HomeMy WebLinkAboutMinutes - 08-22-95 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOW NE Y
AUGUST 22, 1995
T A B L E O F MINUTE ACTIONS
SUBJECT
ACTION PAGE NO.
Introduction of recently promoted Downey Firefighters 1
Proclamation re Constitution Week 1
Proclamation re Rockwell International's Commitment
to Youth Education 1
Presentation by Sister Cities Assn. to So. Calif.
Edison Co. for donation of medical equipment 1
Presentation by Richard Devylder, Program Director of
Southern Calif. Rehabilitation Services at Apol 1 o Park 2
Res. #5898, finding the City to be in Conformance with
the Congestion Management Program (CMP) and adopting
the CMP Local Implementation Report in accordance with
Govt. Code Section 65089 Adopted 2
Res. #5899, amending the City's General Plan 2010 Land
Use Diagram changing the land use designation from
General Commercial to Commercial Manufacturing for
ppty. located at 7100 -7170 Firestone Bl . & 11530
Ryerson Av . & certifying a Negative Decl aration for
General Plan Amendment No. 95-41 Adopted 3
Ord. re Zone Change #95 -37 for property located at
7100 -7170 Firestone Bl . & 11530 Ryerson Av. Introduced 4
Mr. Lennie Whittington re alleged Brown Act violation
of presentation that did not appear on agenda;
unsightly condition & trucks parking on property of
Stats Floral Supply Co. on Lakewood Bi .; & provided
update on status of restrooms at Thrifty Station on
Lakewood & Cecilia 4
City Attorney response re Brown Act 4
Items removed from Consent Cal end ar 4
Council Minutes : Adjourned & Regul ar Meetings,
August 8, 1995 Approved 4
Cash Contract #593, Underground Storage Tanks
Repl acement /Remediation: Approve extra work; accept
improvements; & accept maintenance responsibility Approved 4
Warrants Issued: #113069 - 113502 Approved 4
Page 1 of 2
COUNCIL MINUTES, AUGUST 22, 1995
TABLE OF MINUTE ACTIONS (cONTINUED)
SUBJECT ACTION PAGE ND.
Consideration of violation of approved Lot Split #505,
for properties at 8632 Golden Av., 13410 & 13416
Dempster Av. (Appl icants : Patricia Torok, Edwin Brown;
Representative: David Neal Shaver, Attorney - Chase,
Rotchford, Drukker & Bogust) Hearing set 9/12 5
Res. #5900, approving Final Subdivision Map of Parcel
Map #22 434 (9451-9 Washburn Rd .) Adopted 5
Res. #5901, declaring Int. to grant Petroleum Pipeline
Franchises to Atlantic Richfield Co., Arco Pipe Line
Co., Mobil Oil Co. & Golden West Oil Co. & setting a
public hearing to. consider such franchises for 9/26/95 Adopted; Hrg. set 9/26 5
Ord. granting Franchise to Golden West Refining Co. Introduced 5
Ord. granting Franchise to Mobil Oil Corp. Introduced 5
Ord. granting Franchise to Atlantic Richfield Co. Introduced 5
Ord. granting Franchise to ARCO Pipe Line Co. Introduced 6
Report on Increased Occupancy Housing Approved 6
Downey Cemetery Di strict Agreement Approved 7
Cn . Lawrence re City's continued effort to keep
Rockwell in Downey 7
Cn . Lawrence re approved construction of a freeway
soundwall on Doll i son Dr. 7
Cn . Br a ze l ton re D o l l i so n Dr. s o u n d w a l l 7
Mayor McCaughan re Governor's veto of proposed
Shopping Card preemption by the grocery industry 7
Cn . Boggs requested Shopping Cart retrieval be placed
on future agenda Ref. to staff 8
Meeting adjourned in Memory of Johnny Rodriguez,
Asst. Water /Sanitation Superintendent; and Elena
Roberta Quinn, Downey resident, author, historian 8
Meeting adjourned to 6:30 p.m., September 12, 1995 8
Page 2 of 2
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
AUGUST 22, 1995
The City Council of the City of Downey held a regular meeting at 7:37 p . m . ,
August 22, 1995, in the Council Chamber of the Downey Ci ty Hal 1 , Mayor Gary P.
