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HomeMy WebLinkAboutMinutes - 08-12-08 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING AUGUST 12, 2008 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:30 p.m., August 12, 2008, in the Council Charnberof the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairperson David R. Gafin presiding. PRESENT:Council Members/Commissioners: David R. Gafin Mario A. Guerra Anne M. Bayer Kirk O. Cartozian Rick Trejo Mayor/Chairperson Mayor Pro Tem/Vice-Chairperson (arrived 6:34 p.m.) (arrived 6:40 p.m.) ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Lee Powell, Assistant City Manager/Executive Director Edward W. Lee, City Attorney/Agency Counsel Kathleen L. Midstokke, City Clerk/Secretary Scott K. Pornrehn, Assistant Deputy City Manager Desi Alvarez, Deputy City Manager/Special Projects Gilbert Livas, Deputy City Manager/Community Development John Perfitt, Economic Development Director Other City Staff PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None. APPROVED CLOSED SESSION MINUTES: July 22, 2008. It was moved by Mayor Pro Tem/Vice-Chairman Guerra, seconded by Council Member/Commissioner Bayer and carried (3/0) to approve. RECESSED TO CLOSED SESSION: Mayor/Chairperson Gafin announced the Council/Commission is ncessing to Closed Session (6:31 p.m.) to discuss matters under the authority of the following sections of the Government Code: 1. Government Code Section 54956.8 – Conference with real property negotiator Gilbert Livas re: property at 8236 Firestone Boulevard; negotiating party: Nash Levy, Westland Industries; under negotiations: price and terms of payment. 2. Government Code Section 54957.6 – Conference with labor negotiator Lee Powell re: direction for labor negotiations with Downey Police Management Association. City Council/Community Dev. Comm. Minutes (adj.) 08/12/08 -1 - RECONVENED: The meeting reconvened in Open Session at 7:30 p.m. dth all Council Members/Commissioners present. There were no Closed Session actions to report. ADJOURNMENT: The meeting adjourned at 7:30 p.m. }{d%zap) L. MIDSTOKKE, City Clerk/Secretary ' /:/ze:Z lnHNnomMFeTia City Council/Community Dev. Comm. Minutes (adj,) 08/12/08 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING AUGUST 12, 2008 The City Council of the City of Downey held a Regular Meeting at 7:58 p.m., August 12, 2008, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor David R. Gafin presiding. PRESENT:Council Members: David R. Gafin Mario A. Guerra Anne M. Bayer Rick Trejo Kirk O. Cartozian Mayor Mayor Pro Tem ALSO PRESENT:Gerald M. Caton, City Manager Edward W. Lee, City Attorney Lee Powell, Assistant City Manager Kathleen L. Midstokke, City Clerk Scott K. Pomrehn, Assistant Deputy City Manager Desi Alvarez, Deputy City Manager/Special Projects Roy Campos, Police Chief Linda Haines, Building and Housing Director Gilbert Livas, Deputy City Manager/Community Development John Michicoff. Finance Director John Perfitt, Economic Development Director Thad Phillips, Community Services Director Brian Ragland, Public Works Director Jeff Turner, Assistant Fire Chief Susan Domen, Deputy City Clerk Other Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Council Member Bayer announced that there will be no Citizens for Downey meeting this week; that the Downey Symphony will be playing at the Concerts in the Park; and she recognized her Commissioners Terry Lambros and Lee Ann Sears in the audience. Council Member Trejo noted his pride of recent Downey resident being drafted into the Major Leagues. Council Member Cartozian mentioned he attended a press conference protesting the State taking monies from municipalities at Fire Station No. 1 ; attended the Downey Adult School graduation a couple weeks ago; has been attending Concerts in the Park; participated in the South East Area Animal Control Authority Critter Run; noted the new cameras in the Council Chambers; and recognized District 5 candidates Gary DeRemer and Maria Larkin in the audience. City Council Minutes 