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HomeMy WebLinkAboutMinutes - 07-14-09 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURN£D REGULAR MEETING JULY 14, 2009 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:30 p.m., July 14, 2009, in the Council Chamberof 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/Chairperson Mayor Pro Tem/Vice-Chairperson ALSO PRESENT:Lee Powell, Acting City Manager/Executive Director Edward W. Lee, City Attorney/Agency Counsel Kathleen L. Midstokke, City Clerk/Secretary Desi Alvarez, Deputy City Manager/Special Projects 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: June 9, 2009. It was moved by Council Member/Commissioner Gafin, seconded by Council Member/Commissioner Marquez, and unanimously carried to approve. RECESSED TO CLOSED SESSION: Mayor/Chairperson Guerra announced the Council/Commission is recessing to Closed Session (6:31 p.m.) to discuss matters under the authority of the following section of the Government Code: 1. Government Code Section 54956.8 – Conference with real property negotiator Edward Lee re: property at 1 1500 Brookshire Avenue; negotiating party: Downey Regional Medical Center; under negotiation: amendment to Lease. Prior to recess Mayor/Chairperson Guerra noted he would not be participating in Closed Session due to a conflict of interest as the hospital is a client of his insurance company. RECONVENED: The meeting reconvened in Open Session at 7 '.29 p.m. Wth all Council Members/Commissioners present. City Council/Community Dev. Comm. Minutes (adj.) 07/14/09 -1 - City Attorney Lee announced that there are no reportable actions URNMENT: The meeting adjourned at 7:29 p.m. ADJO %M&Ag %4&Z8£4c2 KATHLEEN L. MIDSTOKKE, City Clerk/Secret; City Council/Community Dev. Comm. Minutes (adj.) 07/14/09 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JULY 14, 2009 The City Council of the City of Downey held a Regular Meeting at 7:31 p.m., July 14, 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:Lee Powell, Acting City Manager Edward W. Lee, City Attorney Kathleen L. Midstokke, City Clerk Desi Alvarez, Deputy City Manager/Special Projects Mark Sauter, Deputy City Manager/Emergency Services Scott K. Pomrehn, Assistant Deputy City Manager Roy Campos, Police Chief Linda Haines, Building Director John Michicoff, Finance Director Brian Ragland, Public Works Director Arlene Salazar, Social Services Manager Chuck Seely, Battalion Chief Susan Domen, Deputy City Clerk Other City Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Council Member Marquez noted that the 4th of July celebration and Discovery Sports Complex grand opening was a great event; reported he attended the Independent Cities Association (ICA) in Rancho Bernardo last weekend with Mayor Guerra and Council Members Brossrner and Gafin and reported on a workshop regarding Water Conservation; and that he hosted a delegation for Zacatecas, Mexico yesterday with the Mayor. Council Member Brossmer stated he also attended the conference in Rancho Bernardo reporting on a session regarding City Branding and requested that the City prepare a program; thanked staff for the 4th of July celebration and the citizens of Downey for making it a great community day; attended a Downtown subcommittee meeting with the Mayor; toured two veteran memorials with Assistant Deputy City Manager Pomrehn; attended the Chamber of Commerce installation luncheon; and attended the joint meeting with the Planning Commission at the library. Council Member Gafin attended the 43'd Neighborhood Watch meeting, the Chamber of Commerce installation, the Treasure Island annual barbecue, the ARC installation, a Southern California Association of Governments (SCAG) meeting, the 4th of July celebration, the Downey City Council Minutes 07/14/09 -1- Sister City installation, and the ICA conference reporting on a session regarding using mediation to resolve some resident’s issues; and he thanked prior Councils and staff for the conservative fiscal efforts that have kept the City in a good fiscal position. Mayor Guerra mentioned he attended the SCAG Transportation meeting, the ARC installation, the YMCA Board of Directors installation, the Sister City installation, the ICA conference reporting that he was a moderator for a session regarding tools for cities to avoid bankruptcy, 2 Neighborhood Watch meetings, was the speaker at Rotary today and will be speaking at the 7 a.m. Kiwanis meeting tomorrow; he also hosted the Zacatecas delegation; noted that on the 4th of July weekend last year there were 148 Fire calls compared to 131 this year, and the Police Department had 145 calls last