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HomeMy WebLinkAboutMinutes-01-26-88-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 26, 1988 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. CDC/Council reconvened & recessed to closed session 1 Mtg. reconvened 7:47 p.m.; CDC immediately recessed 1 Certificates of Appreciation to Girl Scout Troop Nos. 548, 831 & 848 1 Proclamation declaring month of February 1988 as American History Month 1 Fire & Police representatives presented $2,473.63 to Cancer Society fr/Battle of Badges proceeds 1 Cn. Santangelo introduced James Derry, Appointee Recreation & Community Services Commission 1 Appeal, Z.V. #532, 7363 Stewart & Gray Rd.; Approved; Appl: N. Ananias Resol. next Mtg. 3 Mtg. recessed 8:49 p.m. & reconvened at 8:56 p.m. 3 CDC reconvened in joint session w/City Council at 9:00 p.m. 3 Res. #208, (CDC) Approving Sale of Property in Redevelopment Proj. Area to Car Wash U.S.A., Inc. - 9536 Firestone Bl. Adopted 4 Res. #4965, Approving Sale of Property in Redevelopment Proj. Area to Car Wash U.S.A., Inc. 9536 Firestone 81. Adopted 4 CDC adjourned at 9:30 p.m. to 6:30 p.m., February 9, 1988, in the Council Chambers 4 John Paul Drayer re Prop A Funds being traded f/ General funds 4 Robert Brown re appearance of Sr. Citizens Nutrition Bldg, at Rio San Gabriel Park 4 Removal of Items from Consent Calendar 5 Minutes: Adj. Reg. Mtg., 1/12/88; Reg. Mtg., 1/12/88; & Adj. Reg. Mtg., 1/19/88 Approved 5 General Warrants #36976-37134 & #37136-37337, $1,051,708.46 Approved 5 Hrg. Date -Permit to Conduct Taxicab, AM/PM Taxi Sets Hrg. 2/9/88 5 Rental Agreement bet. City & Plaza De La Raza for Space at Apollo Neighborhood Center Approved 5 Res. #4966, Approving De -Annexation & Annexation Downey & South Gate 5 Res. #4967, Establishing 2-Hr. parking along both sides Dollison Dr. bet. Fairford/Crossdale Aves. Adopted 5 Res. #4968, Establishing Fees & Penalties for Hazardous Materials Code Adopted 5 Page 1 of 2 COUNCIL MINUTES, JANUARY 26, 1988 TABLE OF MINUTE ACTIONS (Continued) SUBJECT ACTION PAGE NO. Res. #4969, Appointment of Frank R. Gasdia to Golf Course Authority (District 3) Adopted 5 Res. #4970, Req. Allocation of County Aid -to -Cities Funds f/Maintenance Adopted 5 Bus Stop & Right -of -Way Personnel Appropriation Approved 6 CC #553, Bus Shelters at Various Locations in City: Award Contract Approved 6 1989-93 Transportation Improvement Program: Approve List of Projects Approved 6 Cn. Barb re Council's action to table his agenda items at January 12, 1988 Mtg. 7 Cn. Cormack defended legality of action to table two agenda items on January 12, 1988 Mtg. 7 Cn. Cormack re street trees that would not push up sidewalks 7 Mayor Boggs re blinders on newsracks 7 Mayor Boggs presented Certificate to City Mgr. rec'd in honor of U.S./Mexico Nat'l Sister City 25th Conference 7 Cn. Santangelo indicated he will discuss recent politics at later date 7 Cn. Paul re Advisory Vote" re posting of signs for street sweeping 7 Cn. Paul re more enforcement re graffiti & suggested development of a Community awareness program 7 Mtg, adjourned to 6:30 p.m., February 9, 1988 7 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 26, 1988 The City Council of the City of Downey held a regular meeting at 7:33 p.m., January 26, 1988, 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 Peter M. Thorson, 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 Pete Stone, Police Chief Sylvia Garcia Binnall, Communications Specialist Kevin Carrigan, Administrative Specialist William Makshanoff, Building Official William McCulloch, Motor Officer Ed Velasco, Housing Manager Jake Wager, Redevelopment Manager Ronald Yoshiki, City Planner Scot Yotsuya,.Assistant to the City Manager Joyce Baker, Executive Secretary Mayor Boggs announced the Redevelopment Commission is reconvening and that the Council/Commission is recessing to closed session for the purpose of discussing matters regarding the sale of real property at 9536 Firestone Boulevard to Car Wash U.S.A., Inc. Council Member Santangelo was excused from closed session. The meeting reconvened