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HomeMy WebLinkAboutMinutes - 06-25-13 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY — REGULAR MEETING JUNE 25, 2013 The City Council of the City of Downey held a Regular Meeting at 7:32 p.m., June 25,2013, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey,California, Mayor Guerra presiding. PRESENT: Council Members: Mario A. Guerra Mayor Fernando Vasquez Mayor Pro Tern Roger C. Brossmer (excused) Luis H. Marquez Alex Saab ALSO PRESENT: Gilbert Livas, City Manager John Oskoui, Assistant City Manager Yvette M. Abich Garcia, City Attorney Adria M. Jimenez, CMC, City Clerk Shannon DeLong, Assistant to the City Manager Lonnie Croom, Fire Chief • Carl Charles, Police Chief Brian Saeki, Community Development Director Arlene Salazar, Parks & Recreation Director Gladys Chavez, Secretary The Invocation was delivered by Swami Devprakash of Shree Swaminarayan Mandir Temple.The Flag Salute was led by Arnold Lopez of the United States Army. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS Council Member Marquez welcomed everyone in attendance. Mayor Pro Tem Vasquez welcomed everyone in attendance. He reported attending: an 1-5 Freeway Joint Authority Expansion Project meeting; a ribbon cutting ceremony at the ARCO gasoline station on Florence Avenue; and, the CareMore Medical Group's 20th Anniversary. He recognized Downey Unified School District Board Members Sodetani and LaPlante who were in the audience. Council Member Saab welcomed everyone in attendance and recognized Downey Chamber of Commerce Executive Director Clausen who was in the audience. He reminded residents to submit their application for the Business of the Year Award and also reminded residents of the upcoming Humanitarian Award hosted by the Downey Chamber of Commerce. He reported attending the 2013 All-America City Awards in which the City of Downey was the winner. He reminded everyone of the "America Is Your Park" campaign sponsored by the Coca-Cola Company and requested selecting Furman Park as the park of choice. He stated the Fire and Police Department will launch a safety program to keep the residents safe and prevent the use of illegal fireworks this July 4th. He requested staff review changing the City Council meetings to an earlier time. He welcomed his parents Mr. and Mrs. Saab, his wife Giggi, son Dominick, and Youth Commissioner Sodetani who were in the audience. City Council Regular Meeting Minutes of June 25,2013 1 Mayor Guerra welcomed Downey Chamber of Commerce Executive Director Clausen who was in the audience. He reported attending the CareMore Medical Group's 20th Anniversary. He stated that crime was down due to the efforts of the Police Department and thanked the Fire Department for their focus on public safety. He attended Warren High School's Graduating Class of 2013 ceremony. He stated Mayor's Walking Wednesdays at 6 p.m. will be moved to Warren High School during the remodeling of Downey High School's field and thanked Downey Unified School District Board Member Harris for facilitating this change. He stated children should enjoy the summer safely and thanked the community for working together to practice safety first. He mentioned the benefits of our new Sister City relationship with Roscommon County Ireland from a cultural, historical, and economical standpoint. He mentioned Stay Gallery will host an art exhibit from an artist from Roscommon County next summer. He stated the Independent Cities Association has requested City Council Members be guest speakers during an upcoming conference in regards to Downey's success in changing the health care of the community. He requested staff review the implementation of a local hiring program for Tierra Luna; utilize volunteer organizations in the City for City programs; requested staff continue working on keeping street light poles clean, and clear the medians of weeds and overgrown shrubbery. PRESENTATIONS Mayor Guerra's Healthy Downey weight was 262 pounds. Mayor Guerra presented Certificates of Recognition to Downey's All-America City Delegation and included a brief slide show of photos taken during the event. Mayor Guerra and Keep Downey Beautiful Coordinator Rowland presented the Home&Business Beautification Awards. Parks & Recreation Director Salazar and California State Polytechnic University Professor Delgado presented a Park Master Plan status report to the City Council. Mayor Guerra thanked Professor Delgado and the students for their work. City Manager Livas stated that due to the complexity of this document staff will prepare a workshop to address questions and he thanked Professor Delgado and the students for being able to produce this work and save the City a significant amount of money. Mayor Pro Tern Vasquez thanked Professor Delgado and the students for their work. He requested clarification on whether Wi-Fi in parks was addressed during this study. Professor Delgado stated that recommendations regarding Wi-Fi in our City's parks were not addressed but the study does provide information of parks in urban areas that include Wi-Fi. She provided the example of The Highline in New York City, New York. Council Member Saab thanked Professor Delgado and the students for their work. He requested clarification on whether the use of parklettes was included in the study and the utilization of undeveloped space along freeways. Professor Delgado stated that there were some recommendations for parklettes but suggested park consolidation instead because of the City's abundance of parks. She stated that space along freeways was discussed in the report and will also be part of a future process. .