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Home My WebLink AboutMinutes-06-23-92-Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY " JUNE 23, 1992 T A B L E O F MINUTE ACTIONS SUBJECT ACTION PAGE NO. Certificates of Appreciation 2 Res. #5564, approving Conditional Use Permit #92 -10 (12160 Downey Ave.) Adopted as amended 3 Res. #5565 aproving Zone Variance #92 -14 (7975 2nd St.) Adopted as amended 5 Norman Horney re art enhancement at Lakewood Blvd. Green Line Light Rail Station 5 Barbara Wlassak re problems at her rental property on Rose Ave. 5 Zach Morales re noise disturbance from truck traffic on Hall Rd.; request Hall Rd. be blocked off past Coldbrook Ave. 5 Res. #5566 adopting fiscal year 1992 -93 Budget with implementing documents Adopted 6 Res. #5567 establishing Uniform Schedule of Fees Adopted 7 Comprehensive Housing Affordability Report: Authorize submittal of report to Dept. of Housing & Urban Dev. Approved 7 Items Removed from Consent Calendar 8 Council Minutes: Adj. Reg. Mtg., 6/3/92; Reg. Mtg., 6/9/92 Approved 8 Petition requesting street closure for block party (Rosecrans /Gunderson Aves.) Denied 8 Cash Contract #434 - Citywide slurry seal: Award contract to Roy Allan Slurry Seal, Inc. Approved 8 Cash Contract #586 - Water Yard reservoir dome ring repair: Accept improvements & maintenance of same Approved 8 Cash Contract #575A - Construction of Pump Bldg. Well #4 (8040 Allengrove St) : Accept improvements & maintenance of same Approved 8 Cash Contract #587/588 - Downey Community Theatre Asbestos Abatement /Roof Replacement: Grant authority to advertise for bids Approved 8 Page 1 of 3 COUNCIL MINUTES, JUNE 23, 1992 TABLE OF ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Warrants Issued: #46880 - 47293 Approved 8 Temp. construction easement for freeway soudwa l l along south side of Santa Ana Freeway at Well Site #6 (9201 Cord Ave.) Approved 8 L i a b i l i t y litigation management guidelines Approved 8 Selection of Colen & Lee, Inc. as Liability Claims Administrator for City Approved 9 Renewal of contract with Colen and Lee, Inc. as Worker's Comp. Claims Administrator for City Approved 9 Name Downey City Library Meeting Room in honor of Louise & Robert Cormack in honor of years of dedication & service Approved 9 Reappointment of Carol Woods to Metropolitan Coopera- tive Library System Advisory Board Approved 9 Extension of Agreement with All City Management Svcs., Inc. for crossing guard services for one year Approved 9 Res. #5568 describing improvements within Ltg. Maint. Dist. A.D. 121 for fiscal year 1992 -93 & ordering engineer to prepare & file report Adopted 9 Res. #5569 approving engineer's report for assessments during fiscal year 1992 -93 Adopted 9 Res. #5570 decl. intent to levy & collect assessments Adopted; sets hrg. w /in Ltg. Maint. Dist. A.D. 121 for fiscal year 1992 -93 7/28/92 10 Res. #5571 approving & adopting annual appropriations limit for fiscal year 1992 -93 Adopted 10 Correspondence from Veronica Barrera, 7839 Third St., requesting exclusive concession to Downey Parks for Beverly Hills Ice Cream Co. Received & Filed 10 Authorize purchase of Police two -way radio system from Asset Seizure Funds Approved 10 Res. amending City's Conflict of Interest Code Cont. to 7/14/92 10 Page 2 of 3 COUNCIL MINUTES, JUNE 23, 1992 TABLE OF ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cn. Boggs re status of artwork at Lakewood Blvd. Light Rail station; follow -up on traffic problem in vicinity of Hall Rd. & Coldbrook Ave.; clarified appointee terms to Board, Commissions & Committees 11 Cn. Braze lton re elimination of certain Recreation Referred to staff Programs 11 Cn. Riley re citizen compliment of staff; safety hazard due to abundance of weeds at specific Fireworks station on Paramount Blvd. 11 Cn. Cormack re funding of tree trimming at Golf Course 11 Mayor Hayden re maintainene of vacant properties 11 Authorize publication of newspaper ad re Charter Amendment limiting Council terms Approved 11 Mr. Caton re appreciation to Council Member Cormack & Mayor Hayden for opportunity to serve as City Manager 12 Meeting adjourned to: 7:00 p.m., June 30, 1992 City Council Reorganization 12 Page 3of3 a) I 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 23, 1992 The City Council of the City of Downey held a regular m. June meeting a t 7:24 p.m., 23 , 1992, i n the Council l Chamber of the Downey City Hall, Mayor Barbara J. Hayden presiding. PRESENT: Council Members: Barbara J. Hayden Mayor Diane P. Boggs Mayor Pro -Tem Robert G. Cormack Robert S. Braze l ton Barbara J. Riley ALSO PRESENT: Gerald M. Caton, City Manager Peter Thorson, City Attorney Judith McDonnell, City Clerk Lee Powell, Assistant City Manager Ron Irwin, Fire Chief James Jarrett, Director of Community Services Clayton Mayes, Police Chief Art Rangel, Director of Community Development Lowell Williams, Director of Finance Robert Brace, City Engineer William Makshanoff, Building official Mark Sellheim, Principal Planner Ed Velasco, Housing Manager June Yotsuya, Assistant to the City Manager Cindi Apidgian, Executive Secretary PRESENTATIONS Council Member Cormack presented a Certificate of Appreciation to Angelo R. Cardono in honor of his service to this conmunity and his commitment to the citizens of Downey. Mayor Hayden presented Certificates of Appreciation to District 5 appointees serving on various Commissions, Committees and Boards: Mr. Tom Ahrens - Health and Environmental Sanitation Committee Ms. Frances Benson - Library Advisory Board Mr. David Buhler - Emergency Preparedness Committee Ms. Gloria Heer - Health and Environmental Sanitation Committee Mr. Robert Shand - Emergency Preparedness Committee Mr. Scott Temple - Water Advisory Board Ms. Johnette Stickel - Recreation and Community Services Commission Dr. John Simms - Civic Center Corporation Mr. Frank Beckner was recognized in the audience for his service as a member of the Parking Place Commission and former Planning Commissioner. Council Minutes 6/23/92 -1- 95 ,) 4., Council Member Cormack presented Certificates of Appreciation to District 3 appointees serving on various Commissions, Committees and Boards: Ms. Joan Fry - Health and Environmental Sanitation Committee Mr. Brian Gasdia - Charter Review Committee Ms. Gloria Heer - Recreation and Community Services Commission Mr. Warren Heer - Emergency Preparedness Committee Mr. William Hunt - Water Advisory Board Mr. Lawrence Lewis - Water Facilities Corporation Dr. Gary 'McCaughan - Civic Center Corporation and Planning Commission Ms. Patricia Tersi - Emergency Preparedness Committee Council Member Boggs presented Certificates of Appreciation to District 1 •� appointees serving on various Commissions, Committees and Boards: Mr. Ken Beckner - Water Advisory Board Mr. Roger Lawrence - Recreation and Community Services Commission Mr. Joe Sarabia - Cable TV Advisory Committee Ms. Connie Sziebl - Health and Environmental Sanitation Committee Ms. Louise Toledo - Traffic Committee Ms. Joyce Lawrence - Planning Comission HEARINGS Mayor Hayden opened the public hearing on APPEAL, CONDITIONAL USE PERMIT NO. 92 -10, 12160 DOWNEY AVENUE (OWNER /APPLICANT: NICK ANANIAS) - REQUEST TO PERMIT AN AUTO REPAIR FACILITY IN C -2 (GENERAL COMMERCIAL) ZONE which was continued from the meeting of May 12, 1992. Mr. Rangel summarized the staff report, discussing the location, history and the applicant's future plans for this site. He narrated a brief slide presentation of the subject area, noting various violations such as over - signage, selling of cars, and lack of landscape maintenance. No correspondence was received on this matter. Mayor Hayden asked the applicant /appellant to come forward and present his case. Mr. Daniel Cartagena, 205 Pine Ave., Long Beach, representating the property owner, spoke regarding the former leasee, Mr. Tom Gibby, who created various problems with the property, which has been leased to a new tenant planning to upgrade the site. He requested an extended date of approval beyond September 1, 1992 and the opportunity to keep the business operating during the upgrading