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HomeMy WebLinkAboutMinutes-07-28-92-Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 28, 1992 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE H Certificates of Appointment 1 Res. #5585 confirming 1992 -93 Assessments for Lighting Maintenance District A.D. 121 Adopted 2 Res. #5587 confirming Assessments for D.I.P. 732 (8544 Firestone Blvd) Adopted 3 Lot Cleaning Assessments: Overrule protests & affirm assessments on properties cleaned by City during fiscal year 1991 -92 Approved 4 Appeal, Z.C. #92 -45, NW corner Lakewood Blvd. & Rosecrans Ave. (8855 Rosecrans Ave.) Cont. to 8/11 4 Removal of Items from Consent Calendar 5 Council Minutes: Ad j. Reg. Mtg., 7/14/92 Approved 5 Warrants Issued: #47863 -48289 Approved 5 Res. #5588 approving Final Parcel Map #23197 (11014 Pangborn Ave.) & acceptance of stand -by letter of credit in lieu of surety bonds Adopted 5 Res. #5589 apptg. Joan Smay to Library Advisory Board - District One Adopted 5 �,,., Res. #5590 apptg. Denise Haun to Emergency Preparedness Committee - District Two Adopted 5 Res. #5591 apptg. Fern Persion to Library Advisory Board - District Two Adopted, 5 Res. #5592 apptg. Bobbie Samperi to Recreation and Community Services Commission - District Two Adopted 6 Res. #5593 apptg. Joel H. Lubin to Water Facilities Corporation District Five Adopted 6 Res. #5594 apptg. Hattie Jo Miller to Library Advisory Board - District Five Adopted 6 Res. #5595 apptg. specific representatives to Independent Cities Risk Management Authority (Supersedes Res. #5192) Adopted 6 Page 1 of 2 1 COUNCIL MINUTES, JULY 28, 1992 TABLE OF ACTIONS (CONTINuED) SUBJECT ACTION PAGE Ord. #945 amending Downey Municipal Code relating to Charitable Solicitations Adopted 6 Ord. #946 repealing Ord. #944 re use of Utility Users Tax revenues for Public Safety Services Adopted 6 Ord. estab. hearing officer for permit appeals Cont. to 8/11 7 �..� Cash Contract #587/588 - Downey Cornmunit y Theatre Asbestos Abatement /Roof Replacement: Appropriate $160,000 in Golf Course Funds & award Cash Contract #588 to Best Roofing Co., Inc. Approved 7 Renewal of license agreement for Wilderness Park use of Southern California Edison Co. Right -of -Way: Approve license agreement renewal for 5 year period (1/1/93 - 12/31/97) & authorize execution of necessary documents Approved 7 Rio Hondo Golf Course Fencing Improvements: Appropriate $55,000 from Golf Course Fund for fencing improvements at Rio Hondo Golf Course Approved 7 Council Minutes, Regular Mtg., 7/14/92 Approved as amended 8 Downey Comprehensive General Plan Update & Environmental Impact Report Set hrg. for 8/11 8 Cn. McCaughan re legal responsibilities of City City.Attorney re Hospital & Manatee St. properties preparing response 8 Cn. McCaughan re status of Public Address System in Council Chamber Referred to staff 8 Cn. McCaughan re joint mtg. with School District To be set at future date 8 Cn. McCaughan re selling produce, etc. on street To be placed on future corners & current process of yard sale permits agenda 9 Recess to Closed Session 9 Adjournment in memory of Marion Freer, retired City Employee; and Jane Young, President Elect, Downey Chamber of Commerce 9 Meeting adjourned to: 5:15 p.m., August 11, 1992 9 Page 2 of 2 95 43 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 28, 1992 The City Council of the City of Downey held a regular meeting at 7 :42 p.m., July 28, 1992, in the Council Chamber of the Downey City Hall, Mayor Diane P. Boggs presiding. PRESENT: Council Members: Diane P. Boggs Mayor Robert S. Brazelton Mayor Pro -Tem Barbara J. Riley Gary P. McCaughan, M.D. Joyce L. Lawrence ALSO PRESENT: Gerald M. Caton, City Manager Peter M. Thorson, City Attorney Judith McDonnell, City Clerk Lee Powell, Assistant City Manager Jim Jarrett, Director of Community Services Clayton Mayes, Police Chief Art Rangel, Director of Community Development Richard Redmayne, Director of Public Works Lowell Williams, Director of Finance Robert Brace, City Engineer Clint Crosby, Battalion Chief Dennis Groat, Fire Marshall Mark Sellheim, Principal Planner Ed Velasco, Housing Manager June Yot s uya , Assistant to the City Ma n ag e r Cindi Apidgian, Executive Secretary PRESENTATIONS Mayor Boggs presented Certificates of Appointment to District One appointees Mr. David 6afin, Planning Commission; Ms. Connie Sziebl, Recreation PPo 9 and Community