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-