HomeMy WebLinkAboutMinutes-03-12-91-Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
MARCH 12, 1991
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Proclamation re DeMolay Week 1
Fees for City Services Deferred to
Budget time 2
Res. #5410 approving General Plan Amendment #90 -83
(12433 & 12432 Parrot Ave.;
12444 & 12450 Paramount Blvd.) Adopted 3
Res. #5411 approving General Plan Amendment #90 -105
(11400 -11432 Paramount Blvd.) Adopted 4
Ord. approving Zone Change #90 -104
(11400 -11432 Paramount Blvd.) Introduced 4
Items Removed from Consent Calendar 4
Minutes: Adj. & Reg. Mtgs., 2/26/91 Approved 4
Cash Contract #SS383 (FAU) - Woodruff Ave.
a. Program Supplement #28 & #29 Approved 5
b. Res. #5412 approving Program Supplement #28 &
#29 to Agreement for Street Improvements Adopted 5
c. Budget adjustments between existing funding
sources Approved 5
d. Award contract contingent upon CALTRANS
approval to Valverde Const., Inc. Approved 5
I"'"% Warrants Issued: #32952 -33424 Approved 5
Interfund transfer to correct prior year miscoding
& appropriation for Fire VHF system Approved 5
Closure of Third St. for Business Exposition
(4/24/91 - 4/25/91) Approved 5
Library Automation Consultant Agreement with
RMG Consultants Approved 5
Amendment to Downey Municipal Code re family
day care homes and child care standards Set hrg. 3/26/91 5
Appeal, Tentative Parcel Map #22194
(10935 Little Lake Rd.) Set hrg. 3/26/91 5
Page 1 of 2
COUNCIL MINUTES, MARCH 12, 1991
TABLE OF ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Commercial, refuse permit to Perdomo & Sons, Inc.
for McDonalds Restaurants Approved 5
Downey Improvement Project #731 -733 for sidewalk,
curb & gutter improvements at 3 locations on
Firestone Blvd. - initiation of Chapter 27
proceedings & allocation of funds Approved 5
Review of Sign Code requirement for multi- tenant
buildings Referred to staff 6
Lennie Whittington re payment procedure for Charter
Review Comm. Recognition dinner; unsightly air
conditioning unit on top of Downey Art Museum 6
Judy Jacobson re need for improved communication
between Code Enforcement and the public 6
Report on Senior Housing - Initiation of Housing
Ordinance Approved 7
Exchange of Prop. A Funds for City of Commerce Approved; to be returned
General Funds at a rate of 60$ or greater for final approval 7
Imperial School Child Care - custodial service
charges Approved 7
Tract Map #48168 (11701 Rives Ave.) Cont. to 3/26/91 7
Res. #5413 approving retirement program for Public
Works Director Adopted 8
Cn. Brazelton re Ordinance to bring into conformance
Zone Exception Cases regarding signs throughout City 8
Cn. Hayden re status on property at 11234 Nash Ave. 8
Cn. Boggs re lack of restrooms /water fountains Staff to prepare letter
planned for Light Rail Station in Downey in opposition 8
Cn. Brazelton re legislation prohibiting issuance Staff to prepare letter
of Occupancy Certificates if leins against property in opposition 8
Cn. Boggs re appreciation for superb job done by
Mr. Ralph in his years with City 8
Adjourned in memory of Ms. Ruth Vincent, wife of John
Vincent, President of Downey Historical Society 9
Meeting adjourned to: 6:30 p.m., March 26, 1991 9
Page 2 of 2
9 2 0 0
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
MARCH 12, 1991
The City Council of the City of Downey held a regular meeting at 7:39 p.m.,
March 12, 1991, 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 S. Brazelton
Robert G. Cormack
ALSO PRESENT: Gerald M. Caton, City Manager
Peter Thorson, City Attorney
Judith McDonnell, City Clerk
Ken Farfsing, Assistant City Manager
Lee Powell, Assistant City Manager
Ron Irwin, Fire Chief
Jim Jarrett, Director of Community Services
Clayton Mayes, Police Chief
William Ralph, Director of Public Works
Art Rangel, Director of Community Development
Lowell W i l l i a m s , Director of Finance
Ron Yoshiki, Asst. Director of Community Dev. /City Planner
Ray Crawford, Fire Marshall
William Makshanoff, Building Official
Robert Messinger, Assistant to the City Manager
June Yotsuya, Assistant to the City Manager
Laura Wilson, Administrative Assistant
Cindi Apidgian, Executive Secretary
PRESENTATIONS
Mayor Paul presented a Proclamation declaring the week of March 11 -17,
1991 as " DeMolay Week" to Dana Hess, Master Councilor of the Tyre Chapter of
the International Order of DeMolay.
