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HomeMy WebLinkAboutMinutes-09-28-82-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 28, 1982 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: PAGE N0. Minutes, Reg. Mtg. of September 14, 1982 Approved 1 Corres. from PUC re Appl. #82-09-10 of -- So. Cal. Gas Co. to increase rates Filed 1 Corres. from PUC re Appl. #82-09-11 0£ So. Cal Gas Co. to increase rates Filed 1 Corres. from PUC re Appl. #82-09-12 of So. Cal. Gas Co. & Pacific Ltg. Gas Supply Co. to increase rates Filed 1 Corres. from PUC re Appl. #82-09-19 of So. Cal. Gas Co. to increase rates Filed 1 Rejection of Appl. for Late Claim, Ref. #560, Kelly Hughes Approved 1 General Warrants: #209398 - 209434 #305875 - 306110 Approved 1 Location of Cable TV Tower on LaReina n/o Fourth St.: Refer back to staff for further consideration Approved 2 Res. #4159, Supporting Proposition A to Prohibit Strikes by County Employees & provides for discharge for Violation Adopted 3 Proposition A Public Transit Projects for Fiscal Year 1982-83: Reject report & send back to staff for study as outlined by Cn. Barb Approved 3 Refuse Rate Increase for residential refuse collection & disposal Approved 4 Correction of Amendments to 1979 Uniform Fire Code Hearing set for October 12, 1982 4 Res. #4160, Apprvg. Appointment of James A. Lytle as Member of Downey Community Hospital Auth. Comm., Dist. Two Adopted 4 Res. #4161, Apprvg. Appointment of Mix Lewis to L.A. County -Downey Regional Public Area Auth., Dist. Two Adopted 4 Res. #4162, Apprvg. Appointment of Mrs. Eva Stoddart as Director of Civic Center Corp. (Dist. 2) Adopted 4 Appointments to Community Access Advisory Committee: Don Kennedy, Dist. 2; Dale Hardeman, Dist. 1; Bruce Lively, Dist. 3; Paul Lambrose, Dist. 4; & Gene Boutault, Dist. 5 Approved 4 Appointment of Jack Wiley to Health & Environmental Sanitation Comm., Dist. 5 Approved 4 Appointment of Gloria Heer to fulfill re- maining term of Ben Henn on Traffic Comm., _ Dist. 3 Approved 4 Increase in Library Hours for Public Use & added necessary part-time personnel for 40 weeks remaining in FY 1982-83 Approved 4 Page 1 of 2 COUNCIL MINUTES, SEPTEMBER 28, 1982 TABLE OF MINUTE ACTIONS (CONTINUED) srrR,TFCT - ACTION: Loan Agreements bet. City & Community PAGE NO Dev. Comm. Approved 5 Auth. Downey Obedience Club to construct storage facility approx. 96 sq. ft. at Apollo Park (will be property of City) Approved 5 Go on record in opposition to Proposition 15, Registration of Handguns Approved 5 Downey High School Swimming Pool: Auth. Cn. Barb & staff review joint effort with School Dist. for aquatic center & community center Approved; staff to report back 5 Ch. Barb favors proceeding w/facility at Apollo Center as Recreation Center 5 City Council Committee Assignments submitted by Mayor Quinn 5 W. Ralph reports DART Program will no longer accept unbundled paper 5 Refuse to Energy Program - Status Report 5 Citizen complaint re noise emanating from Sundance Studio on Sth & Downey Av. in Staff to give special attention early morning hours to problem 6 Closed session re litigation 6 Page 2 of 2 7osd MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 28, 1982 The City Council of the City of Downey held a regular meeting at 7:30 p.m., September 28, 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 William A. Ralph, Director of Public Works Ronald W. Leege, Director of Finance Don Davis, Fire Chief James R. Jarrett, Director of Recreation Harry Payson, Building Official Charles G. Eccleston, Traffic Engineer Ronald E. Cano, Assistant to City Manager Lt. John Abbey, Police Department Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend James Piper, Memorial Christian Church. The Flag Salute was led by Councilman Cormack. PRESENTATIONS: Mayor Quinn welcomed students from Whittier Christian High School. HEARINGS: None REMOVAL OF ITEMS FROM CONSENT CALENDAR: None CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Davila, and passed by the following vote to approve the Consent Calendar: Minutes: Regular Meeting of September 14, 1982. Correspondence from Public Utilities Commission regarding Application No. 82-09-10 of Southern California Gas Company to increase rates for third year costs for solar financing program and undercollection in conservation adjust- ment balancing account. Correspondence from Public Utilities Commission regarding Application No. 82-09-11 of Southern California Gas Company to increase rates for second year costs of residential conservation program and undercollection in conservation cost adjustment balancing account. Correspondence from Public Utilities Commission regarding Application No. 82-09-12 of Southern California Gas Comnanv and Pacific Lichtinc Gas Supply Company to increase rates for offsetting costs of gas. Correspondence from Public Utilities Commission regarding Application No. 82-09-19 of Southern California Gas Company to increase rates for second year costs of weatherization financing and credit program and undercollection in conservation cost adjustment balancing account. for Late General Warrants: #209398 - 209434; #305875 - 306110: $1,104,669.93. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn Council Minutes 9/28/82 -1- 10 53 ORAL COMMUNICATIONS - Items not on Agenda Mr. Ron Kolar, 9580 Gallatin Road, commented on the Cable TV Tower on LaReina north of Fourth Street. He contended it is unattractive to the community and that the City Council should investigate this matter as to whether there is a Code vio- lation and the tower should be removed. Mr. Donlevy explained that as to the Cable TV antenna, proper notices were given, a hearing was held by the Planning Commission, and the proper permits were issued. If the Council wants to look into this further, then staff will need some direction. Mayor Quinn indicated he has checked into this, and the tower requires 170 feet of height because the City is bounded by high tension wires. Also, the present location of the tower will enable everyone in the City to get good reception. He pointed out Cable TV will bring $300,000 in revenue to Downey, which will enhance the City and the School District. Mayor Quinn believes in another two months it will be an accepted fact that there is Cable TV in the City. Mr. Donlevy said there could be one or two technicalities as far as the size of the base and what was initially approved by the Planning Commission. However, any technicalities would be small in nature. Councilman Cormack inquired whether there is any detriment to the area or any drawbacks to the community, and if so perhaps something should be worked out. Mr. Donlevy replied the only drawback might be the appearance. He is not aware of any physical detriment. Councilman Davila inquired about the possibility of staff studying this to see if there is any way to make the tower's appearance more bearable to the community without going to any great expense. Mr. Cano commented he was informed the relocation cost for the tower would be somewhere around $80,000-$100,000. He said one of the options considered was to relocate the antenna on top of the Bank of America building, which would require installation and engineering costs. Mr. Cano stated he was informed during dis- cussions with Cablesystems that negotiations were held with Bank of America in 1981, but nothing was resolved. Councilman Davila suggested moving the tower to the new City Hall after it is constructed. Councilman Barb commented on statements made by Cable TV representatives at the Planning Commission hearing regarding placement of the tower at the subject location, which could not be negotiated with Bank of America. He mentioned speak- ing with management of the Bank of America building, who informed him Cablesystems did not come back and negotiate after being awarded the contract. It was then moved by Councilman Barb to send a Code Enforcement Officer and order the tower removed. The motion died for lack of a second. Councilman Barb said a variance was given for a 11-foot tower base, not a 22 foot. It was moved by Councilman Cormack, seconded by Mayor Quinn, and passed by the following vote to send this back to staff for further consideration before taking any such action as proposed. Councilman Barb questioned his right as a citizen to request staff to enforce a Code violation. Mr. Kolar said he is the general managing partner of the owners and management firm of the Bank of America building and that they would be willing, other than their costs, to allow Cablesystems to install their antenna free of charge so that smaller antennas could be used which would not be near as unsightly. He questioned how the relocation costs could be higher than the initial cost of the tower. Mayor Quinn asked if 24-hour access would be made available to the Cable TV company, and Mr. Kolar replied yes. Ruth Rabenberg, 8113 Fourth Street, mentioned she expressed concern at the Planning Commission meeting regarding possible aesthetic affect of the tower and said her concerns were justified. Council Minutes 9/28/82 -2- posy Lester 0. Kilpatrick, 8150 Fourth Street, commented on his failure to obtain variances on his property, which he indicated had much less influence on the city than the Cable TV tower. Bernie Norris, 8106 East Fifth Street, feels the Cable TV tower is an aesthetic detriment to his neighborhood. Ted Kilpatrick, 8117 Fifth Street, concurred the tower is unsightly and said he would like to see it placed on top of the Bank of America building. Commenting on his motion, Councilman Cormack hopes this matter can be worked out with all parties involved. Mr. Newton mentioned that if the report comes back establishing facts to warrant a revocation of the variance because conditions of approval were not adhered to, then the Council would have the power to refer this back to the Plan- ning Commission and a hearing would have to be held before the variance is revoked. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn ORDINANCES.