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HomeMy WebLinkAboutMinutes-05-07-84-Special MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SPECIAL CALLED MEETING MAY 7, 1984 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Commendation to Leroy Lawson for donation of Ultralight Aircraft to Police Dept. 1 Introduction of Doctors from Guadalajara, who are starting Paramedic Program I Removal of Items from Consent Calendar Minutes: Regular Meeting of April 24, 1984 Approved 1 Rejection of Legal Claims: Ref. #666 & 667 Approved 2 Report on Warrants Issued: #211909 - 211946 #317297 - 317534 Approved 2 Underground Utility Dist. #11, 7931 Firestone B1.- Certification of Just Compensatn.: Certify appraised value & auth. staff to acquire easemt. from ppty. owner Approved 2 Revenue Sharing/City Budget for FY 1984-85 Hearing set for 6/26/84 2,9 General Plan Amendment #84-1B, SE corner Telegraph Rd. & Paramount B1. Hearing set for 5/22/84 2 Workers' Comp Claims Administration - Req. for Service Fee Increase: Auth. increase of $150 Approved 2 Res, #4385, Designating Brookshire Av. & Third St, thru Streets at their intersection with Civic Center Dr. Adopted 2 Res. #4386, Prohibiting Stopping Anytime (Tow -away zone) B/s Civic Center Dr. bet. Third St. & Brookshire Av. Adopted 2 Res. #4387, Establishing Parking Restr, in Public Parking Lots #1 & 2 on NW Corner Civic Center Dr. & Brookshire Av. & NE Corner Civic Center Dr. & Third St. respectively Adopted 2 Res. #4388, Prohibiting Stopping Anytime (Tow -away Zone) on W/s Brookshire Av. from Third St. Nly. 550 ft. Adopted 2 Independent Auditing Services for Fiscal Year 1983-84 Approved 2 Res. #4389, Employing Counsel to Represent City & Certain named Defendants in Specific Litigation Adopted 3 Lennie Whittington re previous policy of Police Officer in Council Chamber for crowd control at Council Meetings 4 Paul Sarvis re poor quality of Council Meeting tapes on file in Library for public listening 4 Appeal, Zone Change #209, 8607 Imperial Hwy. & Vacant Lot immediately West thereof: Req. for No action per City reconsideration Attorney's opinion 5 Page 1 of 2 COUNCIL MINUTES, MAY 7, 1984 (SPECIAL CALLED MTG.) TABLE OF MINUTES ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. Describing Proposal to Annex entire City Not adopted; staff directed into City-wide Zone III (AD 121) & Ord. Traffic to look at ways to resolve Engr. to prepare & file Report questions of inequities 5 Res. #4390, Describing Imprvmts. within Ltg. Maint. Dist. AD 121 for FY 1984-85 & Ord. City Traffic Engr. to prepare & file rpt. Adopted 6 Res. #4391, Apprvg. Engr's. Rpt. for Assmts. within Ltg. Maint. Dist. AD 121 for FY 1984-85 Adopted Res. #4392, Decl. Int. to levy & collect Assmts. Adopted; sets hearing within Ltg. Maint. Dist. AD 121 for FY 1984-85 for 6/12/84 CC #491,Library Addn. - Change Orders #20 & 21: Recommend approval by Civic Center Corp. Approved CC #518, Tree Trimming at Various Locations: Award contract to United Pacific Corp. Approved Amendment to Joint Powers Agmt. - SE Area Animal Control Auth. Approved Chamber of Comm. - Increased Budget Req. for To be placed on Budget FY 1984-85 study session agenda Req. of Downey Chamber of Comm. for Agmt. w/RTD re Olympic Tokens Subsidy Program Approved Rpt. re SE Los Angeles County Facilities Plan Referred to staff Budget Study Sesssion Set for 5:00 p.m., 6/19/84 Joint session of Council & Comm. Dev. Comm. re Composition of Project Area Comm. Res. #4393, Establishing General Members of the Proj. Area Comm. Adopted Closed session re pending or potential litigation & personnel matter 6 7 7 7 7 8 8 8 8 8 9 9 Page 2 of 2 ��Qb MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SPECIAL CALLED MEETING MAY 7, 1984 The City Council of the City of Downey held a special called meeting at 7:30 p.m., May 7, 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 James R. Jarrett, Acting Director of Community Services William Sumner, Fire Marshal Harald J. Henriksen, City Engineer Scot Yotsuya, Assistant to the City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Councilman Barb. The Flag Salute was led by Councilman Davila. PRESENTATIONS Mayor Cormack presented a Commendation to Le Ultralight Aircraft to the Downey Police Departme Lawson for donation of an Mayor Cormack introduced Dr. Jaime Arturo Paz Garcia and Dr. Javier Mercado Alcala, who are starting a paramedic program in the City of Guadalajara. Judge Reynaldo Chaparro of the Downey Municipal Court, commented regarding the paramedic program being established in that City. HEARINGS: None REMOVAL OF ITEMS FROM CONSENT Agenda Item VIII-F-4, Independent Auditing Services, was removed at the request of Mr. Jim Derry, 7845 Fourth Street. Agenda Item VIII-G-5, Resolution regarding employment of counsel to represent City and certain named defendants in a specific matter of litigation, was removed at the request of Mr. Lennie Whittington, 8542 Manatee Street. Agenda Item VIII-B-1, Correspondence from Downey Chamber of Commerce, was removed at the request of Councilman Davila. 