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HomeMy WebLinkAboutMinutes-10-08-91-Regular Meeting h , MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 8, 1991 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Certificate of Appreciation to Richard Carter for past service on Planning Commission - District 2 1 Special Presentation to former Mayor /Council Member .. Roy L. Paul 1 r 7 0 Res. #5492 ordering annexation of certain area into Ltg. Maint. Dist. A.D. 121 (Annexation 91/29 - Bixler Ave. between Golden Ave & Prichard St.) Adopted .� op 2 Res. ordering vacation of 20 foot -wide alley easterly from Rives Ave. southerly of Telegraph Rd. Failed 4 Res. #5493 denying Appeal, Zone Variance #91 -73 j (10230 La Reina Ave.) Adopted 5 Lary Marks re enforcement of Code violations 5 Norman Horney re proposed batch plant in south Downey 6 Items Removed from Consent Calendar 6 Minutes: Adj. Reg. Mtgs., 9/17/91 & 9/24/91 Approved 6 Cash Contract #S.S. 383 - Street improvements on Woodruff Ave., Foster Rd. to Everest St.: Accept improvements constructed & maintenance responsibility Approved 6 r-- Warrants Issued: #39697 -40094 Approved 6 Agreement to join Los Angeles County Air Quality Element Consortium to produce air quality elements Approved 6 Appoint City Engineer to serve as Superintendent of Streets Approved 6 Ord. #938 amending Cable T.V. franchise granted to Continental Cablevision & amending Ord. Nos. 644, 679 & 859 Adopted 6 Ord. #937 adding Sections 8970 - 8970.06 to DMC re Interim Flood plain Management Standards Adopted 7 Page 1of2 1 1 COUNCIL MINUTES, OCTOBER 8, 1991 TABLE OF ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #5494 adopting specifications & designating salary ranges for Assistant Superintendent of Physical Services & Housing Planner (formerly Housing Specialist II) Adopted 7 Cash Contract #583A - Citywide Sewer Maint. & Operation Services: Reject all bids; continue providing sewer maint. with City staff; authorize replacement of existing equipment; fill Maintenance Leadworker position currently frozen Approved 7 1991 -92 Capital Improvement Budget Cont. to 8/22/91 7 Exchange of Prop A funds with City of Santa Fe Springs Approved 8 Joint meeting between Council & Recreation and Set for 4:00 p.m., Community Services Commission November 5, 1991 8 Presentation by representative from Los Angeles County Transportation Commission re Lakewood Station Artwork Minutes: Reg. Mtg., 9/24/91 Approved as corrected 9 Cash Contract #575 - Construction of Pump Building Well #4: Reject all bids & re -bid; temporarily protect electrical system from damage until pump building is constructed Approved 9 Cn. Carter re need for crosswalk at Old River School Rd. & Muller St. 9 71 Cn. Carter re additional traffic on Quill Dr. created by relocation of traffic signals on Imperial Hwy. 10 Cn. Brazelton re General Plan review for possibly retaining R -1 designation for properties on La Reina Ave. 10 Cn. Boggs re adding Western Ave. & other streets adjacent to La Reina Ave. for R -1 zoning review 10 Adjournment to 6:30 p.m., November 12, 1991 10 Page 2 of 2 r-% y 3 , 3 �: S MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 8, 1991 The City Council of the City of Downey held a regular meeting at 7 :30 p.m., October 8, 1991, in the Council Chamber of the Downey City Hall, Mayor Barbara J. Hayden presiding. PRESENT: Council Members: Barbara J. Hayden Mayor Diane P. Boggs Mayor Pro -Tem Robert G. Cormack Robert S. Brazelton Richard D. Carter ALSO PRESENT: Gerald M. Caton, City Manager Peter Thorson, City Attorney Judith McDonnell, Secretary Ken Farfsing, Assistant City Manager Lee Powell, Assistant City Manager Jim Jarrett, Director of Community Services Clayton Mayes, Police Chief Art Rangel, Director of Community Development Richard Redmayne, Acting Director of Public Works Ron Yoshiki, Asst. Community Development Dir. /City Planner Robert Brace, Acting City Engineer June Yotsuya, Assistant to the City Manager Bill Doebler, Associate Planner Ron LeVar, Senior Building Inspector Cindi Apidgian, Executive Secretary PRESENTATIONS Mayor Hayden presented a Certificate of Appreciation to Council Member Richard Carter for past service on the Planning Commission. Mayor Hayden presented an engraved clock to former Mayor /Council Member Roy L. Paul and congratulated him on his judicial appointment. HEARINGS Mayor Hayden opened the public hearing on LIGHTING DISTRICT ANNEXATION 91/29 - BIXLER AVENUE BETWEEN GOLDEN AVENUE AND PRICHARD STREET. Ms. McDonnell affirmed the proof of publication which was so ordered to receive and file. There were no . written protests or objections against the subject annexation. There being no one to speak in protest to the annexation, it was moved by Council Member Boggs, seconded by Council Member Brazelton, and so ordered to close the public hearing. Council Minutes 10/8/91 -1- i RESOLUTION NO. 5492 A RESOLUTION OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN AREA INTO LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES WITHIN THOSE AREAS (ANNEXATION 91/29 - BIXLER AVENUE BETWEEN GOLDEN AVENUE AND PRICHARD STREET) The Resolution was read by title only. It was moved by Council Member Cormack, seconded by Council Member Carter, and unanimously carried to adopt. Mayor Hayden opened the public hearing on VACATION NO. 163, INTENT TO VACATE ALLEY EASTERLY FROM RIVES AVENUE SOUTHERLY OF TELEGRAPH ROAD, which was r-1 continued from the meeting of September 24, 1991. Mr. Redmayne summarized the staff report, discussing concerns of the residents who desire the alley vacation and staff's recommendation of denial. He stressed the importance of access to the alley for emergency situations, citing Fire Department, Water Board, and Planning Commission comments. He referenced the Street and Highways Code which requires that a public benefit result from a vacation, noting this request does not benefit the entire public. Fire Chief Irwin expressed concern regarding access to the well site, noting potential safety hazards of electrical motors shorting -out, water lines bursting, and emergency access to Water Department employees should they be injured at the well site. Council Member Cormack discussed vandalism and the deplorable condition of fencing around the well site, requesting it be repaired. He recommended including a condition to the approval that would allow access to the water well by City personnel and utility companies at all times. There was no correspondence received on this matter. Mayor Hayden asked if there was anyone present to speak in favor of this Vacation. Mr. Bill Zalane, 8418 Rives Ave., stated that access to the well by City and utility company officials would still be permitted if the Vacation were granted. He discussed the problems in this alley with regard to garbage, dogs, bicycles, and threatening of neighbors. Mr. Zalane mentioned speaking with various City Departments regarding needed protection and the cost involved. He distributed photographs via the City Clerk depicting the subject alley and his damaged garage door. He also gave the City Clerk a letter favoring the vacation from resident Pat Adrian who could not attend the meeting tonight. Ms. Celene Gamble, 7811 Birchcrest Rd., read her letter supporting the Vacation. Council Minutes 10/8/91 -2- Ms. Carol Hanna, 7803 Birchcrest Rd., favored a private property/no trespassing sign at the entrance of the alley. She cited neighborhood petitions in the past upon which the City has taken action for safety reasons and requested this sign be approved for the same reasons. Mr. Charles Ruhlen, 7817 Birchcrest Rd., explained his main concern is for the safety of Mr. Zalane and the children that play in the alley. He mentioned that children climb over the fencing and play on the well site. Car parking late at night is also a problem. There being no one else to speak in favor or in opposition, it was moved by Council Member Cormack, seconded by Council Member Brazelton, and so ordered to close the public hearing. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE VACATION OF THE 20.00 FOOT -WIDE ALLEY EASTERLY FROM RIVES AVENUE SOUTHERLY OF TELEGRAPH ROAD The Resolution was read by title only. It was moved by Council Member Cormack and seconded by Council Member Boggs to waive further reading and adopt. (See later vote). Council Member Cormack favored a negotiation whereby the City and utility companies would maintain unrestricted alley access via an easement and he recommended vacating the remainder of the alley to Mr. Zalane. Council Member Boggs mentioned she inspected the area earlier this evening and questioned the possibility of the City restricting use of the alley. She also inquired into the necessity of retaining the portion of the alley off Tweedy Lane. Mr. Thorson explained the area was dedicated as a public alley; therefore, the public has the right of free access to that portion of the property, similar to a public street. The city yard is not a public area, but the Council could restrict access to this location under certain circum- stances. The well property behind the city yard is considered City -owned { property so the Council could restrict access to this site. Mr. Caton stated if the alley is vacated, staff should be directed to return with language addressing the creation of a fire lane which would give the City authority to tow away illegally parked cars in the fire lane. Regarding the undeveloped portion of the alley off Tweedy Lane, he said that if the City were to improve the area, i.e. paving, the current problem would be transferred to that portion of the alley. Council Member Carter discussed prior Planning Commission denial of this vacation, noting that a larger problem is created when residents and other people confront each other. He mentioned he visited this portion of the alley on six occasions and found little evidence of undesirable activity. Council Member Brazelton questioned where the responsibility q p y lies for maintaining the alley if vacated and was informed the residents would have that duty. He favored continuing public ownership of the alley and requested parking restriction signs be posted. Council Minutes 10/8/91 -3- 1 I 0 1� 1 tj Responding to questions regarding improvement costs, Mr. Redmayne replied the paving is in good condition but will eventually need a slurry coat to prevent oxidation. Mayor Hayden inquired whether access to the well could be achieved through that portion of the alley off of Tweedy Lane instead of Rives Avenue. Mr. Redmayne explained the ingress and egress features that are necessary for fire truck maneuverability. Mayor Hayden expressed her desire to vacate the alley, and post parking restriction signs, maintain an easement for City and utility company purposes, create a fire lane, and slurry seal before vacating. The motion to adopt the Resolution failed by the following vote: AYES: 2 COUNCIL MEMBERS: Cormack, Hayden NOES: 3 COUNCIL MEMBERS: Boggs, Carter, Brazelton Mayor Hayden requested staff post parking restriction signs at the entrance of the alley, and expressed concern regarding City liability at the well site since some of the machinery is not properly protected. Council Member Cormack reiterated his request for repair of the fencing and barricades. Mayor Hayden opened the public hearing on APPEAL, ZONE VARIANCE NO. 91 -73, FOR PROPERTY LOCATED AT 10230 LA REINA AVENUE WHICH WAS CONTINUED FROM SEPTEMBER 24, 1991. She asked if Council Members Cormack and Carter had listened to the tape recording of the meeting on September 24, 1991 and they both replied in the affirmative. There was no correspondence received on this matter. Mr. Angelo Picarelli, 9311 Rives Avenue, part owner of the subject property, discussed Downey Municipal Code Sections as they apply to his development. Slides were shown depicting the parking situation at different times, wherein he noted lack of parking congestion in the area. He proposed one additional guest parking space for the proposed project. Mr. Guy Sterner, 10303 Downey Avenue, addressed the issue of zoning changes in 1976 for this area from R -1 to R -3, and the purpose for having two levels of density. He narrated slides of the area that showed many cars parked along the street and expressed concern that if this Zone Variance is approved, similar single family homes in the area may follow suit. He noted the applicant does not have a hardship; he is currently allowed to build three units. If the Variance is approved, he recommended foliage in the area be retained; the block wall heightened to seven feet for privacy; air conditioners placed to reduce noise; and mentioned that generally people do not use guest parking because it is too inaccessable. Ms. Ellen Swann, 10224 La Reina Ave., gave the City Clerk a petition containing 10 