HomeMy WebLinkAboutMinutes-08-24-88-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
AUGUST 23, 1988
TABLE OF MINUTE ACTIONS
SUBJECT
Proclamation re Sept. 16 as National POW/MIA
Recognition Day
Proclamation re Sept. 8 as Literacy Day
Certificates of Appointment to Betty Kilpatrick
-Personnel Advisory Bd. & Hattie Jo Miller -
Library Advisory Bd.
Acknowledged Certificate of Appreciation to
Francine Biller -Library Advisory Bd.
Joint Public Hrg. w/Comm. Dev. Comm. re DDA with
Mike Reade Oldsmobile, 7440-7526 Firestone B.
Appeal, CUP #270, 8345 Firestone B1. (United
College of Business), con't from 7/12 & 7/26
Mtg. recessed 11:10 p.m. & reconvened 11:16 p.m.
Ellie Harrington, Exec. Chairman of Women's
Committee of Downey Symphony, addressed concerns
re use of Downey Theatre for their events
John Gonzalez re req f/Council business cards &
mentioned his hearing re restraining order
Eldon Clark asked that con't of Street Sweeping
Agenda items not be placed on same Agenda as UCB
Hrg.
Removal of Items from Consent Calendar
CC #546-Wilderness Park Security Lighting System
General Warrants #42953-43227 & #43233-43453,
$1,724,577.37
Appeal, Z.V #583-Substandard Sized Parcel Zoned
R1-5000, S/of 12830 Dunrobin Av.
Res. #5054, Ltg. Dist. Annex 88/07-Rives Av.-
Ordering Eng's Rpt
Res. #5055, Ltg. Dist. Annex 88/07, Rives Av.-
Approving Eng's Rpt
Res. #5056, Ltg. Dist. Annex 88/07, Rives Av.
Res. #5060, Century Bl., Lakewood Bl. to
Rosecrans Av.-Parking Restriction
Res. #5061, Appointment of Frances C. Benson -
Library Advisory Bd.
Res. #5062, Establishing Compensation Payable to
Classification within Exec. Management Svc.
Ord. #870, Termination of Water Svcs. f/Non-
Payment of Water Bill
Citywide Street Sweeping Parking Restrictions -
Proposed Ordinance
Page 1 of 2
ACTION
Cancelled
Con't to 9/13
Approved
Approved
Sets Hrg. 9/13
Adopted
Adopted
PAGE NO.
1
1
1
1
1
7
7
7
7
7
8
8
8
8
8
8
Adopted; Sets Hrg. 9/27 8
Adopted 9
Adopted 9
Adopted 9
Adopted 9
Con't to 9/23 9
COUNCIL MINUTES, AUGUST 23, 1988
TABLE OF MINUTE ACTIONS (Continued)
SUBJECT
ACTION
PAGE NO.
Proposed Policy f/Issuance of Permits f/On-Street
Parking
Con't to
9/13
9
Citywide Street Sweeping: Proposed Resolution
Establishing Permit Parking
Con't to
9/13
9
Enforcement of Street Sweeping Pkg. Restrictions
Con't to
9/13
9
Capital Improvement Budget FY 1988-89
Con't to
9/13
9
Adjustment of Compensation to Design Review Bd.
Members & Increase Design Review Appl. Fee
Con't to
9/13
9
Adjourned Regular Meeting Minutes, 8/9/88
Approved
9
Minutes of the City Council Meeting, 8/9/88
Approved
10
Assessment Dist. #93-P, Meldar Av., et al
Approved
10
Appeal on Tentative Tract Map 46583, 9001
Withdrawn;
Refund
Paramount B1.
Approved
10
Consulting Agreement -So. City Feeder Water
Approved
w/
Transmission Main
Amendment
10
Res. #5057, Ltg. Dist. Annex 88/08, Puritan St. -
Ordering Eng's Rpt
Adopted
11
Res. #5058, Ltg. Dist. Annex 88/08, Puritan St.-
Apprg. Eng's Rpt
Adopted
11
Res. #5059, Ltg. Dist. Annex 88/08, Puritan St.
Adopted;
Sets Hrg.
9/27
11
Neo St. & Ryerson Av.-Overnight Pkg. Restriction
Con't to
9/13
11
City Mgr. Davis advised County Mosquito Abatement
Research Test had been cancelled
11
Appointment of Cn. Hayden as Rep. & Mayor Cormack
as Alt. to League of California Cities
Approved
11
Cn. Paul advised recent invoice from Attorney Leo
Newton (Santangelo case) placed in arbitration
process w/others
11
Cn. Hayden re City Attorney update & advise
Council of procedures f/public participation at
public meetings
11
Mtg. Adj. in Memory of Maria D'Amore, wife of
Public Works Inspectors Nick D'Amore; To: 6:30
p.m., September 13, 1988
12
Page 2 of 2
85i0
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
AUGUST 23, 1988
The City Council of the City of Downey held a regular meeting at 7:30 p.m.,
August 23, 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
Carl K. Newton, Acting 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
Chris Birch, Director of Personnel
Victoria Jenkins, City Librarian
William Makshanoff, Building Official
William McCulloch, Motor Officer
Richard Redmayne, City Engineer
Mark Sellheim, Principle 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 read in full a Proclamation declaring September 16, 1988, as
National POW/MIA Recognition day. There was no one present to accept the
Proclamation.
