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HomeMy WebLinkAboutMinutes - 09-09-08 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING SEPTEMBER 9, 2008 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:30 p.m., September9, 2008, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairperson David R. Gafin 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 6:55 p.m.) ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Lee Powell, Assistant City Manager/Executive Director Edward W. Lee, City Attorney/Agency Counsel Kathleen L. Midstokke, City Clerk/Secretary Scott K. Pomrehn, Assistant Deputy 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: August 26, 2008. It was moved by Vice-Chairman/Mayor Pro Tem Guerra, seconded by Council Member/Commissioner Bayer and carried (3/0) to approve. 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 54957.6 – Conference with labor negotiator Lee Powell re: direction for labor negotiations with Downey Public Safety Auxiliary Association and Downey City Employees Association - Miscellaneous. The meeting reconvened in Open Session at 6:55 p.m. Wth all Council City Council/Community Dev. Comm. Minutes (adj.) 09/09/08 -1 - Members/Commissioners present. It was approved by a 4/5th; vote to add the following item, noting that Council Member/Commissioner Cartozian recused himself from the discussion due to Cartozian & Associates being the broker of record for the underlying property owner. 3. Government Code Section 54956.8 – Conference with real property negotiator Gilbert Livas re: property at 8233 Firestone Blvd.; negotiating party: Raul Porto; under negotiations: price and terms of payment. The meeting recessed to Closed Session at 6:56 p.m. to continue discussion ofthe items. RECONVENED: The meeting reconvened in Open Session at 7:33 p.m. Qth all Council Members/Commissioners present. There were no Closed Session actions to report. ADJOURNMENT: The meeting adjourned at 7:33 p.m. %az%)aM42,z,gaz, ( DAVID R. GAFIN ,'Nbyor/ChairpersonKATHLEEN L. MIDSTOKKE, City Clerk/Secretary City Council/Community Dev. Comm. Minutes (adj.) 09/09/08 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING SEPTEMBER 9, 2008 The City Council of the City of Downey held a Regular Meeting at 7:35 p.m., September 9, 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 Deputy City Manager Desi Alvarez, Deputy City Manager/Special Projects Roy Campos, Police Chief Gilbert Livas, Deputy City Manager/Community Development 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 Bayer recognized her Commissioners Pat Smith, Lee Ann Sears and Maria Larkin in the audience; announced that Citizens for Downey will meet Wednesday morning; announced that on Thursday Our Lady of Perpetual Help will hold a Blue mass at 8:30 a.m.; and noted that Keep Downey Beautiful will be meeting at Independence Park for a clean-up on Saturday, September 20th from 9-10 a.m. Council Member Trejo thanked Community Services for allowing him to be a part of Concerts in the Park and is very proud of the series; and announced that the Downey Junior Athletic Association is having flag football sign-ups for children between the ages of 5-14. Council Member Cartozian congratulated Community Services for the Concerts in the Park series; noted he has been working on Orangeline Development Authority negotiations; stated he toured the DART facility with the Mayor and Mayor Pro Tem; and invited everyone to attend a fundraiser for Senator Lowenthal at his office on September 18th. City Council Minutes 09/09/08 -1- Mayor Pro Tem Guerra announced he is hosting a Town Hall meeting at the Barbara Riley Center on October 2-d; commented on Code Enforcement activity reports noting that 2,183 complaints were filed through July and 1,148 were closed; stated that despite the letter in the Patriot, he does not park in fire lanes; announced he will be attending the shopping center conference in San Diego this week; and noted that programs like the Southeast Los Angeles Coalition Work Investment Board are being hurt by the State Legislature not passing a budget. Mayor Gafin congratulated Community Services for the successful Concerts in the Park series; announced that there will be an advanced gardening workshop on September 13th at 9 a.m. at the Barbara J. Riley Center; and recognized City Council candidates Russell Rankin, Maria Larkin, Gary DeRemer and Shahira A-Malek in the audience. Council Member Trejo mentioned the sanitation waste clean up held last Saturday and announced the next one will be in November at Sims Park. PRESENTATIONS: Mayor Gafin presented a Proclamation declaring September as Literacy Month 2008. Mayor Gafin presented a Certificate of Appreciation to Nick Hasir for his 103rd Birthday. PUBLIC HEARINGS: 1.URGENCY ORDINANCE RELATING TO THE REGULATION OF WIRELESS COMMUNICATION FACILITIES: Community Development. A. ADOPT ORDINANCE NO. , AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY RENUMBERING AND AMENDING SECTION 9136.28 TO SECTION 9426 OF THE DOWNEY MUNICIPAL CODE, RELATING TO REGULATION OF WIRELESS COMMUNICATION FACILITIES. Mayor Gafin opened the Public Hearing at 7:57 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 a Power Point presentation noting the existing requirements for the installation of wireless towers/antennas and the proposed changes. The proposed changes are: Planning Commission approval of Conditional Use Permits, permits structures in all