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HomeMy WebLinkAboutMinutes - 04-10-07 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING APRIL 10, 2007 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:33 p.m., April 10, 2007 in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairperson Rick Trejo presiding. PRESENT:Council Members/Commissioners: Rick Trejo Mayor/Chairperson (arrived 6:35 p.m.) Mayor Pro Tem/Vice-ChairpersonDavid R. Gafin Kirk O. Cartozian Anne M. Bayer Mario A. Guerra ALSO PRESENT:Gerald Caton, City Manager/Executive Director Lee Powell, Assistant City Manager Charles S. Vose, City Attorney/Economic Development Director Kathleen L. Midstokke, City Clerk/Secretary Scott Pornrehn, Assistant to the City Manager Desi Alvarez, Public Works Director Linda Haines, Development Services Director Ed Velasco, Housing Manager NON-AGENDA PUBLIC COMMENT: None APPROVAL OF CLOSED SESSION MINUTES It was moved by Council Member/Commissioner Cartozian, seconded by Council Member/Commissioner Bayer, and unanimously carried (4/0) to approve the Closed Session Minutes of March 27, 2007. RECESSED TO CLOSED SESSION Mayor Pro Tem/Vice-Chairperson Gafin announced the Council/Commission is ncessing to Closed Session (6:34 p.m.) to discuss matters under the authority of the following sections of the Government Code: 1. Government Code Section 54956.9(b) – Conference with legal counsel – anticipated litigation. Significant exposure to litigation – one potential case. 2. Government Code Section 54956.8 – Conference with real property negotiator Desi Alvarez re: property at 8445 Imperial Highway, negotiating party James Kriss; property located at 8818-8832 Imperial Highway, negotiating party David Gonsalves; under negotiations: price and terms of payment. City Council/Community Dev. Comm. Minutes (adj.) 04/10/07 -1 - 3.Government Code Section 54957 – Public Employment – City Attorney. 4. Government Code Section 54956.8 – Conference with real property negotiator Gerald Caton re: property at 7846 Stewart and Gray Road, negotiating party Gary Dean; property located at 9303 Elm Vista Dhve, negotiating party Michael Yassa; under negotiations: price and terms of payment. ""T:NL RECONVENED The meeting reconvened in Open Session at 7:31 p.m. ath all Council Members/Commissioners present. The meeting recessed at 7:31p.m. The meeting reconvened at 10:21 p.m. Wth all Council Members/Commissioners present. ADJOURNMENT: 10:21 p.m. IX)-,~- a MIDSTOKKE, City Clerk/Secretary RICK TREJO, Mayor/Chairperson City Council/Community Dev. Comm. Minutes (adj.) 04/1 0/07 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING APRIL 10, 2007 The City Council of the City of Downey held a Regular Meeting at 7:39 p.m., April 10, 2007, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Rick Trejo presiding PRESENT:Council Members: Rick Trejo David R. Gafin Kirk O. Cartozian Anne M. Bayer Mario A. Guerra Mayor Mayor Pro Tem ALSO PRESENT:Gerald Caton, City Manager Charles S. Vose, City Attorney/Economic Development Director Lee Powell, Assistant City Manager Kathleen L. Midstokke, City Clerk Scott Pornrehn, Assistant to the City Manager Desi Alvarez, Public Works Director Roy Campos, Police Chief Linda Haines, Development Services Director John Michicoff, Finance Director Thad Phillips, Community Services Director Mark Sauter, Fire Chief Susan Domen, Secretary to the City Clerk COUNCIL MEMBER ANNOUNCEMENTS: Mayor Pro Tem Gafin announced the groundbreaking ceremonies for the new park and the Columbia Memorial Space Science Learning Center will be this Thursday at 4:30 p.m.; and the 18th annual Gangs Out of Downey luncheon will be April 18th at the Rio Hondo Country Club. Council Member Guerra wished everyone a Happy Easter; noted he attended the Eggstravaganza put on by the Community Services department last Saturday; recognized that the new Community Services Guide is available and has a lot of useful information for the citizens; mentioned that during Spring Break the parks are