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HomeMy WebLinkAboutMinutes 10-25-16 Regular MeetingMINUTES OF REGULAR MEETING •! • is 'l i OCTOBER it The City Council of the City of Downe y 2016, at 6:33 p.m., in the Council Chamber Downey, California, Mayor Saab presiding. PRESENT: Council Members held a Regular City Council Meeting on October 25, of the Downey City Hall, 11111 Brookshire Avenue, Alex Saab Mayor Fernando Vasquez Mayor Pro Tern Sean Ashton Council Member Roger C. Brossmer Council Member Luis Marquez Council Member ALSO PRESENT: Gilberttivas, City Manager Yvette M. Abich Garcia, City Attorney Adria M. Jimenez, MMC, City Clerk John Oskoui, Assistant City Manager Shannon DeLong, Assistant to the City Manager Carl Charles, Chief of Police Mark Gillaspie, Fire Chief Mohammad Mostahkami, Public Works Director Monica Ortiz, Interim Recreation Manager Aldo Schindler, Community Development Director Anil Gandhy, Finance Director Alicia Duarte, CMC, Deputy City Clerk The Invocation was delivered by Monsignor Lorenzo Miranda, Our Lady of Perpetual Help. The Flag Salute was led by Cub Scout Pack 805 Downey, Webelo 2 Group. COUNCIL MEMBER ANNOUNCEMENTS; N • AGENDA COUFETE ► "�' Council Member Ashton reported attending the Keep Downey Beautiful Clean Up. He announced the next Clean Up date and his next Town Hall Meeting. Council Member Marquez welcomed everyone to the Council Meeting. Council Member Brossmer thanked Chief Charles for the pink patches and the Department's support of this great cause. He acknowledged members of the audience: Todd Corrin; Martha Sodetani; Willie Gutierrez; Nancy Swenson; Principal Goble; Vice- Principal Calvo; and, former Mayor Cartozian. He thanked former Mayor Cartozian for his support throughout the years. Mayor Pro Tern Vasquez encouraged everyone to vote of the upcoming Election. He reported meeting with Cerritos College, DUSD and the City's local Workforce Development Board, to discuss job creation and preparing students to be career and job ready. He reported attending the I -5 Joint Powers Authority meeting and said negotiating discussions with the Metro Board failed regarding Measure M. He also announced participating in Univision Radio to talk about economic development in Downey. He acknowledged Kiwanian Alex Gaytan in the audience. City Council Minutes Regular Meeting — October 25, 2016 1 Mayor Saab acknowledged members of the audience: Dee Bacus; Louie Lujan; former Mayor Cartozian; DUSD Board Members. He reported attending the dedication ceremony of the Don Knabe Wellness Center at Rancho Los Amigos; the Time Capsule Dedication; and, the Downey Symphony Stars Align Art Exhibit and 60th Anniversary Celebration of the City's Incorporation. Mayor Saab thanked City staff for organizing the event at the Downey Theatre. He announced upcoming events: Chamber of Commerce City Affairs Meeting; 1 -5 Freeway Valley View Interchange Project Groundbreaking; Bar Louie Grand Opening; Fair Housing Management Training; Madly Cars Groundbreaking; Chamber Multi -Mixer Event; Stay Gallery four year anniversary celebration; Spooky Science Nights; Stay Gallery Pumpkin Carving event; Dia de Los Muertos event; and, Halloween Pumpkin Patch. He encouraged everyone to come out and vote at the Election. He announced the Columbia Memorial Space Center submitted a grant application for a Girls in Stem Program. He asked the audience to vote online for the project and reminded the students in the audience to visit the Space Center for free. 1. Mayor Saab presented `a Certificate of Recognition to Soroptomist International of Downey for their work for Breast Cancer Awareness Month. 2 Mayor Saab presented Certificates of Recognition to the 2016 Downey Time Capsule Student Contest Submission Winners. 3. Mayor Saab presented the Mayor's Distinguished Citizen Award to Tod Corrin. 4. Presentation from Paul Molina "A Last Hurrah" regarding the Downey vs. Anaheim football game of December 14, 1956. 