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HomeMy WebLinkAboutMinutes-06-28-83-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 28, 1983 T A B L E O F M I N U T E A C TI 0 N S SUBJECT ACTION Presentation to Chief Don Davis for compl. 25 yrs. service to Fire Dept. Ord. amending Zoning Map re Zone Change Case #193 (11751 Downey Av.) Introduced Res. #4264, amending portion of General Plan of Land Use Map Adopted Res. #4265, Confirming 1983-84 Fiscal Year Assmt. for Ltg. Maint. Dist. AD 121 Adopted' Appeal, Zone Variance #213, 12103 Downey Av. Hearing cont'd. to August 23, 1983 Removal of Items from Consent Calendar Minutes: Adj. Reg. Mtg., June 6, 1983; & Reg. Mtg., June 14, 1983 Approved Corres. from Downey Sign & Ltg. re sugg. to better enhance Downey Sign Codes Referred to staff Corres. from State Senator Paul Carpenter re Downey's opposition to SB 142 re mandated payment for sign removal Filed Corres. from Cerritos Community College Dist. re Apprec. for Downey's support re Consortium for SE County Services Delivery Area Filed Legal Claims for Rejection: Ref. #620 & 625 Approved General Warrants: #211012 - 211035 #311325 - 311615 Approved Appeal, Zone Variance #266, 8026 Stewart & Gray Rd. Hearing set for July 26, 1983 Status Report: Five -City Cable TV System 'Filed U.S. Dept. HUD: Intensive Monitoring Report re Comm. Dev. Block Grant Program Filed David Ray: Comments re Exhibit "E" missing from Sample Ballot on Hospital Issue & Spanish language printed on ballot creating Referred to the City Clerk & some confusion City Attorney Res. #4266, Apprvg. & Adopting Annual Appropriations Limit for Fiscal Year Res. establishing Three Water Service for Separate Water Rates & Rescinding Res. #4114 Presentation - Keep Downey Beautiful Request of Zeke Avila & Sons to increase Rio Hondo Golf Course Maint. Contract by five percent from $260,000 to $273,000: Delay action to next regular meeting & ask staff to come back w/evaluation on where Golf Course stands financially Adopted' Carried over to next meeting for a full Council Approved 1 1 3 3 4 4 5 5 5 5 5 5 5 5 5 5 5 5 6 a Page 1 of 2 COUNCIL MINUTES, JUNE 28, 1983 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. CC #485, Civic Center Proj.- Change Order 9 Approved 7 CC #491, Library Proj. - Change Orders 6 & 7 Approved 8 Report on Santa Ana Freeway/Manzanar Pedestrian Crossing: Completely delete any future plans for overcrossing from City's Approved; staff to report back immediate & future budgets on closing tunnel 8 Loan in amount of $500,OOO to Community Dev. Comm. Authorized 9 Contracts for Vehicle Towing & Storage Services: Contracts w/Doug's Tug, Inc., & United Towing Service, Inc., as amended by City Attorney Approved 9 Excess Liability Insurance: Lower City's self -insured retention to $500,000 & maintain liability fund reserve @ $1 million Approved 9 City Manager report on review of Civic Center area for locating Downey Courthouse 9 Redevelopment Proj. Amndmt. #3: City Mgr. comments on staff report altering recommendation on conforming residential uses; Another report will be forthcoming before 7/5 mtg.; & Proj. Area Comm. voted to change its recommendation, which will be subm. to Council 9 Mayor Pro Tem Cormack: Ordinance control- ling Newstands Referred to staff & City Attorney 9 Mayor Pro Tem Cormack req. Council & City Atty. further consideration re effectiveness of lobbyist Closed session re personnel & pending litigation Appointment of Jim Cutts as Director of Community Development Res. #4267, Int. to Approve Amndmt, to Contract bet. Bd. Admin. P.E.R.S. & City Council policy re abstention vote Meeting adjourned to 6:30 p.m., July 5, 1983, for closed session re personnel; that meeting will be adjourned to 7:30 p.m., July 5, 1983, in Downey Comm. Theatre for cont'd. joint meeting with Comm. Dev. Comm. on Redev. Plan Amdmt. #3 0 Approved 10 Adopted 10 Interpretation by City Attorney 10 10 Page 2 of 2 /d / 7 MINUTES OF THE CITY COUNCIL. OF THE CITY OF DOWNEY JUNE 28, 1983 The City Council of the City of Downey held a regular meeting at 7:30 p.m., June 28, 1983, in the Council Chamber of the Downey 'City Hall, Mayor Pro Tem Robert G. Cormack presiding. PRESENT: Council Members: Robert G. Cormack Mayor Pro Tem Theodore H. Jackman Randall R. Barb Bob Davila ABSENT: James T. Quinn Mayor (excused) ALSO PRESENT: Bud Ovrom, City Manager Carl K. Newton, City Attorney