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HomeMy WebLinkAboutMinutes - 09-23-08 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING SEPTEMBER 23, 2008 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:31 p.m., September23, 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 6:35 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: None. RECESSED TO CLOSED SESSION: Mayor/Chairperson GaIn announced the Council/Commission is ncessing 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 54957.6 – Conference with labor negotiator Lee Powell re: direction for labor negotiations with Downey Public Safety Auxiliary Association and Downey City Employees Association - Maintenance. RECONVENED: The meeting reconvened in Open Session at 7:33 p.m. Wth all Council Members/Commissioners present. There were no Closed Session actions to report. City Council/Community Dev. Comm. Minutes (adj.) 09/23/08 -1 - ADJOURNMENT: The meeting adjourned at 7:34 p.m. q4aLbA) v-M/Baa KATHLEEN L. MIDSTOKKE, City Clerk/Secretary (/( // P . DAVID R. GAFIN, hhya7chairperson City Council/Community Dev. Comm. Minutes (adj.) 09/23/08 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING SEPTEMBER 23, 2008 The City Council of the City of Downey held a Regular Meeting at 7:37 p.m., September 23, 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 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 Cartozian mentioned the loss of Gary Morse; and requested staff to bring an Ordinance for consideration by the Council banning the use of plastic bags in our City. Mayor Pro Tem Guerra suggested the Green Task Force he has requested should look into the plastic bag Ordinance and requested that the first meeting be scheduled; requested staff to review the sign policy for City signs for consistency in design and replacement of older signs; requested staff look into the issue at Apollo Park between the different sports using the fields for practice time; requested a report for preparations/plans for new park space due to the Public Works Yard consolidation; mentioned he attended the International Conference on Shopping Centers in San Diego with Council Member Cartozian, Deputy City Manager Livas and Economic Development Director Perfitt where he attended many beneficial meetings; noted he made a presentation at Gallatin Elementary School’s Constitution Day; attended the Masonic Lodge event honoring City Employees; and stated that he participated in a conference call with the Governor’s office today regarding the budget and Proposition 11 redistricting. City Council Minutes 09/23/08 -1 - Council Member Bayer recognized Commissioner Fay Campbell in the audience; announced the Citizens Police Academy is starting September 24th and encouraged everyone to sign up for the next one; and announced that the Mayor’s Prayer Breakfast is on October 16th. Council Member Trejo commended Community Services for handling the issues at Apollo Park; and requested that the new center divider and improvements on Firestone Boulevard at the border with South Gate be extended into Downey if funding is available. Mayor Gafin noted that last Sunday he attended the Downey Ponytail League awards ceremony; announced that on September 29th the Chamber of Commerce is hosting a Golf Tournament and on October 13th the Police and Fire Foundation will be hosting one as well; and he recognized City Council candidates for District 3 Roger Brossmer, Russell Rankin and District 5 Luis Marquez in the audience. PRESENTATIONS: Carol Rowland, President of Gangs out of Downey, presented a $10,000 check for the School Resource Program in the high schools. Mayor Gafin presented a Proclamation declaring September 2008 as Alcohol and Drug Addiction Recovery Month. Mayor Gafin presented a Certificate of Achievement for excellence in financial reporting from the Government Finance Officers Association. PUBLIC HEARINGS: 1.COMPREHENSIVE UPDATE TO THE ZONING ORDINANCE: Community Development. A.INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING CODE AMENDMENT NO. 06-120, THEREBY ADOPTING THE COMPREHENSIVE UPDATE TO THE ZONING ORDINANCE AND INCORPORATING ALL CHANGES CONTAINED THEREIN TO ARTICLE IX OF THE DOWNEY MUNICIPAL CODE. B. INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING VARIOUS SECTIONS OF THE DOWNEY MUNICIPAL CODE THAT REFER TO ARTICLE IX OF THE MUNICIPAL CODE IN RELATION TO THE COMPREHENSIVE UPDATE TO THE ZONING ORDINANCE. Mayor Gafin opened the Public Hearing at 7:58 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 noted that the Zoning Code was adopted 31 years ago and since has had 98 revisions. This update will make sure it is in compliance with the General Plan, state and federal laws, reflect current planning