HomeMy WebLinkAboutMinutes-03-13-84-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF D9MEY
MARCH 13, 1984
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Proclamation declaring March 17th as 74th
Birthday of Campfire Girls 1
Removal of Items from Consent Calendar 1
Minutes: Adj. Reg. Mtg., February 28,
1984; & Reg. Mtg.; February 28, 1984 Approved 1
Legal Claims for Rejection: Ref. #612,
656 & 657 Approved 1
CC #505B, Council Chamber - Audio Visual
Systems: Recamiend approval by Downey
Civic Center Corp. of Change Order #1 for
tine ext. to Cibola Systems Corp. Approved 1
General Warrants: #211709 - 211759
#316120 - 316492 Approved 1
Res. #4365, rescinding Res. #3088 &
portion of 3711 of 2-hr. Parking fram lam
to 6pm B/s Alameda St. bet. Lakewood &
Blodgett & B/s Marbel bet. Alameda & Boyne Adopted 1
Res. #4366, Apprvg. Final Subdiv. Map of
Tract #36588 (7839-45 Cole St.) Adopted 2
Res. #4363, Honoring Women Achievers
during Women's Achievezpnt Week Adopted 2
Res. #4367, Enabling Destruction of Certain
Obsolete Records (Recall & Referendum
Petitions) Adopted 2
Report on Ultralight Program Received & filed 2
Soozie Villa Kelley: Submitted list of
streets along Paramount B1. in need of
Handicap Ramps 2
Fireworks Stands: Direct City Attorney to
prepare Urgency Ord. as outlined by Council Approved 2
Ken Miller requested info re legal costs
incurred by City concerning Hospital Lease 3
Bullet Train - Meeting
Ord. #749, amending Zoning Map (Zone
Scheduled for 7:00 p.m., March 20th 3
Change #208) (7802 Stewart & Gray Rd.) Adopted 3
Ord. repealing provisions of Art. VIII of introduced; hearing set for April 10,
DMC & adding new Art. VIII thereto 1984; staff to bring back list of
(Bldg. Regulations) items different from the Bldg. Code 3
Hondo St. at Richeon Av. - Install 4-way Approved; staff to bring back
stop signs Resolution next meeting
CC #511, Roofing of Rio Hondo Country
Club: Award contract to Coast Roof Co. Approved
CC #485, Civic Center Const. - Change
Order #20: Change Order (without time
extension) & reserve right to claim against
responsible party Approved
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SUBJECT
Study of Water Facilities - Route 105
Freeway: Auth. Maor to enter into A mt.
w/James M. Montganery, Consulting
Engineers
Appeal, Zone Variance #314, 8130 Primrose
ACTION
• -.
Hearing set for March 27, 1984
Street Lighting Report AD 121: Receive &
file & auth. staff prepare by April loth
approp. rpts. & recommendations for a
public hrg. on reorganization of Ltg. Dist.
in May 1984 in conjunctn. w/budget hrg. Approved
Joel Lubin & Bob Verderber req. Council
support of Senate Bill 2066 re Registratn. Ref. to Dir. Public Works for
of Professional Engineers report by March 20th meeting
Speakers re Courthouse in Civic Center
Motion for Ch. Davila to send letter in
opposition to Courthouse in Civic Center,
to be sent to same people who received
City letter Tabled
Cn. Quinn opposed to Courthouse in
Civic Center
Meeting adjourned to 7:00 p.m., March 20,
1984, re Bullet Train
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
MARCH 13, 1984
The City Council of the City of Downey held a regular meeting at 7:30 p.m.,
March 13, 1984, in the Council Chamber of the Downey City Hall, Mayor Robert G.
Cormack presiding.
PENT: Council Members:
Robert G. Cormack Mayor
Ted H. Jackman Mayor Pro Tern
Randall R. Barb
Bob Davila
Janes T. Quinn
ALSO PRESENT: Bud Ovrom, City Manager
Carl K. Newton, City Attorney
William A. Ralph, Director of Public Works
Jams R. Cutts, Director of Community Development
Lee Powell, Director of Administrative Services
William F. Martin, Police Chief
Don Davis, Fire Chief
James R. Jarrett, Acting Director of Community Services
Harald J. Henriksen, City Engineer
William Gilland, Building Official
William Summer, Fire Marshal
Charles G. Eccleston, Traffic Engineer
Scot Yotsuya, Assistant to the City Manager
Robert L. Shand, City Cleric -Treasurer
Judy McDonnell, Executive Secretary
The Invocation was delivered by Councilman Jackman. The Flag Salute was led
by the Smurf Set Blue Birds.
