HomeMy WebLinkAboutMinutes-11-24-98-Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
NOVEMBER 24, 1998
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Appeal, General Plan Amendment No. 97 -66 and Zone
Change No. 97 -67 for property located west of the Rio Hondo
River Channel adjacent to the City's western boundary, south Contd. to
of Foster - Bridge Rd. to the terminus of Bluff Rd. 7:30 p.m., 1/12/99 3
Application by San Gabriel Transit, dba Day & Nite Yellow Contd. to
Cab for permit to conduct a taxicab service in the City 7:30 p. m., 1/12/99 4
Diane Boggs complimented Council Members Riley
Brazelton for their service to the community 4
Lennie Whittington thanked Council Members Riley &
Brazelton for their years of service and dedication to the
community & also thanked other Council Members 4
Removal of Items from Consent Calendar 4
Council Minutes: Adjourned & Regular Meetings, 11/24/98 Approved 5
Cash Contract #600 — Water Transmission Mains: Accept
improvements completed on Paramount Bl., Telegraph Rd.,
& Lakewood Bl. Approved 5
Warrants Issued: 149258 — 149636, $1,386,070.04 Approved 5
Appointment of Council Member Joyce Lawrence as Alternate
Director to L. A. County Sanitation Districts 2 & 18, effective
12/1/98 Approved 5
Contract with Lewis Partners Inc. for Phase II of Consulting
Service and appropriation from General Fund Approved 5
Retain Consultant to redesign City's website & provide GIS
services: Authorize City Mgr. to execute contract with
Paired Up Technologies & appropriate $4,975 for this purpose Approved 5
Appropriation Adjustments — Encumbrances FY 1997 -98 Approved 5
Adjustments pp
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COUNCIL MINUTES, NOVEMBER 24, 1998
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Amendments to Planning Commission By -laws Approved 5
Res. #6212, approving final subdivision map of Parcel Map
#25086 (7300 Flores St.) Adopted 5
Res. #6213, adopting a new class specification & establishing
a salary range for Special Projects Coordinator Adopted 5
Ord. #1060, approving the form & authorizing the execution
of documents between the City & U.S. Government (NASA
property) Adopted 6
Ord. approving the form & authorizing the execution of a
Ground Lease between the City & Tooley Development Co. Introduced 7
Independence Park Tennis — Professional Management
Agreement with Russell D. Miller Approved 8
Police Presence at Apollo Center Discussed 8
Cn. Riley extended appreciation to Roger Lawrence for his
involvement in Youth Fishing Day event 8
Cn. Brazelton urged staff to review preparations for the
year 2000 8
Cn. McCarthy mentioned a letter from the Downey Unified
School District complimenting Chief Caldwell & Officers
for policing programs at Warren & Downey High Schools 8
Cn. McCarthy noted attending City of Pico Rivera's 40
Anniversary of Incorporation 8
Cn. McCarthy complimented Community Services, Fire,
Police & U.S. Dept. of Fish & Game for Youth Fishing
Day event at Wilderness Park 8
Mayor McCaughan commended presence of Police Officers
at Apollo Park & noted positive feedback from citizens 8
Mayor McCaughan complimented Youth Fishing Day event 8
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, COUNCIL MINUTES, NOVEMBER 24, 1998
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Mayor McCaughan read letters received from District Attorney
& State Auditor re Downey Community Hospital 9
Mayor McCaughan mentioned the passing of Downey
resident Sue Robin, who was well known in the School District
where * she worked & was active in community, Little
League and her church 9
Mr. Caton mentioned his wife & son attended Youth Fishing
Da y : event 9
Mr. Caton recalled years working with Council Members Riley
& Brazelton and the many accomplishments achieved & initiated
durin g their tenure on the Council 9
Adjourned in memory of Richard Jennings, former Mayor &
Council Member & longtime Downey resident 9
Meeting adjourned to 7:00 p.m., December 1, 1998 9
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
NOVEMBER 24, 1998
The City Council of the City of Downey held a regular meeting at 7:33 p.m., November 24,
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
Barbara J. Riley
ABSENT: Joyce L. Lawrence (excused)
ALSO PRESENT: Gerald M. Caton, City Manager
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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
Darrell George, Director of Community/Economic Development
Lowell Williams, Director of Finance
Robert Brace, City Engineer
Ron Yoshiki, Asst. Director of Community Dev. /City Planner
June Yotsuya, Assistant to the City Manager
Shirley Conte, Executive Secretary
PRESENTATIONS: None
HEARINGS
Mayor McCaughan opened the public hearing on APPEAL, GENERAL PLAN
AMENDMENT NO. 97-66 AND ZONE CHANGE NO. 97-67 FOR PROPERTY LOCATED
WEST OF THE RIO HONDO RIVER CHANNEL ADJACENT TO THE CITY'S WESTERN
BOUNDARY, SOUTH OF FOSTER -BRIDGE ROAD TO THE TERMINUS OF BLUFF
ROAD, (Appellant: C.T. & F. Inc.), which was continued from the Council Meeting of November
10, 1998.
