HomeMy WebLinkAboutMinutes-11-12-80-Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
NOVEMBER 12, 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.
Res. #3890, Adopting express findings re
Modification of Uniform Codes for Building
Regulations
Adopted
2
Ord. #635, Adopting the Uniform Fire Code,
1979 Edition
Adopted
2
Ord. #636, Adopting by Ref. the 1979
Uniform Building Code
Adopted
2
Ord. #637, Adopting by Ref. the 1979
Uniform Housing Code
Adopted
2
Ord. #638, Adopting by Ref. the 1979
Uniform Plumbing Code
Adopted
2
Ord. #639, Adopting by Ref. the 1979
Uniform Mechanical Code
Adopted
2
Ord. #640, Adopting by Ref. the 1979
Dangerous Buildings Code
Adopted
2
Ord. #641, Adopting by Ref. the 1979
Uniform Solar Energy Code
Adopted
2
Ord. #642, re -Building & Property Rehab.
Adopted
2
Ord. *643, re National Electrical Code
Adopted
2
Appeal, Zone Variance #135, 8420 Eucalyptus
Denied
4
Minutes: Reg. Mtg., October 28, 1980
Approved
4
Corres. from PUC re Amendmt. to Appl.
#59869 of So. Calif. Gas Co. for Solar
Financing Program
Filed
4
Rejection of Legal Claim: Ref. #488
Approved
4
General Warrants: #186616 - 186837
#207566 - 207597
Approved
4
Res. #3887, Commending Richard C. Cumming
on :his Apptmt. to Downey Municipal Court
Adopted
4
Complaint re 5th Wheel Trailer parked in
church lot on Paramount w/hook-ups for
sewer & electricity
Referred to staff
4
Citizen noted absence of center line on
Rives bet. Stewart & Gray & S/o RR Tracks
near Firestone
Inquiry re status of req. f/zone change &
proposed permissive initiation ordinance
for property on former Flood Control
Channel bet. Foster Bridge Rd. & Suva Av.
Ord. #644, Providing for Granting of
Franchises for Cable TV Systems
Ord. re Display of Obscenity Publications
Res. #388, Apprvg. Final Parcel Map
#13576, Apprvg. Agmt. w/Developers &
Accptnc. of Savings Acct. Passbook in lieu
of Surety Bonds (NE corner Gallatin Rd.
& Lakewood Bl.)
Referred to staff
Adopted
4
4
Removed from Agenda 4
Adopted 4
Page 1 of 2
COUNCIL MINUTES, NOVEMBER 12, 1980
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT: ACTION: PAGE NO.
Res. #3889, Opposing Alternatives proposed
in "Issues in Planning Services for
Calif's. Children & Youth" prepared by the
Office of Statewide Health Planning & Dev. Adopted 5
CC #464, Residential Street Resurfacing:
Award to Vernon Paving Approved 5
S.S. Proj. #340, Century Bl. bet. Rosecrans
&.Lakewood: Award to Copp Contracting, Inc.,
contingent on deposit of funds by Nation-
wide Theatres (received)
Approved
5
Cerritos Corridor Juvenile Diversion Proj.:
Auth. payment as City's hard match for a
cont'g. LEP.A grant
Approved
5
Appeal, Zone Variance #141, 12204 Marbel
Hearing set
for December 9, 1980
5
Appeal, Zone Variance #142, 9459 Raviller
Hearing set
for December 9, 1980
5
Appeal, Zone Variance #143, 10226 Lakewood
Hearing set
for December 9, 1980
5
Zone Change Case #165, 13235 Woodruff
Hearing set
for November 25„ 1980
5
Zone Change Case #166, 10913 LaReina
Hearing set
for November 25„ 1980
5
Special Election Appropriation for cost of
verifying petition signatures for recall in
Councilmanic Dist. 4
Approved
5
Enforcement of Handicapped Parking
Violations on Private Property
Hearing set
for November 25, 1980
5
Disposition & Development Agmt. w/Hometel
& Republic Development Corp.
