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HomeMy WebLinkAboutMinutes-03-12-85-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 12, 1985 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Proclamation re March 23, 1985, as Camp Fire Week 1 Hearing on Proposed DMC Amendment re Satellite Dish Antennas Cont'd. to 3/26 1 Ord. on Proposed Code Amendment re Gasoline Hrg set for 3/26 to Service Stations & Convenient Mini -Marts incl. free facilities 2 Removal of Items from Consent Calendar 3 Minutes: Adj. Reg. Mtg., Feb. 11, 1985 (Joint Mtg. w/Planning Comm.); Spec. Called Mtg., Feb. 26, 1985; & Adj. Reg. Mtg., Feb. 26, 1985 Approved 4 General Warrants: #003866 - 004306 Approved 4 1983-84 Annual Financial Report Received & filed 4 DMC Amendment re Withdrawal of Applications & Appeals Hearing set for 3/26 4 Financial Assistance for Sign Replacement Continued 4 Res. #4543, Apprvg. Final Subdiv. Map of Parcel Map #15904 (13033 Paramount) Adopted 4 Res. #4544, Transferring Allocation of Mortgage Subsidy Bonds to Covina -Rancho Cucamonga -Calexico - Downey Housing Finance Agency Adopted 4 Report on Self -Insured Liability Program Received 4 Minutes: Reg. Mtg., Feb. 26, 1985 Approved as amended 4 Bus Stop Maint. & Clean-up: Appropriation for labor, materials & equipmt. Approved 5 Res. #4545, Rescinding Res. #4347 & Establishing Policy for Destruction of Certain Obsolete Adopted; Item "p" to be Records (Police Dept.) brought back next mtg. 5 Res. Apprvg. Administrative Regulation re Ref. to City Mgr. to Emergencies confer w/staff members 6 Res. #4546, amending Class Spec for Firefighter Adopted 6 Lennie Whittington re closed session announcmts. 6 Ord. re Solicitors & Peddlers Ref. to City Atty. & staff f/redrafting 7 Ord. re Fireworks Sales Permits Introduced 8 Res. #4547, Est. procedure for Applications for & Award of Fireworks Sales Permits Adopted 8 Ord. re Seismic Regulations Introduced 8 Ord. re Zone Change #212 (8249-51-53 Gardendale) Introduced 8 Res. #4548, Denying Req. to amend Comp. Zoning Map (11720 Adenmoor Av.) Adopted 9 Page 1 of 3 COUNCIL MINUTES, MARCH 12, 1985 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #4549, Apprvg. Joint Powers Agreement bet. Cities of E1 Monte & Downey Creating the E1 Monte -Downey Housing Finance Agency Adopted 9 Joint Powers Auth. of E1 Monte -Downey Housing Finance Agency: Apptmt. of Council Members Santangelo & Cormack as delegates and Davila & Boggs as alternates Approved 9 Res. #4542, Commending Judge Leon Emerson on his Retirement Adopted 9 School Safety Beacons on Old River School Rd. adj. to West Middle School: Amend 1984-85 Budget & direct staff to immediately install mast -arm school pedestrian safety beacons for the School Approved 9 SS Proj. #324/350 (FAU), Imperial Hwy. from Coldbrook Av. to San Gabriel River Bridge: Contin- gent on Caltrans' approval, award contract to Vernon Paving; appropriation & transfer of funds Approved 9 Federal Flood Insurance Program: Instruct Dept. Pub. Wks, to prepare letter that City desires to enter program on voluntary basis Approved 9 Downey Cemetery Dist. Auth. Dir. Pub. Wks. to loan occasional labor & bill Cemetery for costs Approved 10 Lennie Whittington re elderly woman walked into glass wall of Council Chamber & broke glasses 10 Cn. Santangelo recommended 20-minute No Parking Zone at Downey Theatre 10 Mayor Barb cited need to sweep street next to Downey Theatre 10 Moratorium on inst. of Solar Panels on front of City Atty. to prepare residential property Ord. f/next mtg. 10 Cn. Davila req, fire signal on Paramount B1. be incl. in 1985-86 Budget & completed before 12/85 10 Cn. Davila req. time element on Orange St. improvements 10 Cn. Davila re bidding procedure for City vehicles 10 Cn. Santangelo questioned contracting for services outside City 10 Cn. Davila re Secretaries should be informed of Department Heads' whereabouts 10 Cn. Davila suggested five member Citizens Complaint Comission 11 Cn. Cormack re status of Rio Hondo Bridge removal 11 Cn. Cormack re dangerous condition created by bicycle traffic on Suva Street bridge 11 Zone Variance #372, 12842 Gneiss Council to hear case as an appeal 11 Page 2 of 3 COUNCIL MINUTES, MARCH 12, 1985 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cn. Boggs req. study on use of Prop A Funds incl. possible joint venture w/School Dist. re use of school buses 11 Cn. Boggs requested review of leash problem at Downey High School 11 Cn. Santangelo re policy of outside baseball teams coming into City 11 Cn. Boggs re status of report on in-house City Attorney 12 Mayor Barb compliments Department Heads & City Clerk 12 Meeting adjourned to 8:00 a.m., March 15, for breakfast meeting w/Assemblyman Grisham 12 Page 3 of 3 % F.1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 12, 1985 The City Council of the City of Downey held a regular meeting at 7:39 p.m., March 12, 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 William Gilland, Building Official 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 Reverend Edward Ullrich, Moravian Church of of Downey. The Flag Salute was led by the Sunshine Group Camp Fire Club from the Carpenter School PRESENTATIONS Mayor Barb presented a Proclamation declaring March 23, 1985, as Camp Fire Week to the Sunshine Group of the Camp Fire Club from Carpenter School. The Sunshine group presented candy to the City Council. HEARINGS Mayor Barb opened the hearing on Proposed Amendment to Downey Municipal Code regarding Satellite Dish Antennas. 