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HomeMy WebLinkAboutMinutes - 02-10-04 - Regular Meeting' 014673 MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING FEBRUARY 10, 2004 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:32 p.m., February 10, 2004, in the Council Chamber of the Downey City Hall, Mayor/Chairman Kirk Cartozian presiding. PRESENT:Council Members/Commissioners: Kirk O. Cartozian Keith McCarthy Anne M. Bayer Meredith H. Perkins Rick Trejo Mayor/Chairman Mayor Pro Tempore/Vice-Chairman (arrived 6:59 p.m.) ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Charles Vose, City Attorney Joyce E. Doyle, Chief Deputy City Clerk/Secretary Lee Powell, Assistant City Manager Darrell George, Director of Community & Economic Development John Michicoff, Director of Finance James Makshanoff, Assistant to the City Manager APPROVAL OF CLOSED SESSION MINUTES It was moved by Council Member/Commissioner Perkins, seconded by Mayor Pro Tempore/Vice Chairman McCarthy and unanimously carried (4/0) to approve the Closed Session Minutes of January 27, 2004. RECESS TO CLOSED SESSION Mayor/Chairman Cartozian announced the Council/Commission is recessing to Closed Session (6:34 p.m.) to discuss matters under the authority of the following sections of the Government Code: 2.SECTION 54956.9 Subdivision (a) – Conference with legal counsel – existing litigation: Carrera vs. City of Downey, Downey Dial-A-Ride, et al., Norwalk Superior Court Case #VC0395 15 . 3.SECTION 54956.9, Subdivision (a) – Conference with legal counsel – existing litigation: Meridian Pacific Construction vs. City of Downey, Los Angeles Superior Court Case #BC:308812. City Council/Community Dev. Comm. Minutes (adj .) 02/10/04 -1- It 1 4 6 ?8 4.SECTION 54956.8 – Conference with real property negotiators Gerald Caton and Darrell George re property: Parcels 1, 2 and 5 of the Downey NASA site generally bounded by Stewart & Gray Road, Imperial Highway and Lakewood Boulevard; negotiating party: Industrial Realty Group; under negotiation: price and terms of payment- pulled by Council Member Perkins. The meeting reconvened in open session at 7:31 p.m. with all Council Members/- Commissioners present. City Attorney Vose announced that in regards to item #4, the City Council unanimously voted to authorize the City Manager to execute an amendment to the Purchase and Sale Agreement with Industrial Realty Group which includes provisions to extend escrow to March 16, 2004, and to increase the deposit for the escrow to $2,250,000. The meeting recessed at 7:32 p.m. ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 1 1:12 p.m. with all Council Members/Commissioners present (see Oral Communications in the Regular City Council Meeting Minutes) and recessed at 1 1 :16 p.m. The meeting reconvened at 11:39 p.m. with all Council Members/Commissioner present. ADJOURNMENT: 11 :40 p.m \ \ P / N\ qb f-tI. a JOYCE5,DOYLE, Chief Deputy City Clerk/Secretary Mayor/Chairman City Council/Community Dev. Comm. Minutes (adj .) 02/10/04 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING FEBRUARY 10, 2004 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Council Member Announcements Agreement w/Challenger Center for Space Science Education in the amount of $825,000 Res. # 6734 - Public Hearing Appeal CUP # 03-86 for Restaurant at 11022 Downey Avenue Oral Communications Public Hearing - DMC amendment re: wireless comm. facilities on property zoned R-3 Council Minutes: Adj. & Reg. Meetings 1/27/04 Cash Contract # SS 522 – Lakewood Blvd. Traffic Signal Communication – plans/specifications and authorize bids Cash Contract # SS 533 – Firestone Blvd. Traffic Signal Synchronization – plans/specifications and authorize bids Warrants: # 192244 - 192643; Wire Nos. 197-198, 30000739-750; $2,490,679.38 Agreement w/L. A. County Office of Education for $100,000 $ 100,000 re: Learning Center space education Appeal, Revocation of Zoning Variance #660 for 7447 Firestone Blvd. (Johnie’s Broiler sign) Agreements to purchase right-of-way easements for Lakewood Blvd. Impr. Project at 8742 Meadow Rd & 11837 Lakewood Blvd. Re-appropriation $15,000 Paul DeTilla contract for digitized City boundary for GIS Amendment to Agreement w/EDAW, Inc. re: Lakewood Blvd. Impr. Project: preparation of GPA and Zoning Plan Approved 2 Adopted as amended 8 8 9 10 10 10 Introduced Ordinance Approved Approved