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HomeMy WebLinkAbout03. Minutes - 05-24-11 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING MAY 24, 2011 The City Council of the City of Downey held a Regular Meeting at 7:35 p.m., May 24, 2011, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Luis H. Marquez presiding. PRESENT: Council Members: Luis H. Marquez Mayor Roger C. Brossmer Mayor Pro Tem David R. Gafin Mario A. Guerra Fernando Vasquez ALSO PRESENT: Gerald M. Caton, City Manager Gilbert Livas, Assistant City Manager Yvette M. Abich Garcia, City Attorney Joyce E. Doyle, Interim City Clerk Shannon DeLong, Assistant to the City Manager Rick Esteves, Police Chief John Michicoff, Finance Director John Oskoui, Public Works Director Thad Phillips, Community Services Director Brian Saeki, Community Development Director Lonnie Croom, Fire Chief Shirley Conte, Secretary to the City Council Other City Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Council Member Vasquez congratulated the Kiwanis Club for awarding $31,000 in scholarships; requested Code Enforcement continue enforcement of illegal street vendors and noted in particular the ramp of the I-5/I-605 Freeways at Studebaker Road and Florence Avenue; mentioned attending the California Contract Cities Association conference in Indian Wells where he noted attending a seminar on development and how to use open space presented by Rick Carruso of Carruso Development. Council Member Gafin announced the annual Memorial Day ceremony at the Downey Cemetery on Monday, May 30, at 11:00 a.m.; the Dog Party at Rio San Gabriel Park on Saturday, June 4, from 9:00 a.m. to 12:00 p.m.; and requested the Police Department schedule heavier patrols at schools for the remainder of the school year to enforce illegal parking during student drop-off and pick-up. Council Member Guerra mentioned attending the California Contract Cities Association conference where he and Mayor Pro Tem Brossmer met with Los Angeles County Supervisor Don Knabe; noted State Controller John Chang presented a review of what is taking place in the State; and said other topics were modern media technology for cities and public integrity with District Attorney Steve Cooley and Dave Deukmejian from the Los Angeles County Office of Integrity. He mentioned the Keep Downey Beautiful (KDB) cleanup last Saturday along the railroad tracks and -1- City Council Minutes 05/24/11 advised KDB is one of the reasons Downey is a finalist in the All America City contest. He advised there will be a citywide KDB cleanup in September at Rio San Gabriel Park. He mentioned he, Council Member Gafin and Mayor Pro Tem Brossmer attended the annual Public Works Employee Awards breakfast and thanked Public Works staff for the work they do for the City; noted the Downtown Subcommittee met last week; pointed out he and his family ate in Downtown Downey last Friday night and could not find a parking space as the various venues were busy; advised the annual Greek Festival will take place on June 4 and 5; noted he and Council Member Gafin attended a ribbon cutting for a new hair studio business; and advised that the Coca-Cola Bottling Company hosted the Green Chamber Committee lunch meeting today with about 50 attendees and noted the large savings Coca-Cola experienced in its trash bill due to recycling. Mayor Pro Tem Brossmer mentioned attending the California Contract Cities Association conference where the lunch speaker was Bill Fujioka, the Chief Executive Officer for Los Angeles County, and advised that he and Council Member Guerra discussed the Rancho Development with Mr. Fujioka and were encouraged to schedule a follow-up meeting. He noted attending a Downtown Subcommittee Meeting; will attend the Older American Awards in downtown Los Angeles tomorrow; will attend the Greek Festival on June 4; and will attend the American Cancer Society’s Relay for Life event on June 4 at Downey Adult School. He advised that the Learning Center will provide free admission from Memorial Day through Labor Day to active duty military and their families and noted the Center will hold its first annual Downey inaugural robotics competition on Saturday, May 28, where both Downey and Warren high schools will compete. He thanked Executive Director Scott Pomrehn and his staff for scheduling this event. Mayor Marquez welcomed everyone and thanked them for participating in the Council meetings. He mentioned attending the California Contract Cities Association conference, noting a session on accountability and audits; noted attending the International Conference of Shopping Centers in Las Vegas where about 40,000 retailers/developers gathered and said people know who the City of Downey is and commended Community Development Director Saeki and his staff for