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HomeMy WebLinkAboutMinutes-06-11-85-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 11, 1985 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Amendment to DMC re Ambulance Service in HM Hospital Medical -Arts Zone Hrg. cont'd, to 6/25 1 Appeal, Gen. Plan Amndmt. 85-1 & Zone Change #218, Rancho Los Amigos Property Hrg. cont'd. to 8/27 1 Appeal, Zone Variance #384 & Tentative Tract Approved; Resol. to be #44089, 8247-53 Gardendale St. brought back next mtg. 2 Res. #4585, Ord. Annex. into Ltg. Maint. Dist. AD 121 (Annex. 85/05, Otto St. E/o Pomering Rd.) Adopted 3 Res. #4586, Ord. Annex. of Entire.City Area into Zone III of Ltg. Maint. Dist. AD 121 Adopted 4 Res. #4587, Confirming 1985-86 FY Assmt. for Ltg. Maint. Dist. AD 121 Adopted 6 Res. #4588, Ord. Vacation two portions Imperial North & South sides adj. to So. Cal. Edison R/W Adopted 6 Ord. #794, amending DMC re Solicitors & Peddlers Adopted 7 Removal of Items from Consent Calendar 7 Minutes: Reg. Mtg., May 31, 1985 Approved 7 Corres. from Rec. & Comm. Svcs. Comm. re Wilderness Park - Proposed Auto Mall Received & filed 7 Corres. from Geophysical Service re Survey within City Limits Ref. to staff 7 Legal Claims for Refjection: Ref. #687-B, Tiiman; Ref. #716, Klombies; Ref. #722, Fortis; Ref. #724, Giannatti, Licon & Torres (aka Lopez);& Ref. #726, Szondy (Appl. f/Late Claim approved/Late Claim Rejected). Approved 8 1985-86 Fiscal Year Budget Hrg, set for 6/25 8 1985-86 Use of Revenue Sharing Hrg. set for 6/25 8 Appeal, Zone Variance #383, 8425 Firestone B1. Hrg. set for 6/25 8 Medical Insurance Claims Adm.: Auth. renewal of contract w/James Benefits @ 2.5 percent increase in service fee for FY 1985-86 Approved 8 Res. #4589, Proposing to Annex (Annex. 85/07-29) Adopted 8, Res. #4590, Apprvg. Engr's. Rpt. (Annex. 85/07-29) Adopted z __ Res. #4591, Decl. Int. to Annex into Ltg. Maint. Dist. AD 121 (Annex. 85/07-29) Adopted; sets hrg. 6/25 8 Res. #4592, Proposing to Annex into Ltg. Maint. Dist. AD 121 (Annex. 85/06, Luxor St.) Adopted Res. #4593, Apprvg. Engr's Rpt. (Annex. 85/06) Res. #4594, Decl. Int. to Annex (Annex. 85/06) 0 Adopted 8 Adopted; sets hrg. 6/25 8 Page 1 of 2 DOWNEY CITY COUNCIL MINUTES, JUNE 11, 1985 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Minutes: Adj. Reg. Meeting, May 28, 1985; & Reg. Mtg., May 28, 1985 Approved 8 Lennie Whittington re personal use of City Vehicles by Dept. Heads 9 Lennie Whittington re date Mr. Ovrom left City 9 SS Proj. #365, Firestone/Brookshire Widening Removed from Agenda 9 Parks Lighting Projects: Dir. staff to delete work proposed at Golden Park from plans & specs & approve remaining plans & specs for inst. of sports ltg. system at Independence Park & upgrad- ing ltg, facilities at Rio San Gabriel Park & Columbus Sports Facilities & advertise f/bids Approved 9 1984-85 Supplemental Appropriations Approved 9 Mini -Blind Window Coverings: Instruct staff to come back w/price difference on vertical blinds & hold action until report brought back Approved 9 Commercial Revitalization Demonstration Proj. on Approved contingent on Firestone bet. Downey & LaReina Council's approval of final concept drawings 10 Cn. Santangelo req. Design Rev. Bd. review requirements for placing electrical transformers 11 Cn. Santangelo req. study on newsracks be brought to Council's next meeting in closed session 11 Cn. Davila re problem of overgrown weeds on ppty. 11 Cn. Cormack re business license requirements 11 Mayor Barb re complaints on Caltrans storage lot Staff will contact north end of Manzanar next to Freeway Caltrans 11 Cn. Boggs req. Project Area Amendments 11 Cn. Davila re Fireworks 12 Barbara Hayden submitted County letter re potential land uses for vacant Rancho Los Amigos Property 12 Meeting adjourned to 4:00 p.m., June 17, 1985, for Budget Study Session 12 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 11, 1985 The City Council of the City of Downey held a regular meeting at 7:46 p.m., June 11, 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: Don Davis, City Manager Pro Tem 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 James R. Jarrett, Director of Community Services Ronald Yoshiki, City Planner Harald J. Henriksen, City Engineer William Sumner, Fire Marshal 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 Councilman Cormack. The Flag Salute was led by Councilman Santangelo. PRESENTATIONS: None HEARINGS Mayor Barb opened the hearing on Amendment to Downey Municipal Code regarding Ambulance Service in the HM Hospital Medical -Arts Zone. