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HomeMy WebLinkAboutMinutes - 01-27-04 - Regular Meeting01488 S MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JANUARY 27, 2004 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:40 p.m., January 27, 2004, in the Council Chamber of the Downey City Hall, Mayor/Chairman Kirk C:artozian presiding. PRESENT:Council Members/Commissioners: Kirk O. Cartozian Keith McCarthy Mayor/Chairman Mayor Pro Tempore/Vice-Chairman (arrived 6:45 p.m.) Anne M. Bayer Meredith H. Perkins Rick Trejo (arrived 6:43 p.m.) ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Charles Vose, City Attorney Kathleen L. Midstokke, City Clerk/Secretary Lee Powell, Assistant City Manager Darrell George, Director of Community & Economic Development John Finch, Police Chief James Makshanoff, Assistant to the City Manager Steven Yee, Associate Civil Engineer APPROVAL OF CLOSED SESSION MINUTES It was moved by Mayor/Chairman Cartozian, seconded by Council Member/Commissioner Trejo and unanimously carried (3/0) to approve the Closed Session Minutes of January 13, 2004. RECESS TO CLOSED SESSION Mayor/Chairman Cartozian announced the Council/Commission is recessing to Closed Session (6:41 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 54956.8 – Conference with real property negotiator Darrell George re property: 9066 Firestone Boulevard; negotiating party: Cynthia Gomez of Foundations, LLC; under negotiation: price and terms of payment. City Council/Community Dev. Comm. Minutes (adj .) 01/27/04 -1- 014655 4.SECTION 54957.6 – Conference with labor negotiator Lee Powell re: direction for labor negotiations with the Downey City Employees’ Association – Maintenance and Miscellaneous groups and the Downey Public Safety Auxiliary Association. The meeting reconvened in open session at 7:32 p.m. with all Council Members/- Commissioners present. There were no Closed Session actions to report. The meeting recessed at 7:32 p.m. ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 8:43 p.m. with all Council Members/Commissioners present (see Oral Communications in the Regular City Council Meeting Minutes) and recessed at 8:45 p.m. The meeting reconvened at 9:56 p.m. with all Council Members/Commissioner present. ADJOURNMENT: 9:57 p.m. -N\ '>\ T :>\ L,_,_ Jf, U. d,I @EBN L. MIT\J " City Council/Community Dev. Comm. Minutes (adj .) 01/27/04 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JANUARY 27, 2004 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Keep America Beautiful Award Council Member Announcements Public Hearing Amending DMC re: Used Car and Truck Sales, Display Lots & Offices Public Hearing Appeal CUP # 03-86 for Restaurant at 11022 Downey Ave. Oral Communications Introduced Ordinance Cont. 2/10/04 4 5 5 5 5 5 5 6 Items removed from Consent Calendar Council Minutes: Adj . & Reg. Mtgs. 1/13/04 Cash Contract # 629 – Bellflower Blvd. Street Imp. Project Cash Contract # 637 – Independence Park reclaimed waterline ext. Warrants: # 191892 - 192243; Wire Nos. 30000730-737; $3,824,493.74 Authorize purchase of battery operated Tasers for Police Dept. DMC amendment re: Wireless Communications P_io Hondo Clubhouse: order furnishings 2004-05 CDBG & Home Invest. Part. Grant Programs Reso. # 6733 Sick Leave Pay-off Firemen’s Association Ord. # 1157 DMC amendment re: Definition Single-Famliy Dwellings Fire Code Council Subcommittee Consideration Downey Kiwanis Los Amigos for Theatre Discounted Rate Approved Approved Approved Approved Approved Set Hrg. 2/10/04 Approved Set Hrg. 2/24/04 Adopted Adopted 6 6 6 6 6 6 Approved No Action 6 8 COUNCIL MINUTES, JANUARY 27. 2004 TABLE OF MINUTE ACTIONS (CONTINUED)ACTION PAGE NO. Council Member Announcements – cont.8 9 9 Staff Comments Adjournment to 6:30 p.m., February 10, 2004 0 1 4 G G 7 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JANUARY 27, 2004 The City Council of the City of Downey held a Regular Meeting at 7:36 p.m., January 27, 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 Kathleen L. Midstokke, 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 Ron Yoshiki, Asst. Director of Community Dev./City Planner Susan Domen, Executive Secretary PRESENTATIONS Mayor Cartozian presented the Keep America Beautiful Award to Carol Rowland and members of the Keep Downey Beautiful Committee. Ed Dario, Automobile Club of Southern California representative and Captain Sharon Baker from the California Highway Patrol (Santa Fe Springs) presented the CHP 10851 Award re: stolen vehicles to Downey Police Officers Carlos Bejines, Christopher Kurtz, Justin Prentice and Nathan Weinrich. Mr. Dario stated