this recognition. He advised the Columbia Memorial Space Science Learning Center will have four thth week-long space camps this summer for 4 through 9 graders and encouraged parents to have their children attend. PRESENTATIONS: Mayor Marquez presented a Proclamation for Older Americans Month to Nadine Morris, this year’s Older American of Year honoree for Downey. Mayor Marquez introduced Captain Miner from the California Highway Patrol (CHP). Captain Miner presented the CHP’s 10851 Award for the recovery of stolen vehicles to Downey Police Officers Jaime Llamas and Michael Hernandez. He noted the CHP is designated by a Governor’s executive order as the statewide coordinator for vehicle theft prevention and these awards are given in coordination with the Automobile Club of Southern California. Mayor Marquez presented Certificates of Recognition to Warren High School AVID (Advancement Via Individual Determination) Program Seniors. He called upon Mr. David Cha and Mrs. Christa Murphy, Warren High School AVID coordinators and Mr. Cha introduced 2011 AVID program scholars Kelly Apaza, who was awarded a Dell Scholarship, and Desiree Greenhouse (not in attendance) and Hector Rivera, who were awarded Gates Millennium Scholarships. -2- City Council Minutes 05/24/11 PUBLIC HEARINGS: 1. APPEAL OF THE PLANNING COMMISSION APPROVAL OF PLN CASE NO. 10-08161 – A REQUEST TO MODIFY THE CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 08-62, INCREASING THE NUMBER OF PARTICIPANTS AT AN ADULT DAY CARE FACILITY FROM 127 TO 200 ON PROPERTY LOCATED AT 12130 PARAMOUNT BOULEVARD, ZONE C2 (GENERAL COMMERCIAL): Community Development. A. ADOPTED RESOLUTION NO. 11-7264, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF PLN CASE NO. 10-08161 – A REQUEST TO MODIFY THE CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 08-62, THEREBY INCREASING THE NUMBER OF PARTICIPANTS AT AN ADULT DAY CARE FACILITY FROM 127 TO 200, ON PROPERTY LOCATED AT 12130 PARAMOUNT BOULEVARD, ZONED C2 (GENERAL COMMERCIAL). opened the Public Hearing Mayor Marquez at 8:13 p.m. Interim City Clerk Doyle affirmed receipt of Proof of Publication. It was moved by Mayor Pro Tem Brossmer, seconded by Council receive and file. Member Gafin, and so ordered by the Mayor to Mayor Pro Tem Brossmer and Council Member Gafin reported for the record that they received e-mails from Mr. Davila and from AltaMed Health Services and received a packet from AltaMed that included a timeline of events and a letter to City Planner Davis but stated they did not make contact with either party. Mayor Marquez and Council Member Vasquez reported they met with representatives from AltaMed and Council Member Guerra advised he met with both Mr. Davila and representatives of AltaMed. City Attorney Abich Garcia requested that one of the Council Members provide any information received from applicant Davila or from AltaMed to the City Clerk for incorporation into the administrative record. City Planner William Davis presented a PowerPoint program advising this request appeals a decision by the Planning Commission to approve an increase in the number of participants at an adult day care center from 127 to 200, which will consist of 160 adults and 40 employees. He explained Mr. Bob Davila, the property owner to the east of the subject site, expressed concerns about the number of people coming and going from the property and advised that two public hearings were held by the Planning Commission. The subject site is located at the southwesterly area of the City on Paramount Boulevard and Albia Street and Mr. Davila lives to the east on Albia Street, a small cul-de-sac of 14-15 houses. Mr. Davis reviewed vehicle entry, the number of parking spaces and conditions of the property, the parking lot, drop off area and Albia Street from west to east. He noted Mr. Davila made a timely appeal and expressed concerns with trash accumulation, weeds, increased van traffic, possible damage to his block wall adjoining the site, water accumulation on the public sidewalk on Albia Street, and felt the increased traffic would present a hazard to the community. City Planner Davis advised the Planning Commission considered the concerns and recommends the Council approve Conditional Use Permit (CUP) No. 08-62 increasing the number of participants at the facility from 127 to 200 and deny the appeal. He responded to questions from the Council regarding the number of van trips, queuing of vans, hours of operation, and advised that no additional complaints were received but Mr. Davila did provide a petition signed by several residents in support of his appeal. Mayor Pro Tem Brossmer pointed out he was on the Planning Commission when the CUP was initially approved. -3- City Council Minutes 05/24/11 Mr. Bob Davila, the applicant at 8024 Albia