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HomeMy WebLinkAboutMinutes-04-13-82-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 13, 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 Mrs. Delbert R. Halyard in honor of bravery of her husband, who lost his life trying to help another Appeal, Zone Variance #204, 12021 Downey Av. Denied Ord. amending DMC re Automobile Parking Spaces & Turning Radius Introduced Hearing on proposed use of City's General Revenue Sharing Funds for 1982-83 Closed; no action required Removal of Items from Consent Calendar Minutes: Reg. Mtg., March 23, 1982; & Adj. Reg. Mtg., April 7, 1982 Approved Corres. from City of Burbank endorsing Cn. Leland C. Ayers as Commissioner on L.A. County Transportation Comm. Filed Corres. from City of Avalon protesting Air Pollution Generated by L.A. & Orange County Cities & Directing Certain Legal Actions Filed Corres. from Ann Pavloff re Nitrogen Chamber at SE Area Animal Control Filed Corres. from Joan Moeller re Nitrogen Chamber at SE Area Animal Control Filed Corres. from Pam Lee re Recommendation for use of current City Hall bldg. after new City Hall is constructed Filed General Warrants: #209059 - 209107 #302373 - 303034 Approved Proposed DIP #715 & 716, Myrtle St. - Firestone to Nance - Street Imprvmts.: Initiate Chapter 27 & direct Engrg. Div. to implement its findings Approved Sale Agreement - Hotel Proj.: Auth. Mayor to execute agmt. for acquis. of City Hall ppty. by Comm. Dev. Comm. Approved SE Area Animal Control Auth.: Agmt. for Downey City Manager to act as interim Dir. Approved Res. #4090, Adopting 1982 Issue of Standard Specs for Pub. Wks. Const. in City Adopted Res. #4091, Apprvg. M.O.U.'s with Downey Police Officers' Assn.; Downey Firemen's Assn.; DCEA & Teamsters Adopted Res. #4089, Supporting return to a Part - Time State Legislature Adopted Ord. amending DMC re Speed Limits on Burns & Garfield Aves. (Ord. #262) Introduced Ord. #693, amending DMC re Material Con- tained in Publication Vending Machines Adopted PAGE NO. 1 2 2 2 3 3 3 3 3 3 3 3 3 3 3 3 3 3 4 4 Page 1 of 2 COUNCIL MINUTES, APRIL 13, 1982 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: PAGE NO. CC #490, Temporary Parking Lot - Proposed City Hall Site: Plans & specs & grant auth. to advertise for bids Approved Civic Center Telephone System Consultant services with Communications Resources Co. Approved Appeal, Zone Variance #205, 12072 Smallwood Hearing set for April 27, 1982 Proposal of First Interstate Bank to act as Bond Trustee for Civic Center Project: Auth. City Manager to accept Approved Paraphernalia Ordinance To be prepared by staff Ordinance re Video Games & regulating To be prepared by staff as hours which minors can play an emergency Local Tourism Promotional Program Staff to work w/Chamber of Comm. Cn. Cormack suggests consideration re City's membership in League of Calif. Cities To be discussed in Budget sessions Discussion re Video Game Ordinance Introduction of two Council Candidates Meeting adjourned in memory of Delbert Halyard 4 5 5 5 5 5 5 I 11 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 13, 1982 The City Council of the City of Downey held a regular meeting at 7:30 p.m., April 13, 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 Gordon Davis, Purchasing Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend John Blackwell, United Methodist Church. The Flag Salute was led by Councilman Swearingen. PRESENTATIONS On behalf of the City of Downey, Mayor Mackaig and Councilman Swearingen pre- sented a_ plaque and bouquet of roses to Mrs. Delbert R. Halvard in honor of the bravery of her husband who lost his life while trying to help another. On behalf of the employees of Brown Boveri Electric, Jan Cohen presented a bouquet of roses and a check to Mrs. Halyard. She said Mr. Halyard was admired by all for his extraordinary bravery, strength and character. HEARINGS Mayor Mackaig opened the hearing on Appeal, Zone Variance #204, 12021 Downey Avenue. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to receive and file the Proof. Mr. Goggin commented on the location of the property and the request to main- tain a paved out area in the front yard setback. The lot is a single family home with a garage to the rear and a driveway on the side similar to other homes along the street. He mentioned some years ago the property owners on the west side of Downey Avenue in this block requested the City to post no parking anytime on the west side because the renters of apartments on the east side were using the street for parking. Therefore, he said, a lack of parking has been created by the pro- perty owners themselves. Mayor Mackaig inquired if the City Clerk had received any correspondence, and the response was no. Mayor Mackaig then asked if anyone wished to speak in favor of the appeal. Mr. George Beaver, 12021 Downey Avenue, explained he feels the Planning Commis - Sion erred in this case because it used examples of similar cases which were denied on property in areas other than on Downey Avenue. He pointed out the speed limit on Downey Avenue is 35 M.P.H., and to back out onto the street causes a hazard to traffic. Mr. Beaver said he does not feel he should be denied parking in front of his home, and because his garage is in the