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HomeMy WebLinkAboutMinutes-10-09-79-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 9, 1979 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: PAGE NO. Presentation to Donald R. Stoddard, retiring 20-yr. employee 1 Resolution #3723, Rescinding Res. #3719 (Annex. 79/22-79/35) Adopted 1 Resolution #3724, Declaring Intention to Annex to Ltg. Maint. Dist. (Annex. 79/22- 79/35) - Sets hearing 10/23/79 Adopted 1 Request of Downey Savings & Loan Assn. for Left -Turn Green Arrow Signal on Florence at Brookshire Denied 2 Ordinance amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #147) Introduced 3 Appeal, Zone Variance #85, 6200 Firestone Denied 5 Minutes: Adj. Reg. Mtgs. September 26, 1979; October 2, 1979 (4:30 pm); and October 2, 1979 (7:30 pm) Approved 5 Denial of Legal Claims: Ref. #437 & #441 Approved 5 General Warrants: #178211 - 178431 #206184 - 206239 Approved 5 Ordinance #605, Amending DMC re Design Review Bd. & Board of Building Appeals Adopted 6 Ordinance amending DMC by Adding Sec. 6271 re Business Licenses Submission to October 23, 1979 6 Resolution #3725, Amending Deferred Comp. Plan of City & adopting Plan as amended Adopted 7 Resolution #3726, Encouraging Cont'd. Development of Regional Planning Districts Adopted 7 Resolution #3727, amending 1979-80 Manning Table (Finance) Adopted 7 DIP #705, Const. of sidewalks on S/s Dinwiddie from Rio Hondo to Ryerson: Auth. initiation of Chapter 27 Proceedings & suppl. appropriation of $7500 from General Fund Unappropriated Fund Balance for transfer to A/C #40-15012 Approved 7 Sale of Excess Water Division Property, Well Site #29A: Accept bids Approved 7 Storm Drainage Maint.: Appropriation Approved 7 Street Lighting Funds: Distribution of spec. District Augmentation Funds by County to A/C #143.64 Approved 7 Cerritos Corridor Juvenile Proj.: Auth. pymt. as City's hard match for continuing LEAA Grant Approved 8 Solar Heating: Auth. staff to conduct study Approved 8 Page 1 of 2 COUNCIL MINUTES, OCTOBER 9, 1979 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: Zone Change Case n149, 8244 Alameda St. Hearing set for October 23, 1979 Selection of Councilman Jackman to serve as Downey's representative to SCAG Steering Committee on I-105 Freeway Approved Meeting with Sister City Committee Set for 6:30 p.m., October 23, 1979 Request for staff to prepare resolution objecting to Federal Estate Taxes & Calif. Inheritance Tax Approved Councilman Swearingen requested report re eliminating position of Director of Community Development Discussion re widening of 5th St. Discussion re status of Citizens Redevelopment Comm. Executive session re possible litigation & personnel matter Settlement on Kathleen Holton claim Authorized Meeting adjourned to 5:00 p.m.,, October 16, 1979 PAGE NO. E E E a E I 0 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 9, 1979 The City Council of the City of .Downey held a regular meeting at 7:30 p.m., October 9, 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 Carl K. Newton, Acting City Attorney Ervin Spindel, Director of Community Development 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 F. Stup, Building Official Harald J. Henriksen, City Engineer John H. Saunders, Personnel Officer Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend Rich Freeman, Downey First Baptist Church. The Flag Salute was led by Councilman Greene. PRESENTATIONS Mayor Miller and Mr. Spindel presented a plaque to Mr. Donald R. Stoddard, a 20-year employee, in honor of his retirement. HEARINGS Mayor Miller announced the hearing scheduled on Street Lighting District Annexations 79/22 through 79/35 is off the Agenda because proper notice was not given in compliance with the California Streets and Highways Code. He said it will be necessary to rescind the Resolution which set the hearing and adopt a new Resolution re -setting the hearing for 7:30 p.m., October 23, 1979. RESOLUTION NO. 3723 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING RESOLUTION NO. 3719 The Resolution was read by title only. It was moved by Councilman Mackaig, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No. 3723. RESOLUTION NO. 3724 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX CERTAIN AREAS INTO THE LIGHTING MAINTENANCE DISTRICT AD 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES UNTIL JANUARY 31, 1983 - (ANNEXATIONS 79/22 THROUGH 79/35) 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, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No. 3724. (The Resolution sets the hearing for 7:30 p.m., October 23, 1979.) Council Minutes 10/9/79 -1- 6441 Mayor Miller opened the hearing on Request of Downey Savings & Loan Associa- tion for Left -Turn Green Arrow Signal on Florence Avenue at Brookshire Avenue. He inquired if the City Clerk had