HomeMy WebLinkAboutMinutes-07-26-88-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
JULY 26, 1988
TABLE OF MINUTE ACTIONS
SUBJECT
Proclamation re Downey Exchange Club honored
as outstanding club of the year
Certificate of Appreciation to Cn. Barbara Hayden
f/past Svcs. on Planning Commission; acknowledged
Certificates of Appreciation to Terry Lambros &
Robert Verderber f/svcs. on Planning Commission
Recognized James Derry for svcs. on Recreation &
Community Services Commission
Certificates of Appointment to Dianne Lumsdaine-
Planning Commission & Johnette Stickel -Recreation
& Community Services Commission
Certificate of Appointment to Roger Lawrence -
Recreation & Community Services Commission
Certificates of Appointment to Robert Roller -
Personnel Advisory Board & William Hunt -Water
Advisory Board
Senate Res. 40 recognizing success of DARE
programs & special Resolution to Officer Jodi
Barb as DARE Officer for the City
Appeal Hrg. CUP #270, 8345 Firestone Bl. (United
College of Business)
Annual Weed Abatement Appeal: Affirm Assessments
Res. #5048, Ltg. Maint. Dist. Annex. 88/06-
Arrington Av.
Michael J. Prokop re Citizen Participation
Banner Program
John Gonzalez re Police Dept. call on him at
Planning Commission Mtg.
Christian Markey III attempted to speak re
Agenda Item IV -A, Appeal Hrg. CUP #270, 8345
Firestone Bl. & was advised it has been con't
Stanley Wantuch re lawsuits in neighboring cities
re banners
Lennie Whittington re duplex at 8044-46 7th St.
& whether Bldg. Permit is void; & inq. re Cn.
Hayden participating re United College of Business
Mtg. recessed 8:30 p.m. & reconvened 8:39 p.m.
Removal of items from Consent Calendar
Minutes: Adj. Reg. Mtg., 7/5; Adj. Reg. Mtg.,
7/12; & Reg. Mtg., 7112
CC #SS-414, Miscellaneous sidewalk repairs -
Citywide
General Warrants #42140-42510, $1,489,282.00
Page 1 of 2
ACTION PAGE NO.
1
1
1
1
1
1
Con't to 8/23 2
Approved 2
Adopted 2
3
3
3
3
3
3
3
Approved 3
Approved 3
Approved 3
COUNCIL MINUTES, JULY 26, 1988
TABLE OF MINUTE ACTIONS (CONINUED)
SUBJECT
ACTION
PAGE NO.
Res. #5049, Approving Appointment of Joyce L.
Lawrence to Planning Commission
Adopted
3
Agreement & General Release-Weatherite Service
Corporation
Con't to 8/9
4
Street Sweeping -Parking Enforcement
Prepare Ord. &
Program
Permit Policy
4
Consider City Options re: Establishment Serving
Alcoholic Beverages-11500 S. Paramount Bl.
Letter to ABC
5
CC #SS-384 & 391, Traffic Signal Modifications -
Florence Av., Imperial Av. & Fifth St.
Approved
6
Transportation Zone Steering Committee
Con't to 8/9
6
Cn. Barb re L.A. Times article on selling &
buying aircraft -asked for Agenda Item re same
6
Cn. Barb re City Manager's discretion limits on
purchases
6
Cn. Boggs asked f/investigation of unsightly areas
located alley N/o Stewart & Gray Rd. & W/o
Lakewood Bl. & N/E corner of Alameda St. & Downey Av. 6
Cn. Hayden re enforcement of newsrack Ordinance 6
Mayor Cormack re status of "no smoking" Ordinance 6
Mayor Cormack re status of modification of Ordinance
re wet sandblasting 6
Cn. Paul asked that Capital Improvement Budget be
discussed at Council Mtg. on 8/23/88 7
Mtg. recessed 10:18 p.m. (see Adj. Reg. Mtg. Minutes
of 7/26/88 re closed session) & reconvened 12:15 a.m.,
July 27, 1988 7
Mtg. adjourned to 6:30 p.m., August 9, 1988 7
Page 2 of 2
8494
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
JULY 26, 1988
The City Council of the City of Downey held a regular meeting at 7:47 p.m.,
July 26, 1988, in the Council Chamber of the Downey City Hall, Mayor Robert G.
Cormack presiding.
