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HomeMy WebLinkAboutMinutes-03-11-80-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 11, 1980 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Lot Cleaning Program - 1980 Season: Authorize work to be performed in accordance w/City Ordinance & State Law Approved Appeal, Zone Variance #93, 9262 Firestone B1.: Direct staff to bring back resolu- tion setting tie '_i.:.it 5 yrs. along with conditions recommended by staff Approved Ordinance amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change #150 - 7429 Firestone B1.) Introduced Ordinance amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Charge 4151 - 7915 Florence Ave.) Introduced Ordinance amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change #152 - 10517-21 Lakewood Bl.) Introduced Removal of Items from Consent Calendar Minutes: Reg. Mtg., February 26, 1980 Approved General Warrants: #181704 - 181905 #206723 - 206785 Approved Tract #32886, Alameda at Lakewood; Tract #34378, Downey & Texas; & Tract #34367, 11834 Downey Ave. & Cole St.: Accept improvements Approved Resolution #3770, Auth. Destruction of Records no Longer Needed (Fire Dept.) Adopted Resolution #3771, Apprvg. Reappointment of Norman J. Tatham as member of L.A. County/ Downey Regional Public Recreation Area Comm. Adopted Tract #38207, 9914 Tweedy In.: Park fee at $175 per unit Approved Resolution #3772, Apprvg. Final Subdiv. Map of Tr #38207 (9914 Tweedy Ln.) Adopted Resolution #3773, Determining Sec. 1094.6 of Code Civil Procedure of State shall be Applicable to Final Adjudicatory Administrative Decisions Adopted Resolution #3774, Appointing City Manager as Local Agent to Administer Obtaining Federal Financial Assistance under Disaster Relief Act (Public Law 288, 93rd Congress) Adopted Resolution #3775, Deferring Building of Adopted: Staff auth. to prepare Basketball Courts in Furman Park Area survey & needs assessment for Furman Park Resolution #3776, Opposing any Recommenda- tion establishing a Fee Schedule for Crime Laboratory Services Adopted PAGE NO. Yl 2 3 3 4 a 4 4 4 4 4 5 5 5 5 7 Pace 1 of 2 COUNCIL MINUTES, MARCH 11, 1980 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: Resolution n3777, Req. Allocation of County Aid to Cities Funds for Maint. of Select System Streets & Rescinding Res. n3765 CC ,",448, Alley Reconstruction: Authorize transfer of funds & award of contract CC r454, Backstop Diamond r2, Rio San Gabriel Park: A-t:orize transfer of funds; award of contract; & waive irregularity in id bond Change of Regular April 8, 1980, Council Meeting Date ACTION: Adopted Approved Approved Date to be determined during adjournment on March 25th Improved Deptment of Community Development Counter/Office Layout: Auth. expenditure of $49,000 Approved Req. for hearing on Appeal, CUP n96, 8509 Imperial Hwy. Formation of assessment district on Orizaba S/o Orange: Auth, staff to proceed Report on City Prosecutor Discussion re failure to post prices by service stations in City Discussion re 1979-80 Downey Community Hospital Budget City Attorney meeting with County Counsel re status of retroactive Utility Users Tax Ref. to Planning Comm. Approved Req. for Mr. Mayer to begin now while study being made re costs for full-time attorney compared to two-part time attorneys City Attorney preparing report PAGE NO. 7 7 7 8 8 8 8 9 9 9 10 Page 2 of 2 i MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 11, 1980 The City Council of the City of Downey held a regular meeting at 7:30 p.m., March 11, 1980, in the Council Chamber of the Downey City Hall, Mayor Kenneth J. Miller presiding. PRESENT: Council Members: Milton R. Mackaig Theodore H. Jackman Mayor Pro Tem Lyell W. Swearingen William L. Greene Kenneth J. Miller Mayor ALSO PRESENT: Charles W. Thompson, City Manager Royal M. Sorensen, City Attorney Howard F. Stup, Director of Community Development 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 John H. Saunders, Personnel Officer Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend Pat Major, Chaplain at Rio Hondo Hospital. The Flag Salute was led by Councilman Swearingen. HEARINGS Mayor Miller opened the hearing on Lot Cleaning Program - 1980 Season. He inquired if the City Clerk had the Affidavit of Publication, and the response was yes. It was moved by Councilman Mackaig, seconded by Councilman Jackman, and so ordered to receive and file the Affidavit. Mayor Miller inquired if the City Clerk had received any written protests, and the response was no. There being no one present to speak in protest to the Lot Cleaning Program, it was moved by Councilman Mackaig and seconded by Councilman Jackman to close the hearing. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to order the work to be performed in accordance with City Ordinance and State Law. Mayor Miller opened the hearing on Appeal to Zone Variance #93, 9262 Firestone Boulevard. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Jackman, seconded by Councilman Greene, and so ordered to receive and file the Proof. Mr. Goggin reported on the request for a 36 foot high sign with 172 square feet of sign area adjacent to the front property line. He said following hearings before the Planning Commission and further discussions toward a solution to this matter, the Commission denied the case. As a final solution, the applicant has proposed a 148 square foot sign 32 feet in height on the property line. The Zoning Ordinance permits only a sign 20 feet high, 42 square feet at the property line. Mayor Miller inquired if the City Clerk had received anv correspondence on this matter, and the response was no. Mr. Milton Schoof, owner of Downey Volkswagen at 9262 Firestone Boulevard, said the notice he received for this hearing was through the property owner, Mrs. Tatti. He explained the dealership was constructed in 1956, along with the present Council Minutes 3/11/80 -1- 17 product sign, at a time when there was nothing in the area on Firestone Boulevard, so the sign is old, unsightly, in sad state of disrepair, and severely lacks in exposure along Firestone. Mr. Schoof pointed out he has spent a great deal of money to cosmetically upgrade the business. He said there are 16 new car dealer- ships in the City, and his has the least number of product signs. He did comment on the attempts to modify his original request to a point the Planning Commission would find compatible and noted that he did agree to reduce the height of the sign to 32 feet and 148 scuare feet. Mr. Schoof said in order to comply with the City's code as to setback, his sign would get lost because of the surrounding buildings. He distributed for the Council's viewing an exhibit of photographs showing his current sign from different directions as it appears against the sur- rounding area and the sign he proposes to use. He stated that in a survey conducted by his business, one of the issues brought out was that people had trouble finding the dealership, particularly coming from the east. Mr. Schoof pointed out that not only does his business have to compete with other dealerships __. the City but it has to compete with other Volkswagen dealerships in nearby cities. Mayor Miller asked if the liquor store sign on Firestone is a legal sign or if it has an abatement period. Mr. Goggin replied it is a non -conforming use and has an abatement period. Mr. Schoof said he would be willing to comply with any amortization or abate- ment schedule. He feels he is being placed at a severe business handicap because he is being asked to comply now when his competitors have 7111 to 9 years to comply. Mayor Miller asked Mr. Schoof that if the Council is willing to go along with his request, would he be willing to relocate the sign at the end of a given time. Mr. Schoof replied yes. It was pointed out there are seven years left in the abatement period of signs in the City since adcntion of the Zoning Ordinance was late in 1977. Mr. Sorensen cited findings the Council can make for approving the appeal but noted the approval should state an expiration date. There was no one else to speak in favor and no one to speak in opposition. Mr. Goggin said the basis of Mr. Schoof's presentation has been he should be allowed to have the same thing as other people, which are non -conforming uses, and one of the things that should not be done under the Ordinance is to grant non- onforming uses on the basis of other non -conforming uses. If this occurs, then the City will never achieve the goals of the Sign Ordinance. He pointed out that Greenwood Pontiac has a new sign, and it is neat and clean and in the required setback. Mr. Goggin indicated there are a number of areas on the applicant's pro- perty for locating a sign that could easily be seen. Mr. Schoof said he was informed by the Planning Division to submit alternatives, but was unable to present altneratives agreeable by Planning. He mentioned he is willing to make modifications to the curb and ingress and egress, as well as put in new planters, as requested by the City; but, if he is going to invest money for a sign, then people should be able to see it. It was moved by Councilman Greene, seconded by Councilman Swearingen, and so :-rdered to close the hearing. During discussion, Mr. Sorensen suggested if the