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HomeMy WebLinkAboutMinutes-07-08-86-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOOM JULY 8, 1986 TABLE OF MINUTE ACTIONS SUBJECT Oath of Office presented to re-elected Council Member Randall Barb Certificates of Appreciation to eight Downey Firefighters for participation at mini -training academy in Ensenada, Mexico, during May 1986 Proclamation re July as National Recreation & Parks Month ACTION PAGE NO. 1 0 1 Hearing on Satellite Dish Antennas Closed; Ordinance to be brought back next mtg. 1 Ltg. Dist. Annex. 86/09, Meldar Av. bet. Gallatin Rd. & Vista Del Rosa Cont'd. to 7/22/86 3 Res. #4776, Apprvg. Amndmt. to General Plan, GP 86-1 (Paramount/DePalma) Adopted Ord. re Zone Change #228 (Paramount/DePalma) Introduced John Emmi re need for street imprvmts. on Brock Av. Ref. to Cn. Paul Sonja Silva & Pat Makepeace req. reinstatement of left turn for westbound traffic on Firestone Ref. to Dir. of B1. at Woodruff Av. Public Works Removal of Items from Consent Calendar Legal Claim for Denial: Ref. #753, Sara Geevarghese (Appl. for Late Claim) Denied Legal Claims for Rejection: Ref. #802, Doris Edwards for minor son, Eric; & Ref. #803, Raymond Lester Ness Rejected CC #SS-398, Citywide Street Resurfacing: Accept improvements Approved S 33 } ,.1.5156 CC #5, Sidewalk & Handicap Ramp Const. - Various Locations: Accept improvements; extra work; & auth, additional expenditure Approved General Warrants: #15855 - 16475 Approved Rental Agreements, Apollo Neighborhood Center: Auth. signing of agreements effective 7/1/86 Approved Res. #4777, Supporting local Apprvl. for County Detention Facilities Adopted Ord. #830 re Hotels & Motels Adopted Ord. re Amortization period for Nonconforming Gasoline Service Stations & Combined Gasoline Service Stations & Convenience Markets No action Vehicle Towing & Storage Services: Auth. Purchasing Div. to contract w/United Towing for a 3-yr. period; hold signing for two weeks pend- ing Council's review of subsequent report; & add clause that all parking & City Ordinances be obeyed in operating of towing service Approved 3 3 4 4 4 4 4 4 4 4 4 4 4 i 61 Page 1 of 2 COUNCIL MINUTES, JULY 8, 1986 MUME OF MINUTE ACTIONS (CONTINUED) ACTION PAGE NO. Relocation of Historic House from Firestone Bl. to Apollo Park adj. to Downey History Center & expenditure of CDBG Funds Approved 6 CC $SS-382, Brookshire Av. - Firestone B1. to Cherokee Dr.: Appropriations & award contract to Sully -Miller, contingent on Caltrans approval Approved 6 City's Liability Program: $1 million self - insured retention Approved 6 Minutes: Adj. Reg. Mtg., June 11, 1986, & June 24, 1986; & Reg. Mtg., June 24, 1986 Approved 6 Cn. Paul. re enthusiasm in working w/Mayor & Council & representing Dist. 2 6 Mayor Pro Tem Boggs thanked Jaycees for providing Warren High School Fireworks Program July 4th 6 Mayor Pro Tem Boggs re status of handicap ramps on Imperial Hwy. 6 Meeting adj. to 6:00 p.m., July 22, 1986 7 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 8, 1986 The City Council of the City of Downey held a regular meeting at 7:44 p.m., July 8, 1986, in the Council Chamber of the Downey City Hall, Mayor James S. Santangelo presiding. PRESENT: Council Members: James S. Santangelo Mayor Diane P. Boggs Mayor Pro Tem Randall R. Barb Roy L. Paul ABSENT: Robert G. Cormack (excused) ALSO PRESENT: Don Davis, City Manager Carl K. Newton, City Attorney Robert L. Shand, City Clerk -Treasurer James R. Cutts, Director of Community Development Ronald Irwin, Fire Chief James R. Jarrett, Director of Community Services Lee Powell, Director of Administrative Services William A. Ralph, Director of Public Works Harald J. Henriksen, City Engineer Bonnie Rehoe, Recreation Division Manager William Makshanoff, Building Division Jake Wager, Redevelopment Manager Pete Stone, Police Captain Edward Velasco, Housing Manager Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend Dennis Bottoms, Good Shepherd Lutheran Church. The Flag Salute was led by Councilman Paul. OATH OF OFFICE Mr. Shand administered the Oath of Office to re-elected Council Member Randall R. Barb, and presented him with the Certificate of Election. Chief