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and so ordered to continue the hearing to 7:30 p.m., June 25, 1985, in the Council Chamber of Downey City Hall. Mayor Barb opened the hearing on Appeal to General Plan Amendment 85-1 and Zone Change Case No. 218, Rancho Los Amigos Property. He requested a brief staff report on the status of this matter. Mr. Cutts explained staff has met with the County and is requesting the matter be continued to August 27th and sent to the Planning Commission for further study. The County has brought forth new and additional information regarding a draft specific plan of concern to the Commission. The Commission would like to review it, make an analysis of the project, and report back to the Council with a further recommendation. One of the major concerns involves what will happen to Rives Avenue and the cirulation plan of Rives and Imperial. It was moved by Councilman Santangelo and seconded by Councilwoman Boggs to refer the draft of the specific plan back to the Planning Commission for review and recommendation and continue the hearing to 7:30 p.m., July 23, 1985. The Chair accepted the motion. (See motion later withdrawn.) Discussion followed, wherein other Council Members favored the August 27th date over July 23rd. An amended motion was made by Councilwoman Boggs and seconded by Councilman Cormack to change the date to August 27th. The original motion and second were withdrawn. Council Minutes 6/11/85 -1- The hearing was then continued to August 27th and the draft of the specific plan was referred back to the Planning Commission for review and recommendation. Larry Marks, 7808 Borson Avenue, said he has passed out fliers to make people aware of this.project. He asked how people will be notified of the future hearing. Mr. Cutts said notices will be mailed. Councilman Cormack requested an advertisement be placed in the newspaper. Councilman Davila also requested that tenants be notified. Mr. Cutts said staff can send notification within 500 feet of the Rancho property, place a notice in the newspaper, and post notices in markets throughout the area. Mayor Barb declared a recess from 8:00 p.m. to 8:01 p.m. The meeting resumed with all Council Members present. Mayor Barb opened the hearing on Appeal to Zone Variance No. 384 and Tentative Tract No. 44089 for property located at 8247-53 Gardendale Street. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Santangelo and seconded by Councilman Cormack to receive and file the Proof. Mayor Barb asked if the City Clerk had received any correspondence, and the response was no. The applicant was then asked to come forward and present his case. Mr Gary Almas, 8065 Florence Avenue, indicated that pursuant to previous Council request, he hired a local engineer to submit a tract map and provide a common area, which would be part of an association which would be landscaped and maintained by the association. He also hired a law firm to create an association and CC & R's, as required by the Planning Division. He asked what else the Council would like him to do on this matter. Councilman Davila said it was his understanding the Council had indicated its approval of three lots, not the five as presented. Mr. Cutts agreed there was some discussion of the Council to break the property down into three lots, but that the central issue seemed to be maintenance on a smaller lot. The Council directed staff to go back to work with the developer to form a homeowners' association to insure proper property maintenance. Then the Council indicated its approval of four units so long as the proper maintenance could be provided. Staff worked with Mr. Almas' attorney on preparing CC & R's. There being no one else to speak in favor, Mayor Barb asked if anyone wished to speak in opposition. Mr. Richard Kittlaus, 8241 Priscilla, said the neighborhood is already very congested, and he feels it will be worse with five or four homes on the subject property. He also expressed opposition of his neighbors who were unable to attend this meeting. The was no one else to speak in opposition. The applicant did not wish to speak in rebuttal. It was moved by Councilman Davila, seconded by Councilman Cormack, and so ordered to close the hearing. Councilman Davila said a decision needs to be made on whether structures can be built on undersized lots. When asked if the lots are under size for a condominium project, Mr. Cutts replied yes and said a variance was granted for 160 feet per lot. He mentioned there are five lots, four of which are single family residential. All of the front, rear and side yard setbacks are common areas to the home- owners' association. He commented on the lot size requirements to establish Council Minutes 6/11/85 -2- four dwelling units in a R-2 zone, noting the total area is 9360 square feet, which is under size. It was moved by Councilman Davila and seconded by Councilwoman Boggs that the appeal be denied. Further questions and discussion ensued regarding requirements for condominium development of the property. It was mentioned the Council had previously indicated it would approve this matter if the applicant complied with a condominium type development. AYES: 1 Council Members: Davila NOES: 4 Council Members: Santangelo, Boggs, Cormack, Barb Failed. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by the following vote to reaffirm actions of the Planning Commission and approve Zone Variance No. 384 and Tentative Tract 44089. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila A Resolution will be brought back for adoption. Mayor Barb opened the hearing of protests on Lighting District Annexation 85/05, Otto Street. He inquired if the City Clerk had the Affidavit of Post- ing of Notice and Proof of Publication, and the response was yes. It was moved by Councilman Santangelo and so ordered to receive and file the Affidavit and Proof. Mayor Barb inquired if the City Clerk had received any written protests or objections, and the response was no. Mayor Barb then asked if there was anyone present to speak in protest. Mr. Miloserdorf, 9914 Pomering Road, said he does not want the light because teenagers play volley ball all hours of the night. Mr. Ken Miller, 7336 Cleargrove Drive, asked if there would be installa- tion costs for this annexation or whether it would go directly into Zone I. Mr. Ralph replied this would go temporarily into Zone IV, which was set last year at a zero assessment. This involves one light adjacent to six houses at the end of the cul-de-sac. Mr. Miloserdorf concurred with the location of the light. There being no one else wishing to speak, it was moved by Councilman Santangelo, seconded by Councilman Cormack, and so ordered to close the hearing. RESOLUTION NO. 4585 A RESOLUTION OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN AREA INTO LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THOSE AREAS (ANNEXATION 85/05 - OTTO STREET EAST OF POMERING ROAD) -- The Resolution was read by title only. It was moved-byEounclran Santangelo, seconded by Councilman Cormack, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Davila, Santangelo, Cormack, Barb NOES: 1 Council Member: Boggs Mayor Barb opened the hearing on Annexation of Entire City Area into Zone III - Safety Lighting, of Lighting Maintenance District A.D. 121. He inquired if the City Clerk had the Affidavit of Posting of Notice and Proof of Publica- tion, and the response was yes. It was moved by Councilman Cormack, and so ordered to receive and file the Affidavit and Proof. Council Minutes 6/11/85 -3- Mr. Ralph reported on a proposed method for payment of safety lighting through assessment to properties in the City. He mentioned that all other lighting is paid by direct assessment to the property owners. If this option is selected, it would be necessary to adopt a rate by July 1st. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and so ordered to approve the Engineer's Report. Mayor Barb inquired if the City Clerk had received any written corres- pondence, and the response was no. Mayor Barb then inquired if there was anyone present who wished to speak regarding the proosal to annex the entire City Area into Zone III. Mr. Ken Miller, 7336 Cleargrove Drive, mentioned Assessment District 121 was formed by the Council to solve a problem created by the passage of Propo- sition 13 because tax revenue would no longer support the ongoing illumination within the blocks that had street lights. He also commented regarding the Council's determination at that time to turn down a proposal to form a City- wide district, which has been turned down by other Councils. Mr. Miller then expressed his opposition to the proposed annexation of the entire City into Zone III because people have already paid for safety lights and this would be requiring them to pay again. He requested this be delayed another year and suggested before another proposal is brought back that staff come up with a rate as to how it will be paid. He also expressed opposition to a single family owner paying the same rate as the owner of a multiple dwelling. Mr. Miller noted the lighting district was formed under the Landscaping and Street Lighting Act of 1972, and he hopes in the future costs for landscaping will not be passed on to the property owners. There being no one else to speak, it was moved by Councilman Davila, seconded by Councilman Santangelo, and so ordered to close the hearing. Mr. Ralph and Mr. Powell responded to questions regarding the proposed assessment for safety lighting. Councilwoman Boggs expressed her views in favor .of Proposition 13 and noted the small amount of revenue the City receives from Property Taxes. She is in support of this matter. Councilman Davila referred to tax increment money that goes into redevelopment areas, and asked if those property owners pay their fair share. Mr. Powell said tax increment can only be used for the payment of debt. The Agency can incur debt for the purpose of construction of certain facili- ties related to redevelopment projects. Councilwoman Boggs asked if the single family home and multiple -unit apartments will pay the same amount. Mr. Ralph replied yes, that during the first year it would be the only way it could be paid since staff would not have time to properly assess the entire City and do a better benefit assessment. Staff