HomeMy WebLinkAboutMinutes - 02-11-97 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 11, 1997
TABLE OF MINUTE
ACTIONS
SUBJECT A CTION ON PAGE NO.
Certificates of Appointments 1
--- Ord., Amending DMC pertaining to the establishment of Adult Contd. 1st reading
Uses within the City (Hearing closed) to 2/25/97 3
Ord., Approving Z.C. #96 -98 - Properties at 9715 & 9655
Firestone Bl. from Light Mfg. (M -1), the Parking Buffer (P-B) &
the Neighborhood Commercial (C -1) zones to the General
Commercial (C -2) zone Introduced 4
Norman Homey re neighborhood problems on Angell St. 4
Bill Ralph requested Council reconsider claim resulting from
employment separation agreement and difficulties with PERS
5
Gary Morris reported on success of toilet give-away program Yp g 5
Res. #6028, Approv. a Shared -Use Parkin g Agreement reement between a
Dance Club at 8206 Firestone Bl. & ro ert at 8218 Firestone B1. Adopted p p y p 6
Council Minutes: Adjourned & Regular Meetings, 2/11/97 Approved 7
Warrants Issued: #129002 - 129414 Approved 7
Comprehensive Annual Financial Rpt. - FY ended 6/30/96 Rec. & File 7
Janitorial Maint. Contract(s)- with Bell Building Maint. Co.
& United Building Maint. Co., to provide services for
City facilities Approved 7
Crime Prevention/Emergency Preparedness Handbook:
Authorize printing expenditure for distribution to citizens
& members of Chamber of Commerce Approved 7
Firefighter Breathing Apparatus: Approve P.O. to take
advantage of group purchase ro ram w/Cnty. of Ventura p g y a Approved 7
Approval of the Tactical Operation & Mobilization Procedures
of the L.A. Canty. Law Enforcement Mutual Aid Organization,
Civil Defense Area "E" Law Enforcement Coalition Approved pp 8
PAGE 1 OF 2
COUNCIL MINUTES, FEBRUARY 11, 1997
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Res. #6025, Approv. the appointment of Charles McCurdy to
the Traffic Comm., Dist. 3 Adopted 8
Res. #6026, Approv. the reappointment of Patricia Brode to
Citizens' Health & Environmental Sanitation Comm., Dist. 1 Adopted 8
Res. 46027, Approv. the appointment of Nikki Utermohlen to
Civic Center Corp. Bd. of Dir., Dist. 1 Adopted 8
Ord. #1037, Adding Sec. 3186(V) of the DMC, designating
a prima -facie speed limit of 30 mph on Patton Rd. between
Firestone Bl. & Stewart & Gray Rd. Adopted 8
Cn. McCaughan re LACDA project & Federal under - funding 9
Cn. McCaughan re effort to privatize Rancho Los Amigos
Hospital - suggested writing to County Supervisor re
potential loss of facility 9
Cn. Riley re length of trains passing through thz City & request
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letter be sent requesting trains be shortened 9
Cn. Riley re time limit for questions to the hospital 9
Cn. Riley re complaints about Cable TV reception & rates 9
Cn. Riley re traffic problems at Florence Av. & Paramount Bl. Referred to Staff 9
Cn. McCarthy re resolution passed at Gateway Cities Council
of Governments Mtg. re flood control ro°ect funding 9
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Mayor Lawrence requested agenda report re effects to local
governments of Proposition 208, Campaign Finance Reform Referred to Staff 9
Mr. Caton re staff's efforts, with assistance from Congressman
Steven Horn & his staff, to keep Boeing Co. in the City 10
Adjourned in memory of Mary Ann Davis 10
Meeting adjourned to 6:30 p.m., February 25, 1997 10
PAGE 2 OF 2
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 11, 1997
The City Council of the City of Downey held a regular meeting at 7:48 p.m., February 11,
1997, in the Council Chamber of the Downey City Hall, Mayor Joyce L. Lawrence presiding.
