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HomeMy WebLinkAboutMinutes - 11-10-08 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING NOVEMBER 10, 2008 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:35 p.m., Nowmber 10, 2008, in the Council Chamberof 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 Rick Trejo Kirk O. Cartozian Mayor/Chairperson Mayor Pro Tem/Vice-Chairperson (absent) ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Lee Powell, Assistant City Manager/Executive Director Edward W. Lee, City Attorney/Agency Counsel Joyce E. Doyle, Acting City Clerk/Secretary Scott K. Pomrehn, 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: October 28, 2008. It was moved by Mayor Pro Tem/Vice-Chairperson Guerra, seconded by Council Member/Commissioner Trejo and so ordered to approve. RECESSED TO CLOSED SESSION: Mayor/Chairperson Gafin announced the Council/Commission is recessing to Closed Session (6:36 p.m.) to discuss matters under the authority of the following sections of the Government Code: 1.Government Code Section 54957.6 – Conference with labor negotiator Lee Powell re: direction for labor negotiations with City Employees Association – Miscellaneous and Maintenance; Public Safety Auxiliary; and Executive Management, Middle Management and Confidential/Exempt. 2. Government Code Section 54956.8 – Conference with real property negotiator Gilbert Livas re: property at 8233 Firestone Boulevard; negotiating party: Raul Porto; under negotiations: price and terms of payment. City Council/Community Dev. Comm. Minutes (adj.) 11/10/08 -1 - RECONVENED: The meeting reconvened in Open Session at 7:32 p.m. Qth all Council Members/Commissioners present. ADJOURNMENT: The meeting adjourned at 7:32 p.m. rEau Acting=ity i fChairperson City Council/Community Dev. Comm. Minutes (adj.) 11/1 0/08 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING NOVEMBER 10, 2008 The City Council of the City of Downey held an Adjourned Regular Meeting at 7:33 p.m., November 10, 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 Joyce E. Doyle, Acting City Clerk Scott K. Pornrehn, Assistant Deputy City Manager Desi Alvarez, Deputy City Manager/Special Projects Linda Haines, Building Director Gilbert Livas, Deputy City Manager/Community Development John Michicoff, Finance Director John Perfitt, Economic Development Director Brian Ragland, Public Works Director Mark Sauter, Fire Chief Susan Domen, Deputy City Clerk Other Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Mayor Pro Tem Guerra mentioned he went on a ride along with the Fire Department and noticed the importance of neighborhood watch groups and the citizens continued participation; he requested staff look into stronger penalties for sign violations, such as ones nailed to trees; and noted a letter received complementing the Keep Downey Beautiful program. Council Member Cartozian mentioned he attended the Chamber of Commerce Business Watch meeting and the Employee Service Awards recognition luncheon; he congratulated Downey High on their winning the Downey/Warren Football game; he recognized Council Members Elect: Luis Marquez, District 5 and Roger Brossmer, District 3 in the audience; and congratulated Mayor Gafin on his successful re-election. Council Member Bayer recognized her commissioners Lee Ann Sears, Dwight Simpson and Julie Simpson in the audience; and congratulated Downey High School on winning the Downey/Warren Football game. Council Member Trejo commended the Police Department on crowd control after the Downey/Warren Football game; and requested a report on Rio Hondo Golf Course’s finances. City Council Adj. Minutes 1 1/10/08 -1- Mayor Gafin congratulated Council Members Elect on their successful campaigns; he recognized Chamber of Commerce President Rick Rodriguez and his wife Brenda in the audience; he invited everyone to the Columbia Memorial Space Science Learning Center dedication on Saturday, November 15th and to the Mayoral Transition Ceremony on December 2-d; stated that he had previously requested a listing of all vacant and foreclosed properties within the City and he would like it completed and given to Code Enforcement so that they watch the properties; and asked where the list of housing under construction that has stopped and if their permits have expired is. PRESENTATIONS: None. PUBLIC HEARINGS: 1.APPEAL TO CONDITIONAL USE PERMIT 08-1 1, REVISION A, AND ZONE VARIANCE NO. 08-99: Community Development. A. ADOPT RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL OF A DECISION BY THE PLANNING COMMISSION TO DENY CONDITIONAL USE PERMIT (CUP) NO. 08-11, REVISION A AND ZONE VARIANCE NO. 08-99 – TO MODIFY THE CONDITIONS OF APPROVAL OF CUP NO. 08-11 FOR THE FLOOR PLAN OF THE DANCE STUDIO; TO DEVIATE FROM SECTION 9150 OF THE DOWNEY MUNICIPAL CODE TO REDUCE THE REQUIRED NUMBER OF PARKING SPACES BY THIRW-TWO (32) SPACES; AND A DEVIATION FROM SECTION 9124.08 OF THE CODE TO REDUCE THE REQUIRED SIDE YARD SETBACK TO 22 FEET, AT 12912 PARAMOUNT BOULEVARD, ZONED C-2 (GENERAL COMMERCIAL). Mayor Gafin opened the Public Hearing at 7:45 p.m. Acting City Clerk Doyle affirmed receipt of the Proof of Publication. It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Guerra and so ordered to receive and file. Assistant Planner Shion Hori presented a Power Point presentation explaining that this item came before the Planning Commission on May 21, 2008 with a total assembly area of 2095.5 square feet and was approved. On August 28, 2008 the applicants filed a revision