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Home My WebLink AboutMinutes-08-11-81-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 11, 1981 T A B L E O F M I N U T E A C T I O N S SUBJECT: Mayor announced Agreement reached today re I-105 Freeway --it will be built Appeal to decision of Bldg. & Rehabilitn. Appeals Bd. re ppty. 7681 Calmcrest Dr. Minutes: Adj. Reg. Mtg., July 27, 1981 Corres. from Pacific Telephone re Increase in Mobile Radio Telephone Service Rates ACTION: PAGE NO. 1 Denied; decision of Bldg. & Rehab. Bd. affirmed 1 Approved Filed Corres. from City of Fontana supporting Ratification of Peripheral Canal Referendum Filed Rejection of Legal Claims: Ref. #523, 524, & 528 Approved CC #477, Unit I - Demolition of Site Imprvmts. at Proposed City Hall Site: Plans, specs & auth. to adv. f/bids Approved General Warrants: 47192367 - 192674 #208415 - 208459 Approved Res. #4000, commending Mrs. Opal Henn as recipient of Downey Exchange Club's Book of Golden Deeds Adopted Res. #4001, ord. Municipal Reorganization re detachment from Downey & annexation to Paramount "Deannexatn. #7" Adopted Res. #4002, req. L.A. County Bd. Sprvsrs. to stop providing Gen. Fund Subsidy to County Animal Control Contract Service Areas w/o equitable dist. of funds to all communities Adopted Citizen requests Council's help to stop Caltrans' condemnation of north Downey ppty. for I-105 Freeway housing replinishment program Citizen raises questions re Cable TV Ord. #665, amending Zoning Map adopted by Sec. 9106.06 DDIC (Zone Change Case #177) (12709-19 Lakewood Bl.) Res. #4003, proposing to Annex to City Ltg. Maint. Dist. AD 121 & Ord. Traffic Engineer to prepare & file report (Annex. 81/28 - Horley & Noren) Council to send letter to Caltrans Adopted Adopted Res. #4004, apprvg. City Traffic Engineer's Report (Annex. 81/28 - Horley & Noren) Adopted Res. #4005, declaring Intent to Annex certain area to Ltg. Maint. Dist. AD 121 (Annex. 81/28 - Horley & Noren) Res. #4006, appointing John W. Donlevy as City Manager Modifications of Downey Swimming Pool Ord Adopted; sets hearing for August 25, 1981 Adopted Hearing set for August 25, 1981 2 2 2 2 2 2 2 2 2 3 3 3 3 3 0 4 Page 1 of 2 COUNCIL MINUTES, AUGUST 11, 1981 TABLE OF MINUTE ACTIONS (CONTINUED) Residential Refuse Collection Contract Option to lease Rancho Santa Gertrudes School for park purposes: Officially notify Downey Unified School Dist. City is not interested Direct staff to review & change City's ordinance to increase minimum size of houses allowed Zone Change Case #172, 11744 Adenmoor Av. Zoning Ordinance Amendment re Factory -Built Housing Extention of Moratorium Ordinance re Factory -Built Housing Bergman Lane improvements - Meeting to be set bet. staff & property owners & report will be provided to Council Status of Firing Range Cn. Swearingen reported on Committee on Aging requests Status of ordinance re parking of vehicles bet. house & street Cn. Cormack comments on reported tree limb damage to vehicle & citizen req. f/removal of tree & offer to help pay costs Downey Community Hospital: Motion to direct staff to work w/Hospital Bd. in preparing legal document giving total control to Board as long as standards are met; but if not met, City will automatically take control Closed session re litigation Auth. City's insurance adjuster to negotiate settlement on Legal Claim of Automobile Club ACTION: PAGE NO. Held over to next meeting 4 Approved 4 I Approved 4 (-- Hearing set for September 8, 1981 4 Hearing set for September 8, 1981 4 a I Staff authorized to set hearing 4 5 Report to be subm. to Council next meeting 5 List of requests to be submitted to City Manager 5 Report to be subm. to Council next meeting 5 i Referred to staff 5 Failed 5 5 Approved 5 Page 2 of 2 ,6 $So MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 11, 1981 The City Council of the City of Downey held a regular meeting at 7:30 p.m., August 11, 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 Theoaore H. Jackman Milton R. Mackaig Mayor ALSO PRESENT: John W. Donlevy, 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 Harald J. Henriksen, City Engineer Harry Rayson, Building Official Martin Mayer, City Prosecutor Charles G. Eccleston, Traffic