5. Mayor Saab with the assistance of Chief Charles presented Certificates of Recognition to Downey Police Department Explorers. V 6. Mayor Saab presented Certificates of Recognition to Downey Historical Society Members, Larry Latimer, Bob Thompson, and George Redfox, for their contributions during the City's 60th Anniversary events. 7. Steve Craig, Citadel Outlets Managing Partner presented a check to the Downey Kiwins for their participation in the Cleanup Commerce event. 8. Presentation from Los - Angeles County Economic Development Corporation (LAEDC) honoring Downey as a 2016 Most Business Friendly City in Los Angeles County Award Finalist. 9. Mayor Saab presented a Certificate of Recognition to Nick loannidis, "Nick the Greek," in recognition of National Immigrant Day. Mayor Saab took this item out of order. Jean Thaxton, mother of Michael Nida, commented on the 2011 officer involved shooting. Margie Gutierrez, resident, commented regarding parking issues at the 10600 block of Clancey Ave. between Muller and Cecilia and a petition submitted requesting prohibition of overnight parking on Clancey Ave. City Council Minutes Regular Meeting — October 25, 2016 2 Luisa Leja, resident, commented regarding various parking issues on Clancy Ave. and the need for more patrolling in the area. Terri Thaxton, sister of Michael Nida, commented on the 2011 officer involved shooting. Brian Hayman, resident, commended the City Council for designating Orange Estates as a historical neighborhood and for the new Orange Estates signage. He commented on improvements that can be made on Imperial Highway to address the aesthetics. PUBLIC HEARING: Mayor Saab took this item out of order. 1 CHANGED THE GENERAL PLAN LAND USE DESIGNATION FOR PROPERTIES AT 9525 -9601 FIRESTONE BLVD, 11016 - 11100 PANGBORN AVE, AND 11017 - 11121 NEWVILLE AVE, FROM GENERAL COMMERCIAL TO MEDIUM- DENSITY RESIDENTIAL; AND, CHANGED THE GENERAL PLAN LAND USE DESIGNATION OF 9601 FIRESTONE BLVD FROM GENERAL COMMERCIAL TO NEIGHBORHOOD COMMERCIAL; AND, REZONED PROPERTIES AT 9525 -9601 FIRESTONE BLVD, 11016 -11100 PANGBORN AVE, AND 11017 -11121 NEWVILLE AVE FROM NEIGHBORHOOD COMMERCIAL AND PARKING BUFFER TO MULTIPLE- FAMILY RESIDENTIAL, EXCLUDING THE PARKING - BUFFER PORTION OF 9601 FIRESTONE BLVD, WHICH WOULD REZONE TO NEIGHBORHOOD COMMERCIAL: Community Development. Mayor Saab opened the Public Hearing at 8:13 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tern Vasquez, seconded by Council Member Brossmer and so ordered by the Mayor to receive and file. City Clerk Jimenez noted there was no correspondence received. The staff report was provided by William _Davis, City Planner. The item before Council is to consider a proposal to change the General Plan designations and to rezone properties located on the north side of Firestone Blvd., between Pangborn Ave. and Newville Ave. The property owner for 9553 Firestone Blvd. wishes to redevelop his land into something comparable to other adjacent uses in the area. Commercial and multiple - family residential developments comprise the subject site; however, not all of these uses coincide with their current zoning due to changes to the Zoning Code that made them nonconforming uses, and because of the long standing "zone exceptions given to many of them. City Council Minutes Regular Meeting — October 25, 2016 3 His plans are impacted by the land use designations and General Plan /Zoning Ordinance inconsistencies affecting the subject area. On July 9, 2013, the City Council determined that the option to change the block's zoning and General Plan classifications to reflect its existing land uses was their preference. The Council directed staff to initiate a General Plan Amendment and zone change to change the _General Plan designations and to rezone properties in the planning to accomplish the following objectives: Resolve the General Plan and zoning ordinance inconsistencies in the planning area; consolidate General Plan land use designation and zoning classifications on properties with dual designation and or zoning classifications; update the General Plan land use