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HomeMy WebLinkAboutMinutes-07-12-83-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 12, 1983 T A B L E O F M I N U T E A C T.I 0 N S SUBJECT Resignation of Mayor Quinn Councilman Robert G. Cormack elected as Mayor of City of Downey Councilman Theodore H. Jackman elected as Mayor Pro Tempore of City of Downey Zone Change Case #194, N/o Benares St. W/o Old River School Rd. Zone Change Case #195, N/o Cleta St. bet. Downey Av. & Brookshire Av. Zone Change Case #197, Lakewood Bl. from Mory St. to Donovan St. Zone Change Case #198, property bounded by Lakewood B1., Bellflower B1. & Hall Rd. Zone Change Case #199, Cornuta Av. & Belcher St. bet. Woodruff Av. & Foster Rd. Res. #4275, Ord. Vacation of Portion of Pangborn Av. Sly. of Firestone Bl. Removal of Items from Consent Calendar Minutes, Adj. Reg. Mtg., June 20, 1983 Corres. from U.S. Dept. Housing & Urban Dev. re receipt of City's subm. for addl. Comm. Dev. Block Grand Funds ACTION Accepted Approved Approved Hearing continued to July 26, 1983 Hearing continued to July 26, 1983 Hearing continued to July 26, 1983 Hearing continued to July 26, 1983 Hearing continued to July 26, 1983 Adopted Approved Filed General Warrants: #211036 - 211079 #311616 - 311863 Approved Contract for Police Patrol in I-105 Freeway Corridor: Ratify signing of serv. contract X-7977 w/Caltrans to provide police patrol Approved Res. #4276, Apprvg. proposal w/State of Calif. (grant to work in public R/W) Adopted Minutes, Adj. Reg. Mtg., June 13, 1983 Approved Cash Contract #491, Library Addition - Change Order No. 9: Recommend approval to Civic Center Corp. of time ext. 21 days to be added on to original time of contract Approved Res. #4277, Consenting to Assignment of & Approving Transfer of Pipeline Franchise (Ord. #638) from Gulf Oil Co. - U.S. to Golden West Refining Co. Adopted Meeting recessed to Downey Comm. Theatre Redevelopment Plan Amendment #3: Adopt by deleting all remaining areas w/exception of Firestone Corridor; County ppties; & School Dist. ppties, as outlined in staff report Approved Res. #4278, Adopting E.I.R. for Downey Redevelopment Plan Amendment No. 3 Adopted PAGE NO. 1 1 1 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 4 4 4 Page 1 of 2 COUNCIL MINUTES, JULY 12,'1983 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Ord. Apprvg. a Plan Amendment for Downey Redevelopment Proj. Amndmt. #3 as Official Redevelopment Plan for said Project Introduced 5 Ord. #724, Amending Zoning Map adopted by Sec. 9106.06 DMC (Planning Res. #658, Zone Change Case #193) (11711 Downey Av.) Adopted 5 Res. #4279, Establishing Three Water Service Zones for Separate Water Rates & Rescinding '. Res. #4114 Adopted 6 SS Proj. #364 (FAU), Bellflower B1. - Imperial to Lakewood: Extra work & maint. responsibility Approved 6 Civic Center Const. - Reject bid & leave cross braces in Approved 6 Cn. Davila: re AB 1545, Redevmt. Reform 6 Oral Communications 6, 7 Meeting adjourned to 7:30 p.m., July 18, 1983 7 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 12, 1983 The City Council of the City of Downey held a regular meeting at 7.30 p.m., July 12, 1983, in the Council Chamber of the Downey City Hall, Mayor James T. Quinn presiding. PRESENT: Council Members: James T. Quinn Mayor Robert G. Cormack Mayor Pro Tem Theodore H. Jackman Randall R. Barb Bob Davila ALSO PRESENT: Bud Ovrom, City Manager '.. Carl K. Newton, City Attorney William F. Martin, Police Chief Don Davis, Fire Chief Harald J. Henriksen, City Engineer Harry Rayson, Building Official Ron Yoshiki, Assistant City Planner Greg Shaffer, Principal Planner Earl Strom, Battalion Chief Alta Duke, Recreation Supervisor Dudley Lang, Consultant Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend Harold Adams, First Baptist Church. The Flag Salute was led by Councilman Barb. REORGANIZATION OF CITY COUNCIL Mayor Quinn introduced his wife, Marjorie, and 'daughter, Julia Jenkins. He indicated he is proud to have served as Mayor for the past year. He then resigned as Mayor of the City of Downey. It was moved by Councilman Jackman and seconded by Councilman Barb to accept Mayor Quinn's resignation. Councilmen Jackman, Barb and Davila each extended their appreciation to Mayor Quinn for having served as Mayor this past year and 'doing a good job for the community. Mr. Shand then declared the office of Mayor open and