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HomeMy WebLinkAboutMinutes-02-28-84-Adjourned Regular Meeting73 �y I'm a • .I • IN I • N 1 5 • - mow - r is 3 ME 5 a JOINT MEETING WITH PLANNING COKX1ISSICN The City Council of the City of Downey held an adjourned regular meeting at 5:00 p.m., February 28, 1984, in the Green Room of the Downey Theatre, Mayor Robert G. Cormack presiding. Council Members: Robert Gv Cormack Ted H. Jackman Randall R. Barb Bob Davila James T. Quinn Mayor Mayor Pro Tem Planning Comxassi.oners: Robert Brazelton Barbara Hayden Frank Beckner Bob Verderber Joseph Sarabia Chairman Vice —Chairman ALSO PRESENT: Bud Ovrom, City Manager Carl K. Newton, City Attorney James R. Cutts, Director of Conmunity Develog ent Francis E. Carter, City Planner Ronald Yoshiki, Assistant City Planner Franklin DeGroot, Principal Planner Robert L. Shand, City Clerk -Treasurer Review of the Sign Ordinance Mr. Ovrom explained that following review, there will be work shops established concerning various areas of the City. He complimented the input and cooperation of the merchants groups and said staff has worked with representatives of the ==- nity regarding their concerns as they pertain to the Sign Ordinance. Speaking to the changes proposed, Mr. Ovrom explained they are, in many cases, more for clarification than a change in substance. Mr. Ovrom commented on the recommendation to expand the role of the Design Review Board, and it is recommended the membership of the Board be given the responsibility of working with staff and the merchants to provide input in "judgment calls." A retailer position would be added to the Board to sit in when the Board acts as the "Sign Review Board." Mr. Ovrom discussed the time spent determining a reasonable ratio of signing and said other cities were contacted regarding their requirenents. He narrated a slide presentation of existing store front signs, including window and wall signs. He said the Sign Committee recomends the basic ratio be increased to 2.25 to 1, provided no more than 1.50 to 1 be used in the primary wall sign. A discussion was held regarding monument signs. It is recomnended a monument sign be permitted so long as there is sufficient setback to acconmodate the sign. Mr. Ovrom commented regarding the current Ordinance, which he said either prohibits or severely limits any sign on the rear of a building. Staff has re- viewed this to allow signing for identification. Mr. Ovrom said the merchants have complained about the inequities pertaining to roof signs. He noted a new and more restrictive requirement is proposed to eliminate roof signs in the C-3 zone. This, he said, would establish a new amortization schedule. A new State law has been passed that if a city changes the Sign Ordinance and causes a business to get rid of its sign, then the city would have to pay for it under certain circumstances. Mr. Newton explained that the new law, SB 142, provides that any prohibition on signs, which is more restrictive than the prohibition in the presently existing Council Minutes 2/28/84 (adj.) -1- 9�, ordinance will require compensation. There is one exception which applies to the situation where the new prohibition is an extension of an existing prohibition and is extended throughout the City, then it is not subject to the ccnpensation require- ment, provided the amortization provision is not more restrictive than the amortization period provided for in the initial ordinance. Mr. Ovrnm referred to the concerns expressed regarding signs for multi -tenant centers, as well as the inequities between signing permitted for automobile dealers and other commercial businesses. It is staff's intent to have a meeting with the automobile dealerships. It has been proposed there can be minor deviations to the Sign Codes up to five percent. Anything over five percent would go to the Design Review Board. Mr. Ovrnm said the issue of freeway signs has not been highlighted because there are very few areas that qualify for freeway signs. The existing Ordinance indicates signs should not be oriented toward the freeway. However, today, the feeling is that freeways are one of the most valuable assets a City has. A provi- sion has been placed in the proposed revisions to deal with this. There are no proposed changes relating to pole signs. An unannounced female speaker complimented staff and the ad hoc committee for its review of the Sign Ordinance. She commented regarding enforcement of the sign laws and requested this be re-examined. Mr. Ovrom said staff will be looking at the budget and the possibility of an additional Code Enforcement Officer, not only to enforce signs but property maintenance as well. Chairman Brazelton