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HomeMy WebLinkAboutMinutes-05-28-85-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 28, 1985 TABLE OF MINUTE ACTIONS SUBJECT ACTION Zone Change #220, 8312 Iowa St. Hrg, cont'd. to 6/25 Zone Change #218, Rancho Los Amigos Property Hrg, cont'd. to 6/11 Removal of Items from Consent Calendar Minutes: Spec. Mtg., May 14, 1985; Adj. Reg. Mtg., May 14, 1985; & Reg. Mtg., May 14, 1985 Legal Claims for Rejection: Ref. #533, Lucky Stores, dba Gemco; & Ref. #720, Clay General Warrants: #5827 - 6136 Golf Course Maint. Contract - July 1 - Dec. 31, 1985: Specs & auth. Dept. Pub. Wks. to advertise for bids Letter supporting AB 1433 - Alcoholic Beverage Sales of Service Stations/Mini-Marts: Authorize transmittal Res. #4582, Est. Comp, for Expenses for Certain Boards & Commissions & Rescinding Res. #4580 Res. #4583, Denying ZV #372 (12842 Gneiss Av.) Community Development Objectives Workers Comp. Claims Adm. - Contract Renewal w/Colen & Lee for FY 1985-86 w/monthly increase Speakers favoring home for unwed mother provided by Rev. Howard Cindy Richards req. permission to not remove solar system installed prior to moratorium Closed session re personnel Rio Hondo Golf course Interim Golf Management Agmt. w/Bruce McDonald Ord. #791, Amending DMC re Tow Trucks Ord. #792, Zone Change #219 - 9174 Serapis Av. Ord. #793, Zone Change #221 (Lexington Rd. Properties) Ord. re Solicitors & Peddlers Res. #4581, Ext. Appreciation & Commendation to City Manager Robert Ovrom CC#SS-365, Firestone Bl./Brookshire Av. CC #SS-395 - Florence Av., Stamped Concrete Slab & Sidewalk - Various Locations: Award of contract & use of funds Lease Agmt. w/Downey Museum of Art Approved Rejected Approved Approved Approved Adopted Adopted Cont. to next meeting Approved PAGE NO. 1 1 1 2 2 2 2 2 2 2 2 2 3 Not approved; advised to contact Planning Div. 3 3 Approved 4 Adopted 4 Adopted 5 Adopted 5 Introduced 5 Adopted 5 Tabled 6 Approved 6 Approved 7 Page 1 of 2 COUNCIL MINUTES, MAY 28, 1985 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cn. Boggs req. review of compensation for Boards & Commissions 7 Joyce Lawrence complimented the City Manager's Agenda Summaries 7 Cn. Boggs req. Council receive copies of Legis. so that it can take a position 7 Cn. Boggs suggested opposition to Appl. for Rate Increase of So. Cal. Edison 7 Cn. Boggs re her attendance at legislative comm. sessions in Sacramento 7 Cn. Cormack re prosecution of owner on Rio Hondo for parking many vehicles on street & Golf Course & req. for parking signs posted at Golf Course Staff to report back 7 Cn. Cormack re enforcement of Ord. prohibiting parking in setback areas Staff to review 7 Closed session re personnel matters and two matters of pending litigation 8 Meeting adj. to 1:00 p.m., May 31, 1985, for Budget Study Session 8 Meeting adjourned in memory of Downey Fire Captain William Aulick 8 Page 2 of 2 1/ �715a� MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 28, 1985 The City Council of the City of Downey held a regular meeting at 8:04 p.m., May 28, 1984, in the Council Chamber of the Downey City Hall, Mayor Randall R. Barb presiding. PRESENT: Council Members: Randall R. Barb Mayor Bob Davila Mayor Pro Tem Diane P. Boggs Robert G. Cormack ABSENT: James S. Santangelo (excused) ALSO PRESENT: Bud Ovrom, City Manager Carl K. Newton, City Attorney William A. Ralph, Director of Public Works Lee Powell, Director of Administrative Services William F. Martin, Police Chief Don Davis, Fire Chief James R. Jarrett, Director of Community Services Ronald Yoshiki, City Planner Harald J. Henriksen, City Engineer Scot Yotsuya, Assistant to the City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend Edward Ullrich, Moravian Church. The Flag Salute was led by Councilman Cormack. PRESENTATIONS: None HEARINGS Mayor Barb opened the hearing on Zone Change Case No. 220, 8312 Iowa Street, which was continued from the regular meeting of April 23, 1985. It was moved by Councilman Davila and seconded by Councilwoman Boggs to continue the hearing to 7:30 p.m., June 11, 1985. It was noted a letter was received from Adams Ambulance Service requesting the hearing be continued to the next meeting after June llth. It was moved by Councilman Cormack, seconded by Councilman Davila, and so ordered to continue the hearing to 7:30 p.m., June 25, 1985, in the Council Chamber of Downey City Hall. Mayor Barb opened the hearing on Zone Change Case No. 218, Rancho Los Amigos Property. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and so ordered to receive and file the Proof. It was moved by Councilman Cormack, seconded by Councilman Davila, and so - ordered to continue the hearing to 7:30 p.m., June 11, 1985, in the Council Chamber of Downey City Hall. