Loading...
HomeMy WebLinkAboutMinutes-12-09-86-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 9, 1986 TABLE OF MINUTE ACTIONS SUBJECT ACTION Res. #4827, Apprvg. Second Amndmt. to Disposition & Development Agmt. (Cardono) Adopted Dr. Gary McCaughan re year-end report of Keep Downey Beautiful Comm. Proclamation re Dec. 14-20 as Drunk & Drugged Driving Awareness Week Proclamation decl. Dec. 8-15 Bill of Rights Week Presentation of proceeds from Battle of Badges Football Game to American Cancer Society John Gonzalez re 1974 re -roofing of his home Grace Horney re problem - I-105 Freeway const. Lennie Whittington question re conflict of interest to loan redevelopment funds to member of PAC Lennie Whittington re enforcement of Downey Municipal Code Ken Miller re suggestion of future provision in DDA°s Removal of Items from Consent Calendar Corres. from Gallatin PTA re need for better traffic control on Brookshire Av. bet. Florence Av. & Gallatin Rd. Rejection of Legal Claims: Ref. #832 - Towell; & Ref. #833 - Bodnar CC #540, Tree Trimming - Rio Hondo Golf Course: Auth. transfer of funds & grant authority to advertise for bids CC #534, Apollo Parking Facility: Plans, specs & auth. to advertise for bids General Warrants: #25109 - 25475 1985-86 Financial Report Annual Redevelopment Housing & Finance Report: Receive & file, auth. staff to execute documts. as req. & forward to State agencies Zone Change #233, 8317-19-25-27-29-31-14-16-22- 24-30-32 La Villa St. Transit Program Staffing Adjustmt.: Auth. addn. of one full-time transit driver Appeal, Zone Variance #473, 8361 Fifth St. Compl. of Public Imprvmts. Phase for Firestone Demonstration Proj.: Accept public imprvmts. & increase in contract w/Damon Const. Ref. to Traffic Comm. Rejected Approved Approved Approved Received & filed Approved Hearing set Dec. 22 Approved Hearing set Dec. 22 Approved PAGE NO. 3 3 3 3 3 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 y Page 1 of 2 COUNCIL MINUTES, DECEMBER 9, 1986 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #4828, Affirming Denial of Massage Permit Adopted 5 Res. #4829, Appointing Rep. to Bd. Trustees of SE Mosquito Abatement Dist. Adopted 5 Res. #4830, Apprvg. Participation of City of Alhambra in ICRMA Capitalized Pooled Liability Self -Insurance Program & Auth. Execution & Delivery of a Purchase Agmt. & an Official Stmt. Adopted 5 Appl. of Safety film to Civic Center Glass Postponed to later mtg. 5 Ord. re Regulation of Vendors on Public Streets Cont'd. to last mtg. in January 5 Res. setting Fees for Handling Hazardous Materials Withdrawn from Agenda 5 Agmt. for Design of Soundwall - Santa Ana Fwy. & Dollison Dr.: Auth. Mayor to execute & transfer of funds Approved 5 CAL -ID User Agmt. for 1987 f/State Computerized Fingerprint Filing System: Auth. City Mgr. to sign; allocate funds; & commit to continued participation in program Approved 6 Cn. Cormack re Christmas banners & decorations in Downtown area & Civic Cntr. 6 Cn. Cormack req. investigation of uses of Wilderness Park & possible open air theatre 6 Cn. Cormack re status of plans for Bicentennial of Constitution 6 Mayor Pro Tem Boggs re Downey Christmas Parade 6 Mayor Pro Tem Boggs re Pro -active Code Enforce- ment & suggested campaign to advise people To be discussed by staff 6 Mayor Santangelo re unsightly bldg. & vehicles in 12300 block of Parrot Av. 6 Cn. Cormack commended staff on median const. 7 Closed session re personnel matter 7 Meeting adjourned to 6:30 p.m., Dec. 22, 1986 7 Page 2 of 2 6isb MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 9, 1986 The City Council of the City of Downey held a regular meeting at 7:38 p.m., December 9, 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 Mark Huebsch, Special Counsel 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 Robert Brace, Civil Engineer William Makshanoff, Building Official Ed Velasco, Manager of Housing Jake Wager, Manager of Redevelopment Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Judy McDonnell, Executive Secretary HEARINGS The following hearing was held jointly with the Community Development Commission. Mayor/Chairman Santangelo announced that this is the time for consideration of the request for reimbursement of public improvements at 8255 Firestone Boulevard and stated the joint public hearing of the Commission and City Council was conducted and closed on November 25, 1986. Mr. Cutts reported on the issues raised which included public improvements and request that the water meters be removed. He said the standard procedure is that the developer would remove the water meter and provide concrete patch, but in this case it was desire of