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HomeMy WebLinkAboutMinutes-09-28-93-Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 28, 1993 T A B L E O F MINUTE ACTIONS SUBJECT ACTION PAGE NO. Proclamation p 1 tion re "Help Retarded Children Days" 1 ion re "Rideshare Day" " & "Rideshare Week" 1 Y Award of Merit Plaque presented to City by Automobile Club of So. Cal. re Pedestrian Protection Program 1 Presentation of $500 check to City from FHP Health Services re Grandparents & Books Program 1 Council Minutes : Adj. & Regular Mtgs., 9/14/93 Approved 2 Warrants Issued: #69325 -69647 Approved 2 Request for job position upgrade in Fire Dept. - Admin. Clerk II to Secretary Approved 2 City budget adjustments for FY 1993 -94: P.O. #75964 re miscellaneous Police Dept. items Approved 2 Res. #5718 establishing salary adjustments for Fire Chief, Fire Battalion Chief & Fire Marshal Adopted 2 Res. #5719 appvg. v . Parcel Map #23494 (7955 Firestone Blvd.) ; appvg. agreement with subdivider & acceptance of cash deposit in lieu of surety bonds Adopted 2 Res. #57 20 declaring intent to vacate irrevocable offer of dedication westerly from Rives Ave. at Adopted; hearing Brookpark Rd. set 10/26/93 2 Code re shopping n 0 rd , amending Downey Municipal p p 9 cart regulations Cont. to 10/12/93 3 Res. #5721 opposing use of graffiti in media pp 9 promotions, advertising, entertainment & news articles Adopted 3 Res. #5722 adopting Mortgage Credit Certificate Program; authorizing application to Calif. Debt Limit Allocation Committee for issuance of Mortgage Credit Certificates & transfer of such allocation to Los Angeles County Adopted 4 Vehicle Towing and Service Agreements with United Towing Service, Inc. & Doug's Tug for 3 year period, ending 6/30/96: Authorize Mayor to sign Approved 4 Pagel oft Ii COUNCIL MINUTES, SEPTEMBER 28, 1993 TABLE OF MINUTE ACTIONS (CONTINuED) SUBJECT ACTION PAGE NO. Contract with Residential Trash Rate Expert: Authorize City Manager to execute Agreement with Hilton, Farnkopf & Hobson of Newport Beach to recommend new trash rate for residential trash, recycling & green waste collection Approved 5 La re ne Barnes re noise & harra ssme nt caused by practicing Pop Warner Cheerleaders at Rio San Gabriel Park Referred to staff 6 Ronald Ek tar is n re newspaper articles citing mtgs. between City Mgr. & commercial trash haulers & granting exclusive franchise; compared residential trash rates of neighboring cities 6 Lennie Whittington re right to voice criticism on any issue 6 Cn . Lawrence re right to opinion as Council Member 6 Cn. Boggs reiterated request to have Council review obsolete Ordinances for necessary action 6 Cn. McCaughan re addressing scavenger problem as City implents mandatory recycling program 6 Cn. McCaughan reiterated need for Ordinance similar to City of Artesia Ordinance re parking in front yard setback 6 Cn. McCaughan requested report on Police Dept.'s position re dress code in Downey schools 6 Cn. McCaughan re participating in Police Dept. group picture & expressed pride in personnel diversity 6 Recess to Closed Session 6 Meeting adjourned to 4:00 p.m., October 12, 1993 for City residential tour 7 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOW N EY SEPTEMBER 28, 1993 The City Council of the City of Downey held a regular meeting at 7:35 p.m., September 28, 1993, in the Council Chamber of the Downey City Hall, Mayor Robert S. Braze lton presiding. PRESENT: Council Members: Robert S. Braze lton Mayor Barbara J. Ri ley Mayor Pro -Tem Gary P. McCaughan, M.D. Joyce L. Lawrence Diane P. Boggs ALSO PRESENT: Gerald M. Caton, City Manager Peter M. Thorson, City Attorney Judith E. McDonnell, City Clerk Gregory Caldwell, Police Chief Ron Irwin, Fire Chief Jim Jarrett, Director of Community Services Art Rangel, Director of Econ. & Community Development Richard Redmayne, Director of Public Works June Yo t s uya , Assistant to the City Manager Chris Birch, Director of Personnel Ron Yo s h i k i , Asst . Comm. Dev. . Director /City Planner Robert Brace, City Engineer Victoria Jenkins, City Librarian Al Kempik, Data Processing Manager Ed Velasco, Housing Manager Kathy Simmons, Administrative Assistant Cindi Lee, Executive Secretary PRESENTATIONS Mayor Brazelton read a Proclamation declaring October 15, 16, and 17, 1993 as "Help Retarded Children Days." Mayor Brazelton read a Proclamation declaring October 4 -8, 1993 as "Rideshare Week" and October 7, 1993 as "Rideshare Day." Mr. John Javage, representing Automobile Club of Southern California, presented to Mayor Brazelton an Award of Merit Plaque in recognition of the City 's Pedestrian Protection Program. Mayor Brazelton accepted a $500 check on behalf of the City from a representative of FHP Health Services for the Grandparents and Books Program. HEARINGS: None. CONSENT CALENDAR - ITEMS FOR REMOVAL: None. Council Minutes 9/28/93 -1- CONSENT CALENDAR It was moved by Council Member Riley, seconded by Council Member Boggs, and unanimously carried to wa ive further reading of the Resolutions and approve the Consent Calendar as recommended: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS - SEPTEMBER 14, 1993: Approve. 'WARRANTS ISSUED: NO. 69325 - 69647, $912,118.55: Approve. REQUEST FOR JOB POSITION UPGRADE - FIRE DEPARTMENT: ADMINISTRATIVE CLERK II TO SECRETARY: Approve. CITY BUDGET ADJUSTMENTS FOR FISCAL YEAR 1993-94 - Items carried forward from Council Meeting of September 14, 1993 - Purchase Order No. 75964 in the amount of $349.11: Approve. RESOLUTION NO. 5718 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOW N EY ESTABLISHING SALARY ADJUSTMENTS FOR FIRE CHIEF, FIRE BATTALION CHIEF AND FIRE MARSHAL RESOLUTION NO. 5719 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOW N EY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 23494 (7955 FIRESTONE BOULEVARD AT PARM OU NT BOULEVARD) , APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTANCE OF A CASH DEPOSIT IN LIEU OF SURETY BONDS R ESO LU TI O N NO. 5720 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOW N EY DECLARING ITS INTENTION TO VACATE AN IRREVOCABLE O FF ER OF DEDICATION (FUTURE STREET) WESTERLY FROM RIVES AVENUE AT BROOK PARK ROAD (SETS HEARING 10/26/93) ORDINANCES NOT SET FORTH ABOVE: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 4133.2 TO CHAPTER 1 OF ARTICLE IV OF THE DOWNEY MUNICIPAL CODE RELATING TO THE REGULATION OF SHOPPING CARTS Ms. Yotsuya summarized the staff report, noting the proposed Ordinance would require businesses who use shopping carts to furnish proof of contracting with a cart retrieval service before a business license is issued or renewed. Staff has worked with the California Grocers Association Council Minutes 9/28/93 -2- - 0 regarding this problem, which provides a toll free phone number to call for reporting abandoned carts. Correspondence has been received from the Association, and a representative is present in the audience to address the issue. Ms. Beth Beeman, California Grocers Association, Long Beach, expressed opposition to the proposed Ordinance as being a restrictive obstacle to conducting business in the area. An employer's options of using other means to gather shopping carts will be restricted under the proposed Ordinance. California Grocers Association has established a pilot program for collecting carts in designated grid areas of the San Fernando Valley. One person is assigned a grid and retrieves all carts within that area on a daily basis. Plans are to expand this self - funded program throughout Southern California in January, 1994. She requested the proposed Ordinance be defered until their operation can be implemented in this area. Council Member McCaughan disagreed that the Ordinance is anti - business in nature, since businesses would benefit from the return of their shopping carts. He discussed the safety aspect and the need for a responsive system, citing the heavy use of carts on weekends, and the subsequent need for retrieval Jn Mondays. He expressed concern that not all stores contract with cart retrieval services, and voiced impatience with the projected timeline of implementing the grid system in iwney. He agreed to continue the matter until the next Council Meeting to give the Grocers Association time to resolve the problem. Mr. Thorson noted the grid system would comply with the Ordinance as written. Council Member Riley discussed the safety aspect of the problem, citing a particular problem near Warren High School where young people ride inside the carts on the streets. She asked that the particular market involved be contacted regarding this problem, and questioned liability when carts are pushed or stray into the streets. --* It was moved by Council Member McCaughan, seconded by Council Member Riley, and unanimously carried to defer consideration of the proposed Ordinance to the next City Council Meeting of October 12, 1993. RESOLUTIONS NOT SET FORTH ABOVE RESOLUTION NO. 5721 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING THE USE OF GRAFFITI OR GRAFFITI - RELATED VANDALISM IN MEDIA PROMOTIONS, ADVERTISING, ENTERTAINMENT IMAGES AND NEWS ARTICLES Ms. Yotsuya summarized the staff report, noting the Resolution responds to Los Angeles County Supervisor Deane Dana's request that cities oppose the media's use of graffiti in advertising. The Resolution was read by title only. It was moved by Council Member Boggs, seconded by Council Member Riley, and unanimously carried to waive further reading and adopt. Council Minutes 9/28/93 -3- r $, d► ADMINISTRATIVE REPORTS R ESO LU TI O N NO. 5722 A R ESO LU TI O N OF THE CITY COUNCIL OF THE CITY OF DOW N EY ADOPTING A MORTGAGE CREDIT CERTIFICATE PROGRAM IN COOPERATION WITH THE COUNTY OF LOS ANGELES, AUTHORIZING AN APPLICATION TO TH E CALIFORNIA DEPT LIMIT ALLOCATION COMMITTEE IN 1993 OR 1994 FOR OM ALLOCATION FOR THE ISSUANCE OF MORTGAGE CREDIT CERTIFICATES AND THE TRANSFER OF SUCH ALLOCATION TO THE COUNTY OF LOS ANGELES Mr. Rangel summarized the staff report, noting the Certificates would be used to assist low and moderate income first -time homebuyers in Downey. He also provided further information on the performance deposit requirement of one percent of the allocation requested. Council Member McCaughan clarified the program costs, noting they would be divided equally among participating cities. He questioned the equal division of administrative costs among cities, since larger cities will likely issue more Mortgage Credit Certificates, and should be charged accordingly. Mr. Lennie Whittington, 8542 Ma natee St., expressed concern that the City would be giving Los Angeles County control of all money and loans given. Mr. Rangel replied that the cost to the City would be much greater if the County did not - administer the Program. Council Member Lawrence commented that the qualifications are very reasonable for the first -time homebuyer. Council Member McCaughan questioned the role of the County in case of foreclosure, and was informed that a private entity would take responsibility for the property should that occur. 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. VEHICLE TOWING AND SERVICE AGREEMENTS WITH DOUG ' S TUG AND UNITED TOW I NG (CONTINUED FROM SEPTEMBER 14, 1993) Chief Caldwell summarized the staff report, explaining the background of the different towing companies in the past that have provided services for the Downey Police Department. Staff is recommending the City contract with United Towing and Doug's Tug on a rotation basis, since both bids meet the minimum qualifications for service. It was moved by Council Member Boggs, seconded by Council Member Lawrence, and unanimously carried to authorise the Mayor to sign Agreements with United Towing Service, Inc. and Doug's Tug to provide towing services for the Downey Police Department for a three year period, e ni! i n g June 30, 19 96 . Council 1 Minutes 9/28/93 -4- ' ' 9 REQUEST TO CONTRACT WITH RESIDENTIAL TRASH RATE EXPERT Mr. Redmayne summarized the staff report, discussing the direction given to maintain residential trash pick -up as is, with augmentation provided by ma nd a to ry recycling and green waste separation. The Citizen's Health and Environmental Sanitation Committee studied collection methods and rates, and made recommendations on barrels to be used for recycling. However, no consensus was reached on a trash rate for the new program. Since staff and Committee Members lack technical expertise in this area, it is recommended the City contract with a trash rate expert to determine a reasonable rate for Downey. Council Member Boggs concurred with the need for an expert to establish the trash rates. She recommended the contract specify an hourly rate, with the total amount of services not to exceed $15,000, and submittal of an itemized bill for review and payment. A brief discussion was held regarding the lack of consensus from the Health and Environmental Sanitation Committee regarding this matter. Responding to questions from Council Member McCaughan, Mr. Caton explained that staff plans to meet with all commercial haulers to discuss trash diversion from the commercial aspect at a future time. Mr. Lennie Whittington, 8542 Manatee St., questioned the findings of the Health and Environmental Sanitation Committee, and asked that AB 939 funds not be spent unnecessarily, noting that staff could survey surrounding cities for a comparable rate. He voiced his opinion that staff was biased towards Calsan, and would influence the work of the trash rate expert. { Mr. Ronald Ektarian, 11718 Arkansas St., Artesia, noted that the comparison referenced in staff's report between Sierra Madre and Downey does not consider the use of different landfills and costs involved. He offered his expert services to conduct a trash rate survey among cities, and suggested that other haulers be consulted for their expertise. Mr. Paul Richardson, 7507 Ib ren St., expressed opposition to contracting with a residential trash rate expert. He recommended that Caltrans provide the new service without any cost adjustment,' since they wil 1 be picking up the same amount of trash. Council Member McCaughan commented on the need for an expert to e s t a b l i s h a reasonable rate structure that can be used in the future. It was moved by Council Member Boggs, seconded by Council Menter Lawrence, and unanimously carried to authorize the City Manager to execute an agreement with Hilton, Fa rnkop f & Hobson of Newport Beach to recommend a new trash rate for residential trash, recycling ant green waste collection programs, to be funded from AB 939 monies at a set hourly rate not to exceed I $15,000, based on an itemized billing of all services. Cou nc i l Member Lawrence thanked Mr. Ektarian and Mr. Richardson for delivering their comments in a positive manner. Council Minutes 9/28/93 - 5- ORAL C OMMU NC I ATI O NS Ms. Larene Barnes, 10824 and 10820 Newville Ave., complained about the noise and harassment caused by practicing Pop Warner Cheerleaders at Rio San Gabriel Park near her home, and requested they be moved to another location in the Park. Mayor Brazelton re fe r re d this matter to staff. Mr. Ronald Ektarian, 11718 Arkansas St., Artesia, commented on a recent nmewspaper article regarding the City Manager meeting with commercial haulers, and the granting of an exclusive franchise. He referenced various residential rates in neighboring cities compared to those in Downey. Mr. Lennie Whittington, 8542 Manatee St., expressed his right t® voice criticism on any issue. OTHER BUSINESS: CONSENT CALENDAR - ITUIS REMOVED BY COUNCIL APPROVAL: None. OTHER BUSINESS - Council Members Council Member Lawrence mentioned her right to have an opinion as a Council Member. Council Member Boggs reiterated her request that staff return with obsolete Ordinances for Council action. Mr. Caton noted the Downey Municipal Code has been reviewed by a codification service for updates and discrepancies, and the City Clerk has directed each Department to review the service's recommendations as they apply. He indicated that a copy of the suggested changes w i l l be given to Council for their information. Council Member McCaughan requested the issue of scavengers be addressed as the City embarks on a mandatory recycling program. Council Member McCaughan reiterated his request that Council consider adopting an ordinance similar to the City of Artesia 's Ordinance regarding parking in the front yard setback. Council Member McCaughan requested a staff report on the Police Department's position regarding the dress code in Downey schools. Council Member McCaughan mentioned participating in the Police Department Group picture, and expressed pride in the diversity of the organization. OTHER BUSINESS - Staff Members: None. Mayor Brazelton announced the Council is recessing to Closed Session (8:58 p.m.) to complete discussion of items previously announced on the Closed Session Statement. The meeting reconvened at 9:55 p.m. with all Council Members present. There were no Closed Session act ions to report. Council Minutes 9/28/93 -6- r ADJOURNMENT: 9:55 p .m . The meeting was adjourned to 4:00 p.m., October 12, 1993, for the City residential tour. ?' / ...x., 4 6,66. `� ) 1 4. /1f /. ii ire;:% udith E. McDonnel City Clerk 'obert S. Brazel on, ,—yor i I i Council Minutes 9/28/93 --7- MINUTES OF THE' rl , . D 4 CITY COUP IL /COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING OCTOBER 12, 1993 The City Council /Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 4 :11 p. m . , y October 12, 1993, in the Council Chamber of the Downey City Hall, Mayor /Chairman Robert S. Braze lton presiding. PRESENT: Council Members /Commissioners: Robert S. Brazelton Mayor /Chairman Barbara J. Ri ley Mayor Pro -Tem /Vice Chairman Gary P. McCaughan, M.D. Joyce L. Lawrence Diane P. Boggs ALSO PRESENT: Gerald M. Caton, City Manager/Executive Director Peter M. Thorson, City Attorney Joyce Baker, Deputy City Clerk /Assist. Secretary Lee Powell, Assistant City Manager -- Art Rangel, Assistant Executive Director/ Director of Economic and Community. .development Greg Caldwell, Chief of Police Sid Lee, Senior Code Enforcement Officer Terry Pruitt, Police Lieutenant - - Ed Velasco, Housing Manager Laura Wilson, Code Enforcement Officer TOUR OF CITY HOUSING STOCK The Council Members /Commissioners were given a bus tour of the City involving certain areas that had active Code Enforcement cases and also properties in need of Code Enforcement due to miscellaneous e s violations. Properties that had been improved under various Housing Programs were also viewed. Mr. Rangel, with the assistance of Mr. Lee and Mr. Velasco, pointed out properties that were contained on a "Preliminary Housing Assessment" list. This list was distributed to Council, staff, and members of the public present during the bus tour, and made a part of the public record thereof. Upon completion of the City bus tour at 5:45 p.m., the Council Members/ Commissioners returned to the Council Chamber CLOSED SESSION Mayor /Chairman Brazelton announced the Council /Commission is recessing to Closed Session to discuss the following Sections of the Government Code: SECTION 54956.9 - one subdivision (a) matter - pending litigation: Strowski vs. City of Downey Council /Conanunity Dev. Conn. Minutes (Adj.) 10/12/93 -1- SECTION 54956.9 - one subdivision (b) matter; > SECTION 54957.6 - two labor negotiation matters. The meeting reconvened in open session at 7:32 p.m. with all Council Members /Commissioners present. There were no Closed Session actions to report. The meeting recessed at 7:32 p.m. ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 7:50 p.m. with all ,,..� Council Members /Commissioners present (see Oral Communications under Regular City Council Meeting) and immediately recessed. The meeting reconvened at 8:02 p.m. with all Council Members/ Commissioners present. ADJOURNMENT: 8:02 p.m. ..,, i _ '1 _ 44 , . / /� V � � � ,� .i; / // 1 Joyce E. aker De u t City Clerk / R: •'rt :raze 1 t Mayor? �. p y y Ass3ston Secreta =ry :. `Chairman t ` / "'r.. Council /Community Dev. Comm. Minutes (Adj.) 10/12/93 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 12, 1993 T A B L E O F M I N U T E ACTIONS SUBJECT ACTION PAGE NO. Council Minutes : Adj. & Regular Mtgs., 9/28/93 Approved 1 Warrants Issued: #69648-70077 Approved 1 Approve positions of Senior Librarian & Administrative Assistant /Library in exchange for 3 other library positions Approved 1 Ord. amending Downey Municipal Code re shopping cart Introduced as regulations amended 2 Cash Contract #591 - Civic Center Water Well: Award contract to Layne- Western Company, Mc Cal la Division of Chino, for drilling Water Well at Civic Center Approved 3 Cn. Lawrence re complaint of neighborhood noise disturbance & possible Code amendment to prohibit noise prior to 8:00 a.m. on weekends 3 Cn. Lawrence re areas in south Downey losing street sweeping days because of no holiday make -ups Referred to staff 3 Cn. Lawrence requested future concerns re maintenance & land use issues be referred to as "Neighborhood Preservation" 3 Cn. Boggs re need for Code Enforcement to preserve community 3 Cn. Boggs expressed pride in being included in title, "Gang of Six," in local newspaper 3 Cn. Riley re attendance at luncheon held to honor five, ten & fifteen year City employees 4 Cn. McCaughan requested consideration of Ordinance similar to City of Artesia Ordinance re parking in setbacks 4 Cn. McCaughan requested Council have follow -up discussion re City housing tour to give staff direction to address community needs 4 Mayor Brazelton recognized former Mayor /Council Y 9 Member Robert Cormack in audience 4 Page 1 of 2 COUNCIL MINUTES, OCTOBER 12, 1993 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Mr . Ca ton announced the Council w i l l conduct a Public Hearing at 7:30 p.m., 10/26/93 to consider the proposed Woodruff Square Project, located at the northeast corner of Woodruff Ave. & Imperial Hwy., involving Final Environmental Impact Report, General Plan Amendment, Zone Change, Development Agreement 4 Adjourned in memory of former Downey Police Chief Loren Morgan, & Nat Ferraro, longtime Downey resident 4 Meeting adjourned to 6:30 p.m., October 26, 1993 4 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOW NEY OCTOBER 12, 1993 The City Council of the City of Downey held a regular meeting at 7:35 p .m., October 12, 1993, in the Council Chamber of the Downey City Hall, Mayor Robert S. Brazelton presiding. PRESENT: Council Members: Robert S. Brazelton Mayor Barbara J. Riley Mayor Pro - Tem Gary P. McCaughan, M.D. Joyce L. Lawrence Diane P. Boggs ALSO PRESENT: Gerald M. Caton, City Manager Peter M. Thorson, City Attorney Joyce Baker, Deputy City Clerk Lee Powell, Assistant City Manager Greg Caldwell, Police Chief Ron Irwin, Fire Chief Jim Jarrett, Director of Community Services Art Rangel, Director of Econ. & Community Development Richard Redmayne, Director of Public Works June Yot s uya , Assistant to the City Manager Ron Yo sh i k i , Asst. Cohn. Dev. Director /City Planner Robert Brace, City Engineer Greg Mayfield, Water /Sanitation Superintendent Ed Ve l a sco , Housing Manager Ci nd i Lee, Executive Secretary PRESENTATIONS: None. HEARINGS: None. CONSENT CALENDAR - ITEMS FOR REMOVAL: None. CONSENT CALENDAR It was moved b y Council Member Boggs, seconded by Council Member Lawrence, and unanimously carried to approve the Consent Calendar as recommended: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS - SEPTEMBER 28, 1993: Approve. UARRANTS ISSUED: NO. 69648 - 70077, $712,559.85: Approve. APPROVE POSITIONS OF SENIOR LIBRARIAN AND ADMINISTRATIVE ASS I STANT/ LIBRARY in exchange for three other library positions - Senior Librarian Assistant, Librarian Assistant, and Job Shared Librarian: Approve. Council Minutes 10/12/93 -1- e t t , o , ORDINANCES NOT SET FORTH ABO VE : ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 4133.2 TO CHAPTER 1 OF ARTICLE IV OF THE DOWNEY MUNICIPAL CODE RELATING 10 THE REGULATION OF SHOPPING CARTS Ms. Yot s uya summarized the staff report, noting this matter was continued to further review options discussed. She referenced correspondence received from the C a l i f o r n i a Grocers Association regarding their cart retrieval grid program which will hopefully be implemented in this area in January, 1994. Council Member McCaughan requested that language be included in the Ordinance to allow for businesses to establish their own cart retrieval system, as he does not want to discourage in -house programs to regulate shopping carts. Mr. Thorson recommended that proposed Section 4133.2 read as follows to reflect the modification requested: "Any business that uses shopping carts, shopping baskets, or other similar devices in excess of twenty carts per business during the normal course of business shall be required to have a contract with a shopping cart retrieval service, or equivalent service with the businesses' employees, for the regular retrieval of shopping carts removed from the location of the business. Such business shall be required to furnish proof of such contract, or equivalent service, yearly. Council Member Boggs suggested the added language reference submittal of a retrieval plan from each business, and was informed by Mr. Thorson that specifics of a plan would have to be outlined if it were included in the Ordinance. The Ordinance was read by title only. It was moved by Council Member Boggs, seconded by Council Member Lawrence, and unanimously approved to waive further reading and introduce, with the additional wording as stated by the City Attorney. Prior to the foregoing vote, Council Member Boggs expressed support of the suggestions received from the California Grocers Association to educate the public on regulations concerning shopping cart removal and retrieval. Ms. Beth Beeman, California Grocers Association, One World Trade Center, Long Beach, explained that the suggestions outlined in the Shopping Cart Removal Action Plan have been successfully used in other areas to communicate the need for everyone to work together in solving this problem. She appreciated the modified wording placed in the Ordinance which will allow businesses the option of using their own resources for cart retrieval. Council Member McCaughan commented that small concerns such as abandoned shopping carts often lead to larger problems that tarnish the City's image. He stated that educating the public on this matter is important and necessary for a successful solution. Council Minutes 10/12/93 -2- d Council Member Riley concurred, recommending local store managers meet with staff to discuss ideas for cart regulation. Council Member Lawrence mentioned that once the intra-City transit system is operational , perhaps people will ride the buses home with their groceries, and not remove shopping carts from store premises. R ESO LU TI O NS NOT SET FORTH ABOVE: None. ADMINISTRATIVE REPORTS CASH CONTRACT NO. 591 - CIVIC CENTER WATER WELL Mr. Redmayne summarized the staff report, discussing the two bids received for drilling of the water well on civic center property. The final cost is anticipated to be higher due to unknown soil and aquifer formations. The low bid on the project was submitted by Layne- Western Company of Chino, a contractor that has drilled numerous wells for other water agencies in the Central Basin. It was moved by Council Member Lawrence, seconded by Council Member Boggs, and unanimously carried to award a contract in the amount of $205,301.50 to Layne - Western Company, McCalla Division of Chino, for the drilling of Water Well No. 11 at the Civic Center. ORAL COMMUNCIATIONS: None. OTHER BUSINESS: CONSENT CALENDAR - ITEMS REMOVED BY COUNCIL APPROVAL: None. OTHER BUSINESS - Council Members Council Member Lawrence noted she had received a complaint regarding a neighborhood noise disturbance and asked if the Downey Municipal Code could be amended to prohibit noise prior to 8:00 a.m. on weekends. Council Member Lawrence commented that certain areas of south Downey lose street sweeping days on the current schedule because there are no -holiday make -ups, and requested this matter be reviewed with the street sweeping company. Council Member Lawrence mentioned the City housing tour conducted earlier in the day, and requested future concerns regarding maintenance and land use issues be referred to as "Neighborhood hborhood Preservation ," since these matters deal with preserving the City's housing stock. Council Member Boggs commented on seeing improved properties in Downey, as well as areas in need of maintenance, while on the City housing tour. She cited the need for Code Enforcement to preserve the community, noting that cities west of Downey were deteriorating because of lack of attention. Council Member Boggs referenced a letter printed in a local newspaper in which the Council and City Manager were referred to as the 'Gang of Six," and expressed pride to be included in this title. Council Minutes 10/12/93 -3- tttJJJ (IA () Council Member Riley spoke regarding the recent luncheon held to honor five, ten and fifteen year City employees, noting that many of them volunteer their spare time to the City and are involved in family activities. Council Member McCaughan asked that Council consider an Ordinance such as the City of Artesia's Ordinance regarding parking in setback areas, as similar parking problems exist in Downey. Council Member McCaughan requested Council have follow -up discussion at a future meeting regarding the City housing tour to provide staff direction to address community needs. Mayor Bra z e l t on recognized former Ma or /Cou nc i 1 Member Robert Co rma ck in Y the audience. OTHER BUSINESS - Staff Me nb er s Mr. Caton advised the Council will be conducting a public hearing on a proposed Woodruff Square Project, located at the northeast corner of Woodruff Avenue and Imperial Highway, involving a Final Environmental Impact Report, General Plan Amendment No. 93-1, Zone Change No. 93-29, and Development Agreement No. 93-32, at 7:30 p.m., October 26 , 1. 9 9 3 , in the Downey City Council Chamber. ADJOURNMENT: 8:02 p.m. The meeting was adjourned in memory of former Downey Police Chief Loren Morgan, and Nat Ferraro, longtime Downey resident, to 6:30 p.m., October 26, 1993, in the Council Chamber of the Downey City Hall. c • C• Boyce E. Baker,, Deputy City Clerk ob-r S. Braz- o ,', Mayor' • • Council Minutes 10/12/93 -4- MINUTES OF THE CITY COUNCIL /CCNMUNI TY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING OCTOBER 26, 1993 The City Council /Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:30 p.m., October 26, 1993, in the Council Chamber of the Downey City Hall , Mayor /Chairman Robert S. Brazelton presiding. PRESENT: Council Members/Commissioners: Robert S. Brazelton Mayor /Chairman Barbara J. Riley Mayor Pro-Tem/Vice C h a i r m a n Gary P. McCaughan, M.D. Joyce L. Lawrence Diane P. Boggs ALSO PRESENT: Gerald M. Caton, City Manager /Executive Director Peter M. Thorson, City Attorney Judith McDonnell , City Clerk /Secretary Lee Powell, Assistant City Manager Jim Jarrett, Director of Community Services CLOSED SESSION Mayor /Chairman Brazelton announced the Council /Commission is recessing to Closed Session to discuss the following Sections of the Government Code: SECTION 54956.9 - two subdivision (a) matters - pending litigation: Westray vs. City of Downey Jetton vs. City of Downey SECTION 54956.9 - three subdivision (b) matters. The meeting reconvened in open session at 7:42 p.m. with all Council 9 P P Members /Commissioners present. There were no Closed Session actions to report. The meeting recessed at 7:42 p.m. ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 9:35 p.m. with all Council Members /Commissioners present (see Oral Communications under Regular City Council Meeting) and recessed at 9:43 p.m. The meeting reconvened at 10:25 p.m. with all Council Members/ Commissioners present. ADJOURNMENT: 10:25 p.m. .