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Home My WebLink AboutMinutes - 11-14-06 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING NOVEMBER 14, 2006 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:30 p.m., No\ember 14, 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 Mayor/Chairman Mayor Pro Tem/Vice-Chairman (absent, excused) David R. Gafin Kirk O. Cartozian Anne M. Bayer ALSO PRESENT:Lee Powell, Assistant City Manager Charles S. Vose, City Attorney/Economic Development Director Kathleen L. Midstokke, City Clerk/Secretary Scott Pomrehn, Assistant to the City Manager Desi Alvarez, Public Works Director Kris Mendenhall, Special Counsel Dan McCarthy, Special Counsel NON-AGENDA PUBLIC COMMENT: No one came forward to speak. APPROVAL OF CLOSED SESSION MINUTES It was moved by Council Member/Commissioner GaIn, seconded by Council Member/Commissioner Bayer, and unanimously carried (4/0) to approve the Closed Session Minutes of October 24, 2006. RECESS TO CLOSED SESSION Mayor/Chairman Perkins announced the Council/Commission is ncessing to Closed Session (6:31 p.m.) to discuss matters under the authority of the following sections of the Government Code: 1.Government Code Section 54956.9(c) – Conference with legal counsel – anticipated litigation. Initiation of litigation – one potential case. 2.Government Code Section 54956.8 – Conference with real property negotiator Desi Alvarez re: properties at: A. 8847 Imperia\ Highway and 12555 Lakewood Boulevard; negotiating parties: Abbas Satrap and Navid Sharafatian; B. 12961 Lakewood Boulevard; negotiating party: Gameil Hanein; City Council/Community Dev. Comm. Minutes (adj.) 11/14/06 -1 - C. 8818-8832 Imperial Highway and 12623, 12631-12639 Lakewood Boulevard; negotiating party: David Gonsalves; D. 8850 Imperial Highway; negotiating party: Tom Steele; Under negotiations: price and terms of payment. RECONVENED The meeting reconvened in Open Session at 7:34 p.m. noting the absence ofCouncil Member/Commissioner Trejo. There were no actions to report. The meeting recessed at 7:34 p.m. The meeting reconvened at 9:26 p.m. noting the absence of Council Member/Commissioner Trejo ADJOURNMENT: 9:26 p.m. , P. %LAkE /y=MAcH.nih MEREDITH H. PERKINS, Mayor/ChairmanKATHLEEN L. MIDSTOKKE, City Clerk/Secretary U City Council/Community Dev. Comm. Minutes (adj.) 11/14/06 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING NOVEMBER 14, 2006 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Presentations Reso. # 066950-Appeal, Denial ZV #06-1 00, 7537 Calmcrest, Driveway. Ord. Code Amendment #06-22-Off Street Prkg R-1 & R-2 Zones Introduced Non-Agenda Public Comment Council Member Announcements/Request for Future Agenda Items Consent Calendar – Items for Removal Adopted 1 2 4 4 5 5 5 Council Minutes: Reg. & Adj. Mtg. 10/24/06 Warrants: #217603-218075; Wire Nos. 30001319-30001326; $3,193,428.80 CC #S.S. 567: APA Engineering Agreement ZC #06-132: 11915 Downey Ave., C-1 to Rl-5,000 Approved Approved Approved Set Hearing 11 /28/06 Carry-Forward Appropriations, FY 6/30/06, $1,793,038.86 Approved Leymaster Environmental Agreement Renewal Approved Gateway Cities Implementation Agreement, 1-710 EIR Approved Appropriate Funds re: Purchase Police Car Radios Approved Appropriate Funds re: Digital Lines, Police Radio Upgrades Approved ASES Grant Application, Aspire Program Approved DOJ-COPS Grant $50,000, Fire & PD Comm Center Aprroved Reso. #06-6951 : PM #65058, 9489 Raviller Adopted Reso. #06-6952: GPA #06-77, ZC #06-78, 12850 Woodruff Ave. Adopted Reso. #06-6953, Appoint Rec. & Comm. Swcs. Comm. Adopted Lee Ann Sears, District 5 Ord. #06-1 197, DMC Amendment Section 3186, Old Riwr School Rd., Speed Limits 5 5 5 5 5 5 6 6 6 6 6 6 6Adopted 11/14/06 PAGE TWO Ord. DMC Amendment, Section 3186, Patton Rd., Speed Limits Appropriate Funds, $12,000, Downey’s 50th Birthday Party EMSA Grant, $44,000 & Contract Reimburse Fire Purchases CC #656 (Phase 3A): Reject Bids Imp. Hw/ Vapor Extraction CC # 660: PIns. & Specs. City Hall Htg. & A/C Adjournment Introduced Approved Approved Approved Approved 6 6 6 7 7 7 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING NOVEMBER 14, 2006 The City Council of the City of Downey held a Regular Meeting at 7:36 p.m., November 14, 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 