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HomeMy WebLinkAboutMinutes-12-08-81-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 8, 1981 T A B L E O F M. I N U T E A C T I O N S SUBJECT: 1980-81 Comm. Dev. Block Grant Funds: Mayor announced release of funds by HUD ACTION: Ord. amndg. DMC re Residential Floor Areas Introduced Amndmts. to DMC re Parking in Setback Areas Hearing closed; Cont'd. f/30 days Appeal, Zone Variance #186, 11744 Adenmoor: Grant apprvl. of PUD f/4 units subject to applicant obtaining subdivision Approved Minutes: Reg. Mtg., November 24, 1981; & Adj. Reg. Mtgs., November 17 and 30, 1981 Approved Corres. from So. Calif. Edison Co. re Appl. #61066 to PUC to implement Residential Conservation Financing Program Filed Corres. from So. Calif. Edison Co. re Appl. #61067 to PUC to increase Rates to Recover 1982 Incremental Expenses of Residential Conservation Service Program Filed SS Proj. #357, Florence Av. Resurfacing: Accept work done Approved General Warrants: #208796 - 208834 #300149 - 300378 Approved Miss California Beauty Pageant: Prog. Rpt. Filed Ken Miller commented on reversionary rights granted to Hospital Ord. #681, amndg. Zoning Map (Zone Change Case #178) (Factory -built Housing Areas) Adopted Res. apprvg. Final Map & Subdivision Agmt. f/Off-site Imprvmts. on Parcel Map #14398 - 7431 Quill Dr. Held over to next meeting Res. #4049, Apprvg. Agmt. w/State for Route 105 Century Freeway Adopted Res. #4050, Auth. reduction of Parking Spaces (11102 Paramount B1.) Adopted as amended CC #487, Rio Hondo Inn Banquet Room Heating & Air Conditioning: Award to Hendey Engrg. & waive irregularity in bidder's proposal Approved CC #449, Site Dev. - Independence Park: Approve extra work,& accept work done Approved Architectural Agmt. for Library Addition: Auth. Mayor to sign w/Gibbs & Gibbs Approved 1981-82 Golf Course Capital Outlay Budget for Golf Course Equipment: Amend to add $16,000 for two mowers Approved Perform Energy Balance & Analysis of 1-ton per day Pyrogenic Systems equipment in Wilmington: Auth. Mayor to sign contract w/James M. Montgomery Consultg. Engineers Approved Amendment to DMC re Garages in R-1 & R-2 PAGE NO- 1 1 2 3 3 3 3 3 3 3 3 4 4 4 5 5 5 5 5 5 Hearing set for December 22, 1981 5 Page 1 of 2 COUNCIL MINUTES, DECEMBER 8, 1981 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: Cn. Swearingen invited Councilmen & wives to attend Independent Cities mtg. 12/17 Cn. Swearingen req. report back re promoting Senior Citizen Nutritional Program Ref. to City Manager Downey Christmas Parade: Cn. Quinn commended employees & Police Dept. City's Birthday Celebration: Cn. Cormack commended all who worked on celebration Req. of Cn. Quinn & Cn. Cormack for portable restrooms along Parade route Res. #4048, Honoring St. Mark's Episcopal Church on 60th Birthday Adopted U.S. Conference of Mayors:. Bill in amount of $1500 for 1982: Motion to not pay Approved Res. to be prepared for presentation on Dec. 17th to Judge Plotkin, presiding Judge for 1981 Approved PAGE NO. 6 6 6 6 6 6 6 c Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 8, 1981 The City Council of the City of Downey held a',regular meeting at 7:30 p.m., December 8, 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 John T. Neavill, Director of Parks & Recreation William A. Goggin, City Planner Charles G. Eccleston, Traffic Engineer Donald Wagner, Assistant to City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend Major, Chaplain, Rio Hondo Memorial Hospital. The Flag Salute was led by Councilman Quinn. PRESENTATIONS: Mayor Mackaig announced that on Friday, December 4th, Downey received official notification from the U.S. Department of Housing & Urban Development that the fiscal year 1980-81 Community Development Block Grant Funds have been released. Two letters of credit in the amount of $2,041,000 were received for review, along with a summary of projects submitted for the 1980-81 application. He said in view of the delay in releasing funds, many of the original projects which were approved are either outdated or require dollar modification, Mayor Mackaig instructed staff to come back with modifications for amending the Block Grant application. i:iai:l7ii�Te�9 Mayor Mack g o!ened qh �g on,proposed Amendments to the Downey Municipal Code regardingo re6 f g weti.„ s oate inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to receive and file the Proof. Mayor Mackaig inquired if the City Clerk had received any correspondence, and the response was no. There being no one present to speak in favor or in opposition, it was moved by Councilman Jackman, seconded by Councilman Swearingen, 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 9110.12(g) AND SECTION 9112.10(g) WHICH RELATES TO RESIDENTIAL FLOOR AREAS (CHAPTER 1, ARTICLE IX) 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 proposed Amendments to the Downey Municipal Code regarding Parking in Setback Areas. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to receive and file the Proof. Council Minutes 12/8/81 -1- 690,5 Mr. Goggin reported the Planning Commission held a hearing on the Council's request to consider controlling the front yard setbacks of all type vehicles in both the yard area and driveway area. The Planning Commission has approved of the Ordinance submitted to the Council for consideration. Mr. Sorensen explained the following changes should be made to the proposed Ordinance: In the title, the word "deletion" should be replaced with "repealing." In Section 1, second line beginning with the word "temporary," that word should be deleted. Section 2, Subsection (2), the third line should read, "parked or stored in an area in which parking is permitted and/or..." On the fourth line, "setbacks" should read "setback." Section 3, the first sentence should read, "Parking areas shall not be per- mitted in a required ,front yard setback area or any portion of a required street corner sideyard setback area in the residential zone nor any portion of a street setback area that is required to be landscaped in any other zone." There being no one present to speak in favor of the proposed amendments, Mayor Mackaig then asked if there was anyone present to speak in opposition. Marilyn Kennedy, 12018 Brookshire Avenue, said she has a trailer parked on the side of the house on an apron and that because of the width of Brookshire her lot is narrow. She is opposed to storing the trailer in a storage yard and commented on the asset of having a trailer, particularly in case of an earthquake. Mr. Ben Benezette, 7935 Devenir Street, said a majority of recreational vehicle owners take pride in ownership, and many are owned and operated by retired persons. He mentioned he has canvassed the City to see where the recreational vehicles are stored, and very few are eyesores Mr. Gary Phillips, 7927 Hondo Street, cited the lack of storage spaces and the high price for renting the spaces. Most people have paid large prices for their vehicles. Mr. Bill Grant, 8710 Byers Street, said he keeps his motor home in a clean condition. It is parked in his driveway and gives his neighbor privacy. There being no one else wishing to speak, it was moved by Councilman Swearingen, seconded by Councilman Cormack, and so ordered to close the hearing. During discussion, Mr. Goggin pointed out the Ordinance is not restricted to recreational vehicles but was prepared partly at the request of the City Prosecutor who has had difficulty prosecuting cases involving people who park automobiles on on the front lawn. It is worded so that the 20 foot front yard setback will be free and clear of cars being parked or stored for long periods of time. It does allow people to park vehicles or store them in the side yard setback between homes in the rear yard, on in some cases on the driveway back of the setback line. Councilman Jackman indicated he would like staff to review this further to see if the Ordinance can be written to treat automobile and recreational vehicle owners in a like manner. It was moved by Councilman Jackman, seconded by Councilman Quinn, and so ordered to continue discussion on the Ordinance for 30 days. It will be brought back to the Council the first meeting in January. Mayor Mackaig opened the hearing on Appeal to Zone Variance No. 186 11744 Adenmoor Avenue. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to receive and file the Proof. Mr. Goggin reported on the location of the property and the zoning, which is single family residential.There is a pending zone change for R-2 with a PUD on the property but has been held until the necessary water supply has been provided for the development. The request is to construct a four -unit residential building on a lot of approximately 8,000 square feet. The applicant does not want the PUD which permits condominiums, inasmuch as he wants to rent the units. The problem, he said, is the applicant is proposing a four -unit apartment house in a R-2 zone on a Council Minutes 12/8/81 -2- 060 lot of 8,000 square feet, but he would only be entitled by Code to have three units. The four units, however, would be permitted under a PUD which allows a 25 percent increase over the density based on good design. Since the applicant is only inter- ested in apartments and, not a PUD, the 25 percent density increase would be removed. The Planning Commission approved three units on the property, and the appeal is based on a request for four units. 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. Paul Clayton, 7641 Firestone Boulevard, said he designed the project for the property owner. He was led to believe four units could be built on the land, and he referred to a map in the Planning Division office which shows an asterisk on the property, indicating it falls under the exceptional design concept and allows a 25 percent increase in density. If the 25 percent is not applicable to this property then the asterisk should be removed from the map. Mr. Clayton indi- cated this is a well -designed project. He requested the four units saying it would be economically impossible to do anything less with the property. Mr. Clayton pointed out the property owner is willing to bring a 10-inch water line into this particular area, which will provide the required fire flow on the street. There being no one else to speak in favor and no one to speak in opposition, it was moved by Councilman Swearingen, seconded by Councilman Cormack, and so ordered