Street, advised he has lived in Downey for 45 years and has no complaints about AltaMed as a company but is against the increase in participants, is concerned for the protection of his block wall adjoining the subject property and is concerned with the possible overflow of vehicles onto Albia Street. He reviewed the history of the site and felt it should be rezoned for medical use with the current occupants and referred to Downey Municipal Code Section 9712, table 9.3.7, regarding parking, stating AltaMed does not have enough spaces according to the ratio noted and felt the overflow of vehicles will end up on Albia Street. He noted several of his neighbors are present to request that the Council approve the appeal and deny the CUP and he submitted paperwork to the Council showing the congestion from the few vehicles at the site now. Copies of these documents were also given to the representatives of AltaMed. Mayor Pro Tem Brossmer pointed out the CUP can be revoked if AltaMed does not meet the terms and Mr. Davila noted he was not aware of this fact. Mayor Marquez asked for a show of hands of people in the audience in favor of the appeal and seven people raised their hands. Ms. Angela Roberts, Vice President of Facility Development and Chief Information Officer for AltaMed Health Services Corporation, 500 Citadel Drive, Suite 490, Los Angeles, CA 90040, and Program Director Maria Anaya came forward in opposition to the appeal. Ms. Roberts gave background on AltaMed Health Services Corporation and advised they have been at this site for 3 years. She responded to the concerns expressed by Mr. Davila and noted their program provides 4 to 5 hours of rehabilitative services to adults with pickup hours from 7:30 to 9:30 a.m. and then again around 12:30 to 1:30 p.m. when the participants are taken home. The transportation company, Empire Transportation, has been asked not to queue on Albia Street but to queue on Paramount Boulevard and drivers were instructed to pull up close to the entrance to allow cars in the parking lot to go around them to exit onto Paramount Boulevard and not Albia Street. She noted it is AltaMed's intent to work with Mr. Davila and said the vans are parked on the southerly side of the parking lot away from his property. She referred to a statement in the petition submitted by the residents that AltaMed’s patients are walked along Albia Street as part of their therapy and explained that Title 22 regulates the program and mandates monthly fire drills. She said there is an exit onto Albia Street but that patients never go further than the parking lot and then go back into the building. She advised participants of the facility are in the audience. Mayor Marquez asked for a raise of hands in opposition to the appeal and there were 11 hands raised. Mayor Marquez asked if the applicant wished to speak in rebuttal. Mr. Davila said this location will not accommodate 200 people and 40 cars and said the residents on Albia Street will be affected by the increased vehicles. It was moved by Council Member Gafin, seconded by Council Member Vasquez, and so close the Public Hearing the time being 9:02 p.m. ordered by the Mayor to After further comment by the Council, it was moved by Mayor Pro Tem Brossmer, seconded adopt the Resolution. by Council Member Gafin and unanimously carried to NON-AGENDA PUBLIC COMMENT: No one came forward to speak. -4- City Council Minutes 05/24/11 CONSENT CALENDAR: It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Vasquez and approve the Consent Calendar as recommended. unanimously carried to 2. APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings May 10, 2011: City Clerk. 3. APPROVED WARRANTS ISSUED: Warrant Nos. 258814 - 259178; Wire Nos. 30002395 – : 30002404 and 734 – 737; in the total amount of $4,143,215.98 Finance. 4. CASH CONTRACT NO. S.S. 626 – SLURRY SEAL PROJECT: AWARDED CONSTRUCTION CONTRACT TO DOUG MARTIN CONTRACTING COMPANY IN THE AMOUNT OF $144,453: Public Works. 5. CASH CONTRACT NO. 674 – DOWNEY THEATRE AND PUBLIC LIBRARY HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS RETROFIT PROJECT (PHASE 1): REJECTED BIDS RECEIVED AND AUTHORIZED STAFF TO RE-SOLICIT FOR BIDS: Public Works. 6. APPROVED RENEWAL OF AGREEMENT WITH THE CITY OF SANTA FE SPRINGS FOR AUTOMATED LIBRARY MANAGEMENT FOR A PERIOD OF ONE YEAR: Community . Services 7. APPROVED AMENDMENT TO AGREEMENT WITH CF ENVIRONMENTAL, INC. FOR ENVIRONMENTAL TESTING, ENGINEERING AND MONITORING SERVICES FOR A ONE YEAR PERIOD: Public Works. 8. APPOINTED STAFF REPRESENTATIVES TO THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY: Administration. 