HomeMy WebLinkAboutMinutes-11-26-91-Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
NOVEMBER 26, 1991
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Presentation - Certificates of Appointment 1
' Appeal, Denial of extension for Conditional Use
Permit #206 (9561 Imperial Hwy.) Cont. to 12/10/91 1
Res. #5506 denying Vesting Tentative Tract Map
No. 50450 (10331 Downey Ave., A -H) Adopted 2
Res. #5507 denying Zone Variance #91 -63
(10331 Downey Ave., A -H) Adopted 3
Res. #5508 denying Conditional Use Permit #91 -64
(10331 Downey Ave., A -H) Adopted 3
Appeal, denial of Lot Line Adjustment (12256 Para-
mount Blvd.); Conditional Use Permit #91 -78, Zone
Variance #91 -77, & Tentative Tract Map #49882 Return at next mtg.
(8036 Orange St.) with revised plans 5
Minutes: Adj. Reg. Mtgs., 11/5/91, 11/12/91;
Reg. Mtg., 11/12/91 Approved 5
Warrants issued: #41039 - 41395 Approved 5
-_ Appointment to Southeast Area Cities Quality
Consortium Approved 5
Res. #5510 proposing to annex & ordering Engineer's
report (Annexation 91/30 - alley west of Paramount
Blvd. between Gallatin Rd. & Suva St.) Adopted ' 5
Res. #5511 approving Engineer's report (Annexation
91/30 - alley west of Paramount Blvd. between
Gallatin Rd. & Suva St.) Adopted 5
Res. #5512 declaring intent to annex & furnish
electrical current to street ltg. fixtures
(Annexation 91/30 - alley west of Paramount Blvd. Adopted; sets hrg.
between Gallatin Rd. & Suva St.) 1/14/92 5
Res. #5513 approving appt. of Brian Gasdia to
Personnel Advisory Board - District Five Adopted 6
Res. #5514 approving appt. of Frank Sheldon to
Planning Commission - District Four Adopted 6
Page 1 of 2
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COUNCIL MINUTES, NOVEMBER 26, 1991
TABLE OF ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO•
Res. #5515 establishing benefits for employees
designated as Executive Management, Middle
Management and Confidential /Exempt Adopted 6
Res. #5516 creating salary additive for in -house
legal work Adopted 6 i
Ord. amending Downey Municipal Code re prohibited
conduct within cemeteries Introduced 6
Storm Drain Reimbursement District - Parrot St. south Received & filed; return
of Quoit St. with further options 7
City Department Project Priority List of the Work Received & filed;
Program include Sign Code en-
forcement 8
Cn. Cormack re status of holes & rebar content in
sidewalks 8
Cn. Boggs re neon lighting on Rosecrans Avenue west of
Lakewood Boulevard 8
Cn. Boggs re arrangements for Christmas trees to be
picked up for green waste disposal 8
Cn. Boggs re further complaints about day workers
loitering at Phlox St. & Paramount Blvd.; requested
expeditious handling of situation 8 F-1
Cn. Carter re day worker problem & continued police
visibility 8
Adjournment to 6 :30 p.m., December 10, 1991 8
Page 2 of 2
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
NOVEMBER 26, 1991
The City Council of the City of Downey held a regular meeting at
7 :30 p.m., November 26, 1991, in the Council Chamber of the Downey City Hall,
Mayor Barbara J. Hayden presiding.
PRESENT: Council Members:
Barbara J. Hayden Mayor
Diane P. Boggs Mayor Pro -Tem
Robert G. Cormack
Robert S. Brazelton
Richard D. Carter
ALSO PRESENT: Gerald M. Caton, Executive Director
Peter Thorson, Attorney
Judith McDonnell, Secretary
Ken Farfsing, Assistant City Manager
Lee Powell, Assistant City Manager
Ron Irwin, Fire thief
James Jarrett, Director of Community Services
Clayton Mayes, Police Chief
Art Rangel, Director of Public Works
Richard Redmayne, Acting Director of Public Works
Lowell W i l l i a m s , Director of Finance
Ron Yoshiki, Assist. Comm. Development Director /City Planner
Chris Birch, Director of Personnel
Franklin De Groot, Principal Planner
June Yotsuya, Assistant to the City Manager
Cindi Apidgian, Executive Secretary
PRESENTATIONS:
Mayor Hayden presented Certificates of Appointment to Norbert Weinberg -
Design Review Board, Craig Schroeder, Alternate - Design Review Board, and
Stephen Allen, Planning Commission - District 2.