Mayor Mayor Pro Tem (absent, excused) David R. Gafin Kirk O. Cartozian Anne M. Bayer ALSO PRESENT:Charles S. Vose, City Attorney/Economic Development Director Lee Powell, Assistant City Manager Kathleen L. Midstokke, City Clerk Scott Pomrehn, Assistant to the City Manager Desi Alvarez, Public Works Director Roy Campos, Chief of Police Linda Haines, Development Services Director John Michicoff, Finance Director Thad Phillips, Community Services Director Mark Sauter. Fire Chief John Godlewski, City Planner Sonya Meacham, Recreation Supervisor Brad Van Ert, Fire Captain Susan Domen, Secretary to the City Clerk PRESENTATIONS: None PUBLIC HEARINGS: 1.APPEAL OF DENIAL OF ZONE VARIANCE NO. 06-100, A REQUEST FOR A VARIANCE TO SECTION 9150 AND 9110 OF DOWNEY MUNICIPAL CODE TO RETAIN AN OVERSIZED DRIVEWAY AND PERMIT EXCESSIVE CONCRETE PAVING IN THE FRONT YARD SETBACK FOR PROPERTY AT 7537 CALMCREST DRIVE, ZONED Rl-5,000 (OWNER/APPELLANT: DAVID HAMMOND): Development Services. A. ADOPTED RESOLUTION NO. 06-6950, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND DENYING ZONE VARIANCE NO. 06-100 TO SECTION 9150.08(d)(3) AND 9110.12(c)(iii) OF THE DOWNEY MUNICIPAL CODE TO RETAIN AN OVERSIZED DRIVEWAY AND PERMIT EXCESSIVE PAVING IN THE FRONT YARD ON PROPERTY LOCATED AT 7537 CALMCREST DRIVE, ZONED SINGLE-FAMILY RESIDENTIAL (Rl-5,000). City Council Minutes 1 1/14/06 -1- Mayor Perkins opened the Public Hearing at 7:36 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Gafin, seconded by Council Member Bayer and so ordered to receive and file. City Planner Godlewski presented a Power Point presentation explaining that the property owner at 7537 Calmcrest is appealing a Planning Commission decision denying a Zone Variance allowing for excessive concrete in the driveway front yard setback. The Code currently only allows for a driveway of 10 – 12 feet in width with a driveway with a setback greater than 30 feet in length from the property line and a rear set two-car garage, since the driveway allows for tandem parking along with the garage and a greater front yard landscaped area. He stated that the excessive concrete was installed somewhere between 1987 and 1997 and that the applicant has asked for the zone variance primarily because one of the occupants is handicapped and the additional parking would allow for greater access to the front door. Council Member Gafin asked if the neighboring properties shown in staffs presentation had been cited and had removed the excessive concrete and was told that yes, a number of properties had been cited and complied by removing the concrete. Tanya Simmons and David Hammond, appellants, noted that the other property owners had removed the concrete unwillingly. They noted their concerns of why one street had been targeted when there are thousands of properties in the City with excessive concrete, stating there is a parking issue on this street. The appellants explained that on street sweeping days it is difficult to get their vehicles off the street due to the number of vehicles and having a dog in the back yard. They stated that the concrete doesn’t look bad and therefore should not have to be removed and turned in photocopies of other properties in the City with excessive concrete to the City Clerk. There being no further speakers, it was moved by Council Member Cartozian, seconded by Council Member Gafin and unanimously (4/0) carried to close the Public Hearing the time being 7:50 p.m Council Member Cartozian stated that while he sympathizes with the need for parking, the City must enforce the current Codes. He continued that most cases pursued by Code Enforcement were turned into the City by their neighbors and not by active looking on the part of the City. Council Member Gafin concurred with the previous comments by Council Member Cartozian and stated that the next item is the consideration of changing the Code for single-family residences. He noted that this property is capable of parking cars down the driveway and that they have not presented any information to cause for the overturning of the Planning Commission’s decision. Mayor Perkins noted that two colleagues have stated their denial and he would agree, noting that perhaps it is time to have the City re-evaluate the Code on this issue. It was moved by Council Member Gafin, seconded by Council Member Cartozian and unanimously carried (4/0) to adopt a Resolution denying the appeal and denying Zone Variance No. 06-100. 