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HomeMy WebLinkAboutMinutes-12-07-76-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 7, 1976 CONTINUED PUBLIC HEARING PROPOSED COMPREHENSIVE ZONING ORDINANCE The City Council of the City of Downey held a continued public hearing on the Proposed Comprehensive Zoning Ordinance at 7:30 p.m., December 7, 1976, in the Coun- cil Chamber of the Downey City Hall, Mayor Hazel N. Scotto presiding. PRESENT: Council Members: William L. Greene Richard M. Jennings, Mayor Pro Tem Kenneth J. Miller Theodore H. Jackman Hazel N. Scotto Mayor ALSO PRESENT: Charles W. Thompson, City Manager Ervin Spindel,Director of Community Development William A. Goggin, City Planner Robert L. Shand, City Clerk -Treasurer Mayor Scotto declared that this is the time and place for the public hearing on the Proposed Comprehensive Zoning Ordinance, which was continued from the City Council meeting of November 16, 1976. She inquired if the City Clerk had received any correspondence, and the City Clerk replied he had not. Mayor Scotto advised there are two items that have not been covered --the Child Care Ordinance and Radio Ordinance. She said anyone wishing to speak to the Child Care Ordinance will be heard at this time. Mr. Felix Distler, an attorney representing Mrs. Ida Wilkins, a present Licensee under the Family Day Care Home Program promoted by the State Department of Social Welfare and Los Angeles County Public Social Services. He cited a court decision made in the Kentwood district of the Westchester area regarding day care in the home. He indicated the court held the use of a residence as a day care home did not vio- late city ordinance so long as the licensee lived on the premises, had no more than six children, including her own, the property was properly inspected and examined, and there was no outward visible evidence that the home was being used as anything else but a residence. Mr. Distler pointed out that day care in the home is adminis- tered under the State Department of Social Welfare through the County Department of Public Social Services. He questioned whether a day care operation is a violation of the normal R-1 ordinance and commented on the effect this ordinance would have on the people involved. Carol Borup, 7838 Comolette Street, spoke in favor of child care for six chil- dren in the home and questioned the limit of three children proposed by the ordinance. Mr. Goggin stated the purpose of the day care section of the ordinance is to ensure safety for children being cared for in the home. Also, he pointed out that a family with more than three children would not have to separate their children because the ordinance provides for one exception of allowing more than three children being cared for when they are of the same family. Martha Hoops, 7863 Borson Street, indicated she feels her neighbor who cares for children in the home is capable of caring for at least six instead of the proposed three Bea Bickers, 7934 Melva Street, concurred with the request for allowing day care in the home and compared day care in the home to nursery schools. Margaret Gibson, 12016 Old River School Road, spoke in favor of day care for six children in the home and commented on the costs for sending children to day care centers Patty Mercheon, 7870 Puritan Street, addressed the Council regarding costs for nursery school and home day care. She said any mother interested in the welfare of her child would check to make sure the baby sitter will provide good, safe care for her child. Ms. Mercheon indicated the City should insist that the licensed baby sitters keep their records up-to-date and also keep the City informed as to how many children they care for in the home, as well as any changes. Cheryl Crumlee, 8716 Meadow Road, stated she has a licensed home for children and pointed out that many of the licenses.are for children under two years of age because Council Minutes 12/7/76 (Continued Public Hearing - Zoning Ordinance) -1- S 56 most child care centers do not take children under the age of two. She said the County makes visits twice a year, makes an annual inspection, and in order to have a licensed home, she had to attend a class, be fingerprinted, and take a tuberculosis test. Chris Cerone, 8619 Boyson Street, explained the procedure for obtaining a day care license and the inspections made by social workers. Stephanie Robinson, 11522 Richeon Avenue, commented on the bad experience she had in leaving her baby with an unlicensed baby sitter. Alvin Williams, 11921 Pomering Road, stated from his experience with private sitters and day care centers, he feels child care in the home is more