Mayor Cormack presented to Martha Reynolds, Tutor, Literacy Program. and the
Downey Representative to the Metropolitan Cooperative Library System Advisory
Board, a Proclamation declaring September 8, 1988, as Literacy Day in Downey.
Council Member Boggs presented Certificates of Appointment to Betty
Kilpatrick on her reappointment to the Personnel Advisory Board and Hattie Jo
Miller on her appointment to the Library Advisory Board.
Council Member Hayden acknowledged a Certificate of Appreciation to
Francine M. Biller (not present to accept) for services as a member of the
Library Advisory Board.
HEARINGS
City Manager Davis announced that Agenda Item IV -A, Joint Public Hearing
with the Downey Community Development Commission regarding Disposition and
Development Agreement with Mike Reade Oldsmobile located at 7440 - 7526
-- Firestone Boulevard, was cancelled at the request of staff and the developer.
He commented it was unknown at this time whether the Hearing would be
rescheduled at a later date.
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 JULY 12, 1988 AND JULY 26, 1988. A Conditional Use Permit
application to increase the total enrollment of college from 250 students to 450
students (with a maximum student occupancy of 370).
City Clerk Young affirmed the Proof of Publication. Hearing no objections,
it was so ordered to receive and file the Proof of Publication.
Council Minutes 8/23/88 -1-
Otis
City Planner Yoshiki presented a brief slide presentation which showed the
subject property under Appeal, surrounding properties, businesses, and available
parking.
Mr. Yoshiki summarzied the staff report as set forth in Agenda Memo dated
August 23, 1988, entitled "Staff Report Addendum - CUP #270 - 8345 Firestone
Boulevard, United College of Business, Zoned C-3." He specified the request
from United College of Business is to increase the enrollment by 200 students
and asserted the issue of insufficient parking in the area. Mr. Yoshiki pointed
out pursuant to the Downey Municipal Code that 111 parking spaces are required
for a 450 student -type college facility. He said staff is not questioning the
merits of the college, but questioning land use, and making the necessary
findings to support the request. Mr. Yoshiki related that in staff's review of
the matter, these findings were not present.
City Planner Yoshiki referred to subsequent information submitted to staff
at the July 26, 1988 Council Meeting, entailing approximately 50 pages of
documents, which included letters from various individuals indicating the merit
of the school; and also recorded documents related to parking easements that
were given to the Shepherd Building for use by the college. He advised the
easements were of a non-exclusive nature, meaning the parking areas available
were not solely for student use, and could be terminated within 120 days to 180
days respectively upon written notice. Mr. Yoshiki stated this new information
has not altered the issues of parking that originally went before the Planning
Commission, and it is still staff's opinion that the four findings necessary
pursuant to the Downey Municipal Code for the granting of a Conditional Use
Permit have not been made.
Council Member Barb requested that the slide showing the parking as
structured around the different facilities be left on the screen for viewing
during the proceedings.
Council Member Barb clarified with Mr. Yoshiki that the 76 parking spaces
in the southerly portion of the slide were included in the original Disposition
and Development Agreement (DDA) with the Shepherd property. He also specified
that the upper 76 spaces are the subject of a temporary easement for non-
exclusive rights. Council Member Barb referred to parts of the original DDA
regarding: 1) Parking spaces will be held open for use by the general public
for ten years, following the signing of the DDA and; 2) Ingress and egress
across that property. He also referred to previous testimony by Mr. Salyer at a
Hearing in August 20, 1986, stating that even the lower 76 spaces were not
exclusive for the Shepherd development, but part of the Civic Center.
City Clerk Young confirmed correspondence had been received from Lucky
Stores dated August 12, 1988; Embassy Escrow dated August 19, 1988; Weston
Pringle & Associates dated August 22, 1988; and United College of Business dated
August 9, 1988. Hearing no objections, it was so ordered to receive and file
the correspondence. The correspondence was circulated to Council for their
information and made part of the public record.
Council Member Hayden clarified with Acting City Attorney Newton there is
no conflict of interest regarding her participation in these proceedings.
Acting City Attorney Newton further stated this determination was made in
connection with Council Member Hayden's prior service on the Planning Commission
and prior service on the Community College Board of Directors.
Mayor Cormack asked the Applicant to come forward and present his case. He
then called for Proponents to the Appeal.
Mr. Alan D. Mentzer, President, United College of Business, 8345 Firestone
Blvd., asked that the above mentioned correspondence received by the City Clerk
be made available to him as soon as possible. He mentioned that United College
of Business (UCB) attempted to increase their enrollment to 500 last year and
were denied (CUP No. 243). Mr. Mentzer asserted he believed they were denied
unjustly and therefore, filed Federal and State litigations. He said in
compromising, UCB has submitted this request for 450 students pursuant to
discussions with staff. He referenced a letter from Virginia Pesola of the City
law firm of Burke, Williams and Sorensen.
