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HomeMy WebLinkAboutMinutes - 04-10-01 - Regular MeetingPRESENT: Council Members: MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 10, 2001 The City Council of the City of Downey held a regular meeting at 7:48 p.m., April 10, 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 Ed Velasco, Manager of Housing Steven Yee, Economic Development Coordinator June Yotsuya, Assistant to the City Manager Shirley Conte, Executive Secretary PRESENTATIONS 0137,9 Mayor Pro Tem Perkins presented to Bettie Skelton and Janice Allen, Library Advisory Board Members, a Proclamation declaring the week of April 23-29, 2001, TV Turn -off Week. Mayor Pro Tem Perkins presented to Desi Alvarez a Proclamation declaring every day during the month of April as Arbor Day. He commended Public Work's staff for the outstanding job on trees planted along Paramount Boulevard between Imperial Highway and Gardendale Street, which has greatly enhanced that area. Fire Chief Sauter presented Plaques to Randy Wilson and his staff at the Auto Zone Company in appreciation of the access easement allotted to City Fire Station No. 3. Mayor Winningham thanked Mr. Wilson for working with the Fire Department on this easement. Council Minutes 4/10/01 -1- HEARINGS: None CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Item VI -E -4, PROPOSED SENIOR HOUSING DEVELOPMENT AT 11445 DOLAN AVENUE, DEVELOPER — LOS ANGELES COMMUNITY DESIGN CENTER, was removed at the request of Mayor Pro Tem Perkins. CONSENT CALENDAR Mayor Winningham noted he was absent from the Meeting of March 27, 2001, but did review the Minutes and will be voting. It was moved by Council Member McCarthy, seconded by Council Member Perkins, and unanimously carried to waive further reading of the Resolutions and approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: REGULAR MEETING, MARCH 27, 2001: Approve. CASH CONTRACT NO. S.S. 496 (ACCOUNT NO. 26- 16496) — TRAFFIC SIGNAL MODIFICATIONS AT THE INTERSECTION OF BROOKSHIRE AVENUE AND FIRESTONE BOULEVARD: Award a contract in the amount of $50,936 to Steiny and Company, Inc., for modification to the traffic signal at Brookshire Avenue and Firestone Boulevard and appropriate $14,000 from the Safety Improvement Program Account: Approve. CASH CONTRACT NO. S.S. 508 — STREET REHABILITATION AND RESURFACING (STATE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) AUGMENTATION FUND): Approve Plans and Specifications and grant authority to advertise for bids for street rehabilitation and resurfacing on various streets citywide: Approve. CASH CONTRACT NO. S.S. 513 — TRAFFIC SIGNAL PREEMPTION SYSTEM (ACCOUNT NUMBERS 26- 16513): Award a unit price contract, totaling $239,253.10 to CT &F, Inc. for traffic signal preemption system at 47 signalized intersections on Imperial Highway, Florence Avenue, Firestone Boulevard and Paramount Boulevard: Approve. WARRANTS ISSUED: NO. 165133 — 165610; WIRE NUMBERS 157; 30000104 — 109; $2,377,152.17: Approve. PAYMENT OF LOAN FROM GOLF COURSE FUND TO GENERAL FUND: Authorize the Golf Course Fund to pay $465,559 to the General Fund in order to pay -off a loan that the General Fund provided to the Golf Course Fund: Approve. CALMET REQUEST FOR SPECIAL TRASH RATE ADJUSTMENT: Decline the request for a special trash rate adjustment: Approve. Council Minutes 4 /10/01 -2- 2001 -2002 ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP GRANTS: Set public hearing for 7:30 p.m., May 8, 2001, in the Council Chamber of the Downey City Hall, to consider the proposed 2001 -02 Action Plan for submission to the U. S. Department of Housing and Urban Development: Approve. SOUTHEAST LOS ANGELES COUNTY WORKFORCE INVESTMENT BOARD (SELACO WIB) PRIVATE SECTOR NOMINATIONS FROM DOWNEY: Consider the nominations of Louis Morales and Richard Strayer and select them as Downey's Private Sector Representatives to the SELACO WIB: Approve. STREET CLOSURE FOR CHAMBER OF COMMERCE STREET FAIRE: Approve a request to close Downey Avenue from Firestone Boulevard to La Villa Street, with partial closures of 2nd and 4th Streets as identified in the application for a one -day Downey Chamber of Commerce event; and waive City costs associated with this event in the amount of approximately $4,000: Approve. ORDINANCES Council Minutes 4/10/01 -3- RESOLUTION NO. 6468 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF ROBERT JOHNSON TO THE PERSONNEL ADVISORY BOARD, COUNCIL DISTRICT 4 RESOLUTION NO. 6469 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF JERALD SILBY TO THE DOWNEY CITY HOSPITAL COMMISSION FOR COUNCIL DISTRICT 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 4603 OF THE DOWNEY MUNICIPAL CODE REGULATING