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HomeMy WebLinkAboutMinutes - 10-11-05 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING OCTOBER 11, 2005 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:31 p.m., October 11, 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 ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Kathleen L. Midstokke, City Clerk/Secretary NON-AGENDA PUBLIC COMMENT: No one came forward to speak. APPROVAL OF CLOSED SESSION NINUTES It was moved by Mayor Pro Tem/Vice-Chairman Perkins, seconded by Council Member/Commissioner Trejo and unanimously carried to approve the Closed Session Minutes of September 27, 2005. RECESS TO CLOSED SESSION Mayor/Chairman Bayer announced the Council/Commission is recessing to Closed Session (6:32 p.m.) to discuss matters under the authority of the following sections of the Government Code: 1.Government Code Section 54956.8(b) – Conference with real property negotiator Charles Vose re: 12000 Lakewood Boulevard; negotiating party: Downey Landing LLC; under negotiations: price and terms of payment. RECONVENED The meeting reconvened in Open Session at 7:27 p.m. Wth all Council Members/ Commissioners present. There was no Closed Session action to report. The meeting recessed at 7:27 p.m. The meeting reconvened at 9:50 p.m. Mth all Council Members/Commissioners present. ADJOURNMENT: 9:50 p.m. q4M/aDV.lyl£MMdb ') ANNE M. BAYER, Mayo@ airmanKATHLEEN L. MIDSTOKKE, City Clerk/Secretary City Council/Community Dev. Comm. Minutes (adj.) 10/1 1/05 -1 - MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING OCTOBER 1 1 , 2005 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Presentations ZC # 05-75, Property @ 11610 Lakewood Blvd. ZC # 05-77, Prop. @ 8121-23 Conrad St. & 8118-32 Orange St. Introduced Reso. #05-6878; Denial of Appeal ZC #05-67, Prop. Located @ 9553-57 Firestone Blvd . Non-Agenda Public Comment Introduced 1 2 3Adopted 4 5 5 5 5 5 5 5 5 5 6 6 6 7 7 Consent Calendar – Items for Removal Council Minutes: Reg. & Adj. Mtg. 09/27/05; Spec. Mg. 10/5/05 Warrants: # 207640-207968 Wire Nos. 266-267: 30001090- 30001092; 30001098-1 1 02: $2,454,399.44 Appropriate $305,000 for Acquisition of Prop. 9255 Imperial Hwy. Approved Letter of Financial Commitment to Arizona Pipeline, $214,000 Approved Agrmt. w/APA Engineering, Inc., Stewart & Gray Rehabilitation Approved Interstate 5 Consortium JPA Amendment Approved Approved Approved Adopted Adopted Approved Approved Approved Appropriate $12,200; AC Compressor, Theatre Monument Sign/Encroachment Permit, 8532 Firestone Blvd. Reso. #05-6879 - SCE Easement, 12408 Lakewood Blvd. Ord. #05-1 178 - ZC # 0561, 13238-13242 Cabell Ave. Downey Landing Store Openings before Stewart & Gray street improvements Council Member Announcements/Requests for Future Agenda Items Adjournment MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING OCTOBER 11, 2005 The City Council of the City of Downey held a Regular Meeting at 7:29 p.m., October 1 1 , 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 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 John Finch, Police Chief 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 William Davis, Business Development Manager Ron LeVar, Building Official Brian Ragland, Deputy Director of Public Works Christine Rojas, Associate Planner Mark Sellheim, Principal Planner Susan Domen, Secretary to the City Clerk PRESENTATIONS: Mayor Bayer presented a Proclamation declaring Breast Cancer Awareness Month, October; and End Domestic Violence Month, November to Ellie Eck, President of Soroptimist. Mayor Bayer presented a Proclamation for the University of Southern California's 125th Anniversary to Aghi Afarinish, a Masters graduate and a former Intern for the Fire Department. PUBLIC HEARINGS: 1.ZONE CHANGE NO. 05-75, A REQUEST TO CHANGE ZONING FROM C-2/P-B TO C-P FOR PROPERTY AT 11610 LAKEWOOD BOULEVARD: Development Services. A. INTRODUCED ORDINANCE NO. 05- . 