Mr. Mentzer discussed the following issues: Parking, traffic, and effect
on local area by the college. He challenged statements from the City staff
reports dated July 12, 1988, and August 23, 1988. Mr. Mentzer further
Council Minutes 8/23/88 -2-
discussed: Traffic study by UCB performed by Weston Pringle & Associates which
specified increased enrollment by UCB would not cause any traffic or pedestrian
problems; approximately thirty documented letters from students and associates
citing the merits of the college; opposed Council action at the July 26, 1988
Council Meeting, in which the meeting was continued to tonight; challenged
comments in Staff Report Addendum dated August 23, 1988 (he submitted to City
Clerk Young and Council copies of this City staff report and his handwritten
comments marked in yellow); specified there are 150 vacant parking spaces during
peak hours to cover increased enrollment; rebutted the issue that students park
throughout the area; suggested 2-hour parking limit signs be posted in business
areas to keep students out; stated that the general public is not invited to
park in the Promised Land even if it is non-exclusive; and recounted in detail
documents bound together and submitted July 19, 1988 to Council, staff, and the
City Clerk from UCB.
Mr. Mentzer summarized by stating that according to their own survey of
surrounding businesses, the only opposition to Conditional Use Permit No. 270
are: Downey National Bank, Embassy Escrow, Morris Photography, and Virginia
Warren.
Council Member Boggs asked if UCB had surveyed only establishments that
sell food.
Council Member Barb commented that
the City had received, approximately 70
using same format, etc.
of the 35 letters of support of UCB that
percent were from the college students,
Mr. Mentzer responded that students at the college were given pertinent
topics such as parking, traffic and merits of the college, and asked to write to
the City Council regarding the same if interested.
Mr. Richard Salyer, 8485 E. Florence Ave., read portions of a letter
written by him and and addressed to former City Manager Ovrom dated September
19, 1984. This letter addressed the Disposition and Development Agreement (DDA)
between the Community Redevelopment Agency of the City of Downey and Shepherd
Development. He also summarized points from an Agenda Memo prepared by City
Manager Ovrom, dated October 1, 1984, entitled "Parking for Shepherd Development
Project." Mr. Salyer emphasized the portion of Mr. Ovrom's Agenda Memo
discussing the parking in the Shepherd DDA which states that for at least the
next 10 years Shepherd has to keep open to everyone for public parking all of
its parking lot, except that in the event of a conflict, they have the
unilateral right to close it.
Council Member Barb referenced letters from the Church Board of Trustees
and from Mr. Salyer prior to the signing of the Disposition and Development
Agreement with Shepherd Development (June 1984) which state the Church position
that an office building that makes parking available for the Civic Center
enterprises in the evenings is essential to the welfare of the hotel, the
library, the theatre, the church, and adjoining businesses, and that their
concern is for parking. He added that the Council understood from Mr. Ovrom's
(former City Manager) letter that there was no reciprocal agreement for parking,
but that Section 703 of the DDA clearly states that parking shall be held open
for use by the general public without charge; and that a change of position
after the DDA was signed should not affect the understanding prior to the
signing of the DDA.
Mr. Salyer responded that when the building was erected it was fully
anticipated that it would be a 9-5 user above the Bank. But, subsequently, the
college expressed interest in the building and prior to signing a lease with the
college a Conditional Use Permit was applied for and approved for a 250 student
enrollment by the City. It was after that Conditional Use Permit was approved
that the college and Shepherd realized that parking was based on total
enrollment and not on occupancy at any one time.
Council Member Barb asked Mr. Salyer if he knew at the time he applied for
the original Conditional Use Permit (250 enrollment) that he would be coming
back later to ask for a 500 student enrollment. He later referenced a copy of
the Shepherd College lease which included a commitment to the college to fully
support and assist the tenant in any attempt to amend the lease to increase to
500 students.
Council Minutes 8/23/88 -3-
&5 L J
Mr. Salyer responded that was correct, but that it was only after the
original Conditional Use Permit was approved (in August 1986) that the
realization set in that the 250 approved was total enrollment and not occupancy
at any one time. Therefore, the second Conditional Use Permit was filed for in
October 1986.
Mr. Salyer further clarified for Council that Shepherd Development built a
30,000 square foot office building to provide parking for the Downtown area. He
also stated they allow hotel patrons and the general public to park there. He
further related that if this Conditional Use Permit is approved, the college
will require all their students to park in the 186 spaces of the Promised Land;
thus, if it is not approved, they will not make this commitment, and the
students could end up parking between the office building and the church.
Acting City Attorney Newton asked Mr. Salyer if in the easement documents
was there any legal limitation against the church granting further non-exclusive
parking easements for other users in the Promised Land.
Mr. Salyer responded no, and replied that prior to granting any additional
parking rights, an amendment could be made to the easements to provide that no
additional rights would be granted without giving the City and college a four -
month notice.
Mr. Christian E. Markey III, Attorney, Hill, Winn, Troop & Bieshinger,
representing United College of Business, 10940 Wilshire Blvd., Los Angeles,
asked Council Member Barb and Mr. Salyer to give to the City Clerk all documents
regarding the Disposition and Development Agreement (DDA) and all letters
referring to the DDA, and the comments earlier that Mr. Salyer made in reference
to those letters and the DDA.
