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HomeMy WebLinkAboutMinutes-09-09-86-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 9, 1986 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Presentation of Colors by Guard R.O.T.C. Unit of E1 Rancho High School, Pico Rivera 1 Proclamation decl. Sept. 17-23 as Constitution Week 1 Proclamation decl. Oct. 25-31 as Higher Education Week in Downey 1 Zone Change #231, 9100-9130 & 9220-9330 Firestone Bl. & 11229-11255 Woodruff Av. Cont'd. to 9/23 1 Appeal, Zone Variance #462, 8255 Firestone B1. Approved; Resol. to be brought back next mtg. 1 J. Gonzalez re selling home & moving from City 3 Cn. Cormack re status of City Manager establishing open door policy one night a week 3 Minutes: Adj. Reg. Mtg., Sept. 9, 1986; & Reg. Mtg., Sept. 9, 1986 Approved 3 General Warrants #17759 - 18126 Approved 3 Remodeling of Fire Station #2: Reject both bids submitted & auth. staff to advertise & receive new bids on proj. Approved 3 Guatemala/Lubec Stop Sign Inst.: Retain stop sign at Intersection Approved 4 Public Library Video Circuit: Amndmt. to Joint Powers Agreement Approved 4 Res. #4800, Proposing to Annex into Ltg. Maint. Dist. AD 121 & Ord. Engr. to prepare & file report (Annex. 86/11 - Puritan St.) Adopted 4 Res. #4801, Apprvg. Engr's. Rpt. (Annex. 86/11) Adopted 4 Res. #4802, Decl. Int. to Annex. into Ltg. Maint. Adopted; sets hrg. Dist. AD 121 (Annex. 86/11) 10/14 4 Res. #4803, Apprvg. Final Subdiv. Map of Parcel Map #16982 (7251-7307 Irwingrove Dr.) Adopted 4 Res. #4804, Supporting L.A. County Dist. Atty. Ira Reiner's New Program directed toward Street Drug Dealers Adopted 4 Ord. #833, Auth. execution & delivery of Liability Risk Coverage Agmt., a Trust Agmt., & the filing of a Validation Proceeding & certain other actions Adopted 4 Ord. #834, Apprvg. Amndmt, to Joint Exercise of Powers Agmt. f/Insurance & Risk Mngmt. Purposes Adopted 4 Ord. #835, re Subdivision Regulations Adopted 5 Ord. #836, re Zone Change #230 (9136-9158 Firestone B1.) Adopted 5 Page 1 of 2 COUNCIL MINUTES, SEPTEMBER 9, 1986 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Apptmt. of Ch. Roy Paul as Director of County of Kern -City of Downey Housing Finance Authority Approved 5 Appropriation Adjustment (carry forward of previous year encumbrances) Approved 5 -- City Design Review Bd./Board of Bldg. Appeals Cont'd. to next meeting 5 Cn. Paul in favor of Resol, supporting L.A. County Dist. Atty. Ira Reiner's new program directed toward drug dealers 5 Field trip to City of Commerce Trash -to -Energy Project Set for 10/13, 4:00 pm 5 Mayor Pro Tem Boggs & Mayor Santangelo will meet w/staff prior to next meeting re Report on Design Review Bd./Board of Bldg. Appeals 5 Budget Study Session Set for 9/30, 3:00 pm 6 Mayor Santangelo re status of suggestion box "Talk to Your Councilman" 6 Mayor Santangelo re status of opaque panels on newspaper racks 6 Meeting adjourned to 6:30 p.m., September 23, 1986 6 Meeting adjourned in memory of Mr. Kenneth Newton, father of City Attorney Carl Newton 6 Page 2 of 2 UuC O MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 9, 1986 The City Council of the City of Downey held a regular meeting at 7:39 p.m., September 9, 1986, in the Council Chamber of the Downey City Hall, Mayor James S. Santangelo presiding. PRESENT: Council Members: James S. Santangelo Mayor Diane P. Boggs Mayor Pro Tem Robert G. Cormack Roy L. Paul ABSENT: Randall R. Barb (excused) ALSO PRESENT: Don Davis, City Manager Carl K. Newton, City Attorney Robert L. Shand, City Clerk -Treasurer James R. Cutts, Director of Community Development Ronald Irwin, Fire Chief James R. Jarrett, Director of Community Services William F. Martin, Police Chief Lee Powell, Director of Administrative Services William A. Ralph, Director of Public Works Vicky Jenkins, Librarian William Makshanoff, Building Official Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Mayor Pro Tem Boggs. There was a pre- sentation of colors by Color Guard R.O.T.0 Unit of E1 Rancho High School, Pico Rivera. The Flag Salute was led by Clara Miller, Santa Gertrudes Chapter of the D.A.R. PRESENTATIONS Mayor Santangelo presented to Mrs. Becky Shea, Regent of the Santa Gertrudes Chapter of Daughters of the American Revolution, a Proclamation declaring September 17-23 as Constitution Week. Chaplain Clara Miller of the Santa Gertrudes Chapter was also introduced. Mayor Santangelo read a Proclamation declaring October 25-31 as Higher Education Week in Downey. HEARINGS Mayor Santangelo opened the hearing on Zone Change Case No. 231, 9100-9130 Firestone Boulevard; 9220-9330 Firestone Boulevard; and 11229-11255 Woodruff Avenue. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Paul to receive and file the Proof. It was moved by Mayor Pro Tem Boggs, seconded by Councilman Cormack, and so ordered to continue the hearing to 7:30 p.m., September 23, 1986, in the Council Chamber of Downey City Hall. Mayor Santangelo opened the hearing on Appeal, Zone Variance No. 462, 8255 Firestone Boulevard. He inquired if the City Clerk had the Proof of Publica- tion, and the response was yes. It was moved by Mayor Pro Tem Boggs, seconded by Councilman Cormack, and so ordered to receive and file the Proof. Mr. Cutts explained that the Planning Commission approved a conditional use permit to operate a business college and a zone variance for reduced parking for the business college in a C-3 zone in the central business district. The Council Minutes 9/9/86 -1- SCS9 applicant has appealed Conditions 4 and 5 of the zone variance approval. He commented on development of the property with a two-story building and a five - story office building and indicated it is the applicant's request to lease the second and third floors of the five -story building to the United College of Business. The floor plans submitted indicate 13 classrooms will be provided along with smaller offices, lounges, a bookstore and restrooms, and an estimated maximum enrollment of 250 students is anticipated. He 'noted the parking requirement for a college and mentioned discussion took place on limiting the enrollment to 185 students. The classes are held day and evening, with the day session attracting the greater number of students, and college officials estimate that with a maximum enrollment of 250 students, approximately 230 would be daytime, with the remaining 20 at night. Condition 4 of the Zone Variance establishes a minimum two-hour interval between class sessions in order to permit students from the day session to leave the premises and make parking available for students attending the evening session. Condition 5 provides maximum enrollment of 185 at any one session, which would coincide with Code requirements for parking of a business college. The business college indicates that 50 percent of the students do not drive vehicles to school but ride public transportation. Mayor Santangelo asked if the City Clerk had received any correspondence, and the response was no. The applicant was asked to come forward and present his case. Mr. Angelo Cardono, 9221 Rives Avenue, explained the zone variance was requested in order to allow the business college to enroll 250 students and enable them to meet their financial goals. He expressed his opposition to Con- dition No. 4, which establishes a minimum time interval between class sessions at two hours, and Condition No. 5, which sets the maximum enrollment of any one session at 185. He commented on his visit to other locations of the business college and noted the students occupy less than 60 percent of the parking spaces at the other facilities. Mr. Cardono mentioned the college has made application and been granted a conditional use permit for the Shepherd Building, and he noted the difference in parking requirements for that building. He requested approval of his appeal. Mayor Santangelo asked about the difference in parking ratio requirements for the Shepherd Building and Cardono Building. Mr. Cutts replied he would like to review the file for the Shepherd Building but indicated it did meet the Code. He also mentioned Mr. Cardono's building is 13 parking spaces short, which is why the recommendation was made to limit the size of the class and hours of operation. Mayor Pro Tem Boggs questioned whether three out -of -five students will actually ride the RTD. There being no one else to speak in favor, Mayor Santangelo asked if anyone wished to speak in opposition. Mr. John Gonzalez, 12350 Orizaba, questioned whether Mayor Santangelo would have a conflict of interest on this matter, since his sister owns property on Downey Avenue. Mayor Santangelo explained he does not own property anywhere near the subject property and does not have a conflict,of interest on this matter. Mr. Gonzalez objected to any