Loading...
HomeMy WebLinkAboutMinutes - 10-14-08 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING OCTOBER 14, 2008 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:32 p.m., October 14, 2008, in the Council Chamberof 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 6:50 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: September 9 and 23, 2008. It was moved by Council Member/Commissioner Cartozian, seconded by Vice Chair Person/Mayor Pro Tem Guerra and carried (4/0) to approve. RECESSED TO CLOSED SESSION: Mayor/Chairperson Gafin announced the Council/Commission is ncessing to Closed Session (6:33 p.m.) to discuss matters under the authority of the following sections of the Government Code: 1. Government Code Section 54956.9(b)(1 ) – Conference with legal counsel – anticipated litigation. Significant exposure to litigation –one potential case. 2. Government Code Section 54956.9(c) – Conference with legal counsel – anticipated litigation. Initiation of litigation – one potential case. 3. Government Code Section 54957.6 – Conference with labor negotiator Lee Powell re: direction for labor negotiations with City Employees Association – Miscellaneous. City Council/Community Dev. Comm, Minutes (adj.) 10/14/08 -1 - RECONVENED: The meeting reconvened in Open Session at 7:31 p.m. Qth all Council Members/Commissioners present ADJOURNMENT: The meeting adjourned at 7:31 p.m. ~%tAZ„,JV . "ndaIMa KATHLEEN L. MIDSTOKKE, City Clerk/Secretary DAVID :lo City Council/Community Dev. Comm. Minutes (adj.) 10/14/08 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING OCTOBER 14, 2008 The City Council of the City of Downey held a Regular Meeting at 7:33 p.m., October 14, 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 Kirk O. Cartozian Rick Trejo Mayor Mayor Pro Tem ALSO PRESENT:Gerald M. Caton, City Manager Edward W. Lee, City Attorney Kathleen L. Midstokke, City Clerk Scott K. Pornrehn, 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 announced that the Mayor Prayer’s Breakfast is this Thursday and the annual Pumpkin Patch will be on Friday, October 31 st at Apollo Park. Council Member Trejo announced that the Downey Junior Athletic Association started their flag football season and he was late for the Special Meeting due to his son’s game. Council Member Cartozian noted that he attended the League of California Cities conference in Long Beach two weeks ago which included a number of new technologies; he thanked City Manager Caton for speaking to the Downey Rotary and at the Special meeting last week regarding the Boil Water Order; stated that he attended the YMCA/Rotary Pancake Breakfast over the weekend; and will be giving presentations on the Orangeline at the California Contract Cities Association Annual Fall Conference in San Luis Obispo on Saturday and at Mobility 21 on Monday, a conference about the movement of people. City Council Minutes 10/14/08 -1- Mayor Pro Tem Guerra stated he also attended the League of California Cities conference; reported that on October 2nd he held a town hall meeting; and noted that Code Enforcement has picked up 26 political signs already this election season. Mayor Gafin announced the Chamber of Commerce’s Business Expo on Thursday at Stonewood MaIl; the Chamber of Commerce and the Gas Company will be hosting a Candidate's Forum on October 23rd; and the Discovery Sports Complex will be having a dedication ceremony on October 28th PRESENTATIONS: Mayor Gafin presented a Proclamation declaring the month of October as National Fire Prevention Month. PUBLIC HEARINGS: None. NON-AGENDA PUBLIC COMMENT: Russell Rankin, resident of Downey, requested the date of the Fire Department’s Flu Shot service and was informed that it will be held on November 1 st from 9 a.m. – 1 1 :30 a.m. at 12222 Paramount Boulevard. Julia Emerson, representative from Southern California Gas Company, reiterated that the Candidates forum will be on October 23'd and is open to the public. She also noted that the Gas Company recently sent emergency teams to the fire areas. Nick Adams, resident of Downey, announced that Philly’s Best will be hosting the second annual Downey/Warren Beef Bowl fundraiser on November 1 “ from 1 p.m. – 3 p.m. at Downey Landing. Shahria A-Malek, resident of Downey, encouraged home owners to change out wooden shingles and asked if there were programs available that the City could provide financial incentives; and asked if there are any plans for a new Fire Station in the Downey Landing area with the new development. Richard Pridham, resident of Downey, noted his gratitude for the City’s Fire Department and suggested that the vacant lots around the City be kept up to Code as well; he also questioned why a letter he wrote to the Mayor was shared with other Council Members. Mayor Gafin explained that any mail received by the Council is public record. CONSENT ITEMS REMOVED: 3.RECEIVE AND FILE REPORT ON CITY COUNCIL MEETING DATES FOR NOVEMBER AND DECEMBER, 2008: City Clerk. This item was pulled at the request of Council Member Cartozian and is listed under Other Business below. City Council Minutes 10/14/08 -2- CONSENT CALENDAR: It was moved by Council Member Trejo, seconded by Council Member Bayer, and unanimously carried to approve the remaining Consent Calendar items as recommended: 1.