HomeMy WebLinkAboutMinutes-04-14-81-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
APRIL 14, 1981
T A B L E O F M I N U T E A C T I O N S
SUBJECT: ACTION: PAGE NO.
Four Council Members watched landing of
Space Shuttle Columbia 1
Plaque presented to Councilman Mackaig as
Downey Boy Scout Drive Chairman 1
Hearing on Community Development Block
Grant Program performance to date Closed; no action 1
Res. #3939, Ordering Vacation of Future
Street located Nwly. of Orizaba Av. &
Sly. of Orange St. (Vac. #135) Adopted 2
Hearing on Downtown & Firestone Corridor
Specific Plans & their EIR Continued to April 29, 1981 2
Removal of Items from Consent Calendar 2
Minutes: Reg. Mtg., March 24, 1981; &
Spec. Mtg., March 31, 1981 Approved 2
CC #476, Misc. Repairs - Citywide:
Specifications & auth. to advertise Approved 2
SS Proj. #336, Brookshire - Alameda to
Stew. & Gray; Stewart & Gray - Brookshire
to Patton; Woodruff - Firestone to SPRR;
& Albia - Brookshire to Wly. Cul-de-Sac:
Plans, specs & auth. to advertise Approved 2
General Warrants: #189954 - 190394
#208010 - 208092 - Approved 2
Res. #3940, Honoring Assemblyman Young
for his efforts toward promotion of
Scouting in Community Adopted 2
Res. #3941, Honoring Congressman Grisham
for his efforts toward promotion of
Scouting in Community Adopted 3
Mr. Ray Grimes comments on bridge being
built over Rio Hondo Channel & cites
problems that could occur after const. Staff to report back 3
Request for funding from SE Center for
Independent Living To be placed on next Agenda 3
Res. #3942, Rescinding Res. #1198 re
Revolving Fund for Const. of Imprvmts. in
Public R/W (Street & Sidewalk Const. Fund) Adopted 3
Res. #3943, in Support of Legislation
Removing Restrictn. & Prohibitn. on Use of
Natural Gas in Utility Powerplants Adopted 3
Instruct staff to enter serious discussion
with pyrogenic systems & immediately begin
site search for same Approved 3
Res. #3944, Granting Apprvl. of Permissive
CUP #1 (Suva & Foster Bridge) & Rescinding
Res. #3938 Adopted as amended 3
Res. #3945, Apprvg. Applicatn. for Grant
Funds under Roberti-Z'Berg Urban Open -
Space & Recreation Program Adopted 4
Page 1 of 2
COUNCIL MINUTES, APRIL 14, 1981
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT: ACTION: PAGE NO.
CC #465 - Gutter Const. on Rives, Quoit, &
Norlain: Accept construction contract &
maintenance responsibility Approved 4
CC #440, Burns Av. - Rives to Paramount:
Award unit price contract for alternate bid Approved 5
Request for Appeal Hearing - Zone Variance
#134, 7826 Fontana St. Received & filed 5
Transfer principal funds from Cultural Arts
Fund to City's General Fund & return back
into Cultural Arts Fund 12% interest earned Approved 5
Tract #40810, 7429 Firestone P1.: Accept
Park Fee of $380 per unit Approved 5
Res. #3946, Apprvg. Final Subdivision Map
of Tract #40810, Apprvg. Agmt. with
Subdividers, & Acceptance of Assignment
of Money Market Certificate in Lieu of
Surety Bonds (7429 Firestone Pl.) Adopted 5
Operation of Elderly & Handicapped Transit
Services (Article 4.5) for remainder of
current 80-81 Fiscal Year utilizing full-
time & part-time drivers & authorize
expenditure from General Fund Account Approved 5
Permissive CUP #2, Scout & Suva Action delayed to next meeting 5
Appeal, CUP #115, 12161 Downey Ave. Hearing set for May 26, 1981 5
Council Meeting of May 12, 1981, set for
May 13, 1981 5
City/School Meeting of May 13, 1981 Staff requested to reschedule 5
Zone Change Case #171, 11105 Old River Hearing rescheduled for
School Rd. June 9, 1981 5
Proposed Use of General Revenue Sharing
Funds Hearing set for April 29, 1981 5
Architect Recommendation for new Civic
Center: Postpone action for one week or
set a date & direct staff to arrange
final meeting w/three architects yet to
be named & to appoint committee of three
Planning Commissioners, City Manager &
two Council Members to review same Approved 5
Lease Agmt. w/So. Pacific Bd. of Athletics
Congress for space at Apollo Center Approved 6
Proposal of City of Compton to join Joint
Communication Dispatch Center: Authorize
Fire Chief to proceed & bring back agmt. Approved 6
Closed session re contract & personnel 6
Reclassification of Accounting Supervisor
Position Approved 6
New Contract w/Martin Mayer as City
Prosecutor Approved 6
Meeting adjourned in memory of Downey
Police Officer Wayne Presley & in honor
of successful flight. of Space Shuttle 6
Meeting adjourned to 4:30 p.m., April 21st 6
Page 2 of 2
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
APRIL 14, 1981
The City Council of the City of Downey held a regular meeting at 7:30 p.m.,
April 14, 1981, 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: Loren D. Morgan, Acting City Manager
Royal M. Sorensen, City Attorney
Ronald W. Leege, Director of Finance
John T. Neavill, Director of Parks & Recreation
Don Davis, Fire Chief
J. R. Guthrie, Police Captain
William A. Goggin, City Planner
Harry Rayson, Building Official
Harald J. Henriksen, City Engineer
Charles G. Eccleston, Traffic Engineer
Robert Brace, Civil Engineer
Don Wagner, Assistant to City Manager
Thomas Tincher, Housing & Redevelopment Coordinator
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.
