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HomeMy WebLinkAboutMinutes-08-27-85-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 27, 1985 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Hearing to determine whether Dolan Av., private street bet. Everest & Imperial should be declared open for public use Cont'd. to 9/10/85 1 Hearing on Gen. Plan Amndmt. 85-1 & Zone Change Zone Change withdrawn; #218, Rancho Los Amigos Property Hrg, on Gen. Plan Amndmt. cont'd. to 10/22/85 2-4 Recognition of former Congressman Del Clawson Removal of Items from Consent Calendar Minutes: Adj. Reg. Mtg., August 13, 1985; & Reg. Mtg., August 13, 1985 Approved Corres. from George Fairhurst, Chairman of Arch Comm., re Management of Arch Money Funds Received & filed Downey Chamber of Comm. Annual Rpt. for 1984-85 Received & filed Legal Claims for Rejection: Ref. #737, Blauvelt; & Ref. #695, Appl. f/Late Claim - Downey Dolphins Rejected General Warrants: #8028 - 8330 Approved Funding Distribution 1985-86 Fiscal Year - Social Service Organizations Approved Automated Want/Warrant System Agmt.: Auth. CM to sign w/City of L.A. Approved Suppl. Approp. from Theatre Grant Fund: Expendi- ture from Stamps Foundation for replacement of drapes in Green Room & offices of Theatre & replacement of Theatre's hydraulic lift Approved Ord. #798, Granting Franchise to Four Corners Pipe Line Co. Adopted Ord. #799, Granting Franchise to Atlantic Richfield Co. Adopted Ord. #800, Granting Franchise to Golden West Refining Co. Adopted Ord. #801, Granting Franchise to Mobil Oil Corp. Adopted Ord. amending DMC re Pigeons Ord. #802, Designating Three Public Places for Posting Legal Notices Res. #4633, Apprvg. Appl. for Pedestrian Funds auth. under SB 821 Res. #4634, Providing for 4.5% Wage Adjustmt. for Part -Time Hourly Classification & rescind Res. #4286 Res. apprvg. Cost -of -Living Adjustmts. for Management, Middle Management, & Confidential/ Exempt Employees Tabled Adopted as urgency Adopted Adopted Held over to next mtg. 4 4 5 5 5 5 5 5 5 5 5 5 6 6 6 7 7 7 7 Page 1 of 2 COUNCIL MINUTES, AUGUST 27, 1985 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO.; Res. #4635, Concurring in Downey Comm. Hospital Foundation Deed of Trust as Security for Loan to Enlarge Hospital Facilities Adopted 7 Res. #4636, Apptg. Francine M. Biller to Library Adv. Bd. for Dist. 5 Adopted 8 Res. #4637, Auth. Cost -of -Living Salary Adjustmt. & Adopting 1985-86 City Clerk Treasurer Pay Plan Adopted 8 Sewer Fee - Senior Citizen Refund Failed 8 Concept of Contract for Dog License Canvassing; & approve payments being made to Mid -Valley Consor- tium when it has proof of Workers Comp. Approved 9 Administrative Regulation on Special Event & Circumstances Liability: Auth. CM to execute; & that insurance need not be liability w/exceptn. of Downey Christmas Parade Comm. & Rose Float Assn. & any others staff considers appropriate Approved 9 Traffic Committee: Poll vote in two categories of committee members & staff Approved 10 Auth. Dir. P.W. to send letter reflecting Council's desire that Brad Gaston be appointed to Cemetery Bd. to replace Cn. Barb Approved 10 Req. of Our Lady of Perpetual Help Church to use Approved; CM to send City Hall lobby area for reception following letter informing Theatre Program on Sunday, 12/22/85, 8:30-10:30pm Church of approval 10 Paul Sarvis re Ordinance on publication of Legal Notices 11 Cn. Boggs re DART program on 3rd Floor City Hall 11 Cn. Boggs re hiring Code Enforcemt. Officers 11 Cn. Boggs re importance of City records 11 Cn. Boggs re Bellflower's first city bus service 11 Discussion re meeting bet. Deputy Dist. Attorney, City Attorney, & Mayor Davila on meeting with Congressman Anderson & field trip 11 Update on Cardono project 11 Meeting adjourned to 4:30 p.m., Sept. 10, 1985, for closed session on pending & potential litiga- tion & personnel matters 11 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 27, 1985 The City Council of the City of Downey held a regular meeting at 7:48 p.m., August 27; 1985, in the Council Chamber of the Downey City Hall, Mayor Bob Davila presiding. PRESENT: Council Members: Bob Davila Mayor James S. Santangelo Mayor Pro Tem Diane P. Boggs Randall R. Barb ABSENT: Robert G. Cormack (excused) ALSO PRESENT: Don Davis, City Manager Pro Tem 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 James R. Jarrett, Director of Community Services William Sumner, Fire Marshal Scot Yotsuya, Assistant to the City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Monsignor Young, Our Lady of Perpetual Help Church. The Flag Salute was led by Councilwoman Boggs. PRESENTATIONS: None HEARINGS Mayor Davila opened the hearing to determine whether Dolan Avenue, a private street between Everest Street and Imperial Highway, should be declared open for public use. He inquired if the City Clerk had the Affidavit of Mailing Notice