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HomeMy WebLinkAboutMinutes-04-04-77-Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING APRIL 4, 1977 The City Council of the City of Downey held an adjourned regular meeting at 5:30 p.m., April 4, 1977, in the Council 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 announced purpose of the meeting is to study Comprehensive Zoning Ordinance or anything else to come before the City Council. Councilman Greene commented on the new NO SMOKING signs in the Council Chamber. Councilman Jennings requested Mr. Spindel to compile updated costs for remodel- ing the Council Chamber ceilings ata lower height. Councilman Jackman requested steps be taken to replace Council Chamber drapes. This will be included in ceiling project. Mayor Scotto requested the City Manager to render a report at next Council meeting on School property status. Councilman Jennings recalled that the City Manager is to submit a memorandum on April 7th regarding the School property. Council will then recess to executive session for discussion. William Goggin proceeded to review the Comprehensive Zoning Ordinance and made the following changes: Sub -section 9128.04 Page 138, Item (4)(n): Change to M-2 zone. Page 139, Items (r) and (z): Deleted. Page 141, add Item (fff), Other similar uses. Sub -section 9128.06, title changed to "Limited Location." Page 141, Line 10, remove second word "which." Sub -section 9128.08 Page 142, delete Item (7) and (14). Page 142b, Items (f) and (g), the words "earthen sump" should be changed to "metal tank." Page 142c, Section 9128.08 was deleted. Sub -section 9130.04 Page 143, Item (1), should read "All permitted uses in the M-1 zone." Page 144, add Item (9), 'Other similar uses." Sub -section 9130.08 Page 145, Item (4) should read: "Automatic crew machines using material larger than 3/8" diameter." Page 144, Item (f) was deleted. Sub -section 9130.10 was deleted. Discussion was held regarding Section 9132, PUD - Planned Unit Development Overlay Zone and the density factor in various sections of the City. Sub -section 9132.30; Line 26, the word "net" was changed to "gross." Council Minutes 4/4/77, (Adjourned) -1- Sub -section 9132.42: On lines 15 and 16, following the words "City Planner," delete "within twenty (20) days from the filing of said decision of the Design Review Board as provided herein." On line 20, "Sections 9164 and 9160" should be transposed to "Sections 9160 and 9164." Sub -section 9132.40: Line 23 shall read: "All buildings, structures and improvements proposed to be retained or..." Mr. Goggin defined Section 9133, Transitional Overlay Zone, which he said would allow an increase in density on residential property. Sub -section 9133.04: On line 5, delete the words "this section" and insert "sub -section 9133.12." Sub -sections 9133.12 (1) and (3) were deleted. Sub -section 9132.44: On line 25, "Section 9164 and Section 9160" should be transposed to "Section 9160 and Section 9164." On page 180, the first two lines should read "...this section shall constitute approval of a Transitional Overlay Zone." Lines 4 and 6, "Planned Development" should be changed to "Transitional." Sub -section 9133.22 was deleted. Sub -section 9132.44 will be inserted after Sub -section 9133.24 and re -numbered. The title of Sub -section 9136.30 was changed to "Undersized Lots." Sub -section 9136.32: On line 17, the words "zones are" should be changed to "zone is." Sub -section 9136.34: On line 2, "Section 9136.28" should be changed to "Section 9136.32." Sub -section 9152.04: On page 307, add Item (i), "No special considerations are required to permit the request." The Council directed Mr. Goggin to submit the proposed changes back to the Plan- ning Commission for consideration. Councilman Jennings commented on the attractive courtyard in the Pasadena City Hall, and suggested something be done to beautify the Downey City Hall courtyard area. He further commented on the structure of departments in the City of Pasadena. Mayor Scotto suggested a meeting between the various cultural arts groups for establishing a cultural arts commission to coordinate and promote art programs and explore the possibility of using a CETA employee to assist. Councilman Jackman raised the question of how many people actually benefit from cultural activities in the City and suggested a method be established for determin- ing this. Mayor Scotto favored an ad hoc committee to explore coordinating cultural and fund-raising activities. Councilman Greene feels the co -sponsored groups may resent an ad hoc committee telling them what to do. Councilman Miller would prefer receiving reports on costs of the City's contri- butions from tax dollars collected. Further discussion ensued. Mayor Scotto will contact the cultural groups regarding this matter. A discussion was held regarding a recent letter from the Downey Community Hospi- tal. Administrator. Mr. Thompson explained that if the City does not act within 30 days on the Hospital's annual budget request, it is deemed accepted. At 9:35 p.m., Mayor Scotto adjourned the meeting to 5:30 p.m., April 11, 1977, in the Council Chamber of the Downey City Hall, for study session on the Comprehen- sive Zoning Ordinance. Robert L.'Shand, City Clerk -Treasurer Haz. Scotto, Mayor Council Minutes 4/4/77, (Adjourned) -2- a s.9 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING APRIL 11, 1977 The City Council of the City of Downey held an adjourned regular meeting at 5:30 p.m., April 11, 1977, in the Council 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 