HomeMy WebLinkAboutMinutes - 06-13-06 - Regular MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JUNE 13, 2006
TABLE OF MINUTE ACTIONS
SUBJECT
Reso. #06-6920, Deny Appeal for ZV #05-147, 7753 Hondo St.
Reso. #06-6921, Lighting & Landscape Dist. AD121
Non-Agenda Public Comment
Council Member Announcements/Request for Future Agenda Items
Consent Calendar Items for Removal
ACTION PAGE NO.
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Adopted
Adopted
Council Minutes: Reg. 05/23/06
Warrants: # 213549-213991 ; Wire Nos. 289, 30001231-38:
$2,454,018.31
CC #656-2-Underground Storage Tank removal, 9255 Imperial
Gates Foundation Computer Hardware Upgrade, $28,500
Appeal of Denial of ZV#06-05, 121 10 Pomering Rd.
Approved
Approved
Approved
Approved
Set Hearing
06/27/06
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Reso #06-6922, PM#62837 Lakewood Blvd. Adopted
Reso #06-6923, Calling & Notice of Election, 11/07/06 Adopted
Reso #06-6924, Request Consolidation of Election w/LA County Adopted
Reso #06-6925, Candidate Regulations for Election 11/07/06 Adopted
Reso #06-6926, Workers Comp Participation in CSAC Adopted
Agreement w/Wildan, On-Call Const. Insp. Srvcs. Approved
Adjournment
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JUNE 13, 2006
The City Council of the City of Downey held a Regular Meeting at 8:24 p.m., June 13, 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. Public Works Director
Roy Campos, Police Chief
Linda Haines, Development Services Director
John Michicoff. Finance Director
Thad Phillips, Community Services Director
Scott Pomrehn, Assistant to the City Manager
Mark Sauter, Fire Chief
John Godlewski, City Planner
Susan Domen, Secretary to the City Clerk
PRESENTATIONS:
The presentations from this date can be found in the Community Development Commission
minutes
PUBLIC HEARINGS:
1.APPEAL OF DENIAL OF ZONE VARIANCE NO. 05-147, REQUEST TO CONVERT AN
UN-PERMII-rED STRUCTURE INTO A GUEST HOUSE AT 7753 HONDO STREET.
MIGUEL MARQUEZ, APPELLANT (Continued from May 23, 2006): Development Services.
A. ADOPTED RESOLUTION NO. 06-6920, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DOWNEY DENYING THE APPEAL OF ZONE VARIANCE NO. 05-
147, REGARDING A REQUEST TO CONVERT AN UN-PERMITTED STRUCTURE INTO
A GUEST HOUSE FOR PROPERTY LOCATED AT 7753 HONDO STREET AND
ZONED R1 -5000 (SINGLE-FAMILY RESIDENTIAL).
Mayor Perkins re-opened the Public Hearing at 8:25 p.m.
City Council Minutes 06/1 3/06 -1-
City Planner Godlewski presented a staff report stating that the structure in question
originally started out as a three walled structure and over the years has been turned into a guest
house. Staff did extensive searching to locate any building permits on the structure and found none.
The structure is located on the property line in violation of side yard setback requirements and
curtails visibility for oncoming traffic. He continued that the Planning Commission denied the Zone
Variance and staff is requesting the appeal be denied as well.
Alex Galindo, representative for the appellant, stated that the issue of this structure arose
due to a Code Enforcement action and contends that the structure had been there for over 50 years
and the City had been out for permits for other things during that time and should have reported it
then. He also stated that since the permits cannot be located for the original structure the burden
faIls to the City to prove that it was not permitted. They are asking for the Council to let it go back to
the structure described in the 1958 Assessor’s report. He stated that past owners had made
additions and improvements as well as his client. Mr. Galindo submitted photos of the subject
property contending that the structure didn’t pose any safety concerns.
Council Member Cartozian asked to see the copies of the building permits from the 1960’s
and was informed they were for an electrical panel and a fireplace. He then questioned what the
contention was regarding the Assessor’s report and was told that the appellant feels it is color of
entitlement. Since there is no documentation for building permits they are requesting that they only
have to take it back to it's original state not completely demolish. Council Member Cartozian then
inquired what work has been done since the owner purchased in 1994 and was told nothing, other
than removing the kitchenette as required by the Building Department.
It was moved by Council Member Gafin, seconded by Mayor Pro Tem Trejo and
unanimously carried to close the Public Hearing at 8:49 p.m.
Prior to the vote, Miguel Marquez, appellant, stated that he had bought the house in 1994
and had not made any changes to the structure. He claimed they have never rented it and allowed
family to stay there when visiting. He continued that his wife is distressed over the prospect of
having to demolish the structure. In closing, he stated that he has paid taxes on it for ten years and
it has been there for 50 years.
Council Member Gafin asked what would happen if the building had been built prior to
incorporation and was told that if it had been built with a valid permit through the County it would
continue with the City. If it had been constructed without a permit it would be nonconforming. That
proof of the permit faIls to the property owner. He then asked what the prevailing setback is for the
street to which City Planner Godlewski responded that the building is almost on the actual property
line due to an existing future street easement and there are no other similar properties.
