HomeMy WebLinkAboutMinutes-05-28-91-Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
NAY 28, 1991
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Maitk P
Proclamation re Dr. M414ImpeA Hoffer & Douglas
Michael Alba as Special Citizens — Persian Gulf duty 1
Hearing on Administrative Code Interpretation -
Real Estate Signs Withdrawn 2
Downey Improvement Project #731 (7618 Firestone BI.);
Downey Improvement Project #732 (8100 -4 Firestone B1.) ;
Downey Improvement Project #733 (8544 Firestone B1.):
authorize completion of these projects, advertise for
bids, incorporate 120 day time period to complete
each improvement project Approved 2
Items Removed from Consent Calendar 2
Minutes: Adj. & Reg. Mtg., 5/14/91 Approved 2
Warrants Issued: #35687 - 36118 Approved 3
Plaza De La Raza Head Start, Inc. - request to rent
additional space at Apollo Center Approved 3
Agreement for consulting services re FEMA Flood plain
Management Regulations with Ferguson Co. Approved 3
Appropriation to fund unscheduled repairs to City
Hall /Planning Division Approved 3
Appropriation for Cable TV /Public Information Program
to cover charges for Assistant to the City Manager Approved 3
Res. #5435 approving Appeal of Conditional Use Permit
#91 -08 to delete sound wall requirement (7500 Amigos)
per Specific Plan 88 -1 Adopted 3
Res. #5436 describing improvements within Light. Maint.
Dist. A.D.121 for 1991 -92 & ordering Engineer's Report Adopted 3
Res. #5437 approving Engineer's report for assess-
ments within Light. Maint. Dist. A.D.121 for 1991 -92 Adopted 3
Res. #5438 declaring intent to levy & collect assess-
ments within Light. Maint. Dist. A.D.121 for 1991 -92 Adopted; set hrg. 6/25/91 3
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COUNCIL MINUTES, MAY 28, 1991
TABLE OF ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Res. #5439 finding that increasing & improving
community's supply of low & moderate income housing
outside Amendment 5A to Downey Redevelopment Project
is of benefit to project Adopted 3
Ordinance re South Coast Air Quality Management
District to collect & distribute certain fees to r-•,
reduce air pollution from motor vehicles Introduced 4
Budget for Fiscal year 1991 -92 Study Session 6/18/91 4
Resolution re Water Rates Fiscal Year 1991 -92 Cont. to 6 /11/91 5
Mr. Harry Polgar re quality of life in Downey &
penalizing water wasters 5
Mr. Dave Gonsalves re problem with Code Enforcement
& oversized Kung Fu window sign on his property 5
Mr. Willis Leach presented 50 oz. silver bar for safe-
keeping as an award for City's 35th anniversary 5
Low flow showerhead distribution plan - Option One:
$2.00 & $1.25 charge for showerhead kits Approved 5
Letter to L.A. County Transportation Committee Execute letter as
requesting n restrooms at Lakewood Station tat on modified
q 9 6
Supplemental Appropriation - City Attorney Program Approved 6
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9 Pp
Res. re Appeal and approval of Tentative Parcel 2 -2 tie vote; return
Map No. 22194 (10935 Little Lake Rd.) next mtg. 7
Cn. Hayden re budgeting $150,000 /year for 4 years Return with info.
for I -5 Sound Wall s/o Florence Ave. & n/o at Budget Study Session
Cecilia St.
7
Recess to Closed Session 7
Meeting adjourned in memory of Frank O'Neill, designer
of many award - winning Downey Rose Parade Floats 7
Meeting adjourned to: 6 :30 p.m., June 11, 1991 7
Page 2 of 2
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
MAY 28, 1991
The City Council of the City of Downey held a regular meeting at 7 :35 p.m.,
May 28, 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 G. Cormack
ABSENT: Robert S. Brazelton (excused)
ALSO PRESENT: Gerald M. Caton, City Manager
Peter Thorson, City Attorney
Judith McDonnell, City Clerk
Ken Farfsing, Assistant City Manager
Ron Irwin, Fire Chief
Jim Jarrett, Director of Community Services
William Ralph, Director of Public Works
Art Rangel, Director of Community Development
Lowell W i l l i a m s , Director of Finance
Mike Miller, Police Captain
Ron Yoshiki, Asst. Director of Community Dev. /City Planner
William Makshanoff, Building Official
Robert Messinger, Assistant to the City Manager
Richard Redmayne, City Engineer
Ed Velasco, Housing Manager
June Yotsuya, Assistant to the City Manager
William Doebler, Associate Planner
Cindi Api dgi an, Executive Secretary
PRESENTATIONS
Mayor Paul presented a Proclamation to Dr. 444~4 Hoffer and Douglas
Michael Alba declaring them special citizens of Downey for their recent
■i 1 i tary service in the Persian Gulf.