William A. Ralph, Director of Public Works William F. Martin, Police Chief' Don Davis, Fire Chief James R. Jarrett, Director of Recreation Ron Yoshiki, Assistant City Planner Harald J. Henriksen, City Engineer Charles G. Eccleston, Traffic Engineer Lowell Williams, Acting Director of Finance Gordon Davis, Purchasing/Insurance Risk Manager Greg Shaffer, Principal Planner Robert L. Shand, City Clerk -Treasurer Jeanne Cook, Deputy City Clerk -Treasurer INVOCATION AND FLAG SALUTE The Invocation was delivered by Councilman Jackman. The Flag Salute was led by Councilman Barb. PRESENTATIONS Mayor Pro Tem Cormack congratulated Chief Don Davis on completion of .ending service to the Fire Department as of July 1, 1983, and presen a Maltese Cross. HEARINGS Mayor Pro Tem Cormack opened the hearing on Zone Change Case No. 193, 11751 Downey Avenue. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Jackman, seconded by Councilman Barb, and so ordered to receive and file the Proof. Mr. Yoshiki reported on the request to add a Planned Unit Development overlay zone to the current R-3 zoning of the property. The applicant has also filed a zone variance and conditional use permit in order to construct a condominium de- velopment. He commented on the zoning of surrounding properties and said a negative impact declaration was published on May 5th. Mayor Pro Tem Cormack asked if the City Clerk had received any correspondence on this matter, and the response was no. Mayor Pro Tem Cormack inquired if there was anyone present to speak in favor of the zone change. Mr. L. P. Leavitt, 9724 Blandwood, Downey, representing the owner and developer of the property, indicated he is available to answer any questions. There being no one present to speak in opposition, it was moved by Councilman Jackman, seconded by Councilman Barb, and so ordered to close the hearing. ORDINANCE NO. 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. 658, ZONE CHANGE CASE NO. 193) Council Minutes 6/28/83 -1- '7a/$ The Ordinance was read by title only. It was moved by Councilman Jackman, seconded by Councilman Davila, and passed by the following vote to waive further reading and to introduce the, Ordinance. AYES: 4 Council Members: Cormack, Jackman, Barb, Davila ABSENT: 1 Council Member: Quinn Mayor Pro Tem Cormack opened the hearing on General Plan Amendment 83-2, Nine Sub -Areas in Various Locations. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Jackman, seconded by Councilman Barb, and so ordered to receive and file the Proof. Mr. Yoshiki explained about a year ago, the Council adopted a moratorium on development of apartments in the community in order to allow staff to examine the basic balance of housing stock available in the community. The moratorium expired in February this year, and the Council directed the Planning commission and staff to pursue the matter to insure the balance of housing in the community will always be maintained. An Owner -Rental Housing Report has been submitted which contains three parts which staff has been reviewing: General Plan amendment of various areas of the City; zone changes; and code amendments. There were nine general plan amendments submitted to the Commission, but the Commission reduced the number down to seven. Mr. Shaffer narrated a slide presentation of areas in the City proposed for general plan amendment, which are either medium or low medium residential, to re- duce these areas to low density residential: Sub -Area One, four properties on Arnett Street to the west of Downey Avenue; Sub -Area Two, on Fontana Street, LaReina, and some areas on the north side of Stewart & Gray Road to the west of Downey Avenue; Sub -Area Three, four properties at the southwest corner of Nada Street and Old River School Road; Sub -Area Four, properties on Bellder Drive south of Brookshire Children's Park; Sub -Area 5, six properties on the north side of Buckles Street east of the condominium project being constructed on the corner of Lakewood and Buckles; Sub -Area 6, properties behind Independence Park on the west side of Dunrobin Avenue; and Sub -Area 9, properties on the curving section of Cornuta Avenue and Belcher Street at the southerly City limits between Foster Road and Woodruff Avenue. Mr. Yoshiki explained the amendments proposed are areas that are predominately single family in character, but the land use of the General Plan is out