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HomeMy WebLinkAboutMinutes - 09-25-07 - Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING SEPTEMBER 25, 2007 The City Council of the City of Downey held a Regular Meeting at 7:33 p.m., September 25, 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 Beth Dorris, Acting City Attorney Lee Powell, Assistant City Manager Kathleen L. Midstokke, City Clerk Scott K. Pomrehn, Assistant to the City Manager Desi Alvarez, Deputy City Manager/Special Projects Roy Campos, Police Chief Linda Haines, Building and Housing Director John Michicoff, Finance Director Thad Phillips, Community Services Director Brian Ragland, Public Works Director Mark Sauter. Fire Chief David Blumenthal, Senior Planner Susan Domen, Secretary to the City Clerk COUNCIL MEMBER ANNOUNCEMENTS: Council Member Guerra recognized his eldest daughter Lynne in the audience; announced that there will be a Central Metropolitan Water District Caucus meeting tomorrow; that he attended the Our Lady of Perpetual Help Blue Mass last week; that he attended last Thursday Charter Ball kick-off; he announced that St. Raymond’s celebrated their 50th anniversary of the school; and the South East Real Estate Association recently held a Realtors legislative day. Council Member Bayer attended the 60th Anniversary of the Air Force POW MIA celebration on Friday. Council Member Cartozian announced that this Friday is the Downey Civic Light Opera’s 50th Anniversary celebration; he attended a Neighborhood Watch event on Donovan Street; attended the Blue Mass ceremony at Our Lady of Perpetual Help; will be attending the launch of City Year program in Southern California on Friday; and is looking forward to lunch with new Deputy City Manager Livas. Mayor Trejo noted he had attended the Unity in the Community Town Hall meeting on the Island City Council Minutes 09/25/07 -1- PRESENTATIONS: Mayor Trejo presented a Proclamation declaring the month of September as Literacy Month. Mayor Trejo presented a Proclamation declaring the month of October as Fire Prevention Month Presentation by Rob Fuller, Executive Vice-President and Chief Operating Officer, Downey Regional Medical Center (DRMC) re: recent closure of King-Harbor Hospital and the impact on Downey Regional Hospital and Emergency Room. PUBLIC HEARING: 1.APPEAL OF THE DENIAL OF ZONE VARIANCE NO. 07-84 – REQUEST TO DEVIATE FROM MAXIMUM ALLOWABLE AMOUNT A DETACHED ACCESSORY STRUCTURE CAN ENCROACH INTO THE REQUIRED REAR YARD SETBACK, FOR PROPERTY AT 13108 CORNUTA AVENUE: Development Services. A ADOPT RESOLUTION NO. 07- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING AN APPEAL, THEREBY UPHOLDING THE PLANNING COMMISSION’S DENIAL OF ZONE VARIANCE NO. 07-84, A REQUEST TO DEVIATE FROM THE MAXIMUM ALLOWABLE AMOUNT A DETACHED ACCESSORY STRUCTURE CAN ENCROACH INTO THE REQUIRED REAR YARD SETBACK, FOR PROPERTY LOCATED AT 13108 CORNUTA AVENUE, WHICH IS ZONED R-1 5,000 (SINGLE FAMILY RESIDENTIAL). Mayor Trejo opened the Public Hearing at 8:04 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Guerra, seconded by Mayor Pro Tem Gafin and ordered by the Mayor to receive and file. Senior Planner Blumenthal presented a Power Point presentation explaining that the applicant had been granted the variance in 2004 and the permits had expired. The applicant reapplied for the permits which were subsequently denied. He continued that the Planning Commission had felt that since the house had been demolished, the circumstances had changed on the property and it no longer qualified for the variance. He concluded that staff is recommending a denial of the appeal. Mayor Pro Tem Gafin asked if there had been a garage on the house previously and was told that it was on the front of the old house. Council Member Guerra asked why staff recommended it and why Planning Commission denied. Senior Planner Blumenthal responded that staff felt since it was previously approved it could be re-adopted Mayor Pro Tem Gafin asked if the revised plans are on the same foot print as the origina house and was told yes. Mayor Trejo stated that he did not see fencing protecting the site and that it should be required immediately for the public’s safety. He questioned the turning radius between the garage and the corner of house and asked if it was a large enough space and was told that is was. Matt Kinley, Treadway, Lumsdaine & Doyle, representative of applicant, presented background information on the case and noted that the additional four feet will be used for storage, a work shop and a bathroom. He noted that this has been a long drawn out process complicated by City Council Minutes 09/25/07 -2- architect problems, code enforcement issues and financing and that everything is in place now. He concluded that the house and garage are the same as they were when they were first approved and they should not be denied at this time. Council Member Cartozian asked if the structure is gone how do they justify needing the variance and it was explained that the house would be built on the same footprint as before. It was moved by Mayor Pro Tem Gafin, seconded by Council Member Guerra, and so ordered to close the Public Hearing, the time being 8:22 p.m. Mayor Pro Tem Gafin stated he has reviewed the case and feels that the applicant is being done a disservice. The project had been approved once, the City required the demolition of the home, the applicant came back with plans to rebuild on the same foot print and therefore the same condition still exists. Council Member Guerra agrees that this complies with the General Plan and the applicant followed the proper steps previously. He also suggested that there needs to be some enforcing of the codes on this street. Council Member Cartozian stated that the previous support of the project made sense as it is a unique situation. City Manager Caton clarified that the motion would be to uphold the appeal and direct staff to bring back a Resolution with approval. It was moved by Mayor Pro Tem Gafin, seconded by Council Member Guerra and unanimously carried to uphold the appeal and direct staff to bring back a Resolution approving the zone variance with findings. NON-AGENDA PUBLIC COMMENT: Lennie Whittington, resident of Downey, read article re: “Abusing Privilege” Press Telegram September 10th, regarding the use of official badges. John Lacey, resident of Downey, spoke regarding how communication with DRMC has been enhanced and believes it is due in part to Council Member Guerra and his relationship with them. At this time, Acting City Attorney Dorris left the dais and City Attorney Lee took the dais, the time being 8:33 p.m. CONSENT CALENDAR – ITEMS FOR REMOVAL: 11.LAKEWOOD BOULEVARD IMPROVEMENT PROJECT: APPROVE AN AGREEMENT WITH KFM ENGINEERING FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF STREET IMPROVEMENTS AT THE SOUTHWEST CORNER OF LAKEWOOD BOULEVARD AT FIRESTONE BOULEVARD, FOR AN AMOUNT NOT TO EXCEED $24,000: Public Works. This item was removed at the request of Council Member Cartozian and is listed under Other Business below. City Council Minutes 09/25/07 -3- 15.ADOPT RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING AND RESTATING THE CITY OF DOWNEY ALTERNATIVE RETIREMENT SYSTEM FOR HOURLY EMPLOYEES; TERMINATING THE AGREEMENT OF PRINCIPAL FINANCIAL FOR ADMINISTRATION OF THE PLAN; AND APPOINTING PUBLIC AGENCY RETIREMENT SERVICES (PARS) AS TRUST ADMINISTRATOR OF THE PLAN AND UNION BANK OF CALIFORNIA AS TRUSTEE OF THE PLAN: Finance. This item was removed at the request of Mayor Trejo and is listed under Other Business below 17 ADOPT ORDINANCE NO. . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO THE SPEED LIMIT FOR TELEGRAPH ROAD: Public Works. This item was removed at the request of Council Member Cartozian and is listed under Other Business below CONSENT CALENDAR: It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Gafin, and unanimously carried to approve the remainder of the Consent Calendar items as recommended: 2.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings September 1 1, 2007: City Clerk. 3.APPROVED WARRANTS ISSUED: Warrant Nos. 225717 – 226018; Wire No. 334, 30001520– 30001528; in the total amount of $3,259,856.19: Finance. 4.SET PUBLIC HEARING FOR OCTOBER 9, 2007 FOR ZONE CHANGE NO. 07-86, TO CHANGE THE ZONING CLASSIFICATION FROM C-P TO R-3-0 FOR PROPERTY AT 8603 IMPERIAL HIGHWAY: Development Services. 5.APPROVED APPOINTMENT OF CHARLES HALLUMS (MACERICH STONEWOOD LTD. PARTNERSHIP) TO SERVE AS DOWNEY’S PRIVATE SECTOR REPRESENTATIVE TO THE SOUTHEAST LOS ANGELES COUNTY WORKFORCE INVESTMENT BOARD OF DIRECTORS (SELACO WIB): Administration. 6.RECEIVED AND FILED USED OIL GRANT ANNUAL REPORT: Public Works. 