Mayor Jackman commented that four of the City Council Members today had the
— great privilege of going to Edwards Air Force Base to watch the landing of the
Space Shuttle Columbia. He said it was a thrill to see the astronauts land the
space shuttle perfectly after having completed a very vital mission to the space
program for the United States. He mentioned many of Downey's citizens worked on
this program through their employment at Rockwell.
PRESENTATIONS
Mr. Bill Lidderdale commented last year Councilman Mackaig was recruited to
be the Downey Boy Scout Fund Drive Chairman and that he performed his job with
quickness and dispatch. He and District Commissioner Bill Horvath presented a
plaque to Councilman Mackaig in appreciation from the Frontier District.
HEARINGS
Mayor Jackman opened the hearing on the Community Development Block Grant
Program to obtain views and comments of citizens on the performance of the program
to date. 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. Tincher reviewed the progress and performance of Downey's Community
Development Program.
There being no one present to speak to this matter, it was moved by Councilman
Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing.
No action of the Council was required.
Responding to a question, Mr. Tincher explained the previous Council action on
the 1980-81 application was to not execute the document because of HUD stipulations,
and that document is still in abeyance. He said word has been received regarding a
finding of HUD that Downey could use the allocated 40 family units for handicapped
and as part of the Meadow Park project, if it proceeds. There is an unresolved
issue of whether or not the funds can be transferred from one approved site to
another, which is a decision he understands will have to be made in Washington, and
so it appears some additional lobbying will be necessary. At the next meeting the
Council Minutes 4/14/81 -1-
Council will conduct a hearing on the 1981-82 Application, which will include
staff's proposal to incorporate into the Application funds to acquire Meadow Park
School if the School District decides to dispose of that property.
Discussion followed.
Mayor Jackman opened the hearing on Vacation #135, Future Street Northwesterly
of Orizaba Avenue and Southerly of Orange Street. He inquired if the City Clerk had
the Affidavit of Posting of Notice, 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. Henriksen explained that through various zone cases the City acquired
street easements 30 feet west of the centerline of Orizaba as a future and private
street. During recent improvement of the street only 23 feet was needed and,
therefore, it is requested that 7 feet of the street easements be vacated by the
City and returned to the adjacent property owners.
Mayor Jackman inquired if the City Clerk had received any written correspon-
dence, and the response was no.
There being no one present to speak in opposition or in favor of the Vacation,
it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so
ordered to close the hearing.
RESOLUTION NO. 3939
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ORDERING THE VACATION OF THE FUTURE STREET LOCATED
NORTHWESTERLY OF ORIZABA AVENUE AND SOUTHERLY OF ORANGE
STREET
The Resolution was read by title only. It was moved by Councilman Swearingen
and seconded by Councilman Mackaig to waive further reading and to adopt Resolution
No. 3939. The vote was unanimous.
Mayor Jackman opened the hearing on the Downtown and Firestone Corridor
Specific Plans and their Environmental Impact Report.
It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and
passed by unanimous vote to continue the hearing to 7:30 p.m., April 29, 1981, in
the Council Chamber of the Downey City Hall.
