HomeMy WebLinkAboutMinutes-04-22-80-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
APRIL 22, 1980
A B L E O F M I N U T E A C T I O N S
SUBJECT: ACTION: PAGE NO.
Removal Of Items from Consent Calendar 1
Minutes: Adj. Reg. Mtg. April 7, 1980; &
Reorganization Mtg. April 15, 1980 Approved 1
Request of Day & Nite Yellow Cab Co. for
25t Surcharge per trip on Taxi Service due
to spiraling cost of gasoline Approved 1
Rejection of Legal Claim: Ref. #467 Approved I
General Warrants: #182457 - 182689
#206871 - 206922 Approved 1
Resolution #3786, Commending Judge
Charles E. Frisco on elevation to Superior
Court of State of California Adopted 1
CC #461, Tree Trimming @ Various Locations:
Plans, specs, & authority to advertise Approved 1
Citizen complaint re garage conversion
without permit & unsightly carport on Mr. Thompson will prepare report
neighboring property before next meeting 2
Downey Theatre: Auth. formation of an
organization or commission of the Council
to accept funds f/performing arts without
interferring w/present organization of
Downey Theatre Assn., at least f/balance
of Association's contract Approved 3
Downey Theatre: Grant auth. to use such
surplus funds as may be available to create
trust fund at time all necessary documenta-
tion & paperwork is performed Approved 3
Downey Theatre: Auth. application f/grant Approved 4
Downey Theatre Assn. request f/allocation
of funds to underwrite expenses needed to
operate & maintain.Theatre f/balance of Taken under submission to next
the program year meeting a
Downey Theatre Assn: Mrs. Albrecht req.
Mr. Thompson to check &
replacement of CETA employee
report back 4
Ordinance #617, amending DMC re Dealers
in Precious Metal Objects
Adopted 4
Resolution #3787, Establishing a Policy re
Removal and/or Relocation of Utility
Facilities in Public R/W in City in connec-
tion w/Private Development
Adopted 4
Resolution #3788, Directing Planning Comm.
in cooperation w/Community Dev. Comm. to
assess feasibility & select Redevelopmt.
Proj. Area from within Survey Area
designated by Res. #3769 & formulate a
Preliminary Plan f/Redevelopment of the
Selected Project Area
Adopted 4
Resolution #3789, Designating Alternate
Member to Bd. Directors of County
Sanitation Dists. #2 & 18
Adopted 4
Page 1 of 3
COUNCIL MINUTES, APRIL 22, 1980
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT: ACTION:
S.S. Project #346, Slurry Seal for Fiscal
Year 1979-80: Award to Roy Allan & waive
bid bond irregularity Approved
CC n444A, Apollo Park Neighborhood Center:
Auth. Transfer of Funds Approved
CC ,u.444A, Apollo Park Neighborhood Center:
Award to T.J. Crosby Co., Inc., contin-
gent on approval of award by HUD & waive
minor bid bond irregularity Approved
CC #462, Remodeling f/improved Dept. of
Comm. Dev. Counter/Office Layout: Plans,
specs, & auth. advertise f/bids Approved
Delay in foreclosure on property at 12320
Bellflower Bl., formerly Heliport Site,
until 6/30/80, subj. to conditions
Approved
Tract #35710, Priscilla St. & Clark Ave.:
Accept improvements
Approved
1980-81 Pedestrian Improvements (SB 821):
Delete Item #1, S/s Florence - Rives to
Hopeland - Sidewalk & Ramps, & approve
alternate location Imperial @ Brookshire -
Sidewalk & Ramps
Approved
1980-81 Pedestrian Improvements (SB 821):
Sidewalks & Wheelchair Ramp imprvmts. at
Downey @ Sixth - Wheelchair Ramps; E/s
Paramount @ Brookmill - Parkway Sidewalk
@ Warren High School; & N/s Quill -
Paramount to Samoline - Sidewalks & Ramps Approved
1980-81 Pedestrian Improvements (SB 821):
Auth. submittal of application to L.A.
County Transportation Comm. f/SB 821
Allocation f/Pedestrian Improvements Approved
Revision of Subdivision Ordinance
Taken under submission
Use of Revenue Sharing Funds f/1980-81:
Hearing f/input from citizens, as req. by
Revenue Sharing Act of 1972, amended
10/76 Set for May 13, 1980
Sale of City -owned Property in Golden Park
Neighborhood Enhancement Area & auth.
staff to proceed w/necessary lot split Approved
Auth. increase in Rehabilitation Loan
Limits & an Alternate Loan Program
City Manager reported on advertising for
Zone Change hearings before Planning Comm.
re trade of property at Dennis/Menace Park
City Manager reported on advertising of
excess property at 7700 Telegraph Rd.