-- City Manager Livas stated that the focus of a Park Master Plan was to look at maximizing current resources. City Council Regular Meeting Minutes of June 25, 2013 2 NON-AGENDA PUBLIC COMMENT: This item was taken out of order. Resident (no name provided), thanked the City Council for coordinating a meeting with residents that will address concerns regarding the Via Amorita and Woodruff Avenue proposed street light. Council Member Saab stated the meeting will be held July 8 at 6 p.m. in the City Library's Cormack Room. PUBLIC HEARINGS 1. CIVIC CENTER MASTER PLAN/DOWNEYLINK STUDY: Community Development. ADOPTED RESOLUTION NO. 13-7423,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION AND APPROVING THE CIVIC CENTER MASTER PLAN/DOWNEYLINK STUDY. Mayor Guerra opened the Public Hearing at 9:00 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Council Member Marquez, and so ordered to receive and file. City Manager Livas clarified that tonight's Public Hearing was regarding how the Fixed Route plan will fit into the Civic Center and Downey Link Master Plan. Senior Planner Blumenthal stated the Civic Center Master Plan will address deficiencies in the center part of the City, particularly the Civic Center. He stated that the City entered into a partnership with the Southern California Association of Governments (SCAG) in 2012 to assist in preparing the Civic Center Master Plan and the Downey Link Study in order to draw more people into the Downtown area. He stated the proposed plan will be accomplished in two phases. He reported on existing City buildings: City Hall, Police Department, Civic Library, Downey Civic Theater, and 727 parking spaces. He also included surrounding buildings that share the City's parking spaces: Embassy Suites Hotel and the First Baptist Church. He reported on proposed changes to these existing facilities: re-configuration of the parking lot adjacent the Civic Library, a new public park that would have public restrooms and a tot-lot for kids, a drop-off zone for school children, re-connect Dolan Avenue to Firestone Boulevard to Third Street, a new parking lot west of the Police Department, relocating the City's historical arch, and an outdoor area to include a coffee shop near the Civic Library. He reported on the surrounding building owned by Embassy Suites Hotel and stated they are proposing an area for outdoor dinning and possible collaboration with the City. Mayor Pro Tern Vasquez requested clarification of a walking path in the proposed parking lot plans. Senior Planner Blumenthal stated there would be a walking path going North and South connecting the Civic Center to Firestone Boulevard and East to West connecting the Library to the First Baptist Church. He reported on Phase II of the plan stating it would include a three story parking structure that would have 989 parking spaces and 3000 sq. ft. of tenant space available for use; relocation of the City's historical arch; a water feature; and,an outdoor patio. Phase II also includes recommendations to the Downey LINK: utilize the Metro Greenline Station to better connect people to the Downtown area; provide signal priority to the busses; and, better Americans with Disabilities Act(ADA)access.The final recommendation to better serve the Downtown area is to abandon the current loop system for public transportation and utilize a two-way system. He stated the goal of the plan is to continue serving the public, students, and workers. He thanked Studio One Eleven for their assistance on this Master Plan. Council Member Saab asked for clarification on signal priority. City Council Regular Meeting Minutes of June 25, 2013 3 Senior Planner Blumenthal stated signal priority refers to the ability of an automated system that communicates with traffic signals to hold a traffic green light longer or provide a shorter traffic red light in order to keep busses running on schedule. Mayor Guerra requested an estimated cost for implementation of the Master Plan. Senior Planner Blumenthal stated the initial cost estimate was $14 million to implement. Council Member Saab requested an estimated time frame to complete this project and how the public could have access to this information. Senior Planner Blumenthal stated that a completion date would depend on the availability of funding. A separate web link would be included in the City's website for residents to access this information. City Manager Livas stated this proposed Master Plan was tied to transportation in order for the City to take advantage of various funding sources. Council Member Marquez stated the Park Master Plan and the Civic Center Master Plan is an important step in brining the Civic Center up to date. He thanked staff for putting this study together. Mayor Guerra stated in addition to the Park Master Plan and the Civic Center Master Plan the City will have a Bicycle Master Plan. Council Member Saab stated these Master Plans are subject to change, will allow for community input, was a work in progress, and requested art be incorporated into the Plans. ..•• Mayor Guerra clarified the City is not spending funds on this proposed Master Plan, but it was an important first step into the future. Mayor Guerra invited the public to speak. There being no speakers, it was moved by Council Member Saab, seconded by Council Member Marquez, with Council Member Brossmer excused, and so ordered by the Mayor to close the Public Hearing at 9:15 p.m. It was moved by Council Member Saab, seconded by Council Member Marquez, and passed 4-0-1, with Council Member Brossmer excused, to adopt the Resolution. 