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HomeMy WebLinkAboutMinutes-08-09-88-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 9, 1988 TABLE OF MINUTE ACTIONS SUBJECT ACTION Certificate of Appointment to Joyce L. Lawrence - Planning Commission Res. #5050, Denying Z. V. #565 f/property located 8610 Firestone Bl. Appeal, Z. V. #569, 12825 Cornuta Av. John Gonzalez re Oral Communication procedures; citizen Appeal to Planning Comm.; & bldg. permit procedures Removal of items from Consent Calendar Minutes: Adj. Reg. Mtg., 7/26; & Reg. Mtg., 7/26 General Warrants #42511-42756; #41089; & #42762-42952, $2,628,522.44 Proposition "A" Funds: Agreement f/Exchange w/City of Commerce Amendment to Utility Agreement #382, Rt. 105 Fwy, Downey Av. to Bellflower Av. Res. #5051, Notice of Int. to Vacate Walkway N/of Rives Av. Cul-de-sac to Telegraph Rd. Res. #5052, Increase of Monthly Permit Pkg. Fee Res. #5053, Approving Appointment of Hattie Jo Miller -Library Advisory Board Ordinance re Termination of Water Svcs. for Non - Payment of Water Bill Downey Christmas Parade Committee/Christmas Decorations Project Agreement & General Release-Weatherite Service Corporation Transportation Zone Steering Committee Designation of Voting Delegate & Alternate to League of Calif. Cities Mayor Cormack re status of "No Smoking" Ordinance Mayor Cormack re status of Ordinance on Covered Trash Bins Mayor Cormack re status of Disaster Preparedness Committee Cn. Barb re supporting ICA Insurance Program Cn. Barb noted ICA Mtgs. in Long Beach & Downey Cn. Boggs re status of R1-10,000 Zoning f/Dolan Av. N/o Imperial Hwy. Adopted Con't to 9/13 Approved Approved Approved Approved Adopted Adopted Adopted Introduced Approved w/cond, re liability protection Con't to 9/27 Con't to 9/13 No action, will be on 8/23 Agenda PAGE NO. 1 2 2 2 2 3 3 3 3 3 3 3 3 4 4 4 5 5 5 5 5 5 5 Page 1 of 2 COUNCIL MINUTES, AUGUST 9, 1988 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cn. Boggs req update on proposed Swimming Pool Project 5 Cn. Boggs re effect of Deddah Bill (SB-5 Antipornography Bill) on City 5 Cn. Boggs re status of investigation of unsightly areas located alley N/o Stewart & Gray Rd. W/of Lakewood Bl. & N/E corner of Alameda St. & Downey Av. 5 Cn. Hayden re proposal to use Downey Courthouse on 3rd St. for Child Dependency Court 5 Cn. Hayden re subscribing to L.A. Daily Journal 5 Mtg. recessed to closed session at 9:05 p.m. & reconvened at 10:30 p.m. 5 Mtg. adj. to 6:30 p.m., August 23, 1988 6 Page 2 of 2 8503 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 9, 1988 The City Council of the City of Downey held a regular meeting at 7:43 p.m., 1988, in the Council Chamber of the Downey City Hall, Mayor Robert G. Cormack presiding. Deputy City Clerk McDonnell noted for the record that Council Member Paul was absent (excused) due to active duty with the U.S. Navy. PRESENT: Council Members: Robert G.Cormack Mayor Randall R. Barb Mayor Pro Tem Barbara J. Hayden Diane P. Boggs ABSENT: Roy L. Paul (excused) ALSO PRESENT: Don Davis, City Manager Peter Thorson, City Attorney Judy McDonnell, Deputy City Clerk Ronald Irwin, Fire Chief Lee Powell, Director of Administrative Services William A. Ralph, Director of Public Works Franklin DeGroot, Principal Planner Alta Duke, Social Services Division Sylvia Garcia, Communications Specialist Raymond Hamada, Associate Planner William Makshanoff, Building Official Jim McCulloch, Motor Officer Rick Nathan, Police Captain Mark Sellheim, Principal Planner Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Joyce Baker, Executive Secretary PRESENTATIONS Mayor Cormack presented a Certificate of Appointment to Joyce L. Lawrence on her appointment to the Planning Commission. HEARINGS Mayor Cormack OPENED THE PUBLIC HEARING ON APPEAL TO ZONE VARIANCE NO. 565, 8610 FIRESTONE BOULEVARD, WHICH WAS CONTINUED FROM THE COUNCIL MEETING OF JULY 12, 1988. Deputy City Clerk McDonnell acknowledged that the Proof of Publication was affirmed at the Council Meeting on July 12, 1988. Deputy City Clerk McDonnell confirmed that no written correspondence had been received on this matter. City Planner Yoshiki presented the