of charac- ter with them. Mayor Pro Tem Cormack asked if the City Clerk had received any correspondence, and the response was no. Mayor Pro Tem Cormack then inquired if there was anyone present to speak in favor or in opposition to any of the Sub -Areas to the General Plan Amendment. Susie Villa requested curbs be installed on all of the corners. David Ray, 7338 Nada, expressed confusion over the proposal to lower the density to R1-5,000. Mr. Yoshiki replied the proposed amendments pertain only to the respective land use of a particular piece of property. Mr. Ray referred to a home on his street that sits back from the property line, which he feels was purchased with the possibility of building two or three units. He indicated that lowering the land use would be restricting a property owner's ability to improve his large lot to a multiple use. Mr. Yoshiki outlined the plot plan procedure required for property that has sufficient area to support two houses. Mr. Newton explained the action proposed would make no difference in the development limitations that apply to the property. Only zone changes affect the development limitations that, apply to property. Jan Tannehill, 11919 Pomering Road, requested further clarification on what is proposed. Mayor Pro Tem Cormack replied this is the result of the Council's request to attempt to keep Downey a homeowner -occupied type City, at least 50 percent. Council Minutes 6/28/83 -2- 7a/9 It was moved by Councilman Jackman, seconded by Councilman Barb, and so ordered to close the hearing. RESOLUTION NO. 4264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING A PORTION OF THE GENERAL PLAN OF LAND USE MAP The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by the following vote to waive further reading and to adopt Resolution No. 4264. Councilman Davila questioned the need for the General Plan amendment since the low density is already below 50 percent. Councilman Barb feels staff is doing a service', to the people who reside in residential areas by protecting their property from encroachment of apartments. Gloria Reed, 12161 Paramount Boulevard, inquired if this is the issue dis- cussed by the Planning Commission, whereby people were concerned because R1-5,000 is being taken away from them. She was informed it was another matter which is scheduled for a later Council meeting. AYES; 3 Council Members: Cormack, Jackman', Barb NOES: 1 Council Member: Davila ABSENT: 1 Council Member: Quinn Mayor Pro Tem Cormack opened the hearing on Lighting Maintenance District AD 121, 1983-84 Assessment Levy, pursuant to the provisions of the Landscaping and Lighting Act of 1972. He inquired if the City Clerk had the Affidavit of Posting and Mailing of Notices and Proof of Publication, and the response was yes. It was moved by Councilman Jackman and so ordered to receive and file the Affidavit and Proof. Mr. Ovrom mentioned he has sent a subsequent memo to the Council in response to a question by Councilman Barb as to what the rate would be for Zone I if the beginning balance were to equal the ending balance. Mr. Eccleston stated staff recommends the following assessments: Zone I, a zero assessment; Zone II, $118,947; Zone IV, $1,902; Zone V, $1,067; and Zone VI, less the Firestone commercial rate, $5,701, for a total assessment of $127,617. It was moved by Councilman Jackman, seconded by Councilman Barb, and so ordered to receive the Engineer's Report. Mayor Pro Tem Cormack inquired if the City Clerk had received any written correspondence on this matter, and the response was no. Mayor Pro Tem Cormack then asked if anyone wished to speak regarding the pro- posed intention to levy and collect assessments. Mr. Ken Miller, 7336 Cleargrove Drive, recommended the Council concur with the staff's recommendation to set a zero rate in Zone I. It was moved by Councilman Jackman, seconded by Councilman Barb, and so ordered to close the hearing. RESOLUTION NO. 4265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE 1983-84 FISCAL YEAR ASSESSMENT FOR LIGHT- ING MAINTENANCE DISTRICT AD 121 The Resolution was read by title only. It was moved by Councilman Jackman to waive further reading and to adopt Resolution No. 4265. The motion died for lack of a second. Councilman Davila would like to table this matter for further study. It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by the following vote to waive