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HomeMy WebLinkAboutMinutes-07-26-83-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 26, 1983 T A B L E O F M I N U T E A C T I O N S SUBJECT ACTION. Ord. amending the Zoning Map adopted by Sec. 9106.06, D.M.C. (Planning Res. 4652, Zone Change Case #194)(N/0 Benares St. w/o Old River School Rd.) Introduced Zone Change Case #195, N/o Cleta St. bet. Downey Av. & Brookshire Av. Denied Ord. amending the Zoning Map adopted by Sec. 9106.06 DMC (Planning Res. #655, Zone Change Case #197)(E/s Lakewood B1., Mory St. to Donovan St.) Introduced Ord. amending the Zoning Map adopted by Sec. 9106.06 DMC (Planning Res. #656, Zone Change Case #198)(properties bounded by Lakewood B1., Bellflower B1. & Hall Rd.) Introduced Ord. amending the Zoning Map adopted by Sec. 9106.06 DMC (Planning Res. #657, Zone Change Case #199)(Cornuta Av. & Belcher St. bet. Woodruff Av. & Foster Rd.) Introduced Appeal, Zone Variance #266, 8026 Stewart & Gray Rd. Lot Cleaning Assessments Removal of items from Consent Calendar Minutes: Adj. Reg. Mtg., June 20, 1983 Rejection of Legal Claims: Ref. #623, #627, & #629 General Warrants: #211080 - 211112 #311864 - 312062 Amended Metropolitan Cooperative Library System Joint Powers Agreement Proposed Amendment to DMC allowing busi- nesses to conduct Periodic Outdoor Sales Granted; staff to bring back Resolution next meeting Affirmed Approved Approved Approved Approved Hearing set for August 9, 1983 Parking Citation Processing Service Agmt.: Auth. City Manager to sign agmt. with Macrodata Corp. Approved Underground Uti1. Dist. #11: Approve Dist. extension to 9/30/84 for conversion of pri- vate property services & 6/30/85 for Dist. completion; & auth. preparation & mailing of project status report letter to all businesses & property owners Approved Res. #4280, Designating an Alt. Member to Bd. Dir. County Sanitation Dists. 2 & 18 Adopted Res. #4281, Rescinding Res. #3614 & 3956 & Updating Fees & Service Charges for Copies of City Documents & Certain Police Services Adopted Res. #4282, Apprvg. Joint Powers Agmt. by & bet. Downey & County. of Kern & Assigning Certain Mortgage Bond Allocation to Result- Adopted; Councilmen Quinn and ing Joint Powers Agency Jackman to represent Council PAGE NO. 2 3 3 4 4 4 6 6 6 6 6 6 6 10 9 N 0 PI Page 1 of 3 COUNCIL MINUTES JULY 26, 1983 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Susie Villa re wheelchair ramps, sidewalks & cut curbs on w/s Paramount Bl. from Dir. Public Works to bring back Quinn to Firestone report next meeting 7 Ord. #725, Auth. Amendment to Contract bet. City & Bd. Admin. of Calif. Public Employees Retirement System, said Ord. to be adopted as Urgency Measure effective immediately Adopted 7 Res. #4283, Awarding Contract to Improve AD #113 (Bergman Ln) in City in accord. w/Res. of Intention #4241 Adopted 8 Res. #4284, Apprvg. Application for Pedestrian Funds auth. under SB 821 Adopted 8 Res. establishing Compensation Payable to Held over for discussion in Part -Time Classifications closed session (adopted Pg. 11) 8 Pas. #4285, Reciting Fact of Spec. Municipal Election held on 19th day of July, 1983, Declaring Result Thereof & Such Other Matters as are provided by Law Adopted 8 Capital Improvement Budget for 1983-84: Projects listed in staff memo of 7/26/83 Approved 8 CC #457, Golden Park Community Bldg.: Approve Change Order #6 & 7 & accept responsibility for maintenance Approved 9 CC #507, Myrtle St. - Firestone B1. to Nance St., DIP #715 & 716: Award to Sully -Muller Contracting Co. Approved 9 Civic Center/Library Construction Change Orders: Recommend to Civic Center Corp. that City Mgr. or his auth. rep. be auth. to approve change orders up to cumulative amount of $2,500 & provide report ASAP for ratification of his action Approved 9 CC #493, proposed Activity Bldg.: Conceptual plan & location & auth. preparation of an invitation for proposals for 'consultant to prepare performance or standard plans & specifications Approved 9 Proposed Activity Bldg.: Approve stick - built bldg., subj. to administrative review of a comparison (over modular structure) Approved 10 CC #485, Civic Center Proj.: Recommend approval by Downey Civic Center Corp. of Change Order #10 Approved 10 Golf Course Maintenance Agreement w/Zeke Avila & Sons: Five percent increase in Maint. Agmt. for this year Approved 10 David Ray re Meadow Park Proj'.. & Activity Bldg. at Apollo Center 10 Judy Davidson re problem on sale of ppty. on Little Lake Road Referred to staff 10 Cn. Quinn re sewer pipe