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HomeMy WebLinkAboutMinutes-05-14-85-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 14, 1985 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Proclamation - May 17th as Armed Forces Day 1 — Proclamation - May 12-25 as Public Works Week 1 Appeal, Zone Variance #372, 12842 Gneiss Av. Denied 1 Res. #4568, amending Portion of Gen. Plan of Land Use Map, Gen Plan Amndmt. 85-2, 9174 Serapis Adopted 4 Ord. amending Zoning Map, Zone Change #219, 9174 Serapis Av. Introduced 4 Ord. amending Zoning Map - Zone Change #221, Lexington Road Introduced 4 Ord. re Uses in Commercial Zones (Tow Trucks) Introduced 5 Rio Hondo Golf Course: Direct preparation of proposals to go out to bid Approved 7 Rio Hondo Golf Course: Open up for bidding the interim management to any interested bidders Approved 7 Introduction of Loran Lewis, reporter with SE News 7 Req. for Funding - Downey Civic Light Opera Assn. & Downey Symphonic Society: Elimination of Guideline #1 & amendment to Guideline #6 Approved 7 Downey Civic Light Opera Assn.: Loan to be paid within three years & one-time grant to be paid from interest on Cultural Arts Fund Approved 8 Downey Symphonic Society: One-time grant from Cultural Arts Fund Approved 8 Removal of Items from Consent Calendar 8 Minutes: Adj. Reg. Mtgs. of April 22, 1985; & April 23, 1985; & Reg. Mtg. of April 23, 1985 Approved 8 Rejection of Legal Claims: Ref. #718, Mario Bravo; & Ref. #719, Virgil Murch, Jr. Approved 8 General Warrants: #5281 - 5826 Approved 8 Window Coverings: Bid package & auth. Purchasing Div. to advertise for bids Approved 8 Res. #4569, Proposing to Annex into Ltg. Maint. Dist. AD 121 (Annex. 85/05, Otto St. E/o Pomering Adopted 8 Res. #4570, Apprvg. Engr's. Rpt. (Annex. 85/05) Adopted 9 Res. #4571, Decl. Intention to Annex into Ltg. Maint. Dist. AD 121 (Annex. 85/05) Adopted; sets hrg. 6/11 9 Res. #4572, Req. Allocation of County Aid to Cities Funds for Maint. of Select System Streets Adopted 9 Zone Change #218, Rancho Los Amigos Property Hearing set for 5/28 to be cont'd. to 6/11 9 Page 1 of 3 COUNCIL MINUTES, MAY 14, 1985 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Report on General Fund Appropriation - Legal Services provided by City Prosecutor Received & filed 9 Amendment to DMC re Hospital -Medical Arts Zone Hearing set for 6/11 9 Ken Miller re share of property taxes being distributed to cities & req. Council position to start opposition to SB 1415 Staff to prepare letter 9 Ken Miller - Complaint re proposed solution to traffic problems on Guatemala 10 Res. #4573, Decl. Int. to Vacate Two Irregularly Shaped Portions of Imperial Hwy., one on Each Side Hwy. Adj. to & Wly. of So. Cal. Edison Co.'s 180' R/W Adopted; sets hrg. 6/11 10 Res. #4574, Describing Proposal to Annex Entire City Area into City-wide Zone III (AD 121) & Ord. Engr. to Prepare & File Rpt. Adopted 10 Res. #4575, Accepting & Apprvg. Engr's. Rpt, for Annexn, of entire City Area into Zone III of Existing Ltg. Dist. #AD 121 Adopted 10 Res. #4576, Decl. Int. to Annex Entire City Area into Zone III of Existing Dist. #AD 121 & setting time & place for public hearing Adopted; sets hrg. 6/11 10 Res. #4577, Describing Imprvmts. within Ltg. Maint. Dist. AD 121 for FY 1985-86 & Ord. Engr. to Prepare & File Report Adopted 11 Res. #4578, Apprvg. Engr's. Rpt. for Assmts. within Ltg. Maint. Dist. AD 121 for FY 1985-86 Adopted 11 Res. #4579, Decl. Int. to Levy & Collect Assmts. within Ltg. Maint. Dist. AD 121 for FY 1985-86 Adopted; sets hrg. 6/11 11 Res. #4580, Establishing Compensation for Just & Reasonable Expenses for Certain Boards & Commis Adopted with 20 sions & Rescinding Res. #3922 percent increase 12 SS Proj. #379, Old River School Rd., Stewart & Gray Rd. to Firestone Bl.: Contingent on Caltrans' apprvl, to award to Sully -Miller & transfer funds Approved 12 Liability Insurance: Option 1 at $75,000 premium Approved 12 New Radio System for Police & Pub. Wks. Depts. Approved 13 Budget Study Session Set for 5/31, 1:00pm 13 Lennie Whittington re Council's decision to not hear Mr. Miller or himself earlier in meeting 13 Closed session re pending litigation 13 Cn. Boggs re verbal conduct of L. Whittington 13 Lennie Whittington re free theatre tickets & free golf play for Recreation Comm., Dept. Heads & Council Members Discussion 13 Cn. Santangelo re status of Ord. on Newsracks City Atty. to rpt. 6/11 13 Cn. Santangelo re Dept, of Corrections locating City will be responding of half -way house in Downey negatively 14 Page 2 of 3 COUNCIL MINUTES, MAY 14, 1985 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cn. Davila re constituents' objection to person walking snake near Paramount & Imperial Ref. to City Manager 14 Cn. Davila inquiry re City Ord. permitting handymen who have been convicted of misdemeanor or felony to take out permit or license to work on a home Ref. to staff 14 Cn. Davila req. proclamation for scout who has Day during week to be set obtained one of highest honors of Eagle Scout f/issuing proclamations 14 Cn. Davila re status of code compliance of home for unwed mothers on Priscilla St. Cn. Cormack re bond rate for Downey -El Monte - San Jacinto Joint Powers Finance Agency Cn. Cormack re status of detention home proposed for location in Downey Appeal, Tentative Tract Map #44089 & Zone Variance #384, 8247-53 Gardendale St. Cn. Boggs req. meeting be scheduled with Senator Carpenter Cn. Boggs req. staff pursue problems w/color of Hotel Closed session re personnel Fire Chief Don Davis appointed as Interim City Manager Next closed session discussion to be held on selecting new City Manager Meeting adjourned to 6:30 p.m., May 28, 1985, re potential litigation & personnel Update to be given next meeting 14 14 Letter of opposition to be sent 14 Hearing set for 6/11; Property owner to be contacted immediately 14 14 14 14 14 14 14 Page 3 of 3 V3 7 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 14, 1985 The City Council of the City of Downey held a regular meeting at 7:35 p.m., May 14, 1985, in the Council Chamber of the Downey City Hall, Mayor