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 stated this matter was referred to the Planning Commission, who conducted hearings and took considerable testimony. The proposed Ordinance says satellite dish antennas are to be reviewed and approved by the City Planner subject to certain development standards. Mayor Barb asked if the City Clerk had received any correspondence. Mr. Shand replied a letter was received from Mr. Joel Lubin opposing the Ordinance and requesting action on this matter be withheld. It was moved by Councilman Santangelo, seconded by Councilman Davila, and so ordered to receive and file the correspondence. Mayor Barb inquired if there was anyone present to speak to the proposed amendment. Leon Emerson, 7607 Yankey, representing the Downey Amateur Radio Club, said they have reviewed the Ordinance, feel it is fair, and they can adhere to it. The Planning Division has done a wonderful job in its research and engineering evaluation of this matter. Council Minutes 3/12/85 -1- r It was moved by Councilman Davila and seconded by Councilwoman Boggs to continue the hearing to 7:30 p.m., March 26, 1985, in the Council Chamber of the Downey City Hall, to allow Mr. Lubin the opportunity to speak to the issue. Councilwoman Boggs also indicated she has received two requests from one person requesting it be continued for two weeks and another person requesting it be referred back to the Planning Commission. Mayor Barb opened the hearing on Proposed Amendment to Downey Municipal Code pertaining to Gasoline Service Stations and Convenient Mini -Marts. He asked if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Davila, seconded by Councilman Santangelo, and so ordered to receive and file the Proof. Mr. Cutts said in November the Council adopted an Ordinance pertaining to gasoline service stations/convenience markets and that they provide air, water, and windshield wiping materials. At that time, the Council referred a portion of the matter back to the Commission for study as to whether these items should be provided for free. The Commission has conducted hearings and concluded that in addition to placing these requirements on a mini -mart operation the require- ment should also be placed on full -service gasoline stations to provid these services at no charge to the consumers. Mayor Barb inquired if the City Clerk had received any correspondence, and the response was no. Mayor Barb then asked if anyone wished to speak to the proposed Amendment. Mr. Darrell Fay, 12739 Lakewood Boulevard, representing an oil company headquartered in Downey, explained that the cost to maintain the equipment for providing air and water to the public has become very expensive due to constant problems with vandalism. He cited the costs for replacing certain parts. He emphasized the service station organizations are not interested in providing equipment for air and water to make money but that they be allowed to offset the cost of maintaining the equipment by requiring a small charge. Responding to a question, he said the procedure used by the industry at the present time is an air vending machine, which is a 25 cent charge that allows anywhere from 3-1/2- to-5 minutes of air time. Members of the Council expressed concern that five minutes is sufficient time to fill tires with air. Also, suggestions were made to adjust the prices of gasoline to compensate for any maintenance costs to the equipment. Mr. Fay does not feel anyone would want to see the costs of maintaining the equipment passed onto the cost of gasoline. When asked if restrooms are pro- vided for customers at no charge, he replied yes in most cases except in neighborhoods where they have to be closed for security reasons. Councilman Cormack said restrooms should be added to the Ordinance. Mr. Wayne Rogers, owner of Mass Air Inc., representing the Southern California portion of Air Vent, a coin -operated air vending machine, cited the costs for repair of hoses and trucks and said if the price of gasoline is raised in order to provide free air, then it is not free air. Some stations charge for air while others do not, and this gives an