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HomeMy WebLinkAboutMinutes-10-25-88-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 25, 1988 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Presentation of $5,000 check to City by Sambi's Restaurant Cont. 1 Certificate of Appreciation to Daniel Harn- Achievement as Eagle Scout 1 Certificate of Appointment to Tom Ahrens -Health & Environmental Sanitation Committee 1 Certificate of Appointment to Maxine Gaudette - Emergency Preparedness Committee 1 Certificate of Appointment to Brenda Ridgely- Emergency Preparedness Committee I Certificates of Appointment to Myrtle Risley & Leon Emerson -Emergency Preparedness Committee 1 Certificate of Appointment to Austin Kane - Emergency Preparedness Committee 1 Battle of the Badges Memorial Football Game, Warren High School, Nov. 5 1 Proclamation declaring remaining mos. of 1988 & all of 1989 as Buckle Up For Life Challenge 1 Proclamation declaring Nov. 6-12 as Marine Corps Recognition Week 1 Appeal, Z.U. #579 f/11212, 11221, 11414 & 11432 Resolution Paramount Bl. (Paramount Chev.) 11/15 reg. meeting 3 John Gonzalez re restraining orders against him by City Officials 3 James Stahl of L.A. County Sanitation Dists. re Cont. of 301(h) Waiver 3 Removal of items from Consent Calendar 3 Minutes: Spec. Called Mtg., 10/11/88; Reg. Mtg., 10/11/88; & Spec./Adj. Reg. Mtg., 10/12/88 Approved 3 CC 9541 (Phase II) -Water Mains, Century Freeway Corridor, Bellflower Bl.-Downey Av.-Extra Work Approved 3 Completion of CC #552-Golden Park Ballcourts Approved 3 General Warrants #44698-44907; #44911-45103, $1,165,520.02 Approved 4 Chamber of Commerce Agreement for FY 1988-89 Approved 4 Res. #5080, Appointment of Grace Horney-Personnel Advisory Board Adopted 4 Res. #5082, Denying CUP #270 (United College) Adopted 4 Ordinance Amending Article VIII Chapters 2 and 4 Introduced; of the DMC Sets Hrg. 11/22 4 Mtg. recessed 9:22 p.m. & reconvened 9:30 p.m. 4 Page 1 of 2 COUNCIL MINUTES, OCTOBER 25, 1988 TABLE OF MINUTE ACTIONS (Continued) SUBJECT Citywide Street Sweeping Parking Restrictions Agreement & General Release-Weatherite Service Corp. Telephone Call Attendant System Water Utility Fund Capital Improvement Budget FY 1988-89 Assessment District #93-P, Meldar Av., et al Res. #5081, Authorizing Destruction of Certain Obsolete Records of City Clerk -Treasurer Acting City Mgr. Powell re 4:00 p.m., November 2, Study Session Acting City Mgr. re rescheduling Nov. 8, CDC/ Council Mtg. to Nov. 15 Comm. Svcs. Director Jarrett re jt. mtg. with CDC/Council & School Dist. Nov. 15 Appeal, Revocation of Massage Permit, 8726 Imperial Highway Mayor Cormack announced transfer of John Adams, News Tribune City News Editor Mtg. adjourned to 4:00 p.m., Nov. 2 ACTION PAGE NO. Alternate side posting/ Honor petitions 5 Settled 5 No action 6 Cont. to 11/2 6 Approved 6 Adopted 7 7 7 7 Sets Hrg. 11/22 7 7 7 Page 2 of 2 � 58 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 25, 1988 The City Council of the City of Downey held a regular meeting at 7:38 p.m., October 25, 1988, in the Council Chamber of the Downey City Hall, Mayor Robert G. Cormack presiding. PRESENT: Council Members: Robert G. Cormack Mayor Randall R. Barb Mayor Pro Tem Roy L. Paul Barbara J. Hayden Diane P. Boggs ALSO PRESENT: Lee Powell, Acting 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 William A. Ralph, Director of Public Works Pete Stone, Police Chief Chris Birch, Director of Personnel Sylvia Garcia, Communications Specialist Ray Hamada, Associate Planner William Makshanoff, Building Official Jim McCulloch, Motor Officer William Sumner, Fire Marshal Ed Velasco, Housing Manager Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Joyce Baker, Executive Secretary PRESENTATIONS The presentation of the $5,000 check to the City by Sambi's Restaurant was continued to a future meeting. Mayor Cormack presented a Certificate of Appreciation to Daniel Paul Harn in recognition of his achievement as an Eagle Scout. Council Member Hayden presented a Certificate of Appointment to Tom Ahrens on his appointment to the Health and Environmental Sanitation Committee. Council Member Boggs presented a Certificate of Appointment to Maxine Gaudette on her