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HomeMy WebLinkAboutMinutes-11-10-86-Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING NOVEMBER 10, 1986 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Closed sssion re personnel & potential litigation 1 Civil Disaster Awards to Dave Buhler & Ray Welton, members of Downey Amateur Radio Club 1 Res. #4821, Ord. Vacation of 10 ft. portion of New St. Adopted 1 Application for massage technician permit of Kim Lien Miller Hrg. cont'd. to 11/25 2 John Gonzalez re District Attorney letter; nomination to the Cemetery Board; & memo on ground transportation to and from LAX 2 Lennie Whittington re temporary closure of Margaret St. 2 Lennie Whittington re invitation -only breakfast at City Hall 2 Removal of item from Consent Calendar 2 Minutes: Adj. Reg. Mtg., Oct. 28, 1986; & Reg. Mtg., Oct. 28, 1986 Approved 2 Legal Claims for Rejection: #817, Peters; #820, Shipman; & #824, Faiz Rejected 2 General Warrants: #19249 - 19720 Approved 3 Utility Agmt. #7 UT-10-347, Sewer Relocation I-105 Fwy., Barlin Av. to Lakewood Bl.: Auth. Mayor to execute & appropriate funds Approved 3 Revised Planning Comm. By -Laws Approved 3 Cardono Square - 8255 Firestone Bl. Hearing set for 7:15 p.m., Nov. 25 3 Res. #4822, Apprvg. Apptmt. of Thomas J. White, Jr., to Personnel Adv. Bd., Dist. 2 Adopted 3 Res. #4823, Rescinding Res. #4545 & Est. policy for Destruction of Certain Obsolete Records (Police Dept.) Adopted 3 Ord. #838, re Zone Change #232 (12808 Woodruff) Adopted 3 Ord. re Regulation of Vendors - Public Streets Cont'd. to next meeting 3 Santa Ana Fwy.(I-5) Soundwall along Dollison Dr. & Closure of Dollison Dr. On -Ramp: Enter into Agmt. w/consultant selected by Norwalk & Downey staff w/funding determined when estimate available & direct Caltrans that Downey supports closing of on -ramp Approved 3 Possible Financing of Sidewalk Maintenance Program Cont'd. to next meeting 4 Downey Museum of Art Air Conditioning Postponed for 30 days 4 Page 1 of 2 COUNCIL MINUTES, NOVEMBER 10, 1986 (adj.) TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT Commercial Refuse Collection Permittee: Request for license (Mr. Mendoza) Graffiti Removal Hotline Service Swimming Pool Agreement bet. Downey Unified School Dist. & City of Downey City Manager conducting open door policy one night per month Cn. Paul complimented Downey Symphony performance Cn. Paul re need for lobbiest Pro -active Code Enforcement program: Commence immediately Mayor Pro Tem Boggs re more stringent controls to prevent future mid -air collisions Mayor Pro Tem Boggs re removal of vacant homes in I-105 Freeway corridor Meeting adjourned to 6:30 p.m., November 25, 1986, for closed session ACTION PAGE NO. Denied 5 Received & filed 5 Approved 5 Approved 6 6 6 Approved 6 C 5 8 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING NOVEMBER 10, 1986 The City Council of the City of Downey held an adjourned regular meeting at 6:30 p.m., November 10, 1986, in the Council Chamber of the Downey City Hall, Mayor Pro Tem Diane P. Boggs presiding. PRESENT: Council Members: Diane P. Boggs Mayor Pro Tem Robert G. Cormack Randall R. Barb Roy L. Paul ABSENT: James S. Santangelo Mayor (excused) ALSO PRESENT: Don Davis, City Manager Carl K. Newton, City Attorney Robert L. Shand, interim 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 Jake Wager, Redevelopment Manager Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Judy McDonnell, Executive Secretary Mayor Pro Tem Boggs announced the Council is recessing to closed session for the purpose of discussing matters of personnel and potential litigation. The meeting was then recessed to closed session from 6:40 p.m, to 7:20 p.m. Following the Community Development Commission Meeting, the Council Meeting resumed at 7:44 p.m. with Council Members Cormack, Barb, Paul, Boggs present; Mayor Santangelo was excused. PRESENTATIONS Mayor Pro Tem Boggs presented Civil Disaster Awards to Dave Buhler and Ray Welton, members of the Downey Amateur Radio Club. HEARINGS Mayor Pro Tem Boggs opened the hearing on Vacation No. 149, Southerly 10.00 feet of New Street. She inquired if the interim City Clerk had the Affidavit of Posting of Notice, and the response was yes. Mr. Ralph reported this is the ten feet adjacent to the