Randall R. Barb presiding. PRESENT: Council Members: Randall R. Barb Mayor Bob Davila Mayor Pro Tem Diane P. Boggs James S. Santangelo Robert G. Cormack ALSO PRESENT: Bud Ovrom, City Manager Carl K. Newton, City Attorney James R. Cutts, Director of Community Development William A. Ralph, Director of Public Works Lee Powell, Director of Administrative Services William F. Martin, Police Chief Don Davis, Fire Chief James R. Jarrett, Director of Community Services Martin Mayer, City Prosecutor 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 Paster Earle Morgan., Free Methodist Church. The Flag Salute was led by Councilwoman Boggs. PRESENTATIONS Mayor Barb commented on preparation of a Proclamation declaring May 17th as Armed Forces Day. Mayor Barb presented to Public Works Director Bill Ralph a Proclamation declaring May 12-25 as Public Works Week. After asking for a show of hands of people present regarding the Rio Hondo Golf Course, Mayor Barb indicated this item will be moved up following the public hearings. HEARINGS Mayor Barb opened the hearing on Appeal to Zone Variance No. 372, 12842 Gneiss Avenue, which was continued from the City Council Meeting of April 23, 1985. He inquired if there was any further staff report. Mr. Cutts explained the request remains the same for reduced front, side, and rear yard setbacks. Mayor Barb inquired if the City Clerk had received any further correspondence. Mr. Shand replied a letter was received this afternoon from Mr. Scott Nichols of Todd & Siegel, a Professional Corporation. It was moved by Councilman Cormack, seconded by Councilman Santangelo, and so ordered to receive and file the correspondence. Mayor Barb then asked if the applicant wished to present any further testimony regarding his case. Mr. Scott Nichols,4909 Lakewood Boulevard, Lakewood, representing the applicant, said he submitted the letter objecting to the jurisdiction of the Council Minutes 5/14/85 -1- City Council on several grounds. He explained this matter deals with property that is difficult to develop, which is 25 feet by 60 feet in size and has been in existence prior to the City's incorporation. In citing the five require- ments which the applicant must meet in order to obtain a variance, Mr. Nichols pointed out the lot is extremely small, and there are other properties in the area which have the same problem but are larger in size. Other properties have substantial building sites with sizeable homes. Adhering to the setback requirements would result in a building of 420 square feet, and to build any type of reasonably sized structure requires a variance of some type. The con- struction of a new residential unit will not conflict with the General Plan or the Housing Element, and this replacement housing will be built in accordance with more modern building codes. Mr. Nichols further discussed the property with the aid of slides showing the property prior to removal of the former structure. He also commented on the design of the proposed new dwelling and pointed out that construction of two-story dwellings has become an economic necessity. He responded to questions of the Council. Councilman Davila asked who secured the permits on the property and whether it was a homeowner's permit. The response was that the permit was pulled by the owner listed as Jervis Realty and Ralph Tidmore. There being no one else wishing to speak in favor, Mayor Barb asked if anyone wished to speak in opposition. Mr. John Gonzalez, 12350 Orizaba, commented on the procedure for obtain- ing permits, which he said are to be obtained by a licensed contractor, and that the structure on the property was demolished through a permit obtained by the property owner. He distributed to the Council photographs taken of an exposed sewer opening on the property, which has had an adverse affect on the adjacent property owners. Mr. Gonzalez also mentioned that the construction of a two-story home on the property will cut off all of the light to the people next door. He indicated he would act as interpreter for the adjacent property owners. The owners of the adjacent property were asked if they spoke english, and they replied they spoke very little english. Mr. Estebello introduced himself and his wife and gave his address as 12846 Gneiss Avenue. Then speaking for himself and through Mr. Gonzalez responded to questions of Councililwoman Boggs. Mayor Barb asked Mr. Estebello to address the Council in his own language as to whether or not he approves or disapproves the project and why, and that Councilman Davila will interpret his remarks for the Council. Councilman Davila explained Mr. Estebello has stated his objection because of the proposed two-story structure which will block his sunlight and view and would be too close to his house. Judy (inaudible), 8144 Devenir, said if the garage is built on the corner there would be no yard for children to play. Mayor Barb cited for the record the procedure for conducting hearings. Ruby Coyle, 8040 Devenir, built her house three years ago on a R-2 lot. She questioned the construction of a house on the subject lot. Ruth Crowley, 8147 Devenir, said there is not enough room to construct a house on the property. There being no one else to speak in opposition, rebuttal time was granted to the applicant. Mr. Nichols objected to the portion of testimony interpreted by Mr. Gonzalez and commented further on the intent to construct a two-story home and provide off-street parking. The property became a legal lot prior to the City's incorporation, and the code allows his client to build a legal struc- ture on the lot. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and so ordered to close the hearing. Councilman Santangelo said it appears the owner has a legal right to build a residence, but it is unfortunate the lot is so small. He feels the sideyard setback is narrow enough and the house should not be constructed any Council Minutes 5/14/85 -2- 7739 closer to the alley. Councilman Davila perty into small lots developed. mentioned the Council has objected to splitting pro - and he suggested a study on how the City should be Councilman Cormack expressed concern that speculators purchase distressed parcels and then attempt to gain approval for a project at the expense of the neighbors. He said all of Downey needs to be considered and preserved, and he cannot support this project. Councilwoman Boggs pointed out that special conditions were not caused by the applicant but were in existence at the time the property was acquired. She suggested voting on this matter and then she will ask for a moratorium on development of substandard lots until a new policy is set. Mayor Barb said the City continues to face problems inherited from County zoning practices. The goal of the Council is to protect the safety of the community and its housing stock and commercial areas. It was moved by Councilman Cormack, seconded by Councilman Davila, and passed by the following vote to deny the variance. AYES: 4 Council Members: Davila, Boggs, Cormack, Barb NOES: 1 Council Member: Santangelo Mr. Newton indicated that to implement the action it will be necessary to bring back a resolution at the next meeting setting forth the findings. Mayor Barb asked if there was anyone present to speak to the hearing on Tow Trucks in Commercial Zones and there was no response. Mayor Barb opened the hearing on General Plan Amendment 85-2 and Zone Change Case No. 219, 9174 Serapis Avenue. He inquired if the City.Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Davila, seconded by Councilman Cormack, and so ordered to receive and file the Proof. Mr. Cutts reported on the Planning Commission's approval of the requested General Plan Amendment from low desity residential to medium density residen- tial and change the zone from R1-5000 HFB to R-2 medium density. He commented on the zoning of surrounding properties and of the various options considered for zoning of the subject property. He said this property would act as a buffer between commercial on Telegraph and residential to the south. Informa- tion provided by the Traffic Engineer indicates this property should not be a burden to surrounding properties. The applicant has submitted a tentative tract map showing 32 ownership type residential condominium units, with a 33rd lot to be maintained by the homeowners' association. There will be 64 covered off-street parking spaces and nine parking spaces for guests. There is sufficient fire flow to handle this development. Roofing material will be used to lessen any fire hazard. Mr. Cutts narrated a slide presentation on the property. Mayor Barb inquired if the City Clerk had received any correspondence, and the response was no. Mayor Barb then asked if anyone wished to speak in favor of the General Plan Amendment and Zone Change. For the record it was indicated this is a consolidated hearing on the issue of the General Plan Amendment and the Zone Change. Mr. Jack Robinson, office address 8615 Florence Avenue, said he has the authority to represent the property owner on this matter, and he commented on projects his firm has been involved with in Downey and other cities. He also cited the benefits of a condominium project for the buyers. Mr. Robinson pointed out that while the 34th lot in the project will be situated on Arrington, there will be no ingress or egress on Arrington, and there will be a concrete block wall between the 34th lot and the other 33 units. He noted there will be ample off-street parking; there will be an on -site recreation area; and the development will be fully landscaped. Conditions, covenants and Council Minutes 5/14/85 -3- restrictions will be presented to Planning staff for continued maintenance of the property. Mr. Robinson further discussed the design of the project with regard to egress onto Serapis and location of the garages and for the record he recited the findings of the Planning Commission. 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 Councilman Davila, and so ordered to close the hearing. Mr. Robinson responded to questions regarding an estimated increase in vehicles and younger children, as well as the approximate cost for the units. RESOLUTION NO. 4568 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING A PORTION OF THE GENERAL PLAN OF LAND USE MAP GENERAL PLAN AMENDMENT 85-2, 9174 SERAPIS AVENUE (AP #6388-004-08) The Resolution was read by title only. It was moved by Councilman Santangelo, seconded, by Councilman Cormack, and passed by unanimous vote to waive further reading and to adopt. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 849, ZONE CHANGE CASE NO. 219) The Ordinance was read by title only. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by unanimous vote to waive further reading and to introduce. Road. Mayor Barb opened the hearing on Zone Change Case No. 221, Lexington Councilman Santangelo stated he will abstain from voting on this matter because his residence is on the same street. He was then excused from the meeting. Mayor Barb inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Concilman Davila, seconded by Councilwoman Boggs, and so ordered to receive and file the Proof. Mayor Barb dispensed with the staff report and inquired if the City Clerk had received any correspondence. The response was no. There being no one present to speak in favor or in opposition, it was moved by Councilwoman Boggs, seconded by Councilman Davila, and so ordered to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 858, ZONE CHANGE CASE NO. 221) 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: Davila, Boggs, Cormack, Barb ABSENT: 1 Council Member: Santangelo At this time, Councilman Santangelo returned to the meeting. Council Minutes 5/14/85 -4- Mayor Barb opened the hearing on proposed amendment to Downey Municipal Code pertaining to Use of a Tow Truck in Commercial Zones. He inquired if the City Clerk had the Proof of Publication, and the response was yes. Mr. Cutts explained the Planning Commission has approved permitting the use of one tow truck as an ancillary use in the operation of either an auto repair facility or as part of a full service gasoline service station