HomeMy WebLinkAboutMinutes-04-10-84-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
APRIL 10, 1984
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Res. #4372 presented to William Wanamaker on
his retirement 1
Appeal, Zone Variance #314, 8130 Primrose Ln. Decision cont'd, to next
meeting
Ord. #751, repealing & adding new Art. VIII to
Downey Municipal Code re Uniform Codes to regu-
late Building Construction Adopted
Appeal, Zone Variance #312, 8747-49 Imperial
Minutes: Reg. Mtg., March 27, 1984
Corres. from Dept. Transp. re Bullet Train
Report of Scoping - E.I.S.
Uphold decision of Plan.
Commission & deny appeal
Approved
Filed
CC #518 - Trimming of Various Trees throughout
City: Specs, site selection, & grant auth, to
advertise for bids Approved
1
3
3
4
4
W
Report on Warrants Issued: #211821 - 211863
#316796 - 317067 Approved 4
Appeal, Zone Change #209, 8607 Imperial Hwy.
& vacant lot immediately west thereof Hearing set for April 24 4
Final Box Office Report - Theatre Concert
Series Approved
Res. #4373, Proclaiming Week of April 8-14
as Housing Recognition Week Adopted
Res. #4374, Apprvg. Apptmt. of William J.
Zacker, Jr., as member of L.A. County Reg.
Public Recreation Auth., Dist. 4, to fill
remaining term of former Board Member Adopted
Res. #4375, Apprvg. Apptmt. of Scott E. Temple
to Water Adv. Bd. for Dist. 5, to fill remain-
ing term of former Board Member Adopted
Res. #4376, Apprvg. Apptmt. of Joe Davis to
Water Adv. Bd. for Dist. 4 to fill remaining
tern of former Board Member Adopted
Res. #4377, Apprvg. Apptmt. of David Ray as
Member of Personnel Adv. Bd., Dist. 2 Adopted
Ken Miller re Attorney's fees accrued on
Hospital Issue
4
4
4
4
4
5
5
Ken Miller re Formation of Zone III to
Lighting Dist. 5
Cn. Davila: Motion to include rebuttal in
Communicator re Courthouse Issue Died for lack of a second 5
Cn. Davila demanded City Attorney's resigna-
tion and made motion that he be allow to
appoint attorney of his choice in litigation
resulting from City business Died for lack of a second 5
Page 1 of 2
COUNCIL MINUTES APRIL 10, 1984
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION
Ord. amending DMC re Disorderly Persons Introduced
Pedestrian Safety Report - Old River School Rd.
at Laura St. (West Middle School): Traffic
Committee's redcommendation that further study
be continued thru remainder of school year &
final report & recommendation be subm. during
the summer prior to new school year Approved
Traffic Signal - Clark Av. at Adoree St.:
Turn signal back on and that it continue to
operate until complete traffic study done
surrounding the Century Freeway Approved
Cash Contract #485 - Civic Center, Change
Order #23: Issue "Notice to Proceed" (costs
to be discussed & approved at subseq. mtg.) Approved
Cash Contract #491 - Library Addn., Change
Order #17: Recommend approval to Downey
Civic Center Corp. Approved
PAGE NO.
5
6 —
6
6
6
Firestone Bl. - Demonstration Proj.: Approve
in concept w/documents to come back 4/24 mtg.;
approp. of Block Grant Funds for public
improvements; & co-sponsor Breakfast Business
Seminars w/Small Bus. Adm. & Chamb. Commerce Approved 7
Amendment to Joint Powers Agmt. - SE Area
Animal Control Auth. Held over to next meeting 7
Civic Center Proj.: Addition of block wall
on Nly. end of Civic Center development:
Notice to proceed Approved
Civic Center Proj.: Addition of sink in
print room, incl. water supply line, waste
line to sewer, & vent pipe to outside of
bldg.: Notice to proceed Approved
Ken Miller re whether properties with welfare
exemptions are subj. to special assmts.