Mr. Yoshiki explained this item covers two applications: rezoning certain property and a
general plan amendment from low density residential R -1 to a light industrial manufacturing type
classification. He noted this item has been continued for a number of meetings since August 11, ,1998.
He narrated a visual program of the property and mentioned that staff and the appellant have been
trying to resolve infrastructure deficiencies relating to water, sewer, and access rights to the property.
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The main concern is the consideration of using a right -of -way owned by the Southern California Gas
Company, which would be the principle access to the property, and incorporates an elevated gas line.
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Staff has requested information as to how access to the property is in relation to the location of the gas
line. Staff also had concerns that the applicant has not been able to secure permission from the Gas
Company to run a sewer system etc. on their right -of -way. A third concern is a letter of credit
consideration. There is a provision in the letter of credit that indicates the City cannot use the letter of
credit to insure the infrastructure until after the year 2000. Staff is concerned that if improvements are
ready to go, the City wants to be sure the infrastructures are in place before allowing the property to be
used for industrial p � u oses. These are the reasons that staff is recommending denial without prejudice,
which means the applicant can refile when they have remedied these concerns.
There was no correspondence received regarding this matter.
Mayor McCaughan asked if the applicant or his representative wished to speak regarding the
appeal of General Plan Amendment No. 97 -66.
Mr. Godoy, Project Manager with C.T. & F. Inc., stated they have been working with staff for
over a year trying to get this property rezoned and the general plan amended. He noted C.T. & F.,
Inc.'s p osition is that the easement is on the right side of the pipeline, also indicating there are
approximately five easements in that area dealing with the Gas Company and those that previous
property owners retained when they sold the property. They have spoken to the Gas Company many
times and hope to have this resolved soon. He has been by his bank that the letter of credit can easily
be amended to resolve the language e roblem. He felt they were very close to receiving an answer from
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the Gas Company.
After discussion by the Council on the request for a new survey, on the language in the letter of
credit and the fee involved for the applicant to bring this matter back, Mr. Vose advised that other
options are to deny, without prejudice, and continue to a date certain or to table the matter until the
applicant has presented the rest of the material, at which time the hearing would have to be rescheduled
and a new notice would have to go out.
There being no one else to speak regarding the Appeal, it was moved by Council Member Riley,
seconded by Council Member Brazelton, and so ordered to close the hearing.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DENYING THE APPEAL AND DENYING WITHOUT PREJUDICE,
GENERAL PLAN AMENDMENT NO. 97-66, AN AMENDMENT TO THE
CITY'S GENERAL PLAN LAND USE DIAGRAM FROM "LOW DENSITY
RESIDENTIAL" TO "GENERAL MANUFACTURING" FOR PROPERTY
LOCATED WEST OF THE RIO HONDO RIVER CHANNEL, ADJACENT
TO THE CITY'S WESTERN BOUNDARY, SOUTH OF FOSTER -BRIDGE
ROAD TO THE TERMINUS OF BLUFF ROAD
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The Resolution was read by title only. It was moved by Council Member econded b
Y Riley, Y by
Mayor McCaughan, and failed by the following vote to waive further reading and adopt.
AYES 2 Council Members: Riley and McCaughan
NOES 2 Council Members: Brazelton and McCarthy
ABSENT /2 Council Members: Lawrence
Prior to the vote, Council Member McCarthy stated he would prefer to refer this item to staff
for further discussion with the applicant and resolution within 60 days.
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It was moved by Council Member McCarthy, seconded by Council Member Brazelton, and
failed by the following vote to refer the issue to stag for further discussion with the applicant,
setting the target date to have it resolved within 60 days.
AYES 2 Council Members: Brazelton and McCarthy
NOES 2 Council Members: Riley and McCaughan
ABSENT 1 Council Members: Lawrence
Mr. Vose explained the other option is to continue this item until such time as the fifth Council
Member is present, which would bring it back before the new Council. He suggested continuing until
the first meeting in January.
It was moved by Council Member Brazelton, seconded by Mayor McCaughan, and unanimously
carried (4 - to reopen the hearing and continue the Appeal of General Plan Amendment No. 97-
66 until 7:30 p.m., January 12, 1999.
