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HomeMy WebLinkAboutMinutes-10-22-85-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 22, 1985 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. General Plan Amendment 85-1 & Specific Plan 85-1, Hearing closed; Rancho Los Amigos Property Table to next reg. mtg. 1-5 Res. #4647, Approvg. Employment Agmt. bet. Don Davis & City of Downey Adopted 4 Res. denying Amndmt. to DMC re Hotels/Motels Tabled for further info. 6 Amendment of Revenue Sharing Budget for 1985-86 Fiscal Year to help finance Fire Protection Costs Approved 6 Res. #4648, Ord. Annexatn, into Ltg. Maint. Dist. AD 121 (Annex. 85/30 - Stewart & Gray Rd. bet. Rives & Horton) Adopted 7 Removal of Items from Consent Calendar 7 Minutes: Adj. Reg. Mtgs., Sept. 24, 1985, & Oct. 1, 1985; & Spec. Called Mtg., Oct. 1, 1985 Approved 7 Corres. from Cal. Women's Comm. on Alcoholism re support for College House Received & filed 7 Legal Claims for Rejection: Ref. #754, Torres; & Ref. #761, Appl. f/Late Claim of Ringer & Blasco Rejected 7 CC #SS-324/350 (FAU), Imperial Hwy, from Coldbrook to San Gabriel River Bridge: Accept imprvmts. Approved 7 CC #500, Relief Sewer - Luxor St./Downey Av.: Plans & specs & grant. auth. to adv. f/bids Approved 7 CC #531, Water Mains - Century Freeway Corridor, Bellflower B1. to ECL: Plans & specs & grant auth. to adv. f/bids Approved 7 General Warrants #8844 - 9712 Approved 7 Sale of Excess Water Facilities Corp. Property on Golden Av. N/o Dempster St. Approved 7 Res. #4649, Concurring w/March 1984 Update of L.A. County Solid Waste Mgmt. Plan, Nonhazardous Waste Element- 7 Relocation of Water Facilities - Route 105 Fwy.: Auth. Mayor to enter into Agmt. w/BSI Consultants for preparation of plans & specs Approved 7 Res. #4650, Auth. Water Purchase Contracts Adopted 8 Report on Water Service - 8846 Manzanar Av. Received & filed 8 Citywide Sidewalk Report (Preliminary) Received & filed 8 Res. #4654, Apprvg. Final Subdiv. Map of Parcel Map #16654 (12411 Brookshire) Adopted 8 Res. #4652, Petitioning the President & Congress to Retain Deductibility of State & Local Taxes Adopted 8 Minutes, Reg. Mtg., September 24, 1985 Approved 8 Page 1 of 2 COUNCIL MINUTES, OCTOBER 22, 1985 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Corres. from Del Clawson re Conducting Weekly Council Meetings: Motion to direct staff to prepare Ord. establishing weekly Council Meetings on Tuesday Tabled 8 Excess Water Facility Corp. Property: Accept offer from Mr. DePalma, which will free Water Div. from maintenance responsibilities & allow f/completion of Planett at intersection w/Orange Approved 8 Membership in L.A. County Div. League of Calif. Cities for FY 1985-86: Appropriation Approved 8 John Gonzalez re difficulty obtaining City records & questioned prices for copies of documents 8 Res. #4651, Rescinding Res. #4435 & Updating Fees & Service Charges for Copies of City Documents & Certain Police Services Adopted 9 Res. #4653, Setting forth Procedure for Charging for Requests for Research & Investigation Adopted 9 Cn. Barb re restraining order on behalf of City Clerk 9 Ord. #805, Decl. Moratorium on Establishment of Hotels & Motels until Study is completed & Zoning Regulations Developed f/Such Use Adopted as urgency 9 County of Kern -City of Downey Housing Finance Agency: Apptmt. of Mayor Davila & Cn. Boggs to Bd. of Directors Approved 9 CC #526, Sports Ltg. Imprvmts. at Independence Park, Rio San Gabriel Park, & Columbus Sports Facility: Waive bid bond irregularity; auth. transfer of funds; & award contract Approved 10 Underground Util. Dist. #11, Firestone Bl. - Paramount to Old River School Rd.: 6/30/85 as completion date w/private services compl. by ppty. owners by 12/31/85: & appropriation for installation of 41 lights Approved 10 Formation of Pool Study Committee: Appoint two Council Members; two School Board Members; Roger Lawrence of Recreation Comm.; & two members at -large Approved 10 Downey Lions Club Christmas Parade Route Approved 10 Mr. Saunderman re resolution on AIDS 10 Cn. Santangelo re definition of obscenity in the system 10 Motion to order a nativity set for $3,250 Approved 11 Cn. Barb req. staff check into adhering to City's Ordinance prohibiting bars in strip shopping centers 11 Mayor Davila re charge & application for Paramedic transportation service 11 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 22, 1985 The City Council of the City of Downey held a regular meeting at 7:30 p.m:, October 22, 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 James R. Cutts, Director of Community Development Lee Powell, Director of Administrative Services William F. Martin, Police Chief James R. Jarrett, Director of Community Services Ronald Yoshiki, City Planner Harald J. Henriksen, City Engineer William Sumner, Fire Marshal Scot Yotsuya, Assistant to the City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend John Wetzel, Christ Lutheran Church. The