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HomeMy WebLinkAboutMinutes-08-10-82-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 10, 1982 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Ordinance amending DMC re Parking in Front Yard Setback and Driveways Re -introduced as amended Appeal, Zone Variance #216, NE Corner Lakewood & Gallatin (McDonald's) Denied Removal of Items from Consent Calendar Minutes: Reg. Mtg., July 27, 1982 Approved Rejection of Legal Claims: Ref. #569, #570, & #571 Approved SS Proj. #358 (FAU), Downey Av. - Stewart & Gray to Alameda: Plans, specs, & grant auth. to advertise, subj. to final apprvl. by Caltrans & FHWA; approve proposed acquis. R/w at SE Corner Downey/Cole at appraised value of $1,185 & establish appraisal value as just compensation Approved SS Proj. #366/CC #494 - City Wide Chip & Slurry Seal FY 1982-83: Specs & grant auth. to advertise f/bids Approved General Warrants: #209303 - 209331 #305076 - 305296 Approved Sale of Meadow Park School Site: Accept Rec. & Comm. Serv. Comm. & staff recommenda- tion & auth. City Mgr. to notify DUSD that City will not be pursuing purchase as a park site Approved Res. #4129, Commending William A. Goggin, City Planner, for Outstanding Public Service Adopted CC #504, Tree Trimming @ Various Locations: Specifications & site selection & grant auth. to advertise f/bids Approved CC #450, Wilderness Park: Approve extra work, improvements, & maint. responsibility Approved CC 4479, Rio Hondo Golf Course - Phase II: Accept improvements Approved On. Davila wants to be notified when Council material not available to public or press Ord. #702, amending Zoning Map (Zone Change Case #185) (NE Corner Buckles/Lakewood) Adopted Ord. #703, Imposing Moratorium on Issuance of Bldg. Permits or other Apprvls. for all new Multiple Residential Devs. pending study by Planning Dept, Planning Comm. & City Council of contemplated Zoning Pro- posals to further regulate such uses; & said Ord. to be adopted as Urgency measure, effective immediately Adopted, as amended Res. #4130, Apprvg. Appl. for Grant Funding under Roberti-Z'Berg Urban Open Space & Recreation Program f/Golden Park Community Center Expansion Adopted PAGE NO. 1 3 4 4 4 4 4 4 4 4 5 5 5 5 5 M Page 1 of 3 COUNCIL MINUTES, AUGUST 10, 1982 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: CC r457, Golden Park Community Bldg.: Reject low bid & award contract to Western Commercial Construction CC ,#490A - Proposed City Hall Site, Civic Center Parking, Phase I: Award to Larsen & Leaverenz, Inc. CC n493 - Apollo Neighborhood Center Mods. Downey Chamber of Commerce Agmt: Auth. expenditure of $10,000 now & wait for further justification before auth. the second $10,000 ACTION: Approved Approved Referred back to staff for mod Approved Appeal, Zone Variance #217, 12110 Pomering Hearing set for August 24, 1982 Appeal, CUP n150, 11022 Old River School Rd. Hearing set for August 24, 1982 Closed session re appointments to boards & commissions & personnel City Clerk recommends Civic Center Corp. appointments be ratified by resolution next meeting Accepted Res. #4131, Apprvg. Apptmt. of Joe R. Sarabia to Planning Comm., Dist. 1 Adopted Apptmt. of Mrs. Leslie (Eva) Stoddart to Downey Theatre Assn., Dist. 2 Approved Nominate Lennie L. Whittington to Civic Center Corp., Dist. 2 Failed Apptmt. of Leslie F. Stoddart to Traffic Comm., Dist. 2 Approved Res. 44132, Apprvg. Apptmt. of Noah Marsh to Planning Comm., Dist. 2 Adopted Apptmt. of Arthur L. Wood to Water Facilities Corp., Dist. 2 Approved Apptmt. of John E. Kennedy to Cable TV Comm., Dist. 2 Approved Res. ,u.4133, Apprvg. Apptmt. of Arthur L. Wood to Water Adv. Ed., Dist. 2 Adopted Res. #4134, Apprvg. Apptmt. of Linda Kennedy to Library Ed., Dist. 2 Adopted Res. n4135, Apprvg. Apptmt. of Leslie L. Stoddart to Parking Place Comm., Dist. 2 Adopted Res. n4136, Apprvg. Apptmt. of Joe Ramirez to Recreation & Comm. Serv. Comm., Dist. 2 Adopted Res. ;4137, Apprvg. Apptmt. of Mrs. Jean S. Brazelton to Recreation & Comm. Serv. Comm., Dist. 4 Adopted Res. n4138, Apprvg. Apptmt. of Gerald Lane to Planning Comm., Dist. 4 Adopted Apptmt. of William Hare to Health & Environ- mental Sanitation Comm., Dist. 4 Approved PAGE NO. 6 6 6 7 7 7 7 7 7 7 7 7 7 8 8 8 8 i 8 8 8 8 9 Page 2 of 3 COUNCIL MINUTES, AUGUST 10, 1982 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION• PAGE NO. Nominate Lyell W. Swearingen to Civic Center Corp. (to be ratified by Resol. at next mtg.) - Dist. 5 Approved 9 Appointments retained in Dist. 4 9 Water Facilities Corp. - Mr. Doug Creek, who has resigned for Dist. 4, will be replaced at later date 9 Councilman Davila appointed Mr. Lennie L. Whittington as his personal aide 9 Family Disaster Preparation Contract: Consummate contract w/Ms. Harriet Paine to promote program in City (under $2,000) Approved 9 RTD Bus Stops in Residential Areas - Report 10 Downey Cemetery Dist.: Staff to coordinate meeting w/cities & County to arrive at a maint. agmt. & bring back report 30 days 10 School Crossing Guard Program: Reinstate program