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HomeMy WebLinkAboutMinutes-07-31-90-Adjourned Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JULY 31, 1990 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Proclamation to Ned Young, recognizing his many 1 years of community service Affirm assessments on properties cleaned by City Approved 2 in fiscal year 1989 -90 Ord. amending zoning map - Zone Change #90 -24 Introduced 3 (7424 -36, 7506, 7512, 7518, 7524, 7544 -46 -56 Stewart & Gray Rd. - R -1 to R -3) Ord. adopting a Code Amendment re automobile Introduced 3 mechanical repair & body repair in C -2 zone Hazardous Materials Chapter of the General Plan Cont. to 8/14/90 4 Minute action approving Planning Commission's Adopted with 5 modification of DRB Case 90 -08 amendments ( 12160 Downey Av.) Lennie Whittington re alleged truck stop at 6 12739 Lakewood Bi. Julie Gaston re policy on street vendors 6 Cliff Maldonado re policy on children selling 6 subscriptions door -to -door Items. Removed from Consent Calendar 6 Minutes: Reorganization Mtg., 7/3/90; Approved 6 Adj. Reg. Mtg., 7/10/90; Regular Mtg., 7/10/90 C.C. #SS 424 - Citywide resurfacing - approve Approved 6 change order and accept improvements ($399) CC #564 - South city water transmission main: Approved 6 Approve completed improvements; accept main- tenance responsibility; approve extra work ($45,213.18) Warrants issued: #25848-26479, $2,832,830.10 Approved 6 Mileage reimbursement rate set by IRS on Feb. 1 Approved 6 of each year,(cu rrently $.255 /mile) Page 1 of 2 • COUNCIL MINUTES, JULY 31, 1990 TABLE OF ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Unscheduled equipment purchase - chairs for Approved 7 Joint Communications Center ($1,890) Downey Improvement Project #730, west side Approved 7 of Tweedy Ln. betw. Blandwood & Brookpark Rds.; authorize initiation of Chapter 27 proceedings; approve $1,200 appropriation from Fund 40 authorize completion of improvements Workers' Compensation Claims Administrator Approved 7 (Colen & Lee, Inc.) - Contract Renewal ($5,703 /mth) Proposed Code Amendment re second unit Set hrg. 8/28/90 7 developments and HFB zone requirements Agreement for services - Water Well #4 Approved 7 provided by Willdan Associates for consulting services (not. o exceed $65,500) Appointments to General Plan Review Committee Approved 7 Res. #5318, approving re- appointment of Adopted 7 Toby Mileski - Parking Place Commission { Res. #5320, approving final subdivision map Adopted 7 of Parcel Map #20587 (9136 -58 Firestone B1.) CC #SS 386A - Lakewood Bi. median landscaping: Approved 7 Approve change orders totaling $9,894.55; fl accept improvements constructed; accept maintenance; responsi bi l i ty for improvements constructed Res. #5319, approving final subdivision map Adopted P P 8 of Tract Map #46264 (11033 Old River School Rd.) Establish Study Session with Charter Review Council study 8 Committee session set 8/21/90, 6 :00 p.m. Cn. Boggs re display of adult magazines Referred to staff 8 in view of minors at liquor stores Recess to Closed Session 8 Meeting adjourned to: 6 :30 p.m., August 14, 1990 8 Page 2 of 2 ti 9 G 1 t MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JULY 31, 1990 The City Council of the City of Downey held an Adjourned Regular Meeting at 7:45 p.m., July 31, 1990, in the Council Chamber of the Downey, City Hall, Mayor Roy L. Paul presiding. PRESENT: Council Members: Roy L. Paul Mayor Barbara J. Hayden Mayor Pro Tem Diane P. Boggs Robert G. Cormack Robert S. Brazelton ALSO PRESENT: Ken Farfsing, Assistant City Manager Lee Dolley, Assistant City Attorney Joyce Baker, Deputy City Clerk Ron Irwin, Fire Chief James Jarrett, Director of Community Services Clayton Mayes, Police Chief William Ralph, Director of Public Works Art Rangel, Community Development Director Dennis Chelstrom, Police Captain Robert Messinger, Assistant to the City Manager Ed. Velasco, Housing Manager Lowell Williams, Finance Manager Ron Yoshiki, City Planner June Yotsuya, Assistant to the City Manager William Doebler, Assistant Planner Mary Martineau, Associate Planner Cindi Apidgian, Executive Secretary PRESENTATIONS Mayor_ #eaui presented a Proclamation to Ned Young in recognition of his man 9 � many years of service to the Community. Mr. Young commented briefly on the history 