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HomeMy WebLinkAboutMinutes-07-09-85-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 9, 1985 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Res. #4614, Denying Zone Variance #387, 8614-18 Cavel St. Adopted 2 Removal of Items from Consent Calendar 2 Minutes: Adj. Reg. Mtg., June 25, 1985; & Reg. Mtg., June 25, 1985 Approved 2 SS Proj. #365, Firestone/Brookshire - Notice to Proceed, Change Ord. #2: Auth. staff to issue Notice & auth. use of SB 821 Funds & Rev. Shrg. Approved 2 General Warrants: #6804 - 7133 Approved 2 Res. #4615, Est. No Parking Restr, from 2-6 am All Days S/s Buckles St. bet. Lakewood/Vultee Adopted 3 Res. #4616, Decl. Int. to Vacate 4.21' wide por- tion Cherokee Dr. at Point 78' SEIy. from SEIy. line Brookshire & continuing SEIy. approx. 139' Adopted 3 Res. #4617, Apprvg. Reapptmt. of Jean Brazelton to Recreation & Community Serv. Comm., Dist. 4 Adopted 3 Minutes: Adj. Reg. Mtg., June 10, 1985 Withdrawn; to be presented next mtg. 3 Revised DART Program Approved as amended 3 Calif. Library Services Act - Literacy Grant Moneys for Continuance & Expansion of READ Prgrm. Approved 4 Downey Community Hospital - Financial Reporting Received & filed 4 Angelo Cardono req. reconsideration of only one bond requirement under DDA Ref. to staff 4 John Gonzalez congratulated Mayor Davila on his election as Mayor & commented on req. for info on homeowner permit on commercial property 4 Req. of Second Century Foundation of City Funds for Design '86 Contest to Decorate Interior West Wa11 of City Hall Approved 4 Ord. #795, re Peddlers & Solicitors Adopted 5 Ord. #796, re Sanitation Service Charges Adopted 5 Ord. re Publication Vending Machines Introduced 5 Res. #4618, Designating Redevelopment Survey Area 4A for Study Purposes & Rescinding Res. #4611 Adopted 5 Res. #4619, Decl. Int. to Grant Franchise by Ord, to Four Corners Pipeline Co. Adopted 6 Res. #4620, Decl. Int. to Grant Franchise by Ord. to Atlantic Richfield Co. Adopted 6 Ord. #4621, Decl. Int. to Grant Franchise by Ord. to Golden West Refining Co. Adopted 6 Res. #4622, Decl. Int. to Grant Franchise by Ord. to Mobil Oil Co. Adopted 6. Page 1 of 2 COUNCIL MINUTES, JULY 9, 1985 TABLE OF MINUTE ACTIONS (CONTINUED) ci MArrT ACTION PAGE NO. CC #527, Water Mains - Century Freeway Corridor, Bellflower B1./Rio San Gabriel River: Award cont. Approved 6 Hotel/Civic Center Site Imprvmts./Landscaping Postponed until further info on costs 6 Window Coverings: Award contract to Imperial Tenant Dev. Corp. for horizontal mini -blinds Approved 7 Redeveloping Consulting Services - Agmt. w/Gunn, Russell & Copenhaver: Auth. expenditures for survey area analysis & preliminary plan on possible Redev. Amndmt. Areas #4-A, 4-B & 5-A Approved 7 Independent Cities Assn.: City Membership contin- gent on review in one year & appoint Cn. Barb as City's delegate & send letter re City's concerns on value of membership & over -participation of County personnel at last convention Approved 8 Extension of Moratorium on Solar Heating Hearing set for 7/23 9 Study Session - Capital Imprvmts. Projects Budget Set for 7/15/85, 2 p.m. 9 John Gonzalez re attemps to obtain documents from City & complaint re addn. to neighbor's home 01 Senate Bill 75: Take steps to support its passage & send letter Approved 9 Cn. Boggs req. review of Monkey List & other items requested by Council 0 Cn. Barb req. commencing w/Landscaping on Lakewood & Firestone Ref, to staff 9 Cn. Cormack re overhauling of automobiles at 7704 Fourth Pl. 9 Mayor Barb req. Prop A money be used to rebate RTD passes for handicapped & senior citizens 10 Mayor Barb req. staff consider establishing program of awarding: money to citizens who come forward w/info to aid in arrest & conviction of people applying graffiti 10 Closed session re pending litigation 10 Meeting adjourned to 2:00 p.m., July 15, for study session on Capital Imprvmts. Proj. Budget 10 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY .DULY 9, 1985 The City Council of the City of Downey held a regular meeting at 7:40 p.m., July 9, 1J85, in the Council Chamber of the Downey City Hall, Mayor Randall R. Barb presiding. PRESENT: Council Members: Bob Davila Mayor James S. Santangelo Mayor Pro Tem Diane P. Boggs Robert G. Cormack Randall R. Barb 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 James R. Jarrett, Director of Community Services F. 0. Shade, Police Captain 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 Reverend John Wetzel, Christ Lutheran Church. The Flag Salute was led by Councilwoman Boggs. PRESENTATIONS: None HEARINGS Mayor Davila opened the hearing on Appeal to Zone Variance No. 387, 8614- 18 Cavel Street. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and so ordered to receive and file the Proof. Mr. Cutts reported on the Planning Commission's denial of a variance request to reduce the required lot area for subdividing 13,873 square feet of property into three lots in the R1-5000 zone. The reduced lots would measure 4,622 square feet, which is approximately 377 less than required by Code. Mayor Davila inquired if the City Clerk had received any correspondence. Mr. Shand read a petition received from residents in the surrounding area requesting the subject property be completely destroyed and cleared because they feel the property has been an eyesore to the neighborhood for some time. It was moved by Councilman Barb, seconded by Councilwoman Boggs, and so ordered to receive and file the correspondence. Mr. Cutts narrated a slide presentation on the property. The applicant was asked to come forward and present his case. Mr. Jack Nichols, representing his father-in-law, Robert Wilson, the property owner, commented on the slide presentation, outlined his request to subdivide the property, and spoke regarding proposed plans for each parcel. He said if he cannot do what is proposed it will not be financially feasible to remove the existing building and build new but to remodel it and build a building on the corner. Mr. Barry Martel, 8644 Cavel, said if something is built that looks nice he would have no objection because it will increase property values for the neighborhood. Council Minutes 7/9/85 -1- Mr. John Gonzales, 12350 Orizaba, said the project would improve and beautify the City. Mr. Martel requested if this is approved a deadline date to start the work should be established. Mr. Newton said Mr. Martel's request is not within the City's power. There being no one else to speak, Mayor Davila asked if anyone wished to speak in opposition. Mary Brown, 8609 Cavel, said she circulated the petition. She is in favor of something being done to the property to improve it but not three homes because it would be too crowded. She also spoke against remodeling the current home on the property because of its dilapidated condition. Mr. Bijan Ataian, 8624 Cavel, spoke against putting three houses in the property because it will be cramped. There being no one else to speak in opposition, rebuttal time was granted to the applicant. Mr. Nichols said he proposes to construct an approach to the garage greater than required by Code so that there would be ample off-street parking for four vehicles. He agreed it would cost less to remodel the existing building than to build a new structure, and he could sell a new home for a greater amount than a remodeled home. Mr. Nichols indicated he has the financing, would like to build the project, and he responded to questions of the Council. It was moved by Councilman Santangelo, seconded by Councilman Barb, and so ordered to close the hearing. RESOLUTION NO. 4614 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING ZONE VARIANCE NO. 387 The Resolution was read by title only. It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by unanimous vote to waive further reading and to adopt. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Items VIII-F-I, Revised DART Program; and VIII-F-2, California Library Service Act Library Grant; were removed at the request of Councilwoman Boggs. Agenda Item VIII-A-1, Minutes of Adjourned Regular Meeting of June 10, 1985, was removed at the request of Councilman Santangelo. Agenda Item VIII-F-3, Downey Community Hospital Financial Reporting, was removed at the request of Mr. Lennie Whittington. CONSENT CALENDAR It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Adjourned Regular Meeting of June 25, 1985; and Regular Meeting of June 25, 1985. S.S. Project No. 365, Firestone/Brookshire - Notice to Proceed, Change Order No. 2: Authorize staff to issue Notice to Proceed for reconstruc- tion of sidewalk and appurtenant work the west side of Brookshire Avenue and authorize use of S.B. 821 Funds (Account No 25-13917) in the amount of $6,000 and use General Revenue Sharing Funds (Account No. #21-13988). General Warrants: #6804 - 7133: $1,512,588.92. Council Minutes 7/9/85 -2- RESOLUTION NO. 4615 17-/ y8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A NO PARKING RESTRICTION FROM 2:00 A.M. TO 6:00 A.M. ON ALL DAYS (NO EXCEPTIONS) ON BUCKLES STREET BETWEEN LAKEWOOD BOULEVARD AND VULTEE AVENUE (SOUTH SIDE) RESOLUTION 4616 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO VACATE A 4.21 FOOT WIDE PORTION OF CHEROKEE DRIVE BEGINNING AT A POINT THAT IS 78 FEET SOUTHEASTERLY FROM THE SOUTHEASTERLY LINE OF BROOKSHIRE AVENUE AND CONTINUING SOUTHEASTERLY APPROXIMATELY 139 FEET (sets the hearing for August 13, 1985) RESOLUTION NO. 4617 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF JEAN BRAZELTON AS A MEMBER OF THE