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HomeMy WebLinkAboutMinutes-09-23-86-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 23, 1986 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Proclamation recognizing Cerritos College's 30th Anniversary I Proclamation decl. Oct. 8 as World Lions Club Service Day I Res. #4805, Denying Amndmt. to Gen. Plan (Gen. Plan Amndmt. 86-2) Florence Av. Adopted 3 Res. #4806, Denying amendmt. to Official Zoning Map (Zone Change #229) Florence Av. Adopted 3 Presentation of Confidential Material 3 Presentation of "Promise of World Peace" 4 Removal of Items from Consent Calendar 4 Minutes: Adj. Reg. Mtg., Sept. 9, 1986; & Reg. Mtg., Sept. 9, 1986 Approved 4 Legal Claim for Rejection: Ref. #812, Yusef Johnson Approved 4 CC #SS-397, Misc. Repairs - Citywide: Accept imprvmts. & auth. addl. expenditure Approved 4 General Warrants #18127 - 18410 Approved 4 Res. #4808, Apprvg. Appl. for Pedestrian Funds for FY 1986-87 Auth. under SB 821 Adopted 4 Res. #4807, Proclaiming Oct. 5-11, 1986, as Natl. Fire Prevention Week Adopted 4 Res. #4809, Granting Appeal on ZV #462 & Amending Actions of Planning Comm. per Res. #956 (8255 Firestone Bl. - Cardono Proj.) Adopted 5 Report on Bd. of Bldg. Appeals/Design Rev. Bd. Cont'd. to Oct. 14 5 Budget Study Session Set for 3:00 p.m., Oct. 14 5 Cn. Paul commented re citizens working together as total team 5 Cn. Paul re Earthquake Preparedness Seminar 5 Cn. Paul re Dist. Atty's. response to newspaper article on violation of Brown Act 5 Kick-off to City's 30th Birthday Celebration begins 11:45 a.m., Sept. 27th 5 Recess to closed session re pending litigation 5 Meeting adjourned to 3:00 p.m., October 14, 1986, for Budget Study Session 6 Page 1 of 1 ergs MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 23, 1986 The City Council of the City of Downey held a regular meeting at 7:30 p.m., September 23, 1986, in the Council Chamber of the Downey City Hall, Mayor James S. Santangelo presiding. PRESENT: Council Members: James S. Santangelo Mayor Robert G. Cormack Randall R. Barb Roy L. Paul ABSENT: Diane P. Boggs Mayor Pro Tem (excused) ALSO PRESENT: Don Davis, City Manager Carl K. Newton, City Attorney Robert L. Shand, City Clerk -Treasurer James R. Cutts, Director of Community Development James R. Jarrett, Director of Community Services William F. Martin, Police Chief Lee Powell, Director of Administrative Services Harald J. Henriksen, City Engineer Jake Wager, Redevelopment Manager Lyle Wilkinson, Battalion Chief Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Councilman Barb. The Flag Salute was led by Connie Sziebl, new United States Citizen and member of the Downey Sister Cities Association. PRESENTATIONS Mayor Santangelo introduced the following representatives of Cerritos College, who accepted a Proclamation recognizing Cerritos College's 3Oth Anniversary: Dr. Wilford Michael, President; Dale Hardeman, President of the Board of Directors; Barbara Hayden, Board Member and member of Downey's Planning Commission; and Dr. Ada Steenhoeck, Board Member. Mayor Santangelo presented to Mr. Bob Bird, past President and current Program Chairman for the Downey Lions Club, a Proclamation declaring October 8, 1986, as World Lions Club Service Day. Mr. Bird presented to the Mayor and Council Members T-shirts and caps that will be sold at various functions, the proceeds from which will go to benefit the drug program, and a substantial donation will be made to the City's DARE program. HEARINGS Mayor Santangelo opened the hearing on Zone Change Case No. 231, for properties at 9100 through 9130 Firestone Boulevard; 9220 through 9330 Firestone Boulevard; and 11229 through 11255 Woodruff Avenue It was moved by Councilman Cormack, seconded by Councilman Paul, and so ordered to continue the hearing to 7:30 p.m., October 14, 1986, in the Council Chamber of Downey City Hall. Mayor Santangelo turned over chairmanship of the meeting to Councilman Cormack. Councilman Cormack opened the hearing on General Plan Amendment No. 86-2 and Zone Change Case No. 229, 9200 and 9204 Florence Avenue. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Barb, seconded by Councilman Paul, and so ordered to receive and file the Proof. Council Minutes 9/23/86 -1- Councilman Cormack asked if the City Clerk had received any correspondence. Mr. Shand replied a letter has been received from Mr. D. E. Biller, requesting continuation of the hearing to October 14th. Councilman Barb questioned the reason for requesting the continuance and said a zone change case has nothing to do with plans or projections but to change the use of property to high density from residential. He feels the case should proceed. Councilman Paul concurred. It was moved by Councilman Barb, seconded by Councilman Paul, and so ordered to receive and file the correspondence. Mr. Cutts explained the Planning Commission has denied a request to amend the City's adopted General Plan from low density residential to medium density residential and to change the zone from R1-7500 to R3 for two lots on Florence Avenue, one of which is vacant and the other is developed with a single family residence constructed in 1930 with a three -car garage to the rear of the property. He commented on development of surrounding properties with single family residential to the east zoned R1-7500 (single family residential); a 56- unit apartment complex to the west zoned R3 (medium density multiple family residential); and two condominium developments and a single family dwelling to the north. Mr. Cutts outlined the height limitations and setback requirements for the three options available on this matter for either keeping the zoning as is or allow R2 or R3 development. He narrated a slide presentation of the subject property and adjoining properties and mentioned the Planning Commission recommends denial of the proposed General Plan Amendment and Zone Change. Councilman Cormack asked if anyone wished to speak in favor of the General Plan Amendment and Zone Change. Mr. Doyle Biller, 9910 Birchdale, and Alfonso DiPalma, 8130 Allengrove, appeared in favor of this matter. Mr. Biller said this matter was presented to the Planning Commission with staff's recommendation for approval, and he commented on the issues raised at the hearing. Plans have been defined for a condominium development and they feel it would be an advantage to the neighbor- hood and upgrade the property. The plans are for 25 underground parking spaces for 11 units and the development will be of quality construction. Alda Sichting, 10434 Casanes, said she is a real tor-devel oper in the City and feels the lots on Florence are non -conforming as they are. R3 zoning would be an asset. Mr. Ron McKenzie, 9650 LaReina, commented in favor of Mr. DiPalma's project on Florence. Helen Lancaster, 7740 Fostoria Street, said she is the realtor handling the property and noted it has been for sale for nearly five years as single family residential. It is felt that a condominium project would improve the look of Florence and be a conforming piece of property. Mr. John Gonzalez, 12350 Orizaba, believes Mr. Biller and Mr. Di Palma will build a project to benefit the City. Councilman Cormack asked if anyone wished to speak in opposition. _ Mr. William G. Greene, 10225 Chaney Avenue, recommended the Council not change the zoning of the property to R3 multiple residential use but continue to show the property on the General Plan as the key lot to stop further encroach- ment of R3 development to the east on Florence. He feels the property can be used as two RI lots, and he has prepared a plot plan to show the property can be developed with three executive type homes, which he submitted to the Council as an exhibit to his presentation. Development of the subject property as R3 will devaluate the adjoining properties a minimum of 20 percent. Mr. Greene also submitted photographs as part of his presentation and commented on the negative impact to his property by the apartments to the west on Florence. He commented on the interest of a young couple to purchase the property and restore the residence and again he requested the Council deny the request for a General Plan Amendment and Zone Change. Council Minutes 9/23/86 -2- CcR !J Mr. Daniel Burke, 10217 Chaney Avenue, requested denial of the proposed Zone Change because it would not be consistent with the City's General Plan, which shows low density zoning on the south side of Florence Avenue east of the Del Prado Apartments, with the exclusion of East Middle School. Multiple units would create a lack of privacy and increased parking problems. Mr. Joe Clark, 10203 Chaney Avenue, said the back of his house is about 30 feet from the property line. The feels a two-story condominiums on the property