called for nominations. It was moved by Councilman Jackman and seconded by Councilman Barb to nominate Councilman Robert G. Cormack as Mavor of the Citv of Downey There being no further nominations, it was moved by Councilman Jackman and seconded by Councilman Barb that nominations be closed. Roll call vote to elect Councilman Robert G. Cormack as Mayor. AYES: 4 Council Members: Jackman, Barb, Davila, Quinn ABSTAIN: 1 Council Member: Cormack Mayor Cormack congratulated Councilman Quinn on his term as Mayor. On behalf of the City Council, he presented former Mayor Quinn with the Mayor's gavel, a Certificate as Mayor, and a tie tack. Mrs. Cormack presented flowers to Mrs. Quinn. Former Mayor Quinn presented the First Lady Necklace to Mrs. Cormack. Mayor Cormack declared the office of Mayor Pro Tempore open. It was moved by Councilman Barb and seconded by Councilman Quinn to nominate ilman Theodore H. Jackman as Mavor Pro Temoore of the Citv of Downey. Council Minutes 7/12/83 -1- There being no further nominations, it was moved by Councilman Davila and seconded by Councilman Barb that nominations be closed. Roll call vote to elect Councilman Theodore H. Jackman as Mayor Pro Tempore of the City of Downey. AYES: 4 Council Members: Barb, Davila, Quinn, Cormack ABSTAIN: 1 Council Member: Jackman HEARINGS Mayor Cormack opened the following hearings and then requested a motion to continue: Zone Zone Change Case No. Zone Change Case No. Zone Chancre Case No. Foster North of Cleta St. between Do, Lakewood Bl. from Mory St. to Dronertv bounded by Lakewood River School Rd. Av. & Brookshire Av. 199, Cornuta Av. & Belcher St. between Woodruff Av. & It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to continue the hearings to 7:30 p.m., July 26, 1983, in the Council Chamber of the Downey City Hall. Councilman Quinn asked if everyone had been notified the hearings would be postponed to the next meeting, and the City Clerk replied yes. AYES: 5 Council Members: Jackman, Barb, Davila, Quinn, Cormack Mayor Cormack opened the hearing on Vacation No. 143, Pangborn Avenue southerly of Firestone Boulevard. He inquired if the City Clerk had the Affidavit of Posting of Notice, and the City Clerk replied yes. It was moved by Councilman Jackman, seconded by Councilman Quinn, and so ordered to receive and file the Affidavit. Mr. Henriksen reported the vacation is requested in conjunction with a proposed development to take place at the subject location. Approval is recommended. There being no one present to speak in opposition or in favor, it was moved by Councilman Jackman and seconded by Councilman Quinn to close the hearing. RESOLUTION NO. 4275 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE VACATION OF A PORTION OF PANGBORN AVENUE SOUTHERLY OF FIRESTONE BOULEVARD The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to waive further read- ing and to adopt Resolution No. 4275. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Items VIII-A, Minutes of Adjourned Regular Meeting of June 13, 1983; VIII-C-1, Cash Contract #491, Library Addition; and VIII-F-1, Resolution consenting to assignment of transfer of Pipeline Franchise, were removed from Consent Calendar. CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Adjourned Regular Meeting of June 20 1983. Correspondence from U.,S. Department of Housing & Urban Development acknowledg- ing receipt of City's submission for additional Community Development Block Grant Funds (CDBG) under Public Law 98-8 (Jobs H;7.7)_ General Warrants: #211036 - 211079; #311616 - 311863: $761,842.89. Contract for Police Patrol in I-105 Freeway Corridor: Ratify signing of service contract X-7977 with the State of California Department of Transporta- tion for providing police patrol. Council Minutes 7/12/83 -2- RESOLUTION NO. 4276 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE ATTACHED PROPOSAL WITH THE STATE OF CALIFORNIA (Grant for work in public Right -of -Way) AYES: 5 Council Members: Jackman, Barb, Davila, Quinn, Cormack Minutes, Adjourned Regular Meeting of June 13, 1983 Councilman Davila indicated he was not present at the meeting and will abstain from voting on approval of the Minutes. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to approve the Minutes. AYES: 4 Council Members. Jackman, Barb, Quinn, Cormack ABSTAIN: 1 Council Member: Davila Cash Contract #491, Library Addition - Change Order No. 9 Councilman Barb questioned why this has been placed on the Agenda when it was rejected at the last meeting. Mr. Henriksen explained at a meeting between two Council Members, the con- tractor and architect it was indicated to staff this could be brought back for the full Council in view of testimony given by the contractor at that meeting. Mayor Cormack indicated he attended the meeting, and it was felt after review- ing the progress and problems that the contractor was within his right to ask for additional days. Councilman Jackman stated the fault did not lie with the contractor but with the architect, and it is felt the contractor should be granted the extension be- cause he attempted to expedite this matter so there would be no greater extension than the 21 days. Councilman Barb feels if it is the architect's fault then the Council should deny the extension and ask the contractor to seek damages from the architect. Mr. Newton explained facts were brought out in the meeting that indicated the contractor encountered something on the job that was not foreseen, and it is questionable whether fault can be assigned to anyone, although it is clear it would not be the fault of the contractor based on facts discussed at the meeting. It was moved by Councilman Barb, seconded by Councilman Quinn, and passed by unanimous vote to recommend approval to the Civic Center Corporation of a time extension of 21 days to be added on to the original time of the contract. Transfer of Pipeline Franchise - Gulf Oil Comuan Responding to Councilman Davila's request for further information, Mr. Henriksen explained the City Charter provides issuing franchise agreements. This franchise has been in existence since the City incorporated and has been renewed several times. The current renewal was in September 1981 for a five-year period. Gulf Oil Company is divesting itself of this particular phase within the City and is requesting the franchise be transferred to Golden West Refining Company, who will undertake all of the provisions of the existing franchise ordinance. Mr. Newton stated information has been provided by both companies in the form of certifications as to sufficiency of assets, and it appears the transfer is appropriate. RESOLUTION NO. 4277 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONSENTING TO THE ASSIGNMENT OF AND APPROVING THE TRANSFER OF A PIPELINE FRANCHISE (ORDINANCE NUMBER'.628) FROM GULF OIL COMPANY - U.S. TO THE GOLDEN WEST REFINING COMPANY The Resolution was read by title only. It was 'moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to waive further read- ing and to adopt Resolution No. 4277. Council Minutes 7/12/83 -3- 7246 ORAL COMMUNICATIONS - Items not on Agenda Mayor Cormack indicated that following Oral Communications, the meeting will be recessed over to the Downev Community Theatre. Mr. David Ray, 7338 Nada Street, said there are 150-200 people at the Theatre waiting for the meeting to continue at that location. He asked if oral communica- tions will be conducted at the Theatre. Councilman Quinn replied there will be oral communications for the Community Development Commission. Councilman Davila feels it is unfair to have oral communications before adjourn- ing over to the Theatre. He then made a motion to recess and call people at the Theatre over to the Council Chamber for oral communications. There was no second. It was moved by Councilman Barb and seconded by Councilman Davila to adjourn over to the Theatre. At 8:02 p.m., the meeting was recessed over to the Downey Community Theatre. The meeting resumed at 8:15 p.m. with all Council Members present. ORDINANCES Mayor Cormack indicated the Council will first consider the matter of Redevelop- ment and then have oral communications on items other than redevelopment. Redevelopment Plan Amendment No. 3 Mr. Ovrom said a report has been presented to the Council bring them up to date as of the last public hearing. On the maps displayed, the areas shown in orange are the areas that by straw vote have been deleted from the proposal. He suggested for Council consideration the possibility of limiting the project area to just the Firestone Corridor, County properties, and the School District properties. If the Council concurs, the map of the areas shown in yellow would also be deleted as follows: All of Area 1, what is left of Area 3, all of Area 6, what is left of Area 7, all of Area 4, all of Area 22, all of Area 23, what is left in Area 26, and all of Area 16. A letter has been received from the School District asking that all of its properties be kept in the project areas. The schools previously deleted, such as Gauldin, Carpenter, and Ward would need to be added back in. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by the following vote to adopt Redevelopment Plan Amendment No. 3 by deleting all of the remaining areas in the proposed Plan with the exception of the Firestone Corridor, the County properties, and the School District properties, as outlined in the staff report. Councilman Davila does not feel it is proper to put this matter through because it has not been planned out, and he intended to make a motion to reject the Plan. AYES: 4 Council Members: Jackman, Barb, Quinn, Cormack NOES: 1 Council Member: Davila RESOLUTION NO. 4278 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE ENVIRONMENTAL IMPACT REPORT FOR THE DOWNEY REDEVELOPMENT PLAN, AMENDMENT NO. 3 The Resolution was read, by title only. It was moved by Councilman Davila to reject. The motion died for lack of a second. It was moved by Councilman Quinn to waive further reading. Councilman Davila objected and asked wanted the Resolution be read into the Minutes. The Resolution was read', in its entirety. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by the following vote to adopt Resolution No. 4278. AYES: 4 Council Members: Jackman, Barb, Quinn, Cormack NOES: 1 Council Member: Davila Council Minutes 7/12/83 -4- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A PLAN AMENDMENT FOR THE DOWNEY REDEVELOPMENT PROJECT AMENDMENT NO. 3 AS THE OFFICIAL REDEVELOPMENT PLAN FOR SAID PROJECT The Ordinance was read by title only. It was moved by Councilman Davila to reject. The motion died for lack of a second. It was moved by Councilman Quinn to waive further reading. Councilman Davila objected. The Ordinance was read in its entirety. It was moved by Councilman Davila to reject. The motion died for lack of a second. It was moved by Councilman Jackman, seconded by 'Councilman Quinn, and passed by the following vote to introduce the Ordinance. AYES: 4 Council Members: Jackman, Barb, Quinn, Cormack NOES: 1 Council Member: Davila An unannounced speaker said he had submitted a request to be heard on the redevelopment matter. He was told he would be able to speak under oral communica- tions later in the meeting. ORDINANCE NO. 724 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. 658, ZONE CHANGE CASE NO. 193) (11711 Downey Avenue) The Ordinance was read by title only. It was moved by Councilman Jackman and seconded by Councilman Quinn to waive further reading and to adopt Ordinance No. 724. AYES: 4 Council Members: Jackman, Barb, Quinn, Cormack NOES: 1 Council Member: Davila When asked about his "no" vote, Councilman Davila indicated he wants the Ordinance read in full. The Ordinance was then read in its entirety. It was moved by Councilman Davila to reject. The motion died for lack of a second. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by the following vote to adopt Ordinance No. 724. AYES: 4 Council Members: Jackman, Barb, Quinn, Cormack NOES: 1 Council Member: Davila Mayor Cormack declared a recess from 8:57 p.m. to 9:00 p.m. The meeting resumed with all Council Members present. ORAL - Items not on Agenda Mr. Greg Palmer, 8633 Devenir, indicated the State Attorney General's Office will be investigating improprieties at City Council Meetings. Also, the State of California Redevelopment will be reviewing the City's report to be filed, as well as a special investigator for Los Angeles County will be looking into improprieties. Mr. Paul Sarvis, 13603 Harlin, representing Downey Citizens Against Redevelopment Excesses, started to address the Council but was reminded this oral communications is for items not on the Acrenda. Mr. David Ray, 7338 Nada, expressed shock that there will be no Council Members or the City Attorney present at the debate tomorrow evening regarding the Downey Community Hospital issue. He formally invited Mayor Cormack to attend and explain to citizens how Ordinance No. 711 was adopted, as well as to speak on redevelopment and the Sign Ordinance. Council Minutes 7/12/83 -5- RESOLUTIONS RESOLUTION NO. 4279 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING THREE''(3) WATER SERVICE ZONES FOR SEPARATE WATER