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HomeMy WebLinkAboutMinutes-01-13-87-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 13, 1987 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Res. #4835, denying a requested Zone Change (#235), 8635 Florence Av. Adopted 3 Zone Change #234, 7302-20 Stewart & Gray Rd. Denied; Resol. to be brought back next mtg. 3 Disposition & Development Agmt. - Downey Sports Cars, dba Downey Toyota: Joint hearing with Community Dev. Comm. Cont'd. to Jan. 27 5 Ord, amending Official Zoning Map (Zone Change #233) - 8317-32 LaVilla St. Introduced 7 Hearing on City Hazardous Materials Code Cont'd. to Jan. 27 7 Minutes: Adj. Reg. Mtg., Nov. 25, 1986; Reg. Mtg., Nov. 25, 1986; & Spec. Called Mtg., Dec. 9, 1987 Approved 7 Legal Claims for Rejection: Ref. #823, Smyrnitus; Ref. #839, Pearson; & Ref. #840, Jones Rejected 7 CC #526, Sports Area Ltg., Rio San Gabriel Park, Columbus Sports Facility, & Independence Park: Accept work & maintenance responsibilities Approved 7 CC #534, Apollo Parking Facility: Reject all bids rec'd. & grant auth. to readvertise Approved 7 CC #540, Tree Trimming - Rio Hondo Golf Course: Reject all bids rec'd.; auth. trimming of Eucalyptus hedge -rows w/City forces; & auth. rebidding of remaining work w/Citywide contract Approved 7 General Warrants #25701 - 26556 Approved 7 1987-88 Budget Process: Budget Calendar Approved 7 Report on Leaf Blowers: Receive & file & instruct staff to continue to periodically have special enclosures in license renewal applications for gardeners reminding them of regulations & rules Approved 8 Res. #4836, Auth. Salary Adjustments for Police Dept. Mngmt. Classifications Adopted 8 Ord. #840, re Open -Air, Multi -Vendor Operations Adopted 8 Ord. re Peddlers Introduced 8 Ord. #841, Amending Ord. #679 re Cable TV Adopted 8 Res. #4837, Supporting Specific & Necessary Changes in Calif. Constitution which Californians for Fair Insurance believe is essential Adopted 8 CC #544 - Report on Proposed Banner Poles, Firestone Bl. E/o Brookshire Av. Continued 8 Florence Av./Studebaker Rd. Moratorium Study: Select option 2 of repealing Ordinance Approved 9 City's Celebration of 200th Anniversary of U.S. Constitution: Proposal of staff Approved 9 Page 1 of 2 COUNCIL MINUTES, JANUARY 13, 1987 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Report re contracting w/Professional Lobbyist Cont'd. to first mtg. in February 10 Report on Downey Museum of Art Air Conditioning Cont'd. to next mtg. 10 Proposed Redevelopment Law Changes submitted by Downey Chamber of Commerce Supported w/changes 10 CC #SS-394, Citywide Chip & Slurry Seal for FY 1986-87: Accept work completed; appropriate addl. SB-300 Funds; & appropriate addl. Assessmt. Dist. Maint. Funds Approved 11 Annual Housing & Financial Transaction Report: Receive & file based on contingency that Council see audio visual tape sometime at future meeting Approved 12 Resol. in Support of Cerritos City Council efforts to promote safety in airspace Received & filed 12 Cn. Cormack re status of crime report on bridge over Rio Hondo Channel 12 Cn. Cormack re optional uses of open-air theatre To be discussed at Wilderness Park w/staff 12 Mayor Santangelo re status of tickler list of Council Meeting items carried over or needing further info 12 Cn. Cormack re water issue & lobbying done by Santa Monica re peripheralcanal 12 Mayor Pro Tem Boggs' announcement of grandson's visit to Downey 12 Meeting adjourned to 6:30 p.m., January 27, 1987 12 Page 2 of 2 cDIJ j MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 13, 1987 The City Council of the City of Downey held a regular meeting at 7:35 p.m., January 13, 1987, 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 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 William Makshanoff, Building Official Jake Wager, Redevelopment Manager Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Judy McDonnell, Executive Secretary PRESENTATIONS: None HEARINGS Mayor Santangelo opened the hearing on Appeal to Zone Change Case No. 235, 8635 Florence Avenue. He inquired if the City Clerk had the Proof of Publica- tion, and the response was yes. It was moved by Councilman Barb, seconded by Councilman Paul, and so ordered to receive and file the Proof. Mr. Cutts reported on the Planning Commission's denial of the zone change to rezone the property from C-P (Commercial Professional) to C-2 (General Commercial), which is currently developed with a vacant commercial building formerly used as a paint store since 1978 that was approved under zone exception. He noted a previous application in 1983 for zone change to C-2, which was denied by the Commission and Council with approval for a C-P zone. Under the C-P zone the building can be used for an office building or a paint store, and the General Plan shows the area to be used as retail commercial. Mr. Cutts commented on the land uses of surrounding properties and narrated a slide presentation on the subject property. Mayor Santangelo inquired if the City Clerk had received any correspondence on this matter. Mr. Shand replied that Mr. Jim Doran, 9846 Birchdale, had called City Hall expressing his support for the record of the Planning Commission's action to keep the zoning as C-P. It was moved by Mayor Pro Tem Boggs, seconded by Councilman Cormack, and so ordered to receive