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HomeMy WebLinkAboutMinutes-02-04-86-Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING FEBRUARY 4, 1986 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Closed session re personnel matters, confidential information, & pending litigation I Presentation of winning Flag Essay by Kevin Morrison 1 Introduction of Chris Waldorf, dist, winner of Elks Hoop Shoot Contest I Proclamations to Mr. & Mrs. Louis Brannies & Mr. Carl Seiler for lighting of their homes during Christmas Holidays 1 Presentation of $5,000 check by Embassy Suites Hotel made out to Downey Theatre from proceeds raised in a benefit I Presentations of proposed City Logo Designs Cont'd. to 2111 1 Res. #4685, Denying CUP #219, 11500 Dolan Av. Adopted 4 Motion to reconsider action on Res. #4685 Failed 4 Hearing on V-149, Vacation of 2nd St. & New St. Cont'd, to 2/11 4 _ Ord. amending Zoning Map (Zone Change #222) - 9838 Tweedy Ln. Introduced 5 Hearing on Code Amendment re Satellite Dish Antennas Cont'd. to 2/25 5 Ord. #811, extending Moratorium on issuance of any Bldg. Permit for Inst. of any Satellite Dish Antennas (Urgency) Adopted 6 Appropriation of Revenue Sharing Funds for Off -Site Imprvmts. around Civic Center Approved 6 Removal of Items from Consent Calendar 6 Minutes, Adj. Reg. Mtg., Jan. 14, 1986 Approved 6 CC #533, Const. of Sidewalks, Pedestrian & Bicycle Improvmts. & Reconst. of Curb Returns Citywide: Locations & specs & grant Pub. Wks. Dept. Auth, to advertise for bids Approved 6 Res. #4686, Apprvg. Prgrm. Suppl. #23 of Downey/State Agmt. #07-5334 for Const. of Street _ Inprovements pursuant to FAU Systems Act Adopted 7 General Warrants #11696 - 12088 Approved 7 - Proposed DIP #717, 718 & 719, Tweedy Ln., W/s Telegraph to Brookpark - Street Imprvmts.: Initiate Chapter 27 proceedings; appropriation of preliminary funds; & dir. Engrg. Div. to implement its findings Approved 7 Res. #4687, Dec. Int. to Vacate Portion of Future Street Ely. from Paramount Bl. known as Bergman Ln. which was not previously accepted for dedication as a public road Adopted; sets hrg. 2/25 7 Investment Policy for Public Funds Approved 7 Page 1 of 3 COUNCIL MINUTES, FEBRUARY 4, 1986 (ADJOURNED) TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #4688, Proposing to Annex into Ltg. Maint. Dist. AD 121 (Annex. 86/01) Puritan from Brookshire Av. Ely. to Cul-de-sac & Laureldale Av. from Puritan St. Sly, to 105 Fwy. R/W Adopted 7 Res. #4689, Apprvg. Engr's. Rpt. (Annex. 86/01 - Puritan St.) Adopted 7 Res. #4690, Decl. Int, to Annex Area into Ltg. Maint. Dist. AD 121 (Annex. 86/01) Adopted; sets hrg. 2/25 7 Res. #4691, Amending Class Spec for Police Aide I Adopted 7 Minutes, Reg. Mtg. of January 14, 1986 Approved as amended 8 1987-91 Transportation Imprvmt. Prgrm. (TIP) - Annual Submittal: Projects to be included Approved 8 1986-87 Budget Calendar Taken off calendar 8 Time Ext. for Moratorium on Const. of Hotels & Motels Hearing set for 2/11 8 Specifications for Graffiti Removal Program Approved 8 Mr. John Gonzalez re distribution of document submitted to City in 12/85 8 Mr. Larry Marks re whether City is receiving its share of taxes on property where County Library building is located Staff to report back 9 Lennie Whittington re announcement after closed session & Council Meeting brochure 9 Proposed Swimming Pool Development: Approve in concept & auth. staff to proceed w/development of formal joint powers agmt. & grant application Approved 9 Mr. Jim Derry re req. for Council to consider memorial to astronauts who lost lives during Approved; staff to take -off of Space Shuttle Challenger work with Rockwell 10 Selection of Rio Hondo Golf Course Professional To be brought back Manager next meetikng 10 Interim Contract for Rio Hondo Golf Pro Manager: Extend for 60 days (from 2/28) Approved 11 Placement of Bus Shelters in Community: Auth. staff to prepare further data for Council to make decisions Approved 12 Ord. amending DMC re Collection of Rubbish Fees Introduced 12 Agmt. for Trash Collection w/Calsan Disposal: Auth, staff to execute Approved 12 Urgency Ordinance re Council Meeting Procedure Cont'd. to next mtg. 12 Resolutions re Executive Management Service & Study session to be Middle Management Service set next meeting 13 CC #SS-399, Gutter Const. - Eglise Av., Florence to Via Amorita & Clancey Av., Sheridell to Vista Del Rio Dr.: Transfer funds & award contract to Nobest Inc. Approved 13 Page 2 of 3 COUNCIL MINUTES, FEBRUARY 4, 1986 (ADJOURNED) TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cn. Cormack to attend retirement dinner for Dr. Manuel Gallegos on 2/12 on behalf of Council Approved 13 John Gonzalez re distribution of 200-pg. documt. 13 John Gonzalez re Code requirement for two television antennas 13 Cn. Boggs re boat storage problem in Dist. 1 13 Cn. Cormack re cities operating without liability Ref. to staff for insurance coverage resolution 13 Mayor Pro Tem Santangelo re exposed pipes on roof at 9318 Downey Av. Ref. to staff 13 Meeting adjourned to 5:00 p.m., Feb. 11, 1986, for closed session 13 Meeting adjourned in memory of Mrs. Eva Stoddart & Rhonda McIntosh Cantacessi 13 Page 3 of 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING FEBRUARY 4, 1986 The City Council of the City of Downey held an adjourned regular meeting at 6:00 p.m., February 4, 1986, in the Council Chamber of the Downey City, Hall, Mayor Pro Tem James S. Santangelo presiding. PRESENT: Council Members: James S. Santangelo Mayor Pro Tem Diane P. Boggs Robert G. Cormack Randall R. Barb Bob Davila Mayor (excused) ALSO PRESENT: Don Davis, City Manager Carl K. Newton, City Attorney James R. Cutts, Director of Community Development Lee Powell, Director of Administrative Services William F. Martin, Police Chief Ronald Irwin, Fire Chief James R. Jarrett, Director of Community Services Captain Pete Stone, Police Department Harald J. Henriksen, City Engineer Scot Yotsuya, Assistant to the City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary Mayor Pro