Irwin commented on the Participation of eight Downey Firefighters at a mini -training academy in Ensenada, Mexico, in May, 1986. He assisted Mayor Santangelo in presenting Certificates of Appreciation to the following fire- fighters: Jim Benedict; David Calderwood; Ronald Croom (not present); Fernando de la Torre; Ronald McDearmon; Craig Petersen; Brian Springer; and Ray Ramos. Mayor Santangelo presented Chairman Jim Derry of the Recreation & Community Services Commission a Proclamation declaring July as National Recreation and Parks Month. Chairman Derry thanked the Council for its continued support of the City's Recreation & Community Services Department of the City and complimented the recreation program and its staff for maintaining an excellent program. BEARINGS Mayor Santangelo opened the hearing on Code Amendment regarding Satellite Dish Antennas, which was continued from the regular meeting of June 24, 1986. Mr. Cutts mentioned staff has studied the areas relating to roof antennas, establishing an exemption for small antennas, and reviewing the problem of interference and jurisdiction of the Federal Communications Commission (FCC). It was learned on advice from the City Attorney's office that the FCC does regulate or require correction of any interference created through use of the various antennas. Mr. Cutts also stated the Council directed that roof -mounted antennas be mounted so as to not be visible from any abutting street frontage and that a Council Minutes 7/8/86 -1- roof antenna be viewed as an area of last resort. Four options have been pre- sented to solve that problem, which he outlined in detail. Mr. Newton confirmed that Councilman Paul, who will participate in the decision on this matter, has either been present at all hearings conducted before the City Council or has listened to the tape, and has received all evidence presented to the Council on this matter. Mayor Santangelo inquired if the City Clerk had received any corres- pondence, and the response was no. Mayor Santangelo asked if there was anyone present to speak in favor. Mr. Joel Lubin, 7820 Allengrove, feels the recommendation submitted at the last meeting adequately handles the problem. If the Council does not concur regarding roof antennas, he would recommend having the Design Review Board handle it. He raised questions regarding some of the proposed wording. Mr. Leon Emerson, 7607 Yankey, indicated that Option 4 might be more con- stricting than anticipated, and he suggested adding a clause which says "or other good and valid reason appearing to the Board" so that the Design Review Board can use some common sense based upon what is coming to pass. Mr. Emerson also requested Item 3 (e) under Section 9136.28 be deleted, which states "owners of antennas are responsible for correcting any interference caused by the antenna....." This is closely regulated by the FCC. There being no one else to speak in favor and no one to speak in opposi- tion, it was moved by Councilman Barb, seconded by Mayor Pro Tem Boggs, and passed by the following vote to close the hearing. AYES: 4 Council Members: Boggs, Barb, Paul, Santangelo ABSENT: 1 Council Member: Cormack Mayor Pro Tem Boggs suggested the Ordinance be corrected to indicate a person would not have to go through design review unless he were unhappy with the decision of staff and would have the option of appeal. She is concerned about visibility to the neighbors of a five foot roof -mounted antenna. Councilman Barb objects to the visibility of a roof -mounted dish, feels design review should be involved, and that dishes be permitted on a roof only when all of the safety issues have been satisfied and there is absolutely no place else to put the dish. He concurs with Option 4. Councilman Paul also agreed with Option 4 and the wording recommended by Mr. Emerson, which would given the Board some discretion. He also concurred that Item 3 (e) be stricken. When asked about the response time of the FCC to a complaint, Mr. Emerson said he understands they respond within two -to -three weeks. Mayor Pro Tem Boggs also indicated she would favor Option 4 with the excep- tion that it is not necessary to send all antennas