Council proposes to put a limitation on the variance that it not be tied to an abatement period on another site but that it be a precise time limit which will be easier to enforce. Mr. Goggin said if staff had recommended approval of the variance, there would be some conditions which should be added regarding the driveway, etc. Mr. Schoof mentioned he is in total agreement to all of the conditions of the Traffic Engineer. It was moved by Councilman Greene, seconded by Councilman Swearingen, and Passed by unanimous vote to direct staff to bring back a resolution setting the time limit for five years on Zone Variance t93, along with conditions recommended by staff. Mayor Miller opened the hearing on Zone Change Case No. 150, 7429 Firestone Boulevard. He inquired if the City Clerk had the Proof of Publication., and the response was yes. Council Minutes 3/11/80 -2- It was moved by Councilman Mackaig, seconded by Councilman Jackman, and so ordered to receive and file the Proof. Mr. Goggin reported on the request to change the zone to R-3 with a PUD, which would allow the applicant to build apartments under the R-3 section of the Code or condominiums under the PUD section. Mayor Miller inquired if the City Clerk had received any correspondence on this matter, and the response was no. There being no one present to speak in favor or in opposition, it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing. ORDINANCE NO. 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. 335, ZONE CHANGE CASE NO. 150) The Ordinance was read by title only. It was moved by Councilman Jackman and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to introduce the Ordinance. Mayor Miller opened the hearing on Zone Change Case #151, 7915 Florence Avenue. He inquired if the City Clerk had the Proof of Publication, and the response was yes. Mr. Goggin reported on the request of Sav-On Drug Store to change the zone from C-3, R1-7500, and R-3 with a PUD, to C-2 with the northly 117 feet as PB (parking buffer). Mayor Miller inquired if the City Clerk had received any correspondence on this matter, and the response was no. Mayor Miller then asked if there was anyone present to speak in favor of the proposed zone change. Mr. Willis R. Hanes, 8601 Florence Avenue, architect representing Sav-On Drug Store, commented on the plans to remodel the store and entire parking lot. He said the purchase of property to the north has been consummated to provide addi- tional parking needs, and every consideration will be given to the adjacent concominium development. Mr. William P. Wilson, legal counsel for Sav-On, asked if it would be per- missable for the Mayor to inquire if there are any objectors present in the audience. Mayor Miller then asked if there was anyone present to speak in opposition. There was no response. Mr. Wilson said Sav-On approved the City's long-term traffic count summary. Also, the three adjacent property owners approve of the zone change. There being no one else to speak in favor and no one to speak in opposition, it was moved by Councilman Mackaig and seconded by Councilman Swearingen to close the hearing. ORDINANCE NO. 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. 336, ZONE CHANGE CASE NO. 151) The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Jackman to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to introduce the Ordinance. Mayor Miller inquired if there was anyone present to speak regarding Zone Change Case No. 152, 10517-21 Lakewood Boulevard. There was no response. Council Minutes 3/11/80 -3- Mavor Miller then declared a recess from 9:05 p.m. to 9:13 p.m. The meeting resumed with all Council Members present. Mayor Miller opened the hearing on Zone Change Case No. 152, 10517-21 Lakewood Boulevard. He inquired if the City Clerk had the Proof of Publication, and the response was ves. It was moved by Councilman Mackaig, seconded by Councilman Greene, and so ordered to receive and file the Proof. Mr. Goggin reported on the request to change the zone to R-3 with a PUD and commented on the development and zoning of adjacent properties. He said the R-3 with a PUD would allow condominium development, and that at the Planning Commission meeting a resident on 7th Street expressed concern regarding parking, in that people from the existing apartments are using 7th Street for a parking area. :-vcr killer inquired if the City Clerk had received any correspondence on this matter, and the response was no. There being no one present to speak in favor or in opposition, it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing. ORDINANCE NO. 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. 