HomeMy WebLinkAboutMinutes - 07-11-95 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOW ICE Y
JULY 11, 1995
T A B L E O F MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Certificates of Reappointment 1
Video presentation, "Welcome to Energy Resource Center" 1
Res. #5888, establishing Zone L & confirming 1995 -96
Fiscal Year Assessment for Ltg. Maint. Dist. A.D. 121 Adopted 2
Items removed from Consent Calendar 2
Council Minutes: Adjourned Regular Meeting, 6/27/95 Approved 2
Warrants Issued: #111856 - 112288 Approved 3
Extension of Agreement with Washington Consultant
E. Del Smith through July 1, 1996 Approved 3
Res. #5889, proposing to annex certain areas into
Ltg. Maint. Dist. A.D. 121 & ordering Engineer's
Report (Annex. 95/01 - 95/09) Adopted P 3
Res. #5890, approving Engineer's Report for addition
to Ltg. Maint. Dist. A.D. 121 (Annex. 95/01 - 95/09) Adopted 3
Res. #5891, declaring intent to annex certain areas
into Ltg. Maint. Dist. A.D. 121 & furnish and maintain
electrical current to street light fixtures Adopted; ; N r . set
p � 9
(Annex. 95/01 - 95/09; Sets hearing 8/8/95) 8/8/95
Ord. #1003, amending Downey Municipal Code re
Shared -Use Parking in the Central Business Dist. Adopted 3
Guidelines for Time Extension on Roof Signs' Abatement Cont. to 7/25/95 3
Request to waive permit fees for Rose Float Assoc.
Building - Wilderness Park Approved 4
City Attorney Letter regarding overcrowding in single -
family residences Received & filed 5
Joseph A. Davis commended staff for prompt response to
his tree complaint; noted emphasis on technology
at Energy Resource Center portrayed in video 5
Council Minutes, Regular City Council Mtg. - 6/27/95 Approved as amended 5
Page 1 of 2
COUNCIL MINUTES, JULY 11, 1995
TABLE OF MINUTE ACTIONS (COWrINuED)
SUBJECT ACTION PAGE NO.
Cn. Brazelton thanked Mr. Davis for complimenting
staff on response to tree complaint 5
Cn. Riley mentioned Downey is in sound financial
condition 5
Cn. Boggs re court case ruled against City & voiced
concern with how the City will pay the awarded amount 5
Cn. Lawrence thanked Mr. Davis for working together
with staff to resolve tree complaint 6
Mayor McCaughan commented on letter written to
President Clinton re LACDA project and efforts of
one group to destroy progress made in this area 6
Mr. Caton re high cost of flood insurance inevitable
if LACDA project does not proceed; urged residents
to contact President voicing support of project 6
Mr. Caton re County letter notifying City they w i l l
y y
no longer accept individual arrests for misdemeanors 6
Mr. Caton noted excellent review given Rio Hondo Golf
Course by U.S. Golf Association 6
Recess to Closed Session
6
Adjourned to 6:30 p.m., July 25, 1995 6
Page 2 of 2
MINUTES OF THE CITY COUNCIL ' =
OF TFE CITY OF DOWNE Y
JULY 11, 1995
The City Council of the City of Downey held a regular meeting at 7:37 p.m.,
July 11, 1995, in the Council Chamber of the Downey City Hall , Mayor Gary P.
McCaughan presiding.
PRESENT: Council Members:
Gary P. McCaughan , M.D., Mayor
Joyce L. Lawrence, Mayor Pro Tem
Robert S. Bra zel ton
Diane P. Boggs
Barbara J. Riley
ALSO PRESENT: Gerald M. Caton , Ci ty Manager
Cheryl J. Kane, City Attorney
Judith McDonnell, City Clerk
Greg Caldwell , Pol ice Chief
Ron Irwin, Fire Chief
Jim Jarrett, Director of Community Services
Art Rang el , Dir. of Economic & Community Development
Lowell Williams, Director of Finance
June Yot s uya, Assistant to the City Manager
Robert Brace, City Engineer
Bob Gallagher, Building Official
Ed Vel asco, Housing Manager
Erik Zandvl iet, Traffic Engineer
Mark Sell he im , Principal Planner
Cindi Lee, Executive Secretary
PRESENTATIONS
Council Member Ri 1 ey presented a Certificate of Reappointment to Mr.