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 24, 1984. Rejection of Legal Claims: Ref. #666, Darnell Williams; and Ref. #667, Rosie Mora 7es. Council Minutes 5/7/84 (Spec.) -1- ),A ( Report on Warrants Issued: #211909 - 211946; #317297 - 317534: 1,562,580.47. Underground Utility District No. 11 7931 Firestone Boulevard - Certification of Just Compensation: Certify appraised value of 1,047.50 as just compensation and authorize staff to acquire the easement from the property owner for that amount. Revenue Sharing/City Budget for Fiscal Year 1984-85: Set hearing for 7:30 p.m., May 22, 1984, in the Council Chamber of the Downey City Hall (see hearing later set for June 26, 1984, Page 9.) eneral Plan Amendment #84-1B Southeast corner of Telegraph Road and aramount Boulevard. Set hearing for 7:30 p.m., May 22, 1984, in the ouncil Chamber of the Downey City Hall. WorkersCompensation Claims Administration - Request for Service Fe Increase. Authorize an increase of $150 to the monthly service fee. RESOLUTION NO. 4385 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING BROOKSHIRE AVENUE AND THIRD STREET THROUGH STREETS AT THEIR INTERSECTIONS WITH CIVIC CENTER DRIVE RESOLUTION NO. 4386 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING STOPPING AT ANYTIME (TOW -AWAY ZONE) ALONG BOTH SIDES OF CIVIC CENTER DRIVE BETWEEN THIRD STREET AND BROOKSHIRE AVENUE RESOLUTION NO. 4387 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING PARKING RESTRICTIONS IN PUBLIC PARKING LOT NOS. 1 AND 2 LOCATED ON THE NORTHWEST CORNER OF CIVIC CENTER DRIVE AND BROOKSHIRE AVENUE AND ON THE NORTHEAST CORNER OF CIVIC CENTER DRIVE AND THIRD STREET RESPECTIVELY RESOLUTION NO. 4388 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING STOPPING AT ANYTIME (TOW -AWAY ZONE) ALONG THE WEST SIDE OF BROOKSHIRE AVENUE FROM THIRD STREET NORTHERLY 550 FEET AYES: 4 Council Members: Barb, Davila, Quinn, Cormack ABSENT: 1 Council Member: Jackman Independent Auditing Services for Fiscal Year 1983 84 Mr. Jim Derry, 7845 Fourth Street, said he was informed by City staff that one of the items not audited are the bills submitted by the City Attorney. Mr. Ovrom explained the purpose of the audit is to make sure the City's financial records are in accord with generally accepted County practices. Mr. Derry suggested the City Attorney bills should be audited. It was moved by Councilman Davila to deny the Independent Auditing Services for Fiscal Year 1983-84 because he would like to see a different service do the audit this year. The motion died for lack of a second. It was moved by Councilman Quinn, seconded by Councilman Barb, and passed by the following vote to approve the Independent Auditing Services for Fiscal Year 1983-84. Mr. Paul Sarvis, 13603 Barlin, mentioned it is required that a redevelopment agency's financial statement audit be filed with the State, yet it was a full nine months before the auditor completed Downey's financial audit. Council Minutes 5/7/84 (Spec.) -2- �d Councilman Davila asked if staff was aware of this and still recommending the same auditing firm. Mr. Ovrom replied yes. He explained there is a need for continuity at this time, and staff is still recommending retaining the services of Diehl, Evans for one more year. It is anticipated going out for proposals next year. It was moved by Councilman Davila to amend the motion to direct staff to change firms next year. The motion died for lack of a second. AYES: 3 Council Members: Barb, Quinn, Cormack NOES: 1 Council Member: Davila ABSENT: 1 Coundil Member: Jackman RESOLUTION NO. 4389 A RESOLUTION OF THE CITY COUNCCIL OF THE CITY OF DOWNEY EMPLOYING COUNSEL TO REPRESENT THE CITY AND CERTAIN NAMED DEFENDANTS IN A SPECIFIC MATTER OF LITIGATION Mr. Lennie Whittington, 8542 Manatee, indicated this Resolution concerns a lawsuit which he brought against four Council Members and Chief Martin. He questioned why the attorney's fees are not spelled out in the Resolution, and he also questioned Councilman Jackman's signature on the Substitution of Attorney, which he said was dated after Councilman Jackman went into the hospital. Mr. Newton explained the Substitution of Attorney was signed previously by all of the parties, and the dates were filled in by a secretary. The last person to sign was Chief Martin, and all of the dates were effective as of the