HomeMy WebLinkAboutMinutes-11-13-79-Regular MeetingMINUTES OF THE CITY
COUNCIL
OF THE CITY OF DOWNEY
NOVEMBER 13, 1979
T A B L E O F M I N U T E
A C.T 2 0 N S
SUBJECT:
ACTION:
PAGE NO.
Ordinance adopting Zone Change Case #146
(S/s Florence from Old River School Rd.
west to WCL & W/s Old River School Rd. from
Florence south to & incl. 10239 Old River)
Introduced
1
Presentation of Resolution #3731 to
Assemblyman Bruce Young
2
Minutes: Adj. Reg. Mtgs. October 22, 1979,
October 23, 1979; Reg. Mtg. October 23, 1979
Approved
2
Correspondence from Governor's Office
acknowledging receipt of City's Resol. re
Transportation of Hazardous Materials
Filed
2
Denial of Legal Claim: Ref. #446
Approved
2
General Warrants: #178718 - 179046
#206264 - 206331
Approved
2
Ordinance #608, adopting Zone Change Case
#148 (10014 Paramount B1.)
Adopted
2
Ordinance #609, adopting Zone Change Case
#149 (8244 Alameda St.)
Adopted
2
Resolution 43730, Apprvg. Caltrans Coop.
Agmt. #3522 for landscaping & maint. on
Brookpark Rd. adjacent to Santa Ana Fwy.
bet. San Gabriel River & Rio Hondo
Adopted
2
Resolution #3734, Rescinding 7-9am & 4-6pm
Parking Restr. B/s Fifth St. bet. Downey &
'..
Lakewood & rescinding Res. 9704, 949 & 3203
Adopted
3
Resolution #3735, Ordering City Engineer to
furnish plans & specs for improvement of
Leeds St. (AD 120)
Adopted
3
Resolution #3736, Apprvg. Map of Assmt.
Dist. for Imprvmt. of Leeds (AD 120)
Adopted'
3
Resolution #3737, Adopting Profile &
Imprvmt. Plan & Spec for imprvmt. of Leeds
Adopted
3
Resolution #3738, Instituting proceedings
pursuant to Sec. 19 Art. XVI of State
Constitution ordering a hearing to consider
imprvmt. of AD 4120
Adopted
4
Resolution #3739, Declaring Intent to
improve Leeds St. in City, determining
Bonds shall be issued to represent cost
therefor, declaring work to be more than
local or ordinary public benefit & expense
thereof shall be assessed upon a district
(AD #120)
Adopted
4
S.S. Proj. #322, imperial & Paramount:
Accept work & approve extra work Approved 4
DIP #706, Golden Park Enhancement Area,
sidewalk const., Units 1-11, Verdura Av.,
Barlin Av., Blodgett Av. from Golden to
Gardendale, Golden Av. from Verdura Av. to
Blodgett, & Gardendale from Verdura Av. to Staff to conduct survey & come
Deming back to Council 4
Page 1 of 2
COUNCIL MINUTES, NOVEMBER 13,.1979
TABLE OF MINUTE ACTIONS (CONTINUED)
Appeal of approval for Monument sign at
8485 Florence Ave.
Second Council Meeting in December
ACTION:
Hearing set for
December 27, 1979
Set for December 27, 1979
Downey Museum of Art Agreement - Corrections Taken under submission to
noted by City Attorney next meeting
Funding alternatives for Golden Park
Improvements Approved
Tentative Tract #37922, 8015-49 Leeds St.:
Appeal to conditions of approval, incl.