Mayor Cormack presented to Mrs. Cox, leader of the Smurf Set Blue Birds, a
Proclamation declaring March 17th as the 74th Birthday of the Campfire Girls.
HEARINGS: None
REMOVAL OF ITEMS FROM CONSENT CALENDAR
Agenda Item VIII-F-1, Annual. Report - Ultralight Aircraft, was removed from
the Consent Calendar.
CONSENT CALENDAR
It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed
by the following vote to approve the Rnamainder of the Consent Calendar:
Minutes:
Claims for
of February 28, 1984; and Reqular Meet -
Ref. #612, County of Los
Cash Contract #505B, Council Chamber - Audio Visual Systems: Recommend
approval by the Downey Civic Center Corporation of Change Order No. 1 for a
time extension of 215 days to Cibola Systems Corporation of Orange.
General Warrants: #211709 - 211759; #316120 - 316492: $1,333,434.75.
RESOLUTION NO. 4365
Council Minutes 3/13/84 -1-
73gl
RESSOLUTION NO. 4366
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 36588
(7839-45 COLE STREET)
RESOLUTION NO. 4363
• •• •. 171 •N • l • • •.ru 17 •M 71 171 ii
RESOLUTION NO. 4367
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ENABLING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS —
(Recall and Referendiun Petitions)
AYES: 5 Council Dhmmbers: Jackman, Barb, Davila, Quinn, Cormack
It was moved by Councilman Davila, seconded by Councilman Jackman, and passed
by the following vote to receive and file the Report on the Ultralight Program.
Councilman Davila would like to know the future annual operating costs for
the ultralight and whether it will be more than the $7.50 an hour originally
predicted.
Mr. Ovrom explained it will be spelled out in the budget.
AYES: 5 Council Members: Jackman, Barb, Davila, Quinn, Cormack
Soozie Villa Kelley, Director of Architectural Barriers for the City of
Downey California Association for the Physically Handicapped, submitted a list of
streets along Paramount Boulevard where handicapped reaps have not been installed.
Mike Crowell, representing Boy Scout Troop 813, expressed their disappointment
at not being one of the 17 applicants selected in the drawing by chance for a
Fireworks Stand. He said they were not informed when the drawing could take place,
and they havean inventory left over from their stand last year.
Fire Marshal Simmer explained the procedure has been established by Ordinance
and gives everyone equal opportunity to operate a fireworks stand. He said the
limit was set at one stand for every 5,000 residents, or part thereof, and if that
number was exceeded, the drawing by chance would ensure everyone a fair opportunity
to have their name drawn. This is the first year the number has been exceeded.
It was moved by Councilman Barb to interpret the word "chance" to man only
those in excess who have not been involved prior.
Mr. Newton was asked if the Ordinance could be interpreted, whereby the appli-
cants selected by chance would be restricted to newcomers, and he replied no. He
said a preference cannot be established unless it has been done by an administrative
regulation previously approved.
It was indicated that all the applicants had approved locations prior to
applying for the permit.
Councilman Jackman suggested staff bring back an urgency ordinance next meet-
ing increasing the maximum to include the four organizations. The ordinance would
be operative just for this year so that the organizations can be informed before
next year of the drawing process. It should be limited to the four organizations
who have already filed.
It was moved by Councilman Jackman, seconded by Councilman Davila, and passed
by unanimous vote to direct the City Attorney to prepare an urgency Ordinance as
outlined by the Council.
Mr. Dick Knoll, with Troop 813, asked if the qualified applicants for the
Fireworks Stands means just charitable, or charitable and commercial.
Mr. Newton replied the Ordinance provides that all organizations must be
charitable non-profit organizations.
Council Minutes 3/13/84 -2-
930
Mr. Ken Miller, 7336 Cleargrove Drive, said he previously requested a response
as to whether the legal fees incurred by the City concerning the Downey Community
Hospital Tease might be recovered as added rent from the Foundation, and he has not
received an answer.
Mr. Newton replied there was no provision for reimbursement to the Authority
or to the City by the Foundation, based on the dociunents reviewed.
Mr. Miller then carmented on his attempts to determine the total charges the
taxpayers incurred on this matter. The City Attorney's office conducted a study,
and he was informed the information was "attorney -client priviledge." The expendi-
ture of public funds should be a matter of public information, and he would like to
be supplied with that information. He feels someone is responsible for all the
costs involved, and the Council should seek to recover that money.
Councilman Barb said the City ended up in a law suit, and there was a referen-
dum on ,lduch the people voted overwhelmingly in support of the Council's action,
and the Court then ruled in favor of validating the Lease.
