HomeMy WebLinkAboutMinutes - 01-27-09 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
JANUARY 27, 2009
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:32 p.m., January 27, 2009, in the Council Chamber of the Downey
City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairperson Mario A. Guerra
presiding
PRESENT:Council Members/Commissioners:
Mario A. Guerra
Anne M. Bayer
Luis H. Marquez
Roger C. Brossmer
David R. Gafin
Mayor
Mayor Pro Tem
ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director
Lee Powell, Assistant City Manager/Executive Director
Edward W. Lee, City Attorney/Agency Counsel
Kathleen L. Midstokke, City Clerk/Secretary
Desi Alvarez, Deputy City Manager/Special Projects
Gilbert Livas, Deputy City Manager/Community Development
Mark Sauter, Deputy City Manager/Emergency Services
Scott K. Pomrehn, Assistant Deputy City Manager
Other City Staff
PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None
APPROVED CLOSED SESSION MINUTES: January 13, 2008.
It was moved by Council Member/Commissioner Brossmer, seconded by Council
Member/Commissioner Gafin, and unanimously carried to approve.
RECESSED TO CLOSED SESSION:
Mayor/Chairperson Guerra 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 54957.6 – Conference with labor negotiator Lee Powell re:
direction for labor negotiations with Downey City Employees Association – Miscellaneous.
2. Government Code Section 54956.9(c): Conference with legal counsel – anticipated litigation
– initiation of litigation – one case.
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RECONVENED:
The meeting reconvened in Open Session at 7:29 p.m. ®th all Council
Members/Commissioners present. There was no Closed Session action to report
ADJOURNMENT:
The meeting adjourned at 7:30 p.m
KATHLEEN L. MIDSTOKKE, City Clerk/Secretary MnRlo A. GUERRA, Mbyor/Chairperson
City Council/Community Dev. Comm. Minutes (adj.) 1/27/09 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JANUARY 27, 2009
The City Council of the City of Downey held a Regular Meeting at 7:32 p.m., January 27,
2009, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey,
California, Mayor Mario A. Guerra presiding.
PRESENT:Council Members:
Mario A. Guerra
Anne M. Bayer
Luis H. Marquez
Roger C. Brossmer
David R. Gafin
Mayor
Mayor Pro Tem
ALSO PRESENT:Gerald M. Caton, City Manager
Edward W. Lee, City Attorney
Lee Powell, Assistant City Manager
Kathleen L. Midstokke, City Clerk
Desi Alvarez, Deputy City Manager/Special Projects
Gilbert Livas, Deputy City Manager/Community Development
Mark Sauter, Deputy City Manager/Emergency Services
Scott K. Pomrehn, Assistant Deputy City Manager
Roy Campos, Police Chief
John Michtcoff, Finance Director
Thad Phillips, Community Services Director
Brian Ragland, Public Works Director
Jeff Turner, Fire Chief
Susan Domen, Deputy City Clerk
Other Staff
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND
CONFERENCE/MEETING REPORTS:
Council Member Brossmer reported that he attended the League of California Cities
Conference for new Council Members in Sacramento last week along with Council Member Marquez
and found the programs very informative. He also attended the Unity in the Community meeting last
week
Council Member Marquez reported that he also attended the League of California Cities
Conference for new Council Members and the Unity in the Community meeting last week
Mayor Pro Tem Bayer recognized her commissioner, Lee Ann Sears, and her mother in the
audience.
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Council Member Gafin recognized Chamber of Commerce President Rick Rodriquez in the
audience; announced the Business Watch meeting will be held Thursday at noon in the Council
Chambers; announced the ARC of Southeast Los Angeles County Annual Walk for Independence
will be held on Saturday March 28, 2009, and encouraged everyone to participate; requested staff
present a report regarding abandoned/foreclosed and partially built properties, the actions available
and how they will be monitored.
Mayor Guerra noted his agreement on the abandoned/foreclosed properties report request;
requested a report on how staff can help to expedite the sales of abandoned properties; noted he
attended the Downey Regional Medical Center's Board meeting and they are doing better financially
however they are facing concerns of achieving the requirements of earthquake retrofitting; stated he
attended the afternoon Kiwanis Club meeting; attended a Downtown subcommittee meeting last
week; requested the Website Subcommittee meet; requested that staff look into hiring a
management company to oversee the Theatre; and requested that the southwest corner of
Lakewood Boulevard and Imperial Highway get some beautification.
