HomeMy WebLinkAboutMinutes-08-27-91-Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
AUGUST 27, 1991
T A B L E O F MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Proclamation honoring Senior Airman Brian Cheke
for his military service in the Persian Gulf 1
Proclamation recognizing National Job Training
Partnership Act Alumni Week & Alumnus Award to
Pedro Llamas 1
Recognition of Betsy Stewart, Keith Adams, and
Art Aguilar for their efforts on the National
Job Training Partnership Act 1
Res. #5477 denying Appeal to modify conditions of
Zone Variance #660 (7447 Firestone Blvd.) Adopted 3
Hearing on Appeal, Zone Variance #91 -75
(8423 Priscilla St.) Cont. to 9/24 4
Hearing on Appeal , Vesting Tentative Parcel Map
#50450, Zone Variance #91 -63, & Conditional
Use Permit #91 -64 (10331 Downey Ave., A -H) Cont. to 9/24 4
Dr. Gary McCaughan re problem with Anesthesiology
Section of Downey Community Hospital & request
of appointment with City Manager 4
Lennie Whittington re information for public review
& inaudible tape cassettes of Council meetings 4
Minutes: Special al Called Mtg., August 6, 1991;
P 5
Adj. & Reg. Mtgs., August 13, 1991 Approved
Warrants issued: #38270 -38690 Approved 5
Federal Library Services & Construction Act -
Grandparents & Books Grant Approved 5
Amendments to Southeast Water Coalition Agreement Approved 5
Res. #5478 admitting City of Fullerton to membership
in Independent Cities Risk Management Authority Adopted 5
Res. #5479 approving Final Subdivision Map #50264
(9333 Elm Vista Dr.) Adopted 5
Res. #5480 approving Final Subdivision Map #50265
(9317 Elm Vista Dr.) Adopted 5
Page 1of2
COUNCIL MINUTES, AUGUST 27, 1990
TABLE OF ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NC
Res. #5481 prohibiting parking at all times on
east side of Dolan Ave. from Cherokee Dr. to
Seventh St. Adopted 5
Res. #5482 declaring intent to vacate alley easterly
fromm Rives Ave. southerly of Telegraph Rd. Adopted 6
Res. #5483 naming the newly created street of
Tentative Tract Map #50440 (Comolette St.) Adopted 6
Res. #5484 approving agreement dated August 27, 1991
by & between City of Downey, Downey Community
Development Commission & Murata Family Adopted 6
Ord. #933 amending Downey Municipal Code, Section
3186(q) re speed limit on Brookshire Ave. Adopted 6
Ord. #934 amending Downey Municipal Code, Sections
9104.193 & 9150.22(a) & (h) re standards for paving
materials for parking & driveway areas Adopted 6
Ord. #935 amending Downey Municipal Code, Sections
9150.18(b)(1) & 9150.18(b)(3) re properties with
one -car garages & driveway widths Adopted 6
Establish Study Session for Counci lmani c District 2 Set for 9/3 & 9 5
I / 7
City Council Committee Assignments Approved 8
Cn. Brazelton re legality of trucks parked at
7447 Firestone Blvd. 8
Cn. Cormack re support of Air Force B -2 Bomber
Program
8
Recess to Closed Session • = 8
Adjourned in memory of Gene Nei l an, longtime Downey
y
resident & business owner
Meeting adjourned to 6 :30 p.m., September 3, 1991 8
Page 2 of 2
9318
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
AUGUST 27, 1991
The City Council of the City of Downey held a regular meeting at 7:40 p.m.,
August 23, 1991, 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
Robert G. Cormack
Robert S. Brazelton
ALSO PRESENT: Gerald Caton, City Manager
Peter Thorson, City Attorney
Judith McDonnell, City Clerk
Ron Irwin, Fire Chief
Jim Jarrett, Director of Community Services
Clayton Mayes, Police Chief
Art Ran gel , Director of Community Development
Richard Redmayne, Director of Public Works
Lowell W i l l i a m s , Director of Finance
Ron Yoshi ki , Asst. Community Development Director /City Planner
Robert Brace, City Engineer
Dennis Groat, Fire Marshall
Victoria Jenkins, City Librarian
June Yotsuya, Assistant to the City Manager
Cindi Apidgian, Executive Secretary
PRESENTATIONS
Mayor Hayden presented a Proclamation honoring Senior Airman Brian Cheke
for his military service in the Persian Gulf.
