HomeMy WebLinkAboutMinutes - 07-22-08 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
JULY 22, 2008
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:33 p.m., July 22, 2008, in the Council Chamber of the Downey City
Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairperson David R. Gafin presiding.
PRESENT:Council Members/Commissioners:
David R. Gafin
Mario A. Guerra
Anne M. Bayer
Kirk O. Cartozian
Rick Trejo
Mayor/Chairperson
Mayor Pro Tem/Vice-Chairperson
(arrived 6:40 p.m.)
ALSO PRESENT:Lee Powell, Acting City Manager/Executive Director
G. Ross Trindle, Assistant City Attorney/Agency Counsel
Kathleen L. Midstokke, City Clerk/Secretary
Scott K. Pornrehn, Assistant Deputy City Manager
Gilbert Livas, Deputy City Manager/Community Development
John Perfitt, Economic Development Director
Other City Staff
PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None
APPROVED CLOSED SESSION MINUTES: July 8, 2008.
It was moved by Council Member/Commissioner Cartozian, seconded by Council
Member/Commissioner Bayer and carried (4/0) to approve.
RECESSED TO CLOSED SESSION:
Mayor/Chairperson Gafin announced the Council/Commission is ncessing to Closed
Session (6:33 p.m.) to discuss matters under the authority of the following sections of the
Government Code:
1. Government Code Section 54957 – Threat to public services or facilities. Consultation Wth
Police Chief Roy Campos.
2. Government Code Section 54956.9(b) – Conference with legal counsel – anticipated
litigation. Significant exposure to litigation – one potential case.
RECONVENED:
The meeting reconvened in Open Session at 7:33 p.m. ®th all Council
Members/Commissioners present. There were no Closed Session actions to report.
City Council/Community Dev. Comm. Minutes (adj.) 07/22/08 -1 -
The meeting recessed to Closed Session at 9:40 p.m. and reconvened to Open Session at
10:20 p.m. will all Council Members/Commissioners present. There were no Closed Session actions
to report
ADJOURNMENT:
The meeting adjourned at 10:20 p.m.
( IT::IIL_ i,/Chat,pe,so.IN City Clerk/Secretary
City Council/Community Dev, Comm. Minutes (adj.) 07/22/08 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JULY 22, 2008
The City Council of the City of Downey held a Regular Meeting at 7:35 p.m., July 22, 2008, in
the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor
David R. Gafin presiding.
PRESENT:Council Members:
David R. Gafin
Mario A. Guerra
Anne M. Bayer
Rick Trejo
Kirk O. Cartozian
Mayor
Mayor Pro Tem
ALSO PRESENT:Lee Powell, Acting City Manager
G. Ross Trindle, Assistant City Attorney
Kathleen L. Midstokke, City Clerk
Scott K. Pomrehn, Assistant Deputy City Manager
Roy Campos, Police Chief
Linda Haines, Building and Housing Director
Gilbert Livas, Deputy City Manager/Community Development
John Michicoff, Finance Director
John Perfitt, Economic Development Director
Thad Phillips, Community Services Director
Brian Ragland, Public Works Director
Mark Sauter. Fire Chief
Susan Domen, Deputy City Clerk
Other Staff
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND
CONFERENCE/MEETING REPORTS:
Mayor Pro Tem Guerra announced there will be a Press Conference Thursday at Fire Station
No. 1 for the Independent Cities Association (ICA) to protest the legislature taking Proposition 1 A
monies from the cities; he noted that there has been progress with Congresswoman Roybal-Allard
getting an additional $700,000 for the Columbia Memorial Space Science Learning Center;
mentioned he had attended a Neighborhood Watch meeting on Monday and there is another one
tomorrow night; and noted he spoke at Kiwanis last week.
Council Member Cartozian recognized former Council Member Keith McCarthy, Kim Tachiki
representative from Congresswoman Roybal-Allard's office, Maria Larkin and Luis Marquez
candidates for Council District 5 in the audience; reported he attended the ICA conference two
weeks ago; requested staff look into a policy Monrovia has on a clean, healthy, safe environment;
requested that all of the 4-way stop intersections in the Downtown area be painted; stated that he
had requests from business owners in the Downtown area that parking be enforced; and thanked
Finance Director Michicoff for completing the service request forms that will go in all City vehicles to
report issues around the City.
