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HomeMy WebLinkAboutMinutes-08-28-79-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 28, 1979 T A B L E O F M I N U T E A C T 1 O.N S SUBJECT: ACTION Revocation of Permit to Solicit - Lawrence Crain: Deny appeal and uphold revocation Removal of Items from Consent Calendar Denial of Legal Claim, Ref. #433 CC n436 & #435, Pomering Rd., Wiley -Burke Ave., Quoit St., & Orizaba Ave.: Plans & Specs & authority to adv. (A/C=26-16196) General Warrants: n177516 - 177739 n206020 - 206081 Minutes: Regular Meeting August 14, 1979 Downey Museum of Art Approved Approved Apprc^ed PAGE NO. Approved Approved Committee to be established; Dir. P&R to report back 9/26 Ordinance amending Sec. re Notice on Hearings for Zoning Matters introduced Resolution #3715, Designating Certain Roads to be in FAU System Adopted Resolution auth. Time Limit Parking & No Stopping Restr. on -Firestone B1. Taken under submission to 9/26 Resolution amending Deferred Compensation Plan of City & adopting such Plan as amended Taken under submission to 9/26 SS Proj. #328, Fifth St., Downey Ave. to Brookshire Ave.: Award to Dyno Const. of Azusa & transfer funds Approved Agreement for Public Improvements: Change policy (deleting 15-yr. requirement) Rubbish Rate Adjustment, effective 10/l/79: Auth. in accord w/Agmt. currently in effect & auth. Mayor to execute amended Agmt. & waive 60-day notification requirement Approved 1 2 2 2 2 2 3 3 3 4 4 5 5 Approved 6 Request for hearing on left -turn signal at Set for 10/9/79; staff to prepare Florence/Brookshire cost analysis of inst. signal 7 Mr. Whittington: Discussion re right of appeal to zoning matter 7 Status of property on Rundeil/Julius 7 Discussion re code enforcement - dirty yards Request for staff to come back & hiring a City prosecutor w/recommendations & alternatives re costs 7 Send a letter opposing Application #58764 of So. Calif. Edison Co. for rate increase Approved 7 Put Charter Amendment on next April Ballot to change Citv election to June Primary Approved 7 Discussion re SCAG membership 8 Executive session re litigation 8 Meeting adjourned to 4:00 p.m., September 4th 8 Page 1 of 1 =G4�" p/JJ MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 28, 1979 The City Council of the City of Downey held a regular meeting at 7:30 p.m., August 28, 1979, in the Council Chamber of the Downey City Hall, Mayor Kenneth J. Miller presiding. PRESENT: Council Members: Milton R. Mackaig Theodore H. Jackman Mayor Pro Tem Lyell W. Swearingen William L. Greene Kenneth J. Miller Mayor ALSO PRESENT: John H. Saunders, Acting City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development Ronald W. Leege, Director of Finance John. T. Neaviil, Director of Parks & Recreation William F. Martin, Police Chief Howard Stup, Building Official Francis E. Carter, Assistant City Planner Harald J. Henriksen, City Engineer Ray Smith, Deputy Director of Public Works Earl Strom, Battalion Chief Thomas Tincher, Housing & Redevelopment Coordinator Robert L. Shand, City Clerk -Treasurer Jeanne Cook, Deputy City Clerk -Treasurer The Invocation was delivered by Deaconess Eunice McKinney, Messiah Lutheran Church. The Flag Salute was led by Councilman Jackman. HEARINGS Hearing on Revocation of Permit to Solicit - Lawrence Crain Mayor Miller said a letter has been received from Mr. Crain asking that the hearing be continued to some future date uncertain. Mr. Sorensen stated that if the hearing is continued, it should be to a time certain, and if it is continued, it should be solely on condition that Mr. Crain not operate at all within the City of Downey pending the hearing and determination of the Council. It was moved by Councilman Jackman and seconded by Councilman Mackaig to refuse to continue the hearing and to proceed with the report from the Police Chief and anybody else who wishes to be heard. Mayor Miller opened the hearing on Revocation of Permit to Solicit by Lawrence Crain. Mr. Sorensen said it should be noted in the record that notice of appeal from suspension of the permit was filed by Mr. Crain in due course; that he was notified in, accordance with the Municipal Code procedures; and he has obviously received notice because he sent a letter to the City Council requesting a continuance. He indicated it was his understanding the letter requesting the continuance arrived only in the last day or so; it did not set forth any real reason except that Mr. Crain's counsel has a busy calendar; and the letter did not say Mr. Crain or his counsel would not be at the hearing --Mr. Crain asked for an indefinite continuance. Mr. Sorensen stated the Council does have jurisdiction to proceed. Chief Martin advised this is a case where a complaint was received by the Police Department in that the appellant had hired juveniles to sell candy and violated several labor laws by forcing a young man out of the car, away from his home, accusing him of theft, and then had him walk home. The appellant was paying less than minimum wage, did not require a work permit, and there were four or five violations revealed by investigation, which were reported to the State Department of Labor. A cititation was issued for the violation. He said since the business was being operated under a soliciation permit of the City, he felt is was necessary to revoke the hermit since