Approved Approved 10 Approved 1 0 Set Hrg. 02/24/04 10 Approved Approved 10 11 Approved 1 1 COUNCIL MINUTES, FEBRUARY 10, 2004 TABLE OF MINUTE ACTIONS (CONTINUED) ACTION Adopted PAGE NO. 11Ord. #1158 - DMC amendment re: Used Car & Truck Sales Display Lots and Offices Downey 2nd Century Foundation; Civic Center’s 20th Anniversary Open House - April 22, 2004 Approved 11 Staff Comments 11 12 12 Council Member Announcements – con’t. Adjournment to 6:30 p.m., February 24, 2004 0146 ? ?MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING FEBRUARY 10, 2004 The City Council of the City of Downey held a Regular Meeting at 7:42 p.m., February 10, 2004, in the Council Chamber of the Downey City Hall, Mayor Kirk Cartozian presiding. PRESENT:Council Members: Kirk O. Cartozian Keith McCarthy Anne M. Bayer Meredith H. Perkins Rick Trejo Mayor Mayor Pro Tempore ALSO PRESENT:Gerald M. Caton, City Manager Charles S. Vose, City Attorney Joyce E. Doyle, Chief Deputy City Clerk Lee Powell, Assistant City Manager James Makshanoff, Assistant to the City Manager Desi Alvarez, Director of Public Works John Finch, Chief of Police Darrell George, Director of Community & Economic Development Bonnie Kehoe, Director of Community Services John Michicoff, Director of Finance Mark Sauter, Fire Chief Linda Haines, Building Official Ron Yoshiki, Asst. Director of Community Dev./City Planner Steven Yee, Economic Development Coordinator Loren Behr, Executive Director Space Learning Center Susan Domen, Executive Secretary COUNCIL MEMBER ANNOUNCEMENTS Council Member Perkins reported that everything is going according to schedule and under budget on the work being done at the Rio Hondo Clubhouse. Council Member Trejo mentioned an article in the newspaper recently that stated that for the time being they have decided to keep Rancho Los Amigos Hospital open. Council Member Bayer recognized Emergency Preparedness Committee member Lee Ann Sears and Pastor Don Burgess from the First Baptist Church of Downey in the audience. City Council Minutes 02/10/04 -1- O 1 4 6 78 Mayor Pro Tempore McCarthy announced that on Friday, February 13, 2004 at 9:00 a.m. the Lions Club will be doing their annual flag presentation at Carpenter Elementary School. In the evening the Downey Civic Light Opera will be opening the “Music Man” at the Downey Theatre. He had an opportunity on January 28 to attend Catholic School Week at St. Raymonds. He referred to staff a complaint from the Mayor of Santa Fe Springs regarding graffiti on the bridge at Florence Avenue over the 1-5 Freeway and questioning why some barriers were present at this location. He mentioned that he represents the City of Downey and the City of South Gate on the So. California Area of Governments (SCAG) and that they recently issued their annual “Report Card“ which included employment going from a B to a B-; income from a C to a C-; housing remained at a D+; mobility from a D to a D-; air quality from a B- to a C; education remained at D; and safety remained at a B. Mayor Cartozian announced that he attended services at Downey First Baptist Church on Sunday. At this time, Mayor Cartozian announced that the City Council will be adjourning this meeting in memory of U.S. Army Specialist Jason Chappell who was killed in Iraq a few weeks ago. His parents Dave and Kathleen Chappell were in attendance and came forward and received a Certificate of Sympathy from the Mayor. At this time. Mayor Cartozian introduced June Scobee Rodgers, Ph.D., wife of the late Dick Scobee, the commander of the ill-fated Space Shuttle Challenger 51-L Teacher in Space mission. Dr. Scobee Rodgers is the founder of the Challenger Center for Space Science Education which was created in April 1986 by the families of the Space Shuttle Challenger Crew. The Challenger Learning Centers provide space flight simulation, students flying their own missions to space and working together as a team to solve problems. There are now 51 centers worldwide. She explained what the Learning Center will mean to Downey (in regards to Agenda Item # 1 below). ADMINISTRATIVE REPORTS 1.AGREEMENT WITH THE CHALLENGER CENTER FOR SPACE SCIENCE EDUCATION IN THE AMOUNT OF 5825,000 TO PROVIDE A CHALLENGER CENTER AT THE COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER Assistant to the City Manager Makshanoff presented a staff report stating that the approval of tonight’s