HomeMy WebLinkAboutMinutes-02-22-83-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 22, 1983
T A B L E O F M I N U T E A C T I O N S
SUBJECT ACTION
Res. #4200, Apprvg., Auth. & Directing
Execution of Installmt. Sale Agmt. & Office
Bldg. Sale Agmt. w/C & E Developers for
Purchase & Sale of Office Bldg., & Apprvg.
related documents Adopted
Res. #4201, Apprvg., Auth. & Directing
Execution of Agmt. f/Spec. Legal Services
w/Jones Hall Hill & White, Prof. Law Corp. Adopted
Appeal, C.U.P. #158, 7639 Firestone Bl. Denied
Res. #4202, Giving Public Apprvl. to
entering into Installmt. Sale Agmt. by
Comm. Dev. Comm. of City for providing
financing to C & E Developers Adopted
Removal of Items from Consent Calendar
Corres. from PUC re Cancellation of Hrg.
& removal of Rate Increase req. of So.
Calif. Gas Co. (Appl. #82-12-02) Filed
Res. #4203, Apprvg. Prgrm. Suppl. #9 & #10
to Downey/State Agmt. #07-5334 for Const.
of Street Imprvmts. re FAU Systems Act Adopted
SS Proj. #324/350, Imperial Hwy. Resurfacing
& Reconst. - Coldbrook to San Gabriel River
Bridge: Plans, specs & auth. to advertise
contingent upon auth. to adv. from Caltrans Approved
General Warrants #210708 - 210742
#309021 - 309337 Approved
Employee Organizations: Annual Recognition
for Meeting & Conferring Approved
Res. #4204, Apprvg. Final Subdivision Map
of Parcel Map #15203 (8405 Cole St.) Adopted
Res. #4205, Amending 1982-83 Manning Table
& Classification Plan Adopted
Council Minutes of February 8, 1983:
Proposed Addendum Denied
Minutes: Adjourned Reg. Mtg., January 27,
1983; & Reg. Mtg., February 8, 1983
SE Center for Independent Living & Senior
Citizen Drop -In -Center: Waive rental fee
for remainder of FY 1982-83
Dr. Gardner opposed rental charge imposed
on Senior Citizen Drop -In Center
Ken Miller responds to comments made at
Feb. 8th Council meeting re Hospital &
also comments re his investigation on
Street Ltq. Fund @ savings to taxpayer
Mr. Christiansen invited Council to visit
Committee on Aging on March 4th
Ord. #712, Amending Zoning Map adopted by
Sec. 9106.06 DMC, Zone Change Case #189
(14305-37 Lakewood & 8866 Rosecrans)
Approved
Delayed to next regular meeting
Adopted
PAGE NO.
1
1
2
2
3
3
3
3
3
3
3
3
3
3
4
4
4
4
4
Page 1 of 2
COUNCIL MINUTES, FEBRUARY 22, 1983
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT
ACTION
CC #495, Citywide Street Resurfacing: Auth.
transfer of funds from Telegraph Road
Resurfacing Proj. & award contract to
Vernon Paving
Approved
Revised 1982-83 Transit Budget
Adopted
Discussion re Dial -A -Ride Program
Independent Cities Risk Management Authority
Health Study
Received &
filed
Proposed conditions on Appeal, C.U.P.
Referred to
Planning Comm. for
#157, 8009 Imperial Hwy.
review & report on March 22, 1983
Sign Ordinance - Representatives of
merchants group
Tabled for
two weeks
Cn. Bob Davila censored for statement
during Sign Ord. discussion
Approved
Joint Fire Communications: Increase in
Equipment Budget for 1982-83
Approved
Zone Change Case #187, 9228 Elm Vista Dr.
Hearing set
for March 22, 1983
E.I.R. #83-1, 7200 Quill Dr.
Hearing set
for March 22, 1983
General Plan Amndmt. #83-1, 7200 Quill Dr.
Hearing set
for March 22, 1983
Zone Change Case #188, 7200 Quill Dr.
Hearing set
for March 22, 1983
Michelle McDonnell re status of Ultralight
On. Jackman cites need for cleaning &
general imprvmt. at vacant Boy's Market
on Paramount Bl.
