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HomeMy WebLinkAboutMinutes-09-09-80-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 9, 1980 T A B L E O F M I N U T E A C T I O N S SUBJECT: Appeal, Conditional Use Permit #102, 12802 Woodruff Av. (Calvary Chapel): Extend time limit on lancscaping to 6/1/80 Zone Change Case #163, 11105 Old River School Rd. ACTION: Approved Hearing closed; taken under submission to next meeting Appeal, zone Variance #133, 10033 Paramount B1'. (Lincoln Savings & Loan): Grant appeal & change Condition #1 to provide full amortization period per City Code on pole sign & allow sign on back of bldg. same size it is now Approved Removal of Items from Consent Calendar Minutes: Adj. Reg. Mtg., August 27, 1980 Corres. from L.A. County Bd. Supervisors re Recommendations on Fuel Reduction General Warrants: #185236 - 185404 #207362 - 207379 Ordinances: re Contract Zoning; & Zone Change Case #161, N/o Suva & E/o Scout Ord. #631, Amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #162) (7955 Cole St.) Ord. #632, Amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #164) (9034-9160 Florence AV.) Res. #3860, Proposing to Annex Certain Area to Ltg. Maint. Dist. AD 121 & Ordering Traffic Engr, to Prepare & File Report (Annex. 80/16 - Brookshire Av.) Res. #3861, Apprvg. Traffic Engr's. Report Annex. 80/16 - Brookshire Av. Approved, as amended Filed Approved Removed from Agenda; staff working on details w/applicant Adopted Adopted Adopted Adopted Res. #3862, Decl. Intention to Annex Area to Ltg. Maint. Dist. AD 121 (Annex. 80/16 - Brookshire Av.) Adopted; sets hearing 10/14/80 Res. #3863, Consenting to a Joint Public Hearing w/Community Dev. Comm. to Consider Formal Adoption of Redevelopmt. Plan Amndmt. #2 & EIR Adopted Join w/Cities of Pico Rivera, Commerce, Santa Fe Springs, & Bell Gardens for contracting w/consultant to assist in Cable Television Franchise process Appoint committee, one member from each Councilmanic Dist., re Cable TV Councilman Swearingen & Mayor Jackman appointed to meet w/joint cities committee re Cable TV Franchise; Don Wagner is staff representative Approved Approved PAGE NO. 2 i. 3 3 3 3 3 3 3 4 4 4 5 4 5 5 9 Page 1 of 2 COUNCIL MINUTES, SEPTEMBER 9, 1980 TABLE OF MINUTE ACTIONS (CONTINUED) 411*JX*6 Res. #3864, Auth. City Manager to Enter into Ext. of Contract w/State Dept. of Transportation f/Add'l. Police Security Patrol in I-105 Future Freeway Area Graffiti Abatement Program Construction of block walls in lieu of chainlink fences around City's well sites Study session re Uniform Fire Code & Uniform Building Code Present Proclamation to Judge Cook, who is retiring from Downey Municipal Court Joint meeting w/Planning Comm. to discuss proposed Condominium Conversion Ordinance Executive session re potential litigation Meeting adjourned to 4:30 p.m., 9/16/80, f/joint meeting w/Planning Comm. ACTION: PAGE NO. Adopted 5 City Manager directed to proceed w/organizing pilot program 6 Director of Public Works auth. to proceed on 50-50 basis with adjoining property owners 6 Set for 4:30 p.m., 9/22/80 6 Approved 6 Set for 4:30 p.m., 9/16/80 6 N 9 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 9, 1980 The City Council of the City of Downey held a regular meeting at 7:30 p.m., September 9, 1980, in the Council Chamber of the Downey City Hall, Mayor Theodore H. Jackman presiding. PRESENT: Council Members: Lyell W. Swearingen Milton R. Mackaig Mayor Pro Tem '.. James T. Quinn Robert G. Cormack Theodore H. Jackman Mayor ALSO PRESENT: Charles W. Thompson, City manager Royal M. Sorensen, City Attorney William A. Ralph, Director of Public Works Ronald W. Leege, Director of Finance John T. Neavill, Director of Parks & Recreation William F. Martin, Police Chief Don Davis, Fire Chief William A. Goggin,'City Planner Harry Rayson, Acting Building Official Harald J. Henriksen, City Engineer John H. Saunders, Personnel Officer Don Wagner, Administrative Assistant Thomas Tincher, Housing & Redevelopment Coordinator Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Councilman Cormack. The Flag Salute was led by Councilman Mackaig. HEARINGS Mayor Jackman opened the hearing on Appeal to Conditional Use Permit No. 102, 12802 Woodruff Avenue. He inquired if the City Clerk had the Affidavit of Publi- cation, and the response was yes. Mr. Goggin reviewed the location of the property which, he said, is the old White Front building. Calvary Chapel, the property owner, is proposing to expand use of the property into the C-4 zone, and all churches require a conditional use permit when expanding into the c-4 zone. Conditions were attached to the case on the basis the property was not developed to standards the ordinance now provides. It is the policy of the City that when converting a vacant building, it must be brought up to code. He stated the applicant is appealing some of the conditions that were approved by the Planning Commission which pertain to landscaping along Imperial and Woodruff frontages and five percent landscaping of the parking area. Mayor Jackman inquired if the City Clerk had received any correspondence on this