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Home My WebLink AboutMinutes - 06-08-99 - Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 8, 1999 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Res. #6270, denying the Appeal & approving CUP #99 -08, permitting on -sale alcohol & entertainment in a restaurant at 8014 -8018 Telegraph Rd., Zoned C -2 Adopted 2 Res. #6271, conf. the 1999 -2000 FY Assessment for Lighting & Landscaping Dist. A.D.121 Adopted 3 Removal of Items from Consent Calendar 3 Council Minutes: Adj. & Reg. Mtgs., 5/25/99 Approved 3 C.C. No. S.S. 491 — Misc. concrete construction & repair: Approve extra work & accept improvements & maint. Approved 3 Warrants Issued: 155706 — 156134, $1,412,975.45 Approved 3 Agreement for crossing guard services: Auth. Cty. Mgr. to sign one -year extension w /All City Management Services, Inc. Approved 3 Cooperative agreement w /State Dept. of . Trans (Caltrans) p to study recovering groundwater along 1405 Freeway Approved 4 Res. #6272, approv. final subdiv. map of Tract Map #52701 (7646 Stewart & Gray Rd.) Adopted 4 Ord. amend. Art. III, Chapter 3, of DMC, adopt. 1998 California Fire Code of Regulations, incorporating the Uniform Fire Code, 1997 Edition Introduced 4 Consider location for installation of bronze plaque: Install at S.W. entrance to the Senior Center at Apollo Park Approved 5 Appeal of CUP #98 -54, 9770 Washburn Rd. (DART) Set hrg. 7:30 p.m. 6/22/99 5 Cn. Winningham req. Pub. Wks. Dept. draft a letter to Caltrans re maint. of freeway ramps Ref. to staff 5 PAGE 1 OF 2 COUNCIL MINUTES, JUNE 8, 1999 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cn. Perkins noted the Downey Police & Fire Memorial Foundation will have their golf tournament within next 4 months 5 Mayor Pro Tem McCarthy re agreement w /Caltrans to recover groundwater along the I -105 Freeway 5 Cn. Lawrence re Getty Museum profiling smaller archives & giving credit to Barbara Dye Callarman for Downey's recognition in this collection 6 Cn. Lawrence asked about City policy outlining parameters for displaying gift art on City property Ref. to staff 6 Mr. Caton ack. Dr. John Sims in audience & congratulated him on recent marriage 6 Mr. Caton mentioned rep. of So. Calif. Edison Co. will attend next Council 1VYtg. to report on their street light maint. prog. 6 Adjourned in memory of Ben `D Corbin, former Mayor & Council Member 6 Meeting adjourned to 6:30 p.m., June 22, 1999 h:\cclerk\sconte \tab10608 PAGE 2 OF 2 11191 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 8, 1999 The City Council of the City of Downey held a regular meeting at 7:37 p.m., June 8, 1999, in the Council Chamber of the Downey City Hall, Mayor Gary P. McCaughan, M.D. presiding. g � . P g PRESENT: Council Members: Gary P. McCaughan, M.D. Mayor Keith McCarthy Mayor ProTem Joyce L. Lawrence Robert C. Winningham Meredith H. Perkins 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 Greg Caldwell, Police Chief Darrell George, Director of Community/Economic Development Ron Irwin, Fire Chief • James Jarrett, Director of Community Services Lowell Williams, Director of Finance Robert Brace, City Engineer Bob Rowe, Deputy Fire Marshal Ron Yoshiki, Asst. Director of Community Dev. /City Planner June Yotsuya, Assistant to the City Manager Shirley Conte, Executive Secretary PRESENTATIONS: None HEARINGS Mayor McCaughan announced the time for Council consideration of the APPEAL TO CONDITIONAL USE PERMIT (CUP) NO. 99-08, A PERMIT FOR ON -SALE ALCOHOL AND ENTERTAINMENT IN A RESTAURANT FOR THE PROPERTY LOCATED AT 8014 -18 TELEGRAPH ROAD, ZONED C -2 (GENERAL COMMERCIAL), the hearing was closed on May 25, 1999. Mayor McCaughan noted he was absent from the May 25, 1999 Council Meetin g but has listened to the tape and read the Minutes. He asked Mayor Pro Tem McCarthy, who was also absent from the May 25, 1999 Council Meeting, if he had listened to the tape and read the Minutes, and the response was yes. Council Minutes 6/08/99 -1- I 1 Mr. Yoshiki indicated that, under direction from the Council, staff' has developed additional conditions. to CUP No. 99 -08, such as the expansion of Condition 1 regarding hours during which entertainment is allowed and the complete closure of the restaurant on Sundays. Another condition was added regarding the time period for the CUP, which is valid for two years until June 8, 2001. Condition 11 was added restricting the outdoor patio area for smoking only, with no liquor consumption, entertainment, or sound system permitted. He advised that the Applicant was informed of the revised conditions and he responded to comments from the Council. There was no correspondence received on this matter. Council Member Lawrence asked if the applicant accepted the conditions. Lorenzo Sallas, 12203 Lewis Avenue, Whittier, noted he was informed of the changes noted