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HomeMy WebLinkAboutMinutes - 02-14-06 - Regjlar MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING FEBRUARY 14, 2006 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:32 p.m., February 14, 2006, in the Counci! Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairman Meredith H. Perkins presiding. PRESENT:Council Members/Commissioners: Meredith H. Perkins Rick Trejo David R. Gafin Kirk O. Cartozian Anne M. Bayer 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 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 Mayor Pro Tem/Vice- Chairman Trejo and unanimously carried (5/0) to approve the Closed Session Minutes of January 24, 2006. RECESS TO CLOSED SESSION Mayor/Chairman Perkins announced the Council/Commission is recessing to Closed Session (6:33 p.m.) to discuss matters under the authority of the following sections of the Government Code: 1 Government Code Section 54956.9(c) – Conference with legal counsel – anticipated litigation. Initiation of litigation – one potential case. 2.Government Code Section 54957 – Public Employee Performance Evaluation – City Attorney. RECONVENED The meeting reconvened in Open Session at 7:30 p.m. with all Council Members/ Commissioners present. There were no Closed Session actions to report. The meeting recessed at 7:30 p.m. City Council/Community Dev. Comm. Minutes (adj.) 02/14/06 -1- The meeting reconvened at 10:56 p.m. with all Council Members/Commissioners present. ADJOURNMENT- 10:56 p.m. g##Z///M,h KATHLEEN L. MIDSTOt<KE, City Clerk/Secretary MEREDITH H. PEkKINS, Mayor/Chairman City Council/Community Dev. Comm. Minutes (adj.) 02/14/06 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING FEBRUARY 14, 2006 TABLE OF MINUTE ACTIONS SUBJECT DMC Amendment # 05-01 re: bulk and mass of single-family Dwellings Non-Agenda Public Comment Council Member Announcements/Request for Future Agenda Items Consent Calendar Items for Removal Council Minutes: Reg. & Adj. Mtg. 01/24/06 Warrants: # 210445-210985; Wire Nos.279-283; 30001159- 30001174; $6,857,217.09 CC #556 – Demo. & Remediation – 9255 Imperial Highway Approved City Yard property acquisition – Union Pacific RR land Approved Appropriate $2,000 to host regional watershed meeting Approved Reso. #06-6900 – Salary adjustments specific employees Adopted Appropriated $16,000 to enclose 3 offices, Planning Division Approved Appropriated $30,352 Edward Byrne Memorial Grant Funds Approved Unscheduled purchase of forklift for $29,000 Approved Reso. #06-6901 – Establish policy for reimbursement of Council Adopted expenses Ord. authorize reimbursement of minimum expenses of Council ACTION Con’t to 03/1 4/06 PAGE NO. 1 4 4 5 5 5 Approved Approved 5 5 5 5 6 6 6 6 6 6 Introduced Adjournment MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING FEBRUARY 14, 2006 The City Council of the City of Downey held a Regular Meeting at 7:34 p.m., February 14, 20061 in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Meredith H. Perkins presiding PRESENT:Council Members: Meredith H. Perkins Rick Trejo David R. Gafin Kirk O. Cartozian Anne M. Bayer 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 Roy Campos, Police Chief Linda Haines, Director of Development Services John Michicoff, Director of Finance Thad Phillips, Acting Community Services Director Mark Sauter, Fire Chief William Davis, Business Development Manager John Godlewski, City Planner Mark Sellheim, Principal Planner Ed Velasco, Housing Manager Susan Domen, Secretary to the City Clerk PRESENTATIONS: None PUBLIC HEARINGS: 1.DOWNEY MUNICIPAL CODE AMENDMENT RELATING TO THE BULK AND MASS OF SINGLE-FAMILY DWELLINGS IN THE SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL ZONES: Development Services. A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE, ARTICLE IX, CHAPTER 1, SECTIONS 9110 AND 9112. TO ADD DEVELOPMENT STANDARDS RELATING TO BULK AND MASS OF DETACHED SINGLE-FAMILY DWELLINGS IN THE R-1 (SINGLE-FAMILY RESIDENTIAL) AND R-2 (TWO-FAMILY RESIDENTIAL) ZONES. Mayor Perkins opened the Public Hearing at 7:34 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Trejo and so ordered to receive and file. City Clerk Midstokke affirmed receipt of correspondence from Albertus Hoogeveen and John Powell. It was moved by Mayor Pro Tem Trejo, seconded by Council Member Gafin and so ordered to receive and file. City Council Minutes 02/1 4/06 -1 - City Consultant, Mark Brodeur, Downtown Solutions, presented a Power Point presentation noting that the City held workshops with the Planning