signatures in opposition to the proposed Zone Variance. She had heard the applicant wanted to buy her property, but it was not for sale. Council Minutes 10/8/91 -4- 01 0 , r 4 ;` Speaking in rebuttal, Mr. Picarelli briefly stated that the opposing comments could address any properties in Downey and noted precedents have already been set. It was moved by Council Member Carter, seconded by Council Member Brazelton, and so ordered to close the public hearing. RESOLUTION NO. 5493 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING 7 THE APPEAL OF ZONE VARIANCE NO. 91 -73, A REQUEST TO ALLOW INCREASED DENSITY AND PERMIT AN ADDITIONAL UNIT ON PROPERTY LOCATED AT 10230 LA REINA AVENUE, ZONED R -3 The Resolution was read by title only. It was moved by Council Member Carter and seconded by Council Member Cormack to waive further reading and adopt. (See later vote). Council Member Brazelton discussed the zoning aspects of this case. He expressed concern that if this request for higher density is approved, a precedent would be set for other properties in the area, parking problems would be exacerbated, and the safety for school children from the parochial school on this street would be compromised. Council Member Carter concurred, noting the street is almost one -half mile long, the only access being from Florence Avenue and Seventh Street. Council Member Boggs reaffirmed with the City Attorney that his interpretation of Section 9138.20 of the Downey Municipal Code given at the meeting of September 24, 1991 remains the same. She commented on the lack of special circumstances as required by the Code to approve a Zone Variance. Council Member Cormack stated he could not support the request for higher density in an R -3 zone. --.4 Mayor Hayden commented on the quality of the project and the fact that the increased density is less than 1 %; therefore, she could support the Variance. However, she recommended the R -3 zoning in this area be reviewed if the request is not granted. The motion to adopt was carried by the following vote: AYES: 4 COUNCIL MEMBERS: Cormack, Boggs, Carter, Brazelton NOES: 1 COUNCIL MEMBERS: Hayden ORAL COMMUNICATIONS Mr. Lary Marks, 7808 Borson St., referenced his previous comments raised at the last meeting regarding a Code Violation and inquired regarding the City's procedure for handling reported violations. He further inquired about a questionable outside storage area and mentioned he would be meeting with an attorney from the American Civil Liberties Union regarding this matter. Council Minutes 10/8/91 -5- Horney, 9102 Angell St., expressed a Mr. Norman o y, g p appreciation for the Council's decision in Closed Session regarding the proposed concrete batch plant to be located in south Downey. He suggested that CALTRANS establish a car park and ride facility at the terminus of the Century Freeway. If the plant has to be constructed, this area could be used for that purpose. He offered his services to the Council if needed. The meeting recessed at 9:10 p.m. and reconvened at 9:20 p.m. ITEMS REMOVED FROM THE CONSENT CALENDAR Council Member Boggs requested Agenda Item VI -A -3, COUNCIL MINUTES, REGULAR MEETING, SEPTEMBER 24, 1991, and Agenda Item VI -C -2, CASH CONTRACT NO. 575 - CONSTRUCTION OF PUMP BUILDING WELL NO. 4, be removed from the Consent Calendar. Council Member Carter advised he will be abstaining from voting on the Council Minutes. CONSENT CALENDAR It was moved by Council Member Brazelton, seconded by Council Member Boggs, and unanimously carried to approve the remainder of the Consent Calendar as recommended (Council Member Carter abstaining from voting on the Minutes): MINUTES: ADJOURNED REGULAR MEETINGS OF SEPTEMBER 17, 1991 AND SEPTEMBER 24, 1991: Approve. CASH CONTRACT NO. S.S. 383 - STREET IMPROVEMENTS, WOODRUFF AVENUE, FOSTER ROAD TO EVEREST STREET: Approve extra work in the amount of $4,045.89, accept the improvements constructed and the maintenance responsibility for same: Approve. WARRANTS ISSUED: 139697 - 40094, $1,067,923.11: Approve. AGREEMENT TO JOIN LOS ANGELES COUNTY AIR QUALITY ELEMENT CONSORTIUM for the purpose of hiring one consultant to produce air quality elements for each participating city: Approve. APPOINT CITY ENGINEER TO SERVE AS SUPERINTENDENT OF STREETS for purposes