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PRESENT: Council Members:
Joyce L. Lawrence Mayor
Barbara J. Riley Mayor ProTem
Gary P. McCaughan, M.D.
Robert S. Brazelton
Keith McCarthy
ALSO PRESENT: Gerald M. Caton, City Manager
Tim McOsker, City Attorney
Judith McDonnell, City Clerk- Treasurer
Lee Powell, Assistant City Manager
Greg Caldwell, Police Chief
Ron Irwin, Fire Chief
Art Rangel, Director of Economic & Community Development
Richard Redmayne, Director of Public Works
Shirley Bennett, Deputy Director of Public Works
Bob Brace, City Engineer
Robert Gallagher, Building Official
Bonnie Kehoe, Community Services
Christine Roberto, Purchasing Manager
Ron Yoshiki, Asst. Director of Community Dev. /City Planner
June Yotsuya, Assistant to the City Manager
Shirley Conte, Executive Secretary
PRESENTATIONS
Council Member McCarthy presented Certificates of Appointments to David Gafin,
Planning Commission; Roger Lawrence, L. A. County - Downey Regional Public Recreation
Area Commission (Golf Course Authority); Jose Trujillo, Recreation & Community Services
Commission; y
mission; and to Martin Susnir, Water Advisory Board and the Water Facilities
Corporation.
Council Member McCaughan presented a Certificate of Appointment to Arlyss Kelley,
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Citizens ' ,
Health and Environmental Sanitation Committee.
Council Minutes 2/11/97 -1-
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HEARINGS
Mayor Lawrence opened the public hearing on PROPOSED DOWNEY MUNICIPAL
CODE AMENDMENT NO. 96 -95, AMENDMENT TO SPECIFIC PLAN NOS. 85 -01 85 -01A
AND 89 -01 - (RANCHO BUSINESS CENTER), AND SPECIFIC PLAN NO. 88 -01 -
(STONEWOOD), ALL RELATING TO ESTABLISHMENT OF ADULT USES WITHIN THE
CITY OF DOWNEY.
Ms. McDonnell affirmed receipt of the Proof of Publication. It w as moved b y Council
Member Brazelton, seconded by Council Member McCarthy, and so ordered to receive and file.
Mr. Yoshiki explained the City is amending its existing adult business ordinance adopted in
response to a Supreme Court decision that indicated cities could no longer regulate businesses
differently because of the content of their expressive activities and ermitted cities to impose distance
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or separation requirements for these types of land uses. A later court decision indicated sufficient sites
must be provided within cities for the establishment of these uses. He advised the Council adopted a
moratorium in April 1995, which is due to expire in April 1997, during which time staff gathered
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nformation and conducted study sessions with the Planning Commission. He narrated a slide/map
identifying areas throughout the City that would satisfy the requirement of sufficient sites for these
uses and pointed out various provisions, restrictions and limitations of the ordinance staff has rep ared
and recommends be adopted.
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Council Member Brazelton asked if the specified distances from houses, churches, and schools
are legally sanctioned and was advised these were the standards set into lace by the original
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ordinance, which are also used by other cities. Mr. McOsker advised there is not a standard for the
radial distances- -what is important is what results from these distances.
Council Member McCarthy mentioned the impact on District 1 and noted his concern for the
south end of the City. He asked if the radius could be reduced to 900 feet to allow more p ermitted
areas than those mentioned. He commended saff and the Planning Commission on the ordinance
produced.
Council Member Riley advised she would work hard to have a strong profile of police officers
in gp p
n these areas, if these uses are established.
Council Member McCaughan noted he was not in favor of reducing the radii and noted the real
concern in this is a willing landlord.
There was no correspondence received regarding this matter.
Mayor Lawrence asked if there was anyone present who wished to speak in favor of Proposed
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Downey Municipal Code Amendment No. 96 -95 Related to the Establishment of Adult Uses Within
the City of Downey.
