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HomeMy WebLinkAboutMinutes-12-13-88-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 13, 1988 TABLE OF MINUTE ACTIONS SUBJECT ACTION Certificate of Appointment to Grace Horney- Personnel Advisory Board Certificate of Appointment to Rick D. Sanchez - Cable T.V. Citizens Advisory Board Proclamation declaring week of Dec. 19 as S.A.D.D.-Downey Teen Safe Ride Week DARE Poster judging Meeting recessed 7:45 p.m. & reconvened 8:00 p.m. Res. #5086, Establishing a Uniform Schedule of Fees Ordinance Amending Section 3712, 3722 & 3725 of DMC re System Permit Expiration & Fees; Permit Reinstatement & Permit Revocation Notice Ordinance Amending Section 6407 of DMC re Police Permit Fees Ordinance Amending Section 6525 of DMC re Application Fees f/Auto f/Hire Ordinance Amending Section 6554.1 of DMC re Employees of Massage Parlors Ordinance Amending Section 6703 of DMC re Fee f/Fire & Closing -Out Sales Ordinance Amending Section 6802 of the DMC re Permit Application Ordinance Amending Sections 7309 & 7317 of DMC re Disconnection f/Non-Payment & Meter Testing Appeal, Z.V. #597, 11941 Rives Av. (Deepak Bondade) Mtg. recessed 9:02 p.m. & reconvened 9:10 p.m. Myrtle Risley re noise made by Paramount Chevrolet & Downey Welding Robert Bechtelheimer re Kiwanettes 10k Run Removal of items from Consent Calendar Minutes: Adj. Reg. Mtg., 11/15/88; Reg. Mtg., 11/15/88; Adj. Reg. Mtg., 11/22/88; & Reg. Mtg., 11/22/88 CC #566, Tree Trimming, Citywide General Warrants #45882-46478, $2,219,709.97 Annual Financial Report - FY 1987-88 Manpower Change for Joint Fire Dispatch Center Contract/Health Insurance Claims Administration w/Heller & Associates Adopted Introduced Introduced Introduced Introduced Introduced Introduced Introduced Approved Z.V.; Res. 1/10/89 Approved Approved Approved Approved Approved Approved PAGE NO. 1 1 1 1 1 2 2 2 2 2 3 3 3 4 4 5 5 5 5 5 5 5 5 �u Page 1 of 2 COUNCIL MINUTES, DECEMBER 13, 1988 TABLE OF MINUTE ACTIONS (Continued) SUBJECT ACTION PAGE NO. Renewal of Operating Agreement w/Security Pacific National Bank Compensating Program Approved 5 Res. #5087, Designating Priscilla St. a Through Street at its Intersection with Kipway Drive Adopted 5 Investment Policy - 1989 Approved 5 Res. #5089, Granting Z.V. #579, 11212 Paramount Bl. (Paramount Chevrolet) Adopted 5 Res. #5090, Amending Res. #4914 & Adjusting Wage f/Part-Time Hourly Classification of Library Page Adopted 6 Street Sweeping Contractor Specifications 1/10/89 Agenda; Return to Orig. plan 6 City Budget Policy Cont. to 1/10/89 7 Completion CC #537, Fire Station No. 2 Remodel, 9556 Imperial Hwy. Approved 7 CC #561, Rio Hondo Golf Course Service Yard, Gas Island/Tank Replacement/Pavement Improvements Cont. to 1/10/89 7 CC #563, Construction of Sidewalk & Wheelchair Ramps on Cheyenne Av., Paramount B1. to Downey Av. Approved 7 CC #564, South City Feeder Water Transmission Mains, Additional Engineering Services Approved 8 Agreement between City of Downey and Rio Hondo Temporary Home Approved 8 Adjustment of Water Rates Cont. to 1/10/89 8 Res. #5088, Designating Intersection of Fifth St. & La Reina Av. as a Four -Way Stop Intersection Adopted 9 Cn. Paul asked that DARE Program (to include 8th grade) be placed on future Agenda 9 Cn. Paul asked the status of Recruitment of Design Review Board Members 9 Cn. Paul asked the status of Charter Review Board Report 9 Cn. Barb asked for report regarding Barking Dog Nuisance 10 Mayor Cormack announced Downey PTA (Helps Program) invited Council to view food distribution from Dec. 19-23 at Unsworth School 10 Cn. Boggs invited interested persons to accompany her to Rio Hondo Temporary Home in the City of Norwalk 10 Mtg. adjourned at 11:00 p.m. 10 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 13, 1988 The City Council of the City of Downey held a regular meeting at 7:37 p.m., December 13, 1988, in the Council Chamber of the Downey City Hall, Mayor Robert G. Cormack presiding. 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 William A. Ralph, Director of Public Works Pete Stone, Police Chief Ray Hamada, Associate Planner Vicki Jenkins, City Librarian William Makshanoff, Building Official Jim McCulloch, Motor Officer Oliver Mujica, Assistant Planner Ed Velasco, Housing Manager Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Joyce Baker, Executive Secretary PRESENTATIONS Council 'Member Boggs presented a Certificate of Appointment to Grace Horney on her appointment to the Personnel Advisory Board. Council Member Hayden presented a Certificate of Appointment to Rick D. Sanchez on his appointment to the Cable T.V. Citizens Advisory Board. Mayor Cormack presented to Napua Lee, a Senior at Warren High School, and