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HomeMy WebLinkAboutMinutes-09-11-84-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 11, 1984 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Proclamation re Constitution Week 1 Proclamation re Emergency Medicine Week 1 Proclamation declaring Opal Henn Day 1 Plaque with State Badge to former Mayor and Cn. Ted Jackman 1 Res. #4460, Ord. Annex to Ltg. Maint. Dist. A.D. 121 (Annex. 84/30, Birchcrest Rd.) Adopted 2 Ord. re Zone Change #213, 12270 Paramount B1. Introduced 2 Res. #4461, adopting 1984-85 City Clerk Pay Plan Adopted 2 Removal of Items from Consent Calendar 3 Minutes: Reg. Mtg., August 14, 1984. Approved 3 Rejection of Legal Claims: Ref. #681, Martinez; & Ref. #682, Ward Approved 3 CC #SS-372/392, Citywide Street Resurfacing: Plans, specs & grant auth. to advertise Approved 3 — General Warrants: #212310 - 212337 #319556 - 319866 Approved 3 Health & Environmental Sanitation Comm.: Reapptmts. of Connie Sziebl & James Karsjens Approved 3 Res. #4462, Apprvg. Program Suppl. #20 to City/State Agmt. #07-5334 for Const. of Street Imprvmts. re FAU Systems Act Adopted 3 SS Proj. #374 - Brookshire Av. Resurfacing, Everest St. to Alameda St.: Plans, specs & grant auth. to advertise Approved 3 Res. #4463, Apprvg. Program Suppl. #21 to City/State Agmt. #07-5334 for Const. of Street Imprvmts. re FAU Systems Act Adopted 3 SS Proj. #359, Brookshire Av. Storm Drain - Imperial Hwy. to Eucalyptus St.: Plans, specs & grant auth. to advertise Approved 3 Res/ #4464, Proposing to Annex to Ltg. Maint. Dist. AD 121 (Annex. 84/31, Luxor St. bet. Old — River School Rd. & Ryerson Av.) Adopted 3 Res. #4465, Apprvg. Engineer's Rpt. (Annex. 84/31) Adopted 4 Res. #4466, Decl. Int. to Annex into Ltg. Maint. Adopted; sets hearing Dist. AD 121 (Annex. 84/31) for Sept. 25, 1984 4 Res. #4467, Apprg. Reapptmt. of Joseph G. Ferris to Recreation & Comm. Serv. Comm, for Dist. 3 Adopted 4 SS Proj. #387 - Firestone B1. Medians Status Rpt. Received & filed 4 Req. for Waiver of Zone Variance Fee Staff to bring back rpt. 4 Page 1 of 3 COUNCIL MINUTES, SEPTEMBER 11, 1984 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cn. Santangelo req. staff report re garages converted into living space 4 Moratorium on Drive -In Mini -Marts Hearing set for Sept. 25, 1984 4 Bicycle Licensing: Direct City Attorney to prepare Ord. rescinding Bicycle Licensing Ord. & auth. staff to come back w/report on implementn. of voluntary bicycle registration Approved 5 Lennie Whittington re Oral Communications 5 Mrs. Cheryl Van Rensselaer re road work and tree removal on Via Amorita Ref. to staff 6 Cn. Davila req. ruling from City Attorney whether telephone polling of Council re City business is violation of Brown Act & whether any written document req. concensus of majority of Council is violation of Brown Act 6 Ord. re Uniform Bldg. Code Amendments Re -introduced 6 Gen. Plan Amndmt. #84-2 & Zone Change Case #212, 8247 Gardendale St.: Grant ext. to 9/25/84 per req. of applicant Approved 6 Res. #4468, Establishing Three Water Service Zones for Separate Water Rates & Rescinding Res. #4279 Adopted 7 Res. #4469, Subordinating Interest in Cooperative Agmts. #1-8 w/Downey Comm. Dev. Comm., a $1,200 Promissory Note dated 3/12/84 & a $120,000 Agmt. for Acquis. of real Ppty. dated 6/11/84 Adopted 7 Formation of Design Review Bd.: That the make-up of the Bd. be as presented by staff except replace word "mandatory" with "desirable" as to classifi- cations recommended by staff Approved 7 CC #485, Civic Center - Change Order #21: Recommend to Downey Civic Center Corp, that Change Order be approved Approved 8 Bus Subsidy Program: Purchase of addl. 5,000 tokens for $2,500 & accept staff recommendation for appropriation from unapprop. Prop A funds Approved 8 Locate City Hall Arch at the Grassy Knoll Approved 8 Cn. Santangelo req. copy of proposed changes to Sign Ord. 9 Cn. Santangelo req. status for serving beer & wine in Downey Theatre 9 Cn. Santangelo re more senior citizen housing in City 9 Cn. Santangelo re Street Sweeping Policy 9 Cn. Davila re more security at City Hall 9 Cn. Davila re citizen request to dedicate portion of property for development on Orange St. Being reviewed by staff 9 Page 2 of 3 COUNCIL MINUTES, SEPTEMBER 11, 1984 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cn. Davila re requiring businesses to clean their premises 9 Cn. Davila re City Hall Telephone System 9 Reconsideration of Item VI-C on Community Access Agenda & not appoint Gene Botault Approved 10 Cn. Cormack req. staff look