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HomeMy WebLinkAboutMinutes-08-13-85-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 13, 1985 TABLE OF MINUTE ACTIONS SUBJECT Proclamation appointing Caesar Mattei as Honorary Library Board Member Proclamation recognizing Mr. Donald Hart on his Retirement as Assistant Superintendent of Downey Unified School Dist. Ord. re Franchise to Four Corners Pipeline Co. Ord, re Franchise to Atlantic Richfield Co. Ord, re Franchise to Golden West Refining Co. Ord, re Franchise to Mobil Oil Co. ACTION PAGE NO. 1 1 Introduced 1 Introduced 2 Introduced 2 Introduced 2 Appeal of Planning Comm. & Design Review Board decision re Change in Color of Hotel under const. Color allowed to remain; at 8425 Firestone Bl. Appeal denied 2 Res. 34629, Denying CUP #213, 9438 Firestone B1. Adopted Res. #4630, Ord. Vacation of Portion of Cherokee Dr. Ely. of Brookshire Av. Adopted Removal of Items from Consent Calendar Minutes: Reg. Mtg., July 23, 1985 & Spec. Called Meetings of July 30, 1985, & August 5, 1985 Approved Legal Claims for Rjection: Ref. #723, Tommy Lieu; & Ref. #533, Auto Club for Merlin Cornwall Rejected CC #505A, Alt. B - Downey Civic Center, Communica- tion, Controls & Security Systems: Recommend Downey Civic Center Corp. approve extra work & accept improvmts. furnished & installed by Douglas Roesch Communications Inc. Approved CC #524, Sidewalk Const. on Verdura, Barlin & Blodgett Aves. - Gardendale to Golden: Accept improvmts.; auth. expenditure of addl. amount; & accept responsibility for maint. of improvmts. Approved SS Proj. #374 (FAU), Brookshire Av. - Everest to Alameda: Change Orders #1 & 2 & accept imprvmts. Approved CC #SS-395, Stamped Concrete & Sidewalk Const. on Florence Av.: Accept improvmts; approve extra work; auth. expenditure of addl. amount; & accept responsibility for maint. Approved General Warrants: #7455 - 8027 Approved City Council Committee Assignments Approved Excess Well Site, Golden Av. - Nly . Prolongation of 'Dempster Av.: Declare site excess & auth. sale to adjoining property owner Approved Public Hearing to determine whether Dolan Av. bet. Everest & Imperial should be declared open for public use Set for 8/27/85 6 6 7 7 7 7 7 7 7 7 7 7 7 Page 1 of 3 COUNCIL MINUTES, AUGUST 13, 1985 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION Designation of Newspaper for Legal Publication: Designate Press Telegram Newspaper as official paper for matters of legal publication on temporary basis (6 mos.) until further studies can be undertaken Approved Res. #4631, Apprvg. Appl. for Funds under Calif. Senior Center Bond Act of 1984 for Rio San Gabriel Activity Bldg. Renovation & Expansion Adopted Report on Election of Officers for City's Design Review Board Received & filed Minutes, Adj. Reg. Mtgs. of July 15, 1985, & July 23, 1985 Approved Minutes: Adj. Reg. Mtg., July 22, 1985 Approved as corrected PAGE NO. 7 7 7 8 8 Res. providing Wage Adjustments f/Part-time Hrly. Classifications & Res. auth.Cost-of-Living Salary Adjustmts, f/Executive Mgmt., Middle Mgmt., & Confidential/Exempt Employees Cont'd. to next meeting 8 Res. #4632, Adopt Class Specs & Designate Salary Ranges for Police Aid I & Computer Oper. II Adopted 8 Install stop sign at Guatemala and Lubec Staff to continue study of ways to keep people from using residential area as cut-thru west of Paramount N/o Florence CC #SS-396, Via Amorita Av./Susan Av.: Plans, specs & grant auth. to advertise f/bids Agreement w/Stonewood Shopping Center: Auth. CM sign revision to provide addl. police protection SB 1091 & 1415, revenue for cities designated as low & no Property Tax cities: Get letter written, signed & sent to Sen. Carpenter, Assby. Gri sham, & rest of Assembly; form committee of two Council Members & Ken Miller; look into cost of a lobbyist; & consider sending Mr. Miller & one Council Member to testify before assembly Cn. Boggs req. staff move forward on Satellite Dish Ordinance Cn. Boggs req. City Hall get involved in DART Program Cn. Boggs req, staff look into opening of drug & alcohol rehab. center in Diller Retiremt. Home Cn. Boggs re Newsrack Ord. Cn. Boggs re Supervisor Schabarum's meeting at Rancho Los Amigos Cn. Boggs re closing date & number of applicatns. for City Mgr. position Cn. Boggs req. code enforcement check on const. of bldg. w/balcony overhanging sidewalk located where Meadow Rd. intersects w/Lakewood; & storage of camper & two trailers on vacant lot W/o - Imperial Law Center Approved Approved Approved Approved; Cn. Cormack to go to Sacramento 8 8 8 8 9 9 9 9 9 9 G Page 2 of 3 COUNCIL MINUTES, AUGUST 13, 1985 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT Cn. Boggs re re-evaluation of composition of