Loading...
HomeMy WebLinkAboutMinutes-12-17-85-Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING DECEMBER 17, 1985 TABLE OF MINUTE ACTIONS SUBJECT Presentation to Cancer Society of Proceeds raised in "Battle of Badges" football game in memory of Fire Captain Bill Aulich Introduction of new Fire Chief, Ron Irwin ACTION PAGE NO. 1 1 Removal of Items from Consent Calendar 1 Minutes, Spec. Called Mtgs., Nov. 26, 1985, & Dec. 10, 1985 Approved 2 Legal Claim for Rejection: Ref. #769, Williams Rejected 2 CC #SS-399, Gutter Const. - Eglise Av., Florence Av. to Via Amorita Av.: Specs & grant authority to advertise for bids Approved 2, CC#532, Fire Station #4, 9349 Florence Av. Driveway Reconstruction: Plans, specs & grant authority to advertise for bids Approved 2 General Warrants #10958 - 11099 Approved 2 Redevelopment Annual Report: Receive & file & auth. staff to execute documents as required & forward to appropriate State agencies Approved 2 Res. #4678, Supporting change in Rule 20A Alloca- tion Formula & an Increase in Funding Amount Adopted 2 Res. #4679, Rescinding Res. #4015 (Futures Fund) Adopted 2 Minutes: Reg. Mtg., Dec. 10, 1985 Held to next meeting 2 Industrial Development Bonds/Travel Lodge Removed from Agenda 2 John Gonzalez re Display of Nativity Scene 2 Ord. #810, re Vesting Tentative Maps for Subdivisions (Urgency) Adopted 2 Closed Session re pending litigation 2 Res. #4680, Confirming & Decl. Public Area to be Public Forum (site of City Hall arch) Adopted 3 Golf Course Maintenance Agreement Cont'd. to 1/14/86 3 Appeal of Mrs. Bolado to moratorium on hotels & motels re ppty. at 9438 Firestone Bl. 3 David Ray req. revision of Res. #4651 on charges Ref. to staff f/review for microfilm copies of Bldg. Permits & possible revision 4 Peter Candella question on how moratorium can affect transaction already in progress w/City 4 Lennie Whittington re possible conflict bet. Council & Redevelopment Agency concerning advice to Mrs. Bolado about her property 4 Cn. Boggs re investigation of car leased in June 1984 4 Page 1 of 2 COUNCIL MINUTES, DECEMBER 17, 1985 (ADJOURNED) TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT Cn. Santangelo extended holiday wishes Cn. Barb thanked Council & City Attorney re efforts on Nativity scene Cn. Cormack re cohesiveness of City & citizens re Nativity scene Mayor Davila re use of property on NW corner Downey & Gardendale as dump site Mayor Davila re debris & vehicles on ppty. at 7943 Imperial Hwy. ACTION PAGE NO. 5 5 5 5 5 Page 2 of 2 %103, MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING DECEMBER 17, 1985 The City Council of the City of Downey held an adjourned regular meeting at 4:15 p.m., December 17, 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 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 William F. Martin, Police Chief Ronald Irwin, Fire Chief James R. Jarrett, Director of Community Services 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 Councilman Barb. The Flag Salute was led by Councilman Santangelo. PRESENTATIONS Mr. Davis commented on the Battle of Badges flag football game held between the City's Police and Fire Departments as a fund raising effort in memory of Fire Captain Bill Aulich, who passed away last year, with the proceeds being donated to the American Cancer Society. He introduced Paramedic Brian Springer, Officer Pete Novakoff, and Officer Richard Piercy, lead people working on the project, and predicted this will turn into an annual community event. Paramedic Springer said the Cancer Society representative will be delayed until 4:30 p.m. Mr. Davis introduced Ron Irwin, new Fire Chief for the City of Downey, and his wife, Linda. Assisted by Mr. Davis, Mayor Davila presented the Fire Chief badge to Chief Irwin. Mr. John Altman, president of the Long Beach Harbor Southeast Unit of the American Cancer Society, thanked the Police and Fire Departments for their generous contribution from proceeds raised in Memory of Fire Captain Bill Aulich from the "Battle of Badges" flag football game. He presented trophies to Officer Novakoff and Paramedic Springer. Paramedic Springer presented to Mr. Altman for the American Cancer Society a check totaling $1,629.53 on behalf of Bill Aulich. HEARINGS: None REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Items VIII-A-3, Minutes, Regular Meeting of December 10, 1985; and VIII-G-3, Industrial Development Bonds/Travel Lodge, were removed at the request of Councilwoman Boggs. CONSENT CALENDAR It was moved by Councilman Barb, seconded by Councilwoman Boggs, and passed by the following vote to approve the Remainder of the Consent. Calendar: Council Minutes 12/17/85 (adj.) -1- Minutes, Special Called Meetings of November 26, 1985, and December 10, 1985. Legal Claim for Rejection: Ref. 1769, Corraine and Frederick Williams. Cash Contract No. SS-399, Gutter Construction - Eglise Avenue, Florence Avenue to Via Amorita Avenue; and Clancey Avenue, Sheradell Avenue to Vista Del Rio Drive: Specifications and grant authority to advertise for bids. Cash Contract No. 532, Fire Station No. 4, 9349 Florence Avenue Driveway Reconstruction: Plans and specifications and grant authority to advertise for bids (Account No. 40-17131). General Warrants: #10958 - 11099 - $445,877.48. Redevelopment Annual Report: Receive and file and authorize staff to execute the documents as required and forward said documents to the appropriate State agencies. RESOLUTION