to be in effect at sart of school year & staff work w/Auto Club re volunteer program Approved 10 Cn. Cormack suggests Council Members check on their apptmts. to see if they are doing good job 10 Cn. Barb inquires re combining committees 10 Cn. Davila thanked Council & staff for attending his meeting Aug. 5th 10 Mr. Bolschweiler discusses proposed Ord. re parking in front yard setback and driveways 10 Lennie Whittington raises issues re Civic Center Corp; Health & Sanitation Comm. & Keep America Beautiful Comm.; & cites Brown Act 10 Remove Mr. Whittington from Health & Sanitation Comm. Approved 11 Closed session re litigation & personnel 11 Meeting adjourned to 4:00 p.m., August 17, 1982 for closed session re litigation & personnel 11 Page 3 of 3 70�.3 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 10, 1982 The City Council of the City of Downey held a regular meeting at 7:30 p.m., August 10, 1982, in the Council Chamber of the Downey City Hall, Mayor James T. Quinn presiding. PRESENT: Council Members: James. T. Quinn Mayor Robert G. Cormack Mayor Pro Tem Theodore H. Jackman Randall R. Barb Bob Davila ALSO PRESENT: John W. Donlevy, City Manager Carl K. Newton, Acting City Attorney Dudley Lang, Assistant City Manager James R. Jarrett, Director of Recreation Harald J. Henriksen, City Engineer Harry Payson, Building Official Francis E. Carter, Acting City Planner Lt. Bob Williams, Police Department Captain Fred Gallagher, Fire Department Ronald E. Cano, Assistant to City Manager Jim Child, Superintendent of Physical Services Monica Reifman, Housing & Human Services Coordinator Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Councilman Barb. The Flag Salute was led by Councilman Davila. PRESENTATIONS: None 0RDTNANCF. There being no objections, the following Ordinance was moved forward on the Agenda: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTIONS 9104.244, 9110.14 (c), 9150.20 AND 9150.22 (a) AND ADDI- TION OF SECTION 9150.21 AND DELETION OF SECTION 9150.46 OF THE DOWNEY MUNICIPAL CODE (CHAPTER 1, ARTICLE IX) (re Parking in the Front Yard Setback and Driveways) Mr. Newton stated the proposed Ordinance is a means of controlling the parking of any vehicle in that portion of the front yard setback and side yard setback set aside for landscape purposes. Mr. Carter indicated the City Prosecutor's office has received many complaints about vehicles parked on the front lawn, and it is the City Prosecutor's opinion Downey's Code Section referring to prohibition of parking is not clear and needs to be clarified to provide him with better chance of prosecution. The proposed Ordi- nance is worded to give control over all types of vehicles, including recreational vehicles. The Ordinance clarifies temporary parking as 12 hours; RV's can be parked on the driveway if they do not block access to the garage. The Ordinance is an attempt to clear up the front yard areas as suggested by the City Prosecutor, and the proposed Ordinance has been recommended by the Planning Commission. It was moved by Councilman Cormack to amend Section 1, Section 9104.244, by changing "12 hours" to "18 hours in any 24 hour period, except weekends and holi- days." The motion died for lack of a second. It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by unanimous vote to amend Section 1, Section 9104.244, by changing "12 hours" to "24 hours, except weekends and holidays." The balance of the sentence would be deleted. Council Minutes 8/10/82 -1- Tod ,Y The Ordinance was read by title only. It was moved by Councilman Jackman and seconded by Councilman Cormack to waive further reading and to adopt the Ordinance as amended (see later amendment and motion to re -introduce.) For the benefit of people in the audience, Mr. Donlevy explained the Ordinance is not oriented toward recreational vehicles --the wording is necessary to give teeth to the Ordinance and allow the City Prosecutor to suceed in prosecuting cases where people are parking in the front yard. An anonymous speaker requested the Ordinance be changed to omit the word "driveway" and insert the word "lawn." He concurred with removing vehicles from the lawn. Mr. Donald R. Hanson, 12215 Dunrobin, requested an interpretation of exactly what the Ordinance means as to the type of vehicles involved, where they can be parked, the time element, and what the consequences are. Councilman Cormack replied a vehicle in operating condition can park on the driveway in front of the garage --vehicles without an engine cannot. There will be no ,parking allowed in the setback or on the front lawn, but if there is space alongside the house where a vehicle can park without protruding in front, in may be parked on a pad. Mr. Hanson mentioned people may have to park on their front lawns during street sweeping days, if there is no room in the driveway. Mr. Jerry McDonnell, 8518 Manatee Street, pointed out he is not a spokesman for any group but is concerned about introduction of the Ordinance. He questioned how the Ordinance would affect people with multiple vehicles who go on vacation. He