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HomeMy WebLinkAboutMinutes - 07-22-97 - Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 22, 1997 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Certificates of Appointment ._.. 1 ► Proclamations re 1997 Parents of the Year 1 MediaOne cable television franchise discussion Ref. to City Atty. & Cable TV Committee 3 Dr. David Hubbell re annual salaries of Hospital Administrators 4 Mr. Whittington re Senate Bill 413 (Peace Bill); sale of City owned property; and excessive trash in the downtown area 4 Mr. Trujillo re concern that Fire Department contract has not been approved 4 Mr. Pridham Post re poor appearance of west side of the ost O Bice and area of the 1-105 Freeway that is in need of plant maintenance 4 Mr. Lubin complimented the new Krikorian Theatre 4 Reallocation of Home Investment Partnership Program Funds for Grant Year 1995 -96 & Reservation of Home Funds for the Approved Oldtimers Housing Development Corp. as amended 5 Lot Cleaning Program (Weed Abatement): Deny any protests and affirm the assessments for Fiscal Year 1996 -97 Approved 6 g , c Res. #6081, Revoking Zone Exception Cases No. 153, 258 and 1009 & Conditional Use Permit No. 151 for property at 13535 Lakewood Bi. (Tahitian Village /La Zona Rose) Adopted 10 Removal of Items from Consent Calendar 10 Council Minutes: Adjourned & Regular Meetings, 7/8/97 Approved 10 Warrants Issued: 133893 - 134274, $1,848,156.38 Approved 10 PAGE 1 OF 3 COUNCIL MINUTES, JULY 22, 1997 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Annual Project Summary for Expenditure of Proposition A & C Local Return Funds: Approve the Summary & authorize staff to transmit documents to the L.A. Metropolitan Transportation Authority Approved 11 Installation of Traffic Signal - Old River School Rd. at Laura St. Approved 11 Community Development Block Grant Subrecipient Agreement with Downey Unified School District: Approve the Agreement which allocates funds to the School Dist. for an outreach program servicing "at- risk" youths Approve 11 1997 -98 Agreement with Rio Hondo Temporary home for the homeless Approved 11 Federal Equitable Sharing Agreement (Asset Seizure): Approve the agreement between the City, the Downey Police Dept., the U.S. Dept. of Justice & the U.S. Dept. of the Treasury & auth. the Mayor and Police Chief as signatories for the City Approved 11 Res. #6080, Approving the appointment of Joel Lubin to the Cable TV Citizens Advisory Committee, Dist. 5 Adopted 11 Appeal of Hearing Officer's decision re Entertainment Permit for Jose Escobar (Costa Brava Restaurant) Denied 12 Contract with the Fair Housing Foundation for Fair Housing (FHF) Services: Approve contract for FY 1997 -98 Approved 12 Res. #6081, Adopting a class specification & Establishing a salary range for Neighborhood Preservation Coordinator & Adopting a special assignment pay for Librarian Adopted 13 Traffic signal at Florence Av. & Paramount Bi. - modification Cont'd to for assistance to the blind next meeting 13 Report of Cn. Mc Caughan on meetings with the School District re child care Cont'd 14 Reappointment of Mr. Clarence Bailey to SELACO Private Industry Council (PIC) Approved 14 PAGE 2 OF 3 t G COUNCIL MINUTES, JULY 22, 1997 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. Adopting an "Opposed" position to Senate Bill 567 Failed 14 "Your City's Families- -Team Up For Action" conference: Authorize the City to sponsor a team to attend Approved 15 Cn. McCarthy - vacation during month of August 15 Mr. Caton advised the 1st meeting in August will probably be canceled due to lack of a quorum 15 h:\cclerk\scontc\tab1722 PAGE 3 OF 3 10 684 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 22, 1997 The City Council of the City of Downey held a regular meeting at 7:48 p.m., July 22, 1997, in the Council Chamber of the Downey City Hall, Mayor Barbara J. Riley presiding. PRESENT: Council Members: Barbara J. Riley Mayor Gary P. McCaughan, M.D. Mayor ProTem Robert S. Brazelton Keith McCarthy Joyce L. Lawrence ALSO PRESENT: Gerald M. Caton, City Manager Tim McOsker, City Attorney y Judith McDonnell, City Clerk - Treasurer Lee Powell, Assistant City Manager Greg Caldwell, Police Chief James Jarrett, Director of Community Services Richard Redmayne, Director of Public Works Lowell Williams, Director of Finance Bob Brace, City Engineer Craig Gunther, Cable Attorney Mary Martineau, Senior Planner Robert Rowe, Deputy Fire Marshal Robert Messinger, Assistant City Attorney Mark Sauter, Assistant Chief/Fire Marshal Ed Velasco, Manager of Housing Ron Yoshiki, Asst. Director of Community Dev. /City Planner June Yotsuya, Assistant to the City Manager Shirley Conte, Executive Secretary PRESENTATIONS Mayor Riley presented a Certificate of Appointment to Fern Persion on her reappointment to the Personnel Advisory Board, District 2. (The following were not present to receive Certificates of Appointment: Bobbie Samperi, Recreation & Community Services Commission, District 2; Brian Gasdia, Planning Commission, District 3; and Jean Brazelton, Recreation & Community Services Commission, District 4). Mayor Riley