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HomeMy WebLinkAboutMinutes-09-26-79-Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING SEPTEMBER 26, 1979 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Hearing on Zone Change Case #147, 8830 Rosecrans Ave. Hearing on Appeal, Zone Variance #85, 8200 Firestone Blvd. Removal of Items from Consent -Calendar Continued to 10/9/79 Continued to 10/9/79 Minutes: Adj. Reg. Mtg., September 18, 1979 Approved Denial of Legal Claims: Ref. #439 & #440 Approved CC #437, 8" Water Main - Paramount B1. S/o Santa Ana Freeway: Accept improvements Approved General Warrants: #177996 - 178205 #206133 - 206182 Approved Minutes: Reg. Mtg. September 11, 1979 Approved Request for change in fencing laws bet. residential & commercial property to increase height to at least 7' minimum Not approved Ordinance amending DMC re Design Review Taken under submission to Bd. & Board of Building Appeals next meeting Ordinance amending DMC by adding Sec. 6271 re Business Licenses Introduced Resolution authorizing Time Limit Parking & No Stopping Restrictions along Firestone Blvd. Failed Resolution amending Deferred Compensation Plan & adopting Plan as amended Resolution #3721, urging imprvmt. of CETA Programs Resolution 413722, Recommending Members of Congress of U.S. refrain from approving a Salary Increase for said Members of Congress CC #459, Misc. Repairs - Curbs & Gutters. at Various Locations: Transfer funds Appropriation for purchase of 6" Water Main in. Century Bl. from City Paramount Senior Citizens Rubbish Pick-up Refund Water Rate Study Session w/Water Board Hearing on Zone Change Case #148, 10014 Paramount B1. Downey Art Museum: Staff to modify terms of lease & bring back to Council Status report on Consent Decree, I-105 Fwy. Hearing on appeal of conditions, Tract #37922 - Leeds E/o Paramount Meeting adjourned to 4:30 p.m., 10/2/79 Page 1 of l Failed; to be brought back next meeting for reconsideration Adopted Adopted Approved Approved Approved as amended Set for 10/2/79 Set for 10/23/79 Set for 10/23/79 PAGE NO. 1 1 i Z 1 1 1 1 2 2 3 4 5 6 6 6 6 7 7 7 7 7 8 8 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING SEPTEMBER 26, 1979 The City Council of the City of Downey held an adjourned regular meeting at 7:30 p.m., September 26, 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: Charles W. Thompson, City Manager Royal M. Sorensen, City Attor;iey Ronald W. Leege, Director of Finance John T. Neavill, Director of Parks & Recreation William F. Martin, Police Chief Don Davis, Fire Chief William A. Goggin, City Planner Howard Stup, Building Official Harald J. Henriksen, City Engineer Charles G. Eccleston, Traffic Engineer Thomas Tincher, Housing & Redevelopment Coordinator Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The invocation was delivered by Councilman Jackman. The Flag Salute was led by Councilman Mackaig. HEARINGS Mayor Miller opened the hearing on Zone Change Case #147, 8830 Rosecrans Avenue. It was moved by Councilman Mackaig, seconded by Councilman Jackman, and so ordered to continue the hearing to 7:30 p.m., October 9, 1979, in the Council Chamber of the Downey City Hall. Mayor Miller opened the hearing on Appeal, Zone Variance #85 8200 Firestone Boulevard. It was moved by Councilman Mackaig, seconded by Councilman Jackman, and so ordered to continue the hearing to 7:30 p.m., October 9, 1979, in the Council Chamber of the Downey City Hall. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-A, Council Minutes of September 11, 1979, was removed from the Consent Calendar. Councilman Jackman was not present on September 11th and indicated he will abstain from voting on approval of these Minutes. CONSENT CALENDAR It was moved by Councilman Mackaig, seconded by Councilman Jackman, and so ordered to approve the Remainder of the Consent Calendar: Minutes, Adjourned Regular Meeting of September 18 1979. al of Legal Claims: Ref. #439, Virginia McMath; and Ref. #440, Richard Contract #437, 8" Water Main - Paramount Boulevard south of Santa Ana ay: Accept improvements constructed (Account #51-a_zsa�i General Warrants: #177996 - 178205; #206133 - 206182: $771,434.76. It was moved by Councilman Greene, seconded by Councilman Swearingen, and passed by the following vote to approve the Council Minutes of September 11 1979. Council Minutes 9/26/79 (adjourned) _1_ AYES: 4 Council Members: Mackaig, Swearingen, Greene, Miller ABSTAIN: 1 Council Member: Jackman ORAL COMMUNICATIONS (Items not on Agenda) Verla Brining Loehr, 9915 Arrington, requested the Council to the fencinc laws between rec;Aani-iAi ara the height to at least seven feet minimum. She mentioned the fence on the back of her property is six feet high, and she has asked for an additional two feet, but was informed the foundation of her fence is not steel reinforced and would not withstand an additional two feet of block wall. Mrs. Loehr pointed out the adjacent commercial property is built on a 