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HomeMy WebLinkAboutMinutes - 09-11-01 - Regular Meeting013'3 The City Council of the City of Downey held a regular meeting at 7:37 p.m., September 11, 2001, in the Council Chamber of the Downey City Hall, Mayor Robert C. Winningham presiding. PRESENTATIONS Mayor Winningham announced the presentation by the Salvation Army Southeast Corps was cancelled and will be rescheduled to a future Council Meeting. HEARINGS PRESENT: Council Members: ALSO PRESENT: Mayor Winningham opened the public hearing on ZONE CHANGE NO. 01 -23 FOR PROPERTY LOCATED AT 11221 PARAMOUNT BOULEVARD AND PROPOSED DOWNEY MUNICIPAL CODE AMENDMENT RELATING TO C -3 (CENTRAL BUSINESS DISTRICT) ZONE, ADDING SELF - STORAGE FACILITIES AS ALLOWED USES, SUBJECT TO A CONDITIONAL USE PERMIT, which was continued from the Council Meeting of August 28, 2001. Council Minutes 9/11/01 -1- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 11, 2001 Robert C. Winningham Mayor Meredith H. Perkins Mayor Pro Tem Rick Trejo Kirk O. Cartozian Keith McCarthy Gerald M. Caton, City Manager Charles Vose, City Attorney Kathleen Midstokke, City Clerk Lee Powell, Assistant City Manager Darrell George, Director of Community/Economic Development James Jarrett, Director of Community Services John Michicoff, Director of Finance Mark Sauter, Fire Chief Ron Yoshiki, Asst. Director of Community Dev. /City Planner Mark Dryer, Police Captain Jay Jarrin, Senior Planner Brian Ragland, Principal Engineer Mark Sellheim, Principal Planner Christina Vogel, Assistant to the City Manager Steven Yee, Economic Development Coordinator Shirley Conte, Executive Secretary 013'a0q Mr. Caton explained a full staff report was presented at the August 28, 2001, Council Meeting, after which the Council directed Community/Economic Development staff to bring back additional information on the status of properties surrounding the subject site. Mr. George reviewed areas pursued, noting it was difficult to locate surrounding property and business owners and many phone calls were not returned due to the absentee nature of some owners. He referred to the staff report, stating a number of the parties previously interested in this property, who were unsuccessful in negotiating a deal to acquire adjacent properties due to the unwillingness of the owners to sell, were also contacted. Mayor Winningham asked if the City Clerk had received any correspondence regarding this matter and was informed a letter was received from Jeff Weber of Resco Self Storage dated August 29, 2001, which has been circulated to the Council. Mayor Winningham asked if the applicant, or his representative, had any further comments to make at this time regarding the zone change and proposed code amendment. Jeff Weber, Resco Self Storage LLC, 901 Dove Street, Suite 270, Newport Beach, 92660, presented exhibits; submitted information regarding surrounding property owners; distributed a colored aerial photograph identifying surrounding parcels, owners, and tenants; and distributed signed memorandums from surrounding property owners and tenants, stating their support of the project. He reviewed surrounding businesses and the current lease and growth plans for the One -Day Paint business, noting the owner of the property One -Day Paint leases cannot sell his parcel without the acquiescence of surrounding property owners and vice versa. He reviewed his residual land analysis, noting the property owners involved have mutually exclusive and directly competitive interests. He felt his project provided a unique opportunity to put this property back in motion to the benefit of all involved. He responded to comments from the Council. Mayor Winningham asked if anyone present wished to speak in favor of or in opposition to the Zone Change and proposed Code Amendment. Myrtle Risley, 7938 Phlox Street, mentioned this lot has been vacant for about 10 years, has waist -high weeds and vagrants sleeping in the buildings at night and hanging around the property during the day. She stated she was not thrilled with a self - storage facility but felt traffic on Paramount Boulevard was not conducive to a business with too many turns in and out. She urged the Council to see that the current buildings were leveled, if the proposed project is not approved, and referred to a recent crime in her neighborhood where it was felt the perpetrator came over the fence from this site. Lennie Whittington, 8542 Manatee Street, advised he has called Code Enforcement a number of times regarding people living in the buildings remaining on this property and felt the buildings create a fire hazard and should have been leveled long ago. He felt a development there would solve the problems. There being no one else to speak, it was moved by Council Member Mc Carthy, seconded by Council Member Perkins, and so ordered to close the public hearing. Council Minutes 9/11/01 -2- 09905 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY TO RE -ZONE ONE (1) LOT ON PROPERTY LOCATED AT 11221 PARAMOUNT BOULEVARD FROM C -3 AND M -1, CENTRAL BUSINESS DISTRICT AND LIGHT MANUFACTURING, TO C -3, CENTRAL BUSINESS DISTRICT, AND