HomeMy WebLinkAboutMinutes - 08-26-08 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
AUGUST 26, 2008
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:30 p.m., August 26, 2008, in the Council Chamberof the Downey
City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairperson David R. (JaIn
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 6:31 p.m.)
(arrived 6:33 p.m.)
ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director
Lee Powell, Assistant City Manager/Executive Director
Ross Trindle, Acting City Attorney/Agency Counsel
Kathleen L. Midstokke, City Clerk/Secretary
Scott K. Pomrehn, Assistant Deputy City Manager
Desi Alvarez, Deputy City Manager/Special Projects
John Perfitt, Economic Development Director
Other City Staff
PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None
APPROVED CLOSED SESSION MINUTES: August 12, 2008.
It was moved by Council Member/Commissioner Bayer, seconded by Council
Member/Commissioner Trejo and unanimously carried to approve. (For sake of consistency this item
is listed here and was voted on after the return from Closed Session)
RECESSED TO CLOSED SESSION:
Mayor/Chairperson Gafin announced the Council/Commission is ncessing 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 54956.9 (a) – Conference with legal counsel – existing litigation:
City of Downey vs. Speedy Cash, Los Angeles Superior Court, Case #BC363324
2. Government Code Section 54956.9(b)(1) – Conference with legal counsel – anticipated
litigation. SIgnificant exposure to litigation –one potential case.
3. Government Code Section 54957.6 – Conference with labor negotiator Lee Powell re:
direction for labor negotiations with Downey City Employees' Association – Maintenance Unit;
and Downey Police Management Association.
City Council/Community Dev. Comm. Minutes (adj.) 08/26/08 -1 -
RECONVENED:
The meeting reconvened in Open Session at 7:32 p.m. Wth all Council
Members/Commissioners present. There were no Closed Session actions to report.
ADJOURNMENT:
The meeting adjourned at 7:33 p.m.
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DAVIDR:GAFIN, hhyor/ChairpersonKATHLEEN L. MIDSTOKKE, City Clerk/Secretary
City Council/Community Dev. Comm. Minutes (adj.) 08/26/08 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
AUGUST 26, 2008
The City Council of the City of Downey held a Regular Meeting at 7:37 p.m., August 26,
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
Ross Trindle, Acting City Attorney
Lee Powell, Assistant City Manager
Kathleen L. Midstokke, City Clerk
Scott K. Pornrehn, Assistant Deputy City Manager
Desi Alvarez, Deputy City Manager/Special Projects
Roy Campos, Police Chief
Linda Haines, Building Director
John Michicoff, Finance Director
John Perfitt, Economic Development Director
Thad Phillips, Community Services Director
Brian Ragland, Public Works Director
Mark Sauter, Fire Chief
Susan Domen, Deputy City Clerk
Other Staff
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND
CONFERENCE/MEETING REPORTS:
Council Member Trejo noted that many citizens enjoy the Concerts in the Park series and he
is happy the City is able to the continue funding.
Council Member Cartozian reminded everyone that the last concert for the series is tomorrow
night; announced that the Downey Museum of Art’s 50th Anniversary fundraiser will be on September
6th at the Rio Hondo Country Club; noted he attended a Neighborhood Watch meeting and was very
impressed with the program given by Public Information ; gave a belated happy 94th birthday to his
Aunt Marian Perumean; announced he attended the Los Angeles Area Chamber of Commerce
meeting last week where Jim Young, Chairman of the Union Pacific Railroad spoke; announced that
a DART tour is scheduled soon; and wished everyone a great Labor Day weekend.
Mayor Pro Tem Guerra noted that twelve of the countries participating in the Olympics had
smaller populations than Downey; participated in a conference call with the Governor's office
regarding the State budget and announced he will be attending a press conference with the
Governor, in Los Angeles, tomorrow; commended the Community Services Department for the
wonderful summer camps they put on; and wished Dr. Mary Stauffer a happy 91 ;t birthday.