Ken Bec kn er , Water Advisory Board - District 2.
Council Member Lawrence presented Certificates of Reappointment to Mr.
Meredith Perkins, Planning Commission - District 5, and Mr. Matthew Pizzo,
Traffic Committee - District 5.
A video entitled "Welcome to the Energy Resource Center" was viewed.
HEARINGS
Mayor McCaughan opened the publ ic hearing on LIGHTING MAINTENANCE
DISTRICT A.D. 121, FISCAL YEAR 1995 -96, ESTABLISHING ZONE L AND CONFIRMING
1995 -96 DISTRICT LEVY.
Ms . McDonnell affirmed receipt of the proof of publication. It was
moved by Council Member Lawrence, seconded by Council Member Riley, and so
ordered to receive and fi 1 e.
Council Minutes 7/11/95 -1-
i v
Commenting on staff's recommendation, Mr. Brace explained that
establishing a new Citywide Zone L i s necessary for street and p ubl i c
facility landscaping maintenance, specifically to address the backlog of
City trees that require trimming. He discussed the exi sting assessment
rates which wi 11 decrease or remain the same, such as the zero assessment in
the Residential Zone, and noted the Commercial Zone will increase
slightly. The required public information meeting was conducted and al 1
legal notifications were made.
Mayor McCaughan asked if any correspondence was received on this matter
and Ms. McDonnell indicated a letter of protest was received from Duane and
Leona Hanson, 10357 Newv it 1 e St ., Downey.
It was moved by Council Member Riley , seconded by Council Member
Brazel ton, and so ordered to receive and fi 1 e the correspondence.
There being no one present wishing to speak in favor or opposition of
the proposed Zone L establishment and confirmation of the 1995 -96 Di strict
Levy , it was moved by Council Member Riley, seconded by Council Member
Brazel ton, and so ordered to close the public hearing.
RESOLUTION NO. 5888
A RESOLUTION OF TEE CITY COUNCIL OF TI-E CITY OF DOWhE Y
ESTABLISHING ZONE L AND CONFIRMING TI-E 1995-96 FISCAL
YEAR ASSESSMENT FOR LIGHTING MAINTENANCE DISTRICT A.D. 121
The Re s of u t i o n was read by ti t l e only. It was moved by Council Member
Ri 1 ey, seconded by Council Member Brazel ton, and unanimously carried to
waive further reading and adopt.
Prior to voting, the Council Members commented in favor of the proposed
Zone L assessment, with Council Members Boggs and Lawrence indicating they
were each contacted by Mr. Ken Mil 1 er, voicing his opposition.
CONSENT CALENDAR - ITEMS FOR REMOVAL
Council Member Boggs requested removal from the Consent Calendar of
Agenda Item V I -A-2, COUNCIL MINUTES - REGULAR MEETING, JUNE 27, 1995.
CONSENT CALENDAR
It was moved by Council Member Lawrence, seconded by Council Member
Brazel ton, and unanimously carried to waive further reading of the Resolutions
and approve the remainder of the Consent Calendar as recommended (Council
Member McCaughan abstaining on Item B of the Minutes of the Adjourned Regul ar
Meeting , June 27, 1995 ) :
COUNCIL MINUTES: ADJOURNED REGULAR MEETING, JUNE 27, 1995: Approve.
WARRANTS ISSUED: NO. 111856 - 112288, $1,840,047.99: Approve.
EXTENSION OF AGREEMENT WITH WASHINGTON CONSULTANT E. DEL SMITH to provide
continued consultant services to the City through July 1, 1996: Approve.
