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Home My WebLink AboutMinutes - 07-11-06 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JULY 11, 2006 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:32 p.m., July 11, 2006, in the Council Chamber of 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/Vice-Chairman (arrived 6:33 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 Scott Pomrehn, Assistant to the City Manager NON-AGENDA PUBLIC COMMENT: No one came forward to speak. APPROVAL OF CLOSED SESSION MINUTES It was moved by Mayor Pro Tem/Vice-Chairman Trejo, seconded by Council Member/Commissioner Bayer and unanimously carried (4/0) to approve the Closed Session Minutes of June 27, 2006. RECESS TO CLOSED SESSION Mayor/Chairman Perkins announced the Council/Commission is ncessing to Closed Session (6:33 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. RECONVENED The meeting reconvened in Open Session at 7:31 p.m. Qth all Council Members/ Commissioners present. There were no actions to report. The meeting recessed at 7:31 p.m. City Council/Community Dev. Comm. Minutes (adj.) 07/11/06 -1 - The meeting reconvened at 8:24 p.m. Wth all Council Members/Commissioners present. ADJOURNMENT: 8:24 p.m. %aAbOW. ?h&AMd KATHLEEN L. MIDSTOKKE, City Clerk/Secretary E -H H PERKINS, Mayor/Chairman City Council/Community Dev. Comm, Minutes (adj.) 07/11/06 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JULY 11, 2006 TABLE OF MINUTE ACTIONS SUBJECT Presentations Ordinance re: ZC #’s 05-127, 06-62, Rl-5,000 to R-3-O Non-Agenda Public Comment Council Member Announcements/Request for Future Agenda Consent Calendar Items for Removal Council Minutes: Reg. 06/27/06 Warrants: #214390-214734; Wire Nos. 30001247-30001254: $2,360,790.38 Fair Housing Foundation Contract, FY 06/07, $14,774 CA Alcohol Beverage Control GF $45,317, PD Training lshii Engineering Agreement, $43,180, City Hall A/C-Heating Reso. #06-6932, Asst. Planner II, Bldg. Official, Housing Mgr Housing Planner, Salary Ranges Reso. #06-6933 Provide for Special Runoff Election Downey Chamber of Commerce Agreement 06-07, $24,500 Adjournment ACTION PAGE NO. Introduced 1 3 3 3 4 4 4 4 4 4 4 5 5 Items Approved Approved Approved Approved Approved Adopted Adopted Approved MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JULY 11, 2006 The City Council of the City of Downey held a Regular Meeting at 7:35 p.m., July 1 1, 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 Ed Velasco, Housing Manager Shion Hori, Assistant Planner Mark Morris, Housing Planner Susan Domen, Secretary to the City Clerk PRESENTATIONS: Mayor Perkins and Council Member Cartozian presented a Certificate of Appreciation to the family of Petros Giannikopoulos, Downey High School alumni, for his recent graduation from Harvard Medical School. PUBLIC HEARINGS: 1.ZONE CHANGE NO. 05-127 AND NO. 06-62: FROM Rl-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. A.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY TO AMEND THE CITY’S COMPREHENSIVE ZONING MAP AND APPROVE ZONE CHANGE NO. 05-127. A REQUEST TO REZONE 2 LOTS FROM R-1 5,000 (SINGLE FAMILY RESIDENTIAL) TO R-3-0 (MULTIPLE FAMILY RESIDENTIAL OWNERSHIP) FOR PROPERTIES LOCATED AT 7714, 7722 & 7724 STEWART AND GRAY ROAD AND ADOPTED A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT. City Council Minutes 07/1 1/06 -1- B.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY TO AMEND THE CITY’S COMPREHENSIVE ZONING MAP AND APPROVE ZONE CHANGE NO. 06-62. A REQUEST TO REZONE SIXTEEN PROPERTIES FROM R-1 5,000 (SINGLE FAMILY RESIDENTIAL) TO R-3-0 (MULTIPLE FAMILY RESIDENTIAL OWNERSHIP) LOCATED AT 7612-7730 STEWART AND GRAY ROAD (EVEN- NUMBERED ONLY) AND 11905-1 1923 RIVES AVENUE (ODD-NUMBERED ONLY) AND ADOPTED A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT. Mayor Perkins opened the Public Hearing at 7:42 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tem Trejo, seconded by Council Member Gafin and so ordered to receive and file. City Planner Godlewski explained that