Mr. Stup leaving City next week
Councilman Swearingen wants to amend
portions of City's Sign Ordinance
Council to go on record as supporting
Proposition 9
Approved
Will meet w/Mr. Thompson
Approved
PAGE NO.
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Page 2 of 3
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COUNCIL MINUTES, APRIL 22, 1980
TABLE OF MINUTE ACTIONS (CONTINUED)
sunjr:Ur: ACTION:
Policy that if a Council Member abstains
from voting on a matter & states it is an
abstention, that vote is not counted
either for or against, w/exception that in
the event a vote is required from that
person to carry a matter when there are
only three or four persons present, then
an abstention shall be deemed as voting
with the majority
Approved
Authorize staff to write letter to
Governor Brown supporting Apptmt. of
Commissioner Richard Cumming as Municipal
Court Judge in Downey
Approved
Policy f/order of seniority to move up
into Mayor's position
No action
Executive session
Auth. settlement negotiation on Legal
Claim, Ref. #435 Approved
Meeting adjourned in memory of former
Mayor & Councilman Edwin W. Giddings
PAGE NO.
i
Page 3 of 3
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
APRIL 22, 1980
The City Council of the City of Downey held a regular meeting at 7:30 p.m.,
April 22, 1980, in the Council Chamber of the Downey City Hall, Mayor Theodore H.
Jackman presiding.
PRESENT: Council Members:
Lyell W. Swearingen
Milton R. Mackaig Mayor Pro Tom
James T. Quinn
Robert G. Cormack
Theodore H. Jackman Mayor
ALSO PRESENT: Charles W. Thompson, City Manager
Royal M. Sorensen, City Attorney
Howard F. Stup, Director of Community Development
William A. Ralph, Director of Public Works
Ronald W. Leege, Director of Finance
John T. Neavill, Director of Parks & Recreation
William F. Martin, Police Chief
Don Davis, Fire Chief
William A. Goggin, City Planner
Harald J. Henriksen, City Engineer
Thomas Tincher, Housing & Redevelopment Coordinator
Robert L. Shand, City Clerk -Treasurer
Judy McDonnell, Executive Secretary
The Invocation was delivered by Reverend John Smyser, Downey First Baptist
Church. The Flag Salute was led by Councilman Quinn.
REMOVAL OF ITEMS FROM CONSENT CALENDAR
Agenda Item VIII-C-1, Cash Contract #461, was removed from the Consent
Calendar.
CONSENT CALENDAR
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by the following vote to approve the Remainder of the Consent Calendar:
of April 7, 1980; and
of April 15, 1980.
Correspondence from Day & Nite Yellow Cab Company requesting a 25C Surcharge
per trip on Taxi Service due to the Spiraling Cost of Gasoline.
Rejection of Legal Claim: Ref. #467, Mieczvslaw and Theresa Wyszomirski.
General Warrants: #182457 - 182689; #206871 - 206922: $756,863.32.
RESOLUTION NO. 3786
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
COMMENDING JUDGE CHARLES E. FRISCO ON HIS ELEVATION TO
THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman
Cash Contract #461, Tree Trimming at Various Locations
Councilman Swearingen inquired about the locations of the trees and how these
areas are determined.
Mr. Ralph replied there are a number of areas where elm trees are concentrated
on several blocks along LaReina and the 7800 block on Hondo. These trees have been
selected because of their tremendous growth each year and the fact that they have
not been trimmed for the last three years.
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by unanimous vote to approve plans and specifications and grant authority to
advertise for bids on Cash Contract #461 (Account #10-4-3352).
Council Minutes 4/22/80 _1_
ORAL COMMUNICATIONS (Items not on Agenda)
Mr. Richard Mittleman, 7737 Otto Street, on the corner of Rives, said the
house located behind his property at 9904 Dacosta is owned by an absentee landlord
and that a garage conversion was made without a permit. An unsightly carport was
also constructed, which has never been completed. He commented on the number of
occasions he has contacted the City in an attempt to get this matter resolved.