of Hearing, and the response was yes. It was moved by Councilman Santangelo, seconded by Councilman Barb, and so ordered to receive and file the Affidavit. Chief Martin said the Council has expressed an interest in possible enforcement of Municipal and Vehicle Code violations on privately owned streets. There is a section in the law that allows this to happen providing a hearing is held and the City Council passes an Ordinance declaring the street open for public use. He pointed out this does not change the property owners' rights, ownership of land, or use, but merely allows the Police Department to enforce Vehicle and Municipal Code violations, such as parking on the street. Mayor Davila inquired if the City Clerk had received any correspondence, and the response was no. Mayor Davila asked if anyone wished to speak in favor. Mr. Sidney Bachelor, 12522 Dolan Avenue, said when the property was sub- divided, the street should have been built to City specifications and dedi- cated it at that time. The costs are now prohibitive, but he believes with the present plan that property owners would agree there should be Vehicle Code enforcement on the street. He mentioned there has been a large boat on the street, which has not been moved for months. Also, people are hesitant to dedicate the street because it is feared the City would open it up. Across the street from the boat there is a camper which has not been moved, and grass is growing up around the tires. Mr. Bachelor said the property owners have to maintain a private street and would be responsible if someone runs into the boat, which has no reflectors on one end. Council Minutes 8/27/85 -1- Mr. Jim Karsjens, 12521 Dolan, would like to see traffic enforcement on the street but that each of the parcels have already given an easement for road purposes. He objected to partial enforcement and said if anything obstructs the easement, then that also should be enforced. There being no one else to speak in favor, Mayor Davila asked if anyone wished to speak in opposition. Mr. Ron Stead, 8351 Imperial Highway, prefers the street the way it is. He would like to see people on the street get together and work this out among themselves. Roberta Gara, 12558 Dolan, said some of the property owners did not receive letters that were sent out, and she expressed concern about being par- tially informed as to what regulations the Police Department will follow. She was informed the violations refer mainly to parking. Mrs. Gara said if there is a problem in the neighborhood then people need to get together to solve it, which they were not aware of until they received the City's letter. Councilman Barb suggested leaving the hearing open for two weeks to let staff inform residents of the details on this mater and give them a chance to discuss it and decide what they want to do. Mrs. Gara also said there is a question on what the City is proposing to do and what is the problem. Councilwoman Boggs explained the term "declare the street open for public use" does not mean the City intends to open the street where it dead ends into Everest. The City is talking about allowing the Police Department to legally come onto a private street and enforce the Vehicle Code, which would include parking regulations of the City. It was moved by Councilman Barb and seconded by Councilwoman Boggs to continue the hearing for two weeks (September 10, 1985 - 7:30 p.m.). Mr. Karsjens extended an open invitation to people on his street to come to his residence at 1:00 p.m. a week from Saturday in the hope of resolving the situation in a private rather than public manner. Mayor Davila opened the hearing on General Plan Amendment 85-1 and Zone Change Case No. 218, Rancho Los Amigos Property, which was continued from the regular meeting of June 11, 1985. He inquired if the City Clerk had the Affidavit of Mailing Notice of Hearing, Affidavit of Posting, and Proof of Publication, and the response was yes. It was moved by Councilman Santangelo, seconded by Councilman Barb, and so ordered to receive and file the Affidavit and Proof. Mr. Cutts explained the request concerns property on the southwest corner of Rives and Imperial, Parcel A, to change the General Plan designation from public use to light manufacturing and the zone from R1-5000 to M-1, light manufacturing. There are approximately 126-129 acres of buildable area on the entire Rancho property. He cited development and zoning of land surrounding Parcel A and mentioned the County is asking that the zone change request be withdrawn. There has been discussion on how the proposed use would affect some of the surrounding and abutting properties to the east zoned R1-5000 and the best way to handle this would be to put together a specific plan, which the County and City have been working on for some time. The Planning Commis- sion denied the General Plan Amendment and Zone