Loading...
HomeMy WebLinkAboutMinutes-05-12-87-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 12, 1987 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Appointment of Joel H. Lubin - Citizens Charter Review Committee - Dist. 5 1 Proclamation proclaiming May 17-23 as Traffic Safety Week 1 Proclamation proclaiming May 17-23 as National Public Works Week 1 Proclamation proclaiming May 13 as Day of the Teacher 1 Proclamation proclaiming May 3-9 as Hire a Veteran Week 1 Proclamation proclaiming May 29 as Polio Plus Day 1 Res. #4865, General Plan Amendment 87-1, 7749 Florence Adopted 2 Pub. Hrg. CUP #243, 8345 Firestone Blvd. Denied/Res. 5/26 4 Pub. Hrg. CUP #246, 11837 Downey Ave. Grt. Appeal/Res. 5/26 4 Pub. Hrg. General Plan Amdt. #87-2 & ZC #237 Con't 5/26 5 John Gonzalez re removal of people from audience by Police. 5 Laura Kim zoning problems at her shopping galleria, 7676 Firestone Blvd. Ref. to Staff 5 Richard Salyer re concern in manner proceedings of Council are conducted 5 Jim Derry urged enforcement of DDA w/Shepherd Dev. on original CUP 5 Stanley Wantuch re being asked to take a seat in the audience earlier in evening 5 Removal of items from Consent Calendar 5 Minutes: Spec. Called Mtg., April 28, 1987; Adj. Reg. Mtg., April 28, 1987, & Reg. Mtg., April 28, 1987 Approved 5 Rejection of Legal Claim: Ref. #860 - Schwarzel Rejected 5 CC #546, Wilderness Park - Security: Approve plans, specs & grant authority to advertise Approved 5 CC #550, Rio Hondo Country Club Perimeter Fencing: Authorize $25,000 in Acct. # 52-4-4420-0700 f/work & grant authority to advertise Approved 6 General Warrants: #29666-29916 & 29919-30038 Approved 6 Rio Hondo Golf Course - Recommended Adjustment to Golf Fees: Appr. adjustment to green fee & cart rental rates Approved 6 Page 1 of 2 COUNCIL MINUTES, MAY 12, 1987 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION Downey Art Museum Air Conditioning: Accept proposal of lowest bidder, Delta Mechanical f/ $5,000, appr. $1,000 f/necessary electrical wk. & authorize expenditure of $6,000 f/General fund Approved Apollo Neighborhood Center Electrical Upgrade, 12458 Rives Ave., Proj. #28-20329: Authorize staff to advertise & obtain bids f/electrical improvements Approved Community Development Block Grant Appl. Submittal \,,f/1987-88: Authorize City Mgr, to (1) execute & submit 1987-88 CDBG Appl. & Final Statement f/use of funds, & (2) execute any & all documents in conj. w/1987-88 CDBG Approved Contract Fire Protection Engineer - Contract Renewal: Appr. f/one yr. Approved Section 33130 Health & Safety Code: Rec. & file disclosures of James Santangelo & Robert Brazelton Received & filed Res. #4867, Setting Fees & Charges f/City Svcs. related to Public Works Activities Res. #4868, Setting Liability Coverage Requirements f/Pub. Wks. Activities Res. #4869, Liability Program - Claim Processing Ord. #850, Revision of Section 7100, et. seq. re Pub. Wks. Downey Civic Light Opera Association Status: Direct staff to prep. rpt, to be considered 5/26, setting forth a proposal for City control of business operations of the DCLO; and that the DCLO be invited to participate in preparation of staff report Res. #4866, Apprg, final Subdivision Map of Parcel Map No. 17952 (11540 Downey Ave.) Lighting Maint. Dist. AD 121- Zone Rates Mayor Santangelo: Letter from Neva Byram, Chairwoman, Traffic Committee Mayor Pro Tem Boggs: Scheduled Budget Session of May 27th be cancelled Meeting adjourned to 1:00 p.m., May 18, 1987 Adopted Adopted Adopted Adopted Approved Adopted Con't 5/26 Con't Approved PAGE NO. 6 6 6 6 6 6 6 6 6 7 7 7 7 7 7 Page 2 of 2 8ad5 MINUTES OF THE OF THE CITY MAY 12, CITY COUNCIL OF DOWNEY 1987 The City Council of the City of Downey held a regular meeting at 8:06 p.m., May 12, 1987, 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 Randall R. Barb Roy L. Paul ALSO PRESENT: Don Davis, City Manager Carl K. Newton, City Attorney Jenny Young, City Clerk -Treasurer James R. Cutts, Director of Community Development Ronald Irwin, Fire Chief James R. Jarrett, Director of Community Services Bob Williams, Police Captain