and file. The applicant was asked to come forward and present his case. Mr. Michael Smoot, attorney representing Standard Brands Paint Company, said the store is now closed, and the property has been cleaned up. He asked the Council to consider what the appropriate use of the property should be and said he understands the existing General Plan zones this property as commercial, not professional. The property to the immediate east is zoned C-2, and to the north along Tristan Avenue, there are no residential properties fronting on the opposite side of the street, so no traffic coming in or out of Standards Brands Council Minutes 1/13/87 -1- is directly in conflict with any residential traffic. Mr. Smoot feels C-2 is proper zoning for the property and said since there is a high vacancy rate of office buildings in the Los Angeles area, the store would remain vacant for a greater period while an office development is found, resulting in loss of Sales Tax revenue to the City. There is ample parking for the property and for the intended use. He requested approval of the zone change and said if the appeal is not granted, the alternative he would request is an opportunity to have the matter sent back to the Planning Commission to see if they can arrive at a use compatible with both the views of the Commission and Standard Brands Paint. Mr. John Gonzalez, 12350 Orizaba, said he lived near Standard Brand Paints from 1964 to 1979, as well as Mayor Santangelo. Mayor Santangelo corrected the record by saying he does not live close to Standard Brands. Mr. Gonzalez commented on his dealings with Standard Brands over the years and said he has never seen Standard Brands cause any damage to the neighborhood. He made reference to several Planning Commissioners, who either have a business or reside within walking distance of the property, which he feels is a conflict of interest. There being no one else to speak in favor, Mayor Santangelo asked if anyone wished to speak in opposition. Mr. Greg Rosenthal, 10013 Tristan Drive, first residence directly north of Standard Brands, said he is one of the spokespersons for residents of the neigh- borhood in opposition to rezoning the property to C-2 and indicated that in the application for appeal, Standard Brands gave no substantive reasons for the Council to approve the zoning. He summarized the findings of the Planning Department and commented regarding the impact Standard Brands has had on the neighborhood concerning parking of employees on the street, unsightly signs, weekly Friday morning deliveries between midnight and 5:00 a.m., and deficient maintenance of landscaping and property. Mr. Rosenthal urged the Council to stop the encroachment of C-2 zoning on the homes and return the neighborhood to compatible zoning designated in the City's master plan. Ms. Alice Vartanian, 8603 Lubec, mentioned Planning Commissioner Bob Brazelton did not get involved in this matter and left it to the neighbors to decide. She also commented on the traffic problems on Tristan, which have been alleviated since Standard Brands has relocated to another area. She urged the Council to protect the residential areas. Mr. Walter J. Munday, 9804 Tristan Drive, concurred with previous speakers on problems of traffic and went on record in opposition to changing the zoning to accommodate one store. Mr. Al Wantuck, 7720 Randish, Bell Gardens, does not see how any use of the property would eliminate automobiles, and he is not opposed to the zone change. Mr. Charles J. Checkworth, 9913 Tristan Drive, said traffic on the street has improved since Standard Brands moved to another location. Mr. Marty Riganti, 9922 Tristan Drive, commented regarding the impact Standard Brands has had on the street concerning parking and went on record opposed to the zone change. Ms. Karen Malmskog, 10022 Birchdale Avenue, said her property backs up to the parking lot of Standard Brands and she commented regarding problems of noise with the unloading of vehicles in the early morning hours. She is opposed to the zone change. Mr. Jack Robinson, 8555 Gainford, discussed the application for zone change which he said dealt with the subject of economics and is not within the purview of the Planning Commission or City Council to deal with. Also, Standard Brands has submitted no evidence to justify a zone change, and he urged the Council to support its Commissioners and deny the request. Mrs. Margaret Fillet, 9904 Birchdale, 9904 Birchdale, went on record in opposition and concurred with remarks of Mr. Robinson. She said people are opposed to what could go in the building if the zoning were changed. Council Minutes 1/13/87 -2- 6 `--D5 Ms. Roxie Pierce, 9811 Birchdale, commented regarding the number of trucks and traffic when Standard Brands was located on the subject property. Traffic has been reduced since it moved to another location. There being no one else to speak in opposition, rebuttal time was granted to the applicant. Mr. Smoot said whatever use is put back onto the property will generate traffic coming off of Florence. Also, Florence Avenue to the east is becoming more and more commercial, there is a need for commercial in the City, the store has served the City well as a commrcial site, and they would like to see the use continued. He welcomed the opportunity, if this matter is referred back to