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HomeMy WebLinkAboutMinutes-11-15-88-Adjourned Regular Meetinglax Tl 'N� MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 15, 1988 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Certificate of Appointment to Warren Heer- Emergency Preparedness Committee 1 Certificate of Appointment to Robert Shand - Emergency Preparedness Committee 1 Certificate of Appreciation to Dr. John Sims - Parking Place Commission 1 Stanley Wantuch re right of redress & oral communications 1 Lary Marks re staff response to inquiry on Rancho Los Amigos Project 1 Removal of items from Consent Calendar 2 Minutes: Adj. Reg. Mtg., 10/25/88; Reg. Mtg., 10/25/88; Adj. Reg. Mtg., 11/2/88; & Reg. Mtg., 11/8/88 Approved 2 CC #SS-417/418, Various Locations -Sidewalk Repair, Curb & Gutter Repair Approved 2 General Warrants (Packets 1 and 3) #44908-44910; 45104-45143; & #45149 Approved 2 1988 Holiday Lane Parade Permit Application Approved 2 Section 33130-Health & Safety Code: Conflict of Interest Report Review & Filed 2 Set Public Hearing -City Fees & Charges Sets Hrg. 12/13 2 Res. #5083, Approving Final Tract Map #45431, 9943-10005 Tweedy Ln. Adopted 2 Res. #5084, Appointment of Frank J. Beckner- Parking Place Commission Adopted 2 After -School Child Care Pilot Approved/w 4 Amendment 1988-89 Social Service Grant Funding Approved w/Amendments 5 Rio Hondo Golf Course -Food Service Agreement 1 Yr. Extension 6 Stanley Wantuch removed from Council Mtg. 6 Meeting recessed 9:57 p.m. & reconvened 10:01 p.m. 7 Ordinance Adding Sections 2104, 2105 & 2106 to Introduced as Amended; DMC re Rules of Conduct at Council Meetings Adopt 12/6 7 Warrants #45282-45500 (Packet No. 2) Approved 7 Designation of Priscilla St. as Through Street at Intersection with Kipway Drive Cont. 12/13 7 Appeal, Z.V. #579, 11212, 11221, 11414, 11432 Approved w/cond.; 7 Paramount B1. (Paramount Chevrolet) New Resolution 12/13 Mtg. adj. in Memory of Dr. John Alexander; to: 6:30 p.m., 11/22/88 8 Page 1 of 1 IEGOiA2 Nrl lT MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 15, 1988 The City Council of the City of Downey was called to order in joint session with the Community Development Commission and the Downey Unified School District at 5:30 p.m., November 15, 1988, in the second floor Training Room of the Downey City Hall, Mayor/Chairman Robert G. Cormack presiding. The City Council recessed to closed session from that meeting and reconvened in open session in the Council Chamber of the Downey City Hall at 7:32 p.m. PRESENT: Council Members: Robert G. Cormack Mayor Randall R. Barb Mayor Pro Tem Roy L. Paul Barbara J. Hayden Diane P. Boggs ALSO PRESENT: Don Davis, City Manager Peter Thorson, City Attorney Jenny Young, City Clerk -Treasurer Ken Farfsing, Director of Community Development Ronald Irwin, Fire Chief James R. Jarrett, Director of Community Services Lee Powell, Director of Administrative Services Robert Brace, Civil Engineer Dennis Chelstrom, Police Captain Sylvia Garcia, Communications Specialist Ray Hamada, Associate Planner Bonnie Kehoe, Recreation Division Manager Jim McCulloch, Motor Officer Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Joyce Baker, Executive Secretary PRESENTATIONS Mayor Cormack presented a Certificate of Appointment to Warren Neer on his appointment to the Emergency Preparedness Committee. Council Member Hayden presented a Certificate of Appointment to Robert Shand on his appointment to the Emergency Preparedness Committee. Mr. Shand was also recognized as the former City Clerk of the City of Downey. For continuity of reporting, this item was placed in Agenda order. Council Member Hayden presented a Certificate of Appreciation to Dr. John Sims in recognition of his service on the Parking Place Commission from August 14, 1961 to November 15, 1988. HEARINGS: None ORAL COMMUNICATIONS - Items not on Agenda Mr. Stanley Wantuch, 6377 Florence Ave., Bell Gardens, spoke of the right of redress and oral communications. For continuity of reporting, this item was placed in Agenda order. Mr. Lary Marks, 7808 Borson St., spoke regarding what he felt to be a lack of staff response to inquiries on the Rancho Los Amigos Project. He presented to City Clerk Young copies of correspondence to the City Planner, City Manager, and City Council as well as a letter received from the City Manager. _CONSENT CALENDAR Agenda Item VI-D (2), Warrants #45282-45500, was removed at the request of Council Member Barb. Agenda