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings September 23, 2008: City Clerk. 2.APPROVED WARRANTS ISSUED: Warrant Nos. 234911-235490: Wire Nos. 30001754- 30001756, 3001766-3001771 and 395-399; in the total amount of $4,977,202.21 : Finance. 4.ADOPTED RESOLUTION NO. 08-7081, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY POLICE MANAGEMENT ASSOCIATION (June 30, 2008 – June 30, 2011): Administration. 5.ADOPTED RESOLUTION NO. 08-7082. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING SALARY INCREASES TO THE SALARY RANGE FOR THE POSITION OF CHIEF OF POLICE: Police. 6.ADOPTED RESOLUTION NO. 08-7083. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY’S CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION’S STANDARD MODEL CONFLICT OF INTEREST CODE: City Clerk. 7.ADOPTED RESOLUTION NO. 08-7084, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A TWO-HOUR PARKING RESTRICTION FROM 7:00 A.M. TO 7:00 P.M.. EXCEPT SATURDAYS. SUNDAYS AND HOLIDAYS. ON BOTH SIDES OF PRISCILLA STREET, BETWEEN LAKEWOOD BOULEVARD AND HANWELL AVENUE: Public Works. 8.ADOPTED RESOLUTION NO. 08-7085. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 69945 (8103 FOURTH STREET), APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING A CASH DEPOSIT AS SURETY: Public Works. 9.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO SPEED LIMITS FOR FIRESTONE BOULEVARD: Public Works. ADMINISTRATIVE REPORTS: 10.COMPREHENSIVE UPDATE TO THE ZONING ORDINANCE: Community Development. (Continued from 09-23-08) A.INTRODUCED 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. INTRODUCED 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. City Council Minutes 10/14/08 -3- Senior Planner Blumenthal presented a Power Point presentation stating that at the Public Hearing on September 23rd, the City Council had three areas of concern; the Floor Area Ratio (FAR), the ability to digitize the FAR’s for all of the lots in the City, and the parking requirements for homes. He explained that the current FAR is .65 and originally staff suggested .55. Due to concerns raised, 18 other cities were polled and it was discovered that they range from .40 to .60. He presented a breakdown of the allowable space from .50 to .70 FAR and noted that whichever option the Council chooses, the renewable energy bonus allows the homeowner to construct an additional .05 FAR above the maximum. He continued explaining that digitizing the FAR information for the City would cost approximately $225,000 and to obtain a permit tracking system would cost upwards of $600,000. He concluded by noting that the current Code requires parking spaces to be determined by the amount of bedrooms in the home, which causes confusion to the applicants as to what qualifies as a bedroom and suggested that it be determined by the square footage of the home. Mayor Gafin noted that the Council would address each item separately and all Council Members agreed that the new Code is an improvement and easier to understand. The Council discussed the digitizing of the FAR for the entire City and noted their concerns for the cost of this project and funding over time. Council Member Cartozian presented a Power Point presentation discussing a sliding scale or adjustable FAR that would allow for homeowners to build between the .40 and .60. He stated this would allow for new projects to build at higher levels and was not as restrictive to the homeowners in the future. His sliding scale proposal would be based on taking the average FAR for the surrounding neighborhood, therefore where homes are already larger they could have a higher FAR and where homes are smaller they could still increase as well, just not to the same scale. Mayor Pro Tem Guerra noted that he does not agree with the sliding scale FAR because it is not fair to all residents and stated he would be willing to accept a .60 FAR. Council Members Trejo and Bayer agreed that this is not fair to all of the citizens, that something needed to be in place that would work for the entire City. Mayor Gafin noted that he thinks the sliding scale or flexible FAR is not fair to all citizens as there will be constant adjustments, and asked what triggers the additional .05. Senior Planner Blumenthal explained that by using renewable energy such as solar or wind energy and installing green water heating systems. The following persons spoke noting their concerns about how the FAR is determined, how parking is determined and requesting the design guidelines which are long overdue: Harold Tseklenis George Redfox Shahria A-Malek Carl Chavez Bob Goldstein It was moved by Council Member Guerra, seconded by Mayor Gafin and carried noting the dissention of Council Member Cartozian to introduce the two Ordinances reducing the FAR from 65 to 60 The meeting