the two zone changes presented tonight were brought forth because of the applicant wishing a change on two of the properties in the middle of the block. Staff decided to review the entire area and make it consistent with the General Plan. He noted that being designated as R-3-O means the developments must be owner units such as condominiums rather than apartments. He stated that concerns raised at the Planning Commission meeting and through phone calls from residents were: increased traffic, designating ownership units be built, and an increase in property taxes. Council Member Gafin asked if one of the current single family homes were to burn, could they rebuild in the same footprint they currently have. He was told yes, a residence can always build less than the zoning allows for the property. Council Member Cartozian asked if the current areas zoned as R-3 were changed with the new General Plan. He was told that they were existing and are consistent, however, 3 other properties were re-zoned later to R-3-O to encourage ownership. He then asked how the City could designate owner occupied to which he was told they could not do so. He lastly asked the allowable density in the area and was told it is under 20 units per acre and the proposed development of two of the sites is building 2 to 3 units less than allowed Mayor Perkins questioned how designating as R-3-O would ensure a higher quality project and was told because they are selling as individual ownership units which attracts higher quality buyers James Coates, representative for Neil Marsh, stated that the proposed project is using high quality materials and architectural features. The grounds improvements would improve the look of the area as well. Mastafa Elsherif, resident of Nada Street, Downey, presented a sketch to the City Clerk for distribution to the Council and stated that there is a hidden impact that would be hard for anyone to evaluate who was living in the surrounding properties. He continued that the trash containers located at the back of the property that meet with the middle of his back yard creates odor and fly nuisances, privacy issues with the windows looking into his backyard and the impact of the increased vehicles creating higher noise, congestion and air pollution. He asked the Council to reconsider the negative impacts this has on the surrounding neighbors. James Coates, representative for Neil Marsh responded that Planning is requiring the trash receptacles to be located within the center of the complex and that privacy windows to be placed on all second story windows. It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Trejo and so ordered to close the Public Hearing at 8:04 p.m. City Council Minutes 07/1 1/06 -2- Council Member Cartozian noted his sympathies for the speakers concerns however he feels the proposed zone change is consistent with the General Plan and the proposed project should improve the neighborhood. Council Member Gafin explained that the Zone Change is in compliance with the General Plan and the issues that were presented would be mitigated during the plan approval process. Mayor Pro Tem Trejo stated that he feels it will be an improvement to the properties on Stewart and Gray Road. Mayor Perkins noted that the air quality study had been submitted with the Zone Change request and reiterated that the issues brought up would be handled during the plan approval process It was moved by Council Member Cartozian, seconded by Council Member Gafin and unanimously carried to introduce the Ordinance approving Zone Change No. 05-127. It was moved by Council Member Cartozian, seconded by Council Member Gafin and unanimously carried to introduce the Ordinance approving Zone Change No. 06-62. NON-AGENDA PUBLIC COMMENT: None OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items: Mayor Pro Tem Trejo announced that he will be presenting a Proclamation to Unity in the Community on Saturday at Treasure Island Park at an event taking place from 12:00 to 4:00 p.m. Council Member