presented to John and Maria Balarie and Dale and Debbie MacIntosh, Proclamations declaring them 1997 Parents of the Year for their outstanding service to the community and for being responsible parents. Connie Sziebl, District Director for Congressman Steven Horn, congratulated the Parents on behalf of Congressman Horn, and Katrine McCarthy, Council Minutes 7/22/97 -1- 6 8 w Downey's Volunteer Coordinator for National Parents Day, gave a brief biography of the Parents honored and introduced their family members. Mayor Riley asked for a show of hands from people in the audience present regarding the Cable Television Franchise. Over 50 percent of the audience raised its hands. At Mayor Riley's request and there being no objections, the Cable Television Franchise was considered at this time. ADMINISTRATIVE REPORTS MEDIA ONE CABLE TELEVISION FRANCHISE SERVICE Ms. Yotsuya stated the Council had requested an opportunity to address concerns and complaints related to the City's cable television franchise. She mentioned the City granted a ten year p Y extension to the franchise commencing December 1996, provided the cable company complied with certain conditions, and she summarized activities that have occurred since the extension was granted. The City Attorney's office has been investigating the basis for any recourse in regard to the deployment of converter boxes and the scrambling of channels. MediaOne indicated the rate increases g are in compliance with the Social Contract and with FCC regulations. Ms. Yotsuya stated the City's Cable TV Advisory Committee would be re- enacted and would schedule a meeting. The following people spoke in opposition to the installation of an upgraded cable system currently being installed throughout the City: Dr. James Anderson, 9583 Gallatin Road Linda Jones, 7839 Kingbee Street Harriet Doran, 9846 Birchdale Avenue Jim Doran, 9846 Birchdale Avenue Diana Rodriguez, 11921 Tristan Drive Fred James, 9360 S amol ine Avenue Ron Ferron, 7932 Conklin Street Bill Lightner, 9239 Quatemala Avenue Frank Trapschuh, 9191 Cecilia Street Barbara Emery, 10522 Arrington Avenue Karen Scow, 9104 Clancey Avenue Gerry Stevens, 9132 Sideview Drive Virginia Felzer, 8207 Stewart & Gray Road Alice Martinez, 10217 Mattock Avenue Gerry Schroeder, 10515 Mattock Avenue Jose Trujillo, 13212 Stanbridge Avenue Lennie Whittington, 8542 Manatee Street Robert Bryant, 7231 Luxor Street Donald Walker, 9211 Appleby Street Billie Stevens, 9132 Sideview Drive They raised concerns, such as: the need for a converter box or the need for more than one box to use features previously enjoyed; the excessive charges for additional equipment needed; poor Council Minutes 7/22/97 -2- 10686 quality of service; lengthy response time to phone calls; interruptions in service; advertisements for adult programs; and no discount for senior citizens. MediaOne representatives Perry Parks, Regional Vice- President for Public and Government Affairs, and Kent Leacock, Director of Public and Governmental Affairs, addressed several of the issues raised by the speakers. Council Member Brazelton noted a condition to the extension of the contract that a system be • developed to maximize cable -ready technology without the converter box. Mr. Parks indicated the cable company had an agreement to deliver a state -of -the art system, and the current technology meets that criteria. Council Member Lawrence asked for clarification regarding features of the new system and suggested ways for the cable company to improve their customer service, such as adding more telephone lines. Council Member McCaughan expressed his concern about the new system being installed, and noted Congress passed the act that allowed this. He recommended the Council bring pressure on Congress and urged citizens to write to their Congressman. He stated he was not satisfied with the explanations given and suggested talking with the cable company about the franchise the City approved and how they interpret the Congressional Act. Council Member McCarthy mentioned the frustrations shared by many citizens in the community over the cablesystem conversion process and the increased fee as a result of the requirements for converter boxes. Mayor Riley indicated the Council would have both the City Attorney and the Cable Advisory Committee study this matter. Discussion followed. Mr. McOsker asked if his office would be working with the Advisory Committee to o g t t eCab1 e ryCo prepare a recommendation on legal alternatives as well as other recommendations that the Cable Committee may have, to which Council concurred. He suggested his office begin immediately to meet with and negotiate with the Franchisee, while at the same time working with staff and the Cable Advisory Committee to provide legal support services and then report back to the Council at its next meeting. The Council concurred. Mayor Riley recessed the meeting at 9:55 p. m. The meeting reconvened at 10:08 p.m. with all Council Members present. Council Minutes 7/22/97 -3- 10637 ORAL COMMUNICATIONS Dr. David Hubbel, 12113 Julius Avenue, remarked on what were considered excessive annual salaries