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HomeMy WebLinkAboutMinutes-04-27-82-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 27, 1982 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: PAGE NO. Resignation of Councilman Mackaig as Mayor Accepted 1 Cn. Lyell W. Swearingen elected as Mayor Approved 1 Cn. James T. Quinn elected as Mayor Pro Tem Approved 2 Mayor Swearingen to present Mayoral Program 2 Presentation to Scott and Faith Temple 2 Appeal, Zone Variance #205, 12072 Smallwood Hearing closed; action postponed to next meeting 3 Introduction of candidates for Council Election on June 8th 3 DIP #711-714, Luxor Av. from Old River School Rd. to Mitla Av.: Approve property owner reimbursement of sidewalk const. at the corners & grant auth. to Dept. Comm. Dev. to advertise for bids Approved 3 Removal of Items from Consent Calendar 3 Minutes: Reg. Mtg., April 13, 1982 Approved 4 Petition from property owners on Conrad St. re Street Improvements Referred to staff for report 4 General Warrants: #209108 - 209145 #303035 - 303291 Approved 4 -- Meralta Square Property - Temporary Parking Lease, New Civic Center: Auth. Mayor to execute lease documents & auth. $500 for posting spaces for permit parking only Approved 4 Excess Property Lease - Public Works Yard: Declare excess for temporary lease purposes for Rockwell International Corp. parking & auth. Mayor to execute lease effec. 5/l/82 Approved 4 Res. #4092, Denying Zone Variance #204 (12021 Downey Av.) Adopted 4 Res. #4093, Designating Alt. Member to Ed. Dir. of County Sanitation Dist. 2 & 18 Adopted 4 Res. #4094, Apprvg. Final Subdiv. Map of Parcel #14717 (10000 Paramount Bl.) Adopted 4 Res. Opposing AB 2660 re Composition of Ed. of So. Coast Air Quality Management Dist. Tabled 4 Downey's Keep America Beautiful Program: Request of Health & Environmental Sanitation Comm. for not.to exceed $200 to send two people to training institute to learn more about program Approved 4 Rosalie Carpenter: comments re Euthanasia method at SEAACA 4 Ord. #694, amending DMC & repealing Ord. Adopted as amended; staff to #690 & 691 re Video Games (emergency) review penalties 6 Res. #4095 re establishment of Permit Fees Adopted; permit to contain condition for Video Games re cleaning premises after closing 6 Page 1 of 2 COUNCIL MINUTES, APRIL 27, 1982 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION PAGE NO. Ord. amending DMC adding Sec. 4135.1 re Issuing Permit for Display or Offer for Sale of Drug Paraphernalia Introduced 6 Ord. #695, amending DMC re Automobile Parking Spaces & Turning Radius Adopted 7 SS Proj. #323 (FAU), 0ld River School Rd. from Imperial to Stewart & Gray: Award to Sully Miller Contracting Co. Approved 7 Jack LaLanne facility - Florence Av.: Referred to staff for possible Parking problem discussed courses of action 7 Golf Professional -Manager services at Rio Hondo Golf Course: Award new contract to Kenneth M. Cherry, Jr. for 1 yr. from 7/l/82 to 6/30/83 Approved 7 Rio Hondo Golf Course Green Fees & Cart Rental Fees: Increase effective 5/15/82 Approved 7 Golf Course Maintenance: Award new 3-yr. contract to Zeke Avila per terms & conds. Approved 7 Zone Change Case #184, 8117-19 Orange St. Hearing set for 5/11/82 7 Request for closure of 2nd St. bet. Police Entrance west to Dolan St. for Approved but not allow serving Southland Italian Cultural Festival 9/25726 of alcohol 8 Amendment to DMC re Speed Limits on Burns & Garfield Aves. Hearing set for 5/11/82 8 Presentation of 1982-83 Municipal Budget Hearing & study session set for 4.00 p.m., 5/18 & 5/20 8 Modify Street Maintenance Yard Facility: Auth. Mayor to enter into contract with Frank Evola & Assoc. Approved 8 Appeal, Zone Variance #206, 8509 Donovan St. Hearing set for 5/25/82 8 Civic Center - Library Addition: Plans & specs & auth. City Mgr. to adv. f/bids Approved 8 Civic Center Bond Sale: Send City Manager to San Francisco for opening of bid bonds Approved 8 Cn. Cormack req. RTD police bus stops on Referred to staff to establish daily basis & keep areas clean requirements 8 Cn. Cormack req. staff advise re forming a corporation f/Trash to Energy Program 8 Cn. Cormack req. placing City Council Election on ballot to have changed back to April 9 Groundbreaking Ceremony of Century Freeway 5/1 in Lynwood 9 Mayor Swearingen req. review of Ord. req. homes enlarged over 50% to construct 2-car garage 9 Mayor Swearingen req. staff report back re institute program of posting streets for street sweeping 9 Meeting adjourned to 4:00 p.m., April 29, 1982, re Civic Center Project 9 Page 2 of 2 9s� MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 27, 1982 The City Council of the