Ch. Davila inquires re date set for
Validation proceedings
Cn. Davila inquires re status of United
Towing to correct code violations
City Manager to negotiate contract with
Towing people
Approved
Closed session re pending litigation
4
4
5
5
5
5
7
7
7
7
7
7
7
7
8
8
8
8
Page 2 of 2
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 22, 1983
The City Council of the City of Downey held a regular meeting at 7:30 p.m.,
February 22, 1983, 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: William F. Martin, City Manager Pro Tem
Carl K. Newton, City Attorney
Dudley Lang, Assistant City Manager
William A. Ralph, Director of Public Works
Don Davis, Fire Chief
Joseph Guthrie, Director of Police
James R. Jarrett, Director of Recreation
Francis E. Carter, City Planner
Harald J. Henriksen, City Engineer
Harry Payson, Building Official
Ronald E. Cano, Assistant to City Manager
Gordon Davis, Purchasing/Insurance Risk Manager
Ronald Yoshiki, Assistant City Planner
Robert L. Shand, City Clerk -Treasurer
Judy McDonnell, Executive Secretary
INVOCATION AND FLAG SALUTE
The Invocation was delivered by Reverend Michael E. Winstead, Downey United
Methodist Church. The Flag Salute was led by Councilman Cormack.
HEARINGS
Mayor Quinn opened the hearing on Tax Exempt Financing requested by C & E
Developers for property located at 8403 East Florence Avenue. He inquired if the
City Clerk had the Proof of Publication, and the response was yes.
It was moved by Councilman Jackman and so ordered to receive and file the Proof.
Mr. Lang reported on the project and proposed Resolutions for approval.
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 regarding the Tax Exempt Financing, it was
moved by Councilman Jackman and so ordered to close the hearing.
RESOLUTION NO. 4200
RESOLUTION APPROVING AND AUTHORIZING AND DIRECTING
EXECUTION OF INSTALLMENT SALE AGREEMENT AND OFFICE
BUILDING SALE AGREEMENT WITH C & E DEVELOPERS FOR
PURCHASE AND SALE OF OFFICE BUILDING, AND APPROVING
RELATED DOCUMENTS AND AUTHORIZING OFFICIAL ACTION
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. 4200.
RESOLUTION NO. 4201
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF
AGREEMENT FOR SPECIAL LEGAL COUNSEL SERVICES WITH
JONES HALL HILL & WHITE, A PROFESSIONAL LAW CORPORATION
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. 4201.
Council Minutes 2/22/83 -1-
q/,33
Mayor Quinn opened the hearing on Appeal to Conditional Use Permit No. 158,
7639 Firestone Boulevard. He inquired if the City Clerk had the Proof of Publi-
cation, and the response was yes.
It was moved by Councilman Jackman and so ordered to receive and file the
Proof.
Mr. Carter reported on the applicant's request for on -sale of beer and wine in
conjunction with the serving of meals in an existing restaurant. The applicant's
business is located in a commercial center on property developed with various commer-
cial uses. The surrounding properties are zoned C-1, C-4, and R1-5000.
Mayor Quinn inquired if the City Clerk had received any correspondence on this
matter, and the response was no.
Mayor Quinn then asked if anyone wished to speak in favor of the appeal.
Mr. Andrew Lambo, 1319 Master Place, Montebello, representing the applicant
Mr. Galluzo, questioned why the property owner's name appears on the application in-
stead of the applicant. He said Mr. Galluzo can adhere to the first five conditions
of the Commission's approval, but conditions 6 through 12 are conditions that only
the property owner can comply with, which pertain to landscaping.
Mr. Carter explained the application is always carried in the property owner's
name. When asked by Mr. Lembo why landscaping was not imposed as a condition to
the other establishments on the property who sell liquor, he said it would depend on
when they were approved --that some conditions are more recently imposed by the
Commission. Mr. Carter read Section 9166.14 of the Downey Municipal Code regarding
conditions of approval, which is used by the Commission to impose conditions.
Mr. Lambo pointed out the applicant's pizza business lacks the serving of beer
and wine. He then questioned imposing conditions on the applicant that only the
property owner can comply with.
Councilman Corm4ck asked if the property owner has refused to cooperate with
the improvements.
