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HomeMy WebLinkAboutMinutes-09-13-83-Regular MeetingMDR= OF THE CITY COUNCIL OF THE CITY OF DAY SEPTF'.MBER 13, 1983 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Auto Club presentation to Downey of award of excellence for outstanding achievement _ in Pedestrian Safety 1 Peiwval of Items from Consent Calendar 1 Minutes: Adj. Peg. Mtg., July 18, 1983; & Peg. Mtg., July 26, 1983 Approved 1 Corres. from PUC re Appl. #83-08-42 of So. Calif. Edison Co. for Energy Cost Adjustment Filed 1 Corres. from Culver City re Cigarette Tax, Charter City Revenue vs. State Subventn. Filed 1 CC #451, Tennis Court Resurfacing at Furman & Independence Parks: Specs & grant auth. to advertise f/bids Approved 1 CC #507, Myrtle St. - Firestone to Nance, DIP #715 & 716: Accept inprvmts. Approved 1 General Warrants: #211204 - 211261 #312686 - 313061 Approved 1 _ Alternate Theatre Patron Parking during Hcmetel Construction Approved 2 Report re Senior Citizen/Handicapped Transit Service Filed 2 Six month report re Ultralight Program Filed 2 Amendment to DYE re Medium Density Multiple Family Residential (R-3) Hearing set for October 11, 1983 2 Appeal, Zone Change #200, 8607 Imperial Hearing set for September 27, 1983 2 Appeal, Zone Variance #218, 12102 Gurley Hearing set for September 27, 1983 2 Appeal, Zone Variance #275, 7205 Shady Oak Hearing set for September 27, 1983 2 Appeal of Sign Code Interpretations re meaning of "copy change" - 9060 Firestone Hearing set for October 11, 1983 2 Appeal, Sign Face Dividers Change, 8001 Florence Av. Hearing set for October 11, 1983 2 Res. #4296, Apprvg. Program Suppl. #14 _ of City/State Agmt. #07-5334 for Const. of RR Gates @ Rives (Crossing #BK:494.5) Adopted 2 Res. #4297, Auth. Execution & SUMlission of Cal. Housing Advisory Service Grant Program Adopted 2 Zone Change #203, 8312 Iowa St. Hearing set for September 27, 1983 2 Downey Rose Float Assn.: Req. for waiver of charges for use of Downey Theatre for Miss Downey Pageant Social Service Organizations - funding Referred to staff 3 Staff to come back w/recoamendations 3 Page 1 of 3 SUBJECT ACTION PAGE NO. Ruth Nivens: Req. City consider requiring licenses on bicycles Referred to staff 3 Ord. Approving Lease bet. City & Downey Chamber of Commerce Introduced 3 Ord. Amending DMC re Middle Management & Confidential/Exempt Positions as Part of Unclassified, Exempt Service Introduced 4 Res. #4298, Denying Zone Variance #213 Adopted; 30-day time period for (12103 Downey Av.) compliance 4 Res. #4299, Adopting Regulations Governing Adopted; Staff directed to review Tape Recordings of Council Meetings & cost for providing duplicate tapes Rescinding Res. #3885 in Library 4 Res. #4300, Commending & Honoring Inice Durham on her Retirement Adopted 5 Downey Museum of Art Sculpture Placement at Furman Park: Approve donation of sculpture incl. $250 for inst. of concrete Failed 0 SS Proj. #386, Lakewood B1., SS Proj. Staff directed to continue working #387 - Firestone B1., Design Concepts on this matter 6 CC #491 - Library Addition: Reaffirm bid for moving & storing books & Held over; staff to come back with furniture to Trans -Calif. Moving & Storage more information & figures 7, 8 Firestone B1. Widening Proj. - Old River School Rd. to Firestone P1. (Pomering Rd.) Approved Closure of Manzanar/Santa Ana Freeway Pedestrian Tunnel: Defer until sidewalks installed on Lakewood Bl. (in interim, staff to cont. monitoring use of tunnel & discuss City's int. to consider closure w/approp. School Dist. staff) Approved Verification Certification for qualified signatures affixed to referendum petitn. re City Ord. #723 - Redev. Plan Amndmt. 3 Accepted Ord. repealing Ordinance #723 Introduced Civic Center Refunding Issue: Agmt. w/Orrick Herrington & Sutcliffe as bond counsel & auth. Mayor to sign Approved Placing resident/caretaker on premises at Rio Hondo Country Club. Maint. Service Yard: Auth. staff to draw up Letter of Agmt. of terms & residency requirements Approved Permissive Conditional Use Permit at 9822 Downey -Norwalk Rd.: Req. to file Downey Theatre Rental Rates Held to next meeting for further info from Theatre Mgr. SS Proj. #370/371: Award to Ted R. Jenkins for placing chip seal & slurry seal & auth. staff to add addl. quantities Approved Opal Henn: Extends Rose Float Assn. thanks to Park & Rec. f/help with ice cream socials 7 7 7 7 8 8 8 8 8 8 Page 2 of 3 • U S. 71• 91 I• • W Q 11 Y • k • Y I I7iY ACTION Paul Sarvis re Ord. rescinding Armdmt. #3 Diane Boggs re Rose Float Assn. request for waiver