HomeMy WebLinkAboutMinutes-03-20-61-Regular Meeting1069
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
HELD ON MARCH 20, 1961
ADJOURNED FROM MARCH 13, 1961
The City Council of the City of Downey held a regular adjourned meeting
in the Council Chambers of the Downey City Hall at 7 :30 P.M., March 20, 1961,
Mayor Carroll M. Dunnum presiding.
PRESENT: 4 Councilmen: Temple, Corbin, Peavey, Dunnum
ABSENT: 1 Councilman: Giddings
ALSO PRESENT: Oren L. King, City Manager
Royal M. Sorensen, City Attorney
Glenn Kendall, Director of Finance, Assistant City Manager
Richard Barhite, Director of Public Works
Sherman Griselle, Director of Planning
Robert W. Gain, Fire Chief
Lee Leavitt, City Engineer
Della Doyle, City Clerk
Virginia Miller, Acting Deputy City Clerk
ORDINANCE NO. 162
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DECLARING AND AGREEING THAT CERTAIN LANDS OWNED BY THE
CITY BE USED AS PARKING PLACES
It was moved by Councilman Temple, seconded by Councilman Corbin and so
ordered that further reading be waived.
It was moved by Councilman Peavey, seconded by Councilman Temple and passed
by the following vote that Ordinance No. 162 be adopted.
AYES: 4 Councilmen: Temple, Corbin, Peavey, Dunnum
NOES: 0
ABSENT: 1 Councilman: Giddings
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DECLARING THE INTENTION OF THE CITY COUNCIL OF SAID CITY
COUNCIL OF SAID CITY TO FORM VEHICLE PARKING DISTRICT NO. 1
OF SAID CITY AND TO ACQUIRE LANDS FOR PARKING PLACES AND
TO CONSTRUCT IMPROVEMENTS ON SAID PARKING PLACES AS PROPOSED
IN THE PETITION THEREFOR AND FIX THE TIME AND PLACE FOR
HEARING AND GIVING NOTICE THEREOF
It was moved by Councilman Temple, seconded by Councilman Corbin and so
ordered that further reading be waived.
It was moved by Councilman Peavey, seconded by Councilman Temple, and passed
by the following vote that the ordinace be introduced.
AYES: 4 Councilmen: Temple, Corbin, Peavey, Dunnum
NOES: 0
ABSENT: 1 Councilman: Giddings
RESOLUTION NO. 779
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING PARKING LIMITS ON FIRESTONE BOULEVARD AND
DOWNEY AVENUE
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It was moved by Councilman Peavey, seconded by Councilman Temple and so
ordered that further reading be waived.
It was moved by Councilman Peavey, seconded by Councilman Corbin, and passed
by the following vote that Resolution No. 779 be adopted.
AYES: 4 Councilmen: Temple, Corbin, Peavey, Dunnum
NOES: 0
ABSENT: 1 Councilman: Giddings
RESOLUTION NO. 780
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AUTHORIZING THE TRAFFIC ENGINEER TO REMOVE THE PARKING
METERS IN THE CENTRAL BUSINESS DISTRICT ON A TRIAL BASIS
It was moved by Councilman Temple, seconded by Councilman Peavey and so
ordered that further reading be waived.
It was moved by Councilman Peavey, seconded by Councilman Temple and passed
by the following vote that Resolution No. 780 be adopted.
AYES: 4 Councilmen: Temple, Corbin, Peavey, Dunnum
NOES: 0
ABSENT: 1 Councilman: Giddings
Mayor Dunnum stated he had talked to Supervisor Frank G. Bonelli during
the past week and Supervisor Bonelli indicated there was a possibility that the
County would participate in improvements on Imperial, Bellflower and Clark
Boulevards, in alleviating the Ardis Avenue traffic problem.
The City Clerk read a letter to Superyiagr: Bonelli written by Mayor Dunnum
asking that an amount of $25,000 be matched by a like amount from the City of
Downey for improvement in this area.
