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HomeMy WebLinkAboutMinutes-09-25-90-Regular Meeting MINUTES OF THE CITY COUNCIL • OF THE CITY OF DOWNEY SEPTEMBER 25, 1990 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Certificate of Appreciation to Anthony Andrew Otero, Eagle Scout 1 it- J e Res. #5343, denying Appeal & approvi g Zone Variance y 9 No. 90 -31 (9325 Cord Ave.) Adopted 3 Ord. rescinding Ord. #895 imposing moratorium on demolition permits for certain historic residences Introduced 5 Ord. adopting Historic Preservation Standards for certain historical resources Introduced as amended 5 Catherine Bobbitt re status of signal and increased traffic enforcement at Barlin & Gardendale 6 Kenny Clark re graffiti problem on railroad easement property 6 Brad Gaston re volunteerism as key to fighting graffiti problem 6 Items Removed from Consent Calendar 6 Minutes: Adj. & Reg. Mtgs., 9/11/90 Approved 6 Cash Contract #545 - Downey Community Swimming Pool: Appropriate $12,500 for use on this project; approve Change Orders #7 -19; accept improvements and joint maintenance responsibility with Downey Unified r-,, School District for improvements constructed Approved ' 6 Warrants issued: #27790- 28138, $719,367.46 Approved 6 Appropriation adjustments for expenditures budgeted, ordered, and encumbered in Fiscal Year 1989 -90 but not delivered nor paid until after June 30, 1990 6 Res. #5338, establishing new salary ranges for Executive Management Adopted 6 Res. #5339, declaring intent to vacate portion of True Ave. approx. 110 feet south of True Ave./ Metro St. & east of line parallel with & 30 feet east of centerline of True Ave. Adopted; hrg. set 10/23 7 Page 1of2 COUNCIL MINUTES, SEPTEMBER 25, 1990 TABLE OF ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #5340, restricting parking on east side of Dolan Ave. from Cherokee Dr. to Seventh St. for six month trial period Adopted 7 Res. #5341, approving appointment of Barbara Riley �-�► to Library Advisory Board, District 2 Adopted 7 Res. re city attorneys representing clients against cities Failed 7 Res. #5342, supporting Proposition 138 and opposing Proposition 130 Adopted 8 Offer by City of Santa Fe Springs to sell surplus water well site in Downey at 10943 Benfield Ave. Declined 8 Cn. Boggs re keeping Assembly race and Council seat as separate issues 8 Cn. Hayden re citizen complaint involving lack of police response to burglary call; negative City letter sent to residents on 9300 block of Parrot St. and • early (4 :30 a.m.) street sweeping on same block 8 Cn. Brazelton re deterrents to control graffiti 8 Cn. Cormack re concern with AB4242 pertaining to Regional Government; request Council consideration of resolution in opposition Placed on next agenda 8. Adjourned in memory of Betty Kilpatrick, long-time Downey resident and former School Board Member 9 Meeting adjourned to: 6:30 p.m., October 9, 1990 9 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 25, 1990 The City Council of the City of Downey held a regular meeting at 7:30 p.m., September 25, 1990, in the Council Chamber of the Downey City Hall, Mayor Roy L. Paul presiding. PRESENT: Council Members: ,.� Roy L. Paul Mayor Barbara J. Hayden Mayor Pro Tem Diane P. Boggs Robert G. Cormack Robert S. Brazelton ALSO PRESENT: Lee Powell, Acting City Manager Peter Thorson, City Attorney Judith McDonnell, City Clerk Ken Farfsing, Assistant City Manager Ron Irwin, Fire Chief James Jarrett, Director of Community Services Victoria Jenkins, City Librarian Clayton Mayes, Police Chief William Ralph, Director of Public Works Art Rangel, Community Development Director Robert Messinger, Assistant to the City Manager Ed Velasco, Housing Manager Ron Yoshiki, City Planner Marco Martinez, Associate Planner Cindi Apidgian, Executive Secretary PRESENTATIONS Mayor Paul presented a Certificate of Appreciation to Anthony Andrew Otero �-, in recognition of his attainment of Eagle Scout. HEARINGS: Mayor Paul opened the Public Hearing on APPEAL, ZONE VARIANCE NO. 90 - 31, FOR PROPERTY LOCATED AT 9325 CORD AVENUE which was continued from the regular meeting of September 11, 1990. Mr. Rangel summarized the staff report, recommending the options of either denying the Appeal and approving the Zone Variance, or approving