HomeMy WebLinkAboutMinutes - 07-11-00 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
JULY 11, 2000
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Chief Finch introduced newly promoted Police Sergeant
Dan Murray 1
Consideration of District 5 Council vacancy: Appoint
Barbara Riley, effective 7/12/00 Approved 3
Ord. amending zoning for portion of property at
12136 -1 2152 Downey Av. (Zone Change #99 -87) Introduced 3
Ord. approving Zone Change #00 -12 for property at
12830 Clark Av. Introduced 5
Gordon Weisenberger re concerns on use of fireworks 5
Zenaida Guerra expressed complaints about gas station To meet with
business next to her residence Mayor 5
Ralph Dulac re Ms. Guerra's comments; congratulated
Barbara Riley on appointment to Dist. 5 seat; re volunteer
group to harvest oranges in the City; and suggested
renaming Vista Del Rosa St. 5
David McCarty mentioned vehicles ticketed on his street on
street sweeping day after July 4th holiday Ref. to staff 5
Removal of Items from Consent Calendar 6
Council Minutes: Adj. & Reg. Mtgs. 6/27/00 Approved 6
Cash Contract #619 — Third St. water main replacement
project: Accept the request of low bidder, Tri Star Eng., to
withdraw bid; reject all other bids; and grant authority to
readvertise under Cash Contract #619A Approved 6
Cash Contract #S. 5.491 — annual misc. repair contract:
Accept the improvements & maintenance responsibility for
improvements Approved 6
PAGE 1 OF 4
COUNCIL MINUTES, JULY 11, 2000
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Warrants Issued: 157404 — 157821, $1,495,469.58 Approved 6
Extension of contract with Kennedy /Jenks Consultants for
water engineering services: Approve 12 -mo. extension Approved 6
Extension of Southeast Water Coalition Joint Powers
Agreement: Approve additional five -year period Approved 6
Chamber of Commerce agreement Approved 6
Amendment to Downey Municipal Code Section 9127 Set hrg. 7:30 p.m.
re Commercial Manufacturing zone 7/25/00 7
Zone Change #00 -41 — 12432 -12530 Bellflower Bl. & Set hrg. 7:30 p.m.
9501 -9641 Imperial Hwy. 7/25/00 7
Agreements reserving Federal Home Funds for the Long
Beach Affordable Housing Coalition, Inc. & Design Center
Development Corp. Approved 7
Res. #6383, granting salary increases to specified employees Adopted 7
Res. #6384, establishing the benefits payable to employees in
classifications designated as Exec. Management, Middle
Management & Confidential/Exempt Adopted 7
Downtown Streetscape Project, Downey Av. — Union Pacific
Railroad to Fifth St.: Approve professional services agreement
with Kabbara Eng.; authorize Mayor to execute; & appropriate
Gas Tax Funds in amount of $65,000 Approved 8
Report from the Downey City Hospital Commission Rec. & file 8
Appeal of Planning Commission decision not to amend the
Downey Municipal Code relating to wireless communication
facilities Cont. to 8/8/00 9
Right -of -way Acquisition #A -4666, 7360 Firestone Bl.: Approve
the Purchase & Sale Agreement & Joint Escrow Instructions;
authorize the Mayor to execute the agreement; & appropriate
Gas Tax Funds in the amount of $140,000 Approved 10
PAGE2OF4
COUNCIL MINUTES, JULY 11, 2000
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Cn. Winningham complimented the Police Dept. for receiving
the "Agency of the Year Award" 10
Cn. Winningham re cost to place an advisory measure on the
November ballot 10
Cn. McCaughan noted street sweeping schedule is never
delayed & suggested info. be conveyed to residents 10
Cn. McCaughan re fireworks 10
Cn. McCaughan mentioned a newspaper article re term limits in
the City of Long Beach & requested discussion re putting issue
on the November ballot Ref. to staff 10
Cn. McCaughan mentioned attending the Independent Cities
Association meeting 10
Cn. Perkins re addressing the issue of fireworks 10
Cn. Perkins thanked Mr. McCarty for his comments re
street sweeping & hoped something could be done so citizens
would have a clear understanding of sweeping & trash
schedules 10
Cn. Perkins congratulated Barbara Riley on her appointment
to the City Council for District 5 10
Mayor McCarthy mentioned a letter stating that the merger
between MediaOne & AT &T is officially closed 10
Mayor McCarthy re a letter to Chief Finch commending the
Police Department 11
Mayor McCarthy congratulated Ruth Hillecke, who was
nominated as Outstanding Woman of the Year for the 27th
State Senate District 11
Mayor McCarthy noted Rancho Los Amigos Hospital was
recognized among the nation's best hospitals 11
PAGE3OF4
COUNCIL MINUTES, JULY 11, 2000
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Mayor McCarthy congratulated the Public Works Dept.