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 THE PROPERTY AT 11610 LAKEWOOD BOULEVARD FROM GENERAL COMMERCIAL (C-2) AND PARKING BUFFER (P-B) TO PROFESSIONAL OFFICE (C-P). City Council Minutes 10/1 1/05 -1- Mayor Bayer opened the Public Hearing at 7:35 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tem Perkins, seconded by Council Member Trejo and so ordered to receive and file. A Power Point report was presented by Principal Planner Sellheim explaining the history of the property and the applicants proposed usage of the property. He noted that the property has fallen into disrepair since Stats closed. Mayor Pro Tem Perkins inquired if the primary reason for rezoning is to build a church and school and was informed that yes, the plans do show a church and school. Pastor Don Metcalf, of Desert Reign Assembly, explained the history of his church and that the plans include a pre-school to hold approximately 100 children. He stated that they already have a school facility in Bellflower which will remain open after the building of the church. Council Member Cartozian asked how the decision to allow this type of zoning came about and Principal Planner Sellheim explained that the General Plan’s Vision 2025 has made the current zoning inconsistent with it’s designation for the area. This zoning is compatible with the surrounding neighborhood and would allow for the church with the approval of a Conditional Use Permit. It was moved by Mayor Pro Tem Perkins, seconded by Council Member Gafin and so ordered to close the Public Hearing at 7:50 p.m. There being no further discussion, it was moved by Mayor Pro Tem Perkins, seconded by Council Member Gafin and unanimously carried to introduce the Ordinance approving Zone Change 05-75. 2.ZONE CHANGE NO. 05-77, A REQUEST TO CHANGE ZONING FROM R-1 TO R-2 FOR PROPERTY AT 8121-23 CONRAD STREET AND 8118-32 ORANGE STREET; Development Services. A. INTRODUCED ORDINANCE NO. 05- , 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 THE PROPERTY AT 8121-23 CONRAD STREET AND 8118-32 ORANGE STREET FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO R-2 (TWO FAMILY RESIDENTIAL). Mayor Bayer opened the Public Hearing at 7:51 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Gafin, seconded by Mayor Pro Tem Perkins and so ordered to receive and file. Associate Planner Rojas presented a Power Point presentation explaining that the applicant is proposing a twenty (20) detached Planned Unit Development. The proposed R-2 zoning is consistent with the land use designation. She noted that the developer has agreed to finish the street by installing curbs and gutters in the City easement. Don Jervis, owner/developer, stated that the current sixteen (16) structures will be demolished and twenty (20) new homes will be built. He noted that the neighbors had voiced their concerns regarding the unfinished street at the Planning Commission meeting and he has proposed to finish the street as part of the project. Mayor Pro Tem Perkins asked how many garages will there be for each unit and was told there is a double garage for each unit plus an additional ten (10) off street parking spaces plus another four (4) spaces alongside the street. City Council Minutes 10/1 1/05 -2- Council Member Trejo inquired if the sidewalks would be placed on both sides of the street and was informed that they would be completed along one side. There was not enough room to install on the other side of the street without taking away from the front yards. The following persons spoke in favor of the project: Stewart Kristi Raul Javel Ken Tontovich It was moved by Mayor Pro Tem Perkins, seconded by Council Member Gafin and so ordered to close the Public Hearing at 8:12 p.m. Council Member Trejo noted that this will be a vast improvement to the area; however, he is concerned with the parking situation. It was moved by Mayor Pro Tem Perkins, seconded by Council Member Gafin and unanimously carried to introduce the Ordinance approving Zone Change 05-77. 