the developer to not only remove the water meters and provide patch but also to remove portions of the sidewalk and replace with new sidewalks. Public Works reviewed condition of the existing sidewalks and determined their replacement was not necessary. Mr. Cutts noted a requirement in the DDA that the building valuation be $5 million and said as of December 4th the building valuation on permits taken out is $2 million, which falls short of the $5 million. it is staff's opinion the items requested" by the developer for public improvements on Firestone and Downey Avenue were not covered in the DDA or in the scope of development and the Commission is not responsible for the public improvements. It was moved by Councilman Cormack and seconded by Councilman Paul to honor the agreement and make the payment. Councilman Paul questioned whether the provision for offsite improvements contained in the 1979 agreement may have led the developer to believe the improvements were necessary. Mr. Cutts explained contact was made with the developer informing him it was not staff's desire to replace curb, gutter and sidewalk and that the provi- sion was contained in an earlier agreement. Councilman Paul noted in the memo to the Commission it was stated the improvements provided benefit to the City and to the project, and he asked Mr. Cutts if that is correct. Council Minutes 12/9/86 -1- 5,�3`� Mr. Cutts replied yes. Councilman Barb questioned the length of time it was known that public improvements were not part of the existing DDA, and Mr. Cutts replied it was discussed before the improvements were constructed. Mr. Newton was asked by Councilman Barb if, in his opinion, the City were to pay Mr. Cardono for the improvements, would it be in danger of giving a gift of public funds if were not for the hearing tonight, and he replied the purpose of the hearing is to consider amendment to the DDA, which provides for compensa- tion to be paid in accordance with the intent of the motion. He was also asked if it is his opinion the original agreement did not require the City of Downey to pay for those public improvements, and he replied yes, that is his opinion. Mr. Huebsch shared the opinion of Mr. Newton. Councilman Barb commented on revision of the original agreement, which reduced the size of the building, increased the City's up -front contribution, and relieved the City of the requirement for public improvements and noted certain benefits received by Mr. Cardono per the amended agreement. He said Mr. Cardono participated in the negotiations and agreed to not require the City to pay for the improvements. He participated in conversations during negotiations with Mr. Cardono and does not see how the Commission can consider providing that kind of funding at this time. Mayor Pro Tem Boggs said based on the opinion of the City Attorney, the redevelopment attorney, and City staff that the public improvements are not included in the actual DDA in effect covering development of this project, she cannot support payment of the public improvements or amendment to the DDA. Councilman Paul believes Mr. Cardono should be paid because there is an ambiguity which is not clear to anyone. The improvements are of benefit to the City and no one has questioned whether the amount involved is unreasonable. Councilman Cormack referred to the material presented, attachment 3, paragraph 22, which states "the Commission shall remove and replace existing sidewalks according to City design and specifications." He said nowhere else in the document does it say it is superseded or deleted. Mayor Santangelo does not feel the City should place imposition on a person who has made such a major improvement to the community, and based on language in the agreement that is contradictory, the City should go forward and meet its obligation. Discussion followed. Mr. Cutts noted a blank amount in the Second Amendment, first page, Para- graph No. 1, should read $30,000. It was moved by Councilman Cormack to insert the amount of "$30,000 within 60 days." RESOLUTION NO. 179 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY APPROVING A SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT The Resolution was read by title only. It was moved by Commissioner Cormack, seconded by Commissioner Paul, and passed by the following vote to waive further reading and to adopt. It was moved by Commissioner Barb and seconded by Vice -Chairman Boggs to amend the Second Amendment, Page 1, Section 1, fifth line, by striking the word- ing after the word "completed." Commisioner Barb said he is not willing to vote for an agreement that Mr. Cardono has completed all of