for hospital administrators, as noted on the Hospital Foundation's 1995 -96 tax report. Mr. Lennie Whittington, 8542 Manatee Street, commented on Senate Bill 413 - Peace Bill, noting it passed the Assembly Health Committee and is being forwarded to the Assembly Appropriations Committee. He also reiterated on his comments at the last Council Meeting regarding the sale of City owned property, advising the properties he had referred to were the old Goodyear Tire and Brake and the Downey Tire and Brake properties on Firestone Boulevard. He mentioned noticing excessive trash in the downtown area, particularly in the vicinity of the new theater and parking structure and recommended more sweeping and cleaning in this area. Mr. Jose Trujillo, 13212 Stanbridge Avenue, expressed concern that the contract with the Fire Department has not been approved. Mr. Richard Pridham, 10402 Bellman Avenue, mentioned the appearance of the west side of the Post Office, noting it is not being swept. He also mentioned the area of the 1 Freeway between Lakewood Boulevard and Paramount Boulevard is in need of plant maintenance and suggested City staff contact Caltrans. Mr. Joel Lubin, 7820 Allengrove Street, complimented the new Downey Krikorian Premiere Theatre Inc. HEARINGS Mayor Riley opened the public hearing on REALLOCATION OF HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR GRANT YEAR 1995 -96 AND RESERVATION OF HOME FUNDS FOR THE OLDTIMERS HOUSING DEVELOPMENT CORPORATION. Ms. McDonnell affirmed receipt of the Proof of Publication. It was so ordered to receive and file. Mr. Yoshiki explained the program, noting the City is obligated to use the funds within two years. Initial use of the funds was to promote the City's first -time buyer program and there is now a reserve balance. The City can reallocate these funds to a community housing development organization and staff is recommending the Oldtimers Housing Development Corporation as the recipient. He noted a minor correction to the agreement on the fourth line of Paragraph 3, which should read "$250,186 ", and responded to questions from the Council. Ms. Margaret Rice, Chief Operating Officer of Steelworkers Oldtimers Foundation and Executive Director of the Housing Development Corporation (CHDO), 3109 California Street, Huntington Park, explained the Steelworkers Oldtimers Foundation has been in existence since 1964 and has provided an array of social services to the southeast community. She noted she was not asked to bring specific information, such as financial statements, that the Council is requesting. Ms. Rice provided further background history of the Housing Development Corporation and noted it does not Council Minutes 7/22/97 -4- • 10 .688 share any board members with the Steelworkers Oldtimers Foundation; also, she is the only staff person. Its function is the development and renovation of housing and it is a licensed contractor in the State of California. She responded to questions from the Council. There was no correspondence received regarding this matter. Mayor Riley asked if there was anyone present who wished to speak regarding this matter. Mr. Lennie Whittington, 8542 Manatee Street, inquired if the City could become its own CHDO and was informed the City would need assistance in this regard. It was noted there is not a CHDO located within the City of Downey and Mr. Velasco was asked to recruit a CHDO that had performed projects in this area. Mr. Fred James, retired steelworker, advised this program was started to assist people who were laid off when the major steel companies were closing in southern California. It was originally funded by the State but when welfare entered the arena, the steelworkers decided to withdraw from the program. Mr. Velasco was asked how much funding would be lost if Council action was not taken tonight. He replied the $250,000 would not be available to the City and he suggested when the first project is developed that it be brought to the Council for approval along with pictures of prior projects and financial documents. Mr. McOsker noted if it is the desire of Council, the agreement could be entered into, but hold back on the release of funds until the first project is proposed, at which time staff can come back with pictures and an explanation of the issues. Also, the agreement can be terminated on reasonable notice, if that is the desire of Council. He stated the agreement does not need to be modified but provides that money will be released on a project by project basis based upon a submitted budget and approval of the City for each project. Council Member Brazelton requested at the time Council is presented with the decision of whether to release funds for a certain project that in addition to having information on the project that biographical information be provided on management along with financial information on the Oldtimers Housing Development Corporation. There being no one else to speak, it was moved by Council Member Brazelton, seconded by Council Member Lawrence, and so ordered to close the hearing. It was moved by Council Member Brazelton, seconded by Council Member