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Items VIII-B-1, Correspondence from Downey Chamber of Commerce regarding Auto Center Support; and VIII-B-2, Correspondence from Project Area Committee regarding Auto Center, were removed and transferred to the Community Development Commission meeting. Agenda Item VIII-F-I, Workers Compensation Claims Administration Contract, was removed at the request of Councilman Davila. Council Minutes 5/28/85 _1_ q 753 Agenda Item VIII-B-3, Community Development Objectives, was removed at the request of Councilwoman Boggs. CONSENT CALENDAR It was moved by Councilwoman Boggs, seconded by Councilman Davila, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Special Called Meeting, May 14, 1985; Adjourned Regular Meeting, May 14, 1985; and Regular Meeting, May 14, 1985. Legal Claims for Rejection: Ref. #533, Lucky Stores, dba Gemco; and Ref. #720, Susan and Joseph Clay. General Warrants: #5827 - 6136: $1,062,521.89. Golf Course Maintenance Contract - July 1 through December 31, 1985: Specification and authorize the Department of Public Works to advertise for bids. Letter supporting Assembly Bill 1433 - Alcoholic Beverage Sales of Service Stations/Mini-Marts: Authorize transmittal. RESOLUTION NO. 4582 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING COMPENSATION FOR JUST AND REASONABLE EXPENSES FOR CERTAIN BOARDS AND COMMISSIONS AND RESCINDING RESOLUTION NO. 4580 RESOLUTION NO. 4583 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING ZONE VARIANCE NO. 372 (12842 Gneiss Avenue) AYES: 4 Council Members: Davila, Boggs, Cormack, Barb ABSENT: 1 Council Member: Santangelo Councilwoman Boggs mentioned the Community Development Objectives do not contain some projects she had expected to be included. Mr. Yoshiki replied this would be setting the Objectives into motion but it does not eliminate the Council's ability to amend. Also, projects can be added during the fiscal year. Continued to the next meeting. In the meantime, the Housing Manager will be asked to contact Councilwoman Boggs. Workers Compensation Claims Administration - Contract Renewal Councilman Davila feels the contract should go out to bid instead of being renewed automatically. It was moved by Councilman Davila and seconded by Councilman Cormack to put the Workers Compensation Claims Administration Contract out to bid. AYES: 1 Council Member: Davila NOES: 3 Council Members: Boggs, Cormack, Barb ABSENT: 1 Council Member: Santangelo Failed. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to authorize renewal of the contract with Colen and Lee, Inc., for fiscal year 1985-86 with an increase in the fee of $1,00)K — per month. AYES: 4 Council Members: Davila, Boggs, Cormack, Barb ABSENT: 1 Council Member: Santangelo Mayor Barb announced the meeting will be Adjourned in Memory of Fire Captain Bill Aulich, who has been with the Downey Fire Department since 1963. Council Minutes 5/28/85 -2 � wry ORAL COMMUNICATIONS - Items not on Agenda Mr. Edward DiLoreto, 7333 Rio Flora Place, commented regarding the home for pregnant mothers and their children provided by Reverend Howard who is assisting them in getting a new start in life and finding a place in society. He requested the Mayor appoint a Council Member to act as liaison in order to resolve the dispute between the City Prosecutor and Reverend Howard. Mr. Newton stated there is a pending prosecution case between the People of Downey and Reverend Howard and, therefore, it is inappropriate for the Council to comment upon matters presented this evening. When Reverend Howard came forward to address the Council, Mayor Barb explained the Council does not have the ability to change its responsibility to the citizens of Downey, which is to not discuss litigation at a public session. When parties are represented by attorneys, it is appropriate for the attorneys to discuss the litigation, not the City Council. Mayor Barb declared a recess from 8:22 p.m. to 8:30 p.m. Pastor Howard, Pastor of the Confirmed Word Faith Center, requested the City to work with him and give him whatever time is necessary so that he can continue to help people in need. Mary Sue Guardo, 9826 Priscilla Avenue, said she and her son live at the home because none of her family would take her in. She requested the City to help Pastor Howard on this matter. Mr. Bob Wellermam, Box 958, West Covina, expressed his views in favor of what Reverend Howard is attempting to do and urged the City to consider the liability it will have if it closes the home and places the women and children back on the streets. Mayor Barb pointed out the Council does not disagree with what Pastor Howard is doing, but this matter does involve litigation which the Council cannot address at