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HomeMy WebLinkAboutMinutes-11-27-84-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 27, 1984 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Proclamation naming Chamber of Commerce Week 1 Presentations re Shop with Bus Token Program 1 Proclamation recognizing 30th year DJAA in Downey 1 Appeal of Planning Comm. decision re Change of Referred to Planning Comm. Use - 11405 Paramount B1, to consider storage of 15 vehicles on Lot & rpt. back 1/8/85 1 Removal of Items from Consent Calendar 2 Minutes: Adj. Reg. Mtg., Nov. 13, 1984; & Reg. Mtg., Nov. 13, 1984 Approved 2 Rejection of Legal Claim: Ref. #695, Kolar Approved 2 General Warrants: #001155 - 001192 #001550 - 001777 Approved 2 Tract #36588, 7839-45 Cole St.: Accept off -site improvements Approved 2 Tract #42943, 9400 Gallatin Rd.: Accept off -site improvements Approved _ 2 Appeal, C.U.P. #208, 13343 Lakewood Bl. Hearing set for- / 2 Report on Holiday Home Decorating Contest Received & filed 2 Res. #4489, Designating Gallatin Rd. Thru Street at Intersection w/Cord Av. Adopted 2 Res. #4490, Apprvg. Apptmt. of Harry Taormina to L.A. County Regional Public Recreation Area Auth. (Golf Course Auth.) for Dist. 5 Adopted 2 Liability Insurance - Downey Christmas Parade Received & filed 3 Mortgage Revenue Bonds Hearing set for 12/11 CC #523, Trimming of Various Trees throughout City: Auth. staff to send letter to each house- hold where trees are to be trimmed Approved 3 CC #523, Trimming of various Trees throughout City: Specs & site selection & grant. auth, to advertise for bids Approved 4 Res. #4491, Opposing 1985 Rate Increase Request submitted by Gen. Telephone Co. to PUC Adopted 4 Res. supporting Exploration & Development of Offshore Energy Resources & Opposing Federal & State Efforts to impose Moratoriums on Offshore To be brought back next Energy Development mtg, w/addl. documentn. 4 Mr. Cliff Maldonado re noise emanating from To be discussed w/Police airplanes flying low bet, midnight & 3a.m. Chief & CM during recess 4 Req. of Downey Rose Float Assn. for waiver of Approved this year & cost for use of Theatre for Miss Downey Pageant future years 4 Page 1 of 3 COUNCIL MINUTES, NOVEMBER 27,'1984 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION Ord. re Burglary & Robbery Alarms Re -introduced Ord. #774, Auth, reimbursement of Certain Minimum Expenses incurred by each Member of City Council & repealing Ord. #634 Adopted Ord. #775, amending DMC re Hotels, Lodging & Rooming Houses (re Registration) Adopted Ord. #776, adding Sec. to DMC re Purchasing Ord. amending DMC re Freestanding Signs Res. #4492, amending Portion of Gen. Plan of Land Use Map, Gen. Plan Amndmt. #84-2, NW Corner of Downey Av. & Gardendale St. Zone Change #212, 8247 Gardendale St.: Hold in abeyance for 60 days & have applicant file 3-lot parcel map for property Firestone B1. Demonstration Proj. bet. Downey & LaReina: Allow for financing'reconst. of parking lot; in order to mitigate increased costs of Davis-Bacom requirements provide financing package outlined in Option 3; auth. staff to conclude necessary agmts. w/lender w/int. rate not to exceed 9-3/4 percent; & hold items 3, 4 & 5 & bring back feasibility study with OPA Report on Dept. Head Automobile Policy Res. #4493 est. Compensation Payable to Classifi- cations within the Executive Managmt. Service (re Automobile Policy) CC #SS-362 (FAU), Paramount Bl. from Florence Av. to Santa Ana Freeway: Award to Strata Const., contingent on Caltrans' apprvl'., & transfer funds CC #521, Misc. Repairs: Accept improvements & additional construction quantities Apollo Park Funding: Use combination of Revenue Sharing & Park In -Lieu Fees Relocation of Water Facilitieswithin const. area of Route 105 Freeway Cn. Santangelo re status of Recognition for appointees to Boards and Commissions Cn. Santangelo re Joint Meeting w/Planning Comm. to discuss philosophies & Goals - He will bring back dates next meeting Cn. Santangelo req. Dir. Adm. Svcs, look into sufficiency of Christmas Parade Cert. of Ins. Suggestions re use of Prop A moneys Cn. Cormack re status of Charter Review Committee Cn. Boggs re Temporary Storage', Containers Adopted PAGE NO. 5 5 6 6 Postponed until info brought back from staff Adopted Approved Approved Discussion Adopted Approved Approved Approved Approved Procedure being prepared 0 7 7 7 9 _ 10 10 10 10 10 11 11 11 Staff to bring report back 11 11 11 Page 2 of 3 COUNCIL MINUTES, NOVEMBER 27, 1984 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT Cn. Boggs re Status of Boxing Report Cn. Boggs favors use of Prop A Funds for purchasing Mini -Vans Cn. Boggs cited complaint re parking problem at 9663 Foster Rd. Cn. Boggs commented re letter requesting crosswalks on Florence at East Middle School Cn. Boggs re policy covering employment of Security Guards David Ray re status of suggestion on possible use of Prop A Funds for inner -City bus system Cn. Davila re status of Senior