HomeMy WebLinkAboutMinutes-11-14-78-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
NOVEMBER 14, 1978
T A B L E O F M I N U T E A C T I.0 N S
SUBJECT: ACTION:
Ordinance amending Zoning Map adopted by Sec.
9106.06 DMC (Zone Change Case #136) Introduced
Appeal, Lot Split #709, 10913 LaReina Ave. Submission to 11/28/78
Minutes: Special Mtg. May 15, 1978; Adjourned
Mtgs. June 2, 1978, June 12, 1978, June 16, 1978;
Regular Mtg. October 24, 1978 Approved
Correspondence from City of Riverbank re Resol.
opposing lack of State's concern for impact of
State -mandated costs Filed
Correspondence from SE Council on Alcoholism &
Drug Problems, Inc., exercising option to renew
lease on. Downey Ave. property Filed
Correspondence from City of Cerritos re Support
of SE Mosquito Abatement Dist. Filed
Denial of Legal Claim: Ref. #398 Approved
General Warrants: #170861 - 171501
#205160 - 205227 Approved
DPC #110, Sewer Const. in easement for 9570
Gallatin Rd. N/o Raviller Dr.: Accept dedicatn.
& improvements Approved
DPC #115, Sewer Const. in easement E/o Rives
Ave. 300' N/o Stewart & Gray Rd.: Accept
dedication & improvements Approved
FAU Projects, with exception of #5 to be
substituted by alt. proj. #1, pedestrian
overcrossing, Santa Ana Fwy. at Manzanar Approved
Building & Safety - Personnel & Budget Adjustmts.:
Raise Manning Table by two, when needed Approved
Rent increase limitations for Rehabilitation
Assistance Participants Approved
PAGE NO.
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2
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2
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3
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Petition req. Rent Rollback for Downey Tenants Not presented 5
Ordinance adopting by reference 1976 Uniform
Building Code
introduced
5
Ordinance adopting by reference the 1976
Uniform Housing Code
Introduced
5
Ordinance adopting by reference the 1976
Uniform Plumbing Code
Introduced
6
Ordinance adopting by reference the 1976
Uniform Mechanical Code
Introduced
6
Ordinance adopting by reference the 1976
Dangerous Buildings Code
Introduced
6
Ordinance re Building & Property Rehabilitation
Introduced
6
Hearing on Ordinances re 1976 Uniform Bldg.
Code, Uniform Housing Code, Uniform Plumbing
Code, Uniform Mechanical Code, Dangerous Bldgs.-
Code, & Bldg. & Property Rehabilitation
Set for 12/12/78
6
Page 1 of 3
COUNCIL MINUTES, NOVEMBER 14, 1978
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT: ACTION: PAGE NO.
Ordinance #563, Adding Sec. 3145.1 DMC re
Permits for Parades Adopted 6
Ordinance #564, Amending Zoning Map adopted by
Sec. 9106.06 DMC (Zone Change Case #132) Adopted 7
Resolution #3607, Proposing to Annex Area into
Lighting Maint. Dist. AD 121 & Ordering City
Engineer to prepare & file report (Annex. 78/24
Donovan St.) Adopted 7
Resolution #3608, Apprvg. City Engineer's Rpt.