this time. The Council realizes the need for homes and support for people in these situations. Councilman Davila commented on a TV news item concerning a lady who opened her home to unwed mothers. Cindy Richards, 100 West Main Street, Suite 6, Tustin, representing Solar Service Specialists, discussed a solar system installed at 7991 DePalma subse- quent to filing an application for permit on March 25, 1985. She said that on March 26, 1985, the Council imposed a moratorium on solar systems and that the property owner was instruucted to remove the solar panels by May 15th. Mr. Yoshiki agreed application was made for a permit, but since the Workers' Compensation Insurance had expired the permit could not be issued. When proof was shown for the insurance, the moratorium was in effect. The panels had been installed although the permit had not been issued, and the Building Inspector tagged the job and advised there was no valid permit. The only exception provision in the moratorium ordinance pertained to the building permits that had been issued, and the only option was whether the panels could be adequately screened from view. Mr. Newton said it would not be permissable for a variance to be granted while the moratortium is pending. Ms. Richards admitted the panels were installed before the permit was validated but that she had submitted the application for permitin good faith. When she asked what could be done at this point, it was suggested she contact the Planning staff. CLOSED SESSION Mayor Barb announced the Council will be recessing to closed session regarding a personnel matter. The meeting was then recessed to closed session from 8:54 p.m. to 9:05 p.m. and resumed with Council Members Davila, Boggs, Cormack, Barb present; Council Member Santangelo absent. Council Minutes 5/28/85 -3- � n5S ADMINISTRATIVE REPORTS Rio Hondo Golf Course Interim Golf Management Agreement Councilwoman Boggs mentioned the staff report does not reflect previous receipts. She commented on the bids received, questioning how much control the City would have with a firm that oversees 62 golf courses. She then expressed interest in the bid submitted by Robert Boughner. Mr. Jarrett responded to a question regarding the ranking of bidders on their ability to stock the pro shop, which he pointed out was based on opera- tors currently having access or possession of merchandise, He also responded to questions regarding staff's preparation of the bid process. The Council Members were asked to state the bidder they would consider at this time. Councilwoman Boggs' first choice was Robert Boughner. Each of the bidders present in the audience stood up and were identified. Bruce MacDonald was the first choice of Councilmen Cormack and Davila. Mayor Barb also indicated Bruce MacDonald was his first choice and that he received a note from Councilman Santangelo, who encouraged the Council to go with Mr. McDonald. It was moved by Councilman Cormack, seconded by Councilman Davila, and passed by the following vote to approve a Golf Professional -Management Agree- ment with Bruce MacDonald according to terms and conditions provided in the License Agreement. AYES: 3 Council Members: Davila, Cormack, Barb NOES: 1 Council Member: Boggs ABSENT: 1 Council Member: Santangelo Mayor Barb declared a recess from 9:20 p.m. to 9:30 p.m. The meeting resumed with Council Members Davila, Boggs, Cormack, Barb present; Council Member Santangelo absent. ORDINANCES ORDINANCE NO. 791 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 9122.06 AND 9124.06 OF THE DOWNEY MUNICIPAL CODE WHICH RELATE TO USES IN THE COMMERCIAL ZONES (CHAPTER 1, ARTICLE IX) - (Tow Trucks) The Ordinance was read by title only. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and passed by the following vote to waive further reading and to adopt. Mayor Barb questioned the wording contained in sub -section (o) which says "a tow truck may be permitted as an ancillary use." He also raised questions regarding enforcement of the Ordinance pertaining to the storage of inoperable and damaged vehicles on service station properties. Mr. Yoshiki explained that if a person wants to establish this type of ancillary use, he would be subject to review and approval by the Planning Commission of a conditional use permit. If any of the conditions of approval are violated or activity is conducted contrary to the approval, the City has the right to initiate revocation of the permit. He further explained the conditions of approval would be at discretion of the Commission, or if appealed, at the discretion of Council. Councilwoman Boggs pointed out a tow truck is expensive, and she does not see it as becoming part of the regular equipment of any service station that specializes strictly in the