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HomeMy WebLinkAboutMinutes-11-12-91-Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 12, 1991 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Items Removed from the Consent Calendar 1 Minutes: Adj. & Reg. Mtgs., 10/22/91 Approved 1 Cash Contract #575A - Construction of Pump Building, Water Well #4 (8040 � Allen rove : Award construction 9 contract to Smedley Const. Co. Approved 2 Cash Contract #584A - Firestone Blvd. & Burns Ave. Water Mains: Award Construction contract to Valverde Const. Co., Inc. Approved 2 Cash Contract #586 - Water Yard Reservoir Dome Ring Repair: Approve plans & specifications; grant authority to advertise for bids Approved 2 Warrants issued: #40472 - 41038 Approved 2 Downey Holiday Lane Parade Permit (12/8/91) Approved 2 Appeal, Conditional Use Permit #206 (9561 Imperial Hwy.) Set hrg. 11/26/91 2 Appeal, Lot Line Adjustment #91 -80, (12256 Paramount Blvd.), Zone Variance #91 -77, Conditional Use Permit #91 -78, Tentative Tract Map #49882 (8036 Orange St.) Set hrg. 11/26/91 2 Second amendment to City Manager's Employment Agreement Approved 2 Res. #5497 re reappointment of Norman Horney to Design Review Board Adopted 2 Res. #5498 re reappointment of Edward Ng, Alternate, to Design Review Board Adopted 2 Res. #5499 re reappointment of Art Reola to Design Review Board Adopted 2 Res. #5500 re reappointment of Craig Schroeder, Alternate, to Design Review Board Adopted 2 Res. #5501 re appointment of Norbert Weinberg to Design Review Board Adopted 3 Page 1 of 3 �-, 1 l COUNCIL MINUTES, NOVEMBER 12, 1991 TABLE OF ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #5502 re appointment of Stephen P. Allen to Planning Commission - District 2 Adopted 3 Res. #5503 re Agreement between State Dept. of Transportation & City (funds from Petroleum Violation Escrow Account for acquisition of Fuel Efficient Senior Citizen and Handicapped Vehicles) Adopted 3 Res. #5504 re application for Pedestrian Funds for Fiscal year 1991 -92 authorized under S.B. 821 Adopted 3 [—I Res. #5505 re Memorandum of Understanding with Downey Firemen's Association Adopted 3 Storm Drain Reimbursement District - Parrot St. south of Quoit St. Cont. to 11/26/91 3 Unscheduled equipment purchase - radios for Emergency Operations Center Approved 3 General Plan Amendment #91 -107 & Downey Municipal Code Amendment #91 -101 re Senior Housing Development Standards Set hrg. 12/10/91 4 Introduction of Stephen Allen, Planning Commissioner - District 2 4 Mayor Hayden re appreciation to City employee organizations for understanding difficult economic times facing City & finalizing all agreements 4 Cn. Boggs re Chamber of Commerce request for sale of No decision unless alcoholic beverages during intermissions at the further request Downey Theatre received 4 Cns. Cormack & Carter re problems with large group Staff to return with of day laborers at Phlox St. & Paramount Blvd. alternative locations 5 Cn. Cormack re damage to sidewalks by equipment Staff to return with anchored into cement, i.e. newsstands report 5 Cn. Carter re need for crossing guard or crosswalk on Old River School Rd. near Rio Hondo Golf Course 6 Cn. Boggs re status of Ordinance on Childcare Standards 6 Paul Claybough re problem with noise & lights at Rio San Gabriel Park causing difficulty in selling his house 6 Page 2 of 3 r-1 COUNCIL MINUTES, NOVENBER 12, 1991 TABLE OF ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Carol Kearns re opposition to proposed Zone Change #91 -109 affecting Tweedy Ln. & Florence Ave. 6 Charles Pastorello re opposition to Zone Change #91 -109 6 Adjournment in memory of Arthur Wood, longtime Downey resident & member of Water Advisory Board & Water Facilities Corporation 7 Adjournment to 6:30 p.m., November 26, 1991 7 Page 3 of 3 933:: MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 12, 1991 The City Council of the City of Downey held a regular meeting at 7 :30 p.m., November 12, 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 Richard D. Carter ABSENT: Robert S. Brazelton (Excused) ALSO PRESENT: Gerald Caton, Executive Director Tim McOsker, Assistant City Attorney Judith McDonnell, Secretary Ken Farfsing, Assistant City Manager Lee Powell, Assistant City Manager Ron Irwin, Fire Chief Jim Jarrett, Director of Community Services Art Rangel, Director of Community Development Richard Redmayne, Acting Director of Public Works Lowell W i l l i a m s , Finance Director Ron Yoshiki, Asst. Community Dev. Director /City Planner Robert Brace, Acting City Engineer Dennis Chelstrom, Police Captain William Makshanoff, Building