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HomeMy WebLinkAboutMinutes-01-13-81-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 13, 1981 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION- PAGE N0. Res. #3906, Repealing Res. #3897 & Making Findings req. under Sec. 33433 of Calif. Health & Safety Code re Disposition & Development Agmt. w/Republic Dev. Co. Adopted 1 Appeal, Zone Variance #141, 12204 Marbel St. Hearing closed; subm, to next mtg. 3 Res. #3907, Confirming Assmts. for Chptr. Adopted; City's Legislators to 27 Prcdgs. on DIP #710, N/s Century B1., be contacted re obsolete interest 14337 Lakewood Bl. rate 3 Res. #3908, Ord. Annex. to Ltg. Maint. Dist. AD 121 (Annex 81/1) Adopted 3 Minutes: Reg. Mtg., December 23, 1980; & Adj. Reg. Mtg., December 29, 1980 Approved 4 - Rejection of Legal Claims: Ref. #504, 505, & 484 Approved 4 General Warrants: #188269 - 188563 #207715 - 207766 Approved 4 Tract Map 438862, Alameda St. at Downey Av.: Accept improvements constructed Approved 4 Mr. David Reich re Ord. on Bees To contact City Manager 4 Ord. #652, Amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #167) (8840-8870 Lindell Av.) Adopted 4 Res. #3909, in.Memory of James L. Stamps, First Mayor of Downey Adopted 4 SS Proj. #340, Century Bl., Lakewood/Rosecrans: Extra work & maint. responsibility Approved 4 Annual Transportation Imprvmt. Program (TIP): Federally funded projects to be Incl. in submittal Approved 4 Decl. of Public Parking Lot #11 (AD 66, Area 3, N/s Firestone, 300' E/o Dolan, as surplus AD property Hearing set for January 27, 1981 5 Req. of Day & Nite Yellow Cab Co. for Rate Increase Approved 5 Appeal, ZV #151, 7915 Florence (Sav-On) Hearing set for January 27, 1981 5 Proposed amendments to Sign Sec. of DMC Hearing set for February 10, 1981 5 Auth. sale of City -owned lot on Stewart & Gray at SPRR R/W for $835 to Feeser-walker Approved 5 Req. for Resols. f/Mr. Richard Russell & Mr. Robert Villa So ordered 5 Cn. Cormack cited need for local movie theatres & other business to keep their establishments clean 5 Council & public invited to groundbreaking ceremony on January 22nd, 11:30 p.m., at Rio Hondo Golf Course 5 Page 1 of 2 COUNCIL MINUTES, JANUARY 13,.'1981 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: Cn. Cormack & Mayor Jackman comment re complaints on art display at Downey Art Museum Executive session re litigation Meeting adjourned in memory of James L. Stamps, first Mayor of Downey, and .. Donald S. Riggs, active City committee . member & volunteer ACTION: PAGE NO. 6 6 6 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 13, 1981 The regular meeting of the City Council of the City of Downey scheduled for 7:30 p.m., January 13, 1981, in the Council Chamber of the Downey City Hall, was called to order at 8:46 p.m. by Mayor Theodore H. Jackman. 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 Martin Mayer, City Prosecutor William A. Goggin, City Planner Harry Rayson, Building Official Harald J. Henriksen, City Engineer Charles G. Eccleston, Traffic Engineer John H. Saunders, Personnel Officer Don Wagner, Administrative Assistant Thomas Tincher, Housing & Redevelopment Coordinator Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend Betty Neilan, First Baptist Church. The Flag Salute was led by Councilman Cormack. HEARTN(;S Mayor Jackman opened the hearing on Downey Redevelopment Project evelopment Agreement with Republic Development Company. He inqu. 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. Tincher reported this matter was heard and considered previously by the City Council. However, due to an error in the published legal notice, it is re- quired that the Council conduct the hearing again. The action before the Council is to repeal its previous action and make the necessary findings relative to the terms of the Agreement with _Republic on the Firestone/Dolan office project. Mayor Jackman inquired if the City Clerk had received any correspondence, and the response was no. There being no one present wishing to speak to the Disposition and Development Agreement, it was moved by Councilman Mackaig, seconded by Councilman Quinn, and so ordered to close the hearing. RESOLUTION NO. 3906 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING RESOLUTION NO. 3897 AND MAKING THE FINDINGS REQUIRED UNDER SECTION 33433 OF THE CALIFORNIA HEALTH AND SAFETY CODE WITH RESPECT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH REPUBLIC DEVELOPMENT COMPANY The Resolution was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Cormack