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HomeMy WebLinkAboutMinutes-08-25-81-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 25, 1981 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: PAGE NO. Appeal, Zone Variance #177, 8450 Firestone Approved; staff to bring back Resol. granting appeal 1 Res. #4007, Ord. Annex. to Ltg. Maint. Dist. (Annex 81/28 - Horley & Noren) Adopted 2 Ord. amending Sec. 8246 DMC re Swimming Pools Introduced 2 Swimming Pools: Direct staff to bring back ordinance requiring fenced pool areas within two years Approved 2 Minutes: Reg. Mtg., August 11, 1981; & Spec. Called Mtg., August 17, 1981 Approved 3 Denial of Legal Claims: Ref. #527 Approved 3 CC #480, Slurry Seal 1981-82: Specs & auth. to advertise for bids Approved 3 General Warrants: 4192678 - 192949 #208460 - 208483 Approved 3 Transfer of Storm Drain Maint. to L.A. County Flood Control Dist.: Auth. Mayor to sign agreement Approved 3 Req. of Downey Historical Society to salvage certain items from Downey Elementary School (Z-Campus) Approved 3 Suppl. appropriation of Park Dev. Funds for Independence Park Paving: Appropriate unexpended funds for paving new parking lot at park & auth. staff to negotiate change order or informal contracts Approved 3 Res. #4008, amending 1981-82 Management Supervision Pay Plan and 1981-82 Budget Adopted 3 Res. #4009, rescinding Res. #3522 -& #3649 & establishing policy f/destruction of certain obsolete records (in Police Dept.) Adopted 3 Res. #4010, supporting Metropolitan Water Dist. of So. Calif. in Water Awareness Campaign Adopted 3 Res. #4011, establishing 2-hr. Parking Restr. from 7am to 6pm on E/s Woodruff Av. bet. Washburn & Stewart & Gray Adopted 3 CC #473, Rio Hondo Country Club - Phase I: Facilities for.temporary occupancy Approved 3 CC #479, Rio Hondo Golf Course - Phase II: Award to Charles F. Walsh Approved 3 Downey Municipal Code: Selling price of $50.00 for complete set in binder form Approved 4 Proposed Expansion of City Library: Direct staff to prepare information for study session & direct architect to prepare plans & specs to remodel & expand existing bldg. & blend into theme of new Civic Center dev.; & exclude proj. from bond sale Approved 4 Page 1 of 2 COUNCIL MINUTES, AUGUST 25, 1981 TABLE OF MINUTE ACTIONS (CONTINUED) Civic Center development Gun Shooting Range Cable TV Franchise Agreement Appeal, Conditional Use Permit #123, 10335 Paramount Bl. Refuse Collection Contract: Five-year contract for Calsan under terms & condi- tions of present contract, w/same formula, for residential only City Attorney to refer Railroad actions re refund of taxes to County Counsel for defense Cn. Swearingen comments on "Things to do List" from Mayor Mackaig Committee to study Amendment of District Boundaries Location of Downey Courthouse ACTION: PAGE NO. Study session set for 4:30 p.m., September 29, 1981 4 Staff to bring back additional report re possible revenue to City 4 Withdrawn from Agenda; to be brought back next meeting 4 Hearing set for September 8, 1981 4 Approved 4 Authorized 5 Items to be placed on future agendas 5 Appointed by Mayor 5 City Manager to arrange meeting bet. Council & Supervisor Schabarum 5 Downey Community Hospital: Direct staff to work w/Hospital Ed. to draw up legal document giving total control to Hospital Bd. as long as standards are met; that if they fail to qualify City will automati- cally take control Approved 5 Richard M. Jennings presents material re Bingo & req. Council review for introductn. next meeting 5 William L. Greene opposes bingo and raises question re Rubbish Contract 5 Page 2-of 2. (�' �K5 (� MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 25, 1981 The City Council of the City of Downey held a regular meeting at 7:30 p.m., August 25, 1981, in the Council Chamber of the Downey City Hall, Mayor Milton R. Mackaig presiding. PRESENT: Council Members: Lyell W. Swearingen Mayor Pro Tem - James T. Quinn Robert G. Cormack Theodore H. Jackman Milton R. Mackaig Mayor ALSO PRESENT: John W. Donlevy, City Manager Royal M. Sorensen, City Attorney John T. Neavill, Director of Parks & Recreation William F. Martin, Police Chief William A. Goggin, City Planner Harald J. Henriksen, City Engineer Harry Rayson, Building Official Charles G. Eccleston, Traffic Engineer Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Councilman Jackman. The Flag Salute was led by Councilman Swearingen. None HEARINGS Mayor Mackaig opened the hearing on Appeal to Zone Variance #177, 8450 Firestone Boulevard. He inquired if the City Clerk had the Proof of Publication, y and the response was es. Mayor Mackaig asked if the City Clerk had received any correspondence on this matter, and the response was no. Mr. Goggin reported on the location of the property and the appeal for a sign and logo on the rear of the