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HomeMy WebLinkAbout01b. Minutes - 05-08-18 - Regular MeetingCity Council Minutes Regular Meeting – May 8, 2018 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING MAY 8, 2018 The City Council of the City of Downey held a Regular City Council Meeting on May 8, 2018, at 6:35 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Ashton presiding. PRESENT: Council Members: Sean Ashton Mayor Rick Rodriguez Mayor Pro Tem Blanca Pacheco Council Member Alex Saab Council Member Fernando Vasquez Council Member ALSO PRESENT: Gilbert Livas, City Manager Yvette M. Abich Garcia, City Attorney John Oskoui, Assistant City Manager Shannon DeLong, Assistant to the City Manager Carl Charles, Chief of Police Mark Gillaspie, Fire Chief Ed Norris, Interim Public Works Director Pamela Passow, Parks & Recreation Director Alicia Duarte, CMC, City Clerk The Invocation was delivered by Mayor Pro Tem Rodriguez. The Pledge of Allegiance was led by Girl Scout Troop 17305. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE/MEETING REPORTS Council Member Saab welcomed the audience to the meeting. He announced participating in a tour of the Downey Courthouse for a group of local high school students. The tour was coordinated with the Southeast District Bar Association; Council Member Pacheco; and, Attorney Denise Saab. He thanked the Kiwanis Club and the Rotary Club for taking local high school students to a leadership conference in Big Bear. He reported participating in the Miss Downey Pageant as a judge. He acknowledged Captain Mark McDaniel in the audience and congratulated him on his promotion to Captain. He acknowledged Captain Dean Milligan in the audience. He wished mothers a Happy Mother’s Day. Council Member Pacheco welcomed the audience to the meeting. She reported attending the Furman and Apollo Park W alking Trail Lighting dedications, Youth in Government Day, Miss Downey Pageant, Gangs Out of Downey Scholarship Gala and Downey Street Fair. She thanked the Downey Chamber of Commerce and Michael Calvert for coordinating the Street Faire. She announced upcoming events: Pizza with a Cop, Lucille Roybal Allard Student Art Competition at The Citadel, Downey Adult Pharmacy Tech Lab ribbon cutting and Friends of the Downey Library Fundraiser at Chili’s. She acknowledged her mother in the audience and wished her a Happy Mother’s Day. Council Member Vasquez welcomed the audience to the meeting. He reported attending the Gangs Out of Downey Scholarship Gala and commended the Police Department for their work. He reported attending the Street Fair and thanked the Downey Chamber of Commerce staff for organizing City Council Minutes Regular Meeting – May 8, 2018 2 the event. He mentioned receiving an award from Eisner Pediatrics & Family Medical Center for his contributions towards healthcare. He wished his wife and all mothers a Happy Mother’s Day. Mayor Pro Tem Rodriguez reported attending the Furman and Apollo Park Walking Trail Lighting dedications; and, the West Santa Ana Branch Stakeholder meeting with Supervisor Janice Hahn. He announced an additional meeting for the West Santa Ana Branch would be held at the Downey Council Chambers on May 15 at 7 p.m. He attended the Salute to Our Military Breakfast were they recognized Ken Thompson and the City of STEM Festival. He commented on the partnership between Courage Forward and Columbus High School to assist high school drop-outs in earning a high school diploma and enlisting in the military. He participated in the annual National Day of Prayer; first Clergy Council Meeting; and, Gangs Out of Downey Scholarship Gala and Downey Street Fair. He was appointed to the serve as Board Member for the L.A. City Selection Committee representing Supervisor Janice Hahn, District 4. Mayor Ashton welcomed the audience to the meeting. He reported attending the City of Stem closing ceremony and acknowledged Director Dickow for a successful event. He attended the Downey Street Fair and thanked the Downey Chamber of Commerce and Michael Calvert for coordinating the event. He mentioned attending the Furman and Apollo Park Walking Trail Lighting dedications and announced the last community engagement for the Eco-Rapid light rail line which would connect to Union Station. He encouraged those interested to attend and learn about the options. PRESENTATIONS 1. Mayor Ashton presented the Mayor’s Downey DNA Award to David Niemeyer, Warren High School Band Director. 