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HomeMy WebLinkAboutMinutes-08-11-98-Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 11, 1998 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Appeal of General Plan Amendment #97-66 & Zone Change Contd. to 7:30 p.m. #97-67 9/22/98 3 Ord. changing the zone of properties at 8117, 8127 & 8133 Third St. Introduced 3 Council Minutes: Adjourned & Regular Mtgs. 7/28/98 Approved 4 Cash Contract #605, Phase I underground storage tank replacement at Fire Station No. 1: Approve construction contract with D & S Fueling, Inc. Approved 4 Warrants Issued: 146089 - 146521, $1,165.190.19 Approved Consider adopting a Resolution self-certifying the City's conformance with the Metropolitan Transportation Authority's Set hrg. 7:30 p.m. Congestion Management Program 8/25/98 Appeal Conditional Use Permit #98-37 relating to day care/pre- Set hrg. 7:30 p.m. school facility at 12739 Lakewood Bl. 8/25/98 Community Development Block Grant Subrecipient Agreement with ARC of S.E. L. A. Cnty.: Approve Agreement & allocate funds for independent living services to persons with developmental & learning disabilities Approved 4 Community Development Block Grant Subrecipient Agreement with So. calif. Rehabilitation Services, Inc.: Approve Agreement & allocate funds to provide independent living services to persons with physical disabilities Approved 4 Ord. #1054, amending the DMC pertaining to permits for the filming of commercial motion pictures or television productions Adopted Unscheduled equipment replacement of the emergency generator for civic center Approved 5 PAGE 1 OF 2 COUNCIL MINUTES, AUGUST 11, 1998 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Consideration of appointment to office and/or holding of election in Council Dist. 2 Rec. & file 5 Cn. Brazelton requested review of City's Ord. re newsracks blocking the public thoroughfare & those with pornographic ,.., content Ref. to staff 5 Cn. Brazelton referenced incidents during July 4th & asked staff for on report tightening htenin the City's Ord. re fireworks Ref. to staff 5 p g g Y Cn. Riley requested staff bring back a Res. re Prop. 9, the 1998 Electric Utility Proposition Ref. to staff 6 Cn. Riley ref. to correspondence rec'd. from inspectors of the golf course complimenting the facility & thanked Mr. Jarrett 6 Cn. Riley expressed her pride of the four Explorer Scouts who led the flag salute 6 Mayor Pro Tem McCarthy referenced the number of graffiti locations in the City & thanked staff quick removal 6 Dr. Vernor Waite read from & distributed info. requesting the Ci ty to consider self- insuring for medical care 6 Lennie Whittington responded to a comment from Mayor Pro Tem McCarthy and indicated he is not interested in running for City Council 6 Fred James commented on the Senior Citizens Comm. mtg., & thanked Council Members who have supported this group 6 Adjourned in memory of Orbrey Duke, husband of Social Services Manager Alta Duke 6 Meeting adjourned to 6:30 p. m., August 25, 1998 6 h: ccleridsconte\tab10811 PAGE 2 OF 2 • 10959 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 11, 1998 The City Council of the City of Downey held a regular meeting at 7:32 p.m., August 11, 1998, in the Council Chamber of the Downey City Hall, Mayor Pro Tem Keith McCarthy, presiding. PRESENT: Council Members: Keith McCarthy Mayor ProTem Robert S. Brazelton Joyce L. Lawrence Barbara J. Riley ABSENT: Gary P. McCaughan, M.D. Mayor (excused) ALSO PRESENT: Gerald M. Caton, City Manager Charles Vose, City Attorney Judith McDonnell, City Clerk-Treasurer Lee Powell, Assistant City Manager Desi Alvarez, Director of Public Works Greg Caldwell, Police Chief Ron Irwin, Fire Chief James Jarrett, Director of Community Services Lowell Williams, Director of Finance Robert Brace, City Engineer Linda Haines, Building Official Ed Velasco, Manager of Housing Ron Yoshiki, Asst. Director of Community Dev./City Planner June Yotsuya, Assistant to the City Manager Shirley Conte, Executive Secretary PRESENTATIONS: None HEARINGS Mayor Pro Tem McCarthy opened the public hearing on APPEAL OF GENERAL PLAN AMENDMENT NO. 97-66 AND ZONE CHANGE NO. 97-67, FOR PROPERTY LOCATED AT THE SOUTHERLY TERMINUS OF BLUFF ROAD, which was continued from the Council Meeting of July 28, 1998. Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council Member Brazelton, seconded by Council Member Riley, and so ordered to receive and file. Council Minutes 8/11/98 -1- • 10960 Mr. Yoshiki explained that stag's recommendation is for denial, without prejudice, which will enable the applicant to refile at a later date without incurring the normal 12 month waiting period provided for in the Downey Municipal Code. He narrated a visual program depicting the site and a vicinity map and advised that the property is zoned R1 -6000 and currently has no utilities, such as, water, sewer, etc., which is the principle reason for denial of the request. Mr. Gustavo Godoy, representing the C. T. & F. Company, 7228 Scout Avenue, Bell Gardens, mentioned this company presently occupies 2.25 acres and is southwest of the subject property. He noted the company is currently in a growing mode and needs to expand. They are proposing to rezone the subject property and utilize it for outdoor storage. They do not feel that sewer and water utilities are needed for the proposed use; however, they have contacted the City of Bell Gardens and have received approval to add utilities to the site. He noted that City staff had concern with traffic on Bluff Road and advised C. T. & F. proposes to close off access to Bluff Road and grant the City an exclusive use easement. They presently have a 50 foot easement connecting the property to Scout Avenue and traffic would be channeled in that direction. He felt they could meet staff's concerns, statin g safeguards uards would be in place to develop the property for another use in the future. There being no one present to speak in favor or in opposition, it was moved by Council Member Brazelton, seconded by Council Member Lawrence, and so ordered to close the public hearing. (See later motion to continue the hearing.) At this time, the Resolution denying the appeal and denying, without prejudice, General Plan Amendment No. 97 -66 was read by title only. Council Member Brazelton asked if staff's concern was the fact that rezoning this property would open it up to all uses in that particular zone classification, which does not allow any conditions to be imposed, and the response was yes. Mr. Godoy was asked if it was C. T. & F.'s position that utilities are not needed for the proposed use as a storage area and he replied yes. C. T. & F., Inc. is willing to extend utilities and this must be done before September, which is the deadline imposed by the City of Bell Gardens. Council Member Lawrence asked staff if they would be willing to review this request when utilities are in place, and the response was yes. Mr. Yoshiki explained that providing the utilities from Scout Avenue involved crossing another property and the applicant needs to address an easement issue for this purpose. Council Member Riley referred to the size of water and sewer lines, asking if they were adequate for industrial use, and the response was yes. It was noted that fire flow would have to be measured to insure that sufficient flow is present. Mayor Pro Tem McCarthy asked about continuing this matter until the applicant has the utilities in P lace and resolves the easement issue, and was informed by the City Attorney that the issue could be continued, if the Council and applicant agree. Mr. Godoy said his company is committed to extending the utilities, if they have assurance from the Council that their request will be reconsidered. Council Minutes 8/11/98 -2- • 1096 Mr. Yoshi ki noted at the time the infrastructure is in place the applicant will be able to refile the application. Mr. Vose suggested the possibility of accepting a bond, with approval from the City of Bell Gardens, which could be enforced if the utilities and easement issues are not secured within a certain time period. He felt the best approach would be to continue the hearing to a future date, with the consent of the applicant. Mr. Godoy stated he would consult with the City of Bell Gardens tomorrow morning on these matters. Mr. Caton said if the hearing was continued, he would ask that the City Attorney speak to the applicant after the meeting. It was moved by Council Member Brazelton, seconded by Council Member Lawrence, and unanimously carried (4-0) to continue the public hearing to 7:30 p.m., September 22, 1998, to reconsider this item to see if utilities and road access issues have been alleviated. Prior to the vote, the applicant was asked if this was acceptable and the response was yes. Mayor Pro Tem McCarthy opened the public hearing on ZONE CHANGE NO. 98-33, FOR PROPERTIES LOCATED AT 8117, 8127 AND 8133 THIRD STREET, which was continued from the Council Meeting of July 28, 1998. Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council Member Riley, seconded by Council Member Lawrence, and so ordered to receive and file. Mr. Yoshiki mentioned this item is related to the City's acquisition of property for a proposed senior citizen housing project. He narrated a visual presentation and noted the Planning Commission approved an application to merge the four properties involved into a single lot. Zoning of the properties would be changed from C-2, General Commercial, to C-3, Central Business District. There was no correspondence received on this matter. There being no one present to speak in favor or in opposition of Zone Change No. 98-33, it was moved by Council Member Riley, seconded by Council Member Brazelton, and so ordered to close the public hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY CHANGING THE ZONE OF PROPERTIES LOCATED AT 8117, 8127 & 8133 THIRD STREET FROM C-2 (GENERAL COMMERCIAL) TO C-3 (CENTRAL BUSINESS DISTRICT) The Ordinance was read by title only. It was moved by Council Member Brazelton, seconded by Council Member Lawrence, and unanimously carried (4-0) to waive further reading and introduce. Council Minutes 8/11/98 109C2 CONSENT CALENDAR - ITEMS FOR REMOVAL: None CONSENT CALENDAR It was moved by Council Member Riley, seconded by Council Member Brazelton, and unanimously carried (4 -0) to waive further reading of the Ordinance and approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, JULY 28, 1998: Approve. CASH CONTRACT NO. 605 - PHASE I UNDERGROUND STORAGE TANK REPLACEMENT FIRE STATION NO. 1 (ACCOUNT NO. 40-13023): Approve a construction contract with D & S Fueling, Inc., totaling $120,425 for underground storage tank replacement at Fire Station No. 1: Approve. WARRANTS ISSUED: NO. 146089 - 146521, $1,165,190.19: Approve. CONSIDER ADOPTING A RESOLUTION SELF - CERTIFYING THE CITY'S CONFORMANCE WITH THE METROPOLITAN TRANSPORTATION AUTHORITY'S (MTA'S) CONGESTION MANAGEMENT PROGRAM (CMP): Set the public ublic hearin g g for 7:30 p.m., August 25, 1998, in the Council Chamber of Downey City Hall: Approve. APPEAL - CONDITIONAL USE PERMIT NO.. 98 -37 RELATING TO THE OPERATION OF A DAY CARE/PRE- SCHOOL FACILITY ON PROPERTY LOCATED AT 12739 LAKEWOOD BOULEVARD, ZONED C -1 (NEIGHBORHOOD COMMERCIAL) Ruth Sanchez/Hedwig Taylor): Set the public ) hearing for 7:30 pm., August 25, 1998, in the Council Chamber of Downey City Hall: Approve. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBRECIPIENT AGREEMENT WITH THE ARC OF SOUTHEAST LOS ANGELES COUNTY: Approve the Agreement and allocate $10,000 in 1998 -99 CDBG funds for independent living pp A g services available to persons with developmental and learning disabilities: Approve. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBRECIPIENT AGREEMENT WITH SOUTHERN CALIFORNIA REHABILITATION SERVICES, INC.: Approve the Agreement and allocate $5,000 in CDBG funds to provide independent living services to persons with physical disabilities: Approve. ORDINANCE NO. 1054 (ADOPTED) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE VI OF THE DOWNEY MUNICIPAL CODE BY ADDING CHAPTER 10, SECTIONS 6905 THROUGH 6913, PERTAINING TO PERMITS FOR THE FILMING OF COMMERCIAL MOTION PICTURES OR TELEVISION PRODUCTIONS WITHIN CITY LIMITS Council Minutes 8/11/98 -4- • 10963 ORDINANCES: None • RESOLUTIONS: None ADMINISTRATIVE REPORTS UNSCHEDULED EQUIPMENT REPLACEMENT OF THE EMERGENCY GENERATOR FOR CIVIC CENTER Mr. Alvarez advised that the emergency generator powering the Police Department, 911 Communication Center, and Data Processing Center