HomeMy WebLinkAboutMinutes - 08-14-07 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
AUGUST 14, 2007
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:33 p.m., August 14, 2007, in the Council Chamberof the Downey
City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Pro/Chairperson Rick Trejo
presiding
PRESENT: Council Members/Commissioners:
Rick Trejo
David R. Gafin
Kirk O. Cartozian
Anne M. Bayer
Mario A. Guerra
Mayor/Chairperson
Mayor Pro Tem/Vice-Chairperson
ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director
Edward W. Lee, City Attorney/Agency Counsel
K.athleen L. Midstokke, City Clerk/Secretary
Lee Powell, Assistant City Manager
Scott K. Pomrehn, Assistant to the City Manager
Steven Yee, Economic Development Manager
A memorandum from City Attorney Lee was distributed which requested that two matters be added to
the City Council agenda which have come to the attention of the City after the preparation of the
agenda and which need immediate attention pursuant to Government Code Section 54954.2(b)(2).
The City Council unanimously voted to add the tm items as follows:
1.CONSIDERATION OF THE VERY RECENT CLOSURE OF KING+IARBOR HOSPITAL
and the impact on Downey Regional Medical Center (DRMC) due to the diversion of ER
patients. This diversion of patients may affect DRMC’s ER facilities and its performance of
lease covenants with the City to maintain its ER facilities.
2.CONSIDERATION OF THE DATE FOR THE SPECIAL ELECTION ON THE
PROPOSED CHARTER AMENDMENT which is currently set for November 6, 2007 and
consolidated with the School Board elections for Downey Unified School District. The
School Board election will be cancelled by operation of law due to the fact that there are
no challenges to incumbents for open seats on the Board. As a result, the Council is
asked to consider whether or not to cancel the current date of the Special Municipal
Election scheduled for November 6, 2007. The last day to take such action to Wthdraw or
amend in accordance with the Elections Code is August 15, 2007.
PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None
Lennie Whittington, resident of Downey, questioned why these items were not posted on the
regular agenda. Council Member Guerra and City Attorney Lee responded that the need arose after
the posting of the agenda.
City Council/Community Dev. Comm. Minutes (adj.) 08/14/07 -1 -
APPROVED CLOSED SESSION MINUTES: None.
RECESSED TO CLOSED SESSION
Mayor/Chairperson Trejo announced the Council/Commission is recessing to Closed
Session (6:37 p.m.) to discuss matters under the authority of the following section of the
Government Code
1. Government Code Section 54956.9(b)(1): Potential litigation against the City one case.
2. Government Code Section 54956.8 – Conference with real property negotiator Gerald
Caton re: property at 9066 Firestone Boulevard; negotiating party Primestor
Development; under negotiations: price and terms of payment.
RECONVENED
The meeting reconvened in Open Session at 7:30 p.m. Wth all Council
Members/Commissioners present. There were no closed session actions to report.
The meeting recessed at 7:31 p.m.
ADJOURNMENT: 9:46 p.m.
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City Council/Community Dev. Comm. Minutes (adj.) 08/14/07 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
AUGUST 14, 2007
The City Council of the City of Downey held a Regu\ar Meeting at 7:33 p.m., August 14,
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 M. Caton, City Manager
Edward W. Lee, City Attorney
Lee Powell, Assistant City Manager
Kathleen L. Midstokke, City Clerk
Scott K. Pomrehn, 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
John Godlewski, City Planner
Brian Ragland, Deputy Public Works Director
Ed Norris, Deputy Public Works Director
Susan Domen, Secretary to the City Clerk
COUNCIL MEMBER ANNOUNCEMENTS:
Council Member Cartozian noted he had participated in the installation of the Downey
Ponytail Softball Board Members.
Council Member Guerra recommended that Downey residents take advantage of the
ambulance subscription program.
Mayor Trejo announced that he had attended American Business Woman’s luncheon on
Saturday.
At this time, City Clerk Midstokke announced the two items that were previously added to the
City Council agenda and indicated that they will be heard under Administrative Reports.
PRESENTATIONS:
A Certificate of Achievement for Excellence in Financial Reporting from the Government
Finance Officers Association to Finance Director John Michicoff.
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PUBLIC HEARING:
1.ZONE CHANGE NO. 06-140, AN APPLICATION TO CHANGE THE ZONING OF THE
PROPERTY AT 11016 – 11020 PANGBORN AVENUE (EVEN NUMBERED ADDRESSES
ONLY) FROM PARKING BUFFER (P-B) TO MEDIUM DENSITY, MULTI-FAMILY
OWNERSHIP (R-3-0): PROPERTY OWNER: JANICE WINEKE: Development Services.