The Council had previously authorized an expenditure of funds in the amount
of $20,000, but an additional transfer of $5,000 from Capital Improvements is
necessary to cover the costs of improving this area.
It was moved by Councilman Temple, seconded by Councilman Corbin and passed
by the following vote that an additional $5,000 be transferred from Capital
Improvements Fund to make the $25%,000 available for one -half the cost of improving
Imperial, Bellflower and Clark Boulevards.
AYES: 4 Councilmen:
NOES: 0
ABSENT: 1 Councilman:
Corbin, Peavey, Temple, Dunnum
Giddings
Mayor Dunnum declared the hearing relative to the Zoning Ordinance open at this
time and asked members of the audience who wish to address the Council to step forth
and speak regarding the Ordinance.
Mayor Dunnum asked Sherman Griselle, Planning Director to give a brief resume
of the Zoning Ordinance as it now stands.
Mr. Griselle stated that the Ordinance contains three major sections:
1. Enactment and Interpretation
2. District Regulations
3. Administration
10'1
Mr. Robert Brazelton of 10029 Birchdale Avenue, Downey, filed a letter
marked Exhibit "A", requesting the Council on behalf of the Coordinating
Committee of the Downey Home Owners Association to consider the following
points;
1) The signs for the commercial properties
2) Set -back requirements as presently proposed
3) Wall requirement
4) Flexibility of the Commercial Zoning Classification
Mrs. J. H. Street, 8336 Dinsdale read a letter written by Dr. James J. Rue
in support of the requests previously made by Mr. Robert Brazelton, marked
Exhibit "B ".
Mrs. Marie Stephens, 12044 Bellflower Boulevard, stated that she was in
favor of alleys in the areas of multiple apartment buildings.
Mr. Ted Theodoroff, 8251 Norin, Downey asked for clarification on certain
sections of the Ordinance relative to the positing of notice of public hearing,
and /or mailing of the notice.
Mr. Griselle stated that relative to the notice of public hearings the
Ordinance is set up in accordance with the State Planning Act with reference
to posting or mailing of the notice.
City Attorney Sorensen was asked to explain the use of the word "or" in
Section 9129.0, Paragraph 2, "the depsoiting in the United States mail -
"or" by posting notice in a conspicuous place." He explained that the notice
may be either by mailing or by posting.
Mr. Wayne Sadler, 9131 Baysinger, asked that the Council give further
study to the Ordinance before it was adopted, in view of the fact that it will
affect the people from now on.
Mr. Chris Parr, 12936,Morning Avenue, Chairman of the Zoneing and Planning
Commission of the Board of Realtors filed a letter marked Exhibit "1" with the
Clerk which had been written to the Councilmen. He stated the Board of Realtors
agreed with requirements of the Ordinance for the most part, but requested the
"non- conforming" section be changed. He recommended two possible solutions to
the Board of Realtors request for the change.
Mr. Harry Beddoe, 10243 Paramount Boulevard, stated that 90 -95 percent of
their real estate business was transacted with home owners and asked for a
clarification of the "non- conforming" phrase of the Ordinance. He suggested that
a simple'majority (or 3 ayes) of the Council was all that was necessary in Sections
9129.21 & 9129.22. Mr. Beddoe requested some provision of an appeal to a Zone
Exception.
Mr. S. T. Ziler, 7648 Cecelia, representing the Contractor's Association
read from a letter outlining some changes the association would like considered
along with "non- conforming sections." He suggested the following minimums be
established:
1) R -1 Zones - 100' depth
R -2 Zones - 110' depth
R -3 Zones - 125' depth
2) Recommendation on the rear yard requirements. The Ordinance presently
written requires 20' minimum. He recommended 15' or 15% of the lot depth for
rear yard requirements.
3) R -3 zoning with reference to the 1 -1/2 parking spaces - this requirement is
quite restrictive.
