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HomeMy WebLinkAboutMinutes-09-25-84-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 25, 1984 TABLE OF MINUTE AC'T10NS SUBJECT ACTION PAGE NO. Proclamation re Sweet Adelines Week 1 Mayor Pro Tem Davila commented on action taken in closed session re Rogers Cablesystem 1 Ord. #767, ext. Moratorium on Drive-in Mini -Marts (Urgency) - for 90 days Adopted 2 Res. #4470, Ord. Annex to Ltg. Maint. Dist. A.D. 121 (Annex. 84/31 - Luxor St.) Adopted 3 Removal of Items from Consent Calendar 3 Rejection of Legal Claim: Ref. #689, Amesque. Approved 3 General Warrants: #212338 - 212350 #000001 - 000324 Approved 3 Appeal, Zone Change #214, 11720 Adenmoor St. Hearing set for 10/9/84 3 Res. #4471, Apptg. Betty L. Kilpatrick to Personnel Adv. Bd., Dist. 1 Adopted 3 Vote on Council Minutes of August 28, 1984, & — September 7, 1984, as separate items Approved 3 Minutes, Regular Meeting of August 28, 1984 Approved as amended 3 Minutes, Special Called Meeting of September 7, 1984 Approved as amended 4 Via Amorita Tree Removal/Tree Repair Referred back to staff 4 Mr. Perry re removal of trailer from property To be placed on next Agenda; Cn. Santangelo to report 4 Mrs. Linda Davis re removal of foot bridge over Cn. Cormack to contact Rio Hondo Channel Mrs. Davis re 10/18/84 field trip 5 Direct staff to enforce City's Sign Ord. re Political Signs Approved 5 Eleanor Lindenfeld re League of Women Voters hosting panel discussion 5 Guadalajara Sister City visit: Auth. Purchase -- of an appropriate gift in the amount of $300 for Mayor & Vice Mayor of Guadalajara Approved 5 Antha Mouck req. reconsideration of rescinding Bicycle Licensing Ord. 5 Cn. Boggs introduced Dist. 1 appointees to the Recreation Comm. & Personnel Bd. 6 Ord. #768, Zone Change #213 (12270 Paramount B1.) Adopted 6 Ord. #769, re Uniform Bldg. Code Amendments Adopted 6 Business License Ordinance To be brought back within 60 days 6 Page 1 of 3 COUNCIL MINUTES, SEPTEMBER 25, 1984 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. establishing 2-Hr. Parking Restr. from 7am-6pm E/s Paramount from 7th St. Nly. 100 ft. Failed 6 Res. rescinding No Parking Anytime Restriction & Reinstating 3pm-7pm No Stopping Restriction for Failed; staff to look 50-ft. Mid -Block Curb Section on S/s Florence into moving bus stop at bet. Woodruff & Eglise Florence/Woodruff 7 CC #521, Misc. Repairs: Award contract to Damon Const. Co.; auth. staff to add addl. quantities; & approve addl. appropriation Approved 8 CC #SS-393, Gutter Const. on Birchleaf Av. - Brookpark to Cedartree; Cedartree Rd. - Stamps to Stoakes; & Eighth St. - Rives to Smallwood: Waive minor informality in Bid Proposal & award contract to Stevens & Stevens Approved 8 Residential Refuse Collection Rates Approved 8 1984-85 Fiscal Year Social Service Funding Tabled for 30 days 9 Street Imprvmts. - 8000-8200 Block of Orange St. Approved as amended 9 Report on Double Driveways - Single Family Residential Zones Received & filed 9 Appropriation Adjustments Approved 10 General Plan Amendment #84-2 & Zone Change #212, 8247 Gardendale St.: Request for 60-day ext. Approved 10 Support surrounding communities in opposition to locating prison in adjacent communities Approved 10 Auth. City Manager to bring back report re possibility of in-house attorney Approved 10 Cn. Santangelo re request to place advertising on Rio Hondo Golf Course score card 10 Cn. Boggs re Political Signs 10 Serving of Alcoholic Beverages at Downey Theatre: Ref. to Planning Comm. Designate Civic Center incl. Theatre as CC zone for hearings 11 Cn. Boggs re height of residential structure at 12350 Orizaba Av. Referred to staff 11 State Bicycle Licensing Computer Program: Pursue change in State Law to do away with mandatory licensing Approved 11 Cn. Boggs re status of Design ,Review Bd. 11 City Attorney cites Code Requirements re Height Limit in Residential Zone 11 Water Site on Texas St.: Mayor Pro Tem Davila requests clean-up by City staff 11 Mayor Pro Tem Davila re emergency landing by Ultralight 11 Lennie Whittington re status of City not follow- Staff will have report ing Ords. re imprvmts, on Old River School Rd. on next Agenda 11 Page 2 of 3 COUNCIL MINUTES, SEPTEMBER 25, 1984 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Lennie Whittington re broken windows on Brookshire Medical Bldg. & retirement center - Requests City offer assistance in patrolling area 12 Meeting adjourned to 7:00 p.m., October 2, 1984, for hearing on Sign Ordinance 12 Page 3 of 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 25, 1984 The City Council of the City of Downey held a regular meeting at 