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HomeMy WebLinkAboutMinutes-12-09-80-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 9, 1980 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Dance Permit of William E. Darrow at Jammer's Junction, 11010 South Paramount B1: Adopt findings & revoke dance permit Approved Appeal, Zone Variance #141, 12204 Marbel Hearing cont'd, to 1/13/81 Appeal, Zone Variance #142, 9459 Raviller Granted with 5' setback Appeal, Zone Variance #143, 10226 Lakewood Approved as requested Res. #3896, Apprvg. Sale of Land provided for in Disposition & Dev. Agmt..w/Hometels Dev. Corp. & finding consideration to be made to Comm. Dev. Comm. for said sale is not less than Fair Market Value Adopted Res. #3897, Apprvg. Sale of Land provided for in Disposition & Dev. Agmt. w/Republic Dev. Co. & Finding consideration to be made to Comm. Dev. Comm. for said sale is not less than Fair Market Value Adopted Res. #3898, Confirming Assessments for - Chapter 27 Proceedings f/Assmt. Dist. #122, Sites 1-6, W/s Orizaba S/o Orange Adopted Corres. from County Bd. Supervisors urging Local Ords. requiring Fire Retardant Roofs Filed Corres. from State Senator Wm. Campbell re Master Plan for Youth Planning & Dev. Filed CC #472, Orizaba S/o Orange: Accept contract Approved SS Proj. #353, Citywide Slurry Seal for FY 80-81: Accept contract Approved General Warrants: #187102 - 187326 #207646 - 207687 Approved 79-80 Financial Report subm. by Downey Theatre Assn. Received & filed Ord. #645, Amending Zoning Map adopted by Sec. 9106.06 DMC (Planning Res. #397 Zone Change Case #165)(13235 Woodruff Av.) Adopted Ord. #646, Amending Zoning Map adopted by Sec. 9106.06 DMC (Planning Res. #398, Zone Change Case #166(10913 LaReina Av.) Adopted Ord. #647, Adding Sec. 8417.1 to DMC re National Electrical Code Adopted Ord. #648, Amending DMC by Adding Sec. 9166.05 re Conditional Use Permits Adopted Ord. amending DMC by adding Secs. 9110.10(3), et al, re Zoning (Condominium Conversions) Introduced Ord. adding Part 8 to Chptr. 4 of Art. 2 of DMC re Downey Arts Council Introduced Ord. #649, Amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #154) (DIE Corner Gallatin & Lakewood) Adopted 2 3 4 4 5 6 6 6 6 6 6 6 6 6 7 7 8 9 9 Page 1 of 2 COUNCIL MINUTES, DECEMBER 9,1980 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: PAGE NO. Res. #3899, Proposing to Annex area into Ltg. Maint. Dist. AD 121 & Ordering Traffic Engr. to prepare & file report (Annex. 81/1 - Rives Av.) Adopted 9 Res. #3900, Apprvg. City Traffic Engr's. Report for Addn. to Ltg. Maint. Dist. AD 121, Annex. 81/1 - Rives Av. Adopted 10 Res. #3901, Decl. Int. to Annex area into Ltg. Maint. Dist. AD 121, Annex. 81/1 Adopted; sets hearing 9/13/81 10 Res. re Notice of Spec. Mun. Election - Recall of City Officer, & Res. req. Bd. Supervisors to permit Registrar/Voters to render specified services for Recall Election Pulled from Agenda 10 Increase in Rio Hondo Golf Course Green Fees & Cart Rental Fees, eff. 1/1/81 Approved 10 CC #444A, Apollo Park Neighborhood Center: Accept contract; extra work & maintenance Approved 10 Wheelchair Ramp Installation Policy Approved w/change in Policy D 11 Amendment to Joint Powers Agmt. w/SE Area Animal Control Auth. Approved 11 Status of Sign Ordinance Study session set for 12/15/80 11 We Tip, Inc. (witness anonymous): Appropriation for support of program Approved 11 Addendum to Operating Agmt. w/Security Pacific National Bank Approved 11 Zone Change Case #167, 8840-70 Lindell Av. Hearing set for 12/23/80 11 Establish Appropriation Limits Res. to be on next Agenda 11 Request for building permit on Firestone Bl. w/proposed R/W dedication Approved 12 Meeting adjourned to 5:00 p.m., December 15th 12 Page 2 of 2 6 '70 ,3 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 9, 1980 The City Council of the City of Downey held a regular meeting at 7:30 p.m., December 9, 198.0, 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 John T. Neavill, Director of Parks & Recreation William F. Martin, Police Chief Don Davis, Fire Chief William A. Goggin, City Planner Harry Rayson, Building Official Harald J. Henriksen, City Engineer Charles G. Eccleston, Traffic Engineer John H. Saunders, Personnel Officer John Thomason, Risk Manager Robert Brace, Civil Engineer Thomas Tincher, Housing & Redevelopment Coordinator Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary - The Invocation was delivered by Reverend Don Spaulding, Seventh Day Adventist Church. The Flag Salute was led by Councilman Cormack. I' uffek , Mayor Jackman opened the continued hearing to determine whether the Permit of William E. Darrow to conduct public dances at 11010 South Paramount Boulevard should be allowed. He asked Councilman Cormack if he has listened to the tape re- cording of the hearing conducted on November 25, 1980, and reviewed the written material, including petitions. Councilman Cormack replies yes. It was moved by Councilman Cormack and seconded by Councilman Quinn to close the hearing. Councilman Mackaig mentioned he has stopped by Jammer's Junction on three or