Item VI-F-1, Designation of Priscilla Street as a Through Street at its Intersection with Kipway Drive, was removed at the request of Council Member Boggs. Council Minutes 11/15/88 (Adj.) -1- Agenda Item VI-F-4, Appeal of Zone Variance No. 579-A Variance Request to Section 9148 of the Downey Municipal Code to Exceed Allowable Signing for an Auto Dealership on Property Located at 11212, 11221, 11414, 11432 Paramount Boulevard, Zoned C2, C3, Ml, M2 (Applicant: Richard Ferber, et al for Parmaount Chevrolet), was removed at the request of Mr. Richard Ferber, 11212 S. Paramount Blvd. MINUTES: Adjourned Regular Meeting, October 25, 1988; Regular Meeting, October 25, 1988; Adjourned Regular Meeting, November 2, 1988; and Regular Meeting, November 8, 1988: Approve. CASH CONTRACT NO. S.S. 417/418 (PART I) - MISCELLANEOUS SIDEWALK REPAIRS; (PART II) - MISCELLANEOUS CURB AND GUTTER REPAIR; (PART III) - HANDICAPPED RAMPS (ACCOUNT NO. 26-16417. 26-16418, 26-16420 AND 25-13918): Appropriate additional SB 821 Pedestrian Funds in the amount of $10,000 for use on Part III of Project; approve Plans and Specifications; and grant authority to advertise for bids on Part I and Part III: Approve. GENERAL WARRANTS (PACKETS 1 AND 3) 144908-44910; #45104-45143; AND #45149-45689, $2,327,749.56: Approve. 1988 HOLIDAY LANE PARADE PERMIT APPLICATION AND PARADE ROUTE (Downey Chamber of Commerce): Approve. PROPERTY OWNERSHIP DISCLOSURES - SECTION 33130 (A) OF THE CALIFORNIA REDEVELOPMENT LAW: Review and file. SET PUBLIC HEARING - CITY FEES AND CHARGES: Public Hearing set for December 13, 1988. RESOLUTION NO. 5083 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 45431 (9943 AND 10005 TWEEDY LANE). APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTANCE OF A CERTFICATE OF DEPOSIT ASSIGNMENT IN LIEU OF SURETY BONDS RESOLUTION NO. 5084 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF FRANK J. BECKNER TO THE PARKING PLACE COMMISSION FOR COUNCILMANIC DISTRICT FIVE It was moved by Council Member Barb, seconded by Council Member Hayden, and carried by the following vote to waive full reading of the Resolutions and to approve the remainder of the Consent Calendar as recommended: AYES: 5 Council Members: ADMINISTRATIVE REPORTS AFTER -SCHOOL CHILD CARE Paul, Barb, Boggs, Hayden, Cormack Community Services Director Jarrett summarized the staff report pursuant to the Agenda Memo dated November 15, 1988. Council Member Barb expressed opposition to both the City and School District being involved in this program. He cited he is supportive of the program, but feels that the School District has the facilities and experience to provide an excellent program. Mr. Jarrett clarified for Council the following: The rates of program would vary for parents of children depending upon the length of time the children are in the program; no provisions have been made at this time to fund the program for people who could not afford to pay; and the program would not have ability to provide morning day care for kindergarten students, but could provide some after school car for kindergarten students in the early afternoon. Council Minutes 11/15/88 (Adj.) -2- �5b Council Member Boggs discussed the following: This was being proposed as a pilot program only; does not like to see government get involved in programs such as this, but when the private sector fails to meet the need, government must get involved for the welfare of the people; and expressed the hope that if the Council decided not to co-sponsor this pilot program with the School District, they will go forward with the program and address the needs of the Community. Council Member Hayden agreed with many of the comments made by Council Member Barb. She said she has serious concerns in terms of the program being self-sufficient. . Council Member Hayden suggested the possibility of the formation of a non-profit foundation to work with the School District and accept contributions from the general public toward subsidizing the program. Council Member Paul expressed the strong belief that the City should go forward with the After -School Child Care Pilot Program. He referenced two articles regarding child care and local government. Council Member Paul commented that American life styles are changing and society must respond to these changing needs. Mayor Cormack mentioned a study that had been done by the League of Women Voters or AAUW on child care programs. He inquired as to why the Council has not seen the