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HomeMy WebLinkAboutMinutes-01-23-79-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 23, 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. Certificates of International Conference of Bldg. Officials presented to Bldg. Inspectors 1 Ordinance amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #133) (Tweedy Lane) Introduced 3 Tweedy Lane (Z.C. #133). Direct staff to bring back moratorium ordinance stating Planning Comm. & Council making study of ppty. zoned R-3 on Tweedy s/o Lubec & N/o Florence & anything other than condominiums cannot be built on ppty. without permission of Council Approved 3 Removal of Items from Consent Calendar 3 Minutes: Reg. Mtg. January 9, 1979; & Adj. Reg. Mtg. June 26, 1978 Approved 3 General Warrants: #173070 - 173365 #205409 - 205439 Approved 3 Supplemental Grant Appl. for SB 650 Anti -Litter Grants Approved 3 Report on Const. of Wheelchair Ramp @ Police Dept. Entryway facing Second St. Approved 3 CC #439, Alley Const. N/o Fifth St., Rives to Smallwood, & W/o Downey Ave., 5th to 6th: Plans, specs & auth. to adv. (A/C #21-13953) Approved 3 Citizen request for use of Redevelopment Funds to improve curb, gutter & sidewalk @ ppty. 13645 Downey Ave. Ref, to staff 3 Ordinance #575, Amending DMC Sec. 9122.04 & adding Subsec. (20.1) re Fireworks Stands Adopted 4 Ordinance #576, Amending DMC re Traffic Regulations (re street cleaning signs) Adopted 4 Ordinance amending DMC to req. businesses to exclude minors from places where devices, Failed; City Atty. to review law etc. for smoking of marijuana, etc. is suits on this matter offered for sale 4 Req. to increase Library service hours Taken under submission 5 Ordinance amending Sec. 8400, etc. & adopting Introduced; hearing set for by reference the 1978 National Electrical Code 2/13/79 Ordinance amending Zoning Map adopted by Sec. 9106.06 DMC (Z.Change #137) (8509 Imperial Hwy.) Introduced Ordinance amending DMC re Uniform Fire Code Introduced Resolution #3629, Proposing to Annex to Ltg. Maint. Dist. AD 121 & Ordering Engineer to File Report (Annex. 79/1, Gallatin Rd.) Adopted Resolution #3630, Apprvg. Engineer's Report (Annex. 79/1, Gallatin Rd.) Adopted Resolution #3631, Decl. Intention to Annex to Lighting Maint. Dist. AD 121 (Annex. 79/1, Gallatin Rd.) Adopted 5 5 6 6 6 7 Page 1 of 2 COUNCIL MINUTES, JANUARY 23, 1979 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: Resolution #3632, Apprvg. Program. Suppl. #4 of Downey/State Agmt. #07-5334 for roadway imprvmts. on Orizaba, Downey & Pangborn Aves. Adopted CC #435, Orizaba, Downey & Pangborn Aves.: Plans, specs. & auth, to adv. (A/C #26-16196) Approved Resolution #3633, Objecting to CALTRANS restrictive TIP Guidelines re Programming & Prioritization of FAU Funds Adopted Resolution #3634, Req. State Dir. Transp. to release Urban Funds made available by Surface Transportation Asst. Act of 1978 Adopted Resolution #3635, Est. strong opposition to lack of California's concern for impact of State mandated costs Adopted Resolution #3636, Urging Nat'l Football League to award another Professional Football Franchise to LA Coliseum, either an expansion team or existing club Adopted Resolution #3637, Revising Part-time Pay Plan for 1978-79 (Asst. Technical Director) Adopted SS Proj. #340, Century B1. bet. Rosecrans & Lakewood Sale of Heliport Site on terms presented Support State Constitutional Amendment #2 against Compulsory Busing Appeal, CUP #84, 10032-38 Paramount B1. National League of Cities Dues: Plan A for building program & pay dues° Cn. Jackman req. SCAG dues not be paid until approval of Council Mayor Greene req. reports on rodent control & graffiti removal include statistics from previous year Mayor Greene req. City Planner send for copy of Fullerton's condominium ordinance & distribute to Council Executive session to discuss personnel matter Meeting Adjourned to 4:30 p.m., January 29, 1979, for joint meeting w/Planning Comm. & Community Dev. Comm. Taken under submission Approved Approved Place on Agenda for 2/27/79 Approved PAGE NO. 7 7 7 7 7 7 8 8 8 8 9 9 9 9 9 9 9 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 23, 1979 The City Council of the City of Downey held a regular meeting at 7:30 p.m., January 23, 1979, in the Council Chamber of the Downey City Hall, Mayor William L. Greene presiding. PRESENT. Council Members: Theodore H. Jackman Kenneth J. Miller Mayor Pro Tem Milton R. Mackaig Lyell W. Swearingen William L. Greene Mayor ALSO PRESENT: John H. Saunders, Assistant City Manager Royal M. Sorensen, City Attorney John T. Neavill, Director of Parks & Recreations William F. Martin, Police Chief Don Davis, Fire Chief Ronald Leege, Acting Director of Finance Ruth Miller, City Librarian William A. Goggin, City Planner Howard Stup, Building Official Harald J. Henricksen, City Engineer Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Flag Salute was led by Councilman Miller. The Invocation was delivered by Reverend Don Vena, New Life Center. Mayor Greene and Mr. Stup presented Certificates of International Conference of Building Officials to the following Building inspectors: William Erickson, Ralph Ewers, Frank Rost, and Richer Laporte. Mayor Greene declared that this is the time and place for the public hearing on Zone Change Case No. 133, both sides Tweedy Lane between Lubec Street and Dinsdale Avenue, which was continued from the regular meeting of December 26, 1978. 