Mr. Markey stated the following: Litigation in State and Federal Courts
where UCB is attempting to get Conditional Use Permit No. 243 passed;
Conditional Use Permit No. 270 was filed at the suggestion of City's legal
counsel, Virginia Pesola, Burke, Williams and Sorensen; UCB will dismiss pending
State and Federal lawsuits as soon as Conditional Use Permit No. 270 is approved
and recorded; if Conditional Use Permit No. 270 is denied, UCB will file new
lawsuits in State and Federal Courts against the City, the City Council, the
City Planning Commission, and each entity's respective members; City Planning _
Staff Report Addendum dated August 23, 1988 guilty of gross, willful, and
blatant misrepresentations; that Mr. Mentzer has treated the traffic and parking
aspects; UCB has incurred extra rent in an amount exceeding $10,000 since May
1988; UCB has incurred considerable legal expense; UCB has lost revenue from
limited enrollment; if Conditional Use Permit No. 270 is denied, the college
will immediately stop permitting Embassy Suites patrons, visitors, and hotel
guests from using the UCB parking lots during lunchtime, weekends, and all other
times. He also cited various court cases; touched on discrimination issues; and
mentioned that depositions from the City Council Members were scheduled to begin
next week, but have been continued for the present time.
Council Member Boggs left her Council seat at 9:58 p.m. and returned at
10:02 p.m.
Mayor Cormack called for those in the audience who wished to speak in
opposition on Appeal to Zone Variance No. 270.
Mr. Richard Holmes, President, Downey National Bank, 9167 Dinsdale St.,
stated he is a tenant at 8345 Firestone Boulevard along with UCB and without the
bank's commitment to leasing the ground floor of the building, the church would
not have been allowed to purchase the land from the Redevelopment Commission.
He said that during the planning stage, it was the bank's expectation that other
professional tenants would occupy the building. Mr. Holmes expressed the
opinion that a financial institution and a business college are not compatible
neighbors. He mentioned the following reasons for his opposition: Zoning does _
not permit a business college at this location except by a Conditional Use
Permit; opposed to increase in students; toilets overflowing; wall carvings; six
to twelve students/applicants a day come into bank looking for school and
disrupt bank employees; loitering around building, particularly at night;
students intentionally bang door and walls when exiting Dolan Avenue door; Mr.
Holmes related he has been threatened and sworn at by students/applicants of the
college; bank employees have been propositioned by loitering students; parking
and traffic continue to be a serious problem in area; cited their are many empty
parking places in college area during the day because of college's desire to
Council Minutes 8/23/88 -4-
S1,514
have only staff members and visitors parking there; students not using the
Promised Land at night as it is isolated and too far away. Mr. Holmes gave to
City Clerk Young an album compiled of xerox copies of recent photographs showing
examples of student loitering and traffic problems. The album was passed among
the Council Members for viewing. Mr. Holmes asked that the Council support the
Planning Commission's denial of the application for a Conditional Use Permit.
Dr. Gene Crum, Chairman, Board of Directors, Downey National Bank, 7123 Rio
Flora Pl., stated opposition to increase in student enrollment of United College
of Business for the following reasons: Presence of students disruptive;
students loiter about entrance and exits of bank; students lounge and litter
outside area around bank and parking lot; impact of student foot -traffic creates
congestion around bank; bank customers comment about intimidating presence of
students in immediate area; students on foot in bank parking lot interfere with
customers seeking ingress and egress to the building; area patrolled by guards
to reserve and insure that parking regulations are enforced.
Dr. Crum said if the Downey National Bank had not agreed on the bank's
present site and contracted to be the primary tenant, the building in its
current form would not have been built. He stressed the belief as a bank or any
tenant, they are entitled to quiet and peaceful enjoyment of their facility.
Dr. Crum stated the Board is concerned with the adverse affect the college has
had on the growth and development of the bank. He related the Board is also
concerned about the presence of the school, in its location, and its impact on
the community. Dr. Crum asked that Conditional Use Permit No. 270 be denied.
Mr. Joseph Lumsdaine, Attorney, 10841 Paramount Blvd., stated he reviewed
the complaint Mr. Markey, attorney representing UCB, talked about. He remarked
that some of the comments heard during the evening sounded like blackmail, such
as if the Conditional Use Permit is granted, the lawsuit will be dismissed. He
asked that Council stick to the issues involved and not be concerned about
lawsuits which are frivolously filed. He also specified that the burden of
proof is on the applicant for the granting of a Conditional Use Permit, not City
staff. Mr. Lumsdaine said Mr. Mentzer has made allegations accusing the City of
racial bias and bias against social economic groups, but they are asking the
City to squeeze in a campus in the middle of town.
Mr. Bill Lehman, 8615 Florence Ave., stated he is as offended as Mr.
Lumsdaine regarding some of the things said this evening. He asked the
following questions: Why is the City defending the Lessor? What is this lease
and how long is this lease? Why do we as citizens of this community have to
permit a land usage which is certainly not compatible with the Downtown area?
Why do we allow this problem to be an overall detriment to the City? Mr. Lehman
expressed concern that the Promised Land has been dedicated as a parking site
and not used to the fullest and best use. He asked that the City not be
intimidated by the threat of lawsuit.