0.` Mayor Hayden P resented a Proclamation regarding National Job Training
y y
Partnership Act Alumni Week and recognizing the winner of the outstanding
Alumnus Award to Pedro llamas.
Mayor Hayden Betsy recognized zed Bets Stewart and Keith Adams from Cerritos
y
College for their service to this program, and also recognized Art Aguilar as
Downey's representative to the National Job Training Partnership Council.
HEARINGS
Mayor Hayden opened the public hearing on APPEAL OF A REQUEST TO MODIFY
CONDITIONS OF ZONE VARIANCE NO. 660 FOR PROPERTY LOCATED AT 7447 FIRESTONE
BOULEVARD which was continued from the meeting of July 23, 1991.
Council Minutes 8/27/91 -1-
. 3 1 9 Ms. McDonnell
affi rmed the proof of publication which was received and
filed.
Mr. Rangel summarized the staff report, narrating a brief slide
r sentation of the subject e e sub, ect property that depicted the lack of site
improvements required as part of the approved Zone Variance. He discussed the
necessary work to be done, noting the applicant has done superficial work such
as slurry sealing the parking lot. The applicant has been ranted time
extensions in the past g •
• p and i s now facing revocation of his Zone Variance for
lack of compliance with all conditions. He explained staff's intent is not to
remove the sign, but that the conditions of the Zone Variance be satisfied.
There was no correspondence received on this matter.
Mr. Robert G. Leff, 5535 Balboa Blvd., Suite 114, Encino, distributed a
summary of his remarks. He discussed the current recession and its effects on
the applicant's condominium sales and restaurant business. Mr. Leff stated the
applicant has done what he can to upgrade the subject property, including
fixing the sign, painting, slurrying and restri pi ng the parking lot. He
referenced recent photographs and slides showing these improvements, and
questioned the ambiguity of the landscaping requirement in the Zone Variance
approval . He spoke regarding the truckers who frequent the restaurant on a
regular basis, and use of the site for television and movie P roductions.
Possible future expansion plans to include automobile uses were mentioned as a
way to help boost the City's tax base. The applicant has tried to buy the
corner property for this purpose but due to other problems, he has not
purchased that parcel at this time.
Mr. Chris Smyrniotis, 7447 Firestone Blvd., stated he is P roud of the
improvements made, although they are not completed per the required conditions
of the approved Zone Variance at this time.
There being no one else to speak in favor or opposition to the Appeal, it
was moved by Council Member Cormack, seconded by Council Member Brazelton, and
so ordered to close the public hearing. '
Council Member Cormack noted his attendance at the Planning Commission
meeting wherein these issues were discussed. He mentioned the temporary
P Y
cosmetic painting of the parking lot, and questioned why the fair conditions
placed on this approval have not been completed.
Council Member Boggs noted the original Zone Variance was applied p for in
1989, and now
ow two years later an extension i s being requested to allow time for
further property maintenance at the site to meet the required She
discussed the existence of a financial hardship, the landscaping plan that
should be g P
submitted to the City after receiving City requirements, and the
future plans mentioned to redevelop the property.
Council Member Brazelton stated the applicant has had approximate) Y one
and one -half years to meet the conditions of approval. If there were q uestions
regarding the conditions, they should have been asked during this time. He
would be willing 9
ng to allow the applicant i cant 60 days to meet with staff and complete
all conditions,
Council Minutes 8/27/91 -
r—•
Mayor Hayden questioned whether there are plans for redevelopment on this'
property.
Mr. Leff replied there are no specific plans to redevelop the site at this
time. He noted his client is working with an architect, but this information
is confidential in nature. He indicated the reason for not questioning the
conditions in the beginning was because the applicant agreed to all the
conditions imposed, although there has been a decrease of business in the area
due to the economy. Mr. Leff stated the site is well landscaped now; if there
is more to be done, staff should tell the applicant how to complete the
landscaping. He requested a time extension to December 31, 1991 to complete
all conditions.
Mayor Hayden questioned whether a permit was issued for the work that was
completed and Mr. Leff replied that to his knowledge, no permit was needed.
