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HomeMy WebLinkAboutMinutes-10-14-80-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 14, 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. Presentation by Assemblyman Bruce Young 1 Res. #3872, Ordering Annexation to Ltg. Maint. Dist. (Annex. 80/16 - Brookshire) Adopted 1 DIP #710, N/s Century Bl. W/o Lakewood: Auth. Dept. Comm. Dev. proceed w/Chptr. 27 procedures & include imprvmts. in S.S. Proj. #340, Century Bl. Approved 2 Joint Public Hearing of Council & Community Dev. Comm. on proposed Redevelopment Plan Amndmt. #2 for Downey Redevelopmt. Proj. & assoc. EIR Closed 2 Res. 43873, adopting EIR f/Downey Redevelopmt. Plan Amndmt. 42 Adopted 3 Ord. Apprvg. & Adoptg. Redevelopmt. Plan Amndmt. #2 for Downey Redevelopmt. Proj. Area as Official Redevelopmt. Plan for such Proj. Area Introduced 3 Ord. Amending DMC Sec. 9166.05 re Conditional Use Permits Introduced 4 Minutes: Adj. Reg. Mtgs., September 16, 1980; September 22, 1980; September 23, 1980; September 29, 1980; & Reg. Mtg. September 23, 1980 Approved 4 Corres. from L.A. County Bd. Supervisors re Endorsement of Prop. A - 1/2% Sales Tax to fund Regional Transit System Filed 4 S.S. Proj. #340, Century B1. bet. Rosecrans & Lakewood: Plans & specs & grant auth. to advertise f/bids Approved 4 CC #464, Residential Street Resurfacing: Plans & specs & grant auth. to advertise f/aids Approved 4 CC #475, Water & Sewer Relocations N/o Santa Ana Fwy. @ Paramount Bl.: Plans & specs & auth. Mayor to sign Utility Agmt. w/Caltrans Approved 4 General Warrants: #185792 - 186193 #207438 - 207516 Approved 4 Street Lighting Special Augmentation Funds Approved 4 Res. #3874, Adopting Regulations Governing Tape Recordings of Council Meetings & Rescinding Res. #3359 Adopted 5 All tape recordings previous to this mtg. except those tapes the City Clerk feels must be held, to donate the tapes to the Downey Historical Society Approved 5 Res. Requiring Maximum Vehicular Access to Downey Community Hospital Failed 6 Condominium Conversion Ordinance Hearing set for November 12, 1980 7 Page 1 of 3 COUNCIL MINUTES, OCTOBER 14, 1980 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: PAGE NO. Ord. Repealing & Adding Secs. DMC Adopting Introduced; hearing set for Uniform Fire Code, 1979 Edition November 12, 1980 7 Ord. Adding, Amending, & Repealing Secs. Introduced; hearing set for adopting by Ref. 1979 Uniform Bldg. Code November 12, 1980 7 Ord. Amending Sec. Adopting by Ref. Introduced; hearing set for 1979 Uniform Housing Code November 12, 1980 7' Ord. Repealing Sec. Adopting by Ref. Introduced; hearing set for 1979 Uniform Plumbing Code November 12, 1980 7 Ord. Amending Sec. Adopting by Ref. Introduced; hearing set for 1979 Uniform Mechanical Code November 12, 1980 7 Ord. Amending Sec. Adopting by Ref. Introduced; hearing set for 1979 Dangerous Buildings Code November 12, 1980 7 Ord. Adopting by Ref. 1979 Uniform Solar Introduced; hearing set for Energy Code November 12, 1980 8 Ord. Amending & Adding Secs. to Bldg. & Introduced; hearing set for Property Rehab. November 12, 1980 8 Ord. Amending Sec. of National Introduced; hearing set for Electrical Code November 12, 1980 8 Ord. Auth. Reimbursement of Certain Minimum Expenses incurred by Each Member of City Council & Repealing Ord. #529 Introduced 8 Ord. Establishing a Trust Fund Known as Downey Cultural Arts Trust Fund Introduced Ic Res. #3875, Apprvg. Program Suppl. #6 to City/State Agmt. #07-5334 f/Emergency Relief Projs. pursuant to Federal Aid for Emergency Relief Act Adopted 9 Res. #3876, Auth. Exchange of Certain Park Lands Adopted 9 Res. #3877, Accepting 17§ ft. Wide Portion of Offer of Dedication of Certain 27 ft. Wide Future Street lying Sly. of Orange St. & designated as Orizaba Av. Adopted 9 Res. #3878, Apprvg. Statement of Purpose & Rules of Operation for City of Downey Arts Council Adopted 9 Res. #3871, Commending V.I.C.T.I.M.S. Comm. f/Efforts to Prevent Sex Offenders to Prey on Innocent Victims Adopted 9 Res. #3879, Amending 80-81 Manning Table Adopted 9 Res. #3880, Amending Management -Supervision Pay Plan for 80-81 Adopted 10 Res. #3881, Apprvg. Amendment to Joint Exercise of Powers Agmt. w/Cities of Norwalk & Pico Rivera re SE Animal Control Adopted 10 Design & Const. of Golden Park Recreation Bldg.: Direct staff to develop agmt. w/Willis Hanes, A.I.A. as architect Approved 10 Appeal, Zone Variance #135, 8420 Eucalyptus Hearing set for November 12, 1980 10 Page 2 of 3 COUNCIL MINUTES, OCTOBEa 14, 1980 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: Auth. filing of $75,000 Transit Grant Appl. to replace 2 existing vans from 80-81 funds Staff to prepare letter f/Council signatures in favor of State Control of Vehicle Inspection Program rather than a mandate of Federal govt. Mayor Jackman