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HomeMy WebLinkAboutMinutes-02-24-87-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 24, 1987 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Introduction of City Clerk Jenny Young & Traffic Engineer Vernita Anderson 1 Proclamation decl. March 1987 as Drug & Alcohol Abuse Awareness Month 1 Proclamation decl. February 1987 as American History Month 1 Proclamation decl. March as Mental Retardation Month 1 Joint hearing w/Community Dev. Comm. re Disposi- Hearing closed; tion & Development Agmt. Agreement withdrawn 1 Lennie Whittington re contamination of water Systems in the State & City 1 Removal of Items from Consent Calendar 2 Minutes: Adj. Reg. Mtg., Feb. 10, 1987; & Reg. Mtg., Feb. 10, 1987 Approved 2 Rejection of Legal Claim: Ref. #835 - Lotero Rejected 2 General Warrants: #27292 - 27857 Approved 2 Proposed Use, Revenue Sharing Funds Hearing set 3/10 2 Swimming Pool Agmt. w/City, Downey Unified School Dist, & Downey Swimming Pool Citizens' Committee Approved 2 Ord. #847, re Zone Change #236 (Firestone B1.) Adopted 2 Ord. re Cable TV Introduced 3 Enforcing DMC re Stored Recreational Trailers vs. Motorized Recreational: Instruct staff to go forward with the investigation on storage Approved 3 CC #534-A, Apollo Park Parking Facility: Appro- priation & award contract to Copp Contracting Approved 3 CC #SS-405, Part I - Gutter Const.; Part II - Misc. Repairs; & Part III, Tweedy Ln.: Transfer of funds; appropriations; & award contract to Shawnan Corp. Approved 4 Obscenity Regulation - Publication Vending Machines: Motion to enforce current statutes Approved; Police Dept. in the Penal Code to begin investigation 4 Obscenity Regulation - Publication Vending Machines: Report Received & filed 4 Obscenity Regulation - Publication Vending Machines: Motion to send letter to all vendors who currently sell publications in City advis- ing them the City intends to pursue & prosecute violations for sale of items pursuant to the State enacted Harmful Statute Approved 4 Page 1 of 2 COUNCIL MINUTES, FEBRUARY 24, 1987 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Professional Lobbyist for City: Select Mr. Joe Gonzalvez on month -to -month basis at fee not to exceed $2,000 a month w/provision for Council to supply specific goals Approved 5 Downey Art Museum Air Conditioniung Removed from Agenda 6 Completion of Firestone Demonstration Project's Private Improvements Phase: Accept private imprvmts. & increase in contract price with LXA Const., which will be repaid to CDBG account Approved 6 Water Capital Improvement Bonds: Auth, staff to request proposals for bond counsel & financial advisor Approved 6 Res. establishing Fee Schedule for Planning Comm. Staff to come back 7 Cn. Barb re request from citizens for limiting overnight parking on street 7 Cn. Paul re Cheyenne Revitalization Proj. 7 Cn. Cormack re citizen reports re favorable attitude of staff 7 Mayor Pro Tem Boggs re gas station services 7 Meeting adjourned to 6:30 p.m., March 10, 1987 7 Page 2 of 2 viC�V MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 24, 1987 The City Council of the City of Downey held a regular meeting at 7:30 p.m., February 24, 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 Jenny Young, City Clerk -Treasurer James R. Cutts, Director of Community Development Ronald Irwin, Fire Chief James R. Jarrett, Director of Community Services Lee Powell, Director of Administrative Services William A. Ralph, Director of Public Works Harald J. Henriksen, City Engineer William Makshanoff, Building Official Pete Stone, Police Captain Ed Velasco, Housing Manager Jake Wager, Redevelopment Manager Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Vernita Anderson, Traffic Engineer Judy McDonnell, Deputy City Clerk PRESENTATIONS Mayor Santangelo introduced City Clerk Jenny Young and Traffic Engineer Vernita Anderson. Mayor Santangelo read into the record a Proclamation declaring March 1987 as Drug and Alcohol Abuse Awareness Month. Mayor Santangelo presented to Ms. Becky Shay, Regent of the Daughters of American Revolution, Santa Gertrudes Chapter, a Proclamation declaring February 1987 as American History Month. Mayor Santangelo presented to Mr. Anthony Domenick, President of the Asso- ciation of Retarded Citizens, and Ms. Lana DeFord, trainee at the Southeast Work Training Center, a Proclamation declaring March as Mental Retardation Month. Mr. Domenick invited everyone to attend the 16th anniversary of the day training activity center on Monday, March 2nd. HEARINGS Mayor Santangelo turned over the Chair to Mayor Pro Tem Boggs. Mayor Pro Tem Boggs opened the joint public hearing with the Community Development Commission regarding Disposition and Development Agreement with Downey Sports Cars (dba Downey Toyota), which was continued from the regular meeting of January 27, 1987. It was moved by Councilman Barb, seconded by Councilman Paul, and so ordered to close the hearing and withdraw the agreement. Mayor Santangelo resumed as