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HomeMy WebLinkAboutMinutes 09-11-18 Regular MeetingMINUTES OF CITY COUNCIL OF • - DOWNE REGULAR MEETING SEPTEMBER 11, 2018 The City Council of the City of Downey held a Regular City Council Meeting on September 11, 2018, at 6:36 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Ashton presiding. Council Members: Sean Ashton Rick Rodriguez Blanca Pacheco Alex Saab Fernando Vasquez Mayor Mayor Pro Tem Council Member Council Member Council Member ALSO PRESENT: Gilbert Livas, City Manager Yvette M. Abich Garcia, City Attorney John Oskoui, Assistant City Manager Carl Charles, Chief of Police Mark Gillaspie, Fire Chief Delfino Consunji, Public Works Director Pamela Passow, Parks & Recreation Director Aldo Schindler, Community Development Director Anil Gandhy, Finance Director Alicia Duarte, CMC, City Clerk The Invocation was delivered by Greg Welch, Downey Police Department Chaplain. The Pledge of Allegiance was led by South East Military Academy. COUNCIL_ • FOR r CONFERENCE/MEETINGREPORTS Council Member Saab welcomed the audience to the meeting. He acknowledged the Police Officers and Firemen that responded to the incident earlier in the day at Kaiser Permanente. He welcomed Michael Calvert in the audience. He thanked Alex Gaytan, Downey Kiwins for his dedication to the City's youth. He thanked all agencies involved in today's incident. He mentioned the Downey Theatre's 2018-19 program schedule was available; and, announced the various events in which the Theatre is utilized throughout the year. He reported attending the Downey's Vt Annual Emergency Preparedness Fair; and, thanked staff and the Fire Department for a well -attended event. He also attended the Cerritos College Presidents' Circle Luncheon, and congratulated Mayor Pro Tem Rick Rodriguez and his wife, who were recognized and identified for their support and generosity by Cerritos College for being Champions of Cerritos College. He announced upcoming events: Keep Downey Beautiful Clean Up event at Rio San Gabriel Park; International Food & Music Festival; and Coffee with a Cop. Council Member Pacheco welcomed the audience to the meeting. She reminded everyone of the significance and tragedy of 9/11. She applauded members of the Police and Fire Departments. She announced attending the 9/11 Remembrance Ceremony and thanked Mayor Pro Tem Rick Rodriguez for suggesting the event. She also attended the Downey Elks Lodge Luncheon honoring Downey Police Officer Ed Hano, and Downey Fire Paramedics Christian Safina and Sean Moffettt for their exemplary service. She announced that September was Emergency Preparedness Month and invited the audience to pick up a give-away bag provided by CERT prior to exiting the meeting. She City Council Minutes Regular Meeting — September 11, 2018 announced upcoming events: International Food & Music Festival, Downey Fire's Fill the Boot fundraiser; Coffee with a Cop; Downey Symphony Fundraiser at the Rio Hondo Event Center. Council Member Vasquez welcomed the audience to the meeting. He commented how infamous today is due to the tragedy which occurred 17 years ago; he recollected about where he was on 9/11. He mentioned receiving support and outreach from the State and Nation during today's incident and stated that he never thinks about emergency preparedness until it is needed such as it was today. He shared his pride in the entire Police and Fire Departments for their response and courage. He thanked all the public servants who chose this profession and a cause larger than themselves. Mayor Pro Tem Rodriguez thanked the audience for allowing him to serve on the Council. He also thanked the Police and Fire Departments for their service. He shared how his family changed 17 years ago; and, acknowledged his grandson Rick Rodriguez, III in the audience. He mentioned that his grandson has enlisted to serve in the Army after graduation just like his father did. He acknowledged Alex Gaytan for being more than just a Kiwins leader, he is a Mentor. He attended the Kiwins 5K; Emergency Preparedness Fair; Council Clergy meeting; 2018 Blue Mass in honor of Police and Fire. Mayor Ashton welcomed the audience to the meeting. He mentioned awaking to the realization of the horrific actions which occurred 17 years ago today. He briefly described what it was like to teach a generation without recollection of the significance of 9/11 and what actually occurred on this tragic day. He thanked all the first responders for being well prepared for incidents which occur such as today. He announced upcoming events: Keep Downey Beautiful Clean Up; Heal the Bay; Fill the Boot; International Food & Music Festival; Coffee with a Cop; Congresswoman Lucille Roybal-Allard will host the U.S. Academy Workshop meeting on September 22, and invited all interested High School students to attend. 