HomeMy WebLinkAboutMinutes-10-23-84-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
OCTOBER 23, 1984
TABLE OF MINUTE ACTIONS
SUBJECT ACTION
Resolution in Recognition of Downey Unified
School Dist. Summer Youth Program to Ron
Richardson of Warren High School & Richad Sims
of Downey High School
Appeal, Zone Variance #350, 9447 Pellet St. Denied
Ord. re Gasoline Serv. Station/Convenience Markets Introduced as amended
Removal of Items from Consent Calendar
Minutes: Reg. Mtg.of September 25, 1984; & Adj.
Reg. Mtg. of October 2, 1984 Approved
Corres. from Recreation & Community Svcs. Comm.
re Vacancy on Commission Received & filed
PAGE NO.
CC #520, Tree Trimming and/or Removal - Rio Hondo
Country Club: Accept work performed. Approved
General Warrants: #000073 - 000100
#000670 - 000883 Approved
Staff report re ZV #230, 8314-28 2nd St. -
General Tel. Co., permitting temporary relaxation
of parking requirements Approved
Overhead Doors at Fire Station No. 2: Bid
package & auth. Purchasing Div. to adv. for bids Approved
Sign Ord. Revisions - Free Standing Signs Hearing set for 11/13/84
Res. #4475, Apprvg. Reapptmt. of Gary Boyd to
Parking Place Comm., Dist. 3 Adopted
Res. #4476, Apprvg. Reapptmt. of Norman Sipple
to Library Adv. Bd., Dist. 3 Adopted
Res. #4477, Apprvg. Reapptmt. of Robert Roller
to Personnel Adv. Bd., Dist. 3 Adopted
Res. #4478, Apprvg. Reapptmt. of William Hunt
to Water Adv. Bd., Dist. 3 Adopted
Res. #4479, Apprvg. Apptmt.
of Robert James
Verderber to Planning Comm.,
Dist. 1
Adopted
Res. #4480, Apprvg. Apptmt.
of David Ray to
Planning Comm., Dist. 2
Adopted
Res. #4481, Apprvg. Apptmt.
of James A. Lytle
as Director to Civic Center
Corp.
Adopted
Proposed Demolition of Ship
Building - Treasure
Island Park: Ref. to Recreation
& Comm. Serv.
Comm. to explore removal of
parking lot & turning
into addl. grass area
Approved
1984-85 Fiscal Year - Social
Service Funding:
Approve funding to SE Center
for Independent
Living; SE Council on Alcoholism
& Drug Problems;
Downey Youth Employment; Project
Info; and Women &
Children's Crisis Center
Approved
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COUNCIL MINUTES, OCTOBER 23,'1984
TABLE OF MINUTE ACTIONS CONTINUED
SUBJECT ACTION PAGE NO.
Alda Sichting req. for City funding for Aeferredto staff for
Guadalajara & San Quintin visit to Downey next meeting 6
Mr. Perry re citation for parking trailer in
front of garage 6
Mr. John Gonzalez re recording of Council
Meetings 6
Ord, re Hotels, Lodging & Rooming Houses Introduced as amended 7
Ord. re Alarm Ordinance Continued to next mtg. 8
Ord. #770, amending DMC re Signs Adopted 8
Ord. #771, amending DMC re Business Licenses Adopted 8
Res. #4482, Decl. Opposition to a Prison Site
proposed by State Dept. of Corrections for SE
Los Angeles County Adopted 9
Res. #4483, Apprvg. Apptmt, of Sergio G. Diaz to
Recreation & Community Serv.',Comm., Dist. 2 Adopted 9
CC #493A, Const. Activity Building at Apollo Park:
Waive bid bond informality &'award contract for
basic bid less deductive Item #6 to R.G. Const. Approved 9
CC #372/392, Citywide StreetResurfacing: Award
to Vernon Paving Co. & auth.'combining three
budgeted projects into single project by trans-
ferring funds Approved 9
CC #493A, Const. Activity Bldg. at Apollo Park: Bring back next meeting
re CDBG funding 9
Design Review Bd. Case #82-27, 8001 Florence Av.:
Require Mr. Sprik to remove plastic facia of signs
that are supposed to be covered over & all of the
wiring and/or bulbs behind that area before T1-11
plywood is in place Approved
Political Sign Amendment
Apptmt. of Joe Sarabia to Community Access
Citizens Adv. Comm. to replace James Karsjens
Preserve & refurbish Downey Grammar School Arch:
Auth. setting up of Foundation & moving arch to
grassy knoll on Civic Center Dr.
Hold 2nd Mtg. in December on 'Dec. 18, 1984
Place signs on Cardono bldg.'signifying it is
Downey Redev. Proj. Area
Req. Report re Adm. Reg. allowing unrestricted
personal use of cars by five 'Dept. Heads
Referred to Planning
Approved
Approved
Approved
Approved
Approved
Prepare Res. apptg. Alfred D"Alessandro to Bd. To be on November 13th
of Building Appeals -Design Review Bd. agenda
Cn. Davila req. report re "filthy" sidewalk in
front of Winston's Tire Shop'
Motion to direct County to build new Courthouse
within 2,000 foot radius of Downey Civic Center Failed
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COUNCIL MINUTES, OCTOBER 23, 1984
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION
Discussion re abortion clinic in Downey
Cn. Boggs to hold off on Design Rev. Bd, apptmt.
until after 11/13 meeting
Cn. Boggs req. Council Expense Account be placed
on next Agenda
Cn. Boggs introduced appointee to Planning Comm.
