HomeMy WebLinkAboutMinutes-02-24-81-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 24, 1981
T A B L E O F M I N U T E A C T I O N S
SUBJECT: ACTION: PAGE NO.
Permit of William E. Darrow to conduct
dances at 11010 So. Paramount B1.: Motion
to back Police Chief's decision & deny Tentative approval; Resolution
the permit to be brought back next meeting 3
Ord. amending Zoning Map adopted by Sec.
9106.06 DMC (Planning Res. #427, Zone
Change Case #168)(12405-12527 Paramount
Bl. & 7936-48-56-62-68 Quill Dr.) Introduced 3
Ord. amending Zoning Map adopted by Sec.
9106.06 DMC (Planning Res. #426, Zone
Change Case #170)(10015 & 10051 Imperial) Introduced 4
Minutes: Reg. Mtg., February 10, 1981; &
Adj. Reg. Mtg. February 11, 1981 Approved 4
Rejection of Legal Claim: Ref. #511 Approved 4
General Warrants: #189073 - 189325
#207860 - 207908 Approved 4
Res. #3919, Congratulating Robert A. Filla
on term as Pres., SE Dist. Bar Assn. Adopted 4
Citizens' comments re Councilmanic Domicile 4
Inquiries re Sign Ord. status & requests
to be invited to study session 5
Metro -Centre Redev. Plan: Mr. Ed Wallar
went on record in opposition 5
Ord. #653, amending Zoning Map adopted by
Sea. 9106.06 DMC (Zone Change Case #169)
(12127-43 Downey Av.) Adopted 5
Res. #3920, Urging State. Legis. & Governor
to support U.S. & Calif.'s desire for
independence from Oil Imports & effect an
increase in State Gasoline Tax for State -
supported research & dev. of alt. sources
of energy & for maint. & operation Of
streets & highways within State of Cal. Adopted as amended 5
Res. #3921, Decl. Int. to Vacate Wly. 9.50'
of 27' Dedication & Wly. 7' of 30' wide
Future Street lying Sly. of Orange St. &
Designated as Orizaba Av. Adopted 6
Res. #3922, Establishing Compensation for
Just & Reasonable Expenses for certain
Boards & Commissions & rescind Res. #3850 Adopted 6
Res. #3923, endorsing Priority Plan for
Expenditure for Jurisdictions within L.A.
County from Calif. Parklands Act of 1960 Adopted 6
CC #466, N/o Harper bet. Rives/Smallwood;
N/o 8th bet. Rives/Smallwood; & W/o
Paramount bet. Fifth/Sixth: Award to Duran
Enterprises Inc. f/const. of alley impvmts. Approved 6
CC #475, N/o Santa Ana Fwy. @ Paramount:
Award to Thibodo Const. Co. f/relocation
of Water & Sewer & auth. transfer of funds Approved 6
Page 1 of 2
COUNCIL MINUTES, FEBRUARY 24, 1981
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT:
Downey Recall Committee: Requests for
Council to auth. City Attorney to file
Court appeal re Judge's decision
Req. for hearing on Appeal, Zone Variance
#134, 7826 Fontana St.
Amendments to Sign Sec. of DMC
Adoption of Downtown & Firestone Corridor
Specific Plans & their EIR
Cn. Swearingen inquiry re dogs running
loose in parks
Cn. Mackaig to prepare Resolution re
VICTIMS
Cn. Cormack cites complaint re tree
pruming from resident on Wiley -Burke
Cn. Cormack cited complaints re riding of
dirt bikes in Rio Hondo River bed near the
Island & attempted burglaries in the area
Mayor Jackman suggests Council consider
way to subsidize admission for senior
citizens to Downey Civic Light Opera
productions
Meeting adjourned to 4:30 p.m.,
February 26, 1981
ACTION: PAGE NO.
