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HomeMy WebLinkAboutMinutes-05-13-86-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 13, 1986 TABLE OF MINUTE ACTIONS SUBJECT Proclamation recognizing Faith Temple as honoree at 21st Annual Older -Americans Recognition Day on May 31, 1986 Proclamation re May 18-24 as Public Works Week ACTION PAGE NO. 1 1 Res. #4741, Revoking Zone Variance #202 - College House (90 days) Adopted 3 Res. #4742, Revoking Conditional Use Permit #133 - College House (90 days) Adopted 3 Code Amendment re Satellite Dish Antennas Hrg. cont'd. to 5/27 4 Ord. #821, re Amended Building Regulations Adopted 4 Res. #4743, Ord. Annex. into Ltg. Maint. Dist. AD 121 (Annex. 86/05 - Irwingrove Dr.) Adopted 4 Res. #4744, Ord. Annex. into Ltg. Maint. Dist. AD 121 (Annex. 86/06 - Elm Vista Dr.) Adopted 5 DIP #717, W/s Tweedy Lane from Brookpark Rd. to Blandwood Rd. Hrg. cont'd. to 6/10 5 DIP #718, W/s Tweedy Ln. from Blandwood Rd. to;; Vista Del Rosa, & DIP #719, W/sTweedy Ln. from Birchcrest Rd. to Telegraph Rd. Hrg. cont'd. to 6/10 5 DIP #720, N/s Elm Vista Dr. E/o Bellflower Bl.: Auth. Engr. Div. to proceed under Chapter 27 of Sts. & Hwys. Code & advertise for bids Approved 6 DIP ,#721, S/s Elm Vista Dr. E/o Bellflowr Bl.: Auth. Engr. Div, to proceed under Chapter 27 of Sts. & Hwys. Code & advertise for bids Approved 6 Roy Paul re abstention vote by Mayor on College House 7 Minutes: Spec. Called Mtg., April 21, 1986; Adj. & Reg. Mtgs., April 22, 1986 Approved 7 Rejection of Legal Claims: Ref. #559 - Lincoln; Ref. #793 - Liberty Mutual; & Ref. #794, Pierini Rejected 7 CC #SS-402, Downey Sanford Bridge Rd. Storm Drain bet. Florence/Lubec: Auth, staff to negotiate final agreement for design Approved 7 CC #538, Tree Trimming - Various Locations: Award to Travers Tree Service Approved 7 CC #537, Fire Station #2, 9556 Imperial Hwy.: Plans, specs & grant auth, to adv. for bids Approved 7 General Warrants: #14425 - 15021 Approved 7 Redevelopment Art Contest - Award Ceremony: Temporary closure of southbound lanes of Downey Av. bet. Second & Firestone Approved 7 Workers' Comp. Claims Adm. - Contract Renewal w/Colen & Lee for FY 1986-87 w/increase in monthly service fee Approved 7 Page 1 of 3 COUNCIL MINUTES, MAY 13, 1986 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT Res. #4745, Proposing to Annex into Ltg. Maint. Dist. AD 121 (Annex. 86/08, Stoakes Av.) Res. #4746, Apprvg. Engr's. Rpt. (Annex. 86/08) Res. #4747, Decl. Int. to Annex. (Annex. 86/08) CC #SS-382 (FAU), Brookshire Av. - Firestone Bl. to Cherokee Dr.: Program Suppl. #25 Res. #4748, Apprvg. Suppl. #25 to City/State Agmt. #07-5334 for Const, of Street Imprvmts. re FAU Systems Act Res. #4749, Apprvg. Final Subdiv. Map #17189 (11923 Rives Av.) Res. #4750, Adopting Conflict of Interest Codes & Rescind Res. #4566 Res. #4751, Adopting Addendum to MOU bet. City & Downey Firemen's Assn. Ord. #819, re Room Tax Ord. #820, re Charitable Solicitations, incl. Telephone Solicitations Ord. apprvg. Form & Auth. execution of First Amndmt. to Facility Lease bet. City & Civic Center Corp. Res. #4752, apprvg. Prep. & Distr. of Prelim. Official Stmt. & Apptg. Spec. Legal Counsel & Underwriter re Refinancing - Civic Center Ord. re Hotels & Motels Ord. re Truck Parking Regulations CC #SS-399 - Gutter Const., Eglise Av. - Florence to Via Amorita & Clancey - Sheridell to Vista Del Rio: Extra Work & accept imprvmts. CC #532, Fire Station #4 - 9349 Florence Av., Driveway & Parking Area Reconst.: Accept imprvmts., extra work & auth. expenditure Downey's 30th Anniversary Celebration - Proposed Budget & Program Senior Citizen Bus Pass Rebates 1986-87 Budget - Scheduling of Workshops Permissive CUP #4, 10403 Sherry Av. & Vacant Lot behind 7214 Florence Av. Cn. Boggs request revision in garage sale limit of one per year Cn. Boggs re Toy Loan Program at Golden Park Cn. Boggs re Monkey List Cn. Boggs re request of Rose Float Assn. for financial assistance ACTION PAGE NO. Adopted 7 Adopted 7 Adopted; sets hrg. 6/10 7 Approved 7 Adopted 8 Adopted 8 Adopted 8 Adopted 8 Adopted 8 Adopted 8 Introduced 8 Adopted 9 Introduced 9 Introduced as amended 91 Approved 10 Approved 10 Approved 10 Staff to bring back rpt. 1st mtg. in June 10 Three set in June 11 Hearing set 6/10 11 11 11 11 Staff to come back with report 11 Page 2 of 3 COUNCIL MINUTES, MAY 13, 1986 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT Cn. Santangelo re uniformed officers at Candidates' Night Cn. Cormack objected to requirement of conditions for approval of imprvmts, to ppty. Cn. Cormack re request of ICA for donation at annual seminar Cn. Barb re send info to ICA re Council's previous position on distribution of tax funds Council Reorgnization Meeting Mayor Davila complimented Open House at Fire Dept. Meeting adjourhned to 6:45 p.m., May 27, 1986 ACTION PAGE NO. 11 12 12 12 Set for 7/1, 7:30 pm 12 12 12 . Page 3 of 3 C�a3 