HomeMy WebLinkAboutMinutes - 07-25-06 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
JULY 25, 2006
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:32 p.m., July 25, 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 6:33 p.m.)
David R. Gafin
Kirk O. Cartozian
Anne M. Bayer
ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director
Charles S. Vose, City Attorney/Economic Development Director
Lee Powell, Assistant City Manager
Desi Alvarez, Public Works Director
Roy Campos, Chief of Police
Kathleen L. Midstokke, City Clerk/Secretary
Scott Pomrehn, Assistant to the City Manager
David Lawrence, Special Legal Counsel
NON-AGENDA PUBLIC COMMENT: No one came forward to speak.
APPROVAL OF CLOSED SESSION RHNUTES
It was moved by Council Member/Commissioner Gafin, seconded by Council
Member/Commissioner Cartozian and so ordered to approve the Closed Session Minutes of July
11, 2006.
RECESS TO CLOSED SESSION
Mayor/Chairman Perkins announced the Council/Commission is ncessing to Closed
Session (6:34 p.m.) to discuss matters under the authority of the following sections of the
Government Code:
1. Government Code Section 54956.9(a) – Conference with legal counsel – existing litigation
Martinez v. City of Downey, L. A. County Superior Court, Case # BC277402.
2. Government Code Section 54957 – Public Employee Performance Evaluation – City Clerk.
Added an item by unanimous vote that the need arose subsequent to the posting of the agenda
and that there is a need to take immediate action:
City Council/Community Dev. Comm. Minutes (adj.) 07/25/06 -1 -
3. Government Code Section 54956.8 – Conference with real property negotiator Desi Alvarez
re: property located at 5215 S. Boye Avenue, Vernon; negotiating party: NI Industries; under
negotiations: price and terms of payment.
RECONVENED
The meeting reconvened in Open Session at 7:35 p.m. Qth all Council Members/
Commissioners present. There were no actions to report.
The meeting recessed at 7:35 p.m.
The meeting reconvened at 8:37 p.m. Wth all Council Members/Commissioners present.
ADJOURNMENT: 8:37 p.m.
MKE, City Cterk/Sem MEREWo
City Council/Community Dev. Comm. Minutes (adj.) 07/25/06 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JULY 25, 2006
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Presentations
Non-Agenda Public Comment
Council Member Announcements/Request for Future Agenda Items 1
2
2
2
2
3
3
3
3
3
3
3
4
5
5
Consent Calendar Items for Removal
Council Minutes: Reg. 07/1 1/06
Warrants: #214735-215087: Wire Nos. 30001255-30001262:
$3,268,878.32
Amend Long Beach Affordable Housing Agreement
CDBG Subrecipient Agreements, $144,500
MTA Prop A & C Funds Expenditure Update
Reso. #06-6934, Destruction Obsolete Records, City Clerk
Reso. #06-6935, Emerg. Preparedness Appt., Mary Stauffer
Reso. #06-6936, Intent to Grant Oil Pipeline Franchise, Exxon
Ord. #06-1 191, ZC 05-127, R-1-5000 to R-3-0
7714, 7722 & 7724 Stewart & Gray Rd.
Ord . #06-1 192, ZC 0642, R-1-5000 to R-3-0 Adopted
7612-7730 Stewart & Gray Rd. (even), 1 1905-1 1923 Rives Ave. (odd)
Dr. Lee Marek & Associates, Parking Spaces Waiver Referred to Staff
Staff Comments
Approved
Approved
Approved
Approved
Approved
Adopted
Adopted
Adopted
Adopted
Adjournment
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JULY 25, 2006
The City Council of the City of Downey held a Regular Meeting at 7:38 p.m., July 25, 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
Thad Phillips, Community Services Director
Scott Pomrehn, Assistant to the City Manager
Mark Sauter. Fire Chief
Erik Sund, Purchasing Manager
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 Sheila Pautsch, Community
Services Department, Social Services Supervisor.
Katrin McCarthy and Mayor Perkins presented proclamations to the Parents of the Year:
Joseph and Faye Wassenaar, Downey High School; and Dennis and Sandy Cox, Warren High
School
NON-AGENDA PUBLIC COMMENT: No one came forward to speak.
OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items:
A.CONFERENCE AND MEETING REPORTS. Mayor Perkins and Council Members
Cartozian and Gafin reported that they had attended a recent Independent Cities
Association Conference in Rancho Bernardo where they heard presentations on topics
including filming, Port of Los Angeles, housing needs, anatomy of a crisis and power of
the public.