to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Cormack, and passed by unanimous vote to adopt Resolution No. 3906. The Community Development Commission hearing on the Disposition and Development Agreement with Republic Development Company will be conducted at the end of the Council Meeting. Council Minutes 1/13/81 -1- Mayor Jackman opened the hearing on Appeal to Zone Variance #141 12204 Marbel Street, which was continued from the regular meeting of December 9, 1980. He in- quired 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 described the location of the property and said the request is for approval of an extended width of the driveway. The Planning Commission denied the request and the appeal was filed after conversations between the applicant and the City Prosecutor. The work was done without permit. Mayor Jackman inquired if the City Clerk had received any correspondence, and the response was no. Mayor Jackman then asked if there was anyone present to speak in favor of the appeal. Mr. Dale Jones, 12204 Marbel Street, submitted photographs of his property and others on the street for the Councils review. To his knowledge there have been no objections by the property owners within 500 feet of his property. He men- tioned his driveway is 16 feet wide in its original condition, which does not leave room to get in and out of two vehicles whey they are parked side by side in the driveway. Mr. Jones noted the driveways in the tract are slanted, which he feels is a malfunction in the City Code for this tract. Everyone is trying to modify their driveways. Two homes directly across the street from him have widened their driveways, and Mr. Jones has corrected what he considered to be a malfunction of his expensive home. He commented on the number of vehicles owned by other resi- dents on the street. Responding to questions, Mr. Jones said his driveway has been widened for approximately six -to -seven months. He has five vehicles, and there are 28 automobiles owned by the first eight homes on his block, many of which are parked on the street in the evening. He said the driveway, as the Downey Code permits, is not wide enough for two standard vehicles. Councilman Quinn said he drove through the tract and eight out of ten homes on the street have also widened their driveways. Mr. Goggin pointed out the Code permits a driveway equal to the width of the garage door. Some of the homes in the tract have put the entrance walkway to the front door next to the driveway, which is done with a different type of material and is legal. Mr. Jones has the only driveway violation in the tract. Mr. Goggin also distributed photographs for the Council's review and pointed out this is not a simple request for a driveway but is a case of five Code violations, which have been turned over to the City Prosecutor for prosecution. Mr. Jones explained his original argument with the City involved the parking of an antique Studebaker in his driveway. The vehicle is now parked in his garage. Mr. Sorensen said the matter before the Council does not concern Code viola- tions, but whether findings can be made to grant a zone variance on the driveway. Mr. Doug Smith, 16405 Cornuta, Bellflower, said Mr. Jones' house is attractive, is well landscaped, and the driveway is not wide enough for two vehicles. Mrs. Monica Jones, 12204 Marbel Street, requested the wider driveway, noting the difficulty in trying to find a place to park on the street. Also, she said her mother is handicapped and cannot get through the driveway with two cars parked on it. There being no one else present to speak in favor, Mayor Jackman then asked if there was anyone present to speak in opposition. Mr. Mayer, the City Prosecutor, explained this matter was brought to his atten• tion in May, 1980, which initially involved an inoperable Studebaker parked in Mr. Jones' driveway. During an office conference with Mr. Jones, they came to two — agreements: One, that Mr. Jones would remove the Studebaker by May 18th; and two, that he would apply for a zone variance. He pointed out Mr. Jones put in the drive- way addition without permit, and he could have applied for a permit and variance in the beginning rather than violating the Code and installing the driveway and then not responding when approached by several City departments. Mr. Mayer commented on further discussions with Mr. Jones concerning parking vehicles in his garage and of Mr. Jones' feeling that since other people have widened their driveways he should be allowed to do the same. The City's Code Enforcement Officer