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HomeMy WebLinkAboutMinutes-07-23-85-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 23, 1985 T A B L E O F M I N U T E A C T I O N S SUBJECT ACTION PAGE NO. Res. #4623, Adopting Guidelines for Installation _ of .Solar Heating Systems Adopted 1 Lot Cleaning: Establish policy re notifying property owners of amount it will cost for City to clean their property Approved 1 Lot Cleaning Assessments Affirmed 2 Removal of Items from Consent Calendar 2 Minutes: Adj. Reg. Mtg., June 10, 1985; Adj. Reg. Mtg., June 17, 1985; Reorganization Mtg., July 2, 1985; Adj. Reg. Mtg., July 9, 1985; & Reg. Mtg., July 9, 1985 Approved 2 Legal Claims for Rejection: Ref. #730, De Leon Rejected 2 General Warrants: #6937 - 7454 Approved 2 Housing Rehabilitation Assistance Program Lender Agreements: Auth. City Mgr. to execute Agmts. w/Security Pac. Bank & City Bond & Mortgage Corp. Approved 2 Appeal of Embassy Suites re color of Hotel Hrg. set for 8/13/85 2 _ Res. #4624, Designating Alt. Member to Bd. Dir. of County Sanitation Dists. 2 & 18 Adopted 2 Appeal, CUP #4- 9438 Firestone Bl. Hrg. set for 8/13/85 2 John Gonzalez re Cn. Santangelo's property on Firestone B1. 2 Wesley Sherman re traffic congestion problems 3 Lois Buchanan re removal of no -turn signs installed as third phase of traffic study 3 William Leitner re gardening use by residents of easement property bet. back of residences on Guatemala & Rio Hondo Channel 3 Ken Miller re adjourned meetings 3 Ord. #796, re Publication Vending Machines Adopted 3 Ord. re Pigeons Cont'd. to last meeting in August 4 Res. #4625, Adopting MOU bet. City & Calif. Teamsters Local 911 for 7/1/85 - 6/30/87 Adopted 4 Res. #4626, Adopting Class Specifications & Designating Salary Ranges for Asst. Planner, Eqmt. Maint. Mgr., Fire Marshal, Planning Tech., Redevmt. Mgr. & Tech. Coordinator/Theatre Adopted 4 Res. #4627, amending JPA for Insurance & Risk Management Purposes Adopted 4 Res. #4628, adopting MOU bet. City & Downey Firemen's Assn. for 7/1/85 - 6/30/87 Adopted 4 Page 1 of 2 COUNCIL MINUTES, JULY 23, 1985 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. CC #530, Civic Center Imprvmts. - Phase II: Auth. staff to proceed with completion of plans & specs Approved 5 Unemployment Compensation Bills received from State: Auth, staff to stop paying Approved 5 Initiation of Graffiti Removal Program Approved 5 Dir. P.W. reported on info from Caltrans re proposed use of pre -cast concrete slabs for sound walls on I-105 Freeway 6 Study session on Capital Imprvmts. Proj. Budget Set f/5:30 pm, 8/13/85 6 David Ray re Ord. on Publication Vending Machines 6 Cn. Boggs req. Ord. on Private Roads 6 Cn. Boggs re Transportation Report 6 Cn. Boggs re Sign Enforcement & Abatement 6 Cn. Boggs re amount of time & tax dollars spent in taking calls from public 6 Cn. Boggs req. report from City Attorney on obtaining restraining orders for Council Members 6 Cn. Santangelo re policy concerning Chairmanship of Design Review Board remaining with one person 6 Cn. Santangelo re emeritus status for long-time board member 6 Cn. Barb re proposed use of water bill as infor- mation source to public notifying them what is going on in the City 6 Cn. Cormack re serious problems with Rio Hondo Channel & req. something be done 7 Mayor Davila re status of squawking birds on Gurley Av. at 5-6 am Staff to forward memo 7 Closed session re pending or potential litigation 7 Meeting adjourned to 5:30 p.m., August 13, 1985, for study session on 1985-86 Capital Improvements Projects Budget 7 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 23, 1985 The City Council of the City of Downey held a regular meeting at 8:Ob p.m., July 23, 1985, in the Council Chamber of the Downey City Hall, Mayor Bob Davila presiding. PRESENT: Council Members: Bob Davila Mayor James S. Santangelo Mayor Pro Tem Diane P. Boggs Robert G. Cormack Randall R. Barb ALSO PRESENT: Don Davis, City Manager Pro Tem Carl K. Newton, City Attorney James R. Cutts, Director of Community Development William A. Ralph, Director of Public Works Lee Powell, Director of Administrative Services James R. Jarrett, Director of Community Services William Sumner, Fire Marshal F. D. Shade, Police Captain 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 Hans Holborn, Downey United Methodist Church. The Flag Salute was led by Councilman Santangelo. PRESENTATIONS: None HEARINGS Mayor Davila opened the hearing on Solar Collector Moratorium. 