Chairman of the meeting. ORAL COMMUNICATIONS - Items not on Agenda Mr. Lennie Whittington, 8542 Manatee, distributed to the City Council documentation and newspaper articles concerning Contamination of Water Systems in the State of California and in the City of Downey and said eight out of nine Council Minutes 2/24/87 -1- a�E1 wells tested in the City in 1985 were found to be contaminated. He commented regarding his investigation of this matter, quoted from a newspaper article, and said he feels it was a deliberate attempt by staff and the City Council to hide this information from the public. He asked that this be placed on the Agenda for action by the Council and that all 40 wells in Downey be tested, making the results known to the public. Councilman Cormack mentioned that if the contamination had been reported anywhere near dangerous, it would have been pointed out by the Director of Public Works. Mayor Santangelo said the Director of Public Works has been on top of this situation since he first became aware of it, and there were no facts hidden from the public. Mr. Ralph said his family drinks the water, and he is totally convinced the water is safe. He mentioned the United States has the most stringent water standands in the world, the State of California exceeds those standards in many cases, and the City of Downey has met or exceeded the State's standards in every case. He explained one well was re -tested with the most accurrate method available and found to be substantially less and not anywhere close to the action level. When asked if he would continue to monitor and test the wells, Mr. Ralph replied staff is testing and monitoring in excess of what is required by the State. He feels that in view of articles and statements in the press, it is necessary to start publishing information to make the public more aware of what is happening and what protection is available. Councilman Barb pointed out that of the 43 cities and water companies listed in the report, 36 had to either close, blend, or treat wells. Downey was one of only seven cities in Los Angeles County where all of its wells met compliance, and he feels Mr. Ralph and the Water Board should be commended for what they have done. CONSENT CALENDAR Agenda Item VI-F-1, Completion of Firestone Demonstration Project's Private Improvements Phase; and VI-G-1, Resolution regarding Increase of Planning Divi- sion Fees, were removed at the request of Mayor Pro Tem Boggs. Agenda Item VI-F-3, Water Capital Improvement Bonds, was removed at the request of Mr. Lennie Whittington. It was moved by Councilman Cormack, seconded by Mayor Pro Tem Boggs, and passed by the following vote to approve Remainder of the Consent Calendar: Minutes: Adjourned Regular Meeting, February 10, 1987; and Regular Meeting, February 10, 1987. Rejection of Legal Claim: Ref. 1835, Jaime Lotero. General Warrants: #27292 - 27857, $2,223,853.12. Proposed Use, Revenue Sharing Funds: Set hearing for 7:30 p.m., March 10, 1987, in the Council Chamber of Downey City Hall. Swimming Pool Agreement among the City of Downey, Downey Unified School District, and the Downey Swimming Pool Citizens' Committee. AYES: 5 Council Members: Boggs, Cormack, Barb, Paul, Santangelo ORDINANCES ORDINANCE NO. 847 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. 236) (8613-51 Firestone Boulevard) The Ordinance was read by title only. It was moved by Mayor Pro Tem Boggs, seconded by Councilman Cormack, and passed by unanimous vote to waive further reading and to adopt. Council Minutes 2/24/87 -2- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ORDINANCE NO. 679 REGARDING CABLE TELEVISION The Ordinance is read by title only. It was moved by Councilman Cormack, seconded by Councilman Barb, and passed by unanimous vote to waive further read- ing and to introduce. Mr. Dick Vanderbrosh, Vice President and Controller of Rogers Cable, presented the City with a check in the amount of $100,000. RESOLUTIONS: None ADMINISTRATIVE REPORTS Enforcing the Downey Municipal Code regarding Stored Recreational Trailers versus Motorized Recreational Vehicles Mr. Cutts commented regarding the staff report concerning recreational vehicle storage on private property, which contains illustrations showing how recreational vehicle storage violates Section 9110.14(c) of the Code. +le narrated a slide presentation of Code violations vs. Code compliance. Councilman Cormack indicated he had hoped to receive a report on what is available for storage within a reasonable distance and the waiting period, and he inquired regarding status of negotiations for using power company right-of- way for storage purposes. Mr. Cutts replied the information should be available for the next meeting. Mr. Davis explained staff has been in contact with the Department of Water & Power and Edison Company, and questionnaires will be mailed to residents adjacent to the right-of-way areas to see what they would like to see as possible use for the land. There has not been a positive response from either