HomeMy WebLinkAboutMinutes-05-11-82-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
MAY 11, 1982
T A B L E O F M I N U T E A C T I O N S
SUBJECT: ACTION:
Appeal, Zone Variance #205, 12072 Final decision held over for
Smallwood Av. 30 days
Ord. #696, amending DMC re Speed Limits on
Burns & Garfield Aves. (Ord. #262) Adopted
Ord. amending Zoning Map (Zone Change Case
#184) (8117-19 Orange St.) Introduced
Minutes: Reg. Mtg., April 27, 1982; & Adj.
Reg. Mtg., April 29, 1982 Approved
Rejection of Legal Claim: Ref. 4556 Approved
CC 4487, Rio Hondo Inn Banquet Room Heating
& Air Conditioning: Accept improvements Approved
SS Proj. #351, Telegraph Rd. - West City
Limit to East City Limit: Plans & specs &
auth. to advertise Approved
General Warrants: #209146 - 209179
#303292 - 303635 Approved
Res. #4097, Establishing 2-hr. Parking
7:OOam-6:OOpm Wly. Lakewood Bl. Service Rd.
S/o Alameda to Sly. Boundary of Tract 32888 Adopted
Res. #4098, Declaring Int. to Vacate portion
of S/s Imperial bet. cul-de-sac Ely. of
Brookshire to line parallel with & 15' Ely.
-- of Brookshire Av. Adopted
Mr. Nelson Strickland: Presented proposed
language for moratorium ordinance on
Video Games
Second Century Foundation: Ned Young
volunteers Foundation's assistance to City
Mr. Allen Blanchard: Complaint re City's
Video Game Ordinance
Ord. #697, amending DMC re Issuing Permit
for Display or Offer for Sale of Drug
Paraphernalia
Res. #4099, Apprvg. Apptmt. of William L.
Greene to Recreation & Community Services
Commission for Councilmanic Dist. 5
Date for Conducting General Municipal
Elections: Instruct City Clerk to include a
Resol. on next Agenda calling for subm. to
qualified electors a proposed Charter
Amendment to return City's Municipal Electn.
Date to 2nd Tuesday in April of each
even numbered year
Renew Contract w/Raymond Clay Crawford as
Fire Protection Engineer
Referred to staff
Adopted
Adopted
Approved
Approved
Appeal, Zone Variance #206, 8509 Donovan St. Reset hearing to June 8, 1982
Downey Community Hospital Budget for Fiscal Referred to staff for review &
Year 1982-83 recommendation
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COUNCIL MINUTES, MAY 11, 1982
TABLE OF MINUTE ACTIONS (CONTINUED)
ACTION:
Appeal, Zone Variance #209, 8646 Florence Hearing set for June 8, 1982
On. Cormack req. review to relocate RTD bus
stops in commercial or industrial areas Referred to staff
On. Jackman req. report back on feasibility
of using Prop. A Transportation Funds for
program w/Norwalk Bus System to schedule
busing to Downey's shopping areas Referred to staff
Mayoral Program presented by Mayor
Swearingen
Closed session re litigation & personnel
Res. #4100, Rescinding & Declaring Void
Res. #4046 re Downey Community Hospital
Foundation Lease Adopted
Meeting adjourned to 4:00 p.m., May 18,
1982, for hearing & study session on
1982-83 Municipal Budget
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MISZUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
MAY 11, 1982
The City Council of the City of Downey held a regular meeting at 7:30 p.m.,
May 11, 1982, in the Council Chamber of the Downey City Hall, Mayor Lyell W.
Swearingen presiding.
