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HomeMy WebLinkAboutMinutes-09-08-81-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 8, 1981 T A B L E O F M I N U T E A C T I O N S SUBJECT: Ord. amending Zoning Map adopted by Sec. 9106.06 DMC (Planning Res. #472, Zone Change Case #172) (11744 Adenmoor Av.) Ord. adding Sec. 9135 to DMC to Regulate Placement of Factory -Built Housing on Residential Lots in City ACTION: Introduced Introduced as amended Ord. #666 extending Prohibition Against Developmt. of Manufactured/Factory Built Housing on Lots in Downey until Standards regulating such Developments are enacted Adopted as urgency on�c Nin 41 2 3 Appeal, CUP #123, 10335 Paramount Bl. Denied; decision of Planning Comm. affirmed 4 Minutes: Regular Mtg. of August 25, 1981 Approved Denial of two Legal Claims: Ref. #527 Approved CC #466 - Alley Reconst. n/o Harper Av., Rives to Smallwood; n/o Eighth St., Rives to Smallwood; & w/o Paramount, 5th to 6th: Acceptance of work (1980-81 Budget) Approved CC #481, City-wide Resurfacing: Plans & specs & auth. to advertise for bids General Warrants: #192950 - 193204 #208434 - 208507 Bergman Ln. - Paramount/Orizaba, AD #113: Auth. City Engineer to prepare petition for circulation by Mr. Landberg Rio Hondo Golf Course, Phase III: Auth. staff to advertise for const. bids Res. #4012, Appointing Robert Roller to Personnel Adv. Bd., Dist. 3 Eleanor Lindenfeld thanks Council for saving her lot from condemnation by Caltrans for Freeway replacement housing Floyd Lampinen cites problems re Dino's 502 Cocktail Lounge - City Manager will advise him of ABC hearing Ord. #667, amending Sec. 8246 DMC re Swimming Pools Ord, adding Sec. 8246.1 to Chapter 2 of Art. III of DMC re Swimming Pools Res. #4013, Granting Zone Variance #177 (8450 Firestone B1.) Cable TV Franchise Agreement Report on Gun Shooting Range - Economic Analysis Purchase of Water Rights: Appropriation from Downey Fund 51 Water Acct. retained earnings Approved Approved Approved Approved Adopted Adopted Introduced Adopted Hearing set for September 22, 1981 Received & filed Approved 4 4 4 4 4 4 4 4 4 4 5 5 5 5 61 Status Report,- Implementation of Mayoral Program 5 Page 1 of 2 COUNCIL MINUTES, SEPTEMBER 8, 1981 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: PAGE NO. Res. #4014, declaring Need for & Creation of Retired Persons Advisory Comm. Adopted 6 Res. #4015, creating "Futures Fund" Adopted 6 Appeal, Zone Variance #180, 7753 Arnett St. Hearing set for September 22, 1981 6 Councilman Swearingen to be absent from September 22nd Council Meeting 7 Ccuncilmaz Jackman to be absent from Oc-.er 13tn Council Meeting 7 Meeting adjourned in memory of Lawrence Hensen 7 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 8, 1981 The City Council of the City of Downey held a regular meeting at 7:30 p.m., September 8, 1981, in the Council Chamber of the Downey City Hall, Mayor Milton R. Mackaig presiding. PRESENT: Council Members: Lyell W. Swearingen Mayor Pro Tem James T. Quinn Robert G. Cormack Theodore H. Jackman Milton R. Mackaig Mayor ALSO PRESENT: John W. Donlevy, City Manager Royal M. Sorensen, City Attorney Dudley Lang, Assistant City Manager William A. Ralph, Director of Public Works William A. Goggin, City Planner Harry Rayson, Building Official Robert L. Shand, City Clerk -Treasurer Jeanne Cook, Deputy City Clerk -Treasurer INVOCATION AND FLAG SALUTE The Invocation was delivered by Councilman Quinn. The Flag Salute was led by Councilman Cormack. PRESENTATIONS: None HEARINGS Mayor Mackaig opened the hearing on Zone Change Case No. 172, 11744 Adenmoor Avenue. 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 Quinn, and so ordered to receive and file the Proof. Mr. Goggin reported on the location of the property and the request to change the zone from R1-5000 to R2 with a Planned Unit Development. The Planning Commis- sion approved the zone change change with the stipulation that the City Council not adopt an ordinance until the applicant has posted money or done the work to install an eight -inch water line. Mayor Mackaig inquired if the City Clerk had received any correspondence on this matter, and the response was no. There being no one present to speak in favor or in opposition to the zone change, it was moved by Councilman Swearingen, seconded by Councilman Quinn, and so ordered to close the hearing. ORDINANCE NO. 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. 