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HomeMy WebLinkAboutMinutes-04-22-86-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 22, 1986 TABLE OF MINUTE ACTIONS SUBJECT Proclamation re April 20-26 as Keep America Beautiful Week Proclamation re May 1, 1986, as Youth Week ACTION Res. #4736, Ord. Vacation of New St., Firestone/ Second, & Second St., New/Downey Adopted PAGE NO. 1 1 1 Proposed Amendment to DMC re Definitions of Hearing closed; cont'd. Hotels & Motels to next meeting 2 Proposed amndmt. to DMC re Saellite Dish Antennas Hearing cont'd. to 5/13 3 Adoption of Amended Building Regulations Hearing cont'd. to 5/13 3 Removal of item from Consent Calendar Minutes: Adj. Reg. Mtg., April 8, 1986; & Reg. Mtg., April 8, 1986 Approved Legal Claims for Rejection: Ref. #725, Larry Pardella's Union Rejected SS Proj. #397, Citywide Misc. Repairs: Specs & grant auth. to adv. for bids Approved CC #528, Alley Reconstruction on Alleys N/o Fourth St., Rives to Smallwood; N/o Third St., Rives to Smallwood; N/o Second St., Smallwood to alley W/o Paramount; W/o Paramount, Second to Third; & E/o Lakewood, Stewart & Gray to Buckles: Plans, specs & grant auth. to adv. for bids Approved CC #SS-382, (FAU) Brookshire Av., Firestone to Cherokee Dr.: Plans, specs & grant auth. to adv. for bids contingent on final approval by Caltrans Approved CC #SS-405, Gutter Const.: Appropriation & transfer of funds & direct staff to proceed with surveying & preliminary engineering Approved General Warrants #14058 - 14424 Contract Renewal 1-Yr. - Fire Protection Engr. Res. #4737, Proposing to Annex into Ltg. Maint. Dist. AD 121 (Annex. 86/07, Melva St.) Res. #4738, Apprvg. Engr's. Rpt. (Annex. 86/07 - Melva St.) Res. #4739, Decl. Int, to Annex. (Annex. 86/07, Melva St.) Ord. #818, Regulation of Vendors on Pub. Streets Ord. re Amortization Period for Nonconforming Gasoline Service Stations & Combined Gasoline Service Stations & Convenience Markets Approved Approved Adopted Adopted Adopted; sets hrg 5/27 Adopted Hearing re -opened; set for 5/27 Procedures re Public Participation: Staff directed to make necessary correction re people speaking to agenda items other than those items consistent with public hearing procedures Approved 3 3 3 3 4 4 4 4 4 4 4 4 4 5 6 Page 1 of 2 COUNCIL MINUTES, APRIL 22, 1986 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Ord. re Room Tax Introduced 6 Ord. re Charitable Solicitations to incl. Telephone Solicitations Introduced 6 Ord. Apprvg. Form & Auth. Execution of First Amendment to Facility Lease bet. City & Civic Center Corp. Cont'd. to 5/13 6 Res. #4740, Apptmt. of Alex Baca to Bd. of Bldg. Appeals/Design Review Bd., Dist. 2 Adopted 6 Comm. Dev. Block Grant (CDBG) Program - Reimbursement of Code Enforcement Costs: Inter - fund transfer Approved 7 Inter -City Exchange of Prop A Funds: Auth. staff to attempt to sell funds the City has not spent that may be in jeopardy of being lost this Fall Approved 7 CC #SS-403, Orange St., Paramount B1./Gneiss Av.: Transfer funds & award contract to Sully -Miller Approved 7 Residential Refuse Collection Franchise Agmt.: Direct staff to prepare agmt. for 5 years & to negotiate base price to begin 10/l/86 Approved 7 Employee Suggestion Plan Approved 8 Senate Constitutional Amendment No. 12 - Gas Taxes as User Fees: Motion to not support Approved 8 Cn. Santangelo noted missing plaque on Veterans To be located & Memorial of Council Members approving monument replaced 9 Cn. Boggs encouraged staff to look at Monkey List & attend to some items 9 Use of blowers by gardeners: Cn. Cormack still Dir. of Public Works receiving complaints is monitoring 9 Appeal, Zone Variance #202 & C.U.P. #133 - College House, 11500 Dolan Av. Hearing set 5/13 9 Cn. Cormack re status of commercial vehicles City Attorney to in residential areas report back 9 Mayor Davila noted parking of abandoned vehicles at 7943 Imperial Hwy. Staff to report back 9 Meeting adjourned to 6:30 p.m., May 13, 1986 9 Page 2 of 2 _7q,83 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 22, 1986 The City Council of the City of Downey held a regular meeting at 9:00 p.m., April 22, 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 Robert L. Shand, City Clerk -Treasurer James R. Cutts, Director of Community Development Ronald Irwin, Fire Chief James R. Jarrett, Director of Community Services William F. Martin, Police Chief Lee Powell, Director of Administrative