individual a choice. Jan Tannyhill, 11919 Pomering Road, suggested this might be difficult to enforce and said the best enforcer is the consumer, who can turn his back and go to someone else if he so choses. Lennie Whittington, 8542 Manatee, mentioned he conducted a survey of self- service stations in Downey, and over 50 percent do not offer restrooms. Also, some stations charge for restrooms, as well as air for tires. There being no one else wishing to speak, it was moved by Councilman Santangelo, seconded by Councilman Davila, and so ordered to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 9146 OF THE DOWNEY MUNICIPAL CODE, (CHAPTER 1, ARTICLE IX) RELATING TO GASOLINE SERVICE STATIONS AND COMBINED GASOLINE SERVICE STATION/CONVENIENCE MARKETS Council Minutes 3/12/85 -2- � 6 0 The Ordinance was read by title only. It was moved by Councilman Santangelo and seconded by Councilman Cormack to waive further reading and to introduce. Councilwoman Boggs would like to see gas stations provide free air, water and restrooms, and she expressed concern that the Council should tell a business person what he must supply free to the public. It was moved by Councilman Cormack and seconded by Councilman Davila to amend the Ordinance by adding "and restroom facilities." Mr. Newton stated this change would be beyond the scope of the current amendment since there is no current provision for restrooms to be provided and this was not discussed in hearing before the Planning Commission. Councilman Cormack cited the need for restrooms in the City's service stations. Councilman Davila withdrew his second to the motion. It was moved by Councilman Cormack and seconded by Councilwoman Boggs to send the Ordinance back to the Planning Comission to have it changed to include restrooms. During discussion, Councilman Cormack mentioned there have been complaints about the lack of restroom facilities and something should be done. Mr. Cutts said during the hearing, the Planning Commission did discuss whether restrooms should be included, and it was the Commission's decision to not include that in the recommendation. Mr. Newton said if the Commission did discuss it and held a hearing on it, then if the Council wishes, it can propose an amendment to this Ordinance to add restrooms and set the matter for a new hearing before the Council so that anyone objecting to that aspect of the Ordinance would have an opportunity to voice their objections. It was moved by Councilman Cormack and seconded by Councilman Davila to set a hearing on the Ordinance with the amendment for free restroom facilities, water, and air, and to conduct another hearing at 7:30 p.m., March 26, 1985, in the Council Chamber of the Downey City Hall. Questions were raised on how this would affect current service stations that do not have restroom facilities and whether they would mean have to open their employee restrooms to the public. Mr. Newton replied they would be a non -conforming use because these are development standards required to be included, and restrooms fall into a different category than air and water, since air and water are required by State law. A combination of the State law requirement and City law means it would be effective immediately. Further discussion ensued. The motion to set the hearing was so ordered. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Items VIII-A, Minutes of Regular Meeting of February 26, 1985; and VIII-G-2, Administrative Regulations for Emergency Procedures, were removed at the request of Councilwoman Boggs. Agenda Items VIII-F-2, Self -Insured Liability Insurance Program; and VIII-G-1, Policy for Destruction of Certain Obsolete Records, were removed at the request of Councilman Santangelo. Agenda Items VIII-G-5, Amendment to Firefighter Specifications; VIII-F-3, Cleaning/Maintaining Bus Stops; were removed at the request of Councilman Davila. Council Minutes 3/12/85 -3- y/C CONSENT CALENDAR It was moved by Cormack, seconded by Councilman Santangelo, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Adjourned Regular Meeting, February 11, 1985 (Joint Meeting with Planning Commission); Special Called Meeting, February 26, 1985; and Adjourned Regular Meeting of February 26, 1985. General Warrants: #003866 - 004306: $998,838.73. 