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HomeMy WebLinkAboutMinutes - 03-11-08 - Regular MeetingCITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING MARCH 11, 2008 MINUTES OF THE The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:30 p.m., Mbrch 1 1, 2008, in the Council Chamberof the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairperson David GaIn presiding. PRESENT: Council Members/Commissioners: David R. Gafin Mario A. Guerra Anne M. Bayer Kirk O. Cartozian Rick Trejo Mayor/Chairperson Mayor Pro Tem/Vice-Chairperson (arrived 6:55 p.m.) ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Edward W. Lee, City Attorney/Agency Counsel Lee Powell, Assistant City Manager Kathleen L. Midstokke, City Clerk/Secretary Scott K. Pomrehn, Assistant to the 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: February 12, 2008. It was moved by Council Member/Commissioner Cartozian, seconded by Council Member/Commissioner Bayer, and unanimously (4/0) carried to approve. RECESSED TO CLOSED SESSION Mayor/Chairperson Gafin announced the Council/Commission is recessing to Closed Session (6:31 p.m.) to discuss matters under the authority of the following section of the Government Code: 1.Government Code Section 54956.8 – Conference with real property negotiator Gilbert Livas re: property at 1 1022 Downey Avenue; negotiating parties: Fiesta Works Inc.; 8232 3'd Street & 11016 New Street, negotiating parties Showprop Downey LLC; 83142"d Street, negotiating parties GTE California Inc.; under negotiations: prices and terms of payment. RECONVENED The meeting reconvened in Open Session at 7:31 p.m. Qth all Council Members/Commissioners present. There were no Closed Session actions to report. City Council/Community Dev. Comm. Minutes (adj.) 03/1 1/08 -1 - ADJOURNMENT: The meeting adjourned at 7:31 p.m. KATHLEEN L. MIDSTOKKE, City Clerk/Secretary ID R. GAFI -M6yor/Chairperson City Council/Community Dev. Comm. Minutes (adj.) 03/1 1/08 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING MARCH 11, 2008 The City Council of the City of Downey held a Regular Meeting at 7:34 p.m., March 11, 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 Kathleen L. Midstokke, City Clerk Scott K. Pomrehn, Assistant to the City Manager Desi Alvarez, Deputy City Manager/Special Projects Gilbert Livas, Deputy City Manager/Community Development Roy Campos, Police Chief Linda Haines, Building and Housing Director John Michicoff, Finance Director John Perfitt, Economic Development Director Thad Phillips, Community Services Director Ed Norris, Deputy Public Works Director Mark Sauter. Fire Chief Joyce Doyle, Chief Deputy City Clerk Other Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Council Member Bayer announced that tomorrow morning the guest speaker at Citizens for Downey will be Jennifer DeKay-Givens publisher of the Downey Patriot; mentioned Keep Downey Beautiful will be doing cleanup at Florence Avenue and Old River School Road this Saturday at 9:00 a.m.; and announced Soroptimist will hold a fundraiser “Monte Carlo Night” on April 19th at 6:30 p.m. at the Rio Hondo Event Center. Council Member Trejo remarked on all the positive feedback he has received on the opening of Farmers’ Market in the City; and thanked Community Services Director Phillips and staff for allowing the boys volleyball and basketball teams from Warren High School to utilize the McCaughan Gymnasium while their facility is under construction. Mayor Pro Tem Guerra announced the St. Baldrick’s fundraising event for childhood cancer will be held this Sunday at 10:00 at Fire Station 1; announced the Community Emergency Response Team (C.E.R.T.) will be holding a fundraiser on April 3'd at Frantone’s Restaurant; mentioned City Council Minutes 03/1 1//08 -1 - the Space Shuttle Endeavor took off for the Space Station at 1 1 :28 p.m. last night, noting it will be the longest mission in the history of the space shuttle program; announced he went to Washington D.C. last week along with Deputy City Manager Alvarez and Columbia Learning Center Executive Director Betthauser and met with the Division of Space History, National Science Foundation, Senators Feinstein’s and Boxer’s offices, Congresswoman Lucille Roybal-Allard and NASA, lobbying for $2 million for the Columbia Learning Center; mentioned last Saturday he attended the 50th anniversary and opening day of West Downey Little League; congratulated Council Member Trejo on his birthday; said he has received telephone calls about the Library needing Wi-FI for their computer labs and asked that this be looked at during the budget process; requested staff look into the possibility of the City going wireless and the associated costs; and mentioned meeting today with Fire Chief Sauter and Hospital representatives regarding better emergency medical services for the residents Council Member Cartozian mentioned attending the Gauldin School Read In; noted he attended today the Southern California Association of Governments (SCAG) Meeting downtown to discuss the Orange Line Maglev project; announced he attended the Chamber of Commerce mixer at the new Eclipse Coffee House located at Downey Avenue and Firestone Boulevard, and also mentioned