Official Kevin O'Connor, Theatre Manager Cindi Apidgian, Executive Secretary PRESENTATIONS: None. HEARINGS: None. ITEMS REMOVED FROM THE CONSENT CALENDAR: Council Member Boggs requested Agenda Item VI -E -2, UNSCHEDULED EQUIPMENT PURCHASE - RADIOS FOR EMERGENCY OPERATIONS CENTER, and Agenda Item VI -E -6, GENERAL PLAN AMENDMENT NO. 91 -107 AND DOWNEY MUNICIPAL CODE AMENDMENT NO. 91 -101 PERTAINING TO SENIOR HOUSING DEVELOPMENT STANDARDS be removed from the Consent Calendar. Ms. McDonnell requested Agenda Item VI -E -1, STORM DRAIN REIMBURSEMENT DISTRICT - PARROT STREET SOUTH OF QUOIT STREET be removed from the Consent Calendar for consideration of continuance. CONSENT CALENDAR: It was moved by Council Member Boggs, seconded by Council Member Cormack, and unanimously carried by the Members present to waive further reading of the Resolutions and adopt the remainder of the Consent Calendar as recommended: MINUTES: ADJOURNED AND REGULAR MEETINGS, OCTOBER 22, 1991: Approve. Council Minutes 11/12/91 -1- '91:33 CASH CONTRACT NO. 575A - CONSTRUCTION OF PUMP BUILDING, WATER WELL HO. 4 LOCATED AT 8040 ALL ENGROV E STREET: AWARD CONSTRUCTION CONTRACT in the amount of $85,326.65 to Smedley Construction of La Habra Heights: Approve. CASH CONTRACT NO. 584A - FIRESTONE BOULEVARD AND BURNS AVENUE WATER MAINS: AWARD CONSTRUCTION CONTRACT in the amount of $273,043 to Valverde Construction Company, Inc. of Whittier: Approve. CASH CONTRACT NO. 586 - WATER YARD RESERVOIR DOME RING REPAIR: APPROVE PLANS AND SPECIFICATIONS AND GRANT AUTHORITY TO ADVERTISE for bids at an estimated cost of $250,000: Approve. WARRANTS ISSUED: 140472 - 141038, $1,730,791.23: Approve. DOWNEY HOLIDAY LANE PARADE PERMIT (DECEMBER 8, 1991): Approve. PROPOSED TEMPORARY CONSTRUCTION EASEMENT WITH DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF SOUNDWALL BY DENNIS THE MENACE PARK: Authorize Mayor to sign applicable letter and subsequent easement along northerly 15 feet of Dennis the Menace Park: Approve. APPEAL, CONDITIONAL USE PERMIT NO. 206 — 9561 IMPERIAL HIGHWAY: Set public hearing for 7 :30 p.m., November 26, 1991 in the Downey City Council Chamber. APPEAL, LOT LINE ADJUSTMENT NO. 91 -80 (12256 PARAMOUNT BOULEVARD); ZONE VARIANCE NO. 91 -77, CONDITIONAL USE PERMIT NO. 91 -78, AND TENTATIVE TRACT MAP NO. 49882 (8036 ORANGE STREET) : Set public hearing for 7:30 p.m., November 26, 1991 in the Downey City Council Chamber. SECOND AMENDMENT TO CITY MANAGER'S EMPLOYMENT AGREEMENT providing six- g month written notice from Council to City Manager stating intent to terminate employee contract: Approve. RESOLUTION NO. 5497 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE RE- APPOINTMENT OF NORMAN HOMEY, CITIZEN AT LARGE, TO THE DESIGN REVIEW BOARD RESOLUTION NO. 5498 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE RE- APPOINTMENT OF EDWARD NG, ALTERNATE ARCHITECT, TO THE DESIGN REVIEW BOARD RESOLUTION NO. 5499 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE RE- APPOINTMENT OF ART REOLA, ARCHITECT, TO THE DESIGN REVIEW BOARD RESOLUTION NO. 5500 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE RE- APPOINTMENT OF CRAIG SCHROEDER, ALTERNATE CIVIL ENGINEER, TO THE DESIGN REVIEW BOARD Council Minutes 11/12/91 -2- 93:;4 3 RESOLUTION NO. 5501 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF NORBERT WEINBERG, CIVIL ENGINEER, TO THE DESIGN REVIEW BOARD RESOLUTION NO. 5502 (ADOPT) A RESOLUTION THE CITY COUNCIL OF THE CITY OF DOWNEY RATIFYING THE APPOINTMENT OF STEPHEN P. ALLEN TO THE PLANNING COMMISSION FOR COUNCILMANIC DISTRICT TWO RESOLUTION NO. 5503 (ADOPT) f A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING STATE OF CALIFORNIA AGREEMENT CONTRACT NUMBER 07G -262 BETWEEN THE CITY AND STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (Funds from Petroleum Violation Escrow Account for Acquisition of Fuel Efficient Senior Citizen and Handicapped Vehicles) RESOLUTION NO. 5504 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPLICATION FOR PEDESTRIAN FUNDS FOR FISCAL YEAR 1991 -92 AUTHORIZED UNDER SENATE BILL NO. 821 (S.B. 821) RESOLUTION NO. 5505 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY FIREMEN'S ASSOCIATION ORDINANCES NOT SET FORTH ABOVE: None. RESOLUTIONS NOT SET FORTH ABOVE: None. OTHER BUSINESS - Consent Cal endar - Items Removed by Council Approval : ,--,, STORM DRAIN REIiBURSEMENT DISTRICT - PARROT STREET SOUTH OF QUOIT STREET Mr. Caton suggested continuance of this item as requested by the residents involved in the matter. Hearing no objections, it was so ordered to continue to November 26, 1991. UNSCHEDULED EQUIPMENT PURCHASE - RADIOS