results of this study. Mayor Cormack questioned the necessity of the City getting involved in this program if the School District has the facilities and the students already on their campuses. He expressed agreement with Council Member Hayden regarding the possiblity of the formation of a non- profit foundation to solicit funds. It was moved by Council Member Barb, seconded by Council Member Hayden (who later withdrew her second) to return this matter to the School District and ask them to go forward with the pilot program, and accept alternatives to funding the City could participate in. This motion died when Council Member Hayden subsequently withdrew her second. _ Council Member Barb suggested perhaps scholarships could be provided for children who cannot afford to be part of the program. He also suggested that the YMCA could be used as a model in developing a similar program. For the record, Council Member Boggs apologized to the Downey Unified School District Board of Education and clarified that the request for this joint program comes from the recommendation of the joint City of Downey/School District Coordinating Committee as a Community project. Council Member Hayden stated she has not seen any official action taken by the Downey Unified School District Board of Education in terms of implementing this program. Ms. Joyce Lawrence, 9627 Cheddar St., strongly expressed concern that uncared for children receive after -school child care. She also said that if one looks at the City budget it is obvious that the majority of the money goes to services for public safety, but the heart of the City is in the Community Services part of the budget. Ms. Kristine Cerome, 8619 E. Boyson St., read into the record a letter advising of circumstances in which she had to take her children to City of Bellflower as they have a State funded child care center. She distributed copies of her letter to City Clerk Young and the City Council. Mrs. Cerome's daughter presented keys to the City Council (City Clerk Young took custody) stating they represented the children of Downey who would no longer have to come home to empty houses. Ms. Barbara Samperi, 12817 Dolan Ave., asked that Council remember this is a pilot program and very much needed in the City of Downey. She said she would also like to see kindergartners included in the program. Mr. Ralph Amadio, 9657 Haledon Ave., feels the children in the City have suffered because the City and the School District have not fully cooperated. He stated the pilot program should get full support from the City Council. Mr. Amadio further cited programs of this type that are 100 percent profitable from the beginning. He feels we can spend it now on child care programs or spend it later on graffiti removal and jails. Council Minutes 11/15/88 (Adj.) -3- $aJ:a J Ms. Cleo Latimer, President of the local branch of the AAUW, 12280 Caladre Ave., advised she has been totally involved in child care the past year with the AAUW, the League of Women Voters, and with the School District. She is in favor of a program for after -school care of children whose parents are needy. Mrs. Latimer said the schools are running on deficit budgets, so the School District needs the help and cooperation of the City to provide this pilot program. Mr. Lary Marks, 7808 Borson St., mentioned other cities that have a five percent surcharge on business licenses and renewals that is allocated for child care. He said the courts have upheld this is legal and thought the City of Downey might want.to look into this method of fund raising for child care. Ms. LaVonne Marks, 7808 Borson St., felt that Council does not want to admit there are people who cannot afford the YMCA. Council Member Hayden reassessed her position at this time and withdrew her second to the above motion. She said she would like the City to attempt a pilot program that will not exceed the end of the school year before it is evaluated for cost and effectiveness. Mayor Cormack said he felt if the program is viable, it will be be just as viable with the School District only conducting it. It was moved by Council Member Paul, seconded by Council Member Boggs, and carried 3-2 (Council Members Barb and Cormack voting no) to approve the program as presented to the conclusion of the school year (June 1989) and reevaluate at that time and decide whether to go forward. It was moved by Council Member Barb, seconded by Mayor Cormack, and carried 3-2 (Council Members Paul and Boggs voting no) to amend the motion to include kindergarten students (afternoons only) with the ability to coordinate with the School District relating to facilities and staffing. 