Tem Santangelo announced the Council will be recessing to closed session for the purpose of considering personnel matters, confidential informa- tion, and pending litigation under the provisions of Section 54956.9 - Government Code, as follows: 1. One Subdivision (a) matter - Downey CAREs vs. City of Downey, et al. 2. One Subdivision (b) matter. The meeting was then recessed to p.m. The meeting resumed with Council present; Council Member Davila absent. INVOCATION AND FLAG SALUTE closed session from 6:05 p.m. to 7:15 Members Boggs, Cormack, Barb, Santangelo The Invocation was delivered by Reverend John Wetzel, Christ Lutheran Church. The Flag Salute was led by Kevin Morrison, Flag Essay Winner of the local Elks Club. PRESENTATIONS Mr. Henry Oberndorf commented on the Flag Essay contest that is held each year by the Elks throughout the United States and mentioned Kevin Morrison's essay is a winner of the four local middle schools having approximately 27 contestants. Kevin Morrison read his winning essay. Mr. Oberndorf then introduced Chris Waldorf, district winner of the Elks Hoop Shoot Contest. Mayor Pro Tem Santangelo presented Proclamations to Mr. and Mrs. Louis Brannies and Mr. Carl Seiler for the lighting of their homes during the Christmas holidays. Representatives of the Embassy Suites Hotel in Downey presented a $5,000 check made out to the Downey Theatre from proceeds raised in a benefit. Presentations of proposed City Logo Designs was continued to the meeting of February 11, 1986. Council Minutes 2/4/86 (adj.) _1_ '/' roe ,/ HEARINGS Mayor Pro Tem Santangelo opened the hearing on Appeal to Conditional Use Permit No. 219 for establishment and operation of an alcohol and drug rehabili- tation facility on pPrperty located at 11500 Dolan Avenue. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Barb and so ordered to receive and file the Proof. Mr. Cutts reported on the request to establish a drug and alcohol center in a senior citizen facility located in a H-M Hospital Medical zone, which was denied by the Planning Commission. He also commented on the original approval by the Commission of a State -licensed residential care home for the aged, which included modification to the off-street parking requirements of 28 spaces. This approval also stated the facility shall be for elderly persons who are ambula- tory, not mentally confused patients, and must be 55 years of age or older, and no other uses would be allowed under an agreement signed with the Community Development Commission. The owner of the subject property and College House have entered into a subsequent agreement to establish the drug and alcohol center on the first floor, and College House has filed an application for conditional use permit and zone variance to establish, operate and maintain the rehabilitation enter. College House people feel the facility will be beneficial to the community and that the program will not require intensive care of individuals but a place where people can get treatment in a group -type setting. The two facilities would be maintained separately so as to not mix the two groups of individuals. There is no dispute about the quality of the program but there is a question about the appropriateness of placing this use within a senior citizen facility. Also, the parking is deficient by 17 spaces. If the appeal is granted, it would require an amendment to the Disposition and Develop- ment Agreement with Mr. Diller. Staff and the Commission recommend denial of the request. Mr. Cutts then reviewed a slide presentation on this matter. Mayor Pro Tem Santangelo inquired if the City Clerk had received any correspondence, and the response was no. Mayor Pro Tem Santangelo then asked if there was anyone present to speak in favor of the appeal. Mr. Kent Dunlap, Administrator of College Hospital, 10802 College Place, Cerritos, gave a brief background on College Hospital, which he said created College House and is a nationally recognized psychiatric facility in Cerritos. He also commented on other services provided and noted that College House is based on the model created by the Betty Ford and Glendale Adventist facilities and is a non -medical facility. He went on record saying that a letter from the Department of Social Services to the Community Development Director on March 25, 1985, is evidence the City was aware of their plans to open College House well in advance of the June opening date, but they were never contacted by the City. Out of 124 beds at the senior citizen facility, College House is using only 18 and a small section of one floor. Mr. Dunlap mentioned 15 additional parking spaces will be provided by restriping and renovcating the parking lot. He also pointed out that the individuals in College House are not people experiencing withdrawal from drugs or in need of detox, but it is a low cost program focused on people who are employed. Julie Parkson narrated a display of slide photographs showing the parking lot, offices, and rooms inside the College House facility. She also commented on the screening process of potential residents to the facility. Dr. Joseph Livingston, Program Director for College Hospital, 354-4 Via La Canada, Orange, discussed the screening process which determines who will be suited for the program. He questioned the concern about compatibility of the two facilities and people who reside there and said the people treated in College House are no different than people living in the senior care facility. Also, one of the residents of the retirement home participates in the College House program. Dr. Richard T. Rada, Medical Director of College Hospital and College House, 10802 College Place, Cerritos, commented on his past experience in alcoholism as the County Coordinator for Alcoholism in Sacramento County. He also cited the need for a different type of program to treat people who are productive and working but are slowly becoming involved in the increasing problems of alcoholism. The program is set up for the business community, and