TO ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT It was moved by Council Member McCarthy, seconded by Council Member Trejo, and to waive further reading and introduce. (Motion and second were later withdrawn. See below.) Council Member McCarthy requested a summary as to why staff recommends denial of the proposed code amendment. Mr. Jarrin discussed the issue of whether self - storage is distinguished as a commercial use, noting it is currently considered an industrial use under the City's General Plan. He advised the M -1 zone has been phased out in several areas north of the railroad tracks between Firestone Boulevard and this zone change would be a clean up item. To place self - storage on this lot requires a code amendment to reclassify self - storage as not only an industrial use but also a commercial use, subject to a conditional use permit. Mr. Vose explained the Council should look at these two items separately, noting the Ordinance for the zone change is recommended regardless of the project. It is the code amendment that is in dispute. Council Member Cartozian referred to other properties in the C -3 zone that would meet the requirements mentioned for self - storage and asked what the City can do to vanguard these other sites from being utilized for self - storage. Mr. Jarrin referred to site limitations imposed and the elimination of downtown overlay zoned areas, which are the bulk of the C -3 zone, noting the only sure way would be to rezone these other properties to a zone other than C -3. Council Member Cartozian referred to the upcoming general plan update and felt this was something staff could take into consideration. Mayor Winningham referred to the M -1 and C -3 dual zoning at this site and was informed the C -3 zone consists of about 10 feet, which is inadequate for anyone to develop under. He mentioned his concern with allowing self - storage in the C -3 zone. Mr. Jarrin noted the dual zoning was proposed to be eliminated because of the general plan and, with the underlying M -1 zone, the project would not comply with the general plan and would require variances, which also would need to comply with the general plan. He noted the size of this project must go through CEQA (California Environmental Quality Act), which also must comply with the general plan. The Planning Commission originally considered amending the general plan to reclassify this area as industrial, which was denied, as it would open the door to other industrial projects along the Firestone corridor. Council Minutes 9/11/01 -3- 013304 Council Member Trejo did not want to rezone this area and open the door for other self - storage facilities. He noted an owner of one of the surrounding parcels contacted him advising they would be willing to look into developing the subject site and he suggested staff follow this up. He felt the Council could provide a better opportunity to develop this property to optimize this area. Council Member Cartozian agreed with Council Member Trejo but noted staff will be revisiting the general plan in the months to come. He did not feel the zone change is needed to be in accordance with the general plan and recommended denial. Council Member Perkins inquired if the zone change was not approved, would that deny the proposed municipal code amendment and was informed the code amendment would not be needed at that point. Mr. Weber stated he felt self - storage is a commercial use and has been found acceptable in main commercial corridors in many cities. He noted Mr. Ferber does not want the zone change, if the code amendment is denied. He suggested a general plan amendment be instituted for commercial manufacturing that is lot specific, stating this site is next to the railroad tracks and there is no other C -3 property in the City currently that contains more than 70,000 square feet. He referred to the 10- year lease for One -Day Paint and noted he was informed it is at least a 10 -year lease. Mr. Vose noted this is a zoning hearing and lease arrangements for adjacent properties are not pertinent. Richard Ferber, Executor for the Estate of James M. Ferber, 1454 Galaxy Drive, Newport Beach, 92660, owner of the subject property, referred to the December 2000 Planning Commission Meeting, stating discussions showed it was obvious the aggressive marketing of this property for the past 10 years for retail and commercial uses had not produced a project. He noted these uses may be the highest and best but are not available and the only viable alternative is the proposed project. He commended Resco as a quality international operation and while it does not produce sales tax revenue, this site is in the redevelopment district, which affords 100 percent of the property tax increase. He referred to a letter he wrote to the Planning Commission and also hand carried to the Council explaining the history of the estate and its tax balance. Mayor Winningham advised in order to take these comments into the public record, the hearing must be reopened. The Mayor requested a recess at 8:25 p.m. and reconvened at 8:37 p.m. with all Council Members present. The Mayor stated, since it was