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HomeMy WebLinkAboutMinutes-08-11-87-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 11, 1987 TABLE OF MINUTE SUBJECT Ord. Amending City's Official Zoning Map Adopted by Section 9106.06 of Downey Municipal Code A C T I O N S ACTION Introduced Res. #4916, Annexation of Ltg. Maint. Dist. A.D. 121 & Maintain & Furnish Electrical Current to St. Ltg. Fixtures Located on Streets & Public Within Those Areas Adopted Mary Mitchell re newspaper rpts. on contamination of water & Redevelopment Proj. Amendment #3 litigation pertaining to eminent domain John Gonzalez re local government use of School District facilities Lennie Whittington re water organic solvent test done at his home by Press Telegram Agenda Item VI-C-2, CC #536, Lexington Rd. Relief Sewer, removed by Cn. Santangelo Minutes: Reg. Mtg., July 14, 1987; Adj. Reg. Mtg., July 20, 1987; Adj .Reg. Mtg, July 28, 1987; & Regular Mtg., July 28, 1987 Approved CC # SS-412 - Citywide Slurry Seal - Approp. SB _ 300 funds f/$40,000, award unit price contract totaling $76,290.50 to Roy Allen Slurry Seal Inc. Approved CC #552 - Ball Courts at Golden & Independence Parks: Advertise & obtain bids f/construction of new court facilities Approved General Warrants #32268-32481 & 32502-32696, $1,651,249.21 Approved Excess Property Well Site No. 6: Declare as excess property & authorize transfer of title to property owner at 9202 Cord Ave. f/$1,200.00 Approved Extension of Operating Agreement w/Security Pacific National Bank: Authorize amendment extending term of Interest Subsidy Program Operating Agreement by 2 yrs. Approved Auxiliary Firefighter Program: Approve & direct City Mgr. & Fire Chief to proceed w/implementation Approved Ord. Authorizing Reimbursement of Minimum Expenses Incurred By Each Member of Council & Repealing Ord. #774 Introduced Motel Investigation Report Vehicle Code Enforcement of 12500 blk of Dolan Ave. (private street) Board of Bldg. Appeals/Design Review Bd. Rept. CC #536 - Lexington Rd. - Relief Sewer: Award construction contract City Mgr. submitted req, for block party 11013 Marbel Ave. Received & filed No Vehicle Code enforcement Approve Joint Board Approved Approved PAGE NO. 2 2 2 2 2 3 3 3 3 3 3 3 3 3 4 4 5 6 6 Page 1 of 2 COUNCIL MINUTES, AUGUST 11, 1987 TABLE OF MINUTE ACTIONS (Continued) SUBJECT ACTION Cn. Santangelo req. rpt, from Police Dept. re number of citations given vehicles parked on lawns per mo. f/last 6 mos. Cn. Santangelo req. status of sign violation enforcement Cn. Santangelo re graffiti & lack of property maintenance NE corner Paramount/Florence Mayor Boggs req. research of Ord. allowing private residential property to sit unattended (8614 Cavel & Orange Streets) Community Dev. Commission reconvened for a joint session with Council. Meeting recessed to closed session Meeting adjourned to an Adjourned Regular Meeting at 7:00 a.m., August 14, 1987, at the Embassy Suites Hotel, 8425 Firestone Blvd. Page 2 of 2 PAGE NO. 6 6 6 6 7 7 8 300 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 11, 1987 The City Council of the City of Downey held a regular meeting at 7:40 p.m., August 11, 1987, in the Council Chamber of the Downey City Hall, Mayor Diane P. Boggs presiding. PRESENT: Council Members: Diane P. Boggs Mayor Randall R. Barb Roy L. Paul James S. Santangelo ABSENT: Robert G. Cormack Mayor Pro Tem (excused) 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 Pete Stone, Acting Police Chief William A. Ralph, Director of Public Works Jeff Allred, Director of Personnel Charles Baptista, Motor Officer Lowell Williams, Manager of Finance Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Joyce Baker, Executive Secretary PRESENTATIONS: None HEARINGS Mayor Boggs opened the Public Hearing on Zone Change Case 1238 for Property located at 10707 Studebaker Road. City Clerk Young affirmed the Proof of Publication. City Clerk Young stated there were no written protests or objections filed. Director of Community Development Cutts summarized the staff report relating that the Planning Commission adopted Resolution No. 1044 on July 15, 1987, recommending to the City Council approval of Zone Change Case #238 for rezoning the subject property from R1-5000 (Single Family Residential) to C-2 (General Commercial). The owner of the property, Roger Penske of Penske Cadillac, has expanded his dealership and proposes to develop the site for a sales and display area of Saab automobiles, including a sales office building. Mr. Cutts then presented a slide presentation of the property and adjacent roadways. He also showed a map which outlined the present zoning on the property and the proposed zoning of same. Mayor Boggs called for those in the audience who wished to speak in favor of Zone Change Case #238. The following person came forward: Mr. William Piercey, President, Penske Cadillac, 10700 Studebaker Rd., stated this proposal is consistent with the general plan and requested approval. Mayor Boggs called for those in the audience who wished to speak in opposition of Zone Change Case #238. The following person came forward: Mr. John Gonzalez, 12350 Orizaba Ave., complaint re business taking up residential property. Mayor Boggs asked if the applicant wished to rebut. There was no response. It was moved by Council Member Santangelo to close the Public Hearing. Hearing no objections, Mayor Boggs so ordered the Public Hearing closed. Council Minutes 8/11/87 -1- 83ui ORDINANCE NO. 