through design review and feels staff will see that the ordinance is adhered to. It was moved by Councilman Paul and seconded by Mayor Pro Tem Boggs to approve Option 4 with the addition of words "or other good and valid reason appearing to the Board," with the understanding that the antennas would not have to go through the Design Review Board if approved through staff, and striking Item 3 (e). (Second to motion later removed.) Councilman Barb again stated he feels it is crucial that a citizens committee be involved in the decision and that a public hearing before the Planning Commission should be held when a dish is proposed to be installated in a residential neighborhood. Mr. Lubin did not concur with deleting Item 3 (e) from the Ordinance. Mayor Pro Tem Boggs said the reason for the Ordinance was the aesthetics of the community and visibility of roof -mounted antennas. She withdrew her second so that design review could be removed from the motion and leaving roof mounted antennas for inspection of Design Review at this time. The motion died for lack of a second. Council Minutes 7/8/86 -2- It was moved by Councilman Paul, seconded by Mayor Pro Tem Boggs, and passed by the following vote to approve Option 4 with addition of wording "or other good and valid reason appearing to the Board," and strike Item 3 (e). AYES: 4 Council Members: Boggs, Barb, Paul, Santangelo ABSENT: 1 Council Member: Cormack An Ordinance will be brought back to Council at its next meeting. Mayor Santangelo opened the hearing on Lighting District Annexation 86/09, Neldar Avenue between Gallatin Road and Vista Del Rosa, which was continued from the regular meeting of June 24, 1986. Mr. Ralph explained at the last meeting staff was instructed to meet with the affected individuals on Meldar. The meeting has been set for July 9th, and it is requested the Council continue the hearing to July 22nd. It was so ordered to continue the hearing to 7:30 p.m., July 22, 1986, in the Council Chamber of Downey City Hall. Mayor Santangelo opened the hearing on Zone Change Case No. 228 and General Plan Amendment 86-1, Paramount Boulevard between Stewart & Gray Road and DePalma Street. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Mayor Pro Tem Boggs, seconded by Councilman Barb, and so ordered to receive and file the Proof. Mr. Cutts reported on the inconsistencies in General Plan designations, zoning and actual land uses for 11832 Paramount Boulevard, 8020 DePalma Street, and the easterly 33 feet of a commercial parcel at the northeast corner of Paramount Boulevard and Stewart & Gray Road. He narrated a slide presentation of the three parcels. Mayor Santangelo inquired if the City Clerk had received any corres- pondence, and the response was no. Mayor Santangelo asked if anyone wished to speak in favor. Mr. William DePalma, 5746 Citrus Avenue, Whittier, explained the property was purchased and developed by his father many years ago, who hoped the property could be developed into a strip center. He said his main concern is for a C-1 zone on the corner so that he can continue with plans for development. There being no one else to speak in favor and no one to speak in opposi- tion, it was moved by Councilman Barb, seconded by Councilman Paul, and so ordered to close the hearing. RESOLUTION NO. 4776 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO THE GENERAL PLAN OF THE CITY OF DOWNEY: GP 86-1 The Resolution was read by title only. It was moved by Councilman Barb, seconded by Mayor Pro Tem Boggs, and passed by the following vote to waive further reading and to adopt AYES: 4 Council Members: Boggs, Barb, Paul, Santangelo ABSENT: 1 Council Member: Cormack ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE OFFICIAL ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (ZONE CHANGE CASE NO. 228) The Ordinance was read by title only. It was moved by Councilman Barb, seconded by Mayor Pro Tem Boggs, and passed by the following vote to waive further reading and to introduce. AYES: 4 Council Members: Boggs, Barb, Paul, Santangelo ABSENT: 1 Council Member: Cormack Council Minutes 7/8/86 -3- ORAL COMMUNICATIONS - Items not on Agenda Mr. John Emmi, 12342 Brock Avenue, cited the