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HomeMy WebLinkAboutMinutes - 02-12-13 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING FEBRUARY 12, 2013 The City Council of the City of Downey held a Regular Meeting at 7:30 p.m., February 12, 2013, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Guerra presiding. PRESENT: Council Members: Mario A. Guerra Mayor Fernando Vasquez Mayor Pro Tem Roger C. Brossmer Luis H. Marquez Alex Saab ALSO PRESENT: Gilbert Livas, City Manager John Oskoui, Assistant City Manager /City Treasurer Yvette M. Abich Garcia, City Attorney Adria M. Jimenez, CMC, City Clerk Shannon DeLong, Assistant to the City Manager Lonnie Croom, Fire Chief Carl Charles, Police Chief Brian Saeki, Community Development Director Arlene Salazar, Parks & Recreation Director Anil Ghandy, Interim Finance Director Gladys Chavez, Secretary The Invocation was delivered by Pastor Johnny Venegas, Jr. of Light and Life Christian Fellowship. The Flag Salute was led by Joshua Kobata, Jason Joo -Young Lee, and Garrett Paul Rodriguez; Eagle Scouts, Downey Troop 2. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE /MEETING REPORTS Mayor Pro Tem Vasquez recognized Kiwanis Club members Alex Gaytan and Thomas House; he reported attending the Independent Cities Association Conference and reported on the workshop he attended, "Hot Fire Department Topics: To Combine or Not to Combine." Stated he attended a Board Meeting regarding the 1 -5 Freeway expansion project; attended an Urban Land Institute Conference on Economic and Sustainable Development; attended the City's 2013 Goal Setting Workshop at the Columbia Memorial Space Center; and, requested the Police Department provide additional patrol in the eastern portion of the City. Council Member Marquez stated he was pleased and honored to see the Downey Football Team CIF Champions in attendance. He reported attending the Independent Cities Association Conference and reported on the workshop he attended, "How to Take Charge of Political and Litigation Threats from Your Safety Union." City Council Regular Meeting Minutes of February 12, 2013 1 Council Member Saab reported attending the Independent Cities Association Conference and reported on the workshop he attended, "How to Take Charge of Political and Litigation Threats from Your Safety Union." He attended a volunteering effort led by the Moravian Church of Downey and �-.. Downey Counts in which volunteers canvassed the streets assessing the homeless population. He mentioned that on February 28 the Barbara J. Riley Community and Senior Center will screen the 1953 film "Flight Nurse." He invited the public to attend the next Parks and Recreation Master Plan meeting that will be held February 23. He mentioned that the Barbara J. Riley Community & Senior Center is offering tax preparation assistance; and, requested staff to look into aesthetically updating the City's website. He welcomed interim Director of the Chamber of Commerce Leigh Clausen and Board of Director Jeannie Wood who were in the audience. Council Member Brossmer recognized Downey Unified School Board Member Nancy Swanson who was in the audience. He reported attending the Independent Cities Association Conference and reported on the lunch session speaker, Los Angeles County District Attorney Jacquelyn Lacey. He mentioned that Stay Gallery is beginning to show case art work by Art Morris; reported attending the 10 Anniversary of the Columbia Shuttle tragedy special ceremony at the Columbia Memorial Space Center where he had the opportunity to speak with Astronaut James M. Kelly. Council Member Brossmer requested an item be placed on the agenda regarding having WiFi in City parks and City buildings. Mayor Guerra mentioned meeting Astronaut James M. Kelly and stated what a class act he was. He reported attending the Independent Cities Association Conference and reported on the workshop he attended, "Surviving the Next Big Critical Incident." He attended a Gangs out of Downey (G.O.O.D.) meeting where along with Education, Prevention, Intervention, and Collaboration (E.P.I.C) a campaign to address bullying will be introduce as well as the Pillars of Character Counts. He invited everyone to a Keep Downey Beautiful volunteer event this weekend on the corner of Stewart & Gray Road and Bellflower Boulevard. He reported speaking at the Downey Coordinating Council and being the key