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HomeMy WebLinkAboutMinutes-07-08-80-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 8, 1980 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: PAGE NO. Ord. Amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #159) (11531 Downey Av.) Introduced 1 Ord. Amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #160) (9400-9560 Firestone & 11224-11242 Woodruff) Introduced 2 Res. #3837, Ord. Annex of certain areas to Ltg. Maint. Dist. AD 121 (Annex 80/1-80/15) Adopted 2 Res. #3838, Apprvg. EIR #80-1 of General Plan Amndmt. 80-1.(Dolan & Brookshire) Adopted 3 Res. #3839, Amending General Plan of Land Use from Gen. Commercial to Central Busi- ness Dist. Land Use for Ppty. between Firestone, Dolan, Second & Brookshire, excluding City Auditorium Ppty. (General Plan Amndmt. 480-1) Adopted 3 Ord. Amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #158) (bet. Second/Firestone & Dolan/Brookshire) Introduced 3 Minutes: Reg. Mtgs. June 10 & 24, 1980 Approved 3 General Warrants: #183945 - 184249 #207156 - 207199 Approved 3 Ord. #619, Amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #157) (SPAR So. to Manatee, Downey east to Patton) Adopted 4 Ord. #620, Amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #155) (11702-06 Coldbrook Av.) Adopted 4 Ord. Amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case 4154) Tabled pending (NE Corner Lakewood & Gallatin) further information 4 Res. #3840, Decl. Int. to Grant Franchise Adopted; hearing set by Ord. to Mobil Oil Corp. for August 12, 1980 4 Res. #3841, Decl. Int. to Grant Franchise Adopted; hearing set by Ord. to Atlantic Richfield Co. for August 12, 1980 4 Res. #3842, Decl. Int. to Grant Franchise Adopted; hearing set by Ord. to Four Corners Pipe Line Co. for August 12, 1980 5 Res. #3843, Decl. Int. to Grant Franchise Adopted; hearing set by Ord. to Gulf Oil Co. for August 12, 1980 5 Res. #3844, Granting Zone Variance #123 (8509 Imperial Hwy. Adopted 5 CC #426/435, Pomering Rd., Wiley Burke Av., Quoit St., & Orizaba Av.: Accept construc- tion contract & maint. responsibility for imprvmts; approve extra work $935.30; & auth. transfer of funds Approved 5 Design of Relocation of Water & Sewer Facilities on N/s Santa Ana Fwy. W/o Paramount B1., M.P. #182: Consultant agmt. w/Willdan Associates Approved 5 Page 1 of 2 COUNCIL MINUTES, JULY 8, 1980 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: PAGE NO. Request for increase in Planning Commission Taken under submission for Meeting Remuneration staff report next meeting 5 Second Century Foundation - Project Recommendations Taken under submission 6 Downey Youth Band request for $2,000 for band uniforms: Supplemental appropriation out of General Fund Approved 6i Send resolution opposing President Carter's administration of passing law to take 15% from person's savings &'give to IRS Approved; staff to prepare 6 Status on brick fence to be constructed around City's water well on Julius 6 Cn. Swearingen req. staff check on possi- bility of closing 1/2 alley S/o Devenii & Requires staff & committee Paramount review 6 Status on condominium conversion moratorium 6 Three school properties to be made City Manager to discuss with available by School Dist. Council Members 6 Mobil Oil Corp. representative requested Council consider lengthening term of franchise & lowering; charge per pipe inch 7 Page 2 of 2 Go2" MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 8, 1980 The City Council of the City of Downey held a regular meeting at 7:30 p.m., July 8, 1980, in the Council Chamber of the Downey City Hall, Mayor Theodore H. Jackman presiding. PRESENT: Council Members: Lyell W. Swearingen _ Milton R. Mackaig Mayor Pro Tem James T. Quinn Robert G. Cormack Theodore H. Jackman Mayor ALSO PRESENT: John H. Saunders, Acting City Manager Royal M. Sorensen, City Attorney William A. Ralph, Director of Public Works Ronald W. 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 Harald J. Henriksen, City Engineer Charles G. Eccleston, Traffic Engineer Harry Rayson, Senior Building Inspector Thomas Tincher, Housing & Redevelopment Coordinator Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend Rich Freeman, First Baptist Church of Downey. The Flag Salute was led by Councilman Swearingen. HEARINGS Mayor Jackman opened the hearing on Zone Change Case #159, 11531 Downey Avenue. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and so ordered to receive and file the Proof. Mr. Goggin reported on the request to change the zone to OS -RA (Open Space - Recreation Area) on the YMCA property. Mayor Jackman inquired if the City Clerk had received any correspondence on this matter, and the response was no. There being no one present to speak in favor or in opposition to the Zone Change, it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered 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. 159) The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to introduce the Ordinance. Mayor Jackman opened the hearing on Zone Change Case #160, 9400-9560 Firestone Boulevard and 112.24-11242 Woodruff Avenue. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and so ordered to receive and file the Proof. Mr. Goggin reported on the location of the property and the request to change the zone from C-1, R-3, and M-1 to C-2. Each of the property owners were notified Council Minutes 7/8/80 -1- of this case by certified mail, and their names were taken from the current Assessor's Roll. Mayor Jackman inquired if the City Clerk had received any correspondence on this matter, and the response was no. There being no one present to speak in favor or in opposition to the Zone Change, it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered 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. 160) The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to introduce the Ordinance. Mayor Jackman opened the hearing on Street Lighting Annexation 80/1 through 80/15. He inquired if the City Clerk had the Affidavit of Posting of Notice and Proof of Publication, and the response was yes. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and so ordered to receive and file the Affidavit and Proof. Mayor Jackman inquired if the City Clerk had received any written protests or objections, and the response was no. There being no one present to speak in protest to the Annexations, it was moved by Councilman Swearingen, seconded by Councilman Mackaig, and so ordered to close the hearing. RESOLUTION NO. 3837 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 80/1 THROUGH 80/15) The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No. 3837. Mayor Jackman opened the hearing on General Plan Amendment 80-1, Dolan and Brookshire, and Environmental Impact Report. He inquired if the City Clerk had the Proof of Publication, and the response was yes. Mr. Goggin explained at the present time the existing General Plan shows the property is proposed for open space - public lands. The proposal is to change the area, excluding the City auditorium property, to Central Business District. This would involve the City parking lot, the public parking lot, the retail stores, and the old Bank of America Building. The zoning would conform to the surrounding area, and this will make the General Plan compatible with the land use. Mayor Jackman inquired if the City Clerk had received any correspondence on this matter, and the response was no. There being no one present to speak to General Plan Amendment 80-1 and the Environmental Impact Report, it was moved by Councilman Swearingen, seconded by Councilman Mackaig, and so ordered to close the hearing. Councilman Swearingen stated that inasmuch as he has leased property in the area involved, he will abstain from voting. Council Minutes 7/8/80 -2- RESOLUTION NO. 3838 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING ENVIRONMENTAL IMPACT REPORT NO..80-1 OF GENERAL PLAN AMENDMENT 80-1 The Resolution was read in its entirety. It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed by the following vote to adopt Resolution No. 3838.' AYES: 4 Council Members: Mackaig, Quinn, Cormack, Jackman ABSTAIN: 1 Council Member: Swearingen RESOLUTION NO. 3839 A RESOLUTION OF DOWNEY CITY COUNCIL AMENDING THE GENERAL PLAN OF LAND USE FROM GENERAL COMMERCIAL TO CENTRAL BUSI- NESS DISTRICT LAND USE FOR THE PROPERTY LOCATED BETWEEN FIRESTONE BOULEVARD, DOLAN AVENUE, SECOND'. STREET AND BROOKSHIRE AVENUE, EXCLUDING THE CITY AUDITORIUM PROPERTY GENERAL PLAN AMENDMENT NO. 80-1 The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Quinn to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Cormack, and passed by the following vote to adopt Resolution No. 3839. AYES: 4 Council Members: Mackaig, Quinn, Cormack, Jackman ABSTAIN: 1 Council Member: Swearingen Mayor Jackman opened the hearing on Zone Change Case #158, between Second t and Firestone Boulevard and between Dolan Avenue and Brookshire Avenue. He red if the City Clerk had the Proof of Publication, and the response was 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 request to change the zone from C-2 and R-3 to C-3 (Central Business District). Mayor Jackman inquired if the City Clerk had received any correspondence on this matter, and the response was no. There being no one present to speak in favor or in opposition to the Zone Change, it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered 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. 