PRESENT: Council Members:
Lyell W. Swearingen Mayor
Robert G. Cormack
Theodore H. Jackman
Milton R. Mackaig
ABSENT: James T. Quinn Mayor Pro Tem. (excused)
ALSO PRESENT_ John W. Donlevy, City Manager
Carl K. Newton, Acting City Attorney
Dudley Lang, Assistant City Manager
Don Davis, Fire Chief
William A. Goggin, City Planner
Harry Rayson, Building Official
Charles G. Eccleston, Traffic Engineer
Robert Brace, Civil Engineer
Ronald E. Cano, Assistant to City Manager
Gordon Davis, Risk Manager
Robert L. Shand, City Clerk -Treasurer
Judy McDonnell, Executive Secretary
INVOCATION AND FLAG SALUTE
The Invocation was delivered by Councilman Jackman. The Flag Salute was led
Councilman Mackaig.
HEARINGS
Mayor Swearingen requested that the decision on Appeal to Zone Variance #205,
12072 Smallwood Avenue, be held over for 30 days until there is a full Council. The
remaining Council Members concurred.
Mayor Swearingen opened the hearing on proposed Amendment to Downey Municipal
Code regarding Speed Limits on Burns and Garfield Avenues. He inquired if the City
Clerk had the Proof of Publication, and the response was yes.
It was moved by Councilman Mackaig, seconded by Councilman Jackman, and so
ordered to receive and file the Proof.
Mayor Swearingen inquired if the City Clerk had received any correspondence on
this matter, and the response was no.
There being no one present to speak in protest, it was moved by Councilman
Jackman, seconded by Councilman Mackaig, and so ordered to close the hearing.
ORDINANCE NO. 696
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE DOWNEY MUNICIPAL CODE SECTION 3186(a) RE-
LATING 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 adopt Ordinance No. 696.
AYES: 3 Council Members. Cormack, Jackman, Swearingen
NOES: 1 Council Member: Mackaig
ABSENT: 1 Council Member: Quinn
Mayor Swearingen opened the hearing on Zone Change Case No. 184, 8117-19
Orange Street. He inquired if the City Clerk had the Proof of Publication, and the
response was yes.
It was moved by Councilman Jackman and seconded by Councilman Mackaig to
receive and file the Proof.
Council Minutes 5/11/82 -1-
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Mr. Goggin reported on the request for change of zone from R-2 (Two-family
residential) to R-2 PUD to allow condomini3ms. He commented on the zoning of the
surrounding properties and said there was no opposition to the zone change.
Mayor Swearingen inquired if anyone wished to speak in favor.
Mr. Don Robinson, 7809 Second Street, cited his request for the zone change
and said the PUD would allow for private ownership of the units.
There being no one else to speak in favor and no one to speak in opposition,
it was moved by Councilman Jackman and seconded by Councilman Mackaig to close the
hearing.
Councilman Cormack indicated he is not opposed to condos but feels the City
has more apartments than can be used.
Mr. Goggin explained there is no way the City can force the developer to build
condos, but the advantage of having the PUD is so the units can be sold individually.
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. 545,
ZONE CHANGE CASE NO. 184)
The Ordinance was read by title only. It was moved by Councilman Mackaig,
seconded by Councilman Jackman, and passed by the following vote to waive further
reading and to introduce the Ordinance.
AYES: 4 Council Members: Cormack, Jackman, Mackaig, Swearingen
ABSENT: 1 Council Member: Quinn
CONSENT CALENDAR
It was moved by Councilman Mackaig, seconded by Councilman Cormack, and passed
by the following vote to approve the Consent Calendar:
Minutes: Regular Meeting, April 27, 1982; and Adjourned Regular Meeting,
April 29, 1982.
Rejection of Legal Claim: Ref. #556, Wally Karpynec.
Cash Contract #487, Rio Hondo Inn Banquet Room Heating and A°.r Conditioning:
Accept the improvements constructed and maintenance responsibility (Account
#52-17520).
S.S. Project #351, Telegraph Road - West City Limit to East City Limit: Plans
and specifications and grant authority to advertise (Account #26-16227).
General Warrants: #209146 - 209179; #303292 - 303635. $1,407,250.71.