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 Miller, and so ordered to receive and file the Affidavit. Mr. Goggin reported the original zone change was subsequently expanded to in - include those properties along Tweedy Lane which would bring them in conformity with the City°s General Plan. The R1-7500 zone would be changed to R-2 and R-2 and R-3 with a planned unit development (PUD) overlay. He pointed out the applicant has a zone exception granted on the property for a 16-unit apartment, and he can still take advantage of it if he so desires. Mr. Goggin explained that only two lots on each side of the street would be affected physically. He responded to questions of the Council concerning the zones which would allow condominiums and apartments to be built. Councilman Miller inquired about creating a new zone allowing only condominiums. Mr. Goggin replied it could be very restrictive. Mr. Sorensen stated an ordinance can be drafted to provide a zone for single family residents that would in effect be only for condominiums and outlining the restrictions. Mayor Greene inquired if the City Clerk had received any correspondence on this matter. Mr. Shand replied he has received eight letters in favor of the zone change and one letter in opposition. It was moved by Councilman Miller, seconded by Councilman Jackman, and so ordered to receive and file the correspondence. Council Minutes 1/23/79 -1- Mayor Greene then inquired if there was favor of the zone change, anyone present who wished to speak in Mr. Frank Evola, 7857 Florence Avenue, representing the owners on the project, commented the current General Plan calls for the property to be zoned R-3 multiple family dwellings. His client is requesting R-3 with a Planned Unit Development (PUD) which reduces the density factor and thus reduces the number of vehicles and trips that would be generated; there would be more open space and recreation areas; and the PUD overlay is the only way condominiums can be accomplished in the City. Refer- ring to the east side of Tweedy Lane, Mr. Evola said it would be impractical to build single family homes on such large lots, and a standard type apartment complex is not being considered. The condominium requirements also provide for more offstreet parking, and the proposed condominium concept conforms to the existing General Plan. Responding to questions, he said his client is attempting to purchase the property on the next lot to the south. Mr. R. B. Tibbetts, 8509 Donovan Street, stated he is the developer of the pro- perty and it is a desirable location for condominiums. Mr. Phil Lansing, 7718 Cecilia, said traffic generated by the construction of 16 condominium units at this location would be less than one-half of one percent, which is negligible. There being no one else wishing to speak in favor, Mayor Greene then inquired if there was anyone present to speak in opposition, Mr, Richard Battenschlag, 9803 Tweedy Lane, commented the City of Fullerton has zoning for condominiums, and he circulated a petition for the Council°s perusal. He mentioned Tweedy Lane between Gainford and Dacosta is 36 feet wide, and a traffic check has revealed 6000 vehicles use Tweedy each day, with traffic increasing. Mr. Battenschlag raised questions regarding the requirements for condominium development. Mr. James R. Shull, 9834 Tweedy Lane, concurred with the comments of Mr. Battenschlag and Councilman Miller°s suggestion concerning a zone for condominiums. He does not concur with the findings of the Planning Commission, but he did indicate the properties on the southeast corner of Tweedy and Lubec should be included in the zone change. Mr. Salvadore Valle, 9805 Tweedy Lane, questioned whether the current street width is sufficient for the influx of traffic that will be generated. He commented on the traffic that already exists on the street and mentioned he favors condominiums but not apartments. Rebuttal time was offered to those in favor. Mr. Bob Henderson, 7819 Via Amorita, said the people in the area want town houses, not apartments. Mr. Bernstein, former owner of 9914 Tweedy Lane, indicated that although there is a zone exception approved to build apartments on the property, he feels