has a single car garage ans a single access driveway; plus, he has a boat which he parks in the setback area between his house and his neighbor's. Mr. McDonnell commented further on the proposed prohibition of parking and storage of vehicles, trailers, and RV's in residential areas. Mr. Charles Hoag, 10247 Hopeland, said the proposed Ordinance would force people to either sell their vehicles or pay to store them. There are no storage —, spaces available in Downey, and stored vehicles are subject to vandalism. He pointed out many RV's have two-way communication, which would be helpful to the City in a disaster. He recommended the Ordinance not be adopted. Mr. John Myers, 9924 Dolan Avenue, requested the Ordinance be tabled for 30 days to allow citizens to obtain legal counsel. Mr. Ben Benezette, 7935 Devenir Street, stated the Downey Police recommends when people go on vacation that they leave cars parked in the driveway to signify someone is home to prevent burglary. He suggested the Ordinance be coordinated with the Police Department. Mr. Lennie Whittington, 8542 Manatee, said he pays $40 a month to park his 30 foot bus in a lot with 400 spaces. He has not had any problem with vandalism. Mr. Bill Lehman, 8615 Florence Avenue, concurred with the Ordinance and cited proliferation of parked recreational vehicles on the streets and in setback areas. He said other cities surrounding Downey have taken positive action to control this. Mr. George Newman, 13047 Premiere, recommended the Ordinance be more specific. Mr. Donlevy suggested some wording modifications in the Ordinance: Iu Section 2, delete the word "recreational;" in paragraph (1) delete "propelled recreational" on the first line and on the second line remove "such as motor homes, campers, and vans;" in paragraph (2), first line, remove the word "recreational;" on the second line remove "including trailers and boats;" under Section 4, first paragraph, remove the words "trailers, RV's, etc." It was moved by Councilman Cormack, seconded by Councilman Davila, and passed by the following vote to amend the Ordinance as outlined by the City Manager. Mr. Carter defined front and side yard setback areas. He said the current Ordinance prohibits parking on the front lawn, but the proposed Ordinance will clarify some of the wording. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by unanimous vote to re -introduce the Ordinance, as amended. Council Minutes 8/10/82 -2- gods Mayor Quinn declared a recess from 8:30 p.m. to 8:43 p.m. The meeting resumed with all Council Members present. HEARINGS Mayor Quinn opened the hearing on corner of Lakewood Boulevard and Galla lar meeting of July 27, 1982. He inqu correspondence on this matter. to Zone Variance No. 216, Northeast ., which was continued from the regu- the City Clerk had received any Mr. Shand read letters from the following persons protesting the McDonald's sign on Lakewood and Gallatin: William Sweet Lore Grove Marion Perumean H. F. Truttman Joyce Almas, Almaron Corp. Mr. Carter reported the appeal is on requirements and conditions set forth by the Planning Commission when McDonald's filed a request for monument sign of 30 square feet, a menu board of 32 square feet, a wall sign 16 square feet on the Gallatin Road side, and a wall sign 42 square feet on the Lakewood Boulevard side. The Commission did not approve the 30 square foot monument sign proposed for the landscape setback area of the intersection --approval was for a menu board of 24 square feet, one wall sign 28 square feet on the Gallatin side, and one wall sign 51 square feet on the Lakewood side. The applicant is requesting the 30 square foot monument sign. It is staff's and the Planning Commission's opinion the signs on Gallatin and Lakewood are easily visible to both northbound and southbound traffic. McDonald's proposes a 3-4 foot high landscaped berm above sidewalk level on which the monument sign would be located. Mr. Bill Ortman, 10009 Suva, said he is opposed to the appeal. He was informed that those wishing to speak in favor will be heard first. Mayor Quinn then inquired if anyone wished to speak in favor of the appeal. Mr. Dick Fluttz, 11447 Samoline, said he will be the owner -operator of the McDonald's franchise at Lakewood and Gallatin, and he distributed for the Council's perusal a colored rendering and blue print of a new proposed monument sign three feet high. He requested the sign for easy visibility to motorists. Councilman Davila questioned the required distance between McDonald's restau- rants, noting the McDonald's located at Lakewood and Florence. Mr. Fluttz replied three or four miles. During discussion Mr. Carter mentioned that in the C-2 zones monument signs are not a permitted sign. Mr. Fluttz cited other businesses in the City that have pole signs, as well as monument and wall signs. Mr. Mark Hale, advisor to the McDonald's franchise, mentioned the McDonald's at Florence and Lakewood opted not to join the McDonald's system and that its original agreement was made prior to the company being formed. He