Engineer Don Wagner, Assistant to City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Councilman Jackman. The Flag Salute was led by Councilman Swearingen. Mayor Mackaig announced an agreement has been reached today regarding the I-105 Freeway, and it will be built. PRESENTATIONS: None HF.ARTNC:S Mayor Mackaig opened the hearing on A tion Appeals Board for property located at response was yes. to decision of Building Rehabilita- Calmcrest Drive. He asked the City riven to the property owner, and the Mr. Donlevy said staff has submitted a detailed summary of event§ leading up to the hearing and will respond to any questions of the Council. Mayor Mackaig inquired if the City Clerk had received any correspondence on this matter. Mr. Shand replied a letter was received from Ruth R. Salla addressed to a constituent regarding her property, and copies were distributed to the Council and various Department Heads. Mayor Mackaig asked if there was anyone present who wished to speak in favor of the appeal. Ruth R. Salla, 7631 Calcrest Drive, Downey, addressed the Council for the pur- pose of appealing the decision of the Building Rehabilitation Appeals Board on her property at 7631 Calmcrest Drive. She proceeded to comment on matters not pertain- ing to the subject under discussion and was advised by Mayor Mackaig to limit her remarks to the issue being heard. One of the points raised by Mrs. Salla was that she received a notice stating her property was all right, and then she subsequently was informed it was not and that there would be a hearing. She expressed her rights to her private property and her privacy. Mr. Mayer explained after hearing evidence presented concerning the subject property, the Building Rehabilitation Appeals Board made a determination the pro- perty was not being maintained according to the Downey Municipal Code. Mrs. Salla Council Minutes 8/11/81 -1- had the right to appeal that decision and to show the Council the property was being maintained and where the Board erred in its decision. He pointed out that at the Board hearing, Mrs. Salla was represented by her attorney. There being no one else wishing to speak in favor and no one to speak in opposition, it was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to close the hearing. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to deny the appeal and affirm the decision of the Build- ing Rehabilitation Appeals Board. CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to approve the Consent Calendar: Minutes: Adjourned Regular Meeting of July 27 1981. Correspondence from Pacific Telephone Co, regarding Increase in Mobile Radio Telephone Service Rates. Correspondence from City of Fontana in Support of Ratification of the Peripheral Canal Referendum. of Legal Claims: Ref. #523, Nick P. Dialynas; Ref. #524, Anna M. Cash Contract #477, Unit I - Demolition of Site Imorovements at City Hall Site: Plans and specifications and grant authority t for bids (A/C #40-13919). General Warrants: #192367 - 192674; #208415 - 208459: $1,499,617 27. RESOLUTION NO. 4000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY COMMENDING MRS. OPAL HENN AS A RECIPIENT OF THE DOWNEY EXCHANGE CLUB'S BOOK OF GOLDEN DEEDS RESOLUTION NO. 4001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE MUNICIPAL REORGANIZATION INVOLVING THE DE- TACHMENT FROM THE CITY OF DOWNEY AND ANNEXATION TO THE CITY OF PARAMOUNT DESIGNATED AS "DEANNEXATION NO. 7" FROM THE CITY OF DOWNEY (ANNEXATION TO THE CITY OF PARAMOUNT) RESOLUTION NO. 4002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE LOS ANGELES COUNTY BOARD OF SUPERVISORS TO STOP PROVIDING GENERAL FUND SUBSIDY TO LOS ANGELES COUNTY ANIMAL CONTROL CONTRACT SERVICE AREAS WITHOUT EQUITABLE DISTRIBUTION OF FUNDS TO ALL COMMUNITIES ORAL C014MUNICATIONS (Items not on Agenda) Miss Eleanor Lindenfeld, 8846 South Manzanar, Downey, commented on receipt of a notice from Caltrans regarding a decision to appraise her unimproved lot on the northeast corner of Manzanar and Vista Del Rosa for the I-105 Freeway housing replenishment program. She was informed by Caltrans that the housing replenish- ment program was included in the agreement with the Federal Government to build the