9 Y Y and activities of the Downey Second Century Foundation, recognizing members Connie Sziebl and Willis Leach in the audience. HEARINGS: Mayor Paul opened the PUBLIC HEARING OF PROTESTS ON LOT CLEANING PROGRAM (WEED ABATEMENT). Ms. Baker affirmed the ro f of publication. Council o ub cation. It was moved by Counci P P y Member receive and ember Boggs, seconded by Council Member Hayden, nd so ordered to rece� y y , file. Ms. Baker advised that no written protests were received on this matter. Council Minutes 7/31/90 (Adj.) -1- r-, 9O4 i Mayor Paul called for those present in the audience who wished ' shed to speak � n protest of the lot cleaning program. There were none. It was moved by Council Member Cormack, seconded by Council Member Hay den , and unanimously carried to close the hearing. I t was moved by Council Member Boggs, seconded by Council Member Brazelton, and unanimously carried to affirm the assessments on properties that have been cleaned by the City during the fiscal year - Y 9 y a r 1989 90 . Mayor Paul opened the PUBLIC HEARING ON ZONE CHANGE NO. - 90 24, FOR PROPERTIES LOCATED AT 7424 -36, 7506, 7512, 7518, 7524, 7544 -46 -56 STEWART AND GRAY ROAD TO REZONE FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO R -3 (MULTIPLE FAMILY RESIDENTIAL). Ms. Baker affirmed the proof of publication. It was so ordered to receive and file. Ms. Baker advised that no correspondence had been received on this matter. Mr. Rangel summarized the staff report, recommending approval .of the proposed Zone Change. He narrated a brief slide presentation of the subject and surrounding properties. Mayor Paul called for those present in the audience who wished to speak in favor of the proposed Zone Change. Mr. Raymond Levert, 9009 Suva St., stated that rezoning the subject area would be in the best interest of the surrounding property owners by conforming the properties to their present use and allowing consistent development with the area. Mayor Paul called for those present in the audience who wished to speak in opposition to the proposed Zone Change. Mr. M using Moustafa a a El Sherif, 7613 Nada St., made a brief presentation usi P 9 overhead overlays to support his opposition. He expressed concern with the quality of life that would result with increased traffic, safety hazards, and subsequent decreased property values. He requested a scoping Environmental P 9 Impact Report be conducted to address these concerns. It was moved by Council Member Cormack, seconded by Council Member Boggs, and unanimously carried to close the hearing. Council Member Cormack commented that he is against arbitrary R -3 rezoning, but since this specific case affects only one property to conform it to the surrounding area developments, he can support this Zone Change. Mayor Paul clarified the Zone Change will affect only one lot with a small house wedged between two apartment buildings; other old Zone Exception Cases in the area will be brought into conformity. Council Member Brazelton clarified the four lots on Pomering would not be part of the Zone Change and questioned whether rezoning to R -3 would afford more liberal rights to the property owners than those they currently enjoy. Council Minutes 7/31/90 (Adj.) -2- • em, 3 90 Mr. Rangel replied the rights would not be modified. As a result of this Zone Change, new developments would be required to conform to current R -3 standards. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE OFFICIAL ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE ZONE CHANGE NO. 90 -24 The Ordinance was read by title only. It was moved by Council Member Cormack, seconded by Council Member Hayden, and unanimously carried to waive further reading and introduce. Mayor Paul opened the PUBLIC HEARING ON AMENDMENT TO DOWNEY MUNICIPAL CODE REGARDING AUTOMOBILE MECHANICAL REPAIR AND AUTOMOBILE BODY REPAIR IN C -2 (GENERAL COMMERCIAL) ZONE. Ms. Baker affirmed the proof of publication. It was moved by Council Member Boggs, seconded by Council Member Hayden, and so ordered to. receive and file. Mr. Rangel summarized the staff report, recommmending adoption of the proposed Code Amendment to revise the provisions controlling properties zoned C -2 (General Commercial). s Ms. Baker advised that no correspondence had been received on this matter. Mayor Paul asked