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 13, 1986 The City Council of the City of Downey held a regular meeting at 7:47 p.m., May 13, 1986, in the Council Chamber of the Downey City Hall, Mayor Bob Davila presiding. PRESENT: Council Members: Bob Davila Mayor James S. Santangelo Mayor Pro Tem Diane P. Boggs Robert G. Cormack Randall R. Barb ALSO PRESENT: Don Davis, City Manager Carl K. Newton, City Attorney Robert L. Shand, City Clerk -Treasurer James R. Cutts, Director of Community Development Ronald Irwin, Fire Chief James R. Jarrett, Director of Community Services William F. Martin, Police Chief Lee Powell, Director of Administrative Services William A. Ralph, Director of Public Works Harald J. Henriksen, City Engineer William Makshanoff, Building Official Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend Gary Swearingen, First Christian Church. The Flag Salute was led by Mr. Scott Temple, former Mayor and Council Member. PRESENTATIONS Mayor Davila recognized former Council Member Walt Temple, Member of the Downey School Board. With the assistance of Mayor Davila, Mr. Scott Temple presented a Proclama- tion to his wife, Faith, recognizing her as Downey's honoree at the 21st Annual Older Americans Recognition Day on May 31, 1986. Mayor Davila recognized Mr. and Mrs. Roger Temple, Deputy Superintendent of the Garr District; retired Judge Leon Emerson and his wife, Lee; and Mr. Reny Paul, former Councilman of Bell Gardens. Mayor Davila presented to Mr. Bill Ralph a Proclamation recognizing May 18- 24 as Public Works Week. HEARINGS Mayor Davila opened the hearing on Appeal to Zone Variance No. 202 and Conditional Use Permit No. 133, 11500 Dolan Avenue - College House. He asked if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and so ordered to receive and file the Proof. Mr. Cutts explained the subject action pertains to revocation of a condi- tional use permit of a senior citizen retirement facility due to the subsequent operation of College House in the same facility. The Council previously denied the use, and a revocation hearing was held before the Planning Commission, with the Commission approving the revocation and allowing College 12 months in which to remove themselves from the premises. Mayor Davila inquired if the City Clerk had received any correspondence, and the response was no. The applicant was asked to come forward and present his case. Council Minutes 5/13/86 -1- Mr. Frank Gasdia, 10243 Paramount Boulevard, attorney representing College House, a tenant, and Brookshire Partners, owner of the premises, expressed his pleasure of the Planning Commission's decision to allow College House twelve months to remain on the premises, and noted that if they do not remove them- selves within that period of time the conditional use permit for the senior citizen project would automatically be revoked. He hopes the Council will follow with the action of the Planning Commission. Mr. Michael Rosenberg, 5371 Wilshire Boulevard, representing Brookshire Partners, commented on their attempt to comply with the various processes involved, and he concurred with the Planning Commission's action. He also noted the comments of various members of the community stating that College House should remain in the City. Mr. Rosenberg requested enough time to allow College House to locate another facility in Downey. Mr. Kent Dunlap, Administrator of College Hospital, owner and operator of College House, 10802 College Place, Cerritos, said they are moving ahead with relocation of College House and have obtained the full-time services of a real estate broker, who has been looking into the prospects to relocate College House. He reviewed the history of what has transpired regarding the location of College House in Downey and of the subsequent hearings and action by the Plan- ning Commission and City Council. Mr. Dunlap distributed to the Council copies of a relocation plan covering a 6-12 month period, which includes time to locate property and negotiate its sale or lease. He also noted the possible impact on current patients now in the program. An indemnity agreement has been prepared indemnifying the City against any kind of problem that would occur as a result of College House being in the present location for the one year, and he encouraged the Council to uphold the decision of the Planning Commission for one year, during which time College House will relocate. Mr. Benjamin Lockman, 8141 East Second Street, executive offices of College Hospital, said they are doing everything possible to find a suitable location to move College House and have made offers on various properties in Downey. Mr. Gasdia explained College House acquired its license and leased the facility without any knowledge there would be problems later, and has attempted to comply with the requirements of the City. College House realizes it must vacate the premises but requests sufficient time to stay in business