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HomeMy WebLinkAboutMinutes-07-24-84-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 24, 1984 T A B L E O F M I N U T E A C T I O N S SUBJECT ACTION PAGE NO. Ord. amending the Zoning Map re Zone Change Case #210 & 211 (11415-11445 Paramount B1., 7944-7954 Phlox St. & 7962-7968 Burns Av.) Introduced 2 Introduction of Mayor Green - Norwalk 2 Ord. amending DMC re Prohibited Parking Areas Introduced 3 Lot Cleaning Assessments: Deny any protests & affirm assessments on properties cleaned by City during 1983-84 Approved 3 Ltg. Dist. Annex. 84/29, Chaney Av. bet. Via Hearing continued to Amorita & Gotham St. August 14, 1984 3 Ord. amending DMC re Creating Medium Density Multiple Family Residential Ownership Zone (R-3-0) & Amendments to Plan Unit Dev. Ord. Introduced 4 Removal of Items from Consent Calendar 4 Minutes: Adj. Reg. Mtgs. of June 19, 1984, & June 26, 1984; & Reg. Mtg. of June 26, 1984 Approved 4 Report on Warrants Issued: #212142 - 212192 #318600 - 318839 Approved 4 Zone Change Case #212 & General Plan Amendment Hearing set for 84-2 for property located at 8247-8253 Gardendale August 14, 1984 4 Project Area Comm.: Appointment of David Ray to replace Robert Verderber, who was delegated as Chamber of Commerce rep. Approved 4 Rio Hondo Golf Course - Tournament & Banquet Evaluation & Questionnaire Update Approved 4 Health & Environmental Sanitation Comm.: Apptmts. of Sal Lorenzetti & Gloria Heer for Dist. 5 Approved 4 Traffic Comm.: Apptmt. of Wallace F. Hunt for Dist. 5 Approved 4 Community Access Citizens Adv. Comm.: Apptmt. of Larry Koiiman for Dist. 5 Approved 4 Res. #4427, Apptg. Substitute Alt. Member of the Bd. of Dir. of County Sanitation Dists. 2 & 18 Adopted 4 Res. #4428, Delegating Auth. to City Mgr. to make Determinations & Submit Appl. for Retirement under PERS & Rescinding Res. #2917, 3131 & 3293 Adopted 4 Res. #4429, Apprvg. Apptmt. of Roger J. Lawrence to Recreation & Community Services Comm., Dist. 5 Adopted 5 Res. #4430, Apprvg. Apptmt. of Councilman Davila as Delegate to City Selection Comm. of SCRTD Adopted 5 Res. #4431, Apprvg. Apptmt. of Terry Lambros to Planning Comm. of Dist. 5 Adopted 5 Res. #4432, Apprvg. Reapptmt. of Caesar Mattei to Library Adv. Bd., Dist. 5 Adopted 5 Page 1 of 3 COUNCIL MINUTES, JULY 24, 1984 TABLE OF MINUTES ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #4433, Apprvg. Apptmt. of James Derry to Recreation & Comm. Svcs. Comm., Dist. 5 Adopted 5 Resolutions apprvg. Apptmts. to Building Appeals Bd.: Req. change in requirement for certain occupation as criteria for apptmt. Ref. to staff 5 Appeal, Zone Variance #336, 9466-9510 Firestone Hearing set for August 14, 1984 5 Move Downey Municipal Election back to April: Approved; study to be Direct staff to bring back study of time & method brought back lst mtg. of placing issue on special election ballot in September 6 Paul Sarvis re improving lighting in Council Chamber 6 Paul Sarvis submitted letter correcting info given by City Mgr. during July loth vote on Redevelopment Plan 6 Lennie Whittington req. same courtesy & treatmt. City Mgr. req. to send by City employees as any other citizen memo to Dept. Heads 7 Ord. amending DMC re Seating of Newly Elected Council Members Removed from Agenda 7 Ord. #760, amending DMC re Uses in Commercial Zones (Chapter 1, Art. IX) Adopted 7 Ord. amending DMC re Permit Procedure Introduced 7 Ord. amending DMC re Uniform Transient Occupancy Tax of City Introduced as amended 8 Res. establishing Fee Schedules for Planning Cases Tabled to next meeting 8 Res. #4434, Apprvg. Amendment to Joint Exercise of Powers Agmt. bet. Downey, Norwalk & Pico Rivera to admit new Members & amend JPA Adopted as amended 9 Res. #4435, Rescinding Res. #4281 & Updating Fees & Service Charges for Copies of City Documents & Certain Police Services Adopted as amended 10 Res. #4436, Implementing Classification & Comp. Adjustmts. incl. in 1984-85 Budget Adopted 10 Res. #4437, Implementing Classification & Comp Adjustmts. for Positions in Administrative Sec. of Housing Division Adopted 10 Res. #4438, amending portion of General Plan of Land Use Map - Gen. Plan Amndmt. #84-1A, 10825 Fairford Av. - Former Fairford Elementary School Adopted 11 Res. #4439, Apprvg. Apptmt. of Judy Ray to Library Adv. Bd., Dist. 2 Adopted 11 Overhead Doors for Fire Station #3 - Bid #8494: Award contract to Coast Door Co. & appropriation Approved 11 Cash Contract #516, Civic Center Site Imprvmts.- Change Order #3: Recommend approval by Civic Center Corp. Approved 11 Solar Heating of Computer Room/Window Shield Removed from Agenda for further study 11 Page 2 of 3 COUNCIL MINUTES, JULY 24, 1984 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cash Contract #485 - Civic Center Const., Change Order 31: Recommend apprvl. to Civic Center Corp. Approved 11 Cash Contract #520, Trimming and/or Removal of Various Trees at Rio Hondo Country Club: Award contract to Travers Tree Service Approved 12 Bus Subsidy Program: Request of Downey Chamber of Commerce & appropriation from Prop A Funds for purchase of SCRTD bus tokens pursuant to May 24, 1984 Agreement Approved 12 Moratorium on Drive -In Mini -Marts Referred over to next meeting 12 Library Budget & Hours: Part-time Library budget & appropriation for Library part-time salaries to allow for 58-hr, schedule Approved 12 Encroachment Permit - Neo St. E/o Ryerson Av. & Staff to bring back E/s Ryerson Av. N/o Neo St. further information 12 Boxing Program: Req. Comm. Services Comm. to report back & contact Mr. Flores for his input on what would be required to continue program Approved 13 Cn. Boggs req. status of ongoing const. proj. on Cn. Santangelo to Orizaba St. just NE of Quinn report back on status 14 Cn. Boggs re Olympic Torch route thru City 14 Cn. Davila moved to rescind Bicycle License Ord. A report for possible action to be placed on future Agenda 14 Cn. Davila re concern on continuity