McCaughan presiding.
PRESENT: Council Members:
Gary P. McCaughan , M.D. Mayor
Joyce L. Lawrence Mayor Pro -Tern
Diane P. Boggs
Robert S. Bra zel ton
Barbara J. Riley
ALSO PRESENT: Lee Powell , Assistant City Manager
Cheryl J. Kane, Ci ty Attorney
Judith McDonnell , City Cl erk - Treasurer
Greg Caldwell , Pol ice Chief
Ronald Irwin, Fire Chief
Art Rangel , Director of Economic & Community Development
Richard Redmayne, Director of Publ is Works
Lowell Williams, Director of Finance
Robert Brace, City Engineer
John Finch, Pol ice Captain
Ron Yoshi ki , Asst. Director of Community Dev . /City Planner
Bob Gallagher , Building Official
Ed Velasco, Housing Manager
Al to Duke , Social Services Manager
Joyce Doyle , Deputy City Cl erk
PRESENTATIONS
Fire Chief Irwin introduced the fol 1 owing recently promoted Firefighters:
Ron Bear, Engineer; Mi ke Whitney, Engineer; Mark Gil 1 aspie, Engineer; Lonald
Croom, Engineer; David Calderwood, Captain; and Jeffrey Turner, Captain. The
Firefighters' family members were introduced.
Council Member Riley compl imented the prompt response and special treat-
ment given to her and her family by the Paramedics that answered a recent call
for assi stance. She noted that "special treatment" is given to every individual
needing Paramedic service.
Mayor McCaughan presented to Cathy Tribe, chairperson of Constitution Week
representing Santa Gertrudes Chapter of Downey, Daughters of the American
Revol ution, a Proclamation declaring September 17 - 19 as Constitution Week.
Mayor McCaughan read a Proclamation commending Rockwell Space Systems
Division for its contribution to the community in its educational outreach
programs.
Mr . Phil Bliss , representing the Downey Sister Cities Association,
presented to former Mayor Barbara Riley a statuette from Al aj uela, Costa Rica ,
of their national hero, Juan Santa Maria, and a pl ague of appreciation for her
vi sit to that City.
Council Minutes 8/22/95 -1-
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With the assistance of Mayor McCaughan, a plaque on behalf of the Downey
Sister Cities Association and a Certificate of Appreciation were presented to
Doris Ojeda - Naumis and to Sylvia Granados of Southern California Edison Company,
for their joint effort in obtaining medical equipment for donating to a hospital
in Ensenada, Mexico.
Sylvia Granados commented on the restructuring of the Edison Company, which
included the closing of health care clinics throughout their service territory
and enabled them to donate more than $16,000 in medical equipment to the Downey
Sister Cities Association for donating to a hospital in Ensenada, Mexico. She
asked Association members to stand and be recognized.
Mr. Phil Bliss of the Sister Cities Association narrated a slide presenta-
tion showing the equipment donated and the people involved in activities and
events relating to delivery of the equipment to the Mexican hospital.
Mr. Richard Devylder, Program Director of Southern California Rehabilita-
tion Services at Apollo Center, gave an overview of the many services provided
by their agency to citizens with physical disabilities and seniors, pointing out
that he is trained in the Americans with Disabilities Act to provide training to
the community and technical assistance. He commented on various goals of the
agency, one of which is community outreach and involves developing two 30- second
commercials in English and Spanish that he is asking cities to request their
community channels to place in their programing. The next goal is to develop a
computer facility at Apollo Center working in conjunction with the senior center
to meet the needs of people with disabilities. Mr. Devylder welcomed any input
from the City and any funding that might be available.
HEARINGS
Mayor McCaughan opened the public hearing on City's Conformance with the
1995 Congestion Management Program.
Ms. McDonnell affirmed the Proof of Publication. It was moved by Council
Member Lawrence and so ordered to receive and file.