FOR EMERGENCY OPERATIONS CENTER Council Member Boggs questioned the intended use of these radios. Chief Irwin explained the radios would be used by key personnel in the Public Works Department, allowing communication with Fire, Police, Building and Safety, and Water Departments, including the City Manager's office, in an emergency situation. It was moved by Council Member Boggs, seconded by Council Member Cormack, and carried by unanimous vote of the Members present to appropriate $14,400 for the purchase of radios to be used for the City Emergency Preparedness Program by the Public Department. b W D r u c o rlc s e c tmen� • Council Minutes 11/12/91 -3 1 � � tw1' GENERAL PLAN AMENDMENT NO. 91 -107 AND DOWNEY MUNICIPAL CODE AMENDMENT NO. 91 -101 PERTAINING TO SENIOR HOUSING DEVELOPMENT STANDARDS Council Member Boggs questioned the delay in considering these Amend - ments, noting the importance of having updated senior housing standards as soon as possible. Mr. Rangel explained the Planning Division is working on three other major projects at this time and would prefer to make minor changes to the Childcare Ordinance before returning the document to Council. Discussion ensued regarding a possible moratorium and prioritization of the Senior Housing Ordinance. A currently proposed senior housing project could be restricted with conditions until the Ordinance is adopted. Council Member Boggs stated she did not remove this item from the Consent Calendar with any specific project in mind; rather, she is concerned about the need for updated senior housing standards. She questioned why delays are necessary since the Ordinance has already been approved by the Planning Commission. Mr. Rangel noted there are a few modifications necessary regarding senior housing funding sources and other minor changes that need to be included in the final Ordinance. However, should Council decide to change the recommended public hearing date, staff will comply with their request. It was moved by Council Member Boggs, seconded by Council Member Carter, and unanimously carried by the Members present to schedule the public hearing on General Plan Amendment No. 91 -107 and Downey Municipal Code Amendment No. 91 -101 pertaining to Senior Housing Development Standards for 7 :30 P .m. December 10, 1991 in the Council Chamber of the Downey City Hall. OTHER BUSINESS - Council Members: Council Member Carter introduced W. Stephen Allen, the new Planning Commissioner for District 2. Mayor Hayden thanked the Firemen's Association for finalizing their contract a g agreement, ent, and expressed appreciation to all City employee organizations for understanding the difficult economic times facing the City. Council Member Boggs noted she received a letter from the Chamber of Commerce requesting the sale of alcoholic beverages during intermissions at the Downey Theatre. She mentioned correspondence had been received from Ms. Margene Glenn, President of the Downey Civic Light Opera Association expressing opposition to the sale of alcoholic beverages at the Theatre. Mr. David Ryal, 15515 Blaine, Bellflower, Executive Director of the Downey Chamber of Commerce, mentioned this matter originated from comments received by theatre patrons. He noted the Chamber's request is for champagne which would be an added amenity enjoyed in the theatrical environment. Ms. Connie Sziebl, 8516 Donovan St., Director of the Chamber of Commerce, mentioned her surprise at the letter of opposition, noting that some members of the Downey Civic Light Opera were in favor of the sale of alcoholic beverages. She suggested the Chamber and Civic Light Opera Association discuss this matter and return with a mutual request before the Council. Council Minutes 11/12/91 -4- !. �} Mr. Ned Young, 10330 Downey Ave., expressed his desire as a theatre patron to have the beverage option of champagne available during intermission. Mayor Hayden advised Council will await another request by either the Chamber or Civic Light Opera before rendering a final decision. Council Member Cormack noted the problem of day laborers loitering on Phlox Street and Paramount Boulevard which is near residential and school properties. He suggested finding another location for the workers to congregate. Council Member Carter noted he received a complaint from a business owner on Phlox Street who stated he and his customers are having trouble accessing his business. He mentioned the day workers were bothering the teenage girls that walk to Warren High School in the area. He concurred with Council Member Cormack's idea of relocating the day workers to a more