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HomeMy WebLinkAboutMinutes-02-09-82-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 9, 1982 T A B L E O F M I N U T E A C T I O N S SUBJECT: Res. #4068, Ord. Annex to Ltg. Maint. Dist. Annex. 82/1 - Verdura Av. Appeal, Zone Variance #195, 7355 Florence ACTION: Adopted Denied Appeal, Zone Variance #196,-7840 Firestone Ref. to staff Minutes: Reg. Mtg., January 26, 1982 Approved Rejection of Legal Claims: Ref. #544 & #545 Approved General Warrants: #208943 - 208979 4301301 - 301551 Approved Res. #4069, Proposing to Annex to Ltg. Maint. Dist. Annex. 82/2 - Stoakes Av. bet. Gallatin Rd. & Vista Del Rio Dr. Adopted Res. #4070, Apprvg. City Traffic Engr's. Report re Ltg. Dist..Annex. 82/2 Res. #4071, Decl Int. to annex to Ltg. Maint. Dist. - Annex. 82/2 Ord„ #685, amending Ord. #679 re Cable Television Franchise Ord. Apprvg. & Auth. execution of Site Lease & Facility Lease w/Downey Civic Center Corp. to finance const. of Civic Center & imprvmts. to Library Ord.. amending DMC re Residential Automobile Parking SS Proj. #323 (FAU), Old River School Rd. - Imperial to Stewart & Gray: Program Suppl. #11 to Master FAU Agmt.; Plans & specs., & auth. to advertise f/bids contingent on apprvl. from Caltrans & Fed. Hwy. Adm. Adopted Adopted Adopted Introduced Introduced as amended Approved Res. #4072, Apprvg. Program. Suppl. #11 to Downey/State Agmt. #07-5334 for Const. of Street Improvements pursuant to Federal Aid for Urban Systems Act Adopted CC #477, Demolition of Site Imprvmts. at proposed City Hall Site: Award unit price contract to Cleveland Wrecking Co. Approved Extension of Escrow #24659 (Old Fire Station #1, 11435 Downey Av.) to 4/5/82 Approved Req. for hearing on use of Nitrogen Chamber at SE Area Animal Control Authority Referred toSEAACA Modification of Water Line Requirements - 7431 Quill Dr. DART Program: Reduce fee paid for mixed recyclables for period not to exceed 18 mos.; & approve reducing franchise fee required by residential collector (to offset addl. losses to Calsan during 18- mo. period), to be prorated monthly effective 3/1/82 Referred to staff Approved PAGE NO 1 2 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 5 5 Page 1 of 2 COUNCIL MINUTES, FEBRUARY 9, 1982 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: PAGE NO. Downey Theatre Operation & Management: Accept four recommendations Approved 6 Appeal, Zone Variance #200, 9550 Firestone Hearing set for February 23, 1982 6 Zone Change Case #183, 7940 Stewart & Gray Hearing set for February 23, 1982 6 Ord. #669 re protective fencing for swimming pools in apartments &-condos:-' Presented to Council f/reconsideration Referred to staff 6 Elderly & Handicapped Transit Service: Auth. staff to investigate potential for Joint Powers Agmt. & report to Recreation & Comm. Services Comm. & assign to Commission f/study & recommendation back to Council Approved 6 Meeting adjourned in memory of Mr. Chester g Sutton, Principal of Downey Adult Education 7 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 9, 1982 The City Council of the City of Downey held a regular meeting at 7:30 p.m., February 9, 1982, 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 Dudley Lang, Assistant City Manager William A. Ralph, Director of Public Works John T. Neavill, Director of Parks &Recreation William A. Goggin, City Planner Harald J. Henriksen, City Engineer Charles G. Eccleston, Traffic Engineer Harry Payson, Building Official Donald Wagner, Assistant to City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend Joe Grana, First Christian Church, Downey. The Flag Salute was led by Councilman Cormack. PRESENTATIONS: None HEARINGS Mayor Mackaig opened the hearing on Lighting District Annexation 82/1 Verdura Avenue. 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 Jackman, seconded by Councilman Swearingen, and so ordered to receive and file the Affidavit and Proof. There was no one present to speak in protest to the Annexation. Mr. Shand said no written protests or objections have been received. It was moved by Councilman Jackman to close the hearing. RESOLUTION NO. 4068 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 62/1 - VERDURA AVENUE) 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. 4068. Mayor Mackaig opened the hearing on Appeal to Zone Variance No. 195, 7355 Florence Avenue. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to receive and file the Proof. Mayor Mackaig inquired if the City Clerk had received any correspondence, and the response was no. Mayor Mackaig then asked if anyone wished to speak in favor of the appeal. Council Minutes 2/9/82 -1- G9aq Mr. Danny Morovick, 7244 Irwingrove Drive, commented on his original intent to place all new signs on the face of his building, noting he received approval from the City and the signs were installed. However, he said, there was apparently a misunderstanding between the contractor and the City because an additional 2' x 20' sign was placed on the side of the building, which the City has disapproved of. Mr. Morovick indicated the Planning Commission did grant permission to place a 15 sq. ft. sign on the side of the building, but he is requesting 2' x 10', which he said would blend in with the new signs already installed. Mr. Goggin, the City Planner, pointed out the applicant is entitled to a total of 45 sq. ft. sign space, and a corner building has the option of splitting its per- mitted sign area between the front and side of the building. However, he said, the applicant chose to put 40 sq. ft. on the front of the building and without a building permit put a 40 sq. ft. sign on -the sidd'of the building. The Planning Commission did approve a 15 sq. ft. sign on the side, which is 10 sq. ft. over what is permitted by code, but the applicant wants another 5 sq. ft. added, which is inconsistent with the code and the approval granted. There being no one else to speak in favor and no one to speak in opposition, it was moved by Councilman Swearingen, seconded by Councilman Jackman, and so ordered to close the hearing. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by the following vote to sustain the Planning Commission in its decision and deny the appeal. AYES: 4 Council Members: Swearingen, Quinn, Cormack, Jackman NOES: 1 Council Member: Mackaig Mayor Mackaig opened the hearing on Appeal to Zone Variance #196, 7840 Firestone Boulevard. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Jackman to receive and file the Proof. Mr. Goggin commented on the location of the property and the request to have a 48 square foot sign on the front of an "L" shaped building, which has an existing sign on the side of the building. He cited the code requirements for size of sign for each commercial bay of a building and said no permit is granted for an indi- vidual sign on the front of a building but there is the opportunity to have a pole sign identifying the complex. Mayor Mackaig inquired if the City Clerk had received any correspondence, and the response was no. Mayor Mackaig then asked if anyone wished to speak in favor of the appeal. Mr. Bruce Swartz, administrator of the Millikin Medical Center, 17821 South Pioneer Boulevard, Artesia, explained their facility will be a standard family practice, large industrial practice, and an emergency facility. He said there is no visibility for anyone traveling west on Firestone to see the clinic, and he re- quested reconsideration for the sign. When a question was raised regarding whether other businesses in the complex would want an identification sign if this request is granted, an unidentified gentleman standing next to Mr. Swartz explained they have a monument sign which is just large enough to identify the complex, and there is no room to add each tenant. Also, he pointed out the Millikin Medical Center has the first four bays of the "L" shaped building. There was no one else to speak in favor and no one to speak in oppositiou. Responding to questions, Mr. Goggin said the applicant has used 48 out of 60 square feet of sign area. He mentioned as far as staff is concerned, the sign re- quested for the front of the building is a repeat of the sign on the side, but if an "emergency" sign is needed, then it might be possible to work something out. Councilman Quinn would like to see a sign on the front of the building showing there is a medical center. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and so ordered to close the hearing. Councilman Swearingen favored a 12 foot "emergency" sign for the front of the building. Council Minutes 2/9/82 -2- 6?fig It was moved by Councilman Cormack, seconded by Councilman Quinn, and so ordered to refer the Appeal to Zone Variance #196 back to staff. CONSENT CALENDAR It was moved by Councilman Swearingen, seconded by Councilman Quinn, and so ordered to approve the Consent Calendar: Minutes: Regular Meeting of January 26 1982. Rejection of Legal -- and Excell Hampton. Laims: Ref. #544, Leslie Reid; and Ref. #545, Velma General Warrants: #208943 - 208979; #301301 - 301551: $849,850.52. RESOLUTION NO. 4069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROPOSING TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT AD 121 AND ORDERING THE CITY TRAFFIC ENGINEER TO PREPARE AND FILE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (ANNEXATION 82/2 - STOAKES AVENUE BETWEEN GALLATIN ROAD AND VISTA DEL RIO DRIVE) RESOLUTION NO. 4070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE CITY TRAFFIC ENGINEER°S REPORT FOR THE ADDITION TO LIGHTING MAINTENANCE DISTRICT AD 121 OF ANNEXATION 82/2 - STOAKES AVENUE BETWEEN GALLATIN ROAD AND VISTA DEL RIO DRIVE RESOLUTION NO. 4071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY j DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT AD 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES (ANNEXATION 82/2 - STOAKES AVENUE BETWEEN GALLATIN ROAD AND VISTA DEL RIO DRIVE COMMUNICATIONS - Items not on Agenda: None ORDINANCE NO. 685 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ORDINANCE NO. 679 RELATING TO CABLE TELEVISION FRANCHISE The Ordinance 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 Ordinance No. 685. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AND AUTHORIZING THE EXECUTION OF A SITE LEASE AND A FACILITY LEASE WITH CITY OF DOWNEY CIVIC CENTER CORPORATION TO FINANCE THE CONSTRUCTION OF A CIVIC CENTER AND IMPROVEMENTS TO ITS LIBRARY TO HOUSE THE OFFICES AND SERVICES OF THE CITY OF DOWNEY The Ordinance was read by title only. It was moved by Councilman Swearingen, seconded by Councilman Jackman, and passed by the following vote to waive further reading and to introduce the Ordinance. Mr. Donlevy reported on the status of the Civic Center Project and at the same time reviewed what has transpired to date with regard to approval of an agreement with Hometel; retention of an architectural firm; establishing the Civic Center Corporation; and retention of a bond counsel. He said the City Council has received and reviewed the sources of funds to be used to pay the annual debt service payment. Mr. Donlevy then highlighted the updated project schedule, noting that today was the project review meeting. At next Council Meeting, the Council will be requested to Council Minutes 2/9/82 -3- approve the plans and advertising for construction bids for the entire development of City Hall,and the Police and Library buildings, with the bid opening to be on March 25th and the bond sale anticipated for April 1st. The pre -closing and bond closing will be April 22nd, awarding of construction contracts will take place at an adjourned meeting on April 26th, and it is anticipated construction will start on May 25th, with construction to be completed hopefully in May or June of 1983 and occupancy by July 4, 1963. He concluded that everything is on schedule. 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 AMENDING SECTION 9150.06 (a), (1) (2), WHICH RELATES TO RESIDENTIAL AUTO1,1OBIL.E PARKING The Ordinance was read by title only. It was moved by Councilman 'Quinn, seconded by Councilman Cormack, and passed by unanimous vote to waive further read- ing and amend Sections (a) (1)&.(2) by changing the last sentence to read, "Carports shall not be constructed so as to be visible from the street; provided, however, that a carport may be permitted fronting the public right-of-way if approved by the Design Review Board in conformance with the applicable sections of 9162 and in particular Subsection 9162.12." The Ordinance as amended was then introduced by unanimous vote. Mayor Mackaig declared a recess from 8:05 p.m. to 8:12 p.m. The meeting resumed with all Council Members present. RESOLUTIONS: None CASH CONTRACTS By single action (adoption of Resolution No. 4072), the City Council approved the following Agenda items for S.S. Project #323 (FAU) - Old River School Road, from Imperial Highway to Stewart & Gray Road: (1) Program Supplement No. 11 to Master FAD Agreement; (2) Plans and specifications; and (3) Grant authority to advertise for bids contingent upon final approval of plans and specifications and authority to advertise from Caltrans and the Federal Highway Administration. RESOLUTION NO. 4072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. 11 TO THE CITY OF DOWNEY/STATE AGREEMENT NO. 07-5334 FOR THE CONSTRUCTION OF STREET IMPROVEMENTS PURSUANT TO THE FEDERAL AID FOR URBAN SYSTEMS ACT 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. 4072. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by the following vote to award a unit price contract totaling $92,337.50 to Cleveland Wrecking Company of Los Angeles, the lowest and best bidder, under Cash Contract #477, Demolition of Site Improvements at proposed City Hall Site (Account #40-13919) . Councilman Cormack inquired regarding a requested plaque to be removed from the school building and preserved by the Historical Society. He was informed the plaque has been removed, including the bell, and is now at the Parks Department. AYES: 5 Council Members: Swearingen, Quinn, Cormack, Jackman, Mackaig --- MISCELLANEOUS ACTIONS It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to approve Extension of Escrow