designations to reflect each property's current land use; and update the zoning classifications on properties with outdated zoning. Staff presented a General Plan Amendment and zone change to the Planning Commission on September 21, 2016. Mr. Asam also proposed a 24 unit condominium project on his property, and the Planning Commission has considered four entitlements: A General Plan Amendment to change the land use designations of the aforementioned properties; a zone change application to the change the existing zone designations of the same properties; Tentative Tract Map No. 74567 to allow subdivision of the site to accommodate the condominiums; and, a site plan review application. The Commission adopted a resolution to approve the tentative map and site plan review applications, and adopted a resolution to recommend approval of the General Plan amendment to the City Council. In accordance with the provisions of the California Environmental Quality Act (CEQA), staff obtained the services of DUDEK, and environmental consulting firm, to prepare and initial study and Mitigated Negative Declaration to assess the potential consequences of implementing the proposed General Plan amendment and zone change. Mayor Pro Tern Vasquez asked what is the proposed rear set back to the northern portion of the development. Mr. Davis stated it was 70 feet. Mayor Saab asked if the setback was in accordance with the other developments. Mr. Davis stated it is in accordance with the City's development standards. Council Member Brossmer asked what are the existing setbacks to the properties east and west of the subject property. Mr. Davis stated those properties have a larger setback because there is parking in the front. Mayor Saab asked if the units would be up to the curb. Mr. Davis stated they would be 15 feet from the property line. City Council discussed how far back the building would be from the property line and curb. Mayor Pro Tern asked how if there will be a gate to privatize the property from the alley. Mr. Davis "stated staff discussed having a_ security gate with the applicant but they did not want a gate. Mayor Pro Tern Vasquez asked how wide the driveway lane is. Mr. Davis stated 26 feet. Samir Hijazi, Architect for the proposed project approached the podium to answer questions. City Manager Livas asked Mr. Hijazi what is the distance of the building to the sidewalk. Mr. Hijazi stated from the curb to the building there is 27 feet and there is no obstruction of the view when exiting to Firestone Blvd. The two units affected by the issue being discussed should have no issues because these are private homes and the impact will be minimal. Mayor Saab asked how many guest parking spaces will be available. Mr. Hijazi stated there are two parking spaces per unit in the garage and there will be 12 additional parking spaces. The project is designed as duplexes and give the appeal of a single family home. City Council Minutes Regular Meeting — October 25, 2016 4 Council Member Brossmer commented regarding Firestone Blvd. being a commercial corridor: His concern is once the zone is changed on Firestone Blvd. business sales tax will not be generated such as with a business. Mayor Pro Tern Vasquez asked what other buildings were in this zone. Mr. Davis stated apartments and a motel. Council Member Brossmer commented regarding his preference to see commercial properties in this zone because it is a major thoroughfare. Mayor Saab opened this item for public comment at 8:35 p.m Lawrence Christen, resident, thanked the Council Members leaving office in December for their service. He commented in regards to the project and asked Council to consider health and esthetic concerns in their deliberation when mixing commercial and residential properties. Dee Bacas, resident, commented in favor of the General Plan amendment and current issues at the motel. Steven Ferraro, property owner of adjacent building on Pangborn, commented in favor of the General Plan amendment.. Having no one else come forward, Mayor Saab closed