4) The Association is not in favor of barring mulitiple dwellings in C Zones.
1.0'2
5) The Contractors Association is vitally concerned with the lot split
Ordinance, and would like the procedure simplified.
6) The requirements of width of driveways for apartment house development.
7) The Council should be able to override the Planning Commission by a
majority vote concerning the protest of a zone change.
8) The waiting period between applications for zone changes should not
be restricted where the applicant wishes to change from one zone to another.
The Mayor asked if any one else wished to be heard on the Zoning Ordinance
and there being none, it was moved by Councilman Temple, seconded by Councilman
Peavey and so ordered that the hearing on the Zoning Ordinance be officially
closed.
It was moved by Councilman Temple, seconded by Councilman Peavey and
passed by the following vote that Section 9128.11 - Page 114 be added as
follows:
"SECTION 9128.11 - Non - conforming Buildings. Notwithstanding any other
provision of this Chapter a building lawfully existing prior to the effective
date of this Chapter that could not be built under the terms of this Chapter
by reason of restrictions on yard requirements, parking and driveway require-
ments, and lot width and area requirements, such building may be continued so
long as it remains otherwise lawful, supject to the provisions of Section
9128.4 and Section 9128.5."
4AYES: Councilmen: Temple, Corbin, Peavey, Dunnum
NOES: 0
1 ABSENT: Councilman: Giddings
City Attorney Sorensen suggested that these changes which the Council
propose should be referred back to the Planning Commission for a report back
to the Council. They do not require a hearing, but a report.
It was moved by Councilman Temple, seconded by Councilman Corbin and passed
by the following vote that signs be given an amortization period of five years
instead of three as written in Section 9128.3 (sub 2).
AYES: 4 Councilmen: Temple, Corbin, Peavey, Dunnum
NOES: 0
ABSENT: 1 Councilman: Giddings
It was moved by Councilman Corbin, seconded by Councilman Temple and
passed by the following vote that Section 9129.21 - Council Action of the
Zoning Ordinance be amended to read a simple majority of 3 votes of the Council
rather than 4.
AYES: 4 Councilmen: Temple, Corbin, Peavey, Dunnum
NOES: 0
ABSENT: 1 Councilman: Giddings
It was moved by Councilman Corbin, seconded by Councilman Peavey and passed
by the following vote that Section 9129.22 be deleted relative to Protest of
Zone Change.
4 AYES: Councilmen: Temple, Corbin, Peavey, Dunnum
NOES: 0
ABSENT: 1 Councilman: Giddings
Mr. Griselle reported that an appeal to the Council in the case of a Zone
Exception and a Conditional Use Permit could be added into Section 9132, page 127.
It was moved by Councilman Peavey, seconded by Councilman Corbin and passed
by the following vote that all requests for appeals procedures to the Planning
Commission ruling be made identical.
AYES: 4 Councilmen: Temple, Corbin, Peavey, Dunnum
NOES: 0
ABSENT: 1 Councilman: Giddings
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Mr. Griselle reported that for Conditional Use Permit and for the Zone
Exception including 5 pages of Planning Commission transcript a fee of $50.00
would be made, and anything over 5 pages a charge of $10.00 per page would
be made.
It was moved by Councilman Corbin, seconded by Councilman Temple and passed
by the following vote that a $50.00 fee on any appeal be approved.
AYES: 4 Councilmen: Temple, Corbin, Peavey, Dunnum
NOES: 0
ABSENT: 1 Councilman: Giddings
It was moved by Councilman Peavey, seconded by Councilman Corbin and so
ordered that the Planning Commission work out plot plans through the Planning
Director. On the Plot Plan procedure the Ordinance is set up so that delegation
can be given to the Planning Director on certain administrative functions and a
set of standards can be set whereby some plot plans can be signed off in the
Planning Department. Where the applicant does not want to follow standards,
then the Plot Plan must be taken to the Commisision.