337), ZONE CHANGE CASE NO. 152) The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Jackman to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to introduce the Ordinance. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-F-2, Resolution Reappointing Norman Tatham to Golf Course Authority, was removed from the Consent Calendar. CONSENT CALENDAR It was moved by Councilman Greene, seconded by Councilman Mackaig, a d passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Regular Meeting of February 26, 1980. General Warrants: #181704 - 181905; #206723 - 206785: $815,945.42. Tract Map #32888, Alameda Street at Lakewood Boulevard; Tract Map #34378 Downey Avenue and Texas Street; and Tract Map #34867, 11834 Downey Avenu and Cole Street: Accept improvements constructed. RESOLUTION NO. 3770 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE DESTRUCTION OF RECORDS NO LONGER NEEDED (FIRE DEPARTMENT) AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller RESOLUTION NO. 3771 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF NORMAN J. TATHAM AS A MEMBER OF THE LOS ANGELES COUNTY-DON]NEY REGIONAL PUBLIC RECREATION AREA COMMISSION Councilman Greene asked whose reappointment this is, what the job is, and what the appointees receive in the way of compensation. Mr. Thompson explained there is no compensation, and that the Authority was established in order to look over the bond indenture when the City acquired the Golf Course and sold the bonds. He said there are five members appointed to the Council Minutes 3/11/80 -4- oF- Authority, two of which are appointed by the County Board of Supervisors and three by the City, tor. Tatham is Councilman Swearingen's appointee. It was moved by Councilman Greene, seconded by Councilman Mackaig, and so _ ordered to adopt Resolution No. 3771. ORAL COMMUNICATIONS (Items not on Agenda). None RESOLUTIONS It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by unanimous vote to approve Park Fee at $175 per unit on Tract #38207, 9914 Tweedy Lane. RESOLUTION NO. 3772 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 38207, APPROVING All AGREEMENT WITH THE SUBDIVIDERS, AND ACCEPTANCE OF A LETTER OF CREDIT IN LIEU OF SURETY BONDS (9914 TWEEDY LANE) The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Greene, seconded by Councilman Mackaig, and passed I unanimous vote to adopt Resolution No. 3772. RESOLUTION NO. 3773 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DETERMINING THAT SECTION 1094.6 OF THE CODE OF CIVIL PROCEDURE OF THE STATE OF CALIFORNIA SHALL BE APPLICABLE TO FINAL ADJUDICATORY ADMINISTRATIVE DECISIONS The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Greene to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by unanimous vote to adopt Resolution No. 3773. RESOLUTION NO. 3774 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING THE CITY MANAGER AS LOCAL AGENT TO ADMINISTER OBTAINING FEDERAL FINANCIAL ASSISTANCE UNDER THE DISASTER RELIEF ACT (PUBLIC LAW 288, 93RD CONGRESS) The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No. 3774. Mayor Miller welcomed Councilman Swearingen's wife, Frances; candidates for ity Council; and Judge Richard Cumming of the Downey Municipal Court. RESOLUTION NO. 3775 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DEFERRING BUILDING OF BASKETBALL COURTS IN FURMAN PARK AREA The Resolution was read by title only. Councilman Swearingen said he would like the word "deferred" changed to "deleted." Mayor Miller indicated it was the concensus of the people present at the Furman Park meeting to have a survey done. Councilman Greene said it was his feeling that the people generally agreed there might be a better place to put the basketball courts and that a survey should be done to see if the money available could be spent in a better way. Council Minutes 3/11/80 -5- GG21 Councilman Swearingen questioned more staff time being spent on another study. Mr. Neavill explained the funds for this project were 75 percent from the State S➢ 174 Open Space and Urban Recreation Act and 25 percent from Revenue Shar- ing. Although the basketball courts were placed in the 1979-80 Budget, the funds would qualify for any other type of capital improvement project in the City. Councilman Jackman would like to see the funds spent in south Downey. Mr. Neavill stated the Commission has reviewed this and again recommends a thorough and objective study be made of the neighborhood around Furman Park. They feel the petition submitted is not valid in that it asked for signatures on the basis of removal of trees and green space, which was never the intention of the City. Also, the Commission