City Council Minutes 07/22/08 -1-
Council Member Bayer recognized CommIssioner Lee Ann Sears in the audience; invited
everyone to Concerts-in-the-Park tomorrow night; announced that SEAACA is having their yearly
critter run on July 27th; and last Tuesday Apollo Boiler Plate 19 arrived at the Learning Center
Council Member Trejo thanked Assistant Deputy City Manager Pomrehn for his involvement
in getting the Boiler Plate back to Downey; and requested the marquee in front of Embassy Suites
be fixed
Mayor Gafin reported that he attended the ICA conference two weeks ago; stated that the
Neighborhood Watch meetings are going strong; announced that there will be a Business Watch
meeting Thursday in the Council Chambers; Friday is the Chamber of Commerce Anniversary
luncheon; and recognized Rick Rodriguez, President of the Chamber of Commerce; Fernando
Vasquez and Gary DeRemer candidates for Council District 5 in the audience.
PRESENTATIONS:
Mayor Gafin read a Certificate of Appreciation for A. Amelia Given for her 100th Birthday on
July 13, 2008, who was unable to attend the meeting tonight.
Mayor Gafin presented Proclamations for Parents of the Year for 2008 to Edel Williams from
Downey High School and Charles and Vera Johnson from Warren High School.
PUBLIC HEARINGS:
1.APPEAL OF CONDITIONAL USE PERMIT NO. 08-16, A REQUEST TO OVERTURN THE
PLANNING COMMISSION’S DENIAL OF AN ALCOHOL BEVERAGE LICENSE WITHIN
THE EXISTING RESTAURANT (BON APPETITE SUSHI AND SALAD) ON PROPERTY
LOCATED AT 7808 FLORENCE AVENUE: Community Development.
ADOPT RESOLUTION NO. 08- , A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING AN APPEAL, THEREBY OVERTURNING THE
PLANNING COMMISSION’S DENIAL OF CONDITIONAL USE PERMIT (CUP) 08-16, A
REQUEST FOR AN ALCOHOL BEVERAGE LICENSE, TYPE 41 (ON-SALE BEER AND
WINE, EATING PLACE) WITHIN THE EXISTING RESTAURANT (BON APPETITE SUSHI
AND SALAD) ON PROPERTY LOCATED AT 7808 FLORENCE AVENUE AND ZONED C-
1 (NEIGHBORHOOD COMMERCIAL).
Mayor Gafin opened the Public Hearing at 8:03 p.m. City Clerk Midstokke affirmed receipt
of the Proof of Publication. It was moved by Council Member Trejo, seconded by Council Member
Bayer and so ordered to receive and file.
Senior Planner Blumenthal presented a Power Point presentation noting that the original
request to sell beer and wine was considered on May 21, 2008 by the Planning Commission. Staff
had originally requested approval of the CUP but it was denied for a lack of parking on the site and
them having more than the original 10 seats agreed upon during the permitting process; and due to
banners that were hanging outside that have since been removed.
Mayor Pro Tem Guerra requested clarification on how seats were counted and inquired how
the restaurant at the other end of the strip mall qualifies for more seating. Planner Blumenthal
responded that he only had the information on the site they were considering and per the Code they
are not allowed more than 10 seats due to parking limitations.
City Council Minutes 07/22/08 -2-
Council Member Cartozian clarified that the Council is only considering the CUP and not
addressing the issue of the back door and potential noise from the patrons using it affecting the
neighbors. He was informed that there currently are no restrictions on the use of the back door;
however Council can add that if they choose.
Deputy City Manager Livas noted that at the Planning Commission Public Hearing cornrnents
were received from 2 residents and their complaints had to do with the Guardsman located at the
other end of the strip mall. They were concerned with it being an actual bar and not a restaurant
and limiting access to the rear door was proposed at that time.
Mayor Gafin stated that the more important concern that needs to be addressed is whether
or not 10 seats is adequate seating and if the parking is adequate to allow for more. He stated that
the parking lot is generally empty after 5 p.m. due to the fact that the other businesses close at that
time. Deputy Livas noted that the Code is currently problematic and will be addressed in the Code
update that will be considered in the future.