Mayor McCaughan opened the public hearing on APPLICATION BY SAN GABRIEL TRANSIT,
DBA DAY AND NITE YELLOW CAB FOR PERMIT TO CONDUCT TAXICAB SERVICE IN
THE CITY OF DOWNEY.
Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council Member
Riley, seconded by Council Member McCarthy, and so ordered to receive and file.
Ms. Yotsuya explained the Downey Municipal Code requires that the Council determine,
through a public hearing, whether a permit shall be granted to a taxicab service to operate in the City.
The Police Department was made aware that San Gabriel Transit, doing business as Day and Nite
Yellow Cab, had been operating in the City without a police permit. The company was notified and
given the opportunity to rectify the problem by submitting an application with required documents
necessary to conduct an investigation. As of November 18 the City was only in receipt of a certificate
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of insurance and that other required documents had not been received. The business was contacted a
number of times and information was finally submitted on November 20 She noted Day and Nite
Yellow Cab was cited for conducting taxicab service without a police permit, and since that time, four
drivers have applied for permits, which are pending until final resolution of the company's application.
The Code requires an investigation of the owner and each driver; however, the police department was
unable to conduct a thorough investigation due to inadequate information submitted. Therefore, ,staff is
recommending that this application be denied.
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Mayor McCaughan asked if the representative of San Gabriel Transit wished to speak regarding
the Application for Taxicab Service in the City.
Duke Perrin, President of San Gabriel Transit, stated he has been in business in Downey for 18
years and this is the first time they have ever received a staff denial. He mentioned laws concerning
taxicabs have always been on the books but have not been enforced. He reviewed how the taxi cab
business has changed over the past 18 years, including illegal taxi services that operate without permits.
He then apologized for not producing the required documents in a timely manner, noting his company
is the second largest cab company in the state and participates in the access service for the disabled,
whereby drivers are trained each year and must meet difficult requirements. He favored regulation,
noting he was one of the initiators to have legislation requiring drug testing for cab drivers and he urged
the Council to reconsider his application. Mr. Perrin then responded to questions from the Council.
Chief Caldwell indicated his main concern with this company is their untimely response to the
request for documents. The investigation could be conducted, with paperwork now received, and then
be brought back to Council within the next two meetings. In the meantime, the taxi service could
continue to operate in the City.
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Mr. Perrin stated he would personally work with Ms Yotsuya to conclude this matter.
It was moved by Council Member Riley, seconded by Council Member Brazelton, and
unanimously carried (4 - to continue the hearing to 7:30 p.m., January 12, 1999, in the Council
Chamber of Downey City Hall.
ORAL COMMUNICATIONS
Diane Boggs, 10568 Chaney Avenue, addressed Council Members Riley and Brazelton, who
will be leaving office next week, and complimented them on behalf of the private citizens for their
service to the community.
Lennie Whittington, 8542 Manatee Street, thanked Council Members Riley and Brazelton
for their years of service and dedication to the community. He also thanked the rest of the Council
for their service.
CONSENT CALENDAR - ITEMS FOR REMOVAL
Agenda Item VI - - , INDEPENDENCE PARK TENNIS — PROFESSIONAL
MANAGEMENT AGREEMENT WITH RUSSELL D. MILLER d.b.a. RUSTY MILLER
TENNIS ACADEMY, was removed at the request of Council Members Brazelton and Riley.
Mr. Caton noted a correction to Item VI -C -1, CASH CONTRACT NO. 600 — WATER
TRANSMISSION MAINS, stating the final construction cost was $1,171,724.50 and not $1,249,171
as listed on the staff report.
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CONSENT CALENDAR 0
It was moved by Council Member Brazelton, seconded by Council Member Riley, and
unanimously carried (4 - to waive further reading of the Resolutions and Ordinance and approve
the remainder of the Consent Calendar as recommended:
COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, NOVEMBER 10,
1998: Approve.
CASH CONTRACT NO. 600 -- WATER TRANSMISSION MAINS: Accept the
improvements completed for the construction of 20 ", 16" and 12" water transmission mains in
Paramount Boulevard, Telegraph Road and Lakewood Boulevard: Approve.
WARRANTS ISSUED: NO. 149258 — 149636, $1,386,070.04: Approve.
APPOINTMENT OF COUNCIL MEMBER JOYCE L. LAWRENCE AS ALTERNATE
DIRECTOR TO THE LOS ANGELES COUNTY SANITATION DISTRICTS 2 AND 18,
EFFECTIVE DECEMBER 1, 1998: Approve.