Hearing set
for December 9, 1980
6
Police Vehicle Maintenance: Proposals
sent out to prospective bidders
Staff to report back w/results
6
Councilman Cormack cited need f/cleaning
trash & wet leaves from streets & gutters
on "island"
Referred to
staff
6
Mayor Jackman commented re sewer odor
Director of
Public Works to
problems on Tweedy & Rives
report back
6
Page 2 of 2
6 k , ff
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
NOVEMBER 12, 1980
The City Council of the City of Downey held an adjourned regular meeting at
7:30 p.m., November 12, 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: Charles W. Thompson, City Manager
Carl K. Newton, Acting City Attorney
William A. Ralph, Director of Public Works
Ronald W. Leege, Director of Finance
William F. Martin, Police Chief
Don Davis, Fire Chief
John T. Neavill, Director of Parks & Recreation
William A. Goggin, City Planner
Harald J. Henriksen, City Engineer
Harry Payson, Acting Building Official
Charles G. Eccleston, Traffic Engineer
Robert L. Shand, City Clerk -Treasurer
Judy McDonnell, Executive Secretary
The Invocation was delivered by Mayor Jackman. The Flag Salute was led by
Councilman Quinn.
HEARINGS
Mayor Jackman opened the combined public hearings on the following Ordinances,
which were read by title only at this time:
ORDINANCE NO. 635
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
REPEALING SECTIONS 3300 THROUGH 3333 OF THE DOWNEY
MUNICIPAL CODE AND 3352 THROUGH 3359, AND ADDING SEC-
TIONS 3300 THROUGH 3333 AND SECTIONS 3352 THROUGH 3360
ADOPTING THE UNIFORM FIRE CODE, 1979 EDITION OF THE
INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND
WESTERN FIRE CHIEFS ASSOCIATION AND PROVIDING FOR
ADDITIONS, DELETIONS AND AMENDMENTS TO SAID CODE
ORDINANCE NO. 636
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADDING SECTIONS 8204, 8218, 8225, AND 8230.2; AMENDING
SECTIONS 8200, 8202.1, 8206, 8208, 8209, 8210, 8211,
8213, 8214, 8219, 8221.1, 8221.3, 8222.1, 8240, 8241.1,
AND 8246; REPEALING SECTIONS 8207, 8220, 8221.2, 8223,
8224, 8226.1, 8228, 8230, 8230.1, 8231, 8231.1, 8232,
8233, 8234, 8235, 8236, 8239.05, 8239.2, 8241, AND
8241.3; AND ADOPTING BY REFERENCE THE 1979 UNIFORM
BUILDING CODE
ORDINANCE NO. 637
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 8300 AND ADOPTING BY REFERENCE THE
1979 UNIFORM HOUSING CODE
ORDINANCE NO. 638
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
REPEALING SECTION 8502, AMENDING SECTION 8500; AND
ADDING SECTIONS 8504 AND 8505; AND ADOPTING BY
REFERENCE THE 1979 UNIFORM PLUMBING CODE
Council Minutes 11/12/80 (adj.) -1-
ORDINANCE NO. 639
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 8700 AND ADOPTING BY REFERENCE THE
1979 UNIFORM MECHANICAL CODE
ORDINANCE NO. 640
i
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 8800 AND ADOPTING BY REFERENCE THE
1979 DANGEROUS BUILDINGS CODE
ORDINANCE NO. 641
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING BY REFERENCE THE 1979 UNIFORM SOLAR ENERGY CODE
ORDINANCE NO. 642
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 8901 AND ADDING SECTION 8901.1 TO
BUILDING AND PROPERTY REHABILITATION
ORDINANCE NO. 643
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 8417.1 OF THE NATIONAL ELECTRICAL CODE
Mayor Jackman inquired if the City Clerk had the Proofs 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 Proofs.
Mayor Jackman asked if the City Clerk had received any correspondence on this
matter, and the response was no.
