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Home My WebLink AboutMinutes-08-12-80-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 12, 1980 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: PAGE NO. Ord. granting franchise to Mobil Oil Corp. Introduced 1 Ord. granting franchise to Atlantic Richfield Co. Introduced 2 Ord. granting franchise to Four Corners Pipe Line Co. Introduced 2 Ord. granting franchise to Gulf Oil Co. Introduced 2 Removal of Items from Consent Calendar 2 Minutes: Adj. Reg. Mtgs., June 10, 1980, & June 11, 1980; & Reg. Mtg. July 22, 1980 Approved 2 Corres. from Congressman Grisham re Auto Club's endorsement on mandatory vehicle inspection & maintenance programs Filed 2 Corres. from State Dept. re Downey's Resol. on Boycott of French Products Filed 2 Corres. from City of Pinole re Odd -Even Gas Distribution System Filed 2 CC #458, Paramount-Comolette Commercial Center, Catch Basin Relocation: Accept const. contract Approved 3 General Warrants: #184495 - 184876 #207226 - 207310 Approved 3 Amendment to Rehabilitation Assistance Guidelines by establishing eligibility of Smoke Detectors for Housing Rehabilitatn. Loan Assistance Approved 3 Res. #3852, Indicating intent to implemt. prior to 12/31/82, "Reasonably Available Control Measures" from So. Coast Air Quality Management Plan Adopted 3 Corres. from PUC re So. Calif. Edison Co. Appl. #59831 f/auth. to modify Energy Cost Billing Factors Filed 3 Corres. from PUC re So. Calif. Gas Co. Appl. #59832 f/auth. to increase rates charges until rates auth. in Appl. #59316 are made effective: Object to rate & have staff send letter to PUC Approved 3 Corres. from PUC re Pacific Telephone Appl. #1.23 f/rate increase: Go on record as opposed & have staff send letter of protest to PUC Moratorium re Sign Ordinance Approved 3 Cont'd. to 8/27, at which time Council will make further decision 4 Rejection of Legal Claims: Ref. #479 & 480 Approved 4 Ord. #624, Repealing Sec. 9200-9247.5 & amending DMC Addg. Sec. 9200-9247.5 re Land Division Adopted 4 Page 1 of 3 COUNCIL MINUTES, AUGUST 12, 1980 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: Ord. amending DMC re Business Licenses Introduced Res. #3853, Calling & Giving Notice of holding Spec. Mun. Election on 11/4/80 for subm. to qualified electors of a measure re Low Rent Senior Citizen & Handicapped Housing Adopted as amended Res. #3854, Req. Bd. Sprvsrs. of County to consolidate Spec. Mun. Election of City on 11/4/80 w/Statewide Gen. Election Adopted as amended CC #461, Tree Trimming: Accept work & auth. extra work for $5,406 Approved AD #122, Orizaba from Orange to 520' Sly: Auth. Chptr. 27; waive informal 30-day notice; & set hearing for 8/26/80 Approved DIP #707, W/s Downey Av. - Bixler/Century: Auth. Chptr. 27 & waive 30-day informal notice Approved Excess Property at Old River School Rd. & Irwingrove: Auth. disposal in accord w/terms of offer & auth. Mayor to execute deed conveying ppty. at such time pymt. for full cost of sidewalk imprvmts. is provided to City Approved Preparation of Water System Network Analysis: Auth. Mayor to enter into contract in 2 phases not to exceed $64,000 Approved Solid Waste Collection & Disposal: Enter into 1-yr. Agmt. w/Calsan for collection of residential solid waste in City & staff enter discussion immediately w/contractor re methods to reduce cost & improve profit to contractor & new methods of handling material Appointment of Lennie L. Whittington to Health & Environmental Sanitation Comm. 1980 membership dues to National League of Cities Rio Hondo Golf Course: Auth. advertising f/bids for budgeted imprvmts. Independence Park Tennis Center Pro Operation- Auth. request f/proposals Apptmt. of Mr. Anthony Benavides to Housing Rehabilitation Loan Comm. Agmt. w/Security Pacific National Bank f/Loan Approval & Collection Services General Plan Amendments at 7955 Cole St. & ppty. located N/o Suva St. & E/o Scout Av. Zone Change Case #161, ppty. located N/o Suva St. & E/o Scout Av. Zone Change Case #162, 7955 Cole St. Approved Approved Approved Approved Approved Approved Approved Hearing set for August 26, 1980 Hearing set for August 26, 1980 Hearing set for August 26, 1980 vanv "n El 5 5 5 L L F R 7 7 7 7 7 7 8 8 8 8 Page 2 of 3 COUNCIL MINUTES, AUGUST 12, 1980 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: Zone Change Case T164, S/S Florence to a point 250' W/o Chaney Av. Landlord -Tenant Relations Advisory Appeals Board Tapes of meetings to be used f/sole purpose Of Council & staff; that they not be used by anyone else except under subpoena; & that the tapes be destroyed after 90 days Speakers re Council action on tapes of meetings Speakers re Landlord Tenant Bd. Speaker inquires about board to express complaints re price of gasoline & medical costs ACTION: PAGE NO. Hearing set for August 26, 1980 8 Tabled Approved K 0 10 10 10 Page 3 of 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 12, 1980 The City Council of the City of Downey held a regular meeting at 7:30 p.m., August 12, 