date the last signature was placed on the Substitution because that is when it did become effective. Mr. Whittington again questioned why the attorney's fees are not included in the Resolution. Mr. Newton replied it is not required to be set forth. The attorney will bill at their normal hourly rate, which is mentioned in the letter. As soon as either party is not in accord with the conduct of the contract, it can be terminated by either party immediately. Councilman Barb does not feel this matter should be discussed with the plaintiff in the lawsuit without his attorney being present or the Judge who is to hear the case. It was moved by Councilman Barb to continue the meeting and not listen to Mr. Whittington. Mr. Whittington said the Council will have to have him bodily removed because he intends to continue with his comments. It was moved by Councilman Barb and seconded by Councilman Quinn that Mr. Whittington be bodily removed. Mayor Cormack declared a recess from 8:00 p.m. to 8:05 p.m. The meeting resumed with Council Members Barb, Davila, Quinn, Cormack present; Council Member Jackman absent. Councilman Davila raised a question of whether there is a conflict of interest because punitive damages are a key issue. He made a motion that this be set aside with a request for a ruling from the Attorney General's office in Sacramento. The motion died for lack of a second. Councilman Davila then made another motion that the Resolution be held until the next meeting so that he can make direct contact with the legislature counsel in this matter. The motion died for lack of a second. The Resolution 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. Council Minutes 5/7/84 (Spec.) -3- Y3 Mr. Jim Derry, 7845 Fourth Street, considers it appropriate for the Council to exercise its powers to seek legal counsel. He did mention citizens are concerned about attorney's fees expended, and he feels it would be a mistake to go forward without knowing the hourly rate to be charged. Councilman Davila then requested the date this matter was discussed in closed session, the location, how many people other than the defendants were in attendance, what action was determined at that time, and who recommended the law firm selected. He feels this is important so he will know what he is voting on. Mr. Newton explained he attempted to discuss this matter with Councilman Davila on several occasions but that he refused to talk with him without recording the conversation or having someone else present. Councilman Davila indicated he requested the information in writing so that he could confirm what was said. Mr. Derry said when he visited City Hall to inspect the records of attorney's fees, he specifically asked about the hourly rate for work other than the retainer, and he was informed there is no hourly rate for outside the retainer work. Mr. Newton explained the over -retainer work performed by him as City Attorney is at $95 an hour, and that is specified. Over -retainer work done by other members of his law firm is from $65 to $150 per hour, depending on who performs the work, and that is also specified. Councilman Davila made an amendment to the motion that a separate firm be appointed and approved to represent the City so that there will not be a conflict of interest. The motion died for lack of a second. Councilman Davila then made another motion that he be allowed representa- tion, whereby he can appoint an attorney of his chosing to represent him in this litigation. The motion died for lack of a second. AYES: 3 Council Members: Barb, Quinn,Cormack NOES: 1 Council Member: Davila ABSENT: 1 Council Member: Jackman Councilman Davila was asked if his "no" vote pertained only to adoption of the Resolution, and he replied that he wanted the Resolution read, including the letter - Exhibit "A," to be included as part of the record. It was moved by Councilman Barb to read the Resolution, but not the letter. The Resolution and Exhibit "A" was read in its entirety. It was moved by Councilman Barb, seconded by Councilman Quinn, and passed by the following vote to adopt the Resolution. AYES: 3 Council Members: Barb, Quinn, Cormack NOES: 1 Council Member: Davila ABSENT: 1 Council Members Jackman ORAL COMMUNICATIONS - Items not on Agenda Mr. Lennnie Whittington, 8542 Manatee, inquired regarding the previous ,icy of having a Police Officer stationed in the Council Chamber for crow ntrol at Council Meetings. Mr. Paul Sarvis, 13603 Barlin, cited the poor quality of Council Meeting tapes on file in the Library for public listening. He further complained regarding the ees established for photocopies and Council Meeting tapes. Mr. Shand explained the audio system in the new City