into seismic testing along River 10 Cn. Cormack req. Police Dept. identification signs at new Civic Center 10 Cn. Boggs req. quicker distribution of Council Minutes 10 Cn. Boggs re improved lighting in Council Chamber 10 Mayor Barb re status of Motel Ord. re regulations for rental & maint. of rooms on daily basis 10 Mayor Barb favors increasing tax credit to local businesses 10 Mayor Barb req. letters be sent to all gardeners informing of Ord. controlling use of blowers & encouraging them to turn in any unlicensed gardeners 10 Joyce Lawrence suggested enacting regulations governing attendance at board & comm. meetings 10 Lennie Whittington re enforcement of restrictions governing Oral Communications 10 Meeting adjourned to 6:30 p.m., Sept. 25, 1984, in Mayor's Office for closed session re pending & potential litigation & personnel 10 Page 3 of 3 Job MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 11, 1984 The City Council of the City of Downey held a regular meeting at 7:30 p.m., September 11, 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 Diane P. Boggs James S. Santangelo Robert G. Cormack ALSO PRESENT: Bud Ovrom, City Manager Peter M. Thorson, Assistant 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 E. Carter, City Planner Harald J. Henriksen, City Engineer Scot Yotsuya, Assistant to the City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Father Bob Gipson, Pastor, St. Raymonds Catholic Church. The Flag Salute was led by Clara Wilson, D.A.R., accompanied by the R.O.T.C. Color Guard. PRESENTATIONS: Mayor Barb presented to Dorothy Jones of the Santa Gertrudes Chapter of Daughters of the American Revolution a Proclamation designating Constitution Week in Downey. Mayor Barb presented Vivian Carr, Supervisor of the Emergency Department of the Downey Community Hospital, a Proclamation declaring Emergency Medicine Week. Ms. Carr invited everyone to attend an open house to be hosted by the Downey Community Hospital on Wednesday, September 19th. Mayor Barb presented to Opal Henn a Proclamation declaring Friday, September 14, 1984, as Opal Henn Day in the City of Downey. Mayor Barb presented a plaque with the State of California badge to former Mayor and Councilman Ted Jackman, signifying his service to the City. Mayor Barb declared a recess from 7:47 p.m. to 8:00 p.m. The meeting resumed with all Council Members present. HEARINGS Mayor Barb opened the hearing on Lighting District Annexation 84/30, Birchcrest Road westerly of Birchbark Avenue. He inquired if the City Clerk had the Proof of Publication„ and the response was yes. Mayor Barb inquired if the City Clerk had received any written protests or objections, and the response was no. There being no one present to speak in protest, it was moved by Councilman Cormack, seconded by Councilwoman Boggs, and so ordered to close the hearing. Council Minutes 9/11/84 -1- ?a � RESOLUTION NO. 4460 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 84/30 - BIRCHCREST ROAD) The Resolution was read by title only. It was moved by Councilman Santangelo, seconded by Councilman Davila, and passed by unanimous vote to waive further reading and to adopt. Mayor Barb opened the hearing on Zone Change Case No. 213, 12270 Paramount Boulevard. He inquired if the City Clerk had the Proof of Publica- tion, and the response was yes. It was moved by Councilman Santangelo and so ordered to receive and file the Proof. Mr. Cutts reported on the request to change the zone from C-1 to C-2, for property containing a 34,000 square foot building which formerly housed a market. The request conforms to the General Plan Amendment adopted in 1982. Mr. Cutts explained the existing building cannot be re-established as a supermarket inasmuch as retail uses in the C-1 zone 'cannot exceed 3,000 square feet of floor area. There have been problems in the past with regard to Code enforcement, and the property owner has done his best to maintain the property. He narrated a slide presentation of the subject property. Mayor Barb inquired if the City Clerk had received any correspondence, and the response was no. Mayor Barb asked if anyone wished to speak in favor of the zone change. Mr. Jack Levine, owner of the property, indicated he wants what is best for the property. Responding to questions, he said current lease expires in 1986 but if he gets a good tenant, the current lessee will back off the lease. There being no one present to speak in opposition, it was moved by Councilman Santangelo, seconded by Councilman Davila, and so ordered to close the hearing. During discussion, Councilwoman Boggs expressed concern that a structure was allowed to be built but once it is vacated the City will no longer allow it to be used for what it was constructed. She also expressed concern re- garding the type of uses that would be permitted because of the close proximity to a school. Mr. Levine named companies with whom he is (currently negotiating for lease of the building. 