HomeMy WebLinkAboutMinutes - 06-28-05 - Regular Meeting015005
MINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
JUNE 28, 2005
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:31 p.m., June 28, 2005, in the Council Charnberof the Downey City
Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairman Anne M. Bayer presiding.
PRESENT:Council Members/Commissioners:
Anne M. Bayer
Meredith H. Perkins
Rick Trejo
David R. Gafin
Kirk O. Cartozian
Mayor/Chairman
Mayor Pro Tem/Vice-Chairman
ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director
Charles S. Vose, City Attorney/Economic Development Director
Lee Powell, Assistant City Manager
Desi Alvarez. Director of Public Works
James Makshanoff, Deputy City Manager
Steven Yee, Principal Planner
Kathleen L. Midstokke, City Clerk/Secretary
NON-AGENDA PUBLIC COMMENT
Christopher Avila, resident of Downey, requested to speak at this time regarding Item # 12 on
the Regular City Council Agenda (consideration of adoption of an interim urgency ordinance re:
building of certain two story family residential homes in the R-1 zones of the City). He indicated he
had a recent heart attack and could not wait for an extended period of time to speak. He expressed
that he was in favor of the proposed moratorium on very large homes and they cause too many cars
and multiple families per home.
APPROVAL OF CLOSED SESSION MNUTES
It was moved by Mayor Pro Tem/Vice-Chairman Perkins, seconded by Council
Member/Commissioner Gafin and unanimously carried (5/0) to approve the Closed Session
Minutes of June 14, 2005.
RECESS TO CLOSED SESSION
Mayor/Chairman Bayer announced the Council/Commission is recessing to Closed
Session (6:35 p.m.) to discuss matters under the authority of the following sections of the
Government Code:
1.Government Code Section 54957.6 – Conference with labor negotiator Lee Powell re:
direction for labor negotiations with Police Officers’ Assn. and Police Management Assn.
City Council/Community Dev. Comm. Minutes (adj.) 06/28/05 -1 -
015006
2,
3.
Government Code Section 54956.8(b) – Conference with real property negotiator Charles S.
Vose re: property at 9066 Firestone Boulevard; negotiating party: Prirnestor Development;
under negotiations: price and terms of payment.
Government Code Section 54956.8(b) – Conference with real property negotiator Desi
Alvarez re: property at 8818 & 8845 Impedal Highway; negotiating party: Jim Kriss;
under negotiations: price and terms of payment.
RECONVENED
The meeting reconvened in Open Session at 7:30 p.m. Qth all Council Members/
Commissioners present. There were no Closed Session actions to report.
The meeting recessed at 7:30 p.m.
The meeting reconvened at 1 1 :27 p.m. Mth all Council Members/Commissioners present.
ADJOURNMENT: 11 :27 p.m.
qaa@hW. T
KATHLEEN L. MIDSTOKKE, City Clerk/Secretary AN aE M. BAmamo
City Council/Community Dev. Comm. Minutes (adj.) 06/28/05 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JUNE 28, 2005
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Presentations
Reso. #05-6858 City Budget FY 2005-06
Reso. #05-6859 City Fee Schedule FY 2005-06
Non-Agenda Public Comment
Council Minutes: Reg. & Adj . Mtg. 06/14/05 & 06/21/05
Warrants: # 204971-205314; Wire Nos. 3000103 1-30001038:
$4,017,911.24
SE Water Coalition JPA Agreement Amendment
Security Fencing Appropriation, GF $18,000
Appeal CUP #05-40 & ZV #05-41: 8801 Lakewood Blvd.