RESOLUTION NO. 4097
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING A TWO-HOUR PARKING RESTRICTION FROM 7:00 A.M.
TO 6:00 P.M. ALONG THE WESTERLY LAKEWOOD BOULEVARD SERVICE
ROAD SOUTH OF ALAMEDA STREET TO THE SOUTHERLY BOUNDARY OF
TRACT 32888
RESOLUTION NO. 4098
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DECLARING ITS INTENTION TO VACATE A PORTION OF THE SOUTH
SIDE OF IMPERIAL HIGHWAY BETWEEN CUL-DE-SAC EASTERLY OF
BROOKSHIRE AVENUE TO A LINE THAT IS PARALLEL WITH AND 15
FEET EASTERLY OF BROOKSHIRE AVENUE
AYES: 4 Council Members: Cormack, Jackman, Mackaig, Swearingen
ABSENT: 1 Council Member: Quinn
ORAL COMMUNICATIONS - Items not on Agenda
Mr. Nelson Strickland, partner in Games Galore, 7840 Firestone Boulevard, said
the City's Ordinance on Video Games has created confusion, and he distributed to
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the Council language of a moratorium ordinance for consideration. He commented on
the concerns expressed regarding the proliferation of video games in the City and
said he concurs with restrictions in other cities, whereby video games cannot be in-
stalled within one-half mile of an existing school. He has talked to several other
arcades and "street locations" in the City, and they agree it is better to work
with the City to establish a satisfactory plan.
Mr. Ned Young, 10821 Lakewood Boulevard, President of the Second Century Founda-
tion, volunteered the services of the Foundation to assist the City in any way.
Mayor Swearingen said there are many ways in which the Foundation can help the
City, and they will be contacted.
Mr. Allen Blanchard, 10603 Potter Street, Norwalk, mentioned he was at a Video
Game Arcade in Downey last Saturday evening with his two daughters, and at 10:00
p.m. he was asked to leave because the City's ordinance prohibits children from
playing video games after 10:00 o'clock. He suggested the City's ordinance be
amended as he does not feel he should be told what he can do with his children,
especially on the weekends.
Referred to staff for recommendation. So ordered.
ORDINANCES
ORDINANCE NO. 697
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE MUNICIPAL CODE BY ADDING SECTION 4135.1
WHICH RELATES TO THE ISSUING OF A PERMIT FOR THE DISPLAY
OR OFFER FOR SALE OF DRUG PARAPHERNALIA
The Ordinance was read by title only. It was moved by Councilman Jackman,
seconded by Mayor Swearingen, and passed by the following vote to waive further
reading and to adopt Ordinance No. 697.
Councilman Cormack said he can only accept this as an interim Ordinance. He
is opposed to anything that has to do with the sale of paraphernalia.
Mr. Donlevy indicated that per Council direction, an additional Ordinance will
be prepared to satisfy Councilman Cormack.
AYES: 4 Council Members: Cormack, Jackman, Mackaig, Swearingen
ABSENT: 1 Council Member: Quinn
RESOLUTIONS
RESOLUTION NO. 4099
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF WILLIAM L. GREENE TO THE
RECREATION AND COMMUNITY SERVICES COMMISSION OF
COUNCILMANIC DISTRICT FIVE
The Resolution 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 adopt Resolution No. 4099.
AYES: 4 Council Members: Cormack, Jackman, Mackaig, Swearingen
ABSENT: 1 Council Member: Quinn
CASH CONTRACTS: None
MISCELLANEOUS ACTIONS
Date for Conducting General Municipal Elections
Mr. Shand explained in the event the June date remains in effect, it will be
necessary to amend Section 500 of the Charter.
It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed
by the following vote to instruct the City Clerk to include a resolution on the next
Agenda calling for the submission to the qualified electors of a proposed Charter
Amendment to return the City General Municipal Election date to the second Tuesday
in April of each even numbered year.
