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HomeMy WebLinkAboutMinutes-06-12-84-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOMNEY JUNE 12, 1984 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Recognitions to members of Second Century Foundation for work on City Hall Dedication 1 Recognition to Sal Lorenzetti for preparing cake for City Hall Dedication 1 Recognition to Lois Buchanan for work on Mayor's Breakfast & City Hall Dedication 1 Recognition of Council Members -Elect Diane Boggs & James Santangelo 1 Ord. #753 repealing & adding Sections to DMC re Uniform Fire Code Adopted 1 Res. #4406, Confirming 1984/85 Assmt. for Ltg. Maint. Dist. AD 121 Adopted 2 Proclamations re June 14, 1984, as Flag Day, & month of June 1984 as Pest Control Month Approved 3 Removal of Items from Consent Calendar 3 Minutes: Reg. Mtg., May 22, 1984 Approved 3 Corres. from J. W. Payton re "Operation _ Slush Fund" Received & filed 3 Legal Claim for Rejection: Ref. #655, Anderson Approved 3 CC #511, Rio Hondo Country Club Roofing: Accept work & maint. responsibility Approved 3 Report on Warrants Issued: #211985 - 212055 #317764 - 318125 Approved 3 Commercial Code Amendments to C-2 Zone, establish- ing "Furniture Upholstery" as permitted use & "Gymnasiums, Health Centers, Reducing Salons, Hearing set for Athletic Clubs & Similar Uses" as condl. uses July 10, 1984 3 Move to new Civic Center: Auth. non-public safety areas of City Hall to be closed to public Friday, June 22, from 12 noon to 5pm, & all day Monday, June 25 Approved 3 SS Proj. #379 - 11363 Old River School Rd. R/W Acquis.: Certify appraised value of $200 as just compensation for partial acquis. of ppty. & also auth. payment of sum to property owner Approved 3 Bid No. 8494 - Replacement of Overhead Doors at Fire Station #3: Bid Package & auth. Purchasing Div. to advertise for bids Approved 3 Stamps Foundation Grant for Downey Comm. Theatre Approved 4 Disposition & Development Agmt. w/Shepherd Dev., Joint Hearing w/Comm. a Cal. Joint Venture - 8351 Firestone Bl. Dev. Comm. set for June 26, 1984 4 Res. #4407, Apprvg. Prgrm. Suppl. #16 of City/ State Agmt. #07-5334 for Const. of RR Gates at Regentview Av. (Crossing #496.6) Adopted 4 Page 1 of 3 COUNCIL MINUTES, JUNE 12, 1984 TABLE OF MINUTES ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #4408, Apprvg. Prgrm. Suppl. #5 of City/ State Agmt. #07-5334 for Const. of RR Gates at Brookshire Av. (Crossing #BK:495.4) Adopted 4 Res. #4409, Place City in Compl. w/Federal Age Discrimination in Employment Act 1967 as amended Adopted 4 Res. #4410, Establishing Reserve Account pursuant to Art. XIII B of California Constitution Adopted 4 Res. #4411, Apprvg. & Adopting Annual Appropria- tions Limit for Fiscal Year Adopted 4 Res. #4412, Apprvg. Final Subdiv. Map of Tract Map #42943 Apprvg. Agmt. w/Subdivider & Accept Assignmt. of Passbook Savings Acct. in Lieu of Surety Bonds (9400 Gallatin Rd.) Adopted 4 Corres. from J. E. Guerin re Banning Fireworks within City Received & filed 4 CC #520, Trimming and/or Removal of Various Trees at Rio Hondo Country Club: Specs & site selection & grant auth. to adv. for bids Approved 5 Res. #4413, re Destruction of Records no Longer Needed (Finance Div.) Adopted 5 Downey Community Hospital - Financial Reporting: Letter from Arthur Anderson & Co. Received & filed 5 Res. appointing Delegate to City Selection Held to meeting of Committee of So. Cal. Rapid Transit Dist. July loth 5 Myrtle Risley: Rey. for Downey to Join cities Staff directed to place against American Hi Speed Rail's Bullet Train on July loth Agenda 5 Ord. amending DMC re Charitable & Religious Solicitations Introduced b Ord. repealing Sec. 6114 DMC re Exclusions & Exemptions for State Assessed Properties Introduced 6 Ord. apprvg. Agmt. f/Reimbursement of Tax Held over to meeting Increment Funds of June 19th 6 Res. establishing Fee Schedules f/Planning Cases Held over to meeting of July 24th 6 Banking Services: Auth. staff to enter into 3-yr. relationship w/Crocker Bank Approved 6 Prepaid Alt. Dental Ins. Plan: Auth. staff to enter into agmt. w/Safeguard Health Plans, Inc. Approved 7 CC #485, Civic Center - Change Orders #24, 25, 26, 28, 29 & 30: Recommend Downey Civic Center Corp. approve, reserving right to determine responsi- bility for extra work Approved 7 Req. f/Encroachment Permit - Neo St. E/o Ryerson & E/s Ryerson N/o Neo: Grant permit to place planter in parkway area on Firestone subj. to staff recommendatn. & conditions & include revocation clause f/review by Council in 1-yr. if work not completed as proposed