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HomeMy WebLinkAboutMinutes-03-08-83-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 8, 1983 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Proclamation, Campfire Birthday Week Presentation of Cert. of Professional Engineer to Richard Redmayne Ord. amending DMC re Permitted Uses in the C-P (Professional Office) Zone Introduced Ord. amending DMC re Automobile Turning Radius (Chapter 1, Art. IX) Introduced Ord. amending DMC re Prohibited Parking Areas (Chapter 1, Sec. IX) Introduced Minutes: Reg. Mtg., February 22, 1983 Approved Corres. re conditions at Rio San Gab. Park Filed Rejection of Legal Claim: Ref. #584 Approved General Warrants: #210743 - 210770 #309338 - 309596 Approved 7633 Pivot St., Burns St. Frontage: Req. for rear yard access for use by RV storage only, subj. to requirements Approved Keep Downey Beautiful Comm. Apptmt. of Gary McCaughan as Chairperson Approved Res. #4206, Apprvg. Final Subdiv. Map of Parcel Map #15122 Apprvg. Agmt. with Subdivider & Accept Letter of Credit in Lieu of Surety Bonds Adopted Linda Lucas: Req. payment for inst. of sidewalks & wheelchair ramp Referred to staff David Ray req. interpretation of City Atty. of Elections Code Sec. 5352 re Referendum Petition liable Toller req. copy of Hospital Lease Don Kiser comments re Sign Code Res. denying Appeal to C.U.P. #158 & Confirming Apprvg. of said C.U.P. in accord w/Planning Comm. Res. #.612 SS Proj. #354 (FAU), Downey Av. & Alameda St. - Traffic Signal Imprvmts.: Award to Vince's Electric of Pacoima subj. to approval of State & Fed. Hwy. Adm. CC #482, Apollo Park Ballfield Ltg. Conversion: Award to MK Constructors CC #496, Misc. Repairs: Award to Sully -Miller & add quantities CC #499, Apollo Park Baseball Backstop: Award to Golden West Fence Co. contingent on apprvl. of award by HUD Extension granted to meeting of April 12, 1983 Approved Approved Approved Approved PAGE NO. 1 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 T Page 1 of 2 COUNCIL MINUTES MARCH 8, 1983 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: CC #457, Golden Park Community Bldg. Change Orders 1 & 2 & auth. staff to issue change orders for application of anti - graffiti coating & inst. roof ladder Approved Sign Ordinance: Approve moratorium for 6-mo. or less Failed Lease Policy - Apollo Neighborhood Service Center: Senior citizens, Committee on Aging, SE Center for Independent Living & Historical Society be exempt from paying rent for balance of FY & discuss at Budget time Approved Transfer funds for Verification of Voter Signatures on Possible Referendum Petition: City Clerk to verify signatures & hire some temporary help to do the job Approved 1983 Lot Cleaning Program: Order work to be performed in accord w/City Ord. & State Law & assess work of City's actual cost up to $100 Approved Appeal, Zone Variance #249, 7440 Firestone Hearing set for April 12, 1983 Contract for Fire Protection Engineer: One-year renewal Approved Bergman Lane - Street & Sewer Improvement: Auth. continuation of Assmt. Dist. proceedgs. & allow people to develop street & amortize to maximum legal time; & auth. hiring of legal counsel Approved Development of Swimming Pool & Community Center Complex: Proceed w/formal negotia- tions w/DUSD & refer any negotiated agmts. to Recreation Comm. for review & recommendation Approved Proposed use of General Revenue Sharing Funds for FY 1983-84 Hearing set for April 12, 1983 Res. #4207, Req. PERS to extend Funding Period for Current Service, Death Benefits & 1959 Survivor Benefit Actuarial Liabilities for City of Downey Adopted Maintenance of Parkway Trees: Discuss during Budget hearings Approved Cn. Davila req. report re three missing Council tape recorders Referred to City Mgr. f/report Ernest Cruz re Sign Ord. Cn. Davila req. status on compliance of Code by United -Towing Assembly Bill 87 re Compulsory Arbitratn for Police Officers Closed session re personnel & litigation Settlement of Yvonne Davies Claim City Manager will prepare letter stating Council's opposition Approved PAGE NO. 4 4 6 7 8 8 8 9 9 9 9 10 10 10 10 10 10 10 Page 2 of 2 �7i-�lo MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 8, 1983 The City Council of the City of Downey held a regular meeting at 7:30 p.m., March 8, 1983, in the Council Chamber of the Downey City Hall, Mayor James T. Quinn presiding. Following the roll call, Mayor Quinn recessed the meeting to be resumed at the Downey Community Theatre. 