PRESENT: Council Members:
Robert G.Cormack Mayor
Randall R. Barb Mayor Pro Tem
Roy L. Paul
Barbara J. Hayden
Diane P. Boggs
ALSO PRESENT: Don Davis, City Manager
Peter Thorson, City Attorney
Jenny Young, City Clerk -Treasurer
Ronald Irwin, Fire Chief
James R. Jarrett, Director of Community Services
Lee Powell, Director of Administrative Services
William A. Ralph, Director of Public Works
Pete Stone, Police Chief
Sylvia Garcia, Communications Specialist
Jim McCulloch, Motor Officer
Mark Sellheim, Principal Planner
Mary Martineau -Smith, Associate Planner
Ed Velasco, Housing Manager
Jake Wager, Redevelopment Manager
Ronald Yoshiki, City Planner
Scot Yotsuya, Assistant to the City Manager
Joyce Baker, Executive Secretary
PRESENTATIONS
Mayor Cormack presented to Dianna Sheets, First Lady of the Exchange Club
of Downey, a Proclamation congratulating the Downey Exchange Club on being
honored as the outstanding club of the year.
Mayor Cormack presented a Certificate of Appreciation to Council Member
Barbara Hayden for her past services as a member of the Planning Commission.
The Mayor also acknowledged Certificates of Appreciation to Terry Lambros and
Robert Verderber (not present to accept) in recognition of their services to the
Planning Commission.
Mayor Cormack recognized James Derry for his services on the Recreation and
Community Services Commission.
Council Member Hayden presented Certificates of Appointment to Dianne
Lumsdaine on her appointment to the Planning Commission and Johnette Stickel on
her appointment to the Recreation and Community Services Commission.
Council Member Boggs presented a Certificate of Appointment to Roger
Lawrence for his reappointment to the Recreation and Community Services
Commission.
Mayor Cormack presented Certificates of Appointment to Robert Roller on his
reappointment to the Personnel Advisory Board and William Hunt on his
reappointment to the Water Advisory Board.
John Standiford, Legislative Assistant to Senator Cecil Green, Thirty -Third
Senatorial District, presented a framed copy of Senate Resolution 40,
recognizing the success of DARE programs, to the Downey Police Department and
the City Council for their support of this program. Police Chief Stone accepted
the presentation. Mr. Standiford then presented a special framed Senate
Resolution, prepared by Senator Green for Officer Jodi Barb, commending her
efforts as the DARE Officer for the City of Downey.
Council Minutes 7/26/88 -1-
HEARINGS
Mayor Cormack OPENED THE PUBLIC HEARING ON APPEAL TO CONDITIONAL USE PERMIT
NO. 270, 8345 FIRESTONE BOULEVARD (UNITED COLLEGE OF BUSINESS), WHICH WAS
CONTINUED FROM THE MEETING OF JULY 12, 1988.
City Clerk Young affirmed the Proof of Publication. It was moved by
Council Member Barb and, hearing no objections, it was so ordered to receive and
file the Proof of Publication.
City Clerk Young advised of correspondence received from the United College
of Business and also twenty-eight additional letters which were made a part of
the Council packet and are on file in the City Clerk's Office. It was moved by
Council Member Paul and, hearing no objections, it was so ordered to receive and
file the correspondence.
City Planner Yoshiki stated that substantive new information has been
submitted by the United College of Business which refers to a recorded easement
for parking. He recommended continuance of this Hearing so that staff can study
the effect this information will have on the recommendation to deny this
Conditional Use Permit. Mr. Yoshiki added that parking was a great concern when
the permit was denied at the Planning Commission level.
Mayor Cormack stated that the applicant has requested that out-of-town
persons be allowed to speak tonight. The applicant later clarified that they
would request that all persons wishing to speak tonight be allowed to do so.
It was moved by Counci 1 Member Barb, seconded by Counci 1 Member Paul , and
unanimously carried that the entire Hearing be continued to August 23, 1988, due
to new information submitted by United College of Business and to provide
continuity to the Public Hearing.
Mayor Cormack OPENED THE PUBLIC HEARING ON LOT CLEANING ASSESSMENTS.
City Clerk Young affirmed the Proof of Publication. Hearing no objections,
it was so ordered to receive and file the Proof of Publication.
City Clerk Young stated there were no written protests or objections
received.
Mayor Cormack called for those in the audience who wished to speak in favor
of or in protest to the Lot Cleaning Assessments. No one came forward.
It was moved by Council Member Boggs, seconded by Council Member Hayden,
and unanimously carried to close the Public Hearing.
It was moved by Council Member Boggs, seconded by Council Member Barb, and
unanimously carried to affirm the assessments on properties that have been
cleaned by the City during the fiscal year 1987-88.
Mayor Cormack OPENED THE PUBLIC HEARING OF PROTESTS ON LIGHTING MAINTENANCE
DISTRICT A.D. 121, ANNEXATION 88/06 - ARRINGTON AVENUE FROM GALLATIN ROAD TO 925
FEET NORTHERLY.
