HomeMy WebLinkAboutMinutes - 07-12-05 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
JULY 12, 2005
Ul 5015
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:33 p.m., July 12, 2005, in the Council Chamber of the Downey City
Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairman Anne M. Bayer presiding.
PRESENT: Council Members/Commissioners:
Anne M. Bayer
Meredith H. Perkins
Rick Trejo
David R. Gafin
Kirk O. Cartozian
Mayor/Chairman
Mayor Pro Tem/Vice-Chairman
Absent (excused)
ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director
Charles S. Vose, City Attorney/Economic Development Director
Lee Powell, Assistant City Manager
James Makshanoff, Deputy City Manager
Kathleen L. Midstokke, City Clerk/Secretary
NON-AGENDA PUBLIC COMMENT: No one came forward to speak.
APPROVAL OF CLOSED SESSION MNUTES
It was moved by Mayor Pro Tem/Vice-Chairman Perkins, seconded by Council
Member/Commissioner Cartozian and unanimously carried (4/0) to approve the Closed Session
Minutes of June 28, 2005.
RECESS TO CLOSED SESSION
Mayor/Chairman Bayer 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:
1.
2.
3.
Government Code Section 54956.8(b) – Conference with real property negotiator Charles S.
Vose re: property at 9255 Imperial Highway; negotiating party: Spartan Lacquer and Paint
Corp.; under negotiations: price and terms of payment.
Government Code Section 54956.8(b) – Conference with real property negotiator Charles S.
Vose re: property at 8350 Firestone Boulevard; negotiating party: 3637 Tweedy, LLC;
under negotiations: price and terms of payment.
Government Code Section 54957.6 – Conference with labor negotiator Lee Powell re:
direction for labor negotiations with Police Officers’ Assn. and Police Management Assn.
City Council/Community Dev. Comm. Minutes (adj.) 07/12/05 -1 -
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RECONVENED
The meeting reconvened in Open Session at 7:30 p.m. ®th all Council Members/
Commissioners present. There were no Closed Session actions to report.
The meeting recessed at 7:30 p.m.
The meeting reconvened at 10:04 p.m. Wth all Council Members/Commissioners present.
ADJOURNMENT: 10:04 p.m.
(
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ANNE M. BAYER, Mayor/ChaiRman
W/P/4) W'
KATHLEEN L. MIDSTOKKE, City Clerk/Secretary
City Council/Community Dev. Comm. Minutes (adj.) 07/12/05 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JULY 12, 2005
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Presentations
Pub. Hrg. Appeal of Denial ofZV #05-56 – 12142 Dunrobin;
Oversized Driveway
Appeal of Approval of CUP #05-40 & ZV #05-41; 8801
Lakewood Blvd. for Proposed Gasoline Station
Continued
08/09/05
1
2Approved
Appeal
Non-Agenda Public Comment
Consent Calendar – Items for Removal
Council Minutes: Reg. & Adj. Mtg. 06/28/05
Warrants: # 205315-205690; Wire Nos. 30001039-30001046:
$3,156,255.71
4
4
4
4
4
Approved
Approved
Appropriation of $1,684.50; CA Dept. of Ed, 21st Century Comm. Approved
Learning Centers Core Grant
Reso. #05-6862 – Finance Dept. Records Destruction Adopted
Reso. #05-6863 – Modify Salary Ranges; Secretaries to City Mgr. Adopted
City Council and Police Chief
4
5
5
5
6
7
7
7
8
Reso. #05-6864 – Integrated Regional Water Mgmt. Grant
Review Public Arts Draft Ordinance
Adopted
Input
Mayor
Appointed
Approved
Creation Ad Hoc Subcommittee: Bldg. of Large 2 Story
Single Family Homes in the R- 1 Zones
Downey Chamber of Commerce Annual Services Agreement
Council Member Announcements/Requests for Future Agenda Items
Staff Member Comments
Adjournment
U 1 $ 0 1 ';
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JULY 12, 2005
The City Council of the City of Downey held a Regular Meeting at 7:32 p.m., July 12, 2005, in
the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor
Anne M. Bayer presiding.
