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HomeMy WebLinkAboutMinutes - 11-28-06 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING NOVEMBER 28, 2006 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:33 p.m., November 28, 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 6:40 p.m.) David R. Gafin Kirk O. Cartozian Anne M. Bayer (absent/excused) ALSO PRESENT:Gerald Caton, City Manager 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 NON-AGENDA PUBLIC COMMENT: No one came forward to speak. APPROVAL OF CLOSED SESSION MINUTES It was moved by Council Member/Commissioner Gafin, seconded by Council Member/Commissioner Cartozian, and unanimously carried (3/0) to approve the Closed Session Minutes of November 14, 2006. RECESS TO CLOSED SESSION Mayor/Chairman Perkins announced the Council/Commission is recessing 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: Arcadia vs. State Water Resources, San Diego Superior Court, Case #GIC8C)3631 ; and in re: Los Angeles County Municipal Stormwater Permit Litigation, L. A. Superior Court, Case ttLJbJV\JVLJaTtJa 2. Government Code Section 54956.9(c) – Conference with legal counsel – anticipated litigation. Initiation of\itigation – one potential case. City Council/Community Dev. Comm. Minutes (adj.) 11/28/06 -1 - RECONVENED The meeting reconvened in Open Session at 7:35 p.m. noting the absence ofCouncil Member/Commissioner Bayer. There were no actions to report. The meeting recessed at 7:35 p.m. The meeting reconvened at 9:33 p.m. noting the absence of Council Member/Commissioner Bayer. ADJOURNMENT: 9:33 p.m. d{:::„"@M&p/W, KATHLEEN L. MIDSTOKKE, City C City Council/Community Dev. Comm. Minutes (adj.) 1 1/28/06 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING NOVEMBER 28, 2006 TABLE OF MINUTE ACTIONS SUBJECT NO. ACTION PAGE Presentations Reso. # 064954, Authorizing condemnation of portions of Lakewood Bl. and Imperial Hwy. Ord. ZC #06-132: 11915 Downey Av., C-1 to Rl-5,000 Adopted 1 3 4 4 5 5 5 5 Introduced Non-Agenda Public Comment Council Member Announcements/Request for Future Agenda Items Staff Comments Consent Calendar – Items for Removal Council Minutes: Reg. & Adj. Mtg. 11/14/06 Warrants: #218076-218418: Wire Nos. 30001327-30001334 $3,242,915.45 CC #S.S. 574/575: All American Asphalt CC #S.S. 585: Impenal Hwy. raised mediums Correspondence: Chamber of Commerce req. for 10-yr. lease, City Attorney to prepare Code Amendment: Christmas tree & Halloween pumpkin sales Approved Approved Approved Approved Approved 5 6 6 6 6 6 6 6 6 6 6 6 Approved Approved Approved Approved Global Learning Agreement Approved Right-of-Way Easements-8847 Imperial Hwy./12555 Lakewood Bl. Approved Reso. #06-6955, Salary Assistant Superintendent-Public Works Adopted Reso. #06-6956, Appoint Rec. & Comm. Sws. Comm. Adopted Michael Hemsath, Dist. 5 Reso. #06-6957, Ethics Training NovaPro Risk Agreement RMC Water and Environment Agreement Amendment to COG Agreement-Truck Impact Intersections Adopted NOVEMBER 28, 2006 TABLE PAGE TWO Reso. #06-6958, Pedestrian Improvements-Safe Routes to School: Woodruff Av., Blodgett Av. & Imperial Hwy. Ord. #06-1198: Patton Rd., Speed Limits Ord . #06-1 199: Off-Street Parking R-1/R-2 Adjournment Adopted 7 7 7 7 Adopted Adopted MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING NOVEMBER 28, 2006 The City Council of the City of Downey held a Regular Meeting at 7:38 p.m., November 28, 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:Gerald Caton, City Manager 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 Edwin Norris, Deputy Director of Public Works Susan Domen, Secretary to the City Clerk PRESENTATIONS: Mayor Perkins presented the Mayor’s Soaring Eagle Award to Police Officer Mark Galindo, Detective Division. Mayor Perkins presented a Certificate of Appointment to Lee Ann Sears, Recreation and Community Services Commissioner for City Council District Four. PUBLIC HEARINGS: 1.CONSIDERATION OF ADOPTION OF A RESOLUTION OF NECESSITY TO ACQUIRE TWO PROPERTIES LOCATED ALONG LAKEWOOD BOULEVARD AND THE LEASEHOLD INTEREST IN PROPERTY LOCATED AT 8850 IMPERIAL HIGHWAY: public