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HomeMy WebLinkAboutMinutes - 08-09-05 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING AUGUST 9, 2005 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:33 p.m., August 9, 2005, in the Council Chamberof 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 Mayor/Chairman Mayor Pro Tem/Vice-Chairman (arrived 6:38 p.m.) Rick Trejo David R. Gafin Kirk O. Cartozian ALSO PRESENT:Lee Powell, Acting City Manager/Executive Director Edward Lee, Acting City Attorney Desi Alvarez, Director of Public Works James Makshanoff, Deputy City Manager Kathleen L. Midstokke, City Clerk/Secretary 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 Trejo and unanimously carried (4/0) to approve the Closed Session Minutes of July 26, 2005. RECESS TO CLOSED SESSION Mayor/Chairman Bayer announced the Council/Commission is ncessing to Closed Session (6:34 p.m. ) to discuss matters under the authority of the following sections of the Government Code: 1 2. 3. Government Code Section 54957 – Public Employee Performance Evaluation – City Clerk. Government Code Section 54957.6 – Conference with labor negotiator Lee Powell re: direction for labor negotiations with Police Officers’ Assn. and Police Management Assn. Government Code Section 54956.9(b) – Conference with legal counsel – anticipated litigation. SignifIcant exposure to litigation – one potential case. RECONVENED The meeting reconvened in Open Session at 7:30 p.m. Wth all Council Members/ CommissiOners present. There were no Closed Session actions to report. City Council/Community Dev. Comm. Minutes (adj.) 08/09/05 -1 - The meeting recessed at 7:30 p.m. The meeting reconvened at 9:55 p.m. Wth all Council Members/Commissioners present. ADJOURNMENT: 9:55 p.m. cS),,. L. MIDSTOKKE, City Clerk/Secretary a \h City Council/Community Dev. Comm. Minutes (adj.) 08/09/05 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING AUGUST 9, 2005 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Presentations Reso. #05-6869, Deny Appeal, Deny ZV 05-56 Oversized Driveway, 12142 Dunrobin Ave. Non-Agenda Public Comment Council Minutes: Reg. & Adj. Mg. 07/26/05 Warrants: # 206011-206303 Wire Nos. 254-256, 30001055- 30001062:$7,781 ,937.46 Appropriate $25,000, Gas Tax Fund, Gateway Cities 1-710 Study Approved Appropriate $13,000, Replace Irrigation Comp. Rio Hondo Golf Approved Pub. Hrg. Self-Certifying Conformance w/MTA Cong. Mgmt. 08/23/05 Pub. Hrg. DMC Amendment, Nonconforming Conditions, 08/23/05 Acquisitions for Public Use Adopted 1 3 4 4 4 4 4 4 4 Approved Approved Agreement w/LA Flood Control Dist., Rio San Gabriel & Rio Hondo Spreading Grounds Amend Agreement w/DMR Team, Inc., On<)all Insp. Srvcs. Reso. #05-6870. Final Subdivision TM #60099. 12002-1 2012 Downey Ave. Reso. #05-6871, Declare Intent to Grant Oil Franchise, BP West Adopted Coast Products, LLC Pub. Hrg. to Consider Objection, Granting Oil Franchise Council Member Announcements/Requests for Future Agenda Items Approved Approved Adopted 4 4 4 5 5 5 09/1 3/05 Adjournment MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING AUGUST 9, 2005 The City Council of the City of Downey held a Regular Meeting at 7:34 p.m., August 91 20051 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:Lee Powell, Acting City Manager Edward Lee, Acting City Attorney Kathleen L. Midstokke, City Clerk James Makshanoff, Deputy 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 John Michicoff, Director of Finance Sung Hyun, Finance Manager Ron LeVar, Building Official Dave Simmons, Assistant Fire Chief/Marshal Ron Yoshiki, City Planner Susan Domen, Executive Secretary PRESENTATIONS: Mayor Bayer presented a Certificate of Achievement to Sung Hyun, Finance Manager, for outstanding Financial Reporting. PUBLIC HEARING: 1.APPEAL OF DENIAL OF ZONE VARIANCE NO. 05-56 FOR OVERSIZED DRIVEWAY AT 12142 DUNROBIN AVENUE (APPELLANT: RICHARD NELSON) (Continued from July 12, 2005): Development Services. Mayor Bayer opened the Public Hearing at 7:36 p.m. City Clerk Midstokke noted there was correspondence received from Mr. Nelson dated August 5, 2005. It was moved by Council Member Trejo, seconded by Council Member Gafin and so ordered to receive and file. City Planner Yoshiki gave a Power Point presentation stating that the property in question is zoned R-1 5,000, noting this in an appeal of the denial of a zone variance regarding an oversized driveway and excessive pavement. He explained that the concerns for this property are excessive pavement, conflict with the general plan in regards to maintenance and aesthetics of single family neighborhoods and the setting precedence. City Council Minutes 08/09/05 -1- Council Member Cartozian inquired how the City obtained the knowledge that this was done without permits and Mr. Yoshiki responded that it was Code Enforcement related. Richard Nelson, appellant, explained that these homes were built in the early 1950's when one car per family was the norm. Today, however, there are generally two or more drivers and cars in a household. He stated that he had a time constraint to fix the driveway, as it was asphalt and cracked which posed dangerous