for being recognized for reaching the 58 percent diversion
rate in their solid waste diversion program 11
Mr. Caton congratulated Barbara Riley on her appointment
to the Council 11
Adjourned in memory of Donn Sauter, father of Fire Chief
Mark Sauter; & Arlyss Kelley, former member of Keep
Downey Beautiful, Citizens Health & Sanitation Committee,
the Assistance League & other community organizations 11
Meeting adjourned to 6:30 p . m. , July 18, 2000 11
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PAGE 4 OF 4
013519
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
JULY 11, 2000
The City Council of the City of Downey held a regular meeting at 7:41 p.m., July 11, 2000, in
the Council Chamber of the Downey City Hall, Mayor Keith McCarthy presiding.
PRESENT: Council Members:
Keith McCarthy Mayor
Robert C. Winningham Mayor Pro Tem
Meredith H. Perkins
Gary P. McCaughan, M.D.
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
Mark Sauter, Fire Chief
Lowell Williams, Director of Finance
Ron Yoshiki, Asst. Director of Community Dev. /City Planner
Linda Haines, Building Official
Ed Velasco, Manager of Housing
June Yotsuya, Assistant to the City Manager
Shirley Conte, Executive Secretary
PRESENTATIONS
Chief Finch introduced newly promoted Police Sergeant Dan Murray, reviewing his
seventeen -year tenure with the Police Department.
Sergeant Murray introduced his wife Lesley Murray, also a Sergeant with the Downey Police
Department, and other family members present.
HEARINGS
Mayor McCarthy opened the public hearing to CONSIDER FILLING THE DISTRICT 5
COUNCIL VACANCY RESULTING FROM THE RESIGNATION OF COUNCIL MEMBER
JOYCE L. LAWRENCE. He pointed out this is not a formal public hearing. It is simply to receive
public input and discussion regarding this matter.
Mayor McCarthy asked if there was anyone wishing to speak on this matter and requested
comments be limited to five minutes.
Council Minutes 7/11/00 -1-
David Bowers, 10620 Dolan Avenue, mentioned he submitted a resume but does not feel a
prospective or potential candidate should be appointed so close to the November election. He Oig , 5211)
reviewed his qualifications, should the Council decide to fill the vacancy.
Ed Di Loreto, 7333 Rio Flora Place, stated he is glad to see more than one candidate running
for each of the open Council seats and noted his recommendation for the District 5 seat is Dianne
Lumsdaine.
Kirk Cartozian, 9191 East Florence, stated his opposition to filling the vacancy this late in a
term. He noted he has not formally declared his candidacy and did not submit a resume but intends to
run for Council District 5 in the November election.
There being no one else to speak, Mayor McCarthy closed the pubic hearing and requested
comments from the Council.
Council Member Perkins felt that the vacant seat should not be filled so close to an election
and should not be filled by someone running for that particular seat.
Council Member McCaughan was not in favor of appointing anyone who could run for the
vacant seat, but suggested a prior Council Member would have the required experience and would
pose no threat to the election process.
Council Member Winningham noted he would not wish to appoint anyone to the vacancy who
is running for the District 5 seat. He mentioned that vacation plans during the next few months will
require he miss two Council Meetings prior to the election, stating if another Council Member was
unable to be present at those meetings, it would create a lack of a quorum. He supported filling the
vacancy with a former Council Member.
Mayor McCarthy felt the District 5 seat should be left vacant, noting the first consideration of
the Council is whether or not they wish to fill the vacancy.
It was moved by Council Member Perkins and seconded by Mayor McCarthy to not fill the
vacancy. (The second was later withdrawn. Refer to final motion below.)
Mayor McCarthy noted former Council Members in the audience and inquired if any of them
had an interest in filling the temporary vacancy in District 5.