requested Council review Parks & Rec. Bond Issue on Nov. ballot Discussion re turning Council tapes over to Historical Society & clarification re public meetings Meeting adjourned in memory of Mrs. Priscilla Winslow, former member of Recreation & Community Services Comm.. for Dist. 3 ACTION: Approved Approved PAGE NO. 10 10 10 10 10 Page 3 of 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 14, 1980 The City Council of the City of Downey held a regular meeting at 7:30 p.m., October 14, 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 Carl K. Newton, Acting 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 Don Davis, Fire Chief William A. Goggin, City Planner Harry Rayson, Acting Building Official Harald J. Henriksen, City Engineer John H. Saunders, Personnel Officer Robert Brace, Civil Engineer John Thomason, Risk Manager Thomas Tincher, Housing & Redevelopment Coordinator Don Wagner, Administrative Assistant Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Betty Nielan, Minister of Ministeries, Downey First Baptist Church. The Flag Salute was led by Councilman Quinn. PRESENTATIONS Assemblyman Bruce Young presented to the Council a Summary of this year's Legislative Session. He commented on a meeting held today, wherein he was informed that 80 percent of the homes left in the I-105 Freeway corridor cannot be rehabili- tated, moved, or relocated, and it was recommended the homes be demolished. It is anticipated this will commence in approximately 60 days. HEARINGS Mayor Jackman opened the hearing on Lighting Maintenance District AD 121, Annexation 80/16 Brookshire Avenue. He inquired if the City Clerk had the Affi- davit of Posting of Notice and 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 protest to the Annexation, it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing. RESOLUTION NO. 3872 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN AREA INTO LIGHTING MAINTENANCE DISTRICT AD 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THOSE AREAS UNTIL JANUARY 31, 1983 (ANNEXATION 80/16) The Resolution 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 Resolution No. 3872. Mayor Jackman opened the hearing on Downey Improvement Project #710, North side Century Boulevard west of Lakewood Boulevard. He inquired if the City Clerk had the Affidavit of Posting of Notice and Mailing, and the response was yes. Council Minutes 10/14/80 -1- It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and so ordered to receive and file the Affidavit. Mr. Henriksen stated this involves one property on the north side of Century Boulevard west of Lakewood Boulevard. He cited the work required under Chapter 27 proceedings and the estimated cost for the improvements, which includes additional work requested by the property owner. Mayor Jackman inquired if the City Clerk had received any written protests or objections, and the resonse was no. Mayor Jackman then asked if there was anyone present to speak in protest to the improvements. Mr. Cecil Shaver, owner of the property in question, said he is not necessarily speaking in protest, and he mentioned he has submitted a letter to the Council re- garding his position on this matter. City Clerk Robert Shand read Mr. Shaver's letter aloud. Mr. Shaver mentioned since his letter was written, he has been in contact with the lessee of the property, who has indicated that if the contractor will remove the poles and stockpile them, he will relocate the poles himself. In view of this, Mr. Shaver recuested the $500 cost for relocation of chain fence barrier be removed from the estimated costs. He then asked that the City and contractor work with his tenant so that the poles can be installed in order to erect the chain barrier. Mr. Henriksen indicated there could be an additional minimal cost to the City. There being no one else to speak, it was moved by Councilman Swearingen, seconded by Councilman Mackaig, and so ordered to close the hearing. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to authorize the Department of Community Development to proceed with Chapter 27 procedures and include these improvements in S.S. Project #340, Century Boulevard. Mayor Jackman opened the joint public hearing of the City Council and Community Development Commission on the Proposed Redevelopment Plan Amendment for the Downey Redevelopment Project and the associated Fnvirnnmc»+a1 Tn,.,a,. Report. He of Mailing, inquired if the City Clerk had the Proof of and the response was yes. t Mr. Tincher summarized the materials being presented as part of this hearing. He said a representative from the County is present and will submit information relative to the County Board of Supervisors' action on the proposed amendment. Mr. Ray Fortner of the County Counsel's office mentioned he has a letter from the County Board