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HomeMy WebLinkAboutMinutes-12-08-87-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 8, 1987 T A B L E O F M I N U T E A C T I O N S SUBJECT Proclamation declaring Dec.13-19 as Bill of Rights Week Proclamation declaring April 18-22, 1988 & every third wk of April thereafter as Cancer Awareness Wk Proclamation declaring week of December 14 as S.A.D.D. - Downey Teen Safe Ride Week Plaque to City Attorney Newton in appreciation for his years of dedicated service to the City Ord. Amending Sections of Downey Muni Code pertaining to Garage Sales Ord. Amending Downey Muni Code relating to Improvement of Parking Areas Appeal, Plot Plan #428, 12516 Dolan Av. ACTION Introduced Ref, to staff Upheld Appellant; Res. 1/12/88 Mtg. recessed at 9:45 p.m. & reconvened at 10:00 p.m. Cn. Cormack re traffic problems when railroad trains block intersections Cn. Barb re legal expenses for Cn. Santangelo & his resignation from Council Stanley Wantuch re too much time spent on agenda items Joel Lubin stated opposition to School District Bond Issue decision Removal of item from Consent Calendar PAGE NO. 1 1 1 1 2 2 4 4 4 4 4 4 4 Minutes: Adj. Reg. Mtg., 11/17/87; Adj. Reg. Mtg., 11/24/87; Reg. Mtg., 11/24/87; & Adj. Reg. Mtg., 12/1/87 Approved 4 CC #SS-413, Misc. Repairs -Gallatin Rd. Sidewalk - Golf Course Sidewalk: Plans & specs & grant auth. to advertise for bids Approved 4 CC #541, Water Mains -Century Freeway Corridor, Bellflower Bl, to Downey Av.: Extra work Approved 4 ..general Warrants #35390-35400; #33591-35831; & #35835-35987, $1,828,003.51 Approved 4 1986-87 Financial Report Rec'd & filed 4 Temporary Crossing Guards: Apprp. of $13,200 f/ crossing guard svcs at : (1) Barlin & Adoree, & (2) Brookshire & Devenir Approved 5 Res. #4953, Designation of Auth. Representaives f/Earthquake Damage Reimbursement by FEMA Adopted 5 Res. #4954, Establishing Service Authority for Freeway Emergenices Adopted 5 Annual Rpt of Financial Transactions f/Community Development Commission Approved 5 Page 1 of 2 COUNCIL MINUTES, DECEMBER 8, 1987 TABLE OF MINUTE ACTIONS (Continued) SUBJECT ACTION PAGE NO. City Mgr Davis re Subcommittee f/Water Improvement Financing 5 City Mgr Davis re Employee Evaluation Mtg. 1/12/88 at 4:00 p.m. 5 Mayor Boggs recognized benefits of Toy Loan Program & graffiti at Birchdale Av. & Meadow Rd. 5 Cn. Cormack re legality of eradication of graffiti by City 5 Cn. Paul asked that he and Cn. Cormack be on Subcommittee for water quality 5 Res. #4952 , Upholding the Revocation of Massage Permit - 7641 Firestone Bl. Adopted 6 Mtg, adjourned at 11:48 p.m. 7 Page 2 of 2 836 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 8, 1987 The City Council of the City of Downey held a regular meeting at 7:48 p.m., December 8, 1987, in the Council Chamber of the Downey City Hall, Mayor Diane P. Boggs presiding. PRESENT: Council Members: Diane P. Boggs Mayor Robert G. Cormack Mayor Pro Tem Randall R. Barb Roy L. Paul James S. Santangelo ALSO PRESENT: Don Davis, City Manager Carl K. Newton, City Attorney Peter Thorson, Attorney/Burke, Williams & Sorensen Jenny Young, City Clerk -Treasurer James R. Cutts, Director of Community Development Ronald Irwin, Fire Chief James R. Jarrett, Director of Community Services Pete Stone, Police Chief Lee Powell, Director of Administrative Services William A. Ralph, Director of Public Works Gail Fitz -Gerald, I. D. Technician William McCulloch, Motor Officer Phil Rego, Police Agent Jake Wager, Redevelopment Manager Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Joyce Baker, Executive Secretary PRESENTATIONS Mayor Boggs presented to Mrs. Lillian Lomeli, Assistant Branch Manager of Coast Savings & Loan of Downey, a Proclamation declaring the week of December 13 - 19, 1987, as Bill of Rights Week. Mayor Boggs presented to Mr. Bill Croker of the Cancer Awareness Foundation, a Proclamation declaring the week of April 18 - 24, 1988 and the third week of April every year thereafter, as Cancer Awareness Week. Mayor Boggs presented representatives of the S.A.D.D. Program - Downey High School: Caryn