matter, and the response was no. Mayor Jackman asked if there was anyone present to speak in favor of the appeal. Mr. John Looney, 14016 Sabina Drive, La Mirada, stated they are appealing only the landscaping portion of the conditional use permit. They are requesting an ex- tension of the time requirement placed by the Planning Commission. He said the time limit of putting in irrigated landscaped planters on Woodruff and Imperial - frontages and 34 percent of the parking area by January lst is unreasonable because of the time and financial impact it would have on the Church. Such an expenditure was not considered when planning the expansion on the property. He estimated the cost for the irrigated landscaping would be around $50,000. Mr. Looney said the plans submitted on the project are a master plan of what the Church projects can be done over a five -to -seven year period. He reiterated his request for an extension on the landscaping which he hopes would be for at least a year to June 1981. Mr. Looney was asked by Mayor Jackman if it is contemplated that all the landscaping work would be done by June 1981, and he replied yes, everything the conditional use permit requires. There being no one else to speak in favor and no one to speak in opposition, it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing. Council Minutes 9/9/80 -1- It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to grant the appeal to Conditional Use Permit #102 to the Calvary Chapel of Downey, Inc., to extend the time limit on the landscaping to June 1, 1981. Mayor Jackman opened the hearing on Zone Change Case #163, 11105 Old River School Road. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and so ordered to receive and file the Proof. Mr. Goggin reported on the location of the property, proposed plans for development, and the request to change the zone from R1-5000 to R-3 with a PUD. Mayor Jackman inquired if the City Clerk had received any correspondence on this matter, and the response was no. Mayor Jackman then asked if there was anyone present to speak in favor of the proposed zone change. Mr. Frank Evola, 7857 Florence Avenue, discussed development of the surround- ing properties, which he pointed out are a mixture of uses. He said consideration will be given to the R-1 properties directly to the north and west in the basic design of the proposed project to establish as much privacy as possible. The proposed condominium development on the property would become a natural and much needed buffer between the other properties. There being no one else to speak in favor and no one to speak in opposition, it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing. Councilman Mackaig asked that the zone change be taken under submission for two weeks, inasmuch as he would like to see the area involved. Taken under submission to the next meeting. Mayor Jackman opened the hearing on Appeal to Zone Variance #133, 10033 Paramount Boulevard. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to receive and file the Proof. Mr. Goggin reported on the location of the property which, he said, is cur- rently occupied by Coast Federal Savings & Loan. Lincoln Savings & Loan proposes to take over the location as soon as Coast moves. The appeal request is by Lincoln for keeping the signs on the property for the full amortization period rather than removing them in two years. The full amortization period would be approximately another seven years. He explained that when the sign company came in for approval of changing the face of the sign, approval was granted with the stipulation that all other signs shown on the plot plan be removed because they are over the square footage allowed by code. Councilman Mackaig indicated that because the building is flush up against Vons Market and Vons is almost twice as high, there is no way anyone could see the building without the sign. Mr. Thompson asked if Coast Federal stayed at that location, how much time would Coast have on the signs? Mr. Goggin replied they would have the balance of the amortization period of approximately 6;1 to 7 years. He pointed out the Sign Ordinance includes variables which provide a method for taking care of any problems that might occur. Mayor Jackman inquired if the City Clerk had received any correspondence on this matter, and the response was no. Mayor Jackman asked if there was anyone present to speak in favor of the appeal. Mr. Don Crocker, President of Lincoln Savings, said they would not have entered into the transaction with the owner of the property had they not been assured they would receive the pole sign for the amortization period that remained on that sign. He voiced the critical need for adequate signing in a key commercial location when Council Minutes 9/9/80 -2- competing with other major financing institutions and said the signs they would like to retain are the signs Coast Federal currently has on the building and parti- cularly the pole sign facing Florence. It is their understanding they had approval of the pole sign but needed a variance for the remaining signs, which they have requested. Mr. Crocker