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HomeMy WebLinkAboutMinutes-02-26-85-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 26, 1985 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Ord. #785, re Cable Television Adopted 2 Res. #4532, re Cable Television Franchise Adopted 2 Cable TV - Franchise Agreement & Acceptance of Terms & Conditions Approved 2 Res. #4533, Denying Apprvl. of Tentative Parcel Map #16715, 8355 Lexington Rd. Adopted 3 Appeal, Zone Change Case #214, 11720 Adenmoor Av. Direct staff to bring back Resol. of denial 3 Res. #4534, Apprvg. & Directing Publ, of a Housing Policies Report under Sec. 103A Adopted 5 1985 Season Lot Cleaning Program: Deny any protests & order work to be performed Approved 5 Removal of Items from Consent Calendar 5 Minutes: Spec. Called Mtg., February 11, 1985; Adj. Reg. Mtg., February 13, 1985; & Reg. Mtg., February 13, 1985 Approved 5 General Warrants: #003658 - 003865; #003877 - 003990 Approved 5 Police Reserve Officer Program: Endorse expansion Approved 5 DMC Amendment re Radio & Base Transmitting Stations & Towers Hrg, set for 3/12/85 5 DMC Amendment re Combined Service Stations & Convenience Markets Hrg. set for 3/12/85 5 SE Council on Alcoholism & Drug Problems - Lease Agreement: Auth. Mayor to sign Approved 5 Residential Garage Conversions: Refer to Planning Comm, re possible need for further studies re identifying garage conversions & further study of Residential Ppty. Rpt. Ord. Approved 5 Res. #4535, Prohibiting Parking Any Time W/s Little Lake Rd. adj. to Wilderness Park (S/o Florence Av.) Adopted 6 Res. #4536, Proposing to Annex into Ltg. Maint. Dist. AD 121 (Annex. 85/03) Phlox St. W/o Paramount B1. incl. Pruess Av. & Samoline Av. N/o Phlox St. Adopted 6 Res. #4537, Apprvg. Engr's. Rpt. for Addn, to Ltg. Maint. Dist. AD 121 of Annex. 85/03 - Phlox St. Adopted 6 Res. #4538, Decl. Int. to Annex into Ltg. Maint. Adopted; hrg. set Dist. AD 121 (Annex. 85/03, Phlox St.) for 3/26/85 6 Res. #4539, Auth. Subm. of Grant Appl. for Senior Shared Housing Program Adopted 6 Minutes: Adj. Reg. Mtg. of February 13, 1985; & Reg. Mtg. of February 13, 1985 Approved 6 Page 1 of 2 COUNCIL MINUTES, TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Senior Citizen Job Placement Service Tabled 6 Stop Sign Request - Rundell St. & Julius Av. Denied 7 Lennie Whittington re posting of meetings for Design Review Board Ref. to City Attorney 7 Ord. re Solicitors & Peddlers Introduced 7 Ord. #735 re Zone Change #203, 8312 Iowa Street: Refer to Planning Comm. for consideration of zone change back to original state Approved 7 Res. #4540, Est. Paramedic Subscription Program Adopted 8 Res. #4541, Transferring Allocation of Mortgage Subsidy Bonds to the Redevelopment Agency Adopted 9 Gen. Plan Amndmt. 84-2 & Zone Change #212, 8249- 51-53 Gardendale Av. Continued to 3/12/85 9 Financial Assistance for Signage Replacement Continued to 3/12/85 9 Outside Negotiator: Auth. C.M. to interview & select negotiator to represent City in collective bargaining w/employee groups that retain outside negotiator for upcoming meet & confer process Approved 9 Design of Park Projects: Auth. Dept. Public Works to enter into contract w/Musco to prepare performance plan & spec. for athletic field ltg. & Pub. Wks. to perform remaining necessary work for prep. of full plans & specs Approved 9 Lennie Whittington re Supreme Court ruling that all Municipalities must start paying overtime 10 Mr. Charles O'Hara req. waiver of $700 Theatre Ref. to Recreation & rental for Downey Symphony Community Svcs. Comm. 10 Cn. Santangelo re req. of Supervisor Hahn req. Council Members to send donations of Prop A Funds to County letters in opposition 11 Cn. Santangelo re safety hazard for students using crosswalk at West Middle School & inst. of flashing beacon Ref, to Dir. Pub. Wks. 11 Cn. Davila req. use of Prop A funds for bus shelters & trash containers 11 Cn. Davila re unclean area around Winston Tire on Firestone & Rives Ref. to Dir. Pub. Wks. 11 Cn. Cormack re status of letter req. removal of Police Chief to Bridge over Rio Hondo Channel send letter 11 Cn. Boggs suggested insurance committee to review & report back on City's reserves Referred to staff 11 Cn. Boggs req. Council inform Caltrans to be cooperative during const. on I-105 Freeway 11 Cn. Boggs complaint re parking of roofing tarpot at 8533 Boyson 11 Meeting adjourned to 6:30 p.m., in Council Chamber for closed session re personnel matters, pending litigation & property acquisition 11 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 26, 1985 The City Council of the City of Downey held a regular meeting at 7:48 p.m., 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 Scott Field, Assistant 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 John Wager, Housing Manager 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 Monsignor John Young, Our Lady of Perpetual Help. The Flag Salute was led by Councilman Davila. PRESENTATIONS: None HEARINGS Mayor Barb opened the hearing on Ordinance amending the Cable TV Franchise Agreement between the City of Downey and Rogers Cablesystems, Inc. 