HomeMy WebLinkAboutMinutes-11-10-98-Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
NOVEMBER 10, 1998
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Proclamation re America Recycles Day, 11/15/98 1
Presentation of plaque honoring Coca -Cola Bottling Company
as 1998 Recycler of the Year 1
Certificates of Achievement to winning students of the Used
Oil recycling School Calendar Contest 2
Appeal, General Plan Amendment No. 97 -66, amending
General plan category of the parcel at the terminus of Bluff Rd. Contd. to 7:30 p.m.
from "Low density Residential" to "General Manufacturing" 11/24/98 2
Removal of Items from Consent Calendar 2
Council Minutes: Adjourned & Regular Meetings, 11/10/98 Approved 2
Cash Contract #S.S. 468 — Misc. Concrete Construction &
repair Contract: Approve extra work & accept the
improvements & maintenance responsibility Approved 2
Warrants Issued: 148856 149257, $1,048,637.89 Approved 2
Downey Holiday Lane Parade Permit: Approve permit
application for the 1998 Holiday Lane Parade & expenditures
in the amount of $9,380.04 for City support services Approved 3
Application for Taxicab Service (Applicant: San Gabriel Set hrg. 7:30 p.m.
Transit, dba Day & Nite Yellow Cab) 11/24/98 3
Ord. approving the form & authorizing the execution of
documents between the City & the United States Government Introduced 4
Res. #6209, approving the form & authorizing the execution
of the purchase agreement and escrow instructions Adopted 4
PAGE 1 OF 3
COUNCIL MINUTES, NOVEMBER 10, 1998
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Res. #6210, relating to a Master Agreement with G. E.
Capital Public Finance, Inc. for the purpose of financing the
acquisition of one portable building (Furman Park) Adopted 5
Appropriation from General Fund to reimburse Downey
Unified School District for installation costs (Furman Park) Approved 5
Roger Lawrence spoke re Youth Fishing Day at Wilderness
Park 5
Res. #6211, declaring its intention to vacate Ryerson Av. &
Neo St. between Firestone Bl. & 179 feet west of the
centerline of Haro Av. Adopted 5
Ord. #1059, amending Article 7, Chapter 6, of the DMC by
adding Chapter 6, pertaining to the management of parkway
street trees Adopted 6
Mayor McCaughan discussed concerns re Yard Sales Mayor to discuss
with staff 6
Mayor McCaughan re increased number of Commercial Mayor to discuss
Vehicles in residential areas with staff 7
Mayor McCaughan noted complaints re Driveway Canopies Mayor to discuss
with staff 7
Mayor McCaughan proposed developing a master plan for
organizing the Civic Center 7
Cn. McCarthy mentioned the Chamber of Commerce Holiday
Lane Parade on December 6 7
Cn. McCarthy noted the program celebrating the reopening
of the new front desk at the Library 7
Cn. McCarthy noted the renovation at the Police Department 7
PAGE 2OF3
COUNCIL MINUTES, NOVEMBER 10, 1998
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Cn. Riley asked that discussion of police presence at Apollo
Center be placed on the next agenda 7
Cn. Riley mentioned attending a meeting at Apollo Park for
apartment owners on Elm Vista where a concern was noted
about street vendors in that area & in area of Gauldin School 7
Cn. Lawrence acknowledged the two new Council Members -
elect in the audience 7
Cn. Brazelton mentioned that today is the Marine Corps' 200
Birthday 8
Mr. Caton indicated the County will be issuing the building
permit for the Rio Hondo stretch of the flood control
project in January 8
Meeting adjourned to 6:30 p.m., November 24, 1998 8
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
NOVEMBER 10, 1998
The City Council of the City of Downey held a regular meeting at 7:40 p.m., November 10,
1998, in the Council Chamber of the Downey City Hall, Mayor Gary P. McCaughan, M.D. presiding.
