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Home My WebLink AboutMinutes - 08-23-05 - Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING AUGUST 23, 2005 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Presentations Reso. #05-6872 Self-Certifying Conformance w/MTA Cong. Mgmt. Adopted Ord. re: DMC Amendment, Nonconforming Conditions, Introduced Acquisitions for Public Use Non-Agenda Public Comment Council Minutes: Reg. & Adj. Mtg. 08/09/05 Warrants: # 206304-206680 Wire Nos. 257-263. 30001063- 30001070:$6,181 , 189.12 Approp. $12,000 State Grant Funds for Columbus Sports Field Public Hearing ZC #05-59 10723-10751 Lakewood Blvd. 1 2 3 3 3 3 3 3 4 4 4 4 Approved Approved Approved Set for 09/1 3/05 Public Hearing ZC#05-61 13238-13260 Cabell Avenue and 9815-9849 Foster Road Set for 09/13/05 Mansionization Subcommittee Update Council Member Announcements/Requests for Future Agenda Items Staff Comments Adjournment MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING AUGUST 23, 2005 The City Council of the City of Downey held a Regular Meeting at 7:34 p.m., August 23, 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 Joyce E. Doyle, Chief Deputy City Clerk Desi Alvarez. Director of Public Works Linda Haines, Director of Development Services Bonnie Kehoe, Director of Community Services John Michicoff, Director of Finance Mark Sauter, Fire Chief Ron LeVar, Building Official Mike Miller, Police Captain Mark Sellheim, Principal Planner Susan Domen, Secretary to the City Clerk PRESENTATIONS: Mayor Bayer presented the Mayor’s Award for Service to the City to Forrest Barnett, Senior Building Inspector. PUBLIC HEARING: 1.CONFORMANCE WITH MTA CONGESTION MANAGEMENT PROGRAM: Development Services A.ADOPT RESOLUTION NO. 05-6872, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. Mayor Bayer opened the Public Hearing at 7:36 p.m. Chief Deputy City Clerk Doyle 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. City Council Minutes 08/23/05 -1- Principal Planner Sellheim presented a staff report explaining that the Metropolitan Transportation Authority’s (MTA) 2004 Congestion Management Program (CMP) mandates the City to adopt a Resolution of Conformance. MTA estimates the City’s allocation for the 2005-06 Fiscal Year to be approximately $683,000. He continued noting there are four elements that comprise the CMP: 1 ) the Local Implementation Report, 2) the City’s Transportation Demand Management (TDM) Ordinance, 3) the City’s Land Use Analysis Program and 4) implementing the CMP Highway Monitoring requirement. Conformance with the CMP assures the continued flow of Downey’s allocation of Proposition 111 gas tax monies and will preserve the City’s eligibility to receive funding for State and Federal transportation projects. 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 7:39 p.m. There being no Council discussion, it was moved by Council Member Cartozian, seconded by Council Member Gafin and unanimously carried to adopt the Resolution. RESOLUTION NO. 05-6872 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT. IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. 2.PROPOSED MUNICIPAL CODE AMENDMENT RELATING TO NONCONFORMING CONDITIONS RESULTING FROM ACQUISITIONS FOR PUBLIC USE (CODE AMENDMENT NO. 05-94): Public Works. A.INTRODUCE ORDINANCE NO. 05- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 9154 OF THE DOWNEY MUNICIPAL CODE RELATING TO NONCONFORMING USES, LOTS AND STRUCTURES; B.CERTIFY NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS. Mayor Bayer opened the Public Hearing at 7:40 p.m. Chief Deputy City Clerk Doyle affirmed receipt of the Proof of Publication. It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Perkins and so ordered to receive and file. Public Works Director Alvarez gave a brief staff report stating that this Ordinance would protect the rights of property owners affected by the City acquiring land for public use, whereby a nonconforming condition is created. He cited the Lakewood Bou\evard project as an example of the need for this amendment. This Ordinance will remove the need for approval of variances on a case by case basis and recognize the adversely impacted properties and protect their rights. He concluded that this is consistent with Downey Vision 2025, the City’s recently adopted General Plan. 