Council Minutes 2/11/97 -2-
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Richard Pridham, 10402 Bellman, questioned to what extent the limitations established b fished would
hold up legally and suggested if the ordinance was framed so as to hold up legally h
p g y t e first time
around, it may appear to be lenient but would save the City a lot of g rief down the road.
There being no one else to speak, it was moved by Council Member McCaughan, seconded ed by
Council Member Brazelton, and so ordered to close the hearing.
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ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, AMENDING SECTIONS 9104, 9124, 9126, 9128 AND 9147
OF
THE DOWNEY MUNICIPAL CODE (CHAPTER 1, ARTICLE PC )• AND
AMENDING SPECIFIC PLAN NOS. 85 -01, 85 -01A, AND 89 -01 (RANCHO
BUSINESS CENTER SPECIFIC PLANS) AND SPECIFIC PLAN NO. 88 -01
(STONEWOOD SPECIFIC PLAN), AS SAID MUNICIPAL CODE SECTIONS
AND SPECIFIC PLANS PERTAIN TO THE ESTABLISHMENT OF ADULT
USES WITHIN THE CITY OF DOWNEY
Mr. McOsker advised his office would like an opportunity to review one rovision of this code
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and do some additional rewriting before the Council continues with the first reading of the
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He wanted to make sure the City has a fully enforceable, bullet-proof ordinance, on the issue f
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discretion the Planning Commission will have if and when an application is received. He requested
equested
that the first reading of the ordinance be continued to the next Council meeting to provide '
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for additional analysis and give Council the option of considering the ordinance as i
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alternative with some additional language, which should rovide some insulation p o on a challenge should
there be one in the future.
The Ordinance was read by title only. It was moved by Council Member Brazelton,
y seconded
by Council Member McCarthy, to continue first reading of the ordinance t
g to February 25, 1997.
Mayor Lawrence opened the public hearing on ZONE CHANGE NO. 96 - 98 A REQUEST
Q ST
TO CHANGE THE ZONING OF THE PROPERTIES AT 9715 AND 9655 FIRESTONE
BOULEVARD FROM THE LIGHT MANUFACTURING THE PARKING B
(M.-1), BUFFER
(P -B) AND THE NEIGHBORHOOD COMMERCIAL ZONES TO THE GENERAL
(0.1) ER.AL
COMMERCIAL (C-.2) ZONE (APPLICANTS: GTE CALIFORNIA INC. MR. LAMBERTO
COLON AND Mr. KEN BURNS).
Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council
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Member Riley, seconded by Council Member Brazelton, and so ordered to receive and file.
Mr. R,ngel narrated slides of the properties involved and noted the application was initiated pp as initiated by
GTE California, Inc., to rezone the property from the M -1 to the C -2 zone. GTE '
has entered into an
agreement to sell the property to Mr. Colon for use as a used car lot. Staff extended the application pp cation to
include the adjacent Dodge dealership property. Ile noted this is consistent '
scent with the City's General
Plan, which designated the property for General Commercial use.
Council Minutes 2/11/97 - -
There was no correspondence received regarding this matter.
Mayor Lawrence asked the applicants or their representatives to come forward and p resent
their case.
Jesse Huizar, 16110 South Menlo Avenue, Gardena, representing the applicant, offered to
answer any questions. He noted the reason for the zoning change is to allow the establishment of a
used car dealership now and a new car dealership in the fixture.
Mike Burns, 9655 Firestone Boulevard, representing Downey Dodge, e, asked how this would y--
affect Downey Dodge and about the parking buffer.
Mr. Rangel explained the parking buffer is a zoning category to protect, in most cases,
residential property from commercial activity so that there would not be a buildin g built in that area,
but that the land would basically be used for parking. He advised that art of Downey Dodge is zoned
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as manufacturing and it would be more consistent if it was zoned general commercial. He noted the
present parking will remain the same.
Richard Pridham, 10402 Beliman Avenue, asked if consideration has been given to the access
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to this property and suggested making the roadway more user friendly to benefit both this applicant
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and the adjacent dealership.
