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HomeMy WebLinkAboutMinutes-10-12-82-Regular MeetingT A B L E MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 12, 1982 M I N U T E A C T I O N S ACTION: Plaques presented to former Mayor and Council Members Mackaig and Swearingen PAGE NO. 1 California Cablesystems - Antenna Mounting Returned to staff for proper Tower on LaReina Avenue direction to applicant re variance Ord. amending DMC re Uniform Fire Code (1979) Introduced Environmental Impact Report for AD 113, Bergman Lane: Approve EIR & reject project re City's participation; & if project goes forward that property owners pay full assmt. cost of street dedication Approved Removal of Items from Consent Calendar Minutes: Reg. Mtg., September 28, 1982 Approved General Warrants: #209435 - 209450 #306111 - 306367 Approved Res. #4163, Proposing to Annex to Ltg. Maint. Dist. & Ord. Traffic Engineer to Prepare & File Rpt. (Annex. 82/4 - Earnshaw Av., Golden to Century) Adopted Res. #4164, Apprvg. City Traffic Engr's. Ppt. (Annex. 82/4) Res. #4165, Declaring Int. to Annex to Ltg. Maint. Dist. AD 121 (Annex. 82/4) Res. #4166, Directing City Manager to Execute Training Agmts. bet. Police Dept. & Calif. Highway Patrol Status Report - Refuse -to -Energy Program Reciprocal Easement Agreement - Civic Center Adopted Adopted; sets the hearing for October 26, 1982 Adopted Received & filed Approved subject to City Attorney approval Limit sale of alcohol to agencies now in existence: Staff to prepare ordinances for control & to now allow sale of alcohol & gasoline at same location Approved CC #497 - Agmt. w/Landscape Architect for Design of Imprvments. Lakewood & Firestone, which Incl. not to exceed costs $19,770 & auth. Mayor to sign Approved Apollo Park Recreation Facility: Auth. staff to prepare plans & specs & proceed w/proposed modular bldg. to replace existing Community Center bldg. Approved Proposition A - Public Transit Projects FY 1982-83 (amended2: Approve amended rpt. calling for allocation of 20% funds for filing claim to L.A. County Transportation Comm.; remaining 80% will be added to 1982-83 FY allocation f/future projects Approved Grant to improve Traffic Signal Timing on Florence Av. & Imperial Hwy.: Filing of Appl, to State Energy Comm. Approved 1 2 2 3 3 4 4 4 4 4 4 5 5 5 0 r Page 1 of 2 COUNCIL MINUTES, OCTOBER 12, 1982 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTIONB PAGE NO. Senior Citizens Trash Refunds to qualified applicants in amount of $12.36, which is amount of current quarterly billing Approved 6 Downey High School & City Aquatic Center Status report; no action 6 Workers' Compensation claims administration services: Contract w/Colen & Lee for interim period ending 10/31/82 Approved 7 Res. #4167, amending 1982-83 Manning Table (for Keep Downey Beautiful Program) Adopted 7 Closed session re personnel & litigation 7 Page 2 of 2 7os8 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 12, 1982 The City Council of the City of Downey held a regular meeting at 7:30 p.m., October 12, 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 William F. Martin, Police Chief Don Davis, Fire Chief Harald J. Henriksen, City Engineer Frances E. Carter, City Planner Harry Payson, Building Official Ronald E. Cano, Assistant to City Manager Lowell Williams, Manager of Revenue Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend Earl Reavis, Grace Baptist Church. The Flag Salute was led by Councilman Jackman. Mayor Quinn presented plaques bearing Council badges to :il Members Milton R. Mackaig and Lyell W. Swearingen. MISCELLANEOUS ACTION There being no objections, Agenda Item XII-B-S, California Cablesystems - Antenna Mounting Tower on LaReina Avenue, was moved forward on the Agenda. Mr. Donlevy explained that following completion of the staff review and report to the Council as to the possibility and estimated costs for relocating the tower and upon further investigation, it was learned there is a possible discrepancy in the variance granted between the 150 foot and 170 foot tower. Also a question has been raised regarding the difference of what was approved by the Planning Commission as to the size of the "dish", as well as the base originally approved at 11 feet. He suggested the Council might want to consider returning this matter to the Plan- ning Commission level, and if additional hearings are necessary, to have the Commission conduct the hearings and then report back to the Council. Mr. Newton stated the defect he sees in the proceedings is that the approval by the Planning Commission through minute action was done without benefit of a public hearing. The original approval was for a tower 150 feet high. It is his opinion the additional height could not be considered or approved by the Planning Commission, inasmuch as it