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HomeMy WebLinkAboutMinutes-10-23-79-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 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. Presentation of special Commendation of Valor to Officer Ronald K. Miller 1 Resolution #3728, Commending Ervin Spindel on his !Retirement Adopted 1 Resolution #3729, Ordering Annexation to Lighting Maint. Dist. AD 121 (Annex. 79/22 thru 79/35) Adopted 1 Appeal to conditions of approval on Tenta- Ref. back to Planning Comm. for tive Tract #37922, 8015-49 Leeds St. review & report 3 Ordinance amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #148) (10014 Paramount Bl.) Introduced 3 Ordinance amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #149) (8244 Alameda St.) Introduced 3 Minutes: Reg. Mtg. October 9, 1979; Adj. Reg. Mtg. October 16, 1979 Approved 4 Denial of Legal Claims: Ref. #435 & #442 Approved 4 S.S. Proj. #332, Alameda St.: Accept work Approved 4 General Warrants: #178432 - 178717 #206240 - 206623 Approved 4 Hazel Cash: Req. for relief from Ordinance prohibiting auto dealers from use of banners or pennants as outdoor advertising Advised of zone variance procedure 4 Mrs. Jean Spindel urges enforcement of City Ordinances 5 Motion that staff follow procedure of send- ing communication to citizen involved in a final decision made by Council as soon as possible following that decision Approved 5 Ordinance #606, amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #147) Adopted 5 Ordinance #607, amending DMC by adding Sec. 6271 re Business Licenses Adopted 5 Resolution ordering Vacation of Drainage Failed; staff to come back with Easement affecting property fronting on proposal & method for funding Quill Dr. & Hondo St. Wly. of Richeon Av. removal of concrete structure 6 Resolution #3731, commending Assemblyman Bruce Young for assistance in expediting Resol. of Obstacles to I-105 Freeway Adopted 6 Resolution #3732, for action to improve public safety in transportation of hazardous materials Adopted 7 CC #442, Downey Ave. Relief Sewer: Plans & specs & auth. Dept. Comm. Dev, to advertise for bids Approved 7 Page 1 of 2 COUNCIL MINUTES, OCTOBER 23, 1979 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT- S.S. Proj. #341, Sixth St. & Downey Ave.: Award to Sully -Miller Contracting Co. Bids on Banking Services Proposed rate increase for Los Angeles Yellow Cab Zone Change Case #146, Florence Ave. at Old River School Rd. Report on Code Enforcement Officers working on Saturdays Councilman Mackaig to take over function & find someone to serve as chairman of Keep America Beautiful Committee Staff instructed to prepare agreement with Second Century Foundation Discussion re removal of houses in I-105 Freeway corridor Discussion re Director of Community Development position Joint meeting with Community Dev. Comm. Mr. Neavill reported on status of Parks Capital Improvement Projects Make community center plan for Golden Park a top priority ACTION: Approved Taken under submission pending return of City Manager Approved Hearing set for November 13, 1979 Approved Approved Resolution #3733, adopting 1979-80 Work Program & Budget for Community & Neighborhood Enhancement Proj. & Housing Opportunities Program Adopted Operative Agmt. #4 bet. City & Community Dev. Comm., providing for advancement of $235,000 General Revenue Sharing Funds from City to Commission as loan to carry out portions of 1979-80 Redevelopment Work Program & Budget Approved Mr. Tincher commented on status of property at Iowa & Dolan Meeting adjourned in memory of Mrs. Edna Miller (Mayor's mother) PAGE NO. 7 7 7 7 7 7 8 8 8 8 8 8 9 7 0] 9 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 23, 1979 The City Council of the City of Downey held a regular meeting at 7:30 p.m., October 23, 1979, in the Council Chamber of the Downey City Hall, Mayor Kenneth J. Miller presiding. PRESENT: Council Members: Milton R. Mackaig _ Theodore H. Jackman Mayor Pro'Tem Lyell W. Swearingen William L. Greene Kenneth J. Miller Mayor ALSO PRESENT: Ervin Spindel, Acting Executive Director Carl K. Newton, Acting City Attorney Ronald Leege, Director of Finance John T. Neavill, Director of Parks & Recreation William F. Martin, Police Chief Don Davis, Fire Chief William A. Goggin, City Planner Howard Stup, Building Official Harald J. Henriksen, City Engineer Thomas Tincher, Housing & Redevelopment Coordinator Don Wagner, Administrative Assistant Joe Nix, Manager of Revenue - Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend Edward Ullrich, Moravian Church of Downey. The Fla q Salute was led by Councilman Jackman. PRESENTATIONS With the assistance of Police Chief Martin and Councilman Jackman, Mayor Miller presented a special Commendation of Valor to Officer Ronald K. Miller, for his, life saving rescue of an unconscious motorist, whose clothes were aflame. RESOLUTION NO. 3728 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY COMMENDING ERVIN SPINDEL ON HIS RETIREMENT The Resolution was read in its entirety. It was moved by Councilman Greene, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3728. Mayor Miller and Councilman Jackman presented the Resolution and a plaque to Mr. Spindel and his wife, Jean. HEARINGS Mayor