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HomeMy WebLinkAboutMinutes - 08-22-06 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING AUGUST 22, 2006 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:33 p.m., August 22, 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/Vice-Chairman absent (excused) ALSO PRESENT:Lee Powell, Assistant City Manager Charles S. Vose, City Attorney/Economic Development Director Desi Alvarez, Public Works Director Joyce E. DoMe, Chief Deputy City Clerk/Acting Secretary Scott Pomrehn, Assistant to the City Manager NON-AGENDA PUBLIC COMMENT: No one came forward to speak. APPROVAL OF CLOSED SESSION MNUTES It was moved by Council Member/Commissioner GaIn, seconded by Mayor Pro Tem/Vice- Chairman Trejo, and so ordered to approve the Closed Session Minutes of August 8, 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 section of the Government Code: 1. Government Code Section 54956.8 – Conference with real property negotiator Desi Alvarez re: property located at 2001 East 57th Street, Los Angeles; negotiating party: Smurfit-Stone; under negotiations: price and terms of payment. RECONVENED The meeting reconvened in Open Session at 7:31 p.m. noting the absence ofCouncil Member/Commissioner Cartozian. There were no actions to report. The meeting recessed at 7:31 p.m. The meeting reconvened at 9:46 p.m. Wth all Council Members/Commissioners present. City Council/Community Dev. Comm. Minutes (adj.) 08/22/06 -1 - ADJOURNMENT: 9:46 p.m. City Council/Community Dev. Comm. Minutes (adj.) 08/22/06 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING AUGUST 22, 2006 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Presentations Reso. # 06-6941 Denying Tent. Parcel Map #06-66335, Suva Ord. ExxonMobil Oil Pipeline Franchise Agreement Reso. #06-6942 MTA Congestion Management Plan Abatement Recovery Costs, 8019 Bergman Lane Non-Agenda Public Comment Council Member Announcements/Request for Future Agenda Council Minutes: Reg. & Adj. Mg. 08/08/06 Warrants: #215441-216038; Wire Nos. 294-296: 30001271- 30001278; $4,286,764.36 ZC #06-97, R-3 to R-2, Referred to PC Community Services Staffing Changes, Recreation Manager Replace 7 Fire Mobile Radios Donate Surplus USAR Vehicle; Fire Reso. #06-6943, Relocation Rules & Regulations Ord. #06-1 193, DMC Amendment, Juvenile Daytime Curfew Ord. #06-1 1 94, DMC Amendment, Art in Public Places Adjournment Adopted Introduced Adopted Approved 1 3 4 4 5 5 5 5 5 6 6 6 6 6 6 6 Items Approved Approved Approved Approved Approved Approved Adopted Adopted Adopted MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING AUGUST 22, 2006 The City Council of the City of Downey held a Regular Meeting at 7:34 p.m., August 22, 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 absent (excused) ALSO PRESENT:Lee Powell, Assistant City Manager Charles S. Vose, City Attorney/Economic Development Director Joyce E. Doyle, Chief Deputy City Clerk Desi Alvarez, Public Works Director John Michicoff, Finance Director Thad Phillips, Community Services Director John Godlewski, City Planner Mike Miller, Police Captain Scott Pomrehn, Assistant to the City Manager Jeff Turner, Fire Captain Susan Domen, Secretary to the City Clerk PRESENTATIONS: Mayor Perkins presented the Mayor’s Soaring Eagle Award to Police Officer Vincent Rosario. Mayor Perkins presented a Certificate of Appointment to Roy Beard , Emergency Preparedness Committee for Council District 5. Mayor Perkins presented Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting and CA Society of Municipal Finance Officers Certificate of Award for Outstanding Financial Reporting FY2004-05 to John Michicoff, Finance Director Milinda Martin, Regional Director of Public Relations and Special Events for Macy’s presented a Power Point presentation regarding the “Parade on Parade” event. PUBLIC HEARINGS: 1.APPEAL OF DENIAL OF TENTATIVE PARCEL MAP NO. 06-66335 – 8220 SUVA STREET; Development Services. City Council Minutes 08/22/06 -1- A. ADOPTED RESOLUTION NO. 06-6941, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND DENYING TENTATIVE PARCEL MAP NO. 06-66335 – A REQUEST TO SUBDIVIDE THE 27,505 SQUARE FOOT PARCEL AT 8220 SUVA STREET INTO TWO (2) LOTS, ZONED SINGLE-FAMILY RESIDENTIAL (R-1 7,500) Mayor Perkins opened the Public Hearing at 7:54 p.m. Chief Deputy City Clerk Doyle 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 presented