hosting activities for school age children; met with Long Beach Mayor Bob Foster regarding AB640 sponsored by Assembly Member De La Torre which is on water rights subsidization and distribution; had a meeting with a rail line company today that wants to put in a line to ease congestion on the Long Beach freeway; attended the Assistance League’s Ball and noted that the Assisteens presented partake in a large amount of community service hours; and concluded that the Miss Downey/Miss Teen Downey and their courts look beautiful tonight. Council Member Bayer thanked her Commissioners Terry Lambros, Faye Campbell and Lee Ann Sears for attending; noted the Citizens for Downey meeting is tomorrow morning at 7:30 a.m. and Jerry Blackburn will be speaking on the Learning Center. City Council Minutes 04/1 0/07 -1- Council Member Cartozian recognized his Commissioners Mary Crawford, George Redfox and Guy Sterner in attendance; mentioned he attended the retirement party for Batallion Chief Rowe; thanked Assistant to the City Manager Pomrehn for his work on the park and learning center and mentioned the naming contest for the new park; noted he met with Luis Marquez, Field Deputy, for Senator Lowenthal; met with Fred Navarath with the Los Angeles Probation Department; attended the Keep Downey Beautiful tree planting at Lewis Elementary School, and attended the 1-5 groundbreaking ceremony in Norwalk along with City Manager Caton. PRESENTATIONS: Mayor Trejo presented City pins to Miss Downey Brianna Arceo, Miss Teen Downey Ashley Camuzano and their Courls. Council Member Guerra presented a Certificate of Appointment to Irma Landesfeind, Library Advisory Board member for City Council District Two. Mayor Trejo presented a Proclamation declaring April 15-20 as National Library Week. Mayor Trejo presented a Proclamation declaring International Day of Comedy, April 5th and supporting the Aprilfest Comedy Marathon, March 29 – April 30. PUBLIC HEARING: 1.APPEAL OF THE PLANNING COMMISSION’S DECISION TO DENY TENTATIVE PARCEL MAP NO. 07-68693, A REQUEST TO SUBDIVIDE ONE EXISTING PARCEL OF LAND INTO TWO (2) LOTS, ON PROPERTY LOCATED AT 7960 7TH STREET. APPELLANT: EDGAR RUBALLO, OWNER: Development Services. A. ADOPTED RESOLUTION NO. 07-6981, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING THE APPEAL AND APPROVING TENTATIVE PARCEL MAP NO. 07-68693, A REQUEST TO SUBDIVIDE ONE EXISTING PARCEL OF LAND INTO TWO (2) LOTS, ON PROPERTY LOCATED AT 7960 7TH STREET AND ZONED R-1 5,000 (SINGLE-FAMILY RESIDENTIAL). Mayor Trejo opened the Public Hearing at 8:10 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Member Pro Tem Gafin, seconded by Council Member Guerra and so ordered to receive and file. City Clerk Midstokke affirmed receipt of correspondence consisting of two emails. It was moved by Council Member Guerra, seconded by Mayor Trejo and so ordered to receive and file. City Planner Godlewski presented a staff report noting that this is an appeal of a Planning Commission’s decision of denial. He explained that the property is zoned R-1 5,000 and meets the requirements of having a minimum lot size of 5,000 square feet and minimum lot width of 50 feet. He continued that the subdivision was made in 1937 with all lots being 50 foot wide that were sold in 1, 2, or 3 parcels at a time. Some were then combined to make larger lots with single family homes. The current owner would like to demolish the single family home that sits across both parcels and split the property back into two parcels. During the Planning Commission meeting a number of residents spoke in 6pposition due to lack of parking, loss of privacy, continued loss of Downey’s identity, loss of a beautiful home, and traffic congestion. Staff is recommending approval based on the fact that the lot meets all requirements for the subdivision. He further noted that what type of project might go up in the future cannot be considered. City Council Minutes 04/10/07 -2- Council Member Cartozian asked for clarification of the zoning, lot