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HomeMy WebLinkAboutMinutes - 10-10-00 - Regular MeetingMINUTES OF THE CITY COUNCIL ~ i~ ~ ~ `~ OF THE CITY OF DOWNEY OCTOBER 10, 2000 The City Council of the City of Downey held a regular meeting at 7:45 p.m., October 10, 2000, in the Council Chamber of the Downey City Hall, Mayor Keith McCarthy presiding. PRESENT: Council Members: Keith McCarthy Mayor Robert C. Winningham Mayor Pro Tem Meredith H. Perkins Gary P. McCaughan, M.D. Barbara J. Riley ALSO PRESENT: Gerald M. Caton, City Manager Charles Vose, City Attorney Judith McDonnell, City Clerk-Treasurer Lee Powell, Assistant City Manager Desi Alvarez, Director of Public Works John Finch, Police Chief Darrell George, Director of Community/Economic Development James Jarrett, Director of Community Services Mark Sauter, Fire Chief Linda Haines, Building Official Ron Yoshiki, Asst. Director of Community Dev./City Planner John Michicoff, Assistant Finance Director June Yotsuya, Assistant to the City Manager Shirley Conte, Executive Secretary PRESENTATIONS: None HEARINGS Mayor McCarthy opened the public hearing on APPEAL TO ZONE VARIANCE NO. 00-63, FOR PROPERTY LOCATED AT 9311 GALLATIN ROAD, which was continued from the Council Meeting of September 26, 2000. Mr. Yoshiki narrated slides of the subject site, which is 67.57 feet wide, and the 18 surrounding properties on the north side of Gallatin Road that are also less than 70 feet wide. He reiterated discussion that transpired at the September 26th Council Meeting, noting the Downey Municipal Code does not allow a circular driveway on property less than 70 feet wide. In this case, the driveway was installed without obtaining proper permits. He noted the appellant had referred to property at 9235 Lubec Street with a circular driveway, where the same contractor had been utilized, and questioned why that project was allowed. Council directed staff to review this claim, found the Lubec Street property also did not obtain the necessary permits and has referred it to Code Enforcement for further action. Council Minutes 10/ 10/00 -1- -~ G 1~~; ~~ There was no correspondence received regarding this matter since the last meeting. Mayor McCarthy asked if the applicant had any further comments to make at this time. Janet Kim, 9311 Gallatin Road, stated her neighbors at 9235 Lubec Street are now in the same position as her family, noting the same contractor was utilized for both jobs. She requested her family be allowed to keep the circular driveway, stating if they had known the City's Code existed, they would not have pursued the project. She felt the driveway adds to the look of their front yard and the neighborhood and causes property values to go up. Mayor McCarthy asked if there was anyone wishing to speak regarding Zone Variance No. 00-63. David Bowers, 10620 Dolan Avenue, spoke in favor of the applicant's request, stating he felt the project was initiated to improve the property's value, felt the driveway was not detrimental to the appearance of the neighborhood and suggested the zone variance be considered. James Stevens, 9303 Gallatin Road, spoke in favor of the applicant's request. He noted Code Enforcement personnel and building inspectors drive by this area several times each day and should have checked on the project while it was underway. Mario Polselli, 9330 Gallatin Road, directly across the street from the applicant, mentioned receiving correspondence from the City notifying him this issue would be heard before the City Council, but did not attend, as he did not object to the circular driveway. He mentioned improvements the Kims have made to their property since moving into the neighborhood and urged the Council to approve the appeal and issue the zone variance. There being no one else to speak in favor or in opposition, it was moved by Council Member Winningham, seconded by Council Member McCaughan, and so ordered to close the hearing. RESOLUTION NO. 6399 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND DENYING ZONE VARIANCE NO. 00-63 (APPELLANT/PROPERTY OWNER: JEONG KIM) RELATING TO SECTION 9150 OF THE DOWNEY MUNICIPAL CODE, TO PERMIT A CIRCULAR DRIVEWAY IN THE 67.57 FOOT WIDE LOT ON PROPERTY AT 9311 GALLATIN ROAD, ZONED R1-10,000 (SINGLE FAMILY RESIDENTIAL) The Resolution was read by title only. It was moved by Council Member Winningham, seconded by Council Member McCaughan, and unanimously carried (5-0) to waive further reading and adopt. Council