1983-84 Annual Financial Report: Receive and file. Amendment to Downey Municipal Code Sections 9160.14, 9164.10 and 9170.08 regarding Withdrawal of Applications and Appeals: Hearing set for 7:30 p.m., March 26, 1985, in the Council Chamber of Downey City Hall. Financial Assistance for Sign Replacement: Continued. RESOLUTION NO. 4543 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 15904 (13033 PARAMOUNT BOULEVARD) RESOLUTION NO. 4544 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY TRANSFERRING ITS ALLOCATION OF MORTGAGE SUBSIDY BONDS TO THE COVINA - RANCHO CUCAMONGA - CALEXICO - DOWNEY HOUSING FINANCE AGENCY AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb Self -Insured Liability Insurance Program Noting the amount for self -insured liability and excess liability, Councilman Santangelo asked if the new plan will require a $1 million certifi- cate from all contractors. Mr. Powell said this requirement was shown in a previous staff report, and staff is still analyzing whether to require $500,000 or $1 million, although $500,000 would be the minimum. Councilman Santangelo does not want to approve this until a final determination has been made by staff and the Council has had an opportunity to review it. Mr. Powell explained staff is reviewing the liability insurance program concerning outside people doing things which create exposure to the City. It was proposed to beef -up procedures and make them more consistent and standard- ized, and staff is in the process of drafting an administrative regulation to be circulated among departments for input. It will then come to the City Council for review. When asked whether the City is adequately covered regarding the Hospital's exposure to the City in regard to their insurance, he said this is covered by an agreement between the City and Hospital, and the agreement states what the Hospital has to provide in the way of liability insurance protection. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and so ordered to receive the report on Self -Insured Liability Insurance Program. Councilwoman Boggs requested an addition on page 8 of the Minutes, Regular Meeting of February 26, 1985, after the seventh paragraph, to reflect that she asked Mr. Jorgensen if escrow had closed on his property, and he told her it had not. She said it was an important issue in opening up the parcel on Iowa Street for further consideration. It was moved by Councilwoman Boggs, seconded by Councilman Davila, and passed by unanimous vote to approve the Minutes as amended. Council Minutes 3/12/85 -4- ? � rc5 It was moved by Councilman Davila to approve a program of Bus Stop Maintenance and Clean-up and appropriate the sum of $6,000 to hire a student rather than a part-time worker. Mr. Ovrom questioned how the student would be transported to the job site. Mr. Ralph said it is necessary to use equipment in order to take the trash for dumping, and in the past municipal aides have been used, as well as hiring youths 16 years of age or older, which has been successful. The Chair accepted the motion. Responding to a question, Mr. Ralph explained how he arrived at the $3,000 recommended figure of 16-20 hours a week to cover the major streets that have bus benches. To the best of his knowledge, all of the bus lines have been included for maintenance. AYES: 0 Council Members: None NOES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb Failed. Councilman Santangelo said in staff memo there is mention that the Capital Improvements Budget for 1985-86 will include a project for installation of bus shelters, and it was Council's determination there will not be bus shelters. Mr. Ovrom mentioned this issue has not been brought to the Council as yet. It is not included as part of this recommendation. It was moved by Councilman Davila, seconded by Councilwoman Boggs, and passed by unanimous vote to approve a program of Bus Stop Maintenance and Clean- up and appropriate the sum of $3,000 for labor, materials, and equipment from Unappropriated Proposition A Funds to Account No. 55-13991 for the remainder of 1984-85. RESOLUTION NO. 4545 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING RESOLUTION NO. 4347 AND ESTABLISHING A POLICY FOR DESTRUCTION OF CERTAIN OBSOLETE RECORDS It was indicated the Resolution adds paragraph "r" to the present resolution on background investigation. Councilman Davila said it is a mistake to include item "p" for destruction of records of internal investigations because in the event another Police Chief comes into the Department, he will be unaware of investigations pertaining to personnel. Councilman Santangelo mentioned the addition of Item "r" was not clear in the staff report, and he requested in the future that department recommendations mention when an item is being added to an already existing resolution. Chief Martin explained sometime back State Law was changed to allow for destruction of personnel records after five years. When Item "p" was brought to the Council for approval, it was staff's belief that a person who makes an error in judgment should not have to pay for it for the rest of his life. Five years is a sufficient length of time to maintain a record of a person's good or bad behavior. He commented on the ongoing problem in the Courts of Skelly hearings, where defense attorneys routinely subpoena Police Officers' personnel