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 Santangelo, and so ordered to receive and file the Proof. Mr. Ovrom said Rogers Cablesystems will be presenting the Council with a $50,000 check and an executed Franchise Agreement. Mayor Barb inquired if the City Clerk had received any correspondence, and the response was no. Mayor Barb asked if anyone wished to speak in favor of the Ordinance. Mrs. Betty Kenley, 9028 Manzanar, President of League of Women Voters, said the League's experience with Rogers' community programming has found them to be helpful and conscientious, and she appreciates their knowledge and expertise. Mr. Grant Miller, 416 Vista Del Norte, Walnut, Public Relations Director for Downey Community Hospital, said he has worked closely with staff of Rogers Cablesystems on a weekly health program and found them to be capable and of the highest professional nature. The franchise could provide a valuable resource to the community. Mr. Knoll Thompson, 7431 No Street, Acting Director of Downey Museum of Art, said the Museum hopes to obtain funding from the access grants program. He complimented Rogers for carrying out its promises and providing assistance. There being no one else to speak in favor and no one to speak in opposi- tion, it was moved by Councilman Santangelo, seconded by Councilman Davila, and so ordered to close the hearing. Council Minutes 2/26/85 -1- %609 ORDINANCE NO. 785 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 7.1, 7.4, 7.5, 9.2, AND 15.2 OF ORDINANCE NO. 679 AND ADDING A NEW SECTION 5.10 TO ORDINANCE NO. 679, REGARDING CABLE TELEVISION 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. Mr. Bob LaTourette, Executive Vice -President and General Manager for Rogers Cablesystems of California, presented a check in the amount of $50,000 and two signed copies of the Franchise Agreement and Acceptance. Councilman Santangelo pointed out that the negotiations did not include giving up $250,000 to Rogers Cable but allows Rogers to provide necessary services rather than the City, and he hopes the media will make this clear to the public. AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb RESOLUTION NO. 4532 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RELATING TO ITS CABLE TELEVISION FRANCHISE 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. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by unanimous vote to approve the Franchise Agreement and Acceptance of Terms and Conditions. Mayor Barb opened the hearing on Appeal to Tentative Parcel Map No. 16715, 8355 Lexington Road, which was continued from the Council Meeting of January 8, 1985. Councilman Santangelo explained that for reasons previously stated, he will abstain from this matter. He was then excused from the meeting. Mayor Barb inquired if the City Clerk had received any further correspondence. Mr. Shand replied a letter of inquiry was received from the applicant's attorney requesting the City Clerk to sign over the Tentative Parcel Map, which was referred to the City Attorney for response. Mr. Newton said a letter was received from Mr. Gillespie, on behalf of the applicant, requesting that the City Clerk certify the project as approved. He responded to the letter stating that in his opinion the City Clerk was not able to certify to the matter as approved because grounds did not exist for the approval. A subsequent letter was received presenting an additional argument, which he responded to in disagreement to that position. The matter is still before the City Council for disposition. Mayor Barb asked for any further comments from the appellant, and Mr. Warren indicated he had none. It was moved by Councilman Cormack, seconded by Councilman Davila, and so ordered to close the hearing. Mayor Barb noted during the first portion of the hearing Mr. Warren indicated that if this is not the direction the City is going then he would not want to go this way either. He asked if Mr. Warren wished to withdraw the matter before the Council takes the recommended action, and Mr. Warren said he had no comments. Council Minutes 2/26/85 -2- RESOLUTION NO. 4533 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING APPROVAL OF TENTATIVE PARCEL MAP NO. 16715 The Resolution was read by title only. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Davila, Boggs, Cormack, Barb ABSENT: 1 Council Member: Santangelo. Councilman Santangelo returned to the meeting. Mayor Barb opened the hearing on Appeal to. Zone Change Case No. 214, 11720 Adenmoor Aveue. He inquired if the City Clerk had the Proof of Publica- tion, and the response was yes. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and so ordered to receive and file the Proof. Mr. Cutts reported on the request to change the zone from R1-5000 to R-2 (Two -Family Residential) and said the properties on the north, south and west are zoned single family residential, with the property to the east zoned R-3. He commented on a previous request of the applicant for R-3 zoning which was denied by the Planning Commission because of inadequate water service and underwidth street and subsequently appealed to the Council and denied. The request is now for an R-2 zone, and although it is consistent with the land use portion of the General Plan, the Commission denied it due to inadequate water supply and underwidth street. Mayor Barb inquired if the City Clerk had received any correspondence, and the response was no. Mayor Barb asked the applicant to come forward and present his case. Mr. Emmanuel John Damoulakis, 11720 Adenmoor, commented on apartment development and R-3 zoning on Adenmoor and said to the south of his property there is development of three units on property smaller than his. Adenmoor has 37 lots, and there are 61 houses or units on the block. His house is 733 square feet, which he proposes to demolish and build two units. The street is 30 feet wide, and he has a 10 foot easement on his property. He has checked into increasing the water pressure and was told he can either add a new line or put in a fire hydrant. Councilman Santangelo pointed out the development of Adenmoor is not consistent R-1 zoning, which does not concur with the map presented in the staff report. He suggested that future maps depict how many units are on a lot. Also, he can understand someone wanting to take down an older structure and build two new units as a duplex in keeping with a majority of the rest of the block because that is what is happening on that street. Also, the appli- cant is willing to correct the water pressure problem. (inaudible) 11617 Adenmoor, spoke in favor of the zone change because the property owner will place two new houses on the lot. He has one house on his property with two units on the back. When asked if he is related to the applicant, he replied yes. There being no one else to speak in favor, Mayor Barb asked if anyone wished to speak in opposition. Ruby Presley, 11714 Adenmoor, next door to the applicant, said on her side of the street there are 16 singles and four lots with more. She said they do not want anymore apartments, and she read read a petition that was previously presented on this matter protesting the requested zone change. People on Adenmoor present in the audience raised their hands in opposition to the request. Mr. George Dornis, 11715 Adenmoor, commented on the single family development in the area and said with the already bad traffic he would hate to see more people living on the street. Council Minutes 2/26/85 -3- %v Ruby Dornis, 11715 Adenmoor, discussed the congested traffic on the street and said with apartments it will get worse. Josie Sterling, 11723 Adenmoor, said her lot is larger than the appli- cant's, and she protests for the reasons previously stated. There being no one else to speak in opposition, rebuttal time was granted to the applicant. Mr. Damoulakis said his house is over 40 years old and has 733 square feet, and people are opposed to him improving his property. Since he has a 10 foot easement on his property, he assumes at some time in the future the street will be widened, which will alleviate any congestion that will arise He does not believe there will be more congestion is he builds another house on his property. It was moved by Councilman Davila and seconded by Councilman Santangelo to close the hearing. Councilwoman Boggs indicated that people purchasing their property as R-1 have a right to expect the zoning to remain that way. However, there are large lots and a trend going toward utilizing the