of Theatre rates Joel Lubin re Plan Attndmt. #3 David Ray re Cigarette Tax Charter City Revenue & duplicate tapes of Council Meetings in Library Kathy Shorman re duplicate tapes of Council Meetings Joel Lubin re turning tapes over to Historical Society & City's cost for photocopies Cn. Davila re requirement that people using tape recordings of Council Mtgs. must be observed Closed session re pending litigation & personnel Meeting adjourned in nennry of Sara McCart, former Planning Commissioner, & Jerry Stiunpf, sre,� of Traffic Committee PAGE NO. 8 8 8 8 9 9 9 9 Page 3 of 3 17a �3 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPZ'Emm 13, 1983 The City Council of the City of Downey held a regular meeting at 7:30 p.m., September 13, 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 James R. Cutts, Director of Community Development Lee Powell, Director of Administrative Services William F. Martin, Police Chief Don Davis, Fire Chief James R. Jarrett, Acting Director of Community Services Francis E. Carter, City Planner Harald J. Henriksen, City Engineer Scot Yotsuya, Assistant to City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INN', a.: wk' W., 71 L YY The Invocation was delivered by Councilman Jackman. The Flag Salute was led by Councilman Davila. On behalf of the Automobile Club of Southern California and the American Automobile Association, Shirley Webster presented to the City of Downey an award of excellence for outstanding achievement in Pedestrian Safety. She said Downey was one of five cities in the nation between 50,000 and 100,000 population to win the award. She also congratulated Mr. Chuck Eccleston, City Traffic Engineer, the Police Department, and commended the Citizens Traffic Committee and school representatives who contributed to the safety of Dcwney's citizens. rV 714.E • _.my WziURej\ P 91k,0 NW3,1 I 9gIIp; Agenda Item VIII-E-6, Zone Change Case #203, was removed from the 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: Minutes: Adjourned Regular Meeting of July 18, 1983; and Regular Meeting of July 26, 1983. Correspondence from Public Utilities Commission regarding Application #83-08-42 of Southern California Edison Company for Energy Cost Adjustment. Correspondence from the City of Culver City regarding Cigarette Tax - Charter City Revenue vs. State Subvention. Cash Contract #451, Tennis Court Resurfacinq at Furman and Independence Parks: Specifications and grant authority to advertise for bids C 40-17129 Cash Contract - Firestone Boulevard d 7 66. Accept street (A/C #26-16253). con - General Warrants: #211204 - 211261; #312686 - 313061: $2,172,019.55. Council Minutes 9/13/83 -1- Alternate Theatre Patron Parking during Hometel Construction. Report regarding Senior Citizen/Handicapped Transit Service. Six bbnth Report regarding Ultralight Program. Amenduent to Downey Municipal Code Section 9114 regarding Medium Density Multiple Family Residential R-3 : Set for hearing at 7:30 p.m., October 11, 1983, in the Council Chamber of the Downey City Hall. Appeal, Zone Change Case #200, 8607 Ittper1. Hi hway: Set for hearing at 7:30 p.m., September 27, 1983, in the Council Chamber of the Downey City Hall. Appeal, Zone Variance #218, 12102 Gurley Avenue: Set for hearing at 7:30 p.m., September 27, 1983, rn the Council Chamber of the Downey City Hall. Appeal, Zone Variance #275, 7205 Shady Oak Drive: Set for hearing at 7:30 p.m., September 27, 1983, in the Council Chamber of the Downey City Hall. Appeal of Sign Code interpretations pertaining to meaning of "copy change" - 9060 Firestone Boulevard: Set for hearing at 730 p.m., October 11, 1983, in Council Chamber of the Downey City Hall. Appeal, Sign Face Dividers Change, 8001 Florence Avenue: Hearing set for 7 0 p.m., October 11, 1983, in the Council Chamber of the Downey City Hall. RESOLUTION NO. 4296 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUAI\W APPROVING PROGRAM SUPPLEM[M NO. 14 OF THE CITY/STATE AGREEMENT NO. 07-5334 FOR THE CONSTRUCTION OF RAILROAD GATES AT RIVES AVENUE (CROSSING NO. BK:494.5) RESOLUTION NO. 4297 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IXxDNE,'Y AUTHORIZING THE EXECUTION AND SUBMISSION OF THE CALIFORNIA HOUSING ADVISORY SERVICE GRANT PROGRAM AYES: 5 Council Members: Jackman, Barb, Davila, Quinn, Cormack Councilman Davila requested a condition be added before the hearing on Zone Change Case #203, 8312 Iowa Street, so that no ambulance or loud apparatus would be allowed to operate from that location. Mr. Carter stated at the present time, ambulance service is not a permitted