Mr. Ronald Kolar, 9063 E. Florence Ave., stated he is a concerned citizen
and general managing partner of the Bank of America Building which was leased to
United College of Business just prior to the Shepherd group. He said at that
time they gave the following assurancess: There would be no parking problems,
that their students came in by bus; and that there would be no problem with
loitering or littering in the area. Mr. Kolar said United College of Business
was accepted on a six-month trial basis and assured Bank of America if there
were any problems they would immediately move out. He said they had numerous
problems with them in the Bank of America Building. Mr. Kolar said at the end
of six months they did not move out and were given two 30-day notices to
vacate. He said it took approximately four months for UCB to leave their
building. Mr. Kolar is concerned that Council might yield to the legal
blackmail that UCB is using and asked that they resist.
Mr. Bill Lazaris, 9064 Lubec St., said his business is in City of Commerce
and he is a depositor of Downey National Bank. He said recently his vice
president, a woman, will not go to the bank anymore in Downey because of the
remarks from the young men who stand around her from the college. Mr. Lazaris
said last week he was making a deposit and as he came out there were two young
men, one with a can of beer and another with a large cup of cola. One young man
had the can of beer on his vehicle and he asked him to remove it and he did so,
the other young man said a couple of nasty words. Mr. Lazaris said he asked the
security to have the young man wipe off the liquid that was draining on his car,
and was advised by security he was busy trying to get two fellows from the front
Council Minutes 8/23/88 -5-
of the bank who were eating. He said he felt like it was a campus and advised
if this keeps up his company will leave Downey National Bank.
Ms. Connie Hudson, General Manager, Embassy Suites Hotel, 8425 Firestone
Blvd., said she has no qualms with the college and feels they do have merit and
serve a purpose for the community. She stated she has a serious concern about
present parking conditions. Ms. Hudson is opposed to any new business as well
as this proposal that would bring more cars and foot traffic into the area on a
daily basis.
Mr. Larry Hoag, 10551 Paramount Blvd., said he also owns property in the
8300 block of Firestone Boulevard, less than block away from college, and cited
this area has the most serious parking problems. He requested that Council
uphold the Planning Commission's decision and deny Conditional Use Permit No.
270. _
Mr. Gregory Androw, Owner of Gregory's Restaurant, 8425 Firestone Blvd.,
stated Mr. Mentzer and he have talked and tried to find a solution for the
parking problems with negative results. He advised that after every banquet he
has at the Restaurant he sends out a quality service report and that two out of
three people check parking as a problem. Mr. Androw feels this area does not
need additional students and traffic.
Mr. Al Wantuch, 7240 Granger, Bell Gardens, suggested that a high-rise
parking complex be built.
Mr. John Gonzalez, 12350 Orizaba Ave., stated Council should stick by the
Planning Commission's decision.
Mr. Art Morris, 8335 Firestone Blvd., business owner and resident of Downey
for 55 years, opposed to increased enrollment of the College.
Mr. Randy Martin, Owner of Embassy Escrow, tenant at 8345 Firestone Blvd.,
stated opposition for increased student enrollment as they have a hard time
keeping staff for reasons other speakers have mentioned above; when they signed
a five-year lease they were told this was a professional office building; and
parking is a a problem.
Mayor Cormack requested those in the audience opposed to Conditional Use
Permit No. 270 raise their hands; approximately 42 people did so.
Mayor Cormack requested those in the audience in favor of Conditional Use
Permit No. 270 raise their hands; approximately 8 people did so.
Mayor Cormack asked if the Applicant wished to rebut.
Mr. Alan D. Mentzer, President, United College of Business, 8345 Firestone
Blvd., responded by saying: They did not file the second Conditional Use Permit
so they could file a second lawsuit, but filed upon the encouragement of City's
outside Counsel, Virginia Pesola, Burke, Williams and Sorensen; resented
comments made by attorney who spoke above, stating he does not have the facts;
show of hands in the audience for or against has no relevance to the four
findings required; disputed comments by Mr. Holmes regarding carvings on walls
by students; denied allegations that students are going into the bank; cited
that pictures presented to the Council regarding students behavior are not
typical; responded if the students are not using the Promised Land at night,
they could; asserted there is a guard service in the evening; said the students
are not using emergency exit, it is an exit for the building; commented that the
students do not bang doors as they have a door closer and the area is carpeted;
referred to earlier statement by Mr. Holmes that the school was hurting the
bank's business, whereas newspaper articles say how great the bank is doing;
disputed comment earlier by Dr. Crum that guard atmosphere makes area look like
armed camp saying the guards are not armed; said Downey's code is based on
cumulative enrollment rather than students at any one time; referred to Weston
Pringle & Associates traffic study; responded to an earlier statement regarding
not wanting a campus in the heart of town by saying there is already a campus in
the heart of the town, the high school; stated United College has a great deal
of money invested in the building; commented regarding statements by Mr. Kolar
when the college was a tenant in the Bank of America Building by stating he
Council: Minutes 8/23/88 -6-
never met Mr. Kolar or any bank official, but dealt with a real estate agent;
refuted statements by Mr. Hoag that students will park all over; questioned why
parking problems of Gregory's Restaurant should be the college's parking
problems; and asserted that Embassy Escrow employees litter the area.
