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HomeMy WebLinkAboutMinutes-12-27-83-Regular MeetingM]NUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEM ER 27, 1983 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Ord. amending the Zoning Map - Zone Change Case #206, SE corner Pararmunt & Telegraph Introduced 1 Tentative Tract Map #42943, 9400 Gallatin Hearing cont'd. to January 10, 1984 2 Minutes: Reg. Mtgs. of November 22, 1983, & December 13, 1983 Approved 2 CC #515, Sidewalk & Handicap Ramps - Various Locations: Plans & specs & auth. to adv. Approved 2 CC #451, Tennis Court Resurfacing at Independence & Funnan Parks: Accept maintenance responsibility Approved 2 General Warrants: #211485 - 211527 #314613 - 314898 Approved 2 Ord. amending DMC re Bicycle License Referred back to staff for clarification 2 Ord. #743, to amend Ord. #444 imposing a Sales & Use Tax (Urgency) Adopted 3 Fes. #4336, Prohibiting Parking Any Time (Taw -Away) on W/s Klondike bet. Golden & Roosevelt Aves. Adopted3 Res. #4337, Establishing City Offices shall remain open to public on Martin Luther King, Jr. Day, 3rd Monday in January Adopted 3 Res. #4338, Setting auth. levels for settling Liability Claims Adopted 3 Revised Adm. Reg. re Liability Ins. Program Approved 3 Res. #4339, Commending R. Miller, Librarian Adopted 4 Use of City Water Billing Mailing by Commmumity Based Non-profit organizations to disseminate literature to public: Establish policy Rejected 4 Bus turn -out on N/s Firestone Bl. E/o Brookshire Av.: Direct staff to proceed w/design; prepare legal dociments & proceed w/necessary acquisition of R/W from School Dist. & subm. appl. for use of Prop A Finds to finance construction Approved 4 Budget for Comm. Dev. Block Grant Jobs Bill Approved 4 Reverse layout of parking spaces for City Council & City Mgr. at new City Hall Approved 4 Request for use of Community Access Funds to replace Sound & Lighting System at Downey Theatre Referred to staff 5 Closed session re pending and potential litigation 5 Offer of sculpture for Downey Museum of Art To be placed on next Agenda; staff to contact Art Museum for further details 5 Library Dedication Staff to schedule from 4-6p.m. any day but Friday, Saturday or Sunday 5 Page 1 of 2 •• • IY Y •}MYI I' ' __z_ _ • 11 Y • • 1 71• F. Mastri. Questions re Council residence L. M-littington: Questions re Hospital D. Ray: Hospital Meeting adjourned to 6:30 p.m., January 10, 1984, re Civic Center Refinancing PACE NO. 5 5 5 6 Page 2 of 2 %3 /3 MINUTES OF THE CITY COUNCIL OF THE CITY OF DM= DECEMBER 27, 1983 The City Council of the City of Downey held a regular meeting at 7:30 p.m., December 27, 1983, in the Council Chamber of the Downey City Hall, Mayor Robert G. Cormack presiding. PRESENT: Council Members: G. Cormack Mayor Ted H. Jackman Mayor Pro Tem Randall R. Barb Bob Davila James T. Quinn ALSO PRESENT: Bud Ovrom, City Manager Carl K. Newton, City Attorney William A. Ralph, Director of Public Works James R. Cutts, Director of Community Development Lee Powell, Director of Administrative Services William F. Martin, Police Chief William Summer, Fire Marshal Alta Duke, Social Services Division Manager Kevin O'Connor, Theatre Manager Scot Yotsuya, Assistant to the City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was led by Councilman Jackman. COunci.lman Barb. PRESENTATIONS: None Mayor Cormack opened the hearing on Zone corner of Paramount Boulevard and Telecrranh RR The Flag Salute was led by Case No. 206 response was yes. It was moved by Councilman Jackman, seconded by Councilman Quinn, and so ordered to receive and file the Proof. Mr. Cutts reported on the proposed change of zone from R-1 5,000 single family residential to C-2 general =mlercial. The surrounding properties are basically zoned for =mercial. He referred to displayed renderings of the conver- cial development proposed for the subject property. Mayor Commack inquired if the City Clerk had received any correspondence, and the response was no. Mayor Cormack then asked if anyone wished to speak in favor of the zone change. Mr. Tom Lunnen, 5150 East Pacific Coast Highway, Lang Beach, said he is a developer specializing in development of neighborhood retail type shopping centers. He is in contract to purchase the subject property, and he proposes to re -zone the southern 100 feet of the parcel to comply with conmercial zoning already in place on the rest of the property. There being no one else to speak in favor and no one to speak in opposition, it was moved by Councilman Jackman, seconded by Councilman Quinn, and so ordered to close the hearing. