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HomeMy WebLinkAboutMinutes-02-25-86-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 25, 1986 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Mayor Davila introduced Mr. Leon Emerson, his _ appointee to Planning Comm. 1 Proclamation decl. March as Nutrition Month 1 Proclamation decl. Drug & Alcohol Abuse Awareness Month 1 Commendation to Officer Paul Jabobs for bravery in saving man from burning vehicle 1 Proposed Amendment to DMC re Satellite Dish Ref. back to staff for Antennas Ordinance changes 1 Res. #4696, Ord. Annexn. into Ltg. Maint. Dist. AD 121 (Annex. 86/-01 - Puritan St, from Brookshire Ely. to Cul-de-sac & Laureldale Av. from Puritan St. Sly. to 105 Fwy. R/W) Adopted 4 Res. #4697, Ord. Vacation of Portions of Irrevo- cable Offers of Dedication known as Bergman Ln. Adopted 4 Ord. amending DMC re Hotels & Motels Introduced 5 Removal of Items from Consent Calendar 5 _ Minutes: Adj. Reg. Mtgs., Jan. 30, 1986, & Feb. 4, 1986 Approved 6 Legal Claims for Rejection Ref. #718 - County of L.A.; Ref. #779 - Parada; Ref. #780 - Navarro; Ref. #782 - Wilson; & Ref. #783 - Hickok Approved 6 General Warrants #12359 - 12867 Approved 6 Misc. Proj. #210, Sewer Relocation I-105 Fwy.: Auth. transfer of funds for use on project Approved 6 1986 Season Lot Cleaning Program: Deny any protests & order work to be performed Approved 6 Status Report on Elm Vista Dr. Task Force Received & filed 6 Status Report on Dinsdale Av./Jack LaLanne Parking Problem Received & filed 6 Res. #4698, Terminating Apptmt. of David Ray as member of Planning Comm. Adopted 6 Res. #4699, Terminating Apptmt. of David Ray as _ member of Personnel Adv. Bd. Adopted 6 Res. #4700, Apprvg. Apptmt. of Leon Emerson to Planning Comm., Dist. 2 Adopted 6 Res. #4701, Apprvg. Apptmt. of James A. Lytle to Personnel Adv. Bd., Dist. 2 Adopted 6 Res. #4702, Apprvg. Apptmt. of Craig Harper to L.A. County Regional Public Recreation Area Auth, Dist, 1 Adopted 6 Report on Status Rancho Los Amigos Library Bldg. Received & filed 6 Page 1 of 3 COUNCIL MINUTES, FEBRUARY 25, 1986 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Report on Redevelopment Art Contest - Cardono Project Received & filed 7 John Gonzalez re request for refund of business license 7 Myrtle Risley re use of her driveway for possible sale of narcotics 7 12842 Gneiss Ave. Motion to ask staff to investigate & report back re necessary steps to transfer ppty. to adj. ppty. owner Approved 7 Motion to appeal Planning Commission's approval of zone variance at 12842 Gneiss Failed 7 Joel Lubin re authority of Council to overturn action of Planning Comm. 8 Rancho Los Amigos - Parcels B & C: Initiate Gen. Plan Amndmt.; refer it to Planning Comm.; & req. EIR be prepared for both parcels Approved 8 Proposed procedure re Public Participation during Council Meetings: Modified & place on back sheet of Agenda at every meeting Approved 8 Capital Improvements Program Approved 9 John Gonzalez re proposed sale of property at 12842 Gneiss 9 Motion to request staff to continue trying to find logo compatible for use in conjunction with City Seal Failed 9 Ch. Boggs req. requirement to prohibit pipes from being placed on outside of buildings Ref. to staff 9 Ch. Boggs re Transportation Needs R possible use of Prop A Funds & possibility of purchasing some new buses 9 Opposition to AB 2674 re proposed amendments to Brown Act Ref. to staff 9 Ch. Boggs req. acknowledgement of Mr. John Lee, To be prepared by All Am. kicker from UCLA Mayor's office 10 Ch. Boggs req, study session re City Attorney position 10 Ch. Boggs re citizen request for no -smoking policy in City 10 Ch. Barb req. Council oppose actions by Rose Bird granting paroles to criminals 10 Ch. Cormack re receipt of letter on enforcement of City's Ordinances re illegal parking 10 Ch. Cormack re petition circulated requesting street lights on Lowman Av. 10 Ch. Barb re gardeners using air blowers & req. staff check other cities' requirements & also follow-up to see if gardeners are licensed 10 Page 2 of 3 COUNCIL MINUTES, FEBRUARY 25, 1986 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT Mayor Davila re City Hall employees walking on narrow concrete planters along side entrances of City Hall - suggested widening Closed session re potential litigation Meeting adjourned to 5:30 p.m., March 11, 1986 