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HomeMy WebLinkAboutMinutes - 01-10-06 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JANUARY 10, 2006 The City CouncivCommunity Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:30 p.m., January 10, 2006, in the Council Chamberof the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairman Meredith H. Perkins presiding PRESENT: Council Members/Commissioners: Meredith H. Perkins Rick Trejo Mayor/Chairman Mayor Pro Tem/Vice-Chairman (arrived 6:31 p.m.) David R. Gafin Kirk O. Cartozian Anne M. Bayer (arrived 6:31 p.m.) ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Charles S. Vose, City Attorney/Economic Development Director Lee Powell, Assistant City Manager Kathleen L. Midstokke, City Clerk/Secretary Steven Anderson, Best, Best & KHeger NON-AGENDA PUBLIC COMMENT: No one came forward to speak. APPROVAL OF CLOSED SESSION MINUTES It was moved by Council Member/Commissioner Gafin, seconded by Council Member/Commissioner Bayer and unanimously carried (3/0) to approve the Closed Session Minutes of December 13, 2005. RECESS TO CLOSED SESSION Mayor/Chairman Perkins announced the Council/Commission is recessing to Closed Session (6:30 p.m.) to discuss matters under the authority of the following sections of the Government Code: 1. 2. Government Code Section 54956.9(a) – Conference with legal counsel – existing litigation. Central Basin Municipal Water District vs. City of Downey, LASC Case # BS100034. Government Code Section 54957.6 – Conference with labor negotiator Lee Powell re: direction for labor negotiations with Downey City Employees’ Assn. – Miscellaneous Unit; Executive/Middle Management. 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. City Council/Community Dev. Comm. Minutes (adj.) 01/10/06 -1 - The meeting recessed at 7:30 p.m. The meeting reconvened at 9:05 p.m. Wth all Council Members/Commissioners present. ADJOURNMENT; 9:05 p.m. BmE ImFKATHLEEN L. MIDSTOKKE, City Clerk/Secretary PERKINS, May8r/Chairman City Council/Community Dev. Comm. Minutes (adj.) 01/1 0/06 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JANUARY 10, 2006 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Presentations Appeal of Denial of ZV #05-71, 10800 Paramount Blvd . Non-Agenda Public Comment Council Member Announcements/Requests for Future Agenda Items Council Minutes: Reg. & Adj. Mtgs. 12/1 3/05 Warrants: # 209538-210095; Wire Nos.; 277; 30001135- 30001150; $6,603.920.24 CC No. 648A: Accept Site CIB. & Soil Remediation Wrk Performed at 12400 Clark Ave. Approved 1 3 3 4 4 4 Approved Approved Approved Op. Agrmt. Nos. 35 & 36: CDC Loan, $800,000 Budget Calendar: 2006-07 Budget CAFFR, FY Ended June 30, 2005 Investment Policy for Public Funds of the City of Downey & It’s Related Entities Approved 4 4 4 4 4 4 4 4 5 5 5 5 5 Approved Received/Filed Approved PD & Fire Station 2 – A/C Rep., $33,500 CCF & $6,500 GF Expense Reimbursement Policy for City Officials, CA Draft Agrmt. Ext. w/Lehman, English, Kelly & O’Keefe, GA Srvcs. Accept $75,000 State 9-1-1 Office Tax Funds JPCC Equip. Proj. Approved 2005 Urban Water Management Plan Set Hearing 01 /24/06 Reso. # 066889, Modify Salary Range - City Planner Adopted Reso. # 06-6890, MOU w/DCEA - Maintenance Unit Adopted Reso. # 06-6891, Groundwater, Central & West Coast Basins Adopted Ord. # 06- , DMC, Art. III, Chptr. 3 & the 2001 CA Fire Code Introduced Re: Placement, Type & Protection of Water Supply Apparatus Approved Approved Approved COUNCIL MINUTES, JANUARY 10, 2006 TABLE OF MINUTE ACTIONS (CONTINUED) DMC, Art. III, Chp. 3 & the 2001 CA File Code Set Hearing 01 /24/06 Ord. # 06-1 1 84, Oil Pipeline Franchise to BP West Coast Prod. Adopted Imperial Hwy. Raised Medians; Bellflower Blvd. – Paramount Blvd. Approved Prof. Services Agrmt. w/Plotnik & Assoc., Eng. Plans & Specs. Approved Appropriate $190,000 Prop. 42 (Gas Tax) Funds; Eng. Services Approved City Council Committee Assignments for 2006 Approved Staff Comments Adjournment 5 5 5 5 5 6 6 6 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JANUARY 10, 2006 The City Council of the City of Downey held a Regular Meeting at 7:34 p.m., January 10, 2006, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Meredith H. Perkins presiding. PRESENT: Council Members: Meredith H. Perkins Rick Trejo David R. Gafin Kirk O. Cartozian Anne M. Bayer Mayor Mayor Pro Tem ALSO PRESENT:Gerald M. Caton, City Manager Charles S. Vose, City Attorney/Economic Development Director Kathleen L. Midstokke, City Clerk Lee