There being no one present wishing to speak to the proposed Ordinances, it was
moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to
close the hearing.
RESOLUTION NO. 3890
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING EXPRESS FINDINGS REGARDING MODIFICATION OF
UNIFORM CODES FOR BUILDING REGULATIONS
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. 3890.
It was moved by Councilman Mackaig and seconded by Councilman Swearingen to
waive further reading of the Ordinances.
It was then moved by Councilman Mackaig, seconded by Councilman Swearingen,
and passed by unanimous vote to adopt Ordinance Nos. 635, 636, 637, 638, 639, 640,
641, 642, and 643.
Mayor Jackman opened the hearing on Appeal to Zone Variance #135, 8420
Eucalyptus Street. He inquired 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 location of the property and the request to develop
the lot into two single family homes. The property has 9500-9600 square feet of
area, and the Code requires 10,000 square feet. He said before the City incorpora-
ted, the County had permitted two houses to a lot over to Patton Road from Everest
to Donovan and somewhat further. Mr. Goggin reviewed the development of the
surrounding area and stated the neighborhood in general does not want extension of
this type of development on the street.
Council Minutes 11/12/80 (adj.) -2-
Items of correspondence received by the Council were submitted to the City
Clerk to be placed in the record of this hearing.
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so
ordered to receive and file the correspondence.
Mayor Jackman inquired if there was anyone present to speak in favor of the
appeal.
Mr. Fred Mastri, 8331 Everest, feels the zone variance should be granted
since others have been granted and set a precedent.
Councilman Mackaig stated for the record that every case should stand on its
own and he has never voted at one time to set a precedent.
Mr. Frank Gasdia, 10243 Paramount Boulevard, attorney representing the appel-
lants, submitted a petition of 135 signatures favoring the variance. He described
the size of the two homes proposed to be built and submitted for evidence a design
sketch of the two homes. He pointed out the current structure on the property is
an eyesore and noted other properties in the area having two residences to a lot.
Mr. Gasdia also submitted a map of the surrounding area with the lots colored in
yellow noting two residences to a lot. He said considering present usage of the
area and the desire of the appellants to build two houses which will be helpful to
the neighborhood, that to deny the appeal would be denying something other home-
owners have been granted, some of which are larger or smaller than the lot in
question.
There being no one else to speak in favor, Mayor Jackman asked if there was
anyone present to speak in opposition.
Mr. Walt Temple, 12345 Glynn Avenue, displayed a map of lots in the neighbor-
hood showing how they are developed and also submitted several petitions in
opposition to the appeal. He noted the area is attempting to develop large single
family homes and that the proposal for two small houses on a lot is not consistent
with the way the neighborhood is going. He presented a color coded map of the area.
Mr. William Ewart, 8433 Everest Street, feels that allowing the variance would
affect not only the immediate area but Downey as a whole, and if this is allowed,
others will follow suit. He indicated it might slow or stop the trend toward re-
modeling older, smaller homes, or rebuilding new, larger homes. He further expressed
his opposition to the appeal and submitted a petition containing 29 signatures
against granting the zone variance.
Mr. Albertus Hoogeveen, P. O. Box. 222, Downey, said he lives immediately adja-
cent to the property in question, and he commented on improvements that have been
made to various homes in his neighborhood. He also submitted a petition containing
20 signatures against the zone variance and asked people in the audience against
the appeal to stand. Approximately nine people stood up.
There being no one else to speak in opposition, Mr. Gasdia was granted time
for rebuttal.
Mr. Gasdia questioned whether there might be a duplication of signatures on
the petitions submitted. He mentioned of the two homes proposed for the lot,, the
owner plans to live in the front house, her daughter and family will occupy the
home in the rear, and it is not proposed that the two residences e built as rentals.
Mr. Fred Mastri, 8331 Everest, said his property has two residences, as well
as the lot to the east, west, and two lots across the street. He stated the pro-
posal is to upgrade the neighborhood, not downgrade it, and he questioned using
the area outside the 500 foot radius for making a comparison.