Mr. Lambo indicated the property owner has no desire to comply and said the
serving of beer and wine is necessary for Mr. Galluzo's pizza business.
There being no one present to speak in opposition, it was moved by Councilman
Jackman and so ordered to close the hearing.
Councilman Cormack questioned whether installing a six-inch high planter would
be costly and noted the Planning Commission was unanimous in requiring the improve-
ments. He said many times a property owner will share in a tenant's improvements
to the property.
Discussion followed regarding the conditions.
Mr. Lambo mentioned he recently developed a shopping center in Montebello, and
the cost for a planter with curbing and landscaping for 135 foot frontage was
$13,000. When asked if there was any cost estimate made for the conditions, he
indicated that for condition #10, he would do the work for $7,000-$8,000.
Councilman Barb inquired regarding the distance a business serving beer and
wine must be from residential property.
Mr. Carter replied 300 feet, and if it is less than that a conditional use
permit is needed. The back door of the subject property is approximately 20 feet
away from a residential zone.
It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by
the following vote to deny the appeal.
AYES: 3 Council Members: Cormack, Barb, Davila
NOES: 2 Council Members: Jackman, Quinn
RESOLUTION NO. 4202
A RESOLUTION GIVING PUBLIC APPROVAL TO THE ENTERING INTO
OF AN INSTALLMENT SALE AGREEMENT BY THE COMMUNITY DEVELOP-
MENT COMMISSION OF THE CITY OF DOWNEY FOR THE PURPOSE OF
PROVIDING FINANCING TO C & E DEVELOPERS
Council Minutes 2/22/83 -2-
7/3--1
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. 4202.
AYES: 4 Council Members. Cormack, Jackman, Barb, Davila
NOES: 1 Council Member: Quinn
REMOVAL OF ITEMS FROM CONSENT CALENDAR
Agenda Items VIII-A, Minutes of Adjourned Regular Meeting of January 27, 1983,
and Regular Meeting of February 8, 1983; and VIII-B-2, Correspondence from Southeast
Center for Independent Living, were removed from the Consent Calendar.
CONSENT CALENDAR
It was moved by Councilman Barb, seconded by Councilman Jackman, and passed
by the following vote to approve the Remainder of Consent Calendar:
Correspondence from Public Utilities Commission regarding Cancellation of
Hearing and removal of Rate Increase request of Southern California Gas Co.
(Application #82-12-02).
RESOLUTION NO. 4203
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING PROGRAM SUPPLEMENTS NO. 9 AND 10 TO THE CITY
OF DOWNEY/STATE AGREEMENT NO. 07-5334 FOR THE CONSTRUC-
TION OF STREET IMPROVEMENTS PURSUANT TO THE FEDERAL -AID
FOR URBAN SYSTEMS ACT
S.S. Project #324/350, Imperial Hi hway_Resurfacing and Reconstruction -
Coldbrook Avenue to San Gabriel River Bridge: Plans and specifications and
grant authority to advertise for bids contingent upon authority to advertise
from Caltrans (A/C #26-16186 and #26-16226).
General Warrants: #210708 - 210742; #309021 - 309337: $1,227,183.98.
Employee Organizations: Annual Recognition for Meeting and Conferring.
RESOLUTION NO. 4204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NUMBER
15203 (8405 COLE STREET)
RESOLUTION NO. 4205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE 1982-83 MANNING TABLE AND THE CLASSIFICATION PLAN
AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn
Councilman Davila inquired regarding the procedure for approving the proposed
Addendum to the Council Minutes of February 8 1983.
Questions were raised regarding the need for the addendum.
It was moved by Councilman Cormack to deny the addendum.
Councilman Davila indicated it was his request that the addendum be included
as part of the records of the Minutes.
The motion was seconded by Councilman Jackman and passed by the following vote:
AYES: 4 Council Members: Cormack, Jackman, Barb, Quinn
NOES: 1 Council Member: Davila
It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed
by the following vote to approve the Minutes of the Adjourned Regular Meeting of
January 27, 1983; and Regular Meeting of February 8. 1983.
