HomeMy WebLinkAboutMinutes - 03-14-95 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
MARCH 14, 1995
T A B L E O F MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Introduction of new Fire Firefighers 1
Certificate of Appreciation to Eagle Scout Pedro Torres 1
Proclamation re March 1995 as Mental Retardation
Awareness Month 1
Proclamation re recent celebration of Keywanettes Week 1
Proclamation re Poison Prevention Week 1
Water Replenishment District Presentation 2
Ord. allowing the keeping of Racing /Homing Sport
Pigeons on Single - Family Residentially Zoned Property Introduced 4
Raul Andrade re problems with neighbor and Code Enforce-
ment notice concerning his motorhome 5
Richard Pridham re inability of local government to
assist Mr. Andrade with his problem 5
Council Minutes: Adj. & Regular Meetings, 2/28/95 Approved 5
Cash Contract #597 - Urgent Tree Trimming, Citywide:
Waive minor bid irregularity, award unit price
contract to Landscape Engineering, Inc., & authorize
staff to issue change order Approved 5
Warrants Issued: #108478 - 108842 Approved 5
Submittal of South Coast Air Quality Management
Dist. (AQMD) Work Trip Reduction Plan - Rule 501
Annual Analysis Approved 5
Res. #5866, Rescinding that portion of Res. #1956
Calling for "No Parking" Restriction on east side of
Woodruff Av. from the 1-105 Freeway to Imperial Hwy. Adopted 6
Res. #5867, to Implement & Enforce State Tobacco
Control Law (Calif. Labor Code Sec. 6404.5) Adopted 6
Supplemental Appropriations - Fire & Police Depts.:
Approval of Additional General Fund Appropriations &
Inter -Fund Transfer from Employee Benefit Fund to the
General Fund Approved 6
Page 1 of 2
COUNCIL MINUTES, MARCH 14, 1995
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Survey of Cities re Council Reimbursement Ref. to Budget study 6
City Attorney discussion of Brown Act requirements
for establishing items discussed in Closed Session 7
Cn. McCaughan suggested establishing drug free zones
in Downey Ref. to Police Chief 7 -
Cn. McCaughan re need to maintain tree trimming in
City in view of recent rainstorms 7
Cn. McCaughan re complaints on length of sewer project
on Rives bet. Firestone & Florence 7
Cn. McCaughan responded to remarks of Mr. Pridham 7
Cn. Brazelton expressed opposition to any increase in
City Council reimbursement 7
Cn. Boggs requested report on street situation & sewer
problems ems at Everest & Bi rchdal e 8
Mayor Riley re need for more efficient water pump at
underpass on Imperial Hwy. 8
City Manager Caton mentioned Council Member Boggs'
trip to Washington D.C. to meet with legislators on
the FEMA & LACDA project 8
City Manager Caton encouraged attendance at Board of
Supervisors Meeting on April 6th re environmental
document that will allow LACDA Project to proceed 8
City Manager Caton mentioned NASA's potential closure
of Rockwell & planned trip by Council Members to
Washington D.C. to discuss with legislators 8
City Manager Caton announced plans of Massy Chevrolet
to construct showroom 8
City Manager Caton remarked on Penske Honda expansion
of display area & contribution of funds to Cal trans for
clearing overgrowth along 605 Freeway area & installing
new plantings in R/W 8
Adjournment in Memory of Harold Raymond Bates, father
of City employee Valerie Nelson 8
Adjourned to 6:30 p.m., March 28, 1995 8
Page 2 of 2
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
MARCH 14, 1995
The City Council of the City of Downey held a regular meeting at
7:44 p.m., March 14, 1995, in the Council Chamber of the Downey City Hall,
Mayor Barbara J. Riley presiding.