THE USE OF LOUDSPEAKERS AND AMPLIFIERS Chief Finch mentioned that a Judge of the Downey Superior Court questioned the legality of the City's existing Ordinance, which has been on record for 43 years and prohibits amplified sound cast upon public streets. The concern came from the fact the Ordinance only applied to commercial speech and the Deputy City Prosecutor, in collaboration with the City Attorney's office, dealt with the Court's concern by deleting the reference to commercial advertising. It was felt this change makes the Ordinance lawful. He responded to comments from the Council. It was moved by Council Member Perkins, seconded by Council Member McCarthy, and unanimously carried to waive further reading and introduce. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 6554 AND 6554.1 OF PART 5 OF CHAPTER 5 OF ARTICLE VI OF THE DOWNEY MUNICIPAL CODE PERTAINING TO APPLICATIONS FOR PERMITS, INVESTIGATION, ISSUANCE AND GROUNDS FOR DENIAL OR REVOCATION OF PERMITS FOR MASSAGE ESTABLISHMENTS, MASSAGE SERVICES AND MASSAGE PRACTITIONERS Chief Finch explained that individuals seeking to operate or work at a massage establish- ment must obtain a permit issued by the Police Department. He pointed out convictions for prostitution or other controlled substance violations are relevant to investigations conducted in these cases and a problem arose when charges for one of these crimes was still pending and not yet adjudicated in a criminal court. It was felt the proposed amendment would require applicants to disclose pending criminal cases and would give the Police Department the ability to reserve judgement on the permit until the case has been adjudicated in a criminal court. It will also assist the Police Department in maintaining law- abiding businesses and business operations in the City. He responded to comments from the Council. Mr. Vose reviewed language changes to the Ordinance on Pages 2 and 3, noting the balance of the Ordinance remains the same. It was moved by Council Member McCarthy, seconded by Council Member Perkins, and unanimously carried to waive further reading and introduce. Council Member McCarthy reiterated a prior request that proposed language changes to Ordinances be shown with inserted text italicized and deleted text signified by strike outs, to which staff concurred. RESOLUTIONS: None ADMINISTRATIVE REPORTS Council Minutes 4/10/01 -4- ORDINANCE NO. DOWNEY MUNICIPAL CODE REQUIREMENTS PERTAINING TO THE SALE AND USE OF FIREWORKS Chief Sauter reviewed the Code Amendments approved in March 1999, which included raising the minimum age for purchasing fireworks to 18; requiring an adult to be present when fireworks are discharged; reducing the days of sale from seven to four; limiting the hours of sale to 12:00 noon to 10:00 p.m.; and defining lawful and illegal fireworks. These changes empowered members of the Police and Fire Departments to confiscate illegal and misused fireworks, and possessed by those under the age of 18; limit the discharge of fireworks to the afternoon and evening of July 4th; and close firework stands at 10.00 p.m. on July 4th to encourage the discharge of fireworks to that day only. The Fire and Police Departments formed enforcement teams to patrol neighborhoods for illegal fireworks and the misuse of safe and sane fireworks. Since implementation of the Code changes, enforcement teams found problems with fireworks persisted and the number of instances and calls for assistance did not diminish. He noted the non - profit groups utilizing fireworks stands as fundraising projects were in support of the Ordinance and he felt the Ordinance has had a positive effect on residents and how they celebrate the 4th of July. He recommended the present Ordinance be retained and he responded to comments from the Council. Council Member McCarthy noted he requested this issue be brought forward and mentioned numerous charitable organizations depend on fireworks stands to generate funds for activities that benefit youth in the community. He felt even if fireworks stands were eliminated, the amount of activity on July 4th would remain the same, as people would buy fireworks in other cities. He noted illegal fireworks are the biggest problem and thought it was important to benefit the fundraising organizations by allowing them to compete on an equal playing field in terms of hours and days of operation. He requested a review prior to July 4th to consider expanding the hours of operation for the fireworks stands. A. A. D'Alessandro, 9905 Pangborn Avenue, President of the Optimist Club, which has operated a fireworks stand for approximately 25 years, noted their sales were impacted 27 percent last year and during