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HomeMy WebLinkAboutMinutes - 06-27-06 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JUNE 27, 2006 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:31 p.m., June 27, 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 David R. Gafin Kirk O. Cartozian Anne M. Bayer Mayor/Chairman Mayor Pro Tem/Vic:e-Chairman (arrived 7:00 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 Desi Alvarez, Director of Public Works Scott Pomrehn, Assistant to the City Manager Kris Mendenhall, Special Counsel NON-AGENDA PUBLIC COMMENT: No one came forward to speak. APPROVAL OF CLOSED SESSION NINUTES It was moved by Mayor Pro Tem/Vice-Chairman Trejo, seconded by Council Member/Commissioner Gafin and unanimously carried (4/0) to approve the Closed Session Minutes of May 9, 2006. RECESS TO CLOSED SESSION Mayor/Chairman Perkins announced the Council/Commission is recessing to Closed Session (6:32 p.m.) to discuss matters under the authority of the following sections of the Government Code: 1.Government Code Section 54956.8 – Conference with real property negotiator Charles Vose re: property located at northwest corner of Bellflower Boulevard and Steve Horn Way (the leased portion of the Downey Studios property); negotiating party: IRG Downey, LLC; under negotiations: price and terms of payment. 2.Government Code Section 54956.8 – Conference with real property negotiator Desi Alvarez re: properties at: A. 8445 Imperial Highway; negotiating party: Jim Kriss; B. 8847 Imperial Highway and 12555 Lakewood Boulevard; negotiating parties: Abbas Satrap and Navid Sharafatian; C. 12655 Lakewood Boulevard; negotiating party: Lena Mayer; D. 8818-8832 Imperial Highway and 12623, 12631-12639 Lakewood Boulevard; negotiating party: David Gonsalves; Under negotiations: price and terms of payment. City Council/Community Dev. Comm. Minutes (adj.) 06/27/06 -1 - RECONVENED The meeting reconvened in Open Session at 7:36 p.m. Wth all Council Members/ Commissioners present. No actions to report. The meeting recessed at 7:36 p.m. The meeting reconvened at 10:29 p.m. Wth all Council Members/Commissioners present. ADJOURNMENT: 10:29 p.m. City Clerk/Secretary &I R MEREDITm:PTRRTQ£®onmiRia City Council/Community Dev. Comm. Minutes (adj.) 06/27/06 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JUNE 27, 2006 TABLE OF MINUTE ACTIONS SUBJECT Reso. #06-6927, Deny Appeal for ZV #06-05, 121 10 Pomering Reso. #06-6928, 2006-07 Fiscal Budget Reso. #06-6929, 2006-07 Fee Schedule Non-Agenda Public Comment Council Member Announcements/Request for Future Agenda Items ACTION PAGE NO. 1 3 5 5 6 6 7 7 7 Adopted Adopted Adopted Staff Comments Consent Calendar Items for Removal Council Minutes: Reg. 06/13/06 Warrants: #213992-214389; Wire Nos. 30001239-30001246: $3,462,960.04 ZC #05-127 & #06-62; Rl-5000 to R-3-0, 7714, 7722, 7724 & Set Hrg. Date 7612-7730 Stewart & Gray Rd; 11905-1 1923 Rives Ave. 07/1 1/06 All Cities Management Agreement Extension Approved Rio Hondo Comm. College Firing Range Agreement Approved Graffiti Tracker Agreement Approved Reso. #06-6930 Annual Appropriations Limit FY 2006/07 Adopted Reso. #06-6931 Per Capita Grant Program, Safe Neighborhoods Adopted KJ Services Environmental Agreement Approved Public Facilities at Former NASA Site Received & Filed Adjournment Approved Approved 7 7 7 7 7 7 8 8 9 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JUNE 27, 2006 The City Council of the City of Downey held a Regular Meeting at 7:40 p.m., June 27, 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 Loren Behr, Executive Director Space Science Learning Center John Godlewski, City Planner Ed Velasco, Housing Manager Susan Domen, Secretary to the City Clerk PRESENTATIONS: Mayor Perkins presented the Mayor’s Soaring Eagle Award to Economic Development Analyst Jessica Flores. Mayor Perkins presented a Certificate of Appreciation to Ralph Ewers, employee and consultant, Division of Building and Safety, for 29 years of dedicated service to the City of Downey. PUBLIC HEARINGS: 1.APPEAL OF DENIAL OF ZONE VARIANCE NO. 06-05, TO ALLOW RECONSTRUCTION OF PORTIONS OF A TWO STORY BUILDING WITHIN TWENTY FEET OF THE REAR PROPERTY LINE ON THE PREMISES OF FA-KWANG TEMPLE AT 12110 POMERING ROAD (FA-KWANG TEMPLE, DWAYNE OYLER APPELLANT REPRESENTATIVE). City Council Minutes 06/27/06 -1- A. ADOPTED RESOLUTION NO. 06-6927, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL OF ZONE VARIANCE NO. 06-05. TO MODIFY ZONE EXCEPTION CASE NO. 596 TO ALLOW FOR THE DEMOLITION AND RECONSTRUCTION OF AN EXISTING CLASSROOM BUILDING, PORTIONS OF WHICH WOULD CONSIST OF TWO STORIES, ON THE PREMISES