HomeMy WebLinkAboutMinutes-07-14-87-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
JULY 14, 1987
TABLE OF MINUTE
ACTIONS
SUBJECT
ACTION
PAGE NO.
Proclamation declaring July, 1987 as Recreation
— and Parks Month
1
Res. #4909, Ordering Vacation of Serapis Avenue,
northerly line of which is 116.35 ft. f/Cedartree
Rd.
Adopted
2
Mr. John Gonzalez complaint re business license
2
Mrs. Mary Brown re unsightly property at 8614
Cavel St.
2
Mr. Craig Charlton re health & safety hazard
of property at 8614 Cavel St.
2
Removal of Items from Consent Calendar
2
Minutes: Adj. Reg. Mtg., 6/23/87; Reg. Mtg.
6/23/87; & Adj. Reg. Mtg., 7/6/98 (7:00 a.m.)
Approved
2
CC #SS-412, Citywide Slurry Seal: Approve specs
& grant authority to advertise
Approved
2
CC #536, Lexington Rd. - Relief Sewer: Approve
plans & specs & grant authority to advertise
Approved
2
CC #547, Pedestrian Improvements: Approve Chg.
Order #1 in amount of $1,725.20, approve Chg.
Order No. 2 in amount of $4,034.90, authorize
expenditure of SB 300 Funds budgeted in annual
resurfacing contract for Chg. Order #2, accept
improvements & maintenance responsibility for
improvements constructed
Approved
2
General Warrants #31313 - 31865, $1,912,439.91
Approved
2
Permissive CUP #87-1 for 7749 Florence Ave.
Sets Hrg. 7/28/87
2
Approve Agreement w/Downey Historical Society
f/relocation and restoration of Firestone Historic
House
Approved
2
Res. #4904, Setting New Fees for Emergency Medical
Transportation
Adopted
2
Res. #4905, Lighting Maint. Dist. AD121, Group
Lighting Annexation 1986-87 - Annex & Order
Engineer's Report
Adopted
2
Res. #4906, Approving Engineer's Rpt. f/Addition
to Lighting Maint. Dist. AD121
Adopted
3
Res. #4907, Declaring Intention to Annex into Ltg.
Maint. Dist. AD121 & Maintain & Furnish Electrical
Current to Street Lighting Fixtures
Adopted
3
Res. #4908, Opposing CA State Assembly Bill 1624
Adopted
3
Ord. #853, Amending City's Official Zoning Map
Adopted by Section 9106.06 of DMC
Adopted
3
Page 1 of 2
COUNCIL MINUTES, JULY 14, 1987
TABLE OF MINUTE"ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Ord. #854, Declaring Moratorium on Establishment of
Motels in Downey Until Study is Completed & Zoning
Regulations Developed; to be Adopted as Urgency
Ordinance Adopted 3
Meeting recessed at 9:20 p.m. & reconvened at
9:30 p.m. 4
Report on City Design Review Board/Board of
Building Appeals
Con't 8/11/87 4
Recommendation by Second Century Foundation to
Commission Artwork Depicting City Seal
Approved 4
Underground Storage Tanks: Award contract to
Envirpro, Inc. - ranging from $47,114 to $109,714
Approved 4
Weekly Street Sweeping & City -Wide Parking
Restrictions
Approved 4
Policy / Regulation of Pit Bull Terriers in
City of Downey
Curr. Ord. sufficient 5
CUP #252, f/Property Located 7862 Firestone Blvd.
Sets Hrg. 7/28/87 5
City Manager Salary for 1987-88
Con't 5
Ratify Mayor's City Council List for 1987-88
Approved 5
Cn. Santangelo asked Council to Reconsider subj. of
declaring Dolan Ave. a public street in order to
enforce the Municipal & Vehicle Codes
Con't 8/11- 5
Notify residents
Cn. Cormack re Motel/Hotel Use Report
6
Cn. Cormack re status of Newsrack Legislation
6
Cn. Cormack re citizen concern re Sign Ordinance
Violations & Redevelopment Education
6
Cn. Santangelo re City Parking Lot Study
6
Cn. Santangelo, see Dolan Ave. above
6
Cn. Paul req. Report/Study re Enforcement of
Political Sign Ordinance
6
Mayor Boggs re Ratification of Appointees
6
Mayor Boggs req. Report/Study re Enforcement of
Political Sign Ordinance
6
Council recessed to Closed Session in Adjourned
Regular Session w/Community Development Commission
at 10:25 p.m. Cn. Santangelo left meeting.
