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HomeMy WebLinkAboutMinutes-08-26-80-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 26, 1980 The City Council of the City of Downey held a regular meeting at 7:30 p.m., August 26, 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 Joseph Guthrie, Police Captain Lyle Wilkinson, Fire Battalion Chief William A. Goggin, City Planner Harald J. Henriksen, City Engineer Jim Child, Park Maintenance Superintendent Charles G. Eccleston, Traffic Engineer Harry Rayson, Acting Building official Robert Brace, Civil Engineer Thomas Tincher, Housing & Redevelopment Coordinator Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Mrs. Ida Jackman. The Flag Salute was led by Councilman Quinn. Councilman Cormack noted the number of people present in the audience and re- quested Agenda Item XI -A, Resolution adopting Regulations Governing Tape Recordings of Council Meetings, be moved up on the Agenda. There were no objections. It was then moved by Councilman Cormack, seconded by Councilman Swearingen, and passed by the following vote to delay action on the Resolution to the second meeting in September. (See vote approving motion, Page 3.) Councilman Cormack said he probably acted a little suddenly last meeting on the motion and caught people by surprise unintentionally. He would, however, like Council and staff to look at the method of recording minutes to make an evaluation of it. He mentioned the following cities and their method of recording meetings: Santa Fe Springs: Minutes taken in shorthand only - no tape system. Bellflower: Meetings are taped and kept until transcribed and approved at the following meeting. Paramount: Meetings are taped and the tapes kept until the Minutes are approved at the following meeting. Hawaiian Gardens: Meetings are taped and the tapes kept until the Minutes are approved at the following meeting. La Mirada: The meetings are taken in shorthand - no tape system. South Gate: Meetings are taped and kept until transcribed and approved at the following meeting. Artesia: Meetings not taped; Minutes taken in shorthand. Cerritos: Meetings taped and kept for several months only. Councilman Quinn referred to Resolution No. 963, adopted in 1962, which re- quires retention of the tapes for a period of 30 days. Resolution No. 3359 adopted in 1976 states, "It is not the desire or intent of the Council that such tapes become permanent record for the City of Downey." He said he received several calls regarding the tapes. Councilman Mackaig stated when he supported the motion to destroy the tapes after 90 days, it was with a firm understanding the tapes were duplications of official typed transcripts of Council Meetings, and he did not feel it would be wrong to eliminate duplication of records, since it would save time, space, and some money. He does, however, feel the Council did make a mistake in not examin- ing the issue more thoroughly before voting on it. Councilman Mackaig fully Council Minutes 8/26/80 -1- supports keeping the tapes for an extended period of time and to allow all citi- zens and members of the press to have access to the tapes at their leisure. Councilman Swearingen concurred with the remarks of the other Council Members and said he does not feel there should be double work in the City. Mayor Jackman mentioned he voted against the motion and will still vote against it. Noting the number of people present in the audience, he requested a format be followed, whereby four people would speak who do not want the tapes de- stroyed and then four people would speak who want the tapes destroyed. Mr. Ken Miller, 7336 Cleargrove Drive, former Mayor and Councilman, supported the laws contained in the California Public Records Act to protect the rights of citizens to inspect records concerning the conduct of the peoples' business, such as the City Council. He said the Council tapes are the only complete, uncensored,-_ unbiased, and exact records of the conduct of the people's business by the City Council, so there is a question as to whether the tapes are just records or are public records. He cited sections of the Government Code in which public records are defined and said it appears the Council tapes could not be considered as anything other than public records. He feels the right to listen or not listen to the tapes should be left up to the Council's constituents. He recommended the Council rescind its previous action. Mr. Edwin H. Wood, 9318 True Avenue, Chairman of the Downey Recall Committee, said information on the tapes is considered pertinent to the recall action being taken at this time, and he requested the City Council not take action to destroy or limit access to the tapes. Mrs. Betty Kenley, 9028 Manzanar, believes it is against the California Government Code to take official action on a non -agenda item. She mentioned she reviewed Section 54950 of the Code and related court cases and contended that the Council violated the scope and intent of Section 54090 of the Government Code in taking action on a non -agenda item at its last meeting. Responding to Mrs. Kenley's remarks, Mr. Sorensen stated he does not know of anything that