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 7:44 p.m. There being no Council discussion, it was moved by Mayor Pro Tem Perkins, seconded by Council Member Cartozian and unanimously carried to introduce the Ordinance amending Section 9154 of the Downey Municipal Code and to certify a negative declaration of environmental impacts. City Council Minutes 08/23/05 -2- ORDINANCE NO. 05- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 9154 OF THE DOWNEY MUNICIPAL CODE RELATING TO NONCONFORMING USES, LOTS AND STRUCTURES. NON-AGENDA PUBLIC COMMENT: The following persons spoke re: the building of large homes in single family residential areas (mansionization) requesting the City to take some action: Elsa Van Leuven Diane Hunt Norma Coss Russell Rankin Harold Tseklenis Mark Neihouse (sp.?) Richard Sterling Eric Schurid (sp.?) Betty Logan The following persons spoke re: they see no problems with the large family homes: Maria Larkin Tony Rovello (sp.?) Joseph Fiero (sp.?) Janae Lolly Eduardo Cerda (sp.?) Art Abarca (sp.?) Able Hernandez (sp.?) George Gomez. Sal, resident of Downey, expressed appreciation for Council Member Cartozian’s representation in the City. Lennie Whittington, resident of Downey, submitted a letter and copy of hotel bill for Council Member Cartozian and spoke regarding the telephone charges and the need for reconsideration of some new rules. John Lacey, resident of Downey, complimented staff on the new left-turn signals installed throughout the City. Robert Goldstein, resident of Downey, requested that traffic conditions in the shopping center on Gallatin Road and Lakewood Boulevard be addressed. CONSENT CALENDAR: It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Perkins and unanimously carried to approve the Consent Calendar items as recommended: 3.APPROVED COUNCIL MINUTES: Adjourned and Regular Meetings August 9, 2005: City Clerk 4.APPROVED WARRANTS ISSUED: Nos. 206304-206680; Wire Nos. 257-263; 30001063- 30001070; in the total amount of $6,181,189.12: Finance. 5.APPROPRIATED $12,000 OF STATE CARRY FORWARD GRANT FUNDS FOR COLUMBUS SPORTS FIELD: Administration. 6.SET PUBLIC HEARING FOR SEPTEMBER 13, 2005 FOR ZONE CHANGE NO. 05-59, A CHANGE OF ZONE FROM R-3 TO C-P ON PROPERTIES LOCATED AT 10723-10751 LAKEWOOD BOULEVARD: Development Services. 7.SET PUBLIC HEARING FOR SEPTEMBER 13, 2005 FOR ZONE CHANGE NO. 05-61, A CHANGE OF ZONE FROM R-1 – 5,000 TO R-2 FOR PROPERTIES AT 13238-13260 CABELL AVENUE AND 9815-9849 FOSTER ROAD: Development Services. City Council Minutes 08/23/05 -3- OTHER BUSINESS: MANSIONIZATION SUBCOMM11-FEE UPDATE: Council Members Cartozian and Gafin gave a brief report stating that the item will be placed on September 13, 2005 Agenda for a status report by staff and requested if a draft Ordinance cannot be introduced at the December 13, 2005, Council Meeting, that consideration be given to creating a non-emergency moratorium in it’s place. OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items: Council Member Trejo requested that staff work with Embassy Suites Hotel to repair the reader board. Council Member Cartozian thanked Public Works Director Alvarez and Deputy Public Works Director La for a recent tour of the City that included the Lakewood Boulevard project and Downey Landing; and mentioned receiving a letter from Downey Studios praising the Public Works Department staff. Mayor Pro Tem Perkins announced he would be attending the wedding of former Council Member Bob Winningham's daughter, the baptism of his granddaughter, and celebrating his grandson’s fifth birthday. He mentioned that his office at City Hall is always open to discuss issues with citizens; requested patience during the repaving and undergrounding of utilities along Lakewood and Firestone Boulevards; and noted Building Official LeVar and Fire Chief Sauter were praised at a recent Hospital Board Meeting. Mayor Bayer thanked the people who spoke tonight, noting it is difficult for first time speakers; and mentioned Emergency Response Team (CERT) classes will be starting up September 10th and the Fire Department can be contacted for more information. STAFF COMMENTS: City Attorney/Economic Development Director Vose announced that the Council had approved, subject to final negotiations, in a Closed Session held on July 12, 2005, a Purchase Agreement for the City to buy real property at 9255 Imperial Highway, commonly known as Spartan Lacquer. He stated the item is now finalized. City Manager Caton noted that it is always nice to see the public in attendance and democracy in progress; stated that the Lakewood Boulevard and Firestone Boulevard paving, undergrounding utilities and widening project is the largest Public Works project in the history of the City and requests everyone’s patience until completed; mentioned that Bests Buy and Staples will be opening in late September at the Downey Landing retail center; and announced that Disney is filming a major movie at Downey Studios. ADJOURNMENT: 9:14 p.m. The meeting adjourned in memory of Josh Copeland, Downey resident and recent graduate of Griffiths Middle School; and Helen Boggs, former Parks and Recreation employee and longtime Downey resident, to 6:30 p.m., September 13, 2005, in the Council Chamber of Downey City Hall. ; a eLk (/ ) k City Council Minutes 08/23/05 -4-