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 Rayson, Building Official Ronald Yoshiki, Assistant City Planner 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 Joe Grana, First Christian Church. The Flag Salute was led by Campfire Girls "Hello Kiddie Bluebirds." PRESENTATIONS Mayor Quinn presented a Proclamation to the Campfire Girls declaring the week of March 13-19 as Campfire Birthday Week. Mayor Quinn presented a Certificate as Professional Engineer to Mr. Richard Redmayne. HEARINGS Mayor Quinn opened the hearing on Amendment 9120.04 which relates to Permitted Uses in the C- Proof. City Clerk had of Publication, ipal Code Section Office) Zone. He response was yes. It was moved by Councilman Jackman and so ordered to receive and file the Mr. Carter explained the proposed amendment is to insert the addition of an employment agency and travel agency as permitted uses in the C-P zone. 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 in favor or in opposition, it was moved by Councilman Jackman and seconded by Councilman Barb to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTION 9120.04 WHICH RELATES TO PERMITTED USES IN THE C-P (PROFESSIONAL OFFICE) ZONE The Ordinance was read by title only. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by unanimous vote to waive further reading and to introduce the Ordinance. Council Minutes 3/8/83 -1- 1/4 Mayor Quinn opened the hearing on Amendment to Downey Municipal Code concern- ing Design Standards for Parking Areas. 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. Carter explained the proposed amendment is to correct an omission in a pre- vious amendment which inadvertently deleted the dimensions for parallel parking spaces. This hearing is required to amend that omission and add the description of parallel parking and modification for turning radius. Mayor Quinn inquired if the City Clerk had received any correspondence, and the response was no. There being no one present to speak in favor or in opposition, it was moved by Councilman Jackman and seconded by Councilman Cormack to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTION 9150.18 (a) (2) WHICH RELATES TO AUTOMOBILE TURNING RADIUS (CHAPTER 1, ARTICLE IX) The Ordinance was read by title only. It was moved by Councilman Jackman, seconded by Councilman Davila, and passed by unanimous vote to waive further reading and to introduce the Ordinance. Mayor Quinn opened the hearing on Amendment to Downey Municipal Code regarding Circular Driveways. 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. Carter explained the proposed amendment is to correct an error of omission in the publication of a recent ordinance amendment, in which reference to circular driveways was deleted. Without this amendment, circular driveways would not be per- mitted on residential properties. Mayor Quinn inquired if the City Clerk had received any correspondence, and the the response was no. There being no one present to speak in favor or in opposition, it was moved by Councilman Jackman, seconded by Councilman Davila, and so ordered to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTION 9150.20 WHICH RELATES TO PROHIBITED PARKING AREAS (CHAPTER 1, SECTION IX) The Ordinance was read by title only. It was moved by Councilman Jackman, seconded by Councilman Davila, and passed by unanimous vote to waive further reading and to introduce the Ordinance. CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Jackman, and passed by the following vote to approve the Consent Calendar: Minutes: Regular Meeting of February 22 1983. Correspondence from Senior Citizen Participants (42 signatures) regarding conditions at Rio San Gabriel Park. Rejection of Legal Claim: Ref. #584, Leslie and Suzanne Roberts. General Warrants: #210743 - 210770; #309338 - 309596: $768 628.14. 7633 Pivot Street, Burns Street Frontage: Approve request for rear yard access on Burns Avenue for use by recreational vehicle storage only, subject to requirements. Council Minutes 3/8/83 -2- �7iy Keep Downey Beautiful Committee: Appointment of Dr. Gary McCaughan as Chairperson. RESOLUTION NO. 4206 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NUMBER 15122 APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTANCE OF A LETTER OF CREDIT IN LIEU OF SURETY BONDS AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn ORAL COMMUNICATIONS - Items not on Agenda Ms. Linda Lucas, 7192 Luxor Street, commented regarding the process she went through to have sidewalks and a wheelchair ramp installed in front of her property, which cost her $1525, and that the City has only reimbursed her in the amount of $500. She was informed by Mayor Quinn that this would be referred to staff. Mr. David Ray, 7338 Nada, representing Concerned Citizens to save the Downey Community Hospital, said the Hospital is sending letters to all registered voters in the City asking them to strike their signature from the referendum petition