PRESENT: Council Members:
Barbara J. Riley, Mayor
.._, Gary P. McCaughan, M.D., Mayor Pro Tem
Joyce L. Lawrence
Robert S. Brazelton
Diane P. Boggs
ALSO PRESENT: Gerald M. Caton, City Manager
Cheryl J. Kane, City Attorney
Judith McDonnell, City Clerk
Lee Powell, Assistant City Manager
Greg C a l d w e l l , Police Chief
Ron Irwin, Fire Chief
Jim Jarrett, Director of Community Services
Art Rangel, Di r. of Economic & Community Development
Richard Redmayne, Director of Public Works
Lowell W i l l i a m s , Director of Finance
Ron Yoshi ki , Asst. Community Dev. Director /City Planner
Robert Brace, City Engineer
Bob Gallagher, Building Official
Greg Mayfield, Water /Sanitation Superintendent
Franklin De Groot, Principal Planner
Cindi Lee, Executive Secretary
PRESENTATIONS
Chief Irwin introduced Downey Firefighters Chris Bohannon, Jose Garcia,
Frank Cul hno , Ted Wal d rup , Ted Matsumoto, and Floyd Horn III, as the six new
firefighters recently hired by the City.
Mayor Riley presented a Certificate of Appreciation to Mr. Pedro Torres on
his attainment of Eagle Scout status.
Mayor Riley presented a Proclamation declaring March, 1995, as Mental
Retardation Awareness Month to Mr. Frank Marchico, Mr. Kevin MacDonald, and Ms.
Betty Morris, representing the Association for Retarded Citizens (ARC).
Mayor Riley presented a Proclamation regarding the recent celebration of
Keywanettes Week to Ms. Nora Casi l l as , member of Keywanettes.
Mayor Riley presented a Proclamation declaring March 19 -25, 1995 as Poison
Prevention Week to Ms. Judith Campbell, County of Los Angeles Public Health
Services, Lead Program.
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WATER REPLENISHMENT DISTRICT PRESENTATION
Mr. Fred Cardenas, General Manager of the Water Replenishment District,
briefly summarized the history and services of the District, which was formed
in 1959. He discussed various responsibilities of the District and cited its
funding sources which include the Clean Water Fund, Replenishment Fund, and
Administrative Fund. He referenced material containing graphs and charts,
copies of which he distributed at the end of his presentation.
Council Member Boggs inquired about the necessity of recent substantial
cost increases.
Mr. Cardenas outlined specific projects which have resulted in higher
consumer costs, such as implementation of clean water programs, the in -lieu
program that promotes the purchase of Metropolitan Water District (MWD) water
through rebates, the Whittier Narrows Contaminent Project, storm water use,
recyclable water programs, and water quality programs. Responsding to
questions, Mr. Cardenas explained the District is subject to formal audits that
are available for review upon request.
Council Member Brazelton requested the District's formal audit statements
be sent to the City in the future to promote awareness of the cost situation.
He questioned the composition of the District's Board of Directors and was
informed there are five directors, who are elected to four year terms,
respectively.
Council Member McCaughan noted many complaints are received from the
public because the increases are passed on to them, and suggested an available
listing of the projects and costs may help to explain the reasons for the
increase. He expressed concern with the high pump tax as the largest cost, and
was informed this tax accounts for the entire budget of the Water Replenishment
Di strict.
Mr. Cardenas explained the District purchases a great amount of water from
MWD, and as their prices rise, the District must also increase their rates.
He also discussed the organizational structure of the District with the Central
Basin prior to the District's separation in 1990.
Council Member Brazelton inquired about future trends in water rates and
associated costs.
Mr. Cardenas referred to a chart of proposed increases in the
Replenishment Assessment, citing a possible maximum increase to $257 per acre
foot by the year 1999, depending on MWD rates. He introduced Mr. Gary Morris,
Director of Central Basin, in the audience, noting the District is also con-
cerned with rising MWD rates.
Council Member Boggs requested the City receive information on water
programs and rates on a consistent basis in the future.
Mayor Riley asked if there was anyone present in the audience wishing to
speak on this matter.
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Mr. Lennie Whittington, 8542 Manatee St., expressed concern that the
separation of the Replenishment District from the Central Basin has caused
ongoing bureaucratic costs resulting in the need for rate increases. He
suggested the City buy its water directly from MWD if this would save money.
Mr. Richard Pridham, 10402 Bellman Ave., mentioned he was pleased to hear
the Council asking significant questions regarding this matter, and suggested
contacting legislators about the extraordinary high rates.
Mr. Cardenas explained the necessary reasons for the District's separation
from the Basin. He noted the price of MWD water to the District is discounted
and, therefore, it would not be prudent for the City to buy its water directly
from MWD.
