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HomeMy WebLinkAboutMinutes-10-14-86-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 14, 1986 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Connie Hernandez - comments re Sister City visit to Guadalajara 1 Proclamation - October 15, 1986, White Cane Day 1 Proclamation - Nov. 18, 1986, Mayors' D-Day in War on Drugs 1 Video presentation of excerpts from Guadalajara visit by Mayor & City reps. 1 Proclamation - October 1986 as Toastmasters Communications Month 1 Proclamation - Oct. 25, 1986, Community Pancake Breakfast Day 1 Res, #4811, Ord. Annexatn. 86/11 - Puritan St. bet. Brock Av. & Gneiss Av.) Adopted 2 Ord. re Zone Change Case #231 - 9100-9130 & 9220-9330 Firestone & 11229-11255 Woodruff Introduced 3 Motion to send letter thanking Supervisor Schabarum for his concern & action re keeping Rio Hondo Channel esquestrian bridge closed Approved 3 Mayor Pro Tem Boggs req. City research smoking & non-smoking designations in public places & whether they can be instituted without placing hardship on establishments 3 Req. for waiver under rubbish hauling section of Ref, to staff for Ord. #684 & issue license to rubbish hauler report next meeting 3 Removal of Items from Consent Calendar 3 Rejection of Legal Claims: #815, Frank Ward; #813, Clifford Jacobs; #819, Kirt Hopson Rejected 3 Misc. Proj. #219, Elm Vista Dr. - Sidewalk Const.: Plans & specs; auth. Pub. Wks. Dept. to advertise for bids; & auth. appropriation Approved 3 CC #528, Alley Reconst. N/o Fourth St., Rives - Smallwood; N/o Third St., Rives -Smallwood; N/o Second St., Smallwood to alley w/o Paramount B1.; W/o Paramount B1., Second -Third; & E/o Lakewood Stewart & Gray -Buckles: Change Orders 1 & 2; accept alley const. & maint. responsibility Approved 3 General Warrants #18411 - 18951 Approved 4 Zone Change Case #232, 12808 Woodruff Av. Hearing set Oct. 28 4 Res. #4812, Decl. Int, to Vacate 10' portion of New St. 60' wide adj. to & NEIy. from NEIy, line Adopted; sets hrg. of Firestone B1. 100' 1st mtg. in Nov. 4 Res. #4813, Supporting Atty. Gen. Van DeKamp's United Effort to Guarantee all Students right to Learn in Schools that are Drug Free Adopted 4 Res. #4814, Setting Oct. 1986 as Escrow Month Adopted 4 Page 1 of 2 COUNCIL MINUTES, OCTOBER 14, 1986 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT Res. #4815, Opposing Gann Initiative (Prop. 61) ACTION Adopted Res. #4816, Apptg. City Rep. to Independent Cities Risk Mngmt. Auth. Adopted Minutes: Adj. Reg. Mtg., Sept. 23, 1986; & Reg. Mtg., Sept. 23, 1986 Approved Temporary Closure of Margaret St. bet. Brookshire/ Patton on Saturday, Oct. 25, 1986, bet. 6:00 a.m. & 6:00 p.m. by issuance of encroachment permit Approved Ord. regulating Vendors on Public Streets Report on Elm Vista Dr. Task Force: Continue to support approach to neighborhood preservation by forming task force for Cheyenne Av.; & organize ceremony of recognizing preservation & beautifi- cation efforts of Elm Vista residents & property owners to be held in conjuntion w/planting of street trees City's 30th Anniversary: Breakfast honoring past Mayors; open house on Sat., Oct. 18; & Battle of Badges footfall game on Sat., Oct. 25 Cn. Cormack proposed recognition of TV announcer Dave Lopez Mayor Pro Tem Boggs re homes on the I-105 Freeway Mayor Pro Tem Boggs questioned whether glass at City Hall would hold up under explosion or earthquake Mayor Pro Tem Boggs re charge per day to use high school swimming pool Mayor Pro Tem Boggs re preparedness in event of disaster in City Mayor Pro Tem Boggs re Council position on Proposition J Mayor Pro Tem Boggs re plaque for presentation to Dr. Michaels on retirement from Cerritos College Mayor Pro Tem Boggs req. Downey Theatre Founda- tion be incl. in next recognition dinner for retiring board & commission members Cn. Barb re need for soundwall on I-105 Freeway near Dollison & Fairford & req. after funds are available that City do work Cn. Paul re DARE program & contribution from SE Bar Assn. Cn. Paul supported need for lobbyist Officer Jody Barb re DARE program Closed session re attorney -client communications & pending litigation Ord. re Vendors