condo- miniums would be an enhancement to the people and the area. Mr. L. P. Leavitt, 9724 Blandwood, said with condominiums there will be less units and more offstreet parking than with apartments. Christine Armas, 9943 Tweedy Lane, said she has not noticed any traffic problems since the apartment was built adjacent to her property and the condominium built across the street. She feels condominiums on the subject property will enhance the community. Mr. Frank Evola questioned whether the possibility of a new zone for condo- miniums is germane to this issue, He voiced concern regarding lack of growth or progress for the City and said heavy restrictions impose a hardship on creativity. There being no one else wishing to speak, it was moved by Councilman Jackman, seconded by Councilman Mackaig, and so ordered to close the hearing. For the record, each Council Member stated the number of years he has resided in the City of Downey: Councilman Mackaig - 20 years; Councilman Swearingen - 40 years; Mayor Greene - 28 years; Councilman Miller - 26 years; and Councilman Jackman - 33 years. Councilman Jackman stated concern that approving R-3 with a PUD overlay would permit the west side of Tweedy Lane to be developed with apartments, and he favored condominiums for this project, as well as protecting residents from the building of apartments. Council Minutes 1/23/79 -2- Councilman Miller inquired about permitting the developers to develop the pro- perty for condominiums. Mr. Sorensen replied that if the Council is desirous of studying a zone change restricting certain zones or areas and creating a new zone allowing only condominiums, it can select an area and adopt a moratorium ordinance reciting the fact that the City Council and Planning Commission are studying that area, Councilman Mackaig indicated he would concur but would like the area to include property all the way north to Lubec. During discussion, Mr. Sorensen explained the emergency ordinance cannot grant the right to develop to a density greater than that permitted by the underlying zoning. It was moved by Councilman Swearingen to approve the zone change, 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 N0, 220, ZONE CHANGE CASE NO, 133) The Ordinance was read by title only, It was moved by Councilman Jackman and seconded by Councilman Miller to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to introduce the Ordinance, It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to direct staff to bring back a moratorium ordinance stating the Planning Commission and City Council are making a study of that property zoned R-3 along Tweedy Lane south of Lubec and north of Florence, and that anything other than condominiums cannot be built on this property without special permission from the City Council, REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-C-1, Cash Contract #439, was removed from the Consent Calendar, CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Mackaig, and so ordered to approve the Remainder of the Consent Calendar: Minutes; Regular Meeting, January 9, 1979, Adjourned Regular Meeting, June 26, 1978, General Warrants: #173070 - 173365; 4205409 - 205439: $544,214.71. Supplemental Grant Application for SB 650 Anti -Litter Grants, Report on Construction of Wheelchair Ramp at Police Department Entryway facing Second Street, Councilman Jackman inquired if there are adequate funds to complete the work on Cash`Contract #439, Alley Construction north of Fifth Street, Rives Avenue to Smallwood Avenue, and west of Downey Avenue, 5th Street to Sixth Street, Mr, Henriksen replied that to the best of his knowledge and with current prices,. there should be adequate fundsa however, staff has no control over the contractors' bids. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #439 (Account 421-13953). ORAL COMMUNICATIONS Mr, Frank Dominguez, 12715 Gneiss Avenue, stated he owns the property at 13645 Downey Avenue, which is in a Downey Rehabilitation Area, He said he understands funds are available for beautifying the City, and he requested use of some of the funds for curb, gutter and sidewalk improvements in front of his property, Council Minutes 1/23/79 -3- Councilman Swearingen concurred there is a drainage problem in front of Mr. Dominguez' property on Downey Avenue because there are no curbs or gutters, Mr. Dominguez was asked to contact Mr. Henriksen regarding this matter, ORDINANCES ORDINANCE N0, 575 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTION 9122.04 AND ADDING SUBSECTION (20,1) WHICH RELATES TO FIREWORKS STANDS The Ordinance was read by title only, It was moved by Councilman Miller 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 Ordinance No, 575, ORDINANCE NO, 576 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING PART 12, CHAPTER 1, ARTICLE III OF THE