There being no one else to speak in favor or in opposition to the proposed zone change, it was
moved by Council Member McCarthy, seconded by Council Member Brazelton, and so ordered to
close the hearing.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING ZONE CHANGE NO. 96-98, A CHANGE OF ZONE FOR THE
PROPERTIES AT 9715 AND 9655 FIRESTONE BOULEVARD FROM THE
LIGHT MANUFACTURING (M..1), THE PARKING BUFFER (P-B) AND THE
NEIGHBORHOOD COMMERCIAL (C -1) ZONES TO THE GENERAL
COMMERCIAL (C -2) ZONE, AND TO AMEND THE OFFICIAL ZONING
MAP OF THE CITY OF DOWNEY
The Ordinance was read by title only. It was moved by Council Member Riley, seconded b
Y by
Council Member Brazelton, and unanimously carried to waive further readin g and introduce.
ORAL COMMUNICATIONS
Norman Homey, 9102 Angell Street, mentioned a neighborhood problem on Angell Street,
,
where residents of the Lakewood Terrace Apartments are using a gate to access the street, are parking
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their cars on Angell, both day and night, are dumping trash in the street and shrubbery, instances of
possible drug deals, and excessive speeding. He noted delivery trucks and trash trucks must back
down the cul -de -sac due to a lack of turn around space, which creates a hazardous condition. He
Council Minutes 2/11/97 -4-
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mentioned calls have been made from residents in the area and his attendance at the February Traffic
Committee Meeting to request this be an Agenda item at the March meeting. Mr. Homey ey advised a
neighborhood meeting was held and he read a petition that was adopted by residents along with h
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proposed solutions, which he submitted to the City Clerk. He suggested this may be something for
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City s Neighborhood Preservation Coordinator to pull together.
Bill Ralph, 5050 Maeanne, No. 213, Reno, Nevada, former City employee who retired y ed in 1991,
commented on an agreement he entered into with the City upon his retirement, which re
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difficulties with the Public Employees Retirement System (PERS). He m entione ' Y mentioned r eceiving
substantially less money than he was led to believe he would receive. In an effort to recoup part of his
losses, he filed a claim with the City of Downey, which was rejected on the basis of the '
rejected terms of his
employment separation agreement. He noted signing this form means forever releasing the City from
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any and all claims, but asked the Council to reconsider his claim on the merits of the claim rather than
the separation agreement.
Gary Morris, 13202 Rutgers Avenue, gave a brief report on the toilet ive - away program
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(Drought 2000) and commended Coach Bryan and his kids on a fantastic job in terms of organization.
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date, 973 toilets have been given away and the baseball team should receive between $12,000 -
$14,000. The program is tremendously successful and he thanked the Council for allowing them em to
make the effort.
HEARINGS (CONTD.)
Mayor Lawrence opened the public hearing on the PROPOSED SHARED PARKING
AGREEMENT BETWEEN A DANCE CLUB AT 8206 FIRESTONE BOULEVARD AND
THE PROPERTY AT 8218 FIRESTONE BOULEVARD IN THE C -3 (CENTRAL BUSINES ., BUSINESS
DISTRICT) ZONE.
Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council
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Member Riley, seconded by Council Member McCarthy, and so ordered to receive and file.
Mr.. Yoshiki advised this is a request for a dance studio that did not of meet all of the
requirements for parking - -the applicant is deficient by 10• parking spaces. He narrated slides depicting
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the location of the facility and advised the property owner is interested in entering into this required
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agreement which will allow the applicant to use the parking areas of the other businesses after 8:00
p.m., Wednesday through Sunday, and agrees when the tenant occupied units become vacant he will
replace them with tenants who agree to these provisions. He noted a correction to the agreement i
g to
Article 3, Page 4, where it states 25 space deficiency- -this should be changed to 10.
Council Member Brazelton asked if there was a provision to change the shared parking
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agreement if the other businesses started to work later hours. He was advised this would be g rounds
for non - compliance and revocation proceedings would take p lace.