need for street improvements on a portion of Brock Avenue. He said Orange Street was recently paved, but there is one portion where a house was remodeled and the street not developed, although a cement driveway was constructed. He submitted photographs of the area involved. Councilman Paul indicated he will discuss this matter with staff. Ms. Sonja Silva, 9304-1/4 Firestone Boulevard, representing the merchants from Downey Plaza, expressed concern over the •no left turn' sign posted for westbound traffic on Firestone Boulevard at Woodruff. She said numerous com- plaints have been received from customers since there is no access for westbound traffic into the shopping center. She requested reinstatement of the left turn at this location. Mr. Ralph indicated staff would come back with a report on this matter. Ms. Pat Makepeace, 10213 Pangborn, representing Mrs. Tatti, the owner of property at 9262 Firestone Boulevard, location of the Chrysler dealership, went on record in currence with Ms. Silva and feels there should be a turn signal at that location. Councilman Barb questioned why the left turn is no longer permitted for westbound traffic since left turns are permitted for eastbound traffic. CONSENT CALENDAR Agenda Items VIII-A-1, Minutes of June-11 and 24, 1986, were removed from the Consent Calendar at the request of Councilman Paul. It was moved by Councilman Barb, seconded by Mayor Pro Tem Boggs, and passed by the following vote to approve the Consent Calendar: Legal Claim for Denial: Ref. 1753, Sara Geevarghese (Application for Late Claim). Legal Claims for Rejection: Ref. #802, Doris Edwards for minor son, Eric; and Ref. #803, Raymond Lester Ness. Cash Contract No. S.S. 398, Citywide Street Resurfacing: Accept improve- ments and maintenance responsibility for work constructed. s'33 ptn ��z a�SG Cash Contract No.-, Sidewalk and Handicap Ramp Construction - various Locations: Accept improvements; approve extra work; and authorize the expenditure of an additional $12,645.36 from Account No. 25-13917. General Warrants: #15855 - 16475 — $1,188,471.78 Rental Agreements, Apollo Neighborhood Center: Approve and authorize signing of agreements effective July 1, 1986. RESOLUTION NO. 4777 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY IN SUPPORT OF LOCAL APPROVAL FOR COUNTY DEMMON FACILITIES AYES: 4 Council Members: Boggs, Barb, Paul, Santangelo ABSENT: 1 Council Member: Cormack ORDINANCES ORDINANCE NO. 830 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 9104.122 AND 9104.174 OF THE DOINNEY MUNICIPAL CODE WHICH RELATE TO HOTELS AND MOTELS (CHAPTER 1 ARTICLE I%) The Ordinance was read by title only. Councilman Paul confirmed that he has been present at all Council hearings on this matter or has listened to the tapes. Council Minutes 7/8/86 -4- It was moved by Councilman Barb, seconded by Mayor Pro Tem Boggs, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Boggs, Barb, Paul, Santangelo ABSENT: .1 Council Member: Cormack ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL Or THE CITY OF DOWNEY ADDING SECTIONS 9146.15 AND 9146.21 TO TEE DOWNEY MUNICIPAL CODE RELATING TO TM AMORTIZATION PERIOD FOR NONCONFORMING GASOLINE SERVICE STATIONS AND COMBINED GASOLINE SERVICE STATORS ADM CONVENIENCE MARJUM The Ordinance was read by title only. It was moved by Councilman Barb to waive further reading and to introduce. Councilman Paul confirmed he has been present at all City Council hearings on this matter. The motion was seconded by Mayor Pro Tem Boggs. Mr. Cutts clarified wording of the Ordinance and responded to questions of the Council. For the record, Mayor Santangelo stated he will be opposed to the Ordinance on the basis of requiring free air and water and feels it is up to free enter- prise to decide whether they want to charge for these services. AYES: 2 Council Members: Boggs, Barb, NOES: 2 Council Members: Paul, Santangelo ABSENT: 1 Council Member: Cormack The vote constituted no action. RESOLUTIONS: None ADMINISTRATIVE REPORTS It was moved by Councilman Paul and seconded by Mayor Pro Tem Boggs to authorize the Purchasing Division to contract with United Towing Service for Vehicle Towing and Storage Services for a three-year