zones except R-1 and R-2, creates a height cap of 38 feet, and cleans up the language on the prioritization of towers. He continued that the new standards will require photo simulations, a network plan, propagation maps, ensuring the stealth methods are consistent with the surrounding area; and a provision that allows the City Council to adopt further stealth method guidelines at a future time. He concluded that this Ordinance is being brought forward now so that the two applications that have been put on hold can continue and noted that further provisions would be brought back at a later date. Council Member Cartozian asked for clarification whether or not the 38 foot cap was for freestanding or building mounted antennas and was informed that it is for both and that this provision takes away the authority of the Planning Commission to grant taller towers. He then asked if any of the current applicants were proposing taller towers and was told that they both were proposing 50 foot high towers. City Council Minutes 09/09/08 -2- Mayor Pro Tem Guerra questioned why we would remove the flexibility in the height requirement and was told that it will provide clearer direction for freestanding towers and that there are buildings that would allow for greater height therefore encouraging more building mounted antennas. He then asked if the carriers have been talked to about using existing light poles and was told that this certainly can be done, however, they are in the right-of-way and fall under different rules and that this Ordinance is only for private properties. City Attorney Lee clarified that this Ordinance only covers installation of antennas on private property and that there is current litigation being decided on whether or not the City has a right to grant authority for the installations in the public right-of-way. He reminded them that the Council is only considering the height restrictions and stealth methods on antennas on private property. Mayor Pro Tem Guerra asked if the two applicants that are on hold could be grandfathered so that they can build to the 50 feet and was told by City Attorney Lee that the grandfathering can be done as it is a policy issue for the Council; but that the option was not provided in this Ordinance and it would have to be brought back at a later date. Council Member Cartozian asked if the buildings in the downtown area were considered and was told that they were and it would allow for the higher vertical element by being mounted on the buildings. Deputy City Manager Livas noted that the taller buildings currently have towers that are higher and that staff is trying to create balance between the height needs and the aesthetics for the citizens. It was noted that with the new Ordinance the cell phone companies can ask for waivers if they prove it is to correct a dead zone issue. City Manager Caton noted that once the Public Hearing has concluded, the Council can discuss any changes and request staff to work on it further. He clarified that if the Council denies the emergency Ordinance before them, then the current regulations will continue as is. Joe Thompson, T-Mobil representative, provided materials to the Council and stated that their application has been in the process for 4 to 6 months. He feels the City is stalling them until they get the new restrictions in place and that it is unfair. He continued that they have had numerous site visits and have invested approximately $75,000 already under the constant direction of staff Mayor Pro Tem Guerra stated that he did not feel staff had delayed the application and asked how many towers T-Mobil currently has and was told there are 8 with 3 more proposed. He asked how they felt about using light poles or telephone poles and was told there can be line of site issues on the light poles and telephone poles are not feasible since they have to be 10 feet below the lowest wire. Mayor Gafin said he spoke with Verizon who assured him light poles were not an issue and would like to direct staff to look into the feasibility of light poles use. Council Member Cartozian asked for the diameter of the flag pole option and was told it is approximately 18 inches, however, it allows only for a single use instead of multiple that the towers allow Peter Ferraro, Verizon Wireless representative, requested that there remain flexibility in the height requirements and suggested that poles up to 38 feet do not have to have stealth measures where poles over 38 feet would require it. Russell Rankin, resident of Downey, asked for clarification that the towers are not beingallowed in R-1 zoned areas. City Council Minutes 09/09/08 -3- It was moved by Council Member Cartozian, seconded by Council Member Bayer and so ordered to close the Public Hearing, the time being 8:42 p.m. Council Member Cartozian stated he originally did not want the moratorium to extend beyond the 45 days because of the two applicatIons already received being delayed; however, he would now support the extension of the moratorium to allow staff more time to prepare a thorough Ordinance, if the two applicants were allowed to proceed now. Mayor Pro Tem Guerra noted his concerns for the two applicants and stated that more time and discussion is needed before this Ordinance can proceed, however, the applicants should not be held up Mayor Gafin reiterated that there is not an option to extend the moratorium on the agenda and therefore it expires. He