AYES: 4 Council Members: Cormack, Jackman, Barb, Quinn
NOES: 1 Council Member: Davila
Council Minutes 2/22/83 -3-
7135
It was moved by Councilman Davila and seconded by Mayor Quinn to waive the
rental fee for the remainder of the Fiscal Year 1982-83 for Southeast Center for
Independent Living and the Senior Citizen Drop -In Center.
Mayor Quinn said he visited the Senior Citizen Drop -In Center several times
the past week and that the people are quite elderly. He does not see how they can
come up with some way of paying the rental. They pay a 25G drop -in fee, which goes
for coffee and donuts.
Councilman Cormack mentioned staff was recently asked to come up with a plan
on how to handle the rent and expenses for the facility, and he feels this should
be sent back to staff to come back with another plan on handling the problem.
It was then moved by Councilman Cormack to amend the motion by delaying action
on this until the next regular meeting.
Mayor Quinn indicated he would second the motion to come up with a different
plan, but that he would like the Council to pass the motion to approve waiving the
fee for SECIL.
Discussion followed.
The amended motion was seconded by Councilman Barb and passed by the following
vote:
AYES: 3 Council Members: Cormack, Jackman, Barb
NOES: 2 Council Members: Davila, Quinn
ORAL COMMUNICATIONS - Items not on Agenda
Dr. George Leon Gardner, representing the Downey Committee on Aging, expressed
opposition to the rental charge imposed on the Senior Citizen Drop -In Center.
Mr. Ken Miller, 7336 Cleargrove Drive, requested an opportunity to respond to
remarks made at the last Council Meeting during consideration of the Downey Community
Hospital Lease. He was informed he could address the Council but not to refer to
anyone by name. Mr. Miller then spoke in response to statements made at the last
meeting. He does not feel the Council Members understand the ramifications of the
terms of the Lease because there are not sufficient safeguards in the Lease Agreement to allow proper supervision by the Council. He also cited the outcome of his investi-
gation concerning the Street Lighting Fund, which he said resulted in $168,000
savings to the taxpayers.
Mr. Jack Christiansen, residing in Huntington Park and Chairman of the Downey
Committee on Aging, invited the Council to a visit on March 4th to see what the
senior citizens are doing.
ORDINANCES
ORDINANCE NO. 712
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. 611)
ZONE CHANGE CASE NO. 189
(14305-14323-14337 Lakewood Boulevard & 8866 Rosecrans Avenue)
The Ordinance was read by title only. It was moved by Councilman Barb,
seconded by Councilman Jackman, and passed by unanimous vote to waive further readi-
ing and to adopt Ordinance No. 712.
RESOLUTIONS. None
CASH CONTRACTS
It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed
by unanimous vote to authorize transfer of available funds in the amount of $14,000
from the Telegraph Road Resurfacing Project (A/C #21-13979) to Account #21-13981,
for use on Cash Contract #495 Citywide Street Resurfacing, and award a unit price
contract totaling $92,110 to Vernon Paving.
MISCELLANEOUS ACTIONS
It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed
by unanimous vote to adopt the revised 1982-83 Transit Budget.
Council Minutes 2/22/83 -4-
7136
Councilman Barb inquired regarding the new schedule for the dial -a -ride and
whether it is operating seven days a week.
Mr. Jarrett replied it is currently operating five days a week, Monday through
Friday, from 8:00 to 5:00. However, he said, it is operated on some evenings. As
soon as a new fulltime driver is hired, weekend service will begin. Two new vans
will be ordered. The weekend service will be a demand -response type program, tak-
ing place probably in late May.
Councilman Barb mentioned that three or four months ago the Council approved
additional funds for the express purpose of expanding the hours of dial -a -ride to
include weekends. He asked that this be done in the next 30 days, and if it is
not, then there is no reason to purchase the new buses. Councilman Barb also men-
tioned the Council discussed the fact that no new vehicles would be purchased until
an overall master plan for future transit in Downey is completed.
Mr. Jarrett said the first two vehicles were purchased with State grant funds.
The two additional buses would be purchased from Proposation A Funds. The 4.5
Funding will not be available in the future. Mr. Jarrett further explained one bus
will be an 18-passenger bus and the other will be a para-transit for handicapped.
He responded to further questions regarding the dial -a -ride program and a City-wide
transit system.