Member Perkins stated he had requested this hearing be continued to allow staff time to review the property at 9235 Lubec Street, which was also found to not have the proper permits. He mentioned 18 lots surrounding the Kim's property that do not meet the required 70 foot width for a circular driveway and stated he was not in favor of approving this zone variance. Council Minutes 10/10/00 -2- +~ .. ~ ~~~~~ Council Member Winningham referred to comments from surrounding property owners on Gallatin Road and noted the number of properties in the City that would be affected by the proposed zone variance. He stated the 70-foot width stipulation was set as a safety concern factor. He felt the Kims are innocent victims and suggested the City have inspection cards that are kept in public view to inform other residents that the job being performed is permitted. He noted the recourse is to prosecute the contractor in this case. Council Member McCaughan indicated permits are required and to justify this situation would not be fair unless the Municipal Code was being considered for a change. He felt allowing the zone variance would set a precedent and did not favor that. Council Member Riley felt the applicant should have realized something was not right when additional cement had to be added to correct the turn into the driveway and suggested they go after the contractor. She was not in favor of issuing the zone variance. Mayor McCarthy supported the comments of the other Council Members and suggested staff gather information on the contractor, as he felt this was the applicant's only recourse. Mayor Mc Carthy opened the public hearing on APPEAL TO ZONE VARIANCE NO. 00-36, FOR PROPERTY LOCATED AT 9515 LAKEWOOD BOULEVARD, which was continued from the Council Meeting of September 26, 2000. Mr. Yoshiki explained the inquiry made by the Council at its September 26, 2000, Meeting regarding freestanding signs at other City auto dealerships. The Council also requested staff bring back Resolutions for both approval and denial of the appeal. He narrated slides of the subject site on the southwest corner of Lakewood Boulevard and Gallatin Road and advised that a conforming sign is 24 feet high and 80 square feet in area, while the current sign is 43 feet high and 159 square feet in area. He mentioned a variance was granted for Simpson Buick and Oldsmobile, where the sign is 36 feet high and 130 square feet in area and noted the Downey Ford sign is non-conforming. He pointed out options, such as denying the appeal and variance, granting the appeal and approving the variance at the current height and square footage, and granting the appeal and variance for a sign of lesser height. Ms. McDonnell advised that correspondence was received today from Roger Harmon, 10538 Dolan Avenue, urging the Council to not grant the variance, with copies distributed to the Council and placed in the public packets. It was moved by Council Member Winningham, seconded by Council Member Perkins, and so ordered to receive and file. Mayor McCarthy asked if the applicant had any further comments to make regarding the appeal to Zone Variance No. 00-36, Michael Arkin, owner of Downey Lincoln-Mercury, mentioned he had offered to lower the sign, which would leave it at its present height when the wrap around panels were installed but noted this would have been a large expense. He pointed out that Ford Motor Company has now redesigned their panels to fit exactly into the existing panels. Council Minutes 10/10/00 -3- ~Ji~i~~? Nick Panchev, State of California licensed architect, explained that a company was hired to take an exact measurement of the sign, as the dealership is under stringent requirements from the Ford Motor Company to replace the existing sign. He noted the only change is to the lettering and type of panel, which will fit into the existing box. He referred to the McDonald's sign, which he stated was not a historical sign, is larger than the dealership's sign, and should not be eligible for a bigger sign simply because they are a large company. He submitted a drawing, stating it was a guideline of the existing sign and what is being proposed. Mayor McCarthy inquired as to what was the height and square footage the firm hired to make a precise measurement of the sign arrived at and was informed 41 feet 5 inches and 19 foot 6 inches by 7 foot 5 inches. Council Member Perkins noted the Council makes policies, has a responsibility to the