Change, and it was presented to the Council on June llth. After that time new and additional information was received in the way of a specific plan of the County, which was subse- quently worked on by staff, the Commission, and County. Mr. Cutts said there are two problems with the specific plan, one of which involves uses that would be allowed on Parcel A, and the other concerns philosophy and how to handle particular zoning and development on the entire site. While this hearing only involves Parcel A, staff is concerned how Rancho Los Amigos will be developed as a whole and how the County is looking at its development. Mr. Cutts commented on the location of parcels A through D on the Rancho property and noted the County will have to make a decision on whether to keep the hospital located north of Imperial or relocate it to the southeast portion of the hospital site. He also mentioned that development of the parcels could affect one another with regard to traffic, and a traffic study has been provided on Parcel A. As a result of the Planning Commission's concern about Council Minutes 8/27/85 -2- traffic, it added onto its recommendation for denial that it wanted to direct City staff to prepare a specific plan for the entire Rancho site working in conjunction with Rancho staff. It is suggested the General Plan Amendment not be denied at this time but continue it and have staff work with the County on putting together a plan for the entire Rancho site in phases. The Commission recommends denying the General Plan Amendment and Zone Change 218, which the County is withdrawing, and direct City staff to prepare a specific plan for the entire Rancho site working in conjunction with County staff. Mayor Davila inquired if the City Clerk had received any correspondence. Mr. Shand replied no, but that he did receive a note of a telephone call to the Mayor's office from Mrs. Mathias, 7903 Lyndora, stating her objection to Zone Change 218. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and so ordered to receive and file. Mayor Davila then asked if anyone wished to speak in favor of the General Plan Amendment and Zone Change. Councilman Barb mentioned he has read in the paper that the County is requesting this be continued because the City Attorney or City staff has said it is necessary for this matter to go back to the Planning Commission for hearing. He asked if it could be handled tonight rather than going back to the Commission. Mr. Newton explained the County requested initiation of a General Plan Amendment and Zone Change, which were set for hearing before the Planning Commission and denied, and the County appealed that denial to the Council. An appeal hearing was set for June llth, and at that time the County presented to the Council a document entitled "Rancho Business Center Specific Plan" marked for discussion purposes only. That was considered new information which was not considered in connection with the previous proceedings, and the Council continued the hearing to August 27th for the purpose of referring all informa- tion to the Commission for its comments back to Council. The additional information was presented to the Commission for its consideration along with the General Plan Amendment and Zone Change, and several study sessions were held on this issue. There was no initiation of a specific plan proceeding either at the Council or Commission level. After its review, the Commission reiterated its prior decision of denial,and it is now back to the Council. Mr. Newton said apparently the County had some belief or understanding that submission to Council of the Specific Plan marked for discussion purposes only constituted initiation of a specific plan proceeding, and he explained that specific plans are initiated pursuant to State Law in the same manner as General Plan Amendments, which include a request attached to a proposed specific plan that it be referred to the Planning Commission, who must conduct public hearings. None of this was done because the City did not regard this as submission of a specific plan as provided for in State Law. Mr. Newton said his office has notified the County that it believes no specific plan had been initiated, which the County took exception to and so expressed itself in a memo to Supervisor Schabarum. Councilman Barb asked if the Council chose to move forward, could it consider the present request for General Plan Amendment and Zone Change with the requirement that a specific plan be brought back at a future date. Mr. Newton answered that if the County characterizes this as a specific plan which it is requesting to be initiated pursuant to provisions of State Law, then it can be referred to the Commission for conducting hearings. Mr. John Shirey, Acting Executive Director of the Los Angeles County Community Development Commission, 1436 Goodrich Boulevard, Commerce, commented on