the Appeal and modifying the Zone Variance conditions. He narrated a brief slide presentation of the subject and surrounding properties. Ms. McDonnell advised that written correspondence had been received in support of the Zone Variance from: Martha Panzich, 9247 Cord Ave.; Elvera Arias, 9241 Cord Ave.; Fand and Ikhlas Rizk, 9319 Cord Ave.; Karen Davis, 9314 Eglise; and Verne Molholm, 9403 Gallatin Rd. It was moved by Council Member Hayden, seconded by Council Member Boggs, and so ordered to receive and file. Council Minutes 9/25/90 - 908 (o Mayor Paul asked the applicant to come forward and present his case. Mr. Gilbert Hasler, 9325 Cord Ave., requested Council uphold the Zone Variance approval granted by the Planning Commission. He discussed various other developments throughout the City that do not have sidewalk requirements, citing the need for equality on conditions imposed. Copies of an estimate in the amount of $3993 for sidewalk installation on the subject property were distributed. Mayor Paul called for those present in the audience who wished to speak in favor of the Zone Variance. Mr. George Thierjung, 9460 Gallatin Rd., stated installation of a sidewalk on this property would destroy the rural beauty of the neighborhood. f I Mr. Harlow Sauder, 9314 Cord Ave., commented that based on the low amount of foot traffic in the area and protruding tree roots, sidewalks are an unnecessary hazzard. Mayor Paul called for those present in the audience who wished to speak in opposition to the Zone Variance. There was no response. It was moved by Council Member Hayden, seconded by Council Member Boggs, and so ordered to close the hearing. Council Member Brazelton stated as a matter of course, sidewalks are required in a Zone Variance approval, and careful consideration should be given to setting a different precedent. Since there are already sidewalks in the area and based upon the expense of the overall project, sidewalk installation would be a reasonable condition. Council Cormack ' Cou c Member Co mac encouraged maintaining n� ng the appearance of rural neighborhoods throughout the City, noting that sidewalks should not be required in an area where the majority of residents oppose their presence. Council Member Hayden concurred, recommending an agreement be made with the applicant for the future installation of sidewalks when the majority of r residents in the area make this request. Council Member Boggs commented on the need for a sidewalk and handicap ramp along the property frontage facing Gallatin Rd. 9 Y 9 9 Further discussion ensued regarding the aesthetics of sidewalks in the area. Mayor Paul noted when a Zone Variance is requested, conditions are required as part of the approval, since the applicant is receiving a special benefit by virtue of the approved Zone Variance. He supported the decision of the Planning Commission, agreeing that a sidewalk in this case would not be appropriate. Council Minutes 9/25/90 -2- 0 903 RESOLUTION NO. 5343 A RESOLUTION OF THE CITY COUNCIL OF-THE CITY OF DOWNEY DENYING THE APPEAL AND APPROVING ZONE`VARIANCE NO. 90 -31 The Resolution was read by title only. It was moved by Council Member Cormack, seconded by Council Member Boggs, and carried by the following vote to waive further reading and adopt. AYES: 3 Council Members: Hayden, Paul, Cormack NOES: 2 Council Members: Boggs, Brazelton Prior to the foregoing vote, it was moved by Council Member Hayden and seconded by Mayor Paul to amend the original motion by including a requirement for a future agreement to install sidewalks along the Gallatin Road frontage of the property when the majority of residents make this request. Mr. Hasler clarified he would agree to this condition if it pertains to the area easterly of Cord Avenue on Gallatin Road. Council Member Boggs questioned the status of the petition process whereby a majority of residents could request sidewalks in their area. After further discussion regarding procedures for requesting sidewalks, Council Member Hayden withdrew her amendment with the consent of the second, noting an agreement was not necessary. Mayor Paul opened the PUBLIC HEARING ON CODE AMENDMENT ESTABLISHING HISTORIC PRESERVATION STANDARDS. Mrs. McDonnell affirmed the proof of publication. It