Mayor Trejo opened the Public Hearing at 7:46 p.m. City Clerk Midstokke affirmed receipt
of the Proof of Publication. It was moved by Mayor Pro Tem Gafin, seconded by Council Member
Guerra and so ordered to receive and file.
City Planner Godlewski presented a Power Point presentation indicating that the owner of
the property located at 1 1016-11020 Pangborn Avenue has applied for a zone change from Parking
Buffer (PB) to medium density, multi-family residential ownership (R-3-0). He stated that the
General Plan is inconsistent with the underlying zoning. The owner is requesting that the zoning be
changed in order to develop the property. The Planning Commission determined that the requested
change would be more consistent with the surrounding homes in the neighborhood. With any
development, a ten foot side yard must be maintained and second floor windows and doors would
have to be screened so as not to look onto adjoining properties. The Planning Commission did
express concern with traffic in the area. There was a petition submitted at the Planning Commission
hearing with the signatures of 51 persons opposing the application including the increase in the
number of units and density; traffic congestion and noise.
Council Member Guerra asked if the potential number of units is 11. City Planner Godlewski
responded that the number would probably be less, eight to ten, in order to comply with the
development standards and setback requirements. Council Member Guerra continued that traffic
eastbound on Firestone Boulevard can not get into Rio San Gabriel Park, this street is a major
thoroughfare to access the park and that people use it to bypass Firestone Boulevard. He stated that
the traffic congestion there currently is bad and adding eleven units where there are three would
increase the traffic impacts.
Mayor Pro Tem Gafin stated that the General Plan is medium density residential, which is
consistent with the R-3 zone.
Council Member Cartozian noted that if there is an inconsistency between the General Plan
and the zoning, why not bring all the properties into consistency? City Planner Godlewski noted that
Section 5 of the proposed Ordinance does request such a study and report.
Mayor Trejo asked whether the width of the street is capable of handling the traffic and City
Planner Godlewski noted that not all the properties are fully developed and street dedications will be
required. Mayor Trejo suggested that crosswalks and a stop sign be considered.
Janice Wineke, owner of property and applicant, noted that this property has been zoned
parking buffer before the City’s incorporation. There are three homes built in the early 1950s and
property improvements are limited. She noted that on any development, the front doors will be
facing an existing apartment building. She stated five more homes will not impact already existingtraffic issues
There being no further speakers, it was moved by Mayor Pro Tem Gafin, seconded by
Council Member Guerra and so ordered to close the Public Hearing, the time being 8:05 p.m.
Council Member Guerra pointed out that the parking and traffic are terrible, the rezoning
would add density and he does not support the application.
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Mayor Pro Tem Gafin explained that while some of the concerns are valid issues, they are
not relevant to the zone change. There will be mitigation of view issues through the design phase.
Based on the General Plan, only R-3 or R-3-0 is allowed, and the subject property is currently non-
conforming .
Council Member Cartozian expressed that he doesn’t like addressing one property at a time,
but would rather see the whole area brought into conformity at the same time. He noted that parking
buffer is an obsolete form of zoning.
Mayor Trejo indicated that he is in support of the rezone, but is concerned with traffic and the
increase of people in area.
It was moved by Council Member Cartozian, seconded by Council Member Guerra to have
staff bring back a study and recommendation on the entire area. The motion carried, noting the
dissention of Council Member Bayer.
City Attorney Lee recommended, that in light of the prior action, the City Council take action
on the application before them and deny the application without prejudice, which will allow it to be
brought back with the review of the entire area.
It was moved by Council Member Cartozian, seconded by Council Member Guerra to deny
the application without prejudice. The motion carried, noting the dissention of Mayor Pro Tem
Gafin and Council Member Bayer.
Prior to the vote, Mayor Trejo reopened the Public Hearing at 8:20 p.m.
Janice Winike, applicant, indicated that she does not want to be a part of a larger group with
other properties that are different than hers. She added that she went through the process and
obtained Planning Commission and staffs approval.
There was further City Council discussion.
Harold Tseklenis, resident of Downey, and member of the prior General Plan study
committee, noted that ultimately the property would be rezoned to R-3, whether or not discussed
piecemeal or all at once.
