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HomeMy WebLinkAboutMinutes-11-10-87-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 10, 1987 T A B L E O F M I N U T E A C T I O N S SUBJECT ACTION PAGE NO. Proclamation declaring month of November as One Nation Under God Month 1 Proclamation to Jack Taylor re America's Liberty -Our Heritage 1 Proclamation to John Flores declaring November 19 as the Day of the Great American Smokeout 1 Certificate of Appreciation to Alta Duke from Second Century Foundation re Colonial Faire 1 Certificates of Appreciation to Lois Buchanan, Faith Temple, Sal Lorenzetti, Ned Young & Connie Sziebl for participation in Colonial Faire 1 Res. #4949, Ltg. Maint. Dist. Annex. A.D. 121- Cherokee Dr. Adopted 2 Ord. #862, Extending Moratorium on Establishing Motels in Downey (Urgency) Adopted 2 City Clerk Young re status Rpt of Emergency Evacuation Plan f/City Hall & Council Chambers 2 R. D. Brown re posting of streets citywide for street sweeping 3 Removal of Items from Consent Calendar 3 Minutes: Spec. Called Mtg., 10/23/87; Adj. Reg. Mtg., 10/27/87; & Reg. Mtg., 10/27/87 Approved 3 CC #536, Lexington Rd. Sewer Relief: Approve exra wk f/$211.56, accept improvement, & accept maint. responsibility for improvements Approved 3 CC #SS-412, Citywide Slurry Seal: Appropriate SB 300 Funds f/$27,300 & accept work Approved 3 General Warrants #34732 - 35177, $2,315,291.99 Approved 3 Appeal f/Revocation of Massage Permit-7641 Firestone Bl. Sets Hrg. 12/8 3 Ord. Amending DMC re Regulation of Publication Vending Machines Introduced 4 Mtg. recessed at 8:45 p.m. & reconvened at 8:52 p.m. 4 _ Res. #4950, Granting ZV #525, 7676 Firestone Bl. (Downey Galleria) Adopted 4 Street Sweeping Contract -Citywide, Award contract to R. F. Dickson Co., Inc. f/$218,503.60 for 12 mos to be prorated Approved 5 Code Amendment re Garage Sales Sets Hrg. 12/8 5 Code Amendment re Improvement to Parking Areas Sets Hrg. 12/8 5 Dir. of Pub. Wks. Ralph re mtg w/Caltrans re increasing I-5 lanes - Mtg. set for 1/12/88 5 Page 1 of 2 COUNCIL MINUTES, NOVEMBER 10, 1987 TABLE OF MINUTE ACTIONS (Continued) SUBJECT Cn. Santangelo req status rpt on idea of sale of City Parking lots Cn. Santangelo ref complaint re Planning Comm. action on Plot Plan approval in 12500 blk of Dolan Av Cn. Santangelo advised resident rpt Shelleyfield Road streets are signs misspelled Cn. Santangelo re controlling pigeon droppings Cn. Paul thanked Dir. of Pub. Wks. Ralph f/rpt on volatile organic chemicals as related to water quality Cn. Paul re feasibility of relining streets after slurry sealing Mayor Boggs re December 22nd mtg. would need to be adjourned for lack of quorum Mayor Boggs re Press Telegram article on items that may contain carcinogenic sustances Mayor Boggs re workshops Mtg. adjourned to 4:00 p.m., November 17, 1987 ACTION PAGE NO. 5 5 5 5 5 5 5 0 Page 2 of 2 MM MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 10, 1987 The City Council of the City of Downey held a regular meeting at 7:40 p.m., November 10, 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 James R. Jarrett, Director of Community Services Pete Stone, Police Chief Lee Powell, Director of Administrative Services William A. Ralph, Director of Public Works Alta Duke, Social Services Division Manager Sylvia Garcia Binnall, Communications Specialist Gail Crook, Battalion Chief Greg Mayfield, Water & Sanit. Superintendent William McCulloch, Motor Officer Maxine Worner, Associate Planner Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Joyce Baker, Executive Secretary PRESENTATIONS Mayor Boggs presented to Mr. Tom Fleetwood, President of the Exchange Club of Downey, a Proclamation declaring the month of November, 1987 as One Nation Under God Month. Mr. Fleetwood acknowledged the members of the Exchange Club present in the audience. Mayor Boggs presented to Mr. Jack R. Taylor, Commander of the Veterans of Foreign Wars, a Proclamation entitled America's Liberty - Our Heritage, commending the Veterans of Foreign Wars and its Ladies Auxiliary for their sponsorship of the 41st Annual Voice of Democracy Program. Mayor Boggs presented to Mr. John Flores, Volunteer, American Cancer Society, a Proclamation declaring November 19, 1987, as The Day of The Great American Smokeout. Mayor Boggs presented to Mrs. Alta Duke a Certificate of Appreciation from the Downey Second Century Foundation for outstanding coordination of the Colonial Faire, celebrating the 200th Anniversary of the U. S. Constitution. Mayor Boggs presented Certificates of Appreciation to Lois Buchanan, Faith Temple, Sal Lorenzetti, Ned Young, and Connie Sziebl for their participation in planning and implementing the 1787 Colonial Faire - 1987. HEARINGS Mayor Boggs opened the Public Hearing on Lighting Maintenance District A.D. 121, Annexation 87/65 - Cherokee Drive between Dolan Avenue and Lakewood Boulevard. City Clerk Young affirmed the Affidavit of Posting and Proof of Publication. Received and filed. 