further reading and to adopt Resolution No. 4265. Council Minutes 6/28/83 -3- 7d,02 0 Councilman Barb expressed concern that the Council would continue to deplete reserves, and he favored reinstating at least a small assessment to the residents in Zone I for street lights. Discussion followed. Mr. Henriksen asked regarding the reserve amount the Council would consider appropriate. Councilman Jackman replied not less than 100 percent. AYES: 3 Council Members: Cormack, Jackman, Barb NOES: 1 Council Member: Davila ABSENT: 1 Council Member: Quinn It was moved by Councilman Jackman, seconded by Councilman Davila, and passed by the following vote to continue the hearing on Appeal to Zone Variance No. 213, 12103 Downey Avenue, to 7:30 p.m., August 23, 1983, in the Council Chamber of the Downey City Hall, pursuant to the request of the applicant. Councilman Barb indicated he does not feel the surrounding property owners should have to come back time and again because this hearing is delayed. Mr. Ovrom mentioned it was staff's understanding the hearing will be con- tinued at the applicant's request. Therefore, staff's recommendation on this matter was not included in the Council's agenda material. Discussion followed. A gentleman in the audience said he received notice the Council will accept public testimony. Mr. Newton said the hearing was noticed for this meeting, but it was his understanding the Council intended to continue the hearing to August 23rd, as re- quested by the applicant. When asked whether the hearing could still go forward at this time, he explained that under the circumstances, where it was indicated the Council would continue the hearing and the applicant relied upon that and did not show at the designated hearing date, it would be a problem to go forward with the hearing because the applicant has the right to hear tje testimony, as well as present his own. It was noted staff will give proper notice of the August 23rd hearing date. Kathryn Schroyar, 12071 South Downey Avenue, inquired regarding the appli- cant's request to delay this matter due to vacation because she has seen the applicant, and he has not been on vacation. Councilman Barb again said he does not feel it is fair to have people present to give testimony and then delay the hearing. He said the Minutes do not reflect the discussion that took place when the hearing was set. Mr. Ovrom asked the City Clerk if he recalls whether the Council, when it set this matter for hearing, indicated the hearing would be continued to August 23rd. Mr. Shand replied yes. Mr. Newton advised that if the Council conducts the hearing, there could be a claim on the part of the applicant that he has been denied due process on the grounds he understood he would be granted the continuance. AYES: 3 Council Members: Cormack, Jackman, Davila NOES: 1 Council Member: Barb ABSENT: 1 Council Member: Quinn REMOVAL OF ITEMS FROM CONSENT CALENDAR At the request of Councilman Barb, Agenda Item VIII-F-1, Resolution of Intent for the Downey Police Department was removed from the Consent Calendar. He indi- cated he would like to discuss this matter during the closed session. CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by the following vote to approve the Remainder of the Consent Calendar: Council Minutes 6/28/83 -4- �4xae Minutes: Adjourned Regular Meeting of June 6 1983; and Regular Meeting of June 14, 1983. Correspondence from Downey Sign & Lighting regarding suggestions to better enhance Downey Sign codes (referred to staff). Correspondence from State Senator Paul Carpenter acknowledging Downey's opposi- tion to SB 142 regarding mandated payment for sign removal. Correspondence from Cerritos Community College District regarding Appreciation for Downey's support re Consortium for Southeast Los Angeles County Services Delivery Area. . #620 .i Robert Krai Bloss: and General Warrants: #211012 - 211035; #311325 - 311615• $836,675 87. Appeal, Zone Variance No. 266 8026 Stewart & Gray Road: Set hearing for 7:30 p.m., July 26, 1983, in the Council Chamber of the Downey City Hall. Status Report: Five -City Cable TV System. of Housinc & Moni AYES: 4 Council Members: Cormack, Jackman, Barb, Davila ABSENT: 1 Council Member: Quinn ORAL COMMUNICATIONS - Items not on Agenda David Ray, 7338 Nada Street, Downey Community Hospital, said E the Hospital issue. He also indi has created some confusion. Downey, representing Concerned Citizens to Save hibit "E" is missing from the Sample Ballot on Referred to the City Clerk and City Attorney. ORDINANCES• None RESOLUTIONS RESOLUTION NO. 4266 inted on the ballot A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by the following vote to waive further reading and to adopt Resolution No. 4266. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING THREE (3) WATER SERVICE ZONES FOR SEPARATE WATER RATES AND RESCINDING RESOLUTION NO. 4114 The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Barb to waive further reading and to adopt the Resolution. Councilman Barb does not feel people should pay more for a service than what the service costs, in that people in one area should not subsidize another. He said the proposed increases would affect everyone but indicated the rates should be the same for everyone. Mayor Pro Tem Cormack explained how the rates were established as the various water districts were purchased by the City. Also, there was a gentlemen's agreement when the City purchased the Old Downey Water District that the rates would not be increased until the districts the City had purchased were paid for. He does not feel the rates should be adjusted until the services have been paid for, and then make the adjustments by parcel. Mr. Ralph mentioned that two years ago, Council directed staff to increase water rates each year by a 6§ percent differential, with the understanding that in approximately 10-12 years the rates would become even. He indicated he has no knowledge of any gentlemen's agreement. Council Minutes 6/28/83 -5- '*7�2.2P_ Councilman Jackman stated it was the Council's opinion at the time this was established that the water rates should be brought to parity as soon as possible. He does not feel one part of the City should be paying a higher water rate than another. Ken Miller, 7336 Cleargrove Drive, discussed previous rate increases, which were established so the City could build reservoirs but were later proved not to be needed. The money was used to upgrade the original Downey system. He does concur with moving the rates to a parity but is opposed to moving as rapidly as suggested. Joel Lubin, 7820 Allengrove, commented on his brief involvement with the water Facilities Corporation and his activity in the acquisition study with his employer, the State of California. He feels the proposed rate increases are more fair to the water user. It was moved by Mayor Pro Tem Cormack and seconded by Councilman Davila to amend the motion to increase all services by the same percentage of 1211 percent, until such time as the other water districts are paid for. Further discussion ensued. AYES: 2 Council Members: Cormack, Davila NOES: 2 Council Members: Jackman, Barb ABSENT: 1 Council Member: Quinn Mr. Newton said the two -two vote constitutes no action by the Council. Councilman Barb questioned whether the rates could be assessed equally by parcel. Mr. Ralph replied it could be done in equal increases by amount per consump- tion unit as opposed to a percentage. Roll call vote to adopt the Resolution as presented: AYES: 2 Council Members: Jackman, Barb NOES: 2 Council Members: Cormack, Davila ABSENT: 1 Council Member: Quinn The Resolution was carried over to the next meeting for a full Council. Presentation - Keep Downey Beautiful Gary McCaughan, Chairman of the Keep Downey Beautiful Committee, recognized other committee members present in the audience. He referred to an outline sub- mitted to the Council which describes the main functions of the committee and then narrated a slide presentation of essential issues the committee feels should be addressed. In addition, there was a presentation regarding the two projects the committee has organized with a zero operating budget in the 1982-83 year. Mayor Pro Tem Cormack recommended that each of the Council Members visit the committee at one of its meetings. It was moved by Councilman Jackman and seconded by Mayor Pro Tem Cormack to approve the request of Zeke'Avila & Sons to increase the Rio Hondo Golf Course Councilman Barb feels this should be held in abeyance for a status report on the Golf Course. He is not opposed to the five percent increase. Discussion followed regarding the need for proper maintenance of the Golf Course. It was noted this is the second year of a three-year contract. It was moved by Councilman Barb, seconded