Loading...
HomeMy WebLinkAboutMinutes-04-24-84-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 24, 1984 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Mayor Cormack commented on attendance at celebration for loth Annual Meals on Wheels 1 Commendations for Life Saving Rescue to Francisco Avila, Les Bourell & Mike Perkins 1 Proclamation re Week of April 22-28 as Keep America Beautiful Week 1 Proclamation re April 24 as Federation Day 1 Proclamation re April 29-May 6 as "Days of Remembrance of Victims of the Holocaust" 1 Appeal, Zone Change #209, 8607 Imperial Hwy. Staff to bring back & vacant lot immediately west thereof. proposal f/study of Imperial Hwy. 4 Removal of Items from Consent Calendar 4 Minutes: Regular Meeting of April 10, 1984, as corrected Approved 4 CC #519, 8" & 12" Water Main - Firestone Bl. at West City Limits: Plans, specs & grant auth, to Water Div. to advertise for bids Approved 4 Report on Warrants Issued: #211864 - 211908 #317068 - 317296 Approved 4 Contract Renewal - Fire Protection Engineer: Renew for one year Approved 4 Statement of Community Dev. Objectives for fiscal year 1984-85: Auth. City Mgr. to submit Stmt. of Objectives & Projected Use of Funds & execute all necessary documents in conjunction with 1984-85 Comm. Dev. Block Grant Appl. Approved 4 Demonstration Project - Architectural Agmt.: Auth. Mayor to sign Archiplan Agmt. conditional upon receipt from Archiplan of Cert. of Ins. for errors & omissions liability in amount acceptable to City Attorney Adopted 4 Amendment to Joint Powers Agmt. - SE Area Animal Control Auth.: Cont'd. to 5/8/84 4 Res. #4378, Apprvg. Reapptmt. of Lynn Foster as Downey's rep. to Metropolitan Cooperative Library System Adv. Bd. Adopted 5 Res. #4379, Proposing to annex into Ltg. Dist. AD 121 & ordering City Traffic to prepare & file report (Annex. 84/02-84/28) Adopted 5 Res. #4380, Apprvg. City Traffic Engineer's Report (Annex. 84/02-84/28) Adopted 5 Res. #4381, Declaring Intent to annex into Ltg. Adopted; sets hrg. Maint. Dist. AD 121 (Annex. 84/02-84/28) for 5/22/84 5 Page 1 of 2 COUNCIL MINUTES, APRIL 24, 1984 TABLE OF MINUTES ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #4382, Denying Zone Variance #312 (8747-49 Imperial Hwy.) Adopted 5 Res. #4383, Concurring w/Provisions of 1984-86 Job Training Plan Developed by SE Los Angeles County Private Industry Council under Provisions of Federal Job Training Partnership Act & the Family Economic Security Act Adopted 5 Funding for Cerritos Corridor Juvenile Diversion Proj.: Ref. to staff 5 Req. for Permissive C.U.P. - Dept. of Water & Power R/W from Santa Ana Fwy. South to Otto St. Denied 5 Contractural Agmt. with Howard F. Stup & Assoc.: Final invoice Approved 6 Change in Compensation, City Prosecutor Contract Approved 6 Gift of Ultralight Aircraft from Elmo Lawson Accepted 6 Ken Miller re Attorney's fees accrued re Info to be released Hospital issue to public 6 Lennie Whittington questions re taxpayers costs have another attorney review City Attorney fees incurred on Hosp. issue Approved 7 Ken Miller re Press Conferences 7 Ord. #752 re Disorderly Persons Adopted 7 Agmt. with RTD to purchase Olympic Bus Tokens Approved 7 CC #485, Civic Center - Change Order #23: Recommend approval by Civic Center Corp., reserving right to claim against responsible party for change order Approved 8 CC #516, Civic Center Site Imprvmts. - Change Order #1: Recommend Civic Center Corp. approval Approved 8 Civic Center Telephone System - Change Order #1: Auth, staff to provide E.C.I. w/Notice to Proceed Approved 8 Project to widen Santa Ana Fwy. bet. 605 Fwy. & Orange County Line & direct staff to prepare letter for Mayor's signature supporting this proposed project Approved 8 Green Fee & Cart Rental Increases at Rio Hondo Golf Course, effective May 7, 1984 Approved 8 Zone Variance #314, 8130 Primrose Lane No action; Planning Comm. decision final 9 Res. #4384, Consenting to Joint Public Hrg. with Comm. Dev. Comm. to consider formal adoption of Adopted; sets hrg. revised Redev. Plan Amndmt. #3 for 5/29/84 9 Cn. Davila req. Council action supporting Police Staff to draft Dept. issuing citations to uninsured motorists letters 10 Closed session re pending or potential litigation 10 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 24, 1984 The City Council of the City of Downey held a regular meeting at 7:30 p.m., April 24, 1984, in the Council Chamber of the