the Commission, to meet with the residents on Tristan and Birchdale and staff in an attempt to arrive at a solution mutually beneficial to all of the affected residents of Downey. It was moved by Mayor Pro Tem Boggs, seconded by Councilman Cormack, and so ordered to close the hearing. Councilman Paul indicated he will be abstaining from the vote on this matter and stated for the record that he believes because he is in possible negotiations for an office somewhere in the vicinity he may have a conflict. Based on conversations with the City Attorney, he will abstain from participa- tion or voting, and he absented himself from the remainder of the hearing. It was moved by Councilman Barb and seconded by Councilman Cormack to deny the appeal. RESOLUTION NO. 4835 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING A REQUESTED ZONE CHANGE TO AMEND THE CITY'S OFFICIAL ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (ZONE CHANGE CASE #235) 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. Councilman Barb pointed out that many of the people present were part of an original homeowners group that was instrumental in causing Florence Avenue to be zoned office and professional, and because of that, a lot of the residential integrity in this part of the City has remained what it is. It was moved by Mayor Pro Tem Boggs to amend the motion and request that the Council to send this back to the Planning Commission as requested by the applicant. The motion died for lack of a second. AYES: 4 Council Members: Boggs, Cormack, Barb, Santangelo ABSTAIN: 1 Council Member: Paul Councilman Paul returned to the meeting. Mayor Santangelo declared a recess from 8:32 p.m. to 8:40 p.m. The meeting resumed with all Council Members present. Mayor Santangelo opened the hearing on Zone Change Case No. 234, 7302-20 Stewart 8 Gray Road. He inquired if the City Clerk had the Proof of Publica- tion, and the response was yes. It was moved by Councilman Paul, seconded by Councilman Barb, and so ordered to receive and file the Proof. Mr. Shand indicated he had received correspondence from Mr. and Mrs. Sebastian Rabosa, 7309 Nada Street, expressing their protest to the zone change. It was moved by Mayor Pro Tem Boggs, seconded by Councilman Cormack, and so ordered to receive and file the correspondence. Mr. Cutts distributed copies of the Initial Study of Environmental Impacts relating to the zone change and commented on the Planning Commission's approval to change the zone from R1-5000 (single family residential) to R-2 (two-family residential). The application for zone change was originally submitted by the Council Minutes 1/13/87 -3- property owner at 7302 Stewart & Gray, and included only one parcel. After reviewing the application, staff expanded the application to include three addi- tional lots at 7308, 7314, and 7320 Stewart & Gray because they are similarly designated as medium density residential by the City's General Plan. Mr. Cutts said all of the lots are over 10,000 square feet, except for one which is 9,880 square feet, and they meet the minimum requirement with regard to lot frontage, except for 7308 Stewart & Gray. He commented on the zoning for surrounding pro- perties and narrated a slide presentation on the subject properties. Mayor Santangelo asked if there was anyone present to speak in favor of the proposed zone change. Mr. Gary Wolf, owner of the property under the original application, feels the zoning goes along with the area and will eventually eliminate the sub- standard housing. He will work with the Planning Commission and prepare a design to give the people on Susan Street as much privacy as possible. Mr. John Gonzalez, 12350 Orizaba, commented on the apartment house develop- ments along Stewart & Gray and feels what is proposed will be an improvement. There being no one else to speak in favor, Mayor Santangelo asked if there was anyone present to speak in opposition. Mr. Phillip Collins, 11865 Susan, expressed his fear that if the two outside properties to the east and west become rezoned and rebuilt with a number of residences it will put a "sqeeze play" on the other properties. He said there is a possibility of 14 units from the four properties, and he questioned the negative impact report submitted, noting the impact the project could have on traffic and the potential for more accidents. Also, parking is difficult in the area. He submitted a letter from Lee Woodfin, 11920 Susan, in opposition to rezoning of the subject properties. Mr. Richard Liconnel, 7305 Nada, cannot see any valid reason to change the zoning. He read his letter of opposition dated December 16, 1986, which he said was mailed to the Commission and Council. Ms. Winona Nemeth, 11836 Susan, commented regarding the difficulty with parking and said she does not want to see apartments built on the property. Mr. Carl Berger, 11870 Susan, across the street from the property in question, concurred with the previous speakers and said he would like to see the property left as it is, single residential. Mr. Joe Arsenaga, 11862 Susan Avenue, went on record opposing the zone change. Ms. Donna Ewake, 11829 Susan, does not want to see anymore apartments built in the area. Ms. Gloria Benson, 11835 Susan, said more apartments would increase the already heavy traffic on the street. Ms. Kathleen Collins, 11865 