Lawrence, and unanimously carried to approve the Reallocation of Home Investment Partnership Program Funds for Grant Year 1995 -96 and Reservation of Home Funds for the Oldtimers Housing Development Corporation with the conditions and changes discussed. Council Minutes 7/22/97 -.5- 1Th89 9 Mayor Riley opened the public hearing on LOT CLEANING PROGRAM (WEED ABATEMENT) FOR FISCAL YEAR 1996 - 97. Ms. McDonnell affirmed receipt of the Proof of Publication and Affidavit of Mailing. It was so ordered to receive and file. Mr. Redmayne explained the annual process for the lot cleaning program, whereby property owners are notified to clean their properties, and if they do not clean the lot within a specified amount of time, the City responds and performs the work. The cost for this operation was $7,093.50, which is down from last year's figure of $1 5,994.50. The financial impact for the City is to pay for the work performed and bill the properties. If not paid, a lien is placed on the property and the amount is paid back through property taxes. He responded to questions from the Council. There were no written protests received regarding this matter. There being no one to speak in opposition to the Lot Cleaning Program, it was moved by Council Member Lawrence, seconded by Council Member McCarthy, and so ordered to close the hearing. It was moved by Council Member Lawrence, seconded by Council Member McCarthy, and unanimously carried to deny any protests and affirm the assessments on the Lot Cleaning Program for Fiscal Year 1996 -97. Mayor Riley opened the public hearing on APPEAL OF REVOCATION OF ZONE EXCEPTION CASE NOS. 153, 258 AND 1009, AND CONDITIONAL USE PERMIT NO. 151 FOR PROPERTY LOCATED AT 13535 LAKEWOOD BOULEVARD, ZONED R -1 (SINGLE FAMILY RESIDENTIAL) AND M -1 (LIGHT MANUFACTURING). Ms. McDonnell affirmed receipt of the Proof of Publication. It was so ordered to receive and file. Council Member McCarthy announced that he would abstain due to a possible conflict of interest, and he left the dais at this time. Mr. Messinger noted this proceeding involved important property rights that will be impacted by the Council's decision. Due process requires that all evidence upon which the Members of the City Council may base their decision be disclosed and is appropriate for each Member of the Council at this time to disclose any facts or information obtained independent of this proceeding and upon which you may rely in making a decision on this matter. This will apprise the appellant of the evidence relied upon by this body and afford him the opportunity to rebut such evidence. Council Members McCaughan and Brazelton and Mayor Riley each stated they had nothing independent to report. Council Member Lawrence stated she had the staffreport and the Planning Commission Minutes, Exhibits and findings. In addition, she noted a member of her family works close to the subject property and has mentioned to her on occasion that activity has gone on at this location but didn't know exactly what it was. Council Minutes 7/22/97 -6- ____ 1 0690 Ms. Martineau narrated slides of various views of the property, both interior and exterior, noting many code infractions were found at this location. She explained a task force was formed in January 1995 and, after nothing was done to improve conditions, another task force was formed two years later at which time revocation proceedings were filed. Mr. McOsker noted revocation proceedings were initiated by the Council in April 1997, which was referred to the Planning Commission, where action was taken, and is now back before the Council. He advised the zoning of this property, R -1, Residential Single Family, and M -1, Light Manufacturing, neither of which permits a hotel, comes from a p rocedure from the 1950's called a Zone Exception, which was a use variance from the present zone that was granted parcel by parcel. This procedure was prohibited in the 1970's through case law and statuary law and could not be granted today. The Downey Municipal Code states these zone exceptions will be treated procedurally as variances and Section 9168 of the Code states the City Council can initiate the process and direct the Planning Commission to conduct a notice of public hearing. The Planning Commission revoked the zone exception and underlying approvals for the hotel, restaurant and bar and this action has been appealed to the City Council. He described the evidence, referring to exhibits in the Council's packets, and noted Council's obligation under case law and Constitutional rinci les to make findings, p p g, supported by evidence, with a logical link between the evidence and the finding itself. He noted there are over 1,000 Municipal Code violations which were noticed to the property owner and lease owner in 1994 -1995. In April of 1997, hundreds of these violations still existed, noting that any Code violation is deemed a public nuisance, and justifies the action to revoke or modify. The evidence shows the motel, restaurant and bar were closed in late 1995. The transient occupancy tax report shows that in December 1995 and January and February 1996, zero transient