PAC Comm. Cn. Boggs req. Dept. Comm. Svcs. check into temperature control at Museum of Art Cn. Boggs re req. staff follow-up on alcoholic beverages in the parks Cn. Boggs re property on Pellet being requested to install driveway Cn. Boggs re study of City Attorney issue by Charter Committee Mayor Davila re graffit on E/s former SE News bldg. at 8001 Albia & light out across street Mayor Davila re possible lack of quorum at October 8th meeting due to League Conference. Meeting adjourned to 6:30 p.m., August 27, 1985, for closed session re pending & potential litigation ACTION PAGE NO. To be brought up at next meeting 10 10 10 10 Committee to study Charter first 10 10 To be discussed next meeting 10 10 Page 3 of 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 13, 1985 The City Council of the City of Downey held a regular meeting at 7:43 p.m., August 13, 1985, in the Council Chamber of the Downey City Hall, Mayor Bob Davila 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 William A. Ralph, Director of Public Works William F. Martin, Police Chief Ronald Yoshiki, City Planner William Sumner, Fire Marshal Lowell Williams, Finance Manager Alta Duke, Social Services Division Manager Scot Yotsuya, Assistant to the City Manager Jeanne Cook, Deputy City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend Gary Swearingen, First Christian Church. The Flag Salute was led by Councilman Barb. PRESENTATIONS Mayor Davila and Mayor Pro Tem Santangelo presented a Proclamation appointing Mr. Caesar Mattei as Honorary Library Advisory Board Member. A floral bouquet was presented to his wife, Dena. Mayor Davila presented a Proclamation to Mr. Donald Hart in recognition of his retirement as Assistant Superintendent of Downey Unified School District. HEARINGS Mayor Davila opened the hearing on Granting a Pipeline Franchise to Four Corners Pipeline Co. He inquired if the Deputy City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilwoman Boggs, seconded by Councilman Barb, and so ordered to receive and file the proof. Mayor Davila inquired if the Deputy City Clerk had received any written protests or objections, and the response was no. There being no one present to speak in favor or in protest, it was moved by Councilman Barb, seconded by Councilman Santangelo, and so ordered to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING A FRANCHISE TO FOUR CORNERS PIPELINE CO. The Ordinance 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 introduce. Mayor Davila opened the hearing on Granting a Pipeline Franchise to Atlantic Richfield Company. He inquired if the Deputy City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Barb, seconded by Councilman Cormack, and so ordered to receive and file the Proof. Council Minutes 8/13/85 -1- a'J Mayor Davila inquired if the Deputy City Clerk had received any written protests or objections, and the response was no. There being no one present to speak in favor or in protest, it was moved by Councilman Cormack, seconded by Councilman Barb, and so ordered to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING A FRANCHISE TO ATLANTIC RICHFIELD COMPANY The Ordinance was read by title only. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by unanimous vote to waive further reading and to introduce. Mayor Davila opened the hearing on Granting a Pipeline Franchise to Golden West Refining Company. He inquired if the Deputy City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Barb, seconded by Councilman Cormack, and so ordered to receive and file the Proof. Mayor Davila inquired if the Deputy City Clerk had received any written protests or objections, and the response was no. There being no one present to speak in favor or in protest, it was moved by Councilman Cormack, seconded by Councilman Santangelo, and so ordered to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING A FRANCHISE TO GOLDEN WEST REFINING COMPANY The Resolution was read by title only. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by unanimous vote to waive further reading and to introduce. Mayor Davila opened the hearing on Granting a Pipeline Franchise to Mobil Oil Company. He inquired if the Deputy City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and so ordered to receive and file the Proof. Mayor Davila inquired if the Deputy City Clerk had received any written protests or objections, and the response was no. There being no one present to speak in favor or in protest, it was moved by Councilman Cormack, seconded by Councilwoman Boggs, and so ordered to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING A FRANCHISE TO MOBIL OIL COMPANY The Ordinance was read by title only. It was moved by Councilwoman Boggs, seconded