use in the H-M zone. Also, there are no conditions to a change of zone. Councilman Davila would like to extend the area of notification of property owners for this hearing from 500 to 1,000 feet. It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by unanimous vote to set a hearing on Zone Change Case #203, for 7:30 p.m., October 11, 1983, in the Council Chamber of the Downey City Hall. (See motion to set hearing for September 27, 1983.) It was moved by Councilman Davila to extend the notification area to at least 1,000 feet. The motion was accepted by Mayor Commack. AYES: 1 Council Member: Davila NOES: 4 Council Members: Jackman, Barb, Quinn, Cormack Failed. Mr. Ovrom explained that due to an oversight, the hearing was set for October llth when it should have been set for September 27th. It was moved by Councilman Barb, seconded by Councilman Jackman, and passed by unanimous vote to amend the previous motion and set the hearing on Zone Change Case #203 for 7:30 p.m., September 27, 1983, in the Council Chamber of the Downey City Hall. Council Minutes 9/13/83 -2- 7a75 ORAL Ca44JNICATICNS - Items not on Agenda Opal Henn, 10708 LaReina, representing the Downey Rose Float Association_, re- quested a waiver of charges for use of the Downey Comity Theatre by the Association for the Miss Downey Pageant. It is her understanding the Association is also to be charged for last year's use of the Theatre. The waiver is requested for the Theatre alone —the Association will pay the costs for stage crew and lighting. It was moved by Councilman Davila to waive the fees for the Theatre for the Downey Rose Float Association, as described by Mrs. Henn. The motion died for lack of a second. Councilman Barb mentioned that later on the Agenda the Council will be con- sidering Theatre rates. He suggested if the Rose Float Association is felt to be of service to the City they could be assisted with funding rather than waiving fees for som organizations and not for others. Mayor Commack asked staff to review the possibility of other available funding. Councilman Jackman suggested possible use of Block Grant Funds. Referred to staff. Councilman Barb mentioned the Council granted money to the Juvenile Diversion Program and We Tip, which were counted in the lump sum of money made available for social service organizations. He said the two organizations are crime related, and he questioned whether they should be deleted from social services and placed in the Police budget. Also, Councilman Barb indicated there was a $1,400 increase in the Cerritos Di.verson program which came out of money available for social services. He then moved to replace the $1400 in the social service program. Councilman Quinn would like to raise the social services amount to $20,000, which is the amount spent last year. Councilman Jackman prefers using Block Grant funds rather than Revenue Sharing. It was indicated that if the two organizations are removed from social ser- vices and placed in the Police Budget, there would be $14,000 for social services. Staff was asked to come back with recommendations for social services funding. Ruth Nivens, 8525 Donovan Street, requested consideration be given to requiring licenses on bicycles. She cited an incident, wherein her purse was taken by a boy on a bicycle, and she indicated a visible license could have been seen for identi- fication purposes. Chief Martin stated bicycle registration is voluntary —it is not mandatory, and the license stickers are very small, and are for purposes of identifying stolen bicycles. There is a State law which allows cities to require mandatory licensing of bicycles. Mayor Cormack requested staff look into the possibility of mandatory licensing and report back to the Council. Councilmm Davila also requested Chief Martin to make a report on the number stolen bicycles per month. Mr. Paul Sarvis, 13603 Barlin, indicated he wished to speak about what would happen after recision of the ordinance concerning Redevelo�alt Plan AmendmentNo. 