1. Mayor Ashton presented the Mayor's Downey DNA Award to Mike Sevillano. 2. Mayor Ashton with the assistance of Battalion Chief Dan Hurlock, Captain Josh Halbmaier, Officer Jason Estrada, and Officer Jacob Salcido presented the Mayor's Hero of the Meeting Award to Downey Fire Department and the Downey Police Department personnel. •► Mayor Ashton recessed the City Council meeting at 7:12 p.m. Mayor Ashton reconvened the City Council meeting at 7:16 p.m. r Mayor Ashton opened non agenda public comment. Allen Halstengaard, resident, commented regarding the terrorist attack on 9/11. Gloria Vasquez, resident, provided comments regarding her neighbor's fence construction and property line issues. City Manager Livas directed Ms. Vasquez to speak with Assistant City Manager Oskoui. Lars Clutterham, composer, provided comments advocating for Downey Symphony Orchestra and the Pursuit of the Arts. He spoke about his involvement with the Downey Symphony. Having no one come forward, Mayor Ashton closed public comment. City Council Minutes Regular Meeting — September 11, 2018 2 PUBLIC HEARING: APPEAL1. OF PLANNING COMMISSION'SDENIAL OF • r • PERMIT TO ALLOW AN OFF-SITE PARKING AGREEMENT BETWEEN 10441 AND 10629 LAKEWOOD BOULEVARD: Development. • r• t r r r �. ••r • r Mayor Ashton opened the Public Hearing at 7:30 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Council Member Vasquez, and so ordered by the Mayor to receive and file. City Clerk Duarte reported receipt of correspondence from Dean Goodhill in support of allowing the CUP for an off-site parking agreement. The staff report was provided by David Blumenthal, City Planner. The hearing is to consider an appeal of the Planning Commission's denial of an off-site parking agreement between 10441 and 10629 Lakewood Blvd. The property owner has proposed conversion of the site located at 10441 Lakewood Blvd to a new medical office. Pursuant to the City of Downey's Municipal Code, the 21,460 square foot medical office requires 107 parking spaces but currently has 57 parking spaces. The City's Municipal Code §9726 does allow that two properties can enter into an off-site parking agreement to meet the parking requirements. The Planning Commission conducted a Public Hearing on July 18, 2018; three people spoke in favor; two spoke in opposition and one letter was received in opposition of the subject matter. The opponents' primary concern was whether or not the employees would use the off-site parking and park on surrounding streets instead. Mayor Ashton inquired why the Planning Commission denied staff's recommendation. He also asked, assuming City Council continues with the denial, what alternatives the applicant has in order for the site to comply with the parking requirements. Mr. Blumenthal stated the Planning Commission's concerns were regarding employees and patrons parking on City streets, and public safety. He stated the applicant's only other alternative, if the appeal is denied, would require a significant demolition to the structure to accommodate adequate on-site parking. Council Member Saab inquired if any circumstances, options, or alternatives had changed, on the part of the applicant, since the Planning Commission's decision. He asked if the Public Hearing was properly noticed. Mr. Blumenthal confirmed the Public Hearing was properly noticed; and stated both the applicant and consultant were present to speak with regards to parking alternatives. Council Member Vasquez asked how the medical overlay zones differed from existing medical overlay zones; it was his understanding that the overlay zones were intended to allow flexibility in order to encourage more medical facilities to the City. He also inquired if reciprocal parking agreements were considered. Mr. Blumenthal stated that the opinion of the Consultant hired by the City was that there was adequate parking for medical office use. However, the site does include a reciprocal parking agreement to utilize an adjacent site or off-site parking within a specific distance between both sites. Council Member Saab requested clarification as to who would be expected to utilize the off-site parking and how many employees would be at the site. Mr. Blumenthal advised that the initial staff recommendation was for both patients and employees to utilize the off-site parking. Art Ashai, Architect, provided a brief overview of the history regarding the purchase of the building, and handouts for the Mayor and Council regarding research conducted by the applicant after receiving the denial from the Planning Commission. Mr. Ashai approximated the