No action 7
Subm. to next meeting 8
Study session set for 4:30 p.m.,
March 9, 1981 8
Hearing set for April 14, 1981 8
8
0
Ref. to Dir. Public Works 8
Referred to Police Chief 9
0
Page 2 of 2
a 7/4/9
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 24, 1981
The City Council of the City of Downey held a regular meeting at 7:30 p.m.,
February 24, 1981, 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, Building Official
Harald J. Henriksen, City Engineer
John H. Saunders, Personnel Officer
Robert Brace, Civil Engineer
Tom Matuk, Code Enforcement Officer
Thomas Tincher, Housing & Redevelopment Coordinator
Robert L. Shand, City Clerk -Treasurer
Judy McDonnell, Executive Secretary
The Invocation was delivered by Reverend Gary W. Neilan, First Baptist Church.
The Flag Salute was led by Councilman Mackaig.
HEARINGS
Mayor Jackman opened the hearing to show cause as to whether the permit of
William E. Darrow to conduct public dances at 11010 South Paramount Boulevard should
be allowed. He asked the Police Chief to render any information and/or recommenda-
tion he might have for the City Council.
Chief Martin commented on the Code requirement for Police Department investiga-
tion of permit applications. He said he spoke with Mr. Darrow, who gave him a list
of the following changes made in his business establishment since revocation of the
dance permit:
1. Tripled outside lighting. (The Police Department concurs --the lighting is
much better.)
2. Exceeded emergency lighting requirements. (The Police Department concurs.)
3. Corrected hazardous electrical problems. (The Police Department assumes
this is true.)
4. Installed a light sensor. (The parking lot lighting is much better. The
lights are automatically autivated by darkness.)
5. Increased security, including uniformed guards on busy nights. (Police
making the investigation were unable to find the security guard, but
according to Mr. Darrow business has been so slow he has not done this.)
6. Instituted a more stringent dress and improvement of interior decor.
(The officers did not find a dress code being enforced. This is not a
Code requirement.)
7. Added intensive sound insulation to walls and windows to eliminate outside
noise. (A roll of carpet has been installed over the door and at 10:00
p.m. is rolled down across the door to insulate the sound.)
S. Moved the entry to the front of the building for better crowd and noise
control.
Chief Martin stated it does appear improvements have been made, but he feels
that re-routing customers, in his opinion, is not a permanent solution to the noise
problem, in his judgment he cannot make a determination that the business will not
disturb the peace and quiet of the neighborhood, and therefore, he has denied the
permit. He added that the Ordinance is well written, it has been tested in the
Superior Court on two occasions, and its constitutionality has been upheld.
Council Minutes 2/24/81 -1-
Mayor Jackman then asked if Mr. Darrow or his representative would like to
address the Council.
Mr. William E. Darrow, 9602 Samoline, referring to the carpet over the door,
feels it does not matter what measures are taken so long as they are effective.
The officers making the investigation were 20 feet away before they heard loud music
emitted from the building. He questioned what all this has to do with dancing, and
what type of environment he is creating that is different than any other similar
business. Mr. Darrow said he does not want to disturb his neighbors and intends to
be a good businessman in the City of Downey. He has done what has been asked of him,
and all he wants is a chance to prove himself.
Mr. Arthur McCullough, 7912 Fourth Place, representing homwowners in the imme-
diate area, commented on the problems that occurred which gave them reason to be
concerned for the safety of their children, families, and homes. He said they
appreciate what the Police Chief and City Council have done, and since the dancing
stopped they have not had anyone else creating problems. He suggested there are
ways to improve one's business other than by dancing.
Mr. David Ray, 7338 Nada, favored granting Mr. Darrow the dance permit for at
least two weeks and give him a chance to prove what he can do.
Mrs. Betty Ferraro, 7900 East Fourth Place, pointed out the problems occurred
last summer, and they fear for the summer of 1981 if the permit is granted. She
cited incidents that occurred in the neighborhood which brought the neighbors to
band together to see if something could be done.
Mr. Jerry Neilson, Manager of Foxy's Restaurant, mentioned there have been no
problems since the dance permit was revoked, but that if they are allowed to dance
again, Mr. Darrow's lot is not large enough to hold all of the cars and they will
overflow into Foxy's lot; plus, Foxy's will be forced to rehire a security guard.