provid- ing minor auto repairs. Mayor Barb inquired if the City Clerk had received any correspondence, and the response was no. Councilman Santangelo requested staff's recommendation be corrected to read "Section 9122.06 and Section 9124.06." There being no one present to speak to the proposed amendment, it was moved by Councilman Santangelo, seconded by Councilman Davila, and so ordered to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 9122.06 AND 9124.06 OF THE DOWNEY MUNICIPAL CODE WHICH RELATES TO USES IN THE COMMERCIAL ZONES (CHAPTER 1, ARTICLE IX) The Ordinance was read by title only. It was moved by Councilman Santangelo, seconded by Councilman Davila, and passed by unanimous vote to waive further reading and to introduce. ADMINISTRATIVE REPORTS Rio Hondo Golf Course Study Councilwoman Boggs left the meeting from 9:20 p.m. to 9:22 p.m. Mayor Barb inquired regarding the groups represented on this matter, and the response was the Women's Club, Men's Club, and some concerned taxpayers. Mr. Jarrett explained the Golf Course is presently operating under an interim operating agreement with Avila Golf Management, but there is no formal agreement with the operator. The Golf Course Maintenance Agreement will ex- pire on June 30th. Staff has met with County representatives and reviewed their golf course operations, most of which have been contracted out to private enterprise, and staff has also met with other municipal golf courses on the management of their operations. Mr. Jarrett mentioned a comparison of ten neighboring facilities is attached to the staff report on this matter which illustrates exactly how each phase of their golf courses are operated. The trend is toward contracting out golf course operations. Staff is satis- fied with the way the Downey course has been managed, although there have been some problems in recent months; but comparing the financial analysis of Downey's facility with other courses in the area, its financial situation is very good. He suggested options available of either resuming management of the Golf Course and hiring staff to take over the maintenance function, hire a course manager who would have staff to do the starter operation and handle the carts and driving range; or combining all operations into one operation and bidding it as a package to an operator. It is staff's recommendation that the Council authorize preparing requests for proposals; to go out to bid; and to secure a contract for maintenance and pro management services. Councilman Davila clarified that his previous remarks were not directed toward the Men's Club or Women's Club but were directed toward the best interests of the citizens of Downey. Marilyn Bargas, President of Rio Hondo Women's Golf Club, said their club strives to make groups comfortable while playing at Rio Hondo and to support the course. They like the way the course has been maintained in the past and it is better than average. She commented on golf courses,operated by American Golf but mentioned their course conditions are not as good as Rio Hondo. Mr. Jack Andreasen, 11319 Hercules Hondo Men's Club, submitted a report Hondo Men's Club's activities at the Street, Norwalk, President of the Rio entitled "Financial Impact of the Rio Rio Hondo Golf Course" and noted the Council Minutes 5/14/85 -5- / /;'-4 Men's Club generates a lot of revenue each year. He mentioned their main concern is the starting times and said something should be done as quickly as possible to get the pro shop back into operation. Responding to questions, Mr. Jarrett mentioned Mr. Avila currently is not providing inventory for the pro shop, but if the Council should choose to enter into an official interim Operating Agreement, Mr. Avila would put stock in the pro shop. He estimated it would take approximately six -to -eight months to get a new operator of the golf course. Mr. Jack Caldwell, 12024 Bellflower Boulevard, commented on the member- ship of the Downey Men's Club compared to others in the surrounding area. The membership fee is $75 per year. Mr. Mix Lewis, 7149 Nada, member of the Golf Course Authority, commented on research he was asked to conduct by Councilman Davila of Downey's fees compared to other golf courses, noting Downey is one of the highest throughout the week when the golf course is open to the public and one of the cheapest on the weekends when the Men's Club and Nisei group have pre -paid starting times. He said the two groups play golf for one dollar less than other groups. Mr. Jarrett mentioned the Men's Club pays more for the privilege of having starting times on Saturdays and Sundays. This, he said, would not show on the starter sheet because it is collected separately. Mr. Lewis' information was presented to the City Clerk for the record. Mr. Jarrett further explained that the fee paid by the Men's Club guarantees the starting time, and the fee is paid regardless of weather condi- tions. The only time the Men's Club does not have to pay is when it is rainy or the course is closed by the City. Councilwoman Boggs indicated she would like this to go to bid imme- diately to see if bids can be received in the next 30 days; and she proposed having one separate contract for maintenance of the course and go out to bid for a pro shop operator. However, she would like to see the City control the collection of green fees and cart fees and hire senior citizens or someone from the Community Services Department to monitor the fees. Councilwoman Boggs commented on the importance of groups who regularly support the golf course but feels $10 per person for a reserved starting fee is a real bargain, and she requested a review of how many people are complaining about problems with reservations. Councilman Davila mentioned he did ask Mr. Lewis to research figures and that the documents are his that were turned over to the City Clerk. He feels the golf course could be administered better and the City could make more on weekends if it was opened up. Councilman Cormack favored an increase in the amount for permanent start- ing times and feels it is essential to stay