on Public Streets Tabled (see Pg. 7) Approved Staff to report back Req. item for next Agenda PAGE NO. 4 4 4 4 4 'i 6 6 6 6 6 6 6 6 21 Dir. P.W. to bring back report on costs 6 6 6 6 6 Ref, to City Atty. 6 Page 2 of 2 c I CD MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 14, 1986 The City Council of the City of Downey held a regular meeting at 7:38 p.m., October 14, 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 Robert G. Cormack Randall R. Barb Roy L. Paul ALSO PRESENT: Don Davis, City Manager Carl K. Newton, City Attorney Jeanne Cook, Deputy City Clerk -Treasurer James R. Cutts, Director of Community Development Ronald Irwin, Fire Chief James R. Jarrett, Director of Community Services William F. Martin, Police Chief Lee Powell, Director of Administrative Services William A. Ralph, Director of Public Works Harald J. Henriksen, City Engineer Ed Velasco, Manager of Housing 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 John Wetzel, Christ Lutheran Church. The Flag Salute was led by former Mayor and Council Member Lyell Swearingen. PRESENTATIONS Connie Hernandez, President of the Downey Sister Cities Association, commented on a recent visit to the City of Guadalajara with members of the Association, Mayor Santangelo and Councilman Paul. With the assistance of Mayor Santangelo, she displayed a flag presented to the City of Downey. Mayor Santangelo read a Proclamation declaring October 15, 1986, as White Cane Day. Mayor Santangelo read a Proclamation declaring November 18, 1986, as Mayors' D-Day in the War on Drugs. A video presentation was shown of excerpts from the Guadalajara trip. Mayor Santangelo presented to Skippy Blair a Proclamation declaring October 1986 as Toastmasters Communications Month. Ms. Blair mentioned that in conjunction with the City's 30th birthday and communications awards, the 5050 Club will be honoring Scott and Faith Temple at a dinner dance on October 23rd. Mayor Santanagelo presented to Brian Gasdia, on behalf of the Rotary Club, a Proclamation declaring October 25, 1986, as Community Pancake Breakfast Day. Mr. Gasdia explained that all proceeds from the pancake breakfast will go to the Downey YMCA, which are allocated specifically for youth programs. HEARINGS Mayor Santangelo opened the hearing on Lighting District Annexation 86/11, Puritan Street between Brock Avenue and Gneiss Avenue. He inquired if the Deputy City Clerk had the Affidavit of Posting of Notice and Proof of Publica- tion, and the response was yes. Council Minutes 10/14/86 -1- `6 60 It was moved by Mayor Pro Tem Boggs, seconded by Councilman Cormack, and so ordered to receive and file the Affidavit and Proof. Mayor Santangelo asked if the Deputy City Clerk had received any written protests or objections, and the response was no. There being no one present to speak in favor of or in protest to the Annexation, it was moved by Councilman Barb and seconded by Councilman Cormack to close the hearing. RESOLUTION NO. 4811 A RESOLUTION OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN AREA INTO LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THOSE AREAS (ANNEXATION 86/11 - PURITAN STREET BETWEEN BROCK AVENUE AND GNEISS AVENUE) The Resolution was read by title only. It was moved by Councilman Cormack, seconded by Councilman Paul, and passed by unanimous vote to waive further read- ing and to adopt. Mayor Santangelo stated that due to the proximity of his property on Firestone Boulevard to the property involved in the next hearing, he will turn over the Chair to Mayor Pro Tem Boggs. Mayor Pro Tem Boggs opened the hearing on Zone Change Case No. 231, 9100- 9130 and 9220-9330 Firestone Boulevard, and 11229-11255 Woodruff Avenue, which was continued from the regular meetings of September 9, 1986, and September 23, 1986. Mr. Cutts reported that the Planning Commission approved changing the zone from M-1 (Light Manufacturing) and C-1 (Neighborhood Commercial) to C-2 (General Commercial) for the following parcels: Properties bounded by 9100 Firestone Boulevard on the west, site of the Big 5 Sporting Goods, and Woodruff Avenue on the east, except the Toyota dealership properties at 9136-9158 Firestone Boulevard, 