3-foot fill, which makes it possible for people to look into her back yard and windows, and she has no privacy whatsoever. Councilman Jackman said he looked at this property, and standing at the rear door of the construction site he could not see into Mrs. Loehr°s back yard. Mr. Goggin advised that at the last Planning Commission meeting the Commis- sion did approve of it, and although it is not a stipulation within the conditions, it appeared to be a mutual consent between the developer and Commission that the developer would make a strong effort to add to the height of the wall with plexi- glass and a wooden frame to hold it, which would be acceptable by the Building Division. There can be no concrete additions to the wall unless Mrs. Loehr can get a civil engineer to certify as to the strength of the wall. Mr. John Deretich, 9923 Arrington Avenue, said his wall is 5;2 feet high, and he would like the height increased to seven feet. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by the following vote to not ask the Planning Commission to make a change in the requirements at the present time. Mayor Miller indicated he would like the Ordinance studied to see if it should be amended to provide greater protection for the residential property owner who may end up next to a commercial development. Discussion followed. Mr. Gogcin said he will see what can be done on this matter. AYES: 4 Council Members: Mackaig, Jackman, Swearingen, Greene NOES: 1 Council Member: Miller Councilman Greene commented on problems confronting property owners who live adjacent to construction sites, and he feels this should be taken into considera- tion when projects are approved by the City. ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 9162.06 AND 2490 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTIONS RELATE TO THE DESIGN REVIEW BOARD AND BOARD OF BUILDING APPEALS The Ordinance 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 Greene and seconded by Councilman Jackman to adopt the Ordinance. Councilman Mackaig said with the concurrence of the Council he would like to take the Ordinance under submission. He indicated he is gathering information that may be pertinent to the Ordinance. Councilman Greene withdrew his motion. It was then moved by Councilman Mackaig and seconded by Councilman Swearingen to take the Ordinance under submission to the next meeting. Council Minutes 9/26/79 (adjourned) -2- ,a 6428 Councilman Mackaig said he hopes to have the information gathered and sub- mitted to the Council before the next meeting. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DOWNEY AMENDING ARTICLE VI, CHAPTER 2, PART 2 OF THE DOWNEY MUNICIPAL CODE BY ADDING SECTION 6271 RELATING TO BUSINESS LICENSES The Ordinance 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 Greene, seconded by Councilman Swearingen, and passed by the following vote to introduce the Ordinance. Mr. William G. Cole, General Manager of the Downey Chamber of Commerce, said the Board of Directors of the Chamber voted to support introduction of an ordinance calling for an additional business license tax to raise funds for publicity and promotional purposes; however, in the ordinance presented to Council there is no reference to Dublicity and promotion. Mr. Cole mentioned he has been instructed to poll the Chamber members regarding the proposed Ordinance Councilman Mackaig requested the Ordinance be taken under submission until the Chamber can provide the Council with information concerning the poll of its members. Questions were raised regarding introducing the Ordinance prior to the re- port back from the Chamber. Discussion followed. Mr. Cole hopes to have responses to the poll prior to the second Council Meeting in October. AYES: S Council Members: Mackaig, Jackman, Swearingen, Greene, Miller Diane Boggs, 8629 Meadow Road, member of the Board of Directors of the Chamber and a member of the committee that studied the Ordinance and made recommendations to the Board of Directors, said a key point in the committee's recommendation to the Board was that a part of the Ordinance include the City entering into an agreement with the Chamber, whereby the Chamber would handle the promotion and the funds generated from a surcharge on the Business License Tax. She stated if that is not included in the Ordinance presented to the Council, then she would question if some of the committee and board members would recommend a flat increase in the Business License Fees. Shirley Webster, member of the Board of Directors of the Chamber, commented there is a difference in what was proposed by the Chamber and what was introduced by the Council, and she feels the Ordinance should not be introduced at this time but let it go back to the Board of Directors for its vote as now written. Mr. Thompson explained the Ordinance was presented to the Chamber in pre- liminary form and redrafted by the City Attorney. He said the principal point to be considered is that