City, and would base its decision upon facts. He disputed some of the comments made by Mr. Panchev. Michael Arkin stated Mr. Panchev was hired to see if the sign could remain in the existing format and apologized for Mr. Panchev's statements. He mentioned coming to the City Council because of the unfair competition Ford Motor Company places on their dealerships, stating this is not a concern of the City, it is between him and Ford Motor Company. He pointed out he would be at a 2 percent disadvantage to other dealerships who do conform to Ford's requirements. He cited the history of the dealership, noting Helen Sachs was the first female ever to be granted an automobile dealer franchise in 1964 and that Sachs and Sons was the largest Lincoln-Mercury dealership in Los Angeles and Orange Counties from 1966 to 1971. He requested the zone variance be approved, with the new sign utilizing the existing panels. David Bowers, 10620 Dolan Avenue, spoke in favor of the applicant's request and did not feel the sign was a distraction to the neighborhood. He mentioned surrounding businesses, the expense that would be incurred to move the sign and felt Mr. Arkin was trying to improve the visual appearance of his property. He urged the Council to approve the zone variance. Steve Allen, 7539 Quill Drive, City Planning Commissioner, noted he felt the request for a variance should be approved, recalling a time when the City was looking for auto dealers to stay in town, as one percent of the sales were income for the City. He felt insisting Mr. Arkin change the sign is not business friendly, is detrimental to the City, and will give Lincoln-Mercury dealers in surrounding cities an advantage, as they would be able to give more of a discount. Lennie Whittington, 8542 Manatee Street, spoke in favor of the request for a zone variance, stating he met Mr. Arkin several times when an elderly friend was having her Lincoln automobile repaired at his dealership and felt Mr. Arkin was an honest man and dealt fairly with this individual. He stated Mr. Arkin has improved this dealership and is doing a good job for the City. There being no one else to speak in favor or in opposition, it was moved by Council Member McCaughan, seconded by Council Member Perkins, and so ordered to close the hearing. Council Minutes 10/10/00 -4- G~6t17 RESOLUTION NO. 6400 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING THE APPEAL AND APPROVING ZONE VARIANCE NO.00-36 FOR A VARIANCE FROM SECTION 9148 OF THE DOWNEY MUNICIPAL CODE RELATING TO SIGN REGULATIONS INCLUDING, BUT NOT LIMITED TO, SIGN HEIGHT AND SIGN AREA, FOR AN EXISTING AUTO DEALERSHIP, ON PROPERTY LOCATED AT 9515 LAKEWOOD BOULEVARD AND ZONED GENERAL COMMERCIAL (C-2) AND PARKING BUFFER (P-B) The Resolution was read by title only. It was moved by Council Member Winningham; and seconded by Council Member Perkins, to waive further reading and adopt. (See vote, Page 6 following Oral Communications.) Council Member McCaughan pointed out the McDonald's sign is eligible to be on the National Historical Register if requested by the property owner; however, Pep Boys, the property owner, has decided not to request it. After hearing information from staff on what has been done regarding signage at other auto dealerships in the City, he felt there was historical precedence to justify issuing a zone variance for this dealership Mayor McCarthy requested the architect's plans be forwarded to the City's Planning staff for review and noted the correspondence received from Roger Harmon did request that the variance not be approved. He felt that what is gained by reducing the height and size of the sign does not justify the potential loss to the dealership and supported Option B in staff's recommendations, which grants the appeal and approves the zone variance. Mr. Vose noted Item 1 in Exhibit A should be modified to reflect a 41 foot height limit, instead of 44 feet 7 inches. Council Member Winningham asked if Mr. Arkin had reviewed the zone variance and was informed he had not. He suggested Mr. Arkin review the document prior to the Council's vote. Mayor McCarthy postponed the vote to give Mr. Arkin time to review the Conditions of the Zone Variance and continued the decision until after Oral Communications. (See Page 6 for further discussion prior to the vote.) ORAL COMMUNICATIONS Glenn Howard, 9723 Washburn Road, commented on parking citations being issued in the Woodruff/Regentview area, and submitted petitions