The Independent Cities Risk Management Authority Health Study was received and
filed.
Mr. Carter explained the Proposed Conditions on Appeal to Conditional Use
Permit No. 157, 8009 Imperial Highway, have been submitted per Council instruction
last meeting. He said the conditions have not been discussed with the applicant.
Councilman Jackman concurred with conditions 4, 5 and 7 in that the approval
is given only to the applicant and cannot be transferred to another owner or renter
of the property.
Councilman Barb feels the Council should uphold decision of the Planning Commis-
sion, who reviewed and studied this matter before making its unanimous decision.
Councilman Davila indicated these conditions were not submitted to the Planning
Commission. He also expressed concern the applicant has not reviewed the conditions.
Mr. Altamirano, the applicant, was given a copy of the proposed conditions for
his review.
The proposed conditions were then referred to the Planning Commission for
review and report to the Council at its meeting of March 22, 1983.
Request of Downey Merchants Group to address Council re Sign Ordinance
Mr. Robert C. Fortune, Law Offices at 12139 Paramount Boulevard, Downey, and
owner of Holiday Photo, 12145 Paramount Boulevard, Downey, said he has been
retained by the Downey merchants group committee to oppose the City's Sign Ordinance,
Section 9148 of the Downey Municipal Code. He said the merchants group represents
2600 local business operators, and in addition 7315 employees, operators, residents
and consumers presently working or doing business in the City. Mr. Fortune pre-
sented a petition to the City Council containing 7315 signatures. He said the
problems the businesses have with the Sign Ordinance is that it is too restrictive
and in many ways unconstitutional in denying First Amendment rights of allowing them
to advertise their products. Mr. Fortune requested the Council to "stay" the en-
forcement of the Ordinance until such time as a new ordinance can be drafted that
would treat the businesses fairly, or wait until action on pending legislation in
Sacramento. He said the merchants group committee started February 1st and has
retained Mr. Robert Keenan of the Sign Users Council of California.
Mr. Bob Keenan, Administrative and Legislative Director of the Sign Users
Council of California, 747 East Green Street, Pasadena, read into the record the
title of the petition, which requests a moratorium on all enforcement proceedings
against legal non -conforming signs in Downey. It further requests a representative
committee be established to review the Downey Municipal Code, Section 9148 - Signs.
It is believed the Sign Ordinance is too restrictive, subjective and discriminatory,
and to force compliance at this time has caused and will continue to cause economic
hardships and in some cases disaster to local businesses and to the community as a
whole. Mr. Keenan said the Sign Users Council does not disagree with the City's
right to control signage, but it does disagree with the City's enforcement of the
abatement clauses. The rest of the Ordinance stands, but the signs put up legally
Council Minutes 2/22/83 -5-
7/3?
under the old law have the right to equal life, and it is requested those signs be
protected. He suggested a representative committee be appointed to review the
Ordinance and make amendments or modifications for a new ordinance based on the
committee's input. The Sign Users Council offers its support either as a member
of the committee or as a consultant to work with the City to draft a sign code.
Mr. Fortune said the committee would like any signs erected prior to November
6, 1978, to be exempted from any law, and any legally erected sign after 1978 to
also be excluded from the law. He said they are following the guidelines set forth
in Senate Bill 142 introduced January 12, 1983, by Senator Ellis.
Councilman Jackman commented on the number of untold hours spent by the City
Council in 1978 discussing and reviewing the Sign Ordinance, which involved the
business people and the Chamber of Commerce. -
Discussion followed.
Mayor Quinn requested Mr. Fortune to have the merchants committee prepare some
suggestions or recommendations on the Ordinance and submit them to the City Council
and the Planning Commission.
Councilman Davila indicated he does not know what happened in 1978 because
he was not on the City Council, but that if the Council pushed the Ordinance through
as fast as the Hospital Ordinance, then he feels people have a right to complain.
Councilman Cormack feels Councilman Davila should be censored by the Council
for making an "asinine statement."
It was moved by Mayor Quinn and seconded by Councilman Davila to approve a
30-day moratorium on Sign Ordinance enforcement. (Motion and second later withdrawn.)
Mr. Fortune requested the time period be left open.