emphasized that since concern was expressed at the Planning Commission hearing regarding a six foot sign on a three foot berm, the appeal is based on a reduced sign of three feet. A discussion was held regarding a suggestion of reducing the size of the wall signs if the monument sign is permitted and whether the business is a restaurant or drive-in. Mr. Carter said the square footage allowed for the business is predicated on a restaurant. He pointed out the City has an obligation to the other occupants on the commercial property, noting McDonald's is located on the corner where everyone can see it. There being no one else to speak in favor, Mayor Quinn asked if anyone wished to speak in opposition. Mr. Mike Manicone, 10400 Gaybrook, commented on the time spent by the Council in reviewing and approving the Sign Ordinance and said when the applicants took out the permit they knew exactly what to exepct and what the sign ordinances are. He does not feel the Council should make any exceptions to the Sign Ordinance. Council Minutes 8/10/82 -3- 7od6 Mr. Gary Almas, 9459 Raviller Drive, cited the amount of traffic at the subject location and said with McDonald's being a high volume business it will create more traffic. He objects to the proposed sign. Mr. Glenn Johnson, 9245 True Avenue, feels people are familiar with McDonald's through its advertising campaigns and people will become accustomed to its new loca- tion. He also feels the ordinance on signs should be adhered to. There being no one else to speak, it was moved by Councilman Davila, seconded by Councilman Cormack, and passed by unanimous vote to close the hearing. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by unanimous vote to deny the appeal to•Zone Variance No. 216. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Items VIII-C-3, Cash Contract #504; VIII-C-4, Cash Contract #450; and VIII-C-S, Cash Contract #479, were removed from the Consent Calendar. CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by the following vote to approve the balance of the Consent Calendar: Minutes: Regular Meeting of July 27, 1982. Rejection of Le, Nunez: and R H. Dolezal; Ref S.S. Project #358 (FAU), Downey Avenue - Stewart & Gray Road to Alameda Street: Approve plans and specifications and grant authority to advertise, subject to final approval of plans and specifications by Caltrans and authority to adver- tise by FHWA; and approve the proposed acquisition of right-of-way at the southeast corner of Downey Avenue and Cole Street at the appraised value of $1,185.00, and establish the appraisal value as just compensation (Account #26-16240). Contract #494 - Ci Fiscal Year 1982-83; Approve specifications and grant for bids (Account #26-16248 and #21-13980). ry Seal for ty to advertise General Warrants: #209303 - 209331; #305076 - 305296: $2,546,486.26. Sale of Meadow Park School Site: Accept the Recreation & Community Services Commission and Staff recommendation and authorize the City Manager to notify the Downey Unified School District that the City will not be pursuing the purchase of Meadow Park School as a park site. RESOLUTION NO. 4129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY COMMENDING WILLIAM A. GOGGIN, CITY PLANNER, FOR OUT- STANDING PUBLIC SERVICE AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn Cash Contract #504, Tree Trimming at Various Locations Councilman Davila noted an area on Paramount Boulevard between Melva and Quill, which he said has brush, trees, and no sidewalks, and anyone walking at that loca- tion has to walk in the street, which is a safety hazard. Councilman Jackman referred to the listing of 40 Jacaranda trees on the 8500 block of Puritan and said there are no trees on that block. Mr. Donlevy explained all of the locations listed are from a waiting list, but it is possible the block number on Puritan is a typographical error, and it will be checked out. It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by unanimous vote to approve specifications and site selection and grant authority to advertise for bids on Cash Contract #504. Councilman Barb indicated his comments will pertain more to.Cash Contract #479 than #450, and he would concur with the approval of Cash Contract #450. Council Minutes 8/10/82 -4- It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by unanimous vote to approve extra work in the amount of $4,417.90, accept the improvements; and accept maintenance responsibility for the improvements construc- ted on Cash Contract #450, Wilderness Park (Account #27-17119). Cash Contract #479, Rio Hondo Golf Course - Phase II Councilman Barb asked if the final cost for construction is the exact amount originally approved when the contract was granted. He was informed there was a change order on the contract, which was approved by the Council. It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by unanimous vote to accept the improvements constructed under Cash Contract #479, at a total cost of $166,608.51, and accept maintenance responsibility for the improvements constructed (Account #52-17520). ORAL COMMUNICATIONS - Items not on Agenda Councilman Davila referred to the Agenda item concerning Appointments to Boards and Commissions and said the material was not available to the public or press at the time the Council packets were released, nor was it available follow- ing release of the packets. He requested in the future that he be advised of any item to be withheld from the press or public. ORDINANCES ORDINANCE No. 702 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. 