- ud i th E. Mc Donnel l ji ty Clerk/ 'obert S. Brazel tv, Mayo Sec re to ry Chairman Council /Community Dev. Comm. Minutes (Pdj.) 10/26/93 -1- • . MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 26, 1993 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Proclamation re "Youth Program Day" - 11/6/93 1 Proclamation re October - "Head Injury Awareness Month" 1 Certificates of Appreciation for Eagle Scouts, Troop #307 1 Proclamation re "Red Ribbon Week" 10/25-11/1/93 2 Res. #5723 declaring intent to vacate irrevocable offer of dedication westerly from Rives Avenue at Adopted; hrg set. Brookpark Rd. 11/23/93 2 Res. #5724 certifying Final Environmental Impact Report for General Plan Amendment #93 -01, Zone Change #93-29, & Development Agreement #93-32 Adopted 5 Res. #5725 amending General Plan Land Use Chapter by approving General Plan Amendment #93 -01, changing Designation from "Schools" to " Commercial" Adopted 6 Ord. approving change of zone for 9.2 acre site located at northeast corner of Imperial Hwy. & Woodruff Ave. from R1 -5000 (Single Family Residential) to C -2 (General Commercial) - Zone Change #93 -29 Introduced 7 Ord . approving Woodruff Suare Development Agreement betw. City of Downey & Downey /Koll Ltd. Partnership Introduced 7 Joel Lubin re li ' po tical sign pollution 7 Joe Romero re financial hardship for senior citizens created by $2 parking fee at Wilderness Park Referred to staff 7 Cou nc i 1 Minutes : Ad j . & Regular Mtgs., 10/12/93 Approved 8 Warrants Issued : #70078-70425 Approved 8 Downey Holiday Lane Parade Permit - 12/5/93 Approved 8 Unscheduled equipment purchase - Air conditioner for Fire Department Headquarters (Station #1) Approved 8 Res. #5726 approving re-appointment of Gilbert Fl o rye s to Design Review Board Adopted 8 Page 1 of 3 • COUNCIL MINUTES, OCTOBER 26, 1993 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #5727 approving re- appointment of Gloria Reed to Design Review Board Adopted 8 Res. #5728 approving re- appointment of Frank T.C. Wei to Design Review Board Adopted 8 Res. #5729 establishing 2 hr. parking restriction from 7:00 AM to 6:00 PM except weekends & holidays along west side of Old River School Road from 130 feet south of Quill Dr. southerly 100 feet Adopted 8 Ord. #968 amending Downey Municipal Code re shopping cart regulations Adopted 9 Cash Contract #594 - Rio Hondo Golf Course Remodeling: Award contract to Wadsworth Golf Course Construction Co. Approved 9 Rio Hondo Golf Course revised operating agreements with Arroyo Seco Food & Beverage Co; Bruce Ma Dona ld , Golf Professional Manager; & Satsuma Landscape, Course Maintenance Contractor: Authorize Mayor to execute after final review of agreements by Council Approved 9 J Rio Hondo Golf Course Easement for reclaimed water service with Central Basin Water District: Authorize City Manager to negotiate agreement for execution after final Council review Approved 10 Keep Downey Beautiful Hotline Cn. McCaughan to meet with staff 10 Code Amendment re Prohibited Parking Study session to be held at future date 10 Cn. Boggs compared salaries of Compton City Council & stipend received by Downey City Council 10 Cn. Riley re attending YMCA/Rotary Breakfast & staff members volunteering time at event 11 Cn. Riley re participating in clean -up activity for Keep Downey Beautiful & suggested publicizing efforts of youth involved 11 Cn. McCaughan re publicizing volunteer spirit of Downe y Citizens 11 Mayor Brazelton re complaint on time lag involved in receiving DART barrel ; suggested stickers be sent out to citizens while awaiting barrels 11 Page 2 of 3 COUNCIL MINUTES, OCTOBER 26, 1993 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO Mr. Caton complimented Mr. Jarrett & staff re work done on Golf Course Remodeling project 11 Mayor Brazelton commended Planning staff for work done on Woodruff Square Shopping Center 11 �.� Meeting adjourned to 6:30 p.m., November 9, 1993 11 1 Page 3 of 3 • MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 26, 1993 The City Council of the City of Downey held a regular meeting at 7:45 p.m., October 26, 1993, in the Council Chamber of the Downey City Hall, Mayor Robert S. Braze lton presiding. PRESENT: Counc il Members : Robert S. Brazelton Mayor Barbara J. Riley Mayor Pro -Tem Gary P. McCaughan, M.D. Joyce L. Lawrence Diane P. Boggs ALSO PRESENT: Gerald M. Caton, City Manager Peter M. Thorson, City Attorney Judith McDonnell , City Clerk - Treasurer Lee Powell, Assistant City Manager Gregory Caldwell, Police Chief Ron Irwin, Fire Chief Jim Jarrett, Director of Community Services Art Ra nge l , Director of Ec on . & Community Development Richard Redmayne, Director of Public Works Lowell Williams, Director of Finance June Yo t suy a , Assistant to the City Manager Ron Yosh iki , Asst. Comm. Dev. Director /City Planner Robert Brace, City Engineer Bonnie Kehoe, Recreation Manager Mark Sellheim, Principal Planner Cindi Lee, Executive Secretary PRESENTATIONS Mayor Brazelton presented Proclamation declaring November 6, 1993, as yo aze p a c g , "Youth Program Day" to Ms. Betty Ferraro, President, and Ms. Jean Stoll, Treasurer, "Gangs Out Of Downey" (G.O.O.D.) Committee. Ms. Ferraro commented on the purpose of the G.O.O.D. Committee and the successful combined efforts of the City, School District and community organizations in offering a wide range of youth activities, including anti - graffiti clean -ups and intervention programs for at -risk youth and families. She invited the public to "Youth Program Day" to be held at Warren High School on November 6, 1993. A short video clip was viewed, depicting a segment on CNN News that reported on the successful G.O.O.D. Program in Downey. Mayor Brazelton presented a Proclamation declaring October as "Head Injury Awareness Month" to Mr. Joe Maurer, President, Head Injury Foundation. Mayor Brazelton presented Certificates of Appreciation for Eagle Scout achievement to Jeremy Blaine Fewkes, Kevin Scott Kozovich, Quentin Wayne Wilcox, Gregory Edmon Raabe, and Troy Alan Miley. Scout Master Dave Owelley was recognized in the audience. Council Minutes 10/26/93 -1- F # • Mayor Brazelton presented a Proclamation declaring October 25, 3 through November 1 , 1993, as Red Ribbon Week to D. A. R. E. P o l i c e Officer f Tou ss i e ng . HEARINGS Mayor Brazelton opened the public hearing on VACATION M. 169, WESTERLY FROM RIVES AVENUE AT BROOKPARK ROAD. He advised that a Resolution of Intention will be considered to re -set the hearing in order to comply with publication and posting requirements. RESOLUTION NO. 5723 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOW N EY DECLARING ITS INTENTION TO VACATE AN IRREVOCABLE OFFER OF DEDICATION (FUTURE STREET) WESTERLY FROM RIVES AVENUE AT BROOKPARK ROAD (SETS HEARING 11123/93) The Resolution was read by title only. It was moved by Council Member Riley, seconded by Council Member Boggs, and unanimously carried to waive further reading and adopt. Council Member Lawrence advised she will be abstaining from considering the proposed Woodruff Square Shopping Center, as her residence is in the vicinity of the proposed project. Council Member Riley indicated she will be abstaining from considering the proposed Woodruff Square Shopping Center, as she is employed by the Downey Unified School District, which is a partner in the proposed development. Council Members Riley and Lawrence vacated their seats, accordingly. Mayor Brazelton opened the public hearing on PROPOSED WOODRUFF SQUARE SHOPPING CENTER AT THE NORTHEAST CORNER OF IMPERIAL HIGHWAY/WOODRUFF AVE NU E INTERSECTION INVOLVING A FINAL ENVIROIMIENTAL IMPACT DETERMINATION, GENERAL PLAN IeM1 ENDMENT NO. 93-01, ZONE CHANGE NO. 93-29, AND DEVELOPMENT AG REEMI ENT NO. 93-32. Ms. McDonnell affirmed receipt of the proof of publication. It was moved by Council Member Boggs, seconded by Council Member McCaughan, and so ordered to receive and file the proof. Mr. Rangel summarized the staff report, noting that !Coll Development has been working with staff and the Downey Unified School District for approximately two years on this project. He gave a brief description of the Planning Commission actions taken on the eight cases involved: The Draft Environmental Impact Report, General Plan Amendment, Zone Change, and the Development Agreement were recommended to Council for approval by the Commission; final approval was given at the Commission level to the Tentative Parcel Map, the two Conditional Use Permits, and the Zone Variance. He Coun °cil Minutes 10/26/93 -2- mentioned Appeals have been filed against the Conditional Use Permit for the service station /convenience store and the Zone Variance, which will be considered by Council at a later date. The land use consultants who prepared the Environmental Impact Report are present in the audience to answer any questions. Mr. Yoshiki referred to the illustrations on the side wall of the Chamber as they relate principally to the Development Agreement. He explained the Environmental Impact Report is composed of comments received by agencies responding to the document, and answers to questions posed during the public hearing process. He narrated a slide presentation, including a vicinity map, aerial map, project location map, and General Plan designation of surrounding areas. The proposed General Plan designation change will be from "Schools" to "General Commercial ." The Zone Change will change the zone on the 9.2 acre portion of the northeast corner (Columbus High School) from R -1 5000 (Single Family Residential) to C-2 (General Commercial) . The Development Agreement guarantees the City development of a retail commercial center and creates a vested condition in which the developer agrees to perform and build the development as shown on the submitted plans. Retention of school buildings, and traffic ingress /egress were discussed. Ms. McDonnell advised receipt of correspondence from Mr. Joel Lubin, 7820 Allengrove St., in support of the project. It was moved by Council Member Boggs, seconded by Council Member McCaughan, and so ordered to receive and file the correspondence. Council Member Boggs noted receipt of a letter from Mr. Toussieng, expressing concern regarding certain aspects of the project. It was moved by Council Member Boggs, seconded by Council Member McCaughan, and so ordered to receive and file the correspondence. Mayor Brazelton requested the applicant come forward and present his case. Mr. Kevin Deighan, Vice President of the Koll Company, 4343 Von Carmen, Newport Beach, explained the Koll/Downey Partnership is comprised of the Koll Company and Downey Unified School District. The Koll Company became involved with the project approximately two years ago, when responding to Requests for Proposals to plan a development for excess school property on the Columbus High School site. The School District will retain ownership throughout the project and receives benefits from any property sales, including 85% of the proceeds from the net cash flow of the project. He discussed potential leasees, including a large grocery chain, child education center, fast food restaurants, and a tire store. The corner parcel would be sold to Atlantic Richfield for establishment of an ARCO station /mini -mart. He cited the generating of new jobs, increase in sales tax, and financial assistance to the School District as benefits of the proposed shopping center. Mayor Brazelton asked i f there was anyone present to speak in favor of the proposed project. Cou nc i 1 M i nu to s 10/ 26/93 -3- H Mr. Gary Simning, Atlantic Richfield Co. (ARCO), 17315 Studebaker Cerritos, expressed support of the project. He noted his job is to idea y and locate ARCO projects in five counties and indicated the subject site is excellent location for ARCO. Dr. Edward Sussman, Superintendent, Downey Unified School District, 11627 Brookshire Ave., urged approval of the project, based on careful review and consideration. He discussed the difficulty of securing funding sources for needed school refurbishments, citing the unsuccessful 1988 bond election, and grant applicants which were not approved. Studies have been conducted on excess land in the School District, and this area was determined to be available for potential development. Mr. Joel Lubin, 7820 Allengrove St., referenced his letter of support, noting that project delays would be detrimental in raising revenue for needed school repairs. He cited the close proximity of a nearby liquor store as an example of an already existing business that sells alcohol , and urged approval of the shopping center. Ms. Betty Ferraro, Member of Downey Unified School Board, mentioned as a point of interest, the existence of a licensee for controlled substance across Imperial Highway in the Western Dental Office. Ms. Grace Horney, 9102 Angell St., Vice President, Downey Unified School Board, requested approval of the project. She commented on the combination of adult and juvenile students at Columbus High School , and the sale of packaged liquor at the proposed shopping center, noting it is the responsibility of the proprietor to control the sale of alcohol to minors. Mr. Alex Cornig, Manager of Casa Del Rio Seco Apartments, expressed support for the project, citing the benefits of increased employment and needed faciltiies for residents in the area. Mr. Leonard Rose, owner of Casa Del Rio Seco Apartments, voiced support of the project as being economically viable, and mentioned problems occurring with soccer players currently using the Columbus High School field. There being no one else to speak in favor, Mayor Brazelton asked if there was anyone present to speak in opposition. Mr. Kevin Young, Deputy District Attorney, County of Los Angeles, and Member of the Calvary Chapel Christian School Board, expressed opposition to allowing the sale of liquor within 1,000 feet of an existing school. Convenience markets in such close proximity to schools have become a gathering place for gangs and tagging groups. The opening of the I -105 Freeway has faci 1 i to ted the preva la nce of other crimes , such as robberies and carjackings. He expressed concern with selling alcohol at close proximity to the at -risk youth who attend the continuation school. Mr. Louite Taba unk.s l . 9854 Bellflower Blvd., manager of the gas station across the street from the proposed project, noted current problems with minors trying to buy liquor and tobacco at his establishment, resulting in vandalism and loitering. Council Minutes 10/26/93 -4- cs, A, 5 Mr. Lennie Whittington, 8542 Manatee St., mentioned he was not against the project, but opposed the sale of alcohol and tobacco in close proximity to schools . He noted the continuation school is for young people with problems and locating a liquor store at this site would adversely affect these already at -risk students. He indicated the Planning Commission granted special favors to the developer by waiving certain requirements of the Downey Municipal Code, and noted that a liquor license would necessitate hearings before the Alcohol and Beverage Control Agency. Mr. Manual Cevallos, 10538 Poinsetta, Whittier, Chairman of North American Soccer Organization, expressed concern with the displacement of thousands of soccer players and families that currently use the Columbus High School field for sports activities. He offered financial assistance from the soccer organization to the School District for refurbishing schools. Mr. Scott Edwards, Principal of Calvary Chapel Christian School , voiced opposition to the project. He mentioned for the record that his organization was not involved in a recently distributed inflammatory flyer that contained derrogatory comments toward the School District. Understanding the need for economic vitality in the City, he stated he was not opposed to the project, but against the sale ' g a e of alcohol and tobacco in close proximity y t o school chi ldren. Mr. Jay Tower, 7902 in St., commented on problems with tenant vacancies in several shopping centers n Downey, and the increased traffic congestion on Imperial Highway with the opening of the 1 -105 Freeway. He suggested the School District develop needed housing at this location. There being no one else to speak in opposition, Mayor Brazelton asked the applicant if he wished to rebut. Dr. Ed Sussman noted the District does not condone the use of alcohol, and has never knowingly seen a vendor sell alcohol to students. In cases where alcohol is found on campus, it is brought from home. He spoke of the excellent education programs for students regarding the affects of alcohol and tobacco, which ha s resulted in a reduction of use on campuses throughout the District. It was moved by Council Member Boggs, seconded by Council Member McCaughan, and so ordered to close the public hearing. RESOLUTION NO. 5724 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOW N EY CERTIFYING THE FINAL EN V I RO M EN TAL IMPACT REPORT FOR GENERAL PLAN R1 ENDM ENT NO. 93-01, ZONE CHANGE NO. 93-29 AND DEVELOPMENT AGREEMENT NO. 93-32 The Resolution we read by title only. It was moved by Council Member Boggs, seconded by Council Member McCaughan, and carried by the following vote to waive further reading and adopt: AYES: 3 COUNCIL MEMBERS: McCaughan, Boggs, Brazelton ABSTAIN: 2 COUNCIL MEMBERS: Riley, Lawrence Council Minutes 10/26/93 -5- Prior to the foregoing vote, Council Member Boggs addressed the cork Is expressed regarding this project. She clarified that only adult sc classes are taught at night on the campus. Regarding the use of the athlet field, she noted that soccer games are played at South Middle School , where excessive litter continues to be a problem. She stressed the need to educate young people on the affects of a l c o h o l and tobacco, since these products are easily available. She expressed support of the project as an example of the public-private sector working together. Council Member McCaughan clarified wording in the Development Agreement relating to discretionary actions, use of different terminology, and fireproofing requirements. Discussion ensued regarding State laws that govern the sale of packaged and open liquor, restricting local control in this area. Mr. Thorson mentioned that Alcohol and Beverage Control policies regulate the sale of packaged liquor and control the issuance of business licenses to proprietors. Many factors combine in a decision to grant a liquor license at a particular location. Responding to questions regarding project ingress and egress and the proposed signalized intersection, Mr. Yoshiki referenced the wall maps as he explained traffic flow in the area. Council Member McCaughan commented on the different State and local laws affecting the sale of alcohol. He noted that denying the applicant the right to pursue obtaining a liquor license through the Alcohol and Beverage Control agency is an imposition that has not been applied to other retailers. He agreed that education of young people on the use of alcohol and tobacco is necessary. He was pleased to see the School District and City working together with the private sector on this project. Mayor Brazelton concurred with previous comments, noting the commercial uses proposed for the site are appropriate considering the busy area, and the buffered residential zone to the east. He expressed concern with loss of green space; however, during difficult economic times, this project would provide ide a reasonable source of revenue. RESOLUTION NO. 5725 A R ESO LU TI O N OF THE CITY COUNCIL OF THE CITY OF DOW N EY AMENDING THE GENERAL PLAN ' S LAND USE CHAPTER BY APPROVING GENERAL PLAN ENDM EN T G P CHIMING THE GENERAL PLAN L � 93-01, CHA DESIGNATION OF GP 93-01 FROM "SCHOOLS" TO "GENERAL COM ERCIAL" II The Resolution was read by title only. It was moved by Council Member Boggs, seconded by Council Member McCaughan, and carried by the following vote 99 y g y g to waive further reading and adopt: AYES: 3 COUNCIL MEMBERS: McCaughan, Boggs, Brazelton ABSTAIN: 2 COUNCIL MEMBERS: Riley, Lawrence .