REMOVAL OF ITEMS FROM CONSENT CALENDAR
Agenda Items VIII-F-1, Resolution Honoring Assemblyman Young, and VIII-F-2,
Resolution Honoring Congressman Grisham, 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:
Minutes: Regular Meeting of March 24, 1981; and Special Meeting of March 31,
1981.
Cash Contract #476, Miscellaneous Repairs - Citywide: Specifications and
grant authority to advertise for bids.
S.S. Project #336, Brookshire Avenue - Alameda Street to Stewart & Gray Ro
Stewart & Gray Road - Brookshire Avenue to Patton Road; Woodruff Avenue -
Firestone Boulevard to SPRR; and Albia Street - Brookshire Avenue to Weste
Cul-de-Sac: Plans and specifications and grant authority to advertise for
bids (A/C #26-16204, 26-16205, 26-16228, and 21-13971).
General Warrants: #189954 - 190394; #208010 - 208092: $1,283,138 43.
AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman
RESOLUTION NO. 3940
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
HONORING ASSEMBLYMAN BRUCE YOUNG IN APPRECIATION FOR HIS
EFFORTS TOWARD THE PROMOTION AND ADVANCEMENT OF SCOUTING
IN OUR COMMUNITY
Council Minutes 4/14/81 -2-
RESOLUTION NO. 3941
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
HONORING CONGRESSMAN WAYNE GRISHAM IN APPRECIATION FOR
HIS EFFORTS TOWARD THE PROMOTION AND ADVANCEMENT OF
SCOUTING IN OUR COMMUNITY
The Resolutions were read by title only.
Councilman Swearingen invited anyone interested to attend a Scouting dinner
to be held on Friday, May 1st, at the Lakewood Country Club.
It was moved by Councilman Mackaig and seconded by Councilman Swearingen to
waive further reading and to adopt Resolutions No. 3940 and 3941. The vote was
unanimous.
Councilman Swearingen asked that the Mayor attend the Scouting dinner to pre-
sent the Resolutions to Assemblyman Young and Congressman Grisham.
ORAL COMMUNICATIONS - Items not on Agenda
Mr. Ray Grimes, 7714 Alderdale Street, commented regarding a bridge being
constructed across the Rio Hondo Channel at the end of his street. He said the
residents in the neighborhood will be faced with problems of young people riding
trail bikes in the channel area unless something can be done to restrict use of
the bridge once it is completed.
Councilman Cormack mentioned he has had discussions with Chief Martin, who is
attempting to work out a solution to the problem.
Mr. Morgan said staff will discuss this with the Corps of Engineers and report
back to the Council.
Mr. Carl Shiigi, representing the Southeast Center for Independent Living at
12458 Rives Avenue, addressed the Council regarding the Center's request for fund-
ing from the City. He described housing services provided by the Center over the
-- past year, as well as counselling programs and transportation services.
Mayor Jackman asked that the request be placed on the Agenda for the next
meeting. There were no objections.
ORDINANCES - None
RESOLUTIONS
RESOLUTION NO. 3942
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
RESCINDING RESOLUTION NO. 1198 WHICH ESTABLISHED A
REVOLVING FUND FOR THE CONSTRUCTION OF IMPROVEMENTS IN
PUBLIC RIGHTS -OF -WAY (STREET & SIDEWALK CONSTRUCTION FUND)
The Resolution was read by title only. It was moved by Councilman Swearingen
and seconded by Councilman Mackaig to waive further reading and to adopt Resolution
No. 3942. The vote was unanimous.
RESOLUTION NO. 3943
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
IN SUPPORT OF LEGISLATION REMOVING THE RESTRICTIONS AND
PROHIBITIONS ON THE USE OF NATURAL GAS IN UTILITY
POWERPLANTS
The Resolution was read by title only. It was moved by Councilman Swearingen
and seconded by Councilman Mackaig to waive further reading and to adopt Resolution
No. 3943. The vote was unanimous.
It was moved by Councilman Cormack, seconded by Councilman Swearingen, and
passed by unanimous vote to instruct staff to enter serious discussion with
pyrogenic systems and to immediately begin a site search for same.
RESOLUTION NO. 3944
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
GRANTING APPROVAL OF PERMISSIVE CONDITIONAL USE PERMIT
NO. 1 (SUVA STREET AND FOSTER BRIDGE BOULEVARD) AND
RESCINDING RESOLUTION NO. 3938
Council Minutes 4/14/81 -3-
6?1?q
The Resolution was read by title only. It was moved by Councilman Swearingen
and seconded by Councilman Quinn to waive further reading and to adopt Resolution
No. 3944, with changes proposed by staff. (See later motion to amend the Resolution.)