PRESENTATIONS:
Mayor Guerra presented the Mayor’s Diakonia (servant) Award to Dr. Mary Stauffer.
Council Member Brossmer presented a Certificate of Appointment to Jeff McCaughan,
Recreation and Community Services Commission, District Three.
Council Member Marquez presented Certificates of Appointment to District Five appointees:
Betty Monroy, Library Advisory Board; Fernando Vasquez, Planning Commission; Mike Hemsath,
Recreation and Community Services Commission; Carlos Galvin, Jr., Public Facilities Financing
Corporation; and Rick Rodriguez, Emergency Preparedness Committee.
PUBLIC HEARINGS:
1.ZONE VARIANCE NO. 08-87, AN APPEAL OF A DECISION OF THE PLANNING
COMMISSION DENYING A REQUEST TO DEVIATE FROM THE MAXIMUM FLOOR
AREA RATIO (FAR) ON PROPERTY LOCATED AT 7848 BENARES STREET:
Community Development.
A. ADOPTED RESOLUTION NO. 09-7103, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY DENYING THE APPEAL OF A DECISION BY THE PLANNING
COMMISSION TO DENY ZONE VARIANCE NO. 08-87 – A REQUEST TO DEVIATE FROM
THE MAXIMUM FLOOR AREA RATIO FROM THE R-1 5,000 (SINGLE-FAMILY
RESIDENTIAL) ZONE (MAXIMUM 0.65), AS SET FORTH IN SECTION 9110.12 OF THE
DOWNEY MUNICIPAL CODE, THEREBY ALLOWING A FLOOR AREA RATIO OF 0.75
ON PROPERTY AT 7848 BENARES STREET, ZONED R-1 5,000 (SINGLE-FAMILY
RESIDENTIAL).
Mayor Guerra opened the Public Hearing at 7:54 p.m. City Clerk Midstokke affirmed
receipt of the Proof of Publication. It was moved by Mayor Pro Tem Bayer, seconded by Council
Member Gafin and so ordered to receive and file.
Council Member Brossmer noted he heard this case as a Planning Commissioner but would
be reviewing with fresh eyes tonight.
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Economic Development Business Manager Davis presented a Power Point presentation
explaining that the appellant was denied a variance by the Planning Commission on November 19,
2008 that would have allowed for an additional 217 square feet to be added to the home in the form
of a loft. The home is currently a legally non-conforming structure with an FAR of 0.70 and this
addition would increase the FAR to 0.75 and increase the second floor coverage to 86% of the first
floor instead of the 80% allowed by Code. The appellant requested the variance due to health
issues. He concluded that the Planning Commission and staff cannot find the determinations that
would be required to allow the variance.
Mayor Guerra questioned if the addition would change the footprint of the home and was told
no.
Robert van der Velde, appellant, noted he will be having surgeries that will cause him to be
wheel chair bound for an extensive period and is requesting the extra space to convalesce since
getting around the home will be difficult.
Council Member Brossmer asked how many rooms are currently on the 2-d floor and if they
were still being subleased and was told that there are 4 rooms that are all occupied by family and
are not subleased.
Noting no one else coming forward to speak, it was moved by Council Member Gafin,
seconded by Council Member Brossmer and so ordered to close the Public Hearing, the time being
8:05 p.m
Council Member Brossmer explained that there has to be certain findings to grant a variance
and this request does not meet them. The structure is already legally non-conforming and the
granting of this would set precedence for all structures with this designation.
Council Member Gafin noted his agreement with Council Member Brossmer’s comments and
added that even though the outside appearance of the home would not be affected, the FAR would
be increased therefore increasing the potential density for this property which will impact the
neighbors.
Mayor Guerra stated that the house was conforming when it was built and the City made it
non-conforming when the FAR requirements were changed to control the size of new construction,
not existing homes. He noted that since the footprint does not change, he is in favor of a
homeowner’s rights and asked legal counsel if this would set a precedent for all legally non-
conforming structures.
City Attorney Lee explained that it would set precedence and that the point of the FAR is to
limit size of structures because if they are damaged in the future they could build back to this size
therefore breaking prior and existing rules. He noted there are two issues to be considered the first
being if they can meet the findings to grant a variance and the other is the non-conformity in the
zoning code.
It was moved by Council Member Brossmer, seconded by Council Member Gafin and
carried, noting the dissention of Mayor Guerra, to adopt the Resolution.