2. REVIEW AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF A VARIANCE(PLN-12- 00261): Community Development. ADOPT RESOLUTION NO. 13- ,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING AN APPEAL OF A VARIANCE (PLN-12-00261) REQUESTING TO DEVIATE FROM DOWNEY MUNICIPAL CODE SECTION 9312.08(A)IN ORDER TO ENCROACH INTO THE REQUIRED 20-FOOT REAR YARD SETBACK, THEREBY ALLOWING THE MAIN STRUCTURE TO BE BUILT TO THE PROPERTY LINE AT PROPERTY LOCATED AT 7215 BAIRNSDALE STREET (AIN: 6366-031-002). Mayor Guerra opened the Public Hearing at 9:17 p.m. City Clerk Jimenez affirmed receipt of the — Proof of Publication. It was moved by Council Member Saab, seconded by Council Member Marquez, and so ordered to receive and file. City Clerk Jimenez noted there was no correspondence received. City Council Regular Meeting Minutes of June 25, 2013 4 Community Development Director Saeki stated in August 2012 the City received a complaint regarding illegal construction at this property and the City informed the owners. In October 2012 the - property owner submitted an incomplete Variance application. In January 2013 the owner re-submitted a complete application. In May 2013 the matter came before the Planning Commission in which it denied the owners appeal. Today both owners are present and are appealing to the City Council. He stated the property is zoned as R-1 6,000 Single Family Residential Zone. The property has no neighbors to the rear, only an open Southern California Edison (SCE)field that includes a walking path and power lines. The structure in question is the addition of a roof structure and support beams over a newly constructed Bar-B-Que area. He stated it was built without permits, exceeds the property line, and encroaches into the SCE field by an estimated 2-3 feet. Mayor Pro Tem Vasquez asked for clarification on the code violation and if SCE has expressed any concerns. Community Development Director Saeki stated the entire roof structure built to cover the newly constructed Bar-B-Que area would have to be removed. He stated the City is uncertain how the entire roof structure and support beams were constructed because the property owners did not acquire permits. He stated he was not aware of any concerns from SCE. Council Member Saab asked for clarification on the walking path located in the rear property that belongs to SCE and clarification on the Municipal Code violation in question. Community Development Director Saeki stated the path may be a walking path open to the public but is not certain. The Municipal Code for a Single Family Residential Zone allows owners to have an accessory structure, but it can not be attached to the main dwelling. There must by a 10 foot separation from the main dwelling. The issue in this case is that there is no 10 foot separation since the newly constructed roof structure is attached to the main dwelling. City Manager Livas stated this was a unique situation because the property owner does not have neighbors in the rear. However, there are properties that have rear neighbors and the Municipal Code is in place in order to have buffers between property lines and the Municipal Code applies to all residential structures regardless of circumstances. Mayor Guerra stated with the exception of the structure exceeding the property line, it is his opinion the structure should be permissible. Community Development Director Saeki stated the Municipal Code is clear when it states there must be a 10 foot separation from the main dwelling; therefore, regardless if the structure is safe the structure is in violation of the City Code. Mayor Guerra requested clarification on how the City can work with the property owner to come up with a solution. He referred back to a previous similar circumstance with a property located on Lakewood Boulevard where a permit was not secured by the property owner yet the Planning Commission voted in favor of the owner. He asked how the City can work with the property owner. City Manager Livas stated staff can review the Municipal Code but could not isolate one area in particular where the Municipal Code would not be applicable. Also, in addition to Municipal Code violations there may be Building and Safety Code violations. He stated that the property on Lakewood Boulevard met Government Code requirements; therefore, the City was able to issue a Variance. In ,_ tonight's case, staff is not able to find Government Code requirements that the homeowner has met. Mayor Guerra stated that in the case of the Lakewood Boulevard property neither staff nor the Planning Commission were able to find that the owner had met Government Code requirements. City Council Regular Meeting Minutes of June 25, 2013 5 City Attorney Abich-Garcia stated regarding the property located on Lakewood Boulevard the Planning Commission did include evidence on the record that allowed the City to make the findings and that is how the Resolution was presented to the City Council, based on their comments of how they saw the evidence with respect to those findings. She stated that in order for the City to grant a Variance, findings must exist. The Planning Commission provided the City their analysis of the evidence based on the findings. She stated that the example of Lakewood Boulevard does not bind the City in having to make the same decision because every case has unique evidence and facts. Once the City has all the facts, they are analyzed and if findings can be made for the Variance the Council can uphold the appeal and go on record with a Resolution granting the appeal and approving the Variance. In this case, Council needs to make the findings based on the unique facts. Mayor Pro Tern Vasquez stated that one unique case about this property is its location. The property is located next to a utility corridor which includes empty space and does not have neighbors to the rear. He did express concern there may be a life and safety issue in terms of the construction. He asked for clarification on the distance between the home's second floor patio overhang and the property line and if the only issue was the roof structure over the Bar-B-Que area. Community Development Director Saeki stated that the distance between the second floor overhang and the property line was 10 foot and was approved in the 1980's. Today,that addition would not be permissible under current Building Codes. He stated the issue before Council tonight was the newly constructed roof structure and supports. Mayor Guerra