Both servicemen expressed their appreciation for support received from
their community during these difficult times.
HEARINGS
Mayor Paul opened the public hearing on APPEAL OF ADMINISTRATIVE CODE
INTERPRETATION REGARDING REAL ESTATE SIGNS, which was continued from the
meeting of April 9, 1991.
Ms. McDonnell affirmed the proof of publication. It was moved by Council
Member Hayden and so ordered to receive and file.
Council Minutes 5/28/91 -1-
Mayor Paul advised that staff is in receipt of a letter from the
appellant, Mr. Donald Jervis, requesting his Appeal be withdrawn.
It was moved by Council Member Boggs, seconded by Council Member Hayden
and so ordered to withdraw the Appeal of Administrative Code Interpretation
regarding real estate signs as requested by the appellant, Mr. Donald Jervis.
Mayor Paul opened the public hearing on DOWNEY IMPROVEMENT PROJECT
NO. 731, 7618 FIRESTONE BOULEVARD; NO. 732, 8100 -4 FIRESTONE BOULEVARD; AND
NO. 733, 8544 FIRESTONE BOULEVARD.
Ms. McDonnell affirmed the affidavit of posting and notice of mailing. It
was moved by Council Member Boggs and so ordered to receive and file.
Mr. Ralph summarized the staff report, recommending authorization to
complete three specified projects under Chapter 27 of the Streets and Highways
Code and advertise for bids. He discussed the nature of the improvements,
including sidewalks, curbs and gutters.
There was no one to speak in protest to these projects.
Ms. McDonnell advised she is in reciept of a letter from Dr. Tirso del
Junco, one of the property owners affected, in which he requests 120 days to
complete his improvements instead of the 60 day requirement.
It was moved by Council Member Boggs, seconded by Council Member Hayden,
and so ordered to receive and f i l e the correspondence.
It was moved by Council Member Cormack, seconded by Council Member Hayden
and so ordered to close the public hearing.
After further discussion regarding the timeframe for completion, it was
moved by Council Member Hayden, seconded by Council Member Boggs, and
unanimously carried by the Members present to authorize the Engineering
Division to proceed to complete these three projects under Chapter 27 of the
Streets and Highways Code and advertise for bids, incorporating a 120 day time
period to complete each improvement project.
ITEMS REMOVED FROM THE CONSENT CALENDAR
Agenda Item VI -E -2, LETTER TO L.A. COUNTY TRANSPORTATION COMM. (LACTC),
and Agenda Item VI -E -5, SUPPLEMENTAL APPROPRIATION - CITY ATTORNEY PROGRAM,
were removed by Council Member Boggs.
Agenda Item VI -F -1, RESOLUTION APPROVING APPEAL AND TENTATIVE PARCEL MAP
NO. 22194 (10935 LITTLE LAKE ROAD), was removed by Mr. Lee Cook.
CONSENT CALENDAR
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, MAY 14, 1991: Approve.
Council Minutes 5/28/91 -2-
WARRANTS ISSUED: #35687- 36118, $1,042,774.97: Approve.
PLAZA DE LA RAZA HEAD START, INC. - request to rent additional office
space at Apollo Center (rooms 109 and 207) effective July 1, 1991 for a total
income of $5,537.70 per year: Approve.
AGREEMENT FOR CONSULTING SERVICES WITH REGARD TO FEMA FLOODPLAIN
MANAGEMENT REGULATIONS with Ferguson Company at a cost of $21,500: Approve.
APPROPRIATION TO FUND UNSCHEDULED REPAIRS TO CITY HALL /PLANNING DIVISION
to safely install computer cable wires: Approve.
APPROPRIATION FOR CABLE TV /PUBLIC INFORMATION PROGRAM in the amount of
$10,000 to cover charges for the Assistant to the City Manager's time to the
Cable TV /Public Information program: Approve.
