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HomeMy WebLinkAboutMinutes-08-14-84-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 14, 1984 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Res. #4440, Ord. Annex. to Ltg. Maint. Dist. AD 121 (Annex. 84/29 - Chaney Av.) Adopted 1 General Plan Amendment 84-2 & Zone Change #212, Hearing closed; 8247, 8249, 8251 & 8253 Gardendale Av. Decision tabled to next meeting 2 Appeal, Zone Variance #336, 9466-9510 Firestone Denied 3 Removal of Items from Consent Calendar 4 Legal Claims: Ref. #676, Kaster & Flores; & Ref. #677, Yatsko Rejected 4 Report on Warrants Issued: #212193 - 212265 #318840 - 318272 Approved 4 Zone Variance #331, 9655 Firestone B1.: One -day Approved; hearing set ext. for filing appeal for August 28, 1984 4 Res. #4459, Apprvg. Public Library Video Circuit Joint Power Agreement Adopted 4 Cash Contract #SS-365, Firestone Bl./Brookshire Av.: Plans, specs & auth. to advertise Approved 4 Res. #4441, Apprvg. Reapptmt. of Dr. John C. Sims to Parking Place Comm., Council Dist. 5 Adopted 5 Res. #4442, Apprvg. Apptmt. of Dr. Daniel J. Wilson to Personnel Adv. Bd., Council Dist. 5 Adopted 5 Res. #4443, Apprvg. Reapptmt. of Mix Lewis to L.A. County Regional Public Recreation Area Auth. for Council Dist. 2 Adopted 5 Minutes: Adj. Reg. Mtgs. of June 29, 1984 Approved 5 Reorg. Mtg. of July 3, 1984; & Reg. Mtg. of July 24, 1984 Approved 5 Corres. from Auto Club of So. Calif. req. City support for widening Santa Ana Fwy. - 605 Fwy. to Orange County Line: Send letter restating position in favor Approved 5 Parade Pedrmit Application for American Diabetes Assn. for Oct. 7, 1984 Approved 5 Res. #4444, Adopting Regulations Governing Tape Recordings of Council Meetings & Rescinding Res. #4315 Adopted as amended 6 Mr. Albert Wisdom - Parking requirements for small shopping centers 6 Mr. David Ray - Bill from City Attorney No discussion 6 Ord, #761, Amending Zoning Map adopted by Sec. 9106.06 DMC (Planning Res. #781, Zone Change Case #210 & 211) (W/s Paramount Bl., Phlox St. & Burns Av.) Adopted 7 Page 1 of 3 COUNCIL MINUTES, AUGUST 14, 1984 TABLE OF MINUTES ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Ord. #762, amending DMC (Prohibited Parking Areas) Adopted 7 Ord. #763, amending DMC (Medium Density Multiple Family Residential) Adopted 7 Ord. #764, amending DMC re Permit Procedure Adopted 7 Ord. # 765, amending DMC re Uniform Transient Occupancy Tax of City Adopted 7 Res. # 4445, establishing Fee Schedules for Planning Cases Adopted 8 Consideration of Firestone B1. Revitalization Received & filed; Program Study Copies to be subm. to PAC & Plan Comm. 8 Ord. #766, Declaring Moratorium on Issuance of Bldg. Permits for "Drive -In Mini -Marts" Adopted as urgency 8 Los Angeles Sheriff's Dept. Justice Data Inter- face Controller System (JDIC): Auth. City staff to sign Amndmt. to Agmt. bet. City & County Approved 9 Res. #4446, Auth. City Mgr. to sign Contract w/Caltrans for Police Security Patrol in I-105 Freeway Area Adopted 9 Paramedic Report - Second Squad: Instruct staff to begin preparation for establishing another Paramedic Unit & come back wiAh further recommendation on funding Approved 10 Lease Renewals for all tenants of Apollo Neighborhood Service Center: Auth. execution of new Lease Renewals Approved 10 Imperial Highway Land Use Study Deferred to next mtg. 11 Mr. Wilson Rossler - Parking on side of Driveway Not approved 11 Lennie Whittington - Any action taken in closed session 11 Cn. Boggs - Jarvis IV 11 Cn. Boggs - Status of Appointments to Design To be brought back Review Bd. next meeting 11 Cn. Boggs - City Hall Air Conditioning 11 Cn. Boggs - I-105 Freeway Hearing, August 16th 11 Cn. Santangelo requested report on Requirement for Certificates of Insurance for events in Downey to protect City 11 Cn. Santangelo re status of Charter Study Comm. Staff preparing outline 11 Cn. Santangelo req. staff prepare Procedure for Showing Recognition to new Appointees 11 Cn. Santangelo req. study & report re implement- ing Program for Serving Wine & Beer at Theatre 11 Page 2 of 3 COUNCIL MINUTES, AUGUST 14, 1984 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT Cn. Davila requested recognition for good work by Officer Wells & Downey Police dog Cn. Davila re unavailability of Council Parking Area Cn. Davila re displaying Council photographs in City Hall Cn. Davila suggested Recognizing new Appointees as news item for Communicator Meeting adjourned to 6:30 p.m., August 28, 1984, in Mayor's Office re pending & potential Y P 9 litigation & personnel Meeting adjourned in Memory of Lance Kolar ACTION PAGE NO. 12 12 12 12 12 Page 3 of 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 14, 1984 The regularly scheduled meeting of the City Council of the City of