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Mayor Gafin announced that Council Member Cartozian will be receiving a Spirit Award from
the Human Services Association on Wednesday, October 1 ;t; commended the Community Services
Department for Concerts in the Park; announced the Gangs Out Of Downey (GOOD) meeting will be
on September 9th at 7:30 a.m.; requested a report regarding the City’s efforts re: unmaintained
pools, fountains and mosquito risks at vacant houses; a report regarding the City’s efforts re:
overgrown, dead lawns and maintenance of vacant houses; and a report regarding the City’s efforts
re: partially constructed houses and expired building permits.
PRESENTATIONS: None
PUBLIC HEARINGS:
1.APPEAL OF DESIGN REVIEW BOARD NO. 08-27, A REQUEST TO OVERTURN THE
PLANNING COMMISSION’S AND DESIGN REVIEW BOARD’S DECISION OF THE
APPROVAL OF DESIGN, COLORS AND MATERIALS FOR A NEW 7,087 SQUARE FOOT
2-STORY, SINGLE-FAMILY RESIDENCE ON PROPERTY LOCATED AT 9030 LUBEC
STREET: Community Development.
ADOPTED RESOLUTION NO. 08-7075, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY DENYING THE APPEAL TO OVERTURN THE PLANNING
COMMISSION’S AND DESIGN REVIEW BOARD’S APPROVAL OF DESIGN REVIEW
BOARD NO. 08-27 FOR THE DESIGN, COLORS, AND MATERIALS OF A NEW 2-STORY,
7,087 SQUARE FOOT RESIDENCE INCLUDING TWO, 2-CAR GARAGES AT 9030
LUBEC STREET, ZONED R-1 10,000 (SINGLE-FAMILY RESIDENTIAL).
Mayor Gafin opened the Public Hearing at 7:49 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.
Council Member Cartozian voluntarily excused himself from the dais for this item, explaining
that he had attended and spoke in regards to this item at the Planning Commission meeting,
although he did not take a position at that time.
Assistant Planner Shion Hori gave a Power Point presentation describing the project as a
new two-story 7,087 square foot residence with a four car garage. The surrounding properties are
all R-1 10,000 single family. It was approved at Design Review Board on May 14, 2008; appealed
on May 20, 2008 and was approved by the Planning Commission on July 16, 2008. The appeal of
the Planning Commission decision was accepted on July 24, 2008.
An aerial map of the surrounding property was displayed indicating the areas to the north
east and west as developed with single family homes and to the south is a church. A picture of the
current front elevation was displayed, indicating that the previous owner had to sell during mid
construction and the building permit expired. The new owner had to reapply and the new proposed
Italian Renaissance themed house was shown. She indicated this project is post-mansionization and
meets all new development standards. The calculation of the floor area ratio was explained.
Ms. Hori continued by summarizing the reasons given for the appeal. The definition of a
neighborhood was questioned as whether examined at a street level for a five hundred foot (500’)
radius or is the appellant’s location included as well and all of the houses in the area in between?
Staff examined the houses within the five hundred foot (500’) radius, showing many different styles
of homes and a neighborhood in transition. Additionally, the project is exempt under the California
Environmental Quality Act (CEQA) as it is not a historical structure and is a single family residence.
The material board indicating colors and textures was shown to the Council Members.
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George Redfox, resident of Downey, representing appellant Downey Conservancy, indicating
that the group is appealing the decision of the Planning Commission made on July 16, 2008, giving
the reasons as: (1 ) this neighborhood consists of a mix of mid-century ranch and traditional homes
with the proposed construction not fitting into the character of the neighborhood per Downey
Municipal Code (DMC) Section 9110.14; (2) by not enforcing the cited DMC Section, it will cause
cumulative impacts to the historic character of this neighborhood and irreversible harm; and (3) an
Environmental Impact Report (EIF:) is being requested due to the character of the neighborhood
being changed due to the cumulative impacts of not enforcing Section 9110.14.
Mayor Pro Tem Guerra asked Mr. Redfox how he would define a neighborhood. He
responded that it might officially be five hundred feet (500’) here in the City but the whole northeast
Downey area is a mix of mid-century homes with some mansions and some roof changes. In the
original staff report, there were thirty-three homes and four mansions out of the thirty-three, basically
12% of the homes in that area with 88% still original.