Lee Powell, Director of Administrative Services William A. Ralph, Director of Public Works Sylvia Garcia, Assistant to the City Manager William Makshanoff, Building Official Laura Nash, Administrative Assistant Mark Sellheim, Associate Planner Ed Velasco, Manager of Housing Jake Wager, Redevelopment Manager Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Joyce Baker, Executive Secretary PRESENTATIONS Mayor Santangelo announced the Appointment of Joel H. Lubin to the Citizens Charter Review Committee for District No. 5. A Certificate of Appreciation will delivered to Mr. Lubin. Mayor Santangelo read in full a Proclamation proclaiming the week of May 17 - 23, 1987 as Traffic Safety Week. Mayor Santangelo read in full a Proclamation proclaiming the week of May 17 - 23, 1987 as National Public Works Week. Mayor Santangelo read in a full a Proclamation proclaiming May 13, 1987 as Day of the Teacher. Certificates were presented to Mary Lash, Teacher of the Year for the Paramount School District; John Pulice, Superintendent of the Little Lake School District; Jay Rant, Masonic Teacher of the Year for the Downey Unified School District; and David Lebow, President of the Teachers Association of the Montebello School District. Mayor Santangelo read in full a Proclamation proclaiming the week of May 3 - 9, 1987 as Hire a Veteran Week. Mr. Jess Ramirez, Disabled Veteran Outreach Person with the State Employment Department, was present to accept the Proclamation. Mayor Santangelo read in full a Proclamation proclaiming May 29, 1987 as Polio Plus Day. Mr. Roy Taylor of the Rotary Club accepted the Proclamation and announced the First Annual Polio Plus Golf Tournament to be held May 29, 1987 at Rio Hondo County Club. HEARINGS A Public Hearing on General Plan Amendment 87-1, 7749 Florence Avenue (Appl. Downey Assistance League). City Clerk Young affirmed the Proof of Publication. It was moved by Council Member Boggs, seconded by Council Member Paul, and unanimously carried to receive and file. Council Minutes 5/12/87 -1- 'g�,\6 Community Development Director Cutts presented the staff report and a short slide presentation, along with Planning Commission Resolution No. 1010 recommending approval of General Plan Amendment No. 87-1. City Clerk Young stated that there were no written protests or objections filed against the subject General Plan Amendment. Mayor Santangelo called for those in the audience who wished to speak in Favor of proposed General Plan Amendment No. 87-1. Proponents, as follow, outlined the requested use of the property as the Assistance League House and meeting location for their philanthropic activities. They stated the wishes of Geline Gates Johnson, also known as Gypsy R. Johnson, in granting the Assistance League title to this property in her will: Mr. E1Nayne Smith, Attorney representing the Assistance League, 8130 Florence Ave.; and Ms. Helen Hoag, President of the Assistance League, 7730 4th P1_. Mayor Santangelo called for those in the audience who wished to speak in Opposition to General Plan Amendment No. 87-1. Opponents, as follow, expressed concerns to diminished privacy and safety; future uses; increased noise levels; parking problems; proposed fire crash gate; that the General Plan would stand even if the specific use is rejected or changed; and that the Assistance League should set forth a list of their planned uses as opposed to a list being made of prohibitive uses: Ms. Ann Stocker, 9947 Rives Ave. Mr. Richard Mittleman, 7737 Otto St. Ms. Terry Ziegler, 9944 Rives Ave. Mayor Santangelo and City Attorney Newton clarified that this is the Public Hearing for the General Plan Amendment and that any conditions of use would be part of the Conditional Use Permit process. Mr. E1Mayne Smith rebutted the foregoing opposition and reiterated what Mayor Santangelo and City Attorney Newton said in the above paragraph. It was moved by Council Member Cormack, seconded by Council Member Paul, and unanimously carried that the Public Hearing be closed. RESOLUTION NO. 4865 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOMNEY AMENDING A PORTION OF THE GENERAL.PLAN OF LAND USE MAP GENERAL PLAN AMENDMENT #87-1 7749 FLORENCE AVENUE The Resolution was read by title only. It was moved by Council Member Paul, seconded by Council Member Cormack, and unanimously carried to waive further reading and to adopt. A Public Hearing on Appeal to Conditional Use Permit 1243, 8345 Firestone Blvd. (Appl. Shepherd Development/U.C.B.). City Clerk Young affirmed the Proof of Publication. It was moved by Council Member Boggs, seconded by Council Member Cormack, and unanimously carried to receive and file. Community Development Director Cutts presented the staff report, a short slide presentation, and Planning Commission Resolution No. 1006, which denied Conditional Use Permit #243 - a request to increase the student enrollment on property located at 8345 Firestone Blvd. from 250 to 500 students. City Clerk Young acknowledged "letters of opposition from Ms. Virginia D. Warren, 8345 Firestone Blvd., La Barca Restaurant, 8339 Firestone Blvd., and Embassy Suites Hotel, 8425 Firestone Blvd. It was moved by Council Member Boggs, seconded by Council Member Cormack, and unanimously carried to receive and file. Council Minutes 5/12/87 -2- 8�ei It was noted that one or more Council Members were present at some of the hearings conducted by the Planning Commission on this matter. In view of that fact, all Council Members asked that the following statement be made part of the record of this hearing, and all affirmed the statement to be true. 1. Any information I may have received at the Planning Commission Hearing is accurately reflected in the minutes and resolution of the Planning Commission Hearing on this subject. 2. Notwithstanding the receipt of any information by myself at the Planning Commission Hearing, I will base my decision on the appeal solely upon evidence received at this City Council hearing. 3. No prejudgment has been made by me with respect to the merits of the Conditional Use Permit Appeal based upon any information received prior to this appeal hearing. Mayor Santangelo asked that the applicant present his case. Mr. Allan Mentzer, 8345 Firestone Blvd., President of United College of Business, referenced three points of appeal as set forth in the letter of appeal addressed to the City Clerk and dated April 15, 1987. He also made a short slide presentation which showed Second and Third Streets, and the "promised land" from various directions and at different times of the day. Mayor Santangelo called for those in the audience who wished to speak in Favor of this Appeal. The following persons speaking in favor contended the staff memo was biased against the application, questioned findings set forth in the Planning Commission Resolution, and questioned whether reasons for denial might be economic and discriminatory. Court action was indicated if approval was not received. Mr. Blaine Greenberg, 10920 Wilshire Blvd., Los Angeles, Legal Counsel for United College of Business. Mr. Greenberg also stated that FBCD Development Corporation was the applicant. Mr. Richard Salyer, 8485 Florence Ave., representative of Shepherd Development. Mayor Santangelo called for those in the audience who wished to speak in opposition to this Appeal. The following persons speaking in opposition expressed concerns regarding detrimental parking impact, congestion, present loitering and littering by students of the College, improper use of the property as a school, and the landlord's guarantee of quiet possession of the building. Mr. Art Morris, 8335 Firestone Blvd., owner of group of stores near parking lot of the bank and the college. Mr. Jean Crum, 7123 Rio Flora Pl., Chairman of the Board of Directors of the Downey National Bank. Mr. Randy Martin, 9731 Garnish Dr., third tenant in the subject property. Ms. Joyce Lawrence, 9627 Cheddar St., representing Friends of the Downey Library. Mr. Robert Nichols, 9040 Telegraph Rd., Attorney in community. Mr. Richard Holmes, 9167 Dinsdale St., President of Downey National Bank, 8345 Firestone Blvd. Mr. Larry Hoag, 7730 4th P1., owner of property at southeast corner of