08/12/08 -1- Mayor Pro Tem Guerra mentioned he went on a tour of the Coca Cola plant; spoke to the American Business Women’s Association last week; noted that we will be adjourning in memory of some great people tonight; requested staff to work with the Emergency Preparedness Committee and publicize earthquake preparedness on the City website and in the local papers. Mayor Gafin noted he has been attending Neighborhood Watch meetings and urged residents to get one going in their neighborhoods; mentioned the first Business Watch meeting sponsored by the Chamber of Commerce was held; and announced that there will be major traffic delays along Lakewood Boulevard and Imperial Highway starting August 21 st and for the four weekends following. PRESENTATIONS: Mayor Gafin along with Mike Hemsath, President of the Downey Ponytail Softball Association, presented plaques of appreciation to City staff for their assistance to the league. PUBLIC HEARINGS: 1.APPEAL OF CONDITIONAL USE PERMIT NO. 08-16, A REQUEST TO OVERTURN THE PLANNING COMMISSION’S DENIAL OF AN ALCOHOL BEVERAGE LICENSE WITHIN EXISTING RESTAURANT (BON APPETITE SUSHI AND SALAD) AT 7808 FLORENCE AVENUE: Community Development. (Continued from July 22, 2008.) ADOPTED RESOLUTION NO. 08-7072, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN APPEAL, THEREBY OVERTURNING THE PLANNING COMMISSION’S DENIAL OF CONDITIONAL USE PERMIT NO. 08-16, A REQUEST FOR AN ALCOHOL BEVERAGE LICENSE, TYPE 41 (ON-SALE BEER AND WINE, EATING PLACE) WITHIN THE EXISTING RESTAURANT (BON APPETITE SUSHI AND SALAD) ON PROPERTY LOCATED AT 7808 FLORENCE AVENUE AND ZONED C- 1 (NEIGHBORHOOD COMMERCIAL). Mayor Gafin re-opened the Public Hearing at 8:15 p.m. Senior Planner Blumenthal presented a Power Point presentation addressing the parking and rear entrance issues raised at the July 22, 2008 meeting, and explained that new information shows that there is enough parking and staff is supporting overturning of the Planning Commission’s decision Angelica Tamada, appellant, noted her agreement to the conditions set forth by staff. Russell Rankin, resident of Downey, questioned if the Fire Chief had been consulted as to the maximum seating allotment and he was informed that it was covered in the staff report. It was moved by Council Member Trejo, seconded by Council Member Bayer and so ordered to close the Public Hearing the time being 8:22 p.m. Council Member Cartozian noted his pleasure that this item was reviewed and noted that there will be no additional restaurant type facilities allowed in the center. It was moved by Council Member Trejo, seconded by Council Member Bayer and unanimously carried to adopt the Resolution. City Council Minutes 08/1 2/08 -2- 2.AN APPEAL OF A DECISION BY THE PLANNING COMMISSION TO DENY ZONE VARIANCE NO. 07-202 – A REQUEST TO WAIVE THE ENFORCEMENT OF A CONDITION OF APPROVAL OF ZONE VARIANCE NO. 293, THAT REQUIRES THE PROVISION OF TWO COVERED PARKING SPACES PRIOR TO SALE OF 9447 PELLET STREET: Community Development. (Continued from July 22, 2008.) ADOPTED RESOLUTION NO. 08-7073, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL OF A DECISION BY THE PLANNING COMMISSION TO DENY ZONE VARIANCE NO. 07-202 – A REQUEST TO WAIVE THE ENFORCEMENT OF A CONDITION OF APPROVAL OF ZONE VARIANCE NO. 293, THAT REQUIRES THE PROVISION OF TWO COVERED PARKING SPACES PRIOR TO THE SALE, LEASE, OR RENTING OF THE PROPERTY AT 9447 PELLET STREET, ZONED R- 1 6,000 (SINGLE-FAMILY RESIDENTIAL). Mayor Gafin re-opened the Public Hearing at 8:25 p.m. Business Development Manager Davis presented a Power Point presentation explaining that this condition has been in effect since 1984. At this time the applicant was allowed to build an addition to the home with the condition that if they moved from the home they would then have to provide a two car garage or second covered parking space. The applicant is now trying to sell the horne and would like this condition removed. The item was reviewed by the Planning Commission over two separate meetings and it was deemed