The following persons spoke in favor of the appeal:
Mark Neihouse
David Frederick
Pat Ritchell
Kathy Josso
Lourdes Godia (sp.?)
Maria Larkin
Dr. Sharia Malek
Richard Pridham
Michael Gonzales
Russell Rankin
Harold Tseklenis
Daniel Carlo, representing the applicant David Bottoms, explained the project complies with
all the code requirements and no variances are being requested. They have worked extensively
with staff and it would be unfair to change the rules at this time. He noted it is a big house, but there
are others in the area.
There being no further speakers, it was moved by Council Member Trejo, seconded by
Council Member Bayer and so ordered to close the Public Hearing, the time being 8:39 p.m.
Mayor Pro Tem Guerra noted that he understands the concern for the loss of privacy issues
but that the builder has followed all of the codes and therefore there is no legal ground to approve
this appeal. He stated the neighborhood is already in transition.
Council Member Bayer noted her concern with the small side yard setbacks on such large
homes and suggested that the City needs to look into this.
Council Member Trejo noted his concerns for such a large home, the impacts it will have on
resources and parking in the neighborhood; and would like to see it scaled back.
Mayor Gafin explained that in order for him to uphold the appeal, he must find that the
Design Review Board and Planning Commission did something wrong contrary to our codes and
policy. This building is within the codes without any exceptions. The neighborhood has already
changed and State law exempts this project from the preparation of an EIR.
It was moved by Mayor Pro Tem Guerra, seconded by Mayor Gafin and carried with Council
Member Bayer dissenting, and noting the absence of Council Member Cartozian, to adopt the
Resolution denying the appeal.
Council Member Cartozian returned to the dais, the time being 8:52 p.m.
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2.CONFORMANCE WITH METROPOLITAN TRANSPORTATION AUTHORITY’S (MTA)
CONGESTION MANAGEMENT PROGRAM (CMP): Community Development.
A. ADOPTED RESOLUTION NO. 07-7076, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY FINDING THE CITY TO BE IN CONFORMANCE WITH THE
CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL
DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE
SECTION 65089.
Mayor Gafin opened the Public Hearing at 8:52 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.
Assistant Planner II Jessica Halek presented a staff report explaining how the City is
conforming with Metropolitan Transportation Authority (MTA) 2004 Congestion Management
Program (CMP). The four elements of the CMP were discussed. She indicated that Proposition 111
gas taxes are estimated to be $685,000.
Mayor Pro Tem Guerra noted that the report stated there were 49 new homes and 20
demolished in the past year and pointed out that this is only 29 new homes in Downey.
Noting no one coming forward to speak, it was moved by Mayor Pro Tem Guerra, seconded
by Council Member Bayer and so ordered to close the Public Hearing, the time being 8:58 p.m.
There being no further discussion it was moved by Council Member Trejo, seconded by
Council Member Bayer and unanimously carried to adopt the Resolution.
The meeting recessed at 8:59 p.m. and reconvened at 9:08 p.m. with all Council Member
present,
NON-AGENDA PUBLIC COMMENT:
Alfonso Villasenor, resident of Downey, submitted a packet of information regarding continuous golf
balls flying onto his property. He alleged approximately 1500 in less than five years. He requested
that something be done for safety, indicating that he has been hit in the head by a ball and did
recover damages from the City.
Richard Pridham, resident of Downey, requested that the prior speaker’s complaint be given serious
consideration.
John Lacy, resident of Downey, noted that the upcoming GOOD meeting on September 9th at 7:30
a.m. will be at Downey City Hall in the 2-d floor training room; and encouraged everyone to display
the American flag on September 1 1 .
Lordes Cotoya (sp.?), resident of Downey, indicated that a neighbor of hers complained about her
activities at her home and now Code Enforcement is requiring a business license, etc. She feels
she is being singled out as she has sold Party Lite for three years and is just a consultant.