the business was being operated in violation of the State Labor laws. He stated Mr. Crain was notified of this and responded to the Council Minutes 8/28/79 -1- Police station where he was interviewed and advised of the violations and revoca- tion of his solicitation permit. Mayor Miller inquired if there was anyone present who wished to speak regarding revocation of the permit, and there was no response. It was noted for the record that there has been no further communication of correspondence from Mr. Crain other than his request for continuance. It was moved by Councilman Mackaig, seconded by Councilman Jackman, and so ordered to close the hearing. Councilman Jackman asked if the appellant solicited for a non-profit organiza- tion or for personal profit, and Chief Martin replied for personal profit. It was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by unanimous vote to deny the appeal and uphold the revocation. REMOVAL OF ITEMS FR014 CONSENT CALENDAR Agenda Item VIII-A, Minutes of August 14, 1979, was removed from the Consent Calendar. CONSENT CALENDAR It was moved by Councilman Greene, seconded by Councilman Jackman, and so ordered to approve the remainder of the Consent Calendar: Denial of Legal Claim: Ref. #433, State Farm Insurance (insured Tina Johnson). ract #426 & #435, Pomering Road, Wiley -Burke Avenue, Quoit Street, oa Avenue: Plans, specifications, and grant authority to advertise (Account #26-16196). General Warrants: #177516 - 177739; #206020 - 206081: $1,016,351.23. Councilman Greene referred to Page 8 of the Council Minutes of August 14, 1979, and his request for copies of information Councilman Mackaig has received from Mr. Wanamaker regarding Bank Depository. He and Mayor Miller again requested copies of the information since a meeting will be held Tuesday, September 4th. It was then moved by Councilman Greene, seconded by Councilman Swearingen, and so ordered to approve the Minutes of the Regular Meeting, August 14, 1979. ORAL COMMUNICATIONS (Items not on Agenda) Mayor Miller announced there are representatives in the audience from the Downey Museum of Art. He mentioned that on August 22nd, a meeting was held with the members of the Board and Luckman Glasgow, and the board members want to sit down and resolve this matter so that the City will continue to have a museum. They also hope that in the 90-day period between now and the final cancellation date to prove they can do something with a minimal amount of help from the City. Councilman Mackaig suggested scheduling a study session with the Museum board to discuss each and every item to resolve this matter once and for all. Councilman Jackman suggested Mr. Neavill be assigned to work out a new contract in the next 90 days to be discussed in study session and approved or disapproved. Mayor Miller concurred Ms. Saunders noted it was requested at the meeting that the Council establish a study committee and to include a member of the Recreation & Community Services Commission. Mayor Miller proposed Councilman Greene be on the board since the Museum is in his district. Mr. Bill hare, representing the Art Museum, commented they are prepared to negotiate the contract and all its points but feel the most important thing is to establish, as soon as possible, the CETA positions that were held in abeyance or eliminated. He pointed out the Museum was opened again in July and 1852 people went through the Museum, which was open 3' days a week. He indicated their Council Minutes 8/28/79 -2- willingness to come to some agreement with the City on the operation of the Museum. Mr. Hare said the Museum has a new board of directors, and he feels there will be a change in the relationship with the City. Mr. Saunders was asked about the availability of CETA employees and he replied there were several applicants for positions at the Museum at the time the contract was terminated, but following that, the interviews were not conducted. Councilmen Greene and Jackman indicated they would have no objection to assign- ing CETA people during the interim period. Councilman Mackaig said with Council approval he would suggest a meeting with the Museum board within the next 30 days to work out a proposal. Mr. Sorensen explained there are two agreements involved. One, there was a notice of termination, but the agreement does not state any specified time. The other contains a 90-day provision. It is his belief that if the Council is going to grant an extension of time there should he a request of the representative of the Museum that it would not constitute a waiver of any of the City's rights to termi- nate either of the agreements in the event that is the ultimate result. -Mr. tare said a 90-dav termination notice was received, and they agree this would not be an extension of time and no waiver of any rights the City might have in regard to termination. Mr. Neavill said he should be able to report back to Council on September 26th. A discussion was held regarding the Museum's recuest for CETA employees during he interim period. Mayor Miller concurred with Councilmen Jackman and Greene that CETA personnel be provided during the interim period. Mr. Neavill asked in view of the termination of agreement, if the City would be expected to continue the same level of services they are required in the two agreements. Mr. Sorensen replied the agreement with the 90-day termination period is in effect until the 90 days is over. ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 9160.06(b)(2), WHICH SAID SECTION RE- LATES TO NOTICE ON HEARINGS FOR ZONING MATTERS The Ordinance was read by title only. It was moved by Councilman Jackman and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Jackman seconded by Councilman Greene, and passed by the following vote to introduce the Ordinance. A discussion was held regarding the last paragraph in Section 9160.06(b)(2) regarding failure to mail notices. The word "unintentional" was added to the be- ginning of the paragraph. Mayor Miller voiced concern that an absentee owner of property affected by a zoning matter might not be aware of what is proposed if notices are not mailed out. Mr. Carter replied he feels that although it could happen, it would only be on occasion. AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller IONS RESOLUTION NO. 3715 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, STATE OF CALIFORNIA, DESIGNATING CERTAIN ROADS TO BE IN THE FEDERAL -AID URBAN SYSTEM The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Mackaig to waive further reading. Council Minutes 8/28/79 -3- d It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No. 3715. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING TIME LIMIT PARKING AND NO STOPPING RESTRIC- TIONS ALONG FIRESTONE BOULEVARD AND RESCINDING PRIOR RESOLUTION NUMBERS 7790 1190, 1205, 1306, 1768, 1861, 2234, 2274, 2308 AND 3393 The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Greene to waive further reading. It was moved by Councilman Jackman and seconded by Councilman Greene to adopt the Resolution. Councilman Swearingen objected to any restrictions on Firestone Boulevard. He said he spoke with people who would be affected and have also expressed their ob- jection, and two business owners stated they would go out of business if the restriction is imposed. Councilman Greene commented on his discussions with business owners along Firestone and said although many of them are renters, they were unaware of what is proposed. He requested this matter be taken under submission for two more weeks. Mr. Spindel stated that on September 1, 1978, notices were hand -delivered to every business on Firestone between Brookshire and the west city limits. In addi- tion, notices were mailed to all owners of record at that time. There were two objections from Mr. Kiskadden and Nowling Oldsmobile. Presentation was made to the Board of Directors of the Downey Chamber of Commerce and unanimously approved by the Board. Mayor Miller feels the Traffic Committee should have a meeting in the evening so that business owners can attend. Mr. Spindel commented on the traffic congestion and hazards along Firestone and the need for three full lanes. Discussion followed. Mr. Tincher said the Firestone Corridor Plan has just been drafted, which takes into consideration the traffic flow and the anticipated impact future development will have on the corridor. Staff hopes to submit that draft to Council for con- sideration in the very near future. Recommendations in the report are that the City undertake specific activities to increase and improve traffic flow along the entire corridor. Councilman Mackaig feels this should be done for none or all of Firestone. Councilman Swearingen recommended the restrictions be lifted on both sides of Firestone all the way through the City. The motion and second were withdrawn. Mr. Dale Cheesman, owner of a secretarial service at 8214 Firestone, said his business is open seven days a week between 3:00 and 6:00 p.m. He has no rear entrance, and the proposed restriction would Dut him out of business completely. This would also affect other businesses around him because they do not have rear entrances. Mr. Spindel said if it is the Council's desire, staff will notify all of the property owners on both sides of Firestone from the west city limits to east city limits, and the Traffic Committee will make a field trip. He then suggested the Resolution be held to September 26th. Taken under submission to September 26, 1979. Mavor Miller welcomed Mr. Frank Beckner, Planning Commissioner. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DEFERRED COMPENSATION PLAN OF THE CITY AND ADOPTING SUCH PLAN AS AMENDED Council Minutes 8/28/79 -4- The Resolution was read by. title only. It was moved by Councilman Mackaig and seconded by Mayor Miller to waive further reading. It was moved by Councilman Greene and seconded by Councilman Mackaig to adopt the Resolution. Mr. Leege said this involves a new law which went into effect January 1, 1979. Councilman Jackman said before approving this, he would like to have a cost impact study made so he will know how much it costs the City to operate and adminis- ter the plan. The motion and second were withdrawn. Taken under submission to September 26, 1979. CASH CONTRACTS it was moved by Councilman Jackman, seconded by Councilman Greene, and passed by unanimous vote to award Select System Project #328, Fifth Street, Downev Avenue to Brookshire Avenue, to Dvno Construction, Inc., of Azusa, the lowest and best bidder, in the amount of the unit prices bid totaling $104,526.23, and transfer $10,000 from Account n26-16203 to Account n26-16191. MISCELLANEOUS ACTIONS Agreement