NO. 4678 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING A CHANGE IN THE RULE 20A ALLOCATION FORMULA AND AN INCREASE IN THE FUNDING ALLOCATION AMOUNT RESOLUTION NO. 4679 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING RESOLUTION NO. 4015 (FUTURES FUND) AYES: 5 Council Members: Santangelo, Boggs, Cormack, Barb, Davila Councilwoman Boggs explained she had just received a copy of Minutes of Regular Meeting of December 10, 1985, and has not had an opportunity to read them. At her request, it was so ordered to hold final approval to the next meeting. Mr. Cutts stated necessary information has not been received from the applicant on Industrial Development Bonds/Travel Lodge, so it cannot go forward at this time. ORAL COMMUNICATIONS - Items not on Agenda Mr. John Gonzalez, 12350 Orizaba, congratulated Council Members Boggs, Santangelo, and Cormack and Mr. Davis for their efforts on Display of the Nativity Scene and he voiced objection to actions of the American Civil Liberties Union (ACLU) on this matter. He also mentioned seeing on television at 11:00 p.m. Council Members Boggs, Santangelo and Cormack and Mr. Davis in front of the Nativity scene, including another person he believed to be Mrs. Boggs' son. Mr. Gonzalez then blamed the City Attorney and his office for not protecting the City against the ACLU. For the record, Councilwoman Boggs pointed out her son was not present at the time and place referred to by Mr. Gonzalez. ORDINANCES ORDINANCE NO. 810 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 9202.12 AND SECTIONS 9217 THROUGH 9217.8 TO THE DOWNEY MUNICIPAL CODE RELATING TO VESTING TENTATIVE MAPS FOR SUBDIVISIONS The Resolution was read in its entirety. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by unanimous vote to adopt. CLOSED SESSION Mayor Davila announced the Council is recessing to closed session for the purpose of discussing pending litigation under provisions of Government Code Section 54956.9, Subdivision (a), as follows: Council Minutes 12/17/85 (adj.) -2- /oS. 1. Davis vs. City of Downey; 2. A.C.L.U. vs. City of Downey; and 3. Confidential communications. The meeting was then recessed from 4:50 p.m. to 5:20 p.m, and resumed with all Council Members present. Mayor Davila stated there was no action taken in closed session required to be announced. RESOLUTIONS RESOLUTION NO. 4680 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING AND DECLARING A PUBLIC AREA TO BE A PUBLIC FORUM Mr. Newton stated the Resolution confirms and declares the park area where the City Hall arch is located as a public park and a public forum. The Resolution was read by title only. It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and passed by unanimous vote to waive further reading and to adopt. ADMINISTRATIVE REPORTS Golf Course Maintenance Agreement Mayor Davila explained he has been advised that one of the bidders would like to present some facts to the Council at the next meeting. He then re- quested the agreement be set aside to that time. Councilwoman Boggs objected. Councilman Santangelo indicated he would like to see the recommended con- tracts before voting. Councilman Barb said the Council saw the specifcations when this was sent out to bid, and he would like to go ahead and approve the staff's recommenda- tion. He questioned whether all bidders will be allowed to make presentations if this matter is continued. Mr. Ralph explained the low bidder was upset with staff's recommendtion. He also mentioned the contract that was sent out was the same as presented to Council for approval, and the only item the Council did not see was the notice inviting bids, which included a statement that qualifying bidders must demon- strate extensive knowledge of golf course maintenance and provide references showing recent or current experience of a minimum three years in performing work at a regulation 18-hole golf course in the southwest United States, which the low bidder could not do. Councilman Santangelo asked that a copy of the contract be included with staff's recommendation. Continued to January 14, 1986. ORAL COMMUNICATIONS - Staff Members Mr. Cutts reported on a letter from Mrs. Zenaida Bolado in appeal to a moratorium on hotels and motels, which was established by Ordinance at the October 22nd meeting. The appeal concerns a proposed Comfort Inn at 9438 Firestone Boulevard, and the Design Review Board approved the matter because it had been submitted prior to adoption of the urcency Ordinance. It was mentioned the Council made a previous decision to authorize staff to assist the applicant in relocating her business. During discussion, Mr. Cutts said staff has nearly completed its study, and it is planned to take this matter to the Planning Commission for consideration at its January 15th meeting. Staff has talked with Mrs. Bolado about possible purchase of the property but she is doing business with someone else. The City is not obligated to provide assistance because it is not involved in the project as far as redevelopment is concerned. Mr. Chandu Patel, Taj Development Corporation, Rowland Heights, said if the City does not act as soon as possible on this matter Mrs. Bolado could lose her property. Council Minutes 12/17/85 (adj.) -3- Councilman Barb suggested the developer could purchase the property and take the risks instead of Mrs. Bolado. Mrs. Bolado, owner of the property at 9438 Firestone Boulevard, commented