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HomeMy WebLinkAboutMinutes-06-25-85-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 25, 1985 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Amendment to DMC re Ambulance Services in H-M Hospital Medical -Arts Zone: Motion to not allow — ambulances in the H-M Zone Failed 1 Res. #4595, Apprvg. Zone Variance #383, 8425 Firestone Bl. Adopted 4 Hearing on Proposed Use of City's General Revenue Closed; no action Sharing Funds for 1985-86 Fiscal Year required 4 Res. #4596, Adopting Fiscal Year 1985-86 Budget w/Implementing Documents Adopted 4 Res. #4597, Ord. Annexatn. into Ltg. Maint. Dist. AD 121 (85/07 - 85/29) Adopted 5 Res. #4598, Ord. Annexatn. into Ltg. Maint. Dist. AD 121 (Annex. 85/06, Luxor St. bet. Ryerson Av. & West City Limits) Adopted 5 Removal of Items from Consent Calendar 6 Minutes, Adj. Reg. Mtg., June 11, 1985 Approved 6 Rejection of Legal Claims: Ref. #725, Capobianco; & Ref. #727, Odling Approved 6 — General Warrants: #6347 - 6803 Approved 6 Library Adv. Bd. - Change of Meeting Time: Establish 3rd Tuesday of each month @ 7:00 p.m. as date & time for regular meetings Approved 6 Appeal, Zone Variance #387, 8614-18 Cavel St. Hearing set for 7/9 6 Res. #4600, Apprvg. Reapptmt, of Barbara Hayden to Planning Comm., Dist. 3 Adopted 6 Res. #4601, Apprvg. Reapptmt. of Daniel J. Wilson to Personnel Adv. Bd., Dist. 5 Adopted 6 Res. #4602, Apprvg. Reapptmt. of Alfred D'Alessandro to Building Appeals -Design Rev. Bd., Dist. 5 Adopted 6 Res. #4603, Apprvg. Reapptmt. of Frank Sheldon to Bd. Bldg. Appeals -Design Rev. Bd., Dist. 3 Adopted 6 Res. #4606, Apprvg. Apptmt. of Norman Horney to Bd. Bldg. Appeals/Design Rev. Bd., Dist. 1 Adopted 6 — Res. #4607, App,rvg. Reapptmt. of Judy Ray to Library Adv. Bd., Dist. 2 Adopted 6 Res. #4608, Apprvg. Reapptmt. of Sergio Diaz to Recreation & Comm. Services Comm., Dist 2 Adopted 7 Res. #4609, Apprvg. Reapptmt. of David Ray to Personnel Adv. Bd., Dist. 2 Adopted 7 Minutes: Adj. Reg. Mtg., June 11, 1985 Approved as corrected 7 Res. #4599, Apprvg. & Adopting Annual Appropria- tions Limit for FY 1985-86 Adopted 7 Page 1 of 3 COUNCIL MINUTES, JUNE 25, 1985 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #4604, Granting Zone Variance #384 (8247-53 Gardendale St.) Adopted 7 Res. #4605, Granting Apprvg. of Tentative Tract #44089 (8247 Gardendale St.) Adopted 7 Minutes, Adj. Reg. Mtg., June 11, 1985 Corrected 8 Joy Barnison re State proposal to acquire apartment complex on Telegraph Rd. 8 Myrtle Risley re cirulation of petitions for street lights 8 David Ray admonished Council for not allowing him to ask questions at Budget hearing 8 Lennie Whittington re remarks during hearing on ambulance service in H-M Zone & study on use of City vehicles by Dept. Heads 8 Lennie Whittington inq. re report on in-house attorney & correct procedure to overturn Council's decision on ambulance use in H-M zone 8 Ord. amending DMC re Peddlers & Solicitors Introduced 8 Ord. amending DMC re Sanitation Service Charges Introduced 9 Res. #4610 (A), Amending Sanitary Sewer Charges Adopted 9 Res. #4611, designating Redevelopment Survey Areas for Study Purposes (Redev. Plan Amndmt. #4-A) Adopted 10 Res. #4612, designating Redevelopment Survey Areas for Study Purposes (Redev. Plan Amndmt. #4-B) Adopted 11 Res. #4613, designating Redevelopment Survey Areas for Study Purposes (Redev. Plan Amndmt. #5-A) Adopted 11 Window Coverings for City Hall: Vertical Aluminum Blinds Approved 11 SS Proj. #365, Firestone Bl./Brookshire Av. Widening: Award of contract with deletion of Brookshire Av. Approved 11 Petition to prohibit overnight parking on S/s Buckles St. from Lakewood to Vultee & instruct staff to prepare resol. auth. posting of tam to 6pm no parking restriction Approved 11 Loan Agmt. - Operative Agmt. #9, to be repaid upon receipt of proceeds from close of Cardono and/or Shepherd escrow Approved 11 Six-month interim contract for landscape maint. of Rio Hondo Golf Course to Satsuma Landscape & Maintenance Approved 12 Req. for Geophysical Survey on Paramount B1., Florence Av., & Studebaker Rd.: Direct Dept. Pub. Wks. issue permit Approved 12 Cn. Santangelo re "deep pocket" legislation 12 Closed session 12 Page 2 of 3 COUNCIL MINUTES, JUNE 25, 1985 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT Meeting adj. to 6:30 p.m., July 9, 1985, for closed session special meeting to be held on July 2, 1985, for Council Reorganization ACTION PAGE NO. 12 12 Page 3 of 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 25, 1985 The City Council of the City of Downey held a regular meeting at 8:15 p.m., June 25, 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 Vicky Jenkins, City Librarian William Sumner, Fire Marshal Scot Yotsuya, Assistant to the City Manager Robert L. Shand, City Clerk -Treasurer Jeanne Cook, Deputy