would preclude the Council from taking action on a non -agenda item or items that are not required to be set for public hearing and does not believe there was anything invalid about the action taken by the City Council. He ex- plained the section cited by Mrs. Kenley related to the Brown Act, or the secret meetings law. The sections referred to by Mr. Miller pertain to public records and the right to destroy that which is classified as a public record. Mr. Sorensen pointed out there is no requirement that the meetings be taped but said if tapes are used for the purpose of assisting the Clerk in preparing Minutes, and for that purpose only, then the tapes are substantially the same as recorder's notes --they are an aid. It is Mr. Sorensen's opinion that the tapes are just an aid and need not be kept; but a tape recording of a public hearing should be available for listening to and for having a transcript made. He does not believe the tapes are public record but pointed.out there are no cases precisely in point on this issue. Mr. W. E. White, 1383511 Studebaker Road, Norwalk, said he is a member of the Norwalk Citizens Action Council and to have access of public records maintained by any city, one does not have to be a resident of that city, per Section 6253 of the Government Code. He indicated that destroying tapes in 30 to 90 days could present a problem in that a citizen, under Title 42, Section 1983, of the U.S. Codes, has three years in which to bring a law suit against a city. Mr. William Greene, 7908 East Eighth Street, former Mayor and Councilman, believes the cities mentioned by Councilman Cormack are all contract cities, whereby Downey is a Charter city. Mr. Wendell Wiser, 10921 Paramount Boulevard, wants his comments recorded for posterity and would like to see the Council's action reversed this evening. Joyce Lawrence, 9627 Cheddar, representing the Downey Historical Society, - spoke in favor of retaining the tapes and expressed the Historical Society's offer to keep the tapes if they cannot be kept in the City Clerk's Office. Mayor Jackman asked how many people are present that would like to see the Council's action rescinded, and a majority of the audience raised their hands. When he inquired how many people are present that would like to have the action retained, five people raised their hands. Council Minutes 8/26/80 -2- Councilman Cormack requested Council support of his motion to delay action on this matter until the second meeting in September. Mr. Miller suggested the Council rescind its action and then go ahead with the study. Mr. Sorensen advised that until the Council takes action to modify or rescind Resolution No. 3359, that Resolution would prevail. Roll call vote on motion to delay action to the second meeting in September: AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman Mayor Jackman declared a recess from 8:12 p.m. to 8:19 p.m. The meeting resumed with all Council Members present. Mayor Jackman opened the hearing on General Plan Amendment and Zone Change Case n162 at 7955 Cole Street. He inquired if the City Clerk had the Proof of Publication, and the response was yes. Mayor Jackman inquired if the City Clerk had received any correspondence, and the response was no. Mr. Goggin reported on the location of the property and development of the surrounding area. The request is to change the zone from R1-5000 to R-3 with a PUD, which would permit the construction of condominiums or townhouses. Mayor Jackman asked if there was anyone present to speak in favor of the General Plan Amendment and Zone Change at 7955 Cole Street. Mr. Frank Evola, 7857 Florence Avenue, representing the property owner, cited the zoning of the surrounding properties and said the property immediately to the west is zoned and presently being used as R-1, which will be included in the basic design of the proposed project to establish as much privacy as possible to that property. He pointed out the subject property lies between single family and commercial zones, and the proposed development could become a much needed buffer between the two other zones. Mr. Evola explained the proposed development would be a small condominium development of only six -to -eight units. The project will bring new tax revenues to the City, as well as providing much needed affordable housing, and will be in harmony with the objectives of the General Plan. 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 Swearingen, and so ordered to close the hearing. Discussion followed. (See Page 5 for Resolution No. 3856 adopting the General Plan Amendment and the Ordinance introducing Zone Change Case #162.) Mayor Jackman opened the hearing on General Plan Amendment and Zone Change Case #161 on property bounded on the north by Foster Bridge Boulevard, on the west by Scout Avenue, on the south by Suva Street, and on the east by Private Property. Mr. Goggin reported on the location of the property, which he said is the settling basin in the former Flood Control Channel. The request is to change the zone from R1-6000 to M-1 (Light Manufacturing). People in the neighboring resi- dential area have objected to the zone change. The proposal