being circulated. He requested an interpretation of the City Attorney regarding the last sentence of Section 5352 0£ the Elections Code. It was noted the sentence referred to reads, "This request shall be filed in the Clerk's office prior to the date the petition is filed." Mr. Newton replied he has not researched the code section nor the annotations or cases which may have interpreted it, and he cannot give an interpretation without having done so. He said he will have an opportunity to review this and should have an answer by 2.00 p.m. tomorrow afternoon. Mable Toller, 8708 Sth Street, indicated she would like a copy of the Hospital Lease sent to her. Also, she does not feel the City's money should be spent for stationery and postage to hurt the effectiveness of a legal petition. Mr. Don Kiser of Don Kiser Photography Studio, 8735 Firestone Boulevard, questioned the need for a code enforcement officer to enforce the City's Sign Code and suggested the money used for this position should be used in other directions. ORDINANCES: None RESOLUTIONS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING AN APPEAL TO CONDITIONAL USE PERMIT NO. 158, AND CONFIRMING APPROVAL OF SAID CONDITIONAL USE PERMIT IN ACCORDANCE WITH PLANNING COMMISSION RESOLUTION NO. 612 It was noted the applicant has requested an extension of the action on this matter. It was moved by Councilman Cormack, seconded by Councilman Barb, and passed by unanimous vote to grant an extension to the meeting of April 12, 1983. CASH CONTRACTS It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by unanimous vote to award a contract in the lump sum amount of $32,531 to Vince's Electric of Pacoima for improvements contemplated under S.S. Project #354 (FAU), Downey Avenue and Alameda Street - Traffic Signal Improvements, subject to approval of the State and Federal Highway Administration. It was moved by Councilman Jackman, seconded by Councilman Davila, and passed by unanimous vote that since adequate funds are available and have been budgeted from S.B. 174 Urban Open Space Grant Funds and Matching Revenue Sharing Funds, to approve a lump sum contract totaling $8,985 be awarded to MK Constructors on Cash Contract #482 - Apollo Park Ballfield Lightinq Conversion (A/C #21-17144 & 27-17144). It was moved by Councilman Jackman, seconded by Councilman Davila, and passed by unanimous vote to award a unit price contract totaling $18,999 to Sully -Miller Contracting Company on Cash Contract #496, Miscellaneous Repairs, and authorize staff to add additional quantities in the amount of $1,000 (A/C #21-13982). Council Minutes 3/8/83 -3- 7/y3 It was moved by Councilman Jackman, seconded by Councilman Davila, and passed by unanimous vote that since adequate Housing and Community Development Block Grant Funds have been budgeted for the project, to award a unit price contract totaling $13,987 to Golden West Fence Co., Inc., on Cash Contract #499, Apollo Park Baseball Backstop, contingent on approval of the award by the Department of Housing and Urban Development (A/C #28-17147). It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by unanimous vote to approve Change Orders No. 1 and 2 on Cash Contract #457, Golden Park Community Building Chane Orders (A/C #21-17137 & 27-17137), and authorize staff to issue change orders for the application of the anti -graffiti coating and the installation of a roof access ladder. MISCELLANEOUS ACTIONS Mr. Robert J. Keenan, representing the Sign Users Council of California, 747 East Green Street, Pasadena, said specific points of complaints regarding the City's Sign Ordinance have been submitted as requested by the Council. The Sign Users Council believes the City's Sign Code needs review and rewriting in order for it to be made more uniform, understandable, noncontroversible, noncontradictory, clear, concise and enforceable in the courts. The Sign Users Council believes the City should do an economic impact report to determine the economic impact continued enforcement would have on businesses, the community, and the City's budget. He submitted to the City Clerk 1308 additional signatures, bringing the total to 8,623 signatures on a petition for a moratorium and an ordinance review committee. Gloria Reed, owner of Country Butcher Shop, 12161 Paramount Boulevard, said as representative of the Downey merchants' group, she is once again asking the Council to pass a moratorium on the Sign Ordinance so that the group may sit down with the Planning Commission, the City's enforcement officer, and staff to review the ordinance and make beneficial changes to be submitted to the Council for considera- tion They agree a sign ordinance is needed and beneficial to the beautification of