• None RESOLUTIONS RESOLUTION NO. 4159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING PROPOSITION A WHICH WOULD PROHIBIT STRIKES ON CONCERTED ACTION TO WITHHOLD SERVICES BY COUNTY EMPLOYEES AND PROVIDES FOR THE DISCHARGE FOR VIOLATION OF PROPOSED REGULATIONS 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 reading and to adopt Resolution No. 4159. CASH CONTRACTS: None MISCELLANEOUS ACTIONS Proposition A Public Transit Projects for Fiscal Year 1982-83 Mr. Donlevy explained the City will be receiving approximately 3/4 million dollars a year. A small allocation is recommended, with the major portion of the funds to be spent for future projects to be determined by the Council. Councilman Jackman inquired about the possibility of using some of the funds for crossing guards. Mr. Eccleston replied the intent of the funds is for,public transit, and the County Commission ruled crossing guards are not of any benefit to public transit. Councilman Cormack objected to the City considering cleaning and servicing bus stops, which he said is RTD's function, and he also objects to making turn -out bays for RTD on Firestone. He would rather apply the money for local transit. Councilman Davila pointed out he personally rides the bus to work three or four times a week. He commented on litter at the bus stops and indicated he feels trash containers should be supplied. Councilman Barb would be in favor of waiting six months to a year and setting the money aside. He said RTD is studying a park and ride on Lakewood at the Santa Ana Freeway and possibly it will affect the bus stops on Paramount and Florence. He does not feel the money should be invested in improving bus stops when in a year there may not be buses stopping at those locations, and he suggested the Dial -A -Ride program should be expended to its capacity, seven days a week and maybe two even- ings, and provide full capacity service for seniors and handicapped. The rest of the projects should be held back for a closer look. It was moved by Councilman Cormack to reject the report on Proposition A and send it back to staff for study as outlined by Councilman Barb. Councilman Barb expressed his intent to amend the motion, which he later re- moved because the motion included referring all proposed projects back to staff for review. Council Minutes 9/28/82 -3- Joss Mr. Donlevy mentioned the City -School Recreation Committee is looking at a joint City -School bus system, which would be an excellent way of utilizing a por- of Proposition A funds instead of having a Dial -A -Ride program, school buses, and RTD buses, everything which is in conflict with one another going into one bus system. Councilman Jackman requested a report be brought back on whether any municipal bus systems or mini -bus systems in the Country are making any money. Councilman Jackman seconded the motion, which was passed by unanimous vote. Councilman Barb said if this is not discussed again within the next month, he would like to see the Dial -A -Ride program expanded to full extent without buying any new equipment, to operate evenings and on the weekends. Mr. Donlevy said staff will come back next meeting with a revised report. It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by unanimous vote to approve the Refuse Rate Increase for residential refuse collection and disposal to reflect the following rates: Single Family Residence, $4.69 per month (574 increase, 13.8%); Multiple Units, $4.03 per month (49C increase, 13.8%). A hearing on Correction of Amendments to 1979 Uniform Fire Code was set for 7:30 p.m., October 12, 1982, in the Council Chamber of the Downey City Hall. RESOLUTION NO. 4160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF JAMES A. LYTLE AS A MEMBER OF THE DOWNEY COMMUNITY HOSPITAL AUTHORITY COMMISSION FOR COUNCILMANIC DISTRICT TWO 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. 4160. RESOLUTION NO. 4161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MIX LEWIS AS A MEMBER OF THE LOS ANGELES COUNTY-DOWNEY REGIONAL PUBLIC AREA AUTHORITY FOR COUNCIL 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. 4161. RESOLUTION NO. 4162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MRS. EVA STODDART AS A DIRECTOR OF THE CIVIC CENTER CORPORATION 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. 4162. The following appointments were made to the Community Access Advisory Committee: Don Kennedy, District Two. Dale Hardeman, District One. Bruce Lively, District Three. Paul Lambrose, District Four. Gene Boutault, District. Five. It was moved by Councilman Jackman, by unanimous vote to approve the Appoint Environmental Sanitation Committee for C It was moved by Councilman Jackman, by unanimous vote to approve the Appoint ing term of Ben Henn on the Traffic Comm seconded by Councilman Davila, ind passed ent of Jack Wiley to the Health and Five. seconded by Councilman Davila, and passed ent of Gloria Heer to fulfill the remain - District It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by unanimous vote to approve an Increase in Library Hours for Public Use for the pro- posed schedule of Monday