note speaker at St. John Bosco High School, Our Lady of Perpetual Help and Saint Raymond's Catholic School. Mayor Guerra advised that the Stay Gallery will be show casing art work by Downey resident Art Morris. He reported attending a meeting with the Healthy Downey partners: Downey Unified School District, TLC Family Resource Center, Coca -Cola Company, Kaiser Hospital, Rancho Los Amigos Hospital, Apple Care Medical Management, Los Angeles County Health; and, the US Army Advisory Board has advised they would like to be involved. Mayor Guerra requested staff research becoming a Sister City with Roscommon County, Ireland; review the possibility of increasing fines /penalties for graffiti violations. Mayor Guerra reported meeting with the Downey Museum of Art and asked that art work be displayed in the lobby of City Hall. Mayor Guerra's Healthy Downey weight was 288 pounds. PRESENTATIONS: Mayor Guerra recognized local Downey Serviceman Karl R. Snow, as part of the Military Banner Program. Rick Meza of Southern California Edison Awarded a $10,000 Grant to the City Council for "Engaging Students in STEM Careers" through the Columbia Memorial Space Center. Mayor Guerra and Council Member Saab presented a Certificate of Appointment to Jim Rodriguez for his appointment to the Planning Commission for Council District 5. Mayor Guerra presented Certificates of Recognition to Eagle Scouts, Downey Troop 2: Joshua __ _ Kobata, Jason Joo -Young Lee and Garrett Paul Rodriguez. Maurina Flores, Kim Barnett, and Christie Melby- Gibbons, Reverend of the Moravian Church of Downey, gave a presentation about the results of Downey's Homeless Count and showed a brief movie. City Council Regular Meeting Minutes of February 12, 2013 2 Mayor Guerra presented a Certificate of Recognition to Downey High School's CIF Southeast Division Championship Football Team. PUBLIC HEARING 1. ADOPTED RESOLUTION NO. 13-7396, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL OF THE PLANNING COMMISSION'S DECISION TO UPHOLD THE CITY PLANNER'S DECISION TO DENY PLN CASE NO. 12-00201, REGARDING A REQUEST FOR A MODIFICATION OF THE SIDE SETBACK AREA TO PERMIT THE EXTENSION OF THE EXISTING BUILDING LINES FOR AN ADDITION TO A SINGLE - FAMILY RESIDENCE ON PROPERTY LOCATED AT 7328 DINWIDDIE STREET AND ZONED R1 -5,000 (SINGLE FAMILY RESIDENTIAL): Community Development. Mayor Guerra opened the Public Hearing at 8:58 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Council Member Brossmer, seconded by Council Member Marquez and so ordered to receive and file. City Clerk Jimenez noted there was no correspondence received. Community Development Director Saeki stated that the Resolution before the Council tonight was to deny the appeal of the Planning Commission's decision to uphold the City Planners decision to deny appeal PLN Case No. 12- 00201. He stated that the single family residential home located at 7328 Dinwiddie Street had illegal additions that were not consistent with the objectives, policies, and general land uses and programs specified in the City's General Plan and the applicants proposed activity would result in conditions or circumstances contrary to the public's health, safety, and general welfare. A representative for the property owner spoke about the illegal additions made by the owner to the property located at 7328 Dinwiddie Street. He stated due to lack of knowledge of the City's Building Codes, the homeowner unintentionally created an illegal situation. He requested the City Council pardon this mistake and allow the homeowner to rectify the situation as best as possible if not, the homeowner would experience severe financial hardship because of the money invested in the project. He is appealing to the City Council because he feels the Planning Commission did not do enough to assist him with this situation. Mayor Guerra asked the representative to clarify what he meant when he stated the Planning Commission was incorrect in their decision to deny his request. The representative reported on a project located on Lakewood Boulevard that he believes was a similar circumstance to his and asked City Council to allow his project to remain, as the Lakewood Boulevard project was allowed. Council Member Saab asked: if the applicant agreed that the City had the right to inspect his property; how long the applicant had owned the property; and, if he understood that the City has