the City. Ms. Reed said the Sign Users Council has submitted a critique of the City's Sign Ordinance, but it is not expected that all of the points listed should be revised. Mr. Frank Monteleone, President of the Downey Board of Realtors, stated the Board of Realtors unanimously went on record in support of a six-month moratorium. Mr. Jim Reynolds, 13333 Cecilia Street, owner of a business and President of the Downey Chamber of Commerce, expressed Chamber of Commerce support of the Downey merchants' group and Board of Realtors regarding a moratorium and study session on the Sign Ordinance so this matter can be resolved. It was moved by Councilman Davila and seconded by Mayor Quinn to approve a six-month moratorium on enforcement of the Sign Ordinance and refer this matter to staff and the Planning Commission to study the proposal for amendment to the Sign Ordinance. Mr. William Goggin, former Downey City Planner, mentioned that when the Sign Ordinance was first considered, it was discussed and reviewed with representatives of the Sign Users Council, and they did come to a solution, a good compromise. He pointed out the Sign Users Council is attempting to change the Ordinance and many standards which create other problems that have not been considered. However, it was known when adopted that the Ordinance was not perfect and there would be changes. He asked the Council to not consider the Sign Users Council, but to con- sider the Downey business people. Mr. William L. Greene commented on his term as City Council member and also as a Planning Commissioner, during which time the Sign Ordinance was reviewed. He questioned the effect a six-month moratorium would have and how it would affect people who have already complied with the Ordinance. Mr. Greene cited improvements that have occurred in the City because of the Sign Ordinance, and he volunteered his services in the future if the Sign Ordinance is considered again. Jan Tannehill, 11919 Pomering Road, spoke as a concerned citizen and concurred with spending the time to further review the Sign Ordinance. Mr. Samuel Tyrus, 9217 Stamps Avenue, associated with Net Electronics, expressed concern regarding the lack of coordination and cooperation between redevelopment activities and certain sections of the Sign Ordinance. He said that on Firestone between Downey and Paramount, most businesses have rear parking lots. The Sign Ordinance will not permit businesses to have signing saying there is park- ing to the rear, nor can there be signing in the parking lot telling people of the Council Minutes 3/8/83 -4- 7/ yZI businesses fronting on Firestone. He suggested extending the amount of permanent window signs to 20 percent of the window area, which would permit the business owner to inform the public about his goods and services, as well as parking. Councilman Barb commented on a report regarding Sign Ordinance enforcement on the number of citations issued since October lst, pointing out that 96 percent of the citations were pertaining to the types of signing, the way it is used, or the way it has been applied to a particular building. He said there appears to be con- fusion on how to use sign square footage on a particular building or location. Councilman Barb indicated he has had calls and letters from people feeling opposite than those present this evening. He does agree there are areas that should be looked into, but that it can be done much quicker than six months and, therefore, he cannot support a six-month moratorium. Councilman Jackman said he was on the Council when the Sign Ordinance was written, and he knows how much time was put into it and how many businessmen and how many hours the Chamber of Commerce contributed toward the Sign Ordinance. There were public hearings held in an attempt to make the Ordinance one that would be liveable and give plenty of time for an abatement period. He cited the goal to make Downey a beautiful city, noting the clutter of signs does not add to the City's beauty. Councilman Jackman said it will be difficult to rewrite an ordinance to suit each person individually. He cannot support a six-month moratorium. Mr. Newton suggested an alternative to the six-month moratorium would be to invoke a moratorium for six months or such lesser time as an amendment to the Sign Ordinance is adopted. It was moved by Councilman Davila to amend the motion to approve the moratorium for six months or less. Mr. Jim Santangelo, 8434 Lexington Road, said when the Ordinance was considered the Chamber of Commerce made many recommendations, some of which were accepted by the City Council. It is requested the Council approve the moratorium. Councilman Barb suggested possibly staff can meet