trends, and be more comprehensible. He stated new Code will have 9 chapters and include tables, illustrations and flow charts to help make it easier to understand. In the R-1 Zone the goal is to reduce the bulk and mass of single family homes by requiring 5 foot yard setbacks on the first story and 15 foot yard setbacks on the second story; restricting the second floor to an 80% footprint coverage; changing the parking requirements based on the size of the structure instead of the number of bedrooms; and changing the Floor Area Ratio (FAR) to .55 with an additional .05 renewable energy bonus. He City Council Minutes 09/23/08 -2- noted that Section 9110.14(c) will now be numbered Section 9312.08 (B)(3). He continued that a Flexible FAR was looked at but was determined that the fixed .55 would maintain a balance that is fair to the residents. He continued explaining that the changes in the Multi-Family Zones would include an increase in the guest parking requirement; a requirement for active open space uses to which a list of suggested uses has been created; and building placement and driveway designs were addressed to invoke privacy techniques and create nicer looking units. He noted that on Second Unit Developments the location on lots; parking; size limitations; minimum lot coverage size; and meeting all development standards within the zone were addressed. In the Planned Unit Development Overlay Zone the major changes are reorganization and simplification; and revised regulations on site area, open space, distance between buildings and residential density bonus were addressed He noted that in the Commercial Zones the updates include the use of tables to outline development uses and standards. In the Manufacturing Zones development standards were revised for lot dimensions, lot area, setbacks, and height. The Parking Buffer Zone is a left over from the County Code and will be eliminated. The Mixed Use Zone will allow for the livable community vision that is in the General Plan by allowing for compatible land uses in the same location. This provides housing close to jobs/services, increases pedestrian activity, reduces vehicular traffic, storefront shopping streets, and encourages walking and social interaction. He continued that the Public Zone implements the General Plan land use designation, removes public uses from the Open Space Zone, and provides flexible development standards. For the Landscaping chapter there is increased tree requirements and size, required parking lot landscaping, drought tolerant plant usage, and mature tree preservation guidelines. The Sign standards will stay the same but are reorganized and graphics are added. He noted that the Administrative section provides flow charts, addresses the administrative permit, eliminates the Design Review Board, and addresses the site plan review. He concluded that staff is recommending to add an additional section to the Ordinance to allow for the grandfathering of any applications already deemed as complete. City Attorney Lee stated that the Council needed to decide on what the cutoff date for the applications would be on the grandfathering clause. Mayor Pro Tem Guerra asked how the .55 FAR was arrived at and was told that it is a compromise to reducing the bulk and mass of residential building and is based on staff experience and the consultant's knowledge to meet the needs of the community. He then asked for clarification that if a house burned down it could rebuild to the status it was prior and was told that this issue was addressed in the Mansionization Ordinance. Mr. Guerra then questioned the guest parking requirements and whether or not it should be increased for actual residents instead and was told that the guest parking spaces are available for both uses unless specifically restricted. He noted that the draft Code is very complex and he would need more time to review it. He then asked how many applications are currently in process and was told there are approximately 50 in process but if you remove the R-1 ones there are approximately 20. After the Public Speakers he asked if the City knew of any houses being done illegally in the City and was told no. Council Member Cartozian asked how the FAR values were created and was told that it was staff and the consultant. He then asked how staff time in the FAR table was determined and was told that actual time was tracked on the three projects used as examples. He noted his concerns that this is a reactive solution instead of a proactive solution and questioned why the FAR’s are not digitized for all properties within the City and was told that it would take significant amount of staff time and resources for a project of this size. He then asked why some commercial