Miller opened the hearing on Street Lighting District Annexations 79/22 through 79/35. He inquired if the City Clerk had the Affidavit of Posting of Notice and Proof of Publication, and the City Clerk replied yes. It was moved by Councilman Jackman, seconded by Councilman Greene, and so ordered to receive and file the Affidavit and Proof. Mayor Miller inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not., There being no one present to speak in protest to the annexation, it was moved by Councilman Mackaig and seconded by Councilman Jackman to close the hearing. RESOLUTION NO. 3729 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING ANNEXATION OF CERTAIN AREAS TO THE LIGHTING MAINTENANCE DISTRICT AD 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THOSE AREAS UNTIL JANUARY 31, 1983 (ANNEXATIONS 79/22 THROUGH 79/35) Council Minutes 10/23/79 -1- 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. 3729. Mayor Miller opened the hearing on Appeal to Conditions of Approval on Tentative Tract No. 37922, 8015-49 Leeds Street. He inquired if the City Clerk had the Proof -of Publication, and the City Clerk replied yes. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and so ordered to receive and file the Proof. Mr. Goggin explained the appeal was filed by staff after approval by the Plan- ning Commission because it was found there was a conflict which, in the future when development takes place, could create confusion and misunderstanding on condition number 2. Staff's request is that the condition be changed to read, "Construction of concrete sidewalks (minimum 4 feet wide), provided the sidewalks can meet City standards." Mr. Goggin stated an assessment district is proposed, and depending on the width of the street and right-of-way, there would either be a minimum of four feet sidewalks or less than four, and if there are less than four, staff would rather they not be installed. He noted that in the summary and report under Factual Data, "A-9" should be "A-8," and staff requests that this condition be eliminated complete, which says, "The above conditions are waived if a proposed street improvement assessment district is approved prior to recorda- tion." He mentioned this could also create confusion because the assessment district might not include sidewalks or street lights. Mayor Miller inquired if the City Clerk had received any correspondence on this matter, and the City Clerk replied he had not. Mayor Miller inquired if there was anyone present who wished to speak in favor of the appeal. Mr. Desmond Fitzsimons, 7827 Luxor Street, asked whether it would be his responsibility to provide street lights, and the answer was yes. He indicated he is not changing anything other than improving the area, and since two new struc- tures were built on other properties in the area and they were not required to put in street lights, he does not understand staff's reasoning when he is not adding any new buildings. He feels the street light should be part of the assessment district. Mr. Goggin explained requirements for subdivisions require improvements to upgrade property to minimum City standards, and at this time it is not known what the assessment district will consist of. During discussion, Mr. Goggin said there is a considerable amount of money being spent by HCD funds for improvement of the street relative to drainage. Sharon Hawkins, 8101 Leeds Street, said most of the houses in question are rentals in a run-down condition, and she feels the subdivision would be a definite improvement to the community. She mentioned approximately a year ago two street lights were installed, and she questioned that if they are not adequate, why were only two put in? Mr. Spindel replied they may have been put in either under requirement of a zoning case or were requested by a specific property owner, which in any event, the cost was not paid for by the City if the lights were put in midblock. Ms. Hawkins feels with the widening of the street and removal of trees, the two street lights will be more than adequate. Discussion ensued. Mr. Goggin responded to questions of the Council concern- ing the staff's appeal. Mr. Spindel pointed out that if the Council feels it would be usurping the Planning Commission, this could be referred back to the Commission for further review and report to clarify the intent of the Planning Commission only. Councilman Swearingen said that would be his recommendation. There being no one else present to speak in favor and no one to speak in Opposition, it was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by unanimous vote to close the hearing. Council Minutes 10/23/79 -2- It was moved by Councilman Swearingen, seconded by Councilman Jackman, and passed by the following vote to refer the appeal to conditions on Tentative Tract No. 37922, back to the Planning Commission for review and report. After determining there was no recommendation of the Planning Commission as to what modifications should be made on Conditions and 8, Mr. Newton said refer- ring this back to the Commission would be an appropriate action. Further discussion followed. AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller Mayor Miller opened the hearing on Zone Change Case #148, 10014 Paramount Boulevard. He inquired if the City Clerk had the Affidavit of Publication, and the City Clerk replied yes. It was moved by Councilman Greene and seconded by Councilman Swearingen to receive and file the Affidavit. Mr. Goggin reported on the location of the property and the request to change the zone from P to P-B (Parking Buffer) and from P to C-2 (General Commercial). Mayor Miller inquired if the City Clerk had received any correspondence on this matter, and the City Clerk replied he had not. There being no one present to speak in favor or in opposition, it was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by unanimous vote to close the hearing. 