with the merchants' group to delineate certain areas of concern and then come back to the Council with a pre- liminary report on the areas being studied so that any moratorium can be adjusted to cover those specific areas. Mayor Quinn seconded the amended motion. Mr. Carter indicated that to meet with the groups and discuss the particular sections of concern and then meet with the Commission on those sections and report back to the Council would take at least three -to -four months, excluding any public hearings or amendments. Roll call vote on the amended motion: AYES: 2 Council Members: Davila, Quinn NOES: 3 Council Members: Cormack, Jackman, Barb Failed. Roll call vote on the original motion: AYES: 2 Council Members: Davila, Quinn NOES: 3 Council Members: Cormack, Jackman, Barb Failed. Councilman Cormack feels it is important to have an ongoing study of the Sign Ordinance, but that it does not warrant tearing the Ordinance apart. Mr. Goggin suggested rather than having a group representing the people, that the individual people who have problems spell them out in writing or communicate with the Planning Division so it will be known exactly what their problems are. He referred to the letter from the Sign Users Council suggesting revision in the maintenance clause of the Ordinance, and he pointed out this section is in the exact wording proposed by the Sign Users Council in the original Ordinance. Mr. Howard Wolfe, 9921 Parrot, realtor and manager of a business shopping center, said a person can have a sign on the glass window but cannot put his name there, and he feels this is very important. He was asked to communicate this to City staff. Council Minutes 3/8/83 -5- Mayor Quinn declared a recess from 9:04 p.m. to 9:16 p.m. The meeting resumed with all Council Members present. Lease Policy - Apollo Neighborhood Service Center It was moved by Councilman Davila and seconded by Mayor Quinn to take this matter under submission for further study. Councilman Davila disagreed with the alternatives contained in the staff report and indicated he would like this to be referred to staff for further study. He also wants to make an additional motion to exempt four groups from the rental fee for the rest of the fiscal year. The motion and second were withdrawn. It was moved by Mayor Quinn that the senior citizens, Committee on Aging, Southeast Center for Independent Living, and Historical Society be exempt from pay- ing rent at the Apollo Neighborhood Center. (See amendment to motion.) Loretta Sullinger, 7238 Irwingrove, requested a vote in favor of the senior citizens. Mr. Bert Yungmann of Hacienda Heights, Director for the Southeast Center for Independent Living, mentioned 25-30 percent of the people they serve are from the City of Downey. He requested their lease fees be waived for the last four months of the fiscal year. May Van Houghten, 8538 Clete Street, representing the Downey Art League, men- tioned their pictures are on display in various hospitals, City Hall, and at the Library. They are a nonprofit organization and request all of the organizations at Apollo Center have rent free space. Ella Mae Fallon, 10505 Arrington, Treasurer for the Downey Committee on Aging, requested the Council to help the seniors, which she feels should be top priority. Elizabeth Wissler, 10731 Haledon Avenue, complimented the senior citizens on the work they are doing, including support of Meals on Wheels. She favored waiving the rental fee for the senior citizens. Carol Knight, 3339 Cherokee, South Gate, President of the Board of Directors for Southeast Center for Independent Living, requested any help the Council can give to the Center with regard to the rental fee. Linda Lucas, 7192 Luxor, mentioned she is disabled and commented on her assist- ance to others during the cheese distribution program. She said there are wheelchair ramps in the City of Cerritos and requested payment from the City for her paving. The motion was seconded by Councilman Davila. It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by the following vote to amend the motion that it be for the balance of the fiscal year and discussed at budget time. Councilman Barb indicated he can support a motion for free rent if a compromise can be worked out with regard to maintenance at the Center. He suggested possibly internal maintenance can be provided by people using the rooms. He does not feel the City should provide maintenance for the various groups using the auditorium. Mr. Jack Christiansen, living on Oak Street in Huntington Park, said he is president of the Committee on Aging. He mentioned the City has not had to provide maintenance at the drop -in center since it was opened, it has been taken care of