staff report as set forth in Agenda Memo dated August 9, 1988, entitled "Appeal on Zone Variance #565-Request to Retain Special Event Signage for an Indefinite Period of Time for an Auto Dealership (Downey Nissan) Located at 8610 Firestone Boulevard, Zone C-3 (Central Business District)." He advised it is staff's recommendation that Council reaffirm the action of the Planning Commission and deny the Zone Variance because findings of hardship did not exist as required by Section 9164 of the Downey Municipal Code. Mr. Yoshiki presented a brief slide presentation showing the following• The subject property (Downey Nissan) located on Firestone Boulevard; surrounding developments in the area; flags/banners used by the dealership on the property; and the Plot Plan. Council Minutes 8/9/88 -1- A Mayor Cormack asked the Applicant to come forward and present his case. Neither the Applicant or a representative was present. A motion was made to continue this Hearing to September 13, 1988. The motion was withdrawn with the consent of the second. Mr. Yoshiki clarified for Council that the August 9, 1988 Hearing date was mutually agreed upon and the Planning Department was in receipt of a copy of a letter dated July 15, 1988, from the City Clerk to the Applicant (Mr. Carmen Koosa), notifying him of tonight's Hearing date. The following person approached the podium to speak in favor of the Appeal, Zone Variance No. 565: Mr. John Gonzalez, 12350 Orizaba Ave., recommended that the Council approve the Appeal of Zone Variance No. 565 as the automobile dealership brings business and tax revenues to the City. The following person approached the podium to speak in opposition of the Appeal, Zone Variance No. 565: Mr. Oktay Gorgun, 12658 Cornuta Ave., stated his support for the business community, but feels the City's rules and regulations should be enforced. It was moved by Council Member Boggs, seconded by Council Member Hayden, and carried 4-0 (Council Member Paul absent) to close the Public Hearing. The consensus of Council was there must be equal enforcement of the Sign Ordinance in order for it to be fair, and the other dealerships have complied in the City. RESOLUTION NO. 5050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING ZONE VARIANCE NO. 565 It was moved by Council Member Boggs, seconded by Council Member Barb, and carried 4-0 (Council Member Paul absent) to waive further reading and to adopt. Prior to the foregoing vote, Council Member Hayden clarified with City Attorney Thorson that she could vote on this matter. Mayor Cormack OPENED THE PUBLIC HEARING ON APPEAL TO ZONE VARIANCE MO. 569, 12825 CORNUTA AVENUE. Deputy City Clerk McDonnell affirmed the Proof of Publication. Hearing no objections, it was so ordered to receive and file. City Planner Yoshiki advised he was just presented a letter from the Applicant requesting a continuance of this matter to enable the State of California to meet with the neighborhood and discuss possible resolution of their objections to issuance of Zone Variance No. 569. He added the letter was signed by Michael Wright, Construction Coordination, Century Freeway Housing Program. Mr. Yoshiki submitted the original of this letter to Deputy City Clerk McDonnell so that it could become part of the record. It was moved by Council Member Boggs, seconded by Council Member Hayden, and carried 4-0 (Council Member Paul absent) to continue the Hearing to September 13, 1988. ORAL COMMUNICATIONS - Items not on Agenda Mr. John Gonzalez, 12350 Orizaba Ave., commented on Oral communications _ procedures; citizen's Appeal to Planning Commission decision last week involving R-1 property sold by Caltrans; and building permit procedures regarding his house. Council Minutes 8/9/88 -2- y.: CONSENT CALENDAR Agenda Item VI-F-1, Transportation Zone Steering Committee, was removed at the request of Council Member Barb. MINUTES: Adjourned Regular Meeting, July 26, 1988; and Regular Meeting, July 26, 1988: Approve. GENERAL WARRANTS #42511 - 42756; #41089 & #42762 - 42952, $2,628,522.44: Approve. PROPOSITION "A" FUNDS: AGREEMENT FOR EXCHANGE WITH CITY OF COMMERCE: Approve. AMENDMENT TO UTILITY AGREEMENT