her sponsor, Julie Dennis; and Raymond Rivera, a Junior at Downey High School, and his sponsor, Steve Terreri, a Proclamation declaring the week of December 19, 1988, as S.A.D.D. - Downey Teen Safe Ride Week. At this time, Mayor Cormack announced the Council would be recessing to judge the D.A.R.E Posters. Officer Cynthia Billings, DARE Officer, Downey Police Department handed out voting ballots to Council, Police Chief Stone, Officer Jodie Barb, two officials of the School Board, and any members of the audience who were interested in participating in the judging. Officer Billings advised DARE stands for Drug Abuse Resistance Education and the Downey Police Department program teaches fifth grade students how to say no to drugs. She said that one poster is submitted from each class that she teaches and their are eighteen posters. Officer Billings related the results of the judging would be announced the next day. Mayor Cormack thanked D.A.R.E. Officer Cynthia Billings and former D.A.R.E Officer Jodie Barb for their diligent work on this program. The meeting recessed at 7:45 p.m. and reconvened at 8:00 p.m, with all Council Members present. HEARINGS Mayor Cormack OPENED THE PUBLIC HEARING ON PROPOSED AMENDMENT TO DOWNEY MUNICIPAL CODE REGARDING UNIFORM FEE SCHEDULE. City Clerk Young affirmed the Proof of Publication. Hearing no objections, it was so ordered to receive and file. Council Minutes 12/13/88 -1- Administrative Services Director Powell presented the staff report pursuant to the Agenda Memo dated December 13, 1988. Mr. Powell explained that a single Resolution has been prepared by staff in an attempt to simplify the fee process. He added that there are several Ordinances to be amended, citing the purpose of these changes is to take the fees out of the Ordinance and change the Ordinance to allow the setting of the fee via Resolution. Council clarified with City Attorney Thorson that Council can still set the policies as to the criteria to be used in the waiving or refunding of fees for undue hardship or for good cause. City Clerk Young advised no correspondence had been received on this matter. Mayor Cormack called for those in the audience who wished to to speak in favor of or in opposition to the proposed amendment. No one came forward. It was moved by Council Member Barb, seconded by Council Member Boggs, and unanimously carried to close the Public Hearing. City Clerk Young advised of a correction to the Resolution on page 1, paragraph 4, lines 3 and 4, to read "to be effective from and after the 13th (thirteenth) day of December, 1988, and where applicable the effective day of the Ordinances." Administrative Services Director Powell specified the Resolution does not include any water rates, building permit fees, and electrical permit fees that are set by Ordinance and Resolution in a separate Public Hearing process under State law. RESOLUTION NO. 5086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A UNIFORM SCHEDULE OF FEES AND REPEALING RESOLUTIONS 4444, 4867, 4848, AND 4984 The Resolution was read by title only. It was moved by Council Member Hayden, seconded by Council Member Paul, and unanimously carried to waive further reading and to adopt. City Clerk Young clarified with City Attorney Thorson that the titles of all seven Ordinances could be read at one time and one vote taken to introduce the Ordinances. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3712, SECTION 3722 AND SECTION 3725 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTIONS RELATE TO SYSTEM PERMIT EXPIRATION AND FEES; PERMIT REINSTATEMENT AND PERMIT REVOCATION NOTICE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 6407 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO POLICE PERMIT FEES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 6525 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO APPLICATION FEES FOR AUTOMOBILES FOR HIRE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 6554.1 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO EMPLOYEES OF MASSAGE PARLORS Council Minutes 12/13/88 -2- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 6703 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO FEE FOR FIRE AND CLOSING -OUT SALES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 6802 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO PERMIT APPLICATION ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 7309 AND SECTION 7317 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTIONS RELATE TO DISCONNECTION FOR NON PAYMENT AND METER TESTING The Ordinances were read by title Paul, seconded by Council Member Boggs, reading and to introduce the Ordinances. only. It was moved by Council Member and unanimously carried to