for Addo. to Ltg. Maint. Dist. Annex. 78/24 Adopted 7
Resolution #3609, Decl. Intention to Annex
into Ltg. Maint. Dist. AD 121 (Annex. 78/24) Adopted 7
Resolution #3610, Apprvg. Program Suppl. #3 of
Downey/State Agmt. #07-5334 for const. of
roadway pavement on Pomering Rd., Wiley -Burke
Ave. & Quoit St. Adopted 8
CC #426, Pomering Rd., Wiley -Burke Ave., &
Orizaba at Quoit: Plans, specs & authority to
advertise (A/C #26-16196) Approved 8
Resolution #3611, Finding portions of Telegraph
Rd. R/W Wly. of Nely. Line of LA Flood Control
Channel & Sly. of R/W line no longer needed &
auth. disposition of easement Adopted 8
Resolution #3612 Req. Funding by Board of
Supervisors for Cerritos Corridor Juvenile
Diversion Project Adopted 8
SS Prof. #322 (FAU), Imperial & Paramount:
Plans, specs & auth. to advertise (A/C #26-16184) Approved 8
SS Proj. #291, Unit II, Woodruff Ave. N/o
Firestone: Accept imprvmts. (A/C #26-16151) Approved 9
CC #SS-334, Stewart & Gray Rd.: Award to Calex
Engineering & Paving (A/C #26-16201) Approved 9
Sale Well Sites 1B & 1C - L.S. #710 as 2 lots:
Approp. for street imprvmts. & parcel map Approved 9
Bid for sale of Well Site 8A, excess property,
11727 Corrigan Ave. Accepted 9
Zone Chg. Case #135, SW corner Dalen & Lakewood Hearing set for 11/28/78
Rancho Santa Gertrudes Mutual Corp:: Offer of
sale for water rights & connect to Downey system Approved
Agmt. w,/Paramount Cnty. Water Dist. for acquis.
of 93 connections within Downey Approved
UUD #6, Firestone B1. bet. Brookshire & Woodruff:
Receive written report by City Engr. re costs
to provide underground electrical & telephone Approved
UUD #6, Firestone B1. bet. Brookshire & Woodruff Hearing set for 11/28/78
Appeal, Lot split #706, Zone Variance #42,
9732 Brookshire Ave.
Christmas Parade Permit Appl. for 12/3/78
Downey Chamber of Commerce Quarterly Report for
July 1 - September 30, 1978
Hearing set for 11/28/78
Approved
Received & filed
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2 of 3
COUNCIL MINUTES, NOVEMBER 14, 1978
TABLE OF MINUTE ACTIONS (CONTINUED).
SUBJECT:
ACTION:
PAGE NO.
Public Works Projects financed by HCD Funds
Submission
for further info.
10
Report re list of complaints concerning rent
increases
Information
only
10
Report on status of Community & Neighborhood
Enhancement Program
Information
only
10
Discussion re Coordinating Council
10
Reorganization of Sister City Program
Councilmen
to appoint members
10
Executive session re pending litigation
10
Settlement to Margene Glenn
Authorized
10
3 of 3
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
NOVEMBER 14, 1978
The City Council of the City of Downey held a regular meeting at 7.41 p.m.,
November 14, 1978, in the Council Chamber of the Downey City Hall, Mayor William L.
Greene presiding.
PRESENT. Council Members.
Theodore H. Jackman
Milton R. Mackaig
Lyell W. Swearingen
William L, Greene Mayor
ABSENT. Kenneth J. Miller Mayor Pro Tem (excused)
ALSO PRESENT. Charles W. Thompson, City Manager
Royal M. Sorensen, City Attorney
Ervin Spindel, Director of Community Development
John T. Neavill, Director of Parks & Recreation
William F. Martin, Police Chief
Don Davis, Fire Chief
Ronald Leege, Acting Director of Finance
William A. Goggin, City Planner
Howard Stup, Building Official
Harald J. Henriksen, City Engineer
Thomas Tincher, Housing & Human Services Coordinator
John H. Saunders, Assistant to City Manager
Robert L. Shand, City Clerk -Treasurer
Judy McDonnell, Executive Secretary
The Invocation was delivered by Reverend William Root, Grace Community Church.
The Flag Salute was led by Councilman Mackaig.
Mr. Edmonds of Scout Troup 813 introduced the scouts present in the audience.
HEARINGS
Mayor Greene declared that this is the time and place for the public hearing on
Zone Change Case No. 136, 10913 LaReina Avenue. He inquired if the City Clerk had
the Affidavit of Publication, to which the City Clerk responded in the affirmative.
It was moved by Councilman Jackman, seconded by Councilman Swearingen, and so
ordered to receive and file the Affidavit.
Mr. Goggin reported on the proposed zone change from C-3 to R-3, which was
approved by the Planning Commission.
Mayor Greene inquired if the City Clerk had received any written correspondence
on this matter, and the City Clerk replied he had not.
