Loading...
HomeMy WebLinkAboutMinutes - 09-12-00 - Regular Meeting0~.3 ~'~3 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 12, 2000 The City Council of the City of Downey held a regular meeting at 7:41 p.m., September 12, 2000, in the Council Chamber of the Downey City Hall, Mayor Keith McCarthy presiding. PRESENT: Council Members: Keith McCarthy Mayor Robert C. Winningham Mayor Pro Tem Meredith H. Perkins Gary P. McCaughan, M.D. Barbara J. Riley ALSO PRESENT: Gerald M. Caton, City Manager Charles Vose, City Attorney Judith McDonnell, City Clerk-Treasurer Lee Powell, Assistant City Manager Desi Alvarez, Director of Public Works John Finch, Police Chief Darrell George, Director of CommunityBconomic Development James Jarrett, Director of Community Services Mark Sauter, Fire Chief Lowell Williams, Director of Finance Linda Haines, Building Official Ron Yoshiki, Asst. Director of Community Dev./City Planner Shirley Conte, Executive Secretary PRESENTATIONS Mayor McCarthy presented a Proclamation to Donna Diggens, President, Chapter 309, of the Downey Emblem Club, declaring the week of September 17-23, 2000, Downey Emblem Club Week. Mayor McCarthy mentioned a Proclamation declaring September 18th as Constitution Day and the week of September 17 - 23, as Constitution Week, noting it will be forwarded to the Daughters of the American Revolution (DAR). Mayor McCarthy introduced Gary Thomas of the Executive Committee of the Pasadena Tournament of Roses, Miss Teen Downey Heather Rash, Teen Princesses Katie Barnes and Norca Vallejo, Miss Downey Kellie Mac Intosh, and Princesses Emily Scott, Rose Ortega, Kell Parsley and Shannon Guggiana, and the President of the Downey Rose Float Association, Mike Prokop. Mr. Thomas noted 350 million people in 100 countries around the world watched Downey's float "Future Unlimited" go down the parade route. He thanked Kelly Roberts for the float idea; congratulated the City; and presented the 2000 Rose Float Portrait, "Future Unlimited," to Mayor McCarthy. Council Minutes 9/26/00 -1- r' 01.3 ~'7~y Mr. Prokop thanked the Pasadena Rose Float Association for the presentation; thanked Kelly Roberts for the float design and for making it a reality; and thanked Downey Rose Float Association members in the audience who volunteered their time to build and decorate the float. HEARINGS Mayor McCarthy opened the public hearing on ZONE CHANGE NO. 00-58 FOR PROPERTY LOCATED AT 8856-60 ROSECRANS AVENUE, which was continued from the Council Meeting of August 22, 2000. Mr. Yoshiki explained staff's reasoning for initiating the zone change from M-1 (Light Manufacturing) to C-2 (General Commercial) and advised that the Council, at its August 22, 2000, Meeting, adopted a Resolution approving General Plan Amendment No. 00-57, changing the land use designation in this area from Neighborhood Commercial to General Commercial. He stated the proposed zone change is a cleanup issue to conform with the General Plan. Ms. McDonnell advised a letter, with two attachments, was received today from Eduardo Olivo, attorney for Mr. George, with copies distributed to the Council and a copy placed in the public packet. It was moved by Council Member Winningham, seconded by Council Member Perkins, and so ordered to receive and file. Mr. Olivo, attorney for DiMitri George, who owns the subject property, referred to the correspondence he submitted at the August 22, 2000, hearing and the letter submitted today. He noted the hearing was continued to address additional relevant information, as he felt the Council was concerned about the impact the zoning change would have on the value of Mr. George's property. He noted the information submitted today is relevant to that issue and mentioned that an appraisal report was prepared by Bradd Thomas, who will speak in that regard. Bradd Thomas, Independent Real Estate Consultant, Newport Beach, gave a brief review of his experience, advising he was requested by Mr. George to prepare an analysis relating to the impact to his property by the proposed zone change from M-1 to C-2. He submitted his analysis; reviewed the methods utilized; noted references used; and described the contents. He concluded that the demonition of Mr. George's property value was between $160,000 and $180,000. David Bowers, 10620 Dolan Avenue, requested clarification on whether the non-conforming uses could be reinstated if a fire occurred before the ten-year amortization period was up. He also felt the change to C-2 use could produce lower income jobs than the businesses currently utilizing this space. Mr. Yoshiki advised the Downey Municipal Code states, if a fire were to occur in a non- conforming use and was beyond 50 percent or more damage, only a conforming use could be reestablished. If the damage was less than 50 percent and the use had already been there, it could be reestablished and complete its full amortization period. Council Minutes 9/26/00 -2- ~~~~~ There being no one else to speak in favor and no one to speak in opposition, it was moved by Council Member Winningham, seconded by Council Member McCaughan, and so ordered to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO THE COMPREHENSIVE ZONING MAP CHANGING THE ZONE ON A PROPERTY FROM M-1 (LIGHT ~`- MANUFACTURING) TO C-2 (GENERAL COMMERCIAL) FOR