Loading...
HomeMy WebLinkAboutMinutes-03-10-92-Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 10, 1992 T A B L E O F MINUTE ACTIONS SUBJECT ACTION PAGE NO. Proclamation in honor of Camp Fire's 82nd Birthday 1 Proclamation declaring March 15 -22, 1992 as "Poison Prevention Week" 1 Presentation to Ms. Alta Duke Cont. to 3/24 1 Res. #5533 certifying Environmental Impact Report for Specific Plan 91 -2 Adopted 3 Ord. adopting Specific Plan 91 -2 Introduced 3 Dean Claiborne re excessive water ponding on Firestone Blvd. due to nightly median watering 3 Lary Marks re excessive amount of street lights out on Paramount & Firestone Blvds. 3 Richard Pridham re 48 street lights out in area he surveyed; problems with sound system in Chamber; urged adoption of guidelines in Purchasing Manual 4 Andrew Hopwood introduced himself as candidate for 38th Congressional District (includes Downey) 4 Removal of Items from Consent Calendar 4 Minutes: Adjourned Reg. Mtg., 2/25/92; Regular Mtg., 2/25/92 Approved 4 Warrants issued: #43781 - 44238 Approved 4 Library Literacy Fund - receipt of State Grant to fund library training and resource materials Approved 4 Res. #5534 approving Final Subdivision Map #22983 (8533 -45 Cheyenne St.) ; approving agreement with subdivider & acceptance of Letter of Credit in lieu of surety bonds Adopted 4 Res. #5535 approving Final Subdivision Map #18094 (8318 -22 Iowa St.) ; approving agreement with subdivider & acceptance of Set -Aside Letter in lieu of surety bonds Adopted 4 Res. #5536 designating L.A. County Department of Health Services as local enforcement agency for AB 939 Adopted 5 Page 1 of 2 COUNCIL MINUTES, MARCH 10, 1992 TABLE OF ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #5537 setting authorization levels for settling liability cases Adopted 5 Res. #5538 approving appointment of Frank Sannebeck to Emergency Preparedness Committee - District Four Adopted 5 Ord. amending Section 7307 of Downey Municipal Code re bi-monthly payment of water charges Introduced 5 i . - Res. #5539 establishing late charge on water bills Adopted 9 op to 6 Establishment of procedure for Cit C ouncil Members to p y place items on regular meeting Agendas Cont. to 3/24/92 6 Calsan request to expand residential trash pickup; direct staff to prepare necessary documents Approved PP 6 Petition to reconsider Ordinance #940 Received & Filed 7 Draft Environmental Impact Report for General Plan Set study session for Update 4:00 p.m., 3/17/92 8 Report re potential Farmers Market in Downey Referred to staff for further study 9 Cn. Boggs re state taking revenue generated from Staff to prepare enterprise special districts & effect on Downey letter of protest residents to State 9 Adjournment in memory of Mrs. Louise Cormack, wife of Council Member Robert G. Cormack 9 Adjournment to 4:00 p.m., March 17, 1992 for Study Session on General Plan Amendment Update 9 Page 2 of 2 9 452 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY . MARCH 10, 1992 The City Council of the City of Downey held a regular meeting at 7:36 p.m., March 10, 1992, in the Council Chamber of the Downey City Hall, a l l , Mayor Barbara J. Hayden presiding. PRESENT: Council Members: Barbara J. Hayden Mayor Diane P. Boggs Mayor Pro -Tem Robert S. Brazelton Barbara J. Riley ABSENT: Robert G. Cormack (Excused) ALSO PRESENT: Gerald M. Caton, City Manager Peter Thorson, City Attorney Judith McDonnell, City Clerk Lee Powell, Assistant City Manager Art Rangel, Director of Community Development Ron Irwin, Fire Chief James Jarrett, Director of Community Services Clayton Mayes, Police Chief Richard Redmayne, Director of Public Works Ron Yoshiki, Assist. Comm. Dev. Director /City Planner Robert Brace, City Engineer Victoria Jenkins, City Librarian William Makshanoff, Building Official June Yotsuya, Assistant to the City Manager Mark Sel l heim, Principal Planner William Doebler, Associate Planner Cindi Apidgian, Executive Secretary PRESENTATIONS • .