building are allowed to have freestanding signs such as IHop and others can not and was told that it is based on the amount of street frontage of the property. He stated that previously he had asked for more driveway space as opposed to just more garage space and noted he did not see it in here and would like to City Council Minutes 09/23/08 -3- Mayor Gafin noted that the parking requirements were recently changed to be determined by the number of bedrooms in a residence and questioned why we would change it back to lower standards and was told that people have found loopholes in the requirements and it was felt that this would solve that issue. George Redfox, resident of Downey, stated that he likes the proposed plan, however, he was expecting the Design Guidelines to be included and noted his concerns over the parking throughout the City and the City’s efforts towards preserving historical sites. Carl Chavez, resident of Downey and builder, explained that he thinks the new rules are too restrictive on the FAR, and the parking requirements and both should be left alone. Harold Tseklenis, resident of Downey, noted his disappointment that the Design Guidelines were not included as promised and suggested that the burden of determining the FAR's be put onto the applicants instead of staff. He explained that nothing on the setbacks and size of the homes is being addressed for invasion of privacy on the neighbors, He then asked when the proposed Code had been made available for public review. Jesse, resident of Downey, stated his concerns on changing the FAR determinations. Russell Rankin, resident of Downey, noted that he had pulled plans on recent owner/builder homes and that every one of them has been done illegally as the State regulations are being ignored. He agreed with changing the FAR to .55. It was moved by Council Member Trejo, seconded by Council Member Bayer and so ordered to close the Public Hearing, the time being 9:11 p.m. Council Member Bayer thanked staff for the excellent report and including the signage section. Council Member Trejo thanked staff for the report and the workshops and stated that the City has always been concerned with historical preservation and questioned whether or not we were in a situation to spend funding on digitizing since we were under a hiring freeze. Council Member Cartozian thanked staff for the work on the report and noted that this is more than he can handle comprehending tonight. He stated that a lack of technology should not prevent the Council from setting policy and if there is not the manpower to do the digitizing or the technology then the resources should be put in for this. He agreed that the Design Guidelines should be addressed and asked for a cost estimate on the digitizing project. He also noted his disagreement with the FAR being at .55 and stated it should be a Flexible FAR system. Mayor Pro Tem Guerra noted that he is not in favor of changing the FAR and that the City cannot prevent any resident from having whomever they choose living in their home. He is in favor of historic preservation although the City cannot buy all of the properties and take them over. Mayor Gafin noted that he does not agree with a Flexible FAR as it is innately unfair and will only create a constant catching up situation. He believes that a .6 would be a decent compromise and stated that the parking requirements should not be changed again. He mentioned that even though the City is under budget constraints that the digitizing could be looked into and asked staff to analyze the impact of the FAR's on smaller and larger lots. City Manager Caton noted his pleasure that after 31 years it is wonderful that there are only 2 – 3 issues left unresolved and stated that staff can bring back alternatives and cost approximations to the Council City Council Minutes 09/23/08 -4- With the consent of the Council, Mayor Gafin directed that this Hem be continued to the October 14th meeting. The meeting recessed at 9: 36 p.m. and reconvened at 9:45 p.m. with all Council Members present NON-AGENDA PUBLIC COMMENT: Fernando Vasquez, resident of Downey, requested an update on the website improvements. John Lacy, resident of Downey, complimented the Council on the Citizens Guide to City Council Meetings brochure; noted that the Governor signed the state budget today and suggested the City discuss how it will be affected; and inquired whether the pension portfolio is being affected by the credit crunch. Mayor Pro Tem Guerra noted that the website subcommittee had their first meeting and things are progressing City Manager Caton noted that the initial review of the State Budget shows that the City will loose approximately $300,000 in redevelopment funds and that it will take approximately one year to see the effect on the CalPers pension funds. CONSENT ITEMS REMOVED: None. CONSENT CALENDAR: It was moved by Mayor Pro Tem Guerra, seconded by Council Member Cartozian, and unanimously carried to approve the Consent Calendar items as recommended: 2.