Firestone Blvd. and Downey Ave. Mayor Santangelo called for rebuttal to opposition on this Appeal. Mr. Blaine Greenberg, 10920 Wilshire Blvd., Los Angeles, and Legal Counsel for United College, briefly rebutted the foregoing concerns citing presentable students, pleasant classrooms, and that parking was a problem prior to the building being used as a school. He apologized for incorrect information regarding ownership and expressed regret that the bank is unhappy with the United Business College above them. It was moved by Council Member Boggs, seconded by Council Member Barb, and unanimously carried to close the Public Hearing.//L// Council Minutes 5/12/87 -3- Council discussed the intended use of the "promised land" parking area, referenced statements in the disposition and development agreement relative to building an office as opposed to other uses in order to alleviate any parking problem, commented on statements made at previous hearings regarding student use of the bus as opposed to parking their cars, and questioned the approval of the First Conditional Permit allowing 250 students as it was the intention from the beginning not to impact parking. Council also took exception to the charge of prejudice and asked that the appellant be a good neighbor and consider the impact of the request on the community. Councilman Barb indicated that he would like to ask the City Attorney to begin investigation and possible revocation of the original Conditional Use Permit. It was moved by Council Member Boggs, seconded by Council Member Cormack, and unanimously carried to deny this appeal of Planning Commission denial of Conditional Use Permit #243 and to direct that the City Attorney prepare a Council Resolution of Denial with evidence of findings. A Public Hearing on Appeal to Conditional Use Permit #246, 11837 Downey Ave. (Appl. Dominick Marino; Owner - Misak Tebelekian). City Clerk Young affirmed the Proof of Publication. It was moved by Council Member Paul, seconded by Council Member Boggs, and unanimously carried to receive and file. Community Development Director Cutts presented the staff report along with Planning Commission Resolution No. 1002, which grants Conditional Use Permit #246 to expand on -sale of alcoholic beverages from beer and wine only to include general alcoholic beverages in a restaurant with bar facilities within 300 feet of residentially zoned properties in a C-1 Zone. City Clerk Young affirmed that there was no further correspondence received. Mayor Santangelo asked that the applicant present his case. Mr. Ioan 6hitea, 8261 Fontana St., summarized statements set forth in his letter of appeal received by the City Clerk on April 2, 1987; he cited proximity to residential and school areas and potential safety problems. Mayor Santangelo called for those in the audience who wished to speak in Opposition to the Appeal and in favor of Conditional Use Permit #246. The following opponents to the Appeal mentioned that they currently serve beer and wine at their restaurant and are only asking for general alcohol. Mr. Metts, 2645 Main St., Santa Monica, representing Dominick Marino and the owner of the propertry. Mayor Santangelo called for those in the audience who wished to speak in favor of this Appeal and in opposition to Conditional Use Permit #246. The following proponents mentioned unpleasant incidences from a previous business, stated concern regarding the type of clientele who would come from a business with general alcohol use, and indicated they felt there would be traffic safety problems. These proponents did not object to the restaurant use. Craig McClurg, 8255 Fontana St. Arthur Barney, 8254 Fontana St. Dave Howe, 8258 Fontana St. Mr. Metts rebutted concerns of the proponents stating that this would be a high class restaurant. He mentioned the name would be Oscar's Oasis. It was moved by Council Member Cormack, seconded by Council Member Paul, and carried 4-1 (Mayor Santangelo voting no) to grant the Appeal and that the City Attorney be directed to prepare a Resolution reversing the decision of the Planning Commission as