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 Tem James T. Quinn Robert G. Cormack Theodore H. Jackman Mayor ALSO PRESENT: Charles W. Thompson, City Manager Royal M. Sorensen, City Attorney 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 William Sumner, Fire Marshal Francis E. Carter,,Assistant City Planner Harald J. Henriksen, City Engineer Charles G. Eccleston, Traffic Engineer Harry Rayson, Acting Building Official Thomas Tincher, Housing & Redevelopment Coordinator Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Mayor Jackman. The Flag Salute was led by Councilman Quinn. HEARINGS Mayor Jackman opened the hearing on granting a pipeline franchise to Mobil Oil Corporation. He inquired if the City Clerk had the Proof of Publication, and the response was yes. Mayor Jackman inquired if the City Clerk had received any written protests or objections, and the response was no. There being no one present to speak in favor or in protest to granting the franchise, it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING A FRANCHISE TO MOBIL OIL CORPORATION The Ordinance was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to introduce the Ordinance. Mayor Jackman opened the hearing on granting a pipeline franchise to Atlantic Richfield Company. He inquired if the City Clerk had the Proof of Publication, and the response was yes. Mayor Jackman inquired if the City Clerk had received any written protests or objections, and the response was no. There being no one present to speak in favor or in protest to granting the franchise, it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING A FRANCHISE TO ATLANTIC RICHFIELD COMPANY Council Minutes 8/12/80 -1- The Ordinance was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to introduce the Ordinance. Mayor Jackman opened the hearing on granting a pipeline franchise to Four Corners Pipe Line Company. He inquired if the City Clerk had the Proof of Publi- cation, and the response was yes. Mayor Jackman inquired if the City Clerk had received any written protests or objections, and the response was no. There being no one present to speak in favor or in protest to granting the franchise, it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING A FRANCHISE TO FOUR CORNERS PIPE LINE COMPANY The Ordinance was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to introduce the Ordinance Mayor Jackman opened the hearing on granting a pipeline franchise to Gulf Oil Company. He inquired if the City Clerk had the Proof of Publication, and the response was yes. Mayor Jackman inquired if the City Clerk had received any written protests or objections, and the response was no. There being no one present to speak in favor or in protest to granting the franchise, it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING A FRANCHISE TO GULF OIL COMPANY The Ordinance was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to introduce the Ordinance. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Items VIII-B-4, VIII-B-S, and VIII-B-6, all correspondence from the Public Utilities Commission, were 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: Minutes: Adjourned Regular Meetings of June 10,.1980, and June 11, 1980; 2. 1980 Correspondence from Congressman Wayne Grisham regarding Automobile Club's endorsement of position on mandatory vehicle inspection and maintenance programs. Correspondence from Department of State, Ambassador at Large, responding to Downey's Resolution regarding Boycott of French Products. Correspondence from City of Pinole, Contra Costa County, regarding Odd -Even Gas Distribution System. Council Minutes 8/12/80 -2- CEO { Cash Contract #458, Paramount-Comolette Commercial Center, Catch Basin Relocation: Accept construction contract and maintenance responsibili for improvements (A/C #91-20504). General Warrants: #184495 - 184876; #207226 - 207310: $1,550,083.34. ty Amendment to Rehabilitation Assistance Guidelines by establishing eligi- bility of Smoke Detectors for Housing Rehabilitation Loan Assistance. RESOLUTION NO. 3852 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY INDICATING ITS INTENT TO IMPLEMENT PRIOR TO DECEMBER 31, 1982, HEREIN DEFINED "REASONABLY AVAILABLE CONTROL MEASURES" FROM THE SOUTH COAST AIR QUALITY MANAGEMENT PLAN AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman Correspondence from Public Utilities Commission regarding Southern California Edison Company Application #59831 for authority to modify its Energy Cost Billing Factors. Councilman Swearingen commended the Edison Company for requesting the rate decreases. The correspondence was received and filed. Correspondence from Public Utilities Commission regarding Southern California ompany Application #59832 for authority to increase rates charged for gas 9316 are made e It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote that the Council object to the rate increase and have staff send a letter to the Public Utilities Commission objecting to the increase. Correspondence from Public Utilities Commission regarding Pacific Telephone Application #1.23 for rate increase. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote that the Council go on record as being opposed to the increase and have staff send a letter of protest to the Public Utilities Commission. ORAL COMMUNICATIONS (Items not on Agenda) Mr. Ralph Kile, business address at 8732 Imperial Highway, inquired regarding the status of the moratorium on the Sign Ordinance. Councilman Quinn mentioned last Friday he went to almost all of the businesses and looked at the signs, and he intends to recommend to the Council that 10-to-15 percent of the windows be allowed for merchandise identification. Mr. Kile pointed out there is a problem regarding window signs because some businesses have a sideline operation and need to advertise that as well. He asked that something be worked out to where special services can be advertised, and he cited for example where a real estate office also offers notary service and would need a sign telling people that service is available. Mr. Kile agreed after view- ing some of the signs in the City that something needs to be done. Councilman Quinn feels the Ordinance needs to be amended to allow businesses to advertise a special commodity, but that it has to be done in a professional manner. Mayor Jackman suggested the Council conduct a work session regarding the Sign Ordinance. He feels some of the people have a valid complaint, he does not want to see the entire Ordinance changed. However, he said, the Council should take into consideration the possible harm that is being done to the businesses. Councilman Swearingen would like the Chamber of Commerce to become involved in this. Mayor Jackman commented on the public hearings that were conducted when the Ordinance was adopted several years ago. He said the Council should discuss this in a work session to decide just how far it wants to go. Council Minutes 8/12/80 -3- GG'Zo Councilman Quinn suggested consideration be given regarding window signs and allowing certain businesses to have a small sign on the side. Mayor Jackman pointed out this is not an attempt to be of disservice to the businessmen but to be of service to the City. It was moved by Councilman Mackaig to cease enforcement indefinitely until the Council can come up with some changes. A work session on the Sign Ordinance was set for August 27, 1980, to be held as a continuation of the adjourned meeting scheduled for 4:30 p.m. Mayor Jackman said the moratorium on sign enforcement will be continued until August 27th, at which time the Council will establish the length of the moratorium. Mr. David Ray, 7338 Nada, read a prepared statement, during which he mentioned members of the group, Buyers Against Realty Fraud, were refused entrance to the elections of the Downey Board of Realtors after informing the Board president that one of its members running for office was under investigation by the Downey Board of Realtors and the Department of Real Estate. Mayor Jackman informed Mr. Ray the City Council has no control over this issue. LEGAL CLAIMS It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to reject the Legal Claim of Davidia L. Vega, Ref. #479; and Jerome Barba, Ref. n480. ORDINANCES ORDINANCE NO. 624 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING SECTIONS 9200 THROUGH 9247.5 AND AMENDING SAID CODE BY ADDING SECTIONS 9200 THROUGH 9247.5, ALL OF WHICH RELATE TO LAND DIVISION The Ordinance was read by title only. It was moved by Councilman Cormack and seconded by Mayor Jackman to waive further reading. It was moved by Councilman Cormack, seconded by Councilman Quinn, and passed by the following vote to adopt Ordinance No. 624. AYES: 3 Council Members: Quinn, Cormack, Jackman NOES: 2 Council Members: Swearingen, Mackaig ORDINANCE NO. AN ORDINANCE OF THE CITY OF DOWNEY AMENDING SECTION 6271, ARTICLE VI, CHAPTER 2, PART 2 OF THE DOWNEY MUNICIPAL CODE RELATING TO BUSINESS LICENSES The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Cormack to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Cormack, and passed by the following vote to introduce the Ordinance. AYES: 4 Council Members: Mackaig, Quinn, Cormack, Jackman NOES: 1 Council Member: Swearingen RESOLUTIONS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 4, 1980, FOR SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY OF A MEASURE RELATING TO LOW RENT SENIOR CITIZEN HOUSING The Resolution was read by title only. Council Minutes 8/12/80 -4- Mr. Tincher explained in recent discussions with the Center for Independent Living, staff has become increasingly aware of a critical problem regarding the need for adequate housing for handicapped persons in addition to senior citizens. He said staff is, therefore, recommending the Council consider two alternative Resolutions expanding the referendum to include low rent housing for handicapped persons. Also, he mentioned, there is a potential for identifying sites in close proximity to Rancho Los Amigos where handicapped persons have an