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Home My WebLink AboutMinutes-01-28-92-Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 28, 1992 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Certificates of Appreciation to Volunteers of Downey Council PTA - H.E.L.P.S. Program 1 r• Child Care Expansion on - Spencer ' p Williams Elementary Returned to School School Dist. & schedule 1 future joint mtg. 3 Jim Derry re comparison study between Sheriffs Dept. & Downey Police Dept.; ideas to control City's current fiscal program 3 Richard Pridham re cost containment & street ltg. 3 Appointment of Barbara Jean Riley - Council Member, , District 2 Approved 4 Res. #5530 approving General Plan Amendment 91 -107 (Senior Housing Development Standards) Adopted 4 Ord. approving Downey Municipal Code Amendment re Senior Housing Development Standards Introduced 5 Items Removed from Consent Calendar 5 Minutes: Adjourned Reg. Mtg., 1/13/92 Approved 6 Warrants issued: #42356 - 42990 Approved 6 Coroner facility tour & autopsy viewing indemnification agreement with L.A. County authorizing City Manager to sign Approved 6 Res. #5531 re Environmental Enhancement & Mitigation Program - 1-105 Freeway Neighborhood Tree Planting Project Adopted 6 Ord. #941 re Transient Occupancy Tax Adopted 6 Agreement between City & Calsan, Inc. for collection, transportation, recycling & disposal of solid waste Approved as amended 7 Minutes: Adjourned Reg. Mtg., 1/13/92 Approved as amended 7 Cn. Boggs re congratulations to Barbara Jean Riley, Council Member - District 2 7 Adjournment to 6:30 p.m., February 28, 1992 7 Page 1 of 1 • • 9437;;` MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 28, 1992 The City Council of the City of Downey held a regular meeting at 7:37 p.m., January 28, 1992, in the Council Chamber of the Downey City Hall, Mayor Barbara J. Hayden presiding. PRESENT: Council Members: Barbara J. Hayden Mayor Diane P. Boggs Mayor Pro -Tem ••-s Robert G. Cormack Robert S. Brazelton Vacancy - District 2 ALSO PRESENT: Gerald M. Caton, City Manager Peter Thorson, City Attorney Judith McDonnell, City Clerk Lee Powell, Assistant City Manager Ron Irwin, Fire Chief James Jarrett, Director of Community Services Clayton Mayes , Police Chief Art Rangel, Director of Community Development Richard Redmayne, Acting Director of Public Works Lowell Williams, Director of Finance Ron Yoshiki, Assist. Comm. Dev. Director /City Planner Ed Velasco, Housing Manager June Yotsuya, Assistant to the City Manager Franklin De Groot, Principal Planner William Doebler, Associate Planner Laura Wilson, Code Enforcement Officer Cindi Apidgian, Executive Secretary PRESENTATIONS Mayor Hayden presented Certificates of Appreciation to Mrs. Sally �-• McFarland, representing the volunteers who worked on the Downey Council PTA - H.E.L.P.S. Program. ADMINISTRATIVE REPORTS It was the consensus of Council to consider Agenda Item IX -A, CHILD CARE EXPANSION - SPENCER WILLIAMS ELEMENTARY SCHOOL, at this time. CITIZEN REQUEST FOR CHILD CARE EXPANSION - SPENCER WILLIAMS ELEMENTARY SCHOOL Mr. Jarret summarized the staff report, discussing the history of City- provided child care at Imperial Elementary School in 1989 and the current request of parents to consider implementing a similar child care program at Spencer Williams Elementary School. He mentioned the Downey family YMCA Child Care Program and the possibility of the School District re- opening Pace School, which could create additional needed space for a child care program. City Council Minutes 1/28/92 -1- Dr. Gary Orsinger, 11627 Brookshire Ave., Assistant Superintendent, Downey Unified School District, emphasized the need for child care ro rams. / p g He discussed the increase in enrollment ent .over the years and the resulting lack ti of space. As an alternative, consideration is being given to re- opening Pace Elementary School to address the problems of increased enrollment and also attain space for a child care program. Ms. Margo Hoffer, 11627 Brookshire Ave., Downey Unified School Board Member, concurred with Dr. Orsinger's comments, noting that portable buildings are another alternative considered for child care programs. Council Member Boggs questioned who would attend the child care program at Pace Elementary School and was informed by Dr. Orsinger that through the intra- district permit