the previous year with the reduction in days and hours of sales. The population increase in the City has caused them to turn people away and these clients went to other cities for their purchases. He requested the hours of sales be changed to commence at 8:00 a.m., noting the population increase also has to be taken into consideration and people will still buy elsewhere. Charles Anna, 8237 Birchcrest Road, member of the Downey Elks Lodge, stated the fireworks stand is one of their major fundraisers and they made a profit last year but lost many additional sales because they could not open until noon. He felt opening at 8:00 or even 10:00 a.m. instead of 12:00 noon would help. Mayor Winningham inquired if applications have been received for this year's fireworks stands and was informed the cut off date is May 1st. He requested a report after May 1st on the profit and loss statements of the various stands showing a comparison of the previous two years. He commended staff for their work on this issue; wanted to review the numbers; and thought a compromise might be met, such as opening at 10:00 a.m. The decrease in number of days fireworks are sold and the age limit to purchase them would still be in effect. He suggested looking at the number of incidents involving Piccolo Petes and the possibility of isolating this item from sales. Council Member McCarthy mentioned the time frame for having changes in place by July 1st. He noted the July 4th weekend begins on Saturday, June 30th, and suggested including this day for sales. He also suggested using the expanded population base per the recent census to maintain the same number of stands previously allowed. Mayor Winningham requested the City Attorney to advise how adding Saturday, June 30th, would be handled, whether this could be done without amending the Ordinance. Mr. Vose explained the Ordinance would need to be amended, with language inserted detailing an additional day of sales, if the holiday falls on a certain schedule. Council Member Perkins pointed out the prior amendments to the Ordinance reduced the number of days for fireworks sales and city organizations complied, and he questioned whether this should be changed back. Council Minutes 4/10/01 -5- 013754/ Mayor Winningham had no problem with altering the hours and would like to see the ratio increased to accommodate the population increase recorded by the 2000 Census. He felt the number of days should remain the same and wanted to review the profit and Toss statements to see if there has been a decrease in profit due to the reduced hours of sales. He noted the items on the table are: Amending the Ordinance to either an 8:00 or 10:00 a.m, starting time instead of the current 12:00 noon; changing the ratio of people to take new population numbers into compliance; and whether to add an additional day on years that have a five -day period between the weekend and the holiday. Mr. Caton noted staff would prepare options for the Council's review at the May 8th Council Meeting. It was moved by Council Member Cartozian, seconded by Council Member Perkins and unanimously carried to receive and file. ORAL COMMUNICATIONS Lennie Whittington, 8542 Manatee Street, spoke regarding the Utility Users Tax and his concern that the large increase in electricity bills will allot more money to the City for this tax. He noted the tax has already been temporarily reduced due to the increase in gas bills and requested the City consider reducing it further due to increasing electricity costs. He pointed out that elderly and low income citizens cannot afford these increases. Zenaida Guerra, 7975 Second Street, noted she lives next to a public alley that belongs to the City and reiterated ongoing problems experienced with the 24 -hour gas station next door at 11025 Paramount Boulevard. She referred to a meeting December 19th with Mayor Winningham and Council Member Cartozian and inquired about the status of her complaint, noting ongoing problems still exist. She submitted various paperwork related to her complaint OTHER BUSINESS - Consent Calendar - Items removed by Council Approval PROPOSED SENIOR HOUSING DEVELOPMENT AT 11445 DOLAN AVENUE, DEVELOPER — LOS ANGELES COMMUNITY DESIGN CENTER Council Member Perkins expressed concern with the number of senior apartment units to be built on this property and that these units can revert back to apartments after a certain number of years. Mr. Velasco explained the number in the report is used to check the feasibility of the project; is based on what the Downey Municipal Code allows today for senior units; and is used to establish a subsidy required for the project. The present zoning allows up to 104 units but