CONTRACT WITH LEWIS PARTNERS INC. FOR PHASE TWO OF CONSULTING
SERVICE: Authorize the City Attorney to re are a contract and authorize the Mayor to
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execute said contract based upon Phase II of the proposal from Lewis Partners, Inc. The City
Council further authorize the appropriation of $18,000 from the General Fund: Approve.
RETAIN CONSULTANT TO REDESIGN CITY'S WEBSITE AND PROVIDE GIS
SERVICES: Authorize the City Manager to execute a p rofessional services contract with
Paired Up Technologies, to redesign and develop the City's website and to appropriate
$4,975.00 for this purpose: Approve.
APPROPRIATION ADJUSTMENTS — ENCUMBRANCES FISCAL YEAR 1997 - 98:
Approve the carry - forward budget items and the Appropriation Adjustments: Approve.
AMENDMENTS TO PLANNING COMMISSION BY -LAWS: Approve.
RESOLUTION NO. 6212 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF 'i'HE CITY OF DOWNEY
APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 25086
(7300 FLORES STREET), APPROVING AN AGREEMENT WITH THE
SUBDIVIDER AND ACCEPTING AN rRREVOCABLE STANDBY LETTER OF
CREDIT (NO. 54359) AS SURETY
RESOLUTION NO. 6213 (ADOPT) .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING A NEW CLAS SPECIFICATION AND ESTABLISHING A
SALARY RANGE FOR SPECIAL PROJECTS COORDINATOR
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ORDINANCE NO. 1060 (ADOPT)
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
ORDINANCES: None
RESOLUTIONS: None
ADMINISTRATIVE REPORTS
GROUND LEASE WITH TOOLEY DEVELOPMENT COMPANY
Mr. Powell narrated a slide presentation to explain the lengthy ground lease document (150
pages). He noted the Council approved the final purchase agreement to acquire the property, with the
goal of job creation in the City. He presented a map of the Boeing property, which is divided into six
parcels of which the City purchased Parcels 3, 4, 5 and 6. The ground lease relates to Parcels 5 and 6
and will govern the relationship between the City and Tooley Development Company as landlord: and
tenant respectively and will not be executed until the Master Agreement has been approved. He
reviewed the Master Agreement, noting certain requirements must be followed within a certain
timeframe before the execution of the Ground Lease. He also reviewed the economic terms, explaining
three types of rent to be paid by Tooley; basic ground rent, participation rent, and sale participation
rent, and also reviewed the non - economic terms of the Ground Lease, such as indemnifying the City
from environmental problems, maintaining insurance for liability and rental interruption and maintaining
the property in a "first class" condition. He also noted the restrictions on the types of businesses that
may operate on the property.
Jim Williams of Tooley Development Company expressed his appreciation for the opportunity
to be the City's partner in this project. Tooley has extensive experience in this type of project, and they
have retained, on a management basis, Trammel Crow Company, the largest industrial developer and
manager in the United States to assist in the process.
Mr. William Tooley assured the Council of their interest and dedication in this process,
emphasizing the heaviest efforts will come in the .first three years. He responded to questions from the
Council.
Council Member McCarthy mentioned Boeing's announcement that they will be leaving this
area in late 1999 will have an effect on the development of the property and said a report is forthcoming
from the contract consultants, Sedway Group, on its best use. The City will also be seating two new
Council Members next week and he suggested postponing consideration on this matter to a future
meeting.
Council Members Riley and Brazelton favored moving forward with approval tonight. ,
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Mayor McCaughan asked when the report from the Sedway Group will be brought ght to Council
and was informed the first draft will be brought to the Council on December 8 with the final report
anticipated the second meeting in January 1999. He noted Sedway is looking at the whole property, if
the City obtains complete ownership, and said he would be more concerned at the second reading.
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Council Member Brazelton suggested asking Sedway to give priority to this matter.
Council Member McCarthy stated the Ground Lease is a 55 year commitment and felt this
should be taken into consideration.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF A
GROUND LEASE BETWEEN THE CITY OF DOWNEY AND TOOLEY
DEVELOPMENT COMPANY
The Ordinance was read by title only. It was moved by Council Member Riley, seconded b
Y by
Council Member Brazelton, and unanimously carried (4 -0) to introduce.
It was moved by Council Member Riley, seconded by Council Member Braze lton, Y Y on, and
unanimously carried (4 -0) to waive further reading.
OTHER BUSINESS - Consent Calendar - Items removed by Council Approval
INDEPENDENCE PARK TENNIS -- PROFESSIONAL MANAGEMENT
AGREEMENT WITH RUSSELL D. MILLER d.b.a. RUSTY MILLER TENNIS
ACADEMY
Council Member Brazelton stated the Council did not see the proposals from the three other
bidders for this agreement and asked if they were not as satisfactory as Rusty Miller.