there have been referrals from a large number of corporations. Council Minutes 2/4/86 (adj.) -2- Ms. Ruth Moore, President of California Women's Commission on Alcoholism, 19 Bayshore Drive, Belmont Shore, spoke in support of College House as estab- lishing the unique type of treatement which helps the community, family members, and local businesses and meets the needs of individuals who do not require an in -patient hospitalization program. Mr. Dunlap said letters have been received from the Downey Community Hospital emergency room supporting the College House program. He also submitted letters from treatment representatives in support of College House and referred to material submitted in a red binder to the City dated January 28, 1986. Lavina Bates, resident of Downey Retirement Center, said she has never heard any noise or seen anyone from the College House and would be proud to have them as permanent residents. Dr. Judith Truian, a Clinical Psychologist, commented regarding her experience as a Naval Officer working at the Naval Hospital in Long Beach, and discussed the significant changes she sees in people in the community who are drinking and the people who come for treatment. She said the City can be proud to have this program in its community. Garnett Robbins, resident of Downey Retirement Center, questioned why anyone would object to the treatment center being a neighbor. Sharon Foltz, 12030 Downey Avenue, Administrator of Downey Retirement Center, mentioned they are fortunate to have the College House next door and being able to assist in placing one of their residents in the program. She has spoken to each of the residents, and none have expressed concern of the program. There being no one else to speak in favor, Mayor Pro Tem Santangelo asked if anyone wished to speak in opposition. Mr. David Ray, 7338 Nada, indicated he is a Planning Commissioner but is speaking as a private citizen. He cited items of concern and said when College House opened the activity was not allowed per the Disposition and Development Agreement. It is his understanding College House is a good facility and is needed in the community, but he mentioned the residents are given weekend passes during which time they are not monitored. He questioned locating this type of facility in a retirement center and mentioned as a Commissioner he voted no _ because of his concern about the safety and quality of life. Jan Tannyhill, 11919 Pomering Road, said this is an excellent program but would question living next to this type of facility. Mr. John Gonzalez, 12350 Orizaba, is in favor of a facility such as this in the City but not around a senior citizen home. Mr. William Madden, 8411 Galt Drive, said two issues should be considered by the Council in arriving at its decision: Whether the facility of elderly residents was compromised to any degree by the unauthorized introduction of a treatment program of persons chronically ill through alcohol and drug abuse; and whether this was a deliberate act of non-compliance. He also quoted from a five -page letter from by Mr. Dunlap regarding the elaborate screening process of the residents of College House. Mr. Madden said it has been acknowledged a risk exists because of the $20 million of insurance liability coverage, and College House has been viewed as a non -secure facility, which could result in the City being involved in a lawsuit if anyone is injured. There being no one else wishing to speak in opposition, rebuttal time was granted to the applicant. Mr. Dunlap pointed out that people who are screened and determined to be violent are never allowed in College House. Also, anyone returning from a pass is given a laboratory test to determine any presence of drugs, and if drugs are present that person would not be allowed back in the program. He feels the quality of life of residents in the facility has been enhanced and College House would be providing a safer environment for them and assisting in the case of a disaster. Being a medical facility they must carry liability insurance, which is not a statement of expecting liability to occur. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and so ordered to close the hearing. Council Minutes 2/4/86 (adj.) -3- Councilwoman Boggs raised questions regarding the number of patients in the facility; meeting parking requirements; number of employees; location of stair- ways; whether the patients are there voluntarily; and the type of illness patients will be treated for. She also asked about the control the City has over patients that are accepted and was told the legal control is the license for the facility. Councilman Cormack raised questions regarding parking. Councilman Barb made inquiries about the number of staff and their duties, as well as counselling for out -patients. He then raised concern about property use and compatibility and commented on how a large number of visitors can impact a facility. Mr. Dunlap was asked if he would agree to approval of the conditional use permit for one year contingent upon satisfactory performance of the operation, and he replied yes. Councilwoman Boggs feels College House offers a tremendous program needed in the community but expressed her concern about locating this facility in a retirement home. Mayor Pro Tem Santangelo proposed approving this for one year for one year to see if the senior citizen occupancy rate increases. If it does not and there are no problems with operation of College House that the Council review this in a year and make a decision at that time. Mr. Newton stated if approval is proposed then this should be referred back to staff for providing conditions and a resolution of approval. RESOLUTION NO. 4685 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING CONDITIONAL USE PERMIT NO. 219 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. AYES: 3 Council Members: Boggs, Cormack, Barb NOES: 1 Council Member: Santangelo ABSENT: 1 Council Member: Davila It was moved by Councilwoman Boggs and seconded by Mayor Pro Tem Santangelo to reconsider the previous action. AYES: 2 Council Members: Boggs, Santangelo NOES: 2 Council Members: Cormack, Barb ABSENT: 1 Council Member: Davila Failed. Mayor Pro Tem Santangelo opened the hearing on V-149, Vacation of Second Street and New Street, which was continued from the meeting of December 10, 1985. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and so ordered to continue the hearing to 7:30 p.m., February 11, 1986, in the Council Chamber of Downey City Hall. Mayor Pro Tem Santangelo declared a recess from 9:38 p.m. to 9:50 p.m. The meeting resumed with Council Members Boggs, Cormack, Barb, Santangelo present; Council Member Davila absent. Mayor Pro Tem Santangelo opened the hearing on Zone Change Case No. 222, 9838 Tweedy Lane. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Barb, seconded by Councilwoman Boggs, and so ordered to receive and file the Proof. Mr. Cutts reported on the request to change the zone from R1-7500 (single family residential) to R2 (two-family residential), which is consistent with the General Plan land use element. Council Minutes 2/4/86 (adj.) -4- Mayor Pro Tem Santangelo inquired if the City Clerk had received any correspondence, and the response was no. Mayor Pro Tem Santangelo then asked if anyone wished to speak in favor. Mr. John Rice, 9838 Tweedy Lane, said the lot is large and the zone change would enable him to build another home on the property. There being no one else to speak in favor and no one to speak in opposi- tion, it was moved by Councilman Barb, seconded by Councilman Cormack, 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. 905, ZONE CHANGE CASE NO. 222) 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: 3 Council Members: Boggs, Cormack, Barb ABSENT: 1 Council Member: Davila ABSTAIN: 1 Council Member: Santangelo Mayor Pro Tem Santangelo opened the hearing on Amendment to Downey Municipal Code regarding Satellite Dish Antennas. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Barb, seconded by Councilman Cormack, and so ordered to receive and file the Proof. Mayor Pro Tem Santangelo stated that in order to allow time for staff to review recent legislation on satellite dish antennas, the hearing will be con- tinued to the meeting of February 25, 1986. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and so — ordered to continue the hearing to 7:30 p.m., February 25, 1986, in the Council Chamber of Downey City Hall. Mayor Pro Tem Santangelo opened the hearing on Extension to Moratorium on Installation of Satellite Dish Antennas in the City of Downey. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and so ordered to receive and file the Proof. Mr. Cutts explained the Ordinance adopted October 1, 1985, declaring a moratorium on establishment of satellite dish antennas expires on February 1, 1986, and a six-month extension is requested to July 28, 1986. It is anticpated staff will bring an amendment to the Code addressing satellite dish antennas at the February llth meeting, and should the Council adopt an Ordinance, the mora- torium would be repealed at that time. Mayor Pro Tem Santangelo inquired if the City Clerk had received any correspondence, and the response was no. Mayor Pro Tem Santangelo asked if anyone wished to speak in opposition. Mr. Joel Lubin, 7820 Allengrove, expressed his opposition to the moratorium which he feels grants too much time. He also feels some people are being harmed by the moratorium and suggested it be applicable to antennas over 15 feet from the ground, not all antennas. Mr. John Gonzalez, 12350 Orizaba, said he has a permit for a satellite dish antenna, which complies with City requirements. He questioned establishing a moratorium when there is a satellite dish antenna dealer selling antennas to people in the City. Mr. Larry Carrera, 12265 Woodruff Avenue, questioned whether it is legal to extend a moratorium on something the F.C.C. has ruled illegal and whether the Ordinance can be considered an urgency. Council Minutes 2/4/86 (adj.) -5- -2 There being no one else to speak in opposition and no one to speak in favor, it was moved by Councilman Cormack and seconded by Councilwoman Boggs to close the hearing. It was moved by Councilwoman Boggs and seconded by Councilman Cormack to extend the Ordinance 45 days to give staff opportunity to have the Federal mandate studied. Following discussion, the motion was changed to 75 days. ORDINANCE NO. 811 _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY EXTENDING A MORATORIUM ON THE ISSUANCE OF ANY BUILDING PERMIT FOR, OR THE INSTALLATION OF, ANY SATELLITE DISH ANTENNA OR PARABOLIC DISH PENDING ESTABLISHMENT OF ZONING REGULATIONS FOR SUCH DEVICE BY THE CITY; SAID ORDINANCE BEING AN URGENCY ORDINANCE PURSUANT TO SECTION 65858 OF THE GOVERNMENT CODE The Ordinance was read in its entirety. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to dopt. AYES: 4 Council Members: Boggs, Cormack, Barb, Santangelo ABSENT: 1 Council Member: Davila Mayor Pro Tem Santangelo opened the hearing on Appropriation of Revenue Sharing Funds for Off -Site Improvements around the Civic Center. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and so ordered to receive and file the Proof. Mr. Powell explained the appropriation pertains to an award of contract on January 14, 1986, concerning public improvements around Civic Center. The amount of appropriation would be $130,000. Mayor Pro Tem Santangelo inquired if the City Clerk had received any correspondence, and the response was no. There being no one present to speak in opposition or in favor, it was moved by Councilwoman Boggs and seconded by Councilman Cormack to close the hearing. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and passed by the following vote to appropriate $130,000 from the Revenue Sharing Fund for Off -site Improvements around the Civic Center. AYES: 4 Council Members: Boggs, Cormack, Barb, Santangelo ABSENT: 1 Council Member: Davila REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Items VIII-F-3, 1987-91 Transportation Improvement Program (Annual Submittal); and VIII-F-5, 1986-87 Budget Calendar; and VIII-F-7, Specifications for Graffiti Removal Program, were removed at the request of Councilwoman Boggs. Agenda Item VIII-F-6, Moratorium on Hotels and Motels, was removed at the request of Mr. Paul Sarvis and Mrs. Bolado. Agenda Item VIII-A-2, Minutes of Regular Meeting, January 14, 1986, was removed at the request of Mr. David Ray. CONSENT CALENDAR It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Adjourned Rgular Meeting, January 14, 1986. Cash Contract No. 533, Construction of Sidewalks, Pedestrian and Bicycle Improvements and Reconstruction of Curb Returns Citywide: Locations and specifications and grant Public Works Department authority to advertise for bids. Council Minutes 2/4/86 (adj.) -6- ��'z� RESOLUTION NO. 4686 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. 23 OF THE CITY OF DOWNEY/STATE AGREEMENT NO. 07-5334 FOR THE CONSTRUCTION OF STREET IMPROVEMENTS PURSUANT TO THE FEDERAL AID FOR URBAN SYSTEMS ACT General Warrants: #11696 - 12088, $2,406,861.73. Proposed Downey Improvement Project Nos. 717, 718 and 719, Tweedy Lane West side from Telegraph Road to Brookpark Road - Street Improvements: Initiate Chapter 27 proceedings in accordance with the Streets and Highways Code of the State of California (1911 Act) on Tweedy Lane, west side, between Brookpark Road and Telegraph Road; appropriation of preliminary — funds; and direct the Engineering Division to implement its findings. RESOLUTION NO. 4687 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO VACATE THE PORTION OF THE FUTURE STREET EASTERLY FROM PARAMOUNT BOULEVARD KNOWN AS BERGMAN LANE WHICH WAS NOT PREVIOUSLY ACCEPTED FOR DEDICATION AS A PUBLIC ROAD (sets the hearing for February 25, 1986) Investment Policy for Public Funds. RESOLUTION NO. 4688 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 LANDSAPING AND LIGHTING ACT OF 1972 (ANNEXATION 86/01) PURITAN STREET FROM BROOKSHIRE AVENUE EASTERLY TO THE CUL-DE-SAC AND LAURELDALE AVENUE FROM PURITAN STREET SOUTHERLY TO THE 105 FREEWAY RIGHT-OF-WAY RESOLUTION NO. 4689 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE ENGINEER'S REPORT FOR THE ADDTION TO LIGHTING MAINTENANCE DISTRICT A.D. 121 OF ANNEXATION 86/01 - PURITAN STREET FROM BROOKSHIRE AVENUE EASTERLY TO THE CUL-DE-SAC AND LAURELDALE AVENUE FROM PURITAN STREET SOUTHERLY TO THE 105 FREEWAY RIGHT-OF-WAY RESOLUTION NO. 4690 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES (ANNEXATION 86/01 - PURITAN STREET FROM BROOKSHIRE AVENUE EASTERLY TO THE CUL-DE-SAC AND LAURELDALE AVENUE FROM PURITAN STREET SOUTHERLY TO THE 105 FREEWAY RIGHT-OF-WAY) (sets the hearing for February 25, 1986) RESOLUTION NO. 4691 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CLASS SPECIFICATION FOR POLICE AIDE I — AYES: 4 Council Members: Boggs, Cormack, Barb, Santangelo ABSENT: 1 Council Member: Davila Minutes, Regular Meeting of January 14, 1986 Mr. David Ray, 7338 Nada, found fault with accuracy of the Minutes where Mr. Whittington addressed the Council during the latter Oral Communications portion of the meeting prior to adjournment. Council Minutes 2/4/86 (adj.) -7- Councilwoman Boggs requested an addition to the Minutes, Page 2, under Selection of Golf Pro Manager - Rio Hondo Golf Course, to show that she requested the matter be continued because the Council had just received their copies that afternoon. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and so ordered to approve the Minutes as amended. 1987-91 Transportation Improvement Program (T.I.P.) - Annual Submittal Councilwoman Boggs commented on her previous suggestion to do landscaping and irrigation of median islands on Lakewood Boulevard at the City entrances on both ends of Lakewood Boulevard and then the central areas, rather than starting at the northern boundary. She said each time the funds are reviewed she will bring her proposal to the Council. It was then moved by Councilwoman Boggs, seconded by Councilman Cormack, and so ordered to approve projects to be included in the T.I.P. for 1987-91. 1986-87 Budget Calendar Councilwoman Boggs would like to become involved in the Budget earlier in the process and asked that staff come back with another procedure so the Council can become more involved as the Budget is being assembled. Councilman Cormack requested the dates be set on Mondays through Thursdays. Mayor Pro Tem Santangelo stated he is only available on Wednesday evenings until 5:30. It was so ordered to take this off the calendar. Time Extension for Moratorium on Construction of Hotels and Motels Mr. Paul Sarvis inquired regarding the recommended action on this matter, and the response was to set a hearing. It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by the following vote to set a hearing on Extension of the Moratorium for 7:30 p.m., February 11, 1986, in the Council Chamber of Downey City Hall. Mrs. Zenaida Bolado, 9438 Firestone Boulevard, requested the Council to remove the moratorium because of possible foreclosure of her property. AYES: 3 Council Members: Boggs, Cormack, Barb ABSENT: 1 Council Member: Davila ABSTAIN: 1 Council Member: Santangelo Specifications for Graffiti Removal Program Councilwoman Boggs asked if staff has recognized an area in the City with the most significant amount of graffiti. Mr. Cutts said staff has discussed an informal survey of where the proli- feration of graffiti seems to occur, which is District One, and recommends doing this in the order of areas 1, 2, 3, and 4. Councilwoman Boggs requested this be added to the report and moved to approve specifications for Graffiti Removal Service. The motion was seconded by Councilman Cormack and passed by the following vote: AYES: 4 Council Members: Boggs, Cormack, Barb, Santangelo ABSENT: 1 Council Member: Davila ORAL COMMUNICATIONS - Items not on Agenda Mr John Gonzalez, 12350 Orizaba, expresed his respect for the Downey Police Department and commented on not being able to obtain information from the City unless