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 (PLANNING RESOLUTION NO. 1044, ZONE CHANGE CASE NO. 238) The Ordinance was read by title only. It was moved by Council Member Santangelo, seconded by Council Member Barb, and unanimously carried (Council Member Cormack absent) to waive further reading and to introduce. Mayor Boggs opened the Public Hearing of Protests on Lighting District Annexation 87/04 through 87/43 and 87/45 through 87/62. City Clerk Young affirmed the Affidavit of Posting of Notice and Proof of Publication. City Clerk Young stated there were no written protests or objections filed. Mayor Boggs called for those in the audience who wished to speak in protest to the annexation. There were none. It was moved by Council Member Santangelo, seconded by Council Member Barb, and unanimously carried (Council Member Cormack absent) to close the Public Hearing. RESOLUTION NO. 4916 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 (ANNEXATIONS 87/04 THROUGH 87/43 AND 87/45 THROUGH 87/62) The Resolution was read by title only. It was moved by Council Member Santangelo, seconded by Council Member Barb, and carried 3-0 (Council Member Paul abstaining; Council Member Cormack absent) to waive further reading and to adopt. ORAL COMMUNICATIONS - Items not on Agenda Mrs. Mary Mitchell, 11003 Lakewood Blvd., re newspaper reports on contamination of water and Redevelopment Project Amendment No. 3 litigation pertaining to eminent domain. Mr. John Gonzalez, 12350 Orizaba Ave., re local government use of School District facilities. Mayor Boggs requested him to take a seat when he made personal accusations towards Council Member Paul. Mr. Lennie Whittington, 8542 Manatee St., re water organic solvent test done at his home by the Press Telegram and requested Council set policy to inform public within 24 hours of health threat. Mr. Whittington submitted a copy of a letter that had been hand -delivered to the citizens of South Gate when the City had water problems. He also submitted a copy of the results of the water tests the Press Telegram performed at his residence. Mayor Boggs stated that the Council has not or will they keep secrets from the public about the water supply. She also explained that as the City gets information from the tests, it has to be properly stated to the public by the engineers and trained experts, so that unnecessary public panic is not caused. Mr. Bill Ralph, Director of Public Works, reported to the Council and audience, explaining that the City of Downey does not set water standards. The United States Environmental Protection Agency does a great deal of testing and determination as to what water standards should be in the United States. Each state must either adopt and meet these standards or adopt standards of their own that must either equal or exceed these standards. The State of California adopted standards that in most cases met these standards, and in some cases exceeded them. The City, under the jurisdiction of the State and County Health Department, must meet these standards. If the City does not meet these standards, wells are immediately shutdown and tests are continued. One of the wells mentioned by Mr. Whittington has been tested 18 times and, in most recent Council Minutes 8/11/87 -2- 8302 tests, the findings were below the Federal and State standards. The well has not been turned back on because the City is continuing to evaluate. Testing continues on the remaining wells. Mr. Ralph further explained that the quantities of contamination are very small. In other words, the risk of this level of water contamination increasing the cause of cancer is 1 out of 1,000,000 cases if they drank the water for 70 years. CONSENT CALENDAR Agenda Item VI-C-2, Cash Contract #536, Lexington Road Relief Sewer, was removed at the request of Council Member Santangelo. Minutes: Regular Meeting, July 14, 1987; Adjourned Regular Meeting, July 20, 1987; Adjourned Regular Meeting, July 28, 1987; and Regular Meeting, July 28, 1987: Approve. Cash Contract No. S. S. 412 - Citywide Slurry Seal (Account No. 16412): Appropriate SB 300 funds in the amount of $40,000, award a unit price contract totaling $76,290.50, to Roy Allen Slurry Seal Incorporated: Approve. Cash Contract No. 552 - Ball Courts at Golden and Independence Parks: Advertise and obtain bids