Cardono development and in the setback of the existing building. Mayor Pro Tem Boggs inquired if the interim City Clerk had received any correspondence, and the response was no. There being no one present to speak in opposition or in favor, it was moved by Councilman Barb, seconded by Councilman Paul, and so ordered to close the hearing. RESOLUTION NO. 4821 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE VACATION OF 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 Council Minutes 11/10/86 (adj.) -1- sw;�, The Resolution was read by title only. It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Cormack, Barb, Paul, Boggs ABSENT: 1 Council Member: Santangelo Mayor Pro Tem Boggs opened the hearing to determine whether the application for massage technician permit of Kim Lien Miller should be allowed. She said a letter has been received from the appellant's attorney requesting continuation of the hearing to the meeting of November 25th. Mr. Newton questioned whether it was known at the time the notice of hear- ing was mailed that Mr. Steven Herbert represented the applicant. The response was that the notice of hearing was mailed to the applicant since the attorney's address was not shown on the appeal letter. He then raised concern that reasonable steps were not taken to consult the phone book as to the attorney's address since he did sign the appeal filed on October loth. He suggested the hearing be continued as requested. It was moved by Councilman Paul, seconded by Councilman Cormack, and passed by the following vote to continue the hearing to 7:30 p.m., November 25, 1986, in the Council Chamber of Downey City Hall. AYES: 4 Council Members: Cormack, Barb, Paul, Boggs ABSENT: 1 Council Member: Santangelo ORAL COMMUNICATIONS - Items not on Agenda Mr. John Gonzalez, 12350 Orizaba, clarified a situation involving a letter from District Attorney Lapin to Councilman Paul. He also referred to a letter dated August 22, 1984, from Mayor Randall Barb to Supervisor Schabarum regarding nomination to the Cemetery Board, and a memo dated October 10, 1984, on Ground Transportation to and from LAX, copies of which were submitted to the Council. Mayor Pro Tem Boggs declared a recess from 8:00 p.m. to 8:05 p.m. The meeting resumed with Council Members Cormack, Barb, Paul, Boggs present; Mayor Santangelo was excused. Mr. Lennie Whittington, 8542 Manatee, referred to action of the Council regarding temporary closure of Margaret Street for a one day health fair and noted at that time a question was raised by Mayor Pro Tem Boggs concerning status of a request to close the street and donate it to the Hospital. He mentioned that approximately two years ago the matter came up, which was pro- perly noticed to citizens in the district, and the citizens opposed it. Also, the Traffic Committee and Planning Commission voted against closure of Margaret Street, and he recalled there was a tie vote of the Council. He hopes when it is brought back again that it will be properly noticed to the citizens. Mr. Whittington commented on an invitation -only breakfast held in City Hall on October 18th, and he understands other citizens attempted to attend the func- tion but were escorted out since they were not invited. Also, at that time resolutions and proclamations were received from public officials, which he feels is City business, and there was no public notice posted or published announcing the meeting. Mr. Whittington does not feel that City Hall facili- ties should be used for functions of selected guests only and that any citizen or the press has a right to be present and observe. He questioned whether the event would be a violation of the Brown Act. CONSENT CALENDAR Agenda Item VIII-F-2, Swimming Pool Agreement, was removed at the request of Mayor Pro Tem Boggs. It was moved by Councilman Cormack, seconded by Councilman Paul, and passed by the following vote to approve the Consent Calendar: Minutes: Adjourned Regular Meeting of October 28, 1986; and Regular Meeting of October 28, 1986. Legal Claims for Rejection: Ref. 1817, Loycel Peters; Ref. t820, JoAnn Shipman; and Ref., #824, Sonya and Zareen Faiz. Council Minutes 11/10/86 (adj.) -2- General Warrants: #19249 - 19720, $3,562,445.63. Utility Agreement No. 7 UT-10-347, Sewer Relocation I-105 