% Mayor Hayden presented a Proclamation in honor of Camp Fire's 82nd Birthday to Yolanda Yazzie, Leader of the Tiny Toons Camp Fire Club. Mayor Hayden presented a Proclamation declaring March 15 -22, 1992 as 'Poison Prevention Week' to Mr. John E. Tilley, owner of Zwebers Pharmacy and President of the Southeast Pharmacists Association. The presentation to Ms . Alta Duke was continued to the next meeting. HEARINGS Mayor Hayden opened the public hearing on LAKEWOOD /FIRESTONE BOULEVARDS SPECIFIC PLAN (SP91 -2) AND FINAL ENVIRONMENTAL IMPACT REPORT; A SPECIFIC PLAN TO GUIDE RETAIL COMMERCIAL DEVELOPMENT OF APPROXIMATELY 36.5 ACRES NEAR THE FOUR CORNERS OF LAKEWOOD AND FIRESTONE BOULEVARDS. Ms. McDonnell affirmed the proofs of publication. It was moved by Council Member Boggs, seconded by Council Member Brazelton, and so ordered to receive and file. City Council Minutes 3/10/92 -1- „53 Mr. Rangel summarized the staff report, noting the Specific Plan is the culmination of two years of study and research in the area. Basically, it is a long -term zoning guide for unique property, such as the area around a regional mall. He noted staff contacted all property owners affected in the area for their input. Using an overhead projector, Mr. Rangel defined the five subareas that comprise the Specific Plan. The City contracted with Market Profiles to determine the most advantageous developments that would benefit both property owners and the City. He mentioned that representatives from Market Profiles, Endo Engineering, and Westin Pringle and Associates who worked on the Environmental Impact Report are present to answer any questions. An important aspect of the Plan provides for the continuation of existing uses and structures in the area, i.e., the apartments near Cecilia Street and Lakewood Boulevard. Incentives will be offered to property owners, including increased lot coverage, and uniform parking stalls which would yield approximately 3% additional spaces for the property. The Plan also addresses adequate signing in proportion to square footage. A brief slide presentation q 9 P was narrated comprised of maps and a more detailed description of the five subareas previously shown on the overhead projector. Council Member Boggs requested further information used in determining the results of the survey and was informed of the methods used, areas surveyed, and specific findings of the study, i.e., money being spent outside of Downey that could be recaptured by a competitive business market. She then praised the Plan for allowing non - conforming businesses and residences to remain in the area and clarified that adequate parking standards would be included in the Plan. Mayor Hayden asked if there was any correspondence received and Ms. McDonnell indicated a letter supporting Specific Plan 91 -2 had been received from Hughes Investments. It was moved by Council Member Riley, seconded by Council Member Brazelton, and so ordered to receive and file. There being no one to speak in favor of the Specific Plan and Environmental Impact Report, Mayer Hayden asked if there was anyone present who wished to speak in opposition. Mr. Lennie Whittington, 8542 Manatee St., spoke regarding the current ' building moratorium around the Stonewood Center area, specifically citing the problems incurred by Stonewood Lodge Motel when they wished to renovate their building. He expressed concern with small businesses and senior citizens that may not be protected. It was moved by Council Member Brazelton, seconded by Council Member Riley, and unanimously carried by the Council Members present to close the public hearing. RESOLUTION NO. 5533 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOW N EY CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR SPECIFIC PLAN 91 -2 City Council Minutes 3/10/92 -2- 94 54 The Resolution was read by title only. It was moved by Council Member Brazelton, seconded by Council Member Riley, and unanimously carried by the Council Members present to waive further reading and adopt. Prior to the foregoing vote, Council Member Brazelton favored the Plan as a blueprint for future development in this area, and Council Member Riley concurred. Mr. Rangel noted that Stonewood Lodge Motel submitted plans to expand the existing motel, and under the moratorium, the permits were denied. He reiterated that the senior citizens living in the senior apartment