Davis, Raymond Rivera, and sponsor Jackie Dudley; Warren High School: Danielle Tuesdale, Rory Corrigan, and sponsor Joanne Komes, a Proclamation declaring the week of December 14, 1987 as S.A.D.D. - Downey Teen Safe Ride Week. Mayor Boggs announced that City Attorney Newton was leaving the City of Downey and presented him with a plaque in appreciation for his years of dedicated service to the City. Council commented on Mr. Newton's integrity, honesty, wisdom, and friendship, and each Council Member expressed their best wishes to him. HEARINGS Mayor Boggs opened the Public Hearing on proposed Amendment to Downey Municipal Code Regarding Garage Sales. City Clerk Young affirmed the Proof of Publication and stated that there was no correspondence received. Community Development Director Cutts presented the staff report as set forth in Agenda Memo dated December 8, 1987, entitled "Code Amendment to Downey Municipal Code Sections 9110.8 (i) and 9114.06 (a) as They Pertain to Garage Sales." Mr. Cutts said this specifically relates to increasing the number of garage sales allowable to a resident and recommended two garage sales per year in an R-1 and R-2 Zone, and two garage sales per apartment complex per property per year. Council Minutes 12/8/87 -1- A clerical amendment was made to the Ordinance, Section 2 (a) to add the words "per year" at the end of the paragraph. Mayor Boggs requested those in the audience who wished to speak in favor of or against this proposed amendment. There were none. It was moved by Council Member Santangelo, seconded by Council Member Barb, and unanimously carried that the Public Hearing be closed. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 9110.08 (i) AND 9114.06 (a) OF THE DOWNEY MUNICIPAL CODE (CHAPTER 1, ARTICLE IX) AS SAID SECTIONS PERTAIN TO GARAGE SALES The Ordinance was read by title only. It was moved by Council Member Cormack, seconded by Council Member Santangelo, and unanimously carried to waive further reading and to introduce. Prior to the above vote, Council discussed it was not completely satisfied with that RhsOrdinance 3Zones(apartment omplet hZone. $)mayn t havethe facilities torhold garage sales; parking may be restricted as .driveways have to be kept clear; and applicant should be owner or manager, not apartment renter. Council also commented that perhaps the provision needs to be more lenient in the R-3 Zones; more parking available on weekends when garage sales are held; and most garage sales are held on the grass front lawns and not on the driveway, so parking is not 'restrictive. It was moved by Council Member Paul, seconded by Council Member Santangelo, and unanimously carried to amend the motion so that staff be directed to bring back alternatives set forth in a report to Council which might remedy any unfair burden on R-3 Zoned properties and submit the report within 90 days. Mayor Boggs opened the Public Hearing on proposed Amendment to Downey Municipal Code Regarding Improvement of Parking Areas. City Clerk Young affirmed the the Proof of Publication and stated that there was no correspondence received. Community Development Director Cutts submitted the staff report as set forth in Agenda Memo dated December 8, 1987, entitled "Code Amendment to Section 9150.22 of the Downey Municipal Code, Relating to Improvements of Parking Areas." There were suggested amendments to the Ordinance, Section 1 (b) add words "with the exception of parking in R-1 Zones" after the first three words. Mayor Boggs requested those in the audience who wished to speak in favor of or against the amendment. John driveway. Mr. Gonzalez �w s2 asked rtoatake aba eseat lingthe es h udienceaand he dice is unble to use Mr. Al Wantuch, 7720 Ramish, Bell Gardens, ,sked Council to check the constitutionality of the proposed amendment. It was moved by Council Member Cormack, seconded by Council Member Santangelo, and unanimously carried that the Public Hearing be closed. Council discussed the Ordinance as it relates to paving of all spaces used for parking, and also those parking areas that front on two streets. Mayor Boggs large