Freeway - Barlin Avenue to Lakewood Boulevard: Approve, authorize the Mayor to execute, and appropriate funds in the amount of $1,500 from the unappropriated Sewer Fund balance to Account No. 72-13990 for use on this project. Revised Planning Commission By -Laws: Approve as outlined in Planning Commission Resolution No. 970. Cardono Square - 8255 Firestone Boulevard: Set hearing for 7:15 p.m., November 25, 1986, in the Council Chamber of Downey City Hall. RESOLUTION NO. 4822 A RESOLUTION OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MR. THOMAS J. WHITE, JR., AS A MEMBER OF THE PERSONNEL ADVISORY BOARD FROM COUNCILMANIC DISTRICT TWO RESOLUTION NO. 4823 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING RESOLUTION NO. 4545 AND ESTABLISHING A POLICY FOR DESTRUCTION OF CERTAIN OBSOLETE RECORDS (Police Department) AYES: 4 Council Members: Cormack, Barb, Paul, Boggs ABSENT: 1 Council Member: Santangelo ORDINANCES ORDINANCE NO. 838 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. 232 (12808 Woodruff Avenue) The Ordinance was read by title only. It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Cormack, Barb, Paul, Boggs ABSENT: 1 Council Member: Santangelo ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, RELATING TO THE REGULATION OF VENDORS ON PUBLIC STREETS It was moved by Councilman Paul, seconded by Councilman Cormack, and so ordered to continue the Ordinance to the next meeting since Mayor Santangelo is not present and has expressed an interest in this matter. RESOLUTIONS: None ADMINISTRATIVE REPORTS Santa Ana Freeway (I-5) Soundwall along Dollison Drive and Closure of Dollison Drive On -Ramp Mr. Ralph said a request for soundwall has been received, and in the event Council directs staff to proceed with negotiations for engineering with the City of Norwalk, staff would be involved in the decision to select a consultant. Mr. Henriksen narrated a slide presentation of existing soundwalls and responded to questions regarding the type of soundwall proposed for the Dollison Drive area. It was noted the soundwall would be of a type that could be moved for eventual widening of the Santa Ana Freeway. Council Minutes 11/10/86 (adj.) -3- Councilman Cormack indicated he would like further information at a later date concerning the soundwall construction. Councilman Barb pointed out that installing a soundwall compatible with future widening of the Santa Ana Freeway should alleviate any concern of the State for funding the project. He feels that to prepare plans and work with the City of Norwalk is an obvious indication to the State that the City is serious about the project. Councilman Barb also mentioned the Dollison Drive on -ramp to the Santa Ana Freeway is only accessible through a residential neighborhood, and there are ramps on Florence and the 605 Freeway which give access to the I-5. It has been agreed the ramp on Dollison should be closed, which could be included in the soundwall project. It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by the following vote to enter into an agreement with the consultant selected by the City of Norwalk and Downey staff, with the funding to be determined when the estimated cost is available, and direct Caltrans that Downey would support the closing of the on -ramp. AYES: 4 Council Members: Cormack, Barb, Paul, Boggs ABSENT: 1 Council Member: Santangelo Possible Financing of Sidewalk Maintenance Program Councilman Paul recognized the need for sidewalk maintenance but questioned assessing people since there is a large number on fixed incomes. He is opposed to the option of another assessment district but is not opposed to looking at other alternatives for funding. Councilman Cormack mentioned this would be taxing people in residential areas who do not have sidewalks. Councilman Barb is concerned the City continues to have a serious sidewalk problem, and there are situations where the City does not have the funds to repair them. By not correcting the problems, the assessment to the taxpayers in liability claims will be higher than the $3.50 proposed. He favors directing staff to establish a conceptual program for review by the Council. Mayor Pro Tem Boggs discussed the serious sidewalk liability problem in the community and said staff is expected to limit the City's