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HomeMy WebLinkAboutMinutes - 02-27-01 - Regular Meeting0 13 7 2 ': PRESENT: Council Members: MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 27, 2001 The City Council of the City of Downey held a regular meeting at 8:04 p.m., February 27, 2001, in the Council Chamber of the Downey City Hall, Mayor Robert C. Winningham presiding. Robert C. Winningham Mayor Meredith H. Perkins Mayor Pro Tem Rick Trejo Kirk O. Cartozian Keith McCarthy ALSO PRESENT: Gerald M. Caton, City Manager Charles Vose, City Attorney Judith McDonnell, City Clerk- Treasurer Lee Powell, Assistant City Manager Desi Alvarez, Director of Public Works John Finch, Police Chief Darrell George, Director of Community/Economic Development James Jarrett, Director of Community Services John Michicoff, Director of Finance Mark Sauter, Fire Chief Ron Yoshiki, Asst. Director of Community Dev. /City Planner Vicki Jenkins, City Librarian Kevin O'Connor, Theatre Manager Steven Yee, Economic Development Coordinator June Yotsuya, Assistant to the City Manager Shirley Conte, Executive Secretary PRESENTATIONS Council Member McCarthy presented Certificates of Appointment to the following District 1 appointees: Martin Susnir, Water Advisory Board and Water Facilities Corporation; and Mark Vasquez, Downey City Hospital Commission. Council Member McCarthy also noted the following District 1 appointees who were not present to receive their Certificates of Appointment: Louis Apodaca, Golf Course Authority and Recreation and Community Services Commission Nikki Uttermohlen, Civic Center Corporation and Personnel Advisory Board Debbie Black, Library Advisory Board David Gafin, Planning Commission Steven Brad Lofing, Emergency Preparedness Committee Patti Brode, Citizens' Health and Environmental Sanitation Committee Jane Bartlett, Citizens' Health and Environmental Sanitation Committee Council Minutes 2/27/01 -1- 013 72 Council Member Trejo noted a Certificate of Appointment for Joan Frey, Citizens' Health and Environmental Sanitation Committee, District 3. (Ms. Frey was not present to receive her certificate.) Mayor Winningham presented a Certificate of Appointment to Alda Sichting, Emergency Preparedness Committee, District 4, which was continued from the Council Meeting of February 13, 2001. Ms. Sichting thanked Mayor Winningham for her appointment and noted this is a very important committee that needs volunteers from the community to make it work and to make the public aware. Council Member Cartozian presented Certificates of Appointment to Roger Brossmer, Planning Commission; David Buhler, Emergency Preparedness Committee; Maria Larkin, Emergency Preparedness Committee; Cynthia Magana, Citizens' Health and Environmental Sanitation Committee; George Redfox, Personnel Advisory Board; Bettie Skelton, Library Advisory Board; Guy Sterner, Parking Place Commission; and Ron Thibodeaux, Recreation and Community Services Commission, District 5. Council Member Cartozian also noted the following District 5 appointees who were not present to receive their Certificates of Appointment: HEARINGS James Derry, Cable TV Citizens' Advisory Committee Dr. John Sims, Civic Center Corporation Dennis Pagenkopp, Traffic Committee Herb Stevens, Water Advisory Board Diane Boggs, Water Facilities Corporation Mary Stevens, Citizens' Health and Environmental Sanitation Committee Mayor Winningham opened the public hearing on GENERAL PLAN AMENDMENT NO. 00 -101 TO CHANGE THE LAND USE DESIGNATION FOR PROPERTY LOCATED AT 9215 HALL ROAD FROM LOW- MEDIUM DENSITY RESIDENTIAL TO GENERAL MANUFACTURING. Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council Member McCarthy, seconded by Council Member Perkins, and so ordered to receive and file. Mr. Yoshiki explained the General Plan is the land use policy that guides the future of the City and narrated a visual presentation of the subject property at 9215 Hall Road, noting the current General Plan identifies the property for continued residential use. The current zoning is industrial with a parking buffer on the west of the site, which abuts residential properties along Margaret Street. The site is almost 3 acres with 455 feet of street frontage on Hall Road and has been used as overflow parking for the industrial uses to the south. The City felt that with residential developments to the west, there could be plans to continue this land use pattern; however, with changes occurring in the City, as reflected by the proposed development of the NASA site to the south, this land use pattern Council Minutes 2/27/01 -2- was not felt to be the best policy. Therefore, to further encourage industrial activities, the Planning Commission recommends amending the General Plan policy to change the land use classification to General Manufacturing to extend the industrial areas to the east and south. There was no correspondence received regarding this matter. There being no one to speak in favor or in opposition to the proposed General Plan Amendment, it was moved by Council Member Perkins, seconded by Council Member McCarthy, and so ordered to close the hearing. RESOLUTION NO. 6462 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY'S GENERAL PLAN LAND USE DESIGNATION FROM LOW - MEDIUM DENSITY RESIDENTIAL