Council Member Cormack reiterated the fact that the parking lot has not
been paved as required, nor has a landscape plan been submitted.
RESOLUTION NO. 5477
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING
THE APPEAL OF A REQUEST TO MODIFY CONDITIONS OF ZONE VARIANCE NO. 660
BY EXTENDING THE WORK SCHEDULE FOR PROPERTY MAINTENANCE AT
7447 FIRESTONE BOULEVARD, ZONED C -2
It was moved by Council Member Cormack and seconded by Council Member
Boggs to waive further reading and adopt. (See later withdrawal of second).
Council Member Brazelton suggested the applicant be allowed a 30 day
extension to submit plans for approval, and staff could require a bond be
posted to accomplish the proposed work with a deadline of November 30, 1991.
This would accommodate the applicant and protect the City's interests also.
Council Member Boggs noted her goal is to have all the conditions of the
approved Zone Variance completed. She concurred with Mr. Brazel ton' s comments
and withdrew her second to the motion.
After further discussion, Mr. Thorson advised that conditions could be
imposed on this Resolution of denial, using language that would reverse the
denial if these conditions are met.
It was moved by Council Member Cormack, seconded by Council Member Boggs,
and unanimously approved to waive further reading and adopt, pursuant to the
denial taking effect unless plans are submitted within 30 days for landscaping
and parking and approved by the Planning Division, and a bond posted to ensure
completion by November 30, 1991 to the satisfaction of the Planning Division.
Mayor Hayden opened the public hearing on APPEAL, ZONE VARIANCE NO. 91 -75, •
8423 PRISCILLA STREET, ZONED R1 -5000. Mayor Hayden noted the applicant has
requested this hearing be continued to the Council meeting of September 24, 1991
as her attorney is out -of -town at this time.
Council Minutes 8/27/91 -3-
It was moved by Council Member Boggs, seconded by Council Member
Brazel ton, and unanimously carried to continue this public hearing to
7:30 p.m., September 24, 1991 in the Downey City Council Chamber.
Mayor Hayden opened the public hearing on APPEAL, VESTING TENTATIVE PARCEL
MAP NO. 50450, ZONE VARIANCE NO. 91 -63, AND CONDITIONAL USE PERMIT NO. 91 -64
FOR PROPERTY LOCATED AT 10331 DOWNEY AVENUE, A -H which was continued from the
meeting of July 23, 1991.
Mr. Rangel noted that the engineer for this project, Mr. Mike Klipa, is in
the audience to request a continuance.
Mr. Michael Klipa, 8826 Oceanview Ave., Whittier, requested a continuance
as the applicant cannot be present at this time. fl
of this hearing P p �
It was moved by Council Member Cormack, seconded by Council Member
Brazelton, and unanimously carried to continue this public hearing to
7:30 p.m., September 24, 1991 in the Downey City Council Chamber.
ORAL COMMUNICATIONS
Dr. Gary McCaughan, 7918 8th St., distributed material referencing an
issue regarding the Anesthesiology Section of Downey Community Hospital. He
noted that he has received a certified letter from the Hospital that states if
he does not sign this letter by the end of business hours on Friday, he w i l l be
out of a job. He discussed jurisdictional rights, citing the City Charter,
Article 4, 6, and 7 and other sources regarding power and enforcement rights.
He requested an immediate meeting with the City Manager regarding this problem
with the Hospital and return of his documents should anyone not care to read
them.
Mr. Caton indicated he w i l l schedule a meeting with Dr. McCaughan after
the Council meeting tonight.
Council Member Boggs stated she will return the document to Dr. McCaughan
and refer this matter to the City Attorney.
Mr. Thorson advised the document may be returned; however, it has now
become part of the public record.
Mr. Lennie Whittington, 8542 Manatee St., mentioned the law requires that
whenever documents are presented at a public hearing, these documents must also
be made available to the public. He also noted that on the cassette tapes of
recent Council meetings, it is difficult to hear some Council Members and
staff; fie requested that all speakers turn on their microphones prior to
P
speaking.
Mr. Thorson advised that when copies of items are presented to the Council
outside the agenda packet, a copy must also be made available to the public.
However, this policy does not extend to documents received during the course of
the hearing because often times only one copy is presented.
The meeting recessed at 8:45 p.m. and reconvened at 9:51 p.m. with all
Council Members present.