need for 33 employee spaces and 37 patient spaces; currently there are only 57 available parking spaces. The applicant City Council Minutes Regular Meeting — September 11, 2018 3 anticipates five medical offices, one medical billing, one home health care and one pharmacy which would require off-site parking. They received proposals for shuttle service for morning and evening hours to encourage employees to park at the off-site parking to prevent employees from parking on local streets. Council Member Saab stated that the existing school only impacted the community during student drop off and pick up hours versus a medical facility which would impact community street parking throughout the business day. He requested elaboration regarding the shuttle service and their plan to enforce employees parking off-site. Mr. Ashai replied the shuttle service would be provided for two hours in the morning and two hours in the evening. Mr. Ashai added that the owner would have a parking clause in the contract to enforce any complaints received from the City. Council Member Pacheco inquired about time limits placed at the on-site parking spaces. Mr. Ashai responded they would agree to time limits for the 37 spaces required for patients. Council Member Saab asked if the City would have the ability to enforce any parking violation brought forth. Director Schindler confirmed the City has two provisions within the Conditional Use Permit for enforcement of parking violations. Mayor Pro Tem Rodriguez reiterated the challenge of enforcing employees to park at the off-site facility versus on the street closer to the facility, and the burden must be placed on the employer. Council Member Saab stated all issues need to be finalized prior to approval of the Conditional Use Permit to protect the City's ability to enforce violations. Dr. Vinod Javrajka, property owner, shared his observations regarding businesses need to have the convenience of patient parking and ensured the City Council that employees would utilize the off- site parking by providing shuttle services. Mayor Pro Tem Rodriguez stated the City of Downey is business friendly and the City Council would work with the applicant. Council Member Saab stated he appreciated their investment in the community and he was sure a happy medium could be reached to ensure that the residents' interests are protected as well. City Manager Livas suggested the utilization of management tools such as parking permits for employees to allow the employees to park at the off-site parking. Discussion ensued regarding the alternative management tools. Mayor Ashton opened this item for public comment at 7:59 p.m. Dale Williamson, resident, spoke in opposition of the appeal. He stated that his concern is employees parking on the surrounding streets. He suggested the shuttle service hours be extended for the entire duration the business is open. Council Member Vasquez mentioned that he has observed skilled nursing facilities utilize valet parking and suggested the use of valet parking for this project. Gabriel Reyes, resident, stated he attended the Planning Commission meeting; and reiterated that the street parking would impact the residents in the immediate vicinity of the medical facility. He recommended the applicant find another viable business other than medical use. Brian Heyman, resident, stated the Planning Commission disagreed with staff's recommendation to approve the project. He commented staff approves all projects brought before them. He mentioned the Commission considered the parking issue after listening to various members City Council Minutes Regular Meeting — September 11, 2018 4 of the community and asked the City Council to support the Planning Commission's decision and deny the appeal brought before them. Micheal Barsky, property owner, provided comments regarding the lack of available parking, and stated his church has 120 available spaces during daytime hours which they are willing to rent out. Having no one come forward, Mayor Ashton closed public comment at 8:22 p.m. City Manager Livas responded to the comments made regarding Planning staff approving all projects by saying that information is incorrect. He added that there have been a lot of projects brought before staff and never approved. Mr. Livas stated that the City of Downey is business friendly and during the recession staff worked hard to promote new business growth in order to provide employment opportunities and ensure public safety services for the residents. One of the things that staff has tried to do is invite medical use into town because they offer good paying jobs. Staff is also aware that any successful retail store or restaurant developed at the site would