HomeMy WebLinkAboutMinutes-08-09-83-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DaliEEY
AUGUST 9, 1983
TABLE OF MINUTE ACTION
SUBJECT ACTION
Ord. amending DMC re Temporary Outdoor
Display & Sales Introduced
Res. establishing a Fee for Temporary
Outdoor Display & Sales Permit
Removal of Items fran Consent Calendar
Minutes: Reg. Mtg., June 28, 1983; & Adj.
Reg. Mtgs., July 5, 1983 (6:30pm & 7:30pm)
Corres. from Assemblyman Farr re AB 2099,
Parklands Bond Act of 1984
Legal Claim: Ref. #630, Dallas Spaulding
PAGE NO.
2
Delayed; staff to crone back w/a.1t.
method of either flat or varied rate 2
Approved
Filed
Rejected
SS Proj. #370/371, City Wide Chip & Slurry
Seal for FY 1983-84; Specs & grant auth. to
advertise for bids Approved
General Warrants: #211113 - 211138
#312068 - 312454 Approved
Res. #4287, Accepting Officer of Dedication
as Public Road of 34' Wide Future Street
Lying Ely. of Paramount B1. designated as
Bergnian Lane Adopted
Res. 44288, Auth. City Mgr. sign Contract
#X-7977 w/Caltrans for Police Security
Patrol in I-105 Freeway Area
Des. #4289, Granting Zone variance #266
(8026 Stewart & Gray Rd.)
Res. #4290, Apprvg. Apptmt. of Norman
Sipple to Library Adv. Bd., Dist. 3
Discussion re closed sessions
Ord.. #726, Amending Zoning Map adopted
by DYE re Zone Change Case #194 (N/o
Benares W/o Old River School Rd.)
Adopted as amended
- -.
Ord. #727, Amending Zoning Map adopted by
DMC re Zone Change Case #197 (E/s Lakewood,
11bry St. to Donovan St.) opted
Ord. #728, Amending Zoning Map adopted by
DMC re Zone Change Case #198 (properties
bounded by Lakewood, Bellflower & Hall Rd.) Adopted
Ord. #729, Amending Zoning Map adopted by
DMC re Zone Change Case #199 (Cornuta &
Belcher bet. Woodruff & Foster)
Des. Apprvg. MOU w/Calif. Teamsters,
Local 911
Library Proj. Change Order #9 under
CC #491
Joint Downey/South Gate Channelization
Proj. for Garfield Av.: Allocation as
Dmmey's share
Deferred to closed session
(see adoption Pg. 6)
Postponed to next regular neeti.ng
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Page 1 of 2
COUNCIL, MINUTES, AUGUST 9, 1983
TABLE OF MINUTE ACTIONS (continued)
SUBJECT ACTION PAGE NO.
Auth. inst. of 10 handicap ranps on
Paratmunt B1. bet. Lrrperial & Firestone &
compl. of sidewalks at corner of DePal=a Approved 5
Concert series for Downey Conn. Theatre:
Appropriation Approved 5
Continuation of Golf Course Repayment Plan:
Interest only plan w/interest rate to equal
weighted portfolio yields w/pymts. due
tmnthly Approved 6
Contract for Library Moving & Storage
Services Held over to next meeting 6
1983-84 Capital Improvezent Budget Meeting set for 5:30 p.m.,
August 16, 1983 6
Reorganization Plan - proposed Taken off Agenda 6
Agmt. w/Dcwney Chamber of Canuerce Approved; staff to set up mtg. bet.
Cn. Jackman & Mayor Cormack w/Pres.
Chamber to discuss goals f/City &
signs 6
Cn. Jaclaran prefers using gray folders
for Agenda material 6
Cn. Davila req. gray folder f/filing
Agenda packets 6
Susie Villa re Handicap Ramps, Paramount Bl. 6
Lennie Whittington re Tape Recordings of _
Council Meetings & costs for recent mailcut 6
Closed session re personnel & litigation 6
Res. #4291, Apprvg. MOU w/Calif. Teamsters
Local 911 Adopted 6
Meeting adjourned to 5:30 p.m.,
August 16, 1983 re Capital lirprvmt. Budget 7
Page 2 of 2
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DMW
AUGUST 9, 1983
The City Council of the City of Downey held a regular rreeti.ng at 7:30 p.m.,
August 9, 1983, in the Council Chamber of the Downey City Hall, Mayor Robert G.