occupancy taxes were collected and remitted to the City. There has also been no business license for the site since December 1996. The onsite property manager for the FDIC indicated that rooms had not been rented out since late 1995. Captain John Finch described background criminal activity and the Police Department's response to this activity both while the business was open and after it ceased to operate. He noted the department was expending an excessive amount of police resources in this area. Since the hotel and bar ceased operations, calls for service have plummeted (from 37 incidents per month to 1 -1/2 incidents per month - a decrease of 96 %). Sergeant Mel Parks described the composition of the City's task force for Tahitian Village and the violations found. He noted several portions of the complex were condemned as uninhabitable and arrests were made. The hotel chose, in lieu of correcting infractions, to cease renting rooms. At this time, many of the violations still exist. Deputy Fire Marshall Bob Rowe gave facts from a re- inspection of the facility conducted on April 25, 28, and 30th, 1997. He gave a brief evaluation of the fire code violations found, noting the inadequate water supply for firefighting, no fire sprinkler system, substandard fire alarm system, and the lack of fire resistive construction. He advised that Tahitian Village Management has provided only temporary fixes for these infractions. Mr. McOsker noted the big question for the Council is the land use decision and not necessarily the code violations found. Council Minutes 7/22/97 -7- 1 9 Mayor Riley asked the appellant or his representative to come forward to give testimony. Mr. William Davis, Davis & Company Attorneys, representing Art Serrano, Gary Ferguson and Dr. George Bradley, who are attempting to buy this property from the present owner, the Federal Deposit Insurance Corporation, noted the Council's role is not to require the prospective buyers to build a building that is to current codes but to remember that these permits were once granted by a body legally. He noted his clients are being told to correct the infractions while at the same time they are being told the use of the motel has been abandoned. The previous owner invested a lot of money in this property, which was legal. The courts require that affirmative steps are taken to abandon the use, such as tearing down the building. He noted the FDIC has marketed the use of the property as a motel. Mr. Davis stated this is not really a land use question but a question of vested rights and what the legal obligations are to divest somebody of their vested rights. He stated his clients have been denied the right for building permits for an extended period of time, which prevented repairs from being made. He said the California Supreme Court spoke on a similar issue last year and adopted the rule that more must be shown than simply the cessation of use - -it must be shown that affirmative intent to abandon is made. His clients feel this is a valuable property, used as a hotel, and that they can fix it up to satisfy all of the requirements the City is lawfully imposing and then operate it at a profit. He asked that the Council consider a few weeks to give the lawyers time to sort through these issues so that a mistake is not made. Mr. Hank Hohenstein, 9090 Calle Escorial, Desert Hot Springs, representing appellants, Mr. Serrano, Mr. Ferguson and Dr. Bradley, submitted documents to the City Clerk for distribution to the Council, noting they are a review from the California Municipal Law Handbook, which regulates land use and other activities of cities within the State of California. He recognized that Downey, as a Charter City, has certain exemptions from the requirements a General Law City might have. He pointed out the General Plan for this area is neighborhood commercial and zoning is R -1 and M -1, which existed when this property was built. Mr. Hohenstein stated his client has a vested use, through contractual arrangements with the FDIC, to purchase the property and violations of contract issues now exist. Also, the FDIC has maintained an active presence on the property including maintenance, and the intent was never to give up the business. He noted the list of violations has been reduced from 1,000 to 137, with the remaining violations requiring business permits. He urged the Council to vote to overturn the decision of the Planning Commission. Council Member Lawrence asked if someone had been staying at the location more than 30 days and the response was yes. After further questioning, Mr. Hohenstein advised the person staying there was an employee and therefore not a transient paying guest, but noted it is proof the owner did not intend to abandon the use. Mayor Riley asked if there was any correspondence received regarding this matter. Ms. McDonnell replied a letter was received from Mr. & Mrs. Sanders at 13522 Gunderson Avenue, requesting the Council to not reverse the decision on Tahitian Village, inasmuch as they reside behind the property and do not want the crime to start again. It was so ordered to receive and file