the Proof of Publication, and the City Clerk replied yes. It was moved by Councilman Mackaig, seconded by Councilman Jackman, and so ordered to receive and file the Proof of Publication. Mr. Spindel reported a study of this request was made by the Engineering staff and the Traffic Committee, and it was a unanimous recommendation of the Traffic Committee that the request not be granted because the signal is not warranted. He said the signal would cost approximately $35,000-$50,000 to install; in addition, there would be ongoing additional maintenance costs of approximately $125 a year; and the signal would cost an additional delay to through traffic on Florence. Mr. Spindel recommended the signal not be put in at this time but that further studies be continued. At such time as staff feels the signal is warranted, it will be recommended to the Council. Mayor Miller inquired if the City Clerk had received any correspondence on this matter, and the City Clerk replied he had not. Mayor Miller than inquired if there was anyone present who wished to speak in favor of the left -turn signal request. Mr. Terry Dickens, Vice President -Director of Real Estate, for Downey Savings & Loan Association, said comments have been received from some of their customers concerning a left -turn signal. He said it is felt the convenience and safety of individuals would be enhanced with a protected left -turn signal. Mr. Dickens re- quested the signal be approved and that it be a traffic actuated signal so it will only turn green if there is a vehicle to make the turn. Councilman Jackman asked if Downey Savings & Loan would be willing to pay the cost of the signal. Mr. Dickens replied this would have to be discussed with the Savings & Loan senior management. Mayor Miller asked about the ongoing cost of maintenance. Mr. Spindel indicated the cost is estimated at approximately $125 a year, but it is felt the most significant cost would be to motorists because of the delay that would be created by the new signal. He commented on the signal upgrading project that is currently under way on Florence Avenue, which is being financed in part with Federal Funds, County Funds, and some Downey FAU funds allocated quite a few years ago, the design and study for which definitely rejected the idea of putting in a left -turn signal. He said if a left -turn signal were approved, it could possibly jeopardize the entire project, as well as causing a delay in the progression of traffic on Florence Avenue. Mayor Miller asked if there was anyone present who wished to speak in opposition to the request. Ms. Vartanian, 8603 Lubec, indicated she uses Florence Avenue on a daily basis and uses the left -turn at Brookshire approximately two or three times a week. She said only once has she been caught in a signal where she had to wait through two signals. There being no one else wishing to speak, it was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by unanimous vote to close the hearing. Councilman Jackman said if the signal were allowed with Downey Savings & Loan paying the cost for installation and subsequently it had to be removed because of problems, there could be a possible loss of $35,000-$50 000 to the Savings & Loan. Mayor Miller stated from his observation, there was an insignificant number of those people making the left turn onto Brookshire turning into the Savings & Loan. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by the following vote to deny the request for left -turn green arrow on Florence at Brookshire. Council Minutes 10/9/79 -2- AYES: 3 Council Members: Jackman, Greene, Miller NOES: 2 Council Members: Mackaig, Swearingen Mayor Miller opened the hearing on Zone Change Case #147 8830 Rosecrans Avenue, which was continued from the adjourned regular meeting of September 26, 1979. He inquired if the City Clerk had the Proof of Publication, and the City Clerk replied yes. It was moved by Councilman Jackman, seconded by Councilman Greene, and so ordered to receive and file the Proof of Publication. Mr. Goggin reported the zone change concerns property starting at the corner of Rosecrans and Century and continuing easterly to within 300 feet of the right- of-way line on Lakewood Boulevard. He commented on the expansion of the applicant's original filing to include rezoning the R-1 area developed with commercial uses. He said the Planning Commission has recommended approval to change the zoning to C-2, which includes the area of the original application. Mayor Miller inquired if the City Clerk had received any correspondence on this matter, and the City Clerk replied he had not. There being no one present to speak in favor or in opposition to the zone change, it was moved by Councilman Jackman, seconded by Councilman Greene, and so ordered to close the hearing. ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (ZONE CHANGE CASE NO. 147) 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 Mackaig, and passed by unanimous vote to introduce the Ordinance. Mayor Miller opened the hearing on Appeal to Zone variance 485, 8200 Firestone Boulevard, which was continued from the adjourned regular meeting of September 26, 1979. He inquired if the City Clerk had the Proof of Publication, and the City Clerk replied yes. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and so ordered to receive and file the Proof of Publication. Mr. Goggin reported on the location of the property, which he said according to the City's records was vacant for over 90 days, and following that time the applicant now occupying the property was told the sign cans were illegal under the new Zoning Ordinance and that the signs would have to conform to the Code. He cited the chain of events that have taken place in this matter with the applicant seeking approval of a zone variance for approval of the signs, which the Planning Commission has denied. Mr. Goggin pointed out the Zoning Ordinance permits 122 square feet of sign on the building, but the applicant has considerably more than that. Mayor Miller inquired if the City Clerk had received any correspondence on this matter, and the City Clerk replied he had not. Mayor Miller then inquired if there was anyone present to speak in favor of the appeal. Mr. John Huppuch, 9354 Appleby Lane, requested a reasonable time extension in which to raise necessary funds to remove the existing signs and replace them with others that will comply with the code. He said his request is based on a number of reasons, one of which is that the property is located in Subarea D of areas designated for redevelopment, and since the plans are indefinite, he ques- tioned why expenditures would have to be created needlessly when present and pre- existing conditions may change drastically next year. Mr. Huppuch pointed out the additional costs spent to re-establish conforming signs would later be absorbed by the City if the redevelopment materializes. He contended it would be to the best interests of all concerned to allow the present signs to remain for a period of one year or at least until the current, speculative and indefinite plans for redevelopment solidify into a more concrete plan of action. Council Minuter 10/9/79 -3- Councilman Jackman asked Mr. Goggin if the signs on Firestone and LaReina were removed, would the one sign on the 450 angle be within the size allowed? Mr. Goggin replied it would be close, but he is not sure as to the exact square footage of that sign. Councilman Jackman feels if the two signs are removed, the one on the angle would amply serve the purpose. He suggested giving a time limit in which to re- move the two signs. Councilman Mackaig inquired if the Redevelopment Commission would have to pay for the signs that were put up illegally if the property is purchased through redevelopment. Mr. Newton replied he does not feel the Redevelopment Commission can be forced to pay for an illegal use. Councilman Mackaig said when a person comes into the City and disregards the City's ordinances, he does not see any reason to give that person any consideration whatsoever. Mr. Larry Carerra, 11265 Woodruff, stated the applicant knows what he did was wrong, but all he is asking for is an extension of time. He does not feel it would be fair to have the applicant remove the signs before the others in the redevelop- ment area have to. Discussion followed. Mr. Benjamin McCabe, 5208 East Live Oak, Cudahy, spoke in favor of the re- quest for a time extension, pointing out the applicant knows he put up the signs illegally. He commented on the integrity of the man involved. Cindy Puett, 9354 Appleby, said the applicant is dedicated toward teaching people to help themselves, but he knows he made a mistake regarding the signs. She requested the Council to grant the one-year extension. There being no one else to speak in favor, Mayor Miller then asked for speakers in opposition. Mr. Jack Robinson, 8615 Florence Avenue, commented the sign ordinance was sought after for years, and there were countless public hearings conducted. He thinks the community has reached an age when rehabilitation must take place, and part of this is upgrading the signs. He mentioned the success of sign ordinances in other communities and said the Council has an obligation to support Downey's sign ordinance. Rebuttal time was offered to the applicant. Mr. Huppuch pointed out he is not challenging the City's ordinances but is speaking in regard to the redevelopment area and the financing for removing the signs. He explained that when they were first informed they could not put up the signs, they hired a sign company to erect the signs and obtain the necessary permits from the City. Litigation