HomeMy WebLinkAboutMinutes - 02-27-07 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
FEBRUARY 27, 2007
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:32 p.m., February 27, 2007 in the Council Chamber of the Downey
City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairperson Rick Trejo presiding.
PRESENT: Council Members/Commissioners:
Rick Trejo
David R. Gafin
Kirk O. Cartozian
Anne M. Bayer
Mario A. Guerra
Mayor/Chairperson
Mayor Pro Tem/Vice-Chairperson
ALSO PRESENT:Gerald Caton, City Manager
Lee Powell, Assistant City Manager
Charles S. Vose, City Attorney/Economic Development Director
Kathleen L. Midstokke, City Clerk/Secretary
Scott Pomrehn, Assistant to the City Manager
Jim McCulloch, Police Captain
NON-AGENDA PUBLIC COMMENT: No one came forward to speak.
APPROVAL OF CLOSED SESSION MINUTES
It was moved by Mayor Pro Tem/Vice-Chairperson Gafin, seconded by Council
Member/Commissioner Bayer, and unanimously carried to approve the Closed Session Minutes
of February 13, 2007.
RECESSED TO CLOSED SESSION
Mayor/Chairperson Trejo announced the Council/Commission is ncessing 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 potential case.
3. Government Code Section 54957 – Public Employee Performance Evaluation – City
Attorney.
4.Government Code Section 54957 – Public Employee Release.
City Council/Community Dev. Comm. Minutes (adj.) 02/27/07 -1 -
RECONVENED
The meeting reconvened in Open Session at 7:31 p.m. ®th all Counci
Members/Commissioners present.
City Attorney Vose announced that the City Council has unanimously approved a motion to
direct the City Attorney to work with the Citys special legal counsel to proceed with appropriate
action, including the initiation of litigation if necessary, to require the restoration of Johnie’s Broiler, to
the condition that eHsted prior to the January 7, 2007, unlawful demolition of the property.
The meeting recessed at 7: 31 p.m.
The meeting reconvened at 8:59 p.m. Wth all Council Members/Commissioners present and
immediately recessed to Closed Session.
The meeting reconvened in Open Session at 9:22 p.m. Qth all Council
Members/Commissioners present.
Mayor Pro Tem Gafin announced that the City Council has unanimously agreed to terminate
the Employment Agreement with Chades S. Vose, our current City Attorney and Economic
Development Director, and directed staff to initiate the process to retain a law firm to provide City
Attorney Services and begin the recruitment process for a new Economic Development Director,
The effective date of this termination will be July 1 , 2007, which will be consistent with Mr. Vose’s
retirement from the City of Downey.
ADJOURNMENT: 9:23 p.m.
J
L
RICK IREJO, Mayor'/Chairperson
MMM,
KATHLEEN L. iMiDSTOKKE, City Clerk/Secretary
City Council/Community Dev. Comm. Minutes (adj.) 02/27/07 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
FEBRUARY 27, 2007
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
1
2
3
3
Ord. #07-1206; Moratorium 7447 Firestone, Johnie's Broiler
Non-Agenda Public Comment
Council Minutes: Reg. & Adj. Mtg. 2/13/07
Warrants: #220380-220768; Wire Nos. 305-307,30001385 -
30001393, $3,554,065.76
Agreement Extension, Bronstein Co., Inc.
Entertainment Permit, Hully Gully-9559 Imperial, Hrg. Officer.
Reso. #07-6972-Prohibit Prkg. Paramount/Florence 800ft.
Reso. #07-6973-Final PM #60925, 9804 Brookshire Ave.
Ord. #07-1 207-DMC Amendment Speed Limits, Tweedy Ln.
CC #S.S.585-Imperial Hwy. Traffic Safety Improvements
Adopted
Approved
Approved
Approved
Referred
3
3
3
3
3
3
4
5
6
6
Adopted
Adopted
Adopted
Cont. to
03-13-07
Placement of Council Comments on Agenda
Council Member Announcements/Request for Future Agenda Items
Approved
Staff Comments
Adjournment
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
FEBRUARY 27, 2007
The City Council of the City of Downey held a Regular Meeting at 7:35 p.m., February 27,
2007, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey,
California, Mayor Rick Trejo presiding.
