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HomeMy WebLinkAboutMinutes-03-09-82-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 9, 1982 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION- Proclamation re Campfire Birthday Week, March 13-20 Presentation of Human Services Award Appeal, Zone Variance #201, 8129 Gardendale St. Denied Res. #4080, Ordering Annexatn. to Ltg. Maint. Dist. AD 121 (Annex. 82/3, Bergman) Adopted Lot Cleaning Program - 1982 Season: Deny any protests & order all work to be per- formed in accord w/City Ord. & State Law Approved Amendments to Community Dev. Block Grant Applications for Fiscal Years 1980-81 & 1981-82; Auth. City Manager to execute all necessary documents & submit amended applications to HUD Approved Minutes: Reg. Mtg., February 23, 1982 Approved Corres. from Downey Obedience Club, Inc., protesting SEAACA use of Nitrogen Chamber Filed Rejection of Legal Claims: Ref. #550 Approved General Warrants: #208997 - 209019 #301813 - 302050 Approved Annual Recognition for Meeting and Conferring for Downey City Employees' Assn.; Teamsters; Downey Firemen's Assn.; & Downey Police Officers' Assn. Approved Continue service of Downey Theatre Assn. Bd. to 6/30/82, w/appointed officers & board members Approved Res. #4078, Commending All American Home Center as Recipient of "Award of Special Distinction" Adopted Res. #4079, Commending Police Captain Joseph R. Guthrie on his Retirement Adopted Ord. #688, Amending Zoning Map adopted by Sec. 9106.06 DMC (Plan. Res. #522, Zone Change #183) (7940 Stewart & Gray Rd.) Adopted Res. #689, Amending Sec. 8246.1 DMC re Swimming Pools Adopted Ord. re Material contained in Publication Removed; to be placed on Agenda Vending Machines of March 23, 1982 Ord. #690, Amending Sec. 4111 DMC re Video Games (emergency) Ord. #691, Declaring Moratorium on Video Games (emergency) Res. 44081, Dedicating City Owned Ppty. on NW Corner Old River School Rd. & Country Club Rd. Introduced & adopted (to be placed on next Agenda for adoption) Introduced & adopted (to be placed on next Agenda for adoption) Adopted PAGE NO. 1 1 1 2 2 2 3 3 3 3 3 3 3 3 3 3 3 3 4 E' Page 1 of 2 COUNCIL MINUTES, MARCH 9, 1982 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: Res. #4082, Requesting Allocation of County Aid to Cities Funds for Maint. of Select System Streets Adopted Res. #4083, Granting Zone Variance #200 (9550 Firestone B1.) Adopted CC #443, Pedestrian Imprvmts. - Various Locations Citywide: Auth. extra work; accept work done & responsibility £/maint. Approved CC #478, Manzanar Av. N/o Gallatin Rd. - Street Imprvmts.: Accept work done & responsibility f/maint. Approved PAGE NO n 0 0 51 CC #473, Rio Hondo Country Club - Phase I: Accept imprvmts.; approve extra work; & responsibility f/maint. Approved 4 Zone Variance #196, 7840 Firestone Bl.: Approve 2-ft. high numerals on front of Motion to approve withdrawn; referred building to staff for DMC change 5 Agreement bet. City & Gibbs & Gibbs, Architects, f/Civic Engineering Work on Civic Center Proj. Approved 5 Operating Agmt. w/Security Pacific Bank for Housing Rehabilitation Programs: Auth. City Manager to execute Approved 5 So. Calif. Edison Co. Appl. #82-02-40 before PUC to recover costs of operating Referred to City Mgr. to draft San Onofre Nuclear Generating Stn. #2 letter & bring back to Council 5 I-105 Century Freeway: $100 expenditure towards Opening Ceremonies in Lynwood Approved 5 Report on status of Civic Center Dev. 5 Cn. Quinn commended Cleveland Wrecking f/progress in demolition of Downey Z Campus 5 Cn. Cormack reported on complaint of hazardous trees @7243 Via Amorita Trees to be removed 5 Cn. Cormack req. Recognition of City's Volunteer Workers Referred to City Manager 6 Cn. Jackman referred to Council's action conveying City's reversionary rights to Downey Comm. Hospital: Requests audit & legal opinion from City Atty. & City Mgr. So ordered 6 Video Game Ordinance: Various speakers protest Ord. & member of Bd. Education thanked Council for its action 6, 7 Closed session re meet & confer process 7 Meeting adjourned in memory of Bonnie Jones and Virginia Black 7 Page 2 of 2 M114UTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 9, 1982 The City Council of the City of Downey held a regular meeting at 7:30 p.m., March 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 F. Martin, Police Chief William A. Goggin, City Planner Harald J. Henriksen, City Engineer Harry Rayson, Building Official Donald Wagner, Assistant to City Manager Monica Montiero, Housing & Human Services Coordinator Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend James Piper, Downey Memorial Christian Church. The Flag Salute was led by Campfire Girls, Rio Hondo