by staff and accepts them. RESOLUTION NO. 6270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND APPROVING CONDITIONAL USE PERMIT NO. 99 -08, TO PERMIT ON -SALE ALCOHOL AND ENTERTAINMENT IN A RESTAURANT FOR THE PROPERTY LOCATED AT 8014 -8018 TELEGRAPH ROAD, ZONED C -2 (GENERAL COMMERCIAL) The Resolution was read by title only. It was moved by Council Member Winningham, seconded by Council Member McCarthy, and carried by the following vote to waive further reading and adopt. AYES 4 Council Members: Lawrence, McCarthy, Perkins, Winningham NOES 1 Council Members: McCaughan Prior to the vote, Council Member Lawrence said the added conditions respond to most of her concerns. Council Member McCarthy concurred with Council Member Lawrence, noting the use is appropriate for the zoning and the restrictions imposed will lend some satisfaction to the residents of the apartment complex. Mayor McCaughan felt this project was setting a bad precedent and that it would be difficult to control the outdoor patio area. He noted other restaurants could come forward and request the same type of project. Mayor McCaughan opened the public hearing on LIGHTING AND LANDSCAPING DISTRICT A.D. 121 — RESOLUTION CONFIRMING THE 1999 - 2000 DISTRICT LEVY. Ms. McDonnell affirmed receipt of the Proof of Publication and Affidavit of Posting of Notice. It was moved by Council Member Lawrence, seconded by Council Member Winningham, and so' ordered to receive and file. Council Minutes 6/08/99 -2- '111'93 Mr. Alvarez mentioned the City has approximately 5,200 streetlights and traffic signals, with g g , the majority owned and operated by Southern California Edison Company. The City pays for the operation and maintenance of these lights and signals, with funds generated from two sources; general property tax revenues and direct assessments levied under the Landscaping and Lighting Act of 1972. The City is divided into seven zones, six of which are lighting and the other landscape maintenance. The proposed assessments are basically unchanged from last year and he referred to more detailed information attached to the staff report. He responded to comments from the Council. There was no correspondence received on this matter. There being no one present to speak, it was moved by Council Member McCarthy, seconded by Council Member Lawrence, and so ordered to close the hearing. g RESOLUTION NO. 6271 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE 1999 -2000 FISCAL YEAR ASSESSMENT FOR LIGHTING AND LANDSCAPING DISTRICT A.D. 121 The Resolution was read by title only. It was moved by Council Member Winningham, seconded by Council Member McCarthy, and unanimously carried to waive further reading and adopt. CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Item VI - - SET PUBLIC HEARING FOR THE APPEAL OF CONDITIONAL USE PERMIT NO. 98 -54 AT 9770 WASHBURN ROAD (DART), was removed from the Consent Calendar at the request of Council Member McCarthy. CONSENT CALENDAR It was moved by Council Member Winningham, seconded by Council Member Lawrence, and unanimously carried to waive further reading of the Resolution and approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, MAY 25, 1999: Approve. CASH CONTRACT NO. S.S. 491— MISCELLANEOUS CONCRETE CONSTRUCTION AND REPAIR (ACCT. NOS. 25- 13947, 25 -13948 AND 26- 16491): Approve extra work and accept the improvements and maintenance responsibility for improvements constructed under Part I of Cash Contract No. S.S. 491: Approve. WARRANTS ISSUED: NO. 155706 — 156134, $1,412,975.45: Approve. AGREEMENT FOR CROSSING GUARD SERVICES: Authorize the City Manager to Y g sign the Amended Agreement extending for one (1) year the City's Crossing Guard Agreement with All City Management Services, Inc.: Approve. Council Minutes 6/08/99 -3- • 11194 COOPERATIVE AGREEMENT WITH STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) TO STUDY RECOVERING GROUNDWATER ALONG THE I -105 FREEWAY FOR BENEFICIAL USE — DISTRICT AGREEMENT NO. 07 -4470: Approve. RESOLUTION NO. 6272 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP NO. 52701 (7646 STEWART & GRAY ROAD), APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING AN IRREVOCABLE STANDBY LETTER OF CREDIT NO. 99 -161 AS SURETY ORDINANCES ADOPTION OF THE 1998 CALIFORNIA FIRE CODE Chief Irwin advised staff is recommending the introduction of an Ordinance to adopt the 1998 California Fire Code of Regulations incorporating the Uniform Fire Code, 1997 Edition, and to set a public hearing for June 22, 1999. He noted the State of California adopted the 1998 California Fire Code and in doing so prescribed the minimum fire and life safety requirements in the State. Pursuant to adoption, the State made certain amendments based on the specific needs in California and input from the California Fire Service. Similar language, recommending the adoption of the California Fire Code with specific local conditions, is being amended to match the new code numbering and format. The remaining changes to the Downey Municipal Code are rewritten for clarity, with the only significant change relating to buildings that have been abandoned for more than one year. The new code requires that these buildings meet current code standards before they can be reused. He responded to comments from the Council. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE III, CHAPTER 3, SECTIONS 3300, 3301, 3302, 3303, 3304, 3305, 3307, 3311, 3318, 3319, 3321, 3322, 3327, 3328 AND 3329 OF THE DOWNEY MUNICIPAL CODE, ADOPTING THE 1998 CALIFORNIA FIRE CODE OF REGULATIONS, INCORPORATING THE UNIFORM FIRE CODE, 1997 EDITION, PUBLISHED BY THE INTERNATIONAL FIRE CODE INSTITUTE The Ordinance was read by title only. It was moved by Council Member Winningham, seconded by Council Member McCarthy, and unanimously carried to waive further reading and introduce, and set a public hearing per the Government Code for 7 :30 p.m., June 22, 1999, in the Council Chamber of Downey City Hall. RESOLUTIONS: None Council Minutes 6/08/99 -4- i ADMINISTRATIVE REPORTS CONSIDER LOCATION FOR INSTALLATION OF BRONZE PLAQUE Ms. Yotsuya mentioned that $1,800 was appropriated b the Council in April 199 by p 1999 to build a concrete base for a bronze plaque that was donated to the City by a local resident, Linh D. Vo. The decision of where to locate the plaque was continued for further review of suggested sites. Ms. gg Yotsuya narrated a visual program depicting the plaque and suggested sites. After Council discussion, it was moved by Council Member McCarthy, econded b y Council Y Y Member Perkins, and unanimously carried to install the p plaque on a concrete platform located at q the southwest entrance to the Senior Center at Apollo Park. OTHER BUSINESS - Consent Calendar - Items removed by Council Approval SET PUBLIC HEARING FOR THE APPEAL OF CONDITIONAL USE PERMIT NO. 98 -54 AT 9770 WASHBURN ROAD (DART) - APPLICANT /REPRESENT (DART) ATIVE. MORRIE ADNOFF; APPELLANT: PATRICK KEARNS Council Member McCarthy referred to a comment by a neighbor in this area re Y g regarding the condition of the roads. He requested staff to review roadway improvements and suggested asking p gg g Downey area recycling to participate in the funding. It was moved by Council Member McCarthy, seconded by Council Member Lawrence, and unanimously carried to set the hearing for 7 :30 p.m., June 22, 1999, in the Council Chamber of Downey City Hall. ORAL COMMUNICATIONS: None OTHER BUSINESS - Council Members Council Member Winningham requested the Public Works Department draft q p aft a letter to Caltrans regarding the need for maintenance and cleanup of freeway ramps. Council Member Perkins noted the Downey Police and Fire Memorial Foundation will be having their golf tournament within the next four months and encouraged everyone to participate. g ry p p te. Mayor Pro Tem McCarthy referenced the Council action approvin g an agreement with g Caltrans to recover groundwater along the I -105 Freeway. He noted two other cities are affected i y by this and asked f they are pursuing a similar process. He was informed that the City y of Downey will take care of this problem. Council Minutes 6/08/99 -.5- 11196 Council Member Lawrence referred to an article in the Los Angeles Times about the Getty Museum providing a higher profile for smaller archives, noting it did not mention that one of the very important resources is the Downey History Center. She stated that Downey's recognition in this collection is mainly attributable to the work of Barbara Dye Callarman, who won the statewide Joe Doctor /Gladys Waddingham Award presented by the Conference of California Historical Societies for significant volunteer service in history for over 25 years, which is comparable to a Lifelong Achievement Award given at the Oscars. Council Member Lawrence asked if there was a City policy outlining the parameters for displaying gift art on City property and if not, asked staff to review this subject and to recommend guidelines. OTHER BUSINESS - Staff Members Mr. Caton acknowledged Dr. John Sims in the audience, noting he has been a dentist in the City for 60 years. He also congratulated Dr. Sims on his recent marriage. Mr. Caton mentioned that a representative from the Southern California Edison Company will be at the next Council Meeting to report on their street light maintenance program. ADJOURNMENT: 8:15 p.m. The meeting was adjourned in memory of Ben `D Corbin, former Mayor and Council Member, to 6 :30 p.m., June 22, 1999, in the Council Chamber of Downey City Hall. i , X 7. 4, Warl i i i r • 1 0 114 V Itt /' J i.i ith E. McDonnell, City Clerk Ga P. cCaughan, Ma or I Gary g H: \CCLERK\SCONTE\MINUTES\ccmn0608 Council Minutes 6/08/99 -6-