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Home My WebLink AboutMinutes-04-28-87-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 28, 1987 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Proclamation - Mayor Pro Tem Boggs as Woman of Year-63rd Assembly District I Cert. of Apprec. to Joshua Leach f/Library Essay 1 Award of Excellence - Chief Engineer Robert Brace 1 Award f/Outstanding Service - Bonnie Kehoe, Recreation Division Manager 1 Proclamation - April 26 - May 2, 1987 as Keep America Beautiful Week 1 Proclamation - May 7, 1987 as a National Day of Prayer 1 Res. #4856, Decl. Underground Utility Dist. per Res. #4849 (Dist. #12-Firestone Blvd.) Adopted 2 Res. #4857, Ordering Annexation into Ltg. Maint. Dist. AD 121 (Annexation 87/01-Firestone Blvd. bet. Woodruff Ave. & E/City Limits) Adopted 2 Res. #4858, Ordering Annexation into Ltg. Maint. Dist. AD 121 (Annexation 87/02-Cheyenne Ave. bet. Paramount Blvd. & Downey Ave.) Adopted 3 Mr. Ken Miller Report on AB 339 & SB 407 City Mgr. to prep. Ltrs. 3 Linda Jennings - concern re Council Actions re joint duty as Comm. Dev. Commissioners 3 Marsha Moode re Downey Civic Light Opera returning $1,200 received as loan f/City Lois DuLac spoke in opposition to Regentview Ave. being included in Woodruff Industrial Project Removal of Items from Consent Calendar Minutes: Spec. Called Mtg., April 7, 1987 Approved Rejection of Legal Claims: Ref. #853, Hidalgo; and Ref. #858, Velaz Rejected CC #534-A, Apollo Park Parking Facility: Change Order #1 & accept improvements Approved CC #SS-387, Firestone Blvd. - Median Island Landscaping: Assess Liquidated Damages & Labor Compliance Penalties; Approve Change Orders No. 1-14; & accept improvements Approved CC #549, Tree Trimming - Citywide: Authorize $75,000 in Acct. #10-4-3140.0700 & $25,000 in Acct. #52-4-4420.0700 & auth. to advertise General Warrants: #29086 - 29665 Unscheduled purchase of Police Dept. telephone switch Approved Approved Approved 4 4 4 4 4 4 4 4 4 4 Page 1 of 3 COUNCIL MINUTES, APRIL 28, 1987 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Water Capital Improvement Bonds: Authorize John Fitzgerald (Seidler -Fitzgerald) to serve as financial advisor Approved 4 General Plan Land Use Amendment 87-1 f/property 7749 Florence Ave. (appl. Downey Assistance League) Hearing set 5/12 4 Housing Element - City's Comprehensive Plan Hearing set 5/26 4 General Plan Amendment 87-2, & Zone Chng. 237 _ re properties 11027-29-33-43-49-53 & 11105-11-13 Old River Sch. Rd. (appl. Christos Smyrniotis) Hearing set 5/12 4 Appeal on Conditional Use Permit #246 f/property 11837 Downey Ave. (appl. Dominick Marino; owner- Misak Tebelekian) Hearing set 5/12 4 Appeal on Conditional Use Permit #243 f/property 8345 Firestone Blvd. (Sheppard Development U.B.C.) Hearing set 5/12 4 Res. #4859, Apprv. Amendment to Joint Exercise of Powers Agrmt./SEAACA Authority -adding South E1 Monte Adopted 5 Res. #4860, Decl. intention to establish Underground Utility Dist. #13-along Alley E/0 Downey Ave. & betw. Firestone Blvd. & Second St. Adopted 5 Res. #4861, Apprv. Amendments to the SEAACA Joint Powers Agrmt.providing f/distribution of Assets in Event of Termination Adopted 5 Ord. #850 re Rev. of Section 7100, et seq., rel. — to Public Works Activities Introduced 5 Paramedic Program Staff Rpt., March 31, 1987 Receive & file 5 Purchase of two fire trucks f/San Diego Fire Equipment Co., Inc., for a price not to exceed $386,963.49 Approved 5 Design Review Board/Building Appeals Board Rpt. Continued to 5/26 5 Schedule Budget Study Sessions Notices will be posted 5 Res. #4862, Consenting to Joint Public Hrg. w/ Comm. Dev. Comm. on Redevelopment Project Amendment No. 4 Adopted; Hrg. set 6/9 6 Res. # 4863, Consenting to Joint Public Hrg. w/ Comm. Dev. Comm. on Redevelopment Plan f/Woodruff Industrial Project Adopted; Hrg. set 5/26 6 Res. #4864, Apptmt. of Joel H. Lubin -Downey Citizens Charter Review Comm./Dist. 5 Approved 6 Cn. Barb req. Staff Rpt. on Status of Downey Civic Light Opera Assn. 6 _ Cn. Paul re concern of recall & lawsuit threats 6 Cn. Paul req. Closed Session re personnel matters 6 Cn. Cormack re threats of lawsuit & recall 6 Page 2 of 3 COUNCIL MINUTES, APRIL 28, 1987 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cn. Cormack inq. if