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HomeMy WebLinkAboutMinutes - 10-14-03 - Regular Meeting:" ' 0 1'4 588 MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING OCTOBER 14, 2003 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:35 p.m., October 14, 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 absent – (excused) ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Charles Vose, City Attorney Kathleen L. Midstokke, City Clerk/ Secretary Lee Powell, Assistant City Manager James Makshanoff, Assistant to the City Manaager 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 McCarthy, and unanimously carried (4/0) to approve the Closed Session Minutes of September 23, 2003. RECESS TO CLOSED SESSION Mayor/Chairman Trejo announced the Council/Commission is recessing to Closed Session (6:36 p.m.) to discuss matters under the authority of the following sections of the Government Code: 2.SECTION 54956.8 – Conference with real property negotiator Desi Alvarez re: property – Lakewood Boulevard Improvement Project located at the intersections generally located along Lakewood Boulevard south of Imperial Highway to north of Firestone Boulevard; negotiating parties: Marjorie Cruise, David Gonsalves, Ronald & James Kriss, Miccosukee Land Co., Mikio & Toshiye Okura and Coca Cola Bottling Co.; under negotiation: price and terms of payment. 3.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. City Council/Community Dev. Comm. Minutes (adj .) 10/14/03 -1- . 014589 4.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. The meeting reconvened in open session at 7:40 p.m., noting the absence of Council Member/Commissioner Bayer. There were no Closed Session actions to report. The meeting recessed at 7:40 p.m. ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 8:30 p.m.; (see Oral Communications in the Regular City Council Meeting Minutes) and recessed at 8:30 p.m. The meeting reconvened at 9:16 p.m., noting the absence of Council Member/Commissioner Bayer. ADJOURNMENT: 9:17 p.m. J 4hz&gay.kAI:J.g RickrKathleen L. Midstokke, City Clerk/Secretary City Council/Community Dev. Comm. Minutes (adj .) 10/14/03 -2- U14590 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING OCTOBER 14, 2003 The City Council of the City of Downey held a Regular Meeting at 7:44 p.m., October 14, 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 absent – (excused) ALSO PRESENT:Gerald M. Caton, City Manager Charles Vose, City Attorney Kathleen L. Midstokke, City Clerk Lee Powell, Assistant City Manger James Makshanoff, Assistant to the City Manager Desi Alvarez, Director of Public Works John Finch, Chief of Police Darrell George, Director of Community & Economic Development Bonnie Kehoe, Director of Community Services John Michicoff, Director of Finance Mark Sauter, Fire Chief Angie Avery, Recreation Manager Loren Behr, Executive Director Space Learning Center William Davis, Business Development Manager Vanessa Rojas, Special Projects Coordinator Mark Sellheim, Principal Planner Steven Yee, Economic Development Coordinator Susan Domen, Executive Secretary PRESENTATIONS Mayor Trejo presented to Downey High School Basketball and Boys Track athlete Rolando Fellizolla, the Mayor’s Athletic Excellence Award. Mayor Trejo announced he will be sending to Downey High School Girl’s Volleyball athlete Annabelle Garrido, the Mayor’s Athletic Excellence Award. Council Member Perkins presented to Robert Rubio, a Certificate of Appointment to the Emergency Preparedness Committee, for District 2. City Council Minutes 10/14/03 -1- . 014SJI Mayor Trejo read a Proclamation declaring October 2003 as End Domestic Violence & Breast Cancer Awareness Month and presented it to members of the Downey Soroptimist Club. Mayor Trejo read a Proclamation declaring October 2003 as National Breast Cancer Awareness Month and October 17 as National Mammography Day and presented it to Sheila Spirey of the American Cancer Society Mayor Trejo read a Proclamation declaring the month of October as Fire Prevention Month and presented it to Fire Chief Mark Sauter. Mayor Trejo read a Proclamation declaring October, 2003 as Lupus Awareness Month and presented it to Lupus International representatives. PUBLIC HEARINGS 1.ZONE CHANGE NO. 03-49 – A REQUEST TO CHANGE THE ZONING AT 12002 DOWNEY AVENUE FROM R-1 5,000 TO R-3-0; AND TWO PROPERTIES AT 12012 DOWNEY AVENUE FROM R-3 TO R-3-0; AND ADOPTION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT. Mayor