PROPERTY LOCATED AT 8856-60 ROSECRANS .AVENUE The Ordinance was read by title only. It was moved by Council Member Winningham, seconded by Council Member McCaughan and failed by the following vote. NOES 3 Council Members: Perkins, Winningham and McCarthy AYES 2 Council Members: Riley and McCaughan Prior to the vote, Council Member Perkins pointed out that information supplied at or just prior to Council Meetings does not allow proper review by the Council. He noted Mr. Olivo's letter states the proposed zone change reduces the uses allowable for this property. He requested staff's comments and was informed that the change from M-1 to C-2 actually enhances the scope of uses for this property. Council Member Perkins noted most rezoning cases increase the property value. He felt the information submitted was not accurate but did not want to see anyone lose their property or any of its value. Council Member McCaughan noted the appraisal brings up questions, as it establishes assumptions, and felt it was the obligation of the City to look to the future and make a decision as to what the land use of a particular area might be with as little encumbrance to the property owner as possible. He felt wages and number of employees was not relevant but that future development -- was. He noted the City is giving the property owner enough leeway to adjust to the situation and is satisfied with staff's recommendation. Mayor McCarthy inquired what the General Plan anticipates as the future zoning of this area and was informed the land use policy recently changed to General Commercial, based on foreseeable changes in the area. He referred to an alternative presented by Mr. Thomas that the amortization period be 20 years instead of 10 and requested staff's comments. Mr. Yoshiki noted the Downey Municipal Code affords a 10-year discretion, which is felt to be a reasonable amount of time. Mr. Vose advised that consideration of a 20-year amortization period would require amending the City's Municipal Code, which would result in the 20-year period being allowable throughout the City, not just for this property. Council Minutes 9/26/00 -3- ~"~ 3 ~'~f Council Member Winningham indicated he felt zone changes should be initiated by the developer and not the City and would be voting against the change. He mentioned being present at the Planning Commission Meeting when this issue was discussed and agreed the general commercial designation was better than the current light manufacturing designation for the long- term. CONSENT CALENDAR -ITEMS FOR REMOVAL: None CONSENT CALENDAR It was moved by Council Member Riley, seconded by Council Member McCaughan, and unanimously carried to waive further reading of the Resolutions and approve the Consent Calendar as recommended: COUNCIL MINUTES: REGULAR MEETING, AUGUST 8, 2000, AND ADJOURNED AND REGULAR MEETINGS, AUGUST 22, 2000: Approve. WARRANTS ISSUED: NO. 158957 - 159647, $2,977,021.07: Approve. APPEAL OF THE PLANNING COMMISSION DECISION DENYING ZONE VARIANCE NO.00-63 FOR PROPERTY LOCATED AT 9311 GALLATIN ROAD (APPELLANT/PROPERTY OWNER: JEONG KIM): Set hearing for 7:30 p.m., September 26, 2000, in the Council Chamber of Downey City Hall: Approve. APPEAL OF THE PLANNING COMMISSION DECISION DENYING ZONE VARIANCE NO. 00-36, FOR PROPERTY LOCATED AT 9515 LAKEWOOD BOULEVARD (PROPERTY OWNER: FORD LEASING DEVELOPMENT COMPANY/APPELLANT MICHAEL ARKIN, DOWNEY LINCOLN MERCURY): Set hearing for 7:30 p.m., September 26, 2000, in the Council Chamber of Downey City Hall: Approve. SEMI-ANNUAL REPORT OF FIFTH CYCLE USED OIL BLOCK GRANT - JANUARY -JUNE 2000: Receive and file the report. RESOLUTION NO. 6395 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE DOWNEY CITY LIBRARY TO JOIN THE LIBRARY OF CALIFORNIA, ARROYO SECO LIBRARY NETWORK RESOLUTION NO. 6396 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CHANGING THE TITLE OF STREET SWEEPING ENFORCEMENT OFFICER TO PARKING ENFORCEMENT OFFICER AND ESTABLISHING A SALARY RANGE FOR THE POSITION OF PARKING ENFORCEMENT OFFICER Council Minutes 9/26/00 -4- 0~3 5'~'~ ORDINANCES: None RESOLUTIONS: None ADMINISTRATIVE REPORTS EXTENSION OF EZRALOW COMPANY EXCLUSIVE NEGOTIATING AGREEMENT (ENA) Mr. George advised that staff is requesting the Council amend the existing six-month Exclusive Negotiating Agreement (ENA) with the Ezralow Company to extend the term through the end of the current calendar year. He noted the ENA agreement involves 130 of the 160-acres of the NASA site. He narrated a slide presentation of what the Ezralow Company has undertaken during the last six months and what they anticipate accomplishing over the next four months, highlighting key features of their development plan. He noted a number of agencies have been involved in the six-month process just completed, such as NASA, the General Services Administration, State Lands Commission, State Historic Preservation Office, and the Water Quality Board and that success of the site depends on the tenants. The Ezralow Company has established a team of professionals to aggressively market the site and received significant interest from the retail sector as well as technology tenants. He reviewed a site plan noting the uses proposed for various parcels of the site and showed slides of the proposed building