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HomeMy WebLinkAboutMinutes - 08-14-12 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING AUGUST 14, 2012 The City Council of the City of Downey held a Regular Meeting at 7:30 p.m., August 14, 2012, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Brossmer presiding. PRESENT: Council Members: Roger C. Brossmer Mayor David R. Gafin Mayor Pro Tem • Mario A. Guerra Luis H. Marquez Fernando Vasquez ALSO PRESENT: Gilbert Livas, City Manager John Oskoui, Assistant City Manager /City Treasurer Yvette M. Abich- Garcia, City Attorney Adria M. Jimenez, City Clerk Lonnie Croom, Fire Chief Rick Esteves, Chief of Police Brian Saeki, Community Development Director Arlene Salazar, Interim Parks & Recreation Director John Michicoff, Finance Director Gladys Chavez, Secretary The Invocation was delivered by Chaplain Steve Mitchell, Downey Regional Medical Center. The Flag Salute was led by Council Member Luis Marquez. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE /MEETING REPORTS Council Member Vasquez reported attending the ribbon cutting ceremony of Robert Wielenga M.D. and Associates; attended the Chamber of Commerce Annual Businesses of the Year and Volunteer Awards Luncheon at the Rio Hondo Event Center; attended the soft opening of the Downey Art Vibe, and attended the Annual Coca Cola Family Fun Day. Council Member Guerra reported attending several budget sub - committee meetings; thanked Financial Partners for hosting the Great Balls of Fire: Comets, Asteroids, and Meteors national traveling exhibition program at the Columbia Memorial Space Center; reported on the upcoming neighborhood watch meetings; reported on the ribbon cutting events for Harbor Freight Tools, The Marketplace Grill & Cafe, and Wal -Mart; thanked staff for a very successful 2012 Twilight Summer Concert Series at Furman Park, and, commented on the City's no smoking ordinance at public parks. Mayor Pro Tem Gafin mentioned that the 2012 Twilight Summer Concert Series at Furman Park is coming to a close; recognized Downey Chamber of Commerce Board of Director Karina Madriaga and Community Services Commissioner Mark Vasquez who were in the audience. City Council Regular Meeting Minutes of August 14, 2012 1 PRESENTATIONS: Postponed to August 28, 2012. CHP 10851 Award Presentations NON - AGENDA PUBLIC COMMENT Martin Orloff, Downey business owner, spoke about his concerns with the City's decision to eliminate street parking on Firestone Boulevard between Brookshire Avenue and Paramount Boulevard. Art Valencia, Downey business owner, spoke about his concerns with the City's decision to eliminate street parking on Firestone Boulevard between Brookshire Avenue and Paramount Boulevard. Tony Tinajero, resident, spoke about an incident with a neighbor and requested the City's assistance in removing his neighbor from the neighborhood. The following people spoke regarding the officer - involved shooting: Jean Thaxton Ron Thomas Edwin Thomas Snell Terry Ramirez Lema Harris Ron Bouris Terry (no last name provided) CONSENT CALENDAR ITEMS REMOVED: None. CITY COUNCIL CONSENT CALENDAR It was moved by Council Member Vasquez, seconded by Mayor Pro Tem Gafin, with Mayor Brossmer abstaining from Item No. 8, to approve the Consent Calendar. 1. APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings of July 24, 2012; and Special Meeting of July 26, 2012. City Clerk. 2. APPROVED WARRANTS ISSUED: Warrant Nos. 269643 — 270184; Wire Nos. 30002633 & 30002670, 30002702 & 30002709, 30002712 — 30002721 and, 919 — 936 in the total amount of $8,936,732.14: Finance. 3. CASH CONTRACT NO. 690 - FIRE STATION EMERGENCY VEHICLE EMISSION EVACUATION SYSTEMS PROJECT: APPROVED PLANS, SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS: Public Works. 4. CASH CONTRACT NO. S.S. 619 - WOODRUFF AVENUE AT WASHBURN ROAD TRAFFIC SIGNAL UPGRADE: Public Works. A. APPROVED PLANS AND SPECIFICATIONS, AUTHORIZED SOLICITATION FOR BIDS AND EXECUTED PROGRAM SUPPLEMENT AGREEMENT. B. ADOPTED RESOLUTION NO. 12 -7367, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. 031 -N TO THE CITY OF DOWNEY — STATE MASTER AGREEMENT NO. 07- 5334R. City Council Regular Meeting Minutes of August 14, 2012 2 5. CASH CONTRACT NO. S.S. 630 - COLUMBIA WAY PAVEMENT REHABILITATION PROJECT: REJECTED BIDS AND AUTHORIZED STAFF TO RE- SOLICIT FOR BIDS: Public Works. 6. APPROPRIATED $85,500 FROM THE ASSET FORFEITURE FUNDS TO BE USED TO RECONDITION 31 PATROL VEHICLES AND TO PURCHASE AN ELECTRONIC SECURITY KEY CABINET FOR USE BY THE POLICE DEPARTMENT: Police Department. 