HomeMy WebLinkAboutMinutes-10-11-88-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
OCTOBER 11, 1988
TABLE OF MINUTE
ACTIONS
SUBJECT
ACTION
PAGE NO,
Certificate of Appointment to Dennis M. Pagenkopp-
Traffic Committee
1
Proclamation re Oct. 23-30 as Red Ribbon Day
1
Proclamation re Oct. 31 as Chi Chi Rodriguez Day
I
Proclamation re Month of October as Toastmasters
Communications Month
1
Proclamation re Oct. 29 as Community Pancake
Breakfast Day
1
Presentation of $5,000 check from Sambi's
Restaurant will be presented next Mtg.
I
John Gonzalez re block wall adjacent to his property
1
Removal of items from Consent Calendar
1
Minutes: Adj. Reg. Mtg., 9/27/88; Reg. Mtg.,
9/27/88; Adj. Reg. Mtg., 10/4/88; & Adj. Reg.
Mtg., 10/6/88
Approved
2
CC #SS-414, Miscellaneous Sidewalk Repairs -
Citywide
Approved
2
— Warrants #44163-44171; #44329-44697,
$1,375,781.98
Approved
2
Permissive CUP #6-9830 Lakewood Bl. (Appl.:
Permission to File
LaFayette Co.)
Approved
2
Res. #5075, Appointment of Tom Ahrens -Health &
Environmental Sanitation Committee
Adopted
2
Res. #5077, Support of Prop 85-CA Library Act
Adopted
2
Res. #5078, Approving Appointments to Emergency
Preparedness Committee
Adopted
2
Street Name Designation of Kristin Dr, f/Property
Located Westerly Portion of 9001 Paramount Bl.
Approved
3
Banking Services Agreement - Security Pacific
National Bank
Approved
3
Res. #5076, Granting Z.V. #586, 8821 Lindell Av.
(Auto Credit Mart)
Adopted
3
Residential Refuse Rate Adjustment
Approved
5
1988-89 Social Svcs. Funding Recommendations
Back to Comm. Services
Commission
5
Capital Improvement Program Budget f/Fiscal Yr.
1988-89 Cont. to 10112 5
Mtg. recessed 9:10 p.m. & reconvened 9:21 p.m. 5
Hrg.-Proposed Amendment to DMC re Trash
Enclosures Back to staff 6
Page 1 of 2
°COUNCIL MINUTES, OCTOBER 11, 1988
TABLE OF MINUTE ACTIONS (Continued)
SUBJECT
Mtg. recessed 9:50 p.m. & reconvened 9:58 (due to
John Gonzalez disrupting meeting)
Res. #5079, Denying Z.V. #583 f/excess property
located S/of 12830 Dunrobin Avenue
Appeal, CUP #270, 8345 Firestone B1. (United
College of Business)
Cn. Cormack re City Council Committee
Assignments
Cn. Hayden re Retention of Scott Temple -Water
Advisory Board
Cn. Paul re expansion of DARE Program
Cn. Barb asked f/survey of Caltrans property adj.
to I-105 Freeway & check future Caltrans Projects
f/substandard excess properties
Mtg. adj. in Memory of Former Mayor Hollis Peavey;
To: 4:00 p.m., October 12, 1988
ACTION PAGE NO.
A
Adopted; Letter of
Protest to Caltrans 7
City Attorney directed to
prepare Res. of Denial 8
Approved
Approved
3
0
9
Z546
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
OCTOBER 11, 1988
The City Council of the City of Downey held a regular meeting at 7:41 p.m.,
October 11, 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
Chris Birch, Director of Personnel
Virginia Pesola, Attorney/Burke, Williams & Sorensen
Terry Pruitt, Police Sergeant
Mark Sellheim, Principal Planner
Mary Martineau -Smith, Principal Planner
Ed Velasco, Housing Manager
Ronald Yoshiki, City Planner
Scot Yotsuya, Assistant to the City Manager
Joyce Baker, Executive Secretary
PRESENTATIONS
Council Member Hayden presented a Certificate of Appointment to Dennis M.
Pagenkopp on his appointment to the Traffic Committee.