agreement will start the process of the Challenger Learning Center being built at the Columbia Memorial Space Science Learning Center at the former NASA site. Funding is coming from the $3.6 million grant received from NASA and the Learning Center is currently being designed with hopes of being completed in 2006. It was moved by Council Member Perkins, seconded by Council Member Trejo and unanimously carried to approve an agreement with the Challenger Center for Space Science Education in the amount of $825,000 to provide a Challenger Center at the Columbia Memorial Space Science Learning Center. Following the vote, the City Council signed the agreement along with Dr. Scobee Rodgers and presented her with a mock check. City Council Minutes 02/10/04 014679 PUBLIC HEARINGS 2.APPEAL OF CONDITIONAL USE PERMIT NO. 03-86 FOR PROPERTY LOCATED AT 11022 DOWNEY AVENUE – REQUEST TO ESTABLISH A BANQUET FACILITY WITH VALET PARKING AND LIMITED ENTERTAINMENT AT AN EXISTING BUILDING ON PROPERTY ZONED C3-DP (CENTRAI, BUSINESS DISTRICT-DOWNTOWN PLAN) (APPELLANTS: SHEPHERD DEVELOPMENT AND FIRST BAPTIST CHURCH OF DOWNEY; APPLICANT: MARCOS MORALES, RETAIL PLUS (continued from January 27, 2004). Mayor Cartozian opened the Public Hearing at 8:12 p.m. Chief Deputy City Clerk Doyle announced that supplemental correspondence had been received from Lucinda Baker opposing the project (email dated 02/09/04). It was moved by Council Member Trejo, seconded by Council Member Perkins and so ordered to receive and file. A staff report was given by Assistant Director of Community Development Director/City Planner Yoshiki which included a Power Point presentation showing a location map, a Zoning Map, an aerial photograph, a floor plan and public parking lots in the area. He explained that this is consideration of an appeal to a Conditional Use Permit (“C.U.P.“) which was approved by the Planning Commission on December 17, 2003. The application is to take the former Avenue Theater and basically replace it with a restaurant, bakery and banquet facilities consisting of two-stories and 18,100 square feet. The Avenue Theater had been located on this site, established circa 1920 with a seating capacity of approximately 580. A Downtown Parking Assessment District was established shortly after the City’s incorporation in 1957 to help facilitate the downtown area and to assure that consumers had adequate off-street parking. In 2000, the City Council approved the Downtown Plan overlay zone for the downtown area with the idea to stimulate development and pedestrian oriented tvpe businesses. /-- Assistant Director Yoshiki responded to questions from Council Member Perkins confirming that one of the twenty-four conditions in the C.U.P. is that the employees must utilize the City parking structure. He confirmed the route for the valet service, although not established at this time, will also be approved by the Traffic Engineering Division. Council Member McCarthy inquired if there has been any consideration for a traffic signal at Third Street and Downey Avenue and Assistant Director Yoshiki responded that a traffic warrant would be necessary to require a signal at that intersection. Council Member Bayer inquired if the 300 square foot patio along Downey Avenue would be comparable to what currently exists at two other locations and the response was yes. Robert Ozell, Manhattan Beach, attorney for the applicant, reviewed the goals of the Downtown Overlay Plan adopted in 2000 and how the proposed project facilitates those goals. He referenced the petition submitted at the January 27, 2004 Council meeting which contained 122 signatures supporting the project. He stated that the applicant understands the concerns of the members of the First Baptist Church related to parking issues. The parties have met on at least 2 occasions to address the concerns. The applicant presented a list of five more conditions to add to the City Council Minutes 02/10/04 -3- 014630 C.U.P. and it was distributed to City Council. He reviewed the proposed additional conditions regarding employee parking, a parking regulation flyer, banquet facility operations on Sundays and the valet parking service route. Council Member Perkins inquired as to how they would enforce the second condition on the list. Mr. Ozell responded that they cannot guarantee that no patron would ever park on the Church parking