of const. projects Referred to staff 14 Establish Charter Study Comm. Approved; Council to come back w/appointees 14 Design Review Bd.: Cn. Santangelo req. change in Code establishing criteria for appointing new members Referred to staff 14 Study on establishing additional paramedic unit Reservations to be made for paramedic school 14 Joyce Lawrence thanked Council for support of Downey Library Services 14 Meeting adjourned to 6:30 p.m., August 14, 1984, in Mayor's Office re pending & potential litigation & personnel 14 Amendment of Councilmanic District Boundaries Held over to later meeting 11 Page 3 of 3 ��p, MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 24, 1984 The regularly scheduled meeting of the City Council of the City of Downey commenced at 8:23 p.m., July 24, 1984, in the Council Chamber of the Downey City Hall, Mayor Randall R. Barb presiding. PRESENT: Council Members: Randall R. Barb Mayor Bob Davila Mayor Pro Tem James S. Santangelo Diane P. Boggs Robert G. Cormack ALSO PRESENT: William A. Ralph, Actinq City Manaqer Carl K. Newton, City Attorney 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 Vicky Jenkins, Librarian Ron Yoshiki, Assistant City Planner Lyle Wilkinson, Battalion Chief, Fire Department 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 Councilwoman Boggs. The Flag Salute was led by Councilman Santangelo. PRESENTATIONS: None HEARINGS Mayor Barb opened the hearing on Zone Change Case No. 210 and 211, 11415- 11445 Paramount Boulevard, 7944-7954 Phlox Street, and 7962-7968 Burns Avenue. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Davila, seconded by Councilwoman Boggs, and so ordered to receive and file the Proof. Mr. Cutts explained a request was received from Mr. D'Alessandro and St. Michael's Church to change the zone from C-1 and M-1 to C-2 and staff is recommending that additional properties be rezoned from M-1 and PB to C-2. The applicants' request is to bring their properties into conformance with the City's adopted General Plan. Mr. Cutts noted Mr. D'Alessandro proposes to construct a two-story commercial building at 11415 Paramount Boulevard. St. Michaels Church desires to open a day care center, which was denied by the Planning Commission. He commented regarding opposition expressed by the property owners immediately west of the proposed site. Mayor Barb inquired if the City Clerk had received any correspondence, and the response was no. Mayor Barb then asked if anyone wished to speak in favor. Mr. Jim D'Alessandro, representing A. A. D'Alessandro, read into the record the six findings made by the Planning Commission after reviewing the subject request. He expressed hope of developing the vacant lot on Paramount Boulevard, and mentioned size of the lot will limit use of the parcel. A C-2 zone will permit a two-story development on the property. There being no one else to speak in favor, Mayor Barb asked if anyone wished to speak in opposition. Council Minutes 7/24/84 -1- %W3 Myrtle Risley, 7938 Phlox Street, spoke in favor of a change in zone for Mr. D'Alessandro's property and the Church property but expressed opposition to a change in zone for the other properties owned by Mr. and Mrs. Delaberto and Mrs. Cato. Mr. Joe Delaberto said he has been on the property for 60 years, and he is not interested in changing the zone. Councilman Santangelo asked Mr. Delaberto if he realized the change of zone, in his opinion, would upgrade the property, and Mr. Delaberto replied he is satisfied the way it is. There being no one else to speak in opposition, rebuttal time was granted to Mr. D'Alessandro. Mr. D'Alessandro said if the Council is more comfortable in rezoning the properties requested that would all right. However, it is his feeling that it would be beneficial for everyone concerned if all of the parcels were uniformly zoned to C-2. It was moved by Councilman Davila, seconded by Councilman Cormack, 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. 781, ZONE CHANGE CASE NO. 210 AND 211) The Ordinance was read by title only. It was moved by Councilman Cormack, seconded by Councilman Davila, and passed by the following vote to waive further reading and to introduce. It was moved by Councilman Davila to amend the motion that the M-1 section be deleted from introduction and include only the two properties requesting the zone change. The motion died for lack of a second. Councilwoman Boggs indicated she definitely wants a study of the General Plan started as soon as possible. Mr. Cutts responded it is planned to do a study of the General Plan in its entirety. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila Mayor Barb introduced Mayor Green of the City of Norwalk. Mayor Barb opened the hearing on Proposed Amendment to the Downey Municipal Code regarding Prohibited Parking Areas. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Santangelo, seconded by Councilman Davila, and so ordered to receive and file the Proof. Mr. Cutts reported on the proposed Code amendment to correct language in- advertently omitted regarding prohibited off-street parking, which sets forth standards for governing circular driveways in the R-1 zone. Councilman Santangelo referred to the proposed Ordinance under Prohibited Parking, second sentence where it says, "In the R-1 zone, the vertex may be reduced to not less than fifteen feet when approved by the City Planner." He feels this needs to be clarified so that everyone will know it is the area in regard to the circular driveway. It was indicated a sentence was left out and should read "vertex of a circular driveway from the street property line may be reduced....." There was no correspondence received. Council Minutes 7/24/84 -2- �qo There being no one present to speak to the proposed amendment, it was moved by Councilman Davila, seconded by Councilman Santangelo, and so ordered to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 9150.20 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 783, CHAPTER 1, ARTICLE IX) The Ordinance was read by title only. It was moved by Councilman Davila, seconded by Councilman Santangelo, and passed by unanimous vote to waive further reading and to introduce. Mayor Barb opened the hearing on Lot Cleaning Assessments. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Cormack, seconded by Councilman Santangelo, and so ordered to receive and file the Proof. Mayor Barb inquired if the City Clerk had received any written protests, and the response was no. There being no one present to speak in protest, it was moved by Councilman Davila, seconded by Councilwoman Boggs, and so ordered to close the hearing. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo,, and passed by unanimous vote to deny any protests and affirm assessments on properties that have been cleaned by the City during the Fiscal Year 1983-84. Mayor Barb opened the hearing on Lighting District Annexation 84/29, Chaney Avenue between Via Amorita and Gotham Street. He inquired if the City Clerk had the Affidavit of Posting of Notice and Proof of Publication, and the response was yes. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and so ordered to receive and file the Affidavit and Proof. Mayor Barb inquired if the City Clerk had received any written protests or objections. Mr. Shand replied a letter was received this evening from Anne Hutchinson listing five reasons for protesting the installation of street lighting fix- tures on Chaney Avenue. Mr. Ralph explained staff has not had an opportunity to evaluate the protest, and he requested the hearing be continued to the next meeting. It was moved by Councilman Cormack, seconded by Councilman Davila, and so ordered to continue the hearing to 7:30 p.m., August 14, 1984, in the Council Chamber of the Downey City Hall. Mayor Barb opened the hearing on proposed amendment to Downey Municipal Code Creating a Medium Density Multiple Family Residential Ownership Zone (R- 3-0) and Amendments to the Plan Unit Development Ordinance. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Santangelo and so ordered to receive and file the Proof. Mr. Cutts explained this matter was referred to staff with instructions _ to try and ensure the fact that condominium development in Downey will be occupied by homeowners. The proposed Code Amendment for R-3 ownership would just allow for condominiums. In addition, in order to expedite the processing of PUD application, amendments are being recommended to the PUD Ordinance. Mayor Barb inquired if the City Clerk had received any correspondence, and the response was no. Mayor Barb asked if anyone wished to speak to the proposed Amendment. Council Minutes 7/24/84 -3- Mr. Paul Sarvis, 13603 Barlin, requested clarification of the amendment. There being no one else wishing to speak, it was moved by Councilman Davila, seconded by Councilman Santangelo, and so ordered to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTIONS 9112.04 (c) AND 9115 AND AMENDING SECTIONS 9110.10, 9114.04 AND 9132 OF THE DOWNEY MUNICIPAL CODE (CHAPTER 1, ARTICLE IX) The Ordinance was read by title only. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to waive further reading and to introduce. Councilman Cormack mentioned he is opposed to more apartments in Downey and while condominiums are better than apartments they are still high density. He thinks the City should do everything possible to encourage more R-1 development rather than high density. AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Items VIII-G-3 and VIII-G-7, Resolutions apaproving appointments to the Design Review Board, were removed from the Consent Calendar. CONSENT CALENDAR It was moved by Councilman Davila, seconded by Councilwoman Boggs, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Adjourned Regular Meeting of June 19, 1984; Adjourned Regular Meeting of June 26, 1984; and Regular Meeting of June 26, 1984. Report on Warrants Issued: #212142 - 212192; #318600 - 318839: $1,382,744.97. Zone Change Case No. 212 and General Plan Amendment 84-2 for property located at 8247-8253 Gardendale Street: Hearing set for 7:30 p.m., August 14, 1984, in the Council Chamber of the Downey City Hall. Project Area Committee: Appointment of Mr. David Ray to replace Robert Verderber, who was delegated as the Chamber of Commerce PAC Community Organization Representative. Rio Hondo Golf Course - Tournament and Banquet Evaluation Questionnaire Update. Health and Environmental Sanitation Committee: Appointments of Sal Lorenzetti and Gloria Heer for Councilmanic District Five. Traffic Committee: Appointment of Wallace F. Hunt for Councilmanic District Five. Community Access Citizens Advisory Committee: Appointment of Larry Koiiman for Councilmanic District Five. RESOLUTION NO. 4427 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING SUBSTITUTE ALTERNATE MEMBER OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICTS NUMBERS 2 AND 18 RESOLUTION NO. 4428 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DELEGATING AUTHORITY TO THE CITY MANAGER TO MAKE DETERMINATIONS AND SUBMIT APPLICATIONS FOR RETIREMENT UNDER THE PUBLIC EMPLOYEES' RETIREMENT LAW, AND RESCINDING RESOLUTIONS NO. 2917, 3131 AND 3293 Council Minutes 7/24/84 -4- lqo RESOLUTION NO. 4429 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF ROGER J. LAWRENCE TO THE RECREATION AND COMMUNITY SERVICES COMMISSION OF COUNCILMANIC DISTRICT ONE RESOLUTION NO. 4430 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF COUNCILMAN BOB DAVILA AS DELEGATE TO THE CITY SELECTION COMMITTEE OF THE SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT RESOLUTION NO. 4431 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF TERRY LAMBROS TO THE PLANNING COMMISSION OF COUNCILMANIC DISTRICT FIVE RESOLUTION NO. 4432 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APROVING THE REAPPOINTMENT OF CAESAR MATTEI TO THE LIBRARY ADVISORY BOARD OF COUNCILMANIC DISTRICT