process. A conceptual drawing of proposed property improvement was displayed and explained in detail by Mr. Cartagena. Mayor Hayden asked if any of this information was submitted at the Planning Commission level and was informed that at the time the application came before the Commission, Mr. Gibby was still the leasee and operator of his business at this location. She then 'suggested that since this information is completely different from what the Planning Commission considered, an application should be brought before the Commission as it was presented to Council. Council Minutes 6/23/92 -2- 135 There being no one to speak in favor or opposition, it pp � was moved by Council Member Cormack seconded by Council Member Braze lton, and so ordered to close the public hearing. RESOLUTION NO. 5564 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL OF CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 92-10, A REQUEST FOR AN AUTO REPAIR FACILITY FOR PROPERTY LOCATED AT 12160 DOWNEY AVENUE, ZONED C -2 It was moved by Council Member Cormack and seconded by Council Member Riley o waive further y reading and adopt. Council Member Boggs discussed the change in tenants and the need to have a business remain open during renovation due to financial strain on the tenant and operator. a � Council Members Brazelton and Riley commented on the length of staff time spent on this project. Discussion ensued regarding how the business would maintain operation during renovation. Council Member Boggs concurred that the Planning Commission should see the new project plans. She noted, however, the short time frame given the applicant to build a new development. Council Member Brazelton suggested eliminating Condition No. 4 that requires ceasing all operation until conditions are completed and extending the timeline within which to renovate the site. On the basis of Council discussion, the City Attorney indicated the following changes should be made to the Resolution: the title should reflect approval; Section 4 should state approval of the Conditional Use Permit subject to the attached Conditions; Condition Nos. three and four should be omitted; and a new Condition No. 23 should be added to ensure the applicant secures a business license. It was moved by Council Member Cormack, seconded by Council Member Brazelton, and carried by the following vote to amend the Resolution as previously discussed by the City Atorney: AYES: 4 COUNCIL MEMBERS: Cormack, Boggs, Riley, Brazelton NOES: 1 COUNCIL MEMBERS: Hayden The Resolution as amended was carried by the following vote: AYES: 4 COUNCIL MEMBERS: Cormack, Boggs, Riley, Brazelton NOES: 1 COUNCIL MEMBERS: Hayden Mayor Hayden opened the public hearing on APPEAL, ZONE VARIANCE NO. 92-14, A REQUEST TO PERMIT A PARKING SLAB IN REQUIRED LANDSCAPED AREA ON PROPERTY LOCATED AT 7975 SECOND STREET, ZONED R1 -5000 (SINGLE FAMILY RESIDENTIAL, that was continued from the meeting of June 9, 1992 at which time the public hearing was closed. Council Minutes 6/23/92 -3- 9592 Mr. Rangel summarized the staff report, noting the reasons why the variance is necessary. At the last meeting, staff was directed to meet with the applicant to work out a solution for this driveway problem. Questions remain whether the applicant is content with staff's options. No correspondence was received. Council Member Boggs questioned whether the alternative of a parking permit was ever considered to allow Ms. Guerra to park in front of her house and was informed this option was given to Ms. Guerra; however, she was not interested in pursuing it. Discussion ensued regarding various options such as allowing a parking permit, vacating the alley or recommending slight remodeling of the home to acommodate a back entrance into the driveway. Mayor Hayden asked if the applicant /appellant wished to speak at this time. Ms. Zenaida Guerra, 7975 Second St., distributed copies of various material to Council via the City Clerk, noting that a parking permit would not help her as there are already cars parked in front of her