Susan, expressed her opposition to the zone change. There being no one else to speak in opposition, rebuttal time was granted to the applicant. Mr. Gary Wolf said the apartments would have to be built with two -car off- street parking, and the setbacks are the same for two-family residential as they are for single family. The Planning Commission has approved the zone change, and he feels it would be a good development for the area. He also indicated he would design it with a driveway up the side as a buffer zone between the — building and the residential rear yards. Mr. Cutts named the owners of other properties included in the zone change. It was moved by Mayor Pro Tem Boggs, seconded by Councilman Paul, and so ordered to close the hearing. Councilman Paul is adamantly opposed to the zone change and has received numerous telephone calls and letters. He feels it is time to evaluate alterna- tives to removing a single family residence for constructing multiple dwellings. Council Minutes 1/13/87 -4- Councilman Cormack concurred with the need to protect R-1 single family residential. There is already an R-2 buffer between the C-1, and he sees no need to expand that buffer. Mayor Pro Tem Boggs said she can understand the request for a change to upgrade the housing stock, plus the lots are 10,800 square feet. She asked if there is a 'way to put a limit of two per lot on all four lots. Mr. Newton replied the only way it could be done is by amending the Zoning Ordinance to provide for that. Mayor Pro Tem Boggs inquired about an update on where the City is with the ratio on number of apartment units in the City vs. R-1 residential. Mr. Cutts replied a study was done in October 1983, which was up to date at that time, and he can bring the report back to the Council. Mayor Pro Tem Boggs would like to see the report before voting on this matter. Councilman Barb expressed his opposition to changing the zone to anything except R-1 and said he thinks all property on Stewart & Gray Road that has a General Plan designation allowing more density than what is currently being used needs to have the General Plan changed on those properties and to set in concrete all present R-1 properties as R-1. Mayor Santangelo expressed concern that the owners of the other properties involved in the zone change are not present at this hearing. He would like to take a further look at the possibilities in that area and suggested condominiums might be the solution to the problem of providing homeowners. It was moved by Councilman Cormack, seconded by Councilman Paul, and passed by the following vote to deny the zone change. When it was noted that only one owner of the eight adjacent properties has addressed the Council in opposition, Mayor Santangelo asked if there was anyone present in the audience from 11908-11932 Susan, and there was no response. Discussion followed. AYES: 4 Council Members: Cormack, Barb, Paul, Santangelo NOES: 1 Council Member: Boggs It was indicated that a resolution implementing the Council's action will be brought back at the next meeting. Mayor Santangelo suggested the applicant consider looking into other avenues of development that are compatible, rather than apartments. Mayor Santangelo opened the joint public hearing between the Council and Community Development Commission on Disposition and Development Agreement - Downey Sports Cars, dba Downey Toyota. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Paul, seconded by Mayor Pro Tem Boggs, and so ordered to continue the hearing to 7:30 p.m., January 27, 1987, in the Council Chamber of Downey City Hall. Mayor Santangelo turned over the Chair to Mayor Pro Tem Boggs. Mayor Pro Tem Boggs opened the hearing on Zone Change Case No. 233, for properties located at 8317, 19, 25, 27, 29, 31, 14, 16, 22, 24, 30, and 32 LaVilla Street. She inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Cormack and so ordered to receive and file the Proof. Mr. Cutts explained that Council reviewed the matter of the zone change at the December 22nd meeting and asked staff to come back with two separate sets of facts, one dealing with the history of the zoning pattern along LaVilla; and the other dealing with potentials of properties along LaVilla to realize additional dwelling units under the R-3 zoning classification, or the inabilities of the Council Minutes 1/13/87 -5- F)� sa properties on LaVilla to be increased in density, and that an R-2 classification be considered. He then reviewed the granting of a zone change in 1969 from R-2 to R-3 except for six properties identified as lots 4, 5, 6, 27, 28 and 29, which were changed to the PB (parking buffer) zone. He said if the zoning of properties along LaVilla Street were to be rolled back from R-3 to R-2, the existing apartment development that encompasses lots 8, 9, and 10 would become legal nonconforming. It is staff's recommendation, which is consistent with the General Plan, that the area be zoned for R-3 multiple family residential. Mayor Pro Tem Boggs inquired if the City Clerk had received any corres- pondence on this matter, and the response was no. Mayor Pro Tem Boggs then asked if there was anyone present to speak in favor of the zone change. Mr. Vincent Agriffili, 10404 Manzanar, owner of property at 8317 and 8319 LaVilla, parcel 4, commented on the improvements that have occurred on