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HomeMy WebLinkAboutMinutes-01-27-81-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 27, 1981 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Flag flown over City Hall pending release of 52 hostages from Iran Presented to Historical Society Res. #3910, determining Parking Lot #11 (AD 66, Area 3), is surplus property Adopted PAGE NO. 1 1 Appeal, Zone Variance #151, 7951 Florence Av.: Allow reduced sign on back of bldg., pharmacy & liquor signs, & pole sign to Approved; Resolution to be be removed brought back next meeting 3 Minutes: Reg. Mtg., January 13, 1981 Approved Rejection of Legal Claim: Ref. #506 Approved CC #464, Residential Street Resurfacing: Accept contract Approved CC #466, Alley Reconstruction - N/o Harper bet. Rives/Smallwood; N/o 8th bet. Rives & Smallwood; & W/o Paramount bet. Fifth/Sixth: Plans & specs & auth. to advertise f/bids Approved General Warrants: #188564 - 188812 #207767 - 207810 Approved Tract #27378, Pico Vista Rd. S/o Telegraph: Accept improvements Approved DIP #708, 12349 Brookshire: Auth. Chapter 27 proceedings f/sidewalk Approved Request for Council to reconsider Jammer's Junction Dance Permit for a probationary period No action Citizen thanks Council for removing art exhibit at Downey Museum Res. 43911, recognizing Accomplishments of SE Foothill Arson Control Team Adopted CC #453, Activity Ltg. at Furman & Apollo Parks: Accept construction & extra work Approved CC #463, Police Addition: Hearing on whether to impose penalty on contractor for failure to submit names of subcontractors prior to award of contract Closed; no penalty imposed CC #463, Police Addition: Accept contract & change orders reducing amount CC #465, Rives Av., Quoit St., & Norlain Av. - Gutter Construction: Award to Copp Contracting Inc. Appeal, Zone Variance #141, 12204 Marbel Approved Approved Failed; staff directed to work out solution w/applicant 3 3 3 3 3 3 3 3 4 4 4 5 5 5 5 Zone Change Case #169, 12127-35-42 Downey Hearing set for February 10, 1981 5 Request for Conditional Use Permit: Balboa Construction Co., NE Corner Suva & Scout (Rio Hondo Settling Basin) Referred to Planning Comm. for hearing 5 Page 1 of 2 COUNCIL MINUTES, JANUARY 27, a981 TABLE OF MINUTE ACTIONS (CONTINUED) ACTION: Request for Conditional Use Permit: Artland Nursery, N/s Imperial Hwy., Edison Referred to Planning Comm. R/W at San Gabriel River for hearing Request for Conditional Use Permit: Wilcox Machine, SE Corner Suva & Scout Referred to Planning Comm. (Rio Hondo Settling Basin) for hearing Redevelopment Contract Review Comma members Approved as named Cn. Mackaig req. financial statements from Hometel Dev. Corp. & Republic Dev. Co. Cn. Mackaig suggests Blue Ribbon Comm. to monitor Downey Art Museum Cn. Cormack to study agreement Environmental Sanitation Comm. looking for additional assignments Executive session re personnel 'Identification badges for Council Members Approved Meeting adjourned in honor of 52 returned hostages PAGE NO. 5 f I 5 5 6 6 i 0 Page 2 of 2 61231 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 27, 1981 The City Council of the City of Downey held a regular meeting at 7:30 p.m., January 27, 1981, 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 ., Robert G. Cormack Theodore H. Jackman Mayor ALSO PRESENT: Charles W. Thompson, City Manager Royal M. Sorensen, City Attorney William A. Ralph, Director of'Public Works Ronald W. Leege, Director of Finance John T. Neavill, Director of Parks & Recreation William F. Martin, Police Chief Don Davis, Fire Chief William A. Goggin, City Planner Harry Payson, Building Official Harald J. Henriksen, City Engineer Charles G. Eccleston, Traffic Engineer John H. Saunders, Personnel Officer Robert Brace, Civil Engineer James Jarrett, Recreation Superintendent Thomas Tincher, Housing & Redevelopment Coordinator Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend Tim Smith, Downey Telegraph Road Nazarene Church. The Flag Salute was led by Councilman Swearingen. PRESENTATIONS The Flag flown over City Hall pending release of the 52 hostages from Iran was presented by the City Council to Mrs. Ellen Peterson, President of the Downey Historical Society. HEARINGS Mayor Jackman opened the hearing to determine if Public Parking Lot No. 11 in Assessment District 66, Area 3, located on the north side of Firestone Boulevard 200 feet east of Dolan Avenue, should be declared surplus property. He inquired if the City Clerk had the Affidavit of Posting of Notice and 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 Affidavit and Proof. Mr. Eccleston reported the Parking Place Commission has made the finding that this particular parking area is no longer needed for its original intent and recom- mends the City Council,.following the hearing, declare the parking lot as surplus property. Mayor Jackman inquired if the City Clerk had received any written protests or objections, and the response was no. There being no one present to speak in protest, it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing. RESOLUTION NO. 3910 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DETERMINING THAT PARKING LOT NO. 11 (ASSESSMENT DISTRICT 66, AREA 3), ACQUIRED PURSUANT TO THE PARKING DISTRICT ACT OF 1943, IS SURPLUS PROPERTY The Resolution was read by title