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HomeMy WebLinkAboutMinutes-11-25-80-Regular Meetings MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 25, 1980 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: PAGE NO. Hearing on Permit of William E. Darrow to Continued to 12/9/80 along with conduct dances at Jammer's Junction, 11010 further suspension of dance permit So. Paramount Blvd. to that time 5 Ord. amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case 4165) 13235 Woodruff Av. Ord. amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #166) 10913 LaReina Av. Res. #3892, Decl. certain Privately Owned Parking Lots Eligible for Enforcement of Parking Violations in designated Handicapped Spaces .Minutes: Adj. Reg. Meetings of November 5, 1980 & November 12, 1980 Introduced; Negative Environmental Declaration certified 3 Introduced; Negative Environmental Declaration certified 4 Adopted 5 Approved Corres. from So. Calif. Edison Co. re Appl. #60075, Notice of Filing for Rate Change Filed Rejection of Legal Claims: Ref. 4496 & 493 Approved General Warrants: #186838 - 187101 #207598 - 207645 Approved Res. #3891, Commending Cerritos College Foundation for Accomplishments on their SSth Anniversary Celebration on 12/7/80 Adopted Owner Simpson Buick discussed Sign Ord. Ord. adding Sec. 8417.1 to DMC re National Electrical Code Introduced Ord. amending DMC adding Sec. 9166.05 re Conditional Use Permits Introduced Res. 3893, Prohibiting Stopping Anytime on Nly. Side Firestone from Myrtle St. Ely 150' Adopted Res. calling & giving Notice of holding Spec. Municipal Election - Recall Held to meeting of 12/9 Certificate of Sufficiency - Recall Received & filed Res. req. County Services for Recall Election Res. #3894, Revising Art. XIV of Joint Exercise of Powers Agmt. for Insurance & Risk Management Purposes Adopted by Ref. #3848 Res. #3895, Amending Management -Supervision Pay Plan for 1980-81 (Building Official) S.S. Proj. #323, Unit 1, Stewart & Gray Rd. at Old River School Rd.: Accept improvmts. Recommendations re Condominium Sections of DMC Report on Status of Sign Ordinance Held to next meeting Adopted Adopted Approved Submission to next meeting Submission to next meeting 6 6 6 6 7 7 7 7 7 8 8 8 8 Page 1 of 2 COUNCIL MINUTES, NOVEMBER 25, 1980 TABLE OF MINUTE ACTIONS SUBJECT: ACTION: Estimated costs of conducting Special Municipal Election-- Recall: Appropriate $8500 Approved Independence Park Tennis Center Proposal of Norman & Gail Ashbrook & enter into contract effective 1/1/81 Approved Revise Cable Television Contract with consultant to include cities of Paramount & Lynwood contingent on passing same Franchise Ords. as Downey, Bell Gardens, Commerce, Pico Rivera & Santa Fe Springs Approved CC #473, Rio Hondo Golf Course Facilities Imprvmts.: Award Phase I -A & II-B only to Deb Enterprises; delete Phase II from contt. contract; auth. City staff to negotiate change order for deductions in Phase I amounting to approx. $54,700; & auth. add'l. approp. of $45,000 Approved GoldenParkArchitect Agmt. w/Willis R. Hanes Assoc. £/architectural services f/design & contt. of community bldg. Approved Confirm Apptmt. of Harry Rayson as Building Official, effective 11/24/80 Approved Edwin H. Wood: Questions re Recall Janet Landberg: Concern re Sign Ord. Executive session re litigation Settlement to Cecile Lecoq Authorized Meeting adjourned in memory of Mrs. Essie Van K1eef, Cn. Quinn's mother-in-law PAGE NO. 0 e N I 9 9 9 9 9 S Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 25, 1980 The City Council of the City of Downey held a regular meeting at 7:30 p.m., November 25, 1980, in the Council Chamber of the Downey City Hall, Mayor Theodore H. Jackman presiding. PRESENT: Council Members: Lyell W. Swearingen Milton R. Mackaig Mayor Pro Tem James T. Quinn Theodore H. Jackman Mayor ABSENT: Robert G. Cormack (excused) ALSO PRESENT: Charles W. Thompson, City Manager Mark C. Allen, Acting City Attorney William A. Ralph, Director of Public Works Ronald W. Leege, Director of Finance William F. Martin, Police Chief Don Davis, Fire Chief John T. Neavill, Director of Parks & Recreation William A. Goggin, City Planner Harry Rayson, Acting Building Official Charles G. Eccleston, Traffic Engineer Don Wagner, Administrative Assistant Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Father Patrick Cleary, St. Raymonds Catholic Church. The Flag Salute was led by Councilman Swearingen. HEARINGS Mayor Jackman opened the hearing to determine whether the permit of William E. Darrow to conduct Public Dances at 11010 South Paramount Boulevard should be allowed. At this time, he asked the Police