HomeMy WebLinkAboutMinutes - 09-09-03 - Regular MeetingII{Ii; t: ! ! i
014 iJ ; ii
MINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
SEPTEMBER 9, 2003
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:30 p.m., September 9, 2003, in the Council Chamber of the Downey
City Hall, Mayor/Chairman Rick Trejo presiding.
PRESENT:Council Members/Commissioners:
Rick Trejo
Kirk O. Cartozian
Anne M. Bayer
Keith McCarthy
Meredith H. Perkins
Mayor/Chairman
Mayor Pro Tempore/Vice-Chairman
ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director
Charles Vose, City Attorney
Kathleen L. Midstokke, City Clerk/ Secretary
Lee Powell, Assistant City Manager
Desi Alvarez, Public Works Director
Darrell George, Director of Community & Economic Development
APPROVAL OF CLOSED SESSION MINUTES
It was moved by Council Member/Commissioner Perkins, seconded by Council Member/
Commissioner Bayer, and unanimously carried to approve the Closed Session Minutes of
August 26, 2003.
RECESS TO CLOSED SESSION
Mayor/Chairman Trejo announced the Council/Commission is recessing to Closed Session
(6:31 p.m.) to discuss matters under the authority of the following sections of the Government Code:
2.SECTION 54957.6 – Conference with labor negotiator Lee Powell re: direction for
labor negotiations with the Downey City Employees’ Association – Maintenance and
Miscellaneous Groups and the Downey Public Safety Auxiliary Association.
3.SECTION 54956.8 – Conference with real property negotiators Gerald Caton and
Darrell George re: Parcels 1 – 6 of the Downey NASA site generally bounded by
Stewart & Gray Road, Imperial Highway and Lakewood Blvd.; negotiating parties:
Downey Landing LLC, Industrial Realty Group, Kaiser Permanente; under
negotiation: price and terms of payment.
City Council/Community Dev. Comm. Minutes (adj .) 09/09/03 -1-
0143 JL
4.SECTION 54956.8 – Conference with real property negotiator Desi Alvarez re:
property: Lakewood Blvd. Improvement Project – intersections generally located along
Lakewood Blvd. south of Imperial Hwy. to north of Firestone Blvd.; negotiating
parties: Marjorie Cruise, David Gonsalves, Ronald & James Kiss, Miccousukee Land
Co. and Mikio & Toshiye Okura; under negotiations: price and terms of payment.
The meeting reconvened in open session at 7:35 p.m. with all members present. There were
no Closed Session actions to report. Mayor Trejo indicated that they would be returning to Closed
Session at the conclusion of the Regular City Council Meeting.
The meeting recessed at 7:36 p.m.
ORAI, COMMUNICATIONS
The meeting reconvened for Oral Communications at 9:03 p.m., (see Oral Communications
in the Regular City Council Meeting Minutes) and recessed at 9:13 p.m.
The meeting reconvened at 10:04 p.m., with all members present and immediately recessed
to Closed Session to complete discussion of items previously announced.
The meeting reconvened at 11:29 p.m. with all members present. There were no Closed
Session actions to report.
ADJOURNMENT: 11:30 p.m.
@@„„)W. bAM„xh A.u T
or/ChairrhanKathleen L. Midstokke, City Clerk/Secretary Rick Trejo, Ma)
City Council/Community Dev. Comm. Minutes (adj .) 09/09/03
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
SEPTEMBER 9, 2003
TABLE OF MINUTE ACTIONS
SUBJECT
Presented Certificate ofAppt. to Raul Lopez, Parking Place
Commission, District 4
Presented Certificate ofAppt. to Thomas Lucas, Recreation
& Community Services, District 1
Proclamation Constitution Week September 17-23
Public Hearing and Res. # 6699 & 6700 denying appeals
for 16 units at 8335-41 & 8349 Fontana Street
Oral Communications
Items removed from Consent Calendar
Council Minutes: Adj. & Reg. Mtgs. 08/26/03
Warrants Issued: # 188538-188888; Wire Nos
30000641-648; $2,082, 173.72
Ord. # 1153 relating to speed limits on Rosecrans Avenue
Lakewood Boulevard Improvement Project overview
Amendment to Agreement with State re: 1- 105 Beneficial
Reuse of Groundwater
Ord. # 1152 prohibiting loitering by criminal street gangs
Council Member Comments
Adjournment to 6:30 p.m., September 23, 2003
ACTION PAGE NO.
p=-nb
1
1
1
Adopted 2
4
5
5Approved
Approved
Adopted
5
5
6
7
7
7
8
A-nub
Approved
Adopted
0145 . ' )In
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
SEPTEMBER 9, 2003
The City Council of the City of Downey held a Regular Meeting at 7:38 p.m., September 9,
2003, in the Council Chamber of the Downey City Hall, Mayor Rick Trejo presiding.
