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HomeMy WebLinkAboutMinutes-01-26-82-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 26, 1982 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Presentations to City Attorney Royal M. Sorensen Presentation of 5-yr pin to Cn. Jackman Removal of items from Consent Calendar Minutes: Reg. Mtg., January 12, 1982 Approved Rejection of Legal Claims: Ref. #542 & 543 Approved SS Proj. #349/355, Citywide Safety Light Conversion: Accept improvements Approved General Warrants: #208926 - 208942 #301001 - 301300 Approved Res. #4062, Opposing Senate Bill 33 re Mandatory Annual Vehicle Inspection Prgrm. Adopted Appl. #82-01-27 of So. Calif. Gas Co. to increase conservation cost adjustmt. for 2nd. yr. costs of 3-yr solar program Send letter of protest Appointment of Mrs. Connie Sziebl to Health & Environmental Sanitation Comm. for Dist. 1 Approved SE Animal Control: Ms. Lindenfeld requests euthanasia procedure be changed to the injection method - told to contact the animal control board at 2/11 meeting Ms. Lindenfeld cites complaint re restroom problem behind service station on Lakewood & Vista Del Rosa near Manzanar Ord. #683, amending zoning Map re Zone Change Case #180 (7955 Cole St.) Ord. amending DMC re Residential Auto Parking (Garages & Carports) Emergency Ord. #684, amending DMC re Issuance of Commercial Refuse Collection Permits Ord. amending Ord. #679 re Cable Television Franchise Res. #4063, adopting Regulations for Candidates of Elective Office re Materials subm. to electorate & costs for Gen. Mun. Election on Tuesday, June 8, 1982 Res. #4064, Proposing to Annex to Ltg. Maint. Dist. & Ord. City Traffic Engr. to File Rpt. (Annex. 82/1 - Verdura Av. bet. Century & Golden) Res. #4065, Apprvg. City Traffic Engr's. Report (Annex. 82/1) Res. #4066, Decl. Intention to Annex to Ltg. Maint. Dist. (Annex. 82/1) Res. #4067, Commending Royal M. Sorensen City Atty. for outstanding public service Referred to staff Adopted Ord. to be revised; removed from Agenda Adopted Introduced Adopted Adopted Adopted Adopted; sets hrg. Feb. 9, 1982 Adopted PAGE NO. 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 3 3 3 3 3 4 Page 1 of 2 COUNCIL MINUTES, JANUARY 26, 1982 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: Appeal, Zone Variance #195, 7355-7371 Florence Av. Appeal, Zone Variance #196, 7840 Florence AD #113, Bergman In. from Paramount to Orizaba: Appropriation of $9,000 for preparation of EIR & feasibility study of funding methods Annual Transportation Imprvmt. Prgrm. (TIP) for Highways, 1982-83: Projects to be incl. Lease Agmt. for Meadow Park School ppty. Cn. Cormack req. Ord. restricting News & Magazine Racks to Private Property Cn. Cormack req. Ordinance removing Electronic Games from City General Municipal Election: City Clerk set end of February as deadline for receiving proposed Charter Amendments or measures to be placed on ballot ACTION: Hearing set for Feb. 9, 1982 Hearing set for Feb. 9, 1982 Approved Approved Approved as amended Referred to City Manager & City Attorney for report Referred to City Attorney Closed session re labor negotiations & pending litigation Contract with Martin J. Mayer & Assoc. as Labor Relations Negotiator for City Approved PAGE NO. 4 4 4 4 5 5 5 5 6 6 Page 2 of 2 � PZ 0 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 26, 1982 The City Council of the City of Downey held a regular meeting at 7:30 p.m,, January 26, 1982, in the Council Chamber of the Downey City Hall, Mayor Milton R. Mackaig presiding. PRESENT: Council Members: Milton R. Mackaig Mayor Lyell W. Swearingen Mayor Pro Tem James T. Quinn Robert G. Cormack Theodore H. Jackman ALSO PRESENT: John W. Donlevy, City Manager Royal M. Sorensen, City Attorney Dudley Lang, Assistant City Manager William A. Goggin, City Planner Harald J. Henriksen, City Engineer Charles G. Eccleston, Traffic Engineer Harry Rayson, Building Official Donald Wagner, Assistant to City Manager Monica Montiero, Housing & Human Services Coordinator Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend Edward Ullrich, Moravian Church, Downey. The Flag Salute was led by Councilman Swearingen. PRESENTATIONS On behalf of the City Council and citizens of Downey, Mayor Mackaig presented a 25-year pin to Mr. Royal M. Sorensen City Attorney, and a copy of Resolution No. 4067 commending Mr. Sorensen in recognition of his having received the NIMLO award for outstanding public service. On behalf of the City Council, Mayor Mackaig presented a five-year pin to Councilman Jackman for his service on the City Council. HEARINGS: None REMOVAL OF ITEMS FROM CONSENT