FIVE RESOLUTION NO. 4433 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF JAMES DERRY TO THE RECREATION AND COMMUNITY SERVICES COMMISSION OF COUNCILMANIC DISTRICT FIVE AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb Resolutions approving Appointments to Building Appeals/Design Review Board Councilman Santangelo said the Code concerning appointments to this Board is worded in such a manner that someone who is not a registered architect or an engineer could not be appointed, and he would like to see this changed. Councilwoman Boggs concurred. Referred to staff. ORAL COMMUNICATIONS - Items not on Agenda Carol Hoffman, 2300 Michaelson, Irvine, representing Interstate Consolidated Industries, owner of property at 9466-9510 Firestone Boulevard, said she sent a letter requesting an Appeal to Zone Variance 336 concerning a parking issue. She requested the Council consider setting the appeal for hearing on August 14th. The hearing was set for 7:30 p.m., August 14, 1984, in the Council Chamber of the Downey City Hall. Mr. Jim Derry, 7845 Fourth Street, requested the Council to ask staff for a report and recommendation on Moving the Downey Municipal Election back to April. He indicated the City election in June is not getting the attention it should have, and while a large number of people did go to the polls, there was a significant drop -out when it came to the end of the ballot where the City issues are located. Councilman Davila explained there have been two elections on this issue, and the voters overwhelmingly voted to keep the election in June. Councilman Santangelo would like to see a staff report on this issue and then conduct a hearing and make a proper decision on whether to go forward or leave it alone. Council Minutes 7/24/84 -5- 7Y7 Mr. Shand mentioned the deadline for placing an item on the November ballot is August loth. Councilwoman Boggs said there was a good response from the public, and she would be hesitant about changing it back to April. Mr. Shand indicated the difference in costs between the June and April elections is around $13,000. Mayor Barb feels it is important the City have its own election and seat its own elected representatives and that the savings for Downey to conduct its own election with staff time is far greater than $13,000. It was moved by Councilman Cormack and seconded by Councilman Santangelo to direct staff to prepare for the April election question to be placed on the November ballot. Mr. Newton advised that in order to accomplish this, the Council would have to adopt two resolutions, one calling for a special municipal election and asking the County to consolidate that election with the General Election, and another resolution placing a proposition on the ballot to provide for a change in the election date, and they would have to be adopted prior to the loth of August. Arguments in favor must be filed no later than August 14th, with rebuttal arguments ten days thereafter. Councilman Santangelo indicated he would like to see some past figures regarding the votes cast in April as opposed to June. He then withdrew his second to the motion. It was moved by Councilman Cormack, seconded by Councilman Santangelo, and so ordered to direct staff to make a study of the time and method of placing the issue on a special election ballot. Mr. Newton commented regarding the State Election Code provisions for the time period of 88 to 105 days for calling and conducting a special election by a municipality, which he said would bring it to sometime in January. It was requested the report be brought back the first meeting in September. Also to be included is possibly combining the special election with the School Board election. Mr. Sarvis mentioned that the number of people in June who make it to the end of a ballot are twice as many as vote in an April election. Mr. Sarvis then requested something be done to improve lighting in the Council Chamber. He was informed this is in the process. Mr. Sarvis submitted a letter from his attorney, Dale Gronemeier, which he read to the Council correcting some information given by the City Manager during the July loth vote on the Redevelopment Plan, specifically regarding the eminent domain exemptions in the Pasadena Plan and the possibility of voluntary use of eminent domain. Mayor Barb requested Mr. Sarvis discuss this with the City Manager or bring it up when the City Manager is present to respond. Lennie Whittington, 8542 Manatee, inquired regarding any decisions reached during the 6:30 p.m. Closed Session. He was informed the Council reconvened after that meeting and adopted a Resolution for a cost -of -living increase for the City Manager. Mr. Whittington referred to an inter -office memo to all Department Heads dated December 21, 1983, from Carl Newton, City Attorney, regarding Attorney -Client Privileges - Whittington vs. Downey which informs them that should Mr. Whittington or anyone acting in his behalf approach a City employee to discuss his case or request any information on the case, the employee can- not discuss this matter with him or provide any information based upon advice of the City Attorney; also, any requests for information should be made by Mr. Whittington's attorney directly to the City Attorney. Mr. Whittington said some employees and Department Heads are interpreting the memo to mean that they should not talk or associate with him or help him with any City matters Council Minutes 7/24/84 -6- ��qs and that recently, on two occasions, he was left standing at a counter for over 20 minutes. He requested the City Council to instruct all City employees and Department Heads that he is to receive the same courtesy and assistance in the future as any othe individual in the City, and he assured the Council that it is not his intention to discuss his case with any employee of the City. Councilman Santangelo mentioned he has learned of instances where people have been treated in the wrong manner by employees of the City, and he re- quested a memo be sent to all Department Heads advising that any citizen coming to the City for help should be treated fairly and with the utmost respect. The City Manager was requested to send out a memo to the Department Heads. Mr. Ralph stated it is staff's desire to treat everyone as equally as possible and to give the best level of service as possible. He also asked that specific cases be noted so that they can be looked into thoroughly. ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, AMENDING ARTICLE II, CHAPTER 1, OF THE DOWNEY MUNICIPAL CODE BY ADDING SECTION 2104 RELATING TO SEATING OF NEWLY ELECTED COUNCIL MEMBERS The Ordinance was read by title only. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by the following vote that the Ordinance be removed from the Agenda. Councilman Santangelo said the Ordinance is not needed to clarify something that is clear in his mind and the Charter, as well as being clear to the City Attorney with regard to seating of new Council Members. AYES: 4 Council Members: Davila, Santangelo, Boggs, Barb NOES: 1 Council Member: Cormack ORDINANCE NO. 760 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 9122.04, 9124.04 AND 9124.06 OF THE DOWNEY MUNICIPAL CODE WHICH RELATE TO USES IN THE COMMERCIAL ZONES (CHAPTER 1, ARTICLE IX) The Ordinance was read by title only. It was moved by Councilman Davila, seconded by Councilwoman Boggs, and passed by unanimous vote to waive further reading and to adopt. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE, SECTION 6407 OF ORDINANCE 29, PERMIT PROCEDURE The Ordinance was read by title only. It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by the following vote to waive further reading and to introduce. Councilwoman Boggs feels doubling the fee is too much of an increase. Mr. Ralph said the charge to the City to send fingerprinting material to the State for filing is $15.50. Councilman Davila doesn't think the City should be in the business of fingerprinting for private concerns. Chief Martin explained that many of the applications being processed are for permits required by the City. Council Minutes 7/24/84 -7- 12 Y77 AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 6127 OF ORDINANCE 255, UNIFORM TRANSIENT OCCUPANCY TAX OF THE CITY OF DOWNEY The Ordinance was read by title only. It was moved by Councilman Santangelo and seconded by Councilman Cormack to waive further reading and to introduce. An amended motion was made by Councilman Santangelo, seconded by Councilman Cormack, and passed by the following vote to increase the tax to eight percent. A discussion was held regarding the occupancy tax charged in the surveyed cities. AYES: 4 Council Members: Davila, Santangelo, Cormack, Barb NOES: 1 Council Member: Boggs Roll call vote on the Ordinance as amended: AYES: 4 Council Members: Davila, Santangelo, Cormack, Barb NOES: 1 Council Member: Boggs 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. It was moved by Councilman Davila and seconded by Councilman Santangelo to waive further reading and to adopt. Councilman Santangelo mentioned the Design Review Board has had a diffi- cult time getting a quorum at some of the meetings and as a result has caused people some inconvenience in their time and cost. Mayor Barb requested Mr. Cutts to prepare for the Council an attendance record of the last two years for members of the Design Review Board. Councilman Santangelo objects to the proposed $150 fee for Design Review, which he considers to be exorbitant. He also raised concern regarding some of the other fees proposed in the Resolution, which he feels are substantial increases. Councilman Davila agreed but noted inflation has increased. Mr. Leslie Olsen, 8129 Florence Avenue, representing the Building Industry Association, Southeast and Coastal Cities Chapter, said he has studied the proposed fees and finds they are in accordance with the average of other cities. Also, the Building Industry Association does not object to the fees proposed, but would object to increased fees to build up the General Fund. He suggested consideration be given to changes in parcel map fees and subdivisions and whether it would be better to have them adjusted to fit the size of the project rather than a flat fee. Mr. Cutts explained parcel maps are rather standard, but tentative tracts do vary in size. Mr. Ralph indicated subdivisions are not included in the fee schedule, and staff would be willing to look into it and report back to the Council. During further discussion, the fee for lot line adjustment was corrected to $150. It was also indicated the fee for design review appears to be incorrect. It as moved by Councilman Cormack to table the Resolution and bring it back next meeting. Council Minutes 7/24/84 -8- ?q90 Mayor Barb declared a recess from 10:16 p.m. to 10:23 p.m. The meeting resumed with all Council Members present. RESOLUTION NO. 4434 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITIES OF DOWNEY, NORWALK AND PICO RIVERA TO ADMIT NEW MEMBERS AND AMEND THE JOINT POWERS AGREEMENT The Resolution was read by title only. It was moved by Councilman Davila and seconded by Councilman Santangelo to waive further reading and to adopt. Councilman Santangelo mentioned the Council previously approved exploring the idea of adding four additional cities to the SEAACA consortium, which presently has three cities. He indicated the original investment of approxi- mately $800,000 was made up by the three cities, noting the largest investment of $600,000 was by the City of Norwalk. Councilman Santangelo expressed concern that if the four cities come into SEAACA and do not put up their share of the investment in capital improvements and present assets, then he feels if SEAACA is disbanded for any reason in the future, the three cities who made the original investment should have a return on that investment before the rest of