Home Savings & Loan building --the other signs on the front and side will be covered by the Code. The Planning Commission denied the re- quest on a 2-2 vote. Mayor Mackaig inquired if there was anyone present who wished to speak in favor of the appeal. Mr. Bob Van Gerpen, 1120 Towne Avenue, Los Angeles, cited the request for sign and logo on the rear elevation of the Home Savings & Loan building, noting the problem in identifying entrances for the parking area to the back of the building. He commented on the reduced size of signing planned for the building and the im- portance of the shield logo which identifies Home Savings & Loan. There being no one else wishing to speak in favor and no one to speak in opposition, it was moved by Councilman Jackman, seconded by Councilman Quinn, and so ordered to close the hearing. Mr. Goggin responded to questions of the Council. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by the following vote to approve the appeal and direct staff to bring back an appropriate resolution granting the appeal. AYES: 3 Council Members: Swearingen, Quinn, Mackaig NOES: 2 Council Members: Cormack, Jackman Mayor Mackaig opened the hearing on Lighting District Annexation 81/28, Horley Avenue and Noren Street. He inquired if the City Clerk had the Affidavit of Posting of Notice and Proof of Publication, and the resonse was yes. Mayor Mackaig inquired if the City Clerk had received any written protests or objections, and the response was no. Council Minutes 8/25/61 -1- 6f5q Mayor Mackaig then asked if there was anyone present to speak in behalf of the Lighting District Annexation. Mr. Nicholas Yaegar, 9709 Horley Avenue, said he instigated the proceedings to get lights on Horley Avenue, and he feels street lights would illuminate the area to provide protection and ward off unnecessary problems for the neighborhood. There being no one else wishing to speak, it was moved by Councilman Swearingen, seconded by Councilman Quinn, and so ordered to close the hearing. RESOLUTION NO. 4007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN AREA INTO LIGHTING MAINTENANCE DISTRICT AD 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THOSE AREAS (ANNEXATION 81/28 - HORLEY AVENUE AND NOREN STREET) The Resolution was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Quinn to waive further reading and to adopt Resolution No. 4007. The vote was unanimous. Mayor Mackaig opened the hearing on Proposed Amendments to the Downey Municipal Code which relates to Swimming Pools. He inquired if the City Clerk had the Proof of Publication, and the response was yes. Mr. Rayson commented on the proposed amendments which would provide that any multi -family dwellings such as apartment houses, condominiums, townhouses, or any apartments that are sold or converted to condominiums would have to protect the pool area. There is a bill before the Senate at the present time which will out- law apartments for adults only. Mr. Rayson pointed out that codes are designed to protect lives, and the proposed amendments would provide protection for small children. This, however, would not affect any existing apartment house unless it is sold or converted to a condominium, and then the pool itself would have to be enclosed. There is an exception, whereby if there is not a ten foot clearance between the pool and the structure, then the pool area would not have to be fenced. Mayor Mackaig inquired if the City Clerk had received any correspondence on this matter, and the response was no. There being no one present wishing to speak to the proposed amendments, it was moved by Councilman Swearingen, seconded by Councilman Quinn, and so ordered to close the hearing. Referring to the exception regarding clearance around a pool, Councilman Cormack expressed concern that protection against children drowning would not be provided. He then suggested a time limit, wherein those pool areas would have to be fenced. Mr. Sorensen said it is a matter of legislative discretion as to what consti- tutes a reasonable time period, and he feels in a case where there is a physical impossibility.or protecting -a pool then an alternative procedure should be established to provide the maximum safety feasible. Mayor Mackaig indicated his understanding of the legislation is if there is no way to enclose the pool it will be an adult -only complex. He said there are several in Downey where it would be a physical impossibility to enclose the pool, and if there are children, insurance companies will not insure the property if the pool is not enclosed. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 8246 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO SWIMMING POOLS The Ordinance was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Quinn to waive further reading and to introduce the Ordinance. The vote was unanimous. It was moved by Councilman Cormack, seconded by Councilman Swearingen, and so ordered to direct staff to come back with an ordinance requiring fenced pool areas within two years. Council Minutes 8/25/81 -2- CONSENT CALENDAR It was moved by Councilman Swearingen, seconded by Councilman, and passed by unanimous vote to approve the Consent Calendar: Minutes: Regular Meeting of August 11 1981• and Special Called Meeting of August 17, 1981. Denial of Legal Claims: Ref. #527 and 527a R. T. Golec. Cash Contract #480, Slurry Seal 1981-82: Specifications and grant authority to advertise for bids (A/C #26-16237, 10-4-5428; 10-4-3310; and 10-4-4220). General Warrants: 4-192678 - 1.92949; #208460 - 208483: $1,419,153.23. Transfer of Storm Drain Maintenance to Los Angeles County Flood Control District: Authorize Mayor to execute agreement. of Downey Historical Society to salvage ry School (Z Campus)c One solid brass .gpole; and seven wrought iron railings. of Park DevE certain items from Downey ell; three plaques; one 45 Park Paving: Appropriate unexpended Park Development (In -Lieu) funds in the amount of $11,700 to be.used for paving a new parking lot at Independence Park (A/C #40-17100) and authorize staff to negotiate contract change order (Cash Contract #449) or informal contracts to accomplish this improvement. RESOLUTION NO. 4008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE 1981-82 MANAGEMENT SUPERVISION PAY PLAN AND THE 1981-82 BUDGET RESOLUTION NO. 4009 —' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING RESOLUTIONS NO. 3522 AND NO. 3649, AND ESTABLISHING A POLICY FOR DESTRUCTION OF CERTAIN OBSOLETE RECORDS RESOLUTION NO. 4010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA IN ITS WATER AWARENESS CAMPAIGN ORAL COMMUNICATIONS - Items not on Agenda: None ORDINANCES: None RESOLUTIONS RESOLUTION NO. 4011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A TWO-HOUR PARKING RESTRICTION FROM 7:00 A.M. TO 6:00 P.M. ALONG THE EAST SIDE OF WOODRUFF AVENUE BETWEEN WASHBURN ROAD AND STEWART AND GRAY ROAD The Resolution was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Quinn to waive further reading and to adopt Resolution No. 4011. The vote was unanimous. CASH CONTRACTS It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to approve the following facilities for temporary occu- pancy at the Rio Hondo Country Club - Phase I (Cash Contract #473): Phase I -A, Cart Storage and Repairshop and Pro Shop; Phase I-B, Base Bid 2, Expansion of Banquet Room; Storage area adjacent to Banquet Room; Caretaker's Room; and Office area adjacent to Bar and Banquet Room. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to award Cash Contract #479, Rio Hondo Golf Course - Phase II, in the amount of $146,000, to Charles F. Walsh of Los Alamitos, the lowest bidder, for construction of all work proposed (A/C #52-17520). Council Minutes 8/25/81 -3- 6 -1 MISCELLANEOUS ACTIONS It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to approve a selling price of $50.00 for a complete set of the Downey Municipal Code in binder form. Proposed Expansion of the City Library Mr. Donlevy mentioned as indicated in the staff report through letters from the bond counsel, adding the Library to the bond sale would jeopardize the Civic Center development, including the sale of bonds and the debt service that will be required to service the bonds, making the project financially unfeasible. It is felt the answer would be to remodel and expand the existing Library to blend in with the new Civic Center development. Tomorrow a meeting will be held with all parties involved for a total review of the project. Mr. Donlevy stated it is now time for the City Council to be brought into the entire picture of the proposed development, and hopefully next meeting a study session can be set for a total pre- sentation from all parties concerned and a thorough review of the development. Councilman Jackman concurred that the City Council should be brought into the entire Civic Center project, but in the meantime he feels two Council Members should be appointed to attend the group meeting tomorrow and any future meetings and provide input to the Council. Councilmen Jackman and Cormack volunteered to serve as the Council committee on the Civic Center project. Councilman Jackman suggested directing staff at this time to look into the possibility of rebuilding the Library to make it large enough to serve the commu- nity and to blend in with the architecture of the Civic Center development. It was so ordered to set a study session for 4:30 p.m., September 29, 1981. Mr. Donlevy said the study session will include a full presentation with all parties present, including the bond counsel, financial consultants, and architects. Prior to that time, a status report will be submitted