Bob Brazelton, former Council Member, 10029 Birchdale Avenue, advised he was not
available but knew a lady in the audience would be available, if the Council decided to fill the vacancy.
Diane Boggs, former Council Member, 10568 Chaney Avenue, stated she was not available,
but suggested former Council Member Barbara J. Riley, who most recently left the City Council and
did not serve two full terms, would be a realistic candidate to fill the vacant seat. She felt it would be
wrong to appoint anyone running for office, noting the lack of experience would not be helpful for the
short period of time involved.
After further discussion by the Council, Mayor McCarthy withdrew his second. The motion
then died for lack of a second.
Council Minutes 7/11/00 -2-
015521
It was moved by Council Member McCaughan, seconded by Council Member Winningham.
and unanimously carried (4 -0) to appoint Barbara J. Riley as City Council Member for District 5,
effective July 12, 2000.
Barbara Riley stated it would be a privilege to fill the vacancy in Council District 5 during the
interim period prior to the November election.
Mayor McCarthy opened the public hearing on ZONE CHANGE NO. 99 -87 FOR
PROPERTY LOCATED AT 12136 -52 DOWNEY AVENUE.
Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council
Member Winningham, seconded by Council Member McCaughan, and so ordered to receive and file.
Mr. Yoshiki explained this is a cleanup issue and narrated a visual program of the subject
property, noting the current general plan policy. He noted that Parcel 1, the area under consideration,
will be rezoned to R -3 -0, multiple- family ownership, which allows ownership -type multiple family
housing and does not allow apartment type development. Two entitlement applications have been
processed for a six -unit condominium project on the site.
There was no correspondence received regarding this matter.
Mayor McCarthy asked if there was anyone present to speak in favor of the zone change.
JeffDohrman, 711 East Imperial Highway, Brea, owner and applicant of the property, noted
he was available to answer any questions.
There being no one else to speak, it was moved by Council Member Winningham, seconded by
Council Member McCaughan, and so ordered to close the hearing.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE CITY'S COMPREHENSIVE ZONING MAP, CHANGING
THE ZONE FOR THE PORTION OF A PROPERTY AT 12136 -12152
DOWNEY AVENUE THAT FRONTS ALAMEDA STREET FROM C2
(GENERAL COMMERCIAL) TO R -3 -0 (MEDIUM DENSITY MULTIPLE -
FAMILY RESIDENTIAL OWNERSHIP) PORTION OF ASSESSOR PARCEL
NO. 6258 -005 -026 (ZONE CHANGE NO. 99 -87)
The Ordinance was read by title only. It was moved by Council Member Winningham,
seconded by Council Member McCaughan, and unanimously carried (4 -0) to waive further
reading and introduce.
Council Minutes 7/11/00 -3-
0 13522
Prior to the vote, Council Member Perkins referred to the Planning Commission Minutes
where a concern was noted regarding the 25 -foot driveway width. He was informed this was the
minimum requirement. He also inquired how the rear of the property facing private residences
would be addressed and was informed the Downey Municipal Code provides for the creation of
obscurity or the developer could chose not to have any windows at the back.
At the request of Mayor McCarthy, Mr. Yoshiki explained R -3 -0 zoning as the City's
multiple- family zoning classification, which allows attached -type housing for ownership. It is not
mandated that the units are owner - occupied but they typically are.
Mayor McCarthy opened the public hearing on ZONE CHANGE NO. 00 -12 FOR
PROPERTY LOCATED AT 12830 CLARK AVENUE.
Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council
Member Winningham, seconded by Council Member Perkins and so ordered to receive and file.
Mr. Yoshiki narrated a visual program advising this property was previously owned by
Rockwell/Boeing; was sold to the Los Angeles County Office of Education; and is now home to their
administrative offices. The County desires to offer limited daycare activities onsite to accommodate
approximately 50 children and the present industrial zoning classification does not provide for daycare
activities. The request is to rezone the property to the general commercial designation, which does
accommodate daycare use. He noted there was no testimony from surrounding residential property
owners at the Planning Commission hearing regarding this matter.
There was no correspondence received regarding this matter.
Mayor McCarthy asked if there was anyone present to speak in favor of this proposed zone
change.