Approved 7 Page 2 of 3 COUNCIL MINUTES, JUNE 12, 1984 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT Mayor Cormack req. staff to notify tenants in addn. to legal requirement of notifying landowner in Redevelopment areas Closed session re pending or potential litigation & personnel Modified General Release & Settlement Agmt. re Downey Community Hospital Ord. amending Zoning Map re Zone Change Case No. 202R (11102-08 Woodruff Av.) Closed session re pending or potential litigation & personnel Meeting adjourned to 5:00 p.m., June 19th, for study session re 1984-85 Budget Meeting also adjourned in memory of Dee Ferguson, staff member of Community Services Dept., & Rosemary McCormick, wife of Joseph McCormick, City Maintenance Worker ACTION Approved Introduced PAGE NO. 7 8 8 8 8 8 8 Page 3 of 3 � yys MINUTES OF THE CITY COUNCIL OF THE CITY OF DOMNEY JUNE 12, 1984 The City Council of the City of Downey held a regular meeting at'7:30 p.m., June 12, 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 James T. Quinn ABSENT: Randall R. Barb (excused) Bob Davila (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 Francis Carter, City Planner Harald J. Henriksen, City Engineer William Sumner, Fire Marshal Kevin O'Connor, Theatre Manager 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 Quinn. The Flag Salute was led by Mayor Cormack. PRESENTATIONS Mayor Cormack presented Recognitions to Members of the Second Century Foundation for their work on the City Hall Dedication. Mayor Cormack presented Recognition to Sal Lorenzetti for preparing the cake for the City Hall Dedication. Mayor Cormack presented Recognition to Lois Buchanan for her work on the Mayor's Breakfast and City Hall Dedication. Mayor Cormack recognized Council Members -Elect Diane Boggs and James Santangelo. HEARINGS Mayor Cormack opened the hearing on proposed Amendment to the Downey Municipal Code concerning the Uniform Fire Code. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Quinn, seconded by Councilman Jackman, and so ordered to receive and file the Proof. Fire Marshal Sumner explained various changes in the Code are presented in order to maintain the City's good record of service and to provide reasonable cost to the citizens. Adoption of the Code amendments should also provide a very safe environment for the citizens. Mayor Cormack inquired if the City Clerk had received any written protests or objections, and the response was no. There being no one present wishing to speak,it was moved by Councilman Quinn, seconded by Councilman Jackman, and so ordered to close the hearing. Council Minutes 6/12/84 -1- ORDINANCE NO. 753 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING SECTION 3300, AND SECTIONS 3307 THROUGH 3318, AND SECTIONS 3320 THROUGH 3333, AND SECTIONS 3352 THROUGH 3367 OF THE DOWNEY MUNICIPAL CODE, AND ADDING SECTION 3300, AND SECTIONS 3307 THROUGH 3318 AND 3320 THROUGH 3333, AND SECTIONS 3352 THROUGH 3364 ADOPTING THE UNIFORM FIRE CODE, 1982 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND WESTERN FIRE CHIEF'S ASSOCIATION AND PRO- VIDING FOR ADDITIONS, DELETIONS AND AMENDMENTS TO SAID CODE The Ordinance was read by title only. It was moved by Councilman Quinn, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to adopt. AYES: 3 Council Members: Jackman, Quinn, Cormack ABSENT: 2 Council Members: Barb, Davila Mayor Cormack opened the hearing on Lighting Maintenance District A.D. 121, 1984-85 Assessment Levy, pursuant to provisions of the Landscaping and Lighting Act of 1972. He inquired if the City Clerk had the Affidavit of Posting and Proof of Publication, and the response was yes. It was moved by Councilman Quinn, seconded by Councilman Jackman, and so ordered to receive and file the Affidavit and Proof. Mr. Ralph explained the Engineer's Report has been prepared to reflect the absence of Zone III as directed by Council. He outlined the assessments for each zone in the City for total assessment levies amounting to $119,500.90. Also, staff has made some suggestions with regard to inequities. Mayor Cormack inquired if the City Clerk had received any written correspondence, and the response was no. Mayor Cormack inquired if there was anyone present to speak regarding the proposed intention to levy and collect assessments. Mr. Ken Miller, 7336 Cleargrove Drive, commented regarding his discovery of a closing balance in June 1982, and of the study he conducted as to the source of that balance, which determined it was primarily due to over assessments on residential properties having mid -block lights. Also, he has