NON-AGENDA PUBLIC COMMENT:
Mauricio Lopez, engineer for 7905 Gallatin Avenue, explained that the applicant has been
trying to purchase and finish construction on an abandoned home. The requirements to file new
permits and plans along with the new fees are very daunting and excessive. He distributed a
handout highlighting State Codes he feels are being violated.
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Naval Losa (sp?), Liberty Tax Service, stated that they use costume waivers to attract
business and recently were told that the sign code prohibits this type of advertising. He distributed
pictures of other businesses utilizing the same methods and requested equal enforcement of the
code as well as a review. .
Dorothy Pemberton, resident of Downey, presented gifts to Council Member Gafin and
Mayor Guerra encouraging their continued efforts of Bob’s Big Boy restaurant opening at the former
Johnie’s Broiler site.
LuAnn Parker, president of Unity in the Community, thanked Council Members Brossmer and
Marquez for attending the meeting and noted the group is still very active and concerned.
Mallorie Decamino, resident of Downey, distributed and discussed a proposal for the reuse of
the Downey Avenue Theatre as a Youth Outreach Center for high school students.
Lars Clutterham, resident of Downey, asked the Council to consider having a Dine-Out-In-
Downey week in concurrence with Unicef’s World Water Week March 22-28.
CONSENT ITEMS REMOVED:
5 ADOPT RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE APPOINTMENT OF ROY BEARD TO THE
EMERGENCY PREPAREDNESS COMMITrEE FOR COUNCIL DISTRICT THREE:
Administration. This item was removed at the request of Council Member Brossmer and is
listed under Other Business below.
CONSENT CALENDAR:
It was moved by Council Member Gafin, seconded by Mayor Pro Tem Bayer, and
unanimously carried to approve the remainder of the Consent Calendar items as recommended:
2.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings January 13,
2009: City Clerk.
3.APPROVED WARRANTS ISSUED: Warrant Nos. 237648 – 237993; Wire Nos. 416 – 418
and 30001826-30001844; in the total amount of $3,922,359.78: Finance.
4.CASH CONTRACT NO. 664A – FIRE STATION NO. 1 PERIMETER WALLS PROJECT:
REJECTED ALL BIDS: Public Works.
6.ADOPTED RESOLUTION NO. 09-7105, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING REAPPOINTMENTS OF DWIGHT AND JULIE SIMPSON
TO THE CITY HOSPITAL COMMISSION FOR COUNCIL DISTRICT FOUR: Administration.
7.ADOPTED RESOLUTION NO. 09-7106, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING APPOINTMENTS TO COMMiTrEE AND
CORPORATION FOR COUNCIL DISTRICT FIVE: Administration
A. Andy Doyle to the Emergency Preparedness Committee; and
B. Diane Boggs to the Water Facilities Corporation.
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ADMINISTRATIVE REPORTS :
8.SELECTED DATES OF FEBRUARY 14 AND 28, 2009 TO HOLD RETREAT MEETINGS
WITH CITY MANAGEMENT TO DETERMINE CITY COUNCIL GOALS AND PRIORITIES
FOR THE COMING FISCAL YEAR: Administration.
City Manager Caton stated that one of the goals of the Mayor is to have a City goal setting
meeting. Staff is suggesting two 5 hours sessions and is requesting dates that are acceptable to the
Council
Mayor Guerra suggested Saturdays might work best or possibly Fridays and asked for input
from the rest of the Council.
Mayor Pro Tem Bayer stated that she is available any Saturday.
Mayor Guerra so ordered that the 14th and 28th of February from 9 a.m. to 2 p.m. will be the
dates of the meetings with the location to be determined.
OTHER BUSINESS:
CONSENT ITEMS REMOVED:
5.ADOPTED RESOLUTION NO. 09-7104. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE APPOINTMENT OF ROY BEARD TO THE
EMERGENCY PREPAREDNESS COMMITrEE FOR COUNCIL DISTRICT THREE:
Administration.
Council Member Brossmer noted he pulled the item to recognize his appointee, Roy Beard,
in the audience.
It was moved by Council Member Brossmer, seconded by Mayor Guerra and unanimously
carried to adopt.
STAFF COMMENTS: None.
ADJOURNMENT: 8:36 p.m.
The meeting adjourned at 8:36 p.m. to 6:30 p.m., February 10, 2009 in memory of Rafael
Velasco, father of Housing Manager Ed Velasco; and John Adams, longtime Downey resident and
founder of the Downey Patriot.
w/JaZ/ghIa
mEN L. MIDSTOKKE, City Clerk MARIO A. GUERRA, Mayor
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