OF FA-KWANG TEMPLE, LOCATED AT 12110 POMERING ROAD, ZONED R-1 5,000 (SINGLE- FAMILY RESIDENTIAL): Development Services. Mayor Perkins opened the Public Hearing at 7:47 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. The City Clerk announced that one letter in support of the variance and 8 letters opposed to the variance were received. It was moved by Council Member Gafin, seconded by Mayor Pro Tem Trejo and so ordered to receive and file. City Planner Godlewski explained that the appellant is seeking to demolish an existing building that is used for classrooms and a dining hall in order to construct a new building with a 2-d story increasing the size by 1 ,400 square feet. Staff is concerned that the property is located abutting a residential zone with the two-story structure only having a 10 foot rear yard set-back. He noted that at the Public Hearing held with the Planning Commission, neighbors brought up concerns regarding street parking, noise, food odors, loss of privacy, emergency vehicle access, lowering of property values and increased traffic. Council Member Cartozian asked if the issue staff has with the project is the 10 foot set-back and was told no, it is because of the expansion of a use that is no longer allowed in residential areas Council Member Gafin inquired if the current one-story building is an auxiliary building that covers the back of the property and was told yes. He then asked if the residential zoning allows for a two-story building with a 10 foot rear yard set-back and was told that they need an exception to the 20 foot rule Mayor Pro Tem Trejo asked what the uses of the old building were and was informed that they are the same. Dwayne Olyer, Architect representative, stated that the current building is in poor condition and not aesthetically pleasing. Two-story homes had been built in the surrounding neighborhoods recently and the new building would only be partially a two-story. He continued that the building is used for classroom instruction and dining hall services. With the extra space the classes may continue at the same time as the dining services, which would help eliminate the noise from people milling about in the parking lot. He also noted that these services do not go on at the same time as the temple services and therefore would not be increasing any use of the property. The followings persons spoke regarding this issue: Kay Hunningwell Lory Wade Chapman Chuck Yee Pamela Garrison Julie Smith Miriam Godstain Art & Sandra Nevarez Mario Donate Gary Shay Dennis Singer Armando Colon Dwayne Olyer, Architect representative, rebutted that the Temple does not want enemies over this project and that the issue at hand is whether or not they can build a second story. He didn’t feel that the street parking issues are relevant as the required spaces are determined by the number of seats in the Temple and they are not increasing services, they are just increasing the space available. City Council Minutes 06/27/06 -2- Mayor Perkins asked how long the Temple had been there and was told since the 1980’s. It was moved by Council Member Gafin, seconded by Council Member Cartozian and so ordered to close the Public Hearing at 8:47 p.m. Council Member Gafin explained that the Code requires certain findings to grant a Zone Variance and no new evidence had been presented tonight that was not previously reviewed by the Planning Commission Mayor Pro Tem Trejo echoed the previous comments and noted that he is an advocate for prIvacy issues. Council Member Cartozian stated that it is important to preserve neighborhoods while allowing for growth; however, he agrees with the Planning Commission’s decision. It was moved by Council Member Cartozian, seconded by Council Member Gafin and unanimously carried to adopt the Resolution denying the appeal. 2.PROPOSED CITY BUDGET FOR FISCAL YEAR 2006-07. A. ADOPTED RESOLUTION NO. 06-6928, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE FISCAL YEAR 2006-07 BUDGET WITH IMPLEMENTING DOCUMENTS: Administration. Mayor Perkins opened the Public Hearing at 8:55 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. Assistant City Manager Powell presented a Power Point presentation outlining the proposed budget with modifications suggested during the study session and additional proposals of: replacing seven computers, $10,500; 91/605 Freeway study $20,000; 1-710 Freeway study $25,000; and an electrical Ambulance gurney $10,000. Mayor Pro Tem Trejo asked if the gurney was fully electronic and if it would help reduce workers compensation cases. It was explained that the gurney will assist firefighters in lifting people