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HomeMy WebLinkAboutMinutes-12-22-86-Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING DECEMBER 22, 1986 TABLE OF MINUTE ACTIONS CI IR.irrT Closed session re personnel & pending litigation Res. #4831, Ext. Apprec. & Commendation to City Clerk Robert Shand on his Retirement Ord. amending Official Zoning Map (Zone Change Case #233) - 8317-32 La Villa St. Res. #4832, Denying Appeal, Zone Var. #473 (8361 Fifth St.) John Gonzalez re news coverage by local press Barbara Riley re Downey Thrift Shop Wilma Akin re problem w/law enforcement on Rivergrove Dr. Mike James re citation for trash & junk in front yard setback Patricia Williams - support of Downey Thrift Shop Cn. Cormack re suggestion to solve Police patrol problem on Rivergrove Dr. Art Dunn re thanks to Thrift Shop, Downey Police Dept. & churches in area Al Wantuck re Police patrol on Rivergrove Dr. Stanley Wantuck re problems on Rivergrove Dr. similar to Bell Gardens Mayor Pro Tem Boggs re Downey Thrift Shop & problems on private streets Removal of Items from Consent Calendar Minutes: Adj. Reg. Mtg., Nov. 25, 1986; Ref. Mtg., Nov. 25, 1986; Spec. Called Mtg., Dec. 9, ACTION PAGE NO. 1 1 Reconsidered; cont'd. to next mtg. & people to be re -notified 2, 4 Adopted 4 4 4 4 5 5 5 5 5 5 5 5 1986; & Adj. Reg. Mtg., Dec. 9, 1986 Approved 5 Legal Claims for Rejection: Ref. #822 - Shaffer; Ref. #829, Maragos; & Ref. #838 - Jackson Rejected 5 General Warrants: #25476 - 25700 Approved 5 1985-86 Appropriations to be carried forward to 1986-87 Approved 5 Zone Change #234, 7302-20 Stewart & Gray Rd. Hrg. set Jan. 13 6 Golden Park Bldg. Proj.: Appropriation Approved 6 Res. #4833, Req. Dept. Transportation consider closure of on -ramp to Southbound Adopted 6 Res. #4834, Deleting Classifcn. of Fingerprint - Warrant Classifier & Est. Classifcn. & Salary Range f/Fingerprint Evidence Technician Adopted 6 Page 1 of 2 COUNCIL MINUTES, DECEMBER 22, 1986 (ADJOURNED) TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Ord, amending DMC adopting by ref. Sections 25500 Calif. Health & Safety Code (Hazardous Introduced; hrg. set Materials Jan. 13 6 Ord. amending DMC re Open -Air, Multi -Vendor Operations Introduced 7 Ord. amending Ord. #679 re Cable Television Introduced 7 Appl. of Safety Film to Civic Center Glass: Appropriation to finance application of Armorcoat safety film Failed 7 Exchange of Prop A Funds - West Hollywood: Agreement Approved 8 Proposed Revs. to Calif. Health & Safety Code Ref. back to Chamber of Commerce 8 1986-87 Social Services Funding Recommendation: Funding of Social Service agencies & Senior Citizen Rubbish Rebate Program Approved 8 Zone Change #235, 8635 Florence Av. Hearing set Jan. 13 9 Joint Powers Agmt. w/Santa Fe Springs Fire Dept. & Resol. establishing Fees for Handling Hazardous Materials Cont'd. to Jan. 13 9 1986-87 Budget Aappropriation Req. - Proj. Area Comm. Approved 9 Agmt. for Comm. Dev. Block Grant (CDBG) - Loan for Acquisition Approved 9 Cn. Cormack re status of locating ppty. under power companies' R/W 9 Cn. Cormack re status of Bi-centennial of Constitution 9 Meeting adjourned to 6:00 p.m., January 13, 1987 9 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING DECEMBER 22, 1986 The City Council of the City of Downey held an adjourned regular meeting at 6:40 p.m., December 22, 1986, in the Council Chamber of the Downey City Hall, Mayor James S. Santangelo presiding. PRESENT: Council Members: James S. Santangelo Mayor Diane P. Boggs Mayor Pro Tem Robert G. Cormack Randall R. Barb Roy L. Paul 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 Lee Powell, Director of Administrative Services William A. Ralph, Director of Public Works Harald J. Henriksen, City Engineer William Makshanoff, Building Official William Sumner, Fire Marshal Lt. Robert Williams, Police Department Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Judy McDonnell, Executive Secretary Mayor Santangelo announced the Council is recessing to closed session for the purpose of discussing personnel matters and pending litigation pursuant to the provisions of Section 54956.9 - Government Code, two Subdivision (a) matters, as follows: Downey CARES vs. City of Downey; A.C.L.U. vs. City of Downey. The meeting was recessed to closed session from 6:40 p.m. to 7:15 p.m. and resumed with all Council Members present. Mayor Santangelo then declared a recess from 7:15 p.m. to 7:32 p.m. The meeting resumed with all Council Members present. PRESENTATIONS RESOLUTION NO. 4831 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY EXTENDING APPRECIATION AND COMMENDATION TO THE CITY CLERK - TREASURER ROBERT L. SHAND ON HIS RETIREMENT The Resolution was read in its entirety and presented by Mayor Santangelo to Mr. Shand. Mr. Davis introduced Downey's newest Police Captain, Robert Williams, who is filling in for Chief Martin. HEARINGS Mayor Santangelo opened the hearing on Zone Change Case No. 233, 8317-19- 25-27-29-31-14-16, 22-24-30-32 La Villa Street. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Mayor Pro Tem Boggs, seconded by Councilman Cormack, and so ordered to receive and file the Proof. Mr. Cutts reported on the Planning Commission's approval to change the zone from PB (Parking Buffer) to R3 (Medium Density Multiple Family Residential), which would bring the zoning in conformance with the General Plan, and commented Council Minutes 12/22/86 (adj.) -1- on zoning of the surrounding properties. He stated the duplexes and single family presently located in the proposed zone change area would be considered non -conforming structures and no alterations could be made to those buildings. Also, should any portion of a non -conforming structure be destroyed by more than 50 percent of its reasonable replacement value, then based upon the assessed valuation, it shall not be reconstructed. He narrated a slide presentation of the location involved and surrounding areas. Mayor Santangelo inquired if the City Clerk had received any correspondence on this matter, and the response was no. Mayor Santangelo then asked if anyone wished to speak in favor of the proposed zone change. Ms. Ellen Martin, 10725 Clancey, representing owners of the duplexes, said one of the duplexes is in escrow, and there has been a problem obtaining financing. There being no one else to speak in favor and no one to speak in opposi- tion, it was moved by Mayor Pro Tem Boggs, seconded by Councilman Barb, and so ordered to close the hearing. Councilman Cormack expressed concern about how this would affect parking in the downtown area and questioned what has been done to define the areas that are going to be R-3 and no others. He noted the Council has voiced the opinion that the City is getting out of balance on rental property. Mr. Cutts understands there might be more development along Downey Avenue at this location, and any new development would have to be self-supporting with on -site parking. He commented on a study completed by staff in 1983, which was adopted by the Council and dealt with a policy regarding multiple family resi- dential in the City. The staff report at that time contained recommendations for changes in the General Plan, the zoning that should be changed back to R-1, and what should remain R-2 and R-3. The subject property was one of the properties to be maintained as multiple family residential. Mayor Pro Tem Boggs asked about the lots that are sub -standard and how much sub -standard they are. Mr. Cutts replied lot 5 is sub -standard because of the area, and lots 5 and 6 are sub -standard because of the width of the lots. Lot 5 is deficient 5900 square feet and should be 6000. Councilman Barb said if the rational is to bring the use in conformity with the zoning and the use is predominately R-2, he would suggest including the entire street in the study area and re -zoning it R-2 rather than R-3. Mr. Yoshiki answered that to roll back the zoning from R-3 to R-2 would cause the property to become legal non -conforming. R-2 type development would be a use permitted by right in the R-3 zone. Councilman Barb asked if zoning the properties R-3 would provide an oppor- tunity for the owners to increase the density of what is there now, and Mr. Yoshiki replied yes. He then expressed his views that a number of streets in the central area of the community have a serious problem because of density and there is little or no parking. If there is a chance that this would increase the density problem, he does not feel R-3 is a solution. Also, any properties being used as R-2 should be zoned R-2 and make an exception by leaving any complexes that are already R-3 and relatively new developments as R-3. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE OFFICIAL ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (ZONE CHANGE CASE NO. 233) The Ordinance was read by title only. It was moved by Mayor Pro Tem Boggs, seconded by Councilman Paul, and passed by the following vote to waive further reading and to introduce. Councilman Barb asked if it is within the Council's authority at tonight's hearing to zone R-2 rather than R-3. Council Minutes 12/22/86 (adj.) -2- Mr. Newton replied if the notice was for R-3, he believes it would be within the Council's authority to zone R-2 since it is a lesser zone. But, he said, there could be opposition to the R-2 zone that would not necessarily come out in response to an R-3 advertisement. Due process would require that the matter be re -noticed in order for the Council to zone the property R-2. AYES: 3 Council Members: Boggs, Paul, Santangelo NOES: 2 Council Members: Cormack, Barb See later motion to reconsider, Page 4. Mayor Santangelo opened the hearing on Appeal to Zone Variance No. 473, 8361 Fifth Street. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Paul, seconded by Mayor Pro Tem Boggs, and so ordered to receive and file the Proof. Mr. Cutts reported on the Planning Commission's denial of the Zone Variance to establish a four -unit apartment building with less land area than required by code and encroachment of a required guest parking space into a required corner side yard setback in the R-3 (Medium Density Multiple Family Residential) zone. He cited the modifications that would be necessary if the zone variance is approved, which pertain to required square footage of land area and guest park- ing, and narrated a slide presentation of the property involved. Mayor Santangelo inquired if the City Clerk had received any correspondence on this matter, and the response was no. The applicant was asked to come forward and present his case. Mr. Daniel Wilson, 10901 Paramount Boulevard, representing the applicant, said the matter of encroachment of guest parking is 42 inches, not 31 inches as stated in the report. Also, he mentioned there are two problems with the project as designed - the density factor and the proposed units are short approximately 160 square feet. He quoted the City's code with regard to off- street guest parking and sideyard setback and said the proposed units face onto Dolan Street with ample parking along Dolan and Fifth Street. He does not anticipate the guest parking will be used with great frequency, and the guest parking problem does not contain a structure that would crowd the sidewalk. Mr. Wilson said the setback requirement is arbitrary, and structures have been allowed to encroach into the setback area. He proposed that the Council allow the project to develop by sending this matter back to the Planning Commission with a directive that the Commission meet with the Design Review Board to resolve this matter. He further suggested a parking pad similar to that used by the Council at City Hall. Mr. Nello DiCorpo, 8642 Cherokee, the property owner, said he has other properties in Downey with parking pads that are never used by guests or visitors. If approved, the area will be landscaped so that it will not detract from the area. There being no one else to speak in favor and no one to speak in opposi- tion, it was moved by Councilman Cormack, seconded by Mayor Pro Tem Boggs, and so ordered to close the hearing. Mr. Cutts responded to questions regarding the setback areas and parking. Councilman Cormack asked if any consideration had been given to subter- ranean parking. Mayor Santangelo feels subterranean parking would be cost -prohibitive but favored the guest parking pad being similar in design to the Council parking at City Hall. Discussion was held regarding the suggestion to build a possible depressed garage area. Mr. Cutts was asked if he feels what is being requested is too much con- struction for the limited space, and he replied yes. Mayor Santangelo questioned whether it would be economically feasible to construct a project of three units rather than the four units requested and Council Minutes 12/22/86 (adj.) -3- indicated he favors going forward and allowing a project that will upgrade the area. For the record, Mr. DiCorpo said each unit is 105 square feet short. Mr. Cutts said the records show 167 feet. Mr. Frank Evola, 7857 Florence Avenue, said there is a five foot easement across the front of the property for widening the street, which he was informed could be used at the time the density was figured and is the difference between the applicant's figures and the City's. Mr. DiCorpo stated for the record that his property is 50 feet by 150 feet. RESOLUTION NO. 4832 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL ON ZONE VARIANCE NO. 473 AND THE ACTIONS OF THE PLANNING COMMISSION PER RESOLUTION NO. 975 The Resolution was read by title only. It was moved by Councilman Barb, seconded by Mayor Pro Tem Boggs, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Boggs, Cormack, Barb, Paul NOES: 1 Council Member: Santangelo Referring back to his vote on Zone Change Case No. 233, LaVilla Street, Councilman Paul made a motion to reconsider, which was seconded by Councilman Cormack and passed by the following vote. Mr. Newton said if the matter is to be reconsidered, it would be necessary to continue to the next meeting and give notice to the parties that there is to be further consideration. Action could then be taken at a subsequent meeting. AYES: 3 Council Members: Cormack, Barb, Paul NOES: 2 Council Members: Boggs, Santangelo Staff was asked to re -notice the people involved in the zone change. Councilman Paul explained he discovered there is a difference between R-2 and R-3 uses of the land, and he requested a report be prepared setting forth the R-2 alternative to the density problem in that area. Councilman Barb wants the property owners to be assured that he does not want to leave them with a house built on a lot zoned for parking. ORAL COMMUNICATIONS - Items not on Agenda Mr. John Gonzalez, 12350 Orizaba, commented regarding news coverage by the local press and a misrepresentation of facts in his case. Barbara Riley, 7833 Luxor, member of the Downey Council P.T.A. Board of Directors and Advisory Board of Downey Council Thrift Shop, said the Downey Thrift Shop is closing its doors because it cannot find a place with affordable rent. She quoted two incidents of how the Thrift Shop has helped others and asked that this be continued in the City of Downey. Mr. Yotsuya explained that per Council's direction, staff has spent many hours discussing the plight of the Thrift Shop, and based on the Thrift Shop's expression of interest in dropping some of its retail activities, there is the possibility of locating space at Apollo Park. Also, attempts are being made to obtain sponsors to pay the rent on a permanent basis. Wilma Akin, 6545 Rivergrove Drive, commented regarding a problem with law enforcement and response time to a burglary. She has been told by the Police Department that Rivergrove is a private street, and she questioned why people are cited for leaving trash cans out but they cannot get protection by the Police Department. Mr. Mike James, 6242 Rivergrove, said he was cited for trash and junk in the front yard setback, which are his children's toys. Council Minutes 12/22/86 (adj.) -4- Patricia Williams, 7711 DePalma, speaking on behalf of the Downey Thrift Shop, requested the Council to help find space in Apollo Park where the Thrift Shop can continue its operation. She also conveyed her appreciation to the Council for its past support and particularly the support of Councilman Paul. Councilman Cormack mentioned he is aware of the Police patrol problem on Rivergrove and suggested installing a gate so that anyone who opens it could be arrested for trespassing. Mayor Santangelo asked the City Manager and Police Department to come back with a report. Mr. Art Dunn, 11811 Los Alisos Circle, Norwalk, in charge of the housing program at the Southeast Center for Independent Living in Downey, extended his thanks to the Thrift Shop, Downey Police Department and churches in the area for their assistance to disabled people. Mr. Al Wantuck, 7240 Grandeur, Bell Gardens, referenced the Police patrol problem on Rivergrove Drive and said it appears the area along the Flood Control Channel would be a good location for a redevelopment project. Wilma Akin, 6545 Rivergrove Drive, commented regarding her discussions with Officer Boggs of the Downey Police Department concerning a call to Rivergrove Drive and she complimented his actions on this matter. Mike James, 6240 Rivergrove, again commented on the poor Police protection on his street. Mr. Stanley Wantuck, 7240 Grandeur, Bell Gardens, compared the problems on Rivergrove Drive to similar problems in Bell Gardens. Mayor Pro Tem Boggs complimented the Downey Thrift Shop for its assistance to the community and offered her assurance that the City will do what it can to assist in finding a location. She also commented regarding problems on private streets with regard to street sweeping and enforcement of the Vehicle Code and requested a future review of the problems concerning enforcement by the