the substance of the Ordinance is the same, with the difference in the legal wording of the Ordinance itself. He said the City Attorney has advised the promotional activity referred to must be covered by a contract between the7City and Chamber. RESOLUTIONS 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 779, 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 Swearingen and seconded by Councilman Greene to adopt the Resolution. Council Minutes 9/26/79 (adjourned) -3- Mr. Henriksen advised that as requested by Council notices were sent to 160 property owners and 300 business owners, and in addition, notices were hand delivered to 37 businesses on the south side of Firestone in the central business district. Also, the Traffic Committee has conducted a field trip. Mr. Eccleston commented on the inception of the Firestone Boulevard project, the objections of which he said were to reduce traffic congestion by installing a third peak hour lane and new traffic signal system; to improve safety; and to improve the traffic reputation of Firestone Boulevard. He referred to an aerial map of Firestone Boulevard in the downtown area covering a five block area from Brookshire Avenue to Paramount Boulevard and said three of the five blocks did,not register objections to the proposed parking restriction. He said in the block from Downey Avenue to LaReina five out of 13 businesses have lodged objections; in the block from LaReina to Myrtle ten out of 14 businesses registered objec- tions. Of the total five block area 42 percent of the businesses have expressed opposition. Mr. Eccleston said based on the results of the recently completed Firestone Boulevard Corridor Project by staff, it has been determined peak hour parking restrictions will be necessary if sufficient access is to be provided by businesses proposed within the Redevelopment Program. Staff again recommends the proposed parking restriction on Firestone Boulevard. Mr. Henriksen pointed out that Telegraph Road, Florence Avenue, and Imperial Highway are streets that have been successfully restricted without apparent serious impact on adjacent businesses Mr. Sam Tyras of Net Electronics, residing at 9217 Stamps Avenue, expressed his objections to the proposed parking restriction and commented on the lack of parking available to businesses along Firestone. He feels every effort should be made to make it as convenient as possible for people to shop in the downtown area and that the parking restriction would seriously cripple some of the businesses in Downey. Mr. Bob Kiskadden, 7447 Ciro Street, reiterated his stand in opposition to the proposed parking restriction. He favored synchronizing the traffic signals and suggested they coincide with the signal systems in South Gate and Norwalk. Mr. Kiskadden urged the Council to consider changing the 6:00-9:00 a.m. restric- tion to 6:00-8:00 a.m, and also suggested a 5:00-6:30 restriction in the evenings. Mr. William B. Cole, representing the Downey Chamber of Commerce, stated the Board of Directors voted last week to reverse its position supporting the the parking prohibition on Firestone Boulevard. Mr. Dale Cheesman, 9027 Guatemala, informed the Council of his contacts with businesses along Firestone, noting that some of the responses did not coincide with the results of the study conducted by the City. He raised questions regarding statistics of traffic accidents on Firestone. Ms. Ron Rutar, who operates a hobby shop at 8210 Firestone, said the parking restriction would put him out of business. Mr. Bennett, 8124 Firestone, said 4:00-6:00 p.m. is also a peak hour for his camera shop, and the parking restriction would not be an asset to his business. Councilman Mackaig indicated he will vote either way for this issue, but he feels that if the Council does not restrict the southwest area along Firestone then the other three areas should not be restricted. Mr. Sorensen mentioned that if the Council does not adopt the proposed resolution and wants to change the other restrictions on Firestone, then specific action would have to be taken in relation to the other resolutions. Council -man Swearingen voiced his opposition to any parking restrictions on either side of Firestone Boulevard. Councilman Greene feels perhaps the time to consider the parking restriction would be when something positive happens on the Firestone Corridor Plan. Mayor Miller stated since there has been money spent on Firestone to make the traffic flow better, he would favor going ahead with this. AYES: 2 Council Members: Mackaig, Miller NOES: 3 Council Members: Jackman, Swearingen, Greene Failed. Council Minutes 9/26/79 (adjourned) -4- 30 Mr. Thom pson noted that when the State approached the City for the proposal to make the improvements on Firestone, the Council made an indication that there was a prospect of making three full lanes each direction for traffic purposes. He suggested the Council might want to let this operate as is for six