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HomeMy WebLinkAboutMinutes-01-08-85-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 8, 1985 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Petition in protest to abortion clinic in City 1 Proclamation commending James L. Stamps Founda- tion, Inc., for donation of funds for furniture for the Children's Wing of Downey Library 1 Proclamation commending Sandra Mathis for excep- tional Library coverage & support by local media 1 Proclamation commending Marilyn Fisher for oustanding service to Libraries 2 Proclamation naming January as CPR Month 2 Appeal, Tentative Parcel Map #16715, Hearing cont'd. to 8355 Lexington Rd. February 26, 1985 2 Removal of Parking Restriction, W/s Brookshire Av. To be placed as first N/o Gallatin Rd. item on next Agenda 3 Res. #4505, Denying Zone Variance #357, 8452 Everest St. Adopted 4 Appeal of Planning Comm. decision re Change of Use - 11405 Paramount B1. Approved for one year 4 Res. #4506, denying CUP #208, 13343 Lakewood B1. Adopted 6 Appropriation of Revenue Sharing Funds for Apollo Park Bldg. & Rose Float Assn. Approved 6 Removal of Items from Consent Calendar 7 Minutes: Adj. Reg. Mtgs. Dec. 11, 1984, Dec. 18, 1984 (6:30 p.m.), & Dec. 18, 1984 (7:30 p.m.) Approved 7 M.P. #210, Sewer Relocation - I-105 Freeway: Transfer of funds Approved 7 General Warrants: #001233 - 001286 #002460 - 002924 Approved 7 Appeal, Zone Variance #355, 8319-A & B, 8321-23 Hearing set for Vista Del Rio January 29, 1985 7, 9 Investment Policy: Adopt policy for public funds for City Approved 7 Res. #4507, Proposing to Annex into Ltg. Maint. Dist. (Annex. 85/01, Hasty Av. from Sideview Dr. Nwly. to Cul-de-sac) Adopted 7 Res. #4508, Apprvg. Engr's. Rpt. (Annex. 85/01) Adopted 7 Res. #4509, Decl. Int. to Annex (Annex. 85/01) (sets hrg. for February 13, 1985) Adopted 7 Res. #4510, Proposing to Annex into Ltg. Maint. Dist. (Annex. 85/02, Wiley Burke Av. bet. Florence & Irwingrove) Adopted 7 Res. #4511, Apprvg. Engr's. Rpt. (Annex. 85/02) Adopted 8 Page 1 of 3 COUNCIL MINUTES, JANUARY 8, 1985 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION Res. #4512, Decl. Int. to Annex. (Annex. 85/02) (sets hrg, for February 13, 1985) Adopted Minutes: Dec. 11, 1984: Cn. Davila changed his vote to"Aye" on Res. #4498 Approved Minutes: Reg. Mtg., Dec. 11, 1984 Approved )� -(4(3U SS Proj. #39,4 - Via Amorita, Old River School Rd. to Sherry Av.: Appropriate funds Approved Utilities Undergrounding Report Received & filed Report on Downey Debt Ratios vs. National Average Received & filed Gen. Plan Amendment GP 84-3 and Zone Change #216, Hearing set for Fairford Av. January 29, 1985 Council Meeting of January 22, 1985, changed to January 29, 1985 Approved Ord. re Moved Buildings, Temporary Buildings, & Temporary Storage Buildings Introduced as amended Ord. #781, re Freestanding Signs Adopted Res. #4513, Est. 2-hr. Parking Restr. 7a.m.-6p.m. B/s Marbel Av. N/o Firestone & rescind Res. #2545 Adopted Res. #4514, amending MOU bet. City & Downey Police Officers Assn. Adopted Res. #4515, amending Class Spec. for Firefighter Adopted CC #485, Civic Center Const.: Consider Change Orders #32-35 & 37-41; time ext. to 6/15/84; accept imprvmts.; withhold $25,000; & recommend acceptance by Civic Center Corp. Approved CC #491, Library Addn.: Consider Change Orders #22, 23 & 24; withhold $2,500 to insure comple- tion of remaining deficiency items; & recommend approval by Civic Center Corp. Approved CC #516, Civic Center Site Imprvmts.: Consider Change Orders #4,5,6,7 & 8; withhold $2,500 to insure completion of remaining deficiency items; & recommend approval by Civic Center Corp. Approved Budget Calendar for 1985-86 Approved Special Event Liability Deferred Sign Code Enforcement Referred to Planning Comm. for review at 1/16 mtg. & report back to Council 1/29/85 Sales Tax - Audit & Information Services Cont'd. to 1/29/85 Formation of Citizens Charter Review_. Comm. Cont'd. to 1/29/85 Joint dinner meeting w/ Council & Planning Comm. To be set & announced at later date Lennie Whittington re clarification of announce- ment prior to 6:30 closed session PAGE NO. 8 8 8 8 8 8 9 9 9 9 9 10 10 10 10 10 10 10 10 10 10 10 11 Page 2 of 3 COUNCIL MINUTES, JANUARY 8, 1985 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT Motion to send boxing equipment to San Quintin Cn. Davila re personnel response when contacting Police Dept. Cn. Davila