on Second St. 11 Page 2 of 3 COUNCIL MINUTES, JULY 26, 1983 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT Closed session re personnel ACTION PAGE NO. 11 Res. #4286, Establishing Compensation Payable to Part -Time Classification Adopted 11 Page 3 of 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 26, 1983 The City Council of the City of Downey held a regular meeting at 7:30 p.m., July 26, 1983, in the Council Chamber of the Downey City Hall, Mayor Robert G. Cormack presiding. PRESENT: Council Members: Robert G. Cormack Mayor Theodore H. Jackman Mayor Pro Tem Randall R. Barb Bob Davila James T. Quinn ALSO PRESENT: Bud Ovrom, City Manager Carl K. Newton, City Attorney William A. Ralph, Director of Public Works James R.,Cutts, Director of Community Development William F. Martin, Police Chief Don Davis, Fire Chief Lee Powell, Director of Finance James R..Jarrett, Director of Recreation Francis E. Carter, City Planner Harald J. Henriksen, City Engineer Harry Payson, Building Official Gregory Shaffer, Principal Planner Scot Yotsuya, Assistant to City Manager Dudley Lang, Consultant Robert L. Shand, City Clerk -Treasurer INVOCATION AND FLAG SALUTE The Invocation was delivered by Councilman Jackman. The Flag Salute was led by Councilman Quinn. HEARINGS Mayor Cormack opened the hearing on Zone Change Case No. 194, North of Benares Street west of Old River School Road, which was continued from the regular meeting of July 12, 1983. 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 Quinn, and so ordered to receive and file the Proof. Mr. Carter explained that as a result of a request of the City Council, a study was initiated by staff of properties predominately developed with single family units which might have other zoning classifications. In the subject zone change, all the properties are zoned R--2 and developed with single family units. He men- tioned there will be a slide presentation of properties located in areas involved in zone change hearings on tonight's agenda, and all are developed with single family units that might have R--2 or R-3 zoning with the exception of one R-2 lot in the midst of commercial property. Mr. Carter pointed out that none of the pro- perties are in any redevelopment area. Mr. Shaffer narrated a slide presentation, commenting on the location of the properties involved. Mr. Shand indicated there was no correspondence received. Mayor Cormack inquired if there was anyone present to speak in favor or in opposition to the proposed zone change. Mr. David Ray, 7338 Nada, referred to Zone Change Case Nos. 194, 195, 197, and 199, and said people purchased their property with the R-2 and R-3 zoning, paying more for the property because it can be developed with additional units. To zone the property R-1 would deprive people of the maximum amount of property value. There being no one else wishing to speak, it was moved by Councilman Jackman, seconded by Councilman Barb, and so ordered to close the hearing. Council Minutes 7/26/83 -1- Councilman Davila asked if all of the property owners have been notified of the hearing, and the response was yes. Mr. Daniel Von, 11637 Dolan, said the hearing originally set was changed to tonight, and many people are on vacation or working and could not be present. Councilman Barb asked if it is possible to giveconsideration to allowing non- conforming properties as long as they meet present Code requirements to be rebuilt in the event of a fire. He suggested a possible compromise on the 50 percent rule in the event of fire damage. Mr. Carter replied destruction would have to amount to more than 50 percent in order to re-establish a non -conforming use. Discussion followed. Councilman Jackman asked if any requests had been received for postponing the hearing due to vacation, and the response was no. It was moved by Councilman Davila to postpone this matter to the limited time in order to inform the property owners that the Council is having a hearing, and that this be done on all zone changes scheduled tonight. People in the audience objected to a continuance by saying they were present regarding Zone Change Case No. 195. There was no second to the motion. 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. 652, ZONE CHANGE CASE NO. 194) The Ordinance was read by title only. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by the following vote to waive further reading and to introduce the Ordinance. AYES: 4 Council Members: Jackman, Barb, Quinn, Cormack NOES: 1 Council Member: Davila Mayor Cormack opened the hearing on Zone Change Case No. 195, North of Cleta Street between Downey Avenue and Brookshire Avenue, which was continued from the regular meeting of July 12, 1983. 