conditions. He decided to alleviate the parking issue at the same time by widening the driveway and didn’t know the code requirements. Mr. Nelson noted that all but nine (9) of the one hundred twenty-six (126) homes in the neighborhood had altered their driveways and/or garages. He feels that this is an improvement to the home and a solution to alleviate the parking issues in the neighborhood. He would like to separate the variance request into two, one for the sidewalk area and one for the driveway. Mr. Nelson presented a packet to the Council which included photographs and a petition signed by neighbors. He also showed a slideshow and video of the neighborhood highlighting parking issues and other homes that had altered their driveways and/or garages. The following residents spoke in favor of the appeal, stating that the driveway is an improvement to the neighborhood: Betty Masaykis (sp.?)Salvadore Guzman Jennifer Black Richard Nelson, appellant, concluded by requesting that the Council use reason in deciding this matter, that the driveway is needed and improves the property which is part of his retirement plan I =n= It was moved by Mayor Pro Tem Perkins, seconded by Council Member Trejo and so ordered to close the Public Hearing at 8:26 p.m. Council Member Cartozian requested Mr. Nelson to clarify statements made in his letter regarding misinformation provided at the Planning Commission and if the other homes shown were issued permits. Mr. Nelson stated that he did not feel it was a Code Enforcement issue, should not have been stated as such and he was not sure if the homes had received permits. Council Member Cartozian noted that although the rest of the properties might be out of compliance with the code, the City must remain consistent with the code and enforcing it. He stated that ninety-five percent (95%) of Code Enforcement issues were reported by neighbors. Mr. Nelson stated that since there is nothing in the code regulating one car garages, there can be no violation. Council Member Gafin stated that the appellant is in violation of the code as written; however, there seems to be a problem with the code. He suggested that this case be put on hold until the code is reviewed. Council Member Trejo noted he agrees with Council Member Gafin’s statements that there is a tremendous parking problem and something needs to be done to address the situation. Mayor Pro Tem Perkins inquired if the contractor had told him that he would need a permit and if he had a contractor’s license. Mr. Nelson responded that the person doing the work was only a handyman and that he knew he would get caught because of the construction going on next door. Mayor Pro Tem Perkins concluded that only this case is being reviewed tonight and that the rules had been broken. Council Member Cartozian noted that everyone agrees there is a parking problem in this area, however, it is the Council’s duty to oversee the rules and codes of Downey and that he does not agree that you fight a problem in the code by violations. City Council Minutes 08/09/05 -2- Council Member Trejo stated that the contractor had done a disservice, that this was a violation of the permit process and that there is a lot of this type of work being done on weekends so no one gets caught. Acting City Attorney Lee noted that based upon staff’s recommendation, there is a violation of the code and clarified that although the Council could address the issue before them, they could not postpone acting on this case projecting an outcome of an item that is not before them. It was moved by Council Member Cartozian, seconded by Mayor Bayer and carried by the following vote to adopt the Resolution and deny the appeal. AYES: NOES: Cartozian, Perkins, Trejo, Mayor Bayer Gafin RESOLUTION NO. 05-6869 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND DENYING ZONE VARIANCE NO. 05-56 TO SECTION 9150.08(d)(3) OF THE DOWNEY MUNICIPAL CODE TO RETAIN AN OVERSIZED DRIVEWAY, AND PERMIT EXCESSIVE PAVING IN THE FRONT YARD, ON PROPERTY LOCATED AT 12142 DUNROBIN AVENUE, ZONED SINGLE – FAMILY RESIDENTIAL (R-1 5,000). Prior to the vote, Council Member Gafin requested the maker of the motion to amend the motion to state that this case be tabled until the code can be reviewed. Acting City Attorney Lee explained that the only way to accomplish this was to direct Code Enforcement not to take action at this time, but they could not hold the issue presuming that the code would be changed. Council Member Cartozian stated he would not amend the motion, will follow legal counsel’s advice and address the case pending before the Council. NON-AGENDA PUBLIC COMMENT: Robert Roller, resident of Downey, inquired re: single car garages not being able to be rebuilt and being insured; and whether advertising a bedroom for rent is legal. Maria Larkin, resident of Downey, questioned the comments re: single car garages not being able to be rebuilt and their nonconformity. Lennie Whittington, resident of Downey, spoke re: a recent shopping center convention in Las Vegas and the room charges for Council Member Cartozian compared to that of a staff member; and that he feels there should be a written policy for