City Clerk -Treasurer INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend Gary Swearingen, First Christian Church. The Flag Salute was led by Councilwoman Boggs. PRESENTATIONS: None HEARINGS Mayor Barb opened the hearing on proposed Amendment to Downey Municipal Code pertaining to Ambulance Services in the H-M Hospital Medical -Arts Zone, which was continued from the meeting of June 11, 1985. Mr. Cutts reported on the proposed code amendment, the hearing on which is being held in conjunction with Zone Change 220 on Iowa Street changing the zone from Hospital Medical Arts to C-P (Professional Office). Staff concurs with the zone remaining as is, and the properties to the east reflect the H-M zoning classification. He commented on Ordinance 742 adopted in 1983 allowing ambulance service in the H-M zone with a conditional use permit, which affords the Planning Commission or Council the discretion to review the request on an individual basis. Mayor Barb inquired if the City Clerk had received any correspondence, and the response was no. Councilwoman Boggs presented correspondence received on March 19th from Michael Rosenberg expressing concern to Zone Change No. 220. Mayor Barb asked if there was anyone present to speak to the proposed amendment. Mr. Jack Marshall, read a letter from Daisy N. Thompson, property owner at 8312 Iowa Street, requesting consideration in her favor so that she can close escrow on her property. Mr. Charles Jorgensen, President of Adams Ambulance Service, 8633 California Avenue, South Gate, commented on the rules and regulations under which the company must operate and respond to calls for service. He also mentioned the company is also under contract with Downey Community Hospital and that they have been serving the community for over 35 years. Mr. Jorgensen discussed the use of sirens and said to the best of his knowledge there have been no major complaints from citizens or businessmen at the Council Minutes 6/25/85 -1- company's present location on Firestone Boulevard. He also quoted from a con- versation he had with Mr. Lennie Whittington prior to a Council Meeting, wherein Mr. Whittington informed him his business was not wanted in Downey, and that later in the meeting the Council took action to refer this matter back to the Planning Commission for reconsideration of rezoning the Iowa Street property from H-M back to C-P. Mr. Jorgensen recommended leaving Iowa Street zoning as -is for H-M and leaving Ordinance No. 742 as -is allowing ambulance service by conditional use permit in the H-M zone. Also, since Councilman Davila addressed the Planning Commission against ambulance service on the Iowa Street property, he should voluntarily abstain from voting on this matter. Mr. Lennie Whittington, 8542 Manatee, said he did not make the statement referred to by Mr. Jorgensen. He commented regarding the noise emanating from ambulance sirens when bringing patients to the Downey Community Hospital. Mr. Whittington expressed opposition to allowing ambulance service in the H-M zone because the area under consideration contains small single family homes. He also commented on a petition circulated in opposition to ambulance service at the subject location and discussed the development of surrounding properties. For the record, Mr. Shand read a letter from Downey Retirement Center expressing concern to establishment of an ambulance service on Iowa Street. Mr. Juarez, 8326 Iowa Street, said in 1983 over 40 people signed the petition in opposition. Mr. David Ray, 7338 Nada, said the Planning Commission has indicated it wants to study the entire area for rezoning. To have ambulance service in the area would cause homeowners to lose their privacy. Mr. Jorgensen said a majority of residents in the area are not owners, they are renters. He has been assured by the director of the Downey Retire- ment Center that their opposition was strictly to the noise factor, and it was anticipated the area would be developed into a convalescent center. Responding to questions, he explained that across from the subject property is an industrial plant, three or four small houses, and a manufacturing plant. Mr. Whittington mentioned the Downey Retirement Center previously opposed an ambulance service on the subject property and that the Adams Ambulance headquarters is located in South Gate in a commercial zone. Plus the contract with the City runs out in 1986. Joy Barneson, 8064 Dacosta, said her business is located next to Adams Ambulance and that the ambulance does not use its siren until it clears traffic. Sirens have never interrupted her business. 