Matthew Dillard, Los Angeles County Office of Education, and Edgar Paz, Architect,
McDonald, Soular and Paz, 2740 East Spring Street, Suite 200, Long Beach, in response to comments
from the Council, advised the age group covered by the project will be newborn to preschool, with
openings to be recruited from current employees; a program called Early Head Start will be utilized,
which not only provides daycare but also education; and the State requirement is one staff member for
every 17 children.
There being no one else to speak, it was moved by Council Member Winningham, seconded by
Council Member Perkins, and so ordered to close the hearing.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING ZONE CHANGE NO. 00 -12, AMENDING THE ZONING OF
THAT PORTION OF THE PROPERTY AT 12830 CLARK AVENUE THAT IS
ZONED LIGHT MANUFACTURING (M -1) TO GENERAL COMMERCIAL
(C -2), AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
DOWNEY
Council Minutes 7/11/00 -4-
013523
The Ordinance was read by title only. It was moved by Council Member Winningham,
seconded b y Council Member Perkins, and unanimously carried (4 -0) to waive further reading
and introduce.
At this time Ms. McDonnell administered the Oath of Office to newly appointed Council
Member Barbara J. Riley, who will fill the vacancy in District 5, effective July 12, 2000 through
the November 7, 2000, General Municipal Election.
ORAL COMMUNICATIONS
Gordon Weisenberger, 11463 Samoline Avenue, voiced concerns about the use of fireworks
on July 4th and encouraged banning them in the City. He referred to statistics from the National Fire
Protection Association, noting ten States have banned fireworks, and urged the City to bring back the
controlled firework display at Warren or Columbus High Schools.
Zenaida Guerra, 7975 East Second Street, expressed complaints about the gas station
business next door to her residence, which is open 24 -hours a day. She noted the gas station utilizes
a ublic alley, has resulted in numerous incidents of damage to her fence. She also feels the
p y�
fumes and vapors from the gas station are making her ill. She referred to letters sent to Mayor
McCarthy and asked the City for a solution.
Mayor McCarthy offered to meet with Ms. Guerra, referring to a letter earlier this year
from the City Attorney, which states there is no solution to this problem.
Mr. Vose stated City staff, along with his office, looked into this issue and found the gas
station was not in violation of the provisions of the Downey Municipal Code. If the issue
concerns health problems, it should be reported to the Health Department, which is a County
agency.
Ralph Dulac, 8901 Arrington Avenue, commented on Ms. Guerra's comments;
congratulated Barbara Riley on her appointment to the City Council; suggested the City form a
volunteer g roup to harvest the oranges in Downey and donate them to homeless people or
charities; and suggested renaming Vista Del Rosa Street, near its intersection with Arrington
Avenue, as "Tommy De La Rosa Street ", after the Fullerton Police Officer who was murdered in
that area.
David McCarty, 7430 Nada Street, mentioned that vehicles on his street were ticketed
because they were parked on a designated street sweeping day, but the street sweeper did not
go by that day due to the schedule being altered because of the July 4th holiday. He felt there
needs to be clarification of the City's policy and was referred to staff.
Council Member Perkins mentioned receiving a call from one of his constituents, Myrtle
Risley, who mentioned concern about the fireworks situation.
Mayor McCarthy noted he has asked the Fire Chief for a review of standard operating
procedures, stating the problems experienced are not from safe and sane fireworks but from illegal
fireworks. He noted a report will be brought back in a few weeks.
Council Minutes 7/11/00 -5-
O1 352
CONSENT CALENDAR - ITEMS FOR REMOVAL
Agenda Item VI -E -8, APPEAL OF PLANNING COMMISSION DECISION NOT TO
AMEND THE DOWNEY MUNICIPAL CODE RELATING TO WIRELESS
COMMUNICATION FACILITIES, was removed at the request of Mayor McCarthy. y
Agenda Items VI -E -2, REPORT FROM THE DOWNEY CITY HOSPITAL
COMMISSION, and VI -E -9, RIGHT -OF -WAY ACQUISITION NO. A -4666 FOR PROPERTY
LOCATED AT 7360 FIRESTONE BOULEVARD, were removed at the request of Council
Member McCaughan.
CONSENT CALENDAR
Council Member McCaughan noted he would abstain from voting on the Minutes of June 27,
2000, as he was absent from the Meeting.
It was moved by Council Member Perkins, seconded by Council Member Winningham, 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, JUNE 27, 2000:
Approve.