Mr. Thompson indicated he will prepare a report to the Council before the
next meeting.
At this time, Mayor Jackman asked the Council to consider the Downey Theatre
Association request for allocation of funds and waiver of funds due the City. He
requested a status report on the Theatre at the present time.
Mr. Thompson referred to his report dated April 21st, copies of which have
been submitted to the Council, regarding a proposal by the Downey Civic Light Opera
Association to apply for a grant so that a trust fund could be established. The
trust fund would be provided by any reserves the City might have at the end of the
year to provide interest income which could be used for operating expenses at the
Theatre. He commented on a stipulation under the grant which would require the
trust operation to come under the administration and umbrella of the City Council
and City Manager. He said there are other proposals with regard to handling the
rental.
Mr. Neavill stated it appears the City would qualify as an applicant for the
grant. One provision is that the organization has to be in existence for three
years, and the grant would assist local community art organizations in solidifying
their financial position to help them become more financially independent. One of
the suggestions in the proposal is that a Downey Arts Council be appointed by the
City Council as an advisory group to determine uses of the profits from the trust.
Mr. Neavill pointed out the deadline date for submitting the grant is April 30th.
It is his understanding the City reserve funds would be utilized as a match or a
deposit in order to secure what would be the maximum amount of $50,000.
Mr. Thompson commented members of the Civic Light Opera Association have con-
tacted the California Arts Council, who indicated the reserve funds of the City
could be put into a reserve fund on a temporary basis and could be withdrawn as
the need arises for its use. If this were done, the City would lose interest
income off that money. There is a question as to how this would fit in with the
present lease agreement, and the Council may want to study this further to develop
a harmonious arrangement. He pointed out an area of particular concern is an
ongoing maintenance program for the Theatre. Mr. Thompson mentioned he has been
in contact with Assemblyman Young, who has indicated he will do everything he can
to get this grant for the City.
Councilman Swearingen asked if the application can be made without hindering
the Theatre Foundation at this time.
Mr. Thompson replied there would have to be some adjustment for usage of the
Theatre and some adjustment in the lease. He hopes an arrangement can be worked
out so that it would be possible to retain the Downey Theatre Association board
or those personnel to work with the City. The lease agreement is in default at
the present time and will have to be amended regardless of what happens.
Elizabeth Clinton of the Downey Civic Light Opera Association discussed the
proposal, which provides that based on the percentage given by the California Arts
Council, the Downey Theatre of Performing Arts trust fund principal balance should
remain at all times at no less than $500,000. It has been suggested that the
local arts organizations be given an alternative to the present arrangement of
donating annually to the trust fund. Then, an equity could be built in the trust
fund which would generate more interest. Mrs. Clinton commented on the desire of
Assemblyman Young to bring more arts dollars into this district and of his offer
to personally take the grant application to the Arts Council if he receives it by
---- next Friday. She cited a request of the Downey Civic Light Opera Association that
the name of the Downey Civic Theatre be changed to the Downey Theatre Performing
Arts Center so it would qualify as a multi -media performing arts center and would
also qualify for challenge grants. In responding to questions, she pointed out
the Arts Council grants are yearly on a dollar -to -dollar basis, and the challenge
grants are a one-time grant on a three -to -one basis.
Mr. Dale Hardeman, 7033 Stewart & Gray Road, President of the Downey Theatre
Association, said non-profit organizations recognized by the State are eligible
for grants without the City or any municipality having to make application, and it
appears this is a subtle attempt to bring the Theatre back under the administration
Council Minutes 4/22/80 -2-
and supervision of the City, thereby removing the current administration. He re-
ferred to the City's contract with the Downey Theatre Association, pointing out it
was known that the first year they would not break even, and they were given a
three-year contract in which to show definite performance. Mr. Hardeman commented
on current programs planned at the Theatre for next year. He noted it has cost
the Downey Theatre Association $11,000 more than the Civic Light Opera paid for use
of the Theatre last year and said it has been necessary to raise the rental fees
and expand the programming. Mr. Hardeman concluded that if the City, as an entity,
makes application for the grant, it will necessitate removing the current adminis-
tration and regotiating another contract. He said it would not be acceptable for
administration of the Theatre to revert back to the City with the Downey Theatre
organization being used as an advisory board.
Mr. Thompson emphasized the importance for physical maintenance of the Theatre,
which he said needs attention quickly, and he pointed out his proposal is for the
City to take over the maintenance of the Theatre.