1988-89 SOCIAL SERVICE GRANT FUNDING City Manager Davis reported that the this item has been returned from the Recreation and Community Services Commission to the City Council miith no action. He explained staff has attached several options for Council consideration. It was moved by Council Member Boggs, seconded by Council Member Paul, and unanimously carried to approve the Option A staff recommendation as amended. Prior to the above vote, Council Member Boggs clarified she would have preferred to follow the guidelines sent to Council from the Recreation and Community Services Commission, and further expressed concern about the addition of two new organizations for funding, but said she would be supporting this motion in support of the other organizations recommended. Council Member Paul expressed agreement with Council Member Boggs. AMENDMENT NO. 1 It was moved by Council Member Barb, seconded by Council Member Hayden, and carried 4-1 (Council Member Paul voting no) to amend the motion to delete from the recommendation Family Services of Los Angeles and Community Guidance Family Center. Prior to the preceding vote, Council Member Barb clarified that both of the organizations recommended for deletion from funding are located outside of the City, have not been funded in the past by City, and receive fairly substantial amounts of money from major organizations. Also prior to the foregoing vote, Council Member Paul expressed the view that the remaining organizations be allowed to continue with the funded) money recommended to them by the Recreation and Community Services Commission, Council Minutes 11/15/88 (Adj.) -4- AMENDMENT NO. 2 It was moved by Council Member Hayden, seconded by Council Member Paul, and carried 4-1 (Council Member Boggs voting no) to amend the motion to fund the Living Health Clinic in the amount of $2,000 and the Mended Hearts organization in the amount of $600; and allow $2,400 for Senior Citizen Trash Rebate to be administered pursuant to staff recommendation. Prior to the above vote, Council Member Hayden discussed senior citizen rebate on the trash bills, noting no monetary figure was listed on the — recommendation, but previously $2,400 had been funded for this. She felt that the seniors deserved support from the Council. Council Member Hayden suggested this program should include all those seniors 62 years and older and that have an income level that would allow them to qualify. Council Member Boggs expressed concern that it will cost more than $2,400 to process the rebates for trash bills, and this was possibly why it had not come back on the Recreation and Community Services Commission recommendation. Community Services Director Jarrett explained the process for receiving the trash rebate, which is quite involved. He said it is staff's opinion there are ways to handle this more effectively. Council Member Hayden asked if there is Social Sevice Grant Funding money that can be set aside for the next budget year; she would like Council to look at the specified guidelines and see what changes need to be appropriately made. RIO HONDO GOLF COURSE - FOOD SERVICE AGREEMENT Community Services Director Jarrett presented the staff report as set forth in the Agenda Memo dated November 15, 1988, and recommended that Council consider the options and opportunities available for renovation, or construction of a new facility; and the process desired for securing a licensed operator for food and beverage service at Rio Hondo Golf Course; further that consideration be given to Commission's recommendation for a one (1) year extension with Rio Hondo Inn (Louise Forsyth). Mayor Cormack felt the facility has been patched up too long and that long range plans should be made to meet the needs of the total area. It was moved by Council Member Boggs, seconded by Council Member Hayden, and carried 4-0 (Council Member Paul abstaining) to extend the agreement with Rio Hondo Inn (Louise Forsyth) for one (1) year, and during this period options discussed by staff and other options be explored. It was moved by Council Member Paul and seconded by Council Member Barb, to amend the motion to include a Study Session, December 6, 1988. This motion died later due to Council Member Paul abstaining from any further participation in this matter due to a