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. 803, ZONE CHANGE CASE NO. 213)' The Ordinance was read by title only. It was moved by Councilan Santangelo, seconded by Councilman Cormack, and passed by the following vote to waive further reading and to introduce. AYES: 4 Council Members: Davila, Santangelo, Cormack, Barb NOES: 1 Council Member: Boggs RESOLUTION RESOLUTION NO. 4461 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE 1984-85 CITY CLERK PAY PLAN Council Minutes 9/11/84 -2'- ?S2� The Resolution was read by title only. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and passed by unanimous vote to waive further reading and.to adopt. Mayor Barb declared a recess from 8:20 p.m. to 8:30 p.m. The meeting resumed with all Council Members present. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Items VIII-F-1, S.S. Project No. 387 - Firestone Boulevard Medians Status Report; and VIII-F-2 Request for Waiver of Zone Variance Fee, were removed at the request of Councilwoman Boggs. Agenda Items VIII-F-3, Mini -Mart Moratorium; and VIII-F-4, Bicycle Licensing Policy, were removed at the request of Councilman Davila. 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: Minutes: Regular Meeting of August 14, 1984. Rejection of Legal Claims: Ref. #681, Daisy Martinez; and Ref. #682, Gary Ward, Jr. Cash Contract No. S.S. 3721392, Citywide Street Resurfacing: Plans, specifications, and grant authority to advertise for bids (Account Nos. 26-16372, 26-16392, andl26-16393). Report on Warrants Issued: #212310 - 212337; #319556 - 319866: $1,050,311.80. Reappointments of Mrs. Connie Sziebl and James Karsjens to the Health & Environmental Sanitation Committee, for Council District One. RESOLUTION NO. 4462 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. 20 TO THE CITY OF DOWNEY/STATE AGREEMENT NO. 07-5334 FOR THE CONSTRUCTION OF STREET IMPROVEMENTS PURSUANT TO THE FEDERAL -AID FOR URBAN SYSTEMS ACT S.S. Project No. 374 - Brookshire Avenue Resurfacing, Everest Street to Alameda Street: Plans and specifications and grant authority to advertise for bids. RESOLUTION NO. 4463 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. 21 TO THE CITY OF DOWNEY/STATE AGREEMENT NO. 07-5334 FOR THE CONSTRUCTION OF STREET IMPROVEMENTS PURSUANT TO THE FEDERAL -AID FOR URBAN SYSTEMS ACT S.S. Project No. 359, Brookshire Avenue Storm Drain - Imperial Highway to Eucalyptus Street: Plans, specifications, and grant authority to advertise for bids. RESOLUTION NO. 4464 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROPOSING TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT NO. 121 AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (ANNEXATION 84/31, LUXOR STREET BETWEEN OLD RIVER SCHOOL ROAD AND RYERSON AVENUE) Council Minutes 9/11/84 -3- 75,-gl RESOLUTION NO. 4465 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE ENGINEER'S REPORT FOR THE ADDITION TO LIGHTING MAINTENANCE DISTRICT A.D. 121 OF ANNEXATION 84/31 - LUXOR STREET BETWEEN OLD RIVER SCHOOL ROAD AND RYERSON AVENUE RESOLUTION NO. 4466 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT A.D. 121AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES (ANNEXATION 84/31 - LUXOR STREET BETWEEN OLD RIVER SCHOOL ROAD AND RYERSON AVENUE) (sets the hearing for September 25, 1984) RESOLUTION NO. 4467 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF JOSEPH G. FERRIS AS A MEMBER OF THE RECREATION AND COMMUNITY SERVICES COMMISSION FOR COUNCILMANIC DISTRICT THREE AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb S.S. Project No. 387 - Firestone Boulevard Medians Status Report Councilwoman Boggs indicated that before approving the medians, she would like to see what is proposed. Mr. Ovrom explained this report concerns status of the project and it will come back to the Council before approval. It was moved by Concilwoman Boggs, seconded by Councilman Cormack, and so ordered to receive and file the report. Request for Waiver of Zone Variance Fee Councilwoman Boggs expressed concern that a person purchases a piece of property with two driveways and then is hasseled by the City and she would like this issue looked into. It was moved by Councilwoman