a request is submitted in writing. He then questioned distribution of a document submitted to the City in December 1985, which was to be transmitted to the Mayor, City Attorney and Police Chief and said to date the Chief has not received a copy. Council Minutes 2/4/86 (adj.) -8- Mr. Larry Marks, 7808 Borson, referred to his previous inquiry during the hearing on SP-85-1, Rancho Los Amigos Property, regarding whether the City is receiving its share of taxes on property where the County Library Building is located. He said the property was leased to a private contractor who construc- ted the building and then leased it back to the County. He questioned whether this can be done with the other 160 acres the County is proposing to develop. Mr. Newton explained some, but not all, information has been received from the County. This is a financing transaction, and staff would have to look at the documents. It is his understanding it is a common method of financing that is engaged in by public agencies all over the State, and it vests title in a private property owner for a period of time similar to a non-profit corporaton. Mr. Cutts said staff has had several meetings with the County but further information is needed regarding the County Library. Mayor Pro Tem Santangelo informed Mr. Marks the Council will have an answer by the next meeting and more direction from the City Attorney as to what steps can be taken to facilitate this matter. Mr. Mike Maniconi, 10400 Gaybrook, explained that a gentleman leased the building to the County through a legitimate lease -back operation. There is no property tax involved because it is a government use. Mr. Lennie Whittington, 8542 Manatee, asked if there was an announcement after the closed session and he was told there was no announcement required. He then discussed a City brochure on what takes place at Council Meetings and requested a review of what can be discussed in closed sessions. ADMINISTRATIVE REPORTS Proposed Swimming Pool Development Mr. Jarrett said the Swimming Pool Committee has conducted meetings to discuss this issue, which include a $500,000 State grant the City did receive; design criteria; construction financing; site selection; funding of ongoing maintenance operation; and a cooperative City -School use schedule. Mid -March is the deadline for submitting a preliminary grant application to the State, and the final application is required to have State approval by July 1st. The pro- —_ ject would also include a $200,000 appropriation by the School District and City; a commitment has been received by a local citizens group interested in donating $100,000; and the total project cost would be approximately $1 million. It is suggested the pool be constructed at Downey High School in the area currently occupied by the junior varsity baseball diamond, and be developed into a joint powers agreement between the City and School District and jointly operated by both agencies. Councilman Barb asked the Council to move forward with the concept, noting if the grant funds are not used in this community they will be used in another. Councilwoman Boggs expressed concern to the concept saying it may require some capital outlays to complete the project, and there would be a minimum commitment of $90,000 per year from the City for maintenance. She 'is not will- ing to cut the Community Services budget $90,OOO a year to facilitate the pool. Mr. Jim Derry, 7845 Fourth Street, Chairman of the Ad Hoc Committee, said the committee is also concerned with outlay of capital that is ongoing to the City. It is recommended the Council approve the concept so that the committee can review other options, and approval would not mean the City is locked in to the project or any outlay of capital at this point in time. Mr. William Greene, 7908 Eighth Street, former member of the City Council and Reeration & Community Services Commission, said having worked on this matter there was a problem on how the City and School District would divide the time on use of the pool, and he also questioned where the baseball diamond would be located. He was told this is all being considered by the committee. Mr. John Gonzalez, 12350 Orizaba, favored the swimming pool project for use by school children as a deterrent against alcohol, drugs, and crime in the City. Mr. Ron Kolar, 9580 Gallatin Road, said this is an opportunity for Downey to do something badly needed, citizens are willing to donate $100,000 for the project. He commented on the inadequate and dangerous condition of the current pool and urged approval of the conceptual proposal submitted. Council Minutes 2/4/86 (adj.) -9- Mr. Bill Sexton, 8212 La Granada Circle, La Palma, said the tentative plan is to move the present freshman baseball field 150 yards east. He commented on the inadequacies of the current pool and said a new pool would be an asset to the community. Susan Brown, 7945 Third Street, representative of Downey Dolphins Swim Club and Warren High School swim and water polo teams, feels a new pool would add youngsters to competitive swimming and provide adequate meet and training facilities. _ Mr. David Ray, 7338 Nada, suggested sending a card with the water bill asking Downey taxpayers whether they would approve an outlay of expenditures to build a pool. It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by the following vote to approve in concept the proposed swimming pool project development and authorize staff to proceed with developmnt of formal Joint Powers Agreement and Grant Application. Councilwoman Boggs does not feel the general population of community would get 50 percent use of the pool, and it would not be proper to accept half of the financial obligation forever. Mayor Pro Tem Santangelo would like the committee to continue on this matter, but he voiced concern about whether the City has funds to participate and where funds will come from to pay for maintenance of the pool. AYES: 3 Council Members: Cormack, Barb, Santangelo NOES: 1 Council Member: Boggs ABSENT: 1 