four occasions during the past four weeks, unannounced, and he has been in Jammer's Junction before there were any changes made. He sees a definite improvement, and as a businessman, he would like to allow Mr. Darrow to operate with the dance permit for whatever probation period the Council can agree, and if there are any problems during that time, the permit will be revoked. Councilman Quinn said his position has not changed --he still believes the reports speak for themselves. Councilman Cormack stated he has listened to the tape of the hearing and heard nothing to make him change his mind. Mr. Sorensen said if the Council is going to vote to revoke the permit, it should then make some findings. He suggested the Council consider the following findings as being appropriate: "That while the applicant had a dance permit he operated the establishment so as to constitute a nuisance in the neighborhood by: (1) Noise from the dance music bothering the neighborhors; (2) The patrons creat- ing disturbances that bothered the neighbors; (3) That the premises were operated under the dance permit and the dance permit was used so as to require an excessive number of Police responses to the establishment in order to maintain the peace and quiet of the neighborhood; and (4) That the manner in which the premises were operated under the dance permit were a danger to and an interference with and the disturbance of the public peace, health or safety of the City or its inhabitants and that it was conducted in an improper and disorderly manner." It was moved by Councilman Cormack, seconded by Councilman Quinn, and passed by unanimous vote to approve and adopt the findings as stated by the City Attorney. Council Minutes 12/9/80 -1- It was moved by Councilman Cormack, seconded by Councilman Quinn, and passed by unanimous vote that based upon the findings as adopted, that the dance permit be revoked. Mayor Jackman mentioned a letter has been received from Mr. Dale Jones requesting the hearing on Appeal to Zone Variance #141, 12204 Marbel Street, be continued to January 13, 1981, inasmuch as he has another matter pending on December 23rd and apparently is out of town this evening. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to continue the hearing to 7:30 p.m., January 13, 1981, in the Council Chamber of the Downey City Hall. Mayor Jackman opened the hearing on Appeal to Zone Variance #142, 9459 Raviller Drive. 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 Cormack, and so ordered to receive and file the Proof. Mr. Goggin reported on the location of the property with the surrounding pro- perty zoned R-1. He said the application requests modification of the 20 foot rear yard setback to 5 feet for a proposed addition to the home. The Planning Commission indicated at its meeting of October 15th that they felt they would modify the request to 7 feet rather than 5 feet. But subsequent to that, the applicant appealed prior to a Planning Commission decision on the matter. At the Commission meeting of November 5th, after reviewing the property, the commission changed its opinion and voted that the setback should be held to ten feet. He responded to questions regarding development of the surrounding properties, noting that one of the adjoining properties has a non -conforming use, which cannot be considered as justification for approval of a zone variance since non -conforming uses by code are not permitted uses. Referring to the Planning Commission Minutes, Councilman Swearingen said the hearing was closed and there was approval of the 7-foot setback; then the Planning Commission reopened it again. He questioned the reason for two actions on this matter. Mr. Goggin explained it was the Commission's decision after further discussion to hold off its action and review the property. Councilman Cormack pointed out there was a motion approved by the Commission and that the second motion would be out of order. Mr. Goggin said he would have to review the tape to see how the actions took place. Mayor Jackman inquired if the City Clerk had received any correspondence, and the response was no. Mayor Jackman then inquired if there was anyone present to speak in favor of the appeal. Mr. Gary Almas, 9459 Raviller Drive, commented on the time spent drawing up plans for the master bedroom addition to his home and noted the location selected for the addition was the only place it could be done in view of the way the swimming pool and home are located on the property. The building on the adjoining property is 18 inches from the property line, which is adjacent to Mr. Almas' swimming pool. There being no one else present 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. Mayor Jackman asked if the 10-foot setback approved by the Planning Commission would effect the utility of the master bedroom since the applicant's plan shows a 5-foot setback. Mr. Almas explained he is proposing a master bedroom with adjoining bathroom and jacuzzi and to cut back 5 feet he would lose the aesthetic design. Also, there is no other place on his property where he can locate