PRESENT:Council Members:
Rick Trejo
Kirk O. Cartozian
Anne M. Bayer
Keith McCarthy
Meredith H. Perkins
Mayor
Mayor Pro Tempore
ALSO PRESENT:Gerald M. Caton, City Manager
Charles Vose, City Attorney
Kathleen L. Midstokke, City Clerk
Lee Powell, Assistant City Manger
Desi Alvarez, Director of Public Works
John Finch, Chief of Police
Mark Sauter, Fire Chief
Darrell George, Director of Community & Economic Development
Bonnie Kehoe, Director of Community Services
John Michicoff, Director of Finance
Kevin O’Connor, Theater Manager
Ron Yoshiki, Asst. Director of Community Dev./City Planner
Susan Domen, Executive Secretary
PRESENTATIONS
Council Member Bayer presented to Raul Lopez, a Certificate of Appointment to the
Parking Place Commission for District 4.
Council Member McCarthy presented to Thomas Lucas, a Certificate of Appointment to the
Recreation and Community Services Commission for District 1.
Mayor Trejo read a Proclamation designating September 17 – 23, 2003 as Constitution
Week.
City Council Minutes 09/09/03 -1-
; :i
t + 1,;,Q+ 45
PUBLIC HEARINGS
1.APPEAL OF TENTATIVE TRACT MAP NO. 03-60035 AND ZONE VARIANCE NO.
03-43 – REQUEST FOR A TRACT MAP TO DEVELOP A ONE-LOT SUBDIVISION
FOR A 16-UNIT DETACHED CONDOMINIUM COMPLEX AND A ZONE
VARIANCE TO SECTION 9132 OF THE MUNICIPAL CODE TO REDUCE
BUILDING SEPARATION AND COMMON OPEN SPACE REQUIREMENTS ON
PROPERTY AT 8335-41 AND 8349 FONTANA (APPLICANT/APPELLANT:
DONALD JERVIS).
Mayor Trejo 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 Perkins, seconded by Council Member
McCarthy and so ordered to receive and file. There was no correspondence received on this item.
A staff report was given by Ron Yoshiki, Assistant Director of Community Development/City
Planner which included a Power Point presentation. He explained that there are two applications
before the City Council tonight that are under appeal the first being a request to create a one-lot
subdivision for development of 16 units and the second being a variance for a reduction in building
separation between units and common open space. The plan deficiencies include proposed 10 foot
building separations, instead of the required 15 feet; and proposed common open space of 4, 106
square feet instead of the required 6,400 square feet. The site plan and proposed design were then
reviewed
Assistant Director Yoshiki emphasized that one of the main concepts of a Planned Unit
development is to put units together to create greater open space; rather than individual detached units
as proposed. This was one of the main concerns of the Planning Commission and both staff and the
Planning Commission felt the findings for a variance could not be met and would set a precedent for
this type of development.
Don Jervis, applicant/appellant, submitted a hand-out and 9 color pictures which were
distributed to the City Council. He explained that originally he planned to build 18 attached
condominiums. After visiting Sierra Madre, he wanted to design Craftsman like detached units with
private open spaces. He described the project as a higher quality condominium project with the
similarities of single family detached units, which over time will have a higher pride of ownership
and less turnover than attached condominium units. He expressed that this is a new style of
condominium project that does not exactly fit the Municipal Code, but he feels it does fit the property
and the neighborhood.
Mayor Pro Tempore Cartozian questioned Mr. Jervis on 7 recently approved developments in
the City that had met the Code provisions and why he felt this project would not be economically
feasible if the number of units were 14 instead of 16. Mr. Jervis responded that the larger the project,
the easier it is to give up more units with less financial impacts and there are a lot of other factors to
consider including the price paid for the property, the location, size of lots, etc.
Council Member McCarthy questioned the floor plans and lack of windows on some sides of
the units. Mr. Jervis explained that this was designed so that one could not look into another’s
window for privacy reasons and that there are windows in all of the rooms.