6
Meeting reconvened 10:50 p.m.
6
Meeting adj. to 7:30 a.m., July 20, 1987 in Joint
Session with the Community Development Commission
6
Page 2 of 2
8e)8
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
JULY 14, 1987
The City Council of the City of Downey held a regular meeting at 8:00 p.m., July
14, 1987, in the Council Chamber of the Downey City Hall, Mayor Diane P. Boggs
presiding.
PRESENT: Council Members:
Diane P. Boggs Mayor
Robert G. Cormack Mayor Pro Tem
Randall R. Barb
Roy L. Paul
James S. Santangelo
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
Pete Stone, Acting Police Chief
Lee Powell, Director of Administrative Services
William A. Ralph, Director of Public Works
Charles Baptista, Motor Officer
Franklin DeGroot, Principal Planner
Sylvia Garcia, Communications Specialist
Bonnie Kehoe, Recreation Division Manager
William Makshanoff, Building Official
Karen Nobrega, Administrative Assistant
Mark Sellheim, Principal Planner
Ed Velasco, Manager of Housing
Ronald Yoshiki, City Planner
Scot Yotsuya, Assistant to the City Manager
Joyce Baker, Executive Secretary
PRESENTATIONS
Mayor Boggs presented to Mr. Roger Lawrence, Chairman of the Recreation and
Community Services Commission, a Proclamation declaring the month of July, 1987
as Recreation and Parks Month.
HEARINGS
Mayor Boggs opened the hearing on Vacation-152, Serapis Avenue - Proposed
Future Street south of Cedartree Road.
City Clerk Young affirmed the affidavit of Posting of Notice. It was moved
by Council Member Santangelo, seconded by Council Member Cormack, and
unanimously carried to receive and file.
Mr. Bill Ralph, Director of Public Works, summarized the staff report.
City Clerk Young confirmed that no correspondence had been received on this
matter.
Mayor Boggs asked if there was anyone in the audience who wished to speak
for or against this proposed vacation. There were none.
It was moved by Council Member Santangelo, seconded by Council Member Paul,
and unanimously carried to close the Public Hearing.
Council Minutes 7/14/87 -1-
8N86
RESOLUTION NO. 4909
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ORDERING THE VACATION OF THE IRREVOCABLE OFFER OF DEDICATION
KNOWN AS SERAPIS AVENUE, THE NORTHERLY LINE OF WHICH IS
116.35 FEET SOUTHERLY FROM CEDARTREE ROAD AND WHICH HAS
NOT BEEN ACCEPTED FOR DEDICATION AS A PUBLIC ROAD
The Resolution was read by title only. It was moved by Council Member
Santangelo, seconded by Council Member Cormack, and unanimously carried to waive
further reading and to adopt.
ORAL COMMUNICATIONS - Items not on Agenda
Mr. John Gonzalez, 12350 Orizaba Ave., complaint regarding a business
license.
Mrs. Mary Brown, 8609 Cavel St., concerning unsightly property at 8614
Cavel St. owned by Jack Nichols. The property has been in this condition for
three years. Mrs. Brown submitted pictures to Council of the property in
question. Mayor Boggs advised that Council and staff will work together in
finding a solution to this continuing problem.
Mr. Craig Charlton, 8722 Cavel St., reaffirmed the condition of the
property at 8614 Cavel St. He also stated the property is a health and safety
hazard and is located approximately one-half block from Alameda School.