year compared to 130 this year to which he attributed the decline to the City sponsored 4th of July celebration; he mentioned that the Green Task Force met last week and will be recommending a water ordinance and solar panel fees reduction in the future; he attended a Downtown subcommittee meeting; announced there will be an “Artists Night” at Granata’s this Thursday through Sunday; he reiterated Council Member Brossmer’s request for staff to look into the branding issue; requested staff to look into federal stimulus money for broadband and to bring back information for having the fireworks show again next year; and he recognized LuAnn Parker, President of Unity in the Community in the audience. PRESENTATIONS: Mayor Guerra presented the Mayor’s Diakonia (servant) award to Wayne Wilcox for his service to the community. PUBLIC HEARINGS: 1.APPEAL OF PLANNED SIGN PROGRAM NO. 08-76, A REQUEST TO MODIFY THE PLANNING COMMISSION’S APPROVAL OF THE LOCATION AND APPEARANCE OF THE SIGNS AT A COMMERCIAL SHOPPING CENTER AT 9200-9250 LAKEWOOD BOULEVARD AND 9009-9027 GALLATIN ROAD: Community Development. A. ADOPT RESOLUTION NO. 09- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, DENYING AN APPEAL, THEREBY UPHOLDING THE PLANNING COMMISSION’S APPROVAL OF PLANNED SIGN PROGRAM NO. 08-76, WHICH APPROVES THE LOCATION AND APPEARANCE OF SIGNS WITHIN A MULTI- TENANT COMMERCIAL SHOPPING CENTER ON PROPERTY LOCATED AT 9200-9250 LAKEWOOD BOULEVARD AND 9009-9027 GALLATIN ROAD AND ZONED C-2 (GENERAL COMMERCIAL). Mayor Guerra opened the Public Hearing at 8:04 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Brossmer, seconded by Council Member Gafin and so ordered to receive and file. Senior Planner Blumenthal presented a Power Point presentation noting that the owner of the Gallatin Plaza has filed an appeal in opposition of the Planning Commission’s decision. The two freestanding signs are at issue. Approval conditions require that the bases be larger and allow four panels, and the owner is appealing that six panels be allowed. Milton Soloman, Architectural Design and Signs, owner representative, explained that the improvements will help revitalize the center and they are only requesting six panels be allowed instead of four as Ralph’s will take up two panels and McDonald’s will take up one panel, therefore only leaving one panel for the other 14 tenants. He noted that the panel advertising allows for more successful negotiations with prospective tenants. City Council Minutes 07/14/09 -2- Council Member Brossmer questioned how it is determined who gets the remaining panel(s) and was told that it is used as an incentive to attract good tenants. There being no speakers from the public, it was moved by Council Member Brossmer, seconded by Council Member Gafin and so ordered to close the Public Hearing the time being 8:15 p.m. Council Member Marquez asked if the total size of the sign will remain the same and if it will have the larger base and was told yes. Council Member Brossmer questioned how it was determined to allow four panels instead of six and if there are regulations governing it. He was told that sites with more than three tenants require the Planning Commission’s discretionary review. Council Member Gafin noted his concern with decisions being made discretionary and asked if there is a total overall size requirement allowed and was told that it is 2.25 square feet per linage building area. Mayor Guerra noted that the City needs to help businesses and his concerns with arbitrary numbers being used to decide these types of issues. It was moved by Council Member Gafin, seconded by Mayor Pro Tem Bayer and unanimously carried to approve the appeal granting six panels and direct staff to return with a Resolution with findings at the next meeting. 2.REVISIONS TO DOWNEY MUNICIPAL CODE ARTICLE IX, ZONING: Community Development. A. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING CODE AMENDMENT NO. 06-12 REV “A”, THEREBY AMENDING VARIOUS SECTIONS OF ARTICLE IX OF THE DOWNEY MUNICIPAL CODE (ZONING). Mayor Guerra opened the Public Hearing at 8:24 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Brossmer, seconded by Council Member Gafin and so ordered to receive and file. Senior Planner Blumenthal presented a Power Point presentation noting that on October 28, 2008, the Council adopted an Ordinance approving a comprehensive update to the Zoning Code. He explained that this item is to clean-up some discrepancies in the Code. The amendments are in Article IX, Chapter 1, Sections 9122, 9128, and 9158; Article IX, Chapter 3, Sections 9312.06, 9312.08(b), 9314.04, and 9318.04; Article