Council. PRESENTATIONS Mayor Mackaig presented a Proclamation to Mr, Walt Temple, representing the Campfire Rio Hondo Council, proclaiming the week of March 13-20 as Campfire Birth- daX Week, and commemorating the Campfire's 72nd year of serving youth. Mr. Jim Bristow, from the City Of Commerce, presented a Human Services Award to Mayor Mackaig on behalf of the City of Downey, for the work that has been done in the City by the Iiuman Services Association. He mentioned May 1st the Human Services organization will be opening a congregate meal service at the Rio San Gabriel Park, to provide complete luncheon meals to senior citizens. Mr. Bristow commented on the success and failure of luncheon programs in other areas and introduced Holly Lamken, Board President, and Rex Dye, Executive Director. HEARINGS Mayor Mackaig opened the hearing on Appeal to Zone Variance #201. 8129 Gardendale Street. Ile inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Swearingen, seconded by Councilman Quinn,.,and so ordered to receive and file the Proof, Mr. Goggin reported on the location of the property and the request to estab- lish a one -car carport in lieu of a garage. He said the existing residential structure will be removed except for a non -conforming dilapidated garage, which does not meet City standards at the present time. A new residence will be built, and the request is to construct a one -car carport and take access from Gardendale. Mr. Goggin indicated there are ways to design a house to provide room for a double carport or garage and taking access from the alley, which is considerably safer than backing out onto Gardendale. 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. Violet Caroline, 8129 Gardendale Street, submitted a layout drawing of the proposal for the property and said although the garage is dilapidated on the out- side, it is sound and the exterior will be brought up to date to match the residence if they can get the building permit. She commented on the difficulty in determining the right floor plan because of the size of the lot and thro setback Council Minutes 3/9/82 -1- requirements, plus keeping the costs down. The existing garage would be extended to 20 feet to meet City standards. During the period of planning, carports were allowed; but subsequently, the City has adopted an emergency ordinance on the sub- ject. Ms. Caroline mentioned she has only one car and does not own a recreational vehicle. With the 20-foot setbacks, it has been difficult to design a house, and they cannot build an attached garage in front because it would block the air flow. There being no one else to speak in favor and no one to speak in opposition, it was moved by Councilman Cormack, seconded by Councilman Quinn, and passed by unanimous vote to deny the appeal to Zone Variance #201. Mayor Mackaig opened the hearing on Lighting District Annexation 82/3, Bergman Lane west of Orizaba 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 Swearingen and seconded by Councilman Quinn to re- ceive and file the Affidavit and Proof. 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 and seconded by Councilman Quinn to close the hearing. RESOLUTION NO. 4080 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 82/3 - BERG14M LANE) 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. 4080. Mayor Mackaig opened the hearing on _Lot Cleaning Program - 1982 Season. He inquired if the City Clerk had the Affidavit of Mailing, and the response was yes. It was moved by Councilman Swearingen and seconded by Councilman Quinn to re- ceive and file the Affidavit. There being no one present to speak in protest, it was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to close the hearing. It was moved by Councilman Swearingen, seconded by Councilman Jackman, and passed by unanimous vote to deny any protests and order all work to be performed in accordance with City Ordinance and State Law. Mayor Mackaig opened the hearing on Grant Applications for Fiscal Year City Clerk had the Proof of Publication, is to the Communi and 1981-82. He response was yes. It was moved by Councilman Swearingen and seconded by Councilman Quinn to re- ceive and file the Proof. Mr. Donlevy reported the Community Development Block Grant applications and programs are not new for last year and this year, and the grant entitlement for the two years totals $2,041,000. Ile said the staff report is detailed, and this hearing is for revision of the two-year budget. Mayor Mackaig inquired if the City Clerk had received any correspondence, and the response'was no. There being no one present to speak to the amendments, it was moved by Council- man Swearingen, seconded by Councilman Quinn, and so ordered to close the hearing. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to approve the amended Community Development Block Grant Applications for Fiscal Year 1980 and Fiscal Year 1981. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to authorize the City Manager to execute all necessary documents and subsequently submit amended applications to the U.S. Department of Housing and Urban Development. Council Minutes 3/9/82 -2- (0 �y/ CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by 'the following vote to approve the Consent Calendar: Minutes: Regular Meeting of February 23, 1982. Correspondence from Downey Obedience Club, Inc., protesting SEAACA use of Nitrogen Chamber. Rejection of Legal Claims: Ref. #550, Anita Hoppe and State Farm Insurance. General Warrants: 4208997 - 209019; #301813 - 302050: $1,496,112.65. Annual Recognition for Meeting and Conferrinq for the Downev Citv E=lovees' Continue service of Downey Theatre Association Board to June 30, 1982, with the appointed officers and board members. RESOLUTION NO. 4078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY COMMENDING THE ALL AMERICAN HOME CENTER AS A RECIPIENT OF THE "AWARD OF SPECIAL DISTINCTION" RESOLUTION NO. 4079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY COMMENDING POLICE CAPTAIN JOSEPH R. GUTHRIE ON HIS RETIREMENT AYES: 5 Council Members: Swearingen, Quinn, Cormack, Jackman, Mackaig ORAL COMMUNICATIONS - Items not on Agenda: None ORDINANCES ORDINANCE NO. 688 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 522, ZONE CHANGE CASE NO. 183)(7940 STEWART & GRAY ROAD) 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. 688. ORDINANCE NO. 689 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 8246.1 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, seconded by Councilman Quinn, and passed by unanimous vote to waive further reading and to adopt Ordinance No. 689. Mayor Mackaig recessed the meeting to closed session from 8:02 p.m. to 8:15 p.m. to discuss litigation. The meeting resumed with all Council Members present. The Ordinance pertaining to Material contained in Publication Vending Machines was removed from the Agenda and to be placed on the next Agenda of March 23, 1982. ORDINANCE NO. 690 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 4111 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO VIDEO GAMES (EMERGENCY) The Ordinance was read in its entirety. It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by unanimous vote to introduce and adopt emergency Ordinance No. 690. (The Ordinance will be placed on the next Agenda for adoption, per recommendation of the City Attorney.) Council Minutes 3/9/82 -3- Ozlz ORDINANCE NO. 691 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING A MORATORIUM ON VIDEO GAMES (EMERGENCY) The Ordinance was read in its entirety. It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by unanimous vote to introduce and adopt emergency Ordinance No. 691. (The Ordinance will be placed on the next Agenda for adoption, per recommendation of the City Attorney.) RESOLUTIONS RESOLUTION NO. 4081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DEDICATING CITY OWNED PROPERTY ON THE NORTHWEST CORNER OF OLD RIVER SCHOOL ROAD AND COUNTRY CLUB ROAD - 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 read- ing and to adopt Resolution No. 4081. RESOLUTION NO. 4082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING AN ALLOCATION OF COUNTY AID TO CITIES FUNDS FOR THE MAINTENANCE OF SELECT SYSTEM STREETS 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. 4082. RESOLUTION NO. 4083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING ZONE VARIANCE NO, 200 (9550 FIRESTONE BOULEVARD) The Resolution was read by title only. It was moved by Councilman Quinn, seconded by Councilman Swearingen, and passed by the following vote to waive fur- ther reading and to adopt Resolution No. 4083. AYES: 4 Council Members. Swearingen, Quinn, Cormack, Mackaig NOES: 1 Council Member: Jackman CASH CONTRACTS It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by the following vote to authorize extra work under Cash Contract #443, Pedestrian Improvements - Various Locations Citywide; accept the work done; and accept responsibility for maintenance of the constructed improvements (A/C #27-13917). Councilman Jackman said there is a wide disparity between the final cost and the bid price, and he feels in the future when there is such a disparity that it should be brought to the Council for approval before the work is done. Mr. Henriksen explained situations can occur during a contract, which makes it difficult to go to Council since Council Meetings are held every two weeks. He commented on the extra work done on Washburn Road and Suva Street on this