proposes to develop this during the second year and assess according to the benefit received. Councilman Santangelo questioned that multiple units would pay the same assessment as single family property. He mentioned that anyone purchasing property will be faced with paying larger taxes, and he suggested taking another look at this because there could be a landfall of money as a result of resale of property and increase in Property Taxes. year. Councilman Davila concurred that this should be held over for another RESOLUTION NO. 4586 A RESOLUTION OF THE CITY OF DOWNEY ORDERING ANNEXATION OF THE ENTIRE CITY AREA INTO ZONE III OF LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THAT AREA The Resolution was read by title only. It was moved by Councilman Davila and seconded by Councilman Santangelo to reject the Resolution. Council Minutes 6/11/85 -4- AYES: 2 Council Members: Davila, Santangelo NOES: 3 Council Members: Boggs, Cormack, Barb Failed. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and passed by the following vote to waive further reading and to adopt. AYES: 3 Council Members: Boggs, Cormack, Barb NOES: 2 Council Members: Davila, Santangelo The "no" votes related only to adoption of the Resolution. Mayor Barb opened the hearing on Lighting Maintenance District AD 121, 1985-86 Assessment Levy, pursuant to the provisions of the Landscaping and Lighting Act of 1972. He asked if the City Clerk had the Affidavit of Posting and Proof of Publication, and the response was yes. Mr. Ralph reported on the annual assessment which will include safety lighting as Zone III. He mentioned last year the City built up a substantial amount of money in Zones I, II and IV, and the Council directed staff to keep the reserves at approximately 50 percent, which is necessary for the cash flow. Staff is recommending one more year of no assessment in Zone I resi- dential and an assessment in Zone II. Last year, the Council set the rate for Zone IV - Residential Zone at zero, so people coming in have not paid anything. The reserve has not been depleted in Zone IV due to receipt of an allocation under ad valorem taxes, and staff needs direction regarding what to do with that fund because the City would never be able to deplete the reserves without spending the money for something else. It is recommended reconsidera- tion be given to the assessment for Zone IV and continue to assess people for installation of street lights and keep the maintenance and energy level the same as it is in Zone I. It is also suggested the Council direct staff to continue to use the reserve funds of Zone IV for projects related to lighting but not necessarily in any zone. This year it is proposed two projects be completed which would help deplete some of the funds in Zone IV, including a lighting project on Firestone Boulevard associated with an underground utility district and re-lamping of an area on Firestone adjacent to the Civic Center. It was moved by Councilman Cormack and so ordered to approve the Engineer's Report. There was no correspondence received. Councilwoman Boggs objected to people in a residential neighborhood circulating a petition and getting free street lights. Discussion followed. Mayor Barb asked if there was anyone present to speak to the proposed intention to levy and collect assessments. Mr. Ken Miller, 7336 Cleargrove Drive, commented on a study he performed in 1982 of street lighting zones, which revealed residential property owners had been over assessed, business and commercial properties under assessed, and there was a reserve in Zone IV, which is a. holding zone. He had suggested any reserve in Zone IV be transferred into Zone I to credit the people who had caused Property Tax to continue being accrued from that Zone and thought it had been done because in subsequent years it showed an ending balance of zero in Zone IV, yet in 1984-85 the ending balance was $62,186. Also, last year people have been getting free installation. Mr. Miller suggested the Council have staff structure a resolution of Council policy on how money coating into a particular zone is going to be treated and how it is to be spent; also, how is the surplus going to be spent that suddenly appears from nowhere. He does not feel it is fair to the property owners to pay for something that should come out of the General Fund, and he feels the Council should transfer the $62,000 into Zone I who caused it to be there in the first place. Responding to questions, Mr. Powell explained how the Zone IV balance has been building up. J7d/J �-z;-8f Mr. Miller said the money should have gone into Zone I instead of Zone IV, and the money should be transferred. Council Minutes 6/11/85 -5- There being on one else to speak, it was moved by Councilman Santangelo, seconded by Councilman Davila, and so ordered to close the hearing. Mr. Powell commented on his review of the lighting districts for the past eight years to reconstruct all of the revenues and expenditures