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HomeMy WebLinkAboutMinutes-10-27-81-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 27,. 1981 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION• PAGE N0. EIR - Civic Center Improvements re Zone Change Case #179 & General Plan Amendment - Civic Center: Certify as being in conformance w/Calif. Environmental Quality Act & Guidelines set forth in adopted environmental guidelines of City Approved 1 Res. #4025, adopting Amendment to General Plan Map (Civic Center) Adopted 1 Ord. amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #179) (bet. Dolan/Brookshire & 2nd. St. & Nly. ppty. line of Downey Elementary School) Introduced 2 Appeal, Zone Variance #180, 7753 Arnett St.: Uphold Planning Comm. decision & deny appeal Approved 2 Ord. amending DMC re Compact Auto Parking Introduced 3 Res. #4026, granting Approval of Permissive CUP #3 (10035 Imperial Hwy. - Nursery) Adopted 3 Cable TV Franchise Agreement Hearing postponed to 11/10/81; City Manager to come back with final best offer of Calif. Cable 4 Minutes: Reg. Mtg., October 13, 1981 Approved 4 Rejection of Legal Claims: Ref. #532 & 533 Approved 4 General Warrants: #193792 - 194051 #208652 - 208695 Approved 4 Discretionary Transit Grant: Auth. Mayor to sign Agmt. #64595 & auth. interim expenditure of $75,000 from available reserves (to be reimbursed by State) Approved 4 Downey Private Contract #113, 116, 118, X 119 & 122: Accept improvements Approved 4 Res. #4027, declaring Intention to Vacate Dolan St., Second St., Third St., & portion of alley parallel w/Firestone Adopted P 4 Ord. #674, re Sanitary Sewers & Industrial Waste Adopted 4 Ord.. #675, re Public Health Code Adopted 4 Ord. #676, re 1979 Uniform Plumbing Code Adopted 4 Res. #4028, Proposing to Annex to Lighting Maint. Dist. (Annex. 81/31 - 81/52) Adopted 5 Res.. #4029, Apprvg. Traffic Engineer's Report (Annex. 81/31 - 81/52) Adopted 5 Res. #4030, Decl. Intention to Annex to Ltg. Maint. Dist. (Annex. 81/31 - 81/52) Adopted; sets hearing 11/24/81 5 Agreement bet. City & Stonewood Shopping Approved; quarterly reports to be Center for addl. Police Protection provided to Council 5 Amendment to Residential Refuse Agreement with Calsan, Inc. Approved 6 Page 1 of 2 COUNCIL MINUTES, OCTOBER 27, 1981 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION• Declare 8348 Second St. as excess property & auth. Mayor to sign necessary documents & proposed Agmt. of Sale for the Firestone Blvd. -Dolan St. Office Project Approved Concept of Meadow Park School site & Block Grant Application Approved Independent Cities Conference in Santa Barbara: Provide two door prizes $25-$30 Approved Councilman Cormack commented on attendance @ quarterly meeting of Cerritos Corridor & suggested Council Members bring attention to organizations if meetings they attend are not productive Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 27, 1981 The City Council of the City of Downey held a regular meeting at 7:30 p.m., October 27, 1981, in the Council Chamber of the Downey City Hall, Mayor Milton R. Mackaig presiding. PRESENT: Council Members: Milton R. Mackaig Mayor Lyell W. Swearingen Mayor Pro Tem James T. Quinn Robert G. Cormack. Theodore H. Jackman 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 F. Martin, Police Chief William A. Goggin, City Planner Harry Rayson, Building Official Charles G. Eccleston, Traffic Engineer Donald Wagner, Assistant to City Manager William Sumner, Fire Marshal Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Councilman Quinn. The Flag Salute was led by Councilman Cormack. None HEARINGS Mayor Mackaig opened the hearing on Environmental Impact Report - Civic Center Improvements. 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 said this has been submitted to the. Planning & Research Department of the State of California, and they have cleared it. There have been no objec- tions to the report. 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 regarding the Environmental Impact Report, it was moved by Councilman Swearingen, seconded by Councilman Quinn, and so ordered to close the hearing. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote that the Environmental Impact Report for Zone Change No. 179 and General Plan Amendment - Civic Center be certified as being in conformance with the California Environmental Quality Act and Guidelines set forth in the adopted environmental guidelines of the City of Downey. Mayor Mackaig opened the hearings on General Plan Amendment - Civic Center, and Zone Change Case No. 179, located between Dolan and Brookshire Avenues and Second Street and the Northerly Property line of Downey Elementary School Property which were continued from the Council Meeting of October 13, 1981. He inquired if there were any further staff reports, and the response was no. There being no one present to speak regarding the General Plan Amendment or proposed Zone Change, it was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to close the hearings. RESOLUTION NO. 4025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING AN AMENDMENT TO THE GENERAL PLAN MAP CouncilMinutes 10/27/81 -1- The Resolution was read by title only. It was moved by Councilman Jackz,.an, seconded by Councilman Swearingen, and passed by unanimous vote to waive further reading and to adopt Resolution No. 4025. 