City Council Minutes 09/09/03 -2-
++X 014 S / 4
Council Member Perkins asked Mr. Jervis about the 4 suggestions made by the Planning
Commission and he indicated he was able to only accommodate 2 of the suggestions by the adding of
1 guest parking space and the widening of the walkway areas along the driveway from 3 to 4 feet. He
stated he was not able to provide the 15 feet between units or increase the common open space as
suggested by the Planning Commission.
In response to Council Member McCarthy, Mr. Jervis indicated that he had seen a project
similar to his proposed project, on Florence near Lakewood, a detached condo project with about 5
five feet between the buildings, that must have been granted a variance.
Robin Murray, designer for the project, explained that she had designed the project pursuant
to the Planned Unit Development standards of innovative and imaginative lands complementing and
harmonizing with the existing developments. She tried to create charm with indoor/outdoor living
spaces without being up against a rear fence.
Michael Stephanovich (sp.?), attorney for Don Jervis addressed the issue raised by the
Planning Commission of the precedent setting possibilities of a variance and raised the question of
where do the regulations control over the aesthetics. He referenced Downey Municipal Code Section
9132.26 stating: “It is the intent of this section to ensure optimum separation between buildings in
order to maximize light, air and privacy for residents of a Planned Unit Development.“ He feels this
design does maximize the amount of light, air and privacy of the residents.
There being no further speakers, it was moved by Council Member Perkins, seconded by
Council Member McCarthy and so ordered to close the Public Hearing at 8:50 p.m.
In response to questions from Council Member McCarthy, Assistant Director Yoshiki
indicated that it may be possible that 18 units could be built on this site if they were attached and that
the 15 foot separation requirement between units is so the open space is usable and not so small that it
is not functional.
Council Member McCarthy stated that he thinks the project presents a benefit. It was moved
by Council Member McCarthy, seconded by Council Member Bayer, and failed by the dissenting
votes of Council Member Perkins, Mayor Pro Tempore Cartozian and Mayor Trejo, to direct staff to
bring back a Resolution of approval.
Council Member Perkins referenced the staff report, page number 4, Table 2, noting that there
are many projects of this nature in the City and that the building separation has been 15 feet on all of
those that were approved. He noted that the Planned Unit Development allows certain provisions to
be set aside. In exchange, the developer should maximize open space and provide excellence in
design. He further noted the open space is lacking in this proposed development.
Mayor Pro Tempore Cartozian concurred in Council Member Perkins’ comments noting the
Planned Unit Development itself is established to have some flexibility for developments. He noted
that there is not only the concern of the 10 feet between the units but also the deficient open space.
Mayor Trejo expressed that his points have already been stated and that the Planned Unit
Development is intended to optimize open space. He also noted that the Planning Commission had
voted 4-0 on this matter with some strong findings and he supports them.
City Council Minutes 09/09/03 -3-
sO1’4’'5 I'S
RESOLUTION NO. 6699
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING
THE APPEAL AND DENYING A TENTATIVE TRACT MAP TO DEVELOP A ONE-
LOT SUBDIVISION FOR A 16-UNIT DETACHED CONDOMINIUM COMPLEX ON
PROPERTY AT 8335-41 AND 8349 FONTANA STREET, ZONED R-2-SUD (TWO-
FAMILY RESIDENTIAL – SECOND UNIT DEVELOPMENT AREA No. 8).
City Clerk Midstokke read the title of the Resolution. It was moved by Council Member
Perkins, seconded by Mayor Pro Tempore Cartozian, and carried by the following vote to waive
further reading and adopt the Resolution:
AYES: Bayer, Cartozian, Perkins, Mayor Trejo
NOES: McCarthy
RESOLUTION NO. 6700
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DEFWING
THE APPEAL AND DENYING A ZONE VARIANCE TO SECTION 9132 OF THE
DOWNEY MUNICIPAL CODE (PLANNED UNIT DEVELOPMENTS) TO REDUCE
BUILDING SEPARATION AND COMMON OPEN SPACE REQUIREMENTS FOR A
DETACHED CONDOMINIUM COMPLEX ON PROPERTY AT 8335-41 AND 8349
FONTANA STREET, ZONED R-2-SUD (TWO-FAMILY RESIDENTIAL – SECOND
UNIT DEVELOPMENT AREA No. 8).
City Clerk Midstokke read the title of the Resolution. It was moved by Mayor Pro Tempore
Cartozian, seconded by Council Member Perkins, and carried by the following vote to waive further
reading and adopt the Resolution :
AYES: Bayer, Cartozian, Perkins, Mayor Trejo
NOES: McCarthy
ORAL COMMUNICATIONS
Lennie Whittington, resident of Downey, mentioned that he had attended the grand opening of
the Home Avenue Adult Health Care Center located on Telegraph Rd. and that no one from the City
had attended, although he knows they were invited. He also mentioned that the City required ADA
construction compliance, although the State has limited the license to no patients in wheelchairs.