appointment to the Emergency Preparedness Committee. Council Member Hayden presented a Certificate of Appointment to Brenda Ridgely on her appointment to the Emergency Preparedness Committee. Council Member Paul presented Certificates of Appointment to Myrtle Risley and Leon Emerson on their appointments to the Emergency Preparedness Committee. Mayor Cormack presented a Certificate of Appointment to Austin Kane on his appointment to the Emergency Preparedness Committee. Mayor Cormack and Officer Jim McCulloch announced the Battle of the Badges Memorial Football Game (Police Department vs. Fire Department) at 7:30 p.m., Saturday, November 5, 1988, at Warren High School/football field, in memory of Bill Aulick, a Downey Fireman who died of cancer. The proceeds will go to the American Cancer Society. Mayor Cormack acknowledged a Proclamation declaring the remaining months of 1988 and all of 1989 as Buckle Up for Life Challenge. There was no one present to accept the Proclamation. Mayor Cormack presented to Sgt. Brudalack of the United States Marine Corps, a Proclamation declaring November 6-12, 1988, as Marine Corps Recognition Week. Council Minutes 10/25/88 -1- HEARINGS Mayor Cormack OPENED THE PUBLIC HEARING ON APPEAL TO ZONE VARIANCE NO. 579 FOR PROPERTY LOCATED AT 11212, 11221, 11414, AND 11432 PARAMOUNT BOULEVARD, WHICH WAS CONTINUED FROM THE MEETING OF SEPTEMBER 27, 1988. City Clerk Young affirmed the Proof of Publication. Hearing no objections, it was so ordered to receive and file. City Planner Yoshiki presented the staff report as set forth in the Agenda Memo dated October 25, 1988, and explained the request involves zone variance relief from the requirements of Section 9148 of the Downey Municipal Code to retain a number of nonconforming signs as they presently exist on four sites. He further added the applicant Paramount Chevrolet is an existing automobile _ dealership in the City and the zone variance deals with multiple properties. Mr. Yoshiki narrated a slide presentation showing the subject properties; current signage on the properties; and illustrations of signage to be brought up to conformance of the Downey Municipal Code. City Clerk Young advised one item of correspondence had been received on October 24, 1988, from the Applicant, Richard Ferber, President of Paramount Chevrolet (copies had previously been distributed to Council). Mayor Cormack asked the Applicant to come forward and present his case. Mr. Larry Young, Spokesman for Paramount Chevrolet, 11212 S. Paramount Blvd., referenced for the record the letter from Paramount Chevrolet to the City and the attached letter from GM -DI Leasing Corportion to Paramount Chevrolet dated October 13, 1988. He felt both Paramount Chevrolet and the City staff have been incorrect in the dimensions of the signs in question (Mr. Young asserted the correct dimensions are shown in the GM-BI Leasing Corporation letter dated October 13, 1988). Mr. Young added that many of the signs in question are leased from GM-BI Leasing Corporation. Mr. Young said Paramount Chevrolet has agreed to change or remove all signs not in conformance with the Downey Municipal Code except the four they are appealing for the following reasons: Paramount Chevrolet has a unique location with six lots and needs the identification; they are in the highly competitive business of selling cars; cost of removing and replacing leased signs, plus penalties, is $134,754 more than the current cost for existing signs; they are trying to seek assistance from the City of Downey/Redevelopment Agency in either rebuilding or relocating their dealership within the City and, if this is not possible, they will have to relocate •to a nearby competing City. He asked that the four signs be allowed to remain as they are, and if the property is sold or when they rebuild on the site, the four signs then would be removed or put in conformance with the Downey Municipal Code Sign Ordinance Mayor Cormack called for those in the audience who wished to speak in favor of or in opposition to Zone Variance No. 579. There were none. It was moved by Council Member Paul, seconded by Council Member Barb, and unanimously carried to close the Public Hearing. Council Member Hayden