waive further Prior to the foregoing vote, Administrative Services Director Powell clarified for Council that the changes made in the Ordinances allow the fees to be set by Resolution as opposed to having to amend the Municipal Code. Mayor Cormack OPENED THE PUBLIC HEARING ON APPEAL TO ZONE VARIANCE NO. 597 FOR PROPERTY LOCATED AT 11941 RIVES AVENUE. City Clerk Young affirmed the Proof of Publication. Hearing no objections, it was so ordered to receive and file. City Planner Yoshiki presented the staff report as set forth in the Agenda Memo dated December 13, 1988, and recommended that Council adopt the Resolution reaffirming the decision of the Planning Commission and deny Zone Variance No. 597 (circular driveway on property zoned R1-5000). Mr. Yoshiki narrated a slide presentation showing the subject property from Rives Avenue; existing conforming driveway on the property; area where existing nonconforming former circular driveway had been located; and the surrounding houses and properties. He also reported to Council that a frontage of 70 feet is required pursuant to the Downey Municipal Code and the Applicant's frontage is 66 feet, and expressed concerned of setting a precedent for establishing two driveways on R-1 properties with less than the required frontage. City Clerk Young advised one item of correspondence had been received on December 9, 1988, from Nancy Mahaffey (letter was typed with no signature) stating support for the Zone Variance and listing typed names and addresses of thirteen other surrounding property owners, she said also supported the Zone Variance. Copies of this correspondence had previously been distributed to Council and the Planning Department. Hearing no objections, it was so ordered to receive and file the letter. Mayor Cormack asked the Applicant to come forward and present his case. Mr. Deepak Bondade, 11941 Rives Ave., explained his reasons for requesting the Zone Variance as follows: He said that the contractor who was performing work on his property removed part of the existing circular driveway without the knowledge he would not be able to replace it pursuant to the Downey Municipal Code; stated the previous circular driveway had been in existence for thirty years; felt that the safety factor was important so they would not have to back their vehicles onto Rives Avenue, and that their family and friends could park in the driveway and not on the street; specified there was only a four foot difference in what the Municipal Code required; said the front setback of the house had not been changed due to remodeling (second story was added to residence); cited circular driveway enhances his property as well as the neighborhood; remarked a Downey City Inspector told him the work was going fine; mentioned the driveway aprons are already in; and informed Council he had checked with his neighbors and they were in support of the Zone Variance. Mr. Bondade also presented a slide presentation showing his residence as well as other residences in his neighborhood that also have circular driveways. Council Minutes 12/13/88 -3- 8589 Mr. Bondade submitted to City Clerk Young and Council a packet containing eighteen letters from surrounding neighbors expressing support of the Zone Variance. Hearing no objections, the letters were received and filed. Mayor Cormack called for those in the audience who wished to speak in favor of Zone Variance No. 597. The following person came forward: Mrs. Arlyne Beattie, 7805 Cole St., said she has lived across from the property in question for thirty years and there has been a circular driveway on that property for the entire time she has lived at that location. She feels this is a very heavily traveled street and it is much easier to drive out of the driveway than back out. Mrs. Beattie stated she is in favor of the Zone Variance. Mayor Cormack called for those in the audience who wished to speak in opposition to the Zone Variance. There were none. It was moved by Council Member Barb, seconded by Council Member Hayden, and unanimously carried to close the Public Hearing. City Planner Yoshiki clarified for Council that if the Applicant had not started to replace (totally removed) or repair the circular driveway, he would have been allowed to keep the driveway with 10 percent repairs a year. It was moved by Council Member Paul, seconded by Council Member Hayden, and unanimously carried to approve Zone Variance No. 597; and direct staff to prepare a Resolution reflecting said determination. Prior to the preceding vote, the following discussions ensued: Council discussed letters from surrounding neighbors in support of the Zone Variance; fact that there is only a four foot difference from the required frontage