Maria Larkin, resident of Downey and President of the Chamber of Commerce, announced
and invited the City Council to attend the Business Expo on Thursday, Sept. 18, being held in the
parking lot of Bank of the West.
Richard Pridham, resident of Downey, thanked the Chief of Police for taking care of the street
vendor problem and said he appreciated a telephone call from Council Member Bayer about the oil
behind Pep Boys. He requested that the street lights out along Firestone Blvd. be replaced.
City Council Minutes 09/09/03 -4-
014 S ./ b
CORRESPONDENCE
2.REQUEST FROM DOWNEY ROSE FLOAT ASSN. CHAPERONE JOYCE PROKOP
FOR CITY FUNDING IN THE AMOUNT OF $397 TO COVER MISS TEEN
DOWNEY’S AIRFARE FOR GUADALAJARA SISTER CITY TRIP.
City Manager Caton indicated he had received a call from the President of the Rose Float
Assn., Gary DeRemer, and is requesting that this item be pulled from the agenda. It was so ordered
by Mayor Trejo and the item was withdrawn.
CONSENT CALENDAR – ITEMS FOR REMOVAL
6.1-105 BENEFICIAL REUSE OF GROUNDWATER PROJECT: AMENDMENT TO
AGREEMENT WITH STATE OF CALIFORNIA (CALTRANS) TO ACCEPT
ADDITIONAL $40,000 FROM STATE FOR INCREASED COST, was removed at the
request of Mayor Trejo and is listed under Other Business below.
8.ORDINANCE PROHIBITING LOITERING BY CRIMINAL STREET GANGS, was
pulled at the request of Mayor Trejo and is listed under Other Business below.
CONSENT CALENDAR
It was moved by Mayor Pro Tempore Cartozian, seconded by Council Member Perkins and
unanimously carried to waive further reading of the Resolutions and approve the remainder of
the Consent Calendar items as recommended:
3.COUNCIL MINUTES: ADJOURNED REGULAR MEETING AUGUST 26, 2003 :
Approve.
4.
5.
COUNCIL MINUTES: REGULAR MEETING, AUGUST 26, 2003: Approve.
WARRANTS ISSUED: 188538 – 188888: WIRE NUMBERS 30000641-648:
$2,082,173.72: Approve.
7.
9.
(NUMBER NOT USED)
ORDINANCE NO. 1153 (ADOPT)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING
TO SPEED LIMITS FOR ROSECRANS AVENUE.
City Council Minutes 09/09/03 -5-
ti,445;/?
ADMINISTRATIVE REPORTS
10.LAKEWOOD BOULEVARD IMPROVEMENT PROJECT OVERVIEW.
A staff report was presented by Desi Alvarez, Director of Public Works, which included a
Power Point presentation. He reviewed the history of Lakewood Boulevard, indicating that it was
constructed over 60 years ago, extends from Long Beach to Pasadena and was formerly State Route
19. The portion in Downey is 4.5 miles and was relinquished by the State to the City of Downey in
2001. It serves as a critical north/south arterial in the City and is a designated truck corridor.
Director Alvarez indicated the reasons for improving Lakewood Boulevard include traffic
safety, existing traffic congestion, poor roadway and drainage conditions, future traffic impacts due to
NASA development and regional growth effects. The project goals include mitigating traffic safety
concerns, alleviate traffic congestion, accommodate future growth, beautify the corridor, encourage
pedestrian activities and buffer nearby residential homes.
Director Alvarez explained that enhancements to reduce congestion include the addition of
turn lanes, increased turn-pocket storage lengths, larger turning radius to facilitate movement, three
through lanes in each direction, medians to channelize traffic flow, left-turn and right-turn signals,
synchronization of traffic signals and centralized traffic control. The project is planned for 3 phases,
with phase I running from south of Imperial Highway to Fifth Street; and phases II and Ill from south
of Imperial Highway to Gardendale Street and from Fifth Street to Telegraph Road. The preliminary
project schedule is: November 12, 2003: Public Hearing for eminent domain; November 25, 2003 :
approval of plans and specifications; January 27, 2004: award of construction contract and complete
right-of-way negotiations and purchases; and November, 2004: complete construction.
Council Member Perkins thanked Director Alvarez for the staff report and City Council
subcommittee members Bayer and McCarthy for their diligent work on this project.