possible conflict of interest. Council Member Boggs feels it is not proper to have licensee working without an agreement (food service agreement with Rio Hondo Inn expires January 31, 1989) and does not believe that all options can be considered and discussed for a period less than a year. Council Member Barb feels rather than extending agreement for one year, very specific input is needed from a number of individuals who may be willing to make proposals for the development of the golf course as well as exploring the options of the City doing it themselves and contracting for food services. Mr. Frank Gasdia, attorney, 8135 Florence Ave., commented that the City paid $4.3 million to acquire the golf course in 1970. He said that Ms. Forsyth has spent $30,000 of her own funds and has obtained a market profile to determine the marketability of a large building with a large parking structure and hired an architect to develop plans. Mr. Gasdia said it has taken Ms. Forsyth over a year to get the marketing study and architectural drawings. He feels the contract should be extended a year to allow the Council to discuss this properly, while there is an ongoing facility. Mr. Gasdia advised the City received $84,000 last year from Ms. Forsyth's gross profits. He is in favor of the study session, but feels the matter will not be settled before February 1, 1939. Council Minutes 11/15/88 (Adj.) -5- �'J3J Council Member Paul, after discussion with the the City Attorney regarding working relationship with Mr. Gasdia, chose to abstain from participating in this matter due to a possible conflict of interest (he left his Council seat during the remainder of this proceeding). Council Member Paul's above amendment to the original motion died, however, the Council voted on the original motion. Council clarified that the existing agreement provides for a termination clause and that the amortization period of monies expended by Ms. Forsyth expires January 31, 1989. Hearing no objections, Council set 4:00 p.m., December 6, 1988, in the Council Chamber of the Downey City Hall for a Study Session on the Rio Hondo Golf Course - Food Service Agreement. ORDINANCES• ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTIONS 2104, 2105 AND 2106 TO THE DOWNEY MUNICIPAL CODE RELATING TO RULES OF CONDUCT FOR CITY COUNCIL MEETINGS AND ENFORCEMENT THEREOF The Ordinance was read by title only. It was moved by Council Member Barb, seconded by Council Member Hayden, and carried 3-2 (Council Members Paul and Boggs voting no) to waive further reading and to introduce the Ordinance as amended. Prior to the preceding vote, the following discussions ensued: Council Members Paul and Boggs indicated the current policies are adequate, but could be refined by Council; and that some of the language of the Ordinance is overly restrictive. Council had lengthy discussion regarding the need for written guidelines for City Council Meetings; the Mayor's authority pursuant to the City Charter regarding conduct at the City Council Meetings; and the three minute time limit for public comments. Ms. Frances Saurenmann, President of The League of Women Voters of Downey, 7621 Shadyoak Dr., read a letter dated November 15, 1988, from The League of Women Voters of Downey (copy submitted to City Clerk Young), strongly opposing the proposed Ordinance. Ms. Eleanor Lindenfeld, 8846 Manzanar Ave., said this Ordinance as written is unnecessary and that present rules of procedures are adequate. Mr. George Olsen, Reporter, Herald American, 8800 National Ave., South Gate, commented that the effective limit for flash photography is sixteen feet. Mr. Roger Lawrence, 9627 Cheddar St., feels present rules of procedures are adequate and it is unfortunate that a few individuals who disrupt the Council Meetings have caused this kind of Ordinance. Mr. Lennie Whittington, 8542 Manatee St., said the present rules address most of the problems and finds Ordinance objectionable. Ms. Joyce Lawrence, 9627 Cheddar St., does not like some of the language of the Ordinance and the three minute time limit for public comments. She feels the present rules are good. Mr. Stanley Wantuch, 6377 Florence Ave., Bell Gardens, mentioned police State and also the U.S. Constitution. He then proceeded to reenact the Community Development Commission Meeting on October 25, 1988, whereby he was escorted from the Council Chamber due to disrupting the meeting. Mayor Cormack asked Mr. Wantuch to address the issue at hand; when