472, ZONE CHANGE CASE NO. 172) The Ordinance was read by title only. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to waive further reading and to introduce the Ordinance. Mayor Mackaig opened the hearing on Zoning Ordinance Amendment relating to Factory -Built Housing. 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 Quinn, and so ordered to receive and file the Proof. Mr. Goggin explained the proposed ordinance is the result of State Assembly Bill 1960, which permits factory -built housing in any City -County area in the State. He said the only option is for cities to adopt regulations and to also designate "„ Council' Minutes 9/8/81 -1- certain areas wherein factory -built houses would be agreeable, which is now going through the process of the Planning Commission. If the Council does not adopt the proposed ordinance, factory -built housing will be allowed to go in without condi- tions, and if there are no regulations or designated areas, factory -built housing can be constructed in any R-1 and R-2 zone. Mayor Mackaig inquired if the City Clerk had received any correspondence on this matter, and the response was no. Mayor Mackaig then asked if there was anyone present to speak in opposition to the Zoning Ordinance amendment, and there was no response. He asked if there was anyone present to speak in favor. Eleanor Lindenfeld, 8846 Manzanar, questioned whether standards can be set if a_;_ �� nom been established. She was told the Planning Commission is still Icing through the process of designating areas, which will be submitted to the Co-_cl £..r action. Regulations can still be applied without areas being estab- lished at this time. There being no one else wishing to speak, it was moved by Councilman Swearingen, seconded by Councilman Quinn, and so ordered to close the hearing. =cilman Quinn referred to Page 2, Section (e) - Parking, and requested "two covered parking spaces per unit" be changed to "a double garage." Mr. Goggin indicated he does not feel a garage can be required when carports are allowed for single family homes. Also, it would involve changing the Code. Mr. Sorensen explained Section 9150 of the Downey Municipal Code involves parking and cannot be changed without hearings before the Planning Commission and City Council. This ordinance can be acted upon and then that section of the Code changed at the time the Council considers the areas. Or, an urgency ordinance can be adopted prohibiting any structure being built without covered parking, pending study and amendment of the Zoning Ordinance. Councilman Cormack wants all housing in the City to be brought up to standard. Mr. Goggin suggested the Council introduce this ordinance and then next meeting staff will have an urgency ordinance stopping all construction of parking structures unless it is a garage. — Mr. Sorensen stated Section (g) - Parking, Page 2, could be changed to read, "Each factory -built housing unit shall include parking spaces per unit as required for other single family dwellings." A discussion was held regarding increasing the square footage requirement. Mr. Goggin pointed out square footage would depend on the number of bedrooms per dwelling. Mr. Sorensen said a provision can be added in Section 9135.12 to say, "The minimum size of such units shall meet the standards applicable to other dwelling units in the R-1 and R-2 zones." Councilman Cormack requested in Section (n) on Page 3, the sentence referring to siding be changed to read, "All siding materials not composed of stucco, wood, brick or stone shall be subject to approval by the City's Design Review Board." ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 9135 TO THE DOWNEY MUNICIPAL CODE TO REGULATE THE PLACEMENT OF FACTORY -BUILT HOUSING ON RESIDENTIAL LOTS IN THE CITY OF DOWNEY The Ordinance was read by title only. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to waive further read- ing and to introduce the Ordinance as amended. Mayor Mackaig opened the hearing on One -Year Extension of Prohibition moment of Manufactured/Factory Built Housing on Lots in Downey until ating such Developments are Enacted. He inquired if the City Clerk h ' of Publication, and the response was yes. Council Minutes 9/8/81 -2- G k� 3 It was moved by Councilman Swearingen, seconded by Councilman Quinn, and so ordered to receive and file the Proof. Mr. Goggin stated the proposed urgency Ordinance prohibits the issuance of permits for factory -built housing. When the Ordinance regulating factory -built housing becomes effective, then this Ordinance will be removed. He said in the second Whereas, second line, "September 22" should read "September 8." Mayor Mackaig asked if the City Clerk had received any correspondence on this matter, and the response was no. There being no one present to speak in opposition or in favor of extending the moratorium, it was moved by Councilman Swearingen, seconded by Councilman Quinn, and so ordered to close the hearing. ORDINANCE NO. 666 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY EXTENDING THE PROHIBITION AGAINST THE DEVELOPMENT OF MANUFACTURED/FACTORY BUILT HOUSING ON LOTS IN DOWNEY UNTIL STANDARDS REGULATING SUCH DEVELOPMENTS ARE ENACTED (URGENCY) The Ordinance was read in its entirety. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to adopt urgency Ordinance No. 666. Mayor Mackaig opened the hearing on Appeal to Conditional Use Permit No. 123, 10335 Paramount Boulevard. He inquired if the City Clerk had the Proof of Publica- tion, and the response was yes. It was moved by Councilman Swearingen and seconded by Councilman Quinn to receive and file the proof. Mr. Goggin reported this case concerns the Immanuel Mennonite Church on pro- perty zoned R-3. The request is to maintain a nursery and pre-school day care facility for 52 children from one month to six years of age. This hearing should be held only on the matter wherein the Commission erred in granting the request for a pre-school and has nothing to do with the Church and its present-day operation. Mayor Mackaig inquired if the City Clerk had received any correspondence on this matter. Mr. Shand replied a letter signed by residents in the area has been received in opposition to the conditional use permit. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and so ordered to receive and file the correspondence. Mayor Mackaig inquired if there was anyone present to speak in favor of the appeal. Mr. Irvin Wade, 7950 Irwingrove, commented his property is adjacent to the Church and that the Church is leasing its property to a private party, who will be using a driveway easement. He said nothing was specified in the Planning Commission decision on how the Church would maintain the easement or who will be responsible in the case of accidents or injuries on the driveway. Mr. Sorensen pointed out the Planning Commission action does not determine who has a right to use the easement and this is not an issue before the City Council. Mr. Wade said with the nursery school and Church there will be approximately 1400 vehicles using the driveway each week. Mrs. Wade, 7950 Irwingrove, said the applicant for the nursery school indi- cates it will be a business operation for profit and there will be advertising. She feels operation of the school would be a detriment to the community because of increased traffic flow, noise levels, and declining property values. Mrs. Wade questioned if approved whether the nursery school would eventually want to increase the number of children. Mr. John Barr, 10408 Samoline Avenue, said the pre-school would generate noise. Dr. Leon Evans, 10320 Samoline, concurred with previous remarks and stated he is vehemently opposed to the school. Council Minutes 9/8/81 -3- Mr. Hugh Holm, 7955 Irwingrove, owner of property across from the Church, agreed with previous speakers and said the school would interfere with peace and quiet of the elderly tenants on his property. Mr. John Rudametkin, 10356 Lesterford Avenue, owner of property on Irwingrove, expressed concern regarding the parking situation and noise factor. He went on record in opposition. There being no further speakers in favor of the appeal, Mayor Mackaig then asked if there was anyone present to speak in opposition. Ms. Linda Coover, 12029 Smallwood Avenue, explained she is trying to open a pre-school that will supply the community with a facility to take care of infants under two years of age. She and her staff are experienced in this field, and if the s=. does not open by September 14th, she will have to wait until January. Ms. Coover mentioned she has a petition signed by 30 property owners along Small- w —: and *3orning Avenues, as well as a letter from another pre-school. Her insurance policy covers the driveway and the property, naming the Church as addi- tional insured. She responded to comments of the previous speakers. There being no one else to speak, it was moved by Councilman Swearingen, seconded by Councilman