while locating another facility. Mr. Gasdia handed out excerpts from Minutes of the Planning Commission and read into the record comments made by Commissioners Verderber, Lambros, and Emerson, who favored the 12-month revocation period. He requested College House be allowed to maintain the facility as long as possible and that the appeal be overruled. There being no one else present to speak in favor, Mayor Davila asked if anyone wished to speak in opposition. Mr. William Madden, 8411 Galt Drive, called attention to three Sections of the Downey Municipal Code concerning compliance of conditions, enforcement by the City Planner, and revocation upon certain findings. He feels College House should have investigated the restrictions and permissive uses before locating in the facility. Compliance should be enforced so as to not create an inconvenience to the elderly residents. There being no one else to speak in opposition, rebuttal time was granted to Mr. Gasdia, who requested the revocation be accompanied by a condition that the revocation not be effective if College House is out within one year, which would leave the conditional use permit in effect. He has talked to the City Attorney, whose legal opinion on this matter is 90 days. It is Mr. Gasdia's conservative legal opinion the Council can give one year. It was moved by Councilman Santangelo, seconded by Councilman Barb, and so ordered to close the hearing. It was moved by Councilman Santangelo to approve the Exhibit B Resolution relative to the revocation allowing College House until May 2, 1987, to move from the premises. The motion died for lack of a second. It was moved by Councilman Barb and seconded by Councilman Cormack to approve the Resolution of Revocation but inserting 60 days. Councilman Santangelo favored giving College House a reasonable period of time in which to find other premises. He sees the proposed action as government Council Minutes 5/13/86 -2- 7lgR 5 not willing to cooperate with a program that should be applauded, plus imposing an impossible period of time. Councilwoman Boggs noted the issue is a violation of an agreement between the City and Brookshire Partners and a conditional use permit, and that the City has no choice but to revoke the permit. She believes College House is of benefit to the City and feels they deserve a more realistic time. An amended motion was made by Councilwoman Boggs and seconded by Councilman Cormack to change Item 3, the effective date of revocation, to 180 days from tonight. Councilman Cormack said this is as an emotional issue, and College House is aware it does not belong at the location. He hopes nothing is done to hurt the senior citizens at the facility. Mr. Newton was asked about his opinion of 90 days being a reasonable period of time, and he replied that as much as the outside period of 90 days could be granted for the purpose of the holder of the conditional use permit and variance to comply with requirements. He also responded to a question regarding the effect of the indemnity agreement offered by College House and expressed concern that granting anything over 90 days could be construed as a grant of the condi- tional use permit previously denied and the granting of a right to violate the law, Which the Council does not have the power to grant. Councilman Barb commented on the need for rehabilitation programs in communities and feels that rehabilitation and retirement centers should not be located in the same facility. It was moved by Councilman Cormack, seconded by Councilman Barb, and passed by the following vote to amend the amendment by inserting 90 days in place of 180 days. Mr. Newton clarified that the Resolution would then be modified by inserting the date of August llth in Section 2 in two places and in one place in Section 3. AYES: 3 Council Members: Boggs, Cormack, Barb NOES: 1 Council Member: Santangelo ABSTAIN: 1 Council Member: Davila Mr. Newton said that action would supersede the first amendment because it would dispose of the same issue. He then asked the maker and second of the motion to consider the addition of language in Section 4 of the Planning Commission resolution requiring the indemnity agreement to cover the 90 day period, and they both agreed. RESOLUTION NO. 4741 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REVOKING ZONE VARIANCE NO. 202 The Resolution was read by title only. It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by the following vote to waive further reading and to adopt. AYES: 3 Council Members: Boggs, Cormack, Barb NOES: 1 Council Member: Santangelo ABSTAIN: 1 Council Member: Davila RESOLUTION NO. 4742 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REVOKING CONDITIONAL USE PERMIT NO. 133 The Resolution was read by title only. It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by the following vote to waive further reading and to adopt. AYES: 3 Council Members: NOES: 1 Council