rules in place for the protection of the public. The representative stated the only reason this issue was reported was because there was a death in the family and the Fire Department was called to the location. It was then that Code Enforcement was informed of the illegal additions. He stated the property had been owned since 2005; and, he understood the importance of public safety. Mayor Pro Tem Vasquez asked if the homeowner had inquired about construction requirements prior to performing construction on his property. The representative stated the homeowner did not come to City Hall to inquire about requirements prior to construction and that day laborers not contractors were used for the project. City Council Regular Meeting Minutes of February 12, 2013 3 Mayor Guerra stated that he empathized with the homeowner if the decision made tonight posed a financial hardship but, he would not condone a project where Building Codes and laws were violated. Council Member Marquez stated that for the record he did have interaction with the homeowner prior to the Planning Commission's decision and informed him to come to City Hall to address any concerns he had. Mayor Guerra invited the public to speak on this item. There being no speakers, it was moved by Council Member Brossmer, seconded by Council Member Saab and so ordered by the Mayor to close Public Hearing at 9:16 p.m. It was moved by Council Member Brossmer, seconded by Council Member Saab, and passed unanimously to adopt the Resolution. NON- AGENDA PUBLIC COMMENT The following people spoke regarding the officer - involved shooting: Terry (no last name provided) Terry Ramirez Jean Thaxton Greta Campbell thanked the Mayor and Council Members for their efforts and focus that is being placed on tackling homelessness in the City. CITY COUNCIL CONSENT CALENDAR It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Vasquez, and unanimously carried to approve the Consent Calendar. 2. APPROVED CITY COUNCIL MINUTES: Special, Adjourned and Regular Meetings of January 22, 2013: City Clerk. 3. APPROVED WARRANTS ISSUED: Warrant Nos. 273781 - 274268; Wire Nos. 30002834 & 30002838, 30002841 - 30002850, 1034 -1052, and Cashiers Check No. 20, in the total amount of $4,729,803.42: Finance. 4. CASH CONTRACT NO. S.S. 613 - WOODRUFF AVENUE AT VIA AMORITA TRAFFIC SIGNAL PROJECT: AWARDED CONTRACT IN THE AMOUNT OF $127,700.00 TO SELECT ELECTRIC, INC.: Public Works. 5. CASH CONTRACT NO. 682A — COLUMBIA MEMORIAL SPACE CENTER SHADE STRUCTURE PROJECT: ACCEPTED THE IMPROVEMENTS CONSTRUCTED, APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $73,520 AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF COMPLETION: Public Works. RECESS /RECONVENE Mayor Guerra recessed the City Council Meeting at 8:48 p.m. At 8:57 p.m., Mayor Guerra reconvened the City Council Meeting with all Council Members present. ^` City Council Regular Meeting Minutes of February 12, 2013 4 6. LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT NO. 121 — FISCAL YEAR 2013 -2014 A. ADOPTED RESOLUTION NO. 13 -7397, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE DIRECTOR OF PUBLIC WORKS TO PREPARE A REPORT IN ACCORDANCE WITH ARTICLE 4 OF CHAPTER 1 OF THE "LANDSCAPING AND LIGHTING ACT OF 1972," BEING DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR THE MAINTENANCE, OPERATION AND SERVICING OF STREET AND PUBLIC FACILITY LANDSCAPING, LIGHTING, TRAFFIC SIGNALS AND APPURTENANT WORK IN THE CITY OF DOWNEY, FOR THE FISCAL YEAR COMMENCING JULY 1, 2013 AND ENDING JUNE 30, 2014: Public Works. 7. ADOPTED RESOLUTION NO. 13 -7398, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENTS OF DAN LATHAM, EMERGENCY PREPAREDNESS COMMITTEE; ALEX GAYTAN AND RICARDO PEREZ, GREEN TASK FORCE; LARS CLUTTERHAM, PUBLIC WORKS COMMITTEE; BLANCA ROCHIN, RECREATION AND COMMUNITY SERVICES COMMISSION; SALLY NUNEZ, EMERGENCY PREPAREDNESS COMMITTEE, FOR COUNCIL DISTRICT 5: Council Member Saab. 8. ADOPTED RESOLUTION NO. 13 -7399, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF STEVE PEREZ TO THE GREEN TASK FORCE FOR COUNCIL DISTRICT 1: Council Member Marquez. 9. INTRODUCED ORDINANCE NO. 13- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO SPEED LIMITS ON FLORENCE AVENUE: Public Works. OTHER BUSINESS: None. ADMINISTRATIVE REPORTS 10. ADOPTED ORDINANCE NO. 13 -1310, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY OF DOWNEY'S LOCAL VENDOR PURCHASING PREFERENCE: Administration. It was moved by Council Member Brossmer, seconded by Council Member Saab, and unanimously carried to adopt the Ordinance. 