sizes if split, if they meet the Code requirements, and what was the stated reasoning of the denia\ by the Planning Commission. City Planner Godlewski responded that the area is zoned R-1 5,000, the two lots would be 6,500 square feet each which is more than the minimum requirement, and that the Planning Commission vote failed on a vote of two ayes and three noes. Council Member Guerra asked for clarification on some other existing lots in the area. Council Member Cartozian inquired if the new construction would be subject to the new Code requirements which would only allow 3,500 square foot homes and was told it would be around 4,000 square foot homes, as the lots are greater than 6,000 square feet. City Attorney Vose stated that it is critical to understand that the Council does not have unfettered discretion and needs to follow the established procedures and boundaries. He continued that the findings are oriented towards a subdivision of the lot. The options are to direct the Planning Commission to rezone the entire area or to approve the lot split. B. J. Vargas, representative/partner of appellant, stated that they are not at a point to decide what type of buildings will be built they just want to split the lots. The following persons spoke in opposition to the project: Dee Dee Young Mark Niehouse George Redfox Harold Tseklenis Lorraine Carpenella Brian Maxwell It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Gafin and so ordered to close the Public Hearing, the time being 8:45 p.m. Council Member Guerra stated that he was trying to not look at it emotionally, but whether or not the lot split is allowed under the General Plan and whether it meets the requirements. Mayor Pro Tem Gaffin noted that this is a two part process, with the first part being the land itself. The second part would be any future development. He stated he feels the issue before them is whether or not the land can be subdivided and it exceeds the requirements. Council Member Cartozian commented that the Council is often placed in a position where tough decisions are to be made and rezoning is not a viable option. He stated that as elected officials, they must make their decisions based on information provided and whether or not it is legal, they cannot account for the residency of the developer or what the future project might be. Council Member Bayer stated that it is a hard and an emotional issue as it affects resident’s lives. She also stated that the Zoning Code needs to be reviewed to get a tighter reign on these kinds of applications. Mayor Trejo commented that while he understands the historical concerns, the applicant is in conformance with the requirements and the Council has to protect the City against liability. It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Gafin and carried by the following vote to adopt the Resolution. AYES: NO: Cartozian, Gafin, Guerra, Mayor Trejo Bayer The meeting recessed at 8:56 p.m. and reconvened with all Council Members present at 9:03 p.m City Council Minutes 04/1 0/07 -3- NON-AGENDA PUBLIC COMMENT: Mary Freeland, resident of Downey, mentioned that not having all of the curb corners ADA compliant in the downtown area makes it difficult for citizens in wheelchairs to get around easily. Harold Tseklenis, resident of Downey, noted that there is a lot of support for having the learning center use solar power; he also requested that solar powered perimeter and safety lighting be looked into and asked for an update on the Life Cycle Comparison report that was requested; and announced that on April 12th the 6th Annual Green Building Conference will be held at the Gas Company in Downey. Carol Daly, resident of Downey, proposed having a dog park in Downey as owners currently have to go into another city to exercise their dogs. 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.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings March 27, 2007: City Clerk. 3.APPROVED WARRANTS ISSUED: Warrant Nos. 221541 – 221897; Wire Nos. 309. 