process, students would have the authorization to attend the child care program before and after school at this site. Council Member Boggs discussed costs to the City and supported a child care program at every school so that children could remain on site before or after school. Mr. Bob Schaeffer, representing the YMCA, spoke regarding the YMCA's position, noting their background in child care and their hope to expand and continue providing care for school children. He mentioned the YMCA is flexible and can concentrate on other community services should the child care program be operated by another entity. Council Member Boggs clarified the State licensing requirements and the criteria for a low-income family needing child care. • The following people spoke in favor of maintaining and expanding City sponsored child care: Mr. Mike Aguilar, 8115 Imperial Hwy. Mr. Mark Van Luvin, 8128 Quoit St. Ms. Cleo Latimer, 12280 Caladre Ave. Dr. Gary McCaughan, 7918 Eighth St. Ms. Penny McMann, 12715 La Reina Ave. Ms. Patricia Darias, 12501 Paramount Blvd. Mr. Lee Squire, 8804 Samoline Ave. Ms. Marsha Hulet, 10965 Lillian Ln., South Gate Ms. Isabel Martinez, 10925 Lillian Ln., South Gate Ms. Debra Seeton, 7932 Hondo St. The following people spoke in favor of having the choice of continued City sponsored and YMCA sponsored child care: Ms. Diana Field, 7503 Brookmill Rd. Ms. Linda Morrison, 11416 Rives Ave. Ms. Angie Radimaker, 7932 Hondo St. The following people spoke in favor of maintaining the YMCA sponsored child care program: Mr. Jim Derry, 7845 4th St. Ms. Bethany Purvis, 7206 Fontana St. Mr. Richard Pridham, 10402 Bellman Ave. Mr. Richard Holmes, 9167 Dinsdale St. Mr. Robert Golay, 7522 Buell St. City Council Minutes 1/28/92 -2- 4,14:1 Council Member Cormack favored child care at each school site if space is available. He suggested District officials survey their sites for any usable space and the YMCA consider decreasing their costs. He discussed means of support and funding for child care operations. Council Member Boggs clarified the City's child care program is completely funded by the parents who participate in the program. She questioned whether the District could provide space at each school for the modular units and hoped both the City and YMCA programs would be continued at this time. Council Member Brazelton noted consideration of expanding child care at '"" different schools would not preclude the YMCA from operating their program. He suggested this matter be referred to staff to address concerns expressed and then return with a recommendation to Council. Council Member Boggs requested a future joint meeting between the School Board and the Council regarding this matter. It was moved by Council Member Cormack, seconded by Council Member Boggs, and unanimously carried to return this matter to the Board of Education for review and then schedule a meeting with Council, District, and YMCA represen- tatives. The meeting recessed at 8:50 p.m. and reconvened at 9:00 p.m. ORAL COMMUNICATIONS Mr. Jim Derry, 7845 4th St., spoke regarding Mayor Hayden's request for a comparison of Police Department services versus the Sheriffs Department and a Council proposal to rebate a portion of utility users tax back to the citizens. He urged Council to consider other ways of dealing with the fiscal crises as opposed to considering cuts in public safety. He was not opposed to a benchmark study comparing the Downey Police Department to the County Sheriffs Department on a line -item by line -item basis. Mr. Richard Pridham, 10402 Bellman Ave., supported the policy of cost containment, including street lighting savings. ADMINISTRATIVE REPORTS (Continued) It was the consensus of Council to consider Agenda Item X -C, RESIGNATION OF COUNCIL MEMBER RICHARD CARTER - DISTRICT 2: REVIEW OF LEGAL OPTIONS; CONSIDERATION OF ELECTION; POSSIBLE APPOINTMENT at this time. Mr. Thorson discussed options available for filling the Council Vacancy under Section 503 of the Charter. The two options are to fill the vacancy by appointment or allow the seat to remain vacant until the June 2, 1992 election. An appointed Council Member would hold the position until the June election, at which time the elected Council Member would serve two years until the term expired in 1994. Council Member Brazelton mentioned he reviewed the resumes and oral testimony