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HomeMy WebLinkAboutMinutes - 12-11-07 - Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING DECEMBER 11, 2007 The City Council of the City of Downey held a Regular Meeting at 7:34 p.m., December 1 1, 2007, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor David R. Gafin presiding. PRESENT:Council Members: David R. Gafin Mario A. Guerra Anne M. Bayer Kirk O. Cartozian Rick Trejo Mayor Mayor Pro Tem ALSO PRESENT:Gerald M. Caton, City Manager Edward W. Lee, City Attorney Kathleen L. Midstokke, City Clerk Lee Powell, Assistant City Manager Scott K. Pomrehn, Assistant to the City Manager Desi Alvarez, Deputy City Manager/Special Projects Gilbert Livas, Deputy City Manager/Community Development Roy Campos, Police Chief Linda Haines, Building and Housing Director John Michicoff. Finance Director John Perfitt, Economic Development Director Thad Phillips, Community Services Director Brian Ragland, Public Works Director Mark Sauter. Fire Chief William Davis, Economic Development Manager Kathy Simmons, Integrated Waste Coordinator Steven Yee, Principal Planner Susan Domen, Secretary to the City Clerk COUNCIL MEMBER ANNOUNCEMENTS: Mayor Pro Tem Guerra announced that he attended the Southern California Association of Governments (SCAG) meeting last Thursday; a Downey Police and Fire Foundation meeting today and the retirement luncheon for Fire Engineer/Inspector Fernando de la Torre for 31 years with the City; noted the City had received a letter from the Mayor of Lake Forrest thanking the Fire Department for their assistance during the fires; last Saturday went to an orphanage in Tijuana to give food and toys; attended an Angel Tree party for kids whose parents are incarcerated on Sunday; and wished everyone Happy Holidays. Council Member Cartozian noted there had been an article in the Downey Patriot regarding the Orange Line Maglev project; stated he also attended a SCAG meeting; met with Los Angeles Council Member LaBonge; mentioned the article in the L.A. Times regarding the Columbia Space Science Learning Center; stated that the Mayoral Transition was a great event even though there was some confusion; and he wished everyone a Merry Christmas and a Happy New Year. City Council Minutes 12/1 1/07 -1- Council Member Bayer invited everyone to attend the Citizens for Downey meeting tomorrow morning with guest speaker Gary DeRemer from the Downey Rose Float Association; and she recognized Commissioner Faye Campbell in the audience. Council Member Trejo thanked fellow colleagues and staff for their support and help throughout the last year. Mayor Gafin announced that this Thursday is the Home Decorating Contest awards from 5:00 p.m. – 7:00 p.m.; noted this Friday is the Chamber of Commerce Annual Open House; and wished everyone Happy Holidays. PRESENTATIONS: Mayor Gafin assisted Integrated Waste Coordinator Simmons in presenting certificates and prizes to the Oil Recycling Calendar Contest Winners. The meeting recessed at 7:56 p.m. and reconvened at 8:03 p.m. with all Council Members present. PUBLIC HEARINGS: 1.ADOPTING THE 2007 CALIFORNIA FIRE CODE WITH AMENDMENTS: Fire A. ADOPT ORDINANCE NO. 07- . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING CHAPTERS 3, 4, 5 AND 6 OF ARTICLE III OF THE DOWNEY MUNICIPAL CODE, THROUGH ADOPTING BY REFERENCE THE 2007 CALIFORNIA FIRE CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9), BASED ON THE INTERNATIONAL FIRE CODE, 2006 EDITION, WITH ERRATA, AND THOSE PORTIONS OF THE INTERNATIONAL FIRE CODE, 2006 EDITION, INCLUDING APPENDIX CHAPTER 1. APPENDIX CHAPTER 4, APPENDIX A THROUGH H INCLUSIVE. TOGETHER WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS AND CHANGES THERETO, FOR THE PURPOSE OF PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO THE LIFE AND PROPERTY FROM FIRE OR EXPLOSION; AND ADOPTING CHAPTER 6.95 OF CALIFORNIA HEALTH AND SAFETY CODE FOR THE PURPOSE OF PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM THE HANDLING, USE, STORAGE OR RELEASE OF HAZARDOUS MATERIALS OR HAZARDOUS WASTE. B. ADOPTED ORDINANCE NO. 07-1224, AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING CHAPTERS 3, 4, 5 AND 6 OF ARTICLE III OF THE DOWNEY MUNICIPAL CODE, THROUGH ADOPTING BY REFERENCE THE 2007 CALIFORNIA FIRE CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9), BASED ON THE INTERNATIONAL FIRE CODE, 2006 EDITION, WITH ERRATA, AND THOSE PORTIONS OF THE INTERNATIONAL FIRE CODE. 2006 EDITION, INCLUDING APPENDIX CHAPTER 1 AND 4, APPENDIX A THROUGH H INCLUSIVE. TOGETHER WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS AND CHANGES THERETO, FOR THE PURPOSE OF PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO THE LIFE AND PROPERTY FROM FIRE OR EXPLOSION; AND ADOPTING CHAPTER 6.95 OF CALIFORNIA HEALTH AND SAFETY CODE FOR THE PURPOSE OF PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM THE HANDLING, USE, STORAGE OR RELEASE OF HAZARDOUS MATERIALS OR HAZARDOUS WASTE. City Council Minutes 12/1 1/07 -2- Mayor Gafin opened the Public Hearing at 8:03 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Guerra and so ordered to receive and file. Fire Chief Sauter presented the staff report explaining that the City uses the California State Fire Code which is updated every three years, along with the City’s Municipal Code. He stated that the City is more restrictive on fireworks and fire sprinklers; however, there are no changes to those sections. There are seven recommendations for changes to the Fire Code which include: Construction Area Limits, Recreational Fires, Fireworks Display Permitting Process, Vacant Buildings, Designation of Fire Lanes, and In-Building Radio Communications. He noted that the Construction Area limits would be 250,000 square feet of “open wood framing” without providing for “mitigating fire protection barriers”; the Recreational Fires would be a no cost permit but would allow for the regulation of how and where recreational fires can be utilized; the Fireworks Display Permitting Process would require the acquisition of signatures from 70% of the surrounding neighbors for approval; Vacant Buildings will require the property owner to obtain a special permit therefore allowing the Fire Department to monitor the life safety systems in the buildings; Designation of Fire Lanes defines how to specifically designate fire lanes by the use of signs, red curbs, or roadway striping; and In-Building Radio Communications provides that no building shall be erected, constructed, change the use of, or provide an addition of more than 20% without ensuring the support of adequate radio coverage for the radio communications system. Mayor Pro Tem Guerra thanked Fire Chief Sauter for his report and questioned if these requirements will hinder development and was told that in the past three years there have not been any problems from developers or home owners. Mayor Pro Tem Guerra then noted his concerns for requiring the high schools to get permission for firework displays from 200 residents and if this wording could be eliminated and replaced with limiting them to two times per year. Chief Sauter replied that this is a recommendation that is driven by citizen complaints and is only a recommendation. ( Guy Sterner, resident of Downey, asked for clarification on Section 3330 and if this is referring to residential homes and noted that he feels this would be a huge imposition to home owners and commercial building owners. John Lacey, resident of Downey, stated that he feels there are better ways to get the information sought in Section 3330 and noted that he feels this is very restrictive. Fire Chief Sauter explained that Section 3330 is related to commercial buildings and not for residences. He explained that commercial buildings are regulated by the Code under which they were built and not required to conform with current Codes unless other factors take place. He noted that historically vacant buildings are allowed to fall into disrepair and when there are problems the Fire Department has difficulties contacting owners. This is a proactive measure to stay current with contact information on owners and have the building kept in repair. Guy Sterner, resident of Downey, stated that Section G relating to insurance requirements states for a vacant building with 1 or more units and implies residential. Mayor Gafin stated he will have this wording looked into as it is meant for commercial buildings. It was moved by Mayor Pro Tem Guerra, seconded by Council Member Cartozian and so ordered to close the Public Hearing, the time being 8:20 p.m. Mayor Pro Tem Guerra stated that Section 3330 should have the word “commercial” inserted to create the distinction intended and Section 3507 be changed to read “limit the high schools to two firework displays each year”. City Council Minutes 12/1 1/07 -3- Mayor Gafin suggested that the Council request Item A to be brought back at the next Council meeting with the corrections and to have Item B adopted tonight. City Manager Caton stated that by removing Sections 3330 and 3507 from the Urgency Ordinance, the rest of the Ordinance can be adopted and the law can go into effect on January 1 ’, then the regular Ordinance can be brought back with the noted corrections. It was moved by Council Member Bayer, seconded by Mayor Pro Tem Guerra and unanimously carried to adopt the Urgency Ordinance removing Sections 3330 and 3507 for revision to be brought back at a future meeting. 