Agmt. w/property owner as long as he
continues to pay for power consumption Approved
General Account Bank Depository
Taken under submission to
next meeting
Telecommunication Study: -Approve contracting
f/consulting services w/Communications
Research Corp. (CRC)& charging non -depart-
mental utility account Approved
Request of Downey Playschool for Auction
Permit Approved
Downey Lions Club Application for Parade
Permit for annual Christmas Parade Dec. 2nd Approved
Executive session
Settlement negotiation on Alick Benner case Authorized by Council
Appointments of Howard Stup as Director of
Community Development and Bill Ralph as
Director of Public Works, effec. Nov. 19 Approved
Appointment of Harald Henriksen as Street
Superintendent Approved
Appoint Councilman Swearingen, in charge
of planning barbecue w/City employees,
commissions, & organizations Approved
Mayor requested staff study w/Board of
Realtors re Ordinance requiring report of
residential building records when property
is sold No objections
Meeting adjourned in memory of former
Mayor and Councilman Donald H. Winton
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Page 2 of 2
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
NOVEMBER 13, 1979 -
The City Council of the City of Downey held alregular meeting at 7:30 p.m.,
November 13, 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: Charles W. Thompson, City Manager
Royal M. Sorensen, City Attorney
Ronald W. Leege, Director of Finance
Don Davis, Fire Chief
William F. Martin, Police Chief
William A. Goggin, City Planner
Howard Stup, Building Official'
Harald J. Henriksen, City Engineer
James R. Jarrett, Recreation Supervisor
John H. Saunders, Personnel officer
Thomas Tincher, Housing & Redevelopment Coordinator
Robert L. Shand, City Clerk -Treasurer
Judy McDonnell, Executive Secretary
The Invocation was delivered by Reverend Tim Smith, Church of the Nazarene.
The Flag Salute was led by Councilman Swearingen.
HEARINGS
Mayor Miller opened the hearing on Zone ChangeCase #146
Avenue from Old River School Road west to West Citv Limits an
Road
He inquired if the City Clerk had the Proof of Publication, and the City Clerk
replied yes.
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so
ordered to receive and file the Proof.
Mr. Goggin reported on the expansion of the original zone change filed, which
he said would bring the current zoning in conformance with the City's Zoning
Ordinance. The zoning would be changed from C-4, C-3, C-2 and "P" to C-1, C-2,
and R-3.
Mayor Miller inquired if the City Clerk had received any correspondence on
this matter, and the City Clerk replied no.
There being no one present to speak in favor or in opposition to the Zone
Change, it was moved by Councilman Jackman, seconded by Councilman Mackaig, and
passed by unanimous vote to close the hearing.
It was moved by Councilman Greene, seconded by Councilman Swearingen, and
passed by unanimous vote that the Negative Environmental Declaration be certified
as being in conformance with the California Environmental Quality Act and the
guidelines set forth in the adopted Environmental Guidelines of the City of Downey.
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. 307,
ZONE CHANGE CASE NO. 146)
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.
Council Minutes 11/13/79 -1-
PRESENTATIONS
Mayor Miller and Councilman Jackman presented Resolution No. 3731 to
Assemblyman Bruce Young for his assistance on the I-105 Freeway.
Assemblyman Young expressed his gratitude to the Council for its work and
commitment on the I-105 Freeway project, He looks forward to the continued work
on this project.
Councilmen Jackman and Swearingen and Mayor Miller commended Assemblyman
Young for his efforts on this issue.
CONSENT CALENDAR
It was moved by Councilman Jackman, seconded by Councilman Mackaig, and
passed by the following vote to approve the Consent Calendar:
Minutes: Adjourned Regular Meetings of October 22, 1979, and October 23,
1979; Regular Meeting of October 23, 1979.
Correspondence from State of California, Governor's Office, acknowledging
receipt of Downey's Resolution regarding Transportation of Hazardous
Materials.
Denial of Legal Claim: Ref. #446, Kimberly Renee Paul.
General Warrants: #178718 - 179046; #206264 - 206331: $991,852.21.
AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller
ORAL COMMUNICATIONS (items not on Agenda)
Mr. Witold Hryniewicki, 7706 Botany Street, inquired regarding the Director
of Community Development position.
Mr. Thompson said he will be making a report on this later in the meeting.
ORDINANCES
ORDINANCE NO. 608
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 Jackman
and seconded by Councilman Greene to waive further reading.
It was moved by Councilman Jackman, seconded by Councilman Greene, and passed
by unanimous vote to adopt Ordinance No. 608.
ORDINANCE NO. 609
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 Jackman, seconded by Councilman Mackaig, and
passed by unanimous vote to adopt Ordinance No. 609.