3. He was informed this is an agenda item. Mayor Cormack said the meeting will be adjourned in memory of Sara McCart, former Planning Commissioner, and Jerry Stmmgf, a member of the Traffic Committee. •••Ir• « • 1 •• • t • •• i Council Minutes 9/13/83 -3- 7�2 26 The Ordinance was read by title only. It was moved by Councilman Quinn and seconded by Councilman Jackman to waive further reading and to introduce the Ordinance. Mayor Cormack so ordered the waiver of further reading. The motion to introduce was passed by unanimous vote. Al ORDINANCE OF THE CITY COUNCILOF I OF •• I AIMINGAMMING CHAPTER 7, SECTION1 OF 1 DURMY MUNICIPAL CODE DESIGWING =DIE MANAGEMENT/ •• I •II II/II I• POSITIONS AS PAIC OF E UNCLASSIFIEDEMEIT SEWICE The Ordinance was read by title only. It was moved by Councilman Jackman and seconded by Councilman Quinn to waive further reading and to introduce the Ordinance. Mayor Connack so ordered the waiver of further reading. The :ration to introduce was passed by unanimous vote. RESOLUTIONS RESOLUTION NO. 4298 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, DENYING ZONE VARIANCE NO. 213 (12103 Downey Avenue) 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 Resolution No. 4298. Mayor Cormack so ordered the waiver of further reading. It was indicated a 30-day tore period for compliance will be set f= the date the notice is mailed to the applicant. The motion to adopt was then passed by unanimmus vote. RESOLUTION NO. 4299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF D0WNEY ADOPTING REGULATIONS GOVERNING TAPE RECORDINGS OF COUNCIL MEETINGS AND RESCINDING RESOLUTION NO. 3885 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 Resolution No. 4299. Mayor Cormack so ordered the waiver of further reading. Mr. Shand said he conducted a survey of various cities in the surrounding area of curable population to Downey, which indicated a variety of charges for re- producing tapes. He said the rates are based on staff and overhead. Councilman Davila inquired about using dual recorders for taping meetings in order to eliminate staff time. He then said it appears the public is being dis- couraged from requesting services they might need. He feels the proposed charges in the resolution are excessive. Also, a metro was submitted by the City Clerk indicating a second recording could be made of Council meetings, which could serve as the tape for use by the public. Councilman Davila asked the City Attorney if State law allows staff time to be charged for public use. Mr. Newton replied yes, it is provided for in the Public Records Act. Mr. Shand explained every city surveyed has a different policy on this matter. Mr. Paul Sarvis, 13603 Barlin, questioned whether staff time could be included as reasonable costs as stated in the Public Records Act. He submitted to the Council a copy of the Attorney General's Opinion 80-1006 dated April 1981, noting the Attorney General considers copies of recordings made by the public to be free of charge. He concurred with rescinding Resolution 3885 and requested considera- tion of reducing the costs in the proposed resolution to a reasonable amount. He said the cities of Bellflower, Bell Gardens, Lynwood and Maywood provide these services free; other cities charge considerably less than in the proposed resolution. Mr. Sarvis requested the Council amend the resolution by eliminating a fee for a person using his own equipment to make a copy of a tape, and to reduce the fee to a reasonable rate for using City equipment. Also, if the Council would hold this matter for two weeks, he would be willing to investigate the possibility of obtaining a donation of appropriate equipment for the copying process. Council Minutes 9/13/83 -4- ��2�1 Ms. Terry Lambrose, 9715 Brookshire, suggested a duplicate tape be filed in the Library to be checked out by citizens. Mr. Joel Lubin, 7820 Allengrove, suggested the resolution define what consists of a "page." Also, he inquired about tapes being donated to the Historical Society and was informed the Historical Society has no storage space. Mr. Lubin indicated he feels the proposed charges are unreasonable. Mr. Shand stated a constituent using tapes in the City Clerk's office must be continually observed, and this was part of the basis for arriving at the overhead. Mr. Don Thomas, 13331 Lakewood Boulevard, treasurer of Downey CARES, said he is authorized to advise the Council that unless a reasonable figure is decided upon, his organization will institute litigation to force the issue. Mr. Lennie Whittington, 8542 Manatee, commented regarding the Council Members and City Attorney present at the tore the resolution was adopted in 1980. Also, a ruling on the legality of this matter was obtained from the Attorney General,, and the City has chosen to ignore his ruling. Ms. Jan Tannehill, 11919 Pomering load, offered a solution of using an outside taping service, who would have the finest modern electronic equipment. It was moved by Councilman Davila to amend the motion to delay this matter for further study. There was no second. Councilman Barb inquired about passing the