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HomeMy WebLinkAboutMinutes-01-27-87-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 27, 1987 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Presentation of CAPIO Award to City for out- standing public information program 1 Proclamation to Mr. Ned Young for achievements as World Champion Softball Pitcher for Seniors 1 Proclamation in celebration of 35th Birthday of Soroptimist International of Downey 1 Recognition of work on 1987 Downey Rose float & winning Founder's Trophy 1 30th Anniversary Essay Program: Introductions & reading of winning essays (Middle Schools) 1 Recognition of Sylvia Garcia on CAPIO Award 2 Recognition of people who assisted on City's 30th Anniversary 2 Recognition of Grace Horney & Jody Barb, for work on DARE program 2 Joint hearing w/Community Dev. Comm. re ODA w/Downey Sports Cars (dba Downey Toyota) Cont'd. to 2/24 2 Ord. #842, re Hazardous Materials Code Adopted 2 Mrs. Maggie Casey req. for establishing a no smoking policy in City Ref. to City Mgr. 3 Lennie Whittington re night const, at Downey Comm. Hosp. - Code violation 3 Removal of Items from Consent Calendar 3 Minutes: Adj. Reg. Mtgs., Dec. 22, 1986, & Jan. 13, 1987; & Reg. Mtg., Jan. 13, 1987 Approved 3 Rejection of Legal Claims: Ref. #837, So. Pac. Transp./Tollefson; & Ref. #842, Collazo Rejected 3 CC #SS-405, Part I - Gutter Const.; Part II - Misc. Repairs; & Part III - Tweedy Ln.: Plans, spec., & grant auth, to advertise f/bids Approved 3 CC #541, Phase I - Water Mains, Century Fwy. Corridor, Bellflower -Downey: Accept imprvmts. & extra work Approved 3 General Warrants: #26403 - .26918 Approved 3 Hazardous Materials Code: Joint Powers Agmt. w/Santa Fe Springs Approved 3 Zone Change Case #236, 8613-27-29-31, 35, 35-1/2, 37, 41, 49, 51 Firestone B1. Hrg, set Feb. 10 3 Affirmative Action Plan Update for Fiscal Year 1985-86 Received & filed 3 Res. #4838, est. Fees & Penalties re implemntn. of Hazardous Materials Coue Adopted 3 Page 1 of 2 COUNCIL MINUTES, JANUARY 27, 1987 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT Res. #4839, req. Allocation of County Aid to Cities Funds for Maint. of Select System Streets Res. #4830, Denying Amndmt. to official Zoning Map (Zone Change #234, Stewart & Gray Rd.) Ord. #843, re Peddlers Ord. #844, re Zone change #233 (LaVilla St.) Ord. #845, repealing Ord. #839 - Moratorium re Land Use for ppty. on Florence Av. bet. I-605 & I-5 Freeway (Urgency) Res. #4841, setting Fees for Dog Licenses Professional Lobbyist Services CC #544, Report on Proposed Banner Poles - Firestone B1. e/o Brookshire Av. CC #SS-361, Florence Av./Fairford Av.: Award to Construction Engineers, contingent on Caltrans' approval to award contract Report on Downey Art Museum Air Conditioning Report on School Development Fees (AB 2926) 1988-92 Transportation Improvement Program (T.I.P.) - Annual Submittal Res. #4842, Apprvg. Final Subdiv. Map of Parcel Map #17914 (11711 Woodruff Av.) Cn. Cormack re Sign Code violation Cn. Barb re Code Enforcement of stored boats & trailers - wants them cited Cn. Cormack re status of questionnaire on use of property under power line R/W Cn. Barb re storage of RV's & Code ambiguity Adjournment to 6:30 p.m., Feb. 10, 1987 ACTION Adopted Adopted Adopted Adopted PAGE NO. 3 3 4 4 Adopted Adopted Cont'd. to next meeting Received & filed Approved Received & filed Received & filed Approved Adopted To be placed on next Agenda 4 4 5 5 6 6 6 6 6 6 6 7 7 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 27, 1987 The City Council of the City of Downey held a regular meeting at 7:48 p.m., January 27, 1987, in the Council Chamber of the Downey City Hall, Mayor James S. Santangelo presiding. PRESENT: Council Members: James S. Santangelo Mayor Robert G. Cormack Randall R. Barb Roy L. Paul ABSENT: Diane P. Boggs Mayor Pro Tem (excused) ALSO PRESENT: Don Davis, City Manager Carl K. Newton, City Attorney Robert L. Shand, City Clerk -Treasurer James R. Cutts, Director of Community Development Ronald Irwin, Fire Chief James R. Jarrett, Director of Community Services 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 Mr. Murray Brown, Director of Center for Public Resources from Cal State University, Los Angeles, and representing the California Association of Public Information Officials (CAPIO), congratulated the City and presented