PRESENT:Council Members:
Anne M. Bayer
Meredith H. Perkins
Rick Trejo
David R. Gafin
Kirk O. Cartozian
Mayor
Mayor Pro Tem
Absent
ALSO PRESENT:Gerald M. Caton, City Manager
Charles S. Vose, City Attorney/Economic Development Director
Kathleen L. Midstokke, City Clerk
Lee Powell, Assistant City Manager
Desi Alvarez, Director of Public Works
John Finch, Chief of Police
Linda Haines, Director of Development Services
Bonnie Kehoe, Director of Community Services
James Makshanoff, Deputy City Manager
John Michicoff, Director of Finance
Mark Sauter, Fire Chief
Ron Yoshiki, City Planner
Susan Domen, Executive Secretary
PRESENTATIONS:
Mayor Bayer presented the Mayor’s Award for Service to the City to David Chavez, Water
System Lead Operator.
Mayor Bayer presented a Proclamation declaring the month of July as Parks and Recreation
month to Craig Schwert and Mark Vasquez, members of the Recreation and Community Service
Commission .
Mayor Bayer presented a Proclamation declaring July 13, 2005 as International Barbershop
Music Appreciation Day to members of the Sweet Adelines group and the members present sang
the national anthem.
PUBLIC HEARING;
1.APPEAL OF DENIAL OF ZONE VARIANCE # 05-56 FOR OVERSIZED DRIVEWAY AT
12142 DUNROBIN AVENUE (APPELLANT: RICHARD NELSON): Recommendation:
Open and continue Public Hearing to August 9, 2005 at appellant’s request: Development
Services
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Mayor Bayer opened the Public Hearing at 7:45 p.m. City Clerk Midstokke affirmed receipt
of the Proof of Publication. It was moved by Council Member Cartozian, seconded by Mayor Pro
Tem Perkins and so ordered to receive and file.
There being no one coming forward to speak, it was moved by Council Member Gafin,
seconded by Council Member Cartozian and so ordered, to continue the Public Hearing to
August 9, 2005 at 7:30 p.m.
2.APPEAL OF APPROVAL OF A CONDITIONAL USE PERMIT AND A ZONE VARIANCE
FOR A COMBINATION GASOLINE SALES/CONVENIENCE MARKET/TAKE OUT
RESTAURANT AT 8801 LAKEWOOD BOULEVARD (APPELLANT: MAROUN
BOUTROUS) : Development Services.
A.ADOPT RESOLUTION NO. 05- , A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY DENYING THE APPEAL AND APPROVING CONDITIONAL
USE PERMIT NO. 05-40 FOR A COMBINATION GASOLINE FUEL
SALES/CONVENIENCE MARKETrrAKE-OUT RESTAURANT ON PROPERTY
LOCATED AT 8801 LAKEWOOD BOULEVARD AND CERTIFYING A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT.
B.ADOPT RESOLUTION NO. 05- , A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY DENYING THE APPEAL AND APPROVING ZONE
VARIANCE NO. 05-41 ON PROPERTY LOCATED AT 8801 LAKEWOOD
BOULEVARD AND CERTIFYING A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT.
Mayor Bayer opened the Public Hearing at 7:46 p.m. City Clerk Midstokke affirmed receipt
of the Proof of Publication. It was moved by Council Member Cartozian, seconded by Council
Member Gafin and so ordered to receive and file.
City Planner Yoshiki presented a Power Point presentation explaining the history of the
property and the proposed usage. He explained there were three applications for this project and
that the tentative subdivision map had not been appealed. He noted that staff had worked diligently
on the design process of the proposed station. The Planning Commission had granted several
variances that had been evaluated and determined they would not impact the surrounding area to a
great extent. They include: reduced rear yard building setback, increased driveway access widths
and less than the required distance to another gas station.
Ahmad Ghaderi, A & S Engineering, representing appellant, stated that he has reviewed the
plans that were approved and has found several issues with the proposed project on this site. The
total square footage of the site, the traffic congestion due to design of site, the distance of the pumps
from one another being too close, the location of the fuel tanks being next to the driveway, the
parking spaces allotted for customers and employees being far short of needs and the rear yard set-
back reduction. He requested that the Planning Commissions approval be overturned and the
applicant return to staff for further development of the plans.
Council Member Cartozian clarified that the appellant was a competing gas station that is
located nearby and asked what the concerns were other than the obvious. Mr. Ghaderi responded
that the flow of the design is not leaving enough room for vehicles to maneuver and would cause
major traffic congestion.
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Mauron Boutros, Shell Gas Station Owner, explained that prior to building his station he
checked the local area and went to the City regarding this property and inquired if a station could go
there and was told no it is too small. He also clarified that his station does have the required fifteen
foot (15’) setback.
