HomeMy WebLinkAboutMinutes - 02-25-97 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 25, 1997
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Certificates of Appreciation & Certificates of Appointments 1
Proclamation re Knute Rockne Council #3697, Knights of
Columbus Day 1
Presentation of appreciation to the Mayor & Council from
the Downey Aquatics Club 2
Removal of Items from Consent Calendar 2
Council Minutes: Adjourned & Regular Meetings, 2/11/97 Approved 2
Cash Contract #S. S. 465 - Annual Misc. Repair Contract:
Approve extra work & accept the improvements & maint.
responsibility Approved 2
Warrants Issued: #129415 - 129811 Approved 2
Agreement for Consultant Services with Siscorp Approved 2
Res. #6029, Amending & restating the City's Deferred
Compensation Plan Adopted 2
Res. #6030, Approving an amended & restated subdivision
agreement with the subdivider for Parcel Map #24007 -
9602 -9634 Washburn Rd. Adopted 3
Res. #6031, Approving the final subdivision map of Tract
Map #52146 - 7829 Stewart & Gray Rd. Adopted 3
Res. #6032, Approving the reappointment of Gloria Heer,
Recreation & Community Services Commission Adopted pted 3
Res. #6033, Approving the reappointment of Andrea
Wakefield, Parking Place Commission Adopted 3
Res. #6034, Approving the reappointment of William
Hunt, Water Advisory Board Adopted 3
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COUNCIL MINUTES, FEBRUARY 25, 1997
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Res. #6035, Adopting the Memorandum of Understanding
between the City and Downey City's Empl. Assoc. - Maint. Unit Adopted 3
Investment Policy - 1997 Adopted 4
Citywide .Aerial Photography - Approve Consultant Agreement Approved 4
Ord. Amending the DMC & Specific Plans pertaining to the
establishment of Adult Uses within the City Introduced 6
Ord. #1038, Approving Z.C. #96 -98, for properties at 9715
& 9655 Firestone Bl. Adopted 6
Cn. McCaughan requested Police Dept. monitor no parking
zone on 7th St. between Western & La Reina Aves. 6
Cn. McCaughan requested meeting with City Attorney re
definition of a front yard & its potential uses 6
Cn. McCaughan requested staff survey S.E. L.A. Cnty. cities
for their requirements on term limits 6
Cn. McCaughan re visit to Community /Senior Center and
Gymnasium site and complimented City's building inspectors 7
Cn. McCarthy re neighborhood meeting held at Golden Park by
Neighborhood Preservation Officer Christina Garcia 7
Cn. Brazelton re status of resurfacing of Florence Ave. 7
Mayor Lawrence commended the Community Services Dept.
for their input at Golden Park mtg. held by Ms. Garcia 7
Cn. McCaughan requested that information obtained at
Neighborhood Preservation Officer meetings be forwarded to
the Council 7
Mr. Caton commended the Building Dept. for doing a fine job 7
Bob Winningham invited the Council & City Staff to join in the
Little League's 40th Anniversary Celebration Saturday, y� 7
PAGE 2 OF 3
COUNCIL MINUTES, FEBRUARY 25, 1997
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Frank Perez advised he was contacted by an investigator working
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for Downey Community Hospital
7
Dr. J. Elder Bryan submitted a letter to the Mayor, Council &
City Manager containing questions regarding the hospital issue 7
Meeting adjourned to 6:30 p.m., March 11, 1997
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PAGE 3 OF 3
'
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 25, 1997
The City Council of the City of Downey held a regular meeting at 7:34 p.m., February 25,
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1997, n 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 Pro Tem
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
James Jarrett, Director of Community Services
Art Rangel, Director of Economic & Community Development
Richard Redmayne, Director of Public Works
Lowell Williams, Director of Finance
Chris Birch, Personnel Director
Bob Brace, City Engineer
Robert Gallagher, Building Official
Ron Yoshiki, Asst. Director of Community Dev. /City Planner
Shirley Conte, Executive Secretary
PRESENTATIONS
Council Member McCaughan presented Certificates of Appreciation to Joel Lubin,
Personnel Advisory Board and to Karen Trejo, Library Advisory Board. He presented a
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Certificate of Appointment to Charles McCurdy, Traffic Committee.
Council Member McCarthy presented Certificates of Appointment to Nikki Utermohlen,
Civic Center Corporation, and Patti Brode, Citizens' health & Environmental Sanitation
Committee.
Mayor Lawrence presented a Proclamation to Jose Rodriguez and Richard Cooley declaring
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March 6, 1997 as Knute Rockne Council #3697, Knights of Columbus Day.
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Representing the Downey Aquatics Club, Mr. Alex Halper presented a certificate and
T- shirts to Mayor Lawrence and the Council in appreciation of their support. He invited the Council
to attend the Aquatic Club's largest ever swim meet, March 7 -9, and noted Mayor Lawrence will
officially open the event at 9:00 a.m. on Saturday.