HEARINGS
Mayor Riley opened the public hearing on PROPOSED CODE AMENDMENT NO. 94 -41
RELATING TO THE KEEPING OF RACING/HOMING SPORT PIGEONS ON R -1 (SINGLE FAMILY
RESIDENTIAL) ZONED PROPERTIES, which was continued from the Meeting of February
28, 1995.
There was no correspondence received regarding this matter.
Mr. Yoshiki explained this matter had been continued to allow staff an
opportunity to return with options for consideration regarding minimum lot size
and enforcement requirements. After further review, staff is recommending two
possible options: Option A regarding establishing a minimum lot area of 7500
square feet with a street frontage of 60 feet; and Option B which relies upon
conditions of approval of the Conditional Use Permit to insure compliance with
City standards.
Mayor Riley asked if there was anyone present wishing to speak in favor of
the proposed Code Amendment.
Mr. Luther Nelson, Pastor of Trinity Lutheran Church, Norwalk, commented
on his experience raising racing /homing pigeons and indicated he basically uses
them at weddings and funerals. The people who own legitimate racing /homing
pigeons are protective of their investment and will comply with regulations.
Other individuals owning less - expensive birds and are not enthusiastic
hobbyists may be the source of concerns previously discussed by Council.
Ms. Karen Goldman, 3800 Alameda Ave., Burbank, attorney representing the
California State Racing Pigeon Organization (CSRPO), noted the Conditional Use
Permit process has built -in safeguards regarding lot size, sanitation and
health controls. The CSRPO is concerned that random inspections could harm the
inspector with regard to other pets on the premises, and a possibility of
escaping mating pigeons should the loft be opened. It is important that some
notification be given prior to inspection to avoid these potential liabilities.
Mr. Phil Adsit, 13200 Blodgett Ave., described the differences between a
common pigeon and racing /homing pigeons, and showed an illustration of the
latter pigeon to the audience. He noted his loft is open to anyone wishing to
visit the pigeons, and commented on the lack of big gambling involved in this
activity in the area.
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There being no one else wishing to speak in favor and no one present to
speak in opposition, it was moved by Council Member Lawrence, seconded by
Council Member McCaughan, and unanimously carried to close the public hearing.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING
THE CITY'S ZONING CODE, SECTION 9136.18(b) ALLOWING THE KEEPING
OF RACING /HOMING SPORT PIGEONS ON SINGLE FAMILY RESIDENTIALLY
ZONED PROPERTY
The Ordinance was read by title only. It was moved by Council Member
McCaughan and seconded by Council Member Lawrence to include Option A r e g a r d i n g
minimum lot size and Option B concerning inspection of property (motion later
withdrawn) .
Council Member Brazelton indicated the Conditional Use Permit process
would restrict the lot size, and he preferred the original form of the
Ordinance, or Option C referenced in staff's report.
Council Member Boggs commented on problems she has experienced living near
pigeons, and discussed the proximity of lofts to accessory buildings and
residences. The problem with inspection notification is that lofts will most
certainly be cleaned prior to any planned inspection visit.
Council Member McCaughan favored the Conditional Use Permit process for
inspection purposes, noting that inspectors could view lofts from neighbor's
property with their permission.
Council Member Lawrence expressed support of the Ordinance as originally
presented, without a specified minimum lot size or inspection requirement.
After further discussion, Council Member McCaughan withdrew his motion
with concurrence of the second.
It was moved by Council Member McCaughan, seconded by Council Member
Lawrence, and carried by the following vote to approve Option B regarding
reliance upon the requirements of the Conditional Use Permit process concerning
property inspection:
AYES: 4 COUNCIL MEMBERS: Lawrence, McCaughan, Brazelton, Riley
NOES: 1 COUNCIL MEMBERS: Boggs
It was moved by Council Member McCaughan and seconded by Council Member
Boggs to approve Option A for minimum lot size of 7500 square feet (motion
later withdrawn) .
Council Member Brazelton reiterated his previous comments that require-
ments of the Conditional Use Permit process provide adequate protection
regarding lot size and favored Option C, retaining the Ordinance as initially
recommended without consideration for lot size.
Mayor Riley and Council Member Lawrence concurred with Council Member
Brazelton.
