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HomeMy WebLinkAboutMinutes-05-25-82-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 25, 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. Hearing on Budget for General Revenues & Closed; action continued to Gen. Rev. Sharing Funds for 1982-83 FY June 7, 1982, 4:00 p.m. 1 Minutes: Reg. Mtg., May 11, 1982 Approved 1 Corres. from Downey High School PTA re Use of City Hall Patio & Employees' Lounge on 6/13/82 for Baccalaureat Ceremony Approved 1 Staff report re Parking at Jack LaLanne facility on Florence Av. Filed 1 Staff report re Citywide Street Sweeping Notices Filed 1 Rejection of Legal Claim: Ref. #559 Approved 1 General Warrants: #209180 - 209199 #303636 - 303763 Approved 1 Traffic Signal Removal - Bellflower Bl. at Dalen St.: Auth removal of inoperative signal equipmt. & inst. & maint. standard safety ltg. & staff review of marked pedestrian crosswalk Approved 1 Addition to Downey Community Hospital Bldg.: Auth. Hospital to construct 11,600 sq. ft. addn. to N/s existing Hospital bldg. (Funding covered by previously committed donations; property not to be encumbered for const.) 2 Community Dev. Block Grant App1. for Fiscal Year 1982-83: Auth. City Mgr. submit Stmt. of Comm. Dev. Objects & Projected Use of Funds & execute all necessary documents Approved 2 Res. #4101, Establishing 2-hr. Parking Restr. 7am-6pm Both sides 3rd St. bet. Paramount & Myrtle Adopted 2 Res. #4102, Auth. Destruction of Certain Records (Finance) Adopted 2 Ord. #698, Amending Zoning Map (Zone Change Case #184)(8117-19 Orange St.) Adopted 2 Res. #4103, Ordering & Calling Notice of Spec. Municipal Election on Nov. 2, 1982, for subm. to Voters of City proposed Amndmt. to Charter & Consolidating election with Statewide General Election Adopted 2 Res. #4104, Req. Bd. Supervisors of County L.A. to Consolidate Spec. Mun. Election of Downey on Nov. 2, 1982, w/General State Election pursuant to Sec. 23302 Elec. Code Adopted 2 Res. #4105, Opposing any Addl. Reduction of State Subventions & Supporting SB 1477 Adopted 3 CC #477 - Demolition of Site Imprvmts., Held to next meeting for further Proposed City Hall Site justification 3 Auxiliary Firemen Program for Fire Academy Graduates on experimental basis, six months Approved 3 Page 1 of 2 COUNCIL MINUTES, MAY 25, 1982 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: PAGE NO. 1982-83 Downey Comm. Hospital Budget: Take off Agenda to next mtg. for further clarification re items 9 & 11 Approved 3 Sign Code Amendment, Sec. 9148.14(g) Hearing set for June 22, 1982 3 Appeal, Zone Variance #207, 8300 Telegraph (Rio Hondo Memorial Hospital) Hearing set for June 22, 1982 3 Appeal, Zone Variance #186, 11744 Adenmoor: reld over to allow applicant- tc file a withdrawal letter Approved 4 Garages on R-1 Property: Planning Comm. recommendation to leave Code Section as is Approved 4 Request for waiver of Theatre Fees from L.D.S. Church for July 4th Event: Approve 5:OOpm performance, deny 7:OOpm performance & waive fees Approved 5 Requests from Downey Jaycees for waiver of permits & fees for July 4th Carnival & Fireworks Show & City grant for $2,000: Deny request for $2,000 & waive permit fees Approved' S Cn. Cormack inq. re status of report on relocating RID Bus Stops from residential to commercial Report to be on next Agenda 5 Cn. Cormack req. RTD be contacted to clean RTD has been contacted; report bus stop areas & keep benches repaired will be brought to Council 5 Cn. Cormack commented re letter on parking at Jack LaLanne facility on Florence — suggesting violators be ticketed or vehicles towed away 5 Cn. Jackman req. report re imprvmts. of Plans & specs nearly completed; Golden Park Recreation Center bldg. will be brought back to Council 6 Cn. Cormack inq. re status of establishing moratorium (per citizen request) on new Being reviewed by City Attorney; arcades & new machines report forthcoming 6 Cn. Mackaig comments re parking at Jack LaLanne facility 6 Closed session re personnel 6 Res. #4106, adopting 1982-83 Management - Supervision Pay Plan w/implementg. documts. Adopted 6 Meeting adjourned to 4:00 p.m., June 7, 1982, for cont'd. hearing & study session on City Budget 6 Meeting adjourned in memory of Katherine Holtzclaw, former City