with clubs because they guarantee play on the weekends, rain or shine. The City should do what it can to encourage more revenue. When asked if there have been any other proposals on the pro shop other than from Mr. Avila, Mr. Jarrett replied there are probably between 15-20 different proposals and resumes in the file from golf course managers. Councilman Santangelo feels the City is getting short-changed on condi- tions at the golf course, and he expressed concern that the only proposal for maintenance is from the current maintenance contractor. He stated the golf course belongs to the people of the community, and he has received complaints from people who cannot get starting times on the weekends. He suggested a different formula to provide more available weekend play for people of the community and take necessary time to obtain the right proposals for operation and maintenance of the golf course. Mr. Andreasen said the Men's Club will do anything to improve relation- ships at the golf course. Mr. Ray Gotts, 7420 Lubec, recently retired as Golf Manager of Los Angeles City golf courses, prior to that was Executive Director of the Southern California Golf Association, and now a golf consultant, mentioned Council Minutes 5/14/85 -6- %7�13 Downey has a successful golf course, which has done remarkably well. The problem of starting times can be worked out. He has been authorized by the American Golf Corporation to submit a proposal to have trained staff and a full compliment of merchandise at the pro shop within five days of an indi- cated starting date on an interim basis of the City's own choosing. Mr. Gotts said this would be meant to help the City over an interim period without any prejudice in favor of his company. Councilwoman Boggs questioned whether it is ethical to take Mr. Gotts' comments since the request for bids has not been sent out. It was moved by Councilman Cormack and seconded by Councilman Santangelo to direct prepararation of proposals to go out to bid. An amended motion was made by Councilwoman Boggs and seconded by _ Councilman Davila that collection of green fees and cart fees be handled by the City. AYES:, 2 Council Members: Davila, Boggs NOES: 3 Council Members: Santangelo, Cormack, Barb Failed. Roll call vote on the original motion: AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila It was moved by Councilman Davila, seconded by Councilman Santangelo, and passed by unanimous vote to open up for bidding the interim management of the Golf Course to any interested bidders. It was moved.by Councilman Santangelo, seconded by Councilman Davila, and passed by unanimous vote to direct staff to.invite bids for maintenance of the Golf Course for the period of June 30 to December 30, 1985. Mayor Barb introduced Loran Lewis, reporter with the Southeast News, who is transferring to another newspaper. Mayor Barb declared a recess from 10:26 p.m. to 10:46 p.m. The meeting resumed with all Council Members present. Request for Funding - Downey Civic Light Opera Association and Downey Symphonic Society Mh. Jarrett reported on a request of the Downey Symphonic Society for a waiver of fees for 1984-85 of approximately $2800, and since it has been the Council's policy to not waive fees, a grant or loan was requested in the amount of $2800. In addition, the Downey Civic Light Opera Association also requested a grant of $15,202, which amounts to their charges for use of the Theatre, and a loan of $10,000 for general operating expenses for the balance of the fiscal year. This matter was studied by the Recreation & Community Services Commission, and the Commission recommends the $10,000 loan and a grant of $15,202 provided that certain guidelines are attached to the loan. Mr. Jarrett stated for the record that the Commission felt strongly in order for the City Council to consider the issue, conditions or guidelines should be a part of the grant. It was moved by Councilman Santangelo and seconded by Councilwoman Boggs to eliminate Guideline No. 1. It was moved by Councilman Santangelo and seconded by Councilwoman Boggs that the last sentence of Guideline No. 6, be amended to read "The vote of the Commission will be final unless appealed to the City Council within 15 days." Discussion was held regarding the "per show budget not to exceed 60 percent per production." Roll call vote on the first motion: AYES: 4 Council Members: Davila, Santangelo, Boggs, Cormack NOES: 1 Council Member: Barb Council Minutes 5/14/85 -7- The second motion was passed by unanimous vote. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by unanimous vote to loan the Downey Civic Light Opera Association $10,000 to be paid within three years and give them a one-time grant of $15,202.60 to be paid from the interest on the Cultural Arts Fund. It was moved by Councilwoman boggs, seconded by Councilman Santangelo, and passed by the following vote to give a one-time grant of $2,800 to the Downey Symphonic Society from the Cultural Arts Fund. Councilman Cormack mentioned he is a supporter of the Symphonic Society but he understands the majority of musicians are from outside Downey, and an effort should be made to acquire as many musicians from Downey as possible. Lorene Parks, 9526 Karmont, South Gate, President of the Downey Symphonic Society, said the orchestra presently consists of five or six Downey resi- dents. She mentioned the orchestra is chosen through audition, and everyone, including Downey residents, is invited to attend. . Councilwoman Boggs feels the musicians should be selected on ability rather than placing emphasis on whether they are a Downey resident. AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb Margene Glenn thanked the Council for its consideration and said attempts will be made to repay the loan as soon as possible. She and Mrs. D'Orazio were congratulated for their work on the Civic Light Opera Association. Elaine Scott, 11044 Theiss Avenue, Whittier, commented on the marketing research which has been conducted to determine the needs of the people who attend the theatre, which is a need for publicity and more attention and help from the community. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-F-1, Zone Change No. 218 - Rancho Los Amigos, was removed at the request of Councilwoman Boggs. Agenda Item VIII-F-4, Hospital -Medical Arts Zone Code Amendment, was removed at the request of Councilman Santangelo. •Agenda Item VIII-F-3, Report on Legal Services - City Prosecutor, was removed at the request of Councilman Davila. CONSENT CALENDAR It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Adjourned Regular Meeting of April 22, 1985; Adjourned Regular Meeting of April 23, 1985; and Regular Meeting of April 23, 1985. Rejection of Legal Claims: Ref. #718, Mario Bravo; and Ref. #719, Virgil Murch, Jr. General Warrants: 15281 - 5826: $1,839,729.68. Window Coverings: Bid package and authorize the Purchasing Division to advertise for bids. RESOLUTION NO. 4569 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 85/05) OTTO STREET EAST OF POMERING ROAD Council Minutes 5/14/85 -8- RESOLUTION NO. 4570 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 85/05 - OTTO STREET EAST OF POMERING ROAD RESOLUTION NO. 4571 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 85/05 - OTTO STREET EAST OF POMERING ROAD) (set the hearing for 6/11/85) RESOLUTION NO. 4572 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING AN ALLOCATION OF COUNTY AID TO CITIES FUNDS FOR THE MAINTENANCE OF SELECT SYSTEM STREETS AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb Zone Change Case No. 218 - Rancho Los Amigos Property Councilwoman Boggs said unless there have been some changes in informa- tion submitted by the County, this should be sent back .to the Planning Commission. She is not interested in seeing manufacturing zoning on Imperial Highway as the first development of the Rancho property and this is not time to conduct the hearing. She would like to have the County do some changing before the Planning Commission and then come back to the Council. Mr. Newton cited the Code requirement whereby the matter must be held within 30 days. Councilman Santangelo said he will May 28th, and since he would like to requested it be set for June llth. be away during the Council Meeting of take part on this public hearing, he It was so ordered to set a hearing on Zone Change Case #218 for 7:30 p.m., May 28, 1985, in the Council Chamber of the Downey City Hall, at which time the hearing will be opened and continued to June 11, 1985. General Fund Appropriation - Legal Services provided by City Prosecutor Councilman Davila requested the April 30, 1985, memo from Martin Mayer to the City Manager be attached to staff's recommendation for the record. It was so ordered to receive and file the report on General Fund Appropriation for Legal Services provided by the City Prosecutor. It was moved so ordered to set a hearing on Amendment to Downey Municipal Code pertaining to Hospital -Medical Arts Zone for 7:30 p.m., June 11, 1985, in the Council Chamber of Downey City Hall. ORAL COMMUNICATIONS - Items not on Agenda Mr. Ken Miller, 7336 Cleargrove Drive, commented on Senate Bill 1091 which would provide to cities that levied no Property Tax prior to the passage of Proposition 13 a share of Property Tax being collected and would also increase shares of those who did levy a tax but did not receive 10 percent of the revenue generated from the value of property in their jurisdictional areas. He said people who co-authored Proposition 13 did not realize it would close the door on the power to levy a Property Tax, and cities who did not levy a tax were generally contract cities whose services were provided by the County. Mr. Miller expressed his opposition to cities receiving a share of Property Taxes they do not have a right to, plus he is further opposed Senate Bill 1415 which provides the method for returning the tax to cities. He re- quested the Council take a position to start some opposition to this Bill. Council Minutes 5/14/85 -9- Mayor Barb requested a letter be prepared for each Council Member's signatures and that it be sent not only to Downey's representatives but to ICA and other cities to seek their support. Mr. Miller then referred to the Traffic Problems on Guatemala, which he said started with a stop sign and a three-phase approach approved by Council to resolve the problem. He concurs with enforcement of traffic speeds, but he complained regarding the resetting of the signal on Bluff Road. The next phase, he said, will prevent him from turning right when he comes across from home to go down Guatemala or other streets until he gets to Tweedy. He requested the Council to take a second look at this matter and the impact it has on motorists. During discussion, Mr. Ralph said the restriction for turning will be during peak hours and it is not intended to be permanent but as an effort to re-educate people and get them to use other routes. ORDINANCES: None RESOLUTIONS RESOLUTION NO. 4573 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO VACATE TWO IRREGULARLY SHAPED PORTIONS OF IMPERIAL HIGHWAY, ONE LOCATED ON EACH SIDE OF THE HIGHWAY ADJACENT TO AND WESTERLY OF THE SOUTHERN CALIFORNIA ED'ISON COMPANY'S 180-FOOT RIGHT-OF-WAY (sets the hearing for June 11, 1985) The Resolution was read by title only. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by the following vote to waive further reading and to adopt. Councilman Davila said in the past staff has been asked to submit Plan- ning Commission minutes on these matters. He was informed the vote of the Commission was 5-0 on this item, and he requested that the minutes be included in the future. AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb RESOLUTION NO. 4574 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESCRIBING A PROPOSAL TO ANNEX THE ENTIRE CITY AREA INTO CITY-WIDE ZONE III (A.D. 121) AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT RESOLUTION NO. 4575 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ACCEPTING AND APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION OF THE ENTIRE CITY AREA INTO ZONE III OF EXISTING LIGHTING DISTRICT NO. A.D. 121 RESOLUTION NO. 4576 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX THE ENTIRE CITY AREA INTO ZONE III OF EXISTING LIGHTING DISTRICT NO. A.D. 121 AND SETTING THE TIME AND PLACE FOR PUBLIC HEARING (JUNE 11, 1985) The Resolutions were read by title only. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to waive further reading and to adopt. A question was raised on whether this would be violating the spirit of Proposition 13, and Mr. Newton replied it does not violate the law, and whether it violates the spirit of Proposition 13 is a matter of opinion. Mayor Barb indicated this is a fee, and it must be paid one way or another. Council Minutes 5/14/85 -10- Mr. Ken Miller attempted to speak regarding the proposal to put the entire City into a new zone. Mayor Barb explained the Council is setting a hearing and is not going to discuss the merits of this matter at this time. The Council is establishing a time to discuss the issue. Mr. Miller mentioned that what he has to say directly affects the decision of the Council on whether a hearing should be held. Council Members Boggs, Santangelo, and Davila each indicated they would be willing to hear what Mr. Miller has to say. It was"moved by Councilman Davila to listen to Mr. Miller speak. Mr. Newton expressed concern about the violation of due process because the purpose of the hearing is to hear the merits of the case, for or against the proposal. To hear it now is taking evidence outside the hearing, and it is inappropriate because persons who are opposed to the point of view that may be expressed would not have the opportunity to hear and respond. Councilman Santangelo said after the City Attorney's comments, he would agree it is not the proper time to take testimony. Councilwoman Boggs concurred. AYES: 4 Council Members: Santangelo, Boggs; Cormack, Barb NOES: 1 Council Member: Davila Councilman Davila's "no" vote did not relate to waive of further reading. RESOLUTION NO. 4577 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESCRIBING IMPROVEMENTS WITHIN LIGHTING MAINTENANCE DISTRICT A.D. 121 FOR THE FISCAL YEAR 1985-86 AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT The Resolution was read by title only. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila Councilman Davila's "no" vote did not relate to waive of further reading. RESOLUTION NO. 4578 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE ENGINEER'S REPORT FOR ASSESSMENTS WITHIN LIGHTING MAINTENANCE DISTRICT A.D. 121 FOR THE FISCAL YEAR 1985-86 The Resolution was read by title only. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to waive further reading and to adopt. When asked about the Engineer's Report based on safety lighting in the amount of $215,000, Mr. Ralph said after the hearing the Engineer's Report can be modified per the Council's desire. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila RESOLUTION NO. 4579 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LIGHTING MAINTENANCE DISTRICT A.D. 121 FOR THE FISCAL YEAR 1985-86 (sets the hearing for June 11, 1985) Council Minutes 5/14/85 -11- I The Resolution was read by title only. It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb NOES: 1 Council Member: Davila RESOLUTION NO. 4580 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING COMPENSATION FOR JUST AND REASONABLE EXPENSES FOR CERTAIN BOARDS AND COMMISSIONS AND RESCINDING RESOLUTION NO. 3922 The Resolution was read by title only. It was moved by Councilman Davila, seconded by Councilwoman Boggs, and passed by the following vote to waive further reading and to adopt. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by the following vote to reflect a 20 percent increase for boards and commissions as follows: Recreation and Community Services Commission - $36.00 per meeting, not to exceed $72.00 monthly. Planning Commission - $36.00 per meeting, not to exceed $72.00 monthly. Personnel Advisory Board - $18.00 per meeting, not to exceed $36.00 monthly. Personnel Advisory Board - $18.00 per meeting, not to exceed $36.00 monthly. Water Board - $18.00 per meeting, not to exceed $36.00 monthly. Building Appeals Board - $18.00 per meeting, not to exceed $36.00 monthly. It was moved by Councilman Davila to amend the amount that these boards and commissions shall be paid for their participation at any additional meetings. The motion died for lack of a second. Mr. Lennie Whittington, 8542 Manatee, feels all the boards should be treated equally. He also mentioned he does not feel the Recreation & Commu- nity Services Commission should receive free theatre tickets and free golf play, the same for the Council, City Manager, and other department heads that receive free theatre tickets and golf play. Councilwoman Boggs said this is not the place to discuss that issue. Roll call vote on the 20 percent increase: AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb Roll call vote on the motion to waive and adopt: AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb ADMINISTRATIVE REPORTS It was moved by Councilman Santangelo, seconded by Councilman Davila, and passed by unanimous vote that contingent upon Caltrans' approval, to award a unit price contract totaling $256,797 to Sully -Miller Contracting Company for construction of improvements under S.S. Project No. 379 - Old River School Road, Stewart and Gray Road to Firestone Boulevard, and transfer funds in the amount of $21,200 from the unexpended Gas Tax Balance to Account No. 26-16379. Mr. Powell explained a new Liability Insurance has been received in the amount of $75,000 on Option No. 1 for $500,000 deductible with insurance up to $10 million. Therefore, Option No. 1 is recommended for approval. Council Minutes 5/14/85 -12- It was moved by Councilman Davila, seconded by Councilman Santangelo, and passed by unanimous vote to approve Option No. 1 at $75,000 premium. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by unanimous vote to authorize purchase of a New Radio System for the Police Department and Public Works Department (to be appropriated from the Equipment Reserve Fund). A Budget Study Session was set for 1:00 p.m., May 31, 1985. ORAL COMMUNICATIONS - Staff Members: None ORAL COMMUNICATIONS - Audience Mr. Lennie Whittington, 8542 Manatee, commented regarding the Council's decision to not hear comments from Mr. Miller or himself earlier in the meeting. CLOSED SESSION Mayor Barb announced the meeting will be recessed to closed session for consideration of pending litigation under Section 54956.9 - Government Code as follows: A Section 54956.9, Subdivision (a) matter - Whittington vs. City of Downey, et al; and a Section 54956.9 Subdivision (b) matter. The meeting was then recessed from 12:05 a.m. to 12:25 a.m. The meeting resumed with all Council Members present. Mayor Barb announced there was no reportable action taken in closed session. ORAL COMMUNICATIONS - Audience Councilwoman Boggs cautioned Mr. Whittington regarding his verbal conduct in the Council Chambers before the closed session. Mr. Whittington, 8542 Manatee, continued with his comments regarding free theatre tickets and golf play for the Recreation Commission, department heads or Council Members and said he feels this is improper. Also, in reporting matters he does not like to be intimidated. He would like to know who is getting free theatre tickets and golf play. Councilman Santangelo does not think anyone should have the right to free theatre tickets.or golf play, particularly when a Council Member might receive free play but a hard-working committee member might not. He would like to see the policy of freebees eliminated. Councilman Davila explained procedure was followed in not allowing Mr. Miller to address the Council on a hearing item. He feels the City Council and Commissioners should have the extra priviledge of being able to partici- pate in functions with gratuity of Theatre tickets or free golf play. Councilwoman Boggs objected to unlimited free play at the golf course but does not object to it on an occasional basis. As to theatre tickets, they come as an invitation from the Civic Light Opera Association to the Council Members as their guests. She cited organizations in the City to which she has donated funds and said she does not feel like a freeloader. Mr. Whittington indicated his comments were aimed more toward boards and commissions than the City Council, particularly since the free play or theatre tickets are only given to one Commission. Councilwoman Boggs pointed out the only reason the one commission is invited to the Theatre is that it is an operation under their jurisdiction. Mr. Whittington asked if anyone else receives free golf play, and he was informed there is a written policy. ORAL COMMUNICATIONS - City Council Councilman Santangelo inquired regarding status of an ordinance on newspaper racks. The City Attorney will report back on June llth. Council Minutes 5/14/85 -13- Councilman Santangelo referred to a letter from Senator Carpenter regarding the California Department of Corrections locating a half -way house in Downey and asked if a negative response has been sent. Councilman Cormack said the City will be responding and that he and other City representatives met to hear details of the proposals. Councilman Davila expressed constituents' objection to a person walking his pet snake near Paramount and Imperial. Referred to the City Manager, who will also check on the keeping of snakes. Councilman Davila asked if there is a City ordinance permitting handymen, who have been convicted of a misdemeanor or felony, to take out a permit or license to work on a home. Chief Martin explained at the present time, criminal checks are not done on people who apply for licenses. Referred to staff. Councilman Davila commented on his attendance at a ceremony at the Police Academy for a scout member who has obtained one of the highest honors of an Eagle Scout. He feels it would be appropriate for the Council to recognize this person with a proclamation from the City. Mayor Barb replied he has presented similar proclamations this year. He questioned whether there is a policy and whether it would be an acceptable procedure to set a specific time during the week to issue proclamations and, take pictures. The Council concurred. Councilman Davila mentioned John Gonzalez is no longer connected with the home for unwed mothers on Priscilla Street. He inquired regarding status of code compliance and was informed this matter is involved in litigation. An update will be given at the next meeting. Councilman Cormack reported that the Downey -El Monte -San Jacinto Joint Powers Finance Agency sold bonds at a 9.99 percent rate. Councilman Cormack then inquired regarding the status of a detention home proposed for location in Downey and suggested a letter be sent to oppose it. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and passed by unanimous vote to appeal Tentative Tract Map No. 44089 and Zone Variance No. 384, 8247-53 Gardendale Street. A hearing on this matter was later set by motion of Councilwoman Boggs for 7:30 p.m., June 11, 1985, in the Council Chamber of Downey City Hall. So ordered by the Mayor. The property owner is to be advised immediately of this appeal. Councilwoman Boggs requested scheduling a meeting with Senator Carpenter. Councilwoman Boggs also requested staff to pursue problems with color of the hotel. She was informed the hotel representatives are putting together a new rendering to be presented to the Design Review Board. CLOSED SESSION Mayor Barb announced the meeting will be recessed to closed session to discuss a matter of personnel. The meeting was then recessed from 1:00 a.m. to 1:08 a.m. and resumed with all Council Members present. Mayor Barb said the City Manager will be leaving and going to Burbank. The Interim City Manager will be Fire Chief Don Davis. At the next closed session discussion will be held on selecting a new City Manager. ADJOURNMENT: 1:09 a.m. The meeting was adjourned to 6:30 p.m., May 28, 1985, in the Council Chamber of Downey City all, to discuss potential lit' ation and personnel. Robert . hand, City Clerk -Treasurer andall /Farb, Mayor / Council Minutes 5/14/85 -14-