Mr. Rangel summarized the staff report, noting this hearing and subsequent
action are required prior to September 1st certifying to the City's conformance
with the Plan. He highlighted certain requirements under the Congestion
Management Program (CMP) that cities must be complied with in order to continue
receiving their portion of State Gas Tax monies and to preserve their
eligibility for State and Federal funding for transportation projects.
Mayor McCaughan inquired if the City Clerk had received any correspondence,
and the response was no.
There being no one present to speak, it was moved by Council Member Boggs,
seconded by Council Member Bra zel ton, and so ordered to close the hearing.
RESOLUTION NO. 5898
A RESOLUTION OF TI-E CITY COUNCIL OF THE CITY OF DOW ICE Y
FINDING TFE CITY TO BE IN CONFORMANCE WITH TFE CONGESTION
MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL
IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA
GOVERNMENT CODE SECTION 65089
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The Resol ution was read by title only. It was moved by Council Member
Boggs, seconded by Council Member Lawrence, and carried by unanimous vote to
waive further reading and adopt.
Mayor McCaughan opened the public hearing on GENERAL PLAN AMENDMENT NO. 95-
41, REDES IGNATING PROPERTY LOCATED AT 7100 -7170 FIRESTONE BOULEVARD AND 11530
RYERSON AVENUE FROM " GENERAL COMMERCIAL" TO "CGMMERC IAL MANUFACTURING" AND TO
IECCMMEND APPROVAL OF ZONE CHANGE NO. 95 -37, REZONING TEE PROPERTY FROM M -1 /PB
((LIGHT MANUFACTURING & PARKING BUFFER) TO C-M (CCMMERCIAL-MANUFACTURING) AND
CERTIFICATION OF TEE ('EGATIVE DECLARATION.
Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved
by Council Member Boggs and so ordered to receive and file.
Mr. Yoshiki responded to a question regarding the types of uses permitted
in the commercial and manufacturing zones. He then summarized the staff report
noting that the City has always kept manufacturing and commercial activities
separate; however, through the general plan process, consideration was given to
a land use designation of commercial- manufacturing, a request for which is part
of this public hearing. Mr. Yoshi ki narrated a slide presentation depicting how
the subject property and surrounding area are developed and responded to
questions of the Council.
Mayor McCaughan inquired if the City Clerk had received any correspondence,
and the response was no.
Mayor McCaughan then asked the applicant or his representative to come
forward and present the case.
Mr. Paul DeTi l l a, 10829 Downey Avenue, representing the applicant, Andrews
Rancho Del Sur, discussed the need for greater flexibility of development along
the Firestone corridor, pointing out the C -M zone is more restrictive when it
comes to industrial type uses but would allow integrating both manufacturing and
commercial uses and provide additional f l e x i b i l i t y and enhancement for the
community.
There being no one present to speak in favor and no one to speak in o p p o s i -
t i o n , it was moved by Council Member Lawrence, seconded by Council Member Boggs,
and so ordered to close the hearing.
RESOLUTION NO. 5899
A RESOLUTION OF TI-E CITY COUNCIL OF THE CITY OF DOW 1 E Y
AMENDING TEE CITY'S GENERAL PLAN 2010 LAND USE DIAGRAM
CHANGING THE LAND USE DESIGNATION FROM GENERAL
C CMM ERC IA L TO C CMM ERC IA L MANUFACTURING FOR PROPERTY
LOCATED AT 7100 -7170 F IRESTOI[ BOULEVARD AND 11530
RYERSON AVENUE AND CERTIFYING A lE GAT I VE DECLARATION
FOR THIS GE NERA L PLAN AMENDMENT NO. 95-41
The Resolution was read by title only. It was moved by Council Member
Boggs, seconded by Council Member Brazel ton, and unanimously carried to waive
further reading and adopt.
Council Minutes 8/22/95 -3-
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ORDINANCE NO.