project. AYES. 5 Council Members: Swearingen, Quinn, Cormack, Jackman, Mackaig It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to accept the work done under Cash Contract #478, Manzanar Avenue north of Gallatin Road - Street Improvements, and accept responsibility for maintenance of constructed improvements (A/C #26-16236). It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to accept the improvements constructed under Cash Contract #473, Rio Hondo Country Club - Phase I; approve extra work in the amount of $14,936.49; and accept maintenance responsibility for the improvements constructed (A/C #52-17520). MISCELLANEOUS ACTIONS It was moved by Councilman Swearingen and seconded by Councilman Quinn to approve two -foot high numerals on the front of the building at 7840 Firestone Boulevard, Zone Variance #196. Council Minutes 3/9/82 -4- In responding to questions, Mr. Goggin explained the advantage of the numerals is to identify the building, and the merchants could then use the address on their letterhead, etc. When Councilman Jackman indicated he would be willing to approve an eight square foot unlit sign, Mr. Goggin explained this would be granting a special privilege for one business that is denied to others. He pointed out there has been a request for a sign from the business at the back of the building. Mr. John McDonald, Administrator of the Mullikin Medical Center at 7840 Firestone Boulevard, said the two -foot numerals are not acceptable to them. He requested the Council consider -a variance for a sign on the front of the building because of the lack of visibility if the building is approached from the east. Councilman Cormack concurred that he did have difficulty finding the location while traveling west on Firestone. Councilman Quinn suggested a conditional sign and that if the business moves, then the sign would have to be removed. It was moved by Councilman Jackman to grant a variance for an eight square foot sign on the front of the building, but not a lighted sign. Mr. Donlevy feels the problem is wording of the Code and that staff could go back and review a change in the Code to permit signs for facilities such as this. Mr. McDonald indicated he would be willing to wait for the Code change so that they can have an appropriate sign. Removed from the Agenda and referred to staff. The motion was withdrawn It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to approve the Agreement between the City and Gibbs & Gibbs, Architects, for Civic Engineering work on the Civic Center Project. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to authorize the City Manager to execute the Operating Agreement with Security Pacific Bank for Housing Rehabilitation Programs. Southern California Edison Companv Application #82-0 Utilities Commission to recover costs of Generatinq Station Unit #2 It was moved by Councilman Jackman that the Council go on record objecting to the rate increase. Councilman Cormack suggested recommending the Edison Company discontinue free home inspections and proceed to build the facility so people can have cheaper power The Application of Southern California Edison Company was referred to the City Manager to draft a letter and bring it back to the Council next meeting. It was moved by Councilman Cormack, seconded by Councilman Swearingen, and passed by unanimous vote to approve $100 expenditure towards the Opening Cere- monies of the I-105 Century Freeway to be held in the City of Lynwood. CITY MANAGERS REPORT Mr. Donlevy reported on status of the Civic Center Development, noting yester- day plans and specifications were available to contractors. April 6th at 4:00 p.m. the construction bids will be opened. Following that will be several meetings between the Council and Civic Center Corporation. April 22nd will be the sale of the bonds, and May 13th is the delivery date for receiving the money. June 14th is the date scheduled for commencing construction. Everything is on schedule. Mr. Donlevy requested a closed session regarding the meet and confer process. ORAL COMMUNICATIONS - City Council Councilman Quinn commended Cleveland Wrecking Company for its progress in demolition of the Downey Z Campus. Councilman Cormack reported on a complaint received concerning hazardous trees at 7243 Via Amorita. The tree roots have raised the driveway three inches, and the trees are leaning toward the house. He was informed the trees would be removed. Council Minutes 3/9/82 -5- Councilman Cormack requested recognition of the City's volunteer workers. Referred to the City Manager. Councilman Jackman referred to the Council's action of conveying the City's reversionary rights to the Downey Community Hospital. He said he has cooperated with