Being granted time for rebuttal, Mr. Darrow said he shares his parking lot
with Foxy's restaurant, He has taken adequate steps to curb and control incidents
that have occurred. Mr. Darrow stated for the record that many accusations have
been made but there have been no convictions, and there have been no settlements
showing these accusations actually exist. He said a permit is a privilege, not a
right, and he has tried to work with the City and do the right things. He would
like a chance to prove what he has done is right.
There being no one else to speak, it was moved by Councilman Swearingen,
seconded by Councilman Mackaig, and so ordered to close the hearing.
Councilman Swearingen recommended Mr. Darrow be granted a 30-day time period
to see what he can do.
Councilman Mackaig raised questions regarding whether a new proprietor at
that location would be granted a dance permit.
Mr. Newton explained there would be an investigation by the Police Department
of the new applicant and circumstances surrounding the new application. The facts
relating to a prior operation would be relevant to the new application concerning
adequacy of parking and noise control, and physical features of the previous
operation would be applicable to any dance permit on the premises. He responded
to further questions of Councilman Mackaig regarding justification for denial of
a permit.
Mr. Thompson pointed out the Police Chief's denial of the dance permit was
not an arbitrary action but was based on citizen calls and complaints and inci-
dents that occurred.
Councilman Cormack said there have been incidents since the revocation which
are not becoming to the City, and he feels the Council is obligated to support the
position of the Police Chief for the welfare of the community.
It was moved by Councilman Cormack, seconded by Councilman Quinn, and passed
by the following vote to back the Police Chief's decision and deny the permit.
Councilman Quinn stated from his investigation he will have to go along with
the Chief's judgment.
Mayor Jackman indicated he, too, will accept the Chief's recommendation,
noting the Council depends on the Chief's judgment and expertise because of his
experience in these matters,
Council Minutes 2/24/81 -2-
Mr. Newton mentioned this involves a hearing, and findings are required in the
type of hearing conducted. He suggested if the motion is adopted by a majority of
the Council that it be regarded as a tentative decision and a Resolution should be
prepared setting forth findings which provide the basis for the Council's decision
and that it be brought back to the Council next meeting for final action.
AYES: 4 Council Members: Mackaig, Quinn, Cormack, Jackman
NOES: 1 Council Member: Swearingen
A Resolution to be prepared for the next meeting.
Mayor Jackman opened the hearing on
ount Boulevard and 7936-48-56-62-68
Proof of
e Change Case #168, 12405-12527
11 Drive. He inquired if the C
response was yes.
It was moved by Councilman Swearingen, seconded by Councilman Cormack, and so
ordered to receive and file the Proof.
Mr. Goggin outlined the property making the original request for zone change
and said the area was expanded to include the apartment houses developed under zone
exception along Paramount Boulevard and lots on the south side of Quill Drive west
of Paramount to and including the Church. At the Planning Commission hearing a
large contingent of people opposed the change of zone for any property. The Commis-
sion recommended the change of zone to R-3 for only those properties which face
Paramount and not Quill Drive. The Church has been eliminated from the proposed
change.
Mayor Jackman inquired if the City Clerk had received any correspondence, and
the response was no.
Mayor Jackman then asked if there was anyone present to speak in favor of the
proposed zone change.
Mr. Angel Medina, 15204 Barnwall Street, La Mirada, said he is the original
applicant, and his parcel is just south of Quill and contains three parcels. He
wants the property changed to R-3 to comply with the Master Plan.
Reverend Earl Reavis, Grace Baptist Church, requested assurance the Church
and parsonage has been eliminated from the zone change.
Mr. Goggin assured Reverend Reavis the church has been eliminated.
There being no one else to speak in favor, Mayor Jackman then inquired if
there was anyone present to speak in opposition.
Mr. Joseph Butler, 7939 Quill Drive, representing people in the area, said
they are all opposed to any change on Quill Drive nor do they want additional lots
to be zoned for apartment buildings. Their opposition is based on noise, traffic
and parking problems, increased crime rate, overcrowding of schools, property
values going down, and privacy.