2. Mayor Ashton presented the Mayor’s Hero of the Meeting Award to Michael Dale, U.S. Coast Guard. 4. Mayor Ashton with assistance from Monica Ortiz, Recreation Supervisor, presented a Certificate of Recognition to Gustavo Garcia, Older American of the Year. 5. Mayor Ashton presented a Proclamation in honor of Public Works Week to Ed Norris, Interim Public Works Director. 6. Mayor Ashton with assistance from City Manager Livas presented Certificates of Recognition and a Proclamation in honor of Public Service Recognition Week to City employees from various departments. 7. Mayor Ashton presented a Proclamation in honor of Municipal Clerks Week to City Clerk Duarte and City Clerk Office staff. 8. Mayor Ashton presented Certificates of Recognition to Warren High School Women’s Basketball Team for their California Interscholastic Federation Southern Section Championship. RECESS/RECONVENE Mayor Ashton recessed the City Council meeting at 7:20 p.m. Mayor Ashton reconvened the City Council meeting at 7:28 p.m. City Council Minutes Regular Meeting – May 8, 2018 3 PUBLIC HEARING: 1. AMENDMENT TO THE MUNICIPAL CODE TO REGULATE ACCESSORY DWELLING UNITS: Community Development. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING VARIOUS SECTIONS OF ARTICLE IX OF THE MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS. Mayor Ashton opened the Public Hearing at 7:28 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Council Member Vasquez and so ordered by the Mayor to receive and file. City Clerk Duarte noted no correspondence was received. The staff report was provided by David Blumenthal, City Planner. Mr. Blumenthal discussed the proposed amendment to the Municipal Code to accommodate Accessory Dwelling Units. The Accessory Dwelling Units (ADUs) are independent residential units that are on the same parcel as a single-family unit. The California Legislature enacted new laws that preempt a city’s zoning code concerning ADUs. The City Council implemented a moratorium on new ADUs and directed staff to study the issue and prepare the necessary code amendment. Staff drafted an ordinance to ensure the City of Downey’s regulations are in compliance with the State law. The draft ordinance was presented to the Planning Commission at a study session in March and a public hearing on April 18. Mr. Blumenthal explained ADUs residences are normally constructed behind the main residence with parking provided. He mentioned the changes that are being proposed in order to be in compliance. Previously ADU’s were only allowed in the ADU’s area, however, the State does require the City to allow conversion of any floor area and any single family residence regardless of the subzone and applicable citywide. The new proposed standards limits the ADU’s to selected areas and limits the maximum size to 850 sq. ft., the maximum height for detach ADU is 12’ ft. and the property owner must live on site and incorporating the square footage units to incorporate parking requirements for the single family residents. Council Member Saab asked staff to explain parking limitations. Mr. Blumenthal stated under the State regulations there are restrictions on parking for ADUs and in many areas of the City it is not required to have additional parking. The ordinance would include parking requirements based on total square footage of the property and parking availability on driveways. Council Member Saab asked if there were any potential accessibility issues to the ADUs. Mr. Blumenthal advised they do not anticipate any accessibility issues. City Manager Livas asked what happens if the main house has an attached garage and the additional dwelling unit is located in the rear of the house, where would parking for the dwelling unit be designated. Mr. Blumenthal explained the driveway in front of the garage would need to be wide enough to accommodate additional parking spaces for the ADU. If there is no additional parking space then the ADU would not be approved unless the property owner can add additional square footage to the garage to meet the requirement. Council Member Saab asked for clarification regarding the required square footage for a two or three car garage. Mr. Blumenthal explained a two car garage is required for 3,000 square feet or below, a three car garage is required when the square footage exceeds 3,000 square feet. Council Member Saab asked if this is a State requirement or City requirement. Mr. Blumenthal said the State requires no additional parking requirements for ADUs when the ADU is