re IRS plans to tax some fringe benefits, incl. company vehicles Cn. Davila req, apptmt. of staff member as liaison to County Proj. on Imperial Hwy. & keep Council informed of progress Cn. Cormack re SCAG proposal to study Florence & possibility of constructing flyways over inter- sections bet. 605 & Long Beach Freeways ACTION Approved PAGE NO. 11 11 11 11 11 Page 3 of 3 �o MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 8, 1985 The regular meeting of the City Council of the City of Downey convened at 8:10 p.m., 1985, 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 Bill Apmadoc, Senior Warden, St. Mark's Episcopal Church. The Flag Salute was led by Councilman Santangelo. PRESENTATIONS Mr. Edward DiLoreto addressed the Council in protest to the abortion clinic located in the City of Downey. He said many church representatives and citizens are present this evening, and they are appealing to the Council through a petition, which he read and submitted to the City Clerk for the record. The following people then introduced themselves in support of removal and closing of the abortion clinic from the City: Marilyn Evans, Downey First Baptist Church Paster Al Howard Mary Felix, Our Lady of Perpetual Help Church John Mitchell, Paster of Downey Bible Church David Lessen of Norwalk, representing Baptist Community Bible Church Father Bob Gibson, Pastor, St. Raymonds Catholic Church Harriet Doran, Our Lady of Perpetual Help Church Tom Arroyo, representative of Now Faith Fellowship Church Leo Roab, St. Marianne's Church in Pico Rivera Mr. Ed DiLoreto presented a document containing 1,022 signatures of people protesting the Family Planning Associates Medical Group. He said more thousands of signatures will follow. Paster Al Howard closed the presentation with a prayer. Councilman Davila made a motion to receive and file the petition. Mayor Barb declared a recess from 8:30 p.m. to 8:43 p.m. The meeting resumed with all Council Members present. Mayor Barb presented a Proclamation of Commendation to James L. Stamps Foundation, Inc., for donation of funds for Furniture for the Children's Wing of the Downey City Library, which was accepted by Virginia Apmadoc. Mayor Barb presented a Proclamation of Commendation to Sandra Mathis for exceptional Library coverage and support by the local media, which was accepted by Joyce Lawrence. Council Minutes 1/8/85 _1_ Mayor Barb presented a Proclamation of Commendation to Marilyn Fisher for outstanding service to Libraries. Mayor Barb presented a Proclamation naming January as CPR Month to Mr. Robert D. Sir Louis, Director of Safety of Rio Hondo Chapter of the American Red Cross. HEARING Mayor Barb opened the hearing on Appeal to Tentative Parcel Map No. 16715, 8355 Lexington Road. Councilman Santangelo stated due to the fact that the property is located across the street and down the block from the same block as his residence, a parcel of property which he owns adjoining his residence, and within the same block on the same side of the street as property which serves as the residence of his father, after consultation with the City Attorney he has decided to disqualify himself from participation on this matter on the basis it is forseeable the decision may have some material financial effect on property which he owns. He was excused at this time. Mayor Barb inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Cormack, accepted by the Mayor and so ordered to receive and file the Proof. Mr. Cutts reported on the request to subdivide a 15,100 square foot lot into two parcels of approximately 7,600 square feet each and having a 50 foot per lot frontage. The request is consistent with the City's General Plan. Mayor Barb inquired if the City Clerk had received any correspondence, and the response was no. The applicant was asked to come forward and present his case. Mr. Norbert Weinberg, 249 Pomona Boulevard, Monterey Park, the engineer of record representing Mr. Dave Warren, the property owner, said he and the applicant are in agreement and willing to comply with the conditions proposed by staff. He mentioned that two lots to the east is a condominium project having frontages less than 100 feet. Two lots to the west is a seven -lot subdivision with less than 100 foot frontages, and five have 50-feet. There being no one else to speak in favor, Mayor Barb asked if anyone wished to speak in opposition. Mr. Jim Stecklein, 7903 