of Supervisors asking that its opposition to the proposed redevelopment plan be placed into the administrative record. Mayor Jackman indicated a meeting was held with the Fiscal Review Committee, who agreed with the proposed amendment and made recommendation to the Board of Supervisors. Also, the Chief Administrative Officer of the Board recommended adoption. He read a letter from Supervisor Schabarum concerning the Board's rejec- tion of the City's proposed amendment. Mayor Jackman asked if the alternative to the County would be to sue the City in order to stop it from proceeding on this. Mr. Fortner replied yes and said placing the Board's opposition into the record preserves that remedy for the Board should it decide to take that action. For clarification, Mr. Thompson pointed out it is not necessary for the City to receive approval from the Board of Supervisors in order to proceed on this. Councilman Swearingen indicated he will abstain from voting on this matter. At this point, the Community Development Commission adopted a Resolution adopting and approving its report on the proposed Redevelopment Plan Amendment #2 and transmitting said Report and the proposed Amendment #2 to the City Council. It was moved by Councilman Mackaig, seconded by Councilman Cormack, and so ordered to receive and file Report to the City Council as part of the public hearing record. Council Minutes 10/14/80 -2- Mr. Tincher then reported on the proposed amendment which, he said, involves adding an extension to Subarea D of the existing Downey Redevelopment Project. The extension consists of the area easterly from the south side of Firestone Boulevard to the east side of Brookshire Avenue, then westerly around the Downey Community Theatre, northerly to the north side of Second Street, and back to the existing project boundary. This would not effect any limitations that are established within the existing plans. Mayor Jackman inquired if the City Clerk had received any correspondence on this matter, and the response was no. There being no one present to speak to the proposed Downey Redevelopment Plan Amendment #2 and the Environmental Impact Report, it was moved by Councilman Mackaig, seconded by Councilman Cormack, and so ordered to close the hearing. Councilman Swearingen asked if Mr. Waller was informed of this. Mr. Thompson replied yes and said he advised Mr. Waller he would contact him if the Council's action was affirmative on the project. RESOLUTION NO. 3873 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE ENVIRONMENTAL IMPACT REPORT FOR THE DOWNEY REDEVELOPMENT PLAN AMENDMENT NO. 2 The Resolution 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 adopt Resolution No. 3873. AYES: 4 Council Members: Mackaig, Quinn, Cormack, Jackman ABSTAIN: 1 Council Member: Swearingen . ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING REDEVELOPMENT PLAN.AMENDMENT NO. 2 FOR THE DOWNEY REDEVELOPMENT PROJECT AREA AS THE OFFICIAL REDEVELOPMENT PLAN FOR SUCH PROJECT AREA The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Quinn to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed by the following vote to introduce the Ordinance. AYES: 4 Council Members: Mackaig, Quinn, Cormack, Jackman ABSTAIN: 1 Council Member: Swearingen Mayor Jackman opened the hearing on proposed Amendment to the Code, Comprehensive Zoning Ordinance, pertaining to Permissive Ini Conditional Use Permits. He inquired if the City Clerk had the Pr tion, and the response was yes. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to receive and file the Proof. Mr. Goggin explained the Ordinance was prepared to make it possible to develop the property known as the river channel but actually is the settling basin on the west side of the "island" (north side of Suva Street, east of Scout). He commented on the procedure to be followed under the ordinance, whereby the applicant could then develop the property. Mr. Goggin stated the Ordinance would guarantee the pro- perty would be under control of the City so that the only use permitted would be that which is granted by the Council. He pointed out there was a request for mini -warehouse development on the property, and it is felt the Ordinance would give the City the type of development that would be the best for the City and the neighborhoods effected. Mayor Jackman inquired if the City Clerk had received any correspondence on this matter, and the response was no.. Council Minutes 10/14/80 -3- There being no one present to speak in protest or in favor, it was moved by Councilman Mackaig, seconded by Councilman Cormack, and so ordered to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING THERETO SECTION 9166.05, WHICH SAID SECTION RELATES TO CONDITIONAL USE PERMITS 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 introduce the