Commission on October 20, 2005, with about 60 citizens present and November 15, 2005, with about 200 citizens present. Notices were hung on residential doorknobs throughout the City before the second workshop. He mentioned that the current Code allows for a building size of 5,000 square feet on a lot size of five thousand square feet, with a Floor Area Ratio (FAR) of 1 .00. He explained that the FAR is determined by dividing the gross floor area of a structure as measured from the outside of the exterior walls (which includes all living spaces, basements, attics and garages), by the gross area of the lot after any dedications. He noted the following were recommended changes that were discussed during the meetings: establish a dual FAR for one and two story homes; set maximum size of second story relative to first story area; reduce building height for smaller lots; make porches, front entryways, and porte-cochere more human-scale (fourteen feet maximum height from curb); prohibit any architectural features, except for eaves, from encroaching into side yard setbacks; increasing setbacks for two story homes and large lots; and, requiring architectural design standards to protect prIvacy The Planning Commission choose not to act on issues of architectural design standards such as: restricting minimum height of window sills to five feet on second floors; installing privacy glass on second floors; planting fast growing landscaping between homes; placing second floor windows at an offset from neighboring homes windows; requiring second floor window panes to be inset a minimum of nine inches from exterior window pane; limiting length of curb-cuts for driveways, barring on-street parking during early morning hours; and prohibiting two-story construction in single story neighborhoods. =H Mr. Brodeur continued stating that the Planning Commission determined that the following items best reflected the goals and objectives of the study and deserve further consideration: establish a dual FAR that allows a single-family home to have a greater FAR than a two-story home; remove the maximum lot coverage requirement; restrict the second floor area to a percentage of the first floor and limit how much of the second floor can be situated on the front half of the first floor footprint; reduce the maximum height to twenty-eight feet in the R-1 5,000 through R-1 8,500 zones; limit the height of covered porches and covered entryways, and the distance between the ceiling of the porch roof or entryway cover and the floor below; prohibit all architectural features, except eaves, from encroaching into side yard setbacks; maintain the current minirnurn setbacks for single- story homes, while increasing the side yard setbacks for new two-story homes; increase the side yard setback on lots over 15,000 square feet; require a third covered parking space, within a garage, for homes with more than four bedrooms; require an additional covered parking space for each set of two additional bedrooms; and, exempting basements and garages from FAR requirements. Linda Haines, Director of Development Services, clarified what the recommended changes to square footage would be using the new FARs and gave an example of the dual FAR at .60 on a typical 5,000 square foot lot in the R-1 5,000 zone would result with 3,024 square feet of buildable area for a one story home. She noted that the Zoning Code provides that if a non-conforming structure is destroyed by any means to more than fifty percent (50%) of its replacement value, it shall not be reconstructed unless it conforms with the current Code requirements. Council Member Gafin asked when the third covered parking area would be required and was informed that it would be required on any home that has more than four bedrooms. Council Member Cartozian inquired whether the idea of eighty percent (80%) of a neighborhood being single story was being recommended and was informed that the Planning Commission had determined not to recommend it. He also asked for confirmation that the non- conforming use issue is not part of what is being proposed and was told by Director Haines that it would be addressed at a later time. City Council Minutes 02/14/06 -2- Mayor Perkins gave Mr. Brodeur two sample properties and asked him to figure out the setbacks and size of home that could be built on them if the new regulations were adopted. Council Member Cartozian asked if an FAR averaging had ever been discussed and was informed that it had not and would not be feasible. Council Member Gafin