to not allow the applicant out of the conditions. Mayor Pro Tem Guerra asked how many other situations do we have in the City like this and was told that it is not known at this time. Council Member Cartozian questioned the floor area ratio (FAR) of the home including the garage originally compared to the square footage addition and proposed that this would not meet the more than 50% requirement therefore not require the applicant to add the additional parking. Council Member Trejo noted his concern for the allowance of a carport substitution and would not support this. City Attorney Lee clarified that there is not a substitution of a carport because at the time this agreement was entered into they were allowed and this was offered as an option to meet the requirement of a second covered parking area. Carol Nader, applicant, noted her disagreement with the Planning Commission’s findings and alleged that the report misrepresents the situation and her character. She feels that the conditions of the property would not allow for a two car garage to be built as it would not be attractive to buyers. She stated that she cannot afford to build the garage or even a carport and had agreed to the condition to settle the problems she had with hiring a disreputable contractor to do the job. She explained that she needs to sell the house to be able to move by her daughter and cannot do so with the restrictions attached by the City to the property. Council Member Cartozian noted that staff looks at things in black and white and asked for the Council to consider that what is being considered is a matter of 67 square feet over the 50% improvement ratio and noted that there is 10% margin of error on variances. This is only 6% over the 50% and based on that the Council should allow the variance. It was moved by Council Member Cartozian to allow Zone Variance No. 07-202 and to bring back a Resolution overturning the Planning Commission's denial. For the sake of clarity the seconding of the motion and the vote will be listed below. City Council Minutes 08/12/08 -3- Mayor Pro Tem Guerra noted that this would still be more than 10% of a difference and that he has empathy for the appellant. He stated he drove by the property and read the codes that apply to this issue. He explained that he is torn because a deal was made in good faith and the property owner needs to live up to her end of the deal; however the human element of the situation concerns him Mayor Gafin stated that there is an agreement that was made 24 years ago regardless of what the FAR is now, was then or will be in the future. He noted the agreement allowed her to construct the garage at any time but was required if the property were sold and the situation is now at that point. The following people spoke in favor of the appellant: Belen Sepulveda Lucy Ravero Maria Larkin Grace Vasquez Dr. Sharira A-Malek, resident of Downey, noted that the calculations are not working and suggested that they Council and staff go back and review the item to come up with a solution that is fair and will not set a precedence that the City cannot live with in the future. It was moved by Council Member Cartozian, seconded by Council Member Bayer and so ordered to close the Public Hearing the time being 9:20 p.m. Mayor Pro Tem Guerra asked for clarification on the carport issue and was informed that in 1984 when the covenant was entered into carports were allowed, it was only suggested as a mitigation tool to help the appellant out due to the financial concerns Council Member Bayer stated it is a hard decision either way. Council Member Trejo stated that it is the Council’s job to listen to people and asked for lega clarification on the issue. City Attorney Lee explained that a variance can only be granted on physical findings to the case, not because of economic hardship. Council Member Trejo continued that this might bring out more people with the same type of situation that future Councils will have to deal with, and noted his second to Council Member