Council Member Riley acknowledged Council '
y ged Mrs. Miller, Student Council Director at Rio Hondo
School.
HEARINGS: None
CONSENT CALENDAR - ITEMS FOR REMOVAL
Agenda Items VI - - INVESTMENT POLICY - 1997, and VI - - CITYWIDE AERIAL
PHOTOGRAPHY - APPROVE CONSULTANT AGREEMENT, were removed at the request of
Council Member McCaughan.
CONSENT CALENDAR
It was moved by Council Member McCarthy, seconded by Council Member Brazelton, and
unanimously carried to waive further reading of the Resolutions and approve the remainder of
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the Consent Calendar as recommended:
COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS,
FEBRUARY 11, 1997: Approve.
CASH CONTRACT #S.S. 465 - ANNUAL MISCELLANEOUS REPAIR CONTRACT
(ACCT. NO. 26 Approve extra work in the amount of $156.24 and accept the
improvements and maintenance responsibility: Approve.
WARRANTS ISSUED: NO. 129415 - 129811, $1,043,846.41: Approve.
AGREEMENT FOR CONSULTANT SERVICES WITH SISCORP: Authorize the
Mayor to execute an agreement for consulting services between the City and Siscorp: A
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RESOLUTION NO. 6029 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING AND RESTATING THE CITY'S DEFERRED COMPENSATION
PLAN IN THE FORM OF THE ICMA RETIREMENT CORPORATION
DEFERRED COMPENSATION PLAN AND TRUST
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RESOLUTION NO. 6030 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING AN AMENDED AND RESTATED SUBDIVISION
AGREEMENT WITH THE SUBDIVIDER FOR PARCEL MAP NO. 24007
(9602 -9634 WASHBURN ROAD), AND ACCEPTANCE OF A LETTER OF
CREDIT AS SURETY
RESOLUTION NO. 6031 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP NO. 52146
(7829 STEWART & GRAY ROAD) APPROVING AN AGREEMENT WITH
THE SUBDIVIDER AND ACCEPTING AN IRREVOCABLE LETTER OF
CREDIT AS SURETY
RESOLUTION NO. 6032 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE REAPPOINTMENT OF GLORIA HEER TO THE
RECREATION & COMMUNITY SERVICES COMMISSION, DISTRICT
THREE
RESOLUTION NO. 6033 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE REAPPOINTMENT OF ANDREA WAKEFIELD TO THE
PARKING PLACE COMMISSION, COUNCILMANIC DISTRICT THREE
RESOLUTION NO. 6034 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE REAPPOINTMENT OF WILLIAM HUNT TO THE
WATER ADVISORY BOARD, COUNCILMANIC DISTRICT THREE
RESOLUTION NO. 6035 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES'
ASSOCIATION- MAINTENANCE UNIT
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OTHER BUSINESS - Consent Calendar - Items removed by Council Approval
INVESTMENT POLICY - 1997
Council Member McCaughan referred to Item No. 10 on Page 3 where it mentions Council
approval is needed for any reverse repurchase agreements and asked if a repurchase is safer than a
reverse repurchase. He was advised these are two different types of investments; a reverse repurchase
is a higher risk; and a repurchase agreement has virtually no risk.
It was moved by Council Member McCaughan, seconded by Council Member Riley, and
unanimously carried to adopt the Investment Policy for public funds for the City.
CITYWIDE AERIAL PHOTOGRAPHY - APPROVE CONSULTANT AGREEMENT
Council Member McCaughan explained photos are taken from an airplane to obtain a current
grid of the City and inquired if the ability to digitize the photos is lost after a certain period of time.
Mr. Brace replied the capability of digitizing is never lost but accuracy could be lost due to
changes. He noted digitizing is the capability to enter the information into a computer and print maps
showing chosen features, such as striping plans and street lighting.
It was moved by Council Member McCaughan, seconded by Mayor Lawrence, and
unanimously carried to approve the Agreement for Professional Services with Airborne Systems,
Inc. for aerial photography and maps of the City at a cost not to exceed $41,650.
ORDINANCES
ORDINANCE NO.
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 IX); AND
AMENDING SPECIFIC PLAN NOS. 85 -01, 85 -01A, AND 89 -02 (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. Caton noted this ordinance was continued to permit the City Attorney's office the
additional time to make certain modifications to the conditions under which an adult business ma y be
established.