to close the hearing. Mr. Goggin explained an asterisk on the General Plan indicates possibility for property to have a PUD addition, but the General Plan is only a guideline, not a guarantee, and philosophies can change. He clarified that the applicant it not im- proving the water line for the entire street but is only extending it to his property. Discussion followed. It was moved by Councilman Swearingen and seconded by Councilman Quinn to approve the appeal. (See amendment.) Mr. Goggin said a motion to approve should be subject to the applicant receiv- ing subdivision approval so that he can conform to the PUD requirements on the 25 percent density. It was moved by Councilman Cormack, seconded by Councilman Swearingen, and passed by unanimous vote to amend the motion by adding approval of a PUD for the four units subject to the applicant obtaining the appropriate subdivision. The original motion as amended was then passed by unanimous vote. CONSENT CALENDAR It was moved by Councilman Swearingen, seconded by Councilman Quinn, and so ordered to approve the Consent Calendar: Minutes: Regular Meeting of November 24 November 17, 1981, and November 30. 1981 Correspondence from Southern California Edison Company regarding Application #61066 to the PUC to implement Residential Conservation Financing Program. Correspondence from Southern California Edison Company regarding Application #61067 to the PUC to increase Rates to recover the 1982 Incremental Expenses of Residential Conservation Service Program. S.S. Project #357, Florence Avenue Resurfacing: Accept work done and maintenance responsibilities (A/C #26-16239). General Warrants: #208796 - 206834; #300149 - 300378: $957,069.21. Miss California Beauty Pageant: Progress report. ORAL COMMUNICATIONS - Items not on Agenda Mr. Ken Miller, 7336 Cleargrove Drive, referred to the Council's action last meeting granting the City's reversionary interest to the Downey Community Hospital and pointed out that in 1964 the Council at that time adopted Resolution No. 1340, Council Minutes 12/8/81 -3- 6qo'7 expressing its intent to maintain control of the Hospital for the City. He sug- gested staff be authorized to do necessary research to be sure public funds have not been given away, and if they have that it was done within the limits of the law. It was moved by Councilman Jackman and seconded by Councilman Cormack to direct staff to make a complete and thorough study and bring back a report regarding possi- ble funds that could be owed to the City by the Hospital Foundation on the basis of any advancement of funds, non-payment of interest on advancement of funds, or any reason that might have occurred in the early part of negotiations when placing the Hospital before the voters or selling bonds to build the Hospital. Councilman Cormack mentioned he is doing research on this. Mayor Mackaig said when this was presented several months ago he requested this information from the City Manager. Mr. Donlevy explained when the subject first came up he requested the City Clerk and Director of Finance to research all available records to be sure there were no outstanding moneys owed to the City. The Director of Finance subsequently submitted a memo indicating that based on available records there was no documenta- tion or evidence indicating the Hospital owes any money to the City. Mayor Mackaig asked for the record if he had asked the City Manager whether the Hospital owed the City any money and that Mr. Donlevy referred to the Director of Finance's memo stating ,there was nothing owed. Mr. Donlevy concurred. Mr. Miller suggested that granting reversionary rights to the Hospital may have created a new situation. Councilman Cormack said he is conducting a study and unless he discovers infor- mation, he would not recommend a staff study at this time. Councilman Jackman requested the Council be privy to what Councilman Cormack is doing. AYES: 1 Council Member: Jackman NOES: 4 Council Members: Swearingen, Quinn, Cormack, Mackaig Failed. Mayor Mackaig declared a recess from 8:35 p.m. to 8:39 p.m. The meeting resumed with all Council Members present. ORDINANCES ORDINANCE NO. 681 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. 481, ZONE CHANGE CASE NO. 178) (FACTORY -BUILT HOUSING OVERLAY AREAS) 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 adopt Ordinance No. 681. RESOLUTIONS The Resolution ion ments on Parcel Map No. 14398 - 7431 Quill Drive was held over to the next RESOLUTION NO. 4049 A RESOLUTION OF ,THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE ROUTE 105 CENTURY FREEWAY The Resolution was read by title only. Mr. Sorensen commented that Item 10 contained in the agreement previously signed by the City Council has been deleted by the State. This item concerns re- tention by the State of State-owned right-of-way for future traffic needs, etc. He said the State has indicated it cannot commit itself to retaining those excess portions of right-of-way previously acquired but has expressed a commitment in a December 3rd letter that upon completion the State will evaluate any added needs and determine the excess property to be placed back on the tax rolls. Mr. Sorensen Council Minutes 12/8/81 -4- stated he would not object to the Council signing the agreement but pointed out the committment contained in the letter would not bind the State Department of Transportation. During discussion, Councilman Jackman mentioned Caltrans has a 1990 commitment to complete the Freeway in order to get all the Federal funds, and the State cannot commence with the Freeway until all of the agreements have been signed. He sug- gested the Council accept the agreement so that the Freeway can move ahead. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to waive further reading and to adopt Resolution No. 4049. RESOLUTION NO. 4050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING A REDUCTION OF PARKING SPACES', (11102 PARAMOUNT BOULEVARD) The Resolution was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Quinn to waive further reading and to adopt Resolution No. 4050. (See amendment to Resolution.) Councilman Cormack requested the Resolution be modified to include the pro- perty owner has met the conditions in providing the necessary parking spaces. Mr. Sorensen stated at the end of Section 2, the following should be inserted: "and a recorded covenant providing for parking on the property described." The Resolution as amended was passed by unanimous vote. Mr. Sorensen responded to questions of Mr. Don Robinson, representing the property owners, regarding how the covenant should be worded. Mr. Richard Goering, 7431 Quill Drive, referred to the Resolution on Parcel Map #14398, which was held over to the next meeting. He commented on the costs he has expended to date and requested the $500 park fee be waived. When told park fees are required, he mentioned staff indicated to him the rules and regulations are not consistent. Mr. Goering was informed the Resolution will be on the next Agenda and he will have the opportunity to speak at that time. CASH CONTRACTS It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to waive the irregularity in submission of the low bidder's pro- posal and award Cash Contract #487, Rio Hondo Inn Banquet Room Heating and Air Conditioning, to Hendey Engineering, in the amount of $17,910 (A/C #52-17520). It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to approve extra work in the amount of $4,091.63; accept the work done; and accept maintance responsibility for improvements constructed on Cash Contract #449, Site Development - Independence Park (A/C #27-17100 & #21-17100). MISCELLANEOUS ACTIONS It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to authorize the Mayor to 'execute the Architectural Agree= ment for Library Addition with Hugh Gibbs & Donald Gibbs, Architects. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to amend the 1981-82 Golf Course 'Capital Outlay Budget for Golf Course Equipment (A/C #62-4410-0950) by adding $16,000 for two mowers. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to authorize the transfer of $7,000 from the General Fund Unappropriated Fund Balance to the Capital Improvement Fund Account #40-17147 and authorize the Mayor to sign a contract with James M. Montgomery Consulting Engineers to perform an energy balance and analysis of the existing one ton per day Pyrogenic Systems equipment in Wilmington. A hearing on proposed Amendment to the DowneyMunicipal Code relating to Garages in the R-1 and R-2 zones was set for 7:30 p.m., December 22, 1981, in the Council Chamber of the Downey City Hall. Council Minutes 12/8/81 -5- 6 90 ORAL_. COMMUNICATIONS - City Council Councilman Swearingen mentioned the City of Downey will be hosting the program for the Independent Cities meeting on December 17th at Sambi's. The Councilmen and their wives are invited to 'attend. Mayor Mackaig stated Mayor Pro Tem Swearingen is the First Vice -President of the Independent Cities Association. Councilman Swearingen requested the City Manager review and report back regard- ing what can be done to promote the Senior Citizen Nutritional Program. Councilman Quinn commended the City employees and Downey Police Department for the tremendous job of handling the Downey Christmas Parade on December 6th. Councilman Cormack commended all those who worked on the City's Birthday Cele- bration held December 7th. Councilman Quinn suggested portable restrooms be placed near the staging area of the Christmas Parade route. Councilman Cormack suggested the portable restrooms be placed every two blocks. RESOLUTION NO. 4048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY HONORING ST. MARK'S EPISCOPAL CHURCH ON THE CELEBRATIO OF ITS 60TH BIRTHDAY The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to wiave further reading and to adopt Resolution No 4048. Mayor Mackaig mentioned he received a bill in the amount of $1500 from the United States Conference of Mayors for the year 1982. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to not pay the bill. At the request of Mayor Mackaig, it was moved by Councilman Cormack, seconded by Councilman Swearingen, and passed by unanimous vote that a Resolution be pre- pared for presentation on December 17th to Judge Plotkin presiding Judge for 1981. ORAL - Audience: None ADJOURNMENT - 9:07 p.m. _ rt Robert L. Shand, Ci'�y Clerk -Treasurer Milton R. Mackaig, Mayor Council Minutes 12/8/81 -6-