buildings near the corner of Cecilia Street and Lakewood Boulevard will be protected by this Specific Plan. Mr. Lennie Whittington, 8542 Manatee St., mentioned the owner of the Stonewood Lodge Motel is in the audience and would like to comment at this time. Mr. Arvin Parekh, 11102 Lakewood Blvd., owner of Stonewood Lodge Motel, discussed his efforts with staff regarding modification of his site. Mr. Rangel stated that Mr. Parekh's request was to expand the room size and he did go before the Planning Commission who denied the Variance. He could have appealed this decision to Council, but chose not to do this. Discussion ensued regarding restrictive limitations that may have been placed upon buildings in the moratorium area. However, with the adoption of the Specific Plan, buildings in the area will not be under any amortization schedule and can be upgraded and maintained within the footprint that currently exists. Mr. Thorson advised of some language changes in the proposed ordinance adopting the Specific Plan. In Section 1B, he recommended adding the words "and certified" to the first l i n e and also adding Section 2H, to read "The Council has considered the effects of the decision on the housing needs of the region in which the City is located and balanced those needs against the public service needs of the residents and available fiscal and environmental resources." ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOW N EY ADOPTING SPECIFIC PLAN 91 -2 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 introduce. ORAL COMMUNICATIONS Mr. Dean Claiborne, 9648 Firestone Blvd. , complained about excessive water ponding near his property as a result of nightly watering of medians on Firestone Boulevard. Mr. Lary Marks, 7808 Borson St., noted an excessive amount of street lights out on Paramount and Firestone Boulevards. City Council Minutes 3/10/92 -3- 9455 ti Mr. Richard Pridham, 10402 Bel iman Ave., mentioned there are 48 street lights out in another area he surveyed. He requested every other light be disconnected to save the City money since he was advised by staff that the City is paying for electricity on a per-lamp, per -month basis. He also spoke regarding the sound system problems in the Chamber as many in the audience could not hear all comments made. He then reiterated his suggestion that Council adopt guidelines in the Purchasing Manual, specifically when going out to bid to avoid any possible misunderstanding. Mr. Andrew Hopwood, 1208 Wa rd l ow, Long Beach, introduced himself as a candidate for the 38th Congressional District which will include the City of Downey and other neighboring cities. OTHER BUSINESS: CONSENT CALENDAR - ITEMS FOR REMOVAL Mayor Hayden requested removal of Agenda Item VI -E -1, DRAFT ENVIRON MENTAL IMPACT REPORT FOR GENERAL PLAN UPDATE, from the Consent Calendar. Mr. Ed McCaughan, 9215 La Reina St., requested removal of Agenda Item VI- B-2, PETITION TO RECONSIDER ORDINANCE NO. 940, from the Consent Calendar. Mr. Lennie Whittington, 8542 Manatee St., requested removal of Agenda Item VI -B -1, CALSAN REQUEST TO EXPAND RESIDENTIAL TRASH PICKUP, from the Consent Calendar. CONSENT CALENDAR It was moved by Council Member Bra zel ton , seconded by Council Member Riley, and unanimously carried by a majority of the Council Members present to waive further reading of the Resolutions and approve the remainder of the Consent Calendar as recommended: MINUTES: ADJOURNED REGULAR MEETING, FEBRUARY 25, 1992; REGULAR MEETING, FEBRUARY 25, 1992: Approve. WARRANTS ISSUED: #43781 - 44238, $1,087,959.63: Approve. LIBRARY LITERACY FUND - RECEIPT OF STATE GRANT in the amount of $6,363 to ,.