announced the purpose of the meeting is to study the Comprehensive Zoning Ordinance and any other business to come before the City Council. She stated that at the end of the meeting the Council will recess to Executive Session to dis- cuss legal matters. Councilman Greene suggested an article in the Downey Communicator informing citizens where they can obtain water conservation buttons. Mr. Spindel stated a limited supply of buttons was sent from the Department of Water Resources in Sacramento, as well as a local office at no charge to the City. He said an article is planned to appear in the Communicator regarding all types of energy conservation. Councilman Jennings commented on a problem confronting a homeowner in the City who, because of the setbacks of his property, cannot build a needed six-foot high fence due to the City's height limitations. Discussion followed. Mayor Scotto reported that she, Councilman Jennings, and Mr. Thompson met with the Downey Community Hospital Administrator and Board Members regarding the Hospital Budget. She said a suggestion was made for a meeting every 90 days, for an update of the Hospital Budget. Mr. Thompson explained ancillary services of the Hospital cover most everything other than the room rates and salaries, and the Hospital has indicated that because of the constant increase in prices, it cannot predict a 12-month budget and would rather increase ancillary service rates periodically during the year. Councilman Jackman asked whether under the present contract with the Hospital Board the City Council has the authority to disapprove any rate increase. Mr. Thompson explained under the lease agreement the City Council must take action to approve the budget and must approve any salary changes; also, the agreement does provide the Hospital Board can make changes in certain ancillary charges during the year, but it is debatable whether it can be done without Council approval. A suggestion was made that the Council receive notice of the Hospital Board's meetings. Councilman Jackman cited a need for an understanding between the Hospital Board and City Council so that each body will know what the other's position is. The Council set noon Monday, April 25th, as the date for a luncheon meeting with the Hospital Board. Mr. Goggin commenced with a review of the Comprehensive Zoning Ordinance - Section 9138. He recommended the following changes: Sub -section 9138.12(1) should be changed to read: "Corner Lots in the R-1 and R-2 zones may reduce the rear yard setback to not Less than four feet (4') pro- vided the structure does not reduce the required rear yard area by more than 50 percent." Council Minutes 4/11/77 (Adjourned) -1- Sub -section 9138.20(1): Add "See (3) below." Mr. Goggin discussed three foot side yards which were permitted prior to the City's incorporation. He suggested a section be added to the Ordinance regulating side yard extensions. The Council concurred. Councilman Jennings raised questions regarding the limited height of 30 inches for walls in the corner cutback area of corner lots as contained in Sub -section 9138.20(2). He did concur with the 30-inch height. Speaking to Section 9144, Mr. Goggin stated the Chamber of Commerce was opposed to requiring a conditional use permit for drive-in businesses. Staff feels drive-in businesses are a peculiar type of operation and requiring conditional use permits allows control by the City. He noted drive-in businesses create many traffic and noise problems. Discussion followed. Councilman Jennings asked who will be planting trees in the parkway as specified in Sub -section 9144.12(9). Mr. Goggin replied the applicant. During discussion, Mr. Thompson suggested that in Sub -section 9144.12(9), in line 16, "Department of Public Works" should be changed to "Department of Community Development." Mr. Goggin explained it has been the policy in all zone exception cases to require street trees. Councilman Jackman suggested perhaps some of the things controlled by condi- tional use permits could be controlled by a regular permit. Mr. Goggin pointed out most commercial areas are adjacent to residential areas, and drive-in businesses can create problems for residential properties nearby. It was suggested that Sub -section 9144.12(9), line 15, should read: "Trees shall be planted, as required, in the parkway...." Councilman Jennings commented on accidents involving indented tree wells, and he said the City should come to grips with this problem. He suggested cementing every empty tree well in the City. Mayor Scotto called for a report on the number of empty tree wells in the City and the cost of planting trees. The Council concurred. Mr. Spindel stated in Section 8100 of the Building Code, on construction above R-1 full street improvements are required, although trees are not included as a requirement. The Council also concurred that if trees are required for drive-in businesses, they should also be required for all developments in the City. Mr. Spindel said Section 8100 can be amended to include this. Mr. Goggin reviewed Sub -section 9144.08, which requires drive-in businesses to conform to requirements of Section 9144 in three years. He said the requirement that signs shall conform to Section 9146 was not intended to include a time limit. ----- The Council approved changing "three (3) years" to "six (6) years" on line 22, page 228. Councilman Jennings indicated dairy drive-in businesses and service stations need some special control. Mr. Goggin commented on the problems created by convenience markets, noting that many of them in other cities