asked if Paramount Chevrolet had a time period in mind in regards to the statement in their letter dated October 25, 1988, to the Council, where they are asking that the four designated signs be allowed to remain and that if the property is sold, or they rebuild on the site, then at that time the four signs be in conformance or removed. Mr. Richard Ferber, President of Paramount Chevrolet, 11212 S. Paramount Blvd., responded that they need to work with the Redevelopment Agency and at this point in time it is not possible to answer this question. He said he would prefer that the the dealership remain in Downey, and that Paramount Chevrolet will be celebrating their 50th anniversary at this location next year, but they have been negotiating with other neighboring cities. Mr. Ferber said he felt it would cost him in excess of $200,000 to relocate and conform the signs pursuant to the Downey Municipal Sign Ordinance. Council discussed: Lease payments referred to as lease penalty; clarified procedure by which Paramount Chevrolet leases their signs from GM -DI Leasing Corporation; clarified that Paramount Chevrolet has open-end contract regarding the lease of the signs; specified that roof signs are not permitted; and Council Minutes 10/25/88 -2- �5G0 commented that other businesses have complied with the Sign Ordinance. City Planner Yoshiki specified for Council the four signs involved in the Appeal of Zone Variance No. 579 and their exact locations. It was moved by Council Member Boggs, seconded by Council Member Hayden, and defeated 2-3 (Council Members Paul, Barb, and Cormack voting no) to continue this item for 30 days with the possibility to extend continuation for another 60 days in the future. Prior to the foregoing vote, Council Member Barb clarified with Mr. Yoshiki that the three pole signs and one roof sign involved in the Zone Variance, predate the Downey Municipal Code and were done by permit process (clarifying the four signs in question were part of the amortization period). He asserted that the dollar increase to Paramount Chevrolet would be only the difference in new cost over old; thus, the cost of installing new signs would be approximately $896.00 a month, plus about $15,000 in demolition costs, over a ten-year lease. City Attorney Thorson advised that if Council wished to accept staff's recommendation, a new Resolution would have to be prepared and brought back before the Council as the Resolution before Council tonight denies the entire Zone Variance. It was moved by Council Member Barb, seconded by Council Member Paul, and carried 3-2 (Council Members Boggs and Hayden voting no) to approve the recommendation to deny this request for Variance as presented by staff and the Planning Commission, and direct preparation of a Resolution at the November 15, 1988, Council Meeting. ORAL COMMUNICATIONS - Items not on Agenda Mr. John Gonzalez, 12350 Orizaba Ave., commented on restraining orders against him by City Officials. Mr. James Stahl, Assistant Chief Engineer, Los Angeles County Sanitation Districts, spoke regarding the continuance of the 301(h) Waiver and referred to a video they had sent to the Council for viewing for further information (will make this tape available for the public at the library if requested). He related that the Sanitation Districts have twenty-five operating districts and that 500 million gallons of wastewater a day are generated. Mr. Stahl explained 350 million gallons of wastewater a day are left for the Sanitation Districts to treat in an environmentally safe fashion. He specified their treated wastewater is discharged off the Palos Verdes Peninsula. Mr. Stahl said the 301(h) Waiver is for five years and will allow the Sanitiation Districts and the cities they serve to continue to monitor the treatment level. Council Member Paul commented on material presented by Heal the Bay in which they said when the 301(h) Waiver was not in affect, there was an increase in growth in sea life. Mr. Stahl denied these claims and advised they have not changed their wastewater discharge, and it was the opinion of the staff of the Regional Water Control Board that these charges lacked evidence to be substantial. CONSENT CALENDAR Agenda Items