records to use the information against the Officers in the way they perform their duty. Councilman Davila said the Los Angeles Police Department maintains confi- dential personnel files which are not subject to subpoena, but is a memo file for use by the Police Chief to review any and all personnel working for him. Council Members Santangelo and Boggs indicated they are ready to approve the Resolution but would like to take another look at Item "p". The Resolution was read by title only. It was moved by Councilman Santangelo and seconded by Councilman Cormack to waive further reading and to adopt. Council Minutes 3/12/85 -5- An amended motion was made by Councilman Davila and seconded by Councilwoman Boggs to not include Item "p." Chief Martin questioned whether it is appropriate for the Council to do away with something that is in the State Law. Mr. Ovrom suggested approving the Resolution because it is in State law and give staff the opportunity to bring back additional research and comments from the City Attorney about Item "p." Roll call vote on the amendment: AYES: 1 Council Member: NOES: 4 Council Members Failed. Davila Santangelo, Boggs, Cormack, Barb The motion to waive and adopt was then passed by the following vote: AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila Councilman Davila indicated his "no" vote was only to adoption and not to the waiver of further reading. It was moved by Councilman Davila, seconded by Councilman Santangelo, and so ordered to bring back Item "p" to the City Council at the next meeting. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN ADMINISTRATIVE REGULATION CONCERNING EMERGENCIES Councilwoman Boggs questioned whether it is advisable to set an amount, and if it is exceeded then a different procedure would be required. She does not want to give a blank check. Referred to the City Manager to confer with the Fire Chief and Director of Administrative Services. RESOLUTION NO. 4546 A RSOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CLASS SPECIFICATION FOR FIREFIGHTER Councilman Davila asked if a five percent increase would help Fire Depart- ment personnel become interested in the Paramedic position. Chief Davis commented on the various personnel classifications in the Fire Department and of the Paramedic training required. It is his recommendation to hire three lateral transfer Firefighter Paramedics, which is the most cost effective method, and give the younger people experience before training them at a future date. When asked if a vote of the Downey Firemen's Association was taken on this matter, Chief Davis replied he discussed this with the Association Board of Directors, and they had no objection to the change. 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: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila Councilman Davila indicated his "no" vote was only to adoption. Mayor Barb declared a recess from 9:04 p.m. to 9:23 p.m. The meeting resumed with all Council Members present. ORAL COMMUNICATIONS - Items not on Agenda Mr. Lennie Whittington, 8542 Manatee, said at the 6:30 p.m. Council Meeting on February 26th, when the Council recessed to closed session, it was announced the Council would discuss the Kimberly Paul case, but when the meeting resumed Council Minutes 3/12/85 -6- 16 K9 the announcement was there were no decisions made. However, he later read in the newspaper that the Council had made a decision, and he asked why it was not announced publicly as required by the Brown Act. Mr. Newton explained that the Brown Act does not require the announcement of a decision except when it involves the discharge or employment of personnel. He said he would be willing to review this with Mr. Whittington. When asked if there were any decisions made tonight, he replied there was no decision made that was required to be announced. He also pointed out that three days after the February 26th closed session, public documents were filed, and that was the form of the public announcement. ORDMANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DONNEY AMENDING ARTICLE IV, CHARTER 5, BY ADDING SECTION 4521 RELATING TO SOLICITORS AND PEDDLERS Mayor Barb said there are people in the audience who represent various groups which reflect parts of the industry affected by the Ordinance. He asked if they would like to speak at this time. Mr. John Templeton, 8711 Mory Street, said he has an independent insurance brokerage and that 60-70 percent of his income is derived from door-to-door solicitation. He specializes in health insurance, and many people are not able to leave their homes and are uninformed. He feels the Ordinance would be doing a disservice to the community. Mr. Jared Blum, general counsel for the Direct Selling Association, 1730 M Street N.W., Washington D.C., said the proposed Ordinance