Mayor Hayden presented a Certificate of Appointment to Edward Ng,
Alternate - Design Review Board, at the conclusion of the recess (8:56 p.m.).
HEARINGS
Mayor Hayden opened the public hearing on APPEAL, DENIAL OF EXTENSION FOR
CONDITIONAL USE PERMIT NO. 206, 9561 IMPERIAL HIGHWAY - DALE'S TOE, INC.
Ms. McDonnell affirmed the proof of publication which was so ordered to
receive and file.
At the request of the applicant and concurrence with staff, it was moved
by Council Member Cormack, seconded by Council Member Boggs, and unanimously
carried to continue the hearing to 7:30 p.m. , December 10, 1991 in the Downey
City Council Chamber.
Council Minutes 11/26/91 -1-
Mayor Hayden opened the public hearing on APPEAL, VESTING TENTATIVE TRACT
MAP NO. 50450, ZONE VARIANCE NO. 91 -63, AND CONDITIONAL USE PERMIT NO. 91 -64
FOR PROPERTY LOCATED AT 10331 DOWNEY AVENUE, A -H which was continued from the
meeting of October 22, 1991.
Mr. Rangel summarized the staff report, recommeding denial of the
applicant's request to convert an eight unit apartment building into an eight
unit condominium development. He narrated a brief slide presentation
depicting the tract map, zoning map, and the subject and surrounding areas.
The lack of required open space was mentioned as a concern of staff and the
Planning Commission.
Mr. Michael Kl i pa, 8826 Ocean View Ave., Whittier, representing the
applicant, discussed the issue of open space. He mentioned the open space is
evident; it is just a question of how it is counted. He spoke regarding the
preference of home ownership over rentals. Referencing a letter from the
current tenants, he noted they are interested in purchasing the units from the
applicant and narrated a brief slide presentation of the subject property and
interior of the apartments proposed for conversion to condominiums.
Mr. Thomas Ramirez, 10517 Lakewood Blvd., mentioned this would be an
opportunity for more single family ownership in Downey.
Council Member Cormack clarified the utility locations and common walls
within the project.
There was no correspondence received on this matter.
There being no one to speak in favor or opposition to the project, it was
moved by Council Member Boggs, seconded by Council Member Brazelton, and
unanimously carried to close the public hearing.
RESOLUTION NO. 5506
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, UPHOLDING
THE DECISION OF THE PLANNING COMMISSION AND DENYING VESTING '','
TENTATIVE TRACT MAP NO. 50450 FOR PROPERTY LOCATED AT I 1
10331 DOWNEY AVENUE, A -H
The Resolution was read by title only. It was moved by Council Member
Boggs, seconded by Council Member Cormack, and unanimously carried to waive
further reading and adopt.
Prior to the foregoing vote, Council Member Brazelton expressed concern
that required criteria to grant a Variance or Conditional Use Permit has not
been presented.
Council Member Carter noticed the development lacks the required usable
open space necessary in a condominium project, and mentioned a precedent may
be set if this Appeal is approved.
Council Member Boggs concurred, and stated she does not want to start a
precedent in converting apartments to condominiums that do not meet the
required standards.
Council Minutes 11/26/91 -2-
f e 1
Council Member Cormack noted that no new information has been presented
that was not considered by the Planning Commission prior to their denial of
the Appeal. He questioned whether more property could be purchased that would
help the applicant attain the necessary open space and was advised there is no
other property to acquire in that area.
RESOLUTION NO. 5507
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY UPHOLDING
THE DECISION OF THE PLANNING COMMISSION AND DENYING ZONE
�..� VARIANCE NO. 91 -63 FOR PROPERTY LOCATED AT
10331 DOWNEY AVENUE, A -H
The Resolution was read by title only. It was moved by Council Member
Cormack, seconded by Council Member Brazelton, and unanimously carried to
waive further reading and adopt.