Angelica Tamada, owner, stated that the back door is only accessible through the kitchen
and only used by staff. She responded to Mayor Gafin’s inquiry that she is agreeable to the
conditions listed except for the seating and had letters from four customers speaking in favor of
allowing the CUP.
The following citizens spoke in favor of allowing the CUP:
Robert Zavala Mary Cabajo (sp?)
It was moved by Mayor Pro Tem Guerra, seconded by Council Member Bayer and so
ordered to close the Public Hearing the time being 8:25 p.m.
Mayor Pro Tem Guerra stated that the alcohol and parking will not be a problem and
suggested removing condition No. 9 and add a restriction on the back door usage.
Council Member Cartozian noted that he supports the CUP, however, he is concerned with
the impact of the parking during the day as at night it is not an issue. He added that the other
restaurant is large which allows for more seating and that he feels if you lower the seating greatly
you would encourage more alcohol sales.
Council Member Trejo noted his agreement with Mayor Pro Tem Guerra’s comments that 10
seats is not enough and that this is a family oriented business.
Mayor Gafin reiterated that it comes down to the number of seating allowed and asked staff
to make a recommendation. Deputy Livas noted they currently have 30 seats that could be allowed
and reviewed once the Zoning Code is approved or within 1 year.
Council Member Cartozian stated that the restaurant shouldn’t be allowed to have 30 seats
just because they currently have them illegally. He suggested allowing 20 with a review in 6 months
time
Mayor Gafin suggested that the item be continued to allow staff to come back with the
requested information and a clear plan as to handling the amount of seating allowed.
It was moved by Council Member Cartozian, seconded by Council Member Bayer to continue
the item until the August 12, 2008 meeting. Council Member Cartozian later withdrew the motion.
City Council Minutes 07/22/08 -3-
It was moved by Council Member Cartozian, seconded by Council Member Bayer and
unanimously carried to allow the restaurant to continue to do business as is, reopen the Public
Hearing and continue until the August 12, 2008 meeting where the conditions of the back
door and seating issues will be addressed.
2.AN APPEAL OF A DECISION BY THE PLANNING COMMISSION TO DENY ZONE
VARIANCE NO. 07-202 – A REQUEST TO WAIVE THE ENFORCEMENT OF A
CONDITIONAL OF APPROVAL OF ZONE VARIANCE NO. 293, THAT REQUIRES THE
PROVISION OF TWO COVERED PARKING SPACES PRIOR TO SALE OF THE
PROPERTY AT 9447 PELLET STREET: Community Development.
ADOPT RESOLUTION NO. 08- , A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY DENYING THE APPEAL OF A DECISION BY THE PLANNING
COMMISSION TO DENY ZONE VARIANCE NO. 07-202 – A REQUEST TO WAIVE THE
ENFORCEMENT OF A CONDITION OF APPROVAL OF ZONE VARIANCE NO. 293, THAT
REQUIRES THE PROVISION OF TWO COVERED PARKING SPACES PRIOR TO THE
SALE, LEASE, OR RENTING OF THE PROPERTY AT 9447 PELLET STREET, ZONED R-
1 6,000 (SINGLE-FAMILY RESIDENTIAL).
Mayor Gafin opened the Public Hearing at 8:44 p.m. City Clerk Midstokke affirmed receipt
of the Proof of Publication. It was moved by Council Member Trejo, seconded by Council Member
Bayer and so ordered to receive and file.
Mayor Gafin announced that staff is requesting this item be continued to August 12, 2008
Council Meeting.
It was moved by Council Member Cartozian, seconded by Council Member Bayer and
unanimously carried to continue to the August 12, 2008 meeting.
NON-AGENDA PUBLIC COMMENT:
Carol Kerns, resident of Downey, suggested the City look into putting up signage on the
Downey Theatre to advertise for upcoming events and to also have them listed on our website.
Michael Hutchinson, Project Area Committee (PAC) Chairperson, noted concerns that were
raised at the last PAC meeting.
Harold Tseklenis, resident of Downey, stated he is excited to witness the “green” awakening
of the City Council.
Bernice Stumps, resident of Downey, noted her support of installing signage on the Downey
Theatre and advertising events on the City website.
CONSENT ITEMS REMOVED: None.