CONSENT CALENDAR
Agenda Items VI-E-1, Appeal, Conditional Use Permit #252, 7862 Firestone
Blvd. (Darwin Maxson, et al/Chien-Yu Lin), and VI-F-3, City Manager Salary for
1987-88, were removed at the request of Council Member Santangelo.
Minutes: Adjourned Regular Meeting, June 23, 1987; Regular Meeting June
23, 1987; and Adjourned Regular Meeting, July 6, 1987 (7:00 a.m.):
Approve.
Cash Contract No. S.S. 412 - Citywide Slurry Seal (Account No. 26-164112:
Approve specifications and grant authority to advertise: Approve.
Cash Contract No. 536 - Lexington Road - Relief Sewer: Approve plans and
specifications and grant authority to advertise for bids.
Cash Contract No. 547 - Pedestrian Improvements: Approve Change Order No.
1 in amount of $1,725.20, approve Change Order No. 2 in amount of
$4,034.90, authorize the expenditure of SB 300 Funds budgeted in annual
resurfacing contract (Account No. 36-16406) for Change Order No. 2, accept
improvements constructed under Cash Contract No. 547, and accept
maintenance responsibility for improvements constructed.
General Warrants #31313 - 31865, $1,912,439.91: Approve.
Permissive Conditional Use Permit 87-1 for Property Located at 7749
Florence Avenue: Set Public Hearing for July 28, 1987.
Approval of Agreement with Downey Historical Society for the Relocation
and Restoration of the Firestone Historic House: Approve Agreement between
City of Downey and Downey Historical Society.
RESOLUTION NO. 4904
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
SETTING NEW FEES FOR EMERGENCY MEDICAL TRANSPORTATION
RESOLUTION NO. 4905
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
PROPOSING TO ANNEX CERTAIN AREAS INTO THE LIGHTING MAINTENANCE
DISTRICT A.D. 121 AND ORDERING THE ENGINEER TO PREPARE AND FILE
A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
(ANNEXATIONS 87/04 THROUGH 87/62)
Council Minutes 7/14/87 -2-
828
RESOLUTION NO. 4906
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE ENGINEER'S REPORT FOR THE ADDITION TO
LIGHTING MAINTENANCE DISTRICT A.D. 121 OF
ANNEXATIONS 87/04 THROUGH 87/62
RESOLUTION NO. 4907
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA INTO THE
LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND
FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON
- STREETS AND PUBLIC PLACES
(ANNEXATIONS 87/04 THROUGH 87/62)
(Public Hearing set for August 11, 1987)
RESOLUTION NO. 4908
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
OPPOSING CALIFORNIA STATE ASSEMBLY BILL 1624
It was moved by Council Member Cormack, seconded by Council Member
Santangelo, and unanimously carried to approve the Remainder of the Consent
Calendar as recommended.
AYES: 5 Council Members: Barb, Cormack, Santangelo, Paul, Boggs
ORDINANCES
ORDINANCE NO. 853
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE CITY'S OFFICIAL ZONING MAP ADOPTED BY
SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE
(ZONE CHANGE CASE MO. 237)
The Ordinance was read by title only.
Council Member Barb confirmed with the City Attorney that he would be able
to vote on this matter even though he was not in attendance for introduction of
the Ordinance. He has reviewed all materials.
Council further discussed their desire to maintain the single-family
residential, low -density housing in Downey and the viability of development of
this particular area as R-1.
It was moved by Council Member Cormack, seconded by Council Member Barb,
and defeated 2-3 (Council Members Cormack and Barb voting yes) to waive further
reading and to reject (not adopt) this Ordinance.
It was moved by Council Member Santangelo, seconded by Council Member Paul,
and carried 3-2 (Council Members Cormack and Barb voting no) to waive further
reading and to adopt this Ordinance No. 853.
ORDINANCE NO. 854
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DECLARING A MORATORIUM ON THE ESTABLISHMENT OF MOTELS
IN THE CITY OF DOWNEY UNTIL A STUDY IS COMPLETED AND
ZONING REGULATIONS DEVELOPED FOR SUCH USE; 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 full.