Hall will produce a high quality recording on cassettes for use by citizens in the Library. Councilman Quinn inquired regarding possibility of reconsidering the ae2eal to Zone Change Case No. 209, 8607 Im erial Highway, and vacant lot immediately west t ereo , whit was voted on at the ast meetinq. Council Minutes 5/7/84 (Spec.) -4- �V; ti Mr. Newton replied an action taken at a Council Meeting, especially on a zoning matter where a hearing is required, does become final at the conclusion of that meeting, and the Council has no further power to act upon the matter. It is possible, under certain circumstances during the same meeting, for a matter to come back on the table for consideration if it does not interfere with the due process of the people involved. The only way the same subject matter could be considered again is for the Council to initiate a new zone change proceeding with the Planning Commission. Mr. Joseph DiLoreto, 9266 Otto Street, said when he was on the City Council, it was his understanding that on matters previously acted upon by the Council, any member of the Council could bring the matter back for recon- sideration. He said this legal advice was given by the former City Attorney. Mr. Ed DiLoreto, 7333 Rio Flora Place, explained what occurred at the last meeting concerning the vote on the subject zone change, and said during a recess he left the meeting and did not hear what happened until the next day. He requested a vote be taken this evening to clarify the issue. It was moved by Councilman Quinn and seconded by Councilman Davila to re - vote on the zone change. Mayor Cormack declared a recess from 8:38 p.m. to 8:40 p.m. The meeting resumed with Council Members Barb, Davila, Quinn, Cormack present; Council Member Jackman absent. Mr. Newton read Section 9160.08(f) of the Downey Municipal Code involving Appeals, which concludes, "The action of the Council shall be final and conclusive." He said this means the action taken by the Council is final as of the time the Council acts, but it is possible to reconsider that action during the same meeting if no one's due process rights are hindered by reason of the reconsideration. There is no provision for taking further action on the part of the Council. Re -application may be provided if it is not identical to the application dealt with during the prior twelve-month period. However, upon written request, the Planning Commission, by its action, may waive that requirement if it is shown that a considerable change has taken place in the area in which the property is located or that additional and pertinent information is available which was not brought out at the public hearing and that a waiting period of twelve months would create an unusual hardship. Mr. Ed DiLoreto explained there were circumstances in this case during the last Council meeting which led him to believe the decision would be in his favor. He believes he has grounds for a question in this case, and he requested a vote be taken on the motion now on the floor. Diane Boggs, 8629 Meadow Road, commented regarding her attendance at the last meeting and went on record as stating Mr. DiLoreto did leave the meeting and was not present when the final vote was taken. Mr. Eric DiLoreto, 7333 Rio Flora Place, indicated he was present at the last meeting, and it was his impression the vote was two in favor, one against, and one abstention. RFSOI_UTTONS- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESCRIBING A PROPOSAL TO ANNEX THE ENTIRE CITY AREA INTO CITY-WIDE ZONE III (A.D. 121) AND ORDERING THE CITY TRAFFIC ENGINEEER TO PREPARE AND FILE A REPORT The Resolution was read by title only. It was moved by Councilman Quinn and seconded by Councilman Barb to waive further reading and to adopt. Mr. Ovrom explained it was staff's recommendation to look into estab- lishing a Zone III, however, some of the concerns expressed at that time have now been resolved, and it is staff's suggestion the Council not go forward with this. Council Minutes 5/7/84 (Spec.) -5- N2 5 Councilman Barb said some of the inequities need to be resolved. Mr. Ralph stated there is a possibility of approximately $25,000 worth of inequities which have been brought up either by staff or some citizens. Following discussion, the motion and second were withdrawn. Mr. Ken Miller, 7336 Cleargrove Drive, commented regarding the inequities concerning the freeway corridor lights. It was moved by Councilman Quinn, seconded by Councilman Barb, and passed by the following vote to not adopt the three Resolutions concerning City Wide Zone III and direct staff to look at other ways to resolve questions of inequities. Councilman Barb suggested going ahead with Zone III but