Mayor Greene then inquired if there was anyone present who wished to speak in
favor or in opposition to the Zone Change, and there was no response.
It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed
by the following vote to close the hearing.
AYES. 4 Council Members. Jackman, Mackaig, Swearingen, Greene
ABSENT. 1 Council Member. Miller
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 (PLANNING RESOLUTION NO. 223,
ZONE CHANGE CASE NO. 136)
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 Jackman, seconded by Councilman Swearingen, and
passed by the following vote to introduce the Ordinance.
AYES. 4 Council Members. Jackman, Mackaig, Swearingen, Greene
ABSENT; I Council Member. Miller
Council Minutes 11/14/78 -1-
A��ea.l ,flit No, 709, 10913 LaReina Avenue
Mr, Coggin stated the appeal concerns a requirement to install covered parking
structures for approximately 15 parking spaces. He mentioned the Zoning Ordinance
requires all parking stalls be covered, and to bring this property up to Code would
require 32 parking stalls. In this case, there is not enough land to accommodate 32
stalls and, therefore, it was recommended the remaining open space be used to pro-
vide covered parking for 15 stalls,
Mr. 151chard M. Jennings,. 7435 Stewart & Gray Road, representing the -property -
owners, indicated the requirement for the carports is not practical because of the
age of the existing structure. He pointed out that the present units are occupied
entirely by senior citizens, and if anything is done to increase the cost to the
property, the rent would have to be raised. He said there are fewer cars in this
area as the sensor citizens become older and drive less, Mr. Jennings commented the
property owners have agreed to comply with the other conditions of the Lot Split,
He requested the Council to help the owners of this property hold the line on rento
Mr, John Hammond, 8321 East Third Street, one of the property owners, said com-
plying with the requirement for covered parking stalls would be a financial impositiono
Mr. Jennings said Mr. Hammond would be willing to enter into a covenant with the
City, staging he would rent only to senior citizens.
Mr. Sorensen indicated a covenant could be entered into and recorded; however,
he would question enforcement of such a provision°
it was moved by Councilman Mackaig to grant Lot Split 709, with one of the
conditions to be a covenant recorded by the owners of the land, that at such time as
they cease! renting 50 percent of the units to senior citizens (people over 65), then
they would be obligated to install the covered parking areas required by Condition
No, 5, and in the event the owners fail to do so, the right to use the premises
would cease so long as the present structures remain on the property. The motion
died for lack of a second.
It was moved by Councilman Swearingen to approve the Appeal on Lot Split 709.
The motion died for lack of a second.
It was moved by Councilman Jackman and seconded by Mayor Greene to deny the
Appeal,
Mro Jennings said the owners would not be adverse to entering into a covenant,
which states that if and when the existing property is no longer used as a residence
under its present conditions and at the time of sale, the parking units will be
constructed.
AYES. 2 Council Members. Jackman, Greene
NOES. 2 Council Members. Mackaig, Swearingen
ABSENT. 1 Council Member. Miller
Motion failedo
The Appeal was taken under submission, and it was so ordered to have the Appeal
placed on the Council Agenda for November 28, 1978,
CONSENT CALENDAR
It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed
by the following vote to approve the Consent Calendar.
s. speciai meeting
June 12, 1978, June
Correspondence from City of Riverbank regarding Resolution opposing lack of
State°s concern for impact of State -mandated costs,
Correspondence from Southeast Council on Alcoholism and Drug Problems, Inc,,
exercising option to renew Lease on property at former Fire Station #1, Downey
Avenue.
Correspondence from City of Cerritos regarding Support of Southeast Mosquito
Abatement District.
Denial of Legal Claim. Ref, #398, Myrtle Siler,
General Warrants. #170861 - 171501; #205160 - 205227: $1,650,991.48.
Council Minutes 11/14/78 -2-
®6195
Downey Private Contract 4110, Sewer Construction in an easement for 9570
Gallatin Road north of Raviller Drives Accept dedication and improvements
completed,
Downey Private Contract #115, Sewer Construction in an easement east of Rives
Avenue 300 feet north of Stewart & Gray Roads Accept dedication and improve-
ments completed.