Chief to take over the hearing and pre- sent the case to the City Council. Chief Martin commented on the three rules set forth in the Downey Municipal Code for operating a dance hall. He also cited the Code Section which says a permit should be revoked if the Chief of Police determines the conduct of the busi- ness does or will endanger in any manner the public welfare, and that the proprietor or person in charge of such business violates or permits any infraction of the law, State or City. It is his contention that the reason for revoking the permit is the public peace and quiet was being disturbed and that due to the unusual amount of calls for service by the Police Department at the business, it was felt the three rules were being violated. Chief Martin pointed out it is not his intent to show that the manager, owner, or agents of the business had any direct involvement in any of the calls or were responsible for them, but the fact that this type of activity takes place at the location and causes offensive conduct and disturbs the peace of the neighbors is a violation of the rules. He gave a brief resume of the incidents that have taken place at Jammer's Junction in the last 12 months, beginning with February 1980, which resulted in calls to the Police Department. Chief Martin then pointed out there were other violations of the Code involving Fire and Building regulations. Mr. Darrow, owner of Jammer's Junction was invited to a conference with the City Prosecutor. Plus, about this time, resi- dents of the neighborhood met with Councilman Cormack and voiced their complaints regarding Jammer's Junction. Chief Martin commented on a meeting attended by himself, Mr. Darrow, the City Attorney, City Prosecutor, and representatives of the Building & Safety Division, pointing out the things that needed to be corrected. In September it was noted that no real changes had been made, and he cited five additional police incidents taking place at Jammer's Junction between the time of the meeting with Mr. Darrow and revocation of the permit. Chief Martin explained that since the Council's action on October 28th to continue the hearing to this meeting there has been no dancing on the premises. He has been informed by the City Prosecutor that all changes of safety and fire violations against Mr. Darrow have been dismissed and all of the violations have been corrected. During the past 30 days the Police Department has only had four calls for service. One involved a complaint of loud music; the second involved a patron dressed as a CHP officer harrassing other patrons; the third involved a customer who drove his pickup through the back door of the premises because it had been closed off; and the fourth involved a call for loud noise. Chief Martin stated in his opinion, it is Council Minutes 11/25/80 -1- CZ1 much quieter at Jammer's Junction, and from his observation, it appears when the dancing stops the noise stops. He has been presented with a petition containing 225 signatures of people in the neighborhood who feel the dance permit should be revoked as it does create problems in the neighborhood. Mayor Jackman asked if Mr. Darrow or his attorney would like to speak. Mr. Darrow and Mr. Krogstad, his attorney, came forward to address the Council. Mr. Krogstad then noted Councilman Cormack is absent and Jammer's Junction is in his district. He stated it is their contention that the reason the difficulties have ceased is because of the improvements made by his client to the premises. He suggested that the only way to make a fair test is to put the matter over for 30 days and to allow dancing during that time. He outlined the improvements made by his client to the premises, which include further illuminating of the parking lot; the rear door is no longer utilized; a uniformed guard patrols the outside premises on the weekends; uniformed patrol come through and around the premises on the week- ends; inside security has been increased on the weekends; and the dress code has been raised to prevent persons of certain dress from entering the premises. Mr. Krogstad stated in view of the fact that Councilman Cormack is not present, he would move that the hearing be continued for approximately 30 days and the suspension be lifted to that date. Councilman Quinn agreed Councilman Cormack should be involved in this matter, but he would like the suspension to remain as it is to the next meeting. Mr. Krogstad pointed out his client indicates his gross receipts are down approximately 25 percent, and they would like to have dancing during the continued period of the hearing, which would be a true test. Mr. Darrow indicated he would like to be able to show that he can run his business in a responsible manner with the dancing. He commented on some of the improvements he has made and noted he is in a had location next to a residential area. Councilman Swearingen feels the Council should give Mr. Darrow the opportunity to prove himself and give him a true test. 