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Da4N Y AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 707, ZONE CHANGE CASE NO. 206) Council Minutes 12/27/83 -1- �3` 4 The Ordinance 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 introduce the Ordinance. Mayor Cormack opened the hearing on Tentative Tract Map No. 42943, 9400 Gallatin Road. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Jackman, seconded by Councilman Barb, and so ordered to receive and file the Proof. Mr. Ovscn said letters have been received from the appellant and applicant, as well as others requesting continuation of this hearing until January 10, 1984. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to continue the hearing on Tentative Tract Map No. 42943 to 7:30 p.m., January 10, 1984, in the Council Chamber of the Downey City Hall. REMOVAL OF ITEMS FROM CONSENT CALENDAR: None CONSENT CALENDAR It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to approve the Consent Calendar: Minutes: Regular Meetings of Novenber 22, 1983, and December 13, 1983. Cash Contract #515, Sidewalk and Handicap Ramps - Various locations: Plans and specifications and grant authority to ad sase for bids. Cash Contract #451. Tennis Court Resurfacina at Independence and Furman Parks: General Warrants: #211485 - 211527; #314613 - 314898: $1,046,042.04. AYES: 5 Council Members: Jackman, Barb, Davila, Quinn, Cormack ORAL COMnMCATIONS - Items not on Agenda: None ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 1200, 3201 AND 3206 AND ADDING SECTION 3208 TO THE D=ZEY MUNICIPAL CODE (Bicycle License) The Ordinance was read by title only. It was moved by Councilman Jack = and seconded by Councilman Quinn to waive further reading and to adopt the Ordinance. It was moved by Councilman Davila to amend the Ordinance to make the violation an infraction instead of 'a misdemeanor. The motion died for lack of a second. It was moved by Councilman Davila and seconded by Councilman Barb to amend the Ordinance, Section 3206, to change "annual fee" to a "one time fee." Councilua n Barb commented it would be difficult for the parents to take their small children and bikes to the licensing locations. If they don't take the bikes when obtaining the license, the license could be placed on another bike. Marshal Sumner said the licenses are currently issued for a three year period. It was pointed out that this ordinance establishes an annual fee. Chief Martin said it was his understanding the only change in the ordinance was to bring the City into coripliance with State law. During discussion, Mr. Newton explained the City's Code is subject to review to determine what violations should be properly classified as infractions rather than a misdemeanor. However, bicycle licenses should not be classified as infractions until there is a full review of the City's codes. There being no objections, the Ordinance was referred back to staff for clarification. Council Minutes 12/27/83 -2- ORDINANCE NO. 743 • • • • /• Y • 91 MI • • 1 • Y • • 1�1 • •' • Y • Y • • • • I` •� Y y� • p •.. I 7I ! 191• • Y71 The Ordinance was read in its entirety. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by unanimous vote to adopt the Ordinance. RESOLUTIONS RESOLUTION NO. 4336 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING PARKING AT ANY TIME (TOW -AWAY ZONE) ALONG THE WEST SIDE OF KLONDIKE STREET BETWEEN GOLDEN AND ROOSEVELT AVENUES 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 the Resolution. RESOLUTION NO. 4337 • • • Y I M •• • I • N I Y Y 1 • Y " •' YI • 1 • 1 •S•M • 191• •• ••- • P•� 1 '•�• !