City of Downey held a regular meeting at 7:30 p.m., April 27, 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 Ronald W. Leege, Director of Finance William F. Martin, Police Chief Don Davis, Fire Chief William A. Goggin, City Planner Harald J. Henriksen, City Engineer James Jarrett, Recreation Supervisor Ken Stewart, Senior Building Inspector Don 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 Mike Winstead, United Methodist Church. The Flag Salute was led by Councilman Quinn. REORGANIZATION OF CITY COUNCIL Mayor Mackaig said it has been a great pleasure and honor to have presided over the City Council during the past year, and it has enriched his personal knowledge and appreciation of the energy and dedication which a public elected servant must have in order to fulfill his duty. He commented on the accomplish- ments of the City Council during the past year and said the Council has worked together as a team in order to accomplish these goals. To each of the Council Members he offered his gratitude, respect, admiration, and continued friendship. Mayor Mackaig mentioned he is a candidate for the 29th Congressional race, which he considers one of the most important Downey has ever participated in. He then tendered his resignation as Mayor of the City of Downey. It was moved by Councilman Jackman, seconded by Councilman Quinn, and so ordered to accept the resignation of Councilman Milton R. Mackaig as Mayor. Former Mayor Mackaig then declared the office of Mayor open. It was moved by Councilman Quinn and seconded by Councilman Jackman to nominate Councilman Lyell W. Swearingen as Mayor of the City of Downey. It was moved by Councilman Mackaig and seconded by Councilman Jackman that nominations be closed. Roll call vote to elect Councilman Lyell W. Swearingen as Mayor of the City of Downey: AYES: 4 Council Members: Quinn, Cormack, Jackman, Mackaig ABSTAIN: 1 Council Member: Swearingen Mayor Swearingen presented a plaque, certificate and tie tack to Councilman Milton Mackaig for serving the past year as Mayor. Flowers were presented by Mrs. Swearingen to former First Lady Evelyn Mackaig. Mrs. Mackaig presented the First Lady necklace to Mrs. Frances Swearingen. Mayor Swearingen declared the office of Mayor Pro Tempore open. Council Minutes 4/27/82 -I- It was moved by Councilman Cormack and seconded by Councilman Mackaig to nominate Councilman James T. Quinn as Mayor Pro Tempore of the City of Downey. It was moved by Councilman Jackman and seconded by Councilman Mackaig that nominations be closed. Roll call vote to elect Councilman James T. Quinn as Mayor Pro Tempore of the City of Downey. Mayor Swearingen declared a recess from 7:45 p.m. to 7:47 p.m. The meeting resumed with all Council Members present. Mayor Swearingen thanked the Council for electing him as Mayor even though his term of service will be brief. He said he will introduce a specific Mayoral Program to the Council at the next meeting. Mayor Swearingen expressed his in- tention to offer ideas to the City Council toward its active role in the community. He indicated he is proud to have had the opportunity to serve with Councilman Mackaig the past four years. PRESENTATIONS Mr. Don Souza, on behalf of the Downey Sertoma Club, presented a Service To Mankind Award to Scott and Faith Temple, who he said have done a tremendous amount of volunteer work for the City of Downey. He introduced two other Club members, Mr. Dan Ryan, former member of Downey Planning Commission, and Ferice Childers, former Bell Gardens Police Chief. HEARINGS Mayor Swearingen opened the hearing on Appeal to Zone Variance No. 205, 12072 Smallwood Avenue. He inquired if the City Clerk had the Proof of Publica- tion, and the response was yes. It was moved by Councilman Mackaig and seconded by Councilman Jackman to receive and file the Proof. Mr. Goggin said this is a case of an appeal to the Planning Commission's approval of the applicant's request for a 12-foot extension into the front yard. The first people to speak would be those who have appealed --the applicant will be the opposition. The applicant originally applied for a plot plan on March 30, 1981. The interpretation of the Code at that time was that it only required a 20-foot setback. However, since 1978 the Code says that where all properties on a block have a greater setback in a uniform manner, then that becomes the setback, not the 20 feet. A year after the applicant applied for the plot plan, the appli- cant applied for a building permit, which was issued February 4, 1982, based on the original plot plan showing a 20-foot setback was standard for that block. Then it was discovered the setback on the