months to see what happens, and then if there are continual problems it could be brought back again for reconsideration. Councilman Greene suggested before making the parking restrictions on Firestone consistent that another study should be conducted. Paula Cheesman said if Mr. Eccleston is going to approach all of the businessmen and make another study, she would like to volunteer to go with him. Mr. Tyras feels with the energy crisis more people are doing their shopping while travelling to and from work, and it is important for the business people on Firestone to have parking available. Discussion followed. It was moved by Councilman Greene, seconded oy Councilman Mackaig, and so ordered to instruct staff to conduct a survey similar to the one conducted. Mr. Ken West, 12232 Chavers Avenue, member of the Traffic Committee, referred to the traffic on Suva Street, pointing out the congestion on major streets effects side streets. 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 The Resolution 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 and seconded by Councilman Mackaig to adopt the Resolution. Mr. Thompson gave an explanation of the costs involved for administering the Plan as contained in the recommendation, and he pointed out that if the program is eliminated the City's costs would not be reduced by those amounts indicated. He said the program was added and absorbed without adding any people or machinery. If the program is dropped the City could not eliminate any people or machinery. The actual out-of-pocket costs is approximately $100 a year in material. Roll call vote: Mackaig: No. Jackman: No. Swearingen: No. At this time Mayor Miller called for a recess from 9:40 p.m. to 9:45 p.m. The meeting resumed with all Council Members present. Continued roll call vote on Resolution amending the Deferred Compensation Plan: Greene: Aye. Miller: Aye. Failed. Mr. Thompson explained ,the only reason the Deferred Compensation Plan Amend- ment was presented is because Congress has passed a new law affecting all Deferred Compensation Programs stating that no Plan may have a provision that allows or permits more than a specified level of deduction, placing a maximum on the amount that may be deferred. The law also says all Plans must be in accordance with IRS requirements. The City's program has been in effect for several years, and if the Amendment is not approved he would presume the City would have to discontinue the Program. Mr. Sorensen said he would think the program would have to be discontinued if it isn't an approved plan. Council Minutes 9/26/79 (adjourned) -5- .4 6 3 Mr. Thompson inquired as to the Council's reason for objecting to the Plan and requested this matter be reconsidered. Mayor Miller asked if it is the Council's intent to abolish the plan. Councilman Jackman said the Resolution should be brought back next meeting for reconsideration. RESOLUTION NO. 3721 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY URGING IMPROVEMENT OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT (CETA) PROGRAMS The Resolution 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 Greene, seconded by Councilman Swearingen, and passed by the following vote to adopt Resolution No. 3721. A discussion was held regarding the intent of the Resolution. Responding to questions, Mr. Thompson pointed out that a number of employees who came into the program have gone out into other employment. AYES: 4 Council Members: Jackman, Swearingen, Greene, Miller NOES: 1 Council Member: Mackaig RESOLUTION NO. 3722 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RECOMMENDING THAT THE MEMBERS OF THE CONGRESS OF THE UNITED STATES REFRAIN FROM APPROVING A SALARY INCREASE FOR SAID MEMBERS OF CONGRESS The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3722. CASH CONTRACTS It was moved by Councilman Greene, seconded by Councilman Mackaig, and passed by the following vote to approve the transfer of funds in the amount of $30,000 from Account n26-16217 to Account n26-16223 for the repair of curbs and gutters under Cash Contract n459, Miscellaneous Repairs - Curbs and Gutters at Various Locations. Councilman Jackman indicated there are several locations he thinks should be included and he asked why they were left off. He said he spoke with Mr. Spindel regarding this but has not received a report back. Mr. Henriksen explained the locations selected were the ones staff considered to be the worst as far as depth of water is concerned. He said Councilman Jackman will receive a report on this. AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller MISCELLANEOUS ACTIONS it.was moved by Councilman Jackman, seconded by,Councilman Greene, and passed by unanimous vote to approve an appropriation for Purchase of 6" Water Main in Century Boulevard from the City of Paramount. it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to approve removal of the Left -turn Green Arrow Traffic Signal on Telegraph Road at its