PRESENT:Council Members:
Rick Trejo
David R. Gafin
Kirk O. Cartozian
Anne M. Bayer
Mario A. Guerra
Mayor
Mayor Pro Tem
ALSO PRESENT:Gerald Caton, City Manager
Charles S. Vose, City Attorney/Economic Development Director
Lee Powell, Assistant City Manager
Kathleen L. Midstokke, City Clerk
Scott Pomrehn, Assistant to the City Manager
Linda Haines, Development Services Director
John Michicoff, Finance Director
Thad Phillips, Community Services Director
John Godlewski, City Planner
Jim McCulloch, Police Captain
Brian Ragland, Deputy Public Works Director
Jeff Turner, Assistant Fire Chief
Susan Domen, Secretary to the City Clerk
PUBLIC HEARING:
1.REQUEST TO EXTEND MORATORIUM FOR PROPERTY LOCATED AT 7447 EAST
FIRESTONE BOULEVARD (FORMERLY JOHNIE’S BROILER): Development Services.
A. ADOPTED ORDINANCE NO. 07-1206, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY EXTENDING FOR A PERIOD OF TEN MONTHS AND FIFTEEN
DAYS A MORATORIUM ON THE APPROVAL OF ANY SUBDIVISIONS. USE PERMITS.
VARIANCES, OR ANY OTHER APPLICABLE ENTITLEMENT WHICH WOULD ALLOW
FOR THE DEVELOPMENT OF THE PROPERTY LOCATED AT 7447 EAST FIRESTONE
BOULEVARD AND COMMONLY KNOWN AS JOHNIE’S BROILER, DECLARING THIS
AN INTERIM ORDINANCE, AND SErrING FORTH FACTS CONSTITUTING THE SAME
AS AN URGENCY ORDINANCE.
Mayor Trejo opened the Public Hearing at 7:36 p.m. City Clerk Midstokke affirmed receipt
of the Proof of Publication. It was moved by Member Pro Tem Gafin, seconded by Council Member
Cartozian and so ordered to receive and file. City Clerk Midstokke affirmed receipt of
correspondence consisting of one letter and one email. It was so ordered by the Mayor to receive
and file
City Council Minutes 02/27/07 -1-
City Planner Godlewski presented a staff report stating that the moratorium will expire on
March 6th. The subject property has potentially significant historical value which should be evaluated
under a Historical Preservation Ordinance that is being drafted. An extension of the moratorium
would allow staff the time to prepare and have the ordinance adopted.
Mayor Pro Tem Gafin asked if the moratorium could be lifted earlier and was told yes.
Council Member Guerra asked if the moratorium could be extended as well and was told yes.
Mike Buhler, LA Conservancy, applauded the City Council for being responsive to concerns
from the public to date; for taking care of the graffiti; and for allowing the Conservancy to review the
site clean-up plan
The following persons spoke in regards to this matter:
Analisa Hungerferd
Mary Anderson
Kathleen Perez
John McDonald
Carol Holiday
Erik Funk
It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Gafin and so
ordered to close the Public Hearing, the time being 7:50 p.m.
Council Member Cartozian stated this item is clear in that it extends the moratorium, showing
that it is going to take some time, and will allow the City time to consider its options.
Council Member Guerra mentioned that the turn out at the Ghost Cruise was phenomenal
and brought back many memories. He continued that this item will stop everything and that the
investigation should be completed in a couple of weeks.
Mayor Pro Tem Gafin noted that the Council has stuck together uniformly while the
investigation is being completed and the City is not wavering on the injustice of this incident.
Mayor Trejo stated that he hopes everyone will continue to work together and something
good will come of it.
It was moved by Council Member Cartozian, seconded by Council Member Bayer and
unanimously carried to adopt the urgency Ordinance.
NON-AGENDA PUBLIC COMMENT:
James Sneddon, resident of Whittier, thanked the Downey Fire Department for their
assistance with his mother on a 91 1 phone call this past month, noting Captain Brown led the group
of seven fire personnel who all conducted themselves in a professional manner.
Jim Rodriguez, resident of Downey, noted his excitement at the new Learning Center and
Park being built, however, feels that the parking and fencing around the property needs to be
addressed as he feels it is going to have a great impact on the residential area along Clark Avenue.
Mark Niehaus, resident of Downey, complimented Mayor Pro Tem (Dann on his Town Hall
meeting series and encouraged other Council Members to do the same; noted he has been
collecting signatures on a historical preservation petition and met two mothers that could use the
assistance of CDBG funds; and stated that he supports the taping of the Council meetings.