Mayor Cormack presented to Edward Potter, Assistant Superintendent of
Support Services, Downey Unified School District; Jane Pickens, Rio School PTA;
and Cynthia Billings, DARE Officer, Downey Police Department, a Proclamation
declaring October 23-30, 1988, as Red Ribbon Week.
Mayor Cormack presented to Tom Watts, President of the Downey Optimist Club
and Chairman of the Golf Club Committee; and Sergeant Bob Grandolfo of the
Downey Police Department, a Proclamation declaring October 31, 1988, as Chi Chi
Rodriguez Day.
Mayor Cormack acknowledged a Proclamation declaring the month of October,
1988, as Toastmasters Communications Month. There was no one present to accept
the Proclamation.
Mayor Cormack presented to Rick Lively, President Elect of the Rotary Club;
Bob Golay, Executive Director of the YMCA; and Jerry Apidjian, Pancake Chairman,
a Proclamation declaring October 29, 1988, as Community Pancake Breakfast Day.
The presentation of $5,000 check to the City by Sambi's Restaurant will be
presented at the next Council Meeting.
ORAL COMMUNICATIONS - Items not on Agenda
Mr. John Gonzalez, 12350 Orizaba Ave., spoke regarding block wall adjacent
to his property that he would like removed as he feels it creates unsafe
conditions for children in the area.
CONSENT CALENDAR
Agenda Item Y-E-1, Street Name for the Newly Created Street under Tentative
Tract No. 46583, Involving Property Located on the Westerly Portion of 9001
Paramount Boulevard, Zoned R1-7500, was removed at the request of Reverend John
Scarr.
Council Minutes 10/11/88 -1-
Agenda Item V-E-3, Banking Services Agreement - Security Pacific National
Bank, was removed at the request of Council Member Boggs.
Agenda Item V-F-2, Granting Appeal to Zone Variance No. 586, 8821 Lindell
Avenue (Credit Auto Mart), was removed by Council Member Hayden and Mr. Chris
Chamberlin.
MINUTES: Adjourned Regular Meeting, September 27, 1988; Regular Meeting,
September 27, 1988; Adjourned Regular Meeting, October 4, 1988; and
Adjourned Regular Meeting, October 6, 1988: Approve.
CASH CONTRACT NO. S.S. 414 - MISCELLANEOUS SIDEWALK REPAIRS CITYWIDE
(ACCOUNT NOS. 26-16414 AND 26-16417): Approve extra work in the amount of
$2,247.62; accept the improvements; and accept maintenance responsbility
for improvements constructed: Approve.
GENERAL WARRANTS #44163-44171; #44329-44697, $1,375,781.98: Approve.
PERMISSIVE CONDITIONAL USE PERMIT NO. 6 - 9830 LAKEWOOD BOULEVARD
(APPLICANT: THE LAFAYETTE COMPANY) TO ALLOW CONVERSION OF THE MORTUARY
BUILDING FOR CERTAIN USES PERMITTED IN THE C-P ZONE: Authorize owner of
property to submit to Downey Planning Division an application for
Permissive Conditional Use Permit: Approve.
RESOLUTION NO. 5075 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF MR. TOM AHRENS TO THE HEALTH AND
ENVIRONMENTAL SANITATION COMMITTEE FOR COUNCILMANIC DISTRICT FIVE
RESOLUTION NO. 5077 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
SUPPORTING PROPOSITION 85, THE CALIFORNIA LIBRARY CONSTRUCTION
AND RENOVATION BOND ACT OF 1988
RESOLUTION NO. 5078 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENTS OF THE FOLLOWING TO THE NEWLY FORMED
EMERGENCY PREPAREDNESS COMMITTEE
It was moved by Council Member Barb, seconded by Council Member Boggs, 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: Paul, Barb, Boggs, Hayden, Cormack
ITEMS REMOVED FROM THE CONSENT CALENDAR
STREET NAME FOR THE NEWLY CREATED STREET UNDER TENTATIVE TRACT NO. 46583,
INVOLVING PROPERTY LOCATED ON THE WESTERLY PORTION OF 9001 PARAMOUNT BOULEVARD,
ZONED R1-7500
Reverend John Scarr, 8906 Tweedy Ln., requested that the new street which
will be constructed in Tentative Tract Map No. 46583, be called "Kristin Drive"
in honor of his son Kenneth whose daughter's name is Kristin. He advised that
his son Kenneth had his office and school for handicapped children at this
location (Landmark Christian Center) and that his son was killed in an accident
in Downey on February 27, 1987.