Gasoline Station/Convenience Market/Take-Out Restaurant
Adopted
Adopted
1
3
4
4
4
4
4
4
Approved
Approved
Approved
Approved
Set Hearing
07/12/05
Update MOU for Taskforce for Regional Auto Theft Prevention Approved
Reso. # 05-6860: Setting Annual Appropriations FY 05-06 Adopted
Reso. #05-6861: Establish water, Sewer AB 939 Rates Adopted
New Park at Former NASA Site; 12400 Clark Ave. Approved
Interim Urgency Ord: re: Bldg 2 Story Single Family Homes Failed
Direst Staff to Prepare Draft Policy for Council Members
Travel Expenses
Council Member Announcements/Requests for Future Agenda Items
5
5
5
5
6
7
8
8
8
Approved
Staff Member Comments
Adjournment
U 1 5 o U -7 MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JUNE 28, 2005
The City Council of the City of Downey held a Regular Meeting at 7:33 p.m., June 28, 2005,
in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California,
Mayor Anne M. Bayer presiding.
PRESENT:Council Members:
Anne M. Bayer
Meredith H. Perkins
Rick Trejo
David R. Gafin
Kirk O. Cartozian
Mayor
Mayor Pro Tem
ALSO PRESENT:Gerald M. Caton, City Manager
Charles S. Vose, City Attorney/Economic Development Director
Kathleen L. Midstokke, City Clerk
Lee Powell, Assistant City Manager
Desi Alvarez, Director of Public Works
John Finch, Chief of Police
Linda Haines, Director of Development Services
Bonnie Kehoe, Director of Community Services
James Makshanoff, Deputy City Manager
John Michicoff, Director of Finance
Mark Sauter. Fire Chief
Angie Avery, Recreation & Social Services Manager
Noreen Kimura, Theatre Supervisor
Sheila Pautsch, Recreation Supervisor
Ed Velasco, Housing Manager
Steven Yee, Principal Planner
Ron Yoshiki, City Planner
Susan Domen, Executive Secretary
PRESENTATIONS:
Mayor Bayer announced the recipient of the Mayor's Award for Service to the City, David
Chavez, Water System Lead Operator, was unable to attend tonight's meeting.
PUBLIC HEARING:
1.PROPOSED CITY BUDGET FOR FISCAL YEAR 2005-2006.
A.ADOPT RESOLUTION NO. 05-6858, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY ADOPTING THE FISCAL YEAR 2005-2006 BUDGET
WITH IMPLEMENTING DOCUMENTS: Administration.
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Mayor Bayer opened the Public Hearing at 7:34 p.m. City Clerk Midstokke affirmed receipt
of the Proof of Publication. It was moved by Mayor Pro Tem Perkins, seconded by Council Member
Trejo and so ordered to receive and file.
Assistant City Manager Powell presented a Power Point presentation noting that the
proposed budget for the 2005-06 Fiscal Year is $126,045,036 which is broken up into three main
parts: the General Fund being 46%, the Special Revenue Funds being 37% and the Enterprise
Funds at 17'7,.
He went on to present the breakdown of the General Fund budget: General Government at
$4,187,504; Police at $24,768,627; Fire at $15,372,397; Public Works at $4,497,240; Community
Services at $6,146,801 ; and the newly formed Development Services at $2,861,331.
The total Budget Revenues are projected as: Property Taxes $17,369,762; Sales Taxes $17,
282,729; Other Taxes $10,775,000; 1nterest and Rent $5,579,048; 1nter-governmental $19,030,513;
Service Fees $19,691,921 ; and Other Revenue $6,912,226.
He highlighted three areas of the budget: the State Budget problems, City revenue changes
and new initiatives.
The State budget problems created a loss in revenue of $1,893,908 in 2003-04; $1,384,262
in 2004-05; and projected $1,384,262 in 2005-06. In 2004-05 the initial operating deficit was
$1,530,000; however, the current projection is only -$24,000. Based on the actual figures now
known to the City, the budget projects this operating deficit for 2005-06 to be $565,000 and therefore
no City tax increase is being proposed.
The City revenue has changed because of the Sales tax triple flip, where the State is now
taking .25% of the 1 % the City receives in Sales Tax and replaces it with other revenue that is
remitted in December and May; the historic Motor vehicle in-lieu fee (VLF) which the State took and
is replaced with property tax revenue equaling approximately $6.2 million; the City’s share of local
property tax increased from 14.5% to 21.8%; and the ground lease income from the former NASA
property will be $780,000.