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 Santangelo, and so ordered to receive and file the Proof. Mr. Cutts reported on the Planning Commission's study of solar collectors and how they affect the City aesthetically and its skyline. -The Commission recommends guidelines be established for roof -mounted solar collectors. It was moved by Councilman Barb and seconded by Councilwoman Boggs to approve the Resolution adopting Guidelines. Mr. Newton explained that if the Council proceeds with adoption of the Resolution it would not be necessary to conduct the hearing because it is only for the purpose of considerating the ordinance extending the moratorium. RESOLUTION NO. 4623 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING GUIDELINES FOR THE INSTALLATION OF SOLAR HEATING SYSTEMS The Resolution was read by title only. It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by unanimous vote to waive further reading and to adopt. Mayor Davila opened the hearing on Lot Cleaning Assessments. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and so ordered to receive and file the Proof. Mayor Davila inquired if the City Clerk had received any written protests, and the response was no. Council Minutes 7/23/85 -1- There being no one present to speak in protest, it was moved by Council- woman Boggs, seconded by Councilman Barb, and so ordered to close the hearing. It was moved by Councilman Santangelo to establish a policy that when staff sends out the notice to the property owners informing them that if they fail to clean their lot within a specified time, the notice should also contain the amount the City will charge to do the work. Mr. Ralph explained the City charges actual cost for the work, and in the past Council has instructed staff to recoup all of the City costs involved. Staff can prepare a detailed estimate on each lot and make it on the high side so that it would not be lower than the estimate. The motion was seconded by Councilman Barb and passed by the following vote. Councilman Santangelo commented on his experience with weed abatement, whereby he was quoted a certain amount for the City to do the work, but that the subsequent charge on his tax bill was considerably higher. He feels pro- perty owners should know what it will cost for the City to do the work. AYES: 5 Council Members: Santangelo, Boggs, Cormack, Barb, Davila It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by unanimous vote to affirm the assessments on properties that have been cleaned by the City during Fiscal Year 1984-85. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-F-2, Appeal to Conditional Use Permit No. 213, was removed at the request of Councilman Santangelo. CONSENT CALENDAR It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Adjourned Regular Meeting, June 10, 1985; Adjourned Regular Meeting, June 17, 1985; Reorganization Meeting, July 2, 1985; Adjourned Regular Meeting, July 9, 1985; and Regular Meeting, July 9, 1985. Legal Claims for Rejection: Ref. #730, Maria De Leon. General Warrants: f6937 - 7454: $2,191,581.79. Housing Rehabilitation Assistance Program Lender Agreements: Authorize the City Manager Pro Tem to execute Operating Agreements with Security Pacific National Bank and City Bond and Mortgage Corporation. Appeal of Embassy Suites regarding Color of Hotel: Hearing set for 7:30 p.m., August 13, 1985, in the Council Chamber of Downey City Hall. RESOLUTION NO. 4624 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING AN ALTERNATE MEMBER TO THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS. 2 AND 18 AYES: 5 Council Members: Santangelo, Boggs, Cormack, Barb, Davila 2t3 Appeal, Conditional Use Permit No. $74-, 9438 Firestone Boulevard Councilman Santangelo said this involves property next door to his property, and he will abstain from voting on this item. It was moved by Councilwoman Boggs, seconded by Councilman Barb, and passed by the following vote to set a hearing on the Appeal for 7:30 p.m., August 13, 1985, in the Council Chamber of Downey City Hall. ORAL COMMUNICATIONS - Items not on Agenda Mr. John Gonzalez, 12350 Orizaba, referred to Oral Communications at the Community Development Commission meeting, wherein he was not allowed to Council Minutes 7/23/85 -2- 1;2 C�rS continue with his comments regarding Councilman Santangelo's property at 9430 and 9426 Firestone Boulevard, and he asked if he would be allowed to speak to the issue at this time. The response was no. He then mentioned he is not allowed to go to any department in City Hall and has been advised to address his re -quests to the City Manager, which he has done but has not received any response to date. Mr. Gonzalez presented a letter to the City Clerk written in Spanish and requested a date stamped copy. Mayor Davila