Downey commenced at 8:05 p.m., August 14, 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: 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 Vicky Jenkins, Librarian Francis E. Carter, City Planner Harald J. Henriksen, City Engineer Jake Wager, Housing Manager Scot Yotsuya, Assistant to the City Manager Jeanne Cook, Deputy City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Monsignor John Young, Our Lady of Perpetual Help. The Flag Salute was led by Councilman Cormack. PRESENTATIONS: None HEARINGS Mayor Barb opened the hearing on Lighting District Annexation 84/29, Chaney Avenue between Via Amorita and Gotham Street, which was continued from the regular meeting of July 24, 1984. He inquired if staff had an opportunity to review the letter of protest. Mr. Ralph replied yes and said Mrs. Hutchinson is one of two people who did not sign the petition and is not in favor of the approval as presented. There being no one present to speak in protest to the annexation, it was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and so ordered to close the hearing. RESOLUTION NO. 4440 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN AREA INTO LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THOSE AREAS (ANNEXATION 84/29 - CHANEY AVENUE) The Resolution was read by title only. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by unanimous vote to waive further reading and to adopt. Mayor Barb opened the hearing on General Plan Amendment 84-2 from Retail Commercial to Low Medium Density Residential; and Zone Change Case No. 212 from C-2 to R-2 (HFB) for property located at 8247, 8249, 8251 and 8253 Gardendale Avenue. He inquired if the Deputy City Clerk had the Proof of Publication, and the response was yes. Council Minutes 8/14/84 -1- It was moved by Councilman Cormack, seconded by Councilman Santangelo, and so ordered to receive and file the Proof. Mr. Cutts reported on the requested General Plan Amendment and Zone Change, noting there are four lots affected, each 24 by 80, and they are approximately 2,000 square feet apiece. The property is currently vacant. The applicant proposes to adjust the original lot line to construct four single family homes on the properties. Mr. Cutts reported on the zoning of the surrounding properties. He said there is the possibility of two options for the properties: One is to maintain as is the existing General Plan designation of retail -commercial and commercial zoning; and the second option is a General Plan designation of low density residential and zoning of R-2. The second option would be the most compatible with the existing neighborhood. He narrated a slide presentation of the proposed project and responded to questions regarding the type of construction proposed. Mayor Barb inquired if there if the Deputy City Clerk had received any correspondence, and the response was no. Mayor Barb then asked if anyone wished to speak in favor of the project. Mr. Frank Evola, 7857 Florence Avenue, said the property has been vacant for several years because of the size of the individual lots and present zoning. It is believed after reviewing the surrounding area that down zoning would be the most desirable, which would make the properties compatible to the properties immediately to the north and west. It is proposed to construct four individual two-story homes built under standard Type 5 construction. He displayed an artist's rendering of the proposed project. Councilwoman Boggs expressed concern regarding the small lot sizes for the four houses. There being no one else to speak in favor, Mayor Barb asked if anyone wished to speak in opposition. Mr. Ken Beckner, 8342 Cheyenne Street, expressed his opposition by saying that 30-foot lots with four homes is not allowing the community to grow. He suggested two homes be built on the property. There being no one else to speak in opposition, rebuttal time was granted to the applicant. Mr. Evola said there are presently four lots and that the property was purchased with the intent of constructing four houses. If the four lots are reduced to two then the property owner's costs would be double. It was moved by Councilman Cormack, seconded by Councilman Santangelo, and so ordered to close the hearing. Councilman Santangelo concurred with Councilwoman Boggs regarding the small size lots, although he does recognize the property is better suited for residential than commercial. He suggested the property owner consider redesigning the project to put one structure on two lots. He is not in favor of developing the property with four lots 30' by 80'. Councilman Cormack said two houses on the lots would enhance the neighborhood. Mayor Barb requested staff come back in the next two or three months with proposals for this area to avoid 25 