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HomeMy WebLinkAboutMinutes-09-27-88-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 27, 1988 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Certificate of Apptmt. to Robert Armstrong, Dist. 3 Appointee to Traffic Comm. 1 Certificate of Commendation to Eric Padnuk 1 Proclamation re October 9-15, 1988, as Fire Prevention Week 1 Proclamation re October as National Lupus Month 1 Proclamation re Hire the Older Worker Day 1 Hearing on Appeal to Zone Variance #579, 11212, 11221, 11414 & 11432 Paramount Bl. Cont'd. to 10/25 1 Res. #5070, Annex into Ltg. Maint. Dist. AD 121 (Annex. 88/07, Rives Av. bet. Brookpark Rd. & Telegraph Rd.) Adopted 2 Res. #5071, Annex into Ltg. Maint. Dist. AD 121 (Annex. 88/08, Puritan St, bet. Gneiss Av. & Downey Av. & Downey Av. at Puritan St.) Adopted 2 Vacation 156 - Pedestrian Access to Telegraph Rd. Appropriation approved; from Rives Av. Cul-de-Sac hearing cont'd. until improvmts. completed by City 2 Appeal, Zone Variance #586, 8821 Lindell Av. (Credit Auto Mall): Approve variance for sign on Lakewood Bl. & required landscaping, but not a sign on Lindell Av., & direct staff to prepare a Approved; staff to pre - resolution w/findings, covenants & conditions pare resol. for 10/11 2 Joyce Lawrence re Prop. 85 - California Library Staff directed to prepare Construction & Renovation Bond Act of 1988 resol. of support, in general 4 Edward Hare re misinformation concerning Citizens for Downey Committee 4 Joel Lubin re Proposition on Clean Water Act & implementation of Sign Ord. 4 Removal of Items from the Consent Calendar 4 Minutes: Adj. Reg. Mtg., 9/13/88; & Reg. Mtg., 9/13/88, as corrected Approved 4 CC #563, Sidewalk & Wheelchair Ramps on Cheyenne Av, from Paramount B1, to Downey Av.: Award to Pinco Const. & approve appropriation Approved 4 General Warrants: #43981-44162 & #44172-44172 Approved 5 Carry Forward Appropriations for Wilderness Park Security Lighting Proj. & Multi -Purpose Room at Downey Theatre Approved 5 Res. #5072, Setting New Ambulance Subscription Charge Adopted 5 Page 1 of 2 COUNCIL MINUTES, SEPTEMBER 27, 1988 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #5073, Requesting Bd. Supervisors of L.A. County Flood Control Dist. of State of Calif. to Accept Transfer & Conveyance of Storm Drain #615 in City for Future Operation Adopted 5 Agreement & General Release - Weatherite Service Corp. Cont'd. to 10/25 5 Donation of 1957 Crown Fire Engine to Rio Hondo College Fire Acacemy Approved 5 Res. #5074, Adjusting Compensation for Design Review Bd. Members & Amending the Application Fee for Plannng Case Design Review Adopted 5 Cn. Paul thanked staff for good job on const. of Cheyenne Street Sidewalks 6 Cn. Paul re Apptmt. of Myrtle Risley & Leon Emerson to Emergency Preparedness Comm. 6 Cn. Hayden re Apptmt. of Brenda L. Ridgely & Robert L. Shand to Emergency Preparedness Comm. 6 Cn. Boggs re Apptmt. of Maxine Gaudette & Bill Bonnar to Emergency Preparedness Comm. 6 Cn. Boggs requested County Sanitation Dist. rep. be invited to Council Meeting to speak re 301(h) Mayor Cormack to contact waiver Sanitation Dist. 6 Cn. Boggs re status of enrollment records of Staff still reviewing United College of Business records 6 Cn. Boggs requested report on unsightly property at NE corner of Downey & Alameda 6 Cn. Boggs noted stored vehicle on residential property on SE corner of Cavel & Birchdale 6 Cn. Boggs noted Mr. Gonzalez smelled quite strong of drink 6 Mayor Cormack re Apptmt. of Austin Kane & Warren Heer to Emergency Preparedness Comm. 6 Ratification of Emergency Preparedness Committee To be placed on next Members agenda 6 Meeting adjourned to 4:00 p.m., October 4, 1988 6 Page 2 of 2 9534 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 27, 1988 The City Council of the City of Downey held a regular meeting at 7:45 p.m., September 27, 1988, in the Council Chamber of the Downey City Hall, Mayor Robert G. Cormack presiding. PRESENT: Council Members: Robert G. Cormack Mayor Roy L. Paul Barbara J. Hayden Diane P. Boggs ABSENT: Randall R. Barb Mayor Pro Tem (excused) ALSO PRESENT: Don Davis, City Manager Peter Thorson, City Attorney Jenny Young, City Clerk -Treasurer Ronald Irwin, Fire Chief James R. Jarrett, Director of Community Services Lee