liability exposure as much as it can. She does not oppose $3.50 a year for this purpose. She also noted that with the absence of Mayor Santantelo, she would request this matter be continued to the next meeting and that staff work on information requested by Councilman Barb. So ordered. Councilman Paul said if this goes to a vote he will oppose it based on the concept of taxing people because he feels that is what property taxes are for. Downey Museum of Art Air Conditioning Mr. Ralph said staff has looked at several possibilities for air condition- ing and noted there is some used equipment which has been stored, inspected, and found to be in good condition. It appears the most reasonable solution would be to refurbish the equipment and install it with ducting, which could be done for under $8,000. Councilman Cormack feels this is a good approach and asked if anything is being done to provide a location for the Downey Art League. The response was no. Mayor Pro Tem Boggs asked staff to look into this in the near future. Councilman Barb pointed out the City has provided at no charge a place for cultural activities, which is not air conditioned. He believes the Art Museum should pay for the air conditioning, and he will vote against contributing $8,000 that has not been budgeted. It was moved by Councilman Paul and seconded by Mayor Pro Tem Boggs that the air conditioning be installed with surplus equipment, and appropriate $7,950 from the Cultural Arts Fund. Council Minutes 11/10/86 (adj.) -4- Mr. Jarrett responded to questions regarding the funding. Councilman Barb requested looking at other City facilities to see if they are air conditioned. He also suggested the Downey Art League could use the Art Museum facility. It was moved by Councilman Cormack, seconded by Councilman Barb, and passed by the following vote to postpone action on the motion for approximately 30 days for an opportunity to see what can be worked out fairly for the organizations. Joyce Lawrence, 9627 Cheddar, noted a point of historical interest that between 1960 and 1962 the building was donated as an art museum. Councilman Cormack indicated he has received different information. Mayor Pro Tem Boggs asked that this information be reviewed and also be brought back in 30 days. AYES: 3 Council Members: Cormack, Barb, Boggs NOES: 1 Council Member: Paul ABSENT: 1 Council Member: Santangelo Commercial Refuse Collection Permittee Mr. Ralph commented that a previous Council took a position of attempting to limit the number of refuse collectors in the City for the purpose of gaining better control. In addition, staff was instructed to come back with an Ordinance, which would eventually put commercial refuse collection under single franchise and provide five years for existing businesses to conclude their activities in the City. The Ordinance for a franchise will be brought to Council within the next two meetings, and it would not come into effect for five years to allow the existing haulers to relocate their business. Mr. Newton explained that by State law, which imposes the five year limitation, the City cannot, by adoption of a sole provider ordinance, cut off those businesses which are established within the City and operating at the time the Ordinance goes into effect, until the five-year period expires. Mr. John Hardy, 13305 Penn Street, Whittier, representing Mr Mendoza, urged the Council to approve granting Mr. Mendoza his license but does favor a franchise as the proper way to handle this matter in the future. He mentioned this is a hardship situation, wherein Mr. Mendoza has been doing business in the City since March 28, 1985, under what he thought was a valid rubbish hauling license, and Council approval is requested to have the Public Works Department issue the license so that Mr. Mendoza is not in violation. It was moved by Councilman Barb, seconded by Mayor Pro Tem Boggs, and passed by the following vote to deny the request. AYES: 3 Council Members: Cormack, Barb, Boggs NOES: 1 Council Member: Paul ABSENT: 1 Council Member: Santangelo Graffiti Removal Hotline Service Mr. Cutts explained that in January the Council approved the first phase of a project to attack graffiti in the City, and a graffiti removal company was employed in March. Graffiti was removed