Citizen Employment Referral Closed session re possible litigation Meeting adjourned to 6:30 p.m., Dec. 11, 1984, in Mayor's Office for closed session to discuss pending or potential litigation ACTION PAGE NO. 11 11 11 Report will be on next Agenda 11 City Atty. to rpt. back re possible controls 12 Staff to report next meeting 12 Program should be in place within 60 days 12 12 Page 3 of 3 9Sg9 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 27, 1984 The City Council of the City of Downey held a regular meeting at 7:30 p.m., November 27, 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 Carl K. Newton, City Attorney James R. Cutts, Director of Community Development William A. Ralph, Director of Public Works Lee Powell, Director of Administrative Services William F. Martin, Police Chief Don Davis', Fire Chief James R. Jarrett, Acting Director of Community Services 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 Reverend John Wetzel, Christ Lutheran Church. The Flag Salute was led by Councilwoman Boggs. PRESENTATIONS Mayor Barb presented a 'Proclamation naming Chamber of Commerce Week to Dr. John Sims, President of the Downey Chamber of Commerce. Dr. Sims commented on his trip to Greece with the Contract Cities and of a meeting with the Mayors of Athens and Delphi. Dr. Sims then commented on success of the Shop with Bus Token Program and noted the tokens were purchased by money obtained from the City through a pro- gram involving the City, the Downey Chamber of Commerce, and Southern California Rapid Transit District. He presented to the City a check in the amount of $5,343.43 for the sale of tokens. Mr. Jay Price, Bell City Councilman and representative of the RTD Board of Directors, said the Board is pleased with success of the Bus Token Program, and he presented recognition to each Council Member. Mayor Barb presented to Jerry Silby, President of Downey Junior Athletic Association, a Proclamation recognizing the 30th year of DJAA in Downey. Mr. Silby expressed his 'hope that DJAA will remain as vital and vibrant in the future as it has the past 30 years. HEARINGS Mayor Barb opened the hearing on Appeal of the Planning Commission's decision concerning Change of Use - 11405 Paramount Boulevard. Mr. Cutts explained there was change of use for the subject property to establish a Budget Rent -a -Car, which was denied by the Planing Commission based on insufficient information. Tonight sufficient information has been submitted to enable the Council to make its decision, which was presented by the applicant in the form of a sample plot plan and redone by staff. He said the plot plan submitted showed vehicle storage for approximately 29 automo- biles, but in the plan redone by staff it was estimated there could be 18 vehicles stored, which would' not provide a common driveway for ingress or Council Minutes 11/27/84 _1_ �3 yo egress. The Planning Department recommends the change in use be approved for 15 vehicles, which would provide sufficient access for the vehicles, and that a stipulation be made that no more than 15 vehicles be stored on the lot. Mayor Barb suggested this matter go back to the Planning Commission because the Commission has never discussed the case on its merits. The rest of the Council concurred. Mayor Barb asked if the applicant had any objection to referring this back to the Planning Commission. Mr. Harry Anderson of Budget Rent-A-Car, 11405Paramount, agreed to have this go back to the Commission with proper documentation. He also agreed to wait until the first meeting in January for the Council's decision. This matter was referred to the Planning Commission for review and report back to the Council at the meeting of January 8, 1985. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-F-4, Christmas Parade Certificate of Insurance, was removed at the request of Councilman Santangelo. Agenda Items VIII-F-7, Authorization for bids for Tree Trimming; and VIII-G-4, Resolution for Development of Offhore Energy Resources, were removed at the request of Councilman Davila. Agenda Item VIII-F-6, Mortgage Revenue Bonds, was removed at the requet of Councilwoman Boggs. Agenda Item VIII-G-3,Resolution opposing General Telephone Company Rate Increase, was removed at the request of Councilman Cormack. CONSENT CALENDAR It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Adjourned Regular Meeting, November 13, 1984, and Regular Meeting, November 13, 1984. Rejection of Legal Claim: Ref. #695, Ronald and Barbie Kolar. Report on Warrants Issued: #001155 - 001192; #001550 - 001777: $1,610,478.04. Tract No. 36588, 7839-45 Cole Street: Accept off -site improvements constructed and responsibility for maintenance.' Tract No. 42943, 9400 Gallatin Road: Accept off -site improvements constructed and responsibility for maintenance.' Appeal to Conditional Use Permit #208, 13343 Lakewood Boulevard: Hearing set for 7:30 p.m., in the Council Chamber of Downey City Hall. Report on Holiday Home Decorating Contest. RESOLUTION