indicated he would meet with Mr. Gonzalez tomorrow in City Hall to go over his grievances. Councilman Santangelo advised the audience that the Mayor and Council are not preventing Mr. Gonzalez from speaking and pointed out the City has received dozens of multi -paged letters, plus staff and the Council have been beseiged with accusations about City government being dishonest, etc. He said the Council is not preventing someone from making a normal, justified complaint, and staff has spent hundreds of hours of taxpayers money in going over this on a daily basis for almost a year. Mr. Wesley Sherman, 9107 Tweedy Lane, spoke regarding traffic congestion problems and said his main concern is for the safety of school children. He referred to the Council -approved traffic study in the area and said the plan submitted by the Traffic Department appears to be a good plan. He requested the Council to give the plan a chance to work becuase it is believed it would have a beneficial affect on diverting traffic that attempts to come through off the freeways onto residential streets. Lois Buchanan, 9651 Guatemala, spoke regarding removal of no -turn signs installed as the third phase of a traffic study approved by Council. With removal of the signs the third phase cannot not be studied. Therefore, she said, if the Council does not have all of the facts and complete information, it cannot make a permanent solution to the problem. Mayor Davila explained the signs were removed because of their impact on people on the Island. The problem, however, will still be studied and traffic enforcement will be used to slow traffic down. Mrs. Buchanan feels the no turn signs would control the biggest part of the traffic problem in the area. In order for the Council to make an honest decision about the solution it has to have all the facts, and she questioned how the Council will have all the facts if it does not complete the study. She also said the area involves the Island to Paramount Boulevard and the freeway to Florence Avenue and that many people did not have an opportunity to respond to the Council's action to remove the signs. The posting of no turn signs was the least drastic of all measures discussed, and she recommended the Council reinstall the no turn signs in order to complete the study. Mayor Davila said staff will work with all the residents concerned. Councilman Barb said this will be an agenda item at the next Council Meeting and all studies are to be brought back at that time. Mr. William Leitner, 9239 Guatemala, commented regarding gardening use by residents of easement property between the back of residences along Guatemala and the Rio Hondo Channel and mentioned they have been asked to remove their fences and keep their gates locked. He asked who to contact in this regard. It was noted Mr. Jim Derry, who works for the Department of Water and Power, was present in the audience, and Mr. Leitner was asked to contact him. Mr. Ken Miller, 7336 Cleargrove Drive, requested that when the Council sets adjourned meeting for devoting time to a particular item that it adhere to that subject or call a special meeting. ORDINANCES ORDINANCE NO. 796 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE VI, CHAPTER 5, SECTION 6599.6 OF THE DOWNEY MUNICIPAL CODE RELATING TO PUBLICATION VENDING MACHINES The Ordinance was read by title only. It was moved by Councilan Santangelo, seconded by Councilman Cormack, and passed by unanimous vote to waive further reading and to adopt. Council Minutes 7/23/85 -3- /� pr . * ORDINANCE NO. AN ORDINANCE OF THE' CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE IV CHAPTER 2 OF THE DOWNEY MUNICIPAL CODE BY ADDING THERETO A NEW PART 7 RELATING TO PIGEONS The Ordinance was read by title only. It was moved by Councilman Santangelo and seconded by Councilwoman Boggs to waive further reading and to introduce. (See later motion.) Councilwoman Boggs said she has received requests to delay action on the Ordinance pending review by an attorney. Councilman Santangelo questioned the need for paragraph (b) when paragraph (a) restricts the keeping of pigeons to five. A gentleman in the audience indicated that he and others would like to review the Ordinance for repetetive and prejudicial language. They want to cooperate with staff but do not feel it is fair to all birds. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by unanimous vote to continue the Ordinance to the last meeting in August. RESOLUTIONS RESOLUTION NO. 4625 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911, COVERING THE PERIOD OF JULY 1, 1985 TO JUNE 30, 1987 The Resolution was read by title only. It was moved by Councilman Cormack, seconded by Councilman Santangelo, and passed by unanimous vote to waive further reading and to adopt. RESOLUTION NO. 4626 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING CLASS SPECIFICATIONS AND DESIGNATING SALARY RANGES FOR ASSISTANT PLANNER, EQUIPMENT MAINTENANCE MANAGER, FIRE MARSHAL, PLANNING TECHNICIAN, REDEVELOPMENT MANAGER, AND TECHNICAL COORDINATOR/THEATRE The Resolution was read by title only. It was moved by Councilman Santangelo, seconded by Councilman Cormack, and passed by unanimous vote to waive further reading and to adopt. RESOLUTION NO. 4627 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES The Resolution was read by title only. It was moved by Councilman Barb, seconded by Councilman Santangelo, and passed by unanimous vote to waive further reading and to adopt. RESOLUTION NO. 4628 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY FIREMEN'S ASSOCIATION, COVERING THE PERIOD OF JULY 1, 1985 TO JUNE 30, 1987 The Resolution was read by title only. It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by unanimous vote to waive further reading and to adopt. Council Minutes 7/23/85 -4- ADMIINISTRATIVE REPORTS It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by the following vote to authorize staff to proceed with completion of plans and specifications for Cash Contract No. 530 - Civic Center Improve- ments, Phase II. Mr. Ralph explained at the last meeting it was proposed that the City make an agreement with the hotel contractor to complete the work. The City did not have a completed plan, and after additional consideration staff is prepared to come back with a proposal to go out to bid. There is approximately $23,3OO worth of engineering done by the hotel people that would relate to the City's work. AYES: 5 Council Members: Santangelo, Boggs, Cormack, Barb, Davila It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by unanimous vote to direct staff to stop paying Unemployment Compensation Bills received from the State. Initiation of Graffiti Removal Program Eleanor Lindenfeld, 8846 Manzanar, said that being in the real estate business she sees the increase of graffiti throughout the City, and she is in favor of taking steps to alleviate the problem. Mr. Cutts commented on three alternatives suggested by the Keep Downey Beautiful Committee in pursuing graffiti removal: One is to use City crews, which could necessitate hiring additional personnel and purchasing some equipment; second is to explore the possibility of using contract services; and third is the use of service clubs and organizations. Staff proposes taking a program under consideration that would involve establishing a task force com- posed of representatives of various City departments, one Council Member, and one member of the Keep Downey Beautiful Committee. The Committee recommends negotiating a contract for graffiti removal services. Dr. Gary McCaughan, 9911 Pomering Road, narrated a slide presentation of graffiti in the public and private sectors of the City. Councilman Santangelo commended Dr. McCaughan and the Committee for their efforts on the program. Dr. McCaughan was asked if there are any steps the Committee could take to prevent graffiti and he replied there is an ongoing educational program in the elementary schools. Suggestions were made of establishing severe fines and punishment for acts of graffiti. Mr. Cutts said the task force can take a close look at this and he mentioned many cities have adopted ordinances prohibiting hardware stores from selling spray cans to anyone below a certain age. Mr. Newton said there is a State law that deals with this problem and makes the crime a misdemeanor, but it may not include specific punishment. Possibly the task force can investigate this issue, and if there is no provi- sion for specific punishment the Council could adopt a resolution requesting the Court to impose a substantial fine in graffiti cases and as a condition of any probation to require payment by the offender for the cost of eradication. Councilman Santangelo requested that an Ordinance be prepared. He also volunteered his services to the program. It was moved by Councilwoman Boggs, seconded by Councilman Cormack, and passed by the following vote to initiate the Graffiti Removal Program. Councilwoman Boggs also requested staff to look into the possibility of using trustys to clean up graffiti. AYES: 5 Council Members: Santangelo, Boggs, Cormack, Barb, Davila Council Minutes 7/23/85 -5- ng/s ORAL COMMUNICATIONS - Staff Members Mr. Ralph said staff has received information from Caltrans regarding early