Council Member Boggs expressed concern of the Promised Land parking and its
proximity to the college; clarified that UCB has a ten-year lease at the
Shepherd Building, but Mr. Mentzer could not confirm if the college could get a
ten-year lease on the Promised Land; inquired how many students were enrolled in
each class and the total number of students enrolled at the college; asked Mr.
Mentzer for the enrollment records sent to the State and Federal Government, and
the records the Federal Government sends when they pay the college (clarified
that enrollment for past year is what would be needed); and commented about the
compatibility of the two uses that are taking place in the building.
Acting City Attorney Newton advised Council that a subpena could be
prepared to collect the enrollment records.
Council Member Hayden mentioned a statement whereby she thought Mr. Mentzer
said there were 270 students in the building at any one time.
Mr. Mentzer responded no, he did not say 270 students.
Council Member Paul advised he has visited the premises of both the Bank as
well as the college and has seen the physical layout of both facilities.
Mr. Mentzer advised Council that it would not be necessary to subpena the
college enrollment records as he would provide them to the City within
approximately two weeks.
It was moved by Council Member Boggs, seconded by Council Member Barb, and
unanimously carried that the Hearing be continued to 7:30 p.m., September 13,
1988, based on the contingency that the enrollment records sent to the State and
Federal Government and the records the Federal government sends when they pay
the college are available on that date.
Council Member Barb related that the comments and feelings he has are of
disappointment as he has had not only personal discussions but depended on
written letters from the Church Board of Trustees regarding the parking and
future use of the building. Also, Mr. Salyer of Shepherd Development (for
Church) in his letter indicated very clearly that they had only one goal and
that was to save any animosity and future grief in dealing with parking. So,
after convincing Council prior to signing of the Disposition and Development
Agreement of their intent relative to parking, they later leased to the school
with a commitment to assist them in applying for a Conditional Use Permit to
allow 500 students.
The meeting recessed at 11:10 p.m. and reconvened at 11:16 p.m. with all
Council Members present.
ORAL COMMUNICATIONS - Items not on Agenda
Mrs. Ellie Harrington, Executive Chairman of Women's Committee for the
Downey Symphony, 8440 Otto St., submitted a letter dated August 20, 1988,
addressing concerns regarding use of the Downey Theatre for their events and
regarding furnishings of the Green Room at the Theatre.
Mayor Cormack requested staff to prepare a response to this matter.
Mr. John Gonzalez, 12350 Orizaba Ave., spoke regarding request for Council
business cards and mentioned his hearing regarding restraining order. Due to
disrupting the meeting, Mr. Gonzalez was asked to be seated in the audience and
Mayor Cormack requested that he not disrupt the meeting any further this
evening.
Mr. Eldon Clark, 9073 Priscilla St., asked that the continuance of Street
Sweeping Agenda items not be placed on same Agenda as United College of Business
continued Hearing.
Council advised Mr. Eldon that the Agenda items continued from this meeting
would be put before the Hearings at the Council Meeting on September 13, 1988.
Council Minutes 8/23/88 -7-
851
CONSENT CALENDAR
Mr. John Gonzalez, 12350 Orizaba Ave., approached the podium, but due to
prior disruptions during the meeting, was asked to be seated. Mr. Gonzalez
refused to be seated and left the Council Meeting with Police Chief Stone.
Agenda Item VI -A -I, Adjourned Regular Community Development Commission/City
Council Meeting of Augut 9, 1988, was removed at the request of Council Member
Paul.
Agenda Item VI-A-2, Regular City Council Minutes of August 9, 1988, was
removed at the request of Mr. Richard Henderson, 9901 Paramount Blvd., and
Council Member Paul.
Agenda Item VI-E-I, Assessment District No. 93-P, Meldar Avenue, et al, was
removed at the request of Council Member Boggs.
Agenda Item VI-E-3, Appeal on Tentative Tract Map No. 46583 for Property
located at 9001 Paramount Boulevard, Owner -Landmark Christian Center -Regarding
Engineering Condition No. 12, was removed at the request of City Clerk Young.
Agenda Items VI-E-4, Consulting Agreement -South City Feeder Water
Transmission Main; and VI-F-2, Lighting Maintenance District A.O. 121,
Annexation 88/08-Puritan Street between Gneiss Avenue and Downey Avenue and
Downey Avenue at Puritan Street, were removed at the request of Council Member
Hayden.
For continuity of the Minutes this item was put in Agenda order, a motion
was later unanimously carried to reconsider the Consent Calendar Agenda and
Agenda Item VI-F-4, Neo Street and Ryerson Avenue: Overnight Parking
Restriction, was removed at the request of Council Member Paul.
CASH CONTRACT NO. 546 - WILDERNESS PARK SECURITY LIGHTING SYSTEM (ACCOUNT
NO. 27-17155): Approve extra work in the amount of $450.00; accept the
improvements; and accept maintenance responsibility for improvements
constructed: Approve.
GENERAL WARRANTS #42953 - 43227 and #43233 - 43453, $1,724,577.37:
Approve.