2.CONSIDERATION OF EXTENSION OF MORATORIUM ON DEVELOPMENT AND REVIEW OF OTHER OPTIONS OF THE PROPERTY AT 7447 FIRESTONE BOULEVARD, COMMONLY KNOWN AS JOHNIE’S BROILER: Community Development. Mayor Gafin opened the Public Hearing at 8:28 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Cartozian, seconded by Council Member Bayer and so ordered to receive and file. City Clerk Midstokke affirmed receipt of a communication received by email from a Chris Nichols. It was moved by Council Member Cartozian, seconded by Council Member Bayer and so ordered to receive and file. Economic Development Manager Davis presented a staff report noting that since the illegal demolition that took place at the site on January 7, 2007, it has become an eyesore and is a safety concern. He continued that the legal process has now been completed and the properly owner is back in control of the property. Manager Davis stated that the owner Mr. Smyrniotis has signed a letter of condition with the City which states a historic architect will be hired by the City to determine the viability of preserving any of the remaining structure and will be paid for by Mr. Smyrniotis. He concluded that there are two options before the City Council; (1 ) They could extend the moratorium for a period of twelve months which would allow time to consider the best use of the site or, (2) Allow the moratorium to expire and require the owner to restore the property to the extent possible. The signed agreement would allow him to proceed in this direction. He noted that staff is recommending option 2 The following persons spoke in support of restoration: Adrian Beonda Mark Kneihouse Analisa Hungerford Kevin Preciado George Redfox It was moved by Council Member Cartozian, seconded by Council Member Trejo and so ordered to close the Public Hearing, the time being 8:44 p.m. Mayor Gafin clarified that the purpose of the historic architect is to determine what options are available and that the community involvement level is not known at this time. Economic Development Director Perfitt explained that the agreement that is in place is binding and allows the City to engage an Architectural Historian to determine the options. He noted that the reuses of the property are being explored at this time. Mayor Pro Tem Guerra explained he had asked for this to be on the agenda as he knew it was close to expiring and as a means of determining the best action for the City to take. He stated that he feels the letter that has been signed by the owner accomplishes the same amount of control as the moratorium would; however, it allows for the project to move forward . City Council Minutes 12/1 1/07 -4- Council Member Cartozian agreed with Mayor Pro Tem Guerra’s comments and noted that this allows the project to move forward on the site and clarified that the owner will pay for the consultant that the City hires. [Council Member Trejo mentioned that he drives past the site everyday and realizes the need for it to be cleaned up as long as the procedures are followed and it is resolved to the City’s satisfaction. Mayor Gafin clarified that the agreement is with the property owner and not the previous tenant who was determined guilty of the illegal demolition done at the site. It was moved by Mayor Pro Tem Guerra, seconded by Council Member Cartozian and unanimously carried to approve staff recommendation to let the moratorium expire and pursuant to a signed letter agreement with the owner, hire the services of a historic preservation consultant to study what feasible options remain for preserving all or portions of the structures that were damaged due to the demolition work at Johnie’s Broiler. NON-AGENDA PUBLIC COMMENT: George Johnson, resident of Downey, thanked the City for installing handicap parking in front of his home. Maria Larkin, resident of Downey, submitted a letter and read that she was disturbed by the events that occurred at the Mayoral Transition Ceremony wherein Council Member Bayer was skipped in the traditional rotation to become Mayor Pro Tem. She expressed her concern for Mayor Pro Tem Guerra’s behavior towards her and the City Clerk following the meeting and requested an apology George Zuniga, resident of Downey, questioned what the fees would be if you did not register your vacant building within the required 15 days. City Manager Caton noted that the vacancy permit process has not been adopted yet and therefore no fees have been established. Don Johnston, resident of Downey, noted he was pleased by Council Member Cartozian's remarks regarding looking further into the Mayoral rotation and he feels the Council took the wrong action last week. Ruben Salgado, resident of Downey, stated he is proud of all Council Members and thanked Chief Campos for holding the Citizens Academy. CONSENT CALENDAR – ITEMS FOR REMOVAL: 7.APPROVE CONTRACT WITH MUSCO LIGHTING FOR THE INSTALLATION OF A SPORTS FIELD LIGHTING SYSTEM AT THE DISCOVERY SPACE COMPLEX IN THE AMOUNT OF $360,000: Administration. This item was removed at the request of Mayor Pro Tem Guerra and is listed under Other Business below. [ CONSENT CALENDAR: It was moved by Council Member Bayer, seconded by Council Member Trejo, and unanimously carried to approve the remainder of the Consent Calendar items as recommended: City Council Minutes 12/1 1/07 -5- 3. 