former Mayor/Councilman Ken Miller in researching this matter, and several questions have been brought to light, which he believes need immediate investiga- gation. First is the question on legality of the action taken by the City Council since the Hospital issue was placed on the ballot and passed by a majority of the voters and whether the City Council can convey to a foundation the reversionary rights in a municipal hospital by merely passing a resolution; or must it go back to the voters? Second, since the Lease Agreement and extention of the Lease Agreement from 10-35 years was done by Ordinance, would not the amendment of that Lease Agreement approved on November 24, 1981, also have to be by ordinance and not by resolution; and when done by ordinance would it not be subject to referendum as stated in the Charter? Also, is the amendment at this time void and would any encumbrance placed on the Hospital property by the foundation be legal? Councilman Jackman then requested the City Manager and City Attorney return either the next meeting or first meeting in April with a written legal opinion answering these questions, and he further requested an audit of all the City's financial involvement in the establishment of the Hospital. Mr. Sorensen indicated he would respond and re-examine his previous determina- tion on this matter. So ordered by the Mayor. Mr. Donlevy mentioned he has discussed this with Councilman Jackman. He and Mr. Sorensen will make attempts to have a report back within 30 days. Councilman Jackman will give the City Clerk a copy of Mr. Miller's report for distribution to the Council. ORAL COMMUNICATIONS - Audience Mr. Doug Halley, 12041 Paramount Boulevard, said he learned of the Video Game Ordinance too late to have proper representation at this meeting. He said the Ordinance is discriminatory against package stores, and he has heard of no prob- lems in the City regarding the video machines. The merchants have invested a sizeable amount of money in the machines, and they police their own business. He feels there should be more input on this and that the Council has adopted an Ordinance which should be challenged. Mr. Gus Callas, 8524 Dacosta, concurred with Mr. Halley and said he did not know about the Video Game Ordinance until he was contacted by the Southeast News asking for his opinion. He commented on the rules he has established in his store for playing the video machines and stated children play the machines to have fun. Mr. Halley suggested a solution of allowing store owners to post signs regard- ing hours children can play the machines. Then if there are future problems, the Council would have good cause to act, Mr. Adolf Barnard, 9063 Florence Avenue, President of Imperial Liquor Stores, said one of his stores is next to a pizza parlor that has video games, and he raised concern that liquor stores are being discriminated against while other businesses are ignored. He stated people have big investments and know how to run their stores efficiently. Mr. Don LaPlant, Vice President of the Board of Education and speaking as an individual, thanked the Council for its prompt action stopping the problem of video machines in the liquor stores and for its concern of children in the community. Mr. Harry Criswell, 8638 Stewart & Gray Road, said he owns a liquor store and has video games, but he has never had a problem. He pointed out he is not per- mitted to sell cigarettes to anyone under 18; however, schools have smoking rooms for the students, and with the exception of some seniors, the students would be under 18. He feels package stores are being unfairly treated, and he pointed out Shakey's has video games, and they serve beer and wine. Mr. Criswell requested clarification of some wording of the Ordinance, and he was asked to contact the City Manager. Mr. LaPlant stated Downey schools do not have smoking rooms, and smoking is not permitted on the campus. Council Minutes 3/9/82 -6- (�9V'5 Mr. Max Weinstein, 9150 Telegraph Road, mentioned he owns a liquor store and pointed out that over 50 percent of the people who play video games in the liquor stores are adults. To take out the machines would be discriminating against tax- paying adults. He suggested minors be restricted from attending liquor stores during school hours. CLOSED SESSION Mayor Mackaig recessed the meeting to closed session from 8:58 p.m, to 9:30 p.m. to discuss the meet and confer process. The meeting resumed with all Council Members present. ADJOURNMENT - 9:30 p.m. The meeting was adjourned in memory of Bonnie Jones and Virginia Black, two long-time and dedicated employees of the City. Robert L. Shand, City Clerk -Treasurer 40nR_��Macka:g<Mayor Council Minutes 3/9/82 -7-