30001412 – 30001420; in the total amount of $2,096,480.18: Finance. 4.CASH CONTRACT NO. SS 567: AWARDED CONTRACT TO SULLY-MILLER IN THE AMOUNT OF $497,840 FOR RESIDENTIAL STREET PAVEMENT REHABILITATION AND APPROPRIATED $120,000 1N GAS TAX FUNDS: Public Works. 5.CASH CONTRACT NO. 632-1 A: ACCEPTED IMPROVEMENTS AND MAINTENANCE RESPONSIBILITY FOR LAKEWOOD BOULEVARD PHASE IA (BELLFLOWER BOULEVARD TO MEADOW ROAD); AND APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $6,468,272.33: Public Works. 6.APPROVED AGREEMENT WITH KIMLEY-HORN IN THE AMOUNT OF $159,778 FOR THE DESIGN OF A FIBER OPTIC COMMUNICATION SYSTEM AND TRAFFIC SIGNAL MODIFICATIONS ON PARAMOUNT BOULEVARD AND APPROPRIATED $25,000 1N GAS TAX FUNDS: Public Works. 7.APPROVED PURCHASE AND INSTALLATION OF A RESTROOM BUILDING AT RIO HONDO GOLF COURSE FOR $129,645 FROM THE PUBLIC RESTROOM COMPANY: Community Services. 8.AWARDED A CONTRACT FOR JANITORIAL SERVICES AT THE CIVIC CENTER AND DOWNEY DEPOT TO ABM JANITORIAL SERVICES: Public Works. 9.SET PUBLIC HEARING FOR MAY 8, 2007 TO APPROVE THE 2007-08 ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP GRANT PROGRAMS: Development Services. 10.AUTHORIZED ATTENDANCE AT FORECLOSURE AUCTION AND TO SUBMIT BIDS UP TO $475,000 FOR THE RESIDENTIAL PROPERTY LOCATED AT 9010 BUHMAN AVENUE: Development Services. City Council Minutes 04/1 0/07 -4- 11.APPROVED AMENDMENT TO AGREEMENT WITH NUVIS IN THE AMOUNT OF $60,000 TO PROVIDE GEOTECHNICAL OBSERVATION AND CERTIFICATION SERVICES DURING CONSTRUCTION OF DOWNEY PARK AT 12400 CLARK AVENUE: Public Works 12.ADOPTED RESOLUTION NO. 07-6982, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE SUBMiT-rAL OF THE “VEHICLE SPEED FEEDBACK SIGNS“, “PEDESTRIAN COUNTDOWN INDICATORS“ AND “SCHOOL AREA AND PEDESTRIAN CROSSING SIGNAGE REPLACEMENT” APPLICATIONS FOR FUNDING UNDER THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP): Public Works 13.ADOPTED RESOLUTION NO. 07-6983, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY FIREMEN’S ASSOCIATION: Administration. 14.ADOPTED RESOLUTION NO. 07-6984, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF PAT SMITH TO THE LIBRARY ADVISORY BOARD FOR COUNCIL DISTRICT FOUR: Administration. 15.ADOPTED ORDINANCE NO. 07-1210, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING CERTAIN AGREEMENTS BETWEEN THE CITY OF DOWNEY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY RELATED TO ON-GOING SERVICES AND PUBLIC WORKS PROJECTS: Administration. 16.ADOPTED ORDINANCE NO. 07-1211, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 41 18 OF THE DOWNEY MUNICIPAL CODE RELATING TO ON-STREET PARKING OF VEHICLES FOR SALE: Public Works. ADMINISTRATIVE REPORTS: 17.COUNCIL MEMBER GUERRA’S REQUEST TO CONSIDER A CHARTER AMENDMENT REGARDING TERM LIMITS: City Clerk. A. DIRECTED STAFF TO TAKE ADMINISTRATIVE STEPS IN PREPARATION FOR CONSIDERATION OF A BALLOT MEASURE REGARDING TERM LIMITS TO BE PLACED ON A SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 2007. City Clerk Midstokke noted that correspondence had been received Kate Davies, Director of the Downey Museum of Art. Council Member Guerra quoted several term limit articles and noted that our state has the strictest term limits in country. He stated that they weaken the legislature and leadership. He continued that out of 20 Southeast cities, 16 do not have term limits and Downey is the only one with a death penalty (life time ban). He further stated that there have been only 5 cases where someone was elected to a 3'd term in Downey and therefore natural term limits work better. He explained that he is looking to revise term limits, not to get rid of them and would like the voters to decide. City Council Minutes 04/10/07 -5- Council Member Gafin explained that a debate of whether or not there should be term limits is a good thing; however, he disapproves of the way this is being brought forward. He continued that if the citizens thought there was a problem with them, they would submit a petition for an initiative as had been done the