Council discussed: The Staff report that states reasons the street be
known as Samoline Drive; the new street is a cul -de-sac and new home
development; naming the street for community purposes is not an unreasonable
request; fact that Reverend Scarr has been so involved with this property in the
past and has been involved in this development makes this a different situation;
and that many of the street names in Downey have been changed for simplicity and
are losing their historical value.
Council Member Boggs sympathized with Reverend Scarr, but felt this was a
personal loss, and was hesitant to set a precedent in this type of street
naming, and therefore opposed the naming of the street "Kristin Drive".
Council Minutes 10/11/88 -2-
3
It was moved by Council Member Paul, seconded by Council Member Hayden, and
carried 4-1 (Council Member Boggs voting no) to adopt the street name of Kristin
Drive for Tract No. 46583, located on the westerly portion of property located
at 9001 Paramount Boulevard.
BANKING SERVICES AGREEMENT - SECURITY PACIFIC NATIONAL BANK
Council Member Boggs asked Administrative Services Director Powell to
explain the process of making a banking services agreement.
Mr. Powell explained that the City's banking services were put out to bid
three years ago and that Wells Fargo won the bid at that time. He clarified for
Council items from the staff report dated October 11, 1988. Mr. Powell said the
fairest way to compare each of the banks' services is to state to the bank the
type of service the City wants and ask what the charge will be for the
service. He specified the City's average monthly balance for this account is
$200,000 and the City receives a credit against the monthly charge which
typically leaves the service cost very minimal.
Mr. Powell explained to Council that there is a 90-day cancellation
provision in the agreement.
Council Member Barb clarified with Mr. Powell that all the banks and
savings and loans institutions in Downey were contacted and only four responded
to bid. He stated he would need more information before he would approve any
institution other than the lowest bidder for this agreement; and recommended
that the City go to a locally -owned bank, not naming one in particular.
It was moved by Council Member Paul, seconded by Council Member Hayden, and
carried 4-1 (Council Member Barb voting no) to authorize staff to enter into a
three year relationship with Security Pacific National Bank for banking
services.
Prior to the foregoing vote, Council Member Barb recommended that the City
go to a locally -owned bank, not naming one in particular.
MART) GRANTING APPEAL TO ZONE VARIANCE NO. 586 - 8821 LINDELL AVENUE (CREDIT AUTO
Mr. Chris Chamberlin, President and General Manager of Credit Auto Mart,
8824 Lakewood Blvd., removed this item from the Consent Calendar to ask that the
80 square foot planter (located along Lakewood Boulevard), referred to under the
Planning section in the Resolution granting the Zone Variance, be reduced to 36
square feet. He felt that the frontage to the property is limited as it is.
City Planner Yoshiki responded that the 80 square foot planter is to encase
the pole sign and is pursuant to the Downey Code. He added that the Planning
staff would work with the applicant in regards to the shape of the planter.
RESOLUTION NO. 5076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
GRANTING ZONE VARIANCE NO. 586
The Resolution was read by title only. It was moved by Council Member
Paul, seconded by Council Member Hayden, and unanimously carried to waive
further reading and to adopt.
ORDINANCES: None (See Hearings)
RESOLUTIONS: None (See Consent Calendar and Hearings)
ADMINISTRATIVE REPORTS
RESIDENTIAL REFUSE RATE ADJUSTMENT
Public Works Director Ralph summarized the staff report pursuant to the
Agenda Memo dated October 11, 1988. He advised that the current City policy is
to review the residential refuse rates on a yearly basis based on those items of
cost which are not controllable by the hauler himself. These items are:
Consumer Price Index, the dumping fee, the cost of equipment, the cost of fuel,
and recently added insurance expenses. He stated after review by staff and the
Council Minutes 10/11/88 -3-
4
CitizensHealth and Environmental Sanitation Committee, it was their
recommendation that an increase of slightly less than four percent be granted,
raising the single family residential rates from $6.82 per month to $7.08; and
multiple units from $5.88 per month to $6.11.