Works. City Council Minutes 1 1/28/06 -1- A, ADOPTED RESOLUTION NO. 06-6954, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION OF PORTIONS OF REAL PROPERTY LOCATED AT 12623, 12631-12639 LAKEWOOD BOULEVARD AND 8818-8832 IMPERIAL HIGHWAY; AND AT 12961 LAKEWOOD BOULEVARD; AND OF THE LEASEHOLD INTEREST IN THE PROPERTY LOCATED AT 8850 IMPERIAL HIGHWAY. Mayor Perkins opened the Public Hearing at 7:45 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Trejo and so ordered to receive and file. City Clerk Midstokke noted correspondence from the following persons: Kevin H. Brogan, Hill, Farrer & BurriII LLP representing Speedy Cash, Inc.; Gameil Hanein; and, Ralph Ascher, Ascher & Associates, P.C. representing David S. Gonsalves. It was moved by Council Member Cartozian, seconded by Council Member Gafin and so ordered to receive and file. Public Works Director Alvarez presented a Power Point presentation explaining that Lakewood Boulevard is a major arterial in the City and regionally and has been in service for over 70 years. The Boulevard is aging and there are many traffic safety issues including an above average accident rate. He continued that there is also an extensive amount of traffic congestion that will continue to increase due to the current and future development which is creating more cut-through traffic and speeding on residential streets. Director Alvarez noted that there are approximately 45,000 vehicles per day traveling the Boulevard now and it is anticipated that this will increase by 50% due to the City’s growth and another 50% due to growth in the region. He outlined the Project Goals, Objectives and Strategies including: mitigated traffic safety issues; alleviate traffic congestion; accommodate future growth; minimize right-of-way purchases; beautify the corridor; design and build improvements as a system; and encourage pedestrian activities. The project scope consists of construction of curb, gutter sidewalk, raised medians and parkways with landscaping, pedestrian and street lighting system, traffic signal system upgrades, drainage improvements, reduction of cross-slopes, pavement removal and resurfacing, widening of key intersections, additional turning lanes and three through lanes in each direction, along with wider lanes to accommodate larger trucks. Director Alvarez continued explaining that over 296 collisions took place in the major intersections on Lakewood Boulevard and that 3 of the 15 major intersections, including the Imperial Highway intersection, are among the top 10 worst intersections in the City. He explained that 50 worst mid-block roadway segments in the City have an accident rater of 0.70 or higher and Lakewood Boulevard has an average mid-block accident rate of 0.90, 30% higher than the 0.70 threshold. The existing median breaks have an average accident rate of 2.36, 240% higher than the threshold of 0.70 and seven of the worst 50 roadway segments are located on Lakewood Boulevard. He noted that by providing 3 through lanes in each direction, using medians to channelize traffic flow, adding right & left-turn lanes at intersections, increasing turn-pocket storage lengths, providing the necessary turning radius, synchronization/coordination of traffic signals, having protective permissive left-turn phasing and centralized traffic control would help reduce congestion. He concluded noting the challenges remaining to the project are acquiring the Gonsalves property, Jimmy’s Auto Repair property, and acquiring the leasehold interest in Speedy Cash along with the inconvenience to traffic, utility conflicts and relocation during construction and construction phasing to minimize impacts. Mayor Perkins clarified that the City owns the property that Speedy Cash occupies. Ralph Ascher, attorney for David Gonsalves, explained that he does not feel the City met the requirements in Government Code Sections 7267.1 and 7267.2 that provides for the property to be appraised before negotiations begin and for the right of the property owner to accompany the appraiser on the inspection so as to provide information on specifics that apply to the property