Mayor Jackman asked for a show of hands from the audience opposing any change
of zone in that area. Many people raised their hands. He then requested a show
of hands of people in favor of a zone change. Nobody raised their hand.
There being no one else to speak, 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
AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF
THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 427,
ZONE CHANGE CASE #168)
The Ordinance 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 introduce the Ordinance.
Mayor Jackman declared a recess from 8:41 p.m, to 8:50 p.m. The meeting
resumed with all Council Members present.
Council Minutes 2/24/81 -3-
Osaz
Mayor Jackman opened the hearing on Zone Change Case #170, 10015 and 10051
Imperial Highway. He inquired if the City Clerk had the Proof of Publication, and
the response was yes.
It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and so
ordered to receive and file the Proof.
Mr. Goggin outlined the location of the properties and the request to change
the zone to R-3 with a PUD.
Mayor Jackman inquired if the City Clerk had received any correspondence, and
the response was no.
Mayor Jackman then asked if there was anyone present to speak in favor of the
proposed zone change.
Mr. Wendell Wiser, 10921 Paramount Boulevard, representing the property owner,
said the property has been used primarily to house livestock for the last 30 years.
They are proposing to develop the property with condominiums.
There being no one else to speak in favor and no one to speak in opposition,
it was moved by Councilman Cormack, seconded by Councilman Swearingen, and so
ordered to close the hearing.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF
THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 426,
ZONE CHANGE CASE NO. 170)
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
Mr. Shand stated a Resolution congratulating Robert A. Villa on his term as
President of the Southeast District Bar Association has been added to the Consent
Calendar.
It was moved by Councilman Swearingen, seconded by Councilman Cormack, and
passed by the following vote to approve the Consent Calendar:
Minutes: Regular Meeting, February 10, 1981; and Adjourned Regular Meeting
of February 11, 1981.
Rejection of Legal Claim: Ref. #511, Warren Hicks.
General Warrants: #189073 - 189325; #207860 - 207908: $767,171.07.
RESOLUTION NO. 3919
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
CONGRATULATING ROBERT A. VILLA ON HIS TERM AS PRESIDENT
OF THE SOUTHEAST DISTRICT BAR ASSOCIATION
AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman
ORAL COMMUNICATIONS - Items not on Agenda
Mr. Wilbur Douglas requested the City investigate the residency of Councilman
Swearingen.
Mayor Jackman said this would have to be a Council decision.
Mr. Kenton E. Krogstad, 10407 Julius Avenue, District 3, explained that the
words residence and domicile are synonymous. He does not think Councilman
Swearingen's temporary abode alters his domicile status unless he intends to stay
at the temporary address.
Council Minutes 2/24/81 -4-
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Mr. William Greene, 7998 East 8th Street, noted the Sign Ordinance has been
taken under submission and inquired regarding its status at the present time, inas-
much as he has some input to add.
Mayor Jackman said the public hearing is closed and the Council will be
conducting a work session.
Mr. Greene asked that he be invited to the work session.
Mr. Ed Wallar (address inaudible) referred to the Metro -Centre on the Community
Development Commission Agenda and requested that his letter be read. He went on
record as being duly opposed to the proposal.
Mr. Thompson explained it was pointed out during consideration of the Metro -
Centre Resolution that the letter had been received, and the appropriate time for
deletion of the Wallar property would be at the time of presentation of the plan.
The letter will be kept in the file as a permanent part of the record.
Mr. Wallar feels every property owner on Firestone should receive a letter of
the time and place for the hearing. He was informed that according to Redevelopment
Law, every property owner will be notified by certified letter.
Mr. Joel Lubin, 7820 Allengrove, referred to the issue of Councilman
Swearingen's residency and commented on an article in the current issue of
California Political Week concerning the City of Downey.
Mr. William G. Greene, 10225 Chaney Avenue, referred to the Council Minutes of
the hearing on the Sign Ordinance and requested that if the Council will be taking
additional input that he receive notice of the study session so he might attend and
provide input he has gathered as a Downey Planning Commissioner for 14 years. He
also mentioned he has submitted a letter for the Council's perusal and consideration
when making its decision on the Sign Ordinance.