Mr. Jim Cutts, Director of Community Development, summarized the staff
report, further confirming that the Downey Municipal Code does not have
appropriate standards to address these types of developments (motels) within the
City.
Council Minutes 7/14/87 -3-
8
Mr. Joseph Lumsdaine, 10841 Paramount Blvd., Downey, stated he is an
attorney representing the applicant Chien -Yu Lin, who is asking for a motel
development at 7862 Firstone Blvd. He referenced a letter submitted to Mayor
Boggs and urged the Council to either 1) continue; 2) ask staff to prepare a
regular ordinance; or 3) adopt this Urgency Ordinance but exempt anyone who has
a pending appeal or pending matter before the Council relating to this
moratorium. The applicant later considered continuance to November 24, 1987
following the 120 day moratorium.
After discussion, it was moved by Council Member Cormack, seconded by
Council Member Barb, and later defeated 1-3 (Council Member Cormack voting yes;
Council Member Santangelo abstaining) to amend the Urgency Ordinance, Section 2,
second line, and remove the words "or grading permit or conditional use permit."
Mr. Henry Chang, 5213 Rosemead Blvd., San Gabriel (Owner of the Lakewood
Inn Project at 11510 Lakewood Blvd.) and Dimitri Zafaris, 7245 Hillside Ave.,
Los Angeles, (representing architect for this project) addressed the Council
prior to the above vote to plead extreme hardship if this amendment is
approved. They pointed out that this project has already been through one
moratorium and that demolition has taken place and grading stakes are in place.
It was moved by Council Member Paul, seconded by Council Member Cormack,
and carried 4-0 (Council Member Santangelo abstaining) to adopt Urgency
Ordinance No. 854.
The meeting recessed at 9:20 p.m. and reconvened at 9:30 p.m. with all five
Council Members present.
RESOLUTIONS: None (see above Hearings and Consent Calendar)
ADMINISTRATIVE REPORTS
Report on City Design Review Board/Board of Building Appeals
There being no objections, the item was continued to the meeting of July
28, 1987 and later, by unanimous motion, continued to August 11, 1987.
Recommendation by Second Century Foundation to commission a piece of
artwork depicting the City seal for City Hall
Niles Palmer, Artist, showed a slide presentation of his artwork at various
public facilities. A recommendation was submitted by the Second Century
Foundation to commission a piece of artwork depicting the City seal for mounting
at City Hall, and to approve the $4,200.00 cost of same.
It was moved by Council Member Santangelo, seconded by Council Member Barb,
and unanimously carried to approve the foregoing recommendation.
Underground Storage Tanks
Mr. Bill Ralph, Director of Public Works, summarized staff's
recommendation.
It was moved by Council Member Santangelo, seconded by Council Member Barb,
and unanimously carried, Relative to Underground Storage Tanks Report, to award
a contract ranging from $47,114.00 to $109,714.00 (depending on need for
repairs) to Envirpro, Inc. for revitalization of the City's eighteen underground
storage tanks pursuant to the State Underground Storage Tank Act (CAC 2640-
2714).
Weekly Street Sweeping and City -Wide Parking Restrictions
Mr. Bill Ralph, Director of Public Works, summarized staff's report.
It was moved by Council Member Santangelo, seconded by Council Member Paul,
and unanimously carried, relative to Weekly Street Sweeping and City -Wide
Parking Restrictions, to approve the program as outlined in the report from the
philosophical standpoint and to direct staff to proceed as set forth in the
report.
Council Minutes 7/14/87 -4-
8 ,189
Policy for_the Regulation of Pit Bull Terriers in Downey
It was moved by Council Member Barb, seconded by Council Member Paul, and
unanimously carried to receive and file the report regarding Policy for the
Regulation of Pit Bull Terriers in Downey, therefore relying upon the present
provisions of the Model Animal Control Ordinance to address the concern over Pit
Bulls.
Council Member Cormack withdrew his previous request for a new ordinance
regulating Pit Bull Terriers in Downey.