Cn. Davila introduced appointee to Planning Comm.
Joel Lubin re Political Signs
Lennie Whittington re Personal Use of Vehicles
by Dept. Heads
Lennie Whittington re attorney's fees re DDA on
Baptist Church property
John Gonzalez re complaints concerning use of
large equipment during early morning hours in
residential area
Closed session re pending litigation
Council to continue with Shepherd Development
on Dolan Av. property
Meeting adj. to 6:30 p.m., Nov. 13, 1984, in
the Mayor's office to discuss pending or
potential litigation
Meeting adj. in memory of former Mayor & Council
Member Ted H. Jackman
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Page 3 of 3
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
OCTOBER 23, 1984
The City Council of the City of Downey held a regular meeting at 7:30
p.m., October 23, 1984, in the Council Chamber of the Downey City Hall, Mayor
Randall R. Barb presiding.
PRESENT: Council Members:
Randall R. Barb Mayor
Bob Davila Mayor Pro Tem
Diane P. Boggs
James S. Santangelo
Robert G.'Cormack
ALSO PRESENT: Don Davis', Acting City Manager
Carl K. Newton, City Attorney
James R. Cutts, Director of Community Development
Lee Powell, Director of Administrative Services
William F. Martin, Police Chief
Francis E. Carter, City Planner
Harald J.'Henriksen, City Engineer
Captain F. D. Shade, Police Department
BattalionChief Lyle Wilkinson, Fire Department
Jake Wager, Housing Manager
Bonnie Kehoe, Recreation Division Manager
Scot Yotsuya, Assistant to the City Manager
Robert L.'Shand, City Clerk -Treasurer
Judy McDonnell, Executive Secretary
INVOCATION AND FLAG SALUTE
The Invocation was delivered by Reverend Edward Ullrich, Moravian Church
of Downey. The Flag Salute was led by Councilman Santangelo.
PRESENTATIONS
Mayor Barb presented a Resolution in Recognition of the Downey Unified
School District Summer Youth Program to Ron Richardson of Warren High School
and Richard Sims of Downey High School.
Mr. Richardson commented, on the jobs that were granted to the youth under
this program.
Mr. Wager explained this program was coordinated with the senior paint -
up, fix -up program, with the first project being the home of an elderly 50-
year resident of the City.
HEARINGS
Mayor Barb opened the hearing on Appeal to Zone Variance Case No. 350,
9447 Pellet Street. He inquired if the City Clerk had the Proof of Publica-
tion, and the response was yes.
It was moved by Councilman Santangelo, seconded by Councilman Cormack,
and so ordered to receive and file the Proof.
Mr. Cutts reported on the request to eliminate a condition of approval
for a previous zone variance requiring construction of a two -car carport for
an existing single family residence in a R1-6000 zone. He explained the
applicant was issued a building permit for an addition to his home, which
exceeded 50 percent of the existing floor area of the dwelling, a two -car
carport was proposed to be 'constructed in the rear yard area with access
through the single car garage'. After hearing before the Planning Commission,
the Commission approved a condition for a covenant, whereby the applicant
would not have to construct the carport until such time as the property is
sold, leased or rented. The applicant has subsequently filed a new zone
variance request to be relieved of the covenant condition as well, which was
denied by the Commission.
Council Minutes 10/23/84 -1-
There was no correspondence received.
Mayor Barb asked the applicant to come forward and present his case.
Mr. Alan Nader, 1508 Beverly Glenn Boulevard,Los Angeles, representing
Carol Nader, explained that since obtaining the permit the contractor has
disappeared without finishing the contract, which placed a financial burden on
Ms. Nader. He said there is not enough turning radius for the carport, and it
would be difficult to place the carport on the corner of the lot and drive
through the garage to the street. Also because the contractor has not paid
his suppliers, there is a lawsuit against Ms. Nader, who will have to pay some
of the bills for the contractor. Under these circumstances, there is no way
she can construct the carport, and she has been forced to sell the house. No
one has been interested in purchasing the property because with the carport
there will not be adequate space for a back yard.' He requested the carport
condition be waived as an alternative solution to this problem.
Councilman Santangelo asked if Mr. Nader is 'suggesting the carport be
constructed as an attachment to the existing garage for tandem parking, and
Mr. Nader replied yes. Councilman Santangelo then 'inquired if it is possible
under the City's Building and Fire Codes to have'a carport attached to an
existing building.
Mr. Cutts replied if the carport were constructed to the rear of the
garage, there would be sufficient side yard, but if any of the structure's
windows are affected, this would not be permitted unless the windows were
changed and sufficient light were provided for the rooms involved.
Mr. Nader explained there is a small bathroom window. The sliding
kitchen door also opens to the outside.
Councilman Santangelo requested this first ',go back to the Building
Division to see if what Mr. Nader is proposing would be permitted.
Councilwoman Boggs feels this is a cumbersome design and would not allow
maneuverability for vehicles.