only, It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. Council Minutes 1/27/81 -1- 6?3,Z It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3910. Mayor Jackman opened the hearing on Appeal to Zone Variance #151, 7951 Florence 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 Quinn, and so ordered to receive and file the Proof. Mayor Jackman inquired if any correspondence had been received. Mr. Goggin stated a letter was 'received from Mr. Harry Boand who is concerned about the glare. Mr. Goggin then reviewed the request of Sav-On Drug Store for a Sav-On sign at the main entrance of the building facing the large parking lot; a pharmacy sign on the side door closest to Florence, 22 square feet,.approximately two feet high and eleven inches long; a liquor sign of the same size on the middle entrance to the building; a garden shop sign 24 square feet on the east side; and an illuminated sign on the rear of the building with the "S" 3-1/2 feet high and the other letters one foot high, approximately 9-1/4 feet long. The Planning Commission approved the sign on the east side of the building; two logo signs for pharmacy and liquor; and an unlit sign at the north entrance with the letters not to exceed 12 inches in height. Sav-On is appealing the size and type of signs approved. Mr. Goggin -pointed out that Sav-On verbally agreed to remove the pole sign and flower shop within three months of the Commission's decision, and he would like to know from Sav-On whether they will still abide by that agreement Mayor Jackman inquired if there was anyone present to speak in favor of the appeal. Mr. Willis R. Hanes, architect for Sav-On, said the pole sign will be removed. He pointed out the Sign Ordinance permits 280 square feet sign area for a newly - completed building, and he described in more detail the type of signs requested. It is felt the modifications recommended by the Commission are too restrictive for Sav-On's purpose and the unique conditions that exist, making the variance request totally justified. The sign on the rear of the building would be a low intensity Sav-On logo to identify the entrance to the new home center section of the store, — and due to the fact that it serves a large parking lot, is located 150 feet from the residences to the north, and screened by trees, it creates a unique situation which justifies special consideration. Mr. Jim Lyon, representing Sav-On planning and design Department, commented on the importance of the smaller pharmacy and liquor signs on the east elevation to identify that these items are available in the store. He said Sav-On's 150 stores have a standard signing package, and at least 140 of those stores have the same type of signs. The sign on the rear of the building would identify it as another entrance to the store, and he noted Sav-On had built a higher than required wall on the back property line so there would not be problems in the future with the neighbors to the north. Mr. Lyon concluded that the amount of signing requested comes within the allowable 280 square feet for a building the size of Sav-On. There being no one else to speak in favor, Mayor Jackman then asked if there was anyone present to speak in opposition. Mr. Rodney B. Tippets said he is building eleven condominiums on the north side of Sav-On Drug Store, which are going to be very expensive units, and he be- lieves a large Sav-On sign on the north of the building would hurt the sale of those units. When asked by Councilman Mackaig if he would object to the sign as it is proposed if it is non -illuminated, Mr. Tippets said he does not think it is a proper sign to have on Tweedy Lane, and he is opposed to its size. Mr. Dale Cheesman, 9027 Guatemala, representing Downey Investment Developers, said his clients do not want to see the condominium units depreciate before they are built, and an illuminated sign is not needed. There being no one else to speak in opposition, rebuttal time was granted to the applicant. Mr. Lyon said he can understand the objections raised for an illuminated sign, but there is a need to have a sign on that side of the building. He will go along with a non -illuminated sign, but would like the size to remain as proposed by Sav-On. Council Minutes 1/27/81 -2- G 733 It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing. During discussion, Councilman Swearingen indicated he would go along with the sign on the back entrance of Sav-On so long as it is not illuminated. Mayor Jackman would not object to the signs facing the parking lot but would object to the lighted sign on the north elevation. Further discussion ensued. Councilman Quinn said he would go along with a sign on the back with the "S" two feet high, the rest of the letters one foot high, and non -illuminated. He asked Mr. Lyon if he would be agreeable to this. Mr. Lyon replied he will accept the will of the Council. It was moved by Councilman Cormack, seconded by Councilman Swearingen, and passed by unanimous vote to allow the reduced sign on the back of the building, as suggested by Councilman Quinn, non -illuminated; to allow the pharmacy and liquor signs; and that the pole sign be removed. Mr. Goggin indicated a Resolution will be brought back next meeting. Mayor Jackman declared a recess from 8:25 p.m. to 8:32 p.m. The meeting resumed with all Council Members present. CONSENT CALENDAR It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by the following vote to approve the Consent Calendar: Minutes: Regular Meeting of January 13, 1981. Rejection of Legal Claim: Ref. #506, George Michael Hen contract Cash Contract grant Street responsibility for Acceptance of construc- ovements (A/C #21-13971). 