requested staff return to City Council with more information especially having heard that today a resident would not be able to build a second story rear patio that overhangs by 3 feet from the original property. Council Member Saab asked if the Fire Department had any concerns regarding the roof structure. Fire Chief Croom stated there was a concern from a fire standpoint because of the omission of a sprinkler system in the roof. If the area caught fire it would extend to the main residence. The Building Code is meant to prevent circumstances like this from occurring. Community Development Director Saeki stated in addition to City Building Code violations there are State Building Code violations with the structure. Council Member Marquez stated if the Council did issue a Variance was there a liability waiver that can be included to prevent City liability. City Attorney Abich-Garcia stated if the City issued a Resolution approving the Variance the City would impose safety conditions that must be met; therefore, a waiver is not necessary. Council Member Saab asked for clarification on cost comparison to bring the structure up to City Code standards versus demolishing and rebuilding it. Community Development Director Saeki stated if there is a structure built without permits the owner is subject to an investigation fee which is usually more costly than tearing down and rebuilding a structure with permits. He stated this property would be subject to significant demolishing if the City had to inspect it to address safety concerns. Council Member Marquez asked for clarification if the City approved a Variance would there still be ._ Building Code violations and safety concerns that would have to be addressed. City Council Regular Meeting Minutes of June 25, 2013 6 Community Development Director Saeki stated if the City Council made findings to support the Variance the property owner would still be required to go through the process of submitting plans to the Fire Department and the Engineering Department and at that time other issues may arise. Council Member Saab asked for clarification on setting precedent if the City Council decided to grant a Variance how would that impact the neighborhood. City Attorney Abich-Garcia stated before the City sets a precedent there needs to be a legislative fix as previously mentioned. She stated the best approach would be to have this issue return to the Council as a study item for a possible Municipal Code Amendment instead of dealing with issues that may arise from precedence. Property owners Marco Elias and Dyanira Elias stated their remodel has not only beautified the community but has brought the community together. His goal is to comply with City regulations by providing building plans. He stated it was not his intention to create an unsafe structure. He stated the structure has sentimental value and it is a place where his family enjoys gathering. He stated there is a walking path in the rear of his property but is unclear how people access the path. He stated that as an engineer, he built the structure about a year ago using plans that included structural calculations and photographs which he has not shared with City staff. He stated the structure was anchored to the second story patio overhang using two brackets 4"x2" in length each. On the opposite end of the structure he used 4x4 wood beams with 4"x4"anchors to secure into the concrete. He stated the pillars extend from the floor to the roof structure; they do not rest on the fence. He stated he did not install a water sprinkler system. He requested a zone amendment be considered. City Attorney Abich-Garcia reminded the Council from a procedural stand-point the City Council only ■• ■ has two options tonight if the property owner does not decide to withdraw his appeal: approve the appeal and direct staff to bring back a Variance Resolution, or deny the appeal and uphold the Planning Commission's decision. Once Council has decided on one of the two options they can direct staff to review a possible Municipal Code Amendment as a separate decision on a separate day. Resident (no name provided) stated her neighbor Mr. Elias is in a unique situation and requested special consideration of this item. She stated his aesthetic home improvements have improved the condition of the neighborhood and she is certain he will make the suggested recommendation of adding a water sprinkler system to the roof structure. Resident Steve (no last name provided) stated, prior to the Elias family owning the property, the property was unkept. The Elias family has made significant improvements and requested this item be approved tonight. Council Member Saab stated his main concern is the integrity of the structure. He understands the intent of the Municipal Code but this is a unique case as the property has no other residential structures in the rear. Mayor Guerra stated this was a unique case and the Elias family has put great effort in improving their home and neighborhood and he appreciated hearing from neighbors. He stated although he does not agree with the Municipal Code because home owners should have rights, he is concerned with the safety aspect of the structure. He stated wanting to work with the Elias family but is opposed to building over the property line. He stated the City did indeed set precedence on an improvement project on Lakewood Boulevard that is similar to this case. He does not feel it would be fair to the homeowner if the City denied the appeal without allowing for changes. He is in favor of upholding the appeal pending mitigating circumstances and requested staff work with the homeowner to make the structure safe. City Council Regular Meeting Minutes of June 25,2013 7 City Attorney Abich-Garcia again reminded the Council from a procedural stand point the City Council has only two options tonight if the property owner does not decide to withdraw his appeal: approve the appeal and direct staff to bring back a Variance Resolution, or deny the appeal and uphold the Planning Commission's decision. If Council needs additional information about the structural integrity of the roof before making a decision on the appeal, the item can be continued for further investigation by staff. Mayor Guerra stated he was not in favor of not providing the homeowners any alternatives other than to tear it down. City Manager Livas stated that Mayor Guerra was correct, the Municipal Code does not allow for options. Therefore, a decision should be made tonight based on the two options described by the City Attorney. Staff will proceed based upon the direction of the City Council. Mayor Guerra requested clarification on whether the City can issues a Variance based on certain conditions such as: ensuring the structure does not exceed the property line, adding safety features, and complying with the permit process. City Attorney Abich-Garcia stated the first step would be for Council to decide whether the findings are met, if they are, staff would bring to Council a Resolution approving the Variance that would include a variety of conditions to include. It must meet all local building safety regulations in order to address structural and safety concerns addressed tonight. If it was the desire of the Council, the item can be deferred until further information is gathered. Council Member Saab stated he agreed with the City Attorney's option to defer this item to a later date in order for staff to gather additional information. Mayor Guerra asked for clarification on what the difference was between upholding the appeal of the Planning Commission tonight and deferring this item to a later date. City Attorney Abich-Garcia stated once the decision was made to grant the Variance Council would have to make findings during that same meeting. Staff would then bring back to Council a Resolution with conditions. She stated that action can be taken tonight but Council Member Saab has requested the Public Hearing be continued in order to allow staff time to gather more information regarding the safety integrity of the roof structure. Mayor Guerra stated that although he is not an engineer the structure looks sound and entrust that Mr. Elias being an engineer built a sound structure for his family to enjoy. He stated that even though staff continues to review information the fact remains that regardless of the integrity of the structure the current Municipal Code as it stands, would not approve the structure. City Attorney Abich-Garcia clarified that the Council has an option to make a decision tonight or continue the Public Hearing as Council Member Saab suggested. Council Member Saab asked for clarification if the fact that the residence is located near power lines is an issue. City Manager Livas stated that Southern California Edison (SCE) may have an easement that restricts encroaching. Council Member Marquez stated he agreed with continuing the Public Hearing. He stated in his personal experience there are some City Codes that may seem unfair to residents. He requested staff be allowed time to gather more information in order for the Council to make a fair decision. City Council Regular Meeting Minutes of June 25, 2013 8 Mayor Pro Tern Vasquez stated he is in agreement with staff being allowed time to review building plans and place conditions that address safety concerns. He is opposed to the resident encroaching on '-' private property. Council Member Marquez clarified that the property owner is requesting the roof structure remain as is regardless of encroachment. City Attorney Abich-Garcia stated if Council granted the Variance tonight they were also allowing the encroachment of the roof structure into the empty SCE field. Mayor Guerra clarified the staff report stated the proposed Variance is a request to deviate from Municipal Code 9312.08(a), which requires a 20 foot rear yard setback. The applicant proposes to encroach into said required setback, allowing the main structure to be built to the property line, and makes no mention of allowing for encroachment beyond the property line. Community Development Director Saeki stated if it was the Council's decision to uphold the appeal, staff will return to Council with a Resolution supporting the Variance which will include various conditions. One condition would be to restrict the encroachment onto any property. Council Member Saab stated it would be premature to grant the Variance tonight without knowing what the findings will be. Mayor Guerra stated if the Council did not grant the Variance tonight the issue would be over and the homeowner would have to remove the entire structure. If the Council granted the Variance staff would still be required to return to Council and provide their findings, to include, not encroaching and various safety conditions;therefore, it would not be premature because the goal of including conditions based on staff findings would be achieved. City Manager Livas clarified that staff is not talking about denying the appeal but rather postponing a decision to a future date. He stated the Council can take action today and move forward with the investigation or postpone voting on whether or not to grant the Variance to see if there are any safety issues. Council Member Saab stated he was not in favor of granting a Variance without knowing what the findings are and his intention to postpone the Public Hearing was not to deny the request but rather to gather more information. Community Development Director Saeki stated Council can continue the Public Hearing to a date certain to allow staff time to work on the investigation. Upon conclusion of the investigation if staff finds the homeowner is not in violation of Building Codes staff will bring back to Council two Resolutions, one to deny the appeal and the second to approve the Variance. At that point