agency, but staff is still pursuing it. Councilman Barb suggested Mr. Cutts and Mr. Yoshiki be available after this matter to meet and answer specific questions of people in the audience. Mayor Pro Tem Boggs also suggested having copies of the diagram available for the public. Russ Wilkerson, 8242 Nada, Life President of the Good Sam Club, objected to the words "provided vehicular access to a required garage or carport is not obstructed" and discrimination between motorized and non -motorized RV's. He re- quested a review and modification of this section of the Ordinance. He was asked to speak to Mr. Cutts. Mr. Roger Wideman, 9010 Chaney, inquired regarding the setback and said his trailer is parked in the driveway, but he has access to the garage. He was also asked to speak to Mr. Cutts. It was moved by Councilman Barb, seconded by Mayor Pro Tem Boggs, and passed by the following vote to instruct staff to go forward with the investiga- tion on storage. AYES: 4 Council Members: Boggs, Cormack, Barb, Santangelo NOES: 1 Council Member: Paul Ms. Jean Curtis, 9069 Gallatin, requested clarification of the Council's action. It was moved by Councilman Barb, seconded by Mayor Pro Tem Boggs, and passed by unanimous vote to appropriate additional Park -in -Lieu funds in the amount of $6,000, transfer these funds to Account No. 40-20305 for use on Cash Contract No. 534-A, Apollo Park Parking Facility, and award a unit price contract totaling $47,226.95 to Copp Contracting, Inc. Mayor Santangelo declared a recess from 8:29 p.m. to 8:39 p.m. The meeting resumed with all Council Members present. Council Minutes 2/24/87 -3- G\ �es3 It was moved by Councilman Cormack, seconded by Mayor Pro Tem Boggs, and passed by unanimous vote to authorize the transfer of funds in the amount of $22,000 from Account No. 26-16405 to 26-16407 and $11,500 from Account No. 26- 16405 to 26-15718; appropriate additional funds in the amount of $68,000 from the Funds 36 unapropriated fund balance to Account No. 36-16405; appropriate additional funds in the amount of $2,500 from Fund 40 unappropriated fund balance to Account No. 40-15718; and award a unit price contract totaling $265,518 to Shawnan Corporation for construction of street improvements under Cash Contract No. SS-405, Part I - Gutter Construction; Part II - Miscellaneous Repairs; and Part III, Tweedy Lane. Obscenity Regulation - Publication Vending Machines Mayor Pro Tem Boggs referred to the next to last paragraph of the City Attorney's letter and suggested having an amendment to the Harmful Matters Statutes, which would allow cities and counties to enact their own regulations regarding the sale and distribution of harmful matter, including the newsracks, and contact legislators to have legislation prepared and follow it through. It was moved by Mayor Pro Tem Boggs, seconded by Councilman Cormack, and passed by the following vote to enforce current statutes in the Penal Code. Councilman Barb supported the motion and asked specifically that Mayor Santangelo, with the support of the Council, direct the City Manager to ask the Police Department to begin an investigation and work with whatever proper authorities are needed to implement the enforcement. Mayor Santangelo asked Mr. Davis to have the Police Department begin its investigation. AYES: 5 Council Members: Boggs, Cormack, Barb, Paul, Santangelo It was moved by Councilman Cormack and seconded by Councilman Paul to direct staff to prepare an ordinance that would require or restrict all printed material from being sold on public right-of-way and allow it only to be sold from vending machines on private property. (See later motion to reconsider, Page 5.) Councilman Barb feels the City should deal with the source and the material and not necessarily with the way it is distributed. AYES: 3 Council Members: Cormack, Paul, Santangelo NOES: 2 Council Members: Boggs, Barb It was moved by Mayor Pro Tem Boggs, seconded by Councilman Cormack, and so ordered to receive and file the report. It was moved by Councilman Paul, seconded by Councilman Cormack, and passed by unanimous vote to direct staff to send a letter to all vendors who currently sell those publications in the City, indicating to them the City does intend to pursue and prosecute the violation of sale of items pursuant to the State enacted Harmful Statute. Councilman Barb said the First Amendment to the U.S. Constitution guarantees the right of the newsman to sell his paper on public property, which has gone before every court in the Country. The motion approved by Council is asking staff to draft an ordinance that is in direct opposition to the United States Supreme Court, which he does not feel is logical because the material is still available and can still be sold at newsstands in front of most super- markets because it is on private property. Mayor Pro Tem Boggs concurred with Councilman Barb and indicated she is not willing to make it less convenient for people to buy the free press. In order to solve a problem she