AYES. 4 Council Members, Jackman, Mackaig, Swearingen, Greene
ABSENT. 1 Council Members Miller
Mr. Spindel stated a list of FAU Projects was previously submitted to the
Council for consideration, and since that time staff has had a meeting with property
owners north of the Santa Ana Freeway to consider possible closure of the Manzanar
tunnel, He commented on the FAU projects presently submitted and noted that on some
of the projects the plans and specifications are now under way. Also submitted is a
group of alternate projects, the first of which is a pedestrian overcrossing at the
Santa Ana Freeway and Manzanar. This would require a commitment of $166,000 of the
City°s FAU Funds, and the City would also have to provide $34,000, either from Gas
Tax Funds or some other source, to make up the difference for the $200,000 matching
amount, The State has agreed to pay half of the Manzanar project. Mr. Spindel also
commented on the other alternate projects submitted and said the FAU projects must
be submitted by December 15th>
A discussion was held regarding the increased costs for construction on project
No, 1, PCC paving on Imperial Highway, etc., and the possible increase in the esti-
mated cost: for the Manzanar overpass if the project is approved,
Mr. Spindel said if the construction on the overpass occurs two or three years
from now the costs may be higher. He said if the overpass is approved, the City and
State would sign an agreement containing a clause that if the actual price is a
certain percentage over the estimate, the City would have the option to either pay
the extra money or back out,
Chief: Martin advised there is only one recorded crime report for a crime
committed in the Manzanar tunnel,
Mrs, Betty Kenley, 9028 Manzanar Avenue, discussed the numerous problems con-
stantly occurring in and around the Manzanar tunnel over the years and of the
dangers to residents and their children who use the tunnel. She noted there is also
a danger to the vehicles on the Freeway, Mrs, Kenley offered to dedicate some of
her property's right-of-way for building the overpass,
Chief. Martin stated from a Police point of view, a tunnel is dangerous, but an
overpass is also dangerous,
Mr, John, Flores,8327 Cherokee, stated his mother lives at 9048 Stoakes Avenue,
and it is his understanding the ramp for the overpass will be in her front yard,
Mr. Spindel said that was considered as one concept of the overpass; however,
staff is looking at other locations, and it is doubtful the ramp at Stoakes would be
selected,
Mro Joe Glenn, residing on Birchleaf Avenue, commented on the environmental
study prepared by Caltrans.
It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed
by the following vote to approve the projects shown under the FAU Recap, with the
exception of No, 5, Sidewalks Citywide, to be substituted with the alternative pro-
ject No, 1, Pedestrian overcrossing over Santa Ana Freeway at Manzanar.
AYES. 4 Council Members. Jackman, Mackaig, Swearingen, Greene
ABSENT. 1 Council Members Miller
Mr, A. B. Sheth, 9112 Manzanar, said there are no lights at the tunnel at the
present time.
Mr. Spindel replied as soon as lights are installed they are broken by vandals;
however, new lights will be installed again.
ORAL COMMUNICATIONS (Items not on Agenda)
Mr, Don Bragg, 8050 Leeds, stated his opposition to the proposed Assessment
District on Leeds Street, A copy of his letter is on file in the office of the City
Clerk,
Council Minutes 11/14/78 -3-
Mrs. Mary Lou Randall, 8836 Dalen, commented regarding a lot split granted on
her property in 1960, and a requirement for sidewalks, She requested a waiver of
this condition, because there are no sidewalks existing near her property. Mrs.
Randall pointed out that the lot split has never been taken advantage of. She was
requested to discuss this matter personally with the Planning Division.
Mr. Sheth, 9112 Manzanar, commented regarding his request to the City to re-
pair "pot holes" on Manzanar and the City°s response he would have to pay $50 for
the paveout work.
Mr. Thompson explained the City°s policy that it is a property owner's
responsibility to pay for paveout between the pavement on the street and the curb
and gutter.