Ordinance. CONSENT CALENDAR It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to approve the Consent Calendar: Correspondence from Los Angeles County Board of Supervisors regarding Endorsement of Proposition A - One-half Percent Sales Tax to fund Regional Transit Svstem. (Filed) S.S. Project #340, Century Boulevard 'between Rosecrans Avenue and Lakewood Boulevard: Approve plans and specifications and grant authority to advertise for bids (A/C #26-1-6210). Cash Contract #464, Residential Street Resurfacing: Approve plans and speci- fications and grant authority to advertise for bids (A/C #21-13971). Cash Contract #475, Water and Sewer Relocations north of Santa Ana Freeway at Paramount Boulevard: Approve plans and specifications and authorize Mayor to sign Utility Agreement with the California Department of Transportation (A/C #51-18617 & #40-13969). General warrants: #185792 - 186193; #207438 - 207516: $1,251,303.49. Street Lighting Special Augmentation Funds. AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman 1.4 2kreAAiIlk to) tNW With the permission of the Council, the Resolution adopting Regulations Governing Tape Recordings of Council Meetings was moved forward on the Agenda. Councilmen Swearingen, Quinn, and Cormack favored Resolution A. Mayor Jackman did not favor Resolution A or B and prefers that the current tape retention policy remain as it is. Mr. Kenneth J. Miller, former Mayor and Councilman, said Resolution A is mis- leading, in that it precludes a person from listening to the tape during the 30-day period. He cited the Attorney General's opinion in 1962 and commented on the Public Records Act, noting the Act provides for openness of Council Meetings. He expressed hope the Counuil would save the taxpayers the cost of filing an action in Superior Court to prove they do have a right to records of conduct of the people's business. (name inaudible) said the tapes are of value in that they are the history of Downey, and she urged the Council to consider relinquishing the tapes to the Historical Society. Steven Young pointed out that a show of hands at the last Council Meeting in- dicated 80-90 percent of the people present were in favor of keeping the tapes. He questioned why the issue of tape destruction came up soon after the recall was initiated. He said the Council and its activities are in behalf of the public, and the public should be able to look into the positions and discussions of the issues after the vote has been determined. Council Minutes 10/14/80 -4- (�,U6 Mr. Edwin H. Wood, 9318 True Avenue, pointed out the written minutes of the meetings are a synopsis and not a verbatim transcript. He requested the Council to retain the tapes. Councilman Swearingen inquired about changing Resolution A so that people can listen to the tapes for the 30 days. Mr. Newton suggested amending Resolution A, on Page 2, Paragraph (3), the second sentence, by striking "required to be retained for more than 30 days." The sentence would then read, "Upon request and by appointment, tapes may be played for public use in the Clerk's office at such times as may be convenient for the City Clerk." When asked by the Mayor about allowing a transcript to be prepared within the 30-day period, Mr. Newton said the Resolution can be changed to allow for preparation of transcripts. kept. Councilman Quinn asked how long the tapes are audible after they have been Mr. Shand replied anything over four or five years becomes garbled. It was moved by Councilman Cormack to approve Resolution A as amended. When asked if he agrees, Mr. Shand said he does not concur with Resolution A. He pointed out that if he is required to dispose of tapes, a record retention pro- gram will have to be set up, as well as obtaining permission of the City Attorney and City Council each time staff wishes to dispose of tapes. The motion was seconded by Councilman Quinn and passed by the following vote: AYES: 3 Council Members: Swearingen, Quinn, Cormack NOES: 2 Council Members: Mackaig, Jackman RESOLUTION NO. 3874 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING REGULATIONS GOVERNING TAPE RECORDINGS OF COUNCIL MEETINGS AND RESCINDING RESOLUTION NO. 3359 The Resolution 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 the following vote to adopt Resolution No. 3874. Mr. Miller feels the Council will ultimately be found in violation of the Public Records Act and the fact that records have to be retained for two years. Responding to a question, Mr. Newton said this policy, if adopted, would re- late to all tapes made following the policy. Up to this time, any tapes that exist would be governed by the policy in effect up to the time of adopting the new policy. Mr. David Ray, 7338 Nada, questioned how the tapes of public hearings will be separated from those that do not contain