his addition. Councilman Cormack stated the Commission's original recommendation was the 7-foot setback, which is what they approved, and the Council's consideration should be based on the 7 feet and not 10 feet. Council Minutes 12/9/80 -2- /G'S It was moved by Councilman Mackaig and seconded by Councilman Swearingen to grant the Appeal to Zone Variance #142 as to the 5-foot setback. It was moved by Councilman Cormack and seconded by Mayor Jackman to amend the motion to insert 7 feet instead of 5 feet. Roll call vote on amended motion: AYES: 2 Council Members: Cormack, Jackman. NOES: 3 Council Members: Swearingen, Mackaig, Quinn Failed. Roll call vote on original motion to grant the appeal with the 5-foot setback: AYES: 3 Council Members: Swearingen, Mackaig, Quinn NOES: 2 Council Members: Cormack, Jackman Mayor Jackman opened the hearing on Appeal to Zone Variance #143, 10226 Lakewood 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 explained the Zone Variance concerns the Security Pacific Bank, which is an existing commercial building in a commercial zone. He said the request is for nine signs, and the bank has approval of a second story structure. The pole sign which was a non -conforming sign has been removed, and the bank is asking for a severe modification from what was existing. Mr. Goggin commented on the proposed locations for each of the requested signs. The Planning Commission approved signs designated as A, C, G and F--they refused B, D, and E. However, the Commission did note that if the Council modifies the Sign ordinance so that the signs would be permitted uses, signs D and E would be granted. Mr. Goggin responded to questions regarding the size of signs requested, the proposed locations of the signs, and what is permitted under the City's Sign Ordinance. He said signs have been re- quested which are not permitted by Code, and until the Code is changed there should be no approval of those signs. Mayor Jackman inquired if the City Clerk had received any correspondence, and the response was no. Mayor Jackman then inquired if there was anyone present to speak in favor of the appeal. Mr. Bob Van Gerpen, 1120 Towne Avenue, Los Angeles, representing Security Pacific Bank, said he is requesting approval of three non -illuminated signs that were not approved by the Commission, which are: (1) a 10" by 7'4" identification sign over the southerly entrance of the building facing the parking lot; (2) a 3' by 319" logo sign with the bank name facing Vultee--The Commission had approved a 12' by 19" logo sign with no wording; and (3) a parking direction and motor banking sign, one-half the size of the existing sign --this sign was approved by the Commis- sion saying the copy on the street side had to be removed. The bank is planning to open its drive-thru facility in January. Mr. Joaquin Ledesma, 9034 Baysinger, said during the remodeling period bank employees have parked in front of his home and across the street to the east on Baysinger, and the street does not get swept. There being no one else to speak in favor, Mayor Jackman asked if there was anyone present to speak in opposition. Mr. Bob Brazelton, 10029 Birchdale, said he is present at the meeting to dis- cuss the Sign Ordinance if it is discussed by the Council. He stated he does not feel the City's Sign Ordinance should be violated unless there are good reasons to do so, and in this instance he does not see any reason. Mr. Brazelton does not think anyone would have a problem locating the bank, the parking lot, or drive-thru teller. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing. Councilman Swearingen said as a businessman, he feels Mr. Van Gerpen should be allowed to have the signs he needs for his business. Council Minutes 12/9/80 -3- 6,176 Councilman Cormack indicated the Commission has done a good job in evaluating proper identification for the bank, and he feels that if the Council continually goes against the Commission it should consider abandoning it. Mayor Jackman mentioned he has done business with Security Pacific Bank in this City for approximately 35 years, and he does not feel a lot of signing is that important. Consideration should be given to appearance of the City and its signs. It was moved by Councilman Cormack and seconded by Mayor Jackman to deny the appeal. AYES: 2 Council Members: Cormack, Jackman NOES: 3 Council Members: Swearingen, Mackaig, Quinn Failed. It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed by the following vote to grant the appeal and approve the Zone variance as requested. AYES: 3 Council Members: Swearingen, Mackaig, Quinn NOES: 2 Council Members: Cormack, Jackman Mayor Jackman declared a recess from 8:44 p.m. to 8:55 p.m. The meeting resumed with all Council Members present. Mayor Jackman opened the hearing on and Development Aareement with Hometels the Ci Proo ect Disposition , and the response was yes. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to receive and file the Proof. Mr. Tincher reported on the proposal of Hometels Development Corporation for a hotel in Subarea D of the Downey Redevelopment Project. State Redevelopment Law requires the City Council must approve the sale of property by the Communinity Development Commission and make certain findings relative to that sale. He stated the proposal consists of a minimum 250 room hotel of a minimum four stories, which will be architecturally integrated to an overall theatre -convention center, hotel - office complex. The agreement requires that Hometels commit to a minimum $15 million facility. The proposal would require the Commission to acquire some City land approximately 100 feet north of Second Street to the northerly boundary of Firestone Boulevard, east of Dolan Avenue and surrounding the Theatre complex. The property would be acquired at fair market value, and the Commission would then sell the pro- perty to Hometels, at which time Hometels would initiate construction of the facility. In addition, Hometels would also commit to demolition of the existing City Hall facilities and absorb those costs, whiuh the City would retain ownership of, and also develop a public parking area to the north of the hotel. As part of the overall development, Republic Development Company is in a position to commit to construction of a minimum 40,000 square foot office building of a minimum four stories. Mr. Tincher stated the overall cost for the Commission to acquire property from the City is estimated at $2.2 million, plus $43,000 relocation costs, for a total of $2,243,000. Hometels will contribute $2,126 000. Mr. Tincher commented on the estimated interest costs the Commission would incur for thee -advance from the City and on the land acquisition. There would be $1 million down payment consistent with terms of the agreement the Commission would have with Hometels. The estimated re -use value of the property is approximately $1,940,000. Therefore, Mr. Tincher stated, the finding is that the Hometels total consideration is greater than the market value of the land it is acquiring. Mayor Jackman inquired if the City Clerk had received any correspondence, and the response was no. There being no one present to speak to the Disposition and Development Agree- ment with Hometels Development Corporation, it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing. RESOLUTION NO. 3896 ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE SALE OF LAND AS PROVIDED FOR IN THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH HOMETELS DEVELOPMENT CORPORATION AND FINDING THAT THE CONSIDERA- TION WHICH IS TO BE MADE TO THE COMMUNITY DEVELOPMENT COMMISSION FOR SAID SALE IS NOT LESS THAN FAIR MARKET VALUE Council Minutes 12/9/80 -4- 6� '/r The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Cormack to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Cormack, and passed by the following vote to adopt Resolution No. 3896. Councilman Swearingen indicated that inasmuch as he has a small interest in part of the property he will abstain from voting on the Resolution. AYES: 4 Council Members: Mackaig, Quinn, Cormack, Jackman ABSTAIN: 1 Council Member: Swearingen Mayor Jackman opened the hearing on Downey Redevelopment Project Disposition and Development Agreement with Republic Development Company. 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. Mayor Jackman inquired if the City Clerk had received any correspondence, and the response was no. Mr. Tincher explained the proposal will include the Community Development Commission commencing with acquisition of parcels comprising the site located at the northwest corner of Dolan and Firestone northerly along Dolan and westerly on ,the south side of Second Street to encompass four parcels. The estimated acquisi- tion costs by the Commission for the property will amount to approximately $1 million; there would be no clearance costs; the relocation costs are estimated at $185,000 for existing occupants of the property; and the estimated costs for street and sidewalk improvements along Firestone are estimated at $47,500. The total cost to the Commission is estimated at $2,232,500, with estimated land sale price to Republic at $845,500, for a net cost to the Commission of $387,000, which would be paid out of tax increment moneys of $45,000 a year generated by develop- ment of the site. The estimated interest costs per year to the Commission for advance of moneys from the City to cover costs and contractural services is $27,000. The estimated re -use value of property being conveyed to Republic is $598,500 and is less than the estimated land sale value to Republic. The finding is that the estimated land sale price is greater than the fair market re -use value established for the property that will be conveyed to Republic Development Company. There being no one present to speak to the Disposition and Development Agree- ment with Republic Development Company, it was moved by Councilman Swearingen, seconded by Councilman Mackaig, and so ordered to close the hearing. RESOLUTION NO. 3897 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE SALE OF LAND AS PROVIDED FOR IN THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH REPUBLIC