Ken Miller re Recordation of Hospital Lease
Lennie Whittington re City Attorney expenses
for law suits against City
Diane Boggs re City's legal fees
David Ray re approval of budget and seating
of new Council
Closed session re pending or potential
litigation
In closed session Council authorized settle-
ment of legal claim
G
7
7
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7
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Page 2 of 2
MINUTES OF THE CITY COUNCIL
OF THE CITY OF OOWNEY
APRIL 10, 1984
The City Council of the City of Downey held a regular meeting at 7:30 p.m.,
April 10, 1984, in the Council Chamber of the Downey City Hall, Mayor Robert G.
Cormack presiding.
PRESENT: Council Members:
Robert G. Cormack Mayor
Ted 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
Lee Powell, Director of Administrative Services
William F. Martin, Police Chief
Don Davis, Fire Chief
James R. Jarrett, Acting Director of Community Services
Harald J. Henriksen, City Engineer
Francis E. Carter, City Planner
Scot Yotsuya, Assistant to the City Manager
Jake Wager, Rehabilitation Specialist
Robert L. Shand, City Clerk -Treasurer
INVOCATION AND FLAG SALUTE
The Invocation was delivered by Dennis Canther, Associate Minister, Seventh Day
Adventist Church. The Flag Salute was led by Councilman Davila.
PRESENTATIONS
Mayor Cormack presented Resolution No. 4372 to Mr. William R. Wanamaker,
commending him on his retirement and for his many contributions to the City.
HEARINGS
Mayor Cormack opened the hearing on Appeal to Zone variance No. 314, 8130
Primrose Lane, which was continued from the regular meeting of March 27, 1984. 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. Cutts reported on an appeal filed by residents in opposition to the
granting of a zone variance by the Planning Commission. The requested variance was
to allow for the establishment of a legal lot of 5500 square feet in an RI 7500 zone
for property illegally created, and to approve a lot line adjustment of six feet on
the abutting property at 9732 Orizaba Avenue. The lot was illegally created many
years ago when it was formerly a portion of the lot to the east. Previous owners
have attempted to legalize the lot, but each time they were denied. The new owner
proposes to acquire additional property from an abutting lot to the west in an
effort to increase the lot area to 5500 square feet, the equivalent of Downey's
minimum lot size for residential.
Mayor Cormack inquired if the City Clerk had received any correspondence, and
the response was no.
A question was raised as to whether the property owners were able to reach a
decision on this matter.
Mr. Cutts explained a letter was sent by Mr. Biller to the owners of property
along Primrose Lane offering the property to them, but that they were unable to
reach Mr. Biller in order to negotiate the terms.
Mayor Cormack asked the applicant to come forward and present his case.
Council Minutes 4/10/84 -1-
Mr. Doyle Biller, 9910 Birchdale Avenue, explained the circumstances concerning
the creation of the illegal lot size in 1962 and the plan to bring the lot up to
5500 square feet. He described the lot sizes and zoning of the surrounding
properties on Primrose Lane. The size of his lot would permit the building of a
two -car garage, with 30 feet between the garage and the face of the private street
for offstreet parking, and a home up to 2000-2100 square feet, which he feels is
adequate to fit in with the neighborhood and quality of the existing homes. He was
approached by the owner at 9732 Orizaba, who requested that he build a home on the
lot and offered to work with him toward increasing the lot size which would make his
home more secure. Mr. Biller requested the Council's approval of the Planning
Commission's decision. He responded to questions regarding the setbacks of the
adjacent lot and his plans to add a portion of that property to his own, as well as
his offer to sell the property to the adjoining owners.
Mr. Merlin Evans, 8586 Suva Street, an associate of Mr. Biller's, said the
addition of a house would add to the tax rolls and improve the street. He
encouraged the Council to approve the zone variance.
Alda Sichting, 10434 Casanes, member of the Downey Board of Realtors, favored
the project as an asset to the City.
There being no one else to speak in favor, Mayor Cormack asked if anyone wished
to speak in opposion to the variance and in favor of the appeal.
Mr. Joe Peck, 8144 Primrose Lane, said he received an offer on the property but
there was no amount stated. Also, Mr. Biller knew it was an illegal lot when he
purcnased the property. He feels the zoning laws in the City are fair and should be
upheld. He suggested if a house is built, that there should be ingress and egress
to Orizaba Street through the property to the rear.