said all of the merchants in the Von's center have a sign on the rear of the building. They are willing to reduce the size of the sign on Paramount or have no sign on that side of the building so long as they have the other signs. Mr. Charles Pasterello, 7804 Dinsdale, representing the property owner, said it was their intention when leasing the property to have good, long-term tenants, which would benefit the City. Also, he thinks the building should be expanded to the corner. There being no one else to speak in favor and no one to speak in opposition, it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to grant the appeal and to change the last sentence in Condition No. 1 to read: "The existing pole sign shall be removed at the end of the amortization period as provided in the Downey Zoning Ordinance;" and to allow a sign on the back of the building the size it is -now. Mayor Jackman expressed concern regarding variances the Council is granting on signs in the City. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Cormack NOES: 1 Council Member: Jackman Mayor Jackman declared a recess from 8:35 p.m. to 8:40 p.m. The meeting resumed with all Council Members present. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-A, Minutes of Regular Meeting, August 26, 1980, were removed from the Agenda and will be placed on the next Agenda of September 23, 1980. CONSENT CALENDAR It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to approve the Consent Calendar: Minutes: Adjourned Regular Meeting of August 27, 1980, as amended. Correspondence from Los Angeles County Board of Supervisors regarding Recommendations relative to Fuel Reduction. General Warrants: #165236 - 185404; #207362 - 207379: $679,270.20. AYES: 5 Council Members: Mackaig, Swearingen, Quinn, Cormack, Jackman ORAL COMMUNICATIONS - Items not on Agenda: None :�11 q_by i-l"NOi At the request of the City Attorney, the proposed Ordinances pertaining to Contract Zoning, and Zone Change Case #161, North of Suva Street and east of Scout Avenue, were removed from the Agenda. Mr. Sorensen suggested rather than placing these Ordinances back on the Agenda for the next meeting, that when staff can work out the mechanics with the applicant, then the material will be submitted to the Council for whatever action it may de- sire. There were no objections. ORDINANCE NO. 631 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (ZONE CHANGE CASE NO. 162) (7955 COLE STREET) The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. Council Minutes 9/9/80 -3- �� y-)-' It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Ordinance No. 631. ORDINANCE NO. 632 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (ZONE CHANGE CASE NO. 164) (9034-9160 FLORENCE AVENUE) The Ordinance was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Ordinance No. 632. RESOLUTION NO. 3860 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROPOSING TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT AD 121 AND ORDERING THE CITY TRAFFIC ENGINEER TO PREPARE AND FILE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (ANNEXATION 80/16 - BROOKSHIRE AVENUE) The Resolution was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No. 3860. RESOLUTION NO. 3861 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE CITY TRAFFIC ENGINEER'S REPORT FOR THE ADDITION TO LIGHTING MAINTENANCE DISTRICT AD 121 OF ANNEXATION 80/16 - BROOKSHIRE AVENUE The Resolution was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No. 3861. RESOLUTION NO. 3862 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT AD 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES UNTIL JANUARY 31, 1983 (ANNEXATION 80/16 - BROOKSHIRE AVENUE) The Resolution was read by title only. Pending further review by the City Attorney, adoption of the Resolution was withheld to later in the meeting. (Adopted on Page 5.) RESOLUTION NO. 3863 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONSENTING TO A JOINT PUBLIC HEARING WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY TO CON- SIDER FORMAL ADOPTION OF THE REDEVELOPMENT PLAN AMENDMENT NO. 2 AND ENVIRONMENTAL IMPACT REPORT The Resolution was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No. 3863. Council Minutes 9/9/80 -4- C;�_,4'y CASH CONTRACTS - None MISCELLANEOUS ACTIONS It was moved by Councilman Cormack, seconded by Councilman Quinn, and passed by the following vote to join the cities of Pico Rivera, Commerce, Santa Fe Springs, and Bell Gardens for the purpose of contracting with a consultant to assist in the Cable Television Franchise process. At the suggestion of Councilman Mackaig, the Council discussed forming a committee with one member from each Councilmanic District. AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to appoint a representative citizens group, one member from each Councilmanic District, and that the committee be instructed accordingly as to what its job will be as far as following up on instituting the possibility of cable TV in the City of Downey. Councilman Mackaig strongly suggested each Councilman have his appointee ready by the next Council