is now pending against the sign company. He again requested the extension of time. Mr. Carerra said the signs were financed with the man's life savings, and he mentioned that manv times ordinances are difficult to understand. it was moved by Councilman Jackman, seconded by Councilman Mackaig, and so ordered to close the hearing. Councilman Mackaig said the bottom line is the fact that the applicant pre- sented his case to the Planning Division, he was told he could not put up the signs and why and, yet, he put them up. Councilman Jackman raised the question of whether the sign on the 450 angle would be a legal sign under the City's ordinance if the other signs on the build- ing were removed. Mr. Goggin explained the signs were mounted on the existing cans, which should have been removed because they exceed the square footage allowed under the ordinance Council Minutes 10/9/79 -4- Councilman Jackman feels the signs on LaReina and Firestone should be re- moved but that the sign on the 450 angle could be permitted if it is a legal size. A discussion was held regarding the measurements of a legal size sign. Mr. Goggin advised that according to the measurements of the building, there would be 87' feet of sign space allowed, and none of the applicant's signs meet this requirement. Councilman Jackman suggested perhaps the sign on the side of the building could be moved to the front. Mr. Goggin said based on the building permit, the sign on the face of the building is 4 by 28; the sign on the 450 angle is 8 by 16; and the sign on LaReina is 4 by 8. Councilman Mackaig said he would concur with moving one of the smaller signs to the front of the building. Councilman Swearingen indicated he would agree with Councilman Jackman's suggestion and to grant an abatement period. Councilman Greene stated he cannot go along with the rest of the Council on this, and he mentioned the applicant could possibly come back to the Council and request a further extension. He advocated adhering to the ordinance and does not feel there needs to be an abatement period since the applicant has already has ample time on this. Mayor Miller feels strongly that the Council has set goals for the community, on which decisions may be very difficult. He would concur with the suggestions if there were only a few feet difference between what is allowed and the actual size of the signs, but there is a substantial deviation in what the court would provide and he cannot support the appeal. It was moved by Councilman Mackaig, seconded by Councilman Greene, and passed by the following vote to deny the appeal on Zone Variance #85. AYES: 3 Council Members: Mackaig, Greene, Miller NOES: 2 Council Members: Jackman, Swearingen Responding to questions, Mr. Goggin commented on the problems staff has of enforcing removal of sign cans when a business vacates a building, even though the code requires the cans to be removed within so many days. Mr. Newton stated the Council could develop an ordinance determining that on signs to be erected, a bond would have to be established as a condition of issu- ing the sign permit to require removal upon termination of the business. Mayor Miller suggested there be a study on how to resolve this problem. CONSENT CALENDAR It was moved by Councilman Greene, seconded by Councilman Mackaig, and passed by the following vote to approve the Consent Calendar: Minutes: of September 26 Denial of Legal Claims: Ref. #437, Phyllis Lois Cason; and Ref. #441, Sharon Carroll. General Warrants: #178211 - 178431; #206184-'206239: $727,663.53. 1979 AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller ORAL COMMUNICATIONS: (Items not on Agenda) - None ORDINANCES ORDINANCE NO. 605 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 9162.06 AND 2490 OF THE'.DOWNEY MUNI- CIPAL CODE, WHICH SAID SECTIONS RELATE TO THE DESIGN REVIEW BOARD AND BOARD OF BUILDING APPEALS Council Minutes 10/9/79 -5- a6445 The Ordinance was read by title only. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and so ordered to waive further reading. It was moved by Councilman Greene, seconded by Councilman Swearingen, and passed by the following vote to adopt Ordinance No. 605. Councilman Mackaig doesn't feel the two boards should be combined, and he would rather have two people appointed and designated as the Design Review Board to sit with the Planning Commission. Then, he said, matters.could be handled in one step, but there would still be an appeal to the Council. Councilman Greene reminded the Council of the time spent in setting up the Design Review Board and the number, as well as the selection of the members. He noted there was input received from people active in the building industry. Mr. Spindel explained that during the hearings on the Zoning Ordinance, it was the concensus of the people in the architectural