Meeting adjourned in memory of Jeannette Parry; Juan Felix, Jr., & Wendell Wiser ACTION Ref. to Dir. Pub. Wks. 10 10 10 10 Page 3 of 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 25, 1986 The City Council of the City of Downey held a regular meeting at 8:14 p.m., February 25, 1986, 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 Carl K. Newton, City Attorney William A. Ralph, Director of Public Works Lee Powell, Director of Administrative Services William F. Martin, Police Chief Ronald Irwin, Fire Chief James R. Jarrett, Director of Community Services Harald J. Henriksen, City Engineer Ronald Yoshiki, City Planner 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 Mayor Davila. The Flag Salute was led by Joyce Lawrence. PRESENTATIONS Mayor Davila introduced his new appointee to the Planning Commission, retired Judge Leon Emerson and his wife, Lee. — Mayor Davila presented to Dr. Arthur Harvey, Chairman of the Board of Gallatin Medical Group, a Proclamation declaring March as Nutrition Month. The Proclamation declaring Drug & Alcohol Abuse Awareness Month will be presented at a later date. Mayor Davila presented a Commendation to Officer Paul Jacobs for his bravery in saving a man from a burning vehicle. HEARINGS Mayor Davila opened the hearing on Proposed Amendment to Downey Municipal Code pertaining to Satellite Dish Antennas. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilwoman Boggs and so ordered to receive and file the Proof. Mr. Yoshiki mentioned an opinion letter from the City Attorney has been prepared regarding whether the proposed Ordinance pertaining to satellite dish antennas is pre-empted by FCC ruling, and the opinion is that is would not be. He then commented on staff's study and noted the Planning Commission has made revisions to its original resolution, which are outlined in staff's recommendation. _ When asked if he has received any correspondence on this matter, Mr. Shand replied a letter was received from Mr. Joel Lubin, P.E., dated February 24, 1986,.regarding satellite dish antennas. It was moved by Counclman Santangelo, seconded by Councilman Cormack, and so ordered to receive and file the correspondence. Mayor Davila then asked if there was anyone present to speak to the proposed amendment. Council Minutes 2/25/86 -1- /7, Mr. Joel Lubin, 7820 Allengrove, commended staff for the improvements made in the Ordinance. Mr. John Gonzalez, 12350 Orizaba, said the new Ordinance would not allow placing an antenna next to a building or within five feet of any roof. There being no one else to speak, it was moved by Councilman Santangelo, seconded by Councilman Cormack, and so ordered to close the hearing. Councilman Santangelo referred to revisions of the Planning Commission and said he does not see anything that prohibits antennas from being installed on the front part of the roof and said his concern when this was first discussed is that he is not opposed to the antenna or the dish, but is opposed to the location of it being obtrusive to the neighbors and the neighborhood and that the dish not be installed on the front of the house. Mr. Yoshiki said the way the Ordinance is structured an antenna less than five feet in diameter could be installed on the front portion of the house, but it could not be located in the front yard. He suggested language be added to state that antennas which are five feet or less in height shall be limited to rear portions of the house and not located on the front portion of the house. It was moved by Councilman Santangelo and seconded by Councilman Barb to modify the language on Page 3 of the Ordinance, Subsection (3) (d) to read ."shall be subject to the review of the Design Review Board and its re- quirements and that the Design Review Board's requirements would not allow roof -mounted dish antennas to be intalled on the front part of the roof." It was moved by Councilman Barb to amend the motion that no roof -mounted antennas be allowed visible from the street of a diameter over what would be an acceptable size. (See motion as re -worded.) Councilman Santangelo favored incorporating into the Ordinance Section (2) from Mr. Lubin's letter which states "satellite dish antennas two feet in diameter or smaller and antennas with an overall height of six feet or less (including portable antennas) meeting requirements of Subsection (3)(a) are