of seventy feet; Applicant would be re-establishing what had already been on the property; value of property is upgraded; contractor removed circular driveway without knowledge of the Downey Municipal Code; and safety factor regarding driving out of driveway rather than backing out onto Rives Avenue. Council further discussed that the City has very specific requirements that allow Variances to be granted; cannot have the old code and the new; present Municipal Code does not allow Council the flexability they might wish; concrete apron would have to be removed from in front of the residence; and the issue that the Downey Municipal Code allows for a twenty foot front yard setback unless there is a prevailing setback. After the preceding action, Mayor Cormack felt that Council should view the property and ruled to reconsider the foregoing action at the next Council Meeting. It was moved by Member Paul, seconded by Council Member Boggs, and carried 4-1 (Mayor Cormack voting no) to overturn the Chair's ruling. Prior to the foregoing vote, Council Member Barb expressed strong concern as to the circumstances leading up to the removal of the existing circular driveway, why it was removed, and whether the Applicant (owner) had knowledge at the time the driveway was removed he could not replace it. He clarified with the City Attorney it was permissible to question the Applicant, Mr. Bondade, again. Council Member Barb asked the Applicant, Mr. Bonade, if on August 18, 1987, whether he spoke to the Planning staff personally when permits were taken out to remodel his home, and whereby he was also told he could not remove the driveway and replace it. Mr. Bondade responded, he was not aware of any such conversation. He said his general contractor handled all the permits with the City. Mayor Cormack requested that staff look at this type of Ordinance so that residents are encouraged to keep their property up. The meeting recessed at 9:02 p.m. and reconvened at 9:10 p.m. with all Council Members present. Council Minutes 12/13/88 -4- ORAL COMMUNICATIONS - Items not on Agenda Mrs. Myrtle Risley, 7938 Phlox St., complained regarding the noise from Paramount Chevrolet and Downey Welding, and felt that business should not be conducted at the detriment to the surrounding neighborhood. Mr. Robert Bechtelheimer, President of the Downey Kiwanis Club, 10400 Paramount Blvd.#9, spoke regarding Kiwanettes lOk Run to assist Rancho Los Amigos and the proceeds being donated to a communications project at that facility. He asked for Council support in obtaining approval for this event as they have not heard anything yet from the City. Mayor Cormack responded Council had been talking to the City Manager and staff and did not have an answer yet. Council Member Hayden commented that organizations such as this involving the young people in the community should be encouraged. CONSENT CALENDAR Agenda Items VI-C-1, Completion of Cash Contract No. 537 - Fire Station No. 2 Remodel, 9556 Imperial Highway; and VI-C-4, Cash Contract No. 564 - South City Feeder Water Transmission Mains, were removed at the request of Council Member Boggs. Agenda Items VI-C-2, Cash Contract No. 561 - Rio Hondo Golf Course Service Yard Gas Island/Tank Replacement/Pavement Improvements; VI-E-4, Agreement between City of Downey and the Rio Hondo Temporary Home; and VI-F-3, Four -Way Stop at the Intersection of fifth Street and La Reina Avenue, were removed at the request of Council Member Barb. Agenda Item VI-F-1, Adjustment of Water Rates, was removed at the request of Council Member Paul. Agenda Item VI-C-3, Cash Contract No. 563 - Construction of Sidewalk and Wheelchair Ramps on Cheyenne Avenue, Paramount Boulevard to Downey Avenue, was removed at the request of Council Member Hayden. MINUTES: Adjourned Regular Meeting, November 15, 1988; Regular Meeting, November 15, 1988; Adjourned Regular Meeting, November 22, 1988; and Regular Meeting, November 22, 1988: Approve. CASH CONTRACT MO. 566 - TREE TRIMMING, CITYWIDE: Approve specifications and grant authority to advertise for bids: Approve. GENERAL WARRANTS #45882-46478, $2,219,709.97: Approve. ANNUAL FINANCIAL REPORT - FISCAL YEAR 1987-88: Approve. MANPOWER CHANGE FOR JOINT FIRE DISPATCH CENTER: Authorize increase in manpower level for Fire Dispatch Program and appropriate an additional $20,000 in personnel costs: Approve. CONTRACT/HEALTH INSURANCE CLAIMS ADMINISTRATION WITH HELLER & ASSOCIATES: Authorize staff to enter into an agreement with Heller & Associates to provide claims administration for City's self -funded medical indemnity plan: Approve. RENEWAL OF OPERATING AGREEMENT WITH SECURITY PACIFIC NATIONAL BANK FOR COMPENSATING BALANCE PROGRAM: Approve. RESOLUTION