IX, Chapter 4, Section 9426.04(b); Article IX, Chapter 5, Sections 9514 and 9534.26; Article IX, Chapter 6, Sections 9610.04, 9612, 9614.02, 9618.04(a)(6), 9618.04(a)(6)(i), 9618.06(c)(2), 9618.06(c)(3), 9618.06(c)(4), 9618.06(c)(5), 9618.06(c)(6), 9618.06(c)(7), 9618.06(c)(8), and 9626; Article IX, Chapter 7, Sections 9706.02(b), 9712, 9726; and Article IX, Chapter 8, Section 9814.04. These sections cover large family daycare homes, domestic animals, wireless communication facilities within Residential Zones; bakeries, carnivals and circuses within Commercial Zones; bakeries, auto towing storage yards and audio and video recording studios within Manufacturing Zones. He continued that the maximum allowed pets in R-3, R-3-0 & M-U zones is being reduced from 3 to 2; there are single banners per elevation allowed, construction signs within residential zones are being reduced to six square feet, sign twirlers are prohibited, a permit fee is required for temporary signs; ground mounted banners are prohibited; shared parking among two or more properties within 1/8 of a mile is allowed and dance and martial arts studios will be required to provide parking at a 1/150 square feet general floor area. City Council Minutes 07/14/09 -3- Mayor Guerra noted his concerns regarding the timing of receiving the materials and that dance studios are still being classified at trade schools. Council Member Gafin asked for clarification on dance studios and what the current parking requirements are and was told it is 14 spaces proposed to be lowered to seven. He then asked how the surveyed cities were chosen and was told that cities were surveyed across the region by size and the ones listed were the ones that responded. Glenn Gomez and Liz Vega, owners Onstage Dance Center, requested the definition of dance studios and children’s dance studios be considered in parking requirements, indicating that most patrons are dropped off and picked up. Mr. Gomez stated that under the current code his studio needs 45 and in Bellflower he would only need 22 and 27 in Santa Fe Springs. He requested that storage area not be considered in the floor area. Mayer Guerra asked if storage area could be removed from the calculations, how many other studios are in the City, and how it was determined that it should remain classified as a Trade School to which staff responded that the storage area could easily be converted to usable space after the fact, that it is unknown at this time how many other studios there are, and that the determination was based on the consultants review and recommendation. Unidentified speaker stated that while staff’s efforts are appreciated, these parking requirements could put Onstage Dance Center out of business and dance studios should not be lumped in with trade schools. Marsha Moode, Downey Civic Light Opera, noted that the owners of Onstage Dance Center took a run down building, upgraded it and have been running a successful business and the City should be assisting business owners. Steve Lauren, Good Sheppard Lutheran Church, suggested that the portion reflecting parking for the dance studios be set aside for further review and the rest of the Ordinance be allowed to pass tonight, so that the church can re-open their pre-school. Ben Coute, resident of Downey, noted that he feels that staff has done an exhaustive job and come up with the most lenient conditions with the exception of allowing properties to share parking spaces It was moved by Council Member Brossmer, seconded by Council Member Marquez and so ordered to close the Public Hearing, the time being 8:52 p.m. Mayor Guerra noted he commends any business that takes an abandoned building and turns it into a thriving business. He noted that these particular owners have complied with all the requirements imposed on them and he has constantly been driving the area to see if there is a parking issue and has not seen one. He does not agree with staff’s findings. Council Member Marquez asked for clarification if staff agreed to eliminating the storage area from usable space and was told no, it would be too hard to monitor. Council Member Gafin noted he is not sure that the dance studios are classified correctly and does not have enough information to vote on this section of the Ordinance. Council Member Brossmer questioned the procedure for conducting a traffic study and it was explained that a Traffic Engineer would be hired to look at the usage in the area during peak demand as well as other uses in the area. City Council Minutes 07/14/09 -4- Mayor Guerra requested that this section be removed from the Ordinance until further information is brought forward. It was moved by Council Member Brossmer, seconded by Council Member Gafin and carried, noting the abstention of Mayor Guerra, to introduce the Ordinance removing Section 31. 