conducted an investiga- tion on May 29th, at which time Mr. Jones was informed there are no other houses in that tract in violation. Mr. Mayer cited the difficulty he had in getting Mr. Jones Council Minutes 1/13/81 -2- to respond to his contacts beginning on June 3rd. Mr. Jones did respond after August 21st, saying he would come in and apply for the permit, but did not do so until September llth, at which time he also applied for the zone variance. Councilman Quinn said eight other properties on the street have added walkways to the side of their driveways, which in essence is widening the driveway. Councilman Cormack feels Mr. Jones is setting a pattern for others in the area. He would not want to vote on this tonight, but would like to take another look at the property and give this matter further thought. During discussion, Councilman Quinn raised a question about whether Mr. Jones would be able to modify the parking pad addition to make it a walkway.. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to close the hearing. Council action on the appeal was taken under submission to the next meeting. Mayor Jackman opened the hearing on Downey Improvement Project No. 710 north side of Century Boulevard at 14337 Lakewood Boulevard. He inquired if the City Clerk had the Affidavit of Posting of Notice and Mailing, and the response was yes. Mayor Jackman then inquired if the City Clerk had received any written protests or objections against the improvements, and the response was no. Mr. Henriksen reported on the improvements constructed and the total amount to be assessed to the property owner. There being no one present wishing to speak in protest to the improvements, it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing. RESOLUTION NO. 3907 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENTS FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 710, N/s CENTURY BOULEVARD, 14337 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. 3907. Councilman Cormack inquired regarding the low interest rate of 7 percent. He was informed the Streets and Highways Code requires a maximum of 7 percent. It was suggested the City's Legislators be contacted regarding this obsolete interest rate. AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman Mayor Jackman opened the hearing on Lighting Maintenance District AD 121, Annexation 81/1 - Rives Avenue. He inquired if the City Clerk had the Affidavit of Posting and 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 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 Annexation, it was moved by Councilman Mackaig and seconded by Councilman Swearingen to close the hearing. RESOLUTION NO. 3908 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN AREA INTO 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 (ANNEXATION 81/1) Council Minutes 1/13/81 -3- �Z2V 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. 3908. CONSENT CALENDAR It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to approve the Consent Calendar: 1980, and Adiourned 29, 1980 Hermosillo; Ref. #505. Maraarita and Ref. 4F484, Ruth General Warrants: #188269 - 188563; #207715 - 207766: $1,277,786.73. Tract Map #38862, Alameda Street at Downey Avenue: Accept improvements constructed. AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman ORAL COMMUNICATIONS (Items not on Agenda) Mr. David Reich, 11803 Bellman, said he spoke to the Council last month concern- ing the Ordinance relating to bees. Mr. Thompson indicated he made several attempts to contact Mr. Reich but to no avail, and he requested Mr. Reich call him at his convenience. ORDINANCES ORDINANCE NO. 652 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) (8840-8870 LINDELL AVENUE) 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. 652. RESOLUTIONS RESOLUTION NO. 3909 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY IN MEMORY OF JAMES L. STAMPS, THE FIRST MAYOR OF THE CITY OF DOWNEY The Resolution was read in its entirety. It was moved by Councilman Cormack, seconded by Councilman Mackaig, and so ordered to adopt Resolution No. 3909. CASH CONTRACTS It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to approve extra work in the amount of $613.81 and accept maintenance responsibility for portion of the improvements completed within the City of Downey under S.S. Project #340, Century Boulevard Lakewood/Rosecrans (A/C #26-1-6210 & #21-15013). MISCELLANEOUS ACTIONS It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to approve Federally funded projects to be included in the submittal of the Annual Transportation