for Public Improvements Mr. Spindel stated staff believes there should he some clarification on the agreement, the wording of which has been in use since 1961. He said the City Attor- ney has advised that even though not stated in the agreement, it'can be extended when it expires if such improvements are not practicable or warranted, and staff agrees this should be done. He pointed out it is felt the agreements should be worded to allow such extensions. Councilman Mackaig does not see the need for this type of agreement, particu- larly the 15-year requirement. Mr. Sorensen explained the agreement was established to implement and carry out a policy of the Council. Councilman Mackaig said if a person is entitled to a variance, there should be no strings attached. Mr. Edward Colaianni said his zone variance was approved by the Planning Commission; however, he is opposed to the conditions of street lights and sidewalks. He pointed out there is no relief in the agreement as to these conditions. Also, his neighbors do not want sidewalks or street lights. Mr. Colaianni requested Council approval that Zone Variance 36 be exempted from conditions 6 and 8 of Planning Resolution No. 210. Mr. Sorensen advised the time for appeal on the zone variance has expired, and the variance has become final with the conditions attached. He said he is satis- fied the Council can modify the agreement and can extend the time, but as far as deleting the conditions from the variance, he does not believe the Council, under the circumstances, has that authority. Mr. Colaianni said he has not executed the agreement and he does not have a building permit, and he feels the application for variance is still an open matter. Mr. Sorensen said it has always been the staff's position that once the variance becomes final, then the only way it can be modified is by an application and a new hearing. Discussion followed. Mr. Carter explained the procedure, whereby the applicant in a zoning case is notified suggested conditions will be submitted and can be discussed in detail prior to the meeting with the Planning Commission. If the conditions are approved, within a week the applicant receives a written letter of the Commission's action containing every condition, and people are encouraged to discuss with staff any of the conditions they do not understand. Council Minutes 8/28/79 _5_ Mr. Coalianni requested relief under the agreement. To the extent as stated by the city Attorney, it was moved by councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to change the policy in that Paragraph 1 of the Agreement, Page 2, be changed to read, "That the required improvements shall be constructed at such time as the public right-of-way along the has been improved with: .11 Mayor Miller declared a recess from 9:20 p.m. to 9:30 p.m. The meeting resumed with all Council Members present. Shwas moved by Councilman Greene, seconded by Councilman Jackman, and passed by the following vote to authorize a Rubbish Rate Adjustement effective October 1, 1979, in accordance with the agreement currently in effect, and. authorize the Mayor to execute an amended agreement and waive the 60-day notification requirement. Mr. Spindel responded to questions and explained the rate adjustments are based on an approved formula. Reports have been submitted with the calculations, and based on the formula, a 10.49 percent increase is submitted, which would raise the rate from $3.08 to $3.40 per month for single family residences, and from $2.64 to $2.92 for multiple units up to sir.. This was unanimously approved by the Citizens Health & Environmental Sanitation Committee. Councilman Mackaig feels the contract should go out to bid, with the lowest bidder being awarded the contract. Mr. Sorensen said there is no requirement in the City's Charter nor any appli- cable law that says this type of contract must be submitted for bid, and the Council does have the authority to act on the contract in this manner. Mr. Spindel pointed out that in 1974 the staff and Sanitation Committee recommended it go out to bid. However, the Council decided not to go out to bid and to enter into this contract with Calsan. The contract expires in 1980, and then the Council will have the option of whether to go out to bid at that time or to extend the contract. _ Councilman Jackman said he, too, has questioned why this was not put out to bid. However, after investigating the contract as it now stands and the conditions under which the City and the contractor are working and what other cities do, he feels the City of Downey has a good contract. Councilman Jackman mentioned he would like to know how many complaints are received regarding the contractor's operation in the City. He commented further on the contract and feels the City could save money by doing the rubbish billing in addition to the water billing. Councilman Swearingen can see no reason for not putting the rubbish contract out to bid. Councilman Greene said he also questioned this when he first came on the Council but noted that a lesser rate does not necessarily mean "as good as" service. Mayor Miller said if a lower bid was received and the service was poor, then the City would be right back where it started. Mr. Donald Wilson, 10901 Paramount Boulevard, attorney representing Calsan, commented on the formula which has