6, Alley Reconstruction- N/o Harper Avenue between Rives nue; W/o 8th Street between Rives and Smallwood Avenue; a levard between Fifth and Sixth Street. Plans and specifi uthority to advertise for bids (A/C #21-13973). General warrants: #188564 - 188812; .#207767 - 207810: $635,209.94. Tract #27378, Pico Vista Road south of Telegraph Road: Accept improvements constructed. Downey Improvement Project #708, 12349 Brookshire Avenue: Authorize initiation of Chapter 27 proceedings for completion of sidewalk. AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman ORAL COMMUNICATIONS - Items not on Agenda Mr. Richard A. LaPan, attorney, stated his request for Council reconsideration of the Dance Permit at Jammer's Junction for a probationary period. He said Mr. Darrow has shown he can run a business and abide by the rules, and he wants to show that he can still do this with the dance permit. Mayor Jackman indicated he would not reconsider this without a recommendation from the Police Chief. Mr. Sorensen advised he does not know of any basis for reconsideration --the matter has been concluded. It is his thought that the only manner in which it could be brought back to the Council again is if Mr. Darrow applied for a new per- mit and it was refused by the Police Chief, then there is the appeal procedure to the Council. Councilman Quinn indicated it is his understanding Mr. Darrow is having financial problems. Mr. LaPan concurred and mentioned Mr. Darrow has put all of his money into the business on the rational there would be dancing. Council Minutes 1/27/81 -3- 6g3y Mr. Claude Sutherland asked the City Attorney that if the City Council has the power to revoke a permit, does it not have the power to reinstate it? Mr. Sorensen replied no, the Council does not have the power to automatically reinstate a permit. Councilman Mackaig inquired if the Council wanted to reconsider the permit and since the permit was from March or April 1980 to March or April 1981, would there not be a portion of the year left? Mr. Sorensen replied no, the permit has been revoked. Mr. Donald E. Staley, resident of Downey and Chairman of the Advisory Board of Knights of Columbus of Southern California, expressed his thanks to the Council for the action in removing Ms. Good's art exhibit from the Downey Art Museum. He re- quested that future art works be reviewed before being placed on display. Mayor Jackman informed Mr. Staley that the Council took no official action on this matter. The Art Museum took the action it deemed advisable and should be given credit for what happened. ORDINANCES - None RESOLUTIONS RESOLUTION NO. 3911 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, RECOGNIZING THE ACCOMPLISHMENTS OF THE SOUTH-EAST FOOTHILL ARSON CONTROL TEAM 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 so ordered to adopt Resolution No. 3911. CASH CONTRACTS It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to accept the construction contract, maintenance responsi- bility for improvements, and approve extra work in the amount of $3,310 and extended contract completion dates on Cash Contract #453, Activity Lighting at Furman Park and Apollo Park (A/C #40-17132 and #40-17136). Cash Contract #463 - Police Addition Mr. Henriksen explained the State statutes in the Government Code specify that subcontractors have to be listed in the bid when it is submitted to the City for an award. The prime contractor on this contract used four subcontractors who were not listed in the bid. Statements from the subcontractors indicated they had submitted proposals to the prime contractor prior to award of contract, but for some reason were left off the proposal when the contract was awarded. Mr. Henriksen pointed out that at the time the omission was discovered by staff the contractor was well under way with the project, and the work was satisfactorily done. Therefore, cancellation. of the contract was not considered. An alternative penalty the Council may consider is to assess the prime contractor an amount not to exceed 10 percent of the subcontractors' work involved, which would be $1,034.30. First, the Council must conduct a hearing on this matter. The hearing was then opened and Mayor Jackman asked if there was anyone pre- sent to speak on behalf of the contractor. Mr. Howard Van Buskirk, representing Affiliated Builders, the prime contractor on the project, explained the job was originally bid with the Building Division and then the Police Department to put together one contract. Then, he said, they had to go back and start removing items, and that is how this was neglected --that in contracts where items are inserted and removed there is a chance of something being left out. For the record, Mr. Henriksen stated that the failure to list the subcontrac- tors in no way affected the quality of work on the Police addition. The contractor completed the work within the specified amount of time. Mayor Jackman then inquired if there was anyone present to speak in favor of a penalty. There was no response. Council Minutes 1/27/81 -4- 6 93-5 It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by the following vote that no penalty be imposed. It was noted that the contractor should be careful not to do this in the future. AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to accept, the construction contract and maintenance responsibility for improvements constructed under Cash Contract #463, and approve change orders totaling a net reduction of $12,001.17. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to award Cash Contract #465, Rives Avenue, Quoit Stree and Norlain Avenue - Gutter Construction, in the amount of unit prices bid, to Contracting Incorporated, the lowest and best bidder (A/C #21-13972). MISCELLANEOUS ACTIONS It was moved by Councilman-Mackaig and seconded by Councilman Swearingen to grant the appeal on Zone Variance #141, 12204 Marbel Street. Councilman Cormack said he drove through the neighborhood several times, and while the driveway looks good it is a violation. He thinks the Council has to stop approving violations, especially those without permits. Councilman Quinn suggested the driveway could be modified through the Planning Division with possibly a planter or some way to take away from the widened driveway, and that it be done with a permit. It was moved by Councilman Cormack to amend the motion by inserting approval with corrections worked out with the staff. Mr. Sorensen said if the Council wishes to grant a variance it will have to be brought back in the form of a Resolution. Councilman Cormack withdrew his amendment. AYES: 2 Council Members: Mackaig, Swearingen NOES: 3 Council Members: Quinn, Cormack, Jackman Failed. Staff was directed to go back and work out a solution with the applicant. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to set a hearing on Zone Change Case #169, 12127-35-43 Downey Avenue, for 7:30 p.m., February 10, 1981, in the Council Chamber of the Downey City Hall. It was moved by Councilman Swearingen, seconded by Councilman Cormack, and passed by unanimous vote to approve the following requests for Conditional Use Permits to be heard before the Planning Commission: Balboa Construction Co. - Northeast corner Suva Street and Scout Avenue (Rio Hondo Settling Basin). Artland Nursery - North side Imperial Highway, Edison Right -of -Way at the San Gabriel River. Wilcox Machine - Southeast corner Suva Street and Scout Avenue (Rio Hondo Settling Basin). CITY MANAGER'S REPORT Mr. Thompson stated at the request of Councilman Swearingen and approval by the Council, the following people have been contacted and consented to serve on the Redevelopment Contract Review Committee: Mr. William Wanamaker Mr. Hugh Clark Mr. Jack Robinson Mr. Frank Gasdia Mr. Maurice McAlister Council Minutes 1/27/81 -5- 6 ? 3.6 Mr. Thompson said subsequently the Downey Chamber of Commerce did meet and discuss a similar matter with respect to Redevelopment projects and requested they have specified members on the Committee. He suggested that if the committee is kept at three -to -five members it is easier to bring the group together for a meeting --the larger the group, the more difficult it becomes. Mr. Thompson also suggested for the additional people willing to serve that the Council re-form the Citizens Advisory Redevelopment Committee and invite the specified members of the Chamber plus any additional people in the community that would like to meet for discussing the Redevelopment projects. Councilman Swearingen and Mayor Jackman concurred with Mr. Thompson's suggestions. It was moved by Councilman Cormack, seconded by Councilman Swearingen, and so ordered to approve the Redevelopment Contract Review Committee members as named. ORAL COMMUNICATIONS - Audience: None ORAL COMMUNICATIONS - Council Members Councilman Mackaig requested financial statements from both Hometel Develop- ment Corporation and Republic Development Company. Councilman Mackaig said he has received several calls suggesting the Council appoint a Blue Ribbon Committee to monitor or review on behalf of the Council the ,Downey Art Museum. Councilman Cormack mentioned he has requested a copy of the contract with the Art Museum. He would like to read it thoroughly before the Council discusses it. Councilman Quinn informed the Council the Environmental Sanitation Committee would be receptive to any Council assignment. Councilman Mackaig requested the meeting be _adjourned in honor of the 52 returned hostages from Iran. At 9:12 p.m., Mayor Jackman recessed the meeting to executive session to dis- cuss a personnel matter. The meeting resumed with all Council Members present. The Council discussed Badges for Council Members for identification purposes, similar to the Police badges. Mayor Jackman excused himself and departed from the meeting. The chair was turned over to Mayor Pro Tem Mackaig. Discussion continued. It was moved by Mayor Pro Tem Mackaig, seconded by Councilman Quinn, and passed by the following vote that the Council Members shall have identification badges similar to the Police Department badges. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Cormack ABSENT: 1 Council Member: Jackman There being no further business to come before the City Council, the meeting was then adjourned at 9:46 p.m. Robert L. Shand, City Clerk -Tres Council Minutes 1/27/81 -6-