Cormack presiding.
PRESENT: Council Members:
— Robert G. Cormack Mayor
Theodore H. Jackman Mayor Pro Tem
Randall R. Barb
Bob Davila
James T. Quinn
ALSO PRESENT: Bud Ovrom, City Manager
Carl K. Newton, City Attorney
Jarres R. Cutts, Director of Connmmity Development
William A. Ralph, Director of Public Works
Lee Powell, Director of Administrative Services
James R. Jarrett, Director of Community Services
Don Davis, Fire Chief
Ruth Miller, .Librarian
Francis E. Carter, City Planner
Harald J. Henriksen, City Engineer
Pete Stone, Police Captain
William Erickson, Sr. Building Inspector
Scot Yotsuya, Assistant to City Manager
Kevin O'Connor, Theatre Manager
Ferrell Morgan, Library Automation Services
Robert L. Shand, City Clerk -Treasurer
Judy McDonnell, Executive Secretary
INVOCATION AND FLAG SALUTE
The Invocation was delivered by Councilman Jackman. The Flag Salute was led
by Councilman Davila.
Mayor Cormack opened the hearing on Amendment to Ibwney Municipal Code re-
garding Temg�orary Outdoor Display and Sales. He inquired i.f the City Clerk had
the Proof of Publication, and the response was yes.
Proof. It was moved by Councilman Jackman and so ordered to receive and file the
Mr. Carter reported on the proposed Ordinance which would allow four outdoor
sales per year with a 20-day accumilated time period, and the sales can only be
an extension of an existing business. He said the display area shall not occupy
more than ten percent of the required parking spaces for the applicant's business
nor encroach on required driveways or public rights -of -way, nor impede emergency
vehicle access to any other business. He reciewed other restrictions contained
in the proposed Ordinance. Mr. Carter mentioned the Ordinance also asks that a
fee be established for the permits.
Mayor Cormack inquired if the City Clerk had received any correspondence, and
the response was no.
There being no one present to speak in favor, Mayor Cormack asked if anyone
wished to speak in opposition.
Gloria Reed, 12161 Paramount Boulevard, representing the Downey Merchants
Group, inquired regarding the proposed amount to be established for the fee and
was told this would be done by Resolution. She then stated that in checking with
the merchants, they concur with the Ordinance as to the four times a year and the
amunt of days, but they feel a $50 fee would be too high, particularly for the
small business.
Mr. Ovrom mentioned the resolution to set the fee is on tonight's agenda, and
staff is recommending $50.00.
There being no one else wishing to speak, it was moved by Councilman Jacknr ,
seconded by Councilman Quinn, and so ordered to close the hearing.
R
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE Day MUNICIPAL CODE BY ADDING SECTION 9136.17
WHICH RELATES To TEMPORARY OUTDOOR DISPLAY AND SALES
The Ordinance was read by title only. It was moved by Councilman Jackman,
seconded by Councilman Quinn, and passed by unanimous vote to waive further read-
ing and to introduce the Ordinance.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DAY
ESTABLISHING A FEE FOR A TEMPORARY OUTDOOR DISPLAY AND
SALES PERMIT
The Resolution was read by title only. It was moved by Councilman Jackman
and seconded by Councilman Quinn to waive further reading and to adopt the
Resolution.
Councilman Jackman feels consideration should be given to the smaller merchant
and he asked about the fee being established on percentage of gross receipts.
Mr. Ovrom said this is a regulatory ordinance, and.the fee cannot generate a
profit for the City.
Mr. Newton concurred and mentioned a fee can be measured by gross receipts
if the maximum amount does not exceed the cost for administration.
Councilman Jackman recommended ended directing staff to bring back a suggested fee
schedule based on total sales with a mexirmun.
Councilman Barb expressed his opposition to establishing a percentage of
gross receipts as a basis for a permit fee. He also questioned how it would be
enforced.
Councilman Davila preferred setting the fee at $25.
Councilman Quinn would be willing to go along with $20-$25.
Mayor Commack feels a fee should be established to cover only the paperwork
involved.
It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed
by unaniumus vote to delay action on the Resolution and direct staff to comee back
with an alternate method of either a flat rate or a varied rate, something that
is fair to all.