within 1/2 a mile of transit stop. City Council Minutes Regular Meeting – May 8, 2018 4 Mr. Blumenthal reviewed ADUs areas in the City. Council Member Saab asked if second units can be rented. Mr. Blumenthal stated under the current code a second unit can be rented as long as the property owner lives in the main house. Council Member Vasquez asked if this includes guest houses. Mr. Blumenthal stated guest houses that do not have a kitchen or are not a separate unit cannot be rented and access to the main house is required. Mr. Blumenthal informed the Council of the Planning Commission’s recommendation to adopt the proposed ordinance. Mayor Ashton asked if the areas in the City presented by Mr. Blumenthal were new or existing. Mr. Blumenthal said they are the existing and new areas adding single family residences. Mr. Blumenthal explained under the new State law, conversion is allowed from a single family residence to a second unit anywhere in the city. Council Member Vasquez asked if it would supersede the setbacks. Mr. Blumenthal stated it would not supersede because they would need to be in compliance with setbacks. Mayor Pro Tem Rodriguez inquired about vacation rental by owner, Airbnb’s and Junior Accessory Units. Mr. Blumenthal stated under the current code the Junior Accessory Dwelling Units are prohibited. The proposed ordinance prohibits the short-term rentals under 30 days, Airbnb’s and vacation rental by owners. These are considered commercial businesses and not allowed in residential areas. Council Member Vasquez asked if this applies to the entire City. Mr. Blumenthal explained the conversion is city wide any residential zone. Any new construction must meet the minimum lot size requirement. Council Member Vasquez asked Director Schindler how staff will address parking concerns from residents. Director Schindler mentioned they are trying to add parking standards to mitigate parking issues that will result from the State mandating increase in housing. Council Member Saab asked what the consequences of not complying with the State. City Manager Livas said in many cases funding to the City for various projects would be cut. Director Schindler added if the City does not adopt this ordinance tonight the State ordinance would supersede the City’s ordinance. Council Member Pacheco asked if there is a minimum square footage for an ADU. Mr. Blumenthal stated the minimum square footage is 220 square ft. Council Member Vasquez asked Director Schindler when the update to the Housing Element is due. Director Schindler responded 2021. Council Member Vasquez asked if these are the most restrictive staff was able to impose. Mr. Blumenthal stated yes. Director Schindler mentioned staff obtained advice from a housing expert at Rutan and Tucker on these restrictions. Mayor Ashton opened for public comment at 7:46 p.m. Mr. Lacey, resident, suggested the Council take more time to review this item before making a decision. City Council Minutes Regular Meeting – May 8, 2018 5 Mariana Pacheco, resident, asked if there would be restrictions as to how many cars an ADU can have. Having no one else come forward, Mayor Ashton closed public comment at 7:48 p.m. Council Member Saab asked when the ordinance has to be adopted per the State. Director Schindler recommended it be approved tonight since the moratorium expired on April 25. Council Member Vasquez asked City Attorney Abich Garcia regarding the guidelines for moratorium extensions. City Attorney Abich Garcia explained State law allows one moratorium, maximum 2 years. However, because the moratorium has expired another moratorium can be requested for ADUs based on different facts and circumstances. If the proposed ordinance is adopted tonight and in six months it is determined that issues such as parking or trash arise, these facts and circumstances can be used to adopt a moratorium to allow further review. Mayor Pro Tem Rodriguez suggested receiving additional feedback from residents and extending the moratorium. Council Member Saab said this is State law and the City has to comply. Mayor Pro Tem Rodriguez commented regarding the timeframe for approval of ADU permits can be lengthy. Mr. Blumenthal explained the process for approving ADUs. The average timeframe is from one month and half to two months. Director Schindler explained the State mandate was created to expedite the process. Mayor Pro Tem Rodriguez asked if this new law would also allow garage conversions. Mr. Blumenthal stated garage conversions