assistance on the part of the City to help Mr. Cardono with his project. Mr. David Wakefield, Real Estate Representative for Lucky Stores and speak- ing on behalf of the Lucky Store at 8320 Firestone Boulevard, said that store has difficulties with the parking and he voiced concern that a business college at the subject location will further compound parking problems', in the area. There being no one else to speak in opposition, rebuttal time was granted to the applicant. Mr. Cardono also expressed his concern about parking in the downtown area and indicated the parking for his building occupies 21 percent of the downtown area and provides 47 percent of all the spaces currently available, including those provided by the City. He said there are employees of a business next to Council Minutes 9/9/86 -2- UU'jv Lucky Stores parking in his lot, but mentioned he intends to be a good neighbor and hopes people using his building will not park in someone else's lot. It was moved by Mayor Pro Tem Boggs, seconded by Councilman Paul, and so ordered to close the hearing. Mayor Pro Tem Boggs questioned how the requirement for one space for every five students was arrived at and said she does not feel that is a realistic figure. She supports Conditions 4 and 5 in view of the parking situation. Councilman Paul questioned the requirement for two hours between classes. He moved to delete the two conditions. Councilman Cormack feels the project has improved parking in the downtown area and that there should be a review of the City's Ordinances on parking. Mayor Pro Tem Boggs indicated it is totally irresponsible to allow a zone variance that further compounds the downtown parking situation. It was moved by Mayor Pro Tem Boggs to deny the request of the applicant and allow him the variance with conditions set forth by the Planning Commission. Mayor Santangelo said if the college locates in the building just to the east of the subject property, it will impact an already strained parking problem. He feels that allowing buildings to sit unoccupied is a more serious problem than holding to the ordinance on parking, and the City must be flexible. Councilman Cormack seconded the motion. Discussion followed. Mr. Cutts commented on staff's attempt to work with the applicant on this matter and the reasons why the conditions were established. AYES: 1 Council Member: Boggs NOES: 3 Council Members: Cormack, Paul, Santangelo ABSENT: 1 Council Member: Barb Failed. It was moved by Councilman Paul, seconded by Councilman Cormack, and passed by the following vote to approve the appeal. Mr. Newton indicated a resolution will be brought back at the next meeting. AYES: 3 Council Members: Cormack, Paul, Santangelo NOES: 1 Council Member: Boggs ABSENT: 1 Council Member: Barb ORAL COMMUNICATIONS - Items not on Agenda Mr. John Gonzalez, 12350 Orizaba, explained the reason he is selling his home and moving from the City. Councilman Cormack inquired regarding status of the City Manager establish- ing an open door policy one night a week. Mr. Davis replied he has not received a concensus from the Council on this matter. CONSENT CALENDAR It was moved by Councilman Cormack, seconded by Mayor Pro Tem Boggs, and passed by the following vote to approve the Consent Calendar: Minutes: Adjourned Regular Meeting, August 26, 1986; and Regular Meeting, August 26, 1986. General Warrants: 117759 - 18126, $1,444,950.43. Remodeling of Fire Station No. 2: Reject both bids submitted and authorize staff to advertise and receive new bids on this project. Council Minutes 9/9/86 -3- Guatemala Avenue/Lubec Street Stop Sign Installation: Retain stop sign at intersection. Public Library Video Circuit: Amendment to Joint Powers Agreement. RESOLUTION NO 4800 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROPOSING TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT NO. A.D. 121 AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (ANNEXATION 86/11 - PURITAN STREET BETWEEN BROCK AVENUE AND GNEISS AVENUE) RESOLUTION NO. 4801 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE ENGINEER'S REPORT FOR THE ADDITION TO LIGHTING MAINTENANCE DISTRICT A.D. 121 OF ANNEXATION 86/11 - PURITAN STREET BETWEEN BROCK AVENUE AND GNEISS AVENUE RESOLUTION NO. 4802 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES (ANNEXATION 86/11 - PURITAN STREET BETWEEN BROCK AVENUE AND GNEISS AVENUE (sets the hearing for October 