is to build a storage rental business on the property. The General Plan would have to be changed to the M-1 zone, and the low grade on the property would have to be filled in. when asked how the City would be assured the large hole in the property would be filled in,, Mr. Goggin indicated staff has been working on a proposed contract, and if it can be worked out, the zone change could be granted with the property being de- veloped exactly as proposed. If it is not, then the property would revert back to R-l. If the Council approves the zone change and introduces the ordinance, adoption should be withheld until the contract can be worked out. Mayor Jackman asked if the City Clerk had received any correspondence, and the response was no. Mayor Jackman then asked if there was anyone present who wished to speak in favor of the General Plan. Amendment and Zone Change. Council Minutes 8/26/80 -3- OKI Mr. Michael Goland, 20221 Prairie Street, Chatsworth, proposed developer of the property, displayed two renderings of what is planned. He said he is Presi- dent of the Balboa Construction Company, the largest developer of self -storage facilities and who owns and operates 22 throughout the State and occupies approximately 2.5 million square feet of rentable area strictly for self -storage. He described how the facility would be built, pointing out that it would be a secured facility. Mr. Goland stated that with 10 or 12 percent of the property located in the City of Bell Gardens, he has received informal approval of that City, as well as a letter from its Redevelopment Agency informing him they would put forth money to help fill up the hole on the property. He commented on what it would involve to make the lot buildable, considering the low grade of the property. Joan Whitenak, 737 West Val, Arcadia, representing the owners, who for the past 24 years have tried to find a use for the property and are anxious to have a project that will work for the City and residents in the adjoining neighborhood. There being no one else present to speak in favor, Mayor Jackman asked if anyone wished to speak in opposition. Mr. Richard Albrecht, 7214 Glencliff Drive, does not feel it would be in the best interest of the City to change the General Plan to permit a manufacturing zone in a completely residential zone. He did agree the property should be changed because it is an eyesore and the property should be lifted up to proper grade. Mr. Albrecht feels an eight foot fence -along Scout Avenue would be an appropriate buffer between the residential properties and manufacturing zone in Bell Gardens. Mr. Clark MacGillivray, 10728 Tristan, said he has recently moved from Dos Rios Road and was active on this when the question came up before the Council less than a year ago to change the zone from R-1 to M-1. He feels most of the residents in the area would like to see the property become a residential area, but if it is not feasible, the residents would probably accept the concept of a mini -warehouse. He asked that if the property is zoned M-1, what would prevent the property owner or subsequent owner from using the property for other than a mini -warehouse. Mr. Goggin explained that at the time of adopting the Zone Change Ordinance in two weeks, staff would make a recommendation for an additional Ordinance to prevent that from happening. There being no one else to speak in opposition, rebuttal time was granted to the applicant. Mr. Goland stated a self -storage facility would not create more traffic, noxious odors, or other waste, which were concerns expressed by residents in the immediate area. And, he said, the self -storage facility could not be turned into another type of business because it would be a specific, one -purpose type of facility which will work well in that area. Mr. Goland indicated he would be willing to sign a contract with the City for development of only a self -storage facility on the property. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing. During discussion, Mr. Goland explained the property is in escrow, which is scheduled to close August 29th. However, he said, the escrow will not close unless he can get tentative approval by the Council this evening. Mr. Sorensen indicated the zone change ordinance can be introduced, but adop- tion should be withheld until an ordinance approving a contract between the City and the applicant has been adopted. Responding to questions, he explained an ordinance would be prepared allowing staff to enter into a contractural arrangement) wherein the applicant would contract away all development rights except the right to develop the property in accordance with plans submitted in connection with his application. Mr. Sorensen suggested the Council first dispose of the General Plan Amendment and Zone Change on Cole Street. RESOLUTION NO. 3856 A RESOLUTION OF DOWNEY CITY COUNCIL AMENDING THE GENERAL PLAN OF LAND USE FROM LOW DENSITY RESIDENTIAL TO LOW MEDIUM RESIDENTIAL FOR PROPERTY LOCATED AT 7955 COLE STREET Council Minutes 8/26/80 -4- d/ 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 Quinn, and passed by unanimous vote to adopt Resolution No. 3856. 