Gloria Reed, owner of Country Butcher Shop at 12161 Paramount Boulevard, stated
her belief the Sign Ordinance is necessary but that it is too restrictive, confusing
and disciminating. She mentioned that since they have removed signs from their
building, per instructions of the City's Code Enforcement Officer, their business
has dropped from $2,000-$4,000 a week. They have since installed six sale signs
back on the front of the building and did $1300 more business than the year before. —
Ms. Reed cited the difficulty her store has in competing with large market chains
who have sale signs across the front of their buildings. She requested considera-
tion of the moratorium.
Wanda Brady of Downey Florist, 12641 Lakewood Boulevard, mentioned her business
was relocated through redevelopment to a new location, and she has only been able to
have one sign on the front of her new store. She cited the importance of signing as
a means of identifying a business, its product and its location.
Rose Metcalf of Raphael Coiffures, 12252 Paramount Boulevard, commented on the
signing placed on her windows as a means of identifying her business and its tele-
phone number. She has been told she cannot have the sign. Ms. Metcalf mentioned
coming to City Hall and seeing the signs identifying each office.
Mr. Dick Flutz of McDonald's Restaurant on Paramount Boulevard said his son owns
and operates the new McDonald's on Lakewood and Gallatin. He mentioned that when
acquiring a McDonald's franchise the most valuable asset is being able to show the
company logo and name to the public. He has been asked to remove his window sign.
Mr. Jim Reynolds, 11333 Cecilia Street, owner of Reynolds' Carpet and Upholstery
Cleaning on Paramount Boulevard, said as President of the Downey Chamber of Commerce,
he has received numerous complaints concerning the existing Sign Ordinance and its
enforcement. He pointed out that complaints concern the inability to identify a
business rather than a desire for signing. As a result of these concerns, the
Chamber Board of Directors has created an ad hoc committee, and a letter dated
December 10, 1982, was presented to the Mayor and City Manager Pro Tem expressing
concerns of the business community. No response from the City has been received.
Mr. Reynolds indicated that at the request of the City, the Chamber has lodged a
more intensive program to promote local buying. He said with City Council assistance,
the Sign Ordinance Ordinance situation can be solved, and he admitted that when the
Ordinance was first put into effect that the turn -out of local businesses was low,
which he does not feel will occur in the future. He requested an immediate mora-
torium on Sign Ordinance enforcement until such time as a review committee can be
formed and the Ordinance made more equitable to all concerned. The Chamber of
Commerce will assist in any way possible in the formation or participation of a
committee as directed by the Council.
Council Minutes 2/22/83 -6-
The motion and second to approve a 30-day moratorium were withdrawn.
It was then moved by Mayor Quinn and seconded by Councilman Davila to approve a
90-day moratorium on Sign Ordinance enforcement.
It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by
the following vote to table this matter for two weeks.
AYES: 3 Council Members: Cormack, Jackman, Barb
NOES: 2 Council Members: Davila, Quinn
Mayor Quinn requested Mr. Fortune to have the merchants committee bring back
specific changes they feel need to be made to the Sign Ordinance.
Mayor Quinn then declared a recess from 10:04 p.m. to 10:14 p.m. The meeting
resumed with all Council Members present.
It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed
by the following vote that the Council publicly censor Councilman Bob Davila for
his statement tonight.
Councilman Barb concurred with the motion only because he thinks the Council
needs to operate in a better way in the future.
Councilman Davila indicated that while he does not always feel the same way as
the other Council Members and may speak out, he will apologize for it.
AYES: 4 Council Members: Cormack, Jackman, Barb, Quinn
NOES: 1 Council Member: Davila
It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed
by unanimous vote to approve a request for an increase of $16,000 to the 1982-83
Equipment Budget to be funded from the Equipment Fund Unappropriated Fund Balance
and put in Account #62-4-2610.0970 for Joint Fire Communications. The contract
cities (Santa Fe Springs, Montebello, Lynwood and Compton) would be billed in the
first quarter joint communications billing ($10,960) with the funds credited to
Account #62-3-7540.
It was moved by Councilman Jackman, seconded by Councilman Barb, and so
ordered to set a hearing on Zone Change Case No. 187, 9228 Elm Vista Drive, for
7:30 p.m., March 22, 1983, in the Council Chamber of the Downey City Hall.