--. Council Minutes 10/26/93 -6- i . ORDINANCE NO. I I I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A CHANGE OF ZONE FOR H TE9.2- ACRE I S TE LOCATED AT THE NDR TH EAST CORNER OF IMPERIAL H IGHW AY AND WOODRUFF AVENUE, DOWNEY, FROM R1 -5000 (SINGLE FAMILY RESIDENTIAL) TO C -2 (GENERAL COMMERCIAL) AND APPROVING AN AMENDMENT TO THE OFFICIAL ZONING MAP OF THE CITY OF DOW NEY , ADOPTED BY SECTION 9106.06 (ZONE CH/1'16E NO. 93-29) The Ordinance was read by title only. It was moved b y Council Member Boggs, seconded by Council Member McCaughan, and carried by the following vote to waive further reading and adopt: AYES: 3 COUNCIL MEMBERS: McCaughan, Boggs, Brazelton ABSTAIN: 2 COUNCIL MEMBERS: Riley, Lawrence ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE WOODRUFF SQUARE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DOWNEY AND THE DOW NEY /KOLL LIMITED PARTN ERSH I P The Ordinance was read by title only. It was moved by Council Member Boggs, seconded by Council Member McCaughan, and carried by the following vote to waive further reading anti adopt: AYES: 3 COUNCIL MEMBERS: McCaughan, Boggs, Braze lton ABSTAIN: 2 COUNCIL MEMBERS: Riley, Lawrence Council Member Boggs requested special enforcement of laws pertaining to the sale of alcohol to minors, based on public comments expressed tonight. Cou nc i l Members Riley and Lawrence resumed their seats at this time. The meeting recessed at 9:25 p.m. and reconvened at 9:35 p.m. ORAL COMMUNICATIONS Mr. Joel Lubin, 7820 Allengrove St., expressed concern with political sign pollution, and suggested informing candidates of the City's sign policy when they file for political office. Mr. Joe Romero, 9003 Stoakes Ave., commented on the financial hardship created by the $2 parking fee charged at Wilderness Park to senior citizens who use the Park on weekends and holidays, and the consequential problem of cars parking on neighboring streets to avoid the charge. He recommended issuing a certain number of permits for Park weddings and picnics on weekends to deter overcrowding in the area. Mayor Brazelton referred the matter to staff. CONSENT CALENDAR - ITEMS FOR R BM OVAL : None. Council Minutes 10/26/93 -7- CONSENT CALENDAR It was moved by Council Member Boggs, seconded by Council Member Ri ley, and unanimously carried to waive further reading of the Resolutions and approve the Consent Ca 1e nd ar as recommended: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS - OCTOBER 12, 1993: Approve. MARRNITS ISSUED: NO. 70078 - 70425, $%7,518.11: Approve. DOWNEY HOLIDAY LANE PARADE PERMIT - DECEMBER 5, 1993: Approve. UNSCHEDULED EQUIPMENT PURCHASE - AIR CONDITIONER FOR FIRE D EPAR1M ENT HEADQUARTERS (STATION NO. 1) to replace broken unit: Approve. RESOLUTION NO. 5726 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE R E- APPO IN 1N EN T OF G I LBER T FLOR ES, LANDSCAPE ARCHITECT, TO THE DESIGN REVIEW BOARD RESOLUTION NO. 5727 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE R E- APPO IN1M EN T OF GLORIA REED , SMALL BUSINESS REPRESENTATIVE, 10 THE DESIGN REVIEW BOARD RESOLUTION NO. 5728 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE RE- APPOINTMENT OF FRANK T.C. WEI, GENERAL CONTRACTOR , TO THE DESIGN REVIEW BOARD •—• R ESO LU TI O N NO. 5729 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A TWO -HOUR PARKING RESTRICTION FROM 7:00 A.M. TO 6:00 P.M. EXCEPT WEEKENDS AHD HOLIDAYS ALONG THE WEST SIDE OF OLD RIVER SCHOOL ROAD FROM 130 FEET SOUTH OF QUILL DRIVE SOUTHERLY 100 FEET ORDINANCES NOT SET FORTH ABOVE: ORD IN NIC E NO. 968 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 4133.2 TO CHAPTER 1 OF ARTICLE IV OF THE DOWNEY MUNICIPAL CODE RELATING 10 1HE REGULATION OF SHOPPING CARTS Ms. Yot s uya summarized the staff report, noting that all affected businesses will be contacted regarding the regulations outlined in this Ordinance. Council Minutes 10/26/93 -8- • The Ordinance was read by title only. It was moved by Council Member McCaughan, seconded by Council Member Riley, and unanimously carried to waive further reading and adopt. Prior to the foregoing vote, Council Member McCaughan clarified that businesses will a l s o be informed of current City regulations regarding shopping carts. RESOLUTIONS NOT SET FORTH ABOVE: None. ADMINISTRATIVE REPORTS CASH CONTRACT NO. 594 - RIO HONDO GOLF COURSE REMODELING Mr. Jarrett summarized the staff report, recommending the contract be awarded to Wadsworth Golf Course Construction Company, noting their years of experience in this field and citing other successful projects completed in California by this Company. The favorable bid includes Alternate A, greensoil on the tee areas, and Alternate B, waterfalls and boulder lake treatment. He discussed the participation of the Central Water Basin in providing reclaimed ter for irrigation purposes. oses. 9 P p It was moved by Council Member Boggs, seconded by Council Member McCaughan, and unanimously carried to award Cash Contract No. 594 to iiad swo rth Golf Course Construction Coipany for the remodeling of Rio Hondo Golf Course/ Country Club. RIO HOMO GOLF COURSE REVISED OPERATING AG REEMENTS Mr. Caton noted that since the golf course will be closed down for approximately 18 months, it will be necessary to revise three of the current operating agreements with Arroyo Seco Food and Beverage Company; Bruce MacDonald, Golf Professional Manager; and Satsuma Landscape, Course Maintenance Contractor. Mr. Jarrett explained how these contracts will be severely affected by the closure of the golf course and requested adjustments be made as recommended. Council Member Boggs asked that the revised agreements be returned to Council for review prior to final execution. Mr. Lennie Whittington, 8542 Manatee St., complimented staff and Council for going out to bid on this project, and expressed appreciation to Mr. Jarrett for explaining the services performed by Satsuma Landscape. It was moved by Council Member Riley, seconded by Council Member Boggs, and unanimously carried to authorize the Mayor to execute revised operation agreements with Arroyo Seco Food and Beverage Coiany; Bruce MacDonald, Golf Professional Manager; and Satsuma Landscape, Course Maintenance Contractor, with the final agreements returning to Council for review prior to execution. Council Minutes 10/26/93 -9- ,..., el 4 t RIO HONDO GOLF COURSE EASEMENT FOR RECLAIMED WATER SERVICE WITH C EN T'R AL BASIN WATER DISTRICT Mr. Jarrett indicated that an agreement will soon be reached with the Central Basin Water District for an easement across the Golf Course in consideration of their financial participation with the installation of reclaimed water service. He mentioned specifics of the water line size and costs. Council Member Boggs asked that Council review the agreement prior to execution. It was moved by Council Member Boggs, seconded by Council Member Lawrence, and unanimously carried to authorize the City Manager to negotiate an agreement with Central Basin hater District for an easement across Rio Hondo Golf Course, with the final agreement returning to Council for review prior to execution. OTHER BUSINESS: CONSENT CALENDAR - ITEMS REMOVED BY COUNCIL APPROVAL: None. OTHER BUSINESS - Council Members KEEP DOWNEY BEAUTIFUL HOTLINE Council Member McCaughan noted there is some confusion for the public on who to call at City Hall to report neighborhood concerns. He requested approval to meet with City Departments to structure and streamline a more effective Keep Downey Beautiful Hotline similar to the successful Graffiti Hotline. Discussion ensued regarding working with staff and the Keep Downey ideas Committee in developing deas for a successful hotline. Mayor Brazelton recommended Council Member McCaughan discuss this matter with the City Manager and return with specific ideas for Improvement. PROPOSED DOW N EY MUNICIPAL CODE M ENDM EN T REGARDING PROHIBITED PARKING Council Member McCaughan stressed the need for modifications to the Downey Municipal Code regarding parking and storage in setback areas. He referenced the City of Artesia's Ordinance which specifically describes prohibited areas, i.e., lawn, front yard, etc. Council Member Lawrence noted that current laws exist to address this problem, and further restrictions could create a hardship on the property owner. Mr. Caton suggested conducting a study session to discuss this matter, after receiving input from staff and the Planning Commission. Council Member Boggs commented on a recent newspaper article that reported the Compton City Council raised their salaries to $33,000 per year, and compared this amount with the annual stipend received by the Downey City Council. Council Minutes 10/26/93 -10- Council Member Riley mentioned attending the YMCA/Rotary Breakfast this past weekend, and commented on seeing many staff members volunteering at the event. Council Member Riley noted her participation in the recent City litter clean -up activity sponsored by the Keep Downey Beautiful Committee, and recommended publicizing the commendable efforts of the youth involved. Council Member McCaughan concurred with publicizing the volunteer spirit of Downey citizens. Mayor Brazelton referenced a citizen complaint regarding the time lag involved in receiving requested DART barrels, and suggested DART stickers be sent out to citizens while they await their DART receptacles. Council Member McCaughan mentioned a question he received from a renter in Downey expressing concern about being permitted to participate in the Paramedic Subscription Program, and was informed that tenants, as well as property owners, are offered the opportunity of subscribing to the Program. OTHER BUSINESS - Staff Members Mr. Caton complimented W. Jarrett and his staff regarding their diligent work on the Golf Course Remodeling project. Mayor Brazelton conmeended the Planning Staff for the volueminous work done on the Woodruff Square Shopping Center. ADJOURNMENT: 10 25 p.m. The meeting was adjourned to 6:30 p.m., November 9, 1993, in the Council Chamber of the Downey City Hall . if 4661 ' / Br f 6 I ''' 1142t40 ilkiideAri ...--, A E. Donne 1, City Cierk 'o•ert . :raze to', 'a or ( - Council Minutes 10/26/93 -11- • MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING NOVEMBER 9, 1993 The City Council /Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:30 p.m., November 9, 1993, in the Council Chamber of the Downey City Hall, Mayor /Chairman Robert S. Brazelton presiding. PRESENT: Council Members /Commissioners : Robert S. Brazelton Mayor /Chairman Gary P. McCaughan, M.D. (arrived at 6:40 p.m.) Joyce L. Lawrence Diane P. Boggs ABSENT: Barbara J. Riley Mayor Pro Tem/Vice-Chairman (Excused) ALSO PRESENT: Gerald M. Caton, City Manager /Executive Director Peter M. Thorson, City Attorney Judith McDonnell, City Clerk /Secretary Lee Powell, Assistant City Manager Ron Irwin, Fire Chief Dennis Groat, Fire Marshal CLOSED SESSION Mayor /Chairman Brazelton announced the Council /Commission is recessing to Closed Session to discuss the following Sections of the Government Code: SECTION 54956.8 - Real Property Negotiations: 9066 -68 Firestone Blvd. Property owner: Community Development Commission SECTION 54956.9 - three subdivision (b) matters; SECTION 54957 - two personnel matters - labor negotiations . The meeting reconvened in open session at 7:40 P .m . with Counc i 1 Members /Commissioners McCaughan, Boggs, Lawrence and Brazelton present; Council Member/Commissioner Riley absent. There were no Closed Session actions to report. The meeting recessed at 7:40 p.m. ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 8:50 p.m. with Council Members /Commissioners McCau han Boggs La nce and Brazelton resent ; 9 � 99 � P Council Member /Commissioner Riley absent (see Oral Communications under Regular City Council Meeting) and recessed at 8:53 p.m. Council /Community Dev. Comm. Minutes (Adj.) 11/9/93 -1- { The meeting reconvened at 9:07 p.m. with Council Members /Commissioners McCaughan, Boggs, Lawrence and Brazelton present; Council Member/Commissioner Riley absent. ADJOURNMENT: 9:07 p.m. 1 44 sv /J d ith E. McDonnel ,City Clerk/ 'obert S. Brazelt• ; , Mayor/ ( , ,, ecretary - Chairman Council /Community Dev. Comm. Minutes (klj.) 11/9/93 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 9, 1993 TAOBLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Certificates of Reappointment - Design Review Board 1 Certificate of Appreciation to Eagle Scout Christopher nneh 1 Res. #5730 denying Appeal & approving Conditional Use Permit #93 -30 (Northeast corner of Woodruff Ave. & Imperial Hwy. - Woodruff Square) Adopted 4 Res. #5731 denying Appeal & approving Zone Variance #93 -31 (Northeast corner of Woodruff Ave. & Imperial Hwy. - Woodruff Square) Adopted 4 Sylvia Granados introduced herself as area represen- tative for Southern California Edison Co. 5 Lee Cook requested notification of residents near Wilderness Park when Council considers Rose Float construction site at Park 5 Items Removed from Consent Calendar 5 Council Minutes: Adj. & Regular Mtgs., 10/26/93 Approved 5 Warrants Issued: #70426 -70772 Approved 5 Res. #5732 approving appointment of Kenneth Beckner to Water Facilities Corporation - District 2 Adopted 5 Res. #5734 approving Amendment A -1 to State of California, Department of Transportation, District Agreement No. 4150 for Superseded Highaey Relinquish- ment Conventional Route 105 - Firestone Blvd. Adopted 5 Ord. #969 approving change of zone for 9.2 acre site located at northeast corner of Imperial Hwy. b Woodruff Ave. from R1 -5000 (Single Family Residential) to C -2 (General Commercial) - Zone Change #93 -29 Adopted 6 Ord . #970 approving Woodruff Square Development Apt. betw. City of Downey & Downey /Koll Ltd. Partnership Adopted 6 Agreement with South Gate Police Dept. to provide housing for Downey prisoners Approved 6 Res. #5733 establishing policy for destruction of certain obsolete records (Police Dept.) Adopted 6 Page 1 of 2 • COUNCIL MINUTES, NOVEMBER 9, 1993 TABLE OF MINUTE ACTIONS (CONTINUED ) SUBJECT ACTION PAGE NO. Cn. Lawrence thanked staff for installation of track lighting in back of Council Chamber above Agenda packet table 7 Cn. Lawrence re attendance at G.O.O.D. Youth Program Day & acknowledged participation of City Departments & community groups 7 Cn. Boggs expressed support of Cou nc i l Member McCaughan's efforts to maintain quality of buildings & housing stock through Code Enforcement 7 Cn. McCaughan re attendance at G.O.O.D. Youth Program Day & complimented the participating organizations 7 Cn. McCaughan re letter received from concerned residents near Wilderness Park regarding proposed Rose Float construction site at Park 7 Mayor Brazelton concurred with the need for Code Enforcement 7 Mr. Caton announced Fire Dept. will be presenting report on recent brush fire activities at next Counci 1 meeting 7 Adjourned in Memory of Rick Lively, longtime