of assessments and for formation of street light and street improvement districts: Approve. ORDINANCES NOT SET FORTH ABOVE ORDINANCE NO. 938 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CABLE TELEVISION FRANCHISE GRANTED TO CONTINENTAL CABLEVISION AND AMENDING ORDINANCE NOS. 644, 679 AND 859 The Ordinance was read by title only. It was moved by Council Member Boggs, seconded by Council Member Cormack, and unanimously carried to waive further reading and adopt. Council Minutes 10/8/91 -6- ORDINANCE NO. 937 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING SECTIONS 8970 TO 8970.06 RELATING TO INTERIM FLOODPLAIN MANAGEMENT STANDARDS The Ordinance was read by title only. It was moved by Council Member Boggs, seconded by Council Member Brazelton, and unanimously carried to waive further reading and adopt. ,.. RESOLUTIONS NOT SET FORTH ABOVE RESOLUTION NO. 5494 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING SPECIFICATIONS AND DESIGNATING SALARY RANGES FOR ASSISTANT SUPERINTENDENT OF PHYSICAL SERVICES AND HOUSING PLANNER (FORMERLY HOUSING SPECIALIST II) The Resolution was read by title only. It was moved by Council Member Cormack, seconded by Council Member Brazelton, and unanimously carried to waive further reading and adopt. ADMINISTRATIVE REPORTS CASH CONTRACT NO. 583A - CITYWIDE SEWER MAINTENANCE AND OPERATION SERVICES Mr. Redmayne summarized the staff report, explaining the purpose of this contract was to receive price comparisons between City staff and outside contractors for sewer maintenance. As a result of these comparisons, he requested approval of staff's recommendation. It was moved by Council Member Boggs, seconded by Council Member Brazelton, and unanimously carried to reject all bids for contract sewer maintenance, continue to provide sewer maintenance with city staff, authorize the replacement of existing equipment at a cost of $100,000 from the equipment funds, and fill the Maintenance Leadworker sition that is currently frozen. � y 1991 -92 CAPITAL IMPROVEMENT BUDGET Mr. Caton recommended this item be continued to the next Council meeting. It was moved by Council Member Boggs, seconded by Council Member Carter, and unanimously carried to continue the 1991 -92 Capital Improvement Budget to 7 :30 p.m., October 22, 1991 in the Downey City Council Chamber. EXCHANGE OF PROPOSITION A FUNDS WITH CITY OF SANTA FE SPRINGS Mr. Caton explained this item was continued from the meeting of September 27, 1991 so a full Council could hear the request. Council Member Boggs expressed her preference that Proposition A monies be retained for use in the City's transportation system until a report is received from the Recreation and Community Services Commission. Council Minutes 10/8/91 -7- i t Council Member Cormack mentioned that exchange of this money may fund current City positions. Council Member Brazelton commented on the economic needs of the City, and Council Member Carter concurred. It was moved by Council Member Cormack, seconded by Council Member Brazelton, and carried by the following vote to authorize staff to trade $125,000 of Proposition A Funds with the City of Santa Fe Springs at 60 cents to the dollar: AYES: 4 COUNCIL MEMBERS: Cormack, Carter, Brazelton, Hayden NOES: 1 COUNCIL MEMBERS: Boggs JOINT MEETING BETWEEN CITY COUNCIL AND RECREATION AND COMMUNITY SERVICES COMMISSION TO REVIEW RIO HONDO GOLF COURSE DEVELOPMENT PLAN It was the consensus of Council to schedule the joint meeting of the Council and Recreation and Community Services Commission at 4:00 p.m., November 5, 1991. OTHER BUSINESS PRESENTATION BY REPRESENTATIVE FROM LOS ANGELES COUNTY TRANSPORTATION COMMISSION REGARDING LAKEWOOD STATION ARTWORK Mr. Rangel summarized the staff report, explaining the Los Angeles Regional Transportation Commission has allocated $80,000 for artwork in the Lakewood Rail Station and they are suggesting the City contribute $68,610 in addition to their budgeted amount. Ms. Jessica Cusick, representing the Los Angeles County Transportation Commission, showed a 10 minute video entitled "Art and Rail Transit" that discussed the art projects for various rail stations. Ms. Cusick narrated a brief slide presentation depicting planned artwork for the actual station in Downey, discussed personal handprint