lots differently. At her request, Mrs. Presley loaned her a copy of the petition. Councilman Cormack favors staying with the denial approved by the Planning Commission and to keep the area as much R-1 as possible. Councilman Davila said this involves an older structure and he would like to see it renovated or a new structure built to improve the neighborhood. He noted that last year the General Plan was studied and areas were changed back to R-1, and this street is not wide enough to accommodate extra traffic. He will have to go along with the Planning Commission. Councilman Santangelo said a majority of property in the area is developed with duplexes, triplexes or R-3. He would be opposed to more than two units on the property but feels building two new homes would be an improvement to the neighborhood. Mr. Ralph responded to questions regarding improvements that could be made to the water line. Mayor Barb said the property is completely surrounded by people who live in single family dwellings, and he feels the City needs to have owner -occupied units --it does not need more rental units. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and pased by the following vote to direct staff to bring back a resolution denying the zone change. AYES: 4 Council Members: Davila, Boggs, Cormack, Barb NOES: 1 Council Member: Santangelo Mayor Barb opened the hearing on Revised Housing Policies Report. He asked if the City Clerk had the Proof of Publication. The response was yes. It was moved by Councilman Cormack, seconded by Councilman Davila, and so ordered to receive and file the Proof. There was no correspondence received. There being no one present to speak to the Revised Housing Policies Report, it was moved by Councilman Santangelo, seconded by Councilman Cormack, and so ordered to close the hearing. RESOLUTION NO. 4534 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, APPROVING AND DIRECTING PUBLICATION OF A HOUSING POLICIES REPORT UNDER SECTION 103A Council Minutes 2/26/85 -4- 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. Councilwoman Boggs requested the Planning Commission to look at updating the City's policies for the future. Mr. Cutts said the policies are taken from the City's General Plan, and staff is getting ready to study the Plan. AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb Mayor Barb opened the hearing on 1985 Season Lot Cleaning Program. He inquired if the City Clerk had the Affidavit of Mailing, and the response was yes. It was moved by Councilman Davila, seconded by Councilman Cormack, and so ordered to receive and file the Affidavit. Mayor Barb inquired if the City Clerk had received any written protests, and the response was no. There being no one present to speak in protest, it was moved by Councilwoman Boggs, seconded by Councilman Davila, and so ordered to close the hearing. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by unanimous vote to deny any protests and order the work to be performed in accordance with City Ordinance and State Law. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-A, Minutes of Joint Meeting between Council and Planning Commission of February 11, 1985, was removed at the request of the City Clerk, to be presented for approval at the next meeting. Agenda Items VIII-A, Minutes of Adjourned and Regular Meetings of February 13, 1985; and VIII-F-5, Status of Senior Job Placement Program, were removed at the request of Councilman Davila. Agenda Item VIII-F-7, Stop Sign Request at Rundell and Julius, was removed at the request of Councilman Cormack. 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: Special Called Meeting, February 11, 1985; Adjourned Regular Meeting of February 13, 1985; and Regular Meeting of February 13, 1985. General Warrants: #F003658 - 003865; 1003877 - 003990: $1,109,796.00. Police Reserve Officer Program: Endorse expansion. Downey Municipal Code Amendment, Section 9136.28 - Radio and Base Trans- mitting Stations and Towers: Hearing set for 7:30 p.m., March 12, 1985, in the Council Chamber of Downey City Hall. Downey Municipal Code Amendment, Section 9146.20 - Combined Service Stations and Convenience Markets: Hearing set for 7:30 p.m., March 12, 1985, in the Council Chamber of Downey City Hall. Southeast Council on Alcoholism and Drug Problems - Lease Agreement: Authorize Mayor to sign. Residential Garage Conversions: Refer to Planning Commission with regard to possible need for further studies related to identifying garage con- versions; and furtherstudy of a Residential Property Report