and could effect the value of the appraisal. He stated that this did not occur on either of the two appraisals of the property and the owner has never received a full copy of the appraisals performed. City Council Minutes 1 1/28/06 -2- He continued that the property owner is in the middle of Chapter 1 1 Bankruptcy process. He noted that he has received a motion from the City Attorney’s office that will impact the owner from being able to clear the bankruptcy. He concluded that during the City’s appraisal it was not considered how the loss of parking spaces will affect the stores currently utilizing them. He requested that they be allowed the time to resolve the bankruptcy and submit their own appraisal that will be more inclusive of special factors effecting the property. David Gonsalves, owner, spoke on behalf of his current tenants and stated that after meeting with them and explaining the impact it would have on the property, the restaurant has decided to close and the other tenants will not be able to survive without the parking. Gameil Hanein, owner Jimmy’s Auto Repair, noted that he doesn’t want to be an obstacle, however, he would like to be compensated at the fair market value. He stated that he had been offered $61,000 in writing and $70,000 orally but this doesn’t consider future loss of income if the property is sold. He mentioned that he had hired his own appraiser and will have a report in 2-3 weeks and is currently seeking legal representation. He submitted a letter to City Clerk. There being no one further from the audience wishing to speak, it was moved by Council Member Gafin, seconded by Mayor Pro Tem Trejo and so ordered to close the Public Hearing, the time being 8:20 p.m. Council Member Gafin noted he is a staunch opponent to eminent domain when it effects personal properties and residences, however, this is a business transaction and the City has made offers and needs to come to an agreement with the property owners. Mayor Pro Tem Trejo stated that everyone cringes at the words eminent domain, however, the City is trying to improve traffic mitigation in Downey and reduce traffic congestion and emissions from vehicles. He feels the City is trying to negotiate in a fair manner and supports staff recommendation . Council Member Cartozian noted his appreciation for the speakers as this is not an easy situation. He feels that the Council has to look for the greater good of the City and that with the acquired property from the State, the City has a responsibility to maintain and provide proper traffic flow. He noted that 30 properties have already been negotiated and hopes the owners of the remaining 3 see it is for the City’s greater good and that the City is trying to pay true value. Mayor Perkins stated this in not a situation where a city takes land and sells to a private developer, however, it is for public safety and necessity. It was moved by Mayor Pro Tem Trejo, seconded by Council Member Gafin and unanimously carried (4/0) to adopt the Resolution. 2.ZONE CHANGE NO. 06-132, REQUESTING C-1 (NEIGHBORHOOD COMMERCIAL) TO R-1-5000 (SINGLE FAMILY RESIDENTIAL) FOR PROPERTY LOCATED AT 11915 DOWNEY AVENUE: Development Services. A. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY’S COMPREHENSIVE ZONING MAP CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY AT 11915 DOWNEY AVENUE FROM C-1 TO Rl- 5,000 AND APPROVING ZONE CHANGE NO. 06-132. Mayor Perkins opened the Public Hearing at 8:26 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 Council Minutes 1 1/28/06 -3- City Planner Godlewski presented a Power Point presentation explaining that the property located at 1 1915 Downey Avenue is on the west side of Downey Avenue just South of Stewart & Gray Road and zoned C,1. The applicant is requesting to have it re-zoned to Rl-5,000 so that she may make improvements to her home. He stated that this would bring the zoning into consistency with the General Plan designation of Low Density Residential. The property was developed as a single-family home and is consistent with the surrounding neighborhood. Clementine Hernandez, applicant, stated that she is asking for the zone change so that she may be able to remodel her home. 