would be allowed if a new garage is built. Council Member Pacheco asked if other surrounding cities have adopted an ordinance regarding ADUs. Director Schindler stated most cities are moving in the same director to comply with State law. Council Member Saab inquired if any other cities have voted against the State law. Director Schindler replied no. Council Member Vasquez inquired about the City of Whittier and if this ordinance is as restrictive possible. Director Schindler stated he is unsure and the ordinance is as restrictive as permitted by law. Mayor Ashton asked what would be the consequences if they do not approve the ordinance. Director Schindler explained ADU requirements would fall under State regulations. Council Member Saab suggested they could extend the moratorium an additional year to address the parking issues. City Attorney Abich Garcia explained the current moratorium can no longer be extended. She recommended adopting the proposed ordinance and if new facts and circumstances arise a new moratorium can be introduced and extended for two years. Council Member Vasquez stated additional housing would impact public resources. City Attorney Abich Garcia stated the initial moratorium was based on no regulations and impacts to different resources in the City. She explained new evidence and facts would be required to justify a new moratorium. Discussion ensued regarding accessory dwelling units and legal ramifications for being out of compliance with State law. City Council Minutes Regular Meeting – May 8, 2018 6 Council Member Saab asked staff to return to Council with a status report within 60 to 90 days. Council Member Vasquez requested the report include impacts on parks, water utilities, roads, schools and public safety. It was moved by Council Member Vasquez, seconded by Mayor Ashton and carried unanimously to introduce an Ordinance of the City Council of the City of Downey amending various Sections of Article IX of the Municipal Code regarding Accessory Dwelling Units. NON AGENDA PUBLIC COMMENT Mayor Ashton opened non agenda public comment. Charlotte Hanson, resident, commented regarding poor street conditions and sidewalk accessibility issues on Cole St. between Patton and Brookshire. Caroline Castillo, Downey Tennis Club, commented regarding the condition of the tennis courts and lights at Independence Park. Charlotte Hanson, resident, requested the City consider having pickleball courts at some of the park facilities. Having no one else come forward, Mayor Ashton closed public comment. CONSENT CALENDAR City Clerk Duarte announced for Item No. 7 the agreement attached to the agenda memo was incomplete and a complete copy of the agreement has been provided to each Council Member and the public. Mayor Ashton asked if there was anyone present who would like to comment on Consent Calendar items. Having no one come forward, Mayor Ashton closed public comment. It was moved by Council Member Saab, seconded by Council Member Vasquez and carried unanimously to approve the Consent Calendar. 2. APPROVED MINUTES: Special Meeting of April 24, 2018: City Clerk. 3. WARRANTS ISSUED: Warrant Nos. 323210 – 323596; Payroll Wire Nos. 30003741, 30003746- 30003747 and 30003749 – 30003750; Manual Wire numbers are 1687 – 1691; and, Cashier’s Check numbers are 115 – 116 in the total amount of $3,582,606.17: Finance. 4. ACCEPTED THE LAKEWOOD BLVD. (FLORENCE AVE. – GARDENDALE ST.) STREET LIGHTING IMPROVEMENT PROJECT, AS COMPLETED; APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $528,308.81; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 16-10): Public Works. 5. APPROVED THE PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS FOR INDEPENDENCE PARK IMPROVEMENT PROJECT-CONSTRUCTION OF FUTSAL COURTS; ALLOCATED $275,000 FROM THE INDEPENDENCE PARK PROJECT (MEASURE S FUNDS) TO THE INDEPENDENCE PARK IMPROVEMENT PROJECT; AND, AUTHORIZED City Council Minutes Regular Meeting – May 8, 2018 7 STAFF TO PROCURE SPORTS FIELD LIGHTING EQUIPMENT THROUGH AN INFORMAL BID PROCESS (CAPITAL IMPROVEMENT PROJECT NO. 17-15): Administration. 6. APPROVED PROFESSIONAL SERVICES AGREEMENT WITH WESTGROUP DESIGNS IN THE AMOUNT OF $1,178,750 FOR A PERIOD OF THREE YEARS TO PROVIDE ARCHITECTURAL AND ENGINEERING DESIGN SERVICES OF FIRE STATIONS NO 1, NO 2, NO 3 AND NO 4; AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS: Administration. 7. APPROVED A NO -COST CO-LOCATION AGREEMENT WITH THE LOS ANGELES HOMELESS SERVICES AUTHORITY (LAHSA) FOR USE OF A SHARED OFFICE SPACE AT WILDERNESS PARK: Administration. 