Police Department. CONSENT CALENDAR Agenda Item VI-F-2, 1986-87 Social Services Grant Funding Recommendations; and VI-F-7, Project Area Committee Budget, were removed at the request of Mayor Pro Tem Boggs. She also requested that Items VI-F-5, Joint Powers Agreement with Santa Fe Springs Fire Department, and VI-G-1, Resolution of Fees for handl- ing Hazardous Materials, be discussed at the time of considering the Ordinance on Handling Hazardous Materials. Agenda Item VI-F-6, Report on Leaf Blowers, was carried over to a future meeting. Agenda Item VI-F-4, Appeal, Zone Change Case No. 235, was removed at the request of Mr. John Gonzalez. Agenda Item VI-F-9, CDBG Loan to Redevelopment, was removed at the request of Mayor Santangelo. It was moved by Councilman Barb, seconded by Councilman Paul, and passed by the following vote to approve the Consent Calendar: Minutes: Adjourned Regular Meeting, November 25, 1986; Regular Meeting, November 25, 1986; Special Called Meeting, December 9, 1986; and Adjourned Regular Meeting, December 9, 1986. Legal Claims for Rejection: Ref. 1822, Lyla Shaffer; Ref. #829, Stravroula Maragos; and Ref. #838, Arthur Jackson. General Warrants: #25476 - 25700, $1,791,687.04. 1985-86 Appropriations to be carried forward to 1986-87. Zone Change Case No. 234, 7302-08-14-20 Stewart b Gray Road: Set hearing for 7:30 p.m., January 13, 1987, in Council Chamber of Downey City Hall. Council Minutes 12/22/86 (adj.) -5- a Vk-8 Golden Park Building Project: Appropriate $30,626 transfer from the General Fund to the State Grant Fund. RESOLUTION NO. 4833 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THAT THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF CALIFORNIA CONSIDER THE CLOSURE OF THE ON -RAMP TO SOUTHBOUND SANTA AMA FREEWAY LOCATED NEAR THE INTERSECTION OF DOLLISON DRIVE AND CECILIA STREET IN DOWNEY RESOLUTION NO. 4834 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DELETING THE CLASSIFICATION OF FINGERPRINT/WARRANT CLASSIFIER AND ESTABLISHING A CLASSIFICATION AND SALARY RANGE FOR FINGERPRINT EVIDENCE TECHNICIAN AYES: 5 Council Members: Boggs, Cormack, Barb, Paul, Santangelo ORDMANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING SECTIONS 3400 THROUGH 3410 TO THE DOWNEY MUNICIPAL CODE ADOPTING BY REFERENCE CHAPTER 6.95 OF DIVISION 20, SECTIONS 25500 ET SEQ. OF THE CALIFORNIA HEALTH AND SAFETY CODE The Ordinance was read by title only. Mayor Pro Tem Boggs pointed out she had requested that Agenda Items VI-F-5 and VI-G-1, which are related to the handling of hazardous materials, be dis- cussed at the time of the hearing. Chief Irwin was asked to what extent the Fire Department will be working on this, and he replied it is planned to send out business letters to enforce the law, which needs to be done fairly soon. He commented on the passing of Assembly Bill 2185 regulating hazardous materials, which was signed into law in 1985 to take effect January 1, 1986, and discussed the hazardous materials program implemented by the City of Downey Fire Department for requiring information on hazardous materials handled within the City. Chief Irwin said there are three items before the Council for consideration: A local Ordinance adopting State Law by reference; a Resolution adopting a fee schedule for servicing the law; and a joint powers agreement authorizing the Santa Fe Springs Fire Department to function on Downey's behalf. He responded to questions regarding administration of the program and the costs involved. Councilman Barb is concerned about the additional burden this will place on businesses and questioned how many problems there have been in the City with regard to hazardous materials. He feels that if the State requires the program then it should pay the costs involved. Chief Irwin said the law is specific that the fee shall be paid by the business owners. Councilman Paul is 100 percent behind the legislation. Councilman Cormack noted the other inspections businesses are subjected to, as well as costs to obtain licenses, which the businesses are paying for. Chief Irwin explained this is basically a disclosure law forcing everyone to disclose what they have, and he has a list of 1200 substances that qualify. It was moved by Councilman Paul, seconded by Councilman Cormack, and passed by the following vote to waive further reading, introduce the Ordinance, and set the hearing for 7:30 p.m., January 13, 1987, in the Council Chamber of Downey City Hall. Councilman Barb questioned paying