Mr. Bob Ethridge, 8133 Primrose Lane, is opposed to the zone variance because
it sets a dangerous precedent for future development in the City by going against
the master plan. He commented on his discussion with Mr. Biller concerning sale of
the property. He encouraged rejection of the zone variance.
Mrs. Suzanne Ethridge, 8133 Primrose Lane, indicated her willingness to
purchase the lot but mentioned she has been unable to learn the details concerning
the purchase price, etc. She commented regarding the traffic hazard that exists
with the location of the driveways on the street, which is a cul-de-sac, and she
feels another home on the street would create even a further,traffic hazard.
There being no one else to speak in opposition, rebuttal time was granted to
the applicant.
Mr. Biller commented regarding his offer to the Ethridges to purchase the
property in 1979 but that he received no response.
It was moved by Councilman Barb, seconded by Councilman Quinn, and passed by
unanimous vote to close the hearing.
Mayor Cormack would like to see the parties reach a reasonable settlement.
It was moved by Councilman Jackman to grant the appeal. The chair accepted the
motion.
During discussion, the applicant and appellants indicated their willingness to
confer further concerning settlement of this issue.
The motion and second were withdrawn.
It was moved by Councilman Barb, seconded by Councilman Quinn, and passed by
unanimous vote to continue the decision to the next meeting.
Mayor Cormack opened the hearing on proposed Ordinance establishing Uniform
Codes to regulate Building Construction. 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. Cutts explained the proposed new building code regulations concerning all
local laws regulating construction of a building.
Council Minutes 4/10/84 -2-
Mayor Cormack inquired if the City Clerk had received any correspondence, and
the response was no.
There being no one present to speak concerning the proposed Ordinance, it was
moved by Councilman Jackman, seconded by Councilman Quinn, and so ordered to close
the hearing.
ORDINANCE NO. 751
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, REPEALING
THE PROVISIONS OF ARTICLE VIII, OF THE DOWNEY MUNICIPAL
CODE, AND ADDING A NEW ARTICLE VIII THERETO
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 adopt.
AYES: 4 Council Members: Jackman, Barb, Quinn, Cormack
ABSTAIN: 1 Council Member: Davila
Mayor Cormack opened the hearing on Appeal to Zone Variance No. 312, 8747-49
Imperial Highway. 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. Cutts reported on the zone variance request to expand an existing apartment
complex from 30 to 32 units and reduce the required number of off-street parking
spaces. The conversion had already occurred before the variance was filed. The
proposal is the legalize two additional rental units which had been constructed
without a building permit and included converting a two -car garage into a den, as
well as a portion of a one -car garage into a laundry room. The required number of
parking for 32 units is 72 off-street spaces, with 64 spaces being covered --eight
spaces would be for guest parking. With the addition of two new units, four
additional parking spaces would have to be added to meet the City's code.
Mayor Cormack inquired if the City Clerk had received any correspondence, and
the response was no.
The applicant was asked to come forward and present his case.
Mr. Ronald W. Fitzgerald, 3333 South Brea Canyon Road, Diamond Bar, attorney
representing the applicant, explained garage #37 has not been converted --it is still
a garage. However, garage #41 was converted, but they would be willing to comply
with the Council's decision. He questioned the indication that four additional
parking spaces would be needed when at the Planning Commission hearing it was
indicated 32 additional spaces are required. The conversion took place at least
three owners prior to the current owner. Mr. Fitzgerald mentioned the conversion
changed the interior of the complex --there were no external changes made. Two
tenants would have to be evicted in the event the variance is not granted. They are
not aware of any opposition to the variance. The complex is comprised of one
bedroom units, which have a minimum amount of parking needs. He pointed out the
complex exceeds the parking requirements which were in effect at the time it was
built.
--- Mr. Pat Theodora, 4340 Via Friscati, Rancho Palos Verdes, the applicant, said
there are 41 parking spaces, garages, and carports. The laundry room was not
converted from a parking space into a laundry room. There has been no opposition to
his request for a variance nor has there been any opposition to the parking. He
submitted petitions from tenants of the complex requesting approval of the variance,
as well as a letter from Gran Decor Florists, located across Imperial.