PRESENT: Council Members:
Gary P. McCaughan, M.D. Mayor
Keith McCarthy Mayor ProTem
Robert S. Brazelton
Joyce L. Lawrence
Barbara J. Riley
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
Ron Irwin, Fire Chief
James Jarrett, Director of Community Services
Darrell George, Director of Community/Economic Development
Lowell Williams, Director of Finance
• Robert Brace, City Engineer
John Finch, Police Captain
Linda Haines, Building Official
Kevin O'Connor, Theatre Manager
Kathy Simmons, Integrated Waste Coordinator
Ron Yoshiki, Asst. Director of Community Dev. /City Planner
June Yotsuya, Assistant to the City Manager
Shirley Conte, Executive Secretary
PRESENTATIONS
Mayor McCaughan presented to Kathy Simmons, Integrated Waste Coordinator, Public Works
Department, a Proclamation declaring November 15, 1998, America Recycles Day.
Mayor McCaughan presented to Stan Stajduhar, Operations Manager of the Coca -Cola
Bottling Company in Downey, and Ann Macdonald, Environmental Affairs Manager of the Coca- Cola
Bottling Company in Oakland, a Plaque honoring Coca - Cola Bottling Company as the 1998
Recycler of the Year, for the demolition and recycling of materials from the building that formerly
stood on Lakewood Boulevard and for the ongoing recycling program at the Downey plant.
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Mayor McCaughan and Kathy Simmons, Integrated Waste Coordinator, presented
Certificates of Achievement to winning students of the Used Oil Recycling School Calendar
Contest: Johanna Paczynski, Miguel Bautista, Connie Christine Torres, Marten Rios, and Norma
Pena from Alameda School; Brianne Carrillo, Christy Colln, Irene Ramirez, and Patrick Hansen from
Carpenter School; Natalie Bertinelli, Michelle Bertinelli, Vivian Youssef, and Vanessa Chaves from
Unsworth School. Students also received a medallion, a $25 gift certificate to Toys R Us, and a gift
certificate to Frantone's Pizza. Gifts were donated by All American Home Center, Calsan, Inc. and
Frantone's Pizza: The Grand Prize Trophy winner, whose drawing will appear on the cover of the
calendar, was Johanna Paczynski.
HEARINGS
Mayor McCaughan opened the public hearing on APPEAL, GENERAL PLAN
AMENDMENT NO. 97-66, AMENDING THE GENERAL PLAN CATEGORY OF THE'
PARCEL AT THE TERMINUS OF BLUFF ROAD FROM "LOW DENSITY
RESIDENTIAL" TO "GENERAL MANUFACTURING" (APPELLANT: C. T. & F., INC.),
which was continued from the Council Meeting of October 27, 1998.
Mr. Caton advised that the appellant has requested the hearing be continued to
November 24, 1998, to which staff concurs.
It was moved by Council Member Brazelton, seconded by Council Member McCarthy, and
unanimously carried to continue the public hearing for General Plan Amendment No. 97 -66 to
7 :30 p.m., November 24, 1998, in the Council Chamber of Downey City Hall.
CONSENT CALENDAR - ITEMS FOR REMOVAL
Agenda items, VI -F -1, V -173 — VACATION OF RYERSON AVENUE AND NEO
STREET BETWEEN FIRESTONE BOULEVARD AND 179 FEET WEST OF THE
CENTERLINE OF HARO AVENUE, and VI - - PROPOSED STREET TREE ORDINANCE
AMENDING EXISTING DOWNEY MUNICIPAL CODE, PUBLIC WORKS SECTION, were
removed at the request of Council Member McCarthy.
CONSENT CALENDAR
It was moved by Council Member McCarthy, seconded by Council Member Brazelton, and
unanimously carried to approve the remainder of the Consent Calendar as recommended:
COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, OCTOBER 27,
1998: Approve.
CASH CONTRACT NO. S.S. 468 — MISCELLANEOUS CONCRETE
CONSTRUCTION AND REPAIR CONTRACT: Approve extra work and accept the
improvements and maintenance responsibility for the improvements: Approve.
WARRANTS ISSUED: NO. 148856 — 149257, $1,048,637.89; Approve.
