HomeMy WebLinkAboutMinutes-10-22-91-Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
OCTOBER 22, 1991
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
i Proclamation re "Red Ribbon Week" 1
Proclamation re "Communications Month" 1
Appeal, Vesting Tentative Parcel Map #50450, Zone
Variance #91 -63 & Conditional Use Permit #91 -64
(10331 Downey Ave., A -H) Cont. to 11/26/91 1
Preliminary draft of Source Reduction & Recycling
Waste Element and Household Hazardous Waste
Element of California Integrated Waste Management Received comments;
Act of 1989 Hearing closed 2
Items Removed from the Consent Calendar 2
Minutes: Adj. Reg. Mtgs., 9/27/91 & 10/8/91;
Reg. Mtg., 10/8/91 Approved 3
Cash Contract #577 - Furman Park building renovations:
Approve plans & specs., grant authority to advertise Approved 3
Cash Contract #581- Rio Hondo Country Club restroom
remodeling: reject low bid and award contract to
second low bidder Approved 3
Cash Contract #585B - Downey Municipal Courthouse
demolition & site re aration: Award demolition
p P
contract Approved 3
Cash Contract #580 - Gateway Improvement Project:
Award construction contract Approved 3
Warrants issued: #40095 - 40471 Approved 3
Appeal, Plot Plan #90 -61, 7032 Dinwiddie St. Set hrg. 11/12/91 3
City loan to Redevelopment Commission: Operative
Agreement #18 for Firestone Corridor Project Approved 3
Equipment purchase - Fire Computer Aided Dispatch
System: Authorize purchase /installation of additional
computer capacity for Fire Dispatch System Approved 3
Res. #5495 designating certain City employees as
agents to sign application to State of California
Office of Emergency Services for 'disaster relief Adopted 3
Page 1 of 2
• t '
COUNCIL MINUTES, OCTOBER 22, 1991
TABLE OF ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Res. #5496 adopting Memorandum of Understanding between
City of Downey & Police Officers' Association Adopted 3
Recommendation of Appointments to Design Review Approved; Resolutions
Board confirming appts. to
be returned next mtg. 4
1991 -92 Capital Improvement Budget Approved 4 Fl
Cash Contract #S.S.432 - miscellaneous repairs,
handicapped ramps & pedestrian improvements in
various locations (including steel reinforcements):
Award construction contract Approved 5
Efron Laguna re complaint that his low bid on
Cash Contract #581 (Rio Hondo Country Club
Restroom Remodeling) was not accepted 5
Carlos Rios thanked Council for including funds
for Dollison /I -5 Soundwall in Capital Improvement
Budget 5
Cn. Brazelton re need for proactive code enforcement
on roof signs 6
Cn. Brazelton advised of his absence at 11/12/91
City Council Mtg.
Appointment of Stephen Allen to Planning Commission - Approved; to be
District 2 ratified next mtg. 6
Cn. Cormack re pornographic material in newsracks Letter to be sent to
legislators requesting
local control 7
Cn. Cormack re complaints received on wooden bridge Send letter to Super -
across Rio Hondo Channel between Downey & Ford visor Dana requesting
Park in Bell Gardens removal or closure of
bridge 7
Cn. Boggs re equal code enforcement on roof signs 7
Cn. Boggs re Alameda Transportation Corridor & Letter to be sent to
concern re increased train traffic in Downey legislators & affected
cities 7
Adjournment to 4:00 p.m., November 4, 1991 at
Rio Hondo Golf Course for joint meeting with
Recreation & Community Services Committee to
discuss Golf Course Development Plans 8
Page 2 of 2
P P t )
1.,
'-)
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
OCTOBER 22, 1991
The City Council of the City of Downey held a regular meeting at
7.36 p.m., October 22, 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 Caton, Executive Director
Peter Thorson, City Attorney
Judith McDonnell, Secretary
Lee Powell, Assistant City Manager
Ron Irwin, Fire Chief
Clayton Mayes, Police Chief
Richard Redmayne, Acting Director of Public Works
Lowell Williams, Finance Director
Ron Yoshiki, Asst. Community Dev. Director /City Planner
Robert Brace, Acting City Engineer
Bonnie Kehoe, Recreation Manager
William Makshanoff, Building Official
Ed Velasco, Housing Manager
June Yotsuya, Assistant to the City Manager
Kathy Simmons, Administrative Assistant
Cindi Apidgian, Executive Secretary
PRESENTATIONS
Mayor Hayden presented a Proclamation declaring October 21 -27, 1991 as
"Red Ribbon Week", symbolizing a drug -free youth, to Downey Police Officer
Steve Garza and Dr. Robert Riley, member of Downey Unified School Board.