NO. 4489 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING GALLATIN ROAD A THROUGH STREET AT ITS INTERSECTION WITH CORD AVENUE RESOLUTION NO. 4490 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF HARRY TAORMINA AS A MEMBER OF THE LOS ANGELES COUNTY REGIONAL PUBLIC RECREATION AREA AUTHORITY FOR COUNCILMANIC DISTRIICT NO. FIVE Council Minutes 11/27/84 -2- �15_qi AYES: 5 Council Members: Davila, Liability Insurance - Downey Christmas Santangelo, Boggs, Cormack, Barb Parade Councilman Santangelo questioned whether the $1 million insurance cover- age is sufficient for liability exposure of the parade to the City. Mr. Powell explained this is a traditional amount provided by the Lions Club, and the City has never had a claim regarding the parade. The City's regular policy goes up to $10 million and for any claim over the $1 million the City's regular insurancewould cover the amount in excess to that. It was moved by Councilman Santangelo that the Lions Club raise its coverage from $1 million to',$5 million. The Chair accepted the motion. (See later motion.) Councilman Davila feels', this would be placing a burden on the Lions Club, and the Lions Club is doing a great deed for the City. Councilman Cormack concurred the Lions Club is providing something for the City and can understand the concern that the City be protected. He does not feel the City should require additional insurance but should provide cover for the balance. Councilwoman Boggs feels the total coverage of $10 million is adequate. Councilman Santangelo is not opposed to the City underwriting the cost for the additional coverage', but he would request the Lions Club provide $5 million worth of insurance, regardless of who pays for the additional cover- age, and the City's coverage would be in addition to that. It was moved by Councilman Santangelo that if need be, the City would reimburse the Lions club for the additional cost of their coverage. The Chair accepted the motion. Following discussion, Councilman Santangelo withdrew his previous motion and made a substitute motion'' to expand the City's coverage to $15 million for this event. The motion was seconded by Councilman Cormack. Roll call vote on the original motion: AYES: 1 Council Member: NOES: 4 Council Members: Failed. Santangelo Davila, Boggs, Cormack, Barb During further discussion, Mr. Powell indicated staff is making an inventory of every special event or remotely related situation, and a report will be submitted to the Council. It was moved by Councilman Davila, seconded by Councilman Cormack, and Passed by unanimous vote to receive and file the report on Liability Insurance. It was moved by Councilwoman Boggs to set the public hearing on Mortgage Revenue Bonds for 7:30 p.m., January 8, 1985. Mr. Newton explained State law requires the hearing to be held before the end of the calendar year. It was requested that the information on this matter be submitted to the Council as soon as possible.' It was moved by Councilman Cormack, seconded by Councilman Davila, and so ordered to set a hearing on Mortgage Revenue Bonds for 7:30 p.m., December 11, 1984, in the Council Chamber of the Downey City Hall. Cash Contract No. 523 - Trimming of Various Trees throughout the City Councilman Davila asked if the trees to be trimmed. He mentioned he tree trimming. residents are contacted regarding the has received complaints concerning the Council Minutes 11/27/84 -3- Mr. Ralph explained these are all trees in the public right-of-way, and it is the City's responsibility to keep them reasonably trimmed. Unless trouble is expected, staff does not go out and talk to the residents, but they are notified a day before the trimming so that there will not be vehicles parked adjacent to the tree. The trimming is done to last a few years. Councilman Davila requested that the property owners receive more than one day notice if possible. Mr. Ralph mentioned this project involves 1,000 trees. It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by the following vote to instruct staff to send a letter to each household where the trees are to be trimmed, advising them of their right to assume responsibility for the trees or as of a certain date the City will trim them. AYES: 3 Council Members: Davila, Santangelo, Cormack NOES: 2 Council Members: Boggs, Barb It was moved by Councilman Davila, seconded by Councilwoman Boggs, and passed by unanimous vote to approve specifications and site selection and grant authority to advertise for bids. RESOLUTION NO. 4491 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING THE 1985 RATE INCREASE REQUEST SUBMITTED BY GENERAL TELEPHONE COMPANY OF CALIFORNIA TO THE PUBLIC UTILITIES COMMISSION Councilman Cormack referred to a recent article in the Southeast News and said the Council's policy in the past has been standard against any increase, lawsuit or anything that will cost the City money until proving there is good reason for it. He wants the general public to