the requirements because he does not think there is a $5 million building. As an alternative to the motion, he suggested adding words to the end of the paragraph "with exception to the valuation of the building." Commissioner Cormack recommended against the amendment. Council Minutes 12/9/86 -2- Mr. Cutts was asked if all the items enumerated in Exhibit "A" have been completed, and he replied yes, to his knowledge. Mr. Huebsch stated the effect of the language by striking the second clause is that payment could be made 60 days after determination is made the improve- ments have been completed. The motion and second to amend the Second Amendment were withdrawn. Roll call vote to adopt the Resolution: AYES: 3 Commissioners: Cormack, Paul, Santangelo NOES: 2 Commissioners: Boggs, Barb RESOLUTION NO. 4827 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT The Resolution 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 adopt. AYES: 3 Council Members: Cormack, Paul, Santangelo NOES: 2 Council Members: Boggs, Barb Following further discussion, it was moved by Commissioner Paul, seconded by Commissioner Cormack, and passed by the following vote that the City pay within 60 days the sum of $30,000 for improvements which have been completed. AYES: 3 Commissioners: Cormack, Paul, Santangelo NOES: 2 Commissioners: Boggs, Barb Mayor Santangelo declared a recess from 8:05 p.m. to 8:42 p.m. The meeting resumed with all Council Members present. PRESENTATIONS Dr. Gary McCaughan, President of Keep Downey Beautiful Committee, asked the Committee members present in the audience to stand and be recognized at this time. He then gave a year-end report of the organization involving graffiti removal at 116 locations; park projects of tree planting, reburbishing benches and playground equipment; recycling program and essay contest in the schools; Imperial Highway beautification project; bus shelters and trash recepticles at bus stops; the business and residential beautification awards program; and the formation of a spring -time clean-up program. He expressed hope for including Firestone Boulevard in the landscaping maintenance program, continuation of the concept of the City entrance signs and delving into the Code enforcement program. Dr. McCaughan then recognized the Council, Downey Chamber of Commerce, and 7-Up Bottling Company for their support of KDB and its projects. Dr. McCaughan introduced Mr. Don Coppersmith, Vice -President and General Manager of 7-Up and RC of Los Angeles, who presented a first place award of a $1,000 check to Downey for its participation and outstanding performance in Keep America Beautiful programs. Dr. McCaughan specifically recognized Laura Nash, Administrative Assistant in the Community Development, for her work on KDB projects. Mayor Santangelo read a Proclamation declaring December 14-20 as Drunk and Drugged Driving Awareness Week. Mayor Santangelo presented to Mr. Bob Bussler of Coast Federal Savings, a Proclamation declaring December 8-15 as Bill of Rights Week. Proceeds in the amount of $3,110 from the Battle of Badges Football Game were presented to Judy Crockett, President of the American Cancer Society, Long Beach Harbor, Southeast Unit, by Rick Piercy .of the Downey Police Department, and Brian Springer of the Downey Fire Department. Brian Springer mentioned the Battle of the Badges is played annually in tribute to the memory of Fire Captain Bill Aulich. Council Minutes 12/9/86 -3- ORAL COMMUNICATIONS - Items not on Agenda Mr. John Gonzalez, 12350 Orizaba, commented regarding his contacts with a roofing company in 1974 for the re -roofing of his home. Mrs. Grace Horney, 9102 Angell Street, discussed problems concerning the I-105 Freeway construction with regard to water turn-offs and behavior of the workers involved; rough paving of streets in the area, making it difficult for street sweepers to sweep; lack of fire hydrants in the cul-de-sac on Angell Street; disrepair of street paving and right-of-way that was dug up during recent installing of fire hydrants; and constant turning off and on of power. Councilman Cormack said the City of South Gate is almost ready to bring action against Caltrans because of its disregard for health and safety in the corridor. He suggested joining with South Gate on this matter. Mayor Santangelo asked the City Manager to meet with Mrs. Horney so that the City can correct the problems it has control over. He also requested the City Manager to contact South Gate and report back to the Council on each of the issues raised and their solution. Mr. Lennie Whittington, 8542 Manatee, inquired regarding status of research by the City Attorney