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Home My WebLink AboutMinutes-12-23-80-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 23, 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 DMC re Zone Change Case #167 (8840-70 Lindell Av.) Introduced 1 Minutes: Regular Meetings of November 25 and December 9, 1980 Approved 2 Correspondence from Assemblyman Young re Downey's Res. opposing Issues in Planning Services for California's Children & Youth Filed 2 Rejection of Legal Claims: Ref. #499, 500, 501, 502 & 503 Approved 2 CC #465, Gutter Const. on Rives, Quoit & Norlans: Plans, specs & auth. to adv. Approved 2 General Warrants: #187601 - 188268 #207688 - 207714 Approved 2 Res. #3902, Apprvg. Filing of Appl. for Grant Funds under Solid Waste Managemt. Act of 1980 Adopted 2 Mr. Dave Reich, Beekeeper: Request for collecting more than one swarm before taking bees to out yard To be contacted by staff 2 Ord. #650, Amending DMC & Adding Sec. 9133 re Zoning (Condominium Conversions) Adopted 3 Ord. 651, re Downey Arts Council Adopted 3 Res. #3903, Apprvg. & Adopting 1978-79 Base Yr. Appropriatns. Limit & Annual Approp. Limit for 1980-81 Adopted 3 Res. Calling & Giving Notice of Holding Spec. Mun. Election - Recall, & Res. Requesting Bd. Supervisors to Permit Registrar/Voters to render Specified Withdrawn from Agenda because Services f/Recall Election of cont'd. Court hearing 3 Res. #3904, Granting Zone Variance #142 (9459 Raviller Dr.) Adopted 3 Res. #3905, Granting Zone Variance #143 (10226 Lakewood Bl.) Adopted 4 Transfer of Funds for Independence Park Imprvmts. & change of scope of SB 174 Open Space Block Grant Funds in order to com- plete as much const. imprvmts. possible in contract to be awarded in January 1981 Approved 4 Auth. City Manager enter into Agreement w/L.A. County Superintendent of Schools for City to provide Afterschool Recreation Activities for Hearing Impaired; auth. City to receive funds; & auth. establishmt. of expenditure Acct. f/disbursmt. of funds per terms of agmt. Approved 4 Req. by Robert Farrell of L.A. City Council & Pres.-Elect of Independent Cities Assn. Mayor Jackman volunteered to serve; f/Downey elected officials to participate also possibly Councilman Quinn & on six standing committees Cormack 4 Page 1 of 2 COUNCIL MINUTES, DECEMBER 23., 1980 TABLE OF MINUTE ACTIONS .(CONTINUED) SUBJECT: Reappointment of Thomas H. Morton to Southeast Mosquito Abatement Dist. Resignation of James Fox from Design Review Bd. City Clerk to publish on December'31st list of Council (board, commission or committee) openings occurring in subse- quent year Councilmen Quinn, Swearingen & Mackaig comment re recent newspaper articles Councilman Cormack submitted report from Urban Council of Hong Kong for City Manager & Council review Study Session re Sign Ordinance Hearing on Disposition & Development Agmt. w/Republic Development Co. Meeting adjourned to 5:00 p.m., December 29, 1980, in Council Chamber Meeting adjourned in memory of Mrs. Alberta Pfeiffer, former City Clerk ACTION: PAGE NO. Approved 4 Mayor Jackman to make new appointment 4 4 5 5 Set for December 29th at 5:00 p.m. 5 Set for January 13, 1981 5 5 5 Page 2 of 2 6 wc, MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 23, 1980 The City Council of the City of Downey held a regular meeting at 7:30 p.m., December 23, 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 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 Harry i2ayson, Building Official Harald J. Henriksen, City Engineer Charles G. Eccleston, Traffic Engineer John H. Saunders, Personnel Officer Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Mayor Jackman. The'Flag Salute was led by Councilman Mackaig. HEARINGS Mayor Jackman opened the hearing on Zone Change Case #167, 8840-8870 Lindell 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 Counci man Mackaig, and so ordered to c ��r�,y. rece��c c ( F�(z �.��--F_ j �1 Mr. Goggin reported on the location of the property, which he said, is a large apartment complex located adjacent to the northerly off -ramp of the Santa Ana Freeway. The request is to change the zone_ from C-1 to R-3 so that the property will then be a conforming use Councilman Cormack asked what is planned forthestreet that crosses Lakewood between the Santa Ana Freeway and Telegraph Road? He was informed that a traffic signal will be installed at that location in conjunction with other street improve- ments on Lakewood Boulevard to be performed by the ,State during 1981. Mayor Jackman inquired if there was anyone present to speak in favor of the zone change. Mr. Bruce Thurber, representing L'Abri Management, 8141 Second Street, commented that numerous improvements have been made at the apartment complex, both on the interior and exterior. They are requesting the conforming use so that the property can be further upgraded and an addition made to the front office building for the manager's apartment. There was no one present to speak in opposition. No correspondence was received on this matter. 