Mr. Bob Brazelton, 10029 Birchdale, commenting on Councilman Swearingen's
residency said this would be a matter of intent, and if it was his intent to reside
elsewhere other than in his district, perhaps an investigation would be warranted.
Mr. David Ray feels the Council should make a decision on whether Councilman
Swearingen's residency will be investigated.
Mr. Jack Robinson, 8555 Gainford, referred to Agenda Item XII-B-3 regarding
the Sign Ordinance and asked for the reason this is on the Agenda.
Mayor Jackman explained the Sign Ordinance is on the Agenda only as a report
from the Planning Commission reaffirming its position. The Ordinance will not be
discussed this evening but a work session will be set.
ORDINANCES
ORDINANCE NO. 653
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF
THE DOWNEY MUNICIPAL CODE (ZONE CHANGE CASE #169)
(12127-43 DOWNEY AVENUE)
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. 653.
RESOLUTIONS
RESOLUTION NO. 3920
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
URGING THE STATE LEGISLATURE AND THE GOVERNOR OF
CALIFORNIA TO SUPPORT THE UNITED STATES' AND CALIFORNIA'S
DESIRE FOR INDEPENDENCE FROM OIL IMPORTS AND TO EFFECT
AN INCREASE IN THE STATE GASOLINE TAX FOR STATE -SUPPORTED
RESEARCH AND DEVELOPMENT OF ALTERNATE SOURCES OF ENERGY
AND FOR THE MAINTENANCE AND OPERATION OF STREETS AND
HIGHWAYS WITHIN THE STATE OF CALIFORNIA
The Resolution was read by title only. It was moved by Councilman Swearingen
and seconded by Councilman Cormack to waive further reading.
Council Minutes 2/24/81 -5-
05y
It was moved by Councilman Quinn and seconded by Councilman Cormack to adopt
Resolution No. 3920.
It was moved by Councilman Cormack, seconded by Councilman Quinn, and passed
by unanimous vote to amend the Resolution, paragraph #1 by inserting after "two
cents" the words "for a period of four years", and the last line of paragraph #1
should read, "large-scale development source of agriculturally produced alcohol as
a fuel."
Mr. Joel Lubin, 7820 Allengrove, supported the amendment but said the main
issue is maintaining roads and highways, and the Gasoline Tax should be increased
for that purpose.
Roll call vote to adopt Resolution No. 3920 as amended:
AYES: 4 Council Members: Swearingen, Quinn, Cormack, Jackman
NOES: 1 Council Member: Mackaig
RESOLUTION NO. 3921
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DECLARING ITS INTENTION TO VACATE THE WESTERLY 9.50 FEET
OF THAT CERTAIN 27.00 FOOT DEDICATION AND THE WESTERLY
7.00 FEET OF THAT CERTAIN 30.00 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 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. 3921.
RESOLUTION NO. 3922
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING COMPENSATION FOR JUST AND REASONABLE EX-
PENSES FOR CERTAIN BOARDS AND COMMISSIONS AND RESCINDING
RESOLUTION NO. 3850
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. 3922.
RESOLUTION NO. 3923
RESOLUTION ENDORSING THE PRIORITY PLAN FOR EXPENDITURE
FOR JURISDICTIONS WITHIN THE COUNTY OF LOS ANGELES FROM
THE CALIFORNIA PARKLANDS ACT OF 1980
The Resolution was read by title only. It was moved by Councilman Swearingen
and seconded by Councilman Quinn to waive further reading.
It was moved by Councilman Swearingen, seconded by Councilman Quinn, and
passed by the following vote to adopt Resolution No. 3923.
Discussion followed.
AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman
CASH CONTRACTS
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by unanimous vote to award unit price contract totaling $36,213.29 to Duran
Enterprises Incorporated, the lowest and best bidder, for construction of alley
improvements under Cash Contract #466, N/o Harper Avenue between Rives and Small-
wood Avenues; N/o 8th Street between Rives and Smallwood Avenues; and W/o Paramount
Boulevard between Fifth and Sixth Streets (A/C #21-13973).