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DOWNEY HOLIDAY LANE PARADE PERMIT: Approve the parade ermit application
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for the 1998 Chamber of Commerce Downey Holiday Lane Parade and expenditures in the
amount of $9,380.04 to be incurred by the City in support services: Approve.
PUBLIC HEARING TO CONSIDER APPLICATION FOR TAXICAB SERVICE IN
THE CITY OF DOWNEY (Applicant: San Gabriel Transit, dba Day and Nite Yellow
Cab): Set hearing for 7:30 p.m., November 24, 1998, in the Council Chamber of Downey
City Hall: Approve.
ORDINANCES: None
RESOLUTIONS: None
ADMINISTRATIVE REPORTS
PURCHASE OF NASA PROPERTY, PARCELS 3, 4, 5, AND 6
Mr. Vose explained he has reviewed the issue of Council Member Lawrence's participation in
this item because of a potential Conflict of Interest, advising she can participate and vote under two
exceptions to the Conflict of interest rules: One, her ro ert is outside the distance of 1,000 feet
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from the site; and, two, she falls within the Public General Exception to the Conflict of Interest.
Mr. Powell explained that staff is requesting the Council approve various documents, by
Ordinance and Resolution, relating to the purchase of property from the United States Government.
He narrated a visual program of the property, giving the location of each parcel, and explaining that
the City purchased the property to ground lease it or to provide it to commercial businesses to bring
new jobs into the City to replace the jobs lost due to the downsizing at Boeing. He reviewed the
provisions of special legislation adopted by Congress to govern this purchase, H.R. 3 666, noting the
following major points: The City will pay the current market value of the property ($20,145,000)
within twenty years; should the City sell the property during the next twenty years, the City will pay
the then market value at the time of sale; and a lease may be considered as a sale of ro ert
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determined by the General Services Administration (GSA). He also explained other documents related
to the purchase such as, the Pledge, Escrow and Trust Agreement, Right of First Refusal Agreement,
Assignment of Sale Proceeds, Quitclaim Deed, Agreement Concerning Payment of Sale Proceeds,
Promissory Note, Easement Agreement, and Purchase Agreement and Escrow Instructions. He
responded to comments from the Council regarding the method for funding the deposit on the
property and advised that he expects to close the deal in raid- January 1999.
Council Member Lawrence noted the Quitclaim Deed mentions the remediation of hazardous
substances and requested an explanation as to why certain uses are not being proposed for the
property.
Mr. Powell replied that the United States Government does warrant that all remedial action
necessary to protect the human health and environment with respect to hazardous materials activity on
this property have been taken, however, there are limitations and the government has indicated that the
older existing structures contain lead paint and asbestos. He noted, since the property has been used
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for industrial use for the last 50 years and because the environmental assessment cleared the ro e
p p rty
for continued industrial use, the government placed the limitation whereby the environmental clearance
is only good for these uses and is not good for residences, schools, parks, recreation, care of minors,
food warehousing, agriculture and nurseries. These uses would require an environmental clearance
from a relevant oversight agency, which would be at the City's expense. He mentioned the property is
presently zoned for manufacturing use.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF
DOCUMENTS BETWEEN THE CITY OF DOWNEY AND THE UNITED
STATES
The Ordinance was read by title only. It was moved by Council Member Riley, seconded by
Council Member Lawrence, and unanimously carried to waive further readin g and introduce.
RESOLUTION NO. 6209
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF '1'HL+'
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
The Resolution was read by title only. It was moved by Council Member Riley, seconded by
Council Member McCarthy, and unanimously carried to waive further reading and adopt.
FACILITY LEASE AGREEMENT WITH G. E. CAPITAL PUBLIC FINANCE AND
INSTALLATION REIMBURSEMENT FOR FURMAN PARK CHILD CARE
PROGRAM
Mr. Jarrett explained that the Master Lease Agreement with G. E. Capital Public Finance is for
the purpose of financing the acquisition of the portable building installed at Furman Park for the
childcare program. Staff is also requesting that the Council appropriate $54,835.69 from the General
Fund to reimburse the Downey Unified School District for the installation costs for the building. He
advised that the School District is involved in a master lease purchase agreement for this type of
building with the State of California and allowed the City to piggyback on this lease purchase program.