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. 167) Council Minutes 12/23/80 -1- 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. 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 November 25, 1980, and December 9, 1980. Correspondence from Assemblyman Bruce Young acknowledging receipt of Downey's Resolution opposing Issues in Planning Services for California's Children and v..., of Legal Claims: Ref. #499 & #500, Maria and Johnny Flores #502, and #503, Debra Jovice Goodkniaht: Allen & Shawnta Go Cash Contract #465, Gutter Construction on Rives and grant 1-13972). General Warrants: #187601 - 188268; #207688 - 207714: $882,217.60. RESOLUTION NO. 3902 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FILING OF AN APPLICATION FOR GRANT FUNDS UNDER THE SOLID WASTE MANAGEMENT ACT OF 1980 AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman ORAL COMMUNICATIONS - Items not on Agenda Mr. Dave Reich, 11803 Bellman, referred to Section 4292 of the Downey Municip- Code concerning harboring or maintaining wild or vicious animals. He cited a proh lem involving beekeepers in the City of Downey who operate in conjunction with Southeast Animal Control, noting it is economically unfeasible to collect and transport a swarm of bees to Riverside and would request that the beekeepers working in conjunction with the Animal Control be permitted to accumulate two or three swarms and then take them to the out yards. Mr. Reich pointed out the swarm season will be coming in March, and the beekeepers get up to 100 calls per season. The three beekeepers utilized by Animal Control all live in Downey. He cited a County regulation concerning extermination of bees only through certification of a beekeeper. A colony of bees has been established 'in Wilderness Park. Mr. Reich again requested the beekeepers be allowed to collect several swarms before making the trip to the Riverside out yard. Mr. Thompson said with the Council's permission, staff will meet with Mr. Reich or the Beekeepers Association to work out a solution and report back to Council. Mr. Reich suggested there is vacant land in the City, such as by the Rockview Dairy, which would be suitable as a holding area for the swarms until they are moved. Councilman Cormack would like to be advised of any meetings to be held. Councilman Mackaig suggested that Mayor Jackman, Downey's representative on the Animal Control, be on the committee with Councilman Cormack and bring back a recommendation to the rest of the Council. Mr. Reich was asked to leave his name and address with the City Clerk and was told he would be contacted. Mayor Jackman declared a recess from 8:20 p.m. to 8:29 p.m. The meeting resumed with all Council Members present. Council Minutes 12/23/80 -2- %/ y ORDINANCE NO. 650 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING SECTIONS 9110.j10(e), 9114.04(e), 9114.08(b), 9118.08(h) AND (i), 9120.06(1) AND (j), 9122.06(m) AND (n), 9124.06 (a g) AND (a h), 9126.06(i) AND (j), 9128.08 (q) AND (r), 9130.08(q) AND (r); AMENDING SECTIONS 9132.04(b) AND ADDING (d) AND (e), 9132.10(d) AND ADDING (e) AND (f); THE RENUMBERING OF THE ABOVE SECTIONS AND THE ADDING OF SECTION 9133, ALL OF WHICH RELATES TO ZONING (CONDOMINIUM CONVERSION§) 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 the following vote to adopt Ordinance No. 650. Councilman Swearingen asked the Council Members if they would like to conduct quarterly meetings with the Planning Commission. Councilman Mackaig concurred. Mayor Jackman said he would not object if it was a request of the Commission. Councilman Swearingen feels the meetings could bring about better communica- tions between the Council and Commission. Mayor Jackman suggested the Council discuss it with the Commissioners and said he will discuss it with the Chairman to see how he feels about it. AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman ORDINANCE NO. 651 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING PART 8 TO CHAPTER 4 OF ARTICLE 2 OF THE DOWNEY MUNICIPAL CODE CONSISTING OF SECTIONS 2480 THROUGH 2484, WHICH SECTIONS RELATE TO THE DOWNEY ARTS COUNCIL The Ordinance 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 Ordinance No. 651. RESOLUTIONS RESOLUTION NO. 3903 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING THE 1978-79 BASE YEAR APPROPRIATIO: LIMIT AND THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 1980-61 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. 3903. The Resolutions Calling and Giving Notice of Holding a Special Municipal Election - Recall of City Officer, and Requesting Board of Supervisors to Permit Registrar of Voters to render Specified Services for Recall Election were withdrawn from the Agenda because of the continued Court hearing on the matter. RESOLUTION NO. 3904 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING ZONE VARIANCE NO. 142 (9459 RAVILLER DRIVE) The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Quinn to waive further reading. Council Minutes 12/23/80 -3- 6 �/ 0i It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed by the following vote to adopt Resolution No. 3904. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman NOES: 1 Council Member: Cormack RESOLUTION NO. 3905 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING ZONE .VARIANCE NO. 143 (10226 LAKEWOOD BOULEVARD) 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. 3905. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackmgn NOES: 1 Council Member: Cormack MISCELLANEOUS ACTIONS It was moved by Councilman Swearingen, seconded by Councilman Cormack, and passed by unanimous vote to approve the Transfer of Funds for Independence Park Improvements and change of scope of S.B. 174 Open Space Block Grant Funds (#BG-19-364 and BG 19-452)(A/C #17138) in order to complete as much construction improvements as possible in the contract to be awarded in January, 1981. It was moved by Councilman Swearingen, seconded by Councilman Cormack, and passed by unanimous vote to authorize the City Manager to enter into an agreement with the Los Angeles County Superintendent of Schools for the City to provide A_fterschool Recreation Activities for the Hearing Impaired; authorize the City to receive funds not to exceed $9,726 to be deposited in Downey City Revenue Account #10-37540; and authorize the establishment of expenditure Account #10-4-4370 Selaco-Recreation for the disbursement of funds per terms of the agreement. A letter from Robert Farrell of the Los Angeles City Council and President- elect of the Independent Cities Association of Los Angeles was distributed to the Council. The letter solicited the cooperation and involvement of Downey elected officials to participate on six standing committees of Independent Cities. A response was requested by January 2nd. A brief discussion was held regarding when the committee meetings are held. Mayor Jackman volunteered to serve. Councilman Cormack said he is considering it. Councilman Quinn indicated he would be willing if he can work it into his schedule. Mr. Thompson was instructed to contact Mr. Farrell's office. REPORTS - None ORAL COMMUNICATIONS - City Council It was moved by Councilman Swearingen, seconded by Councilman Ouinn, and so ordered to reappoint Mr. Thomas H. Morton to the Southeast Mosquito Abatement District. During discussion, Councilman Cormack stated for the record he has heard nothing but good reports about Mr. Morton. Councilman Swearingen reported on receipt of a letter from Mr. James Fox, who has resigned from the Design Review Board. Mayor Jackman mentioned Mr. Fox was his appointee, and he will see that some- one else is appointed. Mr. Shand stated that under the State Code, on December 31st of each year, the City Clerk publishes a list for the Council of all openings that will be Council Minutes 12/23/80 -4- � 7�0 Councilman Swearingen asked if the report and questionnaire from the League of California Cities has been taken care of concerning the AB-8 Bail -out Funds, and Mr. Thompson replied yes. Councilman Swearingen requested that a check in the amount of $1411 received by the Fire Department from the Downey women 's Club be acknowledged. He was ad- vised this has been done. Councilman Quinn spoke regarding recent newspaper articles stating he votes with Councilman Mackaig and that there is a coalition between Councilmen Mackaig, Swearingen, and Quinn, which he said is not true. Also, he referred to an article that he is backing the recall committee against Mr. Mackaig, and he stated for the record that he does not think the recall and the recall committee are good for the City of Downey. Councilman Swearingen agreed with Councilman Quinn. Councilman Mackaig stated for the record that he has been quoted as saying, "he has the Council in his pocket," which he said is a "ball face, unadulterated lie." Councilman Cormack submitted a report from the Urban Council of Hong Kong for the City Manager's review and suggested it might be of interest to the rest of the Council. He mentioned he has slides of signs in Hong Kong, which are a good example of what can happen when there is no control. A study session on the Sign Ordinance was set for 5:00 p.m., December 29, 1980. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to set a hearing on the Disposition and Development Agreement with Republic Development Company for 7:30 p.m., January 13, 1981, in the Council Chamber of the Downey City Hall The meeting was adjourned at 8:52 p.m, to 5:00 p.m., December 29, 1980, in the Council Chamber of the Downey City Hall, and in memory of Mrs. Alberta Pfeiffer, former City Clerk, who passed away on December 9, 1980. Robert L. Shand, City Clerk -Treasurer eodore H. Jackman, Mayor I Council Minutes 12/23/80 -5-