3.APPEAL OF DENIAL OF ZONE CHANGE NO. 05-67, A REQUEST TO CHANGE ZONING FROM C-1 AND P-B TO R-3 AND C-2 FOR PROPERTY LOCATED AT 9553-57 FIRESTONE BOULEVARD: Development Services. A. ADOPTED RESOLUTION NO. 05-6878, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA DENYING THE APPEAL AND DENYING A REQUEST TO CHANGE THE ZONING OF THE PROPERTY AT 9553, 9555 AND 9557 FIRESTONE BOULEVARD FROM C-1 AND P-B (NEIGHBORHOOD COMMERCIAL AND PARKING BUFFER) TO C-2 AND R-3 (GENERAL COMMERCIAL AND MULTI- FAMILY RESIDENTIAL). Mayor Bayer opened the Public Hearing at 8:14 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Trejo, seconded by Council Member Gafin and so ordered to receive and file. Business Development Manager Davis presented a brief Power Point presentation explaining that staff notified the developer that their plans for the property were not consistent with the General Plan Vision 2025 and had requested a fifty/fifty (50/50) split usage of the property between commercial and residential uses. Firestone Boulevard has been designated as commercial corridor throughout the City in the plans policies and goals. The developer, however, is proposing a twenty-five percent (25%) commercial/seventy-five percent (75%) residential usage of the property. Staff is recommending adoption of the Resolution denying the request. Council Member Cartozian asked if the only access to the property is from Firestone Boulevard and if there are any other examples of this situation along Firestone Boulevard. Staff responded yes, Firestone Boulevard was the only access and there is a similar situation next door. He then asked if in the last five (5) to ten (10) years had the City allowed this type of development and was told no. City Attorney/Economic Development Director Vose noted that this property in within a project redevelopment area. In the past years there has been a combining of lots to bring about development consistent with the redevelopment plan, which encourages commercial rather than residential. Council Member Gafin asked for clarification of the size of the area requesting the C-2 classification and was told approximately 12,000 square feet. City Council Minutes 10/1 1/05 -3- Samir Hajazi, Archissance Design Group, stated that the proposed use of the property is consistent and compliments the goals and objectives of the General Plan. Noting the odd shape of the property, being narrow and long, and the residential usage surrounding it, they feel that the twenty-five (25%) percent commercial and seventy-five (75%) percent residential is the best use and most economical use of the property. He continued that they are only proposing twelve (12) homes instead of the eighteen (18) allowed by the zoning and that it would help alleviate traffic congestion. Mr. Hajazi mentioned that during the Planning Commission hearings they stated their concern for the loss of sales tax revenue with the smaller percentage of commercial usage and completely ignored the increase in property tax revenue. Council Member Cartozian asked why the fifty/fifty (50/50) percent ratio wasn't followed in developing the plans and was informed that it wasn’t economical due to the width of the lot. Mohammad Azzam, Owner/Applicant, mentioned that the make-up of the entire block is ninety (90%) percent residential with only two (2) commercial units, one on each corner. Mr. Azzam stated that they would still be putting in fifteen thousand (15,000) square feet of commercial space and only building twelve (12) to fourteen (14) residential units instead of the eighteen (18) allowed. The property tax would increase, help alleviate traffic and have owner based units. An unidentified speaker stated she was in support of the proposed project as it would help alleviate the blight in the area and provide a safer and nicer entrance into the City. Debra Reed, Reed Investments, explained she is opposed to having a larger commercial area due to the effects it will have on her tenants in the adjoining property, with lighting, crime, setbacks and noise issues. Bertha Cortez, resident and manager of apartments, mentioned that the entire block is residential except for two (2) units and the best thing is to allow homes to help reduce crime in the neighborhood. It was moved by Council Member Cartozian, seconded by Council Member Gafin and so ordered to close the Public Hearing at 8:58 p.m. Council Member Gafin stated that the General Plan is a blueprint for the City that lays out the vision the City wishes to move towards and the intent at this time is to keep Firestone Boulevard as a commercial thoroughfare. Council Member Cartozian indicated he agrees with Council