invite similar issues as well. The reason medical usage is encouraged is due to the controls which could be set in place during the planning stages. Mr. Livas agreed with the statements that parking is an issue within the City, mainly due to the development of apartment complexes during the 1950's, 60's, and 70's when only one parking space was required per unit; coupled with the State's mandate to increase the density of the City regardless of parking issues. He wanted it to go on record that the City is attempting to be progressive in terms of what staff is trying to do by bringing jobs and income to the City to pay for the services everyone loves in the City. Mr. Ashai rebutted by stating there is no other business, other than a school, that could move into the site due to only having 27 available parking spaces. He reiterated that the best authority to enforce staff utilize the off-site parking was the employer as it is in the employer's best interest to have sufficient patient parking. He suggested restricting access from Lakewood Blvd. onto Cherokee Ave. Dr. Javrajka admitted that he was not prepared at the Planning Commission hearing, and wasn't aware of any issues regarding his application. He stated there would be a total of eleven doctors during the weekdays and four doctors on the weekend. Council Member Saab questioned whether or not the applicant had previously considered valet or security services for the parking site. Director Schindler responded by stating that neither services were considered upon the submission of the application process. Council Member Vasquez questioned if Dr. Javrajka would be open to valet parking or permit parking in lieu of the shuttle service to ensure the employees utilize the off-site parking. Dr. Javrajka replied that he is open to valet service. Council Member Pacheco commented that although valet parking may not be the most economical; however, from personal experience, it is her recommendation to utilize valet in order to ensure enforcement of staff utilizing the off-site parking. City Attorney Abich Garcia advised Council if they chose to pursue the valet parking option, her recommendation would be they remand the item back to City staff to have the applicant add the valet parking request to the application. The Planning Commission would review the application; if there was a need for an appeal, then the applicant can bring his amended application back to the City Council. Council Member Vasquez inquired about the length of time the process would take. Director Schindler advised that there are noticing requirements and estimated 60 days until the amended application can be reconsidered by the Planning Commission. Council Member Vasquez inquired as to the options the City Council had and if they would be able to vote on the matter tonight. City Attorney Abich Garcia responded by advising that the City Council would not be able to add the valet component City Council Minutes Regular Meeting — September 11, 2018 5 due to possible conditions of approval which need to be reviewed by City staff; and, would only vote on the appeal as the application was originally submitted. Mayor Ashton re -opened this item for the public comments at 8:36 p.m. Council Member Saab inquired how the members of the public felt about adding the valet parking component. Mr. Reyes stated that the valet had not been previously offered as an option and does not feel it would address the street parking issue. Mayor Ashton inquired if the resident had a recommendation that would resolve the parking issue, assuming that staff worked the details to assure sufficient attendants were provided. Mr. Reyes replied that he did not; however, with enough attendants it may resolve the parking issue Mr. Williamson requested staff be mindful during the review process of the quarter mile distance to the parking site to ensure sufficient attendants would be required. Mr. Ashai stated the sole reason they went before the Planning Commission, and were before the City Council tonight was due to the off-site parking; and, they are willing to comply with the City in order to open the facility with controlled parking. However, if the off-site parking is not approved, they would need to reduce the size of the building to comply with the City's requirements for existing on-site parking. Having no one else come forward, Mayor Ashton closed public comment at 8:42 p.m. Council Member Vasquez requested clarification from the applicant regarding his preference of amending the application to include valet parking; or, reduce the building's size to conform with the existing parking. Dr. Javrajka stated that he was open to either alternative that the City Council preferred even