therefore reducing the strain to themselves and will be tested to see what benefits there may be. Council Member Gafin inquired if there had been any non-profit groups that had been cut from the budget that were not included in the report and was told no. Council Member Cartozian asked if the computer replacements included a new projector for the Council Chambers and was informed that is being taken care of through the audio system upgrade project. Council Member Bayer asked if there was another $5,000 available in the Social Services grant funds and was told yes. She suggested that this be given to the Downey Rose Float Association to bring them to the same level as the Downey Symphonic Society and to help pay for their use of the theatre. Mayor Perkins stated that he would like the City Attorney fees listed on page 59 to be reduced to the previous year’s allocation. City Council Minutes 06/27/06 -3- The following people spoke in regards to the proposed budget: Marsha Moode Harold Tseklenis Lee Ann Sears Lennie Whittington It was moved by Council Member Gafin, seconded by Council Member Cartozian and so ordered to close the Public Hearing at 9:21 p.m. Council Member Cartozian thanked staff for the work they did on putting the budget together and stated that he thinks the increase for the City Attorney’s fees are so outside Counsel can cover the Planning Commission meetings. He feels the dual role of City Attorney and Economic Development Director should be divided back into two separate positions. In regards to the non- profit groups, he stated that he feels they were decreased by a percentage amount and should be increased by the same percentage amount so that the precedence of increasing individual groups is not set Council Member Bayer stated that she would like to raise the Downey Rose Float Association to $10,000 as they use the funds to rent the theatre twice a year so the funds come directly back to the City. She stated she understands the percentages but does not agree in this case Mayor Pro Tem Trejo noted that he feels they should all be given equal increases and that the City Attorney funds should stay as presented. Council Member Gafin proposed raising the Art Museum and the Rose Float to $10,000 as they add culture in the community. He noted he had no problem with the City Attorney funds as it is always good to have back-up. It was moved by Council Member Bayer, seconded by Council Member Gafin and unanimously carried to raise the Downey Art Museum and the Downey Rose Float Association to $10,000. It was moved by Mayor Perkins, seconded by Council Member Cartozian and failed by the following vote to decrease the City Attorney funds to the previous budgeted year’s amount. AYES: NOES: Cartozian, Mayor Perkins Bayer, Gafin, Trejo Prior to the vote, Mayor Perkins noted that a year ago the dual position was presented to the Council as a cost savings and feels that this would add another person and if that were the case then the contract with the City Attorney/Economic Development Director should be changed to reflect this Council Member Cartozian stated that he agreed with the previous comments and that it should be consistent. He noted his concerns for the dual position. Council Member Gafin mentioned that when the position was changed, the City was facing a different financial situation and it needs to be looked at from the perspective of the current fiscal condition. He feels this would help create more depth in services. It was moved by Mayor Perkins, seconded by Council Member Bayer and unanimously carried to adopt the Resolution with noted changes. City Council Minutes 06/27/06 -4- 3. CITY FEE RESOLUTION. A. ADOPTED RESOLUTION NO. 06-6929, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A UNIFORM SCHEDULE OF FEES: Administration. Mayor Perkins opened the Public Hearing at 9:38 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. Assistant to the City Manager Pomrehn presented a brief staff report outlining the changes to the fee schedule for the upcoming year. There are a total of 14 new fees in the areas of General Government, Public Works and Recreation; 82 increases in Public Works and Recreation; and 2 decreases in Public Works. He stated that the proposed changes will provide an increase of approximately $79,650 to the fee revenues. 