Mayor Hayden presented a Proclamation declaring October as "Communications
Month" to Mr. Steve Cooper, E -1 Area Governor of Toastmasters International.
HEARINGS
Mayor Hayden opened the public hearing on APPEAL, VESTING TENTATIVE
PARCEL MAP NO. 50450, ZONE VARIANCE NO. 91 -63, AND CONDITIONAL USE PERMIT
NO. 91 -64 FOR PROPERTY LOCATED AT 10331 DOWNEY AVENUE, A -H, which was
continued from the meeting of September 24, 1991. At the applicant's request
and concurrence of staff, it was moved by Council Member Cormack, seconded by
Council Member Brazelton, and unanimously carried to continue the hearing to
7 :30 p.m., November 26, 1991 in the Downey City Council Chamber.
Prior to the foregoing vote, Mayor Hayden advised this w i l l be the final
continuance of the hearing.
Council Minutes 10/22/91 -1-
.ao
Mayor Hay den opened the public hearing on PRELIMINARY DRAFT OF SOURCE
y
REDUCTION AND RECYCLING ELEMENT AND HOUSEHOLD HAZARDOUS WASTE ELEMENT OF
CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989.
Ms. McDonnell affirmed the Proof of Publication. It was moved by Council
Member Carter, seconded by Council Member Boggs, and so ordered to receive and
file.
Mr. Caton stated the purpose of this hearing is to receive public input
on the preliminary report. The document will not be approved this evening,
but will return in final form for Council approval in the near future.
No correspondence was received on this matter.
Mayor Hay den called for those in the audience who wished to speak
y
regarding the proposed Elements.
Mr. Kevin Duncan, representing Western Pacific Pulp and Paper Company,
offered assistance in establishing a practical recycling plan for the City
that would meet Assembly Bill 939 (AB 939) requirements. Having reviewed the
preliminary document, he noted his company's approval of the proposed program.
Ms. Kathy Windsor, 9740 La Canada Way, Sunland, representing EMCON
Associates, summarized a brief overview of what is involved in the preliminary
draft Source Reduction and Recycling Element, including AB 939 requirements,
and the results of the studies conducted by EMCON Associates. She discussed
the suggested programs that would address the problems of solid waste
generation and disposal waste stream composition. Responding to questions,
she explained the expected diversion rates for the various programs and the
implementing costs. Finally, she discussed the Household Hazardous Waste
Element, suggesting participation with the County of Los Angeles for
implementation of this program to meet AB939 requirements.
Council Member Cormack questioned the high cost of the proposed Programs
and inquired into the possibility of reducing future costs.
0-
Ms. Windsor noted that many costs are not incurred until various phases
of the Programs are implemented over the years.
There being no one else wishing to speak, it was moved by Council Member
Cormack, seconded by Council Member Brazelton, and unanimously carried to
close the public hearing.
Mayor Hayden stated this report will be returned to Council for final
approval in December.
ITEMS REMOVED FROM THE CONSENT CALENDAR
Council Member Boggs requested Agenda Item VI -C -1, CASH CONTRACT
NO. S.S. 432 - AWARD CONTRACT FOR MISCELLANEOUS REPAIRS, HANDICAPPED RAMPS AND
PEDESTRIAN IMPROVEMENTS AT VARIOUS LOCATIONS, be removed from the Consent
Calendar.
Council Minutes 10/22/91 -2-
[ml
0370
CONSENT CALENDAR
It was moved by Council Member Cormack, seconded by Council Member
Carter, and unanimously carried to waive further reading of the Resolutions
and adopt the Consent Calendar as recommended:
MINUTES: ADJOURNED REGULAR MEETINGS, SEPTEMBER 27, 1991, OCTOBER 8,
1991; REGULAR MEETING, OCTOBER 8, 1991: Approve.
CASH CONTRACT NO. 577 - FURMAN PARK BUILDING RENOVATIONS: APPROVE PLANS
AND SPECIFICATIONS AND GRANT AUTHORITY TO ADVERTISE, at an estimated project
cost of $483,000: Approve.