Flag Salute was led by Councilman Santangelo. PRESENTATIONS: None HEARINGS Mayor Davila opened the hearing on General Plan Amendment 85-1 and Specific Plan 85-1, Rancho Los Amigos Property. Mr. Cutts reported the property is owned by the County and is located on the southwest corner of Rives and Imperial and consists of approximately 14 acres known as Parcel A. The general plan amendment requests a change in designation from public to light industrial and the zoning from R1-5000 to a specific plan. The specific plan would establish rules on what could transpire on the property with regard to development standards, height, setbacks from residential and the street, what traffic circulation would be, as well as providing a list of uses for the property. Two specific plans have been prepared, one by the City and the other by the County. Mr. Cutts indicated there are several items that need to be clarified and that when they are the parties can come together on the issue. The specific plan reviews public services, circulation, water, sewer, storm drain, flood control, energy, fire and police, and with some adjustments it is felt the area can accommodate such a development. The County's plan suggests Old River School Road and Rives Avenue be widened to five lanes, and that prior to develop- ment of the property the County indicates it will conduct a traffic analysis study to determine whether there is a need for an access ramp onto Imperial. Mr. Cutts commented on manufacturing uses that would be allowed on the property and discussed further items considered in the County's specific plan. The County has indicated it will prepare a master site plan, which would require approval by the Planning Commission. He pointed out the County and City are considering the same types of uses for the property except for manufacturing shown in the County plan, which City staff feels would not be agreeable because there are problems having manufacturing use so close to residential areas. Also, it is felt that further construction on Parcels B and C would allow for manufacturing uses because they are further removed from residential, with Parcel A acting as a buffer. He commented on other uses that would not be suitable for the property because of the traffic they would create and discussed the concerns on traffic circulation. Mr. Cutts then narrated a slide presentation of the subject property and sur- rounding area. He stated the Commission recommends denial of the general plan amendment and specific plan, and staff recommends that after Council conducts and closes the hearing that it provide specific direction to staff of any changes that should be made to the specific plan, which will come back next meeting. Council Minutes 10/22/85 -1- 1 Mayor Davila inquired if the City Clerk had Proof of Publication, and the response was yes. It was moved by Councilman Santangelo, seconded by Councilman Barb, and so ordered to receive and file the Proof. The applicant was asked to come forward and present his case. Mr. Victor Grgas, Director of Planning for the County Community Development Commission, 1436 Goodrich Boulevard, Commerce, introduced other County staff members present and commented on the meetings that have been held on this issue since the Council referred the specific plan to the Planning Commission in August in an effort to solve problems and concerns. He pointed out the County's deci- sion to develop the property was based on need for revenue and the fact that the County's property was either poorly utilized or not being utilized at all. He also discussed the decision to develop the property with light industrial uses and said it was felt a specific plan would be the best vehicle in applying regu- lations for the development being considered. The proposed circulation plan is a direct result of the City's own traffic study, and the specific plan provides the City with control over development. Debbie Lynn, Project Manager for the Parcel A Project with the County Community Development Commission, narrated a slide presentation of industrial parks in Los Angeles and Orange Counties showing the type of development standards the County will be considering in its project. She indicated no buildings will be constructed within 140 feet of residential properties. Mr. Grgas mentioned considerable thought has gone into preparing the specific plan, which was drafted pursuant to requirements of State Law. He said an informational package was submitted to the City on October 18th, which discusses particular planning issues associated with the proposed development, and he requested for the record that the entire package be entered into the public record. He also requested the County's specific plan be adopted, inasmuch as it contains uses it feels are appropriate for the site, are warranted by the market, and would be of extreme benefit to the community as well as the County. Also, it includes light assembly types of business