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HomeMy WebLinkAboutMinutes-03-10-81-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 10, 1981 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Proclamation designating March 15-21 as Campfire Week in the City of Downey Proclamation observing International Year of the Disabled (also program scheduled March 21st, 12:00 noon, Independence Park) Res. #3925, Commending City Manager Charles W. Thompson 1981 Season Lot Cleaning Program: Order work to be performed in accordance with City Ordinance & State Law Res. #3926, Confirming Assmt. f/Imprvmt. of Leeds St. for AD #120 Minutes, Adj. Reg. Mtg., February 26, 1981 Minutes: Reg. Mtg., February 24, 1981 CC #SS-349 & 355: Upgrading Citywide Traffic Signal Safety Ltg.: Plans & specs & auth. advertise for bids CC #440, Burns Av. - Rives to Paramount: Plans & specs & auth. advertise for bids General Warrants: #189073 - 189631 #207910 - 207955 Corres. from Gary P. McCaughan re Council decision concerning Recall of Official & Sign Ordinance Mr. Edward Hare, rep. of Historical Society, discusses objective to acquire Rives mansion for preservation as museum Mr. Arthur McCullough compliments Council Ord. adding Sec. 3163 to DMC regulating Parking of Vehicles Transporting Hazardous Materials Ord. #654, amending Zoning Map re Zone Change Case #168 (12405-12527 Paramount & 7936-48-56-62-68 Quill Dr.) Ord. #655, amending Zoning Map re Zone Change Case #170 (10015 & 10051 Imperial) Ord. amending DMC re Signs Res. #3927, Agreeing to make up from Local Funds any Shortfall in AB 120 Farebox Recovery reqmt. & any Cost Overrun for the Elderly & Handicapped Transit Services for 1980-1 & 1981-2 Fiscal Years Auth. Submittal of Art. 4.5 Funding Appl. f/Elderly & Handicapped Transit Services for 81-82 Fiscal Year Res. 43928, Denying Dance Permit to Jammers' Junction Adopted Approved Adopted To be placed on next Agenda Approved Approved Approved Approved PAGE NO. 1 1 2 2 2 3 3 3 3 Receipt acknowledged; Cn. Cormack preparing response Introduced Adopted Adopted Introduced Adopted Approved Adopted 3 3 3 3 3 4 4 0 0 4 Page 1 of 2 COUNCIL MINUTES, MARCH 10, 1981 - TABLE OF MINUTE ACTIONS (CONTINUED) Res. #3929, Apprvg. Application for Calif. Parklands Act of 1980 (Golden Park Proj.) Res. #3930, Apprvg. Application for Grant Funds under Roberti-Z'Berg Urban Open -Space & Recreation Program (Calif. Parklands Act of 1980) (Golden Park Project) Request for Appeal, Zone Variance #134, 7826 Fontana St. Accept R/W in Exchange for Street Imprvmts. at 7962 Burns Av. (CC #440) Auth. Mr. Samuel Siegel to represent City in pending lawsuit against SE Area Animal Control Auth., et al, filed by Andersen Const. Co. (Case #54536) Agmt. for purchase of Real Property from School Dist. (formerly Downey Elementary School) & auth. appropriation of funds New Telephone System: Reject all bids on Bid #8213 Mr. Thompson made farewell comments Motion to instruct City Attorney to review Charter Sec. 503 to see whether it interferes w/Constitutional right to Recall Cn. Cormack comments on "trash to power" demonstration to be held in Torrance Cn. Cormack recommends Mayor or Council Member conduct Press Conferences with staff available to provide backup info. Cn. Quinn cites water supply cut-off from Colorado River in 1985 Discussion re funds for Low Cost Housing Cn. Swearingen comments re needs of senior citizens (& pool table for drop -in center at Apollo Park) Cn. Swearingen requests Mayor to set up a joint meeting w/Council & Planning Comm. Meeting adjourned in memory of Mr. George Wilson & Mr. Clarence Mocabee ACTION: PAGE NO. Adopted 4 Adopted 5 Removed from Agenda 5 Approved 5 Approved 5 Approved 5 Approved 5 5 Approved 6 R, To be placed on next Agenda 6 Letters to be sent by Council & Water Bd. to State reps. 6 6 6 6 6 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 10, 1981 The regular meeting of the City Council of the City of Downey scheduled for 7:30 p.m., March 10, 1981, convened at 8:08 p.m, 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 Rayson, Building Official Harald J. Henriksen, City Engineer John H. Saunders, Personnel Officer Charles G. Eccleston, Traffic Engineer Robert Brace, Civil Engineer Thomas Tincher, Housing & Redevelopment Coordinator Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend James Piper, Downey Memorial Christian Church. The Flag Salute was led by Campfire -Rio Hondo Council Rainbow/ Blue Birds. Mayor Jackman presented to members of the Campfire -Rio Hondo Council Rainbow/ Blue Birds and their leader, Jennifer Shiere, a Proclamation designating March 15-21 as Campfire Birthday Week in the City of Downey. Mayor Jackman presented a Proclamation observing the International Year of the Disabled to Bill Warren, Chairman of the Board of Southeast Center for Inde- pendent Living, and Judith Beemiller, Vice President, California Association for the Physically Handicapped, Rancho Chapter. Mr. Warren introduced the Director of the Southeast Center for Independent Living, Mr. Bert Youngman, and mentioned the Center will be a year old this Sunday. He then thanked Mr. Thompson for his undying and unwaivering help to the disabled community and disabled organizations and wished him well in his new post. Mr. Neavill announced that on Saturday, March 21st, 12:00 noon, at Independence Park, there