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HomeMy WebLinkAboutMinutes-12-28-82-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 28, 1982 T A B L E O F M I N U T E A C T I O N S SUBJECT.• ACTIONI: PAGE NO. Ord. #708, amending DMC re Garage Sale Adopted: Council requested report ,Permits re DMCenforcement 2 Minutes: Adj. Reg. Mtg., December 7, 1982; & Reg. Mtg. December 14, 1982 Approved Rejection of Legal Claims: Ref. #550 & 589 Approved General Warrants: #209582 - 209603 #307743 - 308077 Res. #4187, Auth. Destruction of Certain Records (Planning Div.) Res. #4188, Denying Zone Variance #238 (13630 Verdura Av.) Mr. Charles Allen req. withdrawal of towing bid Ord. #709, amending DMC (Planning Res. #592), Zone .Change Case #186 (11725 Coldbrook Av.) Res. #4189, Auth. Time Limit Parking & No Stopping Restr. on Firestone B1. & Rescinding Res. #4179 Res. #4190, Appointing City Attorney & Providing for Compensation CC #485 - Civic Center Proj., Emergency Generator Purchase Vehicle Towing & Storage Services Approved Adopted Adopted Adopted Adopted Adopted Action delayed to next meeting Held to next meeting Proj. Area Comm. - Redev. Plan Amndmt. #3: Appoint 2 members from Dists. 1, 2, 3 & 4 as subm. & req. Downey Bd. Education, Bd. of Realtors, & Chamb. Comm. to nominate one member each for Council approval at the earliest possible date Approved Amendment to Agmt. for Acquis. of Real Ppty. for the Hometels Site: Auth. Mayor to sign Hearing on Appeal, Zone Variance #241 8605 Firestone Bl. Approved Set for January 11, 1983 Rate Changes for Cable TV: Cancel scheduled hrg. for 1/11/83 & direct staff to work thru Consortium of Cities to prepare amndmt. to Franchise Ord. #679: Once completed, amndmts. will be brought to Council for adoption Approved Cn. Davila requests clarification re City Manager status in City Charter Mayor Quinn comments on receipt of letters opposing removal of Bus Line 460 Chamber of Commerce req. for 2nd half of $20,000 Mayor will contact Chamber to submit report of activities 2 2 2 2 2 2 2 3 3 3 4 C) 5 5 5 5 5 5 Page 1 of 2 COUNCIL MINUTES, DECEMBER 28, 1982 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: PAGE NO. Discussion re Sign Ordinance 6 Mr. Glenn Johnson requests Council contact State reps. to oppose split of City into two Congressional Districts Approved 6 Closed session re possible, litigation 6 Page 2 of 2 7/0 0 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 28, 1982 The City Council of the City of Downey held a regular meeting at 7:30 p.m., December 28, 1982, in the Council Chamber of the Downey City Hall, Mayor James T. Quinn presiding. PRESENT: Council Members: James. T. Quinn Mayor Robert G. Cormack Mayor Pro'.Tem Theodore H. Jackman Randall R. Barb Bob Davila ALSO PRESENT: Dudley Lang, Assistant City Manager Carl K. Newton, Assistant City Attorney William A. Ralph, Director of Public Works Joseph Guthrie, Director of Police Harald J. Henriksen, City Engineer Harry Rayson, Building Official Gordon Davis, Purchasing Manager/Insurance Risk Manager Ronald S. Irwin, Battalion Chief Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend Steve, Iseman, Downey United Methodist Church. The Flag Salute was led by Councilman Barb. PRESENTATIONS: None HEARINGS Mayor Quinn opened the hearing on Amendment to Downey Municipal Code adopting a Fee for Garage Sale Permits. 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 Davila, and so ordered to receive and file the Proof. Mr. Lang explained the Building Division makesinspections to certify that people have garage sale permits, and recently the Building Division has gone out on Saturdays and found many garage sales without permits. He said the ordinance would establish a $5.00 fee for a permit, which would cover at least a portion of the costs incurred by the Building Division in making inspections. Mr. Payson responded to questions regarding the number of garage sales in the City and -the manner in which they are policed by City personnel. Councilman Jackman questioned whether the Police Department should be asked to carry out the policing of garage sales on the weekend. Mr. Guthrie explained many times the officers will enforce the sign ordinance where people have posted signs illegally. He said an ordinance such as this is generally enforced on complaint. Council Members questioned whether this will be another ordinance on the books that is not enforced. Councilman Cormack suggested requiring the permit to be placed in a conspicuous place at the garage sale. That way, he said, it will be easier to police. Mr. Payson indicated this could be noted on the permit. Councilman Jackman questioned what the penalty is for not having a permit. He was informed there is no.penalty at the present time. Councilman Cormack feels the fee should be doubled or tripled as a penalty. Mr. Rayson pointed out that any violation of a'City ordinance is a misdemeanor, which technically is punishable by a $500 fine and/or six months in jail. Council Minutes 12/28/82 -1- Mr. Newton advised that if the Council wants to provide for a penalty fee to be paid upon issuance