When Mr. Temple rose again to speak in opposition, Mr. Newton advised that if
additional opposition is presented, there must be further opportunity for rebuttal.
Mr. Walt Temple explained he used the area outside the 500 foot radius to
show an overall picture of the neighborhood. He said there are properties in the
immediate areas with two homes on a lot and that many of them are old --very few
new ones have been granted.
Speaking again in rebuttal, Mr. Gasdia indicated his clients do not intend to
rent the property, and it is better to have two nice homes on a lot. He said two
homes on a lot on Donovan Street were granted by zone variance within the past year
or so.
COElncil Minutes 11/12/80 (adj.). -3-
f. yc
There being no one else wishing to speak, 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 Quinn, and
passed by unanimous vote to deny the Appeal to Zone Variance #135.
CONSENT CALENDAR
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by the following vote to approve the Consent Calendar:
Minutes: Regular Meeting of October 28, 1980.
Correspondence from Public Utilities Commission regarding Amendment to Appli-
cation #59869 of Southern California Gas Company for Solar Financing Program,
Rejection of Legal Claim: Ref, $488, Southern California Edison Company.
General Warrants: #186616 - 186837; #207566 - 207597: $1,183,869.40.
RESOLUTION NO. 3887
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
COMMENDING RICHARD C. CUMMING ON HIS APPOINTMENT TO THE
DOWNEY MUNICIPAL COURT
\ AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman
ORAL COMMUNICATIONS (Items not on Agenda)
Mr. Gordon A. Green, 7958 Brookmill Road, cited a fifth wheel trailer parked
in a church lot at approximately 11449 Paramount Boulevard, which he said is hooked
up for sewer and electricity and people are living in it. Referred to staff.
Mr. Green also cited the absence of a center line on Rives Avenue between
Stewart & Gray Road and south of railroad tracks near Firestone. Referred to staff.
Mr. Kevin Ketchum, 108 West Victoria, Carson, said he is speaking on behalf of
Mr. Michael Goland, President of Balboa Construction Company, who owns the property
located on the former Flood Control Channel between Foster Bridge Road and Suva
Avenue and is requesting a mini -warehouse at this location. He inquired regarding
the status of the request for zone change and the proposed permissive initiation
ordinance so that Mr. Goland can proceed with his plans.
Mr. Thompson outlined the problems that have occurred regarding the question
of annexation and de -annexation with the City of Bell Gardens and said a survey is
being made to determine exactly where the City's boundary is located. He explained
everything possible is being done.
Mayor Jackman declared a recess from 8:37 p.m. to 8:44.p.m. The meeting
resumed with all Council Members present.
ORDINANCES
ORDINANCE NO. 644
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
PROVIDING FOR THE GRANTING OF FRANCHISES FOR CABLE
TELEVISION SYSTEMS
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 adopt Ordinance No. 644.
The Ordinance pertaining to Display of Obscenity Publications was removed
from the Agenda.
RESOLUTIONS
RESOLUTION NO. 3888
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING FINAL PARCEL MAP NUMBER 13576, APPROVING AN
AGREEMENT WITH THE DEVELOPERS AND ACCEPTANCE OF A
SAVINGS ACCOUNT PASSBOOK IN LIEU OF SURETY BONDS
(Northeast corner Gallatin Road and Lakewood Boulevard)
Council Minutes 11/12/80 (adj.) -4-
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. 3888.
RESOLUTION NO. 3889
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
OPPOSING THE ALTERNATIVES PROPOSED IN THE "ISSUES IN
PLANNING SERVICES FOR CALIFORNIA'S CHILDREN AND YOUTH"
PREPARED BY THE OFFICE OF STATEWIDE HEALTH PLANNING
AND DEVELOPMENT
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. 3889.