DOWNEY MUNICIPAL CODE, PERTAINING TO TRAFFIC REGULATIONS The Ordinance was read by title only. it was moved by Councilman Jackman and seconded by Councilman Miller to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Ordinance No, 576, ORDINANCE N0, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE MUNICIPAL CODE TO REQUIRE BUSINESS PROPRIETORS TO EXCLUDE MINORS FROM ANY ROOM OR PLACE WHERE DEVICES, CONTRIVANCES, INSTRUMENTS OR PARAPHERNALIA FOR THE SMOKING OR INJECTION OF MARIJUANA, HASHISH, PCP, OR ANY CONTROLLED SUBSTANCE IS DISPLAYED OR OFFERED FOR SALE, AND PROHIBITING THE GIFT, SALE OR DELIVERY OF SUCH DEVICES TO MINORS 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 adopt the Ordinance, (See later motion to reconsider,) Mr, Jack Herer of Van Nuys, California, member of the Paraphernalia Trade Association, said a similar ordinance passed in New York was defeated in appellate decision in the Federal Courts, He commented that in Pleasanton, Illinois, where a similar ordinance was passed, a store owner sued the City and won. He pointed out that the pipes referred to in the ordinance are sold in most drug stores and the City would have to make it illegal for these stores to stock them, Mr. Herer said in no case in the Country has an ordinance of this nature been upheld. If a store does fight the ordinance it will be funded by the Paraphernalia Trade Association, and if the stores are harrassed in any way, they will seek punitive damages, Mr. Sorensen requested Mr. Herer to submit to him the citations of court cases regarding this matter. He then advised that in view of the law suits and until he has had an opportunity to examine the cases, the Council might want to adopt a motion to reconsider the ordinance. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to reconsider the ordinance. It was moved by Councilman Jackman and seconded by Councilman Swearingen to adopt the ordinance. AYES. 0 Council Members. None NOES. 4 Council Members: Jackman, Miller, Swearingen, Greene ABSTAIN. 1 Council Member. Mackaig Failed, Council Minutes 1/23/79 -4- Request to Increase Library Service Hours Mayor Greene commented on receipt of a memo from the City Librarian and said he will distribute a copy to each of the Council Members, It was moved by Councilman Mackaig to take this under advisement for two weeks, Mayor Greene questioned whether the Council would want to consider spending $3600 for 24 weeks of ten additional hours for the Library, Councilmen Swearingen and Jackman preferred this be discussed during the next Budget session, Councilman Mackaig is not interested in making an adjustment at this time, Mrs, Gloria Heer, Vice President of the Library Advisory Board, stated the Library is a source of education for all ages and walks of life and is an informa- tion center for the community. She commented the Library usage for the last six months of 1978 has dropped 40,567 compared to the last six months of 1977. She urged approval of the additional hours, Councilman Miller feels citizens should not be deprived of a service provided for in the City Charter and said $3600 should not make much difference in the upcoming Budget, Mrs. Heer said with the revised fine structure at the Library it is conceivable another $3600 would be added to offset the costs for the additional hours. She pointed out the City Librarian does not participate in the League of California Cities meetings and that no member of the Library Advisory Board attends the League or any other function at City expense and does not receive compensation for meetings, Joyce Lawrence, 9627 Cheddar Street, stated she has been limited in her use of the Library and expressed hope the hours can be increased, to include Saturdays, Mr. Ernest Jennings, 7523 East Cory, feels that if the City can spend $26,000 for improvements at Wilderness Park it should have money for the Library. It was moved by Councilman Miller and seconded by Mayor Greene to approve the request to increase Library service hours, Councilman Jackman indicated if the Council takes action tonight, he will vote against it. The motion and second were withdrawn. Taken under submission to the next meeting, ORDINANCE N0, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 8400, 8401, 8402, 8403, 8409, 8411, 8415, 8417, 8424 AND 8426 AND REPEALING SECTIONS 8404, 8405, 8406, 8406.1, 8407, 8410, 8412, 8413, 8414, 8416, 8418, 8419, 8420, 8421, 8423, 8425, 8427, 8428, 8429, 8430, 8431, 8432, AND 8433 AND ADOPTING BY REFERENCE THE 1978 NATIONAL ELECTRICAL 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 unanimous vote to introduce the Ordinance. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and so ordered to set a hearing on proposed Ordinance adopting by reference the 1978 National Electrical Code for 7.30 p.m., February 13, 1979, in the Council Chamber of the Downey City Hall, 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 N0, 137) The Ordinance was read by title only. It was moved by Councilman Jackman and seconded by Councilman Mackaig to waive further reading, Council Minutes 1/23/79 -5- It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to introduce the Ordinance, Councilman Miller feels the zone change should be considered as a zone excep- tion, which could be expanded to allow flexibility, but would also continue to have some restraint if in the future the property changed hands. Mayor Greene also stated concern about what could happen to the property in the future if it were sold. AYES; 3 Council Members- Jackman, Mackaig, Swearingen NOES- 2 Council Members-. Miller, Greene ORDINANCE NO, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTIONS 3302, 3337(a)3, 3337(a)5, 3337(b), 3338(a), 3340(b), 3341(a), 3341(b), 3341(m), 3341(w), 3342 AND 3343(b) AND ADDING SECTION 3341(y), ALL OF WHICH SECTIONS RELATE TO THE UNIFORM FIRE CODE The Ordinance was read by title only. It was moved by Councilman Miller and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Miller, seconded by Councilman Mackaig, and passed by unanimous vote to introduce the Ordinance, RESOLUTIONS RESOLUTION NO, 3629 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 79/1 GALLATIN ROAD) The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Mayor Greene to waive further reading. It was moved by Councilman Jackman, seconded by Mayor Greene, and passed by the following vote to adopt Resolution No, 3629, The City Clerk was instructed to distribute a copy of the street lighting petition to each Council Member, AYES- 5 Council Members-. Jackman, Miller, Mackaig, Swearingen, Greene Mr, Henriksen reported this is for the installation of mid block lights on existing wood poles, for which there is no installation cost. The annual operation cost is $17,25 per parcel per year for the current 1978-79 fiscal year, RESOLUTION NO, 3630 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE CITY ENGINEERS REPORT FOR THE ADDITION TO LIGHTING MAINTENANCE DISTRICT AD 121 OF ANNEXATION 79/1 - GALLATIN ROAD The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Mayor Greene, and so ordered to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to adopt Resolution No, 3630, RESOLUTION N0, 3631 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 79/1 - GALLATIN ROAD) Council Minutes 1/23/79 -6- The Resolution was read by title only, It was moved by Councilman Miller and seconded by Councilman Jackman to waive further reading. It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by unanimous vote to adopt Resolution No, 3631. RESOLUTION N0, 3632 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. 4 OF THE CITY OF DOWNEY/STATE AGREEMENT NO. 07-5334 FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS ON ORIZABA AVENUE, DOWNEY AVENUE, AND PANGBORN AVENUE The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Miller to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to adopt Resolution No. 3632, It was moved by Councilman Miller, seconded by Mayor Greene, and passed by unanimous vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #435, Orizaba Avenue, Downey Avenue, and Pangborn Avenue (Account 426-16196). RESOLUTION NO, 3633 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OBJECTING TO THE CALIFORNIA TRANSPORTATION COMMISSION°S RESTRICTIVE TIP GUIDELINES CONCERNING PROGRAMMING AND PRIORITIZATION OF FEDERAL AID URBAN FUNDS The Resolution was read by title only. It was moved by Councilman Miller and seconded by Councilman Jackman to waive further reading, It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to adopt Resolution No, 3633, RESOLUTION NO. 3634 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE STATE DIRECTOR OF TRANSPORTATION TO IMMEDIATELY RELEASE THE URBAN FUNDS MADE AVAILABLE BY THE SURFACE TRANSPORTATION ASSISTANCE ACT OF 1978 The Resolution was read by title only. It was moved by Councilman Miller and seconded by Councilman Jackman to waive further reading. It was moved by Councilman Miller, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No, 3634. RESOLUTION NO. 3635 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING ITS STRONG OPPOSITION TO THE LACK OF THE STATE OF CALIFORNIA'S CONCERN FOR THE IMPACT OF STATE MANDATED COSTS 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, 3635, RESOLUTION NO. 3636 A RESOLUTION OF THE CITY COUNCIL OFTHECITY OF DOWNEY, CALIFORNIA, URGING THE NATIONAL FOOTBALL LEAGUE TO AWARD ANOTHER PROFESSIONAL FRANCHISE TO THE LOS ANGELES MEMORIAL COLISEUM, EITHER AN EXPANSION TEAM OR AN EXISTING CLUB The Resolution was read by title only, it was moved by Councilman Miller 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. 