HEARINGS:
Mayor Paul opened the public hearing on FEES FOR CITY SERVICES which was
continued from the meeting of February 26, 1991.
Mr. Powell summarized the staff report, recommending adoption of a revised
uniform schedule of fees.
No correspondence was received on this matter.
There was no one present in the audience to speak in favor of the proposed
schedule of fees.
Council Minutes 3/12/91 -1-
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920
Mayor Paul called for those present in the audience who wished to speak in
opposition.
Mr. Lennie Whittington, 8542 Manatee St., expressed opposition to raising
fees as a means to contend with City budget problems.
I t was moved by Council Member Cormack, seconded by Council Member Boggs,
and unanimously carried to close the public hearing.
Council Member Hayden recommended deferring consideration of this matter
until the budget study session since the majority of revenue derived from these
fees will not be collected until next year.
Council Member Boggs expressed concern with certain fees, specifically
those for candles lit during special events and mall use for assembly. She
agreed with Council Member Hayden's suggestion to consider the fee schedule
during the budget process.
Council Member Cormack voiced opposition to any new fees and advocated
prudent City spending.
Council Member Brazelton concurred with the suggestion to consider the fee
schedule during the budget review process, noting that more information on the
City's projected and realized revenue may be available at that time.
Mayor Paul expressed opposition to any increase in fees at this time, and
requested a chronological report on past fee increases when this item is
returned during budget study sessions.
It was moved by Council Member Cormack, seconded by Council Member Boggs,
and unanimously carried to defer consideration of the proposed schedule of fees
until the budget study session.
Mayor Paul opened the public hearing on GENERAL PLAN AMENDMENT NO. 90 -83,
12444 AND 12450 PARAMOUNT BOULEVARD; 12432 AND 12433 PARROT AVENUE.
Ms. McDonnell affirmed the proof of publication which was received and
filed.
Council Member Brazelton advised he will be abstaining from this matter
due to a possible conflict of interest resulting from his former law firm
representing the applicants in the past. He vacated his seat accordingly.
Mr. Rangel summarized the staff report, recommending approval of the
proposed General Plan Amendment. He narrated a brief slide presentation of the
subject area.
No correspondence was received on this matter.
Mayor Paul called for those present in the audience who wished to speak in
favor of the proposed General Plan Amendment.
Mr. Paul DeGerolami, 11829 Downey Ave., noted he is one of the project
applicants and . requested rebuttal time should there be opposition.
Council Minutes 3/12/91 -2-
, 9202
There was no one present in the audience to speak in opposition.
It was moved by Council Member Cormack, seconded by Council Member Hayden, and so ordered to close the public hearing.
Hayden,
RESOLUTION NO. 5410
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING
GENERAL PLAN AMENDMENT NO. 90 -83 AMENDING THE HOUSING CHAPTER OF THE
GENERAL PLAN BY EXPANDING SECOND UNIT DEVELOPMENT AREA NO. 17 FOR PROPERTIES
LOCATED AT 12433 AND 12432 PARROT AVENUE, AND 12444 AND 12450 PARAMOUNT
BOULEVARD, DOWNEY AND RECOMMENDING CERTIFICATION AND APPROVAL OF THE
NEGATIVE DECLARATION
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: 4 COUNCIL MEMBERS: Boggs, Hayden, Cormack, Paul
ABSTAIN: 1 COUNCIL MEMBERS: Brazelton
Prior to the foregoing vote, Council Member Boggs clarified that this
approval will give the full legal use of these large residential properties to
the property owners involved.
Council Member Hayden questioned whether any development on this site
y �
would adversely affect the current water situation and was informed the water
supply is adequate to service this area.
Council Member Brazelton resumed his Council seat.
Mayor Paul opened the public hearing on GENERAL PLAN AMENDMENT NO. 90 -105/
ZONE CHANGE NO. 90 -104 FOR PROPERTY LOCATED AT 11400 -11432 PARAMOUNT BOULEVARD.
Ms. McDonnell affirmed the proof of publication which was received and
filed.
