HomeMy WebLinkAboutMinutes - 10-23-07 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
OCTOBER 23, 2007
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:31 p.m., October23, 2007, in the Council Chamber of the Downey
City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairperson Rick Trejo presiding.
PRESENT:Council Members/Commissioners:
Rick Trejo
David R. Gafin
Kirk O. Canozian
Anne M. Bayer
Mario A. Guerra
Mayor/Chairperson
Mayor Pro Tem/Vice-Chairperson
ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director
Edward W. Lee, City Attorney/Agency Counsel
Kathleen L. Midstokke, City Clerk/Secretary
Lee Powell, Assistant City Manager
Scott K. Pomrehn, Assistant to the City Manager
Desi Alvarez, Deputy City Manager/Special Projects
Gilbert Livas, Deputy City Manager/Community Development
Roy Campos, Police Chief
Thad Phillips, Director of Community Services
PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS:None
APPROVED CLOSED SESSION MINUTES: September 11, 2007.
It was moved by Council Member/Commissioner Cartozian, seconded by Council
Member/Commissioner Bayer and unanimously carried to approve the Closed Session Minutes.
RECESSED TO CLOSED SESSION
Mayor/Chairperson Trejo announced the Council/Commission is recessing to Closed
Session (6:32 p.m.) to discuss matters under the authority of the following section of the
Government Code:
1. Government Code Section 54956.9(c) – Conference with legal counsel – anticipated
litigation. initiation of litigation – one potential case.
2. Government Code Section 54956.9(b)(1) – Conference with legal counsel – anticipated
litigation. Significant exposure to litigation – one potential case.
3 Government Code Section 54957 – Public Employee Performance Evaluation – City Clerk.
City Council/Community Dev. Comm. Minutes (adj.) 10/23/07 -1 -
RECONVENED
The meeting reconvened in Open Session at 7:34 p.m. ®th all Council
Members/Commissioners present. There were no Closed Session actions to report.
The meeting recessed at 7:34 p.m.
The meeting reconvened at 9:52 p.m. Wth all Council Members/Commissioners present and
immediately recessed to Closed Session
The meeting reconvened in Open Session at 10:15 p.m. Wth all Council
Members/Commissioners present. There were no Closed Session actions to report.
ADJOURNMENT: 10:15 p.m.
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City Council/Community Dev. Comm. Minutes (adj.) 10/23/07 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
OCTOBER 23, 2007
The City Council of the City of Downey held a Regular Meeting at 7:38 p.m., October 23,
2007, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey,
California, Mayor Rick Trejo presiding.
PRESENT:Council Members:
Rick Trejo
David R. Gafin
Kirk O. Cartozian
Anne M. Bayer
Mario A. Guerra
Mayor
Mayor Pro Tem
ALSO PRESENT:Gerald M. Caton, City Manager
Edward W. Lee, City Attorney
Kathleen L. Midstokke, City Clerk
Lee Powell, Assistant City Manager
Scott K. Pomrehn, Assistant to the City Manager
Desi Alvarez, Deputy City Manager/Special Projects
Gilbert Livas, Deputy City Manager/Community Development
Roy Campos, Police Chief
Linda Haines, Building and Housing Director
John Mlichicoff, Finance Director
Thad Phillips, Community Services Director
Brian Ragland, Public Works Director
Mark Sauter, Fire Chief
William Davis, Business Development Manager
Susan Domen, Secretary to the City Clerk
COUNCIL MEMBER ANNOUNCEMENTS:
Council Member Bayer encouraged everyone to attend the Pumpkin Patch at Apollo Park on
Halloween; and noted that several Council Members attended the Downey Rose Float’s Annual
Parade of Winners on Sunday.
Council Member Cartozian welcomed Deputy City Manager Livas; noted he had attended the
True Lasting Connections fundraiser, the Downey Savings 50th Anniversary celebration and the
Invitational Breakfast for the new Krikorian Theatre in Pico Rivera.