recreational covehicles tinttheir she hback as ayards pand nt skedouthat sthenparking of recreational vehicles in back yards be checked and how close to the property line can they be parked. It was moved by Council Member Cormack, seconded by Council Member Paul, and unanimously carried to return this item to staff for further work. Council Minutes 12/8/87 -2- 836-1 Mayor Boggs opened the Hearing on Appeal to Plot Plan No. 428, 12516 Dolan Avenue. It was noted that this is not a Public Hearing, but a hearing for input from the applicant and appellant. Council Member Paul abstained from this hearing due to a possible conflict of interest. It should be noted that Council Member Paul left his seat during this entire hearing. It was also noted that although publication was not required, notices were sent to residents that reside along Dolan Avenue. Community Development Director Cutts presented the staff report summarized in Agenda Memo dated December 8, 1987, entitled "Plot Plan No. 428 - 12516 Dolan Avenue, A Private Street", and recommended affirming the decision of the Planning Commission approving Plot Plan No. 428 with conditions. A telephone call from Mr. John Hendrickson, 12507 Dolan Avenue (voting no) was referenced. Applicant: Ms. Lisa Kelly, 11102 Woodruff Ave., asked Council to uphold the decision of the Planning Commission and deny this appeal. She stated that the project does satisfy the R1-5000 area and that the property which is extremely run-down will be rehabilitated. Appellant: Mr. Jim Karsjens, 12521 Dolan Ave., expressed concern regarding probable rental of the added unit (this is prohibited by the Property Owner Association Covenants, Conditions and Restrictions), the assumption that the property was purchased as an investment, and any opposition to any 'flag lot' which would be created. He requested a moratorium on any future plot plans on Dolan Avenue until this can all be worked out. Mayor Boggs called for those in the audience who wished to speak in opposition to the project. Ms. Margaret Larson, 12530 Dolan Ave., expressed concern that Downey is already over -developed and the citizens on Dolan Avenue enjoy the freedom of space and country atmosphere. Mr. John Gonzalez, 12350 Orizaba Ave., stated this property should be kept residential. Ms. Roberta Garo, 12558 Dolan Ave., stated that although some have a guest home, that is different than a rental unit. Mr. Stanley Wantuch, 6377 Florence, Bell Gardens, stated overcrowding is inviting problems to Downey. Mr. George Slobodnick, 12536 Dolan Ave., inquired as to when property changed from single -residence to R1-5000. Ms. Rozella Farnsworth, 12550 Dolan Ave., stated that commercial building would lend to construction equipment on the street the other property owners are required to keep up. Mayor Boggs called for a rebuttal from the Applicant. There was none at this time. Mayor Boggs called for anyone else in the audience who wished to address this matter. There were none. It was moved by Council Member Santangelo, seconded by Council Member Barb, and carried 4-0 (Council Member Paul abstaining) that the hearing be closed. Council discussed the Covenants, Conditions and Restrictions, and the fact that the City has no jurisdiction over these but only over zoning, also discussed was the possibility of rezoning Dolan Avenue to R1-10,000 or higher to encourage the preservation of as many R-1 residential areas as possible. Setbacks were clarified. Council Minutes 12/8/87 -3- NMI RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND REAFFIRMING THE PLANNING COMMISSION ACTION IN GRANTING PLOT PLAN NO. 428 The Resolution was read by title only. It was moved by Council Member Barb, seconded by Mayor Boggs (for purposes of discussion) and failed 1-3 (Council Member Barb voting yes and Council Member Paul abstaining) to waive further reading and to adopt. A Resolution denying the Plot Plan and upholding the Appeal will be submitted at the meeting of January 12, 1988. The Hearing on the Appeal to Revocation of Permit to Operate Massage Establishment at 7641 Firestone Boulevard was moved to the end