Downey businessman, and Paul Francis Johnson, nephew of City Employee Beverley Lauzon 7 Meeting adjourned to 6:30 p.m., November 23, 1993 7 Page 2 of 2 o r 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 9, 1993 The City Council of the City of Downey held a regular meeting at 7:45 p.m., November 9, 1993, in the Council Chamber of the Downey City Hall, Mayor Robert S. Brazelton presiding. PRESENT: Council Members: Robert S. Brazelton Mayor Gary P. McCaughan, M.D. Joyce L. Lawrence Diane P. Boggs ABSENT: Barbara J. Riley Mayor Pro-Tem (Excused) ALSO PRESENT: Gerald M. Caton, City Manager Peter M. Thorson, City Attorney Judith McDonnell, City Clerk /Treasurer Lee Powell, Assistant City Manager Gregory Caldwell, Police Chief Ron Irwin, Fire Chief Jim Jarrett, Director of Community Services Richard Redmayne, Director of Public Works Lowell W i l l i a m s , Director of Finance Dennis Groat, Fire Marshal June Yotsuya, Assistant to the City Manager Ron Yosh iki , Asst. Comm. Dev. Director /City Planner Robert Brace, City Engineer John Finch, Police Lieutenant Bonnie Kehoe, Recreation Manager Mark Sellheim, Principal Planner Cindi Lee, Executive Secretary PRESENTATIONS Mayor Brazelton presented Certificates of Re- appointment to Gilbert Fiores, Gloria Reed, and Frank T.C. Wei to the Design Review Board. Mayor Brazelton presented a Certificate of Appreciation for Eagle Scout achievement to Christopher William Ma nneh , Troop No. 433. HEARINGS Council Member Lawrence advised she will be abstaining from considering the Appeal regarding the Woodruff Square Shopping Center, as her residence is in the vicinity of the proposed project, and vacated her seat, accordingly. Mayor Brazelton opened the p p u b l i c hearing on APPEAL, CONDITIONAL USE PERMIT NO. 93-30 AND ZONE VARIANCE NO. 93-31, REGARDING PROPOSED WOODRUFF SQUARE SHOPPING CENTER LOCATED AT THE NORTHEAST CORNER OF IMPERIAL HIGHWAY MD WOODRUFF AVENUE. Council Minutes 11/9/93 -1 • » kir Ms. McDonnell affirmed receipt of the proof of publication. It was moved by Council Member Boggs , seconded by Council Member McCaughan, and so ordered to receive and file the proof. Mr. Yoshiki summarized the staff report, noting the Appeal involves approvals for the combined mini - mart /service station and waiving of certain requirements of the Downey Municipal Code relating to heights, setbacks, and distance between uses. He narrated a brief slide presentation, including an aerial map depicting the subject site and surrounding areas, zoning map, and site plan for the 9.2 acre shopping center complex. Even though the Downey Municipal Code requires a 1,000 foot separation between a school , park or another combined service station and convenience market, cities are precluded by State law from denying approval of a project on the basis of the sale of alcoholic beverages at the facility. The applicant could avoid the requirement by establishing the service station and convenience market in two separate buildings, but prefers to consolidate uses to optimize site circulation and parking efficiency. No correspondence had been received on the matter. Mayor Brazelton outlined parameters for taking public comments. At Mayor Brazelton's request, Mr. Thorson read pertinent Sections of the Downey Municipal Code outlining conditions and findings that must be legally declared to grant a Conditional Use Permit or Zone Variance. Mayor Brazel ton asked if there was anyone present who wished to speak in favor of the Conditional Use Permit and Zone Variance. Mr. Kevin De ighan , Vice President of the Koll Company, 515 S. Figueroa, Suite 750, Los Angeles, introduced Dr. Edward Sussman, Superintendent, Downey Unified School District, and Mr. Gary Simning, representing Atlantic Richfield Company, to speak on behalf of the project. Mr. Gary Simning, Atlantic Richfield Co. (ARCO), 17315 Studebaker Rd., Cerritos, discussed the merits of the project, including sufficient area for circulation and high volume traffic from Imperial Highway and Woodruff Avenue. There is a large parking lot and major traffic intersection in this commercially zoned area which separates the nearby church and the ARCO facility. He discussed ARCO's proactive approach to potential problems, such as employee training awareness programs, and the Company's policy of prohibiting video games and pornography sales at the site. He mentioned ARCO's involvement in the national Alcohol Action Awareness Program, and a letter of support for ARCO operations from Los Angeles County Sheriff Sherman Block. Dr. Edward Sussman, Superintendent, Downey Unified School District, 11627 Brookshire Ave., noted the School District does not condone or tolerate the use of alcoholic beverages at any school site. He referenced the many alcohol awareness education programs at the schools, i .e., Students Against Drunk Driving. The K o l l Company is known for developing quality projects such as the proposed shopping center, which will financially assist the School District in refurbishing schools. Council Minutes 11/9/93 -2- 00'24 There being no one else to speak in favor, Mayor Brazelton asked if ti ~e was anyone wishing to speak in opposition to the granting of the Conditions Use Permit and Zone Variance. Mr. Scott Edwards, Principal of Calvary Chapel Christian School, read excerpts from California State Department of Alcohol and Drug Program literature, citing statistics involving alcohol related deaths and arrests, and adverse effects on young people. He commented on the purpose of implementing the 1,000 foot separation requirement, and asked that some type of report be conducted on crime related to alcohol and minors, prior to approving this project. Mr. Kevin Young, Deputy District Attorney, County of Los Angeles, and Member of the Calvary Chapel Christian School Board, requested clarification of the State law pre-empting local regulations regarding the 1 ,000 foot separation requirement, since he was unable to locate the statute. He expressed concern with the proximity of selling alcohol near a church facility, noting the parking lot is used by the School for athletic functions during the day, making the site an integral part of the campus. He noted potential problems with young people loitering around a store open 24 hours, citing a similar mini -mart near Bellflower High School experiencing loitering problems. He questioned whether special conditions exist for granting the Variance, and urged denial of the project. Mr. Victor Levi, 5450 Slauson, #117, Culver City, noted he represents neighboring residents whose names were submitted on a petition at the Planning Commission hearing in opposition to the project. The main concern of the homeowners is the quality of life and affects of traffic and crime in the area. He questioned the Police Department's study referenced in the Environmental Impact Report, regarding the lack of significant or adverse criminal affects caused by this type of facility, and voiced concern that additional traffic generated by the shopping center would overload the intersection of Woodruff Avenue and Imperial Highway, which is already at peak capac ity. There being no one else to speak in opposition, Mayor Brazelton asked the applicant if he wished to rebut. Mr. Gar y 9 spoke regarding Si mn ing s oke re and in the studies conducted on the correlation between gas station /mini -mart combination facilities and various types of crimes. He reiterated the Company's record regarding its proactive stance against crime, and compared his establishment with the large grocery store selling beer, wine and hard liquor which will also be part of the shopping center. ARCO realizes the Conditional Use Permit is a privilege which can be revoked if Ordinance specifications are not followed. It was moved by Council Member McCaughan, seconded by Council Member Boggs, and so ordered to close the public hearing. RESOLUTION NO. 5730 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND APPROVING CONDITIONAL USE PERMIT NO. 93-30 FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF WOODRUFF 00 AV ENUE AND IMPERIAL HIGIIJAY Council Minutes 11/9/93 -3- The Resolution was read by title only. It was moved by Council Member Boggs, seconded by Council Member McCaughan, and carried by the following vote to waive further reading and adopt: AYES: 3 COUNCIL MEMBERS: McCaughan, Boggs, Brazelton ABSENT: 1 COUNCIL MEMBERS: Riley ABSTAIN: 1 COUNCIL MEMBERS: Lawrence Prior to the foregoing vote, Council Member McCaughan commented on the basis for establishing the 1,000 foot rule as a means to govern the newly developing combination gas station /mini marts at that time. Loitering laws must be enforced by retailers or, if necessary, handled by Ibwney's Public .� Safety agencies. He mentioned that although traffic would increase, other developments have been approved with similar traffic conditions and been very successful. This applicant should not be denied opportunities granted to other businesses. Council Member Boggs concurred, noting that alcohol is a social problem that must be controlled through family education and community awareness. Imperial Highway is a busy thoroughfare that will deter children from crossing g t o get to the convenience nce market. She expressed support for the project, a s the shopping center will be beneficial to the City, School District and residents. At the request of Mayor Brazelton, Mr. Thorson elaborated on the State laws pre - empting local regulations regarding the sale of alcohol . Mayor Brazelton stressed that although he does not condone the sale of alcohol to minors, approval of the project cannot be denied based on the sale of alcohol within the facility. He expressed support of the project based on the existence of elements and findings necessary for granting the Conditional Use Permit and Zone Variance. RESOLUTION NO. 5731 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APEAL AND APPROVING ZONE VARIANCE NO. 93-31 FOR PROPERTY LOCATED AT THE NOR TN EAST CORNER OF WOODRUFF AVENUE AND IMPERIAL H IG iW AY (WOODRUFF SQUARE) The Resolution was read by title only. It was moved by Council Member Boggs, seconded by Council Member McCaughan, and carried by the following vote to naive further reading and adopt: AYES: 3 COUNCIL MEMBERS: McCaughan, Boggs, Brazelton ABSENT: 1 COUNCIL MEMBERS: Ri ley ABSTAIN: 1 COUNCIL MEMBERS: Lawrence Council Member Lawrence resumed her seat at this time. The meeting recessed at 8:45 p.m. and reconvened at 8:50 p.m. with Council Members McCaughan, Boggs, Lawrence and Brazelton present; Council Member Riley absent. Council Minutes 11/9/93 -4- • ORAL COMMUNICATIONS Ms. Sylvia Granados, Public Affairs Manager for Southern Calif+. is Edison Company, introduced herself as the representative for this area ai mentioned she is looking forward to working with the City of Downey. Mr. Lee Cook, 10935 Little Lake Road, requested that surrounding residents of Wilderness Park be notified when Council considers permitting the Rose Float Association to use the Park for float construction. CONSENT CALENDAR - ITEMS FOR REMOVAL Council Member McCaughan requested removal from the Consent Calendar of Agenda Item VI-E-1, AG R EEM EDI T WITH SOUTH GATE POLICE D E PAR'1N EN T FOR NE HOUSING OF PRISONERS, and Agenda Item VI-F-2, RESOLUTION APPROVING DESTRUCTION OF CERTAIN OBSOLETE POLICE RECORDS. CONSENT CALENDAR SEN AL AR It was moved by Council Member Boggs, seconded by Council Merrier Lawrence, and unanimously carried by the Members present to waive further reading of the Resolutions and approve the reminder of the Consent Calendar as recommended: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS - OCTOBER 26, 1993: Approve. WARRANTS ISSUED: NO. 70426 - 70772, $1,558,050.54: Approve. RESOLUTION NO. 5732 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF KENNETH BECKNER TO THE WATER FACILITIES CORPORATION FOR COUNCILNNIIC DISTRICT TWO R ESO LU TI O N NO. 5734 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE MENDMENT A-1 TO STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, DISTRICT P6 REElM ENT NO. 415 0 FOR SUPERSEDED HIGHWAY RELINQUISHMENT CONVENTIONAL ROUTE 105 - FIRESTONE BOULEVARD ORD IHAHC ES NOT SET FORTH ABOVE: Council Member Lawrence advised she will be abstaining from voting on the following Ordinances regarding the proposed Woodruff Square Shopping Ce me r due to a potential conflict of interest, and vacated her seat, accordingly. ORDINANCE NO. 969 AN ORD IHAHC E OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A CHANGE OF ZONE FOR THE 9.2 -ACRE SITE LOCATED AT THE NDR TH EAST CORNER OF IMPERIAL HIGHWAY AND WOODRUFF AVENUE, DOW NEY , FROM R1 -5000 (SINGLE FMILY RESIDENTIAL) TO C -2 (GENERAL COMMERCIAL) AND APPROVING AN OM ENDM EN T TO THE OFFICIAL ZONING MAP OF THE CITY OF DOW NEY , ADOPTED BY SECTION 9106.06 (ZONE CHANGE NO. 93-29) Council Minutes 11/9/93 -5- • II A .w+ ad 4 The Ordinance was read by title only. It was moved by Council Member Boggs, seconded by Council Member McCaughan, and carried by the following vote to waive further reading and adopt: AYES: 3 COUNCIL MEMBERS: McCaughan, Boggs, Brazelton ABSENT: 1 COUNCIL MEMBERS: Riley ABSTAIN: 1 COUNCIL MEMBERS: Lawrence ORDINANCE NO. 970 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE WOODRUFF SQUARE DEVELOPMENT AG REEMENT BETWEEN THE CITY OF DOWNEY AND THE DOW NEY /KOLL LIMITED PARTN ERSH I P The Ordinance was read by title only. It was moved by Council Member Boggs, seconded by Council Member McCaughan, and carried by the following vote to waive further reading and adopt: AYES: 3 COUNCIL MEMBERS: McCaughan, Boggs, Brazelton ABSENT: 1 COUNCIL MEMBERS: Riley ABSTAIN: 1 COUNCIL MEMBERS: Lawrence Council Member Lawrence resumed her seat at this time. RESOLUTIONS NOT SET FORTH ABOVE: None. ADMINISTRATIVE REPORTS: None. OTHER BUSINESS: CONSENT CALENDAR - ITEMS REMOVED BY COUNCIL APPROVAL AG REEM ENT WITH SOUTH GATE POLICE D EPAR 1M EN T FOR THE HOUSING OF PRISONERS Council Member McCaughan complimented staff on this Agreement, noting the great financial savings for the City. He questioned City costs for prisoner incarceration, and was informed that Downey pays only the booking fee for a ac h prisoner. The State and County fund the remainder of the costs associated with prisoner retention. It was moved by Council Member McCaughan, seconded by Council Member Boggs, and unanimously carried by the Members present to authorize the Police _ Department to enter into an Agreement with the City of South (kite Police Department to provide housing for Downey prisoners, at a savings of over $6,000 per month. RESOLUTION NO. 5733 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING RESOLUTION NO. 5628 AND ESTABLISHING A POLICY FOR DESTRUCTION OF CERTAIN OBSOLETE RECORDS (POLICE DEPARTMENT) Council Member McCaughan questioned whether all legal timelines for retaining records had been considered, and was assured by Mr. Thorson that the Resolution satisfies all legal requirements for record retention. The Resolution was read by title only. It was moved by Council Member McCaughan, seconded by Council Member Lawrence, and unanimously carried by the Members present to waive further reading and adopt. Council Minutes 11/9/93 -6- �, • OTHER BUSINESS - Council Members Council Member Lawrence thanked staff for installing track lightin 9 in the back of the Council Chamber over the Agenda packet table. Council Member Lawrence noted her recent attendance at the Gangs Out of Downey (G.O.O.D.) Youth Program aay at Warren High School, and acknowledged participation of many City Departments and community groups. Council Member Boggs expressed support of Council Member McCaughan's efforts to maintain the quality of buildings and housing stock through Code .