back, he does not have any parking area. Mr. Fred Helminski, 12017 Downey Avenue, concurred with the appeal. There being no one else to speak in favor, Mayor Mackaig then asked if anyone wished to speak in opposition. Council Minutes 4/13/82 -1- 6a51 Mr. Bill Lehman, 8615 Florence Avenue, said it is time to take positive action in dealing with parking problems on the streets and in the setback areas. He stated the Council has taken action to prohibit unattached trailers from parking on the streets, as well as preventing parking in the front yards, and these actions are necessary to protect against deterioration of the residential community. Mr. Helminski said there is a three-story apartment across the street, and they do not provide parking for their tenants. Mr. Lehman mentioned there are a number of apartments across Downey Avenue, and some are quite old. The Crown Apartments has two parking spaces per unit. There being no one else to speak, it was moved by Councilman Swearingen and seconded by Councilman Quinn to close the hearing. Daring discussion, Councilman Quinn asked if it is possible to reverse the parking restriction on the west side of Downey Avenue. Mr. Gogcin replied if people on that side of the street want to have the park- ing removed they can present a petition to the City. The Traffic Committee would study the matter, and the Council would make the final decision. it was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by the following vote to deny the appeal. AYES: 3 Council Members: Quinn, Cormack, Jackman NOES: 2 Council Members: Swearingen, Mackaig Mayor Mackaig opened the hearing on Proposed Amendment to Downey Municipal Code Section 9150.18(a)(1)(2) regarding Automobile Parking Standards Setting Forth Space Size and Turning Radius. 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 Quinn, and so ordered to receive and file the Proof. Mr. Goggin commented on the recommendation for Council to approve reducing the parking space dimensions from 9' x 20' with a 26' turning radius to 9' x 19' with a 25' turning radius. The modification was approved by the Planning Commission. Mayor Mackaig inquired if the City Clerk had received any correspondence, and the response was no. There being no one present to speak to the proposed amendment, it was moved by Councilman Swearingen, seconded by Councilman Jackman, 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 AMENDING SECTION 9150.18 (a) (1) (2) WHICH RELATES TO AUTOMOBILE PARKING SPACES AND TURNING RADIUS (CHAPTER 1, ARTICLE IX) 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. Mayor Mackaig opened the hearing to provide an opportunity for citizens of Downey to present written or oral input on proposed Use of the City's General Revenue Sharing Funds for the 1982-83 Fiscal Year. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Swearingen and seconded by Councilman Quinn to receive and file the Proof. Mr. Donlevy reported the Revenue Sharing Funds to be discussed for 1982-83 are $1,157,000. No action of the Council is required except to take this under advise- ment for budget hearings to be held during the month of May. There being no one present to speak, it was moved by Councilman Swearingen, seconded by Councilman Jackman, and so ordered to close the hearing. No action required. Council Minutes 4/13/82 -2- � 9Ss REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda item VIII-F-1, Resolution supporting Return to a Part -Time State Legislature, was removed from the Consent Calendar. 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: _Minutes: Regular Meeting of March 23 1982; and Adjourned Re of April 7. 1982. Correspondence from City of Burbank endorsing Councilman Leland C. office of Commissioner on L. A. County Transportation Commission. Correspondence from City of Avalon protesting Air Pollution Generated by Los Angeles and Orange County Cities and Directing Certain Legal Actions. Correspondence from Ann Pavloff regarding Nitrogen Chamber at Southeast Area Animal Control. Correspondence from Joan Moeller regarding Nitrogen Chamber at Southeast Area Animal Control. Correspondence from Pam Lee regarding Recommendation for use of current City Hall building after new City Hall is constructed. General Warrants: #209059 - 209107; #302373 - 303034: $1,683,227.10. Proposed Downey Improvement Project No. 715 and 716 Myrtle Street - Firestone 3oulevard to Nance Street - Street Improvements: Initiate Chapter 27 proceed- Lngs in accordance with the Streets & Highways Code of the State of California (1911 Act), and direct the Engineering Division to implement its findings. Sale Agreement - Hotel Project: Authorize the Mayor to execute an agreement for acquisition of City Hall property by the Community Development Commission. Southeast Area Animal Control Authority: Agreement for Downey City Manager to act as Interim Director. RESOLUTION NO. 4090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE 1982 ISSUE OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, PUBLISHED BY THE AMERICAN PUBLIC WORKS ASSOCIATION AND THE ASSOCIATED GENERAL CONTRACTORS, FOR PUBLIC WORKS CONSTRUCTION IN THE CITY OF DOWNEY RESOLUTION NO. 4091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE MEMORANDA OF UNDERSTANDING WITH THE DOWNEY POLICE