City Clerk Young affirmed the Affidavit of Posting of Notice and Proof of
Publication. Hearing no objections, it was so ordered to receive and file.
City Clerk Young stated there were no written protests or objections
received.
Mayor Cormack called for those in the audience who wished to speak in favor
of or in protest to the Annexation No one came forward
It was moved by Council Member Boggs, seconded by Council Member Hayden,
and unanimously carried to close the Public Hearing.
RESOLUTION NO. 5048
A RESOLUTION OF THE CITY OF DOWNEY ORDERING ANNEXATION OF
A CERTAIN AREA INTO LIGHTING MAINTENANCE DISTRICT A.D. 121 AND
TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING -
FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THOSE AREAS
(ANNEXATION 88/06-ARRINGTON AVENUE FROM GALLATIN ROAD TO 925 FEET NORTHERLY)
Council Minutes 7/26/88 -2-
The Resolution was read by title only. It was moved by Council Member
Boggs, seconded by Council Member Barb, and unanimously carried to waive further
reading and to adopt.
ORAL COMMUNICATIONS - Items not on Agenda
Mr. Michael J. Prokop, representing Downey Holiday Lane Parade Committee,
10444 Julius Ave., spoke regarding citizen participation banner program to help
raise funds for the annual Christmas Parade. He indicated the banners would be
purchased by residents whose name or names would appear on the banner with an
appropriate Holiday message. Mr. Prokop further said the banners would be hung
on designated light posts in the City. Council asked that this item be put on
the August 9, 1988 Agenda.
Mr. John Gonzalez, 12350 Orizaba Ave., commented on Police Department call
on him at the last Planning Commission Meeting.
Christian Markey III, attorney, Hill, Winn, Troop & Bieshinger,
representing United College of Business, 10920 Wilshire Blvd., Los Angeles,
attempted to speak regarding Agenda Item IV -A, Appeal Hearing on CUP 1270,
United College of Business, 8345 Firestone Boulevard. He was advised this
matter has been continued to the Council Meeting of August 23, 1988.
Mr. Stanley Wantuch, 6377 Florence, Ave., Bell Gardens, referenced lawsuits
in neighboring cities regarding banners.
Mr. Lennie Whittington, 8542 Manatee St., spoke regarding a duplex at 8044-
46 7th Street and whether building permit is void due to lack of progress; and
also asked about Council Member Hayden participating in matter regarding United
College of Business.
The meeting recessed at 8:30 p.m. and reconvened at 8:39 p.m. with all
Council Members present.
CONSENT CALENDAR
Agenda Item VI-C-2, Cash Contract Nos. S.S. 384 and 391, Traffic Signal
Modifications - Florence Avenue, Imperial Avenue and Fifth Street, was removed
at the request of Council Member Boggs.
Agenda Item VI-F-2, Transportation Zone Steering Committee, was removed at
the request of Council Member Barb.
MINUTES: Reorganization Meeting, July 5, 1988; Adjourned Regular
Meeting, July 12, 1988; and Regular Meeting, July 12, 1988: Approve.
CASH CONTRACT NO. S.S. 414 - MISCELLANEOUS SIDEWALK REPAIRS, CITYWIDE
(ACCOUNT NO. 26-16414) - INCREASE IN CONTRACT: Authorize the use of
$17,000 from the 1988-89 Capital Improvement Budget to add 80 additional
sidewalk repair locations and approve an additional 20 working days for
additional construction: Approve.
GENERAL WARRANTS 142140 - 42510, $1,489,282.00: Approve.
RESOLUTION NO. 5049 (ADOPTED)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF JOYCE L. LAWRENCE
TO THE PLANNING COMMISSION FOR COUNCILMANIC DISTRICT ONE
It a moved by Council Member Barb, seconded by Council Member Boggs, and
carried by the following vote to waive full reading of Resolution and to approve
the remainder of the Consent Calendar as recommended:
AYES: 5 Council Members: Paul, Barb, Boggs, Hayden, Cormack
ORDINANCES: None
RESOLUTIONS: None (See Hearings and Consent Calendar)
Council Minutes 7/26/88 -3-
ADMINISTRATIVE REPORTS
AGREEMENT AND GENERAL RELEASE - WEATHERITE SERVICE COPRORATION
Public Works Director Ralph submitted an Agenda Memo dated July 26, 1988,
entitled "Weatherite Service Corporation Overpayment for Materials", with
attached Settlement Agreement and General Release.