CALENDAR Councilman Cormack requested that Agenda Items VIII-B-1, Correspondence from Southern California Gas Company, and VIII-E-1, Appointment to Health & Environ- mental Sanitation Committee, be removed from the Consent Calendar and acted on separately. CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to approve the Remainder of the Consent Calendar: Minutes: Regular Meeting of January 12 1982. of Legal Claims: Re Kirk Weslev McWhort Marrs and Juan Manuel Leon; and S.S. Project #349/355, Citywide Safety Light Conversion: Accept improvements completed and responsibility for maintenance thereof (A/C #26-16221 & 26-16231). General Warrants: #208926 - 208942; #301001 - 301300: $3,218,184.87. RESOLUTION NO. 4062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING SENATE BILL 33 WHICH IMPLEMENTS A MANDATORY ANNUAL VEHICLE INSPECTION PROGRAM It was moved by Councilman Cormack, seconded by Councilman Quinn, and so ordered to send a letter of protest to Application #82-01-27 of Southern California Council Minutes 1/26/82 -1- 012 Gas Company requesting authority from the Public Utilities Commission to increase conservation cost adjustment to cover additional second year costs for a previously approved three-year solar program. It was moved by Councilman Cormack, seconded by Councilman Jackman, and so ordered to approve the Appointment of Mrs. Connie Sziebl to the Health & Environ- mental Sanitation Committee for District 1. ORAL COMMUNICATIONS - Items not on Agenda Ms. Eleanor Lindenfeld, 8846 Manzanar Avenue, referred to the euthanasia pro- cedure practiced at the Southeast Area Animal Control facility and requested it be changed to the injection method. Mayor Mackaig explained this is a matter for the animal control, not the City Council, and he asked Ms. Lindenfeld to attend the next animal control board meet- ing on February llth and discuss it with the board. Ms. Lindenfeld then commented regarding a problem concerning people using an alley for restroom purposes behind the service station on Lakewood and Vista Del Rosa near Manzanar Avenue. She pointed out the service station has been converted to a self-service station and has eliminated its restrooms. Ms. Lindenfeld men- tioned she was informed self-service stations are no longer required to have restrooms. She feels this should be looked into. Mayor Mackaig requested Ms. Lindenfeld contact the Building Division, and he asked the City Manager to follow up and get the Police Department involved. ORDINANCES ORDINANCE NO. 683 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. 508, ZONE CHANGE CASE NO. 180) (7955 COLE STREET) The Ordinance was read by title only. it was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to waive further reading and to adopt Ordinance No. 683. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTION SECTION 9150.06 (a), (1) (2), WHICH RELATES TO RESIDEN- TIAL AUTOMOBILE PARKING The Ordinance was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Quinn to waive further reading and adopt the Ordinance. Councilman Cormack asked about the change for increasing the garage spaces allowed. Mr. Goggin replied staff has not had the ability to prepare the change since the last meeting, but it will be ready for the next meeting. Mr. Sorensen advised that if there is a substantive change, it will require two readings. The Ordinance was removed from the Agenda. ORDINANCE NO. 684 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMEND- ING SECTION 5205.1 THEREOF WHICH RELATES TO THE ISSUANCE OF COMMERCIAL REFUSE COLLECTION PERMITS The Ordinance was read in its entirety. It was moved by Councilman Swearingen and seconded by Councilman Quinn to adopt emergency Ordinance No. 684. Responding to questions, Mr. Donlevy explained there are currently 19 known licenses that have been issued, but staff feels it has lost control over who is doing business and who is not. He said no additional permits will be issued, and as companies either go out of business or are sold then through attrition it will Council Minutes 1/26/82 -2- eventually reduce the number to five, or to a workable number. This, he stated, would be enforced through the license process and also if complaints are received regarding those businesses operating without a license. Mayor Mackaig indicated it is his understanding there will be approximately 40-50 fee increases presented with the next Budget for consideration. Mr. Donlevy noted that if a person is denied a license, he can appeal the decision to the City Council. The Ordinance was then adopted by unanimous vote. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ORDINANCE NO. 679 RELATING TO CABLE TELEVISION FRANCHISE The Ordinance was read by title only. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to waive further reading and to introduce the Ordinance. RESOLUTIONS RESOLUTION NO. 4063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, JUNE 8, 1982 The Resolution was read by title only. It was moved by Councilman Swearingen and, seconded by Councilman Quinn to waive further reading and to adopt Resolution No. 4063. It was noted by Councilman Cormack and the other Council Members that they are opposed to any other than the English language. The Resolution was then adopted by unanimous vote. RESOLUTION NO. 4064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROPOSING TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT AD 121 AND ORDERING THE CITY TRAFFIC ENGINEER TO PREPARE AND FILE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (ANNEXATION 82/1 - VERDURA AVENUE BETWEEN CENTURY BOULEVARD AND GOLDEN STREET) The Resolution was read by title only. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to waive further reading and to adopt Resolution No. 4064. RESOLUTION NO. 4065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE CITY TRAFFIC ENGINEER'S REPORT FOR THE ADDITION TO LIGHTING MAINTENANCE DISTRICT AD 121 OF ANNEXATION 82/1 - VERDURA AVENUE BETWEEN CENTURY BOULEVARD AND GOLDEN STREET The Resolution was read by title only. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to waive further reading and to adopt Resolution No. 4065. RESOLUTION NO. 4066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT AD 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES (ANNEXATION 82/1 - VERDURA AVENUE BETWEEN CENTURY BOULEVARD AND GOLDEN STREET) Council Minutes 1/26/82 -3- 6 9a3 The Resolution was read by title only. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to waive further reading and to adopt Resolution No. 4066 (sets the hearing for February 9, 1982). RESOLUTION NO. 4067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY COMMENDING ROYAL M. (BILL) SORENSEN, CITY ATTORNEY OF DOWNEY, FOR OUTSTANDING PUBLIC SERVICE The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to waive further reading and to adopt Resolution No. 4067. Mayor Mackaig declared a recess from 7:58 p.m. to 8:06 p.m. The meeting resumed with all Council Members present. CASH CONTRACTS: None MISCELLANEOUS ACTIONS It was so ordered to set a hearing on Appeal to Zone Variance #195, 7355-7371 Florence Avenue, for 7:30 p.m., February 9, 1982, in the Council Chamber of the Downey City Hall. The hearing on Appeal to Zone Variance #196, 7840 Firestone Boulevard, was set for 7:30 p.m., February 9, 1982, in the Council Chamber of the Downey City Hall. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to appropriate $9,000 from Capital Project Unappropriated Fund Balance to Account #40-14439 for preparation of the Environmental Impact Report and for the feasibility study of funding methods for Assessment District #113, Bergman Lane from Paramount Boulevard to Orizaba Avenue. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to approve projects to be included in the Annual Trans- portation Improvement Program (T.I.P.) for Highways for 1982-83. It was moved by Councilman Swearingen and seconded by Councilman Quinn to approve the Lease Agreement for Meadow Park School Property (see amended motion). Councilman Cormack requested assurance that the proposed housing will be strictly for handicapped. Mr. Sorensen responded it is not "just for handicapped" and to limit it to handicapped could present some problems. Councilman Cormack requested it be rephrased to be strictly for handicapped. During discussion, it was noted Mir. Robert Stern of Goldrich, Kest & Stern is the contractor for the Meadow Park project. Councilman Cormack said he will vote against this unless it is strengthened. Mr. Sorensen indicated it is his understanding if there is a limitation for handicapped only HCD will not approve. Ms. Montiero pointed out that to exclude anyone other than handicapped would in effect be discrimination against the non -handicapped. She noted, however, with 180-200 units all handicapped accessible, the question is who will choose to live in a handicapped development, and the chances are it will be all handicapped people. Councilman Cormack said the contractor, and not the City, will be administer- ing rental of the units, and he would like to find a way for the project to be preserved for the handicapped. — During further discussion, Ms. Montiero explained she is certain the project cannot exclude non -handicapped persons. She stressed that the