Member: ABSTAIN: 1 Council Member: Boggs, Cormack, Barb Santangelo Davila Council Minutes 5/13/86 -3- Mayor Davila opened the hearing on proposed 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 Cormack, seconded by Councilman Barb, and so ordered to receive and file. Mr. Cutts explained a request has been received from Mr. Joel Lubin for a continuance of this matter to the next meeting since he was unable to attend tonight's meeting. It was moved by Councilman Barb, seconded by Councilwoman Boggs, and so ordered to continue the hearing to 7:30 p.m., May 27, 1986, in the Council Chamber of Downey City Hall. Mayor Davila opened the hearing on Adoption of Amended Building Regulations, which was continued from the regular meeting of April 22, 1986. Mr. Cutts said this includes a change in the fee structure, requirements for permits for walls, fences and retaining walls that are less than four feet in freight, and adoption of the National Electrical Code. Mayor Davila asked if the City Clerk had received any correspondence, and the response was no. There being no one present to speak in favor or in opposition, it was moved by Councilman Cormack, seconded by Councilman Barb, and so ordered to close the hearing. Councilwoman Boggs expressed concern about the continuing need to increase costs for fees and said it appears Downey is comparable to other cities. Councilman Santangelo also spoke against the proposed increases and feels the City should be looking at ways to reduce fees rather than increase them. Councilman Barb indicated the proposed fee schedule would be 30 percent less than it was two years ago and the fees are lower than other communities. ORDINANCE NO. 821 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING ARTICLE VIII, CHAPTERS 2 & 5 OF THE DOWNEY MUNICIPAL CODE The Ordinance was read by title only. It was moved by Councilman Cormack, seconded by Councilman Barb, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Boggs, Cormack, Barb, Davila NOES: 1 Council Member: Santangelo Mayor Davila opened the hearing on Lighting District Annexation 86/05, Irwingrove Drive from Sherry Avenue to 200 feet West of Old River School Road. He inquired if the City Clerk had the Affidavit of Posting of Notice and Proof of Publication, and the response was yes. It was moved by Councilwoman Boggs, seconded by Councilman Barb, and so ordered to receive and file the Affidavit and Proof. Mayor Davila asked if the City Clerk had received any written protests or objections, and the response as no. There being no one present to speak in protest, it was moved by Councilman Barb, seconded by Councilman Cormack, and so ordered to close the hearing. RESOLUTION NO. 4743 A RESOLUTION OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN AREA INTO LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THOSE AREAS (ANNEXATION 86/05 - IRWINGROVE DRIVE FROM SHERRY AVENUE TO 200 FEET WEST OF OLD RIVER SCHOOL ROAD Council Minutes 5/13/86 -4- qaj The Resolution was read by title only. It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by unanimous vote to waive further reading and to adopt. Mayor Davila opened the hearing on Lighting District Annexation 86/06, Elm Vista Drive from Bellflower Boulevard Easterly 1300 Feet. He inquired if the City Clerk had the Affidavit of Posting of Notice and Proof of Publication, and the response was yes. It was moved by Councilman Cormack, seconded by Councilman Barb, and so ordered to receive and file the Affidavit and Proof. Mayor Davila inquired if the City Clerk had received any protests or objections, and the response was no. There being no one present to speak in protest, it was moved by Councilman Cormack, seconded by Councilman Barb, and so ordered to close the hearing. RESOLUTION NO. 4744 A RESOLUTION OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN AREA INTO LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THOSE AREAS (ANNEXATION 86/06 - ELM VISTA DRIVE FROM BELLFLOWER BOULEVARD EASTERLY 1300 FEET) The Resolution was read by title only. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and passed by unanimous vote to waive further reading and to adopt. Mayor Davila opened the hearing on Downey Improvement Project No. 717, west side Tweedy Lane from Brookpark Road to Blandwood Road. He inquired if the City Clerk had the Affidavit of Posting and Mailing, and the response was yes. It was moved by Councilman Barb, seconded by Councilman Cormack, and so ordered to receive and file the Affidavit. Mr. Ralph reported on the location of the project, which includes three separate blocks but only two ownerships. A petition was signed by a number of people in the area favoring the improvements for curb, gutter, street paving, and a parking lane. Three separate improvement districts have been formed, and staff has contacted each of the property owners explaining what is involved. Mayor Davila asked if the City Clerk has received