APPEAL ON ZONE VARIANCE NO. 583-REQUEST TO SECTION 9110 OF THE DOWNEY
MUNICIPAL CODE TO CONSTRUCT A SINGLE FAMILY RESIDENCE WITH ATTACHED GARAGE
ON A SUBSTANDARD SIZE PARCEL WITH REDUCED REQUIRED BUILDING SETBACKS FOR A
CORNER LOT, ZONED R1-5000 ON PROPERTY LOCATED SOUTH OF 12830 DUNROBIN
AVENUE: Hearing set for September 13, 1988.
RESOLUTION NO. 5054 (ADOPTED)
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 88/07 - RIVES AVENUE BETWEEN BROOKPARK ROAD AND TELEGRAPH ROAD)
RESOLUTION NO. 5055 (ADOPTED)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPOVING THE ENGINEER'S REPORT FOR THE ADDITION TO LIGHTING
MAINTENANCE DISTRICT A.D. 121 OF ANNEXATION 88/07 - (RIVES
AVENUE BETWEEN BROOKPARK ROAD AND TELEGRAPH ROAD)
RESOLUTION NO. 5056 (ADOPTED)
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 88/07 - RIVES AVENUE BETWEEN BROOKPARK ROAD AND TELEGRAPH ROAD)
(Public Hearing set for September 27, 1988)
Council Minutes 8/23/88 -8-
-`g5i8
RESOLUTION NO. 5060 (ADOPTED)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING A NO PARKING RESTRICTION (TOW -AWAY) FROM 6:00 P.M.
TO 6:00 A.M. ON ALL DAYS (NO EXCEPTION) ALONG THE NORTH SIDE OF
CENTURY BOULEVARD BETWEEN LAKEWOOD BOULEVARD AND ROSECRANS AVENUE
RESOLUTION NO. 5061 (ADOPTED)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF FRANCES C. BENSON TO THE LIBRARY
ADVISORY BOARD FOR COUNCILMANIC DISTRICT FIVE
RESOLUTION NO. 5062 (ADOPTED)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING THE COMPENSATION PAYABLE TO A
CLASSIFICATION WITHIN THE EXECUTIVE MANAGEMENT SERVICE
It was moved by Council Member Boggs, seconded by Council Member Paul, and
carried by the following vote to waive full reading of the Resolutions and to
approve the remainder of the Consent Calendar as recommended:
AYES: 5 Council Members:
ORDINANCES
Paul, Barb, Boggs, Hayden, Cormack
ORDINANCE NO. 870
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 7309 AND SECTION 7319 OF THE DOWNEY MUNICIPAL CODE,
WHICH SAID SECTIONS RELATE TO DISCONNECTION FOR NONPAYMENT
AND WATER SERVICE APPLICATIONS
The Ordinance was read by title only. It was moved by Council Member Barb,
seconded by Council Member Boggs, and unanimously carried to waive further
reading and to adopt.
RESOLUTIONS: None (see Hearings, Consent Calendar, and Administrative Reports)
ADMINISTRATIVE REPORTS
Please note that for continuity of reporting, these items were put in
Agenda order.
It was moved by Council Member Barb, seconded by Council Member Paul, and
unanimously carried that Agenda Items IX-A-1, Citywide Street Sweeping Parking
Restrictions -Proposed Ordinance for Parking Restrictions (Amends Ordinance No.
576)1 IX-A-2, Proposed Policy for Issurance of Permits for On -Street Parking
During Street Sweeping Hours; IX-A-3, Citywide Street Sweeping: Proposed
Resolution Establishing Permit Parking Fees; IX-A-4, Enforcement of Street
Sweeping Parking Restrictions; IX-B, Capital Improvement Budget Fiscal Year
1988-89: Review and approve new projects; IX-C, Adjustment of Compensation to
Design Review Board Members and Increase Design Review Application Fee (entire
Administrative Reports Section), be continued to the City Council Meeting on
September 13, 1988.
ITEIMS REMOVED FROM CONSENT CALENDAR
MINUTES: ADJOURNED REGULAR MEETING, AUGUST 9, 1988
Council Member Paul removed this item from the Consent Calendar as he was
absent from the meeting and wished to abstain from voting.
It was moved by Council Member Barb, seconded by Council Member Boggs, and
carried 4-0 (Council Member Paul abstaining) to approve the Adjourned Regular
Meeting Minutes of August 9, 1988.
MINUTES: CITY COUNCIL MEETING OF AUGUST 9, 1988
Mr. Richard Henderson, 9901 Paramount Blvd., asked for clarification from
Council pertaining to the motion that a comparative analysis (of the twelve
Council Minutes 8/23/88 -9-
invoices listed on Exhibit A of the August 4, 1988 letter from Mr. Richard
Henderson) between the Supplier Invoice and Weatherite's Invoice to the City
(cost plus 25 percent) and bring back to council September 27, 1988. Mr.
Henderson said it was his position that this motion was for certified job cost
sheets and invoices from suppliers for the twelve invoices.
Council Member Hayden clarified her motion by stating it was her intention
to be able to compare the Manufacturer's costs that were charged to Weatherite
with the invoice that was subsequently billed to the City because the City's
contractual agreement allows Weatherite to charge cost plus 25 percent.
Council advised Mr. Henderson the City Council Minutes of August 9, 1988
reflected correctly the motion that was approved and certified job cost sheets
were not included.