Downey City Hall, Mayor Robert G. Cormack presiding. PRESENT: Council Members: Robert G. Cormack Mayor Randall R. Barb Bob Davila James T. Quinn ABSENT: Ted H. Jackman Mayor Pro Tem (Excused) 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 Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend Joe Grana, First Christian Church. The Flag Salute was led by Councilman Quinn. PRESENTATIONS Mayor Cormack commented on his attendance at a luncheon celebrating the Tenth Annual Meals on Wheels and said he was encouraged to see the large number of people from various organizations donating their time. Mayor Cormack presented Commendations for Life Saving Rescue to Francisco Avila, Les Bourell, and Mike Perkins. Mayor Cormack presented a Proclamation to Dr. Gary McCaughan proclaiming the Week of April 22-28 as Keep America Beautiful Week. Mayor Cormack presented a Proclamation to Fran Smith, V.P. of Los Cerritos District Federation of Women's Clubs, proclaiming April 24th as Federation Day. Mayor Cormack presented a Proclamation to Gerald Altman, liaison with U.S. Holocaust Memorial Council, proclaiming April 29 - May 6, 1984, as "Days of Remembrance of Victims of the Holocaust." HEARINGS Mayor Cormack opened the hearing on Appeal to Zone Change Case No. 209, 8607 Im erial Highway and vacant lot immediate y west thereof. He inquired if - the City C erk had the Proof of Publication, and the response was yes. It was so ordered to receive and file the Proof. Mr. Cutts reported on the Council's previous action to approve Zone Change No. 200, which changed the zoning from R1-5000 to C-P (Professional Office), although the original application was for C-1 zone. The property owner is now requesting a zone change to C-2 (General Professional Office Zone). The parcel at 8603 Imperial is vacant but was previously developed with a single family residence, which was demolished in 1978. Mr. Cutts commented on the development of surrounding properties and said the General Plan designates the subject property, as well as adjoining property on the north side of Imperial Highway, as medium density residential. He said if the Council Minutes 4/24/84 -1- 9g11 applicant is allowed to change the zone to C-2, the code would permit development of general commercial uses, with a wide variety of goods and services for residences of the entire City. The Planning Commission has recommended denial of the change of zone and under separate action recommended the City Council consider the possibility of providing a study of land uses and possible changes to the General Plan regarding Imperial Highway from the west City limits to Lakewood Boulevard. It is staff's recommendation that the Council hold the public hearing and direct staff to send out requests for proposals to consulting firms to study the land uses and associated General Plan for Imperial Highway from the west City boundary to Lakewood Boulevard and to adopt a Resolution denying a request to amend the Comprehensive Zoning Map. Mayor Cormack inquired if the City Clerk had received any correspondence, and the response was no. Mayor Cormack asked the applicant to come forward and present his case. Mr. Ed DiLoreto, 7333 Rio Flora Place, requested a zone change from C-P to C-2. He commented regarding the previous zone change concerning the property, noting at that time he had a prime client, Data Impressions, interested in establishing its permanent quarters in the City, but mentioned that because of delays, the principals could no longer wait. He requested approval of his zone change request, noting the unauthorized use of his vacant lot by people parking or attempting to sell their vehicles. Mr. DiLoreto introduced Mr. Mel Pearson, who has conducted a study of Imperial Highway. Mr. Mel Pearson, business address 8607 Imperial Highway, commented on the study he made of Imperial Highway both east and west of the subject property, which he said clearly shows Imperial is heavily integrated with commercial businesses and residential. There being no one else to speak in favor, Mayor Cormack asked if anyone wished to speak in opposion. - Mr. Larry Hoag, 7730 Fourth Place, owner of property to the west and north of the subject property, said he has also made a survey of Imperial in the immediate area, which he indicated is essentially residential. He commented regarding the number of properties in the area developed with apartments and of