the street in the last four years noted the City allowed duplexes to be built on the property. He sees no conflict between the properties, except the adjacent property which is commercial and generates additional traffic. He urged the Council to vote in favor of the R-3 zoning. Mr. Paul Berekoff, 7315 Via Rio Nido, owner of 8329 and 8331 LaVilla, which is now in escrow, said the bank has refused to loan on the property because it is a buffer zone. The request is to have the original zoning back. Mr. Nick Metchkoff, 10633 Horton Avenue, owner of 8325 and 8327 LaVilla, parcel 5, said he purchased the property approximately one and one-half years ago as an investment and has made improvements. When he purchased the property he was not informed it was a buffer zone, and he urged the Council to approve the zone change back to R-2 or R-3. Mr. Scott Alden, 7600 Shadyoak Drive, said he is attempting to purchase Mr. Berekoff's property and was denied a loan since the property is a parking buffer rather than R-2 or R-3 zone. He wants to be assured that if he purchases the property he will be able to have the same two units that are there presently. He pointed out the cul-de-sac is developed with two units. Mr. John Gonzalez, 12350 Orizaba, inquired regarding location of the property. Mayor Pro Tem Boggs declared a recess from 9:40 p.m. to 9:50 p.m. The meeting resumed with all Council Members present. Mr. Alfred Krome, 7908 Fourth Place, owner of parcels 27 and 28, which are presently developed with duplexes approximately 45 years old, cannot see any need for a parking buffer and favors and zone change. Ms. Ellen Martin, 10725 Clancey, suggested going back to the original zone of R-2. There being no one else wishing to speak in favor and no one to speak in opposition, it was moved by Councilman Cormack, seconded by Councilman Paul, and so ordered to close the hearing. Councilman Paul apologized to the applicants for his motion to reconsider because it caused a delay. Mr. Newton asked if the Ordinance could be modified to read R-2 with the appropriate wording and whether it would still be consistent with the provisions of the General Plan. Mr. Cutts replied it would be consistent with the General Plan, but he expressed concern that the development of lots 8, 9 and 10 are consistent with R-3 type of zoning. There is also a problem with conformity in the parking buffer zone. Councilman Cormack feels further consideration should be given at a later date to make the entire area R-2 except the existing R-3. It was moved, by Councilman Barb and seconded by Councilan Paul to modify the Ordinance to read R-2. Council Minutes 1/13/87 -6- U I� 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. 233) The Ordinance was read by title only. It was moved by Councilman Barb, 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 Pro Tem Boggs requested a staff report on the easterly portion of LdViIIa. Mayor Santangelo resumed as Chairman of the meeting. He then requested that future Council packets include the names of property owners whose lots are included in the zone change. Mayor Santangelo opened the hearing on proposed amendment to the Downey Municipal Code to establish a City Hazardous Materials Code. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Paul, seconded by Mayor Pro Tem Boggs, and so ordered to receive and file the Proof. It was moved by Councilman Cormack, seconded by Mayor Pro Tem Boggs, and so ordered to continue the hearing to 7:30 p.m., January 27, 1987, in the Council Chamber of Downey City Hall. ORAL COMMUNICATIONS - Items not on Agenda: None CONSENT CALENDAR It was noted that Agenda Item VI-A-2, Minutes of Adjourned Regular Meeting, December 22, 1986, will be submitted on the Agenda of January 27, 1987. Agenda Item VI-G-2, Resolution supporting Cerritos City Council in effort to promote safety in airspace, was removed at the request of Councilman Cormack Agenda Item VI-F-3, Annual Housing Financial Transaction Report for Fiscal Year ending June 30, 1987, was removed at the request of Mayor Pro Tem Boggs. Agenda Item VI-D-1, Cash Contract #SS-394, Citywide Chip and Slurry Seal, was removed at the request of Mayor Santangelo. It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Adjourned Regular Meeting, November 25, 1986; Regular Meeting, November 25, 1986; and Special Called Meeting, December 9, 1986. Legal Claims for Rejection: Ref. 1823, Mary Smyrnitus; Ref. 1839, Dorothy Pearson; and Ref. #840, Don Jones. Cash Contract No. 526, Sports Area Lighting, Rio San Gabriel Park, Columbus Sports Facility, and Independence Park: Accept the work done and mainte- nance responsibilities for improvements conducted. Cash Contract No. 534, Apollo Parking Facility: Reject all bids received and grant authority to readvertise the project. Cash Contract No. 540, Tree Trimming - Rio Hondo Golf Course: Reject all bids received, authorize trimming of the Eucalyptus hedge -rows with City forces, and authorize rebidding of the remaining work with the City-wide tree trimming contract. General Warrants: #25701 - 26556, $2,094,677.39. 