RESOLUTION NO. 5435 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
THE APPEAL OF CONDITIONAL USE PERMIT NO. 91 -08, A REQUEST TO
MODIFY A CONDITION OF CONDITIONAL USE PERMIT NO. 287 TO DELETE A
REQUIRED NINE FOOT (9') SOUND WALL ON THE NORTHWEST RESIDENTIAL
PROPERTY LINE FOR THE PROPERTY LOCATED AT 7500 AMIGOS AVENUE, DOWNEY,
PER SPECIFIC PLAN 88 -1
RESOLUTION NO. 5436 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESCRIBING
IMPROVEMENTS WITHIN LIGHTING MAINTENANCE DISTRICT A.D. 121 FOR
THE FISCAL YEAR 1991 -92 AND ORDERING THE ENGINEER TO PREPARE
AND FILE A REPORT
RESOLUTION N0. 5437 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
THE ENGINEER'S REPORT FOR ASSESSMENTS WITHIN LIGHTING
MAINTENANCE DISTRICT A.D. 121 FOR THE FISCAL YEAR 1991 -92
RESOLUTION NO. 5438 (ADOPT)
A RESOLUTION OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO LEVY
AND COLLECT ASSESSMENTS WITHIN LIGHTING MAINTENANCE DISTRICT
A.D. 121 FOR THE FISCAL YEAR 1991 -92
(SET HEARING JUNE 25, 1991)
RESOLUTION NO. 5439 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FINDING
THAT INCREASING AND IMPROVING THE COMMUNITY'S SUPPLY OF LOW AND MODERATE
INCOME HOUSING OUTSIDE THE AREA ADDED BY AMENDMENT 5A TO THE DOWNEY
REDEVELOPMENT PROJECT IS OF BENEFIT TO THE PROJECT
Council Minutes 5/28/91 -3-
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ORDINANCES NOT SET FORTH ABOVE
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DOWNEY ADDING SECTIONS 6180 THROUGH 6183
TO THE DOWNEY MUNICIPAL CODE AUTHORIZING THE SOUTH COAST AIR QUALITY
MANAGEMENT DISTRICT TO COLLECT AND DISTRIBUTE CERTAIN FEES FOR THE
PURPOSE OF REDUCING AIR POLLUTION FROM MOTOR VEHICLES
The Ordinance was read by title only. It was moved by Council Member
Boggs, seconded by Council Member Cormack, and unanimously carried by the
Members present to waive further reading and introduce.
ADMINISTRATIVE REPORTS
FISCAL YEAR 1991 -92 BUDGET: SCHEDULE DATE FOR COUNCIL BUDGET WORKSHOP
SESSION DURING MONTH OF JUNE
Mr. Caton explained the need to schedule a hea 1g to review the
preliminary budget prior to adoption. After further discu. ;on, the consensus of
Council was to schedule the Budget Study Session for 5:00 p.m., June 18, 1991
in the Downey City Council Chamber.
WATER RATES - FISCAL YEAR 1991 -92
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING WATER RATES FOR THE CITY OF DOWNEY AND
RESCINDING RESOLUTION NO. 5379
The Resolution was read by title only.
Mr. Ralph distributed revised copies of this Resolution including
information on meter sizes and charges that were inadvertently omitted from the
original Resolution.
Mr. Ralph summarized the staff report, discussing the increased charges
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from the Central and West Basin Replenishment District and the Metropolitan
Water District. These costs must ultimately be passed on to the consumer,
which will increase water rates by an average of 18 percent. By restructuring
the charges to encourage conservation, a person conserving water at this time
will probably have less than a 1% increase; the bulk of the increase will
affect the larger users. He mentioned the Water Board has analyzed this issue
and recommended approval of the rate increase.
Council Member Hayden requested a copy of the budget of the Central and
West Basin Replenishment District to verify their 98% increase in costs.
Regarding the possibility of water rates decreasing in the future and
passing on the savings to consumers, Mr. Ralph indicated that water costs may
decrease but the increase in clean -up /contamination charges will offset any
savings.
Council Minutes 5/28/91 -4-
After further discussion regarding water unit charges, replenishment needs
and costs, and validity of increased water rates, it was moved by Council
Member Boggs, seconded by Council Member Hayden, and unanimously carried by the
Members present to continue this item to the next meeting of June 11, 1991,
direct staff to draft letters of opposition to local representatives and the
Replenishment District regarding justification for the 98% increase, and
request the presence of a Replenishment District representative at the next
meeting to further discuss the water situation and answer questions on the
subject.
ORAL COMMUNICATIONS
Mr. Harry Polgar, 10010 Pangborn Ave., discussed the quality of life in
Downey and suggested penalizing massive water users.
Mr. Dave Gonsalves, 7850 Kingbee St., spoke regarding problems he is
having with Code Enforcement regarding an oversized Kung Fu window sign on his
building, noting the display is artwork that should be appreciated and not
removed. He discussed communication problems he has experienced with staff and
Council and difficulties with the court system regarding the legality of his
.
sign.
Mr. Farfsing advised he could not comment on this case as it is currently
in litigation through the court system.
Council Member Boggs stated she had not received any messages from
Mr. Gonsalves until today and apologized for the resulting confusion. She
referenced her participation as a member of the Chamber of Commerce during
establishment of the Sign Ordinance and noted that many public meetings were
held for business and citizen input during this time.
Mayor Paul mentioned the Zone Variance procedure as a possible avenue to
pursue in this case.
Mr. Willis Leach, 7823 Fourth P1. representing the Second Century
Foundation, presented a 50 ounce silver bar to the Mayor for safekeeping, which
will be awarded to the winner of the Treasure Hunt event to be held during the
City's 35th anniversary celebration.