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. 162) The Ordinance was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Quinn to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Cormack, and passed by unanimous vote to introduce the Ordinance. 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. 161) The Ordinance was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Quinn to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to introduce the Ordinance. Mayor Jackman opened the hearing on Zone Change Case #164, 9034-9160 Florence Avenue. He inquired if the City Clerk had the Affidavit 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 Affidavit. Mr. Goggin reported on the request to change the zone from R-1 to R-3 with a PUD for the development of condominiums, and he commented on the zoning and develop- ment of the surrounding properties. He explained the original application was subsequently expanded by the City to include properties containing apartment buildings constructed under zone exception. Mayor Jackman inquired if the City Clerk had received any correspondence on this matter, and the response was no. Mayor Jackman then inquired if there was anyone present who wished to speak in favor of the zone change. Mr. Ed Kloth, 9126 Florence Avenue, cited the dimensions of his property, which he said is being purchased by the adjoining property owner. He mentioned development of the vacant lot involved in this zone change will eliminate an eyesore in the area. There being no one else to speak in favor and no one to speak in opposition, it was moved by Councilman Mackaig, seconded by Councilman Cormack, 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. 164) 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 Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to introduce the Ordinance. Mayor Jackman opened the hearing of protests on Chapter 27 Improvements for Assessment District #122, Orizaba Avenue south of Orange Street. He inquired if the City Clerk had the Affidavit of Posting of Notice, and the response was yes. Council Minutes 8/26/80 -5- 66a It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and so ordered to receive and file the Affidavit. Mr. Henriksen explained staff has reviewed the various methods for putting in the improvements and has developed the most economical solution for narrowing the right-of-way width from 60 feet to 50 feet in order not to disturb any fences, trees, or pole lines. The proposal consists of curb, gutter, driveway apron, and paving --no sidewalks. All of the property owners have been contacted and have dedicated the necessary right-of-way. 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, it was moved by Councilman Swearingen, seconded by Councilman Cormack, and so ordered to close the hearing. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to approve the plans and grant authority to the Department of Community Development to advertise for bids. Mayor Jackman opened the hearing on Downey Improvement Project #707, Downey Avenue, West side between Century Boulevard and Bixler Avenue. He inquired if the City Clerk had the Affidavit of Posting and Mailing, and the response was yes. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and so ordered to receive and file the Affidavit. 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, it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to authorize the Department of Community Development to proceed with the project and grant authority to advertise for bids. CONSENT CALENDAR It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to approve the Consent Calendar: Minutes: Ad MA 23, 1980; and Correspondence from Congressman Wayne Grisham regarding Downey's Resolution #3845 concerning Income Tax on Interest from Savings Accounts. Correspondence from Senator S. I. Hayakawa regarding Downey's Resolution #3845 concerning Income Tax on Interest from Savings Accounts. Correspondence from Southern California Edison Company regarding Application #59863 for authority to increase rates to recover increased operating costs resulting from conversion to monthly billing. Correspondence from Southern California Gas Co. regarding Application #59869 for authorization to increase rates and to implement financing for solar water heaters. Rejection of Legal Claim: Ref. #459, Carrie Lee Ravencraft. S S. Project #353, Citywide Slurry Seal for Fiscal Year 1980-81: Approve specifications and grant authority to advertise for bids (A/C #26-16229, #10-4-5428, and #10-4-3311). General Warrants: #184877 - 185235; #207311 - 207361: $1,368,515.69. RESOLUTION NO. 3855 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY COMMENDING HENRY L. OBERNDORF FOR HIS OUTSTANDING CITIZENSHIP AND SERVICE TO HIS COMMUNITY AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman Council Minutes 8/26/80 aM. 6G 3.3 ORAL COMMUNICATIONS - Items not on Agenda Mr. David Ray, 7338 Nada, representing Buyers Against Realty Fraud, explained that through a call to the City's Business License Division to ascertain the name of the owner of a real estate company, it was discovered that the real estate company had been in operation since 1978 and had failed