would like to see a comparison of other cities. When asked about the possibility of enforcing the balance of the Sign Ordinance not affected by the proposed changes, Mr. Newton replied it would be difficult to enforce the Ordinance because the changes may not be what was suggested in the pre- liminary recommmendations. It would be difficult to identify precisely the areas that will be changed. Councilman Jackman feels the Ordinance should be enforced until it is known what the changes will be. He also hopes there will be enough merchants who will volunteer and be involved with the proposed revisions and the new ordinance be written in a way people will understand. The meting was adjourned at 6:23 p.m. .Robert L. Shand, City Clerk -Treasurer ert ck, Mayor Council Minutes 2/28/84 (adj.) -2- �•n` d TaL � ��ia • i �� OF THE CITY OF D• i EBRP a 28, 1984 TABLE OF MINUT F� Presentation of Kristeen Waldorf, State Hoop Shoot Finalist ACTIONS ACTION PAGE NO- 1 Ord. amending Zoning Map (Zone Change Case #208) (8902 Stewart & Gray Rd.) Introduced 1 Res. #4364, Ord. Annex. into Ltg. Maint. Dist. AD 121 (Annex. 84/01, Eglise Av.) Adopted 2 Resmval of Items from Consent Calendar 2 Minutes: Adj. Reg. Mtg., February 2, 1984, & Reg. Mtg., February 14, 1984 Approved 2 General Warrants: #211660 - 211708 #315850 - 316119 Approved 2 Conmunity Access Citizens Adv. Comm.: Apptmt. of Janes Karsjens Approved 2 Minutes, Adj. Reg. Mtg., February 7, 1984 Approved as presented 2 Lyell Swearingen re Rotary Club proposal to designate atrium at new City Hall as City Recogition Garden 2 Mike Manicone re proposed location of new DcFtmey Municipal Court near Civic Center 3 Joseph DiIoreto re location for new Downey Municipal Court - favors Rancho property 3 Kenton E. Krogstad opposed to new Downey Courthouse in Civic Center 3 Ord. #748, amending Dir- re Publication Vending Machines Adopted 3 Senior Citizen Housing Proj. on NE Corner Continued per request of Dolan Av. & Iowa St. developer 3 CC #515, Paramount Bl. - Sidewalk & Wheelchair Ramp Prcj.: Auth. inst. of 30 addl. ramps & 2 segments of sidewalks (4th St./Irwingrove Dr.) as addl. work & auth. expenditure from surplus SB 821 Funds & use balance of reserve for Civic Center sidewalk improvements Approved 4 CC #485, Civic Center Const. - Change Order #19, Time Ext.: Approve rain days, strike days, and days or architectural delays, for a total of 186.1 days (to April 15, 1984) and reject claim for administrative compensation of $29,128.10 Approved 4 Downey Municipal Court - Status Report Staff to submit further report following meeting with County staff 4 Civic Center Construction - Additional work for Courtyard Drainage: Auth. City Manager to issue "Notice to Proceed" to contractor as shown on Drawing #FD-10 at price not to exceed $15,500; Council reserves right to evaluate cost & its assignment of responsibility at later date Approved 5 Page 1 of 2 COUNCIL MINUTES, FEBRUARY 28, 1984 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION City Attorney opinion letter re Resolution concerning operation of Downey Comm. Hosp.: Release to public & waive attorney -client priviledge Approved Bullet Train Paul Sarvis re proposed location of Downey Municipal Court in Downey Civic Center Closed session re personnel 5 Set for March 13th Council Agenda 5 City Clerk: Evaluate performance & recommend he receive longevity for 20 years service & grant adjustment to top of salary range Approved 5 5 5 Page 2 of 2 7,5 V MINUTES OF THE CITY COUNCIL OF THE CITY OF DCWNEY FEBRUARY 28, 1984 The City Council of tiie City of Downey held a regular meeting at 7:30 p.m., February 28, 1984, in the Council Chamber of the Downey City Hall, Mayor Robert G. Cormack presiding. PRESENT: Council Members: Robert G. Cormack Mayor Ted H. Jackman Mayor Pro Tem Randall R. Barb Bob Davila James T. Quinn ALSO PRESENT: Bud Ovram, City Manager Carl K. Newton, City Attorney William A. Ralph, Director of Public Works James R. Cutts, Director of Community Developrrent Lee Powell, Director of Administrative Services William F. Martin, Police Chief Don Davis, Fire Chief James R. Jarrett, Acting Director of Co nu pity Services Harald J. Henriksen, City Engineer Scot Yotsuya, Assistant to the City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend James Piper, Downey Maorial Christian Church. The Flag Salute was led by Councilman Quinn. PRESENTATIONS Mr. Henry Oberndorf, 9731 East Imperial Highway, Youth Activity Chairman for Downey Llks Lodge 2020, presented nine year old Kristeen Waldorf, State Hoop Shoot Finalist, from the City of Downey, who will be competing next Saturday against the Northern California finalist for the State Championship. DiE=GS Mayor Cormack opened tine nearing on Zone Change Case No. 208, 8902 Stewart and Gray Road. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was roved by Councilman Jackman, seconded by Councilman Quinn, and so ordered to receive and file the Proof. Mr. Cutts reported on the request to change the zone from R1-5000 to R-3 (Medium Density, Multiple Family Residential). The property is presently developed with a one-story single family dwelling, and it is the property owner's desire to add a two-story duplex structure at the rear of the lot. Mayor Cormack inquired if there was anyone present to speak in favor of the Zone Change. Mr. Dave Robison, representing the architectural firm of William David King Associates in Downey, feels with proper design, single family can be brought in to the multiple family areas. Mr. Shand said there has been no correspondence received on this matter. 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 Quinn, and so ordered to close the hearing. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DCWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF THE D=W MY MUNICIPAL CODE (PLANNING RESOLUTION NO. 728, ZONE CH2kiGE CASE NO. 208) Council Minutes 2/28/84 -1- q 5�� The Ordinance was read by title only. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by unanimous vote to waive further read- ing and to introduce. Mayor Cormack opened the hearing on Lighting District Annexation 84/01, Eglise Avenue between Florence Avenue and Via Amorita. 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 Quinn, and so ordered to receive and file the Affidavit and Proof. Mayor Cormack 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 Quinn, seconded by Councilman Barb, and so ordered to close the hearing. RESOLUTION NO. 4364 A EESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNY ORDERING A NE,XATION OF A CERTAIN AREA INTO LIGHTING 1v1AINTFIJANCE DISTRICT A.D. 121 AND TO MAINTAIN AND FURNISH ELEC'i'EICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THOSE AREAS (ANJEXATIU\T 84/01 - EGI SE AVENUE) The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to waive further read- ing and to adopt. REMOVAL OF ITEMS FROM CONS= CALENDAR Agenda Item VIII-A, Minutes of Adjourned Regular Meeting of February 7, 1984, was removed from the Consent Calendar. CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Adjourned Regular Meeting of February 2, 1984; and Regular Meeting of February 14, 1984. General Warrants: #211660 - 211708; #315850 - 316119: $1,443,090.65. Community Access Citizens Advisory Committee: Appointment of James Karsjens. AYES: 5 Council Members: Jackman, Barb, Davila, Quinn, Cormack It was moved by Councilman Davila to approve the Minutes of the Adjourned Fegular Meeting of February 7, 1984, with the correction of his vote shown as "Absent" rather than "Abstain." (See later action.) Mr. Newton explained he is not aware of any procedure that provides for a Council Member absenting his vote. A Council Member can either vote affirmatively, negatively, or abstaining. If Councilman Davila was present at the time of record- ing the vote, it would be appropriate to abstain. Councilman Davila said "abstain" has been ruled as a "yes" vote. Mr. Newton replied that has been only under circumstances where the abstention must be counted in order to make a majority. If it is needed, an abstention is a consent to the majority taking the action proposed. It was then moved by Councilman Davila, seconded by Councilman Quinn, and passed by unanimous vote to approve the Minutes of the Adjourned Regular Meeting of February 7, 1984, as presented. ORAL COMIvNNICATIONS - Items not on Agenda Mr. Lyell W. Swearingen, 9315 Lubec, expressed the Rotary Club's proposal that the atrium at the new City Hall be designated as the City of Downev Recognition Garden to recognize people who have made outstanding contributions to the community. Council Minutes 2/28/84 -2- 23b In addition, the Emtary Club would like to contribute toward the purchase of trophy cases to be mounted along the inside entryways to the complex near the inside garden where any organization could purchase specific plaques to be placed within the trophy cases, naming the people they chose to recognize, or a book containing names of volunteers can be placed with the City's receptionist and be available on request. He requested the Council give consideration on how to proceed on this matter. Mr. Mike Manicone, 10400 Gaybrook, spoke regarding the proposed location of the new Downey Municipal Court near the Civic Center. He raised questions concern- ing the proposed purchase price for land acquisition; relocation costs; who will be responsible for the costs of City staff time to be provided