REMOVAL OF ITEMS FROM CONSENT CALENDAR
Agenda Items VIII-F-3, Resolution granting Zone Variance #266; and VIII-F-4,
Resolution appointing Norman Sipple to the Library Advisory Board.
CONSENT CALENDAR
It was moved by Councilman Jackman, seconded by Councilman Barb, and passed
by the follaaing vote to approve the Remainder of the Consent Calendar:
Minutes: Regular Meeting of June 28, 1983; Adjourned Regular Meeting of
July 5, 1983 (6:30 p.m.); and Adjourned Regular Meeting of July 5, 1983
(7:30 p.m.
Correspondence from Assemblyman Sam Farr regarding Assembly Bill 2099,
Parklands Bond Act of 1984.
Legal Claim for Rejection: Ref. #630, Dallas Spaulding.
S.S. Pro-iect #370/371, Citv Wide Chip and Slurry Seal for Fiscal Year 1983-84:
26-16371).
General Warrants: #211113 - 211138; #312068 - 312454: $1,537,791.18.
Council Minutes 8/9/83 -2-
2as-9
RESOLUTION NO. 4287
RESOLUTION NO. 4288
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEy
_ AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT N0. X-7977
WITH THE STATE OF CALIFORNIA DEPAFMv]ENr OF TRANSPORTATION
FOR POLICE SECURITY PATROL IN THE I-105 FREEWM AREA
AYES: 5 Council members. Jackman, Barb, Davila, Quinn, Cormack
RESOLUTION NO. 4289
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
GRANTING ZONE VARIANCE NO. 266 (8026 Stewart & Gray Road)
The Resolution was read by title only.
Councilman Barb recalled it was discussed last meeting that the variance would
be granted to the present owner and any future owner would have to re -apply for a
variance, and this is not included as a condition. He said a future business coming
in could change the type of business and affect the parking. There needs to be
future protection for the neighborhood and shopping area.
Mr. Carter indicated that if "personality" is added as a condition, the owner
could have difficulty selling his business in the future.
Councilman Barb questioned how the variance can be granted since, in his
opinion, it is against the laws of the community. He asked how this would not be
granting a special priviledge.
Mr. Newton replied a variance is an approval of a departure from a strict
application of the Code, and it is required to be based upon a finding of special
circumstances that exist in relation to the property which justify that departure.
It is a priviledge for the property, not an individual, and is based on a hardship
that exists in the use of the property unless the variance is approved. Mr. Newton
does not believe it would be considered a grant of special priviledge to an indi-
vidual if the Council concluded the circumstances surrounding this property and the
hardship relating to its use justify approval of the application. He defined
special circumstances that could inpact the property.
Discussion followed.
When asked about a possible remedy in the event there were future problems
with _parking, Mr. Newton explained unless there is provision for review of the
variance at a later date, then it confers upon the owner of the business a vested
property right, and the Council would not have the power to take it away unless
it constituted a public nuisance. A condition can be attached to approval that
the variance would be reviewed within a certain period of time, and if it is con-
sidered the variance should not continue, then action could be taken.
Councilman Davila does not feel it is fair to the owner of the business since
he is not present to hear the discussions.
Mr. Newton drafted Condition No. 4 under Section 3, to read as follows: "The
Variance shall terminate upon transfer of ownership of the business by the present
owner, unless approval of such transfer is granted by the Planning Commission. No
public hearing shall be required for such consideration by the Planning Commission."
It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed
by the following vote to waive further reading and to adopt Resolution No. 4289,
as amended by the City Attorney.
AYES: 4 Council Members: Jackman, Davila, Quinn, Cormack
NOES: 1 Council Member: Barb
Council Minutes 8/9/83 -3-
7d(,o
RESOLUTION NO. 4290
... •.• • • �91 - • • • 4• • I� I• 'JI- •
The Resolution was read by title only. It was moved by Councilman Quinn,
seconded by Councilman Jackman, and passed by unanimous vote to waive further
reading and to adopt Resolution No. 4290.
ORAL COMMUNICATIONS - Items not on Agenda
Councilman Davila raised a question regarding attendance of Council Members at
closed sessions.
Councilman Jackman suggested continuing discussion in closed session, at which
time all Council Members would be present.