'If anything happens, the license can be revoked next meeting. Mayor Jackman indicated he would like to hear from two or three of the resi- dents present regarding the continuance. Mr. Arthur McCullough, 7912 Fourth Place, explained his front door was damaged in an incident involving one of the patrons of Jammer's Junction. The residents feel the level of safety in the neighborhood has increased dramatically by the license being revoked and would like to see it continue. Mr. McCullough feels a good situation could be created for several weeks, and at the end of that time the police would be having a continuation of calls. He explained the incident involv- ing his residence occurred toward the end of June this year. Mr. Jerry Nielsen, night manager of Foxy's Restaurant, said he has received threats to his Derson and chased around his parking lot. With the dance permit, parking will overflow onto the streets and into Foxy's parking lot. He commented on incidents occurring which have affected Foxy's and its employees. He said he has had very few problems during the past 30 days. Mr. Claude Sutherland, 8221 Third Street, stated Mr. Darrow is not an out- sider --he has lived here and raised a family in this area, and during the past three years has become a businessman. He said Mr. Darrow has made good attempts to correct the violation, and pointed out the problems at Foxy's were the result of "drinking" not "dancing." He urged the Council to give Mr. Darrow a chance. The Council then discussed continuing the hearing until Councilman Cormack returns and whether suspension of the dance permit should continue during that time. Mr. Allen then asked Mr. Darrow and Mr. Krogstad if they would be willing to have the two -week continuance with the suspension remaining in effect the two weeks. Mr. Krogstad feels it would be unfair to ask them to agree to a further suspension because the permit has already been suspended for 30 days. Mr. Allen stated if the applicant will not consent to the permit being revoked during the continued period, it would appear the Council should proceed with the hearing this evening. Council Minutes 11/25/80 -2- C_ 4_�_ ys Mr. Darrow said dancing is an outlet for people who come to his establishment, and he would like to show he can control within reasonable limits his business operation. He mentioned that if the Council grants him his dance permit he still has to adhere to the rules of the permit and has an obligation to the community. Mr. Allen again stated that if Mr. Darrow is not willing to consent to further suspension of his permit during the time the hearing is continued, then he does not feel the permit should be suspended without conducting the hearing. Mayor Jackman said the Council should continue with the hearing and he asked Mr. Darrow to proceed with his case. Mr. Krogstad, in presenting his case, referred to the 21 recorded police incidents involving Jammer's Junction and discussed each incident in detail. He introduced Mr. Richard LaPan, a Downey attorney, who represented Mr. Darrow in a court case regarding a minor being on the premises and noted the case was dis- missed. During his discussion of the reported police incidents, he invited Mr. Darrow to recite further facts relating to the incidents. Mr. Krogstad pointed out that Mr. Darrow's lack of finances was the reason some of the code violations were not immediately corrected, and he commented it is difficult for a person to go into business because of what it costs to purchase all of the permits required. Mr. Darrow cited the improvements he made to his business in addition to the improvements he made to comply with the Code. Mr. Krogstad submitted a petition containing 598 signatures, 323 of which he said constitute Downey residents, and he again requested the Council to give Mr. Darrow 30 days to prove his worth. Mayor Jackman declared a recess from 9:49 p.m, to 10:08 p.m. The meeting resumed with Council Members Swearingen, Mackaig, Quinn, Jackman present; Council Member Cormack absent. - Mayor Jackman stated that while the City's attorney and Mr. Krogstad are discussing several points, the Council will move ahead with the other hearings. (See Jammer's Junction continued on Page 4.) Mayor Jackman opened the hearing on Zone Change Case #165, 13235 Woodruff Avenue. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to receive and file the Proof. Mr. Goggin reported on the location and zoning of the subject property and surrounding properties and of the request to change the zone from C-1 and P to C-2. Mayor Jackman inquired if the City Clerk had received any correspondence. Mr. Shand read a letter from Mrs. Nellie I. Covell, 13136 Ibbetson Avenue, who is not in favor of the zone change. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to receive and file the correspondence. Mayor Jackman then inquired if there was anyone present to speak in favor of the zone change. Mr. James S. Santangelo, 8426 Dacosta, pointed out the present building is no longer suitable for a neighborhood market, and the intended buyer of the property will be operating his business of selling large display cases used in the market business. He requested favorable consideration 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, 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. 397, ZONE CHANGE CASE NO. 165) Council Minutes 11/25/80 -3- The Ordinance was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by the following vote to introduce the Ordinance. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman ABSENT: 1 Council Member: Cormack Mayor Jackman inquired if there was anyone present to speak regarding the Negative Environmental Declaration for Zone Change Case #165, 13235 Woodruff Avenue, and there was no response. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to certify the Negative Environmental Declaration. AYES: 4 'Council Members: Swearingen, Mackaig, Quinn, Jackman ABSENT: 1 Council Member: Cormack Mayor Jackman opened the hearing on Zone Change Case #166, 10913 LaReina Avenue. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to receive and file the Proof. Mr. Goggin reported on the location and zoning of the subject property and adjoining properties and of the request to change the zone from R-3 to C-3. Mayor Jackman inquired if the City Clerk had received any correspondence, and the response was no. Mayor Jackman then inquired if there was anyone present to speak in favor of the zone change. Mr. Frank Gasdia, 10243 Paramount Boulevard, attorney for the landowners, commented on development of the surrounding area and of his client's wish to build an office building on the subject property, which would not be a detriment to the area. There being no one else to speak in favor and no one to speak 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. 398, ZONE CHANGE CASE NO. 166) The Ordinance was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Swearingen, seconded by Counuilman Mackaig, and passed by the following vote to introduce the Ordinance. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman ABSENT: 1 Council Member: Cormack Mayor Jackman inquired if there was anyone present to speak regarding the Negative Environmental Declaration for Zone Change Case #166, 10913 LaReina Avenue, and there was no response. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by the following vote to certify the Negative Environmental Declaration. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman ABSENT: 1 Council Member: Cormack Speaking to the matter of the Jammer's Junction Dance Permit, Mayor Jackman mentioned that following discussion between the two attorneys, Mr. Krogstad has consented to continue the hearing for two weeks and accept further suspension until December 9, 1980, of the permit so that the entire Council may be present. Council Minutes 11/25/80 -4- �6 r7 Mr. Krogstad vertified that this information is correct. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to continue the hearing on Permit of William E. Darrow to conduct Public Dances at 11010 South Paramount Boulevard to 7:30 p.m., December 9, 1980, in the Council,Chamber of the Downey City Hall, and to continue further suspension of the dance permit to that time. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman ABSENT: 1 Council Member: Cormack Mayor Jackman opened the hearing to consider Designation of Certain Private Properties to be Declared Eligible for Enforcement of Handicapped Parking Violations. 