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HomeMy WebLinkAboutMinutes-04-12-83-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 12, 1983 B L E O F M I N U T E 'A C T I 0 N S SUBJECT Proclamation designating April 18-24 as National Building Safety Week ACTION Hearing on Proposed Use of City's General Revenue Sharing Funds, 1983-84 Fiscal Year Closed; no action required Minutes: Reg. Mtg., March 22, 1983; & Spec. Mtg., March 30, 1983 Approved Corres. from PUC re Appl. of So. Calif. Edison Co. for Rate Adjustments Filed Corres. from City of South Gate urging State Legislature not make changes in present formula for State Subventions to Cities Filed Rejection of Legal Claim: Ref. #605 Approved General Warrants: #210797 - 210840 #309850 - 310268 Approved Res. #4213, Apprvg. Final Subdiv. Map of Parcel Map #15491 Apprvg. Agmt. with Subdivider & Accept Savings Passbook Assignmt. in Lieu of Surety Bonds (SW Corner Lakewood & Rosecrans) Adopted Res. #4214, Apprvg. Final Subdiv. Map of Parcel Map #14862 (SE Corner Brookshire & Boyson) Adopted Res. #4215, Rescinding Res. #2050 Calling for 4-6 a.m. Parking Restr". on W/s Paramount bet. Melva & Quill Adopted Res. #4216, Decl. Woodruff Av. a Through Hwy. at Intersection w/Everest St. & auth. Removal of existing Traffic Signal System Adopted Ruth Coffaro, representing Friends of the Downey Library, req. City Proclamation re National Library week in Downey Discussion re one-year ext. for United Towing to comply with City's Codes Motion that United Towing be deleted from submitting towing bid Ord. #716, amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #187) (9228 Elm Vista Dr.) Ord. #717, amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #188) (7200 Quill Dr.) Died for lack of a second Adopted Adopted Res. 44217, granting Cond. Use Permit #157 (8009 Imperial Hwy.) Adopted as amended Res. denying Appeal to Cond. Use Permit #158 & Confirming Apprvl. of said CUP in accord w/Planning Comm. Res. #612 (7639 Firestone B1.) Sent back to Planning Comm. for revision of conditions PAGE NO. 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 Page 1 of 3 COUNCIL .11NUTES, APRIL 12, 1983 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION Res. 44218, in memory of .lajcr Rudolph Wehking, First City Treasurer Adopted Cash Contract #457, Golden Park Community Bldg.: Change Orders #4 & 5 as modified by staff Approved Cash Contract #497, Landscaping Median Islands on Lakewood bet. Firestone & South City Limit: Auth. staff modify consultant agreement w/Kobata Assoc. to Incl. extra work in amount of $4,000 Approved Ratify Certification of City Clerk stating minimum quantity of valid, verified petition signatures on referendum re further consideration of Ord. #711 - City/Hospital Foundation Lease Agmt. be accepted Approved Declare & call Special Municipal Election on July 19, 1983, to determine whether Ord. #711 apprvg. Long Term Lease & apprvg. Settlement Agmt. & Mutual Release shall remain in effect or be repealed Approved Payment of Nov. 2, 1982, Charter Amendment Election: Auth. transfer of funds to City Clerk Budget Approved Special 1963 Referendum Election: Expenditure of $29,800 as anticipated expense & instruct staff to Incl. in City Clerk Budget for 1983-84 Approved Agmt. appointing J.A. Stewart Const. Co. as Construction Mgr. for Audio/Visual & Security/Communications contracts for the Civic Center Project: Recommend approval to Civic Center Corp. Approved Downey Historical Society suggestions for salvaging portions of existing City Ball Bldg.: Have staff suggest Society create committees; to commend Society; & give auth. for Society to save whatever items of historical value for posterity Approved Zone Change #190, 9220-42-52-66, 9330-42 Telegraph Rd. Zone Change #191, 8635 Florence Av. Proj. Area Comm.: Appoint Edgar P. McCaughan, Dist. 3 (replace Rev. Toay) Res. #4212, auth. Appl. for Allocation of Mortgage Revenue Bonds, Confirming Filing Notice of Sale & providing other matters Lot Cleaning Rates - Staff report City Manager has receipt for equipment used by former Council Member Ken Miller Sign Code: Instruct staff to study all sections & any other sections may reed updating, & submit to Planning Comm. for hearing & recommendation back to Council Hearing set for April 26, 1983 Hearing set for April 26, 1983 Approved Adopted Approved PAGE NO 3 3 3 0 4 4 4 El 4 4 4 4 4 5 5 6 Page 2 of 3 COUNCIL MINUTES, APRIL 12, 1983 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Sign Code: Impose 6-mo. moratorium or such lesser period effective upon amendments to Sign Ord. becoming effective, & that the moratorium relates to compliance w/orders relating to violation of the Sign Code that have been cited & will be cited during the period Approved 5 Closed session re personnel & litigation 6 Auth. settlement of Ahmad case Approved 6 Commence with background investigation on prospective candidate for City Manager Approved 6 Discussion in closed session re terms of agmt. w/prospective City Manager candidate 6 Meeting adjourned to 5:30 p.m., April 14, 1983, for closed session re personnel; said meeting to be adjourned to 7:00 p.m., April 14, 1983, in Downey Community Theatre for study session re City/Hospital Foundation Lease Meeting also adjourned