design, referring to the reuse of certain existing buildings as well as new construction. Ezralow will culminate these four months with the completion of key issues, such as the environmental issues involved with the site, financial transactions, marketing and tenant commitments, completion of transaction documents between the City and NASA and the City and the Ezralow Company, Kaiser Hospital negotiations, the entitlement process, State conveyance of the property to the City, and the historical preservation aspects of the site. He noted Ezralow will cover all City expenses, as they have been doing for the last six months, which includes project management, consultants, outside legal services, materials, equipment, land costs, and funding of the Environmental Impact Report and specific plans. ~--. David Bowers, 10620 Dolan Avenue, inquired if the City were to decide to discontinue its agreement with the Ezralow Company, would costs incurred by Ezralow to-date come back to the City and was informed there would be no reimbursement of funds to the Ezralow Company. Roger Brassmer, 12744 Parrot Avenue, a teacher at Downey High School, questioned why the Ezralow Company has not focused on what to do with the land up until now and thought the City was missing a great opportunity to preserve its aerospace history. He felt a 2.5-acre museum was a token gesture and referred to the space camp in Huntsville, Alabama, suggesting the City do something similar. He thought the museum could be the showcase of the site and that it was a disservice to make it such a small project. Mr. George explained that Ezralow has heavily marketed the site, with significant strides and efforts made, and hope to finalize letters of interest and commitment during the next four months. Mayor McCarthy indicated the primary focus is to develop good quality jobs and mentioned a workshop that took place with people from all over the State regarding the potential for a museum and noted the concern was whether or not it would be well attended. Council Minutes 9/26/00 -5- ~ 1,5'7 Mr. Caton referred to the comments from Mr. Brassmer, stating the goal of the City to immortalize the aerospace work that was accomplished at the site and to retain the full-size shuttle mockup on the site, although Boeing has not been cooperative and removed historical artifacts. He said Congress has given the City a $4 million allocation to develop an educationaUhistorical center and he commented on the reasons a decision has been made to focus on an educational center. Council Member McCaughan advised that NASA has been scaling back and referred to facilities they will keep open, such as the space museum in Huntsville, Alabama, and those they will eliminate. The City will have a facility that preserves the historical context of the site, with the cooperation of NASA, the Smithsonian and the Los Angeles Office of Education. A commitment of ~° the Federal Government is needed to maintain a facility like the Huntsville camp, pointing out that the property was given to Huntsville, whereas the City of Downey had to pay fair market value for its site. Council Member Riley noted the Smithsonian has warehouses of items they are willing to loan to museums and pointed out the City has negotiated for this property for many years and still does not have clear title to the last parcel. She was in favor of extending the agreement. Council Member Perkins mentioned working with the Federal Government is a slow process and Boeing has now advised they are not moving out until December. The Ezralow Company has put up a lot of money for the ENA, the City now has a master plan for the entire 160 acres, and he was in favor of the extension to the agreement. Council Member Winningham supported the Ezralow Company on this project, noting Boeing is holding up the process by continuing to utilize the site for their laboratory. It was hoped to close escrow by September and now it looks like next year, which is not Ezralow's fault. After expressing further comments, including the hope that the City would reconsider and expand the museum project, Mr. Brassmer was invited by Mr. Caton to join the City group working on this project. It was moved by Council Member Winningham, seconded by Council Member Perkins, and -• unanimously carried to authorize the City Manager to execute an amendment to the Ezralow Company's Exclusive Negotiating Agreement (ENA) to extend the term through the end of the current calendar year. ORAL COMMUNICATIONS Eleanor Lindenfeld, 8856 Manzanar Avenue, thanked the Council for reviewing the parking situation on her street that she brought forth at the last Council Meeting and noted she received a letter from Mr. Alvarez, Director of Public Works. She felt the City did not respond to her request to retain the parking restriction in front of her property, as she was affected more than anyone else. She felt the signs are a protection for her and the alternatives proposed do more harm. She apologized to Officer Steve Guthrie for hanging up on him in anger and mentioned serving the community for many years on various committees and taking action on a number of issues. She stated she was afraid without the parking restriction, as she felt it afforded her some protection. Council Minutes 9/26/00 -6- ~. 