OFFICERS' ASSOCIATION, THE DOWNEY FIREMEN'S ASSOCIATION, THE DOWNEY CITY EMPLOYEES' ASSOCIATION AND THE CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDI- CAL EMPLOYEES' UNION AYES. 5 Council Members: Swearingen, Quinn, Cormack, Jackman, Mackaig RESOLUTION NO. 4089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, SUPPORTING A RETURN TO A PART-TIME STATE LEGISLATURE Councilman Cormack indicated he cannot support a bill to return to a part-time legislature when there are many bureaucracies that are strangling the nation, and much of the wasted money is from bureaus who do not answer to the electorate. He feels serious consideration should be given to demanding more from the Legislature and further demanding that they do away with some of the bureaus. During discussion, Councilman Swearingen stated the legislators are so busy making laws in other areas that they do not have time to eliminate some of the bureaucracies. Council Minutes 4/13/82 -3- Councilman Jackman feels many of the bureaucracies are on a national level, and he would like to see cutting back in the Congress. He also thinks the issue is to retain local control. The legislators could spend their time more wisely on hings of importance and accomplish them in half the time. It was moved by Councilman Cormack that the Council go on record as not support- ing the resolution, but in lieu of supporting it to instruct the Legislature to spend more time cleaning up the excess bureaucracies. The motion died for lack of a second. The Resolution 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 Resolution No. 4089. AYES: 3 Council Members: Swearingen, Quinn, Jackman NOES: 2 Council Members: Cormack, Mackaig ORAL COMMUNICATIONS - Items not on Agenda: None ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE SECTION 3186(a) RELATING TO THE SPEED LIMITS ON BURNS AND GARFIELD AVENUES (ORDINANCE NO. 262) The Ordinance was read by title only. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by the following vote to waive further reading and to introduce the Ordinance. AYES: 4 Council Members: Quinn, Cormack, Jackman, Mackaig NOES: 1 Council Member: Swearingen ORDINANCE NO. 693 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 Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to waive further read- ing and to adopt Ordinance No. 693. RESOLUTIONS: None CASH CONTRACTS It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by the following vote to approve plans and specifications and grant author- ity to advertise for bids on Cash Contract #490, Temporary Parking Lot - Proposed City Hall Site (Account #40-13919). A discussion was held regarding the estimated construction cost of $52,000 for paving the temporary parking lot, Councilman Jackman inquired when Civic Center Drive would be constructed Mr. Henriksen replied it is estimated the permanent parking areas and Civic Center Drive would be put in toward the end of the Civic Center construction, which he estimated to be during the summer of 1983. Suggestions were made for using gravel or decomposed granite. Councilman Jackman said blacktop is very expensive and difficult to obtain. Mr. Henriksen explained the award of bid would probably be on the basis of 151 stalls rather than 199, so the estimate used would be the $40,000 figure, which could be a high estimate. AYES: 4 Council Members: Swearingen, Quinn, Cormack, Jackman NOES: 1 Council Member: Mackaig Council Minutes 4/13/82 ,-4- 4.�a5s7 MISCELLANEOUS ACTIONS It was moved by Councilman Swearingen, seconded by Councilman Jackman, and passed by unanimous vote to approve contracting for Civic Center Telephone System Consultant services with Communications Resources Company. It was so ordered to set a hearing on Appeal to Zone Variance #205 12072 Smallwood Avenue, for 7.30 p.m., April 27, 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 authorize the City Manager to accept the proposal of First Interstate Bank to act as Bond Trustee for the Civic Center Project. CITY MANAGER'S REPORT Reporting on the Paraphernalia Ordinance, Mr. Donlevy noted that Middle Earth is the only record store selling paraphernalia, and they will discontinue that por- tion of the business on May 1st. This will be closely monitored. Mayor Mackaig requested preparation of an ordinance for adoption next meeting to see that someone else does not come into the City and perform the same type of operation; also, an ordinance to withstand a court challenge. Upon the suggestion that the ordinance authorize a business to take out a separate permit to sell paraphernalia, Mr. Sorensen said for a number of businesses, it is required that in addition to the license they must have a permit. There is a State law in effect which does substantially what the Lakewood Ordinance does, with one exception: The State law provides for revocation of the license in the event of a violation, whereas the Lakewood Ordinance would allow prosecution for a criminal action and a fine being imposed. It is his understanding the State Legislature is presently considering some preemptory legislation, which if approved would not become effective until the first of the year. Councilman Cormack would like an ordinance written that restricts to no sale of paraphernalia. Mr. Sorensen stated the only cases that have