questionnaires re use of property under power line right-of-way were mailed 6 Mayor Pro Tem Boggs expressed regret on becoming angry earlier in the meeting Closed Session re personnel matters Adjourned to 6:30 p.m., May 12, 1987, for closed session, in the Council Chamber of Downey City Hall R 7 7 Page 3 of 3 «(_') , _) MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 28, 1987 The City Council of the City of Downey held a regular meeting at 8:45 p.m., 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: William Martin, Police Chief (Acting 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 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 Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Richard Redmayne, Office Engineer Vernita Anderson, Traffic Engineer Robert Brace, Civil Engineer Sylvia Garcia, Communications Specialist Bonnie Kehoe, Recreation Division Manager Karen Nobrega, Administrative Assistant Ed Velasco, Manager of Housing Joyce Baker, Executive Secretary PRESENTATIONS The Honorable Wayne Grisham, Assemblyman of the 63rd District, read in full a Proclamation recognizing Mayor Pro Tem Diane Boggs as Woman of the Year - 63rd Assembly District. Mayor Santangelo read in full a Certificate of Appreciation to Joshua Leach for a Library Essay. Joshua read his essay/poem in full and received appreciation from the audience. Mayor Santangelo presented Chief Engineer -Robert Brace with an Award of Excellence from the Southern California Ready Mixed Concrete Association and the Portland Cement Association for projects in Southern California which have been judged to be of outstanding value. Mayor Santangelo presented Recreation Division Manager -Bonnie Kehoe with the California Park and Recreation Society Award for Outstanding Service to the State Society. Mayor Santangelo read in full a Proclamation proclaiming April 26 - May 2, 1987 as Keep America Beautiful Week. "No Mess Mouse" and "Recycle Rabbit", mascots for this event, made a fun appearance. Mayor Santqangelo read in full a Proclamation proclaiming May 7, 1987 as a National Day of Prayer. The Council recessed at 9:00 p.m. and reconvened at 9:05 p.m. with all Council Members present. HEARINGS Mayor Santangelo relinquished the gavel to Mayor Pro Tem Boggs and abstained from participation during this hearing. Council Minutes 4/28/87 -1- A Public Hearing on Underground Utility District No. 12, Lighting Maintenance District A.D. 121, Annexation 87/01 - Firestone Boulevard between Woodruff Avenue and the East City limits. City Clerk Young affirmed the Proof of Publication and the Affidavits of Mailing and Posting of Notice. It was moved by Council Member Cormack, seconded by Council Member Paul, and unanimously passed to receive and file. City Clerk Young stated that there were no written protests or objections filed against the subject annexation. Mayor Pro Tem Boggs called for those in the audience who wished to speak in Protest: There were none. Mayor Pro Tem Boggs then called for those wishing to speak in Favor of the proposed annexation. Ms. Norma Blackburn, 115271 N. 4th St., Fresno (represented owner of property at 9511 E. Firestone Blvd.), asked for information regarding this project. Director of Public Works, Ralph, spoke to Ms. Blackburn in the lobby. It was moved by Council Member Barb, seconded by Council Member Cormack, and passed 4-0 (Mayor Santangelo abstaining) to close the Public Hearing. RESOLUTION NO. 4856 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING THAT AN UNDERGROUND UTILITY DISTRICT BE FORMED PURSUANT TO RESOLUTION NO. 4849 (DISTRICT NO. 12 - FIRESTONE BOULEVARD) The Resolution was read by title only. It was moved by Council Member Cormack, seconded by Council Member Barb, and passed 4-0 (Mayor Santangelo abstaining) to waive further reading and to adopt. RESOLUTION NO. 4857 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN AREA INTO LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THOSE AREAS (ANNEXATION 87/01 FIRESTONE BOULEVARD BETWEEN WOODRUFF AVENUE AND THE EAST CITY LIMITS) The Resolution was read by title only. It was moved by Council Member Cormack, seconded by Council Member Paul, and passed 4-0 (Mayor Santangelo abstaining) to waive further reading and to adopt. A Public Hearing on Lighting