Council Member Guerra welcomed former Council Member Di Loreto in the audience: and
stated that his heart and prayers go out to families and firefighters dealing with the firestorms in
Southern California. He asked Fire Chief Sauter for a brief update.
Chief Sauter stated that on Saturday morning the communications center received a call
regarding the fires and deployed 2 strike teams with Downey engines to Malibu. He noted that a 3fd
team went on Sunday morning along with Long Beach, to Malibu and in the afternoon a 4th strike
team was deployed. On Monday a 5th strike team was sent to Ventura with a Rainbow Strike Team.
The 1 =t two teams were reassigned to the Magic fire and then to San Diego County. He concluded
that the 3'd team has been reassigned to Orange County.
City Council Minutes 10/23/07 -1-
Council Member Guerra continued thanking the firemen for their efforts; stated he had a
Town Hall meeting last week with a great turnout; mentioned that the plantings in the medians on
Imperial Highway have been completed; noted he had attended the Unity in Community meeting last
week; and announced that this week is Red Ribbon and Character Counts week for the School
District
Mayor Pro Tem Gafin stated that the Downey Police and Fire Foundation had a successful
golf tournament last week; mentioned that last Saturday Keep Downey Beautiful held 2 events, one
on Lakewood Boulevard at Firestone Boulevard and the other at Furman Park and the Golf Course;
he congratulated Council Member Guerra on a successful Town Hall meeting; and stated that his
heart and prayers go to all the firemen working on the firestorrns.
Mayor Trejo noted he had attended the Downey Savings 50th Anniversary celebration;
attended the Sanitation District meeting last Wednesday; and attended the Gateway Cities meeting
last Thursday.
PRESENTATIONS:
Mayor Trejo presented a Proclamation declaring October 28, 2007 as National Immigrants
Day
Mayor Trejo presented a Proclamation declaring October 27, 2007 as Make a Difference
Day, the national day to help others.
Mayor Trejo presented a Proclamation declaring the month of November as Nationa
American Indian Heritage Month
PUBLIC HEARING:
1.SPECIFIC PLAN AMENDMENT NO. 07-68: A REQUEST BY TENANT WORLD OF
DECOR TO AMEND SPECIFIC PLAN NO. 90-1 TO ALLOW OUTDOOR DISPLAY OF
MERCHANDISE ON PROPERTY LOCATED AT 11111 FLORENCE AVENUE: Community
Development.
A.ADOPTED RESOLUTION NO. 07-7033, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY DENYING SPECIFIC PLAN AMENDMENT NO. 07-68.
REGARDING A REQUEST BY WORLD OF DECOR, INC., TO AMEND SPECIFIC
PLAN NO. 90-1 TO ALLOW OUTDOOR DISPLAY OF MERCHANDISE ON SITE 1 OF
SPECIFIC PLAN NO. 90-1 (FLORENCE AVENUE 1-5 SPECIFIC PLAN) ON
PROPERTY LOCATED AT 11111 FLORENCE AVENUE, AND DENYING A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT.
Mayor Trejo opened the Public Hearing at 8:03 p.m. City Clerk Midstokke affirmed receipt
of the Proof of Publication. It was moved by Mayor Pro Tem Gafin, seconded by Council Member
Guerra and so ordered to receive and file.
Business Development Manager Davis presented a Power Point presentation explaining that
the applicant is requesting an amendment to Specific Plan 90-1 to allow for outdoor storage of their
merchandise. The current zoning prohibits outdoor storage that is not fully enclosed other than
automobiles being displayed for sale. He noted that the property, known as Site 1, is currently
occupied by World of D6cor and the “Garden Display Area” that is in question is located on the
northerly portion of the property visible by the 1-5 and 605 freeways. The merchandise stored in this
portion of the property is the larger statuary and gazebo type structures along with pallets and
City Council Minutes 10/23/07 -2-
banner type signage. Mr. Davis noted that the area was utilized without approval from the City and
raised concerns by the Fire Department, Building Department and the Code Enforcement. He
explained that the Planning Commission received testimony from staff and the applicant and
concluded they could not make the findings required by Code, it does not meet the goals and
objectives of the Specific Plan or the General Plan.