Further discussion ensued.
Phyllis Hemphill, 11104 Pangborn, speaking on behalf of her mother, Madge
Davis, said this involves a matter of a daughter attempting to furnish her
elder mother with a home, and she suggested leaving the garage as is, inasmuch
as a carport would detract from the looks of the property.
There being no one else to speak in favor and no one to speak in opposi-
tion, it was moved by Councilman Cormack, seconded by Councilman Santangelo,
and so ordered to close the hearing.
The Council Members discussed their views in opposition to the variance.
Mr. Cutts indicated staff would be willing to work with the property
owner on something that might be more amenable to her needs. During further
discussion, he explained the altnernative of tandem parking would be a request
separate from what has been proposed in the variance and would necessitate the
process of a separate variance --the Code does not presently allow tandum
parking in a residential zone. It could not be processed under the same
application.
Mr. Newton said tandem parking would require a'; new application before the
Planning Commission.
Councilman Davila would like to minimize the expense to the family.
It was moved by Councilman Cormack, seconded by Councilman Santangelo,
and passed by unanimous vote to deny the aappeal.
Mayor Barb opened the hearing on proposed Amendment to Downey Municipal
Code pertaining to Gasoline Stations/Mini-Marts. He inquired if the City
Clerk had the Proof of Publication, and the response was yes.
It was moved by Councilman Davila, seconded by 'Councilman Santangelo, and
so ordered to receive and file the Proof.
Council Minutes 10/23/84 -2-
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Mr. Cutts explained pursuant to the Council's request, staff has studied
possible Code amendments pertaining to gasoline stations and mini -marts, and
the conclusion of that study has been presented to the Planning Commission.
He mentioned there have been ten conversions approved by the Commission in the
last year and a half, five of which are presently under construction or have
been installed. Mr. Cutts said staff feels the mini -marts could create a
police problem and a planning problem concerning design and placement of an
existing service station, which also creates a problem regarding traffic
circulation and parking. The police are concerned about the availablility of
alcohol in conjunction with a service station, and also mini -marts having late
hours are the target of robberies. Mr. Cutts commented regarding a survey
conducted of surrounding cities and noted Downey permits the off -sale of
liquor in the C-1, C-2 and C-3 zones. The Planning Commission has made the
following conclusions: (a) No combined service station and convenience market
shall be located within 1,000 feet of a school, public park, or another com-
bined service station and convenience market; (b) Separate restroom facilities
shall be provided for men and women and available during business hours for
customer use and maintainedin a clean and sanitary condition; (c) Air for
tire inflation and radiator water shall be provided; and (d) There shall be at
least four parking spaces provided for customer use. The Planning Commission
also provided a list of guidelines for proposed development.
Mayor Barb inquired if the City Clerk had received any correspondence,
and the response was no.
Mayor Barb then asked if anyone wished to speak to the proposed
Ordinance.
Eleanor Lindenfeld, 8846 Manzanar, urged the Council to vote for the
Ordinance.
Mr. Jim Huntsberry, representing Mobil Oil Corporation, 612 South Flower,
Los Angeles, raised questions concerning the need to include a paragraph
stating that no combined service station and convenience market shall be
located within 1,000 feet of a school, etc. He feels the sale of beer and
wine on a conditional use permit is a good method, and he would like to see
this considered on a site -by -site basis. Mr. Huntsberry expressed opposition
to paragraph (4) of the Planning Commission Resolution of guidelines which
says such conversions shall only be permitted when all sales of motor fuels is
self-service and no automotive mechanical repairs shall be permitted. He
feels this Ordinance could restrain the possibility and hurt the individual
franchisee from making a living.
Mr. Joe Peck, 8144 Primrose Lane, formerly employed by Mobil Oil and
recently retired, objected to the 1,000 foot provision between mini -mart
locations and from schools, parks, etc., and limiting the conversions to self-
service stations, as well as not permitting automotive mechanical repairs.
(name inaudible), service station dealer at 8500 Firestone Boulevard,
expressed his opposition to the restriction of hours of operation and the
restriction against mechanical repairs. He requested approval of mini -marts
for any dealer who wishes to have one.
It was moved by Councilman Santangelo and seconded by Councilman Cormack
to close the hearing.
Rebuttal time was granted to Ms. Lindenfeld, who said she was informed by
owners of two stations that had converted to mini -marts that it was not their
wish but the oil company that', they convert to mini -marts.
Mr. Newton explained that the proper municipal basis for exercising the
power to designate the 1,000 foot distance between stations and from schools
is not to restrain trade in any manner nor to control alcoholic beverage use
or sale, but it is a proper exercise of the zoning power of the City to avoid
a proliferation of certain uses within an area, and the 1,000 foot limitation
is a proper exercise of the City's zoning power.
The motion to close the hearing was so ordered by the Mayor.
Council Minutes 10/23/84 -3-
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE 'CITY OF DOWNEY
ADDING SUBSECTION 20 TO SECTION 9146 OF THE DOWNEY
MUNICIPAL CODE (CHAPTER 1, ARTICLE IX)RELATING TO
GASOLINE SERVICE STATION/CONVENIENCE MARKETS
The Ordinance was read by title only. It' was moved by Councilman
Santangelo and seconded by Councilman Cormack to waive further reading and to
introduce.