that would be associated with a research and development or business type park. The County believes its plan to be more restrictive than the City's because it contains restrictions on use of hazardous materials; requires design review prior to any development on the site; and a State mandated or required redevelopment plan map. In closing, Mr. Grgas said approval of the County's specific plan and the general plan amendment will guarantee the County and City will be able to provide services residents and con- stituents require; they can rely on long-term revenues to pay for the services; and it will create a significant number of jobs for Downey and surrounding residents. Responding to questions he said the County has agreed to set aside right-of-way for construction of access ramps onto Imperial but reserves any decision on that matter until they are actually warranted by conducting appropriate traffic studies rather than make them a condition of development. Mr. Cutts indicated the City is requesting the ramps be constructed prior to development of Parcels B and C. Mr. Joseph DiLoreto, 9266 Otto Street, business address 8607 Imperial Highway, spoke in favor of the County project which he considers to be beneficial to both the County and City. He noted the southern part of the City seems to get the last attention and that Imperial Highway has undergone substantial change over the years which have been long overdue. He asked the Council to adopt the County's specific plan for development of this project. Mr. Richard Jennings, 7435 Stewart & Gray Road, commented regarding the redevelopment that has taken place in upgrading other cities and said this pro- ject,is an opportunity to make a move in the right direction which will increase revenue for the County and City and property values in the surrounding area. Mr. Mike Manicone, 10400 Gaybrook, said many residential developments in the City have been for planned unit developments, which is high density, and he feels developments are needed that will provide revenue for the City. He does not think R-1 is a logical solution for this particular parcel of land but feels the County's proposal is best for this particular area and would provide the City with the only well -designed industrial park in the community. Dr. John Abbey, 7270 Rio Flora, favored the project but suggested keeping the Imperial Highway corridor for medical and rehabilitation purposes. Council Minutes 10/22/85 -2- Mr. Larry Hoag, 7730 Fourth Place, busines said he hopes heavy duty factories will not be that there is a market for a light manufacturing valuable for condominium development. s at 10551 Paramount Boulevard, developed on the property, but business park. The land is too There being no one else to speak in favor, Mayor Davila asked if anyone wished to speak in opposition. Mr. Larry Marks, 7808 Borson Avenue, said he lives adjacent to the subject property and that the height of the proposed buildings are not what is shown in the specific plan. People are concerned about what is going to be built on the property, and the specific plan does state paint and lacquer manufacturing, which could affect the City's fire protection. Mr. Marks questioned whether the development will have a significant affect on the environment and noise level and commented on how the proposed development will affect adjacent residential properties. He also wants to know the actual heights on the buildings and he would favor a retirement home on the property. Mr. Norman Horay, 7839 Adoree, feels increased traffic flow will be hazardous for the area. Mr. Raymond Breaux, 7802 Adoree, does not feel the County has done every- thing it can regarding this matter. He spoke against adding traffic to the area. Mr. John Corchran, 7953 Dalen Street, commented regarding excessive traffic that already exists along Imperial and the intent to place commercial and manu- facturing on hospital grounds. He has heard no plans to protect the hospital from additional noise and traffic. The City and County should work out protection for the hospital and residents of the area. Mr. Meredith Perkins, 12729 Smallwood Avenue, responded to comments made by speakers in favor and discussed the number of additional vehicular traffic that will be generated by the project, noting the schools that are located on Imperial Highway. He feels there are not enough specifics contained in the specific plan. Corrine Wicks, 12723 Smallwood Avenue, said she understood there was a negative impact study and asked whether the Cicy could legally accept the plan. Mr. Newton replied that a negative declaration could be a basis for approving the project. Mr. Robert Marks, 6731 Brice Street, Bell Gardens, asked if the negative declaration has been filed and accepted and he was told it has been proposed. Responding to further questions, Mr. Newton explained the determination of a negative declaration cannot be made until all evidence has been