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. 487, ZONE CHANGE CASE NO. 179) The Ordinance was read by title only. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to waive further reading and to introduce the Ordinance. Mayor Mackaig opened the hearing on Appeal to Zone Variance No. 180, 7753 Arnett Street, which was continued from the Council Meeting of September 22, 1981. Mr. Goggin commented the applicant previously paved an area with concrete next to the driveway,..without permit, which was subsequently removed. The applicant then repaved the area with brick, without permit, and is requesting approval. Pav- ing of the front yard setback area is a violation of the Code, and the Planning Commission denied the case. Mayor Mackaig inquired if the City Clerk had received any correspondence, and the response was no. Mayor Mackaig then asked if there was anyone present to speak in favor of the Appeal. Mr. Joseph DiLoreto, 8607 Imperial Highway, attorney representing Mr. Vovos, the applicant, agreed that Mr. Vovos did widen his driveway without permit for the purpose of parking a recreational vehicle, and upon notice from the City did remove it. Mr. Vovos then contacted the City and was informed he could use brick but not concrete, and he hired a contractor to brick in the area. To date, Mr. and Mrs. Vovos have expended in excess of $3,000 on the widening project. Subsequently, Mr. Vovos learned he could not park his vehicle in that area, and he is requesting a variance to allow the brick area to remain. To insure that the area is not used for additional off-street parking, Mr. Vovos is agreeable to inserting two planters in the brick, which would be planted. Mr. DiLoreto submitted two photographs of the brick work and a preliminary drawing to show where the planters would be placed. Mr. Joe Curi, 7749 Arnett Street, indicated Mr. Vovos has done much to beautify his home, both inside and out, and he urged the Council to grant the variance. Mr. Gar Fisher, 7743 Arnett Street, stated Mr. Vovos has improved his property tremendously, and he favored approval of the brick area. There being no one else to speak in favor, Mayor Mackaig asked if there was anyone present to speak in opposition. Mr. T. Caldwell, 7746 Arnett Street, said he was one of the people who origi- nally complained about the paved area. He concurred with the previous speakers and said as long as Mr. Vovos is not going to park a motor home or car on the brick, then "we rescind our complaint." There being no one else to speak, it was moved by Councilman Swearingen, seconded by Councilman Jackman, and so ordered to close the hearing. Councilman Swearingen cited parking problems for homes with single car garages, and he wondered if maybe the City's ordinance should be changed. Mr. Goggin explained any ordinance change would apply to all properties. Councilman Quinn said he is strictly against vehicles parking on the front lawn, and when he went by and looked at this property, an automobile was parked on the brick. He was pleased to hear planters will be inserted in the brick area. Councilman Cormack indicated the builder should not have misled Mr. Vovos; the Planning Commission has made a negative finding; and he sees no reason to overturn the Commission. He suggested an alternative of letting the brick work stay so long as a three-foot section is removed with grass or flowers planted between the drive- way and brick work so that it would look ornamental rather than an extension of the driveway. Council Minutes 10/27/81 -2- It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by the following vote to uphold the Planning Commission's decision and deny the appeal. Discussion followed. AYES: 3 Council Members: Quinn, Cormack, Jackman NOES: 2 Council Members: Swearingen, Mackaig Mayor Mackaig opened the hearing on Amendment to Downey Municipal Code re- garding Compact Car Requirements. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Swearingen to receive and file the Proof. Mr. Goggin stated the recommendation is contained in the report and summary submitted on this hearing, which is to change the parking areas devoted to compact automobiles from 10 percent to 25 percent, Mayor Mackaig inquired if the City Clerk had received any correspondence, and the response was no. There being no one to speak regarding the proposed Amendment, it was moved by Councilman Swearingen, seconded by Councilman Jackman, and so ordered to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTION _ 9150.18 (d) (4) WHICH RELATES TO COMPACT AUTOMOBILE PARKING 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 Permissive Conditional Use Permit No. 3, proposed nursery at 10035 Imperial Highway. 