City is well aware this is a handicapped project, and her offices receive calls daily from handicapped people wanting to get on a list. Ms. Montiero stated that with the cooperation of the developer, the City will be able to accept a list for handicapped people. It was noted there is a time frame involved, and the project must be under construction by July 1st. Council Minutes 1/26/82 -4- 69ay Dr. Robert Riley, member of the Downey Board of Education, said the issue is the lease between the School District and the City, but most of the discussion has been about the sub -leasing. Responding to questions raised regarding use of an out-of-town developer for the project, Ms. Montiero explained the City is locked in with the developer be- cause he is the only one who responded to the notice issued last year from HUD. At this point, the City does not have the option of selecting a new developer utilizing funds that are currently available. The only option would be to look to the State to see if this kind of funding is possible to accomplish the same type project. Funds are limited and there are no guarantees. During discussion regard- ing administration of the program, she pointed out the City administers the Section 8 program and will be an active participant in the referral process to the developer. A list of applicants will be made so the City will have control to that extent. Upon motion of Councilman Cormack and second by Councilman Jackman, the meeting was recessed to closed session from 8:36 p.m. to 8:53 p.m. to discuss legal matters pertaining to the lease agreement. The meeting resumed with all Council Members present. Mr. Sorensen then presented for consideration the following language, which he said could be inserted into the agreement and would protect the primary concerns discussed by the Council: On Page 3, line 21, after the words "upon execution of this lease," add "Lessee shall have the right at any time prior to March 11 1982, to terminate any and all obligations hereunder by written notice to Lessor to such effect, and if Lessee so terminates, no rental in any amount shall be due hereunder." It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to amend the Agreement as stated by the City Attorney. The motion to approve the Lease Agreement, as amended, was passed by the following vote: AYES: 4 Council Members: Swearingen, Quinn, Jackman, Mackaig NOES: 1 Council Member: Cormack Mayor Mackaig requested a closed session at the end of the Council Meeting to discuss labor negotiations and pending litigation. CITY MANAGER'S REPORT: None STAFF REPORTS: None ORAL COMMUNICATIONS - City Council Councilman Cormack requested preparation of an ordinance restricting News and and Magazine Racks to private property. Mr. Sorensen advised such an ordinance would not be upheld and to adopt an ordinance and seek to enforce it will undoubtedly lead to litigation. Also, he said, inasmuch as it involves a civil rights matter, the City would be subject to funding the attorney's fees of the opposing counsel. Councilman Cormack then requested an ordinance removing electronic games from the City. Referred to the City Attorney. Continuing with discussion on a news rack ordinance, Mr. Sorensen commented on the reasonable regulations that can be controlled concerning location of the racks and what is allowed to be visible on the cover of the publications. He pointed out cases have been very explicit as to the extent of these limitations. Councilman Cormack said there are news racks at locations where children wait for buses or on their route to the bus stop, and he would like the Council to find a way to eliminate them. Mr. Sorensen mentioned the County ordinance is the most strict that has been upheld. Referred to the City Manager and City Attorney for report back to the Council. STAFF REPORT Mr. Shand advised that as the City Clerk, he is setting the end of February as the deadline for receiving any proposed Charter Amendments or measures to be placed on the ballot for the General Municipal Election. Council Minutes 1/26/82 -5- G U15 ORAL COMMUNICATIONS - Audience: None RECESS TO CLOSED SESSION Mayor Mackaig recessed the meeting to closed session from 9:02 p.m. to 9:12 p.m. to discuss labor negotiations and pending litigation. The meeting resumed with all Council Members present, It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by unanimous vote to approve a contract with Martin J. Mayer & Associates as Labor Relations Negotiator for the City of Downey. ADJOURNMENT: 9.12 p.m. KILZ Robert L. Shand, City Clerk -Treasurer Milton R. Mackaig, Mayor �r Council Minutes 1/26/82 -6-