7:30 p.m., September 25, 1984, in the Council Chamber of the Downey City Hall, Mayor Pro Tem Davila presiding. PRESENT: Council Members: Bob Davila Mayor Pro Tem Diane P. Boggs James S. Santangelo Robert G.ICormack ABSENT: Randall R. Barb Mayor (excused) ALSO PRESENT: Bud Ovrom, City Manager Carl K. Newton, City Attorney William A. Ralph, Director of Public Works James R. Cutts, Director of Community Development Lee Powell, Director of Administrative Services William F. Martin, Police Chief Don Davis, Fire Chief James R. Jarrett, Acting Director of Community Services Francis E. Carter, City Planner Harald J.',Henriksen, City Engineer Alta Duke, Social Services Division Manager Robert L.',Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Councilman Cormack. The Flag Salute was led by Councilman Santangelo., PRESENTATIONS: Mayor Pro Tem Davila to Alice DeLaura a Proclamation declaring Sweet Adeline Week. A quartet of Sweet Adelines then sang a song for the City Council. Mayor Pro Tem Davila explained that during a closed session conducted earlier this evening an action was taken concerning Community Access, and a letter is to be drafted for publication regarding a request of Rogers Cablesystems for negotiation on the Franchise Agreement. He also announced that on other matters discussed in closed session there were no actions taken. For the benefit of the audience, Mayor Pro Tem Davila introduced the City Council and the staff members. HEARINGS Mayor Pro Tem Davila opened the hearing on Extension of a Moratorium on Drive -In Mini -Marts. He inquired if the City Clerk had the Proof of Publica- tion, and the response was yes. It was so ordered to receive and file the Proof. Mr. Cutts explained a 45-day moratorium was established by the Council for the purpose of developing regulations. The regulations will go before the Planning Commission at its October 3rd meeting, and it is requested the Council adopt an Ordinance extending the moratorium for ten months, 15 days. There being no one present to speak in favor or in opposition, it was moved by Councilman Cormack, seconded by Councilwoman Boggs, and so ordered to close the hearing. Mr. Shand indicated there was no correspondence received. Council Minutes 9/25/84 _1_ qs,� ORDINANCE NO. 767 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY EXTENDING A MORATORIUM ON THE ISSUANCCE OF ANY BUILDING PERMIT FOR, OR THE ESTABLISHMENT OF, ANY USE WITHIN THE MEANING OF THE TERM "DRIVE-IN MINI -MART" PENDING ESTABLISH- MENT OF ZONING REGULATIONS FOR SUCH USE BY THE CITY; SAID ORDINANCE BEING AN URGENCY ORDINANCE PURSUANT TO SECTION 65858 OF THE GOVERNMENT CODE The Ordinance was read in its entirety. It was moved by Councilman Santangelo and seconded by Councilman Cormack to adopt. Mr. Newton advised the Ordinance requires four affirmative votes. AYES: 3 Council Members: Santangelo, Boggs, Cormack NOES: 1 Council Members: Davila ABSENT: 1 Council Member: Barb Failed. When asked if the Ordinance can be placed on the next Agenda, Mr. Newton explained an extension cannot be voted on after the original Ordinance has expired. However, it is possible for a moratorium to be established through the normal Zoning Ordinance procedure, which requires hearings before the Planning Commission and City Council and an Ordinance to be considered by the Council effective 30 days after adoption. It was noted the original Ordinance expires September 28th. It was moved by Councilman Santangelo and seconded by Councilman Cormack to reconsider the vote taken. Mayor Pro Tem Davila indicated he would be willing to change his decision if the moratorium is for a lesser period of time than the ten months. AYES: 3 Council Members: Santangelo, Boggs, Cormack NOES: 1 Council Member: Davila ABSENT: 1 Council Member: Barb It was moved by Councilman Santangelo and seconded by Councilwoman Boggs to adopt the Ordinance. An amended motion was made by Mayor Pro Tem Davila and seconded by Councilwoman Boggs to extend the Ordinance for 90 days. Mr. Cutts anticipated the Ordinance could come back to the Council for final action in four to five months. Mr. Newton suggested the Council might want to consider a six-month moratorium as an alternative. The motion and second to the amendment were withdrawn. It was moved by Mayor Pro Tem Davila, seconded by Councilwoman Boggs, and passed by the following vote to amend the urgency Ordinance to provide for an extension of six months. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila ABSENT: 1 Council Member: Barb The Ordinance as amended was passed by the following vote: AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila ABSENT: 1 Council Member: Barb Mayor Pro Tem Davila opened the hearing on Lighting District Annexation 84/31, Luxor Street between Old River School Roadand Ryerson Avenue. He inquired if the City Clerk had the Affidavit of Posting of Notice and Proof of Publication, and the response was yes. Council Minutes 9/25/84 -2- JA It was moved by Councilman Cormack, seconded by Councilman Santangelo, and so ordered to receive and file the Affidavit and Proof. Mayor Pro Tem Davila 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 or in favor, it was moved by Councilman Cormack, seconded by Councilman Santangelo, and so ordered to close the hearing. RESOLUTION NO. 4470 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 FUR- NISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THOSE AREAS (ANNEXATION 84/31 - LUXOR STREET) 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, Cormack, Boggs, Davila ABSENT: 1 Council Member: Barb REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-F-2, Report on Via Amorita Tree Removal/Street Repair, was removed at the request of Mrs. Cheryl Van Rensselaer. Agenda Item VIII-A, Minutes, was removed at the request of Councilwoman Boggs. 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. #689, Betty Amesque. Report on Warrants Issued: #212338 - 212350; #000001 - 000324: $1,104,522.75. Appeal, Zone Change Case #214, 11720 Adenmoor Street: Hearing set for 7:30 p.m., October 9, 1984, in the Council Chamber of Downey City Hall. RESOLUTION NO. 4471 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF BETTY L. KILPATRICK AS A MEMBER OF THE PERSONNEL ADVISORY BOARD FOR COUNCILMANIC DISTRICT ONE AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila ABSENT: 1 Council Member: Barb It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and so ordered to separate the Minutes of Regular Meeting of August 28, 1984, and Special Called Meeting of September 7, 1984, as two separate items. It was moved by Councilman Santangelo and seconded by Councilman Cormack to approve the Minutes of August 28, 1984. Councilwoman Boggs requested an addition to the Minutes on Page 8, para- graph four, wherein Mr. Ovrom explained the legal roll of the PAC Committee. She said there were some comments made that the Council might want to use the Committee for advice and was 'told it could do so. She requested this be added to the Minutes. Council Minutes 9/25/84 -3- 2s3q It was moved Councilwoman Boggs, seconded by Councilman Cormack and passed by the following vote to approve the Minutes of the Regular Meeting of August 28, 1984, as amended. AYES: 3 Council Members: Boggs, Cormack, Davila ABSENT: 1 Council Member: Barb ABSTAIN: 1 Council Member: Santangelo It was moved by Councilman Santangelo and seconded by Councilman Cormack to approve the Minutes of the Special Called Meeting of September 7, 1984. Councilwoman Boggs requested the Minutes be amended as follows: On the first page, fourth paragraph under "Future Development, Rancho Los Amigos Property," add: "Councilwoman Boggs asked Supervisor Schabarum to study the Possibility of Columbus being a location for the Courthouse and was told the County would take a look at it." It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and so ordered to have this statement reflected in the Minutes. It was then moved by Councilwoman Boggs,seconded by Councilman Santangelo, and passed by the following vote to approve the Minutes of the Special Called Meeting of September 7, 1984, as amended. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila ABSENT: 1 Council Member: Barb Mrs. Cheryl Van Rensselaer, 7309 Via Amorita, referred to the Agenda memo regarding Via Amorita Tree Removal/Street Repair,' and clarified statements made in the memo. She mentioned she contacted 30 of the 37 households on the 7200 and 7300 blocks of Via Amorita, and the property owners signed statements urging completion of the street resurfacing and repair of sidewalks and curbs. She submitted photographs for Council perusal. Mr. Ovrom said it is anticipated this matter will be placed in next year's Capital Improvement Budget because this 'year's has already been determined. During discussion, Mr. Ralph explained the City makes temporary repairs to faulty concrete, but has not made permanent concrete repairs for approxi- mately three years. All sidewalk repairs are made with asphaltic concrete blacktop. The concrete crew was cut from the Budget approximately three years ago. Mayor Pro Tem Davila would like to send this back to staff for positive answers to some of the questions. Councilwoman Boggs asked if this condition is widespread throughout the City or if it is the