No. 24659 (Old Fire Station No. 1, 11435 Downey Avenue) to the date of April 5, 1982. Mayor Mackaig said the request for hearing on use of the Nitrogen Chamber at Southeast Area Animal Control Authority will be referred to the animal control staff for report. He pointed the Council has no information on this and can take no action. He suggested that the people requesting the hearing attend the February llth Council Minutes 2/9/82 -4- SEAACA meeting and ask to be placed on the Agenda under Oral Communication. The Council will request a report from the staff at SEAACA. An unidentified speaker from the audience requested people be allowed to speak. She was informed this is not a public hearing. Modification of Water Line Requirements - 7431 Quill Drive Mr. Goggin explained this is a request for modification of the City's water requirements to connect a house to a water line. He said the properties on the north side of Quill take water access through easements of property to the north to Hondo Street, and the property is half way between water lines to the east and west. Mr. Goggin mentioned this was taken into consideration, and the intent of the Plan- ning Commission's approval of the parcel map on the property was to have the house connected according to City standards and permit the property owner to take a water line over to lot one and then go through the existing easement to connect to Hondo. However, he pointed out, the standards of the City Water Department do not make this permissable, and it would take an action of the Council to grant it. Mr. Ralph stated the main line should be extended in front of the house and anything else, in his opinion, would be second rate and cause problems in the future. The code provides that if a water line is extended for a development, the developer will be responsible for a portion of the cost, which in this case would be around $8,000. When asked if there is adequate water in case of fire, Mr. Ralph replied no. He then explained the water master plan shows there will be an eventual exten- sion of the water main all the way over to Old River School Road, which would provide fire hydrants in front of the dwellings rather than having to pick up water from another street. He responded to questions concerning water service for the area. Councilman Cormack asked if there is any way to lessen the cost burden for the property. Mr. Ralph replied the estimate of $8,000 is based on the City doing the work -- if it were to go to contract then the cost would be approximately $12,000-$15,000. Mr. Dick Goering, 7431 Quill Drive, introduced Mr. John Fields and said they are developing the property. He also stated the $8,000 cost is prohibitive and mentioned he was informed by City staff that he could hookup to a water line by obtaining permission for an easement from the adjoining property. Then, when his contractor applied for a permit, he was informed there would have to be a water main. The cost to hookup through the easement would be less than $1,000. Discussion was held regarding water for adequate fire protection. Mr. Fields pointed out the cost for the water main will stop the project. He said the house has been plumbed to take water from the rear. During further discussion, Councilman Cormack indicated he would like to help the property owner with the cost. Mr. Fields suggested they would be willing to go for $1500. Councilman Cormack then requested this be referred to staff. Mr. Fields asked if there is any way this can be worked out with staff and not have to come back to the Council in two weeks. He pointed out the project is nearly completed. Mayor Mackaig replied if it can be worked out, staff can poll the Council. It was moved by Councilman Cormack to approve reducing the fee paid for mixed recyclables on the Dart Program from $17 per ton to $15 per ton for a trial period not to exceed 18 months; and to offset additional losses to Calsan during this 18- month trial period, to approve reducing the franchise fee required by the residential collector from $13,000 to $11,000, to be prorated monthly effective March 1, 1982. Councilman Jackman requested if the price of paper and recyclables goes up in the meantime, staff should raise the price. Mr. Donlevy pointed out staff will be monitoring the program on an ongoing basis, and if significant changes take place it will be brought back to the Council. The motion was seconded by Councilman Jackman and passed by unanimous vote. Council Minutes 2/9/82 -5- 03 i It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by the following vote to accept the following recommendations concerning Downey Theatre Operation and Management: 1. Authorize staff to develop an operating budget for the Theatre for 1982-83 with the intent of assuming direct management control effec- tive July 1, 1982, at which time the existing agreement with Downey Theatre Association will expire. 