CASH CONTRACT NO. 619 — THIRD STREET WATER MAIN REPLACEMENT
PROJECT FROM MYRTLE STREET TO LA REINA AVENUE (ACCOUNT NO. 83-
20533): Accept the request of the low bidder, Tri Star Engineering, Inc., to withdraw their
bid, and reject all other bids received, and grant authority to readvertise the project under Cash
Contract No. 619A: Approve.
CASH CONTRACT NO. S.S. 491— ANNUAL MISCELLANEOUS REPAIR
CONTRACT (ACCOUNT NO. 26-16491): Accept the improvements and maintenance
responsibility for improvements constructed under Part II of Cash Contract No. S.S. 491:
Approve.
WARRANTS ISSUED: NO. 157404 — 157821, $1,495,469.58: Approve.
EXTENSION OF CONTRACT WITH KENNEDY /JENKS CONSULTANTS FOR
WATER ENGINEERING SERVICES: Approve a 12 -month extension to the contract with
Kennedy /Jenks Consultants to provide as- needed engineering services in the area of water
system improvements, water quality, and regulations impacting the water system: Approve.
EXTENSION OF SOUTHEAST WATER COALITION JOINT POWERS
AGREEMENT: Approve the extension of the Southeast Water Coalition Joint Powers
Agreement for an additional five -year period from July 1, 2000 to June 30, 2005: Approve.
CHAMBER OF COMMERCE AGREEMENT: Approve
Council Minutes 7/11/00 -6-
013525
AMENDMENT TO DOWNEY MUNICIPAL CODE SECTION 9127: Amend Section
9147 relating to the Commercial Manufacturing zone, adding self - storage /mini- warehouse
facilities and caretaker's dwelling, subject to conditional use permits: Set hearing for
7:30 p.m., July 25, 2000, in the Council Chamber of Downey City Hall: Approve.
ZONE CHANGE NO. 00 -41 — 12432 -12530 BELLFLOWER BOULEVARD AND 9501-
9641 IMPERIAL HIGHWAY (PROPERTY OWNERS: PETERSON FAMILY
TRUST; PALERMO FAMILY TRUST; LANZALACQUA FAMILY TRUST;
DOWNEY LAND COMPANY; JOE ADRAGNA; AND GTE CALIFORNIA): Set
hearing for 7:30 p.m., July 25, 2000, in the Council Chamber of Downey City Hall: Approve.
AGREEMENTS RESERVING FEDERAL HOME FUNDS FOR THE LONG BEACH
AFFORDABLE HOUSING COALITION, INC., AND FOR THE DESIGN CENTER
DEVELOPMENT CORPORATION: Approve Agreements with the Long Beach
Affordable Housing Coalition, Inc. and with the Design Center Development Corporation,
reserving $287,500 in federal HOME funds to each of these non - profit development
organizations: Approve.
RESOLUTION NO. 6383 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
GRANTING SALARY INCREASES TO SPECIFIED EMPLOYEES
RESOLUTION NO. 6384 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING THE BENEFITS PAYABLE TO EMPLOYEES IN
CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT,
MIDDLE MANAGEMENT AND CONFIDENTIAL/EXEMPT
— ORDINANCES: None
RESOLUTIONS: None
ADMINISTRATIVE REPORTS
DOWNTOWN STREETSCAPE PROJECT, DOWNEY AVENUE — UNION PACIFIC
RAILROAD TO FIFTH STREET
Mr. Alvarez referred to previous discussions regarding the downtown area, which included the
beautification of Downey Avenue. The Council authorized retaining of a consultant to develop a
conceptual plan, which included improvements in the public right -of -way, such as improved
landscaping, an irrigation system, additional parking, by introducing diagonal parking, improved
pedestrian lighting, and special crosswalk treatments. A request for proposal was issued to retain a
design firm to prepare plans and specifications to refine the overall conceptual plan, and staff is
recommending Kabbara Engineering.
Council Minutes 7/11/00 -7-
0 13526
Maria Larkin, 10603 Chaney Avenue, mentioned the Downey Chamber of Commerce formed
the Downtown Merchants Committee in 1997, which she chaired for two years. She thanked former
Council Member Joyce Lawrence for her hard work with this committee and also thanked the Council
and staff for their input. She expressed the concern of businesses along Downey Avenue that they will
lose business when street improvements begin and suggested the City develop an advertising plan to
prevent this from occurring.