on whether there is a conflict of interest to loan redevelopment funds to a member of PAC, an issue he raised at the meeting of November loth. Mr. Newton replied he did not research the matter but stated at that meeting, following his review, that there was no conflict of interest. Mr. Whittington expressed his feeling the Downey Municipal Code should be for everyone to abide by, and he mentioned that during construction at the Downey Community Hospital on December 3rd there was work performed all night, past 10:00 p.m. He was told by Hospital staff that they had permission from the City to keep construction going all night and was assured it was a one-time only situation, but on December 4th construction occurred again all night. He said Section 4600.2 of the Code prohibits use of power tool, machine or equipment in the R-1, R-2 or R-3 zone between the hours of 10.00 p.m. and 7:00 a.m, in such manner that the sounds disturb the people's comfort or welfare. Mr. Cutts will prepare a report for the Council on this matter. Mr. Ken Miller, 7336 Cleargrove Drive, referred to the Cardono Project and suggested in the future a provision be included in the DDA to provide that if it does not go on the tax roll at a particular value that there be a buy-out to make up the difference, and a further provision that if the property owner should appeal the decline in value, the City should also be notified. Mayor Santangelo declared a recess from 9:24 p.m. to 9:36 p.m. The meeting resumed with all Council Members present. CONSENT CALENDAR Agenda Item VI-F-B, City Hazardous Materials, was withdrawn from the Agenda. Agenda Item VI-F-2, Application of Safety Film to Civic Center Glass, was removed from the Agenda at the request of Councilan Barb. It was moved by Councilman Cormack, seconded by Councilman Barb, and passed by the following vote to approve Remainder of the Consent Calendar: Correspondence from Gallatin PTA regarding a need for better traffic control on Brookshire Avenue between Florence Avenue and Gallatin Road: Referred to the Traffic Committee. Rejection of Legal Claims: Ref. #832, Jerry, Diana, and Thomas Towell; and Ref. 1833, Alice Leona Bodnar. Cash Contract No. 540, Tree Trimming - Rio Hondo Golf Course: Authorize the transfer of funds from Golf Fund unappropriated reserves in the amount of $28,000 into Account No. 52-4-4420.0700 for use on this work, and grant authority to advertise for bids. Council Minutes 12/9/86 -4- Cash Contract No. 534, Apollo Parking Facility: Plans and specifications and grant authority to advertise for bids. General Warrants: #25109 - 25475, $1,492,637.93. 1985-86 Financial Report. Annual Redevelopment Housing and Finance Report: Receive and file, autho- rize staff to execute documents as required, and forward said documents to the appropriate State agencies. Zone Change Case No. 233, 8317-19-25-27-29-31-14-16-22-24-30-32 La Villa Street: Set hearing for 7:30 p.m., December 22, 1986, in the Council Chamber of Downey City Hall. Transit Program Staffing Adjustment: Authorize the addition of one full- time transit driver in the Community Services Department. Appeal, Zone Variance No. 473, 8361 Fifth Street: Set hearing for 7:30 p.m., December 22, 1986, in the Council Chamber of Downey City Hall. Completion of Public Improvements Phase for the Firestone Demonstration Project: Accept the public improvements associated with the Project and approve an increase in the contract with Damon Construction in the amount of $8,500. RESOLUTION NO. 4828 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AFFIRMING THE DENIAL OF A MASSAGE PERMIT RESOLUTION NO. 4829 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING A REPRESENTATIVE TO THE BOARD OF TRUSTEES OF THE SOUTHEAST MOSQUITO ABATEMENT DISTRICT RESOLUTION NO. 4830 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE PARTICIPATION OF THE CITY OF ALHAMBRA, CALIFORNIA IN THE ICRMA CAPITALIZED POOLED LIABILITY SELF-INSURANCE PROGRAM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AGREEMENT AND AN OFFICIAL STATEMENT AND CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH AYES: 5 Council Members: Boggs, Cormack, Barb, Paul, Santangelo At the request of Councilman Barb, it was so ordered to postpone Application of Safety Film to Civic Center Glass until a later meeting for discussion with the Director of Public Works. ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY RELATING TO REGULATION OF VENDORS ON PUBLIC STREETS The Ordinance was read by title only. It was moved by Councilman Paul, seconded by Councilman Cormack, and so ordered to continue the Ordinance to the last meeting in January, 1987. RESOLUTIONS The Resolution setting Fees for Handling Hazardous Materials was withdrawn from the Agenda. ADMINISTRATIVE REPORTS It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by the following vote to approve the Agreement for Design of Soundwall - Santa Ana Freeway and Dollison Drive; authorize the Mayor to execute same on behalf of Council Minutes 12/9/86 -5- the City; and authorize a transfer of $20,000 from the Unappropriated Gas Tax Fund Balance to Account No. 26-16410. Mayor Pro Tem Boggs supports the motion but feels this should be paid by Caltrans and hopes in the future attempt will be made to get reimbursed for the Gas Tax money the City is spending in this manner. Councilman Barb said it is not his intention that Downey pay for a Caltrans project out of the General Fund, or that Downey pay for the project. He be- lieves it is Caltrans' responsibility, but he hopes that by Downey fronting the funds for the study so that when when the plans, specifications and engineering are done construction can commence immediately after the State representatives are successful with the funding. AYES: 5 Council Members: Boggs, Cormack, Barb, Paul, Santangelo It was moved by Councilman Paul, seconded by Mayor Pro Tem Boggs, and passed by unanimous vote to authorize the City Manager to sign the CAL -ID User Agreement for 1987 for the State Computerized Fingerprint Filing System; allocate $16,321 from the unencumbered General Fund to fund the City's partici- pation in CAL -ID; and commit to continued participation in, and funding of, the CAL -ID program. OTHER BUSINESS - Staff Members: None OTHER BUSINESS - City Council Councilman Cormack thanked the Public Works Department on the Christmas banners and decorations in the Downtown area and Civic Center. Councilman Cormack asked the Council to consider having the Community Services Department investigate uses of Wilderness Park as a park, and he sug- gested the possibility of an open air theatre which would provide an opportunity for productions larger than the Downey Theatre a good portion of the year. Councilman Cormack inquired regarding status of plans for the Bicentennial of the Constitution and said he has noticed other organizations are beginning to make some plans. Mayor Pro Tem Boggs noted the Downey Christmas Parade was held Sunday, December 7th, and the youngest participant was the Mayor Santangelo's nine week old granddaughter. Mayor Pro Tem Boggs indicated she favors Pro -Active Code Enforcement but feels there is a proper way to go about it and that to forewarn is very helpful. She would like to see a campaign begin immediately advising people of the critical parts of the Code likely to be enforced on them so that they will understand it or have any questions they can contact staff. She would like to see a campaign to get the public ready and volunteered to work on this kind of approach. Mr. Davis said this will be discussed with staff. Councilman Barb mentioned he has received numerous letters requesting enforcement of the Codes, which he thinks is crucial, and he concurs with trying to make it a more understandable and comfortable process. Councilman Paul has checked several streets with short driveways and contacted neighbors to see if they had any objections to an RV parking in the driveway. Their response was no. He mentioned attending a Planning Commission meeting where the issue was raised on getting word out to the public and has been informed there is a tremendous amount of acitivity planned to inform every- one of the Ordinance and what will be required. Mr. Cutts distributed memos to the Mayor and Council regarding Sign Code enforcement and what the program will be, including a sample letter and flier that will be distributed to the businesses, and several memos dealing with Code enforcement and the program approved by Council in January 1985. Mayor Santangelo has observed a lean-to and approximately two or three cars in the front property line along the 12300 block of Parrot Avenue, which have been sitting there for several years on blocks. He requested information on this. Council Minutes 12/9/86 -6- Councilman Cormack commended staff for seeing that the medians were constructed per the wishes of the Council. CLOSED SESSION Mayor Santangelo announced the City Council is recessing to closed session to consider a personnel matter. The meeting was recessed from 10:00 p.m. to 10:35 p.m. and resumed with all Council Members present. ADJOURNMENT: 10:35 p.m. The meeting was adjourned to 6:30 p.m., December 22, 1986, in the Council Chamber of Downey City Hall, for the purpose of recessing to closed session. Council Minutes 12/9/86 -7-