Mayor Santangelo with the CAPIO award for Downey's outstanding public information program. Sylvia Garcia, Administrative Assistant, was recognized for her work on the program and as Vice -President of CAPIO. Mayor Santangelo presented a Proclamation to Mr. Ned Young for his achievements as World Champion Softball Pitcher for Seniors. Mayor Santangelo presented to Beverly Mathis, President of the Soroptimist International, a Proclamation in celebration of the 35th Birthday of Soroptimist International of Downey. Mayor Santangelo presented to Cal Kimberly, President of the Downey Rose Float Association, a plaque in recognition of work on the 1987 Downey Rose Float and winning the Founder's Trophy. Ms. Sylvia Garcia introduced the 30th Anniversary Essay Program (Middle Schools). Seven Award -winning essays of the following students, entitled "What I Like About Downey," were presented: Tom Hohman, 7th Grade, East Middle School - Essay read by City Clerk Robert Shand. Jackie Lau, 8th Grade, Griffiths Middle School - Essay read by Councilman Cormack. Marina Sugar, 8th Grade, Our Lady of Perpetual Help - Essay read by Mayor Santangelo. Claire Adrian, 6th Grade, St. Raymond's School - Essay read by Councilman Barb. Ngoc Huynh, South Middle School - Essay read by Councilman Paul. Council Minutes 1/27/87 -1- svi `l Thao Vo, 8th Grade, West Middle School - Essay read by City Attorney Carl Newton. Rodrigo Rojas, 8th Grade, West Middle School - Essay read by City Manager Don Davis. Mr. Davis acknowledged special recognition to Sylvia Garcia, whose efforts made the CAPIO Award possible. Ms. Garcia introduced sub -committee members of the Second Century Founda- tion, who assisted in planning the City's 30th Anniversary: Ligget McLaws and Barbara Copelin, Association for Retarded Citizens; and Connie Sziebl, Second Century Foundation. She also acknowledged the contributions of Judy Starbuck, Downey Adult School, and Robbie Baumann, Eagle Scout Candidate. Mayor Santangelo recognized the people responsible for the program, Drug Awareness Resistance Education (DARE): Grace Horney, member of the Downey Board of Education; and Police Officer Jody Barb, who conducted the programs in the schools. He noted the Council's involvement at the graduation ceremonies being held this week. Mayor Santangelo declared a recess from 8:28 p.m. to 8:38 p.m. The meet- ing resumed with Council Members Cormack, Barb, Paul, Santangelo present; Council Member Boggs absent. HEARINGS Mayor Santangelo opened the joint hearing with the Community Development Commission on Disposition and Development Agreement with Downey Sports Cars (dba Downey Toyota), which was continued from the regular meeting of January 13, 1987. It was moved by Councilman Cormack, seconded by Councilman Barb, and so ordered to continue the hearing to 7:30 p.m., February 24, 1987, in the Council Chamber of Downey City Hall. Mayor Santangelo opened the hearing on proposed amendment to the Downey Municipal Code to establish a Hazardous Materials Code, which was continued from the regular meeting of January 13, 1987. Chief Irwin mentioned that previous concerns regarding implementation of the Code have been answered, and four implementation methods are submitted, along with their associated costs. Also submitted for consideration are a proposed fee schedule resolution and joint powers agreement with the Santa Fe Springs Fire Department. Four options identified are: (1) Have the service provided by Santa Fe Springs Fire Department through a joint powers agreement at an average cost of $87.50 per occupancy of an estimated 430 in the City; (2) contract with private enterprise for the service at the approximate cost of $105 per occupancy; (3) allow Los Angeles County Fire Department to provide the service at the estimated cost of $189 per occupancy; and (4) have Downey develop its own program at the estimated cost of $346 per occupancy. The Downey Fire Department recommends option (1) be accepted. Mayor Santangelo asked if the City Clerk had received any correspondence on this matter, and the response was no. There being no one present to speak to the proposed Amendment, it was moved by Councilman Barb and seconded by Councilman Paul to close the hearing. ORDINANCE NO. 842 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING SECTIONS 3400 THROUGH 3410 TO THE DOWNEY MUNICIPAL CODE