lot but with the posting of the regulations and the distribution of the regulation flyers to patrons this will greatly increase cooperation from the patrons. He indicated that any real enforcement would have to come from the City. Council Member Trej o pointed out that the Church members can just as easily park in the restaurant’s spaces. Mr. Ozell responded that they are looking forward to having a mutually amicable working relationship with their neighbors. Mayor (,-'artozian asked if there had been any discussion of including the parking requirement language in the rental agreements with clients. Mr. Ozell responded that it had not but that they would be willing to provide that. Mayor Cartozian then asked staff which item of the C.U.P. would give the City the right to revoke. Assistant Director Yoshiki responded that the Downey Municipal Code Section 9168 states that the failure of the applicant to comply with the conditions of approval would be a finding to start revocation. Marcos Morales, Downey resident and applicant/owner, stated that they have tried to be sensitive to the church’s concerns and have adjusted their plans accordingly. They are willing to work with and try to find solutions to the concerns. He also stated that they are willing to add the parking regulations to their event contracts. Richard Salyer, Downey, attorney for the appellants, stated that the Church is not opposed to the revitalization of downtown Downey or a restaurant in the old Avenue Theater. He stated the concern of the Church is related to the impact of the proposed use upon the downtown area, particularly upon the parking facilities of the Church and the lack of information provided. The Church is asking that only one condition be placed in the proposed C.U.P., that condition being that no patron of the business located on the property, park on any private property without the prior written consent of the owner. If the applicant consented to this one condition, the appeal would be withdrawn. He referenced Downey Municipal Code Section 9166.12(b) as requiring a finding that the proposed use will not adversely impact the adjoining uses. He stated the applicant should have the burden of regulating their patrons and preventing a detrimental impact upon the adjoining uses. Mr. Salyer raised several additional points including needed parking spaces vs. required parking spaces; parking requirements for restaurants in locations other than in Downtown Overlay Zone; parking requirements in the Downtown Plan; ADA requirements regarding parking spaces and valet service; traffic along Downey Avenue; the grandfather clause being expired for theater use; no traffic and parking study being completed; that Marcos Morales is not the owner of the property and there is no entity known as Retail Plus; that the parking lots are in the exclusive jurisdiction of the Parking Place Commission; that the same requirements for two other applicants are not being required for this applicant; and that the approval of the C.U.P. by the Planning Commission violated California Government Code Section 87100. City Council Minutes 02/10/04 -4- + 014681 Council Member Perkins asked Mr. Salyer if the condition as stated in his opening statement were added, (no patron parking on private property) would the Church withdraw their appeal. Mr. Salyer responded yes, they would. Council Member Perkins suggested that we add that as Item number 25 to the conditions. Mayor Cartozian stated that we should seek our legal counsel’s advice on this and wait until the Public Hearing has been closed. Bruce Leech, Downey resident, addressed the CEQA findings of negative impacts and specifically traffic, parking and cumulative impacts. He requested that a proper traffic and parking study be conducted. Dale Williamson, Downey resident, explained that he reviewed the staff report and feels it is not backed up with sufficient data. He conducted his own personal survey of the area parking availability and does not feel that the parking issues have been adequately addressed. Maryann Lisa Hayes, member of First Baptist Church expressed that the issues of parking to meet the ADA requirements need to be addressed as well as potential liability of the valet service doing damage to a modified vehicle. Grace Eshilian, Downey resident, stated that she has experience with valet parking and feels that