158) The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to introduce the Ordinance. CONSENT CALENDAR It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by the following vote to approve the Consent Calendar: Minutes, Regular Meetings of June 10, 1980, and June 24, 1980. General Warrants: #183945 - 184249; #207156 - 207199: $765,630.41. AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman Council Minutes 7/8/80 -3- W':� OES ORAL COMMUNICATIONS: (Items not on Agenda) Mr. Bernard N. Peterson, 11745-7 Coldbrook Avenue, complained of poison factories located within a one -mile radius and of PCE in the air. He said he would like to reinstate his water bill. He submitted a written report to the Council regarding his complaints. ORDINANCES ORDINANCE NO. 619 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. 157) (AREA BOUNDED BY SOUTHERN PACIFIC RAILROAD SOUTH TO MANATEE STREET, DOWNEY AVENUE EAST TO PATTON ROAD) The Ordinance was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Ordinance No. 619. ORDINANCE I4O. 620 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. 155) (11702-06 COLDBROOK AVENUE) The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Cormack to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Cormack, and passed by unanimous vote to adopt Ordinance No. 620. 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. 154) (NORTHEAST CORNER LAKEWOOD BOULEVARD AND GALLATIN ROAD) Tabled pending further information. RESOLUTIONS RESOLUTION NO. 3840 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO GRANT A FRANCHISE BY ORDINANCE TO MOBIL OIL CORPORATION The Resolution was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3840. (Sets the hearing for August 12, 1980.) RESOLUTION NO. 3841 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO GRANT A FRANCHISE BY ORDINANCE TO ATLANTIC RICHFIELD COMPANY The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3841. (Sets the hearing for August 12, 1980.) Council Minutes 7/8/80 -4- RESOLUTION NO. 3842 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO GRANT A FRANCHISE BY ORDINANCE TO FOUR CORNERS PIPE LINE COMPANY The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3842. (Sets the hearing for August 12, 1980.) RESOLUTION NO. 3843 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO GRANT A FRANCHISE BY ORDINANCE TO GULF OIL COMPANY The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3843. (Sets the hearing for August 12, 1980.) RESOLUTION NO. 3844 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING ZONE VARIANCE NO. 123 (8509 IMPERIAL HIGHWAY) The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to adopt Resolution No. 3844. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Cormack NOES: 1 Council Member: Jackman CASH CONTRACTS It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by the following vote to accept the construction contract and maintenance responsibility for improvements under Cash Contract #426/435, Pomering Road, Wiley Burke Avenue, Quoit Street, and Orizaba Avenue; approve extra work in the amount of $935.30; and authorize transfer of $1,000 from Account #26-16217 to Account #26-16196. Councilman Cormack questioned the reason for additional work on this project. Mr. Henriksen explained some of the areas the contractor was to excavate had to be varied in order to create reasonable transition from the existing roadway to the cross gutter to create a reasonable slope. This was not anticipated in the specifications because sufficient survey information was not available at the time the plans were prepared. The decision for additional work was made by staff and not the contractor. AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to approve the consultant agreement with Willdan Associ- ates for Design of Relocation of Water and Sewer Facilities on the North Side of the Santa Ana Freeway west of Paramount Boulevard Miscellaneous Project #182. MISCELLANEOUS ACTIONS It was moved by Councilman Swearingen and seconded by Councilman Mackaig to approve the request for Increase in Planning Commission Meeting Remuneration. Mayor Jackman feels the