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HomeMy WebLinkAboutMinutes-07-30-79-Special MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SPECIAL CALLED MEETING JULY 30, 1979 The City Council of the City of Downey held a special called meeting at 11:00 a.m., July 30, 1979, in the Council Chamber of the Downey City Hall, Mayor Kenneth J. Miller presiding. PRESENT: Council Members: Milton R. Mackaig Lvell W. Swearingen William L. Greene Kenneth J. Miller Mayor ABSENT: Theodore H. Jackman Mayor Pro Tem (excused) ALSO PRESENT: Charles W. Thompson, City Manager Bruce Young, Assemblyman, 63rd District Royal M. Sorensen, City Attorney John Zimmerman, Norwalk City Council Member Ervin Spindel, Director of Community Development Don Davis, Fire Chief William A. Goggin, City Planner Harald J. Henriksen, City Engineer Thomas Tincher, Housing & Redevelopment Coordinator Franklin DeGroot, Principal Planner Jeanne Cook, Deputy City Clerk -Treasurer Mayor Miller advised the special Council Meeting has been called to review the Stipulation Agreement on the I-105 Freeway. He inquired if the Deputy City Clerk had given proper notification of the meeting, and the response was affirmative. Mr. Thompson explained staff has been reviewing the Final Consent Decree and exhibits, and questions have been raised regarding housing needs and the number of housing units to be required --there is no reference to City standards or City codes. He referred to the Freeway Agreement and Performance Agreement, which he said specifies a landscaping plan. Mr. Sorensen commented on the Decree, which he said contains matters that are mostly policy decisions rather than legal decisions. The Decree also says a Free- way shall be constructed so long as it includes eight lanes for general traffic, two transit lanes and passenger stations. It also provides one lane during the design stage shall be given consideration for a higher occupancy vehicle lane (such as the "diamond" lane). He feels language in the Decree should be broadened so the plaintiff cities will have the right to petition for modification. Councilman Greene asked if the Consent Decree can be modified once it is put into effect. Mr. Sorensen replied yes, it probably could. Assemblyman Young said he has spoken with the Chief Counsel for Caltrans, and there is a new legal document modifying the Consent Decree and Housing Plan. Tomorrow, July 31st, there will be a court hearing, during which the attorney for Caltrans, the attorney for the Center for Law and Public Interest, and the Federal attorney will stipulate they are recommending their clients` acceptance. The Court will then be on vacation, and during the first or second week in September it is anticipated the Court injunction will be lifted. Assemblyman Young pointed out the Freeway Agreement states construction would start at the east end, and he wants to make sure that still occurs. Mr. Sorensen explained the plaintiff cities, as party to this action, are Downey, Lynwood, Inglewood, South Gate, E1 Segundo, and Paramount, and there cannot be an effective Consent Decree unless the cities give their consent. He commented on the prerogative of the Court to make certain decisions in this matter in the event the parties are unable to come to an agreement. Assemblyman Young stated he has been informed that the requirement for an EIS is no longer needed, and once the injunction is lifted, a Housing Committee will be formed to prepare a Housing Plan, following which the homes can then be moved immediately, depending on their conditions, beginning with the 605 Freeway to Garfield section. He suggested possibly Downey should reinstitute negotiations on Council Minutes 7/30/79 (special) -1- ~asr3 its Freeway Agreement to make sure construction does begin at this end. He also feels the State should help underwrite the costs for school transportation during the Freeway construction, as well as follow through with security and maintenance. Assemblyman Young said there is a stipulation in the Agreement that says if the attorneys' fees are not paid the construction will stop, and he wants that removed. He inquired if it would require the filing of an injunction if the City wanted to stop this because of some questions concerning the Consent Decree and exhibits. Mr. Sorensen replied it is his position that until the cities who have inter- vened in the litigation sign the Consent Decree, the Decree will not be binding. Assemblyman Young stated if the injunction is lifted, advertising for bids will begin immediately, and it is estimated it will probably be one year to 18 months before construction could begin on the east end of the Freeway. Discussion was held regarding the number and selection of members for the Housing Advisory Committee and Steering Committee. Councilman Mackaig wants the wording changed so that the