will be a brief program to officially kick-off Downey's recognition of the International Year of the Disabled. The program will include introductions of champions in wheelchair tennis and basketball. The new tennis pro and his wife will also be introduced. RESOLUTION NO. 3925 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY COMMENDING CITY MANAGER CHARLES W. THOMPSON The Resolution was read by title only. It was moved by Mayor Jackman and seconded by Councilman Quinn to waive further reading. It was moved by Mayor Jackman, seconded by Councilman Quinn, and passed by unanimous vote to adopt Resolution No. 3925. HEARINGS Mayor Jackman opened the hearing on 1981 Season Lot Cleaning Program. He inquired if the City Clerk had the Affidavit of Mailing, and the response was yes. Council Minutes 3/10/81 -1- It was moved by Councilman•Mackaig, seconded by Councilman Swearingen, and so ordered to receive and file the Affidavit. Mayor Jackman inquired if the City Clerk had received any written protests, 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 Couucilman Mackaig, and passed by the following vote to order the work to be performed in accordance with City Ordinance and State Law. Councilman Cormack inquired if the lot on Florence directly across the street from Eglise had been cleaned. Mr. Ralph replied he will check into it. AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman Mayor Jackman opened the hearing of protests against the Assessment for Improvement of Leeds Street. He inquired if the City Clerk had the Affidavits of Publication, Posting and Mailing, and the response was yes. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to receive and file the Affidavits. Mayor Jackman asked if the City Clerk had received any written protests or objections. Mr. Shand replied yes and read a letter from Mr. D. Fitzsimons, 7827 Luxor Street, protesting that the driveway approach is not wide enough at 8105-8109 Leeds Street. Mr. Henriksen explained prior to construction on Leeds Street Mr. Fitzsimons approached staff and presented a plan to be followed, and he signed a statement which was attached to the plan. The plan was followed, but Mr. Fitzsimons did not take out a permit for development on his property until after all construction was completed on the street, at which time Mr. Fitzsimons stated he wanted a different location of the aprons. — Mayor Jackman inquired if there was anyone present to speak in behalf of the protest, and there was no response. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to close the hearing. It was then moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to overrule and deny the protest. RESOLUTION NO. 3926 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENT FOR THE IMPROVEMENT OF LEEDS STREET FOR ASSESSMENT DISTRICT NO. 120 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. 3926. Mr. Henriksen then narrated a brief slide presentation of pictures taken before and after construction of improvements on Leeds Street. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Items VIII-A, Minutes, Adjourned Regular Meeting of February 26, 1981 (to be placed on next Agenda), and VIII-B-1, Correspondence from Gary P. McCaughan, were removed from the Consent Calendar. CONSENT CALENDAR It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to approve the Remainder of the Consent Calendar: Council Minutes 3/10/81 -2- G ?4� 3 Minutes, Regular Meeting of February 24, 1981. Cash Contracts #SS-349 and #355rUpgrading Citywide Traffic Signal Safety Lighting: Plans and specifications and grant authority to advertise for bids. Cash Contract #440, Burns Avenue - Rives Avenue to Paramount Boulevard: Plans and specifications and grant authority to advertise for bids (A/C #21-13954). General Warrants: 4189073 - 189631; #207910 - 207955• $932,075 40. AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman, Councilman Cormack said the Council Members should acknowledge the fact that they received a letter from Gary McCaughan. He is responding to the letter, which the Council will receive shortly. Councilman Swearingen also acknowledged receipt of the letter. ORAL COMMUNICATIONS - Items not on Agenda Mr. Edward Hare, 9350 Dinsdale Street, Chairman of the Rives Estate Preserva- tion Committee of the Downey Historical Society, acknowledged other members of the Historical Society, who stood up to show their support for preserving the Rives Mansion. He stated the James C. Rives home is listed in the National Register of Historic Places and is noted in the Federal Register of February 1979 for Los Angeles County - City of Downey. Mr. Hare went on record to acknowledge the Historical Society's objective to acquire the Rives mansion and preserve it for the community as a museum. He expressed hope the City Council will be supportive of the efforts to preserve the home, and noted the 13 mile marker from downtown Los Angeles is on that corner, which is also a historical monument. Mr. Hare voiced concern that the home in being preserved not be allowed to be developed for commer- cial purposes. Mayor Jackman indicated he supports acquiring the home for preservation as a historical landmark and feels the Council would like to help as much as it can, at least in a personal way, to make sure the home is preserved. Mr. Arthur McCullough, 7912 Fourth Place, thinks the citizens of the City have no conception of the amount of hours each Councilman spends per month, and he con- gratulated the Council on the job it is doing. Mayor Jackman declared a recess from 8:38 p.m. to 8:45 p.m. The meeting resumed with all Council Members present. ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 3163 TO THE-DOWNEY MUNICIPAL CODE TO REGULATE THE PARKING OF VEHICLES TRANSPORTING HAZARDOUS MATERIALS The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to introduce the Ordinance. ORDINANCE NO. 654 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 (PLANNING RESOLUTION NO. 427, ZONE CHANGE CASE #168) (12405-12527 PARAMOUNT BL. and 7936-48-56-62-68 QUILL DR.) 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. 654. Council Minutes 3/10/81 -3- ORDINANCE NO. 655 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 (PLANNING RESOLUTION NO. 426, ZONE CHANGE CASE NO. 170) (10015 & 10051 IMPERIAL HWY.) 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. 655. ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTION 9148.08; AMENDING SECTION 9148.22; AND ADDING SUBSECTION 9148.14(k) WHICH RELATES TO SIGNS The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to introduce the Ordinance. RESOLUTIONS RESOLUTION NO. 3927 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AGREEING TO MAKE UP FROM LOCAL FUNDS ANY SHORTFALL IN THE AB 120 FAREBOX RECOVERY REQUIREMENT AND ANY COST OVERRUN FOR THE ELDERLY AND HANDICAPPED TRANSIT SERVICE FOR THE 1980-1 AND 1981-2 FISCAL YEARS 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. 3927. Responding to a question regarding what shortfalls might be expected, Mr. Thompson stated it could cost the City about $50,000 if the CETA program is repealed, which there is every chance it would be. He went on to further explain the President has indicated several possibilities of a replacement program. Mr. Thompson said the Council should give consideration as to what the policy would be and whether or not the program is achieving the kind of results desired. The $50,000 cost would be for the nine months remainer'of the fiscal year. The Council then voted unanimously to authorize submittal of an Article 4.5 Funding Application for the Elderly and Handicapped Transit Services for the 1981-82 Fiscal Year. Roll call vote on adoption of Resolution No. 3927: AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman RESOLUTION NO. 3928 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING A DANCE PERMIT TO JAMMERS' JUNCTION The Resolution was read by title only. It was moved by Councilman Cormack and seconded by Councilman Quinn to waive further reading. It was moved by Councilman Cormack, seconded by Councilman Quinn, and passed by unanimous vote to adopt Resolution No. 3928. RESOLUTION NO. 3929 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPLICATION FOR THE CALIFORNIA PARKLANDS ACT OF 1980 (GOLDEN PARK PROJECT) Council Minutes 3/10/81 -4- 6 -�, 65 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. 3929. Responding to a question regarding the City's chances for receiving the funds, Mr. Neavill stated the money was approved by the voters in November through Proposition 1 and guarantees Downey the funds after making application for a quali- fied project. Staff has been informed the Golden Park project will qualify. . AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman RESOLUTION NO. 3930 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN -SPACE, AND RECREATION PROGRAM (CALIFORNIA PARKLANDS ACT OF 1980) (GOLDEN PARK PROJECT) 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. 3930. CASH CONTRACTS - None MISCELLANEOUS ACTIONS Request for Appeal to Zone Variance #134, 7826 Fontana Street Mr. Goggin explained the City Attorney has advised this involves a violation of City Code and State Code and that the Council had no jurisdiction. Removed from the Agenda. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to accept Right -of -Way in Exchange for Street Improvements at 7962 Burns Avenue. It was moved by Councilman Cormack, seconded by Councilman Swearingen, and passed by unanimous vote to authorize Mr. Samuel Siegel to represent the City of Downey in a pending lawsuit against the Southeast Area Animal Control Authority, City of Downev, et al, filed by Andersen Construction Co. (Case 454536). Mr. Thompson recommended Council approval of the Agreement for Purchase of Real Property from the School District (formerly the Downey Elementary School) and authorize appropriation of funds from the General Fund Unappropriated Surplus to cover the costs. The methodology in the new budget can be considered at a later date. It was moved by Councilman Cormack, seconded by Councilman Mackaig, and passed by unanimous vote to approve the Agreement between City of Downey and Downey Unified School District and authorize the appropriation of funds. STAFF REPORTS Mr. Thompson explained the reason for requesting rejection of all bids on a new Telephone System is that the City will be vacating the current City Hall pro- perty. Further consideration can be given at the time of moving into the new building. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to reject all bids on Bid Number 8213 for the furnishing, installation and maintenance of a complete telephone system. CITY MANAGER'S REPORT Mr. Thompson stated it has been a great honor to serve as the City Manager for the past 11 years. The programs and projects upon which the City has embarked are in the City's best interests, and the actions taken by the Council will have a great bearing on the City's future. He said this Council and the Councils he has served have accomplished a great deal. The people he has worked with in this City Council Minutes 3/10/81 -5- have also made many accomplishments, and it has been his honor to have worked with them. Mr. Thompson indicated these are trying times for government, and staff and the Council must set an example and be the kind of government people will depend upon. He pointed out that when he came to the City in 1970 there were approximately 535 fulltime employees, and today Downey is performing more services with 405. This, he said, is a remarkable accomplishment of the department heads and employees. Lastly, Mr. Thompson stated the selection of City Manager is an item of the greatest importance of actions the Council can take, and it will require a professional approach and expertise and a person the Council can trust and has the trust of the community. • - Mayor Jackman said he will miss Mr. Thompson and does not look forward to the responsibility of selecting a new City Manager. Mr. Sorensen expressed his regret that Mr. Thompson is leaving the City and said it has been a pleasure to serve with him. He stated Mr. Thompson has accom- plished those things he set out to do, and that is to provide guidance to the City Council and the community. ORAL COMMUNICATIONS - Audience: None ORAL COMMUNICATIONS - City Council Councilman Cormack stated some people feel the Charter interferes with the Constitutional right to recall. He then moved to instruct the City Attorney to review Paragraph 503 of the City Charter with the citizens' concerns in mind. The motion was seconded by Councilman Mackaig and passed by the following vote. Mayor Jackman concurred and indicated there are other sections of the Charter he feels should be updated. Councilman Cormack explained his motion is for the City Attorney to look at that section and any sections of the Charter that might interfere and to assure the Council they are all right and have no shortcomings. AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman Councilman Cormack mentioned there will be a demonstration of "trash to power" principal on Thursday in Torrance, which he feels the Council might want to attend and then make recommendations to staff on how money might be saved for the tax- payers and residents and increase revenue to the City. Mayor Jackman said he cannot attend but would appreciate any report back. Councilman Cormack recommended the Mayor or a Council Member conduct Press Conferences with staff available to provide backup information. Mayor Jackman suggested this matter be given further thought, and he requested it be placed on the Agenda for the next meeting. Councilman Quinn mentioned in 1985 the water supply from the Colorado River will be cut 50 percent, and he suggested a letter signed by all Council Members be sent to State representatives requesting that the Peripheral Canal be placed on the June ballot. A letter will also be sent by the Water Board. Councilman Quinn requested the Wilson, member of the Health & Envi Mocabee. be adjourned in nitation Commit nd Mr. Clarence Councilman Swearingen said the HUD representative in Los Angeles has indicated the City would have to go through SCAG to receive money for the low cost housing. Mr. Thompson explained any change in the formula utilized to establish the number.of housing units would have to go through SCAG; however, it is not neces- sary in order to get the funds. The Council can meet with Congressional and HUD representatives to request a review. It could mean approximately $2 million to Downey. He suggested this be pursued through SCAG but it could take a year or more. Councilman Swearingen suggested the Council representative to SCAG should go to the General Assembly Meeting on April 16th. Mr. Thompson concurred that perhaps several Council Members should go to the meeting and pointed out there are other cities in exactly the same position as Downey and might be willing to join together to get something going through SCAG. Council Minutes 3/10/81 -6- 6;_267 Councilman Swearingen said the seniors are asking for help to the point of sharing housing, painting and cleaning up. Also, the seniors are looking for another pool table, and while he understands they have the money it appears there is something causing a delay. He was informed the seniors are planning to have a fundraising breakfast this month, and the proceeds will go for a pool table. Councilman Swearingen then inquired regarding the status of setting up a joint meeting with the Planning Commission. He feels more information is needed from the Commission, and he asked Mayor Jackman to look into this. Mayor Jackman questioned the need for a meeting, inasmuch as he abides by his -- Commissioner's decision on Planning matters. He did say he will look into it to see what the feeling of the Commission might be. At 9:30 p.m., it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to adjourn the meeting in memory of Mr. George Wilson and Mr. Clarence Mocabee. Robert L. Shand, City Clerk -Treasurer Council Minutes 3/10/81 -7-