Mayor Pro Tem Trejo noted his concerns regarding safety and liability issues.
Council Member Bayer stated that it is a bad situation and she feels for the owner, but will
not go against the Planning Commission's ruling.
Council Member Cartozian explained that they need to be consistent with the codes and
while the situation may be unique, it would set a precedence for future arguments.
Mayor Perkins noted that since the Assessors report stating it had three walls, there had
been a lot of construction and asked if it would be cost effective to bring it up to Code. City Planner
Godlewski responded that because it is concrete block walls, it would have to be demolished to
move it further back.
It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Trejo and
unanimously carried to adopt the Resolution denying the appeal.
City Council Minutes 06/1 3/06 -2-
2.LIGHTING AND LANDSCAPING DISTRICT # A.D. 121 FOR FISCAL YEAR 2006-07:
Public Works.===In
A. ADOPTED RESOLUTION NO. 06-6921, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DOWNEY CONFIRMING THE 2006-07 FISCAL YEAR
ASSESSMENT FOR LIGHTING AND LANDSCAPING DISTRICT # A.D. 121.
Mayor Perkins opened the Public Hearing at 9:02 p.m. City Clerk Midstokke affirmed
receipt of the Proof of Publication. It was moved by Council Member Gafin, seconded by Mayor Pro
Tem Trejo and so ordered to receive and file.
Public Works Director Alvarez presented a staff report explaining that the assessments in
these districts provide for maintaining and servicing street lights and traffic signals as well as on-
street landscaping maintenance. He stated that the district is divided into seven zones and will
maintain current levels in zones one, three, and four with in an increase in zone two. Zone L cannot
be increased
There being no one coming forward to speak, it was moved by Council Member Gafin,
seconded by Mayor Pro Tem Trejo and so ordered to close the Public Hearing at 9:07 p.m.
It was moved by Council Member Gafin, seconded by Council Member Cartozian and
unanimously carried to adopt the Resolution.
NON-AGENDA PUBLIC COMMENT:
Robert Rubio, resident of Downey and representative of the Rio Hondo Boys and Girls Club,
submitted packets of information and requested annual financial support of approximately $2,000 for
the ongoing programs.
Eloisa Gonzales, resident of Downey, spoke regarding the need for a City park in downtown
Downey and submitted packets of information, including a petition signed by approximately 230
residents
Leema Morales (sp.?) spoke regarding the need for a park in downtown Downey and the
prevalence of obesity in children.
John Lacy, resident of Downey, spoke regarding measures that can be taken for water
conservation on City owned property.
Robert Goldstein, resident of Downey, spoke regarding the annual budget shortfall of the
Downey Theatre and requesting funding for children’s theatre performances.
OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items:
Council Member Bayer recognized Art in Public Places Committee member Robert Goldstein
and Emergency Preparedness Committee member Lee Ann Sears in the audience; announced that
Citizens for Downey will be meeting Wednesday at 7:00 a.m. at the Rio Hondo Event Center;
announced that Stonewood MaII will be having a Flag Day ceremony Wednesday at 9:30 a.m.; and
that she has completed the required two hours of ethics training.
City Council Minutes 06/1 3/06 -3-
Council Member Cartozian thanked Police Chief Campos, Captain Miller, Lieutenant Carl
Charles and others who have participated in recent meetings regarding how to fill the gaps regarding
graffiti related issues; and announced that he had attended the graduation of a former student,
Petros Giannikopoulos, from Harvard Medical School.
Council Member Gafin announced that he had enjoyed flipping pancakes at the recent Public
Works Department annual breakfast; attended the recent Memorial Day ceremony at the Downey
Cemetery; attended AB1234 ethics training with Council Member Bayer; and enjoyed attending the
annual Greek Festival.
Mayor Pro Tem Trejo announced that he had attended the American Cancer Society Relay
for Life at Columbus High School and noted the improvements in the treatment of cancer that have
occurred in the last ten years.
Mayor Perkins introduced Robert Rubio and Mario Guerra, who plan on running for City
Council for District Two in the November election; announced that he had attended the opening of
the new Johnny Carrino’s restaurant at Downey Landing; attended the Cerritos prayer breakfast;
attended a Rotary Club meeting and recognized his oldest son, Jeff, in the audience.
CONSENT CALENDAR – ITEMS FOR REMOVAL:
7.APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN FOR ON-CALL
CONSTRUCTION INSPECTION SERVICES: This item was removed at the request of
Council Member Gafin and is listed under Other Business below.
CONSENT CALENDAR:
It was moved by Council Member Gafin, seconded by Mayor Pro Tem Trejo and
unanimously carried, to approve the remaining Consent Calendar items as recommended:
3.APPROVED CITY COUNCIL MINUTES: Regular Meeting May 23, 2006: City Clerk.
4.APPROVED WARRANTS ISSUED: Nos. 213549-213991 : Wire Nos. 289, 30001231-
30001238; in the total amount of $2,454,018.31 : Finance.