for those present in the audience who wished to speak in favor or opposition to the proposed Code Amendment. There were none. It was moved by Council Member Cormack, seconded by Council Member Hayden, and unanimously carried to close the hearing. ORDINANCE NO. '""" AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY .;ADOPTING A CODE AMENDMENT TO THE DOWNEY MUNICIPAL CODE TO ESTABLISH AUTOMOBILE, MOTORCYCLE, AND LIGHT TRUCK MECHANICAL REPAIR AS CONDITIONAL USES WITHIN THE C-2, GENERAL COMMERCIAL ZONE AND AUTOMOBILE BODY REPAIR AS CONDITIONAL USES WHEN OPERATED IN CONJUNCTION WITH NEW AUTOMOBILE DEALERSHIPS WITHIN SAME ZONE The Ordinance was read by title only. It was moved by Council Member Cormack, seconded by Council Member Boggs, and unanimously carried to waive further reading and introduce. Mayor Paul opened the PUBLIC HEARING ON HAZARDOUS MATERIALS CHAPTER OF THE GENERAL PLAN. Ms. Baker affirmed the proof of publication. It was moved by Council Member Boggs, seconded by Council Member Hayden, and so ordered to receive and file. Council Minutes 7/31/90 (Add.) -3- 90: Mr. Farfsing explained that comments are being considered from the City Attorney's office for inclusion into the Hazardous Materials Chapter and will be available at the next meeting. I t was moved by Council Member Boggs, seconded by Council Member Brazelton, and unanimously carried to continue the hearing to 7:30 p.m., August 14, 1990 in the Downey City Council Chamber. Mayor Paul opened the PUBLIC HEARING ON APPEAL, CONDITIONAL USE PERMIT NO. 296 FOR PROPERTY LOCATED AT 9068 FIRESTONE BOULEVARD WHICH WAS CONTINUED FROM THE MEETING OF JUNE 12, 1990. He advised the applicant is requesting this hearing be continued to the next meeting and staff concurs with this request. It was moved by Council Member Hayden, seconded b y Council Member Cormack, and unanimously carried to continue the hearing to 7:30 p.m., August 14, 1990 in the Downey City Council Chamber. Mayor Paul opened the PUBLIC HEARING ON APPEAL, PLANNING COMMISSION DECISION ON DESIGN REVIEW BOARD CASE NO. 90 -08 FOR PROPERTY LOCATED AT 12160 DOWNEY AVENUE: CONVERSION OF SERVICE STATION TO AN AUTO REPAIR SHOP IN C -2 ZONE. Ms. Baker affirmed the proof . of publication. It was moved by Council Member Hayden and ordered ' y s o to receive and file. Mr. Rangel summarized the staff report, recommending approval of a Minute Action to uphold the Planning Commission's decision of conditional approval. He narrated a brief slide presentation of the subject area. It was clarified that because the tenant's lease will expire on October 31, 1991, the Planning Commission did not impose all of the original conditions set by the Design Review Board. Ms. Baker advised that a letter had been received in the City Clerk's office from Mr. Steven P. Dohrman, property manager, Dasco Company, 12136 -12152 Downey Avenue, expressing opposition to Design Review Board Case #90 -08 due to inadequate on -site parking. She noted copies had been distributed to Council Members, staff, and the public lobby and library packets. i k It was moved by Council Member Hayden, seconded by Council Member Brazelton, and so ordered to receive and file. Mayor Paul asked Mr. Gibby or his representative if they wished to speak on this matter. Mr. Tom Gibby, 12160 Downey Ave., advised he has complied with all the Planning Commission's conditions except for the landscape and striping requirements which will be completed over the weekend. In response to a question by Mayor Paul, Mr. Gibby replied that he sells used cars for his customers on consignment. Mayor Paul noted this use was inconsistent at an auto repair facility. Council Minutes 7/31/90 (Adj.) -4- 904„, Mayor Paul asked for those present who wished to speak in favor of the Design Review Board Case. There were none. He then asked if anyone present wished to speak in opposition. Mr. Cliff Maldonado, 11550 Paramount Blvd., questioned whether a survey had been taken on the number of automobile repair /body shops in Downey. He suggested there be a limit to such facilities. Mr. Gibby did not wish to speak in rebuttal. Council Member Boggs supported the decision of the Planning Commission, noting that should the lease continue past October 31, 1991, the Design Review �-, Board conditions would not be unreasonable. It was