the liquor store on the corner of Brookshire and Imperial, which was granted under zone exception in 1972. Mr. Hoag expressed further opposition to the requested change of zone, noting the subject property is completely surrounded by residential properties and approval would be spot zoning and contrary to the General Plan. There being no one else to speak in opposition, rebuttal time was granted to the applicant. Mr. DiLoreto explained that out of the 115 property owners receiving notice of the requested zone change, only one has objected. Also, he has received two dozen letters of residents in favor of his request, many of whom reside in the apartment building owned by the objector. He cited further correspondence in favor of his request. It was moved by Councilman Barb and seconded by Councilman Quinn to close the hearing. At this time Mr. David Ray requested an opportunity to address the Council in hopes of adding clarity to the situation rather than speaking in favor or in opposition. Mr. Newton explained the burden of proof is on the applicant, and if Mr. Ray's testimony is in oppposition, it would be necessary to provide the applicant with an opportunity to rebut any testimony of that nature. Mr. David Ray, 7338 Nada, said this matter has been an ongoing problem for the last eight months, and he mentioned that he drives past the property every day and has seen various vehicles parked on the vacant lot. There is the apartment complex next door, Beto's Liquor, and the commercial building, and of the three parcels, the liquor store and commercial building are well maintained. He does not feel Mr. DiLoreto would build anything that would be adverse to the City. Council Minutes 4/24/84 -2- Mr. DiLoreto was asked if he felt the need to rebut any comments of Mr. Ray. He said he was pleased with Mr. Ray's comments but pointed out that commercial properties along Imperial do abut residential property, they are not 45 feet away. It was moved by Councilman Quinn, seconded by Councilman Barb, and so ordered to close the hearing. It was moved by Councilman Davila and seconded by Councilman Quinn to accept the appeal for a C-2 zone and direct staff to prepare the proper ordinance. Councilman Barb said this case is a difficult one in thatthe property needs to be developed. He mentioned the City has a General Plan to prohibit hodge-podge development in the community, which he feels is a key issue. Councilman Barb stated that as difficult as this situation is, he would have to support the Code, staff, and citizens that serve on the Planning Commission. Councilman Davila does not feel approval of the zone change would create a problem. He does concur with a review of the General Plan but does not feel vacant property should sit unused. Councilman Quinn favors granting the C-2 zone for this property. Mayor Cormack said he has been a long-time friend of the DiLoreto family, and he feels his action could be measured as a conflict of interest. There- fore, he indicated, he will abstain from voting on this matter. Councilman Barb said due to the fact that Councilman Jackman is absent and since Mayor Cormack has indicated he will abstain, he made a motion to table this matter. The chair accepted the motion. Roll call vote on the motion to table. AYES: 2 Council Members: Barb, Cormack NOES: 2 Council Members: Davila, Quinn ABSENT: 1 Council Member: Jackman Mr. Newton said a 2-2 vote is no action, the motion does not pass. It was explained there is still a motion on the floor to accept the appeal and direct staff to prepare an ordinance, which can pass on a 2-1-1 vote. However, action on the ordinance would require three votes. Mayor Cormack declared a recess from 8:40 p.m. to 8:43 p.m. The meeting resumed with Council Members Barb, Davila, Quinn, Cormack present; Council Member Jackman absent. Councilman Barb expressed concern regarding Mayor Cormack's intention to abstain from voting due to a conflict of interest. He indicated he feels a conflict of interest, as described by law, has to do with receiving compensation. Also, most of the Council Members have known Mr. Hoag and Mr. DiLoreto for many years, as well as others who have appeared at hearings before the City Council. He feels the Council Members should vote their feelings. Councilman Davila said a Council Member should be able to vote according to his own conscience, and if he wishes to abstain, that should be his