the correspondence. Council Minutes 7/22/97 - 0 6 9 2 Mayor Lawrence asked if there was anyone present who wished to speak in opposition to the Appeal. Mr. Charlie McRoberts, 1463 North Vulcan, Encinitas, advised his family owns the property on which the Tahitian Village is located. The hotel was built in 1959 and the lease has changed hands over the years and is now in the hands of the FDIC. He explained that, as the landowners, no one has approached them with a realistic offer to purchase the property, noting the property has been dilapidated but his family cannot take action against the FDIC without paying large legal fees. They are concerned that if the use is continued as a hotel and the new operators shut down the operation in a few years, it will go back to the FDIC and will revert back to its current situation. He mentioned his �. family has been talking to City staff to see what action can be taken to purchase the facility themselves, noting they are not in favor of the reactivation of this use of their property. Mr. Allan Wood, 16803 Coral Reef Circle, Cerritos, President of Merrywood Management Company, who manages the property at 8831 Rosecrans Avenue, directly to the west of the subject property, noted numerous problems with noise, crime, etc. when the hotel and bar were in operation. He stated that many good residents were lost because of this situation and advised these problems ceased to exist when this establishment was closed. Mr. Jose Trujillo, 13212 Stanbridge Avenue, requested that the Council close down this establishment, noting its management knew about the problems mentioned prior to 1994 and should have resolved these issues. Ms. Joan Smay, 13338 Castana Avenue, stated the Council has the responsibility to protect the citizens of Downey from the dangers at this establishment. Mr. Thomas Eck, 13441 Lakewood Boulevard, manager of Tri City Mobil Home Park situated next door to Tahitian Village, submitted two letters signed by residents of the park supporting revocation of the zone exceptions and conditional use permit. He mentioned problems residents have endured living next door toTahitian Village and noted meeting with the managers of the Tahitian Village on many occasions with no relief. Mayor Riley asked the appellant or his representative if they wished to speak in rebuttal. Mr. William Davis stated this property was never abandoned and urged caution on this issue. He indicated his desire to meet with the City Attorney to explore the issues and attempt to find a compromise that will satisfy everyone involved. Mr. Yoshiki explained staff's recommendation to revoke the land use entitlements known as Zone Exception Case Nos. 153, 258 and 1009 and Conditional Use Permit 151 involving the property at 13535 Lakewood Boulevard also known as Tahitian Village with the findings as set forth in the resolution submitted. There being no one else to speak, it was moved by Council Member Lawrence, seconded by Council Member Brazelton, and so ordered to close the hearing. Council Minutes 7/22/97 -9- 1 0 6 3 Council Member McCaughan requested clarification regarding the vested rights on this property, which was explained by the City Attorney. Council Member Brazelton asked if the :Endings presented in compliance with the Downey Municipal Code and approved by Council would be upheld. After being informed they would give Council the lawful ability to move forward with a revocation, Council Member Brazelton noted he would uphold the Planning Commission's decision and deny the appeal. Council Member Lawrence concurred, stating there is no evidence of use of the property and the findings are there to revoke the use of the property. RESOLUTION NO-408J s e A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REVOKING ZONE EXCEPTION CASES NO. 153, 258 AND 1009 AND CONDITIONAL USE PERMIT NO. 151, FOR A MOTEL AND RESTAURANT/BAR AND ANCILLARY USES/FACI.LITIES ON PROPERTY LOCATED AT 13535 LAKEWOOD BOULEVARD (TAHITIAN VILLAGE/LA ZONA ROSA), ZONED RI (SINGLE FAMILY RESIDENTIAL) AND M -1 (LIGHT MANUFACTURING) The Resolution was read by title only. It was moved by Council Member Lawrence, seconded by Council Member Brazelton, and unanimously carried (4 -0), (with Council Member McCarthy abstaining), to waive further reading and adopt. Mayor Riley recessed the meeting at 12:33 a.m. and reconvened at 12:40 a.m. with all Council Members Present. CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda items VI - - CONTRACT WITH THE FAIR HOUSING FOUNDATION FOR FAIR HOUSING SERVICES, and VI - - RESOLUTION CREATING NEW CLASS SPECIFICATION AND SALARY RANGE FOR NEIGHBORHOOD PRESERVATION COORDINATOR AND ESTABLISHING SPECIAL ASSIGNMENT PAY FOR LIBRARIAN, were removed at the request of Council Member McCarthy. CONSENT CALENDAR It was moved by Council Member Lawrence, seconded by Council Member McCarthy, and unanimously carried to waive further reading of the Resolutions and approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, JULY 8, 1997: Approve. WARRANTS ISSUED: NO. 133893 134274, $1,848,156.38: Approve. Council Minutes 7/22/97 -10- 10 694 ANNUAL PROJECT SUMMARY FOR EXPENDITURE OF PROPOSITION A AND PROPOSITION C LOCAL RETURN FUNDS: Approve the Annual Project Summary and authorize Staff to transmit documents to the Los Angeles Metropolitan Transportation Authority: Approve. TRAFFIC SIGNAL - OLD RIVER SCHOOL ROAD AT LAURA STREET: Approve the installation of a traffic signal and authorize staff to proceed with the project: Approve. COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT WITH DOWNEY UNIFIED SCHOOL DISTRICT: Approve the Agreement which allocates $21,300 in 1997 -98 Community Development Block Grant (CDBG) funds to the School District for an outreach program servicing "at- risk" youths: Approve. 