been acceptable to both the City and the con- tractor in determining the rates each year and of the problems that could result in putting a rubbish contract out to bid with the possibility of receiving sub -standard service. He said trash collection service is a tremendous investment for the contractor, and equipment and maintenance are high. Calsan pays an annual fee to the City, it has the second lowest rate in the area, plus the owner of Calsan pays for his own billing and collection and absorbs his own bad debts. Mayor Miller mentioned at one time the City was giver. credit to provide a senior citizen refund, and it is his understanding the refund was discontinued. Mr. Spindel will check the record on this. Mayor Mille-- also recalled he previously requested if anything could be done where senior citizens who paid the flat assessment for street lighting could be credited back with the rubbish refund. To date nothing has been done. AYES: Council Members: Jackman, Greene, Miller LACES: 2 Council Members: Mackaig, Swearingen Council Minutes 8/28/79 -6- Request of Downey Savings & Loan for a hearing on Left -turn Signal at Florence and Brookshire. The hearing was set for 7:30 p.m., October 9, 1979, in the Council Chamber of the Downey, City Fall. Councilman Jackman asked that staff prepare for the Council a cost analysis of installing a signal and who can or will pay for it. ORAL COMMUNICATIONS Mr. Whittington, 8542 Manatee, commented that a company was allowed to install a 15,000 volt electrical distribution box six inches from the sidewalk in a 25-foot setback area in his neigorhood and that he was notified of a Planning Commission hearing where this was to be discussed. He said he opposed the electrical distri- bution box, and he asked if there is any recourse he would have ir. appealing this issue. Mr. Sorensen said if Mr. Whittington lives within the area notified of the case and he is opposed, then he would have a right to appeal. He noted there is a 15-dav tir..e limit. Councilman Swearingen asked if the.Council had viewed the property at Rundell and Julius. Council Members indicated.thev had not. Mr. Spindel reported that Mr. Smith, Deputy Director of Public Works, has met with people in the area and explained what the City intends to do. Mr. Smith commented on the work that has been done and what is proposed and said the neighborhood is pleased with the progress. Councilman Swearingen mentioned he has received complaints regarding dirty yards. Mr. Spindel stated there is an ordinance covering sub -standard buildings, and if a yard is a health hazard the City gives the property owner ten days notice to clean the property. Then, if the property is not cleaned, the City does the work and assesses the property on the tax bill. A discussion was held regarding the lack of enforcement by the District Attorney's office. Mr. Sorensen said there is nothing to preclude the Council from authorizing the position of City prosecutor, and under the Charter his office has the authority to prosecute if so directed. He said as a matter of economy, the City has been letting the District Attorney's office take care of it. Councilman Greene requested staff be directed to come back with recommendations and different alternatives as to costs. Mayor Miller also said staff should be directed to address the Code section pertaining to sub -standard property and advise the Council to what extent this can be enforced. Councilman Swearingen requested Council oppose the Southern California Edison Company rate increase and send a letter to the Public Utilities Commission opposing Application r58764. it was moved by Councilman Jackman and seconded by Councilman Mackaig to send a letter opposing the Application of the Southern California Edison Company for rate increase. Councilman Greene inquired about amending the Charter to have the Citv Election held during either the June or November election rather than in April. He feels this would be a saving of the taxpayers' money. Mr. Sorensen said this could be placed on the ballot. Discussion followed. It was moved 'hy Councilman Greene, seconded by Councilman Jackman, and passed by the following, vote to put the Charter Amendment on the ballot next April for the citizens to vote for changing the City election to the June primary. AYES: 4 Council Members: Mackaig,Jackman, Swearingen, Greene ABSTAIN: 1 Council Member:: Miller Council Minutes 8/18/79 -7- Councilman Greene mentioned the Council approved being Freeway corridor members of SCAG, yet Downey is not a member of SCAG. Mr. Saunders stated SCAG will be making some policy recommendations and de- cisions on the Freeway corridor, and it would be a good idea if Downey could provide some input. Mayor Miller said Downey will have to live by some of the decisions of SCAG on this issue and needs to provide constructive input. But, this cannot be done unless Downey is a member. Mayor Miller introduced Mr. Bob Burns of the Southeast flews. At 10:30 p.m., Mayor Miller recessed the meeting to executive session to discuss litigation. The meeting resumed at 11:15 p.m. with all Council Members present. The meeting was adjourned at 11:15 p.m. to 4:00 p.m., September 4, 1979, in the Council --_ha.-nner of the Downey City Hall. �� Robert L. Shand, City Clerk -Treasurer Kenneth J. Mill r Mayor Council Minutes 8/28/79 -8-