Mr. Michael Goland, the applicant, voiced his objection to a proposed change in
Condition #16 limiting the height of building "L" to ten feet above the finished
grade. He said all the property owners behind the subject property have expressed
no objection to Building "L" being a two-story structure, and neither has the Church.
Mr. Goland mentioned he will have to bring in dirt to raise the grading of the pro-
perty on the corner of Foster Bridge in order to allow for proper drainage. He
cited further reasons for requesting the two-story structure, which he pointed out
will protect the adjoining properties from lighting glare, noise pollution, and
the view of industrial properties in Bell Gardens. Mr. Goland also objected to the
proposed change in Condition #6 for a 15-foot wide setback parallel to Suva Street
and a 10-foot wide setback from Foster Bridge Road. He said all of the plans he
has presented have shown five feet and now 15 feet is requested by City staff. `—
Mr. Goland commented on further costs he will incur on the development as a result
of changes in the City's Fire Code. Also, he said, to not be able to build the
two-story structure will reduce the value of the project by $400,000.
Mr. Goggin explained the reasons for proposing changes to the three conditions
and commented further on the proposed design for the mini -warehouse facility. He
then discussed the wall height requirements as they relate to the proposed facility
and noted the setback requirements would be in conformance with setbacks of the
surrounding properties.
Councilman Cormack stated he wants the wall kept down to a reasonable height
and urged the Council to not allow a 15-20 foot wall behind any residences in his
district. He also feels the 15-foot setback is essential.
Discussion followed.
Mr. Goggin responded to questions regarding the wall height requested. He
pointed out that by ordinance a wall higher than seven feet is not allowed in a
residential zone. He also noted the wall of the proposed building would actually
serve as the wall between the properties.
It was moved by Councilman Cormack, seconded by Councilman Swearingen, and
passed by the following vote to amend the Resolution by substituting those condi-
tions #1, 6 and 16 dated April 14, 1981, for Permissive Conditional Use Permit #1.
Councilman Mackaig indicated he is confused regarding this issue and will
abstain from voting.
. AYES: 4 Council Members: Swearingen, Quinn, Cormack, Jackman
ABSTAIN: 1 Council Member: Mackaig
Adoption of Resolution No. 3944 as amended was passed by the following vote:
AYES: 4 Council Members: Swearingen, Quinn, Cormack, Jackman
' ABSTAIN: 1 Council Member: Mackaig
Mr. Goland requested another amendment of the Council to extend the period of
time before beginning construction from one year to five so that he can complete
his litigation. He was informed that he has the right to an extension at the end
of the one year.
RESOLUTION NO. 3945
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
The Resolution was read by title only. It was moved by Councilman Swearingen
and seconded by Councilman Quinn to waive further reading and to adopt Resolution
No. 3945. The vote was unanimous.
CASH CONTRACTS
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by unanimous vote to accept the construction contract and maintenance
responsibility for improvements constructed under Cash Contract #465 - Gutter
Construction on Rives Avenue, Quoit Street, and Norlain Avenue (A/C #21-13972).
Council Minutes 4/14/81 -4-
6 ?1F0
It was moved by Councilman Cormack, seconded by Councilman Quinn, and passed
by unanimous vote to award a unit price contract for the alternate bid totaling
$59,854 for the construction of street improvements under Cash Contract #440,
Burns Avenue - Rives Avenue to Paramount Boulevard (A/C #21-13954).
MISCELLANEOUS ACTIONS
Request for Appeal Hearing - Zone Variance #134 7826 Fontana Street
Mr. Goggin said this was appealed once before, but the applicant did not in-
clude one of the items referred to in this appeal. Also, the other item is not
appealable as it was not part of the public hearing. He and the City Attorney
agree there is no appeal on either one of the items listed.
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so
ordered to receive and file the request for appeal hearing.
Following discussion, it was moved by Councilman Swearingen, seconded by
Councilman Quinn, and passed by unanimous vote to transfer the principal funds
($499,999) from the Cultural Arts Fund to the City's General Fund and return back
into the Cultural Arts Fund the interest earned at 12 oercent ($60.000)_
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by unanimous vote to accept the Park Fee of $380 per unit on Tract #40810,
7429 Firestone Place.
RESOLUTION NO. 3946
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FINAL SUBDIVISION MAP OF TRACT NUMBER
40810 APPROVING AN AGREEMENT WITH THE SUBDIVIDERS, AND
ACCEPTANCE OF AN ASSIGNMENT OF A MONEY MARKET CERTIFICATE
IN LIEU OF SURETY BONDS (7429 FIRESTONE PLACE)
The Resolution was read by title only. It was moved by Councilman Swearingen
and seconded by Councilman Mackaig to waive further reading and to adopt Resolution
-- No. 3946. The vote was unanimous.