Services Commission; and Ms. Mildred Terry, Health and Environmental Sanitation Committee. Council Member Riley presented a Certificate of Appointment to District Two appointee Mr. Frank Bec kner , Wa to r Boa rid . Council Member McCaughan presented a Certificate of Appointment to District Three appointee Mr. Brian Ga sd is , Manning Commission. Council Member Lawrence presented Certificates of Appointment to District Five appointees W. Meredith Perkins, .Planning Commission, and Ns. Carol RoM- land, Recreation and Community Services Commission. Council Minutes 7/28/92 -1- 2541 HEARINGS Mayor Boggs opened the public hearing on LIGHTING MAINTENANCE DISTRICT A.D. 121, 1992 -93 ASSESSMENT LEVY (CIrYWIDE). Ms. McDonnell affirmed the proof of publication and affidavit of ostin P 9 which was so ordered to receive and file. . Mr. Redmayne summarized the staff report, noting every year the rates are set for lighting districts in each of the six zones of the City. Estimated y e costs based on zone measurements are the basis for establishing these rates. He mentioned that in particular, zone five had sufficient reserves to cover lighting costs for the present year. No written correspondence had been received. There being no one to speak regarding the proposed intention to levy and collect assessments for the 1992 -93 fiscal year, it was moved by Council Member Brazelton, seconded by Council Member McCaughan, and so ordered to close the public hearing. RESOLUTION ND. 5585 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFI RNING THE 1992 -93 FISCAL YEAR ASSESSMENT FOR LIGHTING MAINTENANCE DISTRICT A.D. 121 The Resolution was read by title only. It was moved by Council Member Lawrence, seconded by Council Member Brazelton, and unanimously carried to waive e further reading 9 and adopt. At this time, Mayor Boggs recognized Downey Unified School Board Member Betty Ferraro in the audience. Mayor Boggs opened the public hearing on CONFIRMING THE ASSESSMENTS FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 732 LOCATED AT 8544 FIRESTONE BOULEVARD. Ms. McDonnell affirmed the affidavit of posting and mailing. Mr. Redmayne summarized the staff report, noting Council authorization was given to complete improvements at 8544 Firestone Boulevard. The property owner was allowed time extensions on his site to make the required improvements. However, this was not done. The City completed the improvements in June at a total cash assessment of $4,574,78. No written protests had been received regarding this matter. Mayor Boggs asked if anyone present wished to speak in protest to the Lot Cleaning Assessments. Mr. Nick Collaro, 9205 Tweedy Lane, discussed the bids received on this project and the fact he was not aware of any bid results or contract awarded. He indicated this is a high price bid for the work done on his property and stated he should have been given a voice in the decision to award the contract since he must pay for the improvements. Council Minutes 7/28/92 -2- 954 Mr. Redmayne recalled speaking with Mr. Collaro, and informing him that after extensions were given, the City would proceed with improvements in 60 days. The bidding procedure was followed and the lowest bid selected after the 60 days. It was moved by Council Member Lawrence, seconded by Council Member Braze lton, and so ordered to close the public hearing. RESOLUTION NO. 5587 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENTS FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY INPROVENENT PROJECT 110. 732, 8544 FIRESTONE BOULEVARD The Resolution was read by title only. It was moved by Council Member Riley, seconded by Council Member Brazelton, and unanimously carried to waive further reading and adopt. Mayor Boggs opened the public hearing on LOT CLEANING ASSESSMENTS. Ms. McDonnell affirmed the proof of publication which was so ordered to receive and file. Mr. Redmayne summarized the staff report, explaining that twice a year, notices are sent to property owners having excessive weeds on their lots. Notices were mailed to property owners representing 100 parcels this year of which 24 properties had to be cleaned by the City on a contractual basis. He explained the procedure for informing the property owner of the need to maintain his site. Ms. McDonnell noted the following written protests had been received: Letter dated July 13, 1992 from A. J. Spa nano , Southern Pacific Transportation