from each zone during the past, which determined Zone IV had been building up a balance. The question is what to do with that balance. Two alternatives are proposed: One is to shift the balance over to Zone I and give an extra boost to the resi- dential street light users; the other would be to use the balance for street light projects. Councilman Santangelo suggested transferring Zone IV money into Zone I. Mr. Ralph mentioned it appears $5,000 a year in excess of what is assessed will be accumulated in Zone IV. It was moved by Councilman Santangelo and seconded by Councilman Davila to move the money from Zone IV presently accumulated and any future accumula- tion of funds into Lighting District Zone I. Mr. Ralph requested a reserve be left in Zone IV rather than transferring the entire amount. The motion and second were withdrawn. It was moved by Councilman Santangelo, seconded by Councilman Davila, and passed by unanimous vote that on Appendix B of the Engineer's Report the fund balance of June 30, 1985, in the amount of $43,867 be decreased to $8,867; that $35,000 be transferred over to Zone I; and to modify the Engineer's Report consistent with this action. Councilman Santangelo said he would like staff to bring back a recommendation for setting a policy on all the zones. Staff was asked to bring back a report. RESOLUTION NO. 4587 A RESOLUTION OF THE CITY COUNCIL OF THE CITY DOWNEY CONFIRMING THE 1985-86 FISCAL YEAR ASSESSMENT FOR LIGHTING MAINTENANCE DISTRICT A.D. 121 The Resolution was read by title only. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by unanimous vote to waive further reading and to adopt. Mayor Barb opened the hearing on Vacation No. 147, Excess Right -of -Way on North and South Sides of Imperial Highway, each adjacent to and westerly of Southern California Edison Company's 180-foot Right -of -Way. He inquired if the City Clerk had Affidavit of Posting of Notice, and the response was yes. Mr. Ralph explained originally there were supposed to be two cul-de-sacs along with a project on Imperial that changed into an underpass which resulted in excess right-of-way. It is recommended the Council vacate that portion, and the Planning Commission has taken action supporting the recommendation. Mayor Barb asked if the City Clerk had received any correspondence, and the response was no. There being no one present to speak in opposition to the Vacation, it was moved by Councilman Santangelo, seconded by Councilman Davila, and so ordered to close the hearing. RESOLUTION NO. 4588 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE VACATION OF TWO PORTIONS OF IMPERIAL HIGHWAY ONE PORTION ON THE NORTH SIDE OF THE HIGHWAY AND ONE LOCATED ON THE SOUTH SIDE OF THE HIGHWAY EACH BEING ADJACENT TO AND WESTERLY OF SOUTHERN CALIFORNIA EDISON COMPANY'S 180.00 FOOT RIGHT-OF-WAY 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. Council Minutes 6/11/85 -6- D;. Ork : ,r"I ORDINANCE NO. 794 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE VI, CHAPTER 5, BY ADDING SECTIONS 6502, 6503 AND 6504 RELATING TO SOLICITORS AND PEDDLERS Mrs. Maria Hayek, 9139 Raviller, President of Downey Board of Realtors, requested clarification on whether the Ordinance will affect the realtors. Mr. Newton explained the proposed amendment adds certain provisions to the existing Ordinance regulating peddlers and solicitors, which applies to all peddlers or,solicitors who knock upon the door of any residence or dwell- ing for the purpose of soliciting orders for sale, and it applies to realtors if they go upon property within the City and seek to solicit a service. The current Ordinance requires that a realtor who goes upon a dwelling property within the City for the purpose of soliciting an order or the listing of a house is required to comply with permit provisions. The new Ordinance adds to the limitations already existing in the current Ordinance a requirement that all solicitors observe a "no soliciting" sign if it is posted by a resident. When asked asked how the Ordinance will affect the activities of a real estate broker, Mr. Newton explained the Ordinance would have no new impact or change in the application of law that currently applies to real estate brokers. Mayor Barb suggested the Council act on the Ordinance and then he will ask the Police Chief and City Attorney to prepare a summary of the permit process. Mrs. Hayek commented on the various licenses obtained by realtors and said it is her understanding if this ordinance is approved they will have to obtain a business license, which she feels would be a burden on the realtors. Mayor Barb stated for the record that the Ordinance being adopted does not deal with the permit procedures that Mrs. Hayek discussed. The Ordinance 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. Ms. Eleanor Lindenfeld, 8846 Manzanar, said most of the people in real estate reside in the City and have their licenses and pay fees and dues, and they should not be required to obtain a permit to do further business. Mr. Newton explained the Code provides for issuance of the permit by the Police Chief, and in his opinion, it would not be possible for the City to impose that requirement upon persons who would not have established businesses in the City. AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb Mayor Barb declared a recess from 9:25 p.m. to 9:50 p.m. The meeting resumed with all Council Members present. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Items VIII-A-I, Minutes of Adjourned Regular Meeting of May 28, 1985, and VIII-A-2, Minutes of Adjourned Regular Meeting of May 28, 1985, were removed at the request of Councilman Santangelo. CONSENT CALENDAR It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Adjourned Regular Meeting of May 31, 1985. Correspondence from Recreation and Community Services Commission regard- ing Wilderness Park - Proposed Auto Mall. Correspondence from Geophysical Service, Inc., regarding Survey within City Limits. (Referred to staff). Council Minutes 6/11/85 -7- Legal Claims for Rejection: Ref. #687-B, James Tiiman; Ref. #716, K. Louise Klombies; Ref. #722, Alicia Fortis; Ref. #724, James E. Giannatti, Lupe Licon & Cecil John Torres, aka Peter Lopez; and Ref. #726, Joanna Szondy - Application for Late Claim was approved/Late Claim was rejected. 1985-86 Fiscal,Year Budget: Hearing set for 7:30 p.m., June 25, 1985, in the Council Chamber of Downey City Hall. 1985-86 Use of Revenue sharing: Hearing set for 7:30 p.m., June 25, 1985, in Council Chamber of Downey City Hall. Appeal, Zone Variance No. 383, 8425 Firestone Boulevard: Hearing set for 7:30 p.m., June 25, 1985, in Council Chamber of Downey City Hall. Medical Insurance Claims Administration: Authorize renewal of the contract with James Benefits which provides for a 2.5 percent increase in the service fee for fiscal year 1985-86. RESOLUTION NO. 4589 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROPOSING TO ANNEX CERTAIN AREAS INTO THE LIGHTING MAINTENANCE DISTRICT A.D. 121 AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (ANNEXATIONS 85/07 THROUGH 85/29) RESOLUTION NO. 4590 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 ANNEXATIONS 85/07 THROUGH 85/29 RESOLUTION NO. 4591 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 (ANNEXATIONS 85/07 THROUGH 85/29) (sets the hearing for June 25, 1985) RESOLUTION NO. 4592 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 85/06) LUXOR STREET BETWEEN RYERSON AVENUE AND THE WEST CITY LIMITS RESOLUTION NO. 4593 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 ANNEXATION 85/06 - LUXOR STREET BETWEEN RYERSON AVENUE AND THE WEST CITY LIMITS RESOLUTION NO. 4594 A RESOLUTIOR OF THE CIT7 COUijC.¢, OF THE CIa3 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 85/06 - LUXOR STREET BETWEEN RYERSON AVENUE AND THE WEST CITY LIMITS) (sets the hearing for June 25, 1985) AYES: 5 Council Members: It was moved by Councilwoman passed by the following vote to Meeting of May 28, 1985 and Regular Davila, Santangelo, Boggs, Cormack, Barb Boggs, seconded by Councilman Cormack, and approve the Minutes of Adjourned Regular Meeting of May 28, 1985. Council Minutes 6/11/85 AYES: 4 Council Members: Davila, Boggs, Cormack, Barb ABSTAIN: 1 Council Member: Santangelo ORAL COMMUNICATIONS - Items not on Agenda Mr. Lennie yhittington, 8542 Manatee, said late 1984 discussion was held regarding personal use of City Vehicles by Department Heads which was continued to February or March when the Management Compensation Plan for Department Heads would be considered. He inquired regarding the status of this matter. To be discussed at the June 17th Budget Study Session. Mr. Whittington said it was his understanding City Manager Bud Ovrom left the City June 1st. Mayor Barb explained Mr. Ovrom officially left the City June 9th, using his last week as accrued vacation time. Mr. Whittington mentioned he noticed a City vehicle still being used by Mr. Ovrom, to which Mayor Barb replied Mr. Ovrom was still on the payroll until June 9th. RESOLUTIONS: None ADMINISTRATIVE REPORTS SS Project #365, Firestone/Brookshire Widening When it was indicated this matter will be removed from the Agenda at the request of the Director of Public Works, Councilman Santangelo mentioned there were people present in the audience concerning this matter. Councilman Cormack said instructions have been that there will be no widening of Brookshire. He mentioned if the Council does not approve this project and finds out a mistake was made, it can always be approved later. Mr. Ralph stated the Council can direct him to award a contract and make certain modifications. There are three alternatives staff wishes to present to Council. The contractor is agreeable to waiting for two weeks. Removed from the Agenda. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by unanimous vote to direct staff to delete the work proposed at Golden Park from plans and specifications and approve the remaining plans and specifications on Parks Lighting Projects for installation of a sports lighting system at Independence Park and the upgrading of existing lighting facilities at Rio San Gabriel Park and the Columbus Sport Facilities and grant authority to advertise for bids (Account Nos. 21-17154, 28-20321, 28-20318, and 28-20315). It was moved by Councilman Santangelo, seconded by Councilman Davila, and passed by the following vote to approve the following 1984-85 Supplemental Appropriations. It was indicated Proposition A funds will be used for Transit Workers Compensation. 10-4-1130-010 (City Clerk Salaries) $ 5,000 10-4-1130-700 (Election Costs) 9,000 10-4-1120-472 (General Litigation) 140,000 55-4-6220-760 (Transit Workers Comp.) 46,000 65-4-3121-720 (Civic Center Insurance) 33,100 AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb It was moved by Councilwoman Boggs and seconded by Councilman Cormack to approve the award of contract to Imperial Tenant Development Corporation, the low responsible bidder, for furnishing and installing Mini -Blind Window Coverings (Bid D) for $10,150. The project will be paid with Civic Center Funds. Council Minutes 6/11/85 -9- Responding to questions, Mr. Powell explained the company is one of the largest wholesalers of mini -blinds. He also commented that the reflective ability of the blinds would be minimal in terms of energy savings. Mayor Barb and Councilwoman Boggs prefer drapes over mini -blinds. Councilmen Davila and Cormack concur favor mini -blinds. Mr. Ralph commented on estimated cleaning needs of mini -blinds, and with lack of smoking in the building it is felt cleaning would be minimal. Speaking from the audience, Barbara Hayden questioned whether vertical blinds had been considered and said there should be less maintenance involved. Mr. Ralph replied there would be a hanging problem with vertical blinds. AYES: 3 Council Members: Davila, Santangelo, Cormack NOES: 2 Council Members: Boggs, Barb It was moved by Councilman Cormack and seconded by Councilwoman Boggs to reconsider and go from horizontal to vertical blinds. It was pointed out there were no bids for horizontal blinds. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to amend the motion to instruct staff to come back with a price difference for vertical blinds and hold action until a report is brought back. AYES: 4 Council Members: Santangelo, Cormack, Boggs, Barb NOES: 1 Council Member: Davila Mr. Cutts outlined a possible Commercial Revitalization Demonstration Project on Firestone Boulevard between Downey and LaReina, for upgrading the central business district. Public improvements would include providing benches, trees on a periodic basis, bicycle racks where possible, and some improvements along LaReina. The private improvements would include upgrading the facade, working on a uniform signage program, upgrading the rear of the buildings, and providing awnings that would be consistent in terms of their appearance along the street in that block. He commented on staff's involve- ment in working out details of the project and of a subsequent decision of a property owner to not incur expense of upgrading the parking lot and request- ing the parking lot be removed. Mr. Cutts also discussed the loan and rebate program which has been offered to the property owners at 9-3/4 percent through Downey Savings & Loan, with the City covering 60 percent of the cost through a rebate to the property owners. An economic analyst was hired and asked about what the City could expect in an increase in sales, and it is estimated there would be a 20-25 percent increase. Mr. Cutts said this would be an investment in the community, and all of the property owners in this project have signed Owner Participation Agreements; two have submitted credit applications; and two others may opt to not go with the loan program. It was moved by Councilman Cormack and seconded by Councilman Santangelo to: (1) Approve the revised project as presented in the staff memorandum and direct staff to apply the balance of the special one-time CDBG (Job's Bill) funds to the public works improvement to be done in conjunctin with the Commercial Revitalization Demonstration Project; (2) Authorize staff to con- clude contract negotiation and authorize the City Manager to execute necessary contracts and agreements with property owners, contractors and contract administrators; and (3) Approve the Commercial Revitalization Demonstration Project as described in the staff memorandum, conditional upon the property owner's submit'.al of all required documents to the participating lender for final loan approval no later than 45 days after Council's acceptance of the project as described. (See amendment to the motion.) Councilwoman Boggs expressed concern about what the project looks like. Mr. Cutts replied there are no final drawings at this point, they have all been conceptual in nature. Once staff receives the final concept drawings, they will be brought