Quinn, and so ordered to close the hearing. During discussion, Councilman Jackman expressed concern about allowing a private business to be located in a R-3 zone. It was moved by Councilman Cormack, seconded by Councilman Quinn, and passed by he following vote to deny the appeal to Conditional Use Permit No. 123, and affirm the decision of the Planning Commission. AYES: 4 Council Members: Swearingen, Quinn, Cormack, Mackaig NOES: 1 Council Member: Jackman Mayor Mackaig declared a five-minute recess. The meeting resumed with all Council Members present. CONSENT CALENDAR It was moved by Councilman Swearingen, seconded by Councilman Quinn, and so ordered to approve the Consent Calendar: Minutes: Regular Meeting of August 25, 1981. Denial of two Legal Claims: Ref. #527, R. T. Golec. Cash Contract #466 - Alley Reconstruction north of Harper Avenue Rives to Smallwood Avenue; north of Eighth Street Rives to Smallwood Avenue; and west of Paramount Boulevard, Fifth to Sixth Street: Accept work done and maintenance responsibility for improvements (A/C #21-13973, 1980-81 Budget). Cash Contract #481, City-wide Resurfacing: Plans and specifications and grant authority to advertise for bids (A/C #26-16238 & 27-17100). General Warrants: #192950 - 193204; #208484 - 208507: $913,016.16. Bergman Lane - Paramount Boulevard/Orizaba Avenue, Assessment District #113: Authorize City Engineer to prepare petition for circulation by Mr. Landberg. Rio Hondo Golf Course, Phase III: Authorize staff to advertise for construc- tion bids (A/C #52-17520). RESOLUTION NO. 4012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING ROBERT ROLLER AS A MEMBER OF THE PERSONNEL ADVISORY BOARD FOR COUNCILMANIC DISTRICT THREE ORAL COMMUNICATIONS - Items not on Agenda Eleanor Lindenfeld, 8846 Manzanar, thanked the City Council for sending a letter to Caltrans. She has been informed by Caltrans that her lot will not be condemned for I-105 Freeway replacement housing. Mr. Floyd Lampinen, 8329 Alameda Street, cited problems in his neighborhood created by Dino's 502 Cocktail Lounge located near Downey and Alameda. Council Minutes 9/8/81 -4- Mayor Mackaig explained the City Council has no control over this matter and Mr. Lampinen should contact the Police Department. Mr. Lampinen said some people leave the cocktail lounge intoxicated, and re- cently property was damaged and a tragedy occurred. The residents fear for their personal safety and property and would like to see the business closed down. He mentioned he has sent a letter and petition to the City Council and inquired how the area can be made safer for the residents. Councilman Quinn said the Police Chief is obtaining a report on this matter. Mr. Donlevy stated the subject of the cocktail lounge is being actively pur- sued with the ABC on a daily basis. He assured Mr. Lampinen that everything that can be done is being done, and he will inform him when the ABC hearing will be held. Mr. Lampinen pointed out Alameda Street Elementary School is located approxi- mately 500 feet east of where the tragedy occurred. ORDTNANCR3 ORDINANCE NO. 667 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 8246 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO SWIMMING POOLS The Ordinance was read by title only. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to waive further reading and to adopt Ordinance No. 667. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 8246.1 TO CHAPTER 2 OF ARTICLE VIII OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO SWIMMING POOLS The Ordinance was read by title only. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to waive further reading and to introduce the Ordinance. RESOLUTIONS RESOLUTION NO. 4013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING ZONE VARIANCE NO. 177 (8450 FIRESTONE BOULEVARD) The Resolution was read by title only. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by the following vote to waive further reading and to adopt Resolution No. 4013. AYES: 4 Council Members: Swearingen, Quinn, Cormack, Mackaig NOES: 1 Council Member: Jackman CASH CONTRACTS: None MISCELLANEOUS ACTIONS It was so ordered to set a hearing on Cable Television Franchise Agreement for 7:30 p.m., September 22, 1981, in the Council Chamber of the Downey City Hall. It was so ordered to receive and file the Report on Gun Shooting Range - Economic Analysis. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to approve appropriation of funds from Downey Fund 51 Water Account retained earnings for Purchase of Water Rights in the amount of $12,750. Status Report on Implementation of the Mayoral Program Mr. Donlevy indicated staff has reviewed the program as to implementation where practical. Two resolutions are submitted relating to the need for and creation of a Retired Persons Advisory Committee and a special fund entitled "Futures Fund." Items for further direction would be a Communications Commission with the possibility of continuing the Cable Television Advisory Committee; Pro- perty Maintenance Ordinance; and a Redevelopment Agency Board. Any departmental Council Minutes 9/8/81 -5- M41 consolidation will take time, and it is recommended this be held pending a complete analysis. Councilman Cormack concurred with having the assistance of the University of Southern California for developing a general plan for redevelopment. He favors a stronger property maintenance ordinance, particularly with regard to prohibitng the parking of vehicles on the front lawn. Councilman Swearingen would like the City Manager to look into the possibility of reactivating the Redevelopment Advisory Committee. He suggested the programs submitted be held pending approval in one package. Councilman Quinn feels each item should be considered step by step instead of all at the same time. Councilman Jackman concurs with some of the items but is concerned about en- — fcrce�nc procedures because of the lack of personnel to enforce the present ordinances. He agreed with the formation of a Senior Citizen Committee. Councilman Jackman questioned whether the Mayor should be designated "Chief Executive Officer." Mayor Mackaig said his list of recommendations was submitted for whatever the Council's decision would be, and he commented on the need to enforce the City's ord.i :ances. He stated that referring to the Mayor as "Chief Executive Officer of the City Council" does not assert or imply the Mayor should have any authority not vested in him by the City Charter but is a figurative term reflecting his belief the Mayor should provide special policy goals for the City Council. Mayor Mackaig indicated he does not assert that the Mayor should have any authority which is _icht{may vested in the City Manager. He feels it is the responsibility of every Councilman, Mayor, and Department Head that if they see something which could be improved, they should bring it to the City Council. RESOLUTION NO. 4014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING THE NEED FOR AND CREATION OF A RETIRED PERSONS ADVISORY COMMITTEE WITHIN THE CITY The Resolution was read by title only. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to waive further reading and to adopt Resolution No. 4014. — RESOLUTION NO. 4015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CREATING A SPECIAL FUND ENTITLED "FUTURES FUND" The Resolution was read by title only. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by the following vote to waive further reading and to adopt Resolution No. 4015. Councilman Cormack made an amended motion to refer the Resolution to staff for further study. He then withdrew the motion and called for discussion. Mayor Mackaig explained his intent was to establish a fund as a reserve and not placed into General Funds to be used in the future for a specific project when needed. Mr. Donlevy said the Resolution would establish a special reserve of uncom- mitted funds, and it would be reflected in the preliminary budget submitted for 1982-83. During the budget review, an amount may be added or taken away at the Council's discretion. He stated during further discussion that the money may not be spent prior to approval of the City Council. AYES: 4 Council Members: Swearingen, Quinn, Cormack, Mackaig NOES: 1 Council Member: Jackman It was so ordered to set a hearing on Appeal to Zone Variance #180 7753 Arnett Street, for 7:30 p.m., September 22, 1981, in the Council Chamber of the Downey City Hall. CITY MANAGER'S REPORT: None STAFF REPORTS: None ORAL COMMUNICATIONS - Audience: None Council Minutes 9/8/81 -6- - City Council Mayor Mackaig announced Councilman Meeting of September 22nd and Councilma Meeting of October 13th. An.TOT7RNMF.NT will be absent from the Council .11 be absent from the Council The meeting was adjourned at 9:15 p.m. in memory of Lawrence Hensen, a Downey businessman and dedicated volunteer. ?c::ert L. Shand, City Clerk -Treasurer MiXton R. Mackaig, Mayor Council Minutes 9/8/81 -7-