Mr. Sheth was asked to come into City Hall and discuss this with Mr. Henriksen.
Mr. Jack Robinson, 8555 Gainford, requested the Council to consider at this
time the Agenda items pertaining to Building and Safety - Personnel and Budget
Adjustments, Rent Increase Limitations in Neighborhood Enhancement Program, and
Request for Rent Rollback for Tenants of Downev�
There were no objections to Mr. Robinson°s request,
Building and Safety - Personnel and Budget Adjustments
Mr. Stup commented on the recommendation for Council to approve hiring the
following personnel for the Building & Safety Division:
A Plan Check Engineer, in response to the Redevelopment Project: The funds for
this position would be generated by the Redevelopment Project, but it is re-
quested $15,000 be transferred from the General Fund Unappropriated Fund Balance
to Personnel Services.
A Code Enforcement Officer to replace the current employee who will retire in
April: A one or two -month overlap is requested in this position. Funds are
available in the Community and Neighborhood Enhancement Budget.
A Housing/Code Enforcement Inspector to accomplish the objectives set forth in
the Neighborhood Conservation Program: A transfer is requested from the
Operating Charges Account to Personnel Services.
A discussion was held regarding the duties of the Code Enforcement Officer in
conjunction with the Fire Department's inspections under the Code Enforcement Program.
Mr. Robinson spoke regarding the need for a Code Enforcement Officer.
It was moved by Councilman Jackman, seconded by Councilman Swearingen, and
passed by the following vote to approve the recommendation, based on raising the
Manning Table by two, when needed.
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member: Miller
Rent Increase Limitations for Rehabilitation Assistance Participants
Mr. Tincher stated that in HUD°s review of the City°s 1978-79 Housing & Commu-
nity Block Grant Application, it was indicated Downey needs to consider establishing
some means to provide rent increases not be inflated as a result of property owners
utilizing Housing & Community Development Funds for the enhancement of their
properties beyond the actual cost. One criteria of the program is to ensure that
low and moderate income residents will not be negatively affected.
It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed
by the following vote to approve the Rent Increase Limitations for Rehabilitation
Assistance Participants.
Mr. Jack Robinson stated concern that the Council would become involved in rent
control, and he does not favor making loans to landlords of multiple dwellings to
fix up their properties.
Discussion followed.
Mr. Tincher pointed out the Neighborhood Rehabilitation Program is for units
primarily serving low and moderate income housing needs of the community.
Mr. Robinson strongly favored redevelopment and community rehabilitation, but
he indicated he is not in favor of the City becoming involved with use of City,
Council Minutes 11/14/78 -4-
State or Federal Funds for supporting private investors in upgrading their property.
He feels the City has sufficient ordinances which can be enforced to accomplish this.
AYES: 3 Council Members: Jackman, Mackaig, Swearingen
NOES: 1 Council Member: Greene
ABSENT: 1 Council Member: Miller
The petition requesting Rent Rollback for Tenants of Downey was, not presented
ORDINANCES
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADDING SECTIONS 8226.1, 8230.1, 8231.1, 8239.05, 8239.1,
8239.2, 8241.2, 8246, AND 8247.1E AMENDING SECTIONS
8200, 8206, 8207, 8208, 8209, 8213, 8214, 8217, 8219,
8221.1, 8221.2, 8222.1, 8223, 8224, 8228, 8229, 8230,
8231, 8232, 8233, 8234, 8235, 8236, 8236.1, 8237, 8238,
8239, 8241, 8242, 8243, 8245 AND 8247F REPEALING SECTIONS
8101, 8102, 8103, 8105, 8105.1, 8105.2, 8201, 8202, 8204,
8205, 8212, 8214.2, 8215, 8216, 8217.1, 8217.2, 8218,
8221, 8225, 8243.1, 8250, AND 8251E AND ADOPTING BY
REFERENCE THE 1976 UNIFORM BUILDING CODE
Speaking to Section 8213, Councilman Jackman indicated he would like to see
the Building Official left as the Director of Building & Safety, He was informed
the job title in Downey is "Building Official." Councilman Jackman said he will
bring this up again at a later date.