house all the time. She discussed other alternatives that were not feasible to her, and requested a solid concrete driveway. RESOLUTION NO. 5565 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING ZONE VARIANCE NO. 92 -14 FOR PROPERTY LOCATED AT 7975 SECOND STREET The Resolution was read by title only. It was moved by Council Member Cormack and seconded by Council Member Riley to waive further reading and adopt. Discussion ensued regarding Condition No. 6., requiring the applicant to record a convenant to remove any driveway if she vacates or sells the property in the future. It was moved by Council Member Boggs, seconded by Council Member Riley, and carried by the following vote to amend the Resolution by deleting Condition No. 6 from the list of requirements: AYES: 4 COUNCIL MEMBERS: Boggs, Riley, Brazelton, Hayden NOES: 1 COUNCIL MEMBERS: Cormack Council Member Brazelton suggested the City retain some type of control so that a precedent would not be set; for example, if curcumstances were to change such that the parking problem is reduced, the variance could be modified. Council Minutes 6/23/92 -4- ttiti It was moved by Council Member Braze lton, seconded by Council Member Boggs, and unanimously carried to amend the motion to include a condition stating, per the City Attorney, if the alley adjacent to the ro ert is P P Y vacated or circumstances change such that the overflow parking is reduced and need for the driveway is eliminated, the Planning Commission shall have the authority to revoke the Variance. The Resolution as amended was carried by unanimous vote of Council. ORAL COMMUNICATIONS Mr. Norman Horney, 9102 Angell St., discussed art enhancement at the ,.•• Lakewood Boulevard station for the Green Line Light Rail. He invited the Council and public to attend an exhibit of the selected artist's renderings on Wednesday, July 1, 1992 at 7:00 p.m. at the Downey Museum of Art. He requested a future agenda item be considered for Downey to match funds from Proposition A monies given by other cities such as Paramount. Ms. Barbara Wlassak, 12053 Horley Ave., requested assistance regarding drug and gang problems she is having with her rental home on Rose Avenue. She was referred to Chief Mayes at the conclusion of the meeting. Mr. Zach Morales, 11603 Adenmoor Ave., commented on the disturbing noise from early morning truck traffic on Hall Road next to his residential neigh- borhood, noting that children have been hit in this area due to the large volume of traffic. He requested that Hall Road be blocked off just past Coldbrook Ave. Mr. Caton noted he met with the City Manager of Paramount and the Director of the Art- for -Rail Project and a compromise was reached wherein the cities' names would be allowed on the station facade, and this matter will be returning to Council for its consideration in the near future. HEARINGS (Continued) Mayor Hayden opened the public hearing on FISCAL YEAR 1992 -93 CITY BUDGET. Ms. McDonnell affirmed the Proof of Publication. It was moved by Council Member Cormack and so ordered to receive and file. Mr. Caton discussed the study sessions that were recently held on the budget, referencing the State budget and the unknown amounts the City has to work with at this time. He spoke regarding the various reductions made at the City Hall level and assured the Council there are no plans to begin spending the money as set forth in this budget on July 1, 1992. No correspondence was received on this matter. Mayor Hayden asked if there was anyone present who wished to speak regarding the proposed budget. Council Minutes 6/23/92 -5- .................. .... -.. _ ..... . 