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. Councilman Davila asked if Mr. Jorgengsen intends to close the Adams Ambulance business in South Gate if they move to Downey, and Mr. Jorgensen replied no. Mr. Newton was asked to clarify whether Councilman Davila has a conflict of interest on this matter, and he replied the only basis on which Councilman Davila would have a conflict of interest is if he had a financial interest in the matter before the Council. It is his understanding Councilman Davila's appearance at the Planning Commission meeting was as an individual and not as a member of the Council, and that right is reserved to members of the Council to appear before other public agencies to pursue an interest. Councilman Davila said he has no interest other than to look after the interests of Downey citizens and noise pollution that may disturb peace and quiet of the neighborhood. Councilman Santangelo feels that allowing ambulance service at the subject location would have a detrimental effect on the entire area and would disturb residents far more than people in a commercial area. He pointed out he has never heard complaints regarding the quality of service by Adams Ambulance and is opposed to having ambulance service in a specific H-M zone. It was moved by Councilman Santangelo and seconded by Councilman Davila to not allow ambulances to operate in the H-M zone. Council Minutes 6/25/85 -2- Mr. Newton said that would be to delete Sub -section (j) of 9118.08 of the Downey Municipal Code. During discussion, he explained that although much of the testimony and comment has been related to a specific property, the motion before the Council is to delete ambulance service pursuant to conditional use permit in the Hopsital -Medical zone, wherever that zone exists in the City, and not just related to this specific property. AYES: 2 Council Members: Davila, Santangelo NOES: 3 Council Members: Boggs, Cormack, Barb Failed. Mayor Barb opened the hearing on Zone Change Case No. 220, 8312 Iowa Street, which was continued from the meeting of May 28, 1985. He inquired if the City Clerk had received any correspondence, and the response was no. Mayor Barb then asked if there was anyone present who wished to speak. Mr. Newton advised that the Council may deem, with the consent of those who testified in the prior hearing, that all testimony received in that hearing relates to this subject as well, which would be incorporated in this hearing and included in the record. It was moved by Councilman Cormack and seconded by Councilman Santangelo to close the hearing. It was moved by Councilman Cormack to deny the request to change the zone from H-M to C-P. The Chair accepted the motion. During discussion, Councilwoman Boggs said a roofing company, in which she owns stock, has bid on roofing for Adams Ambulance, and she asked if it would preclude her from voting on this matter. Mr. Newton replied not unless there is income which has been received by the company within the past 12 months in excess of $250. Councilwoman Boggs said there has been no income received at this point in time, and she feels the Council has set a bad precedent of re -hearing cases agreed upon by another Council. She is also concerned about the location of the property in view of older residents in the area. Councilman Santangelo concurred but said the Council cannot turn a deaf ear to people's concerns. Comments were raised regarding the petition previously presented contain- ing 41 signatures. Another copy was presented by Mr. Whittington for the record. Further discussion ensued regarding location and size of the property. AYES: 3 Council Members: Boggs, Cormack, Barb NOES: 2 Council Members: Davila, Santangelo Mayor Barb declared a recess from 9:40 p.m. to 10:00 p.m. The meeting resumed with all Council Members present. Mayor Barb opened the hearing on Appeal to Zone Variance No. 383, 8425 Firestone Boulevard. He inquired if the City Clerk had the Proof of Publica- tion, and the response was yes. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and so ordered to receive and file the Proof. Mr. Cutts reported on the request for an outdoor banner in excess of the allowed number of days as set forth in the Sign Ordinance, which allows a banner to be displayed four times a year not to exceed 30 days at a particular time. The requested time period is approximately 90 days, commencing on July 1st until such time as the Hotel is opened in October. Staff recommends denial of the zone variance, and he pointed out that certain findings of hardship for the granting of a variance havenot been provided in this case. Mayor Barb inquired if the City Clerk had received any correspondence, and the response was no. Council Minutes 6/25/85 -3- The applicant was then asked to come forward and present his case. Ms. Cladia Tropila, representing Downey Hometel Associates, 450 Newport Center Drive, Newport Beach, said it is proposed to have a banner with a white background and black printing. It is anticipated the hotel will open sometime in September and hoped the banner will create some anticipation among people in the community. When asked if the banner would be removed on the day of the opening, she replied it is anticipated the sign would come down when the permanent sign is installed. Mr. Cutts commented on a proposed permanent sign now under consideration by the Design Review Board and mentioned there has not been an agreement with the Hotel organization, which will eventually come before the Council. The hotel sign would be shared with the City. 