RECREATION AND COMMUNITY SERVICES COMMISSION FOR COUNCILMANIC DISTRICT FOUR AYES: 5 Council Members: Santangelo, Boggs, Cormack, Barb, Davila The Minutes, Adjourned Regular Meeting of June 10, 1985, were withdrawn and will be presented at the next meeting. Mr. Ralph reported on the Revised DART Program by explaining that due to the Budget as adopted, staff is not recommending approval of any costs but if the proposal is approved it would be known in a few months whether any money can be derived from the "buy back center." He responded to questions on various aspects of the program. During discussion, Councilwoman Boggs indicated she would be in favor of smaller barrels. Councilman Santangelo requested this matter be held until the Council gets a more thorough report on what the DART Program is costing the City. Mr. Ralph commented on the Sanitation Committee's study of the program noting there is a cost savings in picking up separated trash. It is unknown how the program would be affected if it were changed. The Committee is recommending continuing with the existing program. Mr. Ralph pointed out that none of the curbside pickup programs are paying for themselves --all of them use buyback centers, which make money and contribute to the program. Staff is recommending exploring this by entering into an arrangement with a local buyback center, utilizing its facility and taking a portion of their marginal profit from materials that come from the City, which is envisioned as the easiest way to put money into the program. He said the program in the City is very close to breaking even and responded to further questions of the Council. Councilman Barb said many hours the Committee and if the program is in favor it should be approved. were spent on this matter by staff and working and the Committee is unanimously Councilman Cormack indicated he has been the Council representative to the Committee, and the direction the program is going it should narrow the loss and show a profit. He favors continuing with the program. It was moved by Councilman Barb and seconded by Councilman Cormack to approve the Revised DART Program with the exception of Item No. 1-c under "City Participation" at an approximate cost of between $10,500 and $13,500. An amended motion was made Councilman Santangelo and seconded by Council- woman Boggs to remove Item #II-4 under "City Participation" (use of City billing for trash pickup). Mr. Ralph said staff believes it is feasible to use City billing for trash pickup and would come back with an agreement and recommendation on how it can be accomplished and what the cost would be. Council Minutes 7/9/85 -3- Mr. Jim Karsjens, 12521 Dolan, Chairman of the Health & Environmental Sanitation Committee, mentioned the Commitee's recommendation was modified by staff after they saw the City budget. He feels Council's objections have been taken care of by staff in cutting costs. The amended'motion was passed by unanimous vote. The original motion as amended was then passed by unanimous vote. California Library Services Act - Literacy Grant Moneys for Continuance and Expansion of the R.E.A.D. Program Councilwoman Boggs called special attention to this program for the benefit of the news media that the program would be expanded with the City addressing the need to improve literacy. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and passed by unanimous vote to appropriate $114,405 from the 1985-86 CLSA State Literacy Grant. Downey Community Hospital - Financial Reporting Mr. Lennie Whittington, 8542 Manatee, noted the omission of the Administrator's and officials' salaries and that they are no longer required to be reported pursuant to the new Lease. It was moved by Councilman Barb, seconded by Councilwoman Boggs, and passed by unanimous vote to receive and file. ORAL COMMUNICATIONS - Items not on Agenda Mr. Angelo Cardono, 9221 Rives Avenue, said escrow will be closing on Monday on his Redevelopment Project on Firestone Boulevard and Downey Avenue and he has obtained financing for the project. He has agreed to pay an addi- tional $25,000 for the land the City negotiated and purchased, and now an additional asessment has been made. The Disposition and Development Agreement gives the City the ability to waive any additional charges over the agreed $25,000, and he requested that any further amount be waived. Also, Mr. Cardono has hired a contractor, who will provide a bond for the building which will exceed the $1 million requested by the City but will cost Mr. Cardono's limited partnership $14,000; plus the $1 performance bond requested in the DDA will cost an additional $14,000. He requested reconsideration that only one bond be necessary rather than two because it is an undue burden on the investors of the