RESOLUTIONS
RESOLUTION NO. 3730
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING CALTRANS COOPERATIVE AGREEMENT NO. 3522 FOR
LANDSCAPING AND MAINTENANCE ON BROOKPARK ROAD ADJACENT
TO THE SANTA ANA FREEWAY BETWEEN THE SAN GABRIEL RIVER
AND THE RIO HONDO
Council Minutes 11/13/79 -2-
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. 3730.
Councilman Jackman inquired regarding the source for funding the City's share
of the bridge construction and also the time frame involved.
Mr. Henriksen replied it is contemplated the funding will be FAU Funds and
Gas Tax Funds out of the City's allocation and said apparently the bridge will be
built after completion of the northbound lane of the Santa Ana Freeway. He said
the widening project will probably be at least one year duration, and the bridge
structure would follow shortly after that.
AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller
RESOLUTION NO. 3734
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
RESCINDING THE 7-9 A.M. AND 4-6 P.M. PARKING RESTRICTION
ON BOTH SIDES OF FIFTH STREET BETWEEN DOWNEY AVENUE AND
LAKEWOOD BOULEVARD AND RESCINDING RESOLUTION NOS. 704,
949 AND 3203
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. 3734.
RESOLUTION NO. 3735
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ORDERING THE CITY ENGINEER TO FURNISH PLANS AND
SPECIFICATIONS FOR THE IMPROVEMENT OF LEEDS STREET (AD 120)
The Resolution was read by title only. It was moved by Councilman Mackaig
and seconded by Councilman Jackman to waive furtherreading.
It was moved by Councilman Jackman, seconded by Councilman Mackaig, and
passed by the following vote to adopt Resolution No. 3735.
Councilman Jackman said this will give the City a dedicated street but pointed
out a great deal of HCD Funds will be used on this project.
Mr. Thompson explained this area was selected under the formula established
for use of HCD Funds in targeted neighborhoods, and each neighborhood was assessed
on the basis of the census data as to average family income and condition of
housing, streets, utilities, etc.
Councilman Jackman feels there are other areas', in the City where the improve-
ments would be more advantageous to the City and property owners.
AYES: 4 Council Members: Mackaig, Swearingen, Greene, Miller
NOES: 1 Council Member: Jackman
RESOLUTION NO. 3736
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING MAP OF ASSESSMENT DISTRICT FOR THE IMPROVEMENT
OF LEEDS STREET IN THE CITY OF DOWNEY (A.D. 120)
The Resolution was read by title only. It was moved by Councilman Greene
and seconded by Councilman Swearingen to waive further reading.
It was moved by Councilman Greene, seconded by Councilman Swearingen, and
passed by unanimous vote to adopt Resolution No. 3736.
RESOLUTION NO. 3737
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING THE PROFILE AND IMPROVEMENT PLAN AND SPECIFICATION
FOR THE IMPROVEMENT OF LEEDS STREET IN THE CITY OF DOWNEY
Council Minutes 11/13/79 -3-
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. 3737.
RESOLUTION No. 3738
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
INSTITUTING PROCEEDINGS AND PURSUANT TO SECTION 19 OF
ARTICLE XVI OF THE STATE CONSTITUTION ORDERING A HEARING
TO CONSIDER THE IMPROVEMENT OF ASSESSMENT DISTRICT NO.
120 (AD 120)
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. 3738.
Mr. Sorensen advised there are some minor corrections in the next Resolution.
The second "WHEREAS" clause should be eliminated. The second paragraph, under
Section 1, should read, "The improvement of Leeds Street between Paramount Boule-
vard and a point 765 feet easterly of center line of Paramount Boulevard........"
RESOLUTION NO. 3739
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DECLARING ITS INTENTION TO IMPROVE LEEDS STREET IN THE
CITY OF DOWNEY, DETERMINING THAT BONDS SHALL BE ISSUED
TO REPRESENT THE COST THEREFOR, DECLARING THE WORK TO
BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT AND
THAT THE EXPENSE THEREOF SHALL BE ASSESSED UPON A
DISTRICT (AD 120)
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. 3739.
A discussion was held regarding the bonding procedure.
AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller
CASH CONTRACTS
It was moved by Councilman Jackman, seconded by Councilman Mackaig, and
passed by unanimous vote to accept the work completed under S.S. Project #322,
Imperial Highway and Paramount Boulevard, and approve extra work in the amount of
$2,366.63 (Account #26-16184).
MISCELLANEOUS ACTIONS
It was moved by Councilman Greene and seconded by Councilman Swearingen to
authorize initiation of Chapter 27 proceedings for the construction of sidewalks
on Downey Improvement Project #706, Golden Park Enhancement Area, Sidewalk
Construction, Units No. 1 toll, Verdura Avenue, Barlin Avenue, Blodgett Avenue
from Golden Avenue to Gardendale Avenue, Golden Avenue from Verdura Avenue to
Blodgett Avenue, and Gardendale Avenue from Verdura Avenue to Deming Avenue; and
find that in the interest of the health, welfare and safety of the citizens of
Downey to include those blocks that may lack 50 percent of the sidewalk within
this proposed project (Account #28-20050). (Motion and second later withdrawn.)
Councilman Jackman indicated he wants to make sure this will be a voluntary
situation where at least more than 50-60 percent of the property owners will agree
to this before instituting Chapter 27 Proceedings.
Mr. Thompson said attempts will be made to contact all of the property owners
involved. Staff will come back to the Council with a report on what was actually
received in the way of signatures on a petition, and it would be up to the Council
as to whether or not it will honor that petition. He said it is hoped to have
Council Minutes 11/13/79 -4-
Housing & Rehabilitation staff actually work with the people in this neighborhood
to determine what improvements they want.
Councilman Jackman would like to know what the people want prior to Council
initiating Chapter 27 Proceedings.
Following discussion, the motion and second were withdrawn. Staff will con-
duct a survey of property owners and then come back to Council.
Appeal of Approval for Monument Sign at 8485 Florence Avenue
Mr. Shand explained today he received a letter from Mr. Santangelo requesting
the hearing be set for the second meeting in December.
Since the second meeting in December falls on Christmas Day, the Council set
Thursday, 7:30 p.m., December 27, 1979, for that meeting date
The hearing on the appeal was then set for 7:30 p.m., December 27, 1979, in
the Council Chamber of the Downey City Hall.
Downey Museum of Art Agreement
Mr. Sorensen advised that after reviewing the agreement, there are several
changes to be made on Page 7. Paragraph VIII should read, "This agreement may be
terminated by either party for just cause or by either party upon ninety (90) days
written notice." He said there is an inconsistency in the two sentences in
Paragraph IX. Mr. Sorensen stated that if the Council wants to approve the agree-
ment subject to clarification and approval by his office it may do so; or, the
Council may want to take the agreement under submission.
Taken under submission to the next meeting.
Funding Alternatives for Golden Park Improvements
Mr. Thompson said this is in response to a question raised by Councilman
Jackman concerning whether alternate funds are available for this project. Staff
is recommending moving ahead with this project, to start making an analysis of the
needs for the improvements, and to ask that Councilman Jackman work with staff in
contacting people in the neighborhood to set up meetings for determining their
feelings on the improvements.
Councilman Jackman said he would agree if the Council will go along with it.
There were no objections stated.
It was moved by Councilman Jackman, seconded by Councilman Swearingen, and
passed by unanimous vote to approve use of funds other than presently budgeted
Park Project Funds for Golden Park Improvements.
It was moved by Councilman Jackman to approve the staff appeal to conditions
for approval of Tentative Tract No. 37922, 8015-49 Leeds Street. (See later motion)
Mr. Goggin reviewed staff's request for removal of Condition 8 and pointed out
that based on the Council's action tonight the property owner would be required to
install two street lights. With the exception of Conditions 2 and 5, Conditions
1 through 7 are included in the assessment on Leeds Street; Condition 2 was modi-
fied, wherein sidewalks would only be required if they can be put in, but at present
they are not required in the assessment district. Mr. Goggin mentioned there are
currently two street lights on wooden poles that were installed as a result of a
zone exception and lot split, and he suggested as an alternative that a lighting
agreement could be recorded on the project, wherein the existing lights on wooden
poles would remain until such time as the people wanted an assessment district.
Then, new lights would be put in as part of the assessment district, but not to be
included in the one already proposed for Leeds Street.