public comment at 8:41 p.m Mayor Saab asked if the property is market rate property: Mr. Azzam, property owner, stated he plans to sell each individual parcel. Council Member Brossmer clarified once the condominiums are sold they can be rented. Mayor Pro Tern Vasquez asked how the common area will be maintained. Director Schindler stated it will be maintained through the HOA. Mayor Pro Tern Vasquez asked if the Covenant Conditions and Restrictions (CC &Rs) and the Home Owners _ Association (HOAs) budget are reviewed by the City Attorney. City Attorney Abich Garcia stated she only reviews the CC &Rs as part of the project approval before they are adopted by the HOA- because the Municipal Code does not give the authority to review the HOAs. Mayor Pro Ter Vasquez commented regarding his concern with this process. Mayor Saab closed the public hearing at 8:46 p.m. It was moved by Council Member Marquez, seconded by Council Member Ashton and carried unanimously to adopt Resolution No. 16- 7675,_a Resolution of the City Council of the City of Downey changing the land use categories of the properties at 9525 -9565 Firestone Blvd. and 11121 Newville Ave. from General Commercial to Medium - Density Residential, and to change the land use category of 9601 Firestone Blvd. from General Commercial to Neighborhood Commercial; and, adopt a Mitigated Negative Declaration. It was moved by Council Member Ashton, seconded by Council Member Marquez and carried unanimously to introduce Ordinance No. 16- , an Ordinance of the City Council of the City of Downey rezoning the properties located at 9525 -9601 Firestone Blvd., 11016 -11100 Pangborn Ave., and, 11017- 11121 Newville Ave. from Neighborhood Commercial and Parking Buffer to Multiple- Family Residential, excluding the Parking Buffer portion of 9601 Firestone Blvd., which would rezone to Neighborhood Commercial. City Council Minutes Regular Meeting — October 25, 2016 5 CONSENT CALENDAR Council Member Ashton pulled (tern No. 2; Mayor Saab abstained from Item No. 11; Council Member Brossmer abstained from Item Nos. 4 and 8 due to conflict with his job; and, Council Member Marquez abstained from Item No. 10 due to the proximity to his residence. Mayor Saab asked if there was anyone present who would like to comment on Consent Calendar items. Having no one else come forward, Mayor Saab closed public comment. It was moved by Mayor Pro Tern Vasquez, seconded by Council Member Ashton carried unanimously to approve the remainder of the Consent Calendar. 3. APPROVED AMENDMENT NO. 2 TO THE AGREEMENT WITH HARTZOG & CRABILL, INC., FOR THE "ADOPT -A -BOX" PROGRAM: Community Development. 6. APPROVED FIVE YEAR AGREEMENT WITH DOWNEY UNIFIED SCHOOL DISTRICT FOR OPERATION OF SPORTS FIELDS AT COLUMBUS HIGH SCHOOL: Parks and Recreation. r0 , =1111 ' • • • • i • • i r• -• �, ,r -• i • • ' i 8. ADOPTED •s LUTION NO. 16-7677, A RESOLUTION OF • OF OF DOWNEY APPROVING TRACT MAP NO. 72992 AT 8603 r APPROVED AGREEMENT WITH GRAND TOP, FOR i - • OF :r • IMPROVEMENTS: " Public • City Council Minutes Regular Meeting — October 25, 2016 6 r. 2. APPROVE MINUTES: Regular Meeting of October 11, 2016: City Clerk. Council Member Ashton requested the minutes reflect his exact comments for Item No. 1. It was moved Council Member Brossmer, second by Council Member Marquez and carried unanimously to approve the minutes as amended. ADMINISTRATIVE REPORTS: None. City Manager Livas reminded the audience the next City Council Meeting will be held on November 7, 2016. Mayor Pro Tern Vasquez requested in addition to CC &Rs staff return with an agenda memo authorizing the City Attorney the legal authority to be able to review the DRE approved operating budget for new condominiums. Mayor Saab adjourned the Regular City Council Meeting at 8:51 p.m. in memory of Staff Sgt. Adam S. Thomas, 31, of Takoma Park, Maryland; and, Modoc County Sheriffs Deputy Jack Hopkins, 31, killed in the line of duty. ADRIA M. JIMENS, M1 I City Clerk City Council Minutes Regular Meeting — October 25, 2016 ALEX 9AAB ; Mayor 7