Council Member Paul said he believed that the U.S. Environmental Protection
Agency was possibly proposing a fee increase in January. He further added that
if this was the case, he would rather address the current rate increase and the
U.S. Environmental Protection Agency increase at the same time.
Mr. Ralph responded that surcharges are being discussed that could affect
the cost during mid -year. He said it is conceivable that the contractor may
wish to have the rates reconsidered for special consideration, but that there is
no request for a surcharge at this time.
Mr. Ralph responded to Council Member Paul's question regarding number of
increases and percentage of increases, stating there have been increases every
year in the last ten years he has been involved and the increases vary from
about three percent to very high.
Mr. John Gonzalez, 12350 Orizaba Ave., felt that this matter should be
brought before the taxpayers of the City of Downey as a Public Hearing. He also
said he has talked to many of the Calsan truck drivers and they are making
minimum wages.
Council Member Boggs voiced strong concern in regards to the disposal of
solid waste in Southern California by the early 1990's, whereby new dumps will
have to be opened or refuse -to -energy facilities built, or rail -haul.
Mr. Lennie Whittington, 8542 Manatee St., commented that every year staff
recommends that Calsan get a rate increase and that the Citizens' Health and
Environmental Sanitiation Committee approves such increase. He mentioned that
before the City took over the billing process for the trash, the residents were
billed three months in advance, and thus the contractor earned interest. Mr.
Whittington also stated he read in the newspaper where Mr. Adnoff, President,
Calsan, Inc./Rio Hondo Disposal, was a member of the Citizens' Health and
Environmental Sanitation Committee. He said since the City has taken over the
billing for Calsans, expenses such as clerical help should certainly have gone
down for the contractor, but the rates keep increasing.
Mayor Cormack replied that the Council appoints the members of the
Citizens' Health and Environmental Sanitation Committee and Mr. Adnoff has no
vote, and is only present when he is asked to provide information.
Council Member Barb asked Public Works Director Ralph if the City's trash
rates are in line to surrounding cities' rates.
Mr. Ralph replied that the City is staying in line with the surrounding
cities and that this is a primary concern to the Citizens' Health and
Environmental Sanitation Committee. They also examine services, and every other
year take extensive field trips to other communities to try and judge their
service level. Mr. Ralph responded to an earlier statement from the audience by
commenting that the men who work for Calsan are unionized and are paid more than
the minimum wage, and they are all legal workers in the United States and have
valid drivers licenses.
Mrs. Neva Bryam, 9813 Guatemala Ave., said she asked a member of of the
Citizens' Health and Environmental Sanitation Committee if Mr. Adnoff, the owner
of Calsans, Inc., is a member of the committe and they said no, he was present
as a consultant and adviser. Mrs. Byram inquired as to how many times this year
Mr. Adnoff has attended this committee and if other contractors are asked to
perform the same service for the City as a consultant or adviser when their
contracts are brought up.
Mayor Cormack said he is on the Commerce Refuse to Energy Authority and
they often call in all of the commercial haulers and work with them on problems.
Mr. Ralph said that Mr. Adnoff does not have an official capacity on the
Citizens' Health and Environmental Sanitation Committee and does not consider
him a consultant as he does not get paid.
Council Minutes 10/11/88 -4-
It was moved by Council member Boggs, seconded by Council Member Hayden,
and unanimously carried to approve the new refuse rates of $7.08 per month for
single-family residences and $6.11 per unit per month for multiple -unit
residences.
1988-89 SOCIAL SERVICES FUNDING RECOMMENDATIONS
Community Services Director Jarrett summarized the staff as set forth in
the Agenda Memo dated October 11, 1988. He stated that nine organizations
submitted requests totalling $26,200 (and seven organizations are being
recommended for social services funding) whereby the Recreation and Community
Services Commission has $15,000 available.
Council discussed: How organizations were advised of funds available; was
Su Casa advised they could apply for a grant; possibility of foscusing on local
organizations (with low budgets) and organizations that work primarily with
volunteers that benefit Downey people and are community based; would like
Commission to take another look at Living Help Clinic in terms of Social
Services Funding; and recognized Commissioners' time and energy recommending
organizations for social services funding.