Councilman Davila indicated he would like the mini -marts to have a
cashier on the outside for easy access by cusomers. He is not in favor of
restricting free enterprise.
It was moved by Councilman Cormack, seconded by Councilwoman Boggs, and
passed by unanimous vote to amend the Ordinance by adding paragraph (e) to
state "windshield washing materials shall be available for use by the consumer
public."
Councilwoman Boggs does not see a problem with 'removing "or another com-
bined service station and convenience market" from the 1,000 foot restriction
in paragraph (a). She does not object to the station being self-service or
having a mechanic on duty.
It was moved by Councilwoman Boggs and seconded by Councilman Davila to
amend the Ordinance, paragraph (a), by adding "or before the words "public
park" and that the remainder be deleted.
Mayor Barb agrees with having full -service stations available but said
allowing mechanical repair and a mini -mart would be permitting a dual use,
which would then require double parking, etc., and specific standards for that
type of use would have to be prepared for that type of use.
Discussion followed.
Roll call vote on amendment:
AYES: 2 Council Members:
NOES: 3 Council Members:
Davila, Boggs
Santangelo, Cormack, Barb
Failed.
The Ordinance as amended was passed by the following vote:
AYES: 4 Council Members: Santangelo, Boggs'„ Cormack, Barb
NOES: 1 Council Member: Davila
Councilman Davila stated his"no" vote pertained only to introduction of
the Ordinance and not to the waiver of further reading.
Mayor Barb declared a recess from 8:45 p.m. to 9:00 p.m. The meeting
resumed with all Council Members present.
REMOVAL OF ITEMS FROM CONSENT CALENDAR
Agenda Item VIII-F-2, Proposed Demolition of Ship Building - Treasure
Island Park, was removed at the request of Councilman Santangelo. He also
indicated that when the Council votes on the balance of the Consent Calendar,
that the record show his abstention on VIII-F-S, Amend Sign Ord. Sec. 9148 re
Free Standing Signs.
Agenda Item VIII-F-3, 1984-85 Fiscal Year Social Service Funding, was
removed at the request of Mayor Barb.
CONSENT CALENDAR
It was moved by Councilman Santangelo, seconded by Councilwoman Boggs,
and passed by the following vote to approve the 'Remainder of the Consent
Calendar:
Council Minutes 10/23/84 -4-
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Minutes: Regular Meeting, September 25, 1984; and Adjourned Regular
Meeting of October 2, 1984.
Correspondence from Recreation and Community Services Commission
regarding Vacancy on Commission.
Cash Contract No. 520, Tree Trimming and/or Removal - Rio Hondo
Country Club: Accept work performed.
Report on Warrants Issued: #000073 - 000100; #000670 - 000883:
$743,543.39.
Report on Zone Variance No. 230, 8314-28 Second Street - General
Telephone Co., permitting temporary relaxation of parking requirements. --
Overhead Doors at Fire Station No. 2: Bid package and authorize the
Purchasing division to advertise for bids.
**Sign Ordinance Revisions'- Free Standing Signs: Hearing set for 7:30
p.m., November 13, 1984, in the Council Chamber of the Downey City Hall.
RESOLUTION NO. 4475
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE RE -APPOINTMENT OF GARY BOYD TO THE PARKING
PLACE COMMISSION FROM COUNCILMANIC DISTRICT NO. 3
RESOLUTION NO. 4476
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE RE' -APPOINTMENT OF NORMAN SIPPLE TO THE
LIBRARY ADVISORY BOARD FROM COUNCILMANIC DISTRICT NO. THREE
RESOLUTION NO. 4477
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE RE -APPOINTMENT OF ROBERT ROLLER TO THE
PERSONNEL ADVISORY BOARD FROM COUNCILMANIC DISTRICT NO. THREE
RESOLUTION NO. 4478
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE RE -APPOINTMENT OF WILLIAM HUNT TO THE WATER
ADVISORY BOARD FROM COUNCILMANIC DISTRICT NO. THREE
RESOLUTION NO. 4479
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF ROBERT JAMES VERDERBER TO THE
PLANNING COMMISSION FROM COUNCILMANIC DISTRICT NO. ONE
RESOLUTION NO. 4480
A RESOSLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF DAVID RAY TO THE PLANNING
COMMISSION FROM COUNCILMANIC DISTRICT NO. TWO
RESOLUTION NO. 4481
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF MR. JAMES A. LYTLE AS A
DIRECTOR OF THE CIVIC CENTER CORPORATION
AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb
**Councilman Santangelo abstained from voting on this Agenda item.
Proposed Demolition of Ship Building - Treasure Island Park
Councilman Santangelo said when this is referred back to the Recreation &
Community Services Commission,', he would like the Commission to explore removal
Council Minutes 10/23/84 -5-
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of the parking lot area and turning it into an additional grass area to be
used by people in the surrounding community.
Referred to the Recreation & Community Services Commission for exploring
removal of the parking lot and turning it into an additional grass area and
for public review of the proposed demolition and replacement with landscaping.
1984-85 Fiscal Year - Social Service Funding
Councilman Santangelo commented on his discussion with the Acting
Director of Community Services and a member of the Recreation & Community
Services Commission, who satisfied his concerns with regard to the funding.