Mayor Pro Tem Gafin asked where else in the City is this type of storage allowed without
being screened in and covered up and was told that the Zoning Code does not allow it.
Council Member Guerra questioned the use of garden areas outside stores such as Home
Depot and All American. He was told they are roofed, have columns and wrought iron materials that
diminish view and are in keeping with their Conditional Use Permits (CUPs). Council Member
Guerra further asked if the Fire Department has access to go completely around the building and
was informed that the access has been secured with lock boxes. He then asked how long this area
has been there and if the applicant had permission to install it. Manager Davis replied that it has
been there approximately one year and had been originally installed on the easterly side of the
building and they were told it had to be moved. He also noted that it has helped to alleviate a graffiti
problem on this side of the building and the amendment is being asked only for Site 1 of the entire
property, which would create inconsistencies in the zoning.
Mayor Trejo asked what is stored inside the building and why these things are not. Manager
Davis responded that the store sells unique, hard to find items of furniture and outdoor statuaries
which are also sold by auction and that the applicant chooses to store them outside. Mayor Trejo
stated they had done a nice job decorating the building.
Margaret Ackerman, Vice President of World of D6cor, indicated that the building had been
vacant for over 7 years and they have spent over $150,000 to beautify the building and landscaping.
They met the City’s requirements throughout the CUP process. After painting the building, they had
continuous graffiti issues. They had put display on the south side of building and Code Enforcement
told them they couldn’t; however, they could on north side if it was enclosed. She further stated that
when the gates were installed the graffiti diminished. They have received increased revenue from
exposure due to the freeway.
Cort Palmer, General Manager of World of D6cor, stated that initially there was a graffiti
problem and the fire, police, and building departments told them to move the display back there. He
indicated that the City’s exposure can be a nice display of merchandise; or graffiti, bon fires and
garbage. He expressed that they have tried to meet the standards of City. He concluded that this is
the most frustrating City he has ever dealt with. There are issues with the auctions as well.
City Attorney Lee clarified that the only issue before the Council tonight is the outdoor
storage and that the auctions are separate issues.
Bob Goldstein, resident of Downey, stated that this seems like bureaucracy at its finest and
inquired as to who told them the outdoor display was okay.
Poli Palomera, member of Chamber of Commerce, expressed that he feels the Chamber
should be speaking in support of this business.
Lennie Whittington, resident of Downey, indicated that they have made a big investment and
the City should assist them by changing the rules.
John Lacey, resident of Downey, stated that the company has made an attempt to make it a
productive site for themselves as well as the City and the issues should be worked out.
Council Member Guerra questioned who told them they can store the stuff outside.
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City Manager Caton responded that no matter what someone says, if it is against the law, it
is against the law. He asked Police Chief Campos to clarify.
Chief Campos stated that there were several mischaracterizations by the applicant. Code
Enforcement never advised them to do anything in violation of the Codes. There are a number of
ongoing violations where staff has bent over backwards allowing them to continue to do business
while correcting the violations. He concluded that the City has been trying to be a good partner and
he has never encountered someone before who so blatantly continues to ignore the City Codes.
Mayor Pro Tem Gafin inquired whether it is true that no one was receiving sales tax. Mr.
Palmer responded that big corporations are always behind on taxes and that they were not
conducting non-taxed sales. Ms. Ackerman concurred that they have never not paid what is due,
only payment was delayed. She concluded that they don’t want to break the rules, they are in
business to be successful and invest in the City.
There being no further speakers, it was moved by Council Member Guerra, seconded by
Council Member Bayer and so ordered to close the Public Hearing, the time being 9:00 p.m
Council Member Cartozian expressed that the issue tonight is the Specific Plan Amendment
It is the Council’s job to make decisions that set precedent in the City. He does sympathize with the
graffiti problems and said maybe the gates can remain.
Mayor Trejo stated that he believes that the Codes are not antiquated and that you have to
obtain proper licenses and permits before you undertake projects.
