HomeMy WebLinkAboutMinutes-06-22-82-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
JUNE 22, 1982
T A B L E O F M I N U T E A C T I O N S
SUBJECT: ACTION:
Ltg. Maint. Dist. AD 121, 1982-83
Assessment Levy
Appeal, Zone Variance #207, 8300 Telegraph
Proposed amendment to DMC re Business
Identifying Signs
Removal of Items from Consent Calendar
Minutes, Adj. Reg. Mtg., June 7, 1982
(7:30 p.m.)
Corres. from Bobo's Arcade recommending
changes to Ord. #694 & Res. #4095 re
Video Games - Arcades
PAGE NO.
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Hearing
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1982 1
Hearing
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Approved as corrected
Filed
Corres. from Pacific Telephone re Notice
of hearing for Increase in Rates to offset
Depreciation Expenses Filed
Rejection of Legal Claims: Ref. #560 & 562 Approved
General Warrants: #209222 - 209243
#304163 - 304434 Approved
Withdrawal of Appeal, Zone Variance #186,
2
2
2
2
2
2
11744 Adenmoor Av. Approved 2
Res. #4112, Decl. Int. to Vacate Portion
of Nwly. corner of Intersection of Woodruff
& Foster Rd. Adopted; sets hearing July 27, 1982 2
Res. #4113, Apprvg. Final Subdiv. Map of
Parcel Map #13626 Apprvg. Agmt. with the
Subdivider & Acceptance of Assmt. of
Cert. of Deposit in lieu of Surety Bonds
(13108 Blodgett Av.) Adopted
Minutes. Adj. Reg. Mtg., June 7, 1982
(4:00 p.m.) Approved
Appeal, Zone Variance #205, 12072 Smallwood Referred to City Attorney for
Av.: Request for final decision written legal opinion
Mr. Ken Miller discusses Water Budget &
City Council Budget
Ord. #700, amending DMC Sec. 4251 re Dogs,
Exceptions to Leash Laws Adopted
Res. #4114, establishing Three Water
— Service Zones f/Separate Water Rates &
Rescinding Res. #3982
Adopted.
Res. #4115, Adopting Fiscal Year 1982-83
Budget w/Implementing Documents
Adopted
Res. #4116, Apprvg. & Adopting Annual
Appropriations Limit for Fiscal Year
Adopted
SS Proj. #351, Telegraph Rd. - West City
Limit to East City Limit: Award to
Sully -Miller Contracting Co. for Alternate
Bid #2 & Additive Bid Item 41
Approved
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Page 1 of 2
COUNCIL MINUTES, JUNE 22, 1982
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT: ACTION: PAGE NO.
CC #457, Golden Park Community Bldg.:
Plans & specs & auth. to adv. £/bids Approved 4
Apollo Neighborhood Service Center
Modification: Plans & specs. & auth.
City Manager to adv. f/bids Approved 5
Appeal, zone Variance #216, 9250 Lakewood Hearing set for July 27, 1982
Automated Process of Parking Citations:
Agmt. w/Spence Enterprises, Inc. - —
Communications Div. (SEICOM) Approved 5
WE TIP Program: Contribute $2,472 Approved 5
Small Claim action against City involving
golf ball damage to windshield: Auth.
proceeding with appeal Approved 5
Decision in case of John Hinckley, who
shot President Reagan: Go on record &
write to legislators to keep criminals
off the streets Approved 5
Mayor Swearingen comments on receipt of
County Resol. req. support of flexible
application of County minimum formula in
SB 215 as short-term measure & legislative
revision to that forumula to exclude
Federal Inter -state funding Referred to staff 6
Meeting adjourned to 7:30 p.m., July 6,
1982, for Reorganization of City Council
Page 2 of 2
(0?6
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
JUNE 22, 1982
The City Council of the City of Downey held a regular meeting at 7:30 p.m.,
June 22, 1982, in the Council Chamber of the Downey City Hall, Mayor Lyell W.
Swearingen presiding.