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 reported on the development and zoning of the properties involved and the Planning Commission's recommendation for R-lzoning to properly reflect existing development on the lots. Mayor Cormack inquired if the City Clerk had received any correspondence. Mr. Shand replied a petition was received signed by approximately 118 persons from the area involved requesting denial of the recommendation to re -zone the pro- perties from R-2 to R-1. There being no one present to speak in favor, Mayor Cormack asked if there was anyone who wished to speak in opposition. Mr. Lennie Whittington, 8542 Manatee Street, said he received a notice of the hearing. When asked if he is in the area directly involved, he replied he is within a 500 foot radius. He was then asked to allow those people most directly involved to address the City Council. Mr. Jerry Silby, 8435 Galt Drive, speaking on behalf of the property owners involved, said he has submitted a petition signed by all of the property owners whose homes are included in the zone change and requesting dismissal of this action. He also submitted a petition containing 70 signatures of concerned citizens. Mr. Silby then read a prepared statement in opposition to the proposed zone change, pointing out that not one single property owner requested the change. Council Minutes 7/26/83 -2- Mayor Cormack commented on his past requests for a moratorium on apartments because he wants Downey to stay a single family residential community. Mr. Silby explained people are concerned about their property values. He also raised the question about what would happen to properties that become non -conforming if the zone change is approved. Councilman Jackman indicated that if the property owners did not initiate the request for zone change and if they all want to remain as they are, he would have no objection. Councilman Barb inquired about the difference in value per square foot between R-1 and R-2 property. Mr. Ovrom said this can be looked into and a report brought back to the Council Councilman Davila inquired where the proposed zone change originated. Mayor Cormack replied over a period of three years the Council has had mora- toriums on multi -family, and as a result, the Council asked staff to evaluate the City, and this is the proposal that came out of the Planning Division. Councilman Davila asked if the Council voted on this, and Mayor Cormack replied yes, this has been ongoing for the past few years. Councilman Davila then indicated he would like to see the Minutes concerning this matter. There being no one else wishing to speak, it was moved by Councilman Jackman and seconded by Councilman Quinn to close the hearing. It was moved by Councilman Quinn, seconded by Councilman Davila, and passed by unanimous vote to deny Zone Change Case No. 195. Mayor Cormack declared a recess from 8:40 p.m. to 8:42 p.m. The meeting re- sumed with all Council Members present. Mayor Cormack opened the hearing on Zone Change Case No. 197, East side of Lakewood Boulevard, Mory Street to Donovan Street, which was continued from the regular meeting of July 12, 1983. 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 reported on the location of the property and the proposed change of zone from R-3 to R-1. There are 17 lots involved, and all are developed with single family residences. Mayor Cormack 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, 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. 655, ZONE CHANGE CASE NO. 197) The Ordinance was read by title only, it was moved by Councilman Quinn, seconded by Councilman Barb, and passed by the following vote to waive further reading and to introduce the Ordinance. AYES: 4 Council Members: Jackman, Barb, Quinn, Cormack NOES: 1 Council Member: Davila Councilman Davila was asked if his "no" vote is only to introduction of the Ordinance, and he replied yes'. Council Minutes 7/26/83 -3- 7.2- V? Mayor Cormack opened the hearing on Zone Change, Case No. 198, properties bounded by Lakewood Boulevard, Bellflower Boulevard, and Hall Road, which was con- tinued from the regular meeting of July 12, 1983. 