9 52 4 Mr. Joel Lubin, 7820 Allengrove St., mentioned that economic conditions could be worse and suggested cost improvements in the Police Department. Mr. Lennie Whittington, 8542 Manatee St., spoke regarding informing Council about current legal proceedings that require high legal fees and was pleased to see the City Manager had curtailed travel for City employees. It was moved by Council Member Boggs, seconded by Council Member Brazelton, and so ordered to close the public hearing. RESOLUTION NO. 5566 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOW N EY ADOPTING THE FISCAL YEAR 1992 -93 BUDGET WITH IMPLEMENTING DOCUMENTS The Resolution was read by title only. It was moved by Council Member Cormack, seconded by Council Member Brazelton, and unanimously carried to waive further reading and adopt. Prior to the foregoing vote, Council Member Brazelton questioned the status of vehicle -in -lieu fees and was informed these fees, as well as Redevelopment Agency income, may be tapped into by the State. Council Member Boggs commented she is approving the budget with the understanding that it will be reviewed again in July when more definite figures can be obtained from the State level. Mayor Hayden opened the public hearing on ESTABLISHING A UNIFORM SCHEDULE OF FEES. Ms. McDonnell affirmed the proof of publication. It was moved by Council Member Boggs and so ordered to receive and file. Mr. Powell summarized the staff report, noting a proposed change in approximately one - fourth of the current fees and some additional fees in the area of the Fire Department. Mayor Hayden asked how many of the fees in this schedule actually meet the cost for the service and was informed that most of the services are greatly subsidized by the City. Mr. Powell mentioned it would be difficult in these hard economic times to increase fees at this time for the public. There was no correspondence received on this matter. There being no one to speak in favor of the proposed fees, Mayor Hayden asked if there was anyone present to speak in oppostion. Mr. Lennie Whittington, 8542 Manatee St., discussed paramedic transport fees for residents and non - residents and received information from Chief Irwin regarding this matter. He also questioned the fees for Ordinances and Resolutions and was informed these documents would be free if available. The words "if available" were added to pages one and two of the Resolution regarding Ordinances and Resolutions. Council Minutes 6/23/92 -6- T35-2 It was moved by Council Member Cormack, seconded by Council Member Braze lton, and so ordered to close the public hearing. RESOLUTION NO. 5567 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOW N EY ESTABLISHING A UNIFORM SCHEDULE OF FEES The Resolution was read by title only. It was moved by Council Member Cormack, seconded by Council Member Boggs, and unanimously carried to waive further reading and adopt. The meeting recessed at 9:21 p.m. and reconvened at 9:40 p.m. Mayor Hayden opened the public hearing on COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY - AUTHORIZE SUBMISSION TO DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Ms. McDonnell affirmed the proof of ublication. It was moved by Council p y Member Boggs, seconded by Council Member Riley, and so ordered to receive and file. Mr. Rangel summarized the staff report, noting the Comprehensive Housing document has been made available to the public since May 1, 1992. The report contains information on the City's housing stock and marketing conditions, a 5 -year strategy for addressing current affordable housing needs, and an implemen- tation plan for the first year of that strategy. He mentioned this plan must be submitted to the Department of Housing and Urban Development by July 1, 1992, so as not to delay processing by HUD of the City's CDBG allocation for fiscal year 1992 -93. There was no correspondence received. Mayor Hayden asked if there was anyone present in the audience who wished to speak regarding this matter. Dr. Michael Sullivan, 11116 Rives Ave., commented on lack of citizen pt.