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and
passed by unanimous vote to award a unit price contract totaling $43,000 to Thibodo
Construction Co., Inc., for the relocation of water and sewer facilities under
Council Minutes 2/24/81 -6-
G 7ss
Cash Contract 4,475, N/o Santa Ana Freewav at Paramount Boulevard, and authorize
transfer of $65,000 from Account #26-16217 to Account #26-16234 for use on this
project (A/C #51-18617, 40-13969, and 26-16234).
MISCELLANEOUS ACTIONS
Mr. Edwin H. Wood, 9318 True Avenue, Chairman of the Downey Recall Committee,
said there is a serious question pertaining to rights of citizens to have a recall
election, and the Committee's attorney will now brief the Council on the action he
has taken on this matter.
Mr. Frank Gasdia, 10243 Paramount Boulevard, attorney for the Recall
Committee, inquired whether the City Council would vote to file an appeal from the
Judge's decision that the format of the petition for recall was not in accord with
the Downey Charter. He said he has been retained by the Recall Committee to file
an appeal from the decision of the Judge to attempt to overrule that decision. In
addition, there will be a motion to dissolve the injunction on the basis that the
City's Charter was in the possession of the County Registrar of Voters at the time
the Registrar's office made the decision that the foremat of the petition was cor-
rect. Mr. Gasdia expressed his feeling that the Council should authorize the City
Attorney to join in the appeal for the purpose of providing to the City a proper
format for any citizen in the future to recall a Council Member if he so desires.
The only alternative would be to amend the Charter.
Mr. William G. Greene, 10225 Chaney Avenue, said he is not a member of the
Recall Committee but is concerned that the people of Downey have been stripped of
their constitutional right of recall. He commented on the court proceedings and
the Judge's decision and indicated he feels it is incumbent on the City Council to
support the City Attorney in taking whatever action is necessary to restore the
constitutional rights of the citizens of Downey and to make the appeal before the
Court of Appeals.
Mr. Wood requested the City join with the Committee by instructing the City
Attorney to proceed with the appeal. He expressed his understanding the Council
discussed this in executive session, and he asked what decision was reached.
Mr. Newton explained matters of litigation are priviledged information.
Mayor Jackman stated he does not like recalls and wishes this had never
occurred. However, he did take the oath of office twice and agreed to uphold the
Constitution. He feels it is a constitutional question as to whether citizens
have a right to recall. It should be brought to a vote of the Council to establish
whether or not the City Attorney is to participate in the appeal. Mayor Jackman
also feels the Council should stand up and be counted as to whether or not it
supports the Constitution.
Mr. Krogstad said the primary issue is the Elections Code, wherein it states,
"Everything in this chapter shall be subject to the city charter of any charter
city." He commented on the wording of the Elections Code versus wording of
Downey's Charter and discussed the Judge's decision regarding the recall petition.
Mr. Krogstad further mentioned the City Council and City Clerk were named only as
nominal parties to the suit --the real party of interest is the Recall Committee.
It was moved by Mayor Jackman to direct the City Attorney to take part in this
suit and to try to protect the rights of the people of Downey.
Mr. Gasdia stated the merits of the recall petition will be decided by the
Appellate Court, and he requested a determination of the Council to authorize the
City Attorney to file an appeal.
Mr. William L. Greene said the most important issue is getting people involved
in government, and if the Council does not do something it could be turning people
away from City government.
Councilman Cormack indicated he does not feel the Council should interfere in
this matter of litigation.
Mr. Wendell Wiser, 10921 Paramount Boulevard in District 3, said he does not
believe in paying money for the recall in District 4 and believes other people feel
the same way.
Mr. Joel Lubin, 7820 Allengrove, concurred that the Council should vote to
authorize the City Attorney to join in the appeal.
Council Minutes 2/24/81 -7-
,� ?S6
Mayor Jackman noted his motion died for lack of a second, which indicates the
position of the Council.