It was moved by Councilman Corbin, seconded by Councilman Temple and so
ordered that Mr. Griselle make a separate study on lot split and plot plan
procedures and report back to the Council.
It was moved by Councilman Peavey, seconded by Councilman Temple and
passed by the following vote that Section 9128.10, Page 114, Item 39 of the
Planning Commission corrections be deleted from the Zoning ordinance - relative
to Parking Exemption in R -3 zone.
AYES: 4 Councilmen:
NOES: 0
ABSENT: 1 Councilman:
Temple, Corbin, Peavey, Dunnum
Giddings
Councilman Temple outlined suggested changes in oil drilling requirements.
After some discussion it was moved by Councilman Temple, seconded by Council-
man Corbin and passed by the following vote that the Council accept these
recommended changes in 175A, changing 500' to 300'; 175b, striking all after the
word "material" in the second line; and 175g changing the $2,000 bond to
$1,000,000.
AYES: 4 Councilmen: Temple, Corbin, Peavey, Dunnum
NOES: 0
ABSENT: 1 Councilman: Giddings
It was moved by Councilman Corbin, seconded by Councilman Temple and so
ordered that all other changes recommended by Councilman Temple be referred
back to the Planning Commission for a report after they have given further
study.
Mayor Dunnum then outlined that this Ordinance now goes back to the
Planning Commission for their report back to the Council at which time our
province is to introduce the Ordinance. After introduction, there is a
waiting period before it is read a second time. After the second reading
it may be adopted, and 30 days after the Mayor signs the Ordinance it becomes
law.
Mr. Griselle reported the Planning Commission meets on April 5 when the
matter will be on the Commission agenda. The Commission can transmit its
report after the 5th of April to the Council for the Council Meeting on April 10.
10x'4
Mr. Brazelton asked if consideration would be given to the recommenda-
tions of the Downey Owners.
Mayor Dunnum stated that we are not going to come up with a perfect
ordinance. It is not within the province of the Council, and the Council
has submitted numerous matters to the Planning Commission for report back.
The ordinance may be adopted without these changes but is to be studied
and amended to comply with the Commission's studies. The Mayor informed
Mr. Brazelton that his letter would be included, and the Commission directed
to carefully consider the recommendations set out in the letter. He stated
the Council had to get something on the books.
Councilman Peavey advised the Council that the City Clerks are holding
a convention in New York in May, and that our City Clerk had been invited to
attend.
It was moved by Councilman Peavey, seconded by Councilman Temple and
passed by the following vote that the City Clerk be given permission to
attend, and that necessary expenses would be paid.
AYES: 4 Councilmen:
NOES: 0
ABSENT: 1 Councilman:
Temple, Corbin, Peavey, Dunnum
Giddings
Mr. King requested that an additional $3,000 be transferred from
Operations Reserve account to Account 9- 2000 -331 for use of decorational
and promotional purposes by the City.
It was moved by Councilman Peavey, seconded by Councilman Corbin and
passed by the following vote that $3,000 be transferred from Operations
Reserve to Account 9- 2000 -331 for this purpose.
AYES: 4 Councilmen:
NOES: 0
ABSENT: 1 Councilman:
Temple, Corbin, Peavey, Dunnum
Giddings
It was moved by Councilman Peavey, seconded by Councilman Temple and so
ordered that the Mayor send a letter to our State Representatives supporting
Bill #1972 which would authorize the withdrawal of territory from the Recrea-
tion Park Districts following the annexation to a City.
It was moved by Councilman Temple, seconded by Councilman Corbin and so
ordered that the telegram sent by Mayor Dunnum to Assemblymen Willson and
Porter opposing Bill #775, which would permit a candidate to disclose his
political affiliation on a municipal ballot, be affirmed and ratified.
There being no further business to come before the Council the meeting
adjourned at 10:00 P.M.
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