Company re Railroad right -of -way from west city limits to Old River School Road; and �-- Letter dated July 11, 1992 from Rosetta Sill re 12221 Horley Avenue It was moved by Council Member Riley, seconded by Cou nc i l Member Lawrence, and so ordered to receive and file the written protests. Mayor Boggs asked if there was anyone present who wished to speak in opposition to the Lot Cleaning Assessments. Mr. Tony Spirano, representing Southern Pacific Railroad, discussed notifications received regarding rat infestation, and the need for weed abatement on Railroad property. He opposed the City's charge of $1O,000 for one day's cleaning of Railroad property. He offered to provide a copy of certain documents regarding the notification of rat infestation and other correspondence between the City and Railroad to the City Clerk as part of the public record of this hearing. Ms. Joyce Monroe, 10067 Ka rmo n t , South Gate, representing the property owner at 12221 Horley Avenue, protested the $2,000 one -time clean - up fee for this property. When informed by Mr. Redmayne that the actual charge is approximately $945.00 and not the estimated $2,000, Ms. Monroe indicated t h i s Council Minutes 7/28/92 -3- 1 II 5 fl fee would be acceptable to the property owner. She mentioned she had taken photographs of the backyard which was not completely cleaned, and distributed these pictures to Council via the City Clerk. It was moved by Council Member Lawrence, seconded by Council Member Brazelton, and so ordered to close the public hearing. It was moved by Council Member Lawrence, seconded by Council Member McCaughan and unanimously carried to overrule any protests and affirm the assessments on properties cleaned by the City during fiscal year 1991 -92. Prior to the foregoing vote, Council Member McCaughan questioned the letter in staff's material referring to 11837 Downey Avenue and was informed this property owner requested direct billing and has paid the cost involved. Mayor Boggs referred to the Horley Avenue property and pictures showing the site had not been completely cleaned. She requested the contractor be contacted prior to payment to complete the job in the proper manner. Responding to questions, Mr. Redmayne explained the method of notifying property owners regarding the need for weed abatement and the timeframe involved for the cleaning process. Council Member McCaughan questioned whether the weed abatement program a l s o pertains to commercial properties and was informed that it does. It was noted some of the vacant car dealerships are currently involved in the Code En fo rcemen t process. Mayor Boggs opened the p u b l i c hearing on APPEAL, ZONE CHANGE NO. 92 - FOR PROPERTY LOCATED AT 8855 ROSEC RAMS AVENUE. Ms. McDonnell affirmed the proof of publication which was so ordered to receive and file. Mayor Boggs stated she has received a letter from the applicant's attorney, requesting this hearing be continued due to a possible conflict of interest. Mr. Thorson explained the applicant's attorney's letter notes the property owner of the subject site is Resolution Trust Corporation who is also represented by the applicant's attorney's firm. A s a r e s u l t , the attorney must obtain a waiver of any conflict of interest that may exist in representing this Zone Change Case. Mr. James Bl a nc a rte of Je f fe r , Ma ng e l s , Butter & Met rma ro , 2121 Avenue of the Stars, Los Angeles, representing the applicant, said he expected the waivers to be obtained by the next meeting. If not, the applicant will have to retain other counsel. It was moved by Council Member Lawrence, seconded by Council Member Brazelton, and unanimously carried to continue Zone Change No. 92 - to 7:30 p.a ., August 11, 1992 in the Downey City Counc i 1 Chaer and re not ice the area residents of the new hearing date. Council Minutes 7/28/92 -4- 1 95 1 ‘;* REMOVAL OF ITEMS FROM CONSENT CALENDAR Council Member McCaughan requested removal of Agenda Item VI - A - 2 COUNCIL MINUTES, REGULAR MEETING, JULY 14, 1992, and Agenda Item VI DOWNEY COMPREHENSIVE GENERAL PLAN UPDATE MD ENVIRONMENTAL IMPACT REPORT, from the Consent Calendar. Ms. McDonnell requested removal of Agenda Item VI -F -6, APPOINTMENT OF KEITH CARTER 10 TRAFFIC COMMITTEE, DISTRICT FIVE, and Agenda Item VI APPOINTMENT OF GUY STERNER TO PARKING PLACE COPIPIISSION, DISTRICT FIVE, from ' the Consent Calendar, explaining the position vacancies were not posted and, therefore, cannot be appointed at this time, but will be placed on the agenda of the next regular meeting. CONSENT CALENDAR It was moved by Council Member Brazel ton , seconded by Council Member Lawrence, and unanimously carried to waive further reading of the Resolutions and approve the remainder of the Consent Calendar as recommended: MINUTES: Ad Sou rned Regular Meeting, July 14, 1992: Approve. WARRANTS ISSUED: 147863- 48289, $1,189,541.14: Approve. RESOLUTION N0. 