2.CODE AMENDMENT NO. 06-22, A REQUEST TO REVISE SECTION 9150.08(d) OF THE DOWNEY MUNICIPAL CODE RELATING TO OFF-STREET PARKING IN THE R-1 (SINGLE-FAMILY RESIDENTIAL) AND R-2 (TWO-FAMILY RESIDENTIAL) ZONES: Development Services. City Council Minutes 1 1/14/06 -2- A.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING CODE AMENDMENT NO. 06-22, THEREBY AMENDING SECTION 9150.08(d) OF THE DOWNEY MUNICIPAL CODE RELATING TO OFF-STREET PARKING IN THE R-1 (SINGLE-FAMILY RESIDENTIAL) AND R-2 (TWO-FAMILY RESIDENTIAL) ZONES AND ADOPTING A NEGATIVE DECLARATION. Mayor Perkins opened the Public Hearing at 7:58 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Gafin, seconded by Council Member Bayer and so ordered to receive and file. City Planner Godlewski presented a Power Point presentation noting that this review of the Code had been brought about at the request of the Council from the August 9th meeting. Staff and the Planning Commission reviewed the existing Code and the need for more available parking on Single-Family Residential (R-1 ) and Two-Family Residential (R-2) Zones. He continued that staff is recommending that driveways less than 30 feet long, with a one-car garage, be allowed to construct a driveway 18 feet wide and that there be no more than 40% of total front yard space allowed for hardscape. Council Member Cartozian clarified that the total amount of paving in the front of the lot be reduced from 50% to 40% total frontage and that this would not be hindering any existing conditions. David Hammond, resident, noted his concerns as to the fairness of citizens that already have the 50% concrete coverage in existence. There being no further speakers, it was moved by Council Member Gafin, seconded by Council Member Cartozian and so ordered to close the Public Hearing the time being 8:11 p.m. Council Member Gafin stated that he had requested this Code Amendment previously to help with the parking situations in certain neighborhoods were parking is scarce and that this allows for a one-car garage to have the same parking space as a two-car garage, without having to increase the size of the garage. Council Member Bayer noted the importance of getting cars off of the streets but that the Code should be enforced in an equitable way. Council Member Cartozian mentioned that he wished a more extensive look would be taken before this was passed, to include all residential driveway paving as there is a greater need for off- street parking no matter the size of the home. He also questioned what would happen to properties in the future. City Attorney Vose explained that the City can only deal with matters as they are today. He also noted that the decrease from 50% to 40% total frontage does not effect or make more restrictive any current situations. Council Member Cartozian state he would like a more comprehensive plan brought back to the Council for future consideration. Council Member Gafin stated that it took a year to get to this point and when it was originally discussed there was not a problem with homes that had two or three-car garages. He went on to say that parking problems associated with homes with one-car garages need to be addressed now and that the other areas could be looked at separately from this issue. City Council Minutes 1 1/14/06 -3- It was moved by Council Member Bayer, seconded by Council Member Gafin and carried by the following vote to introduce the Ordinance. AYES: NOES: ABSENT: Bayer, Cartozian, Gafin Mayor Perkins Trejo NON-AGENDA PUBLIC COMMENT: Anthony Fostella, and James Pilaf, Northwest Downey Little League, requested the City’s assistance in providing matching funds to expand the snack shack at Furman Park. They stated they have submitted a letter to Community Services and blue prints are available. The following speakers, all Downey residents, addressed the Council requesting a local Historic Preservation Code for Downey, raised concerns about recent changes on the Rives mansion property and referenced the General Plan in regards to historical preservation: George Redfox Steve Wilson Harold Tseklenis Mark Neehouse Unknown speaker, resident