it usually requires a lot of staging room which could cause major traffic congestion along Downey Avenue and Third Street. Joann Myers, Downey resident, stated that the congregation of the Church is growing along with parking requirements. She requested that a parking study be done. Brent Canady, Downey resident, feels there is a parking crisis already existing in downtown Downey and that other private parking lots are having vehicles towed or chaining up their lots. Mike Fitz, Downey resident and Church staff member, stated that the Church has worked with many groups in the community in using their facilities and that parking needs to be available to them to provide their ministry services. Job Larra, Downey resident and Pastor at First Baptist Church Church, stated that the Church has a long history of being a part of the changes in Downey and feels that the issues brought up need to be addressed. Robert Thomas Buckles, Downey resident, stated that by looking at the map he cannot see that the theatre has one single parking space. At this time, Mayor Cartozian requested that those opposed to the granting of the appeal come forward to speak. Janice Scott, Downey resident, urged the Council to approve the C.U.P. as this is a business that will be of benefit to Downey and several organizations in the City. Lennie Whittington, Downey resident, requested equal time for the applicant that was given to the appellant. He stated that the parking lot behind the theatre and the parking structure do have handicapped parking spots and feels that to revitalize Downey Avenue you need businesses like this. City Council Minutes 02/10/04 -5- 014682 Maria Larkin, Downey resident and President of Downey Chamber of Commerce, stated that the Chamber is pro business and feels that this is a good project for Downey Avenue. She submitted a petition in favor of the project containing 17 additional signatures. Delores Bacus, Downey resident, stated that she worked on the redevelopment of downtown and supports this project. She explained that the downtown parking structure was built with two extra levels added with the vision that it would be used for the businesses in downtown. Raul Godinas, Downey resident and business owner, stated that we need more businesses like this in Downey so that the citizens and organizations don’t have to go other cities to have events. Janet Gazzas, Downey resident, stated she is glad to see how Downey is growing, becoming more diversified and facilities like this for family events are needed. Robert Ozell, attorney for applicant, reiterated that the applicants are sensitive to the concerns of the Church and congregation and feel that the issues brought forth tonight have been discussed and addressed. They urge the Council to approve the C.U.P. to allow the project to go forward for the benefit of the overall community. It was moved by Council Member Perkins, seconded by Council Member Trejo and so ordered to close the Public Hearing at 10:14 p.m. The meeting recessed at 10:14 p.m. and reconvened at 10:20 p.m. with all Council Members present. City Attorney Vose asked Mr. Salyer if the letter mentioned in his presentation, which was regarding the procedure and hearing before the Planning Commision which was sent to the City Attorney’s office, was to be included as part of this record. Mr. Salyer responded yes. City Attorney Vose clarified that this matter should be considered within its proper context. He explained that with a Conditional Use Permit, the use is proper within the zone, subject to appropriate conditions. The regulations that were adopted within the Downtown Area Plan are applicable to the consideration of this C.U.P. He reviewed the findings required for the adoption of the C.U.P. and advised that the approval of this C.U.P. must be considered within the context of the Downtown Area Plan which was previously properly adopted and not other provisions of the Municipal Code. Mayor Pro Tempore McCarthy thanked everyone who expressed their views. He quoted Robert Schuller on the number one concern in building a church is parking. He stated that whenever he speaks to anyone regarding the downtown area it is always mentioned that we need more restaurants. The parking structure was built and the size increased to create parking for the downtown area. He questioned City Planner Yoshiki on the ADA requirements