staff can direct the developer to reduce the number and determine whether it will work as far as subsidies required to make the project feasible. Council Member Perkins suggested further consideration be given to reduce the number of units. He also mentioned problems with previous large apartment complexes built in the City. Council Minutes 4 /10 /01 -6- .0134 Council Member Trejo concurred regarding scaling back the number of units, as he felt it could impact traffic and parking. He noted this type of housing offers a great benefit to the City and ties in with other senior developments in this area, which are also in close proximity to the hospital. Mayor Winningham supported the project, noting the property has been in a blighted condition for over a decade and felt this was a fabulous opportunity. He inquired as to the length of time before the property could revert back to apartments and was informed it would be a minimum of 30 to 40 years. He then indicated the entitlements would have to be changed at the Council level for the units to revert from senior housing to family units, since the area has been designated a senior /medical arts zone due to its proximity to the community and to hospital medical facilities downtown. He suggested moving forward with this project and noted the senior building across the street from the property has not been a burden on the community. Council Member McCarthy advised the State mandates the number of housing units each city must have and felt this development would assist Downey in meeting its requirement and was interested in seeing the project move forward. Council Member Cartozian echoed the sentiments of the Mayor and other Council Members, noting the Third Street senior housing site has aesthetically improved the downtown area and thought this project would do the same. He felt traffic would not be a problem, pointing out this is a low traffic area. It was moved by Council Member Perkins, seconded by Council Member Trejo and unanimously carried to authorize staff to negotiate a participation agreement with the Los Angeles Community Design Center for the development of senior housing at 11445 Dolan Avenue; and authorize staff to release up to $541,000 in Federal HOME funds for certain pre - acquisition costs incurred by the Los Angeles Community Design Center. Prior to the vote, Lennie Whittington, 8542 Manatee Street, advised that a private developer had requested to build 150 -200 apartment units on this site years ago but the City did not approve the project. He felt the property has been an eyesore and would like to see this project built. He noted there were over 100 applications for the 31 senior units on Third Street and suggested giving Downey seniors first consideration on these units. He felt traffic would not be a problem on this street. Council Member Trejo requested consideration be given to scaling the project back. A. A. D'Alessandro suggested CC &R's (Covenants, Conditions and Restrictions) be imposed, noting they cannot be broken and the City can put in exactly what it wants. He noted the only one who can break a CC &R is a judge. Lennie Whittington suggested the units be handicapped equipped with an alarm system. OTHER BUSINESS - Council Members Council Member Cartozian noted it was a pleasure to participate in the ARC Walk event held at the end of March and noted seeing a lot of community members and organizations participating. Council Minutes 4/10/01 -7- Council Member Cartozian referred to the Proclamation declaring April 23 -29, 2001, TV Turn -off Week and noted the average household watches TV eight hours per day. He felt it was important to educate children about the benefits of engaging in activities outside the home, stating, as a teacher, he is greatly concerned with the amount of TV children watch. Council Member Cartozian mentioned the May 5th Street Faire hosted by the Downey Chamber of Commerce and encouraged everyone to attend. Council Member Cartozian referred to the Proclamation declaring Arbor Day and supported any project that would bring more tree planting to the community. Council Member McCarthy noted many City employees participated in the ARC Walk. Council Member McCarthy mentioned Betty Morris and Carol Rowland were nominated by Assemblywoman Sally Havice as Woman of the Year for Assembly District 56 and congratulated both nominees. Council Member McCarthy complimented Police Department staff who did well in the Baker to Las Vegas run event. Council Member McCarthy mentioned receiving a copy of the Attorney General's report regarding the 19.2 percent decrease in crime for Downey, noting it was the greatest decrease in the State of California compared