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 9:40 p.m. Council Member Cartozian asked if the Building and Planning Departments had been reviewed and it was explained that they had been done last year and would be analyzed again after the Zoning Code updates. It was moved by Council Member Gafin, seconded by Council Member Bayer and unanimously carried to adopt the Resolution. NON-AGENDA PUBLIC COMMENT: Ron Barbanell, owner and tenant of building across from Krikorian Theatres, spoke regarding vandalism occurring on his property including graffiti, etching, and broken windows. He asked the Council to take actions to address the ongoing problems. Bob Belcher, resident of Downey and member of Downey First Christian Church which is on the same block as Mr. Barbanell’s building, spoke regarding increased litter and graffiti every Friday and Saturday nights. He requested allocation of resources to improve the situation. Ernie Caldwell, member of 20/20 Club, spoke regarding the downtown evening problems and noted that the Krikorian security guards stay in front of the theater and should move around the property thus being more responsible. He noted they are working to maintain a no tagging zone and feels that this does not involve Downey residents, but those from outside the City. Todd Cummings, director of operations, Krikorian Theatres, noted that the downtown vandals are not patrons of the theater; that they have two security guards on Friday nights to keep the vandals off the theater property and requested more police department involvement with them. Lennie Whittington, noted that there are graffiti problems in other areas of the City such as Talbert’s Television on Firestone Boulevard; and noted that Council Member Cartozian had attended a California Contract Cities conference in Indian Wells in May that he thinks has not been reported. City Council Minutes 06/27/06 -5- OTHER BUSINESS – Council Member Announcements or Requests for Future Aqenda Items: A. CONFERENCE AND MEETING REPORTS. Council Member Cartozian noted that he thought he had already reported that he attended the California Contract Cities Assn. Conference in Indian Wells which included attending all sessions with Mayor Pro Tem Trejo and Mayor Perkins; AB 1234 ethics training, and speaking with Los Angeles County Supervisor Don Knabe on various issues including graffiti. Council Member Bayer thanked Lee Ann Sears in attendance tonight, for the great job she is doing as her appointee on the Emergency Preparedness Committee addressing the emergency needs of the City. Council Member Cartozian thanked 20/20 Club member Ernie Caldwell for attending and speaking on the downtown vandalism issue tonight; noted that for the past three months there has been a graffiti summit held which has been working with many agencies in a cooperative effort to address this city-wide, regional and world problem; noted that the Consent Calendar has an item for approval of a graffiti tracker system which uses GPS technology; noted that the comments about the evening problems in downtown Downey discussed tonight are very serious and that he is disappointed by the statements of the Krikorian representative. Council Member Gafin announced that he had attended the annual installation of Soroptomists officers; announced the Gangs Out of Downey golf tournament tomorrow at 10:30 a.m. and the Rio Hondo Golf Course; requested that Code Enforcement and City staff see that the remaining political signs from the recent election be removed either by the candidates or City staff, imposing a fine if necessary; and wished everyone a happy 4th of July. Mayor Pro Tem Trejo thanked Dr. Barbanell for speaking out on the evening problems in downtown Downey and indicating his willingness to work with the City for resolution; and noted that there are many ongoing summer programs for the youth of Downey and encouraged parents to take advantage of them. Mayor Perkins announced that he had attended the retirement party for outgoing Mayor Beverly O’Neill of Long Beach; his granddaughter graduated from High School; Charles Hutchinson received the Boy Scout’s Eagle Award, being the ninth in his family to receive it; complimented Community Services Director Thad Phillips on the excellent condition of the golf course and excellent food services; and thanked his son, Jeff, for attending the meeting tonight. STAFF COMMENTS: City Manager Caton asked that there be a brief update on the injured Police Officer. Police Chief Campos reported that a Police Officer had been shot in the face with a shotgun while responding to a call on Washburn Road, he is improving daily and has been released from the hospital. City Manager Caton noted what an incredible employee Ralph Ewers has been to the City, how excellent he was working the public counter and that he will be missed very much. He further thanked the Department Heads and especially Assistant City Manager Lee Powell for the incredible amount of time