of the Agenda. The meeting recessed at 9:45 p.m, and reconvened at 10:00 p.m. with all Council Members present. ORAL COMMUNICATIONS AND COMMUNICATIONS FROM CITY COUNCIL - Items not on Agenda (Council Communications were brought forward from the end of the Agenda. See further Council comments below.) Cn. Cormack stated concern regarding problems with traffic when the railroad trains block intersections for an extremely long period of time. He recommended contacting the railroad to alert them to the problem in Downey and suggested possibly a 2:00 a.m. to 6:00 a.m. time period for unloading of freight. Co. Barb read from a prepared statement relative to Redevelopment Amendment No. 3 lawsuit as it relates to Council Member Santangelo. He asked that the next Agenda include Council consideration of legal expenses on behalf of Council Member Santangelo and a request for Council Member Santangelo's resignation from the City Council. Council Member Santangelo requested a verbatim transcript of the foregoing - statement. During Council Member Barb's statement, Mayor Boggs had Mr. John Gonzalez escorted from the audience by Officer McCulloch due to disrupting the meeting. Mr. Stanley Wantuch, 6377 Florence Ave., Bell Gardens, felt there was too much time spent on Agenda items. Mr. Joel Lubin, 7820 Allengrove St. (placed here for continuity of Agenda matter), stated opposition to the School District Bond Issue decision. CONSENT CALENDAR Agenda Item VI-E-3, Annual Report of Financial Transactions for the Community Development Commission, was removed at the request of Council Member Santangelo. Minutes: Adjourned Regular Meeting, November 17, 1987; Adjournec Regular Meeting, November 24, 1987; Regular Meeting, November 24, 1987; and Adjourned Regular Meeting, December 1, 1987: Approve. Cash Contract No. S.S. 413 - Part I - Miscellaneous Repairs (Account Nos. 26-16413 and 26-16414); Part II - Gallatin Road (Account Nos. 25-13030); and part III - Old River School Road (Account Nos. 52-17536): Appropriate $20,000 from the unappropriated Golf Fund balance for use on Part III of project under Account No. 52-17526, approve Plans and Specifications, and grant authority to advertise for bids: Approve. Cash Contract No. 541 (Phase II) - Water Mains: Century Freeway Corridor; Bellflower Boulevard to Downey Avenue; and Extra Work: Approve exra work in the amount of $53,732. General Warrrants #35390 - 35400; #33591 - 35831; and #35835 - 35987, SI,828,003.51: Approve. Council Minutes 12/8/87 -4- 1986-87 Financial Report: Receive and file. Temporary Crossing Guards: Appropriation of $13,200 for crossing guard services at the intersections of: (1) Barlin Avenue and Adoree Street, and (2) Brookshire Avenue and Devenir Avenue: Approve. RESOLUTION NO. 4953 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING AUTHORIZED REPRESENTATIVES FOR EARTHQUAKE DAMAGE REIMBURSEMENT BY FEMA RESOLUTION NO. 4954 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING SERVICE AUTHORITY FOR FREEWAY EMERGENCIES It was moved by Council Member Paul, seconded by Council Member Cormack, and carried by the following vote to approve the remainder of the Consent Calendar as recommended: AYES: 5 Council Members ORDINANCES: None (see Hearings) Barb, Cormack, Santangelo, Paul, Boggs RESOLUTIONS: None (see Hearings and Consent Calendar) ADMINISTRATIVE REPORTS: None ITEMS REMOVED FROM CONSENT CALENDAR Annual Report of Financial Transactions for the Community Development Commission Council Member Santangelo clarified with City Attorney Newton that he could vote on this Agenda item. It was moved by Council Member Paul, seconded by Council Member Barb, and unanimously carried to approve as recommended. OTHER BUSINESS AND ITEMS FOR FUTURE AGENDAS (See Council items under Oral Communications) Staff Members: 1. City Manager Davis stated that staff is working on alternative funding for water improvements and that Council may want to establish a subcommittee from members of the Council to sit with staff. Mayor Boggs and Council Member Barb indicated interest (see January 12, 1988 Agenda). 