Mr. Hardeman mentioned contracts have already been negotiated and signed for
programs at the Theatre next year, and he asked that further consideration be given
before approving the grant.
Mrs. Pauline Hume, 7827 Cole Street, commented it is her understanding that
through this proposal the Downey Theatre Association would be the direct recipient
of the interest from the trust fund, in that the funds would go directly to the
Arts Council, who would be responsible for administering the funds and paying them
directly to the Theatre management. She said the grant would not be a bail -out for
the Theatre but would be a long-range financial structure for financing the Theatre
building.
Mrs. Clinton feels that placing the Theatre on a business market has
eliminated many of the uses by local groups.
Mr. Gordon Strand, 12359 Gneiss, President of the Downey City Youth Band, said
he worked on this when the Theatre proposal was being prepared a year ago, and it
was understood that while it would be a difficult task to put the Theatre on a pay-
ing basis, the Theatre must be operated without any cost to the City. Mr. Strand
pointed out the Theatre Association provided free use of 40 to 50 days to the
schools and the City, which is a significant portion of the Theatre's operating
time.
Mr. Thompson reviewed a financial statement of the Theatre's operating costs
for 1978-79 as compared to 1979-80. He said the net difference between the operat-
ing expenses, including the equipment rental fund waiver and fire insurance, totals
$44,500.
Councilman Mackaig said the Theatre Association's request for funds was
presented at the last Council meeting, but was taken under submission. He said
the City has not given the Association any money for operating the Theatre. He
then reviewed for the benefit of the new Council Members, the financial status of
the Downey Theatre Association's operation of the Theatre. Councilman Mackaig
expressed concern whether approving the grant might affect the three-year contract
with the Association. He would be willing to go along with the grant but feels
the Association rather than the City should administer it.
Mayor Jackman stated the ultimate goal is to have the Theatre serve the
community. He did express concern that the Association is requesting $44,500 be
deferred by the City to operate the balance of this year, yet the City has already
waived $10,000 of their guarantee money. He does not want the building or equip-
ment at the Theatre to deteriorate, and the only way to prevent this is for the
City to provide the necessary maintenance because the Theatre Association does not
have the funds.
It was moved by Councilman Cormack, seconded by Councilman Swearingen, and
passed by the following vote to authorize formation of an organization or commis-
sion of the Council to accept funds in various fashions for the performing arts
without interferring with the present organization of the Downey Theatre Association,
at least for the balance of the Association's contract.
Discussion followed.
AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman
It was moved by Councilman Cormack, seconded by Councilman Swearingen, and
passed by unanimous vote to grant authorization to use such surplus funds as may
Council Minutes 4/22/80 -3-
J
be available to create the trust fund at the time all the necessary documentation
and paperwork is performed.
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by unanimous vote to authorize application for the grant.
The Downey Theatre Association request for allocation of funds to underwrite
expenses needed to operate and maintain the Theatre for the balance of the program
year was taken under submission for the next meeting in order to the new Council
Members to study the request.
Mrs. Jean Albrecht, 7214 Glencliff Drive, Treasure of the Downey Theatre
Association, mentioned the CETA employee they had at the Theatre has quit, and she
asked if the City would endeavor to find another CETA employee for them.
Mr. Thompson replied he doubted there would be the possibility of any addi-
tional CETA because the allocations are being reduced. Several of the City's CETA
personnel will probably have to be layed off in advance of the end of the fiscal
year.
Mayor Jackman asked Mr. Thompson to see if there is any possibility and to
report back.
ORDINANCES
ORDINANCE NO. 617
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING CHAPTER 5, PART 4, SECTION 6549 OF ARTICLE VI
OF THE DOWNEY MUNICIPAL CODE, RELATING TO DEALERS IN
PRECIOUS METAL OBJECTS
The Ordinance was read by title only. It was moved by Councilman Mackaig and
seconded by Councilman Swearingen to waive further reading.
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by unanimous vote to adopt Ordinance No. 617.
RESOLUTIONS
RESOLUTION NO. 3787
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING A POLICY IN REGARD TO THE REMOVAL AND/OR
RELOCATION OF UTILITY FACILITIES IN THE PUBLIC RIGHT-OF-
WAY IN THE CITY OF DOWNEY IN CONNECTION WITH PRIVATE
DEVELOPMENT
The Resolution was read by title only. It was moved by Councilman Mackaig,
seconded by Councilman Cormack, and so ordered to waive further reading.