9. LIGHTING AND LANDSCAPING DISTRICT, ASSESSMENT DISTRICT 121, FISCAL YEAR 2011-12: Public Works. A. ADOPTED RESOLUTION NO. 11-7265, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE ENGINEER’S REPORT FOR ASSESSMENTS WITHIN THE LIGHTING AND LANDSCAPE DISTRICT, ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2011-12; B. ADOPTED RESOLUTION NO. 11-7266, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO LEVY AND COLLECT LIGHTING AND LANDSCAPING ASSESSMENTS WITHIN THE LIGHTING AND LANDSCAPE DISTRICT, ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2011-12; AND SET A PUBLIC HEARING FOR JUNE 13, 2011, TO ACCEPT PUBLIC INPUT ON THE MATTER OF THE PROPOSED ASSESSMENTS. 10. ADOPTED RESOLUTION NO. 11-7267, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE SUBMISSION OF APPLICATIONS FOR THE 2011 CALIFORNIA STATEWIDE PARK PROGRAM: Administration. -5- City Council Minutes 05/24/11 11. ADOPTED RESOLUTION NO. 11-7268, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING AND APPROVING A LETTER OF AGREEMENT BETWEEN AND AMONG THE CITIES OF CERRITOS, DOWNEY, HUNTINGTON PARK, LAKEWOOD, LONG BEACH, LYNWOOD, NORWALK, PARAMOUNT, PICO RIVERA, SANTA FE SPRINGS, SIGNAL HILL, SOUTH GATE, VERNON, WHITTIER, AND PICO WATER DISTRICT FOR ESTABLISHING A REGIONAL ALLIANCE TO COMPLY WITH SB X7-7, THE WATER CONSERVATION ACT OF 2009: Public Works. ADMINISTRATIVE REPORTS: 12. SCHEDULED DATE AND TIME FOR A STUDY SESSION TO REVIEW THE PROPOSED 2011-12 BUDGET: Finance. City Manager Caton advised staff is suggesting Tuesday, June 7, at 4:00 p.m. for a Budget Study Session. It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Gafin and schedule the date of Tuesday, June 7, at 4:00 p.m. for a Budget Study unanimously carried to Session . 13. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE, ARTICLE VIII, CHAPTER 10, REGULATING ART IN PUBLIC PLACES: Community Services. Community Services Director Phillips explained that the Council approved an Art in Public Places program in 2005 which included an Art in Public Places Committee to approve projects and make recommendations to the Council for approval. The Ordinance before the Council tonight will discontinue the Art in Public Places Advisory Committee as staff feels it would be more beneficial for them to work directly with Council to approve art projects. Mayor Pro Tem Brossmer asked how many projects the Arts in Public Places Committee approved in 5 years and was informed there were three, with one initiated by the Council. Council Member Guerra asked when the last meeting of the Art in Public Places Committee was and was informed January 2010. He asked how much is in the arts fund and was advised it is $376,242. Mr. Andrew Waahlquist, a member of a new group called the Downey Arts Coalition stated art organizations have been declining over the years and we need to get the public and community to connect with local artists. He suggested a committee that gives the public a voice with ways to coordinate and pick up grants. City Manager Caton wished him good luck with the group and said such a group is something the City needs and is interested in working with. He noted most of the art projects have been generated through the City Council. Mr. Waahlquist asked if the public wants to get involved, what outlet they have and was informed to put together a proposal to the Council. Interim City Clerk Doyle noted receipt of an e-mail from Mr. George Redfox voicing opposition to disbanding the Art in Public Places Committee. Mark Mailien, Downey resident, opposed the Ordinance and asked why the group has not met in 1-1/2 years and questioned the composition of the group. It was moved by Council Member Guerra, seconded by Mayo Pro Tem Brossmer and introduce an Ordinance amending the Downey Municipal Code, Article unanimously carried to VIII, Chapter 10, regulating art in public places . -6- City Council Minutes 05/24/11 14. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE III, CHAPTER 1, PART 12, OF THE DOWNEY MUNICIPAL CODE ADDING A NEW SECTION 3178 ESTABLISHING RESIDENTIAL PREFERENTIAL PARKING DISTRICTS: Public Works. Director of Public Works Oskoui explained that the City currently does not have a mechanism in place for establishing preferential parking districts. He noted California Vehicle Code Section 22507 gives local agencies the authority by Ordinance or Resolution to establish districts in which parking privileges are given to residents or merchants by issuing permits exempting them from parking restrictions that otherwise would apply. He noted the City received a petition from residents in the area of Dunrobin Avenue requesting the establishment of a preferential parking district. This request was used as an example to establish a pilot program to study and find a formula to establish a preferential parking district throughout the City. He noted staff met with the Public Works Committee in March of 2011 and has recommended the report before the Council