recessed at 9:15 p.m. and reconvened at 9:25 p.m. with all Council Members present 11.ESTABLISHED NEW PUBLIC NUISANCE STANDARDS AND PROCEDURES AND DELETING PROPERTY MAINTENANCE ORDINANCES FROM THE ZONING CODE: Police. (Continued from 09-09-08) City Council Minutes 10/14/08 -4- A. INTRODUCED 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 Captain McCullough presented a Power Point presentation stating that it is proposed to remove this section from the Zoning Code and remove the vague language, clearly define the standards, and create an administrative abatement process including notice given and appeal offered Mayor Gafin noted that the subcommittee had met with Code Enforcement regarding the issues brought forth previously and are now satisfied with the Ordinance that is being presented. Richard Pridham, resident of Downey, stated that he hopes this will improve the efficiency of the department as well as the enforcement of issues that have been there for years. It was moved by Mayor Pro Tem Guerra, seconded by Council Member Bayer and unanimously carried to introduce the Ordinance. 12.REPORT ON PLASTIC BAG ORDINANCE FOR COUNCIL CONSIDERATION AND DIRECTION: City Attorney. City Attorney Lee presented a staff report outlining legal challenges and asking for further direction. A supplement from the American Chemistry Council outlining other options was noted. Mayor Pro Tem Guerra mentioned that he had received other correspondence and did some research on his own. He was surprised by some of the information and is unwilling to have staff spend time or money on this item and suggested it be reviewed by a Green Task Force that he previously requested . Council Member Cartozian noted that he supports a Green Task Force reviewing the issue but felt it was important to start looking at this big issue. Council Member Trejo stated he is in favor of entertaining a study on this and feels it will affect small businesses. Mayor Gafin mentioned that he feels a recycling program instead of a prohibition is a better option and would not be opposed to a Green Task Force looking into the issue. Council Member Cartozian asked staff to report the effects of plastics getting into the water drainage system and the costs the City incurs because of it. Deputy City Manager Alvarez noted that there is always an issue with the amount of litter in the waterways that ends up in bays and oceans and is subject by the Regional Water Control Board. He concluded that Cities are being held responsible for ensuring there is zero litter in waterways by 2013 and that plastics are a significant amount of that litter. Council Member Trejo recited an article from the Los Angeles Times that stated that the plastic that migrates into the ocean is bigger than state of Texas. Harold Tseklenis, resident of Downey, noted that there is biodegradable plastic such as what is used by the Gas Company. Richard Pridham, resident of Downey, explained that he spends his summers in Europe and they have a simple system: one either carries their items, brings a bag from home or pays for one at the store City Council Minutes 10/14/08 -5- It was moved by Council Member Trejo, seconded by Council Member Bayer and unanimously carried to receive and file. OTHER BUSINESS: CONSENT ITEMS REMOVED: 3.RECEIVED AND FILED REPORT ON CITY COUNCIL MEETING DATES FOR NOVEMBER AND DECEMBER, 2008: City Clerk. Council Member Cartozian stated that he had a conflict for the suggested meeting on November 12th as he will be at an Orangeline Authority meeting and requested that it be moved to Monday instead. City Clerk Mtdstokke noted that the City Charter dictates that if a regular meeting falls on a holiday, that the meeting will be held the next business day. City Manager Caton suggested that the Wednesday meeting could be posted and adjourn to lack of a quorum and a Special Meeting could be held on the Monday. City Attorney Lee stated that they could hold the meeting whenever they like. City Clerk Midstokke suggested that they adjourn the next meeting to whichever date is chosen Council Member Bayer stated she did not know if she had any conflicts with the suggested date City Manager Caton suggested that staff be requested to put it on the next agenda. It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Guerra and unanimously carried to approve the meeting dates except for the November 12th meeting and to bring back on the next agenda. STAFF COMMENTS: City Manager Caton thanked Public Works Director Ragland and the Public Works Department for their efforts during the Boil Water Order; and recognized Deputy City Manager Alvarez for completing 10 years with the City. ADJOURNMENT: The meeting adjourned at 9:57 p.m. to 6:30 p.m. October 28, 2008 in memory of Henry Sanchez, brother of Frank Sanchez, Senior Civil Engineer, Loretta Sanchez, representative of 47th Congressional District and Linda Sanchez, representative of 39th Congressional District. la+/IZee'TJ:a-#wM7AJ KATHLEEN L. MIDSTOKKE, City Clerk GAFIN, Mayor City Council Minutes 10/14/08 -6-