DEVELOPMENT COMPANY AND FINDING THAT THE CONSIDERATION WHICH IS TO BE MADE TO THE COMMUNITY DEVELOPMENT COMMISSION FOR SAID SALE IS NOT LESS THAN FAIR MARKET VALUE The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Quinn to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Quinn, and passed by the following vote to adopt Resolution No. 3897. AYES: 4 Council Members: Mackaig, Quinn, Cormack, Jackman ABSTAIN: 1 Council Member: Swearingen Mayor Jackman opened the hearing of protests on Chapter 27 Improvements on Assessment District #122, Orizaba Avenue south of Orange Street. He inquired if the City Clerk had the Affidavit of Posting and Mailing Notices, and the response was yes. Mr. Henriksen reported on the improvements completed and the costs for each of the properties involved, Sites 1 through 6. Mayor Jackman inquired if the City Clerk had received any written protests or objections, and the response was no. Council Minutes 12/9/80 -5- There being no one present to speak in protest, it was moved by Councilman Swearingen, seconded by Councilman Mackaig, and so ordered to close the hearing. RESOLUTION NO. 3898 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENTS FOR CHAPTER 27 PROCEEDINGS FOR ASSESSMENT DISTRICT NO. 122, SITES 1 THROUGH 6, WEST SIDE OF ORIZABA AVENUE SOUTH OF ORANGE STREET 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. 3898. CONSENT CALENDAR It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to approve the Consent Calendar: Corresponndence from Los Angeles County Board of Supervisors urging Local Ordinances requiring Fire Retardant Roofing. Correspondence from State Senator William Campbell regarding Master Plan for Youth Planning and Development. Cash Contract #472, Orizaba Avenue south of Orange Street: Accept construc- tion contract and maintenance responsibility for street improvements constructed (A/C #40-14438 & #26-16233). S.S. Project #353, Citywide Slurry Seal for Fiscal Year 1980-81: Accept the cash contract (A/C #26-16229, #10-4-5428, & #10-4-3311). General Warrants: #187102 - 187326; #207646 - 207687: $767,438.67. AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman ORAL COMMUNICATIONS - Items not on Agenda: None ACTION It was moved by Mayor Jackman, seconded by Councilman Swearingen, and so ordered to receive and file the 1979-80 Financial Report submitted by the Downey Theatre Association. ORDINANCES ORDINANCE NO. 645 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 (PLANNING RESOLUTION NO. 397, ZONE CHANGE CASE NO. 165) (13235 WOODRUFF AVENUE) The ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Ordinance No. 645. ORDINANCE NO. 646 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 (PLANNING RESOLUTION NO. 398, ZONE CHANGE CASE NO. 166) (10913 LA REINA AVENUE) The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Ordinance No. 646. Council Minutes 12/9/80 -6- ORDINANCE NO. 647 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 8417.1 TO THE DOWNEY MUNICIPAL CODE RELATING TO THE NATIONAL ELECTRICAL CODE The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Ordinance No. 647. ORDINANCE NO. 648 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING THERETO SECTION 9166.05, WHICH SAID SECTION RELATES TO CONDITIONAL USE PERMITS The Ordinance was read by title only. Mr. Goggin explained he spoke with the City Attorney, and the third paragraph under Item (2) on Page 2 was changed for clarity to read: "In determining whether to grant a conditional use permit pursuant to this section, the City Council shall be governed by the provisions of Section 9166.12 and 9166.14, and before granting such permit, shall also find that conditions affecting the property make it impractical to pursue any of the uses which are specifically permitted in the zone in which the property is located and shall find that the proposed use, subject to the conditions imposed by said sections and such additional conditions imposed as the Council may deem necessary, make the proposed use compatible with the existing uses in the area and that by reason of the zoning pattern in the area such proposed use provides a reasonable development for the specified property." It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Ordinance No. 648. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING SECTIONS 9110.10(e), 9114.04(e), 9114.08(b), 9118.08(h) AND (i), 9120.06(i) AND (j), 9122.06(m) AND (n), 9124.06 (a g) AND (a h), 9126.06(i) AND (j), 9128.08(q) AND (r), 9130.08(q) AND (r); AMENDING SECTIONS 9132.04(b) AND ADDING (d) AND (e), 9132.10(d) AND ADDING (e) AND (f); THE RENUMBERING OF THE ABOVE SECTIONS AND THE ADDING OF SECTION 9133, ALL OF WHICH RELATES TO ZONING The Ordinance was read by title only. Mr. Goggin stated a memo has been submitted concerning planning Commission review of the suggested changes by councilman Mackaig. He indicated the Ordinance can be adopted and then amendments can be made. A discussion was held regarding Section 9133.22 - Final Inspection Report. Mr. Goggin explained this is identical to a regular subdivision. He pointed out that on condominiums, in checking