Powell, Assistant City Manager Desi Alvarez, Director of Public Works Roy Campos, Police Chief Linda Haines, Director of Development Services John Michicoff, Director of Finance Thad Phillips, Acting Community Services Director Mark Sauter, Fire Chief William Davis, Acting City Planner Susan Domen, Secretary to the City Clerk PRESENTATIONS: Chief Campos introduced newly appointed Lieutenant Gregory Griffin and Sergeant Dwayne Cooper of the Downey Police Department. Pico Rivera Mayor, David Armenta, made presentations to Mayor Meredith Perkins and former Mayor Anne Bayer. PUBLIC HEARINGS: 1.APPEAL OF DENIAL OF ZONE VARIANCE NO. 05-71: Development Services. A. ADOPTED RESOLUTION NO. 06-6888, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL OF ZONE VARIANCE NO. 05-71 REGARDING A ZONE VARIANCE TO ALLOW TANDEM PARKING IN CONJUNCTION WITH A 4,160 SQUARE FOOT ADDITION TO AN EXISTING MEDICAL OFFICE BUILDING ON PROPERTY LOCATED AT 10800 PARAMOUNT BOULEVARD, ZONED C-P (PROFESSIONAL OFFICES) AND R-2 (TWO-FAMILY RESIDENTIAL) . City Council Minutes 01/10/06 -1- Council Member Trejo removed himself from the dais for this item, stating a conflict of interest, due to his employer owning a pharmacy in this building. Mayor Perkins opened the Public Hearing at 7:45 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Cartozian seconded by Council Member Gafin and so ordered to receive and file. Acting City Planner Davis presented a Power Point presentation explaining the project as expanding the building floor area of the medical center which creates an issue with sufficient parking. The staff is concerned with the size of the parking spaces, the number of handicapped spaces and using the public alley as a drop-off point. Staff and Planning Commission concur that the Municipal Code requires that the building be brought up to current standards. The number of parking spaces required would be 156 and the applicant is proposing 155, and 14 handicapped spaces required and only 5 being proposed. Council Member Gafin asked what the Americans with Disabilities Act (ADA) requirement is for number of handicapped spaces and the response was 14. In response to Council Member Cartozian, Acting City Planner Davis explained that the drop- off area in the public alley is not acceptable by the Public Works Department. King Woods, applicant representative, stated that the project is only adding 4,160 square feet and the Code requirement for parking spaces is excessive. He stated that to meet the requirement of 1 56 spaces some of them would have to be tandem and some compact. He continued that the applicant believes the wrong section of the Code was applied when determining the amount of Handicapped spaces required. Cameron Ari (sp.?), architect for the representative, stated that he has copies of the California Building Code requirements that would only require them to have 6 handicapped spaces and he had redesigned the parking to accommodate this and create 157 spaces if the variance on the compact spaces was allowed. He also noted that he had set back the drop-off point so that it would no longer be in the alley and would allow for 2 attendants. Council Member Cartozian asked why the report showed that they were proposing five handicapped spaces and they were now claiming six. Mr. Ari replied that he had researched and found out they needed six, so he adjusted the plans. Mayor Perkins asked if all of this information was presented to the Planning Commission prior to coming to the Council and was informed that no, they mentioned it at the Planning Commission meeting; however the Commission asked staff who is looking at a different section of the Code and they weren’t allowed to rebuttal. He continued by asking if the applicant is aware that the City does not allow compact parking spaces. Mr. Ari responded that yes, he knew about the compact spaces and that is why they were requesting a variance. Mayor Perkins pointed out the standard size requirement for a parking space is 8 14 feet by 19 feet and the applicant is proposing 7 % feet by 15 feet. There being no one from the audience coming forward to speak, it was moved by Council Member Cartozian, seconded by Council Member Gafin and unanimously carried to close the Public Hearing, the time being 8:14 p.m. Council Member Cartozian requested clarification if this was reviewed as an outpatient clinic or medical offices and was informed that it had been evaluated as medical offices. City Council Minutes 01/1 0/06 -2- Council Member Gafin requested