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HomeMy WebLinkAboutMinutes-05-13-81-Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING MAY 13, 1981 T A B L E O F M I N U T E A C T I O N S SUBJECT: Closed session re Labor Negotiations 1981-82 Seventh Year Housing & Community Dev. Block Grant Application: Approve proposed activities to be funded under 81-82 HCD Program; approve Housing Asstnc. Plan but auth. staff to negotiate with HUD & SCAG in effort to seek appropriate amndmts.; auth. City Manager to transmit formal 81-82 HCD Application to A-95 review agencies & to HUD; & auth. City Manager to , transmit letter to School Dist. expressing City's interest in acquiring Meadow Park School site Reports on Downtown Office Park Project Minutes, Adj. Reg. Mtg., April 29, 1981 Corres. from Congressman Grisham re Downey's Resol. supporting Legislation re Powerplant & Industrial Fuel Use Rejection of Legal Claims: Ref. #514, 517 & 518 General Warrants: #190649 - 190951 #208157 - 208202 ACTION: Approved nar_c "n 1 2 Joint hearing with Community Dev. Comm. -set for Monday, June 8, 1981 2 Approved Filed Approved Approved Res. 43955, Req. State Legislature's Endorsement of Five Positions to modify Impact of 81-82 Governor's Proposed Budget on Local Cities Adopted I-105 Freeway: Pass a resolution support- ing Governor Brown's appeal for constructn. Approved; resolution to be of Freeway in its full design. prepared for May 15th adj. mtg. Councilman Jackman invites citizens to attend Disaster Seminar at LDS Church Ord. amending DMC Adding Secs. 3361 thru 3367 to the Uniform Fire Code Res. #3956, Rescinding Res. #1177 & establishing Fees for certain Police Srvc. Res. #3957, Designating Bank of America as Depository for City Funds Introduced; hearing set for May 26, 1981 Adopted Adopted Res. #3958, Apprvg. Appointment of William King to Appeals Board -Design Review Bd. (as alternate) Adopted Res. #3959, Apprvg. Appointment of Lee Leavitt to Appeals Board -Design Review Bd. (as alternate) Adopted CC #476, Misc. Repairs - Citywide: Award to Sully Miller Contracting Co. Approved CC #476, Misc. Repairs - Citywide: Transfer of Funds Approved SCAG Membership Dues 7/l/80 - 6/30/81 Approved F 2 2 2 2 2 2 3 3 3 3 3 3 3 4 Page 1 of 2 COUNCIL MINUTES, MAY 13, 1981 (ADJOURNED) TABLE OF MINUTE ACTIONS (CONTINUED) crM TVrT - Permissive Conditional Use Permit #2, Scout Av. & Suva St. - Proposed Industrial Building: Motion to approve Renew Agreement for Fire Protection Consultant Appeal, Plot Plan 371, 13134 Verdura Av. ACTION: PAGE NO. Failed 4 Approved 4 Taken under subm. to next meeting f/clarification from City Attorney & City Planner 5 Agreement with Orrick, Herrington & Sutcliffe as Bond Counsel for City in issuance of Bonds for new Civic Center City Hall Approved Agreement with Dean Witter Reynolds, Inc., as Financial Consultants for City in issuance of Bonds for new Civic Center City Hall Approved Res. #3960, Apprvg. Formation & Directors of City of Downey Civic Center Corp. & Auth. payment of expenses Approved Planning staff to conduct studies & bring back Ord. re modification of parking standards for compact cars (estimates 2 mo.) Downey Community Hospital Budget for Fiscal Year 1981-82 Approved SE Council on Alcoholism & Drug Problems, Inc., aka Cider House Detox Program: Auth. pymt. of $1600 as City's portion of Matching Funds Approved Zone Change Case #174, 8015-41 Gardendale Zone Change Case #171, 11105 Old River School Rd. Meeting adjourned to 4:00 p.m., May 14, 1981, for Budget Study Session Hearing set for June 23, 1981 Hearing of June 9, 1981, changed' to June 8, 1981 L 5 5 5 5 5 5 5 5 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR 24BETING MAY 13, 1981 The City Council of the City of Downey held an adjourned regular meeting at 7:30 p.m., May 13, 1981, in the Council Chamber of the Downey City Hall, Mayor Milton R. Mackaig presiding. PRESENT: Council Members: Lyell W. Swearingen Mayor Pro Tem ` James T. Quinn Robert G. Cormack Theodore H. Jackman Milton R. Mackaig Mayor ALSO PRESENT: Loren D. Morgan, Acting City Manager Mark C. Allen, Jr., Acting 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 Harald J. Henriksen, City Engineer Harry Rayson, Building Official 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 Councilman Jackman. The Flag Salute was led by Councilman Cormack. Mayor Mackaig recessed the meeting to a closed session from 7:40 p.m. to 8:02 p.m. for a report on Labor Negotiations. The meeting resumed with all Council Members present. HEARINGS Mayor Mackaig opened the hearing on 1981-82 Seventh Year Housing and Community Development Block Grant Application, as required by Federal regulations to obtain d the views of citizens on the proposeapplication and to obtain any comments from the public 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 Swearingen, seconded by Councilman Quinn, and so ordered to receive and file the Proof. Mr. Tincher reported on the