for the services of Santa Fe Springs since Downey will be responsible for collecting the money, informing businesses of illegal requirements, and prosecuting for illegalities. Council Minutes 12/22/86 (adj.) -6- Chief Irwin said Santa Fe Springs has the staff to handle this, which Downey does not. AYES: 4 Council Members: Boggs, Cormack, Paul, Santangelo NOES: 1 Council Member: Barb ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 6231 OF THE DOWNEY MUNICIPAL CODE OPEN-AIR, MULTI -VENDOR OPERATIONS The Ordinance was read by title only. It was moved by Councilman Cormack and seconded by Councilman Paul to waive further reading and to introduce. Mayor Pro Tem Boggs asked if there is a similar Ordinance pertaining to multi -vendor operations that operate out of vehicles. Mr. Powell cited an example of a taxi driver, which is an independent operation out of a vehicle noted the permit process that is required. He said the process is different for retail sales from vehicles. Mayor Pro Tem Boggs would like to see the Ordinance expanded before it is introduced. It was moved by Councilman Barb and seconded by Mayor Pro Tem Boggs to continue. Mr. Powell suggested an option of passing the Ordinance as written and then direct staff to bring something back expanding on Mayor Pro Tem Boggs' idea. Mayor Pro Tem Boggs concurred. The motion and second to continue were withdrawn. The motion to introduce was passed by unanimous vote. It was moved by Mayor Pro Tem Boggs, seconded by Councilman Barb, and passed by unanimous vote to direct staff to study this further and come back relative to multi -vehicle operations. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ORDINANCE NO. 679 REGARDING CABLE TELEVISION The Ordinance was read by title only. It was moved by Councilman Cormack, seconded by Mayor Pro Tem Boggs, and passed by unanimous vote to waive further reading and to introduce. RESOLUTIONS: None ADMINISTRATIVE REPORTS Mr. Ralph said a proposal is being presented regarding Application of Safety Film to Civic Center Glass, which should increase the safety of the City Hall complex in the event of a major earthquake. He noted some minor corrections to his report, the total cost for the project, and requested authorization to appropriate funds. He indicated staff will come back with an actual contract and responded to questions of the Council. Councilman Barb expressed concern that the safety film was not installed when the Civic Center was constructed several years ago. He would rather go out to 'bid to replace the glass. It was moved by Mayor Pro Tem Boggs and seconded by Councilman Paul to appropriate a $62,125.92 transfer from the General Fund to finance the applica- tion of Armorcoat safety film to Civic Center glass. AYES: 2 Council Members: Boggs, Paul NOES: 3 Council Members: Cormack, Barb, Santangelo Failed. Council Minutes 12/22/86 (adj.) -7- a-\ 50 Exchange of Prop A Funds - West Hollywood Councilman Paul stated for the record he is opposed to the exchange of any funds until the City comes up to its transportation needs. It was moved by Mayor Pro Tem Boggs, seconded by Councilman Cormack, and passed by the following vote to approve the agreement for exchange of funds. AYES: 4 Council Members: Boggs, Cormack, Barb, Santangelo NOES: 1 Council Member: Paul Proposed Revisions to Article 6.5, Sections 33385 and 33385.5 - California Health and Safety Code Mr. Pete Onassian, 10642 Lakewood Boulevard, representing the Downey Chamber of Commerce Re -zoning and Redevelopment Committee, said the Committee has reviewed sections of the Code concerning redevelopment, and a workshop was held with State and local agencies to discuss this matter. The Chamber has submitted some recommendations with the suggestion for the City to support specific legislation it will be sponsoring at the State level. Mr. Onassian mentioned the specific code the Chamber is attempting to amend deals with clarifying proper PAC formation and what the City's responsibilities are. It was moved by Mayor Pro Tem Boggs and seconded by Councilman Cormack to approve support of amendments to the PAC requirements for the State. Mr. Bob Verderber, 12828 Verdura, discussed the Chamber's recommendations concerning formation of the PAC Committee, which he said is not clear under the law. He also mentioned there have been indications of considerable opposition to introducing the first two paragraphs on page 2 of the recommendations, and the Chamber is considering asking