Services William A. Ralph, Director of Public Works Harald J. Henriksen, City Engineer William Makshanoff, Building Official Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend Edward Ullrich, Moravian Church. The Flag Salute was led by Kellee Simpson of the Kiwanettes. PRESENTATIONS Mayor Davila presented to Mrs. Connie Sziebl a Proclamation recognizing April 20-26 as Keep America Beautiful Week. Mayor Davila presented a Proclamation declaring May 1, 1986, as Youth Week to Mr. Henry Oberndorf, who accepted on behalf of the Exhalted Ruler of the Downey Elks. HEARINGS Mayor Davila opened the hearing on Vacation No. 149, Vacation of Second Street and New Street, which was continued from the regular meeting of April 8, 1986. Mr. Ralph explained staff has received proper agreements with the adjacent property owners. Mayor Davila asked 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 Cormack, seconded by Councilman Barb, and so ordered to close the hearing. RESOLUTION NO. 4736 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE VACATION OF NEW STREET BETWEEN FIRESTONE BOULEVARD AND SECOND STREET, AND SECOND STREET BETWEEN NEW STREET AND DOWNEY AVENUE The Resolution was read by title only. It was moved by Councilman Cormack, seconded by Councilman Barb, and passed by unanimous vote to waive further reading and to adopt. Council Minutes 4/22/86 -1- `Zcl:o Mayor Davila opened the hearing on Proposed Amendment to Downey Municipal Code regarding Definitions of 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 Councilman Barb, and so ordered to receive and file the Proof. There being no one present to speak in favor, Mayor Davila asked if there was anyone present to speak in opposition. Mr. Fernando Wang, 9403 Firestone Boulevard, said he represents most of the motel business people in the community, and they have to compete with new motels in surrounding cities. Downey has a higher Bed Tax than surrounding cities and less competition ability to attract a transient to stay in the City. He commented on cities having restrictions on the motel business and said cities near Downey do not. Mr. Wang also discussed the need of people to reside in motels longer than 30 days and noted a 30-day restriction would hurt the motel business with customers having to go to another city. He said while they are not opposed to the proposed change regarding the definition of "transient," it does mean they will be losing some business due to the Ordinance while collect- ing more taxes for the City. Mr. Shand said he has not received any correspondence on this matter. Mr. George King, 13605 Klondyke, an employee of Rockwell International, said he personally knows of people who come to Rockwell and stay at local motels more than 30 days because of the length of their work. If the restriction is imposed they would have to go elsewhere and Downey would lose revenue. There being no one wishing else to speak, it was moved by Councilman Barb, seconded by Councilman Santangelo, and so ordered to close the hearing. Councilman Cormack indicated it is possible the increased Bed Tax may correct the problem. Councilman Barb cited the need to ensure the quality of life in the City and said motels are being operated like apartment buildings, while many do not have kitchen facilities. He and Councilwoman Boggs recently met with a group of motel owners, and it was learned that some of the motels had 90-100 calls to Police for service in a short period of time. Councilman Santangelo feels a business person should have the right to run his business in the manner he sees fit and suggested calls to the Police could be reduced if people were allowed to stay longer in a facility. He does not think the Council should dictate how a person should live, and he will vote against the 30-day limitation. Councilwoman Boggs prefers sending this back to staff and is concerned about over regulation. She wondered about establishing a formula for temporary and permanent occupancy and does not feel the 30-day limit is long enough in instances where people come to town for a temporary job. However, she does not want to see people li.ving in motel rooms. Councilman Barb said since motels are for temporary use by tourists or transients, then "temporary" needs to be defined, and he would be agreeable to 45 days. He also suggested a compromise of allowing residency over 30 days if there is documentation on file showing a property is in escrow, is secured, or of a person's temporary employment. Discussion followed. Chief Martin was asked about the number of calls to motels, and he said he has looked into the calls for service and there is a high percentage of inci- dents at motels, many of which are permanent residents. Councilwoman Boggs disagreed with the proposed wording in Section 9104.22 - Hotel, and said in her opinion six or more rooms is not a hotel. She is not satisfied with the report that came back from staff. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and passed by unanimous vote to continue the matter to the next meeting and send this back to staff to rework the two proposed Code changes. Council Minutes 4/22/86 -2- Mayor Davila opened the hearing on Proposed Amendment to Downey Municipal Code regarding Satellite Dish Antennas. It was moved by Councilman Santangelo, seconded by Councilman Barb, and so ordered to continue the hearing to 7:30 p.m., May 13, 1986, in the Council Chamber of Downey City Hall. Mayor Davila opened the hearing on Adoption of Amended Building Regulations. He inquired if the City Clerk had the Proof of Publicaton, and the response was yes. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and so ordered to receive and file the Proof. Mr. Cutts reported that the amended building regulations re-establish the fee structure with a 25 percent increase and include minor changes in the Build- ing Code to require a permit for walls, fences and retaining walls. Adoption of the 1984 Edition of the National Electrical Code is also recommended. He noted the increase in fees would bring them in line with surrounding cities. Councilman Cormack suggested this might be a good time to drop the requirement of permits for replacing owner -occupant residential water heaters. Mr. Cutts explained the reason for the requirement is to check on whether they have a pressure relief valve. Councilman Santangelo does not see a need to raise the fees and is opposed to increasing them at this time. Mayor Davila said there should be a procedure, whereby when someone asks for a permit he is given a brochure on what is required. Mr. Cutts replied the City has a brochure, and it is passed out to people doing residential construction. The concern is to bring the fee structure to the point where the Building Division pays for itself rather than providing a burden to the General Fund. This is an opportunity to provide for a user fee. Mayor Davila requested a copy of the brochure. Councilman Santangelo asked about separating the fees from the recommended action. Mr. Newton replied the Ordinance has been introduced at a prior meeting, and if it is to be modified, then it would have to be re -introduced and a new hearing held. Councilman Barb said fees should be charged consistent with the services that are offered. The fees proposed are lower than surrounding cities and he recommended going forward with the Ordinance as introduced. Councilwoman Boggs feels it is relevant to know when the fees were last increased because the proposed increase is excessive. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and so ordered to continue the hearing to 7:30 p.m., May 13, 1986, in the Council Chamber of Downey City Hall, and to bring back the requested information. ORAL COMMUNICATIONS - Items not on Agenda: None CONSENT CALENDAR Agenda Item VIII-F-2, Senate Constitutional Amendment No. 12 regarding Gas Tax Revenues, was removed at the request of Councilman Santangelo. It was moved by Councilman Cormack, seconded by Councilman Barb, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Adjourned Regular Meeting, April 8, 1986; and Regular Meeting April 8, 1986. Legal Claims for Rejection: Ref. 1725, Larry Pardella's Union. S.S. Project No. 397, Citywide Miscellaneous Repairs: Specifications and grant authority to advertise for bids (Account #26-16397). Council Minutes 4/22/86 -3- Cash Contract No. 528, Alley Reconstruction: (1) Alley north of Fourth Street, Rives Avenue to Smallwood Avenue; (2) Alley north of Third Street, Rives Avenue to Smallwood Avenue; (3) Alley north of Second Street, Smallwood Avenue to alley west of Paramount Boulevard; (4) Alley west of Paramount Boulevard, Second Street to Third Street; and (5) Alley east of Lakewood Boulevard, Stewart 3 Gray Road to Buckles Street: Plans and specifications and grant authority to advertise for bids. Cash Contract