HomeMy WebLinkAboutMinutes - 10-28-08 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
OCTOBER 28, 2008
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:31 p.m., October28, 2008, in the Council Chamber of the Downey
City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairperson David R. Gafin
presiding.
PRESENT:Council Members/Commissioners:
David R. Gafin
Mario A. Guerra
Anne M. Bayer
Rick Trejo
Kirk O. Cartozian
Mayor/Chairperson
Mayor Pro Tem/Vice-Chairperson
(arrived 6:33 p.m.)
ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director
Lee Powell, Assistant City Manager/Executive Director
Edward W. Lee, City Attorney/Agency Counsel
Joyce E. DoMe, Acting City Clerk/Secretary
Scott K. Pomrehn, Assistant Deputy City Manager
Desi Alvarez, Deputy City Manager/Special Projects
Gilbert Livas, Deputy City Manager/Community Development
John Perfitt, Economic Development Director
Other City Staff
PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None
APPROVED CLOSED SESSION MINUTES: October 14, 2008
It was moved by Mayor/Chairperson GaIn, seconded by Vice Chairman/Mayor Pro Tem
Guerra and so ordered to approve.
RECESSED TO CLOSED SESSION:
Mayor/Chairperson Gafin announced the Council/Commission is recessing to Closed
Session (6:32 p.m.) to discuss matters under the authority of the following section of the
Government Code:
1 Government Code Section 54957.6 – Conference with labor negotiator Lee Powell re:
direction for labor negotiations with City Employees Association – Miscellaneous and
Maintenance; Public Safety Auxiliary; and Executive Management, Middle Management and
Confidential/Exempt.
2. Government Code Section 54956.8 – Conference with real property negotiator Gerald Caton
re: property at 12224 Lakewood Boulevard (Downey Studios); negotiating party Stuart Lichter,
Industrial Realty Group; under negotiations: price and terms of payment.
City Council/Community Dev. Comm. Minutes (adj.) 10/28/08 -1 -
RECONVENED:
The meeting reconvened in Open Session at 7:33 p.m. ®th all Council
Members/Commissioners present.
ADJOURNMENT:
The meeting adjourned at 7:33 p.m.
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City Council/Community Dev. Comm. Minutes (adj.) 10/28/08 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
OCTOBER 28, 2008
The City Council of the City of Downey held a Regular Meeting at 7:37 p.m., October 28,
2008, 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
Rick Trejo
Kirk O. Cartozian
Mayor
Mayor Pro Tem
ALSO PRESENT:Gerald M. Caton, City Manager
Edward W. Lee, City Attorney
Lee Powell, Assistant City Manager
Joyce E. Doyle, Acting City Clerk
Scott K. Pomrehn, Assistant Deputy City Manager
Desi Alvarez, Deputy City Manager/Special Projects
Roy Campos, Police Chief
Linda Haines, Building Director
Gilbert Livas, Deputy City Manager/Community Development
John Michicoff. Finance Director
John Perfitt, Economic Development Director
Thad Phillips, Community Services Director
Brian Ragland, Public Works Director
Mark Sauter, Fire Chief
Susan Domen, Deputy City Clerk
Other Staff
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND
CONFERENCE/MEETING REPORTS:
Council Member Bayer recognized her commissioners Fay Campbell, Maria Larkin, and Lee
Ann Sears in the audience: she announced the Chamber of Commerce mixer on October 30"' at
Embassy Suites; and announced the annual Pumpkin Patch on October 31 “ at Apollo Park from 5
9 p.mp.m
Council Member Trejo noted that he had attended the dedication for the Discovery Sports
Complex and expressed that he is happy Downey is getting a new park.
City Council Minutes 10/28/08
Council Member Cartozian recognized Council candidates for District 5: Gary DeRemer,
Maria Larkin, and Luis Marquez in the audience; noted he attended the California Contract Cities
conference in San Luis Obisbo; attended several Orangline meetings; attended the dedication of
Discovery Sports Complex; attended a Character Counts assembly at West Middle School last week
with Mayor Pro Tem Guerra; attended the Chamber of Commerce Candidates Forum last week at
the Gas Company; attended an event for Hector de la Torre; is hosting an event for Alan Lowenthal
at his office this week; noted his happiness that there are Police Department promotions being done
tonight; attended Burbank transit task force last week; and noted that he attended the funeral for
Patricia Carmichael yesterday and mentioned the meeting will be adjourned in memory of her as
well as others.
Mayor Pro Tem Guerra mentioned he is proud that the City has it’s own Police Department
and read a letter he had received today thanking them for their assistance and support during a time
of tragedy from a Downey resident; and he also noted his gratitude to the Fire Department for their
assistance on an issue with his son a few weeks ago.