2. City Manager Davis asked for an Employee Evaluation Meeting to be scheduled January 19, 1988 at 4:00 p.m. (the meeting of January 12, 1988 will be adjourned to this date). Council Members: Mayor Boggs: 1. Recognized the benefits of the Toy Loan Program and also mentioned graffiti at Birchdale Avenue and Meadow Road. Council Member Cormack: 1. Asked the legality of eradication of graffiti by the City on private property (benches) if the owners do not comply within 24 hours. Council Member Paul: 1. Asked that he, along with Council Member Cormack, be on a subcommittee for water quality (will be on Agenda of January 12, 1988). Council Minutes 12/8/87 -5- Mayor Boggs opened a Proceeding in the Nature of a Hearing to Determine whether the Permit of Ho Soon Kim to Operate a Massage Business Should be Revoked. At this time an unidentified speaker approached the podium and asked to address the Council. Mayor Boggs advised the speaker it was normal procedure for the Police Chief to present the case first. Council agreed to follow the normal procedure. The speaker, who was later identified as Mr. Robert Davis, Appellant's attorney, then asked for a continuance of this matter. Police Chief Stone with Council concurrence opposed a continuance. Police Chief Stone presented the case along with an Agenda Memo dated December 8, 1987 with the recommendation: Pursuant to 6408 of the Downey Municipal Code it is recommended that the City Council revoke the massage permit issued to Ho Soon Kim to operate her massage business, Oriental Acupressure, located at 7641 Firestone Boulevard. Mr. Robert Davis, Attorney, 23501 Park Sorrento, Calabasas, California, addressed the Council on behalf of the Appellant. He asked for a vote not to revoke the permit, stating the need for credible and admissible evidence. Police Officer Phil Rego, officer writing the report on the case, was in attendance and responded to inquiry by the Council through the City Attorney. He stated that the police report accurately reports the facts of the arrest. Appellant's attorney, Mr. Robert Davis, asked that he be allowed to cross- examine the police officer's testimony and was granted time to do this. Mr. Davis continued this cross-examination with detailed questions of actions that took place the day of the arrest. Officer Rego responded to each question. Mr. Davis asked if the Appellant (Respondent) might answer questions. Mayor Boggs asked him to continue. The Appellant, Ms. Ho Soon Kim, approached the microphone for questioning, accompanied by a Korean interpretor, Ms. Pipschneider. Council, at this time, contended that the Appellant does speak English. There was difficulty in hearing the Korean translator and the Appellant's answers. After lengthy questioning, Mayor Boggs asked if Mr. Davis was making the point that the Respondent/Appellant is denying all charges in the police report. He answered in the affirmative. Mr. Davis then summarized. Mr. Lysle Broadwater, 7621 Second Street, approached the Council stating that he had called the Police on this matter. Chief Stone advised Council that this is the first time he has seen Mr. Broadwater and had not asked him to attend this hearing. It was moved by Council Member Cormack, seconded by Council Member Barb, and unanimously carried to close the Hearing. Council Member Santangelo stated for the record his reasons for voting no on the following Resolution. City Attorney Newton advised Council that they are not required to make findings of prostitution, only that the activity for which the applicant was arrested endangers the public welfare, peace, health, and safety of the City and its inhabitants. RESOLUTION NO. 4952 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY UPHOLDING THE REVOCATION OF A MASSAGE PERMIT The Resolution was read by title only. It was moved by Council Member Barb, seconded by Council Member Cormack, and carried 4-1 (Council Member Santangelo voting no) to waive further reading and to adopt. Council Minutes 12/8/87 -6- ADJOURNMENT The meeting was adjourned at 11:48 p.m. Jenny oung, C ty Cl rk-Treas er Diane P. Boggs, Mayor W"i Council Minutes 12/8/87 -7-