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HomeMy WebLinkAboutMinutes-10-05-77-Special MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF D014NEY SPECIAL CALLED MEETING OCTOBER 5, 1977 The City Council of the City of Downey held a special called meeting at 4:30 p.m., October 5, 1977, in the Council Chamber of the Downey City Hall, Mayor Richard M. Jennings presiding. PRESENT: Council Members: Kenneth J. Miller Theodore H. Jackman Richard M. Jennings Mayor ABSENT: William L. Greene Mayor Pro Tem (excused) Hazel N. Scotto (excused) ALSO PRESENT: Charles W. Thompson, City Manager Ervin Spindel, Director of Community Development Martin F. Wynne, Director of Finance William A. Goggin, City Planner Robert L. Shand, City Clerk -Treasurer Mayor Jennings announced the purpose of the special called meeting is to con- sider introduction of an ordinance repealing Ordinance No. 532, establishing effective periods for terminating imposition of the Utility Users Tax. Following will be a study session on the Comprehensive Zoning Ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING ORDINANCE NO. 532 AND ESTABLISHING THE EFFECTIVE PERIODS FOR TERMINATING THE IMPOSITION OF THE UTILITY USERS' TAX The Ordinance was read by title only. It was moved by Councilman Jackman, seconded by Councilman Miller, and so ordered to waive further reading. In view of the urgency of the Ordinance under consideration, a question was raised as to whether or not this Ordinance would be classified as an emergency measure. In the absence of the City Attorney, it was concluded that the City Clerk should read aloud the entire contents of the proposed Ordinance. The City Clerk then read the Ordinance in its entirety. Mayor Jennings raised the question as to how another Ordinance could repeal an Ordinance (No. 532), which is not yet in effect. Mr. Thompson explained the Ordinance being introduced would clearly wipe Ordinance No. 532 from the books, although the Ordinance has not yet passed through the 30-day waiting period. He said the new Ordinance will appear on the agenda of the regular meeting of October llth for adoption. Councilman Miller asked Mr. Jim Flora of the Southern California Edison Company about the billing cycles for electrical utility services. Mr. Flora replied it would be either on a monthly or bimonthly basis. Councilman Jackman suggested the Council seek legal advice on this matter. Mayor Jennings pointed out that in view of a minimum of four affirmative votes being required in order to adopt an Ordinance, and inasmuch as only three Council Members are present, all the Council could do is introduce the proposed Ordinance. Mr. Thompson mentioned the City Attorney requested the new Ordinance be intro- duced. at this meeting so as to enable five days to elapse prior to adoption of the Ordinance at the regular Council Meeting of October llth. He then reviewed the portion of the City Charter relating to adoption of an emergency Ordinance, wherein a minimum of four affirmative votes is necessary. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by the following vote to introduce the Ordinance. AYES: 3 Council Members: Miller, Jackman, Jennings ABSENT: 2 Council Members: Greene, Scotto Council Minutes 10/5/77 (special) -1- RESOLUTION NO. 3464 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING AN EMPLOYEES' DEFERRED COMPENSATION PLAN AND AUTHORIZING THE EXECUTION OF AGREEMENTS RELATED TO SAID PLAN BY THE CITY MANAGER The Resolution was read by title only. It was moved by Councilman Miller, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by the following vote to adopt Resolution No. 3464. Mr. Wynne explained the City will be assuming the role as administrator, and it is anticipated no additional staff time will be spent on the program. AYES: 3 Council Members: Miller, Jackman, Jennings ABSENT: 2 Council Members: Greene, Scotto The Council then commenced with a review of the Comprehensive Zoning Ordinance. Mayor Jennings stated the Planning Commission has submitted to the Council a list of the suggested changes requested by Council. He pointed out that under Sub -section 9132.10(4), the Council changed the minimum size for a townhouse development to "two acres" and the Commission wants it changed back to "five acres." A discussion was held regarding the townhouse development on Downey Avenue and Lexington Road. Mr. Goggin outlined the townhouse requirements under a planned unit development. Mayor Jennings feels the minimum requirement should be "two acres." Discussion followed. The Council Members agreed to leave the minimum at "five acres." Mayor Jennings then referred to Section 9128.20(2) and disagreed with the 48-inch height requirement for walls in the front yard setback as recommended by the Planning Commission. He said this was originally established at 30 inches. Mr. Goggin explained the Commission feels the height requirement is reasonable so long as it is a see -through fence. Mr. Spindel said a 30-inch wall would provide more visibility for vehicles. The Council then established 42 inches for regular walls in the setback areas and 30 inches in the triangular areas. A discussion was held regarding the Planning Commission recommendation that Sub -section 9146.20 not be deleted from the Ordinance but left in to require that all ambiguities of regulations be referred to the Planning Commission for final determination. The Council feels a person should have a right of appeal to the Council, if he so desires. Referring to Sub -section 9146.26(3)(c) under Schedule 2, Mayor Jennings feels the abatement period for billboard signs should be nine years and not six years as recommended by the Planning Commission. Councilmen Jackman and Miller concurred. Mayor Jennings said the off-street parking requirement as recommended by the Planning Commission would restrict a person from parking overnight in his driveway. Mr. Goggin explained this is intended to prevent people from leaving vehicles there for an indefinite period of time, or storing vehicles that are inoperable. Sub -section 9150.30 - Enforcement, was deleted. Mr. Goggin said the Planning Commission has requested that Sub -section 9104.220 be shown as "Shopping Center, Major or Regional;" also, at the beginning of Sub -section 9114.08(2), the words "If within an enclosed building" should be added to the beginning of the paragraph. Council Minutes 10/5/77 (special) -2- Mayor Jennings requested Mr. Spindel to review the proposed design for drainage on Seaaca Street. .A discussion was held regarding the notices to property owners for assessments for weed abatements within a subdivision on 4th Street between Rives and Paramount. Concern was stated that the properties to the south do not benefit from the alley dedication of properties to the north. There being no further business to come before the City Council, the meeting was adjourned at 5:55 p.m. Robert L. Shand, City Clerk -Treasurer William L. Greene, Mayor Pro Tem Council Minutes 10/5/77 (special) -3-