resolution and still investigating other possibilities. Councilman Davila concurred with the suggestion of having a duplicate tape available in the Library. The motion to adopt Resolution No. 4295 was passed by the following vote: AYES: 4 Council Members: Jadwan, Barb, Quinn, COrmack ABSENT: 1 Council Member: Davila With the concensus of the Council, Mayor Conmack directed staff to review the cost for providing duplicate tapes of Council meetings in the Library. RESOLUTION NO. 4300 • • • i w • ■ • 1 •1 i The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Davila to waive further reading and to adopt Resolution No. 4300. Mayor Cormack so ordered the waiver of further reading. The motion to adopt was passed by unanimous vote. Downey Museum of Art Sculpture Placement at Furman Park Mr. Noll G. Thatpson, 7431 No Street, mamber of the Board of Directors of the Downey Museum of Art, requested the City's approval of a sculpture by an artist who will be opening a show in the museum. He distributed for Council perusal photo- graphs of a similar sculpture that has been donated to UCLA. The proposed sculpture would be six feet in diameter, red in color, and will be constructed out of fiberglass. It is requested the City install a six by six foot slab for the sculpture at the outside entrance of the museum. Value of the sculpture would be approximately $25,000. Mr. Thompson invited the Council to attend a reception of the opening of the sculptor's show on Thursday. The sculptor has also indicated a willingness to work with the architect to design a sculpture for the new City Hall. Mayor Cormack asked about the possibility of moving the sculpture in the future if necessary. Mr. Thoupson replied the sculpture is a gift to the Museum of Art and would require action of the Board. It was noted the Council will not be able to attend the reception on Thursday because it conflicts with the retirement dinner for the Mayor -Council Secretary. Council Minutes 9/13/83 -5- V 2� Mr. Thompson said an unveiling of the sculpture is proposed to be held September 28th. He responded to questions regarding location of the sculpture, the cost for the slab, and care of the artwork itself. When a question was raised about the possibility of children climbing on the sculpture, Mr. Tharpson said the City and its employees are covered by the Museum's liability policy. Councilor n Barb indicated it would be a mistake to locate the sculpture in a park near the children's play area. It was moved by Councilman Quinn to approve the donation, including $250. for the installation of concrete. The chair accepted the motion. Councilman JackiT nz concurred with Councilman Barb. Also, he would rather see the Museum place the sculpture inside the building. Councilman Davila indicated he does not believe the sculpture should be in a park but should be on the inside of the building. Mr. Lukman Glasgow, Executive Director of the Downey Art Museum, said Mr. Patriciu bbnteescu is a world class sculpture. He also mentioned that if anyone fell off the structure they would land on the grass, not the slab. He urged the Council to approve the sculpture, noting Downey is the only com<muLity in the south- east area with a museum of art. Councilman Jackman said the sculpture is being donated to the Museum, not the City, and that it should be placed inside the Museum. AYES: 2 Council Members: Quinn, Cornack NOES. 3 Council Members: Jaclanan, Davila, Barb Failed. ect #386 - Lakewood Boulevard, S.S. Project #387 - Firestone Bc Mayor Conmck declared a recess from 9:12 p.m. to 9:18 p.m. The meeting re- sumed with all Council Members present. Mr. Rodger Kobata, landscape architect commissioned by the City to work on the street landscaping for Firestone and Lakewood Boulevards, comented on the basic concept displayed for the Council's perusal, showing what he feels the landscaping will look like when installed. He mentioned the criteria is to use a random and natural pattern of plan material. The landscaping would take into consideration a wood -type monument sign at the City's entrances and street signage for major cross streets. The signs would conform to Caltrans standards. Grass would be used as a ground cover in the larger areas bordered by stanped concrete. The plant materials would be drought tolerant, low maintenance type of landscaping. Mr. Kobata then narrated a slide presentation showing the type of plants proposed to be used. A discussion was held regarding the landscaping in the City of Lakewood. Mr. Kobata mentioned Caltrans does not permit the type of