is not willing to create a bigger one by requesting an unconstitutional ordinance to be drafted by staff. Councilman Cormack said this would not be suppressing the sale of the paper but saying where it can be sold, and it would immediately curb the sale of any- thing that is not of a legitimate nature. Councilman Paul stated for the record that by directing an ordinance to be prepared, the Council will receive sufficient feedback to enable him to make an Council Minutes 2/24/87 -4- intelligent considered vote based on Supreme Court decisions. His vote on this motion is not an indication he would favor litigation. Mrs. Joyce Lawrence, 9627 Cheddar, asked if the City is calling the publi- cations pornographic, will it have to prove they are pornographic before prosecuting, and if so how can it be proved they are pornographic? Mayor Santangelo said that is something the City Attorney would have to research and bring back an answer. Councilman Barb suggested rather than drafting an Ordinance that the City Attorney report to the Council on the constitutionality. Councilman Paul made a motion, based on his vote, to reconsider the prior motion. The motion was seconded by Mayor Pro Tem Boggs and passed by the following vote: AYES: 3 Council Members: Boggs, Barb, Paul NOES: 2 Council Member: Cormack, Santangelo Mr. Newton said if it is Council's direction, he will provide a report on the proposal which was the substance of the prior motion that was reconsidered. During discussion regarding obtaining information on this matter from a law firm in Arizona, Mayor Santangelo mentioned Reverend Grana has indicated he would obtain that information. When received, he will see that it is passed on to Mr. Newton. It was moved by Councilman Cormack and seconded by Councilman Paul to select Mr. Joe Gonzalvez on a month -to -month basis for six months as the Professional Lobbyist for the City of Downey. During discussion, Councilman Barb suggested retaining Mr. Gonzalvez to handle some specific issues rather than paying him every month without a specific request. Mayor Pro Tem Boggs noted other cities that are paying less for the service and said she would like to negotiate the fee. Mayor Santangelo prefers giving Mr. Gonzalvez direction and see how effec- tive he can be. An amended motion was made by Councilman Cormack and seconded by Councilman Paul that the rate be negotiated. Mr. Newton stated if the amount is to be negotiated, there would not be a contract until there is a negotiated amount. A second amended motion was made by Councilman Barb, seconded by Councilman Cormack, and passed by the following vote to approve a fee of not to exceed $2,000 a month, with the provision that each Council Member supply to the City Manager a specific goal they have in mind for Mr. Gonzalvez to work on during the period of the agreement. Councilman Cormack indicated there will be a specific charge for each project that is given to Mr. Gonzalvez. Mayor Pro Tem Boggs mentioned she had discussed with Mr. Gonzalvez the possiblity of an item by item contract and being told it had to be an overall contract. Mr. Yotsuya explained that in addition to keeping the City informed about pending litigation that might impact the City in Sacramento, Mr. Gonzalvez would tackle specific issues the City Council may want him to represent in Sacramento for no additional charge. The agreement does refer to activities and travel outside of Sacramento, which was intended to describe any lobby activities he may do in Washington D.C. that would require an additional charge. Roll call vote on second amendment: AYES: 4 Council Members NOES: 1 Council Member: Boggs, Cormack, Barb, Paul Santangelo Council Minutes 2/24/87 -5- &�Ss Roll call vote on first amendment: AYES: 1 Council Member: NOES: 4 Council Members Failed. Cormack Boggs, Barb, Paul, Santangelo The main motion to approve the agreement, as amended, was then passed by the following vote: AYES: 4 Council Members: Boggs, Cormack, Barb, Paul NOES: 1 Council Member: Santangelo Mr. Newton explained the Council has made a counter proposal, and if Mr. Gonzalvez accepts, the City will have a contract. Downey Art Museum Air Conditioning was removed from the Agenda. ITEMS REMOVED FROM CONSENT CALENDAR Completion of Firestone Demonstration Project's Private Improvements Phase Mayor Pro Tem Boggs said this involves an additional expense to the con- tract, and she expressed concern that a contractor comes in with a low bid, is awarded the contract, and then submits a bill for additional costs. Mr. Cutts explained in this case it was not known what was behind the existing facade on a building being revitalized, and when the facade was removed, in many instances it required additional work to attach the canopy to the building. Also, there was a difference in elevation from one end of the block to the other, and since the building was constructed 40-45 years ago, it was not possible to consult any plans that might normally be available. Mayor Pro Tem Boggs feels these