and Tuesday, 10:00 a.m. to 9:00 p.m.; Wednesday and Council Minutes 9/28/82 -4- Thursday, 12:00 noon to 9:00 p.m.; Friday, 12:00 noon to 5:00 p.m.; and Saturday, 10:00 a.m. to 5:00 p.m.; and approve added necessary part-time personnel for the 40 weeks remaining in fiscal year 1982-83. CITY MANAGER'S REPORT It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by unanimous vote to approve Loan Agreements between the City of Downey and Downey Community Development Commission. It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by unanimous vote to authorize the Downey Obedience Club to construct a storage facility of approximately 96 square feet at Apollo Park. It is understood that all costs for construction will be the responsibility of the Obedience Club and that all improvements will become the property of the City of Downey. Mr. Donlevy mentioned the City Attorney has requested a short closed session at the end of the meeting to discuss litigation. ORAL COMMUNICATIONS - City Council It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by unanimous vote that the City Council go on record in opposition to Proposition 15, Registration of Handguns. Councilman Barb commented on previous use of the Downey High School swimming Pool as a community plunge and for competitive swim events and said the pool is 47 years old and in a worn condition. The School District has no way to replace it. He mentioned that in talking to School Board members and the Superintendent of Schools, there is considerable interest in a joint project between the School District and the City to build an aquatic center, which would also serve as a commu- nity center. Councilman Barb displayed a sample overlay plan showing the new Civic Center Project with the Downey High School baseball diamond across Brookshire and indicated there are opportunities to build an olympic size pool, a 7500 square foot community center, and to not spend any of the City's general funds. There are numerous funds and grants available for community development. The School District has expressed an interest in dedicating land to the Community Development Commis- sion for the purpose of adding this to the present Civic Center plans. Councilman Barb commented on the new community center in Pico Rivera and the funds derived from rental of that facility. He requested he be allowed with staff to spend time investigating available financing and what can be worked out with the School District. Councilman Barb pointed out the baseball diamond on Brookshire is used only for practice and that the area proposed for dedication by the School District would be directly behind the "R" building to the existing parking lot, which would also add additional parking to the Civic Center. It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by the following vote to authorize Councilman Barb and staff to go ahead and look into this. Councilman Cormack said if this is a joint effort between the City and School District, then the City/School Committee should be involved to some extent. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn Mr. Donlevy said staff will attempt to have a feasibility study completed in two weeks to a month pertaining to alternative funding methods available. Councilman Barb is still interested in proceeding with a facility at Apollo Center to handle the problem when the Recreation Center building is razed. For the record, Mr. Shand read the City Council Committee Assignments submitted by Mayor Quinn. Mr. Ralph commented on problems affecting the DART Program with regard to the depressed paper market. One of the two partners in the program has elected to use the 30-day option clause in the contract and has so informed the City. Negotiations have been held with the two individuals involved, and a program has been developed, whereby DART will no longer accept loose or unbundled paper, and all of the parti- cipants will be notified in the immediate future. Responding to a request for status report on the Refuse to Energy Program, Mr. Cano explained staff is putting together a job description and work statement and meeting with three executive search firms to see if there is a person which meets the specifications developed. It is hoped by the next meeting to report back to the Council. Council Minutes 9/28/82 -5- ORAL COMMUNICATIONS - Audience Mr. Panos Kantounias, 8327 Fifth Street, cited noise problems emanating from the Sundance Studio on Downey Avenue and Fifth Street during the early morning hours. The Police are called and respond, but after they leave, the noise starts up again. He said the Sundance Studio has a permit to teach dancing, not rent the premises. Mr. Donlevy assured Mr. Kantounias that special attention will be given to the problem. CLOSED SESSION The meeting was recessed to closed session from 8:50 p.m. to 9:46 p.m. to discuss litigation. The meeting resumed with all Council Members present. ADJOURNMENT - 9:46 p.m. RobertL. Shand, City Clerk -Treasurer ames T. Quinn, Mayor Council Minutes 9/28/82 -6-