last week they hosted the Downey Art Vibe, promoting the works of local artists; and complimented Mayor Gafin on his recent State of the City address. Mayor Gafin announced Kids Day will be held Saturday, May 10th, noting Downey Rotary Club made a financial contribution; announced the Miss Downey Pageant will be held this Saturday at 6:00 p.m. in the Downey Theatre; and announced tomorrow at noon Police Chief Campos will give a presentation at the Chamber of Commerce City Affairs Meeting; and recognized Chamber of Commerce Board Member Jan Scott, and Cheryl Olsen, President of the Woman’s Club of Downey1 in the audience. PRESENTATIONS: Mayor Gafin presented a Proclamation to the Woman's Club of Downey celebrating its 110th Anniversary. PUBLIC HEARINGS: 1.CODE AMENDMENT NO. 07-170, A REQUEST TO MOVE THE SUBDIVISION REQUIREMENTS WITHIN THE MUNICIPAL CODE FROM CHAPTER 2 OF ARTICLE IX TO CHAPTER 9 OF ARTICLE IX: Community Development. A. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING CODE AMENDMENT NO. 07-170, THEREBY MOVING THE SUBDIVISION REQUIREMENTS WITHIN THE MUNICIPAL CODE FROM CHAPTER 2 OF ARTICLE IX TO CHAPTER 9 OF ARTICLE IX. Mayor Gafin opened the Public Hearing at 7:50 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Trejo, seconded by Council Member Bayer and so ordered to receive and file. Senior Planner Blumenthal presented the staff report explaining that staff is currently working on a comprehensive update of the Zoning Code and the new format will require the use of Chapters 1 through 8 of Article IX. He explained the necessity of renumbering Subdivision Requirements from Chapter 2 of Article IX to Chapter 9 of Article IX to prepare for the new Zoning Code format. He noted no other changes were being proposed at this time. City Council Minutes 03/1 1//08 -2- There were no questions from the Council. There being no one coming forward to speak on the matter, it was moved by Council Member Cartozian, seconded by Council Member Trejo and so ordered to close the Public Hearing, the time being 7:52 p.m. Mayor Pro Tem Guerra said he felt this item was very well done by staff. It was moved by Council Member Trejo, seconded by Council Member Bayer, and unanimously carried to introduce the Ordinance. 2.ZONE CHANGE NO. 07-183, A REQUEST TO CHANGE THE ZONING CLASSIFICATION FROM R-1 5,000 TO R-3 FOR PROPERTY LOCATED AT 9520 TELEGRAPH ROAD AND ADOPT A NEGATIVE DECLARATION: Community Development. A. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO THE CITY’S COMPREHENSIVE ZONING MAP. CHANGING THE ZONING CLASSIFICATION OF PROPERTY AT 9520 TELEGRAPH ROAD FROM R-1 5,000 (SINGLE FAMILY RESIDENTIAL) TO R-3 (MEDIUM DENSITY MULTIPLE-FAMILY RESIDENTIAL) AND ADOPTING A NEGATIVE DECLARATION. Mayor Gafin opened the Public Hearing at 7:53 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tem Guerra, seconded by Council Member Trejo and so ordered to receive and file. Assistant Planner II Halak presented the staff report and a power point presentation. She said the request is to change the zoning classification of the property from R-1 5,000 (single-family residential) to R-3 (Medium Density Multiple-Family Residential). The subject property is bounded by commercial property to the west and the City of Pico Rivera to the north. There are both single family residences and apartments located next to the subject property. Ms. Halak explained the property is developed with a church that was established by Zone Exception Case No. 762 in 1967 and the approval of the Zone Change would allow the property owner Western Latin American District Church of Nazarene to apply for a Conditional Use Permit to allow a 1,276 square foot addition to an existing church for a new social hall, to convert the existing social hall to a parsonage and to allow a 659 square foot addition to the parsonage. She said the recommended Zone Change to R-3 is the classification that conforms to the subject site’s General Plan land use designation of Medium Density Residential. Approving the Zone Change will aid to implement a provision of the Vision 2025 General Plan. Council Member Cartozian mentioned the property had other entitlements that went before the Planning Commission on this property that did not require Council approval. Ms. Halak said there was a Zone Variance to encroach into the rear yard setback by 6 feet for the existing chapel, and into the variable height maximum of 2 feet 6 inches on property zone R-1 (Single Family Residential), which will extend the proposed social hall; a Conditional Use Permit to allow the church to continue to exist and permit the expansion of the existing church; and Design Review Board review of colors and materials for the new church development. Mayor Pro Tem Guerra asked Ms. Halak if there were any complaints received from the neighbors or the City of Pico Rivera. She responded only the neighbor from the east expressed concern about possible noise and she felt staff answered his concern. Council Member Cartozian also verified with Ms. Halak that this Zone Change would allow future use of the property for medium density development such as condominium, townhouse or apartment developments. It was explained that this type of