The Service Fee revenue proposes to increase the Building Permit record keeping fee to
fund a new computerized system; increasing the Recycling/Clean-up fee on water bills by $.50 per
month; and other fees will experience small increases in accordance with the cost of providing the
service
The new initiatives the City is working on are Police staffing increases; the new Development
Services Department; the new park on the former NASA property; the Columbia Learning Center;
Lakewood Boulevard improvements; increasing the after school day care programs; and the
upgrade to the Library computer system.
The distribution of property tax revenue was explained as 37% to the Schools, 34% to the
County, 22% to the City and 7% to others.
There being no one coming forward to speak, it was moved by Mayor Pro Tem Perkins,
seconded by Council Member Trejo and so ordered to close the Public Hearing at 7:45 p.m.
Mayor Pro Tem Perkins noted that he is concerned that the subscription service for
ambulances is still not breaking even. He noted that with the Fire Department down four positions
this is causing more overtime. He requested staff to work out the manning hours to cut
expenditures.
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Council Member Trejo mentioned that he agrees with some of the concerns with the Fire
Department expenditures. He asked Police Chief Finch how the three new positions would be
implemented and he responded that the recruiting abilities need to be enhanced and then it will be
analyzed as to where to best use the new officers in the uniformed patrol division.
Council Member Cartozian stated that he would like a nominal pay increase of 4% - 5% for
five key secretarial positions to be considered. The positions of the Secretary to the City Council,
Secretary to the City Manager, Secretary to the Chief of Police, Secretary to the City Clerk and
Secretary to Economic Development/Development Services/City Attorney are positions that service
the City Council, their own departments and the needs of the community as well.
Mayor Pro Tem Perkins asked what this would add to the budget and was told approximately
$10,000 at the 5% increase.
It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Perkins and
unanimously carried to adopt the budget (Resolution) with the amendment of an additional
$10,000 for pay increases to certain secretarial positions.
RESOLUTION NO. 05-6858, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ADOPTING THE FISCAL YEAR 2005-2006 BUDGET WITH
IMPLEMENTING DOCUMENTS.
Prior to the vote, Mayor Pro Tem Perkins asked how close we are to renegotiating the
contracts with this group of people and could we re-classify them at that time. Assistant City
Manager Powell clarified that three positions: Secretary to the City Manager, Secretary to the City
Council and Secretary to the Chief of Police, are exempt positions and the other two are represented
by the employees association. City Manager Caton stated that the $10,000 could be added to the
budget and there can be meet and confer with the represented positions later.
Council Member Gafin noted he also had concerns with the minimum manning in the Fire
Department and feels it needs to be looked into. He also would like the Finance Department to
report on the basic life transportation subscription rates.
2. CITY FEE RESOLUTION.
A.ADOPT RESOLUTION NO. 05-6859, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY ESTABLISHING A UNIFORM SCHEDULE OF FEES:
Administration.
Mayor Bayer opened the Public Hearing at 8:01 p.m. City Clerk Midstokke affirmed receipt
of the Proof of Publication. It was moved by Mayor Pro Tem Perkins, seconded by Council Member
Trejo and so ordered to receive and file.
Assistant City Manager Powell presented a brief Power Point presentation showing that out
of 595 fees; 58 fees are increasing, nine new fees are proposed, one fee is decreased, one fee is
deleted and the rest will remain the same. 46 of the fees being increased are in the Fire Department
and six are in the Building Department. He went on to say that the fiscal impact would be an
increase in building permit fee of $22,000; building records management fees of $56,000; and Fire
Department fees of $4,000.
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Mayor Pro Tem Perkins asked why so many of the Fire Department fees were being
increased and was told that they are flat rate fees based on the cost to perform the services and with
the increase in labor costs, the fees need to be raised. He then asked why the fireworks stand fee
was increasing from $135 to $180 and stated that this could be a big hit for groups that pour all of
the money back into the community. He requested that it be reduced to $150.