proposed expenditures for the 1981-82 funds and cited the four recommendations for approval of the application for funds. He said that unless the City is successful in obtaining the 1981-82 funds and addressing stipulations in last -year's application, the Reinvestment in Downey Program as now defined would come to an end as of June 30th of this year, except for existing redevelopment projects, for which funds are still available. Mayor Mackaig inquired if there was anyone present regarding the Housing and Community Development Block Grant Application, or if anyone wished to speak in opposition. Mrs. Virginia Glendon, 9733 Guatemala, asked if other HUD programs are antici- pated for Downey. Mr. Tincher replied the City has an annual entitlement from the Department of Housing & Community Development for approximately $1 million per year, which has been used for neighborhood enhancement programs, housing relocation, street and sidewalk improvements, and to support the Downey redevelopment projects. The grant program has provided flexibility on how those dollars are spent, but in the last few years HUD has been requiring additional stipulations. Mrs. Glendon said the HUD apartment house at the end of her street does not enhance the neighborhood. There being no one else wishing to speak, it was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to close the hearing. Council Minutes 5/13/81 (adj.) -1- o 96� It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by the following vote to approve the proposed activities that would be funded under the 1981-82 HCD Program; approve the Housing Assistance Plan as pre- sented but authorize staff to negotiate with HUD and SCAG in an effort to seek appropriate amendments; authorize the City Manager to transmit the formal 1981-82 HCD Application to the A-95 review agencies and to HUD; and authorize the City Manager to transmit a letter to the School District expressing the City's interest in acquiring the Meadow Park School Site. A discussion was held regarding alternative funding sources for developing the Meadow Park School property for low rent senior citizen and handicapped housing. Mr. Tincher explained the intent at this time is to express the City's inter- est to the School District of acquiring the school site and to set forth in this year's application a substantial amount of funds to assist in that acquisition. The next step would be to develop a specific financing program for the project. - Mr. Tincher commented on the funding method available through HUD, which he said is multi -year funding up to,a three-year commitment. AYES: 5 Council Members: Swearingen, Quinn, Cormack, Jackman, Mackaig It was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to set a joint public hearing with the Community Development Commission on Reports of the Downtown Office Park Project for 7:30 p.m., Monday, June 8, 1981, in the Council Chamber of the Downey City Hall. CONSENT CALENDAR It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by the following vote to approve the Consent Calendar: Minutes: Adjourned Regular Meeting, April 29 1981. Correspondence from Congressman Wayne Grisham acknowledging receipt of Downey's Resolution supporting Legislation concerning Powerplaat & Industrial Fuel Use. Rejection of Legal Claims: Ref. #514, Michael Enriquez; Ref. #517, John Ardel; and Ref. #518, Iva M. Rau. General Warrants: #190649 - 190951; #208157 - 208202: $1,599,563.56. RESOLUTION NO. 3955 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE CALIFORNIA STATE LEGISLATURE'S ENDORSE- MENT OF FIVE (5) POSITIONS THAT WILL MODIFY THE IMPACT OF THE 1981-82 GOVERNOR'S PROPOSED BUDGET ON LOCAL CITIES AYES: 5 Council Members: Swearingen, Quinn, Cormack, Jackman, Mackaig ORAL COMMUNICATIONS - Items not on Agenda and only pertaining to City Business (five minute limit) Giving a report on the current status of the I-105 Freeway, Councilman Jackman discussed his trip to Washington D. C. and a meeting with the Federal Highways Administrator, who he said is more concerned about the funding of houses with Highway Funds than with the funding of the Freeway itself. He also commented on a meeting held today with Governor Brown and Ms. Gianturco, who indicated they are 100 percent behind the Freeway and will be going to Washington to discuss the prob- lem and make strong appeal for the full Freeway, not a scaled -down version. Councilman Jackman said it is requested,that cities adopt resolutions supporting the Freeway in its full design, and he recommended the Council adopt such a resolution and transmit it to the Governor as soon as possible. He mentioned Councilman Cormack and other legislators were present in support Vf the Freeway, and he commended Assemblyman Young for chairing the meeting and for his efforts to get the Freeway built. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by unanimous vote that the Council pass a resolution in support and transmit it to the State as soon as possible. The resolution will be prepared for Council action at the adjourned meeting on May 15, 1981. Councilman Jackman invited all interested citizens to attend a Disaster Seminar to be held Saturday evening, May 16th, from 4:00 to 8:00 p.m. at the L. D. S. Church Council Minutes 5/13/81 (adj.) -2- 6 -11 916 located at 10511 Paramount Boulevard. He said qualified people will be present to conduct demonstrations on preparing for an emergency. ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING SECTIONS 3361 THROUGH 3367 WHICH ARE ADDITIONS TO THE UNIFORM FIRE CODE The Ordinance was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Jackman to waive further reading, introduce the Ordi- nance, and to set the hearing for 7:30 p.m., May 26, 1981, in the Council Chamber of the Downey City Hall. The vote was unanimous. RESOLUTIONS RESOLUTION NO. 3956 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING RESOLUTION NO. 1177 AND ESTABLISHING FEES FOR CERTAIN POLICE SERVICES The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Swearingen to waive further reading and to adopt Resolution No. 3956. The vote was unanimous. The Resolution forming the Downey Civic Center Corporation was held until following Council action on the Agreements with a Bond Counsel and Financial Consultant for financing new Civic Center City Hall. RESOLUTION NO. 3957 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING THE BANK OF AMERICA AS DEPOSITORY FOR CITY FUNDS The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Quinn to waive further reading and to adopt Resolution No. 3957. The vote was unanimous. RESOLUTION NO. 3958 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF WILLIAM KING AS A MEMBER OF THE APPEALS BOARD -DESIGN REVIEW BOARD (AS ALTERNATE) 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. 3958. The vote was unanimous. RESOLUTION NO. 3959 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF LEE LEAVITT AS A MEMBER OF THE APPEALS BOARD -DESIGN REVIEW BOARD (AS ALTERNATE) The Resolution was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Cormack to waive further reading and to adopt Resolution No. 3959. The vote was unanimous. CASH CONTRACTS It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to award Cash Contract #476, Miscellaneous Repairs - Citywide, in the amount of unit prices bid totaling $35,516.70, to Sully Miller Contracting Company, the lowest and best bidder. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by unanimous vote to approve a transfer of funds in the amount of $47,000 from Gas Tax Account #26-16217, "Miscellaneous Street Improvements," to Account #26-16235 on Cash Contract #476, Miscellaneous Repairs - Citywide. Council Minutes 5/13/81 (adj.) -3- 6747 MISCELLANEOUS ACTIONS It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous to approve SCAG Membership Dues from July 1 1980 to June 30, 1981. Permissive Conditional Use Permit #2, Scout Avenue and Suva Street - Virginia Glendon, 9733 Guatemala, cited noise emanating from a business loca- ted behind her property and expressed opposition to the proposed Lachine shop. Councilman Cormack explained the sound in the new building will be controlled. Also, he pointed out the City Council and Planning Commission have attempted to control and improve the subject location. Mr. William Madden, 9709 Guatemala Avenue, said the noise emanating from the factory is unbearable, and he suggested a closer look be taken of the property to see what is happening in that area. Mr. Richard Albrecht, 7214 Glencliff Drive, stated his reasons for requesting rejection of the request. When asked if he wants the machine shop to continue its operation in a sheet metal building, he replied the business is located in Bell Gardens, and since that city is bringing its codes up to County standards, in a few years the operation will be changed. He prefers the business to remain where it is. Mrs. Lois Buchanan, 9651 Guatemala, said approval of the manufacturing use at the location would bring it to within 110-120 feet of her property. She mentioned she spoke to five residents in the area during the past two weeks, and they favor developing the property for residential use. Mr. Goggin indicated homes could be built on the property but only on the por- tion located in the City of Downey, not the portion located in Bell Gardens. It was moved by Councilman Quinn and seconded by Councilman Swearingen to approve Permissive Conditional Use Permit #2. Councilman Jackman indicated he is opposed and will vote "no." When asked if she would prefer the applicant to continue his operation in the metal building, Mrs. Buchanan replied yes, she would rather the business remain where it is. AYES: 2 Council Members: Swearingen, Quinn NOES: 3 Council Members: Cormack, Jackman, Mackaig Failed. Councilman Quinn requested that the Appeal to Plot Plan 371 13134 Verdura Avenue, be taken under submission to the meeting of May 26th. (See