or 30 foot lots in the future. A discussion was held regarding the procedure which would allow the applicant to come back with a different proposal without having to pay additional fees. Councilman Santangelo asked Mr. Evola if he would possibily consider three residences on the property instead of four. Mr. Evola replied he would have to consult with his client. There being no objections, the decision was tabled to the next meeting so that all possibilities can be explored. Council Minutes 8/14/84 -2- Mayor Barb opened the hearing on Appeal to Zone Variance No. 336, 9466- 9510 Firestone Boulevard. He inquired if the Deputy City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Cormack and so ordered to receive and file the Proof. Mr. Cutts commented on the request to vary from the City's Code be reducing the number of off-street parking spaces for a strip commercial center on property zoned C-2 and is the site of a recently completed 19,000 square foot retail commercial shopping center with 104 off-street parking spaces. Because of the tenant mix there is a need for 143 parking spaces. He mentioned 68 parking spaces are required for a pizza restaurant to be located in the center. Mr. Cutts indicated it is staff's recommendation to approve, and although the City does not have a provision in the Zoning Code allowing for joint use parking facilities, this could be made a condition of approval. Mayor Barb inquired if the Deputy City Clerk -had received any correspondence, and the response was no. Councilwoman Boggs mentioned this is a brand new structure that does not have all of the spaces leased and yet there is a parking problem. She recommended something be done with the Code immediately to prevent this from happening again. Councilman Santangelo said the problem is not with the City's Code but with the leasing company who improperly leased the facilities for uses that require more parking. The aplicant was asked to come forward and present his case. Mr. Larry Hoffman, representing Interstate Consolidated, the developers of Leo's Plaza, expressed concern regarding adequate parking and said when they found out they were over the capacity according to Code, they hired people to do parking studies. While they do not meet the parking code, they feel they have met the parking demands. They anticipate that by restriping the rear of the project, they can provide eight more parking spaces. Mr. Hoffman said they would accept a condition of approval that parking for the Plaza shall be as shown on the plan on file with the City unless, in the opinion of the Director of Community Development, there is a shortage of parking spaces, in such case upon notification by the City the property owner shall within 30 days restripe the rear parking area per the alternative plan and have the additional eight spaces. Councilman Santangelo asked if Mr. Hoffman has explored the possibility of acquiring adjacent property to this project, and Mr. Hoffman replied yes. A discussion was held regarding employee parking vs. customer parking and it was noted a traffic study was conducted at the request of the applicant, a revision of which indicates Leo's Stereo would be open in the evenings. Councilman Santangelo inquired if the applicant has explored the possibility of acquiring the property to the west for additional parking, and Mr. Hoffman replied no. Mr. Charles Cervesi, 12424 Rose Avenue, mentioned he is a lessee in Leo's Plaza and intends to open a video movie rental store, which does not require as much parking as some of the other businesses. He does not feel that many of the businesses in the Center will require a large amount of parking, with the exception of the pizza restaurant. Mr. Cervesi requested a resolution to this matter so that the stores that are ready to open and require less parking will be allowed to do so. Mayor Barb declared a recess from 8:55 p.m. to 9:05 p.m. The meeting resumed with all Council Members. Councilman Santangelo said after consultation with the City Attorney, he will abstain from any further discussion or voting on this matter. He then excused himself from this portion of the meeting. There being no one else to speak in favor, Mayor Barb asked if anyone wished to speak in opposition. Council Minutes 8/14/84 -3- Mr. Jim Derry, 7845 Fourth Street, speaking as a citizen interested in redevelopment, said the variance should not be granted because of the oversight of a leasing agent. There being no one else wishing to speak in opposition, Mr. Hoffman was asked if he wished to speak in rebuttal, and his response was no. It was moved by Councilman Davila, seconded by Councilman Cormack, and so ordered to close the hearing. Councilwoman Boggs feels consideration should be given to the fact that approval is