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 reported on the area involved and said there is one non -conforming R-2 lot of a commercial use, the legal use of which has expired. Portions of the area are also zoned C-4, which is no longer a classification under the City's Code. It is recommended all of the property be changed to a C-2 classification, which would have no effect on the existing commercial uses because they are permitted under that zoning. Mayor Cormack 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, 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. 656, ZONE CHANGE CASE NO. 198) The Ordinance was read by title only. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by unanimous vote to waive further read- ing and to introduce the Ordinance. Mayor Cormack opened the hearing on Zone Change Case No. 199, Cornuta Avenue and Belcher Street between Woodruff Avenue and Foster Road, which was continued from the regular meeting of July 12, 1983. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Barb, seconded by Councilman Quinn, and so ordered to receive and file the Proof. Mr. Carter reported on the location of the properties, which are single family units. The proposed zone change is from R-3 to R-1. There was no correspondence received. There being no one present to speak in favor or in opposition, it was moved by Councilman Quinn, seconded by Councilman Jackman, 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. 657, ZONE CHANGE CASE NO. 199) The Ordinance was read by title only. It was moved by Councilman Quinn, seconded by Councilman Barb, and passed by the following vote to waive further read- ing and to introduce the Ordinance. AYES: 4 Council Members: Jackman, Barb, Quinn, Cormack NOES: 1 Council Member: Davila Councilman Davila indicated his "no" vote was to the waiver and not to the introduction, and it will be that way "from here on out." Mayor Cormack opened the hearing on Appeal to Zone Variance No. 266, 8026 Stewart & Gray Road. 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 Quinn, and so ordered to receive and file the Proof. Mr. Carter reported on the location and development of the property which in- cludes a small tenant commercial building established by approval of a zone exception in 1964 with limited uses permitted to offices, C-1 and other uses that Council Minutes 7/26/83 -4- ��5-0 might be permitted by the Planning Commission. The applicant proposes to increase the size of a fast food facility by expanding into an adjoining tenant bay to pro- vide restaurant type seating and service for 41 patrons, restrooms and lobby area. The applicant's variance request is to reduce the required offstreet parking. Mayor Cormack inquired if, the City Clerk had received any correspondence, and the response was no. Mayor Cormack asked if there was anyone present to speak in favor of the appeal. Mr. Ron Tyni, 2300 Hacienda Boulevard, Hacienta Heights, the applicant, explained the additional space would provide a dining room facility, and he has an agreement from the tenants in the building that they do not object to having a dining room in the building or to having additional parking spaces needed to support the business. He admitted that while there are not a lot of parking spaces, there are always spaces available. Spaces in front of the building would be used during non -competing house. All the businesses except his are not open past 6:00, and the majority of his business is done on weekends when the other businesses are closed. Responding to questions, Mr. Carter explained the required number of parking spaces is based on seating rather than the size of floor area. Discussion followed. Mr. Carter further explained the main concern of the Planning Commission and staff was that they have no control over the change of tenants, in that the tenants now utilizing bays are low generators of parking and there are vacant spaces, but there could be a future tenant that is a high generator of parking needs. Mr. Albert E. Wisdon, 8713 Meadow Road, Downey, said he is the former owner of the pizza parlor in question. He commented that many businesses are having diffi- culty surviving and yet this business wants to expand because of the demand for the product. He said he will testify that the only time the parking lot is crowded is on the 4th of July weekend. Councilman Jackman indicated he is familiar with the shopping center and park- ing is adequate for the present uses. Also, most of the businesses close early, and he believes there would be adequate parking for a sit down restaurant. There being no one else wishing to speak in favor, Mayor Cormack asked if anyone wished to speak in opposition. Susie Villa, 12522 Paramount Boulevard, inquired about