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Minutes - 06-12-01 - Regular Meeting
di a wig The City Council of the City of Downey held a regular meeting at 8:28 p.m., June 12, 2001, in the Council Chamber of the Downey City Hall, Mayor Robert C. Winningham presiding. PRESENT: Council Members: MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 12, 2001 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 Kathleen Midstokke, City Clerk 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 June Yotsuya, Assistant to the City Manager Shirley Conte, Executive Secretary PRESENTATIONS Mayor Winningham noted a Certificate of Appointment for Dr. Otto Kahn for his appointment to the Downey City Hospital Commission, District 5. (Dr. Kahn was not present to receive his certificate.) Mayor Winningham presented to Joseph Fuentes, a Proclamation commending his outstanding service to children in the community and his selection as Outstanding School Crossing Guard of the Year for 2001. Mayor Winningham presented to Fionnuala Anderson, President of the Chamber of Commerce, for all residents and businesses in Downey, a Proclamation encouraging them to reduce their consumption of energy. Council Minutes 6/12/01 -1- ORAL COMMUNICATIONS Neville Kilpatrick, 8117 Fifth Street, urged the Council to allow her keep her new fence, which was found to be 6 inches above the allowed height. She noted the fence was costly and adds beauty to the street. She read a letter dated September 1962 from City Engineer Lee Leavitt thanking her for the dedication of a portion of her land for sidewalk improvements on Fifth Street and stated the fence makes her feel secure. She did not feel it should be cut down and requested the Council's assistance. Mayor Winningham deferred the issue to Mr. Caton for review of what steps can be taken to allow the fence. HEARINGS Mayor Winningham opened the public hearing on LIGHTING AND LANDSCAPING DISTRICT A.D. 121 — RESOLUTION CONFIRMING 2001 -2002 DISTRICT LEVY. Ms. Midstokke affirmed receipt of the Proof of Publication and Affidavit of Posting of Notice. It was moved by Council Member Perkins, seconded by Council Member McCarthy and so ordered to receive and file. Mr. Alvarez explained the Council approved the Engineer's Report at its May 8th meeting, which outlined the costs of operating the Lighting and Landscaping District for the coming year, and set tonight's public hearing to consider setting assessments. He noted the street lighting and landscaping maintenance district is the vehicle for funding and operating the street lighting and street landscaping maintenance system, with the cost for maintenance paid for by a combination of assessments and revenues from general property taxes. There was no correspondence received regarding this matter. Mayor Winningham asked if anyone wished to speak regarding the 2001 -2002 District Levy. There being no one to speak, it was moved by Council Member Perkins, seconded by Council Member McCarthy, and so ordered to close the public hearing. RESOLUTION NO. 6482 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE 2001 - 2002 FISCAL YEAR ASSESSMENT FOR LIGHTING AND LANDSCAPING DISTRICT A.D. 121 Council Minutes 6/12/01 -2- •© 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. Council Member McCarthy requested clarification from the City Attorney that this assessment is not affected by Proposition 62 and was informed it is only affected in the sense that it is being done in compliance with that Proposition. 0138:$11 CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Item VI -E -5, APPROVAL OF PROPOSAL FROM THE CLAYTON GROUP TO CONDUCT A HEALTH RISK ASSESSMENT FOR THE NASA SITE, was removed at the request of Council Member Cartozian. CONSENT CALENDAR It was moved by Council Member McCarthy, seconded by Council Member Trejo, and unanimously carried to waive further reading of the Resolutions and approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, MAY 22, 2001: Approve. WARRANTS ISSUED: NO. 166780 — 167350; WIRE NUMBERS 159; 30000134 -150; $3,734,518.62: Approve. AMENDMENT TO CONTRACT WITH EIP ASSOCIATES FOR CONSULTANT SERVICES TO PREPARE A SPECIFIC PLAN AND ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED KAISER PROJECT AND EZRALOW DEVELOPMENT: Authorize the Mayor to execute an amendment to the contract with EIP Associates that will now encompass both the proposed Ezralow development and the Kaiser Medical Center, on the former NASA Industrial Site: Approve. PURCHASE OF EMERGENCY GENERATOR: Authorize the purchase of an emergency generator and appropriate additional funds in the amount of $31,316: Approve. APPEAL OF ZONE CHANGE NO. 01 -28 TO CHANGE THE ZONING FOR A PORTION OF PROPERTY AT 7847 -7879 FLORENCE AVENUE AND 10021 TWEEDY LANE FROM PB (PARKING BUFFER) TO C2 (GENERAL COMMERCIAL) (ASSESSOR PARCEL NUMBERS 6360- 012 -009, 012 AND 013) (Appellant /Applicant: John Efstanthion): Set hearing for 7:30 p.m., June 26, 2001, in the Council Chamber of Downey City Hall: Approve. APPLICATION FOR TAXICAB SERVICE IN THE CITY OF DOWNEY (Applicant: Golden Yellow Cab, Inc.): Set hearing for 7:30 p.m., June 26, 2001, in the Council Chamber of Downey City Hall: Approve. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CHANGING THE TITLE OF DISPATCH SYSTEMS MANAGER TO FIRE DISPATCH MANAGER AND ESTABLISHING NEW SALARY RANGES FOR FIRE DISPATCH MANAGER AND JUNIOR ACCOUNTANT PART -TIME Council Minutes 6/12/01 -3- RESOLUTION NO. 6483 (ADOPT) ORDINANCES RESOLUTION NO. 6484 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 25704 (7838 BURNS AVENUE), APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING A LETTER OF ASSIGNMENT (NO. 0102414455) AS SURETY RESOLUTION NO. 6485 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAMS FOR INDEPENDENCE PARK, SKATE PARK AND TENNIS CENTER IMPROVEMENTS ORDINANCE NO. 1 102 (ADOPT) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY'S COMPREHENSIVE ZONING MAP AND APPROVING ZONE CHANGE NO. 01 -21, CHANGING THE ZONE FOR PROPERTY AT 8319, 8325 AND 8333 IOWA STREET FROM M2 (GENERAL MANUFACTURING) TO HM (HOSPITAL- MEDICAL ARTS) (ASSESSOR PARCEL NOS. 6255 - 008 -017, 018 AND 019) (ZONE CHANGE NO. 01 -21) • 013811. INTERIM URGENCY ORDINANCE RELATING TO ALL SELF - STORAGE USES WITHIN THE CITY OF DOWNEY Mr. Vose noted this Ordinance is a stopgap measure in order to establish some consistency to the regulation and oversight of self - storage uses. In most zones these facilities are allowed through the conditional use permit process but there are some instances where they are not. The Interim Urgency Ordinance is intended to bring some consistency for a period of time. It is not intended to eliminate or not allow the use but is intended to make sure it goes through the same review process and provide for the same findings as part of any review and approval. Council Member McCarthy supported the Ordinance, noting he sees self - storage units springing up in Downey and other cities. He stated these facilities generate a lot of traffic but not a lot of revenue or enhancement to their location and felt the issue needs to be reviewed. Council Minutes 6/12/01 -4- ORDINANCE NO. 1103 (ADOPT) AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, CREATING A MORATORIUM ON THE ACCEPTANCE, PROCESSING OR THE ISSUANCE OF DEVELOPMENT, BUILDING OR USE PERMITS FOR ALL SELF - STORAGE USES WITHIN THE CITY WITHOUT OBTAINING A CONDITIONAL USE PERMIT The Ordinance 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. Council Member Cartozian stated he was in full support of the moratorium in lieu of sensitivities to the overlay zone and other areas the City has certain visions for. Council Member Trejo felt this type of development needs to be controlled, as it may jeopardize future development of commercial or retail projects, and supported the moratorium. Mayor Winningham concurred with Council Member McCarthy in that this type of development provides very little opportunity for revenue to the City and is not the most attractive type of development. He felt there is a need for the moratorium, RESOLUTIONS: None ADMINISTRATIVE REPORTS: None OTHER BUSINESS - Consent Calendar - Items removed by Council Annroval APPROVAL OF PROPOSAL FROM THE CLAYTON GROUP TO CONDUCT A HEALTH RISK ASSESSMENT (HRA) FOR THE NASA SITE Council Member Cartozian mentioned his concern that there was no bid process conducted on this HRA assessment and stated his assumption that the reason was the Clayton Group has been under contract before on the NASA site project. Mr. George confirmed this, noting staff has been worlcing with the Clayton Group for well over a year on various aspects of identifying environmental conditions at the NASA site. By selecting them for this HRA, they are able to use significant background data already collected and this will be both time and cost efficient for the City. He noted the cost for the assessment will ultimately be born by the developer. It was moved by Council Member Cartozian, seconded by Council Member McCarthy, and unanimously carried to approve the proposal authorizing the Clayton Group to conduct a Health Risk Assessment (HRA) for the Downey NASA site for which the City of Downey is currently preparing a reuse master plan. Council Minutes 6/12/01 -5- OTHER BUSINESS - Council Members 01331q Mayor Winningham informed the press that it was Council Member