received when this seat first became vacant in July, noting the importance of a full Council on matters which may come up prior to June. City Council Minutes 1/28/92 -3- 9 436 Council Member Cormack concurred, noting that if one or more Council Members are absent, a quorum may be lacking on certain issues. Council Member Boggs ' oggs questioned whether legally an appointment could be made at this time and was informed by the City y Attorney that it would be appropriate. She noted one gentleman on the l i s t of possible appointees was unable to be reached, and therefore she was not prepared to make the decision at this time. She requested a two week continuance of this matter. At the Mayor's request, Barbara Jean Riley nd Edwin Ratcliffe q y two prospective appointees made their presence known in the audience. Mayor Hayden expressed the importance of filling this vacancy, citing, for example, the fact that redevelopment items require a 4/5 vote and suggested the appointment be made tonight. It was moved by Council Member Cormack, seconded by Council Member Brazelton, and carried by the following vote to appoint Barbara Jean Riley as Council Member for District 2: AYES: 3 COUNCIL MEMBERS: Cormack, Brazelton, Hayden ABSTAIN: 1 COUNCIL MEMBERS: Boggs Prior to the foregoing vote, Council Member Boggs noted her vote does not reflect on the ability or background of Ms. Riley; however, she did wish for additional time to contact the other gentleman who had expressed a desire to serve on the Council. Mr. Thorson clarified the appointment would be effective January 29, 1992 through June 2, 1992. HEARINGS Mayor Hayden advised this is the time to consider GENERAL PLAN AMENDMENT 91 -107 AND DOWNEY MUNICIPAL CODE AMENDMENT 91 -101 PERTAINING TO SENIOR HOUSING STANDARDS. The hearing was closed January 13, 1992. Mr. Caton commented staff addressed Council's concerns in this revised Ordinance. Mr. Rangel summarized the staff report, noting the change in features of the Ordinance to address comments made by Council. These changes affect density, unit size, height, lot coverage, rear yard setbacks, adequate sized elevators in multi -story buildings, storage, age requirement defined by Civil Code Section 51.3, conversions, and rental units. RESOLUTION NO. 5530 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE HOUSING CHAPTER OF THE CITY'S GENERAL PLAN TO ESTABLISH STANDARDS FOR SENIOR CITIZEN HOUSING DEVELOPMENTS (GENERAL PLAN AMENDMENT 91 -107) The Resolution was read by title only. It was moved by Council Member Cormack, seconded by Council Member Brazelton, and unanimously carried to waive further reading and adopt. City Council Minutes 1/28/92 -4- • 943 ; ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING AND ADDING CERTAIN SECTIONS OF THE DOWNEY MUNICIPAL CODE ESTABLISHING STANDARDS FOR SENIOR CITIZEN HOUSING DEVELOPMENTS (CODE AMENDMENT 91 -101) Mayor Hayden expressed concern regarding the density factor, setbacks, structures and placement of the development on the site. Although the age factor must comply with the Civil Code, she expressed dismay with this limitation. Mr. Al Marshall, 4400 McArthur Blvd., Newport Beach, President of Newport Pacific Development, spoke regarding the age restriction and other constraints of the proposed Ordinance that would discourage his further developing in the City, unless his potential project could be grandfathered into the Ordinance. He requested a continuance so the matter could be heard before a full Council. Mr. Thorson advised that provisions of the adopted Ordinance would apply to all applications regarding senior citizen housing. He stated it is within Council's purview to establish a grandfather clause in the Ordinance for applications filed prior to the effective date. Mr. Dennis Modrich, 11445 Dolan Ave., spoke regarding the density and age limitation factors. He cited other senior citizen projects that meet different requirements than those proposed in the Ordinance, noting aesthetics is a major concern with all development. He expressed concern that the Ordinance would adversely affect future senior citizen developments in Downey. It was moved by Council Member Cormack, seconded by Council Member Brazelton, and unanimously carried to waive further reading. The Ordinance was read by title only. It was moved by Council Member Cormack, seconded by