only to straighten out the inequities. Mr. Ralph indicated the freeway lights have been included in the cost for patrolling and securing the freeway. Councilman Barb inquired about the funds the City has spent for someone else's safety or security, whether there is liability on the State's part to compensate the City. Mr. Newton replied it would be the proper subject matter for a claim. Mr. Ralph indicated staff will bring back a report informing the Council the direction staff is taking. AYES: 4 Council Members: Barb, Davila, Quinn, Cormack ABSENT: 1 Council Member: Jackman RESOLUTION NO. 4390 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESCRIBING IMPROVEMENTS WITHIN LIGHTING MAINTENANCE DISTRICT A.D. 121 FOR THE FISCAL YEAR 1984-85 AND ORDERING THE CITY TRAFFIC ENGINEER TO PREPARE AND FILE A REPORT The Resolution 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 RESOLUTION 4391 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE ENGINEER'S REPORT FOR ASSESSMENTS WITHIN LIGHTING MAINTENANCE DISTRICT A.D. 121 FOR THE FISCAL YEAR 1984-85 The Resolution 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 RESOLUTION NO. 4392 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LIGHTING MAINTENANCE DISTRICT A.D. 121 FOR THE FISCAL YEAR 1984-85 (sets the hearing for June 12, 1984) The Resolution 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. Council Minutes 5/7/84 (Spec.) -6- AYES: 4 Council Members: Barb, Davila, Quinn, Cormack ABSENT: 1 Council Member: Jackman ADMINISTRATIVE REPORTS It was moved by Councilman passed by the following vote to Corporation of Change Order Nos. Library Addition. Barb, seconded by Coluncilman Quinn, and recommend approval by Downey Civic Center 20 and 21 under Cash rnntrart Nn_ dQ1 - 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 the following vote to award a contract to United Pacific Corporation in the amount of $24,220 under Cash Contract No. 518, Tree Trimmingat Various Locations (Account #10-4-3 40.0706 . Mr. Ralph reported that a letter of protest was received from one of the bidders, the second lowest bidder, protesting on the grounds that the low bidder did not have the required State Contractor's license. In checking, staff found out there is no such requirement. Staff has had the opportunity to work with the lowest bidder under a different name, but the same supervisory staff, and believes them to be competent. It is recommended the contract be awarded to the lowest bidder. Mr. Newton mentioned there is a specific exemption in the Business and Professions Code from a requirement that a tree trimmer be a licensed contractor. 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 approve an Amendment to the Joint Powers Agreement - Southeast Area Animal Control Authority. Councilman Barb mentioned over the years cities who have been a part of the Corporation have invested a lot of money to make SEAACA what it is today, and he asked if other cities are allowed to join, will the original cities have to keep investing the same amount they have in the past. Mr. Ovrom replied the other cities are not being asked to buy into the assets, nor will they have any stake in the assets. If SEAACA is ever liquidated, only the three founding cities would have a vested interest in the original assets. Councilman Barb expressed concern that cities who are paying a small contribution would have the same control over the assets. He is also concerned about possible reduction in service by SEAACA. Mr. Ovrom commented on the Board's decision to have the other cities share in the pro rata costs as an inducement to joining SEAACA. During discussion it was explained that it was a unanimous decision of the Board to have all the cities on a voting basis. AYES: 3 Council Members: Davila, Quinn, Cormack NOES: 1 Council Member: Barb ABSENT: 1 Council Member: Jackman Chamber of Commerce - Increased Budget Request for Fiscal Year 1984-85 It was moved by Councilman Davila to continue with the $20,000 contribution to the Chamber and not discuss a higher premium at budget study. 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 place the request for $40,000 on the Budget study session agenda. Council Minutes 5/7/84 (Spec.) -7- rya � AYES: 3 Council Members: Barb, Quinn, Cormack NOES: 1 Council Member: Davila ABSENT: 1 Council Member: Jackman It was moved by Councilman Quinn, seconded by Councilman Barb, and passed by the following vote to approve the request of the Downey Chamber of Commerce for an Agreement with Rapid Transit District concerning the Olympic Tokens Subsidy Proaram. AYES: 3 Council Members: Barb, Quinn, Cormack NOES: 1 Council Member: Davila ABSENT: 1 Council Member: Jackman Councilman Quinn mentioned when a Councilman serves as Mayor, he can see the tremendous job the Chamber of Commerce is doing by attending all of the various functions in the City. Composition of the Project Area Committee was carried over to the arrival of Mr. Santange o. It was moved by Councilman Barb, seconded by Councilman Quinn, and passed by the following vote to refer to staff the Report regarding Southeast Los Angeles County Facilities Plan. 