Powell, Director of Administrative Services Richard Redmayne, City Engineer Pete Stone, Police Chief Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Judy McDonnell, Deputy City Clerk PRESENTATIONS Mayor Cormack presented a Certificate of Appointment to Robert Armstrong, District 3 Appointee to the Traffic Committee. Mayor Cormack presented a Certificate of Commendation to Eric Padnuk, who assisted a friend that was injured in a rock climbing incident. Mayor Cormack presented to Fire Chief Irwin a Proclamation declaring the Week of October 9-15, 1988, as Fire Prevention Week. Mayor Cormack read a Proclamation declaring the Month of October as National Lupus Month. Mayor Cormack also read a Proclamation declaring September 29, 1988, as Hire the Older Worker Day. HEARINGS Mayor Cormack opened the PUBLIC HEARING ON APPEAL TO ZONE VARIANCE NO. 579, 11212, 11221, 11414 AND 11432 PARAMOUNT BOULEVARD (APPLICANT/APPELLANT, PARAMOUNT CHEVROLET). The City Clerk affirmed the Proof of Publication. Hearing no objections, it was so ordered to receive and file. It was moved by Council Member Hayden, seconded by Council Member Paul, and carried 4-0 (Council Member Barb absent) to continue the hearing to 7:30 p.m., October 25, 1988, in the Council Chamber of the Downey City Hall. Mayor Cormack opened the PUBLIC HEARING ON LIGHTING DISTRICT ANNEXATION 88/07 - RIVES AVENUE BETWEEN BROOKPARK ROAD AND TELEGRAPH ROAD. City Clerk Young affirmed the Affidavit of Posting of Notice and Proof of Publication. Hearing no objections, it was so ordered to receive and file. City Clerk Young advised that no correspondence had been received. There being no one present to speak in protest or in favor of the Annexa- tion, it was moved by Council Member Hayden, seconded by Council Member Paul, and carried 4-0 (Council Member Barb absent) to close the hearing. Council Minutes 9/27/88 -1- ;. �B53 RESOLUTION NO. 5070 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 88/07 - RIVES AVENUE BETWEEN BROOKPARK ROAD AND TELEGRAPH ROAD) The Resolution was read by title only. It was moved by Council Member Boggs, seconded by Council Member Hayden, and carried 4-0 (Council Member Barb absent) to waive further reading and to adopt. Mayor Cormack opened the PUBLIC HEARING ON LIGHTING DISTRICT ANNEXATION 88/08 - PURITAN STREET BETWEEN GNEISS AVENUE AND DOWNEY AVENUE; AND DOWNEY AVENUE AT PURITAN STREET. City Clerk Young affirmed the Affidavit of Posting of Notice and Proof of Publication. Hearing no objections, it was so ordered to receive and file. City Clerk Young advised that no correspondence had been received. There being no one present to speak in protest or in favor of the Annexation, it was moved by Council Member Boggs, seconded by Council Member Paul, and carried 4-0 (Council Member Barb absent) to close the hearing. RESOLUTION NO. 5071 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 88/08 - PURITAN STREET BETWEEN GNEISS AVENUE AND DOWNEY AVENUE AND DOWNEY AVENUE AT PURITAN STREET) The Resolution was read by title only. It was moved by Council Member Boggs, seconded by Council Member Paul, and carried 4-0 (Council Member Barb absent) to waive further reading and to adopt. Mayor Cormack opened the PUBLIC HEARING ON VACATION 156 - PEDESTRIAN ACCESS TO TELEGRAPH ROAD FROM RIVES AVENUE CUL-DE-SAC, which was continued from the regular meeting of September 13, 1988. City Engineer Redmayne reported on the costs to make improvements at this location, which he said the adjacent owners were not financially able to do. It is recommended Council delay the Vacation until after the work is completed. It was moved by Council Member Boggs, seconded by Council Member Hayden, and carried 4-0 (Council Member Barb absent) to appropriate $3,700 to make the improvements and continue the hearing until the improvements have been completed by the City. When asked how long it would take to complete the improvements, Mr. Redmayne replied it will take approximately two -to -three months. Mayor Cormack opened the PUBLIC HEARING ON APPEAL TO ZONE VARIANCE NO. 586, 8821 LINDELL AVENUE (APPLICANT/APPELLANT: CREDIT AUTO MALL). City Clerk Young affirmed the Proof of Publication. Hearing no objections, it was so ordered to receive and file. City Planner Yoshiki summarized the staff report dated September 