by Councilman Barb, and passed by unanimous vote to waive further reading and to introduce. Mayor Davila opened the hearing on Appeal of Planning Commission and Design Review Board Decision regarding Change in Color of the Hotel under construction at 8425 Firestone Boulevard, which was approved by Design Review Board Case No. 18. Mr. Yoshiki said this is an appeal hearing addressing the color of the proposed Spanish Mediterranean style eight story hotel, and at the time the hotel was approved a rendering was displayed reflecting the color as a light earthtone beige. During construction a change was made in the color to a reddish orange/salmon and the project foreman was contacted several times and informed that the project deviated from the approval. The City subsequently followed up with a letter to the Hotel staff informing them the color was not what was approved. By the time the painting had ceased, 90 percent of the hotel was painted. The Hotel people were told they could apply to the Design Review Board for a change in the color. Mr Yoshiki reviewed the four concerns Council Minutes 8/13/85 -2- expressed by the Design Review Board with regard to the hotel color, and the comments of Embassy Suites hotel in support of the revised color. It was the Design Review Board's decision that the color originally approved should be the color of the hotel, and that decision was subsequently appealed to the Planning Commission and denied. Mayor Davila inquired if the Deputy City Clerk had received any correspondence. Mrs. Cook replied there were five letters received in favor of the color. Of four telephone calls received, two were in favor and two were opposed. It was moved by Councilman Barb, seconded by Councilman Cormack, and so ordered to receive and file the correspondence. The applicant was asked to come forward and present testimony in support of the appeal for a change in color of the hotel. Mr. Joseph Harris, representing Embassy Suites, 450 Newport Center Drive, mentioned the colors differ from what was used on the hotel and what was reflected in the original rendering when the project was approved. At the time of the original approval they were not asked to submit paint colors, but they do feel they have met the design and plan of the rendering. Mr. Harris suggested that a commercial establishment is in a different category than a City building or office building, and he displayed renderings of the Downey hotel and other Embassy Suites hotels which are of the same color. He said to repaint the building at this time would place an undue burden from cost and merchandising viewpoints. They have hired the best designers to coordinate the colors between the roofing, shading of the building, and landscaping to make it a facility Downey will be proud of. He requested that they be allowed to continue with the building as it is now painted. Councilwoman Boggs said she has this is a question of how the hotel got why after two phone calls by staff and be put on the hotel. received letters and phone calls, and to be this color. She then questioned one letter that the color continued to Mr. Harris replied there was a communication problem with the hotel field project manager, who was initially contacted by the City. However, when it was brought to his (Mr. Harris') attention, the painting stopped immediately. He subsequently spoke to City staff on this matter, and the hotel did continue with the painting so that if it had to repainted all walls would have the same undercoat. Responding to a further question, Mr. Harris explained the reason the hotel was not painted a color to tie-in with the civic center is that it would have no recognition factor. Councilman Barb inquired regarding status of the design, landscaping and parking lot which the hotel was required to do in the DDA, along with all external improvements. Mr. Yoshiki replied there was an apparent misunderstanding in the DDA regarding who is to do the north portion of the parking lot, and there have been several meetings on this matter. Apparently Mr. Harris is working on some language options regarding the north parking lot. It is the City's posi- tion that the responsibility for improvements of the north parking lot is with the hotel. Councilman Barb recalled that at a meeting several years ago which Mr. Harris attended, he indicated personally that in addition to the $1 million the hotel fronted to the City for the land the hotel would pay for completion of the remainder of the parking lot. Mr. Harris replied the DDA shows an outline of the area to be completed by the developer, and it is clearly enumerated that it does not include that particular ground. Councilman Barb commented on the need