to ever obtain a business license. He said the business owner was informed by the License Division to come in and obtain the necessary license, but the business has never done so. He asked the Council to set a severe penalty for this type of violation and mentioned he was informed that there is no one investigating business licenses in the City. Mr. Saunders stated the business in question has now paid all the penalties and purchased the business license for the last three years. He explained that four -to -five years ago the City did have a person assigned to outside inspections of business licenses, but that the position was eliminated with the hope that any unpaid business licenses would be picked up during routine fire inspections throughout the City. Mr. Saunders pointed out there are a number of methods used by the City in an attempt to pick up licenses that have not been paid for. Mayor Jackman instructed staff to check into this and report back to the Council on how prevelant this problem is in the City and to see if a number of businesses are operating without a license. Mayor Jackman then declared a recess from 9:38 p.m. to 9:43 p.m. The meeting resumed with all Council Members present. ORDINANCES ORDINANCE NO. 625 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING A FRANCHISE TO MOBIL OIL CORPORATION 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 adopt Ordinance No. 625. ORDINANCE NO. 626 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING A FRANCHISE TO ATLANTIC RICHFIELD COMPANY 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 adopt Ordinance No. 625. ORDINANCE NO. 627 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING A FRANCHISE TO FOUR CORNERS PIPE LINE COMPANY 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 adopt Ordinance No. 627. ORDINANCE NO. 628 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING A FRANCHISE TO GULF OIL COMPANY 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 adopt Ordinance No. 628. Council Minutes 8/26/80 -7- i ORDINANCE NO. 629 AN ORDINANCE OF THE CITY OF DOWNEY AMENDING SECTION 6271, ARTICLE VI, CHAPTER 2, PART 2 OF THE DOWNEY MUNICIPAL CODE RELATING TO BUSINESS LICENSES 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 the following vote to adopt Ordinance No. 629. AYES: 4 Council Members: Mackaig, Quinn, Cormack, Jackman NOES: 1 Council Member: Swearingen ORDINANCE NO. 630 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING THE ISSUANCE OF BUILDING PERMITS IN THE DOWNEY REDEVELOPMENT PROJECT NO. 2 SURVEY AREA EXCEPT UPON AUTHORIZATION OF THE CITY COUNCIL (EMERGENCY) The Ordinance was read in its entirety. It was moved by Councilman Mackaig, seconded by Councilman Cormack, and passed by unanimous vote to adopt emergency Ordinance No. 630. RESOLUTIONS RESOLUTION NO. 3857 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING PARAMOUNT BOULEVARD A THROUGH STREET AT ITS INTERSECTION WITH LEEDS STREET The Resolution was read by title only. Mr. Shand explained that in the third line under Section 2, the word "eastbound" should be changed to "westbound." 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. 3857. RESOLUTION NO. 3858 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING TELEGRAPH ROAD A THROUGH STREET AT ITS INTERSECTION WITH PICO VISTA ROAD 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. 3858. CASH CONTRACTS It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to approve plans and specifications and authorize the Department of Community Development to advertise for bids on Cash Contract #460A, Roof Repair at City Hall and Parks (A/C #21-17131, 21-17133, 21-13919 & 40-17143).i MISCELLANEOUS ACTIONS It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to authorize the Department of Community Development to proceed with necessary preliminary engineering and acquisition of right-of-way on Assessment District #113, Bergman Lane - Paramount Boulevard to Orizaba Avenue (A/C #28-20001). It was moved by Councilman Swearingen, seconded by Councilman Cormack, and passed by unanimous vote to approve a Rubbish Refund of $9.60 to Senior Citizens who qualify and file an application by October 31, 1980. Council Minutes 8/26/80 -8- 6 � 6_ It was moved by Councilman Mackaig, seconded by Councilman Quinn, and so ordered to set a hearing on Appeal to Conditional Use Permit #102 12808 Wood Avenue, for 7:30 p.m., September 9, 1980, in the Council Chamber of the Downe City Hall. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to set a hearing on Zone Change Case #163, 11105 Old River School Road, for 7:30 p.m., September 9, 1980, in the Council Chamber of the Downey City Hall. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to set a hearing on Appeal to Zone Variance #133, 10033 Paramount Boulevard, for 7:30 p.m., September 9, 1980, in the Council Chamber of the Downey City Hall. STAFF REPORTS Mr. Goggin presented preliminary copies of the proposed Condominium Ordinance, which he said is set for hearing before the Planning Commission at its first meet- ing in September and could last as long as three Commission meetings before being submitted to the Council for its consideration. ORAL COMMUNICATIONS - City Council Councilman Swearingen referred to the Water Well on Rundell Street and pre- vious discussions concerning building a wall around that site, including the adjoining property owner's willingness to pay one-half for his side of the fence. He recalled that during discussions the Council concluded that walls should also be built around all of the well sites in the City and to not ask any property owners to share in the cost of those walls. Mr. Saunders explained it was staff's understanding it would be half and half. It was moved by Councilman Swearingen to put fences around the water wells and have the City pay the entire cost. Mayor Jackman stated this is.a large enough project where the Council should have time to consider it and look into what the costs would be. He asked that staff prepare all of the information and bring back to the Council next meeting. Mr. Ralph explained that during the presentation on this, a good neighbor policy was discussed, whereby the City would make offers at all of the well sites to change the fences to block walls and agree to pay one-half the cost. Staff's estimates and proposals were based on the good neighbor policy. Responding to an inquiry of available funds, Mr. Saunders explained that under the HCD Program, if a well site is in a specific designated neighborhood, it would fall within the purview of those funds. He mentioned General Revenue Sharing Funds are used for capital improvements, but there is not a surplus of these funds. Mayor Jackman asked that the report to be submitted by staff include addresses of all the well sites. Councilman Swearingen commented regarding a citizen complaint concerning graffiti on the shopping center buildings along Paramount Boulevard between Comolette and Devenir. He asked if there is any protection for property owners. Mr. Ralph replied at the present time there is nothing included in the Budget for graffiti removal. However, if there is graffiti on any public improvement or on unpainted walls of unacceptable language and directly facing the public or on any right -if -way, the City tries to make arrangements for its removal. Councilman Swearingen inquired if a Resolution, Ordinance, or action similar to weed abatement could be passed requiring the property owner to remove graffiti. Mr. Sorensen said he will look into it. However, he pointed out the basis for abatement of weeds and trash is that it creates a health or fire hazard or a condition damaging to the neighborhood. Graffiti is aesthetic, and whether it could be considered as creating a detriment to property that devalues or deterio- rates the area economically he would have to look into. The Council concurred. Councilman Swearingen suggested the possibility of the Police Department, through the Neighborhood Watch Program, identifying people doing the graffiti. Council Minutes 8/26/80 -9- (63 Captain Guthrie explained people do generally call in when they observe this taking place, but the Police Department can request the assistance of the Neighbor- hood Watch Program in the next letter sent out. Councilman Swearingen would like the Police Department to come back with a report on what it feels would be the best method to take. Councilman Swearingen then asked if the City is notified when the Air Quality Management District goes out to Downey businesses and assesses them for their time in checking out the businesses. Mr. Saunders replied the City is not notified. Councilman Swearingen cited a problem of drainage on the tennis courts at Independence Park. Mr. Child responded that in regard to the area adjacent to the tennis courts and southeasterly corner of the park, additional top soil is being brought in and incorporated into the contract to correct this problem. As to the area on the westerly side of the tennis court, the work will be done in-house to install a drain for absorbing some of the water and should be done within the next 60 days. Councilman Mackaig commented on a citizen complaint regarding the intersection of Via Amorita and Chaney, which is next to the back entrance of the East Middle School. He said there is no stop sign on either corner, and he suggested the City install a yield sign for eastbound traffic. Referred to the Traffic Engineer for review and report back. Councilman Cormack cited traffic problems at the intersection of Lakewood and westbound Santa Ana Freeway offramp, which he said are created by people leaving the apartments along the side road to the offramp and then attempting to cross Lakewood. Mr. Henriksen mentioned there are plans to widen the Santa Ana Freeway north- bound, and the Lakewood and Paramount offramps are slated for revision. The intersection at Lakewood will be signalized, and improvements will also be made on Lakewood to take care of a drainage problem under the Freeway. There being no further business to come before the City Council, the meeting was adjourned at 10:21 p.m. to 4:30 p.m., August 27, 1980, in the Council Chamber of the Downey City Hall, to review the proposed Community Development Budget and to discuss the Sign Ordinance. ff4a )&Z Robert L. Shand, City Clerk -Treasurer Council Minutes 8/26/80 -10-