set forth in Planning Commission Resolution 1002. Council Minutes 5/12/87 -4- �5db4 A Public Hearing on General Plan Amendment #87-2 and Zone Change #237, 11027-29-33-43-49-53 and 11105-11-13 Old River School Rd. (Appl. Christos Smyrniotis) (from Low Medium Density Residential to Medium Density Residential and from R-1-5000, HFB, R-3 and C-1 Zone to R-3-0 or R-2 Zone) City Clerk Young affirmed the Proof of Publication. It was moved by Council Member Boggs, seconded by Council Member Barb, and unanimoulsy carried to receive and file. Community Development Director Cutts presented the staff report and a short slide presentation. City Clerk Young stated there were no written projects or objections filed against the subject General Plan Amendment. Mayor Santangelo called for those in the audience who wished to speak in Favor of the General Plan Amendment #87-2 and Zone Change #237. Mr. Richard Salyer, 8485 Florence Ave., representative of applicant Mr. Smyrniotis, asked for a continuance of the matter to May 26th so that Mr. Smyrniotis can either be present or obtain other legal representation to present his case at that time. It was moved by Council Member Cormack, seconded by Council Member Paul, and unanimously carried to continue to May 26, 1987. ORAL COMMUNICATIONS - Items not on Agenda Mr. John Gonzalez, 12350 Orizaba Ave., expressed concern that he or anyone else in the audience can be removed by the Police from the Council Chamber at the request of the Council. Ms. Laura Kim, 7676 Firestone Blvd., states she has remodeled the property for a shopping galleria. She said that she had received a Temporary Occupancy Permit. Ms. Kim said she has several tenants occupying the premises, and had releases from both the Building Department and the Fire Department, but that now the Planning Department said she must make some corrections in the building. Community Development Director Cutts advised that Ms. Kim had been issued a Partial Occupancy Permit with regard to the mall area and that she had brought in a large number of tenants, and there is a zoning problem. Ms. Kim was advised by Council to work with the staff on this matter. Mr. Richard Salyer, 8485 Florence Ave., expressed concern about the manner in which the proceedings of the Council Meetings are conducted. Mr. Jim Derry, 7845 4th St., urged enforcement of the DDA With Shepherd Development on the original Conditional Use Permit. Mr. Stanley Wantuch, 7720 Ramish, Bell Gardens, commented further about being asked to take a seat earlier in the evening when he had been standing in the aisle with a camera. CONSENT CALENDAR Agenda Item VI-F-1, Civic Light Opera Follow-up to Council request for additional information, was removed at the request of Council Member Barb. Agenda Items VI-G-1, Parcel Map #17952, 11540 Downey Ave., and VI-G-2, Lighting Maintenance District AD 121 - Zone Rates, were removed at the request of Mayor Santangelo. It was moved by Council Member Cormack, seconded by Council Member Paul, and passed by the following vote to approve the Remainder of the Consent Calendar per Agenda recommendation: Minutes: Special Called Meeting, April 28, 1987, Adjourned Regular Meeting, April 28, 1987, and Regular Meeting, April 28, 1987. Approve. Rejection of Legal Claim: Ref. #860, Mark Schwarzel: Reject. Cash Contract No. 546, Wilderness Park - Security Lighting System: Approve plans, specifications and grant authority to advertise: Council Minutes 5/12/87 -5- gaao Cash Contract No. 550, Rio Hondo Country Club Perimeter Fencing: Authorize $25,000 in Account No. 52-4-4420.0700 for work and grant authority to advertise: Approve. General Warrants: #29666 - 29916 and 29919 - 30038, $1,938.771.54. Approve. Rio Hondo Golf Course - Recommended Adjustment to Golf Fees: Approve adjustments to green fee and cart rental rates. Downey Art Museum Air Conditioning: Accept proposal of lowest bidder, Delta Mechanical, in amount of $5,000, approve $1,000 for necessary electrical work and authorize expenditure of $6,000 from General Fund. Approve. Apollo Neighborhood Center Electrical Upgrade, 12458 Rives