would make it diffi- cult, if not possible, for members of the Association and sales people to operate in the City. He named the companies he represents, who operate through the use of independent contractors that sell from personal demonstration of products in the home. He discussed the proposed Ordinance and urged the Council to not adopt it. Mr. Stephen Lozowick, attorney with Avon Products, 9 West 57th Street, New York, New York, speaking on behalf of the Corporation and many representatives who live and work in Downey. He asked the Avon representatives present in the audience to stand. He objected to wording in the Ordinance which mentions that the going in and upon private residences is declared to be a nuisance and said no representative of Avon would ever want to become a nuisance to any private homeowner. He asked an Avon representative come forward and speak. Betty Douglas, 9615 Paramount Boulevard, explained how she started in the Avon business and of the many customers and friends she has made over the years. Maria Hayek, 9139 Raviller, representing the Board of Realtors as its president, commented that realtors conduct door-to-door solicitations and said the Police Chief refers to realtors as extra eyes of the Police Department. The Ordinance would hurt the real estate industry. Mr. Engles, 9518 Muller, representing Downey Pop Warner, started to speak to this matter when Mayor Barb informed him the Ordinance only deals with commercial solicitations. Councilman Santangelo indicated it is not his intent to prohibit the insurance or real estate industries, Avon, Amway, or young people who solicit work during the summer, and he suggested the Ordinance be redrafted. Councilman Davila has always been against unscrupulous peddlers that come to the home because they create a problem. He concurred with redrafting the Ordinance. Councilman Cormack said the Ordinance should go back to staff to include some hour restraints and requirement for business license. Councilwoman Boggs concurred the Ordinance should go back to staff, but feels a new Ordinance should be brought back because there are older citizens in the community who are being "fleeced" by people going door-to-door. She requested an Ordinance be prepared that would give some protection to citizens without impairing people's ability to do business. Council Minutes 3/12/85 -7- Mayor Barb suggested the Ordinance be drafted to contain wording that would allow for the groups represented this evening to continue what they are doing but to restrict other type businesses by dealing with point of sale, cash trans- fer or dealing with people that have a particular area they service regularly. Councilwoman Boggs requested cash transfer be included in the Ordinance and that identification be required. Mr. Blum volunteered to work with the City Attorney to come up with some viable alternatives. Councilman Santangelo suggested caution be exercised so as to not be too restrictive. He also indicated that the wearing of identification badges might cause people to trust eveyone wearing a particular badge. People should make themselves alert and ask questions. He has not received any information from a constituent saying they were imposed upon, but he does not want an outside company depositing children with candy to solicit. Mayor Barb said there needs to be a system for door-to-door sales. The City Attorney was asked to work with staff in preparing a new Ordinance that can be enforced. Mayor Barb declared a recess from 9:57 p.m. to 9:59 p.m. The meeting resumed with all Council Members present. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE III, CHAPTER 3, SECTION 3337, RELATING TO FIREWORKS SALES PERMITS The Ordinance 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 introduce. When asked about the status of the 18 slots, Chief Davis replied he does not know at this time because the organizations have not filed as of this date. AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb RESOLUTION NO. 4547 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A PROCEDURE FOR APPLICATIONS FOR AND AWARD OF FIREWORKS SALES PERMITS The Resolution was read by title only. It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by unanimous vote to waive further reading and to adopt. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING ARTICLE YIII OF THE DOWNEY MUNICIPAL CODE, BY ADDING SECTION 8800 - PERTAINING TO SEISMIC REGULATIONS The Ordinance 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. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 786, ZONE CHANGE CASE NO. 212) (8249-51-53 Gardendale St.) The Ordinance 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,,� Council Minutes 3/12/85 -8- Z Mr. Cutts mentioned the recommendation is to introduce the Ordinance and hold the second reading in abeyance until the applicant submits his tract map. AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb RESOLUTIONS RESOLUTION NO. 4548 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING A REQUEST TO AMEND THE COMPREHENSIVE ZONING MAP (11720 Adenmoor Avenue) 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 NOES: 1 Council Member: Santangelo RESOLUTION NO. 4549 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF EL MONTE AND THE CITY OF DOWNEY CREATING THE EL MONTE-DOWNEY HOUSING FINANCE AGENCY The Resolution was read by title only. It was moved by concilman Cormack, seconded by Councilwoman Boggs, and passed by unanimous vote to waive further reading and to adopt. It was moved by Councilman Davila and seconded by Councilman Cormack to appoint Council Members Santangelo and Cormack as delegates to the Joint Powers Authority of the E1 Monte -Downey Housing Finance Agency; and it was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by the following vote to appoint Council Members Davila and Boggs as alternates. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila RESOLUTION NO. 4542 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY COMMENDING JUDGE LEON EMERSON ON HIS RETIREMENT 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 amend the Fiscal Year 1984-85 SB 821 Pedestrian Safety Budget by allocating an additional $15,000 from interest surplus; find that the installation of School Safety Beacons on Old River School adjacent to the West Middle School are needed immediately for school safety reasons; and direct staff to proceed immediately with the force -account installation of standard mast -arm school pedestrian safety beacons for the West Middle School at 11985 Old River School Road. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by unanimous vote that contingent upon Caltrans' approval, to award a unit price contract totaling $184,357.50 to Vernon Paving Company for construc- tion of street improvements under S.S. Project No. 324/350 (FAU), Imperial Highway from Coldbrook Avenue to San Gabriel River Bridge; appropriate funds in the amount of $5,800 from the unexpended Gas Tax Fund Balance to Account No. 26- 16226 for use on this project; and authorize the transfer of funds in the amount of $5,800 from Account No. 26-16186 to Account No. 26-16226. It was moved by Councilman Santangelo, seconded by Councilman Davila, and passed by unanimous vote to instruct the Department of Public works to prepare a letter to the Federal Emergency Management Agency advising that the City of Downey desires to enter the Federal Flood Insurance Program on a voluntary basis. Council Minutes 3/12/85 -9- %6 �'o It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by unanimous vote to authorize the Director of Public works to loan occasional labor to the Downey Cemetery District and bill them for those costs incurred by the City. ORAL COMMUNICATIONS - Staff Members: None ORAL COMMUNICATIONS - Audience Mr. Lennie Whittington, 8542 Manatee, mentioned that tonight an elderly woman walked into the glass wall of the the Council Chamber and broke her glasses. He suggested some markers be placed on the glass. ORAL COMMUNICATIONS - City Council Councilman Santangelo recommended a 20-minute No Parking Zone at the Theatre so that people can park their cars and purchase tickets. Mayor Barb asked about having the street swept next to the Theatre. Mr. Ralph will look into it and said there should be two or three stalls at the end adjacent to where the tickets are purchased. Councilman Santangelo objected to the installation of solar panels on the front of property that is visible from the street, which deteriorates the value of residential property, and he recommended the Planning Commission look into this and come back with a recommendation. Councilman Commack suggested declaring a moratorium. Mr. Newton said staff will research and advise the Council and Planning staff as to State law limitations upon cities in imposing restrictions on solar energy paraphernalia. Councilman Davila requested a Fire Signal on Paramount Boulevard be included in the 1985-86 Budget and completed before December 1985. Mr. Ralph indicated it was his understanding it is to be included in the budget. Councilman Davila said he has been receiving complaints regarding the noisy sirens. Councilman Davila also requested a time element on the Orange Street improvements. Councilman Davila commented regarding receipt of a letter from Dodge Motors regarding the bidding procedure on City vehicles. Mr. Ovrom said an answer was sent to the letter. He mentioned a bid was received from the Dodge dealer and it was the low bid, but the engine specifi- cations did not meet Police Department requirements. The bid was awarded to the local Ford dealer. Councilman Santangelo commented