567, ZONE CHANGE CASE NO. 185) (NORTHEAST CORNER BUCKLES STREET AND LAKEWOOD BOULEVARD) 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. 702. ORDINANCE NO. 703 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY IMPOSING A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS OR OTHER APPROVALS FOR ALL NEW MULTIPLE RESIDENTIAL DEVELOPMENTS PENDING STUDY BY THE PLANNING DEPARTMENT, PLANNING COMMISSION AND CITY COUNCIL OF CONTEMPLATED ZONING PROPOSALS WHICH WOULD FURTHER REGULATE SUCH USES; SAID ORDINANCE TO BE ADOPTED AS AN URGENCY MEASURE TO BECOME EFFECTIVE IMMEDIATELY The Ordinance was read in its entirety. It was moved by Councilman Cormack and seconded by Councilman Barb to adopt the Ordinance (see amendment). Councilman Cormack feels the Council should conduct a hearing on this matter as soon as possible to allow the citizens to decide which portions of the City will be for R-1 or high density. He further stated when he requested the ordinance he meant for it to include new residential condominiums, not office condominiums. He feels it is time to conduct a comprehensive study to define these areas so that people will know what Downey will look like in the future. Councilman Barb said his main concern is that the City's population be main- tained as stable as possible. His secondary concern is the problem of parking and traffic congestion. It was not his intention when voting to consider the Ordinance to restrict the building of owner -occupied units. He would like the Ordinance to be passed with the understanding the General Plan will be updated, hopefully in the next six months. It was moved by Councilman Barb, seconded by Mayor Quinn, and passed by the following vote to remove from the Ordinance R-2 property and the building of code - approved condominiums. During discussion, Councilman Cormack inquired how long it will take staff to outline the areas. Mr. Donlevy said staff will come back to the Council with an outline of a suggested action, time frame, etc. Council Minutes 8/10/82 -5- ?oa f" In Section 1, third line, "and condominiums" was deleted; in Section 3, second line, an "s" was added to "condominium;" and the word "conversions" was deleted. The amendment was passed by unanimous vote. It was then moved by Councilman Davila, seconded by Councilman Jackman, and passed by the following vote to adopt Ordinance No. 703 as amended. Mr. Darwin Karchner, 8337 Cole Street, commented on a project he is working on that will possibly be condominiums. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn RESOLUTIONS RESOLUTION NO. 4130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPLICATION FOR GRANT FUNDING UNDER THE ROBERTI-Z°BERG URBAN OPEN SPACE AND RECREATION PROGRAM FOR GOLDEN PARK COMMUNITY CENTER EXPANSION The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by uanimous vote to waive further reading and to adopt Resolution No. 4130. CASH CONTRACTS It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by the following vote to reject the bid from the low bidder on Cash Contract #457, Golden Park Community Building, and award a contract in the amount of $299,222 to Western Commercial Construction (Account #21-17137 and #27-17137). Councilman Barb questioned the $10,000 contingency amount included in the total estimated project cost. Mr. Henriksen replied that in any renovation or rehabilitation project there are a number of unknowns, and adding a contingency amount is a safeguard. Mr. Donlevy explained that before spending any portion of the contingency, staff will come back to the Council for approval. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by unanimous vote to award a unit price contract totaling $28,919.47 to Larsen and Leaverenz, Incorporated, of Monrovia, for construction of Civic Center Parking, Phase I, under Cash Contract #490A - Proposed City Hall Site (Account #40-13919). Cash Contract #493 - Apollo Neighborhood Center Modifications Mr. Donlevy indicated staff would like to see the project go forward, but if it is the Council°s desire it can reject the bids and authorize staff to come back with an alternate course of action. Councilman Barb suggested the possibility of City workers doing the painting and installing carpeting and portable air conditioners and using the balance of funds to build an additional building for a recreational facility at an anticipated cost of approximately $35 a square foot. He said he checked into the possibility of holding this matter for two weeks, and it is his understanding it can be done with the contractor still staying