from 14 business owners in this area who feel they should be allowed to park their commercial vehicles in front of their businesses. He noted traffic has increased greatly in this area since the transfer station and towing company opened. He referenced the maximum height and weight limit imposed on vehicles on this street and requested Council's assistance in resolving this matter. Referred to staff. David Bowers, 10620 Dolan Avenue, mentioned a citation issued in Apri12000, to Veronica's ice cream truck for a noise violation. He requested the Council to review this matter. Council Minutes 10/10/00 -5- ,• ,3 - ~J i u ~1 ~ Ray Grabinski, Councilman from Long Beach, introduced himself and announced his candidacy for the Metropolitan Transit Authority seat representing the Downey area. He mentioned prior experience that will assist him in this position. He thanked the City for its prior support in keeping the Long Beach ship yard open an additional 10 years. Council Member Riley was excused from the meeting at 8:55 p.m. HEARINGS (Cont.) Further discussion regarding, APPEAL TO ZONE VARIANCE NO. 00-36, FOR PROPERTY LOCATED AT 9515 LAKEWOOD BOULEVARD, resumed at 9:00 p.m. Mr. Arkin referred to Condition 8 on Exhibit A, requesting a limit be placed on the amount required for street lights. After further discussion by Council and staff, it was decided to add the language to Condition 8, "not to exceed $10,000." deleted. Mr. Yoshiki indicated Conditions 12 and 13 of Exhibit A are not applicable and should be Mr. Vose reiterated that Condition 1 of Exhibit A should read "41 feet" as opposed to "44 feet 7 inches." Council Member McCaughan commented on the need to maintain and landscape the two storage yards on Gallatin Road utilized by the Downey Lincoln-Mercury and Downey Ford dealerships. Council Member Winningham advised he has met with Mr. Arkin on this issue and Mr. Arkin has worked to improve conditions at the Lincoln-Mercury yard. He stated there is still a problem with the Downey Ford lot and felt the Ford dealership should be brought into compliance regarding their signage and landscaping concerns at their storage lot. ••~ The motion to waive further reading and adopt the Resolution was amended with the consent of the maker and second of the motion, as follows: Condition 1 should read 41 feet instead of 44 feet 7 inches; add the language "not to exceed $10,000" to Condition 8; and delete Conditions 12 and 13. The Resolution, as amended, was adopted by unanimous vote (4-0), with Council Member Riley absent. Mayor McCarthy opened the public hearing on PROPOSED DOWNEY MUNICIPAL CODE AMENDMENT RELATING TO A REQUEST TO PERMIT WIRELESS CELLULAR ANTENNAS, EXCLUDING TOWERS AND POLES, IN THE C-P (PROFESSIONAL OFFICE) AND H-M (HOSPITAL-MEDICAL ARTS) ZONES. Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council Member Winningham, seconded by Council Member McCaughan, and so ordered to receive and file. Council Minutes 10/10/00 -6- .R-. b ~ 1~ V ~ t~ Mr. Yoshiki explained this amendment and noted two zones were eliminated from the initial Cellular Ordinance, the C-P (Professional Office) and H-M (Hospital-Medical Arts) zones, which have structures that are reasonable candidates to have cellular antennas integrated within the architecture design of the buildings. Staff did not want to encourage tower-type antennas in these two zones because they typically abut R1 single-family neighborhoods. The proposed Ordinance allows cellular antennas on walls, roofs, and penthouses of existing buildings, to be integrated into the design of the building, subject to review by the Design Review Board. It would amend Downey Municipal Code Sections 9118 and 9120 respectively. He mentioned the Cellular Antenna Ordinance is designed to promote co-location, as noted in Section 9136.28. There was no correspondence received regarding this matter. Mayor McCarthy asked if the applicant had any comments to make regarding the proposed Code Amendment. Dino Putrino, O'Neal Communications, 18500 Von Karman Avenue, Irvine, representing Pacific Bell Wireless, stated initiation of the request came from Pacific Bell. He applauded the City's Planning Staff, who constructed the appropriate language, limitations, and guidelines, and concurred with their recommendations. Mayor McCarthy asked if there was anyone who wished to speak regarding the proposed Code Amendment. Lennie Whittington, 8542 Manatee Street, mentioned discussing his concerns regarding