ongoing depend- ence or. that Hospital. Mr. Tincher requested Council give consideration to the alternative resolutions presented. The first resolution places on the ballot the question of low rent senior citizen housing and handicapped housing for a total of 300 dwelling units. It is anticipated the cost for placing the referendum on the ballot and consolidating with the General Election would be approximately $12,000 RESOLUTION NO. 3853 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 4, 1980, FOR SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY OF A MEASURE RELATING TO LOW RENT SENIOR CITIZEN AND HANDICAPPED HOUSING The Resolution was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Cormack to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Cormack, and passed by the following vote to adopt Resolution. No. 3853. (See motion to amend the Resolution.) Councilman Mackaig referred to Section 1, second paragraph, where it says, low rent housing to serve primarily senior citizens and handicapped persons...." He questioned the meaning of the word "primarily." Mr. Sorensen replied that provision was placed in the Resolution because it would not be exclusively senior citizen and handicapped, in that there is some question as to whether a provision to provide housing only for senior citizens and handicapped is permissable under the law as it now stands in the financing programs, inasmuch as it is not clear. If it were set up to provide housing for only those two groups and it was subsequently determined it could not be limited, then there would be no approval at all. The suggested language was included to remove any possibility of that issue being raised. It was moved by Councilman Cormack, seconded by Councilman Mackaig, and passed by unanimous vote to amend the Resolution by removing the word "primarily." Roll call vote to adopt Resolution No. 3853, as amended: AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman RESOLUTION NO. 3854 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF SAID CITY TO BE HELD ON NOVEMBER 4, 1980, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE The Resolution was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Cormack to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Cormack, and passed by unanimous vote to amend the Resolution by removing the word "primarily." Resolution No. 3854, as amended, was then adopted by unanimous vote. CASH CONTRACTS It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to accept the work done under Cash Contract #461, Tree Trimming, and authorize extra work in the amount of $5,406. Council Minutes 8/12/80 -5- MISCELLANEOUS ACTIONS It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to authorize the initiation of Chapter 27 proceedings for construction of curb, gutter, driveway aprons, and street paving on Assessment District #122, Orizaba Avenue from Orange Street to 520 feet southerly; waive the informal 30-day notice; and set the public hearing for 7:30 p.m., August 26, 1980, in the Council Chamber of the Downey City Hall (A/C #40-14438). It was moved by Councilman Swearingen, seconded by Councilman Ouinn, and passed by the following vote to authorize initiation of Chapter 27 Proceedings for construction of curb, gutter, driveway apron, sidewalk and street paving on Downev Improvement Project #707, West side of Downey Avenue - Bixler Avenue to Century Boulevard; waive the 30-day informal notice and the 60-day legal notice (A/C n28-20052). (See amendment to strike the 60-day legal notice.) Mr. Henriksen explained the Streets & Highways Code provides that in order to waive the 60-day notice, the City must have a petition signed by all the owners affected, which the City does not have, and he asked that the 60-day legal notice be stricken from the motion. It was then moved by Councilman Cormack, seconded by Councilman S earingen, and passed by unanimous vote to amend the motion by striking the 60-day legal notice. Roll call vote on original motion as amended: AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman It was moved by Councilman Swearingen, seconded by Councilman Cormack, and passed by unanimous vote to authorize disposal of Excess Property at Old River School Road and Irwingrove Drive, in accordance with the terms of the offer, and authorize the Mayor to execute a deed conveying the property at such time as pay- ment for the full cost of sidewalk improvements is provided to the City. It was moved by Councilman Swearingen, seconded by Councilman Cormack, and passed by the following vote to authorize the Mayor to enter into a contract with James Montgomery Consulting Engineers, Inc., for preparation of a Water System Network Analysis to be done in two phases, not to exceed $64,000. Mr. Ralph responded to questions, stating the analysis will be made up of the entire City water system consisting of a model that will be adjusted as the City's system changes and calibrated to the test pressures once the model has been