VI-C-2, Assessment District No. 93-P, Meldar Avenue, et al, and VI-F-2, Resolution Authorizing Destruction of Certain Obsolete Records in the Office of the City Clerk -Treasurer, were removed at the request of Council Member Boggs. MINUTES: Special Called Meeting, October 11, 1988; Regular Meeting, October 11, 1988; and Special/Adjourned Regular Meeting, October 12, 1988: Approve. CASH CONTRACT NO. 541 (PHASE II) - WATER MAINS, CENTURY FREEWAY CORRIDOR, BELLFLOWER BOULEVARD TO DOWNEY AVENUE - EXTRA WORK: Approve extra work in the amount of $37,471.85. COMPLETION OF CASH CONTRACT NO. 552 - GOLDEN PARK BALLCOURTS: Accept improvements and approve the increase in project cost of $3,099.87 with funding by the Community Development Block Grant Fund. Council Minutes 10/25/88 -3- '.85G I GENERAL WARRANTS #44698-44907 and 144911-45103, $1,165,520.02: Approve. CHAMBER OF COMMERCE AGREEMENT FOR FISCAL YEAR 1988-89: Enter into Agreement with Downey Chamber of Commerce for Fiscal Year 1988-89, providing an allocation of $20,000 in exchange for various services: Approve. RESOLUTION NO. 5080 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MRS. GRACE HORNEY TO THE PERSONNEL ADVISORY BOARD FOR COUNCILMANIC DISTRICT ONE RESOLUTION NO. 5082 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, DENYING CONDITIONAL USE PERMIT NO. 270 AND UPHOLDING THE ACTION OF THE PLANNING COMMISSION AS SET FORTH IN ITS RESOLUTION NO. 1116 It was moved by Council Member Paul, 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: 5 Council Members: Paul, Barb, Boggs, Hayden, Cormack ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE VIII, CHAPTERS 2 AND 4, OF THE DOWNEY MUNICIPAL CODE PERTAINING TO BUILDING REGULATIONS AND THE UNIFORM PLUMBING CODE (Public Hearing set for November 22, 1988) The Ordinance was read by title only. It was moved by Council Member Hayden, seconded by Council Member Barb, and unanimously carried to waive further reading and to introduce, and set the Public Hearing for November 22, 1988. The meeting recessed at 9:22 p.m. and reconvened at 9:30 p.m. with all Council Members present. RESOLUTIONS: None (See Hearings and Consent Calendar) ADMINISTRATIVE REPORTS CITYWIDE STREET SWEEPING PARKING RESTRICTIONS Public Works Director Ralph presented the staff report pursuant to the Agenda Memo dated October 25, 1988, adding the total estimated expenditures during the first year are $363,824 (itemized in the staff report). Council Member Hayden said she has not been in total agreement with the street posting and sweeping program; however, she made the following suggestions in regards to Citywide Street Sweeping Parking Restrictions: 1) Consider posting for alternate side street sweeping and no permits; 2) Post only at beginning and end of each block or entrance of each tract; 3) Remove all mid -block posting signs that are currently in place; 4) Post on existing light standards where possible; otherwise use small diameter metal pole; 5) Use small signs for posting ( 12" x 18") with City's official flower; 6) Citations to be issued only when vehicles block the path of the street sweeper; 7) Re-evaluate and/or re - advertise street sweeping contract due; and 8) Establish weekly street sweeping schedule for all streets and sweep alleys. Council discussed the following: Street sweeping program is to provide the City with better kept streets; street posting is not a revenue generating program; residents have expressed dissatisfaction with current street sweeping company as to quality of sweeping done and the time of day sweeping occurs; alternate side street posting will eliminate the need for parking permits; if alternate side street posting/sweeping is enforced, will the number of City maintenance and enforcement personnel change; issue of why alternate side street Council Minutes 10/25/88 -4- sweeping will increase amount of street sweeping currently done; City of Downey is bordered by freeways and rivers; and how much will the additional costs be for alternate side street sweeping cost. Public Works Director Ralph said that if Council wished the City to go to alternate side street sweeping, staff would like to come back before Council with adjusted costs for enforcement and