to the Council. It was moved by Councilman Cormack, seconded by Councilman Quinn, and so ordered to direct staff to prepare information for the study session, and to direct the architect to prepare plans and specifications to remodel and expand the existing Library, with the plans and specifications to blend into the theme of the new Civic Center development; and to exclude the project from the bond sale. Gun Shooting Range Mr. Donlevy mentioned staff has indicated there would be considerable problems with using City property for a commercial type activity. Councilman Swearingen suggested this could produce revenue for the City, and he asked if it would be possible to find out if it could. Councilman Cormack said if it does not produce revenue for the City, then the Council should give further consideration to the handgun training program. Mr. Sorensen stated if public lands are used to construct a building, then it would have to have some public use rather than commercial, where the City retains a certain amount of control. It was so ordered for staff come back with an additional report. Cable TV Franchise Agreement was withdrawn from the Agenda. Mr. Donlevy said this will be brought back next meeting. A hearing on Appeal to Conditional Use Permit #123 10335 Paramount Blvd., was _ set for 7:30 p.m., September 8, 1981, in the Council Chamber of the Downey City Hall. Refuse Collection Contract It was moved by Councilman Cormack, seconded by Councilman Swearingen, and passed by the following vote to approve a Five-year Contract for Calsan under the terms and conditions of the present contract, with the same formula, for resi- dential only. AYES: 3 Council Members: Swearingen, Cormack, Jackman NOES: 2 Council Members: Quinn, Mackaig Council Minutes 8/25/81 -4- 40 CITY MANAGER'S REPORT: None STAFF REPORTS Mr. Sorensen commented on receipt of a letter from the County Counsel concern- ing proposed action of Atchison -Topeka and other railroads for refund of taxes. He said under the Revenue and Taxation Code, the County must defend on the City's behalf, and he requested authority to tender defense of these actions to the County at no cost to the City. There were no objections. ORAL COMMUNICATIONS - City Council Councilman Swearingen commented on a "Things to do List" from Mayor Mackai and said he would like to see items placed into action as soon as possible. He referred to certain items on the list such as graffiti ordinance, property maintenance and improvement, and possible department consolidation on use of contract labor. Mayor Mackaig mentioned he submitted the list when he was elected Mayor, and he suggested the items be placed on the agenda at a future date. Mr. Donlevy said staff can go through the list and prepare reports. It was moved by Councilman Cormack and seconded by Councilman Swearingen to have the Mayor appoint a committee to study Amendment of District Boundaries. Mayor Mackaig appointed a committee of Councilman Jackman and the City Clerk, headed by the City Manager. Councilman Quinn commented on a report concerning transfer of City of LaMirada to Whittier Municipal Court and Supervisor Schabarum's proposed combination of South Gate, Huntington Park, Maywood, Bell, Bell Gardens and Cudahv with Downev at Councilman Cormack said the Council should talk to their constituents and have them send letters to Supervisor Schabarum. The City Manager was instructed to set up a meeting between the City Council and Supervisor Schabarum to discuss this matter. It was moved by Councilman Cormack and seconded by Councilman Swearingen to direct staff to work with the Hospital Board in drawing up a legal document that gives total control of the Downey Community Hospital to the Hospital Board as long as they meet the standards of the Hospital Validation Board, with a condition in- cluded that if they fail to qualify within a given time frame the City will automatically take complete control. Staff was so directed by the Mayor. ORAL COMMUNICATIONS - Audience Mr. Richard M. Jennings, 7435 Stewart & Gray Road, Downey, presented material for Council review as the first step in legalizing Bingo in the City of Downey. He commented on the items contained in the material from people favoring Bingo as a means of revenue for charitable organizations. The material also contained ordi- nances from surrounding cities, and Mr. Jennings requested the Council to study the information for introduction at the next Council Meeting. Mr. William L. Greene, 7908 East 8th Street, said he is against Bingo, and he inquired why there was no public discussion prior to the vote on the Rubbish Contract. He was informed the Rubbish Contract item was not a public hearing. ADJOURNMENT - 8:49 p.m. i Robert L. Shand, City Clerk -Treasurer Milton R. Mackaig, Mayor Council Minutes 8/25/81 -5-