Council Member Winningham commented that former Council Member Joyce Lawrence was
instrumental in this project and left behind a large box of information. He felt the City has a good
relationship with the Downey Chamber of Commerce on this project and that the plans proposed will
work best.
It was moved by Council Member Perkins, seconded by Council Member Winningham, and
unanimously carried (4 -0) to approve the Professional Services Agreement with Kabbara
Engineering for preparation of plans, specifications and estimate for the Downtown Streetscape
Project on Downey Avenue from the Union Pacific Railroad to Fifth Street; authorize the
Mayor to execute said Agreement; and appropriate Gas Tax Funds in the amount of $65,000.
Council Member Winningham referred to Ms. Larkin's comments, noting the subcommittee
emphasized the need to minimize closure and inconvenience to businesses in this area and will attempt
to keep one or two traffic lanes open at all times.
OTHER BUSINESS - Consent Calendar - Items removed by Council Approval
REPORT FROM THE DOWNEY CITY HOSPITAL COMMISSION
Council Member McCaughan noted the Hospital Commission has been working diligently and
felt the report compiled is a well - written document; it describes the relationship between the two
organizations; and is a good product for the Council to review and go forward with.
It was moved by Council Member McCaughan, seconded by Council Member Winningham,
and unanimously carried (4 -0) to receive and file.
Prior to the vote, Diane Boggs, 10568 Chaney Avenue, stated the Downey City Hospital
Commission worked very hard. She acknowledged Commission Members Harold Tseklenis and Russ
Persion in the audience and referred to the opening letter of the report, which expresses the concern of
the entire Commission about the status of the Hospital and their hope for a solution. She thanked Mr.
Powell and the Hospital Commission Secretary for their assistance.
APPEAL OF PLANNING COMMISSION DECISION NOT TO AMEND THE
DOWNEY MUNICIPAL CODE RELATING TO WIRELESS COMMUNICATION
FACILITIES BY INCLUDING THE CP (PROFESSIONAL OFFICE) ZONE (MCS
CASE NO. 00 -62) (Appellant: Mr. Dino Putrino, Property Representative, 8060
Florence Avenue)
Mayor McCarthy referred to correspondence received yesterday from Mr. Putrino requesting
this matter be postponed. He asked for direction on whether the matter should be continued or
discussed tonight.
Council Minutes 7/11/00 -8-
01352?
Mr. Yoshiki pointed out this is not a public hearing, but is consideration of Section 9170 of the
Downey Municipal Code, which explains the process whereby text changes can be made to the Code,
with amendments initiated by either the City Council or the Planning Commission. In this instance,
staff received an inquiry relating to the establishment of cellular antennas within property in the
Professional Office (CP) zone. The City's Ordinance specifically identifies zones where cellular
antennas may be located in an effort to deter the proliferation of these devices. Staff feels there are
more than an adequate number of zones for the location of cellular antennas and encourages the
sharing of facilities to minimize the visual effect on the City. He mentioned that notification was given
to O'Neal Communications Group, Inc. regarding the Planning Commission meeting and there was no
representative of the O'Neal Group present at the meeting. The Planning Commission determined
there was no need for a code amendment and information was forwarded to the O'Neal Group, who
then filed an appeal to bring the issue before the City Council. Staff has had numerous conversations
with Mr. Putrino and information was mailed to him last Friday.
Mr. Vose reiterated it is important to note this is not a public hearing and the Council is not
here to consider the merits of the proposal to amend the Code. The issue at hand is whether or not the
Council desires to initiate the process to amend the Code, which would require a notice of public
hearing.
Council Member Perkins inquired if Mr. Putrino paid a fee and was informed a fee was paid.
He felt this matter should be continued to August 8.
Council Member Winningham was in favor of amending the Downey Municipal Code,
explaining he is presently unable to utilize his new phone system because there is no reception. He
mentioned being informed by the cellular company that Downey does not have enough cell sites. He
urged moving forward with research of this issue and asked if present cell sites could be documented.
Council Member McCaughan was in favor of postponing this matter.
Mr. Caton noted the map in the staff report designates many areas in the City for this
technology and suggested the Council request the applicant explain why he feels the Downey
Municipal Code should be amended.
It was moved by Council Member Perkins, seconded by Council Member Winningham, and
unanimously carried (4 -0) to continue this matter to the Council Meeting of August 8, 2000.
