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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 =1711 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 1073 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. 7 City Cr erk r