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HomeMy WebLinkAboutMinutes-11-10-81-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 10, 1981 T A B L E O F M I N. U T E A C T I O N S SUBJECT ACTION: Ord. granting Non-exclusive Franchise to California Cablesystems, Inc., to operate a Cable TV System in the City & setting forth Conditions accompanying granting Franchise Zone Change Case #178, Factory -Built Housing Overlav Areas Res. #4033, Declaring Underground Utility Dist. be formed (Dist. #11 - Firestone) Res. #4034, Ord. Annexn, to Ltg. Maint. Dist. AD 121, Zone II (Annex. 81/29 - Firestone B1.) Removal of items from Consent Calendar Minutes: Reg. Mtg., October 27, 1981 Rejection of Legal Claims: Ref. #535 & 536 CC #487, Rio Hondo Inn Banquet Room Heating & Air Conditioning: Plans, specs & auth. to advertise for bids General Warrants: #194052 - 194233 #208696 - 208741 _ Downey Lions Club: Christmas Parade Permit Application Res. #4035, Apprvg. Final Parcel Map #13572 (N/s Nada E/o Julius) Res. #4036, Auth. City Manager enter into Contract #U-7963 w/State Dept. Transportatn. for Addl. Police Security Patrol in the I-105 Future Freeway Area Res. #4037, Denying Zone Variance #180 (7753 Arnett St.) Res. auth. Reduction of Parking Spaces (11102 Paramount Bl.) Ms. Boillin cited tree problem in front of her property & pothole on True Av. Ord. #677, amending DMC re Compact Auto Parking Ord. amending DMC re Bingo Games Res. establishing Fee for Bingo License Res. #4038, Apprvg. Agmt. w/State for Route I-105 Century Freeway CC #478, Manzanar Av. N/o Gallatin Rd. - Street imprvmts.: Award to Crowell & Larsen in amount of $29,558.48 Authorization.for changes to Rio Hondo Country Club Phase III Const. Contract Bail Schedule for DMC Violations Appeal, ZV #186, 11744 Adenmoor Av. Introduced Hearing closed; staff directed to bring back ordinance next meeting Adopted Adopted Approved Approved Approved Approved Approved Adopted Adopted Adopted Postponed pending further staff study Adopted Introduced Held until after adoption of Ord. Adopted Approved Approved Approved Hearing set for December 8, 1981 PAGE NO. 2 3 4 4 4 4 4 4 5 5 5 5 5 5 5 5 6 7 7 7 7 7 8 Page 1 of 2 COUNCIL MINUTES, NOVEMBER 10, 1981 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: PAGE NO. Waive 90-day residence requirement for City Manager for reasonable period of time Approved 8 Cn. Quinn req. staff check into possibility of Downey Comm. Hosp. using empty beds at Rancho Los Amigos for rehabilitation of stroke victims Staff to report back 8 Policy on Resolutions Staff to report back 8 Res. #4031, Commending Vincent S. Dalsimer on Apptmt. to Court of Appeals Adopted 8 Res. #4032, Endorsing Leon Emerson toward being Appointed to Superior Court of the State of California Adopted 8 Mr. Grimes req. Council consideration to State initiative placing 5% fee on every recyclable beverage container Mayor to poll the Council 8 Meeting adjourned to 5:00 p.m., November 17, 1981, for study session on Refuse/Energy Project 8 Page 2 of 2 (06y86 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 10, 1981 The City Council of the City of Downey held a regular meeting at 7:30 p.m., November 10, 1981, in the Council Chamber of the Downey City Hall, Mayor Milton R. Mackaig presiding. PRESENT: Council Members: Milton R. Mackaig Mayor Lyell W. Swearingen Mayor Pro Tem James T. Quinn Robert G. Cormack Theodore H. Jackman ALSO PRESENT: John W. Donlevy, City Manager Royal M. Sorensen, City Attorney William F. Martin, Police Chief John T. Neavill, Director of Parks & Recreation William A. Goggin, City Planner Harald J. Henriksen, City Engineer Harry Rayson, Building Official Charles G. Eccleston, Traffic Engineer Donald Wagner, Assistant to City Manager Lyle Wilkinson, Battalion Chief 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 Cormack. PRESENTATIONS Miss Downey Deanna Martin thanked the Council for making possible her trip to Guadalaja and hopes she has been a good representative for the City. HEARINGS Mayor Mackaig reopened the hearing on Cable TV Franchise Agreement, which was continued from the Council Meeting of October 27, 1981. Mr. Donlevy reported that as directed by the Council, staff has met with California Cable to determine the best and final offer for the Council's considera- tion. A detailed report has been submitted in a memo dated November 3, 1981, from the Council Committee consisting of Councilmen Jackman and Swearingen regarding the offer and discussions held with California Cable. The advance fee to be repaid from franchise fee revenues has been increased to $1 million, and the 4% gross receipts has been increased to $300,000. Mr. Donlevy highlighted the following changes in the proposal which are contained in a memo dated November 10, 1981: California Cablesystems will reduce its local program origination budget for the franchise not to exceed $100,000 for any given