know the City Council is not against the General Telephone Company and that they 'provide a good service. The Resolution was read by title only. It was moved by Councilman Cormack, seconded by Councilman Davila, and passed by the following vote to waive further reading and to adopt. Council Members Santangelo, Boggs, and Davilaspoke in rebuttal to the newspaper article. AYES: 4 Council Members: Davila, Santangelo, Cormack, Barb NOES: 1 Council Member: Boggs The Resolution supporting Exploration and Development of Offshore Energy Resources and opposing Federal and State Efforts to Impose Moratoriums on Offshore Energy Development will be brought back at the next meeting with additional documentation. ORAL COMMUNICATIONS - Items not on Agenda Mr. Cliff Maldonado, a resident of Downey, 'commented regarding noise emanating from airplanes flying low between midnight and 3:00 a.m.. He mentioned he contacted the Police Department, who suggested he contact the F.A.A. or contact surrounding cities to see if the aircraft was from another city. He asked if there are any regulations or controls over these type of aircraft hovering over the City. He was asked to speak with the City Manager and Police Chief during a recess of this meeting. Frank O'Neill, President of the Downey Rose Float Association, requested waiver of the cost of the Theatre for the Miss Downey Pageant. He said the cost is in excess of $4500, which is a great cost to the Association, and it would be beneficial if the cost could be waived. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to waive the $4500 cost to the Rose Float Association for use of the Theatre for the Miss Downey Pageant. Council Minutes 11/27/84 -4- lS93 Councilman Cormack asked if in the future it would be possible to reduce the cost by starting the pageant earlier on Saturday and concluding the pageant on the same day. Mr. O'Neill said there is still the same amount of show -time involved, and he explained why a two-day pageant is more beneficial to the contestants. Further efforts will be made next year to expand advertising for the pageant. An amended motion was made by Councilman Santangelo, seconded by Council- man Cormack, and passed by the following vote that this year and in future years, for a two-day pageant,', that the Rose Float Association not pay for use of the Theatre or be reimbursed a like amount to offset cost of the Theatre. It was indicated an appropriation will be on the next Agenda to cover this action. AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb The original motion as amended was then passed by unanimous vote. Mayor Barb declared a recess from 8:37 p.m, to 8:50 p.m. The meeting resumed with all Council Members present. ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE ''III OF THE DOWNEY MUNICIPAL CODE BY ADDING CHAPTER 7 RELATING TO BURGLARY AND ROBBERY ALARMS The Ordinance was read by title only. It was moved by Councilwoman Boggs and seconded by Councilman Cormack to waive further reading and to adopt. Councilman Santangelo referred to Page 3, Section 13, and said he does not feel the residents should be charged a $15 fee on an annual basis, and he would like to see the fee waived for residents. Chief Martin explained the fee for initial installation and for renewals is an effort to offset some of the administrative costs and putting the program in place. The intention of the Ordinance is to crack down on people with faulty systems, but is not intended to be a burden on people who operate good systems. Mr. Newton advised the wording suggested would be a change in substance, and it would be necessary to have another first reading of the Ordinance. During discussion he said the Section can be modified to read "the installation fee for an alarm system...." Responding to a question,', Chief Martin explained the reason the fees were reduced for the business sector was so that a business would not be paying a fee higher than the busines license. Further discussion ensued'. An amended motion was made by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by the following vote insert the word "installation" in place of "annual" in the first line of Section 13. AYES: 4 Council Members: Davila, Santangelo, Boggs, Barb NOES: 1 Council Member: Cormack The Ordinance was re -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 introduce. ORDINANCE NO. 774 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE REIMBURSEMENT OF CERTAIN MINIMUM EXPENSES INCURRED BY EACH MEMBER OF THE CITY COUNCIL AND REPEALING ORDINANCE NO. 634 Council Minutes 11/27/84 -5- 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: 3 Council Members: Santangelo, Boggs, Barb NOES: 2 Council Members: Davila, Cormack ORDINANCE NO. 775 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMEND- ING ARTICLE IV, CHAPTER 1, SECTION 4130 (a) OF THE DOWNEY MUNICIPAL CODE RELATING TO HOTELS, LODGING AND ROOMING HOUSES The Ordinance was read by title only. It was moved by Councilman Santangelo