on her plans to build a retirement home, which were denied by the Planning Commission and City Council. She explained that income from the reduced residential capacity of the property has made it difficult to meet the mortgage payments. She said the project meets all other planning requirments. Mrs. Bolado's father addressed the Council and stated his daughter is on the verge of bankruptcy. He requested the Council to reconsider this matter. Councilman Cormack said there is a solution through the redevelopment process. Mayor Davila also suggested Mrs. Bolado work with staff and have the developer purchase the property. Mr. Cutts further emphasized that staff has had conversations with Mrs. Bolado and indicated the City would be interested in purchasing the property for redevelopment purposes. Staff would also work with the lending institution to see if a solution can be worked out. Mr. John Gonzalez, 12350 Orizaba, commented on the ability of Mr. Patel to make payments on the property for Mrs. Bolado and he also noted the problems she had in meeting City requirements, with no one offering. to assist her. He said, an application was filed for a proposed motel on Paramount Boulevard which had been submitted to the Planning Commission, but that in the interval the mora- torium prohibiting motel/hotel development was adopted. He insisted the Council approve the motel on Paramount, as well as Mrs. Bolado's request. ORAL COMMUNICATIONS - Audience Mr. David Ray, 7338 Nada, referred to Resolution No. 4651 and questioned whether the charge for microfilm copies of building permits is per residence and also why microfilm copies, except building permits, are $2.00 a copy. He hopes the Council will take steps to revise the resolution. Referred to staff for review and possible revision. Mr. Peter Candella, 10317 Eglise Avenue, referred to Mrs. Bolado's request and questioned how a moratorium can affect a transaction already in progress with the City. He was told that unless a permit had been taken out it was not in progress. Mr. Lennie Whittington, 8542 Manatee, also spoke regarding Mrs. Bolado's request and questioned whether it is a conflict for the Council to suggest that Mrs. Bolado contact the Redevelopment Agency regarding possible of her property since the Council and Redevelopment Agency are one and the same. Councilman Cormack explained this was suggested to Mrs. Bolado because her property could not be handled in the manner she wanted. Also, if the City can do something to help, the Council feels morally obligated to do so. ORAL COMMUNICATIONS - City Council Councilwoman Boggs explained that on election day in June 1984, she was in- volved in an automobile accident and leased a car from a local agency while her vehicle was being repaired. Upon repair of the vehicle she returned the lease car and paid for it with a check in the amount of $607 made out on the account of Boggs Roofing Service, Inc., which was legal owner of the car. the following day she received a check f i oni the Auturiou i i e Club of Sol LhLern is i "i f urr i a fur Lhe same amount since their insured was held responsible for the accident. The check was then deposited back into the checking account of Boggs Roofing. Today, she said, she received word that the District Attorney's office had been asked to investigate her for taking a discounted leasing of an automobile, and she is concerned whether the intent of the person requesting the investigation is to embarrass her or to intimidate Budget Rent A Car, the firm she leased the car from, who has an item pending on the Planning Commission agenda tomorrow evening. It was moved by Councilwoman Boggs and seconded by Councilman Santangelo to ask for an investigation of this particular matter. Council Minutes 12/17/85 (adj.) -4- Mr. Terry Anderson, owner of Budget Rent A Car, 11405 Paramount Boulevard, said he was contacted by the District Attorney, who he informed that Councilwoman Boggs has done nothing improper. The District Attorney told him today everything looked fine, and he feels it is improper for anyone to make the statements they have and go to the District Attorney. For the record, Councilwoman Boggs submitted to the City Clerk a copy of the bill from Budget Rent A Car. Mr. Anderson said he will back Councilwoman Boggs on any financial or legal matters. Councilman Santangelo expressed his appreciation to staff and people at City Hall and wished everyone the best for the holidays. Councilman Barb thanked the Council and City Attorney for their efforts regarding the Nativity scene and wished everyone a Merry Christmas. Councilman Cormack commented on the cohesiveness of the City and its citizens in banding together on the Nativity scene and making it one of the better Christmases. He wished everyone a Merry Christmas. Mayor Davila reported on use of property on the northwest corner of Downey Avenue and Gardendale Street as a dump site and he requested the property be cleaned. When asked about the status of the property, Mr. Cutts said the permits have been issued, and a temporary power pole has been installed, so they are ready to begin construction. Mayor Davila also refered to the debris and vehicles on property at 7943 Imperial Highway. He then wished everyone a Merry Christmas and Happy New Year. ADJOURNMENT: 5:32 p.m. �46% �rxz / Robert L. Shand, City Jerk -Treasurer el�IV Bob Davila, Mayor Council Minutes 12/17/85 (adj.) -5-