AN ORDINANCE OF TEE CITY COUNCIL OF TIE CITY OF DOPEY
E Y
REZONING PROPERTY LOCATED AT 7100 -7170 FIRESTONE
BOULEVARD AND 11530 RYERSON AVENUE ZONED M -1 /PB (LIGHT
MANUFACTURING AND PARKING BUFFER) TO C-M (COMMERCIAL-
MANUFACTURING) AND TEE OFFICIAL ZONING MAP OF TI-E CITY
OF DOWNY BE AMENDED TO REFLECT THIS ZONE CHANGE AND
CERTIFYING TI-E I'E GAT I VE DECIMATION
( CHANGE W. 95-37)
The Ordinance was read by title only. It was moved by Council Member
Boggs, seconded by Council Member Lawrence, and unanimously carried to waive
further reading and to introduce.
ORAL COMMUNICATIONS
Mr. Lennie Whittington, 8542 Manatee, spoke on an alleged Brown act
violation regarding a presentation that did not appear on this Agenda. He then
referred to the unsightly condition of property at Stats Floral Supply Company
on Lakewood Boulevard, which also appears to be a truck stop with numerous
trucks parked on the site. Mr. Whittington offered an update on status of the
restroom facilities at Thrifty Station at Lakewood and Cecilia, pointing out
that the men's room is tagged out of order, and he was directed to the ladies'
room. He asked that staff continue to monitor this situation.
City Attorney Cheryl Kane explained the Brown Act prohibits the City
Council from discussing or acting on items that do not appear on the Agenda.
The presentation this evening by the Sister City Association did not involve any
discussion or action by the Council.
CONSENT CALENDAR - ITEMS FOR REMOVAL:
Council Members Boggs and Lawrence indicated they will be abstaining on
Agenda Item VI-E-1, Downey Cemetery District Ag reen en t .
Mayor McCaughan stated he will abstain on the Minutes of Adjourned and
Regular Meetings of August 8, 1995, since he was not present at the meeting.
Mr. Lennie Whittington, 8542 Manatee Street, requested removal from the
Consent Cal endar of Agenda Item VI -E -1, Downey Cemetery Di strict Agreement.
CONSENT CALENDAR
I t was moved by Council Member Br a ze l ton , seconded by C o u n c i l Member
Riley, and unanimously carried to waive further reading of the Resolutions and
approve the remainder of the Consent Calendar as recommended (Mayor McCaughan
abstaining on the Minutes):
COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, AUGUST 8, 1995: App rov e.
CASH CONTRACT W. 593, Underground Storage Tanks Re pl ac em en t/-
FRemediation: Approve extra work totaling $25,581.20; accept improvements
completed; and accept the maintenance responsibility for improvements
constructed: Approve.
WARRANTS ISSUED: NO. 113069 - 113502, $1,197,383.20: Approve.
Council Minutes 8/22/95 -4-
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CONSIDERATION OF A VIOLATION OF APPROVED LOT SPLIT NO. 505, FOR PROPERTIES
LOCATED AT 8632 GOLDEN AVENUE, 13410 AND 13416 DEMPSTER AVENUE (ASSESSOR
PARCEL NOS. 6266 - 020 -058, 6266- 020 -060, AND 6266- 020 -061) (APPLICANTS:
PATRICIA TOROK, EDWIN BROWN; REPRESENTATIVE: DAVIS (SEAL SHAVER, ATTORNEY -
CHASE, ROTCHFORD, DRUKKER & BOGUST): Set hearing for 7:30 p .m., September
12, 1995, in the Council Chamber of Downey City Hall .
RESOLUTION N0. 5900
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWt'E Y
- APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 22434
(9451 -9 WASHBURN ROAD)
ORDINANCES AND RESOLUTIONS (not set forth above)
MEW PIPELINE FRANCHISE ORDINANCES FOR OIL COMPANIES
Mr. Recinayne summari zed the staff report, indicating the exi sting
Ordinances will expire on November 8, 1995, and he recommended adoption of a
Resol ution of Intention to adopt the new franchi ses on September 26, 1995. He
mentioned the major changes in the franchi se agreements pertain to insurance
requirements from $10 m i l l ion to $20 million, because of the potentially high
costs that could be incurred in the event of a spill , and this increase should
afford the City extra protection. Mr. Recfnayne then discussed the minor base
rate increase, which i s based on the Consumer Price Index; however, he noted
that ARCO Pi pe Line (formerly known as Four Corners) i s entitled to a lower
rate because it qualifies as a public utility. The proposed franchi se fees for
the cal endar year will amount to approximately $39,000.