presented to the Council. A negative declaration has been drafted and suggested by staff. Mr. Lavonne Marks, 7808 Borson, commented on the number of meetings that have been held on this matter and noted the number of flyers has and her family have circulated during the last year. A petition has also been circulated requesting the Council to turn down County's proposal SP-35 for the development of Parcel A of the Rancho property. She also mentioned the property owners would like the zoning change to be in accordance with an overall master plan for the entire 212 acres and a full environmental impact study done on the entire pro- perty, not just Parcel A. Mrs. Marks referred to the number of manufacturing developments located in south Downey and said the specific plan indicates that anything not covered in the plan goes back to M-1 zoning. She also feels research and development mentioned in the County's plan covers a multitude of items and she is concerned about leaving that in the plan. She requested the City obtain an overall master plan and a proper environmental impact study approved by the State so that everyone will know what is in the specific plan and General Plan for this area. Mr. Carl DiMico, 7838 Comolette, noted the improvements he has made on his home and of the general beautification to property made by other residents in the area. He expressed opposition to the project by questioning how the property will be used. Mr. Ken Hoops, 7863 Borson Street, said he is opposed to the present plan and noted those who have spoken in favor do not live in the area. He does not feel people would object to a rest home on the property. Council Minutes 10/22/85 -3- There being no one else to speak in opposition, rebuttal time was granted to the applicant. Mr. Grgas responded to comments made by speakers in opposition with regard to constructing a senior citizen project on the site and results of traffic studies on Imperial. Debbie Lynn also discussed the proposed ramps on Imperial and overpass on Erickson and noted the measures that have been taken to ensure the safety of hospital patients. Mr. Grgas stated it is felt the project will benefit people on Smallwood attempting to get out onto Imperial because left turn movements can be con- trolled. He also pointed out the specific plan does not preclude hospital related uses on Parcel A, and it is hoped those uses will be attracted to the site. He noted the County's specific plan is more restrictive than the City's, and the County has made every attempt to encourage participation in the project. At the suggestion of the City Attorney, the City Clerk received in evidence all of the documents and materials that have been submitted by the applicant, opponents, and staff so there will be a complete record of the documents which have been prepared by staff and correspondence previously submitted to the City in this case. It was moved by Councilman Santangelo and seconded by Councilman Cormack to close the hearing. Mr. Newton requested the Council recess briefly to closed session for the purpose of engaging in attorney -client communications. Taking a matter out of order, Mayor Davila announced the City Council has chosen Don Davis as the new City Manager, who he introduced at this time. RESOLUTION NO. 4647 A RESOLUTION OF THE COUNCIL OF THE CITY OF DOWNEY APPROVING AN EMPLOYMENT AGREEMENT BETWEEN DON DAVIS AND THE CITY OF DOWNEY The Resolution was read in its entirety. It was moved by Councilman Barb, 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 Mr. Davis thanked the Council for showing confidence in him to represent the Council and community as City Manager. His wife, Mary Ann, was introduced. Mayor Davila declared a recess from 9:55 p.m. to 10:23 p.m. for a closed session to engage in attorney -client communications. The meeting resumed with all Council Members present. Consideration continued on the Rancho Los Amigos Property. Councilwoman Boggs raised questions and stated she does not feel that the County or City plans adequately deal with patient care in future hospital use of the property or using the Erickson bridge to help with the traffic problem. Councilman Santangelo expressed his observations and indicated he is con- cerned the County has an option to develop the property as public instead of private use. Councilman Cormack voiced his concern and cited the Council's awareness for needed services to this area of the City. He feels a full environmental impact report is needed. When asked about status of the Courthouse, Ms. Lynn said to the best of her knowledge construction is planned to begin in March or April of 1986. Councilwoman Boggs is concerned about the Planning Commission considering this matter without the material having been submitted to its attorney, who was unable to offer legal advice. She then offered a suggestion on development of the property as a buffer for residential properties and stated she would like to Council