and building trades that the Planning Commission should not be the Design Review Board, since the Commission would eventually have to review the appeals. Mr. Goggin commented on the unanimous opinion among the builders he contacted that felt they would not want to go before the Planning Commissin as a Design Review Board because the Commissioners are generally lay people and not qualified in the building trades. He said in other cities he has checked, the Design Review Board is a separate board made up of professionals. Councilman Mackaig favored the Design Review Board sitting with the Planning Commission so that there would only be one appeal, which would be to the Council. Mr. Spindel indicated this ordinance would slightly change the composition of the Building Appeals Board to add a landscape architect. Mr. Goggin noted there are approximately two or three landscape architects in the City, and one has made a commitment he would be willing to serve on the Board. Discussion followed. Mr. Spindel pointed out that if the ordinance is adopted, the Council may by resolution designate the Building Appeals Board to act as the Design Review Board. AYES: 3 Council Members: Jackman, Greene, Miller NOES: 2 Council Members: Mackaig, Swearingen 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 A discussion was held regarding holding the resolution over to the next meet- ing to allow time for the Chamber of Commerce to respond regarding a poll of its members. Mayor Miller asked if there could be any legal ramification to the Council Members voting on the poll as a member of the Chamber of Commerce. Mr. Newton replied an indication of a Councilman's opinion as a member of the Chamber would not have any effect on the Councilman's ability to vote on the ordinance. The ordinance was taken under submission to the Council Meeting of October 23, 1979. RESOLUTIONS RESOLUTION NO. 3725 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 Swearingen to waive further reading. Council Minutes 10/9/79 -6- It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to adopt Resolution No. 3725. Mr. Thompson commented on his report to the Council concerning the cost of the Deferred Compensation Plan to the City in the way of personnel and equipment. AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller RESOLUTION NO. 3726 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ENCOURAGING THE CONTINUED DEVELOPMENT OF REGIONAL PLANNING DISTRICTS The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Jackman to waive furtherreading. It was moved by Councilman Mackaig, seconded by Councilman Greene, and passed by the following vote to adopt Resolution No. 3726. Chief Martin explained that if this issue is passed through the Legislative body, it will cut one and possibly two layers of bureaucracy in disbursing grant funds to the cities. He pointed out that if this is passed, then Downey would have to join with other cities to form an entitlement district, which would then enable the cities to go directly to the State level for funding for the programs they would like to have. If the request for grant moneys is turned down, then there would be an appeal procedure to the LEAA in Washington D.C. AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller Mayor Miller declared a recess from 9:35 p.m, to 9:42 p.m. The meeting re- sumed with all Council Members present. RESOLUTION NO. 3727 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE 1979-80 MANNING TABLE The Resolution was read by title only. It was moved by Councilman Greene, seconded by Councilman Mackaig, and so ordered to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by the following vote to adopt Resolution No. 3727. Mr. Thompson mentioned the City has been unable to attract applicants for the position of Internal Auditor, and he noted there is no backup whatsoever to the Director of Finance. He also said there is no professional accountant with the City other than the Director of Finance. AYES: 4 Council Members: Jackman, Swearingen, Greene, Miller NOES: 1 Council Member: Mackaig MISCELLANEOUS ACTIONS It was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by unanimous vote to authorize the initiation of Chapter 27 proceedings for the construction of sidewalks on the South side of Dinwiddie Street from Rio Hondo Drive to Ryerson Avenue under Downey Improvement Project #705, and authorize a supplemental appropriation of $7500 from General Fund Unappropriated Fund Balance for transfer to Account #40-15012. It was moved by Councilman Greene, seconded by Councilman Swearingen, and passed by unanimous vote to accept the bids for Sale of excess Water Division Property, Well Site No. 29A. It was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by unanimous vote to approve the appropriation of $2600 from Unappropriated Fund