on receipt of calls inquiring as to why Downey contracts for services outside the City. He specifically mentioned that redesign of the Communicator was done outside the City. Mr. Ovrom replied it is the City's policy to give a financial break to people inside the City. Councilman Santangelo mentioned he knows of a company that does this type of design work who was not solicited. Mr. Ovrom said attempts are made to contact businesses in the City to submit bids. Mr. Yotsuya stated staff has discussed this matter with the businessman referred to by Councilman Santangelo. Councilman Davila cited an incident, wherein he called City Hall to speak to a Department Head and that the person answering the phone did not know where Council Minutes 3/12/85 -10- the Department Head was. He requested implementation of a log sheet so that the secretaries will know where the Department Heads are at all times. Mr. Ovrom said it is good management practice for a Department Head to let his secretary know where he is. He recalled an instance where Councilman Davila could not reach a Department Head but said he does not feel there needs to be a Council policy of a log sheet. It was moved by Councilman Davila that a log be implemented. When Councilman Santangelo said he is satisfied that the City Manager recognizes the Department Heads should let their secretaries know where they are, he concurred. Councilman Davila mentioned when the City Manager first came on board, he inquired of the Council Members' priorities and that he had suggested a five member Citizens Complaint Commission be established. Responding to questions, he said the commission would handle any complaints including personnel. Mr. Ovrom said some complaints are handled by the departments, and he asked Councilman Davila to submit a list of any complaints he might have. Councilman Cormack inquired regarding status of the Rio Hondo Bridge removal. Mayor Barb said he received a copy of a letter Supervisor Schabarum sent to a County department working with Federal appropriations asking that they report on the cost to close the bridge. The letter also indicated that Downey had requested the bridge's removal in 60 days. He will submit copies of the letter to the Council. Councilman Cormack commented on a dangerous condition created by bicycle traffic on the Suva Street bridge. Mr. Ralph said staff is studying the problem with the use of video tapes. Councilwoman Boggs referred to an item heard by the Planning Commission on Zone Variance No. 372, 12842 Gneiss, which concerns a 25 by 60 foot lot, and that the Commission made modifications on the setback. She requested the Council to hear this matter on appeal, as well as take a look at 25-foot lot situations to see if this is the direction the City should be developing. Mr. Newton explained the State Legislature in 1983 and 1984 amended State Law to severely restrict the ability of local jurisdictions to require merger of sub -standard lots. He has prepared an Ordinance which will be submitted to the City within the next 30 days for consideration. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by unanimous vote that the Council hear Zone Variance No. 372 as an appeal. Councilwoman Boggs suggested the study on use of Prop A Funds include a possible joint venture with the School District to utilize funds to help alleviate their transportation problems. Mayor Barb said this is being looked into. Councilwoman Boggs cited a Leash Law problem at Downey High School and requested this matter be reviewed. Mayor Barb commented on his attendance at a meeting where the main item of discussion was the care and control of school facilities. Also, the school will be adopting rules for control of the schools and they will forward them to the Council for preparation of an Ordinance so that when Police Officers respond they can enforce a problem. Also, the School District would split the cost with the City to add a Police Officer to handle schools, parks, etc. Councilman Santangelo inquired if consideration is being given to a policy of outside baseball teams coming into the City. Mayor Barb mentioned it was suggested that on weekends to only allow uses on the school grounds that have permits. Council Minutes 3/12/85 -11- Councilwoman Boggs inquired regarding status of the report on in-house City Attorney. Mr. Ovrom said it is forthcoming. Mayor Barb commmented that many employees have been with the City 20 and 30 years, and the City is fortunate to have them. He appreciates the Department Heads and the job performed by the City Clerk. ADJOURNMENT: 10:40 p.m. The meeting was adjourned to 8:00 a.m., March 15, 1985, in the Rio Hondo Country Club for a breakfast meeting with Assemblyma"ayne Grisham. Ro ert L. Shand, -City C/ er<-Treasurer Randall R. arb, Council Minutes 3/12/85 -12-