RESOLUTION NO.. 5508
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY UPHOLDING
THE DECISION OF THE PLANNING COMMISSION AND DENYING CONDITIONAL
USE PERMIT NO. 91 -64 FOR PROPERTY LOCATED AT
10331 DOWNEY AVENUE A -H
The Resolution was read by title only. It was moved by Council Member
Cormack, seconded by Council Member Boggs, and unanimously carried to waive
further reading and adopt.
Mayor Hayden opened the public hearing on APPEAL, DENIAL OF LOT LINE
ADJUSTMENT NO. 91 -80 FOR PROPERTY LOCATED AT 12256 PARAMOUNT BOULEVARD;
CONDITIONAL USE PERMIT NO. 91 -78, ZONE VARIANCE NO. 91 -77, AND TENTATIVE TRACT
MAP NO. 49882 FOR PROPERTY LOCATED AT 8036 ORANGE STREET.
Ms. McDonnell affirmed the proof of publication. It was moved by Council
Member Boggs, seconded by Council Member Cormack, and so ordered to receive
r-. and file.
1
Mr. Rangel summarized the staff report, recommending denial of the Appeal
based upon usable square footage, lack of open space, and setback concerns.
He narrated a brief slide presentation showing the subject and surrounding
properties, tract map, site plan, and elevations of the proposed development.
Council Member Carter requested clarification of the setback areas and
was informed by staff of the square footage involved.
Responding to questions from Council Member Boggs, Mr. Rangel explained
that differing setbacks on Montgomery Street are because of parcel
configuration on the site which affects setback requirements.
Discussion ensued regarding the frontage of the units and easement
measurements.
No correspondence had been received on this matter.
Council Minutes 11/26/91 -3-
39i
Mayor Hayden called for the applicant to come forward and present his
case.
Mr. George Hansen, 8059 Florence representing the applicant,
g � Ave., � p 9 pp
referenced prior plans that accessed the units from Montgomery Street, noting
there were many constraints under this plan. He discussed the goals of the
project, citing private ownership and aesthetic design as important
features. The front yard setback and street dedications are major issues in
this case; however, the applicant is not requesting any privilege not granted
to other property owners in the area.
Council Member Boggs questioned the adequacy of open space and was
informed the project lacks 284 square feet.
Discussion ensued regarding the land loss for dedication purposes on
Orange and Montgomery Streets.
Mayor Hayden questioned location of the development on the site,
suggesting the units' entrances should face onto a residential street.
Council Member Carter expressed concern with the lack of on -site guest
parking.
Mr. Hansen explained that a gate accesses the guest parking and stated
McDonalds Restaurant is willing to allow the required guest parking for this
project to be located in their oversized parking lot.
There being no one to speak in favor or opposition of the Appeal, it was
moved by Council Member Cormack, seconded by Council Member Carter, and so
ordered to close the public hearing.
Mayor Hayden recommended readjustment of the project to allow frontage
off of a residential street such as Montgomery Street.
Council Member Brazelton expressed concern with the front yard setback
even with a change in the project configuration, and questioned whether the
findings for a Zone Variance exist.
It was moved by Council Member Cormack and seconded by Council Member
Boggs to have the applicant change the front of the development to face Orange
Street and direct staff to prepare the necessary resolutions for approval.
(See later vote).
Council Member Boggs questioned other setbacks in the area and was
informed that different zoning designations exist on both sides of Orange
Street.
Mr. Rangel noted there are substantial problems with different placement
of the project on this parcel, including frontage onto Orange Street.
Council Member Brazelton hesitated approving any project without
reviewing the detailed plans. He also expressed concern with setting a
precedent by allowing excessive units on an inadequately sized lot.
Council Minutes 11/26/91 -4-
Council Member Boggs supported the return of revised plans, noting her
option to re- evaluate and consider the matter at that time.
Council Member Carter concurred, stating he also was concerned with
attempting to place a large development on a rather small parcel.