Meeting. AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman Councilman Swearingen and Mayor Jackman were appointed to meet with the committee of the other cities on the proposed Cable TV Franchise. Don Wagner is the staff representative. RESOLUTION NO. 3862 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT AD 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES UNTIL JANUARY 31, 1983 (ANNEXATION 80/16 - BROOKSHIRE AVENUE) Mr. Sorensen said all his questions on the resolution have been resolved. It was moved by Councilman Swearingen and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No. 3862. (Sets the hearing for October 14, 1980.) CITY MANAGER'S REPORT RESOLUTION NO. 3864 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EXTENSION OF THE CONTRACT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR ADDITIONAL POLICE SECURITY PATROL IN THE I-105 FUTURE FREEWAY AREA The Resolution was read by title only. Mr. Thompson explained this is an additional action which has to be taken be- cause the State has lost the City's previous application. It was moved by Councilman Swearingen and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No. 3864. Mr. Thompson commented on a program instituted in.another city, whereby neighborhood youth were employed to help enforce and work with programs of Graffiti Abatement. He suggested with Council permission the possibility of staff develop- ing a format for a trial program in the City of Downey. Councilman Quinn referred to the successful program in the City of Lynwood, whereby they have hired the gangleaders themselves to remove the graffiti. He Council Minutes 9/9/80 -5- said the director of the program would be available to discuss this with the City of Downey. Mayor Jackman pointed out that his business is located by the boundary between Downey and Paramount and the graffiti is not necessarily done by people who live in Downey. Mr. Thompson suggested the possibility of a joint program with the City of Paramount. Mr. Thompson was then directed to proceed with organizing a pilot program. STAFF REPORTS j Mr. Ralph commented on the costs for the City to pay the total amount for construction of block walls in lieu of chainlink fences around the City's well sites. He said the original estimate for a sharing program with adjacent owners was $100,000 to be spread over two years--$60,000-has been budgeted this year and $40,000 was intended to be budgeted next year. $125,000 would be the total cost for the City to construct the walls. It would then be necessary to budget $65,000 next year. Mr. Ralph pointed out the three owners adjacent to Rundell are inter- ested and have agreed to pay half the cost for block walls at this time. During discussion, he explained it would be staff's intent to build a block wall across the front of the well site, including a wooden gate. The rest of the block wall would be in the rear yards of adjacent owners. If the side of a well site fronts onto a street, that side would also be considered as frontage. Mr. Ralph was instructed to proceed with constructing block walls on a 50-50 basis; that if the adjacent owner is not willing to pay his share, then the side fence would be chainlink. Chief Davis requested on behalf of the Building & Safety Division and Fire Department that the Council set a study session prior to the next meeting to dis- cuss the Uniform Fire Code and Uniform Building Code. The study session was set for 4:30 p.m., September 22, 1980. ORAL COMMUNICATIONS - City Council It was moved by Councilman Mackaig, seconded by Councilman Cormack, and so ordered to present a Proclamation, for his many years of service, to Judge Cook, who is retiring from the Downey Municipal Court. Councilman Mackaig referred to the proposed Condominium Conversion Ordinance and said the moratorium is due to expire around January 1st. He suggested the Council meet with the Planning Commission to give them some direction. During discussion, Mr. Goggin explained the need for setting standards on apartment conversion to condominiums. There should be guarantees that the plumb- ing and roof are in good condition. The standards would be a guarantee that the conversion is satisfactory for habitation as a single family residence. A joint meeting with the Planning Commission was set for 4:30 p.m., September 16, 1980. ORAL COMMUNICATIONS - Audience Mr. David Ray, 7338 Nada Street, mentioned -two weeks ago he commented on a real estate company operating in the City without a Business License. He has also read a recent newspaper article concerning business license problems. He dis- cussed the reason he believes the City needs a Business License Inspector. Mayor Jackman recessed the meeting to executive session from 9:36 p.m. to 10:02 p.m. to discuss potential litigation. The meeting resumed with all Council Members present. -- There being no further business to come before the City Council, the meeting was adjourned at 10:02 p.m. to 4:30 p.m., September 16, 1980, in the Council Chamber of the Downey City Hall, for joint meeting with the Planning Commission. _&al�Kz Robert L. ShandCity Clerk -Treasurer Council Minutes 9/9/80 C.