Council Member McCarthy noted the new parking structure was located within a block and
inquired if this was a consideration for this business and other businesses in the area. He
was informed
this could be an alternate solution if the shared -use parkin g agreement reement does not work out.
Council Minutes 2/11/97 -5-
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Council Member Riley asked if this was a teenage dance studio and was advised it was for the
younger crowd.
Council Member McCaughan asked if there was a permit for alcohol to be served at this
location and the response was yes.
There was no correspondence received regarding this matter.
Mayor Lawrence asked if there was anyone present who wished to speak regarding the
Proposed Shared -Use Parking Agreement
Mr. George Tomasian, 8206 Firestone Boulevard, offered his assistance to answer any
questions from the Council.
Council Member McCarthy asked what type of business was located at 8218 Firestone
Boulevard and was informed by Mr. Tomasian that most of the properties between 8206 to 8218 are
vacant and one business, which closes at 6:00 p.m.
Council Member McCarthy suggested the sale of alcoholic beverages be closely monitored and
asked if there was an age limit set for p attendance. Mr. Tomasian noted they will attempt makin g
Fridays, Saturdays and Sundays limited to individuals 21 and over as the business g rows.
There being no one else wishing to speak in favor or in opposition to the Proposed Shared -Use
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Parking Agreement, t was moved by Council Member McCarthy, seconded by Council Member
Brazelton, and so ordered to close the hearing.
RESOLUTION NO. 6028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING A SHARED -USE PARKING AGREEMENT BETWEEN A
DANCE CLUB AT 8206 FIRESTONE BOULEVARD AND THE PROPERTY
AT 8218 FIRESTONE BOULEVARD IN THE CENTRAL BUSINESS
DISTRICT •
The Resolution was read by title only. It was moved by Council Member McCarthy, econded
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by Council Member Brazelton, and unanimously carried to waive further reading and adopt.
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CONSENT CALENDAR - ITEMS FOR REMOVAL: None
CONSENT CALENDAR
It was moved by Council Member Brazelton, seconded by Council Member McCarthy, and
unanimously carried to waive further reading of the Resolutions and approve the Consent
Calendar as recommended:
Council Minutes 2/11/97 -6-
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COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, JANUARY 28,
1997: Approve
WARRANTS ISSUED: NO. 129002 - 129414, $1,632,110.89: Approve.
COMPREHENSIVE ANNUAL FINANCIAL REPORT - FISCAL YEAR ENDED
JUNE 30, 1996: Receive and File.
JANITORIAL MAINTENANCE CONTRACT(S): Approve contracts with Bell Building
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Maintenance Company to service the Civic Center and Public Works Physical Services -- y and
Water Yards and United Building Maintenance Company to service Public Park Facilities:
Approve.
CRIME PREVENTION /EMERGENCY PREPAREDNESS HANDBOOK: '
NDBOOK: Authorize the
expenditure of $2,000 for the printing of a Crime Prevention/Emergency Preparedness
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Handbook for distribution to citizens and members of the Chamber of Commerce: Approve.
FIREFIGHTER BREATHING APPARATUS: Approve the issuance of a purchase order
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for $67,500 for firefighter breathing apparatus in order to take advantage of a group purchase
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program with the County of Ventura: Approve.
APPROVAL OF THE TACTICAL OPERATION AND MOBILIZATION
PROCEDURES OF THE LOS ANGELES COUNTY LAW ENFORCEMENT
MUTUAL AID ORGANIZATION, CIVIL DEFENSE AREA "E" LAW
ENFORCEMENT COALITION: Approve the "E" cities procedures developed by and between the
eleven area • p Y
ties to be implemented in the event of local peril, local emergency, local
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disaster or civil disturbance: Approve.