The School District arranged for installing the building at Furman Park, which involved placing the
footings for the site, framing, electrical work, alarm system, carpeting, fencing and g
avin work. The
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lease purchase agreement is a five year agreement and at the end of this period the City will own the
building. The monthly payment is $1,354, with, funds derived from childcare registration fees. The
program is expected to accrue approximately$22,000 per year during this five year period and will
accrue approximately $40,000 after the building is paid for.
Council Member Lawrence pointed out that the letter from the School District mentioned that
administrative and clerical costs of $8,705.13 are being absorbed by the District and stated the City
appreciates this.
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Council Member McCarthy complimented the facility and the head of the program, both at
Imperial School and Furman Park, Ms. Louann Barden.
Mayor McCaughan expressed pleasure that the program was both successful and accruing
funds and hoped these results would encourage the City to talk to the School District about future
sites.
RESOLUTION NO. 6210
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
RELATING TO A MASTER AGREEMENT WITH G. E. CAPITAL PUBLIC
FINANCE, INC. FOR THE PURPOSE OF FINANCING THE ACQUISITION OF
ONE (1) PORTABLE BUILDING (FURMAN PARK)
The Resolution was read by title only. It was moved by Council Member Riley, seconded by
Council Member Lawrence, and unanimously carried to waive further reading and adopt.
It was moved by Council Member Lawrence, seconded by Council Member Riley, and
unanimously carried to appropriate from the City's General Fund $54,835.69 to reimburse the
Downey Unified School District for installation costs (Furman Park).
ORAL COMMUNICATIONS
Roger Lawrence, 9627 Cheddar Street, mentioned Saturday, November 14 is Youth Fishing
Day at Wilderness Park, advising the lake will be stocked with between 600 -800 pounds of trout and
cat fish and invited the Council and residents to participate. He noted that 300 -500 kids are expected
to attend and that Speedy McDonald's is donating 500 hamburgers for the event.
OTHER BUSINESS - Consent Calendar - Items removed by Council Approval
RESOLUTION NO. 6211
A RESOLUTION OF ' THE CITY COUNCIL OF THE CITY OF DOWNEY
DECLARING ITS INTENTION TO VACATE RYERSON AVENUE AND NEO
STREET BETWEEN FIRESTONE BOULEVARD AND 179 FEET WEST OF THE
CENTERLINE OF HARO AVENUE
Council Member McCarthy advised he would hold his questions until the public hearing
scheduled for December 8, 1998.
The Resolution was read by title only:' : It was moved by Council Member McCarthy, seconded
by Council Member Brazelton, and unanimously carried to waive further reading and adopt and set
the public hearing for 7 :30 p.m., December 8, 1998, in the Council Chamber of Downey City
Hall.
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PROPOSED STREET TREE ORDINANCE AMENDING EXISTING DOWNEY
MUNICIPAL CODE, PUBLIC WORKS SECTIONS
Council Member McCarthy noted he was not in attendance at the first reading of this
Ordinance and had a few questions. He referred to Section 7604, Street Tree Maintenance, asking
what the consequence would be to property owners if the trees were not maintained as noted and was
informed this was a reminder of the owner's responsibility for the maintenance of the street trees and
that vines tend to choke the trees. If the tree were to die, the Ordinance includes the provision for the
replacement cost of the tree to go back to the property owner.
Council Member McCarthy referred to Section 7606, stating it prevents the property owner
from pruning, spraying, removing, etc., or interfering with the street tree crew and asked what the
consequences would be. He was informed the intent is to avoid or prevent trimming of the trees in
such a way that would cause real damage, noting improper tree trimming can damage a tree
significantly.
Council Member McCarthy suggested this section include the wording "improper pruning" and
was advised by staff that the Ordinance includes a provision for obtaining a City permit.
Council Member McCarthy referred to Section 7608, Damaging City Trees, stating this gives
the City the right of enforcement but the City would not necessarily go after every sign posted, to
which staff concurred.