• Y 1 Y'• • •• •-� 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 the Resolution. RESOLUTION NO. 4338 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SETTING AUTHORIZATION LEVELS FOR SETTLING LIABILITY CLAIMS The Resolution was read by title only. It was moved by Councilman Quinn and seconded by Councilman Jackman to approve the revised Administrative Regulation with regard to the Liability Insurance Program. Councilman Jackman feels the amount of $10,000 for which staff may approve a claim is too high without having Council approval. He suggested the amount be re- duced to $5,000. It was noted the City's claims adjuster has the authority to settle claims up to $1,000. It was moved by Councilman Jackman and seconded by Councilman Quinn to amend the motion to read "$5,000 limit for the risk manager or staff to approve..." and after that it would go to the Council. (See motion withdrawn.) Discussion was held regarding the revised Administrative Regulation. Upon advice that the amendment to the motion should be an amendment to the Resolution, the motion and second to amend were withdrawn. Councilman Barb expressed concern regarding the way this is to be handled. He then questioned the procedure of providing claim information to the Council. It was suggested an amendment could be made to Section 5.12 of the Administra- tive Regulation adding to the end of the paragraph, "a report as to all settlements shall be provided to the City Council." Mr. Powell mentioned Section 5.6 deals with the responsibility of the Risk Manager, which mentions that all interested parties will be kept informed of the status of claims, and he assures that would include Council Members. The Risk Manager will also compile a statistical data base of all the claims, which will allow the Council to be better informed of the type of claims being processed and their status. Council Minutes 12/27/83 -3- �Y Mayor cormack suggested amending Section 5.6 of the Administrative Regulation, second sentence, after the words "Risk Manager will," insert "report to City Council and." councilman Barb raised further concern regarding the legal claim procedure. Mayor Cormack so ordered the amenctnent to Section 5.6 of the Administrative Regulation. The Resolution was re -read by title only. it was moved by Councilman Quinn, seccnded by Councilman Jackman, and passed by unanimous vote to waive further read- ing and to adopt the Resolution changing $10,000 to $5,000. RESOLUTION NO. 4339 'J7t• •; • 1 • M • 1 • •• WOW9 IBI k, I •: " 'ks WVNW Y t MP 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 the Resolution. It was moved by Councilman Davila, seconded by Councilman Quinn, and passed by the following vote to reject the establishment of a policy that will permit Use of City Water. Billing Nailing by Community Based Non -Profit Organizations to disseam- Mr. Joel Lubin, 7820 Allengrove, indicated it is his understanding the post office does not permit two mailers from separate parties to be included in one envelope, and he concurred with the Council's action on this matter. AYES: 5 Council Members: Jackman, Barb, Davila, Quinn, Cormack It was moved by Councilman Davila, seconded by Councilman Jackman, and passed by the following vote to direct staff to proceed with design of a bus turn -out on the north side of Firestone Boulevard east of Brookshire Avenue; prepare the legal documents and proceed with necessary aaluisition of right-of-way from the School District; and submit an application for use of Prop A funds to finance construction of the bus turn -out. Councilman Barb voiced disapproval to the continued widening of Firestone Boulevard. He also said enrollment is down at the School and that traffic studies have not shown Firestone Boulevard traffic to be increasing. Councilman Barb indi- cated that of all the intersections on Firestone, this intersection has below average traffic accidents. Councilman Cormack expressed concern that this does seem to tie in with the eventual widening of Firestone, which he is opposed to. Councilman Jackman is also opposed to the widening of Firestone, but he does not see this as a widening project. He said the bus lane will help to facilitate traffic. AYES: 3 Council Members: Jackman, Davila, Quinn NOES: 2 Council Members: Barb, Cormack It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by the following vote to adopt the budget for Commrdty Development Block Grant Job's Bill