that the Downey officers have recovered 118 vehicles in the last 18 months. COUNCIL MEMBER ANNOUNCEMENTS Council Member Perkins stated that it has been a busy week and that the city has lost two valuable people. First with the passing of an outstanding citizen, Ed DiLoreto and then with the retirement of Alta Duke after 30 years of service with the City. He mentioned attending Western Financial Bank’s grand opening and commented that the City was in the final selection stages of the food service provider for Rio Hondo Country Club. City Council Minutes 01/27/04 -1- 014688 Council Member Trejo stated that he had attended a fundraiser held at Granata’s put on by the Emergency Preparedness Committee and the event generated more than $1,000. He thanked Granata’s for allowing this event to be held at their location and supporting this group. Council Member Bayer acknowledged Commissioner Fay Campbell and her mother in the audience. She stated that when she did her ride-a-long she had the privilege of riding with Officer Prentice and commented that he is a great asset to our Police Department. Mayor Pro Tempore McCarthy thanked Granata’s for the Emergency Preparedness Committee’s fundraiser. He also mentioned that his Planning Commissioner, Dave Gafin performed in the recent production of the “Amorous Ambassador“ put on by the Klwanis. Mayor Cartozian said he recently met with Carol Naharra, a candidate for the L. A. Superior Court Seat No. 69. He stated that he has had several meetings this week with numerous persons regarding items on the agenda. Mayor Cartozian mentioned that Dave and Kathleen Chappell, parishioners of the First Baptist Church of Downey, lost their son Jason in the Iraq War this week and requested that the next meeting be adjourned in his honor. A moment of silence was observed PUBLIC HEARINGS 1.PROPOSED DOWNEY MUNICIPAL CODE AMENDMENT RE: USED CAR AND TRUCK SALES, DISPLAY LOTS AND OFFICES (continued from January 13, 2004). Mayor Cartozian opened the Public Hearing at 7:55 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. City Clerk Midstokke announced that supplemental correspondence had been received from Catherine Weinberg, Attorney representing various auto sales businesses dated January 26, 2004 and Nancy Holyoake, Trustee of Louise Bohls Family Trust dated January 27, 2004. It was moved by Council member Perkins, seconded by Council Member McCarthy and so ordered to receive and file. A staff report was given by Asst. Director of Community Development/City Planner Ron Yoshiki. He explained that the matter was continued from January 13, 2004, when the City Council gave direction for inclusion of language for an open-ended grandfather clause and to allow a ten percent allotment in regards to total lot area. The provisions staff had added to the proposed amendment are to allow the currently existing used car type facilities to become transitional uses which would remain in effect open-ended unless the business is expanded or if they are damaged by fifty percent and need to be reconstructed; and, the 20,000 square foot requirement at the Planning Commission’s discretion can be adjusted by not more than ten percent. The proposed amendments would have an effective date of March 10, 2004 and would cover all facilities of this type in existence at that time. Council Member Perkins inquired if there were any provisions made for the change of ownership and if there is a time limit on the business closing to put the same type back in. City Planner Yoshiki responded that there are not any provisions for the change of ownership and that the time limit is six months of suspension. Council Member Perkins then asked for clarification on what a transitional use is and if the current 45 businesses could by listed by addresses instead of as traditional uses. City Planner Yoshiki explained that a transitional use allows them to continue as they are so long as this type of business stays in place. They would loose the grandfather provision if City Council Minutes 01/27/04 aT4669 they change to another use, then they would have to comply with the zoning codes for the property. He also stated that if the address were listed instead that it would take another Code amendment to remove them. Council Member Perkins then inquired if the owner has an existing lot 10,000 square feet and another lot next door, can he combine them. City Planner Yoshiki responded that under the current moratorium he could not. Mayor Cartozian asked for clarification on what is to be included in the grandfather provision, the property, the business or both and was informed it is both. Catherine