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 set a Budget Study Session for 5:00 p.m., June 19, 1984. AYES: 4 Council Members: Barb, Davila, Quinn, Cormack ABSENT: 1 Council Member: Jackman It was moved by Councilman Barb, seconded by Councilman Quinn, and passed by the following vote to reconsider an action taken under Consent Calendar and set a hearing on Revenue Sharing/City of Downey Budget for Fiscal Year 1984-85 for 7:30 p.m., JuneL6, 1984, in the Council Chamber of the Downey City Hall. AYES: 4 Council Members: Barb, Davila, Quinn, Cormack ABSENT: 1 Council Member: Jackman At this time, the Community Development Commission reconvened its meeting and conducted a joint meeting with the City Council regarding Composition of the Project Area Committee. Mr. James Santangelo, 8434 Lexington Road, Chairman of the Project Area Committee, explained that in relation to a change in composition of the Committee, it was the Committee's opinion the Redevelopment Commission should make the change per the Committee's recommendation but should not be imposed upon PAC to amend its By -Laws in that regard. Community Development Commission Resolution No.153, establishing General Members of the Project Area Committee, was read by title only. There was a motion to waive and to adopt. Councilman Davila inquired when this matter was referred back to staff, whether the Council intended to change the policy concerning the PAC position. Mr. Ovrom said if there was a misunderstanding, this would appear to resolve it once and for all. Councilman Davila objected because it would mean removal of his appointee from the PAC Committee. Mr. Ovrom explained PAC is different than other commissions and committees, in that apointments are not to be by Councilmanic Districts but by other criteria established by Redevelopment Law. Councilman Davila is opposed to the method of appointing PAC members. Council Minutes 5/7/84 (Spec.) -8- rYa x Mr. Santangelo mentioned the Firestone Corridor was referred to PAC for recommendation, and he expressed concern that with the change in the Committee's composition, the new members may not be able to meet the deadline in bringing back a sound proposal for consideration. Mr. Mark Huebsch of Stradling, Yocca, Carlson & Rauth, cited the statutory requirements for adoption of a Redevelopment Plan, including involvement of the Project Area Committee. The Resolution was adopted by the Commission. RESOLUTION NO. 4393 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING GENERAL MEMBERS OF THE PROJECT AREA COMMITTEE The Resolution 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: 3 Council Members: Barb, Quinn, Cormack NOES: 1 Council Member: Davila ABSENT: 1 Council Member: Jackman Councilman Davila indicated his "no" vote was to the waiver of further reading. ORAL COMMUNICATIONS - Audience: None ORAL COMMUNICATIONS - City Council: None CLOSED SESSION The meeting was recessed to closed session from 10:05 to 11:05 p.m. to discuss pending or potential litigation and a personnel matter. The meeting resumed with Council Members Barb, Davila, Quinn, Cormack present; Council Member Jackman absent. ADJOURNMENT: 11:05 p.m. d1 Robert L. and, City ClerkrTreasurer R rt G. Co ck, Mayor Council Minutes 5/7/84 (Spec.) -9- 2Q? ADDITION TO MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SPECIAL CALLED MEETING MAY 7, 1984 On Page 6, the fourth paragraph should read as follows: "Mr. Ken Miller, 7336 Cleargrove Drive, commented regarding the inequities concerning the freeway corridor lights, noting in 1978 the Council took action to remove the freeway corridor lights from Zone I and to either collect from Caltrans or pay out of the General Fund. He said staff is currently considering a one-year problem, whereas in 1978 the annual collection was $5,000. Therefore, the General Fund should have paid $30,000 into Zone I over the past six years. In view of the tax exempt lighting in Zone II, payment has been made wrongfully for several years. Possibly $185,000 of inequities is involved. Mr. Miller commented that perhaps the last six years of the lighting assessment district program should be reviewed and any possible errors corrected." Robert L. Shand City Clerk -Treasurer Council Minutes (Spec.) 5/7/84 - Addition