NO. 5087 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING PRISCILLA STREET A THROUGH STREET AT ITS INTERSECTION WITH KIPWAY DRIVE INVESTMENT POLICY - 1989: Approve. Council Minutes 12/13/88 -5- 8551 RESOLUTION NO. 5089 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING ZONE VARIANCE NO. 579 RESOLUTION NO. 5090 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING RESOLUTION NO. 4914 DATED JULY 28, 1987, AND ADJUSTING THE WAGE FOR THE PART-TIME HOURLY CLASSIFICATION OF LIBRARY PAGE It was moved by Council Member Boggs, 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 ORDINANCES: None (See Hearings) Paul, Barb, Boggs, Hayden, Cormack RESOLUTIONS: None (See Hearings and Consent Calendar) ADMINISTRATIVE REPORTS STREET SWEEPING CONTRACTOR SPECIFICATIONS Public Works Director Ralph summarized the Agenda Memo dated December 13, 1988, entitled "Street Sweeping Contractor Specifications (based on alternate side street sweeping). There was a motion to discuss. Council discussed the specifications with emphasis on 1) Section 14(b) relative to type of equipment; 2) number 1 on the memo page relative to sweeping experience on alternate sides of the street; and 3) whether the specifications are longer than necessary. Council Member Paul asked about the ability to use a broom when required (as opposed to the vacuum equipment) and Public Works Director Ralph stated that _ the current street sweeping company has that ability. Council Member Paul further stated that he had done further research on the cost of alternate side street sweeping. Council Member Barb stated that he is against going out to bid for alternate side street sweeping due to th expense. It was moved by Council Member Barb, seconded by Council Member Boggs, and carried 4-1 as amended (Council Member Hayden voting no) to return to the previous plan, establish the permit process, sweep both sides same day, and not go to bid on alternate side street sweeping; but allow alternate side sweeping to be posted as determined by staff to be necessary. It was moved by Council Member Paul, seconded by Council Member Hayden, and carried 3-2 (Council Members Boggs and Cormack voting no) to amend the foregoing motion to provide that the City go to weekly street sweeping six months after instigation of the above plan. Prior to the preceding vote, the following person approached the podium to speak: Mr. Art Marcella, 12736 Downey Ave., expressed opposition to permit parking. CITY BUDGET POLICY City Manager Davis summarized the staff report pursuant to the Agenda Memo dated December 13, 1988, which listed three options if Council wishes to change the existing budget policy. Council Member Barb discussed that the City has been funding 100 percent salaries the last few years, but only filling staff 85 to 90 percent. He recommended salary savings available could be allocated for other City uses; possibility of salary saving funds coming before Council before determination of Council Minutes 12/13/88 -6- 8592 spending of such funds; possibility that no salary savings could be transferred to other uses, other than salaries, without a vote from the Council; possibility of new items not budgeted, over $500, would require a Council vote, and under $500 would require a memo to the Council indicating that the City Manager felt it was necessary to make the purchase (items not scheduled, not in the budget, and not intended to be purchased, unless there is an emergency which would be within the scope of the City Manager's responsbility); items not budgeted, but requires replacement and is over $500, would require a Council vote; any transfer of specified budgetary funds would be done within the Department for which they were originally budgeted; and the City Manager would monitor and keep written files if Council were to question the process. Council Member Barb suggested staff may wish to refine these recommendations and if it was felt that these are too restrictive, give examples where it is felt they will not work. Hearing no objections, it was the consensus of the Council to continue this item to the next Council Meeting (January 10, 1989). ITEMS REMOVED FROM CONSENT CALENDAR CASH CONTRACT NO. 537 - FIRE STATION NO. 2 REMODEL, 9556 IMPERIAL HIGHWAY Council Member Boggs removed this item from the Consent Calendar to express her disapproval of Change Orders amounting close to $9,000. She feels it makes the original bids inaccurate. Fire Chief Irwin explained that in most cases there were overrides they had not anticipated prior to the bidding process, such as the Code requirement for tempered glass and the upgrade of the electrical service. He clarified for Council that these two items had been left out of the