that goes into preparing the annual budget. He also noted that the City does provide many life enhancing opportunities for the residents including all of the Community Services facilities and programs such as the City Library, Downey Theater, community pool, golf course, etc., which is general funded each year in the budget. City Council Minutes 06/27/06 -6- CONSENT CALENDAR – ITEMS FOR REMOVAL: 6.APPROVE AGREEMENT WITH KJ SERVICES ENVIRONMENTAL CONSULTING TO IMPLEMENT THE USED OIL RECYCLING BLOCK GRANTS: Public Works. This item was removed at the request of Council Member Gafin and is listed under Other Business below 13.PUBLIC FACILITIES AT FORMER NASA SITE: Administration. This item was removed at the request of Harold Tseklenis, resident of Downey, and is listed under Other Business below A. RECEIVE AND FILE REPORT ON STATUS OF NASA PARK; B. RECEIVE AND FILE REPORT ON STATUS OF COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER. 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: 4.APPROVED CITY COUNCIL MINUTES: Adjourned Regular Meeting June 12, 2006 and Regular Meeting June 13, 2006: City Clerk. 5.APPROVED WARRANTS ISSUED: Nos. 213992-214389: Wire Nos. 30001239-30001246: in the total amount of $3,462,960.04: Finance. 7.SET PUBLIC HEARING FOR JULY 11, 2006 FOR ZONE CHANGE #05-127 AND #06-62: FROM R1 -5.000 TO R-3-0 FOR PROPERTIES LOCATED AT 7714, 7722 & 7724 STEWART & GRAY ROAD; 7612-7730 STEWART & GRAY ROAD (EVEN NUMBERED ONLY) AND 11905-1 1923 RIVES AVENUE (ODD NUMBERED ONLY) (APPLICANTS NEIL MARSH/JAMES COATES AND CITY OF DOWNEY INITIATED): Development Services 8.APPROVED ONE YEAR EXTENSION OF AGREEMENT WITH ALL CITY MANAGEMENT SERVICES FOR CROSSING GUARD SERVICES: Police Department. 9.APPROVED RENEWAL OF CONTRACT WITH RIO HONDO COMMUNITY COLLEGE DISTRICT FOR USE OF WEAPONS FIRING RANGE FOR TRAINING: Police Department. 10.APPROVED AGREEMENT WITH GRAFFITI TRACKER, INC. IN THE AMOUNT OF $22,800 TO BE APPROPRIATED FROM ASSET FORFEITURE FUNDS FOR THE PURPOSE OF REDUCING GRAFFITI VANDALISM: Police. 11.ADOPTED RESOLUTION NO. 06-6930, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2006-07: Finance. 12.ADOPTED RESOLUTION NO. 06-6931, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER. CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000: Community Services. City Council Minutes 06/27/06 -7- ADMINISTRATIVE REPORTS: None. OTHER BUSINESS: CONSENT CALENDER – ITEMS REMOVED BY COUNCIL APPROVAL: 6.APPROVED AGREEMENT WITH KJ SERVICES ENVIRONMENTAL CONSULTING TO IMPLEMENT THE USED OIL RECYCLING BLOCK GRANTS: Public Works. Council Member Gafin asked if this agreement is the same as in the past, the duration of the prior contract, the current grant funds received and if there is any guarantee to continue at that level. Public Works Director Alvarez explained that the contractor has been with us for approximately six years, with renewals in increments of two year periods. The grant funds received are between $25,000 to $50,000 and while there is no guarantee they are expected to remain at those levels. City Manager Caton expressed that this contract has a 30 day clause. It was moved by Council Member Gafin, seconded by Council Member Cartozian and unanimously carried to approve the agreement. 13.PUBLIC FACILITIES AT FORMER NASA SITE: Administration. C. RECEIVED AND FILED REPORT ON STATUS OF NASA PARK; D. RECEIVED AND FILED REPORT ON STATUS OF COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER. Harold Tseklenis, resident of Downey, inquired if the use of solar electrical panels and outdoor lighting had been looked into as he had suggested previously and urged that an analysis be done Mayor Perkins asked if the analysis had been completed and was told no. Mayor Pro Tem Trejo stated that as a member of the sub-committee they would make a point of looking into it. Lennie Whittington, resident of Downey, noted that a comparison of costs for different systems should be done as well. City Manager Caton explained that there are time constraints on the building of these two items as other costs keep increasing. It was moved by Mayor Perkins, seconded by Mayor Pro Tem Trejo and unanimously carried to receive and file the reports. Prior to the vote Council Member Cartozian agreed there are cost and time concerns but would like it looked into and brought back the Council. City Manager Caton stated that it would be looked into and brought back to the subcommittee. City Council Minutes 06/27/06 -8- ADJOURNMENT: 10:29 p.m. The meeting adjourned to 6:30 p.m. July 1 1, 2006. Ma /yaMILk.RAM KATHLEEN L. MIDSTOKKE, City Clerk MEREDITH H. PERKINS, Mayor City Council Minutes 06/27/06