TO GENERAL MANUFACTURING FOR PROPERTY LOCATED AT 9215 HALL ROAD, ZONED M2 (GENERAL MANUFACTURING) AND PB (PARKING BUFFER) (ASSESSOR PARCEL NUMBER 6284 - 013 -003) (GENERAL PLAN AMENDMENT NO. 00 -101) The Resolution was read by title only. It was moved by Council Member Perkins, seconded by Council Member McCarthy, and unanimously carried to waive further reading and adopt. Prior to the vote, Council Member Cartozian asked if a new industrial development has been proposed and the response was no. He also inquired how an environmental study was done if the City does not have a proposal. Mr. Yoshiki explained the General Plan is a policy document and the zoning is the implementing tool that will allow future development. Contained within the industrial and parking buffer zone is the separation between the residential area and any forthcoming developments and staff feels the separation will address most of the concerns of the residential properties to the west and conducted the environmental study with this in mind. Council Member McCarthy inquired if there was a buffer on the property now and, if not, could one be required. He was informed there is a chain link fence there now, the Downey Municipal Code requires a barrier and lists setback requirements when the site abuts residential properties to afford additional safety. Council Member Trejo indicated there were previous plans to develop residential homes in this area but the Planning Commission had safety concerns with trucks, etc and he was glad to see it move in this direction, as he also had concern with buffers. Council Member Perkins mentioned this came before the Planning Commission in October of 2000 when the owner requested rezoning the property from M -2 (General Manufacturing) and PB (Parking Buffer) to R -2 (two- family residential). At that time staff was directed to review the land use policy. After review, it was determined the best land use was M -2 with PB. Council Minutes 2/27/01 -3- ORAL COMMUNICATIONS Roger Brossmer, 12744 Parrot Avenue, stated he sits on the Downey School Site Committee and noted a topic on the agenda at a recent meeting was police in schools. He commented on the value of this program but noted funds are running out. Downey High School has been asked to come up with the funds to have the police on campus, which they have done through the end of the next school year. He hoped the City would look into the continued funding to have police on campus to take the burden away from the actual school sites. CONSENT CALENDAR - ITEMS FOR REMOVAL Mr. Caton noted Agenda Item VI -E -2, DESIGN AND ARCHITECTURAL SERVICES FOR DOWNTOWN FACADE IMPROVEMENT PROGRAM, will be continued to the Council Meeting of March 13, 2001, as it coincides with Community Development Commission Agenda Item V -A, which was continued. CONSENT CALENDAR 1'04 BT It was moved by Council Member McCarthy, seconded by Council Member Cartozian, and unanimously carried to waive further reading of the Resolutions and Ordinances and approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, FEBRUARY 13, 2001: Approve. WARRANTS ISSUED: NO. 164027 — 164367; WIRE NUMBERS 30000082 -88; $1,966,889.74: Approve. TASK FORCE FOR REGIONAL AUTO -THEFT PREVENTION (TRAP): Approve authorization to the Police Department to increase its staffing level by one police officer to -® allow participation in the TRAP Program: Approve. APPROPRIATION ADJUSTMENT - ENCUMBRANCES FISCAL YEAR 1999 -2000: Approve the carry- forward budget items and the Appropriation Adjustments for fiscal year 1999 -2000: Approve. REFER APPEAL OF DENIAL OF POLICE PERMIT RENEWAL TO A HEARING OFFICER: Refer the appeal of Ms. Veronica Barrera (Beverly Hills Ice Cream Delivery) to a Hearing Officer in accordance with Downey Municipal Code Section 6404: Approve. AGREEMENT WITH JAMES H. DYKSTRA FOR CONSULTANT SERVICES: Authorize an agreement for consultant services between the City and James H. Dykstra in an amount not to exceed $65,000 for the period of January 1, 2001 to June 30, 2002: Approve. Council Minutes 2/27/01 -4- 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 24737 (10846 DOWNEY AVENUE AND 8314 -8316 LA VILLA STREET), APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING A REFUNDABLE CASH DEPOSIT (NO. 478921) AS SURETY ORDINANCES: None RESOLUTIONS: None ADMINISTRATIVE REPORTS Council Minutes 2/27/01 -5- RESOLUTION NO. 6463 (ADOPT) RESOLUTION NO. 6464 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT ON ASSESSMENTS WITHIN LIGHTING AND LANDSCAPING DISTRICT A. D. 121 FOR FISCAL YEAR 2001 -02 ORDINANCE NO. 1096 (ADOPT) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 9122.04 (a, b, q, ah, an, and av) OF THE DOWNEY MUNICIPAL CODE TO CONSOLIDATE CERTAIN OFFICE ACTIVITIES AND PLACE THEM UNDER THE CLASSIFICATION OF "ADMINISTRATIVE AND GENERAL OFFICES," IN THE C -1 (NEIGHBORHOOD COMMERCIAL) ZONE (CODE AMENDMENT NO. 00 -110) ORDINANCE NO. 1097 (ADOPT) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 6185 OF THE DOWNEY MUNICIPAL CODE (UTILITY USERS TAX) APPROPRIATE ADDITIONAL FUNDS AND AWARD CONTRACT TO LVH ENTERTAINMENT SYSTEMS FOR DOWNEY THEATRE LIGHTING CONTROL REPLACEMENT PROJECT Mr. Jarrett advised the 2000 -2001 budget appropriated $120,000 to replace the lighting control system in