- participation on this issue. Mr. Lennie Whittington, 8542 Manatee St., mentioned perhaps it would have been p n appropriate to raise this housing issue during the several neighborhood meetings recently held on the Community Development Block Grant Funds. Mr. Lee Squire, 8004 Sa mo l i ne Ave., discussed the fiscal impact of the strategy plan and waiving of funds for affordable housing. It was moved by Council Member Cormack, seconded by Council Member Brazelton, and so ordered to close the public hearing. It was moved by Council Member Cormack, seconded by Council Member Brazelton, and unanimously carried to authorize submittal of the report. Prior to the foregoing vote, Council Member Boggs commented on public participation and asked staff to meet with Mr. Squire and discuss his concerns regarding waiving of funds for affordable housing. Council Minutes 6/23/92 -7- 9 526 Mr. Ran el explained it is hard to assess the financial impact of this 9 strategy as there are so many variables. Mr. Thorson noted the regulations provide for notice to be placed in the newspaper and the proposed plan to be made available to those people who wished to review it, which was done in this case. REMOVAL OF ITEMS FROM CONSENT CALENDAR Council Member Boggs requested removal of Agenda Item VI-E-5, AUTHORIZE PURCHASE OF POLICE NO -WAY RADIO SYSTEM FROM ASSET SEIZURE FUNS, and Agenda r-. Item VI -F -2, MENDING CITY'S CONFLICT OF INTEREST CODE, from the Consent Calendar. Mr. Thomas Hartsfield, 10537 Mattock Ave., requested removal of Agenda Item VI-E-1, CORRESPONDENCE REQUESTING EXCLUSIVE RIGHT TO BEVERLY HILLS ICE CREAM DELIVERY SERVICE TO DOWNEY PARKS from the Consent Calendar. CONSENT CALENDAR It was moved by Council Member Brazelton, seconded by Council Member Riley, and unanimously carried to waive further reading of the Resolutions and approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: ADJOURNED REGULAR MEETING, JUNE 3, 1992; REGULAR MEETING, JUNE 9, 1992: Approve. PETITION REGARDING REQUEST FOR BLOCK PARTY AND STREET CLOSURE, corner of Rosecrans and Gunderson Avenues to 13526 -27 Gunderson Avenue for July 4, 1992: Deny. CASH CONTRACT NO. 434 - CITYWIDE SLURRY SEAL: Award contract t o t a l l i n g $226,577 to Roy Allan Slurry Seal, Inc—: Approve. CASH CONTRACT NO. 586 - WATER YARD RESERVOIR DOME RING REPAIR: Accept improvements completed and responsibility for maintenance of same: Approve. CASH CONTRACT NO. 575A - CONSTRUCTION OF PUMP BUILDING WELL NO. 4 (8040 ALLENGROVE ST.) : Accept improvements completed at a total cost of $88,826.65, and accept responsibility for maintenance: Approve. CASH CONTRACT NO. 587/588 - DOWNEY COMMUNITY THEATRE ASBESTOS ABATEMENT/ ROOF REPLACEMENT - Grant authority to advertise for bids: Approve. WARRANTS ISSUED: #46880 - 47293, $852,879.44: Approve. TEMPORARY CONSTRUCTION EASEMENT FOR FREEWAY SOUDWALL ALONG SOUTH SIDE OF SANTA ANA FREEWAY AT WELL SITE NO. 6 (9201 CORD AVE.) as required by C AL T R AN S to certify right -of -way so that funds can be allocated for construction: Approve. LIABILITY LITIGATION MANAGEMENT GUIDELINES to be followed by staff in selecting attorneys for specific liability lawsuits: Approve. Council Minutes 6/23/92 -8- 152 SELECTION OF COLEN AND LEE, INC. AS LIABILITY CLAIMS ADMINISTRATOR FOR CITY due to their overall pricing being least costly and the fact they are y a well-known, respected firm in the area of claims administration: Approve. RENEWAL OF CONTRACT WITH COLEN AND LEE, INC. AS WORKERS' COMPENSATION CLAIMS ADMINISTRATOR FOR CITY for the 1992 -93 fiscal year at the monthl y rate of $6510 per month effective July 1, 1992: Approve. NAME DOWNEY CITY LIBRARY MEETING ROOM IN HONOR OF LOUISE AND ROBERT CORMACK in honor of their years of dedication and service to PP Downey: Approve. REAPPOINTMENT OF CAROL WOODS TO METROPOLITAN COOPERATIVE LIBRARY SYSTEM ,...,� ADVISORY BOARD for a two -year term from July 1, 1992 to June 30, 1994 as requested by the Downey Library Advisory Board: Approve. EXTENSION OF AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR CROSSING GUARD SERVICES for one year to continue providing efficient service to the City and Downey Unified School District: Approve. RESOLUTION NO. 5568 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESCRIBING IMPROVEMENTS WITHIN LIGHTING MAINTENANCE DISTRICT A.D. 121 FOR THE FISCAL YEAR 1992 -93 AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT RESOLUTION NO. 