Mr. R '
angel summarized the staff report, recommending approval of the
proposed General Plan Amendment and introduction of the Zone Change Ordinance.
There was no correspondence received on this matter.
Mayor Paul called for those present in the audience who wished to speak in
favor of the proposed General Plan Amendment and Zone Change.
Ms. Myrtle Risley, 7938 Phlox St., expressed her support of the P ro J 'ect
_
and discussed the need for a clear sidewalk in front of the auto dealership as
a safety feature.
There was no one present in the audience to speak in opposition.
It was moved by Council Member Hayden, seconded by Council Member
y be
Brazelton, and so ordered to close the public hearing.
Council Minutes 3/12/91 -3-
920
RESOLUTION NO. 5411
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING
THE LAND USE CHAPTER OF THE GENERAL PLAN BY CHANGING THE LAND USE
DESIGNATION FROM LIGHT MANUFACTURING TO GENERAL COMMERCIAL FOR
THE EVEN NUMBERED PROPERTIES LOCATED AT 11400 -11432 PARAMOUNT BOULEVARD
DOWNEY, AND CERTIFYING AND APPROVING THE NEGATIVE DECLARATION
It was moved by Council Member Cormack, seconded by Council Member Boggs,
and unanimously carried to waive further reading and adopt.
Prior to the foregoing vote, discussion ensued regarding the City's legal
right to address the sidewalk issue at this time. It was clarified that the
properties listed under the proposed Zone Change and General Plan Amendment do
not include the sidewalk area previously discussed.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY CHANGING
THE ZONING CLASSIFICATION OF THE EVEN NUMBERED PROPERTIES LOCATED AT
11400 -11432 PARAMOUNT BOULEVARD TO C -2 (GENERAL COMMERCIAL) AND
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DOWNEY TO REFLECT
SUCH CHANGE OF ZONE (ZONE CHANGE NO. 90 -104)
The Ordinance was read by title only. It was moved by Council Member
Cormack, seconded by Council Member Hayden, and unanimously carried to waive
further reading and introduce.
ITEMS REMOVED FROM THE CONSENT CALENDAR
Council Members Boggs and Brazelton advised they w i l l be abstaining from
voting on Agenda Item VI- A -1,2: COUNCIL MINUTES, ADJOURNED AND REGULAR
MEETINGS, FEBRUARY 26, 1991, as they were absent from this meeting.
Agenda Item VI -E -2, EXCHANGE OF PROPOSITION A FUNDS, Agenda Item VI -E -5,
IMPERIAL SCHOOL CHILD CARE CUSTODIAL CHARGES, and Agenda Item VI -F -2,
RETIREMENT PROGRAM FOR PUBLIC WORKS DIRECTOR, were removed by Council Member
Boggs.
Agenda Item VI -F -1, TRACT MAP NO. 48168, 11701 RIVES AVENUE, was removed
by Mr. Robert Deere.
Agenda Item VI -F -2, RETIREMENT PROGRAM FOR PUBLIC WORKS DIRECTOR, was also
removed by Mr. Lennie Whittington.
CONSENT CALENDAR
It was moved by Council Member Brazelton, seconded by Council Member
Hayden, and unanimously carried to waive further reading of the Resolutions and
approve the remainder of the Consent Calendar as recommended (Council Members
Boggs and Brazelton abstaining from voting on the Minutes, Adjourned and
Regular Meetings, February 26, 1991):
MINUTES: ADJOURNED AND REGULAR MEETINGS, FEBRUARY 26, 1991: Approve.
Council Minutes 3/12/91 -4-
2 0 4
CASH CONTRACT NO. SS383 (FAU), WOODRUFF AVENUE:
a. Program Supplement 128 and #29 to Master FAU Agreement: Approve.
b. RESOLUTION NO. 5412 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
PROGRAM SUPPLEMENT NOS. 28 AND 29 TO THE CITY OF DOWNEY /STATE
AGREEMENT NO. 07 -5334 FOR THE CONSTRUCTION OF STREET IMPROVEMENTS
PURSUANT TO THE FEDERAL -AID URBAN SYSTEMS ACT
c. Budget adjustments between existing funding sources: Approve.
d. Award construction contract contingent upon CALTRANS approval to
Valverde Construction Inc. in the amount of $398,127.00: Approve.
WARRANTS ISSUED: 132952- 33424, $1,064,872.00: Approve.