is 32 years old. It is a diesel powered unit that is tested on a monthly basis. During testing July 1st, it was found to be broken, with estimated costs to repair at $30,000. Repairs could take four to twelve weeks, depending on the availability of parts. Staff feels it is more cost effective to replace the generator and has solicited bids. Four bids were received and staff recommends approving the lowest bid. It was moved by Council Member Riley, seconded by Council Member Lawrence, and unanimously carried (4-0) to authorize the purchase and installation of an emergency generator for the Police Department from Power Systems Associates; and appropriate 556,475 from the Civic Center Fund. CONSIDERATION OF APPOINTMENT TO OFFICE AND/OR HOLDING OF ELECTION IN COUNCIL DISTRICT TWO Mr. Vose explained the situation in Council District 2 where there is only one candidate. He noted there are two choices: either go forward with the election; or appoint the candidate. If an appointment is considered, this can only be done by scheduling a special meeting next week, during a specific time period, Monday through Thursday. If the Council does not want to do this, they can receive and file the report and then go forward with the election. It was moved by Council Member Lawrence, seconded by Council Member Riley, and unanimously carried (4-0) to receive and file the report. Prior to the vote, Lennie Whittington, 8542 Manatee Street, concurred with the Council's motion, stating the people in District Two have the right to do a write-in vote. OTHER BUSINESS - Council Members Council Member Brazelton mentioned correspondence from the Manager of Marie Calendars Restaurant about numerous newsracks in front of the facility, some with pornographic content, and suggested staff study the City's Ordinance for reasonable restraints that can be imposed to make it more restrictive with regard to newsracks blocking the public thoroughfare, etc. Council Member Brazelton referenced incidents that occurred during the July 4th holiday and asked staff to come back with a report on the possibility of tightening the City's Ordinance on what is allowed and not allowed pertaining to fireworks. Council Minutes 8/11/98 -5- • 10964 9 6 4 Council Member Riley asked staff to bring back a Resolution for Proposition No. 9, the 1998 Electric Utility Proposition, for Council to make the decision whether to oppose or support. Mr. Caton noted that a request has been received from the Edison Company that the City go on record opposing Proposition 9. This will be placed on the next Agenda. Council Member Riley referenced correspondence sent to Mr. Jarrett from inspectors of the Golf Course offering their compliments of the facility. She thanked Mr. Jarrett for a job well done. Council Member Riley acknowledged and expressed her pride of the four Explorer Scouts 0,--, who led the flag salute. Mayor Pro Tem McCarthy referred to Minutes from the Recreation & Community Services Commission that mentioned the number of locations in the City experiencing graffiti. The anticipated number of graffiti removal sites was 6,000 and the actual number was 9,781. He complimented City staff for removing the graffiti right away and noted how costly this is for the City. P Y g g g Y STAFF COMMENTS: None ORAL COMMUNICATIONS Dr. Verner Waite, 5243 Vista Del Sol, Cypress, read from information he distributed requesting the City to consider self - insuring for medical care. Lennie Whittington, 8542 Manatee Street, responded to an earlier comment by Mayor Pro Tem McCarthy, indicating he has no intention of running for a City Council seat. Fred James, 9360 Samoline Avenue, mentioned that 107 people attended the Senior Citizens Committee meeting today. He commented on some of the club's activities and complimented the Council Members who have shown support. ADJOURNMENT: 8:32 p. m. The meeting was adjourned in memory of Orbrey Duke, husband of Social Services Manager Alta Duke, to 6:30 p.m., August 25, 1998, in the Council Chamber of Downey City Hall. a i / A .,, Ai L / 0 e• J dith E. McDonnell, City Clerk K eith McCarthy, Mayor Pr% Tem / 1 / H:\ CCLERK \SCONTEIMINUTES\CCMNO811.wPD Council Minutes 8/11/98 -6-