travel expenses. Bob Goldstein, resident of Downey, asked a procedural question and whether he could cede his time to someone else and was told no. Harold Tseklenis, resident of Downey, requested regular reports on the progress of the study of the large homes in single family residential areas (mansionization). The following people spoke re: the building of large homes in single family residential areas (mansionization): City Council Minutes 08/09/05 -3- Gene Stowers (submitted article re: Los Angeles City Council controlling large homes in Sunland Tujunga area); Eller Lanno (sp.?); Elsa Van Leuven; Don Neiman (submitted pictures of a new large home at 9365 Gallatin Road); Doreen Wong; and Shirley McConnell. CONSENT CALENDAR: It was moved by Council Member Cartozian, seconded by Council Member Gafin and unanimously carried to approve the Consent Calendar items as recommended: 2.APPROVED COUNCIL MINUTES: Adjourned and Regular Meetings July 26, 2005: City Clerk 3.APPROVED WARRANTS ISSUED: Nos. 206011-206303; Wire Nos. 254-256: 30001055- 30001062; in the total amount of $7,781,937.46: Finance. 4.APPROVED APPROPRIATION OF $25,000 FROM THE GAS TAX FUND FOR THE GATEWAY CITIES 1-710 MAJOR CORRIDOR STUDY: Administration. 5.APPROVED APPROPRIATION OF $13,000 FOR REPLACEMENT OF THE IRRIGATION COMPUTER SYSTEM AT RIO HONDO GOLF COURSE: Community Services. 6.SET PUBLIC HEARING FOR AUGUST 23, 2005 TO CONSIDER ADOPTION OF A RESOLUTION SELF-CERTIFYING THAT THE CITY IS CONFORMING WITH METROPOLITAN TRANSPORTATION AUTHORITY’S CONGESTION MANAGEMENT PROGRAM: Development Services.I 7.SET PUBLIC HEARING FOR AUGUST 23, 2005 FOR A PROPOSED MUNICIPAL CODE AMENDMENT RELATING TO NONCONFORMING CONDITIONS RESULTING FROM ACQUISITIONS FOR PUBLIC USE: Development Services. 8.APPROVED AGREEMENT WITH LOS ANGELES FLOOD CONTROL DISTRICT FOR USE OF THE RIO SAN GABRIEL AND RIO HONDO SPREADING GROUNDS: Public Works. 9.APPROVED TWO YEAR AMENDMENT TO AGREEMENT FOR ON-CALL CONSTRUCTION INSPECTION SERVICES WITH DMR TEAM, INC.: Public Works. 10.ADOPTED RESOLUTION NO. 05-6870. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP NO. 60099 (12002-12012 DOWNEY AVENUE) BY APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING AN IRREVOCABLE LEl-FER OF CREDIT AS SURETY: Public Works 11.RENEWAL OF OIL FRANCHISE AGREEMENT WITH BP WEST COAST PRODUCTS. LLC: Public Works. A.ADOPTED RESOLUTION NO. 05-6871, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO GRANT AN OIL PIPELINE FRANCHISE TO BP WEST COAST PRODUCTS. LLC., AND SETTING FORTH THE NOTICE OF THE TIME AND DATE FOR HEARING ANY OBJECTIONS THERETO. B.SET A PUBLIC HEARING FOR SEPTEMBER 13, 2005 TO CONSIDER ANY OBJECTIONS AND GRANTING SUCH FRANCHISE. City Council Minutes 08/09/05 -4- OTHER BUSINESS – Council Member Announcements or Requests for Future Aqenda Items: Council Member Trejo announced an upcoming reunion of Marine Corp Battalions just returning from Iraq on Saturday August 13 at the Mambo Grill at 5:00 p.m. and thinks a Council representative should attend; requested that the next City Council Meeting be adjourned in memory of Josh Copeland, a graduate of Griffiths School who recently passed away from leukemia; and noted that it is the City Council’s job to address code violations and protect and hear the voices of the residents. Council Member Cartozian responded to comments made by Lennie Whittington regarding his attendance at the recent International Council of Shopping Centers conference noting that his hotel reservation was made too late to get the discount rate, and that taxpayer money is being wasted by filing unproven claims with the District Attorney’s office which have been dismissed. Council Member Gafin congratulated Finance Director Michicoff on the financial awards presented tonight; gave a report on the subcommittee on mansionization activities and requested staff to report back on their progress and look into scheduling a few town hall meetings before the recommendations go to the Planning Commission; requested an analysis of code changes relative to one car garages and two car driveways; recognized Chamber of Commerce President Steve Hoffman in the audience; noted that the Chamber of Commerce golf tournament yesterday went very well; and reported that he had recently attended a three day conference in Monterey hosted by League of California Cities for Mayors and Council Members. Mayor Pro Tem Perkins reported that he was a guest speaker at a recent meeting of the American Businesswomen Association at the Rio Hondo Clubhouse. Mayor Bayer recognized Fay Campbell in the audience, who is her appointee to the Water Facilities Corporation; announced that Citizens for Downey will be meeting tomorrow morning at the Rio Hondo Clubhouse with Carol Rowland of Keep Downey Beautiful as guest speaker; and announced that there are only three more Concerts in the Park at Furman Park on Wednesday evenings and encouraged attendees to buy food which is a fund raiser for the Downey Rose Float Association . ADJOURNMENT: 9:55 p.m. The meeting adjourned to 6:30 p.m., August 23, 2005, in the Council Chamber of Downey City Hall. LA- mSTOKKE, City Clerk rNirM BAYER City Council Minutes 08/09/05