The above motion was carried by the following vote:
AYES: 4 COUNCIL MEMBERS: Cormack, Boggs, Carter, Hayden
NOES: 1 COUNCIL MEMBERS: Brazelton
The meeting recessed at 8:47 p.m. and reconvened at 8:56 p.m. with all
Council Members present.
ORAL COMMUNICATIONS: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR: None.
CONSENT CALENDAR:
It was moved by Council Member Boggs, seconded by Council Member Cormack,
and unanimously carried to waive further reading of the Resolutions and
approve the Consent Calendar as recommended:
MINUTES: ADJOURNED REGULAR MEETINGS, NOVEMBER 5, 1991, NOVEMBER 12, 1991;
REGULAR MEETING, NOVEMBER 12, 1991: Approve.
WARRANTS ISSUED: 141039 - 141395, $861,557.17: Approve.
APPOINTMENT TO SOUTHEAST AREA CITIES QUALITY CONSORTIUM of City Manager
as Downey's City Representative at Consortium meetings, and designating
Associate Planner Bill Doebler as Alternate: Approve.
RESOLUTION NO. 5510 (ADOPT)
00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROPOSING
TO ANNEX A CERTAIN AREA INTO 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 91/30 - ALLEY
WEST OF PARAMOUNT BOULEVARD BETWEEN GALLATIN ROAD AND SUVA STREET)
RESOLUTION NO. 5511 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
THE ENGINEER'S REPORT FOR THE ADDITION TO LIGHTING MAINTENANCE
DISTRICT NO. A.D. 121 OF ANNEXATION 91/30 (ALLEY WEST OF PARAMOUNT
BOULEVARD BETWEEN GALLATIN ROAD AND SUVA STREET)
RESOLUTION NO. 5512 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING
ITS INTENTION TO ANNEX A CERTAIN AREA INTO LIGHTING MAINTENANCE
DISTRICT NO. A.D. 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT
TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES -
ANNEXATION 91/30 - ALLEY WEST OF PARAMOUNT BOULEVARD BETWEEN
GALLATIN ROAD AND SUVA STREET (SETS HEARING FOR 1/14/92)
Council Minutes 11/26/91 -5-
RESOLUTION NO. 5513 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
THE APPOINTMENT OF BRIAN F. GASDIA TO THE PERSONNEL ADVISORY
BOARD FOR COUNCILMANIC DISTRICT FIVE
RESOLUTION NO. 5514 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
THE APPOINTMENT OF FRANK SHELDON TO THE PLANNING COMMISSION FOR
COUNCILMANIC DISTRICT FOUR 0 .••• 1
RESOLUTION NO. 5515 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING
THE BENEFITS PAYABLE TO EMPLOYEES IN CLASSIFICATIONS DESIGNATED
AS EXECUTIVE MANAGEMENT, MIDDLE MANAGEMENT AND CONFIDENTIAL /EXEMPT
RESOLUTION NO. 5516 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CREATING A
SALARY ADDITIVE FOR IN -HOUSE LEGAL WORK
ORDINANCES NOT SET FORTH ABOVE:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING
SECTION 4137 TO CHAPTER 1 OF ARTICLE IV OF THE DOWNEY
MUNICIPAL CODE PERTAINING TO PROHIBITIVE CONDUCT WITHIN CEMETERIES
Mr. Caton summarized the staff report, mentioning complaints received
from the Downey Cemetery Board regarding certain recreational activities
occurring in the cemetery, i.e. hitting of golf balls on the ground.
Council Member Boggs noted she also had received complaints from cemetery
visitors regarding this recreational activity.
The Ordinance was read by title only. It was moved by Council Member
Cormack, seconded by Council Member Boggs, and unanimously carried to waive
further reading and introduce.
RESOLUTIONS NOT SET FORTH ABOVE: None.