CONSENT CALENDAR:
It was moved by Council Member Cartozian, seconded by Council Member Bayer, and
unanimously carried to approve the Consent Calendar items as recommended:
City Council Minutes 07/22/08 -4-
3.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings July 8, 2008:
City Clerk.
4.APPROVED WARRANTS ISSUED: Warrant Nos. 232975 – 233310: Wire Nos. 376 – 378
30001709 – 30001717; in the total amount of $3,567,790.38: Finance.
5.APPROVED MEMORANDUM OF UNDERSTANDING WITH LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY (MTA) FOR PAYMENT FOR
REPORTING FISCAL YEAR 2006 NATIONAL TRANSIT DATABASE INFORMATION :
Community Services.
6.APPROVED ANNUAL PROJECT UPDATE FY 2008-09 FOR EXPENDITURE OF
PROPOSITION “A“ AND “C” LOCAL RETURN FUNDS FOR suBMii-rAL TO LOS
ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY: Public Works.
7.APPROVED AGREEMENT WITH HABITAT FOR HUMANITY OF GREATER LOS
ANGELES WHICH RESERVES $211,000 1N FEDERAL HOME FUNDS FOR
AFFORDABLE HOUSING PROJECTS: Housing.
8.APPROVED AMENDMENT TO THE AGREEMENT WITH THE LONG BEACH
AFFORDABLE HOUSING COALITION, INC. WHICH INCREASES THE AMOUNT OF
FEDERAL HOME INVESTMENT PARTNERSHIP PROGRAM RESERVATION BY
$502,492: Housing.
9.ADOPTED RESOLUTION NO. 08-7070, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE
RECORDS OF THE FINANCE DEPARTMENT: Finance.
10.ADOPTED RESOLUTION NO. 08-7071, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ESTABLISHING A TWO-HOUR VEHICLE PARKING RESTRICTION
FROM 7:00 A.M. TO 7:00 P.M. WEEKDAYS, ON THE SOUTH SIDE OF PRISCILLA
STREET, BETWEEN BLODGETT AVENUE AND LAKEWOOD BOULEVARD: Public
Works
11.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO THE
SPEED LIMIT FOR ALAMEDA STREET: Public Works.
ADMINISTRATIVE REPORTS:
12.MORATORIUM PROHIBITING THE DEVELOPMENT OF NEW STANDALONE WIRELESS
COMMUNICATION FACILITIES: Community Development.
A. ADOPTED ORDINANCE NO. 08-1230, AN INTERIM URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF DOWNEY PLACING A MORATORIUM ON THE
DEVELOPMENT OF NEW STANDALONE WIRELESS COMMUNICATION FACILITIES
FOR A PERIOD OF 45 DAYS, PENDING DEVELOPMENT OF A WIRELESS
COMMUNICATION FACILITIES POLICY, THE ADOPTION OF ANY AND ALL
NECESSARY AMENDMENTS TO THE CITY’S LAND USE REGULATIONS. AND
SETTING FORTH THE FACTUAL BASES FOR SAME AS AN URGENCY ORDINANCE.
Senior Planner Blumenthal presented a Power Point presentation asking for moratorium for
45 days to develop a policy and guidelines for stand alone wireless communication facilities that
would provide minimal impact to neighboring properties.
City Council Minutes 07/22/08 -5-
Council Member Cartozian asked what would be accomplished in 45 days that hasn’t already
been done and was told that there is no clear policy and direction currently in place and this would
provide the time to develop them. He then asked how many applicants are in the process and was
told two with several inquiries.
Mayor Pro Tem Guerra asked if the cell towers are for enhancement of existing services or if
they are for new service and stated his concerns with hindering businesses and the quality of
service to customers. He was informed that the two applicants are Metro PCS and T-Mobile and
that the moratorium is only for free standing poles, this does not effect building mounted antennas.
Deputy City Manager Livas explained that staff wants as much clarity as possible on issues
such as height, where do we want them in the City, what types of stealth technology is acceptable,
to provide to applicants from the beginning of the process and to make the entire process more
efficient. Currently, there are no guidelines and it is just staff going back and forth with the
applicants until something acceptable is decided upon.
Council Member Cartozian asked why we didn’t allow the two applications in the process to
continue and have the moratorium be for any new applications received and was told that staff
needs the guidelines to be able to effectively and efficiently deal with the applications and not have
the residents effected by the installation of them without guidelines.