27, 1988, and explained the request involves establishment of two free-standing pole signs on the property. He narrated a slide presentation showing the subject property and surrounding area. Mr. Yoshiki pointed out it is a through lot, with the frontage on Lakewood Boulevard of approximately 66 feet, on which the applicant desires to establish an 18-foot high, 32 square pole sign. The Downey Municipal Code requires minimum street frontage of 150 feet. The applicant requests a reduction of this requirement, and elimination of the requirement for landscaping around the pole sign. Mr. Yoshiki mentioned that the portion of the auto mall situated on Lindell Avenue is comprised of two lots totaling approximately 169 foot of frontage. Council Minutes 9/27/88 -2- 8a36 City Clerk Young explained a letter was received from Credit Auto Mart this evening and distributed to the Council. Mayor Cormack asked the Applicant to come forward and present his case. Mr. Christopher Chamberlin, President and General Manager of Credit Auto Mart, read the letter he submitted for Council review this evening and submitted further photographs for the Council's perusal. He said he would be willing to withdraw his request for a sign on Lindell, but his main concern is for a lighted pole sign on Lakewood Boulevard. Also, he proposed using Lakewood Boulevard as his advertising address rather than Lindell Avenue and pointed out he has lost business to auto dealers further north on Lakewood Boulevard in Pico Rivera due to lack of signing. City Attorney Thorson was asked if it would be possible for the Council to approve the variance on condition that a letter is executed combining all three parcels, and he replied the Council would have to make the findings required for the variance to show there is something special about the property that does not affect other properties. If those findings are made, conditions could be added that regulate the placement of the sign, a lot combination agreement, or a covenant that the sign be removed if any one of the properties are sold. Council Member Paul asked Mr. Chamberlin about recording a condition or covenant indicating that in the event two of the lots could be consolidated or in the event he moved, sold, or transferred his business that the variance would automatically be revoked. Mr. Chamberlin responded he would welcome such a condition or covenant. Mr. Philip Putmam said he and his wife borrowed money to get the car dealership started because his son is also involved in the business. He urged approval of the sign. Mr. Joel Lubin, 7820 Allengrove, said he is in partial support and favored the pole sign and small sign on Lindell. His main concern is the entire area. Mr. Edward Hare, 9350 Dinsdale, stated the area north of the Santa Ana Freeway to Telegraph Road is a disgrace in terms of utilization and aesthetics. He supported approval of the variance. There being no one else to speak in favor and no one to speak in opposi- tion, it was moved by Council Member Paul, seconded by Council Member Hayden, and carried 4-0 (Council Member Barb absent) to close the hearing. Council Member Boggs requested in the future that Planning Commission Minutes be attached to the material presented on zoning matters. It was moved by Council Member Paul, seconded by Council Member Boggs, and carried 4-0 vote (Council Member Barb absent) to approve the variance for a sign on Lakewood Boulevard and required landscaping, but not a sign on Lindell Avenue, and direct staff to prepare a resolution for adoption October 11, 1988, approving the variance with findings, covenants (three parcels as one), and conditions included. Council Member Paul stated for the record he feels this case involves a hardship based on the odd -shaped parcel and the fact that the major frontage is on a street which residences have objected to and which does not have the purpose of promoting a business. He feels the conditions being added accomplish the goal of the Council without making an exception, and further that his decision is based on the requirements of the case. Council Member Boggs stated for the record she is basing her decision on this matter on the odd shape of the parcel and the fact that the major thoroughfare on which the sign should be located is Lakewood