Council Member Cartozian questioned if the building records management fee is a projection
for the next year, or over a greater period of time and was informed that it is an estimate based on
building activity and is for a one year period. He then asked if the planning fee review is being
worked on and was told yes.
There being no one coming forward to speak, it was moved by Mayor Pro Tem Perkins,
seconded by Council Member Cartozian and so ordered to close the Public Hearing at 8:14 p.m.
Mayor Pro Tem Perkins stated he would like to reduce the fees to $150 on the fireworks
stands as the groups have other costs related to the stands such as space rental that can cost in the
thousands of dollars and they pour all of the money back into the community.
It was moved by Mayor Pro Tem Perkins, seconded by Mayor Bayer and unanimously
carried to amend the Fee Schedule by adjusting the fireworks stand fees to $150 and to adopt
the Resolution.
RESOLUTION NO. 05-6859, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DOWNEY ESTABLISHING A UNIFORM SCHEDULE OF FEES.
Prior to the vote, Council Member Gafin inquired as to how many permits are issued for
fireworks stands and was informed that there are eighteen. Mayor Pro Tem Perkins questioned if
there could be up to nineteen stands allowed and was informed by City Manager Caton that he is
correct, but one club dropped out so it is now eighteen.
NON-AGENDA PUBLIC COMMENT: No one came forward to speak.
CONSENT CALENDAR:
It was moved by Council Member Gafin, seconded by Council Member Cartozian and
unanimously carried to approve the Consent Calendar items as recommended:
3.
4.
5.
APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings June 14, 2005;
Adjourned Regular Meeting June 21, 2005: City Clerk.
APPROVED WARRANTS ISSUED: Nos. 204971-205314: Wire Nos. 30001031-30001038:
in the total amount of $4,017,911.24: Finance.
APPROVED AMENDMENT AND COMPLETE RESTATEMENT OF THE SOUTHEAST
WATER COALITION JOINT POWERS AGREEMENT: Public Works.
6.APPROVED APPROPRIATION OF $18,000 FROM GENERAL FUND FOR SECURITY
FENCING: Police.
7.SET PUBLIC HEARING FOR JULY 12, 2005 FOR APPEAL OF THE APPROVAL OF
CONDITIONAL USE PERMIT NO. 05-40 AND ZONE VARIANCE NO. 05-41 RE:
PROPOSED GASOLINE STATION/CONVENIENCE MARKET/TAKE-OUT RESTAURANT
AT 8801 LAKEWOOD BOULEVARD: Development Services.
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Ul[i011
8.APPROVED UPDATE OF MEMORANDUM OF UNDERSTANDING FOR TASKFORCE
FOR REGIONAL AUTO THEFT PREVENTION (TRAP): Police.
9.ADOPTED RESOLUTION NO. 05-6860, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS
LIMIT FOR FISCAL YEAR 2005-2006: Finance.
10.AB 939 RATES THAT APPEAR ON CITY WATER BILL.
A. ADOPTED RESOLUTION NO. 05-6861, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY ESTABLISHING WATER, SEWER, AND AB 939 RATES FOR
THE CITY OF DOWNEY AND REPEALING RESOLUTION NO. 6379: Administration.
ADMINISTRATIVE REPORTS:
11.NEW DOWNEY PARK AT FORMER NASA SITE (12400 CLARK AVENUE).
A. APPROVE CONCEPTUAL DESIGN;
Community Services Director Kehoe presented a Power Point presentation explaining the
history of the property, the process of how the park came about and the design of the park. Tom
Munoz from Nuvis assisted with the presentation.
Mayor Pro Tem Perkins asked how many people the amphitheatre would hold and if it would
be big enough to hold Concerts in the Park, and was informed approximately 200 people could sit on
the seats and with the surrounding area would be big enough. He then inquired why there were two
% court basketball courts instead of one full court and was informed that to make the best use out of
the space in a cost effective manner, two % back-to-back courts were being used.