The following residents spoke in opposition to this project:
L.R. Davis
Ruben Garza
Norma Gomez
Mark Carpenter
Julie Gardner
Rosalie Carpenter
Bob Goldstein, resident of Downey, noted that there is a bus stop on the southwest corner of
this project and there are three other gas stations located nearby.
James Caiopoulos, Galaxy Oil Co., applicant, noted there were several other representatives
from Galaxy Oil and the project in attendance. He stated that the intent of the project is to enhance
the area and every effort has been made in the design of the site to alleviate negative impact to the
surrounding neighborhood.
Harry Heady, Heady Design and Associates, designer for the applicant, mentioned he has
worked with staff very closely in designing this project and many concessions have been made to
address the staff and public’s concerns. He noted that he has worked on many projects with Galaxy
Oil and they have many sites that are maintained very well.
Johnathon Leavy, Traffic and Civil Engineer with Darnell and Associates, explained that he
has worked considerably on this project with staff which has resulted in the best design for traffic
flow through the site.
There being no further speakers, it was moved by Council Member Gafin, seconded by
Council Member Cartozian and so ordered to close the Public Hearing at 8:31 p.m.
Council Member Cartozian inquired if the only exit is from the alley and was told that there is
also an exit in the driveway at Telegraph Road. He asked if the current wall separating the property
from the alley would be removed and if it is part of the on-site circulation plan. City Planner Yoshiki
responded that the current curbs would be redesigned and that the alley is only a point of ingress
and egress. He inquired whether the proposed Conditional Use Permit (CUP) is allowing 24 hour
operations and was informed that the station would be closed between 11 p.m. and 6 a.m. He
further inquired if there were restrictions on the hours of fuel delivery and was told they could not be
made between the hours of 9 p.m. and 7 a.m. Staff confirmed that the proposed project would
include twelve fueling stations and that the design is consistent with the ongoing Lakewood
Boulevard project.
Council Member Gafin asked for clarification regarding the statement that there was not
enough room between the pumps for the cars to maneuver around each other and was told that is
common if the cars are stacked up. He then asked how cars would be able to exit north onto
Lakewood Boulevard without using the alley and was informed that there is room to turn around and
use the Telegraph Road exit, however, it is a public alley and there would be some usage of it.
Mayor Pro Tem Perkins clarified that the carwash is supposed to close at 10 p.m. or 1 1 p.m.
and should not be operating all night. He stated concerns about the turning radius on the entrance
from Lakewood Boulevard, the parking for employees, and the traffic congestion. He noted that if
we are always granting exceptions, then perhaps the law needs to be changed.
City Council Minutes 07/1 2/05 -3-
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Council Member Cartozian reiterated that there are some major concerns at this site and
instead of destroying the project, he would support it going back to staff for clean-up to look at hours
of operation and hours of fuel deliveries.
It was moved by Council Member Gafin, seconded by Mayor Pro Tem Perkins and
unanimously carried (4/0) to approve the appeal, deny the project and return with a Resolution
supporting the Council’s findings.
Prior to the vote, Council Member Cartozian asked for clarification if this motion would allow
for the project to be returned to staff to redesign and was informed that no, it would be the end of
this application and process and the applicant would have to submit another application.
NON-AGENDA PUBLIC COMMENT:
The following people spoke regarding the issue of large single family homes in the R-1 areas
(mansionization) and requested that the current Zoning Code be enforced:
Elsa Van Luven, resident of Downey
Russell Rankin, resident of Downey
Marta Patel, resident of Downey
George Redfox, resident of Downey, and submitted petitions with 193 signatures requesting
neighborhood preservation and to stop the mansionization of Downey.
Lennie Whittington, resident of Downey, stated that Council Members should declare if they
have a conflict of interest on items.
CONSENT CALENDAR – ITEMS FOR REMOVAL:
6.APPROVE AGREEMENT WITH THE DOWNEY CHAMBER OF COMMERCE, 2005-2006
FISCAL YEAR, FOR $24,500 TO PROMOTE THE WELFARE AND GROwrH OF THE
CITY: Economic Development. This item was removed at the request of Mayor Bayer and
is listed under Other Business below.
CONSENT CALENDAR:
It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Perkins and
unanimously (4/0) carried to approve the Consent Calendar items as recommended:
3.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings June 28,
2005: City Clerk.