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Council Member McCaughan withdrew his motion with concurrence of the
second.
It was moved by Council Member Brazelton, seconded by Council Member
Lawrence, and unanimously carried to approve Option C, retaining the Ordinance
as recommended without consideration for lot size.
It was moved by Council Member Brazelton, seconded by Council Member
Lawrence, and unanimously carried to waive further reading of the Ordinance.
It was moved by Council Member McCaughan, seconded by Council Member
Brazelton, and unanimously carried to introduce, including Option C regarding
minimum lot size, and Option B regarding inspection of property.
ORAL COMMUNICATIONS
Mr. Raul Andrade, 8213 De Palma St., requested assistance with problems he
is having with his neighbor throwing human excrement onto his property, and
complained about a notice he received from Code Enforcement regarding a Code
violation involving his motorhome.
Council Member Brazelton suggested pursuing a civil action to assist him
with his problem with the neighbor.
Mr. Andrade was referred to Sergeant Parks of Code Enforcement Division
regarding the Code Enforcement notice about his motorhome.
Mr. Richard Pridham, 10402 Bellman Ave., expressed dismay that local
government could not offer more assistance to Mr. Andrade concerning the
problem with his neighbor.
CONSENT CALENDAR - ITEMS FOR REMOVAL: None.
CONSENT CALENDAR
It was moved by Council Member Boggs, seconded by Council Member
Brazelton, and unanimously carried to waive further reading of the Resolutions
and approve the Consent Calendar as recommended:
COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, FEBRUARY 28, 1995:
Approve.
CASH CONTRACT NO. 597 - URGENT TREE TRIMMING, CITYWIDE: Waive a minor bid
irregularity, award a unit price contract to Landscape Engineering Inc., in the
amount of $19,343.00, and authorize staff to issue a change order in an amount
not to exceed $4,835 for urgent tree trimming Citywide: Approve.
WARRANTS ISSUED: NO. 108478 - 108842, $802,488.92: Approve.
SUBMITTAL OF SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (AQMD) WORK TRIP
REDUCTION PLAN - RULE 1501 ANNUAL ANALYSIS: Approve.
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lbl°* RESOLUTION NO. 5866 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
RESCINDING THAT PORTION OF RESOLUTION NO. 1956 CALLING
FOR A "NO PARKING" RESTRICTION ON THE EAST SIDE OF
WOODRUFF AVENUE FROM THE I -105 FREEWAY TO IMPERIAL HIGHWAY
RESOLUTION NO. 5867 (ADOPT)
A RESOLUTION OF THE CITY COUNCIIL OF THE CITY OF DOWNEY
TO IMPLEMENT AND ENFORCE THE STATE TOBACCO CONTROL LAW
(CALIFORNIA LABOR CODE SECTION 6404.5) __ 1
ORDINANCES NOT SET FORTH ABOVE: None.
RESOLUTIONS NOT SET FORTH ABOVE: None.
ADMINISTRATIVE REPORTS
SUPPLEMENTAL APPROPRIATIONS - FIRE AND POLICE DEPARTMENTS
Mr. Powell explained staff's recommendation is to use a credit the City is
currently receiving from the Public Employee Retirement System (PERS) to
finance supplemental costs of the new labor agreements with the Fire and Police
Associations.
It was moved by Council Member Lawrence, seconded by Council Member
McCaughan, and unanimously carried to approve additional General Fund
appropriations of $1,237,345 and approve an inter -fund transfer from the
Employee Benefit Fund to the General Fund in the amount of $1,237,345.
CONSENT CALENDAR: Items Removed by Council Approval: OTHER BUSINESS CONS y None .
OTHER BUSINESS - COUNCIL MEMBERS
SURVEY OF CITIES REGARDING COUNCIL REIMBURSEMENT
Council Member Boggs commented on the wide span of Council reimbursements
outlined in the survey of cities, including such items as car allowances and
insurance coverage, and discussed the role of the Council as a policy-setting
body. She noted the last time that consideration was given to Council's
reimbursement rates was August 25, 1987, and mentioned that some people are
eliminated from running for City Council office because they cannot afford the
expenses that are not covered. She referenced an article in the Los Angeles
Times dated March 9, 1995, regarding compensation for various local officials,
and requested consideration be given to increasing the Council's reimbursement
rates at the next budget study session.
