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HomeMy WebLinkAboutMinutes-05-26-81-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 26, 1981 T A B L E O F Closed session re Labor Negotiations U T E A C T I O N ACTION: PAGE NO. 1 Appeal, CUP #115, 12116 Downey Av. Hearing closed; referred back to Planning Comm. for review & recommendation; Comm. D'Alessandro to not take part in any further discussion &/or voting 2 Res. #3962, Ordering Annex. 81/3-81/27 Adopted 2 Hearing on Amendments to 1979 Uniform Fire Code Continued to June 8, 1981 3 Permissive CUP #2, SE corner Suva St. & Postponed to June 8, 1981 for Scout Av. reconsideration; staff to notify all parties within 500' 3 Minutes: Adj. Reg. Mtg., May 13, 1981 Approved 3 Corres. from So. Calif. RTD re Proposed Fare Increases & Changes Filed 3 Corres. from Pacific Telephone re Rate Increase Application & Hearings Filed 3 Rejection of Legal Claim: Ref. #519 Approved 3 _ General Warrants; #190952 - 191221 #208203 - 208249 Approved 3 Planning Comm. recommendation re 1981-82 Capital Improvement Program Budget Approved 3 By -Laws & Articles of Incorporation for Civic Center Corp. Approved 3 Res. #3963, Apprvg. & Adopting 1978-79 Base Year Appropriations Limit & Annual Appro- priations Limit for 1980-81 & rescinding Res. #3903 Adopted 3 Res. #3964, Directing City Mgr. Execute Training Agmts. bet. Police Dept. & Calif. Dept. of Highway Patrol Adopted 3 Citizen complaint re weeds along sidewalks on Firestone Bl. 3 Res. #3965, Describing Imprvmts. within Ltg. Maint. Dist. AD 121 for 81-82 & Ord. Traffic Engineer to Prepare & File Rpt. Adopted 4 Traffic Engineer's Report 4 Res. #3966, Apprvg. Engineer's Report for -- Assmts. within Ltg. Maint. Dist. AD 121 for 1981-82 Adopted 4 Res. #3967, Declaring Int. to Levy & Collect Assmts. within Ltg. Maint. Dist. AD 121 for 1981-82 Adopted; sets hrg. June 8, 1981 4 SS Proj. #336, Brookshire - Alameda to Stewart & Gray; Stewart & Gray - Brookshire to Patton; Woodruff - Firestone to SPRR; Albia - Brookshire to Wly. Cut -de -sac: Award to Sully Miller Contracting Co. Approved 4 Page 1 0£ 2 COUNCIL MINUTES, MAY 26, 1981 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: Appeal, Plot Plan #371, 13134 Verdura Av. Tabled Water Rates for FY 1981-82: Set differential of cost increase, according to the formula, bet. the water systems in order to eventually have uniform rates throughout the entire City Approved PAGE NO. 9! V Manzanar Av. N/o Gallatin Rd. - Drainage Referred back to staff for a more Problems detailed report next meeting 5 Old Fire Station #1, 11435 So. Downey Av.: Auth. City Manager to cancel lease agmt. w/SE Council on Alcoholism & Drug Problems; auth. termination of billboard lease; auth. public sale; & auth. Mayor to sign necessary documents to consummate sale Approved Cable Television Committee Recommendation Appeal, ZV #169, 10225 Old River School Rd. & CUP #114 City of Downey Annual Municipal Budget for FY 1981-82 Cn. Swearingen cited problems involving Church on Pomering Rd. Cn. Quinn requested staff check on recon- struction of intersection at Atlantic & Firestone in So. Gate in order to coordinate traffic 5 Taken under submission to June 8th meeting; Mayor Mackaig to share addl. info w/Council & Committee 5 Hearing set for June 23, 1981 Presented by Acting City Manager; hearing set for June 8, 1981 Referred to staff On. Cormack cited waist -hi weeds in parkway on NW corner Stewart & Gray & Lakewood Referred to staff 5 5 6 6 - 6 Mayor Mackaig proposed changing City's Referred to staff f/report re entrance signs to "Home of Space Shuttle" feasibility & cost of changing signs or adding "Home of Space Shuttle;" also whether Rockwell will participate in cost 6 Resolution from So. Gate requesting Caltrans cease Acquiring Property within I-105 Century Freeway Corridor No action 0 Corres. from Commerce encouraging support Referred to staff for preparation for Ratification of Peripheral Canal of Resolution & after adoption Referendum send to Senator Campbell & Assemblyman Young 6 Req. of So. Calif. Edison Co. for support of Licensing San Onofre Nuclear Plant Units Referred to staff for preparation II and III of a Resolution 6 Pasadena Resol. supporting Continuation of Referred to staff for preparation Long Beach Fwy. from Pomona Fwy. to 210 Fwy. of a Resolution Meeting adjourned to 7:30 p.m., June 8, 1981 N Page 2 of 2 6 gc) 9 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 26, 1981 The City Council of the City of Downey held a regular meeting at 7:30 p.m., May 26, 1981, in the Council Chamber of the Downey City Hall, Mayor Milton R. Mackaig presiding. PRESENT: Council Members: Lyell W. Swearingen