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HomeMy WebLinkAboutMinutes-03-23-82-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 23, 1982 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Presentation to Roy Q. Strain Ord. #692 re Parking of Vehicles (Trailers & Semi -Trailers) Adopted Removal of Items from Consent Calendar Minutes: Reg. Mtg., March 9, 1982 Approved COrres. from Senator Campbell re Senate Bill 33, Automobile Inspections Filed General Warrants: #209020 - 209058 #302093 - 302372 Approved Res. #4084, Supporting Claim of Anaheim for State -Mandated Costs Assoc. w/Chapter 1244, Statutes of 1980 Adopted Res. #4085, Requesting State Legislators to Disapprove Absorption of Local Assistance Funds in Calif. Air Resources Bd.'s Budget Adopted Res. Supporting Return of a Part -Time Staff to obtain more details & Legislature report back Ms. Pavloff inquired re Animal Control Nitrogen Chamber & Hearing Ord. #690 amending DMC re Video Games Ord. #691, Declaring Moratorium on Video Games Ord. re Material Contained in Publication Vending Machines Res. #4086, Denying Zone Variance #201 (8129 Gardendale St.) Civic Center Telephone System Consultant - Proposal of Communications Resources Co. Hearing on Appeal, Zone Variance #204, Adopted Adopted Introduced PAGE NO. 1 1 1 2 2 5 2 2 2 2 3 3 Adopted 3 Withdrawn from Agenda; staff to obtain more bids & contact Gen. Tel. 4 12021 Downey Av. Set for April 13, 1982 4 Hearing on Amendment to DMC re Automobile Parking Standards re Space Size & Turning Radius Set for April 13, 1982 4 L.A. County Transportation Comm.: Recommend apptmt. of Christine E. Reed Approved 4 So. Coast Air Quality Management Dist. req. Staff to prepare Resolution City's Support to preserve Home Rule for next meeting 4 17th Annual County -wide Older Americans Recognition Day on May 15th: Cn. Swearingen as liaison to Comm. on Aging to select person to be recognized Approved 4 Cn. Quinn requested report back re parking restrictions on Downey Av. 4 Cn. Cormack requested review of Narcotics City Manager to report back Paraphernalia Ordinance next meeting 5 Page 1 of 2 COUNCIL MINUTES, MARCH 23, 1982 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: I-105 Freeway Groundbreaking Ceremony: Lynwood requests $200 Lennie Whittington request Council to consider giving recognition to wife of good samaritan who lost his life aiding citizen at Anatel Liquor Closed session re personnel matter Meeting adjourned to 4:00 p.m., April 7, 1982, re Civic Center Construction Bids ACTION• PAGE NO. Staff to contact Lynwood for clarification 5 Referred to City Manager 5 5 5 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 23, 1983 The City Council of the City of Downey held a regular meeting at 7:30 p.m., March 23, 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 Harald J. Henriksen, City Engineer Donald Wagner, Assistant to City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend John Jensen, Seventh Day Adventist Church. The Flag Salute was led by Councilman Swearingen. PRESENTATIONS Mayor Mackaig and Councilman Swearingen presented a plaque to Mr. Roy Q. Strain in recognition of his dedicated service to the City and as a member of the Downey Community Hospital Authority from May 23, 1967, to February 4, 1982. HEARINGS Mayor Mackaig opened the hearing on proposed _Amendment to Downey Municipal Code concerning On -Street Parking of Trailers and Semi -Trailers. He inquired if the City Clerk had received any correspondence on this matter, and the response was no. Mayor Mackaig then asked if anyone wished to speak to the proposed amendment. Mr. Bill Lehman, 8615 Florence Avenue, spoke in favor of preserving the City and feels it is time for positive action in dealing with parking restrictions on streets and property. He distributed for the Council's review a packet of photo- graphs of vehicles parked in various neighborhoods throughout the City and said the proposed ordinance is a step in correcting some of the parking problems. Mr. Lennie Whittington, 8542 Manatee Street, concurred with Mr. Lehman saying he feels there is a safety problem involved, as well as being unsightly. There being no one else to speak, it was moved by Councilman Swearingen and seconded by Councilman Quinn to close the hearing. A discussion was held regarding changing the time limit for removing vehicles. ORDINANCE NO. 692 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3153 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO PARKING OF VEHICLES The Ordinance was read by title only. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to waive further read- ing and to adopt Ordinance No. 692. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-F-3, Resolution supporting a Return to a Part-time State Legislature, was removed from the Agenda. CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to approve the Remainder of the Consent Calendar: Council Minutes 3/23/82 -1- 6 �117 Minutes: Regular Meeting, March 9, 1982. Correspondence from Senator William Campbell regarding Senate Bill 33 Automobile Inspections. General Warrants: #209020 - 209058; #302093 - 302372: $1,838,586.91. RESOLUTION NO. 4084 A RESOLUTION OF THE DOWNEY CITY COUNCIL SUPPORTING THE CLAIM OF THE CITY OF ANAHEIM FOR STATE -MANDATED COSTS ASSOCIATED WITH CHAPTER 1244, STATUTES OF 1980 RESOLUTION NO. 4085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING STATE LEGISLATORS TO DISAPPROVE THE ABSORPTION OF LOCAL ASSISTANCE FUNDS IN THE CALIFORNIA AIR RESOURCES BOARD'S BUDGET AYES: 5 Council Members: Swearingen, Quinn, Cormack, Jackman, Mackaig Resolution Supporting Return of a Part -Time Legislature Councilman Cormack requested more information regarding what a part-time legislature would entail and how it would affect the City's representation. Mr. Donlevy will contact Senator Richardson's office for more details and bring it back to the Council. ORAL COMMUNICATIONS - Items not on Agenda Ann Pavloff, 10024 Pangborn Avenue, inquired regarding the hearing on use of the Nitrogen Chamber at the Southeast Animal Control Facility, and said she was told it would not be open to the public. Mr. Donlevy informed Ms. Pavloff the next SEAACA meeting will be at 2:00 p.m., April 8th, it is open to the public, and a report will be presented at that time. ORDINANCES ORDINANCE NO. 690 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 4111 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO VIDEO GAMES The Ordinance was read by title only. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by the following vote to waive further reading and to adopt Ordinance No. 690. Mr. Harold Gould, Attorney, 1888 Century Park East, Los Angeles, requested permission to address the Council regarding this matter. Mayor Mackaig advised this is not a public hearing, and he asked for a show of hands of the people present regarding this ordinance. Councilman Cormack suggested a spokesman of the people be selected to speak. There being no objections from the audience, Mr. Gould then proceeded to address the Council regarding the ordinance. He said if adopted, it will not make any particular activity illegal --it will make an activity illegal if carried on in certain locations. Also, it will not prohibit minors from playing video games or spending their lunch money on the games. Mr. Gould raised the question of whether there is a distinction between prohibiting minors from playing video games in liquor stores as opposed to supermarkets, drug stores, game arcades and gas stations. He stated liquor stores are dissimilar from other businesses because they are basically a "mom -pop" type of operation, and the owners are on the pre- mises to supervise what is going on. Also, the owners of liquor stores undergo scrutiny by the State Alcoholic Beverage Control, and if they have any blemish on their record, they cannot operate a liquor store business. If they break the law, they can be severely punished and closed down for a month. Mr. Gould pointed out in many businesses, the video games provide up to 50 percent income, and to prohibit the liquor stores from using the video game income may cause some busi- nesses to close their doors. He stated further that he represents people who place video games and other games in locations on contract and this, he said, is a Council Minutes 3/23/82 -2- property right which would be taken away if/the ordinance is adopted. Mr. Gould also cited possible discrimination against ethnic minorities who own and operate liquor stores. He indicated he is in favor of the moratorium but suggested the matter be studied carefully and investigated. Dr. Brooks requested permission to speak but was told that if he was allowed to speak then others would have to be permitted as well. He then left some bro- chures for the Council's perusal regarding his research on video games. Councilman Cormack mentioned one of the reasons the ordinance was prepared is because it was felt liquor stores are considered one of the places most dangerous due to the possibility of armed robbery. Mayor Mackaig indicated he does not like the way the ordinance is written but hopes that during the 60-day moratorium staff will put in some guidelines restrict- ing the hours school -age children can play the video games. He suggested possibly future amendments can be made to address the problems involved. AYES: 5 Council Members: Swearingen, Quinn, Cormack, Jackman, Mackaig ORDINANCE NO. 691 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING A MORATORIUM ON VIDEO GAMES The Ordinance was read by title only. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by the following vote to waive further reading and to adopt Ordinance No. 691. Mr. Gould indicated he is not opposed to a moratorium because he does favor a study being made on this matter. He mentioned he has a vast number of petitions containing over 1250 signatures of Downey residents pertaining to the video game ordinances. He was asked to make copies of the petitions for the City Clerk, and he responded he would do so. Dr. Brooks offered his services on this matter as the moratorium takes place. An unannounced speaker in the audience questioned why a public hearing was not held on this matter. AYES: 5 Council Members: Swearingen, Quinn, Cormack, Jackman, Mackaig Mayor Mackaig declared a recess from 8:13 p.m, to 8:17 p.m. The meeting re- sumed with all Council Members present. ORDINANCE NO. AN ORDINANCE OF ,THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE, SECTION 6599.6(d), RELATING TO MATERIAL CONTAINED IN PUBLICATION VENDING MACHINES The Ordinance 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 introduce the Ordinance. RESOLDTTCNS RESOLUTION NO. 4086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING ZONE VARIANCE No. 201 (8129 GARDENDALE 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. 