PRESENT: Council Members:
Lyell W. Swearingen Mayor
James T. Quinn Mayor Pro Tem
Theodore H. Jackman
Milton R. Mackaig
ABSENT: Robert G. Cormack (excused)
ALSO PRESENT: John W. Donlevy, City Manager
Carl K. Newton, Acting City Attorney
Dudley Lang, Assistant City Manager
Ronald W. Leege, Director of Finance
Don Davis, Fire Chief
William A. Goggin, City Planner
Harald J. Henriksen, City Engineer
Harry Payson, Building Official
Charles G. Eccleston, Traffic Engineer
G. Pete Stone, Police Captain
James R. Jarrett, Recreation Supervisor
Ronald E. Cano, Assistant to City Manager
Monica Reifman, Housing & Human Services Coordinator
Robert L. Shand, City Clerk -Treasurer
Judy McDonnell, Executive Secretary
INVOCATION AND FLAG SALUTE
The Invocation was delivered by Reverend Dennie Clemetson, First Baptist
Church. The Flag Salute was led by Councilman Quinn.
HEARINGS
Mayor Swearingen opened the hearing on Lighting Maintenance District AD 121,
1982-83 Assessment Levy, pursuant to the provisions of the Landscaping and Lighting
Act of 1972. He inquired if the City Clerk had the Affidavit of Posting and Mail-
ing of Notices and Proof of Publication, and the response was yes.
It was moved by Councilman Jackman, seconded by Councilman Mackaig, and so
ordered to receive and file the Affidavit and Proof.
Councilman Mackaig requested the hearing be postponed to the next meeting,
inasmuch as Councilman Cormack is absent and two new Council Members will be seated.
Mr. Ken Miller indicated he has information that might be helpful for the
Council and staff, and by the next meeting possibly the City Manager could have a
further study on this matter.
Mr. Newton explained any Council Member not present for the hearing but
participating in the decision would have to listen to the tape of the hearing in
order to be qualified to vote.
Mr. Miller said he will make his presentation under Oral Communications.
It was so ordered to continue the hearing on Lighting Maintenance District
ad 121, 1982-83 Assessment Levy, to 7:30 p.m., July 13, 1982, in the Council
Chamber of the Downey City Hall.
Mayor Swearingen opened the hearing on Appeal to Zone Variance No. 207,
8300 Telegraph Road. 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 Mackaig, and so
ordered to receive and file the Proof.
Councilman Mackaig also requested this hearing be postponed to July 13th for
the reason Councilman Cormack is absent and two new Council Members will be seated.
Council Minutes 6/22/82 -1-
09 7
The hearing was then continued to 7:30 p.m., July 13, 1982, in the Council
Chamber of the Downey City Hall.
Mayor Swearingen opened the hearing on proposed Amendment to the Downey
Municipal Code regarding Business Identifying Signs. 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 Quinn, and so
ordered to receive and file the Proof.
Councilman Mackaig requested the hearing be postponed to July 13th because
Councilman Cormack is absent and two new Council Members will be seated.
It was so ordered to continue the hearing to 7:30 p.m., July 13, 1982, in the
Council Chamber of the Downey City Hall.
REMOVAL OF ITEMS FROM CONSENT CALENDAR
Mr. Ken Miller requested Agenda Item VIII-A, Minutes of Adjourned Regular
Meeting of June 7, 1982 (4:00 p.m.), be removed from the Consent Calendar.
CONSENT CALENDAR
Mr. Shand noted a correction in the Minutes of the Adjourned Regular Meeting
of June 7, 1982 (7:30 p.m.), wherein the approval of Election Supplier for the 1982
Special Municipal Election should be inserted on Page 2 as the 7th item under the
Consent Calendar.
It was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed
by the following vote to approve the Remainder of the Consent Calendar:
Minutes: Adjourned Regular Meeting of June.,7, 1982 (7.30 p.m.), as corrected.