It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and
passed by unanimous vote to adopt Resolution No. 3787.
RESOLUTION NO. 3788
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DIRECTING THE DOWNEY PLANNING COMMISSION IN COOPERATION
WITH THE COMMUNITY DEVELOPMENT COMMISSION TO ASSESS THE
FEASIBILITY AND SELECT A REDEVELOPMENT PROJECT AREA FROM
WITHIN THE SURVEY AREA DESIGNATED BY RESOLUTION NO. 3769
AND TO FORMULATE A PRELIMINARY PLAN FOR THE REDEVELOPMENT
OF THE SELECTED PROJECT AREA
The Resolution was read by title only. It was moved by Councilman Mackaig,
seconded by Councilman Swearingen, and so ordered to waive further reading.
It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and
passed by unanimous vote to adopt Resolution No. 3788.
RESOLUTION NO. 3789
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DESIGNATING AN ALTERNATE MEMBER TO THE BOARD OF
DIRECTORS OF COUNTY SANITATION DISTRICTS NUMBERS 2 AND 18
Council Minutes 4/22/80 -4-
r^K5
X The Resolution was read by title only. It was moved by Councilman Swearingen
and seconded by Mayor Jackman to waive further reading.
It was moved by Councilman Swearingen, seconded by Councilman Quinn, and
passed by the following vote to adopt Resolution No. 3789.
AYES: 4 Council Members: Swearingen, Quinn, Cormack, Jackman
ABSTAIN: 1 Council Member: Mackaig
CASH CONTRACTS
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by unanimous vote to award a unit price contracting totaling $43,848 to
Roy Allan, the lowest and best bidder, on S.S. Project #346, Slurry Seal for Fiscal
Year 1979-60, and waive the minor bid bond irregularity (A/C #10-45428 & 26-16218).
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by unimous vote to authorize the transfer of $14,600 from the Community and
Neighborhood Enhancement 1979-80 Budget Contingency Reserve to Account #28-20301
for use on Cash Contract #444A, Apollo Park Neighborhood Center (Account #28-20300
& #28-20301).
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by unanimous vote to award Cash Contract #444A, Apollo Park Neighborhood
Center, in the amount of unit prices bid totaling $147,537.10, to T. J. Crosby
Company Incorporated, the lowest and best bidder, contingent upon approval of the
award by the Department of Housing and Urban Development, and waive the minor bid
bond irregularity (Account #28-20300 & #28-20301).
It was moved by Councilman Swearingen, seconded by Councilman Quinn, and
passed by the following vote to approve plans and specifications and authorize the
Department of Community Development to advertise for bids on Cash Contract #462,
Remodeling for improved Department of Community Development Counter/Office Lavout.
Councilman Cormack questioned the savings that would be involved.
Mr. Thompson stated it is staff's belief that by consolidating functions and
.activities there will be a potential for savings, even possibly a reduction of
staff.
Mr. Stup explained the counters in Building & Safety, Planning and Engineer-
ing will be combined into one public counter, and located behind it will be all of
the sections which serve that counter. There would be no change in organization.
AYES: 4 Council Members: Swearingen, Quinn, Cormack, Jackman
NOES: 1 Council Member: Mackaig
MISCELLANEOUS ACTIONS
It was moved by Councilman Swearingen, seconded by Councilman Cormack, and
passed by the following vote to approve a delay in foreclosure on property at 12320
Bellflower Boulevard, formerly the Heliport Site, until June 30, 1980, subject to
conditions.
Councilman Mackaig suggested the Council approve the foreclosure at this time
to start the 90-day period, and then in the meantime if the money owed to the City
is paid, the foreclosure can be stopped. If the money is not paid, then the 90-day
foreclosure period is already in effect.
Mr. Thompson explained there has been a written arrangement by the property
owners, which is now a part of the escrow.
Mr. Sorensen stated if the City approves the foreclosure, there would be no
need for the property owners to pay the additional sum of money because they would
have enough time in which to complete the sale of that property.
Mr. Stup noted the City is currently holding the $6,000 check paid by the
property owners. There will also be a per diem penalty of $2700. Public Storage,
the current purchaser, is very anxious to buy the property.
AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman
It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and
passed by unanimous vote to accept the improvements constructed under Tract #35710,
Priscilla Street and Clark Avenue.