of Downey, stated that he also supports preserving historical landmarks; is concerned with the shopping carts being left by street vendors in his neighborhood; the increased graffiti activity at Independence Park; and the trash being dumped along Washburn Road OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items: CONFERENCE AND MEETING REPORTS. None. Council Member Cartozian announced that Gauldin Elementary and Keep Downey Beautiful is having a clean up at Independence Park this weekend; indicated he is happy to meet with the speakers regarding historical preservation, however, some structures don’t deserve protection like the old Golf Course Clubhouse; and noted the old Boeing site has historical buildings and hopes the City will carefully look at any changes in use of this property. Council Member Bayer thanked Lee Ann Sears, appointee to the Emergency Preparedness Committee and Fay Campbell, appointee to the Water Facility Corporation for attending tonight; noted she attended a Southeast Area Animal Control Authority (SEAACA ) meeting today; and stated that graffiti is really getting out of hand in the area, specifically noting that a desert tortoise was recently spray painted . Council Member Gafin indicated he shares the concern regarding historical preservation and would like to get more information. He directed staff to come back with a study on what other cities have done and noting the pros and cons, requested the study be put on a future agenda; he recognized past Chamber of Commerce President Steve Hoffman in the audience tonight; requested that the Police Chief look into street food vendors checking that they have the proper City and County Health Department permits; and wished everyone a Happy Thanksgiving holiday. City Council Minutes 1 1/14/06 -4- Mayor Perkins thanked his son Jeff and friend Irene for attending tonight; noted he had attended the Downey Regional Medical Center Charter Ball and presented the City with an engraved clock; announced that he had attended the Tournament of Roses Picture Day for the 2007 Rose Queen and her court along with Miss Downey Kimberley Scott and Miss Teen Downey Denise Antillone, and presented the Council Members with copies of the Tournament Theme posters; and noted he had two meetings remaining before the end of his Council term and thanked the many people he has worked with, especially fellow Council Members. CONSENT CALENDAR – ITEMS FOR REMOVAL: 6.CASH CONTRACT NO. 656 (PHASE 3A); REJECTED ALL BIDS AND GRANTED AUTHORITY TO RE-ADVERTISE FOR BIDS FOR 9255 IMPERIAL HIGHWAY VAPOR EXTRACTION SYSTEM PROJECT: Public Works. 7.CASH CONTRACT NO. 660: APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZDE BIDS FOR CITY HALL HEATING, VENTILATION AND AIR CONDITIONING UPGRADE: Public Works. CONSENT CALENDAR: It was moved by Council Member Cartozian, seconded by Council Member Gafin, and unanimously (4/0) carried to approve the remaining Consent Calendar items as recommended: 3.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings October 24, 2006: City Clerk. 4.APPROVED WARRANTS ISSUED: Nos. 217603 – 218075; Wire Nos. 299 and 30001319- 30001326; in the total amount of $3,193,428.80: Finance. 5.CASH CONTRACT S.S. 567: APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH APA ENGINEERING IN THE AMOUNT OF $58,170 FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR RESIDENTIAL STREET PAVEMENT REHABILITATION: Public Works. 8.SET PUBLIC HEARING FOR NOVEMBER 28, 2006 FOR ZONE CHANGE NO. 06-132, REQUESTING C-1 (NEIGHBORHOOD COMMERCIAL) TO Rl-5000 (SINGLE FAMILY RESIDENTIAL) FOR PROPERTY LOCATED AT 11915 DOWNEY AVENUE: Development Services 9.APPROVED CARRY-FORWARD APPROPRIATIONS IN THE AMOUNT OF $1,793,038.86 FOR THE FISCAL YEAR ENDED JUNE 30, 2006: Finance. 10.APPROVED RENEWAL OF AGREEMENT WITH LEYMASTER ENVIRONMENTAL FOR ON-CALL CONSULTING SERVICES: Public Works. 11.APPROVED IMPLEMENTATION AGREEMENT WITH GATEWAY CITIES COUNCIL OF GOVERNMENTS (GCCOG) FOR PREPARATION OF INTERSTATE 710 ENVIRONMENTAL IMPACT REPORT/STATEMENT: Public Works. 