Maintenance District A.D. 121 Annexation 87/02 - Cheyenne Avenue between Paramount Boulevard and Downey Avenue. Mayor Pro Tem Boggs continued chairing during this Public Hearing with Mayor Santangelo abstaining from participation. City Clerk Young affirmed the Proof of Publication and the Affidavits of Posting of Notice. City Clerk Young stated that there were written protests to the Annexation as follows: (1) Letter from Olga DeKay, 1308 Gneiss Ave.; (2) Petition/Letter from in the 8000 block of Cheyenne Avenue; and (3) Letter from George E. Johnson of 8029, 8033, and 3037 Cheyenne Avenue. It was moved by Council Member Cormack, seconded by Council Member Paul, and passed 4-0 (Mayor Santangelo abstaining) to receive and file the foregoing letters. Mayor Pro Tem Boggs called for those in the audience wishing to speak in Opposition to the proposed Annexation. Mr. George Johnson, 8029 Cheyenne Ave. (also owns property at 8033 and 8037 Cheyenne Ave.), requested street lighting not be installed on the 8000 block of Cheyenne Ave. because it would be a financial burden as he lives on a retirement Council Minutes 4/28/87 -2- fixed income from the U.S. Navy and his two tenants live on limited Social Security incomes. Mr, and Mrs. John DeKay, 1308 Gneiss Ave., (also own property at 8202, 8206, and 8036 Cheyenne Ave.), stated that as a landlord any additional costs to the property would have to be passed on to the tenants, most of whom are senior citizens and retired. Mr. DeKay stated that his wife would like to have her name removed from the petition that had been circulated as she did not understood it at the time. Mr. Keith Clawson, 8024 and 8026 Cheyenne Ave., said he is opposed to annexation because some of his renters cannot afford higher rents as they live on fixed incomes. Mayor Pro Tem Boggs called for those wishing to speak in Favor of the proposed Annexation. Ms. Andrea Gordon, 8200 Puritan St. (also owns property at 12934 Gneiss St.), clarified that the alley directly north was included and therefore is in support of Lighting District. Ms. Carmen Vineyard, 8153 Cheyenne Ave., stated her area has needed help for a long time. She thanked City for their help and support in cleaning up this area. At her request, nine people in the audience stood in support of the Lighting District. Mr. Ralph summarized opposition on file to a portion of this Annexation. He advised that the 1972-Lighting Maintenance District Act requires that the City Council overrule a majority protest by a 4/5 vote. It was moved by Council Member Cormack, seconded by Council Member Barb, and passed 4-0 (Mayor Santangelo abstaining) to close the Public Hearing. It was moved by Council Member Cormack, seconded by Council Member Barb, and passed 4-0 (Mayor Santangelo abstaining) that the protests be overruled. Council Members commented on their support of the overrule due to the need for added security in this area due the high crime statistics. RESOLUTION NO. 4858 A RESOLUTION OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN AREA INTO LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THOSE AREAS (ANNEXATION 87/02 CHEYENNE AVENUE BETWEEN PARAMOUNT BOULEVARD AND DOWNEY AVENUE) The Resolution was read by title only. It was moved by Council Member Cormack, seconded by Council Member Barb, and passed 4-0 (Mayor Santangelo abstaining) to waive further reading and to adopt. Mayor Santangelo resumed the gavel. ORAL COMMUNICATIONS - Items not on Agenda Mr. Ken Miller, 7336 Cleargrove Dr. (recognized as Past Councilman and Mayor), addressed the Council presenting an analysis of Assembly Bill 339 (Campbell) and Senate Bill 407 (Cortese) relative to "Low and No Property Tax Cities". Council asked that Mr. Miller work with the City Manager in preparing letters from the City to our Legislators and to the Independent Cities Association. Ms. Linda Jennings, P.O. Box 1241, La Mirada (daughter of Mr. and Mrs. Leo DuLac Downey), expressed general concern re Council actions, especially related to the joint duty as Community Development Commissioners, and to a joint session of the two bodies for consideration of Regentview Ave. (Woodruff Industrial Project). She also threatened lawsuit and recall action. Ms. Marsha MDode, Public Relations Representative, Downey Civic Light