was moved by Council Member Cormack, seconded by Council Member Brazelton, and so ordered to receive and file. Mr. Farfsing summarized the staff report, recommending rescission of Ordinance No. 895 which imposed a moratorium on demolishing certain historical ,... residences, and adoption of historic preservation standards pertaining to resources eligible for the National Register of Historic Places. He clarified the Ordinance would affect three properties at this time. There was no corresondence received on this matter. Mayor Paul called for those present in the audience who wished to speak in favor of the proposed Code Amendment. Mr. Joseph Cassik, 9320 Hanna Ave., Chatsworth, real estate officer representing McDonald's Corporation, explained this company is currently in the process of acquiring McDonald's restaurant at the southwest corner of Lakewood Boulevard and Florence Avenue from the operator. He expressed their desire to preserve the structure and encouraged adoption of this Ordinance to aid in protecting historical landmarks such as this McDonald's restaurant. Council Minutes 9/25/90 -3- ,.0-, 9o8 { Council Member Hayden questioned whether McDonald's Corporation desired to operate the restaurant in the current location, and was informed that another location of similar quality would be considered if certain compensations could be agreed upon. Should this Ordinance not be passed, the building would be demolished; however, the arches may be salvaged and housed at the McDonald's museum in Ill ino.is. Mr. Roger Lawrence, 9627 Cheddar St., advocated preservation of historical landmarks for the appreciation of future generations. Mr. Robert Balvenik, 403 Centralia St., Lakewood, commented people travel many miles to see this historic McDonald's restaurant which should be preserved as part of the past. Mr. Scott Temple, former Mayor and Council Member, noted preservation guidelines must be followed to protect historical landmarks, and advocated progression along with preservation. Mayor Paul called for those present in the audience who wished to speak in opposition to the proposed Code Amendment. Mr. Stanley Lamport, 2049 Century Park East, Los Angeles, attorney representing Pep Boys, explained that Pep Boys owns the property on which McDonald's restaurant is located. He questioned the fairness of applying preservation eligibility standards when landowners do not wish to have their properties considered as historical landmarks. The proposed Ordinance imposes a significant financial burden on the property owner and strictly regulates the uses allowed on his property. • Dr. Gary McCaughan, 7918 Eighth St. , expressed opposition to the proposed requirements on residential landowners that have not consented to have their property become a protected historical landmark. A tremendous financial burden is imposed on the property owner, resulting in a definite abridgment of private property rights. Mayor Paul asked for those present who wished to speak in rebuttal. Mr. Cassik noted McDonald's Corporation has offered to purchase the property owned by Pep Boys at fair market value; support of this Ordinance is not an attempt to gain an unfair advantage in negotiations. Mr. Lamport objected to discussing property negotiations which are a private matter. He reiterated the unfair requirements of the proposed Ordi nance. It was moved by Council Member Cormack, seconded by Council Member Brazelton, and so ordered to close the hearing. ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING ORDINANCE N0. 895 IMPOSING A MORATORIUM ON THE ISSUANCE OF DEMOLITION PERMITS FOR ALL RESIDENCES BUILT PRIOR TO 1939 AND CAPABLE OF FURTHER DEVELOPMENT • Council Minutes 9/25/90 -4- • 9 08 c1 The Ordinance was read by title only. It was moved by Council Member Brazelton, seconded by Council Member Boggs, and unanimously carried to waive further reading and introduce. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, STATE OF CALIFORNIA, ADOPTING HISTORIC PRESERVATION STANDARDS FOR CERTAIN CULTURAL RESOURCES ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES AND APPROVING OF A NEGATIVE DECLARATION It was moved by Council Member Boggs and seconded by Council Member Brazelton to waive further reading and introduce. Council Member Cormack stated he had no objection to preserving historical landmarks if the public supported the program. However, an Ordinance should not be passed imposing financial burdens on landowners. He recommended further refinement of the Ordinance to offer more protection to the property owner. Discussion ensued regarding restrictions contained in the Ordinance that would affect property owners. Council Member Boggs requested continuance of this matter to allow staff time to address the concerns expressed. She agreed the City should not pass an Ordinance that will impact the financial value of private property; however, an obligation exists to preserve the past. Mayor Paul encouraged prompt action on this matter, noting a time delay could result in losing some historical landmarks. With regard to requiring preservation standards and owner's consent, a property owner would have an opportunity to present his case before the Planning Commission prior to a final decision being made. It was moved by Council Member Cormack, seconded by Council Member Brazelton, and carried by the following vote to amend the motion by deleting all references in the Ordinance nance to residential properties that are not already on the National Register of Historic Places: AYES: 3 Council Members: Hayden, Brazelton, Cormack NOES: 2 Council Members: Boggs, Paul Prior to the foregoing vote, Council Member Boggs commented she would prefer retaining residences in the Ordinance in order to protect historic homes. For clarification of the amended language, Mr. Thorson read Section 9145.04 Applicability and Section 9145.10 - Planning Commission Review. The original motion to waive further reading and introduce as amended was carried by the following vote. AYES: 4 Council Members: Boggs, Hayden, Brazelton, Cormack NOES: 1 Council Member: Paul Mayor Paul requested staff review the Ordinance to address the concerns discussed. Council Minutes 9/25/90 -5- 90q The meeting recessed at 9 :16 p.m. and reconvened at 9 :25 p.m. ORAL COMMUNICATIONS Ms. Catherine Bobbitt, 13208 Barlin, inquired regarding the status of the traffic signal on the corner of Barlin and Gardendale, including traffi c enforcement in the area. Council Member e Boggs commented on a recent meeting with concerned citizens in the area and advised a four -way stop sign will be installed on the corner in the next 72 hours. This stop sign will afford some protection until the traffic signal is installed by Caltrans prior to the end of the year. Chief Mayes advised increased traffic enforcement will continue in that area, and pledged to work closely with PTA, staff and residents on this problem. Mr. Kenny Clark, 7508 Rundel l , spoke regarding graffiti along the railroad easement property. He commended City efforts in controlling graffiti through the Teens Against Graffiti Program and encouraged community support to fight the problem. Mr. Brad Gaston, 10516 Chaney, emphasized volunteerism as the key in fighting the graffiti problem. He expressed appreciation for City efforts in removing graffiti, specifically citing quick response time when graffiti is reported. ITEMS REMOVED FROM THE CONSENT CALENDAR Agenda Item VI - - 2, OFFER BY THE CITY OF SANTA FE SPRINGS TO SELL SURPLUS WATER WELL SITE IN DOWNEY AT 10943 BENFIELD AVENUE was removed by Mayor Paul. It was moved by Council Member Hayden, seconded by Council Member Boggs, and unanimously carried to waive further reading of the Resolutions and approve the remainder of the Consent Calendar as recommended: MINUTES: ADJOURNED AND REGULAR MEETINGS, SEPTEMBER 11, 1990: Approve. CASH CONTRACT NO. 545 - DOWNEY COMMUNITY SWIMMING POOL: Appropriate $12,500 for use on this project; approve Change Orders No. 7 through 19 at a cost of $8,796.25; and accept improvements and joint maintenance responsibility with Downey Unified School District for improvements constructed: Approve. WARRANTS ISSUED: #27790 - 28138, $719,367.46: Approve. APPROPRIATION ADJUSTMENTS in the amount of $144,830.18 for expenditures budgeted, ordered, and encumbered in Fiscal Year 1989 -90 but not delivered nor paid until after June 30, 1990: Approve. RESOLUTION NO. 5338 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING NEM SALARY RANGES FOR EXECUTIVE MANAGEMENT