Mr. George Strane, 1509 Alpine Drive, West Covina, one of the previous owners
of the property just prior to Mr. Theodora, assured the Council that he had no
knowledge there had been a conversion which was not permitted. During the time he
owned the property, there was never an indication of a parking problem nor any
complaints from tenants or the neighboring area.
Council Minutes 4/10/84 -3-
�` 65
Mrs. Mary Sandell, 8749 Imperial Highway, Manager of the complex for two years,
said the tenants have stated there are no parking problems. She questioned how the
two units would be used if they have to be vacated to make room for further parking.
There being no one else to speak in favor and no one to speak in opposition, it
was moved by Councilman Quinn, seconded by Councilman Jackman, and so ordered to
close the hearing.
It was moved by Councilman Barb, seconded by Councilman Jackman, and passed by
the following vote to uphold the decision of the Planning Commission and deny the
variance.
Councilman Quinn indicated he is in favor of the variance because the property
owner came to the City to see what he could do to bring the property up to legal 32
units.
AYES: 3 Council Members: Jackman, Barb, Cormack
NOES: 1 Council Member: Quinn
ABSTAIN: 1 Council Member: Davila
VAL OF ITEMS FROM CONSENT CALENDAR: None
CONSENT CALENDAR
It was moved by Councilman Barb, seconded by Councilman Jackman, and passed by
the following vote to approve the Consent Calendar:
Minutes: Regular Meeting of March 27, 1984.
Correspondence from Department of Transportation regarding Bullet Train Report
of Scoping - Environmental Impact Statement.
Cash Contract #518 - Trimming of Various Trees throughout the City:
Specifications, site se ection, and grant authority to advertise or bids.
Report on Warrants Issued: #211821 - 211863• #316796-317067: $1 603 362.03.
Appeal to Zone Change Case No. 209, 8607 Imperial Highway and vacan
immediately west thereof: Set hearing for 7:30 p.m., April 24, 1984, in
Chamber of the Downey City Hall.
Final Box Office Report for Theatre Concert Series.
RESOLUTION NO. 4373
A RESOLUTION PROCLAIMING THE WEEK OF APRIL 8 - 14, 1984,
AS HOUSING RECOGNITION WEEK
RESOLUTION NO. 4374
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF WILLIAM J. ZACKER, JR., AS
A MEMBER OF THE LOS ANGELES COUNTY REGIONAL PUBLIC
RECREATION AREA AUTHORITY FOR COUNCILMANIC DISTRICT FOUR
TO FILL THE REMAINING TERM OF FORMER BOARD MEMBER
RESOLUTION NO. 4375
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF SCOTT E. TEMPLE TO THE
WATER ADVISORY BOARD FOR COUNCILMANIC DISTRICT FIVE
TO FILL THE REMAINING TERM OF FORMER BOARD MEMBER
RESOLUTION NO. 4376
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF JOE DAVIS TO THE WATER
ADVISORY BOARD FOR COUNCILMANIC DISTRICT FOUR TO FILL
THE REMAINING TERM OF FORMER BOARD MEMBER
cil
Council Minutes 4/10/84 -4-
�yo6
RESOLUTION NO. 4377
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF DAVID RAY AS A MEMBER OF
THE PERSONNEL ADVISORY BOARD OF COUNCILMANIC DISTRICT TWO
AYES: 5 Council Members: Jackman, Barb, Davila, Quinn, Cormack
ORAL COMMUNICATIONS - Items not on Agenda
Mr. Ken Miller, 7336 Cleargrove Drive, requested release of information
concerning Attorney's Fees accrued regarding the Hospital issue.
Mayor Cormack stated the correspondence is marked Confidential -Attorney Client
Priviledge, and he asked if the Council would elect to release the figures contained
in the correspondence.
Councilmen Jackman, Barb, and Quinn each indicated they would not be willing to
release the information at this time in view of the pending investigation now in
progress by an attorney retained by the City.
_�AU'It
Councilman 4&cl�, is willing to waive the attorney -client priviledge on this
matter.
Mr. Miller feels the public has a right to know what the fees are.
Mr. Miller inquired if the Council has changed its mind with regard to
authorizing staff to move forward concerning Formation of Zone III to the Lighti
District.