for the construction of new ball court facilities: Approve. General Warrants #32268 - 32481 and #32502 - 32696, $1,651,249.21: Approve. Excess Property Well Site No. 6: Declare 353 square foot parcel to be excess property and authorize the transfer of title to the property owner at 9202 Cord Avenue for the sum of $1,200.00: Approve. Extension of Operating Agreement with Security Pacific National Bank: Authorize Mayor to sign amendment extending the term of the Interest Subsidy Program Operating Agreement with Security Pacific National Bank by two (2) years: Approve. Auxiliary Firefighter Program: Approve the proposed Auxiliary Firefighter Program and direct City Manager and Fire Chief to proceed with its implementation. It was moved by Council Member Santangelo, seconded by Council Member Paul, and carried by the following vote to approve the remainder of the Consent Calendar as recommended. AYES: 4 Council Members: Barb, Santangelo, Paul, Boggs ABSENT: 1 Council Member: Cormack ORDINANCES City Council Monthly Expense Reimbursement. Mr. Don Davis, City Manager, presented the staff report, explaining that this is an inflationary adjustment in the Council monthly reimbursement not a pay raise. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE REIMBURSEMENT OF CERTAIN MINIMUM EXPENSES INCURRED BY EACH MEMBER OF THE CITY COUNCIL AND REPEALING ORDINANCE NO. 774 The Ordinance was read by title only. It was moved by Council Member Santangelo, seconded by Council Member Barb, and carried 4-0 (Council Member Cormack absent) to waive further reading and to introduce. Before the foregoing vote, Mr. Lennie Whittington, 8542 Manatee St., inquired as to what the Council is getting reimbursed for, and mentioned that Council does not turn in receipts for expenses. Mayor Boggs explained that Council has travel expenses, gasoline expenses, dinner tickets, etc., and receipts are not required. Council Minutes 8/11/87 -3- 334J3 RESOLUTIONS: None (see Hearings above). ADMINISTRATIVE REPORTS Motel Investigation Report Acting Police Chief Pete Stone presented the staff report. He said that violations were found in all of the 14 motels in Downey. He further stated that all were warned and and corrective measures suggested to the owners and/or managers. The Police Department Special Enforcement Team (SET) will continue to monitor the motels. It was moved by Council Member Santangelo, seconded by Council Member Paul, and unanimously carried (Council Member Cormack absent) to receive and file the report. Council Member Barb expressed concern that the City has still not provided an enforcement tool that can be used re motel violations. He also stated he would like to see provisions of the Municipal Code strengthened regarding the 120-day limit, and further restriction on number of times per day a room can be rented. Mayor Boggs asked that the City Manager follow-up on Council Member Barb's comments. 12500 Block of Dolan Avenue, a Private Road - Feasibility and Desirability of Police Department Enforcement of Code Violations Acting Police Chief Stone presented the staff report. He said that on July 17, 1987, notices were sent to the property owners on the 12500 block of Dolan Avenue, advising them of this evening's meeting to discuss the issue of Police Department enforcement of parking and vehicle code violations on their private street. He indicated that the Police Department has not taken a position whether they should or should not enforce vehicle code violations in the 12500 block of Dolan Avenue. He further mentioned that if Council decides enforcement of such laws are necesary, it will not incur any increase in Police personnel. Council referenced earlier lengthy consideration of this same subject (Barb); questioned commercial parking in the yards (Santangelo); indicated that this is a private street resident decision (Paul); and questioned why resident would not want enforcement (Boggs). Clarification was requested on enforcement of codes other than the Vehicle Code.. Acting Police Chief Stone stated the Police Department can in fact enforce the vehicle code for vehicles parked on a front yard, but not on the street. He further advised that Code Enforcement enforces the law that prohibits business/commercial vehicles to park in a driveway on a residential street. City Attorney Newton clarified that the zoning ordinance is still enforced on private streets and covers regulations regarding businesses. A resident of the neighborhood, Mr. Sid Bachelor, 12522 Dolan Ave., narrated a slide presentation. The slides showed vehicles parked on lawns, commercial vehicles being stored and worked on in yard, cement mixer parked in street, etc. Mr. Robert Amacher, 12542 Dolan Ave., said it was his understanding that the City had issued licenses for businesses on Dolan Avenue. Mr. Cutts, Director of Community Development, read Municipal Code 9110.14, which