Council Member Cartozian inquired what the Fitness Wellness stations were and was told
they are strategically placed stopping points with signage to instruct in the next step of the workout.
Christos Smiroynitis asked why there had been no mention of anything for the senior
citizens, but yet there was mentions of playgrounds for the younger kids and was informed that the
amphitheatre, the fitness wellness stations, the ball fields and the soccer fields are designed for use
by all ages.
Lennie Whittington inquired if the Fitness Wellness stations would require personnel or would
they just have signage and was told it would be instructional signage.
Council Member Trejo inquired what type of lighting would be used and was informed that
the lighting will shed light directly onto the ball fields, soccer fields and basketball courts only.
B.APPROVE AGREEMENT WITH NUVIS IN THE AMOUNT OF $325,000 FOR
PREPARATION OF PLANS, SPECIFICATIONS AND COST ESTIMATE:
Community Services.
It was moved be Council Member Cartozian, seconded by Council Member Trejo and
unanimously carried to approve the conceptual design and approve the agreement with Nuvis
in the amount of $325,000 for preparation of plans, specification and cost estimate for the
new park.
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til 5012
12.CONSIDERATION OF ADOPTION OF AN INTERIM URGENCY ORDINANCE RE: THE
BUILDING OF CERTAIN TWO STORY SINGLE FAMILY RESIDENTIAL HOMES IN THE
R-1 ZONES OF THE CITY (REQUIRES 4/5 VOTE).
A.ORDINANCE NO. 05- , AN INTERIM ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY PURSUANT TO GOVERNMENT CODE SECTION 65858
RESTRICTING THE ACCEPTANCE FOR PROCESSING OF CERTAIN
APPLICATIONS FOR BUILDING PERMITS FOR SINGLE FAMILY HOMES AND
DECLARING THE URGENCY THEREOF: Development Services.
City Clerk Midstokke noted that there was a supplemental letter dated June 24, 2005
submitted by a Jack Horvath in support of the moratorium.
Development Services Director Haines presented a staff report stating that the City Council
at their June 14, 2005 meeting had requested staff to prepare an interim Ordinance creating a
moratorium on two-story large single family residences. The purpose of the Ordinance is to provide
the time to address the concerns of separation between structures, parking and how the aesthetics
of the structure blend with the overall appearance of the neighborhood. She continued that this
would affect new applications for these types of dwellings exceeding 50% of the lot size and all
currently accepted applications would be exempt. She stated that if the Ordinance were adopted it
would be in effect for 45 days and a Public Hearing would be scheduled on July 26, 2005 to review
the findings of staff. The Ordinance could be continued up to ten months and fifteen days at that
time
City Attorney Vose clarified that due to the Ordinance being an urgency Ordinance on an
interim basis it would require a vote of 4/5 of the Council and that the maximum time the Ordinance
can go into effect pursuant to State law is for 45 days. During that time the Council would be
required to schedule another Public Hearing at the end of the 45 days and staff would prepare a
report and present it to Council at that hearing. At that time, the moratorium could be extended.
The following persons spoke in favor of adopting the urgency Ordinance:
Christopher Avila (spoke before Closed Session)
Elsa Van Luven Russell Rankin
Alan Lando Didi Young
Donna Kriski Ann Argenian
Ed Swasticki (sp.?) George Redfox
Marta Patel John Lacey
Harold Tskelenis
The following persons spoke in opposition to adopting the urgency Ordinance:
Christos Smyrinotis David Alvarez
Tony Cusamano Greg Caldwell
Henry Hernandez Eddie Lopez
Maria Larkin Carl Chavez
Joe Lopez Art Abarca
Ray Levert Anthony Navarro
Richer LaPorte Raul Navarez
The following persons spoke and did not indicate their support or opposition of the item:
Anna Jo Hayes Doris Sandavol
The meeting recessed at 10:30 p.m.