of a permit "in the field," this would require an amendment to the ordinance presented. Mayor Quinn inquired if the City Clerk had received any correspondence on this matter, and the response was no. There being no one present to speak to the proposed Code amendment, it was moved by Councilman Jackman and seconded by Councilman Cormack to close the hearing. It was moved by Councilman Jackman and seconded by Councilman Cormack to adopt the Code amendment to charge the $5.00 fee for garage sales and enforce it so that anyone caught without a permit will be cited. During discussion, Mr. Newton explained how misdemeanor violations are handled — through the court process. ORDINANCE NO. 708 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 9110.08 (i) OF THE DOWNEY MUNICIPAL CODE, SUCH SECTION RELATES TO GARAGE SALE PERMITS 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. 708. AYES: 4 Council Members: Cormack, Jackman, Barb, Quinn ABSTAIN: 1 Council Member: Davila Councilman Barb requested a report on how many violations have been issued and what the disposition has been. He requested this be aggressively pursued in the future. CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by the following vote to approve the Consent Calendar: Meeting of December 7, 1982; and of . #550, Hood Corporation and General and Ref. #589 General Warrants: #209582 - 209603; #307743 - 308077: $1,239,704.47. (RESOLUTION NO. 4187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS (PLANNING) RESOLUTION NO. 4188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING ZONE VARIANCE NO. 238 (13630 VERDURA AVENUE) AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn ORAL COMMUNICATIONS - Items not on Agenda Mr. Charles Allen, 8227 Arnett Street, said he submitted a bid for towing service in the City, which he would like to withdraw. He was told he could address the Council later when the towing service contract is considered. ORDINANCES ORDINANCE NO. 709 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. 592), ZONE CHANGE CASE NO. 186 (11725 COLDBROOK AVENUE) The Ordinance was read by title only. It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by the following vote to waive further reading and to adopt Ordinance No. 709. Council Minutes 12/28/82 -2- 7/6a AYES: 4 Council Members: Jackman, Barb, Davila, Quinn NOES: 1 Council Member: Cormack RESOLUTION NO. 4189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING TIME LIMIT PARKING AND NO STOPPING RESTRIC- TIONS ALONG FIRESTONE BOULEVARD AND RESCINDING �.. RESOLUTION NO. 4179 The Resolution was read by title only. Councilman Davila indicated he spoke to All American Home Center and was in- formed their only objection would be on weekends and holidays. Mr. Lang said a letter was received from All American Home Center requesting the temporary parking situation on Firestone be made permanent for a no stopping from 6:00-9:00 a.m, and two-hour parking limit between 9:00 a.m. and 6:00 p.m. Discussion followed. It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by the following vote to waive further reading and to adopt Resolution No. 4189. AYES: 4 Council Members: Jackman, Barb, Davila, Quinn NOES: 1 Council Member: Cormack RESOLUTION NO. 4190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING CITY ATTORNEY AND PROVIDING FOR COMPENSATION The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by unanimous vote to waive further read- ing and to adopt Resolution No. 4190. CASH CONTRACTS Cash Contract #485 - Civic Center Project Emergency Generator Purchase It was noted the existing generator is 12 years old and has been operated approximately 500 hours. Councilman Jackman suggested renting an emergency generator during the transi- tion period so that the changeover to the new facility can be made without purchasing a new unit. Mayor Quinn favored purchasing a new generator. Mr. Henriksen emphasized that in the formulation of plans and specifications for the Civic Center, it was a very hurried -up project to coordinate construction with the hotel. He pointed out many things were overlooked, one of which was the standby power to be provided 24 hours a day for the Police Department and Computer services Division. The plans and specifications require rewiring the existing unit in order to fit into the new complex. The existing unit has only been operated about 500 hours, and the equipment has been maintained. This matter is presented to the council as an option. Mr. Dick Crawford of Anderson Electric, sub -contractor on the Civic Center -- Project, and Mr. Amir Sardari of Cummins Service and Sales, Inc., responded to technical questions of the Council concerning wiring for the new City Hall and testing the existing generating system. It was moved by Councilman Cormack, seconded by Councilman Davila, and passed by the following vote to delay action until the next meeting in order to get fur- ther facts and figures. Mr. Henriksen explained that if it is decided to stay with the existing unit, the engine and generator system will be too large for the maintenance building and will necessitate lowering