specifications. It was moved by Council Member Boggs, seconded by Council Member Barb, and unanimously carried to accept the improvements constructed and approve the increase in project cost of $8,769.65 with funding by the Community Development Block grant Fund. CASH CONTRACT NO. 561 - RIO HONDO GOLF COURSE SERVICE YARD, GAS ISLAND/TANK REPLACEMENT/PAVEMENT IMPROVEMENTS (ACCOUNT NOS. 52-17528 AND 52-17529) Public Works Director Ralph clarified that the gas tanks are used by the maintenance equipment on the golf course. Mr. Ralph also responded that the larger equipment, such as lawnmowers, etc., are moved from park to park and although they are not licensed to drive on the street, they are moved by trailer. He also mentioned the City owns the majority of the equipment. Mr. Ralph was asked to clarify for Council that the contract for the maintenance contractor hired to maintain the golf course included a requirement that the City supply a fuel facility. He said he would return to Council with this information. Mr. Ralph also clarified that the maintenance contractor maintains other golf courses in the area. It was moved by Council Member Barb, seconded by Council Member Hayden, and unanimously carried to continue this item to the Council Meeting of January 10, 1989, so that staff could supply further information on maintenance contract. CASH CONTRACT NO. 563 - CONSTRUCTION OF SIDEWALK AND WHEELCHAIR RAMPS ON CHEYENNE AVENUE, PARAMOUNT BOULEVARD TO DOWNEY AVENUE Council Member Hayden asked for clarification on the responsibility to grade and reseed grass around areas where sidewalks have been constructed (property owner side). Public Works Director Ralph responded that on private property it is the property owner's responsibility, but the City does minor grading (since they have the equipment already there). He explained the City contracts for concrete installation, not landscaping, this cost is borne by the adjacent property owner and it is legally their responsibiity. Council Member Hayden expressed disapproval as to the condition the neighborhood is often left. It was moved by Council Member Hayden, seconded by -Council member Barb, and unanimously carried to accept the contract work and authorize staff to file a Notice of Completion. Council Minutes 12/13/88 -7- 85',33 CASH CONTRACT NO. 564 - SOUTH CITY FEEDER WATER TRANSMISSION MAINS - ADDITIONAL ENGINEERING SERVICES Council Member Boggs removed this item from the Consent Calendar as the attachment referred to in the Agenda Memo dated December 13, 1988, was not attached. Public Works Director Ralph explained this is basically the original agreement the City signed with the Contractor to do plans and specifications for a water main on Paramount Boulevard down and across Imperial Highway and up to Woodruff Avenue. He added this agreement extends the contract to the same conditions of pay to construct the line that goes from the end of Imperial Highway to Paramount Boulevard to the Rancho Los Amigos Development, and some work that extends on Imperial Highway and Old River School Road. He specified that all costs involved in this project are refundable and fully paid by the County of Los Angeles. It was moved by Council Member Boggs, seconded by Council Member Paul, and unanimously carried to approve additional engineering services, that will be reimbursed by the County of Los Angeles, in the amount of $28,000. AGREEMENT BETWEEN CITY OF DOWNEY AND THE RIO HONDO TEMPORARY HOME Council Member Barb removed this item from the Consent Calendar to advise he will be voting in opposition to this. It was moved by Council Member Boggs, seconded by Council Member Paul, and carried 3-2 (Council Members Barb and Hayden voting no) to authorize the Mayor to execute the agreement between the City of Downey and the Rio Hondo Temporary Home. ADJUSTMENT OF WATER RATES Council Member Paul removed this item from the Consent Calendar and expressed concern regarding comments by the Water Advisory Board at their November 16, 1988 meeting. He also clarified with Public Works Director Ralph that the water rates have increased 25 to 30 percent during the last year for current operation and capital improvements. Council Member Paul asked for additional information and facts before pursuing this matter further. Mr. Ralph commented that it has been tradition over the past several years to look at and make recommendations on the water rates every year, as opposed to waiting every five years or so and having a large increase. Council Member Paul expressed concern over the water quality issue and was advised by Mr. Ralph this would be discussed at a future meeting. Mayor Cormack voiced strong opposition to any water rate increase so soon after the 