Council Minutes 7/11/95 -2-
1
RESOLUTION NO. 5889 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWhE Y
PROPOSING TO ANNEX CERTAIN AREAS INTO THE LIGHTING MAINTENANCE
DISTRICT A.D. 121 AND ORDERING THE ENGINEER TO PREPARE AND
FILE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF
1972 (ANNEXATIONS 95/01 THROUGH 95/09)
RESOLUTION NO. 5890 (ADOPT)
A RESOLUTION OF TI-E CITY COUNCIL OF THE CITY OF DOW/E Y
APPROVING THE ENGINEER'S REPORT FOR THE ADDITION TO
-`` LIGHTING MAINTENANCE DISTRICT A.D. 121
(ANNEXATIONS 95/01 TI-ROUGH 95/09)
RESOLUTION NO. 5891 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWN Y
DECLARING ITS INTENTION TO ANNEX CERTAIN AREAS INTO
THE LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO
FURNISH AND MAINTAIN ELECTRICAL CURRENT TO STREET
LIGHTING FIXTURES ON STREETS AND PUBLIC PLACES
(ANNEXATIONS 95/01 THROUGH 95/09)
(SETS HEARING AUGUST 8, 1995)
ORDINANCES NOT SET FORTH ABOVE
ORDINANCE NO. 1003
AN ORDINANCE OF TI-E CITY COUNCIL OF THE CITY OF DOWIE Y
AMENDING THE DOW NE Y MUNICIPAL CODE BY ADDING
SECTION 9150.25 RELATIVE TO SHARED -USE PARKING
The Ordinance was read by title only. It was moved by Council Member
Boggs, seconded by Council Member Brazel ton, and unanimously carried to waive
further reading and adopt.
RESOLUTIONS NOT SET FORTH ABOVE: None.
ADMINISTRATIVE REPORTS
GUIDELINES FOR TIME EXTENSION ON ROOF SIGNS' ABATEMENT
Mr. Caton noted that Chamber of Commerce President Greg Fuller has
requested this item be continued to the next Council Meeting, as he is unable
to be present tonight and would like to comment on this issue.
Hearing no objections, it was moved by Council Member Riley, seconded by
Council Member Lawrence, and unanimously carried to continue the matter to the
Council Meeting of July 25, 1995.
Council Minutes 7/11/95 -3-
�. s
REQUEST TO WAIVE PERMIT FEES FOR ROSE FLOAT ASSOCIATION BUILDING -
WILDERNESS PARK
Mr. Brace explained the Rose Float Association is in the process of
constructing a building at Wilderness Park which will become City -owned upon
completion, and the Association has requested waiver of permit fees. The
pol icy of no -fee permits issued to contractors for buildings constructed for
the City could apply to this situation since the City will own the facility.
It was moved by Council Member Riley, seconded by Council Member Lawrence,
and unanimously carried to waive permit fees for plan checking by various City
Departments for construction of the Rose Float Association building at
Wilderness Park. ._...
CITY ATTORNEY LETTER REGARDING OVERCROWDING IN SINGLE - FAMILY RESIDENCES
Ms. Kane summari zed her 1 etter regarding this issue, noting that several
Cal ifornia cities have adopted ordinances that either impose family composition
rules or maximum occupancy restrictions. Both types of controls have been
interpreted in the courts to be in violation of the Cal ifornia Consi ti tution
and preemtabl e by State law. She discussed the efforts of the Cities of Santa
Barbara and Santa Ana to combat overcrowding in residences , which were
eventually invalidated by the courts. The Uni form Housing Code regulates the
number of occupants a dwelling unit may house based on the floor area of
"habitable rooms ." Santa Ana i s seeking an amendment to the Uni form Housing
Code that would correl ate the number of occupants of a dwel 1 ing unit directly
to its habi table square footage. They are requesting other interested ci ties
in favor of the amendment to voice their support to the appropriate
officials. In the meantime, cities are addressing this probl em through
enforcement of ordinances prohibiting residency in garages and sheds, parking
in front yards , and other property maintenance regulations .
Mayor McCaughan asked if there was anyone present in the audience wi shing
to speak on this matter.
Ms . Olivia Nel son, 7802 Fourth St ., commented on the major problem of
overcrowding in her neighborhood and urged the Council to move forward
immediately to strengthen and further restrict the zoning codes in the City.
Mr. Mi ke Zahl ane, 8226 Fi fth St . , referenced and distributed via the City
C1 erk several 1 etters he has received from different government official s
regarding overcrowding in residences, and expressed dismay that 1 ocal
authorities could not assist him. He commented on the constant noise and
traffic in his neighborhood, declining property val ues, and di fficul ties in
selling his house .
Mrs . Myrtle Risley, 7938 Phlox St ., discussed two houses in her
neighborhood that have converted their garages for occupancy, and stressed the
need to enforce the laws prohibiting garage conversions.
Council Member Boggs expressed the need to change the Code at the State
level , and suggested supporting the efforts of other cities to gain a broader
range of power and i n f l u e n c e .
Council Minutes 7/11/95 -4-
Council Member Lawrence commented on her many conversations with Mr .