street is 35 feet and the permit was stopped. There was no correspondence received on this matter. Mayor Swearingen asked if anyone wished to speak in favor of the appeal. Mr. Art Knievel, 12066 Smallwood Avenue, the appellant, said he lives next door to the applicant. His appeal is for the neighborhood and the City. If the Zone Variance is allowed then it will set a precedent. He read Section 9140.26 of the Code regarding arbitrary setbacks. Mr. George Templin, 12062 Smallwood Avenue, said the applicant's plans would put his house five feet ahead of the house to the south and 15 feet ahead of the house to the north. He indicated that if the Code had been researched it would have resulted in the applicant not being issued a building permit. Commenting on the reasons for appealing this case, Mr. Templen said zone variances of this nature should not be granted unless they do not have a severe impact on the surrounding neighborhood, and this zone variance does. Dorothy Templin, 12062 Smallwood Avenue, expressed her support of the appeal, pointing out the homes on her block sit back farther than the required 20 feet. She estimated the average setback on the street is close to 34 feet, which she said was one of the attractions when they purchased their home. She urged denial of the zone variance to protect not only the homes in her neighborhood but any similar neighborhoods all over the City. Mr. Manuel J. Samarano, 12122 Smallwood Avenue, favored the appeal and ex- pressed concern regarding uniformity of setbacks on the street. Council Minutes 4/27/82 -2- Mr. Fred Truxa, 12116 Smallwood Avenue, concurred with previous statements. Juanita Larson, 12110 Smallwood Avenue, also concurred with previous speakers and said approval of the variance would leave it open for other residents to request similar changes. She cited the attractiveness of the area because of the setbacks. There being no one else to speak in favor of the appeal, Mayor Swearingen then asked if anyone wished to speak in opposition. Mrs. Marsha Davis, 12072 Smallwood Avenue, the applicant, mentioned her re- quest is to extend the size of her living room, but she is not trying to extend further than anyone else. If allowed to extend the room it will still be 36 feet from the street. The grass and trees in the front yard will remain the same. Mrs. Davis cited the reasons for waiting a year to proceed from the date she first applied for the permit. Mr. Samarano and Mr. Knievel each rebutted comments made by Mrs. Davis. It was moved by Councilman Mackaig, seconded by Councilman Quinn, and so ordered to close the hearing. Councilman Quinn said he inspected the property and it measures 35 feet from the addition to the curb. He feels the addition will enhance the property. Councilman Jackman recalled that when the Council worked diligently on the Comprehensive Zoning Ordinance one of the primary concerns was maintaining neighbor- hoods already established by their precedent. Councilman Mackaig questioned the accuracy of the information submitted by the Planning Department to the Council. He discussed the variation of setbacks for the adjoining properties. Councilman Cormack said the Council must keep in mind the best interests of all of Downey, and he does not feel the Council should grant a variance to correct a mistake made in issuing a building permit. Mayor Swearingen concurred with Councilman Quinn. Councilman Cormack feels at this time it would be wise to postpone action on the variance until the next meeting because emotions are so strong. Also, he would like to discuss this with his Planning Commission appointee. It was then moved by Councilman Cormack, seconded by Councilman Jackman, and passed by the following vote to postpone action on the Appeal to Zone Variance #205 to the next regular meeting. AYES: 4 Council Members: Quinn, Cormack, Jackman, Swearingen NOES: 1 Council Member: Mackaig Mayor Swearingen introduced the following candidates for the Councilmanic Election on June 8th: District 2 - Don Dixon, LaVerne Campbell, and Clifford Thompson; District 4 - Randy Barb. Mayor Swearingen opened the hearing on Luxor Avenue from Old River School Road to Clerk had the Affidavit of Postina of Notic lowney Improvement Project No. 711-714, tla Avenue. He inquired if the City and Mailing, and the response was yes. It was moved by Councilman Jackman and seconded by Councilman Mackaig to re- ceive and file the Affidavit. Mayor Swearingen inquired if the City Clerk had received any written protests or objections, and the response was no. There being no one present to speak in protest, it was moved by Councilman Mackaig, seconded by Councilman Jackman, and so ordered to close the hearing. It was moved by Councilman Cormack, seconded by Councilman Mackaig, and passed by unanimous vote to approve property owner reimbursement of sidewalk construction at the corners, and that the Department of Community Development be granted authority to advertise for bids. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-F-2, Resolution opposing Alteration of Board of South Coast Air Quality Management District, was removed from the Consent Calendar. Council Minutes 4/27/82 -3- CONSENT CALENDAR It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes. Regular Meeting, April 13, 1982. Petition from property owners on Conrad Street regarding Street Improvements. (Referred to staff for report.) General Warrants: #209108 - 209145; #303035 - 303291: $1,163,670.57. Meralta Square Property - Temporary Parking Lease, New Civic Center: Authorize the Mayor to execute lease documents and also authorize expenditure of $500 for purpose of posting lease spaces for permit parking only. Excess Property Lease - Public Works Yard: Declare excess property for temporary lease purposes for Rockwell International Corporation parking, and authorize Mayor to execute Lease Agreement so lease may commence May 1, 1982. RESOLUTION NO. 4092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING ZONE VARIANCE NO. 204 (12021 DOWNEY AVENUE) RESOLUTION NO. 4093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING AN ALTERNATE MEMBER TO THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICTS NUMBERS 2 AND 18 RESOLUTION NO. 4094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NUMBER 14717 (10000 PARAMOUNT BOULEVARD) AYES: 5 Council Members: Quinn, Cormack, Jackman, Mackaig, Swearingen RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING ASSEMBLY BILL 2660 REGARDING COMPOSITION OF THE BOARD OF SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT Councilman Cormack requested the Council vote to either change the resolution or deny it. He said the Council should support the President in eliminating some of the funds for some of the bureaus and save money rather than having one body spend it in place of another. It was moved by Councilman Mackaig and seconded by Councilman Cormack to table the resolution. ORAL COMMUNICATIONS - Items not on Agenda Joan Frey, 7727 Finevale Drive, Chairman of the Citizens Health & Environmental Sanitation Committee, expressed the Committee's interest in having Downey's Keep America Beautiful Program reactivated. She requested, on behalf of the Committee, the Council's approval of $100 for one person or not to exceed $200 for two people to attend a regional training institute in San Diego May 13-14 so that the Committee may learn more and make recommendations to the Council for furthering the Program. Rosalie Carpenter, 8820 Manzanar, addressed the Council regarding the destruc- tion of animals at the Southeast Area Animal Control Facility. She commented on a _ movie shown at SEAACA on the nitrogen chamber vs. injection method of euthanasia. She questioned why the T-61 type of injection would be considered be SEAACA when no other shelter uses it except for San Gabriel. Mayor Swearingen explained it would be impossible for the City Council to take action on this because SEAACA is a joint powers authority over which the City has no control. Referring back to the request of Mrs. Frey concerning Downey's Keep America Beautiful Program, it was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by the following vote to authorize a $200 expenditure from the General Fund for attending a regional training institute -in San Diego. Council Minutes 4/27/62 -4- 6 96; Councilman Jackman requested a report on how the $1500 originally given to the Keep America Beautiful Committee by the City Council has been spent and whether there are any funds left. Mr. Donlevy said a report is being prepared. AYES: 5 Council Members: Quinn, Cormack, Jackman, Mackaig, Swearingen ORDINANCES ORDINANCE NO. 694 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 4111 OF THE DOWNEY MUNICIPAL CODE AND REPEALING ORDINANCES NO. 690 AND 691, WHICH SAID SECTION AND ORDINANCES RELATE TO VIDEO GAMES (EMERGENCY) Mr. Sorensen noted in Subsection C there is a blank requiring an insert of a number of days. It has been suggested "15" be inserted, which means those persons who presently have video machines will have 15 days from the effective date of this ordinance to apply for a permit. The Council concurred with the 15 days. The emergency Ordinance was then read in its entirety by the City Attorney. It was moved by Councilman Mackaig and seconded by Councilman Quinn to adopt the Ordinance. It