intersection with Serapis Avenue. Mr. Henriksen noted a correction in the department recommendation in the last paragraph on page 1. The amount of $2500 should be changed to $1500. AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller Council Minutes 9/16/79 (adjourned) -6- 6432 Senior Citizens Rubbish Pick-up Refund It was moved by Councilman Greene and seconded by Councilman Mackaig to approve the Senior Citizens Rubbish Pick-up Refund. It was moved by Mayor Miller to make a substitute motion as it relates to the last paragraph of the recommendation. The last sentence would read "Refunds by City check in the amount of $9.60 would be made to all eligible applicants within 30 days of the closing date for applications." This, he said, would eliminate the maximum of $1,000. Signe Van Hoeven, 8533 East Donovan Street, asked that she be supplied with information to post at the Information and Referral Center. Councilman Jackman seconded the substitute motion. Mayor Miller asked that the rubbish contractor be contacted with the idea that he may be willing to "ante up" a little more. AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller It was then moved by Councilman Greene, seconded by Councilman Swearingen, and passed by unanimous vote to approve the Senior Citizens Rubbish Pick-up Refund, as amended. The Water Rate Study Session with the Water Board was set for 7:30 p.m., October 2, 1979. It was moved by Councilman Greene, seconded by Councilman Mackaig, and so ordered to set a hearing on Zone Change Case #148, 10014 Paramount Boulevard, for 7:30 p.m., October 23, 1979, in the Council Chamber of the Downey City Hal STAFF REPORTS Mr. Neavill reported on a meeting held September 25, 1979, attended by him- self, Councilman Greene, and Recreation Commissioner Art Johnson, who met with the acting president, board members, and new director of the Downey Art Museum. He said the Museum representatives indicated their willingness to enter into a ' new agreement which would combine the 1957 and 1977 agreements and nullify the existing agreements with the intent there would be a five-year agreement with options for renewal subject to termination of both parties. The parties were in general agreement that the City would continue to provide building maintenance and pay the utility bills, with the exception of only the base telephone rate. It was also agreed the Museum would be responsible for the burglar alarm system. City staff would serve as ex-officio non -voting positions on the Museum board of directors in order to improve and continue with communications. Mr. Neavill said if this is in general agreement with the City Council, staff will proceed to modify terms of the Lease and review with the City Attorney and bring it back to the City Council for final review. No objections were stated. Mr. Sorensen reported on the current status of the Consent Decree on the I-105 Freeway. He said he has been informed the Federal Government has approved the Decree in its present form, which is slightly different than the one presented earlier to the City Council.One change involved the Housing Advocate that was to be appointed by the counsel for plaintiff, whereas now a petition can be made to the Court for removal. In the matter of attorneys' fees, where it was a matter involving the State and the plaintiff's counsel, the Federal Government now has a right to participate in any determination as to the attorney's fees. He attended a meeting of the various city representatives and no determination has been made by all of the cities as to whether they will or will not sign. Mr. Sorensen ex- pressed the feeling that the court will approve the Decree even though he has not received such indication. If it is signed by the State and Federal defendants and signed by the plaintiffs, it will be binding as to those parties but would not be binding as to any non -sighing city. He pointed out the City of Downey still has its Performance Agreement, which will be effective in part, at least. ORAL COMMUNICATIONS Councilman Greene advised he will be attending a SCAG meeting on October 4th when Downey's Resolution is being presented. Council Minutes 9/26/79 (adjourned) -7- Mr. Thompson said there will be a SCAG breakfast on the 4th, which is also an orientation to explain the workings of SCAG, and he suggested possibly Councilmen Mackaig and Swearingen might be interested in attending. Mayor Miller commented on receipt of a request of staff to appeal conditions on Tract #37922 - Leeds Street east of Paramount Boulevard. It was moved by Councilman Greene, seconded by Councilman Swearingen, and so ordered to set a hearing on the appeal for 7:30 p.m., October 23, 1979, in the Council Chamber of the Downey City Hall. At 10:23 p.m., the meeting was adjourned to 4:30 p.m., October 2, 1979, in the Council Chamber of the Downey City Hall. Robert L. Shand, City Cleric -Treasurer f KdnrfetaJ. Miller/ Mayor Council Minutes 9/26/79 (adjourned) -8-