the Code Amendment with City staff today and noted the original request was for the C-P (Professional Office) zone only but staff has now included the H-M (Hospital-Medical Arts) zone. He mentioned an item on the Design Review Board's (DRB) Agenda for tomorrow night to install 16 antennas, plus accessory materials, on top of the Brookshire Medical Building at 11411 Brookshire Avenue. He stated there is no limit imposed and it will be up to the DRB to decide. He felt the DRB process leaves the public out and suggested the Conditional Use Permit process be utilized, which at least notifies nearby residents and businesses. He questioned why the Hospital-Medical Arts zone was included. David Bowers, 10620 Dolan Avenue, commented he had no objection to antennas in the C-P (Professional Office) zone but did have concerns with the H-M (Hospital-Medical Arts) zone. He wondered why a conditional use permit is required in other zones but not in the C-P or H-M zones. He noted the H-M zone was not in the original request and inquired if there was concern about the number of antennas, the radiation, and number of microwaves emitted. He also questioned whether the City would partake in the revenue benefit, if antennas were installed on the Downey Regional Medical Center building on City owned land. There being no one else to speak in favor or in opposition to the proposed Downey Municipal Code Amendment relating to wireless cellular antennas, it was moved by Council Member Winningham, seconded by Council Member McCaughan and so ordered to close the hearing. Council Minutes 10/10/00 -7- l~ ~v~' '~ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 9118.04 (H-M, HOSPITAL-MEDICAL ARTS ZONE) AND 9120.04 (C-P, PROFESSIONAL OFFICE ZONE} OF THE DOWNEY MUNICIPAL CODE BY ADDING WALL, ROOF AND PENTHOUSE MOUNTED CELLULAR ANTENNAS AS A PERMITTED USE SUBJECT TO APPROVAL BY THE CITY'S DESIGN REVIEW BOARD The Ordinance was read by title only. It was moved by Council Member Winningham, ...~.~ seconded by Council Member McCaughan, and unanimously carried (4-0), with Council Member Riley absent, to waive further reading and introduce. Council Member Perkins inquired as to why the other zones require a conditional use permit and Design Review Board approval and was informed the other zones allow cellular towers, whereas towers are not allowed in the C-P and H-M zones, only antennas, which will be stealth in design. He suggested eliminating the cellular towers in other zones and was informed the other areas don't have the building height needed for antennas. He asked if City Hall would be eligible for towers and was informed the City has been approached for the golf course and chose not to participate. Council Member Winningham was in favor of the proposal and noted three story buildings will eliminate towers. He referred to the I6 antennas proposed for the Brookshire Medical building and mentioned he viewed the artist's rendering and the antennas are part of the architecture of the building and cannot be detected. He noted the conditional use permit process is not needed when towers are eliminated and stated the City appoints professionals to the Design Review Board and he trusts their judgement. Council Member McCaughan was in agreement as long as nothing was constructed above the silhouette of the building. Mayor McCarthy requested clarification regarding the addition of the H-M zone and was informed that when the Council looked at the professional office zones regarding the height of the buildings, it was felt the hospital-medical arts zone has the same environment. He noted the smaller antennas will benefit the community in better cellular communications and commended Mr. Putrino for bringing the issue to the Council's attention. Mr. Putrino stated the antennas are not any smaller but are known as "stealth" in design, as they can be hidden behind materials that allow a signal to be broadcast. Council Member Winningham referred to co-location and asked how it would be controlled and how it works. Mr. Putrino noted the cellular industry controls itself per the radio frequency engineer's requirements. The signals are line of site and cone shaped and one carrier can interfere with another, which can prevent co-location. There are distance requirements from a company's own antennas as well as from those of other carriers. This places limitations on what can be considered on any one site. Council Minutes 10/10/00 -8- d CONSENT CALENDAR -ITEMS FOR REMOVAL: None ~ ~ i ~ ~ Z CONSENT CALENDAR It was moved by Council Member McCaughan, seconded by Council Member Perkins, and unanimously carried (4-0), with Council Member Riley absent, to waive further reading of the Resolutions and approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: SPECIAL CALLED MEETING AND ADJOURNED AND REGULAR MEETINGS, SEPTEMBER 26, 2000: Approve. CASH CONTRACT NO. S.S. 498 -IMPERIAL HIGHWAY STREET LIGHTING RIVES AVENUE TO EAST CITY LIMIT (ACCOUNT NO.26-16498): Award a unit price contract, totaling $657,950 to Pro Tech Engineering Corporation for Street Lighting on Imperial Highway between Rives Avenue and the east City limit: Approve. WARRANTS ISSUED: NO. 160041 - 160459, $2,752,217.13: Approve. CONSIDER APPLICATION FOR TAXICAB SERVICE IN THE CITY OF DOWNEY (APPLICANT: UNION DE TAXISTAS INDEPENDIENTES TAXUU.T.I. TAXI): Set hearing for 7:30 p.m., October 24, 2000, in the Council Chamber of Downey City Hall: Approve. CONTRACT FOR REPLACEMENT OF FRONT YARD FENCING IN GOLDEN PARK NEIGHBORHOOD PRESERVATION AREA: Authorize the Mayor to enter into a contract with A & G Fence and Supply for installation of decorative fencing: Approve. WEAPONS FIRING RANGE CONTRACT WITH THE RIO HONDO COMMUNITY COLLEGE DISTRICT: Authorize the Mayor to enter into a contract with the Rio Hondo Community College District for the use of their weapons firing range for Police Department weapons training and qualification: Approve. A PROPOSED CODE AMENDMENT TO SECTIONS 9110 AND 9112 OF THE DOWNEY MUNICIPAL CODE RELATIVE TO FRONT YARD AREAS AND MAINTENANCE FOR R-1 (SINGLE FAMILY) AND R-2 (TWO-FAMILY) RESIDENTIAL ZONES; AND TO SECTION 9150 OF THE DOWNEY MUNICIPAL CODE PERMITTING CARPORTS AS AN ACCESSORY STRUCTURE IN THE REAR YARDS, IN THE R-1 ZONES (Code Amendment No. 00-80): Set the hearing for 7:30 p.m., October 24, 2000, in the Council Chamber of Downey City Hall: Approve. ZONE CHANGE NO. 00-56, A REQUEST TO REZONE THE PROPERTIES AT 11914 AND 11920 DOWNEY AVENUE TO R-3 (MULTI-FAMILY RESIDENTIAL) AND R-3-0 (MULTI-FAMILY RESIDENTIAL OWNERSHIP), RESPECTIVELY, FROM C-1 (NEIGHBORHOOD COMMERCIAL) APNs: 6258-009-019 AND 020 (APPLICANT: LARRY MC GREW/REPRESENTATIVE: ANGEL GONZALEZ): Set the hearing for 7:30 p.m., October 24, 2000, in the Council Chamber of Downey City Hall: Approve. Council Minutes 10/10/00 -9- •^ :.. G~ol? DOWNTOWN PLAN NO. 00-77 - A DOWNTOWN OVERLAY ZONE: Set the hearing for 7:30 p.m., October 24, 2000, in the Council Chamber of Downey City Hall: Approve. APPEAL HEARING -DENIAL OF POLICE PERMIT APPLICATION: Refer the appeal of Mr. Greg Riganian to a Hearing Officer in accordance with Downey Municipal Code Section 6404: Approve. SOUTHWEST CORNER OF OLD RIVER SCHOOL ROAD AT FIRESTONE BOULEVARD: Authorize the Mayor to execute an Acknowledgement and Release Agreement with United Oil, Inc.: Approve. RESOLUTION NO. 6401 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY'S CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE AND RESCINDING RESOLUTION NO. 6198 RESOLUTION NO. 6402 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 25759 (11400-11414 PARAMOUNT BOULEVARD) RESOLUTION NO. 6403 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NOS. 011 AND 012 TO STATE- DOWNEY MASTER AGREEMENT NO. SLTPP-5334 COVERING STATE- LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FUNDING FOR PAVEMENT RESURFACING AND REHABILITATION ON PARAMOUNT BOULEVARD FROM GARDENDALE STREET TO IMPERIAL HIGHWAY; AND ROSECRANS AVENUE FROM THE WEST CITY LIMITS TO LAKEWOOD BOULEVARD, RESPECTIVELY ORDINANCE NO. 1088 (ADOPT) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO SPEED LIMITS FOR CHEROKEE DRIVE ORDINANCES: None RESOLUTIONS: None Council Minutes 10/10/00 -10- ~' M ADMINISTRATIVE REPORTS ~~~~ CASH CONTRACT NO. 620, DOWNTOWN STREETSCAPE PROJECT, DOWNEY AVENUE -UNION PACIFIC RAILROAD TO FIFTH STREET (ACCOUNT NO.26- 16600) Mr. Alvarez explained the contract awarded at the September 26, 2000, Council Meeting for beautification improvements on Downey Avenue includes the installation of street trees, with the London Plane as the recommended tree, with Athena Elms at several focal points. He mentioned a question arose from the Council at the last Council Meeting regarding alternate trees and staff has prepared a summary listing advantages, disadvantages, growth rate and size of other trees. He noted leaf drop was a concern, pointing out all trees listed have a seasonal period of leaf drop. Council