Housing Advisory Committee consisting of representatives of official entities (corridor cities) "shall" consist of 55 percent of the entire committee membership. Assemblyman Young said there should be a representative from each corridor city. Questions were raised regarding compliance with the City's codes for all units to be rehabilitated or constructed in the City. Mr. Sorensen pointed out there is no statement that says City Codes will not be complied with. Further comments were raised regarding low income housing. Mr. Sorensen explained the Judge will be concerned that the agreement pro- vides housing to be available, and this should not be deleted. Assemblyman Young left the meeting at 12:05 p.m. Mayor Miller asked for staff comments concerning the Consent Decree. Mr. Spindel referred to Page 7 of the Decree regarding carpool lanes and the proposed HOV lanes, which he said is another "diamond lane," and the section does not say anything about cities providing input, plus it says the plaintiffs have the right to review, with the Director of Caltrans having the final decision. He referred to Page 9 concerning "discretionary funding" being cut off by the Federal defendants if the local agencies do not honor funding commitments, and he ques- tioned the definition of "local agencies." Mr. Spindel feels the City should have a say as to where the passenger stations will be. He said questions have been raised about the design of the Freeway, but to his knowledge the design remains the same. Referring to Exhibit D, Employment Action Plan, Mr. Spindel stated that on Page 8 under the Century Freeway Affirmative Action Committee, there is no repre- sentative from the corridor cities on the Committee. It was suggested there be a member from each corridor city. Mr. Goggin raised questions regarding the Housing Plan - Exhibit C, which includes low and moderate income housing. Councilman Mackaig left the meeting at 12:20 p.m. Mr. Spindel indicated he would like assurances that these agreements will not supersede the City's codes as far as the type of housing to be constructed. Mr. Sorensen commented it is his position these agreements do not supersede the City's codes, but it might be well to have a statement to that effect included in the documents. The meeting was recessed for a lunch break at 12:30 p.m. The meeting resumed at 12:55 p.m. with Council Members Swearingen, Greene, Miller present; Council Members Jackman, Mackaig absent. Discussion continued on Exhibit C - Development and Implementation of Housing Plan. Council Minutes 7/30/79 (special) -2- Councilman Zimmerman of Norwalk commented on the allocation of funds provided for this project by the Los Angeles County Transportation Commission, of which he is a member. Mr. Sorensen discussed with the Council various items contained in the Consent Decree, including those he feels the City should have the right to petition. The Council, City Manager, and staff members noted items they either want changed, defined, or definitely left in the Decree. It was pointed out that some of the wording needs clarification. Mr. Sorensen said tomorrow, he will be attending a status conference, and he will explain the corridor cities are studying the Consent Decree, are still desirous of getting the Freeway, and that they want the houses removed from the corridor as soon as possible. Secondly, the Center for Law and the Public Interest has filed a Notice of Motion requesting Caltrans and HCD to conduct a study for the purpose of determining which houses can be rehabilitated, and he will be filing opposition papers to that motion. During discussion regarding the Housing Advisory Committee, Mr. Spindel suggested that cities within the six -mile radius of the corridor, where Freeway homes could be relocated, might want to have representatives sit on the Committee. Mr. Tincher requested that the membership of the public official representa- tion on the Housing Advisory Committee be comprised of representatives from each corridor city. A meeting of the sub -committee of the corridor cities was set for 4:00 p.m., August 2, 1979, in Lynwood. Downey will notify the other cities. Mr. Thompson will notify Mr. Sorensen if the meeting is confirmed. Councilman Zimmerman commented on the Transportation Commission's approval of funds for the first transit system for the County and to build the Wilshire tunnel from Los Angeles to Wilshire Boulevard, to which he is opposed. He said in his opinion, this will have the effect of soaking up all the transit funds in the County for another ten years without the vote of the people. Any transit system in the rest of the County would then require a Gas Tax increase or Baxter Ward's assessment plan. At 2:05 p.m. the meeting was adjourned. Je e'CZYok-, Deputy City Clerk -Treasurer Kenneth J. Mill r, Mayor Council Minutes 7/30/79 (special) -3-