CASH CONTRACT NO. 581 - RIO HONDO COUNTRY CLUB - RESTROOM REMODELING:
REJECT LOW BID AND AWARD CONSTRUCTION CONTRACT TO SECOND LOW BIDDER, GAMMA
Constructors, Inc. at a cost of $34,690: Approve.
CASH CONTRACT NO. 585B - DOWNEY MUNICIPAL COURTHOUSE DEMOLITION AND SITE
PREPARATION: AWARD DEMOLITION CONTRACT to Barsotti's, Inc. at a cost of
$77,300.
CASH CONTRACT NO. 580 - GATEWAY IMPROVEMENT PROJECT: AWARD CONSTRUCTION
CONTRACT to Nobest Inc. in the amount of $103,736; approve $9,300 for
construction observations and inspections by Wilidan and Associates; and
approve $10,374 for contingencies: Approve.
WARRANTS ISSUED: 140095 - 140471, $714,224.25: Approve.
APPEAL, PLOT PLAN NO. 90 -61, 7032 DINWIDDIE STREET (APPLICANT /APPELLANT,
MOHAMMAD IDREES) REQUEST TO MODIFY CONDITIONS OF APPROVAL AND REQUEST FOR
ONE YEAR TIME EXTENSION (PROJECT ORIGINALLY APPROVED SEPTEMBER, 1990): Set
public hearing for 7 :30 p.m., November 12, 1991 in Downey City Council
Chamber.
CITY LOAN OF $4,687,433 TO REDEVELOPMENT COMMISSION: OPERATIVE AGREEMENT
NO. 18 FOR FIRESTONE CORRIDOR PROJECT: Approve.
EQUIPMENT PURCHASE - FIRE COMPUTER AIDED DISPATCH SYSTEM: AUTHORIZE
PURCHASE /INSTALLATION OF ADDITIONAL COMPUTER CAPACITY FOR FIRE DISPATCH SYSTEM
at a cost of approximately $19,350: Approve.
RESOLUTION NO. 5495 (ADOPTED)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING
CERTAIN CITY EMPLOYEES AS AGENTS TO SIGN APPLICATION TO THE
STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES FOR
DISASTER RELIEF
RESOLUTION NO. 5496 (ADOPTED)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY
AND THE POLICE OFFICERS' ASSOCIATION
Mayor Hayden thanked the Police Department and members of the negotiating
team for understanding the difficult economic times facing the City.
Council Minutes 10/22/91 -3-
-03,7
ORDINANCES NOT SET FORTH ABOVE: None.
RESOLUTIONS NOT SET FORTH ABOVE: None.
ADMINISTRATIVE REPORTS
RECOMMENDATION OF APPOINTMENTS TO DESIGN REVIEW BOARD
Mr. Caton discussed the recommendation of the interviewing subcommittee
to confirm five appointments to the Design Review Board. He mentioned that
Council Members Boggs and Brazelton were on the subcommittee that interviewed,,,,
the applicants.
Council Member Brazelton noted all candidates were well- qualified for the
Design Reivew Board, and Council Member Boggs concurred.
It was moved by Council Member Boggs, seconded by Council Member Cormack,
and unanimously carried to adopt a Minute Action directing staff to prepare
Resolutions for confirming the following. Appointees to serve on the Design
Review Board: Art Reola, Norbert Weinberg, Norman Homey, Edward Ng
(alternate), and Craig Shroeder (alternate).
1991 -92 CAPITAL IMPROVEMENT BUDGET
Mr. Caton summarized the staff report, discussing modifications in the
capital improvement budget for a final total of $8,375,889. He mentioned the
majority of projects are funded with restricted monies for specific uses.
Council Member Brazelton questioned the use of unrestricted funds for
capital improvements and was informed they may be used on a matching basis to
receive grant monies.
Mr. Powell further explained conditions of the funds available and the
projects affected.
Council Member Boggs expressed concern regarding the current and future
99 P 9 9
condition of the streets in the City, and inquired into the street maintenance
schedule.
Mr. Redmayne explained the streets were designed for 20 years of service,
and many streets are at least 40 years old. Under the slurry seal program,
streets are being repaired to keep them together. Approximately $2 -3 million
worth of street improvements are currently needed.
Mr. Caton stated that some improvements have been delayed as there are
insufficient funds available for repairs at this time.
Council Member Carter questioned the standards required for completed
projects, noting that some repair work is not done very well.
Mr. Redmayne replied there are standards; however, the problem of meeting
uneven street surfaces is difficult with the equipment provided.