Council Member: Davila Mr Jim Derry said the Recreation & Community Services Commission met prior to the Council Meeting and unanimously adopted a motion requesting the Council to consider a memorial to the astronauts who lost their lives during take off of the Space Shuttle Challenger and encouraged Council to direct staff to come up with a suitable memorial. It was moved by Councilman Barb and seconded by Councilman Cormack to approve as requested. Staff was directed to work with Rockwell on a joint project. A location suggested was the grassy knoll on the north side of Civic Center Drive. Selection of Rio Hondo Golf Course Professional Manager Mr. Jarrett reported on selection of two applicants who submitted proposals for the contract: Bruce MacDonald, who has been managing the Golf Course for the past seven months; and Bob Boughner, who has 17 years of golf course manage- ment experience. Staff believes either candidate can do a good job. It was moved by Councilman Barb and seconded by Councilman Cormack to award an agreememt to Mr. Bruce MacDonald for a three-year period beginning March 1, 1986, through February 28, 1989, according to terms and conditions as provided in the agreement. Councilwoman Boggs said three years experience is required for maintaining the Golf Course and feels it should be the same for management. She favors hiring someone with 17 years experience as manager of a golf course. _ Mayor Pro Tem Santangelo concurred regarding a candidate's years of experience and indicated he will be voting for Mr. Boughner. Mr. Jim Derry commented on the achievement of Mr. MacDonald in turning the Golf Course operation around since assuming the management duties. He feels Mr. MacDonald has proven himself and recommended he be awarded the contract. Mr. Mike Maniconi, 10400 Gaybrook, noted that Mr. MacDonald has not only managed the Golf Course for the past seven months but has participated in the management for the past eight -to -ten years. Councilman Cormack said from the feedback he has received, no one has done such an outstanding job as the present manager. Council Minutes 2/4/86 (adj.) -10- Mr. Floyd Risley, 7938 Phlox Street, feels Bruce MacDonald has done an excellent job and has made the pro shop pay off for the City. Ms. Merle Davis, 18621 Centennial, Hisperia, has known Mr. Boughner for a number of years and commented on his talent as a golfer and golf course manager. She also noted his innovative way of renovating greens and of his accomplishment in turning her golf course in Nevada into a money -making operation. Jennifer Jones said she has worked at Rio Hondo Golf Course as assistant golf professional for 11 months and feels Mr. MacDonald is a very good manager, golf professional, and teacher and works well with the people. Mr. John Gonzalez, 12350 Orizaba, admitted he knows nothing about golf but feels Mr. MacDonald is very well liked and knowledgable and can promote the Golf Course. Mr. Andreeson, 11319 Hercules Street, Norwalk, Past President of Rio Hondo Men's Club, said Mr. MacDonald has proven he can run the Golf Course for the City. He urged the Council to make a decision this evening. Mr. Nick Steele, 11015 Stilwell Drive, Lynwood, said Mr. MacDonald has done an excellent job as the pro and assistant pro. Mr. Hollis Stewart, 10503 Haledon Avenue, mentioned as a former manager of the Golf Course for five years and assisting in the overall operation, he recommended the Council consider returning Bruce MacDonald as golf professional at the Rio Hondo Country Club. Mr. Bob Boughner, 16164 Tawney Ridge, Victorville, said he has been popular with the clubs he has been associated with and has a large following. He feels that under his management of the Golf Course he can increase the revenue sub- stantially more than what they are at this time, which he has the experience to do. He then commented on his management of the Los Alamitos Golf Course during which time the revenue was increased, and he estimated the revenue the pro shop at Rio Hondo should bring in annually. Mr. Boughner explained the reason he is no longer at the Los Alamitos Golf Course is because the course was sold to Hollywood Park, who brought in their own .people and leased the facility out, which was beyond his control. He then responded to questions of Councilman Barb regarding his tax return from 1984 which includes inventory. Mr. Bruce MacDonald, 13631 Trumball, Whittier, said he is the current resi- dent professional and manager at the Rio Hondo Country Club for the past seven months and has done the best he can for the City. He pointed out that with the interim program he could not do things he would have liked and could not carry a lot of inventory during the best month of the year at Christmas. Since then he has added more inventory to the amount of $55,000 to the pro shop and indicated he has no problem financially and is prepared to put $100,000 in the shop. AYES: 2 Council Members: Cormack, Barb NOES: 2 Council Members: Boggs, Santangelo ABSENT: 1 Council Member: Davila A tie vote is no action. To be brought back at the next meeting. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to extend the interim contract for Rio Hondo Golf Professional -Manager for 60 days. AYES: 4 Council Members: Boggs, Cormack, Barb, Santangelo ABSENT: 1 Council Member: Davila Mr. Derry asked that this item be moved forward on the Agenda at the net meeting. It was noted that extension of the interim contract will begin on February 28th, which is the expiration date. Mayor Pro Tem Santangelo declared a recess from 11:55 p.m. to 12:03 p.m. The meeting resumed with Council Members, Boggs, Cormack, Barb, Santangelo present; Council Member Davila absent. Mrs. Lynn Fisher, 10226 Hopeland, representing Keep Downey Beautiful Committee and Health & Santitation Committee, requested the Council to consider placement of bus shelters in the community. She noted the busiest bus stop in Council Minutes 2/4/86 (adj.) -11- Downey in District 4 averages 170 boardings every day, and the average ridership of the 20 busiest stops is 92 boardings a day. Dr. Gary McCaughan oulined the three alternatives submitted for bus shelters, noting there is a problem with Prop A Funds in that some funds must be spent within a certain period of time: (1) A contractor providing the shelters and necessary insurance and that approved advertisements could be placed on the shelters with the City receiving a percentage of the advertising; (2) the City could purchase and maintain the shelters with Prop A funds and have advertisements on them; or (3) the City purchase the shelters and sell the advertisements. He then narrated a slide presentation of shelters in surround- ing communities. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and passed by the following vote to proceed on the assumption the City will be getting bus shelters and that staff prepare further data so the Council can make some decisions. AYES: 4 Council Members ABSENT: 1 Council Member: nRnTNANrFC Boggs, Cormack, Barb, Santangelo Davila ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 7300 OF CHAPTER 3, ARTICLE VII, AND ADDING SECTION 5221 TO CHAPTER 2, ARTICLE V OF THE DOWNEY DOWNEY MUNICIPAL CODE RELATING TO COLLECTION OF RUBBISH FEES The Ordinance as read by title only. It as moved by Councilman Cormack, seconded by Councilman Barb, and passed by the following vote to waive further reading and to introduce. Councilwoman Boggs questioned when it is anticipated the fees will be lowered and said she will wait until the next meeting for the answer. Mr. Lennie Whittington, 8542 Manatee, said trash bills are billed quarterly in advance, and he asked when they are included on the water bill whether the billing will be on the cycle of the water bills, billed after trash service has been performed, or billed in advance. Mr. Powell replied there would be a phase -in period, and the City would bill according to the dates on the water bill. AYES: 4 Council Members: Boggs, Cormack, Barb, Santangelo ABSENT: 1 Council Member: Santangelo It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by the following vote to approve an agreement for trash collection with Calsan Disposal and authorize staff to execute. AYES: 4 Council Members: Boggs, Cormack, Barb, Santangelo ABSENT: 1 Council Member: Santangelo Urgency Ordinance relating to Council Meeting Procedure Councilman Barb asked that this matter be continued and that staff provide the Council with specific rules, background, and alternatives. Mrs. Betty Kenley, President of the League of Women Voters, said she sent a letter requesting to be heard on this matter. She was told this will be dis- cussed at the next meeting. Mr. Mike Maniconi, 10400 Gaybrook, objected to people not being allowed to speak to this matter. Eleanor Lindenfeld, 8846 Manzanar, questioned why the Ordinance was labeled as an urgency but now it is not. By the following vote the Council continued the Ordinance to the next meeting: AYES: 4 Council Members: Boggs, Cormack, Barb, Santangelo ABSENT: 1 Council Member: Davila Council Minutes 2/4/86 (adj.) -12- RESOLUTIONS Resolutions pertaining to Executive Management Service and Middle Management Service Councilman Barb would like to see information regarding the survey and a manning chart with appropriate salaries for the entire City. Councilwoman Boggs requested a study session on the Management Plan. The time for the study session will be set at the next meeting. ADMINISTRATIVE REPORTS It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to authorize a transfer of funds in the amount of $5,000 from Account No. 26-16398 to 26-16399 for use on Cash Contract No. SS-399, Gutter Construction - Eglise Avenue, Florence Avenue to Via Amorita Avenue and Clancey Avenue, Sheridell Avenue to Vista Del Rio Drive; and award a unit price contract for the basic bid totaling $30,963.50 to Nobest Incorporated. AYES: 4 Council Members ABSENT: 1 Council Member: ORAL COMMUNICATIONS - Staff Members Boggs, Cormack, Barb, Santangelo Davila Mayor Pro Tem Santangelo said it is requested the Council appoint a representative to attend the retirement dinner of Dr. Manuel Gallegos on February 12th. It was so ordered to have Councilman Cormack attend. ORAL COMMUNICATIONS - Audience Mr. John Gonzalez, 12350 Orizaba, questioned distribution of a 200-page document submitted to the Secretary of the City Clerk, which was to be given to Mayor Davila, and said he will bring this up again next meeting. Mr. Gonzalez mentioned he has asked the Director of Community Development to show him the Code section requiring a permit for two television receiving antennas. He was told to contact Mr. Cutts on this matter. ORAL COMMUNICATIONS - City Council Councilwoman Boggs commented on a letter from a constituent in her dis- trict regarding a boat storage problem. She feels the Code is right and needs to be adhered to, and she anticipates having more problems in her district because people have purchased vehicles they are storing illegally according to the Code because they do not have wide enough lots. She requested a delay until the boat storage problem is worked out. Councilman Cormack commented on his attendance at a Liability Crisis Meeting and was alarmed to find out how many cities were operating without any liability insurance coverage. He suggested sending individual letters and a resolution of the Council to State Legislators and starting a campaign to get people registered so they can vote on this issue. Staff was asked to bring back a resolution. Mayor Pro Tem Santangelo mentioned he had requested information regarding 9318 Downey Avenue that has exposed pipes on the roof. Referred to staff. ADJOURNMENT: 12:48 a.m. The meeting was adjourned to 5:00 p.m., February 11, 1986, in the Council Chamber of Downey City Hall, for recess to closed session. The meeting was also adjourned in memory of Mrs. Eva Stoddart and Rhonda McIntosh Cantacessi. :6_P_ Robert L. Shand, City Clerk -Treasurer James -: Santangelo, yor Pro 'gym Council Minutes 2/4/86 (adj.) -13-