with his bid. Councilman Jackman requested a breakdown of the anticipated income derived from renting out the rooms, and he expressed concern that the boxing ring has been taken out of the Apollo Center and put in storage. He requested consideration be given to putting the boxingprogram back into operation because it is of immense value to the community. It was moved by Councilman Cormack and seconded by Councilman Davila to send the project back to staff for modification. Mr. Manicone expressed concern that the Community Center not be torn down until the Apollo Center improvements are completed. Brenda Kelly, 7728 Allengrove, thanked the Council for the physical fitness programs through the Recreation Department. She commented on the benefit show Council Minutes 8/10/82 -6- 7002_q being conducted to raise research funds for the American Cancer Society, and she expressed hope that the physical fitness programs in the City can be continued. The motion was so ordered. Downey Chamber of Commerce Agreement It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by the following vote to authorize expenditure of $10,000 now and wait for further justification before authorizing the expenditure of the second $10,000. Councilman Jackman indicated he has met with members of the Chamber and dis- cussed the City's contribution. He suggested the Chamber use its manpower to form ideas on how to promote the City and increase the Sales Tax Revenue, which is one of the City's chief sources of income. Councilman Davila requested a copy of the Chamber's report showing what it has been doing for the community. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn It was moved by Councilman Jackman, seconded by Councilman Barb, and so ordered to set a hearing on Appeal to Zone Variance No. 217, 12110 Pomering Road, for 7:30 p.m., August 24, 1982, in the Council Chamber of the Downey City Hall. it was moved by Councilman Jackman, seconded by Councilman Barb, and so ordered to set a hearing on Appeal to Conditional Use Permit No. 150, 11022 Old River School Road, for 7:30 p.m., August 24, 1982, in the Council Chamber of the Downey City Hall. Mayor Quinn recessed the meeting to closed session from 10:15 p.m. to 10:20 p.m. to discuss appointments to boards and commissions and personnel. The meeting resumed with all Council Members present. Appointments to Boards and Commissions Mr. Shand explained as Assistant Secretary of the Civic Center Corporation, he has conducted a more detailed study regarding appointments to the Corporation. It is recommended the appointments be submitted for approval with the understanding a ratifying resolution will be submitted at the next meeting. It was moved by Councilman Davila to accept the recommendation. RESOLUTION NO. 4131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF JOE R. SARABIA AS A MEMBER OF THE PLANNING COMMISSION OF COUNCILMANIC DISTRICT ONE The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by unanimous vote to waive further reading and to adopt Resolution No. 4131. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by unanimous vote to approve the appointment of Mrs. Leslie (Eva) Stoddart to the Downey Theatre Association for Councilmanic District Two. It was moved by Councilman Davila and seconded by Councilman Jackman to nominate Lennie L. Whittington to the Civic Center Corporation for Councilmanic District Two. AYES: 2 Council Members: Jackman, Davila NOES: 3 Council Members: Cormack, Barb, Quinn Failed. It was moved by Councilman Jackman, seconded by Councilman Davila, and passed by unanimous vote to approve the appointment of Leslie F. Stoddart to the Traffic Committee for Councilmanic District Two. RESOLUTION NO. 4132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF NOAH MARSH AS A MEMBER OF THE PLANNING COMMISSION FOR COUNCILMANIC DISTRICT TWO Council Minutes 8/10/82 -7- 76.0 The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Davila, and passed by unanimous vote to waive further read- ing and to adopt Resolution No. 4132. It was moved by Councilman Jackman, seconded by Councilman Davila, and passed by unanimous vote to approve the appointment of Arthur L. Wood to the Water Facilities Corporation for Councilmanic District Two_ It was moved by Councilman Jackman, seconded by Councilman Davila, and passed by unanimous vote to approve the appointment of John E. Kennedy to the Cable TV Committee for Councilmanic District Two. RESOLUTION NO. 4133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF ARTHUR L. WOOD AS A MEMBER OF THE WATER ADVISORY BOARD FOR COUNCILMANIC DISTRICT TWO The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Davila, and passed by unanimous vote to waive further read- ing and to adopt Resolution No. 4133. RESOLUTION NO. 4134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF LINDA KENNEDY AS A MEMBER OF THE LIBRARY BOARD FOR COUNCILMANIC DISTRICT TWO The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Davila, and passed by unanimous vote to waive further read- ing and to adopt Resolution No. 4134. RESOLUTION NO. 