Mayor Barb is hesitant to award Social Service Funding to organizations
outside the City.
Councilman Davila does not feel the funds should be allocated to just a
few organizations.
Mrs. Kehoe explained how the Commission arrived at its decision for the
funding.
It was moved by Councilwoman Boggs, seconded by Councilman Santangelo,
and passed by unanimous vote to approve fundingto Southeast Center for
Independent Living; Southeast Council on Alcoholism and Drug Abuse; Downey
Youth Employment; Project Info; and Women and Children's Crisis Shelter.
ORAL COMMUNICATIONS - Items not on Agenda
Alda Sichting, 10434 Casanes, President of the Downey Sister Cities
Association, thanked the Council for its time and personal funds to attend the
official visitation in Guadalajara commemorating 25,years of the Sister Cities
program. Downey will be hosting the City of Guaralajara in December, as well
as the Sister City of San Quintin, and she submitted a letter requesting funds
for this event. Mrs. Sichting mentioned an art contest was held in which
Downey's youth submitted pieces of art commemorating 25 years of service and
international friendship, one of which was submitted to Guadalajara. She
presented a piece of art to the City of Downey.
Mayor Barb indicated the letter will be referred to staff, and he re-
quested the Council to give this matter consideration so that it can come up
with a specific figure by the next meeting.
Councilman Davila thanked Mrs. Sichting for her outstanding representa-
tion as President of the Downey Sister Cities Association.
Mr. Perry, 10912 Ryerson Avenue, referred to a citation he received
regarding his parked trailer and was informed that if he has been cited for a
specific problem, he should take this matter up with the Court.
Councilman Santangelo reminded Mr. Perry of their discussions the day he
visited his home.
Mr. John Gonzalez, 12350 Orizaba, commented on the recording of Council
Meetings and indicated there should be a sign posted advising people of
this. He also spoke to the issue involving Mr.Per,ry and commented regarding
his recent conversations with Mayor Barb.
ORDINANCES
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING ARTICLE IV, CHAPTER 1, SECTION 4130 OF THE
DOWNEY MUNICIPAL CODE RELATING TO HOTELS, LODGING
AND ROOMING HOUSES
The Ordinance was read by title only. It was moved by Councilman
Santangelo and seconded by Councilwoman Boggs to waive further reading and to
introduce.
Council Minutes 10/23/84 -6-
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Councilman Santangelo referred to paragraph (e) which states "no person
shall let any room or area in any lodging house, rooming house or hotel in the
City more than twice in any 24-hour period" and said line 5 in paragraph (f)
contradicts (e).
Mr. Newton does not feelit contradicts because (e) provides that motel
owner may not let the room more than twice in any 24-hour period, and (f) is a
limitation that the room may not be let for hourly or short -time rates of less
than 24 hours. The period of time when the motel owner rents the room must
not be for a period less than 24 hours, but if he rents the room for 24 hours
when someone arrives at 6:00 p.m. and then that person leaves, the motel owner
does not have to wait until 600 p.m. the following day to let the same room.
Mr. Shand said a letter was received from the Law Offices of Frederick W.
Hong raising objections to the 12-hour limitation.
Explaining the intent of the Ordinance, Mr. Newton said there is a
potential nuisance that arises by reason of rapid turnover in the rental of
hotel, motel and lodging house rooms, and the purpose of the Ordinance is to
limit the frequency of use of those rooms to eliminate the potential
nuisance. It requires registration of guests and availability of guest
registration to law enforcement officers and also prohibits changing the
register by erasure or other modification. It requires that the name and
address of the person renting the room be clearly designated in the registra-
tion, and it prohibits the activity of rental of room for a period of less
than 24 hours, in that the motel/hotel operator cannot enter into an agreement
with the tenant or guest that the room can be rented for less than 24 hours.
The hotel/motel operator cannot actually rent the room even if it becomes
available more than twice in ',a 24-hour period, but if a operator rents a room
during the evening and if the person vacates the next morning, the operator is
not required to keep the room open until the next evening.
Mr. Fernando Wang, 9403 East Firestone Boulevard, said he does not feel
this Ordinance is going to be effective for discouraging illegal action
occuring in the motel business --the most effective way is for all the
innkeepers to cooperate with City govenment. He also does not think there
should be a restriction on any kind of business unless there is some proof and
a severe problem with a specific business. Mr. Wang indicated Downey does not
require this type of Ordinance because the City does not have the problems
that occur in other cities. ',Noting that motels have certain check-out times,
which are generally around noon, if a room is rented out around 10:00 p.m.,
the 24-hour restriction would not allow it to be rented again before 10:00 the
next evening.
During discussion, Mr. Newton said the Ordinance does not require that
the check-out time policy be changed but is a limitation upon quoting a rate
for 12 hours, which is not permitted under the Ordinance.
Mr. Wang questioned whether it is necessary to adopt this type of an
Ordinance for the purpose of any other illegal actions, and he feels there are
laws established to prosecute for illegal activities.
Captain Shade was asked if Downey has a specific problem with prostitu-
tion or frequency of arrests, and he replied no. The concern is that when
surrounding cities pass ordinances similar to this that the prostitutes which
use motel rooms on an hourly basis will move from those cities to Downey.