The meeting reconvened at 10:38 p.m. with all Council Members present.
City Council Minutes 06/28/05 -6-
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Council Member Gafin stated that common sense and balance needed to be used. There
are abuses going on and to prevent any further damage from being done, the moratorium should be
imposed to provide the time to review the situation and determine the best course of action.
It was moved by Council Member Gafin, seconded by Council Member Trejo and failed due
to the lack of 4/5 majority needed, to adopt the Ordinance.
AYES:
NOES:
Gafin, Trejo, Mayor Bayer
Cartozian, Perkins
Prior to the vote. Council Member Cartozian noted that this is a difficult decision and it is hard
to satisfy the needs of the entire community. He feels the moratorium is a little excessive and
offered to sit on a committee to review the codes. He also stated that if there is a moratorium, the
Floor Area Ratio (FAR) should be changed from 50% to 60%. He indicated that building new large
homes helps to bring in better retail and commercial developments.
Council Member Trejo stated that he has respect for both sides of the issue; however, he
feels the moratorium would provide the time to evaluate the issue.
Council Member Perkins noted that everyone has a dream of owning a home and he would
hate to see Downey turn into Orange County with all of the homes looking alike. He said in his
neighborhood only four or five have gone two story and they are not offensive.
OTHER BUSINESS:
13.CONSIDER ESTABLISHING A POLICY FOR COUNCIL MEMBERS’ TRAVEL EXPENSES:
Council Member Gafin.
Council Member Gafin requested that the Council ask staff to propose a draft travel expense
policy for City Council consideration. He stated there are currently no guidelines and a written policy
would prevent misunderstandings. He also mentioned that AB 1234 passed the State Assembly on
April 21 and would require written travel expense policies. He would like the Council to be proactive
and above reproach.
Council Member Cartozian expressed concern over such a policy, stating that the Council
has always been responsible in their spending habits and he would not support any increases to
Council compensation. He noted that in every other City the Council compensation is greater and
they receive more benefits. He also questioned if such a policy would be written for Council, would
one also be written for staff and was told that could be added.
Council Member Trejo noted that he had never seen any abuses by any former or current
Council Members; however, if it would help protect the Council Members in the future from
accusations he would support Council Member Gafin on this issue. He expressed concern that it
would create additional paperwork for the Council Members and was informed that there would be
no additional paperwork.
Mayor Pro Tem Perkins mentioned he had never seen another Council Member abuse their
expenditures and questioned who was the author of the referenced bill and was informed that
Salinas is the author of AB 1234. He mentioned a similar bill was being sponsored by a local
elected official where he was asked to sign a petition that he refused to sign. He stated he has had
many expenses that he has never turned in and you would never find anything wrong on his
account
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Mayor Bayer stated that while she feels no one has violated anything in the past or present, it
is good to have a policy to protect the City from any future transgressions that might occur.
Lennie Whittington, resident of Downey, stated that he was in support of having a policy.
It was moved by Council Member Gafin, seconded by Mayor Bayer and carried by the
following vote to request staff to come back with a proposed policy on Council travel expenses.
AYES: Cartozian, Gafin, Mayor Bayer
NOES: Trejo
ABSTAIN : Perkins
OTHER BUSINESS – Council Member Announcements or Requests for Future Aqenda Items:
Council Member Gafin invited everyone to the Gangs Out of Downey (GOOD) golf
tournament in the morning at the Rio Hondo Golf Course.
Mayor Bayer wished everyone a happy, safe & sane 4th of July holiday.
ADJOURNMENT: 11 :27 p.m.
The meeting adjourned, in memory of Francisco Lara, longtime Downey resident, to
6:30 p.m., July 12, 2005, in the Council Chamber of Downey City Hall.
CEh-hGo;b@ 'Me2d@&
KATHLEEN L. MIDSTOKKE, City Clerk
City Council Minutes 06/28/05