Correspondence from Bobo's Arcade regarding R
No. 694 and Resolution No. 4095 pertaining to
to
Correspondence from Pacific Telephone Co. regarding Notice of hearing for
Increase in Rates to offset Depreciation Expenses.
of Legal Claims: Ref. #561
Farm
Ref. #562
General Warrants: #209222 - 209243; #304163 - 304434: $995,565.84.
Withdrawal of Appeal, Zone Variance #186 11744 Adenmoor Avenue.
RESOLUTION NO. 4112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DECLARING ITS INTENTION TO VACATE A PORTION OF THE
NORTHWESTERLY CORNER OF THE INTERSECTION OF WOODRUFF
AVENUE AND FOSTER ROAD (sets the hearing for July 27, 1982)
RESOLUTION NO. 4113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP
NUMBER 13626 APPROVING AN AGREEMENT WITH THE SUBDIVIDER
AND ACCEPTANCE OF AN ASSIGNMENT OF A CERTIFICATE OF
DEPOSIT IN LIEU OF SURETY BONDS (13108 BLODGETT AVENUE)
AYES: 4 Council Members: Quinn, Jackman, Mackaig, Swearingen
ABSENT: 1 Council Member: Cormack
Minutes of Adjourned Regular Meeting of June 7 1982 (4 00 P.M.)
Mr. Miller said the Minutes indicate at the end of the meeting that the Budget
hearing and study session were closed, and there was no motion or action by the
Council to close the hearing. Therefore, the hearing should have been continued
to tonight�s meeting.
Mr. Donlevy said the hearing was closed, although there might be a technicality
on the wording.
Mr. Miller indicated he has some comments to make regarding the Budget on the
Lighting Maintenance District and the Water Budget.
Council Minutes 6/22/82
-2-
6 �7
During discussion, Mr. Newton stated a formal motion, in his opinion, does not
have to be made if there is a determination with the consent of the Council that
the hearing is concluded. He went on to say the Charter states a public hearing
shall, from time to time, be adjourned; if the Council did not adjourn the hearing
to a time certain, then it is a logical inference the hearing was closed. Mr.
Newton indicated there is no objection if the Council does consent to hear remarks
prior to action on adoption of the Budget
Further discussion ensued.
Mr. Ken Miller, 7336 Cleargrove Drive, proceeded with his remarks concerning
the Lighting Maintenance District, noting his review for the fiscal years 1978-79
through May of this year. He has analyzed each of the districts separately and
for the past three years residential properties have been supporting some of the
other districts. Mr. Miller suggested adjustments be made in the rates to equalize
the lighting district.
It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed
by the following vote to approve the Minutes of the Adjourned Regular Meeting of
June 7, 1982 (4:00 p.m.).
AYES: 4 Council Members: Quinn, Jackman, Mackaig, Swearingen
ABSENT: 1 Council Member: Cormack
MISCELLANEOUS ACTION
There being no objection, the request for final action on Appeal to Zone
Variance No. 205, 12072 Smallwood Avenue, was moved foward on the Agenda.
Councilman Jackman questioned why this matter has been brought to the Council
when it was originally set for final action on July 13th.
Councilman Mackaig concurred but referred to Section 9160.08 of the Downey
Municipal Code pertaining to appeals of the City Council and the 40-day time limit
in which the Council must render a decision. He noted the 40 days has elapsed and
asked if the appeal would automatically be denied.
Mr. Newton said the 40 days referred to in Section 9160.08 (f) is directory,
not mandatory, and there is no provision for denial if the Council fails to act
within that time. If the Council wants to take more than 40 days it may do so.
Councilman Mackaig moved to have the appeal removed from the calendar because
the question is moot.
Mr. Newton stated he disagrees with Councilman Mackaig's interpretation of
the Ordinance. In his opinion, there has to be a vote on the merits of the Appeal.
Discussion ensued.
It was moved by Councilman Jackman to maintain the Council determination date
of July 13th, as established. There was no second to the motion.
Mr. Jack Davis, 12072 Smallwood Avenue, requested the Council to take action
on the appeal this evening.