Recommendation: To accept a check in the amount of $15,180.00 from the
Weatherite Service Corporation; direct staff to modify the Agreement in the
amount recommended of $15,180.00; authorize the Mayor to sign the Agreement as
modified; and direct staff to rewrite the contract for the heating and air
conditioning maintenance for the Civic Center for the specific purpose of
rebidding the contract.
Mr. Richard Henderson, 9901 Paramount Blvd., stated that he had just
received a memorandum dated June 20, 1988, from the Public Works Director to the
City Manager, and asked for a continuance of this matter for two weeks. He
added for the record that his father Robert Henderson would not be bidding on
either an individual or corporate capacity for any further City jobs.
Mr. Robert Henderson, 7819 Via Amorita, requested a continuance of this
matter.
It was moved by Council Member Paul, seconded by Council Member Barb, and
unanimously carried to continue this matter to the City Council Meeting of
August 9, 1988.
STREET SWEEPING PARKING ENFORCEMENT PROGRAM
Public Works Director Ralph submitted a report dated July 26, 1988,
entitled "Street Sweeping Parking Enforcement Program." The report recommended
an Ordinance, a policy governing the issuance of parking permits, and funding
for personnel to do enforcement. Mr. Ralph held up examples of the size and
material for the signs.
Mr. Ralph clarified that approximately 3,000 signs will be needed Citywide
and that there are approximately 2,000 existing posts. He also held up an
example of the material that would be used for the signposts, where necessary.
Council Member Hayden disagreed with the Citywide posting and suggested
that residents continue to petition for posting of their streets.
Council Member Barb questioned the enforcement personnel being approved in
the Public Works' budget indicating that the Police Department should be the
enforcement agency.
Council discussed the durability of the sign material and the ability to
remove graffiti from the signs.
Mr. Ralph and Police Chief Stone will submit a joint staff report to
Council relative to personnel and enforcement of this program.
Mr. Lennie Whittington, 8542 Manatee St., submitted a letter dated July 26,
1988, over the signature of Kenton E. Krogstad, which suggests added wording for
the proposed signs. He added on his own behalf that he was against the fines
and asked about any intent to give this street sweeping to Dixon Company.
Mr. Matt Garlucci, 9321 Brookpark Rd., asked about the response to the
Water Bill Survey regarding street sweeping. He objected to posting Citywide.
Council responded that 65 percent of the 25 percent of the residents who
responded were in favor of posting Citywide. It was pointed out that a 25 _
percent response is very good in any survey.
Mr. Wallace Hunt, 10933 Cord Ave., said he is in favor of posting and felt
that having the residents exercise the option of petitioning does not work out.
Mr. George Kobashiki, 7716 Sairnsdale St., said he was against Citywide
posting. He felt that young families with more cars will be penalized.
Council Minutes 7/26/88 -4-
Mr. Stanley Hantuch, 6377 Florence Ave., Bell Gardens, stated that he feels
posting is not for cleaner streets but to raise funds.
Council Member Paul rebutted the above statement stating the importance of
the program for the health and welfare of the community.
Council Member Boggs confirmed that enforcement would be on a pass -by of
the street sweeper basis.
It was moved by Council Member Barb, seconded by Council Member Boggs, and
carried 4-1 (Council Member Hayden voting no) to direct preparation of an
Ordinance approving the Street Sweeping Program and also preparation of a policy
governing the issuance of parking permits.
CONSIDER CITY OPTIONS RE: ESTABLISHMENT SERVING ALCOHOLIC BEVERAGE,
LOCATION: 11500 SOUTH PARAMOUNT BOULEVARD
City Planner Yoshiki submitted a report dated July 26, 1988, entitled
"Mississippi Moonshine Music Company."
The report indicated that even though the property's M-1 zone prohibits
cocktail lounges, a lounge can continue to operate there as long as Alcoholic
Beverage Control approved the new owner's application to transfer a liquor
license (Downey Municipal Code 9154). Citizen protests were indicated.
Council directed the City staff and Business License Department that in the
future when an applicant comes in to buy a business license, they should be
notified that, when applicable, the business is operating under a "nonconforming
use" (pursuant to Downey Municipal Code Section 9154) and that when the
amortization periods runs out, it will be necessary for the applicant to come to
before the Planning Commission and request an extension of time or an extension
of the nonconforming status in order for them to continue operating the
business.
Mr. Henry Siancio, new property owner at 11500 Paramount Blvd., stated his
intentions as a businessman and asked for Council support in his request for a
license from Alcoholic Beverage Control. He did not feel he should be punished
because of how the previous owner operated the business.