decision to make. Roll call vote on the motion to accept the appeal and direct staff to prepare a proper ordinance: AYES: 2 Council Members: Davila, Quinn NOES: 2 Council Members: Barb, Cormack ABSENT: 1 Council Member: Jackman The 2-2 vote constituted no action. Mayor Cormack directed staff to make a study of Imperial Highway in this area so that spot zoning can be discontinued. Council Minutes 4/24/84 -3- M) During discussion, Mayor Cormack indicated he feels the most critical area for the study is on Imperial Highway between Downey Avenue and Lakewood Boulevard. Mr. Newton explained that if no other action is taken with regard to the application for zone change, which was denied at the Planning Commission level, then the appeal would fail --the Planning Commission's decision would become final. Mr. Cutts mentioned any proposal for a study would have to come back to the Council for approval, and at that time, it will be known what the cost will be. Mr. Newton suggested the Council may wish to table this matter pending completion of a study. That, he said, would preserve this proceeding so the Council could act upon it at a later date without requiring a new hearing. It was moved by Councilman Davila to move on. Mayor Cormack said unless there is an overruling of the chair, staff has been directed to bring back a proposal for a study. REMOVAL OF ITEMS FROM CONSENT CALENDAR Mr. Shand noted a correction to.the Minutes, Regular Meeting of April 10, 1984, as follows: On Page 5, the fourth paragraph under Oral Communications should read "Councilman Davila" instead of "Councilman Barb." Agenda Items VIII-B-1, Correspondence regarding funding for Cerritos Corridor Juvenile Diverson Project; VIII-F-1, Request for Permissive Use Permit - Department of Water & Power; VIII-F-2, Contractural Agreement - Howard F. Stup & Associates; and VIII-F-7, Acknowledgment of Gift - Ultralight Aircraft, were removed from the Consent Calendar. At the request of Lennie Whittington, Agenda Item VIII-F-4, Change in Compensation - City Prosecutor Contract, was also removed from the Consent Calendar. CONSENT CALENDAR It was moved by Councilman Quinn, seconded by Councilman Davila, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Regular Meeting of April 10, 1984, as corrected. Cash Contract #519, 8" and 12" Water Main - Firestone Boul City Limits: Plans, specifications, and grant aut ority t Division to advertise for bids. rtonW - 211908; #317068 - 317296: Contract Renewal - Fire Protection Engineer: Renew for one year. Statement of Community Development Objectives for Fiscal Year 1984-85: Authorize the City Manager to submit Statement of Objectives and Projected Use of Funds and execute all necessary documents in conjunc- tion with the Fiscal Year 1984-85 Community Development Block Grant Application. Demonstration Project - Architectural Agreement: Authorize Mayor to sign Archip an Agreement on behalf of the City of Downey, conditional upon receipt from Archiplan of a Certificate of Insurance for errors and omissions liability in an amount acceptable to the City Attorney. Amendment to Joint Powers Agreement - Southeast Area Animal Control Authority: Continue to May 8. 1984_ Council Minutes 4/24/84 -4- RESOLUTION NO. 4378 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF LYNN FOSTER AS DOWNEY'S REPRESENTATIVE TO THE METROPOLITAN COOPERATIVE LIBRARY SYSTEM ADVISORY BOARD RESOLUTION NO. 4379 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROPOSING TO ANNEX CERTAIN AREAS INTO THE LIGHTING DISTRICT A.D. 121 AND ORDERING THE CITY TRAFFIC ENGINEEER TO PREPARE AND FILE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1974 (ANNEXATION 84/02 THROUGH 84/28) RESOLUTION NO. 4380 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE CITY TRAFFIC ENGINEER'S REPORT FOR THE ADDITION TO LIGHTING MAINTENANCE DISTRICT A.D. 121 OF ANNEXATIONS 84/02 THROUGH 84/28 RESOLUTION NO. 4381 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARIING ITS INTENTION TO ANNEX INTO THE LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES (ANNEXATIONS 84/02 THROUGH 84/28) (Sets the hearing for 7:30 p.m., May 22, 1984) RESOLUTION NO. 4382 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, DENYING ZONE VARIANCE NO. 312 (8747-49 Imperial Highway) RESOLUTION NO. 4383 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONCURRING WITH THE PROVISIONS OF THE 1984-1986 JOB TRAINING PLAN DEVELOPED BY THE