0.35 i 9 Zenaida Guerra, 7975 Second Street, reiterated problems she experiences with the 24-hour gas station next to her property, reviewing the history from the time she purchased the property to present. She noted the gas station utilizes the public alley for a driveway and is in violation of Conditional Use Permit No. 68 and the Downey Municipal Code. She referred to a letter dated March 26, 1996, which verifies she never requested Thrifty Oil Company to build a fence on her property line. She feels that a fence on the gas station property line would alleviate the problem and noted she filed a case in Norwalk Superior Court against Thrifty Oil Company, submitting a copy of the first page of Case No. DC022623, dated November 6, 1997. She questioned why the gas station is allowed to violate the conditional use permit and the City's Municipal Code. Mayor McCarthy responded that Code Enforcement can review any violations she refers to. He stated he has attempted to meet with the owner of the gas station and will let her know when he does. Dianne Lumsdaine, 9926 Pangborn Avenue, submitted a letter to the Council regarding unethical home repairmen who charge outrageous amounts for simple repairs. She advised that several seniors have informed her of home repair contractors who performed emergency repairs on their homes and the bills are astronomical. She referred to the law for automobile repairs and wondered if a similar situation could be set up for home repairs to protect seniors from this abuse. She suggested the Council initiate a Resolution requesting the City's legislative representatives to endorse legislation next year along these lines. OTHER BUSINESS -Consent Calendar -Items removed by Council Approval: None OTHER BUSINESS -Council Members FUNDING FOR ADDITIONAL CODE ENFORCEMENT OFFICER Council Member McCaughan expressed the need to compile and analyze data on the status of the City's neighborhoods, advising he has heard from a number of citizens who feel the City's -- neighborhoods are deteriorating and there is no data to refute these claims. There is financial information, including data on building, parks, and graffiti, but nothing on the condition of the neighborhoods. He suggested discussing this issue with the Police Chief and other staff members and possibly establishing a position with the responsibility to collect statistics on ten or twelve items for analysis by district, streets, or grids to see if the City's neighborhoods are improving or declining. He complimented the brochure going out on neighborhood preservation and referred to an article in the Los Angeles Times today on the issue of neighborhoods. When asked for clarification of whether he was requesting a monthly report on what Code Enforcement is doing, Council Member McCaughan explained neighborhood data would be gathered on the entire City, with possibly one person responsible for keeping track. Council Member McCaughan referred to a memo received on LACDA, flood control project, where the flood areas will be designated as the A99 Zone, which means residents no longer have to build their homes higher than their neighbors, which is a great step forward. Council Member McCaughan mentioned receiving an a-mail regarding playground equipment and hoped staff addressed this issue. Council Minutes 9/26/00 -7- ~~ ~~~ Council Member McCaughan mentioned receiving information on After-School Alliance, which lists Downey with an 818 area code and notes the potential for a grant in the amount of $1.9 million. He passed the information on to staff for review. Council Member McCaughan referred to court unification and a letter from Judge Falcone, Supervising Judge of the Southeast District, mentioning concern with felonies being expedited through the Downey Court. He suggested the Council respond and felt court unification should benefit the local jurisdictions it is organized for. He also thought Downey should dovetail on what the City of La Mirada and the other cities are doing. He did not want the Downey Court to become a special court, stating he hoped it would retain the concept of a local court. Council Member Perkins mentioned the new Sunday Library hours and requested they be posted on the glass doors at the entrance. He thanked the local newspapers for coverage of the increased hours and suggested the City Manager's office write a letter to the Superintendent of the Downey Unified School District requesting he communicate the new Sunday hours to all Downey schools. Council Member Perkins commented on attending the opening day of Pop Warner Football and accepting a plaque on behalf of the City's 40-years of support, which he submitted to the Mayor. Council Member Perkins stated what makes the City of Downey different is its volunteers, referring to an event he attended in Cerritos where Downey resident Dianne Lumsdaine was playing in the pep band. He noted she joined the group after seeing an ad for volunteers. She also spends a great deal of time in Downey service clubs, runs a business, is raising a family, and is currently running for City Council election. Council Member Winningham mentioned the cones utilized at school crossings last year are missing and requested staff notify the crossing guard service to reinstate