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HomeMy WebLinkAboutMinutes 01-26-10 Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JANUARY 26, 2010 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:30 p.m., January 26, 2010, in the Council Chamberof the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairperson Anne M. Bayer presiding PRESENT:Council Members/Commissioners: Anne M. Bayer Luis H. Marquez Mayor/Chairperson Mayor Pro-Tem/Vice-Chairperson (Arrived at 7:10 p.m.) Roger C. Brossmer David R. Gafin Mario A. Guerra ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Gilbert Livas, Assistant City Manager Edward W. Lee, City Attorney/Agency Counsel Kathleen L. Midstokke, City Clerk/Secretary Desi Alvarez, Deputy City Manager/Special Projects Mark Sauter, Deputy City Manager/Emergency Services Scott K. Pomrehn, Assistant Deputy City Manager Other City Staff PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None. APPROVED CLOSED SESSION MINUTES: January 12, 2009. It was moved by Council Member/Commissioner Brossmer, seconded by Council Member/Commissioner Gafin and was so ordered. RECESSED TO CLOSED SESSION: Mayor/Chairperson Bayer announced the Council/Commission is recessing 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 Gerald Caton re: property located at 12224 Lakewood Boulevard (Downey Studios); negotiating party: Stuart Lichter, Industrial Realty Group; under negotiations: price and terms of payment. 2. Government Code Section 54956.9(c) – Conference with legal counsel – anticipated litigation – initiation of litigation – one case. City Council/Community Dev. Comm. Minutes (adj.) 01/26/10 -1 - 3. Government Code Section 54957.6 – Conference with labor negotiators Council Members Brossmer and Gafin re: direction for labor negotiations with City Manager. 4. Government Code Section 54957 – Public Employee Performance Evaluation – City Clerk It was moved by Council Member/Commissioner Brossmer, seconded by Council Member/Commissioner Gafin and unanimously carried, noting the absence of Mayor Pro-Tem/Vice- Chairperson Marquez, to add the following item to Closed Session: 5. Government Code Section 54956.8 – Conference with real property negotiator Gilbert Livas re: property located at 9715 Firestone Boulevard; negotiating party: Fidelity National Title Corporation; under negotiations: price and terms of payment. It was noted that the abow matter arose after the posting of the agenda and there is need for immediate action. RECONVENED: The meeting reconvened in Open Session at 7:34 p.m. ®th all Council Members/Commissioners present. Mayor Bayer announced they would be returning to Closed Session at the end of the regular meetings. The meeting recessed at 7:34 p.m. and reconvened to Closed Session at 8:37 p.m. Qth all Council Members/Commissioners present. The meeting reconvened in Open Session at 9:24 p.m. Qth all Council Members/Commissioners present. There were no Closed Session actions to report. ADJOURNMENT: The meeting adjourned at 9:24 p.m. r\fT) KATnl Eav’r MIDSTOKKE, City Clerk/Secretary =n Aa irpersi City Council/Community Dev. Comm. Minutes (adj.) 01/26/10 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JANUARY 26, 2010 The City Council of the City of Downey held a Regular Meeting at 7:53 p.m., January 26, 2010, 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 Luis H. Marquez Roger C. Brossmer David R. Gafin Mario A. Guerra Mayor Mayor Pro Tem ALSO PRESENT:Gerald M. Caton, City Manager Edward W. Lee, City Attorney Gilbert Livas, Assistant City Manager Kathleen L. Midstokke, City Clerk Desi Alvarez, Deputy City Manager/Special Projects Mark Sauter, Deputy City Manager/Emergency Services Scott K. Pomrehn, Assistant Deputy City Manager Rick Esteves, Police Chief John Michicoff. Finance Director Thad Phillips, Community Services Director Brian Ragland, Public Works Director Brian Saeki, Community Development Director Jeff Turner, Fire Chief Susan Domen, Deputy City Clerk Other City Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Council Member Guerra mentioned he just returned from a trip to China on behalf of the Latin Business Association to establish trade and friendly city relations; announced that next week there will be a Green Task Force meeting on Tuesday; it is Catholic Schools week and there will be a community breakfast on Wednesday to celebrate; he will be speaking at the Project Area Committee on Tuesday night; he attended a Downey Regional Medical Center Board of Directors meeting this morning with Mayor Bayer; and requested staff to bring back an update on the Apollo Park/Yard