would restrict air circulation and create further noise with air conditioning units. There being no one else to speak in opposition, rebuttal time was granted to the applicant. Mr. Biller commented on various features that would be allowed with R1 de- velopment, including a two-story structure. If parking is an issue, he would request the Council to drive by the neighborhood and check into the number of parking complaints on file with the Police Department. He also noted the quality projects Mr. DePalma has been involved with in the City. It was moved by Councilman Barb, seconded by Councilman Paul, and so ordered to close the hearing. Councilman Barb said as long as he is on the Council he will continue to vote against higher density in the community. He is also encouraged that someone is interested in restoring the historic home. Councilman Paul indicated his vote will be based on keeping the density as is and not increasing it. RESOLUTION NO. 4805 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING AN AMENDMENT TO THE GENERAL PLAN OF THE CITY OF DOWNEY (GENERAL PLAN AMENDMENT 86-2) The Resolution was read by title only. It was moved by Councilman Barb, seconded by Councilman Paul, and passed by the following vote to waive further reading and to adopt. AYES: 3 Council Members: Cormack, Barb, Paul ABSENT: 1 Council Member: Boggs ABSTAIN: 1 Council Member: Santangelo RESOLUTION NO. 4806 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING AN AMENDMENT TO THE OFFICIAL ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNCIPAL CODE (ZONE CHANGE NO. 229) The Resolution was read by title only. It was moved by Councilman Barb, seconded by Councilman Paul, and passed by the following vote to waive further reading and to adopt. AYES: 3 Council Members: Cormack, Barb, Paul ABSENT: 1 Council Member: Boggs ABSTAIN: 1 Council Member: Santangelo Mayor Santangelo resumed as Chairman of the meeting. Mayor Santangelo declared a recess from 8:56 p.m. to 9:09 p.m. The meeting resumed with Council Members Cormack, Barb, Paul, Santangelo present; Council Member Boggs absent. ORAL COMMUNICATIONS - Items not on Agenda Mr. John Gonzalez, 12350 Orizaba, submitted copies of letters he received from a City employee dated December 9, 1983, and October 1, 1985, one of which is labeled "confidential, attorney -client privilege." He said the letter will be made public to the press and to the taxpayers. He also complained about the expense of taxpayers funds to pay for an appeal to the Downey CARES lawsuit. Council Minutes 9/23/86 -3- Carol Gale, 10000 Imperial Highway, representing the Bahai'is of Downey, presented brochures entitled "The Promise of World Peace" and commented on the goal to attain world peace. She noted the peace statement has been presented to the President and over 160 heads of government and religious leaders throughout the world and will also be given to the Downey Library for the people of Downey. CONSENT CALENDAR Agenda Items VIII-G-1, Resolution - 1986-87 Pedestrian Improvements; and VIII-G-2, Resolution - National Fire Prevention Week, were removed from the consent Calendar. It was moved by Cormack, seconded by Barb, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Adjourned Regular Meeting, September 9, 1986; and Regular Meeting, September 9, 1986. Legal Claim for Rejection: Ref. #812, Yusef Johnson, et al. Cash Contract #SS-397, Miscellaneous Repairs - Citywide: Accept improve- ments and authorize the expenditure of an additional $9,326.26 from Account #26-16407. General Warrants: #18127 - 18410, $1,152.747.54. AYES: 4 Council Members: Cormack, Barb, Paul, Santangelo ABSENT: 1 Council Member: Boggs ITEMS REMOVED FROM CONSENT CALENDAR RESOLUTION NO. 4808 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPLICATION FOR PEDESTRIAN FUNDS FOR FISCAL YEAR 1986-87 AUTHORIZED UNDER SENATE BILL NO. 821 (S.B. 821) Councilman Paul requested the possibility of including a sidewalk on Paramount Boulevard in the area of the Country Butcher by the empty lot. He asked that this particular sidewalk, which was installed with SB 821 funds, be continued all the way down the street. Mr. Henriksen explained Paramount Boulevard has paved surfaces in the parkways, either asphalt or concrete, from Gardendale to Florence. This parti- cular area was reviewed, and the asphalt appears to be in excellent condition except for the two ends that abut