who responded that they must be met at the time development plans are submitted. Mr. Ozell responded that the applicant would consider the condition set forth by the appellants’ attorney, that no patron park on any private property without prior written consent of the owner of that property, but would need specific language prior to agreement. City Council Minutes 02/10/04 -6- 0,1 46 bg Council Member Trejo stated that the Council has a commitment and vision to the downtown area and this proposal is part of that vision. He supports approving the C.U.P. and working together to come to some resolutions. Council Member Bayer stated her appreciation for everyone who spoke this evening and has concerns that existing businesses have started locking their parking lots. Council Member Perkins stated that a solution was presented by the appellants’ attorney. However, this restriction would have to be required of all businesses in the area. He suggested adding this language as number twenty-five: “no patron shall park on any private property”. Other businesses do not have adequate parking and the public parking facilities are used. He pointed out that valet parking is not a new concept and is used successfully in many cities. He thanked everyone who spoke. Mayor Cartozian stated that the parking structure was made larger and the City took on an increase in cost to build two additional levels for the use by the businesses in downtown. He is concerned with the enforcement of the language presented by the appellants’ attorney. The Council has the discretion to allot parking to the structure for facilities in the area. He received many emails and the issues were mostly parking, not the development or the use of alcohol. He requested confirmation of language being presented and how it would be enforced. City Attorney Vose restated the requested proposed language to be: “employee and patron parking shall not be allowed on private property without the written consent of the property owner“; which would be a very difficult provision to enforce. At this time, it was moved by Council Member Trejo to adopt the Resolution as amended with just the addition of condition number twenty-five as stated. The motion was amended and seconded by Council Member Perkins and is restated below for clarification. Mayor Cartozian inquired of appellants’ legal counsel if the statement that no employee or patron is to park on private property, would include all private properties. Mr. Salyer stated it would mean all private properties and that the five items presented by the applicant tonight would be very helpful. Mayor Cartozian stated that he a problem with the issue of private parking due to the difficulty of enforcement and regulation. Council Member Perkins stated he feels that the appellants’ legal counsel has already addressed these issues and there should not be discussion with him after the Public Hearing is closed. He stated that since there seems to be a problem with the proposed language by the appellants’ legal counsel, that it should be dropped for the matter to go forward with consideration of the five items suggested by the applicant. He stated he would second Council Member’s Trejo motion if he would agree to the amendments. The meeting was recessed at 11:02 p.m. and reconvened at 1 1 :06 p.m. with all Council Members present. City Council Minutes 02/10/04 -7- o 1 4 684 Mayor Cartozian requested City Attorney Vose to restate the motion. He responded that he understands the proposed motion to be: “to adopt the proposed Resolution with the additional language of conditions 1,2,3,4 and 5 that have been submitted, with the change to Item # 1 to read: Applicant will require that its employees park only on the top levels of City parking lots where no time limits are imposed”. He further stated that these conditions will be blended into the Resolution. RESOLUTION NO. 6734 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING AN APPEAL AND APPROVING A CONDITIONAL USE PERMIT TO DEVELOP A BANQUET FACILITY WITH VALET PARKING AND LIMITED ENTERTAINMENT AT AN EXISTING BUILDING ON PROPERTY AT 11022 DOWNEY AVENUE, ZONED C3-DP (CENTRAL BUSINESS DISTRICT- DOWNTOWN PLAN), as amended. Chief Deputy City Clerk Doyle read the title of the Resolution. It was moved by Council Member Trej o, seconded by Council Member Perkins and carried by the following vote to