tonight to introduce an Ordinance establishing the guidelines for establishing preferential parking districts. He reviewed the requirements included, such as a application fee, limit on number of parking spaces and vehicles not eligible and responded to questions from the Council regarding the restrictions, how many streets would possibly qualify, the petition process and the study initiated, staff costs, application fee and annual cost to each household. It was noted the parameters are tough enough not to allow many neighborhoods to become a preferential parking district. Council Member Gafin advised he initiated this process at the request of a neighborhood watch group and it was found there was nothing in the City’s records that allowed or disallowed a preferential parking district. He noted this group was used as a test area and said the charges may be high but it is a plan to have on record should there be an area impacted by parking. It was moved by Council Member Gafin, seconded by Mayor Pro Tem Brossmer and introduce the Ordinance. unanimously carried to 15. DIRECT STAFF TO PREPARE AN ORDINANCE THAT WOULD ALLOW THE CITY TO REQUIRE NON-RESIDENTS TO REIMBURSE THE CITY FOR THE COSTS OF SENDING EMERGENCY RESPONDERS TO ACCIDENT SCENES OCCURRING WITHIN CITY LIMITS: Administration. City Manager Caton noted Downey is a full-service City and spends a lot of money on public safety. He explained that many cities running deficits have been looking at ways to generate additional revenue and have adopted Ordinances requiring payment by non-residents for public safety services utilized during an accident. He noted the concept is to require non-Downey residents to pay for the public safety services incurred when a traffic accident occurs, pointing out that sometimes there is a response by all four public safety divisions to an accident site. He advised there have been 6,863 accidents in the last 3 years, with approximately 56 percent involving non- Downey. He said the City has been following legislation and noted the senate bill proposed failed to pass the senate committee. The proposal before the Council is a policy matter on whether the Council would like staff to draw up an Ordinance or not. The Council discussed fees currently recouped for emergency services, from driving under the influence incidents (DUI’s), from incident reports and from non-resident paramedic services and the amount of funds generated in cities who have adopted this type of Ordinance. It was mentioned the City should not charge as an accident is an accident, the City is trying to be business friendly, and this sends the wrong message. Council Member Vasquez did feel DUI cases should have to pay. Council Member Guerra advised the City spends over $3 million on average to serve non- Downey residents and could generate $1 million, if it averaged $250 per incident. -7- City Council Minutes 05/24/11 Fire Chief Croom advised the City currently charges non-residents for paramedic services and for DUI’s and thought it was fair to charge out-of-City residents for services used during accidents and Police Chief Esteves was not in favor, stating the City is service oriented. He noted the insurance companies charge substantially for the party at fault and said this Ordinance would possibly charge both parties. Council Member Guerra advised the City Attorney could review the different Ordinances and come back to the Council with details. John Lacey, resident, suggested, if the City implements the Ordinance, to provide more transparency, that it consider implementing an educational program to notify non-residents that they will receive a bill if they are involved in an accident. send It was moved by Council Member Guerra, seconded by Mayor Pro Tem Brossmer to the request back to the City attorney for review and the motion failed by a 3-2 vote, with Mayor Marquez, Mayor Pro Tem Brossmer and Council Member Gafin voting no. OTHER BUSINESS: STAFF COMMENTS: City Manager Caton advised that John Perfitt, Assistant Community Development Director will be leaving Downey for a position in the City of Los Angeles to work for a non-profit housing organization and commended Mr. Perfitt for the work and impact he has had on the City. The City Council Members commended Mr. Perfitt’s professionalism, his impact on the downtown area, his skills in the area of redevelopment, his input in making Downey a more business friendly City, and his assistance during the Tesla and Verizon deals and wished him the best of luck in his new endeavor. ADJOURNMENT: The meeting adjourned at 10:18 p.m. to 4:00 p.m., June 7, 2011, for a Budget Study Session. _________________________________ ______________________________ JOYCE E. DOYLE, Interim City Clerk LUIS H. MARQUEZ, Mayor -8- City Council Minutes 05/24/11