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 NO. 148, PLANNING RESOLUTION NO. 297) The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Jackman to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by unanimous vote to introduce the Ordinance. Mayor Miller opened the hearing on Zone Change Case #149, 8244 Alameda Street. He inquired if the City Clerk had the Affidavit of Publication, and the City Clerk replied yes. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and so ordered to receive and file the Affidavit. Mr. Goggin reported on the location of the property, which he said was re- cently zoned from Commercial to R-2 with a T.O. The request at this time is to change from that zone to R-2 with a P.U.D., which would allow condominiums. Mayor Miller inquired if the City Clerk had received any correspondence on this matter, and the City Clerk replied he had not. There being no one present to speak in favor or in opposition, it was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by unanimous vote to close the hearing. 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. 301, ZONE CHANGE CASE NO. 149) 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 Mackaig, seconded by Councilman Jackman, and passed by unanimous vote to introduce the Ordinance. Council Minutes 10/23/79 -3- CONSENT CALENDAR It was moved by Councilman Greene, seconded by Councilman Jackman, and passed by the following vote to approve the Consent Calendar: Minutes: Regular Meeting of October 9, 1979; Adjourned Regular Meeting of October 16, 1979. Denial of Legal Claims: Ref. #435, State Farm Insurance; and Ref. #442, Wilma Carter. S.S. Project #332, Alameda Street: Accept work constructed (Account #26-16203). Warrants: #178432 - 178717; #206240 - 206623: $600,174.56. AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller ORAL COMMUNICATIONS Hazel Cash, 10924 Prunell Avenue, representing Greenwood Pontiac - Mazda, Downey Suburu, Al Terrance Carpets, Performance Motors, and Nowling's Oldsmobile, commented on the Citv's Ordinance prohibitina use of banners. pennants. or flaas as oucaoor aavertising. sne mentionea tnat in anticipation or the new iyuu models, many automobile dealers spent a lot of money on new flags and banners, and they are now being asked to take them down. She requested the Council to con- sider postponing enforcement of the code until such time as the banners are either worn out in three -to -four months, or to give the automobile dealers an opportunity to take them down. Ms. Cash also noted they have been given a date of October 29th by which to comply. Mr. Stup explained that when the City's Ordinance was adopted approximately a year and one-half ago, the City worked with the Chamber of Commerce, as well as citing particular code sections in the City's newsletter and noting the enforce- ment program would be starting. It was felt adequate warning had been given, and articles were also included in the Building & Safety column in the two weekly newspapers. Mr. Stup said different businesses throughout the City were approached and staff is now asking for compliance on the banners. Ms. Cash pointed out that some of the dealers have spent as much as $3,000 for the banners, and they usually last anywhere from three -to -six months. Mr. Goggin mentioned the Council cannot grant extensions --it would require a public hearing on each case in order to permit anyone the use of banners. He commented on the difficulty of enforcing the code but explained when an issue comes up, that is the time to start the enforcement. The original intent was to nofity everyone within six months after adoption of the Ordinance, but there was not the manpower available to do this. Ms. Cash asked about getting some type of a zone variance for this. Mr. Goggin replied a zone variance would have to be filed for each individual dealer that feels he is affected, and each would require a public hearing before the Planning Commission. He feels that on the basis of the Ordinance being so new, staff is bound to uphold it. Mr. Newton explained there is no obligation to give special notice to a busi- ness that a particular provision of the Zoning Ordinance affects use of its property, including sign, anymore than any other business in the City affected by a particular change in the Zoning Ordinance. Councilman Jackman said this concerns some very important people in the City who are paying a good deal of money towards carrying out the City's work through the Sales Tax, and he feels it would have been a better approach to notify