••. fund tutor and staff training, printing, instructional resources, postage, communications and special activities: Approve. RESOLUTION NO. 5 534 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 22983 (8533 -45 CHEYENNE STREET) , APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTANCE OF AN IRREVOCABLE STAND -BY LETTER OF CREDIT IN LIEU OF SURETY BONDS RESOLUTION NO. 5535 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 18094 (8318-22 IOWA STREET EAST OF DOW N EY AVENUE) , APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTANCE OF A SET -ASIDE LETTER IN LIEU OF SURETY BONDS City Council Minutes 3/10/92 -4- RESOLUTION NO. 5536 (ADOPT) 945 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESIGNATING • THE LOS ANGELES COUNTY DEPARTMENT OF HEALTH SERVICES AS THE LOCAL ENFORCEMENT AGENCY UNDER THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989 (AB 939) RESOLUTION NO. 5537 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SETTING AUTHORIZATION LEVELS FOR SETTLING LIABILITY CASES r RESOLUTION NO. 5538 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF FRANK SANNEBECK TO THE EMERGENCY PREPAREDNESS COMMITTEE FOR COUNCILMANIC • DISTRICT FOUR ORDINANCES AND RESOLUTIONS NOT SET FORTH ABOVE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 7307 OF THE DOWNEY MUNICIPAL CODE - BIMONTHLY PAYMENT OF WATER CHARGES Mr. Powell summarized the staff report, recommending the establishment of a late charge on overdue water bills to recompensate for sending out a late notice. A flyer will be placed into the next water bill circulation to inform the public of this new late fee. Council Member Boggs discussed the need for a specific due date on the bill and recommended giving a thirty day grace period after that date has past, instead of the date the bill is mailed. She questioned the City's collection cost for the late fee and was informed it. was approximately $2.50, which coincides with the late charge. Council Member Brazelton noted that credit cards do not give a thirty day notice from the due date - the bill must be paid at that time or interest is accrued. Mayor Hayden concurred, noting the late charge should apply immediately after the due date on the bill. Mr. Caton suggested introducing the Ordinance and at the next meeting, staff can show how the late charge will be applied. The Ordinance was read by title only. It was moved by Council Member Brazelton, seconded by Council Member Riley, and unanimously carried by the . Council Members present to waive further reading and introduce. RESOLUTION NO. 5539 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A LATE CHARGE ON WATER BILLS City Council Minutes 3/10/92 -5- 945 The Resolution was read by title only. It was moved by Council Member Brazelton, seconded by Council Member Riley, and.. unanimously carried by the Council Members present to waive further reading and adopt. ADMINISTRATIVE REPORTS ESTABLISHMENT OF PROCEDURE FOR CITY COUNCIL MEMBERS TO PLACE ITEMS ON REGULAR MEETING AGENDAS Mayor Hayden mentioned Council Member Cormack would l i k e to be present when this matter is considered. It was the consensus of Council to continue this matter to the regular meeting of March 24, 1992. OTHER BUSINESS: CONSENT CALENDAR - ITEMS REMOVED BY COUNCIL APPROVAL --, CALSAN REQUEST TO EXPAND RESIDENTIAL TRASH PICKUP Mr. Lennie Whittington, 8542 Manatee St., expressed concern that by expanding the residential trash pick -up for Calsan, competition from other trash hauler companies would be difficult. Mayor Hayden informed Mr. Whittington of the governmental requirements of Assembly Bill 939 that need to be met by the City by a certain time. She agreed other haulers should be given a period of abatement at the proper time. Mr. Caton explained his need to know the desire of Council on this matter, and then staff will return with a full report that includes all pertinent information. It was moved by Council Member Brazelton, seconded by Council Member Boggs, and unanimously carried by the Council Members present to approve Calsan's request and direct staff to prepare the necessary documents. PETITION TO RECONSIDER ORDINANCE NO. 940 Mr. Ed McCaughan, 9215 La Reina Ave., requested reconsideration of the redistricting plan of Councilmanic boundaries in Downey. He questioned the lack of records kept of Council subcommittee meetings. He referenced documents contained in the Redistricting file of the City Clerk's Office, noting that correspondence from the demographer, Mr. Peter Morrison, showed there was no change made by him in the northern portion of the district boundaries. Mr. McCaughan expressed concern that he would not be able to vote at the next election and reiterated his