Mark Neihouse, resident of Downey, noted the closure of the Nordic Fox restaurant and suggested
that Downey Adult School use the site for their food preparation class.
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Dan Latham, resident of Downey, noted that he has seen a lot of change over the years and
inquired whether the City codes are being enforced, especially Section 9110.14 regarding
neighborhood compatibility.
Dr. Sharia Malek, resident of Downey, inquired whether the colors of downtown properties that was
brought up several months ago had ever been addressed; and requested that the high grass and fire
dangers near Garfield Avenue at Stewart and Gray Road be inspected.
Tony Tinaharo (sp.?), resident of Downey, thanked the City for repairing pot holes promptly; and
requested signage in alleys for crossing pedestrians and six foot wide sidewalks for wheelchair
accessibility.
CONSENT ITEMS REMOVED:
7.RECEIVE AND FILE STATUS REPORT ON MORATORIUM PROHIBITING THE
DEVELOPMENT OF NEW STANDALONE WIRELESS COMMUNICATIONS FACILITIES:
Community Development. This item was removed at the request of Mayor Pro Tem Guerra
and is listed under Other Business below.
16 ADOPT RESOLUTION NO. 08- . A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ESTABLISHING THE PAY AND BENEFITS FOR THE PART-TIME
POSITION OF POLICE CADET: Administration. This item was removed at the request of
Mayor Gafin and is listed under Other Business below.
CONSENT CALENDAR:
It was moved by Council Member Bayer, seconded by Council Member Trejo, and
unanimously carried to approve the remainder of the Consent Calendar items as recommended:
3.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings August 12, 2008:
City Clerk.
4.APPROVED WARRANTS ISSUED: Warrant Nos. 233911 – 234238: Wire Nos. 389 – 390,
30001736 – 30001744; in the total amount of $3,163,625.32: Finance.
5.ACCEPTED AND APPROPRIATED “EARLY LEARNING WITH FAMILIES AT YOUR
LIBRARY“ GRANT FUNDS IN THE AMOUNT OF $21,823: Community Services.
6.AUTHORIZED PAYMENT IN THE AMOUNT OF $179,653 TO SPEEDY CASH (8850
IMPERIAL HIGHWAY) FOR RELOCATION EXPENSES IN ACCORDANCE WITH THE
CALIFORNIA RELOCATION ASSISTANCE ACT: Administration.
8.APPROVED AND ALLOCATED $14,600 FOR THE PURCHASE OF MOBILE
COMMUNICATIONS EQUIPMENT: Fire.
9.AUTHORIZED THE UNSCHEDULED EQUIPMENT REPLACEMENT OF THE PUBLIC
WORKS DEPARTMENT RADIO COMMUNICATION SYSTEM; AND APPROPRIATED
$30,800 FROM THE WATER FUND AND $15,800 FROM THE GENERAL FUND: Public
Works
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10.CASH CONTRACT NO. 656 (PHASE 3B) – SOIL REMEDIATION WORK AT 9255
IMPERIAL HIGHWAY (FORMERLY SPARTAN LACQUER) – VAPOR EXTRACTION
SYSTEM PROJECT: APPROVED PLANS AND SPECIFICATIONS AND GRANTED
AUTHORITY TO ADVERTISE FOR BIDS: Public Works.
11.APPROVED EXTENSION OF AGREEMENT WITH WILLDAN FOR ON-CALL
CONSTRUCTION INSPECTION SERVICES: Public Works.
12.APPROVED EXTENSION OF AGREEMENT WITH THE GATEWAY CITIES COUNCIL OF
GOVERNMENTS REGARDING THE TRUCK IMPACTED INTERSECTION PROJECT:
Public Works
13.AGREEMENTS RELATED TO THE CITY’S TRAFFIC MANAGEMENT CENTER (TMC)
INFORMATION EXCHANGE NETWORK (IEN): Public Works.
A. APPROVED AMENDMENT TO AGREEMENT WITH LOS ANGELES COUNTY TO
INCLUDE AN INTERFACE BETWEEN THE TMC AND THE IEN.