the Theatre. This system manages the theatrical instruments that allow lights to be grouped together, to fade in, dim, and go off and on, during a typical stage production. The current boards are part of original equipment installed in 1970 and replacement parts have not been manufactured for over ten years. On February 13th bids were opened for a new replacement system, which includes both design and equipment installation of the complete system. The low bid was $199,950, which is $80,000 more than the original budget estimate, which was a verbal estimate and 4 11 3 , 72 did not include actual specifications. The low bid was submitted by LVH Entertainment Systems, who has a long history of theatrical lighting installations. A five - percent contingency has been allowed to cover the cost of light cables that may also need to be replaced. It is recommended additional funds be appropriated in the amount of $90,000 for replacement of the lighting system. He responded to comments from the Council. Council Member McCarthy stated he hoped the flooring and restroom facilities in the Theatre could be approached in the near future and was informed the Recreation and Community Services Commission is aware of these issues and will bring them forward for future budget consideration. It was moved by Council Member Perkins, seconded by Council Member McCarthy, and unanimously carried to appropriate additional funds in the amount of $90,000 and award a contract to LVH Entertainment Systems for replacement of the Downey Theatre lighting control system. PETITION TO THE WATER RESOURCE BOARD/LOS ANGELES RIVER TRASH TOTAL MAXIMUM DAILY LOADS (TMDL) Mr. Alvarez gave a presentation regarding the new storm water regulations adopted by the Regional Water Quality Control Board on January 25, 2001, requiring cities in the Los Angeles River watershed to reduce the amount of trash in the municipal storm drain system to a "zero level" in the next twelve years. He noted the City has worked to implement cost - effective programs to reduce the amount of trash finding its way into the storm drain system and advised the Regional Board has imposed a Trash TMDL that is basically a total maximum daily load that will be allowed into the Los Angeles River. Two factors considered in addressing this issue are: The desire to remove litter; and a consent decree mandating implementation of the Trash TMDL, which was entered into by the United States Environmental Protection Agency Region 9 and various environmental organizations. Part of the consent decree agreed to adopt the Trash TMDL by March 2001. It is felt the Trash TMDL proposed does not meet the intent of the TMDL process and will place unreasonable financial burdens on cities and all permittees and probably will not yield the desired results. It includes unrealistic »— deadlines; assumes a level of data collection that has not been completed to date; requires cities to reduce the amount of trash entering the Los Angeles River to zero in a twelve -year period; and will be imposed through the Municipal Stormwater and Urban Runoff NPDES (National Pollution Discharge Elimination System) permit, which is currently in place and is being renewed. Failure to comply will subject cities to fines of $25,000 per day. He reviewed the definition of trash in the TMDL and noted it will require monitoring requirements for the City, which are being implemented through the Los Angeles Department of Public Works. He reviewed six major problems with the Trash TMDL listed in the staff report and noted implementation of the Trash TMDL will require increased enforcement of litter laws and will have an impact on public safety services. He felt a daily TMDL is not an appropriate mechanism to deal with litter. It places a burden on cities and forces them to come up with the resources to implement whatever needs to be done in order to be in compliance. It sets a bad precedent and is the first of approximately 90 TMDL's, which will be the responsibility of cities as part of the stormwater NPDES permit. He responded to comments from the Council. Council Member McCarthy mentioned a recent meeting with State Senator Karnette on the issues of the Los Angeles Water Resources Board and inquired if it only affects the Los Angeles River. Council Minutes 2/27/01 -6- fl,37 Mr. Alvarez replied another Trash TMDL was implemented last year that affects the upper fork of the San Gabriel River, affecting land under the jurisdiction of the National Forest Service. It set a precedent; has gone through the full review process, including administrative law review; and has been approved. The Regional Board is preparing to issue a draft for another Trash TMDL for Bologna Creek that will affect additional cities. The plan is to eventually affect all cities. He noted the storm drains in Downey exit into both the Los Angeles and San Gabriel Rivers but for purposes of the NPDES permit, every city is assigned to a watershed group and Downey is in the San Gabriel River watershed group. Council Member Perkins mentioned a previous mandate placed on the City to catch the first 3/4 of an inch of rainwater in new developments, noting cities are being forced to do this but no funding is available. He referred to a project in the City that incurred