appropriate place. Discussion ensued regarding alternate sites available for relocating these workers, and applicable government regulations for day laborers. Ms. Myrtle Risley, 7938 Phlox St., noted this has been an ongoing problem in this neighborhood, citing incidences of robberies and traffic problems on Phlox St. She advocated relocation of these workers. Mayor Hayden requested staff research other possible locations and return with recommendations to Council. Mr. Mike Hanson, business owner on Phlox St., expressed concern with possible traffic accidents, noting the workers approach cars in the streets to offer their services. He mentioned the workers urinate on walls, make suggestive remarks to other pedestrians, and steal parts from nearby cars. He recommended some other area be found to relocate these workers. Council Member Boggs questioned if this was an immigration problem. Mr. McOsker advised the City cannot enforce immigration laws but can cooperate with other agencies to see that immigration laws are being �..._ followed. He suggested continual enforcement of traffic laws and recommended closely working with the City Attorney's office to avoid liability problems in providing alternate congregation sites. Captain Chelstrom mentioned the Police Department patrols this area at least once or twice a week. Mr. Caton said a report containing alternate locations wi ll be returned to Council for approval. Council Member Cormack questioned the permit process for anchoring equipment such as newsracks to sidewalks, and if there is a need for these stands to be fastened down. Mr. Redmayne advised when a permit is obtained, the newsstands are required to be lagged down so they cannot be moved. No notification is necessary when the stands are moved; however, this requirement could be added to the permit when it is obtained. Council Minutes 11/12/91 -5- ,--► . - Council Member Cormack stated his opposition to anchoring down newsstands that damage sidewalks and requested an ordinance be prepared to address this matter. Mayor Hayden asked the City Attorney if different permit fees could be assessed on various types of newsstands. Mr. McOsker advised that differentiation cannot be made between different types of material in newsstands based on free speech protection rights. Staff was directed to return with a report to Council addressing Council Member Cormack's concerns regarding sidewalk damage, permit fees, and the • possibility of light - weight freestanding racks. Council Member Carter expressed concern with the lack of a crossing guard or crosswalk on Old River School Road. The young children are now crossing this street unattended as they walk to Rio Hondo Elementary School. He reiterated the need for a signalized crosswalk in this area for the safety of school children and golf course patrons. Staff was directed to review this matter. Council Member Boggs inquired into the status of the Childcare Standard Ordinance and was informed by Mr. Yoshiki that the Ordinance was returned to Planning Commission to address state law regulations and Council concerns. Staff is working with the City Attorney's office on this matter and is awaiting further contact from public counsel. ORAL COMMUNICATIONS Mr. Paul Claybough, 10824 Newville Ave., expressed concern with the noise and lights at Rio San Gabriel Park, as they have affected the sale of his house in the area. He mentioned the different associations that utilize the Park facilities, including problems with consession stand trash. Staff was directed to review this matter. , Ms. Carol Kearns, 9942 Smallwood Ave., expressed opposition to ro p o sed P Po Zone Change No. 91 -109 affecting the corner. of Tweedy Lane and Florence Avenue. She stated her house is near this area and rezoning the property to General Commercial would be detrimental to her neighborhood. She discussed alternative solutions and expressed concern with further commercial zoning in Downey. . Mr. Charles Pastorello, 7804 Dinsdale St., concurred with Ms. Kearns' comments regarding opposition to Zone Change 91 -109. He discussed the ambiguity of the General Plan and the City's use of eminent domain in blighted areas. OTHER BUSINESS - Staff.Nembers None. Council Minutes 11/12/91 -6- • 93- ADJOURNMENT: 8:35 p.m. The meeting was adjourned in memory of Arthur Wood, longtime Downe resident with Haan years of Downey Y Y service on both the Water Advisory Board and Water Facilities Corporation to 6 :30 p.m., November 12, 1991 in the Downe y City Council Chamber. O pudith E. McDonnell, City Clerk Ba .arm J. . O' e<yor Council Minutes 11/12/91 -7-