past 8:30 p.m., that Oral Communications would be heard at this time. Council Minutes 9/11/01 -4- 0 i 39 ORAL COMMUNICATIONS Lennie Whittington, 8542 Manatee Street, referred to illegal newspaper racks on Firestone Boulevard in front of Tabbert's TV, which are not permitted. He advised holes were drilled into the sidewalk next to the curb and noted the newspaper racks do not allow anyone who parks there to open their car door. He questioned why the owner of the rack was given 30 days to remove it when they do not have a permit. He also urged the Council to direct staff to remove two large signs at the southeast corner of Firestone Boulevard and La Reina Avenue that he feels are confusing and misleading to the public. HEARINGS (Cont.) Public hearing on ZONE CHANGE NO. 01 -23 FOR PROPERTY LOCATED AT 11221 PARAMOUNT BOULEVARD AND PROPOSED DOWNEY MUNICIPAL CODE AMENDMENT RELATING TO C -3 (CENTRAL BUSINESS DISTRICT) ZONE, ADDING SELF - STORAGE FACILITIES AS ALLOWED USES, SUBJECT TO A CONDITIONAL USE PERMIT, which was continued from the Council Meeting of August 28, 2001. It was moved by Council Member Cartozian, seconded by Council Member McCarthy, and unanimously carried to reopen the public hearing. Mayor Winningham inquired if Mr. Ferber preferred taking the proposed Downey Municipal Code Amendment first before the zone change, since he had previously stated he was not receptive to the zone change without approval of the Code Amendment and the response was yes. Mr. Ferber noted Paramount Chevrolet closed in 1991 and the property was successfully marketed except for the subject parcel. He stated the beneficiaries are concerned, as is the probate attorney and the Internal Revenue Service. He reviewed his initial request to the City for a general plan amendment. He noted staff felt there was a more expeditious way and suggested a zone change, code amendment, conditional use permit and zone variance rather than a general plan amendment. The Planning Commission agreed that self - storage was a viable alternative and proceeded with the request. Planning then recommended approval of the C -3 zoning, but recommended denial of the other applications. He referred to the conditional use permit and felt if the zoning is changed to C -3, it does not open a Pandora's box, in that other applicants will need a conditional use permit, which can be denied. He felt this project was a good viable alternative that benefits everybody, stating the property cannot sit as it is for another ten years. It was moved by Council Member McCarthy, seconded by Council Member Perkins, and unanimously carried to close the public hearing. Council Member McCarthy withdrew his prior motion and Council Member Trejo withdrew his second to waive further reading and adopt the Ordinance approving Zone Change No. 01 -23. Council Minutes 9 /11 /01 -5- RESOLUTION NO. 6509 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING CODE AMENDMENT NO. 01-24 TO ADD SELF - STORAGE FACILITIES AS ALLOWED USES, SUBJECT TO A CONDITIONAL USE PERMIT IN THE C -3 (CENTRAL BUSINESS DISTRICT) ZONE The Resolution was read by title only. It was moved by Council Member Perkins, seconded by Council Member Cartozian and carried by the following vote to adopt. AYES 3 Council Members: Trejo, Perkins, Cartozian NOES 2 Council Members: McCarthy, Winningham It was moved by Council Member Perkins, seconded by Council Member Cartozian, and unanimously carried to waive further reading. (This motion was made but the vote was taken later in the meeting. It is listed in order for clarity). Council Member Trejo felt developments would be jeopardized by allowing a self - storage facility in this area and would be voting to deny the proposed code amendment. Council Member McCarthy concurred with Council Member Trejo, stating this property has potential exposure to Firestone Boulevard. He then commended the presentation, mentioned the adjacency of the property to the railroad, and the lack of frontage on Firestone Boulevard, and stated he would be voting no on staff's recommendation. Council Member Cartozian commended the presentations to the Planning Commission and Council and stated he was not against this project. He noted he would be voting in favor of staff's recommendation unless a way is found to safeguard the proliferation to other properties. Council Member Perkins inquired and was informed by staff that eight percent of the properties in the City are zoned or general planned for self - storage. He inquired how many properties meet the 74,000 square foot requirement and are outside the downtown plan overlay zone and was informed there are five. He asked if this was spot zoning and was informed it is not as there is the opportunity to assemble properties to that size. He asked Captain Dryer of the Police Department if there have been code enforcement violations regarding this property and the response was yes, with the applicant fined in 1997. He noted the property has not been maintained as it should be and the City has spent over $8,000 in court fees to correct this issue. He felt the real problem is the proliferation of self - storage in the C -3 zone with