clarification on the actual size of the compact spaces being proposed, if the required spaces tables are correct and if 14 handicapped spaces is the correct amount of spaces required for this project and Development Services Director Haines responded that 14 handicapped spaces were required. Mayor Perkins requested staff to be more accurate with the information in their reports and asked for clarification on the number of spaces required for handicapped and was to\d that the difference in the amount of spaces is based on the current need of the project and the actual need for the entire building. Council Member Cartozian noted that he is fundamentally ok with the tandem parking, however, he is concerned with the shortage of nine spaces for handicapped and suggested that the item go back to Planning to clean up these issues. Council Member Gafin stated that there is just too much in this project on too little space, however, his biggest concern is the lack of handicapped spaces. Mayor Perkins added that he also has issues with the drop off point in the public alley. It was moved by Council Member Gafin, seconded by Council Member Bayer and carried by the following vote to adopt the Resolution denying the appeal of Zone Variance No. 05-71. AYES: NOES: ABSENT: Bayer, Gafin, Mayor Perkins Cartozian Trejo Council Member Trejo returned to the dais. NON-AGENDA PUBLIC COMMENT: Elsa Van Leuven, resident of Downey, spoke regarding the recent Planning Commission meeting re: residential code revisions, the poor attendance and the comments made. She requested that the hearing be rescheduled and a vote be taken on this issue soon. Harold Tseklenis, resident of Downey, spoke regarding the new technology available and requested that agenda item back up materials be made available on the website. Richard Pridham, resident of Downey, spoke regarding his attempts to communicate with City staff and the lack of response. OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items: Council Member Gafin referenced a request he made last August for a review of driveway widths and the status of this request; referred to two late fireworks stand permit applications, the availability of one more permit being issued and asked that it be handled administratively; and announced that tomorrow at 7:00 a.m. the guest speaker for Citizens for Downey will be Mayor Perkins Council Member Cartozian requested that staff look into providing the backup materials for both the City Council and Planning Commission meetings on the website; announced that he had attended the grand opening of Chili’s this morning at the Downey Landing Center along with Council Member Gafin; announced that he will be giving update reports on the Orange Line transit project progress the second meeting of every month; indicated that the recruitment for City Planner had closed and he looks forward to the new person coming on board; and requested an update of the work performed by consultant Duane Morita on the development code revisions. City Council Minutes 01/10/06 -3- Council Member Bayer announced that Keep Downey Beautiful will be doing a clean up at Treasure Island on January 21 st from 9:00 a.m. – 10:00 a.m.; and requested an update on the rnansionization issue on the next agenda. Mayor Pro Tem Trejo concurred with the direction of Council Member Gafin on the fireworks permit issue and requested the Police Chief to look into young people hanging out at the Krikorian Theatre area on Friday and Saturday nights. Mayor Perkins reported that there will be an increase of $72.00 for sewage treatment in the near future and he will provide updates; and feels that the rules must be followed in regards to the fireworks applications and deadlines. CONSENT CALENDAR: It was moved by Council Member Gafin, seconded by Council Member Cartozian and unanimously carried to approve the Consent Calendar items as recommended: 2.APPROVED COUNCIL MINUTES: Adjourned and Regular Meetings December 13, 2005: City Clerk. 3.APPROVED WARRANTS ISSUED: Nos. 209538-210095; Wire Nos. 277: 30001135- 30001150; in the total amount of $6,603.920.24: Finance. 4.CASH CONTRACT NO. 648A: ACCEPTED THE SITE CLEARING AND SOIL REMEDIATION WORK PERFORMED AT 12400 CLARK AVENUE: Public Works. 5.APPROVED OPERATIVE AGREEMENTS # 35 AND # 36 WHEREBY CITY LOANS $800,000 TO THE DOWNEY COMMUNITY DEVELOPMENT COMMISSION: Administration. 6.APPROVED THE BUDGET CALENDAR FOR THE 2006-07 BUDGET: Administration 7.RECEIVED AND FILED THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR FISCAL YEAR ENDED JUNE 30, 2005: Finance. 