hearings. AYES: 3 Council Members: Swearingen, Quinn, Cormack NOES: 2 Council Members: Mackaig, Jackman Mayor Jackman declared a recess from 8:35 p.m, to 8:45 p.m. The meeting resumed with all Council Members present. It was moved by Councilman Cormack, seconded by Councilman Swearingen, and passed by the following vote that all tape recordings previous to this meeting ex- cept those the City Clerk feels he must hold for some reason, to donate those to the Downey Historical Society. Mr. Newton said if tapes are disposed of, it would be limited to tapes two years old or older until such time as they would be eligible for either destruction or disposition if they were regarded as public records up to the time of adoption of this policy. The motion could relate to tapes two years old or older. Councilman Cormack stated his motion was for other than those tapes the City Clerk feels had to be held. AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman Council Minutes 10/14/80 -5- Mr. Newton stated a resolution should be prepared to that effect to be con- sistent with provisions of the Government Code. He was asked to prepare the resolution. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUIRING MAXIMUM VEHICULAR ACCESS TO THE DOWNEY COMMUNITY HOSPITAL The Resolution was read by title only. Mr. Thompson explained this Resolution pertains to the area which includes the Diller project and that Mr. Diller's architects and representatives are pre- sent to give a status report on the project. He said architectural work is proceeding on both the medical office building and senior citizen board and care facility. The agreement between the Community Development Commission and Mr. Diller contains the Commission's commitment to either vacate, partially vacate, or close Iowa Street to accommodate a green area between the proposed development and existing development on the north. The agreement also states the Commission shall develop or assist in development to a maximum of $123,000. Mr. Michael Rosenberg, representing Mr. Diller, stated other architects work- ing on the project are present, and he noted the project is now ready for plan checks next month. Then, he said, upon approval the project will go out for public bid for construction of the buildings. Mavor Jackman asked if there was anyone present from the Downey Community Hospital or other persons to speak in favor of the Resolution, and there was no response. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading of the Resolution. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to adopt the Resolution. Councilman Cormack indicated he would like to make a motion to postpone action on the Resolution, inasmuch as he has heard a majority of the people are opposed to closing Iowa Street. Mr. Thompson commented on the original proposal submitted to the Council which, he said, called for closure of Iowa Street. At that time, public hearings were held and the City Council postponed action on the plan for several months giving ample time for new architectural drawings to be submitted, which never occurred. Finally, the Council took action to approve a Development and Disposition Agreement with Mr. Diller, which calls for the closure of Iowa Street. Subsequent to the Agreement, Mr. Diller has had architects working on the project and is now ready to start finalization of construction drawings for both buildings. Mr. Thompson explained the importance of closing Iowa Street is that it would integrate the entire development as an overall medical campus and allow for additional parking. Police Chief Martin and Fire Chief Davis each indicated the closure of Iowa Street would have no adverse effect on police patrol or the Fire Department. Mr. Henriksen mentioned the closure of Iowa Street would require vacation pro- ceedings in accordance with the Streets & Highways Code. The vacation proceedings have not been undertaken as yet. AYES: 0 Council Members: None NOES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman Failed. ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING SECTIONS 3300 THROUGH 3333 OF THE DOWNEY MUNICIPAL CODE AND 3352 THROUGH 3359, AND ADDING SECTIONS 3300 THROUGH 3333 AND SECTIONS 3352 THROUGH 3360 ADOPTING THE UNIFORM FIRE CODE, 1979 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND WESTERN FIRE CHIEFS ASSOCIATION AND PROVIDING FOR ADDITIONS, DELETIONS AND AMENDMENTS TO SAID CODE Council Minutes 10/14/80 -6- 6--o The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Quinn to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed by unanimous vote to introduce the Ordinance and set the hearing for 7:30 p.m., November 12, 1980, in the Council Chamber of the Downey City Hall. It was noted the City Council hearing on the Condominium Ordinance is scheduled for 7:30 p.m., October 28, 1980, in the Council Chamber of the Downey City Hall. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTIONS 8204, 8218, 8225, AND 8230.2; AMENDING SECTIONS 8200, 8202.1, 8206, 8208, 8209, 8210, 8211, 8213, 8214, 8219, 8221.1, 8221.3, 8222.1, 8240, 8241.1, AND 8246; REPEALING SECTIONS 8207, 8220, 8221.2, 8223, 8224, 8226.1, 8228, 8230, 8230.1, 8231, 8231.1, 8232, 8233, 8234, 8235, 8236, 8239.05, 8239.2, 8241, AND 8241.3; AND ADOPTING BY REFERENCE THE 1979 UNIFORM BUILDING CODE 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 introduce the Ordinance and set the hearing for 7:30 p.m., November 12, 1980, in the Council Chamber of the Downey City Hall. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 8300 AND ADOPTING BY REFERENCE THE 1979 UNIFORM HOUSING CODE 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 unanimous vote to introduce the Ordinance and set the hearing for 7:30 p.m., November 12, 1980, in the Council Chamber of the Downey City Hall ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING SECTION 8502 AND ADOPTING BY REFERENCE THE 1979 UNIFORM PLUMBING CODE 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 unanimous vote to introduce the Ordinance and set the hearing for 7:30 p.m., November 12, 1980, in the Council Chamber of the Downey City Hall. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 8700 AND ADOPTING BY REFERENCE THE 1979 UNIFORM MECHANICAL CODE 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 unanimous vote to introduce the Ordinance and set the hearing for 7:30 p.m., November 12, 1980, in the Council Chamber of the Downey City Hall. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 8800 AND ADOPTING BY REFERENCE THE 1979 DANGEROUS BUILDINGS CODE Council Minutes 10/14/80 -7- 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 unanimous vote to introduce the Ordinance and set the hearing for 7:30 p.m., November 12, 1980, in the Council Chamber of the Downey City Hall. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING BY REFERENCE THE 1979 UNIFORM SOLAR ENERGY CODE The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Quinn to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed by unanimous vote to introduce the Ordinance and set the hearing for 7:30 p.m., November 12, 1980, in the Council Chamber of the Downey City Hall. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 8901 AND ADDING SECTION 8901.1 TO BUILDING AND PROPERTY REHABILITATION The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Quinn to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed by unanimous vote to introduce the Ordinance and set the hearing for 7:30 p.m., November 12, 1980, in the Council Chamber of the Downey City Hall. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 8417.1 OF THE NATIONAL ELECTRICAL CODE The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Quinn to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed by unanimous vote to introduce the Ordinance and set the hearing for 7:30 p.m., November 12, 1980, in the Council Chamber of the Downey City Hall. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE REIMBURSEMENT OF CERTAIN MINIMUM EXPENSES INCURRED BY EACH MEMBER OF THE CITY COUNCIL AND REPEALING ORDINANCE NO. 529 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 introduce the Ordinance. It was noted the Ordinance pertaining to Cable Television is presented in draft form only, and if there are no changes by the City Council, it will be on the next Agenda for introduction. No changes were indicated. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A TRUST FUND KNOWN AS THE DOWNEY CULTURAL ARTS TRUST FUND 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 introduce the Ordinance. ORAL COMMUNICATIONS - Items not on Agenda: None Council Minutes 10/14/80 -8- L, RESOLUTIONS RESOLUTION NO. 3875 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. 6 TO THE CITY OF DOWNEY STATE AGREEMENT NO. 07-5334 FOR EMERGENCY RELIEF PROJECTS PURSUANT TO THE FEDERAL AID FOR EMERGENCY RELIEF ACT The Resolution 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 Resolution No. 3875. RESOLUTION NO. 3876 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE EXCHANGE OF CERTAIN PARK LANDS The Resolution 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 Resolution No. 3876. RESOLUTION NO. 3877 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ACCEPTING A SEVENTEEN AND ONE-HALF FOOT WIDE PORTION OF THE OFFER OF DEDICATION OF THAT CERTAIN TWENTY-SEVEN FOOT WIDE FUTURE STREET LYING SOUTHERLY OF ORANGE STREET AND DESIGNATED AS ORIZABA AVENUE The Resolution 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 adopt Resolution No. 3877. RESOLUTION NO. 3878 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE STATEMENT OF PURPOSE AND RULES OF OPERATION FOR THE