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by unanimous vote to approve operation of the Elderly & Handicapped Transit
Services, Article 4.5 Transit, for the remainder of the current 1980-81 fiscal
year, utilizing full-time and part-time drivers, and authorize the expenditure of
approximately $10,000 from General Fund Account #10-4-4110.020 and 10-4-6510.020.
It was moved by Councilman Cormack and seconded by Mayor Jackman to delay
action on Permissive Conditional Use Permit #2, Scout Avenue and Suva Street, until
the next regular meeting.
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so
ordered to set a hearing on Appeal to Conditional Use Permit #115 12161 Downey
Avenue, for 7:30 p.m., May 26, 1981, in the Council Chamber of the Downey City Hall.
The Council Meeting of May 12 1981 was set for 7:30 p.m., May 13 1981.
Noting that the City Council quite possibly will not have returned by 4:00 p.m.
on May 13th from the League of California Cities meeting in Sacramento, Councilman
Mackaig asked Mr. Morgan to notify the School District that he and Councilman Quinn
will not be able to attend the City/School Meeting on that date so it can be
re -scheduled.
It was so ordered to re -set the hearing on Zone Change Case #171, 11105 Old
River School Road, scheduled for May 12, 1981, for 7:30 p.m., June 9, 1981, in the
Council Chamber of the Downey City Hall.
It was moved by councilman Mackaig to set a hearing on Proposed Use of General
Revenue Sharing Funds for 7:30 p.m., April 29, 1981, in the Council Chamber of the
Downey City Hall.
Architect Recommendation for new Civic Center
It was moved by Councilman Cormack, seconded by Councilman Mackaig, and passed
by unanimous vote to postpone action for approximately one week, or set a date, and
direct staff to arrange a final meeting with three of the architects yet to be
named, and to appoint a committee of Planning Commissioners D'Alessandro, Hayden,
and Farmer, the City Manager, and any two members of the City Council to review same.
Council Minutes 4/14/81 -5-
Em
Councilman Cormack and Mayor Jackman each indicated they would attend the
meeting.
It was moved by Councilman Swearingen, seconded by Councilman Quinn, and
passed by unanimous vote to approve the Lease Agreement with Southern Pacific
Board of Athetics Congress for space at Apollo Park Neighborhood Center.
MANAGER'S REPORT
Mr. Morgan requested a closed session of the City Council to discuss a
contract and a matter relating to personnel.
STAFF REPORTS
Chief Davis explained that approximately nine months ago, at the request of
the City of Compton, he submitted a proposal to that City concerning the Joint
Communication Dispatch Center, and this afternoon the City of Compton approved that
proposal. He mentioned that with Compton joining the Communication System, Downey
will realize a $12,000 per year reduction in communication costs. It will take
about five to six months for Compton to prepare all of the maps and have the hard-
ware installed in order to enter into the Communications Center. He requested
direction on whether staff can proceed to prepare the necessary documents. Chief
Davis responded to questions and commented on the advantages that would be derived
by Compton joining the Communication System. He will submit a detailed report to
the Council.
It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed
by unanimous vote to authorize the Fire Chief to proceed and bring back an
agreement.
'®'
- City Council: None
ORAL COMMUNICATIONS - Audience: None
The meeting was then recessed to a closed session from 9:11 p.m. to 10:25 p.m.
to discuss a contract and personnel matter. The meeting resumed with all Council
Members present.
It was moved by Councilman Mackaig, seconded by Councilman Cormack, and passed
by unanimous vote to approve the Reclassification of Accounting Supervisor Position.
It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed
by unanimous vote to approve a new Contract with Martin Mayer as City Prosecutor.
The meeting was adjourned at 10:28 p.m. to 4:30 p.m., April 21, 1981, in the
Council Chamber of the Downey City Hall. The meeting was also adjourned in memory
of Downey Police Officer Wayne Presley and in honor of the successful flight of the
Space Shuttle Columbia.
Robert L. Shand, City Clerk -Treasurer
Council Minutes 4/14/81 -6-