Mayor Gafin noted his agreement that the residents could be affected until the guidelines are
established.
Council Member Cartozian asked if there had been complaints on existing monopoles and if
the two applications currently being reviewed are for stealth monopoles. Deputy City Manager Livas
responded that previous staff had worked very hard to navigate the process of installing the existing
poles so as not to impact the community and most cell sites are encouraged to be put on buildings
so they can be screened from view. He also iterated that staff is trying to be proactive and install
guidelines before this becomes an issue and that the two applications are stealth, one as a flag pole
and one as a pine tree.
Council Member Trejo asked what the cost for installing stealth poles compared to non
stealth is and stated that there is a lot of technology that could ensure better stealth attempts.
Council Member Bayer complimented staff on the report and stated that 45 days is sufficient
to bring back guidelines.
Mayor Gafin noted his agreement that it is more prudent to deal with the issues now instead
of after the poles are built.
Joe Thompson, representative of T-Mobile, stated that they currently have an application in
and feels that staff has delayed the approval in anticipation of the moratorium. He noted that staff
had shown the worst possible examples of stealth technology they could find and that while fake
pines are fake pines, they try to make them as un-distracting as possible. He stated that the City
does not have vertical elements so there is a need for more monopoles. Mr. Thompson explained
that they are concerned with the impact to the citizens while they are providing services to them.
Council Member Cartozian asked how the current applicants could assure the City that the
highest quality of stealth technology would be used without guidelines in place.
Mayor Pro Tem Guerra mentioned he would support the moratorium because it is short
enough and we do need guidelines in place before we go forward but he would like to see a lot of
clarification on what is acceptable.
City Council Minutes 07/22/08 -6-
It was moved by Mayor Pro Tem Guerra, seconded by Council Member Bayer and carried,
with the dissention of Council Member Cartozian, to adopt the Ordinance.
Prior to the vote, Council Member Cartozian clarified that the item needs a 4/5th vote to pass
and noted his concerns about the City looking unfriendly towards businesses. He suggested that
the two applications already submitted be allowed to proceed and only new applications would be
effected by the moratorium. He concluded that the Planning Department is lean on staff and we
need to hire more Planners.
Council Member Trejo stated that he does not want to see a proliferation of these towers as
there is in other cities and he would like the time to learn more about the stealth options.
OTHER BUSINESS:
13.DISCUSSION RE: FORMATION OF A CITY COUNCIL TEMPORARY AD HOC WEBSITE
SUBCOMMITTEE: Economic Development.
Economic Development Director Perfitt stated that this item was brought forward at the
request of the Council to set forth some criteria and develop a plan for updating and upgrades to
functionality of the current City website.
Mayor Pro Tem Guerra requested that this not be a temporary committee and that City Clerk
Midstokke and himself should serve on it along with another Council Member.
Mayor Gafin requested legal clarification as to the difference in the committee being
temporary or not and was informed that the temporary committee does not need to adhere to the
stricter Brown Act notification process and would allow the committee to review and see what is
needed before taking it any further.
Keith McCarthy, former Council Member, explained that the original subcommittee meetings
were to get public input and that they did not have a lot of staff or finances devoted to it. He
expressed the need for a community calendar.
Mayor Gafin confirmed his approval of forming the committee as is presented as it will allow
it to move forward and can be reclassified at a later date if it becomes necessary.
Council Member Bayer stated she would like to serve on the committee.
It was moved by Mayor Pro Tem Guerra, seconded by Council Member Cartozian and
unanimously carried to form a Temporary AD HOC Website Subcommittee consisting of Mayor
Pro Tem Guerra, Council Member Bayer, City Clerk Midstokke and Economic DevelopmentDirector Perfitt.
STAFF COMMENTS: None
The meeting recessed to Closed Session at 9:40 p.m. and reconvened at 10:20 p.m. with
all Council Members present.
City Council Minutes 07/22/08 -7-
ADJOURNMENT:
The meeting adjourned at 10:20 p.m. to 6:30 p.m. August 12, 2008 in memory of Tony
Pena, longtime Downey resident.
f:ira:,
otraInS };Ki ;ity Clerk
City Council Minutes 07/22/08