to work out the problems involved. Councilman Cormack mentioned that the hotel was going to work with the City on restoring the Veterans Memorial and that there would be an electronic sign to be used in conjunction with the Theatre. Councilman Santangelo mentioned he only has information on the color of the hotel and not on other items being brought uo at this time. Council Minutes 8/13/85 -3- Mayor Davila suggested working out other details in a meeting with the hotel representatives. It was moved by Councilman Cormack and seconded by Councilman Barb to continue the hearing on the color of the hotel until there has been an opportunity to work out the other problems. Mr. Harris was asked if he would be willing to meet with staff to solve the concerns that have been raised in other areas, and he replied yes. AYES: 2 Council Members: Cormack, Barb NOES: 3 Council Members: Santangelo, Boggs, Davila Failed. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to close the hearing. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila NOES: 1 Council Member: Cormack It was moved by Councilman Santangelo that the color be allowed to remain unchanged and to approve the appeal. The Chair accepted the motion. Councilwoman Boggs said the evidence presented indicates that the field operation manager should have responded calls from the City, and she feels there was inexcusable negligence as far as continuing with the color of the hotel. She will not support the motion. Councilman Santangelo questioned that since there was no negotiation with regard to color choice, hue or paint to be applied to the hotel, how can the City bind the hotel to a rendering that reflects an artist's conception of color of a building? Councilman Barb said when the rendering was presented to the Council he asked specific questions about the Spanish color. He also feels that when someone invests in the community, the City has an obligation to assist. However, there are still problems that need to be solved, and if he can't ask questions and pursue this further, he will vote against it until he can. Councilman Cormack said most of the people who communicated with him liked the color. He did mention that early in the project the Veterans Memorial was discussed and how it would tie-in with the Theatre, which has now been backed away from. He hopes a meeting can be held to solve the issues, particularly noting the Veterans Memorial. Mr. Yoshiki was asked if the DDA specified what the color of the hotel should be, and he replied no. Further discussion followed. Mr. Harris indicated the only question he has is about the north parking, but he feels everything has been agreed to regarding the Veterans Memorial. Mayor Davila suggested appointing two Council Members to meet with staff and the hotel people to work out the issues. The reader board sign to be shared by the Theatre and hotel was dis- cussed. Mr. Harris said the Theatre did not want to have shared controls, but the hotel feels it should be able to set its own messages on the sign. Councilman Santangelo nominated Council Members Cormack and Barb as Council representatives to work with staff on this matter. So ordered by Mayor Davila. AYES: 4 Council Members: Santangelo, Cormack, Barb, Davila NOES: 1 Council Member: Boggs Mayor Davila declared a recess from 9:00 p.m. to 9:12 p.m. The meeting resumed with all Council Members present. Mayor Davila opened the hearing on Appeal to Conditional Use Permit No. 213, 9438 Firestone Boulevard. He inquired if the Deputy City Clerk had the Proof of Publication, and the response was yes. Council Minutes 8/13/85 -4- /nab' It was moved by Councilman Barb, seconded by Councilman Cormack, and so ordered to receive and file the Proof. Councilman Santangelo stated this property is adjacent to his property on Firestone Boulevard, and he will abstain from the hearing. He was excused from participating. Mr. Yoshiki reported on the applicant's request to replace an existing retirement home with a two-story retirement facility to accommodate 49 elderly citizens and provide 18 off-street parking spaces in the C-2, General Commercial zone. He pointed out that this facility was established in 1972 under zone exception for the operation of a retirement facility for 20 people, which was granted for a period of five years. An additional time period was granted in 1977, to expire in 1982, but prior to that expiration, the property was sold to the current applicant. The zone exception expired in 1982 with no new request, and the applicant has filed a new case to establish the facility. Mr. Yoshiki pointed out that Firestone is a major arterial with heavy traffic; the property is encased by retail developments; and