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HomeMy WebLinkAboutMinutes 10-22-19 Regular MeetingMINUTES OF CITY COUNCIL OF OF DOWNE REGULAR MEETING OCTOBERi The City Council of the City of Downey held a Regular City Council Meeting on October 22, 2019, at 6:55 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, with Mayor Pro Tem Pacheco presiding. PRESENT: Council Members: Rick Rodriguez Mayor (excused) Blanca Pacheco Mayor Pro Tem Sean Ashton Council Member Claudia Frometa Council Member Alex Saab Council Member ALSO PRESENT: Gilbert Livas, City Manager John Oskoui, Assistant City Manager Yvette M. Abich Garcia, City Attorney Vaniah De Rojas, Assistant to the City Manager Dean Milligan, Chief of Police Mark Gillaspie, Fire Chief Aldo E. Schindler, Community Development Director Anil Gandhy, Finance Director James McQueen, Human Resources Director Alicia Duarte, CMC, City Clerk The Invocation was delivered by Council Member Frometa. The Pledge of Allegiance was led by Council Member Saab. CONFERENCE/MEETINGCOUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMI REPORTS Council Member Saab welcomed the audience to the meeting. He acknowledged Commissioner Nolveris Frometa, Carrie Uva, Joanna Peterson, Jesus Torres and Michael Chirco in the audience. He announced upcoming events: Downey Police Drug Take -Back event; Courage Forward and Downey Rotary "Fiesta de las Calaveras"; Downey's Pumpkin Patch; Stay Gallery's "Walk Downey"; and, Metro Community meetings on October 23 and 24. He stated the purpose of the meetings is to provide updates on the West Santa Ana Light Rail project and he encouraged the audience to attend. He reported attending the City's Mulch and Shredding events and thanked staff for organizing the successful events. Council Member Frometa welcomed the audience to the meeting. She acknowledged Carrie Uva, Joanna Peterson, Commissioner Jimmy Spathopoulos, and Jesus Torres in the audience. She reported attending the League of California Cities Conference. She reported on the sessions regarding homelessness, transportation, technology and how cities Gan work to create a strategic plan to move forward with neighboring cities. She reported attending a Neighborhood Watch Meeting for Pangborn Ave. and encouraged the audience to get involved in the Neighborhood Watch Program. She thanked the Chief Milligan for the successful Pink Patch Project event and for bringing breast cancer awareness to the community. She attended Kaiser Permanente's Women in Medicine Symposium and commented on the various health issues patients deal with on a daily basis. She announced the upcoming Courage Forward Father Convention. City Council Minutes Regular Meeting — October 22, 2019 Council Member Ashton welcomed the audience to the meeting. He acknowledged Commissioners Jeannie Woods and Beth Gendreau in the audience. He reported attending the Keep Downey Beautiful Clean Up event; and, the League of California Cities Conference. He mentioned being recognized as a Torch Program Level 11 award recipient. He stated Governor Newsom had recently signed Assembly Bill 1482, the Tenant Protection Act of 2019, which places an annual cap on rent increases and creates new standards for evictions throughout California. He announced that staff is in the process of preparing an informational Renter's Workshop for members of the community. He asked staff to research how the City can assist the affected residents by placing a temporary stop on evictions in the City to protect its residents. Mayor Pro Tern Pacheco welcomed the audience to the meeting. She acknowledged Gonzalo and Marianna Pacheco in the audience. She reported attending the Havana Nights Rooftop Concert and the League of California Cities Conference. She shared she was recognized as a Torch Program Level 11 award recipient and reported on the Shark Tank Panel where innovative and unique concepts were discussed. She announced City Attorney Abich Garcia did a great job as a panelist and presented on the topic of Great Tips and Tools to Improve Trust in Local Government. She mentioned City Attorney Abich Garcia provided examples of Downey's events in order to encourage community engagement. She reported attending Kaiser Permanente's Women in Medicine Symposium and she mentioned the similarities to the Girls on Fire Summer Program. She announced upcoming events: Dia De Los Muertos Taco Festival; and, Downey Nissan and Downey Chamber of Commerce Trunk or Treat Extravaganza. She invited the audience to attend the Veteran's Day Ceremony on November 11 at the Columbia Memorial Space Center. • • IS Mayor Pro Tern Pacheco opened the Public Hearing at 7:18 p.m. Council Member Saab recused himself from Item No. 1, due to the close proximity to his place of business and left the dais. City Attorney Abich Garcia stated for the record that the remaining three Council Members do not have financial interest in the item and may participate in the hearing. She announced receipt of correspondence regarding Council Member Frometa's ability to participate in the hearing and stated, after review of State Law regarding this issue, it was determined that Council Member Frometa may participate without impacting her ability to participate simply because her husband is a Planning Commissioner. She stated the clarity of the law as: the participant must be fair and open minded during the hearing which is the case with Council Member Frometa. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Ashton, seconded by Council Member Frometa, and so ordered by Mayor Pro Tern Pacheco to receive and file. City Clerk Duarte announced correspondence was received from Brian Heyman; Kathy Perez; City Council Minutes Regular Meeting — October 22, 2019 2 84 letters from residents; 10 letters from non-residents; and, copies of an online petition signed by 239 residents and 481 non-residents in opposition of the coffee shop at the Rives Mansion. City Planner Crystal Landavaso presented the staff report for this item. She provided an overview of the Site Plan Review for the proposed project of the subject site to include rehabilitation of the historic structures and adaptive reuse to administrative offices; new construction of a one story commercial building ensuring ADA compliance. She provided staff's analysis of the three areas of concern for the project: the property's historic designation as a historic resource, the Site Plan Review application, and compliance with the California Environmental Quality Act (CEQA). She explained the application submittal and review process; and, the City contracting with GPA Consulting, a firm which meets the Secretary of the Interior's Profession Qualification Standards, to ensure that the project is in compliance with State standards. She provided comments regarding the design layout including the landscape plan of the site and constraints due to the close proximity to residential properties; and, infrastructural constraints from the large catch basin, communication box and crosswalk while ensuring ADA compliance. City Planner Landavaso reported the results of the Community Meeting that was held on September 3, 2019, where a group of residents requested: limited lighting to ensure no spill over into residential areas, limit 3rd Street exit to "Left Turn Only", and restrict office use to administrative offices. She reported staff evaluated the three requests and incorporated a condition with regards to lighting; staff also consulted with the traffic engineer and it was determined the traffic would not justify such a designation; and, a condition was added regarding hours of operation and limiting outdoor activity. Additionally, staff met with representatives from the Downey Conservancy to discuss their requests and applied conditions to the project to meet their concerns. City Planner Landavaso reported the Planning Commission's action from the Public Hearing of September 4, 2019, wherein they added three additional conditions to ensure the preservation of the historic resources and public access on a quarterly basis with a certified historian. She reported a total of 99 conditions and 15 mitigation measures have been applied to the project and reiterated the conditions focused on preservation of the existing historic structures. Council Member Ashton inquired as to how the location for the new building was identified; and, asked what measures the City has taken to mitigate any obstructions of the view of the mansion from the street. City Planner Landavaso reported on the various reviews conducted to identify to best location for the retail activity which would have the least impact on the residential neighborhood; and, the least amount of view obstruction while continuing to allow the mansion to be eligible for the historic designation. Council Member Frometa inquired regarding the preservation of the property including the house. City Planner Landavaso provided information regarding 99 standard conditions added to the Covenant which is recorded on the property and will be an attachment to the Lease to ensure every tenant leasing the space will be aware all the restrictions placed on the property. She stated the purpose of the attachment is to ensure tenants would not conduct outdoor activities which were not allowed and prevent any alterations to the interior of the property without proper approval from the City. Council Member Frometa asked if it was normal practice to place 99 conditions on a property. City Planner Landavaso responded that it is common practice to place a large amount of conditions on a property with historical value; however, this property does have a significantly larger amount of conditions than any other project has had in the City's history. Council Member