things should have been investigated and that by the time the low bidder submited additional costs, he could have been the high bidder. Councilman Barb asked if the occupants or owners responsible for the private improvements approved the changes. Mr. Cutts replied they have been made aware of all the changes. He responded to questions regarding financing for the project. Mayor Santangelo stated for the record he is disappointed in the outcome of the project itself, noting the gray awnings that were originally to have been blue. He also understood the agreement with the merchants included a charge for maintenance and cleaning of the awnings on a monthly or quarterly basis. Mr. Cutts explained that at the request of Council, staff renegotiated with the property owners in an attempt to obtain a merchants' association fee to pro- vide for clean-up and maintenance of the project, but that it was the unanimous desire of the property owners to not to amend the contract. It was moved by Mayor Pro Tem Boggs, seconded by Councilman Cormack, and passed by unanimous vote to accept the private improvements associated with the Firestone Demonstration Project and approve an increase in the contract price with LXA Construction, Inc., the project contractor, in the amount of $56,920, all of which will be repaid to the CDBG account. It was moved by Councilman Barb, seconded by Mayor Pro Tem Boggs, and passed by the following vote to authorize staff to request proposals for bond counsel and financial advisor in connection with the Water Capital Improvement Bonds. Mr. Lennie Whittington, 8542 Manatee, inquired how much this will increase the water rates on single family homes, apartments, and businesses and said he hopes it will be equal on businesses so that the homeowners do not bear the brunt of the rate increases. Mr. Ralph replied he does not have that information but said the water rates are the same in each one of the three zones, independent of the use, and the rates are based on the size of the meter, not the use of the property. He Council Minutes 2/24/87 -6- c: i (�5 L recalled that over a two-year period the approximate rate increase would be about 25 percent equally spread to all users. Mr. Whittington asked if the purchase of water rights from Santa Fe Springs would be included in the bond issue, and the response was yes. He was told the purchase would not be completed until there is a bond issue, unless the City wishes to finance it some other way. Mr. Whittington asked if this bond issue requires a two-thirds vote of the electorate, and the response was no. AYES: 5 Council Members: Boggs, Cormack, Barb, Paul, Santangelo It was moved by Mayor Pro Tem Boggs, seconded by Councilman Cormack, and passed by unanimous vote to reject the Resolution establishing Fee Schedules for Planning Cases. Councilman Barb asked that staff come back with some reasonable increases, noting some of the fees have been in place for eight years and costs have increased. He believes in fees as long as they are fair and serve the purpose. Mayor Santangelo asked the City Manager to have staff bring back another proposal. OTHER BUSINESS - Staff Members: None OTHER BUSINESS - City Council Councilman Barb mentioned there has been a policy, whereby a majority of a neighborhood can request and start the process for sidewalks or street lights, and he asked if the Council would object to applying the same philosophy for consideration of parking controls on a street. He has received a request from citizens for limiting overnight parking, and they have offerred to supply signa- tures of most or all property owners on the street. There were no objections of the Council Members, but some concerns were raised regarding posting and enforcement. Councilman Barb mentioned there is a law on the books which states "no overnight parking," which is not enforced. Referred to the Traffic Committee. Councilman Paul complimented the City Manager and Department Heads for the staff coordination that is taking place on the Cheyenne Revitalization Project. He also rebutted earlier comments made concerning Contamination of Water in the City. Councilman Cormack noted he has received positive reports from citizens on the changed favorable attitude of staff in their dealings with the public. Mayor Pro Tem Boggs commented regarding gas station services and mentioned many, of the air lines in the City have been damaged and not replaced. She asked about enforcement of the Ordinance as far as air, water, and window washing services. Mr. Cutts responded that staff has surveyed the 41 service stations in the City to see whether they have maintained their station as required by Code. One station was found to be not in compliance, and a letter has been sent. If there is a problem, it could be recent because a survey was made about two weeks ago. ADJOURNMENT: 9:50 p.m. The meeting was adjourned to 6:30 p.m., March 10, 1987, in the Council Chamber of Downey City Hall. James Santangelo, mayor Council Minutes 2/24/87 -7-