project. Mr. Cardono said he represented the City of Downey and came in fifth in the Trans -Atlantic Air Rally, and he presented paper- weight momentos of that flight to the City Council. Mayor Davila informed Mr. Cardono that his requests will be taken under consideration, and he will be notified at a later date. When asked if the DDA for the Hotel requires two bonds, Mr. Cutts said he would have to review that DDA. As to the Cardono project, he could only find one requirement for a bond and that was for the developer. Discussion followed. Referred back to staff for further information. Mr. John Gonzalez, 12350 Orizaba, congratulated Mayor Davila on his elec- tion as Mayor and offered his support. He then referred to a previous request for information regarding a homeowner permit on commercial property, and that it was indicated the City Attorney would bring back a report. He subsequently requested a copy of the City Attorney memo but was informed it was confiden- tial in nature and he could not have a copy. Mr. Gonzalez referred to an Attorney General opinion which states a homeowner cannot pull an electrical permit on commercial property. He was informed by Mayor Davila that the Council has been given advise by the City Attorney, its legal advisor, and Mr. Gonzalez should file his complaint through the proper channels. Lois Buchanan, 9651 Guatemala, outlined a proposal by the Second Century Foundation to coordinate a Design '86 Contest to Decorate the Interior West Wall of City Hall. She is chairperson of a Design '86 sub -committee of the Foundation, who has put together a format for the contest. She submitted the proposal, which is to unveil an art object on the wall during celebration of Council Minutes 7/9/85 -4- the City's 30th anniversary in December 1986. The deadlines set for the design entries is November 15th, with the Council making a final selection in January 1986. Mrs. Buchanan said it is also felt the display should be the work of a resident, organization or business based in the City, and the Foundation requests the Council to appropriate an amount not to exceed $3,000 for this project,_which would include cost of materials and a cash award. It was moved by Councilman Cormack and seconded by Councilwoman Boggs to grant not to exceed $3,000 for the project. Mrs. Buchanan responded to questions regarding the proposed project. Upon suggestion that donations be accepted for for this project, Mrs. Buchanan said the Committee felt the nature of the project should be funded by the City. She mentioned the Internal Revenue Service taxed funds raised to restore the arch, so she feels an appropriation from the City would be the best way to go at this time. Councilman Cormack and Councilwoman Boggs hopes staff can find a way to get the funds back from the I.R.S. An amended motion was made by Councilwoman Boggs, seconded by Councilman Barb, and passed by unanimous vote to take $3,000 from the Civic Center Fund. The original motion as amended was then passed by unanimous vote. ORDINANCES ORDINANCE NO. 795 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 Barb, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Boggs, Cormack, Barb, Davila ABSTAIN: 1 Council Member: Santangelo ORDINANCE NO. 796 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 Santangelo, seconded by Councilman Barb, 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 ARTICLE VI, CHAPTER 5, SECTION 6599.6 OF THE DOWNEY MUNICIPAL CODE RELATING TO PUBLICATION VENDING MACHINES The Resolution was read by title only. It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by the following vote to waive further reading and to introduce. Mr. John Gonzalez, 12350 Orizaba, is in favor of removing objectional books and magazines and hopes newspapers can also be removed. AYES: 5 Council Members RESOLUTIONS Santangelo, Boggs, Cormack, Barb, Davila RESOLUTION NO. 4618 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING REDEVELOPMENT SURVEY AREA FOR STUDY PURPOSES AND RESCINDING RESOLUTION #4611 The Resolution was read by title only. Council Minutes 7/9/85 -5- Mr. Cutts explained at the Council's request, this matter was taken back to the Project Area Committee and Planning Commission, who are recommending adoption of Amendment 4A as amended to remove a small piece of residential property at 9327 Pellet Street. It was moved by Councilwoman Boggs, seconded by Councilman Barb, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Boggs, Cormack, Barb, Davila ABSTAIN: 1 Council Member: Santangelo RESOLUTION NO. 4619 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO GRANT A FRANCHISE BY ORDINANCE TO FOUR CORNERS PIPELINE COMPANY (Sets the hearing for August 13, 1985) RESOLUTION NO. 4620 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO GRANT A