Lennie Whittington, resident of Downey, stated that if the property met all the requirements,
the City can not change in rnidstream.
Victor Palacios, representative of applicant, noted other lots are 500 feet deep, some are
commercial and this property is not the same.
There being no further speakers, it was so ordered by the Mayor to re-close the Public
Hearing, the time being 8:35 p.m.
City Manager Caton noted that this is a policy decision by the City Council whether to take
these rezonings on a case by cases basis or do the entire area and possibly consider modifying the
General Plan.
Council Member Guerra indicated his preference as Council setting the policy to study the
entire area.
Council Member Cartozian expressed that he did not want to set a precedent by rezoning
one particular parcel at this time.
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Mayor Pro Tem Gafin explained that he had dealt with non-conformity issues on the Planning
Commission many times, indicating that the General Plan should not be second guessed and it
should be the game plan. He stated that this property should be brought into conformity.
At this time, the City Council took final action to deny the application without prejudice, but it
is listed above for clarity.
NON-AGENDA PUBLIC COMMENT:
Arlene Hanner, resident of Downey, requested that cameras be placed at Paramount
Boulevard and Stewart and Gray Road and that the Police Department patrol the area more when
school is back in session.
Lennie Whittington, resident of Downey, submitted and read a letter from SaI Salvatino dated
August 14, owner of Talbert’s Television, requesting increased police patrol when Kelley’s Bar
closes as the patrons are leaving the parking lot a mess.
Nick loannidis, resident of Huntington Park, requested a Proclamation declaring October 28th
as National Immigration Day and asked the Mayor for a picture to frame.
CONSENT CALENDAR – ITEMS FOR REMOVAL:
5.APPROPRIATE $6,000 FOR THE PURCHASE AND INSTALLATION OF TWO
REPLACEMENT TELEVISIONS AT THE RIO HONDO GOLF CLUB (HACKER’S):
Community Services. This item was removed at the request of Mayor Trejo on behalf of
Lennie Whittington, resident of Downey, and is listed under Other Business below.
10.INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO THE
SPEED LIMITS FOR SUVA STREET: Public Works. This item was removed at the request
of Council Member Guerra and is listed under Other Business below.
CONSENT CALENDAR:
It was moved by Council Member Bayer, seconded by Council Member Cartozian, and
unanimously carried to approve the remainder of the Consent Calendar items as recommended
2.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings July 24, 2007:
City Clerk.
3.APPROVED WARRANTS ISSUED: Warrant Nos. 224424 – 225024; Wire Nos. 324 – 331,
30001484 – 30001501 ; in the total amount of $14,986,389.75: Finance.
4.SET PUBLIC HEARING FOR AUGUST 28, 2007 TO CONSIDER ADOPTING A
RESOLUTION WHICH SELF-CERTIFIES THAT THE CITY OF DOWNEY IS
CONFORMING WITH THE METROPOLITAN TRANSPORTATION AUTHORITY’S
CONGESTION MANAGEMENT PROGRAM; Development Services.
6.APPROVED THE SOLE SOURCE ACQUISITION OF A COMMUNICATIONS SYSTEM
FROM MOTOROLA AND COMSERCO FOR A CONTRACT PRICE OF $435,000: Fire.
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7.RE-APPROPRIATED $64,800 FOR REIMBURSEMENT OF FIRE DEPARTMENT
TRAINING COSTS ASSOCIATED WITH 2006 URBAN AREA SECURITY INITIATIVE
GRANT: Fire.
8.ACCEPTED AND APPROPRIATED $17,000 1N GRANT FUNDS AND APPROVED
CONTRACT WITH LOS ANGELES COUNTY EMERGENCY MEDICAL SERVICES
AGENCY FOR AN ELECTROCARDIOGRAM (EKG) MACHINE: Fire.
9.APPROPRIATED $20,000 FROM THE GOLF COURSE FUND FOR PURCHASE OF TWO
70’ ABOVE GROUND LENGTH WOODEN POLES FOR THE RIO HONDO GOLF
COURSE: Community Services.
11.ADOPTED ORDINANCE NO. 07-1217, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AMENDING ARTICLE V “SANITATION“ OF THE DOWNEY
MUNICIPAL CODE BY ADDING CHAPTER 8 – “CONSTRUCTION AND DEMOLITION
WASTE MANAGEMENT“: Public Works.