Ashton inquired if any precautions were taken to protect patrons and prevent a vehicle from entering the proposed cafe from 3rd Street. City Planner Landavaso confirmed the Public Works Department, Traffic Engineer, and a traffic consultant conducted a complete analysis through the CEQA process and the results did not raise any concerns. City Council Minutes Regular Meeting — October 22, 2019 3 Director Schindler stated bollards, heavy in nature, in the form of landscape planters would be added to obstruct any vehicles from entering the caf6. Mayor Pro Tern inquired if there had been any instances in the past where vehicles entered the property from 3rd Street. Director Schindler confirmed no incidents had occurred at the site. Council Member Frometa inquired about the potential of relocating the utilities. Director Consunji provided information regarding relocating the 35 foot catch basin under the property which collects runoff from the residential neighborhood would result in a major construction project consisting of conducting a Hydrology and Redesign Study to identify a new location for the basin. In addition, the existing water meters and traffic signal would need to be relocated; and, the construction of a curb access ramp is required to meet ADA compliance. Mayor Pro Tern Pacheco inquired if staff reviewed the possibility of locating the coffee shop inside the mansion. City Planner Landavaso stated staff had reviewed every possible location for the commercial activity; however, staff's intention is to preserve the integrity of the interior and exterior of the main residence. A commercial coffee shop and/or juice bar's kitchen requires certain improvements which would call for modifications to the interior that would challenge maintaining the eligibility for the National Historical Register. Council Member Frometa inquired about the location holding an alcohol license. City Planner Landavaso confirmed one of the conditions in place restricts issuance of an alcohol license. Mayor Pro Tern Pacheco asked if any of the Council Members had conducted any pre -hearing discussions or pre -hearing sight visits. All Council Members confirmed no pre -hearing site visits or discussions were conducted. Mayor Pro Tern Pacheco opened this item for public comment at 7:48 p.m. Michael Chirco, resident, commented in support of the project with the exception of the location of the proposed coffee shop and removal of the driveway exiting to 3rd Street. Armando Herman, resident, commented in opposition of the proposed Rives Mansion project; preservation of the historical residential property; Americans with Disability; and, fair wages. Jeffrey Phillips, resident, commented in support of the proposed Rives Mansion project; and, regarding the deterioration of the property. Bob Thompson, President of Downey Historical Society, commented in opposition of the location of the proposed caf6. Rachel Malkin Horst, Downey Conservancy, commented in support of restoring the Rives Mansion; and, in opposition of the location of the proposed caf6. Gloria Misalvagoyo, resident, commented, in opposition of the proposed project. Mark Brown, resident, commented in support of the proposed project. Adrian Alvarez, non-resident, commented in opposition of the proposed project. Blanca Cuevas, resident, commented in support of the proposed project; and, the deterioration of the property. Dr. Albert Cuevas, resident, commented in support of the proposed project. City Council Minutes Regular Meeting — October 22, 2019 4 Jeanie Wood, resident, commented regarding the preservation of the Rives Mansion's history and the relocation of the proposed cafe. Bobbi E. Bruce, Downey Historical Society, commented regarding the preservation of history of the Rives Mansion; and, in opposition of the proposed project. Amanda Concha, resident, commented in support of the proposed project. Felicia Gonzalez, resident, commented in support of the proposed project; preservation of the history of the mansion; and, providing tours to the public. Horacio Ortiz, resident, commented in support of the proposed project. Cristina Castellanos, resident, commented in support of the proposed project and the new cafe development. Mario Padilla, resident, commented in support of the proposed project. Catherine Alvarez, resident, commented regarding demolishing the Rives Mansion and developing new low income apartments on the site. Paula Mejia, resident, commented in opposition of the proposed project. Erika De La Teja and Arturo Concha, applicants, commented regarding their proposed use for the property as an event center upon the purchase of the Rives Mansion. She commented on restoring the Rives Mansion and alternative uses of the site to generate revenues in order to properly maintain the property. She explained the purpose of the cafe and juice shop is meant to encourage patrons