consolidation. Council Member Gafin asked Deputy City Manager Sauter to provide an update on Haiti Relief fundraiser. Deputy Sauter noted they had raised more than $19,000 and he would be giving a more detailed presentation later this evening. Council Member Gafin announced that there will be a Gang’s Out of Downey Open House on February 2-d at the Barbara J. Riley Center at 7:30 a.m. City Council Minutes 01/26/10 -1- Council Member Brossmer noted he attended a Neighborhood Watch meeting on Rio Flora Place last night; took a field trip to Treasure Island Park after the last Council Meeting to review the lighting situation; and announced that on February 4th there will be a Downey Art Vibe and Downey Scene art exhibit at the Downey Civic Theatre at 8 p.m. Mayor Pro Tem Marquez recognized his father and uncle in the audience; noted he attended the City of Commerce 50th Anniversary celebration; provided an update on the Orangeline Development Authority noting that the City of Santa Ana is expected to be joining soon bringing the total to 15 cities; and attended the Move LA organization meeting. PRESENTATIONS: None. PUBLIC HEARINGS: 1.APPROVED AN UPDATE TO THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 2006 – 2014 PLANNING PERIOD, GENERAL PLAN AMENDMENT NO. 08-77: Community Development. A. ADOPTED RESOLUTION NO. 10-7174, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVING GENERAL PLAN AMENDMENT NO. 08- 77, THEREBY UPDATING THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 2006 – 2014 PLANNING PERIOD. Mayor Bayer opened the Public Hearing at 8:06 p.m. City Clerk Midstokke affirmed receipt of Proof of Publication. It was moved by Council Member Brossmer, seconded by Council Member Marquez and so ordered to receive and file. Senior Planner Blumenthal presented a Power Point presentation explaining that this covers a period from January 1 , 2006 - June 30, 2014. In June of 2008 the Planning Commission held a hearing on the draft element and on November 2, 2009 a notice from the California Department of Housing and Community Development was received, stating that it is in compliance with State law. The State set the Regional Housing Needs Assessment (RHNA) requirements at 1,108; however, we do not have to build them all immediately. The goals and policies are to maintain Code Enforcement efforts and neighborhood preservation programs; maintain the housing improvement programs and senior paint/fix-up programs; adopt an Ordinance allowing transitional and supportive housing, emergency shelters and single room occupancies; provide a first-time homebuyers program and rental assistance; and adopt a reasonable accommodation Ordinance for persons with disabilities. He concluded by stating that once the Council adopts the Housing Element it will be sent to the State for certification, which takes approximately 90 days. There being no speakers from the Public, it was moved by Council Member Brossmer, seconded by Council Member Gafin and so ordered to close the Public Hearing, the time being 8:11 p.m. There being no further discussion, it was moved by Council Member Gafin, seconded by Mayor Pro Tem Marquez and unanimously carried to adopt the Resolution. 2.APPROVED A REQUEST TO AMEND THE SIDE SETBACKS FOR NEW STRUCTURES IN THE H-M (HOSPITAL MEDICAL ARTS) ZONE, CODE AMENDMENT NO. 06-120 – REVISION B: Community Development. City Council Minutes 01/26/10 -2- A. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION AND APPROVING CODE AMENDMENT NO. 06- 120 – REVISION B, THEREBY AMENDING THE SIDE YARD SETBACKS FOR NEW STRUCTURES WITHIN THE H-M (HOSPITAL MEDICAL ARTS) ZONE. Mayor Bayer opened the Public Hearing at 8:12 p.m. City Clerk Midstokke affirmed receipt of Proof of Publication. It was moved by Council Member Brossmer, seconded by Council Member Gafin and so ordered to receive and file. Senior Planner Blumenthal presented a Power Point presentation explaining that the current development standards are: FAR = 2.0, Height = 75’ (5 stories), Setbacks front 10’, rear 15’, side 15’, street side 10’, abutting residential 46' and building separation 20'. The only change would be the 15’ side yard set-back. 30 cities were contacted for their requirements and the majority are at 0' or 5’. The major concerns are a canyon effect and lack of articulation. A5' side setback would create a Canyon effect, so the tiered setback is being suggested in the taller buildings. Council Member Brossmer asked what the set-back for single family residences is and if it includes articulations. He was told that it is 5 feet and there are no articulations. Council Member