shared concerns that the Ordinance does not differentiate between new or remodeled homes on the side yard setbacks and does not define a remodel. The following persons spoke regarding the introduction of the Ordinance: Don Nieman Sergio Esteves Charles Frye George Redfox Harold Tsklenis Richart LaPort John Hayes Deedee Young Keith McCarthy Sydney Lubec Art Abarca Greg Caldwell Jim Roberts Carl Chavez Jim Rue Richard Sterling Debra Wright John Powell Robert McConnell John Lacy Miguel Rodriguez Marina Martin Russell Rankin Manny Munoz Mayor Perkins thanked the audience for their comments and courtesy towards one another. It was moved by Council Member Cartozian, seconded by Council Member Gafin and so ordered to close the Public Hearing, the time being 9:30 p.m. Mayor Perkins called for a short recess and the meeting recessed at 9:30 p.m. The meeting reconvened at 9:37 p.m. Council Member Bayer thanked everyone for attending and speaking tonight. She also introduced Planning Commissioner Lambros in attendance tonight. She noted that some additional items need to be added to the proposed Ordinance Mayor Pro Tem Trejo stated his support of putting together a citizens/staff committee to work out some of the issues that still need to be addressed and noted that he feels privacy is a big concern Council Member Cartozian mentioned that he believes that the look of large homes can be overcome with good design and he feels that the proposed FARs are too restrictive and there needs to be a better balance. He noted his support of a citizen’s review committee and that he would consider eliminating overnight parking. Council Member Gafin stated that he is for controlled growth and noted his concerns include: when does a remodel becomes new construction; draft language for the homes that would become non-conforming so they are grandfathered; Section Five, subsection (1 ) – Porch height, noted that the Planning Commission voted to delete this section and he concurs; backyards for single story homes should not be made less deep as this creates safety concerns for families and children; FAR at .52 needs to be analyzed further; second story additions being recessed back needs to be reconsidered; and, he agrees that the design guidelines are a good idea and should be implemented in Phase Two. Mayor Perkins explained that the City Council can set the time as to when an Ordinance takes effect, however, normally it is thirty days from the date of adoption. He also explained that basements and garages are exempt from the FAR. City Council Minutes 02/14/06 -3- Mayor Perkins asked consultant Brodeur if he could respond to the earlier questions regarding the specific properties. Mr. Brodeur explained that the homes would be 1,000 square feet or more smaller than what they are currently built and would have increased side yard setbacks of five feet each. Mayor Perkins mentioned he would support having two story homes go to Design Review Board and that tandem parking had worked in other cities. He suggested that this be returned to staff for further recommendations. City Manager Caton suggested that the Council review the items individually and get concurrence. The following nine points were agreed upon to return to staff for further recommendation : 1 2 3 4 5 6. 7 8 9. Clarify construction vs. remodel in regards to side yard setbacks and stories; Non-conforming – draft grandfather clause for existing footprint of homes; Proposed Section Five, delete subsection (i) re: height of porches, etc.; Proposed Section Eight, delete subsection (i) re: smaller backyards for single-story; FAR at .52 needs to be studied further: Garages or space for required parking exempted from FAR? Study driveway parking spaces Revisit some type of front setback for second stories; After Code amendments, design review addressed; Second stories receive design review; FAR above certain point would trigger design revIew It was moved by Council Member Cartozian, seconded by Council Member Bayer and unanimously carried to reopen the Public Hearing and continue it to March 14, 2006. NON-AGENDA PUBLIC COMMENT: Russell Rankin, citizen of Downey, indicated that Elsa Van Leuven was not present tonight due to being ill with pneumonia. OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items: Council Member Cartozian noted that it is very difficult for cities to be vigilant regarding the licensing of general contractors and noted that the Housing Division recently had a call for licensed contractors to apply for housing rehabilitation projects; welcomed