Boggs and seconded by Councilman Davila to delay any action on this matter pending a report from staff. Councilman Santangelo inquired if the time frame for applying for a zone variance can be waived pending the report back from staff, and the response was yes. Discussion followed. Mayor Barb asked staff to bring back a report. Councilman Santangelo also requested a staff report concerning garages that have been converted into living space. Moratorium on Drive -In Mini -Marts It was moved by Councilman Davila and seconded by Councilwoman Boggs to reject setting a hearing. AYES: 1 Council Member: Davila NOES: 4 Council Members: Santangelo, Boggs, Cormack, Barb Failed. It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by the following vote to set a hearing on extending the Moratorium for Drive-in Mini -Marts for 7:30 p.m., September '25, 1984, in the Council Chamber of the Downey City Hall. Council Minutes 9/11/84 -4- �5)_q AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila Councilman Davila expressed his views against mandatory Bicycle Licensing and made a motion to placethe licensing on a voluntary basis, which was seconded by Councilman Santangelo. Councilman Cormack feels licensing will help the Police do a better job. Councilwoman Boggs concurs with the licensing of bicycles but not necessarily those that are stored. She prefers a voluntary program. An amended motion was made by Councilman Santangelo and seconded by Councilman Davila to place the bicycle licensing program on a voluntary basis and charge no fee for the license. Chief Martin cited the State Law which indicates programs are optional, but if a City has or adopts a bicycle licensing ordinance then it shall be according to State guidelines. The City's current licensing program is operated under State rules. Councilman Santangelo inquired if some alternatives might be available. Mayor Barb concurs with the State requirements for a licensing program as a control for locating lost or stolen bicycles. Commenting further on the State program, Chief Martin said the renewal is every three years and the moneys collected must be used for bicycle related programs. If the City rescinds the bicycle licensing ordinance and establishes a voluntary program, then the program would not qualify for the State-wide computer system. Councilman Santangelo suggested repealing the ordinance and asking the P.T.A. to come up with a bicycle registration program. Discussion followed. Chief Martin responded to questions pertaining to effectiveness of the bicycle licensing program as a tool in assisting the Police Department in determining identity of accident victim. The amended motion and second were withdrawn. The original motion and second were withdrawn. It was moved by Councilman Davila, seconded by Councilman Santangelo, and passed by the following vote to direct the City Attorney to prepare an ordinance rescinding the Bicycle Licensing Ordinance and authorize staff to come back with a report on implementation of voluntary bicycle registration. AYES: 3 Council Members: Davila, Santangelo, Boggs NOES: 2 Council Members: ORAL COMMUNICATIONS - Items not on Agenda Mr. Lennie Whittington, 8542 Manatee, referred to the two Oral Communications listed on each Council Agenda, the first of which is for items not on the Agenda. He mentioned that as Agenda items are discussed members of the audience are allowed to air their opinions, and yet it is out of order to do so during Oral Communications. He requested clarification of the second Oral, which he understands is for discussing any item whether or not it is on the Agenda. Mayor Barb explained there are no set rules and sometimes the Council agrees to take testimony on a particular agenda item, while at other times it does not. The early Oral is intended for people who wish to make their comments and leave the meeting if they so choose. The second Oral is for people who may have some additional information to bring forward at the end of the meeting. Council Minutes 9/11/84 -5- �(5'oC) Mr. Whittington asked about a time limit set for the second Oral, and Mayor Barb replied a time limit can be set as the 'Mayor sees fit to move the meeting along in an orderly fashion. Mrs. Cheryl Van Rensselaer, M9 Via Amorita, discussed the road work and tree removal being done on her street at the present time. She mentioned the trees were a main attraction for many of the homes that were built on the street, and last week the tree in front of her home was removed without her receiving notification. She said she has been