RESOLUTION NO. 6025 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
'APPROVING THE APPOINTMENT OF CHARLES MC CURDY TO THE
TRAFFIC COMMITTEE FOR COUNCILMANIC DISTRICT THREE
RESOLUTION NO. 6026 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE REAPPOINTMENT OF PATRICIA BRODE TO THE
CITIZENS' HEALTH & ENVIRONMENTAL SANITATION COMMITTEE
COUNCILMANIC DISTRICT ONE
Council Minutes 2/11/97 _7_
RESOLUTION NO. 6027 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF NIKKI UTERMOHLEN TO THE
CIVIC CENTER CORPORATION BOARD OF DIRECTORS,
COUNCILMANIC DISTRICT ONE
ORDINANCES
ORDINANCE NO. 1037
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADDING SECTION 3186(V) OF THE DOWNEY MUNICIPAL CODE,
DESIGNATING A PRIMA -FACIE SPEED LIMIT OF 30 MILES PER HOUR
ON PATTON ROAD BETWEEN FIRESTONE BOULEVARD AND STEWART
& GRAY ROAD
The Ordinance was read by title only. It was moved by Council Member Brazelton, seconded
by Mayor Lawrence, and unanimously carried to waive further reading nd adopt.
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Council Member McCarthy requested that the Police Department take extra caution around
Alameda and South Middle Schools and Mr. Redmayne noted a work order was signed today to have
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these areas r -signed.
RESOLUTIONS: None
ADMINISTRATIVE REPORTS: None
OTHER BUSINESS - Consent Calendar - Items removed b Council A I I royal: None
OTHER BUSINESS - Council Members .--
Council Member McCaughan mentioned the LACDA (flood control) project and the Federal
under - funding that the President proposed. He suggested seeking Congressional assistance to get the
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project fiilly funded.
Mr. Caton noted he was called to L. A. County Supervisor Don Knabe's office for an
emergency meeting on this subject today and advised an effort is being coordinated between the
County and the LACDA Alliance Cities as there is a lot of concern that momentum will be lost on this
project if the $11.7 million is all that is budgeted.
Council Member McCaughan referenced the effort to privatize Rancho Los Amigos
Hospital and noted this could be advantageous or totally disadvantageous. He suggested writing g gg g to
the County Supervisor regarding the potential loss of this facility.
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Council Minutes 2/11/97 -8-
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Council Member Riley mentioned seeing a paramedic unit wait 4-1/2 minutes at a railroad
crossing for a passing train. She suggested a letter be sent requesting the length of the trains passing
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through the City be shortened.
Council Member Riley asked the City Manager if a time limit has been placed on the
questions to the hospital and was advised a date has not been established but a meeting is scheduled
with the Hospital Administrator on Thursday.
Council Member Riley noted receiving several complaints about Cable TV reception and
increased rates. She questioned why Downey residents have higher rates than surroundin g cities.
Council Member Riley mentioned receiving several complaints about traffic problems at
Florence Avenue and Paramount Boulevard where the new drive - through dru g store is under
construction. She asked staff to review this matter.
Council Member McCarthy commented on his attendance at the Gateway Cities Council of
Governments meeting and noted a resolution was passed at the meeting on the issue of the flood
control project requesting President Clinton to increase funding to $50 million.
Mayor Lawrence requested a future agenda report on the effects to local governments of
Proposition 208, Campaign Finance Reform. She asked for information on what other cities are
doing and the options available to Downey to enable the Council to make a decision on the course of
action to take.
OTHER BUSINESS - Staff Members
Mr. Caton stated staff is spending a great deal of time working with the Boeing Company to
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keep them in the City and commended Congressman Steven Horn and his staff for their assistance in
this effort.
. -- ADJORNMENT: 9:10 p.m.
The meeting was adjourned in memory of Mary Ann Davis, wife of former City Manager
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and Fire Chief Don Davis, to 6:30 p.m., February 25, 1997, in the Council Chamber of Downe y Cit y
Hall.
,iccattL /ry
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Judith E. McDonnell, City Clerk `�
Y Joy L awrence, Mayor
h:lcclerk\scontc`ccmn0211
Council Minutes 2/11/97 _9_