maintenance. Council Member Barb voiced his preference for alternate side street sweeping, but expressed concern over the possibility of a high percent increase in sweeping costs with this method. He also discussed the parking permit process and the amount of revenue this would bring to the City to pay for the additional costs of street sweeping posting, maintenance, and enforcement personnel. Police Chief Stone reported it would be time saving as far as enforcement concerns to issue parking permits to the residence rather than the vehicle. Mr. Robert Brown, 10902 Newville Ave., spoke in favor of alternate side street sweeping; he also feels the parking permit process should be clarified. Mr. Wallace Hunt, 10933 Cord Ave., felt the Public Works' recommendation in regards to the Citywide street sweeping parking restrictions is a very good concept and superior to neighboring cities. It was moved by Council Member Paul, seconded by Council Member Hayden (originally seconded by Council Member Boggs, who withdrew her second), and carried 3-2 (Council Members Barb and Boggs voting no) to approve alternate side street sweeping on a weekly basis; posting on each street; no permits; and rebid the street sweeping contract. Council Member Barb questioned if the majority of the Council will accept the lowest bid for the street sweeping contract; and if the bids are fifty or sixty percent higher, will the majority of the Council go forward with this cost. It was moved by Council Member Barb, seconded by Council Member Boggs, and carried 4-1 (Mayor Cormack voting no) to honor all individuals who have filed petitions for street sweeping posting (approximately fifteen petitions on file). WEATHERITE SERVICE CONTRACT Public Works Director Ralph summarized the staff report dated October 25, 1988. He advised it is staff's recommendation that the City authorize the Mayor to enter into a settlement agreement with Weatherite Service Corp. in the amount of $15,390.78, less the $390.78 owed for labor, for a total of $14,789.22 (Mr. Ralph noted a correction in the figures listed on page two, last line of the staff recommendation). Council Member Hayden inquired if the staff recommendation also included going out to bid on this contract again. Mr. Ralph responded that going out to bid again on the contract was not included in the recommendation as the City was waiting for the settlement of the Weatherite Service Corp. Agreement. It was moved by Council Member Paul, seconded by Council Member Boggs, and unanimously carried to accept staff's recommendation for settlement in the amount of $14,789.22 from Weatherite Service Corp. Prior to the foregoing vote, the following persons approached the podium to speak: Mr. Richard Henderson, 9901 Paramount Blvd., felt Council acted in good faith and concern in this matter and has no objections to Council accepting staff's recommendation. He also felt the contract should be rewritten and sent out to bid again. Mr. Henderson said the City should look into other City contracts and see if they have been audited for similar problems. Council Minutes 10/25/88 -5- Mr. Robert Henderson, 7819 Via Amorita, thanked Council for their help in this matter. TELEPHONE CALL ATTENDANT SYSTEM Administrative Services Director Powell summarized the staff report as set forth in the Agenda Memo dated October 25, 1988, and recommended Council authorize staff to proceed with the purchase and installation of a suitable Telephone Call Attendant System. Council felt this was a very impersonal type system and not suited for the image the City wishes to project. Hearing no objections, it was so ordered to take no action on the Telephone Call Attendant System. WATER UTILITY FUND CAPITAL IMPROVEMENT BUDGET - FISCAL YEAR 1988-89 Public Works Director Ralph presented the staff report pursuant to the Agenda Memo dated October 25, 1988, and recommended that the City Council approve the 1988-89 Water Utility Fund Capital Improvement Budget totaling $1,615,000, so that on -going work will continue. It was moved by Council Member Boggs and seconded by Council Member Barb to approve staff's recommendation. No vote was taken, see subsequent motion. Council Member Paul requested a copy of the Quality