No. S.S. 382, (FAU) Brookshire Avenue, Firestone Boulevard to Cherokee Drive: Plans, specifications and grant authority to advertise for bids contingent upon final approval by Caltrans. Cash Contract No. S.S. 405, Gutter Construction: Appropriate Gas Tax Funds in the amount of $10,000 from the unappropriated Gas Tax Fund balance; transfer the funds to Account #26-16405; and direct staff to proceed with surveying and preliminary engineering. General Warrants: #14058 - 14424 -- $1,285,983.10. Contract Renewal for One Year - Fire Protection Engineer. RESOLUTION NO. 4737 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROPOSING TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT NO. A.D. 121 AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (ANNEXATION 86/07) MELVA STREET FROM BIRCHDALE AVENUE TO 300 FEET EASTERLY OF BLODGETT AVENUE RESOLUTION NO. 4738 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE ENGINEER'S REPORT FOR THE ADDITION TO LIGHTING MAINTENANCE DISTRICT A.D. 121 OF ANNEXATION 86/07 - MELVA STREET FROM BIRCHDALE AVENUE TO 300 FEET EASTERLY OF BLODGETT AVENUE RESOLUTION NO. 4739 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES (ANNEXATION (86/07 - MELVA STREET FROM BIRCHDALE AVENUE TO 300 FEET EASTERLY OF BLODGETT AVENUE) (Sets the hearing for May 27, 1986) AYES: 5 Council Members ORDINANCES Santangelo, Boggs, Cormack, Barb, Davila ORDINANCE NO. 818 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, RELATING TO THE REGULATION OF VENDORS ON PUBLIC STREETS The Ordinance was read by title only. It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by the following vote to waive further reading and to adopt. Mr. Brian Gasdia, 7830 East Fourth Street, said he submitted a letter to the Council, and there was a series of letters sent from School District per- sonnel and various PTA members expressing concern that vending within the area of schools at the time school lets out causes undue commotion and traffic congestion. He feels the Ordinance goes beyond solving the problem, in that banning any type of vending within 1,000 feet of parks which does not address the issue, and the Ordinance appears to restrict any type of vending in parks or other areas on weekends. The Ordinance is regulating a legitimate business right out of the City, and he does not feel that is what is intended. Mr. Gasdia suggested the Ordinance may be creating other problems that could result in lawsuits against the City, and he urged the Council to not adopt the Ordinance as proposed. Council Minutes 4/22/86 -4- °�q 6 9 Chief Martin said complaints have been received from almost all schools in town about ice cream vendors being there when children get out of school, and he commented on the danger that exists near the schools and parks when children run between vehicles to get to the vending truck. Mr. Jarrett also noted the problem of vendors parking their vehicles at the park near the entrance and driveway. Mr. Gasdia suggested getting the trucks off the street and into parking lots away from driveways, buses, and schools from 2:00 to 3:00, which would answer concerns of the PTA, school officials, and park officials. Councilman Cormack favored contacting the School Board to find out what they are attempting to do and whether they want to designate a safe place. Mr. Newton stated the Ordinance only regulates vending on public streets and would not preclude setting aside a place on campus or a parking area. Councilman Barb does not feel streets were designed for selling ice cream to children, and other cities have recognized this and do not allow it. He asked if any of the vending trucks have been issued citations for violations of the present Code, and the response was yes. He then stated he feels it is a good Ordinance, but not strong enough, and he would favor removing street vending completely. Mr. Edward Berrera, 7839 Third Street, noted that the passage of a prior Ordinance prohibited amplified music, which has kept out certain vendors and made it safer for children. He also commented on the amount of insurance he carries on each vehicle, and said his business has worked closely with the PTA's. Mr. Berrera expressed his interest in the community as a resident and parent and that he has an ice cream vending business in the City. AYES: 3 Council Members: Boggs, Barb, Davila NOES: 2 Council Members: Santangelo, Cormack Mayor Davila declared a recess from 10:35 p.m. to 10:42 p.m. The meeting resumed with all Council Members present. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTIONS 9146.15 AND 9146.21 TO THE DOWNEY MUNICIPAL CODE RELATING TO THE AMORTIZATION PERIOD FOR NONCONFORMING GASOLINE SERVICE STATIONS AND COMBINED GASOLINE SERVICE STATIONS AND CONVENIENCE MARKETS The Ordinance was read by title only. Mayor Davila indicated someone is present to speak. Mr. Cutts said there has been a request by Thrifty Oil that the matter be continued. Mr. Newton explained a public hearing was held on this matter, which has been closed, and parties who are interested were entitled to believe the hearing was closed and no more testimony would be taken. If the Council wishes to take further testimony, it is required to reopen the public hearing. Eleanor Lindenfeld said the Procedures concerning Public Participation indicates a person may address any item on the Agenda. Mr. Newton pointed out that if a public hearing is closed and those interested parties have left the proceeding with the belief there will be no further public input, then if further public input is taken and those parties are not present, their due process rights have been violated in that they have not had an opportunity to hear and respond to all information presented. It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by the following vote to reopen and readvertise the hearing for 7:30 p.m., May 27, 1986, in the Council Council Chamber of Downey City Hall. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila Council Minutes 4/22/86 -5- Councilwoman Boggs requested clarification of the Procedures concerning Public Participation to show that the public may speak to an agenda item other than items consistent with public hearing procedures. It was so ordered that staff be directed to make the necessary correction in the Procedures. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 6126.3 AND 6128 OF THE DOWNEY MUNCIPAL CODE ORDINANCE 255 - ROOM TAX The Ordinance was read by title only. It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by unanimous vote to waive further reading and to introduce. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING CHAPTER 5, SECTIONS 4506(a), 4508(a), 4515(a) AND 4517 OF THE CITY OF DOWNEY MUNICIPAL CODE RELATING TO CHARITABLE SOLICITATIONS, TO INCLUDE TELEPHONE SOLICITATIONS The Ordinance was read by title only. It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by unanimous vote to waive further reading and to introduce. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO FACILITY LEASE BETWEEN THE CITY OF DOWNEY AND THE CITY OF DOWNEY CIVIC CENTER CORPORATION The Ordinance was read by title only. It was moved by Councilman Cormack and seconded by Councilman Santangelo to waive further reading and to introduce. Mr. Newton explained the Ordinance cannot be adopted on April 29th as proposed because of the Charter limitation requiring that introduced Ordinances must be published and posted at least ten days prior to adoption. Mr. Powell said the situation has been evaluated and the underwriter has agreed the second reading can be held the first meeting in May. He was asked when the interest rate of the bond will be locked in, and he indicated it will occur when the City and the underwriter come to precise terms. He responded to questions regarding the fees and interest rate for the refinancing and noted the Civic Center Corporation will also have to take action on this matter. Mr. Powell commented on the selection of the Fiser Public Finance as underwriters for the refinancing. It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by the following vote to continue to the meeting of May 13, 1986. During discussion, Mr. Powell mentioned the action tonight would only start the legal documents necessary to do the refinancing, and all fees are contingent on actually doing the refinancing. When asked about commitment to the firms involved, he replied the City would be committed to the underwriter and the bond counsel, Jones Hall Hill & White, and noted the underwriter's fee would be a negotiated item and part of the pricing when the bonds are sold. Staff's recommendation is to go with the two firms. The motion to continue was then passed by unanimous vote. RESOLUTIONS: RESOLUTION NO. 4740 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF ALEX BACA AS A MEMBER OF THE BOARD OF BUILDING