any written protests or objections. Mr. Shand replied a letter has been received from Mr. and Mrs. Kreider, 7856 Blandwood Road, objecting to the improvements; and another letter from E. Briesemeister, 8508 Tweedy, requesting one contractor be retained to complete the project. It was moved by Councilman Cormack, seconded by Councilman Barb, and so ordered to receive and file the correspondence. Mayor Davila asked if there was anyone present to speak in protest. Mr. Charles Kreider, 7856 Blandwood, said some of the improvements would be for cosmetic purposes but would not improve drainage on the street. He dis- cussed the petition that was circulated and feels he was misinformed and misled, plus some rentors have signed the petition. He also commented regarding his discussions with other homeowners in the area, who indicated they were not given correct information, and he cited areas where the grading on one side of the -- street is higher than the other, which caused drainage problems. Mr. Kreider concluded by saying the signatures obtained on the petition were through false pretenses and mis-statements. Councilman Cormack requested the hearing be continued and ask Mr. Ralph to set a meeting between himself and the residents. By unanimous vote, the hearing was continued to 7:30 p.m., June 10, 1986, in the Council Chamber of Downey City Hall. Council Minutes 5/13/86 -5- Mayor Davila opened the hearings on Downey Improvement Project No. 718, west side Tweedy Lane from Blandwood Road to Vista Del Rosa, and Downey Improvement Project No. 719, west side Tweedy Lane from Birchcrest Road to Telegraph Road. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and so ordered to continue the hearings to 7:30 p.m., June 10, 1986, in the Council Chamber of Downey City Hall. Mayor Davila opened the hearings on Downey Improvement Project No. 720, north side Elm Vista Drive east of Bellflower Boulevard, and Downey Improvement Project No. 721, south side Elm Vista Drive east of Bellflower Boulevard. He inquired if the City Clerk had the Affidavit of Posting and Mailing, and the response was yes. It was moved by Councilman Barb, seconded by Councilman Cormack, and so ordered to receive and file the Affidavit. Mr. Ralph explained this is the result of petitions signed by 56 percent of people in the task force for improvements on Elm Vista, and the property owners have been notified of this hearing. Mayor Davila inquired if the City Clerk had received any written protests or objections, and the response was no. Mayor Davila asked if there was anyone present to speak in protest. Mr. Ken Hineman, 15159 Woodruff Avenue, said he is for and against the project, noting he has received a letter giving him 60 days in which to install the improvements from date of the notice. He has plans to improve his property and build three new units, which has been in plan check since March 17th. He would like to build the units before putting in the street improvements. Mr. Ralph said there would be no problem and staff will work with Mr. Hideman on this matter. There being no one else to speak in protest, Mayor Davila asked if anyone wished to speak in favor. Mr. Daniel Keene, 9228 Elm Vista Drive, commented on the formation of the Elm Vista task force to deal with problems of property maintenance, crime, inadequate street cleaning, problems with tenants, inadequate street lighting, lack of sidewalks, and drug dealing, and he noted the results which are now beginning to take place. He submitted a petition signed by 60 percent of property owners on the street in favor of the construction of sidewalks. Mr. Shand indicated he has received correspondence from Mr. Don Beachum, of Canyon City Oregon, inquiring regarding the plan for sidewalks. It was moved by Councilman Cormack, seconded by Councilman Barb, and so ordered to receive and file the correspondence. It was moved by Councilman Cormack, seconded by Councilman Barb, and so ordered to close the hearing. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and passed by unanimous vote to authorize the Engineering Division to proceed under Chapter 27 of the Streets and Highways Code on Downey Improvement Project No. 720, and grant authority to advertise for bids. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and passed by unanmous vote to authorize the Engineering Division to proceed under Chapter 27 of the Streets and Highways Code on Downey Improvement Project No. 721 and grant authority to advertise for bids. Councilman Cormack recognized Downey's Queen Miss Connie Sziebl and her mother, who were present in the audience. Mayor Davila declared a recess from 10:03 p.m. to 10:17 p.m. The meeting resumed with all Council Members present. Council Minutes 5/13/86 -6- '7 q qc� ORAL COMMUNICATIONS - Items not on Agenda Mr. Roy Paul, 11819 Rives Avenue, inquired regarding Mayor Davila's abstention on the vote for College House and whether it was because of a conflict of interest or if he did not have an opinion. Mayor Davila replied it was because he did not have an opinion. CONSENT CALENDAR It was moved by Councilman Barb, seconded by Councilwoman Boggs, and passed by the following vote to approve the Consent Calendar: Minutes: Special Called Meeting, April 21, 1986; Adjourned Regular — Meeting, April 22, 1986; and Regular Meeting, April 22, 1986. Rejection of Legal Claims: Ref. #559, Lincoln Security Service; Ref. #793, Liberty Mutual; and Ref. #794, Julie Pierini. Cash Contract No. SS-402, Downey Sanford Bridge Road Storm Drain between Florence Avenue and Lubec Street: Authorize staff to negotiate final agreement document with Lockman and Associates for design of an underground storm drain system. Cash Contract No. 538, Tree Trimming - Various Locations: Award unit price contract to Travers Tree Service, Inc., in the amount of $67,913. Cash Contract No. 537, Fire Station No. 2, 9556 Imperial Highway: Plans, specifications, and grant authority to advertise for bids (Account No. 28-20327). General Warrants: 114425 - 15021 -- $2,264,785.84. Redevelopment Art Contest - Award Cememony: Temporary closure of the southbound lanes of Downey Avenue between Second Street and Firestone Boulevard in order to accomodate the award ceremony. Workers' Compensation Claims Administrator - Contract Renewal: Authorize _ renewal with Colen and Lee., Inc., for fiscal year 1986-87 with an increase in the monthly service fee from $1,800 to $2,000. RESOLUTION NO. 4745 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROPOSING TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT NO. A.D. 121 AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (ANNEXATION 86/08) STOAKES AVENUE BETWEEN GALLATIN ROAD AND SUVA STREET RESOLUTION NO. 4746 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE ENGINEER'S REPORT FOR THE ADDITION TO LIGHTING MAINTENANCE DISTRICT A.D. 121 OF ANNEXATION 86/08 - STOAKES AVENUE BETWEEN GALLATIN ROAD AND SUVA STREET RESOLUTION NO. 4747 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION IU 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 86/08 - STOAKES AVENUE BETWEEN GALLATIN ROAD AND SUVA STREET (sets the hearing for June 10, 1986 Cash Contract No. SS-382 (FAU), Brookshire Avenue - Firestone Boulevard to Cherokee Drive: Program Supplement No. 25 to Master FAU Agreement. Council Minutes 5/13/86 -7- v©oo i.:i L_c. RESOLUTION NO. 4748 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. 25 TO THE CITY OF DOWNEY/ STATE AGREEMENT NO. 07-5334 FOR THE CONSTRUCTION OF STREET IMPROVEMENTS PURSUANT TO THE FEDERAL -AID FOR URBAN SYSTEMS ACT RESOLUTION NO. 4749 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 17189 (11923 RIVES AVENUE) RESOLUTION NO. 4750 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING CONFLICT OF INTEREST CODES WHICH INCORPORATE BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE AND RESCINDING RESOLUTION NO. 4566 RESOLUTION NO. 4751 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING AN ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY FIREMEN'S ASSOCIATION AYES: 5 Council Members: Santangelo, Boggs, Cormack, Barb, Davila ORDINANCE NO. 819 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 6126.3 AND 6128 OF THE DOWNEY MUNICIPAL CODE ORDINANCE 255 - ROOM TAX The Ordinance 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 Barb suggested as a compromise to this Ordinance and the one pertaining to Hotels and Motels to extend the time of use by guests in hotels and motels to a 90 or 120 day period and impose a four percent increase in Bed Tax after the 30 day period. It was moved by Councilman Barb and seconded by Councilman Cormack to increase the Bed Tax by four percent following the 30th day of residence in a hotel or motel. Mr. Powell indicated staff will come back next meeting with an Ordinance incorporating the language suggestd by Councilman Barb. The amendment and second were withdrawn. AYES: 5 Council Members: Sanangelo, Boggs, Cormack, Barb, Davila ORDINANCE NO. 820 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING CHAPTER 5, SECTIONS 4506(a), 4508(a), 4515(a) AND 4517 OF THE CITY OF DONNEY MUNICIPAL CWE RELATING TO CHARITABLE SOLICITATIONS, TO INCLUDE TELEPHONE SOLICITATIONS The Ordinance was read by title only. It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by unanimous vote to waive further reading and to adopt. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO FACILITY LEASE BETWEEN THE CITY OF @OWN€Y AND TH9 CITY OF GOWN€Y ONTO O€NfiEN CORPORATION Council Minutes 5/13/86 -8- The Ordinance was read by title only. It was moved by Councilman Santangelo and seconded by Councilman Barb to waive further reading and to introduce. Mr. Powell responded to questions regarding selection of the underwriter and the cost for the refinancing. Councilman Santangelo objected to the $615,000 cost and requested a condition of assurance, whereby all of the costs outlined in the report are maximum figures, or that Mr. Powell come back to the Council with information if the figures have changed. Mr. Powell indicated he would bring back any further information to the Council. He noted the biggest change in numbers will be due primarily to the — market, which will be the biggest determination. AYES: 5 Council Members: Santangelo, Boggs, Cormack, Barb, Davila RESOLUTION NO. 4752 RESOLUTION APPROVING PREPARATION AND DISTRIBUTION OF PRELIMINARY OFFICIAL STATEMENT AND APPOINTING SPECIAL LEGAL COUNSEL AND UNDERWRITER IN CONNECTION WITH REFINANCING OF CITY OBLIGATIONS UNDER 1984 FACILITY LEASE It was noted that Sections 1 and 2 should be modified to show "Goldman, Sachs & Co." in place of "FISER Financial." The Resolution was read by title only. It was moved by Councilman Cormack, seconded by Councilman Barb, and passed by unanimous vote to waive further reading and to adopt as amended. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 9104.122 AND 9104.174 OF THE DOWNEY MUNICIPAL CODE WHICH RELATE TO HOTELS AND MOTELS (CHAPTER 1 ARTICLE IX) — It was moved by Councilman Santangelo and seconded by Councilman Barb to change Sections No. 9104.122 - Hotel, and 9104.174 - Motel from 30 days to 120 days. Mr. Cutts requested the Council's preference regarding the definition for hotels and motels in the number of units. Councilwoman Boggs favors wording that definitely identifies the difference between hotels and motels and suggested that 200 or more rooms or suites to identify the difference between the two. Questions were raised regarding the need to identify by number. There were no other changes made to the Ordinance. The Ordinance was read by title only. It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by unanimous vote to waive further reading and to introduce. Staff will bring back an Ordinance imposing an additional four percent Bed Tax after 30 days. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY — AMENDING SECTION 3185(b) OF THE DOWNEY MUNICIPAL CODE WHICH SAID SECTION RELATES TO TRUCK PARKING REGULATIONS The Ordinance was read by title only. It was moved by Councilman Barb and seconded by Councilman Santangelo to waive further reading and to introduce. It was moved by Councilman Barb and seconded by Councilman Cormack to change the word "and" to "or" in the second paragraph under Section 1, third line to read, "For the purposes of this section, 'commercial vehicle' shall mean MiovOctgedhaving company advertising or logos conspiciously displayed or Council Minutes 5/13/86 -9- Mr. Don Chambers, 7811 Fifth Street, questioned the need for an Ordinance when he does not see a problem in Downey or an abundance of trucks in driveways and further questioned why weight of the vehicle was not considered. He has a one ton flat bed truck which he uses to haul automobiles. Discussion followed. Chief Martin said the Ordinance would prohibit the parking of commercial vehicles on residential streets and would leave it to the discretion of the arresting officer issuing citations. The obvious commercial uses are up to interpretation. He feels the Ordinance is workable and can be enforced. The amendment was passed by the following vote: AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb ABSTAIN: 1 Council Member: Davila Introduction of the Ordinance as amended was then passed by the following vote: AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb ABSTAIN: 1 Council Member: Davila RESOLUTIONS: None ADMIINISTRATIVE REPORTS It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by unanimous vote to approve extra work in the amount of $820.15; accept the work done under 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 accept maintenance responsibility for the improvements constructed. It was moved by Councilman Barb, seconded by Councilman Santangelo, and passed by unanimous vote to accept the improvements; approve extra work under Cash Contract No. 532, Fire Station No. 4 - 9349 Florence Avenue, Driveway and Parking Area Reconstruction; and authorize the expenditure of an additional $1,622.94 from Account No. 40-17131. Downey's 30th Anniversary Celebration - Proposed Budget and Program It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by the following vote to approve: 1. Appropriation of $23,595 from General Fund moneys to the City Council's special activities account to cover expenses aassociated with the City's 30th Anniversary Celebration, with the understanding that up to $13,000 will be recovered over the next two years. , 2. Tentative Master Calendar of Events and authorize the Second Century Foundation and City staff to calendar additional items per submitted guidelines. 3. Authorize City staff to commission the production of souvenirs and other items as outlined. 