4.APPROVED WARRANTS ISSUED: Nos. 205315-205690; Wire Nos. 30001039-30001046;
in the total amount of $3,156,255.71 : Finance.
5.APPROVED APPROPRIATION OF $1,684.50 FROM THE CALIFORNIA DEPARTMENT
OF EDUCATION TO AUGMENT THE EXISTING 21 ST CENTURY COMMUNITY LEARNING
CENTERS CORE GRANT: Community Services.
7.ADOPTED RESOLUTION NO. 05-6862, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE
RECORDS OF THE FINANCE DEPARTMENT: Finance.
City Council Minutes 07/1 2/05 -4-
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8.ADOPTED RESOLUTION NO. 05-6863, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY MODIFYING THE SALARY RANGES OF THE SECRETARY TO THE
CITY COUNCIL, SECRETARY TO THE CITY MANAGER, AND SECRETARY TO THE
POLICE CHIEF: Administration.
9.ADOPTED RESOLUTION NO. 05-6864, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE suBMirrAL OF AN APPLICATION FOR AN
INTEGRATED REGIONAL WATER MANAGEMENT IMPLEMENTATION GRANT
PURSUANT TO CHAPTER 8 OF THE WATER SECURITY, CLEAN DRINKING WATER,
COASTAL AND BEACH PROTECTION ACT OF 2002 (PROPOSITION 50): Public Works.
ADMINISTRATIVE REPORTS:
10.REVIEW OF PUBLIC ARTS DRAFT ORDINANCE AND DEVELOPMENT OF A PUBLIC
ARTS COMMITTEE: Administration.
Deputy City Manager Makshanoff presented a brief staff report stating that the subcommittee
has met several times, developed draft language for an Ordinance and is requesting input from the
Council and the public before bringing forth a final version.
Council Member Cartozian noted the highlights that were listed in the staff report stating that
the goal of the program would be to increase the public’s awareness of fine art by requiring an
assessment on all commercial and residential (four or more units) construction valued greater than
$500,000 at a rate of one percent (1 %) not to exceed $150,000. The committee would assist the
developers in selecting appropriate art pieces and managing the Public Arts Fund. He asked for
input from the Council and the public and thanked those who have been involved in this process.
Harold Tseklenis, resident of Downey, noted that the draft language of the proposed
Ordinance is a good start and it should be reviewed against the General Plan for consistency. It
should also address and support other aspects of arts and culture in the community.
Lennie Whittington, resident of Downey, stated that he feels that general members of the
public should be involved in the committee in addition to members of the listed groups. He was
informed that it is not a requirement to be a member of one of those groups to become an appointed
member on the committee.
George Redfox, resident of Downey, noted that having Public Art is very important to a city
as it changes how the city is represented in the area and tends to promote higher end businesses to
open in the area.
Bob Goldstein, resident of Downey, requested clarification on residential requirements of
having to participate in the Public Arts and was informed that on a development of four or more
units, of a value of $500,000 or greater, a 1% assessment would be charged. They might either put
in an appropriate piece of art or they could place the amount into the Public Arts Fund for the City to
use on other projects. The piece of art would have to remain accessible to public view.
Council Member Gafin raised a concern with the language in the proposed Ordinance stating
“that the Committee and City Council make recommendations on all matters concerning activities
involving the Downey Symphonic Society, the Downey Civic Light Opera, the Downey Museum of
Art, the Downey Aerospace Legacy Foundation, the Downey Historical Society and the Downey Art
League”. These are all independent non-profit organizations and the Council would be overstepping
their bounds in telling them anything in regards to the running of their activities. He stated that the
City is always there for any group with their support.
City Council Minutes 07/1 2/05 -5-
015622
Harold Tseklenis suggested the wording be changed to say “support, encourage and foster
community cultural groups”.
City Manager Caton suggested removing the naming of any specific groups and make it
more generIC.
Lennie Whittington corrected a previous statement that the Council does not provide for
financial assistance to all of the named groups.
Council Member Cartozian clarified that the maintenance responsibility of the Public Art
would be maintained by the developer of the property and any art on City property or developed
from the fund would be maintained by the City.
City Manager Caton thanked everyone for their input and said that staff would work on the
Ordinance to bring forth for Council approval.
OTHER BUSINESS:
11.CONSIDER CREATION OF AN INTERIM AD HOC CITY COUNCIL SUBCOMMiTrEE RE:
BUILDING OF CERTAIN TWO STORY SINGLE FAMILY HOMES IN THE R-1 ZONES OF
THE CITY: Council Member Cartozian.