-� Enforcement, and asked those citizens in doubt of the need for Code Enforcement to meet with their Council representative to discuss the matter. Council Member McCaughan mentioned attending the G.0.0. D. Youth Program Day anti complimented those involved in organizing this successful activity which exhibited many of the the positive programs available in Downey for its young people. Council Member McCaughan noted receipt of a letter from concerned residents in the Wilderness Park area regarding the proposed Rose Float construction site at the Park, and asked to be kept apprised of any developments. Mayor Brazelton concurred with Council Member Boggs' comments regarding the need for Code Enforcement to maintain the high quality of l i f e in Downey. OTHER BUSINESS - Staff Members Mr. Caton announced that at the next Council Meeting, Fire Deartwent will be reporting on recent brush fire activities in which they were involved through the STRIKE Team. ADJOURNMENT: ENT: 9:07 p.m. The meeting was ad jou rned in aye m o ry of Rick Lively, longtime Downey businessman, and Paul Francis Johnson, nephew of City Employee Beverley Lauzon, to 6:30 p.m., November 23, 1993, in the Council Chamber of the Downey City Hall. (" ■■ AfAlf /404-'7- r , J i th E. Mc Don ne l 1 ,- City Clerk Robert S. : raze 1 ton , ayo r Council Minutes 11/9/93 -7- • 1 MINUTES OF THE CITY COUNCIL /COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING NOVEMBER 23, 1993 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:30 p.m., November 23, 1993, in the Council Chamber of the Downey City Hall, Mayor /Chairman Robert S. Brazelton presiding. PRESENT: Council Members/Commissioners: Robert S. Brazelton Mayor/Chairman Barbara J. Riley Mayor Pro Tem /Vice - Chairman Gary P. McCaughan, M.D. Joyce L. Lawrence Diane P. Boggs ALSO PRESENT: Gerald M. Caton, City Manager /Executive Director Peter M. Thorson, City Attorney Judith McDonnell, City Clerk /Secretary Lee Powell, Assistant City Manager CLOSED SESSION Mayor /Chairman Brazelton announced the Council /Commission is recessing to Closed Session to discuss the following Sections of the Government Code: SECTION 54956.9 - one subdivision (b) matter; SECTION 54957 - three personnel matters - labor negotiations. The meeting reconvened in open session at 7:30 p.m. with all Council Members /Commissioners present. There were no Closed Session actions to report. The meeting recessed at 7:30 p.m. ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 8:35 p.m. with all Council Members /Commissioners present (see Oral Communications under Regular City Council Meeting) and recessed at 8:37 p.m. The meeting reconvened at 9:02 with all Council Members /Commissioners present. ADJOURNMENT: -9:02 p.m. ,/ i J/ i t Lt L �...1/ % ∎Itti ■1/ Ar udith E. McDonnel City Clerk / R••ert S. Brazelton, . or/ ecretary Chairman Council/Community Dev. Comm. Minutes (Adj.) 11/23/93 -1- II' MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 23, 1993 TAILE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Certificate of Reappointment 1. Slide presentation by Fire Dept. re recent brush fire activities in Southern C a l i f o r n i a 1 ' irrevocable Res. #5735 ordering vacation of rr ocable offer of v dedication -- westerly from Rives Ave. at Brookpark Rd. 2 Items Removed from Consent Calendar 2 Counci 1 Minutes : Adj. & Regular Mtgs., 11/9/93 Approved 2 Res. #5736 approving °rogram Supplement #30 to City of Downey /State Agreement #07 -5334 for construction of street improvements Adopted 3 Warrants Issued: #70773-71153 "pproved 3 Appeal, Tentative Parcel Map #23809 /Zone Variance #93 -57 p (13032 Bar lin Ave.) Set Hrg. 12/14/93 3 City loan of $300,000 to Redevelopment Agency: Operative Agreement #20 for Woodruff Project Area Approved 3 City loan of $300,000 to Redevelopment Agency: Operative Agreement #21 for Firestone Project Area Approved 3 Proposed Comprehensive Housing Affordability Strategy (CHAS) Set Hrg. 12/14/93 3 Res. 5740 reciting fact of Special Municipal Election # g p p held in City of Downey on November 2, 1993 & declaring result thereof Adopted 3 Res. #5741 designating Di nw i dd ie St. & Ryerson Ave. as all-way stop intersection Adopted 4 Fixed Route Transit System: Award contract to Mayflower Contract Services, Inc. Cont. to 12/14/93 4 Joel Lubin re cable-casting Council Mtgs.; changing Downey Library's hours to match Cerritos Library; i it issue c h a l l e n g i n g term 1 m t next Council election 5 a Recognition of three members of Boy Scout Troop #2 - Downey United Methodist Church 5 Pagel of3 COUNCIL MINUTES, NOVEMBER 23, 1993 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #5742 approving Memorandum of Understanding re Southeast Cities Against Narcotics (S.C.A.N.) Ado ted p 5 Res. #5737 rescinding portion of Res. #599 restricting parking to two hours on west side of Old River School Rd. between Firestone Blvd. & Firestone P1. Adopted p 6 Res. #5738 establishing two hour parking restriction from 7:00 AM to 6:00 PM, & prohibiting parking at all times of vehicles six feet or more in height on west side of Old River School Rd. from Dinwiddie St., southerly 100 feet Adopted 6 Res. #5739 prohibiting stopping at all times on west side of Old River School Rd. from Firestone Blvd., northerly 180 feet Adopted 6 Cn. Lawrence re cable-casting Council 1 i g Meet ngs 6 Cn. Lawrence re publishing list of dates City Hall is closed in 1994 6 Cn. Lawrence with awrence re different ways of communicating wi y 9 public in 1994 6 Cn. Lawrence re 10th anniversary of opening of new City Hall /Police Dept. & suggested Open House to commemo ra to event 6 Cn. Lawrence re conducting workshop to assist residents in working together to solve Code Enforcement problems 6 Cn. Lawrence re need for maintenance at bus shelters 6 Cn. Boggs re projection of expenditures /revenues at mid -year budget review 6 Cn. Boggs invited public to drive Hoover St. in L.A., to see need for Code Enforcement 6 Cn. Riley re negative remarks about California heard out -of- state; positive comments re firefighters' efforts in dealing with California firestorms 6 Cn. McCaughan concurred with cable - casting Council Meetings 6 Cn. McCaughan re new ways of communicating with residents about Council actions 7 Page 2 of 3 r - COUNCIL MINUTES, NOVEMBER 23, 1993 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cn. McCaughan re positive community actions resulting from negative comments 7 Mayor Brazelton re positive future ahead for Downey 7 positive or Brazelton re ositive comments received from Y public regarding p 9 9 City Staff 7 Meeting adjourned to 6:30 p.m., December 14, 1993 7 i Page 3 of 3 { MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 23, 1993 The City Council of the City of Downey held a regular meeting at p. . 7:35 m , November 23, 1993, in the Council Chamber of the Downey City Hall, . Mayor Robert S. Brazelton presiding. PRESENT: Council Members: Robert S. Brazelton Mayor Barbara J. Riley Mayor Pro - Tem Gary P. McCaughan, M.D. Joyce L. Lawrence Diane P. Boggs ALSO PRESENT: Gerald M. Caton , City Ma na g er Peter M. Thorson , City Attorney Judith McDonnell , City Clerk/Treasurer Lee Powell, Assistant City Manager Gregory Caldwell, Police Chief Jim Jarrett, Director of Community Services Art Ra ngel , Director of Econ. & Community Development Richard Redmayne, Director of Public Works Lowell Williams, Director of Finance Dennis Groat, Fire Marshal June Yot s uya , Assistant to the City Manager Terry Pruitt, Police Lieutenant Ron Yoshiki, Asst. Comm. Dev. Director /City Planner Robert Brace, City Engineer Ed Ve l a sc o , Housing Manager Cindi Lee, Executive Secretary PRESENTATIONS Council Member Riley presented a Certificate of Appointment to Kenneth Beckner - Water Facilities Corporation, District 2. Fire Marshal Groat presented a slide presentation depicting Downey Fire Department and surrounding agencies' efforts in combatting the recent brush fires in Southern California. Mr. Caton congratulated Fire Marshal Groat on being selected as the new Fire Chief for Manhattan Beach. The City Council commended the Fire Department for its assistance in fighting brush fires in the area. HEARINGS Mayor Brazelton opened the public hearing on VACATION NO. 169, WESTERLY FROM RIVES AVENUE AT BROOKPARK ROAD, which was continued from the Council Meeting of October 26, 1993. Council Minutes 11/23/93 -1- 3 0 Ms. McDonnell affirmed receipt of the affidavit of posting of notice and proof of publication, which was so ordered to receive and file. Mr. Redmayne summarized the staff report, explaining the original intent was to extend the street through this area at a fu to re date. Since commercial developments have been established in the surrounding area, the need no longer exists to extend Brookpark Road westerly toward the commercial uses. The vacation would afford the residential neighborhood protection from possible negative traffic impacts of surrounding commercial developments,: and release the restriction from the property. .-� No correspondence had been received on the matter. Mayor Brazelton asked if there was anyone present wishing to speak regarding the proposed vacation. Mr. Michael Garcia, currently residing at the subject location (8547 Rives Ave.), asked to be relieved of the encumbrance on the property. Mr. Zahur Ahmid, 22414 Juliett Ave., Hawaiian Gardens, owner of the subject property, requested approval of the proposed vacation to alleviate any restrictions on the site. There being no one else to speak regarding this matter, it was moved by Council Member Lawrence, seconded by Council Member Boggs , and so ordered to close the public hearing. RESOLUTION NO. 5735 A R ESO LU TI O N OF THE CITY COUNCIL OF THE CITY OF DOW N EY ORDERING VACATION OF THE IRREVOCABLE OFFER OF DEDICATION (FUTURE STREET) WESTERLY FROM RIVES AVENUE AT BROOKPARK ROAD The Resolution was read by title only. It was moved by Council Member Boggs, seconded by Council Member Lawrence, and unanimously carried to waive further reading anti adopt. CONSENT CALENDAR - ITEMS FOR REMOVAL Council Member Boggs requested removal from the Consent Calendar of Agenda Item VI-F-1, MODIFY PARKING RESTRICTIONS: WEST SIDE OF OLD RIVER SCHOOL ROAD - DINWIDDIE STREET TO FIRESTONE BOULEVARD. Council Member Riley advised she w i l l abstain from voting on Agenda Item VI-A-1 and 2, CITY COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, NOVEMBER 9, 1993. CONSENT CALENDAR It was moved by Council Member Lawrence, seconded by Council Member McCaughan, and unanimously carried to waive further reading of the Resolutions and approve the reminder of the Consent Ca le nallar as recommended (Council Member Riley abstained from voting on the Minutes): COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS - NOVEMBER 9, 1993: Approve. Council Minutes 11/23/93 - 2- C S RESOLUTION NO. 5736 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. 30 TO TM E CITY OF DOW NEY / STATE AGREEMENT NO. 07 -5334 FOR THE CONSTRUCTION OF STREET IMPROVEMENTS PURSUANT TO THE I NTERM ODAL SU RFAC E TRANSPORTATION EFFICIENCY ACT WARRANTS ISSUED: NO. 70773 - 71153, $973,941.18: Approve. APPEAL, TENTATIVE PARCEL MAP NO. 23809 AND ZONE VARIANCE NO. 93-57, FOR PROPERTY LOCATED AT 13032 BARLIN AVENUE: Set Hearing for 7:30 p.m., Dec eot er 14, 1993, in the Downey City Council Chamber. CITY LOAN OF $300,000 TO REDEVELOPMENT AGENCY: OPERATIVE AGREEMENT NO. 20 FOR WOODRUFF PROJECT AREA: Approve. CITY LOAN OF $300,000 TO REDEVELOPMENT AGENCY: OPERATIVE AGREEMENT NO. 21 FOR FIRESTONE PROJECT AREA: Approve. PROPOSED COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) : Set Hearing for 7:30 p.m., December 14, 1993, in the Downey City Council Chamber. RESOLUTION NO. 5740 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOW N EY , CALIFORNIA RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION CONSOLIDATED WITH THE SPECIAL STATEWIDE ELECTION HELD IN SAID CITY OF DOWNEY ON THE 2ND DAY OF NOVEMBER, 1993, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW ORDINANCES NOT SET FORTH ABOVE: None. R ESO LU TI O NS NOT SET FORTH ABOVE RESOLUTION NO. 5741 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOW N EY DESIGNATING DINWIDDIE STREET AND RYERSON AVENUE AS AN ALL -WAY STOP INTERSECTION Mr. Redmayne summarized the staff report , noting a request was received through the Traffic Committee to install stop signs at the intersection of Dinwiddie Street and Ryerson Avenue. A traffic survey conducted at the location indicated none of the standard State warrants were met at this site for installation of stop signs. Based on increased traffic risks at unwarranted stop signs, staff is recommending denial of the request. The Traffic Committee cited special conditions in the area as the basis for its recommendation to install four -way stop signs for a six month trial period. Council Member Boggs asked that copies of Minutes of the Advisory Committee, including discussion and vote on the matter, be included for Cou nc i l 's review o f these cases in the future. Council Minutes 11/23/93 -3- t t, Council Member Lawrence asked if residents in the area were aware this issue would be addressed tonight. Mr. Redmayne replied residents were notified about this matter at the Traffic Committee Meeting. Council Member Lawrence expressed support of installing the stop signs on a trial basis, noting that special circumstances warrant some type of preventative measure. Mr. Joel Lubin, 7820 Allengrove St., questioned the reference to a registered traffic engineer in the staff report, and was informed that a ,...� registered traffic engineer consultant supplied information on this matter. The Resolution was read by title only. It was moved by Council Member Lawrence, seconded by Council Merrier Boggs, and carried by the following vote to waive further reading and adopt: AYES: 4 COUNCIL MEMBERS: McCaughan, Riley, Boggs, Lawrence NOES: 1 COUNCIL MEMBERS: Brazelton ADMINISTRATIVE REPORTS FIXED ROUTE TRANSIT SYSTEM: AWARD CONTRACT TO MAYFLOWER CONTRACT SERVICES, INC. Mr. Jarrett summarized the staff report, discussing the evaluation elements followed in determining the appropriate service provider for the City's fixed route transit system. After conducting interviews with three competing transportation firms, it was the consensus of the interview panel that Mayflower Contract Services had budgeted for the greatest level of service. Upon completion of reference checks on Mayflower Contract Services wherein other Cities and agencies ranked their work as well above average, staff is recommending Council award the fixed route transit system contract to Mayflower at a first year cost of $458,157 to be funded from Proposition C monies. --■ Council Member Lawrence inquired about the methods used for monitoring community acceptance and promoting ridership, and was informed that Staff will work with the transit company in developing promotional materials, drawing on their successful experience in this field. Council Member Boggs expressed concern with approving a contract prior to its presentation to Council in final form. Council Member McCaughan commented that funding this project from Proposition C monies will encumber Proposition A funds for other purposes, thus lowering the amount of Proposition A funds available for sale during the next fiscal year. The development of the transit system is costly compared to the number of citizens that will benefit from its use. Mayor Brazelton agreed that although ridership is unknown at this time, the transit system should be implemented and monitored for success. Council Merrier Boggs requested continuance of this item to allow time for a completed contract to be presented to Council. Council Minutes 11/23/93 -4- ,' f ±r}} ' �.J Mayor Brazelton directed staff to return the completed contract with Mayflower at the next Council meeting for consideration. ORAL COMMUNICATIONS Mr. Joel Lubin, 7820 Allengrove St., favored cable- casting Council meetings, and matching Downey Library's hours of operation with those of the Cerritos Library. He commented on challenging the issue of term limits at the next City Council election. Mayor Brazelton recognized three members of Boy Scout Troop #2 from Downey United Me th od is t Church, in the audience. ADMINISTRATIVE REPORTS (Continued) RESOLUTION NO. 5742 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A MEMORANDUM OF UNDERSTANDING (M.O.U.) RELATING TO SOUTHEAST CITIES AGAINST NARCOTICS (S.C.A.N.) Chief Caldwell summarized the staff report, explaining the Downey Police Department has participated in several large narcotic task force operations, including Los Angeles Inter - Agency Metropolitan Police Apprehension Crime Task Force IMPACT). S. C. A. N. focuses on local drug distributors ibuto rs o era tin in u (LA ) 9 operating the southeast Los Angeles County area, and participation in this program will greatly benefit Downey residents. Council Member McCaughan discussed specifics of the M.O.U. regarding positions on the Task Force, distribution of assets, City liability, and authorization to change the M.O.U. Council Member Boggs commented on the need for coordinated efforts among cities to deal with narcotic problems. The Resolution was read by title only. It was moved by Council Member •--. Lawrence, seconded by Council Member Boggs, and unanimously carried to waive further reading and adopt. OTHER BUSINESS: CONSENT CALENDAR - ITEMS REMOVED BY COUNCIL APPROVAL RESOLUTION NO. 5737 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING THAT PORTION OF RESOLUTION NO, 559 RESTRICTING PARKING TO 1W 0 HOURS ON THE WEST SIDE OF OW RIVER SC HOO L ROAD BETWEEN FIRESTONE BOULEVARD AND FIRESTONE PLACE RESOLUTION