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 behalf of the Annexation. There were none. Council Minutes 11/10/87 -1- 8351 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 Cormack, and unanimously carried that the Public Hearing be closed. RESOLUTION NO. 4949 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 87165 - CHEROKEE DRIVE BETWEEN DOLAN AVENUE AND LAKEWOOD BOULEVARD) 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. Mayor Boggs opened the Public Hearing on 180-Day Extension of Moratorium on Motel Development. City Clerk Young affirmed the Proof of Publication. Received and filed. Director of Community Development Cutts presented the staff report, recommending an extension on the moratorium on motel development for six months or until such time as the Council adopts a new Ordinance designed to regulate the development of motels, whichever comes first. 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 opposition to the extension of the moratorium. There were none. Mayor Boggs called for those in the audience who wished to speak in favor of extending the moratorium. There were none. It was moved by Council Member Cormack and seconded by Council Member Barb to close the Public Hearing. Hearing no objections, so ordered. Council discussed affects of a long lasting moratorium with some concern that it might inhibit private growth. Community Development Directors Cutts indicated a staff report was before the Planning Commission at this time for consideration. It was moved by Council Member Santangelo, seconded by Mayor Boggs, and failed 2-3 (Council Members Barb, Cormack, and Paul voting no) to amend the motion so that the extension of the moratorium is three months/90 days. ORDINANCE NO. 862 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY EXTENDING THE MORATORIUM ON THE ESTABLISHING OF MOTELS IN THE CITY OF DOWNEY UNTIL A STUDY IS COMPLETE AND ZONING REGULATIONS DEVELOPED FOR SUCH USE The Ordinance was read in full. It was moved by Council Member Cormack, seconded by Council Member Barb, and carried 4-1 (Council Member Santangelo voting no) to adopt Urgency Ordinance No. 862. Before the above vote, Council discussed that 120 days were already into the moratorium and that the additional 180 days may be needed, but hopefully this project can be completed under the 180-day time period. ORAL COMMUNICATIONS - Items not on Agenda City Clerk Young, also the Emergency Evacuation Committee Coordinator, presented a status report of the Emergency Evacuation Plan for City Hall and the Council Chambers. Council Minutes 11/10/87 -2- Mr. R. D. Brown, 10902 Newville Ave., regarding posting of streets citywide for street sweeping. He suggested alternate day posting for opposite sides of the street. CONSENT CALENDAR Agendd Items VI-E-1, Code Amendment to Downey Municipal Code Section 9110.08 (i) and 9114 - Garage Sales, and VI-E-2, Code Amendment to Downey Municipal Code Section 9150.22 - Improvement to Parking Areas, were removed at the request of Council Member Barb. Minutes: Special Called Meeting, October 23, 1987; Adjourned Regular Meeting, October 27, 1987; and Regular Meeting, October 27, 1987: Approve. Cash Contract No. 536 - Lexington Road, Sewer Relief (Account No. 72-13989): Approve extra work in the amount of $211.56, accept improvement, and accept maintenance responsibility for the improvements constructed. Cash Contract No. S.S. 412 - Citywide Slurry Seal (Account No. 26-16412): Apprgpriate SB 300 Funds, in the amount of $27,300, for this project and accept the work: Approve. General Warrants #34732 - 35177, $2,315,291.99: Approve. Appeal from Revocation of Massage Permit - 7641 Firestone Blvd: Public Hearing set for December 8, 1987. It was moved by Council Member Cormack, seconded by Council Member Santangelo, and carried by the following vote to approve the remainder of the Consent Calendar as recommended: AYES: 5 Council Members: Barb, Cormack, Santangelo, Paul, Boggs ORDINANCES City Attorney Newton submitted a