discovered that the cost of street lights for schools and municipally -owned property was being charged to Zone II property owners who have mid -block lights. Mr. Miller mentioned that in 1978 staff was directed to delete mid - block street lights within the Freeway Corridor from Zone I and to pay the costs from the general fund in the event the money was not recoverable from Caltrans. He said going back to 1978, he hopes there can be an equitable solution to provide for reimbursement of that money. Mr. Lennie Whittington 8542 Manatee, questioned whether he and his neighbors have been paying the amount for street and safety lighting around the Downey Community Hospital and why the Hospital has not been paying for their lights. Mr. Ralph replied that for the last few years, people in Zone II have paid the amount. Mr. Ovrom explained the recommendation is for the General Fund to pay for lighting around the Hospital beginning this fiscal year. There being no one else wishing to speak, it was moved by Councilman Quinn, seconded by Councilman Jackman, and so ordered to close the hearing. RESOLUTION NO. 4406 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE 1984/85 FISCAL YEAR ASSESMENT FOR LIGHTING MAINTENANCE DISTRICT A.D. 121 Council Minutes 6/12/84 -2- 12W7 The Resolution was read by title only. It was moved by Councilman Quinn, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to adopt. AYES: 3 Council Members: Jackman, Quinn, Cormack ABSENT: 2 Council Members: Barb, Davila It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to approve the Supplemental Report authorizing contribution of General Funds in the amount of $31,000 to Zones I and II and reducing the assessable area of 9770 Washburn Road. AYES: 3 Council Members: Jackmnan, Quinn, Cormack ABSENT: 2 Council Members: Barb, Davila PROCLAMATIONS It was moved Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to approve Proclamations of June 14, 1984, as Flag Day, and the month of June 1984 as Pest Control Month. AYES: 3 Council Members: Jackman, Quinn, Cormack ABSENT: 2 Council Members: Barb, Davila REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Items VIII-D-2, Cash Contract No. 520; and VIII-F-3, Destruction of Records in the Finance Division, were removed at the request of the City Manager. Agenda Items VIII-B-1, Correspondence re Banning of Fireworks within the City; and VIII-F-4 , Downey Community Hospital - Financial Reporting, were removed at the request of Lennie Whittington, 8542 Manatee. Agenda Item VII-G-3, Resolution regarding appointment of Delegate to City Selection Committee of Southern California Rapid Transit District, was removed at the request of Diane Boggs. CONSENT CALENDAR It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Regular Meeting of May 22, 1984. Correspondence from J.W. Payton regarding "Operation Slush Fund." Legal Claim for Rejection: Ref. #655, Ella and Allen Anderson. Cash Contract No. 511, Rio Hondo Country Club Roofing: Accept work and maintenance responsibility (Account #52-17522). Report on Warrants Issued: #211985 - 212055; #317764 - 318125: $1,674,903.72. Commercial Code Amendments to the C-2 Zone, establishing "Furniture Upholstery" as a permitted use and "Gymnasiums, Health Centers, Reducing Salons, Athletic Clubs, and Similar Uses" as conditional uses: Hearing set for 7:30 p.m., July 10, 1984, in the Council Chamber of the Downey City Hall. Move to New Civic Center: Authorize the non-public safety areas of City Hall to be closed to the public Friday, June 22, from 12:00 noon to 5:00 p.m. and all day Monday, June 25. S. S. Project No. 379 - 11363 Old River School Road, Right -of -Way Acquisition: Certify the appraised value of $200 as just compensation for the partial acquisition of property and also authorize payment of that sum to the property owner. Council Minutes 6/12/84 -3- ;7 yyg Bid No. 8494 for Replacement of Overhead Doors at Fire Station No. 3: Approve the bid package and authorize the Purchasing Division to advertise for bids. Stamps Foundation Grant for Downey Community Theatre. Disposition and Development Agreement with Shepherd Development, a California Joint Venture - 8351 Firestone Boulevard: Joint hearing with Community Development Commission set for 7:30 p.m., June 26, 1984, in the Council Chamber of the Downey City Hall. RESOLUTION NO. 4407 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. 16 OF THE CITY/STATE AGREEMENT NO. 07-5334 FOR THE CONSTRUCTION OF RAILROAD GATES AT REGENTVIEW AVENUE (CROSSING NO. 496.6) RESOLUTION NO. 4408 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. 