Mayor Cormack said he will review this matter and give Mr. Miller an answer.
Mr. Lennie Whittington, 8542 Manatee, said the group of citizens who filed the
law suit against the Resolution approving the Hospital Lease withdrew their suit
and entered into a settlement agreement with the Hospital attorney and City Attorney.
Mr. David Ray, 7338 Nada, concurred that the "Concerned Citizens" did release
the City and are still waiting for that release in writing.
Mr. Newton mentioned the Hospital's counsel has indicated the releases are
being prepared at this time.
Mr. Albert Hendricks, 9348 Lubec, raised questions concerning the vibrations
and noise emanating from the proposed Bullet Train.
Mayor Cormack said questions can be raised at the meeting scheduled for the
Bullet Train issue at 7:00 p.m., March 20, 1984, in the Council Chamber
Mr. Hendricks said there will be three sets of tracks, and he asked how far
south of the present tracks the new ones would begin and whether they would uproot
any homes in the area.
Councilman Quinn replied the Southern Pacific Railroad has a 100-foot easement
all the way through the City, which is ample roan to handle the three tracks.
Mayor Cormack said the Council would prefer to hear both sides before making
a decision.
Ali ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF
THE DAY MUNICIPAL CODE (PLANNING RESOLUTION NO. 728,
ZONE CHANGE CASE NO. 208) (7802 Stewart & Gray Toad)
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 adopt.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNY,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, REPEALING
THE PROVISICUS OF ARTICLE VIII OF THE DOW:g1' MUNICIPAL
CODE, AND ADDING A NEW ARTICLE VIII THERETO
(Building Regulations)
The Ordinance was read by title only. It was moved by Councilman Jackman and
seconded by Councilman Quinn to set a hearing for 7:30 p.m., April 10, 1984, in
the Council Chamber of the Downey City Hall.
Councilman Davila said the material seems complicated, and he would like to
have a study session before the hearing takes place.
Council Minutes 3/13/84 -3-
W1
Councilman Jackman n-vantioned the Building Code is adopted by practically every
city in the United States, and he thinks staff is well qualified to recommend to
the Council what type of code the City should have.
The motion was so ordered.
It was moved by Councilman Jackman, seconded by councilman Quinn, and passed
by the following vote to waive further reading and to introduce.
AYES: 4 Council Members: Jackman, Barb, Quinn, COrmack
NOES: 1 Council Member: Davila
Councilman Davila indicated his "no" vote was to introduction of the ordinance
and not to the waiver of further reading.
Staff was asked to come back with a list of proposed items that are different
than the Uniform Building Code.
Councilman Barb suggested the Ordinance be reviewed by the Planning Commission
or Design Review Board.
ADMINISTRATIVE REPORTS
Hondo Street at Richeon Avenue - Install Traffic Signs
Councilmman Jackman said he has seen the intersection and noticed some skid
marks. There are a lot of children in the area, and this is an intersection where
stop signs should be installed to solve the traffic problems.
It was moved by Councilman Jackman, seconded by Councilman Davila, and passed
by unanimous vote to install four-way stop signs at Hondo Street and Richeon Avenue.
Joanne Mingura, 12346 Richeon, thanked the Council for its action.
Staff to bring back Resolution next meeting.
It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed
by unanimous vote to award a nit price contract totaling $8,736.03 to Coast Roof
Commpany, Inc., for Roofing the Rio Hondo Country Club under Cash Contract #511
(A/C #52-17522).
Mayor Cormack recessed the meeting to closed session from 8:30 p.m. to 8:50
p.m. to discuss pending and potential litigation. The meeting resumed with all
Council Members present.
It was moved by Councilman Jackman and seconded by Councilman Davila to
recommend approval by the Downey Civic Center Corporation of Cash Contract #485,
Civic Center Construction - Change Order No. 20, but reserving the right to any
claims against the responsible party.
Following brief discussion, it was moved by Councilman Jackman, seconded by
Councilman Davila, and passed by unanimous vote to not approve the extension of
time but to approve the change order of six metal door frames.
The motion as amended was passed by unanimous vote.
It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed
by unanimous vote to authorize the Mayor to enter into an Agreement with James M.
i,bntgcmery, Consulting Engineers, Inc., for the study and preparation of plans
for Study of Water Facilities - Route 105 Freeway, and preparation of plans for
the relocation of water facilities within the construction area of the Route 105
Freeway, not to exceed $15,000.