ITEMS REMOVED FROM CONSENT CALENDAR
Conditional Use Permit 1252 for Property Located 7862 Firestone Boulevard
It was moved by Council Member Santangelo, seconded by Council Member Paul,
and unanimously carried that the Public Hearing for Conditional Use Permit #252
for Property Located at 7862 Firestone Boulevard be set for July 28, 1987.
City Manager Salary for 1987-88
There being no objections, the Resolution regarding the City Manager Salary
for 1987-88 was continued.
OTHER BUSINESS AND ITEMS FOR FUTURE AGENDAS
Staff Members:
Mr. Cutts, Director of Community Development, asked that consideration of
the Board of Building Appeals/Design Review Board be considered on August 11,
1987.
It was moved by Council Member Cormack, seconded by Council Member
Santangelo, and unanimously carried that the previously continued Building
Appeals/Design Review Board matter be now continued to August 11, 1987.
Mr. Norman Horney, 9102 Angell St., Chairman of the Design Review Board
stated that he could not be in attendance on August 11, 1987, but supports the
staff recommendation. Mr. Horney said he would try and have another member of
the Design Review Board present on August 11, 1987.
Mayor Boggs apologized to Mr. Horney for delay of this matter.
It was moved by Council Member Cormack, seconded by Council Member Paul,
and unanimously carried to ratify the Mayor's City Council List for 1987-88 and
to:
RESOLVE that Robert G. Cormack, a member of the City Council of
the City of Downey, is hereby selected and designated as an alternate
of the Board of Directors of County Sanitations Districts Nos. 2 and 18
of Los Angeles County to act in the place of the presiding officer of
the City Council during her absence, inability, or refusal to act as
as a member of said Board of Directors.
Adopted this 14th day of July, 1987.
Council Member Santangelo asked that the City Council reconsider the
subject of declaring Dolan Ave. a public street in order to enforce the
Municipal and Vehicle Codes.
It was moved by Council Member Santangelo, seconded by Mayor Boggs, and
carried 4-1 (Council Member Paul voting no) to remove this item from the table
(tabled September 10, 1985) for discussion at the meeting of August 11, 1987 and
that all residents on the street be advised of that meeting.
Council Minutes 7/14/87 -5-
800
Council Member Cormack:
1. Requested a Motel/Hotel Use Report (for a future agenda).
2. Asked status of Newsrack Legislation. The City Attorney responded with
steps taken to date which include Downey's participation in any appeal
by the City of Alameda in a class action suit; notification of the
League of California Cities and the Independent Cities Association as
to Downey's interest in legislation; a meeting with the Deputy District
Attorney relative to prosecution; and a request to the Legislature
requesting sponsorship of legislation to insure cities regulation.
3. Mentioned citizen concern regarding Sign Ordinance Violations and
Redevelopment Education.
Council Member Santangelo:
1. Asked for a City Parking Lot Study (for a future agenda).
2. See Dolan Avenue (above).
Council Member Paul:
1. Requested a Report/Study re Enforcement of the Political Sign
Ordinance.
Mayor Boggs:
1. See Ratification of Appointees above.
2. Joined with Council Member Paul in his request for a Report/Study re
Enforcement of the Political Sign Ordinance.
Mayor Boggs announced the Council is recessing to Closed Session in
Adjourned Regular Session with the Community Development Commission (see
separate minutes of Adjourned Regular Session) for the purpose of discussing
pending litigation pursuant to the provisions of Section 54956.9 - Government
Code, Subdivision (b) at 10:25 p.m. Council Member Santangelo left the meeting
at this point.
The meeting reconvened at 10:50 p.m. with Council Members Boggs, Barb,
Cormack, and Paul in attendance.
ADJOURNMENT- 10:50 p.m.
The meeting was adjourned to Monday, 7:30 a.m., July 20, 1987, in Joint
Session with the Community Development Commission in the Council Chamber of the
Downey City Hall.
Jeoo ii� erk-Tray er
Diane P. Boggs, Mayor
Council Minutes 7/14/87 -6-