by Signe Van Hoeven with whatever help the seniors can give her. Mr. Christiansen suggested the Council have a meeting with the senior citizens so that all the questions can be answered. He concluded that they cannot pay any rent for use of the facility. Mr. Al Sasser, 12242 Chavers Avenue, said the senior citizens deserve a place to conduct their activities. Mr. Yungmann commented on the lease fees and maintenance fees paid by SECIL and said they do their own internal cleaning. Councilman Barb inquired what the maintenance people are doing if they are not cleaning inside the rooms. Council Minutes 3/8/83 -6- 7iyc Mr. Lang replied that if rates are charged for use of the auditorium at the same rate outsiders pay, it could raise approximately $40,000 in revenue to offset maintenance costs. Presently, the workers do outside maintenance of the building, but the primary costs incurred are for setting up and taking down in the cafetorium. when events occur. Ms. Reifman commented on the various activities conducted by the senior citi- zens that require setting up and taking down tables and chairs, noting two maintenance people are required because of the work involved. Ms. Van Houghten said the Downey Art League does its own maintenance. Mr. D. G. Sullinger, 7238 Irwingrove Drive, said the seniors set up their tables and take them down. AYES: 4 Council Members: Cormack, Jackman, Barb, Quinn NOES: 1 Council Member: Davila The motion as amended was then passed by unanimous vote. Councilman Barb requested the Council receive a report regarding maintenance at the Apollo Center. Mayor Quinn indicated that he and Councilman Cormack will meet with the senior citizens, and he asked Mr. Sullinger to contact his office to set up a meeting. Transfer of Funds for Verification of Voter Signatures on Possible Referendum Petition It was moved by Councilman Davila that the Downey Community Hospital pay for the cost of verifying referendum petition signatures. The motion died for lack of a second. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by the following vote that the City Clerk verify the signatures and hire some temporary help to do the job. Councilman Davila questioned whether there would be a conflict of interest with the City Clerk counting the signatures, since the City is personally involved in this matter. Mr. Newton explained the duty to count and verify signatures is imposed by law upon the City Clerk. The only manner in which any others are employed is through provision to deputize, which may include officers of the County Registrar of Voters Office to work under direction of the City Clerk. The City Clerk has the responsi- bility under provisions of the Elections Code to verify the signatures. Mr. Shand said the City Clerk's office has not hired temporary help in the past because an occasion of this nature has not occurred. He questioned the account and amount that would be designated for the temporary help, pointing out that a contract with the Registrar of Voters would provide for certifying the signatures, and there would be no doubt of any oversight. Mr. Shand estimated it would take his staff the entire 30-day period to adequately verify 4057 signatures. Mr. Martin suggested the Council appropriate $2600 to the proper account and let staff verify that temporary part-time help can be hired to get the job done. In the event it cannot be done for that amount, then the City can still contract with the County as a second alternative. Councilman Davila asked if the verification of signatures would be open to the public. Mr. Newton replied no because the content of a referendum petition is not a public record, it is not subject to inspection by the general public. There is a provision of law that if a proponent challenges the verification or certification of the Clerk, then the proponents of the petition may pursue a verification pro- cedure with the Clerk. He mentioned there is a law that protects signers of a referendum petition from their identities being disclosed to the public. When asked if any Council Members can monitor verification of the signatures, he replied yes. Councilman Davila asked if the City would be entitled to charge the Downey Community Hospital for the extra costs incurred, including costs for negotiating the contract, attorney's fees, or any money required to be paid back according to the lease that will be no cost to the City. Council Minutes 3/8/83 -7- Wq7 Mr. Newton replied the expense of processing a referendum petition would not, in his opinion, be a administrative cost of operation of the Lease, but is an ex- pense imposed upon the City by the Elections Code in relation to the adoption of an ordinance. Discussion