Council will have all the information they need. Mayor Pro Tern Vasquez asked for information if the vote ended in a tie. City Attorney Abich-Garcia stated if the tie vote was regarding upholding the appeal the City Code states the appeal is automatically denied. Mayor Guerra clarified that the City Council is putting forth effort to help the homeowner and not deny the appeal. Therefore, allowing staff more time to gather information would prevent a tie vote tonight which would cause the appeal to be denied. He expressed disagreement in postponing the item because regardless if the Variance was approved tonight or postponed once the item was approved, the homeowner will still have to comply with various conditions to meet safety standards. He stated that regardless if staff found no findings at a minimum, the area of the roof that encroaches would have to be removed making the roof structure unsafe hence having to comply with conditions set by staff. City Council Regular Meeting Minutes of June 25, 2013 9 Either way, the City will be imposing conditions, and all that was achieved was that the process was delayed. Public Works Director Oskoui stated using his engineering background, he believes removal of the part of the roof structure that encroaches does not necessarily imply the roof will be unsafe; there are supports the homeowner could install to keep the integrity of the roof safe. The purpose of continuing the Public Hearing was to allow staff and the homeowner to work together. It was moved by Council Member Saab, seconded by Council Member Marquez, and carried 4-0-1, with Council Member Brossmer excused,to leave the Public Hearing open and continue to August 13, 2013 and directed staff to work with the property owners to review the structure to determine safety issues and compliance with City Municipal Codes, and return to the City Council with two proposed Resolutions. 3. CODE AMENDMENT PERMITTING RESTAURANTS IN THE C-P ZONE TO HAVE LIVE ENTERTAINMENT, SUBJECT TO A CUP (PLN-13-00013): Community Development. INTRODUCE ORDINANCE NO. 13- .AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE MUNICIPAL CODE RELATING TO RESTAURANTS IN THE PROFESSIONAL OFFICE (C-P) ZONE BY PERMITTING THEM TO HAVE LIVE ENTERTAINMENT, UPON APPROVAL OF A CONDITIONAL USE PERMIT AND ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENT IMPACT(ZONE TEXT AMENDMENT PLN-13- 00013). Mayor Guerra opened the Public Hearing at 10:31 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded Mayor Pro Tern Vasquez, and r. so ordered to receive and file. Community Development Director Saeki stated in 2012 Council directed staff to prepare a Municipal Code Amendment on this item that would allow restaurants in the Professional Office Zone (C-P) to have live entertainment with a Conditional Use Permit(CUP). He stated it would not compromise the intent of the C-P zone because the operating hours between the uses do not conflict. A CUP would allow restaurant owners in the C-P zone the same opportunity that their counterparts have in the City's other commercial zones. He stated the Planning Commission has approved the amendment that includes various different conditions and restrictions, one of which is a 100 foot separation between buildings and Residential Zone properties to serve as a sound buffer for noise. Council Member Saab asked for clarification on the 100 foot separation. Community Development Director Saeki stated it was building to building starting from the front or rear entrance,wherever the noise would be generated from. If the building included public access from both the front and rear the 100 foot requirement would be from both locations. Currently there are about 10 properties within the C-P zone that would be allowed to have live entertainment; Palms Restaurant is included in the 10. He stated CUP's are granted case-by-case and if there were extenuating circumstances the permit would include specific conditions. City Manager Livas clarified that the City wants to be able to grant permits for live entertainment responsibly and also be sensitive to the fact that some office buildings are close to residential areas. Mayor Guerra asked for clarification on the difference between karaoke and having a stereo system playing loudly. Community Development Director Saeki stated music from a stereo is considered ambient music whereas karaoke is a gathering of people specifically for karaoke. City Council Regular Meeting Minutes of June 25, 2013 10 Council Member Saab asked if the Police Department was involved in the process. Community Development Director Saeki stated the Police Department does have their own set of conditions on the permit. Police Chief Charles stated he was in agreement with the 100 foot buffer condition. Mayor Guerra invited the public to speak. Harold Tseklenis, resident, asked for clarification on the definition of live entertainment. Community Development Director stated it included dancing, singing karaoke, or a DJ; it does not include Adult Entertainment. There being no further speakers, it was moved by Mayor Pro Tern Vasquez, seconded by Council Member Marquez and so ordered by the Mayor to close the Public Hearing at 10:44 p.m. Council Member Marquez stated that this was an item Council directed staff to review and based on the information provided he is in favor of this item. It was moved by Mayor Pro Tern Vasquez, seconded by Council Member Marquez, and passed 4-0-1, with Council Member Brossmer excused, to introduce the Ordinance. CONSENT CALENDAR ITEMS REMOVED 4. APPROVE CITY COUNCIL MINUTES: Adjourned and Regular Meetings of June 11, 2013: City Clerk. This item was pulled at the request of Council Member Saab and is listed under Other Business. 11.APPROVE THE LEASE AGREEMENT BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES FEDERAL CREDIT UNION: Administration. This item was pulled at the request of Mayor Guerra and is listed under Other Business. 