3636. Council Minutes 1/23/79 -7- RESOLUTION N0, 3637 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REVISING THE PART-TIME PAY PLAN FOR 1978-79 The Resolution was read by title only. Mr. Saunders commented the City Attorney has advised that in order to protect the City°s liability there should be someone in charge at the Theatre when it is open. The costs for the part-time position of Assistant Technical Director will be reimbursed by the user of the Theatre, It was moved by Councilman Jackman and seconded by Councilman Miller to waive further reading, it was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to adopt Resolution No, 3637, CASH CONTRACTS S.S. Project #340, Century Boulevard between Rosecrans Avenue and Lakewood Rnvl.puard Mr, Henriksen responded to questions of the Council and pointed out staff hopes to bring back a proposal to the Council for modifying the City boundary to follow the center line of Century to Rosecrans, Councilman Mackaig said the improvements on Century should be extended to provide for curb and gutter along the south side of Rosecrans. Councilman Miller raised the question of whether the proposed realignment of Century will leave adequate property for parking at the business on the southeast corner of Rosecrans. Councilman Jackman indicated he would like to know the effect this will have on the property owners, particularly the one on the corner, Mayor Greene stated he would like to look at this area again before voting, Councilman Miller indicated he would like the Planning Division to come back with a plot plan of how parking can be distributed on the lot according to the Downey Municipal Code, Taken under submission, COUNCIL ACTIONS Sale of the Heliport Site Councilman Jackman indicated he does not want to authorize any studies out of the sale funds until he knows what the study is for, nor does he want to approve reservation of part of these funds for any use until a proper proposal is brought back. Mayor Greene suggested the study include whether there will be extra room for storage at the Water Yard, . Mr, Saunders explained the facilities study will be made on how all of the facilities should be used. The study is proposed to be done in-house, Mr. Henriksen advised there have been some expenses in connection with the sale of the property amounting to approximately $8,000, which should be taken off the $320,OOOo He also mentioned the buyer has accepted the City°s financing for provid- ing one-third the total price prior to the close of escrow; one-third at the end of twelve months, and the last one-third six months after that. He said initially the buyer will use the property for RV parking until the financing has been paid, and then tentative development would be for multiple industrial uses. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to approve the sale of the heliport site for $320,000 on the terms presented. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to support State Constitutional Amendment No, 2 against compulsory busing. Council Minutes 1/23/79 -8- It was moved by Councilman Jackman, seconded by Mayor Greene, and so ordered to place Appeal to Conditional Use Permit #84 10032m38 Paramount Boulevard, on the Council Agenda for February 27, 1979. National League of Cities Dues Mr, Saunders indicated the financing for the building program is over and above the annual dues. Staff recommends Plan A of $306 a year for 15 years, Mayor Greene said the $306 for 15 years would be committing future Councils to the payment even though the annual dues may go up, Councilman Mackaig suggested Plan D for one lump sum payment of $3672. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to approve Plan A of $306 for 15 years on the National League of Cities building program and to pay the dues. AYES: 4 Council Members: Jackman, Miller, Mackaig, Swearingen NOES: 1 Council Member: Greene ORAL COMMUNICATIONS Councilman Jackman suggested the dues to SCAG not be paid until ap proval of the Council. He then requested an executive session in regard to a personnel matter. Mayor Greene referred to the City Manager's Report on rodent control and graffiti removal and requested the reports include the statistics from last year at this same time. Mayor Greene also requested the City Planner send for a copy of the condominium ordinance from the City of Fullerton and distribute copies to the Council. At 10:43 p.m., Mayor Greene recessed the meeting to executive session to discuss a personnel matter. The meeting resumed at 11:15 p.m. with all Council Members present, The meeting was then adjourned at 11:15 p.m. to 4:30 p.m., January 29, 1979, in the Council Chamber of the Downey City Hall, for joint meeting with the Planning Commission and Community Development Commission. Robert L. Shand, City Clerk -Treasurer William L. Greene, Mayor Council Minutes 1/23/79 -9-