7. APPROVED AMENDMENT NO. 1 TO THE MEMORANDUM OF AGREEMENT WITH THE GATEWAY CITIES COUNCIL OF GOVERNMENTS FOR PARTICIPATION IN THE COORDINATED MONITORING PLAN FOR THE LOS ANGELES RIVER AND TRIBUTARIES METALS TMDL; AND, APPROPRIATE $2,625.59 FROM THE POLLUTION DISCHARGE ELIMINATION SYSTEM FUND FOR FY 2012/2013 EXPENSES: Public Works. 8. APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENTS FOR PROGRAM YEAR 2012 -2013 WITH A COMBINED TOTAL ALLOCATION OF $37,980: Community Development. A. ARC LOS ANGELES & ORANGE COUNTIES - $7,791 B. DOWNEY UNIFIED SCHOOL DISTRICT - $21,100 C. THE WHOLE CHILD - $9,089 ADMINISTRATIVE REPORTS 9. DISCUSSION OF ALLOWING RESTAURANTS WITH LIVE ENTERTAINMENT IN THE PROFESSIONAL OFFICE ZONE ALONG FLORENCE AVENUE: Community Development. Community Development Director Saeki reported on the City's C -P Zone, zoning for professional offices. The C -P Zone is intended to provide for the development of integrated offices and professional offices where restaurants may also be located. Currently there are ancillary uses to support those businesses: restaurants, cafes, and coffee establishments are allowed by right, but shall not exceed 10 percent of the gross floor area of a building, drive -thru establishments are allowed with conditional use permits (CUP) and live entertainment is not allowed. City Code defines live entertainment as amplified music: Disc Jockey, live band, and Karaoke. In 2008 a comprehensive zoning analysis was conducted and zoning codes were updated at that time. During that analysis, live entertainment was studied and it was determined that due to the close residential proximity, live entertainment would create a nuisance. Mayor Brossmer opened the meeting for Public Comment. Having no one come forward, Mayor Brossmer closed Public Comment. Council Member Guerra stated that the current zone is antiquated and recommends the City Council move to amend the current C -P Zone. He stated that from a business aspect, the current zone regulations do not make good business sense. Mayor Pro Tem Gafin stated being in favor of amending the current zone especially if you consider g p Y Y the City is looking into putting a variety of businesses that would compliment each other in the Downtown area. He did express concern with the interfacing of the professional offices at the location. However, he stated that a CUP would be a safeguard and will allow the City to enforce time limitations to avoid any disruption to the professional offices or cause a nuisance to the residents. City Council Regular Meeting Minutes of August 14, 2012 3 Council Member Marquez stated that there has been a lot of change since 2008 and it makes good business sense to look into changing the current zone. Council Member Vasquez stated being in favor of changing the zone. He mentioned it would create the perfect balance to ensuring there is no infringement or nuisance to the residents and yet protects the professional offices. Mayor Brossmer advised that the City Council was taking no action other than directing staff to proceed with options on zone changes. City Manager Livas clarified that a CUP runs with the land therefore, every tenant would receive the same rights and benefits. Mayor Brossmer stated that staff would come back to Council with options that would make sense for the City. It was unanimously carried to approve amending the C -P Zone. SUCCESOR AGENCY 10. APPROVED RECOGNIZED OBLIGATION PAYMENT SCHEDULE AS SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT COMPONENT OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY FOR PERIOD JANUARY 1, 2013 THROUGH JUNE 30, 2013: Community Development. Community Director Saeki stated that acting as the Successor Agency to the Dissolved Redevelopment Agency for the City of Downey he was requesting consideration of the City's obligation payment schedule as required by the State of California per the dissolution of AB1 X26 for the period of January 1, 2013 thru June 30, 2013. Mayor Brossmer opened the meeting for Public Comment. Having no one come forward, Mayor Brossmer closed Public Comment. It was moved by Mayor Pro Tem Gafin, seconded by Council Member Marquez and unanimously carried to approve staffs recommendations. OTHER BUSINESS: None. ADJOURNMENT The meeting adjourned at 8:38 p.m., to 6:30 p.m., August 28, 2012. (71(11. ...AA ADRIA M. JIME EZ, MC ROG ir C. BROSSMER, Mayor City Clerk City Council Regular Meeting Minutes of August 14, 2012 4