Minutes 10/22/85 -4- see an environmental impact report; have a question answered regarding the six- inch water line; and have more specifics on the traffic problem. Councilman Barb feels the concerns of the citizens should be heard and dealt with by the Council. He discussed some of the testimony presented and mentioned Imperial is developed with many uses other than residential. He feels the proposal presented guarantees more than other projects have been expected to do, but he also feels government should use whatever land is necessary and place the rest back into the private sector. He asked the Council to move forward and approve the Plan. Discussion followed. Mayor Davila expressed his views and said if the County had been more patient in working with City staff an agreement could have been reached to solve this issue. It was moved by Councilman Santangelo and seconded by Councilman Barb that the County General Plan Amendment and Specific Plan Amendment be approved subject to approval of the City's design review of the development and the City's approval of specific uses of the property and the buildings. An amended motion was made by Councilman Barb and seconded by Councilman Santangelo to include the City's concern over water supply to provide that the water situation be worked out and if necessary water be brought in from the Metropolitan Water District; remove transportation from the list of uses on Parcel A; and to bring back this matter in the proper form including the environmental requirements. Mr. Newton explained the General Plan Amendment would be implemented by way of Resolution and the Specific Plan by way of an Ordinance, and staff will attempt to bring these documents back with findings to support the action taken and also reciting certification of the negative declaration and findings to support that determination. It was moved by Councilman Cormack and seconded by Councilwoman Boggs to further amend the motion by inserting a full environmental impact report rather than a negative declaration. Mr. Grgas was asked if a full EIR would be a problem, and he replied it would at this point. The second amendment to the motion was passed by the following vote: AYES: 3 Council Members: Boggs, Cormack, Davila NOES: 2 Council Members: Santangelo, Barb Mr. Grgas was asked if a full EIR would "kill" the project for Parcel A, and he replied yes. Mr. Newton stated that if a full EIR is to be done on the project, it would be necessary -to continue consideration of the entire project until the EIR is completed, which would be a period of time estimated by staff and could take from three to six months. An amended motion was made by Councilman Santangelo and seconded by Council- woman Boggs that the Specific Plan for development of Parcel A move forward with a negative declaration and when the County goes forward with further development of Parcels B and C that they provide an EIR for the entire project. Further discussion ensued. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and passed by the following vote to table to the next regular Council Meeting of November 12, 1985. AYES: 3 Council Members: Boggs, Cormack, Davila NOES: 2 Council Members: Santangelo, Barb Mayor Davila declared a recess from 11:18 p.m, to 11:31 p.m. The meeting resumed with all Council Members present. Council Minutes 10/22/85 -5- Mayor Davila opened the hearing on proposed Amendment to Downey Municipal Code regarding Hotels and Motels. 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 Barb, and so ordered to receive and file the Proof. Mr. Cutts reported that in 1983 there was discussion regarding the length of stay in hotels and motels exceeding 30 days, and it was felt there was a need to clarify the definition of hotels and motels to make the distinction that the uses are commercial and not residential. The Planning Commission came to the conclu- sion that the 30-day limitation would preclude the ability of travelers and business persons from staying longer in one of these facilities; the addition of the 30-day limitation has not been a problem in the past for the City; this type of land use has not generated sufficient concern to warrant a Code amendment; and the existing hotels and motels have not been converted from commercial uses to permanent residential quarters. It is recomended the Code not be amended. Councilman Barb questioned the Bed Tax information was gathered on this matter and how the determination was made that the Code not be amended. Mayor Davila inquired if the City Clerk had received any correspondence, and the response was no. There being no one present to speak in favor or in opposition, it was moved by Councilman Santangelo, seconded by Councilman Cormack, and so ordered to close the hearing. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING AN AMENDMENT TO SECTIONS 9104.122 AND 9104.174 OF THE DOWNEY MUNICIPAL CODE (CHAPTER 1, ARTICLE IX) PERTAINING TO HOTELS/MOTELS The Resolution was read by title only. It was moved by Councilman Santangelo to waive further reading and to adopt. The Chair accepted the motion. Councilman Barb indicated he would like the City to do some inspections to find out how many people are living in these facilities permanently; ascertain from the Police Department how many calls are generated as a result of long term problems with these facilities; do a full study on this matter; and see the information gathered by the Finance Department. He knows of several locations where people have lived in the facility for years. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by unanimous vote to table until such information has been gathered as requested by Councilman Barb. Mayor Davila opened the hearing on Amending the Revenue Sharing Budget for the 1985-86 Fiscal Year to help finance Fire Protection Costs. 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 Cormack and so ordered to receive and file the Proof. Mr. Powell reported the Council has indicated its preference to use General Fund money instead of Revenue Sharing Funds for small capital projects, and the transfer requested is $147,900 to help finance fire protection costs. There being no one present to speak in favor or in opposition, it was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and so ordered to close the hearing. It was moved by Councilman Barb, seconded by Councilwoman Boggs, and passed by unanimous vote to approve a budget transfer of $147,900 from Revenue sharing to the General Fund to help finance Fire protection costs. Mayor Davila opened the hearing on Lighting District Annexation 85/30 - Stewart & Gray Road between Rives Avenue and Horton Avenue. 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 Councilman Santangelo to receive and file the Affidavit and Proof. Council Minutes 10/22/85 -6- Mr. Henriksen reported a petition was circulated on the south side of Stewart & Gray Road between Rives and Horton and that 83 percent of the property owners agreed with the installation of lights. There were no written protests. There being no one present to speak in protest to the Annexationm, it was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and so ordered to close the hearing. RESOLUTION NO. 4648 A RESOLUTION OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN AREA TO LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THOSE AREAS (ANNEXATION 85/30 - STEWART AND GRAY ROAD BETWEEN RIVES AVENUE AND HORTON AVENUE) 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 adopt. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-B-1, Correspondence regarding Conducting Weekly Council Meetings, was removed at the request of Councilwoman Boggs. Agenda Item VIII-F-2, Offer to Purchase Excess Water Site on Orange Street, was removed at the request of Councilman Santangelo. Agenda Items VIII-G-1, Resolution regarding Fees for Copies; and VIII-G-2, Resolution regarding Fees for Research and Investigation, were removed at the request of Mr. John Gonzalez, 12350 Orizaba. Agenda Items VIII-F-5, Membership in Los Angeles County Division, League of California Cities; and VIII-A-1, Minutes, Regular Meeting of September 24, 1985, were removed at the request of Mayor Davila. CONSENT CALENDAR It was moved by Santangelo, seconded by Barb, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Adjourned Regular Meetings of September 24, 1985, and October 1, 1985; and Special Called Meeting of October 1, 1985. Correspondence from California Women's Commission on Alcoholism regarding support for College House. Legal Claim for Rejection: Ref. #754, Leandro & Rose Torres; and Ref. #761, Appl. for Late Claim of Philip Ringer & Conrad Blasco. Cash Contract #SS-324/350 (FAU), Imperial Highway from Coldbrook Avenue to San Gabriel River Bridge: Accept improvements constructed and maintenance responsibility (Account #26-16186 & 26-16226). Cash Contract #500, Relief Sewer - Luxor Street/Downey Avenue: Plans and specifications and grant authority to advertise for bids. Cash Contract #531, Water Mains - Century Freeway Corridor, Bellflower Boulevard to East City Limits: Plans and specifications and grant authority to advertise for bids. General Warrants: #8844 - 9712 -- $2,595,080.98. Sale of Excess Water Facilities Corporation Property on Golden Avenue north of Dempster Street: Sell property to Mr. and Mrs. Harold Neal for a merger with their lot. RESOLUTION NO. 4649 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONCURRING WITH THE MARCH 1984 UPDATE OF THE LOS ANGELES COUNTY SOLID WASTE MANAGEMENT PLAN, NONHAZARDOUS WASTE ELEMENT Council Minutes 10/22/85 -7- Relocation of Water Facilities - Route 105 Freeway: Authorize the Mayor to enter into an agreement with BSI Consultants, Inc., for the preparation of plans and specifications for relocation of water facilities within the construction area of the Route I-105 Freway, not to exceed $31,800. RESOLUTION NO. 4650 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING WATER PURCHASE CONTRACTS Report on Water Service - 8846 Manzanar Avenue. Citywide Sidewalk Report (Preliminary). RESOLUTION NO. 4654 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION NAP OF PARCEL MAP NO. 16654 (12411 BROOKSHIRE AVENUE) RESOLUTION NO. 4652 A RESOLUTION OF THE DOWNEY CITY COUNCIL PETITIONING THE PRESIDENT AND CONGRESS TO RETAIN THE DEDUCTIBILITY OF STATE AND LOCAL TAXES AYES: 5 Council Members: Santangelo, Boggs, Cormack, Barb, Davila It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by the following vote to approve the Minutes, Regular Meeting of September 24, 1985. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb ABSTAIN: 1 Council Member: Davila Correspondence from Del Clawson regarding Conducting Weekly Council Meetings Councilwoman Boggs would like to discuss this at a later time but asked that the Council consider possibly having weekly meetings. A motion was made by Councilman Santangelo and seconded by Councilman Barb that staff be directed to prepare an Ordinance establishing weekly Council Meetings on Tuesday. Councilman Barb suggested leaving the schedule as is but concluding the meetings by adjourning to the following Tuesday or setting a time limit for Council Meetings. Mr. Davis said there will be problems in creating weekly agendas. Councilman Cormack suggested meetings could be expedited by limiting Council Members' debates to one time per issue. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by unanimous vote to table the motion. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and passed by the following vote to accept the offer from Mr. De Palma, which will free the Water Division from maintenance responsibilities for Excess Water Facility Corporation Property and allow for completion of Planett Avenue at the intersection with Orange Street. AYES: 4 Council Members: Boggs, Cormack, Barb, Davila ABSTAIN: 1 Council Member: Santangelo Following discussion, it was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by the following vote to approve continued membership in the Los Angeles County Division of the League of California Cities for Fiscal Year 1985-86 and appropriate $675 from the General Fund to the City Council's Professional and Technical Service Fees Account (#670). AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila Council Minutes 10/22/85 -8- Mr. John Gonzalez, 12350 Orizaba, commented regarding the difficulty he has in obtaining public records from the City and questioned the price being established for obtaining copies of documents. RESOLUTION NO. 4651 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING RESOLUTION NO. 4435, AND UPDATING FEES AND SERVICE CHARGES FOR COPIES OF CITY DOCUMENTS AND CERTAIN POLICE SERVICES The Resolution 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. It was noted the only principal change in fees concerns microfilm copies of building permits. Also, pre -duplicated copies of Resolutions, Ordinances, Agendas, and Minutes are free. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila RESOLUTION NO. 4653 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SETTING FORTH A PROCEDURE FOR CHARGING FOR REQUESTS FOR RESEARCH AND INVESTIGATION The Resolution was read by title only. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila Councilman Barb mentioned several people in the community have restraining orders against Mr. Gonzalez, and the Council is in receipt of a memo from the City Clerk indicating Mr. Gonzalez continues to call the Clerk's office three and four times a day. Mr. Newton explained he has been in consultation with the City Clerk on this matter, and additional facts are needed to enable his office to act in the manner it has previously on behalf of other members of staff and City Council. His office is still developing the necessary information to proceed, which is still uncertain at this time. He will report back to the Council. ORAL COMMUNICATIONS - Items not on Agenda: None ORDINANCES ORDINANCE NO. 805 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING A MORATORIUM ON THE ESTABLISHMENT OF HOTELS AND MOTELS IN THE CITY OF DOWNEY UNTIL A STUDY IS COMPLETED AND ZONING REGULATIONS DEVELOPED FOR SUCH USE; SAID ORDINANCE TO BE ADOPTED AS AN URGENCY ODINANCE PURSUANT TO SECTION 511 OF THE DOWNEY MUNICIPAL CHARTER AND SECTION 65858 OF THE GOVERNMENT CODE The Ordinance was read in its entirety. It was moved by Councilman Cormack, seconded by Councilman Barb, and passed by unanimous vote to adopt. RESOLUTIONS: None ADMINISTRATIVE REPORTS It was moved by Councilman Boggs and seconded by Councilman Cormack to appoint Council Members Santangelo and Davila to serve on the Board of Directors of the County of Kern -City of Downey Housing Finance Agency. An amended motion was made by Councilman Santangelo, seconded by Councilman Barb, and passed by the following vote to appoint Mayor Davila and Councilwoman