completed. AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman Mayor Jackman declared a recess from 8:30 p.m. to 8:41 p.m. The meeting resumed with all Council Members present. Solid Waste Collection and Disposal Councilman Mackaig requested this be removed from the Calendar for the next two weeks and placed on the next Agenda. He said there was some further informa- tion needed, which he received this evening but has not had a chance to review. It was moved by Councilman Cormack and seconded by Mayor Jackman to approve entering into an agreement for five years with Calsan, Inc., for collection and disposal of residential solid waste in the City of Downey. (See amended motion.) Mrs. Hazel Scotto, 9203 Cord Avenue, commented on the Dart Program, which she said is a City program carried out by Calsan, who has been extremely cooperative in hiring personnel and equipment, even though it has been costly and of a loss to the company. Mrs. Scotto mentioned the sanitation districts are monitoring the program for a report on resource recycling. Calsan has also received a grant from the State. Speaking to the contract, Mrs. Scotto said the rubbish program has been regularly monitored by staff, who with past City Councils and administration have established a formula which can be adjusted and is evaluated regularly. The City°s contract provides for well maintained equipment and more detailed auditing and accounting systems. She said since rates and service complaints are favorable, it would be unadvisable to open this up for bid, and she believes it would be in the best interest of the City to continue contracting with Calsan. Council Minutes 8/12/80 -6- Mr. Joe Glenn, 9018 Birchlea£, concurred with Mrs. Scotto's remarks. Mr. Donald Wilson, 10901 Paramount Boulevard, representing Calsan, spoke in favor of renewing the contract, extending it for the five-year period, and approv- ing the adjusted rate. He pointed out the City has done business with Calsan for many years and received very few complaints about the service. Calsan has also complied with the terms of the contract in the performance of its duties. The rates charged are competitive --a fair formula has been established. He feels in renewing the contract, the City knows exactly what kind of service it will receive and the type of personnel it will be dealing with. Mr. Wilson stated a grant is pending in Sacramento, and to delay the vote on this matter could be prejudicial to the grant. Mr. Milton A. Funk, 11714 Bellflower Boulevard, said he has been a customer of Calsan for many years and cannot find any fault with the service. Mr. Terry Middlebrooke, 9332 Dalewood, concurred with the statements of Mrs. Scotto and Mr. Funk, pointing out that Calsan has done a good job for many years. Mayor Jackman asked what effect a delaying the vote would have. Mr. Thompson replied it would probably create difficulty in having the billing ready for the next quarter. It was moved by Councilman Cormack to amend the motion by inserting one year instead of five years and for staff to enter into discussion immediately with the contractor as to methods that can be employed, which will greatly reduce the cost, improve the profit to the contractor, and to consider new methods of handling the material. He said there is an automated concept that is doing well in some areas. and the Council should give Calsan time to study it. Mr. Ralph explained in past years Calsan has improved its equipment and kept up with the various methods created throughout the Country, and in some portions of the operation Calsan is using automated methods at the present time. The reason for requesting the extension to five years is because of Calsan's large in- vestment in equipment and the need to amortize that equipment. Councilman Mackaig said he would go along with the one-year contract. Councilman Quinn would like to see the rubbish rates billed through the Water Department and then the rates for rubbish pickup would be less for the City. The amended motion was seconded by Councilman Swearingen and passed by the following vote: AYES: 5 Council Members: .Swearingen, Mackaig, Quinn, Cormack, Jackman Roll call vote on original motion: AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to approve the Appointment of Mr. Lennie L. Whittington to the Health & Environmental Sanitation Committee. It was moved by Councilman Cormack, seconded by Councilman Quinn, and passed by unanimous vote to approve the 1980 membership dues to the National League of Cities. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to accept the recommendation of the Recreation & Commu- nity Services Commission and staff for authorization to advertise for bids for budgeted improvements at the Rio Hondo Golf Course. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to accept the recommendation of the Recreation & Commu- nity Services Commission and staff for authorization to request proposals for the Independence Park Tennis Center Pro Operation. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to approve the Appointment of Mr. Anthony Benavides to the Housing Rehabilitation Loan Committee. Council Minutes 8/12/60 -7- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 26, 1980 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: PAGE N0. Resolution adopting Regulations Governing Delayed to second Tape Recordings of Council Meetings meeting in September 3 - General Plan Amendment & Zone Change Hearing closed; ordinance Case #162 @ 7955 Cole St. introduced on page 5 3 General Plan Amendment & Zone Change Case #161 on ppty. bounded on north by Foster Bridge Blvd., on west by Scout Av., on south by Suva St., & on east by private property Hearing closed 3 Res. #3856 amending General Plan of Land Use from Low Density Residential to Low Medium Residential at 7955 Cole St. Adopted 4 Ord. amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #162) (7955 Cole St.) Introduced 5 Ord. amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #161) (ppty bounded on north by Foster Bridge Blvd., on west by Scout Av., on south by Suva St. & on east by private property) Introduced 5 Ord. amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #164) (9034-9160 Florence Av.) Introduced 5 Assmt. Dist. #122, Orizaba Av. S/o Orange St.: Approve plans & grant auth. to Dept. Comm. Dev. to advertise f/bids Approved 6 DIP 4707, Downey Av., W/s bet. Century & Bixler: Auth. Dept. Comm. Dev. to proceed w/proj. & advertise f/bids Approved 6 Minutes: Adj. Reg. Mtg., June 23, 1980; & Reg. Mtg. August 12, 1980 Approved 6 Corres. from Congressman Grisham re Downey Res. #3845, Income Tax on Interest from Savings Accounts Filed 6 Corres. from Senator Hayakawa re Downey Res. #3845, Income Tax on Interest from Savings Accounts Filed 6 Corres. from So. Cal Edison Co. re Appl. #59863 for auth. to increase rates to recover increased operating costs from conversion to monthly billing Filed 6 Corres. from So. Cal Gas Co. re Appl. #59869 f/auth. to increase rates & to implement financing f/solar water heaters Filed 6 Rejection of Legal Claim: Ref. #459 Approved 6 S.S. Proj. #353, Citywide Slurry Seal FY 80-81: Specs & auth. to advertise f/bids Approved 6 General Warrants: #184877 - 185235 #207311 - 207361 Approved 6 Page 1 of 2 COUNCIL MINUTES, AUGUST 26, 1980 TABLE OF MINUTE ACTIONS SUBJECT: ACTION: PAGE NO. Res. #3855, commending Henry L. Oberndorf f/outstanding citizenship & service to his community Adopted Citizen cited business in City operating Staff requested to report back on without Business License how prevelant problem is in City Ord. #625, granting Franchise to Mobil Oil Corp. Adopted Ord. #626, granting Franchise to Atlantic Richfield Co. Adopted Ord. #627, granting Franchise to Four Corners Pipe Line Co. Adopted Ord. #628, granting Franchise to Gulf Oil Company Adopted Ord. #629, amending DMC re Business Licenses Adopted Ord. #630, prohibiting issuance of Bldg. Permits in Downey Redevelopmt. Proj. #2 Survey Area except upon auth. of Council Adopted (emergency) Res. #3857, designating Paramount B1. a thru street at intersection w/Leeds St. Adopted Res. #3858, designating Telegraph Rd. a thru street at intersection w/Pico Vista Adopted CC #460A, Roof Repair @ City Hall & Parks: Plans, specs & auth. Dept. Comm. Dev. to advertise f/bids Approved Assmt. Dist. #113, Bergman Ln. - Paramount to Orizaba: Auth. Dept. Comm. Dev, to proceed w/prelim. engrg. & acquis. R/W Rubbish Refund of $9.60 to Senior Citizens who qualify & file appl. by 10/31/80 Appeal, CUP #102, 12808 Woodruff Av. Zone Change Case #163, 11105 Old River School Rd. Appeal, ZV #133, 10033 Paramount B1. Presentation of proposed Condominium Ordinance Motion to put fences around water wells & for City to pay the cost Graffiti removal problems Discussion re Air Quality Managemt. Dist. Discussion re drainage problem on tennis courts at Independence Park Request for yield sign at intersection of Via Amorita & Chaney Discussion re traffic problem at inter- section of Lakewood & westbound Santa Ana Meeting adjourned to 4:30 p.m., August 27, 1980, to review proposed Comm. Dev. Budget & discuss Sign Ordinance Approved Approved Hearing set for 9/9/80 Hearing set for 9/9/80 Hearing set for 9/9/80 Staff to report back re costs Staff to report back Referred to Traffic Engineer 6 7 7 7 7 7 8 8 8 8 8' 8 8 9 9 9 9 9 9 10' 10 10 10 10 Page 2 of 2 seo v It was moved by Councilman. Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to approve Agreement with Security Pacific National Bank for Loan Approval and Collection Services. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to set a hearing on General Plan Amendments at 7955 Cole Street and property located north of Suva Street and east of Scout Avenue, for 7:30 p.m., August 26, 1980, in the Council Chamber of the Downey City Hall. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to set a hearing on Zone Change Case #161 property located north of Suva Street and east of Scout Avenue, for 7:30 p.m., August 26, 1980, in the Council Chamber of the Downey City Hall. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to set a hearing on Zone Change Case ,u,162, 7955 Cole Street, for 7:30 p.m., August 26, 1980, in the Council Chamber of the Downey City Hall. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to set a hearing on Zone Change Case n164, south side of Florence Avenue to a point 250' west of Chaney Avenue, for 7:30 p.m., August 26, 1980, in the Council Chamber of the Downey City Hall. CITY MANAGER'S REPORT Mr. Thompson reported as directed by -Council, he is submitting for considera- tion a proposed Landlord -Tenant Relations Advisory Appeals Board, which he said is not a rent control body. The Board would be made up of volunteers and would have no authority as far as adjustment, rollback, or establishment of rents, but would act as an outlet for grievances that may be aired to determine whether or not the establishment of rents in certain cases have gone beyond certain guidelines, such as exceeding the Cost of Living Index. Mr. Thompson commented the board would con- sist of five members: One representing the landlord or realtors; one representing renters; one representing senior citizens; and two who would be neither renters or tenants, but homeowners within the City for at least seven years. He did mention he has been unable to contact one of the proposed members, Mr. Arroues, to make sure he would be willing to serve. He hopes this kind of approach will be success- ful and provide a method which would not have to be exceeded through any other legal or mandatory means. Councilman Swearingen said he cannot go along with an advisory appeals board as he feels it is against the free enterprise system. Councilman Mackaig discussed the list of proposed duties of the board as con- tained in the city Manager's Report. He indicated it was his understanding the Board would be a "sounding board" only and have no authority. He then reviewed the names submitted to serve as the members and said it was his impression a volunteer group would serve without pay. Councilman Cormack agreed this would interfere with the free enterprise system, yet he feels there should be someone people can go to and discuss their problems. He does not think the Council should get involved. Mayor Jackman indicated it was his request to see if the Realty Board could administer this because it would be of importance to them. He, too, does not want to get involved but stated there are people who have complaints, and they need a place where they can take their complaints. During discussion, Mr. Thompson stated that as to the composition of the Board and its duties, his report is identical to the one submitted over a year ago and accepted by the Council, who asked that staff bring this back. He pointed out the makeup of the Board would be up to the Council; the nature of the Board would be strictly advisory and based on the ability of people in the community to sit down and discuss possible differences they may have and to sensibly arrive at a conclusion without City government or anyone else stepping in with mandatory rules and controls. He sees nothing contrary to the free enterprise system, but does see this as a means of working together and trying to avoid mandatory controls. Any decision on this matter would be up to the City Council. Mr. Thompson then explained the intent of the recommended duty for the Board to submit reports to the Council was so the Council would be aware of the Board's activities and what is going on in the community. Council Minutes 8/12/80 -8- Mr. Larry Hoag, 10551 Paramount Boulevard, stated his opposition to establish- ing the Board and said if it is established, it should consist of a representative from the Board of Realtors and a representative of rental owners. He raised questions concerning functions of the Board and whether its decisions will be unbiased. He indicated this would go beyond the matter of increased rents. Mr. Hoag stated this would be creating a bureaucracy and an invasion of private pro- perty rights. It was moved by Councilman Cormack, seconded by Councilman Swearingen, and passed by unanimous vote to table the proposed Landlord -Tenant Relations Advisory Appeals Board. ORAL COMMUNICATIONS - City Council Councilman Cormack inquired regarding the reason for taping meetings since the meetings are recorded in shorthand. He was informed it is a procedure established by Council as a means of backup for the City Clerk's office to make sure the records are accurate. Mr. Thompson explained there were rules set up, in which the Council indicated the tapes would be available for public use for a certain period of time. Mr. Shand stated the purpose was so the public would have the right to come in and listen to a tape. Also, there have been requests for verbatim transcripts, and the Council has established a resolution setting forth rates for the tran- scripts. There is an amended resolution that the tapes are now kept indefinitely. It was moved by Councilman Cormack, seconded by Councilman Swearingen, and passed by