3.DISSOLUTION OF VEHICLE PARKING DISTRICT NO. 1: Public Works. A. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY DISSOLVING VEHICLE PARKING DISTRICT NO. 1. Mayor Guerra opened the Public Hearing at 9:08 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Brossmer, seconded by Council Member Gafin and so ordered to receive and file. Public Works Director Ragland presented a staff report explaining that this District was formed in 1961 and bonds were issued in 1964 to finance operations, maintenance and capital improvements within the District. The bonds were fully paid and retired in 1984 and since that time there have been no additional financial obligations. He explained that the District as well as the Parking Place Commission have fulfilled their purposes and can be dissolved at this time. Mayor Guerra noted that he believes the Parking Place Commission and Traffic Committee should be combined to deal with parking issues throughout the City, instead of disbanding the Parking Place Commission. Council Member Gafin agreed that a commission should review parking issues but feels the duties can just be assigned to the Traffic Committee without combining the two as the purpose of the Parking Place Commission has been fulfilled. Council Member Brossmer noted that all of the commissions and committees should be reviewed for purpose, duties; with consideration of combining or disbanding if warranted. There being no speakers, it was moved by Council Member Brossmer, seconded by Council Member Gafin and so ordered to close the Public Hearing, the time being 9:17 p.m. It was moved by Council Member Gafin, seconded by Council Member Brossmer and unanimously carried to introduce the Ordinance. NON-AGENDA PUBLIC COMMENT: Council Member Marquez left the dais at 9:18 p.m. and returned at 9:20 p.m. LR Davis, resident of Downey, complained about neighborhood block walls being hit by cars exiting the carwash adjacent to the alley. He was directed to speak with the Planning and Building Departments for assistance. Lou Ann Parker, Unity in the Community, thanked everyone for coming to the annual barbecue. Elena Neeman (sp?), resident of Downey, noted the ease of attending the 4th of July celebration in terms of parking and accessibility. She thanked the Council for the event. City Council Minutes 07/14/09 -5- William Parker, resident of Downey, stated his concerns regarding signage around the City and thanked for the enforcement. John Lacey, resident of Downey, complimented the Council’s actions regarding Code review to make sure they make sense; and acknowledged Deputy City Clerk Domen’s recent accomplishment on receiving her Municipal Clerk certification. CONSENT ITEMS REMOVED: 7.CASH CONTRACT NO. 655 – COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER: ACCEPT THE IMPROVEMENTS AND THE MAINTENANCE RESPONSIBILITY: Administration. This item was removed at the request of Council Member Gafin and is listed under Other Business below. 8.SET PUBLIC HEARING FOR AUGUST 11, 2009 TO CONSIDER CITY FEES RELATED TO SOLAR PANEL PERMITS: Administration. This item was removed at the request of Mayor Guerra and is listed under Other Business below. 9.ADOPT RESOLUTION NO. 09- . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING SALARY RANGES AND CLASS SPECIFICATIONS FOR THE POSITIONS OF BUDGET ANALYST AND FIRE PREVENTION TECHNICIAN AND ADJUSTING THE SALARY RANGE FOR THE POSITION OF FINANCE DIRECTOR: Administration. This item was removed by staff. 12.ANGLED PARKING AND “STOP” SIGNS IN THE VICINITY OF THE DISCOVERY SPORTS COMPLEX/COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER: Public Works. This item was removed at the request of Mayor Guerra and is listed underOther Business below. A. INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3155.2 OF THE DOWNEY MUNICIPAL CODE RELATING TO THE DESIGNATION OF ANGLED PARKING ON CLARK AVENUE BETWEEN JAMES STREET AND LAKEWOOD BOULEVARD; and B. ADOPT RESOLUTION NO. 09- . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING STOP CONTROLS AT THE INTERSECTIONS OF DISCOVERY SPORTS COMPLEX AT CLARK AVENUE AND CONGRESSMAN STEVE HORN WAY/ARDIS AVENUE. CONSENT CALENDAR: It was moved by Mayor Pro Tem Council Member Bayer, seconded by Council Member Marquez, and unanimously carried to approve the remainder of the Consent Calendar items as recommended: 4.APPROVED CITY COUNCIL MINUTES: Regular Meeting June 23, 2009; Adjourned Meeting June 29, 2009: City Clerk. 