Council Minutes 9/25/90 -6- '—] 9 o0 RESOLUTION NO. 5339 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO VACATE A PORTION OF TRUE AVENUE THAT IS APPROXIMATELY 110 FEET SOUTHERLY OF THE INTERSECTION OF TRUE AVENUE AND METRO STREET AND LYING EASTERLY OF A LINE THAT IS PARALLEL WITH AND THIRTY FEET EASTERLY OF THE CENTERLINE OF TRUE AVENUE (SET HEARING FOR OCTOBER 23, 1990) RESOLUTION NO. 5340 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESTRICTING PARKING AT ALL TINES ALONG THE EAST SIDE OF DOLAN AVENUE FROM CHEROKEE DRIVE TO SEVENTH STREET FOR A SIX MONTH TRIAL PERIOD RESOLUTION NO. 5341 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF BARBARA RILEY TO THE LIBRARY ADVISORY BOARD FOR COUNCILMANIC DISTRICT TWO ADMINISTRATIVE REPORTS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, URGING THE LEAGUE OF CALIFORNIA CITIES, CONTRACT CITIES ASSOCIATION, AND THE INDEPENDENT CITIES ASSOCIATION TO ADOPT A POSITION SUPPORTING THE CONCEPT THAT CITY ATTORNEYS SHOULD NOT REPRESENT CLIENTS AGAINST CITIES The Resolution was read by title only. It was moved by Council Member Hayden and seconded by Council Member Cormack to waive further reading and adopt. AYES: 2 Council Members: Hayden, Cormack NOES: 3 Council Members: Boggs, Brazelton, Paul Motion FAILED. Prior to the foregoing vote, Council Member Hayden expressed her support of P PP the Resolution restricting city attorneys from representing clients against cities. Council Member Boggs expressed concern with limiting the rights of city 9 9 y attorneys. Council Member Brazelton concurred, stating attorneys have the ability to discern whether a conflict of interest exists in their P ractice. Mayor Paul agreed these restrictions should not be placed on attorneys' rights to represent clients. Council Minutes 9/25/90 -7- 9 �4 ? RESOLUTION NO. 5342 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING PROPOSITION 138 AND OPPOSING PROPOSITION 130 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. OTHER BUSINESS - Items Removed from the Consent Calendar: OFFER BY THE CITY OF SANTA FE SPRINGS TO SELL SURPLUS WATER WELL SITE IN DOWNEY AT 10943 BENFIELD AVENUE Mayor Paul inquired whether this site could be salvaged at a reasonable cost and was informed the well caved -in long ago. Estimates reflect unreasonable expenses in re- activating the system. It was moved by Council Member Brazelton, seconded by Council Member Hayden, and unanimously carried to decline the offer. OTHER BUSINESS - City Council Members: Council Member Boggs pledged to keep her Assembly campaign and City Council seat as separate issues. Council Member Hayden reported on a citizen complaint involving lack of police response to a burglary call. Staff was directed to look into this matter. Council Member Hayden requested the City Manager investigate a recent incident involving a negative City letter sent to approximately 20 residents on the 9300 block of Parrot Avenue, and a recent early morning (4:30 a.m. ) street sweeping on the same block. Council Member Brazelton inquired whether there were further deterrents available to control the graffiti problem. Mr. Thorson advised graffiti offenses are misdemeanors under state law, preempting further City actions. He recalled the recently adopted Ordinance which offers a reward for the apprehension and conviction of an offender. Council Member Cormack expressed opposition to Assembly Bill 4242 regarding the concept of regional government. He asked for a show of support at an upcoming meeting to be held September 27, 1990 at 7:30 p.m. in Lynwood pertaining to this issue and requested Council consideration of a resolution opposing regional government. Council Member Boggs concurred, noting this would be an additional layer of government that would supersede city actions, particularly in building and zoning matters. . i Council Minutes 9/25/90 -8- e-] 90n Council Member Hayden requested constant updates on this issue from the City's lobbyist. This matter will be placed on the next agenda. ADJOURNMENT: 10:04 p.m. The meeting was adjourned in memory of Betty L. Kilpatrick, long -time Downey resident and former School Board member. 9 1 f i (1, e etZ ' - / 1 n-- ith E. McDonne , City Clerk Roy L. P , Mayor ( •--, • Council Minutes 9/25/90 -9- .