2. The Downey Theatre Association shall retain its non-profit, corporate status and become an advisory -supportive body to the Recreation and Community Services Commission rather than an administrative -management group. 3. The City Council should, if funds are available, allocate sufficient monies for the basic operation of the Theatre. In addition, con- sideration should be given to providing funds needed to promote programs that would have long-range revenue potential. 4. Subject to approval of the City Council and the availability of funds, staff will recruit a qualified Theatre Manager -Promoter or management group to provide day-to-day supervision of the Theatre and develop a long-range plan for Theatre use that will provide for both local group uses and commercial uses. The function could be secured through contractual arrangements. Mr. Donlevy explained a preliminary budget will be brought to the Council to incorporate the operation of the Theatre into the City, probably in the form of an enterprise fund, to work with the Downey Theatre Association in phasing out its role to an advisory capacity and start recruitment for a manager, which would take approximately a year. He said during the construction part of the Civic Center staff will be doing everything within its means to keep the Theatre going. Councilman Quinn mentioned a gentleman from the La Mirada Theatre has indicated a willingness to work with the City of Downey in obtaining a theatre manager. During discussion, Mr. Donlevy said the details will be brought to the Council during budget review, and Council's approval of the concept and staff taking over will be incorporated into the preliminary budget. AYES: 5 Council Members: Swearingen, Quinn, Cormack, Jackman, Mackaig Mayor Mackaig suggested the Board of Directors of the Downey Theatre Associa- tion, either by resolution or proclamation, be recognized for doing an outstanding job and for their dedication. It was so ordered to set a hearing on Appeal to Zone Variance #200 9550 Firestone Boulevard, for 7:30 p.m., February 23, 1982, in the Council Chamber of the Downey City Hall. It was so ordered to set a hearing on Zone Change Case #183, 7940 Stewart & Gray Road, for 7:30 p.m., February 23, 1982, in the Council Chamber of the Downey City Hall. CITY MANAGER'S REPORT Mr. Donlevy referred to Ordinance No. 669 concerning protective fencing for swimming pools in apartments and condominiums and said the Building & Safety Division has started issuing notices to implement the ordinance, which has resulted in much reaction with more anticipated in the future. He indicated the ordinance is being brought to the Council's attention in case it wishes to reconsider its previous action. Councilman Cormack requested this be referred to staff for consideration and report. Mayor Mackaig commented on the recent Supreme Court decision which says land- lords cannot refuse to rent to people with children. He said apartments with open swimming pools renting to people with children cannot get insurance. Referred to staff. STAFF REPORTS Mr. Donlevy requested staff be authorized to investigate the potential for a joint powers agreement on Elderly and Handicapped Transit Service and report to Couucil Minutes 2/9/82 -6- the Recreation & Community Services Commission, and assign this matter to the Commission for study and recommendation back to the Council. It was so authorized by the Mayor. Councilman Cormack suggested this be looked at with the idea of Downey staying independent. OPAL COMMUNICATIONS - City Council: None ORAL COMMUNICATIONS - Audience Eleanor Lindenfeld, 8846 Manzanar, spoke regarding the agenda item requesting a hearing on use of the nitrogen chamber at SEAACA and said she was informed people would be allowed to speak this evening. Mayor Mackaig explained the Council will not set a hearing until a report has been received from staff --the Council must have some information before it can set a hearing. Mr. Shand said he informed people they may address the chair, but that more than likely the matter would be referred to SEAACA. Councilman Jackman also explained SEAACA operates under a joint powers authority, which is a separate governmental body. Joan Moeller, 10056 Pangborn, said she was informed SEAACA will not place the nitrogen gas chamber item on its agenda. ADJOURNMENT - 8:55 p.m. -The meeting was adjourned in memory of Mr. Chester Sutton, Principal of the Downey Adult Education. Robert L. Sh , sty Clerk -Treasurer ton R. Mackaig, M yor Council Minutes 2/9/82 -7