9130 Firestone Boulevard (Bradley Plastic Bag Company), and 11255 Woodruff Avenue. The General Plan designation for all the properties is general commercial. Mr. Cutts commented on the current land uses of the properties and zoning of the surrounding properties. He also narrated a slide presentation. Mayor Pro Tem Boggs asked if the Deputy City Clerk had received any corres- pondence on this matter. Mrs. Cook replied a letter has been received from Mr. Frank Valenta, property owner at 9130 Firestone Boulevard, dated September 11, 1986, stating his opposition and requesting continuation of the hearing to this date. It was moved by Councilman Barb, seconded by Councilman Cormack, and so ordered to receive and file the correspondence. There being no one present to speak in favor, Mayor Pro Tem Boggs asked if anyone wished to speak in opposition. Mr. James H. Hylands, representing Heger Realty Corporation in Los Angeles, said he represents Mr. N. A. Sapiro, owner of the multi -tenant industrial build- ing fronting on Woodruff and adjacent to the railroad tracks owned by N. A. Sapiro, and was at the hearing where the Commission recommended this parcel be excluded from the zone change. He expressed his client's concern that his property be excluded from the zone change, be left as M-1, and remain as a conforming use. There being no one else to speak in opposition, it was moved by Councilman Cormack, seconded by Councilman Barb, and so ordered to close the hearing. Responding to questions, Mr. Cutts explained there would be a 40-year amortization schedule to conform to the zoning, and the amortization would go with the property, not the property owner. Following discussion, he noted the exempted properties are Bradley's Plastic Bag and the multi -tenant industrial building referred to by Mr. Hylands on Woodruff Avenue. Council Minutes 10/14/86 -2- 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. 231) The Ordinance was read by title only. It was moved by Councilman Cormack, seconded by Councilman Paul, and passed by the following vote to waive further reading and to introduce. AYES: 4 Council Members: Boggs, Cormack, Barb, Paul ABSTAIN: 1 Council Member: Santangelo Mayor Santangelo resumed as chairman of the meeting. ORAL COMMUNICATIONS - Items not on Agenda Councilman Cormack acknowledged Lois Buchanan, who led the battle in her neighborhood opposing the re -opening of the Rio Hondo equestrian bridge. He said Supervisor Schabarum has responded to the community and decided to leave the bridge closed. It was moved by Councilman Cormack, seconded by Mayor Pro Tem Boggs, and so ordered to send a letter to Supervisor Schabarum thanking him for his concern about people in the community and advising the Council approves of his actions. Councilman Paul indicated his abstention since he has not fully studied this issue. Mayor Pro Tem Boggs has received a request for the City to research smoking and non-smoking designations in public places. She has a list of nine restau- rants that do not provide designated areas, and she asked staff to check into whether this could be done without placing a hardship on the establishments. Mr. John Hardy, attorney in Whittier, requested the Council to grant his client, Mr. Mendoza, a waiver under the rubbish hauling section of Ordinance No. 684 so that he can pay his license fee. He mentioned Mr. Mendoza was issued a rubbish hauling license in 1985 but it was not renewed, and he understands a waiver has been granted for another license, which has not exceeded the number allowed by the Ordinance. Mr. Hardy asked the Council to waive the requirement and have the Director of Public Works issue the license to Mr. Mendoza. Referred to the Director of Public Works for report back to Council at the next meeting. CONSENT CALENDAR Agenda Items VIII-A-1 and VIII-A-2, Minutes of Adjourned and Regular Meetings of September 23, 1986; and VIII-F-1, Temporary Closure of Margaret Street, were removed at the request of Mayor Pro Tem Boggs. It was moved by Councilman Cormack, seconded by Councilman Barb, and passed by the following vote to approve the Remainder of the Consent Calendar: Rejection of Legal