beneficial to the children. He favored allowing six children in the home. Barbara Murray, 7730 Second Street, spoke in favor of child care in the home. She said the total number of children should be six, including the.chiLdren who live there. Eileen Barden, 7870 Puritan Street, spoke in favor of child care in the home where children can be cared for evenings or weekends if necessary. She feels the City's ordinance should be in conformity with the County's ordinance for the number of chil- dren permitted. Mrs. Wilkins, Rives Avenue, stated the County allows no more than six children in the home, including the children who live there, and she cares for no more than three children at any one time. She explained there is an organization, the Child Welfare Federation Foundation, for the purpose of helping to better the licensed day care home. Mrs. Wilkins encouraged the contacting of unlicensed sitters in order to obtain their cooperation and she noted she has insurance to cover every child she cares for. She read Letters from citizens in the community supporting child care in the home, and submitted a petition also favoring up to six children being cared for. Mayor Scotto asked that a copy of the County regulations be made available. Mr. Goggin explained that following studies and any changes by Council, the pro- posed ordinance will be referred to the Planning Commission for report and recommen- dation back to the Council; the Council will make a final determination as to how the ordinance should read; and the ordinance will then be introduced, adopted, and become effective after 30 days. Councilman Jennings suggested the Council take action on the R-1 section of the ordinance. It was moved by Councilman Jennings and seconded by Councilman Jackman that in Section 9110.08(3), (Line 19), strike the portion pertaining to "three children" and replace with "up to six children can be kept in the home at any one time." Mayor Scotto inquired regarding an alternative. Councilman Miller indicated the hearing has not been closed, and he is not ready to vote on this issue. Councilman Jackman questioned the requirement of obtaining two licenses for home child care, one from the City and one from the County. Mr. Goggin stated if the Council desired, it can classify day care in the home as a specific home occupation, which would still require a permit but no fee, and the City would still have a record of the licensed homes. Councilman Greene also indicated he is not ready to vote on this. Councilman Jackman withdrew his second. The motion then died for lack of a second. Mayor Scotto declared a recess at 9:33 p.m. The meeting resumed with all Council Members present. Mr. Don Royer, 18765 Santa Isadora, Fountain Valley, attorney representing the amateur radio operators in Downey, commented on the number of people operating trans- mitters throughout the country. He pointed out that the amateurs of the City urge the Council to adopt some form of regulation in this area, primarily directed at safety aspects. Mr. Royer then proceeded to review Section 9134.24 pertaining to regulations for radio and base transmitting stations and towers. He said there are ambiguities in the ordinance and it should be rewritten. A discussion was held regarding the permitted height of antennas. Council Minutes 12/7/76 (Continued Public Hearing - Zoning Ordinance) -2- Mr. Spindel stated the wording of the first paragraph under Section 9134.24 per- taining to transmitting and receiving towers will be clarified. Mr. Royer indicated he would like to be advised of any future study sessions regarding this matter. Mr. Ronald Mushin, 9356 Farm Street, concurred with Mr. Royer and pointed out that technically a transmitting antenna is a receiving antenna and a receiving antenna is a.transmitting antenna --they are bilateral. Therefore, he said, a television antenna should be included under this section of the ordinance. Mr. Mushin indicated that allowing a height of 10-to-15 feet for antennas above surrounding structures would be satisfactory. There being no one else wishing to speak, it was moved by Councilman Jennings and seconded by Councilman Jackman to close the hearing. A discussion was held regarding setting the date for a study session on the Com- prehensive Zoning Ordinance, as well as setting guidelines on conducting the study session. The study session was set for 5:00 p.m., January 3, 1977, in the Council Chamber of the Downey City Hall. There being no further business to come before the City Council, the meeting was adjourned at 11:05 p.m. Robert L. Shand, City Clerk -Treasurer Council Minutes 12/7/76 (Continued Public Hearing - Zoning Ordinance) -3-