5588 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION NAP OF PARCEL MAP N0. 23197 ( 11014 PAiGBORN AVENUE AT ARD IN E STREET) , APPROVING AGREEMENT WITH THE SUBDIVIDER AND ACCEPTANCE OF AN IRREVOCABLE STAND-BY LETTER OF CREDIT IN LIEU OF SURETY BONDS RESOLUTION NO. 5589 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTNENT OF JOAN SHAY TO THE LIBRARY ADVISORY BOARD FOR COUNCIL/1/111C DISTRICT ONE RESOLUTION NO. 5590 (ADOPT) A RESOLUTION OF DIE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPO INTN ENT OF DENISE HMJN TO THE EMERGENCY PREPAREDNESS COMMITTEE FOR CO NC IUUNIC DISTRICT TWO RESOLUTION NO. 5591 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF FERN PERSION TO NE LIBRARY ADVISORY BOARD FOR COUNC ILNANIC DISTRICT Two Council Mi nutes 7/28/92 -5- ti RESOLUTION NO. 5592 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPO ININ ENT OF 8O :4: I E SAM PER I TO TH E RECREATION AND CMIPIUNITY SERVICES COMMISSION FOR COUIC ILNNIIC DISTRICT 1110 RESOLUTION NO. 5593 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF JOE. H. LUBIN TO THE ••- WATER FACILITIES CORPORATION FOR COUNC IUIMIC DISTRICT FIVE RESOLUTION NO. 5594 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF HATTI E JO MILLER 10 THE LIBRARY ADVISORY WNW FOR COUNC ILNANIC DISTRICT FIVE RESOLUTION NO. 5595 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY TO APPOINT SPECIFIC REPR ESENTATI VE S TO 1H E INDEPENDENT CITIES RISK MANAG AEI ENT AUTHORITY (SUPERSEDES RESOLUTION NO. 5192) ORDINANCES NOT SET FORTH ABOVE ORDINANCE NO. 945 AN ORD INMIC E OF THE CITY COUNCIL OF THE CITY OF DOW N EY MENDING PORTIONS OF CHAPTER 5 OF THE DOWNEY NUNIC I PAL CODE RELATING TO CHARITAILE SOLICITATIONS The Ordinance was read by title only. It was moved by Cou nc i l Member Lawrence, seconded by Council Member Brazelton, and unanimously carried to waive further reading and adopt. ORDINANCE N0. 946 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING ORDINANCE NO. 944, RELATED 10 SECTION 6197 OF THE DOWNEY JNIC I PAL CODE AND THE USE OF UTILITY USERS TAX REVENUES FOR PUBLIC SAFETY SERVICES The Ordinance was read by title only. It was moved by Cou nc i l Member McCaughan, seconded by Council Member Brazelton, and carried by the following vote to waive fii rther reading and adopt: AYES: 4 COUNCIL MEMBERS: Brazelton, Lawrence, McCaughan, Boggs NOES: 1 COUNCIL MEMBERS: Riley Council Minutes 7/28/92 -6- ‘,\ 9 t ' 43 ORD INMC E NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOW N EY ?Mil EEND ING PORTIONS OF CHAPTERS 2 AND 4 OF ARTICLE 6 OF THE DOWNEY MUNICIPAL CODE RELATING TO APPEALS FROM THE DENIAL OR REVOCATION OF, OR THE IMPOSITION OF CONDITIONS ON, PERMITS Mr. Thorson requested this item be continued to allow time for some minor adjustments to be made to the Ordinance. There being no objections, it was so ordered to continue consideration of this Ordinance to the meeting of August 11, 1992. ORAL COMMUNICATIONS: None. RESOLUTIONS NOT SET FORTH ABOVE: None. ADMINISTRATIVE REPORTS CASH CONTRKT NOS. 587/588 - DOWNEY COMMUNITY THEATRE ASBESTOS %BATLM ENT /ROOF R EPLAC ELI ENT Mr. Jarrett summarized the staff report, requesting Council appropriate $160,000 which is partial repayment from the Golf Course Fund to the City, to cover costs on these Cash Contracts and awarding the contract on Theatre roof replacement to Best Roofing Company, Inc. of Torrance. Due to bidding complexities and safety issues involved, more time is needed to evaluate the bids received on the Theatre asbestos abatement. Staff will have a final recommendation on this aspect of the Theatre improvements at the next regular Council meeting. It was moved by Council Member McCaughan, seconded by Council Member Lawrence, and unanimously carried to require the Golf Course Fund to repay $160,000 in City Loans and appropriate these %ads for use cm this project, and award Cash Contract No. 588 to Best Roofing Company, Inc. of To rra