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 Mackaig, and so ordered to receive and file the Proof. Mr. Eccleston commented on the request of the California Association of Physically Handicapped, local chapter, for the City to consider additional legisla- tion for making eligible certain private parking lots which have handicapped spaces designated for citations and removals, if appropriate. Field research has been conducted, and staff concurs with this request. Mayor Jackman inquired if the City Clerk had received any correspondence, and the response was no. Mayor Jackman then inquired if there was anyone present to speak to this matter. Carol Knight, 3339 Cherokee Street, South Gate Transportation Chairman, Rancho Chapter of California Association for Physically Handicapped, indicated they feel it is important to have enforcement on private lots, and she commented on the diff- culty handicapped persons have not only in parking their vehicles but getting in and out of their vehicles when parked in a regular space. If this is passed, she said, she will contact the designated businesses and ask them to go along with the enforcement on their property. Mrs. Knight asked if it would be possible to include Sav-On at a later time. Mr. James Taylor, 13549 Verdura, said he uses handicapped parking spaces fre- quently and he commented on the difficulty of finding spaces wide enough for his vehicle. Carol Knight responded to questions regarding identification for handicapped vehicles. Placards can be obtained from the DMV, which are also available for the teamorarily disabled. A discussion was held regarding the question of adding Sav-On to the list of designated businesses eligible for handicapped parking enforcement. It was noted Sav-On did not receive public notice of this hearing but could be included on the next list of businesses. There being no one else wishing to speak, it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing. RESOLUTION NO. 3892 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING CERTAIN PRIVATELY OWNED PARKING LOTS ELIGIBLE FOR THE ENFORCEMENT OF PARKING VIOLATIONS IN DESIGNATED HANDICAPPED SPACES The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to adopt Resolution No. 3892. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman ABSENT: 1 Council Member: Cormack CONSENT CALENDAR It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to approve the Consent Calendar: Council Minutes 11/25/80 -5- Minutes: Adjourned Regular Meetings of November 5, 1980, and November 12, 1980. Correspondence from Southern California Edison Company regarding Application #60075, Notice of Filing for Rate Change. Rejection of Legal Claims: Ref. #496, Nafees Uddin Ahmad; and Ref. #493, Paula Rico. General Warrants: #186838 - 187101; #207598 - 207645: $855,958.16. RESOLUTION NO. 3891 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY COMMENDING THE CERRITOS COLLEGE FOUNDATION FOR THEIR ACCOMPLISHMENTS ON THEIR 25TH ANNIVERSARY CELEBRATION TO BE HELD ON DECEMBER 7, 1980 AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman ABSENT: 1 Council Member: Cormack ORAL COMMUNICATIONS - Items not on Agenda Mr. Pete Simpson, principal owner -operator of Simpson Buick, 8400 Firestone Boulevard, spoke regarding the City's Sign Ordinance and commented on some painting they are planning to do on their building, which would involve painting out the large sign on the back wall identifying "used cars." He said they cannot get per- mission to put the sign back up because it would be against the City's Sign Ordinance, and the lot would then have the appearance of being a parking lot rather than letting people know it is a used car lot. Mr. Simpson wanted the Council to be aware of their problem. ORnTNANCRB ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 8417.1 TO THE DOWNEY MUNICIPAL CODE RELATING TO THE NATIONAL ELECTRICAL CODE The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to introduce the Ordinance. AYES: 4 Council Members. Swearingen, Mackaig, Quinn, Jackman ABSENT: 1 Council Member: Cormack ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING THERETO SECTION 9166.05, WHICH SAID SECTION RELATES TO CONDITIONAL USE PERMITS The Ordinance was read by title only. Mr. Goggin noted additional wording in the last paragraph on page 2 of the proposed ordinance, beginning on the fourth line. He said the wording was suggested following discussion with the City Attorney. Mayor Jackman explained the Ordinance would be used for the property on Suva Street to permit the owner to build a public storage business, which is not per- mitted under the present zone. He expressed concern the Ordinance could be misused but noted if further concern of the Council is expressed, the Ordinance could be rescinded. He said the Ordinance could be of great benefit to the City if used properly. It was moved by Councilman Mackaig and seconded by Councilman Quinn to waive further reading, It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed by the following vote to introduce the Ordinance. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman ABSENT: 1 Council Member: Cormack Council Minutes 11/25/80 -6- RESOLUTIONS RESOLUTION NO. 3893 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING STOPPING AT ANYTIME ALONG THE NORTHERLY SIDE OF FIRESTONE BOULEVARD FROM MYRTLE STREET EASTERLY 150 FEET The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to adopt Resolution No. 3893. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman ABSENT: 1 Council Member: Cormack Resolution Calling and gi to be held - Recall of Cii notice of Mr. Shand filed with the Council a Certificate of Sufficiency dated November 25, 1980, verifying the signatures on the petition. Councilman Swearingen stated it is his understanding the Council has 14 days from today to make a decision on this, and inasmuch as Councilman Cormack is not present, he would move to hold the Resolution over to the meeting of December 9th. The motion was seconded by Councilman Quinn. Mayor Jackman inquired that by continuing the Resolution to the next meeting whether the Council could still set the election date for February 24, 1981. Mr. Shand commented the date would automatically fall on February 24th, which is a Council Meeting date, and the Council would have the option of either setting the election for the following Tuesday, March 3rd, or changing the Council Meeting date. Mayor Jackman does not see any reason for delaying setting the date of the election. Mr. Allen explained the City Clerk has filed with the Council the Certificate of Sufficiency, which he is required to do by law. He then asked if the Council waits until December 9th to adopt the Resolution setting the election date, could the Council set the election for February 24th? Mr. Shand replied yes. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to receive and file the Certificate of Sufficiency. Roll call vote on motion to hold the Resolution to the meeting of December 9th: AYES: 2 Council Members: Swearingen, Quinn NOES: 1 Council Member: Jackman ABSENT: 1 Council Member: Cormack ABSTAIN: 1 Council Member: Mackaig Mr. Allen advised the vote is sufficient to continue the Resolution to the next meeting. The Resolution requesting County Services for the Recall Election was held to the next meeting. RESOLUTION NO. 3894 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REVISING ARTICLE XIV OF THE JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES ADOPTED BY RESOLUTION #3848 The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to adopt Resolution No. 3894. Council Minutes 11/25/80 -7- AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman ABSENT: 1 Council Member: Cormack RESOLUTION NO. 3895 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE MANAGEMENT -SUPERVISION PAY PLAN FOR 1980-81 The Resolution was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Quinn to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by the following vote to adopt Resolution No. 3895. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman ABSENT: 1 Council Member: Cormack CASH CONTRACTS It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to accept the improvements completed under S.S. Project #323, Unit 1, Stewart and Gray Road at Old River School Road, and accept responsibility for maintenance thereof (A/C #26-16192). AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman ABSENT: 1 Council Member: Cormack ACTIONS The Recommendations regarding Condominium Sections of the Downey Municipal Code were taken under submission to the next meeting. The Report on Status of the Sign Ordinance was taken under submission to the next meeting. It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed by the following vote to approve the appropriation of $8500 to pay for estimated costs of conducting a Special Municipal Election to recall a City Officer. The fund transfer to be from Unappropriated Reserve of the General Fund into Account No. 104 1130.0700. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman ABSENT: 1 Council Member: Cormack It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed by the following vote to accept the Independence Park Tennis Center Proposal of Norman and Gail Ashbrook and enter into a contract with the Ashbrooks effective January 1, 1981. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman ABSENT: 1 Council Member: Cormack It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to revise the Cable Television Contract with the consultant to include the Cities of Paramount and Lynwood, contingent on those Cities passing same Franchise Ordinance as the Cities of Downey, Bell Gardens, Commerce, Pico Rivera, and Santa Fe Springs. Mr. Thompson explained a committee meeting has been set for December 8th to bring them up to date and to acquaint the members with the Ordinance and specifi- cations. The committee would be of an advisory capacity to aid the City in going through the Cable Television process. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman ABSENT: 1 Council Member: Cormack Cash Contract #473, Rio Hondo Golf Course Facilities Improvements Mr. Thompson responded to questions regarding the proposed improvements to be made under the contract and stated the amount bid is higher than the architect's estimate. He said staff is proposing to negotiate deductions from the contract to the amount of approximately $55,000. Mr. Thompson indicated it is not suggested that the contract be awarded including Phase II but that Phase II should be deleted. Responding to a question of whether each phase of the contract is dependent on the other, he stated it was set up so that the City could choose to award any or all Council Minutes 11/25/80 -8- phases, but the contract could not be awarded to one contractor for Phase I and another contractor for Phase II. Phase II will have to be rebid. It was moved by Councilman Quinn, seconded by Councilman Mackaig, and passed by the following vote to.award Cash Contract #473 in the amount of $625,233 for the Golf Course Facility Improvements for Phase I -A and II-B only to Deb Enter- prises, the lowest and best bidder; to delete Phase II from the construction contract; to authorize City staff to negotiate a change order for deductions in Phase I contract amounting to approximately $54,700; and authorize an additional appropriation of $45,000 from the Golf Fund balance to Account #52-17521. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman ABSENT: 1 Council Member: Cormack It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed by the following vote to approve the Golden Park Architect Agreement with Willis R. Hanes Associates for architectural services for design and construction of a community building at Golden Park. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman ABSENT: 1 Council Member: Cormack CITY MANAGER'S REPORT It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to confirm the Appointment of Harry Rawson as Building Official, effective November 24, 1980. Mayor Jackman congratulated Mr. Thompson for selecting Mr. Rayson. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman ABSENT: 1 Council Member: Cormack - STAFF REPORTS. None ORAL COMMUNICATIONS - City Council Members: None ORAL COMMUNICATIONS - Members of Audience Mr. Edwin H. Wood, 9318 True Avenue, Chairman of the Downey Recall Committee, indicated the Committee has heard that the City Attorney ruled a portion of the recall petition invalid, that portion dealing with the question of whether the electorate shall have the right to see if it wants an election. He asked if this is true. Mr. Allen replied yes. Mr. Wood stated the Recall Committee finds no objections to this, but he said it raises additional questions, such as should any of the charges be prover. against Councilman Mackaig and he resigns, would it still be necessary to conduct a recall election? Mr. Allen indicated at this time he cannot answer that question, but it would be answered at such time as a resignation occurs. Mr. Wood then asked Councilman Mackaig if he had secured an injuntion regard- ing the recall and what the details might be. He received no response. Janet Elaine Landberg, 12802 Downey Avenue, said she operates a business in a new plaza in the City and that they have to adhere to the Sign Ordinance pertaining to size of signs. She pointed out there is only room for four shop names on the accepted size sign for the plaza, and it is her request they be allowed a mar- quee which would accommodate all 12 shops. Councilman Swearingen explained the Council is studying the Sign Ordinance, and he indicated hopefully the Council will be able to help Ms. Landberg. Mayor Jackman recessed the meeting to executive session from 11:15 p.m. to 11:25 p.m. to discuss a matter of litigation. The meeting resumed with Council Members Swearingen, Mackaig, Quinn, Jackman present; Council Member Cormack was absent. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to authorize settlement to Cecile Lecoq. Council Minutes 11/25/80 -9- AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman '.. ABSENT: 1 Council Member: Cormack The meeting was then adjourned at 11:25 p.m. in memory of Mrs. Essie Van Kleef, Councilman Quinn's mother-in-law. J / Jbe�jt.L. Shand, City Clerk -Treasurer Theodore H: Jackman, Mavor Council Minutes 11/25/80 -10-