a Power Point presentation, noting that there are 10 parcels having common access on the private street. Most of the lots are 75-162 foot lots with the vast majority having an 80 foot frontage. There would be a 20 foot paved easement required with the lot spit and an increase of the lot frontage to 70 feet on lot 2. During the July 19, 2006, Planning Commission meeting, staff recommended to the Planning Commission the approval of the lot split with the additional conditions addressing the neighbors concerns. During the Planning Commission meeting the neighbors expressed concerns for parking and emergency access and submitted petitions signed by people against the lot split. He continued, stating that this is a land use issue and there are seven findings listed in the State Subdivision Map Act and at least one would have to be made and stated in the Resolution to deny the lot split. The appellant would be required to pave the easement in front of the two lots to help ease the parking concerns stated by the neighbors. He said staff recommends approval of the appeal with the conditions as stated above. Mayor Pro Tem Trejo clarified that staff was suggesting a larger frontage from 60 feet to 70 feet and the condition of the appellants paving the private easement. Mayor Perkins clarified the street is controlled by Covenants, Conditions and Restrictions which means the residents are responsible for the upkeep and improvements to the street; and the residents are responsible for implementing and enforcing the parking issues as long as it does not interfere with emergency services access. Paul DeTilla, appellant’s representative, stated that he had developed the Tentative Parcel Map and along with the Magana's was surprised by the reaction of the neighbors. He noted that he tried to clarify that this was a land use issue to the Planning Commission and was unsuccessful. He continued that the appellant’s are more than willing to accept the recommendations presented by staff and noted that the Resolution proposed supporting the appeal, section 2, lists declarations that encapsulate the appellant’s argument. He feels the project is consistent with the General Plan and meets the requirements of a lot split. Henry Alvarez, appellant’s architect, stated that they had reviewed and recent projects in the area, noting that there are (3) similar projects. The following persons spoke in opposition to the parcel map: Gerhard Gross Grace Bird Monica Gross Vicki Van Lueven Chris Baumann Vicki Smith (Note: various speakers turned in letters, petitions and photographs in regards to this matter.) Paul DeTilla, appellant's representative, rebutted that he had only heard one new item since the Planning Commission meeting and it was not the intent of the project to remove the speaker’s garden. He stated they were trying to address all of the neighbors’ concerns. City Council Minutes 08/22/06 -2- Ohna (sp?) Magana, appellant's daughter, stated that the second house would be built for her use and therefore would not create anymore traffic density on the street since she currently lives there with her parents, and that they just want to improve their homes and build adequate garages for their vehicles. It was moved by Mayor Pro Tem Trejo, seconded by Council Member Gafin and so ordered to close the Public Hearing at 8:40 p.m. City Attorney Vose clarified that the one main issue discussed tonight is that this is a private street and the City has no authority over parking issues, that it is controlled by the Covenants, Conditions and Restrictions and the residents are responsible for enforcing them. He stated that this is a tract map/zoning issue for the Council to consider. The issue is whether or not the project is in conformance with the General Plan, conforms to the development of the area, and if the roadway is developed enough to accommodate the density of an additional lot. Council Member Gafin asked if the condition of extending the street would have to be approved by the residents on the street and was informed that staff had evaluated the parking issues raised by the residents and the condition is only a result to help alleviate their concerns and is subject to their approval. He then stated that he believes the situation meets two of the seven items on the list, Public Health and Safety issues, and therefore, agrees with the Planning Commission’s decision Mayor