Council Minutes 8/27/91 -4-
ENT CALENDAR 9322 CANS
Mr. Thorson advised that on AGENDA ITEM VI -F -7 REGARDING THE RESOLUTION
AND APPROVING THE AGREEMENT WITH THE MURATA FAMILY, minor revisions have been
made to the Resolution and Agreement, copies of which are available to the
public on the back table. Staff recommends this item be approved with the
modifications made to the Resolution and Agreement dated August 27, 1991.
It was moved by Council Member Cormack, seconded by Council Member Boggs,
and unanimously carried to waive further reading of the Resolutions and adopt
the Consent Calendar.
MINUTES: SPECIAL CALLED MEETING, AUGUST 6, 1991; ADJOURNED AND
�--. REGULAR MEETINGS, AUGUST 13, 1991: Approve.
WARRANTS ISSUED: 138270 - 38690, $1,361,083.52: Approve.
FEDERAL LIBRARY SERVICES AND CONSTRUCTION ACT (LSCA) GRANDPARENTS
AND BOOKS GRANT from the California State Library in the amount of
$5,000 to be expended for library materials and operations: Approve.
AMENDMENTS TO SOUTHEAST WATER COALITION AGREEMENT: Approve.
• RESOLUTION NO. 5478 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROVIDING
FOR THE ADMITTANCE OF THE CITY OF FUL L ERTON TO MEMB ERS H I P
IN THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY
RESOLUTION NO. 5479 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
THE FINAL SUBDIVISION NAP OF TRACT MAP NO. 50264 (9333 ELM VISTA
DRIVE), APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTANCE
OF A CASHIER'S CHECK IN LIEU OF SURETY BONDS
RESOLUTION NO. 5480 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
THE FINAL SUBDIVISION MAP OF TRACT NAP NO. 50265 (9317 ELM VISTA
DRIVE ) , APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTANCE
OF A CASHIER'S CHECK IN LIEU OF SURETY BONDS
RESOLUTION NO. 5481 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING
PARKING AT ALL TIMES ON THE EAST SIDE OF DOLAN AVENUE FROM
CHEROKEE DRIVE TO SEVENTH STREET
Council Minutes 8/27/91 -5-
1E3t3 RESOLUTION NO. 5482 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING
ITS INTENTION TO VACATE THE ALLEY EASTERLY FROM RIVES AVENUE
SOUTHERLY OF TELEGRAPH ROAD
RESOLUTION NO. 5483 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY NAMING THE
NEWLY CREATED STREET OF TENTATIVE TRACT MAP NO. 50440
(COMOLETTE STREET)
RESOLUTION NO. 5484 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
THAT CERTAIN AGREEMENT DATED AUGUST 27, 1991 BY AND BETWEEN e—i
THE CITY OF DOWNEY, COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF DOWNEY AND THE MURATA FAMILY
ORDINANCES NOT SET FORTH ABOVE
ORDINANCE NO. 933
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING
THE DOWNEY MUNICIPAL CODE, SECTION 3186(Q) RELATING TO THE
SPEED LIMIT ON BROOKSHIRE AVENUE (ORDINANCE NO. 262)
Mr. Redmayne explained this Ordinance was introduced at the regular
Council meeting of August 13, 1991; tonight w i l l be the second reading
prior to adoption.
The Ordinance was read by title only. It was moved by Council
Member Boggs, seconded by Council Member Brazelton, and unanimously
carried to waive further reading and adopt.
ORDINANCE NO. 934
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING
SECTIONS 9104.193 AND 9150.22(a) AND (h) OF THE DOWNEY MUNICIPAL
CODE (CHAPTERS 1, ARTICLE IX) AS SAID SECTIONS PERTAIN TO
ESTABLISHING STANDARDS RELATED TO SUITABLE PAVING
MATERIALS FOR PARKING AND DRIVEWAY AREAS
Mr. Caton stated this Ordinance is being returned for the second
reading prior
to adoption.
9 P
The Ordinance 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.