Mayor Gafin noted he also attended the dedication for the Discovery Sports Complex and
thanked Community Services Director Phillips and the Community Services Department for doing a
great job; announced that on November 15th there will be a dedication for the Columbia Memorial
Space Science Learning Center; announced that on Wednesday in the Council Chambers there will
be another Business Watch meeting at noon; noted that the next Council meeting will be held on
Monday, November 10th due to the holiday; and announced that the Lakewood Boulevard and
Firestone Boulevard intersection should have the third lane reopened by Thanksgiving.
PRESENTATIONS:
Police Chief Campos presented recently promoted personnel: Sergeant Leigh Lacy,
Sergeant Michael Parino, and Lieutenant Leslie Murray.
PUBLIC HEARINGS:
1.TO BE HELD ON NOVEMBER 10, 2008: APPEAL TO OVERTURN THE PLANNING
COMMISSION’S DENIAL OF A REQUEST TO MODIFY THE CONDITIONS OF
APPROVAL OF CUP 08-11, FOR A DANCE STUDIO LOCATED AT 12912 PARAMOUNT
BOULEVARD: Community Development.
Mayor Gafin announced that due to noticing issues this item will be postponed until
November 10, 2008 and all testimony will be taken at that time.
NON-AGENDA PUBLIC COMMENT:
Derrick Alatorre, representative for South Coast Air Quality Management District, introduced
himself as the new representative and invited everyone to the Open House on November 1 st
Glen and Elizabeth Gomez, owners of Onstage Dance Center, stated they wanted to speak
regarding some issues with the Code and were advised that if this was regarding the Public Hearing,
they would need to wait until the November 10th meeting.
John Lacey, resident of Downey, stated he is a proud graduate of UCLA; and suggested that
the Council adopt a voluntary ban on the use of plastic bags in the City.
City Council Minutes 10/28/08 -2-
CONSENT ITEMS REMOVED:
5.RECEIVE AND FILE FARMERS’ MARKET STATUS REPORT: Administration. This item
was removed at the request of Mayor Pro Tem Guerra and is listed under Other Business
below
7.APPROVE A LETTER OF AGREEMENT WITH LOS ANGELES METROPOLITAN
TRANSPORTATION AUTHORITY FOR THE IMPERIAL HIGHWAY TRAFFIC
THROUGHPUT AND SAFETY ENHANCEMENTS PROJECT – PHASE 2: Public Works
This item was removed at the request of Mayor Gafin and is listed under Other Business
below
CONSENT CALENDAR:
It was moved by Council Member Bayer, seconded by Council Member Cartozian, and
unanimously carried to approve the remainder of the Consent Calendar items as recommended:
2.APPROVED CITY COUNCIL MINUTES: Special Meeting October 9, 2008; Regular and
Adjourned Meetings October 14, 2008: City Clerk.
3.APPROVED WARRANTS ISSUED: Warrant Nos. 235491-235857; Wire Nos. 30001772-
30001780 and 400-401 ; in the total amount of $3,584.533.33: Finance.
4.APPROVED HOLIDAY LANE PARADE PERMIT APPLICATION SUBMITED BY THE
DOWNEY CHAMBER OF COMMERCE FOR SUNDAY, DECEMBER 7, 2008:
Administration .
6.APPROVED AGREEMENT WITH DOWNEY CHAMBER OF COMMERCE FOR 2008-
2009: Community Development.
8.APPROVED AGREEMENT WITH LEYMASTER ENVIRONMENTAL CONSULTING, LLC.
FOR ON-CALL ENVIRONMENTAL CONSULTING SERVICES: Public Works.
9.CASH CONTRACT NO. SS 604: OLD RIVER SCHOOL ROAD IMPROVEMENTS:
AWARDED CONTRACT IN THE AMOUNT OF $647,801 TO IMPERIAL PAVING
COMPANY; AND APPROPRIATED $178,371 1N PROPOSITION C LOCAL RETURN
FUNDS: Public Works.
10.ADOPTED RESOLUTION NO. 08-7086, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE
CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE SAFE DRINKING
WATER. WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL
PROTECTION ACT OF 2006 (PROPOSITION 84) (TREASURE ISLAND PARK) :
Administration.
11.ADOPTED ORDINANCE NO. 08-1235, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE
RELATING TO SPEED LIMITS FOR FIRESTONE BOULEVARD: Public Works.