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 8:33 p.m. It was moved by Council Member Gafin, seconded Council Member Cartozian and unanimously carried (4/0) to introduce the Ordinance. NON-AGENDA PUBLIC COMMENT: Alfred Martinez, resident, noted his concerns with parking in residential neighborhoods on street sweeping days. Ben Esquivido, representative for Congresswoman Lucille Roybal-Allard, introduced himself as Eddie Tafoya’s replacement and gave his phone number (213) 628-9230. An unidentified Cerritos College student wanted someone to talk to about emergency preparedness and was directed to the Fire Chief at the close of the meeting. John Lacey, resident, thanked Mayor Perkins for his service to the City by serving on the City Council and Planning Commission and wished him the best in his new challenges; and he wished staff and their families happy holidays. Richard Pridham, resident, noted there are some things to be improved on such as allowing parking on street sweeping days on one side of street in mornings and other side during the afternoons; and told Mayor Perkins that it was a pleasure having him on the Council and wished him the best in the future. Emelia Hercules, daughter of Erin Kathleen Kennedy-Hercules, thanked the Council and Lennie Whittington for honoring her mother tonight. She stated that her mother loved Downey and spent many years working here and volunteering at St. Raymonds. Lennie Whittington, resident, spoke regarding Erin Kathleen Kennedy-Hercules noting that she was dedicated to serving her customers and loved the City and it’s residents. OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items: Council Member Cartozian thanked Mr. Esquivido for coming; recognized Planning Commission Steve Allen, Council Member Elect Mario Guerra, and Council Member Daniel Guespo from Bell Gardens in the audience; noted that it will be approximately one and a half years before the new park will be completed and asked if a Citywide naming contest could be done. City Council Minutes 1 1/28/06 -4- Mayor Pro Tem Trejo apologized for missing the last meeting noting he was at his daughter's volleyball CIF semi-finals for Warren High School; noted his respect for Mayor Perkins; requested that at the next meeting lights for Treasure Island and additional lights for Apollo park be placed on the agenda; commented that Northwest Downey Little League approached him regarding making improvements to the snack shack; and allowing Downey Junior Athletic Association to borrow the portable stage for their trophy day in December. Council Member Gafin recognized Steve Allen, President of Chamber of Commerce, Sue Nordin, Director of Chamber of Commerce and former Council Member Keith McCarthy in the audience; reminded everyone that Sunday, December 3’'’ is the annual Holiday Lane Parade; mentioned that Tuesday, December 5th is the City’s 50th Birthday celebration in front of City Hall from 3:00 p.m. until 6:00 p.m.; and that the Mayoral Transition will take place in the Council Chambers on December 12th Mayor Perkins recognized his son Jeff and Emergency Preparedness Committee member Robert Rubio in the audience; mentioned that he had never missed a Council meeting in 8 years; he stated that this meeting was his housekeeping meeting and wanted to clarify that the Brown Act violation accusation made against him and other Council Members in June of 2004 had not been properly cleared up and he read a letter from the District Attorney’s Office stating that there had not been sufficient evidence; mentioned he is leaving the City in good hands with his character untarnished; and offered congratulations to Mayor Pro Tem Trejo’s daughter for making the volleybatl CIF finals. STAFF MEMBER COMMENTS: City Manager Caton expressed his gratitude for all of the hard work and support for staff Mayor Perkins has shown in his 8 years in office. CONSENT CALENDAR - ITEMS FOR REMOVAL: 19.ADOPT ORDINANCE NO. 06-1 199. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION AND 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: Development Services. This item was removed at the request of Mayor Perkins and is listed under Other Business below CONSENT CALENDAR: It was moved by Council Member Gafin, seconded by Council Member Cartozian, and unanimously (4/0) carried to approve the remaining Consent Calendar items as recommended: 3.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings November 14, 2006: City Clerk. 4.APPROVED WARRANTS ISSUED: Nos. 218076 – 218418; Wire Nos. 30001327 – 30001334; in the total amount of $3,242,915.45: Finance. 5.CASH CONTRACT S.S. 574/575: AWARDED CONTRACT IN THE AMOUNT OF $983,983 TO ALL AMERICAN ASPHALT FOR STEWART AND GRAY ROAD PAVEMENT REHABILITATION: Public Works. City Council Minutes 1 1/28/06 -5- 6.CASH CONTRACT NO S.S. 585: APPROVED PLANS AND SPECIFICATIONS AND GRANTED AUTHORITY TO ADVERTISE FOR BIDS FOR IMPERIAL HIGHWAY RAISED MEDIANS BETWEEN BELLFLOWER BOULEVARD AND PARAMOUNT BOULEVARD: Public Works 7.CORRESPONDENCE FROM THE DOWNEY CHAMBER OF COMMERCE REQUESTING A 10-YEAR BUILDING LEASE WITH THE CITY; Administration. A. DIRECTED THE CITY ATTORNEY TO DRAFT A 10-YEAR BUILDING LEASE EXTENSION . 8.DIRECTED STAFF TO PROCESS A DOWNEY MUNICIPAL CODE AMENDMENT TO ARTICLE IX, CHAPTER 1, SECTION 9136.16 (CHRISTMAS TREE SALES), AS IT RELATES TO DURATION OF SALES AND THE ADDITION OF HALLOWEEN PUMPKIN SALES: Development Services. 9.APPROVED AGREEMENT WITH NOVAPRO RISK SOLUTIONS FOR LIABILITY CLAIMS ADMINISTRATION SERVICES; Finance. 10.APPROVED PROFESSIONAL SERVICES AGREEMENT WITH RMC WATER AND ENVIRONMENT FOR THE DEVELOPMENT OF A SANITARY SEWER MASTER PLAN IN THE AMOUNT OF $500,000; AND APPROPRIATE $100,000 FROM THE GENERAL FUND FOR COMPLETION OF THE PROJECT: Public Works. 11.APPROVED AMENDMENT TO THE AGREEMENT WITH GATEWAY CITIES COUNCIL OF GOVERNMENTS - PHASE 1 OF THE TRUCK IMPACTED INTERSECTION PROJECT; AND APPROPRIATE $51,260 FROM GAS TAX FUND TO SUPPORT THE ACTIVITY: Public Works 12.APPROVED AGREEMENT WITH GLOBAL LEARNING, INC. FOR TRAINING SERVICES FOR THE ASPIRE AND KID SMART CHILD CARE PROGRAMS: Community Services. 13.APPROVED AGREEMENT TO PURCHASE RIGHT-OF-WAY EASEMENT AT 8847 IMPERIAL HIGHWAY AND 12555 LAKEWOOD BOULEVARD FOR A PERMANENT ROADWAY EASEMENT FOR LAKEWOOD BOULEVARD IMPROVEMENTS; Public Works 14.ADOPTED RESOLUTION NO. 06-6955, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A SALARY RANGE FOR ASSISTANT SUPERINTENDENT (PUBLIC WORKS): Administration. 15.ADOPTED RESOLUTION NO. 06-6956, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MICHAEL HEMSATH TO THE RECREATION AND COMMUNITY SERVICES COMMISSION FOR COUNCIL DISTRICT FIVE: Administration. 16.ADOPTED RESOLUTION NO. 06-6957, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A POLICY FOR ETHICS TRAINING FOR THE CITY COUNCIL AND FOR CERTAIN MEMBERS OF CITY COUNCIL APPOINTED BOARDS. COMMISSIONS, COMMiTrEES AND DESIGNATED CITY STAFF: City Attorney, City Council Minutes 11/28/06 -6- 17.ADOPTED RESOLUTION NO. 06-6958, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE SUBMiTrAL OF THE “WOODRUFF AVENUE PEDESTRIAN IMPROVEMENTS”, “BLODGEl-r AVENUE PEDESTRIAN IMPROVEMENTS“ AND “SIGNALIZED CROSSWALK RELOCATION ON IMPERIAL HIGHWAY AT LA REINA AVENUE” APPLICATIONS FOR SAFE ROUTES TO SCHOOL FUNDING: Public Works. 18.ADOPTED ORDINANCE NO. 06-1 198, 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. OTHER BUSINESS: CONSENT CALENDER – ITEMS REMOVED BY COUNCIL APPROVAL: 19.ADOPTED ORDINANCE NO. 06-1199, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION AND 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: Development Services. Mayor Perkins noted he had pulled this item because he had voted no on it at introduction and wanted to be consistent with his vote. It was moved by Council Member Gafin, seconded Council Member Cartozian and carried by the following vote to adopt the Ordinance: AYES: NOES: ABSENT: Cartozian, Gafin, Trejo Mayor Perkins Bayer ADJOURNMENT: 9:33 p.m. The meeting adjourned at 9:33 p.m. to 6:00 p.m. December 12, 2006 in memory of Erin Kathleen Kennedy-Hercules, Manager of local Washington Mutual bank branch. City Council Minutes 1 1/28/06