sell gasoline. Councilman Jackman suggested deleting convenience markets. Mr. Goggin said the convenience markets can be listed as a permitted use in the C-1 zone and require a conditional use permit. Council Minutes 4/11/77 (Adjourned) -2- Councilman Jennings suggested cocktail lounges be included. Councilman Jackman reiterated deleting convenience markets from this section; where convenience markets can be included as a permitted use in the C-1 zone, it should say "convenience markets which dispense gasoline shall require a conditional use permit." Councilman Jennings concurred. It was a consensus of the Council to require conditional use permits on con- venience markets that abut residential property. Also, convenience markets dispens- ing gasoline will be included in the C-1 zone. Mr. Goggin discussed Sub -section 9144.14(2)(b) and the proliferation of service stations at intersections throughout the City. Councilmen Greene and Jennings expressed opposition to this Sub -section as it would be restricting business. Upon a consensus of the Council, Sub -section 9144.14(2)(b) was deleted. Referring to Sub -section 9144.16, Councilman Jennings favored changing the period a service station can remain vacant from 180 to 90 days. Mr. Coggin explained it was the Planning Commission's feeling that it is diffi- cult to sell commercial or industrial property in 60 or 90 days; so, the 180 days was established. He pointed out that conversion of a service station to another use should not be permitted without approval of the Design Review Board and Planning Commission. Councilman Jennings cited a need for requiring maintenance of a vacant service station. The Council concurred that conversion of a service station to another use can- not be permitted without the approval of the Design Review Board and Planning Commission Mr. Goggin will report back with conferring on maintenance of vacant service stations. Mr. Goggin reviewed Section 9148. Sub -section 9148.06, line 10: "Two (2) parking spaces" was changed to "two (2) covered parking spaces." Further discussion ensued on Section 9148. Mr. William Cole of the Downey Chamber of Commerce commented on the parking at Downey and Warren High Schools and the parking requirements contained in Sub -section 9148.06(19). Mr. Spindel mentioned State law requires one handicapped parking space for every 100 parking spaces. A discussion was held regarding the criteria for establishing the number of parking spaces per business. Councilman Jackman feels a business should be entitled to at least one or two parking spaces specifically for that business. Mr. Goggin said if a business has an excess number of parking spaces and the employees are not parking on the lot, the ordinance requires the business to reserve those extra spaces for the employees. He then discussed with the Council design standard of parking areas, contained in Sub -section 9148.18. Sub -section 9148.20 was changed to read: "Except for required driveways, park- ing, loading, and turn -around areas shall not be permitted to occupy any portion of a required front yard setback area or any portion of a required street side yard setback of a corner lot in the residential zone, nor any portion of a street setback that is required to be landscaped in all other zones." At the end of Sub -section 9148.22(1) add: "or as specifically exempted. See Sub -section (3) below." A discussion was held regarding Sub -section (3), and the requirements for paving by businesses providing the storage of vehicles. Council Minutes 4/11/77 (Adjourned) -3- Speaking to Sub -section 9148.48, Mr. Spindel mentioned word has not been received from the State Architecture regarding adoption of regulations for required number of handicapped parking spaces. He said staff is recommending that on a lot containing ten or less spaces, one space should be wide enough for handicapped parking but not specifically designated for handicapped. Mr. Goggin commented on a change in Sub -section 9149.06(3), line 20: "Where Landscaped screening is required" should be changed to "Landscaped screening may be substituted...." On line 23, "said required screening" should be changed to "said requuired wall." Either Sub -section 9149.06(5) or 9149.14, which contain identical wording, will be removed. Discussion followed regarding Sub -section 9149.22(1)(a). Mr. Goggin defined Sub -section 9149.34(2). Sub -section (3) was changed to read: "When grade differentials exist between driveway or parking areas which cannot be mutually graded, the last developed property shall construct a masonry wall two and one-half feet in height above the highest surface." Mr. Goggin noted the City Attorney has made some corrections in Section 9150, and he will make the corrections in this section and re -submit it to the Council. Responding to questions, he said he would Like to delete the amount contained in Sub -section 9150.10. Councilman Jennings raised questions regarding Sub -section 9150.10(3). He said if the nonconforming use of land is for the keeping of an animal and the animal dies, the use should cease. Mr. Coggin said the sub -section will be reworded. The Council had no discussion or corrections to make in Section 9162. At 9:17 p.m. Mayor Scotto recessed the meeting to executive session to discuss legal matters. The meeting resumed at 10:30 p.m. with all Council Members present. There being no further business to come before the City Council, the meeting was adjourned at 10:30 p.m. !! :.,71 Robert L. Shand, City Clerk -Treasurer Hazel Scotto, Mayor Council Minutes 4/11/77 (Adjourned) -4-