Member Winningham indicated his Planning Commission appointee is a horticulturist, who is very familiar with trees and does not like the London Plane Tree, as it releases pollen that is troublesome to asthmatics. His recommendation was the Evergreen Pear Tree, which blooms twice a year with small white flowers, is green year round, has a good root structure, and is an excellent tree with a 25 foot canopy. Other suggestions were the Brisbane Box and Japanese Fern Pine. Council Member Winningham stated his concerns are whether the trees will breakup the concrete, are very messy, and will drop pollen. Council Member Perkins wanted to see a picture of the trees before making a decision. Mr. Alvarez mentioned the trees suggested are smaller, noting one of the criteria established was for a taller tree. The taller trees would be above the storefronts and would not block the signage. Council Member Winningham expressed concern about the tree canopies, which could interfere with traffic and parking on Downey Avenue. Mr. Alvarez advised the trees would be trimmed periodically and pointed out a decision is .~-. needed this evening, as the contractor will begin in another week and needs to order the trees. The two trees included in the proposal, the London Plane and Athena Elm, do not have intrusive roots, and the London Plane does not have quite the same canopy and does not continue with other trees around the Civic Center. Council Member McCaughan mentioned streets in the cities of Fullerton and Whittier where there is one lane in both directions with a tree canopy and felt it was very nice, offers shade, and adds to the atmosphere and was ready to receive and file the report. Mayor McCarthy stated he was willing to accept staff's recommendation. He inquired about susceptibility of disease in the Athena Elm and was informed it is a specially grown tree with a patent and is difficult to obtain. It was moved by Council Member McCaughan, seconded by Mayor McCarthy, and unanimously carried (4-0), with Council Member Riley absent, to receive and file. Council Minutes 10/10/00 -11- G1~lri Prior*to the vote, an amended motion was made by Council Member Winningham to select the Brisbane Box and Chinese Pistache trees, which are on staffls list of alternate trees. The motion died for lack of a second. He requested the Council allow the Council Downtown Subcommittee to work on the tree selection over the next two days, submit pictures, and select trees from the list provided by staff, noting he would withdraw his request for the Pear Tree and Fern Tree. Council Member McCaughan felt this Commissioner should have appeared when this issue was previously discussed and did not want to amend his motion, PARAMOUNT BOULEVARD LANDSCAPING, GARDENDALE STREET TO IMPERIAL HIGHWAY Mr. Alvarez noted the issue of improvements on Paramount Boulevard was brought up at the September 26, 2000, Council Meeting, and that the annual budget included monies for installing landscaping along the westerly side of Paramount Boulevard between Imperial Highway and the southerly city limit at Gardendale Street. This project did not include an irrigation system and the Council raised the issue of what the cost would be to install a permanent irrigation system. Staff's review resulted in a cost of approximately $42,000, which could be from Gas Tax Funds. The second issue brought up was additional improvements to beautify Paramount Boulevard, which included a raised median. The installation of a median and other beautification improvements the entire length of Paramount Boulevard from Gardendale Street all the way to the north end would be done in phases. Phase I, the portion from Gardendale Street to Imperial Highway, would include seven median islands, landscaping, stamped concrete, mounted curb trees, monument signs at the entry to the City, and decorative lighting, with a cost estimate of approximately $500,000. Staff would require further direction from the Council, if they wish to proceed. The cost estimate for the overall project, the entire length of Paramount Boulevard from Gardendale Street to the north end of the City, is not available but would be significantly higher. Mr. Caton noted staff will return with an estimate to design Phase I of the Paramount Boulevard Median Improvements Project. After Council comments, where the Council concurred on their support of the irrigation system and willingness to explore costs associated with Phase I of the