APPEALS/DESIGN REVIEW BOARD FOR COUNCILMANIC DISTRICT NO. TWO The Resolution was read by title only. Council Minutes 4/22/86 -6- �i(-( ��39 Mayor Davila declared a vacancy on the Board created by Mr. Mike Turner, who has resigned. Councilman Santangelo commented on the lack of quorum that exists at meetings and the difficulty in keeping appointees. He asked about changing the process so that people developing property are not inconvenienced. Mr. Cutts explained a process he is familiar with in another city that the Board is of a different size and the members are paid so that someone with _ expertise serves on the Board. He suggested rewriting the Ordinance and possi- bly having meetings during the day when it would not cost a developer extra to have someone appear in the evenings. He also noted there are three vacancies on the Board. Staff was directed to come back with a report. It was moved by Councilman Santangelo and seconded by Councilman Cormack to waive further reading and to adopt. Joyce Lawrence, 9627 Cheddar, questioned the procedure of acting on the Resolution when there are no Resolutions shown on the Agenda. The motion to waive and adopt was passed by unanimous vote. ADMINISTRATIVE REPORTS It was moved by Councilman Santangelo, seconded by Councilwoman Barb, and passed by unanimous vote to authorize an interfund transfer of $100,255 from the General Fund to the CDBG Fund on Community Development Block Grant (CDBG) Program - Reimbursement of Code Enforcement Costs. It was moved by Councilman Santangelo and seconded by Councilman Barb to direct staff to sell Proposition A Funds in the amount of $1,415,000 - Inter - City Exchange of Proposition A Funds. Councilwoman Boggs is not satisfied the City has met transportation needs of the community, and until that time she is not willing to sell Prop A funds. Mayor Davila agreed. Responding to questions, Mr. Powell said the money is to be committed within three years after receiving it, and in fall 1986 the program will be four and one-half years old. At that time the first year money will have been spent, but the second will not have been spent within the three-year period, and according to the regulations the City could potentially lose that money. One way of commiting it is to sell it to another city. An amended motion was made by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by the following vote to authorize staff to attempt to sell Proposition A Funds the City has not spent that would be in jeopardy of being lost this Fall and only that amount. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Davila NOES: 1 Council Member: Barb The original motion as amended was then passed by unanimous vote. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by unanimous vote to authorize a transfer of funds in the amount of $21,000 from Account No. 26-16410 to Account No. 26-16403 to use on Cash Contract No. SS-403, Orange Street - Paramount Boulevard/Gneiss Avenue, and award a unit price contract totaling $57,079.50 to Sully -Miller Contracting Company for construction of street improvements. It was moved by Councilman Barb and seconded by Councilman Cormack to direct staff to prepare a Residential Refuse Collection Franchise Agreement for a period of five years as recommended by the Citizens Health & Environmental Sanitation Committee, and to negotiate a base price to begin October 1, 1986, which would include an escalation to reflect current liability cost. An amended motion Councilwoman Boggs to years. was made by Councilman Santangelo and seconded by approve the contract for three years instead of five Council Minutes 4/22/86 -7- Q7 q Q G Councilman Barb does not object to the intent of the motion but noted the tremendous commitment of manpower and equipment to handle a refuse contract. Councilman Santangelo indicated he has previously requested, but has been unable to obtain, audit statements from different communities the contractor services, and he is concerned the contractor may be losing money in other communities and imposing the cost on the citizens of Downey. Mayor Davila said the Sanitation Committee studied this thoroughly, and the study showed the contractor was losing money on the DART program --he has been providing the service to the community for many years at a loss. Mr. Ralph explained the audit received is on the one company doing busi- ness in Downey, and to date, the City has never