and seconded by Councilwoman Boggs to waive further reading and to adopt. An amended motion was made by Councilman Cormack to amend the Ordinance to read "once in 24 hours." The Chair accepted the motion. AYES: 2 Council Members: Cormack, Barb NOES: 3 Council Members: Davila, Santangelo, Boggs Failed. The original motion was then passed by the following vote: AYES: 3 Council Members: Davila, Santangelo, Boggs NOES: 2 Council Members: Cormack, Barb rBavil f-.1,1 ORDINANCE NO. 776 _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 2910 TO ARTICLE II, CHAPTER 9 OF THE DOWNEY MUNICIPAL CODE RELATING TO PURCHASING 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. Mayor Barb referred to Sub -Section (b) which refers to an amount established by City Council resolution, and he asked when the resolution will be prepared. He was informed it will be brought back before the Ordinance becomes effective. AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 9148 OF THE DOWNEY MUNICIPAL CODE (CHAPTER 1, ARTICLE IX) (re Freestanding Signs) The Ordinance was read by title only. It was moved by Councilman Davila to deny. The motion died for lack of a second. It was moved by Councilman Cormack and seconded by Councilman Santangelo to waive further reading and to adopt. Councilwoman Boggs indicated she is waiting for some information con- cerning an enforcement plan, as an appointee from the business community to the Design Review Board, and a proposal on the rebate plan. She would prefer to postpone adoption of the Ordinance until hearing from staff on these items. It was Mr. Ovrom's understanding the information was to be brought back prior to the effective date of the Ordinance. An amended motion was made by Councilwoman Boggs, seconded by Councilman Davila, and passed by the following vote to postpone' adoption of the Ordinance until the information comes back from staff. Council Minutes 11/27/84 -6- 905, AYES: 4 Council Members NOES: 1 Council Member: RESOLUTIONS: None ADMINISTRATIVE REPORTS Davila, Santangelo, Boggs, Cormack Barb General Plan Amendment No. 84-2 and Zone Change Case No. 212, 8247 Gardendale Street Mr. Cutts explained the proposed General Plan Amendment requested is to change the land designation from retail commercial to low medium density residential and the zone change request is from C-2 (General Commercial) to R-2 HFB, which is two-family residential house factory built. The options for approval are to adopt a resolution on the General Plan designation and to hold the zone change in abeyance for 60 days with instructions to the applicant to file a three lot parcel map for the subject property. RESOLUTION NO. 4492 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING A PORTION OF THE GENERAL PLAN OF LAND USE MAP GENERAL PLAN AMENDMENT #84-2 NORTHWEST CORNER OF DOWNEY AVENUE AND GARDENDALE STREET 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. Councilman Davila suggested since the applicant is not present that the Council deny the resolution and have the applicant re -apply. Mr. Cutts said staff feels the applicant's request for a General Plan change is consistent in that the should be zoned for residential. The problem is that the applicant would like to have four lots instead of three. AYES: 3 Council Members: Boggs, Cormack, Barb NOES: 2 Council Members: Davila, Santangelo It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by unanimous vote to hold the Zone Change in abeyance for 60 days with instructions to the applicant to file a three -lot parcel map for said property. Firestone Boulevard Demonstration Project located between Downey Avenue and LaReina Avenue Mr. Cutts commented on staff recommendations to assist in financing parking lot reconstruction amounting to $227,242 and to approve Option No. 3 of a rebate/loan combinationto mitigate increased costs of the Davis -Bacon requirements for reconstruction of the parking lot, subject to approval as to form by the City Attorney, and would also cover facade work, painting, and signage. Downey Savings & Loan has indicated its approval to finance at 9-3/4. Staff also recommends authorizing an additional expenditure of $80,000 due to necessary reconstruction of the parking lot with the use of Community Development Block Grant Funds and to allow for the restriping of Nance Street and provide diagional parking. Staff has had discussions with the railroad concerning improvements of Nance Street including landscaping along the South side. Lastly, staff requests' awarding a contract to Martin Project Management for contract administration.' He responded to questions concerning what has transpired to date, including the proposed financing. Councilman Santangelo calculated the loss of interest to the City could be in the neighborhood of $120,000-200,000 for the funds that would be tied -up for a ten-year period. Mr. Cutts said the vast' majority of funds are Jobs Bill Funds, and the lost interest would be to the Federal government. Also, the