median improvements project, it was moved by Council Member Winningham, seconded by Council Member Perkins, and unanimously carried (4-0), with Council Member Riley absent, to approve installation of an automatic irrigation system for the proposed landscaping on the west parkway of Paramount Boulevard from Gardendale Street to Imperial Highway and appropriate funding in the amount of $42,000 from the Gas Tax Fund for this work; and direct staff to return with a cost estimate for the design of Phase I of the Paramount Boulevard Median Improvements Project. OTHER BUSINESS -Consent Calendar -Items removed by Council Approval: None OTHER BUSINESS -Council Members Council Member Winningham thanked Assistant City Manager Lee Powell for submitting a new warrant register, which he felt was more descriptive. Council Minutes 10/ 10/00 -12- ,9 w G~~~1~ Council Member Winningham announced a workshop on the proposed City of South Gate Nueva Azalea power plant at the South Gate Clubhouse on October 18th. He noted Downey residents need to be kept aware of this issue and the process involved. Council Member Winningham mentioned receiving an e-mail from a business owner on Downey Avenue directed to Public Works questioning the alley being vacated on the east side of Downey Avenue, north of Firestone Boulevard and whether any landscaping will be done to make it more pedestrian friendly. He requested Public Works review this and return with a time frame on the upgrading of public parking in this area. Council Member Winningham referred to a letter received from Alicia Wheeler regarding the ice cream truck mentioned earlier. He requested information regarding the Downey Municipal Code provision relating to Noise. Chief Finch responded this Code provision involves amplified music or sound coming from moving vehicles, which is considered a type of sound blight and complaints are received. He noted this is not against any one vendor and is based on complaints received. Council Member Winningham referenced a letter from Joanne Ayallo who is upset about the fact the Downey Unified School District is locking the gates at Downey High School and people like to use the jogging track. He asked staffto respond, as this is a decision of the School District and not the City Council, and to notify Ms. Ayallo what hours the track is available. It was suggested this be brought up at the City/School District Coordinating Committee. Council Member Winningham commented on receipt of an e-mail from James Jarrett regarding completion of the lighting project at Rio San Gabriel Park. He felt this will benefit the children of the community and will not create any glare on the adjacent neighborhood. Council Member Winningham narrated slides of the newly constructed landscaping at the westerly City limits on Florence Avenue, which adds to the aesthetics when entering the City from --~ Bell Gardens, and complimented the Public Works Department for a wonderful job. Council Member Perkins mentioned an open house at SEAACA on October 19th to celebrate their 25th Anniversary and to celebrate the joint venture of a $2 million renovation of the facility. Council Member Perkins referred to a prior request regarding a skate park in the City, noting two locations have been identified, and requested staff bring back a cost estimate at the next Council Meeting. Mayor McCarthy mentioned seeing the lights at Rio San Gabriel Park but not when they are lit. Mayor McCarthy complimented the Economic Development Department brochure promoting the City and suggested a copy be forwarded to the City's media representatives. Mayor McCarthy commented on two Consent Calendar items: The lighting improvement along Imperial Highway and the picket fence program in the Golden Park area. Council Minutes 10/10/00 -13- ~., . :i': Mayor McCarthy asked everyone for their thoughts and prayers that Council Member Riley will regain her good health. OTHER BUSINESS -Staff Members: None The meeting recessed at 10:08 p.m. and reconvened at 11:05 p.m. with Council Members Perkins, Winningham, McCaughan and McCarthy present; Council Member Riley was absent. ADJOURNMENT: 11:05 p.m. The meeting was adjourned in memory of Robert Collins, longtime Downey resident and member of the Downey Optimist Club, to 6:30 p.m., October 24, 2000, in the Council Chamber of Downey City Hall. dith E. McDonnell, City Clerk ~~ eith McCarthy, Mayor H: \CCLERK\SCONT'E WIIN[1TES\CCMN l O 10 Council Minutes 10/10/00 -14-