did not have the power to do so without an advertised public hearing. Mr. Newton indicated it is his recommendation the matter be re- ferred to staff for the purpose of giving notice to the applicant of the need to pursue a proper amendment to the variance, if that is the applicant's wish, to allow the use that is presently there, and that would require further public hear- ing. He said because this might come back to the Council on appeal, it would be inappropriate for the Council to hear any comments on the issue at this time because the Council is required to base its judgement on any appeal solely on the evidence presented at the time of hearing. It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by the following vote to return this to staff and that staff give proper direction to the applicant. At the request of Councilman Barb, Mr. Newton outlined which portions of the tower are specifically allowed by the present variance. Council Minutes 10/12/82 -1- 7a5 Councilman Barb submitted a "Fact Sheet" and commented regarding the variance process, pointing out in the case of the tower there were several procedures in the City's code that were not followed. He said even though the Code requires it, no plot plan was submitted to the Planning Commission on the tower. Councilman Barb feels the Municipal Code must be followed and that it is important the Council consider aspects as it involves personnel of the City and the way it wants future matters dealt with. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn Mayor Quinn declared a recess from 7:48 p.m. to 7:50 p.m. The meeting resumed with all Council Members present. HEARINGS Mayor Quinn opened the hearing on Code pertaining to the 1979 Uniform Fire Code. He response was yes. o the if the It was moved by Councilman Jackman and so ordered to receive and file the proof. Mayor Quinn inquired if the City Clerk had received any correspondence, and the response was no. There being no one present to speak to the proposed amendments, it was moved by Councilman Jackman and seconded by Councilman Barb to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING SECTION 3368 AND AMENDING SECTION 3362 OF THE DOWNEY MUNICIPAL CODE, ALL OF WHICH SECTIONS RELATE TO THE UNIFORM FIRE CODE The Ordinance 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 introduce the Ordinance. Mayor Quinn opened the hearing on Environmental Impact Report for Assessment District No. 113, Bergman Lane. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Jackman and seconded by Councilman Davila, to re- ceive and file the Proof. Mayor Quinn inquired if the City Clerk had received any correspondence, and the response was no. There being no one present to speak to this matter, it was moved by Councilman Jackman and seconded by Councilman Davila to close the hearing. Councilman Jackman stated this assessment district is proposed for using 65 percent General Revenue Sharing Funds, and he would not approve Revenue Sharing being used and does not feel people have a special need to have their street improved at the cost of public funds. He commented on the procedure for dedicating a private street, whereby the street is first brought up to code. He does not feel property owners on Bergman Lane should have the benefit of 65 percent funds paid to improve a private street and that it should be done by spreading the costs over a number of years to each property and then dedicated to the City. Councilman Cormack also expressed his opposition to this assessment district. Mr. Henriksen reviewed what has occurred on this project and commented on failures to obtain petitions with sufficient number of signatures for sewer in- stallation through assessment district proceedings. Also, he mentioned, there was new construction, whereby the developer was forced to install a septic tank because there was no sewer connection within 300 feet of the construction. Mr. Henriksen indicated a meeting was held with property owners on Bergman Lane, wherein they were told their street was a neighborhood area being considered for Block Grant Funds, in accordance with income rules of people living on the street. HUD funds were set aside for this project and attempts were made to obtain the right-of-way per Council approval. However, Mr. Henriksen stated, right-of-way dedications were obtained with the exception of four, and if condemnation of property becomes necessary, then HUD funds are not eligible. A subsequent meeting was held with the property owners informing them HUD funds could not be used but that an assessment Council Minutes 10/12/82 -2- district could be formed. The environmental impact report has been prepared be- cause it was felt there could be some opposition, and a petition was prepared for the assessment district and returned with 69 