moved by Council Member Boggs and seconded by Council Member Cormack to approve a Minute Action upholding the decision of the Planning Commission. It was moved by Mayor Paul, seconded by Council Member Cormack to amend this motion to include a specific completion date of August 6, 1990 for all conditions to be set and a provision that there be no used car sales on the lot unless required conditions pertaining to used auto sales are satisfied. Assistant City Attorney Dolley clarified that it would be appropriate to apply a condition of no used car sales at this site with the understanding that a request could be made in the future for this use. Mr. Gibby stated for the record that the date of August 6, 1990 would be agreeable as the completion date. He also mentioned he is a dealer, obtaining a business permit two years ago from the City to sell cars at this location for a one year period. After this time, he assumed he could continue selling used cars as All Makes Auto Center. Mr. Farfsing clarified that if Mr. Gibby wants to sell used cars, he must appear before the Design Review Board and Planning Commission to request this use. It was moved by Council Member Cormack, seconded by Council Member Brazelton, and unanimously carried to amend the original motion by stating this approval OP expire when the lease terminates on October 31, .1991. Council Member Boggs questioned the landscape plan should Mr. Gibby wish to continue selling used cars. Mr. Farfsing advised that Mr. Gibby would have to bring in an exhibit showing how he would display the cars properly before this issue can be addressed. The vote was unanimous to approve the first amendment to establish August 6, 1990 as the final re completion date for required conditions and that p q used cars cannot be sold on the site unless Mr. Gibby meets the conditions for approval pertaining to used auto sales. The vote was unanimous to approve the original motion as amended to adopt a Minute Action to uphold the decision of the Planning Commission. Council Minutes 7/31/90 (Adj.) -5- • ‘ t ORAL COMMUNICATIONS Lennie Whittington, 8542 Manatee St., spoke regarding an alleged truck stop 9 9 9 p at 12739 Lakewood Blvd., citing safety hazards /nuisances that have resulted from this use. He referenced a video tape made over a four -day period, showing at least seven different companies using this location as a dispatch center 24 hours a day. Mayor Paul directed staff to look into this matter. Ms. Julie Gaston, 10516 Chaney Ave., questioned the City's policy on street vendors with regard to permit issuance and enforcement. Mr. Williams advised the City requires a business license and heavy l i a b i l i t y insurance for sellers in the public right -of -way. Chief Mayes advised the Special Enforcement Team will be directing their attention to enforcement in this area. Mr. Cliff Maldonado, 11550 Paramount Blvd., expressed concern with children selling newspaper subscriptions on a door -to -door basis and inquired into the licensing procedure. Mayor Paul directed staff to look into this matter. The meeting recesses! at 8 :47 p.m. and reconvened at 9 :00 p.m. with all Council Members present. ITEMS REMOVED FROM THE CONSENT CALENDAR Agenda Item VI C1 CASH CONTRACT 9 0 RACT #S.S. 386A LAKEWOOD EWOO BOULEVARD MEDIAN LANDSCAPING: APPROVE CHANGE ORDERS AND ACCEPT IMPROVEMENTS, and Agenda Item VI - F -2 g TRACT MAP NO. 46264, 11033 OLD RIVER SCHOOL ROAD: APPROVE FINAL SUBDIVISION MAP were removed by Mayor Paul. It was moved by Council Member Hayden, seconded by Council Member Boggs, and unanimously carried to waive further reading of the Resolutions and approve the remainder of the Consent Calendar as recommended: MINUTES: REORGANIZATION MEETING, JULY 3, 1990; ADJOURNED REGULAR MEETING, JULY 10, 1990; REGULAR MEETING, JULY 10, 1990: Approve. CASH CONTRACT NO. S.S. 424 - CITYWIDE RESURFACING: APPROVE CHANGE ORDER AND ACCEPT IMPROVEMENTS consisting of increased excavation and pavement removal in the amount of $399: Approve. CASH CONTRACT NO. 564 - SOUTH CITY WATER TRANSMISSION MAIN: APPROVE COMPLETED IMPROVEMENTS, ACCEPT MAINTENANCE RESPONSIBILITY AND APPROVE EXTRA WORK IN THE AMOUNT OF $45,213.18 for the construction of various sizes of water mains in Paramount Boulevard, Imperial Highway, and Old River School Road: Approve. WARRANTS