ADOPTING BY REFERENCE CHAPTER 6.95 OF DIVISION 20, SECTIONS 25500 ET SEQ. OF THE CALIFORNIA HEALTH AND SAFETY CODE 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 adopt. AYES: 4 Council Members: Cormack, Barb, Paul, Santangelo ABSENT: 1 Council Member: Boggs Council Minutes 1/27/87 -2- ORAL COMMUNICATIONS - Items not on Agenda Mrs. Maggie Casey, 12203 Gneiss, mentioned she works at Rockwell International and commented regarding the adverse affects to non-smokers and people who are allergic while working in a smoking atmosphere. She requested the City Council give consideration to establishing a no smoking policy in the City. Referred to the City Manager. — Mr. Lennie Whittington, 8542 Manatee, referred to problem he previously addressed the Council concerning all-night construction at the Downey Community Hospital, which he feels is a violation of the Downey Municipal Code. He said staff came back with a report which indicated it was emergency work that could not be done except at night. He discussed and rebutted certain statements in the report. Mr. Whittington also indicated that vibrations during construction at the Hospital have caused damage to property, and he would like to see the codes enforced so that the properties do not receive further damage. CONSENT CALENDAR Agenda Item VI-F-1, 1988-92 Transportation Improvement Program (T.I.P.), was removed at the request of Councilman Paul. Agenda Item VI-G-3, Resolution regarding Parcel Map #17914, 11711 Woodruff Avenue, was removed at the request of Mayor Santangelo. It was moved by Councilman Cormack, seconded by Councilman Paul, and passed by the following vote to approve the Consent Calendar: Minutes: Adjourned Regular Meetings, December 22, 1986, and January 13, 1987; and Regular Meeting, January 13, 1987. Rejection of Legal Claims: Ref. #837, Southern Pacific Transportation/ Ruth Tollefson; and Ref. #842, Thomas Collazo. Cash Contract No. SS-405, Part I - Gutter Construction; Part II - Miscellaneous Repairs; and Part III - Tweedy Lane: Plans, specifications, and grant authority to advertise for bids. Cash Contract No. 541, Phase I - Water Mains, Century Freeway Corridor, Bellflower Boulevard to Downey Avenue: Accept improvements completed; approve extra work in the amount of $60,646.43; and accept responsibility for maintenance. dG 919' General Warrants: #26403 - 3691:&, $1,210,179.66. Hazardous Materials Code: Joint Powers Agreement with Santa Fe Springs. Zone Change Case No. 236, 8613-27-29-31, 35, 35-1/2, 37, 41, 49, 51 Firestone Boulevard; and 8701, 03, and 09 Firestone Boulevard: Hearing set for 7:30 p.m., February 10, 1987, in Council Chamber of Downey City Hall. Affirmative Action Plan Update for Fiscal Year 1985-86. RESOLUTION NO. 4838 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING FEES AND PENALTIES FOR THE IMPLEMENTATION — OF THE HAZARDOUS MATERIALS CODE OF THE CITY OF DOWNEY RESOLUTION NO. 4839 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING AN ALLOCATION OF COUNTY AID TO CITIES FUNDS FOR THE MAINTENANCE OF SELECT SYSTEM STREETS RESOLUTION NO. 4830 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNY DENYING AN AMENDMENT TO THE OFFICIAL ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (ZONE CHANGE CASE NO. 234) 730Z-U8-14-ZU Stewart & Gray Road) Council Minutes 1/27/87 -3- AYES: 4 Council Members: Cormack, Barb, Paul, Santangelo ABSENT: 1 Council Member: Boggs ORDINANCES ORDINANCE NO. 843 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 Barb, seconded Councilman Cormack, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Cormack, Barb, Paul, Santangelo ABSENT: 1 Council Member: Boggs ORDINANCE NO. 844 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) 8317-32 LaVilla Street) 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, Santangelo ABSENT: 1 Council Member: Boggs ORDINANCE NO. 845 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING ORDINANCE NO. 839 A MORATORIUM WHICH PROHIBITED ISSUING LAND USE APPROVALS FOR PROPERTIES ALONG FLORENCE AVENUE BETWEEN THE I-605 AND I-5 FREEWAY; SAID ORDINANCE TO BE ADOPTED AS AN URGENCY ORDINANCE PURSUANT TO SECTION 511 OF THE DOWNEY MUNICIPAL CHARTER AND SECTION 65858 OF THE GOVERNMENT CODE The Ordinance was read in its entirety. It was moved by Councilman Cormack, seconded by Councilman Paul, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Cormack, Barb, Paul, Santangelo