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HomeMy WebLinkAboutMinutes-02-11-85-Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JOINT MEETING WITH PLANNING COMMISSION FEBRUARY 11, 1985 A joint meeting of the City Council of the City of Downey and the Planning Commission was called to order at 6:47 p.m., February 11, 1985, in the Yellow Testing Room, Second Floor, of the Downey City Hall, Mayor Randall R. Barb presiding. PRESENT: Council Members: Randall R. Barb Bob Davila James S. Santangelo Diane P. Boggs Robert G. Cormack Mayor Mayor Pro Tem (arrived at 6:50 p.m.) Planning Commissioners: Bob Verderber Chairman Barbara Hayden Vice -Chairman Robert Brazelton Terry Lambros (arrived at 6:50 p.m.) David Ray ALSO PRESENT: Lee Powell, Acting City Manager Carl K. Newton, City Attorney Cristina Sierra, Assistant City Attorney James R. Cutts, Director of Community Development Robert L. Shand, City Clerk -Treasurer Mayor Barb requested the first item of discussion to be City Council, Planning Commission and Staff Relationship at Public Meetings. Councilwoman Boggs and Commissioner Lambros arrived at the meeting at 6:50 p.m. Mayor Barb looks forward to the Council and Commission having a common direction in planning and redevelopment issues. Councilman Santangelo expressed embarrassment over comments made by some of the Commissioners at the Penske hearing before the Council, who indicated the wrong information had been given on that matter. He said this meeting is to air any problems so that everyone is functioning to get the job done. Mr. Verderber mentioned there has been a feeling among some Commissioners that staff reports are not the thinking of the individual presenting the report. He said heavy reliance is placed on the professionalism of staff, and he knows of four cases where the Commission did not receive the staff report it formerly received. He is interested in knowing who is making the decisions so he knows with whom to raise questions. Commissioner Hayden said it has been her belief the staff reports reflect a concensus of the department rather than the individual preparing the report. Mr. Ovrom said he would like to have further specifics at some time in the future on the four cases referred to by Chairman Verderber. He is not — aware of any instances where words have been put in people's mouths. He did recall an instance where he made a decision regarding the Sign Ordinance which involved the City Planner, and that is the only time he recalls having "pulled the strings" on an issue. He commented further on how staff decisions are arrived at and mentioned he only intercedes when a decision cannot be reached. Mr. Cutts explained every Planning application is reviewed by staff. Commissioner Ray indicated he did not intend to embarrass the Council with his comments at the Penske hearing, but it was his intent to present facts. He feels as a Planning Commissioner his duty is to look at what is the best land use, and if he disagrees with what happens before the Planning Council Minutes 2/11/85 (Joint Mtg. w/Planning Comm.) -1- %5s Commission, he feels it is his right as a private citizen and Commissioner to discuss it with Council in open session. Councilman Santangelo said the facts were given to the Council on the Penske hearing, and if there were any problems concerning the Planning Commission they should have been brought up during oral communications and not during the hearing. When asked for his opinion on whether or not a Planning Commissioner has the right to address the Council with viewpoints on a hearing matter, Mr. Newton said it was the opinion of Mr. Williams, a deceased partner of Burke, Williams & Sorensen, that a Planning Commissioner should participate fully in Commission deliberations and argue for his position, but once the Commission acts, then it is final and a Commissioner should not communicate any different position than the majority of the Commission. When a Planning Commissioner appears and expresses a minority viewpoint, even as a private citizen, it is recognized that the person is a member of the Planning Commission, and this could undermine the effectiveness of the majority of the Commission. It would be against a Commissioner's constitutional rights to not allow him to speak at a Council meeting, but it is appropriate for the Council to consider whether this kind of activity is respecting the actions of the Planning Commission. Councilwoman Boggs mentioned information was received from the Commission the evening of the Penske hearing concerning notification of properties within 300 feet of the subject property instead of 500 feet. She said although it is legal to not notify within 500 feet, the intent of the City's Ordinance is to notify within 500 feet. She wants as much input from anyone who wants to pro- vide it at any time. Councilwoman Boggs indicated it was her understanding the intent of this meeting is to discuss a problem between the Commission and staff, and it is not her intention to chide the Commission for coming before the Council. Referring to the mistake of not mailing noticies to an area within 500 feet, Mr. Ovrom said apologies have been sent out to all people who did not receive the legal notice. Had staff been notified when it was first dis- covered, the notices could have been mailed out before the hearing. Councilman Davila stated that any time a member of the Commission has information for the Council, they should be allowed to speak but not under oral communications because agenda items cannot be discussed at that time. Also, when the Council tells staff to do something, staff should do it. Commissioner Lambros expressed her respect for people who are elected as Council Members and said their appointees to boards and commissions should be people with the same philosphy and feeling. Also, she feels the integrity of the Council and Commission is jeopardized when there is no teamwork. She said she felt offended when Commissioners Verderber