sale of gasoline. Mr. Newton advised that this Ordinance provides greater control and an administrative remedy to enforce the limitations. Mayor Barb does not feel that tow trucks need to be operated out of a gas station --there are specific requirements for towing businesses. Council Minutes 5/28/85 -4- Suggestion was made to adding a condition to the Ordinance that all vehicles for repair must be in an enclosed area. Councilwoman Boggs feels allowing a tow truck would be advantageous to the consumer, plus it opens it up to competition. AYES: 3 Council Members: Davila, Boggs, Cormack NOES: 1 Council Member: Barb ABSENT: 1 Council Member: Santangelo The "no" vote did not relate to the waiver of further reading. ORDINANCE NO. 792 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 849, ZONE CHANGE CASE NO. 219 (9174 Serapis Avenue) The Ordinance was read by title only. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Davila, Boggs, Cormack, Barb ABSENT: 1 Council Member: Santangelo ORDINANCE NO. 793 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 858, ZONE CHANGE CASE NO. 221 (Lexington Road Properties) The Ordinance was read by title only. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to —. waive further reading and to adopt. AYES: 4 Council Members: Davila, Boggs, Cormack, Barb ABSENT: 1 Council Member: Santangelo ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE VI, CHAPTER 5, BY ADDING SECTIONS 6502 6503, AND 6504 RELATNG TO SOLICITORS AND PEDDLERS The Ordinance was read by title only. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to waive further reading and to introduce. Eleanor Lindenfeld, 8846 Manzanar, said she goes door-to-door seeking listings as a real estate agent. Mr. Newton said this does apply to real estate, particularly sections relating to prohibited solicitation activities. The real estate activity would be permitted after obtaining a permit from the Police Chief. When Councilwoman Boggs asked about the cost for a pemit, Chief Martin stated he will provide that information. Ms. Lindenfeld asked if the Section prohibiting rubbish or litter from being deposited in or around the area in which a person is conducting business would apply to leaving a message on the door of the premises. The response was no. AYES: 4 Council Members: Davila, Boggs, Cormack, Barb ABSENT: 1 Council Member: Santangelo RESOLUTIONS RESOLUTION NO. 4581 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY EXTENDING APPRECIATION AND COMMENDATION TO CITY MANAGER ROBERT R. Mom Council Minutes 5/28/85 -5- 117 Mayor Barb read the Resolution by title only and presented it to Mr. Ovrom. Councilwoman Boggs said it was her priviledge to know Mr. Ovrom when she served as president of Downey Chamber of Commerce and that Mr. Ovrom was very cordial, cooperative, and understanding to the business community and its problems. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members ABSENT: 1 Council Member: ADMINISTRATIVE REPORTS Davila, Boggs, Cormack, Barb Santangelo Cash Contract #SS-365, Firestone Boulevard/Brookshire Avenue Councilman Cormack indicated he cannot see any justification for the proposed improvements at this time. He does not want to see anything that will cause Brookshire to be a thoroughfare. It was moved by Councilman Cormack and seconded by Councilwoman Boggs to deny the request. During discussion, Mr. Newton explained this contract would provide for construction of public street and parkway improvements on the north side of Firestone Boulevard from Dolan to Brookshire, and he asked if there are any obligations of the City or Redevelopment Agency under the DDA with the Hotel that may be involved with this. Mr. Ovrom replied there is to the DDA on Firestone but not on Brookshire. A request of the Council was made for a conceptual drawing of the Civic Center area. It was moved by Councilwoman Boggs to table and have something brought back that is more clear to the Council. Mr. Henriksen said the quantities on the Brookshire widening could be substracted from the contract if stipulated by Council. The City Clerk was requested to provide Council with a copy of the staff report when the contract first went out to bid. The motion to table was seconded by Councilwoman Boggs and passed by the following vote. Staff was also asked to bring back a conceptual drawing of what is proposed. AYES: 4 Council Members: Davila, Boggs, Cormack, Barb ABSENT: 1 Council Member: Santangelo It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to award a unit price contract totaling $18,307.50 to Damon Construction for construction of improvements under Cash Contract #SS-395 - Florence Avenue, Stamped Concrete Slab and Sidewalk - Various Locations, and approve use of funds in the