14, 1986) RESOLUTION NO. 4803 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 16982 (7251-7307 IRWINGROVE DRIVE) RESOLUTION NO. 4804 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING LOS ANGELES COUNTY DISTRICT ATTORNEY IRA REINER'S NEW PROGRAM DIRECTED TOWARD STREET DRUG DEALERS AYES: 4 Council Members: Boggs, Cormack, Paul, Santangelo ABSENT: 1 Council Member: Barb ORDINANCES ORDINANCE NO. 833 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE EXECUTION AND DELIVERY OF A LIABILITY RISK COVERAGE AGREEMENT, A TRUST AGREEMENT, AND THE FILING OF A VALIDATION PROCEEDING AND CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH The Ordinance was read by title only. It was moved by Councilman Cormack, seconded by Mayor Pro Tem Boggs, and passed.- by- the following vote to waive further reading and to adopt. AYES: 4 Council Members: Boggs, Cormack, Paul, Santangelo ABSENT: 1 Council Member: Barb ORDINANCE NO. 834 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES The Ordinance was read by title only. It was moved by Mayor Pro Tem Boggs, seconded by Councilman Cormack, and passed by the following vote to waive further reading and to adopt. Council Minutes 9/9/86 -4- AYES: 4 Council Members: Boggs, Cormack, Paul, Santangelo ABSENT: 1 Council Member: Barb ORDINANCE NO. 835 AN ORDINANCE OF THE CITY OF DOWNEY AMENDING SECTIONS OF ARTICLE IX, CHAPTER 2 OF THE DOWNEY MUNICIPAL CODE, RELATING TO SUBDIVISION REGULATIONS The Ordinance was read by title only. It was moved by Councilman Cormack, seconded by Mayor Pro Tem Boggs, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Boggs, Cormack, Paul, Santangelo ABSENT: 1 Council Member: Barb ORDINANCE NO. 836 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING NAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 953, ZONE CHANGE CASE NO. 230) (9136-9158 Firestone B1.) The Ordinance was read by title only. It was moved by Councilman Cormack, seconded by Mayor Pro Tem Boggs, and passed by the following vote to waive further reading and to adopt. AYES: 3 Council Members: ABSENT: 1 Council Member: ABSTAIN: 1 Council Member: RESOLUTIONS: None ADMINISTRATIVE REPORTS Boggs, Cormack, Paul Barb Santangelo It was moved by Councilman Cormack, seconded by Mayor Pro Tem Boggs, and so ordered to approve the Appointment of Councilman Roy Paul as Director of County of 'Kern -City of Downey Hbusing Finance Authority. It was moved by Councilman Cormack, seconded by Mayor Pro Tem Boggs, and passed by the following vote to approve the Appropriation Adjustment (Carry Forward of Previous Year Encumbrances. AYES: 4 Council Members: Boggs, Cormack, Paul, Santangelo ABSENT: 1 Council Member: Barb It was so ordered to continue the City Design Review Board/Board of Building Appeals to the next meeting. ITEMS REMOVED FROM CONSENT CALENDAR: None OTHER BUSINESS - Staff Members: None OTHER BUSINESS - City Council Councilman Paul feels the Resolution supporting Los Angeles County District Attorney Ira Reiner's new Program directed toward Street Drug Dealers is a fantastic step forward in dealing with the problem and that if all the cities take similar actions then maybe the State would impose heavier sentences on the drug dealers. Monday, October 13th, 4:00 p.m, was established for a field trip to the City of Commerce Trash -to -Energy Project. Mayor Pro Tem Boggs would like to meet with staff before the next meeting and go over the Report on Design Review Board/Board of Building Appeals. Mayor Santangelo indicated the same interest in this matter. A Budget Study Session was set for 3:00 p.m., September 30, 1986. Mayor Santangelo inquired regarding status of a suggestion box "Talk to Your Councilman." Council Minutes 9/9/86 -5- �_'dc(3 Mr. Yotsuya replied some professional artwork is being done, and the project should be completed shortly. Mayor Santangelo asked about status of .opaque panels on newspaper racks. Mr. Newton responded that his office previously sent communication to the Council. He did mention that the amendment to the ordinance was all that could be done constitutionally. ADJOURNMENT: 9:00 p.m. The meeting was adjourned to 6:30 p.m., September 23, 1986, in the Council Chamber of Downey City Hall. The meeting was also adjourned in memory of Mr. Kenneth Newtons, father of City Attorney Carl Newton. Ro ert L. Shand, CityClerk-Treasurer James S. Santangelo, Mayor Council Minutes 9/9/86 -6-