Guerra stated that he feels the tiered effect would create more of a canyon look. It was explained that this provides more light and air. Council Member Gafin suggested that the tiered effect be applied to the entire building size; i.e. 3 stories would be 5 foot set-backs, 4 stories would be 10 foot set-backs and 5 story buildings would have a 15 foot requirement. Council Member Brossmer asked if the tier effect would affect the square footage of a building and was told no, because that is determined by the lot size. Council Member Guerra asked how many buildings were turned down in the past year and was told there is only one because this only affects the HM Zones. There being no speakers from the Public, it was moved by Council Member Gafin, seconded by Council Member Brossmer and so ordered to close the Public Hearing, the time being 8:23 p.m It was moved by Council Member Guerra, seconded by Council Member Gafin and unanimously carried to introduce the Ordinance. NON-AGENDA PUBLIC COMMENT: Lee Ann Sears, resident of Downey, invited everyone to participate in the Relay for Life at Downey Adult School on June 5th and 6th. Lawrence Cristen, journalist and resident of Downey, requested that art events be encouraged and to utilize the Avenue Theatre as a showcase for them. Edgar Espinoza, resident of Downey, requested that WiFI be installed at the Downey City Library. City Council Minutes 01/26/10 -3- CONSENT ITEMS REMOVED: 5.ADOPT 2010 INVESTMENT POLICY FOR PUBLIC FUNDS OF THE CITY OF DOWNEY AND ITS RELATED ENTITIES: Finance. This item was removed at the request of Council Member Guerra and is listed under Other Business below. CONSENT CALENDAR: It was moved by Council Member Brossmer, seconded by Council Member Marquez, and unanimously carried to approve the remainder of the Consent Calendar items as recommended: 3.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings January 12, 2010: City Clerk. 4.APPROVED WARRANTS ISSUED: Warrant Nos. 246687 – 247046: Wire Nos. 543 – 548 and 30002069 – 30002077; in the total amount of $3,691,236.20: Finance. 6.RATIFIED GATEWAY CITIES COUNCIL OF GOVERNMENTS BOARD OF DIRECTORS, DECISION TO ACCEPT DELEGATION UNDER SB375 FOR THE PREPARATION OF A SUBREGIONAL SUSTAINABLE COMMUNITIES STRATEGY (SCS): Administration. 7.CASH CONTRACT NO. S.S. 592 – STREET IMPROVEMENTS AT VARIOUS LOCATIONS (DOWNEY AVENUE, BROOKSHIRE AVENUE, RIVES AVENUE AND 5TH STREET): AWARDED CONTRACT TO SULLY-MILLER CONTRACTING COMPANY IN THE AMOUNT OF $1,923,800; AND APPROPRIATED $831,734 FROM PROPOSITION C LOCAL RETURN FUND: Public Works. 8.CASH CONTRACT NO. 664B – FIRE STATION NO. 1 PERIMETER WALLS PROJECT: AWARDED CONTRACT TO TITANIUM CONSTRUCTION GROUP, INC. IN THE AMOUNT OF $25,998: Public Works. 9.ADOPTED RESOLUTION NO. 10-7175, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING SPECIFIC REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA): Finance. ADMINISTRATIVE REPORTS: None OTHER BUSINESS: CONSENT ITEMS REMOVED: 5.ADOPTED 2010 INVESTMENT POLICY FOR PUBLIC FUNDS OF THE CITY OF DOWNEY AND ITS RELATED ENTITIES: Finance. Council Member Guerra stated that he pulled this item because he feels it is too important to approve under the Consent Calendar and requested Finance Director Michicoff to give a brief report, Finance Director Michicoff explained that the funds are kept in safe, yielding, non-risky investments that are usually federally backed items or medium corporate notes. He explained the need to keep them liquid and that investments are made with the greatest reasonable yield. City Council Minutes 01/26/10 -4- It was moved by Council Member Guerra, seconded by Council Member Gafin and unanimously carried to adopt the Investment Policy. STAFF COMMENTS: City Manager Caton requested Deputy City Manager Sauter to give a report on the Haiti relief fundraiser. Deputy Sauter noted that it was a great event and the community showed a lot of support. He cautioned everyone to be ready for an earthquake by having emergency supply kits in their homes, cars and businesses. He concluded by thanking everyone for the support and donations given to the event. The meeting recessed to Closed Session at 8:40 p.m. and reconvened at 9:24 p.m. with all Council Members present. There were no actions to report. ADJOURNMENT: The meeting adjourned at 9:24 p.m. to 6:30 p.m., February 9, 2010, in memory of Glen W. Bell, Jr., who opened the 1 ;t Taco Bell March, 1962, in Downey; Nick Hasir, 104 years old, longtime Downey resident, and Fred Van Leuven, longtime Downey resident. Lbuy4xUHra:it' KATHLEEN L. MIDSTOKKE, City Clerk a City Council Minutes 01/26/10