ORDINANCE NO. 726
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DGWNEY
AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF
THE DgaNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 652,
Z0I\1E CHANGE CASE NO. 194
(North of Benares St. west of Old River School Rd.)
ORDINANCE NO. 727
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF D99NFY
AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF
THE D0REy MUNICIPAL CODE (PLANNING RESOLUTION No. 653,
ZONE CHANGE CASE NO. 197)
(East side of Lakewood Bl., Mory St. to Donovan St.)
ORDINANCE NO. 728
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF D0ZEY
AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF
THE DCW= MUNICIPAL CODE (PLANNING RESOLUTION NO. 656,
ZONE CHANGE CASE NO. 198
(Properties bounded by Lakewood B1., Bellflcwer B1. & Hall Rd.)
ORDINANCE NO. 729
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF D06IZZY
AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF
THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 657,
ZONE CHANGE CASE NO. 199)
(Cornuta Av. & Belcher St. bet. Woodruff Av. & Foster Rd.)
The Ordinances were read by title only. It was moved by Councilman Jackman,
seconded by Councilman Barb, and passed by the following vote to waive further
reading and to adopt Ordinance Nos. 726, 727, 728, and 729.
AYES: 4 Council Members: Jackman, Barb, Quinn, Cormack
NOES: 1 Council MemberR Davila
RESOLUTIONS
The Resolution appmvin Memorandum of Understandi.n with the California
Teamsters, Local 911, was deferred to closed session adopted on Paae 6).
It was moved by Councilman Jackman and seconded by Councilman Quinn to
reconcrend approval by the Downey Civic Center Corporation of Library Project Change
Order No. 9 under Cash Contract ##491.
Councilman Jackman asked who overlooked the fact that the existing walls were
not permanent in the computer room.
Mr. Henriksen replied it was overlooked in the architect's original plans.
Council Minutes 8/9/83
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21261
Councilman Jackman said the architect should pay for the change order.
Mr. Newton stated there is a provision in the contract with the architect
which provides that any defects in performance by the architect are to be called
to his attention in writing, and any disputes that thereafter exist between the
City and the architect are subject to arbitration.
Councilman Jackman said the architect should be notified in writing that he
has made an error and the City wants to have it arbitrated.
Mr. Newton explained the change orders could be approved subject to pursuing
any rights the City may have against the architect as to responsibility for the
costs of the changes.
It was moved by Councilman Jackman and seconded by Councilman Quinn to amend
the motion to approve the change orders subject to negotiations with the architect
and contractor as to who is responsible.
Councilman Barb referred to Item 2 pertaining to the walls in the computer
room and questioned the need to "fast track" the work, which requires overtime pay.
He said the price should include straight time. He also questioned Item 3 for
aesthetic changes.
Discussion followed.
Mr. Henriksen said Items 1 and 2 have not been performed but Item 3 has. He
then commented on Item 2 concerning permanent walls for the Library computer room,
renovation of the existing Library, and proposed shut -down time for the computer.
Discussion was held regarding the method of storing the computer during the
renovation period.
Mr. Henriksen responded to further questions concerning the change orders and
storage of the computer during the "down time."
Mr. Nbrgan was asked if there is a warranty or written agreement on the
computer that deals with the type of environment that must be maintained. He re-
plied yes, that the requirments pertain to temperature and dust -free environemnt.
Councilman Barb made an amended motion to deny rather than approve. There
was no second.
Mr. Henriksen mentioned the carpenters' strike is holding up construction.
Councilman Jackman withdrew his motion; Councilman Quinn withdrew his second.
It was then moved by Councilman Jackman, seconded by Councilman Quinn, and
passed by unanimous vote to postpone action until the next regular scheduled meting.
It was moved by Councilman Barb, seconded by Councilman Quinn, and passed by
unanimous vote to allocate $2,400 from Gas Tax Fund balance (Fund 26) to Account
#26-16385 as Downey's share of a joint Downey/South Gate Channelization Project for
Garfield Avenue.
It was moved by Councilman Jackman, seconded by Councilman Davila, and passed
by unanimous vote to authorize installation of ten (handicap) ramps on Paramount
Boulevard between imperial Hi way and Firestone Boulevard and the co letion of
sidewalks at the corner of Depalma Street. (Tns work could be car-pleted at an
estimated cost of approximately 51000.