Ordinance. Council Minutes 2/26/85 -5- ?6'73 RESOLUTION NO. 4535 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING PARKING AT ANY TIME (TOW AWAY ZONE) ON THE WEST SIDE OF LITTLE LAKE ROAD ADJACENT TO WILDERNESS PARK (S/O FLORENCE AVENUE) RESOLUTION NO. 4536 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 A FILE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (ANNEXATION 85/03) PHLOX STREET WEST OF PARAMOUNT BOULEVARD INCLUDING PRUESS AVENUE AND SAMOLINE AVENUE NORTH OF PHLOX STREET RESOLUTION NO. 4537 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 85/03 - PHLOX STREET WEST OF PARAMOUNT BOULEVARD INCLUDING PRUESS AVENUE AND SAMOLINE AVENUE NORTH OF PHLOX STREET RESOLUTION NO. 4538 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 85/03 - PHLOX STREET WEST OF PARAMOUNT BOULEVARD INCLUDING PRUESS AVENUE AND SAMOLINE AVENUE NORTH OF PHLOX STREET (sets the hearing for March 26, 1985) RESOLUTION NO. 4539 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION FOR THE SENIOR SHARED HOUSING PROGRAM AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb Mayor Barb declared a recess from 8:50 p.m. to 9:02 p.m. The meeting resumed with all Council Members present. Minutes: Adjourned Regular Meeting of Februry 13, 1985; and Regular Meeting of February 13, 1985 Councilman Davila indicated he will abstain from voting because he was not present at the meeting. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to approve the Minutes. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb ABSTAIN: 1 Council Member: Davila . It was moved by Councilman Davila, seconded by Councilman Santangelo, and passed by the following vote to table the Senior Citizen Job Placement Service. AYES: 4 Council Members: Davila, Santangelo, Boggs, Barb NOES: 1 Council Member: Cormack Councilman Cormack said this program has been discussed for five years, and the report is a reminder that something is being done. To place it on the table does not make sense. Councilman Davila wants to see action in reports. Council Minutes 2/26/85 It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by unanimous vote to deny the Stop Sign Request - Rundell Street and Julius Avenue. ORAL COMMUNICATIONS - Items not on Agenda Mr. Lennie Whittington, 8542 Manatee, indicated it was his understanding all meetings of boards and commissions are to be in public, and he specifi- cally referred to the Design Review Board which is being held this evening and there was no public notice posted. Mr. Cutts explained the last meeting of the Board was adjourned to a work shop session. Mr. Newton said he will review the requirements. ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE IV, CHAPTER 5, BY ADDING SECTION 4521 RELATING TO SOLICITORS AND PEDDLERS 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 introduce. Councilman Santangelo inquired regarding the possibility of including commercial properties. Mr. Newton said there is a precedent by way of a court decision approving an ordinance of this kind, and there is an interest on the part of society in protecting residents from intrusion. However, with a business, there is an implied invitation to solicitors and persons who expect to do business at that location, and he doubts that an ordinance extending this kind of protection to commercial would stand up in court. Councilman Cormack suggested imposing the business licenses requirement. AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb Ordinance No. 735 regarding Zone Change Case No. 203 - 8312 Iowa Street Councilman Davila played a tape recording of an emergency vehicle siren and said it does not make sense to having an ambulance business next to the location where it is proposed. It was moved by Councilman Davila, seconded by Councilman Santangelo, and passed by the following vote that the Ordinance be referred to the Planning Commission for consideration of a zone change back to its original state. Councilwoman Boggs said this particular piece of property is going to be housing a business that may not be as active in the future as was anticipated. She is not in favor of bringing matters back when they have been settled but would be interested in taking another look at this property. Councilman Cormack explained when this was discussed, the point was strongly made the ambulance would not be leaving from that direction and going to the hospital, but would be going out to Paramount. Mayor Barb questioned the need to bring this back when a decision has already been made. He pointed out the area is zoned for