later action this page to place Plot Plan 371 back on the Agenda for consideration.) It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to renew the Contract for Fire Protection Consultant. Mayor Mackaig declared a recess from 9:00 p.m. to 9:05 p.m. The meeting resumed with all Council Members present. Mayor Mackaig requested that the Appeal to Plot Plan 371 13134 Verdura Avenue, be placed back on the Agenda for Council consideration, inasmuch as the applicant has made a special trip from Arizona to be present this evening. It was moved by Councilman Quinn and seconded by Councilman Jackman to approve the appeal as stated. During discussion, Councilman Quinn explained it is his understanding the pro- perty has had two driveways for 20 years, and the proposal is to build another home on the back of the lot, using one of the driveways for a carport and the other to go to the home in the back. He said the code requires a 70 foot property width in order to have two driveways --the applicant's property is 62 feet wide. Councilman Quinn indicated that if four garages are built, it would take away the back yard. Mr. Goggin noted when staff is opposed to a proposal, an attempt is made to provide an alternative which is acceptable, and the location of the garages is not mandatory. He said the code requires a variance in order to have a second drive- way, and a variance would require a public hearing before the Planning Commission. Countil Minutes 5/13/81 (adj.) -4- Mr. Joseph L. Black, 8615 West Glen Rosa, Phoenix, Arizona, mentioned he owns the property jointly with his son, and he advised the Council of changes to be made in his appeal letter. He indicated it is his proposal to use the curb break on the south to approach the carport of the existing building and the driveway on the north to approach the rear house. Mr. Black then noted an additional curb break for his property was authorized by the City on June 24, 1961, in Work Order No. 2 during the period of construction on Assessment District 10. His request is to only use the property as it has been. During further discussion, Mr. Goggin explained when the two driveways were installed there were no guidelines in the City and subsequently the City has changed its codes. He pointed out two driveway breaks limit offstreet parking for guests. Mr. Black referred to Code Section 7175.4, which gives the City Engineer the authority to grant an additional driveway approach. Mr. Allen indicated he and Mr. Goggin can review the Code sections dealing with the different regulations. The Appeal on Plot Plan 371 was taken under submission to the next meeting for clarification from the City Attorney and City Planner. The motion and second to approve were withdrawn. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to authorize Agreement with Orrick, Herrington & Sutcliffe as Bond Counsel for the City of Downey in the issuance of Bonds for the new Civic Center City Hall. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to authorize Agreement with Dean Witter Reynolds In as Financial Consultants for the City of Downey in the issuance of Bonds for new Civic Center City Hall. - RESOLUTION N0. 3960 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FORMATION AND DIRECTORS OF CITY OF DOWNEY CIVIC CENTER CORPORATION AND AUTHORIZING PAYMENT OF EXPENSES The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Swearingen to waive further reading and to adopt Resolution No. 3960. The vote was unanimous. Mr. Goggin requested the Council to order the Planning Division to conduct comprehensive studies and come back with an ordinance concerning modification of parking standards for compact cars. There were no objections. Mr. Goggin esti- mated he would try to bring this back in two months. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to approve the Downey Community Hospital Budget for Fiscal Year 1981-82. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to authorize the payment of $1600 as the City of Downey' portion of the Matching Funds for the Southeast Council on Alcoholism and Drug Problems, Inc., also known as the Cider House Detox Proaram. It was moved by Councilman Jackman and so ordered to set a hearing on Zone Change Case #174, 8015-8041 Gardendale Street, for 7:30 p.m., June 23, 1981, in the Council Chamber of the Downey City Hall. It was moved by Councilman Jackman, seconded by Councilman Quinn, and so ordered to change the hearing date on Zone Change Case #171, 11105 Old River School Road, from June 9, 1981, to 7:30 p.m., June 8, 1981, in the Council Chamber of the Downey City Hall. CITY MANAGER'S REPORT - None STAFF REPORTS - None ORAL COMMUNICATIONS - None Council Minutes 5/13/81 (adj.) -5- There being no further business to come before the City Council, the meeting was adjourned at 9:38 p.m. to 4:00 p.m., May 14, 1981, in the Council Chamber of the Downey City Hall, for Budget Study Session. a Council Minutes 5/13/81 (adj.) -6-