A discussion was held regarding a mandate for cities to adopt the Uniform
Building Code within one year after it is adopted by the State. The Building Code
is adopted every three years.
Mr. Stup noted the following corrections should be made in the Ordinance:
Page 9: The first word in the second to last paragraph should be changed from
"wherever" to "where every."
Page 17: Under Section 8231, last paragraph, "Section 3202p1 should be changed
to "Section 3203."
The Ordinance was read by title only. It was moved by Councilman Jackman and
seconded by Councilman Swearingen to waive further reading.
It was moved by Councilman Jackman, seconded by Councilman Swearingen, and
passed by the following vote to introduce the Ordinance.
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member: Miller
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 8300 AND ADOPTING BY REFERENCE THE
1976 UNIFORM HOUSING CODE
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 the following vote to introduce the Ordinance..
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member: Miller
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTIONS 8500, 8503, AND REPEALING SECTIONS
8501, 8504, 8505, 8506 AND 8507 AND ADOPTING BY
REFERENCE THE 1976 UNIFORM PLUMBING CODE
The Ordinance was read by title only. It was moved by Councilman Jackman and
seconded by Councilman Mackaig to waive further reading.
Council Minutes 11/14/78 -5-
198
It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed
by the following vote to introduce the Ordinance.
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member: Miller
ORDINANCE NO,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTIONS 8700 AND 8706 AND REPEALING SECTION
8701 AND ADOPTING BY REFERENCE THE 1976 UNIFORM
MECHANICAL CODE
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 the following vote to introduce the Ordinance.
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member: Miller
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 8800 AND ADOPTING BY REFERENCE THE
1976 DANGEROUS BUILDINGS CODE
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 the following vote to introduce the Ordinance.
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member: Miller
ORDINANCE N0,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTIONS 8901 AND 8907 OF BUILDING AND
PROPERTY REHABILITATION
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 the following vote to introduce the Ordinance.
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member: Miller
It was moved by Councilman Jackman, seconded by Councilman Mackaig, and so
ordered to set a hearing on the Ordinances adopting by reference the 1976 Unifo
on, for 7:30 p.m., December 12, 1978, in the Council Chamber of the Downey City
ORDINANCE N0, 563
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADDING SECTION 3145.1 OF THE DOWNEY MUNICIPAL CODE, ALL
OF WHICH SAID SECTION RELATES TO PERMITS FOR PARADES
The Ordinance was read by title only. It was moved by Mayor Greene and
seconded by Councilman Jackman to waive further reading.
It was moved by Mayor Greene, seconded by Councilman Jackman, and passed by the
following vote to adopt Ordinance No, 563,
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member: Miller
Council Minutes 11/14/78 -6-
ORDINANCE NO. 564
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 (PLANNING RESOLUTION NO. 219,
ZONE CHANGE CASE NO. 132)
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 the following vote to adopt Ordinance No. 564.
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member- Miller
RESOLUTION NO. 3607
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
PROPOSING TO ANNEX A CERTAIN AREA INTO THE LIGHTING
MAINTENANCE DISTRICT AD 121 AND ORDERING THE CITY
ENGINEER TO PREPARE AND FILE A REPORT PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972 (ANNEXATION 78/24
DONOVAN STREET)
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 Mayor Greene, seconded by Councilman Swearingen, and passed by
the following vote to adopt Resolution No. 3607.
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT:; 1 Council Member: Miller
Mr. Spindel reported the installation cost will be $1260; the annual operation
cost will be $430.20. The payment schedule for the first two years will be $56.30
per parcel, and the third year and continuing cost will be $17.25 per parcel, based
on the current year's assessment.
RESOLUTION NO. 3608
A-IMS0LUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE CITY ENGINEER'S REPORT FOR THE ADDITION
TO LIGHTING MAINTENANCE DISTRICT AD 121 OF ANNEXATION
78/24 - DONOVAN STREET
The Resolution was read by title only. It was moved by Councilman Jackman and
seconded by Councilman Mackaig to waive further reading.