1997/98 AGREEMENT WITH RIO HONDO TEMPORARY HOME FOR THE HOMELESS: Approve. FEDERAL EQUITABLE SHARING AGREEMENT (ASSET SEIZURE): Approve the agreement between the City of Downey and the Downey Police Department, the U. S. Department of Justice, and the U. S. Department of the Treasury and authorize the Mayor and Police Chief as signatories on behalf of the City: Approve. RESOLUTION NO. 6080 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF JOEL LUBIN TO THE CABLE TV CITIZENS ADVISORY COMMITTEE, DISTRICT 5 ORDINANCES: None RESOLUTIONS: None ADMINISTRATIVE REPORTS Mayor Riley opened the administrative hearing on APPEAL OF HEARING OFFICER'S DECISION RE: ENTERTAINMENT PERMIT FOR JOSE ESCOBAR (COSTA BRAVA RESTAURANT). Mayor Riley noted the City Council will limit its review to the record of the proceedings before the hearing officer and any oral or written arguments which may be offered. No new evidence will be considered by the City Council in arriving at its decision. Ms. Feffer, City Prosecutor, gave a brief history of the case and referenced the evidence in the Councils' packet. She noted Chief Caldwell has the discretion (under DMC 4603) to rule on an application based on either the applicants character or on the impact of the business on the community and she urged the Council to uphold the decision to deny Mr. Escobar's application in this case. Council Minutes 7/22/97 - 1069 Mayor Riley asked the appellant or his representative to present their testimony. Mr. Ralph Saltsman, Attorney representing the Escobar family, stated the operation of the business is not at issue here, but what is at issue is an entertainment permit that is protected by the First Amendment of the United States Constitution. He stated the overcrowding situation on two occasions had nothing to do with an entertainment permit and explained the type of activities going on, which are not covered by an entertainment permit. He urged the Council to reverse the decision of the hearing officer. Council Member McCarthy inquired as to why a televised soccer match would not be considered entertainment and Mr. Saltsman stated his reading of the ordinance indicates that live entertainment is the subject matter of the entertainment permit. He noted the ordinance was recently amended and would now include televised entertainment as well, but felt the amended ordinance still does not include the activities at Mr. Escobar's location. There being no one to speak in favor or in opposition to the denial of the entertainment permit, it was so ordered to close the hearing. Following discussion, it was moved by Council Member McCarthy, seconded by Council Member Brazelton, and unanimously carried to deny the appeal of Jose Escobar (Costa Brava Restaurant). Mayor Riley announced the decision of the Council is final and conclusive; there is no additional right of appeal. OTHER BUSINESS - Consent Calendar - Items removed by Council Approval CONTRACT WITH THE FAIR HOUSING FOUNDATION FOR FAIR HOUSING (FHF) SERVICES Council Member McCarthy mentioned the services the FHF provides for the fee the City renders and asked what the work load was in the past fiscal year. Mr. Velasco indicated he is still waiting for this report but noted the bulk of the cases handled, around 2,000 a year, are landlord and tenant questions. In terms of complaints on housing discrimination, the range is about 50 per year. He noted other services provided. Council Member McCarthy noted his concern that the City was getting good services for what it is expending. It was moved by Council Member McCarthy, seconded by Council Member Brazelton, and unanimously carried to approve a contract with the Fair Housing Foundation (FHF), in the amount of $13,000, to provide fair housing services in fiscal year 1997 -98. Council Minutes 7/22/97 -12- 106” RESOLUTION NO. 6081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A CLASS SPECIFICATION AND ESTABLISHING A SALARY RANGE FOR NEIGHBORHOOD PRESERVATION COORDINATOR AND ADOPTING A SPECIAL ASSIGNMENT PAY FOR LIBRARIAN Council Member McCarthy noted his concern about the entry level salary and asked if this could be set lower. He was informed staff had reviewed comparable positions within the City and felt " this was a comparable range. Also, the range set was on the low side. He then asked if the City would be obligated to hire at this limit or if it was negotiable and was advised that once the position is established, the City is obligated to go with the bottom side of the