the floor approximately 16 inches and providing a floor drain. I£ a new unit is chosen, this would not have to be done because it is more compact. Council Minutes 12/28/82 -3- 1/0-3 Councilman Barb suggested that if the contractor bid the job which includes using the old generator, then he should take care of this. Mr. Bill Stubblefield said Little John in Vernon would be a good party to check out the generator. He also indicated he would be able to suggest someone to help on the diesel motor to determine its condition to specifications. AYES: 4 Council Members: NOES: 1 Council Member: MISCELLANEOUS ACTIONS Cormack, Jackman, Barb, Davila Quinn Vehicle Towing and Storage Services Mr. Charles Allen, 8227 Arnett Street, owner of Doug's Tug, indicated he would like to withdraw any consideration of doing business with the City. Mr. Denzer of Denzer Towing does not think the contract should be awarded on percentage or best guarantee. He said his percentage was lower and guarantees higher than United Towing. Mr. Bill Stubblefield, 8561 llth Street, discussed the bids and questioned how the other companies arrived at their bid. Mr. Davis commented on the tow rates established by the Los Angeles Police Commission at $40.00 a tow and $5.00 a day for storage. He estimated the average tow would result in several', days storage. It was felt the least revenue would be an average of between $40.00-$50.00 for approximately 1700 tows a year. Mr. Davis commented on the estimated revenue for towing and storage. Councilman Jackman mentioned in the past the City has had two towing services, and he questioned what guarantees the City has that United Towing can handle all of the calls in a timely basis. Mr. Davis replied there is a ten minute response time requirement in the bid, and if they are unable to respond with one of their own units, they are responsible for providing backup. Councilman Cormack questioned whether United Towing can guarantee the City will have backup towing service. When asked if he would, provide backup service, Mr. Stubblefield replied yes, and he questioned how United Towing arrived at 22 percent gross receipts. He indi- cated providing backup service would be no problem. Councilman Davila indicated he personally contacted each of the towing services and he questions the 22 percent figure. He commented on his experience with United Towing and said the public should be considered in this matter. Mr. Denzer said when considering backup, the second bid should be accepted, which is Doug's Tug. He pointed out he has the personal recommendation of the Automobile Club. Mr. Allen mentioned the agreement says the towing service cannot call for backup unless the City's permission is given. Mr. Davis said pre -designated backup companies require City approval. Councilman Davila requested this be held until he can study the contract. Councilman Barb indicated he has heard complaints about the personal contact people have had with United Towing. However, in view of United's bid being the best, he feels the contract should be awarded. Councilman Davila again indicated he would like to review the contract before the bid is awarded. Held to the next meeting. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by unanimous vote to appoint two members each from Districts One, Two, Three, and Four as submitted to the Project Area Committee - Redevelopment Plan Amendment No. 3, and request the Downey Board of Education, Board of Realtors, and Chamber of Commerce to nominate one member each for City Council approval at the earliest possible date. Council Minutes 12/28/82 -4- Councilman Barb inquired how often the Committee will meet and how many weeks or months this might involve. Mr. Lang replied the Committee will initially meet approximately once every two weeks to review the proposed Redevelopment Plan, relocation requirements, and make recommendation to the Redevelopment Commission. The Committee is constituted for a three-year time period, during which it will review amendments to the Plan and act as an appeals board for grievances on relocation, etc. After adoption of the Plan Amendment, the Committee will meet as needed. It was moved by Councilman Davila, seconded by Councilman Jackman, and passed by unanimous vote to authorize the Mayor to execute proposed Amendment to Agreement for Acquisition of Real Property for the Hometels Site. A hearing on Appeal to Zone Variance No. 241, 8605 Firestone Boulevard, was set for 7:30 p.m., January 11, 1983, in the Council', Chamber of the Downey City Hall. It was moved by Councilman Jackman, seconded by Councilman Davila, and passed by the following vote to cancel the scheduled January 11, 1983, public hearing on proposed Rate Changes for Cable Television, and direct staff to work through the Consortium of Cities to prepare an amendment to Franchise Ordinance No. 679. Once completed, the amendments will be brought to the Council for adoption. Councilman Barb feels a public hearing should be held before any rate increase can be approved. Mr. Newton explained the reason it is recommended the hearing be cancelled