at 7:47 p.m. with Council/Commissioner Members Boggs, Cormack, Barb, Paul, and Santangelo present; the Commission immediately recessed. PRESENTATIONS Mayor Boggs presented Certificates of Appreciation to Girl Scout Troop Numbers 548, 831 and 848 for their participation in the 1987 Downey Holiday Lane Parade. Mayor Boggs presented to Mrs. Barbara Rosenberg, Regent of the Santa Gertrudes Chapter of the Daughters of the American Revolution; Mrs. Martha Sodetani, American History Chairman of the Santa Gertrudes Chapter of the Daughters of the American Revolution; and Mrs. Virginia Robinson, Good Citizens Chapter of Santa Gertrudes Chapter of the Daughters of the American Revolution, a Proclamation declaring the month of February 1988 as American History Month. Fire Paramedic Springer and Police Sgt. Piercy, on behalf of the Downey Firemen's Association and the Downey Police Officer's Association, presented to Ms. Judy Crockett, President of the American Cancer Society, Long Beach Harbor, Southeast Unit, a check in the amount of $2,473.63 which was the proceeds from the "Battle of the Badges" Football Game. The Fire Department and Police Department thanked the City Council and the City for their support in this fund raising event. Council Member Santangelo introduced Mr. James Derry, his appointee to the Recreation and Community Services Commission. Council Minutes 1/26/88 -1- HEARINGS Mayor Boggs OPENED THE PUBLIC HEARING ON APPEAL TO ZONE VARIANCE NO. 532 FOR PROPERTY LOCATED AT 7363 STEWART & GRAY ROAD. City Clerk Young affirmed the Proof of Publication. It was moved by Council Member Barb to receive and file, hearing no objections, so ordered. Community Development Director Cutts presented the staff report as set forth in Agenda Memo dated January 26, 1988, entitled "Zone Variance #532- Request to Reduce Required Building Setbacks and Off -Street Parking Standards in Order to Establish a Commercial Center on Property Zoned C-1 (Neighborhood Commercial)." Mr. Cutts stated the Planning Commission adopted a Resolution at their December 2, 1987 meeting, denying the Zone Variance, based on a 2-2 tie vote, which is an automatic denial. This was for the establishment of a commercial center with reduced setbacks and off-street parking standards. Mr. Cutts presented a brief slide presentation which showed the property, the property surrounding the area, and the proposed site plan. Mr. Cutts advised it was staff's recommendation to reaffirm the actions of Planning Commission and deny the Appeal on Zone Variance No. 532 for property located at 7363 Stewart & Gray Road and 11861 Old River School Road, Zoned C-1. City Clerk Young referenced two letters received relating to this matter; one was from Mr, and Mrs. Licano and the other was signed by several property owners along Haro Avenue. It was confirmed that Council had received copies of this correspondence. Mayor Boggs asked the applicant to come forward and present his case. Mr. Daniel Cartagena, 211 E. Ocean Blvd., Suite 202, Long Beach, representing the applicant, Mr. Nick Ananias, came forward. He handed to the City Clerk copies of material describing the requested Zone Variance for distribution to the Council. Mr. Cartagena stated the Zone Variance is asking to reduce the required 46 foot side and rear yard setbacks to 0 and 5 feet, reduce the required 20 foot front and side yard landscape setback to approximately 8 and 10 feet; and reduce the required 2 loading spaces to 1 loading space. At the request of Mr. Cartagena, Community Development o1rector Cutts read the contents of the letters received by the City Clerk affirming they were in favor of the Zone Variance. Mayor Boggs called for those in the audience who wished to speak in favor of Zone Variance No. 532. Mr. Kenneth Smith, 11858 Haro Ave., stated his back yard directly ddjolns the property that is under consideration for construction. He stated me was in favor of the Zone Variance and strongly opposed the 46 foot easement as ne does not want an alleyway behind his residence. Mr. George Georgas, 11859 Hard Ave., resident for 30 years, in favor