as outlined in the staff report. AYES: 4 Council Members: Jackman, Davila, Quinn, Cormack NOES: 1 Council Member: Barb It was moved by Councilman Quinn and seconded by Councilman Davila to approve a proposal for six parking stalls to be used by the CityCouncil and City Manager at the new City Hall. See later motion. Councilman Jackman said the configuration shown in not what the Council had recomTended. A discussion was held regarding the turning radius. Council Minutes 12/27/83 -4- �'J Y7 It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to approve the reverse layout of the parking spaces for City Council and City Manager. It was moved by Councilman Quinn, seconded by Councilman Davila, and passed by the following vote that the request for use of Community Access Fiends to replace Sound and Lighting System at the Downey Theatre be referred to staff. Councilman Jackman asked if the improvements to be made would allow the Theatre to be used as a studio. Mr. Ovrcm replied this has not been determined as yet. The Cable TV company has been contacted for their advice on this matter. AYES: 5 Council Members: Jackman, Barb, Davila, Quinn, Cormack CLOSED SESSION The meeting was recessed to closed session from 8:40 p.m. to 9:14 p.m. to discuss pending or potential litigation. The meeting resumed with all Council Members present. ORAL CUMXMICATICNS - City Council Councilman Quinn mentioned the Downey Museum of Art has received another offer from the artist of a sculpture in similar design and different color. He asked that this matter be placed on the agenda so that the Council can see what is pro- posed and discuss where it will be located. There being no objections, it will be placed on the next agenda. Staff was directed to contact the Art Museum for further details. Mr. Ovrcm requested Council decision regarding the Library Dedication. He said there have been some objections to the dedication being held on a Sunday. He ques- tioned whether the tentative date of the dedication is irrevocable or whether it _ could be changed. He suggested a policy, whereby in the future, dedications will not be held on a Sunday. Councilman Barb made a motion to re-evaluate this matter and select a new day that coincides with staff's schedule and the community, at a time when the Library will be open. During discussion, Mrs. Duke explained it was felt Sunday would be a better day so as to not interrupt public use of the Library and to encourage families to come to the dedication. A speaker, Mr. Jack Smith, would be available on that particular day. The majority of the Council preferred a day other than Sunday. When it was indicated the dedication date has been tentatively set for February 5th, Councilman Barb suggested it be moved forward to the 6th. Staff was asked to schedule the Library dedication from 4:00 to 6:00 in the afternoon, any day but Friday, Saturday or Sunday. ORAL COMNNNICATIONS - Audience Mr. Fred Mastri, 8331 Everest Street, asked Councilman Barb it he has changed his residence out of District 4. Councilman Barb replied he has not moved out of his district but has changed his address. He has changed his voter registration to his new address. Mr. Lennie Whittington, 8542 Manatee, distributed information to the Council concerning resolutions dating back to 1967 concerning the Downey Community Hospital and questioned whether those actions should have been taken by ordinance rather than resolution and whether the Downey Community Hospital Authority has been acting as a legal body. He requested an answer from the City Attorney and that it be given at an open meeting. Mayor Cormack said he will discuss this after the meeting with the City Attorney. Council Minutes 12/27/83 -5- 15 � Mr. David Ray, 7338 Nada, requested that when reviewing Mr. Whittington's questions, consideration be given to the letter to the Council from the City Attorney indicating that the giving up of reversionary rights had to be done by ordinance. ADJOURzE7T: 9:42 p.m. The meeting was adjourned to 6:30 p.m., January 10, 1984, in the Council Chamber of the Downey City 'Hal 1, regarding Civic Center Refinancing. Robert L. Shand, a Clerk -Treasurer G. ck, Mayor�- Council Minutes 12/27/83 -6-