ADMINISTRATIVE REPORTS (Continued)
LOW FLOii SHOWERHEAD DISTRIBUTION PLAN
Mr. Ralph summarized the staff report, noting the three options available
for distribution of low flow showerheads.
Council Member Cormack voiced support for Option One: Charge $1.25 for a
one head kit and $2.00 for a two head kit. This would allow the City to cover
costs incurred in the purchase of the kits.
It was moved by Council Member Boggs, seconded by Council Member Hayden,
and unanimously carried by the Members present to approve Option One charging
$2.00 for the two showerhead kit and $1.25 for the one showerhead kit.
Council Minutes 5/28/91 -
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Prior to the foregoing Mayor 99 vote, Ma or Paul suggested that service clubs
become involved in this conservation effort through distribution of kits,
installation, etc.
ITEMS REEVED FROM CONSENT CALENDAR
LETTER TO L.A. COUNTY TRANSPORTATION COMMITTEE (LACTC) REQUESTING
RESTROOMS AT LAKEWOOD STATION
Council Member Boggs discussed the need for strong language in the letter
from the City to the Los Angeles County Transportation Committee and requested
reference be made to the successful Japanese rail system in the letter.
1
It was moved by Council Member Boggs, seconded by Council Member Hayden to
authorize the Mayor to execute this letter, incorporating the changes as
discussed.
SUPPLEMENTAL APPROPRIATION - CITY ATTORNEY PROGRAM
Council Member Boggs questioned the possibility of reimbursement of legal
costs resulting from fri vi l ous lawsuits.
Mr. Thorson reviewed the various current lawsuits and potential fee
retrieval.
It was moved by Council Member Boggs, seconded by Council Member Hayden,
and unanimously carried by the Members present to appropriate $88,000 to the
City Attorney Program for additional legal work related to litigation utters.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
GRANTING THE APPEAL AND APPROVING TENTATIVE PARCEL MAP
NO. 22194 FOR PROPERTY LOCATED AT 10935 LITTLE LAKE ROAD IN
THE R1 -5000 (SINGLE FAMILY RESIDENTIAL) ZONE
(OWNER /APPELLANT: LEE COOK)
Mr. lee Cook, 10935 Little Lake Road, explained that his concerns with
parkway trees and drainage had been satisfied in recent discussions with staff.
However, condition #18 dealing with closure of the rear gates was still an
issue. The gate has been accesible for many years and should remain this way.
Mr. Caton noted staff's recommendation to retain condition #18 which
permanently closed access gates at the rear of Mr. Cook's lots with no
accessibility to Wilderness Park through these gates, citing l i a b i l i t y as a
major concern.
It was moved by Council Member Cormack and seconded by Council Member
Hayden to waive further reading and deny the Resolution.
Council Minutes 5/28/91 -6-
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After further discussion regarding indemnification and edestrian gates,
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the vote on the above motion was a 2 -2 tie (Council Members Cormack and Paul
voting YES; Council Members Boggs and Hayden voting NO) , resulting in a no-
' n vote. Mr. Thorson
action orson explained this matter will return before the full
Council at the next meeting on June 11, 1991.
OTHER BUSINESS - Council Nembers:
REQUEST COUNCIL TO DIRECT STAFF TO BUDGET $150,000 PER YEAR FOR 4 YEARS
FOR I -5 SOUND WALL - SOUTH OF FLORENCE AVENUE AND NORTH OF CECILIA STREET
Council Member Hayden requested a City fund be established for the purpose
of building this specific sound wall in case funding from CALTRANS does not
materialize. As a result, the residents would be guaranteed construction of
the sound wall.
Council Member Cormack noted he is dealing with a six -city consortium
regarding expansion of the I -5 Freeway and its effect on Downey.
Mr. Caton explained that CALTRANS has incorporated funds from gasoline tax
revenue into their 1992 budget for project planning purposes with final funding
to be realized in 1994 -95.
Mr. Farfsing remarked on the sound walls bordering the freeway in the City
of Norwalk, noting they are portable and can be altered as needed.
It was the consensus of Council to direct staff to return at the June
Budget Study Session with further information on types, costs and funding
sources available for this sound wall.
Mayor Paul announced the meeting is recessing (9:25 p.m.) to Closed
Session to complete discussion of items previously announced on the Closed
Session Statement.
The meeting reconvened in open session at 10:10 p.m. with Council/
Commission Members Boggs, Hayden, Cormack, and Paul present (Council /Commission
Member Brazelton absent) . There were no Closed Session actions to report.
ADJOURNMENT: 10 :10 p.m.
The meeting was adjourned in memory of Frank O'Neill, designer of many
award- winning Downey Rose Parade Floats to 6 :30 p.m., June 11, 1991 in the
Council Chamber of the Downey City Hall.
1
dith E. McDonnell, City Clerk Roy L, ul , Mayor
Council Minutes 5/28/91 -