4. Provide liability insurance coverage for those events either sponsored by the Second Century Foundation/City of Downey or held on City premises (i.e. street dance/barbeque, art festival). Councilman Cormack said it is time to place a banner over Firestone Boulevard and Florence Avenue to inform people of the events in Downey. Mr. Ralph mentioned the State will not issue a permit within the right-of- way, or the City could issue its own permits if it took over maintenance of State highways in the City. The Chairman and members of the Second Century Foundation were recognized at this time. AYES: 5 Council Members: Santangelo, Boggs, Cormack, Barb, Davila Council Minutes 5/13/86 -10- It was moved by Councilman Santangelo to approve subsidies on Senior Citizen Bus Pass Rebates and direct staff to proceed with a program. Mr. Ralph noted a correction in the staff report, whereby $1,440 per year should read $1,440 per month. Responding to a question, he explained if approved, staff will come up with a program, including the cost and the depart- ment to administer it, and come back to the Council for final ratification. Councilwoman Boggs would like to see the full cost for a program. Councilman Barb favors opening this up to everyone. Staff was instructed to bring back a report the first meeting in June. 1986-87 Budget - Scheduling of Budget Workshops: The following dates were established: June 4, 1986, from 2:00 p.m. to 5:00 p.m.; June 5, 1986, from 2:30 p.m, to 4:30 p.m.; and June 11, 1986, from 2:00 p.m. to 5:00 p.m. ITEMS REMOVED FROM CONSENT CALENDAR OTHER BUSINESS - Staff Members It was so ordered to set a hearing on Permissive Conditional Use Permit No. 4 for property located at 10403 Sherry Avenue and Vacant Lot behind 7214 Florence Avenue for 7:30 p.m., June 10, 1986, in the Council Chamber of the Downey City Hall. OTHER BUSINESS - City Council Councilwoman Boggs commented on receipt of a letter from a gentleman who has lived in his home in Downey for over 30 years and was involved in a garage sale and is requesting a change in the limit of number of sales per year to three. She said one garage sale is restricting to people who have lived in the community a number of years and she suggested staff take a look at the Ordinance for a possible change. Referred to staff for study and recommendation. Councilwoman Boggs noted the opening of the Toy Loan program at Golden Park. List. Councilwoman Boggs asked about accelerating some of the items on the Monkey Mr. Davis said some of the items have been accomplished and removed from the list. Councilwoman Boggs commented on the request for financial assistance from the Downey Rose Float Association and said the request was not specific. She asked that future requests from organizations be forwarded to staff to obtain specific information. Councilman Cormack feels the Rose Float is something the City should be doing or become involved in as much as possible and ask staff to try and find money in the budget. Councilman Santangelo also would like someone from staff contact the organizations requesting assistance and find out what they have in mind. Councilwoman Boggs commented on the problem of organizations which have been operated by the same people for a number of years, but are experiencing a decreasing membership. _ Councilman Barb mentioned the cutbacks in revenue which are creating a financial concern to many organizations. He favors providing a matching fund policy for the organizations. Staff was asked to come back with a report. Councilman Santangelo reported on receipt of a letter from the League of Women Voters inquiring why uniformed Police were present on Candidates' Night. Council Minutes 5/13/86 -11- Chief Martin explained the Officers were in the area and stopped at Apollo Park and were approached by someone anticipating problems during the meeting. The officers spoke to Betty Kenley, who was not pleased with their presence, and that when they offered to leave she asked them to stay since she had also heard of possible problems. Councilman Cormack commented on the requirement of conditions for approval of improvements to property, noting particularly a condition, whereby the property owner signs away his right to object to a future street light on his street. He objected to imposing these conditions. Councilman Cormack cited a request from the Independent Cities Association for a donation from the City at the annual seminar. Councilman Barb asked that information be sent to ICA regarding the Council's previous position on distribution of tax funds, which is being pushed by contract cities. It was moved by Councilwoman Boggs, seconded by Mayor Davila, and passed by unanimous vote to set the Council Reorganization Meeting for 7:30 p.m., July 1, 1986. Mayor Davila complimented the Open House at the Fire Department. ADJOURNMENT: 11:55 p.m. The meeting was adjourned to 6:45 p.m., May 27, 1986, in the Council Chamber of Downey City Hall. �Z Rober�.nd, Cit erk-Treasurer Y Bob Davila, Mayor Council Minutes 5/13/86 -12-