Harold Tseklenis, resident of Downey, questioned whether a grade crossing is being
considered as part of this project and Director Alvarez responded that it was not.
Lennie Whittington, resident of Downey, hopes that the new crosswalks will be smoother than
the ones recently installed near City Hall that are very rough.
Richard Pridham, resident of Downey, questioned the boundary at Telegraph and whether the
City has the right-of-way up to Gallatin. Director Alvarez indicated that the only property remaining
in the control of the State is between the on-ramps and off-ramps on either side of 1-5. Mr. Pridham
noted that the plants appear to be high maintenance and water intensive.
Mayor Pro Tempore Cartozian commended the subcommittee for their work and thanked
Director Alvarez and his staff.
Mayor Trejo thanked the subcommittee and inquired regarding the number of accidents
occurring at Cecilia & 5th Street. Director Alvarez responded that Cecilia has a high volume of
traffic for a collector street and there is a lot of cut-thru traffic rushing across the intersection.
City Council Minutes 09/09/03 -6-
0] 4578
Council Member McCarthy thanked the staff including Principal Engineer Hector Bordas and
Deputy Director of Public Works Anthony La.
OTHER BUSINESS – Consent Calendar – Items removed by Council Approval:
6.1-105 BENEFICIAL REUSE OF GROUNDWATER PROJECT: AMENDMENT TO
AGREEMENT WITH STATE OF CALIFORNIA (CALTRANS) TO ACCEPT
ADDITIONAL $40,000 FROM STATE FOR INCREASED COST, was removed at the
request of Mayor Trejo and is listed under Other Business below.
Mayor Trejo indicated he had pulled this item to question where the pumped water is currently
going. Public Works Director Alvarez responded that it is flowing to the Los Angeles river and then
to the ocean. It is estimated to be about 2,000 acre feet a year.
It was moved by Mayor Trejo, seconded by Council Member Perkins and unanimously carried
to approve an amendment to the Contribution Agreement between the City of Downey and the
State of California Department of Transportation to adjust for the increased costs of
constructing a groundwater well and completing a Feasibility Study for the beneficial use of the
Interstate 105 groundwater.
8.ORDINANCE PROHIBITING LOITERING BY CRIMINAL STREET GANGS, was
pulled at the request of Mayor Trejo and is listed under Other Business below.
Mayor Trejo stated that he has received a lot of positive feedback from the community in
regards to these new regulations indicating that they are in full support of the new Ordinance.
Mayor Pro Tempore Cartozian thanked Chief of Police Finch and staff for attending the
Gangs Out of Downey meeting last week and informing this group of the new Ordinance.
ORDINANCE NO. 1152
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING SECTION 4107.6
THERETO RELATING TO LOITERING BY CRIMINAL STREET GANGS.
City Clerk Midstokke read the title of the Ordinance. It was moved by Mayor Trejo, seconded
by Mayor Pro Tempore Cartozian and unanimously carried to adopt.
OTHER BUSINESS - Council Members Comments
Council Member Perkins mentioned an emergency that occurred during the recent holiday
weekend regarding the City’s water in particular areas and commended Public Works Director
Alvarez and his staff for their excellent work.
City Council Minutes 09/09/03 -7-
. 01451'',)
Council Member McCarthy complimented City staff, specifically Stephen Yanez of Public
Works and Code Enforcement Officer Ed Walker, for their response to citizen complaints regarding
the condition of the Caltrans yard near the 1- 105 Freeway; and emphasized the importance of the U.S .
Constitution and the celebration on September 17 of Constitutional Day.
Mayor Pro Tempore Cartozian noted the upcoming 2nd year memorial of the September 1 1,
2001 attack on the United States and urged everyone to remember those who lost their lives and those
affected by this tragedy.
Mayor Trejo thanked the Council for their participation and support in the NASA ceremony.
He explained that Congresswoman Lucille Roybal-Allard had an emergency that day and could not
attend, but she toured the site with him the following week and received an update of the project.
Council Member Bayer recognized Emergency Preparedness Committee member for District
4, Lee Ann Sears, in attendance in the audience.
ADJOURNMENT: 11 :30 p.m.
The meeting recessed at 10:03 p.m. and reconvened at 11:29 p.m. with all Council Members
present and was adjourned to 6:30 p.m., September 23, 2003, in the Council Chamber of Downey
City Hall.
Kathleen L. Midstokke, City Clerk Fm Trejo, Mayor
City Council Minutes 09/09/03 -8-