NO. 382, ROUTE 105 FREEWAY, DOWNEY AVENUE TO BELLFLOWER BOULEVARD: Approve. RESOLUTION NO. 5051 (ADOPTED) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO VACATE THE 10.00 FOOT -WIDE WALKWAY NORTHERLY FROM THE CUL-DE-SAC OF RIVES AVENUE TO TELEGRAPH ROAD RESOLUTION NO. 5052 (ADOPTED) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN INCREASE OF THE MONTHLY FEE CHARGED FOR PERMIT PARKING IN CITY OWNED AND PARKING ASSESSMENT DISTRICT PUBLIC PARKING LOTS, AND RESCINDING RESOLUTION NO. 3706 RESOLUTION NO. 5053 (ADOPTED) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF HATTIE JO MILLER TO THE LIBRARY ADVISORY BOARD FOR COUNCILMANIC DISTRICT ONE It was moved by Council Member Barb, seconded by Council Member Boggs, and carried by the following vote to waive full reading of the Resolutions and to approve the remainder of the Consent Calendar as recommended: AYES: 4 Council Members: Barb, Boggs, Hayden, Cormack ABSENT: 1 Council Member: Paul ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 7309 AND SECTION 7319 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTIONS RELATE TO DISCONNECTION FOR NONPAYMENT AND WATER SERVICE APPLICATIONS The Ordinance was read title only. It was moved by Council Member Barb, seconded by Council Member Hayden, and carried 4-0 (Council Member Paul absent) to waive further reading and to introduce the Ordinance. Prior to the foregoing vote, Council directed staff to take precautions so that elderly/ill residents in Downey, who do have a good record of paying their utilities, do not unnecessarily have their water shut off. Administrative Services Director Powell and Public Works Director Ralph assured Council that staff, as well as the field people, are sensitive to any problems that might occur of this nature. Mr. Powell also advised Council that after the initial water bill is sent to the resident with no response, approximately one month later a delinquent notice is sent, and if no response has been received within a month, a termination notice is sent, and then a door - hanger is placed at the residence advising them the water will be shut off within the next five days if there has still been no response. RESOLUTIONS: None (see Hearings and Consent Calendar) Council Minutes 8/9/88 -3- ADMINISTRATIVE REPORTS DOWNEY CHRISTMAS PARADE COMMITTEE/CHRISTMAS DECORATIONS PROJECT City Manager Davis presented the staff report pursuant to the Agenda Memo dated July 29, 1988. It was moved by Council Member Boggs, seconded by Council Member Hayden, and carried 4-0 (Council Member Paul absent) to approve the Christmas Decorations Fund -Raising Project with the condition that this be coordinated with City staff, to protect the City from any related liability. Council Member Boggs commended the Downey Chamber of Commerce for taking over the funding of the Christmas Parade, as the Lion's Club, who have handled _ this project for many years, are unable to do so in the future. AGREEMENT AND GENERAL RELEASE - WEATHERITE SERVICE CORPORATION Mr. Richard Henderson, Attorney at Law, 9901 Paramount Blvd., recommended that Council follow the suggestions set forth in his letter to the City dated August 4, 1988. He referenced items to be investigated set forth as Exhibit A in the subject letter. Mr. Robert Henderson, 7819 Via Amorita, commended Administrative Services Director Powell on his handling of the Weatherite invoices. He also mentioned that he felt the major invoices have not been addressed as of yet. Mayor Cormack referred to the concern brought up by Mr. Richard Henderson that the compressor (Invoice No. 2629, $1,578.87) was replaced on the 91st day of a 90-day warranty. The Mayor asked that staff investigate this matter and bring back the date the actual compressor problem was discovered and if, in fact, it was replaced on the 91st day of the warranty. Public Works Director Ralph responded that this had already been investigated and the information would be supplied to Council. It was moved by Council Member Hayden, seconded by Council Member Boggs, and carried 4-0 (Council Member Paul absent) to do a comparative analysis (of the twelve invoices listed on Exhibit A of