Mr. Ovrom explained staff is currently conducting its review of the lighting
district, as well as preparing the Budget, which appears to be in better condition
than first anticipated. Therefore, the lighting district will be reviewed on an
equity basis but not as an answer to a financial crisis.
Mr. Miller requested the Council to authorize an audit of the funds to
ascertain how they have been used in the past so that true equity can be
established.
Mayor Cormack directed staff to conduct an investigation as to how extensive it
would have to be.
Councilman Barb said the Council ordered staff to set a date for a public
hearing to form a lighting district, and that would be the time to speak to the
issue. He then made a motion that staff not conduct an investigation. There was no
second.
It was moved by Councilman Barb and seconded by Councilman Quinn to go forward
with the remainder of the Agenda.
It was moved by Councilman Davila, seconded by Councilman Barb, and passed by
unanimous vote to make an amended motion to allow the City Council to have Oral
Communications before moving on to the rest of the Agenda.
Councilman Davila said staff has sent its comments regarding the Courthouse
Issue to the Communicator, and he made a motion, whereby he will be able to include
a rebuttal in the Communicator. The motion died for lack of a second.
Councilman Davila demanded the City Attorneys resignation. He clarified his
remark by saying he does not feel he is getting proper advice. He then made a
motion that he have the same priviledge as the rest of the Council and be able to
appoint an attorney of his choice to represent him in any litigation resulting from
City business. Motion died for lack of a second.
ORDINANCES
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING ARTICLE IV, CHAPTER I, BY ADDING SECTION 4100
RELATING TO DISORDERLY PERSONS
Council Minutes 4/10/84 -5-
2�6q
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.
RESOLUTIONS: None
ADMINISTRATIVE REPORTS
It was moved by Councilman Barb, seconded by Councilman Davila, and passed by
unanimous vote to approve the Traffic Committee's recommendation that the Pedestri
Safet Re ort - Old River School Road at Laura Street West Middle School) be
continued or further study throng the remainder of the school year, and that a
final report and recommendation be submitted during the summer prior to the new
school year.
It was moved by Councilman Jackman and seconded by Councilman Quinn to approve
the Traffic Committee's recommendation concerning the Traffic Signal Report - Clark
Avenue at Adoree Street, that this matter be continued for Turther study through the
remainder of th_e7s_c_Fo_o7 year, and that a final report and recommendation be
submitted during the summer break prior to the new school year.
Councilman Barb mentioned there have been requests from the school, the church,
and residents in the area to reinstate the signal, which has been turned off. He
suggested that in view of the minimal annual cost to operate the signal and due to
the fact that a child was struck by a vehicle while attempting to cross the street,
the signal should be turned back on and no further action taken until a complete
traffic study is done after construction of the Century Freeway.
The motion and second were withdrawn.
It was moved by Councilman Barb, seconded by Councilman Davila, and passed by
unanimous vote to turn the signal back on at Clark Avenue and Adoree Street and that
it continue to operate until a complete traffic study has been done surrounding the
Century Freeway.
It was moved by Councilman Barb, seconded by Councilman Quinn, and passed by
the following vote to issue a "Notice to Proceed" on the items contained on Change
Order #23 under Cash Contract #485 - Civic Center, so that work may proceed. The
cost involved can then be discussed and approved at a subsequent meeting.
Mr. Ralph explained at the time of preparing the recommendation, staff still
had not agreed to all of the costs for the items requested. However, as of today,
the prices as shown are final, and it requested the motion be changed to approve the
extra work.
wire. Mayor Cormack expressed concern regarding the $9,000 price for low voltage
Mr. Ralph indicated that between now and the next meeting he will show the
work -up sheets to the Mayor.
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 recommend to the Downey Civic Center Corporation that Change Order
#17 under Cash Contract #491 - Library Addition, be approved, reserving the C1 y B—
right to any claim against the responsib e party for the change order.