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. Discussion followed. When asked about the ramifications of granting a variance, Mr. Newton explained a variance is considered a unique consideration with respect to the facts presented in each case. The granting of a variance in one case does not establish a precedent for the granting of another. It was moved by Councilman Santangelo and seconded by Councilman Davila, that for a period of not to exceed 90 days from July 1, 1985, Hometel be allowed to put a 4' x 38' banner signifying "Embassy Suites Opening Soon." RESOLUTION NO. 4595 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING ZONE VARIANCE NO. 383 The Resolution was read by title only. It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Davila, Santangelo, Boggs, Cormack NOES: 1 Council Member: Barb Mayor Barb opened the hearing to provide an opportunity for citizens of Downey to present written or oral input on Proposed Use of the City's General Revenue Sharing Funds for the 1985-86 Fiscal Year. He inquired if the City Clerk had the Proof of Publication, and the response was yes. There being no one present to speak to the proposed use of Revenue Sharing Funds, it was moved by Councilman Cormack, seconded by Councilman Santangelo, and so ordered to close the hearing. No Council action was required. Mayor Barb opened the hearing on 1985-86. He inquired if the City Clerk response was yes. City of Downey Budget for Fiscal Year had the Proof of Publication, and the It was moved by Councilman Cormack, seconded by Councilman Santangelo, and so ordered to receive and file the Proof. Mayor Barb asked if there was anyone present to speak to the Budget. Mr. David Ray, 7338 Nada, and Lennie Whittington, 8542 Manatee, raised questions regarding certain portions of the budget. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and so ordered to close the hearing. RESOLUTION NO. 4596 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE FISCAL YEAR 1985-86 BUDGET WITH IMPLEMENTING DOCUMENTS Council Minutes 6/25/85 -4- v 5 The Resolution was read by title only. It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by the following vote to waive further reading and to adopt. Councilman Santangelo mentioned he has received calls and complaints relative to the amount of time it takes for a contractor to get plans in and out of the Building Department. He is concerned about the July lst require- ment regarding properties that have had alterations or remodeling done and the imposition it will possibly have on the Building Department counter. He suggested this might require hiring an additional person for the purpose of plan check and asked Mr. Cutts to do a study of the time it takes to process plans. In response to a question, Mr. Cutts discussed proposed staffing of the Planning Division. AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb Mayor Barb opened the hearing on Lighting District Annexations 85/07 through 85/29. He inquired if the City Clerk had the Affidavit of Posting of Notice and Proof of Publication, and the response was yes. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and so ordered to receive and file the Affidavit and Proof. Mayor Barb asked if the City Clerk had received any written protests or objections, and the response was no. Mayor Barb then inquired if there was anyone present to speak in protest to the Annexation. Mr. William Leitner, 9241 Guatemala Avenue, asked if this will show as an increase on the tax bill, and he was told this involves individual owners who are putting in street lights. There being no one else wishing to speak, it was moved by Councilman Davila, seconded by Councilwoman Boggs, and so ordered to close the hearing. RESOLUTION NO. 4597 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING ANNEXATION OF CERTAIN AREAS 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 (ANNEXATIONS 85/07 THROUGH 85/29) 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. Mayor Barb opened the hearing on Lighting District Annexation 85/06, Luxor Street between Ryerson Avenue and the West City Limits. 