year; the rate guarantee period is reduced from three years to two years; the performance bond is reduced from $600,000 to $300,000; the letter of credit is reduced from $100,000 to $50 000; implementation of the interactive capability on the residential network and activi- ties of the institutional network is delayed three years after the effective date of the franchise; and the company's contribution to the City for educational institution is to be included in the first $300,OOO contribution of the non-profit corporation. The changes are included in the updated ordinance and franchise agreement. The franchise period is for 15 years, the build -out time is 41 months, and there is no change in the monthly subscriber fees. Mr. Donlevy said the committee has come back with a package that is extremely advantageous to the City, not only monitarily, but is a system that will benefit the entire community. Mayor Mackaig inquired if there was anyone present to speak in favor of the Cable TV Franchise Agreement, noting that those persons wishing to speak must take into account the changes mentioned by Mr. Donlevy. Mr. Sorensen pointed out that the changes have not yet been implemented into the proposed Ordinance. Mr. Skip Cerio, Vice -President of California Cablesystems, said the company is prepared to stand behind its commitments 100 percent, and he commended the City Council Minutes 11/10/81 -1- Council representatives, advisory committee members, and City staff for the thorough process conducted and successful negotiations which has resulted in Downey receiving a first class cable system. He indicated the franchise will be- come effective on December 24th, at which time a check for $1 million will be delivered to the City Manager as part of California CablesystemsI commitment, and less than two years from that date every residence in Downey will have cable television service available. There will be a studio, equipment, and expertise to assist Downey residents in producing excellent programming for and about their community. He concluded that Cablesystems' reputation and track record will guarantee the promises made will result in performance, and they are proposing one of the best packages ever given to a city. Joyce Ponso, residing on -Wiley -Burke, spoke in favor of awarding the cable television franchise to California Cablesystems. There being no one else to speak in favor, Mayor Mackaig asked if there was anyone present to speak in opposition. Mr. Merritt Yancey, 8525 Luxor Street, representing the Downey Amateur Radio Club, said they are not in opposition to the concept of cable TV but are concerned about the matter of interference. He proceeded to explain how interference can occur through deterioration of a cable's exterior, and it was suggested a para- graph be inserted into the contract for establishing a system, whereby the cable TV company would handle any intereference problem that might occur. Mr. Cerio explained the company has been operating for 30 years and has never experienced an'interference problem. He did state that Cablesystems will be re- quired to meet FCC standards so as to not interfere. Mr. Dick Waterman, Western Regional Director for Teleprompter Westinghouse Corporation, submitted additional information for the Council's consideration re- garding their previous bid for cable TV in the City. He then stated they are prepared to make an offer to the City that is within the original constraints which they feel more closely meets the needs of the City. Mr. Waterman discussed their increased offer for prepaid franchise fee of $1.5 million; to provide a cash annual payment to the City of 4% of revenues with an annual guarantee of $500,000; provide a performance bond of $600,000; a letter of credit to insure performance of $100,000; and a lower rate for cable TV service. He briefly compared the offers of California Cablesystems and Teleprompter and said Teleprompter will incorporate its commitment in an ordinance. Teleprompter is prepared to provide a better system, lower rates, and more cash to Downey independent of the consortium but is prepared to make a similar offer to other consortium cities on a prorata basis. The ordinance that has been drafted is acceptable to Teleprompter. Mr. Waterman requested both offers for the franchise be considered and suggested the hearing be continued until such time as the committee and staff meet with Teleprompter to re- view its offer and come back to the Council with the best offer for the City. Mr. David Perkins, residing on Lubec, said after hearing the presentations from both companies, it appears Teleprompter's offer is the best. He suggested this is a good way to provide additional revenue to the City without having to give up quality in service. He agreed this matter should be continued for further study to determine Teleprompter's proposal is best for the City. Mr. Edwin