to walk the property and learn about the property's history. Mr. Concha commented regarding the conditions imposed on the property. He thanked the City Council and Planning Commission for their support of the proposed Rives Mansion project. Having no one else come forward, Mayor Pro Tem Pacheco closed public comment at 8:37 p.m. City Attorney Abich Garcia reviewed the City Council's options regarding the Call for Review pursuant to the Downey Municipal Code. She provided three action options as: affirm the Planning Commission's decision by resolution; modify the Planning Commission's decision; or, reverse the Planning Commission's decision. She stated whichever action taken by the City Council tonight will require a resolution under the City's Charter Section 511; a resolution must be approved by an affirmative vote of three Council Members. She further explained if the required votes are unattainable the Call for Review fails and the Planning Commission's decision is upheld. Council Member Ashton thanked the applicants for attending the meeting and for being amenable to adhering to the conditions imposed by the Planning Commission. He thanked the audience for attending the meeting. He provided comments regarding his opposition to a commercial building on the site. Council Member Frometa thanked the applicants for attending. She thanked the members of the community for attending and voicing their opinions either in support or in opposition of the proposed project. She stated she has witnessed the decay and despair of the property and she is committed to the preserving the historical value of the site. She stated while it may not be best solution for the property; at the moment this is the best case scenario since the City is not in the position to purchase and restore the Rives Mansion property. She reiterated the action options as they relate to the item and partnering with either the Downey Historical Society or Downey Conservancy to provide quarterly tours. City Council Minutes Regular Meeting — October 22, 2019 5 Director Schindler stated the Planning Commission's intent was to provide site access to the community. They discussed partnering with the Downey Historical Society, Downey Conservancy or a certified historian that meets the Secretary of Interior's qualifications and standards to provide access at specific times to not impede upon the business owners. Council Member Frometa thanked Director Schindler for his comments. She affirmed the Planning Commission's decision. Mayor Pro Tern Pacheco thanked the residents for attending the meeting to voice their comments. She thanked the applicants for their patience and for attending tonight's meeting. She commented regarding the maintenance of the Rives Mansion; the 99 conditions imposed on the property; and, providing quarterly tours of the site to provide information to the public on the history of the Rives Mansion. She thanked the Planning Commission for the hours committed to the various reviews regarding the proposed project in order to reach a decision; and, stated her support to affirm the Planning Commission's decision. City Attorney Abich Garcia stated the recommended action is to adopt the resolution affirming the Planning Commission's decision approving the project. It was moved by Mayor Pro Tern Pacheco, seconded by Council Member Frometa to adopt a Resolution of the City Council of the City of Downey affirming the Planning Commission decision to adopt a Mitigated Negative Declaration and approve a Site Plan Review Application that includes an adaptive reuse of a Historic Residence, Water Tower, and Carriage House (Drying Shed) to Office use, and construction of a new One -Story Commercial Building located at 10921 Paramount Boulevard. The motion failed with Council Member Ashton voting no; Mayor Rodriguez excused; and Council Member Saab abstaining from this item due to the close proximity to his place of business. City Attorney Abich Garcia announced the City Council is unable to take action on the resolution affirming the Planning Commission's decision which means the Call for Review fails and the Planning Commission's decision stands. Mayor Pro Tern Pacheco recessed the City Council meeting at 9:02 p.m. Mayor Pro Telm Pacheco reconvened the City Council meeting at 9:13 p.m. with all Council Members present a Mayor Rodriguez excused. I IS ILI ZT9011M, "M Armando Herman, resident, commented regarding Freedom of Speech, Second Amendme Rights, and political leaders. I Tarim �* I Chanel Pitman, commented regarding Assembly Bill 1482 and the City of Los Angele emergency moratorium. I Catherine Alvarez, resident, commented regarding an emergency moratorium on evictions and the City of Los Angeles' emergency moratorium. Jeffrey McCaughan, resident, commented regarding the Measure S Improvement Project at Furman Park, homelessness, and Police patrols