.CASH CONTRACTS
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by unanimous vote to award a unit price contract totaling $68,659 to Vernon
Paving of Cerritos, the lowest and best bidder, under Cash Contract #464,
Residential Street Resurfacing (A/C #21-13971).
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by unanimous vote to award a unit price contract totaling $71,965.27 to
Copp Contracting, Inc., of Norwalk, the lowest and best bidder, for construction of
street improvements under S.S. Project #340, Century Boulevard between Rosecrans
Avenue and Lakewood Boulevard, contingent upon deposit of funds by Nationwide
Theatres Corp. for its share of work (A/C #26-1-6210 & #21-15013). (It was noted
the funds have been received from Nationwide Theatres.)
MISCELLANEOUS ACTIONS
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by unanimous vote to authorize payment of $5,511 as the city's hard match
for a continuing LEAA grant for the Cerritos Corridor Juvenile Diversion Project.
It was moved by Councilman Mackaig, seconded by Councilman Quinn, and so
ordered to set a hearing on Appeal to Zone Variance #141, 12204 Marbel Street, for
7:30 p.m., December 9, 1980, in the Council Chamber of the Downey City Hall.
It was moved by Councilman Mackaig, seconded by Councilman Quinn, and so
ordered to set a hearing on Appeal to Zone Variance #142, 9459 Raviller Drive, for
7:30 p.m., December 9, 1980, in the Council Chamber of the Downey City Hall.
It was moved by Councilman Mackaig, seconded by Councilman Quinn, and so
ordered to set a hearing on Appeal to Zone Variance #143, 10226 Lakewood Boulevard,
for 7:30 p.m., December 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 Zone Change Case #165, 13235 Woodruff Avenue, for
7:30 p.m., November 25, 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 Zone Change Case #166, 10913 LaReina Avenue, for
7:30 p.m., November 25, 1980, in the Council Chamber of the Downey City Hall.
It was moved by Councilman Mackaig, seconded by Councilman Cormack, and passed
by unanimous vote to approve Special Election Appropriation of $1100 from the
Unappropriated Reserve of the General Fund into Acount #10-4-1130.0700 for cost of
verifying petition signatures for recall in Councilmanic District 4.
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so
ordered to set a hearing on Enforcement of Handicapped Parking Violations on Pri-
vate Property for 7:30 p.m., November 25, 1980, in the Council Chamber of the
Downey City Hall.
CITY MANAGER"S REPORT
It was moved by Councilman Mackaig, seconded by Councilman Quinn, and so
ordered to set a hearing on the Disposition and Development Agreement with Hometel
Council Minutes 11/12/80 -5-
and Republic Development Corporation for 7:30 p.m., December 9, 1980, in the
Council Chamber of the Downey City Hall.
Mr. Thompson reported that pursuant to the Council's request for staff to set
up a competitive bid arrangement for Police Vehicle Maintenance, a program is under
way at this time, and proposals have been sent out to several prospective bidders.
Staff will report back on the results of the proposals.
i
ORAL COMMUNICATIONS - City Council
Councilman Cormack commented on the need for cleaning trash and wet leaves from
the streets and gutters on the "island," some of which he said appears to have been
there for some time. Referred to staff.
Mayor Jackman commented he has checked with the County Sanitation District re-
garding odors emanating from some of the City's sewers on Tweedy Lane and Rives.
He requested a report back from Mr. Ralph.
Mr. Ralph explained the Sanitation District at this time is conducting a study,
and when the study is complete they will request funding for a filtering system, two
of which will be in the City of Downey. The cost for a pair of filters is approxi-
mately $1 million, and actual construction is probably over a year away. He further
explained the odor does not have anything to do with cleanliness but is the result
of chemical changes taking place in the sewage.
ORAL COMMUNICATIONS - Audience: None
There being no further business to come before the City Council, the meeting
was adjourned at 9:01 p.m.
]2LV_LLz_z
Robert L. Shand, Cilty Clerk -Treasurer
Council Minutes 11/12/80 (adj.) -6-