Firestone Boulevard - Demonstration Project
Mr. Mark Hall, Principal -in -Charge, with Archiplan, 17350 Sunset Boulevard,
Pacific Palisades, described the overall project on the Firestone Boulevard corridor
across the entire City. He commented on the project scheduled for the area between
Downey and LaReina Avenues, which consists of improvements to the buildings and
parking lots to the rear. The public improvements include sidewalks, crosswalks,
median areas, and the partial closure of LaReina. He discussed the architectural
theme of the commercial revitalization, which would be consistent throughout the
entire area. Responding to questions, he explained the idea would be to treat the
block as a shopping center and to have the merchants work together with the City
through the entire block.
Councilman Barb questioned why this particular block was selected.
Council Minutes 4/10/84 -6-
It was explained by Mr. Cutts that the owner of Net Electronics consented to
work with the City on this matter, and he owns approximately six shops in the
area. Staff has talked to several other property owners, and it is hoped something
can be worked out with them as well. He mentioned what is offered is a low interest
loan program through a lending institution. Mr. Cutts commented regarding the
estimated costs for private and public improvements.
It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by
unanimous vote to approve the proposed Demonstration Project in concept, with the
understanding that the legal documents will be brought back at the April 24th
meeting; to appropriate $242,922 of Block Grant Funds for public improvements in the
Demonstration Project Area; and to approve co -sponsoring the Breakfast Business
Seminars with the Small Business Administration and the Downey Chamber of Commerce.
At the request of the City Manager, the Amendment to Joint Powers Agreement -
Southeast Area Animal Control Authority, was held over to the next meeting.
Mr. Ralph reported on two additional items: One is a request of the neighbors
just north of the Civic Center project for a block wall on the northerly end of the
Civic Center develo men;. He mentioned that if the work had been done by a private
con-t-ra-c-t-o-r-t-he—w-5T wd have been required. It is felt it would cost
substantially less to do the work now with the landscaping rather than waiting and
considering it later. Staff has been attempting to negotiate with the offsite
improvement contractor to come up with a price. The second item concerns the
ommision on the part of the architect for a sink in the print room, which includes a
water supply line,a waste line to the sewer, and a vent i e to the outside of the
building. The contractor has not submitted a price for the work because the
architect did not request it, even though this was discussed with the architect
sometime ago.
Mayor Cormack questioned whether a wall would be necessary.
Mr. Henriksen explained there will be an employee parking lot adjacent to the
apartment complex.
Mr. Ralph estimated the cost for the wall would be around $20,000-25,000. He
said if it is much more than that they will be looking for bids elsewhere.
It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by
unanimous vote to approve a "Notice to Proceed" on both items as requested.
ORAL COMMUNICATIONS - City Council: None
ORAL COMMUNICATIONS - Audience
Mr. Ken Miller, 7336 Cleargrove Drive, said there was a question as to whether
properties that have welfare exemptions are subject to special assessment; and he
has been informed by the County they are being reappraised on the possessory
interest, whereas if they maintain their tax exempt status and qualifications for
the welfare exemption, they are not subject to regular taxes. However, according to
case law, they are subject to special assessments such as street lights, sanitation
districts, etc., and he feels they should be paying it rather than the City.
Mr. Miller then asked whether the Hospital Lease has been recorded. He cited
uires re
Section 37393 of the Government Code, which reqcording of a lease.
Mr. Newton responded the statute is not determined by the legislature to be a
matter of Statewide signifigance and uniformity and does not apply to charter
cities.
Mr. Lennie Whittington, 8542 Manatee, commented regarding City Attorney
expenses for law suits against the City. He raised questions concerning attorney
charges levied on his law suit against the City and indicated the City should be
reimbursed for time charged but not spent.
Diane Boggs, 8629 Meadow Road, also expressed concern regarding the City's
legal fees.
Mr. David Ray, 7338 Nada, inquired whether the new Budget will be approved
before the new City Council is seated, and the response was yes.
Council Minutes 4/10/84 -7-
CLOSED SESSION
The meeting was recessed to closed session from 11:20 to 11:28 p.m. to discuss
pending or potential litigation. The meeting resumed with all Council Members
present.
Mayor Cormack announced that in closed session the Council authorized
settlement of a claim.
ADJOURNMENT: i1:28 p.m.
�1ty,�
Robert L. Shand, City Clerk -Treasurer
Council Minutes 4/10/84 -8-