FRANCHISE BY ORDINANCE TO ATLANTIC RICHFIELD COMPANY (Sets the hearing for August 13, 1985) RESOLUTION NO. 4621 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO GRANT A FRANCHISE BY ORDINANCE TO GOLDEN WEST REFINING COMPANY (Sets the hearing for August 13, 1985) RESOLUTION NO. 4622 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO GRANT A FRANCHISE BY ORDINANCE TO MOBIL OIL COMPANY (Sets the hearing for August 13, 1985) The Resolutions were read by title only. It was moved Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to waive further reading and to adopt. Councilwoman Boggs requested information concerning what the companies will pay for the franchises and whether there are any lease rights involved. AYES: 5 Council Members ADMINISTRATIVE REPORTS Santangelo, Boggs, Cormack, Barb, Davila It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by unanimous vote to award Cash Contract No. 527, Water Mains — Century Freeway Corridor, Bellflower Boulevard to Rio San Gabriel River, in the amount of $299,995 to Valverde Construction. It was moved by Councilman Santangelo and seconded by Councilman Barb to approve Agreement with Downey Hotel Associates Limited Partnership and recommend to the Civic Center Corporation the expenditure of $135,000 for design and construction of Hotel/Civic Center Site Improvements/Landscaping as outlined in Exhibit "A" of the Agreement. (See later motion.) Mr. David, Ray, 7338 Nada, noted it was indicated in the staff report that there was not enough time to put this out to bid and yet the project is a year behind. He questioned why this matter was not put out to bid a year ago. Mr. Ralph replied that in the original agreement, the Hotel was to be the lead agency for preparing plans and specifications of the entire parking lot, which are in the process of being completed. Mr. Ray inquired regarding paragraph 2 on page 2 of the agreement which states the "Commission agrees to pay to Hometel the sum of $12,000 for its share of design costs of said improvements and $60,000 for its share of construction costs." Council Minutes 7/9/85 Mr. Henriksen explained the problems that occurred several years ago and of the time lost when the Civil Engineer hired by the City Hall architect was unable to complete design of civil improvements on the project. Also, with the work schedule of the Engineering Division, it was his decision that Engineering staff did not have the capability and time to complete plans and specifications tb go out to bid during the regular bidding procedures. The City Attorney was contacted on the basis that staff did not have the time and also with the Hotel contractor being on -site he would be in a good position to give the City a reasonable price for the construction. The City Attorney gave his concurrence and drew up the agreement. When it was submitted to the Hotel the plans and specifications were not ready and the costs were estimated, which were way off. The costs were re -estimated to $165,000-$180,000, which should replace the costs shown in the agreement. Mr. Newton expressed his opinion that at the time of approval of the agreement if there are better estimates of the costs, they should be substituted in Paragraph 2. Mr. Henriksen responded to questions regarding the proposed improvements. Councilwoman Boggs is not ready to make a commitment without seeing the plans and knowing what the costs will be. Mr. Newton explained that based on information provided by the Public Works Department that it would be more economical for the City to utilize the contractor and engineering services of the contractor on -site at the Hotel, he felt the overall benefit provided the basis under which the City could proceed without observing bid procedures. A case involving a similar situation in the City of Pasadena was utilized, challenged in the court and approved. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to postpone any action until further information on the cost. Discussion followed. Mr. Henriksen indicated staff would come back with an additional request for the final amount of funding. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila NOES: 1 Council Member: Barb It was moved by Councilman Santangelo and seconded by Councilwoman Boggs to award a contract for Window Coverings to Imperial Tenant Development Corp. for horizontal mini -blinds for $10,150. This project will be paid with Civic Center Funds. Councilman Barb and Councilwoman Boggs preferred vertical blinds. Mr. Tom Roberson, 9205 Dinsdale, representing Imperial Tenant Develop- ment Corp., noted the number of vertical blinds installed compared to horizontal blinds and on sun shading provided by vertical blinds. Mr. Gordon (inaudible), 8632 Guatemala, concurred with comments of Mr. Roberson. AYES: 3 Council Members: Santangelo, Boggs, Davila NOES: 2 Council Members: Cormack, Barb It was moved by Councilman Barb and seconded by Councilwoman Boggs to authorize the City Manager Pro Tem to sign an Agreement with Gunn, Russell & Copenhaver for Redeveloping Consulting Services pending approval as to form by the City Attorney. Councilwoman Boggs asked if this should go out to bid. Mr. Cutts said this is for professional services, and the City is allowed to go out and select a firm. If the project gets to a phase where staff desires not to continue, there is a 15 day notice to cancel the agreement. Councilwoman Boggs expressed concern about paying for a report that might be shelved but does not want to do anything that impedes or slows the City's Council Minutes 7/9/85 -7- 11 �63 progress in these areas. She is also concerned about duplicating a previous study of the Rancho area. Mr. Cutts responded to further questions regarding the study. He reviewed the costs and said the legal description can be done in-house. Councilman Santangelo said he will be abstaining on this issue because it involves an area of Firestone on which he has property. The motion was amended by Councilwoman Boggs and seconded by Councilman Cormack to authorize the expenditure of up to $7,000 for a survey area analysis and up to $4,000 for a preliminary plan of possible Redevelopment Amendment Areas No. 4-A, 4-B, and 5-A to be done by Gunn, Russell, and Copenhaver. Councilman Santangelo asked if the study will be done on individual areas and submitted separately so he can vote on at least part of it, and Mr. Cutts replied yes. He then asked the City Attorney that when this comes back in three different studies will he be able to vote on those parts that do not affect his property. Mr. Newton replied yes but noted the agreement before the Council deals with all three areas, one of which involves an area in which Councilman Santangelo owns property, so he should not vote on the agreement. He also pointed out the agreement is to pay compensation in a lump sum based on a certain schedule, and the amended motion is to alter the agreement which, in effect, is a counter proposal and would have to be submitted to the consultants for approval. A discussion was held regarding modification of the agreement. Roll call vote on amended motion: AYES: 2 Council Members: Davila, Boggs NOES: 2 Council Members: Cormack, Barb ABSTAIN: 1 Council Member: Santangelo It was noted a tie vote is no action. An amended motion was made by Councilman Barb, seconded by Councilman Boggs, and passed by the following vote to provide that each phase after the third phase, as listed in paragraph 3, would be subject to approval of the Council prior to proceeding to the next phase. AYES: 3 Council Members: Boggs, Cormack, Barb NOES: 1 Council Member: Davila ABSTAIN: 1 Council Member: Santangelo Roll call vote on original motion as amended: AYES: 3 Council Members: Boggs, Cormack, Barb NOES: 1 Council Member: Davila ABSTAIN: 1 Council Member: Santangelo Independent Cities Association - City Membership Councilman Cormack commented regarding the benefits of ICA membership but noted the County's involvement at the last meeting. In the past four years ICA has been for the benefit of an independent city. Councilman Santangelo suggested a letter be sent expressing the City's feelings over what happened at the last meeting and if it is going to continue that Downey would not be interested in further participation. Mayor Davila said he spoke to the new President of ICA, who was unaware of County representatives dominating the last meeting, and he was assurred it will not happen in the future; that Downey will benefit from the organization as it has in the past. Also, it was requested that Councilman Barb be the City's representative on the Board. Councilman Barb commented on the membership in ICA and said they have a lobbyist in Sacramento which the City has used on occasion at no charge. The President of ICA has asked him to serve on the Board. Council Minutes 7/9/85 -8- It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by unanimous vote to pay dues to Independent Cities Association in the amount of $3,340 for the next fiscal year contingent upon review of the value of the membership in one year and appoint Councilman Barb to be the City's delegate to the Association and send a letter over the Mayor's signature regarding the City's concerns on the value of membership in ICA and over -participation of County personnel at the last convention. It was moved by Councilman Barb, seconded by Councilwoman Boggs, and passed by unanimous vote to set a hearing on Extension of Moratorium on Solar - _ Heating for 7:30 p.m., July 23, 1985, in Council Chamber of Downey City Hall. A Study