25 to 30 percent rate increase this year. Mr. Ralph responded if this was the wish of Council, he said staff would need direction as to the amount of money that goes toward capital improvements or to reduce some portion of their operations. Council Member Barb said the City raised the rates previously with the objective of saving the City about ten million dollars in interest in the next few years; he related this has been successful so far. Council Member Barb remarked this is the first time the City has ever had a complete system that was adequate with an increase in quality as well as service. He said he understood at that time the City would still have to do cost of living increases each year to maintain the basic services. Council Member Barb stated he feels a previous commitment has already been made. Council Member Boggs reiterated Council Member Barb's statements. Council Member Hayden explained she was not involved in the previous water rate increase and would like additional information. Council Minutes 12/13/88 -8- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING WATER RATES FOR THE CITY OF DOWNEY AND RESCINDING RESOLUTION NO. 4948 The Resolution was read by title only. It was moved by Council Member Barb, seconded by Council Member Boggs, and failed 2-3 (Council Members Paul, Cormack, and Hayden voting no) to waive further reading and to adopt. It was moved by Council Member Boggs and seconded by Council Member Hayden to reconsider this matter. Hearing no objections, it was so ordered. Council Member Boggs reminded the Council of their October 27, 1987 direction to staff when Council rejected all bids for water bonds and set forth a pay as you go procedure. She indicated this would be in conflict with that previous direction. Council Member Paul mentioned that water quality had not been discussed; inquired as to how much capital improvements has been done in the past year; would like sufficient background and information, and a breakdown of costs. City Manager Davis responded that the 1988-89 Budget Report projected a 4 percent increase in water rates and that was approved by Council in June 1988. It was moved by Council Member Paul, seconded by Council Member Boggs, and unanimously carried to continue this item for further information. FOUR-WAY STOP AT THE INTERSECTION OF FIFTH STREET AND LA REINA AVENUE Council Member Barb removed this item from the Consent Calendar to discuss the following: There are a number of areas in the City that have become restrictive to travel during rush hour, particularly for Downey residents; felt the problem at this intersection is due to parked vehicles; and mentioned additional signage has been put at location. He asked Public Works Director Ralph to give Council an update on this location since the additional signs have been put in. Mr. Ralph responded that there are about four accidents per year at this intersection that are considered correctable by a stop sign. He said there has been no improvement at this intersection since the signage was changed (yellow warning signs), but as the signs only went in a few months ago, he said it would take a year before this could be addressed more fully. Council Member Barb asked that the City not do this type of signage unless it is absolutely necessary. RESOLUTION NO. 5088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING THE INTERSECTION OF FIFTH STREET AND LA REINA AVENUE AS A FOUR-WAY STOP INTERSECTION The Resolution was read by title only. It was moved by Council Member Paul, seconded by Council Member Boggs, and carried 4-1 (Council Member Barb voting no) to waive further reading and to adopt. OTHER BUSINESS AND ITEMS FOR FUTURE AGENDA STAFF MEMBERS: None CITY COUNCIL: Council Member Paul 1. Asked that DARE Program (to include 8th grade) be placed on future Agenda. 2. Asked the status of Recruitment of Design Review Board Members. 3. Asked the status of Charter Review Board Report. Council Minutes 12/13/88 -9- Council Member Barb: 1. Asked for report regarding Barking Dog Nuisance and role of SEAACA and City Prosecutor enforcement. Mayor Cormack: 1. Announced Downey PTA (Helps Program) has invited City Council to come by to view food distribution at Unsworth School from December 19- 23. The City dontated $2,000 to this Program. Council Member Boggs: 1. Invited those who are interested to accompany her to the Rio Hondo Temporary, Home in the City of Norwalk. She said the residents are allowed to stay at the home sixty days and are encouraged to go to work. Council Member Boggs advised that people with mental illness, drug or alcohol problems are admitted. ADJOURNMENT The meeting was adjourned at 11:00 P.M. JenA�ouier<- asurer Council Minutes 12/13/88 -10-