noted concerns that more applications will be submitted if they do not act on this and stated that the two currently received should be allowed to proceed. It was moved by Mayor Gafin, seconded by Council Member Bayer and unanimously carried to send the Ordinance back to staff for the addition of a grandfather clause for the two applications pending. NON-AGENDA PUBLIC COMMENT: Allen Chromiak, resident of Downey, noted his concerns with Code Enforcement and the City Prosecutor’s office on the handling of his case. City Attorney Lee suggested that Council refer staff to resolve the issue with the City Prosecutor. Rick and Laurie C;hides, residents of Downey, noted their concerns with the Building Department and their efforts to resolve a final inspection on their home. City Manager Caton directed Deputy City Manager Livas to meet with them after the meeting. Dr. Shahira A-Malek, resident of Downey, commented that the previous speakers want to be heard by someone. Greg McFee, friend of first speaker, read a prepared statement in support of Mr. Chromiak and noted that he should be treated with respect and not as an adversary when he has been trying to comply. CONSENT ITEMS REMOVED: None CONSENT CALENDAR: It was moved by Council Member Cartozian, seconded by Council Member Bayer, and unanimously carried to approve the Consent Calendar items as recommended: 2. 3. APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings August 26, 2008: City Clerk. APPROVED WARRANTS ISSUED: Warrant Nos. 234239-234633; Wire Nos., 391-392; 30001745-30001753; in the total amount of $3,601,675.87: Finance. 4.APPROVED AGREEMENT WITH HUITT-ZOLLARS, INC. FOR ON-CALL LAND SURVEYING SERVICES FOR A TERM OF TWO YEARS: Public Works. City Council Minutes 09/09/08 -4- 5.ADOPTED ORDINANCE NO. 08-1232, 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: 6.INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY DELETING SECTION 9144.08 AND ADDING CHAPTER 9 TO ARTICLE V OF THE DOWNEY MUNICIPAL CODE REGARDING PUBLIC NUISANCES: Police. Police Captain McCulloch presented a Power Point presentation noting that this is moving the nuisance Ordinance into its own section of the Code which will include defining standards and an administrative abatement procedure, and an administrative citation program which allows the opportunity for the deficiencies to be corrected in a timely manner by using Hearing officers instead of the Courts. This will reduce costs as well. Mayor Gafin noted concerns about the changes to this Code section appearing heavy handed. He suggested a subcommittee be formed to evaluate the old Code against the new and thoroughly review for issues that might arise and stated he wished to be on the subcommittee. Mayor Pro Tem Guerra agreed with Mayor Gafin’s concerns and feels that a subcommittee is a good idea of which he would be happy to serve on. Council Member Cartozian noted his agreement and asked why this was being brought forth at this time and was told that because of the updating of the Zoning Code it was felt that it would be a good time to remove it from this area. He noted that there is no indication in the report which sections are new, revised or existing and requested that this information be given to the subcommittee. Council Member Trejo noted his agreement with a subcommittee. Council Member Bayer noted her agreement with a subcommittee and stated she would serve on it as well. Mayor Gafin noted that Mayor Pro Tem Guerra had said he would serve already and so ordered the formation of a subcommittee to review the information and directed staff to set up a meeting: consisting of Mayor Gafin and Mayor Pro Tem Guerra. 7.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING AN ADMINISTRATIVE CITATION PROGRAM AND AMENDING SECTION 1200 AND ADDING CHAPTER 4 TO ARTICLE 1 OF THE DOWNEY MUNICIPAL CODE: Police. Captain McCulloch provided a staff report explaining that this would allow for the Police Department to have a citation program on Code Enforcement issues after no compliance by the homeowner. Staff suggested $100 for the first offense and $200 for the second with the amounts increasing with the number of offenses. He noted other cities have implemented successful programs like this. Mayor Gafin asked for clarification that the designated hearing officer is not connected to the department in any way and was told they would use the company that does the parking citations. City Council Minutes 09/09/08 -5- Mayor Pro Tem Guerra asked if this would effect the situation brought up during public comment regarding the block wall and Police Chief Campos clarified that the department seeks voluntary compliance on all cases. Council Member Bayer asked if compliance would erase the fines and was told that if they automatically complied then they wouldn’t get any fines, however, once assessed they would be non refundable. It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Guerra and unanimously carried to introduce the Ordinance. OTHER BUSINESS: None STAFF COMMENTS: None. ADJOURNMENT: The meeting adjourned at 9:27 p.m. to 6:30 p.m. September 23, 2008 in memory of Emma Jean (Jeanne) Cook, retired Deputy City Clerk and longtime resident; Mary Russell, longtime resident and mother of Maria Larkin; Ruby Bird, longtime resident and sister of Maria Larkin; and Don Munoz, Past Operator of Rio Hondo Country Club Concession. KATHLEEN L. MIDSTOKKE, City Clerk Bm\fAml Mayor City Council Minutes 09/09/08