redevelopment, is across the street from manufacturing, and is not an integral residential area of the City. The Council gave this careful consideration and made a wise decision. The property owner purchased the property based on that decision. Councilman Davila said he hears sirens constantly on Paramount Boulevard from Station One, which is why he wants a signal for that location placed in the Budget. He continuously receives complaints regarding the sirens. The ambulance business could remain on firestone where it does not bother anyone, but at the Iowa Street location there are a number of residents in the area who objected to it. Council Minutes 2/26/85 -7- )6�s Mr. Newton was asked what the effect of this action might be, and he replied that anyone either holds or buys property subject to Zoning Ordinances of the City, which are not permanent in nature --they can be amended, and if a use is established during a time when it is permitted under the Zoning Ordinance and the Ordinance is, later changed, the use would be non- conforming. Councilman Davila said he was informed the ambulance use would not be permitted without a conditional use permit. Mr. Lennie Whittington, 8542 Manatee, said when the Planning Commission discussed this issue, it wanted to place a restriction on when and where Adams Ambulance could turn on its siren, and the City Attorney ruled that such a restriction could not be imposed. He also commented on Adams' negotiations to purchase the subject property since 1983 and said all of the residents on Iowa, Davis, Texas, and Dolan Streets signed a petition in protest to any ambulance service at the subject location. Councilwoman Boggs feels this action may be establishing a precedent that could have have negative ramifications. Mr. Newton noted a conditional use permit is required for ambulance service. Councilman Santangelo cannot conceive why Adams Ambulance would want to create problems for a residential area, and he understands escrow has not closed on the property. There are senior citizens and a mental health facility in buildings adjacent to the subject location, and he cannot under- stand allowing an ambulance service without imposing conditions to not disrupt the neighborhood. Mr. Jerald Jorgensen, President of Adams Ambulance Service, 8633 California Avenue, South Gate, commented on the traffic hazards he feels Adams is creating at its current location on Firestone Boulevard and noted attempts are made to stay centrally located, close enough to the hospital, and be aware of citizens' needs for privacy and quietness of their neighborhood. They have tried to get as close to Downey Avenue as possible and stay within the appro- priate zoning. It has taken over a year to get the seller to agree to terms and conditions of the escrow. Councilman Santangelo pointed out Downey Avenue has apartments and duplexes and cannot be considered a commercial area. Mr. Jorgensen commented on the current location and noted that during siren unless absolutely necessary. traffic problems they have at their the evening hours they do not use the Responding to questions, Mr. Newton said it is possible if a CUP applica- tion is approved prior to the zone change becoming effective, a non -conforming use would exist, and the change of zone would not prohibit the use. AYES: 3 Council Members: Davila, Santangelo, Boggs NOES: 2 Council Members: Cormack, Barb RESOLUTIONS RESOLUTION NO. 4540 A RESOLUTION OF THE CITY COUNCCIL OF THE CITY OF DOWNEY ESTABLISHING A PARAMEDIC SUBSCRIPTION PROGRAM The Resolution was read by title only. Councilman Davila said he has listened to the tape of the last meeting, and he is completely satisfied with the service provided by Santa Fe Springs. This will cost the taxpayers a fortune, but if a move was made there could be a savings with Aids' proposal. He does not feel the time is right for a second Paramedic service. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to waive further reading and to adopt. Council Minutes 2/26/85 -8- Councilwoman Boggs stated people in the City are happy with the Paramedic service the Downey Fire Department has provided, and they want Downey Firemen to serve that function. She noted that one of the most important services the City gives its.citizens is a chance at life, and the second Paramedic unit is warranted based on the City's population. She feels people will be happy to have the service better distributed throughout the community. Councilman Cormack said it will be an outstanding program with the City actually providing transportation and rescue. Councilman Santangelo believes the City's Fire personnel would be the most desirable way to go. He has discussed this further with Chief Davis regarding the costs involved, and going with the City Paramedic service would be a savings. Mayor Barb supported the Chief and his proposal. Councilman Davila does not feel a subscription service would be beneficial. But if this is passed he would like to see everyone charged equally on the water bill. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila RESOLUTION NO. 4541 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY TRANSFERRING ITS ALLOCATION OF MORTGAGE SUBSIDY BONDS TO THE REDEVELOPMENT AGENCY The Resolution was read by title only. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by unanimous vote to waive further reading and to adopt. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and so ordered to continue General Plan Amendment 84-2 and Zone Change Case No. 212, 8249-51-53 Gardendale Avenue to the meeting of March 12, 1985. ADMINISTRATIVE REPORTS It was moved by Councilman Santangelo and so ordered to continue the Financial Assistance for Signage Replacement to the meeting of March 12, 1985. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by unanimous vote to authorize the City Manager to interview and select an Outside Negotiator to represent the City in collective bargaining discussions with employee groups that retain an outside negotiator for the upcoming meet and confer process. Design of Park Projects Mr. Ralph mentioned at the last meeting, the Council indicated the work should be done in-house. After meeting with Councilman Santangelo, it was decided to using specific consultants in areas of expertise where the City does not have licenses, such as structural or electrical engineers. He responded to questions regarding costs to the City if an engineer was hired to work on lighting. It was moved by Councilman Santangelo, seconded by Councilman Davila, and — passed by the following vote to authorize the Department of Public works to enter into a contract with Musco for preparation of a performance plan and specification for installation of athletic field lighting systems at Golden Park, Independence Park, Columbus Sport facility and Rio San Gabriel Park at a cost of $13,350 and instruct the Department of Public Works to perform the remaining necessary work for preparation of full plans and specifications. During discussion, Mr. Ralph explained staff would be putting off other work. It is believed staff at this time can complete this project, lighting only, and sufficient FAU projects so the City will not lose any money. The City would have to hire additional people to meet future commitments. He commented on the continual work that goes on into the next fiscal year, and said if that work is held up the City may lose funds. Council Minutes 2/26/85 -9- 20 l Further discussion ensued. Mr. Ralph commented regarding the work being done by Kobata & Associates on the Firestone/Lakewood project. When Council Members inquired regarding the projects that would be held up, he indicated that approximately four or five projects could be held up one -to -two months. AYES: 3 Council Members: Davila, Santangelo, Boggs NOES: 2 Council Members: Cormack, Barb ORAL COMMUNICATIONS - Staff Members: None ORAL COMMUNICATIONS - Audience Mr. Lennie Whittington, 8542 Manatee, mentioned a Supreme Court ruling that all Municipalities in the United States must start paying overtime. Mr. Charles O'Hara, 10927 South Downey Avenue, Treasurer of the Downey Symphony, commented on lack of funding for the Downey Symphony. The budget cost per concert is approximately $7,000, and the grants they formerly received are no longer available. About 80 percent of the funding comes from individuals in the community, and that portion provided by businesses through advertising compensates for the programs and the cost of printing. He requested the Council to consider alleviating the $700 rental for the Theatre or provide a grant to the Symphony. Mayor Barb mentioned he responded to the letter he received on this matter informing the Symphony it has been the Council's policy not to waive fees but that he has referred it to the Council and Mr. Jarrett to report on what the costs are and what is involved for waiving fees. Councilman Santangelo inquired about the possibility of the Symphony charging for its performances or selling more ads in the program. Mr. O'Hara replied that some members are union and others are not, and if they charged