5.CASH CONTRACT NO. 656-2: UNDERGROUND STORAGE TANKS REMOVAL AT 9255
IMPERIAL HIGHWAY, FORMERLY KNOWN AS SPARTAN LACQUER: ACCEPTED THE
WORK PERFORMED: Public Works.
6.ACCEPTED AND APPROPRIATED $28,500 1N GATES FOUNDATION PUBLIC ACCESS
COMPUTER HARDWARE UPGRADE GRANT FUNDS: Community Services.
8.SET PUBLIC HEARING FOR JUNE 27, 2006 FOR APPEAL OF DENIAL OF ZONE
VARIANCE NO. 06-05, TO ALLOW TWO STORY CLASSROOM/DINING BUILDING
WITHIN TWENTY FEET OF REAR PROPERTY LINE AT AN EXISTING RELIGIOUS
FACILITY AT 12110 POMERING ROAD, APPLICANT: FA-KWANG TEMPLE;
REPRESENTATIVE/APPELLANT: DWAYNE OYLER: Development Services.
9.ADOPTED RESOLUTION NO. 06-6922, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING PARCEL MAP NO. 62837, 8801 LAKEWOOD
BOULEVARD, BY APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND
ACCEPTING AN IRREVOCABLE STANDBY LETTER OF CREDIT AS SURETY : Public
Works
City Council Minutes 06/1 3/06 -4-
10.GENERAL MUNICIPAL ELECTION NOVEMBER 7, 2006 FOR DISTRICT TWO AND FOUR
COUNCIL MEMBERS: City Clerk.
A. ADOPTED RESOLUTION NO. 06-6923, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY CALLING AND GIVING NOTICE OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2006 FOR THE ELECTION
OF CERTAIN OFFICERS;
ADOPTED RESOLUTION NO. 06-6924, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY REQUESTING THE COUNTY OF LOS ANGELES TO
CONSOLIDATE THE CITY OF DOWNEY GENERAL MUNICIPAL ELECTION WITH
THE STATEWIDE GENERAL ELECTION ON THE SAME DATE:
ADOPTED RESOLUTION NO. 06-6925, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY ADOPTING REGULATIONS FOR CANDIDATES
STATEMENTS SUBMITTED TO VOTERS AT THE GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 7, 2006.
B
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ADMINISTRATIVE REPORTS:
11.JOINED THE CALIFORNIA STATE ASSOCIATION OF COUNTIES (CSAC) EXCESS
INSURANCE AUTHORITY FOR WORKER’S COMPENSATION INSURANCE COVERAGE:
Finance
A.ADOPTED RESOLUTION NO. 06-6926, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY APPROVING PARTICIPATION IN THE WORKERIS
COMPENSATION PROGRAM OF THE CALIFORNIA STATE ASSOCIATION OF
COUNTIES (CSAC) EXCESS INSURANCE AUTHORITY.
Finance Director Michicoff presented a staff report outlining the benefits of changing the
worker’s compensation insurance program with a cost savings projected at $55,aQa for the 2006-
2007 Fiscal Year.
Council Member Gafin asked what is the minimum contract term through this program and
was told annually.
Council Member Cartozian questioned why Los Angeles and Orange Counties didn’t belong
to this program and was told that they are self insured.
Mayor Perkins asked if there is a cap on this and was told that they go up to $5 million with
access up to an additional $145 million.
Mayor Pro Tem Trejo inquired if there is any compensation for a reduction in claims filed and
was told that yes, after ten years of reductions the City would be eligible. He then asked if the City
has programs set up to help reduce claims and was told yes, the City aggressively promotes
training
Mario Guerra, resident of Downey, asked if a stop loss aggregate had been looked into; how
the letter of credit will be rolled over; and how the switch will be handled for existing claims.
It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Trejo and
unanimously carried to adopt the Resolution.
City Council Minutes 06/13/06 -5-
OTHER BUSINESS:
CONSENT CALENDER – ITEMS REMOVED BY COUNCIL APPROVAL:
7.APPROVED PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN FOR ON-CALL
CONSTRUCTION INSPECTION SERVICES: Public Works.
Council Member Gafin asked if there is a minimum amount guaranteed per year and was
informed that it is on an as needed basis.
It was moved by Council Member Gafin, seconded by Council Member Bayer and
unanimously carried to approve.
ADJOURNMENT: 10:03 p.m.
The meeting adjourned to 6:30 p.m. June 27, 2006; in memory of Margene Glenn,
longtime Downey resident and past President of Downey Civic Light Opera; Merritt Yancey,
longtime Downey resident who worked for incorporation of City, member of Library Board
and Board of Trustees Alameda and Downey Unified School Districts; Andy Harrod, longtime
Downey Unified School District employee and member of Gangs Out of Downey; and Steven
Frank Ambriz, Council Member of the City of Orange.
#A®QhA-Xh A
KATHLEEN L. MiD$TC)KKE, City Clerk MEREDITH H. PERKINS, Mayor
City Council Minutes 06/1 3/06