Mayor Pro Tem James T. Quinn Robert G. Cormack Theodore H. Jackman Milton R. Mackaig Mayor ALSO PRESENT: Loren D. Morgan, Acting City Manager Peter M. Thorson, Acting City Attorney William A. Ralph, Director of Public Works 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 Harald J. Henriksen, City Engineer Harry Rayson, Building Official Charles G. Eccleston, Traffic Engineer Don Wagner, Assistant to City Manager Thomas Tincher, Housing & Redevelopment Coordinator Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend Michael E. Winstead, Downey United Methodist Church. The Flag Salute was led by Councilman Quinn. Mayor Mackaig recessed the meeting to a closed session from 7:37 p.m. to 7:57 p.m, regarding Labor Negotiations. The meeting resumed with all Council Members present. HFARTNr.q Mayor Mackaig opened the hearing on Appeal to Conditional Use Permit #115, 12116 Downey Avenue. He inquired if the City Clerk had the Proof of Publication, y and the response was es. It was moved by Councilman Swearingen, seconded by Councilman Jackman, and so ordered to receive and file the Proof. Mr. Goggin described the location of the property noting the request of the applicant is to expand his existing car wash with three additional bays, for a total of five. The Planning Commission approved the request and stipulated 16 conditions. The applicant is appealing Conditions #13 and #16. Mr. Goggin pointed out that many properties in the area are developed with homes and condominiums. Mayor Mackaig inquired if the City Clerk had received any correspondence on this matter, and the response was no. Mayor Mackaig then asked if there was anyone present who wished to speak in favor of the appeal. Mr. Dick Golec, 774 Rhine Road, Lake Arrowhead, mentioned his appeal letter requested the City Council to listen to the Planning Commission tapes for the meet- ings of March 4th and 18th. He was informed Councilman Cormack has listened to the tapes. He then commented on the Planning Commission hearings and questioned why his request to expand an existing business resulted in the Commission discussing ways the business could be closed down at a future date without a public hearing. The business has been in existence for 12 years and there have been no problems. Mr. Golec commented further on discussions held by the Planning Commission and cited in particular statements made by Commissioner D'Alessandro. He quoted Commissioner D'Alessandro as saying "if there are problems at the car wash and pot smoking, we will close you down." Mr. Golec then went on to say that Commissioner D'Alessandro owns the condominium project across the street from the car wash and was in charge of Zone Change 4140 on the property when the Planning Commission approved the change from Commercial to R-2. He cited his objection to Condition #13 which reads, "business hours shall only be between the hours of 7:00 a.m. and 10:00 p.m. of each Council Minutes 5/26/81 -1- day," noting the car wash has been open 24 hours a day for the last 12 years. Mr. Golec also discussed his objection to Condition 416 and feels his Civil and Constitutional Rights have been totally subordinated. Mr. Goggin mentioned the two conditions are similar in wording to a condition contained in the original approval of the Robo Car Wash many years ago. He explained the reason for adding Condition #16 is to protect the adjacent residential properties from noise and other disturbances that could occur and said this con- dition has been used in zone cases in the City for over 20 years. Mr. Goggin then described how the car wash is proposed to be changed with the additional bays and reactivating the gasoline pumps which could increase the business considerably. Conditions #13 and 416 are necessary in order for the City to have control in case problems occur. Mr. Golec said staying open 24 hours a day is his security because he has no way to protect the business. When asked if he would have an attendant on the premises during the 24 hours, he replied no, but that he planned to have an attend- ant in the cashier's booth to attend the gas facilities up to approximately 11:00 or 12:00 p.m. Mr. Goggin pointed out that unless it is a condition, Mr. Golec would not be required to have an attendant. Councilman Cormack feels this can be worked out so that the applicant can operate his business, but the City must have control similar to Condition #16 in case things get out of hand. There being no one else to speak in favor and no one to speak in opposition, it was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to close the hearing. Councilman Swearingen went on record saying he feels Mr. Golec certainly has the right to operate a business in this City without harassment. Councilman Quinn expressed concern about noise that could be generated from the car wash by people cleaning the engines of their cars and then closing the hoods which, he said, cannot be done quietly. It was moved by Councilman Cormack and seconded by Councilman Swearingen to refer the Appeal to Conditional Use Permit #115 back to the Planning Commission for review and recommendation. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by unanimous vote to amend the motion that Commissioner D'Alessandro, as a possible conflict of interest, should not take part in any of the discussion and/or voting in any further negotiations with Mr. Golec. The original motion was then passed by unanimous vote of the Council. Mayor Mackaig opened the hearing on Lighting District Annexation 81/3 - 81/27. He inquired if the City Clerk had the Affidavit of Posting of Notice and Proof of Publication, and the response was yes. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to receive and file the Affidavit and Proof. Mayor Mackaig inquired if the City Clerk had received any written protests or objections, and the response was no. There being no one present to speak in protest, it was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to close the hearing. RESOLUTION NO. 3962 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING ANNEXATION OF CERTAIN AREAS INTO LIGHTING MAINTENANCE DISTRICT AD 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THOSE AREAS (ANNEXATIONS 81/3 THROUGH 81/27) The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Swearingen to waive further reading and to adopt Resolution No. 3962. The vote was unanimous. Council Minutes 5/26/81 -2- Mayor Mackaig announced that while the hearing on the 1979 Uniform Fire Code was set for this meeting and the required Notice of Publication was delivered to the local adjudicated newspaper in ample time for publication, the notice did not appear in the newspaper as required. Mayor Mackaig then opened the hearing on Amendments to the 1979 Uniform Fire Code and entertained a motion to continue the hearing. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to continue the hearing on Amendments to the 1979 Uniform Fire Code to 7:30 p.m., June 8, 1981, in the Council Chamber of the Downey City Hall. Mayor Mackaig requested that Permissive Conditional Use Permit #2, Southeast corner Suva Street and Scout Avenue, be reconsidered and set for June 8th. He said the public hearing has been closed, and the Council will not hear any further testimony unless it is new input. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by unanimous vote to postpone Permissive Conditional Use Permit #2 until 7:30 p.m., June 8, 1981, for reconsideration, and that staff notify all interested parties within 500 feet. CONSENT CALENDAR It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by the following vote to approve the Consent Calendar: Minutes: Adjourned Regular Meeting of May 13 1981. Correspondence from Southern California Rapid Transit District regarding Proposed Fare Increases and Changes. Correspondence from Pacific Telephone regarding Rate Increase Application and hearings. Rejection of Legal Claim: Ref. #519, Stephen C. Gunderman. General Warrants: #190952 - 191221; #208203 - 208249: $629,519.12. tal Pro By -Laws and Articles of Incorporation for Civic Center Corporation. RESOLUTION NO. 3963 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING THE 1978-79 BASE YEAR APPROPRIA- TIONS LIMIT AND THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 1980-81 AND RESCINDING RESOLUTION NO. 3903 RESOLUTION NO. 3964 A RESOLUTION OF THE CITY OF DOWNEY AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE TRAINING AGREEMENTS BETWEEN THE POLICE DEPARTMENT OF THE CITY OF DOWNEY AND THE STATE OF CALIFORNIA DEPARTMENT OF HIGHWAY PATROL AYES: 5 Council Members: Swearingen, Quinn, Cormack, Jackman, Mackaig ORAL COMMUNICATIONS - Items not on Agenda Mr. Brent Vartanian, 9018 East Buckles Street, mentioned the Alameda School has moved one of its bus stops to the front of his home on Buckles Street, and he has had problems with children damaging his property. He was advised to contact the Downey Unified School District, inasmuch as the City Council has no jurisdic- tion in school matters. Mr. Frank Genaro, 8716 Byers Street, cited a complaint regarding weeds along the sidewalks on Firestone Boulevard, particularly near All American Home Center. He was asked to contact the City Manager, who will direct him to the proper department. Councilman Cormack mentioned there are some funds included in the new