the assets are divided. He mentioned that the four cities coming into SEAACA to participate in its management would, from July 1, 1984 forward, enjoy any increase in evaluation of the present assets. It was moved by Councilman Santangelo and seconded by Councilman Cormack to amend the Resolution that approval be subject to further study on distri- bution of the profits from the assets that are in place effective July 1, 1984. Mayor Cecil Green of Norwalk said the Norwalk City Council discussed this issue at its meeting last night and ended up with a 3-2 vote to change the Joint Powers Agreement to include the other four cities. He mentioned it was Norwalk's rational that they do not think SEAACA will fail nor do they anticipate trying to get their money back. Mr. Yotsuya explained the motion to amend the Resolution would delay the official joining of the four cities because it would require additional modi- fication of the Agreement. Also, any modification of the original agreement would require a unanimous vote of the Board. Mr. Dan Morrison, Director of SEAACA, said he has been negotiating with the contract cities for approximately a year on this matter, and they were under the assumption this Agreement would be approved as presented, and he does not know what the consequences would be on the part of the contract cities if the proposed amendment is changed. Once a decision is reached by the three cities, he will go back to the contract cities and either renegotiate or confirm they are admitted as members. Discussion followed. Councilman Santangelo asked if the other four cities are brought into the Authority, would there be any reduction in costs to the City of Downey? Mr. Morrison replied no, that this year the cities in the Authority are paying,on a per capita basis. Mayor Barb mentioned the new agreement does not contain a provision that would keep the member cities from terminating at any time they so desired. Mr. Newton explained the motion would be to amend the Resolution to provide that it is approved subject to the limitation mentioned. Mayor Barb said in order for SEAACA to Agreement, it takes a unanimous vote. However, takes a two-thirds vote to admit new cities. Council to rescind its commitment to the Joint was last approved and amend that Agreement. approve a new Joint Powers once that is approved, it only It would require the City Powers Agreement change that Council Minutes 7/24/84 -9- Mr. Newton indicated that could be a further condition attached to the Resolution. It was moved by Councilman Santangelo and seconded by Councilman Cormack as a further attachment to the Resolution. The amendment was passed by unanimous vote. The Resolution, as amended, was adopted by unanimous vote. RESOLUTION NO. 4435 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING RESOLUTION NO. 4281 AND UPDATING FEES AND SERVICE CHARGES FOR COPIES OF CITY DOCUMENTS AND CERTAIN POLICE SERVICES The Resolution was read by title only. It was moved by Councilman Cormack and seconded by Councilman Santangelo to waive further reading and to adopt. Mr. Paul Sarvis questioned the legality of a $1.00 charge for the first page of a document and estimated the real figure would be closer to five cents, excluding labor costs. He also disputed the figures charged for copies of Council Meeting tapes. He believes anything over 10 cents per copy or $25.00 for a City -made tape of a meeting, as well as any charge for a citizen to make a copy using his own recording equipment, is excessive. When asked if retrieval time for obtaining a copy from the file and then making a copy can be included in the amount charged, Mr. Newton explained the City is entitled to charge direct costs for copying documents, and time is part of the direct cost. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by unanimous vote to amend the Resolution that the first page charge be 50 cents and 10 cents for each additional page of the document retrieved. The Resolution as amended was passed by unanimous vote. RESOLUTION NO. 4436 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY IMPLEMENTING CLASSIFICATION AND COMPENSATION ADJUSTMENTS INCLUDED IN THE 1984-85 FISCAL YEAR BUDGET The Resolution was read by title only. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to waive further reading and to adopt. An amended motion was made by Councilman Davila and seconded by Councilwoman Boggs to remove the Fire Assistant Specialist. Councilman Davila said the Fire Assistant Specialist position should be removed because there are other areas where personnel could be utilized, such as a law clerk for the City Council. Also the Council is considering another Paramedic unit for the Fire Department. AYES: 1 Council Member: NOES: 4 Council Members Failed. Davila Santangelo, Boggs, Cormack, Barb Adoption of the Resolution was then passed by unanimous vote. RESOLUTION NO. 4437 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY IMPLEMENTING CLASSIFICATION AND COMPENSATION ADJUSTMENTS FOR POSITIONS IN THE ADMINISTRATIVE SECTION OF THE HOUSING DIVISION Council Minutes 7/24/84 -10- 9y5A The Resolution was read by title only. It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by unanimous vote to waive further reading and to adopt. RESOLUTION NO. 4438 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING A PORTION OF THE GENERAL PLAN OF LAND USE MAP GENERAL PLAN AMENDMENT #84-1A 10825 FAIRFORD AVENUE FORMER FAIRFORD ELEMENTARY SCHOOL The Resolution was read by title only. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Santangelo, Davila, Boggs, Cormack NOES: 1 Council Member: Boggs Mr. Newton asked for the record if it is correct that any negative vote by a Council Member on a Resolution or Ordinance was only to the adoption and not to the waiver of further reading, and each Council Member replied yes. RESOLUTION NO. 4439 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF JUDY RAY AS A MEMBER OF LIBRARY ADVISORY BOARD FOR COUNCILMANIC DISTRICT TWO The Resolution was read by title only. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by unaninmous vote to waive further reading and to adopt. ADMINISTRATIVE REPORTS It was moved by Councilman Davila, seconded by Councilwoman Boggs, and passed by unanimous vote to a award a contract to Coast Door Co., Inc., for furnishing and installing Overhead Doors for Fire Station No. 3 - Bid No. 8494 and appropriate $11,000 in Project No. 40-13902 for the current fiscal year. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by unanimous vote to recommend approval by the Downey Civic Center Corporation of Change Order No. 3 under Cash Contract No. 516, Civic Center Site Improvements. There being no objections, it was so ordered to remove from the Agenda for further study Solar Heating of Computer Room/Window Shield. It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by unanimous vote to recommend approval by the Civic Center Corporation of Change Order No. 31 under Cash Contract No. 485 - Civic Center Construction. Amendment of Councilmanic District Boundaries was held over to a later meeting. It was moved by Councilman Davila and seconded by Councilwoman Boggs to deny Cash Contract No. 520 - Trimming and/or Removal of Various Trees at Rio Hondo Country Club. Councilman Davila said the trees do need trimming and the work should be done. However, there are thousands of trees in the City that also need to be trimmed, and he feels they should have first preference. He questioned the maintenance of newly -planted trees, noting many of the new trees have perished. Mr. Ralph explained money collected at the Golf Course is being used to improve that facility. He did agree that some of the new trees have been lost, and he would be willing to look into it and bring a count back. Watering of trees is required for approximately one year after a tree is planted, and that is included in the City's operation. He responded to Council Minutes 7/24/84 -11- 7y9� questions regarding the number of trees at the Golf Course and plans to come back next year with a proposal for the remainder of the large trees. AYES: 1 Council Member: Davila NOES: 4 Council Members: Santangelo, Boggs, Cormack, Barb Motion failed. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by the following vote to award a contract to Travers Tree Service in the amount of $28,797.72. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila It was moved by councilman Cormack, seconded by Councilwoman Boggs, and passed by unaninmous vote to approve the request of the Downey Chamber of Commerce regarding the Bus Subsidy Program and appropriate $15,000 from unappropriated Proposition A Funds to be used for the purchase of SCRTD bus tokens pursuant to terms and conditions of the May 24, 1984, agreement. Mr. Cutts explained the Moratorium on Drive -In Mini -Marts would be for 45 days, and to continue it would require a public hearing. Staff is requesting Council to declare a moratorium and indicate its preference as to the four options listed on the staff report. It was moved by Councilman Davila to deny. The motion died for lack of a second. Mayor Barb said there are several cities, including Los Angeles, that no longer allow the sale of alcoholic beverages in mini -marts. He would be in favor of adopting the Ordinance as an urgency measure and then looking at it for 45 days. It was moved by Councilman Davila, seconded by Councilwoman Boggs, and passed by the following vote to refer the Ordinance over to the next meeting. AYES: 3 Council Members: NOES: 2 Council Members: Library Budget and Hours Davila, Santangelo, Boggs Cormack, Barb Mr. Jarrett explained the City has received notice from the State that the amount it will be receiving for Library services is $29,000, which is $5,000 more than originally appearing in the Budget. There is currently $62,030 to provide a minimum 52-hour schedule for the Library. He commented regarding two additional options that are available for increasing the Library hours. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and passed by the following vote to approve a part-time Library budget of $89,417 and appropriate $27,387 for Library part-time salaries to allow for a 58-hour schedule. AYES: 4 Council Members: Davila, Santangelo, Boggs, Cormack NOES: 1 Council Member: Barb Encroachment Permit - Neo Street east of Ryerson Avenue and east side Ryerson Avenue north of Neo Street Councilman Davila commented regarding use of the property in the past, which he said the property owner is making money from, and he feels that granting the encroachment permit will be setting standards for anyone else who would want to request the same. He made a motion that this matter be rescinded, which was seconded by Councilwoman Boggs. Mr. Willis R. Hanes of Hanes-Menser Architects, 8409 Florence Avenue, representing Mr. Harry Andrews, mentioned the property owners constructed both Ryerson and New Streets to City standards and then deeded the entire property to the City. He commented regarding the requested encroachment permit to place a planter area for a required parking lot within the City right-of-way, which has been granted by the City Council. He also discussed what they have Council Minutes 7/24/84 -12- �y3q accomplished to date with regard to a survey, elevations, landscaping design, and irrigation drawings. Councilman Cormack questioned whether a motion to rescind is proper. Mr. Newton explained an encroachment permit is a permissive permit that can be revoked at any time at the will of the Council. Mr. Hanes responded to questions regarding renovation plans for the property involved. Councilman Davila said according to the plans, the fence will be wire instead of masonry. When Mr. Hanes indicated there was no change in the existing chain link fence except to cover it with vines, Councilman Davila indicated it was his understanding the fence was to be