Pro Tem Trejo stated that there is a strong representation of people opposed to this project. He would like Code Enforcement to look into the matter of the residents operating a business out of their home. He does not feel that the project fits the General Plan and supports the Planning Commission decision to deny the appeal. Mayor Perkins clarified the Suva Street easement goes through to Orizaba Avenue. He then asked if the installation of the pavement would interfere with the adjoining neighbor's garage and was told no, it would only affect the appellant’s property. He continued that being good neighbors could have resolved some of the problems, however, the issue before the Council is whether the lot can be split and not the parking. It was moved by Mayor Pro Tem Trejo, seconded by Council Member Bayer and carried by the following vote to adopt a Resolution denying the appeal and denying Tentative Parcel Map No. 06-66335. AYES: NOES: ABSENT: Bayer, Gafin, Trejo Mayor Perkins Cartozian The meeting recessed at 8:57 p.m. and reconvened at 9:04 p.m. noting the absence of Council Member Cartozian. 2.ISSUANCE OF FRANCHISE FOR A PIPELINE SYSTEM TO EXXONMOBIL OIL CORPORATION: Public Works. A. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING AN OIL FRANCHISE TO EXXONMOBIL OIL CORPORATION. Mayor Perkins opened the Public Hearing at 9:05 p.m. Chief Deputy City Clerk Doyle 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 Council Minutes 08/22/06 -3- Public Works Director Alvarez presented a staff report explaining that the oil pipeline franchise agreement with ExxonMobil that was granted in 1995 has expired. He said negotiations have been ongoing and the agreement arrived at provides a rate of compensation of $1.02 per linear foot and subject to increases based upon the Consumer Price Index rate equaling approximately $12,386 per year. City Attorney Vose noted that this is consistent with a previous franchise agreement that the Council recently approved. Harold Tseklenis, resident of Downey, voiced concerns regarding some of the clauses in the agreement regarding indemnification, inspections, claims, and removal of pipeline. It was moved by Council Member Gafin, seconded by Mayor Pro Tem Trejo and so ordered to close the Public Hearing at 9:15 p.m. City Attorney Vose addressed Mr. Tseklenis' concerns, stating that this is a normal franchise agreement and most of the areas are governed by State and Federal laws. It was moved by Mayor Pro Tem Trejo, seconded by Council Member Bayer and unanimously (4/0) carried to introduce the Ordinance granting an Oil Franchise to ExxonMobil Oil Corporation. 3.CONFORMANCE WITH METROPOLITAN TRANSIT AUTHORITY’S (MTA) CONGESTION MANAGEMENT PLAN: Development Services. A. ADOPTED RESOLUTION NO. 06-6942, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. Mayor Perkins opened the Public Hearing at 7:54 p.m. Chief Deputy City Clerk Doyle 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. City Planner Godlewski presented a staff report stating that as mandated by the Metropolitan Transportation Authority (MTA) each city must self-certify annually. The allocation estimate for the fiscal year 2006-2007 is $683,000. It was moved by Council Member Gafin, seconded by Mayor Pro Tem Trejo and so ordered by the Mayor to close the Public Hearing at 9:20 p.m. There being no further discussion, it was moved by Mayor Pro Tem Trejo, seconded by Council Member Gafin and unanimously (4/0) carried to adopt the Resolution. 4.RECOVERY OF CITY’S COSTS INVOLVED IN THE ABATEMENT OF THE DANGEROUS BUILDING NUISANCE AT 8019 BERGMAN LANE: Public Works. A. CONFIRMED THE DIRECTOR OF PUBLIC WORKS’ REPORT AND CHARGE OF THE CITY’S COST OF ABATING THE DANGEROUS BUILDING NUISANCE AT 8019 BERGMAN LANE PURSUANT TO L.A. COUNTY SUPERIOR COURT WARRANT NO. 6SWO066; AND B. ORDERED THIS CHARGE OF COST TO BE ASSESSED AGAINST THE PROPERTY BY RECORDING A LIEN WITH THE L.A. COUNTY TAX ASSESSOR. City Council Minutes 08/22/06 -4- Mayor Perkins opened the Public Hearing at 9:21 p.m. Chief Deputy City Clerk Doyle affirmed receipt of the Proof of Publication and the affidavit of posting/mailing. 