12.APPROPRIATED $160,000 1N FEDERAL HOMELAND SECURITY GRANT FUNDS AND $25,000 1N ASSET FORFEITURE FUNDS FOR THE PURCHASE OF POLICE CAR RADIOS: Police. City Council Minutes 1 1/14/06 -5- 13.APPROPRIATED $25,000 1N ASSET FORFEITURE FUNDS FOR THE PURCHASE OF DIGITAL COMMUNICATION LINES FOR POLICE RADIO INFRASTRUCTURE UPGRADE: Police 14.APPROVED IN-KIND PARTICIPATION IN THE AMOUNT OF $35,715 AS PART OF THE AFTER SCHOOL SAFETY AND ENRICHMENT (ASES) GRANT APPLICATION TO ADD SEVEN AFTER SCHOOL SITES TO THE ASPIRE PROGRAM: Community Services. 15.ACCEPTED DEPARTMENT OF JUSTICE COMMUNITY ORIENTED POLICING SERVICES (DOJ-COPS) GRANT IN THE AMOUNT OF $50,000 AND APPROPRIATION OF FUNDS FOR FIRE AND POLICE DEPARTMENT COMMUNICATIONS CENTER IMPROVEMENTS: Fire 16.ADOPTED RESOLUTION NO. 06-6951, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 65058 , 9489 RAVILLER DRIVE, APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING A SUBDIVISION IMPROVEMENT CASH DEPOSIT AS SURETY: Public Works 17.ADOPTED RESOLUTION NO. 06-6952, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING GENERAL PLAN AMENDMENT NO. 06-77 AND ZONE CHANGE NO. 06-78 FOR PROPERTY LOCATED AT 12850 WOODRUFF AVENUE: Development Services. 18.ADOPTED RESOLUTION NO. 06-6953, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF LEE ANN SEARS TO THE RECREATION AND COMMUNITY SERVICES COMMISSION FOR COUNCIL DISTRICT FOUR: Administration. 19.ADOPTED ORDINANCE NO. 06-1197, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO SPEED LIMITS FOR OLD RIVER SCHOOL ROAD: Public Works. 20.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO SPEED LIMITS FOR PATTON ROAD: Public Works. ADMINISTRATIVE REPORTS: 21 .APPROPRIATED $12,000 FOR COSTS ASSOCIATED WITH HOSTING DOWNEY'S 50th BIRTHDAY PARTY ON DECEMBER 5, 2006: Administration. _Assistant to the Cjtty M?nage.r P?[nrenn prEsented a. report putlinitLIg the activities planned forthe Tuesday, December 5th celebration the City will be hosting for the 50th anniversary. He noted the event will have music, cake and honor residents and businesses who also turned 50 this year. It was moved by Council Member Gafin, seconded by Council Member Bayer and unanimously (4/0) carried to appropriate $12,000 for the 50th Birthday Party. 22.ACCEPTED LOS ANGELES COUNTY EMERGENCY MEDICAL SERVICES AGENCY (EMSA) GRANT IN THE AMOUNT OF $44,000 AND APPROVED CONTRACT FOR REIMBURSEMENT OF FIRE DEPARTMENT EQUIPMENT PURCHASES AND TRAINING COSTS: Fire City Council Minutes 11/14/06 -6- Fire Chief Sauter presented a Power Point presentation outlining the services and equipment that are provided, noting this grant will reimburse the City’s expenses. It was move by Council Member Cartozian, seconded by Council Member Gafin and unanimously (4/0) carried to accept the grant. OTHER BUSINESS: CONSENT CALENDER – ITEMS REMOVED BY COUNCIL APPROVAL: 6.CASH CONTRACT NO. 656 (PHASE 3A): REJECTED ALL BIDS AND GRANTED AUTHORITY TO RE-ADVERTISE FOR BIDS FOR 9255 IMPERIAL HIGHWAY VAPOR EXTRACTION SYSTEM PROJECT: Public Works. Council Member Gafin asked if there had been an error in the Engineer's original estimate of the project due to the large difference in the estimate and the bid received. Director of Public Works Alvarez responded that due to only receiving one bid it eliminated the competitive process and the project has been re-evaluated to see what City staff could complete, therefore reducing the job to be bid. Staff is now asking for the authority to re-advertise for bids to bring in a larger pool of contractors. Council Member Gafin concluded that staff should make sure to thoroughly evaluate any job before sending out for bid. It was moved by Council Member Gafin, seconded by Council Member Cartozian and unanimously (4/0) carried to approve Cash Contract No. 656. 7.CASH CONTRACT NO. 660: APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZDE BIDS FOR CITY HALL HEATING, VENTILATION AND AIR CONDITIONING UPGRADE: Public Works. Council Member Gafin asked where the $1.16 million is coming from and was told the General Fund. It was moved by Council Member Gafin, seconded by Council Member Cartozian and unanimously (4/0) carried to approve Cash Contract No. 660. ADJOURNMENT: 9:26 p.m. The meeting adjourned at 9:26. to 6:30 p.m. November 28, 2006, in memory of David Morgan Aguilar, graduate of St. John Bosco High School and son of Rita Aguilar, office manager of Minkes, Deere and O’Leary surgical group in Downey. IM&vW .m2iM£v,/4%gIG.LI.Kh PERKINS MayorMEREDITH HKATHLEEN L. MIDSTOKKE, City Clerk City Council Minutes 1 1/14/06 -7-