5569 (ADOPT) A RESOLUTION OF THE CITY COUIC IL OF THE CITY OF DOWNEY APPROVING THE ENGINEER'S REPORT FOR ASSESSMENTS WITHIN LIGHTING MAINTENANCE DISTRICT A.D. 121 FOR THE FISCAL YEAR 1992 -93 RESOLUTION NO. 5570 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LIGHTING MAINTENANCE DISTRICT A.D. 121 FOR THE FISCAL YEAR 1992 -93 0.7 (SETS HEARING FOR 7:30 P.M., JULY 28, 1992) RESOLUTION NO. 5571 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 1992-93 ORDINANCES NOT SET FORTH ABOVE: None. RESOLUTIONS NOT SET FORTH ABOVE: None. ADMINISTRATIVE REPORTS: None. OTHER BUSINESS: CONSENT CALENDAR - ITEMS REMOVED BY COUNCIL APPROVAL CORRESPONDENCE FROM VERONICA BARRERA, 7839 THIRD ST. , REQUESTING CITY GRANT BEVERLY HILLS ICE CREAM DELIVERY SERVICE EXCLUSIVE CONCESSION TO DOWNEY PARKS Council Minutes 6/23/92 -9- 28 Mr. Thomas Hartsfield, 10537 Mattock Ave., expressed concern with giving an exclusive right to this ice cream delivery service. Ma ny non - profit organizations depend upon the sale of refreshments at their events in the parks as part of their budget and if approved, this exclusive right would infringe upon their profits. He referenced the current Ordinance disapproving this activity and requested Council receive and file the request and not refer it to any other Commission. Council Member Cormack did not favor allowing an exclusive right in this matter. ,...� Council Member Boggs concurred, noting the negative impact on local non - profit groups that receive their support from the money earned by selling refreshments at park events. She also mentioned the safety factor involved where children are buying from a vending truck. Council Member Brazelton questioned the basis for prohibiting this type of activity and was informed when the Ordinance was adopted, safety was and still is a major concern of Council. Mayor Hayden mentioned she would have no problem in referring this matter to the Recreation and Community Services Commission for their input. It was moved by Council Member Boggs, seconded by Council Member Riley, and carried by the following vote to receive and file the correspondence: AYES: 4 COUNCIL MEMBERS: Cormack, Boggs, Riley, Brazelton NOES: 1 COUNCIL MEMBERS: Hayden AUTHORIZE PURCHASE OF POLICE TWO -WAY RADIO SYSTEM FROM ASSET SEIZURE FUNDS Council Member Boggs noted she has received a report on expenditures of Asset Seizure Funds from staff. She questioned whether these purchases were budgeted items and from which budget they would be taken from and was informed all items were budgeted from the As set Seizure Fund. It was moved by Council Member Boggs, seconded by Council Member Cormack, and unanimously carried to authorize the use of $233,150 in Asset Seizure Funds for the purchase of police two -way radio system. AMENDING CITY'S CONFLICT OF INTEREST CODE Council Member Boggs questioned whether this Code had to be adopted at this time or if it could be continued for the new Council Members to review and Mr. Thorson advised this issue could be continued to the next meeting. It was the consensus of Council to continue consideration of adopting the City's Conflict of Interest Code to its meeting of July 14, 1992. OTHER BUSINESS: CITY COUNCIL MEMBERS Council Member Boggs requested a report on the status of artwork selected for the Lakewood Light Rail Station. She requested a follow -up on the traffic problem in the vicinity of Hall Road, Coldbrook Avenue, and Adenmoor Avenue. Council Minutes 6/23/92 -10- 95 •Regarding appointments to Commissions, Board—and Committees, Council Member , Boggs questioned whether appointees would still be able to serve after their term expires and prior to their position being filled. Mr. Thorson advised the persons would continue to serve until a successor is appointed. Council Member Brazelton questioned the elimination of certain Recreation Programs, specifically citing the lack of hiring a 'Sports Coordinator' that would organize young adult activities. He suggested using the Golf Course Funds for recreation services, and asked staff to reconsider