the August 4, 1988 letter from Mr. _ Richard Henderson) between the Supplier Invoice and Weatherite's Invoice to the City (cost plus 25 percent) and bring back to Council September 27, 1988. ITEMS REMOVED FROM CONSENT CALENDAR SUPPORTING FORMATION OF A COMMITTEE TO STUDY FORMATION OF SOUTHEAST TRANSPORTATION ZONE Council Member Barb asked for clarification on the following items: How would a Transportation Zone save Los Angeles County money; will this have an affect on the City of Downey's Prop A funds; and the definition of a Transportation Zone and its function. Public Works Director Ralph summarized the staff report dated August 9, 1988, entitled "Transportation Zone Steering Committee." He also mentioned that Los Angeles County will be responsible for the preparation of a formal study of a Southeast Transportation Zone comprised of 23 cities and the County of Los Angeles within a 165-square-mile area. City Attorney Thorson responded that the issue before Council was simply to form a committee to study this matter and, before a final decision was made, reports and an agreement would be presented that would spell out exactly what the City's role would be. Council Member Barb stressed he opposes taking money from the City to pool it for mass transit for Southern California. He urged we obtain further information on this matter before going ahead. City Manager Davis replied staff would obtain additional information from Los Angeles County regarding this matter. Council Member Hayden stated she would be willing to participate in representing the City in any meetings involving the formation of a Transportation Zone. Council Minutes 8/9/88 -4- It was moved by Council Member Boggs, seconded by Council Member Hayden, and carried 4-0 (Council Member Paul absent) to continue this matter to the City Council Meeting of September 13, 1988. OTHER BUSINESS AND ITEMS FOR FUTURE AGENDAS Staff Members: None City Council: Mayor Cormack: 1. DESIGNATION OF VOTING DELEGATE AND ALTERNATE TO LEAGUE OF CALIFORNIA CITIES No action was taken on this item; to City Council Agenda for August 23, 1988. 2. Inquired regarding status of "No Smoking" Ordinance. He was informed staff is preparing an Ordinance for September meeting. 3. Inquired regarding status of Ordinance on Covered Trash Bins in commercial and multi -family areas. He was advised this matter is presently before the Planning Commission. 4. Inquired regarding status of Disaster Preparedness Committee to coordinate in preparing Downey citizens in case of disaster. Council Member Barb: 1. Proposed supporting ICA (Independent Cities Association) Insurance Program. 2. Noted ICA (Independent Cities Association) General Membership Meeting in Long Beach in September and encouraged participation. He also mentioned Downey hosting ICA General Membership Meeting in November at the Embassy Suites Hotel. Council Member Boggs: 1. Inquired regarding status of R1-10,000 zoning for Dolan Avenue north of Imperial Highway. 2. Requested update on proposed Swimming Pool Project. 3. Questioned effect of Deddah Bill (SB-5 Antipornography Bill) on City's standards. 4. Inquired re status of investigation of unsightly areas located on alley north of Stewart & Gray Road and west of Lakewood Boulevard, and the northeast corner of Alameda Street and Downey Avenue. City Manager Davis advised memos had been sent to Council on these items, and that apparently Council Member Boggs had not received hers, but they would be forwarded to her. Council Member Hayden: 1. Commented regarding proposal to use Downey Courthouse on 3rd Street. for Child Dependency Court and urged staff to investigate. 2. Proposed subscribing to Los Angeles Daily Journal. The meeting recessed at 9:05 p.m. (see Adjourned Regular Meeting Minutes of August 9, 1988 regarding closed session) and reconvened in open session at 10:30 p.m. with Council Members Cormack, Barb, Hayden, and Boggs present (Council Member Paul absent). Council Minutes 8/9/88 -5- 8508 ADJOURNMENT: 10:30 p.m. The meeting was adjourned to 6:30 p.m., August 23, 1988, in the Council Chanmber of the Downey City Hall. Jen ou i lerk-Trea urer Council Minutes 8/9/88 -6-