Councilman Mackaig discussed making another motion to declare the appeal moot,
but Mr. Newton informed him that in his opinion it would be an invalid action on
the part of the Council.
Mr. Donlevy suggested the Council continue this matter over to July 13th and
have the City Attorney prepare a legal opinion in writing.
Councilman Mackaig withdrew his motion.
Referred to the City Attorney for a legal opinion by the next meeting.
Mayor Swearingen declared a recess from 8:21 p.m, to 8:29 p.m. The meeting
resumed with Council Members Quinn, Jackman, Mackaig, Swearingen present; Council
Member Cormack absent.
ORAL COMMUNICATIONS - Items not on Agenda
Mr. Ken Miller, 7336 Cleargrove Drive, spoke regarding the Water Budget and
the City Council Budget. He commented on his review of the City Council Budgets
for fiscal years 1978-79 through 1981-82, noting the amount spent for the past two
Council Minutes 6/22/82 -3-
699q
years is higher than budgeted. He suggested the Council establish a higher amount
then proposed for this year to be more realistic. Mr. Miller then discussed the
Water Budget and the financing for the water systems in the City. He said if the
increased rates are approved it will amount to approximately 40 percent in two
years, and he requested the Council review this before approving the water rates.
ORDINANCES
ORDINANCE NO. 700
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE DOWNEY MUNICIPAL CODE, SECTION 4251,
RELATING TO DOGS, EXCEPTIONS TO THE LEASH LAWS
The Ordinance was read by title only. It was moved by Councilman Jackman,
seconded by Councilman Mackaig, and passed by the following vote to waive further
reading and to adopt Ordinance No. 700.
AYES: 4 Council Members: Quinn, Jackman, Mackaig, Swearingen
ABSENT: 1 Council Member: Cormack
RESOLUTIONS
RESOLUTION NO. 4114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING THREE (3) WATER SERVICE ZONES FOR SEPARATE
WATER RATES AND RESCINDING RESOLUTION NO. 3982
The Resolution was read by title only. It was moved by Councilman Jackman,
seconded by Councilman Mackaig, and passed by the following vote to waive further
reading and to adopt Resolution No. 4114.
AYES: 4 Council Members: Quinn, Jackman, Mackaig, Swearingen
ABSENT: 1 Council Member: Cormack
RESOLUTION NO. 4115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING THE FISCAL YEAR 1982-83 BUDGET WITH IMPLEMENTING
DOCUMENTS
The Resolution was read by title only. It was moved by Councilman Mackaig,
seconded by Councilman Quinn, and passed by the following vote to waive further
reading and to adopt Resolution No. 4115.
AYES. 4 Council Members: Quinn, Jackman, Mackaig, Swearingen
ABSENT: 1 Council Member: Cormack
RESOLUTION NO. 4116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT
FOR FISCAL YEAR
The Resolution was read by title only. It was moved by Councilman Jackman,
seconded by Councilman Mackaig, and passed by the following vote to waive further
reading and to adopt Resolution No. 4116.
AYES: 4 Council Members: Quinn, Jackman, Mackaig, Swearingen
ABSENT: 1 Council Member: Cormack
CASH CONTRACTS
It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed
by the following vote to award a unit price contract for Alternate Bid No. 2 and
Additive Bid Item No. 1 totaling $212,968.17 to Sully -Miller Contracting Company,
Inc., for work under S.S. Project #351, Telegraph Road - West City Limit to East
City Limit (Account #26-16227).
AYES: 4 Council Members: Quinn, Jackman, Mackaig, Swearingen
ABSENT: 1 Council Member: Cormack
It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed
by the following vote to approve plans and specifications and grant authority to
advertise for bids on Cash Contract #457, Golden Park Community Building (Account
#21-17137 & #27-17137).
Council Minutes 6/22/82 -4-
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Mr. Jarrett reported that Councilmen Quinn and Jackman met with residents of
the neighborhood to develop ideas for the new building. He then commented on the
plans and specifications displayed for Council review and an artist's rendering of
the proposed improvements at Golden Park.