12.ADOPTED ORDINANCE NO. 07-1218, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION AND APPROVING CODE
AMENDMENT NO. 07-72, THEREBY ADDING SECTION 9166.05 TO THE DOWNEY
MUNICIPAL CODE TO REQUIRE A CONDITIONAL USE PERMIT FOR NEW
STRUCTURES AND ADDITIONS TO EXISTING STRUCTURES. EXCEPT IN THE R-1 OR
R-2 ZONES OR R-1 OR R-2 USES IN R-3 ZONED PROPERTY: Development Services.
ADMINISTRATIVE REPORTS: (These items were added to the agenda by unanimous vote
during the Adjourned Regular Meeting).
13.CONSIDERATION OF THE VERY RECENT CLOSURE OF KING-HARBOR HOSPITAL
and the impact on Downey Regional Medical Center (DRMC) due to the diversion of ER
patients. This diversion of patients may affect DRMC’s ER facilities and its performance of
lease covenants with the City to maintain its ER facilities.
There was a presentation from Rob Fuller, the acting Chief Operating Officer of Downey
Regional Medical Center (DRMC), who stated that the hospital has been working with Los Angeles
County in regards to the King Harbor hospital closure and noted that the hospital had been asked to
participate in a 9 unit hospital group to receive patients. He stated that the net affect is unknown at
this time, as the County Supervisors only approved 1/16th of the funding to go with the patients and
they are in negotiations with the State for funding as well. Mr. Fuller mentioned that the hospital
does not have the capacity, facilities or doctors for some of these patients. He concluded that
DRMC may ask the City for assistance in the future however they will be back before the Council at
a later date when they have a more specific plan of action.
Council Member Cartozian asked what type of assistance would be required from the City
and was told that possibly requesting the Fire Department to unlink from the County’s 911 system
for a period of 90 days and run their own Central Station for dispatching of Downey residents only.
Council Member Guerra inquired as to when DRMC thought they would be back with a plan
and was told 2-3 weeks. Mr. Fuller noted that they are requesting the funding from the State and the
County and are working out the operation structural changes that need to occur as well as working
with Chief Sauter.
City Council Minutes 08/14/07 -5-
Council Member Cartozian asked what the ramifications would be if we unlinked from the
County 911 system and was told that boundaries would be established and since DRMC does not
have adequate facilities to treat all patient needs such as Trauma and Pediatric these would present
issues although all of Downey citizens would be transported to DRMC.
City Attorney Lee stated that there was no need for action by the Council on this item.
14.CONSIDERATION OF THE DATE FOR THE SPECIAL ELECTION ON THE PROPOSED
CHARTER AMENDMENT which is currently set for November 6, 2007 and consolidated with
the School Board elections for Downey Unified School District. The School Board election
will be cancelled by operation of law due to the fact that there are no challenges to
incumbents for open seats on the Board. As a result, the Council is asked to consider
whether or not to cancel the current date of the Special Municipal Election scheduled for
November 6, 2007. The last day to take such action to withdraw or amend in accordance
with the Elections Code is August 15, 2007.
City Attorney Lee presented a staff report. After Council questions and discussion, the
Council
A.ADOPTED RESOLUTION NO. 07-7014 , A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DOWNEY, CANCELING THE SPECIAL MUNICIPAL ELECTION
WHICH WAS HELD ON TUESDAY, NOVEMBER 6, 2007, AND AMENDING AND
CALLING THE SPECIAL MUNICIPAL ELECTION ON TUESDAY, FEBRUARY 5,
2008, FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A
CERTAIN MEASURE RELATING TO TERM LIMITS; and
B.ADOPTED RESOLUTION NO. 07-7015, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DOWNEY, REQUESTING THE BOARD OF SUPERVISORS OF
THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON FEBRUARY 5, 2008, WITH THE STATE
PRESIDENTIAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO
SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE.
It was moved by Council Member Guerra, seconded by Council Member Cartozian and
unanimously carried to adopt the Resolution cancelling the November 6, 2007 election and
amending and calling the Special Election for Tuesday, February 5, 2008.
It was moved by Council Member Guerra, seconded by Council Member Cartozian and
unanimously carried to adopt the Resolution requesting consolidation with Los Angeles
County for the State Presidential Primary Election on Tuesday, February 5, 2008.
Prior to the vote. City Clerk Midstokke read titles of the Resolutions.
Council Member Cartozian emphasized that this only delays the election until February and
that he feels it is prudent to wait until then so there is a larger representation of the public.