It was ;roved by Councilman Jackman, seconded by Councilman Mackaig, and passed
by the following vote to adopt Resolution No. 3608.
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member: Miller
RESOLUTION NO. 3609
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA 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
(ANNEXATION 78/24 - DONOVAN STREET)
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 the following vote to adopt Resolution No. 3609.
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member: Miller
Council Minutes 11/14/78 -7-
RESOLUTION NO. 3610
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING PROGRAM SUPPLEMENT NO. 3 OF THE CITY OF
DOWNEY/STATE AGREEMENT NO. 07-5334 FOR THE CONSTRUCTION
OF ROADWAY PAVEMENT ON POMERING ROAD, WILEY-BURKE AVENUE
AND QUOIT STREET
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 the following vote to adopt Resolution No. 3610.
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member: Miller
It was moved by Councilman Jackman, seconded by Mayor Greene, and passed by the
following vote to approve plans and specifications and grant authority to advertise
for bids on Cash Contract #426, Pomering Road, Wiley -Burke Avenue, and Orizaba
Avenue at Oucit Street (Account #26-16196).
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member: Miller
RESOLUTION NO. 3611
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
FINDING THAT PORTIONS OF TELEGRAPH ROAD RIGHT-OF-WAY
LYING WESTERLY OF THE NORTHWESTERLY LINE OF THE LOS ANGELES
FLOOD CONTROL CHANNEL AND SOUTHERLY OF THE ULTIMATE RIGHT-
OF-WAY LINE ARE NO LONGER NEEDED AND AUTHORIZE DISPOSITION
OF EASEMENT
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 the following vote to adopt Resolution No. 3611.
Mr. Robert Wendt, 8615 Florence Avenue, commented on his discussions with the
Subdivision Committee and Planning Commission with the understanding the City would
abandon this property, and now it has been determined the City intends to enter into
a quitclaim situation.
Mr. Thompson outlined the City's decision to abandon the property.
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member: Miller
RESOLUTION NO. 3612
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
REQUESTING FUNDING BY THE BOARD OF SUPERVISORS FOR THE
CERRITOS CORRIDOR JUVENILE DIVERSION PROJECT
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 the following vote to adopt Resolution No. 3612.
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member: Miller
CASH CONTRACTS
It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed
by the following vote to approve plans and specifications and grant authority to
advertise for bids on S.S. Project #322 (FAU), Imperial Highway and Paramount
Boulevard (Account #26-16184).
It was noted the amount of the City's FAU Funds to be spent on this project is
$523,240.-
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member: Miller
Council Minutes 11/14/78 -8
It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed
by the following vote to accept the improvements completed in conjunction with
S.S. Project #291, Unit II, Woodruff Avenue north of Firestone Boulevard, and the
responsibility for maintenance thereof (Account #26-16151).
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member: Stiller
It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed
by the following vote to award Cash Contract #SS-334, Stewart & Gray Road, in the
amount of the unit prices bid, to Calex Engineering and Paving Company, the lowest
and best bidder (Account #26-16201).
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member: Miller
MISCELLANEOUS COUNCIL ACTIONS
It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed
by the following vote to approve the sale of Well Sites 1B and 1C - Lot Split #710,
as two lots, and appropriate $13,000 for the required street improvements and Parcel
Map from Fund #54 Fund Balance.
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member: Miller
It was moved by Mayor Greene, seconded by Councilman Jackman, and passed by the
following vote to accept the bid for sale of Well Site 8A, Excess Property, at 11727
Corrigan Avenue.
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member: Miller
It was moved by Mayor Greene, seconded by Councilman Jackman, and passed by the
following vote to set a hearing on Zone Change Case #135, southwest corner Dalen
Street and Lakewood Boulevard, for 7:30 p.m., November 28, 1978, in the Council
Chamber of the Downey City Hall.
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member: Miller
It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed
by the following vote to approve the offer of Rancho Santa Gertrudes Mutual Corpora-
tion for sale of its water rights and connecting to the Downey system.