Cartozian announced that he will be attending the upcoming Independent Cities Assn. conference in Rancho Bernardo and will be reporting on it at the next regular Council meeting; thanked the Assistant City Manager, Public Works Director and City Clerk for new forms on the City’s web page including a Service Request Form, graffiti reporting and City Council agenda item staff reports. Council Member Bayer acknowledged her appointees in the audience, Fay Campbell of the Water Facilities Corporation and Robert Goldstein of the Art in Public Places Committee; announced that she had attended a Council of Government Meeting (COG) on June 26th; encouraged everyone to attend Citizens for Downey tomorrow at 7:00 a.m. at Rio Hondo Event Center and the Wednesday Concerts in the Park. Mayor Perkins recognized his son Jeff in the audience and thanked him for attending. CONSENT CALENDAR – ITEMS FOR REMOVAL: 4.APPROVE AGREEMENT WITH DOWNEY CHAMBER OF COMMERCE FOR FISCAL YEAR 2006-07 TO PROMOTE THE WELFARE AND GROWTH OF THE CITY: Administration. This item was removed by Council Member Bayer and is listed under Other Business below. City Council Minutes 07/1 1/06 -3- 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: 2.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings June 27, 2006: City Clerk. 3.APPROVED WARRANTS ISSUED: Nos. 214390-214734; Wire Nos. 30001247-30001254; in the total amount of $2,360,790.38: Finance. 5.APPROVED CONTRACT WITH THE FAIR HOUSING FOUNDATION IN THE AMOUNT OF $14,774 FOR FISCAL YEAR 2006-07 TO PROVIDE FAIR HOUSING SERVICES: Development Services. 6.ACCEPTED STATE OF CALIFORNIA ALCOHOL BEVERAGE CONTROL GRANT IN THE AMOUNT OF $45,317 FOR POLICE TRAINING AND ENFORCEMENT: Police Department 7.APPROVED CONTRACT WITH ISHll ENGINEERING IN THE AMOUNT OF $43,180 FOR THE PREPARATION OF PLANS AND SPECIFICATIONS TO REPLACE CITY HALL HEATING, VENTILATION AND AIR CONDITIONING SYSTEM: Public Works. 8.ADOPTED RESOLUTION NO. 06-6932, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A CLASS SPECIFICATION AND ESTABLISHING A SALARY RANGE FOR ASSISTANT PLANNER II AND ESTABLISHING NEW SALARY RANGES FOR BUILDING OFFICIAL, HOUSING MANAGER AND HOUSING PLANNER : Administration ADMINISTRATIVE REPORTS: 9.CONSIDERATION OF ADOPTION OF A RESOLUTION PROVIDING FOR A RUNOFF ELECTION IN THE EVENT OF A TIE VOTE AT THE MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2006: City Clerk. A. ADOPTED RESOLUTION NO. 06-6933, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 7, 2006. City Clerk Midstokke explained that the adoption of the Resolution provides for a runoff election in the event of a tie vote that is not resolved by a recount or judicial resolution. She noted that by not adopting this Resolution it would force any ties to be determined with the flip of a coin. Council Member Cartozian asked if the election is consolidated with the County and City Clerk Midstokke responded that the General Election is consolidated and it would depend on the timing of the final tie vote whether the Special Election could be consolidated It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Trejo and unanimously carried to adopt the Resolution. City Council Minutes 07/1 1/06 -4- OTHER BUSINESS: CONSENT CALENDER – ITEMS REMOVED BY COUNCIL APPROVAL: 4.APPROVED AGREEMENT WITH DOWNEY CHAMBER OF COMMERCE FOR FISCAL YEAR 2006-07 TO PROMOTE THE WELFARE AND GROWTH OF THE CITY: Administration. Council Member Bayer asked the amounts given and when they are given to which City Manager Caton responded that $24,500 was approved during the Budget and is given in two payments; December 1 for approximately $15,000 and the remaining on February 1 . It was moved by Council Member Bayer, seconded by Council Member Gafin and unanimously carried to approve the agreement. ADJOURNMENT: 8:24 p.m. The meeting adjourned to 6:30 p.m. July 25, 2006 in memory of Fran Biller, longtime Downey resident and community advocate. I 1{\mM N MEREDITH H. PERKINS, MayorKATHLEEN L. MIDSTOKKE, City Clerk City Council Minutes 07/1 1/06