a conditional use permit and noted he will vote yes to deny the zone change. Mayor Winningham stated he called the recess because he had a concern with the impact of self - storage in the C -3 zone and to the rest of the community and conferred with legal counsel. Mr. Vose requested the Council separate the vote and just consider adoption of the zone change Ordinance at this point. Mr. Weber requested to make further comments in response to the Council discussion. Council Minutes 9/11/01 -6- oz3 #60 01 nog Council Member Perkins objected noting the public hearing was closed. It was moved by Council Member McCarthy, seconded by Council Member Cartozian and carried by the following vote to reopen the public hearing. AYES 3 Council Members: McCarthy, Cartozian, Winningham NOES 2 Council Members: Trejo, Perkins Mr. Weber suggested ways to amend the Ordinance, stating size issues and unique site characteristics that are restrictive, which make it more appropriate to allow this usage. It was moved by Council Member Perkins, seconded by Council Member Cartozian and unanimously carried to close the pubic hearing. Mr. Jarrin noted the issues mentioned by Mr. Weber were considered but advised manipulating the code amendment to apply to only one property would constitute spot zoning, unless criteria can be applied to all properties within that zone. He referred to the ratio of frontage to back, which would pass the test for spot zoning, but would not eliminate the proliferation problem. Mr. Vose noted when you allow any kind of use in a zone, you are saying it is a proper use for that zone, subject to conditions. Council Member Cartozian inquired if denying staff's recommendation for the code amendment would open the City up to other properties within that same zoning. Mr. Jarrin advised if the Ordinance came back to the Council for approval at another meeting, it would still be subject to a CUP and other properties would still have to meet site area criteria. He noted further limitations could include the railroad option or the 2 -1 frontage to depth ratio, but do not address the proliferation issue. He noted another option is to rezone other properties to the C -2 zone or to extend the downtown overlay zone to include these properties, which would render them not in the C -3 zone, not subject to the code amendment, and self - storage would not be permitted under any circumstances. Mr. Vose stated the CUP is not a failsafe mechanism but is a statement that this is a permitted use subject to conditions. The conditions have to be objective and cannot be discretionary to eliminate a particular piece of property. He stated his concern about limiting an application of the zoning, which would result in moving forward with rezoning other properties when those owners are not present for discussion. Mayor Winningham requested staff give example of objective conditions in a CUP that would control self - storage and was informed conditions applied to the recently approved self - storage facility on Imperial Highway were related to the design of the project to make it a neutral design, with standard parking, loading and unloading zones. He noted the fact there are no development standards is one of the reasons there is a moratorium on self - storage now. Council Minutes 9 /11 /01 -7- Mayor Winningham asked if there was need for a vote on the Zone Change and was informed it was up to the Council. It was noted the property owner did not want the zone change without the code amendment. Council Member McCarthy suggested leaving this up to the General Plan Review Committee. It was moved by Council Member Cartozian, seconded by Council Member McCarthy, and unanimously carried to table the Ordinance approving Zone Change 01 -23 for property located at 11221Paramount Boulevard. CONSENT CALENDAR - ITEMS FOR REMOVAL: None CONSENT CALENDAR COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, AUGUST 28, 2001: Approve. WARRANTS ISSUED: NO. 169418 — 169730; WIRE NUMBERS 164, 30000185 -192, $1,757,429.29: Approve. Council Minutes 9/11/01 -8- rO:1,. q00 It was moved by Council Member McCarthy, seconded by Council Member Perkins, and unanimously carried to waive further reading of the Resolution and approve the remainder of the Consent Calendar as recommended: APPEAL, GENERAL PLAN AMENDMENT NO. 00 -06 AND ZONE CHANGE NO. 00- 07, A REQUEST TO CHANGE THE GENERAL PLAN DESIGNATION FROM OPEN SPACE TO NEIGHBORHOOD COMMERCIAL; AND TO CHANGE THE ZONING FROM M -1 (LIGHT MANUFACTURING) AND PB (PARKING - BUFFER) TO C -1 (NEIGHBORHOOD COMMERCIAL) FOR PROPERTY LOCATED AT 12145 WOODRUFF AVENUE. (OWNER: BOEING NORTH AMERICAN FITNESS, INC.; APPELLANT /APPLICANT: IGLESIA DE CRISTO MINISTERIOS LLAMADA FINAL; REPRESENTATIVE: JOEL COLUMBO, ARCHITECT /STEPHEN SHELDON, ATTORNEY): Set the public hearing for 7:30 p.m., September 25, 2001, in the Council Chamber of Downey City Hall. APPEAL OF CONDITIONAL USE PERMIT NO. 00 -08 AND ZONE VARIANCE NO. 01 -65, A REQUEST TO ESTABLISH A CHURCH FACILITY AND VARIANCE RELATING TO VARIABLE HEIGHT AND MAXIMUM HEIGHT OF A NEW STRUCTURE FOR PROPERTY LOCATED AT 12145 WOODRUFF AVENUE. (OWNER: BOEING NORTH