though additional time would be required and the appeal not be approved tonight. Discussion ensued regarding approving the application as submitted; approving the application with shuttle services; or, amending the application to include valet parking along with the valet parking legal requirements; additional time required for staff review and the noticing requirements; and, other alternatives to expedite the process to include valet parking without setting unrealistic promises. City Attorney Abich Garcia recommended a motion to remand the matter back to City staff to allow the applicant to modify his application to add a request for a Conditional Use Permit for valet parking, and any other applications that might be necessary. It was moved by Council Member Saab, seconded by Council Member Pacheco and carried unanimously to remand the matter back to City staff to allow the applicant to modify his application to add a request of a Conditional Use Permit for valet parking and any other applications that might be necessary. 2. AMENDMENTS TO THE CITY OF DOWNEY UNIFORM SCHEDULE OF FEES: Police/Fire/City Clerk. r • H9119 t • • �- AI&S Mi -R; r • •- ,- r City Council Minutes Regular Meeting — September 11, 2018 6 ASSESSMENT FEE AND AMENDING RESOLUTIONNO.UNIFORM SCHEDULE OF Mayor Ashton opened the Public Hearing at 8:54 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Council Member Vasquez, and so ordered by the Mayor to receive and file. City Clerk Duarte noted no correspondence was received. The staff report was provided by Pamela Passow, Director of Parks & Recreation. The proposed changes of the Uniform Schedule of Fees were submitted by three departments; City Clerk, Police Department and Fire Department. Mayor Ashton opened this item for public comment at 8:55 p.m. Having no one come forward, Mayor Ashton closed public comment at 8:55 p.m. It was moved by Council Member Saab, seconded by Council Member Vasquez, and carried unanimously to adopt Resolution No. 18-7842, adopting reducing Police Department Fees for subpoenaed documents and cost for subpoenaed employees, eliminating the Notarization Fee in the City Clerk's Office, and establishing a Non -Transport Paramedic Assessment Fee and Amending Resolution No. 18-7839, the Uniform Schedule of Fees. Council Member Saab abstained from Item No. 3. Council Member Vasquez abstained from Item Nos. 5, 10, and 12 due to the close proximity to his property. Mayor Ashton asked if there was anyone present who would like to comment on Consent Calendar items. Having no one come forward, Mayor Ashton closed public comment. It was moved by Council Member Saab, seconded by Council Member Vasquez and carried unanimously to approve the Consent Calendar with Council Member Saab abstaining from Item No. 3, Council Member Vasquez abstaining from Item Nos. 5, 10, and 12. 3. APPROVED MINUTES: Regular Meetings of August 14, 2017: City Clerk. 4. WARRANTS ISSUED: Warrant Nos. 326751 — 327161; Payroll Wire Nos. 30003790, 30003797 — 30003799; and, Manual Wire Nos. 1739 — 1746; in the total amount of $3,320,435.32: Finance. 5. APPROVED AND AUTHORIZED THE MAYOR TO EXECUTE WITH NEW CITY AMERICA, INC., PROFESSIONAL SERVICES AGREEMENT TO PROVIDE THE CONSULTING FOR THE IMPLEMENTATION AND INTERIM ADMINISTRATION OF THE DOWNTOWN DOWNEY COMMUNITYDISTRICT, • NOT r 000 Community Development. CLIFTON6. APPROVED AMENDMENT NO. I TO THE ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH • FOR r FORENSIC ACCOUNTING AND, AUTHORIZED THE MAYORTOFinance/City. - y. City Council Minutes Regular Meeting — September 11, 2018 7 •• i Ii • i •� E, ADOPTED RESOLUTION NO. 18-7843, A RESOLUTIONOF • OF THE CITY OF DOWNEY APPROVINGDESTRUCTION OF OBSOLETE RECORDSOF POLICE i'Police. 9. ADOPTED •' i •+ 18-7844, A RESOLUTIONOF • OF OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE FINANCE DEPARTMENT: Finance. i • ' i " •, • • • i i, • i i •" 9 6 1019 LOILI•; . . • • • i • i • i• • 1: 1 f •' i i i i :' • i• 12. AUTHORIZED • FOR OF i • „ TH ANNUAL DIA DE LO MUERTOS ART FESTIVAL: Park & Recreation. i 13. RECEIVED AND FILED THE 2018 LOCAL AGENCY BIENNIAL NOTICE: City Clerk. ADMINISTRATIVE REPORTS: None. • City Manager Livas thanked the Police and Fire Chiefs for doing a great job today. He thanked all the people behind the scenes that are in support of the Police and Fire Departments. He also thanked the people at City Hall coordinating and ensuring that things go smoothly; such as Public Works, Emergency Preparedness, and respective departments. • Mayor Ashton adjourned the regular City Council meeting at 8:57 p.m. in memory of the victims of September 11tH VAA�LICIA DUA TE, CMC City Clerk City Council Minutes Regular Meeting — September 11, 2018 SEAN ASHTON Mayor n.