ABSENT: 1 Council Member: Boggs RESOLUTIONS RESOLUTION NO. 4841 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SETTING FEES FOR DOG LICENSES 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 Paul feels the increase is excessive and urged the Council to consider it on an annual basis rather than a 20 percent increase all at once. Mayor Santangelo said the fees have not been increased for ten years, and it has been indicated that with the increase the City will expend $80,000 more than the estimated revenue. He feels the fees should be raised even higher. It was moved by Mayor Santangelo and seconded by Councilman Cormack to amend the fees to read "Regular - $20.00; Altered - $10.00; Regular/Senior Citizen - $10.00; and Altered/Senior Citizen - $5.00." Roll call vote on amendment: AYES: 1 Council Member: Paul NOES: 3 Council Members: Cormack, Barb, Santangelo ABSENT: 1 Council Member: Boggs Council Minutes 1/27/87 -4- Failed. Roll call vote on motion to waive and to adopt the Resolution: AYES: 3 Council Members: Cormack, Barb, Santangelo NOES: 1 Council Member: Paul ABSENT: 1 Council Member: Boggs ADMINISTRATIVE REPORTS It was moved by Councilman Paul and seconded by Councilman Cormack to approve an agreement for Professional Lobbyist Services with Joe A. Gonzalvez and Son for six months and appropriate the necessary funds for pay for the contract at the salary set forth. Mr. Joel Lubin, 7820 Allengrove, said Downey does not need a lobbyist, it needs legislators and he does not feel a lobbyist can do more than elected representatives can. Mr. Ken Miller, 7336 Cleargrove Drive, feels a lobbyist can help the City but questioned whether Mr. Gonzalvez would be the right choice since he repre- sents contract cities and many times would be working on something that could pose a conflict of interest. He suggested the Contract Cities might do a better job or looking at an organization that could be more effective. Mr. Lennie Whittington, 8542 Manatee, questioned paying for a contract that would begin in January, since January is almost over. Also, in looking at the cities Mr. Gonzalvez represents, almost every city is a contract city. He suggested that if Downey has extra funds, they should be applied toward main- taining sidewalks. Councilman Paul said Mr. Gonzalvez is effective, he performs for the cities that use his services, and he brings back in benefits to a city more than is paid in revenue. He argued further in favor of a lobbyist. Councilman Cormack indicated that over the years Mr. Gonzalvez has proved to be the most effective lobbyist, and he does bring in revenue to cities. Mrs. Jan Tannyhill, 11919 Pomering Road, commented regarding her past experience with a lobbyist and her knowledge of Mr. Gonzalvez' background. She said he seems to be a competent lobbyist and recommended taking a chance. Councilman Barb feels the entire Council should be involved in this matter and thinks Mr. Gonzalvez' expertise in Sacramento is somewhat limited, having spent much of his career only representing contract cities. He does not disagree with the need, at times, for a lobbyist and would be willing to support a city lobbyist if he was effective, but he cannot support Mr. Gonzalvez. Mayor Santangelo disagrees with the idea of having to pay someone to look out for the City's best interests. He mentioned that Downey's legislators assisted in obtaining funds from Sacramento for the swimming pool project, and he hopes that system would continue. He agreed with waiting until Councilwoman Boggs can vote on this matter. Councilman Cormack said Mr. Gonzalvez is effective and will more than pay his way. Councilman Paul said the Lobbyist House, which is registered by the Secretary of State, has been there in long standing, and the City abstaining from use will not hurt or hinder it in any way. He urged the Council to reconsider since it is a most effective tool. It was moved by Councilman Cormack, seconded by Councilman Paul, and so ordered to continue to the next regular meeting. It was moved by Councilman Paul, seconded by Councilman Cormack, and so ordered to receive and file Cash Contract No. 544, Report on Proposed Banner Poles - Firestone Boulevard east of Brookshire Avenue. It was moved by Councilman Barb, seconded by Councilman Paul, and passed by the following vote to award a unit price