exempt from the permit requirements of this section. He would not object to a roof -mounted antenna that is two feet. Mr. Yoshiki explained the Commission discussed prohibiting satellite dish antennas visible from the street, but felt it would be unreasonable because it would depend where a person was standing on the street whether he could see the antenna, and in most cases antennas would be visible from the street. He mentioned that it was determined after review by the amity Attorney's office that not prohibiting roof antennas but subjecting them to review for aesthetic impacts would be within FCC requirements. It was moved by Councilman Barb and seconded by Councilwoman Boggs to change the motion by prohibiting all roof -mounted antennas except where there is no other location to mount it and in that case it would be presented to the Planning Commission for conditional use permit. (See motion as amended on Page 3.) It was moved by Councilman Cormack and seconded by Councilwoman Boggs to amend the motion by deleting the second line of Section (d), which would then read "roof -mounted satellite dish antennas shall be reviewed by the Design Review Board." Councilwoman Boggs noted the size of air conditioning units mounted on roofs and said allowing no roof -mounted antennas is being too restrictive. She feels a minimim size allowable for roof antennas should be established and concurred with Mr. Lubin that two foot antennas be allowed without permit. Councilwoman Boggs said the amendment is still too broad. Roll call vote on the second amendment: AYES: 1 Council Member: Cormack NOES: 4 Council Members: Santangelo, Boggs, Barb, Davila Failed. Councilman Barb amended the first amended motion to state "no roof - mounted antennas with a diameter exceeding two feet unless there is no other Council Minutes 2/25/86 -2- place on the property to install the roof -mounted antenna." He requested staff to bring back an Ordinance next meeting with the proper language. Roll call vote on the first amended motion: AYES: 4 Council Members: Santangelo, Cormack, Barb, Davila NOES: 1 Council Member: _-Da-viaa The original motion as amended was then passed by the following vote: AYES: 3 Council Members: Santangelo, Cormack, Barb NOES: 2 Council Members: Boggs, Davila It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to incorporate in the Ordinance as Item No. G the suggestion made in Mr. Lubin's letter of February 2th to read "satellite dish antennas two feet in diameter or smaller and antennas with an overall height of six feet (including portable antennas) meeting requirements of Subsection (3)(a) and (d) are exempt from the permit requirements of this section." AYES: 5 Council Members: Santangelo, Boggs, Cormack, Barb, Davila Questions were raised about the responsibility and remedy for interfer- ence caused by the antennas or supporting structure which were answered by Mr. Leon Emerson, 7607 Yankey Streeet. It was moved by Councilwoman Boggs and seconded by Councilman Barb to add wording to Subsection (3) (e) to read, "Owners of antennas are responsible for correction of any inteference caused by, attributed to, or generated by the antenna or its supporting structure." Mr. Emerson said the words "attributed to" could mean that a person being accused of emitting RF transmission would have to correct it and that would place an impossible burden on any person practicing amateur radio or CB. Councilwoman Boggs withdrew her motion, requested withdrawal of the second, and made a motion, which was seconded by Councilman Cormack, to remove Sub -section (e) from the Ordinance. — Councilman Barb said he does not wish to remove his second because he feels owners of antennas are responsible for any interference they cause. It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by the following to remove the words "attributable td." AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila NOES: 1 Council Member: Cormack The original motion as amended was then passed by the following vote: AYES: 4 Council Members: Santangelo, Barb, Cormack, Davila NOES: 1 Council Member: Boggs It was moved by Councilman Santangelo, seconded by Mayor Davila, and passed by unanimous vote to refer the Ordinance back to staff to bring back the wording for Sub -section (d) and re -present it to the Council. Mayor Davila opened the hearing on Lighting District Annexation 86/01, Puritan Street from Brookshire Avenue easterly to the Cul-de-sac and Laurel - dale Avenue from Puritan Street Southerly to the 105 Freeway Right -of -Way. He inquired if the City Clerk had the Affidavit of Posting of Notice and Proof of Publication, and the response was yes. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and so ordered to receive and file the Affidavit and Proof. Mayor Davila inquired if the City Clerk had received any written protests or objections, and the response was no. There being no one present to speak in protest, it was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by unanimous vote to close the hearing. Council Minutes 2/25/86 -3- RESOLUTION NO. 4696 A RESOLUTION OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN AREA INTO LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THOSE AREAS (ANNEXATION 86/01 - PURITAN STREET FROM BROOKSHIRE AVENUE EASTERLY TO THE CUL-DE-SAC AND LAURELDALE AVENUE FROM PURITAN STREET SOUTHERLY TO THE 105 FREEWAY RIGHT-OF-WAY) The Resolution was read by title only. It was moved by Councilwoman Boggs, seconded by Councilan Cormack, and passed by unanimous vote to waive further reading and to adopt. Mayor Davila opened the hearing on Vacation No. 151, Bergman Lane. He inquired if the City Clerk had the Affidavit of Posting of Notice, and the response was yes. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and so ordered to receive and file the Affidavit. Mr. Ralph reported the City acquired some right-of-way many years ago, and the street was constructed with a cul-de-sac to exclude entrance from the commercial area, so the right-of-way is access at this time. Mayor Davila inquired if the City Clerk had received any correspondence, and the response was no. There being no one present to speak in opposition or in favor, it was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and so ordered to close the hearing. RESOLUTION NO. 4697 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE VACATION OF THE PORTIONS OF THE IRREVOCABLE OFFERS OF DEDICATION KNOWN AS BERGMAN LANE WHICH WERE NOT ACCEPTED FOR DEDICATION AS A PUBLIC ROAD The Resolution was read by title only. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by unaninmous vote to waive further reading and to adopt. During discussion regarding leaving the alley open for emergency access, Councilman Barb suggested vacating it and allowing the two businesses on both sides to develop it as a parking area, which would still allow access through the parking area through the barricade. Mr. Ralph said staff can get together with the two property owners to see if they are are interested and come back to the Council. Mayor Davila favors keeping the alley way open for emergency purposes. AYES: 5 Council Members: Santangelo, Boggs, Cormack, Barb, Davila Mayor Davila declared a recess from 9:38 p.m. to 9:50 p.m. The meeting resumed with all Council Members present. 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 Councilman Cormack, seconded by Counclwoman Boggs, and so ordered to receive and file the Proof. Mr Yoshiki reported regarding the moratorium that was imposed to enable the Planning Commission and staff to study the Code pertaining to establish- ment of hotels and motels in the City and length of stay in motel units which are used as permanent residences. He mentioned that during the study staff also examined whether or not establishment of this type of land use within the community is of a unique nature that would warrant the public hearing process through conditional use permit application. Staff also looked into the possi- bility of re-examining the parking as it pertains to this particular land use. Council Minutes 2/25/86 -4- Mr. Yoshiki then commented on the concern a 30-day Code limitation would have on the need of a business traveller or new resident to the City or State to stay in a facility longer than 30 days and that this type of facility could provide an interim residence. The Commission recommends a Code amendment identifying the uses that may be allowed within general commercial zones in the City by conditional use permit and that hotels and motels be allowed within those zones. Mayor Davila inquired if the City Clerk had received any correspondence on this matter, and the response was no. There being no one present