the possibility of a wheelchair ramp being installed. Mr. Newton said if the variance is approved, a condition can be provided for a ramp. Mr. Tyni and Mr. Wisdon commented on the requirement by law of restroom facilities for wheelchairs. There being no one else wishing to speak, it was moved by Councilman Jackman, seconded by Councilman Quinn, and so ordered to close the hearing. It was moved by Councilman Quinn, seconded by Councilman Davila, and passed by the following vote to grant the appeal. Mr. Carter inquired if conditions are to be established as part of the approval. When asked if he would build a wheelchair ramp, Mr. Tyni replied he is sure it can be done. Councilman Barb asked if this would be an open-ended variance for any owner that might come into the facility in the future or if it would apply only to the present applicant. Councilman Davila suggested restrictions could be applied same as a previous variance on Paramount and Imperial and that a new owner would have to come in and request the same priviledges. Mr. Carter questioned whether it is the intent of the Council that approval be restricted to a pizza restaurant or any kind of restaurant. Council Minutes 7/26/83 -5- 9o2s/ Councilman Quinn indicated his intent that the motion is to refer this to the City Attorney and staff to prepare the necessary resolution with appropriate con- ditions and bring back to the Council next meeting. Councilman Barb inquired if the variance were granted and if it created a major problem with parking, could the rest of the tenants seek court relief. Mr. Newton replied they could seek relief from the property owner --the City would not be the cause for the problem. In his opinion, granting or denying the variance would not create a civil liability on the part of the City. AYES: 4 Council Members: Jackman, Davila, Quinn, Cormack NOES: 1 Council Member: Barb Mayor Cormack opened the hearing on Lot Cleaning Assessments. 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 Quinn, and so ordered to receive and file the Proof. Mayor Cormack asked if the City Clerk had received any written protests, and the response was no. There being no one present to speak in protest, it was moved by Councilman Jackman, seconded by Councilman Barb, and so ordered to close the hearing. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to affirm the assessments on properties that have been cleaned by the City during Fiscal Year 1982-83. Mr. Ovrom requested the closed session regarding personnel be conducted at the end of the Meeting. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-F-3 was removed from the Consent Calendar. CONSENT CALENDAR It was moved by Councilman Barb, seconded by Councilman Quinn, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Adjourned Regular Meeting of June 20,'1983. Rejection of Legal Claims: Ref. #623, James and Mary Jeffers; Ref. #627, Anita Hoppe; and Ref. #629, Tim Michael Gutierrez. General Warrants: #211080 - 211112; #311864 - 312062: $1,041,188.20. Amended Metropolitan Cooperative Library System Joint Powers Agreement. Periodic Council Chamber of the Downey Municipal Code allowin Set hearing for 7:30 p.m., Downey City Hall. businesses to conduct Parking Citation Processing Service Agreement: Authorize the City Manager to sign a service agreement with Macrodata Corporation. Underground Utility District No. 11: Approve a District extension to September 30, 1984, for the conversion of private property services and June 30, 1985, for the District completion; and authorize preparation and mailing of a project status report letter to all businesses and property owners. RESOLUTION NO. 4280 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING AN ALTERNATE MEMBER TO THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICTS NUMBER 2 AND 18 RESOLUTION NO. 4281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING RESOLUTIONS NO. 3614 AND 3956, AND UPDATING FEES AND SERVICE CHARGES FOR COPIES OF CITY DOCUMENTS AND CERTAIN POLICE SERVICES AYES: 5 Council Members: Jackman, Barb, Davila, Quinn, Cormack Council Minutes 7/26/83 -6- 7a SA RESOLUTION NO. 4282 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, APPROVING JOINT POWERS AGREEMENT BY AND BETWEEN THE CITY OF DOWNEY AND THE COUNTY OF KERN AND ASSIGNING A CERTAIN MORTGAGE BOND ALLOCATION TO THE RESULTING JOINT POWERS AGENCY Councilman Davila requested an explanation of the Meadow Park Financing. Mr. Jeff Christopher of Camfield & Christopher, co -bond counsel for the bond issuance, said the reason for the