It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed
by unanimous vote to set a hearing on Appeal to Zone Variance #314, 8130 Primrose
Lane, for 7:30 p.m., March 27, 1984, in the Council Chamber of the Downey City Hall.
It was moved by Councilman Jackman, seconded by Councilman Barb, and passed
by the following vote to receive and file the Street Lighting Report AD 121, and
authorize staff to prepare by April loth, appropriate reports and recommendations
required for a public hearing on the reorganization of Lighting District AD 121 in
May 1984 in conjunction with the Budget hearing process.
Mr. Ralph explained that in order to reactivate a Citywide zone (Zone III),
it will require full notification of the City either by posting or by mail of
Council Minutes 3/13/84 -4-
those properties affected and to hold a full public hearing. In addition, it will
be necessary to hold a public hearing to set the rate each year.
Mr. Ovrcm recommended the Citywide lighting district be treated as an item
separate fran the existing zones.
5 Council Members: Jackman, Barb, Davila, Quinn, Cormack
ORAL COMMUNICATIONS - Audience
Mr. Ken Miller, 7336 Cleargrove Drive, said all he is asking is for the Council
to release information concerning the costs related to the Hospital issue.
Mayor Cormack again indicated he will again look into it and give Mr. Miller
an answer.
Mr. Joel Lubin, 7820 Allengrove, requested the Council vote to support Senate
Bill 2066 pertaining to Registration of Professional Engineers.
Mr. Ralph said he has not had a chance to review the Bill, but would like an
opportunity to review it and prepare a summary by the next meeting as to how it
would affect the City, not necessarily his profession.
Council Members agreed they would like more information on this issue.
Mr. Bob verderber, 8127 East Imperial Highway, member of the Planning Commis-
sion, said the Commission voted to support the Bill. The Bill has four major areas
of concern to cities throughout California: It removes from the definition of
Civil Engineering the concept of urban planning and assessing activities; it re-
quires governments to begin enforcing registration of certain positions such as
City Planners; Soil Engineers should be tested to be registered; there should be
an increase in requirements for Civil Engineers, with a combined education and
experience requirement of eight years rather than the current six years; and if
any registration is discontinued in the future, it should go through the
Legislature rather than through the Board.
Mr. Ralph indicated he could have his study completed by the March 20th
meeting on the Bullet Train.
Mr. Lubin said the 23rd of April is the last day the Bill can be heard before
the Senate Business and Professions Committee.
Mr. David Ray, 7338 Nada, inquired regarding a recent mailout concerning the
Civic Center site as the location for the new Courthouse.
Mayor Cormack responded that a flier was sent out stating the City's position
and the reasons for having the Courthouse in the Civic Center. The flier was
mailed out to selected groups in the City.
Mr. Ray suggested rescinding the previous resolution and drafting a new one
to see which Council MaTbers are in favor of the Courthouse in the Civic Center.
Mr. Kenton E. Krogstad, 10407 South Julius Avenue, spoke in opposition to the
letter mailed out concerning the Courthouse issue, which he said was mailed out at
taxpayers' expense. He said an 11-point rebuttal has been prepared and should be
sent to the public as well.
Councilman Davila commented on his objections and said he should have the
right to reach the same people who received the letter so they will know both sides
of the story. He made a motion that his letter go out to the same people as the
previous letter, expressing his opposition to location of the Courthouse in the
Civic Center.
Mayor Cormack said he only makes statements which represent the majority of
the Council.
When asked if the Mayor has authorization without Council approval, Mr. Newton
explained that if the communication reflects the majority position of the Council,
he not only has the authority but the duty to so communicate.
Councilman Quinn seconded the motion.
It was moved by Councilman Barb, seconded by Councilman Jackman, and passed
by the following vote to table the motion.
Council Minutes 3/13/84 -5-
�A
A= : 3 Council Members: Jackman, Barb, Cormack
NOES: 2 Council Members: Davila, Quinn
Mr. Paul Sarvis, 13603 Barlin, expressed his views in opposition to the letter
that was sent out regarding the Courthouse location.
Mayor Cormack mentioned the City has attempted for years to develop the down-
town area, and the Courthouse may be the solution.
Councilman Quinn said he is opposed to the Courthouse in the Civic Center
because it will take approximately $350,000 a year out of the economy to support it.
ORAL COMMUNICATIONS - City Council: None
ADJOURZENT: 9:32 p.m.
The meeting was adjourned to 7:00 p.m., March 20, 1984, in the Council Chamber
of the Downey City Hall, concerning the proposed Bullet Train.
Robert L. Shand, City Clerk -Treasurer ,Mayor
Council Minutes 3/13/84 -6-