It was moved by Council Member Cartozian, seconded by Council Member Guerra and
unanimously carried to adopt the Resolution.
NON-AGENDA PUBLIC COMMENT:
Alfonso Villasenor, resident of Downey, requested that protective netting be put up around
the golf course, specifically Hole #14, to protect the residents and their homes from harm.
The following persons spoke regarding the Chinese government persecuting followers of the
Falun Gong practice and requested a Resolution:
Bin Li
Ling Yun Zhao
Hongwei Lou
Fengling Gie
Jie Li
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:
2.
3.
APPROVED CITY COUNCIL MINUTES: Regular Meeting October 9, 2007: City Clerk.
APPROVED WARRANTS ISSUED: Warrant Nos. 226399 – 226729; Wire No. 337 – 339
30001538 – 30001546; in the total amount of $3,237,216.33: Finance.
4.APPROVED PROFESSIONAL SERVICES AGREEMENT WITH GRANICUS. INC. FOR
INTERNET REPLAY BROADCASTS OF ACTIONS TAKEN AT CITY
COUNCIL/COMMUNITY DEVELOPMENT MEETINGS AND APPROPRIATED $45,500
FROM THE GENERAL FUND: Administration.
City Council Minutes 10/23/07 -4-
5.ADOPTED ORDINANCE NO. 07-1222, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE
RELATING TO THE SPEED LIMITS FOR THIRD STREET: Public Works.
6.ADOPTED ORDINANCE NO. 07-1223, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING AN AMENDMENT TO THE CITY’S COMPREHENSIVE
ZONING MAP, CHANGING THE ZONING OF PROPERTY AT 8603 IMPERIAL HIGHWAY
FROM C-P (PROFESSIONAL OFFICE) TO R-3-0 (MEDIUM DENSITY MULTIPLE-FAMILY
RESIDENTIAL OWNERSHIP)(ZONE CHANGE NO. 07-86): Community Development.
OTHER BUSINESS;
COUNCIL MEMBER REQUESTS FOR FUTURE AGENDA ITEMS:
Council Member Guerra requested staff to look into handicapped parking on Downey
Avenue, perhaps near the mortuary; stated that he attended the Unity in the Community meeting
and their preference is no lighting in the park and requested a survey of the neighborhood; he
concluded that it had been six months since the fencing was approved at Fire Station No. 1 and
would like to know when it will be completed.
Mayor Pro Tem Gafin requested the Recreation and Community Services Department look
into the netting at the golf course; requested that Meredith Perkins be considered for reappointed to
the Vector Control District; requested that the parking enforcement team be expanded; and
requested consideration that the parking lot at Rio San Gabriel Park be expanded to the east.
Council Member Cartozian requested a meeting with the Finance Director regarding graffit
logging; requested a meeting of the Downtown Subcommittee; requested an update on the green
building incentive Ordinance; and requested a study of increasing the Planning Department staff,
training, field work and technology; and to revisit the planning fees for the next fiscal budget.
Mayor Trejo request a status report on the Learning Center Museum and Park at the next
meeting and to have a meeting of the subcommittee scheduled.
The meeting recessed to Closed Session, the time being 9:52 p.m., to continued discussion
on Item No. 3 on the agenda. The Meeting reconvened at 10:15 p.m. with all Council Members
present. There were no Closed Session actions to report.
ADJOURNMENT: 10:15 p.m.
The meeting adjourned at 10:15 p.m. to 6:30 p.m. November 13, 2007, in memory of
Regina Estelle McMullen, longtime Downey resident and mother of Public Works employee
Patti McMullen; Melva Simmons, mother-in-law of Public Works employee Kathy Simmons;
Maria Guadalupe Gutierrez, grandmother of Public Works employee Desi Gutierrez and
Wendy Donahue, sister-in-law of Community Development employee Theresa Still.
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KATHLEEN L. MIDSTOKKE, City Clerk Rrp Mayor
City Council Minutes 10/23/07 -5-