Zahl ane regarding his probl em. She referenced a letter from Southern
California Association of Goverments that cited studies conducted on migration
and overcrowding, and suggested affordable housing funds be allocated for more
affordable units as a way to provide additional living units.
In response to questions from Council Member Brazel ton, Chief Caldwell
discussed the Pol ice Department and Code Enforcement's recent involvement with
Mr. Zahal ene in trying to resolve his probl ern. He indicated that cutbacks at
the County 1 ev el wi 11 continue to affect the services and support received by
the City , such as prompt responses from the Los Angeles County Health
Department.
Mayor McCaughan requested a report on the number of complaints received
about this probl em, and suggested starting a dial og with the property owner who
may be an absentee 1 andl ord . He requested staff review the current Code for
useful ordinances that can be enforced to combat the probl em, and determine
ways to make sure real estate agents are correctly informing potential buyers/
tenants of current regulations , i .e., prohibiting garage conversions for
occupancy purposes.
Received and filed .
ORAL COMMUNICATIONS
Mr . Joseph A. Davis , 8566 Gallatin Rd ., commended City staff for their
prompt response to his complaint about a tree in the right -of -way damaging hi s
driveway and curb , and noted the emphasis on technology at the Energy Resouce
Center portrayed in the video.
OTHER BUSINESS - CONSENT CALENDAR : Items Removed by Council Approval
COUNCIL MINUTES, REGULAR COUNCIL MEETING, JUNE 27, 1995
Council Member Boggs referred to the fi fth paragraph from the bottom on
page 3 regarding cabl ecasting of Council Meetings. She requested the Minutes
-" be amended to refl ect the estimated costs for different systems , i .e. $165,000
initial cost for a remote control system, and $15,000-$30,000 annual operating
cost .
It was moved by Council Member Boggs, seconded by Council Member Lawrence,
and unanimously carried to approve the Minutes as amended.
OTHER BUSINESS - Council Members
Council Member Brazel ton thanked Mr. Davis for complimenting staff on
their prompt response to his tree complaint.
Council Member Ri 1 ey mentioned that compared to other cities, Downey is in
sound financial condition thanks to the efforts of a fine staff.
Council Member Boggs commented on a recent court case ruled against the
City, voicing concern with how the City wi 11 pay the awarded amount to the
plaintiff and attorney fees i f the case prevails . She requested a report back
on how the City proposes to fund this settl ement, whether it would require
cutting the budget or raising the Uti 1 i ty Users Tax one percent for a year .
Council Minutes 7/11/95 -5-
a S'
4
Council Member Lawrence thanked Mr. Davis for working together with staff
to resolve his tree complaint, and mentioned being approached by a neighbor who
took an aggressive, hostile approach at removing a tree he disliked.
Mayor McCaughan commented on a letter he wrote to President Clinton
regarding the LACDA project and the efforts of one small group to destroy the
progress made in this important area, and urged working together and
compromising when necessary.
OTHER BUSINESS - Staff Members
Mr. Caton acknowledged the high cost of flood insurance that will be
imposed on Downey residents if the LACDA project does not proceed, and
encouraged residents to contact the President expressing support of the __..
project.
Mr. Caton referenced a letter received from Los Angeles County Sheriff
Sherman Block to Chief Caldwell , wherein the County will no longer accept
individual arrests for misdemeanors, and cited the dire consequences of such
actions, i .e ., misdemeanor violators will have to be released.
Mr . Caton mentioned the U.S. Golf Association eval uated the Rio Hondo Gol f
Course surfaces, concluding the putting greens are in outstanding condition and
the course has an exemplary reputation for successful impl ementation of 1 ong-
range planning of which Downey citizens can be proud.
Mayor McCaughan announced the meeting is recessing to Closed Session (8:55
p.m.) to complete discussion of Item B (see Minutes of Adjourned Regular
Meeting, July 11, 1995.)
The meeting reconvened at 9:50 p.m. with all Council Members present.
There were no Closed Session actions to report.
(ADJOURNMENT: 9:50 p.m.
The City Council meeting was adjourned to 6:30 p.m., July 25, 1995, in
the Council Chamber of Downey City Hall.
i d "w ! e \ttli 1
twi udith E. Mc onn el l ; City C erg Gary P. M ug han, Mayor
Council Minutes 7/11/95 -6-