this when the budget is revised in July. Council Member Riley mentioned receiving a phone call complimenting City staff. She also spoke regarding a possible safety hazard at a specific fi rewo rks stand on to o Paramount Boulevard that is surrounded by weeds. Mr. Harry Hem, 7926 6th St., commented the subject fireworks stand is sponsored by the Warren High School Boosters Club and the weeds would be taken care of immediately. Council Member Cormack questioned whether General Fund monies were being used for tree trimming on the golf course and was informed the Golf Course Fund is being used to pay -for these services - - Mayor Hayden noted_ there, are many vacant properties in the City as a result of businesses leaving_; however, the - property owner , still has the responsibility of maintaining his site. She suggested notifying property owners that need to be reminded to maintain their property. AUTHORIZE PUBLICATION OF NEWSPAPER AD iOR CHARTER MENDMENT LIMITING COUNCIL TERMS Council Member Boggs questioned the procedural rules governing this discussion, as this matter was tabled at a previous meeting and there was confusion as to whether it could be returned at this time. Mr. Thorson discussed the Brown Act and Roberts Rules of Order as they pertain to this matter and his opinion that this issue could be discussed. Council Member Boggs noted the confusion of re- addressing a tabled matter and Mr. Thorson advised the Council can adopt its own rules modeled after Roberts Rules of Order. Mayor Hayden noted there are many citizens interested in term limitations at government levels. She mentioned if the Council were to place this item on the agenda, it would be less costly than an initiative procedure conducted by concerned citizens. Council Member Cormack concurred, noting the public should make such a d ec is ion on -.the- bal f It was moved by Council Member Cormack, seconded by Council Member Riley, and carried by the following vote to authorize - publicatio - of•a newspaper ad regarding Carterndment limiting Council terms: - AYES: 3. COUNCIL MEMBERS: . Cormack, Rii ley, 'Hayden NOES: 2 COUNCIL MEMBERS: Boggs, Brazelton Council Minutes 6/23/92 -11- 95' J1) Prior to the foregoing vote, Mr. Joel Lubin, 7820 Allengrove St., commented that the current procedure of replacing or retaining a Council Member is effectively handled through the election process. Ms. Joyce Lawrence, 9627 Cheddar St., mentioned that four candidates running in the recent Council election had platforms of term limitations and three of them were defeated; thus the people have already spoken on t h i s matter. Mr. Harry Hem, 7923 6th St., spoke in favor of term limits at all a rr y P governmental levels, noting the need for fresh ideas. However, he stated he did not favor a ballot measure at this time as the City cannot afford an election. Mr. Lennie Whittington, 8542 Manatee St., voiced support of using the election process in allowing the public to limit Council Member terms and expressed his desire of considering the recommendation of the Charter Review Committee regarding the right of recall. Council Member Brazelton expressed concern with spending money for an election during such difficult times. If the people are dissatisfied, they can exercise their right during the election process. Council Member Riley mentioned her constituents expressed desire to see Council term limitations. Council Member Boggs opposed placing an item of this importance on the November presidential ballot. Council Member positions are not career opportunities that are highly paid, rather service given to the Community. OTHER BUSINESS: STAFF MEMBERS Mr. Caton expressed his appreciation to Council Member Co rmac k and Mayor Hayden for the opportunity given to him to serve as City Manager for Downey. ADJOURNMENT: 10:30 p.m. The meeting was adjourned to 7:00 p.m., June 30, 1992 for City Council Reorganizatiorr Meeting in the Council Chamber of the Downey City Hall. ,/ � dith E. Mc Donne , City Clerk : arbara drHayde fMayor Council Minutes 6/23/92 -12-