access to the property is extremely limited. The property is also located in a redevelopment project area; the applicant has been advised of develoment possibilities suitable for this site; but until the redevelopment process gets under way the applicant desires to have some kind of business on the property. Mr. Yoshiki mentioned there are fire, health and safety problems that need to be corrected on the property if it is continued to be maintained as a retirement facility. An investigation by the Department of Social Services revealed that mentally confused patients have been maintained on the property, and because of current conditions of the premises, the number of occupants have been reduced to six. The applicant has submitted the new Conditional Use Permit to demolish the existing retirement facility and construct a new two-story facility having an occupancy of up to 49 persons and 18 off-street parking spaces, and the request was denied by the Planning Commission. He narrated a slide presenta- tion of the property. Mayor Davila inquired if the Deputy City Clerk had received any correspondence, and the response was no. The applicant was asked to come forward and present his case. Mr. Gary Munger of Rosen & Munger, representing the applicant, said the proposed development is in harmony with the existing property and land development, and mentioned there are motels and apartment houses located near the facility. Also, another retirement facility is located within one block of Firestone and Paramount. The applicant proposes to have up to 49 persons, and none would be mentally disordered. He finds that no evidence has been presented to indicate the facility would be adverse to the area or affect individuals that work or reside in the neighborhood. Mr. Munger indicated it is his understanding if the Council denies the request, there are no redevelopment funds available to help his client relocate her facility to another location in Downey. Mr. Jim Lee, architect who designed the project, commented on the two- story design of the structure to accommodate the narrow size of the property. The project would not interfere with the people or traffic on Firestone or with future development of the street. He would work with staff and the Design Review Board to make the structure look like commercial. Mr. Munger said his client wants to built a new structure that would not conflict in any way with the City plan and would enhance development of the Firestone corridor. Mr. Charles Woodworth, 10400 Downey Avenue, commented on his prior owner- ship and use of the property as a school for 100 children and noted that when the State declared Firestone a State highway and there was no parking allowed on the street, the attendance was reduced from 100 to 40 students and the property was subsequently sold. He also mentioned there have been no problems requiring contacting the police and there have been no accidents or reasons for neighbors to complain. The property has been operated in a safe and sane manner, which the applicant proposes to continue, and development will be an improvement of Firestone and the City at -large. There being no one else to speak in favor and no one to speak in opposi- tion, it was moved by Councilman Barb, seconded by Councilwoman Boggs, and so ordered to close the hearing. Council Minutes 8/13/85 -5- Councilwoman Boggs said it was pointed out that the property is in a redevelopment area but there are no Redevelopment Funds available to help the applicant relocate. She inquired that if this is not granted, can the City buy the property to relocate the applicant? Mr. Yoshiki replied that if the Redevelopment Agency were to purchase the property it would be the Agency's obligation to relocate the property owner. Councilman Barb said the property is valuable for commercial use and perhaps the value could be turned into dollars to purchase property in an area where this type of use is presently being developed and more compatible. Councilman Cormack feels it is incumbent on the Council to work with pro- perty owners through redevelopment to aid and encourage them in acquiring property in a better location. RESOLUTION NO. 4629 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING CONDITIONAL USE PERMIT NO. 213 The Resolution was read by title only. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Boggs, Cormack, Barb, Davila ABSTAIN: 1 Council Member: Santangelo It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to direct staff to provide appropriate assistance to the applicant in determining a proper piece of property for relocating. AYES: 4 Council Members: Boggs, Cormack, Barb, Davila ABSTAIN: 1 Council Member: Santangelo Mayor Davila opened the hearing on Vacation No. 148, 8519 Cherokee Drive. He inquired if the Deputy City Clerk had the Affidavit of Posting of Notice, and the response was yes. It was moved by Councilwoman Boggs, seconded by Councilman Barb, and so ordered to receive and file the Affidavit. Mr. Ralph explained at the time the City acquired right-of-way at the subject location, it acquired more than was needed. The City does not have any use for the excess right-of-way. Mayor Davila inquired if the Deputy City Clerk had received any written correspondence, and the response was no. There being no one present to speak in opposition or in favor, it was moved by Councilman Cormack, seconded by Councilman Barb, and so ordered to close the hearing. RESOLUTION NO. 4630 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE VACATION OF A 4.21 FOOT WIDE PORTION OF CHEROKEE DRIVE EASTERLY OF BROOKSHIRE AVENUE 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. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-F-4, Report on Election of Officers for the City's Design Review Board, was removed at the request of Councilman Santangelo. Agenda Items VIII-A-1, Minutes of Regular Meeting, July 15, 1985; VIII-A-2, Adjourned Regular Meeting, July 22, 1985; and VIII-A-3, Adjourned Regular Meeting, July 23, 1985, were removed at the request of Mayor Davila. Council Minutes 8/13/85 -6- CONSENT CALENDAR It was moved by Councilman Barb, seconded by Councilwoman Boggs, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Regular Meeting, July 23, 1985; Special Called Meeting, July 30, 1985; and Special Called Meeting, August 5, 1985. Legal Claims for Rejection: Ref. #723, Tommy Lieu; and Ref. #733, Auto Club for Merlin Cornwall. Cash Contract No. 505A, Alternate B - Downey Civic Center, Communication, Controls, and Security Systems: Recommend that the Downey Civic Center Corporation approve extra work in the amount of $756 and accept improve- ments furnished and installed by Douglas Roesch Communications, Inc. Cash Contract No. 524, Sidewalk Construction on Verdura, Barlin and Blodgett Avenues - Gardendale Street to Golden Avenue: Accept improve- ments; authorize expenditure of an additional $606.25 from Account No. 28-20322, and accept responsibility of maintenance for improvements. SS Project No. 374 (FAU), Brookshire Avenue - Everest St. to Alameda St.: Approve Change Orders No. 1 and 2 and accept improvements constructed (Account No. 26-16374). Cash Contract No. SS-395, Stamped Concrete and Sidewalk Construction on Florence Avenue: Accept improvements; approve extra work; authorize the expenditure of an additional $546 from Account No. 26-16395; and accept responsibility for maintenance. General Warrants: #7455 - 8027: $2,032,129.26. City Council Committee Assignments. Excess Well Site, Golden Avenue - Northerly Prolongation of Dempster Avenue: Declare the subject site to be excess property and authorize its sale to an adjoining property owner. Public hearing to determine whether Dolan Avenue between Everest Street and Imperial Highway should be declared open for public use: Set for 7:30 p.m., August 27, 1985, in the Council Chamber of Downey City Hall. Designation of Newspaper for Legal Publication: Designate Press Telegram Newspaper as the official newspaper for matters of legal publication on a temporary basis (six months) until further studies can be undertaken. RESOLUTION NO. 4631 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPLICATION FOR FUNDS UNDER THE CALIFORNIA SENIOR CENTER BOND ACT OF 1984 FOR RIO SAN GABRIEL ACTIVITY BUILDING RENOVATION AND EXPANSION AYES: 5 Council Members: Santangelo, Boggs, Cormack, Barb, Davila Election of Officers for the City's Design Review Board Councilman Santangelo asked if the report indicates that the Board, itself, elects a new Chairman on an annual basis. Mr. Yoshiki replied yes, at the time the report was written the Board elected Mike Turner as its new Chairman. The position of Vice -Chairman was held pending the return of an absent Board member. It was moved by Councilman Santangelo and seconded by Councilwoman Boggs to receive and file the report. Mayor Davila said he will abstain from voting on the Minutes of the Adjourned Regular Meetings of July 15, 1985, and July 23, 1985. It was moved by Councilman Barb, seconded by Councilwoman Boggs, and passed by the following vote to approve the Minutes. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb ABSTAIN: 1 Council Member: Davila Council Minutes 8/13/85 -7- Mayor Davila said the Minutes of Adjourned Regular Meeting, July 22, 1985, show the meeting adjourned to 5:00 instead of 5:30. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by unanimous vote to approve the Minutes as corrected. ORAL COMMUNICATIONS - Items not on Agenda: None ORDINANCES: None RESOLUTIONS It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by unanimous vote to continue the Resolutions providing Wage Adjustments for Part-time Hourly Classifications and Authorizing Cost -of - Living Salary Adjustments for Executive Management, Middle Management, and Confidential/Exempt Employees until the next meeting. RESOLUTION NO. 4632 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING CLASS SPECIFICATIONS AND DESIGNATING SALARY RANGES FOR POLICE AID II AND COMPUTER OPERATOR II 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. ADMINISTRATIVE REPORTS It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by unanimous vote to install a Stop Sign at Guatemala and Lubec for a one-year period, and if it proves to be wrong it will be removed. Councilman Santangelo complimented staff for its report on this matter. Councilman Barb commented on removal of the right -turn signs on Suva and said he was not aware of the impact this would have. He also mentioned that traffic coming off the Santa Ana Freeway down Paramount uses the residential areas as a by-pass, and he suggested that during the morning peak hours there may be an advantage to keeping traffic coming south on Paramount and from using the residential area as a cut through. Councilman Cormack said when he made a motion to remove the right -turn sign he was referring to the Suva area, and he was surprised when the others were also removed. During discussion, Mr. Ralph commented on the original intent of a 90-day summer program to re-educate people from using this particular area as a thoroughfare and to get them on streets which are believed to be safer for all concerned. Staff can work toward finding routes, and he will go back to the Traffic Committee to discuss the three signs and come back to the Council. It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by unanimous vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract No. SS-396, Via Amorita Avenue/Susan Avenue. It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by unanimous vote to authorize the City Manager to sign revision of the Agreement with Stonewood Shopping Center for providing additional police - protection. ORAL COMMUNICATIONS - Staff Members: None ORAL COMMUNICATIONS - Audience Mr. Ken Miller, 7336 Cleargrove Drive, commented on Senate Bill 1091 which would provide revenue for cities designated as low and no Property Tax cities and of Senate Bill 1415 which was subsequently drafted to provide the funding from an increase in passenger motor vehicle in -lieu fees. He mentioned he previously expressed concern that fees from Downey residents Council Minutes 8/13/85 -8- would be providing this revenue for other cities and requested the Council to take a position in opposition. As a result a letter was authorized to be written to Assembyman Grisham and Senator Carpenter, which he understands has not been done. Mr. Miller made further comments and requested the Council appoint two of its members to work on this issue and find out who else might be opposed. Councilman Cormack concurred and feels the City should spend some money for a lobbyist. He offered to work with Mr. Miller on this matter. Councilman Barb said he will be joining the Board of Directors of ICA at an installation meeting Thursday evening, and maybe this is the time to ask ICA where they stand. He asked Mr. Miller to provide him with some material prior to the meeting. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by unanimous vote to get a letter written, signed and sent not only to Senator Carpenter and Assemblyman Grisham but to the rest of the Assembly; set up a committee of two Council Members and Mr. Miller; look into the cost of a lobbyist; and consider sending Mr.. Miller and one Council Member to testify before the Assembly at the appropriate time. Mayor Davila appointed Councilman Cormack to go to Sacramento. Mr. Miller requested the letter include reasons why the Council is opposed. ORAL COMMUNICATIONS - City Council Councilwoman Boggs said she is seeing more satellite dishes throughout the City, and she requested staff move forward on the Satellite Dish Ordinance so people will not find themselves with a financial burden. Councilwoman Boggs suggested people at City Hall get involved in the DART Program and save aluminum cans and newspaper. Councilwoman Boggs requested staff look into College Hospital opening a drug and alcohol rehabilitation center in the Diller Retirement Home, which is in violation of the DDA and creates some zoning problems. Councilwoman Boggs referred to the Newsrack Ordinance and asked if the nude photos