Ave., Project No. 28-20329: Authorize staff to advertise and obtain bids for electrical improvements. Approve. Community Development Block Grant (CDBG) Application Submittal for 1987-88: Authorize City Manager to (1) execute and submit the 1987-88 CDBG Application and Final Statement for use of funds, and (2) execute any and all documents in conjunction with the 1987-88 CDBG. Approve. Contract Fire Protection Engineer - Contract Renewal: Approve contract for one year. Section 33130 Health and Safety Code - Disclosures: Receive and file disclosures of James S. Santangelo and Robert Brazelton. RESOLUTION NO. 4867 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SETTING FEES AND CHARGES FOR CITY SERVICES PERFORMED UNDER ARTICLE VII, CHAPTER 1, OF THE DOWNEY MUNICIPAL CODE RESOLUTION NO. 4868 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SETTING LIABILITY COVERAGE REQUIREMENTS FOR ARTICLE VII OF THE DOWNEY MUNICIPAL CODE RESOLUTION NO. 4869 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING LIABILITY CLAIM PROCESSING AYES: 5 Council Members: Boggs, Cormack, Barb, Paul, Santangelo ORDINANCES ORDINANCE NO. 850 (ADOPT) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING CHAPTER 1 OF ARTICLE VII CONSISTING OF SECTIONS 7100-7175.8 OF THE DOWNEY MUNICIPAL CODE, AND ADDING TO ARTICLE VII, CHAPTER 1, CONSISTING OF SECTIONS 7100-7194, ALL RELATING TO PUBLIC WORKS ACTIVITIES IN CITY STREETS The Ordinance was read by title only. It was moved by Council Member Barb, seconded by Council Member Boggs, and carried by unanimous vote to waive further reading and to adopt. RESOLUTIONS: None here (see above Hearings and Consent Calendar) ADMINISTRATIVE REPORTS: None Council Minutes 5/12/87 -6- 3aa9 ITEMS REMOVED FROM CONSENT CALENDAR Downey Civic Light Opera Association Status It was moved by Council Member Barb, seconded by Council Member Paul, and unanimously carried (as amended below) to direct staff to prepare a report to be considered by the City Council at the next regular meeting setting forth a proposal for City control of the business operations of the Downey Civic Light Opera Association. It was moved by Council Member Boggs, seconded by Council Member Cormack, and carried 4-1 (Council Member Barb no) that the Downey Civic Light Opera Association be invited to participate in the preparation of the foregoing staff report. It was moved by Council Member Paul, seconded by Council Member Cormack, and failed 1-4 (Council Member Paul yes) that the Park and Recreation Commission be invited to participate in the foregoing staff report. Prior to the foregoing votes, Mr. Jim Derry addressed the Council advising of his experience as a Park and Recreation Commissioner working with this problem. RESOLUTION NO. 4866 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDVISION MAP OF PARCEL MAP NO. 17952 (11540 DOWNEY AVENUE) The Resolution was read by title only. It was moved by Council Member Boggs, seconded by Council Member Cormack, and carried by unanimous vote to waive further reading and to adopt. Lighting Maintenance District AD 121 - Zone Rates There being no objections, this matter was continued to May 26, 1987. OTHER BUSINESS - Staff Members: None OTHER BUSINESS - City Council Mayor Santangelo: Letter dated April 24, 1987 from Neva Byram, Chairwoman, Traffic Committee: Council discussed this request regarding staff as voting members of the Traffic Committee. It was moved by Council Member Boggs, seconded by Council Member Barb, and carried 3-2 (Mayor Santangelo and Council Member Paul voting no) to continue consideration of this request to allow Council Members to talk to their individual appointees and also that a staff report be prepared. Council Member Boggs: Council agreed per Council Member Bogg's request that the scheduled budget session of May 27th be cancelled. It was agreed that the May 28th date is only if needed. ADJOURNMENT: 12:50 a.m. The meeting was adjourned to 1:00 p.m., May 18, 1987, in the Council Chamber of Dowmey City Hall. Jenny -,,Young, Ci y'Cl',erk_T;r�a'syrer Jame . Santangel. , Mayor Council Minutes 5/12/87 -7- '