INTERFUND TRANSFER to correct prior year miscoding in the amount of
$116,336 from the General Fund to the Capital Project fund, and appropriation
of $38,564 for the Fire VHF system: Approve.
REQUEST CLOSURE OF THIRD STREET FOR BUSINESS EXPOSITION from 6:00 p.m. on
Wednesday, April 24, 1991 until 12 :00 midnight on Thursday, April 25, 1991:
Approve.
LIBRARY AUTOMATION CONSULTANT AGREEMENT SERVICES WITH RMG CONSULTANTS,
INC. regarding the Library Automation Program at a cost of $4,832: Approve.
AMENDMENT TO DOWNEY MUNICIPAL CODE REGARDING FAMILY DAY CARE HOMES AND
CHILD CARE STANDARDS: Set hearing for 7:30 p.m., March 26, 1991 in the Downey
City Council Chamber.
APPEAL, TENTATIVE PARCEL MAP NO. 22194, 10935 LITTLE LAKE ROAD: Set
hearing for 7 :30 p.m., March 26, 1991 in the Downey City Council Chamber.
COMMERCIAL REFUSE PERMIT TO PERDOMO AND SONS, INC. FOR MCDONALDS
RESTAURANTS for recycling purposes: Approve.
DOWNEY IMPROVEMENT PROJECT NOS. 731 -733 FOR SIDEWALK, CURB AND GUTTER
IMPROVEMENTS AT THREE LOCATIONS ON FIRESTONE BOULEVARD - INITIATION OF CHAPTER
27 PROCEEDINGS AND ALLOCATION OF FUNDS in the amount of $1,500 and authorize
Public Works Department to proceed with completion of improvements: Approve.
ADMINISTRATIVE REPORTS
REVIEW OF SIGN CODE REQUIREMENT FOR MULTIPLE TENANT OFFICE BUILDINGS
Mr. Rangel summarized the staff report, addressing the signing needs of
businesses located within multi - tenant office buildings. He narrated a brief
slide presentation depicting such an office building with all possible signage
allowed.
Council Member Hayden suggested a monument sign may afford the needed
recognition to these types of establishments.
Council Minutes 3/12/91 -5-
111;
Council Member Boggs mentioned she worked on the Sign Ordinance as a
Chamber of Commerce representative in past years and stated the problem appears
to be in the designation and signage allowed on commercial and professional
buildings.
Council Member Brazelton noted his work on the Sign Ordinance as a
Planning Commissioner and favored maintaining the current standards with the
Variance procedure available to consider specific cases. He discussed the
current problems with slow enforcement and the need to address the many Zone
Exception Cases throughout the City.
Council Member Cormack stated his opposition to changing the Sign
Ordinance, noting the Variance procedure should be utilized if needed.
Mayor Paul expressed his desire to consider signing modifications for
multi- tenant buildings without further changing the Sign Ordinance.
Ms. Judy Jacobson, 8635 Florence Ave., explained the need for tenant
identification signs on her building. She discussed signage allowed under the
Sign Ordinance based on a building's commercial or professional designation.
Discussion ensued regarding the Appeal process and the current status of
Zone Exception cases.
Mayor Paul directed staff to return with further information and
alternatives to the signage problem affecting professional, multi- tenant
buildings as discussed.
ORAL COMMUNICATIONS
Mr. Lennie Whittington, 8542 Manatee St., distributed copies of the
Charter Review Committee recognition dinner receipt and discussed the payment
procedure for this dinner. He also expressed concern with the unslightly air
conditioning unit on top of the Downey Museum of Art building, suggesting this
equipment be screened from view.
Ms. Judy Jacobson, 8635 Florence Ave., discussed the need for improved
communication between the public and Code Enforcement officers as indicated by
a recent problem she has experienced.
ADMINISTRATIVE REPORTS (Continued)
REPORT ON SENIOR HOUSING DEVELOPMENTS IN DOWNEY
Mr. Rangel summarized the staff report, recommending initiation of a
Senior Housing Ordinance.
Council Member Boggs voiced concern with high density housing and the
criteria used for labeling "senior" developments.
Council Member Hayden noted that any change in use should result in a
structural conversion to larger units.
Council Member Brazelton expressed opposition to high density housing and
the resulting cluttered appearance, parking and police problems.
Council Minutes 3/12/91 -6-
Mayor Paul agreed that the needs of seniors are not being met by higher
density housing and advocated re- examining the issue.