Mr. Roger Lawrence, Member of Community Services Commission, 9627 Cheddar
St., said many of the organizations have high staff costs and are strictly
counseling organizations, and this is the service they render to the
community. He suggested that if Council has questions, they should contact the
Recreation and Community Services Commissioners.
It was moved by Council Member Paul, seconded by Council Member Boggs, and
defeated 2-3 (Council Members Barb, Hayden, and Cormack voting no) to approve
the recommended funding of the Social Service Agencies/Organizations as
submitted by the Recreation and Community Services Commission.
It was moved by Council Member Hayden, seconded by Council Member Barb, and
carried 4-1 (Council Member Paul voting no) to return this item to the
Recreation and Community Services Commission with no amendments to the
guidelines, consideration of the same list of applicants, and emphasis placed
upon community based organizations.
Mr. Roger Lawrence, 9627 Cheddar St., asked if the guidelines were going to
be changed and if not, the same recommendations would come back. He also
questioned time allotted for proper advertisement in newspaper.
CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 1988-89
It was moved by Council Member Barb, seconded by Council Member Hayden, and
unanimously carried to continue this item to October 12, 1988.
The meeting recessed at 9:10 p.m, and reconvened at 9:21 p.m. with all
Council Members present.
HEARINGS
Mayor Cormack OPENED THE PUBLIC HEARING ON PROPOSED AMENDMENT TO THE DOMNEY
MUNICIPAL CODE REGARDING TRASH ENCLOSURES
City Clerk Young affirmed the Proof of Publication and stated that there
was no correspondence. Hearing no objections, it was so ordered to receive and
file.
City Planner Yoshiki presented the staff report pursuant to the Agenda Memo
dated October 11, 1988, and advised it is staff's recommendation to introduce an
Ordinance to amend Section 9144.06(a) of the Downey Municipal Code to modify
standards regarding trash enclosures in the multiple -family residential,
commercial and industrial zones. He narrated a brief slide presentation showing
the types of trash enclosure conditions that exist and what type of enclosures
the proposed Ordinance would incorporate. Mr. Yoshiki explained the typical
enclosure is a swinging gate type design, whereas the proposed enclosure would
be the overhead door design (elevated like a garage door) and would not
interfere with driveways.
Mayor Cormack called for those in the audience who wished to speak in favor
or in opposition to the proposed Amendment. There were none.
Council Minutes 10/11/88 -5-
cZ 5 51
It was moved by Council Member Paul, seconded by Council Member Barb, and
unanimously carried to close the Public Hearing.
Council discussed: Multiple pick ups for food establishments; dimensions,
screening, trellis type covering and openings on the bin enclosures; and the
appeal process available to those who cannot comply with the Ordinance.
Mr. Yoshiki stated that Buena Park is using the proposed overhead door type
design trash bin enclosures, if Council wished to take a look at this design.
Hearing no objections, it was so ordered to return this Ordinance to staff
to consider the dimensions of the trash bin enclosures and possible screening of
existing trash enclosures.
Mayor Cormack OPENED THE PUBLIC HEARING ON APPEAL TO ZONE VARIANCE NO. 583
FOR PROPERTY LOCATED SOUTH OF 12830 DUNROBIN AVENUE, WHICH WAS CONTINUED FROM
THE MEETING OF SEPTEMBER 13, 1988.
City Clerk Young affirmed the Proof of Publication and stated no
correspondence had been received. Hearing no objections, it was so ordered to
receive and file the Proof of Publication.
City Planner Yoshiki introduced Ms. Yolanda Arriola, a court certified
Spanish speaking interpreter, to translate for Mr. Alfredo Maran (applicant),
who is Spanish speaking, and also for the City.
Mr. Yoshiki presented the staff report as set forth in the Agenda Memo
dated October 11, 1988. He said the Appeal Hearing involves the ability to
establish a single-family dwelling unit on substandard sized property, measuring
22'5" x 135', 2,970 square feet. Mr. Maran purchased the subject excess
property as a surplus piece of land from Caltrans as part of the I-105 Freeway
development. Mr. Yoshiki cited that the five findings of hardship that need to
be made in the granting of a variance (Page 2 of the staff report ) are not
present to support the Applicant's request.
The meeting recessed at 9:50 p.m. (due to numerous interruptions from Mr.
John Gonzalez, who was subsequently escorted by a Police Officer from the
Council Chamber) and reconvened at 9:58 p.m. with all Council Members present.