Boulevard. Council Member Hayden and Council agreed that the applicant be given the opportunity to address the conditions at the time the resolution is presented for adoption. Mr. Thorson said the Council can make an exception to hear from the applicant at that time. Council Minutes 9/27/88 -3- 4 ORAL COMMUNICATIONS - Items not on Agenda Joyce Lawrence, 9627 Cheddar Street, spoke in support of Proposition 85 - California Library Construction and Renovation Bond Act of 1988, which will appear on the November ballot. She stressed the need to expand libraries to make them more accessible to the handicapped, strengthened for earthquake safety, and remodeled to be more energy efficient. Mrs. Lawrence requested the Council's support of this bond issue by adoption of a resolution. There being no objections, it was so ordered to direct staff to prepare a resolution supporting Proposition 85. Mr. Edward Hare, 9350 Dinsdale Street, Chairman of Citizens for Downey Committee, addressed the Council to discuss some misinformation regarding recent actions of the committee. He commented regarding the forum that was held for candidates in the City Council Election, whereby committee members raised issues and concerns regarding problems with the City and attitudes of City employees and services provided. Mr. Hare referred to a recent newspaper article that reported on a committee motion - that called for the resignation of the Public Works Director, Building Official and the City Manager - which was not seconded but was discussed at length. It was subsequently decided a letter would be drafted to the City Council reiterating the committee's concern about the lack of proper consideration by City employees, and further recommending that if the situation does not improve that the Council consider changing City Managers. Mr. Hare agreed that in most cases City employees are correct in their interpretation of the Code, but he questioned their attitude and the manner in which the public is handled. Mayor Cormack commented regarding conversations with Mr. Hare's predecessor and suggested the Citizens for Downey be encouraged to work with the Council, who is anxious to deal with the public and solve problems as they occur. He pointed out he has heard some of the abuse staff takes, which they should not be expected to, and if an inequity occurs, the Council would like to be advised of it at the time, not later. Council Member Hayden extended her appreciation to Mr. Hare for his attempt to clarify what was in the newspaper. She requested that he provide specific reasons for requesting replacement of City personnel. Mr. Hare said he is in the process of obtaining this information. Council Member Boggs said she feels there has been an attempt by the Citizens for Downey Committee (who she identifies as citizens against Downey) to strong-arm the City Council. She wants to work with people to address and solve problems identified in the City. Mr. Hare responded by saying there is different leadership in the organiza- tion and there will be different controls. He also pointed out there is no call for replacement of personnel at this time. Mr. Joel Lubin, 7820 Allengrove, suggested the Council consider a positive position on the ballot Proposition regarding the Clean Water Act. He also expressed concern regarding implementation of the Political Sign Ordinance. CONSENT CALENDAR Agenda Item VI-F-2, Resolution approving Adjustment of Compensation to Design Review Board Members and Increasing the Design Review Application Fee, was removed at the request of Council Member Boggs. Council Member Hayden requested a correction to the Minutes of the Regular Meeting of September 13, 1988, page 3, item 3, to reflect her Yes vote relative to use of Police Department personnel for Citywide Street Sweeping Parking Enforcement. MINUTES: Adjourned Regular Meeting, September 13, 1988; and Regular Meeting, September 13, 1988, as corrected. Approve. CASH CONTRACT #563, Sidewalk and Wheelchair Ramps on Cheyenne Avenue from Paramount Boulevard to Downey Avenue: Award to Pinco Construction Co. of Pomona, for their low bid of $24,419.00 and approve the appropriation of funds in the amount of $24,419.00 from Fund 40. Approve. Council Minutes 9/27/88 -4- GENERAL WARRANTS #43981-44162 and #44172-44328: $1,676,656.81. Approve. CARRY FORWARD APPROPRIATIONS: Appropriate funds in the amount of $75,000 for the Wilderness Park Security Lighting Project and $16,500 for the Multi -Purpose Room at the Theatre. Approve. RESOLUTION NO. 5072 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SETTING A NEW AMBULANCE SUBSCRIPTION CHARGE RESOLUTION NO. 5073 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO. 615 IN THE CITY OF DOWNEY FOR FUTURE OPERATION, MAINTENANCE AND REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF It was moved by Council Member Paul, seconded by Council Member Hayden, and carried by the following vote to waive full reading of Resolutions and to approve the remainder of the Consent Calendar as recommended. AYES: 4 Council Members: Paul, Boggs, Hayden, Cormack ABSENT: 1 Council Member: Barb ORDINANCES: None RESOLUTIONS: None ADMINISTRATIVE REPORTS The AGREEMENT AND GENERAL RELEASE to the meeting of October 25, 1988. - WEATHERITE SERVICE CORP, was continued DONATION OF 1957 CROWN FIRE ENGINE TO RIO HONDO COLLEGE FIRE ACADEMY Fire Chief Irwin reported on the purchase of two new fire engines which leaves a 1957 Crown Fire Engine that is of no use to the Fire Department and is proposed for donation to the Rio Hondo College Fire Academy. It is further proposed that when it is no longer of use to the College, the engine be returned to the City and converted into a museum piece. He responded to questions regarding other options that were considered but noted it was felt there was a stronger need for the equipment at the College. -It was moved by Council Member Paul, seconded by Council Member Hayden, and carried 4-0 (Council Member Barb absent) to approve donation of the 1957 Crown Fire Engine to the Rio Hondo College Fire Academy. ITEMS REMOVED FROM CONSENT CALENDAR RESOLUTION NO. 5074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJUSTING THE COMPENSATION FOR DESIGN REVIEW BOARD MEMBERS AND AMENDING THE APPLICATION FEE FOR PLANNING CASE DESIGN REVIEW It was moved by Council Member Paul, seconded by Council Member Hayden, and carried 3-1-0 (Council Member Boggs voting no; Council Member Barb absent) to waive further reading and to adopt. Prior to voting on the Resolution, Council Member Boggs stated she feels the fee is excessive, plus there is no mention of whether lay persons receive the same fee as the professionals on this Board. Council Minutes 9/27/88 -5- ;. 8539 OTHER BUSINESS AND ITEMS FOR FUTURE AGENDAS STAFF MEMBERS: None CITY COUNCIL: Council Member Paul: 1. Thanked staff for doing a good job regarding Construction of the Cheyenne Street Sidewalks. 2. Announced his Appointment of Myrtle Risley and Leon Emerson to the Emergency Preparedness Committee. Council Member Hayden: 1. Announced her Appointment of Brenda L. Ridgely and -Robert L. Shand to the Emergency Preparedness Committee. Council Member Boggs: 1. Announced her Appointment of Maxine Gaudette and Bill Bonnar to the Emergency Preparedness Committee. 2. Requested the County Sanitation District be invited to attend a Council Meeting to provide information concerning the 301(h) waiver applica- tion, which was addressed by a representative of Heal the Bay at the last meeting. Mayor Cormack indicated he will contact staff at the Sanitation District. 3. Inquired regarding status of United Business College providing student enrollment records she requested during the hearing. She was informed additional information has been received, which staff has not had an opportunity to review. 4. Requested a report regarding unsightly property on the northeast corner of Downey Avenue and Alameda Street. 5. Noted a stored recreational vehicle on residential property at the southeast corner of Cave] Street and Birchdale Avenue. 6. Said when she arrived at the meeting Mr. Gonzalez smelled quite strong of drink. Mayor Cormack: 1. Announced his Appointment of Austin Kane and Warren Heer to the Emergency Preparedness Committee. Council Member Barb will be requested to submit his appointments and Ratification of Members of the Emergency Preparedness Committee will be placed on the next Council Agenda. ADJOURNMENT: 9:58 p.m. The meeting was adjourned to 4:00 p.m., October 4, 1988, in the Council Chamber of the Downey City Hall. Jennyng, C C1 k-Tr r Council Minutes 9/27/88 -6-