case of a street which has been missed. Mr. Ralph replied this type of problem is not uncommon and exists in several areas. The City repairs 30-to-40 every year, selecting the worst, and there is no question this street needs to be fixed as do many others. Councilman Santangelo inquired if money can be taken from the reserve account to make the repairs. Mr. Ovrom replied there are similar conditions in every Councilmanic District. Councilwoman Boggs would like the report to take into consideration the entire City because she does not feel this situation is unique. Mrs. Van Rensselaer reminded the Council that this problem concerns streets, drainage, curbs and sidewalks, and the trees have been removed. Referred back to staff. ORAL. COMMUNICATIONS - Items not on Agenda Mr. Perry, 10912 Ryerson Avenue, explained he was contacted by the City's Code Enforcement Officer to remove a trailer from his property. He said there Council Minutes 9/25/84 -4- J��0 is no health or safety problem and no one can see his trailer due to a wall and shrubbery. He complained about an Ordinance prohibiting parking that blocks the garage. Mr. Perryrequested the Council visit his property to see the situation. It was moved by Councilman Santangelo to place Mr. Perry on the next Agenda. He will meet with Mr. Perry, take a look at the problem, and report back at the next meeting. Mrs. Linda Davis, 7309 Via Rio Nido, described an attempted burlary that took place in her home and requested the Council take action to remove the foot bridge over the Rio Hondo Channel. Councilman Cormack said on October 18th, at 9:30 a.m., Supervisor Schabarum has promised to view the situation with representatives of the City. He will be in further contact with Mrs. Davis. Mr. Joel Lubin, 7820 Allengrove, requested the Council to take action and prosecute violations of the Downey Municipal Code with regard to Political Signs. Councilwoman Boggs requested staff be directed to enforce the City's Sign Ordinance. She suggested the signs be taken down and responsible people billed for the costs, or whatever it takes to remove those in violation. There being no objections, it was so ordered. Eleanor Lindenfeld, 8846 Manzanar, informed the Council and audience that the League of Women Voters is hosting a panel discussion on Proposition 36 - Jarvis, at 7:30 p.m., September 26, 1984, at the Apollo Neighborhood Center. Councilman Santangelo hopes the City will not use scare tactics to in- fluence people to vote pro or con on the Jarvis measure, and if it passes in November that the City will do its best to cut unnecessary expenditures. Alda Sichting, 10434 Casanes, President of the Downey Sister City Association, commented regarding a U.S. Sister Cities Convention held in Guadalajara in August, of which she represented Downey on the anniversary of its 25th year. She read a telegram received at the Inaugural Ceremonies in Guadalajara, which was sent to the American Counsel from President Reagan. Mrs. Sichting mentioned Downey's official visitation to Guadalajara will be October 11-15th for which invitations have been sent to the City Council, and she invited anyone from the City who would like to attend. She thanked the City for continuing this important program. Mayor Pro Tem Davila indicated that all the Council Members will be going to Guadalajara and said, for the record, that they will be paying their own expenses. Mrs. Sichting requested the City set a small amount aside for this upcoming event. It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by the following vote to approve $300 to be used for the purpose of an appropriate gift for the Mayor and Vice Mayor of Guadalajara. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila ABSENT: 1 Council Member: Barb Antha Mouck, 10815 Beak Avenue, South Gate, president of the Downey Council PTA and representing 13 PTA schools in the Downey Unified School Dis- trict, requested the Council 'reconsider its action to rescind the Bicycle Licensing Ordinance. She mentioned the Downey Unified School District does not follow the exact boundaries of the City and there are many children in portions of other cities who attend Downey schools. She questioned whether the children would have to register their bicycles in more than one city in order to be fully protected. She mentioned it is felt that if one bicycle is returned to its rightful owner or if one injured child can be identified quickly through a bicycle identification number, then being included in the computer system would be worthwhile. Councilman Santangelo would like the PTA to work with the Police Chief Council Minutes 9/25/84 -5- and