contract totaling $138,380 to Construc- tion Engineers for the construction of storm drain improvements under Cash Council Minutes 1/27/87 -5- F' \T1 e Contract No. SS-361, Florence Avenue/Fairford Avenue, contingent upon Caltrans' approval to award the contract. AYES: 4 Council Members: Cormack, Barb, Paul, Santangelo ABSENT: 1 Council Member: Boggs It was moved by Councilman Paul, seconded by Councilman Barb, and so ordered to receive and file the Report on Downey Art Museum Air Conditioning. Report on School Development Fees (Assembly Bill 2926) Mr. Davis said he and staff have met recently with representatives from the Little Lake School District, and he will be meeting with the Superintendent of Downey Unified School District on the implementation of fees. Hopefully some- thing can be worked out of benefit to the City and school districts. It was moved by Councilman Cormack, seconded by Councilman Paul, and so ordered to receive and file. ITEMS REMOVED FROM CONSENT CALENDAR 1988-92 Transportation Improvement Program (T.I.P.) - Annual Submittal Councilman Paul requested adding the lack of traffic control at the inter- section of Smallwood and Imperial to the list of projects. Mr. Ralph explained the list involves Federal funds, and the project mentioned concerns a local street that cannot be handled through this method. It was moved by Councilman Paul, seconded by Councilman Cormack, and passed by the following vote to approve the projects to be included in the T.I.P. for 1988-92. AYES: 4 Council Members: Cormack, Barb, Paul, Santangelo ABSENT: 1 Council Member: Boggs RESOLUTION NO. 4842 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 17914 (11711 WOODRURFF AVENUE) 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, Barb, Paul ABSENT: 1 Council Member: Boggs ABSTAIN: 1 Council Member: Santangelo OTHER BUSINESS - Staff Members: None OTHER BUSINESS - City Council Councilman Cormack submitted a photograph to the City Manager Davis of a Sign Code violation in the City. Councilman Barb hopes that staff is going forward, as originally directed, with proper Code Enforcement. He has a large number of boats and trailers stored in driveways in his district that he continues to receive complaints about, and he knows that some of them were not cited. He wants it understood that the violations should be cited. Councilman Cormack inquired regarding status of response to questionnaires concerning use of property under power line right-of-way. He said the ques- tionnaire mainly dealt with agricultural use and he has seen other areas outside the City where a building has been constructed on the property and used for storage or housing animals. Mr. Yotsuya responded that a draft survey has been prepared, and it can be amended prior to being sent out, particularly with regard to concerns about the agricultural use. Council Minutes 1/27/87 -6- Councilman Barb recalled asking staff to look into the possibility of ambiguous language in the Code concerning storage of recreational vehicles which are self-propelled, parked in the driveway, and are not stored but used on a regular basis. Mr. Cutts explained staff is presently not enforcing the RV ordinance with regard to pro -active enforcement, and he feels there are some problems with that portion of the Code. Complaints are accepted and any violations noted. It is planned to go back and take a closer look at the ordinance, make any alterations staff feels necessary, and present it to the Planning Commission and Council. When asked why staff is not enforcing violations of obviously stored RV's in the driveway, Mr. Cutts said it was staff's interpretation of what the Council wanted staff to do. Councilman Barb said if it is the Council's wish to not enforce that portion of the Code, then he would request this matter be placed on the next Agenda for appropriate action. Otherwise, he would request that it be enforced. Councilman Cormack mentioned he has investigated some storage locations in the area, and there are waiting lists. He feels something should be done to help Downey citizens find a place. To be placed on the next agenda. ADJOURNMENT: 9:45 p.m. The meeting was adjourned to 6:30 p.m., February 10, 1987, in the Council Chamber of Downey City Hall, for closed session. obert L. Shand, City Cleric Treasurer ,James S antange o, Mayor Council Minutes 1/27/87 -7-