16.ADOPT RESOLUTION NO. 13- ,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE DESIGNATIONS OF THE VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE, SEPTEMBER 18-20 IN SACRAMENTO: Administration. This item was pulled at the request of Mayor Guerra and is listed under Other Business. CITY COUNCIL CONSENT CALENDAR It was moved by Mayor Pro Tern Vasquez, seconded by Council Member Marquez, and unanimously carried 4-0-1, with Council Member Brossmer excused to approve the remainder of the consent calendar with City Attorney Abich-Garcia stating Item No. 9 would be approved as modified; Council Member Marquez abstaining from Item No. 7 subset #15 out of an abundance of caution; Mayor Pro Tern Vasquez abstaining from Item No. 7 subset#16&#20 out of an abundance of caution; Mayor Guerra abstaining from Item No. 7 subset#24 because he lives within 500 feet of the location and #17 out of an abundance of caution. 5. APPROVED WARRANTS ISSUED: Warrant Nos. 277041 — 277353; Wire Nos30002934 & 30002940 and 30002943—30002953, 1127— 1130, in the total amount of$4,926,114: Finance. City Council Regular Meeting Minutes of June 25, 2013 11 6. CASH CONTRACT NO. S.S. 488A – FIRESTONE BOULEVARD IMPROVEMENT PROJECT (STORM DRAIN IMPROVEMENTS)(OLD RIVER SCHOOL ROAD–BROOKSHIRE AVENUE): APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS: Public Works. 7. CASH CONTRACT NO. S.S. 635 RESIDENTIAL STREET RESURFACING PROJECT (CITYWIDE):APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS: Public Works. 8. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH RMI INTERNATIONAL, INC., TO PROVIDE PUBLIC PARKING SECURITY SERVICES IN THE DOWNTOWN AREA: Community Development. 9. APPROVED AN AGREEMENT BETWEEN THE CITY OF DOWNEY&THE CITY OF LA HABRA HEIGHTS FOR FIRE DISPATCH SERVICES: Fire. 10. APPROVED A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DOWNEY AND RBF CONSULTING TO PROVIDE AN ENVIRONMENTAL ASSESSMENT REPORT FOR THE PROPOSED INSPIRATION NEIGHBORHOOD CENTER PROJECT AND APPROPRIATE APPROXIMATELY$25,000 FROM AVAILABLE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Community Development. 12. APPROVED AN AMENDMENT TO AN EXISTING AGREEMENT FOR IT CONSULTANT SERVICES: Finance. 13.APPROVED A FOUR-YEAR AGREEMENT WITH OVERDRIVE FOR THE PROVISION OF E- —BOOK HOSTING SERVICES: Administration. 14.APPROVED THE TERMINATION OF AN AGREEMENT WITH LEW EDWARDS GROUP: Administration. 15.AUTHORIZED THE MAYOR TO EXECUTE THE FREEWAY AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE 1-5 FREEWAY EXPANSION PROJECT, SEGMENT 5: Public Works. OTHER BUSINESS 16.ADOPT RESOLUTION NO. 13-7424,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE DESIGNATIONS OF THE VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE,SEPTEMBER 18-20 IN SACRAMENTO: Administration. Mayor Guerra stated that Council needs to appoint a Voting Delegate and an Alternate Delegate and opened the floor for nominations. Mayor Pro Tern Vasquez nominated Mayor Guerra and Council Member Marquez. Council Member Saab concurred with Mayor Pro Tem Vasquez. Assistant to the City Manager DeLong stated Council had to nominate one specific Council Member as the Voting Delegate and one to serve as the Alternate. Council Member Saab stated that the Mayor should be the Delegate and Council Member Marquez should be the Alternate. City Council Regular Meeting Minutes of June 25,2013 12 Council Member Marquez concurred with Council Member Saab. It was moved by Mayor Guerra, seconded by Mayor Pro Tern Vasquez, and unanimously carried 4-0-1, with Council Member Brossmer excused,to adopt the Resolution designating Mayor Guerra as the Voting Delegate and Council Member Marquez as the Alternate Delegate. 4. APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings of June 11, 2013: City Clerk. Council Member Saab stated the minutes of June 25 do not reflect his request of an increase of non-resident parking fees at Wilderness Park and no fees for residents. City Clerk Jimenez stated that the Resolution adopted did reflect the change; however, she will amend the minutes to reflect the statement. Council Member Saab read, "After careful consideration he was prepared to vote in favor of the item." He stated that was not what he stated and requested the minutes be amended. It was moved by Council Member Marquez, seconded by Council Member Saab, and carried 4-0-1, with Council Member Brossmer excused, to approve the minutes as ammended. ADMINISTRATIVE REPORTS 17. CONSIDERATION OF A COMMERCIAL LEASE AT 9300 STEWART&GRAY ROAD AND 11941 WOODRUFF AVENUE: Community Development. Community Development Director Saeki stated in 2010 the City purchased these two properties with the intent to consolidate the City's Maintenance Facility and build a water treatment facility. Staff has been actively pursuing funding for this project but due to the economy the City has decided to lease the property until there is funding. Before Council tonight are two lease options:Allstate Transportation Inc.with a 1 year lease option or Mariscos Bahia with a 10 year lease option. Staff is recommending the City Council approve a lease agreement with Allstate Transportation Inc. Council Member Marquez expressed concerned with the fact that water funding was utilized to purchase these properties and wants to make sure the City is in compliance with the State Auditor. Council Member Saab stated staff has been working hard to obtain funding for a water treatment facility; however, in the meantime he is in favor of a lease with Allstate Transportation Inc., because the City can re-evaluate their funding efforts once their lease has expired. Mayor Guerra stated that selling the property was in the best interest of the City. Council Member Saab asked if the City could sell the property if it had tenants and if the monthly lease term amount of$11,000 was fair considering the market. Community Development Director