RIGHT -OF -WAY ACQUISITION NO. A -4666, SOUTHWEST CORNER OF OLD
RIVER SCHOOL ROAD AT FIRESTONE BOULEVARD (7360 FIRESTONE
BOULEVARD)
Mr. Vose explained the agreement attached to the staff report was amended into a more
standard format, which includes escrow instructions. He requested the Council to consider the
Purchase and Sale Agreement and Joint Escrow Instructions as the agreement to approve the right -of-
way acquisition, noting it contains the same terms but is in a better format.
Council Minutes 7/11/00 -9-
O152S
It was moved by Council Member Winningham, seconded by Council Member McCaughan,
and unanimously carried (4 - to approve the Purchase and Sale Agreement and Joint Escrow
Instructions; authorize the Mayor to execute the Agreement; and appropriate Gas Tax Funds
in the amount of $140,000 for the costs of right -of -way acquisition and construction of the
proposed widening improvements on the south side of Firestone Boulevard fronting the
property under development at 7360 Firestone Boulevard.
OTHER BUSINESS - Council Members
Council Member Winningham complimented the Police Department for receiving the "Agency
of the Year Award." He advised that eleven officers were acknowledged by the Drug Enforcement
Agency and Federal Bureau of Investigation.
Council Member Winningham requested an estimate of what it would cost to place an
advisory measure on the November ballot asking voters if they want to continue fireworks in the
City. He was advised that three Council seats and one ballot measure would be around $40,000, with
August 1 l th as the deadline to submit a measure.
Council Member McCaughan noted the street sweeping schedule is never delayed or held
back a day due to a holiday and suggested the City convey this information to residents.
Council Member McCaughan mentioned the possibility of bringing back the public fireworks
display and referred to the report coming back in a few weeks. He felt there were two options: Ban
all fireworks or better enforcement of illegal fireworks.
Council Member McCaughan mentioned a newspaper article today stating the City of Long
Beach is reconsidering term limits. He felt the City is bridled by an unfair lifetime term ban and
requested discussion regarding putting this on the ballot. He requested this be agendized.
Council Member McCaughan mentioned attending the Independent Cities Association and
felt the City of Downey should count its blessing for the quality of representatives it has in comparison —
to other cities.
Council Member Perkins noted the Fire and Police Departments reported there were no
household fires during the July 4th celebration, stating fireworks is a touchy situation and needs to be
addressed.
Council Member Perkins thanked Mr. McCarty for his comments regarding street sweeping
and hoped something could be worked out so that citizens have a clear understanding of sweeping and
trash schedules.
Council Member Perkins noted the Council does not always agree on issues but always wants
what is best for the City and congratulated Barbara Riley for having the opportunity of serving the
City again on the City Council.
Mayor McCarthy mentioned receiving a letter stating the merger between MediaOne and
AT &T is officially closed.
Council Minutes 7/11/00 -10-
Mayor McCarthy mentioned a letter to Chief Finch commending the Police Department's
assistance from someone who was attempting to reach the New York Police Department in an effort
to contact their 93-year-old mother. 013529
Mayor McCarthy offered his congratulations to Ruth Hillecke, who was nominated as
Outstanding Woman of the Year in the 27th State Senate District by State Senator Betty Karnette.
Mayor McCarthy noted Rancho Los Amigos Hospital has again been recognized among the
nation's best hospitals.
Mayor McCarthy congratulated the Public Works Department, for being recognized for
their solid waste diversion program by reaching a 58 percent diversion rate. He also extended
congratulations to the City's residents and businesses who helped make this happen.
OTHER BUSINESS - Staff Members
Mr. Caton congratulated Barbara Riley on her appointment to the Council.
The meeting recessed at 9:35 p. m. and reconvened at 11:15 p.m. with all Council Members
present.
ADJOURNMENT: 11:15 p.m.
The meeting was adjourned in memory of Donn Sauter, father of Fire Chief Mark
Sauter; and Arlyss Kelley, former member of Keep Downey Beautiful, Citizens Health and
Sanitation Committee, the Assistance League and other community organizations, to 6:30 p.m.,
July 18, 2000, in the Council Chamber of Downey City Hall.
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I u ith E. McDonnell, Cit y Clerk \'' Keith McCarthy, Mayor . )
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