Council Minutes 4/22/80 -5-
1980-81 Pedestrian Improvements (SB 821)
Councilman Mackaig said he would like to take this under submission for the
benefit of the new Council Members. He particularly referred to the location in
District 3 on the south side of Florence Avenue between Rives and Hopeland for
sidewalks and wheelchair ramps.
Mr. Thompson explained this matter was deferred last meeting because there was
time prior to submitting the application. However, this is now at the end of the
time period.
A discussion was held regarding the Florence Avenue site. A question was
asked if this involved removing trees.
Mr. Henriksen stated it is planned to work around the trees.
Mr. Stup said from talking to the two property owners involved, he thinks they
would be willing to compromise the trees for the sidewalk. For the Council's con-
sideration, he then submitted two alternate projects: One for sidewalks and ramp
on Imperial Highway at Brookshire; and the other for public sidewalks in
Redevelopment Project Subarea D, no specific location.
It was moved by Councilman Swearingen, seconded by Councilman Quinn, and
passed by unanimous vote to delete Item #l, south side Florence Avenue - Rives
Avenue to Hopeland Avenue - Sidewalk and Ramps, and approve alternate location
described as: Imperial Highway at Brookshire Avenue - Sidewalk and Ramps.
It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and
passed by unanimous vote to approve Sidewalks and Wheelchair Ramp improvements at
the following locations:
Downey Avenue at Sixth Street - Wheelchair -Ramps.
East side Paramount Boulevard at Brookmill Road - Parkway
Sidewalk at warren High School.
North side Quill Drive - Paramount Boulevard to Samoline
Avenue - Sidewalk and Ramps.
It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and
passed by unanimous vote to authorize submittal of an application to the Los
Angeles County Transportation Commission (LACTC) for the 1980-81 SB 821 Allocation
for Pedestrian Improvements.
There being no objections, Revision of the Subdivision Ordinance was taken
under submission.
It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and
passed by unanimous vote to set a hearing for input from citizens pertaining to
Use of Revenue Sharing Funds for Fiscal Year 1980-81, as required by the Revenue
Sharing Act of 1972, amended October 1976, for 7:30 p.m., May 13, 1980, in the
Council Chamber of the Downey City Hall.
It was moved by Councilman Swearingen, seconded by Councilman Quinn, and
passed by unanimous vote to approve the Sale of City -owned Property in Golden Park
Neighborhood Enhancement Area, and authorize staff to proceed with the necessary
lot split.
It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and
passed by the following vote to approve authorization to increase Rehabilitation
Loan Limits and an Alternate Loan Program.
Councilman Cormack questioned the six percent interest rate and said he does
not see any allowance for the inflation factor. He feels the City would be losing
money on this.
Mr. Thompson said with the limitation of funds there will not be many loans
made.
Mr. Tincher explained staff is exploring alternatives for the City to
administer the loans, which could be a considerable savings in the program; but if
it appears to be too cumbersome or costly, then other alternatives will be pursued.
Councilman Mackaig left the meeting.
Discussion followed.
Council Minutes 4/22/80 -6-
Councilman Cormack cannot understand why the City would go below the lowest
of the interest rates.
It was pointed out that this program is for people on low or moderate incomes
and in some cases the elderly with no income.
AYES: 3 Council Members: Swearingen, Quinn, Jackman
NOES: 1 Council Member: Cormack
ABSENT: 1 Council Member: Mackaig
Councilman Mackaig returned to the meeting.
CITY MANAGER'S REPORT
Mr. Thompson explained staff is proceeding with the advertising for zone
change_ hearings before the Planning Commission on the trade of property at Dennis
the Menace Park through a proposal made by the Downey Savings & Loan Association.
The zone change on the City portion will be from C-4 to C-2 and to reduce the park-
ing zone from 90 feet to 46 feet; the zone change on the private portion will be
from R-1 to C-2 and to reduce the parking zone from 92 feet to 46 feet. This will
come to the Council for eventual decision. It is also hoped to have a meeting with
residents in the area so they will have a full understanding of the proposal.
Mr. Thompson stated staff has advertised the excess property at 7700 Telegraph
Road and requested an invitation for bids, The City is retaining the well location
itself, but the remainder of the property has received interest from a private
party, as well as the RTD.
STAFF REPORTS
Mr. Stun indicated this will be his last Council meeting as he will be leaving
the City next week. He said it has been a pleasure, to work for the City as the
Building official and the Director of Community Development.