informed work will be done to facilitate repair of the sidewalks, curbs and streets and that replacement of the trees would complete this project. However, Mrs'. Rensselaer indicated she was also informed that the street repairs "might" be proposed for the 1985-86 budget and would take approximately a year to complete. She called the Council's attention to the importance of completing this project. Mr. Ralph commented regarding the problems created by the trees over the years due to broken branches, and it was his understanding all property owners had been contacted prior to removal. He will provide a detailed report to the Council. Also, it is not the City's intent to wait until after street work is completed to plant new trees. During discussion, Mr. Ralph further explained there will be temporary repairs made to correct any hazardous conditions that may exist concerning the sidewalks. Referred to staff. Councilman Davila requested a ruling in writing from the City Attorney as to whether telephone polling of the Council regarding City business is a violation of the Brown Act and whether any written document requesting a concensus of the majority of the Council is a violation of the Brown Act. ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING THE ARTICLE VIII OF THE DOWNEY MUNICIPALCODE RELATING TO UNIFORM BUILDING CODE AMENDMENTS The Ordinance was read by title only. It was moved by Councilman Cormack and seconded by Councilman Santangelo to waive further reading and to adopt. Councilman Santangelo said he spoke with the Building Official, who indicated the time limit for which the work is to be completed after taking out a permit would be 120 days instead of the 180 days as stated in the Ordinance. He requested the Ordinance be changed to 120 days. Councilman Santangelo said 180 days is too long for cessation of work on a project, and he specifically referred to property on Orizaba that has been incomplete for a number of years. It was moved by Councilman Santangelo and Seconded by Councilman Cormack to amend the Ordinance to read 90 days, whereby if it is determined by the City's Building Division that work on a project has ceased for 90 days then a new permit must be obtained (see later motion). Councilwoman Boggs said 90 days could be creating a hardship for people who are doing their own home improvements. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by unanimous vote to amend the Ordinance to read 120 days. The Ordinance was re -read by title only. It was moved by Councilman Davila, seconded by Councilman Cormack, and passed by unanimous vote to waive further reading and to introduce. RESOLUTIONS It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and so ordered to grant an extension to September '25, 1984, as requested by the applicant on the Resolution and Ordinance concerning General Plan Amendment No. 84-2 and Zone Change Case No. 212, 8247 Gardendale Street. Council Minutes 9/11/84 -6- ?5� ( RESOLUTION NO. 4468 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING THREE (3) WATER SERVICE ZONES FOR SEPARATE WATER RATES AND RESCINDING RESOLUTION NO. 4279 The Resolution was read by title only. It was moved by Councilman Davila to table the Ordinance to the first meeting in November pending the outcome of Jarvis IV. Seconded by Councilwoman Boggs. Councilman Santangelo expressed concern that one zone is paying more than the other, and he favors equalizing the rates now rather gradually over a period of time. AYES: 2 Council Members: Davila, Santangelo NOES: 3 Council Member: Boggs, Cormack, Barb Failed. The Resolution was re -read by title only. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila Councilman Davila indicated his "no" vote was to adoption and not to the waiver of further reading. RESOLUTION NO. 4469 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUBORDINATING ITS INTERESTS IN OPERATIVE AGREEMENT NOS. ONE (1) THROUGH EIGHT (8) WITH THE DOWNEY COMMUNITY DEVELOPMENT COMMISSION, A $1,200 PROMISSORY NOTE DATED MARCH 12, 1984, AND A $120,000 AGREEMENT FOR ACQUISITION OF REAL PROPERTY DATED JUNE 11, 1984 The Resolution was read by title only. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to waive further reading and to adopt. Councilwoman Boggs asked if her understanding is correct that the sellers would be paid before the City is reimbursed for what it loaned the Redevelopment Agency, and the response was yes. She then withdrew her second to the motion. Discussion followed, wherein Mr. Cutts and Mr. Powell explained the method of financing through which the tax increment is subordinated. Mr. Powell noted it is a technical matter, and once the tax increment is freed, the subordination would no lounger be effective. The chair accepted the motion to waive and adopt, which was passed by the following vote. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila ADMINISTRATIVE REPORTS Formation of Design Review Board Councilman Santangelo disagrees with the established criteria for appointing board members because there are people in the community who have the ability and background to serve. Councilman Davila concurred and said people should be appointed who would take an interest. He noted the absentee record of the Board Members. Council Minutes 9/11/84 -7- Councilman Cormack does not feel the Councilshould disregard an area where professionalism is needed. Councilwoman Boggs has a proposed appointee who does not qualify under the current criteria, and she would like to see the criteria changed to where certain requirements are desirable but not mandatory. Mayor Barb said there should be expertise when it comes to development, and there is already a Commission dealing with development that is made up of laymen. He would be in favor of having either a board of experts or not having the board. Also, he would like the departments to report to the Council if there are continual vacancies on any board. Mr. Cutts mentioned the Design Review Board also acts as the Building Appeals Board. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by the following vote that the make-up of the Design Review Board be as presented by staff except replace the word "mandatory" with "desirable" as far as the classifications recommended by staff. AYES: 4 Council Members: Davila, Santangelo, Boggs, Cormack NOES: 1 Council Member: Barb Cash Contract No. 485, Civic Center - Change Order No. 21 Mr. Ralph explained this is an item on which' staff attempted to get a reasonable explanation from the architect but was never able to do so. Therefore, it is felt the City has no choice but to pay the contractor and go after the architect for the extra work. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to recommend to the Downey Civic Center Corporation that Change Order No. 21 be approved. Mr. Ralph mentioned that within a short period of time it is anticipated there will be an in-depth presentation from a third party on this matter. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila Mr. Ovrom indicated that on the closed session agenda for October 9th he will include discussion by Mr. Ralph concerning status of the situation with the architect. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to approve purchase of additional 5,000 tokens for a total of $2,500 for the Bus Subsidy Program and accept staff's recommendation to appropriate $2,500 from unappropriated Proposition A funds. AYES: 4 Council Members: Davila, Santangelo, Boggs, Barb NOES: 1 Council Member: Cormack ORAL COMMUNICATIONS: Staff Members Mr. Cutts narratted a slide presentation concerning Location for the old City Hall Arch. Proposed locations have been selected near the Veterans Memorial between the hotel and Theatre; center median on Third Street; the southeast corner of Dolan and Third Street; the grassy knoll along Civic Center Drive; and at the entrance to the Civic Center from the parking lot. He mentioned it will require hiring a crane to move the arch, and the Second Century Foundation has agreed to be the contact source for raising funds to restore the arch once it has been permanently placed. Councilwoman Boggs, Councilman Cormack, Councilman Santangelo, and Mayor Barb each favored the grassy knoll as their first choice. Councilman Davila's choice was the veterans memorial. Joyce Lawrence, 9627 Cheddar, President of the 'Downey Historical Society, said their recommendation was for Alternative 1, the Civic Theatre, because it involves only one lifting of the arch. Also it was felt it would tie-in with Council Minutes 9/11/84 -8- the Spanish architecture. The Historical Society will go along with whatever the majority decision of the Council might be, noting their second choice is the grassy knoll. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by the following vote to locate the arch, per Alternative No. 2, at the grassy knoll. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila ORAL COMMUNICATIONS: City Council Councilman Santangelo requested a copy of the proposed changes to the Sign Ordinance. Councilman Santangelo ,inquired regarding status of his request for serving Wine and Beer at the Downey Theatre. He was informed staff is still working on this. Councilman Santangelo commented he was in receipt of a call requesting more senior citizen housing', in the City, and he asked if anything is being done in this area. He was informed there should be a proposal coming to the Council within the next few meetings. Councilman Santangelo 'inquired regarding the street sweeping policy, noting a particular incident where a street sweeper did not clean the leaves in the gutter. He said he 'subsequently spoke to the driver of the sweeper, who informed him he did not do so because the City requires him to move away from low hanging trees. Councilman Santangelo suggested the trees be trimmed to accommodate the street sweepers. Mr. Ralph concurred that this is the policy and said breaking a limb off damages a tree. He did mention there is a City -built apparatus which is installed on the front of sweepers to provide additional protection to the windshield in the event of striking a tree limb. Councilman Davila called for more security at City Hall, noting the maintenance people have been leaving the doors open. He asked if the mainte- nance people can be instructed on how to turn on the air conditioning and to keep the doors closed. Mr. Ralph said they have been instructed to keep the doors closed, and staff will come to City Hall during off hours to check this out. He did not favor allowing the maintenance people to turn on the air conditioning. Councilman Davila commented regarding a citizen request to dedicate a portion of their property for development of Orange Street. He has also received a petition in favor of this. Mr. Cutts said staff is looking into this matter in terms of being able to use HUD funds. Councilman Davila inquired regarding the possibility of requiring businesses to clean their premises. He specifically noted Winston Tire on Rives and Firestone. Referred to staff. Councilman Davila complained regarding the City Hall telephone system, noting it took him five minutes to get through to the switchboard. Mr. Powell feels there is a technical problem, although this has been looked into by the telephonemaintenance and installers. Councilman Davila would like the City Hall to change its telephone system. It was moved by Councilman Davila, seconded by Councilman Santangelo, and passed by the following vote to reconsider Item VI-C on the Community Access Agenda and to not appoint Gene Botault. AYES: 3 Council Members: Davila, Santangelo, Boggs NOES: 2 Council Members: Cormack, Barb Council Minutes 9/11/84 -9- Councilman Cormack requested staff to look into the seismic testing along the River to see whether there will be heavy sonic vibration which will upset the residents. If so, someone should be responsible for any damage. Mr. Ralph said he has seen a demonstration of testing along the City's railroad right-of-way, and to his knowledge there were no difficulties or com- plaints. If there are any problems, they will be asked to cease the testing. Councilman Cormack cited the need for PoliceDepartment identification signs at the new Civic Center. Councilwoman Boggs requested quicker distribution of Council Minutes. Councilwoman Boggs complimented the improved lighting in the Council Chamber. Mayor Barb inquired regarding the status of the Motel Ordinance which calls for regulations concerning rental and maintenance of rooms on a daily basis. Mayor Barb favors increasing the tax credit to local businesses. He recommended a three percent advantage and asked that this be brought back the first meeting in October. Mayor Barb requested staff to come back with specifics regarding sending letters to every licensed gardener operating in the 'City informing them of the Ordinance controlling the use of blowers and also encouraging them to turn in any unlicensed gardeners. ORAL COMMUNICATIONS: Audience Joyce Lawrence, 9627 Cheddar Street, suggested enacting regulations governing attendance at board and commission meetings. _ Mr. Ovrom will review this. Mr. Lennie Whittington, 8542 Manatee, advised the Council that enforce- ment of time, place and manner of restrictions governing Oral Communications is a violation of a person's civil rights as guaranteed under the United States Constitution. ADJOURNMENT: 11:22 p.m. The meeting was adjourned to 6:30 p.m., September 25, 1984, in the Mayor's Office of the Downey City Hall, for closed' session regarding pending and potential litigation and personnel. Robert L. Shand, City Clerk -Treasurer Randall R. Barb, Mayor Council Minutes 9/11/84 -10-