11. INTRODUCED ORDINANCE NO. 13- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 2905 OF ARTICLE 11, CHAPTER 9 OF THE DOWNEY MUNICIPAL CODE TO INCLUDE A BEST PRACTICE FOR CONSOLIDATION OF REQUISITIONS AND BULK PURCHASES: Administration. It was moved by Council Member Brossmer, seconded by Council Member Saab, and unanimously carried to introduce the Ordinance. 12. USE OF ART IN PUBLIC PLACES FUNDS: Community Development. Community Development Director Saeki requested direction on the use of Public Art Funds. In the past the funds were used to paint power boxes. He stated that the use of public art funds to paint power boxes was a legitimate use of the funds and the City painted 3 -4 thus far. Although currently there are no funds available to continue painting more power boxes, there are upcoming development projects that will contribute to the fund and staff would like to start preparing. He would also like Council to consider using local art groups or students for the art projects. City Council Regular Meeting Minutes of February 12, 2013 5 Council Member Saab asked for clarification on why this issue is before Council if there are currently no funds available. Mayor Guerra stated that direction needed to be given at this time regardless of fund availability in order for staff to dedicate time on program details. If at this time Council made the decision not to use Art in Public Places funds on power boxes then staff can begin looking at other projects for when there are funds available. Mayor Pro Tem Vasquez stated he would be more interested in collecting a public art fee from a developer rather than giving a developer an option to contribute to the fund or to include art into their project. City Attorney Abich Garcia advised that the courts had ruled that a developer must have the option of incorporating art work into their project or pay into the fund. Mayor Guerra stated that the current power boxes that have been painted have made a great impact, adding beauty and quality to the City. He emphasized that the Art in Public Places fund can only be used to fund art projects. Harold Tseklenis, resident, stated the importance of having public art stating is to help distinguished the City from other gateway cities. He suggested making and event or a competition where local students create designs and allow local artist to paint the power boxes. Council Member Marquez asked for a count of the number of utility boxes located in the City. Assistant City Manager Oskoui stated there are approximately150 City -owned power boxes. Council Member Marquez stated that painting 10 boxes was not enough and suggested the community and local art groups be involved in the process. Council Member Saab requested staff consider using local art groups to possibly provide assistance which would create community pride. Mayor Guerra stated being excited that Council was on board to doing more than 10 suggested power boxes. He stated that money from the General Fund can not be used to fund art projects and only Public Art Funds could be used. Council Member Marquez suggested the community be involved and staff research the possibility of acquiring donated supplies from groups and also look into options other than paying an artist to perform the work. City Manager Livas stated that staff can look into updating 10 power boxes, draft a program that has a volunteer component and an artist component to it using only Public Arts Funds. It was moved by Mayor Pro Tem Vasquez, seconded by Mayor Guerra, and unanimously carried to approve staff's recommendation. STAFF MEMBER COMMENTS City Manager Livas updated the Council on redevelopment legislation advising that after review by the Legislative Council minor modifications were made and it would be moving out of legislative council soon. He stated he will continue to keep the City Council updated. City Council Regular Meeting Minutes of February 12, 2013 6 ADJOURNED The meeting adjourned at 9:59 p.m. to 6:30 p.m., February 26, 2013, in memory of San Bernardino County Sheriffs Deputy Jeremiah MacKay, Riverside Police Officer Michael Crain, Monica Quan and Keith Lawre• e. 4 ADRIA M. MEN' , CM8 MARIO A. GUE , r City Clerk City Council Regular Meeting Minutes of February 12, 2013 7