development would have to go through a site plan review and Design Review Board process. City Council Minutes 03/1 1//08 -3- The applicant was not present to speak on this matter. There was no one present who wished to speak on this item. It was moved by Council Member Cartozian, seconded by Council Member Trejo and so ordered to close the Public Hearing at 8:06 p.m. It was moved by Council Member Trejo, seconded by Council Member Cartozian, and unanimously carried to introduce the Ordinance. NON-AGENDA PUBLIC COMMENT: Gwynn Gustafson, CHER Foundation, presented for distribution to the City Council, Monthly Services-Reports from 2007, and requested that the chiropractic program CHER be considered for future City funding. Mark Neihouse, resident of Downey, questioned progress on the City going green with solar power; and requested an update on the Bob’s Big Boy negotiations and clean up of the site. Jim Roberts, resident of Downey, mentioned incidents at his residence that he considers threatening to his family and said he has been in contact with the Justice Department. Harold Tseklenis, resident of Downey, requested an update on the status of a City energy conservation Ordinance. CONSENT CALENDAR – ITEMS FOR REMOVAL: 9 ADOPT RESOLUTION NO. 08- . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING MARIA LARKIN TO THE PARKING PLACE COMMISSION FOR COUNCIL DISTRICT NUMBER FOUR: City Council. This item was removed at the request of Mayor Pro Tem Guerra and is listed under Other Business below. CONSENT CALENDAR: It was moved by Council Member Trejo, seconded by Council Member Bayer, and unanimously carried to approve the remainder of the Consent Calendar items as recommended: 3. 4. APPROVED CITY COUNCIL MINUTES: Regular Meeting February 26, 2008: City Clerk. APPROVED WARRANTS ISSUED: Warrant Nos. 229656 – 230042; Wire Nos. 356, 30001628 – 30001636; in the total amount of $3,518,834.05: Finance. 5.APPROVED AGREEMENT WITH CALIFORNIA CERTIFIED FARMERS’ MARKETS, INC.. FOR THE PURPOSES OF OPERATING AND MANAGING A FARMERS’ MARKET IN DOWNEY: Administration. 6.APPROVED CHAMBER OF COMMERCE STREET FAIRE PERMIT FOR MAY 3, 2008: Administration. 7.APPROVED CONTRACT WITH WILLDAN FOR ENGINEERING DIVISION PLAN CHECK AND TRAFFIC ENGINEERING SERVICES: Public Works. 8.REFERRED APPEAL OF YOUNG AE OH FOR DENIAL OF MASSAGE TECHNICIAN WORK PERMIT TO A HEARING OFFICER: Administration. City Council Minutes 03/1 1//08 -4- 10.ADOPTED RESOLUTION NO. 08-7048, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION CONSOLIDATED WITH THE PRESIDENTIAL PRIMARY ELECTION HELD ON FEBRUARY 5, 2008, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW (MEASURE G – TERM LIMITS): City Clerk. 11.ADOPTED ORDINANCE NO. 08-1227, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING FRANCHISE FEES, PUBLIC ACCESS SUPPORT FEES AND CUSTOMER SERVICE PENALTIES FOR STATE FRANCHISE HOLDERS PROVIDING VIDEO SERVICE WITHIN THE CITY OF DOWNEy: Administration. ADMINISTRATIVE REPORTS: 12.APPROVED LOAN REQUEST WITH SMITHSONIAN INSTITUTION, NATIONAL AIR AND SPACE MUSEUM FOR QUARTER-SCALE SPACE SHUTTLE MODEL: Administration. Assistant to the City Manager Pomrehn presented the staff report. He said this action would authorize the Mayor to send a letter to the Smithsonian Institution, National Air and Space Museum requesting that the City be granted a loan of the quarter-scale space shuttle model currently on display in the Calgary, British Columbia International Airport. Mr. Pomrehn said there is no guarantee that the City will receive the model, but the letter would insure the City’s interest when it becomes available Mayor Gafin clarified with Mr. Pomrehn that due to the large size of the model, it would not be located inside the Learning Center, but would be encased at an outside location. Council Member Trejo mentioned reading an article in the Long Beach Press Telegram about the Liberty Bell Airplane visiting the Long Beach Airport, and expressed the space program was an exciting part of the City of Downey’s history. It was moved by Mayor Pro Tem Guerra, seconded by Council Member Cartozian, and unanimously carried to approve the loan request. OTHER BUSINESS: CONSENT CALENDAR – ITEMS FOR REMOVAL: 9.ADOPTED RESOLUTION NO. 08-7047. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING MARIA LARKIN TO THE PARKING PLACE COMMISSION FOR COUNCIL DISTRICT NUMBER FOUR: City Council. Mayor Pro Tem Guerra read portions of a letter from Maria Larkin, Chairperson of the Chamber of Commerce Holiday Lane Parade Committee addressed to Fire Chief Sauter asking him to remove the City’s Certified Emergency Response Team (CERT) from the parade. He said while the CERT team is now allowed to participate in the parade, he felt he must vote his conscience on this item and what he feels is in the best interest of the City. It was moved by Mayor Gafin, seconded by Council Member Trejo, and carried to adopt the Resolution, noting the abstention of Mayor Pro Tem Guerra. City Council Minutes 03/1 1//08 -5- ADJOURNMENT: The meeting adjourned at 8:30 p.m. to 6:30 p.m. March 25, 2008, in memory of Ivan Stenerson, longtime Downey resident. %ah,/y.@Mg&, KATHLEEN L. MIDSTOKKE, City Clerk FR3MM City Council Minutes 03/1 1//08