RATES AND RESCINDING RESOLUTION NO. 4114 The Resolution was read, by title only. It was moved by Councilman Jackman and so ordered to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to adopt Resolution No. 4279. ADMINISTRATIVE REPORTS It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to approve extra work in the amount of $786.07, accept the improvements constructed under S.S. Project #364 (FAU), Bellflower Boulevard - Imperial Highway to LakewoodBoulevard, and accept the maintenance responsibility for improvements constructed (A/C #26-16246). It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by the following vote to reject the bid and leave the cross braces in the Civic Center construction. Councilman Barb inquired whether the estimates are a reasonable alternative. Mr. Henriksen replied that at a meeting staff had with the contractor, City Council Members, the City Attorney and the contractor, this was submitted to the architect, who has not had an opportunity to review and see whether it would be in line with current prices. Mayor Cormack mentioned', that to remove all of the cross braces and replace with the remedy proposed would cost beyond one-half million dollars. AYES: 5 Council Members: Jackman, Barb, Davila, Quinn, Cormack ORAL COMMUNICATIONS - City Council Councilman Quinn indicated he was proud to have served as Downey's Mayor for the past year. Councilman Davila inquired if the City Manager is aware of Assembly Bill 1545 regarding redevelopment reform, and its contents. Mr. Ovrom replied yes, the bill was drafted by the California Redevelopment Association and the League of California Cities. It is his recollection the Council has gone on record supporting the bill while at the same time taking a stand against Senate Bill 617, a bill proposed by the County Association. Mr. Ovrom will provide a copy of the bill and a full analysis to all the Council Members. ORAL COMMUNICATIONS - Audience Cormack be Lme limit and said each speaker will When a gentleman in the audience objected, Councilman Davila asked the City Attorney whether a time limit can be imposed. Mr. Newton replied the chair has the power to conduct the business of the City Council and can impose reasonable limits upon speakers that it considers appropri- ate. If a majority of the Council considers it appropriate, it may overrule any ruling of the chair on a procedural matter. Councilman Davila moved to extend the time period to at least ten minutes. The motion died for lack of a second. Mr. Paul Sarvis, 13603 Barlin, discussed the effect the action of Downey Unified School District in joining with Los Cerritos College District would have on future tax increment moneys available for use by the Redevelopment Acrencv. He recommended the Council reject the Redevelopment Plan and said his organization is prepared to meet any time with anyone to discuss a feasibility study. Mr. Greg Palmer, 8633 Devener, granted his three minutes to Mr. Sarvis, but was told by the Mayor there would be one time allowed to each speaker. Council Minutes 7/12/83 -6- Mr. Richard Lambert, 12511 Birchdale, commented on the conduct of the meeting. Mario (inaudible), 13441 Lakewood Boulevard, #47, discussed the conduct of the meeting and questioned where people, who are subject to relocation under the Redevelopment,Plan, would be relocated. Mr. David Ray, 7338 Nada, commented on the conduct of the meeting. Mr. Don Jervis said people have told the Council they do not want the Redevelop- ment Plan. Mr. Lennie Whittington, 8542 Manatee, residing in Area 18 where the School District headquarters are located, said he did not hear his area deleted from the Redevelopment Plan. He expressed concern that approving the Firestone Corridor would leave it open for other areas to be included later. Mr. Whittington questioned whether the homes in Area 18 are still included in the Plan, as well as the number of conforming areas that might still be included. He commented on the Downey Community Hospital issue and questioned why none of the Council Members will be present at the forum to be conducted by the League of Women Voters. Mr. Everett Frank, 13320 Castana, indicated he had been awakened to City government. ADJOURNMENT The meeting was adjourned at 9:37 p.m. to 7:30 p.m., July 18, 1983,^in the Council Chamber of the Downey City Hall. Robert L. Shand, City Clerk -Treasurer Council Minutes 7/12/83 -7-