entered into the profit or losses of the contractor's other companies. Three years is adequate on this kind of a contract, with the exception that any cost for equipment has to be written off over the period of time the contract is for, and that is the only reason the five years is chosen. The Sanitation Committee has suggested con- ducting a formal evaluation in years two and four and bringing the information back to the Council. Councilman Santangelo said the contractor does a marvelous job but that he could sell the company and the City would be locked into another operator that may not do as good a job. Mr. Ralph suggested adding to the documents that if the company is sold the Council would reconsider the franchise, and it can be inserted in the contract with the Council's approval. A second amended motion was made by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by unanimous vote that the contract provide that assignment of the business shall be subject to approval of the City. The first amended motion to approve the contract for three years was voted on as follows: AYES: 3 Council Members: Santangelo, Boggs, Davila NOES: 2 Council Members: Cormack, Barb A motion to reconsider the first amendment was made by Mayor Davila and seconded by Councilman Cormack. The vote of the Council was as follows: AYES: 2 Council Members: Santangelo, Boggs NOES: 3 Council Members: Cormack, Barb, Davila The first amendment failed. The original motion to approve for five years, as amended to include the assignment, was passed by the following vote: AYES: 4 Council Members: Boggs, Cormack, Barb, Davila NOES: 1 Council Member: Santangelo It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by unanimous vote to approve the Employee Suggestion Plan with the wording in Item 4.4 - Eligibility changed to read, "Any non -management employee is eligible to submit suggestions. Departments and middle managers are not eligible to participate in the program." ITEMS REMOVED FROM CONSENT CALENDAR It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by the following vote to not support Senate Constitutional Amendment No. 12 - Gas Taxes as User Fees. AYES: 4 Council Members NOES: 1 Council Member: OTHER BUSINESS - Staff Members son. Santangelo, Cormack, Barb, Davila Boggs Mr. Davis congratulated Mr. Lee Powell and his wife on the birth of their Council Minutes 4/22/86 -8- OTHER BUSINESS - City Council Councilman Santangelo mentioned the Veterans Memorial is being reassembled and that the plaque showing the names of the prior Council Members approving the monument is missing. He was informed it will be located and replaced. Councilwoman Boggs encouraged staff to take a look at the Monkey List and attend to some of the items. Councilman Cormack is still receiving complaints about the use of blowers by gardeners. Mr. Ralph responded staff is monitoring the situation in the City of Los Angeles, who recently enacted an ordinance. It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by the following vote to appeal the Planning Commission decision on Zone Variance No. 202 and Conditional Use Permit No. 133 - College House, 11500 Dolan Avenue, and set the hearing for 7:30 p.m., May 13, 1986, in the Council Chamber of Downey City Hall. Councilman Barb said this was previously heard by the Council, and the decision was made that a drug rehabilitation center did not belong in the same building as a retirement center. Also, the Council voted against a one-year extension, and College House went to the Planning Commission and received the extension, which he questioned was a legal proceeding. Mr. Newton also questioned the validity of that action. Responding to questions, he explained that conducting a public hearing would assure due process to all of the parties. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb ABSTAIN: 1 Council Member: Davila Councilman Cormack inquired regarding status of commercial vehicles in residential areas. Mr. Newton is reviewing to see whether the City has been preempted by the State and a report should be forthcoming next meeting. Mayor Davila commented on the parking of abandoned vehicles at 7943 Imperial Highway. Staff will review and report back. ADJOURNMENT: 11:55 p.m. The meeting was adjourned to 6:30 p.m., May 13, 1986, in the Council Chamber of Downey City Hall. i tK/ Robert L. Shand, City, Cler -Treasurer Bob Davila, Mayor Council Minutes 4/22/86 -9-