percent by majority of area. The plans and specifications are nearly completed for the City Attorney's review, and then they will be brought to the Council for approval with a Resolution of Intention. Councilman Barb explained that while he agrees with Councilmen Jackman and Cormack, he has reservations about voting against this project if the previous City Council made a commitment to the property owners that it will do something specific in return for their dedication of land. Councilman Davila indicated he would like to study this further; however, he has always felt any improvement is always better for the City. Mayor Quinn mentioned there are other private streets in the City, and if this project is approved using Revenue Sharing Funds, it could be setting a precedent. He feels Bergman Lane needs to be improved and would like staff to find other ways of funding the project. Mr. Henriksen said the EIR can be taken under submission. However, the plans, specifications and Resolution of Intention can be brought back for approval, and then the Council can hear from the people who live on the street. It was moved by Councilman Cormack to send the Environmental Impact Report back to staff for reconsideration at a later time. No second. Discussion followed. It was moved by Councilman Barb and seconded by Councilman Cormack to reject the entire project as far as the City's participation to any extent, and if the pro- ject is go to forward that the property owners pay through assessment the full cost of dedication of the street (see amendment). Mr. Henriksen indicated staff can attempt going forward with this matter, but inform the people that the City's contribution is non-existent. Councilman Jackman said the Council could authorize staff to approach the people on Bergman Lane to see if they would be willing to pay the full assessment. Mr. Donlevy indicated the people will be approached with this information, and if they determine they will pay the 100 percent then staff will come back to the Council with the appropriate action; if they do not, then the project will be dead. Councilman Cormack made a motion to amend by adding approval of the Environ- mental Impact Report. Councilman Barb indicated his motion was for the project to continue with the exception of City funds involved. Mr. Newton advised it would be appropriate for the Council to approve the EIR as ;presented and further direct the project be held in abeyance with no further expenditures for engineering or other aspects of the project until the meeting is held. Councilman Jackman seconded the amendment, which was passed by unanimous vote. The motion as amended was then passed by unanimous vote. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Items VIII-E-1, Status Report on Director for Refuse -to -Energy Program, and VIII-E-2, Reciprocal Easement Agreement - Civic Center, were removed from the Consent Calendar. CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Davila, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Regular Meeting of September 28, 1982. General Warrants: #209435 - 209450; #306111 - 306367: $972,016.66. Council Minutes 10/12/82 -3- M RESOLUTION NO. 4163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROPOSING TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT AD 121 AND ORDERING THE CITY TRAFFIC ENGINEER TO PREPARE AND FILE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (ANNEXATION 82/4 - EARNSHAW AVENUE, GOLDEN AVENUE TO CENTURY BOULEVARD) RESOLUTION NO. 4164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE CITY TRAFFIC ENGINEER'S REPORT FOR THE ADDITION TO LIGHTING MAINTENANCE DISTRICT AD 121 OF ANNEXATION 82/4 - EARNSHAW AVENUE BETWEEN GOLDEN AVENUE AND CENTURY BOULEVARD RESOLUTION NO. 4165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT AD 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES (ANNEXATION 82/4 - EARNSHAW AVENUE) (sets the hearing for October 26, 1982) RESOLUTION NO. 4166 A RESOLUTION OF THE CITY OF DOWNEY AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE TRAINING AGREE- MENTS BETWEEN THE POLICE DEPARTMENT OF THE CITY OF DOWNEY AND THE STATE OF CALIFORNIA DEPARTMENT OF HIGHWAY PATROL AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn Status Report - Refuse -to -Energy Program Mr. Donlevy explained the purpose of the report is to inform the Council that staff has been unable to come back this meeting with job specifications and costs involved for a recruitment firm to handle this. The status report was received and filed. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by unanimous vote to approve the Reciprocal Easement Agreement - Civic Center, subject to approval of the City Attorney. ORAL COMMUNICATIONS - Items not on Agenda Councilman Cormack feels it is time to limit the number of locations where alcoholic beverages are sold in the City. It is his understanding the Planning Commission is considering or has approved a gasoline station being turned into a mini -market serving alcohol, and he is concerned regarding the Safeway location. It was then moved by Councilman Cormack that the City develop an ordinance, or whatever is necessary, to limit the sale of alcohol to those agencies now in existence. Mr. Newton advised there is a preemption of the control of alcoholic beverages through the Alcoholic Beverage Control Act adopted by the State legislature, which applies throughout the State. However, he said, as a land use matter, it is possi- ble for a city to prohibit the sale of alcoholic beverages at gasoline stations, and ordinances have been adopted in other cities. Mr. Newton stated the City would have the opportunity to lodge a protest and appear in opposition at a hearing before the Alcoholic Beverage Control Board, but because of the pre-emption problem, the City has no power to control and only limited power to influence decisions made by that State agency. The motion was seconded by Councilman Jackman. Councilman Barb inquired if there is a manner in which the City Attorney or staff can research what the ordinance possibilities might be, such as a certain type of zoning. Council Minutes 10/12/82 -4- 74 G a Mr. Newton replied there is the possibility of requiring a conditional use permit for any establishment which serves food and has entertainment and serves alcoholic beverages. He said a number of cities utilize that procedure, and it is quite effective in limiting the number of outlets and the type of operation that may be offensive to the surrounding community. Mrs. Virginia Glendon, 9733 Guatemala, indicated she is opposed to the Liquor Barn and said she spoke to a woman at the Alcoholic Beverage Commission, who in- formed her there are cities that have a limit on liquor licenses. She asked if this information would be pertinent to the subject under discussion and was told her information would be taken into consideration. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn Upon request for clarification, Councilman Cormack explained the motion is to prepare any ordinances possible for the control of alcoholic beverage outlets and to not allow sale of alcohol and gasoline at the same location. Mrs. Glendon said she and Valarie Sneed obtained approximately 300 signatures in opposition to the number of liquor establishments near the intersection of Florence and Old River School Road. Brian Memo, 7330 Finevale, expressed opposition to the Liquor Barn, noting there are also other establishments in the area that sell liquor. Eleanor Lindenfeld, 8846 Manzanar, indicated she expressed her protest at a Planning Commission hearing on a conditional use permit of a liquor license for a mini -market at a Shell station, noting in the immediate area there are other places that also sell liquor. ORDINANCES: None RESOLUTIONS: None CASH CONTRACTS Cash Contract #497 - _Agreement with Landscape Architect for Desion of Mr. Donlevy explained this is probably one of the major capital improvement projects included in this year's budget. He said staff will be coming back periodically so that the architect can obtain input from the City Council. It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by the following vote to approve the agreement, which includes a total "not to exceed" costs of tasks outlined in the amount of $19,770, and which has been approved by the City Attorney; and authorize the Mayor to execute the agreement on behalf of the City. Councilman Jackman inquired regarding whether this was put out to bid and whether local landscape architects were invited. Mr. Henriksen replied four landscape architects were selected. The local landscape architect has recently moved to Santa Ana, and he was invited to bid. Councilman Cormack feels all people in the City in the profession for which the City is advertising should be contacted and allowed to bid. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn Apollo Park Recreation Facility A proposed plan of the community center building was displayed. Mr. Henriksen commented on the proposed location of the building in relation to the parking and adjoining buildings. He pointed out the City requires a continu- ous foundation completely around the building. Councilman Jackman suggested since consideration is being given to possible construction of an olympic size pool and recreation center that the Council should hold this matter until it is known whether that project will go ahead. Mayor Quinn said this building would be completed in March, and the proposed pool and recreation center will take approximately two years. Council Minutes 10/12/82 -5- �1o('3 Councilman Cormack indicated