landscaping used in Lakewood. Councilman Barb does not feel Downey should have to carpromi.se what is best for the City because representatives of Caltrans have different ideas. Mr. Kobata commented on the type of trees he feels would be best for Firestone, which he said was submitted to Caltrans and rejected. He said he can submit the plans the Council wants and go from there. Caltrans has agreed with the concept for landscaping, but the plant materials have changed. Councilman Barb prefers the high rounded grass medians so they can be seen. Councilman Davila made a motion to table this matter and send it back to staff for study and if any individual CouncihTen want to have input, take it to staff and let them work it out. Mr. Kobata conmented on the type of landscaping for the left -turn pockets, which were proposed by the Keep Downey Beautiful Conmttee, and this is reflected in the concept. The proposal has been interfaced with the Keep Downey Beautiful Committee and the Recreation Comiissioi, and a tour was taken of the surrounding c o m mities . Staff was directed to continue working of this matter. Council Minutes 9/13/83 -6- It was moved by Councilman Jackman and seconded by Councilman Quinn to re -affirm the bid for moving and storing books and furniture to Trans -California Moving & Storage on Cash Contract #491 - Library Addition, and authorize staff to proceed in accordance 7w1the schedule. Councilman. Barb said he has been to the Library and looked at the ceiling, and he indicated it is not necessary to spend money for a new ceiling. The new addi- tion is a completely separate room, and there is no reason for the two ceilings to look exactly alike. Doors can be installed instead of a sprinkler system. This matter was held to the end of the meeting for a field trip to the Library. Firestone Boulevard Widening Project - Old River School Road to Firestone Mr. Henriksen ccmnented on the proposed widening project which, he said, would allow a much higher degree of safety getting in and out of driveways along the curve on Firestone. Caltrans has set aside sufficient funds to acquire ten feet on both sides of the street in the one block. The major lessee of property in the area, Nowlings Oldsmobile, is in favor of the project. Councilman Barb expressed concern that the widening would shorten the 12-14 foot sidewalk and grass area between the street and the building. He then questioned the need to widen Firestone in this area when the traffic has decreased over the years. Mr. Henriksen said there are plans under way for development on the westerly end of Firestone, as well as further development in South Gate which could stimu- late additional traffic. He responded to further questions regarding the project. It was moved by Councilman Davila, seconded by Councilman Quinn, and passed by the following vote to approve the Firestone Boulevard Widening Project. AYES: 4 Council Members: Jackman, Davila, Quinn, Cormack NOES: 1 Council Nbsnber: Barb Kathy Shoran, 8731 Fifth Street, inquired regarding the number of accidents along Firestone since the widening project is proposed for greater safety. Mr. Henriksen said he does not have statistics but indicated the chances of having an accident on a curve is much greater where the roadway is narrower than the rest of the street. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote that closure of the Manzanar/Santa Ana Freeway Pedestrian Tunnel be deferred until sidewalks can be installed on Boulevard. In the intern staff will continue to monitor the use of the Manzanar Pedestrian Tunnel and will discuss the City s intention to consider the closure with appropriate School District staff. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed unanimous vote to accept the Verification Certification for qualified natures affixed to referendunuu petitions cOnCernlnq Ca ty Ordu7ance No. 723 - It was moved by Councilman Jackman and seconded by Councilman Quinn to rescind Ordinance. No. 723 with the added stipulation and direction of staff to bring back to the Council as soon as reasonably possible a substantially changed Ordinance for consideration. \` • •b �\Y\�rN • 1 • M • 1 • •• 1 The Ordinance 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 introduce the Ordinance. it was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by the following vote to ask staff to bring back for Council consideration another ordinance substantially changed from Ordinance No. 723. Council Minutes 9/13/83 -7- 9�9Ko It was moved by Councilman Davila to amend the motion that in the substantially changed Ordinance the wording eminent domain will be deleted. The motion died for lack of a second. 