AYES: 3 Council Members:
ABSENT: 1 Council Member:
ABSTAIN: 1 Council Member:
Cormack, Jackman, Swearingen
Quinn
Mackaig
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It was moved by Councilman Jackman, seconded by Councilman Cormack, and
passed by the following vote to renew _Contract with Raymond Clay_ Crawford as Fire
Protection Engineer.
AYES: 4 Council Members: Cormack, Jackman, Mackaig, Swearingen
ABSENT: 1 Council Member: Quinn
It was moved by Councilman Mackaig, seconded by Councilman Jackman, and so
ordered to reset the hearing on Appeal, Zone Variance #206, 8509 Donovan Street,
from May 25, 1982, to 7:30 p.m., June 8, 1982, in the Council Chamber of the
Downey City Hall.
It was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed
by the following vote to refer the Downey Community Hospital Budget for Fiscal Year
1982-83 to staff for review and recommendation.
AYES: 4 Council Members: Cormack, Jackman, Mackaig, Swearingen
ABSENT: 1 Council Member! Quinn
It was moved by Couacilman Mackaig, seconded by Councilman Jackman, and so
ordered to set a hearing on _Appeal, Zone Variance #209, 8646 Florence Avenue, for
7:30 p.m., June 8, 1982, in the Council Chamber of the Downey City Hall.
CITY MANAGER'S REPORT
Mr. Donlevy requested a closed session regarding litigation and personnel
matters at the end of the Council Meeting.
STAFF REPORTS: None
ORAL COMMUNICATIONS - City Council
Councilman Cormack cited the need to relocate an RTD bus stop on the northeast
corner of Paramount Boulevard at Lubec Street. He pointed out there is a traffic
hazard created at that location, and the assembly point for passengers is on the
front lawn of a home, with the residents being awakened early in the morning.
Councilman Cormack feels that everywhere possible, a bus stop should be in commercial
or industrial areas. Referred to staff for report.
Councilman Jackman suggested staff review and report back on the feasibility of
using Proposition A Transportation Funds to work on a program with the Norwalk Bus
System to schedule busing to Downey's shopping areas.
Mayor Swearingen resented a Mayoral Program he would like the Council to
concentrate on during his tenure as Mayor, which includes police/youth communica-
tions; collection of fine revenues; redevelopment and small business; toughening
the anti -graffiti ordinances; prosecution of property maintenance violators;
clarifying zoning and building construction ordinances; and use of Cable TV funds.
ORAL COMMUNICATIONS - Audience: None
CLOSED SESSION
Mayor Swearingen recessed the meeting to closed session from 8:10 p.m, to
9:15 p.m. to discuss litigation and personnel matters. The meeting resumed with
Council Members Cormack, Jackman, Mackaig, Swearingen present; Council Member
Quinn absent.
RESOLUTION
Mr. Donlevy mentioned several months ago the Council directed staff and the
City Attorney to review in detail actions taken regarding the Downey Community
Hospital, and several questions have been raised regarding the actions taken. Based
on that, he said, a Resolution has been prepared for Council consideration.
RESOLUTION NO. 4100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, RESCINDING AND DECLARING VOID RESOLUTION
NO. 4046 RELATING TO THE DOWNEY COMMUNITY HOSPITAL
FOUNDATION LEASE
The Resolution was read in its entirety. It was moved by Councilman Jackman,
seconded by Councilman Cormack, and passed by the following vote to adopt Resolution
No. 4100.
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AYES: 4 Council Members: Cormack, Jackman, Mackaig, Swearingen
ABSENT: 1 Council Member: Quinn
ADJOURNMENT
It was moved by Councilman Mackaig and seconded by Councilman Jackman to
adjourn the meeting at 9:18 p.m. to 4:00 p.m., May 18, 1982, in the Council Chamber
of the Downey City Hall, for hearing and study session on the 1982-83 Municipal
Budget.
'., Robert L. Shand, -City Clerk -Treasurer -
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