Ratcliffe, residing on Puritan Street, favored the Teleprompter proposal and urged the Council to consider the offer for revenues it might bring to the City. There being no one else to speak, it was moved by Councilman Swearingen to close the hearing. The memo dated November 10, 1981, from the Office of the City Manager, was made a part of the record of the hearing and presented to the City Clerk. The motion to close the hearing was seconded by Councilman Cormack, and so ordered by the Mayor. It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by unanimous vote to change the Ordinance by the changes indicated in the November 10, 1981, memo. ORDINANCE NO. AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO CALIFORNIA CABLESYSTEMS, INC., TO OPERATE A CABLE TELEVISION SYSTEM IN THE CITY OF DOWNEY AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THE FRANCHISE Council Minutes 11/10/81 -2- 6ffg The Ordinance was read by title only. It was moved by Councilman Swearingen, seconded by Councilman Cormack, and passed by unanimous vote to waive further read- ing and to introduce the Ordinance. Mr. Sorensen suggested the franchise agreement be acted upon after the ordinance is adopted. Mayor Mackaig declared a recess from 8:11 p.m. to 8:17 p.m. The meeting resumed with all Council Members present. Mayor Mackaig opened the hearing on Zone Change Case No. 178, Factory -Built Housing Overlay Areas. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was roved by Councilman Swearingen, seconded by Councilman Jackman, and so ordered to receive and file the Proof. Mr. Goggin commented on the ordinance adopted by the State Legislature, which contains an option that cities may designate certain areas for factory -built hous- ing. This would not preclude other areas from being added or deleted at a later time. He pointed out the Council can make a decision to designate no areas, or it can take action suggested by the Planning Commission to designate 13 of the 14 areas proposed by staff, which would then be designated areas where factory -built housing can be constructed. Area 14 is located on the east side of the San Gabriel River, and the Planning Commission has recommended it be deleted. Mayor Mackaig inquired if the City Clerk had received any correspondence, and the response was no. There being no one present to speak in favor, Mayor Mackaig asked if there was anyone present to speak in opposition. Mr. Chuck Haus, representing Raphael Homes, commented on the construction of factory -built homes, which he said meet all of Downey's codes and should not be considered mobile homes. He displayed photographs of factory -built homes with shake, shingle or tile roofs, slab foundation, and double car garages. He requested language be considered which would include factory -built homes on infill lot areas. Mr. Dick Westfall, 8445 Byers Street, said there is a vacant lot behind his house which could have four houses constructed on it, and on the north side of Byers Street the homes are valued at over $150,000. He expressed concern this could reduce the value of those homes, and he requested his area be removed as an overlay area. Mr. Robert Powell said he owns two R-1 lots on Sixth Street, and he would like to construct factory -built homes on the lots. Ruth Chicots, residing on Cole Street, mentioned she has two houses on a lot, and she asked that her area not be included for factory -built housing or mobile homes because it could destroy the value of her property. 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. It was moved by Councilman Swearingen and seconded by Councilman Quinn that all areas except Area 14 be accepted. (See amendment to motion.) Councilman Cormack referred to a petition containing 70-80 signatures request- ing Area 12 be excluded. It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by unanimous vote to amend the motion to add Area 12 to the deletion. The original motion as amended was passed by unanimous vote. It was moved by Councilman Cormack, seconded by Councilman Swearingen, and so ordered to direct staff to bring back an ordinance regarding factory -built housing for introduction at the next meeting. Mayor Mackaig opened the hearing on Underground Utility District No. 11, Firestone Boulevard. He inquired if the City Clerk had the Proof of Publication and Affidavit of Mailing of Notices, and the response was yes. It was moved by Councilman Swearingen and seconded by Councilman Quinn to receive and file the Proof and Affidavit. Council Minutes 11/10/81 -3- Mayor Mackaig inquired if the City Clerk had received any written protests or objections, and the response was no. Mayor Mackaig then asked if there was anyone present to speak in protest to the formation of Underground Utility District No. 11. Mr. Bob Kiskadden, 7447 Ciro Street, said he is not against the ordinance but is concerned about the PUC requirement that a