4. APPROVED CITY COUNCIL MINUTES: Adjourned and Regular and Meetings November 27, 2007: City Clerk. APPROVED WARRANTS ISSUED: Warrant Nos. 227572 – 227873; Wire No. 343, 30001565 – 30001573; in the total amount of $3,313,288.72: Finance. 5.APPROVED CARRY-FORWARD APPROPRIATIONS IN THE AMOUNT OF $ 5,436,532.60 FOR FISCAL YEAR ENDED JUNE 30, 2007: Finance. 6.CASH CONTRACT NO. 660: CITY HALL HEATING, VENTILATION AND AIR CONDITIONING UPGRADE: ACCEPTED THE IMPROVEMENTS AND MAINTENANCE RESPONSIBILITY AND APPROVED THE FINAL CONSTRUCTION COST OF $985,377.83: Public Works 8.ADOPTED RESOLUTION NO. 07-7037, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJUSTING THE SALARY RANGE FOR CITY CLERK: Administration. ADMINISTRATIVE REPORTS: None. OTHER BUSINESS: 9.ADOPTED RESOLUTION NO. 07-7038, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF MEREDITH H. PERKINS TO THE BOARD OF TRUSTEES OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT: Mayor Gafin. Mayor Gafin stated that he is confident in the job former Council Member Perkins is doing and is currently serving as the President of the District and should continue in this position. Council Member Cartozian noted his agreement and stated that it helps to relieve some duties from the Council. Mayor Pro Tem Guerra congratulated former Council Member Perkins on being the President and thanked him for serving on behalf of the Council. It was moved by Mayor Gafin, seconded by Mayor Pro Tem Guerra and unanimously carried to adopt the Resolution. ITEMS REMOVED FROM CONSENT: 7.APPROVED CONTRACT WITH MUSCO LIGHTING FOR THE INSTALLATION OF A SPORTS FIELD LIGHTING SYSTEM AT THE DISCOVERY SPACE COMPLEX IN THE AMOUNT OF $360,000: Administration. Mayor Pro Tem Guerra asked for clarification on where the funding is coming from since this wasn’t originally in the budget and Deputy City Manager Alvarez stated that the money is coming from contingency funds due to the fact that there are sufficient funds to cover this cost. Harold Tseklenis, resident of Downey, asked if the lighting is for perimeter and safety lighting and if LED or solar lighting had been considered as alternatives due to the consideration of the long term cost of energy consumption. City Council Minutes 12/1 1/07 -6- Deputy City Manager Alvarez stated that use of LED and/or solar lighting is not part of this proposal and that it had been considered but the level of lighting required would not be conducive to solar lighting. It was moved by Mayor Pro Tem Guerra, seconded by Council Member Bayer and unanimously carried to approve the contract. Prior to the vote, Council Member Cartozian stated that he has been impressed with the proactive nature staff has utilized in trying to find funding for alternative energy uses. He stated that the project is well beyond what it originally was envisioned to be. COUNCIL MEMBER REQUESTS FOR FUTURE AGENDA ITEMS: A. CONFERENCE AND MEETING REPORTS. Council Member Bayer extended her congratulations to former Council Member Perkins on his reappointment to the Vector Control District. Council Member Cartozian requested staff to ask legal counsel to look into the formalization of the Mayor and Mayor Pro Tem rotations and bring back to Council for discussion. He noted he had requested this of prior legal counsel and got no response; and that he was sure the City Clerk had responded to the best of her knowledge at the Mayoral Transition meeting. Mayor Pro Tem Guerra noted his frustration with the events regarding the rotation of Mayor Pro Tem; however, he stated that he feels he is correct in believing that there is no set policy and the Charter only states that it is at the will of the Council who is elected to the positions and doesn't necessarily have to rotate at all. He continued by reading Article 5, Section 504. Presiding Officer. of the Downey Charter and stated that he feels the only person needing an apology is Mayor Gafin due to the festiveness being taken away from his evening. He concluded by reiterating his confidence that no procedures had been violated. [ STAFF COMMENTS: City Manager Caton mentioned the article in the Los Angeles Times regarding the Columbia Memorial Space Science Learning Center with Mayor Gafin and Assistant to the City Manager Pomrehn being quoted in the article. ADJOURNMENT: 9:29 p.m. The meeting adjourned to 5:30 p.m., December 19, 2007 for a Study Session with the Planning Commission, in memory of Ruth Miller, retired City Librarian. [ MMM: KATHLEEN L. MIDSTOKKE, City Clerk City Council Minutes 12/1 1/or -7- / /