RESOLUTION N0. 5901
A RESOLUTION OF TIE CITY COUNCIL OF THE CITY OF DOW M Y
DECLARING ITS INTENTION TO GRANT PETROLEUM PIPELINE FRANCHISES
TO ATLANTIC RICHFIELD COMPANY, ARCO PIPE LINE COMPANY, MOBIL OIL
COMPANY AND GOLDEN WEST OIL COMPANY AND SETTING A PUBLIC HEARING
TO CONSIDER SUCH FRANCHISES FOR SEPTEMBER 26, 1995
It was moved by Council Member Boggs , seconded by Council Member Lawrence,
and unanimously carried to waive further reading and adopt.
ORDINANCE NO.
AN ORDINANCE OF TEE CITY COUNCIL OF TIE CITY OF DOW ('E Y
GRANTING A FRANCHISE TO GOLDEN WEST REFINING COMPANY
CR DI NANC E NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWN Y
GRANTING A FRANCHISE TO MOBIL OIL CORPORATION
(ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOW![ Y
GRANTING A FRANCHISE TO ATLANTIC RICHFIELD COMPANY
Council Minutes 8/22/95 -5-
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ORDINANCE NO.
AN ORDINANCE OF TUE CITY COUNCIL OF T}[ CITY OF DOWIEY
GRANTING A FRANCHISE TO ARCO PIPE LINE COMPANY
The Ordinances were read by title only. It was moved by Council Member
Lawrence, seconded by Council Member Brazelton, and unanimously carried to
waive further reading and introduce the Ordinances.
ACM IN ISTRATIVE REPORTS
INCREASED OCCUPANCY HOUSING
Captain Finch mentioned that he and the Code Enforcement Unit have
reviewed the City's current response to the issue of increased occupancy to
identify ordinances and other laws currently being used to address these types
of complaints and the actual departments or divisions involved in enforcing the
rules within the City. He commented on a meeting held with all units respond-
ing, including representatives from the City Attorney's Office, City
Prosecutor's Office, and the County Health Department, and noted the report
submitted to Council outl ines 39 different conditions being regulated. Some
conditions are specific; some are very broad; and some deal with actual illegal
over - crowding and more commonly deal with secondary effects or symptoms that
relate to different types of increased occupancy issues. Responding to a
request for more information relating to a condition of "unapproved occupancy"
1 isted under the Los Angel es County Heal th Department, Captain Finch explained
this is covered under a section of the County Health Code limiting habitable
space to those areas that have approved sleeping, cooking and bathroom
facilities and also prohibits human occupancy in such areas as closets,
pantries, garages, etc. He complimented the outstanding level of cooperation
between the Code Enforcement unit and other City departments and divisions.
the report which places into one document
Mayor McCaughan complimented t o epo t w c p
information that can be quickly accessed when the public rai ses questions about
the code enforcement process. He then highlighted four areas of concern:
First, he asked for a report back regarding whether any Federal regulations
exist that would allow anyone other than family members to pool their resources
to qualify for the first -time homebuyer program; second, he encouraged
establishing dialogue with the Board of Realtors to discuss the issue of
selling homes to multiple families; third, he referred to the l a s t item under
issues dealt with by the Planning Division relating to "controlled use of all
structures on property" and questioned whether this means enforcement of the
R -1 Zoning Code; and lastly, he suggested there might be a point when Council
want s to authorize enforc of t he R -1 zone after - hours or evenings.
Council Member Lawrence is comfortable the City is dealing with secondary
issues and not delving into the financial arrangements of people attempting to
purchase a home.