to the CUP and a Zone Variance, requesting that the existing conditions be allowed to remain. She explained that due to the additional assembly area being requested, it required a Zone Variance for additional parking spaces and a 22 foot side yard setback. She continued that on October 1 ;t the Planning Commission held a Public Hearing and determined that the applicant could not meet the findings for approval and denied the request. She noted that the applicants are requesting to be classified as a gymnasium under the newly adopted Zoning Code instead of a karate/vocational/trade school. Planner Hori noted that even if the parking variance were to be considered under the new Code1 the site would still be 20 spaces short of the requirement. She concluded that staff believes there is a flow of traffic different from a gymnasium and the applicant does not meet the findings for the requested variance. Mayor Gafin asked for clarification of the number of parking spaces required under the new Zoning Code for a karate school and a gymnasium and was told that the gymnasium classification would require 23 spaces and the karate school requires 46 spaces. City Attorney Lee pointed out that the newly adopted Zoning Code is not in effect at this time and this item must be considered under the current Code. He suggested the Council may want to deny the appeal without prejudice allowing the appellant to go through the application process again once the new Code has taken effect. City Council Adj. Minutes 1 1/10/08 -2- Mayor Pro Tem Guerra questioned when dance studios where taken out of the Code and why; and stated that he felt it hard to judge something on a Code that will no longer exist in two weeks Council Member Cartozian asked for clarification on what the assembly area includes and was told the dance areas only. He stated that the type of designation is important and he does not feel a dance studio should be classified the same as a vocational/trade school. He would like this addressed more clearly in the future. Glen Gomez, appellant and owner Onstage Dance Center, presented handouts for the Council, stated that he feels a dance studio should not be classified as a karate/vocational/trade school as it is for children only and they are dropped off and picked up. He noted that the required amount of parking spaces needed would be 23 instead of 46 if they were classified as a gymnasium. He continued explaining that if they had to eliminate the dance rooms, it would greatly affect their business and possibly shut them down. Mr. Gomez noted that they address parking issues by staggering class times. He explained that he did a parking survey over a two week period between the hours of 5 p.m. and 8 p.m. and at no time was the parking lot full. Council Member Bayer asked how long the business had been in Downey and was told they bought the business in August of 2000 and was previously Belinda’s Dance Studio and they have been at this location for 3 years. Mayor Pro Tem Guerra questioned if the business could extend their hours either during the week or on Saturdays to cover the loss of classroom space. Elizabeth Vega, appellant and owner Onstage Dance Center, explained that on the weekends the dancers are usually attending local events entertaining or at competitions. She mentioned that they are heavily involved in community events from the Street Faire to allowing the Civic Light Opera the use of the studios for rehearsals. She feels she has complies with the City’s requirements and that removing dance space will harm the business. The following people spoke in favor of granting the CUP and Zone Variance: Marsha Moode Misty Housman Bill English Randy Davis Joe Cabino The following person spoke in opposition to granting the CUP and Zone Variance and presented photos for the Council: Benjamin Coute Glen Gomez, appellant, replied to statements made in opposition clarifying that the fires that took place in the alley were not from their trash receptacle but was the carport behind them; noted that their hallways are 5’8“ wide, greater than the required width; as well as they have installed emergency lighting, exits plans, fire extinguishers and door hardware to comply with the Fire Codes. He noted that a one year restraining order has been issued against Mr. Coute prohibiting him from the business. Council Member Cartozian questioned how long they had occupied the building and when the improvements took place and was told the studio has been there 3 years and the space is the same as it was when they moved in. He then asked if the building had fire sprinklers and it was explained that per the Fire Department they are required to have a monitored alarm system and smoke detectors which they have installed. He concluded by asking if they knew the patio was unpermitted when they bought the building and if they feel they have adequate amount of parking for the business to which Mr. Gomez replied that they were unaware of the patio being unpermitted at the time of purchase but have since been made aware of it, and yes, he feels they have adequate parking City Council Adj. Minutes 1 1/10/08 -3- Mayor Pro Tem Guerra asked the appellant why they agreed to the CUP in May and are now trying to change it and was told that the May meeting of the Planning Commission approved the use of the building and the owners had evaluated the situation and determined that the business cannot be successful if they are required to reduce the classroom space. It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Guerra