property owner must pay a charge from the edge of the right-of-way to the installation of the underground, and he feels installation should involve up to and including the meter. There being no one else to speak, it was moved by Councilman Swearingen, seconded by Councilman Quinn, and so ordered to close the hearing. When asked about sending a request to the PUC concerning the charge for under- ground installation up to and including the meter box, Mr. Sorensen advised it would require substantial change in major legislation, which was initially worked upon through the League of California Cities, and anything to initiate a change should be directed through the League to get cooperative effort throughout the State. Mayor Mackaig then directed staff to write a letter to the City's State Senator and Assemblyman and the League of California Cities. RESOLUTION NO. 4033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING THAT AN UNDERGROUND UTILITY DISTRICT BE FORMED PURSUANT TO RESOLUTION NO. 4021 (DISTRICT NO. 11 - FIRESTONE BOULEVARD) The Resolution was read by title only. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to waive further reading and to adopt Resolution No. 4033. Mayor Mackaig opened the hearing on Lighting District Annexation 81/29 Fire- stone Boulevard. He inquired if the City Clerk had the Affidavit of Posting of Notice and Proof of Publication, and the response was yes. Mayor Mackaig 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 Swearingen, seconded by Councilman Quinn, and so ordered to close the hearing. RESOLUTION NO. 4034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING ANNEXATION OF CERTAIN AREAS TO THE LIGHTING MAINTENANCE DISTRICT AD 121, ZONE II, AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THOSE AREAS (ANNEXATION 81/29 - FIRESTONE BOULEVARD) The Resolution was read by title only. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to waive further reading and to adopt Resolution No. 4034. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-F-2, Resolution authorizing Reduction of Parking Spaces at 11102 Paramount Boulevard, was removed from the Consent Calendar. CONSENT CALENDAR It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Regular Meeting of October 27 1981. Rejection of Legal Claims: Ref. #535 Russell Roach- and Ref. #536 L. C Nlemann. ;ash Contract #487, Rio Hondo Inn Banquet Room Heating and Air ?lans, specifications, and grant authority to advertise for bi (A/C #52-17520). Council Minutes 11/10/81 -4- 600 General Warrants: #194052 - 194233; #208696 - 208741• $1,152,827 55. Downey Lions Club: Christmas Parade Permit Application. RESOLUTION NO. 4035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING FINAL PARCEL MAP NO. 13572 (NORTH SIDE OF NADA STREET EAST OF JULIUS AVENUE) RESOLUTION NO. 4036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACT #U-7963 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR ADDITIONAL POLICE SECURITY PATROL IN THE I-105 FUTURE FREEWAY AREA RESOLUTION NO. 4037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING ZONE VARIANCE N0. 180 (7753 ARNETT STREET) AYES: 5 Council Members: Swearingen, Quinn, Cormack, Jackman, Mackaig Resolution authorizing Reduction of Parkin Spaces (11102 Paramount Boulevard) Councilman Cormack expressed concern about making an exception on parking and then learning later it has created a problem. He feels now is the time to look at it more seriously. It was moved by Councilman Cormack, seconded by Mayor Mackaig, and passed by the following vote to postpone action on the Resolution pending further study. Councilman Jackman inquired if the number of tables and chairs in the restau- rant could be reduced in order to make the parking legal. Mr. Goggin replied that if the seating capacity is reduced the applicant does not want the restaurant. He said in order to convert the business to a restaurant, the applicant is short 18 parking spaces. After 5:00 p.m. parking can be provided by using the car wash property to the north. The serious problem would occur dur- ing the lunch hour. AYES: 4 Council Members: Swearingen, Quinn, Cormack, Jackman NOES: 1 Council Member: Mackaig ORAL COMMUNICATIONS - Items not on Agenda Ms. Jo Boillin, 9712 Aliwin Street, commented regarding a problem concerning a large tree in front of her property in the public right-of-way. She was asked to contact the City Manager. Ms. Boillin also informed the Council of a pothole on True Avenue, which has been repaired several times. Mr. Don Robinson of Robinson Brothers Construction, representing the Persicos concerning the parking waiver at 11102 Paramount Boulevard, said this has been to the Parking Place Commission and Planning Commission and has received full approval. He asked why this is being postponed again and was informed that it will be studied by staff and brought back to the Council next meeting. ORDINANCES ORDINANCE NO. 677 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTION 9150.18(d)(4) WHICH RELATES TO COMPACT AUTOMOBILE PARKING The Ordinance was read by title only. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by the following vote to waive further reading and to adopt Ordinance No. 677. Councilman Cormack expressed concern that the Ordinance will allow the same type parking that has created problems at the Sundance Studio. Council Minutes 11/10/81 -5- Mr. Goggin said every space would be easily accessible. The Ordinance simply increases the ratio from 10 to 25 percent if staff feels it is reasonable. AYES: 5 Council Members: Swearingen, Quinn, Cormack, Jackman, Mackaig ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING CHAPTER 4A TO ARTICLE IV CONSISTING OF SECTIONS 4410 THROUGH 4432, WHICH SAID SECTIONS RELATE TO BINGO GAMES The Ordinance was read by title only. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by the following vote to waive further reading and to introduce the Ordinance. It was moved by Councilman Cormack and seconded by Councilman Jackman to amend the motion to substitute "introduce" for "not introduce" the Ordinance. Councilman Swearingen said the rules and regulations would take care of any problem with bingo. Councilman Jackman stated Downey has maintained what he considers to be a clean city and has not had bingo, which in his opinion is gambling and opens the door for gambling. He commented on the problems the City has had enforcing its ordinances and.said the does not have the personnel to enforce this ordinance. Councilman Jackman mentioned he has received more letters and telephone calls on this particular subject than any other since he has been on the Council, and not one has been in favor of bingo. He is very much against bingo and would continue to vote against the ordinance to legalize bingo in the City of Downey. Councilman Cormack mentioned he also has received letters in opposition but did receive a call today in favor of bingo. This is something that will cost the City money, and the City cannot afford to police the ordinance. The amended motion failed by the following vote of the Council: AYES: 2 Council Members: Cormack, Jackman NOES: 3 Council Members: Swearingen, Quinn, Mackaig Councilman Cormack strongly recommended the Ordinance not be introduced. Both he and Councilman Jackman requested people be allowed to speak to this issue. Cathleen Green, 10927 Casanes, said if the City is opened up to bingo, it will have a problem of control. Sharon Boyston, 11427 Julius Avenue, indicated this raises the questions of whether people need or want bingo; whether it is a form of gambling; or who the victims will be? Bingo is in its infant state, but as it grows it can become a bigger form of gambling. Mr. Don Staley, 9519 LaReina Avenue, commented on his experience helping organ- ize bingo games in other cities for a boy's club and church. He pointed out the State has very strong guidelines on bingo, and the proceeds have to go for charity. Mr. Henry Oberndorf, 9731 East Imperial Highway, discussed the guidelines set forth in the State ordinance governing bingo, wherein the proceeds, less expenses, must be given to charitable causes. Mayor Mackaig asked how many people in the audience are opposed to the bingo ordinance and approximately 20 people stood. He then asked how many people are in favor, and approximately 13 people stood. Roll call vote on introduction of the Ordinance: AYES: 3 Council Members: Swearingen, Quinn, Mackaig NOES: 2 Council Members: Cormack, Jackman RESOLUTIONS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A FEE FOR A BINGO LICENSE The Resolution was read by title only. Council Minutes 11/10/81 -6- y,z Mr. Sorensen suggested the resolution be held until such time as the Ordinance is adopted because it provides for establishing a fee by resolution. RESOLUTION NO. 4038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE ROUTE 105 CENTURY FREEWAY The Resolution was read by title only. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by the following vote to wiave further reading and to adopt Resolution No. 4038. Mayor Mackaig inquired if the original agreement signed by the state which says Downev wou_' be the first to have the houses removed and starting the Freeway, including landscaping, is still included with this agreement. Mr. Eccleston replied this includes the previously negotiated performance agreement with the housing and specific design. AYES: 5 Council Members: Swearingen, Quinn, Cormack, Jackman, Mackaig CASH CONTRACTS It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to award Cash Contract #478, Manzanar Avenue north of Gallatin Road - Street Improvements, in the amount of the unit prices bid for work specified, for a total of $29,558,48, to Crowell and Larsen, the lowest and best bidder (A/C #26-16236). MISCELLANEOUS ACTIONS Authorization for changes to Rio Hondo