Balance to Account #10-4-3421.0370 for Storm Drainage Maintenance. It was moved by Councilman Greene, seconded by Councilman Jackman, and passed by unanimous vote to approve Distribution of Special District Augmentation Funds by County (Street Lighting Funds) to Account #143.64 in the estimated amount of $39,701.81. Council Minutes 10/9/79 -7- 6447 It was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by the following vote to authorize payment of $7,866, as the City's hard match for a continuing LEAA Grant on the Cerritos Corridor Juvenile Project. Chief Martin cited the success of the Cerritos Corridor Juvenile Project. He feels for the $8,000 the City will be spending, it will receive $23,000 worth of services for the youth of the community. Councilman Mackaig said he attended the only meeting the -Cerritos Corridor Project has had since he was appointed, but there was not a quorum. The next meeting is set for the end of October. AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller Mr. Goggin requested an indication from the Council as to whether the Planning Commission and staff should begin formulating an ordinance regarding Solar Heating Controls. He said most cities have no controls, conditions, or requirements on solar heating. It was moved by Councilman Swearingen, seconded by Councilman Greene, and passed by unanimous vote to authorize staff to conduct a study on solar heating. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to set a hearing on Zone Change Case #149, 8244 Alameda Street, for 7:30 p.m., October 23, 1979, in the Council Chamber of the Downey City Hall. CITY MANAGER'S REPORT Mr. Thompson requested an executive session on a matter of potential litiga- tion and personnel. STAFF REPORTS Mr. Spindel reported that he and Councilman Swearingen attended a SCAG meet- ing and said SCAG unanimously adopted Downey's resolution concerning the I-105 Freeway. He said they were told the SCAG Executive Committee had voted to have Downey designate its representative as the SCAG representative on the Steering Committee. Councilman Greene suggested Councilman Jackman be selected to serve. The rest of the Council concurred and the following roll call vote was taken: AYES: 4 Council Members: Mackaig, Swearingen, Greene, Miller ABSTAIN: 1 Council Member: Jackman ORAL COMMUNICATIONS Councilman Jackman mentioned he and Mayor Miller have just returned from a trip to Guadalajara, and he suggested the City Council meet with the Sister City Committee to discuss future plans for the Sister City Program. A meeting with the Sister City Committee was set for 6:30 p.m., October 23, 1979, in the Council Chamber of the Downey City Hall. Councilman Swearingen requested staff to prepare a Resolution objecting to Federal Estate Taxes and the California Inheritance Tax to be sent to the City's legislators and possibly the League of California Cities and Independent Cities. The Council concurred. Councilman Swearingen then requested the City Manager to check on the possi- bility of eliminating the position of Director of Community Development. He would like a report back. Councilman Swearingen indicated he has received criticism regarding the widening of Fifth Street and doing both sides at the same time. Mr. Spindel responded the street is closed to through traffic, and attempts are being made to make provisions for the residents. He said the idea is to get the job done as quickly as possible with as little disruption to the residents as possible. It is hoped the project will be completed before Thanksgiving in view of the fact that Fifth Street is a thoroughfare to Stonewood Shopping Center. Mr. Council Minutes 10/9/79 -8- Spindel stated that based on experience, it would cost more to do each side of the street separately and it would take longer. Councilman Greene asked if the Citizens Redevelopment Committee is still meeting. Mr. Thompson replied he doubted the Committee has met for sometime. He said perhaps a meeting should be called to give the Committee an update on the Redevelopment Program. Councilman Greene then questioned Mr. Robert Burns, Southeast News reporter, regarding comments made in a recent article concerning the CETA Program. Mr. Burns explained the article covered various cities involved in the CETA Program. At 10:15 p.m., Mayor Miller recessed the meeting to executive session to discuss possible litigation and a personnel matter. The meeting resumed at 10:50 p.m. with all Council Members present. It was noted the Council authorized a settlement on the Kathleen Holton claim. There being no further business to come before the City Council, the meeting was adjourned at 10:50 p.m. to 5:00 p.m., October 16, 1979, in the Council Chamber of the Downey City Hall. Robert L. Shand, City Clerk -Treasurer Kenneth J. MilYe'r, Mayor Council Minutes 10/9/79 -9-