nc a for re a lac ement of the roof on the Downey Community Theatre. REN EMAL OF LICENSE AGREED! ENT FOR WILDERNESS PARK USE OF SOUTHERN CALIFORNIA ED ISON COMPANY RIGHT- OF -QUAY It was moved by Council Member Lawrence, seconded by Council Member Mc Caughan, and unanimously carried to approve the License Agreement reneis l for Wilderness Park use of Southern California Edison Company Right -of -Way for the five year period beginning January 1, 1993, and ending December 31, 1997, and authorize the City !ta nag er to execute the necessary docuae nt s . RIO HOlDO GOLF COURSE FENCING IMPROVEMENTS Mr. Caton discussed the necessary fencing improvement locations along the driving range and western border of hole number five at Rio Hondo Golf Course. It was moved by Council Member Riley, seconded by Council Member Brazelton, and unanimously carried to appropriate $55,000 from the Golf Course Fund for fencing improvements at Rio Hondo Golf Course. Council Minutes 7/28/92 -7- • OTHER BUSINESS: CONSENT CALENDAR - ITEMS REMOVED BY COUNCIL APPROVAL COUNCIL MINUTES, REGULAR MEETING, JULY 14, 1992 Council Member McCaughan referenced Page 7, paragraph 2 o of the Minutes Minutes, noting his confusion on continuing any action regarding the Green Line Light Rail Station Enhancements. Mr. Caton mentioned his recommendation was that this item be continued to a budget review session based on a finalized State budget in the future. . The Minutes were amended by adding the following at the 9 end o f the second paragraph on Page 7 : "(Continued to budget review following f i n a l approval of the State Budget)." It was moved b y C o u n c i l Member !McCaughan, seconded by Council Member Lawrence, and unanimously carried to approve the Minutes as amended. DOW N EY COMPREHENSIVE GENERAL PLAN UPDATE AND EN VI ROiII EN TAL IN PAC T REPORT Council Member McCaughan requested that information on this item be available to the Council as soon as possible to allow time for review of the material. Mayor Boggs and Council Member Riley requested a personal review of the General Plan and staff informed them this could be done without violating the Brown Act. It was moved by Council Member McCaughan, seconded by Council Member Lawrence, and unanimously c a r r i e d to set the public hearing for the Downey Comprehensive General Plan Update and Environmental Impact Report for 7:30 p.m., August 11, 1992 in the Downey City Council Chamber. OTHER BUSINESS: CITY COUNCIL MEMBERS Council Member McCaughan requested the status of his previous inquiry into the legal responsibilities of the City with regard to the Hospital and properties on it na tee Street and was informed the City Attorney is in the process of responding to this request. Council Member McCaughan inquired into the status of the Public Address System in the Council Chamber. Mr. Caton mentioned staff contacted various companies to correct the situation. Council Member McCaughan requested the status of staff's contact with Downey Unified School District for a Jolnt meeting and was informed by Mayor Boggs that the District has responded and possible dates of September 15, 1992 or September 29, 1992 have been recommended for a meeting. Ms. Betty Ferraro, Member of the Downey School Board, was recognized in the audience, and explained the Board would like to meet with the Council during a regularly scheduled School Board meeting date, since tnore school staff will be available at that time. Council Minutes 7/28/92 -8- ti ♦ w 95 1 The meeting will be scheduled at a future date. Council Member McCaughan requested the issues of selling produce, etc. on street corners in Downey and the current process of yard sale permits be placed on a future agenda. Referred to staff. OTHER BUSINESS: STAFF MEMBERS: None. Mayor Boggs announced the Council is recessing to Closed Session (8:45 p.m.) to complete discussion of items previously announced on the Closed Session Statement. 1 The meeting reconvened at 9 :37 p.m. with all Council Members present. There were no Closed Session actions to report. ADJOURNMENT: 9:37 p.m. The meeting was adjourned in memory of Marion Freer, retired Downey City Employee, and Jane Young, President Elect, Downey Chamber of Commerce to 5:15 p.m., August 11, 1992 in the Council Chamber of the Downey City Hall. Car ( 4 7 ,/ d ith E. McDonne Cit Clerk 1 ane *. :o s, Ma / / City 99 Mayor o (- r C o u n c i l Minutes 7/28/92 - 9- ,-, 1'