Lennie Whittington, resident of Downey, mentioned that it is not the citizens fault there is not
a School Board election and questioned the deadline of holding the election for certain members to
qualify to run in the next Council election.
Mayor Pro Tem Gafin stated that he had not supported this when first came about1 howevert
he would like to ensure there is a large representation of the public voting on the matter.
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OTHER BUSINESS:
CONSENT CALENDER – ITEMS REMOVED BY COUNCIL APPROVAL:
5.APPROPRIATED $6,000 FOR THE PURCHASE AND INSTALLATION OF TWO
REPLACEMENT TELEVISIONS AT THE RIO HONDO GOLF CLUB (HACKER’S):
Community Services
Lennie Whittington, resident of Downey, asked if the furniture is owned by the City and why
the operator isn’t replacing it.
City Manager Caton noted that the City has a fixture and furniture fund that the licensee pays
into and this is where the money will come from.
It was moved by Council Member Guerra, seconded by Mayor Pro Tem Gafin and
unanimously carried to appropriate the funds.
10.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO THE
SPEED LIMITS FOR SUVA STREET: Public Works.
Council Member Guerra asked for a recap of the meeting that the Public Works Department
held with the residents of Suva Street. Public Works Director Alvarez noted that staff had addressed
a lot of concerns from the residents with the main concern being able to reduce the amount of traffic
on Suva Street. He stated that the trailer mounted speed warning signs will be set out this week as
well as larger and additional speed limit signs. The timing on the traffic signal at Suva Street and
Bluff Road will be looked into as well as the installation of a stop sign at the intersection of Suva
Avenue and Guatemala Avenue. He said the residents had asked for beautification of the street
with tree plantings and this will occur in the next several weeks. Director Alvarez stated there would
be a follow up meeting in October and rumble strips are also being discussed.
The following persons spoke in regards to this item:
Mrs. Kinley ? James Richard Pridham
It was moved by Council Member Guerra, seconded by Cduncil Member Cartozian and
unanimously carried to introduce the Ordinance.
COUNCIL MEMBER REQUESTS FOR FUTURE AGENDA ITEMS:
A. CONFERENCE AND MEETING REPORTS.
Council Member Cartozian noted he had attended a meeting with the County in regards to
the Rancho Los Arnigos property along with Council Member Guerra and Assistant City Manager
Powell
Council Member Guerra stated that he had attended the League of California Cities
conference in Monterey along with Mayor Pro Tem Gafin and City Manager Caton; and that he had
met with met with some developers regarding opportunities in the City.
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Mayor Pro Tem Gafin announced he had attended the League of California Cities conference
as well and had attended the following sessions: Art in Public Places, Obligations Under the Law re:
affordable housing, in the Mayor’s Hot Seat, Communicating During Crisis, Understanding Public
Service Ethic Laws and Principles, and had received his Mayor and Council Members Academy
training certificate.
REQUESTS FOR FUTURE AGENDA ITEMS.
Council Member Bayer invited everyone to attend the Concerts in the Park tomorrow
evenIng
Council Member Cartozian asked for meetings with staff on the following previously
requested items: Employees in vehicles logging in observed graffiti; Green building incentives; and
Mixed Use development in downtown Downey.
Council Member Guerra requested a meeting with the Downtown Subcommittee
Mayor Pro Tem Gafin requested that consideration be given for accent lights at Rio Hondo
Club Course, Hole No. 9; and that the parking requirements in the, R-2, R-3 and R-3-O zones be
reviewed, perhaps based upon number of bedrooms.
Mayor Trejo requested a financial report on Rio Hondo Country Club and the Golf Course;
requested the status of the reader board between the Theatre and Embassy Suites; and requested
that the alley behind El Taco/Rives Avenue/Wiley Burke Avenue be checked for cars for sale
blocking the right of way.
STAFF MEMBER COMMENTS:
City Manager Caton announced that the City Planner Godlewski is leaving to go to the City of
Fullerton as Community Development Director and that Purchasing Manager Sund is leaving to go
to the City of Long Beach.
ADJOURNMENT: 9:46 p.m
The meeting adjourned at 9:46 p.m. to 6:30 p.m. August 28, 2007 in memory of Minh Tran
Ly, aunt of Alvin Lam, Computer System Manager; and Ed Brownlie, retired Downey
Firefighter, Parking Place Commissioner and longtime Downey resident.
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RICK TREIO, MSFoiR)KKE, cit)A
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