clarified residential uses as opposed to business uses of property in a residential area. Mayor Boggs asked for a member from the audience (only a person involved in this private property) that was in favor of Police Department enforcement of code violations on the 12500 block of Dolan Avenue. She asked that the group in favor select a spokesman to represent them. Along with Mr. Bechelor, who narrated the slide presentation, the following person came forward: Council Minutes 8/11/87 -4- Mr. George Slabodnik, 12536 Dolan Ave., re the petition circulated by the opponents, asked that each signature be verified for one vote per parcel and by the owner of the property and not the tenants. He also felt that some of the people that signed the petition were not aware of what the petition meant. Mr. Slabodnik also mentioned that there were three business licenses, four trucks exceeding weight levels, boats, trailers, and related equipment on the block. He further asked that the City not issue any more business licenses to this street and that the licenses currently valid should be revoked. Mr. Slabodnik stated they are requesting the enforcement of traffic laws on private property. Mayor Boggs asked for two members from the audience that are in opposition to Police Department enforcement of code violations. The following persons came forward: Mr. Ron Stead, 8351 Imperial Blvd. (corner of Dolan/Imperial), mentioned the slides presented earlier, commenting that the lawns were nicely kept; the house with the cement mixer was sold and the owner is cleaning up the place; the commercial truck in the street is clean and is driven to and from the job. Mr. Stead also brought up that approximately two years ago, the residents all got together and decided if there were any problems or complaints, he would be the mediator. He said no one has come to him with any problems. Mr. Jim Karsjens, 12521 Dolan Ave., lived on street for 13 years and is happy to be able to live on one of Downey's 35 private streets. He asked that Council drop this action and table it. At this time, Mayor Boggs asked for a show of hands for owners of each piece of property on Dolan Avenue; fourteen hands were raised. She further related there were 23 residences on the 12500 block of Dolan Avenue. She then asked how many of the property owners would like to have the Vehicle Code enforced on Dolan Avenue; five hands were raised. Council expressed concern over this neighborhood dispute, and although Council Members differed on the need for enforcement, the following vote indicated their support of the majority. It was moved by Council Member Paul, seconded by Council Member Barb, and carried 3-1 (Council Member Santangelo voting no; Council Member Cormack absent) not to initiate proceedings to enforce the Vehicle Code. Mayor Boggs asked the four gentlemen, who represented both pro and con to enforcement of code violations, to meet with her for lunch and try to work out solutions towards the problems expressed. Council Member Santangelo stated he would also like to join the group as the Representative of District 5. The meeting recessed at 9:05 p.m, and reconvened at 9:15 p.m, with Council Members Boggs, Barb, Paul, and Santangelo present (Council Member Cormack absent). City Design Review Board/Board of Building Appeals �� Mr. Cutts, Director of Community Development, summarized the staff 17 report. It is staff's recommendation that through consolidation a single board be formed, and that board consist of a licensed architect, licensed landscape architect or licensed landscape contractor; a registered civil engineer; a general building contractor; a citizen at large; and have the owner of a retail or commercial business for Design Review only. Further, appointments to this board to be done at large, and that appointees do not have to be a full-time resident but can either be conducting business within the City or be a resident. Staff could prepare a list of people eligible and bring it before Council, to be handled by an interview process, etc. In addition, staff recommends that the meetings of the Design Review Board be conducted within the normal business hours of City Hall; this will help to cut costs. It is also suggested that the compensation to the board members be looked at, keeping in mind the goal is to create a professional board. Consolidation of the Board, time of meetings, how appointments are made to the Board, can be done by preparation of an ordinance setting forth above recommendations. Compensation be done in the form of a resolution. Council Minutes 8/11/87 -5- ,,�. 3 {/ 7 Council asked to see staff overtime figures (Santangelo); that the Board not contain two employees of the same firm (Boggs); and that more latitude be given the Planning Department with regard to some of the Design Review Board matters. It was moved by Council Member Barb , seconded by Council Member Paul, and carried 4-0 (Cormack absent) to receive and file staff report dated July 22, 1986, and to direct staff to prepare the necessary code amendments.