per the agreement; and who will make up the difference between the proposed costs and the amount to be received from AB 2425. Mr. Manicone also commented on the penalty assessment proposed to be assessed through penalties levied by the Court. Noting the proposed location of the Courthouse is across the street from the Baptist Church and one block from Downey High School, he does not feel this is an ideal location for such a facility. Mr. Ovrom explained the price is not firm —an appraisal has been prepared on the property, and preliminary discussions have been held with all the property owners. He is not in a position to reveal the details of the discussions. Mr. Joseph DiLoreto, 9266 Otto Street, indicated he is convinced the only location for the new Downey Municipal Court is on the Rancho property. He said it would be a severe, long lasting mistake for the City Council to undertake the financial burden if the Courthouse should be placed in the downtown Civic Center because as soon as the Courthouse is built it will be obsolete; the parking will be inadequate; the ability of the Courthouse to be flexible will be inflexible — it will not have the ability to grow as it probably will grow. The penalty assessment is now 70 percent, and with the new City levy it will be 85 percent. Mr. DiLoreto thinks many people in the City are opposed to the Civic Center location because of the tremendous financial impact it will have on the City for a long period of time. Mr. Kenton E. Krogstad, 10407 South Julius Avenue, spoke in opposition to the proposed location of the new Downey Courthouse in the Civic Center. He said it would take property off the tax rolls. Also, people cannot afford the inflated fines and yet 15 percent would be added to finance the project. ORDrNNiCES ORDINANCE NO. 748 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DON NEY AMENDING SECTION 6399.6 OF THE DOWNEY MUNICIPAL CODE RELATING TO PUBLICATION VENDING MACHINES The Ordinance was read by title only. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to waive further reading and to adopt. Councilman Davila mentioned he was informed there is a State law prohibiting the display of lewd material in newsracks, and he feels the City is exposing itself to a big expense and law fees, which it is already overburdened with. He does not feel any new laws should be added if they are not needed, and he cannot see the need for passing this Ordinance. Mr. Newton explained the Ordinance amends the present wording of Section 6599.6 of the Downey Municipal Code, and the present wording has been the subject of litigations, which has resulted in judgments against cities. That, he said, is the reason for the recommended amendment. The wording in the proposed ordi- nance has also been the subject of litigation; however, it has been sustained in favor of public agencies. Mr. Newton believes the City would be less exposed to litigation by reason of adopting this amendment. AYES: 4 Council Members: Jackman, Barb, Quinn, Cormack NOES: 1 Council Member: Davila RESOLUTIONS: None At the written request of the developer, the Senior Citizen on the northeast corner of Dolan Avenue and Iowa Street was coast Council Minutes 2/28/84 -3- -1 0 It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by the following vote to authorize installation of 30 additional ramps and two segments of sidewalks (Fourth Street/Iraingrove Drive) as additional work under Cash Contract #515, Paramount Boulevard - Sidewalk and Wheelchair Ramp Project; and authorize the expenditure of $10,000 from surplus S. B. 821 Funds for the work, and use the balance of the reserve for Civic Center sidewalk improvements. Susie Villa Kelly, 12522 Paramount Boulevard, expressed her gratitude to the Council for installation of the wheelchair ramps. AYES: 5 Council Members: Jackman, Barb, Davila, Quinn, Cormack Cash Contract #483, Civic Center Construction - Change Order No. 19, Time Extension Mr. Ralph commented on staff's review of the requests presented by the con- tractor through the architect with regard to the rain delays, and based on calculations, staff has reached a total of 192.1 days, which would bring the time to April 21, 1984. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by the following vote to approve 47.0 rain days, 71 days of strikes, and 74.1 days or architectural delays, which is calculated from 122.1 days (modified from contractor's claim of 119.1 days) minus 18 days (already approved by change orders) and minus 36 days (50% of contractor's claim of 60 days as recommmended by the architect) for tenant improvements, the total being 186.1 days (to April 15, 1984), and reject his claim for administrative compensation of $29,138.10. Mayor Cormack said he was in the area three times yesterday and did not see any workers on the site. Mr. Loren Brucker of J. A. Stewart Construction, the contractor, replied yesterday there were approximately 40 people working on the project. During discussion, Mayor Cormack said he wants City staff to be on the Civic Center site several times a day to see that the work is progressing. Pair. Brucker explained the City Engineer comes over approximately twice a day, and a daily report is submitted to the City Engineer every day concerning the — number of people on the job and the area in which they are working. Information has been provided to the City on an ongoing basis. Mr. Frank Beckner, 8540 Byers, said the plasterers were on the job at 9:00 a.m. this morning, and they were on the job yesterday. AYES: 5 Council Members: Jackman, Barb, Davila, Quinn, Cormack Mr. Ovrom said a status report on the Downey Municipal Court was submitted to the Council earlier this week. Staff will be meeting with County staff this Thursday, and he will submit another report following that meeting. Councilman Quinn inquired who will pay the $350,000 a year if AB 2425 funds cannot be collected. Mr. Ovrom replied mender the proposed draft agreement between the City and the AB 2425 money could continue to be received until it was paid off. I£ there were shortfalls in some years, the assessments would stay on longer; or in some years, if there was too much money received, there would an an accumulated re- serve, which could also be used to pay for the shortfalls. Both the Pobbin's Bill and the Young Bill provide for $1.50 penalty assessment for 20 years or as long as there is indebtedness. (The City's would be drafted for 30 years.) Mr. Palph reported on an additional work order to the Civic Center Construc- tion for Courtyard Drai.na e. He said the original plan submitted by the architect was unworkable and incopiete, and a modified plan was developed with staff's assistance and approval. Also, this will utilize the storm drains being installed by the offsite contractor. The additional work has been negotiated with the contractor in the amount of $15,500, which staff feels is reasonable. Staff is asking for a notice to proceed, with the City reserving the right to evaluate the costs and assign its responsibility at a later date. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to authorize the City Manager to issue a "Notice to Proceed" to Council Minutes 2/28/84 -4- J. A. Stewart Construction for installation of the Courtyard Drainage System, as shown on Drawing No. FD-10, at a price not to exceed $15,500. The City Council reserves the right to evaluate the cost and its assignment of responsibility at a later date. ORAL CMWICATIONS - City Council Councilman Jackman said he has reviewed the opinion of the City Attorney with regard to validity of the Resolution concerning operation of the Downey Commity Hospital, and that while the letter was submitted as attorney -client priviledged information, he sees nothing that would be objectionable to releasing the letter to the public. It was moved by Councilman Jackman, seconded by Councilman Davila, and passed by the following vote to release the City Attorney opinion letter to the public and waive the attorney -client priviledge. Mr. Newton was asked if there would be any problem with releasing the letter, and he replied no. AYES: 5 Council Members: Jackman, Barb, Davila, Quinn, Cormack A discussion was held regarding setting a date for the Bullet Train issue. It was mentioned Assemblyman Young preferred to have it on March 27th but that the Council had previously indicated it would be on March 13th. It was moved by Councilman Jackman to set the date for March 13th. Myrtle Risley, 7938 Phlox Street, said people are already aware of Assemblyman Young's position, and they would like to hear what American High Speed Rail intends to do. The Bullet Train will be on the March 13th Council Agenda. ORAL COMMUNICATIONS - Audience Paul Sarvis, 13603 Barlin, referred to proposed location of the Downey Munici- pal Court in the Downey Civic Center and raised questions concerning the financing. CLOSED SESSION The meeting was recessed to closed session from 8:52 p.m. to 9:14 p.m. to discuss personnel matters. The meeting resumed with all Council Members present. MISCELLANEOUS ACTION It was moved by Councilman Jackman, seconded by Councilman Davila, and passed by unanimous vote that the Council has evaluated the performance of the City Clerk and it is recommended he receive his longevity for 20 years service to the City and also to grant an adjustment to the top of his salary range. ADJOURZ=: 9:16 p.m. Council Minutes 2/28/84 -5-