Member Gafin and mentioned that he felt this was a great project, however, it is in the wrong place. It was moved by Council Member Trejo, seconded by Council Member Gafin and unanimously carried to adopt the Resolution denying Zone Change 05-67. The meeting recessed at 9:03 p.m. The meeting reconvened at 9:08 p.m. with all Council Members present. NON-AGENDA PUBLIC COMMENT: Lennie Whittington, resident of Downey, stated by AB 1234 had been signed by the Governor and will take effect January 1, 2006, which addresses ethics training, travel expenses and reimbursements for Council Members. City Council Minutes 10/1 1/05 -4- Deborah Wright, resident of Downey, indicated that her son owns an apartment building near Stewart and Gray Road and Lakewood Boulevard and there has been construction noise late evenings and in the early mornings. She also noted the construction is interfering with school bus routes. City Manager Caton responded that he will look into this matter. John Lacy, resident of Downey, acknowledged the leadership, devotion and care of citizens in the community received from retiring Police Chief Finch and wished him the best in the future. Andrew, a tenant of the apartment house near Stewart and Gray Road and Lakewood Boulevard, complained about construction noise starting at 4:30 a.m. CONSENT CALENDAR – ITEMS FOR REMOVAL: 10.APPROVE AGREEMENT WITH DOWNEY FAMILY YMCA TO LEASE CITY OWNED PROPERTY AT 9066 FIRESTONE BOULEVARD FOR A CHRISTMAS TREE LOT: Administration. This item was withdrawn by staff and will be placed on the next agenda under the Community Development Commission consent calendar. CONSENT CALENDAR: It was moved by Council Member Trejo, seconded by Council Member Cartozian and unanimously carried to approve the Consent Calendar items as recommended: 4.APPROVED COUNCIL MINUTES: Adjourned and Regular Meetings September 27, 2005; Special Meeting October 5, 2005: City Clerk. 5.APPROVED WARRANTS ISSUED: Nos. 207640-207968; Wire Nos. 266-267: 30001090- 30001092; 30001098-1 102; in the total amount of $2,454,399.44: Finance. 6.APPROPRIATED $305,000 FROM THE GENERAL FUND FOR ACQUISITION OF REAL PROPERTY AT 9255 IMPERIAL HIGHWAY, COMMONLY KNOWN AS “SPARTAN LACQUER”: Administration. 7.AUTHORIZED DIRECTOR OF PUBLIC WORKS TO ISSUE A LETTER OF FINANCIAL COMMITMENT TO ARIZONA PIPELINE FOR $214,000 FOR UNDERGROUND UTILITY DISTRICT NO. 18, VERIZON OVERHEAD FACILITIES: Public Works. 8.APPROVED AGREEMENT WITH APA ENGINEERING, INC. FOR PREPARATION OF PLANS, SPECIFICATIONS AND ENGINEER’S ESTIMATE FOR STEWART AND GRAY ROAD PAVEMENT REHABILITATION IN AN AMOUNT OF $59,942: Public Works. 9.APPROVED THIRD AMENDMENT TO INTERSTATE 5 CONSORTIUM CITIES JOINT POWERS AUTHORITY AGREEMENT: Administration. 11.APPROPRIATED $12,200 FROM THE GENERAL FUND FOR THE REPLACEMENT OF THE AIR CONDITIONER COMPRESSOR FOR THE CITY THEATER: Administration. 12.APPROVED ERECTION OF A MONUMENT SIGN ON DEDICATED PROPERTY AND DIRECT THE CITY ATTORNEY TO ISSUE AN ENCROACHMENT PERMIT WITH APPROPRIATE CONDITIONS FOR THE FIRESTONE/BROOKSHIRE COMMERCIAL CENTER LOCATED AT 8532 FIRESTONE BOULEVARD: Administration City Council Minutes 10/1 1/05 -5- 13.ADOPTED RESOLUTION NO. 05-6879, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON (SCE) FOR THE PURPOSE OF UNDERGROUNDING, OPERATING AND MAINTAINING ELECTRICAL UTILITIES AT 12408 LAKEWOOD BOULEVARD: public Works. 14.ADOPTED ORDINANCE NO. 05-1178, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY’S COMPREHENSIVE ZONING MAP CHANGING THE ZONING OF PROPERTY LOCATED AT 13238-13242 CABELL AVENUE FROM R-1 – 5000 (SINGLE FAMILY RESIDENTIAL) TO R-2 (TWO FAMILY RESIDENTIAL) AND ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (ZONE CHANGE NO. 05-61): Development Services. ADMINISTRATIVE REPORTS: 15.REQUEST BY DOWNEY LANDING/ECLIPSE DEVELOPMENT GROUP TO ALLOW FOR SHOPPING CENTER STORE OPENINGS PRIOR TO COMPLETION OF STEWART AND GRAY ROAD STREET IMPROVEMENTS – 12000 LAKEWOOD BOULEVARD. City Manager Caton stated that this is a carry-over item from the Special Council meeting on October 5, 2005, noting that since then the City has received correspondence from Staples, Gap Inc. (Old Navy), Elephant Bar and PetsMart. Douglas Gray, Downey Landing