Trejo opened the Public Hearing at 8:08 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 correspondence received from Hattie Jo & William Miller dated October 14, 2003, who oppose the zone change. It was moved by Council Member McCarthy, seconded by Council Member Perkins and so ordered to receive and file. A staff report was given by Mark Sellheim, Principal Planner which included a Power Point presentation. He noted that this zone changes involves three adjoining parcels at 12002 – 12012 Downey Avenue at Cole Street. The requested R-3-O zone is the medium density multiple family ownership zone and the proposed classification stipulates that development be multi family ownership type housing. Principal Planner Sellheim explained that one of the properties, at 12002 Downey Avenue, is zoned R-1 and the request is to zone it R-3-O. It is currently developed with a single family dwelling with a three car garage. The other two lots that make up the site are at 12012 Downey Avenue, are currently developed with a single family houses and have been zoned R-3 since 1958. Combined the parcels total 18,082 square feet. The zone change request was filed in conjunction with Tentative Tract Map. No. 03-60099, a request to resubdivide three lots into a one lot subdivision to establish nine townhouse condominium units. The Planning Commission considered both the zone change application and the Tentative Tract Map application at their September 3, 2003 Public Hearing and recommended the City Council approve the zone change and also approved the Tentative Tract Map application subject to the zone change being approved. Staff is recommending approval of the zone change based on several reasons including General Plan, zoning and neighborhood land uses. City Council Minutes 10/14/03 -2- O1 4 5 9: Mayor Pro Tempore Cartozian questioned the issue of guest parking that had been raised by the Planning Commission and some residents who spoke at the Public Hearing. Principal Planner Sellheim responded that the number of guest parking spaces is based upon the number of units built, the requirement being one guest space per every four units. For this subject project of nine units, three spaces are required and they are being provided. Council Member McCarthy stated that is appears the overall problem is the national average, including Downey, of number of cars per household over the past several years has increased dramatically and that at some point we need to reconsider our Code requirements. Principal Planner Sellheim responded that the Planning Commission has directed staff to research this issue and a report will be forthcoming in the near future. Steven Stapakis, applicant’s representative, 1724 Crestview Drive, Seal Beach, presented an enlarged map showing the existing uses of the properties in this subject area, indicating that a large percentage of the area is actually medium density and the pattern of development is consistent with the zone change request. He stated he felt most of the neighbors concerns about parking are from the existing developments, many of which have no guest parking at all and cause congestion. There being no further speakers, it was moved by moved by Council Member Perkins, seconded by Council Member McCarthy and so ordered to close the Public Hearing at 8:25 p.m. Council Member McCarthy stated that he understands the concern of the neighbors regarding traffic, although he does not feel it can be blamed on the proposed development, but rather, on the existing development and the increased number of cars per household. He supports this project as a means of providing affordable housing with individual ownership. Mayor Pro Tempore Cartozian pointed out that he is well aware of the fact that Downey Avenue has a lot of medium and higher density developments, commonplace in the 1960s and 1970s as evidenced by the architecture, which is contributing to the parking problems. He noted the concerns about the minimum guest parking standards and would like the issue revisited in the future. Mayor Trejo indicates he is supporting the project in that it will be condos with individual ownership which will be well maintained. The parking problems are city-wide and not limited to this subject area. ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY’S COMPREHENSIVE ZONING MAP CHANGING THE ZONING OF THE PROPERTY AT 12002 DOWNEY AVENUE FROM R-1 5,000 TO R-3-0 AND TWO PROPERTIES AT 12012 DOWNEY AVENUE FROM R-3 TO R-3-0 AND ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT City Clerk Midstokke read the title of the Ordinance. It was moved by Council Member McCarthy, seconded by Council Member Perkins, and unanimously carried (4/0) to waive further reading and introduce the Ordinance. City Council Minutes 10/14/03 -3- 014 :; ORAI, COMMUNICATIONS – No one came forward to speak. CONSENT CALENDAR – ITEMS FOR REMOVAL 7.CASH CONTRACT # S.S. 549/550 – GALLATIN ROAD AND WOODRUFF AVENUE SIDEWALK SYSTEM: APPROVE PLANS AND SPECIFICATIONS AND GRANT AUTHORITY TO ADVERTISE FOR BIDS, was removed at the request of Mayor Trejo and is listed under Other Business below. 10.AGREEMENT WITH THE DOWNEY UNIFIED SCHOOL DISTRICT TO JOINTLY FUND THE SCHOOL SAFETY POLICE PROGRAM, was removed at the request of Council Member Perkins and is listed under Other Business below. 12.BELLFLOWER BOULEVARD IMPROVEMENT PROJECT EXTENSION OF TERM OF THE CONTRACT WITH GATEWAY CITIES COUNCIL OF GOVERNMENTS TO EXTEND THE TERM FROM APRIL 30, 2003 TO APRIL 30, 2004, was pulled at the request of Council Member Perkins 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 (4/0) to waive further reading of the Resolutions and approve the remainder of the Consent Calendar items as recommended: 2.COUNCIL MINUTES: ADJOURNED REGULAR MEETING SEPTEMBER 23, 2003 : Approve. 3. 4. COUNCIL MINUTES: REGULAR MEETING, SEPTEMBER 23, 2003: Approve. CASH CONTRACT # 640 – FIRE STATION # 3 DORMITORY ADDITION: REJECT ALL BIDS: Approve. 5.CASH CONTRACT # 641 – WATER SAMPLING STATIONS: AWARD A CONTRACT TOTALING $27,850 TO VIDO SAMARZICH, INC. FOR INSTALLATION OF 20 WATER SAMPLING STATIONS: Approve. 6.CASH CONTRACT # S.S. 502/507 – MISCELLANEOUS CONCRETE CONSTRUCTION AND REPAIR PART I AND PART II: ACCEPT THE IMPROVEMENTS AND MAINTENANCE RESPONSIBILITY AND RELEASE THE RETENTION FOR IMPROVEMENTS: Approve. 8.WARRANTS ISSUED: 189206 – 189819; WIRE NUMBERS 194, 30000658-673; $4,542,048.76: Approve. City Council Minutes 10/14/03 -4- Ul 4 by '; 9.REFER THE APPEAL OF DENIAL OF THE POLICE PERMIT APPLICATION FOR MASSAGE TECHNICIAN FOR MS. YE CHONG CHU TO A HEARING OFFICER IN ACCORDANCE WITH DOWNEY MUNICIPAL CODE SECTION 6404: Approve. 11. 13. PERSONAL CELL PHONE REIMBURSEMENT PROGRAM: Approve. AUTHORIZE THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN AN AMOUNT NOT TO EXCEED $17,5000 WITH SPACE SCIENCE EDUCATION CONSULTING, LLC, FOR THE PROVISION OF EDUCATIONAL AND E-MISSION PROGRAMS FOR THE COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER: Approve. 14.AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE DOWNEY YMCA FOR THE PURPOSE OF LEASING CITY OWNED PROPERTY FOR A CHRISTMAS TREE LOT: Approve. 15.RESOLUTION NO. 6705 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE CITY CLERK’S DEPARTMENT. 16.RESOLUTION NO. 6706 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY IN OPPOSITION OF ASSEMBLY BILL 1160 (STATE ASSEMBLYMAN DARRELL STEINBERG) (regarding removing the authority of local land use decisions from local government concerning second unit developments). 17.RESOLUTION NO. 6707 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING CITY REPRESENTATIVES TO ACQUIRE FEDERAI, SURPLUS PROPERTY. 18.RESOLUTION NO. 6708 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY WAIVING THE REQUIRED NUMBER OF PARKING SPACES FOR ICONS COMPUTER ACCESS CENTER AT 8239 SECOND STREET, DOWNEY. 19.RESOLUTION NO. 6709 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY WAIVING THE REQUIRED NUMBER OF PARKING SPACES FOR MI TIERRA RESTAURANT AT 11045 DOWNEY AVENUE, DOWNEY, IN THE DOWNTOWN PARKING ASSESSMENT DISTRICT. City Council Minutes 10/14/03 -5- 0145.33 ORDINANCES 20.DOWNEY MUNICIPAL CODE AMENDMENT – DRIVEWAY APPROACH MAINTENANCE. A staff report was presented by Public Works Director Desi Alvarez who explained that the City has existing Ordinances regarding the private use of public property including the sidewalks and parkways but does not currently have an existing Ordinance requiring the maintenance of the driveway apron and approach. In some areas of Downey, these driveway approaches have been built of asphalt and are now decomposing. The proposed Ordinance would require that the property owners be responsible for the maintenance of those driveway approaches. Richard Pridham, resident of Downey, questioned the material that would be allowed and drainage issues. Director Alvarez responded that only concrete (Portland cement) driveways will be permitted and they will need to have proper drainage, which will be inspected upon installation. ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 7172 OF THE DOWNEY MUNICIPAL CODE RELATING TO THE MAINTENANCE RESPONSIBILITY FOR DRIVEWAY APPROACHES. City Clerk Midstokke read the title of the Ordinance. It was moved by Council Member McCarthy, seconded by Council Member Perkins, and unanimously carried (4/0), to waive further reading and introduce the Ordinance. ADMINISTRATIVE REPORTS 21.APPROVAL OF SECOND AMENDMENT TO THE PURCHASE AND SALE AGREEMENT WITH KAISER PERMANENTE. A staff report was presented by Community and Economic Development Director Darrell George who explained that the second amendment before the City Council will complete the transaction with Kaiser Foundation Hospitals which will result in the development of a new Kaiser medical center on approximately thirty acres of the former NASA property. The development includes a 600,000 square foot hospital, a 400 stall parking structure and two 200,000 square foot medical office towers. The base land value is $10 per square foot which represents approximately $ 13.3 million in terms of the land sale. Director George explained that the new hospital will have 352 beds which includes an 85 bay emergency room, 38 intensive care unit beds and 49 intensive care nursery beds. Approximately 3,500 employees will be located at this facility. City Attorney Charles Vose indicated that there have been amendments/changes to the proposed agreement and they have been distributed to the City Council and are in the public packet. City Council Minutes 10/14/03 -6- til 4 Lgb Council Member McCarthy questioned the Southern California Edison (“SCE”) substation and was of the understanding that Kaiser would be supplying their own power. City Manager Caton responded that it had been discussed that there might be some power cells on the site, but right now the hospital plans to receive their power from SCE. Richard Buckrop, representative of Kaiser, indicated that the Kaiser organization is please to have this opportunity to join the community. He indicated that he has been working on this project for over 3 years and has enjoyed working with Darrell George, David Rodriguez and Vanessa Roj as. Mayor Pro Tempore Cartozian thanked and recognized Jaime Garcia who is the Public Relations Director for Kaiser in this region, working with the City as well as the Chamber of Commerce. It was moved by Council Member Perkins, seconded by Mayor Pro Tempore Cartozian and unanimously carried (4/0) to authorize the Mayor to execute the Second Amendment to the Purchase and Sale Agreement between the City and Kaiser, for the development of a new Kaiser medical center on approximately 30-acres of the former NASA site, with the amendments/changes as distributed tonight. OTHER BUSINESS – Consent Calendar – Items removed by Council Approval: 7.CASH CONTRACT # S.S. 549/550 – GALLATIN ROAD AND WOODRUFF AVENUE SIDEWALK SYSTEM: APPROVE PLANS AND SPECIFICATIONS AND GRANT AUTHORITY TO ADVERTISE FOR BIDS. Mayor Trejo indicated he had pulled this item to express his support of the new sidewalks in the vicinity of Gallatin Road and Woodruff Avenue which will be an important improvement for school children walking back and forth to school in this area. It was moved by Mayor Trejo, seconded by Mayor Pro Tempore Cartozian and unanimously carried (4/0) to approve Plans and Specifications and grant authority to advertise for bids on Cash Contract No. SS. 549/500 – Gallatin Road and Woodruff Avenue Sidewalk System. 10.AGREEMENT WITH THE DOWNEY UNIFIED SCHOOL DISTRICT TO JOINTLY FUND THE SCHOOL SAFETY POLICE PROGRAM. Council Member Perkins indicated that he had discussed this at the Budget Study Session and was of the understanding that the City’s funding for this item would not be coming from the General Fund. City Manager Caton responded that Council Member Perkins was correct and the staff report should be corrected to reflect that the City’s portion is coming from the Police Department Asset Forfeiture Fund. It was moved by Council Member Perkins, seconded by Council Member McCarthy and unanimously carried (4/0) to authorize the Mayor to execute an agreement with the Downey Unified School District to jointly fund the School Safety Police Program, noting that the City’s $25,000 will be paid from the Asset Forfeiture Fund. City Council Minutes 10/14/03 -7- . 