period. (See restated motion.) Mayor Pro Tem Boggs requested further evaluation and back-up information before giving the contract to one towing company. Councilman Barb would like the agreement to have a clause prohibiting the towing company from parking its trucks on City streets at any time unless in the course of the operation of the business. Captain Stone commented regarding the unsatisfactory performance of Doug's Tug, who in the past has been a joint provider of towing service with United. It is recommended the entire City towing contract be awarded to United Towing. Mayor Santangelo and Mayor Pro Tem Boggs indicated they would like to see further information on this matter. _. It was moved by Councilman Paul, seconded by Mayor Pro Tem Boggs, and passed by the following vote to authorize the Purchasing Division to contract with United Towing Service for Vehicle Towing and Storage Services and that signing of the agreement be held for two weeks pending Council's review of a subsequent report. An amended motion was made by Councilman Barb, seconded by Mayor Pro Tem Boggs, and passed by the following vote to add a clause to the contract that all parking and City Ordinances are obeyed in the operation of the towing service. Roll call vote on the amendment: AYES: 4 Council Members: Boggs, Barb, Paul, Santangelo ABSENT: 1 Council Member: Cormack Roll call vote on the original motion as amended: Council Minutes 7/8/86 -5- S�_L,o AYES: 4 Council Members: Boggs, Barb, Paul, Santangelo ABSENT: 1 Council Member: Cormack It was moved by Mayor Pro Tem Boggs, seconded by Councilman Paul, and passed by the following vote to approve the, Relocation of the Historic House on Firestone Boulevard to Apollo Park adjacent to the Downey History Center and to approve the expenditure of $5,000 of CDBG Funds for removal and transportation of the home. AYES: 4 Council Members: Boggs, Barb, Paul, Santangelo ABSENT: 1 Council Member: Cormack It was moved by Councilman Barb, seconded by Mayor Pro Tem Boggs, and passed by the following vote to appropriate additional Gas Tax Funds in the amount of $13,000 from the unappropriated Gas Tax Fund balance into Account No. 26-16382; appropriate $30,000 from the unappropriated fund balance of SB 300 Funds into Account No. 36-16382, and award a unit price contract totaling $227,530 to Sully -Miller Contracting Company for construction of storm drain and street improvements under Cash Contract No. S.S. 382 (FAO), Brookshire Avenue - Firestone Boulevard to Cherokee Drive, contingent upon Caltrans approval to award the contract. AYES: 4 Council Members: Boggs, Barb, Paul, Santangelo ABSENT: 1 Council Member: Cormack It was moved by Councilman Barb, seconded by Mayor Pro Tem Boggs, and passed by the following vote to approve a $1 million self -insured retention for the City's Liability Program. AYES: 4 Council Members: Boggs, Barb, Paul, Santangelo ABSENT: 1 Council Member: Cormack 110 6 14 'ti YG • N 1&0 •.• •r :4 11 0 WW;l' A z U . It was moved by Councilman Barb, seconded by Mayor Pro Tem Boggs, and passed by the following vote to approve the Minutes of Adjourned Regular Meetings, June 11, 1986, and June 24, 1986; and Regular Meeting, June 24, 1986. AYES: 3 Council Members: Boggs, Barb, Santangelo ABSENT: 1 Council Member: Cormack ABSTAIN: 1 Council Member: Paul Councilman Paul indicated he abstained because he was not on the Council at the time the Minutes were taken. OTHER BUSINESS - Staff Members: None OTHER BUSINESS - City Council Councilman Paul expressed his enthusiasm in working with the Mayor and Council Members and representing District Two. Mayor Pro Tem Boggs thanked the Downey Jaycess for providing the Warren High School Fireworks Program on July 4th for the community. Mayor Pro Tem Boggs indicated she would like to meet with the Mayor and other Council Members regarding some committee changes. Mayor Pro Tem Boggs stated will meet with Mr. Ralph regarding status of the handicap ramps on imperial Highway. ADJ 9:25 p.m. The meeting was adjourned to 6:00 p.m., July 22, 1986, in the Council Chamber of Downey City Hall. R015ert L. Shand, City Clerk -Treasurer r//J m S. Santangelo./Mayor Council Minutes 7/8/86 -6-