requested for shopping centers when it is not known who the lessees are or what the parking requirements will be, and lessees change from time to time. She noted that there is an eating facility in most of the smaller shopping centers, which require a larger amount of parking. Mr. Cutts explained plans are formulated for parking based on proposed plans submitted by a developer, and in this case 19 parking spaces were added because it was felt there would be a restaurant; however, the restaurant turned out to be larger than anticipated, which created a parking shortage. Staff has no idea as to what the parking needs are going to be and does attempt to encourage a developer to put in as many parking spaces as possible. Mayor Barb suggested a brochure or pamphlet be available for developers of this type of project to warn them against possible parking problems. It was moved by Councilman Davila, seconded by Councilman Cormack, and passed by the following vote to deny the variance. AYES: 4 Council Members: Davila, Boggs, Cormack, Barb ABSENT: 1 Council Member: Santangelo At this time the Community Development Commission resumed and conducted the remaining items on its agenda. The City Council then resumed with its meeting, at which time Councilman Santangelo returned. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Items VIII-A, Minutes; VIII-B-1, Correspondence from Southern California Automobile Club; and VIII-F-3, Parade Permit Application for American Diabetes Association, were removed at the request of Councilman Santangelo. Agenda Item VIII-G-4, Resolution governing Tape Recordings of Council Meetings, was removed at the request of Mr. Paul Sarvis. CONSENT CALENDAR It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to approve the Remainder of the Consent Calendar: Rejection of Legal Claims: Ref. #676, Ron and Kay Flores and Gary and Rosario Kaster; and Ref. #677, Robert Yatsko. Report on Warrants Issued: #212193 - 212265; #318840 - 318272: $1,353,255.02. Zone Variance No. 331. 9655 Firestone Boulevard: Approve one -day extension for filing appeal and set hearing set for 7:30 p.m., August 28, 1984, in the Council Chamber of the Downey City Hall. RESOLUTION NO. 4459 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DOWNEY APPROVING THE PUBLIC LIBRARY VIDEO CIRCUIT JOINT POWER AGREEMENT Cash Contract No. SS-365, Firestone Boulevard/Brookshire Avenue: Plans, specifications and grant authority to advertise. Council Minutes 8/14/84 -4- RESOLUTION NO. 4441 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF DR. JOHN C. SIMS TO THE PARKING PLACE COMMISSION FOR COUNCILMANIC DISTRICT FIVE RESOLUTION NO. 4442 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MR. DANIEL J. WILSON TO THE PERSONNEL ADVISORY BOARD FROM COUNCILMANIC DISTRICT FIVE RESOLUTION NO. 4443 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF MIX LEWIS AS A MEMBER OF THE LOS ANGELES COUNTY REGIONAL PUBLIC RECREATION AREA AUTHORITY FOR COUNCILMANIC DISTRICT TWO AYES: 5 Council Members: Santangelo, Davila, Boggs, Cormack, Barb Minutes: Adjourned Regular Meeting of June 29, 1984 Councilman Santangelo stated that inasmuch as he was not in attendance on June 29, 1984, he will abstain from voting on approval of those Minutes. It was moved by Councilman Cormack to approve the Minutes of June 29, 1984. The Chair accepted the motion, which was passed by the following vote: AYES: 3 Council Members: Davila, Cormack, Barb ABSTAIN: 2 Council Members: Santangelo, Boggs It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by unanimous vote to approve the Minutes of the Reorganization Meeting of July 3, 1984, and Regular Meeting of July 10, 1984. Correspondence from Automobile Club of Southern California requesting City Support for widening Santa Ana Freeway - 605 Freeway to Orange County Line Councilman Santangelo inquired regarding costs for the proposed project. Mr. Ralph replied this would be a State project, and it is just one of the projects that are being considered for funding in the future. Councilman Santangelo said he would not want to vote on this issue unless he knew what the costs would be. Councilman Cormack indicated this item was previously approved and would only require a letter to be sent to the Auto Club. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and the by the following vote to send a letter to the Automobile Club restating heposition of the Council favoring widening the I-5 Freeway from the 605 Freeway to the Orange County Line. AYES: 4 Council Members: Davila, Boggs, Cormack, Barb NOES: 1 Council Member: Santangelo Parade Permit Application for American Diabetes Association for. October 7, 1984 Councilman Santangelo mentioned that by lending its approval to a parade permit, if there is a resulting problem or accident the City could be named in a lawsuit. He asked if there is any way approval of the parade permit could be conditioned on the requirement of liability insurance. Mr. Newton said there from attaching a condition additional insured covering of the parade. is nothing in the Code that limits the City Council of an insurance certificate naming the City as an any liability that would arise out of the conduct Council Minutes 8/14/84 -5- ;�3 It was moved by Councilman Santangelo and seconded by Councilwoman Boggs that the liability certificate naming the City of Downey as additional insured be in the area of $5-10 million and added as a condition attached to approval of the permit. Discussion followed. AYES: 1 Council Member: Santangelo NOES: 4 Council Members: Davila, Boggs, Cormack, Barb Failed. It was moved by Councilman Cormack, seconded by Councilman Davila, and passed by the following vote to approve the Parade Permit Application for American Diabetes Association for October 7, 1984. AYES: 4 Council Members: Davila, Boggs, Cormack, Barb NOES: 1 Council Member: Santangelo RESOLUTION NO. 4444 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING REGULATIONS GOVERNING TAPE RECORDINGS OF COUNCIL MEETINGS AND RESCINDING RESOLUTION NO. 4315 The Resolution was read by title only. It was moved by Councilman Cormack and seconded by Councilman Davila to waive further reading and to adopt. Mr. Paul Sarvis, 13603 Barlin, feels the paragraph which indicates tapes are not to be considered a permanent record of the City should be striken because there is an Attorney General opinion stating they are public record. He said Paragraph 9 provides for destruction of the records after two years, and he indicated that destroying the tapes after two years could be destroying an important record to the City in defending against lawsuits that later hinged on what the intention of the City was with regard to wording of the Resolution. He feels this section is illegal and should also be striken from the Resolution. In addition, Mr. Sarvis said the $5 charge for a citizen to make copies using his own equipment and tape is a violation of the law by attempting to charge citizens for inspection of public records instead of for duplication, and he believes the $25 charge for a City -made copy is in excess of the actual costs of duplication. Following discussion, it was moved by Councilwoman Boggs, seconded by Councilman Cormack, and passed by unanimous vote to amend Section 1, Paragraph 9, to read "the tape records of the City Council Meeting will be kept for a minimum of five years and then offered to the Downey Historical Society prior to destruction." The Resolution as amended was passed by unanimous vote. ORAL COMMUNICATIONS - Items not on Agenda Mr. Albert S. Wisdom, 8713 Meadow Road, referred to previous discussion concerning parking requirements for small shopping centers noting that when new businesses are going in there should be a process so .that businesses do not have the problem that occurred with the zone variance on tonight's agenda regarding Leo's Plaza. Mayor Barb said staff has been asked to look into this and the City will be looking into the options to see how many stores can be permitted to open as soon as possible. Mr. David, Ray, 7338 Nada, distributed a copy of a bill from the City . Attorney. He was informed this pertains to an item of litigation, and it will not be discussed in open meeting. Council Minutes 8/14/84 -6- �30 ORDINANCES ORDINANCE NO. 761 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 Councilwoman Boggs, seconded by Councilman Santangelo, and passed by the following vote to waive further reading and to adopt. Councilman Santangelo recommended in the future that any document similar to this be accompanied by a plat map of the properties affected. AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb ORDINANCE NO. 762 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 Santangelo, seconded by Councilwoman Cormack, and passed by the following vote to waive further reading and to adopt. Mr. Wilson Rossler, 12732 Orizaba Avenue, urged the Council to retain a flexible attitude on recreational vehicle parking as it pertains to driveways and non -landscaped areas in a setback. He feels as long as they do not present a hazard or eyesore they should be allowed. He was informed the Ordinance applies to the required landscaped area. Mr. Rossler said he received a letter from the City stating he would have to move his recreational vehicle parked at the side of his driveway in a non -landscaped area. AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb ORDINANCE NO. 763 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 unanimous vote to waive further reading and to adopt. ORDINANCE NO. 764 