to speak to the proposed amendment, it was moved by Councilman Cormack and so ordered to close the hearing. Councilman Santangelo stated he will abstain on all parts of the hearing. Mr. Newton noted that the Ordinance distributed to the Council for consideration contains a a new Section 3 repealing Ordinance No. 812, which is the moratorium Ordinance. Councilman Barb said the surveys submitted do not include information as to what the situation is in Downey, and he would like a copy of the Commis- sion actions on this matter. He commented on his attendance at a meeting with motel owners, wherein .it was learned that a large number of units are occupied permanently; people are using them as their homes; they are far below the minimum square footage standards the City requires for apartments; and many of the units do not have kitchens. He noted that many cities are starting to control this, and he asked the Council to come up with some controlling language and restriction as to the time a person can use the facility as a residence. Councilwoman Boggs also commented on her attendance at the meeting with motel owners and said she is concerned about families living in motel rooms. She, too, would like to see some distinction between one or two adults living for a long period of time in a motel room vs. the families and some control over how landlords can provide housing to families. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and passed by the following vote to send the Ordinance back to staff for some specifications as far as length of stay in the motels and also the types of people that would stay for a period of time. (Motion and second later withdrawn.) Mayor Davila recessed the meeting to closed session from 10:08 p.m. to 10:18 p.m. for the purpose of engaging in attorney -client co=unications. The meeting resumed with all Council Members present. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 9124.04 AND 9124.06 OF THE DOWNEY MUNICIPAL CODE WHICH RELATE TO HOTELS AND MOTELS (CHAPTER 1, ARTICLE IX) The Ordinance was read by title only. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to waive further reading and to introduce. AYES: 4 Council Members: Boggs, Cormack, Barb, Davila ABSTAIN: 1 Council Member: Santangelo The motion and second to send the Ordinance back to staff were withdrawn. It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by unanimous vote to have staff come back as soon as possible with information directed specifically at limiting permanent residency in motels either by time restriction or other language to accomplish that point and defining hotels and motels. REMOVAL OF ITEMS FROM CONSENT CALENDAR Councilwoman Boggs made a correction to a resolution item shown on the Agenda as VII-F-5, wherein the name of the appointee should read Craig Harper. Council Minutes 2/25/86 -5- Y Z r Mayor Davila requested the record reflect his abstention on Agenda Items VII-A-1 and VII-A-2, Minutes of Adjourned Regular Meetings of January 30, 1986, and February 4, 1986. Mr. Larry Marks, 7808 Borson Avenue, requested removal of Agenda Item VII-E-4, Report on Status of Library on Rancho Property. Mr. John Gonzalez, 12350 Orizaba, requested removal of Agenda Item VII-E-6, Cardono Art Project. CONSENT CALENDAR It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to approve Remainder of the Consent Calendar: Minutes: Adjourned Regular Meetings of January 30, 1986, and February 4, 1986. Legal Claims for Rejection: Ref. #718, County of Los Angeles; Ref. #779, Alejandro Parada; Ref. #780, Joaquin Alfredo Navarro; Ref. #782, Scott Wilson; and Ref. #783, Randy Lewis Hickok. General Warrants: #12359 - 12867, $1,254,224.89. Miscellaneous Project No. 210, Sewer Relocation I-105 Freeway: Authorize transfer of funds in the amount of $4,000 from Account No. 72-13989 to Account No. 72-13990 for use on this project. 