Mr. Lennie Whittington, 8542 Manatee St., discussed size and location of
senior housing and the lack of affordable homes for senior citizens.
Mayor Paul directed staff to initiate the Housing Ordinance, addressing
the concerns expressed.
OTHER BUSINESS - Items Removed from the Consent Calendar:
EXCHANGE OF PROPOSITION A FUNDS FOR CITY OF COMMERCE GENERAL FUNDS
Council Member Boggs questioned the rate exchange on these funds and was
informed the current rate is approximately 60 cents per dollar. She suggested
assessing the transit needs study prior to authorizing an exchange of funds.
Council Member Hayden stated her preference to know the exact rate of
exchange before deciding on this issue.
Mr. Caton advised staff will further negotiate the exchange of funds and
return to Council with final rate information.
It was moved by Council Member Cormack, seconded by Council Member Hayden,
and carried by the following vote to direct staff to proceed with the exchange
of Proposition A funds at a rate of 60 cents or better per dollar, returning
this information to Council for final approval:
AYES: 4 COUNCIL MEMBERS: Boggs, Hayden, Brazelton Cormack
NOES: 1 COUNCIL MEMBERS: Paul
Prior to the foregoing vote, Mayor Paul expressed opposition to any
discount exchange of Proposition A funds.
IMPERIAL SCHOOL CHILD CARE - CUSTODIAL SERVICE CHARGES
Council Member Boggs requested this approval also apply to future
custodial service charges of this type.
I t was moved by Council Member Boggs, seconded by Council Member Cormack,
and unanimously approved to authorize use of Child Care registration fees to
pay for custodial services during holiday periods on an ongoing basis when
District Personnel are not assigned to the facility.
TRACT MAP 11O. 48168, 11701 RIVES AVENUE
Mr. Ralph advised new information was received regarding property lines
and staff requests continuance of this item to properly review the material.
It was moved by Council Member Hayden, seconded by Council Member Boggs,
and unanimously carried to continue consideration of final map approval on
Tract Map No. 48168 to 7:30 p.m., March 26, 1991 in the Downey City Council
Chamber.
Council Minutes 3/12/91 -7-
•
u, 2 RESOLUTION NO. 5413
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE RETIREMENT PROGRAM FOR THE PUBLIC WORKS DIRECTOR
Council Member Boggs questioned the status of planned water endeavors,
specifically the Reclamation Project, noting the future loss of Mr. Ralph's
expertise in these matters.
Mr. Caton advised Mr. Ralph will be working in the private sector where
the City may continue to benefit from his knowledge.
Mr. Ralph stated the Reclamation Project is currently underway with
construction to begin shortly.
Mr. Lennie Whittington, 8542 Manatee St., spoke regarding the monthly
9 9 y
salary of the Public Works Director.
The Resolution was read by title only. It was moved by Council Member
Cormack, seconded by Council Member Hayden, and unanimously carried to waive
further reading and adopt.
OTHER BUSINESS - Council Members:
Council Member Brazelton requested staff initiate an Ordinance to bring
into conformance the many Zone Exception Cases regarding signs throughout the
City.
Council Member Hayden requested the status on property located at
1 234 Nash Avenue.
Council Member Boggs expressed concern that at a recent meeting with
CALTRANS officials, it was mentioned the Light Rail Station in Downey would not
have restrooms or drinking water facilities.
Staff was directed to draft a letter of opposition to area representatives
and the City's lobbyist regarding this matter.
Council Member Brazelton voiced concern regarding legislation introduced
by Assemblyman Bob Epple that prohibits cities from issuing Certificates of
Occupancy if a l i e n against the property exists.
Council Member Boggs requested staff contact surrounding cities in the
area regarding this proposal.
Mayor Paul directed staff to prepare a letter of opposition to Assemblyman
Bob Epple to be returned for all Council Members to sign.
Council Member Boggs voiced appreciation for the superb job done by
Public Works Director Bill Ralph throughout his years with the City.
Mayor Paul expressed the concurrence of Council in wishing Mr. Ralph
success in the private sector.
Council Minutes 3/12/91 -8-
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ADJOURNMENT: 9:25 p.m.
The meeting was adjourned in memory of Ms. Ruth Vincent, wife of John
Vincent, President of. Downey Historical Society to 6 :30 p.m., March 26, 1991 in
the Council Chamber of the Downey City Hall.
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Minutes 3/12/91 -9-