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 Councilwoman Boggs, seconded by Councilman Santangelo, and passed by unanimous vote to waive further reading and to adopt. ORDINANCE NO. 765 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, seconded by Councilman Cormack, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Davila, Santangelo, Cormack, Barb NOES: 1 Council Member: Boggs Council Minutes 8/14/84 -7- RESOLUTIONS RESOLUTION NO. 4445 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 Santangelo, seconded by Councilman Cormack, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Davila, Santangelo, Cormack, Barb NOES: 1 Council Member: Boggs Mayor Barb declared a recess from 10:22 p.m. to 10:35 p.m. The meeting resumed with all Council Members present. ADMINISTRATIVE REPORTS Consideration of the Firestone Boulevard Revitalization Program Study Mr. Mark Hall, Principal with Archiplan Urban Design Collaberative, 6624 Melrose Avenue, Los Angeles, reported on the study of a proposed comprehensive revitalization program along the entire length of Firestone Boulevard through the City. He mentioned it has been their charge not only to identify potentials for the area but also to make recommendations on how to maintain the market potential. He commented regarding the five districts which were formed along Firestone Boulevard in evaluating the revitalization program. Mr. David Wilcox, principal and partner of Economics Research Associates located in Los Angeles, summarized some of the market analysis issues involved in the study, which included establishing a merchants survey, conducting personal interviews with 21 identified merchants and owners, conducting a classic market demand analysis, and assessing oncoming competition from surrounding communities. He commented regarding a further study, which included establishing a merchants survey, conducting personal interviews with 21 identified merchants and owners, conducting a classic market demand analysis, and assessing oncoming competition from surrounding cities. He commented regarding the key findings of the market analysis. Mr. Hall reiterated the fourteen points of recommendation which are included in the report, and he narrated a slide presentation. Mr. Hall and Mr. Wilcox responded to questions regarding trees in the medians; landscaping along the store fronts; upgrading the City's westerly entrance way; and continual maintenance of improvements along Firestone. It was moved by Councilwoman Boggs, seconded by Councilman Davila, and passed by the following vote to receive and file the report and make copies available to the Project Area Committee and Planning Commission. Councilwoman Boggs recommended the Council schedule a study session with the Planning Commission and Project Area Committee to review the study. AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb ORDINANCE NO. 766 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING A MORATORIUM ON THE ISSUANCE OF ANY BUILDING PERMIT FOR, OR THE ESTABLISHMENT OF, ANY USE WITHIN THE MEANING OF THE TERM "DRIVE-IN MINI -MART" PENDING ESTABLISHMENT OF ZONING REGULATIONS FOR SUCH USE BY THE CITY; SAID ORDINANCE TO BE ADOPTED AS AN URGENCY ORDINANCE PURSUANT TO SECTION 65858 OF THE GOVERNMENT CODE Councilman Cormack mentioned his main concern regarding mini -marts is the fact that they are not providing necessities, such as aids for cleaning windshields, lack of restrooms, air and water are not visible, and he feels some standards need to be established. Councilwoman Boggs would like to combine the four options contained on page 2 of the staff report. Council Minutes 8/14/84 -8- q)1 40 Councilman Davila feels a cashier should be stationed outside for the convenience of patrons. Councilman Santangelo expressed his concern regarding the possible problems mini -marts could create for the Police Department in the way of robberies and also they can prohibit other markets from making a success of their business. Eleanor Lindenfeld, 8846 Manzanar, commented regarding her patronage of a station that has recently put in a mini -mart. She said her biggest complaint is that they are not required to have restrooms, and she cited health problems that have been created as a result. She requested a directive be given to the Planning Commission to require public restrooms. The Ordinance was read in its entirety. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by unanimous vote to adopt. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by unanimous vote to authorize City staff to sign Amendment No. 1 to Agreement No. 30846 between the City of Downey and the County of Los Angeles for the Downey Police Department to participate in the Los Angeles Sheriff's Department Justice Data Interface Controller System (JDIC). RESOLUTION NO. 4446 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT NO. 07A921 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR POLICE SECURITY PATROL IN THE I-105 FREEWAY AREA The Resolution 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 adopt. An amended motion was made by Councilman Davila that the City do whatever it can to increase the amount of money it gets from the State. The motion died for lack of a second. Mr. Newton said the Council should not enter into an agreement if it intends to contest the State°s position in providing the level of support for the activity that is to be funded. Mayor Barb mentioned the City has negotiated in an attempt to secure the amount of money it secured in the past. Chief Martin suggested the only recourse is to attack the portion of the Consent Decree when the lawsuit was settled five years ago that the State was to provide extra police patrol in the Freeway corridor. He explained the formula used by the State this year for establishing how much each City will receive was the same for all cities. The other cities agreed with the formula, and some of the cities took major cuts. He mentioned that $280,000 a year covers providing five Police Officers in the Freeway corridor continually 24 hours a day seven days a week, which includes salaries, overtime benefits and necessary equipment. This means the City will be subsidizing around $200,000 from the General Fund. Councilman Santangelo expressed his intent to make a motion to take whatever steps are necessary to acquire more money from the State. Mr. Newton explained his firm represents the seven cities in the corridor in the ongoing review of the implementation of the Consent Decree, which has been relatively inactive because all of the disputes have been between the Federal Highway Administration and Caltrans. Discussion followed. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila Paramedic Report - Second Squad Mr. Ovrom explained that if the Council does not make a decision, City Council Minutes 8/14/84 -9- staff can still enroll in the Paramedic classes beginning August 27th. It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by the following vote to instruct staff to begin preparation for establishing another Paramedic unit and come back with further recommendation on funding. Councilman Santangelo suggested the possibility of having a survey taken through the water billing once it is determined what the cost will be and whether or not people would be wiling to pay a fee to have additional protection in the City. Councilwoman Boggs would like to have a Paramedic unit available during the critical time of a heart attack. She would also like to see the Fire Department start training for CPR. Councilman Davila favors placing this issue on the ballot to let the voters decide. Councilman Santangelo suggested possibility of looking to contracting with an ambulance service to supplement the Paramedic unit and he feels there should be further consideration given before approving a $300,000 program at this point. Councilman Cormack commented regarding the necessity for another unit and suggested a $50-$100 charge everytime the unit is called out, which would also eliminate unnecessary calls. Mayor Barb referred to the statistics cited in the report, which shows Downey among the top two -to -three cities, and he feels there is enough reserve in this year's budget to more than pay for its cost. He did mention the only way there would be a funding problem is if Jarvis IV passes in the November election. Chief Davis commented regarding the Downey area served by Santa Fe Springs paramedics and said if the Downey unit is tied up in another area of the City, Santa Fe Springs would respond to any part of the City. The County and other cities also provide mutual aid. Councilwoman Boggs favors a $1.00 a month charge on the water bill rather than having someone avoid calling for help because of financial difficulty. Lennie Whittington, 8542 Manatee, mentioned if the Jarvis bill passes in November, it would roll all new fees, assessmentsor taxes back to November 1983. He said a number of cities in the State have gone to private ambulance companies, who have trained their people as paramedics, which could be a saving to the City. Mr. Whittington suggested a possible method of financing of charging a percent of the gross business to private ambulance companies in the City, which could be a $100,000 saving to the City. AYES: 3 Council Members: Boggs, Cormack, Barb NOES: 2 Council Members: Davila, Santangelo It was moved by Councilwoman Boggs and seconded by Councilman Cormack to approve execution of new Lease Renewals for all tenants of Apollo Neighborhood Service Center. An amended motion was made by