1986 Season Lot Cleaning Program: Deny all protests (if any) and order work to be performed in accordance with City Ordinance and State Law. Status Report on Elm Vista Drive Task Force. Status Report on Dinsdale Avenue/Jack LaLanne Parking Problem. RESOLUTION NO. 4698 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY TERMINATING THE APPOINTMENT OF DAVID RAY AS A MEMBER OF THE PLANNING COMMISSION RESOLUTION NO. 4699 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY TERMINATING THE APPOINTMENT OF DAVID RAY AS A MEMBER OF THE PERSONNEL ADVISORY BOARD RESOLUTION NO. 4700 A RESOLUTION OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF LEON EMERSON AS A MEMBER OF THE PLANNING COMMISSION FROM COUNCILMANIC DISTRICT NO. TWO RESOLUTION NO. 4701 A RESOLUTION OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF JAMES A. LYTLE AS A MEMBER OF THE PERSONNEL ADVISORY BOARD FROM COUNCILMANIC DISTRICT NO. TWO RESOLUTION NO. 4702 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVIING THE APPOINTMENT OF CRAIG HARPER AS A MEMBER OF THE LOS ANGELES COUNTY REGIONAL PUBLIC RECREATION AREA AUTHORITY FOR COUNCILMANIC DISTRICT NO. ONE AYES: 5 Council Members: Santangelo, Boggs, Cormack, Barb, Davila ABSTAIN: 1 Council Member: Davila (Council Minutes) Report on Status of Rancho Los Amigos Library Building Mr. Larry Marks, 7808 Borson, commented regarding the report and ques- tioned where the taxing ability of the property is and why the City is not collecting tax funds on the building. Council Minutes 2/25/86 -6- Mr. Newton explained the reason it is determined exempt from Property Tax by the Assessor's Office is because it is considered a public use, the Library is a governmental function and is a public use. The contractor's leasehold interest in the property was established for the purpose of financing con- struction and does not mean it is a privately -owned operation. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and passed by unanimous vote to receive and file. Report on Redevelopment Art Contest - Cardono Project Mr. John Gonzalez, 12350 Orizaba, concurred with the project in helping childen to display their talent and commented regarding his involvement in seeing that a protective fence was placed around the property. It was moved by Councilwoman Boggs to receive and file the report. Mayor Davila asked if the City will be providing any financial support. Mr. Davis replied it is his understanding the City will be assisting in affixing the plywood panels to the wall and providing $150 in miscellaneous supplies. The motion was seconded by Councilman Santangelo and passed by unanimous vote. ORAL COMMUNICATIONS - Items not on Agenda Mr. John Gonzalez, 12350 Orizaba, said he obtained a license from the City to conduct a maintenance business from his home but was told he can only perform work from his home on a part-time basis. He then returned the license and requested a refund. He placed the Council on record that at the next meeting he will present addresses of a Council Member and Planning Commis- sioners who operate businesses from their home. Mrs. Myrtle Risley, 7938 Phlox Street, described an incident that took place wherein her driveway was used in the early morning hours as the location for the possible sale of narcotics. She called the Police Department to report the incident, was informed everyone was busy, and she requested an explanation as to why. The City Manager was asked to look into this. Mr. Bob Verderber, 12828 Verdura, discussed the Planning Commission's approval of a variance for property at 12842 Gneiss Avenue for a 672 square foot housing unit to be built on a sub -standard lot. He said he subsequently contacted one of the property owners and asked if he would be interested in selling the property, and that the owner replied he would be but would have to consult with his partner. Mr. Verderber pointed out at the time of the hear- ing the adjacent property owner appeared before the Commission and indicated he did not know the property was on the market but would be interested in purchasing it. It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by the following vote to ask staff to investigate and report back on the steps necessary to transfer ownership of the property at 12842 Gneiss to the adjoining property owner and merge the two properties into one. Mayor Davila amended the motion that the City Council appeal the Planning Commission's decision to approve the variance. The motion died for lack of a second. AYES: 5 Council Members: Santangelo, Boggs, Cormack, Barb, Davila It was moved by Mayor Davila and seconded by Councilman Cormack to appeal the Planning Commission's decision of approval of the Zone Variance at 12842 Gneiss Avenue. Discussion followed. Mayor Davila recessed the meeting to closed session from 11:03 p.m, to 11:12 p.m. to discuss