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, which he said is in the Edison Company right-of-way in an R-1 zone. The request is for a tree farm located next to the San Gabriel River. He stated if this is granted, the only use permitted would be the raising of trees and storing whatever mechanical equipment is necessary to maintain the property. Mr. Goggin pointed out the applicant has other tree farms; and he will not be permitted to bring trucks, trailers, etc., from the other pro- perty to store on this property. Mayor Mackaig inquired if the City Clerk had received any correspondence, and the response was no. Mayor Mackaig then asked if there was anyone present to speak to Permissive Conditional Use Permit No. 3. Mr. Frank Lee, 8602 Sommerset, Buena Park, representing the applicant, said they agree with the conditions and recommend approval by the Council. Mayor Mackaig inquired where the tool shed would be built and any vehicles would be parked. Mr. Lee replied a tool shed would be built close to the tower, and any parking of equipment would be on the north end of the property away from Imperial. There being no one else to speak, it was moved by Councilman Swearingen, seconded by Councilman Jackman, and so ordered to close the hearing. RESOLUTION NO. 4026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING APPROVAL OF PERMISSIVE CONDITIONAL USE PERMIT NO. 3 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. 4026. Council Minutes 10/27/81 -3- Mr. Donlevy requested the hearing on Cable TV Franchise Agreement be continued for further input and review by the Cable TV Committee. It was moved by Councilman Cormack, seconded by Councilman Swearingen and passed by unanimous vote to postpone the hearing to 7:30 p.m., November 10, Isal, in the Council Chamber of the Downey City Hall, and at that time the City Manager be instructed to come back to the Council with the final best offer of California Cable. CONSENT CALENDAR It was moved by Councilman Swearingen, seconded by Councilman Quinn, and so ordered to approve the Consent Calendar: Minutes: Regular Meeting of October 13, 1981. Rejection of Legal Claims: Ref. #532, Richard Wright; and Ref. #533, Lupe Brambila. General Warrants: #193792 - 194051; #208652 - 208695: $1,336,491.29. Discretionary Transit Grant: Authorize Mayor to sign Agreement No. 64595; and authorize interim expenditure of $75,000 from available reserves (to be reimbursed by the State). Downey Private Contract Nos. 113, 116, 118, 119, and 122: Accept improvements for operation and maintenance. RESOLUTION NO. 4027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO VACATE THE FOLLOWING STREETS AND ALLEY: DOLAN STREET FROM 60.00 FEET NORTHERLY OF THE CENTERLINE OF FIRESTONE BOULEVARD 100.00 FEET WIDE TO THE SOUTHERLY LINE OF THIRD STREET 60.00 FEET WIDE; SECOND STREET FROM 191.66 FEET WESTERLY FROM THE WESTERLY LINE OF DOLAN STREET 60.00 FEET WIDE TO 285.00.._ FEET EASTERLY FROM THE EASTERLY LINE OF SAID DOLAN STREET; THIRD STREET FROM THE EASTERLY LINE OF SAID DOLAN STREET TO THE WESTERLY LINE OF BROOKSHIRE AVENUE. 80.00 FEET WIDE;. THE 18.00 FOOT PORTION OF THE ALLEY PARALLEL WITH AND 142.00 FEET NORTHERLY OF FIRESTONE BOULEVARD 100.00 FEET WIDE FROM THE WESTERLY LINE OF SAID DOLAN AVENUE WESTERLY 128.00 FEET ORAL COMMUNICATIONS - Items not on Agenda: None ORDINANCES _.. _. ORDINANCE NO. 674 - AN ORDINANCE OF .THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING CHAPTER 2 OF ARTICLE 7 CONSISTING OF SECTIONS 7200 - 7280 OF THE DOWNEY MUNICIPAL CODE, AND ADDING TO ARTICLE 7, CHAPTER 2, CONSISTING OF SECTIONS 7200 - 7278, ALL RELATING TO SANITARY SEWERS AND INDUSTRIAL WASTE The Ordinance was read by title only. It was moved by Councilman Quinn, seconded by Councilman Swearingen, and passed by unanimous vote to waive further reading and to adopt Ordinance No. 674. ORDINANCE NO. 675 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 8627 AND SECTION 8628 TO THE DOWNEY MUNICIPAL CODE RELATING TO THE PUBLIC HEALTH CODE 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 adopt Ordinance No. 675. ORDINANCE NO. 676 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 8502 TO THE DOWNEY MUNICIPAL CODE RELAT- ING TO THE 1979 UNIFORM PLUMBING CODE Council Minutes 10/27/81 IM X6V y 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 adopt Ordinance No. 676. RESOLUTIONS RESOLUTION NO. 4028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROPOSING TO ANNEX CERTAIN AREAS 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 81/31 -THROUGH 81/52) 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. 4028. RESOLUTION NO. 4029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY - APPROVING THE ENGINEER'S REPORT FOR ADDITIONS TO LIGHT- ING MAINTENANCE DISTRICT AD 121 OF ANNEXATIONS 81/31 THROUGH 81/52 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. 4029. RESOLUTION NO. 4030 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 FIX- TURES ON THE STREETS AND PUBLIC PLACES (ANNEXATIONS 81/31 THROUGH 81/52) 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. 