8.APPROVED THE INVESTMENT POLICY FOR PUBLIC FUNDS OF THE CITY OF DOWNEY AND ITS RELATED ENTITIES: Finance. 9.APPROPRIATED $33,500 FROM THE CIVIC CENTER FUND AND $6,500 FROM THE GENERAL FUND FOR AIR CONDITIONING REPLACEMENT AT THE POLICE STATION AND FIRE STATION NO. 2: Administration. 10.EXPENSE REIMBURSEMENT POLICY FOR CITY OFFICIALS: DIRECTED THE CITY ATTORNEY TO DRAFT A POLICY FOR COUNCIL CONSIDERATION WHICH IS CONSISTENT WITH THE CITY CHARTER AND RELATED POLICIES WHICH HAVE BEEN PREVIOUSLY APPROVED BY THE CITY COUNCIL: City Attorney, 11.APPROVED EXTENSION OF AGREEMENT WITH LEHMAN, ENGLISH, KELLY AND O’KEEFE FOR GENERAL ADVOCACY SERVICES IN SACRAMENTO FOR AN ADDITIONAL ONE YEAR PERIOD FROM JANUARY 31, 2006 TO JANUARY 31. 2007: Public Works. 12.ACCEPTED $75,000 STATE 9-1-1 OFFICE TAX FUNDS FOR JOINT POWERS COMMUNICATION CENTER (JPCC) EQUIPMENT IMPROVEMENT PROJECTS: Fire City Council Minutes 01/1 0/06 -4- 13.SET PUBLIC HEARING FOR JANUARY 24, 2006 TO CONSIDER ADOPTING THE 2005 URBAN WATER MANAGEMENT PLAN: Public Works. 14.ADOPTED RESOLUTION NO. 06-6889, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY MODIFYING THE SALARY RANGE OF THE CITY PLANNER: Administration. 15.ADOPTED RESOLUTION NO. 06-6890, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES’ ASSOCIATION/ MAINTENANCE UNIT: Administration. 16.ADOPTED RESOLUTION NO. 06-6891, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY THAT THE CITY OF DOWNEY HAS A PRESENT AND FUTURE INTEREST IN PROTECTING THE INTEGRITY OF THE GROUNDWATER IN THE CENTRAL AND WEST COAST BASINS, ENSURING THE GROUNDWATER BASINS ARE USED TO SERVE LOCAL WATER CONSUMERS AND SUPPORTING AND APPROVING CERTAIN ACTIONS FOR THE REASONABLE AND BENEFICIAL USE OF THE GROUNDWATER BASINS: Public Works. 17.AMENDMENT TO DOWNEY MUNICIPAL CODE SECTION 3321 REGARDING DESIGN. PLACEMENT AND SELECTION OF FIRE PROTECTION DEVICES: Fire. A. INTRODUCED ORDINANCE NO. 06- . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING VARIOUS SECTIONS OF THE DOWNEY MUNICIPAL CODE, ARTICLE III, CHAPTER 3 AND THE 2001 CALIFORNIA FIRE CODE PREVIOUSLY ADOPTED BY REFERENCE REGARDING THE PLACEMENT. TYPE AND PROTECTION OF CERTAIN WATER SUPPLY APPARATUS FOR FIRE PR OTECTION USE B. SET PUBLIC HEARING FOR JANUARY 24, 2006 FOR PUBLiC TESTiMONY AND ADOPTION OF THE ORDINANCE. 18.ADOPTED ORDINANCE NO. 06-1 184, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING AN OIL PIPELINE FRANCHISE TO BP WEST (;OAS-1- PRODUCTS, LLC: Public Works. ADMINISTRATIVE REPORTS: 19.IMPERIAL HIGHWAY RAISED MEDIANS – BELLFLOWER BOULEVARD TO PARAMOUNT BOULEVARD: public Works. A. APPROVED PROFESSIONAL SERVICES AGREEMENT WITH PLOTNIK & ASSOCIATES TO PREPARE ENGINEERING PLANS AND SPECIFICATIONS; B. APPROPRIATED $190,000 1N PROPOSITION 42 (GAS TAX) FUNDS FOR THE ENGINEERING SERVICES. Director of Public Works Alvarez stated that a request for proposal had been sent out and three were received for the raised median work along Imperial Highway. A portion, from Bellflower Boulevard to Ardis Avenue, is the responsibility of Kaiser, who will reimburse for the expenses related to their portion. Council Member Cartozian inquired as to what account the reimbursed funds would go into and was informed the Proposition 42 (Gas Tax) Fund. City Council Minutes 01/1 0/06 -5- It was moved by Council Member Cartozian, seconded by Council Member Gafin and unanimously carried to approve the agreement with Plotnik & Associates and to appropriate $190,000 in Proposition 42 Funds for the Engineering services. OTHER BUSINESS: 20.APPROVED CITY COUNCIL COMMITTEE ASSIGNMENTS FOR 2006: Mayor Perkins. Mayor Perkins thanked the Council for assisting in serving on the proposed committees an announced that one was inadvertently left off the list. Council Member Gafin then agreed to serve on the Rancho Los Amigos subcommittee, with Mayor Perkins as alternate. It was moved by Council Member Cartozian, seconded by Council Member Gafin and unanimously carried to approve the City Council Committee Assignments for 2006, as amended. STAFF COMMENTS: City Manager Caton indicated that the mansionization issue will be before the City Council as a Public Hearing on February 14, 2006; and in regards to the late fireworks permit applications, that the matter will probably be presented to City Council at a future meeting. ADJOURNMENT: 9:05 p.m. The meetIng adjourned to 6:30 p.m., January 24, 2006. KATHLEEN L. Mil)STOK!<E, City Clerk MEREDITHFPERKINS, ©a-yor City Council Minutes 01/10/06 -6-