Council Member Cartozian stated that this is a divisive issue and he sees that there are five
issues that should be addressed: Floor Area Ratios (FAR), setbacks of buildings, on-site parking
requirements including garage and driveway, second story development and architecture. He would
like to have a subcommittee formed appointing himself and one other Council Member to work with
staff on addressing these issues and the correct language that should be in the Code. He stated he
was against the moratorium because it was too drastic to stop all types of that building while
studying this issue.
Mayor Pro Tem Perkins requested that the Mayor appoint Council Member Cartozian and
Council Member Gafin to serve on this committee.
Harold Tseklenis, resident of Downey, stated that he hoped the subcommittee could find the
language to implement the Code as currently written. He felt that the Council should promote
neighborhood associations to help deal with the issues and that this should be worked on quickly.
Betty Logan, resident of Downey, inquired as to how long it would take for the committee to
come back, suggested a moratorium be in place until this is done and to allow citizens to serve on
this committee as well.
Council Member Cartozian explained that the Council had already voted on the moratorium
issue and it was defeated. He continued that by adding citizens to the committee would only cause
the item to be prolonged and the Council wished for it to be worked on expeditiously.
City Attorney Vose clarified that by State law there is a procedure that must be followed in
regards to amending the Code which includes Public Hearings where the public is allowed to voice
their opinions. Currently the matter is before the Planning Commission and the Design Review
Board which is made up of citizens. This subcommittee is being formed to work with staff to
expedite the issue coming back before the Planning Commission.
Mario Guerra, resident of Downey, noted that this is a divisive issue and we need to maintain
respect for both sides. He requested that everyone exhibit decorum, not attack staff and to debate
the issues fairly.
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015 V 23
Mayor Bayer appointed Council Members Cartozian and Gafin to work with staff on an
interim subcommittee and to bring the item forward as expeditiously as possible.
OTHER BUSINESS:
CONSENT CALENDER – ITEMS REMOVED BY COUNCIL APPROVAL:
6.APPROVED AGREEMENT WITH THE DOWNEY CHAMBER OF COMMERCE, 2005-2006
FISCAL YEAR, FOR $24,500 TO PROMOTE THE WELFARE AND GROWTH OF THE
CITY: Economic Development.
Mayor Bayer requested a report from the Chamber of Commerce on the usage of the funds.
It was moved by Council Member Gafin, seconded by Council Member Perkins and
unanimousBy (4/0) carried to approve the agreement with the Downey Chamber of Commerce
for the Fiscal Year 2005-06.
OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items:
Council Member Cartozian expressed that he looks forward to working with staff and Council
Member Gafin on the new subcommittee as soon as possible.
Council Member Gafin indicated that he is looking forward to working with Council Member
Cartozian on the mansionization subcommittee to speed up the process.
Mayor Pro Tem Perkins expressed that he does not need to defend his vote on prior issues
and that he considers the views of all sides involved; he further stated that it is wrong to criticize
individual staff members, who take direction from the City Council; he mentioned receiving a letter
on July 5th from an attorney (re: Downey Regional Medical Office Building) requesting to be on the
Council agenda, and then on July 7th it being withdrawn, and that the item had already been on an
agenda previously; he referenced an advertisement in a local newspaper wherein Downey Regional
Medical Center states that they are working with the City to establish ambulance run boundaries and
that the entire City should be able to use the emergency room with no limit on boundaries; and
announced that tomorrow Council Member Gafin will be giving a presentation to the Downey
Chamber of Commerce City Affairs Committee.
Mayor Bayer announced that tomorrow morning Citizens for Downey will have guest speaker
Darrell Jackson at the Rio Hondo Event Center; and that Unity in the Community will be having there
2"d annual picnic next Saturday at Treasure Island park.
STAFF MEMBER COMMENTS:
City Manager Caton noted that in being involved with City Council meetings for thirty years
now, they are indeed a civics lesson every time; and mentioned that even though persons may
disagree on policy, the integrity of individual staff members is above reproach.
City Council Minutes 07/1 2/05 -7-
ADJOURNMENT: 10:04 p.m.
The meeting adjourned to 6:30 p.m., Ju
Hall
ly 26 2005 in the Council Chamber of Downey City
/
)VJ L
KATHLEEN L. MIDSTOKKE, City Clerk ANNE M. BAYER, Mayo a
City Council Minutes 07/12/05