them personally so that they would, be aware of the Sign Ordinance. Mr. Spindel explained the City has just recently acquired sufficient staff to begin enforcing the City's Ordinances. Mr. Goggin advised that staff was instructed to prepare a Sign Ordinance at the time the Council was considering the Zoning Ordinance, and after much deliberation by the Planning Commission and City Council and numerous meetings with the sign representatives, this was the final analysis. He then cited the Council Minutes 10/23/79 -4- zone variance procedure for Ms. Cash, pointing out that if a zone variance is filed prior to October 29th, everything will be held in abeyance until a final decision is made before the Commission or Council Mrs. Jean Spindel feels the Council should not be reluctant to enforce the City's Ordinances and indicated that if businesses purchase banners without check- ing to see if they are legal, then they do so at their own risk. Councilman Jackman said public relations demand that the business people be given a certain amount of consideration, but the Council also has a responsibility to the citizens of the City. Councilman Mackaig asked when the Council voted for the signs to be removed at 8200 Firestone Boulevard, what is a reasonable length of time in which they are to be removed? Mr. Stup replied a letter was sent today informing the applicant that the signs and sign cans must be removed by November 14th. If the signs are not re- moved, the matter will then be turned over to the District Attorney's Office. He mentioned the process of going to court could take up to six months. Mr. Stup pointed out the reason the letter was mailed today ,was because it was felt two weeks was adequate time in which to remove the signs. It was moved by Councilman Mackaig, seconded by Mayor Miller, and passed by the following vote that staff follow a procedure, whereby any communication in- volving a citizen in the City of Downey shall be expedited as soon as possible, preferably the day following the Council Meeting at which a related final decision is made. AYES: 2 Council Members: Mackaig, Miller ABSTAIN: 3 Council Members: Jackman, Swearingen, Greene ORDINANCES ORDINANCE NO. 606 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 NO. 147) 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 Ordinance No. 606. ORDINANCE NO. 607 AN ORDINANCE OF THE CITY OF DOWNEY AMENDING ARTICLE VI, CHAPTER 2, PART 2 OF THE DOWNEY MUNICIPAL CODE BY ADDING SECTION 6271 RELATING TO BUSINESS LICENSES 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 adopt Ordinance No. 607. Councilman Mackaig stated his opposition to the Ordinance. Councilman Jackman feels a great deal can come from this in promoting the City and the businesses in the City. He then suggested if the Ordinance is passed, that the funds be handled through the Second Century Foundation to work out contracts with the Chamber of Commerce and other groups promoting the City. Councilman Swearingen supported Councilman Jackman's suggestion. Councilman Greene also concurred. Mayor Miller asked the City Attorney if the Council could enter into this with the Second Century Foundation. Mr. Newton replied it can be done, but it would be an independent action from the Ordinance. Council Minutes 10/23/79 -5- AYES: 4 Council Members: Jackman, Swearingen, Greene, Miller NOES: 1 Council Member: Mackaig RESOLUTIONS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE VACATION OF A DRAINAGE EASEMENT AFFECTING PROPERTY FRONTING ON QUILL DRIVE AND HONDO STREET WESTERLY OF RICHEON AVENUE 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 Greene and seconded by Councilman Swearingen to adopt the Resolution. Mr. Henriksen explained the circumstances surrounding the Staff's recommenda- tion to vacate the drainage easement, which involved contacts with the developer in an effort to have the storm drain structure removed. He said the contractor then discussed this matter with the adjacent property owners, and after learning of their wishes, the developer considered the project too much of an expense. Mr. Henriksen stated the estimated cost to remove the drainage channel could be as much as $10,000. Mr. Spindel commented on a way to convert the channel into a planting area. Mr. Leonard Durnal, 7603 Quill Drive, explained he has been doing the mainte- nance work in this area for some time, and he described the continuing problems of drainage. He commented on his conversations with the developer and cited his opinion the drainage structure should be removed. Mr. Durnal expressed his desire for a retaining wall to be constructed on the property line to prevent drainage on the adjacent property from backing up onto his property and underneath his house. Mr. Henriksen pointed out the new homes built will drain onto the street and not into the channel. Councilman Jackman indicated that since he feels the channel was put in by the City through an easement granted by the property owner, the City should not ask the property owners to remove it. Discussion followed. Mayor Miller said he will be voting "no" on this matter and suggested staff come back with a proposal and method for funding removal of the concrete structure, and then vacate it. AYES: 0 