CITY OF DOWNEY ARTS COUNCIL The Resolution 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 Resolution No. 3878. RESOLUTION NO. 3871 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY COMMENDING THE V.I.C.T.I.M.S. COMMITTEE FOR THEIR EFFORTS TO PREVENT SEX OFFENDERS TO PREY ON INNOCENT VICTIMS The Resolution 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 Resolution No. 3871. RESOLUTION NO. 3879 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE 1980-81 MANNING TABLE The Resolution 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 Resolution No. 3879. Council Minutes 10/14/60 -9- RESOLUTION NO. 3880 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE MANAGEMENT -SUPERVISION PAY PLAN FOR 1980-81 The Resolution 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 Resolution No. 3880. RESOLUTION NO. 3881 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT WITH THE CITIES OF NORWALK AND PICO RIVERA REGARDING THE SOUTHEAST ANIMAL CONTROL AUTHORITY The Resolution 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 Resolution No. 3881. MISCELLANEOUS ACTIONS It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to direct staff to develop an agreement with Willis Hanes, A.I.A., as architect and consultant for the design and construction of the Golden Park Recreation Building. It was so ordered to set a hearing on Appeal to Zone Variance Case #135, 8420 Eucalyptus Street, for 7:30 p.m., November 12, 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 authorize the filing of a $75,000 Transit Grant Appli- cation to replace two (2) existing vans from the 1980-81 funds. CITY MANAGER'S REPORT - None STAFF REPORTS - None ORAL COMMUNICATIONS - City Council Councilman Mackaig commented on receipt of a correspondence from the Automo- bile Club of Southern California requesting the City Council to send letters to its State and Federal representatives in favor of State control of the Vehicle Inspection Program rather than a mandate of the Federal government. Councilman Cormack mentioned there were no environmental concerns until the State of California started many years ago to do something in this area. The Council concurred that staff prepare a letter for the Council Members' signatures. Mayor Jackman suggested the Council review the Parks & Recreation Bond Issue appearing on the November Ballot to see if the Council agrees it should be passed. Councilman Cormack asked that the meeting be adjourned in memory of Priscilla Winslow, who was a faithful member for many years on the Recreation & Community Services Commission for District 3. ORAL COMMUNICATIONS - Audience Mr. Ken Miller, 7336 Cleargrove Drive, inquired regarding the minute action to give the Council tapes to the Historical Society. Mr. Newton clarified the action taken by the Council was to direct that a resolution be prepared authorizing those tapes of Council meetings which are over two years old and eligible for destruction under the Public Records Act to be turned over to the Historical Society. Council Minutes 10/14/80 -10- Mr. Miller publicly lodged a protest to the action against destruction of any tapes because, he said, an action will be filed in Superior Court. He asked that his statement be recorded in the minutes verbatim. Councilman Cormack said this is a Council meeting open to the public but is not a public meeting for the public to come in and make motions. Councilmen Cormack, Swearingen, and Quinn objected to Mr. Miller's request. Mrs. Hazel Scott, 9203 Cord Avenue, former Mayor and Council Member, requested the City Attorney to clarify the difference between a public meeting, a meeting open to the public, and how this meeting is defined. Mr. Newton stated a Council meeting is a public meeting and a meeting open to the public. It is a meeting for the transaction of the business of the City Council. The City Council Members acting as a body are the only ones authorized to take action at the meeting. Mr. Miller wondered whether the courts have held that the right to attend a public meeting runs concurrent with the right to speak. Mr. Newton explained the Council has the right to control business before it, and the Council can provide for public participation or preclude public participa- tion if it deems that is necessary in order to accomplish the public's business. Mr. David Ray, 7338 Nada, asked for a response from the Mayor concerning his investigation regarding Business License problems in the City. Mayor Jackman replied he is still doing investigative work and will talk to Mr. Ray privately about it. He has no answers at this time. At 9:45 p.m., the meeting was adjourned in memory of Mrs. Priscilla Winslow, former member of the Recreation & Community Services Commission for District 3. ert L. Shand, City Clerk -Treasurer Council Minutes 10/14/80 -11-