It was moved by Council Member Brazelton, seconded by Council Member
Carter, and unanimously carried to approve the 1991 -92 Capital Improvement
Budget.
Council Minutes 10/22/91 -4-
• t:0
OTHER BUSINESS - Consent Calendar - Items removed by Council Approval:
CASH CONTRACT NO. S.S. 432 - MISCELLANEOUS REPAIRS, HANDICAPPED RAMPS AND
PEDESTRIAN IMPROVEMENTS IN VARIOUS LOCATIONS
Council Member Boggs requested an explanation of the rebar option in
sidewalks.
Mr. Caton noted this was a concern of Council Member Cormack, and after
analyzing the costs for rebar in sidewalks, staff has recommended the bid not
include the steel reinforcement.
Council Member Cormack reiterated his strong opinion that sidewalks
should contain rebar to lessen the cracking and uplifting of sidewalks by tree
roots, etc. He mentioned the cost of rebar would be less, than a possible
lawsuit.
Council Member Boggs concurred, noting she has had to repair sidewalks in
front of her house due to rising tree roots.
Council Member Carter commented the bid amount including rebar would
still be less than the Engineer's estimate.
It was moved by Council Member Boggs, seconded by Council Member Cormack,
and unanimously carried to award a construction contract to Gri gol 1 a and Sons
Construction Company, Inc. for miscellaneous curb and gutter repair and for
construction of handicapped and pedestrian improvements in various locations
at a cost of approximately $90,000 including rebar in sidewalk repairs.
ORAL COMMUNICATIONS
Mr. Efron Laguna, representing Laguna Wrought Iron and Masonry,
complained that although his company submitted the lowest bid, they were not
awarded the contract for Cash Contract No. 581 - Restroom Remodeling at Rio
Hondo Country Club, due to lack of submittal of a bid bond by an admitted
surety company in California. He cited sections of the Public Contracts Code
and the California Code of Procedures in discussing the appropriateness of his
bid bond.
Mr. Thorson referenced the Public Contracts Code regarding the specifics
g s eci
g P
of the bid bond. An admitted surety '
u t insured is defined only as a corporate
e
y
y p
insured which has been issued a certificate by the California Insurance
Commission. The submitted bid bond contained two personal sureties which is
not allowed under the Public Contracts Code. He mentioned receipt of
correspondence from Coast Bonding Company wherein sections of the Code were
cited to support their bond; however, these sections do not apply when a
statute requires an admitted surety.
Mayor Hayden suggested Mr. Laguna make an appointment with staff if he
wished to further discuss this matter.
Mr. Carlos Rios, 11009 Fa i rford Ave., thanked the Council for allocating
funds in the Capital Improvement Budget for the Dollison /I -5 Sound Wall. He
mentioned the City of Norwalk is working on their sound wall and suggested the
Council might want to consi der joi ni ng that effort in order reduce Downey's
costs for the sound wall.
Council Minutes 10/22/91 -5-
I t
OTHER BUSINESS - Council Members:
Council Member Brazelton reiterated the need for proactive code
enforcement on roof signs.
Mr. Caton discussed the low staff levels in the Code Enforcement
Division, noting two positions have recently been vacated. He mentioned that
complaints are being received regarding selective enforcement; however,
because of the difficult economic times, these positions need to be kept
vacant at this time. A major enforcement effort has been made on Firestone
Boulevard, but enforcement in other locations will be delayed due to low
manpower.
Council Member Brazelton advised he will be absent at the November 12, 1991
Council Meeting.
Council Member Cormack inquired into the utilization of police and fire
personnel to aid in Code Enforcement situations.
Mr. Caton explained that police officers have been used in the past for
Code Enforcement violations. However, Downey's City Charter does not allow
the violator to be cited; a rather extensive legal process must be
completed. He suggested this issue be addressed when revising the Charter.
Council Member Carter requested the Council consider an appointment for
the Planning Commissioner in District 2.
Mr. Thorson advised that under the Brown Act, two motions must be taken:
the first motion would be to find that a need has arisem subsequent to the
posting of the agenda, which would require a four - fifths vote of Council. The
second motion would be to approve the appointment of the Commissioner.
It was moved by Council Member Brazelton, seconded by Council Member
Boggs, and unanimously carried to find that a need has arisen subsequent to
posting the agenda to fill the Planning Commission vacancy in District 2.