Saeki stated yes to both questions. Mayor Guerra asked if the City agrees to lease the property can it also proceed with selling the property. He stated the City agreed to purchase the property in order to save space by consolidating the Water Yard and the Maintenance Yard, have park space, and the goal of eventually acquiring the entire block. He stated the City paid well over market price at the height of the market; the City will never recoup the money even if it leased it for 40 years, and it should be sold for fair market value. City Council Regular Meeting Minutes of June 25,2013 13 Community Development Director Saeki stated yes it can be put up for sale even if it had tenants. City Attorney Abich-Garcia stated Council can approve a lease agreement and continue discussion on sale of the property in Closed Session to discuss price and terms of sale. Council Member Marquez stated that although the properties were purchased well above market value he would never be in support of selling the property below market value and take over a $1 million loss. Mayor Guerra stated that he also is not in support of selling the property below market value because it would be a gift of public funds. He stated the City intentionally overpaid for the property and what is considered fair market value and what the City paid are two different things.The money the City overpaid will never be recovered. He stated if the City entered into a lease agreement for$11,000 a month it would take the City over 40 years to pay back the purchase price of$4.3 million. He stated he would rather sell the property for$3 million and have the money deposited back in the City's funds. Council Member Saab asked how Mayor Guerra could be so certain the City will not be able to recover the amount overpaid if the future of the real estate market is unknown. Council Member Marquez stated the residents would be displeased if the City took a$1 million loss of tax payer's money. If the City entered into a lease agreement at least the City will be protecting the resident's investment while funding is secured. Assistant City Manager Oskoui stated the City's intention was not to purchase the entire block but rather join the two properties via an abandoned railroad. Mayor Guerra stated when he voted on the item several years ago the intention was to purchase the entire block and that was the only reason he voted in favor of the item. It was moved by Council Member Marquez, seconded by Council Member Saab,and passed 3-1-1, with Mayor Guerra voting no and Council Member Brossmer excused,to approve the lease agreement with Allstate Transportation Inc. 18. CITY OF DOWNEY ECONOMIC DEVELOPMENT ORDINANCE: Community Development. INTRODUCED ORDINANCE NO. 13- .AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING CHAPTER 12 TO ARTICLE II OF THE DOWNEY MUNICIPAL CODE ESTABLISHING THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF DOWNEY. Community Development Director Saeki stated in order for the City to continue to retain and grow the City businesses staff has prepared a development strategy consisting of: allowing the City to purchase properties;write down City-owned property; and, provide grants, loans, and fee abatements. The City will continue to refine its one-stop-shop,will formalize the Business Ombudsman position and will introduce informational kiosks. In addition, the City will have a Downey Red Team (DRT)to meet with the City's largest employers and revenue-generating businesses to ensure their needs are being met by the City. The DRT will include the Mayor, Community Development Director, and a member of the Chamber of Commerce. There will be a list of available Commercial and Industrial Opportunities (CIO) in the City on the City's website and a prospective business can go directly to this document and locate available space in Downey. Staff is currently working with the City's website company to design a new Economic Development website that will showcase opportunity sites, demographic information, and programs the City offers to existing businesses that can be used to attract new businesses. He stated given the City has three hospitals, there is need for medical office space; therefore, staff is working on an overlay zone for areas surrounding the hospitals where development of medical offices would be allowed by right. City Council Regular Meeting Minutes of June 25, 2013 14 Council Member Marquez stated that the City is being proactive in implementing creative incentive programs, assisting businesses in connecting with developers and is in favor of the item. It was moved by Council Member Marquez, seconded by Mayor Guerra, and carried 4-0-1 with Council Member Brossmer excused, to introduce the Ordinance. STAFF MEMBER COMMENTS City Manger Livas stated staff has been able to accomplish some Goal Setting priorities set by Council: the Economic Development Plan and the Park Master Plan. He thanked Community Development Director Saeki, Parks & Recreation Director Salazar, and staff for their role in both of those plans. He thanked Assistant to the City Manager DeLong and the Community Development Department for their role in the Civic Center Master Plan. He thanked staff for their contribution in winning the All-America award. Mayor Guerra stated this was the most progressive and proactive City Council and appreciates all that Council and staff has accomplished. ADJOURNED The meeting adjourned to 6:30 p.m., July 9, 2013, in memory of the servicemen who perished this past week during Operation Enduring Freedom: 2nd Lt.Justin L. Sisson of Phoenix,AZ; Spc. Robert A. Pierce of Panama, OK; Lt. Col. Todd J. Clark of Evans Mills, NY; Maj. Jaimie E. Leonard of Warrick, NY; Staff S• Jesse L. Thomas, Jr., of Pensacola, FL; Lance Cpl. Jared W. Brown of Youngstown, FL. AI " N:'A M. JIMEN,:Z, C C MARIO A. GUERRA, Mayor City Clerk City Council Regular Meeting Minutes of June 25,2013 15