Freeway. Miss Lindenfeld mentioned she has contacted two attorneys who wanted nothing to do with condemnation proceedings and has sent letters to almost all of her representatives. She obtained 600 signatures on a petition in opposition to to the action by Caltrans and is forwarding copies to other elected officials. She does not want the State to force her or others to sell their lots for this purpose and does not think it is according to the Constitution. Miss Lindenfeld requested the City Council contact Caltrans to stop the condemnation proceedings. Mayor Mackaig said there is no low cost housing scheduled for Downey --it will be built west of the City. He stated with Council's approval, he feels a letter Council Minutes 8/11/81 -2- G 9s� should be written for all Council Members to sign and send to State officials to seek relief for Miss Lindenfeld. Councilman Cormack concurred and feels this should go a step further by re- questing the legislators to instruct Caltrans they are oversteping their authority and that steps can be taken to affect their budget if they don't stay within the proper guidelines of the Constitution. Councilman Jackman indicated that when this subject was discussed at the last meeting, the Council unanimously agreed it wanted no replenishment housing in the City. Mayor Mackaig told Miss Lindenfeld the Council will do its best to represent her. •- Mr. Fred Hughes, 10057 Lesterford Avenue, raised questions regarding Cable TV for the City of Downey. He was informed a public hearing will be held prior to any Cable TV franchise and people will be able to attend and be heard at that time. Mr. Hughes indicated he will ask his questions at the hearing. ORDINANCES ORDINANCE NO. 665 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. 463, ZONE CHANGE CASE NO. 177) (12709-19 LAKEWOOD BOULEVARD) The Ordinance was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Quinn to waive further reading and to adopt Ordinance No. 665. The vote was unanimous. RESOLUTIONS RESOLUTION NO. 4003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROPOSING TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT AD 121 AND ORDERING THE CITY TRAFFIC ' ENGINEER TO PREPARE AND FILE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (ANNEXATION 81/28 - HORLEY AVENUE AND NOREN STREET) 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. 4003. The vote was unanimous. Mr. Eccleston gave an oral report on the Lighting District Annexation. A copy of his written report is on file in the office of the City Clerk. RESOLUTION NO. 4004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE CITY TRAFFIC ENGINEER'S REPORT FOR THE ADDITION TO LIGHTING MAINTENANCE DISTRICT AD 121 OF ANNEXATION 81/28 - HORLEY AVENUE AND NOREN STREET 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. 4004. The vote was unanimous. RESOLUTION NO. 4005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT AD 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES (ANNEXATION 81/28 - HORLEY AVENUE AND NOREN STREET) 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. 4005. The vote was unanimous. (Sets the hearing for August 25, 1981.) Council Minutes 8/11/81 -3- RESOLUTION NO. 4006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING JOHN W. DONLEVY AS CITY MANAGER 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. 4006. The vote was unanimous. CASH CONTRACTS: None MISCELLANEOUS ACTIONS The hearing on Modifications of Downey Swimming Pool Ordinance was set for 7:30 p.m., August 25, 1981, in the Council Chamber of the Downey City Hall. Residential Refuse Collection Contract Mr. Donlevy requested'this matter be carried over to the next meeting„ inas- much as there are other items he feeds need to be addressed and further items to be discussed with the Health & Sanitation Committee. Held over to the next meeting. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to officially notify the Downey Unified School District that the City is not interested in the option of leasing the Rancho Santa Gertrudes School for park purposes. It was moved by Councilman Cormack, seconded by Councilman Swearingen„ and passed by unanimous vote to direct staff to review and change the City's Ordinance to increase the minimum size of houses allowed. Councilman Cormack had suggested a minimum of 960 to 1000 square feet. Mr. Goggin said this will require a hearing before the Planning Commission. Mr. Sorensen explained it is his understanding the ry-built housing will expire prior to a new ordina tive. Therefore, he said, it will be necessary to set a hearing for an extension of the present ordinance. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to set a hearing on Zone Change Case No. 172, 11744 Adenmoor Avenue, for 7:30 p.m., September 8, 1981, in the Council Chamber of the Downey City Hall. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to set a hearing on Zoning Ordinance Amendment regarding Factory - Built Housing for 7:30 p.m., September 8, 1981, in the Council Chamber df the Downey City Hall. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by unanimous vote to request staff to set a hearing on Extension of the Moratorium Ordinance relating to Factory -Built Housing. CITY MANAGER'S REPORT: None STAFF REPORTS: None ORAL COMMUNICATIONS - City Council Councilman Swearingen inquired regarding the status of street improvements on Bergman Lane. Mr. Henriksen replied it is intended to have a meeting with the property owners as soon as word is received from HUD on whether funds would be forthcoming to the City. He said if the Council desires, staff will send a letter to the people advising them of the current situation or an informal meeting can be held to discuss the ramifications of HUD funding. Councilman Swearingen concurred that a meeting should be held to inform the property owners what is proposed. Council Minutes 8/11/81 -4- 6 6Sy Mr. Donlevy stated a meeting will be set and a written status report will be provided to the Council. Councilman Swearingen inquired regarding status of the Firing Range. He was told a report will be provided to the Council next meeting. Councilman Swearingen mentioned he attended a meeting of the Committee on Aging and that they have a long list of requests. He was asked to submit the list of senior citizen requests to the City Manager to see what he can work out. Councilman Cormack asked what has been done on the Ordinance pertaining to parking of vehicles between the house and the street. He was informed a report will be submitted to the Council next meeting. Councilman Cormack said he was advised by Mrs. Papec that a tree limb fell on her vehicle, and she has requested staff to check the tree again and assess it as a dangerous tree. Mrs. Papec has offered to help pay for removal of the tree. Her name and address will be provided to staff. It was moved by Councilman Cormack and seconded by Councilman Swearingen to direct staff to work with the Hospital Board in drawing up a legal document, which gives total control of the Downey Community Hospital to the Hospital Board as long as they meet the standards of the Hospital Validation Board, with the condition that if they fail to qualify within a given time limit the City will automatically take control. Councilman Quinn suggested perhaps this is something that should be presented to the citizens of Downey. Mayor Mackaig said he does agree in theory, but in principle he would have to vote against it because he does not know what the legal ramifications are. During further discussion, Councilman Jackman stated the City has a lease agreement with the Hospital Board, and he questions whether this might abrogate the agreement and the city's responsibility. Councilman Quinn indicated he would like to take this under submission for several weeks. AYES: 2 Council Members: Swearingen, Cormack NOES: 3 Council Members: Quinn, Jackman, Mackaig Failed. ORAL COMMUNICATIONS - Audience: None CLOSED SESSION At 8:35 p.m., Mayor Mackaig recessed the meeting to closed session to discuss litigation. The meeting resumed at 8:50 with all Council Members present. It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by unanimous vote to authorize the City's insurance adjuster to negotiate settle- ment on the Le4al Claim of the Automobile Club. ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 8:50 p.m. Robert L. Shand, City Clerk -Treasurer Milton R. Mackaig, Mayor Council Minutes 8/11/81 -5-