and so ordered to close the Public Hearing the time being 8:41 p.m Mayor Gafin requested the City Attorney to explain the options the Council has before them. City Attorney Lee explained that the reclassification is not available at this time because the new Zoning Code is not yet in effect. He noted that before the Council is the requested parking variance and 22 foot side yard set-back variance. He suggested that the Council deny the appeal without prejudice, therefore, allowing the appellant to reapply once the new Code is in effect and a reclassification could be addressed at that time. Council Member Cartozian noted that he does not agree with the current classification and suggested it be revisited in the future; he asked legal counsel if the item could be continued and brought back once the new Zoning Code has gone into effect and was told that the Council could continue the item for 30 days but would need to send it back to the Planning Commission for review under the new Code first. Council Member Bayer expressed her concern for the business owners having to go through this issue and would like to see it resolved under the new Zoning Code. Council Member Trejo noted his only remaining concern is with the unpermitted patio area It was moved by Mayor Pro Tem Guerra, seconded by Council Member Cartozian and unanimously carried to continue the item for 30 days and refer the item back to the Planning Commission for review under the new Zoning Code. Prior to the vote, Mayor Gafin explained to the appellants what this motion means and stated that he is not comfortable with the unpermitted patio. The meeting recessed at 9:03 p.m. and reconvened at 9:11 p.m. with all Council Members present NON-AGENDA PUBLIC COMMENT: Benjamin Coute, resident of Downey, declared a point of order stating that the Public Hearing item would have to be reviewed under the existing Code that is in place at the time of the application otherwise the applicant would need to reapply once the new Code is in effect. He also noted that City monuments/plaques used to say “Home of the Apollo” and he would like that continued 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: 2.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings October 28, 2008: City Clerk. City Council Adj. Minutes 1 1/1 0/08 -4- 3.APPROVED WARRANTS ISSUED: Warrant Nos. 235858-236266; Wire Nos. 30001781- 30001789 and 402-404; in the total amount of $3,999,273.19: Finance. 4.AUTHORIZED APPROPRIATION OF $30,000 FROM ASSET FORFEITURE FUNDS FOR AN UNSCHEDULED PURCHASE OF A NEW COMPUTER SERVER AND SOFTWARE FOR THE POLICE DEPARTMENT’S COMMUNICATIONS CENTER: Police. 5.APPROVED AGREEMENT WITH DOWNEY STUDIOS FOR OVERFLOW AND SPECIAL EVENT PARKING FOR THE COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER AND DISCOVERY SPORTS COMPLEX: Economic Development. Supplemental information was distributed regarding City insurance coverage. 6.CASH CONTRACT NO. 661 : QUILL DRIVE 8-INCH SEWER MAIN EXTENSION: ACCEPTED THE CONSTRUCTION AND MAINTENANCE RESPONSIBILITY; AND THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $31,000: Public Works. 7.CASH CONTRACT NO. 664: FIRE STATION NO. 1 PERIMETER WALLS PROJECT: REJECTED ALL BIDS AND GRANT AUTHORITY TO RE-ADVERTISE: Public Works. 8.ADOPTED RESOLUTION NO. 08-7087, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 68959 (8764 FIRESTONE BOULEVARD), APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING A FAITHFUL PERFORMANCE BOND AS SURETY: Public Works ADMINISTRATIVE REPORTS: 9.DIRECTED STAFF TO NEGOTIATE A PER CALL/MINUTE AGREEMENT FOR HOSTED MASS NOTIFICATION SERVICES WITH FINAL AGREEMENT TO BE PRESENTED NOVEMBER 25, 2008: Administration. Assistant Deputy City Manager Pomrehn presented a staff report explaining that during the recent boil water order it was determined that a mass notification system needed to be implemented by the City. Since March 2007 the City had been in discussions with Los Angeles County; however, their system is still pending. He noted that staff has researched other systems. He continued that the City would promote the service to the citizens to obtain contact information for residents as well as use public databases; therefore increasing the inclusion of all businesses and residences within the City. He concluded that the system would have a financial impact of approximately $10,000 per year In response to Council discussion, he explained that the system is similar to the school districts and would allow for the inclusion of email notifications, the users would have to input their information through a link on the website and update it when it changes. It was moved by Mayor Pro Tem Guerra, seconded by Council Member Bayer and unanimously carried to direct staff to bring back a finalized agreement at the November 25th meeting. City Council Adj. Minutes 1 1/10/08 OTHER BUSINESS: 10.REQUEST BY MAYOR PRO TEM GUERRA TO SCHEDULE A SPECIAL MEETING OF THE DOWNEY CITY HOSPITAL COMMISSION TO HEAR TESTIMONY FROM THE HOSPITAL ABOUT THEIR CURRENT FINANCIAL CONDITION AND PROSPECTS FOR THE FUTURE. Mayor Pro Tem Guerra stated that the Hospital Commission has already called for a special meeting to occur and he would like to see them have an expanded role in monitoring the hospital. STAFF COMMENTS: None. ADJOURNMENT: The meeting adjourned at 9:33 p.m. to 6:30 p.m., November 25, 2008; in memory of Ruth Saltman, retired Secretary to the City Council. F @(WBmnina%aiR (7 2/7 mA IN, Mayor City Council Adj. Minutes 1 1/10/08