7.AUTHORIZED THE EXPENDITURE OF $25,000 FOR THE DESIGN OF A FUEL CELL INSTALLATION AT THE COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER: Public Works. 8.APPROPRIATED $42,350 FROM THE NASA GRANT FOR THE RELOCATION OF AN APOLLO SPACE CAPSULE FROM THE CITY OF PALMDALE TO THE DOWNEY STUDIOS: Administration. 9.APPROVED ESTOPPEL CERTIFICATE FOR IRG: Administration 10. AUTHORIZED THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH ADT SECURITY SYSTEMS FOR THE INSTALLATION OF A SECURITY SYSTEM AT THE COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER: Public Works. City Council Minutes 09/25/07 -4- 12.APPROPRIATED $20,000 FOR PURSUING THE CITY’S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) UNFUNDED MANDATES CLAIM: Public. Works 13.ADOPTED RESOLUTION NO. 07-7029, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING AN ALL-WAY “STOP” AT THE INTERSECTION OF SUVA STREET AND GUATEMALA AVENUE: Public Works. 14.ADOPTED RESOLUTION NO. 07-7030, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING SALARY INCREASES TO THE SALARY RANGE FOR THE POSITION OF FIRE CHIEF: Administration. 16.ADOPTED ORDINANCE NO. 07-1220, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO THE SPEED LIMIT FOR CECILIA AND FIFTH STREET: Public Works. ADMINISTRATIVE REPORTS: 18.WAIVED FEES FOR DOWNEY CIVIC LIGHT OPERA (DCLO) FOR THE COST OF AN ADDITIONAL CITY HOUSE MANAGER FOR 10 PERFORMANCES AT THE DOWNEY THEATRE: Community Services. Community Services Director Phillips stated that the Theatre is requiring DCLO to have 2 house managers where they were previously only using 1. He continued that all other groups are required to use 3, however, DCLO’s volunteer staff has always provided the additional help. Theatre staff is recommending the increase due to recent incidents that have occurred. He explained that there is an average of 400 people that attend the performances and that by waiving the fees this would be an annual savings of $1,951 to DCLO. Council Member Guerra asked for clarification as to why they were only required to have one additional House Manager when everyone else is required to have a minimum of three. City Manager Caton explained that their volunteers have provided the service in the past, however, one of their volunteers had recently had an issue they could not handle. He suggested that the Council give the money to the organization as a donation rather than waiving the fees. Council Member Cartozian questioned the number of House Managers other groups are required to have and if they pay for them, and was told the minimum number is 3 and yes, the groups pay the fees. He then asked what the justification for waiving for this group is and was told that they provide 30% of the performances in the Theatre. The City is requiring the extra person and it would become a financial burden to the group. Council Member Guerra asked how the cost was calculated and was told that it was the hourly rate of the staff person, times the number of hours, times the number of performances. Mayor Trejo asked what the job description of a House Manager is and it was explained that they are the Head Usher and ensure that Fire and Safety laws are followed while supervising the overall operations of the Theatre at the event. He then asked if there are any legal ratios of managers per number of attendees required and was told no. He stated that he is in support of the City Manager’s suggestion. It was moved by Council Member Guerra, seconded by Mayor Trejo and carried, noting the dissentions of Council Members Bayer and Cartozian, to give a donation of $1,951 to DCLO. City Council Minutes 09/25/07 -5- Prior to the vote, Council Member Cartozian stated that he feels this is setting a precedence and should be addressed at budget time. He feels that not requiring the same number of House Managers for each group and charging the same costs to them does not show consistency and he was troubled that no one from the group came to speak. Council Member Bayer noted her agreement with Council Member Cartozian. Mayor Trejo stated that it is for safety reasons which are important. Mayor Pro Tem Gafin asked if DCLO currently receives any other funding from the City and was told that other than the non-profit rates, they do not. Council Member Guerra stated that he felt since the City asked for the increased personnel the group should not incur the extra cost. Bob Goldstein, resident of Downey, stated