AMERICAN FITNESS, INC.; APPELLANT /APPLICANT: IGLESIA DE CRISTO MINISTERIOS LLAMADA FINAL; REPRESENTATIVES: JOEL COLUMBO, ARCHITECT /STEPHEN SHELDON, ATTORNEY): Set the public hearing for 7:30 p.m., September 25, 2001, in the Council Chamber of Downey City Hall. 0139111 RESOLUTION NO. 6510 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY JOINT POWERS AGREEMENT ADMITTING TO MEMBERSHIP THE CITY OF PALM SPRINGS ORDINANCES: None RESOLUTIONS: None ADMINISTRATIVE REPORTS: None OTHER BUSINESS - Consent Calendar - Items removed by Council Annroval: None OTHER BUSINESS - Council Members Council Member Cartozian quoted former President Franklin Delano Roosevelt stating "today is a day that will live in infamy," referring to the events this morning in New York, Washington D.C., and Pennsylvania that threatened the nation's security. He mentioned taking the opportunity to make it a valuable lesson in history for his high school students and commended their maturity. He noted our nation and its leaders will respond in the best interest of our country and he prayed that the light would be found at the end of the tunnel to safeguard the country in this difficult time. Council Member McCarthy mentioned his participation in the Downey Sister Cities Association's Mexican Fiesta event last Sunday at Los Amigos Golf Course, which was well done and well attended. Council Member McCarthy mentioned attending an artist's reception at the Downey Museum of Art, where artist Phillip Glashoff is presenting sculptures that are welded together from found objects. He noted it is very playful and entertaining and urged everyone to take a look. Council Member McCarthy noted we are in the middle of Transformation Values Week and commended the people who put this event together. He noted the ten values selected are good solid character principles that anyone would look for as an employer. Council Member McCarthy commented on today's terrorist attacks in New York, Washington D.C., and Pennsylvania and felt we will look back on them as one of the most horrible things that have happened in man's history. Our hearts and prayers go out to the people on the East Coast who are still suffering. He requested the meeting be closed in memory of the thousands of innocent victims. Council Member McCarthy encouraged everyone to attend the Citizens for Downey Meeting tomorrow at Rio Hondo Country Club, where City Clerk Kathleen Midstokke will be speaking. Council Minutes 9 /11 /01 -9- • 013312- Council Member Trejo commended Public Works staff for installing the traffic signal at Old River School Road and Adwen Street to protect school children in this area and for completing the installation prior to the beginning of the new school year. Council Member Trejo commended the Auto Zone business on Paramount Boulevard north of Florence Avenue, stating its landscaping and aesthetics are an asset to the City. Council Member Trejo referred to the World Trade Center disaster and noted it is unfortunate this is the world our children have to live in. Coast. Council Member Perkins noted everyone's feeling run deep with the situation on the East Council Member Perkins thanked Fire Chief Sauter for the presentation and receipt of the City's two new fire trucks, one for Fire Station 1 and one for Fire Station 2. Council Member Perkins congratulated Mayor Winningham on his appointment as Third Vice - President of the Board of Directors of the Independent Cities Association. Mayor Winningham indicated Transformation Values Week kicked off with a walk from a church on Paramount Boulevard to City Hall. He noted this event is non - denominational and involves 22 local churches and many civic leaders and businesses. He mentioned there would be other activities held this week, with some dedicated to the events on the East Coast. Mayor Winningham mentioned a Unity Picnic at Lakeside Park on the border of Downey and Norwalk on Sunday as part of Transformation Values Week, which was a great barbecue attended by 500 -800 people. Mayor Winningham advised the Mayor's Prayer Breakfast is Thursday, October 18th and invited everyone to attend. Mayor Winningham noted Constitution Week is September 17 -23, where the Daughters of the American Revolution will hold an event at Gallatin Elementary School. Mayor Winningham mentioned receiving a letter from Judge Perkins and welcomed new Judge Kenji Machida to the Downey Court System. Judge Machita will replace Judge Laurie Zelon. Mayor Winningham indicated volunteers are needed for the Downey City Library and encouraged participation. OTHER BUSINESS - Staff Members: None Council Minutes 9111/01 -10- 013`313. ADJOURNMENT: 9:37 p.m. The meeting was adjourned in memory of the victims of the terrorist attacks and the Police and Fire personnel and volunteers who put their lives aside to assist others at the tragedies today at the World Trade Center in New York, the Pentagon in Washington D.C., and in rural Pennsylvania, to 6 :30 p.m., September 25, 2001, in the Council Chamber of Downey City Hall. Kathleen L. Midstokke, City Clerk H :ICCLERKISCONTE\hIINUTES\cann09l 1 Council Minutes 9/11/01 -11- Robert C. Winningham, Mayor