with pasties would qualify them for being covered. Mr. Newton replied if the pasties result in no exposure of portions of the anatomy that are prohibited, then it would not be in violation. Councilwoman Boggs has been informed that Supervisor Schabarum has invited former Mayors and some of his commissioners and committee members as guests to a meeting this week at Rancho Los Amigos and is not allowing City staff to attend. She suggested the Council host a special meeting with the same individuals after Mr. Schabarum's meeting. During discussion, it was pointed out the Council will be conducting a hearing on the Rancho property at the next meeting. It was also noted that Mr. Ken Miller is invited to Mr. Schabarum's meeting. Mayor Davila said he can call a town hall meeting at Apollo Center and members of the Council can sit in the audience. Mr. Newton indicated that if the Council Members are going to sit and listen to other speakers than it would not constitute a meeting, but if the Council Members engage in any discussions or deliberations it would be a meet- ing of the Council, which would have to either be an adjourned or special meeting. Councilwoman Boggs inquired about the closing date and number of applica- tions received for the City Manager position. She was told the closing date is August 19th; there are approximately 42-43 applicants; and each Council Member will be provided with copies of the applications. Councilwoman Boggs requested Code enforcement check on construction of a building with a balcony overhanging the sidewalk which is located where Meadow Road intersects with Lakewood. The other involves the storage of a camper and two trailers on the vacant lot west of the Imperial Law Center, Council Minutes 8/13/85 -9- Councilwoman Boggs asked when it is planned to re-evaluate composition of the PAC Committee. She will bring it up next meeting when Mr. Cutts returns from vacation. Councilwoman Boggs requested the Department of Community Services to check into the temperature control at the Museum of Art and if there is a way the City can help with air conditioning. Mr. Ralph will check into it. Councilwoman Boggs has had a request from people concerned about alcoholic beverages in the parks and she requested a follow-up on this matter. Councilwoman Boggs reported on receipt of a letter from children of the property owner (Wilder) at 7203 Pellet who is being requested to put in a driveway. She would like information on what is occurring with this property. Councilwoman Boggs reported on receipt of a letter from the Chairman of the Charter Review Committee requesting the Committee to study the City Attorney issue as part of the Charter study, which she said was received the day after material on this matter was submitted to the Council by the former City Manager. She had hoped the Council could have reviewed this subject before the new Budget went into effect. Councilwoman Boggs indicated she would like to hear the Committee's input on what it thinks might be advan- tageous to having either a contract attorney or in-house attorney, but she would like the Council to review this since it appears it will be December before the Committee can conduct its study. Councilman Santangelo stated that he would like the Committee to study anything it would like in relation to the Charter. Councilman Cormack feels it does not relate to the Charter and should be a separate study. Councilman Barb prefers that the Committee complete the Charter study and then if they choose to study the City Attorney issue they can do so at a later date. Councilwoman Boggs does not object, but the Council should make its wishes known before the Committee embarks on the study. She and Councilman Barb indicated the Committee should continue with the Charter study before embarking on this study. Mayor Davila said the concensus of the Council is to have the Committee study the Charter and leave the City Attorney issue to the last. It was also agreed to give the Committee a copy of the report from the former City Manager. Mayor Davila referred to graffiti on the east side of the former Southeast News building at 8001 Albia and a light out across the street. Mayor Davila said it apears there will not be a quorum at the Council Meeting of October 8th due to the League Conference. He suggested consider- ing the dates of October 1st or October 15th. To be discussed at the next meeting. ADJOURNMENT: 11:02 p.m. The meeting was adjourned at 11:02 p.m. to 6:30 p.m., August 27, 1985, in the Council Chamber of Downey City Hall, for closed session on pending and potential litigation and personnel. 1�iT Jeans ook�, Deputy City erk-Treasurer Bob Davila, Mayor Council Minutes 8/13/85 -10-