5 OF THE CITY/STATE AGREEMENT NO. 07-5334 FOR THE CONSTRUCTION OF RAILROAD GATES AT BROOKSHIRE AVENUE (CROSSING NO. BK:495.4) RESOLUTION NO. 4409 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY TO PLACE THE CITY OF DOWNEY IN COMPLIANCE WITH THE FEDERAL AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 AS AMENDED RESOLUTION NO. 4410 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A RESERVE ACCOUNT PURSUANT TO ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION RESOLUTION NO. 4411 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR RESOLUTION NO. 4412 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP NO. 42943 APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTANCE OF AN ASSIGNMENT OF A PASSBOOK SAVINGS ACCOUNT IN LIEU OF SURETY BONDS (9400 GALLATIN ROAD) AYES: 3 Council Members: Jackman, Quinn, Cormack ABSENT: 2 Council Members: Barb, Davila Correspondence from J. E. Guerin regarding Banning of Fireworks within the City Mr. Lennie Whittington, 8542 Manatee, mentioned there are a lot of clubs in the City. Mayor Cormack explained the action of the Council is to receive and file the letter, but not to ban fireworks in the City. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to receive and file the correspondence. AYES: 3 Council Members: ABSENT: 2 Council Members: Jackman, Quinn, Cormack Barb, Davila Council Minutes 6/12/84 -4- 2yef7 Cash Contract No. 520 - Trimming and/or Removal of Various Trees at Rio Hondo Country Club Mr. Ovrom explained that Councilman Davila spoke to the Golf Pro at the Rio Hondo Golf Course, who indicated he did not believe the trees needed to be trimmed because they create somewhat of a hazard and make the course more challenging. Mr. Ovrom recommended the Council approve going out to bid and said when this comes back for further action, Councilman Davila can express any further concerns at that time. Mr. David Ray, 7338 Nada, explained he had been in contact with Councilman Davila, who was concerned about the trees. He said the trees add to the beauty and challenge of the golf course. Mr. Ralph explained the contract is to trim trees, not remove them. The only trees that will be removed are those that are split. He mentioned the trees will be trimmed so that they will grow better, inasmuch as many of them are too heavy and cannot withstand heavy wind and rain conditions. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to approve specifications and the site selection and grant authority to advertise for bids on Cash Contract No. 520. AYES: 3 Council Members: Jackman, Quinn, Cormack ABSENT: 2 Council Members: Barb, Davila Destruction of Records - Finance Division Mr. Ovrom explained this was placed on the Agenda as a minute action, but it should approved by Resolution. RESOLUTION NO. 4413 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RELATIVE TO THE DESTRUCTION OF RECORDS NO LONGER NEEEDED The Resolution was read by title only. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to waive further reading and to adopt. AYES: 3 Council Members: Jackman, Quinn, Cormack ABSENT: 2 Council Members: Barb, Davila Mr. Whittington withdrew his request for removing Agenda Item VIII-F-4, Downey Community Hospital - Financial Reporting. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to receive and file the letter from Arthur Anderson & Co. concerning the Downey Community Hospital. AYES: 3 Council Members: Jackman, Quinn, Cormack ABSENT: 2 Council Members: Barb, Davila Resolution appointing Delegate to City Selection Committee of the Southern California Rapid Transit District Diane Boggs requested this be held until the first meeting in July. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to hold the Resolution until the regular meeting of July 10, 1984. AYES: 3 Council Members: Jackman, Quinn, Cormack ABSENT: 2 Council Members: Barb, Davila ORAL COMMUNICATIONS - Items not on Agenda Myrtle Risley, 7938 Phlox, requested the City of Downey vote to join with the cities of Tustin, San Diego, Carlsbad, Del Mar, and Oceanside against American High Speed Rail's Bullet Train. She said a lawsuit has been filed, and it would be of minimal cost for Downey to join in the suit. Ms. Risley Council Minutes 6/12/84 -5- mentioned she is not asking that American High Speed Rail be forbidden to build their bullet train but that they be required to live up to all the re- quirements of construction and operation. Mayor Cormack directed staff to place this on the July loth Council Agenda. So ordered. 1� ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY REPEALING, IN THEIR ENTIRETY, CHAPTERS 5 AND 5.5 RELATING TO CHARITABLE AND RELIGIOUS SOLICITATIONS, RESPECTIVELY, AND ADOPTING A NEW CHAPTER 5, COMMENCING WITH SECTION 4500, ET. SEQ., RELATING TO BOTH CHARITABLE AND RELIGIOUS SOLICITATIONS The Ordinance was read by title only. It was moved by Concilman Quinn, seconded by Councilman Jackman, and passed by the following vote to waive further reading and to introduce. AYES: 3 Council Members: Jackman, Quinn, Cormack ABSENT: 2 Council Members: Barb, Davila ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING SECTION 6114 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO EXCLUSIONS AND EXEMPTIONS FOR STATE ASSESSED PROPERTIES The Ordinance was read by title only. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to waive further reading and to introduce. AYES: 3 Council Members: Jackman, Quinn, Cormack ABSENT: 2 Council Members: Barb, Davila The Ordinance approving an Agreement for Reimbursement of Tax Increment Funds was held over to the meeting of June '19, 1984. RESOLUTIONS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING FEE SCHEDULES FOR PLANNING CASES The Resolution was read by title only. Mr. Jim Santangelo, 8434 Lexington Road, requested the Resolution be held over to the first meeting in July. Mr. Leslie Olsen, 8129 Florence Avenue, Building Industry Association - Southeast and Coastal City Chapters, requested the Resolution be postponed to a future meeting so that he can study it further. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote that the Resolution be held over to the meeting of July 24, 1984. AYES: 3 Council Members: Jackman, Quinn, Cormack ABSENT: 2 Council Members: Barb, Davila ADMINISTRATIVE REPORTS It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to authorize staff to enter into a three year relationship with Crocker Bank for Banking Services. AYES: 3 Council Members: Jackman, Quinn, Cormack ABSENT: 2 Council Members: Barb, Davila Council Minutes 6/12/84 -6- � ysl It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to authorize staff to enter into an Agreement with Safeguard Health Plans, Inc., for provision of a Prepaid Alternate Dental Insurance Plan to be offered in conjunction with the California Dental Service Plan. AYES: 3 Council Members: Jackman, Quinn, Cormack ABSENT: 2 Council Members: Barb, Davila It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to recommend to the Downey Civic Center Corporation that Change Orders No. 24, 25, 26, 28, 29, and 30 under Cash Contract No. 485 - Civic Center be approved, reserving the right to determine the responsibility for the extra work. -- AYES: 3 Council Members: Jackman, Quinn, Cormack ABSENT: 2 Council Members: Barb, Davila Request for Encroachment Permit - Neo Street, East of Ryerson Avenue, and East side of Ryerson Avenue North of Neo Street Mr. Willis R. Hanes of Hanes $ Menser Architects, 8409 Florence Avenue, representing the property owner, said his firm has been retained to provide a master plan for a business park located at the west end of the City on Firestone Boulevard. He displayed a plan of what is intended for the area and mentioned the first phase of development will necessitate establishing required five-foot planting strips on the north side of Neo Street, for which the encroachment permit is requested to place the planters in the parkway rather than on the subject property. The five-foot planter strips are proposed to be placed in the rear portion of the 12-foot parkways, leaving a seven -foot concrete sidewalk with street trees. This proposal has been discussed with City staff. Mr. Hanes mentioned this proposal would be to the advantage to the City, whereby granting the encroachment permit the City would maintain complete control over the type of improvements constructed and can insist the planting areas be maintained to its standards. He said this is a unique situation because of the wide parkways and no pedestrian traffic. If granted, work will start immediately on the south side of Neo Street. Mr. Hanes commented on the type of landscaping proposed, including walls, which he said will be coordinated with City departments. Mr. David, Ray, 7338 Nada, mentioned two years ago a conditional use permit was issued, subject to landscaping, sidewalks, and lighting, which was to be completed in one year but expired approximately two months ago. He questioned if the encroachment is approved, whether the City would be liable for any injuries occuring as a result. Mr. Ralph replied all encroachments for permits into the right-of-way require insurance, which is checked annually. Mr. Ray said businesses have to comply by the rules set forth by the City and yet United Towing has not complied. This should not be allowed to happen. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to grant the encroachment permit to place a planter in the parkway area on Firestone Boulevard, subject to staff recommendation and conditions, to include a revocation clause for review by the Council in one year on the encroachment permit if they have not completed the improvements as proposd. Discussion was held regarding the proposed improvements and anticipated completion of the project. AYES: 3 Council Members: Jackman, Quinn, Cormack ABSENT: 2 Council Members: Barb, Davila ORAL COMMUNICATIONS - City Council Mayor Cormack mentioned the Council has instructed staff several times to notify a tenant in addition to the landowner in a Redevelopment area. He again requested staff to notify a tenant in addition to the legal requirement of notifying a landowner. Council Minutes 6/12/84 -7- Ysa Mr. Ovrom explained he was not aware of prior Council direction but will attempt to comply with the request. He mentioned, however, that there are problems knowing who tenants are since notices are sent out to property owners listed on the assessment rolls. Also, sometimes owners complain that they do not want the City talking to their tenants. ORAL COMMUNICATIONS - Audience: None CLOSED SESSION The meeting was recessed to closed session from 8:58 p.m. to 9:17 p.m. to discuss pending or potential litigation and personnel. The meeting resumed with Council Members Jackman, Quinn, Cormack present; Council Members Barb, Davila absent. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to approve the modified General Release and Settlement Agreement concerning the Downey Community Hospital. AYES: 3 Council Members: Jackman, Quinn, Cormack ABSENT: 2 Council Members: Barb, Davila HEARING Mayor Cormack opened the hearing on Zone Change Case No. 202R, 11102- 11108 Woodruff Avenue. He inquired if the City Clerk had the Proof of Publication, and the response was yes. Mr. Cutts reported on the request to change the zone from R1-6000 to R3- PUD (Medium Density) Multiple Family Residential. The proposed zone change would bring the three affected properties into conformance with the City's General Plan. Mayor Cormack inquired if the City Clerk had received any.correspondence. Mr. Shand replied a letter was received from Blanche Phillips, 11000 Woodruff Avenue, favoring the zone change. It was moved by Councilman Quinn, seconded by Councilman Jackman, and so ordered to receive and file the correspondence and the Proof of Publication. Mayor Cormack then inquired if anyone wished to speak in favor of the zone change. Mr. Jack Robinson, 8615 Florence Avenue, said he is representing only the two single family property owners by virtue of the fact that he has entered into a purchase agreement with the two owners to purchase their property. He is requesting a R-3 PUD classification for the purpose of developing the property with a privately -owned condominium complex of approximately 10-12 units. He has met with the people in the condominium complex to the north, who have expressed some resistance about parking,but he feels certain he can assure them there will be adequate parking for the project. There being no one present to speak in opposition, it was moved by Councilman Quinn, seconded by Councilman Jackman, and so ordered to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 769, ZONE CHANGE CASE NO. 202R) The Ordinance was read by title only. It was moved by Councilman Quinn, seconded by Councilman Jackman, and passed by the following vote to waive further reading and to introduce. AYES: 3 Council Members: Jackman, Quinn, Cormack ABSENT: 2 Council Members: Barb, Davila Council Minutes 6/12/84 -8- �Y53 CLOSED SESSION The meeting was recessed to closed session from 9:25 p.m. to 10:20 p.m. to discuss pending or potential litigation and personnel. The meeting resumed with Council Members Jackman, Quinn, Cormack present; Council Members Barb, Davila absent. ADJOURNMENT: 10:20 p.m. The meeting was adjourned to 5:00 p.m., June 19, 1984, in the Council Chamber of the Downey City Hall, for study session regading the 1984-85 Budget. The meeting was also adjourned in memory of Dee Ferguson, staff member of the Community Services Department, and Rosemary McCormick, wife of Joseph McCormick, City Maintenance Worker. Ro ert L. Shand. City Clerk -Treasurer '&Fert 6. Co ck, a or Council Minutes 6/12/84 -9-