NO. 5738 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOW N EY ESTABLISHING A TWO -HOUR PARKING RESTRICTION FROM 7:00 A.M. TO 6:00 P.M., AND PROHIBITING PARKING AT ALL TIMES OF VEHICLES SIX FEET OR MORE IN HEIGHT ON THE WEST SIDE OF OLD RIVER SCHOOL ROAD FROM DINWIDDIE STREET SOUTHERLY 100 FEET Council Minutes 11/23/93 -5- t; 3 4 RESOLUTION NO. 5739 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING STOPPING AT ALL TIMES ON THE WEST SIDE OF OLD RIVER SCHOOL ROAD FROM FIRESTONE BOULEVARD NORTHERLY 180 FEET Council Member Boggs reiterated her request to review the advisory committee's comments on matters they recommend to Council in the future. Mr. Brace noted the Traffic Committee voted unanimously to recommend deletion of the parking restriction on Old River School Road. The Resolutions were read by title only. It was moved by Council Member Boggs, seconded by Council Member Lawrence, and unanimously carried to waive further reading and adopt. OTHER BUSINESS - Council Members Council Member Lawrence requested staff address the possibility of cable - casting Council meetings at the mid-year budget review, and investigate methods used by Bellflower for televising their Council meetings. Council Member Lawrence asked staff to publish a list of dates City Hall will be closed in 1994 for public information, via the Downey Communicator or water bill enclosure. Council Member Lawrence commented on recent articles written about the role and public perception of City Government, and requested staff review different ways of communicating with the public in 1994. Council Merrier Lawrence mentioned the upcoming tenth anniversary of the opening of the new City Hall and Police Department, and suggested having an open house to commemorate the event. Council Member Lawrence recommended staff conduct a workshop on assisting residents in working together to solve Code Enforcement issues in their { neighborhood . Council Member Lawrence commented on the need for maintenance at bus shelters throughout the City. Council Member Boggs requested staff provide a projection of expenditures and revenues at the upcoming mid-year budget review. Council Member Boggs invited the public to drive along Hoover Street in 99 P 9 Los Angeles to understand the importance of Code Enforcement in a City. Council Member Riley discussed negative remarks about California heard during her recent trip out-of-state, but noted positive comments received about firefighters' courageous efforts in dealing with California's firestorms. Council Member McCaughan concurred with reviewing the possibility of cable-casting Council Meetings. Council Minutes 11/23/93 -6- 9t"'.� t, `1 Council Member McCaughan suggested new ways of communicating with residents regarding Council actions. Council Merrier McCaughan mentioned that positive coniiunity actions often result from negative cone nts . Mayor Brazelton commented that although Downey has faced difficult economic times in the past, the future looks positive in many ways, i.e. business retention and attraction programs. Mayor Brazelton noted positive remarks received from the public regarding City staff . OTHER BUSINESS - Staff Members: None. ADJOURNMENT: 9:02 p.m. The meetin g was adjourned to 6.30 p.m., Dec ember 14, 1993, in the Council Chamber of the Downey City Hall . ud i th E. McDonnell , City Clerk Ro . -' t S. B 'az e l t on , • ayo r Council Minutes 11/23/93 -7- MINUTES OF THE 6 CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 28, 1993 A Regular Meeting of the City Council of the City of Downey was called to order at 7:30 p.m., December 28, 1993 in the Council Chamber of the Downey City Hall, and adjourned due to a lack of quorum to 6:30 p.m., January 11, 1994 in the Council Chamber of the Downey City Hall. O rs ith E. McDonnell, City Clerk { Council Minutes 12/28/93 MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOW NEY ADJOURNED REGULAR MEETING DECEMBER 14, 1993 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:30 p.m., December 14, 1993, in the Council Chamber of the Cowney City Hall, Mayor /Chairman Robert S. Braze lton presiding. PRESENT: Council Members /Commissioners : Robert S. Braze lton Mayor/Chairman Barbara J. Riley Mayor Pro Tem /Vice -Chairman Gary P. McCaughan, M.D. (arrived at 6:35 p.m.) Joyce L. Lawrence Diane P. Boggs ALSO PRESENT: Gerald M. Caton, City Ma pager /Executive Director Peter M. Thorson, City Attorney Judith McDonnell, City Clerk /Secretary Lee Powell, Assistant City Manager Art Rangel, Dir. of Economic and Community Development/ - Assistant Executive Director CLOSED SESSION Mayor/Chairman Brazelton announced the Council Commission is Y / recessing to Closed Session to discuss the following Sections of the Government Code: SECTION 54956.8 - Real property negotiations - 10700 Studebaker Rd. 1. Murata Family Agreement 2. Massey Cadillac/Chevrolet Negotiations SECTION 54956.9 - one subdivision (b) matter; SECTION 54957 - one personnel matter. The meeting reconvened in open session at 7:40 p.m. with all Council Members /Commissioners present. There we re no Closed Session actions to report. The meeting recessed at 7:40 p.m. ORAL COMMUNICATIONS C The meeting reconvened for Oral Communications at 9: p.m. with all Council Members /Commissioners present (see Oral Communications under Regular City Council Meeting) and recessed at 9:55 p.m. The meeting reconvened at 10:50 with all Council Members /Commissioners present. ADJOURNMENT: 10 :50 p.m. Arr 4:Ur% 44,6 i /� ,, ! �i 11 II u:igrAi AI i ,lud ith E. Mc Donne , City C erk/ •ob-rt S. :raze tow; Ma •'r/ ec r e to r y C a i r m a n Council/Community Dev. Comm. Minutes (Mj.) 12/14/93 -1- • MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 14, 1993 T A B L E O F MINUTE ACTIONS SUBJECT ACTION PAGE NO. Proclamation re Keyannette Week 1 Submittal of CHAS report to Department of Housing and Urban Development Approved 2 Appeal, Zone Variance #93 -57 & Tentative Parcel Continued to Map #23809 (13032 Barlin Ave.) 1- 11- 94 /Hrg. closed 5 William Ralph re problems with his retirement funds 5 Council Minutes: Adj . & Regular Mtgs., 11/23/93 Approved 5 Cash Contract #S. S. 446 - Citywide Sl u rry Seal: Approve extra work, accept slurry seal work done, & maintenance responsibility for improvements Approved 5 Warrants Issue' : #71154 —71635 Approved - 6 Carry Forward Appropriations - Communications equipment for Fire Command Vehicle Approved 6 Extension of Agreement with All City Ma nagement Services, Inc. - Crossing Guard Services for 6 mos. Approved 6 Contract with Rio Hondo Police Academy Firing Range to allow Downey Police & Fire to use Range to conduct firearm training and qualification Approved 6 Downey Mi n i c i pa l Code Amendment #93-64 re Off-street Hearing set Parking Standards 1 -11 -94 6 Res. #5743, apvg. reappt. of Joyce Lawrence to Board of Trustees - Southeast Mosquito Abatement District Adopted 6 Ord. repealing certain sections of Downey Minicipal P 9 Y P Code re various unconstitutional or preempted provisions of Code & amending certain sections of Downey Municipal Code re loitering, pawnbrokers, & secondhand dealers and models to conform to constitutional requirements Introduced 6 Res. #5744, endorsing SELAC Strategy & Recommend Actions to Regional Comprehensive Plan, to Support Completion of this Effort & Incorporate Core Strategy into Regional Comprehensive Plan Adopted 7 Reconvene Community D ment Commission for Joint Y P Session with City Council 7 Page 1 of 2 • • COUNCIL MINUTES, DECEMBER 14 , 1993 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Terminate proceedings for Redevelopment Plan Amendment #5B (I -5 Freeway /Florence Ave.) Approved 7 Recess of Community Development Commission 8 Establish date for mid -year Budget Review, FY 1993 -94 Set for 1 -25 -94 8 Unscheduled equipment purchase of Rap id Text Reporting Writing System & authorize implementation Approved 8 Purchase of two "Hurricane" Triple Combination Pumpers from Haaker Fire Equipment Co. Approved 8 Cn. Lawrence expressed best wishes for holidays & thanked City employees for hard work during past year 9 Cn. Boggs wished happy holidays to all & mentioned she will be returning with items she wants accomplished during her Council term 9 Cn. Riley re establishing Y Co mmu n i t Center in south Downey, & possible Police Substation located at same site 9 Cn. Riley re consideration of improvements on Imperial Hwy. in 1994 9 Cn. Riley re Alameda Corridor train traffic & requested installation of rubberized railroad crossings 9 Cn. Riley re PTA H. E. L. P. S. Program assisting poo r families this holiday season, & commended City employees for volunteering time to this cause 9 Cn. McCaughan re exciting new year in view of new and ongoing projects & suggested intregration of neighborhood services in 1994 9 Cn. Boggs re trip with Mr. Redmayne & Ms. Yotsuya as Members of L.A. County Drainage Alliance (LACDA) to Mississippi to view Experimental Waterways Station 9 Cn. Lawrence read press release re City's position on recent rally held at historical McDona ld's Drive-In, sponso red by L. A. Conservancy 9 Mayor Brazelton thanked City employees for their good work the past year during difficult economic times & expressed hope for a better financial future 9 J Ib' . Ca ton requested re port on status of wa ter loop system to m from ta b^ Redmayne y a t fu to re meeting 9 Page 2 of 2 • { 3 :7. . MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 14, 1993 The City Counci 1 of the City of Downey held a regular meeting Y Y Y e9 9 t a p. m . 7:44 p.m., December 14, 1993, in the Council Chamber of the Downey City Hall, . Mayor Robert S. Brazelton presiding. PRESENT: Council Members: Robert S. Brazelton Mayor Barbara J. Riley Mayor Pro-Tem Gary P. McCaughan, M.D. Joyce L. Lawrence Diane P. Boggs ALSO PRESENT: Gerald M. Caton, City Manager Peter M. Thorson, City Attorney Judith McDonnell , City Clerk Lee Powell, Assistant City Manager Gregory Caldwell, Police Chief Ron Irwin, Fire Chief Jim Jarrett, Director of Community Services Art Rangel, Director of Econ. & Community Development Richard Redmayne, Director of Public Works Lowell Williams, Director of Finance June Yotsuya, Assistant to the City Manager Ron Yoshiki, Asst. Comm. Dev. Director /City Planner Robert Brace, City Engineer John Finch, Police Lieutenant Ed Velasco, Housing Manager Bill Doebler, Principal Planner Cindi Lee, Executive Secretary PRESENTATIONS Mayor Brazelton presented a Proclamation declaring December 5 -11, 1993 as Keywa nnette Week to Carrie !by, President, Downey High Sc hoo l Keywa nnette s HEARINGS Mayor Brazelton opened the public hearing on COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) - 5 YEAR PLAN. Ms. McDonnell affirmed receipt of the proof of publication, which was so ordered to receive and file. E Mr. Rangel summarized the staff report, explaining the Department of Housing and Urban Development (HUD) requires the filing o f the CHAS report as a prerequisite to receiving Community Development Block Grant (CDBG) funds. This report serves as a planning document that identifies the City's overall needs for affordable housing and includes a strategy to address those needs. In June, 1993, Council approved a five year CHAS report which contained 1980 census information. HUD is now requiring submittal of an updated CHAS report, incorporating the 1990 census data. Council Minutes 12/14/93 -1- • , Mr. Ralph Castanada, of Castanada and Associates, discussed the Federal laws pertaining to updating the CHAS based on data received from the 1990 census. An informational meeting was held on September 30, 1993, to give the public an opportunity to review and make recommendations to the CHAS document. He commented on the reporting framework provided by HUD, including a detailed outline for content, instructions, and a compliance checklist. Other aspects of the CHAS report include a demographic profile, five year strategy to address priority needs regarding affordable housing, and the Annual Plan that documents actions of Council pertaining to the CHAS report. Modifications approved tonight w i l l be incorporated i n t o the CHAS report prior to submitting the document to HUD by the December 31, 1993 deadline. Mayor Braze lton asked if there was anyone present wishing to speak regarding this matter. Ms. Charlotte Lukes, Chairperson of the Project Area Subcommittee on Housing, 10409 Lesterford Rd., distributed letters to the Council containing the Subcommmittee's comments after reviewing the proposed CHAS document. Their remarks indicated top priority should be given to increasing the number of homeowners instead of subsidizing renters. She recommended the City work with the "Habitat for Humanity" organization in constructing affordable homes. In addition to discussing the issues of lead poisoning and the homeless population, Ms. Lukes proposed renumbering the priorities to reflect the Subcommittee's final review of the matter. Mr. Guy Sterner, 10303 Downey Ave., discussed the importance of home ownership as a foundation on which to build a successful community. He suggested financial assistance be available for the renter who attempts to become a homeowner, as home ownership encourages stability and security for a family unit. He concurred with a previous suggestion to work with the "Habitat for Humanity" organization to accomplish this endeavor. No correspondence had been received on the matter. There being no one else wishing to speak on this issue, it was so ordered to close the public hearing. It was moved by Council Member Boggs, seconded by Council Member McCaughan, and unanimously carried to authorize submittal of the CHAS report to the Qepartment of Housing and urban Development. Prior to the foregoing vote, Council Member McCaughan praised the report for focusing on the strengths of the community, including diversity and housing structure. In response to concerns expressed by the Project Area Subcommittee on Housing, he noted the priorities listed are not in any specific order, but are equally important. City funds are used to subsidize Rio Hondo Temporary Home in an effort to assit the homeless population. Federal programs exist to address the issue of lead poisoning. He commented on C o u n c i l ' s recent c en approval l o f the HOME Program that provides incentives pp g a prov es tax ncent ves to first time homebuyers. Council Member Riley discussed the issue of lead poisoning, noting she recently served on a committee studying lead content in pottery and pipes in older housing developments. She commended staff on a very informative report. Counci 1 Minutes 12/14/93 -2- Council Member Boggs clarified that all priorities listed are of equal value and noted the significance of the Project Area Committee concurring with the priorities. Home ownership is an achievement that involves ma ny social issues, i.e. steady employment. Educating the public on the dangers of lead poisoning is a necessity in understanding and solving this problem. The PTA H. E. L. P. S. Program and the Rio Hondo Temporary Home are both organizations that offer assistance to homeless people. Council Member Lawrence expressed support of working with the "Habitat for Humanity" organization, citing pride of home ownership, and asked staff to review this option. She also mentioned the recently approved HOME Nbrtgage Credit Certificate Program that encourages first time home buyers through tax incentives. Mayor Brazelton concurred with the importance of homeownership in the common ity. Mayor Brazelton opened the public hearing on APPEAL OF ZONE VARIANCE NO. 93-57 AND TENTATIVE PARCEL HAP NO. 23809 FOR PROPERTY LOCATED AT 13032 BAR LI N AVENUE. Ms. McDonnell affirmed receipt of the proof of publication, which was so _ ordered to receive and file. Mr. Rangel summarized the staff report, narrating a brief slide presentation of the subject and surrounding properties. The Zone Variance requested would approve reduced street frontage and certain building setbacks; the Tentative Parcel Map would subdivide a 12,800 square foot parcel into two single family residential lots. He discussed the Planning Commission's decision to approve the project based on special circumstances, i.e., the irregular shaped parcel resulting from the new I -105 Freeway construction. The Commission had expressed concern with the precedent- setting nature of this case. Staff recommends denial of the project based on the lack of findings necessary for approval. Discussion was held regarding lot ingress and egress, right-of-way, and 9 9 9 9 square footage of the property compared to the size of surrounding properties. No correspondence was received on this matter. Mayor Brazelton asked the applicant to come