4135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF LESLIE F. STODDART AS A MEMBER OF THE PARKING PLACE COMMISSION FOR COUNCILMANIC DISTRICT TWO The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Davila, and passed by unanimous vote to waive further read- ing and to adopt Resolution No. 4135. RESOLUTION NO. 4136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF JOE RAMIREZ AS A MEMBER OF THE RECREATION AND COMMUNITY SERVICES COMMISSION FOR COUNCILMANIC DISTRICT TWO The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Davila, and passed by unanimous vote to waive further read- ing and to adopt Resolution No. 4136. RESOLUTION NO. 4137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MRS. JEAN S. BRAZELTON AS A MEMBER OF THE RECREATION AND COMMUNITY SERVICES COMMIS- SION FOR COUNCILMANIC DISTRICT FOUR The Resolution 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 Resolution No. 4137. RESOLUTION NO. 4138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF GERALD LANE AS A MEMBER OF THE PLANNING COMMISSION FOR COUNCILMANIC DISTRICT FOUR The Resolution 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 Resolution No. 4138. Council Minutes 8/10/82 -8- qo3( It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by unanimous vote to approve the appointment of William Hare to the Health & Environmental Sanitation Committee for Councilmanic District Four. It was moved by Councilman Cormack, seconded by Councilman Davila, and passed by unanimous vote to nominate Lyell W. Swearingen to the Civic Center Corporation for Councilmanic District Five. (Said appointment will be ratified by resolution at the next meeting.) The following appointments will be retained in Councilmanic District Four: Willis R. Hanes - Building Appeals Board. Paul Lambros - Cable TV Committee. Leslie R. Keays and Ned Young - Disaster Plans Advisory Committee. Merle F. Morris - Downey Civic Center Corporation (for the present time). C. Larry Hoag - Hospital Authority. Mrs. Betty Logan - Library Advisory Board (for the present time). Richard Ziegler - Golf Course Authority. Harry Taormina - Parking Place Commission (for the present time). Joseph E. Di Loreto - Personnel Advisory Board. Jerry Stumpf - Traffic Committee (for the present time). Irving E. Rosen - Water Advisory Board. Mr. Doug Creek, who has resigned from the Water Facilities Corporation for Councilmanic District Four, will be replaced at a later date. Councilman Davila appointed Mr. Lennie L. Whittington as his personal aide, to have access to all departments and information that he is available to, except for information of a confidential nature. Clarifying his position, he complimented Mr. Whittington as a good worker who, he said, will be a continuous asset to the City. Councilman Cormack questioned the action, pointing out that if a Councilman takes on the responsibility of that position, he should do his own research. He said the Council should think about what is best for the City. Councilman Davila wants to be able to have information from different avenues and input. Councilman Jackman concurred with Councilman Davila's right to appoint whoever he wants to help him in carrying out his position on the Council. Councilman Barb does not feel anyone should be allowed to have the same ability to work within the City departments that a Council Member has. Councilman Davila wants to represent the people to the best of his ability and to have all possible information. He reiterated that he does not want to have in- formation withheld from the people or the press. Responding to a request for clarification of what an aide would be able to do, Mr. Newton said there is no provision in the City Charter or any City ordinance for an aide to a Councilman, but that does not mean a Council Member cannot call upon an individual to assist him in any matter he choses. He noted that many Councilmen obtain input from many sources in a City to assist in performing duties, but there is no official status that an aide would have than any other citizen. CITY MANAGER'S REPORT Family Disaster Preparation Contract Mr. Donlevy said concern has been expressed regarding whether the City's Disaster Preparedness Program should be updated. It is recommended Ms. Paine be provided the opportunity to promote family disaster preparedness in the City for a nominal fee of $2,000. Councilman Jackman concurred with the program and asked where the present portable hospital is located. He was informed it is stored at Water Department property on Dolan Avenue south of Iowa Street. Mr. Donlevy indicated staff will be working to upgrade the program and coordinate with Area E. It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by unanimous vote to approve consummating a contract with Ms. Harriet Paine to perform and promote Family Disaster Preparedness among families in the City of Downey. (it is estimated the maximum cost to the City will be under $2,000.) Council Minutes 8/10/82 -9- 70,3Z STAFF REPORTS It was noted the report on R_TD Bus Stops in Residential Areas indicates there