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member: Miller
It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed
by the following vote to approve the Agreement with Paramount County Water District
for acquisition of 93 connections within the City of Downey.
&YES: 4- Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member- Miller
It was moved by Councilman Jackman, seconded by Mayor Greene, and passed by the
following vote to receive the written report by the City Engineer regarding costs to
provide underground electrical and telephone service to parcels on Firestone Boule-
vard between Brookshire Avenue and Woodruff Avenue, Underground Utility District #6.
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member- Miller
It was moved by Councilman Jackman, seconded by Mayor Greene, and so ordered to
to set a hearing on Underground Utility District #6, Firestone Boulevard between
Brookshire Avenue and Woodruff Avenue, for 7:30 p.m., November 28, 1978, in the
Council Chamber of the Downey City Hall.
It was moved by Mayor Greene, seconded by Councilman Mackaig, and passed by the
following vote to set a hearing on Appeal, Lot Split #706 - Zone variance #42, 9732
Brookshire Avenue, for 7:30 p.m., November 28, 1978, in the Council Chamber of the
Downey City Hall.
AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene
ABSENT: 1 Council Member: Miller
Council Minutes 11/14/78 -9-
® fi22
Commenting on the 'Christmas Parade Permit, Mr. Thompson stated even though the
City Council did approve deletion of all funds for the Parade, there will be some
extra costs for policing and clean-up work.
It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed
by the following vote to approve the Parade Permit Application for December 3, 1978,
AYES. 4 Council Members. Jackman, Mackaig, Swearingen, Greene
ABSENT. 1 Council Member. Miller
It was moved by Councilman Jackman, seconded by Councilman Mackaig, and so
ordered to receive and file the Downey Chamber of Commerce Quarterly Report for
July 1 - September 30, 1978,
Public Works Projects financed by HCD Funds
Mr, Tincher commented on the HUD requirement that use of HCD funds for making
improvements in neighborhood enhancement areas cannot result in special assessments
levied against low and moderate income residents,
Councilman Jackman questioned use of HCD Funds for the Bergman Lane sewer,
Mr. Henriksen explained when the project was proposed on Bergman Lane, it was
thought at the time the sewer is constructed, hook-up charges would be paid by the
properties making connection to the sewer line. However, following interpretation
of HUD regulations, the City cannot recover funds for the sewer line,
Councilman Jackman further questioned if this would be a special condition
granted on Bergman Lane when other properties have had to pay for the connection.
Mr. Thompson suggested as an alternative approach, the Council could order the
sewers to be installed under the 1911 Act,
Councilman Jackman indicated he does not feel the people on Bergman Lane are
of low and moderate income, and he suggested obtaining this information first.
Taken under submission for further information.
REPORTS (submitted for information)
City Manager's Report regarding List of Complaintsconcerning Rent Increases.
Staff report regarding Status of Community and Neighborhood Enhancement Program.
ORAL COMMUNICATIONS
Councilman Jackman questioned what he considered to be the political nature of
a recent survey conducted by the Coordinating Council.
Mrs. Signs Van Hoeven, 8533 East Donovan Street, discussed participation in the
Coordinating Council last year and commented on the organizations that attend the
meetings. She said invitations to attend the meetings are sent to the Council.
Councilman Swearingen requested Mayor Greene to call a meeting for reorganizing
the Sister City Program,
Each Councilman indicated he would appoint 0-membersfrom his District,
Mayor Greene recessed the meeting from 10.56 p.m, to 11.25 p,m, to executive
session to discuss pending litigation. The meeting resumed with Council Members
Jackman, Mackaig, Swearingen, Greene present, Council Member Miller absent.
The Council approved by the following vote to authorize settlement to Margene
Glenn.
AYES. 3. Council Members. Jackman, Swearingen, Greene,
" n ABSENT. 1 Council Member. Miller
yVr Nci=J -ABS4AEN: 1 Council Member. Mackaig
There being no further business to come before the City Council, the meeting
was adjourned at 11.26 p.m.
Robert L. Shand, City Clerk -Treasurer
William L. Greene, Mayor
Council Minutes 11/14/78 -10-