ORAL COMMUNICATIONS
Councilman Swearingen feels it is necessary to amend portions of the City's
Sign Ordinance and mentioned he has three he would like to start with. Be also
would like to know about the abatement periods for signs, how these were arrived
at, and where the prohibited signs and free-standing signs are located. —
Mr. Thompson said he would be willing to sit down and go over this with
Councilman Swearingen. He mentioned that any proposed changes would have to go
before the Planning Commission for hearing and recommendations back to the
Council and then hearings before the City Council for eventual decision.
It was moved by Councilman Swearingen, seconded by Councilman Cormack, and
passed by the following vote that the Council go on record as supporting
Proposition 9.
Councilman Mackaig concurred with the motion.
Councilmen Quinn and Cormack each indicated they are for Proposition 9.
Mayor Jackman feels there are definite problems with the Proposition, and he
will abstain from voting either for or against this issue.
Mr. Thompson suggested the Council might want to read the League of California
Cities report before making a final decision.
AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Cormack
ABSTAIN: 1 Council Member: Jackman
Mayor Jackman stated inasmuch as the abstention will go with the majority, he
would like to change his vote to "no."
Councilman Mackaig questioned an abstention as being a vote with the majority. \
Mr. Sorensen cited a case where there were only four Council Members present
at a Council Meeting in another city. There were four votes cast on a proposal
which required three votes, with two "yes" votes and two "abstentions." The matter
went to court and the court determined that in effect the abstentions were not "no"
votes, and as the two constituted a majority of a quorum, that was a sufficient
vote to approve the action. Mr. Sorensen stated if there is a conflict of interest
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"1
and under the law a Council Member is not entitled to vote, he should abstain from
voting and state that reason. It is his opinion that in no way could that absten-
tion be taken as a "yes" vote. For the record on this vote, he does not believe an
abstention can be technically cast as a "yes" vote.
It was moved by Councilman Cormack to reconsider the motion in support of
Proposition 9.
Mayor Jackman said when he abstains from voting he does not want it to be a
vote with the majority.
The motion to reconsider was seconded by Councilman Swearingen and passed by
unanimous vote.
Roll call vote on motion in support of Proposition 9:
AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Cormack
NOES: 1 Council Member: Jackman
During discussion regarding Abstentions, Mr. Sorensen said a disqualified vote
is not considered an abstention.
It was moved by Councilman Mackaig, seconded by Councilman Cormack, and passed
by unanimous vote that if a member of the City Council abstains from voting upon a
matter and states it is an abstention, that vote is not counted either for or
against, with this exception: That in the event a vote is required from that per-
son in order to carry a matter when there are only three or four persons present,
then an abstention shall be deemed as voting with the majority.
It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed
by the following vote to authorize staff to write a letter to Governor Brown in
support of the appointment of Commissioner Richard Cumming as Municipal Court Judce
in uowney.
AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Cormack
ABSTAIN: 1 Council Member: Jackman
Mayor Jackman suggested the Council set a policy for the order of seniority to
move up into the Mayor's position.
Councilman Cormack feels the Council should rotate as it is now seated by
district and stay with it.
Mayor Jackman said when two or more Councilmen are seated at the same time,
that person whose district was last represented as Mayor should become the junior
member of the Council.
Councilman Swearingen feels the district should be the determining factor on
who shall become Mayor.
Councilman Mackaig does not want to see the policy changed.
There was no action by the Council.
_Mr. Ken Beckner, 8342 Cheyenne, inquired regarding the Council's approval to
sell City -owned property in the Golden Park Neighborhood Enhancement Area.
Mayor Jackman explained this is a 25-foot wide non-standard lot the City pur-
chased and is being split and sold to the neighbors on each side, 12'1 feet to each.
Mrs. Clinton thanked the Council for its consideration regarding the Theatre.
At 10:25 p.m., Mayor Jackman recessed the meeting to executive session to dis-
cuss pending litigation. The meeting resumed at 10:34 p.m, with all Council
Members present.
It was noted that during executive session the Council authorized negotiating
a settlement on Legal Claim Reference No. 435.
The meeting was then adjourned at 10:34 p.m, in memory of former Mayor and
Councilman Edwin W. Giddings, who passed away April 15, 19880.
Robert L. Shand, City Clerk -Treasurer Theodore H. Jackman, Mayor
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