adopt the Resolution as amended with the additional language of conditions 1,2,3,4 and 5 that have been submitted, with the change to Item # 1 to read: Applicant will require !hat its employees park only on the top levels of City parking lots where no time limits are imposed. AYES: McCarthy, Perkins, Trejo, Mayor Cartozian NOES: Bayer It was moved by Council Member Perkins, seconded by Council Member Trejo and unanimously carried to waive further reading of the Resolution as amended. ORAL COMMUNICATIONS Lennie Whittington, Downey resident, stated that he was speaking on behalf of the merchants at Myrtle and Nance Streets who wished to extend their appreciation for installing the signs restricting parking and the parking enforcement efforts being made. He feels that no citizen should be criticized or told they are wrong when speaking at a Public Hearing. He mentioned that items that took place tonight at the beginning of the meeting were not on the agenda or properly posted and therefore improper. City Manager Caton inquired as to which items Mr. Whittington was referring to. Mr. Caton stated that both the adjournment in memory of Jason Chappell and the agreement with the Challenger Center for Space Science Education were on the agenda. Delores Bacus, Downey resident, congratulated the Council for decisions on tonight’s issues. City Council Minutes 02/10/04 -8- 014685 PUBLIC HEARINGS – cont. 3.PROPOSED DOWNEY MUNICIPAL CODE AMENDMENT RE: ALLOWING WIRELESS COMMUNICATIONS FACILITIES ON CERTAIN BUILDINGS ON PROPERTY ZONED R-3 (MEDIUM DENSITY MULTIPLE-FAMILY RESIDENTIAL). Mayor Cartozian opened the Public Hearing at 1 1:17 p.m. Chief Deputy City Clerk Doyle affirmed receipt of the Proof of Publication. It was moved by Council Member Perkins, seconded by Mayor Pro Tempore McCarthy and so ordered to receive and file. A staff report was presented by Assistant Director Yoshiki which included a Power Point presentation. He explained that this is a Municipal Code amendment to allow cell antennas within the City in the R-3 and R-3-O zones on non-residentially developed properties only. He showed slides of the areas included and an example of an installation on a church steeple. Mayor Pro Tempore McCarthy confirmed that the antennas would be masked or blended into the appearance of the structure. In response to Mayor Canozian, Assistant Director Yoshiki confirmed that this requires a Conditional Use Permit and Design Review. Courtney Schmidt, Sprint PCS Representative stated that the facilities would be able to be used by up to three carriers on a structure. Mayor Pro Tempore McCarthy inquired if a new carrier came into the area would they be able to handle five carriers instead of three. Ms. Schmidt replied that it would be depend on the actual height of the structure and the size of the structure. He also inquired as to the physical dimensions of the antennas and was informed that they are approximately 8 – 12 inches wide by 12 – 36 inches long by 2 inches in depth. It was moved by Council Member Perkins, seconded by Council Member Trejo and so ordered to close the Public Hearing at 1 1 :26 p.m. ORDINANCE NO. (1NTRODUCE) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A DOWNEY MUNICIPAL CODE AMENDMENT TO ARTICLE IX, CHAPTER 1, SECTION 9114 (MEDIUM DENSITY MULTIPLE-FAMILY RESIDENTIAL) RELATING TO WIRELESS COMMUNICATION FACILITIES. Chief Deputy City Clerk Doyle read the title of the Ordinance. It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Perkins and unanimously carried to waive further reading and introduce. City Council Minutes 02/10/04 -9- 014686 CONSENT CALENDAR It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Perkins and unanimously carried to waive further reading of the Resolutions and approve the Consent Calendar in its entirety as recommended: 4.COUNCIL MINUTFS: ADJOURNED REGULAR MEETING, JANUARY 27, 2004: Approve. 5. 6. COUNCIL MINUTES: REGULAR MEETING, JANUARY 27, 2004: Approve. CASH CONTR\ C-T # S.S. 522 – LAKEWOOD BOULEVARD TRAFFIC SIGNAL COMMUNICATION: APPROVE PLANS/SPECIFICATIONS AND GRANT AUTHORITY TO ADVERTISE FOR BIDS, contingent upon funding approval by the California Transportation Commission and the Metropolitan Transportation Authority: Approve. '1l•(-ASH CONTR\CT # S.S. 533 – FIRESTONE BOULEVARD TRAFFIC SIGNAL SYNCHRONIZATION PROJECT: APPROVE PLANS/SPECIFICATIONS AND GRANT AUTHORITY TO ADVERTISE FOR BIDS: Approve. 