concrete, which will be corrected by City crews. He believes it would not be appropriate to use the funds to reconstruct paved areas with concrete, but are intended for new sidewalk areas. Councilman Paul withdrew his request. The Resolution was read by title only. It was moved by Councilman Paul, seconded by Councilman Barb, and passed by the following vote to waive further reading and to adopt. AYES: 4 Council Members: Cormack, Barb, Paul, Santangelo ABSENT: 1 Council Member: Boggs RESOLUTION NO. 4807 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROCLAIMING OCTOBER 5 - 11, 1986, AS NATIONAL FIRE PREVENTION WEEK WITH THE THEME "LEARN NOT TO BURN: IT REALLY WORKS!" The Resolution was read by title only. It was moved by Councilman Paul, seconded by Councilman Barb, and passed by the following vote to waive further reading and to adopt. AYES: 4, Council Members: Cormack, Barb, Paul, Santangelo ABSENT: 1 Council Member: Boggs Council Minutes 9/23/86 -4- Soo, ORDINANCES: None RESOLUTIONS RESOLUTION NO. 4809 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING THE APPEAL ON ZONE VARIANCE 1462 AND AMENDING THE ACTIONS OF THE PLANNING COMMISSION PER RESOLUTION NO. 956 (8255 Firestone Boulevard - Cardono Project) The Resolution was read by title only. It was moved by Councilman Cormack, seconded by Councilman Paul, and passed by the following vote to waive further reading and to adopt. AYES: 3 Council Members: Cormack, Paul, Santangelo ABSENT: 1 Council Member: Boggs ABSTAIN: 1 Council Member: Barb RESOLUTION NO. 4810 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING WOODRUFF INDUSTRIAL PROJECT SURVEY AREA FOR STUDY PURPOSES The Resolution was read by title only. It was moved by Councilman Cormack, seconded by Councilman Barb, and passed by the following vote to waive further reading and to adopt. AYES: 3 Council Members: Cormack, Barb, Paul ABSENT: 1 Council Member: Boggs ABSTAIN: 1 Council Member: Santangelo ADMINISTRATIVE REPORTS It was moved by Councilman Barb, seconded by Councilman Cormack, and so ordered to continue the Report on Board of Building Appeals/Design Review Board to the meeting of October 14, 1986. OTHER BUSINESS - Staff Members Mr. Davis explained the September 30th date for Budget Study Session appears to be a problem for several Council Members, and he proposed holding the study session at 3:00 p.m., October 14, 1986. There were no objections. OTHER BUSINESS - City Council Councilman Paul said it was a pleasure to see what the City is all about, with people like Connie Sziebl obtaining her citizenship and the Lions Club working with substance abuse, and everyone working as a total team. Councilman Paul commented on his attendance at an Earthquake Preparedness Seminar, which he felt was life-saving and very informative and highly recommends. Councilman Paul read an excerpt from a letter of the Los Angeles District Attorney, Special Investigations Division, responding to his letter about a July 30, 1986, newspaper article indicating the District Attorney was attacking the City Council for violation of the Brown Act. The letter indicates "it was not Mr. Lapin's intent to render a personal opinion concerning what course of action should be taken by any parties, specifically the City of Downey," and Mr. Lapin has also indicated the article did not accurately reflect his comments. Councilman Paul feels it is important people know the Council acted in good faith and did not do anything wrong. Mr. Davis invited everyone to attend the kick-off of the City's 30th Birthday Celebration, beginning Saturday morning, September 27th, at 11:45 a.m. CLOSED SESSION Mayor Santangelo announced the Council is recessing to closed session for the purpose of discussing pending litigation pursuant to the provisions of Section 54956.9 - Government Code, Subdvision (a), as follows: Barrera vs. City of Downey.. Council Minutes 9/23/86 -5- G ItC' The meeting was then recessed to closed session from 9:30 p.m. to 9:50 p.m. and resumed with Council Members Cormack, Barb, Paul, Santangelo present; Council Member Boggs absent. ADJOURNMENT: 9:50 p.m. The meeting was adjourned to 3:00 p.m., October 14, 1986, in the Council Chamber of Downey City Hall, for Budget Study Session. The meeting was also adjourned in memory of Greg Shaffer, Principal Planner. Robert L. Shand, City ler - reasurer James antange , Mayor Council Minutes 9/23/86 -6-