of the Zone Variance, stated the area is a disgrace to the City and used nigntly as parking area for large trucks. Mr. Spencer Yolton, 11864 Haro Ave., strongly opposed the 46 foot easement and does not want an alleyway due to school children in the area and possible traffic accidents. He advised all the other requirements are fine. Mr. Nick Ananias, 9455 DaCosta St., urged the Zone Variance be approved to include the site for himself and the surrounding people who live in the area. Mayor Boggs requested those in the audience who wished to speak in favor or in opposition to Appeal, Zone Variance No. 532. There were none. Mayor Boggs called for a rebuttal from the Applicant. The Applicant's reresentative, Mr. Daniel Cartagena, responded by saying that the project proposed would be competitive with other commercial projects and a 46 foot setback to the rear of the property would be a maintenance and security problem. He further stated with the landscape area being reduced to 10 feet and 8 feet, the intent of the General Plan of the City would be met in providing landscaping that would be compatible with the residential character of the area. Mr. Cartagena also circulated among Council two pictures, one an existing Council Minutes 1/26/88 -2- ��,L commercial center adjacent to an apartment building, noting there was no 46 foot side or rear yard setback; the other picture shows a new commercial project which is two stories, abutting up to residential behind and to the side. He pointed out again no setback was required. Mr. Cartagena asked for the granting of a zone variance to reduce the rear and side yard setbacks of 46 feet, reduce the 20 foot landscape areas to 8 and 10 feet, and to allow 1 loading space in lieu of 2 spaces. It was moved by Council Member Santangelo and seconded by Council Member Paul that the Public Hearing be closed. Hearing no objections, so ordered. Council discussed lack of sunshine in the morning for residents; whether parking spaces would be reduced in size; congratulated Applicant for bringing this project to the City to improve the Community; fact that 46 foot setback presents a major problem for neighbors with abutting property due to crime and noise; landscaping requirements and square footage required; loading space and code requirements; and current Ordinance should be modified to fit needs of the Community. Council Member Santangelo asked if action could be taken at this meeting so the loading space requirement could be eliminated and used for additional parking. City Attorney Thorson advised he did not believe that under the code the Council could take that specific action tonight. He further explained the code provides that the Planning Commission rule upon requests for variances. It was moved by Council Member Paul, seconded by Council Member Santangelo, and unanimously carried to approve the Appeal of Zone Variance No. 532 and bring back a Resolution at the February 9, 1988 Council Meeting. Council Member Santangelo asked that the Planning staff bring back for Council study the 46 foot code setback and the loading dock Ordinance. The meeting recessed at 8:49 p.m. and reconvened at 8:59 p.m. with Council Members Boggs, Cormack, Barb, Paul, and Santangelo present. The Community Development Commission reconvened in joint session with the City Council at 9:00 p.m. Mayor Boggs OPENED THE JOINT PUBLIC HEARING ON THE DISPOSITION AND DEVELOPMEMT AGREEMENT FOR PROPERTY LOCATED AT 9536 FIRESTONE BOULEVARD; DEVELOPERS - CAR MASH U.S.A., INC. City Clerk Young affirmed the Proof of Publication and stated that no correspondence was received. Council/Commission Member Santangelo abstained from this hearing due to a possible conflict of interest. It should be noted that Council/Commission Member Santangelo left his seat during this entire hearing. Community Development Director Cutts presented the staff report as set forth in Agenda Memo dated January 26, 1988, entitled "Disposition and Development Agreement 9536 Firestone Boulevard, Car Wash U.S.A., Inc. - Developers". Mr. Cutts also presented a slide presentation that showed