attorney -client communications. The meeting resumed with all Council Members present. Council Minutes 2/25/86 -7- AYES: 2 Council Members NOES: 3 Council Members Failed. Barb, Davila Santangelo, Boggs, Cormack Mr. Joel Lubin questioned whether there is a provision in the Charter or by Ordinance that gives the Council the authority to overturn an action of the Planning Commission, and he was informed that under provisions of the Zoning Ordinance the Council has the right to appeal and review any decision of the Commission. ORDINANCES: None RESOLUTIONS: None ADMIINISTRATIVE REPORTS Rancho Los Amigos - Parcels B and C Mr. Yoshiki commented regarding a letter from Los Angeles County's Community Development Commission requesting the Council to adopt minute action initiating a General Plan study pertaining to balance of the Rancho Los Amigos property. He pointed out that intiating a study would not be a statement of approval. Mr. Meridith Perkins, 12729 Smallwood Avenue, said there seems to be some uncertainty about this, and he reviewed what has taken place since this matter came to the City's attention sometime ago. He cited stipulations he hopes the Council will send to the Planning Commission to include with its review and feels any more development on the property should have an environmental impact review. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by the following vote to initiate a General Plan Amendment to Rancho Los Amigos for areas designated as B and C; refer it to the Planning Commission; and request an environmental impact report be prepared on both the parcels. Discussion followed. AYES: 3 Council Members: Santangelo, Boggs, Barb NOES: 2 Council Members: Cormack, Davila Proposed Procedure concerning Public Participation during City Council Meetings It was moved by Councilman Santangelo and seconded by Councilman Barb to delete Item No. 8, move No. 9 to No. 8, and add a new No. 9 which states "The City Council will act to protect the rights of all paricipants and ask the persons who disrupt the meeting to leave the Council Chambers or other meeting place." Mrs. Betty Kenley, 9028 Manzanar, President of the Downey League of Women Voters, read a prepared statement suggesting some modifications and questioned the action just taken by the Council on an non -agenda oral communication item. Eleanor Lindenfeld, 8846 Manzanar, concurred with the deletion of Item No. 8 and proposed the wording "Members of the audience and the Council will be expected to respect the rights of each other by not interrupting, creating noise, or other disturbances while others are speaking." Mr. Joel Lubin concurred with the proposed recommendations but does not see a need for Items 8 and 9 and the newly proposed 9 could be re -worded. AYES: 5, Council Members: Santangelo, Boggs, Cormack, Barb, Davila Mayor Davila entertained a motion to refer this back to staff for clarification. During discussion, the following changes were made: No. 3 to read, "During formal public hearings, all interested parties will be allowed to address the City Council. The Mayor will coordinate the hearing proceedings." Council Minutes 2/25/86 -8- No. 5, fourth line, "recognize the speakers" was changed to "count the number of speakers." Addition to No. 9: All communication to the Council should be relative to the business at hand." It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by the following vote to approve the Procedures as modified and that they be placed on the back of the last sheet of the Agenda at every meeting. It was moved by Councilman Santangelo and seconded by Mayor Davila to change the second sentence in Item No. 6 pertaining to the Consent Calendar to read, "All items that have been removed will be considered by the Council near the end of the Consent Calendar. Joyce Lawrence, 9627 Cheddar, expressed concern that moving an item for- ward on the Agenda to accommodate a number of people wishing to speak to an issue delays another person wanting to speak to an item later on the Agenda. AYES: 2 Council Members: Santangelo, Davila NOES: 3 Council Members: Boggs, Cormack, Barb The motion to approve the Procedures as modified was then passed by the following vote: AYES: 5 Council Members: Santangelo, Boggs, Cormack, Barb, Davila Capital Improvements Program Councilman Santangelo asked if the Firestone medians outlined