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 the staff report noting that the work provided by the City was demolition, removal and securing the site after destruction by fire. He stated that the City’s cost for these services is $18,670.90 and staff would like a lien filed against the property with the Los Angeles County Tax Assessor. Mayor Perkins questioned if the property owners were contacted prior to going through this process and was informed that yes they were and no one has come forward for the estate. It was moved by Council Member Gafin, seconded by Mayor Pro Tem Trejo and so ordered to close the Public Hearing at 9:25 p.m. There being no discussion it was moved by Mayor Pro Tem Trejo, seconded by Council Member Gafin and unanimously (4/0) carried to (1) confirm the Director of Public Works’ report and charge of the City’s cost of abating the dangerous building nuisance at 8019 Bergman Lane pursuant to Los Angeles Superior Court Warrant No 6SW0066, and (2) order this charge of cost to be assessed against the property by recording a lien with the Los Angeles County Tax Assessor. NON-AGENDA PUBLIC COMMENT: Medhat lskarous, developer/owner of new office building at 1 1003 Lakewood Boulevard, distributed letters to the Council regarding his concern that a burden is being placed upon the project by the City’s requirement of installation of four water meters. Vicki Van Leuven, resident of Downey, spoke regarding turn-around problems associated with medians on Paramount Boulevard north of Florence Avenue and parking problems for office buildings in this area; and the sale of the Rives Mansion. Robert Rubio, Downey resident and candidate for City Council, District Two, invited the City Council to attend the El Rancho San Antonio Historical Society of Bell Gardens - Petersen Farm House 100 years old celebration on August 26, 2006. Robert Goldstein, Downey resident, spoke regarding Downey Regional Medical Center’s 50 year celebration and asked the City for their support for the charity Charter Ball fundraiser. OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items: Council Member Bayer announced the last concert in the park will be Wednesday night, noting it was a great season and hoped the good work will continue next year. Mayor Pro Tem Trejo thanked Community Services Director Thad Phillips for speaking at the Men’s Club, First Presbyterian Church. Mayor Perkins recognized his son Jeff in the audience and City Council candidates for District Two, Robert Rubio and Mario Guerra. CONSENT CALENDAR: It was moved by Mayor Pro Tem Trejo, seconded by Council Member Gafin, and unanimously carried (4/0) to approve the remaining Consent Calendar items as recommended: City Council Minutes 08/22/06 -5- 5.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings August 8, 2006: City Clerk. 6.APPROVED WARRANTS ISSUED: Nos. 215441-216038; Wire Nos. 294-296: 30001271- 30001278; in the total amount of $4,286,764.36: Finance. 7.REFERRED TO PLANNING COMMISSION INITIATION OF ZONE CHANGE NO. 06-97 TO REZONE 59 PARCELS FROM R-3 (MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL) TO R-2 (TWO FAMILY RESIDENTIAL) TO CONFORM TO THE GENERAL PLAN: Development Services. 8.ADDED THE POSITION OF RECREATION MANAGER TO THE CITY STAFFING CHART. DELETE ONE RECREATION SUPERVISOR POSITION, AND APPROPRIATE $16,223 FROM THE GENERAL FUND FOR IMPLEMENTATION: Community Services. 9.AUTHORIZED THE REPLACEMENT OF SEVEN (7) VHF MOBILE RADIOS AND APPROPRIATE $20,000 FOR THE PURCHASE: Fire. 10.AUTHORIZED THE DONATION OF THE SURPLUS RESERVE URBAN SEARCH AND RESCUE (USAR) VEHICLE TO THE BALDWIN LAKE FIRE DEPARTMENT: Fire. 11.ADOPTED RESOLUTION NO. 06-6943, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING RELOCATION RULES AND REGULATIONS CONFORMING TO THE CALIFORNIA RELOCATION ASSISTANCE LAW (CALIFORNIA GOVERNMENT CODE S 7260 ET SEQ.) AND THE FEDERAL UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT (42 U.S.C. 460 ET SEQ.): Public Works. 12.ADOPTED ORDINANCE NO. 06-1 193, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING CHAPTER 1 OF ARTICLE IV OF THE DOWNEY MUNICIPAL CODE TO REGULATE JUVENILE DAYTIME CURFEW AND LOITERING: Administration. 13.ADOPTED ORDINANCE NO. 06-1194, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, AMENDING THE DOWNEY MUNICIPAL CODE, ARTICLE VIII. BUILDING REGULATIONS, TO CLARIFY THE APPLICATION OF THE “ART IN PUBLIC PLACES” DEVELOPMENT FEE: Administration. ADMINISTRATIVE REPORTS: None ADJOURNMENT: 9:46 p.m. The meeting adjourned to 6:30 p.m. September 12, 2006 in memory of Annette Pillow, Downey Theater Stage Manager. YLE, Chief '5ebuty City Clerk City Council Minutes 08/22/06 -6-