1987-bb Budget Process: Approve budget calendar. Council Minutes 1/13/87 -7- & Crc Report on Leaf Blowers: Receive and file and instruct staff to continue to periodically have special enclosures in the license renewal application for gardeners, reminding them of the regulations and rules as they pertain to the use of blowers. RESOLUTION NO. 4836 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING SALARY ADJUSTMENTS FOR POLICE DEPARTMENT MANAGEMENT CLASSIFICATIONS AYES: 5 Council Members: Boggs, Cormack, Barb, Paul, Santangelo ORDINANCES ORDINANCE NO. 840 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 6231 OF THE DOWNEY MUNICIPAL CODE OPEN -AREA, MULTI -VENDOR OPERATIONS The Ordinance was read by title only. It was moved by Councilman Cormack, seconded by Councilman Paul, and passed by unanimous vote to waive further reading and to adopt. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 6256 (a) OF THE DOWNEY MUNICIPAL CODE, PEDDLERS The Ordinance was read by title only. It was moved by Councilman Cormack, seconded by Mayor Pro Tem Boggs, and passed by unanimous vote to waive further reading and to introduce. ORDINANCE NO. 841 ,AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ORDINANCE NO. 679 REGARDING CABLE TELEVISION The Ordinance was read by title only. It was moved by Councilman Cormack, seconded by Councilman Barb, and passed by unanimous vote to waive further reading and to adopt. RESOLUTIONS RESOLUTION NO. 4837 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING SPECIFIC AND NECESSARY CHANGES IN THE CALIFORNIA CONSTITUTION WHICH CALIFORNIANS FOR FAIR INSURANCE BELIEVE IS ESSENTIAL IN ORDER TO PROTECT CONSUMERS FROM UNFAIR INSURANCE INDUSTRY PRACTICES 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 reading and to adopt. ADMINISTRATIVE REPORTS Cash Contract No. 544 - Report on Proposed Banner Poles, Firestone Boulevard east of Brookshire Avenue It was moved by Councilman Cormack to ask staff to take another look at this and come back with a real bid instead of an estimate. He would like to challenge some the requirements of Caltrans for everytime a banner is changed. (See later motion to continue.) Mayor Pro Tem Boggs said the sign posts will be in violation of the Sign Ordinance and would be close to the new electronic reader board. She is con- cerned about the cost and the appearance. Councilman Cormack said the banner does not have to be near the Hotel but it should be where people can see it. Council Minutes 1/13/87 -8- Councilman Barb indicated the banner would be placed 500 feet east of Brookshire Avenue by Downey High School, and he would like to see a proposal and what the permit requirements are before going any further. He then seconded the motion. Mr. Ralph mentioned all the engineering work has been done to determine the size of the footings and the amount of concrete and steel and indicated Caltrans may not give reasons for its requirements. It appears unlikely that any of the requirements will be changed, but a request can be made for Caltrans to explain them. Staff will prepare drawings and bring them back to Council for authoriza- tion to go out to bid. The bids will then be brought back, and at that time the Council will make the decision on whether to proceed with the project. Councilman Cormack indicated he would like to discuss with Mr. Ralph the effect of Downey taking over the control of Firestone Boulevard. Joyce Lawrence, 9627 Cheddar, concurred with Mayor Pro Tem Boggs and said she does not care for the idea of a banner. Councilman Cormack said he would like to see a firm bid. The motion and second were withdrawn. It was moved by Mayor Pro Tem Boggs, seconded by Councilman Cormack, and passed by unanimous vote to continue. Florence Avenue/Studebaker Road Moratorium Study Mr. Cutts reported on the 90-day moratorium declared by Council on November 26th with regard to issuing permits on a number of properties in the area, which will expire on February 23rd. He discussed the three major areas of concern pertaining to land use, fire flow, and traffic circulation that create some conflicts and concern. Mr. Cutts indicated it is felt the answer to the problem is to develop a specific plan which would replace the study area C-2 zoning classification with a customized set of development standards setting forth setbacks and types of land uses that would be allowed. The three options before the Council are: Allowing the urgency ordinance to lapse on the scheduled date of February 23rd; repealing the urgency ordinance before it is scheduled to lapse; or extending the moratorium while staff prepares a specific plan for the study area. It was moved by Councilman Paul, seconded by Councilwoman Boggs, and passed by the following vote to select option 2 and repeal the urgency ordinance. Councilman Barb said his only questions have to do with what the present landowner and what the intentions are, and how the City can work with the landowner to make sure the property is used not only for his benefit but for the best interests of the community. He is concerned that a business similar to Gemco would decide to locate there and further intensify problems in the area. He asked if any objection had been received from the lessee or property owner to let the urgency ordinance run its course and the City continue to work on a specific plan or some possible use for the land. Mr. Cutts replied the only people he has talked to are people no longer responsible for the lease, and he understands Gemco has leased the property to the owner of Target Stores, who indicates they are not interested