LLC, thanked the Council for reviewing this item again and thanked staff for their quick response on the submitted plans. He noted that as of today they had approval on the plans for Stewart and Gray Road improvements and are looking forward to getting everything done to pull permits and start work. Mayor Pro Tem Perkins noted his concern that we have an agreement with the developer and since we don’t own or lease the land how the City became involved in this issue. He stated that the subcommittee had never been involved in any of the discussions and we should stick to the original agreement. He questioned staff if the plans had been approved and was informed that five (5) or six (6) items needed to be resolved before permits would be issued for the work on the street. It was moved by Council Member Gafin, seconded by Council Member Trejo and carried by the following vote to allow the four remaining stores listed in the staff report of October 5, 2005 be to open on the dates indicated (Old Navy October 19; PetsMart October 24; Elephant Bar Restaurant November 15; and Bed Bath & Beyond November 10) and they be granted Certificates of Occupancy; that the outstanding issues be worked out including the reimbursement of Lakewood Boulevard improvements and the improvements of Stewart and Gray Road. If this agreement is not finalized before the next City Council meeting on October 25th, then all construction on the site shall be suspended until the Stewart and Gray Road improvements are completed. AYES: NOES: ABSTAIN : Cartozian, Gafin, Trejo, Mayor Bayer None Perkins Prior to the vote, Council Member Cartozian noted his respect for his colleagues opinions and concerns stating he feels it is important to show unity and think about the kind of message that is being sent. Council Member Trejo explained he was very concerned over the correspondence the City had received from the retailers regarding the job losses and sales tax loses if the stores weren’t allowed to open on their scheduled dates. City Council Minutes 10/1 1/05 -6- Mayor Pro Tem Perkins inquired as to what would happen if the developer didn’t agree to the conditions. Staff responded that the entire construction would be shut down on the site until Stewart and Gray Road was completed if they did not agree and comply. OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items: Council Member Trejo announced that Downey Junior Athletic Association (DJAA) had their opening day for flag football; and requested that the next City Council meeting be adjourned in memory of Dick Hill, a former Downey football coach. Council Member Gafin requested a future agenda item on reopening the Downey City Library on Sundays; announced that he had attended the dedication of the new Allen Layne Stadium at Downey High School, the opening of the Staples store, and the YMCA/Rotary Pancake Breakfast; thanked Development Services Director Haines and Economic Development Analyst Flores for an excellent presentation at a recent Kiwanis meeting; announced that Wednesday morning there will be a candidates forum for the School Board candidates at the Citizens for Downey meeting; requested that the City Manager talk to the residents who spoke about the construction noise; and wished a belated Happy Birthday to Finance Director Michicoff. Council Member Cartozian recognized Downey School Board member Tod Corrin in the audience; announced that there is a candidate’s forum for School Board candidates Wednesday from 6:00 p.m. – 9:00 p.m. at the School District Administrative offices; and that there have been some meeting dates set for the residential Code study: October 20th from 7:30 p.m. – 9:00 p.m. at the Barbara Riley Community & Senior Center and November 15, 2005, place and time to be determined, which will be in a Planning Commission study session format. Mayor Bayer announced that there is another candidate’s forum on Wednesday evening at the Downey Unified School Board room from 6:30 p.m. – 9:00 p.m. ADJOURNMENT: 9:50 p.m. The meeting adjourned to 6:30 p.m., October 25, 2005, in the Council Chamber of Downey City Hall. CL, LLb+lmm®FEMI U da@&v@772ZMM© KATHLEEN L. b.:}DSTOKJ<E, City Clerk City Council Minutes 10/1 1/05