come up with a workable plan, and if it proves that the Council is wrong, then he would be willing to change his mind. He does not feel the City's present program is workable. Ms. Mauk expressed concern for the students who do not live in Downey but attend schools here. She requested a copy of the information presented to the Council. Councilwoman Boggs would prefer to stay with the State computer but make bicycle licensing optional. Councilman Cormack encouraged people to communicate with the City Council on this issue because it is the Council's belief that people do not want the registration program. Councilman Boggs introduced two of her appointees: Roger Lawrence of the Recreation Commission and Betty L. Kilpatrick of the Personnel Advisory Board. ORDINANCES ORDINANCE NO. 768 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) (12270 Paramount Boulevard) 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: 3 Council Members: Santangelo, Cormack, Davila NOES: 1 Council Member: Boggs ABSENT: 1 Council Member: Barb ORDINANCE NO. 769 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING ARTICLE VIII OF THE DOWNEY MUNICIPAL CODE RELATING TO UNIFORM BUILDING CODE AMENDMENTS The Ordinance was read by title only. Itwas 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, Boggs, Cormack, Davila ABSENT: 1 Council Member: Barb It was moved by Councilwoman Boggs and seconded by Councilman Santangelo to table the Ordinance pertaining to Business Licenses. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and passed by the following vote to bring the Ordinance 'back within 60 days. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila ABSENT: 1 Council Member: Barb RESOLUTIONS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A TWO HOUR PARKING RESTRICTION FROM 7:00 A.M. TO 6:00 P.M. ALONG THE EAST SIDE OF PARAMOUNT BOULEVARD FROM SEVENTH STREET NORTHERLY 100 FEET The Resolution was read by title only. It was moved by Councilwoman Boggs and seconded by Councilman Santangelo to waive further reading and to adopt. Mr. Ralph explained this was requested by the property owner because of long-term parking to the north, which caused site problems for people exiting Council Minutes 9/25/84 -6'- the driveway. He said from,a traffic engineering standpoint, it would be better to have ingress only on Paramount Boulevard and egress from the side, which would take care of the sight problem, but the property owner did not feel this would take care of the problem and was desirous of having restricted parking at that location. Councilwoman Boggs said when a report references a vote taken by a particular committee, it should indicate how the members voted. AYES: 0 Council Members: None NOES: 4 Council Members: Santangelo, Boggs, Cormack, Davila ABSENT: 1 Council Member: Barb Failed. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING THE NO PARKING ANYTIME RESTRICTION AND REINSTATING A 3:00 P.M. TO 7:00 P.M. NO STOPPING RESTRICTION FOR A 50-FOOT MID -BLOCK CURB SECTION ON THE SOUTH SIDE OF FLORENCE AVENUE BETWEEN WOODRUFF AVENUE AND EGLISE AVENUE The Resolution was read by title only. It was moved by Councilman Santangelo and seconded by Councilwoman Boggs to waive further reading and to adopt. Mr. Ralph explained this has been reviewed on a number of occasions with the property owner at the corner of Woodruff and Florence, and although the owner has difficulty finding ',a parking location for all his vehicles, staff does not feel it can recommend parking on a 50-foot portion of the street. The no parking anytime begins' at Woodruff, goes all the way to the east City limits, and the exception would be this one 50-foot location, which is felt would be hazardous. Councilwoman Boggs said there is parking across the street on Woodruff, which would be available in the evening. She recommended approving staff's recomendation. Mr, and Mrs. Verhalen, the property owners at 9302 Florence Avenue, commented regarding the parking problem along Woodruff Avenue, noting the school side of the street is used by people who take the bus into downtown Los Angeles from 5:00 in the morning until 7:30 in the evening. He mentioned he has a large family, with a lot of adults living in his home. Mr. Verhalen said they are proposing to leave a car parked for a long period of time on Florence but would like to have a place where someone can stop and pick up his child for school in the morning. When asked if someone use his driveway for picking up the child, he replied there is very heavy traffic on Woodruff in the morning and traffic backs 'up a long way. He also indicated he has been informed by City staff that there