8. ADOPTED RESOLUTION NO. 18-7800, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY FIREMEN’S ASSOCIATION (JANUARY 1, 2017 – DECEMBER 31, 2019): Human Resources. 9. ADOPTED RESOLUTION NO. 18-7801, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF GREG SAUNDERS TO THE GREEN TASK FORCE FOR COUNCIL DISTRICT 3: Mayor Pro Tem Rodriguez. 10. ADOPTED RESOLUTION NO. 18-7802, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF DOROTHY PEMBERTON TO THE PARKS & RECREATION COMMISSION FOR COUNCIL DISTRICT 3: Mayor Pro Tem Rodriguez. 11. ADOPTED RESOLUTION NO. 18-7803, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE UPDATED CLASSIFICATION SPECIFICATIONS FOR POLICE DISPATCH SUPERVISOR AND FIRE COMMUNICATIONS CENTER SUPERVISOR AND ESTABLISHING COMPENSATION FOR THE POSITION OF FIRE COMMUNICATIONS CENTER SUPERVISOR: Human Resources. 12. APPROVED THE DONATION OF ONE FOURSOME OF GOLF AT THE RIO HONDO GOLF COURSE IN SUPPORT OF THE DOWNEY POLICE AND FIRE FOUNDATION: Mayor Pro Tem Rodriguez. 13. APPROVED THE DONATION OF ONE FOURSOME OF GOLF AT THE RIO HONDO GOLF COURSE IN SUPPORT OF THE 10-20 CLUB, INC.: Mayor Pro Tem Rodriguez. ADMINISTRATIVE REPORT: 14. CONSIDER MANSIONIZATION AND NEW SINGLE-FAMILY RESIDENTIAL DEVELOPMENT STANDARDS STUDY: Community Development. City Manager Livas announced Aldo Schindler, Director of Community Development, would provide the staff report. Director Schindler stated the item before Council tonight stems from a temporary moratorium on lot splits within the R-1 zone, and Council’s direction to have staff research the time and cost to complete a mansionization study. In January staff issued requests for proposals (RFPs) to 32 urban design consultant firms and interviewed three of those firms. The cost ranged from $71,000 to $91,000 for a mansionization study. Staff was impressed with the knowledge and experience of John Kaliski a licensed architect who recently completed several other zoning studies for the cities of Burbank, Culver City and Santa Monica. City Council Minutes Regular Meeting – May 8, 2018 8 Mayor Ashton asked if there was anyone present who would like to comment on this item. Having no one else come forward, Mayor Ashton closed public comment. Council Member Saab said he would like to identify goals for the study and asked when the City’s General Plan is scheduled to be updated. He asked how long it will take to complete the update and if masionization can be included in the Plan. City Manager Livas said the General Plan is updated every 10 to 15 years and the current Plan was updated 16 years ago. The cost of updating the plan is about $1 million dollars and staff plans to begin the update next year. He added it will take 18 to 24 months to complete and a portion of mansionization can be included in the Plan. Mayor Ashton asked Director Schindler if it is more cost effective to do the masionization study during the General Plan update. Director Schindler recommended incorporating a portion of the study under the General Plan. He explained masionization is a zoning issue and the General Plan addresses planning issues. Council Member Vasquez asked if mansionization issues are addressed in the housing element portoin of the General Plan. Director Schindler said it does not. Council Member Saab asked how the study of mansionization would address the lot split issue brought up by the other Council Members. Director said it will address lot split issues because it falls under design and built of a home. Discussion ensued in regards to what would be included in the mansionization study. Council asked that community meetings be held to receive public input including contacting the Association of Realtors for input. The study will include the issues of mansionization and lot splits. It was moved by Council Member Saab, seconded by Council Member Vasquez and approved unanimously to consider a mansionization and new single-family residential development standards study. STAFF MEMBER COMMENTS City Manager Livas thanked Ed Norris for filling in as Interim Public Works Director. ADJOURNMENT Mayor Ashton adjourned the regular City Council meeting at 8:30 p.m. in memory of Sheriff Corporal Eugene Cole of Somerset County, Maine killed in the line of duty; Police Officer Jesus Cordova of Nogales, Arizona killed in the line of duty; Carmelo Madariaga; and, Refugio Dueñas, grandfather of Council Member Fernando Vasquez. MARIA ALICIA DUARTE, CMC SEAN ASHTON City Clerk Mayor