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. Mayor Barb asked if the City Clerk had received any written protests or objections, and the response was no. There being no one present to speak in protest, it was moved by Councilman Cormack and seconded by Councilman Davila to close the hearing. RESOLUTION NO. 4598 A RESOLUTION OF THE CITY COUNCIL 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 85106 - LUXOR STREET BETWEEN RYERSON AVENUE AND THE WEST CITY LIMITS) Council Minutes 6/25/85 -5- `7�1 e6 The Resolution was read by title only. It was moved by Councilman Santangelo, seconded by Councilman Davila, 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 REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-A-2, Minutes of Regular Meeting, June 11, 1985, was removed at the request of Councilwoman Boggs. Agenda Items VIII-G-I, Resolution on 1985-86 Appropriation Limit; and VIII-G-6, Resolution granting Zone Variance 384 and Tentative Tract Map 44089, were removed at the request of Councilman Davila. CONSENT CALENDAR It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes, Adjourned Regular Meeting of June 11, 1985. Legal Claims for Rejection: Ref. #725, Mildred Capobianco; and Ref. #727, James Michael Odling. General Warrants: #6347 - 6803: $1,250,021.43. Library Advisory Board - Change of Meeting Time: Establish the third Tuesday of each month at 7:00 p.m. as the date and time for the regular meetings of the Library Advisory Board. Appeal, Zone Variance No. 387, 8614-18 Cavel Street: Hearing set for 7:30 p.m., July 9, 1985, in the Council Chamber of Downey City Hall. RESOLUTION NO. 4600 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF BARBARA HAYDEN TO THE PLANNING COMMISSION FROM COUNCILMANIC DISTRICT NO. THREE RESOLUTION NO. 4601 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF DANIEL J. WILSON AS A MEMBER OF THE PERSONNEL ADVISORY BOARD FROM COUNCILMANIC DISTRICT FIVE RESOLUTION NO. 4602 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF ALFRED D'ALESSANDRO AS A MEMBER OF THE BUILDING APPEALS -DESIGN REVIEW BOARD FROM COUNCILMANIC DISTRICT FIVE RESOLUTION NO. 4603 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF FRANK SHELDON AS A MEMBER OF THE BOARD OF BUILDING APPEALS -DESIGN REVIEW BOARD FROM COUNCILMANIC DISTRICT THREE RESOLUTION NO. 4606 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF NORMAN HORNEY AS A MEMBER OF THE BOARD OF BUILDING APPEALS/DESIGN REVIEW BOARD FROM COUNCILMANIC DISTRICT ONE RESOLUTION NO. 4607 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF JUDY RAY AS A MEMBER OF THE LIBRARY ADVISORY BOARD FROM COUNCILMANIC DISTRICT TWO Council Minutes 6/25/85 -6- IMi RESOLUTION NO. 4608 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF SERGIO DIAZ AS A MEMBER OF THE RECREATION AND COMMUNITY SERVICES COMMISSION FROM COUNCILMANIC DISTRICT TWO RESOLUTION NO. 4609 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF DAVID RAY AS A MEMBER OF THE PERSONNEL ADVISORY BOARD FROM COUNCILMANIC DISTRICT TWO AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb Minutes, Regular Meeting of June 11, 1985 Councilwoman Boggs referred to page 5, next to last line, and said the word "not" should be deleted. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by unanimous vote to approve the Minutes as corrected. RESOLUTION NO. 4599 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 1985-86 Responding to a question, Mr. Powell explained the increase in the appropriations limit, which he said is determined by provisions of State Constitutional Amendment XIII-B. The City receives a letter each year from the State Department of Finance advising of the amount the City can use to increase the limits pursuant to the Constitution. The Resolution was read by title only. It was moved by Councilman Davila, seconded by Councilman Santangelo, and passed by unanimous vote to waive further reading and to adopt. Councilman Davila expressed his opposition to Zone Variance No. 384 at 8247-53 Gardendale Street. Councilman Santangelo inquired regarding the requirement for a common area and homeowners association, and he was informed the requirement is met in the Resolution on the Tentative Tract. RESOLUTION NO. 4604 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING ZONE VARIANCE NO. 384 (8247-53 Gardendale Street) The Resolution was read by title only. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila RESOLUTION NO. 4605 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING APPROVAL OF TENTATIVE TRACT NO. 44089 (8247-53 Gardendale Street) The Resolution was read by title only. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila Councilman Davila indicated his "no" vote on both Resolutions pertained only to their adoption. Council Minutes 6/25/85 -7- 7�168 Mr. Shand indicated that on Agenda Item VIII-A-1, Minutes of Adjourned Regular Meeting of June 11, 1985, the time shown on the second line should read "6:00 p.m." instead of "6:30 p.m.." So ordered by the Mayor. ORAL COMMUNICATIONS - Items not on Agenda Ms. Joy Barnison, (inaudible address), commented on a letter from State Senator Paul Carpenter advising of the State proposal for acquisition of an apartment complex on Telegraph Road for housing of felons to be released in 90 to 120 days from the State penitentiary. She was informed by Police Chief Martin he has been assured by the Department of Corrections that the State is no longer considering this location for a half -way house and he anticipates a letter of verification on this matter. Mrs. Myrtle Risley, 7938 Phlox Street, mentioned there have been disparaging remarks about people circulating petitions requesting installation of street lights at City expense. She said the petition she circulated for Phlox Street was done at the request of the City. Councilwoman Boggs said she just recently learned Zone IV was building up funds and that the excess moneys were used to pay for street lights. Mr. David Ray, 7338 Nada, admonished the Council for not allowing him to ask questions regarding the Budget hearing, and he expressed his views to other matters he feels were not handled as indicated. Councilman Santangelo responded to comments of Mr. Ray. Mayor Barb explained he was attempting to conduct a hearing in a way that the Council can make decisions and he felt the questions were aimed at City personnel rather than Council Members. Councilwoman Boggs also responded to comments by Mr. Ray. Councilman Davila offered to meet and discuss this matter with Mr. Ray. Mr. Lennie Whittington, 8542 Manatee, referred to remarks of Mr. Jorgensen directed toward him during the hearing on ambulance service in the H-M zone. He also referred to the expressed intent of the Council to review use of City vehicles by department heads at the next budget study session, which has just passed, and he asked when this will be discussed. Mayor Barb said it was discussed in a limited way, plus at one time it was suggested bringing it up when management compensation is considered. Mr. Whittington then mentioned there have been various inquiries of the Council for a report on an in-house attorney. He was informed a report is being worked on. Mr. Whittington asked about the correct procedure to overturn the Council's decision on ambulance use in the H-M zone. Mr. Nerwton replied if a resolution or ordinance is adopted it would be subject to referendum. The action taken tonight was to deny introduction of the ordinance, which is a matter that could be the subject of a referendum 30 days from today's date in which to present a referendum petition. Mayor Barb declared a recess from 11:35 p.m. to 11:45 p.m. The meeting resumed with all Council Members present. ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING CHAPTER 5, PART 1, SECTION 6500 OF ARTICLE VI OF THE DOWNEY MUNICIPAL CODE RELATING TO PEDDLERS AND SOLICITORS The Ordinance was read by title only. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and passed by the following vote to waive further reading and to introduce. Councilman Santangelo stated in order that no one could construe he has a conflict of interest since he is a realtor, he will abstain from voting on the Ordinance. Council Minutes 6/25/85 -8- When asked about the no soliciting provision, Mr. Newton explained it is contained in another section of the code. This ordinance pertains only to solicitation for commercial purposes and not to non-profit organizations. AYES: 3 Council Members: Boggs, Cormack, Barb NOES: 1 Council Member: Davila ABSTAIN: 1 Council Member: Santangelo ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 7254 OF THE DOWNEY MUNICIPAL CODE RELATING TO SANITATION SERVICE CHARGES The Ordinance was read by title only. It was moved by Councilman Cormack, seconded by Councilman Davila, and passed by unanimous vote to waive further reading and to introduce. RESOLUTIONS RESOLUTION NO. 4610 (A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SANITARY SEWER CHARGES It was indicated the bi-monthly charge for 8" meter size should read $36.20 instead of $35.20. The Resolution was read by title only. It was moved by Councilman Cormack and seconded by Councilwoman Boggs to waive further reading and to adopt. (See later motion.) Councilman Santangelo mentioned that since Lexington Road is included in the recommendation, he will abstain from voting so that it cannot be con- strued he has a conflict of interest. Mr. Ralph said he does not think there would be a conflict in that the sewer project is to relieve a line on Downey Avenue that has no benefit what- soever to any individual on Lexington Road, but is of benefit to a large area that uses Downey Avenue. It would be beneficial to all property owners who live within the sewer drainage area. Mr. Newton concurred there would not be a conflict of interest. Mr. Powell mentioned two resolutions are presented outlining options for sewer charges. One follows the existing format