McCarthy's birthday and wished him well. Mayor Winningham advised that the City will rededicate the Community /Senior Center at Apollo Park in memory of former Mayor and Council Member Barbara Jean Riley on Saturday, June 16th, at 10:00 a.m.. He noted her family will be in attendance and mementos of Barbara will be on display in the lobby. Mayor Winningham mentioned the Mayor of Guadalajara, Downey's Sister City, will be visiting the area for a world trade and business conference in Long Beach and will be the City's guest on June 27th. He advised that the City will reciprocate with a visit to Guadalajara in October. Council Member Trejo commended the Department Heads for their budget presentations earlier today and for the fine work they do for the City. Council Member Trejo stressed the need for continued support for Code Enforcement, as he felt the City needs to continue to focus on neighborhood preservation to maintain the City's neighborhoods. Council Member Cartozian echoed the sentiments of the Council regarding the comments and concerns of citizens and parents earlier tonight regarding the Old River School Road crosswalk and hoped to get this issue resolved as soon as possible, noting certain procedures must be followed. Council Member Cartozian commended all Downey Unified School District students and private school students for completing the school year. Council Member Cartozian mentioned former Mayor and Council Member Barbara Jean Riley represented District 5 prior to her illness. He noted he would not be able to attend the rededication of the Community /Senior Center due to a prior commitment but sends his thoughts and prayers to the Riley family. Council Member McCarthy mentioned attending the Greek Festival last Saturday and had a great time. He stated it is nice to see work underway on the church structure. Council Member McCarthy noted there will a meeting regarding the proposed skate park tomorrow evening and urged the City's youth to attend. He mentioned it was wonderful to see the dynamics of interaction by the youth attending prior meetings on this issue. Council Member McCarthy reminded everyone June loth is Flag Day and urged everyone to fly their flags. Council Member McCarthy noted June 14th is also graduation day at the Fire Department where six recruits will graduate to Firefighters. Council Minutes 6 /12 /01 - Mayor Pro Tem Perkins corrected a statement he made during the Budget Study Session, noting he was advised by staff that the Theatre Manager makes substantially less than the $112,000 he referred to. He cancelled his request for a report on the Theatre. Mayor Pro Tem Perkins mentioned attending the Greek Festival where he enjoyed the food and fun zone and looked forward to upcoming developments in this area of Downey Avenue. Mayor Pro Tem Perkins noted the Downey City Library will offer story time events using live animals and mentioned dates where a desert tortoise, guinea pigs, and a Siamese cat will be present. Mayor Pro Tem Perkins referred to the utility users tax and noted the City is also being hit very hard by the energy crisis. He advised that citizens on low income can seek relief by signing up at City Hall. He noted guidelines for relief are set up by the United States Department of Housing. He felt the greatest hope for all customers is that the utility companies will not continue charging such high rates. OTHER BUSINESS - Staff Members Mr. Caton mentioned that the City organized with six other cities on June 1, 1991, to have a flood control project built along the Los Angeles and Rio Hondo Rivers. He commended Thane Young, a lobbyist in Washington, who did a tremendous job for the six cities, and advised that 80 percent of Downey residents were taken out of the flood plain two weeks ago. The final project, which will bring everyone in Downey out of the flood plain, is scheduled for completion by December. Mr. Caton stated one of the reasons he enjoys working in a City Downey's size is because the Council and staff can act quickly on problems, like the crosswalk issue on Old River School Road brought forth by concerned residents tonight. He noted this does not happen in larger cities and smaller cities usually don't have the resources. The meeting recessed at 9:07 p.m. and reconvened at 9:50 p.m. with all Council Members present. ADJOURNMENT: 9:51 p.m. The meeting was adjourned in memory of Debbie Lynn Finke, wife of David Finke, a long -time employee of Downey Vendors, Inc., to 5:00 p. m., June 26, 2001, in the Council Chamber of Downey City Hall. Kathleen L. Midstokke, City Clerk H ICCLERK \SCONTEMINUCES\ccmn0612 Council Minutes 6/12/01 -7- Robert C. Winningham, Mayor