in moving a Target Store onto the property. Councilman Barb said time has been spent trying to find sites for auto dealerships, and this appears to be an ideal site for that use. Mayor Pro Tem Boggs is concerned that the Council not use excessive power to control land use, and she also feels the property would be a perfect auto site because of its proximity to the freeways. AYES: 5 Council Members: Boggs, Cormack, Barb, Paul, Santangelo It was moved by Mayor Pro Tem Boggs, seconded by Councilan Cormack, and passed by unanimous vote to accept the Proposal of staff for the City's Celebration of the 200th Anniversary of the U.S. Constitution Council Minutes 1/13/87 -9- Report regarding contracting with a Professional Lobbyist It was moved by Councilman Barb and seconded by Mayor Pro Tem Boggs to continue to the first meeting in February. Councilman Paul feels this is an important step forward for Downey and indicated he would add to the motion -to ask that the gentleman be available to speak with the Council either individually or at the next meeting. Mayor Santangelo said he would like to meet the gentleman because he has a lot of questions. Councilman Barb would want to discuss whether or not the Council wants to hire a lobbyist, apart of the gentleman to be considered. The motion, and second were withdrawn. It was so ordered to place this matter on the agenda for the next meeting. Report on Downey Museum of Art Air Conditioning Mr. Ralph said if staff is directed to install air conditioning on the building, he would recommend appropriating sufficient funds to utilize the existing air conditioning that was removed from a City building. He responded to questions regarding the proposal and the cost involved and said staff met with a contractor and worked out an informal arrangement. Mayor Santangelo cannot conceive spending $8,000 to put the City's equipment on the building. Mr. Ralph explained the amount also includes some reconditioning of the equipment, electrical work, and putting in the ducts. Mayor Santangelo indicated he would like to discuss this further with Mr. Ralph and bring it back at the next meeting. Discussion followed regarding the ducting work involved. Continued to the next meeting. Proposed Redevelopment Law Changes submitted by the Downey Chamber of Commerce Mr. Pete Ohanesian, 11642 Lakewood Boulevard, commented on the draft pro- posal submitted last meeting and concerns that were raised dealing with PAC formation and the ability of PAC to veto any redevelopment plan, which would require a two-thirds Council vote for approval. He said those sections have been stricken from the draft proposal, and it has been brought back for consideration based on concerns expressed. Mayor Pro Tem Boggs referred to the third paragraph under Section 33385.5 and asked what consists of an eligible and qualified voter on the elective body. Mr. Newton said he would have to pursue research in order to respond. Mayor Pro Tem Boggs asked what effect this would be on Amendment No. 5 - the Woodruff Area. Mr. Cutts replied the Woodruff Industrial Project is a separate project under a different redevelopment plan and it would not have an effect because there are no substantial lower and moderate income households in the proposed project area. When asked if the addition of "small business owners" throughout the wording of the proposed corrections would have an effect on Woodruff, he replied possibly yes. Mayor Santangelo asked if this matter concerns the Woodruff Project in the future, would he be precluded from making any recommendations to the legislative body that would change or modify this code? Mr. Newton replied this relates to the application of law in certain in- stances and does not pertain to a specific area of the City. Since it is a matter of general application and a proposal for modification of the general law, and cannot be tied to a specific area of the City, he believes no Council Member would be disqualified to consider a matter of this nature. Council Minutes 1/13/87 _10- Mayor Pro Tem Boggs questioned how including "small business owners" might affect the Woodruff Project since it was not included at the time the project area was formed. Mr. Bob Verderber, 12828 Verdura, responded to questions concerning the interpretation of "eligible" and "qualified" and the impact on the Woodruff Project. He said it would have an impact because small business owners are looked upon as similar to residential owners and would trigger the formation of a PAC committee. If this is a problem, it is recommended the Council remove "small business owner" in two places on the first page. Mr. Newton pointed out that if two members of the Council were not eligible to vote based on conflicts, that would leave only three members eligible and qualified to vote, and strict interpretion of the code would mean two members could vote; however, two members cannot adopt a resolution under provisions of the Charter and, therefore, Downey would be unable to act upon the plan in this situation, and would require a requalification process. It was moved by Councilman Paul and seconded by Councilman Cormack to approve the proposal with the word "small" stricken from "business owners" in all applicable areas. (Motion later withdrawn) Councilman Barb feels that what the Council would be supporting is