forward and present his case. Mr. Raymond Levert, 9009 Suva St., noted he was speaking on behalf of Eurila Enterprises Inc., a non - profit organization affiliated with a local church (La Mission de 1'Espirit Saint d'Eugene Richer Dit Lafleche) to generate funds to support their private school. He read the findings from Planning Commission Resolutions approving the project, specifically stating that granting a variance would not set a precedent for future requests to create irregular - shaped parcels with no street frontage. He discussed impacts on the area from the recent construction of the I -105 Freeway, and cited addresses of similar projects in the area that have been approved. He referenced a petition containing approximately 150 signatures, requesting approval of the project. He read a letter dated January 24, 1990 from Joyce Lawrence, complimenting the residential developments located at Wo od ru f f Avenue and Angell Street that were constructed by Mr. Levert. Cou nci 1 Minutes 12/14/93 -3- 4 Mr. Richer Barbeau, 7614 Brunach St., member of Eurila Enterprises Inc., spoke regarding needs of the private school , and the excellent quality of woo rk done by Mr. Levert. Mr. Eugene Boudreau, Corporate Secretary, Eurila Enterprises Inc., owner of property located a t 8145 Ga rdenda le , requested the Council consider the discussion and decisions of the Planning Commissioners who are appointed by Council Members. Mr. Eugene Bourgealt, 10353 Vultee St., Minister of La Mission de 1' Espirit Saint d' Eugene Richer Dit Lafleche located at 8114 Telegraph Rd., indicated the church is seeking income for a private school to educate their r—• children. Approximately 400 members of the church reside in Downey and wish to continue living in this City and educating their children here. There being no one e l s e w i s h i n g to speak in favor or opposition to this project, it was moved by Council Merrier Boggs, seconded by Council Member Lawrence, and so ordered to close the public hearing. Council Member Lawrence discussed the role of the Council when considering Appeals from Planning Commission decisions. She commented that approvals on similar projects were based upon the properties having the same configuration as surrounding lots, and expressed concern regarding the easement to be traversed in reaching the back lot of the proposed development. Council Member Boggs concurred with Cou nc i 1 Member Lawrence's comments regarding the role of Council when considering Appeals, noting she appealed the case because of concerns she had with the proposed development on the irregularly shaped property. She discussed the construction of the I -105 Freeway in southeast Downey, noting the irregular lot configurations that resulted from downscaling the Freeway. In addition to setting a precedent for similar cases, she voiced concern with the back house being within five feet of the back property line which would encroach on the neighbor's privacy; the 55 foot combined frontage on Ba r l in Avenue for the proposed two lots; and the development of two houses on what appears to be one lot. Council Member Riley expressed concern with the proposed single driveway to both garages, and the close proximity of the house to the back property line. Council Member McCaughan voiced concern with the orientation of the houses , and the lack of neighbor privacy i f the proposed two s to r y house is built within five feet of the back property line as proposed. He suggested consideration be given to alternative placement of the houses on the property. Discussion ensued regarding setbacks and land scaping, neighborhood privacy, and alternate placement of the houses on the site. Mayor Brazelton commented on the unique circumstances of the parcel because of the I -105 Freeway construction, and the lack of setting a precedent because there are very few lots in the City with similar problems. Council Minutes 12/14/93 4 RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPEAL DENYING ZONE VARIANCE M. 93-57 FOR PROPERTY LOCATED AT 13032 BARLIN AVENUE The Resolution was read by t i t l e only. It wa s moved by Cou nc i l Member Boggs, and seconded by Council Member Lawrence to waive further reading and adopt. (See later withdrawal of the Motion). Council Member McCaughan requested staff work out a conpromise with the applicant regarding the proposed project. Mayor Brazelton reopened the hearing to accept additional testimony. Mr. Ray Levert clarified there would not be a window on the second story of the rear house at the five foot side yard setback. He commented on the other setbacks, landscaping and conditions that could be applied to an approval. Mayor Brazelton declared the hearing closed at this time. Further discussion ensued regarding reconfiguring the houses on the property. Council Members Boggs and Lawrence withdrew their motion and second to adopt the Resolution, respectively. It was moved by C o u n c i l Me mb er Boggs, seconded by C o u n c i l Member Lawrence, and unanimously carried to continue this matter to as nu a ry 11, 1994, to give the applicant time to Mork with staff in reconfiguring the houses on the lot to address the concerns discussed The meeting recessed at 9:40 p.m. and reconvened at 9 :50 p.m. --� ORAL COMMUNICATIONS Mr. William Ralph, 9239 Ravilier St., former City of Downey "ublic Works Director, discussed problems regarding his retirement funds, and requested communication with Council and staff to resolve this matter. CONSENT CALENDAR - ITEMS FOR REII OVAL : None. CONSENT CALENDAR It was moved by C o u n c i l Member Lawrence, seconded by C o u n c i l Member Boggs, and unanimously carried to waive further reading of the Resolutions and approve the Consent Calendar as rec ormne nd ed : COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS - NOVEMBER 23, 1993: Approve. CASH CONTRACT NO. S.S. 446, CITYWIDE SLURRY SEAL - Approve extra work under Change Order Nos. 1 and 2, totaling $2,084.36, accept the slurry seal woo rk done and maintenance responsibility for improvements constructed: Approve. Council Minutes 12/14/93 -5- • ` A r) FJ ; V WARRANTS ISSUED: NO. 7115 4- 716 35, $2,426,321.18: Approve. CARRY FORWARD APPROPRIATIONS - CC MMU NI C ATI O NS EQUIPMENT FOR FIRE COMMAND VEHICLE at a cost of $10,500: Approve. EXTENSION OF AGREEMENT WITH ALL CITY MAN A6 8M EN T SERVICES, INC. - CROSSING GUARD SERVICES for six months: Approve. CONTRACT WITH RIO HO PL O POLICE ACADEMY FIRING RANGE to allow Downey Police and Fire Prevention personnel to conduct firearm training and qualification at the Rio Hondo Police Academy Firing Range: Approve. DOW N EY MUNICIPAL CODE AMENDMENT ND. 93-64 REGARDING OFF - STREET PARKING STANDARDS: Set public hearing for 7:30 p.m., January 11, 1994, in the Downey City Council Chamber. RESOLUTION NO. 5743 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE RE- APPOIN1NENT OF JOYCE L. LAWRENCE TO 1HE BOARD OF TRUSTEES OF THE SOUTHEAST MOSQUITO ABATEM EN T DISTRICT ORDINANCES NOT SET FORTH ABOVE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING ARTICLE IV, CHAPTER 5 AND SECTIONS 4112, 4113, 4114, 4127, 4135, 4907 (1) OF THE DOWNEY MUNICIPAL CODE RELATING TO VARIOUS UNCONSTITUTIONAL OR PR EEM PTED PROVISIONS OF THE CODE AND MENDING SECTIONS 4106, 6 540 , 6 585 OF THE DOW N EY MUNICIPAL CODE R ELATI NG TO LOITERING, PAWNBROKERS AND SECONDHAND DEALERS AND MODELS TO CONFORM TO CONSTITUTIONAL REQUIREMENTS Chief Caldwell summarized the staff report, noting that certain sections of the Downey Municipal Code are superseded by other codes, unconstitutionally '"` invalid, or a duplication of conduct prohibited by State law. The City Attorney's office and Police Department concur with the recommendations made by Book Publishing Company, the City's codification service, regarding sections for repeal or amendment. Mr. Thorson advised that Section 4136 pertaining to Aerosol Spray Paint and Dye - Sale and Distribution, should be omitted from the Ordinance, allowing retention of the City's current graffiti laws since they have been amended to conform with recent Supreme Court decisions. Council Member McCaughan requested Section 4109 regarding Curfew be retained in the Downey Municipal Code, noting that other cities are strengthening their curfew laws. After further discussion, Council concurred with Council Member McCaughan 's request to remove Section 4109 from the Ordinance. The Ordinance was read by title only. It was moved by Council Member Lawrence, seconded by Council Member Boggs, and unanimously carried to naive further reading ant! introduce. Council 1 Minutes 12/14/93 -6- • 3 RESOLUTIONS NOT SET FORTH ABOVE RESOLUTION NO. 5744 A RESOLUTION OF THE DOW N EY CITY COUNCIL ENDORSING THE SELAC STRATEGY AND RECOMMEND ACTIONS TO 1H E REGIONAL COM PR EH EN SI YE PLAN, AND 10 SUPPORT THE COMPLETION OF THIS EFFORT AND 10 INCORPORATE THE CORE STRATEGY INTO THE REGIONAL COMPREHENSIVE PLAN ,..., Mr. Caton summarized the staff report, noting there is a movement at the State level to create regional government which would take away local government control over planning decisions. The Southern California Association of Governments (SC) has divided cities into subregions to address this proble . The Southeast Los Angeles County (SELAC) subregion represents the Downey area and has developed a strategy that focuses on renewed economic growth and cooperation among cities. The Resolution was read by title only. It was moved by Council Member Riley, seconded by Council Member McCaughan, and unanimously carried to wa ive further reading and adopt. ADMINISTRATIVE REPORTS Mayor Brazelton reconvened (10:15 p.m.) the (immunity Development Commission for a Joint Session with the City Council. DOWNEY REDEVELOPMENT PROJECT - PLAN AMENDMENT i10. 5B (1-5 FREEWAY/ FLORENCE AVENUE) Mr. Thorson outlined events leading to consideration of Redevelopment Plan Amendment No. 5B, including the public hearing held on June 11, 1991, and subsequent agreement to discontinue the process until written consent had been received from the Ma ra to family, who owns the majority of property in this area. Recent correspondence received from the t4iratas and their attorney, Christopher Sutton, indicated their willingness to allow the Ordinance adopting the Plan to be introduced; however, Mr. Sutton's letter dated December 13, 1994 withdraws this consent, based on the lack of a finalized site lease with the auto dealership owner, Mr. Massey. Clarification is needed as to what action the MJ ra to family wishes to follow at this time. Mr. Christopher Sutton, 35 Union St., Pasadena, attorney representing the Murata Family, explained the Kira to s wish to terminate the Redevelopment Plan at this time, since a finalized lease with Mr. Massey must precede any further action. M^. Thorson advised the Council /Conmission to terminate an y further proceedings for Redevelopment Plan Amendment No. 5B, based on Mr . Sutton's comments. It was moved by Council Member /Commis s ioner Boggs, seconded by Council Member /Commissioner Lawrence, and unanimously carried to terminate the proceedings for Redevelopment Plan e ndte nt No. 58. Council Minutes 12/14/93 -7- • i s A � ' Prior to the foregoing vote, Council Member /Commissioner McCaughan . expressed his disappointment that all interested parties could not reach an agreement on this issue. Council Member /Commissioner Boggs asked if the Ordinance could be introduced tonight, and the process halted if the lease between the Muratas and Mr. Massey is not completed by the time of the second reading of the Ordinance for adoption. Mr. Thorson indicated that W. Sutton has stated the Mu ra to s do not wish to continue the process at this time. Mayor /Chairman Brazelton recessed (10:20 p.m.) the Community Development Commission. ESTABLISH DATE FOR MID -YEAR BUDGET REVI 8d, FISCAL YEAR 1993-94 Mr. . Caton requested the Cou nc i l schedule a date in January, 1994, to review the 1993-94 budget. It was the consensus of Council to schedule the ■id -year budget review for January 25, 1994. UNSCHEDULED EQUIPMENT PURCHASE - RAPIDTEXT POLICE REPORT WRITING SYSTEM Chief Caldwell summarized the staff report, explaining the need for a new police report writing system to provide a more efficient and cost- effictive service. Rapid Text, a high speed text entry computer program, has been used by the Buena Park Police Department with great success. Staff recommends approval o f the RapidText report writing system, as it provides the means for completing police reports more efficiently and will save costs in officer manhours and overtime. Responding to questions, Lieutenant John Finch briefly explained the different aspects of the Rapidtext system and equipment, including various dictation methods, implementation time, and costs to be funded by Asset Forfeiture monies and other budgetary savings. It was moved by Council Member Riley, seconded by Council Member Boggs, and unanimously carried to approve the unscheduled purchase of the RapidText report writing system and authorize its implementation, at a total cost of $40,1OB for the current budget year. PURCHASE OF TWO B1 ERG ENCY ONE 'HURRICANE' TRIPLE COMBINATION PUMPERS Chief Irwin summarized the staff report, explaining the new pumpers w i l l replace existing units, which are approaching 20 years of age and in constant need of repair. He noted the cost savings and rebates a v a i l a b l e if the pumpers are purchased prior to January 1, 1994, based on information from an open bid process offered by the City of Buena Park. It was moved by Council Member Riley, seconded by Council Member McCaughan, and unanimously carried to approve the purchase of two "Hurricane' Triple Combination Pumpers from Haaker Fire Equipment Company for a total cost of $548,864 plus tax. OTHER BUSINESS: CONSENT CALENDAR - ITEMS REMOVED BY COUNCIL APPROVAL: None. Council Minutes 12/14/93 -8 • r r°+� , _ ) OTHER BUSINESS - Council Members C o u n c i l l Member Lawrence expressed her best wishes for a happy holiday to everyone and thanked City employees for their hard work this past year. Council Merrier Boggs wished everyone happy holidays, and mentioned she will be bringing back items she wishes to have accomplished during her last 30 months on the City Council. Council Member Riley expressed her desire to see the community center ' established in Downey next year, noting that perhaps a Police Substation could be located at the Center in south Downey. Council Member Riley suggested consideration be given to improvements on Imperial Highway in 1994, as the Rancho projects are continually growing and bringing in many people to this area. Council Member Riley commented on the Alameda Corridor causing an increase in train traffic, and suggested the installation of rubberized railroad crossings. Council Member Riley noted 354 families were assisted during this holiday - season by the l bwme y PTA H . E. L. P. S. Program who supplied nonperishable items, gifts and food to the families. She commended City employee Dennis McFarland and his family for helping with the distribution of goods. Council Member McCaughan expressed excitement for the cowing year, in view of the on -going anti new projects in the making, i.e., golf course improvements, community center, and commercial developments. He recommended Council and staff review the possibility of integrating neighborhood services next year. Council Member Boggs reported on her recent trip with W. Thdmayne, and C I Ms. Yotsuya as Members of the Los Angeles County Drainage Alliance (LACDA), to Vicksburg, Mississippi, to view the Experimental Waterways Station. - -•., Council Member Lawrence read a press release clarifying the City's position on a recent rally held at the historical Mc Obna ld 's Drive-In, sponsored by the Los Angeles Conservancy. Mayor Brazelton thanked City employees for their good work this past year during difficult economic times, and expressed hope for a better financial future. OTHER BUSINESS - Staff Members Mr . Caton asked Mr . Redmayne to report on the status of the water loop system at a future meeting. ADJOURMIENT: 10:50 p.m . 4 1 1 1 I ,... , , 1 ,# „„ ' ' ' ''' - All OaX,z41.- :.-........_.—, , 1._ if 424 ,9 it Ill' 0 • th E. . Mc I on ne \ C .ty Clerk ' b r t S. Brazelton, Ma %r rnuncil Minutes 12/14/93 -9- • I '' t. C:1 4 1 6 I MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 28, 199-3 A Regular Meeting of the City Council of the City of Downey was called to order at 7:30 p.m., December 28, 1993 in the Council Chamber of the Downey City Hall, and adjourned due to a lack of quorum. ....., r/— C - 1 4 , d/.-- )72 i W/ e , -x -e - L -- ith E. McDonnell , City Clerk i r 1 i 1 1 Council Minutes - 12/28/93 . , i i 1