Cartozian’s previous motion. It was moved by Council Member Cartozian, seconded by Council Member Trejo and failed with Council Member Bayer, Mayor Pro Tem Guerra and Mayor Gafin dissenting, to allow Zone Variance No. 07-202 and to bring back a Resolution overturning the Planning Commission’s denial. It was moved by Mayor Gafin, seconded by Council Member Bayer and carried with Council Members Cartozian and Trejo dissenting, to adopt the Resolution. The meeting recessed at 9:31 p.m. and reconvened at 9:40 p.m. with all Council Members present NON-AGENDA PUBLIC COMMENT: Lucy Rivera, resident of Downey, thanked the Council Members, Commissioner Sears and the Police Department for attending Unity in the Community’s annual picnic and asked for assistance in finding funding for the printing of their newsletter, the Island Breeze. City Council Minutes 08/12/08 -4- Nicholas Derimesterly, explained he was arrested and placed in jail which was put on lock down and prevented him from requesting his possessions from the Downey Police Department within 60 days. He noted he had filed a claim and appealed it and had been turned down. He would like reparations for the loss of his possessions which he feels the Police Department should not have disposed of. Jim Louder, owner of Bob’s Big Boy, thanked everyone for their support on the project. Fernando Vasquez, resident of Downey, thanked Council and staff for their support in his consideration of running for City Council, and announced he would not be able to continue to do so at this time due to work obligations. Russell Rankin, resident of Downey, suggested that the Learning Center try to involve the school children by having rocket model building and other events. CONSENT ITEMS REMOVED: 9.ADOPT ORDINANCE NO. . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO THE SPEED LIMIT FOR ALAMEDA STREET: Public Works. This item was removed at the request of Mayor Pro Tem Guerra and is listed under Other Business below. CONSENT CALENDAR: It was moved by Council Member Bayer, seconded by Council Member Cartozian, and unanimously carried to approve the Consent Calendar items as recommended: 3.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings July 22, 2008: City Clerk. 4.APPROVED WARRANTS ISSUED: Warrant Nos. 233311 – 233910: Wire Nos. 379 – 388 30001718 – 30001735; in the total amount of $15,755,070.58: Finance. 5.APPROVED FIRST SUPPLEMENTAL TO CONTRACT WITH CITY OF LOS ANGELES FOR GRANT ADMINISTRATION OF TRAINING FUNDS FOR THE DOWNEY FIRE DEPARTMENT: Fire. 6.APPROVED SUBRECIPIENT GRANT AGREEMENTS FOR THE FOLLOWING AGENCIES, WITH A COMBINED ALLOCATION OF $144,403 1N COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS: Housing. A. ARC OF SOUTHEAST LOS ANGELES COUNTY: B. DOWNEY UNIFIED SCHOOL DISTRICT: C. RIO HONDO TEMPORARY HOME: D. SALVATION ARMY SOUTHEAST COMMUNITIES: E. SOUTHERN CALIFORNIA REHABILITATION SERVICES: $11 ,500 34.403 17.500 3,000 78,000 7.APPROVED CONTRACT WITH FAIR HOUSING FOUNDATION IN THE AMOUNT OF $15,600 TO PROVIDE FAIR HOUSING SERVICES DURING FISCAL YEAR 2008-09: Housing City Council Minutes 08/1 2/08 -5- 8.ADOPTED RESOLUTION NO. 08-7074, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE CITY CLERK DEPARTMENT: City Clerk ADMINISTRATIVE REPORTS: None OTHER BUSINESS: CONSENT ITEMS REMOVED: 9.ADOPTED ORDINANCE NO. 08-1231, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO THE SPEED LIMIT FOR ALAMEDA STREET: Public Works Mayor Pro Tem Guerra explained that while the City does not like to raise speed limits, it is required by law to do the evaluations and raise or lower the limits as necessary. It was moved by Mayor Pro Tem Guerra, seconded by Council Member Cartozian and unanimously carried to adopt the Ordinance. STAFF COMMENTS: None ADJOURNMENT: The meeting adjourned at 9:59 p.m. to 6:30 p.m. August 26, 2008 in memory of Jordan M. Phillips, M.D., longtime resident; Maria de Jesus Colato, 100 year-old longtime resident; and Norm Barnes, longtime resident. za7+/DIal rekBmeml A/Z SFvID.RBo City Council Minutes 08/12/08