8.WARR\NTS ISSUED: 192244 – 192643; WIRE NUMBERS 197-198, 30000739-750; $2,490,679.38: Approve. 9.A(,REFMENT WITH LOS ANGELES COUNTY OFFICE OF EDUCATION IN THE AMOUNT OF $100,000 FOR THE CREATION OF A CURRICULUM DESIGNATED TO TEACH STANDARDS BASED SCIENCE TO STUDENTS IN DIRECT SUPPORT OF THE COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER EDUCATIONAL INITIATIVES: Approve. 10.SET PUBLIC HEARING FOR FEBRUARY 24, 2004, FOR AN APPEAL OF THE REVOCATION OF ZONE VARIANCE #660, WHICH REVOKED THE ENTITLEMENT THAT ALLOWED JOHNIE’S BROILER TO EXCEED THE SIGN REQUIREMENTS, ON PROPERTY LOCATED AT 7447 FIRESTONE BOULEVARD (OWNER/APPLICANT: CHRISTOS SMYRNIOTIS; APPELLANTS: L. A. CONSERVANCY, DOWNEY HISTORICAL SOCIETY AND FRIENDS OF JOHNIE’S BROILER): Approve. 11.AGREEMENTS TO PURCHASE RIGHT-OF-WAY EASEMENTS FOR LAKEWOOD BOULEVARD IMPROVEMENT PROJECT: AGREEMENT WITH MS. SAMEIRA MIKHAEL FOR A PERMANENT ROADWAY EASEMENT FROM THE PROPERTY LOCATED AT 8742 MEADOW ROAD, FOR AN AMOUNT NOT TO EXCEED $18,000 AND AN AGREEMENT WITH CARSTEN CO. AND HINO-8, LLC FOR A PERMANENT ROADWAY EASEMENT FROM THE PROPERTY LOCATED AT 11837 LAKEWOOD BOULEVARD (LIQUOR STORE PLAZA), FOR AN AMOUNT NOT TO EXCEED $20,000: Approve. City Council Minutes 02/10/04 -10- (114 G'S 7 12.RE-APPROPRIATION OF $15,000 FOR CONTRACT WITH PAUL DE TILLA FOR CREATION OF A DIGITIZED CITY BOUNDARY FOR THE CITY GEOGRAPHIC INFORMATION SYSTEM (GIS): Approve. 13.LAKEWOOOD BOULEVARD IMPROVEMENT PROJECT: EXPAND SCOPE OF SERVICES RELATING TO A GENERAI / PLAN AMENDMENT AND ZONING PLAN: APPROVE ADDITIONAL WORK UNDER THE EXISTING AGREEMENT WITH EDAW, INC. FOR AN AMOUNT NOT TO EXCEED $27,450: Approve. 14.ORDINANCE NO. 1158 (ADOPT) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE. ARTICLE IX. CHAPTER 1. RELATED TO CERTAIN SECTION PERTAINING TO USED CAR AND TRUCK SALES/DISPLAY LOTS AND OFFICES. ADMINISTRATIVE REPORTS – cont. 15.CIVIC CENTER’S 20TH ANNIVERSARY OPEN HOUSE CELEBRATION (APRIL 22, 2004): COSTS ASSOCIATED WITH STAFF TIME AND MATERIALS TO ASSIST THE DOWNEY SECOND CENTURY FOUNDATION IN PLANNING, A staff report was presented by Assistant to the City Manager Makshanoff describing the proposed open house activities and requesting that $5,700 be appropriated for this eve11t. Council Member Perkins inquired what the City would be getting for the requested funds and it was explained that the majority of the costs would be in staffs time and materials such as the Police Department fingerprinting children, the Fire Department with an engine on display, mailing and printing of brochures. Attendance of 200-400 is expected at the event to be held on April 22, 2004 from 3:00 p.m. – 7:00 p.m. at City Hall. Council Member Bayer asked why the City was paying for this event rather than the organization and was informed that the cost for the City is for the staffing, overtime and printing. It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Perkins and approved by the following vote to authorize the City Manager to commit the necessary staff and materials to assist the Downey Second Century Foundation in planning for the Civic Center’s 20th Anniversary (appropriation of $5,700). AYES: McCarthy, Perkins, Trejo, Mayor Cartozian NOES: Bayer OTHER BUSINESS – Staff Comments: City Manager Caton mentioned that he had escorted the Director of the Johnson Space Center and immediate staff through the site for the Columbia Space Science Learning Center today and received glowing compliments. City Council Minutes 02/10/04 -11- 0146,3 S COUNCIL MEMBER ANNOUNCEMENTS – cont. : Council Member Trejo requested that staff look into the parking issues on the weekends at Downey High School. The access from Brookshire has now totally been closed. He announced that the groundbreaking for the Kaiser Hospital is to take place on February 27, 2004. Council Member Bayer thanked staff for staying late at tonight’s meeting and announced she will be attending the Citizen’s For Downey meeting at 7:00 a.m. tomorrow morning. ADJOURNMENT: 11 :40 p.m. The meeting adjourned in memory of U.S. Army Specialist Jason Chappell, son of Dave and Kathleen Chappell, parishioners of the First Baptist Church in Downey, who was killed while serving in Iraq, to 6:30 p.m., February 24, 2004, in the Council Chamber of Downey City Hall IE JOYQ E. DOYLE , Chief Deputy City Clerk City Council Minutes 02/10/04 -12-