to the 77 jurisdictions with populations of 100,000 or more. He congratulated Chief Finch and the citizens of Downey. Council Member McCarthy thanked Fire Department staff and Boy Scout members for attending the Council Meeting. Council Member McCarthy mentioned a KNX commentator expressed positive comments on the Regional Transportation Plan. He mentioned representing Downey and South Gate on the Southern California Association of Governments (SCAG), which is in the process of working on an enormous transportation plan for the next 20 years for the six county area and is to be voted on next Thursday. Council Member McCarthy referred to a letter sent by Mayor Winningham to the Governor of California requesting scheduled power blackouts rather than unannounced blackouts, to allow businesses and communities to accommodate these events rather than being caught off guard. Council Member Perkins noted the Council has been in session since 9:00 a.m. this morning interviewing applicants for the City Clerk position. Council Member Perkins mentioned having the opportunity to attend City Clerk Judy McDonnell's retirement party and indicated he has enjoyed working with her and she will really be missed. He thanked her for her dedication to Downey. Council Member Trejo thanked the Council for allowing him to travel to Washington D.C. a few weeks ago and complimented Gerald Caton and Darrell George for the fine job they did while in Washington. Council Minutes 4/10/01 -8- Council Member Trejo mentioned attending the Long Beach Grand Prix on Sunday, noting his daughter asked if Downey could have one of these races. Mayor Winningham requested an item be added to the next Recreation and Community Services Commission Agenda regarding the capability of offering internet access at the Community/Senior Center. Mayor Winningham encouraged everyone to have a safe and loving day on Easter Sunday. Mayor Winningham referred to his recent trip to Washington D.C. to meet with representatives to bring closure to the escrow on the Boeing property by June or July of this year. He complimented Mr. George and Mr. Caton for doing an excellent job, noting it means a lot not to just have City Staff but to also have Council Members and representatives like Congressman Horn present. Mayor Winningham responded to Ms. Guerra's comments, apologizing for not getting back to her sooner. He indicated Arco representatives want to pull permits and build a 60 -foot fence across their lot and put landscaping in to protect Ms. Guerra. They also agreed to cease nighttime deliveries. The fence will be chain link with wooden slats and there will be landscaping on a 30 -foot section. There will also be a section of the fence that can be opened to accommodate delivery trucks through the alleyway, which is a public right of way. He offered to meet with Ms. Guerra within seven days to apprise her of the current situation. OTHER BUSINESS - Staff Members Mr. Caton mentioned the City Council receives no salary and complimented them for putting in long hours today. Mr. Caton indicated the City Clerk is now working under a temporary contract while the search is made for her replacement and stated she will be extremely hard to replace. Mr. Caton noted Chief Finch is a modest man, and that he did extremely well on the Baker to Las Vegas race, with only one person coming in ahead of him during his leg of the race. Responding to Mr. Whittington's comment, Mr, Caton noted the City is legally obligated to put the Utility Users Tax in the general fund. To his knowledge this tax has been on the books for over 25 years, and that while the rate has changed over time, he is always open to suggestions on how to cut the budget. Cuts normally mean a reduction in Police, Fire, Library. The 40 percent increase in electricity costs will mean $700,000 to the City that staff will have to find in this year's budget. He noted the City does not want to get rich off the electricity increase and staff will work very hard on how not to increase this tax. Mr. Caton echoed the Mayor's comment that it is always educational to go to Washington D.C. He commended Congressman Horn for his support of the City and for attending a meeting at NASA that he was not scheduled to attend. Congressman Horn really delivered for the City of Downey. Council Minutes 4 /10 /01 -9- 01.V, j', 1 The meeting recessed at 9:15 p.m. and reconvened at 10:20 p.m. with all Council Members present. ADJOURNMENT: 10:20 p.m. The meeting was adjourned to 8:30 a.m., April 14, 2001, in the Council Chamber of Downey City Hall. .wdith E. McDonnell, City Clerk H:I CCLERKISCONPE\MtN[TIBSlccmn0410 Council Minutes 4/10/01 -10- Robert C. Winningham, Ma or