followed. Mr. David Ray, 7338 Nada, indicated he does not have confidence in temporary help to verify signatures. He said if the Council rescinds its action on the Hospital, then there will not be any cost to the citizens at the present time. AYES: 4 Council Members: Cormack, Jackman, Barb, Quinn NOES: 1 Council Member: Davila It was moved by Councilman Cormack and seconded by Councilman Barb to deny any protests on the 1983 Season Lot Cleaning Program, and order the work to be performed in accordance with City Ordinance and State Law. Councilman Cormack feels the price is too low and should be increased to a minimum of $100. When asked if the $100 would cover the City's costs, Mr. Ralph replied yes, it would cover the immediate cost. During discussion, Mr. Newton explained the ordinance provides the City can impose upon property owners the cost of clean-up, but he does not believe the City can charge a penalty for the work. It was moved by Councilman Barb, seconded by Mayor Quinn, and passed by unani- mous vote to amend the motion to be $55, or an amount up to $100, and then to direct the Public Works Department to again evaluate their costs and see if this is an actual cost, and if not, to increase it up to $100. A vote on the motion as amended was then passed by unanimous vote. It was so ordered to set a hearing on Appeal to Zone Variance No. 249, 7440 Firestone Boulevard, for 7:30 p.m., April 12, 1983, in the Council Chamber of the Downey City Hall. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by unanimous vote to approve one-year renewal of the contract for Fire Protection Engineer. Bergman Lane - Street and Sewer Improvement Mr. Henriksen commented on the location of Bergman Lane, which he said is a private street of about 14 feet in width and lacks a sewer and sewer line, as well as proper street improvements in order to carry surface drainage onto Paramount Boulevard or Orizaba Street. He commented on a successful assessment district petition in 1981 which was signed by 69 percent of the property owners and was presented to the City Council, who authorized funds for an environmental impact re- port and approved a City contribution up to $80,000. The EIR was submitted by a. consultant and approved by the Council. The design of the street is about 99 percent complete. The total estimated cost of the project is about $150,000, and the estimated total assessment without any City contribution for a 50 foot lot would be $5,956. Attempts have been made to upgrade statistics on whether the street would qualify for City contribution as an enhancement area, but the 1980 census figures have not been received as yet. It was moved by Councilman Cormack to authorize continuation of assessment district proceedings; take whatever steps to allow people on Bergman Lane to develop the street and amortize to a maximum legal time; and authorizing hiring of legal counsel. Mr. Henriksen indicated that if staff is to go forward with the project, Council authorization is needed to expend funds. Funds have been appropriated in this year's budget and possibly some of the funds can be carried over into next year's budget as an outlay that will come back to the City through the assessments. He mentioned the City would have to spend money up -front before any utility reloca- tion work can be done. Councilman Jackman seconded the motion and questioned whether the property owners would be willing to do this. Council Minutes 3/8/83 -8- 21u& It was moved by Councilman Davila to table the motion. There was no second. Responding to questions, Mr. Henriksen outlined the procedure necessary to get this matter ready for hearing, noting that at the hearing, the property owners coulc vote the project down with a 51 percent negative vote. Mr. Steve Arias, 12045 Orizaba, commented on problems that occurred due to the recent rains and the flooding situation, noting the street is at a higher level than the homes. He questioned at what level the City would be willing to work with the residents in order to finance the project. Councilman Cormack noted the motion recommends that the City not charge for any of the engineering, but to donate it. The residents would pay the actual con- struction costs to be amortized over a maximum legal period of time. Mr. Henriksen estimated future engineering expenses would be $5,000-$6,000 to complete the project, and he cited additional costs involved for legal fees, etc. He mentioned that in view of the fact the City does not have all the right-of-way, there will be some additional costs incurred in obtaining title reports and appraisals on those properties that have not been dedicated. During discussion, Mr. Arias said this is an issue that would have to be dis- cussed with the residents. He asked if there could be more of a compromise in the City's participation on this matter. Mr. Henriksen mentioned that for those owners on the street who qualify, there are programs available at the Apollo Center, whereby they could obtain a deferred loan or low interest loan on the entire assessment. The deferred loan would not have to be repaid until the property is sold or the property owner is deceased. The low interest loan is usually 50 percent of the going rate. It was moved by Councilman Davila that if the area does get 100 percent signa- tures and qualifies for the HUD program, that they will be reimbursed 65 percent. There was no second. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn Development of Swimming Pool and Community Center Complex It was moved by Councilman Davila to take this under submission for further study. There was no second. It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by the following vote to approve the Recreation & Community Services Commission's recommendation for the City to proceed with formal negotiations with the Downey Unified School District and to refer any negotiated agreements to the Commission for review and recommendation. Mr. Martin indicated approval would be for staff to work on a proposal to be acted on by the City Council and School Board. Councilman Davila mentioned that during prior discussions, the Dolphins Swim Club indicated they would be willing to donate $100,000 to the swimming pool, and he suggested they be approached on this. AYES: 4 Council Members: Cormack, Jackman, Barb, Quinn NOES: 1 Council Member: Davila It was moved by Councilman Jackman and so ordered to set a hearing on proposed use of General Revenue Sharing Funds for Fiscal Year 1983-84 for 7:30 p.m., April 12, 1983, in the Council Chamber of the Downey City Hall. CITY MANAGER'S REPORT Mr. Martin mentioned that the State Retirement System has a surplus in its interest account and reduced contribution rates to the cities. If Downey passes a resolution requesting the reduced rates be extended, it is possible to extend the rates through the year 2011. This would be a savings of $297,000 per year. RESOLUTION NO. 4207 A RESOLUTION REQUESTING THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO EXTEND THE FUNDING PERIOD FOR CURRENT SERVICE, DEATH BENEFITS, AND 1959 SURVIVOR BENEFIT ACTUARIAL LIABILITIES FOR THE CITY OF DOWNEY Council Minutes 3/8/83 -9- gigq The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by unanimous vote to waive further read- ing and to adopt Resolution No. 4207. STAFF REPORTS It was moved by Councilman Jackman, seconded by Mayor Quinn, and passed by the following vote to discuss Maintenance of Parkway Trees during the Budget hearings. Mayor Quinn read a card from a citizen complimenting the Public Works Depart- ment for promptly cleaning debri resulting from a vehicle hitting a tree. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn ORAL COMMUNICATIONS: None ORA$ COMMUNICATIONS - City Council Councilman Davila requested an investigation or loss report concerning three missing Council tape recorders so that the money can be appropriated to purchase new recorders for the Council's use. Referred to the City Manager for report. Mr. Ernest Cruz, owner of a small business in Downey, inquired who he should contact regarding whether his signs are legal under the City's Sign Ordinance. He was told to contact the City's Code Enforcement Officer or the Building Official. Councilman Davila requested a report on whether United Towing has complied with the City's Code and corrected all their violations. Mr. Martin mentioned the property owner has a date set with the Planning Commission to discuss the setbacks, street lights, etc., the items that are property owner related. The business operator has taken steps to correct the items he is responsible for. Councilman Jackman reported on Assembly Bill 87.concerning Compulsory Arbitra- tion for Police Officers, which was presented to the Assembly by Assemblyman Bruce Young. He feels the Council Members should do what they can to oppose this bill. The Council concurred. Mr. Martin indicated he will prepare a letter for the Council's opposition to be mailed to the Assemblymen and Senators. CLOSED SESSION The meeting was recessed to closed session from ll:00 p.m. to 11:25 p.m. to discuss personnel and a matter of litigation. The meeting resumed with all Council Members present. It was announced that in closed session, the Council approved settlement of the Yvonne Davies claim, payable out of the Water Fund. ADJOURNMENT: 11:25 p.m. Robert and, City Clerk -Treasurer n J y es T. Quinn, Mayor Council Minutes 3/8/83 -10-