back for Council approval. It was moved by passed by unanimous approval of the final Councilwoman Boggs, vote to amend the concept drawings. seconded by Councilman Cormack, and motion contingent on the Council's Council Minutes 6/11/85 -10- The original motion, as amended, was then passed by unanimous vote. ORAL COMMUNICATIONS - Staff Members: None ORAL COMMUNICATIONS - City Council Councilman `Santangelo expressed concern regarding a development at the corner of Telegraph and Paramount where the Edison Company installed trans- formers at the curb line in view of the public. He requested this and other requirements for future subdivisions be reviewed by the Design Review Board and policies established. Mr. Cutts stated the Design Review Board has discussed this problem and it will become policy. Councilman Santangelo asked that the study on newsracks be brought to the Council's next meeting in closed session. Councilman Davila referred to the problem of overgrown weeds on property, particularly on Downey Avenue and Stewart & Gray. Mr. Ralph responded staff is working on the Weed Abatement Program and will be instructed to put more emphasis on this matter. Councilman Cormack asked if businesses in the City have an option of pay- ing a flat rate or on gross receipts for their business licenses. He has been informed that some businesses do not wish to show anyone their books on gross receipts. Mr. Powell explained the procedure for many years by Code, whereby all businesses were required to pay their taxes on a gross receipt basis. This year on a pilot project basis the City sent out to selected businesses a letter requesting they provide acceptable proof of gross receipts, and it was discovered that several businesses have reported their receipts correctly, while others have not, which required payment adjustments. He noted that other cities have different kinds of business license taxes. The Code requires that a person can be audited and must provide books to the City if requested on an audit basis. Mr. Newton mentioned there have been a number of court challenges on the imposition of business license tax on a flat rate basis, particularly where there are multi -city or multi -county operations of a business. The approved form of taxation for those businesses, through court decisions, is the gross receipts basis. Mayor Barb reported on complaints received regarding a Caltrans storage lot on the north end of Manzanar on the south side of the freeway and said he would be willing to send a letter on this matter. Mr. Ralph said the property is owned by Caltrans, and it is his under- standing the material is from a Sanitation District project. Staff will prepare a letter asking that it be removed. Councilwoman Boggs asked if staff can start the process of possible Project Area Amendments without direction from the Council. Mr. Cutts replied staff has some survey areas in mind and has talked to some developers interested in projects not in the Project Area that would be beneficial to the Redevelopment Plan. He can bring back a report to the Council on the survey areas, one of which is on north side of Firestone Boulevard. Councilwoman Boggs indicated she has some to be looked at where time is of the essence, and she would like to discuss it at the June 17th Budget Study Session. Mr. Newton advised this would be appropriate discussion for a Community Development Commission meeting. Mayor Barb asked that this matter be tentatively placed on the June 25th Agenda for the Community Development Commission. Council Minutes 6/11/85 -11- Councilman Davila inquired if there will be a Fireworks Snap at Warr,a High Schuol, the n=jec• o" Fireworks Stands in the City, and whether the=e have been any publications on illegal fireworks. He was informed the Fi,a- works Show is scheduled again for this year; there will be 19 Fireworks Stands; there will be press releases; and during the fireworks period there will be extra patrol_by fire and police units. Mr. John Schrader, 9355 Washburn, representing the Downey Jaycees, commented on the planned July 4th celebration and Fireworks Show to be held at Warren High School. ORAL COMMUNICATIONS - Audience Barbara Hayden, 9341 Parrot Avenue, presented for the record a memo dated April 26, 1985, from Mr. Robert Thompson of the Capital Projects Division of Los Angeles County concerning potential land uses for vacant Rancho Los Amigos property, which include a 1,000-Bed Regional Jail facility and a toxic waste storage facility for the Agricultural Commissioner of the County. She believes both of these uses pose a definite threat to the community and she requested the Council take this into consideration in any future deliberations the City has with the County. ADJOURNMENT: 10:42 p.m. The meeting was adjourned to 4:00 p.m., June 17, 1985, in the Council Chamber of Downey City Hall, for Budget Study Session, Robert L. and, ity Clerk -Treasurer Randall R. Barb, Mayor Council Minutes 6/11/85 -12-