salary scale for each applicant. Council Member Brazelton asked what the present salary was for this position and was advised it was a maximum of $50,000 per year with no benefits. He asked if the candidate would come in at the lower figure of the range and the response was that the current amount paid is approximately equal to step C proposed and the candidate would be started at this amount. The Resolution was read by title only. It was moved by Council Member McCaughan, seconded by Council Member Lawrence, and unanimously carried by the following vote to waive further reading and adopt. AYES: 4 COUNCIL MEMBERS: McCaughan, Lawrence, Brazelton, Riley NOES: 1 COUNCIL MEMBERS: McCarthy Prior to the vote, Council Member Lawrence mentioned she voted to initiate the position of Neighborhood Preservation Coordinator and has been pleased with how the position has formed and with Christina Garcia's performance. She was not interested in lowering the salary. For the record, Council Member McCarthy stated his NO vote was not on the waiver of further reading. OTHER BUSINESS - Council Members TRAFFIC SIGNAL AT FLORENCE AVENUE AND PARAMOUNT BOULEVARD MODIFICATION FOR ASSISTANCE TO THE BLIND Mayor Riley mentioned a memo received from the City Engineer regarding a sound emitting signal at this location and Mr. Caton responded it would be considered by the Traffic Committee next week and then brought to Council around the second meeting in August. Mr. Fred James, 9360 Samoline, suggested installing a device used in northern California where numbers are displayed indicating how much time is left to cross the intersection. Council Minutes 7/22/97 -13- 697 i MEETINGS WITH THE SCHOOL DISTRICT REGARDING CHILD CARE Council Member McCaughan indicated he would delay his report pending receipt of a letter from the School Board regarding their decision on this matter. Council Member Lawrence asked if the School Board was considering the request and Council Member McCaughan stated he wanted to await their response so as not to misinterpret anything. She then asked if there was a vote of the Board and the response was no but that a consensus was taken and he anticipates the City will receive a consensus letter. REAPPOINTMENT OF SELACO PRIVATE INDUSTRY COUNCIL (PIC) Council Member McCarthy mentioned he is the City's representative to the Private Industry Council for Southeast Los Angeles County and he recommended the reappointment of Mr. Clarence Bailey to the Private Industry Council. It was moved by Council Member McCarthy, seconded by Council Member Lawrence, and unanimously carried to approve the reappointment of Mr. Clarence Bailey to the Private Industry Council of Southeast Los Angels County ( SELACO) for the term July 1, 1997 through June 30, 1999. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING AN "OPPOSED" POSITION TO SENATE BILL 567 The Resolution was read by title only. It was moved by Council Member McCarthy and seconded by Council Member Brazelton to waive further reading and adopt. Council Member McCarthy explained that Senate Bill 567 is an attempt to fix the Metropolitan Transportation Authority (MTA) and he does not feel it solves the problems. Council Member Lawrence noted, as an Alternate for the MTA, she attends the meetings and is probably most familiar with the problems the MTA is having, but did not place this item on the Agenda because she felt the Council should not take a position. During discussion, Council Member McCarthy expressed his feeling that it should be made clear to Senator Polanco that the Council is not supportive of this bill. The vote on the motion was separated as follows: It was unanimously carried to waive further reading of the Resolution. Council Minutes 7/22/97 - 14- i 0698 The vote to adopt the Resolution failed as follows: AYES: 2 COUNCIL MEMBERS: McCarthy, Brazelton NOES: 2 COUNCIL MEMBERS: Lawrence, Riley ABSTAIN: 1 COUNCIL MEMBERS: McCaughan "YOUR CITY'S FAMILIES- -TEAM UP FOR ACTION" CONFERENCE SEPTEMBER 11 -14, 1997 AT THE REGAL BILTMORE HOTEL, LOS ANGELES, CALIFORNIA Council Member Lawrence mentioned this conference deals with how School Districts and other community leaders can work together to benefit their City's families. She suggested it might be beneficial to attend as a team, and proposed a team of less than a majority of the Council and possibly someone from the Chamber of Commerce, Recreation and Community Services Commission, and inviting School Board Members. It was moved by Council Member Lawrence, seconded by Council Member McCarthy, and unanimously carried to authorize the City of Downey to sponsor a team, not to exceed eight members and /or $2,000, to attend the conference. Council Member McCarthy announced he would be on vacation the month of August. OTHER BUSINESS - Staff Members Mr. Caton advised it is anticipated there will not be a quorum for the Council Meeting of August 12, 1997, and that the meeting will be adjourned for lack of a quorum. ADJOURNMENT: 1:45 a.m. July 23, 1997 l 17' E M McDonnell, ll i Clerk Barbara J. Rile l c o e, C t�. y, 4fayor H:\ CCLERK\SCONTE\MINUCES \CCMIN722. WPD Council Minutes 7/22/97 -15-