SOUTHEAST LOS ANGELES COUNTY PRIVATE INDUSTRY COUNCIL UNDER PROVISIONS OF THE FEDERAL JOB TRAINING PARTNERSHIP ACT AND THE FAMILY ECONOMIC SECURITY ACT AYES: 4 Council Members: Barb, Davila, Quinn, Cormack ABSENT: 1 Council Member: Jackman Funding for Cerritos Corridor Juvenile Diversion Project It was moved by Councilman Davila to bring this back to the next meeting, after a complete study from staff as to what has been accomplished in past years with the $5,000 contribution by the City. The motion died for lack of a second. It was moved by Councilman Barb, seconded by Councilman Quinn, and passed by the following vote to refer this matter to staff. AYES: 3 Council Members: Barb, Quinn, Cormack NOES: 1 Council Member: Davila ABSENT: 1 Coun it Member: Jackman Request for Permissive Conditional Use Permit - Department of Water and Power Riot of-Wavfrom Santa na Freeway Snot to ttn etrPat It was explained the permissive conditional use permit is requested for horticultural purposes, gardening and nursery stock. This would not include any of the property being purchased by property owners adjacent to Guatemala Park. Council Minutes 4/24/84 -5- �q/S It was moved by Councilman Barb to deny the request. He said the area is completely surrounded by residential and there is no way to gain access to the property. Also, he cannot imagine allowing large vehicles and trucks necessary to operate this type of a business to travel in and out of a residential area. The motion was seconded by Councilman Quinn. AYES: 2 Council Members: Barb, Cormack NOES: 2 Council Members: Davila, Quinn ABSENT: 1 Council Member: Jackman Mr. Newton said no action in this case would be a denial of the request. It was moved by Councilman Davila to send the request back to staff for a study. The motion died for lack of a second. It was moved by Councilman Davila, seconded by Councilman Quinn, and passed by the following vote to approve the final invoice of $2,795 per the Contractual Aqreement with Howard F. Stup and Associates. AYES: 4 Council Members: Barb, Davila, Quinn, Cormack ABSENT: 1 Council Members Jackman Change in Compensation - City Prosecutor Contract Responses were made to inquires of Mr. Lennie Whittington, 8542 Manatee, with regard to the current and proposed hourly rate for the City Prosecutor; the number of hours he is required to work per week; and how the increase will affect the City budget. It was moved by Councilman Quinn, seconded by Councilman Barb, and passed by the following vote to approve the Change in compensation - City Prosecutor Contract. AYES: 4 Council Members: Barb, Davila, Quinn, Cormack ABSENT: 1 Council Member: Jackman It was moved by Councilman Davila, seconded by Councilman Quinn, and passed by the following vote to accept the gift of an Ultralight Aircraft from Mr. Elmo Lawson. Councilman Davila asked if this gift would qualify as a tax write-off and where the ultralight would be housed. Mr. Newton replied yes, depending on the gentleman's charitable donation status. Chief Martin explained the airplane would be kept in its trailer in the City Yard, which is adjacent to the existing hangar. The only cost to the City would be for maintenance. AYES: 4 Council Members: Barb, Davila, Quinn, Cormack ABSENT: 1 Council Member: Jackman ORAL COMMUNICATIONS - Items not on Agenda Mr. Ken Miller, 7336 Cleargrove Drive, referred to his previous request for release of information concerning Attorney s Fees accrued regarding the Hospital issue and asked if the press has a so made a request for the information. Mr. Ovrom replied a reporter made a verbal request but was asked to submit it in writing, which has not been received as yet. Mayor Cormack indicated Councilman Jackman told him that upon certain answers to satify him, which he did receive, he would move to release the information. Mayor Cormack then moved that the information, on Councilman Jackman's behalf, be made available. Council Minutes 4/24/84 vote: The motion was seconded by Councilman Davila and passed by the following AYES: 3 Council Members: Barb, Davila, Cormack NOES: 1 Council Member: Quinn ABSENT: 1 Council Member: Jackman Mr. Lennie Whittington, 8542 Manatee, inquired regarding the cost to the taxpayers to have an another attorney review the City Attorney fees incurred pertaining to the Hospitalissue. Mr. Ovrom replied the City has not received a bill. Mr. Whittington then asked if the expenditure