at Furman Park. City Council Minutes Regular Meeting - October 22, 2019 6 Alex Gutierrez, resident, commented regarding Assembly Bill 1482, the housing crisis, and homeless prevention. Resident, no name provided, commented regarding an emergency moratorium on evictions and rent control. Patricia Barraza, resident, commented regarding the Measure S Improvement Project at Furman Park, ADA compliance, homelessness, and Police patrols at Furman Park. Joe Serrano, resident, commented regarding preservation of the tennis courts at Furman Park; the Measure S Improvement Project at Furman Park; and, emergency moratorium on evictions. Velma Baltazar, resident, commented regarding rent control, an emergency moratorium on evictions; and, homelessness. Carmen Rojas, resident, commented regarding an emergency moratorium on evictions; and, Americans with Disabilities. Yasir Arceo, resident, commented regarding an emergency moratorium on evictions. Maria Vera, resident, commented regarding rent control and an emergency moratorium on evictions. Jeremy Clifton, thanked the City Council for embracing the Downey Rose Float Association and looking forward to seeing the Measure S Improvement Projects complete. Veronica Carrera, resident, commented regarding an emergency moratorium on evictions; and, building code violations. Resident, no name provided, commented regarding an emergency moratorium on evictions; homelessness; Americans with Disabilities; and, she wished Mayor Rodriguez a speedy recovery. Alan D. Halstensgaard, commented against abortion and in support of creation research. Juan Francisco Vera, resident, commented regarding an emergency moratorium on evictions. Having no one else come forward, Mayor Pro Tem Pacheco closed non -agenda public comment. Mayor Pro Tem Pacheco thanked the audience for expressing their concerns. She announced Governor Gavin Newsom signed Assembly Bill 1482 Tenant Protection Act of 2019 into law. i Mayor Pro Tem Pacheco asked if there was anyone present who would like to comment on Consent Calendar items. City Clerk Duarte announced correspondence was received from Brian Heyman regarding Item Nos. 6 and 8. She announced in regard to Item No. 8, box numbers 4 and 6 will be removed from the destruction list being approved by the City Council as the City has received a public records request to review the records. Armando Herman, resident, commented regarding Item Nos. 6 and 7; City-wide tree trimming; homelessness; and, rent control. City Council Minutes Regular Meeting — October 22, 2019 7 -• : • fit' � - • i• •: 1 Assistant City Manager Oskoui commented regarding the two year collaborative, deliberative, and inclusive process which lead to the creation of the Parks & Open Space Master Plan. The plan was utilized as a blue print of all parks for the Measure S Improvement Projects, including Furman Park. The City received input from various groups that participated in the three workshops to create the Parks & Open Space Master Plan and will be utilized for the next 35 years. He stated the results were announced at the Public Works Committee meeting on September 15, 2016; Planning Commission meeting on October 19, 2016; and, presented to the City Council at a Public Hearing on November 7, 2016, wherein the Public Notice was published on October 26, 2016. Staff presented the specific design concepts during a Public Hearing at the October 23, 2018, City Council meeting. He mentioned the subcommittee provided input at the October 17, 2018, meeting which were incorporated into the design and presented to the subcommittee at a meeting on April 8, 2019. Assistant City Manager Oskoui stated one of the challenges at Furman Park is the size of the park. The park is only 14 acres and it has to be utilized to its fullest capacity. He commented on discussions with park neighbors; staff's efforts to accommodate the various requests; and, how the locations for the three shade shelters were identified while remaining ADA compliant. He stated he had addressed the tennis court concerns from residents at the October 8, 2019, City Council meeting and said he will be meeting with Mr. Serrano to discuss Mr. Serrano's concerns. He stated the physical tennis court foundation will remain the same for the one tennis court being restriped to be used as a multi-purpose court. He explained if in the future the need arises to reconvert the court to only tennis again it can easily be done. He mentioned having a conversation with the School District and although the access to the tennis courts at the schools is closed the district is willing to provide access if the user groups are able to come up with a supervision and security plan. Mayor Pro Tem Pacheco adjourned the regular City Council meeting at 10:48 p.m. 41A ALICIA Dt1ARTE`, CMC BLANC ACHEO City Clerk City Council Minutes Regular Meeting — October 22, 2019 9 Mayor Pro Tem