Council Members: None NOES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller Failed. Mr. Spindel said staff will come back with an estimate and request for appropriation. .RESOLUTION NO. 3731 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY COMMENDING ASSEMBLYMAN BRUCE A YOUNG FOR HIS ASSISTANCE IN EXPEDITING THE :RESOLUTION OF OBSTACLES TO THE I-105 FREEWAY 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 Greene, seconded by Councilman Jackman, and passed by unanimous vote to adopt Resolution No. 3731. RESOLUTION NO. 3732 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FOR ACTION TO IMPROVE PUBLIC SAFETY IN TRANSPORTATION OF HAZARDOUS MATERIALS Council Minutes 10/23/79 -6- The Resolution was read by title only. It was moved by Councilman Greene.and seconded by Councilman Jackman to waive further reading. It was moved by Councilman Greene, seconded by Councilman Jackman, and passed by unanimous vote to adopt Resolution No. 3732. CASH CONTRACTS Cash Contract #442, Downey Avenue Relief Sewer Mr. Spindel said in the body of the recommendation, Alameda Street should be changed to Stewart & Gray Road. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to approve plans and specifications and authorize the Department of Community Development to advertise for bids on Cash Contract 4442, Downey Avenue Relief Sewer (Account #21-13966). It was moved by Councilman. Mackaig, seconded by Councilman Jackman, and passed by unanimous vote to award S.S. Project #341, Sixth Street and Downey Avenue, in the amount of the unit prices bid, to Sully Miller Contracting Company of Long Beach, the lowest and best bidder (Account'#26-16206 & #26-16212). MISCELLANEOUS ACTIONS At the request of Councilman Mackaig, Bids on Banking Services was taken under submission pending the return of the City Manager. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by the following vote to approve a proposed 'Rate Increase for Los Angeles Yellow Cab. It was noted the City has requested Day & Nite Yellow Cab to submit an application for permit, but no response has yet been received. AYES: 3 Council Members: Jackman, Swearingen, Miller NOES: 2 Council Members: Mackaig, Greene It was moved by Councilman Jackman, seconded by Councilman Mackaig, and so ordered to set a hearing on Zone Change Case #146,.Florence Avenue at Old River School Road, for 7:30 p.m., November 13, 1979, in the Council Chamber of the Downey City Hall. STAFF REPORTS Mr. Spindel mentioned this is his last Council Meeting, and he has mixed emotions about leaving the City. He voiced his regret that the date for his farewell event was set in conflict with plans made by the City Council. Mr. Spindel then reported there will be Code Enforcement Officers working on Saturdays who will be concentrating on garage sales and cars parked on lawns. Mr. Stup was asked if warnings would be issued, and he replied people will be approached and asked to remove the vehicles from their lawn. He noted that for the next four Saturdays there will be employees in the field who will then work two Saturdays a month thereafter. He said if compliance is not obtained, the City will have no recourse but to pursue it. Mr. Stup also mentioned there is a possi- bility an inspector will be working evenings from time to time. ORAL COMMUNICATIONS Councilman Mackaig said he was asked before the Council Meeting if there could possibly be a recommendation by any Council Member to appoint a chairman of the Keep America Beautiful Committee. It was moved by Councilman Greene, seconded by Mayor Miller, and so ordered that Councilman Mackaig take over the function and 'find someone to serve as chairman of the Keep America Beautiful Committee. Councilman Jackman asked that the Council Meeting be adjourned in memory of Mrs. Edna Miller, Mayor Miller's mother. Councilman Swearingen commended Mr. Spindel on his tenure with the City and extended his appreciation for what Mr. Spindel has done for the City. Council Minutes 10/23/79 -7- G65 There being no objections, staff was instructed to prepare an agreement with the Second Century Foundation. Councilman Greene said it has been a pleasure to serve the City with Mr. Spindel and that the Council regrets it will not be able to attend the farewell dinner. Mayor Miller expressed his feelings regarding Mr. Spindel retiring from the City. A brief discussion was held regarding removal of houses in the I-105 Freeway corridor. Mr. Witold Hryniewicki, 7706 Botany Street, inquired if the position of Director of Community Development will be continued. Mr. Spindel replied the 'position is now being advertised. Mr. Hryniewicki expressed his opinion that the Director of Community Develop - mention position is not needed. He urged the Council to study this matter closely and, if necessary, eliminate the position. Mr. Hryniewicki also indicated it is his understanding an individual was pre -selected for this position, and he re- quested this be looked into as well. Mr. Spindel explained the City Manager has discussed this matter with the City Council --bulletins have gone out, with various applications being received. He assured Mr. Hryniewicki that no one person has been pre -selected, and the City is going through a regular selection