Mayor McCaughan cited complaints he has received about increased traffic
and parking problems during evening hours and that enforcement during those
hours would identify what the problems are.
It was moved by Council Member Boggs, seconded by Council Member Lawrence,
and unanimously carried to approve the report.
Council Minutes 8/22/95 -6- �.
The Council concurred with Mayor McCaughan contacting the President of the
Downey Board of Real tors regarding t hi s issue and asking for input and al so
requesting information from the Housing Division on Federal regul ations con-
cerning the pool ing of resources to purchase a home.
OTHER BUSINESS - CONSENT CALENDAR - Items removed by Co unc i l Approval :
DOW PE Y CEMETERY AGREEMENT
Mr . Powel 1 reported on a proposed Agreement between the Ci ty and the
Downey Cemetery Di strict to provide management sery ices to the Di strict with a
City empl oyee designated by the Ci ty Manager for a $250 per month fee and
maintenance sery ices on a cost - reimbursement basis. These sery ices , he said ,
are in addition to the accounting services currently provided by the Ci ty to
the Cemetery Di strict. The City would gain revenue of $7,200 a year under thi s
agreement.
Mr. Lennie Whittington, 8542 Manatee Street, mentioned the Cemetery
Di strict had an agreement with former Publ is Works Director Bill Ral ph , and he
asked if Mr. Ral ph i s sti 11 under agreement with the Di strict and sti 11 being
paid a sal ary. .
Council Member Boggs noted she sits on the Cemetery Board and she wi 11 be
abstaining on this matter. With the concurrence of the City Attorney and
speaking as a member of the Cemetery Board , she ac kn o wl ed g ed that Mr . Ra 1 ph ' s
contract concl uded June 30, 1995.
It was m ov ed by Council Member Ri 1 ey , seconded by Council Member
Bra zel ton , and carried (with Co unc it Members Boggs and Lawrence abstaining) to
approve the Downey Cemetery Di strict Agreement and authorize the Ci ty Manager
to sign .
OTFER BUSINESS - Council Members:
Council Member Lawrence referenced the Procl am ati o n thanking Roc kwel 1 for
its commitment to youth education and discussed a recent space day event, which
was a combined cel ebration of space camp and the recent shuttle 1 aunch and was
attended by astronauts, Roc kwel 1 s top officials and the City's Congressman .
She em pha si zed Downey i s trying to help Rockwell keep j obs in the City .
Council Member Lawrence announced that after her attendance with Council
Member Braze' ton at a meeting of the California Transportation Committee to
speak in favor of funding for construction of the I -5 Freeway Soundwall on
Doll ison Drive, the project was approved. Construction should commence mid -
spring and concl ude in the summer . The cost i s approximately $980,000.
Council Member Brazel ton added brief comments regard ing his attendance at
a meeting of the California Transportation Committee with Council Member
Lawrence to seek funding for the Doll ison Soundwall.
Mayor McCaughan noted the Governor vetoed the proposed Shopping Cart
preemption by the grocery industry and indicated he feels the Ci ty should
control 1 itter that invades the publ is right -of -way. He encouraged further
dialogue on this matter.
Council Minutes 8/22/95 -7-
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Council Member Boggs requested placing the issue of Shopping Cart
Retrieval on a future agenda for discussion, particularly in view of the small
business owner that has addressed the Council and cited unnecessary hardships
created by the City's ordinance.
Mr. Powell indicated staff will return with a report.
OTHER BUSINESS - Staff Members: None
MDJOURWIENT: 9:27 p .m.
The meeting was adjourned in Memory of Johnny Rodriguez, Assistant Water/ -
Sanitation Superintendent; and Elena Roberta Quinn, Downey resident, author,
publisher and historian. The meeting was al so adjourned to 6:30 p.m., August
22, 1995, in the Council Chamber of Downey City Hall , 11111 Brookshire Avenue,
Downey.
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T ,i > :.' ^ / a b 1 .. , • tit } ,
Judith E. McDonnelT, City Clerk Gary P. Mc aughan, Mayor
' „-x
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