been upheld are those which are regulatory instead of prohibitive --they regulate the display and minors coming into the area. He was asked to monitor the Ventura Ordinance and report back at a later date. ORAL COMMUNICATIONS - City Council Mayor Mackaig referred to the Ordinance Prohibitinq Use of Video Games in Liquor Stores He then proposed when the 60-day moratorium has expired that staff come back with an ordinance approved by the City Attorney banning use of all video games in the City for minors 17 years of age or younger until after 3:00 p.m. in the afternoon on school days or after 10:00 p.m, in the evening, with the exception of Saturday, Sunday and school holidays. He also proposed that anyone cited for a misdemeanor for violating the ordinance will not be allowed to operate a machine for a period of six months, and if they are cited a second time they will not be allowed to operate a machine at all. Councilman Quinn said the Glendale ordinance bans play for minors between 8:00 a.m. and 2:30 p.m. He then moved to have staff prepare an ordinance for the next meeting. Councilman Swearingen referred to a booklet from Assemblyman Young regarding a local tourism promotional program, which suggests strategies for the local tourism market. He suggested staff check into this and come back to the Council. Mr. Donlevy said staff will work closely with the Chamber of Commerce. Councilman Cormack suggested serious consideration be given to the City's membership in the League of California Cities. Councilman Swearingen indicated that although the Independent Cities Associa- tion is progressing, he does not feel Downey should pull away from the League at this time. Mr. Donlevy mentioned the opportune time to discuss organizations the City will belong to is during the Budget discussions in May. The Council will be given a breakdown of all the organizations at that time. Council Minutes 4/13/82 -5- 01, ORAL COMMUNICATIONS - Audience Mr. Harold I. Gould, 1888 Century Park East, Los Angeles, said he is an attor- ney representing a number of owners and operators of retail businesses in the City, as well as a number of other business people who all are involved with Video Games. He mentioned his clients were favorably impressed with the comments of Mayor Mackaig last meeting about video games, who favored an ordinance that would regu- late the hours during which minors could play. Mr. Gould stated his clients are ready to file suit but are looking for a more reasonable method of settling this matter in the form of a compromise, and they favor reasonable legislation without discrimination that will provide economic benefit to certain members of the commu- nity and economic detriment to others. Mr. Sorensen stated privileges cannot be granted by an emergency ordinance. Also, as to the ordinance concerning the 60-day moratorium and the ordinance regu- lating liquor stores, both ordinances had the characteristics of dealing with a situation on an emergency basis, and he is satisfied that an ordinance giving further regulation and better control over the use of video games can be adopted as an emergency. If an ordinance is prepared for the next meeting and receives a four -fifths vote, in his opinion it would be a supportive ordinance. It was moved by Councilman Swearingen and seconded by Councilman Cormack to present the ordinance as an emergency as stated by the City Attorney. Mr. Sorensen suggested that any discussion pertaining to the previous ordinance should be conducted in closed session. Mayor Mackaig introduced two Council candidates present in the audience Randy Barb for District 4 and LaVerne Campbell for District 2. Mr. Doug Halley, 12041 Paramount Boulevard, owner of Popeye Liquor, commended the Council for its open-mindedness on the Video Game issue, and on behalf of the liquor retailers in the City he thanked the Council for its cooperation. Mayor Mackaig recessed the meeting to closed session from 8:46 p.m. to 8:54 p.m, to discuss possible litigation. The meeting resumed with all Council Members present. As instructed by the City Council, Mr. Sorensen stated the Council was appalled by the threat of court, particularly after expressing its intention to cooperate and work with the group for a reasonable solution to a problem the Council envisioned at a difficult problem. The staff, including himself, has been instruc- ted by the Council to prepare an ordinance to be presented at the next meeting, which will be submitted in the form of an emergency and can be effective immediately if adopted. This, he said, is done in an effort to cooperate and work out a satisfactory solution. Mr. Halley again addressed the Council on behalf of the retail liquor dealers in Downey and said their posture is not to levy any threats toward the Council. They are satisfied with the proposed ordinance but are concerned about the time between the proposal now and what is already in effect. Mr. Gould reiterated that his clients are interested in cooperating and would like the Council's cooperation. ADJOURNMENT: 9:02 p.m. It was moved by Councilman Cormack and seconded by Councilman Swearingen to adjourn the meeting at 9:02 p.m. in memory of Delbert Halyard. Robert L. Shand, City Clerk -Treasurer ton Otacaig, Mayo Council Minutes 4/13/82 -6-