Calmada, Whittier, representing his mother, Ethel Stecklein residing at 8362 Lexington Road, commented regarding the development of Lexington Road and said a precedent has not been set for splitting 100-foot lots on the block. He urged denial of the lot split or placing a moratorium on splitting 100-foot lots in areas where most of the neighboring properties on substantially larger than 50 feet. Mr. Gerald J. Campana, M.D., 8346 Lexington Road, said the past several years there has been an erosion of the neighborhood and he views the proposed subdivison as a further erosion. He rebutted comments made by the applicant at the Planning Commission hearing and also mentioned the driveway of the subdivided residence would abut a school bus stop and increase the risk of injury to the children who might be loading or offloading. Mr. Guy Sterner, 10303 Downey Avenue, requested the Council to prevent the changing of Downey to a community of high density. Mr. Craig Gunnette, 8410 Lexington Road, expressed objection to splitting the lot and said he has secured a written document from a real estate broker, who concurs that dividing the lot would have a negative effect on the value of surrounding property, which he submitted to the City for the record. Mr. Joseph Mendence, 8347 Lexington Road, went on record in opposition to the project. Council Minutes 1/8/85 -2- Mr. Lon Chaney, 8307 Lexington Road, stated for the record that this is aesthetically a poor move to cut the lot in half. Mr. Jack Spieler, 10341 Stamps.Road, expressed his opposition to split- ting the lot and said it would be progress in the wrong direction. Mr. Joe Schiffiler, 10333 Stamps Road, went on record in opposition to chopping lots into smaller segments which would be detrimental to land values. Mr. Pamela Richard, 8315 Lexington Road, also opposed the project. Mr. David Ray, 7338 Nada, said he was on the Planning when this matter was heard, and the Commission voted two -to -two. He has looked at the property and said the area has 100-foot lots surrounding it. Also, splitting the lot will have an adverse effect on the area. Mr. Ray indicated there needs to be a moratorium on splitting R1-5000 lots. There being no one else to speak in opposition, rebuttal time was granted to the applicant. Mr. Weinberg said the applicant is not asking for any priviledges but is asking to develop his property into two lots 7500 feet each with dwellings that will enhance the neighborhood. Mr. David Warren, 9500 Florence, the property owner, said the subdivided lots to the east and west are only two lots away. He would have no objection to the City re -zoning his lot to preserve the neighborhood, but he does not want to be discriminated against where others have had the right to subdivide. Councilwoman Boggs said the house is wider than what would be the middle of the lot, and she asked what is intended to be done with the house. Mr. Warren replied the house is L-shaped, and he proposes to add several rooms to the left side. He has not made plans for the right side of the structure. Mr. Newton cited the findings that must be made based on provisions of the Subdivision Map Act in order to disapprove the request and to impose a moratorium. When asked about continuing the hearing for a period of time to look at these issues without establishing a moratorium, he said this can be done and refer to staff the question of whether facts exists based on evidence presented at the hearing, which would serve as a basis for any of the findings provided for in the Subdivison Map Act as a basis for disapproval. Councilman Cormack is not ready to approve splitting the lots. He feels staff needs to take a look at how the environment can be protected. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to continue the hearing to 7:30 p.m., February 26, 1985, in the Council Chamber of Downey City Hall. Councilwoman Boggs expressed concern that the home is situated in the middle of the lot, particularly not knowing what could be proposed. Councilman Davila does not concur with splitting the lot and creating 50- foot frontages. AYES: 4 Council Members: Davila, Boggs, Cormack, Barb ABSENT: 1 Council Member: Santangelo At this time Councilman Santangelo returned to the meeting. ADMINISTRATIVE ACTION Mayor Barb announced to the people present that if no objection and with Council concurrence he will ask that the Agenda item concerning Removal of Parking Restriction on West side of Brookshire Avenue North of Gallatin Road be placed as the first item on the Agenda for the next meeting. Mayor declared a recess from 9:35 p.m, to 9:45 p.m. The meeting resumed with all Council Members present. Council Minutes 1/8/85 -3- Councilman Santangelo introduced his sister, Rosemarie, who made Christmas gifts for the Council. HEARINGS (CONT'D) Mayor Barb opened the hearing on Appeal to Zone Variance No. 357, 8452 Everest Street. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and so ordered to receive and file the Proof. Mr. Cutts reported on the request to permit excessive paving in the required front yard building and landscape area in the R1-5000 zone. The pro- perty is developed with a single family dwelling and attached two -car garage, and two paved areas have been added immediately abutting the existing driveway, a portion of which was added on by the previous resident. Staff supports the Planning Commission's findings and recommends denial. Mayor Barb inquired if the City Clerk had received any correspondence, and the response was no. The applicant was asked to come forward and present his case. Mr. Joseph Husli, 8452 Everest Street, said the portion of the paving he installed on the right side of the driveway has been removed, but he feels it is unjust to remove the slab that was put in by the previous owner. He commented regarding the asset the added paving has been for his family and said none of his immediate neighbors have voiced opposition to the variance. Mr. Husli submitted for Council perusal photographs of houses with similar conditions and mentioned that when the previous owner installed the pool there was reference made on the request for additional paving next to the driveway in front of the house. There being no one else to speak in favor and no one to speak in opposi- tion, it was moved by Councilman Davila, seconded by Councilman Cormack, and so ordered to close the hearing. Councilman Davila inquired regarding status of a study concerning the selling of homes which are in violation of the Code. Mr. Cutts said the study is in progress. Mr. Husli responded to questions regarding the paving. Mr. Cutts suggested a possible alternative might be to put in tree wells so it could be considered a landscape area. RESOLUTION NO. 4505 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING ZONE VARIANCE NO. 357 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. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila Councilman Davila indicated his "no" vote pertained only to adoption of the Resolution and not to the waiver of further reading.. Mayor Barb opened the hearing on Appeal of the Planning Commission's decision concerning Change of Use - 11405 Paramount Boulevard. Mr. Cutts said this matter was heard by the Council on November 27th, but because of additional information it was referred back to the Planning Commis- sion. Subsequently the applicant indicated to the Commission that he will have an average of 10-15 automobiles parked on the property at any one time. Based on discussions and evidence presented to the Commission, it is Council Minutes 1/8/85 -4- �6,Zq recommended the Council approve the change of use. The applicant must meet all other zoning, building and fire requirements set forth in the Code. Mayor Barb inquired if there .is anyone present to speak regarding the change of use. The applicant indicated he did not wish to speak inasmuch as he has met all of the requirements. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and so ordered to close the hearing. It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by the following vote to approve the applicant's request for a period of one year for a "change of use" to establish a rent -a -car agency on property located 11405 Paramount Boulevard, zoned M-1, as satisfying the re- quirements set forth in Section 9154.06(b) of the Downey Municipal Code, provided not more than 15 vehicles are parked and/or stored on the property at any one time per day, and no other uses shall be permitted on the property except for the renting of cars. Mayor Barb asked if there are any special City or State requirements for storing vehicles within buildings. Chief Davis replied the building would have to meet the Fire and Building Codes for parking of those vehicles, or the gasoline would have to be removed prior to placing them in the building. Mr. Newton said this approval would not in any way modify compliance with Fire Code requirements, which are mandatory. Councilman Davila indicated he would like staff to look into the possi- bility of placing time limit parking signs on Burns. AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb Mayor Barb opened the hearing on Appeal to Conditional Use Permit No. 208, 13343 Lakewood Boulevard. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilwoman Boggs, seconded by Councilman Davila, and so ordered to receive and file the Proof. Mr. Cutts reported on the request to permit the establishment of a security manager's residential quarters in a mobile home stored on the pro- perty zoned M-1 (Light Manufacturing) and developed with a muffler and auto repair shop. The applicant has indicated that due to burglaries and break-ins on the property, the security manager with residential quarters is necessary. This was brought to the City's attention through a complaint of late night noise, overgrown weeds, and debris on the property. The security manager's quarters were also requested because of a contract the applicant has with the State and County, which requires storage of vehicles on the property, and this would provide security and access during off hours. The applicant has been requested to bring proof of his agreement with Caltrans and the County. He mentioned complaints have been received from residents of the adjacent mobile home park but that the motel to the south finds the security as a help. Mayor Barb inquired if the City Clerk had received any correspondence, and the response was no. The applicant was asked to come forward and present his case. Mr. Charles Bridges, business at 13343 Lakewood Boulevard, said he has a check showing that he does do business with the State and has bills to the County, but he does not have an agreement with the County and State. He men- tioned that the business renting the garage had left most of the debris, and that is now gone. Mr. Bridges explained the reason he needs the security guard is that the property has been broken into, plus the State wants to bring their vehicles in late at night, and the security guard would be able to open the gates. Council Minutes 1/8/85 -5- Ate( 5 Mr. Ken Reites, employed as the security officer, presented a letter from John Rogers, who rents the mechanic shop to the rear of the property; a peti- tion signed by residents of the adjoining mobile home park; a letter from Shirley Sires, acting manager of the Colonial Motel; and a renter of the motel, all in favor of the variance. Also, he said the property is in compliance with all codes and ordinances, and he responded to questions of the Council. Shirley Sires, 13407 Lakewood Boulevard, manager of the Colonial Motel, said the security officer has been an asset for her motel business. There being no one else wishing to speak, Mayor Barb asked if anyone wished to speak in opposition. Mr. Craig Newell, 13331 Lakewood Boulevard, Orange Grove Mobile Park, said the problem started with debris and noise on the property, and the debris has now been cleaned. Also, there is a large truck parked on the property which obstructs the sunlight. He questioned the need for a security guard. Mr. George Lozano, residing next door to the muffler shop at 13331 Lakewood Boulevard, said he has attempted to sell his mobile home, but only one person has expressed interest in buying. Also, when he moved in, there were continual noises from the trailer parked in the muffler shop, which has now subsided. He is opposed to having a guard on the premises. Mr. Newell requested permission to see the petition signed by residents of the mobile home park. There being no one else wishing to speak, rebuttal time was granted to the applicant. . Mrs. Grace Bridges, 13344 Lakewood Boulevard, Bellflower, said the noise referred to was from the prior tenant, and this has been corrected. She rebutted other comments made concerning this matter and concluded that she wants a security guard for protection of her property. It was moved by Councilwoman Boggs, seconded by Councilman Davila, and so ordered to close the hearing. RESOLUTION NO. 4506 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING CONDITIONAL USE PERMIT NO. 208 The Resolution was 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 adopt. Mayor Barb opened the hearing on Appropriation of Revenue Sharing Funds for the Apollo Park Building and Rose Float Association. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Counilman Santangelo and so ordered to receive and file the Proof. Mayor Barb inquired if the City Clerk had received any correspondence, and the response was no. There being no one to speak in favor or in opposition, it was moved by Councilwoman Boggs, seconded by Councilman Cormack, and so ordered to close the hearing. It was moved by Councilman Santangelo, seconded by Councilman Boggs, and passed by unanimous vote to appropriate $215,000 for the Apollo Park Building; $129,540 from the Revenue Sharing Fund and $85,460 from the Park In -Lieu fee reserve; and appropriate $3,281 from the Revenue Sharing Fund for the Rose Float Association. Mayor Barb declared a recess from 11:08 p.m. to 11:17 p.m. The meeting resumed with all Council Members present. Council Minutes 1/8/85 -6- REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-A, Minutes of Regular Meeting of December 11, 1984, was removed at the request of Councilman Davila. Agenda Items VIII-D-1, S.S. Project No. 394; VIII-F-2, Utilities Under - grounding Report; VIII-F-3, Downey Debt Ratios vs. National Average; and VIII- F-5, General Plan Amendment 84-3 and Zone Change No. 216; were 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: Minutes: Adjourned Regular Meetings of December 11, 1984; December 18, 1984 (6:30 p.m.); and of December 18, 1984 (7:30 p.m.). Miscellaneous Project No. 210, Sewer Relocation I-105 Freeway: Transfer funds in the amount of $5,000 from Account #72-13989 to Account #72-13990 for use on this project. General Warrants: #001233 - 001286; #002460 - 002924: $1,535,251.06. Appeal, Zone Variance No. 355, 8319-A 8 B, 8321-23 Vista Del Rio: Hearing set for 7:30 p.m., January 22, 1985, in the Council Chamber of Downey City Hall. (See Page 9 for hearing re -set to January 29, 1985). Investment Policy: Adopt the policy for public funds for the City. RESOLUTION NO. 4507 A RESOLUTION OF THE CITY COUNCIL OF THE4 CITY OF DOWNEY PROPOSING TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT NO. A.D. 121 AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (ANNEXATION 85/01) HASTY AVENUE FROM SIDEVIEW DRIVE NORTHWESTERLY TO CUL-DE-SAC RESOLUTION NO. 4508 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 85/01 - HASTY AVENUE FROM SIDEVIEW DRIVE NORTHWESTERLY TO CUL-DE-SAC RESOLUTION NO. 4509 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. 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES (ANNEXATION 85/01; - HASTY AVENUE FROM SIDEVIEW DRIVE NORTHWESTERLY TO CUL-DE-SAC (sets the hearing for February 13, 1985) RESOLUTION NO. 4510 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROPOSING TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT NO. A.D. 121 AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (ANNEXATION 85/02) WILEY BURKE AVENUE BETWEEN FLORENCE AVENUE AND IRWINGROVE AVENUE Council Minutes 1/8/85 -7- RESOLUTION NO. 4511 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 85/02 - WILEY BURKE AVENUE BETWEEN FLORENCE AVENUE AND IRWINGROVE AVENUE RESOLUTION NO. 4512 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. 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES (ANNEXATION 85/02 - WILEY BURKE AVENUE BETWEEN FLORENCE AVENUE AND IRWINGROVE DRIVE (sets the hearing for February 13, 1985) AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb Minutes: Regular Meeting of December 11, 1984 Councilman Davila referred to Page 4 , the final vote on Resolution No. 4498, and said he would like to change his "no" vote for the record to "Aye." Mr.Newton explained the Minutes are a reflection of what occurred at the Council Meeting, and if a Council Member wishes to change his vote on an item it would be necessary to obtain concurrence of the balance of the Council to reflect that he intended to vote in favor rather than in opposition. It would not involve a change in the Minutes. It was moved by Councilman Davila to change his vote to "Aye" on Resolution No. 4498. The Chair accepted the motion and so ordered. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by unanimous vote to approve the Minutes of Regular Meeting of December 11, 1984. 6, S.S. Project No. 394 - Via Amorita, Old River School Road to Sherry Ave. Noting the estimated total cost of the project, Councilwoman Boggs asked if it costs $10,000 to do the design, and Mr. Ralph replied yes, which is approximately ten percent of the contract amount. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by unanimous vote to appropriate funds in the amount of $10,000 from the unexpended Gas Tax Fund Balance to Account No. 26-16394 for use on the project. Utilities Undergrounding Report Councilwoman Boggs concurs with undergrounding and wants the public to be aware that the City is progressing in this direction. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by the following vote to receive and file. Councilman Cormack pointed out this only involves Firestone and that Florence may never be underground. Mayor Barb requested consideration be given to working in that direction. AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb Report on Downey Debt Ratios vs. National Average Councilwoman Boggs feels the public should be aware of the fact that Downey is below the national average. It was moved by Councilwoman Boggs to receive and file. Council Minutes 1/8/85 -8- General Plan Amendment, GP 84-3, and Zone Change Case No. 216, Fairford Avenue Mayor Barb mentioned due to a labor relations meeting on January 23rd, the Council may want to change the meeting of January 22nd to January 29th. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and so ordered to set the hearing for 7:30 p.m., January 29, 1985, in the Council Chamber of Downey City Hall. It was so ordered to set the hearing on Appeal, Zone Variance No. 355, 8319-A & B, 8321-23 Vista Del Rio, for 7:30 p.m., January 29, 1985, in the Council Chamber of the Downey City Hall. ORAL COMMUNICATIONS - Items not on Agenda: None ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING ARTICLE VIII, SECTION 8202, OF THE DOWNEY MUNICIPAL CODE, RELATED TO MOVED BUILDINGS, TEMPORARY BUILDINGS, AND TEMPORARY STORAGE BUILDINGS The Ordinance was read by title only. It was moved by Councilman Santangelo and seconded by Councilwoman Boggs to waive further reading and to introduce. It was moved.by Councilman Davila, seconded by Councilman Santangelo, and passed by the following vote to amend the Ordinance in two places on Page 2, to read "three months" instead of "six months." Mr. Lennie Whittington, 8542 Manatee, commented on storage container trailers in the City and asked if the Ordinance will affect those containers. Mr. Newton replied yes, there is no .non -conforming use to an existing trailer. Mr. John Gonzalez, 12350 Orizaba, said he was under the impression large trash containers in the street require a permit. He has made numerous com- plaints to the City regarding the lack of permits on some of the dumpsters. AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb The Ordinance as amended was introduced by unanimous vote. ORDINANCE NO. 781 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 Santangelo, 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 said his "no" vote was only to adoption and not to the waiver of further reading. RESOLUTIONS RESOLUTION NO. 4513 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 BOTH SIDES OF MARBEL AVENUE N/O FIRESTONE BOULEVARD, AND RESCINDING RESOLUTION NO. 2545 Council Minutes 1/8/85 -9- The Resolution was read by title only. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by unanimous vote to waive further reading and to adopt. RESOLUTION NO. 4514 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY POLICE OFFICERS ASSOCIATION The Resolution was read by title only. It was moved by Councilman Davila, seconded by Councilman Santangelo, and passed by unanimous vote to waive further reading and to adopt. RESOLUTION NO. 4515 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CLASS SPECIFICATION FOR FIREFIGHTER The Resolution was read by title only. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by unanimous vote to waive further reading and to adopt. ADMINISTRATIVE REPORTS It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by unanimous vote to consider Change Orders No. 32-35 and 37-41 on Cash Contract No. 485, Civic Center Construction; a time extension to June 15, 1984, and the acceptance of improvements; withhold $25,000 from the retention moneys; and recommend same for acceptance by the Civic Center Corporation. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by unanimous vote to consider Change Orders No. 22, 23, and 24 on Cash Contract No. 491, Library Addition; withhold $2,500 to insure completion of remaining deficiency items; and recommend approval of same by the Civic Center Corporation. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by unanimous vote to consider Change Orders No. 4, 5, 6, 7, and 8 on Cash Contract No. 516, Civic Center Site Improvements; withhold $2,500 to insure completion of remaining deficiency items; and recommend approval of same by the Civic Center Corporation. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by unanimous vote to approve the Budget Calendar for 1985-36. It was moved by Councilman Cormack seconded by Councilwoman Boggs to defer any action on Special Event Liability. It was so ordered to refer Sign Code Enforcement to the Planning Commission for review at the January 16, 1985, meeting and report back to the Council on January 29, 1985. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and so ordered to continue the Sales Tax - Audit and Information Services to the January 29th meeting. Councilman Santangelo requested input that the annual cost for the firm providing a proposal for monitoring the sales tax activities would have possi- ble benefit to the City. He would also like to know the number of years the firm has been doing this, as well as an example of the services to be provided; a breakdown of the communities the firm has handled; and the amount of sales tax revenue the firm has corrected on their behalf. Formation of Citizens Charter Review Committee was continued to the next meeting. ORAL COMMUNICATIONS - Staff Members A Joint dinner meeting between the Council and Planning Commission will be established and announced at a later date. Council Minutes 1/8/85 -10- ?20 ORAL COMMUNICATIONS - Audience Mr. Lennie Whittington, 8542 Manatee, requested clarification of the announcement prior to the 6:30 closed session. Mr. Newton commented regarding the Subdivisions which by Code are required to be identified. ORAL COMMUNICATIONS - City Council Councilman Davila mentioned he made a motion that all the City's Boxing Equipment be donated to San Quintin, and it is his understanding a request was made to retain one of the weight machines. It was moved by Councilman Davila and seconded by Councilman Santangelo to advise staff to send the equipment to San Quintin. During discussion Mr. Jarrett explained the equipment is older than the boxing program. AYES: 4 Council Members: Davila, Santangelo, Boggs, Barb NOES: 1 Council Member: Cormack Councilman Davila commented regarding the manner in which he was treated when he recently contacted the Police Department and that the officer handling the call did not want to reveal his name. He feels there should be a policy whereby personnel should identify themselves when answering the phone. Mr. Ovrom said all incoming calls to the Police Department are recorded. He has left a copy.of the referenced call in the Council office for listening by each Council Member. His analysis is the officer was curt but it was at a time when there was a power outage and the City was receiving many calls. Councilwoman Boggs raised the question of whether a Council Member should expect to receive special treatment because he is on the Council or whether there is a guideline staff follows with all of the public. Discussion followed. Councilman Davila distributed copies of a newspaper article regarding plans of the IRS to tax some fringe benefits, which includes company vehicles. He suggested staff start making arrangements as soon as possible so they won't be caught short. Councilman Davila requested appointment of a staff member as liaison to the County project on Imperial Highway to keep the Council informed of its progress. Councilman Cormack commented on a SCAG proposal to study Florence Avenue and the possibility of constructing flyways over the intersections between the 605 and Long Beach Freeways, which he said would convert it into a freeway and completely destroy the merchants in that area. ADJOURNMENT: 12:15 a.m. o R e t L. Shand, City er - reasurer Kandall K. baro,ayo Council Minutes 1/8/85 -11- CORRECTION TO MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 8, 1985 The following should be added to the third page, tenth paragraph under the hearing on Appeal to Tentative Parcel Map No. 16715, 8355 Lexington Road, "Mr. Warren pointed out he was going to cut an eight -foot hole in the middle of the house." RobertL. Shand, nd,'CitClerk-Treasurer Correction to Council Minutes 1/8/85