he has been through the process and is not sure of the need for three House Managers. Lennie Whittington, resident of Downey, noted that the City allows some organizations to store items at the Theatre and thinks the City should support this group. Harold Tseklenis, resident of Downey, asked if DCLO will have to submit financials like all of other groups that receive grants have been required to do. Council Member Bayer agreed with the previous speaker on the submittal of financials and stated that DCLO pays people to perform where the others groups are volunteer and the money goes back into community. Council Member Guerra noted that the Symphony does pay the conductor, however, they do school programs and serve the residents of Downey. Council Member Cartozian reiterated that staff should prepare an analysis on the groups receiving monies and that it should be done during the budget process. Council Member Gafin noted that DCLO would have to follow the guidelines set for the other groups. OTHER BUSINESS: CONSENT CALENDER – ITEMS REMOVED BY COUNCIL APPROVAL: 11.LAKEWOOD BOULEVARD IMPROVEMENT PROJECT: APPROVED AN AGREEMENT WITH KFM ENGINEERING FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF STREET IMPROVEMENTS AT THE SOUTHWEST CORNER OF LAKEWOOD BOULEVARD AT FIRESTONE BOULEVARD. FOR AN AMOUNT NOT TO EXCEED $24,000: Public Works. Chuck Ana, resident of Downey, noted that the report should be corrected to say Southwest corner instead of Southeast. It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Gafin and unanimously carried to approve the agreement. City Council Minutes 09/25/07 -6- 15.ADOPTED RESOLUTION NO. 07-7031, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING AND RESTATING THE CITY OF DOWNEY ALTERNATIVE RETIREMENT SYSTEM FOR HOURLY EMPLOYEES; TERMINATING THE AGREEMENT OF PRINCIPAL FINANCIAL FOR ADMINISTRATION OF THE PLAN; AND APPOINTING PUBLIC AGENCY RETIREMENT SERVICES (PARS) AS TRUST ADMINISTRATOR OF THE PLAN AND UNION BANK OF CALIFORNIA AS TRUSTEE OF THE PLAN: Finance. John Lacey, resident of the Downey, questioned why the prior agreement was terminated and was told that the change will save the City $12,000 per year and it will bring the administration of the plan locally It was moved by Mayor Trejo, seconded by Council Member Cartozian and unanimously carried to adopt the Resolution. 17.ADOPTED ORDINANCE NO. 07-1221, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO THE SPEED LIMIT Chuck Ana, resident of Downey, pointed out that there are conflicting numbers in the body of the report and in the table of proposed speed limits. City Manager Caton clarified that in the Ordinance it is correct and the speed will be 45 miles per hour. It was moved by Council Member Guerra, seconded by Mayor Pro Tem Gafin and unanimously carried to adopt the Ordinance. COUNCIL MEMBER REQUESTS FOR FUTURE AGENDA ITEMS: Council Member Cartozian requested that staff look at mixed uses in the downtown area; requested that staff look at the Downey Theatre uses and how we give monies out to non-profits, to come back at budget time. Council Member Guerra requested a Downtown Subcommittee meeting as soon as the new staff members are available; requested an agenda item for the creation of a task force in regards to the emergency room crisis, with Fire Chief Sauter as the Chairperson; would like consideration, including costs, of security cameras in Downey parks to discourage graffiti, to come back at budget time; and requested consideration of additional lighting for the bocce ball court at Apollo Park. Mayor Pro Tem Gafin requested an update on the Johnie’s Broiler site. STAFF MEMBER COMMENTS: City Manager Caton noted that there are a lot of opportunities in the City for development of major projects and had asked the Council to help reorganize staff. He announced that the Deputy City Manager of Special Projects will be Desi Alvarez, Public Works Director will be Brian Ragland, Deputy City Manager of Community Development Gilbert Livas starts tomorrow, and in October a new Economic Development Director will be starting. City Council Minutes 09/25/07 -7- ADJOURNMENT: 9:21 p.m. The meeting adjourned at 9:21 p.m. to 6:30 p.m. October 9, 2007 in memory of Florence Mazgedian, grandmother of Council Member Kirk Cartozian. //Era/='-L- R5<TREJRmd&W&vJ V. KATHLEEN L. MIDSTOKKE, City Clerk City Council Minutes 09/25/07