It was moved by Councilman Jackman, seconded by Councilman Greene, and passed
by unanimous vote to approve the appeal to conditions of approval on Tract #37922,
including the recommendation that an agreement be made with the property owner as
long as he continues to pay for power consumption.
At the request of Councilman Mackaig, the General Account Bank Depository was
taken under submission to the next meeting.
Council Minutes 11/13/79 -5-
It was moved by Councilman Jackman, seconded by Councilman Greene, and passed
by unanimous vote to approve the contracting for consulting services with
Communications Research Corporation (CRC) in the amount of $4,290 for Telecommunica-
tion Study, and charging the non -departmental utility account.
It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed
by unanimous vote to approve request of Downey Playschool for Auction Permit, on
condition that all information specified by City Ordinance be submitted prior to
the date of the auction.
It was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed
by unanimous vote to approve Downey Lions Club application for Parade Permit for
the annual Christmas Parade to be held Sunday, December 2, 1979, at 1:30 p.m.
At 8:29 p.m., Mayor Miller recessed the meeting to executive session to discuss
a personnel matter and litigation. The meeting resumed at 8:40 p.m. with all
Council Members present.
In executive session the Council authorized negotiating a settlement on the
Alick Benner case.
CITY MANAGER'S REPORT
Mr. Thompson stated that in accordance with Article VI of the City Charter,
he has appointed Mr. Howard Stup to the position of Director of Community Develop-
ment at the monthly salary of $2849.72 and Mr. Bill Ralph to the position of
Director of Public Works at the monthly salary of $2825.13, both to be effective
November 19, 1979. He requested confirmation of the two appointments.
It was moved by Councilman Jackman, seconded by Councilman Greene, and passed
by the following vote to approve the appointment of Mr. Howard Stup as Director of
Community Development and Mr. Bill Ralph as Director of Public Works, effective
November 19, 1979.
Mr. Hryniewicki said he is not convinced the position of director of Community
Development is necessary for this organization. He stated his opinion that the
position is not necessary but he did compliment Mr. Stup's qualifications as an
excellent engineer and supervisor.
Mr. Thompson explained that by making these two appointments, the positions
formerly held by Mr. Ray Smith --that of Water Superintendent and Physical Services
Superintendent, will not be filled. He said with the retirement of Mr. Spindel,
there were actually three positions filled with two personnel, which is a reduc-
tion of one top level supervisor and one salary in excess of $35,000 a year.
AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller
Mr. Thompson said under the Streets and Highways Code there is the necessity
of appointing a Street Superintendent for assessment purposes. He requested
confirmation of the appointment of Mr. Harald Henriksen, City Engineer, to this
position at no change in salary.
It was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed
by unanimous vote to approve the appointment of Mr. Harald Henriksen as Street
Superintendent.
ORAL COMMUNICATIONS
Councilman Swearingen indicated he feels the Council should involve itself
with the City employees, and he would like to do this by either having a barbecue
or something in one of the City's parks. He also suggested this involve all of
the commissions and organizations.
It was moved by Councilman Greene, seconded by Councilman Mackaig, and passed
by the following vote to appoint Councilman Swearingen to be in charge of planning
the barbecue.
Councilman Jackman said he will assist Councilman Swearingen.
AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller
Mayor Miller commented on an Ordinance of the City of Manhattan Beach requir-
ing a report of residential building records when a property is to be sold. He
requested with Council permission that staff get together with the Board of
Council Minutes 11/13/79 -6-
Realtors to work in the direction of having a similar Ordinance adopted in the City
of Downey. Responding to questions, Mayor Miller said this would require a seller
to come in and get a report from the City, for a fee.
Mr. Thompson explained that a person can sell property without any contact
with the City whatsoever, and later it could be learned there are some zoning
violations which could become a bar to future sale of that property. He cited an
incident involving property on 7th Street.
There were no objections to the Mayor's suggestion.
At 8:56 p.m„ the meeting was adjourned in memory of former Mayor and
Councilman Donald H. Winton.
Robert L. Shand, City Clerk -Treasurer
nneth J. Mi er, Mayor
Council Minutes 11/13/79 -7-