employee 6 Page 2 of 2 6 991/ MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 25, 1982 The City Council of the City of Downey held a regular meeting at 7.30 p.m., May 25, 1982, in the Council Chamber of the Downey City Hall, Mayor Lyell W. Swearingen presiding. PRESENT: Council Members: Lyell W. Swearingen Mayor Robert G. Cormack Theodore H. Jackman '.. Milton R. Mackaig ABSENT: James T. Quinn - Mayor Pro Tern !excused; ALSO PRESENT: John W. Donlevy, City Manager Carl K. Newton, Acting City Attorney Dudley Lang, Assistant City Manager Don Davis, Fire Chief Harald J. Henriksen, City Engineer Francis E. Carter, Assistant City Planner Ronald E. Cano, Assistant to City Manager Monica Montiero, Housing s Human Services Coordinator Jeanne Cook, Deputy City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend Edward Tovmassian, Immanuel Armenian Congregational Church. The Flag Salute was led by Councilman Cormack. HEARINGS Mayor Swearingen opened the hearing to provide an opportunity for the citizens of Downey to present written or oral input on the Budget for General Revenues and General Revenue Sharing Funds for the 1982-83 Fiscal Year. He inquired if the Deputy City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Mackaig, seconded by Councilman Jackman, and so ordered to receive and file the Proof. Mr. Donlevy reported it is estimated approximately $1,610,000 Revenue Sharing Funds will be spent in the 19e2-83 Budget primarily for capital improvement pro- jects, which will also be discussed during the Budget hearings. Before any of the projects go out to bid they will come back for Council authorization. There being no one present to speak, it was moved by Councilman Mackaig, seconded by Councilman Cormack, and so ordered to close the hearing. It was moved by Councilman Cormack, seconded by Councilman Mackaig, and so ordered to continue action on the Budget for General Revenues and General Revenue Sharing Funds to the adjourned meeting of June 7, 1982, at 4:00 p.m. CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to approve the Consent Calendar: Minutes: Regular Meeting of May 11, 1982. Correspondence from Downey High School P.T.A. regarding Use of City Hall Patio and Employees' Lounge on June 13, 1982, for Baccalaureat Ceremony. Staff report regarding Parking at Jack LaLanne facility on Florence Avenue. Staff report regarding Citywide Street Sweeping Notices. Rejection of Legal Claim: Ref. #559, Bertilida Perez, et al. General Warrants: #209180 - 209199; #303636 - 303763. $891,625.52. Traffic Signal Removal - Bellflower Boulevard at Dalen Street. Authorize the removal of inoperative signal equipment and installation and maintenance of standard safety lighting and staff review of the marked pedestrian crosswalk. Council Minutes 5/25/82 -1- 67Q Addition to Downey Community Hospital Building: Authorize the Hospital to construct a 11,600 square foot addition to the north side of the existing Hospital building. (Funding is to be covered by previously committed dona- tions with interim financing being established by the Hospital. The property will not be encumbered for the purpose of construction.) Community Development Block Grant Application for Fiscal Year 1982-83: Authorize the City Manager to submit Statement of Community Development Objectives and Projected Use of Funds and execute all necessary documents. RESOLUTION NO. 4101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A TWO-HOUR PARKING RESTRICTION FROM 7:00 A.M. TO 6:00 P.M. ALONG BOTH SIDES OF THIRD STREET BETWEEM PARAMOUNT BOULEVARD AND MYRTLE STREET RESOLUTION NO. 4102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP DOWNEY AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS (FINANCE) AYES: 4 Council Members: Cormack, Jackman, Mackaig, Swearingen ABSENT: 1 Council Member: Quinn ORDINANCES - Items not on Agenda: None ORDINANCE NO. 698 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. 545, ZONE CHANGE CASE NO. 184) (8117-19 ORANGE STREET) The Ordinance was read by title only. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to waive further reading and to adopt Ordinance No. 698. AYES: 4 Council Members: Cormack, Jackman, Mackaig, Swearingen ABSENT: 1 Council Member: Quinn RESOLUTIONS RESOLUTION NO. 4103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 2, 1982, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY PROPOSED AMENDMENT TO THE CHARTER OF SAID CITY AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by the following vote to waive further reading and to adopt Resolution No. 4103. AYES: 3 Council Members: Cormack, Jackman, Swearingen ABSENT: 1 Council Member: Quinn ABSTAIN: 1 Council Member: Mackaig RESOLUTION NO. 4104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF THE CITY OF DOWNEY TO BE HELD ON NOVEMBER 2, 1982, WITH THE GENERAL STATE ELECTION PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by the following vote to waive further reading and to adopt Resolution No. 4104. Council Minutes 5/25/82 -2- AYES: 3 Council Members: Cormack, Jackman, Swearingen ABSENT: 1 Council Member: Quinn ABSTAIN: 1 Council Member: Mackaig RESOLUTION NO. 4105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING ANY ADDITIONAL REDUCTION OF STATE SUBVENTIONS AND SUPPORTING SB 1477 The Resolution was read by title only. Mr. Donlevy said letters have been received from the League regarding diffi- culty the State Legislature is having in balancing the Budget and that the Legislature is looking to balance the budget with subvention funds rightly due the cities. He feels it is tire fcr 'local governments to go on record as opposing this. Mr. Donlevy hopes the Resolution will be passed and .said a strongly -worded letter will be sent to the City's elected. representatives. It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by the following vote to waive further reading and to adopt Resolution No. 4105. AYES: 4 Council Members: Cormack, Jackman, Mackaig, Swearingen ABSENT: 1 Council Member: Quinn CASH CONTRACTS Cash Contract #477 - Demolition of Site Improvements Proposed City Hall Site Mr. Donlevy said recommended approval of the work which has been satisfactorily completed includes extra work in the amount of $1,929.67. Councilman Cormack is opposed to add-ons to a contract unless they are for extra work requested by the City. Mr. Henriksen explained the plans were changed after the contract was awarded, and the contractor was requested to add a service building on the northerly end of the property and construct a building pad. The service building houses the emergency generator. Councilman Jackman agreed that the extra work should have been brought to the Council for approval and feels in the future any additions to a contract should have Council approval. It was so ordered to hold Cash Contract #477 to the next meeting for further justification of what took place. MISCELLANEOUS ACTIONS Auxiliary Firemen Program for Fire Academy Graduates Mr. Donlevy said there has been an excess of young men graduating from the Academy, and the program will give them a chance to become involved with day-to-day activities. There will be no risk or cost to the City. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to approve the program for Fire Academy Graduates on an experimental basis for a period of six months. AYES: 4 Council Members: Cormack, Jackman, Mackaig, Swearingen ABSENT: 1 Council Member: Quinn Mr. Donlevy stated staff has reviewed the 1982-83 Downey Community Hospital Budget and has further questions on items 9 and 11. It was moved by Councilman Mackaig and so ordered to take the Hospital Budget off the Agenda to the next meeting for further clarification of items 9 and 11. It was moved by Councilman Mackaig and so ordered to set a hearing on Sign Code Amendment, Section 9148.14(g), for 7:30 p.m., June 22, 1982, in the Council Chamber of the Downey City Hall. A hearing on Appeal to Zone Variance #207, 8300 Telegraph Road (Rio Hondo Memorial Hospital), was set for 7:30 p.m., June 22, 1982, in the Council Chamber of the Downey City Hall. Council Minutes 5/25/82 -3- 690 Mr. Carter explained the Appeal to Zone Variance #186, 11744 Adenmoor Avenue, has been heard by the Council and approval given for four units subject to a subdi- vision being filed. However, the applicant has changed the project to three units, which the Planning Commission originally approved. It is his opinion the applicant can withdraw his appeal for the four units and then take advantage of the three units approved by the Commission. Mr. Newton