4086. CASH CONTRACTS: None MISCELLANEOUS ACTIONS Civic Center Telephone System Consultant - Proposal of Communications Resources Company Mayor Mackaig raised questions regarding the amount for the consulting service. Council Minutes 3/23/82 -3- �q97 Mr. Donlevy replied the total contract amount is $8450, and attempts will be made to stay within that amount. If it is exceeded, then staff will come back to the Council. It was so ordered to withdraw this matter from the Agenda and refer to staff to negotiate a "top line" and "bottom line" figure. Mr. Ken Hayes representing General Telephone Company said General Telephone in the past has provided the communication type service to the City at no charge, and they will continue to do so. He commented on a recommendation in 1981 not to upgrade the City's service and the subsequent position by the City, after much deliberation, that it was not in the best interest to move ahead at that particular time. Mr. Hayes said the Telephone Company has the expertise to implement a total program without any additional cost to the City. Councilman Jackman mentioned there are pros and cons on purchasing telephone equipment from a privately -owned company or the telephone company, and the matter should be studied carefully. During discussion, Mr. Donlevy commented on the need for an unbiased opinion on the best way to provide a communication system for the City. Mayor Mackaig strongly suggested more bids be obtained. Mr. Donlevy said the telephone company will be contacted, and their comments as well as proposals from other firms will be included in the report to Council. A hearing on Appeal to Zone Variance #204, 12021 Downey Avenue, was set for 7.30 p.m., April 13, 1982, in the Council Chamber of the Downey City Hall. A hearing on Amendment to Downey Municipal Code Section 9150.18(a)(1)(2) re- garding Automobile Parking Standards setting forth Space Size and Turning Radius was set for 7:30 p.m., April 13, 1982, in the Council Chamber of the Downey City Hall. CITY MANAGER'S REPORT: None STAFF REPORTS: None ORAL COMMUNICATIONS - City Council Councilman Swearingen commented on a letter from Christine E. Reed of Santa Monica requesting Downey's support of her candidacy to the Los Angeles County Transportation Commission. He said there have been other reports by candidates from Norwalk and Rancho Palos Verdes. It was then moved by Councilman Swearingen and seconded by Councilman Quinn to recommend Christine E. Reed to the Commission. Councilman Jackman prefers staying with Peg Nelson of Norwalk and will abstain from voting for Ms. Reed even though she is well qualified. It was noted the appointment will take place the latter part of May, and Downey's Mayor at that time will cast the City's vote. Council Members Quinn, Cormack and Mackaig concurred with the motion. It was so ordered. Councilman Swearingen commented on a letter ement District requesting the City's suppor home rule. Staff was directed to bring back a resolution next meeting. Councilman Swearingen reported on a letter from Robert G. Medina regarding the 17th Annual County -wide Older Americans Recognition Day at the County Board of Supervisors Office on May 15th. He asked if the Council has any recommendation of a person to be recognized on that date. It was moved by Councilman Cormack, seconded by Mayor Mackaig, and so ordered that Mayor Pro Tem Swearingen, who is liaison between the City and the Committee on Aging, select a person to be recognized. Councilman Quinn referred to Agenda Item VII-B-2 concerning the Zone Variance at 12021 Downey Avenue and said there is no parking on the west side of Downey Avenue but there is parking on the east side. He requested a report back. Council Minutes 3/23/82 -4- Councilman Cormack suggested the Narcotics Paraphernalia Ordinance be amended so that if paraphernalia is sold, it is in a separate room from the main sales room. He also referred to wording in the ordinance prohibiting the sale of para- phernalia to a minor on the premises, which he said indicates that if they went outside then they could sell it. The City Manager will report back next meeting. Councilman Jackman said there is a letter from the City of Lynwood requesting $200 instead of $100 for the Groundbreaking Ceremony of the I-105 Freeway. He suggested staff contact the Mayor of Lynwood regarding this matter. The date for the groundbreaking is May lst. ORAL COMMUNICATIONS - Audience Mr. Lennie Whittington, 8542 Manatee Street, mentioned Judge Stevens of Norwalk has declared a mistrial in the case of the death of the good samaritan who was killed at the Anatel Liquor Store. He requested Council consider giving recogni- tion to the wife of the man who laid down his life in aiding a citizen. Referred to the City Manager. CLOSED SESSION Mayor Mackaig recessed the meeting to a closed session from 8:38 p.m. to 8:47 p.m. to discuss a personnel matter. The meeting resumed with all Council Members present. ADJOURNMENT - 8:47 p.m. The meeting was adjourned to 4:00 p.m., April 7, 1982, in the Council Chamber of the Downey City Hall, regarding Civic Center Construction Bids. Ro ert L. Shand, City Clerk -Treasurer Mi ton R. Mackaig, Mayo Council Minutes 3/23/82 -5-