Session on Capital Improvements Projects Budget was set for 2:00 p.m., July 15, 1985. ORAL COMMUNICATIONS - Staff Members: None ORAL COMMUNICATIONS - Audience Mr. John Gonzalez, 12350 Orizaba, commented on his attempts to obtain documents from the City and of his complaint regarding addition to property across the street from his home. Also, he has been told to submit his requests in writing, which he did in Spanish, but was subsequently informed that any letters written in Spanish would be disregarded. Mr. Gonzalez ex- pressed his complaint regarding other contacts with the City. ORAL COMMUNICATIONS - City Council Councilwoman Boggs referred to a legislative bulletin regarding Senate Bill 75 - Foran, a "deep pocket bill" expected to go before the Judiciary Committee and Assembly, which she feels should be followed more closely because it represents a substantial income loss to the State and substantial savings to the taxpayers if it does pass. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by unanimous vote that steps be taken to support the passage of Senate Bill 75 and that a letter be prepared for the Council's signature. Councilwoman Boggs asked for a review of the Monkey List and items that might not be on the list see whether the Council can receive a response for information it has requested. Councilman Barb recommended commencing with Landscaping on Lakewood and Firestone. Mr. Ralph explained the Council instructed staff to prepare plans, which were submitted to Caltrans but they would not approve. Staff is now engaged in negotiations with the State to get them to approve what their policy is not to approve. If some changes are made, the City should be able to obtain a permit in a short period of time. The Council had requested staff do whatever is necessary in order to get larger trees and type of signage. Councilman Barb mentioned he had indicated that he would like to be in- formed when this goes to Caltrans so he can help get this matter taken care of, but this is the first he has heard about it. He asked if the City can go ahead with preparation of the area such as planting the grass and stamped concrete. Councilman Cormack inquired about placing banners over Firestone Boulevard rather than Downey Avenue so people can see it. Mr. Ralph explained that with Council concurrence, staff can remove some of the items in question on the project and go ahead without the items in question and spend whatever time is necessary to work out the rest. He was asked to meet with the State as soon as possible. Councilman Cormack referred to the overhauling of automobiles at a resi- dence at 7704 Fourth Place. He said the neighbors have put up with this far too long. Council Minutes 7/9/85 -9- ? �d S Mt. Cutts said the people have been contacted a number of times. The neighbors have been told to circulate a petition and present so the City will have something to work with and take it matter to Court. Mayor Davila commented on a July 1st RTD rate increase, which has increased monthly passes for senior citizens and handicapped, and he would like to see Proposition A money used as a rebate for this purpose and .for children using buses to go to summer school. Councilman Barb said the City provides a majority of its Prop A money for handicapped and senior citizen transportation in the City. He would like to wait until seeing the results of a study requested by Councilwoman Boggs. Councilwoman Boggs commented on the problems that could occur with regard to administrating the rebate and determining who would be eligible. Mayor Davila requested staff to look into this. He was told this could be added to the transportation study. Mayor Davila requested staff to consider establishing a program of awarding money to citizens who come forward with information to aid in the arrest and conviction of people applying graffiti. Councilman Santangelo mentioned the Keep Downey Beautiful Committee has a program of graffiti removal. Mr. Cutts said a report will be coming to the Council on the graffiti removal program. CLOSES SESSION Mayor Davila announced the Council will be recessing to closed session for consideration of pending litigation under provisions of Section 54956.9 - Government Code as follows: 1. Section 54956.9 - Subdivision (a) matter - Downey CAREs vs. City of Downey, et al. The meeting was then recessed to closed session from 11:27 p.m. to 11:50 p.m. and resumed with all Council Members present. There was no action taken in closed session. ADJOURNMENT: 11:50 p.m. The meeting was adjourned at 11:50 p.m. to 2:00 p.m., July 15, 1985, in the Council Chamber of Downey City Hall, for study session on Capital Improvements Projects Budget. Robert L. Shand, City Clerk -Treasurer Bob Davila, Mayor Council Minutes 7/9/85 -10-