AYES: 4 Council Members: Quinn, Jackman, Mackaig, Swearingen
ABSENT: 1 Council Member: Cormack
It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed
by the following vote to approve plans and specifications for Apollo Neighborhood
Service Center Modification and authorize the City Manager to advertise for bids.
AYES: 4 Council Members. Quinn, Jackman, Mackaig, Swearingen
ABSENT: 1 Council Member: Cormack
MISCELLANEOUS ACTIONS
It was moved by Councilman Mackaig, seconded by Councilman Jackman, and so
ordered to set a hearing on Appeal to Zone Variance #216 9250 Lakewood Boulevard,
for 7:30 p.m., July 27, 1982, in the Council Chamber of the Downey City Hall.
Automated Process of Parking Citations
Mr. Donlevy commented on the ongoing problem of collecting parking citations.
He said there is a firm who wants to help the City, plus the City can help the firm,
to clean up the tremendous backlog of outstanding citations.
It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed
by the following vote to approve the Agreement with Spence Enterprises, Inc. -
Communications Division (SEICOM), for the automated process of parking citations.
Councilman Mackaig suggested the City keep a close watch on this program
because a recent newspaper article indicated a firm was collecting citations for
a City and failed to reimburse the City thousands of dollars.
AYES. 4 Council Members: Quinn, Jackman, Mackaig, Swearingen
ABSENT: 1 Council Member: Cormack
It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed
by the following vote to contribute $2,472 in support of the WE TIP Program.
AYES: 4 Council Members: Quinn, Jackman, Mackaig, Swearingen
ABSENT: 1 Council Member: Cormack
CITY MANAGER'S REPORT
Mr. Donlevy commented on a Small Claim action against the City involving a
supposed golf ball hitting a windshield at the Golf Course. The Judge rendered a
decision against the City, and it is requested the City Attorney be authorized to
file an appeal on this case, strictly on principal. The amount of the claim was
$224.16 plus $20 costs on plaintiff's small claim.
Questions were raised regarding the costs to the City to appeal the case.
Councilman Mackaig suggested this not be handled by the City Attorney's office.
It was so ordered to authorize proceeding with an appeal to the Small Claim
action.
STAFF REPORTS: None
ORAL COMMUNICATIONS - City Council
Councilman Mackaig expressed concern regarding the decision in the case of
John Hinckley, who shot President Reagan.
It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed
by the following vote that the Council go on record and write to the City's State
Assemblyman, State Senator, Congressman, and U.S. Senator strongly requesting they
pass legislation to keep these criminals off the streets.
AYES: 4 Council Members: Quinn, Jackman, Mackaig, Swearingen
ABSENT: 1 Council Member: Cormack
Council Minutes 6/22/62 -5-
700 f
Mr. Bob Davila, 8024 Albia Street, Councilman -elect for District 2, referred
to an incident involving freeing a suspect because he was under the influence of
PCP, who was declared insane and not responsible for his actions. He feels this
is additional information that should be added in the correspondence to the
Legislators.
Mr. Randy Barb, Councilman -elect for District 4, agreed with whatever the
Council can do to have an influence in that direction.
Mayor Swearingen commented on receipt of a resolution from the County Board
of Supervisors requesting support of flexible application of the County minimum
formula in SB 215 as a short-term measure and a legislative revision to that
formula to exclude Federal Inter -state funding.
Referred to staff.
ORAL COMMUNICATIONS - Audience: None
Before closing the meeting, Mayor Swearingen said this is his and Councilman
Mackaig's last meeting, and it is the first time the City has had a Mayor for such
a short time. He appreciates the opportunity to have served as Mayor for the time
that he did.
ADJOURNMENT - 8:52 p.m.
The meeting was adjourned to 7:30 p.m., July 6, 1982, in the Council Chamber
of the Downey City Hall, for Reorganization of the City Council.
p
Robert L. Shand, City -Clerk -Treasurer - y 11 W. Swearingen. Mav'r
Council Minutes 6/22/82 -6-