Claims: Ref. #815, Frank E. Ward; Ref. #813, Clifford Jacobs; and Ref. #819, Kirt J. Hopson. Miscellaneous Project No. 219, Elm Vista Drive - Sidewalk Construction: Plans and specifications; authorize the Public Works Department to advertise for bids; and authorize the appropriation of $5,600 from Fund 40 - Unbudgeted Fund Balance distributed as follows: Account #40-15720 - $2,300 and Account #40-15721 - $3,300. Cash Contract No. 528, Alley Reconstruction North of Fourth Street - Rives Avenue to Smallwood Avenue; North of Third Street - Rives Avenue to Smallwood Avenue; North of Second Street - Smallwood Avenue to alley west of Paramount Boulevard; West of Paramount Boulevard - Second Street to Third Street; and East of Lakewood Boulevard - Stewart & Gray Road to Buckles Street: Change Orders Nos. 1 and 2; accept alley construction; and accept maintenance responsibility for the work performed. Council Minutes 10/14/86 -3- S\o18 General Warrants: #18411 - 18951, $3,051,098.57. Zone Change Case No. 232, 12808 Woodruff Avenue: Hearing set for 7:30 p.m., October 28, 1986, in the Council Chamber of Downey City Hall. RESOLUTION NO. 4812 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO VACATE THE 10.00-FOOT PORTION OF NEW STREET 60.00 FEET WIDE THAT IS ADJACENT TO AND NORTHEASTERLY FROM THE NORTHEASTERLY LINE OF FIRESTONE BOULEVARD 100.00 FEET WIDE (sets the hearing for first meeting in November) RESOLUTION NO. 4813 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING ATTORNEY GENERAL JOHN K. VAN DE KAMP'S UNITED EFFORT TO GUARANTEE ALL STUDENTS THE RIGHT TO LEARN IN SCHOOLS THAT ARE DRUG FREE RESOLUTION NO. 4814 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SETTING OCTOBER 1986 AS ESCROW MONTH RESOLUTION NO. 4815 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING THE GANN INITIATIVE (PROPOSITION 61) RESOLUTION NO. 4816 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING A CITY REPRESENTATIVE TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY AYES: 5 Council Members: Boggs, Cormack, Barb, Paul, Santangelo ITEMS REMOVED FROM CONSENT CALENDAR It was moved by Councilman Barb, seconded by Councilman Paul, and passed by the following vote to approve the Minutes: Adjourned Regular Meeting, September 23, 1986; and Regular Meeting, September 23, 1986. AYES: 4 Council Members: Cormack, Barb, Paul, Santangelo ABSTAIN: 1 Council Member: Boggs Temporary Closure of Margaret Street between Brookshire Av. and Patton Rd. Mayor Pro Tem Boggs recalled a past suggestion that the City no longer keep Margaret Street, and she inquired regarding the status. Mr. Ralph explained a thorough traffic count was made, which determined there was more traffic than anticipated, and although it may be temporary due to a change in parking during construction at the hospital, the issue has been dropped and will be considered in approximately six months to a year. It was moved by Mayor Pro Tem Boggs, seconded by Councilman Cormack, and passed by unanimous vote to authorize the closure of Margaret Street between Brookshire Avenue and Patton Road on Saturday, October 25, 1986, between 6:00 a.m. and 6:00 p.m. by the issuance of an encroachment permit effecting such closure. ORDINANCES Ordinance regulating Vendors on Public Streets Mr. Newton explained the section involved in the proposed amendment has been the subject of litigation and is continuing, in which Mr. Barrera challenged the amendment of this section. The City has prevailed in the portion of litigation on the preliminary injunction sought against implementation of the Council Minutes 10/14/86 -4- Ordinance, and the Court determined the amendment to the Ordinance was within the power of the City to accomplish. Matters of declaratory relief and permanent injunction are still pending. The proposed Ordinance contains modification to the Ordinance, which if approved by the Council according to communication received from Mr. Barrera's attorney, would result a dismissal of the lawsuit. Mr. Newton commented on the primary changes to the Ordinance which would change the 1,000 foot limitation upon sales in park areas to one block but not less than 300 feet; the time of sales