are plans for modifying the intersection of Florence and Woodruff to widen the street and restrict parking on the school side of Woodruff. Councilman Santangelo suggested Mr. Verhalen approach the Traffic Committee with this type of suggestion. He cannot agree with the 50-foot parking on Florence. Mr. Verhalen requested a 15-minute parking zone. Councilman Cormack suggested petitioning to have the bus stop moved to a location where it is necessary, which would then remove parking congestion on this street. Further discussion ensued. AYES: 0 Council Members: NOES: 4 Council Members: ABSENT: 1 Council Member: Failed. None Santangelo, Boggs, Cormack, Davila Barb Council Minutes 9/25/84 -7- �5�3 It was moved by Councilman Cormack and so ordered to direct staff to immediately look into moving the bus stop. Councilman Santangelo said if the bus stop cannot be moved quickly he would suggest that consideration be given to restricting parking on the west side of Woodruff Avenue for a period of time. Referred to staff. ADMINISTRATIVE REPORTS It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by the following vote to award a unit price contract totaling $56,727.27 to Damon Construction Company for 'Cash Contract No. 521, Miscellaneous Repairs; authorize staff to add additional quantities in the amount of $7,000; and approve an additional appropriation of $5,000 from the Gas Tax Fund Balance to Account No. 26-16375. AYES: 4 Council Members: Santangelo, Boggs', Cormack, Davila ABSENT: 1 Council Member: Barb It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to waive the minor informality in the Bid Proposal and award a unit price contract totaling $28,958.70 to Stevens & Stevens for gutter construction under Cash Contract No. S.S. 393, Gutter Construction on Birchleaf Avenue - Brookpark Road to'Cedartree Road; Cedartree Road - Stamps Avenue to Stoakes Avenue; and EighthStreet - Rives Avenue to Smallwood Avenue (Account No. 26-16393). AYES: 4 Council Members: Santangelo, Boggs', Cormack, Davila ABSENT: 1 Council Member: Barb It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to approve adjusting the proposed formula effective October 1, 1984, and set Residential Refuse Collection Rates as follows: Single Family $5.21; Multiple Units - $4.47. Myrtle Risley, 7938 Phlox Street, cited an incident involving a bottle that fell off a rubbish truck, broke, and scattered pills all over the street. Mr. Bill Leitner, 9239 Guatemala, inquired regarding the rationale and justification for the increase requested. He also commented regarding the excess rubbish that falls off the trucks and cited an incident, wherein one of the rubbish company employees exhibited an obscene gesture. Councilman Santangelo responded and explained 'a formula was established when the City entered into a five-year contract with the rubbish company for increasing the fees each year. He mentioned he has also reported incidents that have occurred and felt satisfied with the response he received. There are two years left on the contract, and the formula is not out of line. Also, he understands there are substantial losses in the DART program. Mayor Pro Tem Davila requested staff to make sure the rubbish company is aware of Mr. Leitner's complaint regarding the gesture made by the employee. Councilman Santangelo also requested the Council receive all of the financial data concerning the DART program. Councilman Cormack indicated it is felt that with some further publica- tion, the DART program could increase the participation which would help it break even. Mr. Ralph mentioned the Sanitation Committee has requested information regarding the DART program, and he will come back with a report from staff and the Committee. Councilwoman Boggs commented on the need to make the DART program work due to the lack of dumping facilities. Mayor Pro Tem Davila requested staff to work with the contractor and assist him in collecting from tenants. Council Minutes 9/25/84 -8'- Councilman Santangelo said any cost for assistance given by the City should be passed onto the person who is not paying their bill. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila ABSENT: 1 Council Member: Barb It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to table for 30 days the 1984-85 Fiscal Year Social Service Funding. Councilman Santangelo requested that he be advised of the next meeting of the Community Services Commission when this can be scheduled on its Agenda. He has questions concerning the Women and Children's Crisis Shelter. AYES: 4 Council Members. Santangelo, Boggs, Cormack, Davila ABSENT: 1 Council Member: Barb Mr. Jarrett indicated the next meeting of the Commission is Tuesday, October 2nd, 7:30 p.m., in the Green Room. Street Improvements - 8000-8200 Block of Orange Street Mayor Pro Tem Davila requested the application for Community Development Block Grant Funding be looked at for including Orange Street, and he commented on the need for the improvements. He asked that this project be resubmitted and a study be made for inclusion in 1984-85. Councilwoman Boggs requested this be separated into two issues, one being Orange Street and the other is the mention of a building. She is concerned about adding to the Budget and she has some questions regarding the formula for Block Grant Funds. She said Orange Street is a wide street, and questioned whether there is some criteria for use of the funds other than for use of a City -owned building. Mr. Ovrom replied there are Federal guidelines the City has agreed to, and at least 50 percent of the Block Grant Funds money has to be spent on certain specified census tracts, which happen to be in District One. The City is not in conformance with the 50 percent ratio as of this time, and Orange Street is not in the census tract, which would further compound the problems. Mr. Ovrom suggested Orange Street might be included in the next fiscal year. Councilwoman Boggs would like to see the building stay at Apollo Park, which a more sensible location for use by the citizens. It was moved by Councilwoman Boggs and seconded by Councilman Santangelo that the item of putting in curbs and gutter on the 8000-8200 Block of Orange Street be referred to staff for possible consideration for use of CDBG Funds in the 1985-86 Budget. An amended motion was made by Councilman Cormack, seconded by Councilman Santangelo, and passed by the following vote to add "and/or homeowners participation." AYES: 3 Council Members: NOES: 1 Council Member: ABSENT: 1 Council Member: Roll call vote on the motion AYES: 4 Council Members: ABSENT: 1 Council Member: Santangelo, Boggs, Cormack Davila Barb as amended: Santangelo, Boggs, Cormack, Davila Barb Report on Double Driveways - Single Family Residential Zones Mr. Newton explained the specific issue is a request for waiver of the fee for a variance application. There is no provision in the Zoning Ordinance for waiver by the City Council of these fees and, therefore, he does not believe the Council has the power to grant the request. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and so ordered to receive and file the report. Council Minutes 9/25/84 -9- ?�S15 Mr. Joel Martinez, 8447 Cleta Street, does not feel his driveways violate the City Code as to safety, nuisance or appearance, and in this instance he does not feel his rights are being protected. He said his driveway has been in existence since 1955. He was informed the issue is not the driveway but whether the fees should be waived. AYES: 3 Council Members: Santangelo, Boggs, Cormack NOES: 1 Council Member: Davila ABSENT: 1 Council Member: Barb It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by the following vote to approve the list of Appropriation Adjustments. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila ABSENT: 1 Council Member: Barb It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following to approve a request for 60-day extension on General Plan Amendment 84-2 and Zone Change Case No. 212 - 8247 Gardendale Street. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila ABSENT: 1 Council Member: Barb ORAL COMMUNICATIONS - Staff Members: None ORAL COMMUNICATIONS - City Council It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by the following vote to support surrounding communities in opposi- tion to locating a prison at proposed locations in adjacent communities. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila ABSENT: 1 Council Member: Barb Councilman Santangelo requested staff to expedite preparation of a report on the possibility of an in-house attorney for the City. He hopes the City can find a way to save money in this area. Mr. Ovrom explained it was not his interpretation that he was directed to prepare a study but was directed to see whether other cities have done any studies. He has sent letters to approximately 40cities asking to see any studies they might have conducted. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to direct the City (Manager to conduct a study concerning the possibility of an in-house attorney. Responding to questions, Councilman Santangelo indicated he is requesting a study to see if there is some way the City could save money. He also does not fully understand the retainer arrangement, and he would like to know how much money has been expended for some of the major suits against the City. Councilwoman Boggs would like the report to include cities that have an in-house attorney. Mr. Ovrom explained the City Attorney's budget is high due to handling all the City's tort litigation since the City is self -insured. He recommended the Council consider the possibility of a consulting firm to conduct the study that would not be biased in.any way. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila ABSENT: 1 Council Member: Barb Councilman Santangelo mentioned he was recently contacted with a request to place advertising on the Rio Hondo Golf Course ',golf score card. He does not feel this type of policy should be adopted by the Golf Pro until the City Council has had an opportunity to review it, and he requested staff come back with the information as to whether the Golf Pro has the prerogative to allow the advertising. Council Minutes 9/25/84 -10- Councilwoman Boggs reiterated her previous concern regarding Political Signs. Councilwoman Boggs referred to rezoning of the Downey Community Theatre for possible use of serving alcoholic beverages at the Theatre, and she made a motion, which was seconded by Councilman Santangelo, to designate the Civic Center area, including the Theatre, to be a CC zone and refer this matter to the Planning Commission for hearings. Mr. Newton advised there is a specific ordinance prohibiting the use of alcoholic beverages on public property which is independent of the Zoning Ordinance, and it would have to be amended. AYES: 3 Council Members: Santangelo, Boggs, Davila NOES: 1 Council Member: Cormack ABSENT: 1 Council Member: Barb Councilwoman Boggs expressed concern regarding the height of the resi- dential structure at 12350 Orizaba Avenue and said she has been informed the building is 27.9. She questioned whether the City permits a two-story structure of approximately 15 feet per floor, and if so, she would request a change. Mr. Cutts stated the structure meets code requirements except that the permit has expired, which staff is pursuing. There can only be a maximum of two stories, and there is a limitation as to height. Councilwoman Boggs said 30 feet is too tall for a residential neighborhood. Referred to staff. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by the following vote to pursue a change in the State Law concern- ing the State bicycle licensing computer program, whereby it would not be mandatory to have a license in order to participate in the program. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila ABSENT: 1 Council Member: Barb Councilwoman Boggs inquired regarding status of the Design Review Board. Mr. Ovrom replied thereare procedureal steps to be followed, and it has to go through the Planning Commission before it comes back to the Council. Councilwoman Boggs requested this issue be, expedited. Referring to the height limit in a residential zone, Mr. Newton cited Section 9110.16(d), which states the maximum height of any building shall not exceed two stories or 30 feet, whichever is less; detached accessory buildings or structures shall not exceed one story or 12 feet in height. Mayor Pro Tem Davila mentioned he passed by the water site on Texas Street and it is an eyesore.' He directed staff to do whatever is necessary to clean it. Mayor Pro Tem Davila inquired if the ultralight had to make an emergency landing in the riverbed. Mr. Ovrom said he had not received any notification of such a landing. He will look into it. Mayor Pro Tem Davila would like to be informed of any future incidents involving the Ultralight or any incidents the Council should be aware of. ORAL COMMUNICATIONS: Audience Mr. Lennie Whittington, 8542 Manatee, inquired regarding the status of the City not following its own ordinances with regard to improvements on Old River School Road along the Rio Hondo Golf Course. Mr. Ovrom replied a report has been prepared and is scheduled to be on Council Minutes 9/25/84 -11- �sy7 the next Agenda. In summation, he said, everything the City did on Old River School Road does conform to Code. Mr. Whittington then mentioned someone has broken windows on the Brookishire Medical Building, which was built by Mr. Diller, and he inquired if the City could offer some assistance in patrolling the area. He also noted the large plate glass window of the retirement center has also been broken. ADJOURNMENT: 10:35 p.m. The meeting was adjourned to 7:00 p.m., October 2, 1984, in the Council Chamber of the Downey City Hall, for hearing on the ',Sign Ordinance. �a , - -16 Robert L. Shand, City Clerk -Treasurer Bob Davila, Mayor Pro Tem Council Minutes 9/25/84 -12-