of public funds would be made avaiilable to the public. Mr. Newton replied the statement issued by any attorney who does work for the City is public record, and it will be available. When asked about the hourly rate for the other attorney, Mr. Ovrom res- ponded the rate has varied from $85 to $125 per hour. Mr. Ken Miller, 7336 Cleargrove Drive, expressed his views in opposition to exclusion of the public from press conferences conducted by the Mayor. ORDINANCES ORDINANCE NO.752 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE IV, CHAPTER I, BY ADDING SECTION 4100 RELATING TO DISORDERLY PERSONS 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 adopt. AYES: 4 Council Members: Barb, Davila, Quinn, Cormack ABSENT: 1 Council Member: Jackman RESOLUTIONS: None ADMINISTRATIVE REPORTS It was moved by Councilman Barb, seconded by Councilman Quinn, and passed by the following vote to approve the Agreement with the Rapid Transit District to purchase Olympic Bus Tokens. Mr. William Cole, Manager of the Downey Chamber of Commerce, introduced representatives of RTD, who are available to discuss a business promotion program in the City of Alhambra and how it would be applied to the City of Downey. He displayed a sample of bus cards that would be exhibited on buses traveling through Downey and in other areas of the southeast area. Mary Lou Ecternacht, Community Relations - RTD, commented regarding the proposal for a bus token subsidy program through the use of Proposition A funds to promote business in the City. The contract for such a program would include provision for art work to be on display in participating merchants' windows, and brochures and cards would be on display in all buses in the mid - cities area. Mr. David Wilson, Planner with RTD in the Marketing Department, discussed the success of the bus token program in the City of Alhambra and their proposal to expand the program in 1985. He responded to questions regarding the cost per token and the cost for transfers. Councilman Barb mentioned if people purchase the tokens and do not ride the bus, then in essence taxpayer dollars would be subsidizing momentos of the Olympics. Council Minutes 4/24/84 -7- 1�0 AYES: 3 Council Members: Davila, Quinn, Cormack NOES: 1 Council Member: Barb ABSENT: 1 Council Member: Jackman It was moved by Councilman Quinn, seconded by Councilman Barb, and passed by the following vote to recommend approval by the Downey Civic Center Corporation of Cash Contract #485, Civic Center - Chan a Order #23, reserving the City's right to any claim against the responsible party for the change order. Mr. Ralph explained the $8,820.16 figure is actually a decrease instead of an increase as stated in the recommendation. There was a large deletion of $29,000 for signage, which will be spent under another contract for signage. AYES: 4 Council Members: Barb, Davila, Quinn, Cormack ABSENT: 1 Council Member: Jackman It was moved by Councilman Quinn, seconded by Councilman Davila, and passed by the following vote to recommend the Downey Civic Center Corporation approve Change Order #1 under Cash Contract #516 - Civic Center Site Improvements. The net change in the contract amount is a reduction of $980. AYES: 4 Council Members: Barb, Davila, Quinn, Cormack ABSENT: 1 Council Member: Jackman It was moved by Councilman Quinn, seconded by Councilman Barb, and passed by the following vote to approve Change Order #l, Civic Center Telephone System, and authorize staff to provide E.C.I. with a notice to proceed on the changes. Mr. Ovrom mentioned this change order is due to an increase in the number of phones and buttons people wanted on their phones. The net increase of phones is 28, 24 of which were due to outlying fixtures being brought into compatibility with the City's phone systems, and four would go into conference rooms. The increase in buttons is for the Police Department to increase five 20-button phones to five 30-button phones, mainly due to the 911 emergency number. Staff has taken a closer look at this increase and is satisfied the work which has been done is justified. AYES: 4 Council Members: Barb, Davila, Quinn, Cormack ABSENT: 1 Council Member: Jackman It was moved by Councilman Quinn, seconded by Councilman Barb, and passed by the following vote to go on record in support of a Project to Widen the Santa Ana Freeway between the 605 freeway and the Orange County Line and direct sta f to