Loading...
HomeMy WebLinkAboutMinutes-05-14-79-Adjourned Regular MeetingMINUTES OFTHE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DO6INEY ADJOURNED REGULAR MEETING MAY 14, 1979 - J=I MEETING WITH PLANNING COMMISSION The City Council/Community Development Commission of the'City of Downey held an adjourned regular meeting at 4:30 p.m., May 14; 1979, in the Council Chamber of the Downey City Hall, Mayor/Chairman Kenneth J. Miller presiding. PRESENT: Council Members/Commissioners: Milton R. Mackaig Theodore H. Jackman Mayor Pro Tem/Vice-Chairman Lyell W. Swearingen William L. Greene Kenneth J. Miller Mayor/Chairman Planning Commission: Frank Beckner Chairman John K. Morris Vice -Chairman Don Trapp A. A. D'Alessandro Norman Horney ALSO PRESENT: Charles W Thompson, City Manager Ervin Spindel, Director of Community Development Ronald Leege, Director of Finance William A. Goggin, City Planner Howard Stup, Building Official Francis E. Carter, Assistant City Planner Thomas Tincher, Housing & Redevelopment Coordinator Robert L. Shand, City Clerk -Treasurer COMMUNITY DEVELOPMENT COMMISSION RESOLUTION NO. 16 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY APPROVING AN OWNER PARTICIPATION AGREEMENT WITH STANLEY Z. DILLER The Resolution was read by title only. It was moved by Commissioner Jackman and seconded by Councilman Swearingen to waive further reading. It was moved by Commissioner Jackman, seconded by Commissioner Swearingen, and passed by the following vote to adopt Resolution No. 16. AYES: 4 Commissioners: Jackman, Swearingen, Greene, Miller NOES: 1 Commissioner: Mackaig Chairman Miller declared a five minute recess. The meeting resumed with all Council Members and Commissioners present. JOINT MEETING WITH PLANNING COMMISSION Mr. Thompson stated a question has been raised as to the amounts of additional energy required for new street lighting. Mr. James Flora, representing the Southern California Edison Company, explained the meaning of on -peak and off-peak electric loads. He distributed a rough sketch t_ drawing of a 24-hour period Edison System Graph to illustrate "peak demand" on a typical summer day and answered questions regarding high pressure -sodium vapor lamps. Mr. Flora said air conditioning is the main use during peak load hours. Councilman Jackman said a question exists, wherein the Planning Commission is asking for street lights by new property owners, and the Council's question is whether or not new lights should be requested in view of requiring additional energy, bearing in mind that adequate street lighting is a deterrent to vandalism. Discussion followed regarding peak demand and street lighting. Council/Community Dev. Comm. Minutes 5/14/79 (adj.) -1- Mr. Flora explai.nec "cime of use" new rates now effective in industries.. The new rate structure will soon be applied in residential areas, wherein electricity used during peak hours will bear a higher rate than power used during off-peak hours. This will not effect. -street lighting power consumption. Mayor Miller then,called for questions from the Planning Commission regarding any other matters. Chairman Beckner thinks variances should require a higher filing fee (fee is currently $25). Mr. Goggin will prepare a comparison study involving similar filing fees of other cities. Discussion followed regarding two -driveway lots in Downey. Mr. Goggin explained the requirements necessary for installing double driveways - on 70' wide lots. The property in question involves two homes on one lot, each to have a separate driveway. Commissioner D'Alessandro commented on the two -driveway situation. Chairman Beckner asked if the Council wants the Planning Commission to follow the same procedure as was done on the double driveway lot. Councilman Jackman said he does not think the Council can tell the Commission how to operate and it should continue to operate as is. Councilman Mackaig said he does not find fault with the ordinances. He feels every case should stand on its own merit, and if a person is entitled to a variance he would be more than willing to obtain it. Councilman Mackaig also feels the people the Commission is trying to help and the suggestions rendered are not appreciated. There is an existing need to overcome a breakdown in communications. He suggested a snapshot camera be acquired for photographing areas in question as a means for graphic studying of proposed variances. Commissioner Morris asked for information regarding sidewalk requirements. Mr. Goggin explained Section 8100 of the Downey Municipal Code requires full street improvement on variances other than R-1 property. Discussion followed regarding variances involving R-1 property. Mr. Goggin said an understanding should be made of where the staff's juris- diction lies, of what prerogatives it has, as well as the Commission and the Council. Mr. Thompson referred to Section 8100.3 of the Code, wherein the Commission may grant such relief as in the determination of the Commission will secure the maximum compliance with such provisions without injustice to the applicant. A discussion was held concerning the appeal process (Section 8100.3) and Section 8100 on normal