- On motion by Council Member Santangelo and Mayor Boggs, the foregoing motion was amended to incorporate staff recommendations and carried 4-0 (Council Member Cormack absent). Mr. Frank Sheldon, from the Design Review Board, was present to answer questions from Council. He stated he was supportive of staff's report. He also stated that a B-1 contractor can also be a landscape contractor provided he meets the qualifications, passes the State examination, and has a business so he can be both a building contractor and a landscape contractor. He clarified for Council Member Barb that a citizen at large on the Board offers a more objective view than the professional where there might be two different technical opinions. Council Member Santangelo asked that staff get opinion from State Contractors Board re classification of B-1 license that allows it to override C-1. ITEMS REMOVED FROM CONSENT CALENDAR Cash Contract No. 536 - Lexington Road - Relief Sewer (Account No. 72- 13989) It was moved by Council Member Barb, seconded by Council Member Paul, and carried 4-0 (Council Member Cormack absent) to approve Cash Contract No. 536 - Lexington Road - Relief Sewer. Before the foregoing vote, Council Member Santangelo clarified with City Attorney Newton that this sewer project does not serve any property on Lexington Road, and in fact, serves property on Downey Avenue. OTHER BUSINESS AND ITEMS FOR FUTURE AGENDAS Staff Members: Mr. Davis, City Manager, submitted request for block party 11013 Marbel Avenue, cul-de-sac, August 15th from 4:00 p.m. to 8:00 p.m. to organize Neighborhood Watch Program. It was moved by Council Member Barb, seconded by Council Member Santangelo, and unanimously carried (Council Member Cormack absent) to approve with finding that need to take action on this item arose after the required date for posting August llth Council Agenda. It was moved by Council Member Paul, seconded by Council Member Sanatangelo, and unanimously carried (Council Member Cormack absent) to amend the motion that the 12 affected residents on Marbel Avenue will be notified of Council's action immediately. City Attorney clarified for Council that the closing of a City street does require Council authorization. Council Members: Council Member Santangelo: 1. Requested report from Police Department regarding number of citations given on vehicles parking on lawns per month for the last six months. 2. Requested status of sign violation enforcement. 3. Pointed our graffiti and lack of property maintenance on Northeast corner of Paramount Boulevard and and Florence Avenue. Mayor Boggs: 1. Requested research of Ordinance allowing private residential property to sit unattended for three years while renovation is taking place (8614 Cavel and Orange Streets). Council Minutes 8/11/87 -6- CLOSED SESSION At this time, the Community Development Commission reconvened its meeting for a joint session with the City Council. The meeting recessed to closed session at 9:50 p.m. for the purpose of discussing employee negotiations, attorney -client matters, and property acquisition matters under the provisions of Government Code Section 54956.8 as follows: 1. 8556 Firestone Blvd., Downey Owned by Veraphand Yongvanich and Rosario T. Yongvanich 2. 8544 Firestone Blvd., Downey Owned by Nick Collaro and Nancy E. Ringo. The meeting reconvened at 11:50 p.m. with Council Members Boggs, Barb, and Paul present (Council Member Cormack absent; Council Member Santangelo excused during closed session). ADJOURNMENT: 11:50 p.m. The meeting was adjourned to an Adjourned Regular Meeting at 7:00 a.m. on August 14, 1987, at the Embassy Suites Hotel, 8425 Firestone Blvd., Downey. enn oung; Gi y perk- I real%Orer 11-2 Diane P. Boggs, Mayor Council Minutes 8/11/87 -7- s�V, ADDENDUM TO MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 11, 1987 On page 5, after the second paragraph, the following language should be added under Design Review Board/Board of Building Appeals: "Mayor Boggs inquired about the difference between a Licensed Landscape Architect and a Licensed Landscape Contractor. Director of Community Development Cutts explained that a specific license is issued to a Landscape Contractor on a statewide basis; and a Landscape Architect has to go through a series of tests at a State level and has to be licensed by the State on that basis. Mayor Boggs said that since the Design Review Board and Building Appeals Board serve as two different functions, she would like to see the three technical positions on the Design Review Board --the Licensed Contractor, Civil Engineer, and Building Contractor, serve as the Board of Building Appeals, if one is needed." ae nyktTurng Cit ervk-Teas rum-er' Addendum to Council Minutes 8/11/87