he refused to comply, the Mayor asked him to be seated several times. Mr. Wantuch refused to be seated and was physically removed from the Council Chamber by the police. Council Member Boggs left her Council seat at 9:55 p.m. Council Minutes 11/15/88 (Adj.) -6- 8 5'i 6 The meeting recessed at 9:57 p.m, and reconvened at 10:01 p.m. with Council Members Paul, Barb, Hayden, and Cormack present (Council Member Boggs absent). Mayor Cormack made a brief statement after the meeting reconvened informing the audience the reason the Council is considering introducing the Ordinance regarding conduct at Council Meetings is due to people commenting when will rules be established to enable meetings to be conducted in an orderly manner. He related the Council wants to conduct the meetings so that the people in attendance can hear the City business. Council Member Boggs returned to her Council seat at 10:02 p.m. Mayor Cormack asked for Council support in adopting this Ordinance and to at least give it a trial period. It was moved by Council member Barb, seconded by Council Member Boggs, and carried 4-1 (Mayor Cormack voting no) to amend the Ordinance by inserting the number five (5) wherever the number three (3) is contained in the Ordinance (this refers to minutes allowed for public comments). RESOLUTIONS: None (See Consent Calendar) ITEMS REMOVED FROM CONSENT CALENDAR WARRANTS 145282-45500 (PACKET NO. 2) Council Member Barb clarified with Administrative Services Director Powell that Warrant #045303, payable to Rick Stoneberg, was not for a project he had asked to be put on a future Agenda. It was moved by Council Member Barb, seconded by Council Member Hayden, and unanimously carried to approve the foregoing warrants. DESIGNATION OF PRISCILLA STREET AS A THROUGH STREET AT ITS INTERSECTION WITH KIPWAY DRIVE Council Member Boggs requested this item be continued to a future Agenda so that supplemental information as to Traffic Committee recommendations could be obtained. Hearing no objections, it was so ordered to continue this item to December 13, 1988. APPEAL OF ZONE VARIANCE NO. 579-A VARIANCE REQUEST TO SECION 9148 OF THE DOWNEY MUNICIPAL CODE TO EXCEED ALLOWABLE SIGNING FOR AN AUTO DEALERSHIP ON PROPERTY LOCATED AT 11212, 11221, 11414, 11432 PARAMOUNT BOULEVARD, ZONED C2, C3, M1, 142 (APPLICANT: RICHARD FERBER, ET AL FOR PARAMOUNT CHEVROLET) City Clerk Young advised Council that the City Attorney had made numerous changes to the front sheet of the Resolution, and that this sheet had been distributed to them in their Council packets (also put in public packet). Mr. Larry Young, spokesman for Paramount Chevrolet, 11212 S. Paramount Blvd., read a letter into the record addressed to the Mayor and City Council Members, dated November 9, 1988, which requested that the Resolution on the Consent Calendar concerning Zone Variance No. 579 be pulled from the Consent Calendar and the matter be continued for review in eighteen months while negotiations proceed with the Downey Redevelopment Agency. -- It was moved by Council Member Paul, seconded by Council Member Hayden, and unanimously carried to direct staff to come back to Council with a revised Resolution to reflect changes incorporated by Mr. Ferber in his letter to the Mayor and City Council dated November 9, 1988, and and also add the wording that Paramount Chevrolet actively pursue negotiations in good faith. Prior to the foregoing vote, the following was discussed: Council asked that the Resolution brought back to them for adoption have the appropriate language pursuant to Paramount Chevrolet actively pursuing negotiations in good faith; and also the appropriate language for enforcement of the original provisions if, in fact, the negotiations fall through. Council Minutes 11/15/88 (Adj.) -7- 57 Council Member Paul mentioned for the record that he did visit the site in question and view the signs. OTHER BUSINESS AND ITEMS FOR FUTURE AGENDAS STAFF MEMBERS: None CITY COUNCIL: None Council Member Barb left the meeting at 10:27 p.m. and returned at 10:29 p.m. Council Member Hayden left the meeting at 10:27 p.m, due to a family emergency. Council was going to go recess into closed session, but it was decided to continue this matter to the meeting of November 22, 1988. ADJOURNMENT: 10:35 p.m. The meeting was adjourned in Memory of Dr. John Alexander; to: 6:30 p.m., November 22, 1988, in the Council Chamber of the Downey City Hall. 0 Jen oun y) C i asurer Council Minutes 11/15/88 (Adj.) -8-