are ten locations in the City. However, after the report was prepared another location was discovered on the corner of Studebaker Road and Cecilia Street. Councilman Barb briefly discussed some of the bus stops he viewed in the City. Mr. Donlevy said staff attended the public meeting held by the Downey Cemetery District, and he noted for the last several years the District has been dipping into its reserve. He questioned to what extent the Council may want to get in- volved in this matter. The annual income is approximately $20,000 to do a mediocre job, and it is estimated it would cost approximately $35,000 a year to do a better job. Mr. Donlevy suggested one possibility might be to contact the various cities involved --Bellflower, Paramount, South Gate, and the County, to see if they would participate in a joint maintenance effort. The other alternative is to do nothing. Upon the Council's concurrence, Mr. Donlevy indicated staff will coordinate a meeting with the cities, the County and the District to come to an agreement for maintaining the cemetery at the same level of service and will try to bring back a report in 30 days. Mr. Donlevy said the Council previously approved his recommendation of not funding the School Crossing Guard Program, although he does not feel anyone would not want to see the program in effect at the start of the school year. He suggested possibly the City could administer the program and also consider a volunteer pro- gram through the Automobile Club. Following discussion, it was moved by Councilman Jackman, seconded by Council- man Barb, and passed by unanimous vote to reinstate the School Crossing Guard Program to be in effect at the start of the school year, and that staff work with the Automobile Club on the possibility of a volunteer program. ORAL COMMUNICATIONS - City Council Speaking to Council Appointments, Councilman Cormack suggested each Council Member look at his appointments to see what kind of a job they are doing and counsel them if they are not. Councilman Barb mentioned he has attended most of the board, commission and committee meetings in the last couple of months, noting they were formed to provide citizen input. Also, he pointed out staff is shorter in number than it used to be, and he commented on the necessity for some staff members, such as the City Planner, to attend many meetings. He asked if in some instances any of the committees can be combined. Mr. Donlevy replied most are spelled out in the Charter or have has a long standing history and tradition in the community. He added that staff does not mind attending the meetings. Councilman Davila extended his appreciation to the Council Members, Mr. Donlevy and Mr. Lang for attending his meeting on August 5th. ORAL COMMUNICATIONS - Audience Mr. Allen Bolschweiler, 12311 Blodgett Avenue, referred to the Ordinance con- cerning Parking in the Front Yard Setback and Driveways and said while he has neighbors who park on their lawns, he does concede they have property rights, and he asked the City Attorney whether it is possible when neighbors band together and complain about a particular instance that public nuisance laws could be utilized. Mr. Newton replied it is possible for a group of citizens to maintain a public nuisance action if in fact their property rights are being violated by reason of activities of any other citizen. Mr. Bolschweiler suggested this might be a better solution to the problem. Mr. Lennie Whittington, 8542 Manatee Street, mentioned Mr. Markuson, who is Mayor Quinn's appointtee to the Civic Center Corporation, is not a resident or a voter of the City of Downey. He then mentioned he has done his best and spent many hours on the Health & Sanitation Committee and Keep America Beautiful Committee and has asked for no thanks. He has also spent a lot of time at City Hall because he believes in investigating matters. Mr. Whittington indicated Councilmen Barb and Quinn approached Councilman Davila in an attempt to have his name.withdrawn as Councilman Davila's appointee to the Civic Center Corporation. He cited the Brown Council Minutes 8/10/82 -10- ?33 Act regarding secret meetings and referred to an instance he observed in the. Council office which, he said, involved three Council Members. Mayor Quinn and Councilman Cormack disputed Mr. Whittington's remarks. It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by the following vote to remove Mr. Whittington from the Health & Sanitation Committee. AYES: 4 Council Members: Cormack, Jackman, Barb, Quinn NOES: 1 Council Member: Davila CLOSED SESSION It was moved by Councilman Cormack and seconded by Councilman Barb to recess the meeting to closed session at 11:15 p.m, to discuss litigation. The meeting resumed at 12:30 p.m. with all Council Members present. ADJOURNMENT The meeting was adjourned at 12:30 p.m. to 4:00 p.m., August 17, 1982, in the Council Chamber of the Downey City Hall, for a closed session regarding litigation and personnel. �12 R4- L. Shand City -CS-ark-Treasurer es T. Quirin, Ml�jjPh✓ Council Minutes 8/10/82 -11-