City Council Minutes 07/25/06 -1-
Council Member Gafin thanked Mike Holland, representative from Assembly Member Hector
De La Torre’s office for making the presentations to the Parents of the Year; thanked former Mayor
Keith McCarthy for attending tonight; and congratulated Social Services Supervisor Pautsch for
receipt of the Mayor’s Soaring Eagle Award
Council Member Trejo expressed that it was an honor to present a City proclamation at the
annual Unity in the Community picnic at Treasure Island park; urged Downey residents to help
converse energy during the hot weather; requested a meeting with Community Service Director
Phillips regarding youth programs; requested that a meeting be arranged with the City, Downey
School District and the yMCA to address summer activities for school children.
Council Member Bayer recognized Dorothy King, former Mayor of Bellflower in the audience;
her appointees: Lee Ann Sears of Emergency Preparedness Committee, Robert Goldstein of Arts in
Public Places, and Fay Campbell of Water Facilities Corporation; announced that she had attended
a SEAACA meeting on July 20th and a SELACO WIB meeting on July 24th; requested that
maintenance check the temperatures in the City Clerk’s office which have been very warm on
several occasions; invited everyone to Concerts in the Park Wednesday evenings to enjoy music
from the 50’s and the 60’s.
Council Member Cartozian recognized potential City Council candidates for District 2: Robert
Rubio (and his wife), and Mario Guerra (and his son) in the audience; noted that the City of Cerritos
has a new beautiful sculpture garden dedicated to the airplane crash of twenty years ago.
Mayor Perkins recognized his son Jeff in the audience and thanked him for attending.
CONSENT CALENDAR – ITEMS FOR REMOVAL:
6.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY WHICH DENIES A
REQUEST BY DR. LEE MAREK AND ASSOCIATES TO ACCEPT A FEE AND WAIVE SIX
(6) AUTOMOBILE PARKING SPACES FOR A PHYSICIAN OWNED SURGICAL CENTER
PROPOSED AT 8200 FIRESTONE BOULEVARD IN THE DOWNTOWN ASSESSMENT
DISTRICT: Development Services. This item was removed at the request of Eddie Hansen,
representative for Dr. Lee Marek and Associates, and is listed under Other Business below.
CONSENT CALENDAR:
It was moved by Council Member Gafin, seconded by Council Member Cartozian and
unanimously carried, to approve the remaining Consent Calendar items as recommended:
1.
2.
APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings July 1 1, 2006:
City Clerk.
APPROVED WARRANTS ISSUED: Nos. 214735-215087: Wire Nos. 30001255-30001262:
in the total amount of $3,268,878.32: Finance.
3.APPROVED AMENDMENT TO THE EXISTING AGREEMENT WITH THE LONG BEACH
AFFORDABLE HOUSING COALITION INCREASING THE RESERVATION AMOUNT OF
FEDERAL HOME FUNDS: Development Services.
City Council Minutes 07/25/06 -2-
4.APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT
AGREEMENTS FOR EACH OF THE FOLLOWING AGENCIES. WITH A COMBINED
ALLOCATION OF $144,500: Development Services.
A. ARC OF SOUTHEAST LOS ANGELES COUNTY;
B. CHILDREN’S DENTAL HEALTH CLINIC;
C. DOWNEY UNIFIED SCHOOL DISTRICT;
D. RIO HONDO TEMPORARY HOME;
E. SOUTHERN CALIFORNIA REHABILITATION SERVICES. INC.;
F. SALVATION ARMY SOUTHEAST COMMUNITIES CORPS;
G. SU CASA FAMILY CRISIS AND SUPPORT CENTER;
H. SOUTHEAST LOS ANGELES COUNTY WORKFORCE INVESTMENT BOARD.
5.APPROVED THE ANNUAL PROJECT UPDATE FOR EXPENDITURE OF PROPOSITION
“A“ AND “C” LOCAL RETURN FUNDS FOR SUBMITrAL TO THE LOS ANGELES
COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (MTA): Public Works.
7.ADOPTED RESOLUTION NO. 06-6934, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE
RECORDS OF THE CITY CLERK’S DEPARTMENT: City Clerk.
8.ADOPTED RESOLUTION NO. 06-6935, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE APPOINTMENT OF DR. MARY STAUFFER TO
THE EMERGENCY PREPAREDNESS COMMiTrEE FOR COUNCIL DISTRICT THREE:
Administration.