Council Member Lawrence noted that nailing signs on the trees does damage the tree and
hoped that Section 7608 would be enforced, especially on the City's historic trees.
ORDINANCE NO. 1059
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING ARTICLE 7, CHAPTER 6, OF THE DOWNEY MUNICIPAL CODE
r--� BY ADDING CHAPTER 6, SECTIONS 7600 THROUGH 7611, PERTAINING TO
THE MANAGEMENT OF PARKWAY STREET TREES
The Ordinance was read by title only. It was moved by Council Member Riley, seconded by
Council Member Lawrence, and unanimously carried to waive further reading and adopt.
OTHER BUSINESS - Council Members
Mayor McCaughan advised he had three topics he wished to discuss and then to have further
discussions with the Police and Code Enforcement Departments:
Mayor McCaughan stated his concern that the number of yard sales has dramatically
increased, the number of people coming through neighborhoods has increased, and there seems to be
a large number of yard sales on major streets, which impact traffic. He mentioned the size of yard
sales, noting the Ordinance restricts the sale area to the driveway, and this is not being enforced.'
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Mayor McCaughan stated, since the weight restriction was o changed two years a there has
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been an increased number of commercial vehicles in residential areas, which obstructs the view of
residents, noting that weight, size and safety factors are all issues of concern. He mentioned receiving
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complaints that people bring these vehicles home at night and operate businesses from their garage,
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stating Code Enforcement does not work evenings and this is not being enforced.
Council Member Lawrence noted she has not received any complaints but would be interested
in hearing from anyone who does have a complaint.
Mayor McCaughan offered to provide copies of the complaints he has received along with
pictures.
Council Member McCarthy requested that staff flag the appropriate code sections for
Council's review and suggested some of these cases may be parking violations.
Mayor McCaughan advised he has received five complaints regarding Driveway Canopies,
noting some of the canopies are being secured by bolts to the point where they might require a permit.
He said a building permit is not required for canopies but they do alter the front yard setback and feels
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this needs to be addressed. The canopies ies are highly flammable and pose a dan to neighboring
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structures.
Mayor McCaughan proposed developing a master plan for organizing the Civic Center,
including the Library, Theatre, Hotel, parking lot area, and City Hall to congeal these entities into a
common area and parking structure and requested staff look into possibilities to tie this into the
Downtown project, making it pedestrian friendly and connected.
Council Member McCarthy mentioned the Chamber of Commerce Holiday Lane Parade on
December 6 and complimented the Chamber's contribution to the City.
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Council Member McCarthy noted the program celebrating the reopening of the new front
desk at the Library and expressed appreciation for the role the Library plays in the community.
Council Member McCarthy noted the renovation at the Police Department is nearing
completion.
Council Member Riley asked that discussion of police presence at the Apollo Center be
placed on the agenda for the November 24, 1998, meeting.
Council Member Riley mentioned attending a meeting at Apollo Park for apartment owners on
Elm Vista where a concern was noted about street vendors in that area. She noted that she has
noticed numerous vendors in the area aroi nd Gauldin School, when school is out, and asked staff
to review this situation.
Council Member Lawrence acknowledged the two Council Members - elect in the audience,
Meredith Perkins from District Two and Bob Winningham from District Four, noting they are both
commissioners for District 5, which will create vacancies once they are seated on the Council.
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Council Member Brazelton mentioned that today is the 2 00 th birthday of the Marine Corps.
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OTHER BUSINESS - Staff Members
Mr. Caton indicated in January, the County of Los Angeles will be issuing a building permit for
the Rio Hondo stretch of the flood control project, which hopefully will be completed next
September and then the cities of Downey and Pico Rivera can be taken out of the flood zone.
The meeting was recessed at 9:03 p.m. and reconvened at 9:45 p.m. with all Council
Members/Commissioners present.
ADJOURNMENT: 9:45 p.m.
The meeting was adjourned to 6:30 p. m., November 24, 1998, in the Council Chamber of
owney City Hall.
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Ju • ith E. McDonnell, City Clerk Gary P. cCaugh ill a •
CCLERK/SCONTE/MINUTES /CCMN 1110
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