Improvement Program (T I P ). It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to set a hearing on the declaration of Public Parking Council Minutes 1/13/81 -4- Lot No. 11 (AD 66, Area 3), North side Firestone Avenue, as surplus Assessment District property, in the Council Chamber of the Downey City Hall. evard, 200 feet east of Dole 7:30 p.m., January 27, 1981, Request of Day & Nite Yellow Cab Company for Rate Increase It was moved by Councilman Mackaig and seconded by Councilman Swearingen to set a hearing for 7:30 p.m., January 27, 1981, in the Council Chamber of the Downey City Hall. (See later action, this page.) Mr. Dick Perrin, President of Day & Nite Yellow Cab Company, questioned the - - need for a hearing on his request. Councilman Mackaig indicated he would like to have further time to review this. Mr. Sorensen checked the Code and advised that there is no requirement that a hearing must be held. Mr. Perrin said all the other cities, with the exception of Downey, have approved his request, which is based solely on increases in petroleum and insurance. He is in the process of changing the taxi meters over to the new rates, and if he has to wait two weeks for Downey's decision, he will have to stop his service to Downey. Mr. Perrin referred to a newspaper article concerning the Los Angeles Yellow Cab rate of $3.50 for the first mile. He is requesting $2.00, which he noted will not be adequate if gasoline prices rise again. Following discussion, it was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by the following vote to approve the request for rate - increase by Day & Nite Yellow Cab Company. AYES: 4 Council Members: Swearingen, Quinn, Cormack, Jackman ABSTAIN: 1 Council Member: Mackaig It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to set a hearing on Appeal to Zone Variance #151, 7915 Florence Avenue, for 7:30 p.m., January 27, 1981, 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 proposed Amendments to the Sign Section of the Downey Municipal Code for 7:30 p.m., February 10, 1981, in the Council Chamber of the Downey City Hall. CITY MANAGER'S REPORT - None STAFF REPORTS Mr. Henriksen reported on the offer of Feeser-Walker Company to purchase a small City lot adjacent to its property located on Stewart & Gray Road at the Southern Pacific Railroad Right -of -Way. The developer of the lot adjacent to the City lot is in the process of constructing concrete improvements and would like to include the City lot at the same time. The City lot was left over when Stewart & Gray was constructed in 1969-70, and the City has been attempting to dispose of it for a small sum. This is the first realistic offer the City has had for the 650 square foot parcel. It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed by unanimous vote to authorize sale of the City -owned lot in the amount of $835. ORAL COMMUNICATIONS - City Council Councilman Mackaig requested Resolutions be prepared for Mr. Richard Russell, who is the retiring Public Relations Director and Promotions Manager for Stonewood Shopping Center, and Mr. Robert Villa, outgoing president of the Southeast Bar Association. He will coordinate with the Council's secretary to prepare the Resolutions. It was so ordered. Councilman Cormack commented on the need for local movie theatres and other businesses to keep their establishments clean as they are a reflection on the City. He asked that City staff be encouraged to see that they are cleaned up. Mr. Neavill extended an invitation to the City Council and public to attend a groundbreaking ceremony to be held on Thursday, January 22nd, at 11:30 p.m., at the Rio Hondo Golf Course, followed by a luncheon to be hosted jointly by the con- tractor of the Golf Course improvements, the architect, and the City. Council Minutes 1/13/81 -5- Councilman Cormack said he has received three complaints regarding the art display at the Downey Museum of Art. Mayor Jackman said that is being handled and he also has received complaints. Councilman Cormack feels it should be mentioned to those in control at the Museum that either better taste be practiced or the display shielded from the youth that go through the Museum. Councilman Quinn commended the high school students present in the audience for their attention to the Council Meeting. At 9:57 p.m., the meeting was recessed to executive session to discuss litiga- tion. The meeting resumed with all Council Members present. The meeting was then adjourned at 10:30 p.m. in memory of G9a Rnbert L. Shahid, City Clerk -Treasurer Council Minutes 1/13/81 -6-