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 unanimous vote to approve the Agreement with Orrick, Herrington & Sutcliffe to serve as bond counsel for the Civic Center Refunding Issue, and authorize the Mayor to sign the Agreement. It was moved by Councilman Quinn, seconded by Mayor Cormack, and passed by the following vote to authorize staff to draw up a Letter of Agreement stating terms and associated residency requirements necessary for placing a resident/ caretaker on the premises at the Rio Hondo Country Club Maintenance Service Yar Councilman Jackman asked who would be liable if the caretaker is attacked and injured. Mr. Henriksen replied he is an enployee of Mr. Avila. Mr. Newton explained the agreement can provide the caretaker would be on the premises as an employee of Mr. Avila and provide for waiver of liability to the City. Mr. Jarrett camented on the City's responsibility for repairs and alterations to the proposed housing at the maintenance service yard. AYES: 5 Council Members: Jackman, Barb, Davila, Quinn, Cormack It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by unanimous vote to deny the request to file a Pennissive Conditional Use Permit at 9822 Downey -Norwalk Road. The Downey Theatre Rental Rates were held to the next meeting for further information from the Theatre Manager. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to award a unit price contract totaling $136,109 to Ted R. Jenkins of Long Beach for placing of chip seal and slurry seal under S.S. Project 1370/371, and authorize staff to add additional quantities in the amount of 8,900 (Account #26-16370 and 36-16371). Opal Henn thanked the Council for allowing her to speak earlier and mentioned the Rose Float Association extends its thanks to Parks & Recreation for helping with the ice cream socials. Mayor Cormack declared a recess from 10:25 p.m. to 10:46 p.m. for a field trip to the Library. The meeting resumed with all Council Members present. Cash Contract #491, Library Addition Moving & Storage, was held over and staff was directed to come back with more information and figures. ORAL COK4-TNICATIONS - Audience Paul Sarvi.s, 13603 Barlin, speaking on behalf of Downey CARES, expressed con- cern that the Ordinance resmrnk mg Amen ent No. 3 may be a ploy to circumvent the Election Code and to avoid a vote of the people. Mr. Sarvis mentioned the law re- quires a new ordinance be essentially different than the one rescinded, and he outlined what Downey CARES believes would be an essentially different ordinance. Also, Downey CARES would like to help develop a plan and would be willing to meet any time to discuss writing a new ordinance. Diane Boggs, 8629 Meadow Road, speaking as a private citizen, indicated she was encouraged by the Council's comments to Mrs. Henn concerning the Rose Float Association. Joel Lubin, 7820 Allengrove, said he had hoped the issue concerning Plan Amendment No. 3 would go to election. David Ray, 7338 Nada, inquired regarding the agenda item concerning Cigarette Tax Charter City Revenue. He was given a copy of the correspondence. Mr. Ray then asked when a report will be brought back concerning the suggestion to have duplicate tapes of Council Meetings in the Library, and he was told this would be brought back next meeting. Council Minutes 9/13/83 -8- Kathy Shormah, 8731 Fifth Street, asked if other options will be considered regarding duplicate tapes of Council Meetings. Mayor Cormack replied the main option would be to look toward providing dupli- cate tapes in the Library. Joel Lubin favored having a duplicate tape in the Library and feels that turning tapes over to the Historical Society should also be in the Fesolution. He was told this matter is already covered by resolution. Mr. Lubin is opposed to the City's cost for photocopies. ORAL COL& UNICATIONS - City Council Councilman Davila inquired regarding the dings of Council Meetings must be obsery Mr. Shand replied he will provide Councilman Davila with the section number of the Public Records Act, which requires people to be observed. CLOSED SESSION Mayor Cormack recessed the meeting to closed session from 11:01 p.m. to 11:25 p.m. to discuss pending litigation and personnel. The meeting resumed with all Council Members present. ADJOURZENT: 11:25 p.m. The meeting was mourned in mlmry of Sara sioner, and Jerry Stumpf, a der of the Traffil Robert L.-Shand, City Clerk -Treasurer Council Minutes 9/13/83 -9-