Budget for maintenance of the medians. Council Minutes 5/26/81 -3- ORDINANCES - None RESOLUTIONS RESOLUTION NO. 3965 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESCRIBING IMPROVEMENTS WITHIN LIGHTING MAINTENANCE DISTRICT AD 121 FOR THE FISCAL YEAR 1981-82 AND ORDERING THE CITY TRAFFIC ENGINEER TO PREPARE AND FILE A REPORT The Resolution was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Quinn to waive further reading and to adopt Resolution No. 3965. The vote was unanimous. Mr. Eccleston gave a report on Lighting Maintenance District AD 121 for the Fiscal Year 1981-82 and cited the estimated costs involved. A copy of his report is on file in the office of the City Clerk. RESOLUTION NO. 3966 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE ENGINEER'S REPORT FOR ASSESSMENTS WITHIN LIGHTING MAINTENANCE DISTRICT AD 121 FOR THE FISCAL YEAR 1981-82 The Resolution was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Jackman to waive further reading and to adopt Resolution No. 3966. The vote was unanimous. RESOLUTION NO. 3967 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LIGHTING MAINTENANCE DISTRICT AD 121 FOR THE FISCAL YEAR 1981-82 The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Swearingen to waive further reading and to adopt Resolution No. 3967. The vote was unanimous. (Sets the hearing for June 8, 1981.) CASH CONTRACTS It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to award a unit price contract totaling $116,539.50 to Sully Miller Contracting Co., Inc., for construction of street improvements under S.S. Project #336, Brookshire Avenue - Alameda Street to Stewart & Gray Road; Stewart & Gray Road - Brookshire Avenue to Patton Road; Woodruff Avenue - Firesto: Boulevard to SPRR; Albia Street - Brookshire Avenue to Westerly Cul-de-Sac (Accou #26-16204, 26-16205, 26-16228 & 21-13971). MISCELLANEOUS ACTIONS Appeal, Plot Plan #371, 13134 Verdura Avenue It was noted the applicant's request will require a Zone Variance, and a case has been filed before the Planning Commission. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and so ordered to table the Appeal to Plot Plan #371. Water Rates for Fiscal Year 1981-82 It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to set a differential of cost increase, according to the formula, between the water systems in order to eventually have uniform rates throughout the entire City. Manzanar Avenue North of Gallatin Road - Drainage Problems It was moved by Councilman Cormack and seconded by Councilman Swearingen to approve cutting the roots only and repair the curbs and gutters as needed. (See motion and second withdrawn on Page 5.) Mr. Henriksen mentioned he has been informed that if only the roots are cut on the large ash trees the problem would reoccur in approximately two years Council Minutes 5/26/81 -4- because they are well grown trees. He pointed out there could be a certain degree of liability on the part of the City knowing the problem is there, and it would not be economical to make repairs and then have to do them again in two years. He questioned whether it would be feasible to cut the roots and leave the curb. Mayor Mackaig requested this be referred back to staff for a more detailed report. Councilman Jackman indicated he would not object to the ash trees being re- moved if they are going to be a continual problem every two years. The motion and second were withdrawn. This matter was referred back to staff for a more detailed report at the next meeting. A gentleman in the audience said the street has not been repaired for the past 25 years and weeds are growing all over the street. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to authorize the City Manager to cancel the lease agree- ment on Old Fire Station 01, 11435 South Downey Avenue,with the Southeast Council on Alcoholism & Drug Problems, Inc.; authorize termination of the billboard lease; authorize public sale; and authorize the Mayor to sign necessary documents to consummate the sale. Mayor Mackaig requested that the Cable Television Committee Recommendation be postponed until the next meeting. He indicated he has requested further informa- tion that will be pertinent to this issue. Councilman Jackman said the Committee has done an outstanding job of research and work and he concurs 100 percent with its findings and recommendation. He would like to see the Council move ahead and join the other cities in the consortium. Mayor Mackaig said although Councilmen Jackman and Swearingen have been in- volved with this, he and Councilmen Quinn and Cormack have not, and he would not consider voting at this time. Taken under submission to the June 8th