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HomeMy WebLinkAboutMinutes-01-12-82-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 12, 1982 T A B L E O F M I N U T E A C T I O N S SUBJECT: General Plan Amendment 81-2, E/s Paramount bet. Albia & Conrad & 7952 & 7955 Cole St.: Make finding that negative environmental declaration be certified as in conformance w/Calif. Environmental Quality Act & guidelines set forth in adopted environ- mental guidelines of City Res. #4061, amending portion of General Plan of Land Use Map General Plan Amndmt. 81-2 (Paramount -Cole) Ord. amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #180) C7955 Cole St.) Removal of Items from Consent Calendar Minutes: Reg. Mtg., December 22, 1981 General Warrants: #208861 - 208925 #300644 - 301000 Election Supplier - 1982 Municipal Election: Auth. City Clerk -Treasurer to contract w/Martin & Chapman f/providing election services in 6/8/82 Mun. Elec. Renewal of Contract w/L.A. County Superin- tendent of Schools to provide After -school Recreation Activities for Hearing Impaired: Auth. City Mgr. re-enter agmt. for City to provide recreation activities; & auth. cont'd. use of A/C #10-44370, Selaco- Recreation, for disbursement of funds per terms of agmt. (to be deposited to Gen. Revenue A/C #10-37540) ACTION: Approved Adopted Introduced Approved Approved Approved Approved Deny Appl. #61138 of So. Calif. Edison Co. to increase rates f/electric service & direct staff to send letter in oppositn. Approved Rejection of Legal Claims: Ref. #539 & 540 Approved Res. #4058, amending Personnel Manual to reflect Implementation of "Job Sharing" Adopted PArR. Nn Ord. amending DMC re Residential Automobile Introduced; staff directed to Parking review Zoning Ord. re maximum garage provision & carports visible from the street Res. #4059, Calling & Giving Notice of Holding Gen. Nun. Election on June 8, 1982, for election of Certain Officers Adopted as amended Res. #4060, Requesting Bd. Supervisors of L.A. County to consolidate City Gen. Mun. Election w/Statewide Direct Primary on June 8, 1982 Adopted Capital Projects Budget 1981-82-Amndmts. Approved Amended Housing & Redevelopment Budget & Administrative Consolidation of Apollo Neighborhood Service Center Approved 2 2 2 2 5 F 3 3 3 3 3 3 4 4 .a Page 1 of 2 COUNCIL MINUTES, JANUARY 12, 1982 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: Seminar of Independent Cities Assn. to be held in Rancho Bernardo: Cn. Swearingen req. Council's support Cn. Quinn read letter commending employees of Water Div. Change reorganization meetings for Boards, Commissions & Committees to correspond w/City Council election Closed session re personnel & litigation Auth. maximum additional settlement offer of $1,000 in Flores case, Ref. #499 & 500 ACTION: PAGE NO. 5 5 Referred to staff for report & recommendation next meeting 5 5 Approved 6 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 12, 1982 The City Council of the City of Downey held a regular meeting at 7:30 p.m., January 12, 1982, 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 William A. Goggin, City Planner Donald Wagner, Assistant to City Manager Monica Montiero, Housing & Human Services Coordinator Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend John Smyser, First Baptist Church of Downey. The Flag Salute was led by Councilman Quinn. PRESENTATIONS: None HEARINGS Mayor Mackaig opened the hearing on General Plan Amendment 81-2, East side of Paramount Boulevard between Albia Street and Conrad Street and 7952 and 7955 Cole Street. 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 properties involved and the request to reclassify the Cole Street lots to medium density residential and the portion of Paramount Boulevard to C-2. 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 to General Plan Amendment 81-2, it was moved by Councilman Swearingen and seconded by Councilman Quinn to close the hearing. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to make the finding that the negative environmental declaration to General Plan Amendment 81-2 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. RESOLUTION NO. 4061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING A PORTION OF THE GENERAL PLAN OF LAND USE MAP GENERAL PLAN AMENDMENT NO. 81-2 (PARAMOUNT BOULEVARD- COLE STREET) 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. 4061. Mayor Mackaig announced to people in the audience interested in the proposed ordinance concerning parking of vehicles in the setback area that this item is not on the Agenda and will not be discussed by the Council this evening. Mayor Mackaig then opened the hearing on Zone Change Case No. 180, 7955 Cole Street. He inquired if the City Clerk had the Proof of Publication, and the response was yes. Council Minutes 1/12/82 -1- 6 91-6 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 R-2 with a PUD to R-3, which would permit apartment houses. 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 favor of the zone change. Mr. Frank Evola, 7857 Florence Avenue, representing the property owner, commented on development and zoning of the surrounding area, noting the design cri- teria for development of the subject property would establish as much privacy as possible to the R-1 property to the west. The R-3 zoning is requested because it is economically unfeasible to develop the property with condominiums at this time, but that a small apartment complex is feasible. Mr. Evola pointed out this property is unique in that it lies between commercially zoned and R-1 properties and would automatically become a buffer zone between the two properties. 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. Responding to questions, Mr. Goggin explained that when the original request for R-3 was presented to the Planning Commission, on the recommendation of staff the Commission reduced it to R-2 with a PUD because it was felt to be more prefera- ble. However, circumstances change and it is felt R-3 would be a better inducement at this time. When asked how many units would be involved in the project, Mr. Evola replied that even though 15 units would be allowed, they are considering 12 to 13. 