remunerations for all commissions and committees should be reviewed rather than approving them piecemeal. Taken under submission for staff report next meeting. Council Minutes 7/8/80 -5- Mayor Jackman suggested the Council take the Second Century Foundation - act Recommendations under submission pending further review of the requests. Margaret Cantelon, 9103 Raviller Drive, representing the Downey Youth Band, mentioned at the last meeting the Council said it would try to have an answer this meeting on how the funds would be dispersed. She asked if there is a possibility the Council could indicate how it will be decided. It was noted the funds are needed for Youth Band uniforms. Mayor Jackman mentioned the Second Century Foundation had recommended $2,000 to the Youth Band for the purpose of only purchasing uniforms. Councilman Mackaig suggested possibly the Council could vote on this one item Mr. Sorensen mentioned in the past when the Council has allocated funds to various organizations there have been agreements between the organizations and the - City. He said in order to make an allocation of funds, it should be subject to a contractural arrangement'. It was moved by Councilman Quinn, seconded by Councilman Cormack, and passed by the following vote to, make a supplemental appropriation of $2,000 out of the General Fund for the Downey Youth Band (from Account #1650). Mr. Sorensen stated if it is the Council's intention to approve an appropria- tion, it can determine the amount subject to an agreement in the standard form and subject to staff approval. AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman ORAL COMMUNICATIONS - City Council It was moved by Councilman Swearingen, seconded by Councilman Cormack, and passed by unanimous vote to send a Resolution opposing President Carter's administration of passing a law that will take 15 percent of a person's savings ive it to the IRS Councilman Swearingen inquired regarding the status of the brick fence to be constructed around the City's water well on Julius. He said he is confronted almost daily regarding this. Mr. Ralph replied staff has every intention of taking care of this as quickly as they can get to it. He suggested that any calls be referred to him. Councilman Swearingen requested staff check out the possibility of closing one-half of the alley south of Devenir and Paramount. He said there appears to be a lot of vandalism and graffiti in that area, and he feels closing it off with a barrier may help. Mr. Saunders mentioned this would have to be reviewed by the Traffic Committee, Fire Department, and Planning Commission. Councilman Mackaig mentioned approximately six -to -eight months ago, the Council approved a year's continuation on condominium conversations, and he in- quired regarding the status of this at the present time. Mr. Goggin replied the first study copy is being printed now. It will then be reviewed by staff and the City Attorney and forwarded to the Planning Commission. This would be an ordinance that is part of the Zoning Ordinance and will require public hearings before the Planning Commission. He hopes to submit it to the Council by the last meeting in August. CITY MANAGER'S REPORT Mr. Saunders reported it is his understanding the School Board last evening directed Dr. Gallegos to contact the City regarding three school properties they are making available. The City Manager has indicated he wants to meet with each Council Member to learn their thoughts on this before meeting with school repre- sentatives. The school properties involved are Downey Z, Meadow Park, and West Junior High. ORAL COMMUNICATIONS - Audience Ms. Lucille Swindoll, 717 Barris Drive, Fullerton, representing Mobil Oil Corporation, requested that prior to the hearing on August 12th the Council Council Minutes 7/8/80 -6- consider lengthening the five-year franchise, which was offered by City staff, to hopefully 25 years. Also, she said, the City is proposing to charge 5C per inch according to internal diameter foot of pipe, and since Mobil maintains 6.19 miles, almost 4 miles of which is idle pipe, it is felt 5C is an exhorbitant amount. New franchises offer a fee of 2C per inch, and they feel this is more reasonable. She suggested the Council consider these two items prior to the public hearing. There being no further business to come before the City Council, it was moved by Councilman Mackaig and seconded by Councilman Quinn to adjourn the meeting at 8:43 p.m. f Rob rt L. Shand, City Clerk -Treasurer Council 7/8/80 -7-