Captain Shade mentioned there is concern about noise pollution whereby if a
motel rents on a short-term basis and rents to long -haul truckers with
refrigeration units, if the motel is located next to a residential area, it
creates noise problems.
Councilman Santangelo asked Mr. Wang if he rents his motel out on an
hourly basis.
Mr. Wang replied he currently has that rate, and he questioned the reason
for discouraging rental to truckers since it can be required that they turn
off their engines.
Mr. Newton clarified for the record that this is not an attempt by the
City to regulate or prohibit prostitution but is an effort to regulate
businesses in a manner to reduce opportunities for nuisance activities to
occur on the premises.
Council Minutes 10/23/84 -7-
Councilman Santangelo said if there is not a ',problem with prostitution,
he is not in favor of telling these businessmen how to run their business.
Mayor Barb feels motels should be required to provide the service for
what they were intended in providing a transient,clean, and well cared -for
rooming facility, and this is one step toward that.
Councilwoman Boggs mentioned she has had complaints from residences in
her district in regard to the noise from truck refrigeration units, which are
parked near their property.
It was moved by Councilman Santangelo, seconded by Councilwoman Boggs,
and passed by the following vote to amend the fifth line of paragraph (f) of
the Ordinance to read, "rates of less than 12 hours," and the seventh line to
read "time rates of less than 12 hours."
AYES: 3 Council Members: Davila, Santangelo, Boggs
NOES: 2 Council Members: Cormack, Barb
It was moved by Concilwoman Boggs, seconded by Councilman Davila, and
passed by the following vote to introduce the Ordinance as amended.
A discussion was held regarding the noise emanating from refrigeration
trucks and how it might disturb adjacent residential owners.
Mr. Newton said he would research the possibility of creating an
ordinance that limits this activity. The Council concurred.
Further discussion ensued.
AYES: 3 Council Members: Davila, Santangelo, Boggs
NOES: 2 Council Members: Cormack, Barb
Mayor Barb inquired about including in the Ordinance a requirement stat-
ing that a truck parked on a motel lot must also be registered by license
number.
Mr. Newton replied this can be required. He will bring back an Ordinance
amending Section 4130 (a) to provide for the listing of the license of the
motor vehicle of the guests.
The Ordinance pertaining to Alarm Ordinance was continued to the next
meeting.
ORDINANCE NO. 770
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 9148 OF THE DOWNEY MUNICIPAL CODE
(CHAPTER 1, ARTICLE IX) (re Signs)
The Ordinance was read by title only. It' was moved by Councilman
Santangelo, seconded by Councilman Cormack, and passed by the following vote
to waive further reading and to adopt.
AYES: 4 Council Members: Santangelo, Boggs', Cormack, Barb
NOES: 1 Council Member: Davila
ORDINANCE NO. 771
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTIONS 6200, 6215, 6226, 6227.1, 6228, 6233,
6234, 6236, 6236.1, 6239, 6240, 6241, 6242, 6243, 6244,
6245, 6246, 6247, 6248, 6248.1, 6249, 6250, 6251, 6252,
6353, 6256, 6257, 6258, 6259, 6261, 6266, 6268, 6269,
AND 6270 OF THE DOWNEY MUNICIPAL CODE ORDINANCE 34 -
BUSINESS LICENSES
The Ordinance was read by title only. It' was moved by Councilman
Santangelo, seconded by Councilman Cormack, and passed by the following vote
to waive further reading and to adopt.
Council Minutes 10/23/84 -8-
9591
Councilman Davila would like to amend Section 6234 concerning Boxing and
Wrestling to read "Professional Boxing and Wrestling" in order to eliminate
the amateur status because there should not be fees for amateur boxing. He
was informed that no licenses have been issued for this type of event, and any
City function would not be applicable.
AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb
RESOLUTIONS:
RESOLUTION NO. 4482
A RESOLUTION OF THE CITY COUNCIL OF TH4E CITY OF DOWNEY,
CALIFORNIA, DECLARING ITS OPPOSITION TO A PRISON SITE
PROPOSED BY THE 'STATE DEPARTMENT OF CORRECTIONS FOR
SOUTHEAST LOS ANGELES COUNTY
The Resolution was read by title only. It was moved by Councilman
Santangelo, seconded by Councilman Cormack, and passed by unanimous vote to
waive further reading and to adopt.
RESOLUTION NO. 4483
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF SERGIO G. DIAZ TO THE
RECREATION AND COMMUNITY SERVICES COMMISSION FROM
COUNC,ILMANIC DISTRICT NO. TWO
The Resolution was read by title only. It was moved by Councilman
Davila, seconded by Councilwoman Boggs, and passed by unanimous vote to waive
further reading and to adopt.'
ADMINISTRATIVE REPORTS
It was moved by Councilman Cormack, seconded by Councilman Santangelo,
and passed by unanimous vote to waive the bid bond informality and award a
contract for the basic bid less deductive Item No. 6 totaling $155,512 to
R. G. Construction for the Construction of the Activity Building at Apollo
Park, Cash Contract No. 493A (Account #28-20305).