4030 (sets the hearing for November 24, 1981). CASH CONTRACTS: None MISCELLANEOUS ACTIONS It was moved by Councilman Cormack, passed by the following vote to approve the Stonewood Shopping Center to provide seconded by Councilman Swearingen, and greement between the City of Downey an tiona] Responding to questions, Chief Martin explained benefits paid to police officers are for a regular work week only --overtime 'hours do not accumulate bene- fits, so there would be no cost to the City. However, he said, the City would be responsible for compensation if an officer should get hurt. The costs outlined in the agreement are hourly straight time costs for patrolmen. No administrative overhead is included in the agreement. Also, this would be on a voluntary basis, whereby an officer could work on his day off. During discussion, Chief Martin pointed out that even though the Police Memorandum of Understanding is to pay time and one-half for overtime, this would be voluntary overtime to be paid as straight time. Mayor Mackaig feels the City should be compensated for any possible mishap involving an officer. Further discussion ensued. Councilman Jackman indicated he would be willing to approve this based on the fact that at the end of three -to -six months staff would give the Council a complete status report, including whether there are any additional costs to the City and whether there has been any saving from regular patrol duties. Mr. Donlevy said a quarterly report will be provided. Mayor Mackaig suggested adding a dollar or two to the hourly rate to compen- sate the City for any extra costs that might be incurred. Council Minutes 10/27/81 -5- � Ks AYES: 5 Council Members: Swearingen, Quinn, Cormack, Jackman, Mackaig Amendment to Residential Refuse Agreement with Calsan, Inc. Mr. Donlevy noted a clerical error on the recommendatica and said the new rate for single family residence should read $4.12 per month and m r,tiple wits $3.54 per month. It was moved by Councilmam Swearingeni, seconded by Councilman Cormack, and passed by unanimous vote to approve the Amendment to Agreement. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to declare 8348 Second Street as excess property and authorize the Mayor to sign necessary documents and proposed Agreement of Sale for the Firestone Boulevard -Dolan Street Office Project. CITY MANAGER'S REPORT: None STAFF REPORTS Mr. Lang reported on the status of the Meadow Park School site development and the Block Grant Application. He commented that almost a year ago the Council approved development concept for the Meadow Park School site for a handicapped rehabilitation center and living center. The first phase of this concept is now being presented, which is considerably changed due to restrictions in financing and availability of developers for the site. This involves a 10.2 acre site, and there is a developer willing to go forward on 2.2 acres with 40 units of afforda- ble rental housing. The second phase of development would be approximatelyeight acres of 120-150 units of housing. Mr. Lang mentioned if the Council approves the concept, it would allow the City to provide housing in the community to accommo- date some of the displaced residents due to the redevelopment efforts and set the requirements of the Federal Department of Housing & Urban Development regarding the past two years' Housing & Community Development Block Grant Program applications. Mr. Donlevy indicated that if this is approved, staff will bring back next meeting an agreement with the School District for leasing the school property; a development agreement for the two acres; and proceed to fulfill the requirements and resubmit the Block Grant applications. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by the following vote to approve the concept. Councilman Cormack said this is not in keeping with the Council's former determination that it be for handicapped, and if it is loosely worded when it comes back, there is no way he can support it. Councilman Jackman raised questions concerning the lease agreement. He feels there are too many questions that need to be answered, and he would like to know more about the lease. Mr. Donlevy pointed out that if the Council approves the basic concept, the formal agreement would be brought back for final consideration at the next meeting. At that time, if the Council does not approve the agreement, the Block Grant for the past two years will not be applied for. AYES: 4 Council Members: Swearingen, Quinn, Cormack, Mackaig ABSTAIN: 1 Council Member: Jackman ORAL COMMUNICATIONS - City Council At the suggestion of Councilman Swearingen, it was so ordered to provide two door prizes in the amount of $25-$30 for the Independent Cities Conference to be held in Santa Barbara. Councilman Cormack commented on his attendance at a quarterly meeting of the Cerritos Corridor, noting there was not much to discuss at the meeting, and that he made a motion to cut the meetings in half. He suggested the Council Members look at those meetings they are involved with, and if they are not productive, bring it to the attention of the organization. ORAL COMMUNICATIONS - Audience: None ADJOURNMENT - 8:40 p.m. Robert L. Shand, City Clerk -Treasurer Mi} on R. Mackaig, Mayor Council Minutes 10/27/81 -6-