Country Club Phase III Construction Contract Mr. Neavill discussed a displayed rendering of the golf course for proposed changes to Phase III, most of which he said have to do with the south and west parking lots and involve reconstruction of both lots. A decorative wall will be part of Phase II along Old River School Road, which would prevent lights from reflecting onto the neighbor's properties, as well as provide some additional security. He said the new plan calls for both entry and exit onto Old River School Road rather than Country Club Drive. Protective screening would be provided at the #9 and #2 greens. A cart path with masonry wall will be constructed on the side of the west parking lot. Mr. Neavill stated with these changes, the cost estimate for the improvements is $180,000. A favorable bid has been received on Phase II. The bid documents are scheduled to be prepared for bid by the middle and latter part of this month, with construction to commence after the first of the year. Councilman Swearingen asked if there is a safeguard being built into all of the construction to take care of any errors that develop. Mr. Neavill replied the bid document will provide for deductible so that any items higher than anticipated could be eliminated. Also, change orders can be made. Mr. Donlevy said as to the problem in Phase I relating to the concrete, suffi- cient funds have been withheld from the contract so the problem will be corrected. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to approve the changes as indicated to Rio Hondo Country Club Phase III Construction Contract. Mr. Neavill then commented on an artists rendering of the proposed signing for the Golf Course. The lettering would be in the style of early California. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to approve the Bail Schedule for Downey Municipal Code Violations. During discussion regarding the increase in fees, Mayor Mackaig indicated he feels they should be increased further. Chief Martin said the recommended fees are in line with what is being set in other areas. It is basically a $10.00 across the board increase. AYES: 5 Council Members: Swearingen, Quinn, Cormack, Jackman, Mackaig Council Minutes 11/10/81 -7- A hearing on Appeal to Zone Variance #186, 11744 Adenmoor Avenue, was set for 7:30 p.m., December 8, 1981, in the Council Chamber of the Downey City Hall. CITY MANAGER'S REPORT As requested by the City Manager, it was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to waive the 90-day residence requirement for the City Manager for a reasonable period of time until he can sell his home in Pico Rivera and move to Downey. STAFF REPORTS: None ORAL COMMUNICATIONS - City Council Councilman Quinn requested staff to check into the possibility of the Downey — Community Hospital using the empty beds at Rancho Los Amigos, whereby stroke victims would be treated at the Hospital and rehabilitated at Rancho. He suggested staff speak to a Dr. Bryant. Mr. Donlevy said this will be reviewed, with a report back to the Council. Mayor Mackaig commented on Resolutions he had prepared commending Judge Vincent Dalsimer on his appointment to the Appellate Court, Second District Downtown and endorsing the appointment of Judge Leon Emerson to the Superior Court of the State of California. Councilman Cormack inquired regarding the City's policy on resolutions. He said if there is no policy, he would like staff to bring a report back as to what the policy should be. Mayor Mackaig explained that on occasion resolutions are prepared at the re- quest of an organization in the City, sometimes on short notice, or in honor of a special event. As far as he knows, there is no policy and is at the discretion of the Mayor. Mr. Donlevy said staff will review it and come back with a policy. There being no objections, the following Resolutions were unanimously adopted: RESOLUTION NO. 4031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY COMMENDING VINCENT S. DALSIMER ON HIS APPOINTMENT TO THE COURT OF APPEALS RESOLUTION NO. 4032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ENDORSING LEON EMERSON TOWARD BEING APPOINTED TO THE SUPERIOR COURT OF THE STATE OF CALIFORNIA ORAL COMMUNICATIONS - Audience Mr. Ray Grimes, 7714 Alderdale, requested Council consideration to a State initiative which would place a 5C fee on every recyclable beverage container. He said he has witnessed this type of legislation in the State of Iowa, and it works. Mayor Mackaig said he will poll the Council Members. Jo Boillin discussed her efforts toward the Recycling Program and of a recent problem she had with the rubbish service. :..6 • :RVI f , The meeting was adjourned at 9:48 p.m. to 5:00 p.m., November 17, 1981, in the Council Chamber of the Downey City Hall, for study session on Refuse/Energy Project. Robert L. Shard, City Clerk -Treasurer Milton R. Mackaig, Mayor Council Minutes 11/10/81 Era