was moved by Councilman Cormack to amend Subsection A of the Ordinance by deleting the word "under" on line 6 and replace with the word "between." After the word "of" add the words "six and." On the 9th line delete the rest of the sentence after the word "daily." Councilman Jackman indicated he has not had an opportunity to review the Ordinance and will abstain from voting. Chief Martin was asked how he intends to enforce the Ordinance, and he replied it would be primarily on complaint. He views the Ordinance as a tool to use in a problem area but said it would not be a priority item. The motion to amend the Ordinance was seconded by Councilman Mackaig and passed by the following vote: AYES: 3 Council Members: Cormack, Mackaig, Swearingen NOES:, 1 Council Member: Quinn ABSTAIN: 1 Council Member: Jackman Roll call vote on the Ordinance as amended: AYES: 4 Council Members: Quinn, Cormack, Mackaig, Swearingen ABSTAIN: 1 Council Member: Jackman (See later motions to reconsider the Ordinance and then adopt with further amendments.) The Resolution pertaining to Establishment of Permit Fees for Video Games was read by title only. Mr. Donlevy said the recommended permit fee for each video game is $50. Mr. Ed Kelley, 11608 Downey Avenue, stated he has an arcade and objects to the penalties contained in the Ordinance. He commented on the arcade business vs. a liquor store and read a letter received from Dr. Gallegos of the Downey Unified School District, wherein Dr. Gallegos explained the primary concern was for students frequenting liquor stores and using their lunch money to play video games. Mr. Kelley suggested the Council give consideration to preparing an Ordinance to cover arcades because they are a different type of operation than a liquor store. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to reconsider the Ordinance. AYES: 4 Council Members: Quinn, Cormack, Jackman, Swearingen NOES: 1 Council Member: Mackaig It was moved by Councilman Cormack and seconded by Councilman Jackman to send the Ordinance back to staff for consideration of lesser penalties. Council Minutes 4/27/82 -5- 6q('0q The Council discussed having staff study arcades vs. non -arcade businesses. Councilman Jackman pointed out that the Council previously adopted an Ordinance prohibiting the play of video games in liquor stores, which is still in effect. He suggested rescinding that ordinance until this matter is settled. Mr. Sorensen indicated if the Council wants to adopt the Ordinance without the section pertaining to penalties, the Ordinance would still impose the same misde- meanor penalty as any other ordinance in the City. Then, he said, staff.would have the opportunity to work on an amendment pertaining to the permit revocation or surrender provision. Councilman Cormack recommended the Council defeat his motion to refer the Ordinance back to staff. AYES: 0 Council Members: None NOES: 5 Council Members: Quinn, Cormack, Jackman, Mackaig, Swearingen Motion defeated. It was then moved by Councilman Mackaig and seconded by Councilman Cormack to adopt the original Ordinance as presented (see amendment). Councilman Cormack questioned whether the Ordinance can be adopted and still be referred back to staff for review of the penalty section. Mr. Sorensen replied yes, or the Council can amend the Ordinance by deleting Section 2 and have staff come back with a further amendment. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by the following vote to amend the motion by deleting Section 2 of the Ordinance. AYES: 4 Council Members: Quinn, Cormack, Jackman, Swearingen NOES: 1 Council Member: Mackaig Roll call vote on adoption of the Ordinance as amended (the Ordinance includes Councilman Cormack's amendments and deleting Section 2): AYES: 4 Council Members: Quinn, Cormack, Jackman, Swearingen NOES: 1 Council Member: Mackaig Mayor Swearingen declared a recess from 9:25 p.m. to 9:32 p.m. The meeting resumed with all Council Members present. RESOLUTION NO. 4095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGARDING THE ESTABLISHMENT OF PERMIT FEES FOR VIDEO GAMES The Resolution was read by title only. The permit fee for each video game device will be $50. Mr. Donlevy said it will be a one-time fee separate from the business license. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by the following vote to waive further reading and to adopt Resolution No. 4095. Councilman Cormack suggested that arcade businesses or any other business where groups of youngsters congregate should be instructed to clean the premises when the business closes in the evening. Mr. Donlevy said this can be a condition of the permit. AYES: 4 Council Members: Quinn, Cormack, Jackman, Swearingen NOES: 1 Council Member: Mackaig ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE MUNICIPAL CODE BY ADDING SECTION 4135.1 WHICH RELATES TO THE ISSUING OF A PERMIT FOR THE DIS- PLAY OR OFFER FOR SALE OF DRUG PARAPHERNALIA The Ordinance was read by title only. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by the following vote to waive further reading and to introduce the Ordinance. Council Minutes 4/27/82 -6- G 9(�oS Councilman Cormack does not want any drug paraphernalia sold in Downey and does not want to vote for issuing a permit to sell it. Mr. Sorensen said he is not prepared to answer whether the City can totally prohibit drug paraphernalia. The one Ordinance tested and upheld is like Downey's present Ordinance which limits minors from coming into the area. Mr. Donlevy reminded the Council that there is only one establishment in Downey selling paraphernalia, and they expect to be out of that type of business May lst. He feels the best way to control the sale of paraphernalia is by permit. AYES: 3 Council Members: Quinn, Jackman, Swearingen NOES: 2 Council Members: Cormack, Mackaig ORDINANCE NO. 695 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTION 9150.18 (a) (1) (2) WHICH RELATES TO AUTOMOBILE PARKING SPACES AND.T(7RNING RADIUS (CHAPTER 1, ARTICLE I%) The Ordinance was read by title only. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by unanimous vote to waive further read- ing, and to adopt Ordinance No. 695. RESOLUTIONS: None CASH CONTRACTS It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to award S.S. Project #323 (FAU), Old River School Road from Imperial Highway to Stewart & Gray Road, in the amount of the unit prices bid totaling $141,656, to Sully Miller Contracting Company, the lowest and best bidder. MISCELLANEOUS ACTIONS Jack LaLanne facility - Florence Avenue Councilman Cormack commented there is a serious problem with parking at the facility, which is affecting the surrounding residential neighborhoods and nearby churches, as well as being a hazard along Florence Avenue. He said either the owners should control the number of people using the facility or purchase more property and develop it for parking. Mr. Goggin stated according to the current parking standards, the business provides more parking than is required. They provide 112 spaces on the property. He pointed out that if a business is successful they will use more than what is required, while others do not use all of their spaces. Mr. Donlevy mentioned something of this magnitude which concerns the entire Council should have a full staff report. It was so ordered to refer this matter to staff for full report outlining the objectives, alternatives, and possible courses of action. It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed by unanimous vote to award a new contract to Kenneth M. Cherry, Jr., for Golf Professional -Manager services at the Rio Hondo Golf Course for the term of one year from July 1, 1982, to June 30, 1983. It was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by unanimous vote to approve increasing Rio Hondo Golf Course Green Fees and Cart Rental Fees effective May 15, 1982. It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed by unanimous vote to award a new three year contract to Zeke Avila for Golf Course Maintenance per the terms and conditions as specified. It was moved by Councilman Jackman and so ordered to set a hearing on Zone Change Case No. 184, 8117-19 Orange Street, for 7:30 p.m., May 11, 1982, in the Council Chamber of the Downey City Hall. Mr. Donlevy commented on a lice Denartment west to Do . He for closure of Second Street from entrance request is to serve an wine, Council Minutes 4/27/82 -7- 65"D there is a City Ordinance prohibiting the drinking of alcoholic beverages on public property, so that portion of the request should be deleted. It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by unanimous vote to approve the closure of Second Street but not allow the serving of alcohol. It was moved by Councilman Jackman and seconded by Councilman Quinn to set a hearing on Amendment to Downey Municipal Code concerning Speed Limits on Burns and Garfield Avenues for 7:30 p.m., May 11, 1982, in the Council Chamber of the Downey City Hall. Presentation of 1982-83 Municipal Budget Mr. Donlevy suggested public hearings be set for the Budget and expressed hope that during the month of May the Budget can be finalized. Councilman Cormack said the new Council Members will not be privy to the Budget until "after the fact." Both he and Councilman Jackman then concurred with placing a measure on the