on the construction period are for medians the entire length of Firestone Boulevard, and the response was yes. He then asked the City Attorney whether he would be eligible to vote on that item, and he was advised to abstain on this matter. It was moved by Councilwoman Boggs, seconded by Councilman Barb, and passed by the following vote to approve the Capital Improvements Programs. AYES: 4 Council Members: Boggs, Cormack, Barb, Davila ABSTAIN: 1 Council Member: Santangelo ORAL COMMUNICATIONS - Staff Members: None ORAL COMMUNICATIONS - Audience Mr. John Gonzalez, 12350 Orizaba, commented regarding proposed sale of property on Gneiss Avenue. ORAL COMMUNICATIONS - City Council Councilwoman Boggs requested the Council to consider going ahead with a City Logo and submitted samples of what other cities are doing. She then made a motion that staff be requested to continue trying to find a logo that would be compatible for use in conjunction with the City seal, which was seconded by Counciilman Santangelo. AYES: 2 Council Members: Santangelo, Boggs NOES: 3 Council Members: Cormack, Boggs, Davila Failed. Councilwoman Boggs referred to Re -plumbing of an Apartment on Elm Vista, where the pipes have been placed on the outside walls and she requested staff look into this type of re -plumbing to see if there can be some requirement to prohibit pipes from being placed on the outside. Referred to staff. Councilwoman Boggs hopes to receive a report from staff on Transportation needs and possible use of Prop A Funds and possibility of purchasing some new buses. It was indicated this matter will come to the Council the second meeting in March. Council Minutes 2/25/86 -9- Councilwoman Boggs said in the League of California Cities bulletin it is recommended the Council oppose Assembly Bill 2674 concerning proposed Amendments to the Brown Act and that the hearing has been changed to March llth. She made a motion to oppose AB 2674 and that staff take appropriate measures to convey the Council's sentiments to the Committee hearing on March llth. Referred to staff for handling. Councilwoman Boggs requested acknowledgement of Mr. John Lee, who is from _ Korea, is All American kicker from U.C.L.A., and has broken some records. To be prepared by the Mayor's office. Councilwoman Boggs requested a study session regarding the City Attorney position. Councilwoman Boggs commented on a citizen request for a no -smoking policy in the City. She concurs with smoking and non-smoking areas that businesses provide but this could create an expensive hardhip on businesses. Councilman Barb said a Supervisor from San Francisco has volumes of information on this issue, and he would like to look into some of them. Referred to staff. Councilman Barb remarked on information received regarding paroles granted to criminals by Justice Rose Bird and asked the Council to write letters opposing these actions. Councilman Cormack discussed a letter received regarding enforcement of the City's Ordinances relating to illegal parking. He also mentioned a petition has been circulated requesting street lights on Lowman Avenue. Councilman Barb has received two calls and seen gardeners using air blowers that blow clean at the expense of the street and surrounding neighbors. He requested making some calls to see if there are ordinances on the books in surrounding cities dealing with this problem and following -up to determine whether the gardeners are licensed. Mayor Davila is concerned about City Hall employees walking on the narrow concrete planters along the side entrances of City Hall, and he suggested widening the planters to prevent accidents. Referred to the Director of Public Works. Mayor Davila recessed the meeting to closed session for the purpose of discussing potential litigation under Section 54956.9 - Government Code, two Subdivision (b) matters. The meeting was recessed to closed session from 12:45 a.m. to 1:00 p.m. and resumed with all Council Members present. Mayor Davila stated there was no action taken in closed session required to be announced. ADJOURNMENT: 1:00 a.m. The meeting was adjourned to 5:30 p.m., March 11, 1986, in the Council Chamber of Downey City Hall. The meeting was also adjourned in memory of Jeannette Parry, Juan Felix, Jr., and Wendell Wiser. Robert L. Shand, City Clerk -Treasurer Bo Davi a, Mayor Council Minutes 2/25/86 -10-