It was moved by Councilman Davila, seconded by Councilman Quinn, and passed
by the following vote to accept the Recreation & Community Services Commission's
and Staff 's recommendations to approve the concert series for the Downey Community
Theatre and appropriate $22,500 from unappropriated General Funds to be used as
Advance Funds for the season presentation. Funds derived from ticket sales will
accrue back to the City to repay this advance.
Councilman Jackman said Downey has one of the finest Civic Light opera cony
Panes in the Country and should do whatever it can to help them with productions.
AYFS: 5 Council Zbobers: Jackman, Barb, Davila, Quinn, Cormack
Council Minutes 8/9/83 -5-
%M
It was moved by Councilman Barb, seconded by Councilman Jackman, and passed
by unanimous vote to approve an interest only plan with the interest rate to
equal the City,s weighted portfolio yields, and with payments due monthly on
Continuation of Golf Course Repayment Plan.
The Contract for Library Moving and Storage Services was held over to the next
meeting.
An adjourned regular meeting was set for 5:30 p.m., August 16, 1983, for con-
sideration of the 1983-84 Capital Improvement Budget.
At the request of the City Manager, the proposed Reorganization Plan was taken
off the Agenda.
It was moved by Councilman Quinn, seconded by Councilman Barb, and passed by
the following vote to approve the AgreeTent with the Downey Chamber of Commerce.
Councilman Barb referred to Paragraph 1 concerning payment of $20,000 to the
Chamber out of the General Fund and said it was his request there might be other
sources for that money.
Mr. Ovron responded he has not had a chance to look into it but if the Council
wants to delete reference to the General Fund staff would have no objection.
Staff was asked to contact the President of the Chamber to set up a meeting
between Councilman Jackman and Mayor Cormack to discuss the general goals for the
City and signs.
AYES: 5 Council blonbers: Jackmanr Barb, Davila, Quinn, Cormack
ORAL COM' INIICATIONS - City Council
Councilman Jackman indicated he would like to go back to using the gray folders
for his Agenda material.
Councilman Davila requested a gray folder in addition to his binder, for filing
purposes.
ORAL COMMUNICATIONS - Audience
Susie Villa thanked the Council for approving the Handicap Ramps on Paramount
Boulevard.
Lennie Whittington, 8542 Manatee, referred to Resolution No. 3885 concerning
Tape Recordings of Council Meetings which says there shall be no re -taping of the
tape record of the Council meeting. He read Section 6250 of the Government Code,
Public Records Act, and said Resolution 3885 appears to be in direct conflict with
State law. He asked if the Council is aware of this conflict.
Mr. Newton suggested the Council not respond at this time in that he is in
communication with the office of an attorney representing an organization which
has announced its intention to sue the City with respect to this issue.
Mr. Whittington inquired regarding the costs for a recent mail -out.
Mayor Cormack replied it was a small amount of around $100-$200.
CLOSED SESSION
Mayor Cormack recessed the meeting to closed session from 9:12 p.m. to 10:04
p.m. to discuss personnel and litigation. The meeting resumed with all Council
Members present.
RESOLUTION
RESOLUTION NO. 4291
• -11MEW'"111210014 N• • • F • I�1•
OUR
The Resolution was read by title only. It was moved by Councilman Jackman,
seconded by Councilman Quinn, and passed by unanimous vote to waive further read-
ing and to adopt Resolution No. 4291.
Council Minutes 8/9/83 -6-
Liie iteeung was a4]ournea at iu:05 p.
Council Chamber of the Downey City Hall re
Robert L. Shand, City C. erk-Treasurer
m. to 5:30 p.m., August 16, 1983, in the
ga-rd—ing Cpita . Improvement Budget.
yor
Council Minutes 8/9/83 -7-
1INUTES OF THE CITY COUNCIL,
OF THE CITY OF DMMy
AUGUST 9, 1983
On Page 2 of the Council Minutes of August 9, 1983, the following Resolu-
tion should be inserted under the Consent Calendar:
RESOLUTION NO. 4292
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEy
ACCEPTING OFFER OF DEDICATION AS A PUBLIC ROAD OF THAT
CERTAIN FIFTEEN FOOT WIDE FUTURE STREET LYING EASTERLY
OF PARAMOUNT BOULEVARD AND DESIGNATED AS BERGNIAN LANE
�f ��1�
Robert L. Shand
City Clerk -Treasurer