process for all qualified applicants. Mr. Spindel commented on the necessity for the Director of Community Development position. Mr. Hryniewicki welcomed Mr. Spindel to the small group of retirees from the City. Mayor Miller declared a recess from 9:54 p.m. to 10:10 p.m. The meeting resumed with all Council Members present. The Council then conducted a joint meeting with the Community Development Commission. Mr. Neavill reported on the status of Parks Capital Improvement Projects. Councilman Greene referred to the $146,000 appropriation for Apollo Park and Councilman Jackman's previous question of whether some of the money could be transferred to help speed up the process of Golden Park. Councilman Jackman asked about the funds for Golden Park being used for consultant fees. Mr. Neavill replied the intent for use of HCD Funds for $15,000 was to pre- pare a plan including specifications ready for bid for expansion or modification of the building in order to provide additional space. The City does not have the capabilities in-house. Councilman Jackman would like to divert some of the funds from Apollo Park to Golden Park and expedite that matter. Mr. Neavill commented on the plans and specifications being prepared for both Wilderness and Independence Parks and said there is a deadline on these funds. Councilman Jackman would like to see Golden Park placed on a higher priority and he asked if this can be done. Mr. Tircher stated the Apollo Park Neighborhood Center appropriation was actually specified for that purpose in last year's application. Any change would require an amendment to the application and approval by HUD. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to make the community center plan for Golden Park a top priority. Mr. Neavill requested staff have the opportunity to attempt to locate funds for the Golden Park project and that staff be allowed to review what it feels would be items of a lower priority. He then asked the Council to include in the Council Minutes 10/23/79 -8- motion the $146,000 for Apollo Park to be used for Golden Park because this pro- ject has already been delayed. Councilman Jackman said he would have no objection as long as this can be done by the next Council Meeting. AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller Mr. Tincher reviewed the 1979-80 Reinvestment in Downey Work Program and Budget, outlining the City's obligation under the Housing & Community Development Block Grant Program to adopt an annual Housing Assistance Plan directed toward low and moderate income residents of the community; the City's replacement hous- ing obligation; and the City's Housing Replenishment Program in the I-105 Freeway corridor. HUD has approved the City's application for this year's entitlement, with the stipulation that those funds cannot be expended until the City adopts a program outlining a court of action for carrying out the Housing Assistance Plan. Councilman Greene asked if it would be difficult to change a program con- tained in the Budget once the Budget is approved. Mr. Tincher replied the document reflects a policy position with respect to the program and would be subject to alteration at any time. Councilman Jackman referred to site 15 and the plan to build R-3 residences on M-1 property. He said he is located on that property, and residences in the area would be a mistake. Mr. Tincher explained this recommendation is the result of Golden'Park development and the I-105 Freeway study. RESOLUTION NO. 3733 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE 1979-80 WORK PROGRAM AND BUDGET FOR THE COMMUNITY & NEIGHBORHOOD ENHANCEMENT PROJECT AND THE HOUSING OPPORTUNITIES PROGRAM 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 Greene, and passed by the following vote to adopt Resolution No. 3733. AYES: 3 Council Members: Jackman, Greene, Miller NOES: 2 Council Members: Mackaig, Swearingen Mrs. Signe Van Hoeven, 8533 East Donovan Street, asked if there would be any possibility in the future of building apartments for senior citizens. Mayor Miller said within the guidelines the Council is'working, the feasi- bility of apartments for senior citizens will be addressed. He asked how many slots in Downey are available under the Section 8 Rental Program. Mr. Tincher replied there are 105 total, with approximately 30-40 still vacant. By unanimous vote the Council approved Operative Agreement No. 4 between the City of Downey and the Community Development Commission, providing for the advance- ment of $235,000 General Revenue Sharing Funds from the City to the Commission as a loan to carry out portions of the 1979-80 Redevelopment Work Program and Budget. Mr. Tincher reported he has talked to the owners of the property at Iowa and Dolan and has learned from Dr. Wilkins that the doctors group has the option to make the first offer on the property. The option would be up the 30th of October. Dr. Wilkins indicated if positive response is not received, then the City can pursue the project as discussed. There being no further business to come before the City Council, the meeting was adjourned at 10:47 p.m. in memory of Mrs. Edna Miller. Robert L. Shand, City Clerk -Treasurer i 4r, Kenneth J. Mayor Council Minutes 10/23/79 -9-