feels the results of the meeting at Furman Park were not conclusive because there was a small representation of the residents present. ,_ was moved by Councilman Swearingen and seconded by Councilman Mackaig to adopt the Resolution changing the word "defer" to "delete." (See substitute motion.) Mr. Mike Huggins, Chairman of the Recreation and Community Services Commission, commented there was a lot of time and tax dollars spent in conducting studies and needs assessments, and one of the programs earmarked was basketball courts at Furman Park. Earlier in the year a survey was taken of some local high and middle schools, and it was determined one of the top projects needed was more basketball courts. Staff has pointed out that all of the City's basketball courts receive heavy play. Mr. Huggins said the basketball courts were approved in the Budget, which was approved by Council, and now a petition has been circulated throughout the neighbor- hood which was misleading. Staff subsequently sent letters to everyone who signed the petition, and as a result, very few people attended the neighborhood meeting. It is his thought that the people who attended the meeting, as well as the Commission, feel there should be a needs assessment of the area, and he recommended going ahead with the survey, which he feels will be beneficial to all the parties. Councilman Greene favored a thorough study. Councilman Jackman does not object to a survey, but he does not think basket- ball courts should be built at this time. He would like to see the Resolution voted on as is. Mr. Brian Gasdia said one of the major concerns regarding the basketball courts -- was the danger, ut the steps have now been removed. He mentioned since the danger factor has been taken care of, he thinks the money should be deleted for the courts and put where it is needed elsewhere. Mr. Thompson stated that at the neighborhood meeting, Mr. Gasdia agreed he was in favor of making a needs assessment and a thorough objective study to determine whether or not the basketball courts were needed. It was an agreement reached by everyone at that meeting, and staff has proceeded on that basis. Councilman Swearingen again stated he feels it would be a waste of time for staff to make a further study. He would like to have the courts deleted. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed the following vote to make a substitute motion to adopt Resolution No. 3775, as originally presented. AYES: 3 Council Members: Jackman, Greene, Miller NOES: 2 Council Members: Mackaig, Swearingen It was moved by Councilman Jackman to authorize staff to prepare a survey and bring back to the Council a needs assessment for Furman Park. He said staff should give consideration to building basketball courts in one of the other parks in the southern section of the City. Mr. Rich Henderson questioned the difference between "delete" and "defer" and what the cost would be for the study. Mayor Miller replied he feels it was the intent to defer any action on con- struction of basketball courts until a study has been done to determine what the needs in the community are. Mr. Thompson said at this time, it is now known what the costs for the study will be. Council Minutes 3/11/80 -6- The motion was seconded by Councilman Greene and passed by the following vote. AYES: 3 Council Members: Jackman, Greene, Miller NOES: 2 Council Members; Mackaig, Swearingen RESOLUTION NO. 3776 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING ANY RECOMMENDATION ESTABLISHING A FEE SCHEDULE FOR CRIME LABORATORY SERVICES The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Greene to waive further reading. __ - .sd hv Councilman Greene, seconded by Councilman Swearingen, and passed by the foiiowina vote to adopt Resolution No. 3776. Mr. Thompson explained there will be a public hearing Thursday morning before the Los Angeles County Consolidation Commission, and this Resolution will make the City Council's views known at that time. AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller RESOLUTION NO. 3777 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING AN ALLOCATION OF COUNTY AID TO CITIES FUNDS FOR THE MAINTENANCE OF SELECT SYSTEM STREETS AND RESCINDING RESOLUTION NO. 3765 The Resolution was read by title only. Mr. Sorensen stated Section 3 should read, "Resolution No. 3765 hereby is rescinded." The present Section 3 would then become Section 4. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. Mr. Ralph explained at the last meeting the Council approved a Resolution requesting $120,000, but since that time it was learned there is $130,000 available. It was moved by Councilman Greene, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No. 3777. CASH CONTRACTS It was moved by Councilman Swearingen, seconded by Councilman Jackman, and passed by the following vote to authorize transfer of $3,400 from Account #21-15011 to Account 421-13963 on Cash Contract #448, Alley Reconstruction, and award contract in the amount of unit prices bid totaling $27,856.62, to Copp Contracting Incorporated of Norwalk, the lowest and best bidder. Councilman Jackman commended the three staff members who signed the recommenda- tion for doing a fine job and particularly Mr. John Thomason for his work not only on this project but for saving thousands of dollars on the Southeast Area Animal .,ontmi insurance. AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller Cash Contract #454, Backstop Diamond #2, Rio San Gabriel Park Mr. Sorensen stated the bid was submitted in proper form with the proper bond, except that the bidder forgot to sign it. The president of the company has subsequently signed the bid and the bond, and although the bond was signed by the bonding company with that signature notarized, the signature of the principal on the bond was not notarized. He does not believe that will destroy the effective- ness of the bond and the bid was not changed. This is an irregularity the Council can waive. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to authorize transfer of $1500 from Account #21-15011 to Account #21-17134 on Cash Contract #454; award contract in the amount of the unit prices bid totaling $13,748.16 to Crown Fence and Supply Company, Ltd; and waive the irregularity in the bid bond. Council Minutes 3/11/80 -7- Councilman Greene asked if anv consideration has been given to putting cement under the bleachers. Mr. Neavill replied yes, and although this contract provides only chainlink fencing, it is staff's intention to go ahead this year to include concrete under- neath the bleachers. AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller MISCELLANEOUS Chance of Regular April 8, 1980, City Council Meeting Date Mr. Shand said April 7th is suggested in view of the City Election to be held on April 8th. Ccuncil.:an Mackaig indicated he has another meeting scheduled on April 7th at 7:30 p.m. He asked about moving the Council Meeting date up a week. Mr. Sorensen commented the time for conducting the first meeting in April could be determined in the order of adjournment at the Council Meeting of March 25th. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to authorize the expenditure of $49,000 in appropriated funds from Account #21-13939 for Improved Department of Community Development Counter/Office Layout. Using a displayed drawing of the proposed plans for the improvements, Mr. Stup outlined the changes that will be made to the Community Development Building loca- ted on Third and Dolan, pointing out that attempts have been made to keep the costs down. AYES: 4 Council Members: Jackman, Swearingen, Greene, Miller NOES: 1 Council Member: Mackaig Mr. Thompson assured the Council that these improvements will result in some fairly substantial savings to the City within the next two -to -three years. Request for Hearing on Appeal, Conditional Use Permit #96 8509 Imperial Highway Mr. Goggin questioned whether the appeal is valid since the applicant referred to block lettering identifying the store, which was never discussed at the Planning Commission meeting on the conditional use permit. Mr. Sorensen stated the only questions the Council can consider on appeal are those which have been presented to the Commission. If the applicant wants other items considered, he should discuss them with the Commission. It was moved by Councilman Mackaig to set the hearing for March 25, 1980. Councilman Jackman suggested it be sent back to the Planning Commission. The motion was withdrawn. It was then moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to refer Conditional Use Permit #96 back to the Planning Commission. CITY MANAGER'S REPORT Mr. Thompson explained that in June, 1979, the Council approved plans and authorized staff to contact owners regarding forming an assessment district on Orizaba south of Orange Street. The property owners were contacted suggesting a meeting be held to discuss proposed improvements. As a result, only one reply in opposition was received, and the Council was notified of this. If the Council wishes, this matter can be brought up for starting an assessment district, which would require the taking of three pieces of property. The Engineering Division has submitted reductions in the amount of property to be taken in order to still have a functional street. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and so ordered to proceed on the Orizaba Avenue assessment district. Mr. Thompson said this will require an appropriation of funds. Council Minutes 3/11/80 -8- 524 Mr. Stup gave a status report on obtaining the services of a City Prosecutor. He said proposals have been received from Mr. Sorensen's firm and from a Mr. Mayer, both indicating a fee of $60 per hour, and Mr. Mayer has included 50 hours of court time annually at no charge. It is recommended by staff that this City Council con- firm the need for a City Prosecutor and approve in concept the hiring of Mr. Mayer in accordance with the conditions stipulated in his letter, subject to the availa- bility and priority of funds determined by the new City Council during the 1980-81 Budget hearings. Mr. Thompson explained Mr. Mayer has indicated he can start earlier than July 1st if the Council wishes. If approved in concept, the funds will be placed in the Budget for later consideration. Councilman Jackman would like to take this under submission for further study. He questioned 1`ether the City needs two part-time attorneys or one full-time attorney in-house. He would like the study to include what it is costing the City now for Mr. Sorensen's firm and what the additional cost of the new attorney could be for eight hours a week. Councilman Mackaig concurred and indicated the money he figures the City would be paving for the two attorneys is slightly higher than it.would cost for a full- time attorney. He would like to know what the City paid to Mr. Sorensen's firm on a yearly basis for the past five years and the hours billed. Mayor Miller asked if there would be a chance Mr. Mayer would be willing to begin working for the City at $60 an hour so that when the Council receives the report it can also evaluate what Mr. Mayer's performance has been and whether it would be worthwhile to go ahead. The Council concurred. Councilman Mackaig suggested the study be conducted as soon as possible so that this can be considered at the same time as the Budget. Mr. Thompson explained the funds to cover the $60 an hour will have to be appropriated from unencumbered funds of the General Fund. Councilman Mackaig commented on citizen complaints regarding the failure to post prices by service stations in Downey. Chief Martin explained the cases of flagrant violators have been turned over to the District Attorney's office, who has filed complaints of two counts on one station owner this morning. He feels this may bring about voluntary compliance by other stations. Councilman Mackaig mentioned the City Council has not approved the Downey Community Hospital Budget for last year. Also, he said, the attornevs for the City and the Hospital have been unable to come to an agreement. Mr. Sorensen explained he met with the Hospital attorney today, and he will be submitting a report to the City Manager for his initial review and then Council review. Councilman Mackaig expressed concern that the Hospital Budget be approved while Mr. Miller is serving as Mayor. He questioned whether a precedent has been set in not approving the Budget last year. Mr. Sorensen replied there is a specific requirement in the Lease for approv- ing the Budget, but he does not feel a binding precedent has been set. Mr. Thompson said attempts will be made to bring this back to the Council to be resolved prior to expiration of Mr. Miller's term of office. Mavor Miller noted there is some building being done in the Hospital, includ- ing possibly a change in wiring, and he asked if building permits have been issued. Mr. Stup indicated he is aware permits have been taken out within the last six months to a year on the Hospital. Mayor Miller questioned whether under the Lease any building improvements must be approved by the Council. Council Minutes 3/11/80 -9- .Ir. Sorensen said he would have to look at the Lease, but he does not feel it would involve internal improvements of the existing structure. Councilman Jackman questioned whether the Council approved the circular structure that was added to the Hospital. Mr. Thompson will check on this but feels it was approved by Council. Mavor Miller stated Mr. Sorensen has indicated he is having a meeting with the County Counsel next Friday regarding the status of Retroactive s� so xY�7 lax, CA "'eccKre a�-rli�fe�C ��< w�rji i � se��� 9b od A.38. There being no further business to come before the City Council, the meeting was adjourned at 10:50 p.m. Robert L. Shand, City Clerk -Treasurer / Kenneth J. Mi ler, Mayor Council Minutes 3/11/80 -10-