Opera„ 7903 2nd St., stated that the Downey Civic Light Opera Association would Council Minutes 4/28/87 -3- g2la return the $1,200.00 received as a loan from the City to the City as payment for rent due. Council Member Barb presented concerns and questions regarding the Downey Civic Light Opera Association during Oral Communications from the Council, Mrs. Lois DuLac, 12031-1/4 Regentview Ave., referenced letters presented earlier in the week to Mr.Cutts in opposition to Regentview Ave. being included in the Woodruff Industrial Project area, and submitted an informal petition/letter from owners of businesses located on the DuLac industrial property (Regentview Ave.). CONSENT CALENDAR Mayor Santangelo asked that Items G-4 and G-5 be removed so that he would be able to abstain from voting on these matters; and that Item G-6 be removed to enable separate discussion. It was moved by Council Member Cormack, seconded by Council Member Boggs, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Special Called Meeting, April 7, 1987: Approved. Rejection of Legal Claims: Ref. # 853 - Olivia Hidalgo; Ref. # 858 - John Velaz and Richard Velaz: Rejected. Cash Contract No. 534-A - Apollo Park Parking Facility:Approve Change Order No. 1, accept improvements constructed, and accept maintenance responsibility: Approved. Cash Contract No. SS-387 - Firestone Boulevard - Median Island Landscaping: Assess Liquidated Damages in the amount of $1,200; assess Labor Compliance Penalties in the amount of $425; approve Change Orders Nos. 1 thru 14; accept improvements constructed; and accept maintenance resonsibility for the improvements constructed: Approved. Cash Contract No. 549 - Tree Trimming, Citywide: Authorize $75,000 in Account No. 10-4-3140.0700 and $25,000 in Account fJo. 52-4-4420.0700 for use in this work, and grant authority to advertise for bids: Approved. General Warrants: 129086 - 29665 $2,041,938.69. Approved. Unscheduled purchase of Police Dept. telehone switch: Authorize purchase of switch from GTEL for $45,000 to be funded out of existing police budget savings: Approved. Water Capital Improvement Bonds - Selection of Financial Advisor: Authorization to contract with John Fitzgerald of Seidler -Fitzgerald to serve as financial advisor to City's Water Capital Improvement Bonds: Approved. General Plan Land Use Amendment 87-1 for Property located 7749 Florence Ave. (appl. Downey Assistance League): Sets Public Hearing for 7:30 p.m., May 12, 1987, in the Council Chamber of the Downey City Hall. Housing Element - City's Comprehensive General Plan: Sets Public Hearing for 7:30 p.m., May 26, 1987, in the Council Chamber of Downey City Hall. General Plan Amendment 87-2, Zone Change Case 1237 for Property located at 11027, 29, 33, 43, 49, 53,and 11105, 11, 13 Old River School Road (appl. Cristos Smyrniotis) to Amend the City's adopted General Plan: Sets Public Hearing for 7:30 p.m., May 12, 1987 in the Council Chamber of the Downey City Hall. Appeal on Conditional Use Permit #246 for Property Located at 11837 Downey Ave. (appl. Dominick Marino; owner - Misak Tebelekian): Sets Public Hearing for 7:30 p.m., May 12, 1987, in the Council Chamber of the Downey City Hall. Appeal on Conditional Use Permit #243 for Property located at 8345 Firestone Blvd. (Sheppard Development U.B.C.): Sets Public Hearing for 7:30 p.m., May 12, 1987, in the Council Chamber of the Downey City Hall. Council Minutes 4/28/87 -4- RESOLUTION NO. 4859 (ADOPTED) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITIES OF DOWNEY, NORWALK, PICO RIVERA, BELL GARDENS, LYNWOOD, MONTEBELLO AND PARAMOUNT TO ADMIT THE CITY OF SOUTH EL MONTE AND AMEND THE JOINT POWERS AGREEMENT RESOLUTION NO. 4860 (ADOPTED) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ESTABLISH AN UNDERGROUND UTILITY DISTRICT ALONG THE ALLEY EAST OF DOWNEY AVENUE AND BETWEEN FIRESTONE BOULEVARD AND SECOND STREET AND CAUSING ALL SPECIFIED UTILITIES THEREIN TO BE RELOCATED UNDERGROUND (DISTRICT NO. 13) (Sets Public Hearing for 7:30 p.m., May 26, 1987) RESOLUTION NO. 4861 (ADOPTED) A RESOLUTION OFTHE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AMENDMENTS TO THE SOUTHEAST AREA ANIMAL CONTROL AUTHORITY JOINT POWERS AGREEMENT PROVIDING FOR DISTRIBUTION OF THE AUTHORITY'S ASSETS IN THE EVENT OF TERMINATION