Element on the Master Water Plan. With reference to Consent Calendar Item VI-C-1, Cash Contract No. 541 (Phase II), Water Mains Century Freeway Corridor, Bellflower Boulevard to Downey Avenue - Extra Work, staff was asked to take no action until after the Capital Projects Budget has been approved. It was moved by Council Member Hayden, seconded by Council Member Paul, and carried 4-1 (Council Member Boggs voting no) to continue this item (see Adjourned Regular Meeting Minutes, November 2, 1988). ITEMS REMOVED FROM CONSENT CALENDAR ASSESSMENT DISTRICT NO. 93-P, MELDAR AVENUE, ET AL Council Member Boggs commented she felt that City funding of $254,000 for this projects seems excessive. Public Works Director Ralph replied that if the City went ahead and did all the work for the entire District as proposed, based on the traditional contribution that the City has made for pavement and bringing the pavement surface up to current standards, this is what the cost would be. Mr. Ralph said it is staff's recommendation that the City Council consider making the commitment to provide a City contribution if the petition on Assessment District No. 93-P is successful, and authorize the Department of Public Works to deliver the petition to the sponsors, Eleanor Lindenfeld and Gene Gauthier, for circulation. He added it was unlikely that the entire petition would be passed, and that probably only one or two streets would go in. Mr. Ralph said the petition is not a legal action, but can be worded as a legal action to waive certain provisions of the Streets and Highway Code. It was moved by Council Member Barb, seconded by Council Member Boggs, and unanimously carried to approve staff's recommendation. RESOLUTION AUTHORIZING DESTRUCTION OF CERTAIN OBSOLETE RECORDS IN THE OFFICE OF THE CITY CLERK -TREASURER Council Member Boggs pulled this item from the Consent Calendar to ask that no action be taken for ninety days so that the Historical Society or anyone else concerned, could review and pull any records of interest to them. Council Minutes 10/25/88 -6- RESOLUTION NO. 5081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE CITY CLERK -TREASURER The Resolution was read by title only. It was moved by Council Member Boggs, seconded by Council Member Paul, and unanimously carried to waive further reading and to adopt, with the recommendation that no action be taken for ninety days. Prior to the foregoing vote, Council Member Barb asked that the list of records for destruction be checked, so that any records that are not public documents that concern personnel are destroyed. Adminsitrative Services Director Powell responded that this list would be checked so that no one has access to confidential records. Council Member Boggs advised she would like all the I-105 Freeway records on the list. OTHER BUSINESS AND ITEMS FOR FUTURE AGENDAS STAFF MEMBERS: 1. Acting City Manager Powell discussed the Study Session scheduled for November 1, 1988; Council rescheduled it for 4:00 p.m., November 2, 1988, in the Council Chamber. 2. Acting City Manager Powell discussed rescheduling the November 8, 1988, Community Development Commission and City Council Meeting due to this being Election Day. The meetings were rescheduled to November 15, 1988. 3. Community Services Director Jarrett confirmed a joint meeting with the Community Development Commission/City Council and School District at 5:30 p.m., November 15, 1988, in the second floor Training Room. APPEAL FROM REVOCATION OF MASSAGE PERMIT, 8726 IMPERIAL HIGHWAY 1. Police Chief Stone asked that the Hearing regarding this matter be set for the Council Meeting of November 22, 1988, which is in agreement with the Applicant/Appellant. It was moved by Council Member Boggs, seconded by Council Member Hayden, and unanimously carried to to set the Hearing for Appeal, Revocation of Massage Permit (8726 Imperial Highway- Applicant/Appellant: Wol Yi Kim) to 7:30 p.m., November 22, 1988. CITY COUNCIL: Mayor Cormack: 1. Announced transfer of John Adams, City News Editor of the News Tribune. ADJOURNMENT: 11:00 p.m. The meeting was adjourned to 4:00 p.m., November 2, 1988, in the Council Chamber of the Downey City Hall. Jenny�Ydun 'ty C eurer Council Minutes 10/25/88 -7-