constructed according to today's standards, which is a masonry wall. Mr. Cutts explained it was his understanding the fence was to be solid, but not necessarily block wall, slump stone or chain link, although if it is a chain link fence then slats would be required. AYES: 1 Council Member: Davila NOES: 4 Council Members: Santangelo, Boggs, Cormack, Barb Failed. It was moved by Councilman Davila that a masonry wall be installed instead of a chain link fence with slats. Councilman Santangelo indicated he has not seen the fence, but his main concern is that it be attractive after the slats are installed. Staff was requested to make available to the Council information as to what the conditons are and what can be expected on the property. ORAL COMMUNICATIONS: City Council Councilman Davila requested the Council to instruct staff to place the Boxing Program under the Recreation & Community Services Department and that it be operated with a Board of Directors. He said Mr. Rudy Flores will be in charge of setting up the program. Mr. Rudy Flores, 12138 Downey Avenue, commented regarding his interest in re-establishing the Boxing Program in the City of Downey and said he has discussed this with people who are interested in the becoming involved. He said funds would be needed to replace some of the badly worn equipment and to get the program started for the first year. After that, he feels the program could be operated like the Little League and conduct fund raisers. Mr. Brad Young, 8242 Alameda, concurred the equipment is pretty much destroyed, and it would take approximately $2,000 for new equipment. The ring is in good condition, and certain safety equipment is needed. It was suggested this be handled through Recreation to let them decide how the program should be handled. Mr. Flores was asked about his experience in administering boxing programs, and he replied he does not have any but that he has gone out and secured people who will run the program. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and passed by the following vote to ask Mr. Jarrett to direct the Community Services Commission to report back to the Council on the Boxing Program and to contact Mr. Flores for his input and to find out what would be required to continue the program. Councilman Santangelo expresed concern regarding the liability insurance aspect and said he would like to look at the insurability of the program beyond the first year. AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb Council Minutes 7/24/84 -13- �f9s Councilwoman Boggs referred to a construction project on Orizaba Street just northeast of Quinn, which has been in the construction stage for some time. She inquired regarding the status of this matter. Councilman Santangelo stated he has been working on this with City staff and when the City Manager returns from vacation he will then come back to the Council with the status of this project. Councilwoman Boggs noted the Olympic Torch will be traveling through Downey on Lakewood Boulevard and Florence Avenue on Thursday, July 26th. It was moved by Councilman Davila to rescind the Bicycle License Ordinance. He feels -it is a cost of taxpayers' money and the licensing should be done on a voluntary basis. Councilman Santangelo and Councilwoman Boggs each requested information regarding this issue before making a decision. A report for possible action will be placed on a future City Council Agenda. Councilman Davila expressed concern regarding continuity of construction projects. He then made a motion that there be a policy change in the Planning Department on permits issued by (1) setting a time limit to complete con- struction without just cause for a delay; (2) a penalty will be added for any unnecessary delays; and (3) all debris shall be cleaned up immediately or a container provided. Mr. Cutts commented regarding the 180-day time period under which a project must show substantial progress. Referred to staff. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and so ordered to establish a Charter Study Committee to review the existing Charter. Councilman Santangelo suggested possibly within a month each Council Member can come back with a recommendation of two appointments from each District. Councilman Santangelo expressed disagreement to the requirement of the existing code establishing criteria for appointing members to the Design Review Board. He requested staff to come back with a report justifying the limited type of personnel that can serve on the Board. Councilwoman Boggs would like to see an Ordinance change brought back. Mr. Ralph indicated staff will bring back the history of the Design Review Board concerning its formation. Referred to staff. Mr. Ralph mentioned the Council directed staff to bring back a study on establishing an additional paramedic unit. In the meantime, however, the City has the opportunity to send three of its existing personnel to paramedic school and he requested direction from the Council. Chief Wilkinson explained there is no charge from the Paramedic Institute, and the City has a standing reservation for two ,paramedics at each class in the event a paramedic is position becomes vacant through promotion or injury. Reservations must be confirmed three -to -four weeks in advance, and the current class begins August 27th. It is a five -month course. The concensus of the Council was to make the reservation. ORAL COMMUNICATIONS: Audience Joyce Lawrence, 9627 Cheddar, speaking on behalf of the Library Advisory Board and Friends of the Library, thanked the Council for its added support to the Downey Library Services. Council Minutes 7/24/84 -14- ��q(a ADJOURNMENT: 12:25 a.m. The meeting was adjourned to Office of the Downey City Hall, potential litigation and personnel. 6:30 p.m., August 14, 1984, in the Mayor's for closed session regarding pending and Robert L. Shand, City Clerk -Treasurer 41 AN WanF,i "-Aeli Council Minutes 7/24/84 -15-