panels to be used in the station, and o• further enhancements if the City budgets additional funds for this purpose. Council Member Boggs questioned if other Cities involved had offered additional monies and was informed they had not but were very interested in the design. Discussion ensued regarding the type of material, maintenance responsibility, and availability of the panels. Mr. Caton mentioned the City has been asked for additional funds and yet the station will not be identified in any way with the City. Council Member Boggs expressed interest in using Proposition A funds for this use and asked to see a sample of the panel material. Ms. Cusick replied she could get a sample in a few weeks for the Council's review. In response to questions, she stated it would be difficult to incorporate City funds at a later time since this plan is essentially a contract package that w i l l begin soon. Council Minutes 10/8/91 -8- 1 c. Mayor Hayden expressed concern at spending this much money during difficult economic times. Council Member Cormack questioned the durability of the panels. Mr. Norman Horney, 9102 Angell St., member of the Profile Committee, encouraged the Council to use Proposition A funds to aesthetically improve this gateway to the City. Mayor Hayden recommended Council Members view the area and that this matter be returned at a later date after the sample is reviewed. Ms. Joyce Lawrence, 9627 Cheddar St., member of the Profile Committee, discussed her participation in the development of the Station and recommended Proposition A funds be used to enhance this area. Further discussion ensued regarding the Council Subcommittee on this matter and other suggestions for panel improvements. OTHER BUSINESS - Consent Calendar - Items removed by Council Approval MINUTES, REGULAR MEETING, SEPTEMBER 24, 1991 Council Member Boggs clarified that page 6, paragraph 2 of the Minutes should reflect that Agenda Item VI -F -1, "New Class Specifications /Salary Ranges for Assistant Superintendent of Physical Services and Housing Planner" was removed for Council Member Cormack who was out of town. It was moved by Council Member Boggs, seconded by Council Member Brazelton, and unanimously carried to approve the Minutes for the Regular City Council Meeting, September 24, 1991 as corrected (Council Member Carter abstaining from voting on this matter). CASH CONTRACT NO. 575 - CONSTRUCTION OF PUMP BUILDING WELL NO. 4 �--• Council Member Boggs questioned the variation in the bids and mentioned the possibility of going out to bid again. Mr. Caton explained the difficulties surrounding this bid in the past and recommended rejecting all bids and re- bidding the project. Discussion ensued regarding protecting the electrical system of the pump. It was moved by Council Member Boggs, seconded by Council Member Carter, y 99 y and unanimously carried to reject all bids and re -bid this project, and temporarily protect the electrical system from damage until the pump building is constructed. OTHER BUSINESS - Council Members Council Member Carter discussed the need for a crosswalk at the intersection of Old River School Road and Muller Street. Staff was directed to return with a report on this matter. Council Member Carter noted that changing the location of the traffic signal on Imperial and Rives to Imperial and Smallwood has created confusion Council Minutes 10/8/91 -9- 1 rr-► -, a nd additional traffic on Quill Drive. He suggested monitoring this 99 9 situation, with the possibility of reinstating the traffic signal at Rives Avenue and Imperial Highway. Mayor Hayden noted she has received correspondence on this matter. Staff was directed to review the situation. Council Member Brazelton requested staff review the General Plan for possibly retaining R -1 designation for residential properties on La Reina Avenue, south of Florence Avenue. Council Member Boggs requested the area to be reviewed include Western Avenue and other streets adjacent to. La Reina Avenue. ADJOURNMENT: 10:25 p.m. The irfeeti ng was adjourned to 6:30 p.m., October 22, 1991 in the Downey City Council C .,,,----\\ in ,-- 22 )),,,. r-- .) , / 4 . ( ' & , Z /412 9a-16 ,-, , ' f E 1 / J , di th E. McDonnell , City Clerk Bar . ara J. Hayden, Ma ,fr Council Minutes 10/8/91 -10-