change is the Housing Authority of Kern County is unable to assign the bond allocation granted to them because it went to the County of Kern. The City of Downey will be in a Joint Powers Authority with Kern County rather than the Housing Authority of that County. Councilman Jackman said the two Council appointees to the Board of Directors should be by appointment rather than volunteers. He also wants to be sure that the appointees are following the Council's direction. Councilmen Davila and Quinn volunteered to serve. It was mentioned that Councilmen Davila and Jackman are named in the Resolution. Mr. Christopher said the Authority will meet only until the bonds are issued. During discussion it was mentioned there is an opponent and proponent of the development who have been appointed to the Board. Councilman Davila said he voted the same way as the rest of the Council as far as issuing the bonds. His only concern was that the Downey Little League be reloca- ted. He would still be willing to serve on the Board. Councilman Jackman also 'stated his willingness to serve but feels the Council should vote on it. It was moved by Councilman Barb, seconded by Mayor Cormack, and passed by the following vote that Councilmen Quinn and Jackman represent the City Council. AYES: 4 Council Members: Jackman, Barb, Quinn, Cormack NOES: 1 Council Member: Davila The Resolution was read by title only. It was moved by Councilman Quinn, seconded by Councilman Barb, and so ordered to waive further reading. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to adopt Resolution No. 4282. AYES: 4 Council Members: Jackman, Barb, Quinn, Cormack NOES: 1 Council Member: Davila ORAL COMMUNICATIONS - Items not on Agenda Susie Villa, 12522 Paramount Boulevard, mentioned she sent a letter several months ago requesting wheelchair ramps, sidewalks, and cut curbs on the west sid of Paramount Boulevard from Quinn to Firestone. Mr. Ralph said this will be included in the presentation of the overall Capital Improvement Budget. Mr. Henriksen indicated staff is constantly reviewing wheelchair ramp loca- tions, and as money becomes available ramps are constructed. There are approximately 300-400 ramps in the City. Mr. Ralph was asked to bring back a report on this matter next meeting. ORDINANCES (ORDINANCE NO. 725 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF DOWNEY AND THE BOARD OF ADMINISTRA- TION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, SAID ORDINANCE TO BE ADOPTED AS AN URGENCY MEASURE TO BECOME EFFECTIVE IMMEDIATELY. The Ordinance was read in its entirety. It was moved by Councilman Barb, seconded by Councilman Quinn, and passed by unanimous vote to adopt Ordinance No. 725. RESOLUTIONS RESOLUTION NO. 4283 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AWARDING CONTRACT TO IMPROVE ASSESSMENT DISTRICT NO. 113 (BERGMAN LANE) IN THE CITY OF DOWNEY IN ACCORDANCE WITH RESOLUTION OF INTENTION NO. 4241 The Resolution was read by title only. It was moved by Councilman Quinn, seconded by Councilman Barb, and passed by unanimous vote to waive further reading and to adopt Resolution No. 4283. RESOLUTION NO. 4284 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPLICATION FOR PEDESTRIAN FUNDS AUTHORIZED UNDER SB 821 The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by unanimous', vote to waive further reading and to adopt Resolution No. 4284. The Resolution establishing Compensation Payable to Part -Time Classifications was held over to be discussed in closed session. Adopted page 11.) RESOLUTION NO. 4285 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY OF DOWNEY ON THE 19TH DAY OF JULY, 1983, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW '.. The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by the following vote to waive further reading and to adopt Resolution No. 4285. Councilman Davila cited a complaint that poll watchers at precincts were approaching voters and requesting them to vote yes. Mr. Shand stated for the record that complaints', of the nature indicated were not specifically directed to or received by the election official, the City Clerk. AYES: 5 Council Members: Jackman, Barb, Davila, Quinn, Cormack ADMINISTRATIVE REPORTS It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to approve projects listed in the staff memo of July 26, 1983, on the Capital Improvement Budget for 1983-84. Councilman Jackman went on record that his approval is tentative on these pro- jects, especially when some of them have been turned', down before. Mr. Ovrom indicated he has been