with other cities, every city is requiring a bond or the work to be done before it is finally accepted. Councilman Swearingen indicated he has talked to three different contractors, and they said they would not loan on this type of an operation. Mr. Sorensen explained there would be an agreement with the subdivider that he will meet the conditions --the bond would guarantee performance of the agreement. Mr. Goggin reviewed the Commission's consideration of the following sections of the Ordinance as to the suggestions made by Councilman Mackaig: Council Minutes 12/9/80 -7- Section 9133.10 - Conversion Restrictions: The Commission recommends reduc-. ing five years to three years. section 9133.16(d) - Parking: The Commission recommends no change. Section 9133.16(f) - Property Storage: The Commission recommends no change. Section 9133.18(d) - Roofs: The Commission recommends reducing seven years to five years. Section 9133.20 - Maintenance Fund: The Commission recommends no change. Mr. Goggin commented on the formula contained in Section 9133.20 - Maintenance Fund, which he said is a guarantee that major repairs will be made. Major repairs concern roofing, plumbing, electrical, paving in the parking area, etc. Councilman Cormack questioned who will be the arbitrator to decide what is or is not major. Mr. Goggin explained that contained in Section 9133.20 is a statement which says, "The use of this fee sha41 be established by the City -approved By -Laws for each development." Speaking further to the Planning Commission's review, Mr. Goggin indicated the Commission has recommended the following changes: Section 9133: Change "apartments" to "buildings." Section 9133.18(a)(1) - Design Requirements: Add "Such review shall be con- ducted by the Design Review Board." Section 9133 18(g)(2) - Utilities: Add "if applicable." The Commission feels this should be added for clarification. If left as is, shut-off valves would be mandatory. Mr. Thompson suggested the words "if feasible" might be more appropriate. It was a concensus of the Council that the words "if applicable" should be left out. Section 9133.18(h)(1) - Plumbing: Change the word "certifies" to "determines." Mr. Goggin stated that under Section 9133.22, it is recommended Subsection (a) be added to read: "(a) In the event any improvements shall not be completed to the satis- faction of the City before the final map is filed, the subdivider shall, prior to the approval of the final map by the City Council, enter as a contractor into an agreement with the City whereby, in consideration of the acceptance by the City Council of the final map and the approval of the final map, the subdivider, as such contractor, agrees to complete all such requirements as are set forth in Section 9133.14 of the Downey Municipal Code and in accordance with City standards within the time specified in such agreement. Upon entering into any agreement pursuant to this section, it shall be required that performance of such agreement be guaranteed by the security specified in Chapter 5 of the Subdivision Map Act." Councilman Swearingen read a letter addressed to Mr. D'Alessandro from Bank of America regarding the bank being unable to close a loan until a subdivision map has been recorded. Mr. Goggin stated that adding Subsection (a) will clarify it so that people will be able to get financing. Mr. Sorensen explained Section 9133.22(a) is part of the Ordinance being offered for introduction. It was moved by Councilman Cormack and seconded by Councilman Quinn to waive further reading. It was moved by Councilman Cormack, seconded by Councilman Quinn, and passed by the following vote to introduce the Ordinance. Council Minutes 12/9/80 -8- Mr. Goggin stated as to the recommendations of the Planning Commission, since there were no objections by the Council, those items are also in the Ordinance. Councilmen Swearingen and Mackaig each indicated that possibly the words "if applicable" should not be deleted from Section 9133.18(g)(2) concerning shut-off valves. Councilman Cormack said there should be one shut-off valve for each unit, and it would be better to put it in at the time of the conversion rather than later when problems occur. Discussion followed. Councilman Mackaig said he is opposed to the requirement for two parking spaces per unit with one covered. He would like to see the last paragraph of the Ordinance state something to the effect that "this is just a guideline to go by" so that if a person can meet almost but not all of the requirements he can at least come into City Hall and discuss it with staff. Mr. Goggin said the property owner can always ask for a variance. Mr. Sorensen explained it would be difficult to draft language such as suggested by Councilman Mackaig because it could destroy the whole Ordinance and make it un- certain. He said if there is a hardship or concrete reason for deviating from the regulations adopted, then there is the variance procedure, which gives the Planning Commission and City Council necessary control. Councilman Mackaig feels the formula per unit contained in Section 