for charging the sewer fee based on meter size, while the other bases the fee on water usage with a $.50 per bi-monthly minimum. He responded to questions regarding the proposed charges. Mr. Ralph said from an engineering standpoint and direct benefit, the flat fee per meter size is recommended. Mr. Lennie Whittington, 8542 Manatee, requested consideration be given to senior citizens and handicapped. It was suggested a rebate be offered to senior and handicapped citizens. Councilman Cormack said his motion to waive and adopt pertained to Resolution (8) relating to basing the fee on water usage. It was moved by Councilwoman Boggs, seconded by Councilman Davila, and passed by the following vote to waive further reading and to adopt Resolution (A). AYES: 4 Council Members: Davila, Santangelo, Boggs, Barb NOES: 1 Council Member: Cormack Resolutions setting forth recommended Survey Areas - Redevelopment Plan Amendments 4 and 5 Councilwoman Boggs asked that another study area be added to include portions of Imperial Highway. She favors adopting areas for study but would like the Project Area Committee to review the areas before spending money for a consultant. Council Minutes 6/25/85 -9- ,77 �,C Councilman Cormack suggested including the portion of Telegraph Road which was proposed for a half -way house. Councilman Davila is opposed to the study because the City is already in debt over $5 million. Adding more areas could create opposition among the citizens, and he feels the City should utilize what it has now and go forward with the proposal of an auto mall. Councilwoman Boggs said an area along the north side of Firestone where there are some older motels should be looked at in conjunction with the auto mall. She asked that the proposed areas be considered separately. Mr. Cutts explained the Resolution on Amendment No. 4 contains Exhibits A for the northeast portion of Firestone Boulevard and Exhibit B for Woodruff Avenue. The recommendation is not to establish survey areas but to make determinations as to whether certain characteristics exist. Amendment No. 5 contains Exhibit A of the Rancho Los Amigos property, and the problems pre- viously identified for this property still exist. Councilman Santangelo said he will not vote on area 4 because it is across from his property. He then mentioned there are a number of other areas in the community that should be part of a redevelopment plan, and he does not feel several areas should be selected without looking at the City as a whole and then come back with properties that are viable for redevelopment. A discussion was held regarding the Project Area Committee review, but it was noted the Committee should be expanded to include people from proposed amendment areas. Mr. Newton stated this is preliminary --the first step in designating areas for amendment to the Redeveloment Plan, and once consideration and study is given to proposed areas, they can all be incorporated into the amendment. During discussion, it was decided to separate Amendment No. 4 into two resolutions. Mr. Lennie Whittington, 8542 Manatee, asked if the amendments would include any residential property with the idea of condemnation or eminent domain of single family homes that are owner -occupied. Mayor Barb replied most areas appear to be industrial, but if it does incorporate some residential, it has been the Council's position to not con- demn residential properties. Mr. Newton was asked if Amendment No. 5 would have any effect on the County's proposed development of the Rancho property, and he replied not until such time as the Council adopts a Plan. Mr. Cutts mentioned the first step in the Redevelopment Plan amendment process is a survey area analysis which would cost $7,000, and the process could be stopped at that point to amend. RESOLUTION NO. 4611 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING REDEVELOPMENT SURVEY AREAS FOR STUDY PURPOSES (Redevelopment Plan Amendment No. 4-A) 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. Joyce Lawrence, 9627 Cheddar Street, said she understands Rio San Gabriel Park is included, and she asked what implication would be involved. She was told there are some improvements needed on the park, and if it is included, it might be possible to obtain Redevelopment Funds for redevelopment purposes. AYES: 4 Council Members ABSTAIN: 1 Council Member: Davila, Boggs, Cormack, Barb Santangelo Council Minutes 6/25/85 -10- "? q / RESOLUTION NO. 4612 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING REDEVELOPMENT SURVEY AREAS FOR STUDY PURPOSES (Redevelopment Plan Amendment No. 4-B) 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: 3 Council Members: Boggs, Cormack, Barb NOES: 1 Council Member: Davila ABSTAIN: 1 Council Member: Santangelo RESOLUTION NO. 4613 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING REDEVELOPMENT SURVEY AREAS FOR STUDY PURPOSES (Redevelopment Plan Amendment No. 5-A) 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. Mr. Cutts mentioned the survey areas will be reviewed by the Project Area Committee and Planning Commission and then come back to the Council. ADMINISTRATIVE REPORTS It was moved by Councilman Davila and seconded by Councilman Santangelo to accept staff's recommendation and award a Contract on Mini -Blind Window Coverings for City Hall to Imperial Tenant Development Corporation, the low responsible bidder. This project will be paid with Civic Center Funds. AYES: 2 Council Members: Davila, Santangelo NOES: 3 Council Members: Boggs, Cormack, Barb Failed. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to approve vertical aluminum blinds. A discussion was held regarding installation of vertical blinds. AYES: 3 Council Members: Boggs, Cormack, Barb NOES: 2 Council Members: Davila, Santangelo Mr. Powell said two other bids will be obtained. S.S. Project No. 365, Firestone Boulevard/Brookshire Avenue Widening Councilman Santangelo said the Council indicated it did not want to include Brookshire Avenue in this project. It was moved by Councilman Davila, seconded by Councilman Santangelo, and passed by unanimous vote to award a contract to Sully -Miller Contracting Company for construction of street improvements under S.S. Project No. 365 with the deletion of Brookshire Avenue. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by unanimous vote to approve the petition to prohibit overnight. parking on the South Side of Buckles Street from Lakewood to Vultee and instruct staff to prepare a resolution authorizing the posting of a 2:00 a.m. to 6:00 a.m. no parking restriction. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by the following vote to approve Loan Agreement - Operative Agreement No. 9 and that the loan be repaid upon receipt of proceeds from close of the Cardono and/or Shepherd escrow. AYES: 3 Council Members: Davila, Santangelo, Boggs NOES: 2 Council Members: Cormack, Barb Council Minutes 6/25/85 -11- It was moved by Councilman Davila, seconded by Councilwoman Boggs, and passed by unanimous vote to award a Six-month Interim Contract for Landscape Maintenance of the Rio Hondo Golf Course to Satsuma Landscape & Mainatenance in the amount bid of $21,000 per month for this period and that the Mayor be authorized to enter into such a contract. Further, if the Industry Hills golf course, which is under the maintenance of Satsuma, is not as good or in better condition than the Downey course, Mr. Ralph is authorized to stop the contract and stay with Zeke Avila. Mr. Ralph reported on the Request for Geophysical Survey on Paramount Boulevard, Florence Avenue, and Studebaker Road, and mentioned there have been questions and complaints in the past. He personally observed the operation, and he is impressed with the capability of reducing the vibration to a whisper. The company feels they can obtain needed information from light vibration, and they have been very cooperative with the City. Staff concurs with issuing a permit. It was moved by Councilman Davila, seconded by Councilman Santangelo, and passed by the following vote to direct the Department of Public Works to issue a permit for Geophysical Service Inc., allowing it to complete a geophysical survey in the terms outlined. Councilman Cormack requested a staff person be present to respond to the wishes of the neighborhood. Mr. Ralph suggested having a staff member available as necessary because the operation moves very slowly. Representatives of Geophysical Services responded to questions and comments of the Council. AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb ORAL COMMUNICATIONS - Staff Members: None ORAL COMMUNICATIONS - Audience: None ORAL COMMUNICATIONS - City Council Councilman Santangelo commented in receipt of a letter from the City of Palm Desert relative to "deep pocket" legislation. He was informed that over the Mayor's signature, correspondence was sent to Sacramento in favor of legislation against deep pocket robbing. CLOSED SESSION Mayor Barb announced the Council will be recessing to closed session for consideration of personnel matters; pending litigation; and one Section 54956.9 Subdivision (a) matter - Sarvis/Downey CAREs vs. City of Downey. The meeting was then recessed to closed session from 1:00 a.m. to 1:34 a.m. and resumed with all Council Members present. ADJOURNMENT: 1:35 a.m. The meeting was adjourned to 6:30 p.m., July 9, 1985, in the Council Chamber of the Downey City Hall, for closed session on pending or potential litigation and personnel matters. It was also announced there will be a special meeting on July 2, 1985, for the City Council 7rganization. i v/ Robert L. Shand, City Clerk -Treasurer Randall . Barb, Mayor Council Minutes 6/25/85 -12-