reviewing the budget with the new Finance Director, and it is anticipated this will be brought', back for the next Council Agenda. He pointed out the Public Works Department does need authorization so that carry-over projects can be charged to a specific account. Mr. Henriksen commented on expenses for the Bergman Lane project, the advance for which will be paid back to the City through payment of assessments. Mr. Ralph said new projects have not been included on the list except for maintenance. During discussion, Mr. Ralph pointed out the Council has requested staff to do some engineering work, but staff needs to charge their time against a project. AYES: 5 Council Members: Jackman, Barb, Davila, Quinn, Cormack It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to approve Change Order Nos. 6 and 7 totaling $1,016.30 under Cash Contract #457, Golden Park Community Building, and accept maintenance responsi- bility and improvements constructed (A/C #21-17137 & 27-17137). It was moved by Councilman Barb, seconded by Councilman Jackman, and passed by unanimous vote to award a unit price contract totaling $22,401.20 to Sully -Miller Contracting Company, Inc., for construction of street improvements under Cash Contract #507, Myrtle Street - Firestone Boulevard to Nance Street, Downey Improve- ment Projects No. 715 and 716. It was moved by Councilman Quinn and seconded by Councilman Jackman to recommend to the Civic Center Corporation that the City Manager or his authorized representative be authorized to approve change orders up to the amount of $2,500 and provide the City Council and the Civic Center Corporation with a report as soon as possible for ratification of his action on Civic Center/Library Construction Change Orders (see amendment to motion). Councilman Jackman expressed concern about the number of change orders that could be included in the $2,500 before the Council has an opportunity to review them. Mr. Ovrom mentioned in committee meeting discussion was held regarding the need to be able to move ahead with extremely small changes without having to wait for Council approval. Councilman Jackman sees la problem of spelling out whose responsibility it is for the change order --who initiated it. If the architect or contractor made the mistake, they should be responsible. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to amend the motion to approve the change orders up to a cumulative amount of $2,500.' AYES: 4 Council Members: Jackman, Davila, Quinn, Cormack NOES: 1 .Council Member: Barb It was moved by Councilman Quinn, seconded by Councilman Barb, and passed by the following vote to approve the conceptual plan and location of the proposed Activity Building - Cash Contract #493, and authorize preparation of an invitation for proposals for a consultant to prepare the performance or standard plans and specifications. Councilman Jackman objected to going into debt another $200,000 for a building he does not think is needed.He has looked into the possibility of using the Golden Park building for the dance and exercise classes. Councilman Jackman also commented on the need for the City to quit spending money because of some very serious debt service in the future. He said maintenance costs would have to be considered with a new building. Mr. Jarrett indicated some of the programs could be moved to Golden Park, but that facility is being used to capacity. Also, it is smaller than the community center. If programs at the community center were moved to Golden Park, then some of Golden Park programs would have to be eliminated. Also, Apollo Center auditorium is utilized nearly seven days a week. A discussion was held regarding the charge for the classes as compared to the cost for use of the facility. Councilman Barb concurred with using HUD funds to pay for a program that will benefit the entire community. Councilman Davila suggested the funds be used for City programs rather than the boxing program. Councilman Quinn said Golden Park will be used to capacity, and he concurs with spending HUD funds for a new 'facility. He also favors Area 1 as the future site. Mr. Henriksen reviewed a displayed outline of the Apollo Neighborhood Center and the proposed location of the new building. AYES: 3 Council Members: Barb, Quinn, Cormack NOES: 2 Council Members: Jackman, Davila Mr. Ovrom requested Council decision on its preference for a modular or stick - built building. Staff recommends stick as an advantage over modular. Council Minutes 7/26/83 -9- Councilman Barb is willing to approve so long as staff provides a comparison of the modular building as opposed to a stick -built structure. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to approve a stick -built building, subject to administrative review of a comparison. AYES: 4 Council Members: Jackman, Barb, Quinn, Cormack NOES: 1 Council Member: Davila It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by the following vote to recommend approval by the Downey Civic Center Corporation of Change Order No. 10 on Cash Contract #485, Civic Center Project. Councilman Jackman and Mayor Cormack mentioned they have been meeting with the contractor in an attempt to get answers to questions concerning the Civic Center construction. AYES: 4 Council Members: Jackman, Barb, Quinn, Cormack NOES: 1 Council Member: Davila It was moved by Councilman Jackman and seconded by Councilman Quinn to approve a five percent (5%) increase in the Golf Course Maintenance Agreement with Zeke Avila & Sons; and approve a $50,000 principal only repayment plan as described in Option (2) of the staff report, with such plan to be reviewed annually during the budget process (see notion withdrawn). Councilman Davila indicated he will approve (Zeke Avila contract) this year but would like to see this go out to bid in the future. He was informed this is the second year of a three-year contract, and after the three years it can go out to bid. Mayor Cormack said the City needs to be concerned about not increasing (maintenance) expenditures over and above an increase in revenue. Councilman Barb suggested Golf Course interest be paid on the principal amount, and if the interest money is not available out of the proceeds, then money should be loaned into the (Golf Course) fund. He prefers to have the Golf Course pay interest only and have the Golf Course repay principal after the indenture has been paid. Councilman Jackman opted to change his motion to vote on each issue separately. Councilman Quinn withdrew his motion. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to approve a five percent (5%) increase in the Golf Course Maintenance Agreement with Zeke Avila & Sons for this year. Mr. Ovrom said the repayment plan could be brought back next meeting. Councilman Jackman concurred but said there should be some interest paid on this money, whether it be interest only or not. He questioned whether the Golf Course could afford to pay the $50,000 a year. Councilman Barb suggested some decision be made on administrative overhead. ORAL COMMUNICATIONS - Audience Mr. David Ray, 7338 Nada, referred to the Meadow Park Project and said Councilman Davila did not vote against the Joint Powers Agreement. Mayor Cormack stated he chaired a meeting during which Councilman Davila voted "no" on the project. Mr. Ray then rebutted comments made by Mayor Cormack during discussion on the proposed Activity Building at Apollo Center. Judy Davidson, 7131 Seawind Drive, Long Beach, cited a problem concerning sale of her property on Little Lake Road, which is a home with a garage conversion to a den, that was built by the original owner approximately 25 years ago without a build- ing permit. She said at the time the area was annexed into Downey, the property was accepted. Ms. Davidson stated that the prospective buyers of the property wish to purchase it as it is, and it would be considerable cost to her to change the den Council Minutes 7/26/83 -10- Bra back to a garage. She mentioned the original owner was asked by the City to convert the den back to a garage, but he was able, through an attorney and films taken of the area, to have the property accepted by the City. She asked what can be done to get the property sold and an occupancy statement. Ms. Davidson responded to ques- tions of the City Attorney and then was asked to be at City Hall tomorrow morning to meet with the City Attorney and Planning Division. ORAL COMMUNICATIONS - City Council Councilman Quinn asked about the sewer pipe on Second Street, and he was told it is for the Hotel construction. CLOSED SESSION Mayor Cormack recessed the meeting to closed session from 10:58 p.m. to 11:09 p.m. to discuss personnel matters. The meeting resumed with all Council Members present. RESOLUTION NO. 4286 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING THE COMPENSATION PAYABLE TO PART-TIME CLASSIFICATIONS The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to waive further reading and to adopt Resolution No. 4286. ADJOURNMENT - 11:10 p.m. Robert L. Shand, City Clerk -Treasurer Council Minutes 7/26/83 -11-