Mr. Yoshiki narrated a slide presentation showing the subject excess
property, the adjacent houses and properties, and the proposed schematic as
submitted by Mr. Maran.
Mr. Yoshiki advised it is staff's recommendation to reaffirm the decision
of the Planning Commission and deny Zone Variance No. 583.
Mayor Cormack asked the Applicant to come forward and present his case.
Mr. Alfredo Maran, 3230 E. 68th Way, Long Beach, (Mrs. Yolanda Arriola,
Interpreter), asked why Caltrans did not sell the excess property to the
adjacent property owner (12830 Dunrobin Avenue) instead of him; said that
someone from the City staff told him before he bought the property that when he
became the owner he could ask for a Zone Variance (he said he was told this
several different times); stated he has owned the property for two years;
alluded there are more than five houses that have less land than his property
located on Dunrobin Avenue.
Mr. Maran said last time he was in the Council Chamber everyone present was
different except for Mr. Yoshiki. Mayor Cormack explained that last time Mr.
Maran was before the Planning Commission, not the City Council. Mr. Maran
alleged everyone lied to him last time he was before the Planning Commission.
Mr. Maran also questioned why he needed a translator as he had his son and _
Mr. Gonzalez. Mayor Cormack explained the City needed a properly certified
interpreter.
Mr. Maran mentioned several times he felt the City has lied to him in the
past and could not be trusted. Mayor Cormack reminded him he was dealing with
the City of Downey now and not Caltrans, who sold him the property.
Council Minutes 10/11/88 -6-
Mayor Cormack asked Mr. Maran to tell the Council why he should be able to
build on this strip of land. Mr. Maran replied he did not buy this land just to
pay taxes on it; and asked why the City permitted Caltrans to sell the land to
him.
Mayor Cormack responded the Planning Commission cannot control what
Caltrans sells, and that Mr. Maran was probably told this was not a buildable
parcel, but if he wanted to appeal it, he could not appeal it until he owned it.
Mr. Maran mentioned the five houses that were built on substandard sized
lots in Downey within the past few years. Council responded that no single-
family residences have been built on substandard lots since the City was
incorporated.
Mayor Cormack called for those in the audience who wished to speak in favor
of Zone Variance No. 583. There were none.
Mayor Cormack called for those in the audience who wished to speak in
opposition to the Zone Variance.
Mrs. Mary Stuart, 12830 Dunrobin Ave., stated she lives right next door to
the property in question and it is too close to her property; would block her
airflow from the south; take away her privacy; and downgrade property in the
neighborhood.
Mr. Hughes, 12833 Dunrobin Ave., said he lives across the street from the
vacant property and feels that if a house is built on the property, the garage
door would be on the property line and someone could get hit. He also said if
the house was built the rainwater from the roof would run into the neighbors
yard.
Mrs. Virginia Lancaster, 12830 Adenmoor Ave., asked that Council deny this
Zone Variance and uphold the Downey Municipal Code as there is no zero lot line
in Downey and feels aesthetically it will downgrade the neighborhood.
Mayor Cormack asked if the Applicant wished to rebut.
Mr. Alfredo Maran, 3230 E. 68th Way, Long Beach, (Ms. Yolanda Arriola,
Interpreter), responded that in a previous meeting (Planning Commission) the
neighbors of the excess property he purchased on Dunrobin Avenue did not
complain and come forth at that time.
It was moved by Council Member Paul, seconded by Council Member Hayden, and
unanimously carried to close the Public Hearing.
Council Member Boggs said that approximately four years ago she saw ads in
the Los Angeles Times for Caltrans to sell excess parcels. She said this was
brought to staff's attention, and subsequently she remembers a letter was
written by Mr. Cutts, Community Development Director for the City at that time,
to Caltrans, requesting they not offer excess properties for sale that were
substandard to the Building Code in Downey. Council Member Boggs strongly
expressed Caltrans should be responsible for the situation they have created and
buy back this strip of land. She further asked that Caltrans be requested not
to sell substandard excess lots in the City of Downey.