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. 508, ZONE CHANGE CASE NO. 180) 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. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Items VIII-B, Correspondence, and VIII-F-1, Resolution amending the Personnel Manual regarding Job Sharing, were removed from the Consent Calendar. CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Regular Meeting of December 22 1981. General Warrants: #208861 - 208925; #300644 - 301000: $4,332,605.74. Election Supplier - 1982 Municipal Election: Authorize the City Clerk - Treasurer to contract with Martin & Chapman for providing election services in the June 8, 1982, Municipal Election. Renewal of Contract with Los Angeles_ County Superintendent of Schools to provide After -school Recreation Activities for the Hearing Impaired: Autho- rize the City Manager to re-enter into an agreement for which the City will provide recreation activities for the hearing impaired; and authorize con- tinued use of Account #10-44370, Selaco-Recreation, for disbursement of funds per terms of the Agreement. Receipt of funds from the County of Los Angeles will be deposited to General Revenue Account #10-37540. AYES: 5 Council Members: Swearingen, Quinn, Cormack, Jackman, Mackaig It was moved by Councilman Cormack, seconded by Councilman Swearingen, and so ordered to deny Application #61138 of Southern California Edison Co, for authority Council Minutes 1/12/82 -2- 6 9/(� to increase rates for electric service, and direct staff to send a letter in Opposition as has been done in the past. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by unanimous vote to reject Legal Claims Ref. #539 Colette Marie Cael and Ref. #540, Arnold Roy Bushey. RESOLUTION NO. 4058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE PERSONNEL MANUAL TO REFLECT THE IMPLEMENTA- TION OF "JOB SHARING" The Resolution was read by title only. Councilman Cormack likes the idea of job sharing as long as the insurance and other benefits are shared. He was informed the benefits would be shared equally and cut in half. The employee would also have the option of refusing health insurance. It was moved by Councilman Cormack, seconded by Councilman Swearingen, and so ordered to waive further reading and to adopt Resolution No. 4058. ORAL COMMUNICATIONS - Items not on Agenda: None ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTION 9150.06(a), (1) (2), WHICH RELATES TO RESIDENTIAL AUTOMOBILE PARKING The Ordinance 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 introduce the Ordinance. Councilman Cormack agreed with the minimum parking but questioned the maximum that would be allowed. He said if a person wants to build a four -to -five car garage and it is done properly, then it would be to the City's benefit to get cars off the lawns and streets. Mr. Goggin mentioned the maximum was established to preserve rear yard space for open space. He said if the property had enough room for more garage space then a variance could be filed. During discussion, Mr. Sorensen said if the maximum garage space allowed.is to be increased, then it would require modification of those portions of the Zoning Ordinance pertaining to lot coverage by either building or parking. Councilman Jackman feels the provision whereby carports shall not be visible from the street is too restrictive in that there are many carports which enhance the architecture of the home and are still visible from the street. AYES: 4 Council Members: Swearingen, Quinn, Cormack, Mackaig NOES: 1 Council Member: Jackman It was a consent of the Council to direct staff to review the Zoning Ordinance relative to the maximum garage provision and carports visible from the street. RESOLUTIONS RESOLUTION NO. 4059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE EIGHTH DAY OF JUNE, 1982, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PRO- VISIONS OF THE CHARTER OF THE CITY OF DOWNEY 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. 4059. (See amendment to Resolution.) It was moved by Councilman Cormack to amend the Resolution by deleting the word "translation" on the third line, Section 3. He feels the word "etc." should cover it. Council Minutes 1/12/82 -3- 0111 Mr. Shand said the City is under the Federal Voting Rights Act, which demands resorting to the bilingual concept. Also, the wording for the Resolution was given to the City by the Registrar of Voters. Mr. Sorensen suggested the word be left in the Resolution. The motion to amend the Resolution was seconded by Councilman Jackman. Mr. Sorensen indicated the translation would have to be done whether it is stated in the Resolution or not. Mr. Shand indicated this would be with the understanding the City Clerk will still conduct the election in accordance with the requirements of State Law, and the Council concurred. The amendment was then passed by unanimous vote. Resolution No. 4059 as amended was passed by unanimous vote. RESOLUTION NO. 4060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE THE CITY OF DOWNEY GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE DIRECT PRIMARY ELECTION TO BE HELD ON JUNE 8, 1982, PURSUANT TO SECTION 23300 OF THE CALIFORNIA ELECTIONS CODE The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Swearingen to waive further reading and to adopt Resolution No. 4060. When asked if the election results will be coming back to the City later than they have in the past, Mr. Shand replied it is likely the City will have the unofficial canvass following 24 hours. However, the Registrar of Voters will not certify to the canvass possibly until one week or more. Resolution No. 4060 was then passed by unanimous vote. CASH CONTRACTS: None MISCELLANEOUS ACTIONS Capital Projects Budget 1981-82 - Amendments Mr. Donlevy