Wienberg, Attorney, mentioned that when a business is declared non-conforming it brings other Code sections such as six month go dark period, structural alterations, and if ordinary repairs exceed ten percent of replacement costs of building, then the properties/businesses would forfeit the grand father provision. She then stated that the Council’s previous direction was without time limitations and she didn’t think the City wanted to hinder business improvements. Jose Borda, Premium Auto Sales, stated that he has 2 concerns with amendment. First it is unfair to put these conditions on used car sales only and second, that he would like to expand his business but will not be able to or he will loose the grandfather provision. Nancy Holyoake referred to a letter that she submitted dated January 27, 2004 outlining the dilemma’s faced by her family on the property that they own and how these amendments are unfair. There being no one else to speak, it was moved by Council Member Trejo, seconded by Mayor Cartozian and so ordered to close the public hearing. Mayor Cartozian asked City Planner Yoshiki to address the concerns on restrictions being placed that were brought up by the speakers. He explained non-conforming and transitional uses and that the goal is that they will eventually come into compliance. City Attorney Vose clarified that code does not allow it only to apply to new businesses with this use and what staff has presented is the best option available based on the existing Code. In response to questions by Council Member Perkins, City Planner Yoshiki stated that new car dealerships are not covered under this Ordinance but are covered under the regulations for all commercial businesses in Downey along with some requirements that only they must meet. This Ordinance is to bring into conformity used car dealership regulations that all commercial businesses must meet. Council Member Trejo stated he is not against used car dealerships but feels it is unfair that other commercial businesses have to abide by these requirements. He supports the Ordinance. Mayor Pro Tempore McCarthy explained that this issue is before the Council because we are at the end of the time on the moratorium. Noting that not all of the amendments are desirable to everyone, if the Ordinance were adopted at this time as is needed, they would have the ability to fine tune them the later. He suggested the formation of a subcommittee to meet with the used car businesses to see what issues need to be improved upon. City Council Minutes 01/27/04 -3- 0 1 4 6 ? O Mayor Cartozian stated that he has met with numerous tenants and landowners in the past two weeks and feels that the Ordinance is 99% fair as it is proposed. The language can be worked out on certain issues and there is a need in the City for a Conditional Use Permit process. The City is not trying to hurt businesses and have shown that with the grandfathering clause. Mayor Cartozian explained that this is consistent with commercial zones within the City of Downey. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE, ARTICLE IX, CHAPTER 1, RELATED TO CERTAIN SECTIONS PERTAINING TO USED CAR AND TRUCK SALES/DISPLAY LOTS AND OFFICES. City Clerk Midstokke read the title of the Ordinance. It was moved by Council Member Trejo, seconded by Mayor Pro Tempore McCarthy and carried by the following vote to introduce the Ordinance. AYES : NOES : McCarthy, Perkins, Trejo, Mayor Cartozian Bayer It was moved by Council Member Trejo, seconded by Mayor Pro Tempore McCarthy and unanimously carried to waive further reading of the Ordinance. Prior to the vote, Council Member Perkins inquired if this Ordinance covers just used car dealerships or does it also cover new car dealerships and was informed that it is only for used car dealerships. He then asked what is the mission we are trying to accomplish by passing this Ordinance. Mayor Cartozian responded that this issue was brought forth a few years ago by the Council to have definite restrictions for certain types of zoning and uses. Mayor Pro Tempore McCarthy reiterated that we need to move forward and fine tune this at a later date. It was moved by Council Member Perkins, seconded by Council Member Trejo and hearing no objections, so ordered to appoint Mayor Pro Tempore McCarthy and Council Member Bayer to serve on the temporary Council subcommittee. 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 AT 11022 DOWNEY AVENUE, ZONED C3- DP (CENTRAL BUSINESS DISTRICT-DOWNTOWN PLAN) (APPLICANT: MARCOS MORALES, RETAIL PLUS; APPELLANT: SHEPHERD DEVELOPMENT AND FIRST BAPTIST CHURCH OF DOWNEY). Mayor Cartozian opened the Public Hearing at 8:45 p.m. He announced it is staffs recommendation that this item be continued to the next City Council meeting, which is February 10> 2004. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Perkins and so ordered to receive and file. City Council Minutes 01/27/04 -4- t: n O:!4671 Mayor Cartozian invited those being unable to attend the February 10, 2004 Council Meeting to come forward and speak at this time. The following spoke in opposition of the appeal: Maria Larkin, Downey Chamber of Commerce President Lennie Whittington, resident Johnny Croshaw, Business Owner The following spoke in favor of the appeal: Elsa Van Lueven J.R. Johnson Robert Ozell, Attorney representing the owners of the Avenue Bistro submitted a statement to the City Clerk that was signed by 122 individuals in support of the project. It was moved by Council Member Trejo, seconded by Mayor Pro Tempore McCarthy and so ordered by Mayor Cartozian to continue the Public Hearing until February 10, 2004. ORAL COMMUNICATIONS Michael Jackson stated that Californians made a change on October 7, 2003 for the betterment of California and said we must continue to get California back on track. He announced his candidacy for State Senator, District 27 in the March primary election. CONSENT CALENDAR – ITEMS FOR REMOVAL: None CONSENT CALENDAR It was moved by Council Member Perkins, seconded by Council Member Trejo and unanimously carried to waive further reading of the Resolutions and approved in its entirety the Consent Calendar items as recommended: 3.COUNCIL MINUTES: ADJOURNED REGULAR MEETING, JANUARY 13, 2004: Approved. 4. 5. COUNCIL MINUTES: REGULAR MEETING, JANUARY 13, 2004: Approved. CASH CONTRACT # 629 – BELLFLOWER BOULEVARD STREET IMPROVEMENT PROJECT: ACCEPT THE IMPROVEMENTS AND MAINTENANCE RESPONSIBILITY AND APPROVE THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $2,812,405.96: Approved. 6.CASH CONTRACT # 637 – INDEPENDENCE PARK RECLAIMED WATERLINE EXTENSION: ACCEPT THE IMPROVEMENTS AND THE MAINTENANCE RESPONSIBILITY AND APPROVE THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $517,427.33: Approved. City Council Minutes 01/27/04 -5- 014872 7.WARRANTS ISSUED: 191892 – 192243; WIRE NUMBERS 196, 30000730-737; $3,824,493.74: Approved. 8.AUTHORIZE DISBURSEMENT OF 531,280 FROM ASSET FORFEITURE FUNDS TO PURCHASE 28 BATTERY OPERATED TASERS AND ASSOCIATED POLICE DEPT. EQUIPMENT: Approved. 9.SET PUBLIC HEARING FOR FEBRUARY 10, 2004 FOR PROPOSED DOWNEY MUNICIPAL CODE AMENDMENT REGARDING WIRELESS COMMUNICATIONS FACILITIES: Approved. 10.AUTHORIZE STAFF TO ORDER THE FURNISHINGS FOR THE RIO HONDO CLUBHOUSE, NOT TO EXCEED 8300,000, AS SHOWN AND LISTED IN THE SELECTIONS BOOK PREPARED BY IMPACT INTERIORS: Approved. 11.SET PUBLIC HEARING FOR FEBRUARY 10, 2004 FOR 2004-05 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP GRANT PROGRAMS: Approved. 12.RESOLUTION NO. 6733 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY MODIFYING THE SICK-LEAVE PAY-OFF AT RETIREMENT PROGRAM PROVIDED IN THE MEMORANDUM OF UNDERSTANDING OF THE DOWNEY FIREMEN’S ASSOCIATION. 13.ORDINANCE NO. 1157 (ADOPT) DOWNEY MUNICIPAL CODE AMENDMENT RE: EXPANDING THE DEFINITION OF SINGLE-FAMILY DWELLINGS TO BE CONSISTENT WITH THE ADOPTED AND CERTIFIED 2000-05 DOWNEY HOUSING ELEMENT. ADMINISTRATIVE REPORT 14.FORMATION OF TEMPORARY CITY COUNCIL SUBCOMMITTEE TO REVIEW THE ADOPTION OF A NEW FIRE CODE. City Manager Gerald Caton stated that the Fire Chief has been working diligently to update the Fire Code and is requesting that the Council appoint a temporary subcommittee to work with him on the potential changes to the Code. It was the consensus of the Council to appoint Council Members Bayer and Perkins to the temporary Council subcommittee. City Council Minutes 01/27/04 -6- 074673 OTHER BUSINESS 15.CONSIDERATION OF REQUEST OF THE DOWNY KIWANIS LOS AMIGOS FOR USE OF THE DOWNEY THEATRE AT A DISCOUNTED RATE (continued from January 13, 2004). City Manager Caton announced that the staff report was presented at the last meeting and stated that due to the Theatre budget being in the red and setting a precedence for other such requests, staff was recommending this request be denied. Bob Goldstein, representative from Kiwanis, stated that if he couldn’t change any of the Councils minds on this issues, then he had nothing further to say. Lennie Whittington expressed that the Kiwanis does a lot of good work and are good people. He also stated that even though the budget needs to be tightened, all groups need to be treated equally. Mayor Pro Tempore McCarthy expressed that minds can always be changed by the publics