is that some of the items requested as rate increases were not clarified in the Ordi- nance. There needs to be an amendment to the Ordinance in order to properly clarify the types of charges sought to be imposed. He said this will come back to the Council before a rate increase is granted. Mr. Lang also explained he was informed by Mr.'Cano, liaison with the consor- tium of cities who approved the franchise for Cable TV, that he was anticipating an amendment to the original Ordinance to allow for rate increases or changes in service to be handled by resolution rather than by ordinance. Councilman Jackman also prefers the public hearing process for rate changes. Mr. Lang added it is not actually a rate change being requested but is a matter of adding available services to the Ordinance. Mr. Newton explained his understanding of the recommendation is that the city Council cancel the public hearing currently scheduled on a group of rate changes, some of which do not fit the existing ordinance, and develop an amendment to the Ordinance to provide charges for specific purposes.Thereafter, any rate change sought would have to go through the public hearing and resolution process. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn CITY MANAGER'S REPORT: None STAFF REPORTS: None ORAL COMMUNICATIONS - City Council Mayor Quinn said there will be a closed session regarding potential litigation. Councilman Davila referred to the City Charter, Article VI - Section 600, and requested clarification as to whether the City Manager can be appointed using any other title_ Mr. Newton responded that the chief administrative officer of the City is the chief executive officer, who administers the function of the City as defined in Section 604 of the Charter. He does not believe the City Manager can be designated by any other name without an amendment to the Charter. Mayor Quinn mentioned he has issued a press release stating the City is not discontinuing Bus Line 460. He has received petitions from people opposing the elimination of Line 460. Mayor Quinn then commented on the Chamber of Commerce previous request for $20,000 and the Council's approval last August of $10,000, with another $10,000 in six months following justification by the Chamber. He said the Chamber now needs the second $10,000. Council Minutes 12/28/82 -5- ?ros Councilman Jackman said he would like a report on what the Chamber is doing before approving the second $10,000. Mayor Quinn indicated he will talk to the Chamber and inform them to itemize the different services they provide. Councilman Davila commented he has received complaints regarding signs and he requested staff to study this and see if an ad hoc committee can be formed to make recommendations and satisfy the merchants. Mayor Quinn said the Chamber of Commerce has received a number of calls from businesses, and he has been contacted with a request for a meeting, which he would like two Council Members to attend. Councilman Jackman mentioned the Council spent nearly one year on the Sign Ordinance, which had Chamber of Commerce concurrence when adopted. He pointed out the Ordinance has not been enforced, and he feels enforcing it would improve the appearance of the City. Mayor Quinn indicated there have been differences of opinion with regard to interpretation of the Ordinance. Mr. Newton said any matters of interpretation should be referred to him when- ever possible, and if there is a conflict, it should be recognized and a change made to eliminate any opportunity for arbitrary interpretation. ORAL COMMUNICATIONS - Audience Mr. Glenn Johnson, 9245 True Avenue, brought to the Council's attention a proposal to split Downey into two Congressional Districts. He urged the Council to take a stand against the City being divided and to contact State Legislators regarding this matter, inasmuch as they are the ones drawing the boundaries and making the decision. Action will probably take place this week. Mr. Johnson said he has not been able to determine how the City is divided, but the Los Angeles Times reported the City will be divided one-third into Congressman Augustus Hawkins' district and two-thirds into the district that includes Congressman Glenn Anderson's territory. It is not known whether it is a north -south division or east -west division. It was moved by Councilman Cormack that staff prepare a telegram from the City to Assemblyman Bruce Young and Senator Paul Carpenter. He also recommended each Council Member contact them individually. The Council Members agreed. It was also suggested the City's ICA representa- tive in Sacramento be contacted to see what he can do. Councilman Barb feels it is important the Council make a positive statement as to where the City should be placed, such as in a district of like communities and not divided. So ordered by the Mayor. CLOSED SESSION The meeting was recessed to a closed session from 9:45 p.m. to 10:17 p.m. to discuss possible litigation.. The meeting resumed with all Council Members present. ADJOURNMENT.- 10:17 p.m. Robert L. Shand, City erk-Treasurer Council Minutes 12/28/82 C.