first time and was voted in on a 2-1 margin. He stated that he didn’t feel that the sitting Council of 5 people had the right to over rule what the citizens voted in and that it appears self-serving. Council Member Bayer concurred with Council Member Gafins comments. The following persons spoke in regards to this matter: Harold Tseklenis Betty Monroy Terry Lambrose Harold Nelson Suzanne Jimenez London Steverson Mary Freeland Joseph Lumsdaine Lennie Whittington John Lacey Steve Sampley Council Member Guerra stated that less than 30% of the people voted in the first election on this item and that is not representative of the majority of citizens. He continued that the cost to verifying signatures will have to be done at the expense of $10,000 if a petition is circulated. He noted that $62,000 was spent on a Special Election to decide whether or not to ban fireworks and he feels this is a much more important issue. He explained that this has nothing to do with certain Council Members being termed out and doesn’t understand why anyone is against having the voters revisit it Council Member Gafin, noted that no matter how many voters turned out the item still won by 2-1 vote and to his knowledge no citizens have asked for the issue to be raised again. He pointed out, that it is the City Manager and the staff that provide the continuity and history to City projects. Council Member Cartozian commented that he doesn’t understand how this became a personal issue against him and that he has no intentions of running for a 3rd term. He then read the email from Kate Davies. He mentioned that several people including School Board members had mentioned to him concerns about the term limits on the Council. He noted the State is having issues with term limits as lobbyists and staff are running things where there are inexperienced representatives in office. He concluded that the people should decide if they still want term limits and 15 years is long enough for it to be revisited. Council Member Bayer stated that the President of United States has term limits and that she is not afraid to let it go to a vote, but rather, is concerned at how it is being handled. Mayor Trejo commented that while he respects everyone’s comments, they are not asking to remove term limits, just to revise them. He feels it is an investment for the citizens to have experienced Council Members. It was moved by Council Member Guerra, seconded by Council Member Cartozian and carried by the following vote to direct staff to take administrative steps in preparation for consideration of a ballot measure regarding term limits to be placed on a Special Election to be held on November 6, 2007. AYES: NOES: Cartozian, Guerra, Mayor Trejo Bayer, Gafin OTHER BUSINESS: COUNCIL MEMBER REQUESTS FOR FUTURE AGENDA ITEMS: City Council Minutes 04/1 0/07 -6- A. CONFERENCE AND MEETING REPORTS. Council Member Cartozian requested the energy cost assessment report that was requested previously be brought back at a future Council Meeting. Council Member Guerra requested that on all future lighting, staff look at using solar energy. STAFF MEMBER COMMENTS: City Manager Caton noted that tonight was a great lesson in civics; pointed out that a four year agreement with the Firemen’s Association was approved tonight and compared to a lot of cities, we have labor peace in the City largely due to the negotiating efforts of Assistant City Manager Powell; mentioned that on the Travel Channel Downey was mentioned for the Speedee McDonald’s, and aires again on April 27th at noon; he also mentioned that there are a lot of doers in the City and Thursday’s groundbreaking will be a culmination of a lot of effort which will result in the learning center being a good place to take children. ADJOURNMENT: 10:21 p.m. The meeting adjourned at 10:21 p.m. to 6:00 p.m. April 19, 2007 in memory of Giuseppina (Pina) Persico, longtime Downey resident and business owner. fl) MIDSTOKKE, VI„/aF RICK TREJO, MayorKA-aER City Clerk City Council Minutes 04/10/07