for a performance, the union would step in and they would not be able to afford personnel to provide a concert. He noted advertising costs have gone up three -fold. Councilman Davila suggested this organization be considered for social service funding, and he would like staff to make a study and recommend changing the policy on donations. Councilman Cormack said he has been informed the Symphony is excluding Downey musicians and that it is no longer a Downey symphony. Mr. O'Hara responded there are musicians from the outside area which are through the union. He does not feel there are enough musicians in the City to totally staff the Symphony. The programs contain an invitation for people to join the Symphony. Counclman Cormack feels the Symphony should be comprised of more than half of Downey residents. Councilwoman Boggs would like to explore further the possibility of charging admission. She would like to defer this matter until a later time. Referred to the Recreation & Community Services Commission. ORAL COMMUNICATIONS - City Council Councilman Santangelo commented on receipt of a letter from Supervisor Hahn requesting donations of Proposition A Funds to the County. Mayor Barb indicated he had responded personally and suggested the other Council Members do the same. Mayor Barb said he received letters from constituents opposing the request of Supervisor Hahn. Councilman Santangelo mentioned he received a letter about the safety hazard for students using the crosswalk at West Middle School, and that a flashing beacon was approved a year ago but nothing has happened. Council Minutes 2/26/85 -10- %6 g Mr. Ralph said a temporary flashing beacon was installed, but he is not sure whether it.is still there. He will check into it. Mayor Barb said he also received the letter and informed the sender he will refer it to the Council and Traffic Engineer. In the future he will make notations on copies of correspondence he transmits to the Council Members for information so they will know what has transpired. Councilman Davila favors use of Proposition A funds for bus shelters and trash containers. He noted receipt of correspondence from Mr. Ralph regarding a study being undertaken in Huntington Park. Mr. Ralph said advertising was being provided on the bus shelters and trash containers, and he wasn't sure the Council would want advertising on this type of facility. Four Council Members replied no. Mayor Barb suggested hiring a part-time employee to clean the bus stops and be paid from Prop A funds. Councilman Davila referred to his previous complaint concerning the unclean condition of property at Winston Tire on Rives and Firestone. The back portion of the business was remodeled, but no permit has been taken out to remodel or clean up the the front portion. Mr. Ralph said he will check it out. Councilman Cormack asked if a letter had been sent out requesting Removal of the Bridge over the Rio Hondo Channel. Captain Stone said the Police Chief would be sending the letter out. Councilwoman Boggs suggested the possibility of an insurance committee comprised of insurance experts in the City to review and report back on the City's reserves. Councilman Cormack said the City is involved in a Risk Management program with other cities. Mayor Barb requested an update on the City's insurance program. Councilwoman Boggs mentioned work has commenced on the Freeway Corridor, and she requested the Council to inform Caltrans to be cooperative while working in the I-105 Freeway area. Caltrans' should not travel on streets where they do not belong. Councilman Cormack mentioned contractors that come into the City do not place barriers at construction sites, and that a child fell into a manhole because it was open. Councilwoman Boggs cited a complaint about the parking of a roofing tarpot on the street at 8533 Boyson. ADJOURNMENT: 10:38 p.m. The meeting was adjourned to 6:30 p.m., March 12, 1985, in the Council Chamber of Downey City Hall, for closed session to di s personnel matters, pending litigation, and property acquisition. lam/ Robert L. Shand, City -Clerk -Treasurer Randall . Barb, Mayor Council Minutes 2/26/85 -11- ADDENDUM TO MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 26, 1985 The following should be added to the page 8 after the seventh paragraph under Ordinance 735 regarding Zone Change Case No. 203 - 8312 Iowa Street "Councilwoman Boggs asked Mr property, and he replied no." Jorgensen if escrow had closed on the I Robert L. Shand, City Clerk -Treasurer Addendum to Council Minutes 2/26/85