City is required to spend these funds quickly, and HUD is pressing the City to get a project going by the end of this year. Council Minutes 11/27/84 -7- Mr. Cutts responded to further questions concerning various details of the project, including funding. Councilman Santangelo said due to the fact that the property owners have not been qualified for the loan, he would like to see some data that the property owners have agreed to this. Also, there is no information as to what period of time it will take for the City to get back the $146,400 it will be investing. Mr. Cutts noted the cost for the Contract Administrator will be assessed to the Community Development Block Grant. Councilman Cormack suggested this be approvedcontingent upon financing being arranged by the property owners. Councilwoman Boggs questioned whether the layout of the demonstration area is different than the one previously approved, and she also mentioned requesting PAC and the Planning Commission to look at the Firestone Corridor and report back, but there has been no follow-up' to this. Also, she was hoping to have more citizen input and support. Councilwoman Boggs requested that if possible in the future if information is 'ready prior to the Agenda packet that it be submitted to the Council for early review. It was moved by Councilman Santangelo and seconded by Councilman Davila to table the matter. (See later motion.) It was indicated that if this is not acted on quickly the funding would not be available. Further discussion ensued. Councilman Santangelo stated the Council is being asked to approve this without having all the information. Mr. Cutts outlined which portions of this matter could be acted on at this time. The Owner Participation Agreements would be coming back for later approval. On Page 3 of the staff report containing the elements of the project, it was noted that Item 1 for financing reconstruction of the parking lot will be contained in the OPA which will be coming back for ',later approval. As to the condition of authorizing staff to conclude necessary agreement with the lender subject to approval as to form by the City, it was the Council's decision to add "and the interest rate not to exceed 9-3/4 percent." Items 3, 4 and 5 will not be approved at this time. It was moved by Councilman Santangelo, seconded by Councilman Davila, and passed by unanimous vote to allow for financing reconstruction of the parking lot; that in order to mitigate the increased costs of the Davis -Bacon require- ments and reconstruction of the parking lot, provide the financing package outlined in Option 3; authorize staff to conclude 'necessary agreements with lender subject to approval as to form by the City 'Attorney and the interest rate not to exceed 9-3/4 percent; and to hold over Items 3, 4 and 5 and bring back a feasibility study with the OPA. Mayor Barb declared a recess from 10:00 p.m. to 10:08 p.m. The meeting resumed with all Council Members present. Report on Department Head Automobile Policy Mr. Ovrom said three resolutions are presented containing options for consideration: The first ratifies the current practice plus imposing some new condition; the second eliminates the cars altogether and provides for an automobile allowance; and the third is to keep the City cars for City business and minor personal errands and buying out the personal use for $250. Councilman Santangelo requested the wording be changed in the first resolution, Section 3, to read "the make and model of said automobile shall be subject to the approval of the City Manager." Councilwoman Boggs said the City Manager's contract gives him an automo- bile, and automobiles were part of negotiations to two department heads since Mr. Ovrom's employment. To take the vehicles away from department heads at Council Minutes 11/27/84 -8- lAq this time would create a hardship. She does not mind department heads having cars for City business or personal use, but she recommends personal use be limited to a mileage range so that the cars are not used on vacations. Councilman Cormack does not think the council should make any changes on car usage at this time. Any changes should be made at contract time. Councilman Davila said he presented a resolution for additional informa- tion eliminating Section 5 of Administrative Regulation 604, which approves unrestricted use of the vehicle for the City Manager, Assistant City Manager, Police Chief, Fire Chief and Director of Public Works. Also, he mentioned, Section 6.1 provides for proper maintenance of the vehicles for City business only, which he said contradicts Section 5. Councilman Davila pointed out there are no written Minutes' reflecting approval of the unrestricted use of vehicles. He did not concur with the estimated annual mileage of 33,000 being placed on a vehicle. Councilman Santangelo does not agree with unlimited personal use of the automobile, but he does not agree with giving an employee compensation and then taking