to be permitted would be seven days a week rather than presently stated in the Ordinance. Also, to eliminate any ambiguity, it has been suggested changing the hours of operation to "from 9:00 a.m. to sunset," which is an ascertainable time. Councilman Barb indicated he has been contacted by a number of people regarding this matter, and he has not seen a copy of the proposed Ordinance. He objected to discussing a matter of potential litigation and potential cost to the City in a public meeting. If this is discussed, he asked that it not involve the content of the Ordinance, the negotiations of the litigation, or any specifics involving the Ordinance. It was moved by Councilman Barb and seconded by Councilman Cormack that this matter not be discussed as an Agenda item at this time. Councilman Barb asked the City Attorney if it is wise to discuss a matter of litigation at a public meeting in front of the opposition. Mr. Newton replied that if proposed amendments to the Ordinance are dis- cussed by the Council at a public meeting and it is determined to not modify the Ordinance, the discussion would be available as a basis for argument by the opposition in subsequent proceedings before the Court, and there could be some prejudice resulting to the position of the City if it determines to maintain the Ordinance in its present form. Councilman Paul said discussions have taken place on the Ordinance and no action has been taken. The proposed amendment is the result of the discussions, and he feels the issue has to be addressed. Councilman Barb mentioned the Ordinance was enacted under tremendous pressure from the community because people were concerned about the large number of young people in Southern California that have been killed by vehicles when buying ice cream in the street. It was challenged and stood its first test in court, and the Council should stand by what it enacted. It was moved by Councilman Cormack, seconded by Councilman Barb, and passed by the following vote to place this issue on the table. AYES: 3 Council Members: Boggs, Cormack, Barb NOES: 2 Council Members: Paul, Santangelo RESOLUTIONS: None ADMINISTRATIVE REPORTS Mr. Cutts gave a Report on the Elm Vista Drive Task Force, which was established last January and focused on coordinating the functions of various City departments and property owners to correct problems of sub -standard pro- perty maintenance, Municipal Code violations, inadequate street lighting, missing sidewalks, illegal vehicular parking, and a significant level of criminal activity. All but one of the owners have complied in bringing their property up to Code. Another area identified for future projects of this nature is on Cheyenne Avenue between Paramount Boulevard and Downey Avenue. Mr. Velasco narrated a slide presentation of Elm Vista Drive before and after the improvements. Mr. Dan Keene credited Mayor Pro Tem Boggs for this project and named City staff members who assisted in the program. It was moved by Mayor Pro Tem Boggs, seconded by Councilman Cormack, and passed by unanimous vote to continue to support this approach to neighborhood preservation by forming a task force for Cheyenne Avenue; and the organizing of a ceremony of recognizing the preservation and beautification efforts of Elm Vista residents and property owners to be held in conjunction with the planting of street trees. Council Minutes 10/14/86 -5- �a to Mayor Santangelo declared a recess from 9:08 p.m. to 9:16 p.m. The meeting resumed with all Council Members present. OTHER BUSINESS - Staff Members Mr. Davis mentioned that in conjunction with the City's 30th Anniversary, next Saturday will be a breakfast honoring past Mayors and then an open house, and he invited everyone to attend the open house. He also noted the Battle of Badges football game scheduled for Saturday, October 25th, with the proceeds going to the Cancer Society. OTHER BUSINESS - City Council Councilman Cormack proposed recognition of TV announcer Dave Lopez, who resides in the City, is a good family man, and is active in the local "Y." Referred to staff. Mayor Pro Tem Boggs mentioned she has distributed copies of a petition regarding homes