by Mayor Pro Tem Cormack, and passed by the following vote to delay action on this matter to the next regular meeting and ask staff ,to come back with an evaluation on where the Golf Course stands financially. AYES: 4 Council Members: Cormack, Jackman, Barb, Davila ABSENT: 1 Council Member: Quinn Council Minutes 6/28/83 -6- Cash Contract #485, Civic Center Project - Change Order No. 9 Mr. Ovrom indicated he had hoped to have the architect present at this meet- ing to discuss the cross bars, but the architect is not prepared. The architect has designed an alternative to the cross bars, but he does not have a price from the contractor. It was moved by Councilman Barb and seconded by Councilman Jackman to recommend approval by the Downey Civic Center Corporation. When asked about the need for change orders, Mr'. Ovrom explained the Civic Center plans were hurried due to the pending hotel construction, and when plans are prepared on a "fast track basis," it is anticipated it will be necessary to go back and look at items more carefully. Had it been known the hotel project would be delayed as much as it has, more time could have been taken reviewing the Civic Center plans. Councilman Jackman would like to know the total number of change orders approved and the total cost. Mr. Henriksen defined the various types of change requests that can be involved in a project, which could be instituted either by the architect, the contractor, or the city. Mr. Ovrom suggested the Council might want to place the architect and contrac- tor on the agenda to answer questions, or designate someone to meet with them. Discussion followed regarding the proposed change orders. Mr. Ovrom said the budget for the project contained a contingency for a cer- tain amount of additions, and the contingency has not been exceeded. He mentioned there are other change orders in the mill that will need to be resolved. A discussion was held regarding the penalty for not completing the project in the time specified. It was noted there is a liquidated damages provision, and the city and the Contractor are bound by the terms of that provision. Councilman Barb suggested Council Members Cormack and Jackman, as well as the City Attorney, meet with the architect and contractor. AYES: 2 Council Members: Jackman, Barb NOES: 1 Council Member: Cormack ABSENT: 1 Council Member: Quinn ABSTAIN: 1 Council Member: Davila Mr. Ovrom read from a card in his desk which contains an exerpt from the Council Minutes of April 22, 1980, concerning the Council's position on the abstention vote, which states: "That if a member of the City Council abstains from voting upon a matter and states it is an abstention, that vote is not counted either for or against, with this exception: That in the event a vote is required from that person in order to carry a matter when there are only three or four per- sons present, then an abstention shall be deemed as voting with the majority." The Council then voted again on the motion to recommend approval by the Downey Civic Center Corporation: AYES: 2 Council Members: Jackman, Barb NOES: 2 Council Members: Cormack, Davila ABSENT: 1 Council Member: Quinn Mayor Pro Tem Cormack stated the chair rules the card defining the abstention vote is not correct. It was moved by Councilman Barb to recess the meeting and have the City Clerk present the Council with the Minutes of April 22, 1980. Councilman Jackman said the Council has not voted on Robert's Rules of Order. Councilman Davila indicated he abstained because he did not want to vote on this issue tonight until he has learned more about it. Mr. Newton said approval of the Council would be needed in order for Council- man Davila to change his vote. Council Minutes 6/28/83 -7- 9.)