It was moved by Council Member Carter, seconded by Council Member
Cormack, and unanimously carried to approve the appointment of Mr. Stephen
Allen as Planning Commissioner for District 2.
Prior to the foregoing vote, Council Member Carter discussed Mr. Allen's
qualifications for the position, noting he is President of the Downey Optimist
Club and President of Pacific Western National Bank located in Downey.
A resolution
It was noted the appointment is effective immediately.
ratifying the appointment w i l l be presented at the next meeting for Council
action.
Council Member Cormack expressed concern with the proliferation of
pornographic newsracks on Downey streets, specifically the availability of
this material to children. He recalled his recent trip to Sacramento where a
bill authorizing local control in this area failed in Committee. He noted
that Assemblyman Bob Epple and State Senator Cecil Greene did not offer their
support and requested people write to their legislatures requesting local
control over the pornographic material in newsracks.
Council Minutes 10/22/91 -6-
n
Off,- 1
Mr. Thorson advised the Constitution rotects free speech rights. Th
p p g The
more serious problem is the state law that prohibits cities from having local
control over these newsracks.
Mayor Hayden questioned whether contact had been made to the City's
lobbyist regarding this matter and was informed that Mr. Gonsalvez had not
been contacted as of this time.
Dr. Douglass Willey, Pastor of the First Baptist _Church of Downey,
commented on the need to keep Downey a clean and pleasant place to live and
raise families, which he said is undermined by the pornographic material
available to children through newsracks on the streets. He referenced a
1 pornographic newspaper which contained offensive material that he purchased in
front of Hi -Ho Market on his way to the Council Meeting. He stated that
juvenile delinquency can be exacerbated by viewing this type of material.
Mr. Lee Graves, 8533 Sixth St., concurred with Pastor Willey's comments.
It was moved by Council Member Cormack, seconded by Council Member
Carter, and unanimously carried to send a letter supporting the need for local
control regarding pornographic material in newsracks to the appropriate
legislators and the City's lobbyest.
Prior to the foregoing vote, Mr. Thorson noted that Mr. Gonsalvez would
be the person to contact regarding which route to use in reviving the Bill
before the Legislature.
Council Member Cormack mentioned he met with Mr. Don Knabe, Assistant to
Supervisor Deane Dana, regarding complaints on the wooden bridge across the
Rio Hondo Channel between Downey and Ford Park in Bell Gardens. It was the
consensus of Council to send a letter to Supervisor Dana requesting either
removal or closure of the wooden bridge to alleviate crime and other problems
in this area.
Council Member Boggs agreed with Council Member Brazelton's comments to
continue with code enforcement of roof signs. Equal treatment should be given
since many businesses have already conformed with the Sign Ordinance.
Council Member Boggs commented on her attendance at a recent meeting
regarding the Alameda Transportation Corridor. She explained the intent is to
use the Corridor to take train traffic from the harbors of Los Angeles and
Long Beach inland to other railroad lines and then disperse the traffic to
various locations. A Committee comprised of cities adjacent to the Alameda
Corridor has been formed. She expressed concern there may be an increase in
train traffic along the railroad in Downey. A video she received from Los
Angeles Council Member Joan Milke Flores was shown regarding the Alameda
Transportation Corridor.
After the video presentation, Council Member Boggs mentioned development
of the Corridor could increase train traffic. She suggested an indication
from Council supporting the Corridor but recommending it bypass residential
areas and not create additional train traffic through the City of Downey.
Council Member Cormack concurred, noting that increased train traffic
would greatly affect City services, i.e. hospital accessibility, etc.
Council Minutes 10/22/91 -7-
r # tea
:� up F.
It was the consensus of Council to send a letter addressing these
concerns to the officials and legislators involved in the project. Mr. Caton
stated copies of the letter will be sent to cities affected by the Corridor.
Ms. Myrtle Risley, speaking from the audience, advised there is a meeting
at Norwalk City Hall on October 24, 1991 to discuss this matter. She will
inform Council regarding the outcome.
OTHER BUSINESS - Staff Members: None.
ADJOURNMENT: 9:15 p.m.
The meeting was adjourned to 4:00 p.m., November 5, 1991 at the Rio Hondo
Golf Course for the purpose of a joint meeting with the Recreation and
Community Services Commission to discuss Golf Course Development Plans.
/
.ith E. McDonnell, City Clerk Barbara deg Mayor
Council Minutes 10/22/91 -8-
rml