request for boundary reconsideration. Mr. Thorson advised of three laws the City must comply with regarding redistricting which involves the City Charter, the Equal Protection Clause in the United States Constitution, and the Federal Voting Rights Act. Also, the Los Angeles County Registrar of Voters office has fixed the precincts for the June election and even if Council wishes to reconsider Ordinance No. 940, the result would not affect the boundary lines for the upcoming June election. Mr. Peter Morrison, demographer consultant for the City's redistricting plan, indicated the line at the northern end of town between Districts Three and Four is a boundary adjustment he made himself to bring the population in balance between the two Districts. He mentioned he had two maps drafted as copies to work from and would bring back a more formal plan for City Council Minutes 3/10/92 -6- 945 consideration. According to his files, the area in question was circled to show it as being an area of flexibility for use in necessary adjustments. When he finalized the map to equalize the population in each of the Districts, he then made the current boundary lines at the northern end of town. He did evaluate the possibility of moving the lines back but noted it would have increased the imbalance significantly. Mayor Hayden stated it was important that this redistricting was done in a manner in which there was no political motivation. Addresses and personalities where not discussed at the subcommittee meeting, rather the most even voter population distribution based upon the neatest lines. Council Member Boggs incurred the greatest loss of voters in her area, including family members. Council Member Boggs requested elaboration on the procedures used by Mr. Morrison in his redistricting efforts. Mayor Hayden outlined the procedure to be followed for hearing comments on this matter. Mr. Morrison continued with his explanation on how he arrived at the final district lines and the northern jog in the boundaries between Districts Three and Four. Mayor Hayden clarified that even if Council wished to reconsider boundary changes at this time, it would not affect the June 2, 1992 election since the County has already set the precincts within Downey. Dr. Gary McCaughan, 7918 8th St., questioned why the County cannot change the precincts if the procedure they followed can be proven wrong. He discussed personal insults and submitted a letter dated February 28, 1992 to Council based on the Brown Act and the Charter regarding public rights abridged by the City. He expressed concern that decisions were not made in public, and presentations made were inaccurate. Regarding Charter Section 1306 and the make -up of the subcommittee, he inferred that a conflict of interest existed since the subcommittee was composed of Council Members. He referenced the Attorney General 's comments pertinent to this matter and alleged his First Amendment free speech rights were abridged. Answering Dr. McCaughan's questions, Mr. Thorson mentioned he has been informed by the Los Angeles County Registrar of Voters Office that the precincts are now permanently set. Regarding the meetings held, the subcommittee was established at an open public meeting, and there were two readings of the Ordinance at which time Mr. Morrison explained how the map was drawn. In terms of the Brown Act questions, there were no decisions made regarding redistricting until the Council voted on the second reading of the Ordinance after considering the subcommittee's recommendation. With respect to the Public Records Act, certain records are available to the public and there are procedures to be followed when requesting these items. The Council or public could have requested further information from Mr. Morrison at the time he was explaining his work. It was moved by Council Member Brazel ton , seconded by Council Member Riley, and unanimously carried by the Council Members P resent to receive and file the petition. ,..