meeting. Mayor Mackaig mentioned that when received, he will share the additional information with the City Council and the Committee. Appeal, Zone Variance #169, 10225 Old River School Road Mr. Goggin requested that staff also be instructed to advertise Conditional Use Permit #114, which is tied in with Zone Variance #169. The conditions of the Conditional Use Permit could be affected by the Council's decision on the Zone Variance. The hearing on Appeal to Zone Variance #169, 10225 Old River School Road, and Conditional Use Permit 4114, was set for 7:30 p.m., June 23, 1981, in the Council Chamber of the Downey City Hall. CITY MANAGER'S REPORT Mr. Morgan presented the City of Downey Annual Municipal Bud et for Fiscal Year 1981-82, which totals $27,617,476. The balanced Budget includes $17,241,411 Tor Operating Budget; $6,883,400 for Capital Improvements; and $3,492,665 for Enterprise and Special Programs. The recommended Budget represents an 8.2 percent increase over the current budget and includes a contingency fund for employee salary increases, but does not contain a reduction in services. A copy of the Budget is on file in the Library and City Clerk's Office, and it is requested the City Council set a hearing. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to set a hearing on the City of Downey Annual Municipal Budget for Fiscal Year 1981-82 for 7:30 p.m., June 8, 1981, in the Council Chamber of the Downey City Hall. STAFF REPORT - None ORAL COMMUNICATIONS - City Council Councilman Swearingen requested staff to check into the problems involving a Church on Pomering Road. Council Minutes 5/26/81 -5- G 9/� Mr. Goggin commented on removal of parking spaces in the lot made by a pre- vious church and installation of a chainlink fence. The Planning Commission said there should be a masonry wall and has given the church one year to pave the lot. There is more than enough parking for the present congregation of 20 members. Councilman Swearingen indicated he has information that someone is living on the property. Mr. Goggin stated staff will check it out, but there has not been any permis- sion for residing on the premises. Councilman Quinn mentioned the City of South Gate will be reconstructing the intersection of Atlantic and Firestone. He suggested staff might want to check on this in order to coordinate the traffic flow. Councilman Cormack cited waist -high weeds in the parkway on the northwest corner of Stewart & Gray and Lakewood. Referred to staff. Mayor Mackaig proposed changing the City's entrance signs from "Home of the Apollo" to "Home of the Space Shuttle." A the suggestion of Councilman Jackman, staff was requested to bring back a a report on the feasibility and cost of changing the entrance signs or adding "and the Space Shuttle" to the present signs. Also, staff will check to see if Rockwell might be willing to participate in the cost. Mayor Mackaig commented on receipt of a letter from the City of South Gate concerning its Resolution requesting Caltrans to cease acquiring property within the I-105 Century Freeway Corridor or contacting prospective sellers until funding for the Freeway is committed and it appears the Freeway will be constructed. Councilman Jackman stated his opposition and mentioned he feels it would be a hardship on people living in the corridor who might want to sell. Councilmen Swearingen and Quinn concurred with Councilman Jackman. Councilman Cormack said the real problem for people in the corridor is the blight around them. 'He feels pressure could be placed on the State to get rid of that blight. Discussion followed. There was no action. Mayor Mackaig acknowledged receipt of correspondence from the City of Commerce encouraging support for ratification of the Peripheral Canal Referendum. The Council concurred that a Resolution be prepared for the next meeting and after adoption sent to Senator Campbell and Assemblyman Young. Mayor Mackaig then commented on a request of Southern California Edison Company for support of Licensing the San Onofre Nuclear Plant Units II and III. The Council concurred. Referred to staff for preparation of a Resolution. Mayor Mackaig cited receipt of a Resolution from the City of Pasadena support- ing Continuation of the Long Beach Freeway from the Pomona Freeway to the 210 Freeway. Referred to staff for preparation of a Resolution. ORAL COMMUNICATIONS - Audience: None There being no further business to come before the City Council, the meeting was adjourned at 9:22 p.m. to 7:30 p.m., June 8, 1981, in the Council Chamber of the Downey City Hall. c -- Robert L. Shand, City Clerk -Treasurer Milton R. Mackaig, may F Council Minutes 5/26/81 -6-