stated the Council can continue this matter and allow the applicant to file a written withdrawal. Once the withdrawal is filed, then this would be removed from the Agenda. It was moved by Councilman Cormack and so ordered to hold over the Appeal to Zone Variance #186 and allow the applicant to file a withdrawal letter. Mr. Carter explained as directed by the Council, the Planning Commission has conducted hearings relative to amendm~nt of the Comprehensive Zoning Ordinance _ Section 9150.06(a)(1) concerning Carages on R-1 Property. The Code allows a single family property to have a four -car garage, and the Planning Commission recommends the ordinance not be changed, inasmuch as a variance procedure is available to any property owner who wishes to go to a larger garage. It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by the following vote to approve the Planning Commission's recommendation. AYES: 3 Council Members: Cormack, Jackman, Swearingen NOES: 1 Council Member. Mackaig ABSENT: 1 Council Member: Quinn Request for Waiver of Theatre Fees from L.D.S. Church for July 4th Event Councilman Cormack said July 4th is on a Sunday, and the program at the Theatre would conflict with parking for the Baptist Church who will be conducting a worship service on the same evening. He then questioned whether the City can afford to waive the fees. Mayor Swearingen also questioned whether this would set a precedent. Councilman Jackman said this would be a patriotic event, not a church event. He indicated that due to a possible conflict of interest because he is a member of the church he will abstain from voting. (See City Attorney's definition regarding _ conflict of interest.) Councilman Mackaig stated for the record that this does not set a precedent. Lois Buchanan, 9651 Guatema�a, Cultural Arts Chairman for the L.D.S. Church, suggested two different times for the performance, 5:00 p.m. and 7:00 p.m., and pointed out the program would be for the community, not just the Church. Also, the 7:00 performance would be early enough to allow people to still attend fireworks displays in the evening. Councilman Cormack mentionec, the 7:00 p.m. performance would create parking problems for the Baptist Church; however, the 5:00 p.m, time would be acceptable. Mrs. Buchanan inquired about the possibility of using the parking facility at the high school. It was moved by Councilman Cormack to approve the 5:00 p.m. performance, to deny the 7:00 p.m, performance, and to not waive the fees. (See amendments) Mr. Donlevy mentioned that without the waiver of fees the L.D.S. Church can rent the Theatre and have two performance, which would not require permission of the Council. He suggested the Council might want to waive the fees for the 5:00 p.m. performance. During discussion regarding parking for the Civic Center, Mr. Donlevy said — staff is looking at the parking very carefully,and particularly during construction so there will be as little inconvenience as possible for the Theatre, the Church, and people utilizing City Hall. This will be watched on a daily basis. Councilman Mackaig seconded the motion. Speaking to the question raised concerning conflict of interest, Mr. Newton advised that unless there are some facts indicating any member of the Council has a financial interest in the outcome of the proposed action, then there is no conflict in terms of the provisions of State Law. Council Minutes 5/25/82 -4- It was moved by Councilman Jackman and seconded by Mayor Swearingen to amend the motion that the fees be waived. Roll call vote on the amendment: AYES: 2 Council Members: Jackman, Swearingen NOES: 2 Council Members. Cormack, Mackaig ABSENT: 1 Council Member: Quinn Mr. Newton said a 2-2 vote is no action --there is no amendment. Again it was noted that without the waiver of fees, the L.D.S. Church can re- quest use of the Theatre through procedure not requiring Council approval. It was then moved by Councilman Cormack, seconded by Mayor Swearingen, and passed by the following vote to xwr nd the the motion to waive the fees with the one performance at 5.00 p.m. AYES: 4 Council Members: Cormack, Jackman, Mackaig, Swearingen ABSENT: 1 Council Member: Quinn Roll call vote on original motion as amended: AYES: 4 Council Members: Cormack, Jackman, Mackaig, Swearingen ABSENT: 1 Council Member: Quinn Mr. Donlevy commented on two requests from the Downey Jaycees for a waiver is and fees for a July 4th Carnival and Fireworks Show and a City grant in t of It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by the following vote to deny the request for $2,000. Mr. Richard Thomas Harn, 12150 Downey Avenue, current President of the Downey Jaycees, said the request for $2,000 is for assistance in putting on a fireworks show for the community, and without the funding it is a good possibility there will not be a show this year. AYES: 4 Council Members: Cormack, Jackman, Mackaig, Swearingen ABSENT: 1 Council Member: Quinn It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by the following vote to waive the permit fees. AYES. 4 Council Members: Cormack, Jackman, Mackaig, Swearingen ABSENT: 1 Council Member: Quinn CITY MANAGER'S REPORT Mr. Donlevy requested a closed session regarding personnel at the end of the Council Meeting. STAFF REPORTS: None ORAL COMMUNICATIONS - Council Members Councilman Cormack inquired regarding the status of a report on relocating RTD Bus Stops in the City from residential to commercial areas. He was informed the report will be on the next Agenda. Councilman Cormack asked that RTD be contacted to clean the bus stop areas and keep the benches repaired. Mr. Donlevy said RTD has been contacted and a written report will be brought to the Council. Councilman Cormack commented on a letter regarding parking at the Jack LaLanne facility on Florence Avenue, wherein it was suggested that the Police Department ticket or arrest violators rather than having them move their vehicles. He concurs that the offenders should be cited. Mr. Donlevy guaranteed Councilman Cormack that tickets have been issued and vehicles towed away. Council Minutes 5/25/82 -5- Councilman Jackman mentioned with regard to Revenue Sharing, approximately two - to -three years ago the Council requested improvements of the Golden Park Recreation Center building. He asked for a report back on the status of this request. Mr. Donlevy replied that at the next Council Meeting or meeting after staff will be bringing plans and specifications to go out to bid for a 10,000 square foot building at Golden Park. This, he said, is a carry-over item from last year's Budget, and the final plans and specifications are nearly completed. Councilman Cormack mentioned at the last meeting there was a request from the audience for the Council to establish a moratorium on new arcades and new machines. He asked if anything has been done in this area. Mr. Donlevy responded he has been contacted by arcade owners and has discussed this with the City Attorney, who has a complete file of all the background. A zeDcrt will be forthcoming t:, the Co n. it within the next 30 days. -- Referring to Parking at the Jack LaLanne facility, Councilman Mackaig concurs that vehicles should be cited or towed away, and he favored having vehicles towed away as a means of getting people's attention. Mr. Donley indicated he personally knows of cases where vehicles were cited and/or towed away. ORAL COMMUNICATIONS - Audience: None CLOSED SESSION Mayor Swearingen recessed the meeting to closed session from 8:45 p.m, to 8:50 p.m. to discuss personnel. The meeting resumed with Council Members Cormack, Jackman, Mackaig, Swearingen present; Council Member Quinn absent. RESOLUTION RESOLUTION NO. 4106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE 1982-83 MANAGEMENT -SUPERVISION PAY PLAN WITH IMPLEMENTING DOCUMENTS The Resolution was read by title only. It was moved by Councilman Jackman, — seconded by Councilman Cormack, and passed by the following vote to waive further reading and to adopt Resolution No. 4106. AYES. 3 Council Members: NOES; 1 Council Member: ABSENT: 1 Council Member: ADJOURNMENT Cormack, Jackman, Swearingen Mackaig Quinn The meeting was adjourned at 8:52 p.m. to 4:00 p.m., June 7, 1982, in the Council Chanter of the Downey City Hall, for continued hearing and study session on the City of Downey Budget for Fiscal Year 1982-83. The meeting was also adjourned in memory of Katherine Holtzclaw, former City e loyee. QL ,.;k � cl�� Je k, Deputy bity Clerk -Treasurer Council Minutes 5/25/82 Q.