in memory of Le Keyser, former City employee; & Robert McClennan, former Assemblyman, 38th Dist. 3 3 Page 3 0£ 3 7/61 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 12, 1983 The City Council of the City of Downey held a regular meeting at 7:30 p.m., April 12, 1983, 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: William F. Martin, City Manager Pro Tem Carl K. Newton, City Attorney Dudley Lang, Assistant City Manager William A. Ralph, Director of Public Works Don Davis, Fire Chief Joseph Guthrie, Director of Police Francis E. Carter, City Planner Harald J. Henriksen, City Engineer Harry Rayson, Building Official Ronald E. Cano, Assistant to City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend John Wetzel, Christ Lutheran Church. The Flag Salute was led by Councilman Cormack. Mr. Shand read a Proclamation designating April 18 through 24 as National Building Safety Week. HEARINGS Mayor Quinn opened the hearing to provide an opportunity for citizens of Downey to present written or oral input on Proposed Use of the C'L 's General Revenue SharingFunds for the 1983-84 Fiscal Year. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Jackman and so ordered to receive and file the Proof. There being no one present wishing to speak, it was moved by Councilman Jackman, seconded by Councilman Cormack, and so ordered to close the hearing. No Council action was required. CONSENT CALENDAR It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by the following vote to approve the Consent Calendar: Minutes: .Regular Meeting of March 22, 1983; and Special Meeting of March 30, 1983. Correspondence from Public Utilities Commission regarding Application No. 83-03-036 of Southern California Edison Company for Rate Adjustments. Correspondence from City of South Gate urging the State Legislature to not make changes in present formula for State Subventions to Cities. Rejection of Legal Claim: Ref. #605, John M. Hollinger. General Warrants: 4210797 - 210840; #309850 - 310268: $1,967,938.12. Council Minutes 4/12/83 _1_ �716- RESOLUTION NO. 4213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NUMBER 15491 APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPT- ANCE OF A SAVINGS PASSBOOK ASSIGNMENT IN LIEU OF SURETY BONDS (SIN CORNER LAKEWOOD BOULEVARD AND ROSECRANS AVENUE) RESOLUTION NO. 4214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NUMBER 14862 (S/E CORNER BROOKSHIRE AVENUE AND BOYSON STREET) RESOLUTION NO. 4215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING RESOLUTION NO. 2050 CALLING FOR A 4-6 A.M. PARKING RESTRICTION ALONG THE WEST SIDE OF PARAMOUNT BOULEVARD BETWEEN MELVA STREET AND QUILL DRIVE RESOLUTION NO. 4216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING WOODRUFF AVENUE A THROUGH HIGHWAY AT ITS INTERSECTION WITH EVEREST STREET AND AUTHORIZING THE REMOVAL OF THE EXISTING TRAFFIC SIGNAL SYSTEM AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn ORAL COMMUNICATIONS - Items not on Agenda Ruth Coffaro, 9344 East Via Amorita, representing Friends of the Downey Library, said April 17th marks the start of National Library Week. She commented on the drive for funds being conducted by Friends of the Downey Library to help defray costs of furnishings for the Library expansion, as well as plans to sponsor a read-a-thon for the middle and high school students. She requested a procla- mation of the Council announcing National Library Week in Downey. Councilman Davila indicated it is his understanding United Towing has been given a one-year extension in which to comply with the City's Codes. Mr. Carter explained a request was made to the Planning Commission for a time period in which to provide offsite improvements for sidewalks and street lights, and the Commission granted one year. It was moved by Councilman Davila that United Towing be deleted from submit- ting a bid for towing. The motion died for lack of a second. Gloria Reed, 12161 Paramount Boulevard, inquired if a recommendation from the Planning Commission in regard to the Sign Ordinance will be on tonight's Agenda. She was informed there will be a staff report. OR➢INANCRS ORDINANCE NO. 716 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. 624, ZONE CHANGE CASE NO. 187) (9228 Elm Vista Drive) 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 reading and to adopt Ordinance No. 716. ORDINANCE NO. 717 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. 618, ZONE CHANGE NO. 183) (7200 Quill Drive) 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 reading and to adopt Ordinance No. 717. Council Minutes 4/12/83 -2- q1(�b RESOLUTIONS RESOLUTION NO. 4217 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING CONDITIONAL USE PERMIT NO. 157 (8009 Imperial Highway) As suggested by the City Attorney, it was moved by Councilman Jackman and so ordered that paragraph 2 of Section 3 be amended to read: "This approval shall be for a one-year time period. Additional periods of time may be granted by Planning Commission action if the operation of the bar is compatible with surround- ing uses and complies with the purpose and intent of this approval. Further, there would be the right of appeal of any action taken by the Planning Commission. 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. 4217, as amended. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING AN APPEAL TO CONDITIONAL USE PERMIT NO. 158, AND CONFIRMING APPROVAL OF SAID CONDITIONAL USE PERMIT IN ACCORDANCE WITH PLANNING COMMISSION RESOLUTION NO. 612 (7639 Firestone Boulevard) It was moved by Mayor Quinn and seconded by Councilman Cormack to send the Resolution back to the Planning Commission for revision of the conditions. Councilman Cormack suggested staff be requested to give direction on how to make landlords, who operate businesses in the City, take more of an interest in their property and the City. Councilman Barb inquired regarding the changes that will be requested. Mayor Quinn replied one would be the landscaping requirement, as well as seeing whether landlords can be made to comply. Councilman Barb commented on weekend problems that occur on the 8600 block of Firestone Boulevard with regard to patrons on the businesses parking in front of the residences on Second Street. He said there have also been problems with noise, etc., in the early hours of the morning, disturbing the residences. The motion was so ordered. RESOLUTION NO. 4218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY IN MEMORY OF MAJOR RUDOLPH WEHKING, THE FIRST CITY TREASURER 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. 4218. For the benefit of the audience, Mr. Shand read the Resolution in its entirety. CASH CONTRACTS It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by the following vote to approve Change Orders No. 4 and 5 as modified by staff on Cash Contract #457, Golden Park Community Building (Account #21-17137 and 27-17137). Councilman Davila inquired regarding Item 4 in Change Order No. 5 and asked who made the error on the design. Mr. Henriksen replied there were apparently some oversights in the design stage, whereby even though it was intended to include the circuit breaker inside the building for turning off the lights, it was not included in the plan. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by unanimous vote to authorize staff to modify the consultant agreement with Kobata Associates, Inc., to include extra work in the amount of $4,000 on Cash Contract #497, for landscaping the median islands on Lakewood Boulevard between Firestone Council Minutes 4/12/83 -3- MISCELLANEOUS ACTIONS It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by unanimous vote to ratify the Certification of the City Clerk stating the minimum quantity of valid, verified _.petition signatures on a referendum regarding further consideration of Ordinance No. 711 - City of Downey/Downey Community Hospital Foundation Lease Agreement be accepted. Special Municipal Election Date It was moved by Councilman Davila to rescind Ordinance No. 711 and make an offer to the Downey Community Hospital Foundation to buy the Hospital at its appraised value. The motion died for lack of a second. It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by unanimous vote to declare and call for a Special Municipal Election to take place on July 19, 1983, for the purpose of determining whether or not Ordinance No. 711, approving a Long Term Lease and approving a Settlement Agreement and Mutual Release, shall remain in effect or be repealed. It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by unanimous vote to authorize transfer from the General Fund - Unappropriated Fund Balance into Account No. 10-4-1130.0700 (City Clerk Budget) in the amount of $3,143.79 for payment of the November 2, 1982, Charter Amendment Election. It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by unanimous vote to approve the expenditure of $29,800 as anticipated expense for a Special 1983 Referendum Election, and instruct staff to include the amount in the City Clerk's Budget for the year 1983-84. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by unanimous vote to recommend approval to the Civic Center Corporation of the Agreement which appoints J. A. Stewart Construction Co. as Construction Manager for the Audio/Visual and Security/Communications contracts for the Civic Center Project. Downey Historical Society suggestions for salvaging portions of the existing City Hall Building When asked if this would create any extra expense or problem to the Hotel, who is responsible for demolishing the City Hall, Mr. Martin explained staff has been in communication with the Hotel people, and while a reply has not yet been received, it is felt there should not be any problem. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by unanimous vote to have staff suggest the Historical Society create committees among its members so that it can move these projects along; to commend the Histori- cal Society; and to give the Historical Society authority to save whatever items it feels would be of historical value for posterity. It was moved by Councilman Jackman and so ordered to set a hearing on Zone Change Case No. 190, 9220-42-52-66, 9330-42 Telegraph Road, for 7:30 p.m., April 26 1983, in the Council Chamber of the Downey City Hall. It was moved by Councilman Jackman and so ordered to set a hearing on Zone Change Case No. 191, 8635 Florence Avenue, for 7:30 p.m., April 26, 1983, in the Council Chamber of the Downey City Hall. It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by