ISSUED: 125848- 26479, $2,832,830.10: Approve. MILEAGE-REIMBURSEMENT RATE set by the Internal Revenue Service as of February 1 of each year (currently $.255 /mile): Approve. Council Minutes 7/31/90 (Adj.) -6- M1 9 0 UNSCHEDULED EQUIPMENT PURCHASE — CHAIRS FOR JOINT COMM'IUNICATIONS CENTER at a cost of $1,890 to replace three chairs`: Approve. DOWNEY IMPROVEMENT PROJECT NO. 730, WEST SIDE OF TWEEDY LANE BETWEEN BLANDWOOD AND BROOKPARK ROADS: AUTHORIZE INITIATION OF CHAPTER 27 PROCEEDINGS, APPROVE $1,200 APPROPRIATION FROM FUND 40, AND AUTHORIZE DEPARTMENT OF PUBLIC WORKS TO PROCEED WITH COMPLETION OF IMPROVEMENTS: Approve. WORKERS' COMPENSATION CLAIMS ADMINISTRATOR (COLEN AND LEE, INC.) - CONTRACT RENEWAL for the 1990 -91 fiscal year at the monthly rate of $5,703 effective July 1, 1990: Approve. --,, PROPOSED DOWNEY MUNICIPAL CODE AMENDMENT REGARDING SECOND UNIT DEVELOPMENTS and Housing Factory Built Overlay Zone requirements: Set hearing for 7:30 p.m., August 28, 1990 in the Downey City Council Chamber. AGREEMENT FOR PROFESSIONAL SERVICES - WATER WELL NO. 4 provided by Wilidan Associates for consulting services deemed necessary by the Water Division at a total cost not to exceed $65,500: Approve. APPOINTMENTS TO GENERAL PLAN REVIEW COMMITTEE: Approve. RESOLUTION NO. 5318 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE RE- APPOINTMENT OF TOBY MILESKI TO THE PARKING PLACE COPVII SS I ON FOR FOUR YEARS FOR COUNCI LMANI C DISTRICT ONE RESOLUTION NO. 5320 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY NO. 2 5 APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP 0. 0 8 7 (9136 -58 FIRESTONE BOULEVARD) OTHER BUSINESS - Items Removed from the Consent Calendar: { CASH CONTRACT #S . S . 386A - LAKEWOOD BOULEVARD MEDIAN LANDSCAPING: APPROVE CHANGE ORDERS AND ACCEPT IMPROVEMENTS Mayor Paul requested the record reflect Council's vote on this issue. It was moved by Council Member Hayden, seconded by Council Member Boggs, and carried by the following vote to approve Change Order Numbers 1 through 4, totaling $9,894.55, accept the improvements constructed under Cash Contract No. S.S. 386A and accept the maintenance responsibility for the improvements constructed: AYES: 4 Council Members: Boggs, Hayden, Brazelton, Cormack NOES: 1 Council Member: Paul _ a Council Minutes 7/31/90 (Adj.) -7- • • 9 r TRACT MAP NO. 46264, 11033 OLD RIVER SCHOOL ROAD: APPROVE FINAL SUBDIVISION MAP Mayor Paul requested staff research a Code Amendment limit ' q to m� t res� dents al condominium projects to two stories. He commented that this particular project is three stories in height and is inconsistent with neighborhood development. Discussion ensued whether this tract map was previously brought before the Council. Staff was directed to look into this matter. RESOLUTION NO. 5319 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP NO. 46264 (11033 OLD RIVER SCHOOL ROAD SOUTH OF PELLET STREET) The Resolution was read by title only. It was moved b y Mayor or Paul seconded by Council Member Brazelton, and carried by the following vote to waive further reading and adopt: AYES: 4 Council Members: Boggs, Haden Brazelton, Paul 99 Hayden, , NOES: 1 Council Member: Cormack OTHER BUSINESS - Council Members: ESTABLISH STUDY SESSION WITH CHARTER REVIEW COMMITTEE Council Member Hayden clarified the first session would be comprised of only Council Members for discuss the recommendations made to the Charter. After further discussion, it was decided the Council Charter Review study session will be Tuesday, August 21, 1990 at 6:00 p.m., in the Council Chamber. Council Member Boggs advised that many liquor stores are displaying adult magazines in full view of minors. Staff was directed to look into this matter. Mayor Paul announced the meeting is recessing to closed session (9:10 p.m.) to complete, discussion on items previously announced on the closed session statement.-:(See Adjourned Regular Meeting Minutes, July 31, 1990). The meeting reconvened in open session at 9:28 p.m. with all Council Members present. There were no closed session actions to report. ADJOURNMENT: 9:28 p.m. The meeting was adjourned to 6 :30 p.m., August 14, 1990, in the Council Chamber of the Downey City Hall. )(CI)jj C 1111 - .., Jct. c . B-aker, -. puty City Clerk Roy L. 1, Mayor Council Minutes 7/31/90 (Adj.) -8-