ballot to see if the voters would be willing to have the Municipal Election changed back to the month of April. Councilman Quinn said he will be out of town May llth. The hearing and study sessions on the Budget were set for 4:00 p.m., May 18 and May 20. Mr. Donlevy reported on proposed plans to modify the Street Maintenance Yard Facility. He said the proposed City Budget contains reorganization of Public Works ane Parks & Recreation, which includes closing the Water Maintenance Yard on Stewart & Gray Road, the Park Maintenance Yard at Apollo Park, and combining them with Street Maintenance at Independence Park. Staff would like to begin with the plans and specifications, and it is recommended Council approve a contract with Frank Evola & Associates in the amount of $22,000 to do the work. It was moved by Councilman Quinn to authorize the Mayor to enter into a contract with Frank Evola & Associates in the amount of $22,000. Councilman Jackman inquired why this does not go out to competitive bid. Mr. Ralph replied it can be done if the Council desires, but he pointer: out there is a problem locating people who are capable of doing the drafting, design, civil engineering and specifications. Also, the price quoted by Frank Evola & Associates is substantially less than what it would be through the bid process. The motion was seconded by Councilman Cormack and passed by unanimous vote. It was moved by Councilman Mackaig to set a hearing on Appeal to Zone Variance No. 206, 8509 Donovan Street, for 7:30 p.m., May 25, 1982, in the Council Chamber of the Downey City Hall. It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed by unanimous vote to approve plans and specifications and authorize the City Manager to advertise for bids on the Civic Center - Library Addition. CITY MANAGER'S REPORT Mr. Donlevy reported a pre -bidding meeting for the Civic Center Bond Sale has- been held and there was a good turnout of prospective brokerage firms attending the meeting. If no objection, he will attend the opening of the bid bonds in San Francisco on Thursday, April 29th, at 10:00 a.m. The City has received a Triple A rating on the bonds. It was moved by Councilman Jackman, seconded by Councilman Cormack, and so ordered to approve sending the City Manager to San Francisco for the opening of the bid bonds. ORAL COMMUNICATIONS - City Council Councilman Quinn commended Councilman Mackaig for doing a fine job serving as Downey's Mayor the past year. Councilman Cormack commended Mayor Swearingen for conducting his first meeting as Mayor with a longer agenda than usual. Council Minutes 4/27/82 -8- 6 F6 9 Councilman Cormack feels the City Council should require RTD to police the bus stops on a daily basis to keep those areas clean. He requested staff to establish some requirements on this. Councilman Cormack also asked staff to advise the Council on how to form a corporation for the Trash to Energy Program. Councilman Cormack suggested serious consideration be given to placing the City Council Election on the ballot to have it changed back to April. Councilman Jackman announced the Groundbreaking Ceremony of the Century Freeway will be Saturday, May 1st, in Lynwood. He would like to see as many people as possi- ble attend. Mayor Swearingen requested a review of the ••� ••�• - ..u> .:__.� c"i U4geu Uy over ov percent of its existing structure to construct a two -car garage. He said it is difficult to buy property and people are upgrading their homes, and he feels the percentage should be increased so people will not be forced to pay additional money to build a two -car garage. He requested staff to prepare a proposed Ordinance for Council review. Mayor Swearingen mentioned he previously expressed concern about street sweeping and that he was informed it would be costly to have signs posted throughout the City. Mr. Donlevy commented it is a common practice in surrounding cities to post street sweeping signs informing people when they can or cannot park. He said this is not too costly and the revenue generated from parking tickets would offset the cost of putting this into operation. Mayor Swearingen requested staff to come back with a report for instituting a program. ORAL COMMUNICATIONS - Audience Mr. Doug Halley, 12041 Paramount Boulevard, speaking on behalf of retail liquor stores, expressed his thanks to the City Council for its openmindedness on the issue of Video Games. ADJOURNMENT The meeting was adjourned at 10:13 p.m. to 4:00 p.m., April 29, 1982, in the Council Chamber of the Downey City Hall, regarding the Civic CenteriyProject. RoBert L. Shan , ty Clerk -Treasurer L e 1 W. Swearingen, Council Minutes 4/27/82 -9-