B. APPROVED CHANGE ORDER TO AGREEMENT WITH SIEMEN’S ENERGY &
AUTOMATION, INC. IN THE AMOUNT OF $176,000 TO DEVELOP INTERFACE SYSTEM.
14.APPROVED AGREEMENT WITH DOWNEY UNIFIED SCHOOL DISTRICT REGARDING
THE SCHOOL SAFETY POLICE PROGRAM: Police.
15.APPROVED AGREEMENT WITH THE CITY OF PARAMOUNT FOR DOWNEY AVENUE
STREET IMPROVEMENTS; AND APPROPRIATE $90,000 1N ADDITIONAL GAS TAX
FUNDS; Public Works.
17.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE CITY’S MEMBERSHIP IN THE LOS ANGELES REGIONAL
INTEROPERABLE COMMUNICATIONS SYSTEM AND APPROVING THE EXECUTION
OF THE RELATED JOINT POWERS AGREEMENT: Administration.
ADMINISTRATIVE REPORTS: None.
OTHER BUSINESS:
18.DESIGNATED COUNCIL MEMBER KIRK CARTOZIAN AS THE VOTING DELEGATE FOR
THE ANNUAL LEAGUE OF CALIFORNIA CITIES BUSINESS MEETING: Mayor Gafin
A. ADOPTED RESOLUTION NO. 08-7078, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY DESIGNATING THE VOTING DELEGATE FOR LEAGUE OF
CALIFORNIA CITIES ANNUAL MEETING, SEPTEMBER 24-27, 2008, IN LONG BEACH.
It was moved by Mayor Pro Tem Guerra, seconded by Council Member Bayer and carried
noting the abstention of Council Member Cartozian, to adopt the Resolution.
CONSENT ITEMS REMOVED:
7.RECEIVED AND FILED STATUS REPORT ON MORATORIUM PROHIBITING THE
DEVELOPMENT OF NEW STANDALONE WIRELESS COMMUNICATIONS FACILITIES:
Community Development.
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Mayor Pro Tem Guerra asked for clarification on what the stop gap measure presented to the
Planning Commission was and was told that there has been a rewrite that will address height limits
as well as additional restrictions. He then asked if the two applications that were currently in the
process are being allowed to go forward and if the City had received any new applications. City
Manager Caton responded that there should be no further discussion on this item as it will be
coming back as a Public Hearing.
It was moved by Council Member Cartozian, seconded by Council Member Trejo and
unanimously carried to receive and file the report.
16.ADOPTED RESOLUTION NO. 08-7077, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ESTABLISHING THE PAY AND BENEFITS FOR THE PART-TIME
POSITION OF POLICE CADET: Administration.
Mayor Gafin requested an update on the program and how it will benefit the City. Police
Chief Campos explained that persons between the ages of 17-21 wishing to become Police Officers
in the future can join the Cadet program and begin their training while attending school. They will
receive the opportunity to get their education through California State University Long Beach or Los
Angeles. He noted that this will allow the department to start training the cadets to Downey’s
standards. Currently there are 70 people interested the program, Mayor Gafin then asked what
guarantees the City has that the participants after receiving there education will go on to joining our
police force and was informed that there will be a clause that they must work for the department for
a certain period of time.
Mayor Pro Tem Guerra asked how many people we currently have in the academy and how
many applications are being processed and was informed there are 3 in the academy, 4 more will be
starting and there are approximately 30 applications being processed.
It was moved by Mayor Gafin, seconded by Mayor Pro Tem Guerra and unanimously carried
to adopt the Resolution.
STAFF COMMENTS:
City Manager Caton noted that during this busy time with the new Learning Center, Park ,
Lakewood Boulevard improvements and water related issues, the Public Works staff has done a
tremendous job keeping up with it all and praised Deputy City Manager Alvarez for his work on the
Learning Center and Discovery Sports Complex.
ADJOURNMENT:
The meeting adjourned at 9:43 p.m. to 6:30 p.m. September 9, 2008.
Z=
KATHLEEN L. MIDSTOKKE, City Clerk dAVID R. GAFIN, Mayor
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