a Car Wash U.S.A., Inc. facility located in San Dimas. Mayor Boggs requested those in the audience who wished to speak in favor of the Disposition and Development Agreement. Mr. Graham Stubblefield, Vice President, Car Wash U.S.A., Inc., 555 West Bonita, San Dimas, presented a video on Car Wash U.S.A., Inc. He also gave a rendering to Council on the facility proposed for Downey. Mayor Boggs requested those in the audience who wished to speak in opposition to the Disposition and Development Agreement. There were none. It was moved by Council/Commission Member Paul and seconded by Council/Commission Member Cormack that the Public Hearing be closed. Hearing no objections, so ordered. Council Minutes 1/26/88 -3- Council discussed guaranteeing of property tax increment of $2,500,000 to the City; tenant improvements; construction of the facility; 10,000 foot structure on the rear of the property; and problems the City has had with past Disposition and Development Agreements that have not provided for guarantees of property tax increment. Mr. Graham Stubblefield stated Car Wash U.S.A., Inc., together with lender and joint venture partner, Long Beach Savings, have budgeted a total of $3,000,000 for this project. Mr. Stubblefield broke down the costs as follows: The land is $1,150,000; the car wash and auto service improvements are estimated to be approximately $1,000,000. He estimated the unsecured personal property, basically equipment, to be in the neighborhood of $400,000, and the remaining $450,000 budgeted is for soft costs, which includes engineering, interest during construction, insurance, taxes, etc. Mr. Cutts clarified with Council that the Disposition and Development Agreement, Section 203, Taxes and Assessments, would be amended to read 12,500,000"; and the paragraph set forth in the staff report word be inserted on page 7. RESOLUTION NO. 208 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY APPROVING THE SALE OF REAL PROPERTY IN THE DOWNEY REDEVELOPMENT PROJECT AREA TO CAR WASH U.S.A., INC., A CALIFORNIA CORPORATION AND AUTHORIZING THE EXECUTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT The Resolution was read by title only. It was moved by Council/Commission Member Cormack, seconded by Council/Commission Member Paul, and carried 4-0 (Council/Commission Member Santangelo abstaining) to waive further reading and to adopt with the above mentioned amendments incorporated into the agreement. RESOLUTION NO. 4965 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE SALE OF REAL PROPERTY IN THE DOWNEY REDEVELOPMENT PROJECT AREA TO CAR WASH U.S.A., INC., A CALIFORNIA CORPORATION AND AUTHORIZING THE EXECUTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT BY THE COMMISSION The Resolution was read by title only. It was moved by Council/Commission Member Cormack, seconded by Council/Commission Member Paul, and carried 4-0 (Council/Commission Member Santangelo abstaining) to waive further reading and to adopt with the above mentioned amendments incorporated into the agreement. The Community Development Commission was adjourned at 9:30 p.m. to 6:30 p.m., February 9, 1988, in the Council Chamber of the Downey City Hall. ORAL COMMUNICATIONS - Items not on Agenda Mr. John Paul brayer, 1331 Lakewood Blvd. #A-2, questioned action taken by the Council at the last meeting relative to Proposition A Funds being traded for General Funds. Mr. Robert Brown, 10902 Newville Ave., stated that he is spokesman for the Senior Citizens at the Rio San Gabriel Park and complained of the general appearance of the nutrition side building. He also stated some concern relative to senior transportation needs. Staff responded with Mr. Brown's acknowledgement that there is a scheduled closing for January 29th and 30th at which time crews will work at the site. Council Members Barb and Santangelo stated that they had visited the site and asked that staff be directed to give the site early attention for general repairs and upgrading. Council Minutes 1/26/88 -4- CONSENT CALENDAR Agenda Item VI-C-1, Cash Contract No. 553, Bus Shelters at Various Locations inthe City: Award Contract, was removed at the request of Mayor Boggs. Agenda Item VI-E-I, 1989-93 Transportation Improvement Program (T.I.P.): Approve List of Projects, was removed at the request of Council Member Paul. Minutes: Adjourned Regular Meeting, January 12, 1988; Regular Meeting, January 12, 1988; and Adjourned Regular Meeting, January 19, 1988: Approve. General Warrants #36976 - 37134; and # 37136 - 37337, $1,051,708.46: Approve. Hearing Date - Permit to Conduct Taxicab Service: Set Hearing for 2/9/88: Approve. Approval of Month -to -Month Rental Agreement between the City and Plaza Be La Raza for Space at Apollo Neighborhood Center: Approve rental agreement. RESOLUTION NO. 4966 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING DE -ANNEXATION AND ANNEXATION TO DOWNEY AND SOUTH GATE RESOLUTION NO. 4967 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A TWO-HOUR PARKING RESTRICTION FROM 7:00 A.M. TO 6:00 P.M. ALONG BOTH SIDES OF DOLLISION DRIVE BETWEEN FAIRFORD AVENUE AND CROSSDALE AVENUE RESOLUTION NO. 4968 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING FEES AND PENALTIES FOR THE HAZARDOUS MATERIALS CODE OF THE CITY OF DOWNEY RESOLUTION NO. 4969 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF FRANK R. GASDIA AS A MEMBER OF THE LOS ANGELES COUNTY-DOWNEY REGIONAL PUBLIC RECREATION AREA AUTHORITY (GOLF COURSE AUTHORITY) FOR COUNCILMANIC DISTRICT THREE RESOLUTION NO. 4970 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING AN ALLOCATION OF COUNTY AID TO CITIES FUNDS FOR THE MAINTENANCE OF SELECT SYSTEM STREETS 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: AYES: 5 Council Members: Barb, Cormack, Santangelo, Paul, Boggs ORDINANCES: None RESOLUTIONS: None (See Consent Calendar) ADMINISTRATIVE REPORTS Bus Stop, Right -of -Way Personnel Appropriation Public Works Director Ralph presented the staff report as set forth in Agenda Memo dated January 26, 1988, entitled "Bus Stop, Right -of -Way Personnel Council Minutes 1/26/88 -5- Appropriation". It is staff's recommendation that Council approve appropriations for additional temporary personnel in the amount of $19,450 to provide for a higher level of service in the area of Bus Stop and Right -of -Way Maintenance throughout the City for the remainder of the fiscal year. Council Member Santangelo commented he has observed increased graffiti activity at the corner of Florence Avenue and Downey Avenue on business signs and benches, causing hundreds of dollars worth of damage. Council and staff discussed the feasibility of added Police Department enforcement, assistance from private citizens and Neighborhood Watch Programs, the possibility of stronger Municipal Codes, and publication in Chamber of Commerce and City newsletters regarding Municipal Code law concerning graffiti. It was also agreed graffiti activity is a blight on the City and reduces property values. It was moved by Council Member Santangelo, seconded by Council Member Paul, and carried 5-0 to approve staff's recommendation. ITEMS REMOVED FROM CONSENT CALENDAR CASH CONTRACT NO. 553 - PROPOSED BUS SHELTERS AT VARIOUS LOCATIONS Mayor Boggs pulled this item from the Consent Calendar to discuss graffiti removal on the new bus shelters. Public Works Director Ralph presented the staff report as set forth in Agenda Memo dated Januuary 26, 1988, entitled "Cash Contract No. 553 - Proposed Bus Shelters at Various Locations". Mr. Ralph said the proposal was for the bus shelters to be constructed of anodized aluminum, fiberglass, and real glass. He further advised if the shelters were difficult, to maintain, then a special coating of material would be -put on, allowing the removal of normal paint with a non -toxic solvent. Mr. Ralph said the City would first repaint the shelters with spray cans of the correct color, this would be the least expensive method; secondly, if repainting does not work, the special coating will be used. He said it was staff's recommendation to award the contract to Williams Maher, Inc. for their bid of $68,662.20 for Schedule I, and instruct staff to reduce the amount of hard wire to each shelter where possible. It was moved by Council Member Paul, seconded by Council Member Santangelo, and unanimously carried to approve staff's recommendation. 