9133.20 - Maintenance Fund, is too high and he would like it to be $250 maximum per unit. Roll call vote on introduction of the Ordinance: AYES: 4 Council Members: Swearingen, Quinn, Cormack, Jackman NOES: 1 Council Member: Mackaig ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING PART 8 TO CHAPTER 4 OF ARTICLE 2 OF THE DOWNEY MUNICIPAL CODE CONSISTING OF SECTIONS 2480 THROUGH 2484, WHICH SECTIONS RELATE TO THE DOWNEY ARTS COUNCIL The Ordinance was read by title only. it was moved by Councilman Swearingen and seconded by Councilman Cormack to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Cormack, and passed by unanimous vote to introduce the Ordinance. ORDINANCE NO. 649 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED SY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (ZONE CHANGE CASE NO. 154) (NORTHEAST CORNER OF GALLATIN AND LAKEWOOD) The Ordinance was read by title only. It was moved, by Councilman Swearingen and seconded by Councilman Cormack to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Cormack, and passed by unanimous vote to adopt Ordinance No. 649. RESOLUTIONS RESOLUTION NO. 3899 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 81/1 - RIVES AVENUE) The Resolution was read by title only. It was moved by Councilman Cormack and seconded by Councilman Quinn to waive further reading. Council Minutes 12/9/80 -9- �g12- It was moved by Councilman Cormack, seconded by Councilman Quinn, and passed by unanimous vote to adopt Resolution No. 3899. Mr. Eccleston gave his report on the proposed Lighting District Annexation, noting the petition was signed by 89 percent of the property owners by area on Rives Avenue. A copy of the report is on file in the office of the City Clerk. RESOLUTION NO. 3900 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 81/1 - RIVES AVENUE The Resolution was read by title only. It was moved by Councilman Cormack and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Cormack, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3900. RESOLUTION NO. 3901 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 81/1 - RIVES AVENUE) The Resolution was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Cormack to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Cormack, and passed by unanimous vote to adopt Resolution No. 3901. (Sets the hearing for 7:30 p.m., January 13, 1981.) Mr. Sorensen said the Resolutions regarding Notice of Special Municipal Elec- tion - Recall of City Officer, and Requesting the Board of Supervisors to permit Registrar of Voters to render Specified Services for Recall Election will have to be pulled by virtue of the restraining order that was issued by the Judge on Monday. There is a hearing scheduled on the Order to Show Cause on the 23rd of the month, and depending on what happens at that time, the Council may or may not be able to act on the Resolutions. It was moved by Councilman Mackaig, seconded by Councilman Cormack, and passed by unanimous vote to approve the increase in Rio Hondo Golf Course Green Fees and Cart Rental Rates effective January 1, 1981. CASH CONTRACTS It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to accept the construction contract, approve extra work in the amount of $1,032, and accept maintenance responsibility for improvements under Cash Contract #444A, Apollo Park Neighborhood Center (A/C #28-20300 & #28-20301). MISCELLANEOUS ACTIONS It was moved by Councilman Swearingen, seconded by Councilman Cormack, and passed by the following vote to approve the Wheelchair Ramp Installation Policy. Councilman Cormack suggested something be done to highlight the wheelchair ramp depressions, such as adding some bright paint. Mr. Thompson said staff will check to see if there is any kind of standard marking that can be done. Councilman Mackaig requested an explanation of Policy Item D, which reads, "Wheelchair ramps shall be required in conjunction with all planning case approvals, when applicable, as determined by the City Engineer." Mr. Thompson stated that where there has been a variance with improvements taking place, the City will apply requirements calling for City improvements. Par- ticularly in cases where curb and gutter work is being done, wheelchair ramps could be required. Council Minutes 12/9/80 -10- Mr. Goggin commented on some areas where there is no possibility of a tie-in because there are no sidewalks and no chance of wheelchair ramps. Therefore, the words "when applicable" would apply and no ramps would be required. However, they would be required on major and secondary highways and in commercial areas. Councilman Mackaig cited an incident involving a constituent on Paramount Boulevard, who was required to put in a wheelchair ramp when there was no other ramp within 22 intersections. Mr. Thompson stated it is his recollection that the person involved will not have to put in a ramp until one is put in on the other corner. Mr. Sorensen stated Policy D is worded so that it is mandatory. During dis- cussion, he said there must be a reasonable relationship between any conditions which are to be imposed