- "/ It was moved by Councilman Davila and seconded by Mayor Pro Tem Cormack that Councilman Davila be allowed to change his vote. AYES: 2 Council Members: Cormack, Davila NOES: 2 Council Members: Jackman, Barb ABSENT: 1 Council Member: Quinn Failed. Mayor Pro Tem Cormack indicated the chair rules the first vote was in error and that the card is not valid. It was moved by Councilman Barb to direct staff to check and see if the word- ing on the card is, in fact, part of the Minutes of the City. It was so ordered that the City Clerk check the Minutes during the closed session at the end of the meeting. (See the City Attorney ruling at the end of the meeting, whereby it is his interpretation the original motion passes.) It was moved by Councilman Barb to recommend to the Downey Civic Center Cor- poration that Change Orders No. 6 and 7 under Cash Contract #491, Library Project, be approved with the exception of Item #3, which is the 21-day extension for the time of construction. Mr. Henriksen explained there was a discrepancy between the architectural plans and the foundation plans, and the contractor had to wait for an answer from the contractor. The contractor then finally took it upon himself to re -do what had already been poured at a cost of approximately $2,000, which he is willing to donate to the City, with the exception that he needs the time. It was moved by Councilman Jackman to amend the motion to reinstate Item #3. Councilman Barb raised questions regarding the projected and estimated comple- tion date for the Library Project, as well as the penalty phase. Mr. Henriksen indicated he will bring back this information. Mayor Pro Tem Cormack seconded the amended motion. Roll call vote on the amended motion: AYES: 2 Council Members: Jackman, Davila NOES: 2 Council Members: Cormack, Barb ABSENT: 1 Council Member: Quinn Failed. Roll call vote on original motion: AYES: 3 Council Members: Jackman, Barb, Davila NOES: 1 Council Member: Cormack ABSENT: 1 Council Member: Quinn Report on Santa Ana Freeway/Manzanar Pedestrian Overcrossing It was moved by Councilman Davila that this be referred for the Mayor and City Manager to sit down with the President of the School Board and the Superintendent to discuss it before the Council is asked to make a decision. There was no second. It was moved by Councilman Barb, seconded by Councilman Jackman, and passed by the following vote to completely delete any future plans for this overcrossing from the City's immediate and future budgets. — Councilman Barb indicated he cannot see the value of building a $1 million bridge as an alternative for those people who do not wish to use the tunnel. The pedestrian overcrossing at'Lemoran and the I-5 Freeway is much more of a problem than the tunnel. Mr. Henriksen said staff has been discussing with the State modifications for the Lakewood Boulevard underpass under the Santa Ana Freeway. The State is willing to construct the improvements, but it will take approximately two years to complete. Council Minutes 6/28/83 -8- '2.z.2,-5 Eleanor Lindenfeld, 8846 Manzanar, requested consideration be given to removing the tunnel, which she said the residents have fought for many years to have removed. AYES: 4 Council Members: Cormack, Jackman, Barb, Davila ABSENT: 1 Council Member: Quinn Mayor Pro Tem Cormack requested a report back on what would be required to close the tunnel. It was moved by Councilman Barb, seconded by Councilman Jackman, and passed by the following vote to authorize a loan in the amount of $500 000 to the Community Development Commission in accordance with the Operative Agreement. AYES: 3 Council Members: Cormack, Jackman, Barb ABSENT: 1 Council Member: Quinn ABSTAIN: 1 Council Member: Davila Contracts for Vehicle Towinq and Storage Services Mr. Newton indicated the following changes have been made in the contract: On Page 3, under II - Consideration: In the first paragraph, third line, the annual minimum guarantee is $4,500 or 16 percent of the gross... The first line of the second paragraph should begin, "During the term of the contract." On Page 5, paragraph G, there is a change in the wording but not in substance. It was moved by Councilman Davila to award the contract to Doug's Tug only because United Tow is still in violation of the Code. He does not feel any busi- ness in violation of the Code should be awarded a contract with the City. There was no second. It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by the following vote to approve the contracts with Doug's Tug, Inc., and United Towing Service, Inc., for Vehicle Towing and Storage Services, as amended by the City Attorney. AYES: 3 Council Members: Cormack, Jackman,'. Barb NOES: 1 Council Member: Davila ABSENT: 1 Council Member: Quinn It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by the following vote to approve lowering the City's self -insured retention to $500,000 on the Excess Liability Insurance and maintain the liability fund reserve at $1 million. AYES: 4 Council Members: Cormack, Jackman, Barb, Davila