prepare a etter or the Mayors signature supporting this proposed project. AYES: 4 Council Members: Barb, Davila, Quinn, Cormack ABSENT: 1 Council Member: Jackman It was moved by Councilman Quinn, seconded by Councilman Davila, and passed by the following vote to approve Green Fee and Cart Rental Increases at Rio Hondo Golf Course, effective May 7, 1984. AYES: 4 Council Members: Barb, Davila, Quinn, Cormack ABSENT: 1 Council Member: Jackman Zone Variance #314, 8130 Primrose Lane Mr. Cutts explained Planning staff has met with the property owner and four of the surrounding property owners, and there was discussion pertaining to property values. Two property owners in the area have expressed an interest in the property and made an offer to Mr. Biller, the applicant, and it is his understanding Mr. Biller has submitted a counter offer. Mr. Doyle Biller, 9910 Birchdale, said he received an offer and submitted a counter offer to expire this afternoon, but has heard nothing as y-,: Councilman Barb asked Mr. Biller if he had discussed with the prc;.-rty owner to the rear the possibility of purchasing more land to make the property a 7500 square foot lot. Council Minutes 4/24/84 � yiy Mr. Biller replied 7500 square feet would not fit in with the adjacent owner's house and meet the requirements. Mrs. Suzanne Ethridge, 8133 Primrose Lane, said all of the residents on Primrose Lane are opposed to having a house built at the end of the street. She mentioned that Mr. Peck on Valdina was interested in acquiring half and she and her husband were interested in acquiring the other half adjacent to their property, but they were unable to reach an agreement with Mr. Biller. She has been advised by her appraiser not to pay the price Mr. Biller' countered with, inasmuch as it would not add that much value to their property. Mrs. Ethridge said the real issue is the zoning, and if the zone variance is approved, it would be setting a precedent. She requested the Council to uphold the Code of the City. Mayor Cormack indicated he has been advised there is adequate property behind the subject property and that it is available, which would make the lot 7500 square feet and be in keeping with the City's Code. He wants to keep his district one of nice -sized lots. It was moved by Councilman Quinn and seconded by Councilman Davila to grant the variance. AYES: 2 Council Members: Davila, Quinn NOES: 2 Council Members: Barb, Cormack ABSENT: 1 Council Member: Jackman Mr. Newton said this constitutes no action, and if no other action is taken, then the decision of the Planning Commission becomes final, which is to approve the variance. It was moved by Councilman Barb to rule in favor of the appeal of the residents and not allow the property to be built on. The chair accepted the motion. AYES: 2 Council Members: Barb, Cormack NOES: 2 Council Members: Davila, Quinn ABSENT: 1 Council Member: Jackman Mayor Cormack requested a motion to continue until Councilman Jackman returns. It was moved by Councilman Barb to table. The chair accepted the motion. AYES: 2 Council Members: Barb, Cormack NOES: 2 Council Members: Davila, Quinn ABSENT: 1 Council Member: Jackman RESOLUTION NO. 4384 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONSENTING TO A JOINT PUBLIC HEARING WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY TO CONSIDER FORMAL ADOPTION OF THE REVISED REDEVELOPMENT PLAN AMENDMENT NO. 3 (sets the hearing for May 29, 1984) The Resolution was read by title only. It was moved by Councilman Barb, seconded by Councilman Quinn, and passed by the following vote to waive further reading and to adopt. AYES: 3 Council Members: Barb, Quinn, Cormack NOES: 1 Council Member: Davila ABSENT: 1 Council Member: Jackman ORAL COMMUNICATIONS - Audience: None ORAL COMMUNICATIONS - City Council Councilman Davila requesed the Council to take action in support of the Police Department issuing citations to uninsured motorists. Council Minutes 4/24/84 -9- Mr. Ovrom said staff concurs and has submitted a report to the Council. Letters can be drafted for the Council's approval on the next agenda. CLOSED SESSION The meeting was recessed to closed session from 10:05 to 11:00 p.m. to discuss pending or potential litigation. he meeting resumed with Council Members Barb, Davila, Quinn, Cormack present; Council Member Jackman absent. ADJOURNMENT: 11:00 P.M. bert L. Sh nd, City Clerk -Treasurer Council Minutes 4/24/84 -10-