Council Minutes 8/27/91 -6-
ORDINANCE NO. 935
9324
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING
SECTIONS 9150.18(b)(1) AND 9150.18(b)(3) OF THE DOWNEY MUNICIPAL CODE
(CHAPTERS 1, ARTICLE IX) AS SAID SECTIONS RELATE TO PROPERTIES WITH
ONE -CAR GARAGES AND THEIR DRIVEWAY WIDTHS
by It
was moved b Council Member Cormack, seconded by Council Member
B razel ton , and carried by the following vote to waive further reading
and adopt:
AYES: 3 COUNCIL MEMBERS: Cormack, Brazelton, Hayden
NOES: 1 COUNCIL MEMBERS: Boggs
OTHER BUSINESS - CITY COUNCIL MEMBERS
ESTABLISH STUDY SESSION REGARDING COUNCIL VACANCY IN DISTRICT 2
Mayor Hay den indicated that seven applications have been received
y
for this position, and mentioned the Council is not bound to appoint
from these applicants.
Discussion ensued regarding the time, date and time restriction on
interviews for each applicant. It was the consensus of Council to meet
in open session at 6:30 p.m., September 3, 1991 in the Downey City
Council Chamber to interview the first four candidates in alphabetical
order; the remaining Council candidates would be interviewed in
alphabetical order during a public meeting held at 6:30 p.m., September
5, 1991 in the Downey City Council Chamber. Each candidate interview
would be limited to 30 minutes.
Mr. Caton suggested each Council Member submit questions to the
Mayor which would then be consolidated and mailed to each applicant
prior to their interview in order for them to prepare their answers.
Mayor Hay den requested each applicant present i n •the audience come
Y
forward to the podium and state their name and address.
Mr. Lawrence Chaney, 11956 Heritage La y, a Circle, stated his name and 9
address as a District 2 Council candidate for the record.
Meredith Perkins 12729 Smallwood Avenue, stated his name and
d
• address as a District 2 Council candidate for the record.
CITY COUNCIL COMMITTEE ASSIGNMENTS
•
Mayor or Hay den noted the absence of the Southeast Mosquito Abatement
District on the Council Committee list and questioned who the
representative was since the Council has not had any information
reported to them from this body.
Ms. McDonnell informed the Mayor that Mr. Tom Morton, former Mayor
r i s the current representative who _has been serving
and Council Member,
this District for many years. Mayor Hayden requested more information
regarding expiration of his appointment.
Council Minutes 8/27/91 -1-
9s ��
. Council Member Boggs requested that the words "Executive Board 11 be
added to the PIC (Private Industry Council) title for clarification.
She also questioned the absence of a representative for the Air Quality
Management District (AQMD).
Mr. Caton advised that the Community Development Department reviews
all documents and gives the City Manager a summary of every issue. In
turn, the City Manager will pass this information on to the Council.
Council Member Cormack mentioned he has attended some AQMD meetings
and encouraged monitoring the meetings to be kept informed of all
decisions.
Council Member Brazelton questioned the legality of the large 7
trucks on property located at 7447 Firestone Boulevard.
Mr. Rangel explained the City would need to have someone posted at
the site for 24 hours to monitor the movement of trucks in order to
establish a legal case.
Mr. Caton stated staff is working on a proposed Code Amendment to
address this issue, noting it is difficult because the area is zoned
commercial and an Ordinance might bind some of the businesses in the
area that need truck services.
Council Member Cormack discussed a Resolution recently adopted by
the City of Hawthorne regarding support of continued production of the
U.S. Air Force B -2 Bomber. He encouraged similar support from the City
of Downey and was informed this item would be returned at the next
meeting for consideration.
Mayor Hayden noted that she is the delegate for the City Selection
Committee and requested her name be included on the City Council
Committee Assignment list in this capacity.
Mayor Hayden announced the meeting is recessing (9:14 p.m.) to
Closed Session to complete discussion of items previously noted on the
Closed Session Statement.
The meeting reconvened at 9:45 p.m. with all Council Members
present. There were no Closed Session actions to report.
ADJOURNMENT: 9:45
p.m.
The meeting was adjourned in memory of Gene l eilan, longtime Downey
resident and business owner, to 6:30 p.m., September 3, 1991 in the
Council Chamber of the Downey City Hall.
F
r` ,. o , .. ; 4 . sue e, r ��Yr /' .✓L..
�" Lam` r
dith E. McDonnel , CI* Clerk Barbara J. Ha. d rf " r
Council Minutes 8 /27/91 -8-
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