ABSENT: 1 Council Member: Quinn Mr. Ovrom stated pursuant to a Council policy that the DowneyMunicipalCourt should be in the Civic Center rather than another location, staff was directed to see if the Courthouse would fit into the Civic Center area. The Planning Division staff has prepared two alternatives that if the Court specifications require 580 parking spaces, it could be accomplished by building'a parking structure; or, the parking could be on -grade, which would necessitate taking much or all of the commercial on Downey Avenue. Staff can now proceed to negotiate with the County on the mechanics for placing the Courthouse in the Downey Civic Center area. Mr. Ovrom said there is a staff report on proposed Redevelopment Project Amend- ment No. 3 altering its recommendation on conforming residential uses. He has a map for Council review showing conforming residential uses. Staff will have another report back to the Council before the July 5th meeting. The Project Area Committee voted to change its recommendation, which will be submitted to the Council. ORAL - City Council Mayor Pro Tem Cormack indicated he has a draft of an Ordinance controlling Newsstands, which he will be turning over to staff and the City Attorney for review. Mayor Pro Tem Cormack also indicated he would like the Council and City Attorney to give further consideration to the effectiveness of a lobbyist. CLOSED SESSION Mayor Pro Tem Cormack recessed the meeting to closed session from 11:02 p.m. to 11:38 p.m. to discuss personnel and pending litigation. The meeting resumed with Council Members Cormack, Jackman, Barb, Davila present; Mayor Quinn absent. Council Minutes 6/28/83 -9- '7.2a� in closed session, the 'Council confirmed and approved the Appointment of Jim Cutts as Director of Community Development. RESOLUTION NO. 4267 A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF DOWNEY Pursuant to State Law, Mr. Newton read the following statement into the record: "The present rate for the City of Downey local safety members of P.E.R.S. is 22.644 percent. The new rate, with the optional benefit (one year final com- pensation) will be 25.699 percent, thus the change in cost is 4.055 percent. The _ cost to the City of this benefit for the next twelve months will be $164,673. The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by the following vote to waive further reading and to adopt Resolution No. 4267. AYES: 4 Council Members: Cormack, Jackman, Barb, Davila ABSENT: 1 Council Member: Quinn Referring to the Council policy regarding the abstention vote, Mr. Shand said he has checked the minutes of April 22, 1980, and the wording previously referred to on the card placed in the Council desks is a verbatim of the wording in those Minutes. Mayor Pro Tem Cormack said the policy is the same as set forth in Robert's Rules. Mr. Newton said this is a Council rule of procedure adopted on April 22, 1980, as to how abstain votes are counted in a situation where there are three or four Council Members attending a meeting. Mr. Ovrom indicated an ,abstention is not voting only in cases where all five members of the Council are present. When there are less than five members pre- sent, an abstention goes with the majority. Mr. Newton stated that would only be when three votes are required to carry an item. To approve any payment, the law requires three affirmative votes. Mr. Ovrom then asked the City Attorney if it is his opinion the abstention vote on the motion to approve the Change Orders under Cash Contract #485, Civic Center Project, is counted as a yes vote and the motion passes. Mr. Newton replied yes, according to his interpretion of the ruling. When Councilman Davila indicated he did not intend for his abstention to be a yes vote, Mr. Newton then said this is the rule adopted by the Council, which the Council must follow until it is changed. The Council has the power to change the ruling. ORAL COMMUNICATIONS - Audience: None ADJOURNMENT The meeting was adjourned at 12:05 p.m. to 6:30 p.m., July 5, 1983, in the Council Chamber of the Downey City Hall, for closed session regarding a personnel matter. That meeting will then be adjourned to 7:30 p.m., July 5, 1983, in the Downey Community Theatre, for continued joint hearing with the Community Develop- ment Commission on Redevelopment Plan Amend zz Robert L. Shand, City C1 rk-Treasurer Council Minutes 6/28/83 -10-