9.ADOPTED RESOLUTION NO. 06-6936, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY DECLARING ITS INTENTION TO GRANT AN OIL PIPELINE
FRANCHISE TO EXXONMOBIL OIL CORPORATION AND SETTING FORTH THE
NOTICE OF THE TIME AND DATE FOR HEARING ANY OBJECTIONS THERETO; AND
SET A PUBLIC HEARING FOR AUGUST 22, 2006 TO CONSIDER ANY OBJECTIONS
AND GRANTING SUCH FRANCHISE: Public Works.
10.ZONE CHANGES NOS. 05-127 AND 06-62
A. ADOPTED ORDINANCE NO. 06-1191. 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 ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT: Development Services.
B. ADOPTED ORDINANCE NO. 06-1 192. 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) AND 11905-11923 RIVES AVENUE (ODD-NUMBERED) AND
ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT: Development
Services
ADMINISTRATIVE REPORTS: None
City Council Minutes 07/25/06 -3-
OTHER BUSINESS:
CONSENT CALENDER – ITEMS REMOVED BY COUNCIL APPROVAL:
6.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY WHICH DENIES A
REQUEST BY DR. LEE MAREK AND ASSOCIATES TO ACCEPT A FEE AND WAIVE SIX
(6) AUTOMOBILE PARKING SPACES FOR A PHYSICIAN OWNED SURGICAL CENTER
PROPOSED AT 8200 FIRESTONE BOULEVARD IN THE DOWNTOWN ASSESSMENT
DISTRICT: Development Services.
Eddie Hansen, representative for Dr. Lee Marek and Associates, explained that the facility
has 13 available parking spaces, but due to Code requirements needs an additional 6. He stated
that there will only be 2 doctors, 5 staff members and 2 patients at any given time at the facility.
Therefore, they would use less than the spots available to them. He noted that this is a credible
practice that is going to be investing $600,000 into renovations of the facility.
Council Member Bayer inquired about the operating hours and was told they would be from
7 a.m. to 3:30 p.m.
Kathy Barren spoke in favor of allowing the spaces so that the project could continue and
noted that it is a same day surgery clinic.
City Planner Godlewski stated that the downtown overlay zone allows for this kind of use but
due to being a medical facility instead of a retail facility, they are required to provide more parking
spaces. He noted that the distance between the parking facility and the business did not make use
of the parking spaces feasible and that this type of business goes against prior Council direction for
downtown activities.
In response to questions from Council, City Planner Godlewski continued that the previous
tenant met the requirement as a retail facility and that options had been looked into for shared use of
parking with the neighboring tenants to which there really were none available.
Mayor Perkins stated that the Council had previously approved the use of parking spaces for
businesses that weren’t in close proximity to the parking structure.
Lennie Whittington, resident of Downey, stated that he had seen anywhere from 50 – 75
people in the Karate place at a time.
City Manager Caton suggested that if the Council wanted to approve the spaces that the
recommendation would be to bring back a new resolution stating the unique circumstances so that a
precedence is not set
It was moved by Council Member Bayer, seconded by Mayor Pro Tem Trejo and carried by
the following vote to direct staff to bring back a Resolution accepting a fee and waiving six
automobile parking spaces with findings including unique circumstances.
AYES:
NOES:
Bayer, Cartozian, Trejo, Mayor Perkins
Gafin
Prior to the vote, Council Member Cartozian commended staff for giving proper direction in
the staff report because the situation is inconsistent with City Codes, but the Council had to consider
the unique circumstances.
City Council Minutes 07/25/06 -4-
Prior to the vote, Council Member Gafin noted that while the many empty spaces need to be
filled a Song that area and he is open to the business; there is a parking problem already in the
downtown area and he sees this as nothing more than a paper transaction rather than a solution to
parking problems. He stated that the owners should work out a parking situation with their
neighbors and the Council should not be selling fictitious parking spaces that won’t be used.
STAFF COMMENTS:
City Manager Caton noted that the City had reached a stage 2 electrical power alert this past
week which would allow for possible blackouts which greatly effects children and the elderly. In
response to this problem the City has opened two cooling centers for the citizens, one being located
at the Library and the other at the Barbara Riley Center. Edison has been made aware of these
facilities and in the event of blackouts these facilities will remain operational and the City is prepared
to keep them open all night if it becomes necessary.
ADJOURNMENT: 8:37 p.m.
The meeting adjourned to 6:30 p.m. August 8, 2006, in memory of Manuel Rubio, father of
Robert Rubio, Emergency Preparedness Committee member.
/
KATHLEEN L. MIDSTOKKE, City Clerk
City Council Minutes 07/25/06