Mr. McOsker explained the ordinance was revised consistent with Constitutional Law and
consistent with the intent of the ordinance. He noted the most important change is in the area of one
of the required conditions where an adult business would have to gain approval of a Conditional Use
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Permit pursuant to the Downey Municipal Code. This language has been stricken and revised so that
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the adult business would be required to obtain an Adult Use Permit from the Planning Commission
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pursuant to a different provision of the Downey Municipal Code. It would require a public hearing b
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the Planning Commission to assure that all other requirements and conditions are net. The Planning
Commission will act within 45 days of any complete application for an Adult Use Permit and that
determination can be appealed to the Council, who will make a final determination within 45
days after
notice of the appeal. Mr. McOsker explained other minor changes designed to make the ordinance
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constitutionally permissible while insuring the greatest ossiblP protection to the community
P p ty
Mr. McOsker reviewed spacing requirements noting the City cannot prohibit adult businesses
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but can regulate such businesses and provide spacing requirements as long as what is being done i
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protecting the community from the secondary effects of such businesses. There are three different
spacing criteria in the ordinance: A 500 foot radial spacing from the adult business to any residential
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zone or other property used for residential purposes; a 1000 foot radial distance from one adult
business to another adult business or any other premises with an on -sale license issued by ABC; and
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1000 foot radial distance between the adult business and any existing church, park or educational
institution which is utilized by minors.
Council Member Brazelton mentioned Page 12, Paragraph Q, hours of operation, and asked if
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the Planning Commission could set reasonable limits based on circumstances. He was informed the
commission would have limited ability, based upon the facts and circumstances, to limit or extend the
hours.
Council Member McCarthy noted he had requested a staff review of the g spacing requirements
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to more evenly distribute the areas for these uses throughout the City as District 1 is more heavily
impacted than the other districts. He said staff did respond and noted the ordinance appears to be the
best the City can do.
Council Member Riley expressed her hope that property owners will not allow these businesses
to operate on their properties.
Council Member McCaughan noted he would not encourage adult businesses and felt it was up
to the property owners and would have to be monitored.
Mayor Lawrence felt that peer pressure and landlords would take care of this problem and that
the City had done its part by abiding with the law.
Council Member Brazelton asked if the ordinance was as restrictive as it could be to be legally
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enforceable and was informed it was a constitutionally permissible ordinance which is restrictive and
protective of the community.
The Ordinance was read by title only. It was moved by Council Member Brazelton, seconded
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by Council Member McCarthy, and unanimously carried to waive further reading and introduce.
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ORDINANCE NO. 1038
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 (C4) 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 by
Council Member McCaughan, and unanimously carried to waive further reading and adopt.
RESOLUTIONS: None
ADMINISTRATIVE REPORTS: None
OTHER BUSINESS - Council Members
Council Member McCaughan requested the Police Department monitor parking in a clearly
marked no parking zone on 7th Street between Western Avenue and La Reina Avenue. He
stated young adults are parking their cars in this zone, causing vehicles traveling westbound to cross
the traffic line.
Council Member McCaughan indicated he would like to meet with the City Attorney within
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the next two weeks to discuss an ordinance that would address the definition of a front yard and
its potential uses.
Council Member McCaughan requested that stag survey Southeast Los Angeles County
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cities for their requirements on term limits and report back to him.
Council Member McCaughan noted he visited the site of the Community/Senior Center and
Gymnasium and complimented the progress of this project. He predicted the gym would be over
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utilized and complimented the building inspectors for their dedication in performing inspections and
other duties even on their days ofd.
Council Member McCarthy ommented on the meeting held at Golden Park b
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Neighborhood Preservation Officer Christina Garcia. He commended Ms. Garcia and the Police
Department for their efforts and noted there was a turnout of approximateiy 80 people. He advised
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solutions are forthcoming.
Council Member Brazelton requested the status on the resurfacing of Florence Avenue and
was informed Florence Avenue should be started around mid - summer 1997 after work on Firestone
Boulevard is completed.
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Mayor Lawrence commended the Community Services Department for their input at the
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Golden Park meeting held by Ms. Garcia. She attended the meeting and neighbors thought the hbors felt
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their concerns had been heard and looked forward to answers.
Council Member McCaughan asked if information obtained at these meetings could be brought
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back to the Council and the response was yes.
OTHER BUSINESS - Staff Members
Mr. Caton commended the Building Department for the fine job they are doing for the City.
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ORAL COMMUNICATIONS
Bob Winningham, 8346 Lexington Road, President of Northwest Downey Little League,
extended an invitation to the Council and City Staff to join in the Little League's 40th Anniversary
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celebration on Saturday, March 1st, beginning with a pancake breakfast at Rio Hondo Elementary
School and opening day ceremonies beginning at noon at Furman Park. He advised there will be a
softball game between League managers and the Downey Police Department.
Frank Perez, 9104 Gainford Street, advised the Council he has been contacted by an
investigator for Downey Community Hospital. He questioned why the hospital was spending
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money needlessly to investigate him as he has no information to provide. He hoped they were not
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doing t to harass him and force him to spend money on legal fees.
Dr. J. Elder Bryan, 7926 East Third Street, submitted a letter to the Mayor, Council and City
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Manager, with a carbon copy to the editor of the Downey Eagle, containing questions regarding the
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hospital issue.
The meeting recessed at 8:19 p.m. and reconvened at 9:25 p .m.
ADJOURNMENT: 9:25 p.m. ----
The meeting was adjourned to 6:30 p.m., March 11, 1997, in the Council Chamber of
Downey City Hall.
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Judith E. McDonnell, City Clerk Jo ; e L� awrence, Ma
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