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings September 9, 2008: City Clerk. 3.APPROVED WARRANTS ISSUED: Warrant Nos. 234634-234910; Wire Nos. 30001757- 30001765; 393-394; in the total amount of $4,141,875.89: Finance. 4.AUTHORIZED THE MODIFICATION OF THE STAFFING TABLE OF THE POLICE DEPARTMENT TO ALLOW FOR THE ADDITION OF ONE LIEUTENANT POSITION AND THE DELETION OF ONE POLICE OFFICER POSITION: Police. 5.APPROVED AN AMENDMENT TO THE CONTRACT WITH DAPEER. ROSENBLIT & LITVAK. LLP. TO INCREASE THE COMPENSATION RATE FOR CITY PROSECUTOR SERVICES TO $165 PER HOUR: Police. 6.AUTHORIZED DISBURSEMENT OF $10,000 FROM ASSET FORFEITURE FUNDS TO PURCHASE RUBBER GYMNASIUM FLOORING: Police. 7.CASH CONTRACT NO. 663 - BARBARA J. RILEY COMMUNITY AND SENIOR CENTER PAINTING PROJECT: ACCEPTED THE PAINTING AND MAINTENANCE RESPONSIBILITY AND APPROVED THE FINAL CONTRACT AMOUNT OF $49,500: Public Works City Council Minutes 09/23/08 -5- 8.AWARDED CASH CONTRACT NO. 662 1N THE AMOUNT OF $226,088 TO JMJ CONTRACTORS. INC. FOR THE CIVIC CENTER NORTH PARKING LOT UPGRADE PROJECT; AND APPROPRIATED $60,002 FROM THE ASSET FORFEITURE FUND: Public Works. 9.APPROVED AGREEMENT WITH CTG ENERGETICS FOR ENVIRONMENTAL PLANNING SERVICES FOR THE TIERRA LUNA SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT: Economic Development. 10.ADOPTED RESOLUTION NO. 08-7079, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY POLICE OFFICERS’ ASSOCIATION (June 30, 2008 – June 30, 2011 ): Administration. 11.ADOPTED RESOLUTION NO. 08-7080, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES (CONTRIBUTION CODE 14); Administration. 12.ADOPTED ORDINANCE NO. 08-1233, 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. 13.ADOPTED ORDINANCE NO. 08-1234. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY RENUMBERING AND AMENDING SECTION 9136.28 TO SECTION 9426 OF DOWNEY MUNICIPAL CODE, RELATING TO REGULATION OF WIRELESS COMMUNICATION FACILITIES: Community Development. ADMINISTRATIVE REPORTS: 14.RECEIVED AND FILED DOWNTOWN PARKING STUDY AND REPORT: Economic Development. Economic Development Intern Reyes presented a Power Point presentation noting that the objectives for the study were to provide an overview of the current parking situations; use the information for growth planning for the area; and inform current entitlement processes. She noted that the studies were conducted on July 30, 2008 and August 1 , 2008 at 10:00 a.m., 3:00 p.m. and 8:00 p.m. At the peak occupancy rate only 42% of parking spaces were being utilized Mayor Pro Tem Guerra noted that this information had been presented to the subcommittee and it shows that the parking spaces are not being utilized to capacity. Council Member Cartozian asked how the times for the studies were decided and why the noon hour was not used and was told that the times were considered to give the greatest accuracy for the average parking utilization and that the noon hour had to many people coming and going quickly, therefore it would not be accurate. It was moved by Mayor Pro Tem Guerra, seconded by Council Member Bayer and unanimously carried to receive and file. City Council Minutes 09/23/08 -6- 15.APPROVED AMENDMENT TO AGREEMENT WITH DELPHI PRODUCTIONS IN THE AMOUNT OF $152,565 RELATED TO THE COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER: Administration. Columbia Memorial Learning Center Executive Director Betthauser presented a Power Point presentation explaining that this amendment is for the completion of the Phase 2 exhibits as well as the moving, installation and testing of both Phase 1 and Phase 2 exhibits at the Learning Center. He noted that the source of the funding will come from the NASA grant fund and that there will be a more detailed update of the building progress at the October 14th Council meeting. It was moved by Council Member Cartozian, seconded by Council Member Bayer and unanimously carried to approve the amendment to the agreement. OTHER BUSINESS: None. CONSENT ITEMS REMOVED: None. STAFF COMMENTS: City Manager Caton noted his pleasure that after 31 years the updating of the Zoning Code has only two or three issues remaining and commended staff for doing a great job. ADJOURNMENT: The meeting adjourned at 10:10 p.m. to 6:30 p.m. October 14, 2008 in memory of Gary Allan Morse, Sr., longtime Downey resident and Dr. Robert Barndt, longtime Downey resident. MM)V .tI c' 'I - J*,/ ; DAVID R. GAFIN, MayorKATHLEEN L. MIDSTOKKE, City Clerk City Council Minutes 09/23/08