Mr. Wood stated since the Council sees fit not to pursue this matter, then it
must be taken to the residents and voters of the entire community.
Mr. William G. Greene, 10225 Chaney Avenue, commented on the questions that
exist regarding recall petitions and indicated he would like to hear the City
Attorney's position on this issue.
Mr. Newton advised that the matter of whether to appeal or not appeal is solely
a decision for the Council. He did comment relative to statements made concerning
the appropriate role of the Council in the law suit. Responding to a question, Mr.
Newton stated the Council does represent all of the people, and its participation
in litigation involves expenditures of funds from the City treasury, which is from
all of the people of the community. The decision to participate in litigation has
to be a decision freely made by each member of the Council.
Councilman Quinn mentioned he was informed by Mr. Sorensen that litigation and
appeals could take six months or longer, and since the City has already spent $7900
on attorney's fees and is looking at a possibility of $20,000, he does not think
the people want to spend that kind of money.
No action of the Council was taken.
Request for Hearing on Appeal, Zone Variance #134 7826 Fontana Street
Mr. Goggin said the appellants are not being inconvenienced, and staff is re-
questing a delay because it is felt it may not be in the Council's jurisdiction to
make a decision at this time. Staff will discuss it with the City Attorney and
come back next meeting.
Taken under submission to the next meeting.
Amendments to the Sign Section of the Downey Municipal Code
The memo from the Planning Commission reaffirming its position on Sign
Ordinance changes was received and filed.
Mr. Goggin mentioned there are two zone variance cases pending at the present
time, and they will be held until the Council's decision is made on signs.
A study session on the Sign Ordinance amendments was set for 4:30 p.m.,
March 9, 1981.
It was suggested that anyone wishing to provide input should do so in writing.
It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so
ordered to set a hearing on Adoption of the Downtown and Firestone Corridor
Specific Plans and their Environmental Impact Report for 7:30 p.m., April 14, 1981,
in the Council Chamber of the Downey City Hall.
ORAL COMMUNICATIONS - City Council
Councilman Swearingen inquired regarding the status of the Ordinance concerning
Dogs Running Loose in City Parks. He was informed this is a violation and anyone
observing dogs running loose should contact the Animal Control, who will impound the
dogs. It was noted the owner of a dog would be cited and there are impound fees.
Mayor Jackman suggested that if the Animal Control Authority does not do a good
job he should be notified, inasmuch as he is on the Animal Control Commission.
Councilman Mackaig commented on literature received from Mariam Bergeson of
the California Legislature concerning VICTIMS and introduction of AB-264 and 265
for keeping sex offenders off the street. He requested permission to prepare a
resolution in support of this legislation for all of the Council Members to sign.
There were no objections.
Councilman Cormack inquired regarding the Policy for Pruning Trees in the
Parkways. He mentioned he received a complaint on Wiley -Burke and when he drove
down there he noticed some of the trees were not pruned while others were pruned
each in a different way.
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Mr. Ralph explained almost all of the City's trees are trimmed on request,
and staff is behind on the requests. Occasionally it will involve an area of the
same species of tree, which in staff's opinion is hazardous and is trimmed. He
will check on this.
Mayor Jackman indicated he is also waiting for a report back on Boyne Street.
Councilman Cormack commented on complaints received regarding the riding of
dirt bikes in the Rio Hondo River bed near the Island. Also, there have been
same area.
Chief Martin explained this is a reoccurring problem that is corrected for
awhile and then occurs again. The Police Department will take care of it, but
he mentioned he is not aware of the burglaries.
Mayor Jackman stated the Downey Civic Light Opera Association has indicated
it will have to raise admission prices, including reduced prices for senior citizens.
He suggested the Council consider finding some way to provide funds or convince some
of the local organizations to subsidize senior citizen tickets for perhaps $1.00 a
ticket or approximately a total of $6,000 per year.
There were no Oral Communications from the audience.
Mayor Jackman then adjourned the meeting at 10:38 p.m. to 4:30 p.m., February
26, 1981, in the Council Chamber of the Downey City Hall.
Robert L. Shand, City C}erk-Treasurer
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