them. Council Member Winningham acknowledged the retirement party for Mae Jantz, who served the City under five Police Chiefs. He extended his congratulations, noting she did an outstanding job. Council Member Winningham concurred with Dianne Lumsdaine's comments regarding inflated contractor billings and mentioned his own family has been a victim of this type of business practice and felt the legislature should be asked to initiate legislation. He suggested passing this on to Ms. Yotsuya for review. Council Member Winningham thanked Mr. Brassmer for his comments regarding a larger space museum on the NASA site and encouraged him to become involved in the process and the workshops that will be scheduled. He noted the City looked at the big picture on the museum and was scared off by the big numbers attached. Council Member Riley commented on the backlog of Code Enforcement cases and seeing at least ten violations between her house and City Hall. She felt the City needs to look at the workforce and its productivity and mentioned discussing this with Council Members from other cities and was advised that every City vehicle has a pad in it to note addresses where code violations are occurring, with information then turned in to Code Enforcement or the Police Department. Council Minutes 9/26/00 -8- ~J1~581 Council Member Riley indicated that people who have already paid flood insurance for the coming year can apply for a rebate if the ban is lifted between now and next July. She noted the City needs to advise citizens of this fact. Council Member Riley mentioned she also noticed school crossing cones missing at the schools and complimented the new bright signs. She stated she has also viewed mothers stopping in the middle of the street to pick up school children. Mayor McCarthy mentioned the retirement of Mae Jantz and noted she will be missed. Mayor McCarthy referred to the issue of court unification and its likely negative impact on Downey and surrounding communities. Council Member McCaughan noted the Supreme Court Judge involved in the court unification process has offered to talk to speak to any civic group and suggested he visit the City to explain the unification and the system that will happen at the local court called "Early Disposition" or "Fast Track." Chief Finch explained that within three days after the initial hearing, the felons would all come to Downey, with the exception ofthree-strike cases. Most of the high-grade felonies would be in Downey for the opportunity to plea-bargain their case out. Mr. Caton indicated that all felons would be introduced to Downey, as it is not just the three cities anymore, but involves a very large area, which is very disturbing. Mayor McCarthy referred to Code Enforcement and Neighborhood Preservation and a brochure ready to be mailed out that should inform new residents of the City's expectations for property maintenance and available resources to assist in this effort. ,F.-.. Mayor McCarthy commented on the fence replacement program in the southeast area of the City, which experienced a funding delay but is now funded and will commence. He felt this will be an improvement for the City's neighborhoods. Mayor McCarthy read a letter from a citizen who received assistance through the Senior Fix- It Program commending Community Services and Housing staff for their help. OTHER BUSINESS -Staff Members Mr. Caton mentioned the recent retirement of Police Chief Secretary Mae Jantz, stating she was a very special person. Mr. Caton noted staff will post the new Library hours. Mr. Caton stated a reason he enjoys working in local government is that a single person can make a difference and have an impact. He congratulated Mr. George for stating his case against the proposed zone change to his property and the Council voted in his favor. Council Minutes 9/26/00 -9- 0~358d Mr. Caton indicated the Tournament of Roses Parade provides the City with more recognition than anything else, and is done through volunteerism. He noted the Downey Rose Float Association has a problem with the engine of the vehicle they rely upon to move the float, and there may be a City vehicle available that was going to be taken out of service. If the engine will work, this vehicle could be donated to the Rose Float Association and staff will bring this back to the Council for approval. Mr. Caton discussed the court unification issue and the impact it will have on the cities of Downey, Norwalk and La Mirada, pointing out that everything was done in secret with no request made to the local jurisdictions. He noted the Downey Court was renowned for taking an interest in local property management and the citizens of Downey, Norwalk, and La Mirada elected judges who took violations of property maintenance seriously. To have these judges transferred without thought of the impact to local communities is not right. The City Manager of La Mirada has taken the lead on this and has been meeting with the judges. The concern is that Downey will be the recipient of felons coming in from a large number of areas. He noted staff will prepare a report and bring it back at the next meeting. ADJOURNMENT: 9:55 p.m. r^ J~}clith E. McDonnell, City Clerk eith McCarthy, Mayor H:\CCLERK\SCON1'E\MINLTIBS\CCMN0926 Council Minutes 9/26/00 -10-