the considerable time spent with the Planning Commission and City staff in attempting to proceed with development of Parcel A, and that the County applied for the M-1 zone designation was because it was the closest for to industrial park development. Also, it became clear that people were uncom- fortable with the M-1 designation because it permitted too many things that would be offensive to members of the community, Council and staff and more uses than the County were seeking. This, he indicated, prompted the County to submit a specific plan of various development standards and uses that would be permitted on the property, but it was subsequently learned that the City or its staff should have initiated the plan for the County. Mr. Shirey explained Council Minutes 8/27/85 -3- it was anticipated that everything would be worked out by this evening to have the Council approve the General Plan Amendment and specific plan, but appears the most the County can request at this time is approval of the General Plan Amendment. He requested the Council to consider the specific plan as formal application of a specific plan for the City of Downey and to direct the Planning Commission to hold a hearing on the specific plan submitted at the earliest possible date so the County can come back to the Council for action. Mr. Shirey did mention that the County is willing to withdraw the M-1 application so that people will know the County intends to build a quality development to enhance the business climate in the community, create jobs, and add to the City's tax base. The County would like to proceed with getting the specific plan adopted and approval of the General Plan Amendment. Councilwoman Boggs said there has been implication that the Council and City have delayed the County, and she pointed out that before the June llth meeting she was contacted by two staff persons of Los Angeles County, at whose request she was involved in sending the County's matter back to the Planning Commission. Councilman Santangelo said he wants to give people the opportunity to express themselves, but he does not want to hear testimony tonight and then hear it again after it comes back from the Planning Commission. Mr. Newton explained that if the Council honors the request of the appli- cant to withdraw the zone change application, the only matter for hearing before the Council would be the General Plan Amendment. He recommended the Council not receive any testimony relative to the specific plan since it is required to be heard before the Commission prior to the Council. It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by the following vote to authorize withdrawal of the zone change. Mr. Shirey concurred. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack Mr. Cutts and Mr. Newton clarified the General Plan Amendment request. Following further discussion, it was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by the following vote to continue the hearing on the General Plan Amendment to 7:30 p.m., October 22, 1985; to accept the County's submittal for a specific plan and refer it to the Planning Commission for a public hearing for that purpose. Councilwoman Boggs expressed a desire to amend the motion and adopt some of the report of staff, and she suggested finishing up with Parcel A and compiling data on Parcels B and C and work with County staff on this. She would like a more specific plan than what she has seen so far, and she does not want M-1 on Imperial. Mr. Shirey asked if the Commission conducts a hearing on the specific plan and makes a recommendation to the Council, can the Council either approve or deny the specific plan on October 22nd? Mr. Newton's opinion was yes. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack Mayor Davila recognized former Congressman Del Clawson. Mayor Davila declared a recess from 9:13 p.m. to 9:28 p.m. The meeting resumed with Council Members Santangelo, Boggs, Barb, Davila present; Council Member Cormack absent. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Items VIII-F-3, Renewal of Contract - Automated Want & Warrant System; and VIII-F-4, Supplemental Appropriation from Theatre Grant Fund, were removed at the request of Mayor Davila. Council Minutes 8/27/85 -4- ,�o 9 Agenda Item VIII-F-I, Library Advisory Board Attendance Policy, was removed at the request of staff to be brought back at a later date. CONSENT CALENDAR It was moved by Santangelo, seconded by Barb, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Adjourned Regular Meeting of August 13, 1985; and Regular Meeting of August 13, 1985. Correspondence from George F. Fairhurst, Chairman of Arch Committee, regarding Management of Arch Money Funds. Downey Chamber of Commerce Annual Report for 1984-85. Legal Claims for Rejection: Ref. #737, Ruth V. Blauvelt; and Ref. #695, Application for Late Claim - Downey Dolphins Swim Club. General Warrants: #8028 - 8330, $1,225,596.51.' Funding Distribution 1985-86 Fiscal Year - Social Service Organizations. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack Automated Want/Warrant System Agreement Mayor Davila stated he will abstain from voting on this matter because he is employed by the City of Los Angeles. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to authorize the City Manager to sign an agreement with the City of Los Angeles for an Automated Want/Warrant Storage and Access Service. AYES: 3 Council Members: Santangelo, Boggs, Barb ABSENT: 1 Council Member: Cormack ABSTAIN: 1 Council Member: Davila Supplemental Appropriation from Theatre Grant Fund Mr. Jarrett explained grant funds were received from the Stamps Founda- tion toward installation and renovation of seats at the Theatre, and as a result of favorable bids, there is approximately $5,300 left in the account. There are several items that need to be taken care of out of this fund which includes replacement of drapes in the Green Room and offices and replacement of'a manlift. Since the bids came in higher than the $5,300, a supplemental appropriation of $1,900 is requested. Responding to questions, he said the improvements should take place in November. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to approve the expenditure from the Stamps Foundation Grant moneys of $5,300 for replacement of drapes in the Green Room and offices of the Theatre and $1,905.60 towards replacement of the Theatre's hydraulic lift. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack ORAL COMMUNICATIONS - Items not on Agenda: None ORDINANCES ORDINANCE NO. 798 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING A FRANCHISE TO FOUR CORNERS PIPE LINE COMPANY ORDINANCE NO. 799 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING A FRANCHISE TO ATLANTIC RICHFIELD COMPANY Council Minutes 8/27/85 -5- �sl�1-1 ORDINANCE NO. 800 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING A FRANCHISE TO GOLDEN WEST REFINING COMPANY ORDINANCE NO. 801 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING A FRANCHISE TO MOBIL OIL CORPORATION The Ordinances were read by title only. It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE IV CHAPTER 2 OF THE DOWNEY MUNICIPAL CODE BY ADDING THERETO A NEW PART 7 RELATING TO PIGEONS The Ordinance was read by title only. Mr. Cutts explained staff recently met with people of the California State Racing Pigeon Organization, whose attorney is preparing an ordinance he believes that would cover the City's needs. It is requested this matter be continued, and he noted the Ordinance will also be referred to the City Prosecutor. It was moved by Councilman Santangelo and seconded by Councilwoman Boggs to continue this matter to September 10, 1985. A discussion was held regarding pigeon problems in the City. Mr. Newton explained the Ordinance provides as a condition to issuance of a permit that the permittee authorize the City to make inspections of property at any time in order to determine compliance with conditions of the permit. AYES: 2 Council Members: NOES: 2 Council Members: ABSENT: 1 Council Member: Failed. Further discussion followed. Santangelo, Boggs Barb, Davila Cormack It was moved by Councilman Barb and seconded by Councilwoman Boggs to table the Ordinance. Councilwoman Boggs read a letter from Mr. Christian Gluck agreeing to City inspections. Councilman Santangelo asked if there is a way to allow people to keep pigeons if they receive letters from their neighbors saying they have no objection. Mr. Newton answered that the limitation for maintaining pigeons in the R-1 zone is contained in the Zoning Ordinance, and it could be modified that the keeping of pigeons shall be subject to a conditional use permit and with a mandatory condition of the neighbors' consent. Councilman Santangelo asked that this matter be brought back after the sample ordinance has been received from the attorney representing the racing pigeon organization. AYES: 3 Council Members: NOES: 1 Council Member: ABSENT: 1 Council Member: Santangelo, Boggs, Barb Davila Cormack Council Minutes 8/27/85 -6- 7, �_ X ORDINANCE NO. 802 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING THREE PUBLIC PLACES FOR POSTING LEGAL NOTICES; SAID ORDINANCE TO BE ADOPTED AS AN URGENCY MEASURE TO BECOME EFFECTIVE IMMEDIATELY The Ordinance was read in its entirety. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote to adopt. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack RESOLUTIONS RESOLUTION NO..4633 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPLICATION FOR PEDESTRIAN FUNDS AUTHORIZED UNDER SB 821 The Resolution was read by title only. It was moved by Councilman Barb, seconded by Councilwoman Boggs, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Santangelo, Boggs', Barb, Davila ABSENT: 1 Council Member: Cormack RESOLUTION NO. 4634 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROVIDING FOR A 4.5% WAGE ADJUSTMENT FOR PART-TIME HOURLY CLASSIFICATION AND RESCINDING RESOLUTION NO. 4286 The Resolution was read by title only. It was moved by Councilman Barb, seconded by Councilwoman Boggs, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack It was so ordered to hold the Resolution approving Cost -of -Living Adjust- ments for Management, Middle Management, and Confidential/Exempt Employees over to the next meeting. RESOLUTION NO. 4635 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONCURRING IN DOWNEY COMMUNITY HOSPITAL FOUNDATION DEED OF TRUST AS SECURITY FOR LOAN TO ENLARGE HOSPITAL FACILITIES The Resolution was read by title only. Mayor Davila mentioned he has been informed the complete set of material on this matter was not placed in the Library for public inspection. Mr. Davis explained where there is a large volume of information it is not always provided in the Library packet, but it is indicated the information is available in the City Clerk's Office. Mayor Davila then requested the Council hold this over to the next meet- ing so that the public will have an opportunity to review it. Mr. Newton said the Deed of Trust and Lease have been reviewed by his office, and it does not purport to encumber the City's interest in property but encumbers all right, title and interest of the lessee in the premises. He has found nothing in the Deed of Trust that calls for withholding the City's consent. Provisions of the Lease contemplate financing efforts on the part of the Hospital, and the consent requested is consistent with provisions of the Lease, and he sees no basis for withholding consent on the part of the City. Questions were raised regarding what would happen should there be a default under the Lease. Council Minutes 8/27/85 -7- Mr. Kelley Testolin of McDermott & Trayner, counsel for the Hospital, explained that if there is a, default under the Deed of Trust and someone else takes the collateral, they would have a Lease for the remainder of its term. At the end, the property would revert to the City free and clear of any encumbrance. Mr. Testolin pointed out the Hospital is not extending the Lease, and upon default the terms are still binding. Discussion followed. Mr. David Ray, 7338 Nada, said he went to the Library to review the material on this matter, but it only contained the Agenda memo and Resolution. He questioned if the Hospital bonds fail will it affect the bond rating in the City? He would like two weeks to review this matter, as well as his attorney, and to discuss it with staff.' Mr. Newton said the City is in no way affected by issuance of the bonds. When asked if he would ,have any objection to this matter being delayed for two weeks, Mr. Testolin replied yes because there is a time schedule with regard to marketing of the bonds and a purchaser has been found for the bonds. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack RESOLUTION NO. 4636 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF FRANCINE M. BILLER TO THE LIBRARY ADVISORY BOARD OF COUNCILMANIC DISTRICT FIVE 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, Barb, Davila ABSENT: 1 Council Member: Cormack RESOLUTION NO. 4637 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING A COST -OF -LIVING SALARY ADJUSTMENT AND ADOPTING THE 1985-86 CITY CLERK -TREASURER PAY PLAN The Resolution was read by title only. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack ADMINISTRATIVE REPORTS Sewer Fee - Senior Citizen Refund It was moved by Councilman Santangelo and seconded by Councilwoman Boggs to approve Option 2 for providing 25% sewer fee discount directly via the billing system. (See motion and second withdrawn.) Councilwoman Boggs asked about the cost to administer the refund. Mr. Powell explained if it is combined with the trash rebate program in 1986, there would be no additional cost, but if the refund were processed separately it would cost as much as the refund itself. For Option 2 the administration costs would be considerably less. The motion and second were withdrawn. It was moved by Councilman Santangelo and seconded by Councilwoman Boggs to approve Option 2 for providing 25% (or some other percentage) sewer fee refund and combine it with the trash rebate program beginning in 1986. Council Minutes 8/27/85 -8- �19 Y3 Councilman Barb favors a rebate, but he does not see any benefit to providing $2.00 a year. Mr. Powell mentioned last year the City processed 170 refund checks in the amount of $14.52. AYES: 1 .Council Member: Davila NOES: 3 Council Members: Santangelo, Boggs, Barb ABSENT: 1 Council Member: Cormack Failed. It was moved by Councilman Santangelo and seconded by Councilman Barb to approve the concept of Contract for Dog License Canvassing and approve payments to be made to Mid -Valley Manpower Consortium. Councilman Santangelo feels the contractorshould provide proof of Workers' Compensation and he suggested that SEAACA require proof. It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by the following vote to amend the motion that Mid -Valley Manpower consortium be paid when the City has proof that it has Workers Compensation. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack The original motion, as amended, was then passed by the following vote: AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack It was moved by Councilman Santangelo and seconded by Councilwoman Boggs to authorize the City Manager to execute the Administrative Regulation on Special Event and Circumstances Liability. Councilman Santangelo expressed concern regarding the coverage for recreation and the exposure to a problem involving 'a large sum of money. He feels there should be a requirement for liability coverage. Mr. Powell said this was considered, and he concurrs with the City requiring a $500,000 certificate of insurance for liability from groups regularly using the facilities and requesting City sponsorship. It is felt, however, that such a requirement could put the groups out of business, which could be a bigger problem than the City is trying to solve. Mr. Jarrett said the Christmas Parade Committee and Rose Float Association have provided liability coverage, and the Council's action would not be releasing them of that responsibility. As to the youth sports organi- zations, it has been found that very few insurance organizations are willing to underwrite liability coverage. Mr. Powell pointed out the proposed action would not change anyting but document what is already being done. The requirement for liability insurance has been left up to the discretion of staff. When asked about insurance coverage the City has if a sports participant is injured on a City facility, he said the City provides insurance up to $10 million. Mr. Jarrett also mentioned that all of the adults' sports leagues have accident insurance, and any injuries are handled through that insurance and do not go through the City. Mr. Newton said the existence of medical insurance does not insulate the City from liability if someone wants to file a claim against the City. The City has self-insurance retention up to $500,000 and umbrella coverage up to $10 million. A City's risk of exposure under its recreation program is part of the cost of operating playgrounds and recreation facilities. An amended motion was made by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by the following vote that the insurance need not be liability with the exception of the Downey Christmas Parade Committee and Rose Float Association and any others staff may consider appropriate. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack Council Minutes 8/27/85 -9- The motion, as amended, was then passed by the following vote: AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack It was moved by- Councilman Santangelo and seconded by Councilwoman Boggs to change the procedures so that staff can never out -vote the appointed committee members of the Council on the Traffic Committee. Councilwoman Boggs indicated it is necessary to look at the role and function that each committee plays and whether the general public should be out -voting trained traffic engineers or staff. Councilman Santangelo feels committee members will become frustated if they cannot function as a pure citizens committee, and he does not feel staff should be able to out -vote the committee. Councilman Barb concurred that the purpose of a citizens committee is to give citizens' input. In this instance, the committee is advisory, and he likes to know how staff voted on an item. Also, there are more citizens on this committee than there are staff members. During discussion, Councilman Santangelo said he would prefer the committee to do the voting and staff to make the recommendations. Councilman Barb suggested that the committee members' votes be listed. AYES: 2 Council Members: Santangelo, Davila NOES: 2 Council Members: Boggs, Barb ABSENT: 1 Council Member: Cormack Failed. It was moved by Councilwoman Boggs, seconded by Councilman Barb, and passed by the following vote that the vote on the Traffic Committee be polled in two categories --the results of votes by citizen members and result of votes by staff members. AYES: 4 Council Members ABSENT: 1 Council Member: ORAL COMMUNICATIONS - Staff Members Santangelo, Boggs, Barb, Davila Cormack Mr. Ralph said Supervisor Schabarum's office has inquired regarding the Council's preference on replacement of Councilman Barb on the Cemetery Board. Mr. Brad Gaston has spent considerable time working with the board, and he has been recommended by Councilman Barb. Councilman Barb concurred that Mr. Gaston has been attending the Board meetings. He is willing to step down and let Mr. Gaston serve. It was moved by Councilman Barb, seconded by Councilman Santangelo, and passed by the following vote to authorize Mr. Ralph to send a letter reflect- ing the Council's desire that Brad Gaston be appointed. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Cormack Mr. Davis reported on a request of Our Lady of Perpetual Help Church to use the City Hall lobby area for a reception following a Theatre program on Sunday, December 22, 1985, from 8:30 p.m. to 10:30 p.m. Councilman Santangelo said this will be the beginning of the Churches' 75th anniversary, and the Church is willing to pay for any clean-up involved. He estimated there would be 200-300 people attending. When asked if there would be a conflict, Mr. Newton said once the City opens the forum it is required to make it available to similar organizations making similar requests. It is his understanding this is a social event and would not be the conduct of a religious service, and as a community organiza- tion the Council can allow it. He sees no violation to the First Amendment regarding Government entanglement with religion. Council Minutes 8/27/85 -10- It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by the following vote to allow the Church on the requested date to use the City Hall lobby facility subject to conditions offered. Mr. Davis requested direction from Council for staff to meet with members of the committee to set down some guidelines. The Council concurred. AYES: 4 Council Members: Santangelo, Boggs, Barb, Davila ABSENT: 1 Council Member: Davila Councilman Santangelo requested the City Manager to send a letter as soon as possible so the Church will know this has been approved. ORAL COMMUNICATIONS - Audience Mr. Paul Sarvis, 13603 Barlin, asked if the Ordinance pertaining to publication of Legal Notices will be in place of or in addition to publication in the Press Telegram, and he was told it is in addition to. ORAL COMMUNICATIONS - City Council Councilwoman Boggs commented regarding implementation of the DART program on the Third Floor of City Hall. Councilwoman Boggs has not received a report back on the location of College Hospital drug and alcohol rehabilitation facility in the Diller Retirement Home. She was informed a revocation hearing has been set before the Planning Commission on revocation of the Conditional Use Permit and Variance. It will also be necessary to amend the project's Disposition and Development Agreement. Councilwoman Boggs inquired regarding progress in hiring Code Enforcement Officers. She was informed the deadline has passed for taking applications, and 58 have been received. Testing will begin shortly. Councilwoman Boggs commented on a recent newspaper article regarding the uncertainty of a town's future because no records were kept, and she hopes that is not happening in Downey. Councilwoman Boggs said Bellflower's first City bus service will start in 90 days, and she would like to know what they are doing in Bellflower, plus she is still waiting for the study on Downey. Councilwoman Boggs indicated it is her understanding a Deputy District Attorney will be meeting with Mayor Davila regarding a City Council meeting with Congressman Anderson and field trip to the location of a potential off - ramp on the Long Beach Freeway. Mayor Davila explained that he, Mr. Newton and Mr. Yotsuya, will be meeting with the District Attorney. Councilwoman Boggs rebutted comments made in the letter from the Mayor of South Gate, which she said are false, and questioned whether there is any action Downey could pursue. Also, she understands the complaint involves all Council Members. Mayor Davila mentioned he had refused to meet with the Deputy District Attorney unless the City Attorney was present. Mr. Newton said he intends to discuss the matter with the Deputy District Attorney, and he advised that discussions be left to him, as to legal issues, and to staff that were present, as to factual issues. He believes there is nothing to hide and no reason to not discuss the events with the Deputy Dis- trict Attorney, and upon discussion of allegations made by the Mayor of South Gate the District Attorney's Office should be satisfied that there is no foundation for the allegations. There is no problem with the Mayor and one Council Member being present at that time. Mayor Davila inquired regarding status of the'Cardono project. Mr. Cutts explained everything has been taken care of, and it is his understanding that after some minor details are completed escrow will be closed. Staff will be meeting with Mr. Cardono tomorrow morning. Council Minutes 8/27/85 -11- ADJOURNMENT: 11:22 p.m. The meeting was adjourned to 4:30 p.m., September 10, 1985, in the Council Chamber of Downey City Hall, for closed session on pending and potential litigation and personnel matters. Robert L. Shand, ity Clerk -Treasurer Bob Davila, Mayor Council Minutes 8/27/85 -12-