1989-93 TRANSPORTATION IMPROVEMENT PROGRAM (T.I.P.) ANNUAL SUBMITTAL Council Member Paul clarified with Public Works Director Ralph that the project list can be changed as to order and with these funds it is relatively limited where you can and how they can be used. He also said new projects will be more clearly identified during Budget Study Sessions. Council Member Paul discussed two traffic signal modifications; (1) Signalization at the corner of Imperial Highway/Smallwood Avenue, and (2) Left turn signal at the corner of Imperial Highway/Paramount Boulevard. Mr. Ralph said if Council requested they will be included as alternatives in the Capital Improvement Program in the Budget. Mayor Boggs requested staff to take a careful look at the situation around the the I-105 Freeway to keep up with the public work needs of the City, such as signalization, streets, etc., and for Budget Study. It was moved by Council Member Barb, seconded by Council Member Cormack, and unanimously carried to approve staff's recommendation of projects to be included in the Transportation Improvement Program for 1989-93. Prior to the foregoing vote, Council Member Barb inquired about the Lakewood Boulevard landscaping. Mr. Ralph advised this item was a long way off and that staff would be coming back to Council with a proposal to adjust funds, as there is only $300,000 available for this without an adjustment of projects. As it was the consensus of Council this was a relatively important project, staff will be coming back with a proposal to make some adjustments and move this project forward. Council Member Barb asked staff to bring back a target date as to when construction will start on the Lakewood Boulevard Landscaping Project. City Manager Davis responded that staff will be coming back with a phased development report by the last meeting in February. Council Minutes 1/26/88 -6- OTHER BUSINESS AND ITEMS FOR FUTURE AGENDAS Staff Members: None Council Members: Council Member Barb: 1. Commented on Council action to table his agenda items at the January 12, 1988 meeting, stating that by tabling the items, two Council Members had been denied the opportunity to speak. He stated that he has reviewed the contract relating to legal fees (for Council Member Santangelo's conflict of interest trial) and feels that fees previously approved do not include any appeals. Council Member Cormack: 1. Defended the legality of the action to table two agenda items on January 12, 1988, but expressed regret of the personal feeling resulting. 2. Referenced street trees that would not push up the sidewalks. Mayor Boggs: Stated she had been asked about blinders on newsracks as provided for in our recent City Ordinance. City Attorney Thorson responded that a report will be forthcoming relative to recent work being done. 2. Presented a Certificate to the City Manager which was given to her in honor of the United States/Mexico National Sister City 25th Conference which was hosted in Downey this past week. Council Member Santangelo: 1. Commented briefly on a "strenuous week" (referencing his court case) and stated that he would address recent "politics" at a later date. Council Member Paul: 1. Requested that Council consider on the next agenda the possibility of an "Advisory vote" relative to the posting of street signs for street sweeping. He asked that information be prepared with estimated costs and that the City Attorney be authorized to prepare possible wording. 2. Requested more enforcement regarding graffiti and suggested the development of a community awareness program. 3. Stated for the record that his options as they relate to voting on any future discussion of legal fees will be based on future factors and may not be related to a 1986 vote. ADJOURNMENT: 10:20 p.m. The meeting was adjourned to 6:30 p.m., February 9, 1988, in the Council Chamber of the Downey City Hall. Jenn u it Clerk- a urer Council Minutes 1/26/88 -7- Diane P. Boggs, Mayor