0145 ,37 12.BELLFLOWER BOULEVARD IMPROVEMENT PROJECT EXTENSION OF TERM OF THE CONTRACT WITH GATEWAY CITIES COUNCIL OF GOVERNMENTS TO EXTEND THE TERM FROM APRIL 30, 2003 TO APRIL 30, 2004. Council Member Perkins inquired regarding the requirement that the developer of the retail portion of the former NASA site is supposed to pay part of this improvement project. He referenced a letter from Eclipse Development Group dated July 26, 2003, which states that will pay $610,475. at close of escrow. City Manager Caton stated that this will be one of the items in the Sales Agreement for the retail center. It was moved by Council Member Perkins, seconded by Council Member McCarthy and unanimously carried (4/0) to: 1) Approve the first amendment to the contract with Gateway Cities Council of Governments to extend the term from April 30, 2003 to April 30, 2004, to provide grant funds for improving infrastructure at the former NASA site; 2) Appropriate additional grant funds totaling $214,618 as described in the contract with Gateway Cities Council of Governments; 3) Appropriate additional grant funds totaling $18,465 from the Los Angeles County Metropolitan Transportation Authority; 4) Authorize the use of $70,000 from the Miscellaneous Transportation Improvement Account; 5) Appropriate $200,000 in Proposition C Local Return Funds; and 6) Authorize the Director of Public Works to negotiate a change order with the contractor for paving of Bellflower Boulevard. OTHER BUSINESS - Council Members Comments Council Member Perkins complemented Public Works Director Alvarez and his crews for the City logo (seal) that is newly installed at the intersection of Civic Center Drive and 3rd Street; attended the City employees recognition luncheon today which recognized employees working for the City for 5, 10 and 15 years, specifically noting the Carol Rowland of Keep Downey Beautiful, Public Works Director Alvarez, and Community & Economic Development Director George all received their 5 year pins. Council Member McCarthy noted that Item # 14, approving the use of City property for YMCA Christmas Tree sales is an appropriate use of this property and that the manager of the tree lot has been Tod Comin, who was present earlier tonight; has spoken recently with SCE on the street light outages and requested that Public Works Director Alvarez give the telephone numbers for outages which are: (800) 655-4555 or (800) 611-1911 noting the Edison requires the street address and the pole number; requested that the telephone numbers be included on the City’s web site; participated in presenting a 100 year plaque to the Chamber of Commerce today; wished Ed DiLoreto a happy 90th birthday and continuing good health; announced that the Downey Civic Light Opera is presented “My One and Only” with music by Gershwin; requested that the report on paint colors for single family dwellings be included on a future agenda. Mayor Pro Tempore Cartozian noted that we are adjourning tonight in memory of former Mayor to the City of Downey, Scott Temple, who passed away recently and was on the City Council from 1956 – 1970, had a lot of friends who are still residents of Downey and was one of the links between the City of Downey and Guadalajara, Jalisco, Mexico becoming the 1 st U.S./Mexico Sister City City Council Minutes 10/14/03 -8- 014598 Mayor Trejo stated that it was an honor to present the employee service awards today; also an honor to present the Chamber of Commerce with the 100th Anniversary plaque; and noted when he was a member of the 1979 Downey High School Basketball CIF Champion Team and received recognition from then Mayor William Green and Mayor Pro Tempore Ken Miller, what a positive impact that recognition had on his life. OTHER BUSINESS - Staff Comments City Manager Caton noted it was almost an eight year process with Kaiser to finalize the development documents and thanked the various Council Members and staff for their diligent work on this project, indicating that this project is the 1 st piece of the puzzle on the development of the former NASA site; and noted that Assistant City Manager Lee Powell had received his 20 year service pm. ADJOURNMENT: 9:17 p.m. The meeting adjourned in memory of Scott Temple, former Mayor, member of the City’s first City Council and Council Member from 1956 – 1970, to 6:30 p.m., October 28, 2003, in the Council Chamber of Downey City Hall. -It ,/ Rick TrejoTHoKathleen L. Midstokke, City Clerk City Council Minutes 10/14/03 -9-