Boggs. Council Minutes 10/22/85 -9- AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by unanimous vote to waive the minor bid irregularity; authorize the transfer of funds in the amount of $4,000 from Account #28-20318 to Account #28- 20321; and award a contract totaling $129,160 to Scott Electric Company for construction of Sports Lighting Improvements at Independence Park, Rio San Gabriel Park and Columbus Sports Facility under Cash Contract No. 526. It was moved by Councilman Barb, seconded by Councilwoman Boggs, and passed by unanimous vote to approve June 30, 1986, as the completion date for Under- ground Utility District No. 11, Firestone Boulevard - Paramount Boulevard to Old River School Road, with private services to be completed by the property owners by December 31, 1985; and appropriate $15,621 from Zone II Street Lighting Funds for installation of 41 street lights. It was moved by Councilman Santangelo and seconded by Councilwoman Boggs to appoint Councilman Barb as the Council appointee and approve the report on Formation of Pool Study Committee. Councilwoman Boggs prefers having two Council Members and two School Board Members on the committee. Discussion was held regarding selection of the committee members. Mr. Jarrett explained the School Board has suggested two of its members. The motion and second were withdrawn. It was moved by Councilman Cormack and seconded by Councilwoman Boggs to appoint Council Members Santangelo and Barb to serve on the committee. An amendment to the motion was made by Councilman Santangelo to have two people from the Recreation and Community Services Commission. He suggested Jim Derry. An amendment to the motion was made by Councilwoman Boggs, seconded by Councilman Cormack, and passed by unanimous vote to approve the appointments of two Council Members; two School Board members; Roger Lawrence of the Recreation Commission; and two members at -large - Alice Yamada and Jim Derry. ORAL COMMUNICATIONS - Staff Members It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to approve the Downey Lions Club Christmas Parade Route. Councilman Cormack said the route should include Firestone Boulevard. AYES: 5 Council Members: Santangelo, Boggs, Cormack, Barb, Davila ORAL COMMUNICATIONS - Audience Mr. Kevin Saunderman, 5540 West 39th Street, Hawthorne, representing the National Democratic Policy Committee and member of the Schuler Institute, urged the Council to adopt a resolution on the matter of AIDS. ORAL COMMUNICATIONS - City Council Councilman Santangelo requested adoption of a resolution supporting the City of Modesto on definition of obscenity in the system. Referred to the City Manager for preparation of a resolution. Councilman Santangelo referred to a memorandum from Mr. Jim Jarrett outlin- ing various options on Christmas decorations at City Hall, and he asked about having a nativity scene. Mr. Newton cited a Supreme Court decision involving a case in Rhode Island, wherein it was determined that a nativy scene minimally supported by the Council was not an unwarranted entanglement between state and religion. However, he mentioned a California Supreme Court case involving the lighted display of a Roman Cross in the Los Angeles City Hall was held to be in violation of the State Council Minutes 10/22/85 -10- Constitution. He is conducting research on this issue and should have a report to the Council within the next two weeks. It was moved by Councilman Santangelo and seconded by Councilman Cormack to order the nativity set for the cost outlined in the memo of October 9th from Mr. Jim Jarrett in the amount of $3,250. Councilwoman Boggs has responded to the memo and favors purchasing two banners, a Christmas tree and decorations for City Hall. She also approves of a nativity scene but does not feel it warrants going to court. AYES: 3 Council Members: Santangelo, Cormack, Barb ABSTAIN: 2 Council Members: Boggs, Davila Councilman Barb has spoken to Mr. Cutts and several Council Members about checking into the City's Ordinance against bars in strip shopping centers, which states they cannot be located within 500 feet of residences, but the City has allowed them under conditional use permits. He would like bars to be prohibited where they directly adjoin residential completely and the Ordinance adhered to and asked staff to look into this matter. Mayor Davila inquired about the City charging for Paramedic transportation service, which will be on the next water bill. Mr. Davis explained it is strictly voluntary, and if a person does not wish to apply, it may be deleted from the water bill. In the event a person does not receive a water bill but wishes to participate, there will be an, application included in the next Communicator, whereby condominium and apartment residents may apply, or they can pick up an application at locations in the City. ADJOURNMENT: 1:10 a.m. Robert'L. Shand, City Clerk -Treasurer Bob Davila, Mayor Council Minutes 10/22/85 -11-