It was moved by Councilman Santangelo, seconded by Councilman Cormack,
and passed by unanimous vote to award a unit price contract totaling $229,229
to Vernon Paving Company on Cash Contract No. 372/392, Citywide Street
Resurfacing, and authorize combining the three budgeted projects into a single
project by transferring $70000 from Account #26-16393 and $65,000 from
Account #26-16392 to Account 26-16372.
Referring back to CashContract No. 493A, Construction of Activity
Building at Apollo Park, Mr. Powell explained the Federal Government requires
the City, in its Community Development Block Grant Capital Project Budget, to
fund 50 percent of those projects in certain eligible census tracts, and
Downey has not met that task. There are six eligible options, and the City
Manager has indicated his preference for option six, which is to use a
combination of Park -In -Lieu Fees ($85,460) and Revenue sharing ($129,540) to
fund the Apollo Park Building. This, he said, would take care of the CDBG
budget problem.
Mayor Barb indicated he would like to look at this further, and he sug-
gested any decision be delayed until the next meeting for an additional report
on the funding.
Design Review Board Case No. 82-27, 8001 Florence Avenue
Mr. Davis explained staff has discussed this matter with the City
Attorney, who indicates staff does have the flexibility to authorize a
substitute material.
Mr. Neil Byram, 9813 Guatemala Avenue, business at 8025 East Florence
Avenue, the adjoining property, questioned whether the Council can make a
ruling on this matter since the property owner involved is not present in the
audience.
Mr. Cutts said staff has had no contact with Mr. Sprik.
Council Minutes 10/23/84 -9-
When questioned by Mr. Byram as to whether staff has the authority to
overrule a decision of the City Council, Mr. Newton explained that if a case
is heard and determined before the Council and after that the affected party
seeks to have approval of a substitute equivalent material for consideration
by staff, that opportunity is also available. It is his understanding the
property owner did seek a substitution of equivalent'' material and it was pre-
sented to staff and the Board of Building Appeals, who approved the substitute
material. That, he said, is within the powers given to staff and the Board of
Building Appeals, and it is not an overruling of the', City Council.
Mr. Byram then reviewed this case, whereby in 1983 the Council ruled Mr.
Sprik must take out 290 feet of lighted sign bandsand replace with stucco.
Mr. Sprik has refused to obey the ruling and this condition has existed for a
year. He commented regarding the time that elapsed between the Council ruling
and of Mr. Sprik's request for a continuance months later. Mr. Byram said Mr.
Sprik is a licensed contractor and knows about the sign laws. He urged the
Council to overrule the Design Review Board and 'make Mr. Sprik obey the
decision of the City Council within 15 days.
Councilman Davila questioned why the City Council's decision was changed.
Councilwoman Boggs asked if the signs as they are now are legal according
to the Sign Ordinance.
Mr. Cutts replied he would have to evaluate, but he is consistent with
the old Sign Ordinance. He responded to questions regarding modification of
the sign.
Mr. Byram said none of the plastic has been removed, it has been
camoflaged with plywood. None of the wiring or flash bulbs have been removed.
Mr. Cutts responded that the plastic is gone, and it would require
additional wiring and bulks to illuminate any plastic that would go in front
of the "J" boxes.
It was moved by Councilman Santangelo, seconded by Councilman Cormack,
and passed by unanimous vote that Mr. Sprik be required to remove the plastic
facia of the signs that are supposed to be covered over and all of the wiring
and/or bulbs behind that area before the T1-ll plywood is in place.
It was moved by Councilman Santangelo, seconded by Councilman Cormack,
and so ordered to refer the Political Sign Amendment to Planning.
Mayor Barb declared a recess from 10:58 p.m. to 11:12 p.m. The meeting
resumed with all Council Members present.
It was moved by Councilman Cormack, seconded by Councilman Davila, and
passed by unanimous vote to approve the Appointment of Joe Sarabia to the
Community Access Citizens Advisory Committee to replace James Karsjens.
Mr. George Fairhurst, 11709 Downey Avenue, ',member of the Board of
Directors of the Second Century Foundation, said the Foundation has
with the Historical Society to help preserve and refurbish the Downey Grammar
School Arch which was the main entrance to the grammer school 70 years ago.
He submitted some pamphlets which are intended to be mailed out to members of
the community requesting support for this project. He commented on the
donations received to date. He said the Foundation and Society are confident
they can raise the funds to refurbish the arch once' it has been moved to its
new location.
It was moved by Councilwoman Boggs, seconded by Councilman Santangelo,
and passed by the following vote to authorize the setting up of the Foundation
and the moving of the Arch to the grassy knoll on Civic Center Drive.
Councilman Davila expressed an intent to make an amended motion that it
is not going to cost the City anymore money.
AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb
ABSTAIN: 1 Council Member: Davila
ORAL COMMUNICATIONS - Staff Members: None
Council Minutes 10/23/84 -10-
�5�?)
ORAL COMMUNICATIONS - City Council
It was moved by Councilman Santangelo, seconded by Councilwoman Boggs,
and so ordered that the Second Council Meeting in December be held on December
18, 1984.
It was moved by Councilman Santangelo, seconded by Councilman Cormack,
and so ordered to place signs on the Cardono building signifying it is a
Downey Redevelopment Project Area so that people passing by will know why they
are in the condition they are in.