Council Member Lawrence noted that Section 4 of the Ordinance No. 858
states that reimbursement of certain minimum expenses incurred shall be
automatically adjusted on August 1st of each year, equivalent to the percentage
change in the Consumer Price Index. She agreed it is not out of l i n e to
request an increase in the reimbursement rate to meet more of today's expenses
involved in representing the City as a Council Member.
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Council Member Boggs indicated the adjustment referenced in Ordinance No.
858 has never been done.
Mr. Lennie Whittington, 8542 Manatee St., mentioned that Council Members
serve on various committees and boards and receive payment for this service,
which should also be considered when adjusting the reimbursement rate.
Council Member Lawrence noted some of the committees on which she serves
and the payment for each. She explained the committee and board meetings
attended by Council Members involve responsibilities to other organizations
which interact with the City, and greatly impact public policy.
Mr. Caton mentioned staff will return with this item during the budget
study session as requested.
CITY ATTORNEY DISCUSSION OF BROWN ACT REQUIREMENTS FOR ESTABLISHING ITEMS
TO BE DISCUSSED IN CLOSED SESSION
Council Member Lawrence explained the reason she requested this
information is to respond to local press reports that falsely imply the City
Council is not following the law regarding Closed Session matters.
Ms. Kane summarized her report regarding Closed Session provisions under
the Ralph M. Brown Act, which included the scope of Closed Sessions and the
notice requirements.
Council Member Lawrence noted that recent changes in the Brown Act
regarding information to be divulged have also been followed.
Council Member McCaughan mentioned reading about drug -free zones in other
cities and inquired into designating schools, parks and other publicly
designated facilities as drug -free zones in the City, which allow for another
year of punishment to be added if a drug arrest or other related criminal
activity occurs in these areas.
Council Member McCaughan commented on the need to maintain tree trimming
in the City, especially in view of the recent heavy rainstorms.
Council Member McCaughan mentioned complaints received regarding the sewer
project on Rives Avenue between Firestone Boulevard and Florence Avenue, that
has disrupted traffic for some time, and inquired as to the status of the
situation.
Mr. Redmayne explained the current work being done on pipes in the sewer
lines.
Council Member McCaughan responded to remarks made by Mr. Pridham
regarding the Council's apparent nonconcern with Mr. Andrade's problem
involving his neighbor, noting he had not heard of the problem until tonight
and that a public official should not act before he knows all the facts.
Council Member Brazelton discussed his philosophy regarding serving on the
Council as an extension of volunteerism in the community, and indicated he w i l l
not be in favor of increasing reimbursement rates at any time.
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Council Member Boggs requested a report on the street situation and water
problems at Everest Street and Bi rchdal a Avenue.
Mayor Riley commented on the need for a more efficient water pump at the
underpass on Imperial Highway.
OTHER BUSINESS - Staff Members
City Manager Caton mentioned Council Member Boggs will be visiting
Washington D.C. the end of this month to meet with legislators on the FEMA and
LACDA project since there is a movement under way to take funding from flood
control projects. Also, he encouraged attendance at the Los Angeles County ..-
Board of Supervisors meeting on April 6th when they will be voting on the
environmental document that would allow the LACDA project to proceed.
City Manager Caton discussed NASA's proposal to potentially close
Rockwell , Downey's largest employer. He also noted the planned trip by Council
Members Brazelton and Lawrence to discuss this matter with legislators in
Washington.
City Manager Caton announced Massey Cadillac/Chevrolet has submitted plans
to upgrade its facility, with a new showroom to be constructed on the Chevrolet
portion occupying the City's property.
City Manager Caton indicated Penske Honda has purchased the gas station
property on Studebaker Road and expanding its display area; al so, he noted
Penske contributed funds to Cal trans to cleanup the overgrowth along the 605
Freeway area and install new plantings in the right -of -way.
ADJOURNMENT: 9:55 p.m.
The meeting was adjourned in memory of Harold Raymond Bates, father of
City employee Valerie Nelson, Building Department, to 6:30 p.m., March 28,
1995, in the Council Chamber of Downey City Hall .
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Council Minutes 3/14/95 -