AYES: 5 Council Members: Boggs, Cormack, Barb, Paul, Santangelo ORDINANCES ORDINANCE NO. 850 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPEALING CHAPTER 1 OF ARTICLE VII CONSISTING OF SECTIONS 7100-7175.8 OF THE DOWNEY MUNICIPAL CODE, AMD ADDING TO ARTICLE VII, CHAPTER 1, CONSISTING OF SECTIONS 7100-7194, ALL RELATING TO PUBLIC WORKS ACTIVITIES IN CITY STREETS The Ordinance was read by title only. It was moved by Council Member Boggs, seconded by Council Member Cormack, and passed by unanimous vote to waive further reading and Introduce Ordinance No. 850. RESOLUTIONS: None here (see above hearings and consent calendar. ADMINISTRATIVE REPORTS Fire: Paramedic Program Staff Report, March 31, 1987. Council commended the report and it was moved by Council Member Barb, seconded by Council Member Paul, and by passed by unanimous vote to receive and file. Admin. Svcs.: Purchase of Two Fire Trucks. It was moved by Council Member Cormack, seconded by Council Member Boggs, and passed by unanimous vote that staff be authorized to commit to the purchase of two fire trucks from San Diego Fire Equipment Co., Inc., for a price not to exceed $386,963.49. Comm. Dev.: City Design Review Board/Board of Building Appeals: There being no objection, this report was continued to the meeting of May 26, 1987. Admin. Svcs.: Schedule Budget Study Sessions. Council agreed on four times and dates for Budget Study. Notices of these meetings will be posted pursuant to law. Council Minutes 4/28/87 -5- Q,2A -2-- ITEMS REMOVED FROM CONSENT CALENDAR Mayor Santangelo relinquished the gavel to Mayor Pro Tem Boggs and abstained from participation on the following two items of business. RESOLUTION NO. 4862 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONSENTING TO A JOINT PUBLIC HEARING WITH RESPECT TO THE REDEVELOPMENT PLAN FOR DOWNEY REDEVELOPMENT PROJECT AMENDMENT NO. 4 (Sets Public Hearing for 7:30 p.m., June 9, 1987) The Resolution was read by title only. It was moved by Council Member Cormack, seconded by Council Member Barb, and passed 4-0 (Mayor Santangelo abstaining) to waive further reading and to adopt. RESOLUTION NO. 4863 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONSENTING TO A JOINT PUBLIC HEARING WITH RESPECT TO THE REDEVELOPMENT PLAN FOR WOODRUFF INDUSTRIAL PROJECT (Sets Public Hearing for 7:30 p.m., May 26, 1987) The Resolution was read by title only, It was moved by Council Member Cormack, seconded by Council Member Barb, and passed 4-0 (Mayor Santangelo abstaining) to waive further reading and to adopt. RESOLUTION NO. 4864 A RESOLUTION OF THE CITY COUNCIL OF THE CITY DOWNEY APPROVING THE APPOINTMENT OF JOEL H. LUBIN AS A MEMBER OF THE DOWNEY CITIZENS CHARTER REVIEW COMMITTEE FOR COUNCILMANIC DISTRICT FIVE The Resolution was read by title only. It was moved by Council Member Boggs, seconded by Council Member Paul, and passed by unanimous vote to waive further reading and to adopt. OTHER BUSINESS - Staff Members: None OTHER BUSINESS - City Council: Council Member Barb: 1. Asked for a Staff Report bringing Council up-to-date on the status of the Downey Civic Light Opera Association - especially related to loans since "Prop 13", status on financial statements due, and whether the City is responsible for deficits. Council Member Paul: 1. Expressed concern regarding recall and lawsuit threats since citizens can instead come to Council, working together for ways to solve a community problem or concern. 2. Requested a brief closed session to complete discussion on personnel matters. Council Member Cormack: 1. Reiterated those statements made by Council Member Paul regarding threats of lawsuit and recall. 2. Asked if the questionnaries regarding use of property under power line right-of-way had been mailed. Mayor Pro Tem Boggs: 1. Expressed regret on becoming outwardly angry earlier in the meeting. Council Minutes 4/28/87 -6- CLOSED SESSION The meeting recessed to closed session at 10:35 p.m. for discussion of personnel matters. The meeting reconvened at 10:50 p.m. with all Council Members in attendance. ADJOURNMENT: 10:52 p.m. The meeting was adjourned to 6:30 p.m., May 12, 1987, in the Council Chamber of Downey City Hall, for closed session. Jenn,y/Y/"oung,Ci r -Treas rer James Santange , Mayor Council Minutes 4/28/87 -7-