on the I-105 Freeway, which staff is looking into. As the Freeway progresses she will be seeking support from the Council regarding some situations with Caltrans. She also thanked staff for its prompt response to this matter. Mayor Pro Tem Boggs has attended an earthquake preparedness meeting, and she asked staff to check into whether the glass at City Hall would hold up under an explosion or earthquake. Mayor Pro Tem Boggs has received a complaint about the $2.00 charge per student per day to use the Downey High School swimming pool, which appears to be excessive, and she requested a report from staff on this matter. Noting the recent air disaster incident in Cerritos, which is a contract city, and the prompt emergency response it received, Mayor Pro Tem Boggs ques- tioned what independent cities have arranged in the event of a similar disaster. Mayor Pro Tem Boggs commented regarding recent correspondence requesting the City to take a position on Proposition J, and she asked that something be prepared for the next Council Meeting. Mayor Pro Tem Boggs requested staff to prepare a plaque for presentation at the dinner honoring Dr. Michaels on his retirement from Cerritos College. Mayor Pro Tem Boggs suggested the Downey Theatre Foundation be included at the next recognition dinner for retiring board and commission members. Councilman Barb cited the need for a soundwall on the Santa Ana Freeway south of Florence Avenue near Dollison Drive and Fairford Avenue, and mentioned Downey's Assemblyman has attempted to carry legislation to pay for a new sound wall, which was not successful. It is hoped to try again this year. Councilman Barb suggested the City construct the soundwall once funds are available from the State rather than waiting for Caltrans, and he would like the Director of Public Works to bring back a report regarding the engineering costs, how long it would take to complete the engineering, what the construction costs would be, and length of time to complete construction. Councilman Cormack feels this is an instance where a lobbyist could help in getting funds, and for the small fee involved, Downey would come out way ahead. There being no objections, Mr. Ralph was asked to bring back a report on the costs. Councilman Barb expressed an interest in further discussing the Ordinance --- regulating vendors on Public Streets, indicating he would like to see this matter solved and get something on the books to protect children. He suggested the Council meet again in closed session following the meeting to discuss this matter. There were no objections. Councilman Paul mentioned he had the opportunity to address the Downey High School PTA regarding the DARE Program and has received a contribution from the Squtheast District Bar Association, which he presented to Councilman Barb, as liaison. Council Minutes 10/14/86 -6- Councilman Paul concurred with the need for a lobbyist and noted the benefits of grants and assistance another city received from its lobbyist, which far exceeded what he was paid. He requested that information be brought back to the Council for consideration. Officer Jody Barb, of the Downey Police Department, introduced a film on the DARE Program, which was furnished by the Downey Police Department, and she commented on her involvement as an instructor at five Downey elementary schools. She invited the Council Members to attend any of her classes. A film was then shown on the DARE Program. CLOSED SESSION Mayor Santangelo announced the Council is recessing to closed session for the purpose of discussing attorney -client communications and pending litigation pursuant to the provisions of Section 54956.9 - Government Code, Subdivision (a), as follows: Barrera vs. City of Downey. The meeting was then recessed to closed session from 9:47 p.m. to 10:40 p.m. and resumed with all Council Members present. Mayor Santangelo stated the Ordinance regarding Regulation of Vendors on Public Streets has been referred to the City Attorney. ADJOURNMENT: 10:41 p.m. The meeting was adjourned to 6:30 p.m., October 28, 1986, in the Council Chamber of Downey City Hall. J a oo epUty City Clerk -Treasurer es antange o, mayor