ADMINISTRATIVE REPORTS:
STORM DRAIN REIMBURSEMENT DISTRICT - PARROT STREET SOUTH OF QUOIT STREET
(Continued from November 12, 1991)
Mr. Farfsing summarized the staff report, noting in the past the City has
funded the storm drain project for the public portion of Parrot Street. He
recommended allocation of $17,000 in gas tax funding toward the project in the
FY 91 -92 Capital Improvement Program. Should Council wish to fund the entire
cost of the storm drain, including the section that services the private
portion of Parrot Street, funds would have to be taken from the General Fund.
Council Minutes 11/26/91 -6-
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Council Member Cormack suggested the formation of an assessment district
based on square footage of all lots since the proposed storm drain would
benefit all residents on Parrot Street.
Mr. Farfsing mentioned it would be difficult to collect the assessments
from the property owners on the public portion of Parrot Street, since their
improvements were made long ago.
Responding to questions from Council Member Boggs, Mr. Farfsing explained
this problem was inherited prior to City incorporation. The public
subdivision was developed on the north side of the street without making
ri" adequate provisions for drainage.
q p 9
' it seems the residents on the
Council Member Boggs said that public
p
portion of Parrot Street would benefit from the proposed storm drain and,
therefore, should also pay for this improvement. She questioned how the
assessment district would be established.
Mr. Farfsing replied the City Engineer's report would be returned to
Council for approval, and then the assessment district would be formed. When
a person applied for building permits on this street, he would have to pay his
per -unit assessment.
Mr. Caton clarified the City would pay for the public portion of the
street and the developer would pay for the private portion of the street. The
developer will then be reimbursed as the properties are improved.
Discussion ensued regarding responsibility for funding the entire storm
drain and methods to collect assessments.
Council Member Brazelton clarified that gas tax money cannot legally be
used to fund the storm drain for the private portion of the street.
It was moved by Council Member Boggs, seconded by Council Member Carter,
and unanimously carried to receive and file this report and request further
,n, information and options addressing the comments discussed.
CITY DEPARTMENT PROJECT PRIORITY LIST OF THE WORK PROGRAM
Mr. Caton summarized the report, noting project priorities listed from
each Department. He mentioned the City has 29 positions that remain unfilled
so the work program has been compiled in a realistic mariner considering the
manpower available. The program will return to Council on a quarterly basis
to receive input or amended priorities for existing projects.
Council Member Cormack inquired into the Centranet Telephone System and
Mr. Powell explained the new system will allow access to City Hall Departments
by specific phone numbers instead of being directed through the switchboard.
Council Member Boggs expressed support of the work program, noting that
everyday courtesy and Council responsiveness to constituents should always be
a priority.
Council Minutes 11/26/91 -7-
RSCAt Mr. Caton explained this l i s t does not contain the day -to -day activities
in every Department which will continue. Rather, these are the special
projects which Council has directed staff to undertake.
Council Member Brazelton expressed concern that ongoing enforcement of
the Sign Code was not listed as a priority.
Mr. Rangel explained that with staff at such a low level, the Code
Enforcement Division is working on a reactive policy, responding to complaints
on a daily basis.
It was moved by Council Member Boggs, seconded by Council Member Cormack,
and unanimously carried to receive and file this report with the addition of
Sign Code enforcement as a priority.
OTHER BUSINESS - Council Members:
Council Member Cormack inquired into the status of holes and rebar
content in sidewalks. Staff was directed to review this matter.
Council Member Boggs referenced the neon lighting on the north side of
Rosecrans Avenue west of Lakewood Boulevard.
Council Member Boggs recommended staff make arrangements to pick up
Christmas Trees for green waste disposal.
Council Member Boggs noted further resident and School District
complaints on the day workers loitering at Paramount Bouelvard and Phlox
Street and requested expeditious handling of this matter.
Council Member Carter concurred regarding the problem with the day
workers. He noted police visibility has helped the situation and requested
continuance of patrolling this area.
OTHER BUSINESS - Staff Members: None.
ADJOURNMENT: 9:35 p.m. 7-1
The meeting was adjourned to 6 :30 p.m., December 10, 1991 in the Downey
City Council Chamber.
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9--Aif,taL qV29, 111
Afilittaikel..._'
udith E. McDonnell, City Clerk Barbara .0! Hayd• *, Mayor
Council Minutes 11/26/91 -8-