he hopes the proposed estimates will be higher than the bids because he feels the amount per square foot is high for a modular building. Mr. Donlevy said this will come back to the Council in November for approving plans and specifications, and at that time the Council will have the details. The price will be known when the bid opening occurs in December. It was moved by Councilman Cormack, seconded by Councilman Davila, and passed by the following vote to authorize staff to prepare plans and specifications and proceed with proposed modular building at Apollo Neighborhood Center to replace the existing Community Center building. Councilman Barb questioned whether loud music from the exercise classes using the new building might interfere with the senior citizens using their facility across the patio. He also questioned whether there is sufficient parking and suggested moving the building further to the east so as to not impact the senior citizen center. During discussion, Mr. Donlevy said attempts will be made to construct the building as noise -proof as possible. AYES: 4 Council Members: Cormack, Barb, Davila, Quinn NOES: 1 Council Member: Jackman Proposition A - Public Transit Projects for Fiscal Year 1982-83 (amended) Mr. Donlevy said in the report under Operations Projects, third paragraph, it mentions a total personnel complement of one Dispatch Coordinator, five full time drivers and three part-time drivers. He recommended deleting that and inserting wording of one Dispatch Coordinator and drivers as needed. Then, he said, hope- fully full time positions would not have to be created. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by the following vote to approve the amended report calling for the allocation of $150,000 (20%) of the total $761,509 Proposition A Return Allocation and authorize the filing of a Proposition A claim to the Los Angeles County Transportation Commission. The remaining $611,509 (80%) will be added to the 1983-84 Fiscal Year allocation for future projects. During discussion, Councilman Cormack indicated his desire to have the buses routed to hospitals, shopping, and churches on Sunday. Mr. Donlevy said there will be press releases to inform the people. 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 approve filing of an application for $28,600 to the State Energy Commission for a grant to improve Traffic Signal Timing on Florence Avenue and Imperial Highway. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by unanimous vote to approve Senior Citizens Trash Refunds to qualified applicants in the amount of $12.36, which is the amount of the current quarterly billing. CITY MANAGER'S REPORT Mr. Donlevy gave a status report on the Downey High School and City Aquatic Center. He said the Council was in attendance at the School Board meeting last evening and heard the input and discussion. Staff will be bringing back a financ- ing package on the feasibility and possibility of such a project. If the Council has any negativee input or further direction, staff should be advised. A feasibility report will be brought back to the council in 30 days. Councilman Cormack suggested and encouraged that this not become a Downey High School project but a community project where each high school would have equal time. He requested there be adequate space and enough planning so that the recreation center can help defray the costs of the pool. Mr. Donlevy pointed out there has been excellent cooperation from the school Board and staff and they are anxious to proceed with this project. No action of the Council is required at this time. Council Minutes 10/12/82 -6- MA As recommended by the City Manager, it was moved by Councilman Cormack, seconded by Councilman Davila, and passed by unanimous vote to approve contracting for Workers' Compensation claims administration services with Colen and Lee for the interim period ending October 31, 1982. RESOLUTION N0. 4167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE 1982-83 MANNING TABLE Mr. Donlevy explained this Resolution establishes the position of Program Coordinator for the Keep Downey Beautiful program, which has been approved by the Council. He then read the Resolution by title only. It was moved by Councilman Cormack, seconded by Councilman Barb, and passed by unanimous vote to waive further reading and to adopt Resolution No. 4167. Mr. Donlevy requested a closed session regarding personnel and litigation. ORAL COMMUNICATIONS - Audience: None CLOSED SESSION The meeting was recessed to a closed session from 9:05 p.m. to 10:55 p.m. to discuss personnel and litigation. The meeting resumed with all Council Members present. There were no Council decisions announced. ADJOURNMENT: 10:55 p.m. Robert L. Shand, dtty Clerk -Treasurer es T. Quinn, Mayor Council Minutes 10/12/82 -7-