any portion of that compensation away unfairly. He said to do so would be an insult to some of the finest people the City has on its staff. Councilman Santangelo said knowing how the Council feels on this matter, that the department heads will keep the reins on personal use of the vehicle, and when the Council begins discussions on compensation and pay raises during contract negotiations that the department heads prepare to make other arrangements but also that they be justly compensated. Mayor Barb said the obvious concensus is the Council does not intend to allow the personal use of the vehicles, and he would concur. He mentioned for the record that the present negotiated compensation was approved by resolution and included personal use of vehicles. It was moved by Councilman Santangelo and seconded by Councilwoman Boggs to postpone the report on the personal use of vehicles and take it into consideration in the next contract negotiation with the department heads. (Motion later withdrawn.) Mr. David Ray, 7338 Nada, referred Pages 10 and 12 of the staff report on this matter and said some of the comments pertaining to "activists" were not necessary. He concurred with Councilman Davila's proposed resolution and suggested it be amended to state March of 1985, which is when salary negotia- tions begin. Councilman Santangelo agreed with Mr. Ray concerning some of the wording contained in the report and indicated more discretion should be used when putting something in print. Mr. Lennie Whittington, 8542 Manatee, said he has looked into this matter extensively and since the City was chartered, the personal use of vehicles has not been allowed until March 1983, when the then Acting City Manager submitted a new Administrative Regulation giving the personal use. He mentioned former City Manager John Donlevy was approached by City staff in 1982 who asked for personal use of vehicles, but that he turned them down. Also, Mr. Donlevy was advised by the City Attorney's office that to allow personal use of vehicles would be a mis-use of public funds, yet Mr. Newton's letter says it would not be a mis-use of public funds. Mr. Whittington questioned why the City vehicles have private license plates or why they do not have decals on the doors. He cited Article XV P of the California Constitution and the case of Albright vs. San Francisco, both concerning the gift of public funds. He is not against people having vehicles but neither the Federal Government, State, or County allow personal use of vehicles, and neither do a number of cities he contacted in the surrounding area. He said the use of public vehicles should be controlled. Councilman Santangelo inquired if an employee using a vehicle were required to sign a statement acknowledging the vehicle is for the express purpose of City business and that they are not to transport anyone other than for that purpose, would it protect the City against liability in the event the vehicle were involved in an accident while being used for personal business. Mr. Newton replied it could be a condition of use of a City automobile if a policy was declared by the 'City Council, and it would narrow the scope of liability. Council Minutes 11/27/84 -9- Mr. Ovrom said Administrative Regulation 604,Paragraph 4.3 states "No passengers may be transported in City vehicles except on City business." Discussion followed. An amended motion was made by Councilman Davila that the department heads having unrestricted use of vehicles, including their wives, sign a waiver to protect City against liability. Mr. Newton said it would be effective as to the employee and spouse of the employee, but it would not be effective as to any children. The amended motion was seconded by Councilman Santangelo. (Motion later withdrawn.) Section (d) of the Resolution listed as Item K',in the staff recommenda- tion was amended to read: "Require the employee and spouse to hold the City harmless and to waive all rights to seek damages for injury to himself and his family for personal use of the automobile." The original motion and amended motion were both withdrawn. RESOLUTION NO. 4493 A RESOLUTION OF THE CITY COUNCIL OF THE ''CITY OF DOWNEY ESTABLISHING THE COMPENSATION PAYABLE TO CLASSIFICATIONS WITHIN THE EXECUTIVE MANAGEMENT SERVICE 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. It was indicated this matter will come back for reconsideration at the time of the negotiations with the bargaining units.' AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by unanimous vote to award a unit', price contract totaling $199,872.70 to Fecit Strata Construction for construction of improvements under Cash Contract No. S.S. Project No. 362 (FAU) Paramount Boulevard from Florence Avenue to Santa Ana Freeway, contingent upon Caltrans' approval, and transfer funds in the amount of $31,600 from the unexpended Gas Tax Balance to Account No. 26-16244 for use on this project. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by unanimous vote to accept improvements constructed under Cash Contract No. 521, Miscellaneous Repairs, and approve additional construction quantities. Apollo Park Funding Councilwoman Boggs does not want to sell Proposition A funds but would like to see them to be used for transportation needs in the City. Mr. Ovrom said the City is not interested in selling Prop A money, and it is his recommendation to use Revenue Sharing and (Park In -Lieu fees for the Apollo Park funding. It was moved by Councilwoman Boggs, seconded by Councilman Davila, and passed by unanimous vote to use a combination of Revenue Sharing in the amount of $129,540 and Park In -Lieu Fees in the amount of $85,460. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by unanimous vote to authorize the Mayor to enter into an agreement with James M. Montgomery Consulting Engineers, Inc., for preparation of plans and specifications for Relocation of Water Facilities within the construction area of the Route 105 Freeway, not to exceed $15,000. ORAL COMMUNICATIONS - Staff Members: None Council Minutes 11/27/84 =10- 95 99 ORAL COMMUNICATIONS - City Council Councilman Santangelo 'inquired regarding status of Recognition for appointees to Boards and Commissions. Mr. Shand said the Council has been polled, and a design has been selected for the certificates. Hopefully this can be put together by the end of this year. Councilman Santangelo 'proposed conducting a Joint Meeting with the Planning Commission to discuss philosophies and goals. He was asked to bring back dates to the next meeting. Councilman Santangelo asked that the Director of Administrative Services look into the sufficiency of the $10 million Christmas Parade Certificate of Insurance. Councilman Davila inquired regarding the deadline for using Proposition A moneys. He was informed there is no immediate threat for losing unspent funds, and this will be discussed for next year's Budget. Mr. Powell explained the first year's allocation has to be spent in three years; the second year's allocation will have to be spent in the 1985-86 Budget. Councilman Davila requested consideration be given to using some of the funds for providing covers for bus stop benches and to provide trash con- tainers at bus stops. Mayor Barb said a member of the City's crew was used to clean up one of the bus stops and suggested a position in the Public Works Department be funded out of Prop A money. Staff was requested to bring a report back. Councilman Cormack inquired regaring status of the Charter Review Committee. Mr. Yotsuya replied the Council will soon be receiving an outline of a proposal. Councilwoman Boggs commented regarding a report from Mr. Cutts regarding Temporary Storage Containers, and said these containers are being used throughout the City and in District One. She requested staff look into use of the containers and requestedclarification on how long "temporary" is intended to be. She would like to have the temporary facilities limited to a certain time frame. Councilwoman Boggs inquired regarding status of the Boxing Report. Mr. Jarrett said this is on the next Agenda of the Recreation & Community Services Commission, and he 'expects a report to the Council by the first of January. Councilwoman Boggs said she would like to see Proposition A Funds used for purchasing Mini -Vans. Councilwoman Boggs cited a complaint regarding parking problems at 9663 Foster Road. Councilwoman Boggs commented on receipt of a letter requesting crosswalks on Florence at East Middle School. A report will appear on the next Agenda. Councilwoman Boggs mentioned there have been incidents of crime involving Security Guards, and she inquired if there is a policy covering employment of Security Guards since they are allowed to carry weapons. Chief Martin commented on the State requirements that must be met by an agency employing a Security', Guard who carries a weapon. The City has no jurisdiction. Council Minutes 11/27/84 -11- Mayor Barb asked if the City could impose zoning controls over businesses who employ Security Guards. Mr. Newton will look into it and report back. ORAL COMMUNICATIONS: Audience David Ray, 7338 Nada, inquired regarding the status of his suggestion about the possible use of Proposition A Funds for an inner -City bus system. He was informed the report will be prepared for the next meeting. Councilman Davila inquired regarding status of Senior Citizen Employment Referral. Mr. Jarrett exlained it is anticipated the 'program will be in place within the next 30 days. CLOSED SESSION Mayor Barb recessed the meeting to closed session from 11:13 p.m. to 11:20 p.m. to discuss possible litigation. The meeting resumed with all Council Members present. ADJOURNMENT: 11:20 a.m. The meeting was adjourned to 6:30 p.m., December Office of the Downey City Hall, for closed session potential litigation. Aa R. 4arb',aMayor� Kobert L. Shand-, City Cleek-Treasd-r—er 11, 1984, in the Mayor's to discuss pending or Minutes 11/27/84 -12-