Mr. Jarrett replied an interview panel interviewed the various bidders and evaluated them on
experience, technical knowledge and skills, operational capabilities, interpersonal skills and
communication and Mr. Miller's rating was higher in each category than the other bidders.
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Council Member Brazelton asked if the Downey Tennis Club was made aware of the proposals
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or interviews and was nformed that this was handled by Bonnie Kehoe of the Recreation and
Community Services Department. Mr. Jarrett advised that Mr. Miller was present and could ossibl Y
respond.
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Council Member Brazelton noted he has received ongoing complaints about the cleanliness of
the courts, and he felt the courts needed to be recoated.
Mr. Jarrett mentioned funds are in the budget for some renovations at the courts, which will be
done during the next few months. He commented on the method for keeping the courts clean from
leaves which fall of trees near the courts.
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It was moved by Council Member Brazelton, seconded by Council Member McCarthy, and
unanimously carried (4 - to approve an agreement with Russell D. Miller for operation of
Independence Park Tennis Center according to the terms and conditions of the proposed
agreement.
OTHER BUSINESS - Council Members
POLICE PRESENCE AT APOLLO CENTER
Chief Caldwell was asked by Council Member Riley to explain how police presence is being
handled at Apollo Park. He then discussed the Adopt -A -Park Program that was initiated by Captain
Finch, whereby several police officers interested in participating in this program would work with
recreation staff in the three identified parks. He gave examples of officer presence at the Youth Fishing
Day Event at Wilderness Park and at DJAA sports activities on Saturdays at Apollo Park. If Recreation
staff address a need at a park, officers will respond accordingly. He noted, if the program continues to
be a success, it will be expanded to every park in the community.
Council Member Riley asked if plans have been made for the officers to occupy the room at
Apollo Park at specific times and was informed that no specific times have been set but officers on day
watch have been encouraged to stop by for dinner breaks and report writing etc: He noted the key
control issue has been resolved and every officer has a key. She also suggested that officers check the
restrooms occasionally when walking through in view of the recent crime at a public restroom.
Council Member Riley extended her appreciation to Roger Lawrence for his involvement in
coordinating the Youth Fishing Day event.
Council Member Brazelton urged staff to look into preparations for the year 2000 and
mentioned areas that might be affected by this event.
Council Member McCarthy mentioned a letter received from the Superintendent of the Downey
Unified School District complimenting the Chief Caldwell and Officers for the community policing
programs at Warren and Downey High Schools.
Council Member McCarthy mentioned attending the City of Pico Rivera's celebration of its
40 Year of incorporation.
Council Member McCarthy complimented Community Services, Fire, Police, and the United
States Fish and Game Departments for the Youth Fishing Day event held at Wilderness Park and
hoped this would become an annual event.
Mayor McCaughan commended the presence of officers at Apollo Park and noted receiving
positive public feedback. He encouraged the Police Department to continue to experiment with ways to
use this inovative program..
Mayor McCaughan complimented the Youth Fishing Day event, stating it not only teaches
fishing but teaches patience. He hoped this would be continued.
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Mayor McCaughan read letters received
yesterday from the District Attorney's Office and
the California State Auditor's Office responding to the City's request '
p g y quest for an investigation of the
Downey Community Hospital.
Mayor McCaughan mentioned that Downey resident
y Sue Robin passed away recently from
cancer. She was well known in the Downey Unified School District where she worked r
o ked and was very
active in the community, Little League and in her church.
OTHER BUSINESS - Staff Members
Mr. Caton noted his wife and six ear old son participated Y p pated in the Youth Fishing Day event and
had a wonderful time.
Mr. Caton recalled the years he has worked with Council Members Riley and Brazelton,
azelton,
noting this was a period of great challenge to the City, with the greatest recession since
y g the Great
Depression. He stated the City has managed to bounce back through the leadership of the i
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mentioned some of the accomplishments achieved during their tenure. He noted Downe y is now the
center of many surrounding cities who look to Downey for leadership, referring to the LACDA Alliance
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and Gateway Cities Council of Governments as examples.
ADJOURNMENT: 9 3 5 gin.
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The meeting was adjourned in memory of Richard Jennings, former Mayor '
i•Y g , ayor and Council
Member and longtime Downey resident, to 7:00 p.m., December 1, 1998, in the Council Chamber of
Downey City Hall, 11111 Brookshire Avenue, Downey, for the Council Reorganization.
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J 1 dith E. McDonnell, City Clerk dlry p , Y cCaughan, a
H:ICCLERK\SCONTEIMINUTESIccmn 1 124
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