unanimous vote to appoint Edgar P. McCaughan to the Project Area Committee for Councilmanic District Three, to replace Reverend John Toay, who has resigned. CITY MANAGER'S REPORT RESOLUTION NO. 4212 THE RESOLUTION AUTHORIZING APPLICATION FOR ALLOCATION OF MORTGAGE REVENUE BONDS, CONFIRMING FILING OF NOTICE OF SALE THEREOF WITH MORTGAGE BOND ALLOCATION COMMITTEE AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO Mr. Martin explained that the action taken on this Resolution on March 30th was by a 2-to-2 vote, and the Charter requires that any Resolution must be passed by a majority of the Council, not a majority of the members present. Therefore, it will be necessary for the Council to consider the Resolution again. Council Minutes 4/12/83 -4- /71425 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. 4212. It was moved by Councilman Davila to amend the motion with the condition that the Downey Savings & Loan shall assist in the transition of the Downey West Little League and all necessities to complete the new ball field in its new location with all required financing that cannot be raised by donation to insure the continuation of the Downey West Little League ball games without interruption. The motion died for lack of a second. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn STAFF REPORTS Mr. Ralph explained at the Council's request, a study was made of the Lot Cleaning Rates, noting overhead has been increased from 35 percent to 50 percent, plus $10 if the charge is placed on the tax bill. The minimum cost is $55 plus 50 percent overhead and administration, and the average cost is $150. Mr. Martin explained former Council Member Ken Miller has brought to him a copy of the receipt for equipment he had in his possession during his term of office. . Mr. Carter explained at the last Council Meeting, staff was instructed to re- view and report on those particular sections pertaining to the Sian Code that were requested for clarification by the Chamber of Commerce, as well as comments submitted by the Sign Users Council. A report has been submitted to the Council, with staff outlining specific sections it had questions about, as well as comments on those particular sections. Some items were mentioned for clarification or ex- pansion, and indications were made where it was felt no change was necessary. It was so ordered to instruct staff to go forward with a complete study of all the sections and any other sections it feels may need updating, and that staff's comments be submitted to the Planning Commission for hearing and recommendation back to the Council. It was moved by Councilman Cormack, seconded by Mayor Quinn, and passed by the following vote to impose a six-month moratorium or such lesser period, effective upon the amendments to the Sign Ordinance becoming effective, and that the mora- torium relates to compliance, with orders relating to violation of the Sign Code that have been cited and will be cited during the period. Councilman Cormack suggested to staff that the Sign Ordinance is a guideline, and there has to be some flexibility in interpretation. He will have several sections to add to staff's study. During discussion, Councilman Barb indicated he would like to shorten the time. Councilman Jackman said with public hearings, it should take a full six months. Councilman Barb requested staff to complete its study in a shorter time and expressed concern on how this could affect the new businesses putting in certain size signs, when future requirements may allow them to be larger. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn Gloria Reed, 12161 Paramount Boulevard, asked if there will be fines on the violations cited during the six-month moratorium. Mr. Newton replied there would be no prosecution during the six-month period. Ms. Reed asked if staff or the Planning Commission will be willing to take input from the Downey merchants group regarding changes in the Ordinance, and she was told yes. Mr. Bob Keenan of the Sign Users Council of California, 747 East Green Street, Pasadena, asked if the moratorium would pertain only to legal existing non -conforming signs, and the response was yes. ORAL COMMUNICATIONS - Audience: None ORAL COMMUNICATIONS - City Council: None Council Minutes 4/12/83 -5- 7166 CLOSED SESSION Mayor Quinn recessed the meeting to closed session from 8:25 p.m, to 9:48 p.m. to discuss personnel and litigation. The meeting resumed with all Council Members present. It was announced that in closed session, the Council took action to authorize settlement of the Ahmad case; commence with background investigations on prospec- tive candidates for City Manager; and discussed terms of agreement with prospective City Manager candidate. ADJOURNMENT The meeting was adjourned at 9:49 p.m. to 5:30 p.m., April 14, 1983, in the Council Chamber of the Downey City Hall, for closed session regarding personnel, which meeting will be adjourned to 7:00 p.m., April 14, 1983, in the Downey Commu- nity Theatre, for study session regarding the City of Downey/Downey Community Hospital Foundation Lease. The meeting was also adjou and Robert McClennan. former Ac in memory of Le Robert L. Shand, City Clerk -Treasurer James T. Quinn, Mayor Ci Council Minutes 4/12/83 -6-