It was moved by Councilman Jackman, seconded by Councilman Barb, and so
ordered to set a hearing on Environmental Impact Report No. 83-1 7200 Quill Drive,
for 7:30 p.m., March 22, 1983, in the Council Chamber of the Downey City Hall.
It was moved by Councilman Jackman, seconded by Councilman Barb, and so
ordered to set a hearing on General Plan Amendment No. 83-1 7200 Quill Drive, for
7:30 p.m., March 22, 1983, in the Council Chamber of the Downey City Hall.
It was moved by Councilman Jackman, seconded by Councilman Barb, and so
ordered to set a hearing on Zone Change Case No. 188, 7200 Quill Drive, for 7:30
p.m., March 22, 1983, in the Council Chamber of the Downey City Hall.
CITY MANAGER'S REPORT: None
STAFF REPORTS: None
ORAL COMMUNICATIONS - Audience
Michelle McDonnell, 8518 Manatee Street, inquired regarding status of the
Ultralight Program.
Mr. Martin replied the City is happy with the way the Ultralight is performing.
The first hour it was in the air it helped apprehend a burglar. Hopefully, the pre-
sence of the Ultralight will deter and prevent crime in the City. Next year's
budget will include $6.00 an hour for the Ultralight; it is a cost effective method
of aerial observation.
ORAL COMMUNICATIONS - City Council
Councilman Jackman referred to the vacant Boy's Market site on Paramount Boule-
vard, which he said needs cleaning and general improvement.
Council Minutes 2/22/83 -7-
1713 4
Councilman Davila asked the City Attorney of the date set for Validation
Proceedings.
Mr. Newton replied the action is proposed to be filed in Los Angeles Superior
Court, Central District, on March llth, subsequent to the 30-day period. There-
after, the City will be required to publish the summons as the Code requires, and
a period of time must be allowed to answer following publication of the summons.
Councilman Davila mentioned a letter was sent to United Towing to correct
certain Code violations by February loth, which they have not done. He asked what
steps are being taken on this matter.
Mr. Rayson replied in this case, a second letter will be sent out giving them
ten days to comply, and if they do not it will be turned over to the City Prosecutor:
Mr. Gene Moore of United Towing, 11530 Ryerson, said he has the letter and did
respond regarding the things he could do. He indicated his hands are tied to a cer-
tain extent because he leases the property, and yet he is required to install
sidewalks and street lights. Mr. Moore indicated he is making attempts to comply --
the fence inserts have been put in, the paving has been started, but he does not
feel he should have to comply with all of the requirements.
Noting the City is operting without a towing contract, it was moved by Mayor
Quinn, seconded by Councilman Jackman, and passed by the following vote that the
City Manager negotiate a contract with the towing people.
Councilman Davila asked if the City Attorney has verified specifications of
the contract, and he was informed yes.
It was then moved by Councilman Davila to table this matter until the City
Council has seen the specifications. The motion died for lack of a second.
When asked about staff's recommendation, Mr. Martin explained that City opera-
tions were satisfied with the former service, pointing out there were two providers
who split the City and the work, and each provided backup for the other. He said
this would be a matter of deciding how involved the City wants to be in a revenue
generating situation, and if staff negotiated a contract, it might be possible to
negotiate with one or more firms who would still be willing to pay a franchise fee.
Mayor Quinn indicated he was happy with the way the towing was working before,
and he would like to see the City Manager negotiate a contract.
Councilman Davila asked that he be given a copy of the specifications to review.
Mr. Davis mentioned at this point all that has been developed is the previous
specifications with some revisions.
Mr. Martin indicated that if the Council desires, staff will meet and negotiate
with each of the towing companies who provide service in the City and then make
recommendation back to the Council to enter into an agreement with one or more of
the parties.
AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn
CLOSED SESSION
Mayor Quinn recessed the meeting to a closed session from 10:40 p.m. to 11:02
p.m. to discuss pending litigation. The meeting resumed with all Council Members
present.
ADJOURNMENT: 11:02 p.m.
Robert L. S d, ty Clerk -Treasurer ames T.
Quinn, Mayor
Council Minutes 2/22/83 -8-