additional costs of $340,000 to comply with this mandate. He also referred to property tax regulations in 1992 when the State re- regulated property tax and took part away from the cities in order to balance the State budget. He suggested the petition emphasize that these property tax funds be returned to cities. Mayor Winningham felt the Coalition for Practical Regulation is heading in the right direction and this needs to be appealed to the State Water Resource Board. He also mentioned the financial impact to cities from unfunded mandates. RESOLUTION NO. 6465 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE FILING OF A PETITION TO THE STATE WATER RESOURCES CONTROL BOARD CONTESTING ACTIONS TAKEN BY THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES REGION, IN CONNECTION WITH THE TRASH TOTAL MAXIMUM DAILY LOADS FOR THE LOS ANGELES RIVER WATERSHED (JANUARY 25, 2001) AND AUTHORIZING THE FILING OF A CHALLENGE RELATED TO THE FAILURE OF THE REGIONAL BOARD TO COMPLY WITH CEQA The Resolution was read by title only. It was moved by Council Member Perkins, seconded by Council Member McCarthy and unanimously carried to waive further reading and adopt. It was moved by Council Member Perkins, seconded by Council Member McCarthy and unanimously carried to authorize expenditure of 510,000 to support the Coalition for Practical Regulation's appeal of the Trash TMDL. OTHER BUSINESS - Consent Calendar - Items removed by Council Annroval: None OTHER BUSINESS - Council Members Council Member Trejo mentioned attending the Independent Cities Association Conference in Santa Barbara and enjoying the company of his fellow Council Members. Council Member Trejo thanked Chief Finch for feedback on code enforcement issues. Council Minutes 2/27/01 -7- Council Member Perkins thanked the student from Rio Hondo Elementary School for requesting a skatepark and complimented Recreation and Community Services staff for doing an excellent job on this project. Council Member Perkins mentioned the Independent Cities Association Conference in Santa Barbara and noted he and Council Member Cartozian visited a skatepark facility in that area. Council Member Perkins requested a report by the next Council Meeting on how alternates for the Design Review Board can become more effective and more business friendly, Council Member McCarthy thanked the Downey Eagle and Herald American newspapers for their complimentary comments regarding the performance of "Sweet Charity" now appearing at the Downey Civic Theatre and encouraged the public to attend. Council Member Cartozian mentioned Downey and Warren High Schools' basketball teams finished their season in the CIF, with Downey losing in the first round and Warren being defeated in the second round of playoffs. Council Member Cartozian noted Troy Elam of the Downey High School wrestling team will be participating in the State Championships to be held at the University of the Pacific in Stockton. Council Member Cartozian responded to Mr. Brossmer's request for the City to assume the cost of policing of the schools, noting Belinda Wing, PTA and community advocate, advised that funds were not depleted yet but wanted it on the conscience of the Downey School Site Committee and advised it is something that will be requested from the Council in the months to come. Council Member Cartozian asked if the lighting equipment to be replaced in the Downey Civic Theatre would be available for use by either Downey or Warren High School. Council Member Cartozian acknowledged his four new commission members present in the audience and noted their strong roots in the community. Mayor Winningham mentioned a call received by the Recreation and Community Services Commission from a resident interested in providing Internet service to the computer terminals at the Community /Senior Center. He complimented Steven Yee for his work on the City's Website, which is kept up -to -date with current City Council Meeting Minutes and Agendas; a new link for the Fire Department; information on Public Works; e-mail addresses of the Council Members to allow direct access by citizens; and a map of the City that informs residents of their Council District. He also noted Mr. Yee is working on bringing information on the Nueva Azalea power plant to the Website. Mayor Winningham mentioned he and Council Member McCarthy attended a program of the Downey Lions Club who donated a United States and a California State flag that previously flew over the State Capitol to Unsworth Elementary School. The program involved students from the second through fifth grades. He noted the importance of teaching children the history of the flag and commended the Lions Club for stepping forward to help Unsworth School and congratulated the teachers for their input. Council Minutes 2/27/01 -8- 013 OTHER BUSINESS - Staff Members: None The meeting was recessed at 9:22 p.m. and reconvened at 10:45 p.m. with all Council Members present. ADJOURNMENT: 10:45 p.m. The meeting was adjourned in memory of Kirk McCarthy, brother of Council Member Keith McCarthy, to 6:30 p.m., March 13, 2001, in the Council chamber of Downey City Hall. 1,,,b/i?Le.zze Jridth E. McDonnell, City Clerk 1 -BCCLERKISCONTE\MINUTESkcmn0227 Council Minutes 2/27/01 -9- Robert C. Winningham, 4vlayor