Mrs. Myrtle Risley, 7938 Phlox St., said she appreciates the money Mr.
McGee has committed, but feels he can't control those people using his
establishment. She later mentioned no parking in the manufacturing district at
night.
Mr. Jimmy McGee, 11530 Paramount Blvd., part-owner of the property at 11500
Paramount Blvd., stated his intentions to place security in and out of his place
of business and shared his excellent record while doing business in Huntington
Beach. He said he has neighborhood support.
Mr. Charles Beatty, 11530 Paramount Blvd., said that Mr. Jimmy McGee is his
tenant and has improved unsightly conditions in the area by his personal effort
to cleanup.
Mr. Dominick DiMario, 8020 Phlox St., stated that Mr. McGee is not an
absentee owner and recognized the investment he had in the subject property.
Mr. Dennis Patterson, manager of a nightclub that Mr. McGee used to own,
Huntington Beach, complimented Mr. McGee on management policies which are still
being used at the Huntington Beach lounge.
Mr. Mickey Lyon, 11970 Old :ivcr School Rd., stated that he worked for
Mississippi Moonshine Music Company and that Mr. McGee is a completely different
type of owner.
Mr. Robert Thomas, former employee of Mississippi Moonshine Music Company,
said when Mr. McGee took over he was instructed to survey the parking lot once
every hour to discourage any problems.
There being no objections, Mayor Cormack asked that a letter be directed to
Alcoholic Beverage Control advising them of concerns and comments by neighbors
and staff comments relative to the nonconforming use.
Council Minutes 7/26/88 -5-
ITEMS REMOVED FROM CONSENT CALENDAR
CASH CONTRACT NOS. S.S. 384 AND 391, TRAFFIC SIGNAL MODIFICATIONS-FLORENCE
AVENUE, IMPERIAL AVENUE AND FIFTH STREET
Council Member Boggs questioned the two change orders involved in this
contract which increased the construction contract price from the original bid
price.
Public Works Director Ralph replied that replacement conduits had to be
installed; and the installation of pedestrian push buttons were added that had
been left off the original plans.
It was moved by Council Member Boggs, seconded by Council Member Paul, and _
unanimously carried to approve Change Orders 1 and 2; accept the improvements;
accept maintenance responsibility for the improvements constructed; and
appropriate additional funds in the amount of $15,000 from unappropriated Gas
Tax balances to Account No. 26-16391 for use on this project.
TRANSPORTATION ZONE STEERING COMMITTEE
Council Member Barb requested that the ramifications of this item be
explained.
Hearing no objections, this matter was continued to the City Council
Meeting of August 9, 1988.
OTHER BUSINESS AND ITEMS FOR FUTURE AGENDAS
Staff Members: None
City Council:
Council Member Barb:
1. Spoke re L. A. times article on selling and buying aircraft
equipment. Council Member Barb asked for Agenda item regarding this
with comparisons and options, etc.
2. Inquired regarding City Manager's discretion limits on purchases; that
if budgeted item is approved and a Department's needs change, whether
approval of funds for the new purchase should be approved by Council.
Council Member Boggs:
1. Asked for investigation of unsightly areas located on alley north of
Stewart & Gray Road and west of Lakewood Boulevard, and the northeast
corner of Alameda Street and Downey Avenue (used car lot and
neighborhood shopping center).
Council Member Hayden:
1. Mentioned contact with Reverend Joe Granna, First Christian Church,
regarding enforcement of City newsrack Ordinance.
Staff responded that material had been collected from the newsracks and
presented to the District Attorney with the response that it did not
meet State criteria as pornographic. Letters have been written to
Legislators asking them to change the law. No response to date.
Mayor Cormack:
1. Inquired regarding the status of "no smoking" Ordinance. He was
informed that meetings with the Chamber and a survey are the next order
of business.
2. Asked about status of modification of the Ordinance regarding wet
sandblasting. He was advised the Building Department is working on
Ordinance.
Council Minutes 7/26/88 -6-
. ,kE�5OO
Council Member Paul:
1. Asked that the Capital Improvement Budget be discussed at the Council
Meeting on August 23, 1988.
The meeting recessed at 10:18 p.m. (see Adjourned Regular Meeting Minutes
of July 26, 1988 regarding closed session) and reconvened at 12:15 a.m., July
27, 1988, with all Council Members present.
ADJOURNMENT: 12:15 a.m., July 27, 1988
The meeting was adjourned to 6:30 p.m., August 9, 1988, in the Council
Chamber of the Downey City Hall.
Jenoung, Ctiy"Cle�easurer
bJ r 1
Council Minutes 7/26/88 -7-