some- thing a majority of the cities Downey is associated with in I.C.A. will oppose because it changes State law to be more restrictive on cities and taking away local control. He would want to know that the City is conformity with the California Redevelopment Association, with the League of California Cities, I.C.A., and its own redevelopment attorney. He will not oppose it but asked that the Council not take a position at this time. Mr. Ohanesian has discussed this with the Redevelopment Agency Association, and said they are of the opinion, based on some of the occurrences with PAC formation in Downey, that language like this would have a good chance of successfully getting through the legislature. There will be some resistence from some cities throughout California that have not had any problem, but since there was some problem in Downey there may be some sensitivity to changing the law and establishing a minimum standard for cities to comply in the PAC formation process. Discussion followed. Responding to a question regarding whether the Chamber would be opposed to removing "small business owners," Mr. Verderber said the Chamber does not object to removing that because there are other key provisions included. The motion and second were withdrawn. It was moved by Mayor Pro Tem Boggs to support the proposal, provided that the only changes to the existing Health & Safety Code, Article VI.5 - Project Area Committee, be the sentence that is added to the first paragraph of Section 33385; and in the second paragraph the word "businessmen" on the second line be changed to "business owners" and the word "members" be changed to "representa- tives" in the third paragraph. The motion was seconded by Councilman Barb and passed by unanimous vote. ITEMS REMOVED FROM CONSENT CALENDAR Cash Contract No. SS-394, Citywide Chip and Slurry Seal for Fiscal Year 1986-87 Mayor Santangelo asked if this has to do with chip seal on Fifth Street between Lakewood Boulevard and Downey Avenue, and the response was yes. He expressed his opinion that something is wrong with the paving. Mr. Ralph explained that the project on Fifth Street was slurry seal approximately one -eighth inch thick. He said the work was done to minimize the amount of time the street would be closed. Certain portions were re -done, and it is felt to be substantially improved. It was moved by Councilman Paul, seconded by Mayor Pro Tem Boggs, and passed by unanimous vote to accept the work completed; appropriate additional Council Minutes 1/13/87 -11- F-l%4 SB-300 Funds (Fund 36) in the amount of $6,000; and appropriate additional Assessment District Maintenance Funds (Fund 82) in the amount of $5,000 for use on this project. It was moved by Mayor Pro Tem Boggs, seconded by Councilman Barb, and passed by unanimous vote to receive and file the Annual Housing & Financial Transaction Report, based on the contingency that the Council see the audio visual tape sometime at a future meeting. Resolution in Support of Cerritos City Council efforts to Promote Safety in Airspace Councilman Cormack voiced concern about passing such a Resolution because, he said, it does not avoid what happened (the Cerritos air tragedy). He made a motion to receive and file, which was seconded by Councilman Paul and passed by the following vote. Mayor Pro Tem Boggs said there is a serious problem and concern with air traffic that flies over the City daily and feels Downey should pursue a course where it plays a responsible role in seeing what can be done to see to prevent these things from happening. Councilman Paul said the City's Congressman would be the appropriate person to write a letter and seek a solution from the Federal Aviation Administration, who controls the air space. AYES: 5 Council Members: Boggs, Cormack, Barb, Paul, Santangelo OTHER BUSINESS - City Council OTHER BUSINESS - Staff Members Councilman Cormack inquired regarding status of the crime report on the bridge over the Rio Hondo Channel. Chief Martin said it has been completed back to 1983 with a map showing the crime statistics, and data beyond that date is forthcoming. The report should be available before the end of the week. Councilman Cormack inquired regarding optional uses of an open-air theatre at Wilderness Park. Mr. Ralph said he and Mr. Jarrett would meet with Councilman Cormack to discuss this matter. Mayor Santangelo asked about a tickler list of Council Meeting items that are carried over or needing further information. He would like to see an accumulative list that shows which Council person requested the item and the date. He remembered asking for a study to look at the possibility of selling parking lots in the City's parking district to the adjacent property owners, which would give the City funds to build a parking structure. Councilman Cormack noted receipt of a letter from Supervisor Schabarum regarding the water issue and the lobbying done by the City of Santa Monica against the peripheral canal. Mayor Pro Tem Boggs announced that in about ten hours, her grandson, Ben Ralph, will be visiting Downey for the first time. ADJOURNMENT: 11:25 p.m. The meeting was adjourned to 6:30 p.m., January 27, 1987, in the Council Chamber of Downey City Hall, for a closed session. Robert L. Shand, interim City Clerk -Treasurer James S. Santangelo, Mayor Council Minutes 1/13/87 -12-