for an Attorney General's opinion. Mayor Pro Tem Boggs expressed concern about granting authority to boards and commission and concurs with the need to clarify requirements on PAC Committees. She concurred with adding the small business owners, which she feels are not as represented as they should be under current law. Concern was raised regarding binding cities to a two-thirds vote of the Council to establish a redevelopment area in the future. AYES: 2 Council Members: Paul, Santangelo NOES: 3 Council Members: Boggs, Cormack, Barb Failed. It was moved by Councilman Cormack, seconded by Mayor Pro Tem Boggs, and so ordered to send the proposed revisions back to the Chamber for minor changes. Mr. Onassian asked that due to time constraints whether the Council could support the bill with some deletions as they relate to the two-thirds vote requirement. Referred back to the Chamber. Mayor Santangelo declared a recess from 10:17 p.m. to 10:28 p.m. The meeting resumed with all Council Members present. ITEMS REMOVED FROM CONSENT CALENDAR 1986-87 Social Services Funding Recommendation Mayor Pro Tem Boggs complimented the work of the Community Services Depart- ment and made a motion to approve the recommended funding of the Social Services agencies and the Senior Citizen Rubbish Rebate Program as submitted by the Recreation and Community Services Commission, which was seconded by Councilman Paul and passed by unanimous vote. Zone Change Case No. 235, 8635 Florence Avenue Mr. John Gonzalez, 12350 Orizaba, proceeded to address the Council regard- ing this matter. Council Minutes 12/22/86 (adj.) -8- <�tJl Mr. Newton explained that the only matter before the Council is to set the hearing, and a discussion of the merits cannot be had at this time because it would prejudice the hearing. Mr. Gonzalez feels the matter should be sent back to the Planning Commis- sion because three Commissioners have a conflict of interest. It was moved by Mayor Pro Tem Boggs, seconded by Councilman Cormack, and passed by unanimous vote to set the hearing on Zone Change Case No. 235 for 7:30 p.m., January 13, 1987, in the Council Chamber of Downey City Hall. It was moved by Mayor Pro Tem Boggs, seconded by Councilman Cormack, and passed by the following vote to continue the Joint Powers Agreement with Santa Fe Springs Fire Department and the Resolution establishing Fees for Handling Hazardous Materials to the meeting of January 13th. During discussion, Mr. Newton said the City would be under the provisions of State Law until implementing its own program. AYES: 4 Council Members: Boggs, Cormack, Barb, Santangelo NOES: 1 Council Member: Paul 1986-87 Budget Appropriation Request - Project Area Committee When asked where the funds will come from, Mr. Cutts replied the legisla- tive body must make the appropriations. He also said a tentative schedule has been submitted and proposed Amendment No. 4 is on schedule. It was moved by Mayor Pro Tem Boggs to approve the Budget as submitted. Mayor Santangelo stated for the record that he has spoken to the City Attorney regarding his voting on this matter and has been told there would be no problem with voting on the Budget approval. The motion was seconded by Councilman Paul and passed by unanimous vote. It was moved by Councilman Barb, seconded by Councilman. Paul, and passed by the following vote to approve the Agreement for Community Development Block Grant (CDBG) - Loan for Acquisition. AYES: 4 Council Members: Boggs, Cormack, Barb, Paul ABSTAIN: 1 Council Member: Santangelo OTHER BUSINESS - Staff Members: None OTHER BUSINESS - City Council Councilman Cormack inquired regarding status of locating property under power companies' rights -of -way. Mr. Ralph replied a report is being prepared on the policies of Southern California Edison Company and the City of Los Angeles and what possible alterna- tives there might be to get those policies changed. If it is the desire to change the policy in the City, staff will work with the Council on this matter. Councilman Cormack has noticed some private organizations progressing toward the bi-centennial of the Constitution and he would like Downey to be a lead agency. Mr. Davis said a report will be brought back the first meeting in January. ADJOURNMENT: 10:40 p.m. The meeting was adjourned to 6:00 p.m., January 13, 1987, in the Council Chamber of Downey City Hall. Rob rt L. SharTd, Inte'rim City Clerk -Treasurer . James>S. Santangelo, ayorf Council Minutes 12/22/86 (adj.) -9-