commented the Los Angeles County Flood Control District will fund an extreme drainage problem on Imperial Highway west of Lakewood Boulevard. He said the City had proposed funding this project with FAU and Gas Tax Funds, which could now be used to fund projects on Studebaker Road, Florence Avenue, Fairford Avenue, Paramount Boulevard, Clark Avenue, and Bellflower Boulevard, and it is recommended they be reincorporated into the project to take advantage of the excess FAU and Gas Tax moneys. It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by unanimous vote to approve amendments to the Capital Projects Budget for 1981-82. & Redevelopment Budget - Administrative Consolidation of Mr. Donlevy reported on the status of the Block Grant, noting HUD has freed up the Grant for last year and this year. He said concern had been raised by the Council regarding conditions that might be placed on the Block Grant application as to the low and moderate income housing question, and amended applications will be — coming back to the Council the first part of February. Mr. Donlevy indicated the entire 10-acre Meadow Park Project will be 100 percent for handicapped --there is no condition of 40 units for low and moderate income. If all the requirements can be met, HUD wants the project under construction by June 30th, which would be a condi- tion the developer must meet, and staff will work closely with HUD and the developer to meet the time frame. Mr. Donlevy stated the project will involve the school District, the City, the County, the State, and the Federal Government. Speaking to the amended Housing & Redevelopment Budget and Consolidation of Apollo Neighborhood Center, Mr. Donlevy mentioned since the Neighborhood Center was purchased with Block Grant Funds and so that it will fit under the terms and Council Minutes 1/12/82 -4- conditions of the Grant requirements, it is recommended this be placed under the Block Grant Division that is being formed. He then reviewed the material submitted with the recommendation pertaining to organizations leasing space at the Apollo Neighborhood Center; the amount of money being generated at Apollo Park; the exist- ing budget; and the amended budget of $2,563,549. The budget includes personnel services, maintenance and operation, capital outlay and contingency. The applica- tions for the amended Block Grant Projects will require a public hearing of the City Council. Mr. Donlevy mentioned the mid -year budget is in the format that will be used to present the preliminary budget for the entire City. The new budget will be a line item budget rather than a program budget. He said the recommended Block Grant program includes 9.75 positions, 4.75 of which are new, with two positions being transferred from Parks & Recreation and two maintenance worker positions for the Paint -up, Fix -up Program. Part of the City Manager's office salary is charged to the budget, as well as some of Finance and Code Enforcement. The salaries reflected in the budget will be offset by savings in the General Fund. Mr. Donlevy highlighted further portions of the budget. It was moved by Councilman Jackman, seconded by Councilman Quinn, and passed by unanimous vote to approve the amended six-month operational budget for Housing and Redevelopment, and administrative consolidation of the Apollo Neighborhood Service Center. CITY MANAGER'S REPORT Mr. Donlevy requested a closed session regarding a personnel matter. STAFF REPORTS Mr. Sorensen requested a closed session regarding existing litigation. ORAL COMMUNICATIONS - City Council Councilman Swearingen mentioned he and the City Manager will be involved in a seminar of the Independent Cities Association to be held in Rancho Bernardo. He requested the Council's support. Councilman Quinn read a letter commending employees of the Water Division, which he then handed to Mr. Ken Beckner, Water Board Member, who was present in the audience. It was moved by Councilman Cormack to change the reorganization meetings for .s, Commissions and Committees to correspond with the City Council election. During discussion, Councilman Cormack pointed out the City Council set the first meeting in January for Boards, Commissions and Committees to elect their officers, and then following the Council election when people are replaced they have to reorganize again. Referred to staff for report and recommendation next meeting. ORAL COMMUNICATIONS - Audience Louise Kosier, 10905 Cord Avenue, referred to the proposed ordinance pertain- ing to parking of recreational vehicles and mentioned she was informed this item would be on tonight's Agenda. She asked how people will know when it comes before the Council, and she was told it would be in the Herald American. Mr. Ken Beckner, 8342 Cheyenne Street, referred to the ordinance introduced concerning Residential Automobile Parking and prohibiting carports visible from the street. He questioned what constitutes a carport, and the City Attorney read the applicable Code section defining carports. Mr. Beckner then mentioned he has what the City might call a carport but he calls a breezeway, and he feels the breezeway enhances the beauty of his home far more than some garages. He concurred this should be reconsidered. Yvonne Enriquez, 9423 Baysinger Street, requested further information regarding the automobile (parking) ordinance. She was asked to contact the City Planner for further explanation. RECESS TO CLOSED SESSION Mayor Mackaig recessed the meeting to closed session from 8:32 p.m. to 8:59 p.m. to discuss personnel and litigation. The meeting resumed with all Council Members present. Council Minutes 1/12/82 -5- 69/7 It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by unanimous vote to authorize $1,000 as the maximum additional settlement offer in the case of Maria and Johnny Flores, Reference Nos. 499 and 500. ADJOURNMENT: 9:00p.m. ra Robert L. Shand-, City Clerk -Treasurer lion R. Mackaig, Mayor Council Minutes 1/12/82 -6-