RESOLUTION NO. 5079
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DENYING ZONE VARIANCE NO. 583
It was moved by Council Member Barb, seconded by Council Member Paul, and
unanimously carried to waive further reading and to adopt; and that a letter
protesting the sale of substandard excess property in the City of Downey be sent
to Caltrans.
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 SEPTEMBER 13, 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).
Council Minutes 10/11/88 -7-
85J3
City Planner Yoshiki summarized the staff report as set forth in Agenda
Memo dated October 11, 1988, entitled "Staff Report Addendum #2 - CUP #270-8345
Firestone Boulevard, United College of Business, Zoned C-3. " He advised that
this report which was to identify the actual enrollment of the College based
upon their information was not totally conclusive except the report to the
accrediting commission indicating 441 students. He advised this enrollment
number exceeded City approval and it is staff's recommendation to deny the
Appeal of Conditional Use Permit No. 270 (to increase enrollment from 250 to 450
students at 8345 Firestone Boulevard -United College of Business; and direct the
City Attorney's office to prepare a Resolution reflecting said determinations.
City Clerk Young advised correspondence had been received and included in
the staff report with the exception of a letter from Mr. Joseph Lumsdaine and
the response from United College of Business; these letters were made a part of _
the record. Hearing no objections, it was so ordered to receive and file the
correspondence.
Mayor Cormack asked the Applicant to come forward and present any new
information pertaining to the case.
Mr. Alan D. Mentzer, President, United College of Business, 8345 Firestone
Boulevard, distributed to Council and the City Clerk "United College of Business
Specific Response to City Staff Report" dated October 11, 1988. He also
distributed copies of a Planning Division Staff Report dated July 20, 1986,
referencing Conditional Use Permit No. 226 (Wallar Building) to Council and City
Clerk Young.
Mr. Mentzer read the United College of Business Specific Response to City
Staff Report dated October 11, 1988. He added that Conditional Use Permit No.
226 (Wallar Building) clearly states that 200 students are permitted and adding
that to the 250 students permitted at the Shepherd Building, makes a total of
450. He therefore felt the College enrollment of 441 students falls within the
450 student limit. He stated he was unaware of any limitation to 100 students
at the Wallar Building.
Council Member Hayden referenced a letter dated March 20, 1986 from Mr.
Alan Mentzer, President, United College of Business, requesting approval of
Conditional Use Permit No. 226 (Wallar Building-8524 Firestone Boulevard) based
upon a reduction of enrolled students from 200 to 100. _
Note: Planning Commission minute action on April 16, 1986, approved this
reduction and amended Planning Commission Resolution No. 914 (Conditional Use
Permit No. 226).
It was moved by Council Member Boggs, seconded by Council Member Barb, and
unanimously carried to close the Public Hearing.
It was moved by Council Member Boggs, seconded by Council Member Barb, and
unanimously carried to deny Conditional Use Permit No. 270, to increase
enrollment from 250 to 450 students at 8345 Firestone Boulevard, the United
College of Business; and direct the City Attorney's office to prepare a
Resolution reflecting said determination.
OTHER BUSINESS AND ITEMS FOR FUTURE AGENDAS
Staff Members: None
City Council:
Mayor Cormack:
CITY COUNCIL COMMITTEE ASSIGNMENTS
It was moved by Council Member Barb, seconded by Council Memb, and
unanimously carried to ratify the City Council Committee Assignments
for Fiscal Year 1988-89.
Council Minutes 10/11/88 -8-
Council Member Hayden:
1. RETENTION OF SCOTT TEMPLE AS MEMBER OF THE WATER ADVISORY BOARD
It was moved by Council Member Boggs, seconded by Council Member
Hayden, and unanimously carried to approve the re -appointment of Scott
Temple to the Water Advisory Board - District 5.
Council Member Paul:
1. Place consideration of expansion of the DARE Program to deal with
higher grade level on future Agenda (see October 12, 1988 meeting for
action on this item).
Council Member Barb:
1. Asked for survey of Caltrans property adjacent to I-105 Freeway and
further to check future Caltrans projects for substandard excess
properties.
ADJOURNMENT: 11:07 p.m.
The meeting was adjourned in Memory of Former Mayor Hollis Peavey; To:
4:00 p.m., October 12, 1988, in the Council Chamber of the Downey Hall.
Je Youn0A. easurer
Council Minutes 10/11/88 -9-