It was moved by Councilman Santangelo, seconded by Councilman Davila, and
so ordered to request a report relative to the Administrative Regulation that
allowed the unrestricted personal use of cars by five Department Heads.
It was moved by Councilman Santangelo to prepare a Resolution appointing
Alfred D'Alessandro to the Board of Building Appeals -Design Review Board.
Mr. Cutts said information will be presented to the Council at the
November 13th meeting.
Councilman Davila asked if he got a report back concerning the 'filthy"
sidewalk in front of Winston's Tire Shop.
Mr. Ovrom, who was present in the audience, said he will check into it.
It was moved by Councilman Cormack and seconded by Councilwoman Boggs to
direct the County to build the new Courthouse within a 2,000 foot radius of
the Downey Civic Center.
Councilman Cormack believes a majority of the Council is not opposed to
having the Courthouse near the Civic Center but is concerned about the method
of acquiring the property, and there is adequate provision in the Robbins Bill
to take care of it. There are many ways this can be done without penalizing
anyone who is paying a fine.'
Councilman Santangelo is pleased the County has the land to build the
Courthouse and that it is away from downtown Downey. He feels comfortable the
County has not mislead the City in the fact that they would not expand it to
more than a seven -room Courthouse.
Councilman Davila said the Council has made the decision it does not want
the Courthouse near the Civic Center because of the cost to the taxpayers.
Councilwoman Boggs is opposed to the downtown location because of the
funding. She is not in favor of the Rancho site because there is still the
possibility of an expandedCourthouse with consolidation, and she had
suggested a site at the Columbus School on Imperial, which would be a better
location as far as the other two cities in the Court district are concerned
and give a good entrance into the City and good access to the 605 Freeway.
Councilman Santangelo indicated he would not be opposed if the County
decided to build a Courthouse on the Columbus School property.
Mayor Barb feels the Courthouse belongs in the downtown location but not
on the grounds of a hospital' or next door to one of the largest parks in the
City completely surrounded byla residential area.
AYES: 2 Council Members: Cormack, Barb
NOES: 3 Council Members: Davila, Santangelo, Boggs
Failed.
Councilman Cormack expressed his opinion that abortion is murder, and
said there is an abortion clinic in the City. He feels the Council should
give careful consideration as to whether it will condone this type of facility
in Downey.
Councilman Santangelo said women from his church will be picketing the
facility, and he concurs with letting the organization and the community know
some of the Council Members are opposed to abortion in any form.
Council Minutes 10/23/84 -11-
�b iX
Councilwoman Boggs stated she prefers to not take a position on this
particular issue, and she does not feel this is an issue the City Council
should get involved with.
Councilman Davila concurred with Councilman Boggs and feels each person
should act on their own feelings and not involve the City Council.
Mayor Barb concurred with Council Members Boggs and Davila and said he
has received calls regarding this subject and that the Council Members should
express the concerns of their constituents.
Councilwoman Boggs said she will hold off on her appointment to the
Design Review Board until after the November 13th meeting and will meet with
Mr. Cutts before putting the agenda together for that meeting.
Councilwoman Boggs would like to have the Council Expense Account placed
on the next Agenda.
Councilwoman Boggs introduced Mr. Bob Verderber, District One appointee
to the Planning Commission.
Councilman Davila introduced Mr. David Ray, District Two appointee to the
Planning Commission.
ORAL COMMUNICATIONS: Audience
Mr. Joel Lubin, 7820 Allengrove, commented regarding the political signs
in Santa Monica and said Downey looks great.
Mr. Lennie Whittington, 8542 Manatee, said refered to the personal use of
vehicles by Department Heads and said there are eight vehicles involved. He
hopes the public will be allowed to address this issue when it comes up on the
next agenda.
Mr. Whittington then distributed to the five Council Members some papers
showing the payment of funds to Stradling, Yocca, Carlson & Rauth in Newport
Beach for the DDA on the Baptist Church property, and indicated he feels there
was a lot of money spent on this DDA.
Councilman Santangelo said the City Manager will be bringing back a
breakdown of expenses paid to the law firm for work on the DDA, Courthouse
issue, etc.
Mr. John Gonzalez, 12350 Orizaba, expressed his apology to City Officials
for discussions that took place concerning complaints he made regarding use of
large equipment in the early morning hours for work being done in a residen-
tial area near his home.
CLOSED SESSION
The meeting was recessed to closed session from 11:50 p.m. to 12:18 a.m.
to discuss pending litigation. The meeting resumed with Council Members
Santangelo, Boggs, Cormack, Barb present; Council Member Davila absent.
Mayor Barb stated that after much consideration the past few weeks, it is
the Council position, after an attempt to negotiate several alternatives, to
continue with the Shepherd Development on the Dolan 'Avenue property.
ADJOURNMENT: 12:20 a.m.
The meeting was adjourned to 6:30 p.m., November 13, 1984, in the Mayor's
Office of the Downey City Hall, to discuss pending or potential litigation.
The meeting was also adjourned in memory of former Mayor and Council
Member Ted H. Jackman.
Robert L. Shand, Ci y Cler -Treasurer an all R. Barb, Mayo
Council Minutes 10/23/84 -12-