and the change in variance requested. The Council concurred with changing the wording of Policy D to read: "Wheelchair ramps may be required in conjunction with planning case approvals, when reasonably related to the approval sought." AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman It was moved by Councilman Cormack, seconded by Councilman Swearingen, and passed by unanimous vote to approve Amendment to the Joint Powers Agreement with the Southeast Area Animal Control Authority. Report on Status of Sign Ordinance Mayor Jackman suggested the Council set a study session. Mr. Goggin explained there is a serious problem on signs because there is no enforcement. He would like the moratorium lifted as soon as possible because there are illegal signs going up every day. Following discussion, a study session on the Sign Ordinance was set for 5:00 p.m., December 15, 1980. Mr. Thompson explained that later during the evening of December 15th, at 7:00 p.m., a study session is scheduled with the School Board to present the Redevelopment Plan. We Tip (witness anonymous) Chief Martin explained We Tip is a program, whereby people inform on criminals without giving their names. If arrest and conviction is made, then We Tip pays a reward. He said in the past the program has been successful in drug enforcement and more recently is aimed at arson. It is a worthwhile program. Chief Davis concurred that both he and Chief Martin highly recommend the program. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to approve appropriation from the General Fund Unapprop- riated Fund Balance in the sum of $1648 to support We Tip, Inc. It was moved by Councilman Cormack, seconded by Councilman Mackaig, and passed by unanimous vote to approve Addendum to Operating Agreement with Security Pacific National Bank. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to set a hearing on Zone Change Case #167, 8840-70 Lindell Avenue, for 7:30 p.m., December 23, 1980, in the Council Chamber of the Downey City Hall. CITY MANAGER'S REPORT Mr. Thompson reported on the requirement under the Gann Initiative to establish Appropriation Limits based on a formula utilizing the Cost of Living Index and popu- lation. He said these figures are certified by the appropriate State and Federal agency. It is required the appropriation limit be established as of January lst and open to public review 15 days prior to that time. Mr. Thompson stated the Director of Finance has established these figures in accordance with all applicable rulings. Downey's appropriation, subject to limit for 1980-81, is $16,527,340, whereas the actual budget appropriation to date for 1980-81 is $13,287,725, indicat- ing $3,239,615 additional that could be appropriated. Mr. Thompson pointed out Council Minutes 12/9/80 -11- 6 Biel there is one concern regarding the certified 1980 Census figures, which could result in a change in the appropriation. A Resolution for adoption will be on the next Council Agenda. Mr. Thompson mentioned.a gentleman has requested a building permit which en- croaches into the planned right-of-way on Firestone Boulevard. Mr. Goggin explained it is for the property just east of Albertson's, and a small building will be demolished. He said under the plan proposed, the future right-of-way on Firestone would add ten feet --the proposal was for five feet, and the plans have been approved that way. Mr. Goggin stated the property owner will dedicate the ten feet and five feet, and the City will hold the dedication until such time as the Council makes a determination on the future right-of-way width as presently proposed. He indicated staff feels this is a fair proposition and recommends acceptance on that basis. Councilman Mackaig questioned someone constructing a building in a location where the City could come along some day and tell them to take five feet off. Mr. Goggin said the property owner is not opposed to the City's proposal for a larger setback. The City approved plans for the building approximately two years ago. Mr. Ronald Way, office address at 9041 Imperial Highway, said he and his part- ner are in agreement with the entire program. He indicated the plans were drawn up according to code. Mr. Thompson asked if it would be better for Mr. Way to shorten the building five feet now rather than waiting until later on when there could be more disrup- tion and expense. Mr. Way replied no because amortizing it over six -to -seven years, it would pay to build the building. It was moved by Councilman Cormack, seconded by Councilman Swearingen, and passed by unanimous vote to approve the building permit with the proposed right-of- way dedication. STAFF REPORTS Mr. Henriksen informed the Council that Century Boulevard was paved today. ORAL COMMUNICATIONS - City Council: None ORAL COMMUNICATIONS - Members of Audience: None There being no further business to come before the City Council, the meeting was adjourned at 11:02 p.m, to 5:00 p.m., December 15, 1980, in the Council Chamber of the Downey City Hall. W,�� Robert L. Shand, City Clerk -Treasurer Council Minutes 12/9/80 -12-