Councilman Santangelo and seconded by Councilman Davila to allow the tenants named on the tenants list to remain on the property at those rates on a month -to -month basis. Mr. Cutts explained this could be a problem for the tenants because they need to have something to base their budgets on, and there is also the issue of insurance. Mayor Barb said there could be drawbacks for the tenants in obtaining financing for making improvements. Roll call vote on the amended motion: AYES: 2 Council Members: Davila, Santangelo NOES: 3 Council Members: Boggs, Cormack, Barb Council Minutes 8/14/84 -10- ?)J 9 Failed. The original motion was then passed by unanimous vote. Mayor Barb requested the Imperial Highway Land Use Study be deferred over to the next meeting. ORAL COMMUNICATIONS: Audience Mr. Wilson Rossler, 12732 Orizaba, addressed the Council regarding parking on the side of the driveway, which is the only feasible place for him to park. He proposed a change be made that a person can park in the driveway as along as he leaves access to the garage and said he also feels there should not be a distinction between a trailer and motor home. Photographs were distributed for the Council's perusal. Mr. Rossler responded to questions of the Council. It was moved by Councilman Davila and seconded by Councilwoman Boggs that staff study the Code to see if they can make a recommendation for an exemption on a particular individual's case where there are no complaints from the neighbors. Councilwoman Boggs expressed concern about considering recreational vehicle parking one at a time. During further discussion, Mr. Cutts mentioned several options were offered to Mr. Rossler by staff, which included providing access to the rear yard through a gate, or another was through the zone variance process. AYES: 1 Council Member: Davila NOES: 4 Council Members: Santangelo, Boggs, Cormack, Barb Failed. Mr. Lennie Whittington, 8542 Manatee, asked if there was any action taken in the 6:30 p.m. closed session. Mr. Newton replied there was no action taken where there is requirement of announcement. ORAL COMMUNICATIONS: Councilwoman Boggs inquired if the City is getting ready in case Jarvis IV passes. Mr. Ovrom replied staff has not yet considered any of the specifics. Councilwoman Boggs mentioned she and Councilman Santangelo raised a question regarding Appointments to the Design Review Board and she inquired regarding the status of this matter. She was informed this will be brought back next meeting. Councilwoman Boggs asked if City Hall air conditioning operates over the weekends, noting she was in City Hall last weekend and it was operating. The response was that the air conditioning should be off on the weekends and there are mechanical difficulties which are being corrected. Councilman Boggs said she is on the Freeway Committee and there is an I-105 Freeway hearing on August 16th. She noted there are issues she is unhappy about, and she requested the Council's permission to proceed with her remarks at the hearing. There were no objections from the Council. Councilman Santangelo requested a report regarding a Requirement for certificates of insurance for events in Downey to protect the City. He also inquired regarding status of the Charter Study Committee. Mr. Yotsuya explained staff is in the process of preparing an outline of what it interpreted the Council's wish to be in forming a Charter Study Committee. Councilman Santangelo requested staff to prepare a Procedure for Showing Recognition to New Appointees and come back with a recommendation. Council Minutes 8/14/84 -11- E Councilman Santangelo would like staff to study and prepare a report to implement Serving of Wine and Beer at events at the Civic Theatre. Councilman Davila requested Recognition for the good work performed by Officer Wells and a Downey Police dog. He also mentioned that over the weekend he was unable to find a parking space in the Council area because outside personnel were working in City Hall and recommended that no one be allowed to park there for an unlimited period of time. Mayor Barb mentioned there was outside personnel working in City Hall unsupervised. Councilman Davila suggested the Council photographs be displayed in City Hall so that people will know who the Council Members are. He also suggested that Recognizing new Appointees could be a news item for the Communicator. ADJOURNMENT: 12:38 a.m. The meeting was adjourned to 6:30 p.m., August 28, 1984, in the Mayor's Office of the Downey City Hall, for closed session regarding pending and potential litigation and personnel. The meeting was also adjourned in following an accident. C � [C Je n Deputy City Clerk -Treasurer Memory of Lance Kolar who passed away Randall R. Barb, Mayor Council Minutes 8/14/84 -12-