from 116 locations, and at this time there have only been two incidents of reports on graffiti reoccurance. It is time to establish a new phase of the program of a telephone hotline answering service to operate during the evening hours and announce the telephone number as (213) 923-4484. It was moved by Councilman Cormack and so ordered to receive and file. ITEMS REMOVED FROM CONSENT CALENDAR Swimming Pool Agreement between Downey Unified School District and City of Downey Mayor Pro Tem Boggs commented regarding the $2.00 per student per day fee charged by the Downey Unified School District for use of the pool, and she does not see a need to build the pool if the community cannot afford to use it. She Council Minutes 11/10/86 (adj.) -5- \ZZ requested the record to reflect that no excessive fees shall be charged to the community for use of the pool. It was moved by Mayor Pro Tem Boggs, seconded by Councilman Cormack, and passed by the following vote to approve the Agreement. AYES: 4 Council Members: Cormack, Barb, Paul, Boggs ABSENT: 1 Council Member: Santangelo OTHER BUSINESS - Staff Members: None OTHER BUSINESS - City Council Councilman Cormack asked the Council Members for their opinion regarding City Manager conducting Open Door Policy one night a month. Councilmen Paul and Barb both concurred. Mayor Pro Tem Boggs also agreed and requested Mr. Davis to proceed. Mr. Davis indicated he would come back with a format. Councilman Paul complimented the Downey Symphony performance last weekend. He then pointed out the need for a lobbiest, which has been evident at almost every meeting. He requested strong consideration be given when it comes back to the Council. Councilman Barb discussed the City's responsibility to enforce the Munici- pal Codes and mentioned discussions have been held about conducting pro -active Code enforcement. He also referred to the program where the Fire Department goes out and inspects fire hydrants and then inspects the entire block and turns slips in to Code Enforcement. He requested a copy of those slips for the past six months and favored commencing with a pro -active Code enforcement program. Mr. Cutts said the Fire Department is still conducting hydrant inspections, and it is intended to commence the pro -active enforcement after considering the hiring of two additional Code Enforcement Officers. Following discussion, it was moved by Councilman Barb and seconded by Councilman Cormack to immediately transfer one Code Enforcement Officer and a second one whenever possible to do pro -active Code enforcement. Mr. Cutts said this would necessitate a change in the program established at this time, which is ready to go forward and will involve using four Code Enforcement Officers in order to do a pro -active program. Mayor Pro Tem Boggs recessed the meeting to closed session from 9:12 p.m. to 9:21 p.m. for the purpose of discussing a personnel matter. The meeting resumed with Council Members Cormack, Barb, Paul, Boggs present; Mayor Santangelo was excused. An amendment to the motion was made by Councilman Paul, seconded by Councilman Cormack, and passed by the following vote that the pro -active Code enforcement program commence immediately. AYES: 4 Council Members: Cormack, Barb, Paul, Boggs ABSENT: 1 Council Member: Santangelo The original motion, as amended, was then passed by the following vote: AYES: 4 Council Members: Cormack, Barb, Paul, Boggs ABSENT: 1 Council Member: Santangelo Mayor Pro Tem Boggs mentioned the City of Cerritos is seeking support for more stringent controls to prevent mid -air collisions in the future and she asked staff to look at the Cerritos document and bring something back for Council endorsement. Mayor Pro Tem Boggs reported that the vacant homes in the Freeway corridor have been determined too expensive to rehabilitate, and Caltrans has indicated the homes will be will be removed in approximately 30 days. She extended her appreciation to Mr. Ralph and Mr. Cutts for their help on this problem. Council Minutes 11/10/86 (adj.) -6- vim ADJOURNMENT: 9:25 p.m. The meeting was adjourned to 6:30 p.m., November 25, 1986, in the Council Chamber of Downey City Hall, for closed session. Robert L. Shan , City'Clerk—Treasurer Diane . Boggs, mayor ro Tem Council Minutes 11/10/86 (adj.) -7-