the new City Planner John Godlewski; announced that he had recently spoke at a Project Area Committee meeting regarding mixed use with residential in downtown Downey; and expressed his disappointment at the recent criminal sentencing of a sexual offender. Council Member Bayer announced a Downey Chamber of Commerce mixer on Wednesday at 5:30 p.m. at Downey Federal Credit Union; and thanked staff for the good work on the residential bulk/mass issue. Mayor Perkins commended the audience and public speakers this evening on how they conducted themselves in such a courteous manner. City Council Minutes 02/1 4/06 -4- CONSENT CALENDAR – ITEMS FOR REMOVAL: 8.CONSIDERATION OF EXPENSE REIMBURSEMENT POLICY FOR CITY OFFICIALS: City Attorney. A. ADOPT RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A WRITTEN POLICY FOR THE REIMBURSEMENT OF CERTAIN EXPENSES OF THE CITY COUNCIL MEMBERS AND CITY COUNCIL APPOINTED COMMISSIONERS; B. INTRODUCE ORDINANCE NO. 06- . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE REIMBURSEMENT OF CERTAIN MINIMUM EXPENSES INCURRED BY EACH MEMBER OF THE CITY COUNCIL AND SUPERSEDING ORDINANCE NO. 858. This item was removed at the request of Lennie Whittington, resident of Downey, and is listed under Other Business below. CONSENT CALENDAR: It was moved by Mayor Pro Tem Trejo, seconded by Council Member Cartozian and unanimously carried to approve the remainder of the Consent Calendar items as recommended: 2.APPROVED COUNCIL MINUTES: Adjourned and Regular Meetings January 24, 2006: City Clerk. 3.APPROVED WARRANTS ISSUED: Nos. 210445-210985; Wire Nos. 279-283: 30001159- 30001174; in the total amount of $ 6,857,217.09: Finance. 4.CASH CONTRACT NO. 656 – DEMOLITION, ABATEMENT AND REMEDIATION WORK AT 9255 IMPERIAL HIGHWAY, FORMERLY KNOWN AS SPARTAN LACQUER: Public Works A. ACCEPTED THE WORK PERFORMED; B. APPROVED PLANS, SPECIFICATIONS AND GRANTED AUTHORITY TO ADVERTISE FOR BIDS ON PHASE 2, UNDERGROUND STORAGE TANKS REMOVAL. 5.CITY YARD PROPERTY ACQUISITION – UNION PACIFIC RAILROAD LAND NEAR THE INTERSECTION OF WOODRUFF AVENUE AND STEWART AND GRAY ROAD: Public Works A. APPROVED AN AGREEMENT TO PURCHASE 60,321 SQUARE FEET OF REAL PROPERTY FOR AN ESTIMATED AMOUNT OF $520,390; B. APPROPRIATED $555,000 1N PROP A FUNDS FOR LAND ACQUISITION AND RELATED COSTS. 6.APPROVED APPROPRIATION OF $2,000 TO HOST A REGIONAL WATERSHED INFORMATIONAL MEETING: Administration. 7.ADOPTED RESOLUTION NO. 06-6900, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING SPECIAL SALARY ADJUSTMENTS TO SPECIFIED EMPLOYEES: Administration. City Council Minutes 02/14/06 -5- 9.APPROPRIATED $16,000 TO ENCLOSE THREE OFFICES IN THE PLANNING DIVISION: Development Services. 10.APPROPRIATED $30,352 1N EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS FOR FISCAL YEARS 2005-06 AND 2006-07: Police. 11.AUTHORIZED UNSCHEDULED PURCHASE OF A FORKLIFT FOR $29,000 AND TRANSFERRED $12,734 FROM THE WATER FUND; Public Works. ADMINISTRATIVE REPORTS: None OTHER BUSINESS: CONSENT CALENDER – ITEMS REMOVED BY COUNCIL APPROVAL: 8.CONSIDERATION OF EXPENSE REIMBURSEMENT POLICY FOR CITY OFFICIALS: City Attorney. A. ADOPTED RESOLUTION NO. 06-6901, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A WRITTEN POLICY FOR THE REIMBURSEMENT OF CERTAIN EXPENSES OF THE CITY COUNCIL MEMBERS AND CITY COUNCIL APPOINTED COMMISSIONERS; B. INTRODUCED ORDINANCE NO. 06- . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE REIMBURSEMENT OF CERTAIN MINIMUM EXPENSES INCURRED BY EACH MEMBER OF THE CITY COUNCIL AND SUPERSEDING ORDINANCE NO. 858. Lennie Whittington, resident of Downey, stated he had read the staff report and noted that he had been following the legislation as it went through the process of becoming law. He reminded Council Members planning to attend the upcoming meeting in Santa Barbara that they would need to report it at the next Council meeting. It was moved by Council Member Cartozian, seconded by Council Member Gafin and unanimously carried to adopt the Resolution and introduce the Ordinance. STAFF COMMENTS: None ADJOURNMENT: 10:56 p.m. The meeting adjourned in memory of Gordon Sodetani, husband of Downey Unified School District Board Member Martha Sodetani, father of Kim Rapp, Secretary to the City Attorney/Development Services and City of Downey 2005 Parent of the Year; Bing Yee, father of Economic Development Manager Steven Yee; and Charlotte Palen, mother of Senior Librarian Jan Palen, to 6:30 p.m., February 28, 2006. KATHLEEN L. MIDSTCt<KE, City Clerk MEREDITH H. PERKINS, mor City Council Minutes 02/14/06 -6-