5.APPROVED WARRANTS ISSUED: Warrant Nos. 241763 – 242346; Wire Nos. 464 – 470 and 30001934 – 30001951; in the total amount of $7,423,836.46: Finance. City Council Minutes 07/14/09 -6- 6.ENDORSED PLANNING COMMISSION RESOLUTION NO. 09-2591, THEREBY ADJUSTING THE START TIME OF PLANNING COMMISSION MEETINGS FROM 7:30 P.M. TO 6:30 P.M.: Community Development. 10.ADOPTED RESOLUTION NO. 09-7143, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A 20 MINUTE PARKING RESTRICTION ON THE NORTH SIDE OF DINWIDDIE STREET, WEST OF OLD RIVER SCHOOL ROAD: Public Works 11.ADOPTED RESOLUTION NO. 09-7144, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING APPOINTMENTS/REAPPOINTMENT TO BOARDS. COMMISSIONS AND COMMITTEES FOR COUNCIL DISTRICT FIVE: Administration A B. C. D. E. Mario Trujillo to the Art in Public Places Advisory Committee; Charles Hutchinson to the Downey City Hospital Commission; Jack Horvath to the Personnel Advisory Board; Nick Adams to the Traffic Committee; and Ernest Garcia to the Water Board. 13.ADOPTED ORDINANCE NO. 09-1246, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO THE SPEED LIMIT FOR IMPERIAL HIGHWAY: Public Works. ADMINISTRATIVE REPORTS: None OTHER BUSINESS: CONSENT ITEMS REMOVED: 7.CASH CONTRACT NO. 655 – COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER: ACCEPTED THE IMPROVEMENTS AND THE MAINTENANCE RESPONSIBILITY: Administration. Council Member Gafin explained that he wanted to congratulate staff for their hard work and bringing this item in under budget. Mayor Guerra announced that October 17th or 23'd dates are being looked at for the grand opening event. Harold Tseklenis, resident of Downey, asked that if the funding surplus along with stimulus monies that are available, could be used for solar energy panels. Mayor Guerra asked if the $90,000 surplus could be placed into the General Fund and used for operations of the center this year and it was explained that the funds will be retained in the Learning Center Fund and will be used for the operations of the Learning Center. He then asked what the cost would be for solar panel installation and was informed they don’t have exact figures without putting the project out to bid. It was moved by Council Member Gafin, seconded by Council Member Brossmer and unanimously carried to approve. City Council Minutes 07/14/09 -7- 8.SET PUBLIC HEARING FOR AUGUST 11, 2009 TO CONSIDER CITY FEES RELATED TO SOLAR PANEL PERMITS: Administration. Mayor Guerra noted that this item was brought forth due to the efforts of the Green Task Force and he is excited about this. It was moved by Mayor Guerra, seconded by Council Member Brossmer and unanimously carried to set the Public Hearing for August 11, 2009. 12.ANGLED PARKING AND “STOP” SIGNS IN THE VICINITY OF THE DISCOVERY SPORTS COMPLEX/COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER: Public Works. A. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3155.2 OF THE DOWNEY MUNICIPAL CODE RELATING TO THE DESIGNATION OF ANGLED PARKING ON CLARK AVENUE BETWEEN JAMES STREET AND LAKEWOOD BOULEVARD; and B. ADOPTED RESOLUTION NO. 09-7145, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING STOP CONTROLS AT THE INTERSECTIONS OF DISCOVERY SPORTS COMPLEX AT CLARK AVENUE AND CONGRESSMAN STEVE HORN WAY/ARDIS AVENUE. Mayor Guerra questioned if this work includes returning a signal to the Clark Avenue and Lakewood Boulevard intersection. when it will be done and when Clark Avenue will be renamed Columbia Way as he requested. Deputy City Manager Alvarez responded that the signal is not included and will be brought to Council within a couple of months and that the renaming of Clark Avenue can be completed by October. It was moved by Mayor Guerra, seconded by Council Member Brossmer and unanimously carried to introduce the Ordinance and adopt Resolution. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Council Member Gafin suggested recognizing the Parking Place Commissioners at the next meeting for their service. Mayor Pro Tem Bayer reminded everyone that Concerts-in-the-Park will be tomorrow night at Furman Park. Mayor Guerra mentioned that he had 12 positive responses and 2 negative responses to the stage location being changed at Concerts-in-the-Park. STAFF COMMENTS: City Attorney Lee announced he attended the ICA conference in Rancho Bernardo as well. City Council Minutes 07/14/09 -8- ADJOURNMENT: The meeting adjourned at 9:44 p.m. to 6:30 p.m., July 28, 2009, in memory of Leslie Desimone, longtime Downey resident and Harold G. Frentz, longtime Downey resident. vbaM>,#. %,zaazad KATHLEEN L. MIDSTOKKE, City Clerk On , MAId A. GUERRA, MMr City Council Minutes 07/14/09