building permits. Mr. Goggin commented on the requirement, wherein staff upholds the Code. If a constituent objects to an action by the Planning Commission, he or she may appeal their request to the Council. The Commission and Council base their findings on the Code. Staff has no objection to being overruled. Staff will inform a constituent whether a case is "good" or "bad" and will recommend same to the Planning Commission. He referred to the Mildred King case, wherein she did not speak at her appeal hear- ing. Six photographs were available for use at the hearing, but the occasion did not arise for their use. All maps for the hearing indicated two parcels, and a second residence was specifically mentioned. Councilman Greene commented on the declining school enrollment and related this to a lesser need for sidewalks. Mayor Miller said the future price of gasoline might determine the necessity for more sidewalks. Councilman Swearingen said the constituents in his district have mixed feelings regarding sidewalks. He was then excused from the meeting at 6.07 p.m. Discussion followed regarding the application of Section 8100 to sidewalks, street lights, etc., as related to commercial property. Council/Community Dev. Comm. Minutes 5/14/79 (adj.) -2-. Mr. Thompson said Section 8100 does not apply to R-1 residential except in a variance for a special benefit not extended to anyone else. Mr. Spindel pointed out the Zoning Ordinance states the Commission may impose such conditions it feels necessary for proper development, and the Commission has the right to apply those conditions. In most cases, the Commission will follow what is set forth in the General Plan. In the event of an R-1 lot split, the Commission may either require or not require sidewalks --it is not mandatory. The staff will make recommendations, and decision is based on policy set forth in the General Plan. Chairman Beckner cited an incident on Cole Street, wherein a property owner could not put in an improvement until curbs and gutters were installed. Councilman Jackman feels the Planning Commission should be informed as to what it can or cannot do. He suggested the Commission should have the pros and cons in some of the decisions the Council has overturned. Mr. Goggin said the Commission does not have to act solely on the recommenda- tions of staff. Staff recommendations and conditions are submitted to the Commission in advance to allow time for studying and asking questions. Councilman Mackaig stated for the record there was talk about sidewalks in District Four when he ran for election, and his pledge to the people was that unless a majority of the people on a block preferred sidewalks, he would not vote for a sidewalk in District Four. However, he indicated in Districts One or Two he would possibly favor a sidewalk. Commissioner Morris commented on the "51 percent" sidewalk policy, wherein the City would then complete the installation of sidewalks in any one block. Discussion followed regarding sidewalks. Mayor Miller inquired if specific requirements, such as street lights, are recorded, and Mr. Spindel replied yes. Commissioner D'Alessandro commented that if a camera is acquired, it should be a wide-angle lens and slide films used for projection onto a screen. He thinks an increase in fees would cover the costs. Trees are another problem, and perhaps five -gallon trees should be planted instead of 15-gallon trees. Commissioner D'Alessandro then spoke on "C zone" requirements, pointing out that some cities re- quire 46 feet from rooftop to rooftop. In Downey, commercial zones are penalized because of 46-foot setbacks. He prefers that each case be considered individually. Commissioner D'Alessandro commented on the lack of g.p.m. specifications on City fire hydrants and the related water main size. He suggested that any fire hydrant location problems be corrected immediately rather than waiting until the abutting property is developed. Commissioner Morris questioned the difference between "conditions" and "specifications." Mr. Spindel explained for example, the Engineering Division will make a recommendation for street lights to be installed per standards of the Engineering Division. The Planning Commission will then approve or disapprove the project. Discussion followed regarding Municipal Code Section 8100. Mr. Thompson commented on public improvements that benefit the public at -large even though the specific improvement such as a street light is located on another parcel of property. Councilman Jackman requested the City Manager to investigate a possible problem on the north side of Imperial Highway in District One involving inadequate fire hydrants to handle the fire load. At 6:43 p.m., Mayor Miller recessed the meeting to executive session to discuss litigation. The meeting resumed at 6:55 p.m. with Council Members Mackaig, Jackman, Greene, Miller present; Councilman Swearingen absent. The meeting was then adjourned at 6:55 p.m. to 5:00 p.m., May 15, 1979, in the Council_ Chamber of the Downey City Hall. / Robert L. Shand, City Clerk -Treasurer Kenneth J. Mille Mayor/Chairman Council/Community Dev. Comm. Minutes 5/14/79 (adj.) -3-