Council Member Brazelton, and carried by the following vote to introduce: AYES: 3 COUNCIL MEMBERS: Cormack, Boggs, Brazelton NOES: 1 COUNCIL MEMBERS: Hayden ITEMS REMOVED FROM THE CONSENT CALENDAR Council Member Boggs requested Agenda Item VI -A -2, ADJOURNED REGULAR MEETING, JANUARY 13, 1992, be removed from the Consent Calendar. CONSENT CALENDAR Council Member Cormack was excused from the meeting at 9:40 p.m. It was moved by Council Member Brazelton, seconded by Council Member Boggs, and unanimously carried by the Council Members present to waive further reading of the Resolutions and approve the remainder of the Consent Calendar as recommended: City Council Minutes 1/28/92 -5- 1 MINUTES: ADJOURNED REGULAR MEETING JANUARY 13, 1992: 4 S 992. Approve . WARRANTS ISSUED: 142356 - 42990, $2,005,094.51: Approve. CORONER FACILITY TOUR AHD AUTOPSY VIEWING INDEMNIFICATION AGREEMENT WITH LOS ANGELES COUNTY: Authorize City Manager to sign Agreement: Approve. { RESOLUTION NO. 5531 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE 1989 FOR THE I -105 NEIGHBORHOOD TREE PLANTING PROJECT /CITY OF DOWNEY URBAN FORESTATION PROJECT ORDINANCES NOT SET FORTH ABOVE ORDINANCE NO. 941 AN ORDINANCE OF THE CITY COUNCIIL OF THE CITY OF DOWNEY AMENDING SECTIONS 6127 AND 6128 OF THE DOWNEY MUNICIPAL CODE ORDINANCE 255 - ROOM TAX Mr. Caton advised this is the second reading of this Ordinance for adoption. Per Council's direction, staff has notified all hotel and motel operators in the City regarding this matter. Mr. Fernando Wang, 9565 Firestone Blvd., commended staff for their work on this issue and mentioned the 1% increase is manageable. The Ordinance was read by title only. It was moved by Council Member Boggs, seconded by Council Member Brazelton, and unanimously carried by the Council Members present to waive further reading and adopt. RESOLUTIONS NOT SET FORTH ABOVE: None. ADMINISTRATIVE REPORTS (Continued) AGREEMENT BETWEEN CITY AND CALSAN, INC. FOR THE COLLECTION, TRANSPORTATION, RECYCLING AND DISPOSAL OF SOLID WASTE Mr. Redmayne summarized the staff report, noting changes were made in the contract to reflect modern terminology and needs. Council Member Boggs discussed money raised by recycling i n and any y 9 y reimbursement of funds to the collection company. Mr. Norman Horney, 9102 Angell St., commented on franchi fees and inadequate insurance coverage limits. He noted Calsan is currently in the court process regarding trash containers stored illegally on the corner of Washburn Ave. and Woodruff Ave. He expressed dismay that a contract would be awarded to a company that is in litigation at this time, suggesting the contract be upheld until the City is satisfied that Calsan is in conformance with the usage of various City properties. City Council Minutes 1/28/92 -6- Discussion ensued regarding flexible provisions for increasing the franchise fees and possible modification of insurance coverage. Mr. Caton commented that an increased franchise fee would be passed onto the consumer. Staff recommends a 5% franchise fee at this time. It was moved by Council Member Boggs, seconded by Council Member Brazelton, and unanimously carried by the Council Members present to approve the agreement between the City and Calsan, Inc. with insertion of the words "or the City" on page 22, paragraph 4, line 3 after the word "Contractor"; establish a five percent franchise fee on fees charged and approve the new refuse collection rates of $10.02 per unit per month for single - family residents and $8.69 per unit, per month for multiple residences. OTHER BUSINESS: Consent Calendar - Items Removed by Council Approval MINUTES: ADJOURNED REGULAR MEETING, JANUARY 13, 1992 Council Member Boggs requested the City Attorney's verbatim comments be placed on record regarding the Private Industry Council on page 11. It was moved by Council Member Boggs, seconded by Council Member Brazelton, and unanimously carried by the Council Members present to approve the Minutes as amended. OTHER BUSINESS - City Council Members Council Member Boggs congratulated Ms. Barbara Jean Riley on her appointment to the City Council - District 2. ADJOURNMENT 10:05 p.m. The meeting was adjourned to 6:30 p.m., February 11, 1992 in the Council Chamber of the Downey City Hall. a-466e_ dit E. McDonne , .,ity ler�rk Bar'ar: ; t'.en, Yayor City Council Minutes 1/28/92 -7- •