amount of $2,890 from Pedestrian Improvements Account #27-13917 (S.B. 821) (Account #26-16395). Councilwoman Boggs inquired regarding exact location of the improvements, pointing she does not have a copy of the diagram. Mr. Henriksen replied they are all on Florence Avenue, primarily in the islands between the service road and Florence proper from the intersection of Mattock to the Rio Hondo bridge. Councilwoman Boggs said she will go along with the proposal, but suggested the Keep Downey Beautiful Committee take a look at the entire City to see what else can be done to make it beautiful. Councilman Davila concurred and would like the Council to receive Minutes of the Keep Downey Beautiful Committee. Council Minutes 5/28/85 -6- During discussion, Mayor Barb commented regarding the recreation projects approved in the south part of the City. The projects should not be looked at by district but by priority. Discussion followed. AYES: 4 Council Members: Davila, Boggs, Cormack, Barb ABSENT: 1 Council Member: Santangelo It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by the following vote to approve a Lease Agreement with the Downey Museum of Art, Inc., under the terms and conditions provided. AYES: 4 Council Members: Davila, Boggs, Cormack, Barb ABSENT: 1 Council Member: Santangelo Councilwoman Boggs made a motion that the Library Board receive compensa- tion. When it was explained that only.boards involved- in the decision -making process.receive compensation she withdrew her motion and requested a review of all boards and commissions and the hours they put in. ORAL COMMUNICATIONS - Staff Members: None ORAL COMMUNICATIONS - Audience Joyce Lawrence, 9627 Cheddar, commended Mr. Ovrom's Agenda Summaries. ORAL COMMUNICATIONS - City Council Councilwoman Boggs commented on receipt of a letter urging opposition to Senate Bill 798 regarding the County's ability to contract with the private sector and support of the County, and suggested Downey might want to express its opposition to this Bill. She requested the Council receive copies of Bills so that it can take a position. . It was moved by Councilwoman Boggs and seconded by Councilman Cormack to oppose Senate Bill 798 and so advise the committee members in Sacramento. Mayor Barb requested the Council receive copies of the Bill prior to sending its opposition. Councilwoman Boggs concurred and withdrew her motion. Councilwoman Boggs suggested opposition to an application for rate increase of Southern California Edison Company. She also suggested obtaining a copy of Senate Bill 300 regarding matching funds for cities for streets and roads, noting the City may want to take a position on this. Councilwoman Boggs then commented regarding her attendance at legislative committee sessions in Sacramento. She said this is an area in which she feels the City is not utilizing its potential. Councilman Cormack inquired regarding the status of .prosecuting property owner on Rio Hondo who for many years has many vehicles parked in the street and the swimming pool is full of spare vehicle parts. Mr. Ovrom replied this matter is being prosecuted. A report will come back to the Council. Councilman Cormack also said the property owner is parking and storing vehicles in the parking lot at Rio Hondo Golf Course. He requested signs be posted prohibiting overnight parking or that parking be restricted to patrons of the Golf Course. Mr. Ovrom said this will be handled administratively if possible. Otherwise, a resolution will be brought back to the Council. Councilman Cormack referred to the Ordinance pertaining to parking in the setback area and suggested it be changed to correct some weak areas. Mr. Ovrom commented on the difficulty of enforcement because of the varying setbacks. Staff will look into the entire front yard setback issue. Council Minutes 5/28/85 -7- CLOSED SESSION Mayor Barb announced the Council will be recessing to closed session for consideration of personnel matters and two matters of pending litigation under Section 54956.9 - Government Code: Downey Cares vs. Downey and Robert Gonzales vs. Downey; and one Section 54956.9 Subdivision (b) matter. The meeting was then recessed to closed session from 10:38 p.m. to 11:30 p.m. The meeting resumed with Council Members Davila, Boggs, Cormack, Barb present; Council Member Santangelo absent. There was no action in closed session required to be reported. ADJOURNMENT: 11:30 p.m. The meeting was adjourned to 1.00 p.m., May 31, 1985, in the Council Chamber of Downey City Hall for Budget Study Session. The meeting was also adjourned in memory of Downey Fire Captain William Aulick, who passed away on Friday, May 24th. Robert L. Shand, City Clerk -Treasurer �R�i� Randall R. Barb, Mayor Council Minutes 5/28/85 -8-