12.A. ADOPTED ORDINANCE NO. 08-1236, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY APPROVING CODE AMENDMENT NO. 06-120, THEREBY
ADOPTING THE COMPREHENSIVE UPDATE TO THE ZONING ORDINANCE AND
INCORPORATING ALL CHANGES CONTAINED THEREIN TO ARTICLE IX OF THE
DOWNEY MUNICIPAL CODE; and
City Council Minutes 10/28/08 -3-
B. ADOPTED ORDINANCE NO. 08-1237, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY AMENDING VARIOUS SECTIONS OF THE DOWNEY
MUNICIPAL CODE THAT REFER TO ARTICLE IX OF THE MUNICIPAL CODE IN
RELATION TO THE COMPREHENSIVE UPDATE TO THE ZONING ORDINANCE:
Community Development.
13.ADOPTED ORDINANCE NO. 08-1238, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY DELETING SECTION 9144.08 AND ADDING CHAPTER 9 TO
ARTICLE V OF THE DOWNEY MUNICIPAL CODE REGARDING PUBLIC NUISANCES:
Police
ADMINISTRATIVE REPORTS: None.
OTHER BUSINESS: None.
14.DISCUSSION AND DIRECTION REGARDING WATER BILL CREDIT: Mayor Gafin.
Mayor Gafin stated that he would like the City to give an 8% credit to all water bill customers
for the inconvenience they had during the Boil Water order. He stated that this would cost
approximately $100,000 and would come from the Water Fund.
Council Member Cartozian noted that he would rather take the proposed $100,000 credit and
distribute it amongst the restaurants that were shut down for the three days. He stated that while the
homeowners were inconvenienced, the businesses were financially impacted.
Council Member Trejo agreed that the credit to all water customers is a great gesture for the
City to take although he is concerned about setting future precedence.
Mayor Pro Tem Guerra mentioned he had attended a meeting of a group of restaurants last
week and they are hurting financially because of the 3 day shut down. He said he is torn between
Mayor Gafin and Council Member Cartozian’s suggestions, but he does not feel he has enough
information to make a decision tonight.
Mayor Gafin explained that the $100,000 is a public relations gesture. He understands the
restaurants took a financial hit; however, citizens had to go out and purchase water and change out
water filters. He believes everyone was inconvenienced and he agrees there should be a plan to
help the businesses, but, as a public relations gesture this should go to everyone with a water bill.
Council Member Cartozian questioned if the big businesses that will receive the credits, such
as Coca-Cola, are being looked at to be removed from those eligible for the credit.
It was moved by Council Member Trejo, seconded by Council Member Bayer and carried
noting the dissention of Council Member Cartozian to give an 8% inconvenience credit on allwater bills.
Prior to the vote, Council Member Cartozian noted his disagreement that giving a refund to
apartment building owners does not compensate the tenants who were affected and stated that he
needs to see some actual numbers before approving.
City Council Minutes 10/28/08 -4-
CONSENT ITEMS REMOVED:
5.RECEIVED AND FILED FARMERS’ MARKET STATUS REPORT: Administration
Mayor Pro Tem Guerra explained that he feels that there needs to be better advertising on
the main streets and he would like to see more City involvement as well as other things
implemented.
It was moved by Mayor Pro Tem Guerra, seconded by Council Member Cartozian and
unanimously carried to receive and file.
Prior to the vote, Council Member Cartozian noted his agreement with Mayor Pro Tem
Guerra and stated that the City had given away 1 ,000 reusable bags at the Farmer's Market. He
believes bringing in residential components to the Downtown area will help to increase the
attendance.
Council Member Trejo agreed that better promotion of the market is the key to making it a
success
7.APPROVED A LETTER OF AGREEMENT WITH LOS ANGELES METROPOLITAN
TRANSPORTATION AUTHORITY FOR THE IMPERIAL HIGHWAY TRAFFIC
THROUGHPUT AND SAFETY ENHANCEMENTS PROJECT – PHASE 2: Public Works.
Mayor Gafin thanked Public Works Director Ragland and staff for finding the funding and for
moving the project forward.
It was moved by Mayor Gafin, seconded by Council Member Cartozian and unanimously
carried to approve the Letter of Agreement.
Prior to the vote, Mayor Pro Tem Guerra emphasized that there is one more section on
Paramount Boulevard between Imperial Highway and Firestone Boulevard that he would like Public
Works to look into finding the funding and devising a plan.
Council Member Trejo thanked the Public Works Department for changing the medians on
Imperial Highway in front of the school where his wife is Principal.
STAFF COMMENTS:
City Manager Caton noted that the dedication of the new park this morning was a great event
and he thanked the Council for supporting the project.
ADJOURNMENT:
The meeting adjourned at 8:31 p.m. to 6:30 p.m., November 10, 2008: in memory of Dustin
Gaffron Haner, long time Downey resident, business owner and father-in-law of Gloria Griffin,
Accountant; Patricia Carmichael, long time Downey resident; and Melvin Churchill, grandfather of
Sonya Meacham, Program Supervisor for ASPIRE program
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Cit}Kul UI g Minutes 10/28/08