It was moved by Council Member Barb, seconded by Council Member Boggs, and
carried 4-0 (Council Member Paul abstaining) to approve the City Council Minutes
of August 9, 1988.
ASSESSMENT DISTRICT NO. 93-P, MELDAR AVENUE, ET AL
Council Member Boggs asked for clarification how this project was to be
funded.
Public Works Director Ralph responded that in the past the City has paid
for the engineering, a portion of the paving, and incidental fees on Assessment
Districts and this is estimated to be $20,000. He also said that the
construction costs of curb, gutter, and pave -out costs are charged to the
property owner.
It was moved by Council Member Boggs, seconded by Council Member Barb, and
unanimously carried to approve the preliminary Engineering cost estimates and to
prepare a petition for the street improvement.
APPEAL ON TENTATIVE TRACT MAP NO. 46583 FOR PROPERTY LOCATED AT 9001
PARAMOUNT BOULEVARD, OWNER -LANDMARK CHRISTIAN CENTER -REGARDING ENGIINEERING
CONDITION NO. 12
City Clerk Young affirmed that a letter was received from Murdock
Construction advising the City they wish to withdraw their Appeal of the City
Planning Commission decision of August 3, 1988. Mr. Murdock further requested a
refund of his filing fee of $324.52.
It was moved by Council Member Boggs, seconded by Council Member Hayden,
and unanimously carried to grant the withdrawal of the Appeal and refund the
$324.52 to the Appellant.
CONSULTING AGREEMENT -SOUTH CITY FEEDER WATER TRANSMISSION MAIN
Council Member Hayden requested for clarification purposes that the
Agreement be changed on page 2, Section 10.a.2.c, second sentence should read
"City shall require ENGINEER...."
Public Works Director Ralph responded this modification would be
incorporated into the Agreement.
It was moved by Council Member Hayden, seconded by Council Member Barb, and
unanimously carried to approve the Consulting Agreement with the word 'shall"
instead of "may" on page 2, Section 10.a.2.c., second sentence, with James
M.Montgomery for the preparation of plans and specifications for the
construction of the South City feeder water transmission main, for the lump sum
of $101,280.
LIGHTING MAINTENANCE DISTRICT A.D.121, ANNEXATION 88/08 - PURITAN STREET
BETWEEN GNEISS AVENUE AND DOWNEY AVENUE AND DOWNEY AVENUE AT PURITAN STREET
Council Member Hayden requested a typographical error be corrected on the
Engineer's Report, second paragraph, lines 2 and 3, should read "fifty-eight
percent (58 percent)..."
Council Minutes 8/23/88 -10-
�-S`5 u 0
RESOLUTION NO. 5057
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
PROPOSING TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT
140. A.D. 121 AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT PURSUANT
TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (ANNEXATION 88/08 - PURITAN STREET
BETWEEN GNEISS AVENUE AND DOWNEY AVENUE AND DOWNEY AVENUE AT PURITAN STREET)
RESOLUTION NO. 5058
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 88/08 - PURITAN STREET
BETWEEN GNEISS AVENUE DOWNEY AVENUE AND DOWNEY AVENUE AT PURITAN STREET
RESOLUTION NO. 5059
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 88/08 - PURITAN STREET BETWEEN GNEISS AVENUE
AND DOWNEY AVENUE AND DOWNEY AVENUE AT PURITAN STREET
(Public Hearing set for September 27, 1988)
It was moved by Council Member Paul, seconded by Council Member Boggs, and
unanimously carried to waive reading of the Resolutions and adopt with the
correction in the Engineer's Report as specified.
NED STREET AND RYERSON AVENUE: OVERNIGHT PARKING RESTRICTION
Council Member Paul removed this item from the Consent Calendar so that it
could be continued.
Hearing no objections, it was so ordered to continue this matter to
September 13, 1988.
OTHER BUSINESS AND ITEMS FOR FUTURE AGENDAS
Staff Members:
1. City Manager Davis advised Council that a County Mosquito Abatement
Research Test had been cancelled.
City Council:
Mayor Cormack:
1. DESIGNATION OF VOTING DELEGATE AND ALTERNATE TO LEAGUE OF CALIFORNIA
CITIES
It was moved by Council Member Boggs, seconded by Council Member
Paul, and unanimously carried to appoint Council Member Hayden as
representative and Mayor Cormack as alternate to the League of
California Cities.
Council Member Paul:
1. Was advised by staff that a recent invoice from Attorney Leo
Newton (Santangelo case) had been placed along with others in the
arbitration process.
Council Member Hayden:
1. Requested, and hearing no objections from other members of the
City Council, Mayor Cormack so ordered that the City Attorney update
and advise Council of procedures for public participation at public
meetings.
Council Minutes 8/23/88 -11-
8521
ADJOURNMENT
11:50 P.M.
The meeting was adjourned in Memory of Maria D'Amore, wife of Public Works
Inspector Nick D'Amore; To: 6:30 p.m., September 13, 1988, in the Council
Chamber of the Downey City Hall.
Jenny oun i Clerk- easurer
2e _
aert�'G'. ack, Mayor
Council Minutes 8/23/88 -12-