the following vote that the tapes be used for the sole purpose of Council and staff; that they not be used by anyone else except under supboena; and that the tapes be destroyed after 90 days. Mr. Sorensen said if it is a tape of a public hearing, the one participating in the hearing would be entitled to have a transcript made so long as the tape is available. Under the Public Records Act, public records can be inspected, and a tape probably is a public record. He mentioned if there is a tape of a public hearing and it becomes involved in litigation, then the tape should not be destroyed because once a matter is in court, to destroy evidence of that nature could have an adverse reaction. Mr. Ken Miller, 7336 Cleargrove Drive, said this would be a disservice to the public. in further expressing his opposition to the motion, he stated one thing needed in government is openness, and the tapes would indicate that anything said at any time is open to the public or the newspapers when they want to do some re- search. He requested the Council consider voting against the motion. . Mr. Sorensen mentioned in most instances any action to be initiated would have to be done within. that 90-day period. Mrs. Hazel Scotto also opposed the motion and expressed hope the Council would not approve it. Councilman Cormack commented there is not a considerable cost in storing the tapes, but there is a great deal of cost in retrieving them for people to hear. He pointed out the Council conducts an open meeting where people are allowed to speak --nothing is hidden, the minutes are printed. He feels it is foolish economy to keep the tapes and make them available. Mr. Shand explained the City Clerk does have a good index of the tapes, and it is no costly matter for retrieving old tapes. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Cormack NOES: 1 Council Member: Jackman ORAL COMMUNICATIONS - Audience Mr. Jim Derry, 7845 Fourth Street, addressed the Council regarding the City Manager's Report on the Landlord -Tenant Relations Advisory Appeals Board and con- curred with previous remarks made in opposition. Councilman Cormack called for a point of order, stating Mr. Derry is speaking to a matter that has been tabled. He left the meeting at 10:00 p.m. Council Minutes 8/12/80 -9- �6,7,& Mr. Derry continued with his comments, noting from his own experience that it is difficult to get the public to take advantage of a valid appeals process. He did not favor establishing a board that has no authority, and urged the Council to not consider forming such a board. Mr. Ken Miller, 7336 Cleargrove Drive, expressed concern regarding Council action on a non -agenda item, wherein the public did not receive advance notice of an action to be taken in not allowing the public to listen to Council Meeting tapes and to have them destroyed after 90 days. He will seek to obtain an injunc- tion to stop destruction of the tapes. Mr. Sorensen indicated the tapes are used for the purpose of assisting the Clerk in preparing the Minutes, and once the Minutes are prepared, the Council has the authority to dispose of the tapes. It is possible while the tapes are kept that they are subject to the Public Records Act, but he would have to check on it to be sure. Sharon Hawkins, 12230 Pomering Road, said she has heard a lot of arguments against establishing the Tenant -Landlord Board, but no better solutions have been proposed. The tenants still need a place to go where they can voice their com- plaints, and the Council still needs to be aware of what the problems are. Mary Ann Landers, 8536 Fontana Street, spoke as a representative of the "Mom and Pop" type of landlord and mentioned no one was there to protect her when the tenants tore things up and did not pay their rent. Mr. Terry Middlebrooke, 9332 Dalewood, spoke regarding the Council tapes, saying there were no requests made as to the cost of the tapes and what it costs to let the public listen to them. He questioned why the Council voted for it. Mr. Bill Lehman, 8615 Florence Avenue, representing himself and his partner, Mr. Jack Robinson, addressed the Council regarding the issue of the Tenant -Landlord Appeals Board. He said they are involved in rentals and have been forced to raise rents because of the cumulative Cost of Living Index. He raised concern that establishing the Board will open the door for bureaucratic regulations. Mr. Lehman expressed further objections to the Board as interfering with landlords' rights to free enterprise. Mr. Kile complimented the Police and Fire Departments. Mr. Larry Hoag asked that there be some notification if the Tenant -Landlord issue comes up again, and he was informed he would be notified. Mr. Baysinger, 7902 Baysinger Drive, inquired if a board would be established where he can complain about the price of gasoline and medical costs. There being no further business to come before the City Council, the meeting was adjourned at 10:18 p.m. �4zG \ z Robert L. Shand, City Clerk` -Treasurer Council Minutes 8/12/80 -10-