contracts that have been let for the I-105 Freeway and the proposed use Of pre -cast concrete slabs for the sound walls. He asked if the Council shares staff's concern on this matter. Responding to questions, he said staff has not had an opportunity to review the specifications in detail. Councilman Cormack feels the slabs would be an eyesore unless something is done to enhance them. Councilwoman Boggs wants to be sure that the most suitable method is used for the benefit of residents in the area. A study session on the Capital Improvements Projects Budget was set for 5:30 p.m., August 13, 1985. ORAL COMMUNICATIONS - Audience Mr. David Ray, 7338 Nada, requested reconsideration of the Ordinance on Publication Vending Machines because a few years back Los Angeles lost a large lawsuit. He questioned whether other cities have similar Ordinances. Mr. Newton replied the Ordinance was drafted under the opinion of a court case, subsequent to the one referred to by Mr. Ray, in which the County pre- vailed and the Court affirmed a preferable approach of screening a publication from view rather than banning it entirely. He feels this is constitutionally safer than an outright ban on the publication and protects the general public from exposure to what is offensive to many people. ORAL COMMUNICATIONS - City Council Councilwoman Boggs requested that an Ordinance on Private Roads which is being prepared by the Police Chief be brought to the Council for introduction the first meeting in August. Councilwoman Boggs is still waiting for a Transportation Report noting a dial -a -ride program was started in Paramount. Councilwoman Boggs said she will have questions regarding Sign Enforce- ment and Abatement when it comes back for consideration. Also the Chamber of Commerce has offered the use of its publication as notification when the City begins enforcement of the Sign Ordinance. Councilwoman Boggs expressed concern about the amount of time and tax dollars spent by the City Manager's secretary taking calls from the public. She would also like a report from the City Attorney on obtaining restraining orders for Council Members from the public. She mentioned she is being followed by one or two people present in the Council Chamber, and she would like to know legally where she stands. Councilman Santangelo said the same person is harrassing his family on a daily basis. Councilman Santangelo is concerned with chairmanship of the Design Review Board remaining with one person and he would like to know what the policy is. He is also concerned that a staff person has a voting position on the Traffic Committee, and he requested a report on why it was set up this way so that he can possibly come back with a recommendation. Councilman Santangelo inquired about a method of bestowing emeritus status on an committee member who has served approximately 17 years. Then, he said, the appointee can attend meetings on an honorary basis and he can appoint someone else that could attend every meeting. With the Council's concurrence he will approach that member for his approval and then come back next meeting. There were no objections by the Council. Councilwoman Boggs would like to see a policy since she has an appointee who has been serving actively for 20 years. Councilman Barb proposed use of the water bill as an information source to the public to notify them what is going on in the City. C Council Minutes 7/23/85 -6- Councilman Cormack commented on serious problems with the Rio Hondo Channel behind the residences on Guatemala and asked that something be done. Mayor Davila said he has reported on squawking birds at 12102 Gurley Avenue in violation of the City's Code which he undertands is still taking place between 5:30 and 6:00 a.m. He asked if any action is being taken. Mr. Cutts said a memo was prepared and he will forward it to Mayor Davila. CLOSED SESSION Mayor Davila announced the Council will be recessing to closed session for consideration of pending or potential litigation under provisions of Section 54956.9 - Government Code, as follows: 1. One Section 54956.9 - Subdivision (b) matter. 2. One Section 54956.9 - Subdivision (c) matter. The meeting was then recessed to closed session from 9:34 to 10:15 p.m. and resumed with all Council Members present. Mayor Davila announced there was no action taken in closed session. ADJOURNMENT: 10:15 p.m. The meeting was adjourned to 5:30 p.m., August 13, 1985, in the Council Chamber of Downey City Hall, for a study session on the 1985-86 Capital Improvements Projects Budget. Robert L. Sha , City Jerk -Treasurer Bob Davila, Mayor Council Minutes 7/23/85 -7-