comments as that is why they hold public meetings. He stated that while being fiscally conservative, the benefit the group provides merits the request. A motion was made by Mayor Pro Tempore McCarthy, seconded by Council Member Trej o (for the sake of continuity of reporting, the full motion and vote is listed below) to provide financial reimbursement to the Kiwanis in the amount of $1,466.53 . Mayor Cartozian expressed that he felt it would not be prudent for the City to provide reimbursement to this organization for the services. It would set a precedence that would allow other similar groups to ask for the reduction also and the facility is currently in the red. Mayor Cartozian requested Council vote with staffs recommendation to deny the request. Mayor Pro Tempore McCarthy commented that every community theatre operates in the red, as it is the nature of community services. He also stated that by providing this group with a reimbursement grant, does not mean that other groups have to or will apply for the same consideration. It was moved by Mayor Cartozian and seconded by Council Member Perkins to approve staffs recommendation to deny the request. A vote was taken to make this the main motion and failed for lack of majority by the following vote. AYES : NOES : ABSTAIN: Perkins, Mayor Cartozian McCarthy, Trejo Bayer Prior to the vote, Council Member Perkins stated that we are in a budget crisis and that the Theatre, which already operates in the red, is the one that is affected by this. The main goal should be to keep the Theatre secure. Council Member Perkins mentioned that he already has another group asking for the reduction and if this passes tonight the Council would have no right to deny their reduction request either. City Council Minutes 01/27/04 -7- 0146 ? 't Bob Goldstein mentioned that he has had conversations with Community Service Director Kehoe and is of the understanding that the reason that staff recommends to deny the request is because they feel the Kiwanis is a service group and not a performing arts group. City Manager Caton confirmed that is correct. Mr. Goldstein expressed that the Civic Light Opera and the Symphonic Society are not performing arts groups either, they are service groups in the fact that they hire actors and performers to come and perform at the theatre, they themselves are not a group of performers. Lennie Whittington stated that the Civil Light Opera is the biggest user of the Theatre and without them the Theatre would close its doors. A motion was made by Mayor Pro Tempore McCarthy, seconded by Council Member Trejo and failed by the following lack of majority vote to provide financial reimbursement to the Kiwanis in the amount of $1,466.53. AYES: Perkins, Mayor Cartozian NOES : McCarthy, Trejo ABSTAIN: Bayer Prior to the vote, Council Member Trejo stated that this amount is very minimal and he supports the grant. Mayor Cartozian expressed that the comparison of groups is not the issue at hand but rather the fact that if allowed for this group it would have to be allowed for others and during this budget crisis it is not fiscally prudent to do so while we are asking all City departments to make cutbacks. Council Member Bayer clarified that she was abstaining from the vote due to a conflict of rnterest. OTHER BUSINESS – Consent Calendar – Items removed by Council Approval: None OTHER BUSINESS – Council Member Requests for Future Agenda Items: Mayor Pro Tempore McCarthy explained that two of the people that the meeting is being adjourned in memory of, Sid and Frieda Barr, were neighbors of his who always took part in the holiday home decorating contest and were winners for several years. He said they will be greatly missed. Complemented Code Officers Laura Wilson and Bob Weinrich, who along with workers from All American Home Center and First Baptist Church, cleaned up two homes in the City that were in very bad condition. Mayor Cartozian announced the City/School Coordinating Committee would be meeting next Monday and he would be attending with Council Member Trejo as well as City and school staff. He requested a meeting with Economic Development to review the Plan Check process for Planning, Building and Engineering. Mayor Cartozian asked that the local press announce that he is looking for someone to serve on the Library Advisory Board and anyone interested can contact his office. City Council Minutes 01/27/04 -8- 01467 :i OURNMENT: 9:57 p.m. The meeting adjourned to 6:30 p.m., February 10, 2004, in the Council Chamber of Downey ADJ City Hall. EiN L MmsTo:City Clerk KIRK 0. CARTOZLAN .ayor City Council Minutes 01/27/04 -9-