and Ray presented their information to the Council because it could appear she was not on top of the matter since the topics brought forth had not been discussed by the Commission. Commissioner Lambros inquired as to the philosphy the Council would like the Commission to follow. Mayor Barb replied it would be difficult for all the Council Members to give their philosphy. Councilman Cormack said he attends Planning Commission meetings, and while he and his appointee don't always agree, they do so in a professional manner. He feels the Council should work closely with their board and commission appointees. Councilwoman Boggs requested the Commission and Planning staff get to- gether and see if this matter can be resolved. Councilman Davila would like to have an open door policy for employees to express their complaints. Mr. Ovrom attempts to encourage an open door policy. He again requested more specifics to the problem referred to by Chairman Verderber so that he can follow up and find out what is wrong. He would also like an open door policy at the Commission level as well. Council Minutes 2/11/85 (Joint Mtg. w/Planning Comm.) -2- %6.5_( Chairman Verderber referred to a book of the League of California Cities which recommends Planning Commissioners be activists and that if they believe in someting strongly they should present their cases to the Council instead through staff.. He also indicated that on the Penske case the Council considered information which still had not been presented to the Commission. Chairman Verderber referred to the parking at Leo's Stereo, on which staff recommended Commission rejection, but when it was presented to the Council, staff recommended acceptance. He wants to make sure the Council receives all the evidence presented when the Commission made its decision. Councilman Santangelo mentioned he has requested the staff reports to show how each person voted. During discussion, Mr. Cutts explained staff attemps to provide as much information as possible and be thorough. Any mistakes are not deliberate. Also, staff is, in no way, withholding any information. Commissioner Brazelton indicated certain findings of fact, and he looks presenting relevant facts. It is the meeting in such a manner that relevant to speak to the issue. it is the Commission's function to make to staff to do the best job possible in Chairman's responsibility to conduct a facts can be presented and allow people Mayor Barb said Downey has the best staff any city could have, and they should not be chastised in public unless there is a reason to do so. Councilwoman Boggs stated she is going to ask her questions in public because the public is entitled to see as much of the process taking place as possible and how conclusions are reached. Councilman Santangelo said the Commission does not have time to look at long-range planning for the community, and he suggested a committee be formed for this purpose. Chairman Verderber suggested more emphasis be placed on the planning function and that there should be a full-time Planner on the General Plan through this year. Commissioner Ray commented on the need for updating the General Plan. Councilman Cormack mentioned he toured the City in a helicopter, and recommended the Commissioners and Council do the same because it gives a good view of how the City is laid out. Mayor Barb also suggested Mr. Cutts submit a list of what he has been asked to provide and then establish priorities at the Council level. Councilman Davila recommended hiring Fran Carter on a consulting basis for six months to work on the General Plan. Discussion followed. Mr. Newton explained matters involving zone variances and conditional use permits are areas which Commissioners and Council Members are limited by law to consideration of only the evidence presented at the hearing, and they should not receive outside evidence relative to those proceedings. He will submit information on the limitations that exist when considering these matters. He also recommended a review of the League Planning Commissioners Manual, which was written for a General Law City, and said Ms. Sierra is working on a memo reviewing provisions of the manual and to point out the differences in Downey's application of the law on planning matters as a Charter City. A discussion was held regarding the function of City Manager and City Attorney. Responding to a qestion, Mr. Newton explained that in considering quasi judicial matters such as zone variances and conditional use permits, the deci- sions of the Commission and Council must be based only on evidence presented at the hearing. He pointed out the Council or Commission should not go to the site involved or talk to the applicant independently. A memo from his office will explain this more fully. When Mayor Barb mentioned that at times the Council Minutes 2/11/85 (Joint Mtg. w/Planning Comm.) -3- �6.5 ) Council has been familiar with the property involved, Mr. Newton agreed it is unavoidable to have some knowledge about some properties, and technically it should be disclosed to the parties involved in the hearing. Councilwoman Boggs said she looks at sites because she can visualize them better than on prints and see what is proposed. Mr. Newton was asked if a Council Member views the property and mentions it at the hearing, what can a person do if he loses the case. He replied that the person can file a action to set aside the decision based upon a violation of his rights for due process. Also, on quasi judicial hearings such as zone variances and conditional use permits, the Council and Commission should advise anyone who contacts them by phone that it is inappropriate to receive evidence outside the hearing. The joint session of the Commission and Council was adjourned at 8:42 p.m. The Council recessed at time to closed session for discussion on pending litigation. Robert L. hand, City Cle -Treasurer Randa 1 R4ar ,, ayor Council Minutes 2/11/85 (Joint Mtg. w/Planning Comm.) -4-