letter dated October 27, 1987 regarding Newsrack Regulations - AB 711, and advised his office had prepared an amendment to the Downey Municipal Code which amends the City's Ordinances regulating publication vending machines. He further advised the amendment was proposed based upon Assembly Bill 711, which becomes effective January 1, 1988. Mr. Newton said the Ordinance carefully follows the provisions of the Assembly Bill which allows cities to regulate, in a somewhat greater amount than allowed before, in relation to what is considered harmful matter as defined in Section 313.1 of the Penal Code. He related that the City can regulate Ordinances by requiring that any harmful matter which is contained in publication vending machines, in areas that are available to minors, be contained in blinder racks. Mr. Newton said the racks are designed so as to prevent viewing of the lower two-thirds of the racks. Council discussed the definition of a blinder rack; legislation clarification of definition of a blinder rack; the fact that minors can still purchase harmful material if they have the coins; and the desire for stronger regulation of harmful material that is exposed to minors. They encouraged citation and prosecution by the District Attorney as provided under the law. Mayor Boggs asked that this Ordinance be passed, but urged that we go back to the State Legislature and ask for stronger laws that can be enforced to keep pornograhic material off the streets and out of publication vending racks. It was moved by Council Member Santangelo, seconded by Council Member Cormack, and unanimously carried to amend Page 2, Section 6599.11 of the Ordinance by adding "and so that no harmful matter is exposed to public view" to the last sentence. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, AMENDING PART II OF CHAPTER 5 OF ARTICLE VI OF THE DOWNEY MUNICIPAL CODE RELATING TO THE REGULATION OF PUBLICATION VENDING MACHINES Council Minutes 11/10/87 -3- 8353 The Ordinance was read by title only. It was moved by Council Member Cormack, seconded by Council Member Paul, and unanimously carried to waive further reading and to introduce this Ordinance as amended. The meeting recessed at 8:45 p.m. and reconvened at 8:52 p.m. with all Council Members present. RESOLUTIONS Community Development Director Cutts summarized the staff report and recommended adoption of the below Resolution, granting Zone Variance No. 525, a request for a reduction of 40 parking spaces, and reversing the action of the Planning Commission as set forth in Resolution No. 1051. Mr. Cutts brought up the previous concerns of a bar or nightclub in which distilled spirits are served in conjunction with a restaurant and advised that a Conditional Use Permit approval would have to be obtained, as well as approval by Alcohol Beverage Control; and that the entertainment license would have to be approved by the Police Department. He also referenced changes to the Resolution on Page 2, Section 3, Nos. 1, 5, and 6. Motion pending from Council Meeting of October 27, 1987: It was moved by Council Member Barb and seconded by Council Member Cormack to add Condition No. 5 to the Resolution. Council Member Barb withdrew his motion with consent of the second. Motion pending from Council Meeting of October 27, 1987: It was moved by Council Member Cormack, seconded by Council Member Barb, and defeated 2-3 (Council Members Santangelo, Paul and Boggs voting no) to deny approval by denying the Resolution. Before the above vote, Mr. Jennings, 7435 Stewart & Gray Rd., representing the applicant, inquired about the special license required for the second room in regards to serving alcoholic beverages. Community Development Director Cutts replied that an amendment to the existing Conditional Use Permit would be required. Mayor Boggs clarified with Mr. Cutts that no additional expense would be incurred for the addition of the above amendment and that these privileges go with the opening of the banquet facility. RESOLUTION NO. 4950 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, GRANTING ZONE VARIANCE NO. 525 AND REVERSING THE ACTION OF THE PLANNING COMMISSION AS SET FORTH IN ITS RESOLUTION NO. 1051 The Resolution was read by title only. It was moved by Council Member Paul, seconded by Council Member Santangelo, and unanimously carried to amend the Resolution to delete item number 6, under Section 3, on Page 2. It was moved by Council Member Paul, seconded by Council Santangelo, and carried 3-2 (Council Members Barb and Cormack voting no) to waive further reading and to adopt the Resolution as amended. ADMINISTRATIVE REPORTS Contract Street Sweeping/Citywide Public Works Director Ralph answered inquiries previously made concerning the street sweeping proposal from R. F. Dickson Co., Inc., and recommended that R. F. Dickson Co., Inc, be awarded the contract on the basis of the bid of $218,503.60 for 12 months to be prorated for the actual months to be swept this fiscal year. Council discussed the problem of parked vehicles and street posting. Further discussed was the quality of street sweeping in the City for the past several years; and various aspects of the contract with R. F. Dickson Co. Inc., including the termination clause. Council Minutes 11/10/87 -4- It was moved by Council Member Cormack, seconded by Council Member Paul, and defeated 2-3 (Council Members Barb, Santangelo, and Boggs voting no) to amend the pending motion to deny contract from R. F. Dickson Co., Inc., by deleting the portion to readvertise, and add to go back to the use of City equipment and employees to do the street sweeping. Motion pending from Council Meeting of October 27, 1987: It was moved by Council Member Santangelo and seconded by Mayor Boggs to reject bid from R. F. Dickson Co., Inc. and to readvertise. Mayor Boggs withdrew her second to this motion. The motion was reseconded by Council Member Cormack. The motion failed 2-3 (Council Members Barb, Cormack, and Boggs voting no). It was moved by Mayor Boggs, seconded by Council Member Santangelo, and carried 4-1 (Council Member Paul voting no) to approve the contract with R. F. Dickson, Co. Inc, for citywide street sweeping. Prior to the above vote, Mayor.Boggs commented that various citizens have presented petitions to have their streets posted for street sweeping. She Suggested that these petitions be honored or that the City proceed with citywide street posting. ITEMS REMOVED FROM CONSENT CALENDAR Code Amendment to Downey Municipal Code Section 9110.08 (i) and 9114 - Garage Sales and Code Amendment to Downey Municipal Code Section 9150.22, Improvement to Parking Areas. It was moved by Council Member Barb, seconded by Mayor Boggs and unanimously carried to set the Public Hearings for the above two matters for December 8, 1987. OTHER BUSINESS AND ITEMS FOR FUTURE AGENDAS Staff Members: 1. Mr. Ralph, Director of Public Works, presented request from Caltrans for a meeting to discuss possibility of increasing lanes on I-5 (Santa Ana) Freeway. Council agreed to meet prior to the regular meeting on January, 12, 1988, and asked that the subject of sound walls be part of the agenda. Council Members: Council Member Santangelo: 1. Requested status report on the idea of sale of City parking lots. 2. Referenced a complaint from a constituent re Planning Commission action on Plot Plan approval in the 12500 block of Dolan Avenue. He was advised an appeal has been filed for hearing before the Council. 3. Resident reported that the Shelleyfield Road street signs are misspelled. 4. Presented a packet of information on netting that might be useful in controlling pigeon droppings (Firestone Boulevard). Council directed staff to review the information with a brief on same. Council Member Paul: 1. Thanked Public Works Director Ralph for a report on volatile organic chemicals as they relate to water quality. 2. Asked that the feasibility of relining streets after slurry sealing be considered at budget time. Mayor Boggs: Asked Council Members to advise whether they will be able to attend a second meeting in December and presented alternatives. Council agreed the meeting of December 22nd would need to be adjourned for lack of a quorum. The December 8th meeting could be adjourned to another date, if necessary. Council Minutes 11/10/87 -5- Sly 5 Mayor Boggs (Continued) 2. Referred to an article in the Sunday issue of Press Telegram which reported on various household and frequently used food items that may contain carcinogenic substances. 3. Felt that Council may be giving opposing direction to staff and suggested workshops to assist in clear staff direction as to concerns, with immediate attention toward the water system and water quality. ADJOURNMENT: 10:10 p.m. The meeting was adjourned at 10:07 p.m. and immediately called back to order to adjourn to 4:00 p.m., November 17, 1987, in the Council Chamber of the Downey City Hall. JennV Young, Ci Clerk- easurer Diane P. Boggs, Mayor Council Minutes 11/10/87 -6-