� City Council Minutes 3/10/92 -7- 9 45 9 Prior to the foregoing vote, Council Member Brazelton commented he had all the information he needed when he voted on the redistricting issue. Unfortunately, some voters would be disenfranchised because of this action. However, the City Attorney advised that a rebalancing of the districts would result in boundary changes. Therefore, he does not support further study nor the resulting expense in reviewing this matter again. Council Member Boggs noted she was on the subcommittee with Mayor Hayden and did lose many eligible voters in her district. She recalled during the subcommittee meeting there was no reference as to where anyone specifically lived. She was pleased that a professional demographer would be dealing with the boundary lines of the City to develop a legal and fair plan. Mr. Lennie Whittington, 8542 Manatee St , mentioned the Brown fl St., Act A requires that once any reports are given to Council or some other governing body, they must be made available to the public. The Public Records Act requires the staff to provide public documents to any person upon request. DRAFT ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN UPDATE INCLUDING CIRCULATION, LAND USE, ECONOMIC DEVELOPMENT AND DESIGN CHAPTERS OF THE DOWNEY GENERAL PLAN UPDATE: GENERAL PLAN AMENDMENTS 191 -141 - DESIGN CHAPTER; 191 - 142 - ECONOMIC DEVELOPMENT CHAPTER; 191 -145 - LAND USE CHAPTER AND #91 -146 - CIRCULATION CHAPTER OF DOWNEY GENERAL PLAN UPDATE; AND CONSISTENCY CLEAN UP FOR THE HOUSING CHAPTER, CONSERVATION CHAPTER, SAFETY CHAPTER, NOISE CHAPTER AND OPEN SPACE CHAPTER OF DOWNEY GENERAL PLAN UPDATE. Mayor Hayden mentioned that after speaking with staff on this matter, a study session should be scheduled to discuss the issues involved prior to the setting of a public hearing. It was moved by Council Member Brazelton, seconded by Council Member Riley, and unanimously carried by the Council Members present to set the study session for 4:00 p.m., Tuesday, March 17, 1992 in the Downey City Council Chamber. OTHER BUSINESS: CITY COUNCIL MEMBERS REPORT REGARDING POTENTIAL FARMERS MARKET IN THE CITY OF DOWNEY Mayor Hayden mentioned she and Ms. Myrtle Risley had studied the potential for establishing a Farmers Market in Downey and now would l i k e Council's input prior to proceeding further. Council Member Brazelton stated he was concerned with a potential location for the Market and noted the community is well served with various competing supermarkets. Council Member Riley concurred, noting a location would be difficult to find. Mayor Hayden mentioned that possible locations could be researched further, perhaps in the downtown area. Council Member Boggs requested further information from other cities that have Farmers Markets and any problems they have incurred. City Council Minutes 3/10/92 -8- 94G 0 1 Ms. Myrtle Risley, 7938 Phlox St., spoke regarding this issue, citing the cities of Torrance, San Pedro, and Whittier as having examples of flourishing Farmers Markets. She noted that profits are made on a percentage of the sales in most cases, and items sold are those not ordinarily found in supermarkets, such as homegrown foods, fish, nuts, plants, flowers, etc. Mayor Hayden asked staff to study this possibility further, including identification of potential sites. Council Member Boggs expressed concern that the state is taking revenue generated from enterprise special districts and would l i k e to know the impact on Downey residents. For example, money would be taken from Sanitation Districts, the resulting impact being an increase in the property tax bill to reflect increased sanitation charges. She requested a report back on this matter and perhaps a form of protest to the state. Mayor Hayden noted at the last Sanitation District Meeting she attended, there was discussion regarding this issue. The raising of property tax bills via the increase in Sanitation fees is a distinct possibility. It was the consensus of Council to direct staff to draft a letter of protest to the state regarding this matter. ADJOURNMENT: 10:00 p.m. The meeting was adjourned in memory of Mrs. Louise Cormack, wife of Council Member Robert G. Cormack to 4:00 p.m., March 17, 1992 in the Council Chamber of the Downey City Hall. Judith E. McDon -e , City C er B'rba ra f "'e / Mayor City Council Minutes 3/10/92 -9-