City Council Minutes 02/27/07 -2-
Lennie Whittington, resident of Downey, noted his concerns about the graffiti at Johnie’s
Broiler and suggested that removing the graffiti right away and providing a more secure fence would
help to alleviate this.
CONSENT CALENDAR:
It was moved by Mayor Pro Tem Gafin, seconded by Council Member Cartozian, and
unanimously carried to approve the Consent Calendar items as recommended:
2.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings February 13,
2007: City Clerk.
3.APPROVED WARRANTS ISSUED: Nos. 220380 – 220768; Wire Nos. 305 – 307:
30001385 – 30001393; in the total amount of $3,554,065.76: Finance.
4.APPROVED EXTENSION OF ON - CALL REAL ESTATE APPRAISAL SERVICES
AGREEMENT WITH THE BRONSTEIN COMPANY, INC.: Public Works.
5.REFERED TO HEARING OFFICER APPEAL OF CONDITIONS OF AN ENTERTAINMENT
PERMIT FOR HULLY GULLY LOCATED AT 9559 IMPERIAL HIGHWAY: Administration.
6.ADOPTED RESOLUTION NO. 07-6972, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY PROHIBITING PARKING OF VEHICLES ON BOTH SIDES OF
PARAMOUNT BOULEVARD, A DISTANCE OF APPROXIMATELY 800 FEET NORTH OF
FLORENCE AVENUE: Public Works.
7.ADOPTED RESOLUTION NO. 07- 6973, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP
NO. 60925 (9804 BROOKSHIRE AVENUE), APPROVING AN AGREEMENT WITH THE
SUBDIVIDER AND ACCEPTING A DEPOSIT AS SURETY: Public Works.
8.ADOPTED ORDINANCE NO. 07-1207, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE
RELATING TO THE SPEED LIMITS FOR TWEEDY LANE: Public Works.
ADMINISTRATIVE REPORTS:
9.CASH CONTRACT NO. S.S. 585 – IMPERIAL HIGHWAY TRAFFIC SAFETY
IMPROVEMENTS: AWARD CONTRACT TO PALP. INC.. DBA EXCEL PAVING
COMPANY IN THE AMOUNT OF $2,466,160.50; AND APPROPRIATE $1 .5 MILLION
FROM PROP C FUNDS AND $1.1 MILLION FROM GAS TAX FUNDS: Public Works.
Deputy Public Works Director Ragland presented a staff report explaining that this project will
improve traffic safety, traffic flow and corridor aesthetics along Imperial Highway. With the
construction of raised medians, relocation of traffic signals, some minor street widening, landscaping
and new sidewalk construction between Brock Avenue and Verdura Avenue it will also
accommodate future growth in the area.
Council Member Guerra stated that he took a tour of the area with the public Works Director
and noted that he has concerns with the area in front of La Reina Avenue that will be dramatically
affected. He then questioned if all of the residents in the area have been properly notified of the
changes that will impact them.
City Council Minutes 02/27/07 -3-
Mayor Pro Tem Gafin asked if the City notifies residences within 500 feet and was told no,
not on Public Works projects.
City Manager Caton mentioned that the City Council could have their discussion and then
hold the item over to the next meeting to allow for staff to walk the neighborhood.
Council Member Cartozian explained that these are engineering formulas used to determine
how to move cars along expeditiously and noted that any changes would effect these formulas.
Mayor Pro Tem Gafin agreed that the item should be held over and staff should walk the
area
Mayor Trejo noted that sidewalks improve safety in the neighborhood for the residents as
well as the children going to school.
It was moved by Mayor Pro Tem Gafin, seconded by Council Member Guerra and
unanimously approved to direct staff to walk the neighborhood for resident input and bring this
item back at the March 13 Council meeting.
Prior to the vote, Richard Pridham, resident of Downey, inquired as to when the project will
begin and how long would it take to complete.
John Lacey, resident of Downey, asked that consideration of extending the project to the
City’s boundaries and it was explained that this is just one part of a multi-phased project.
OTHER BUSINESS:
10.PLACEMENT OF COUNCIL COMMENTS ON CITY COUNCIL AGENDA: City Clerk.
City Clerk Midstokke presented a staff report noting the history of the placement of this item
on the agenda and noted that it has changed three times at the request of the current Mayor. She
continued that the Downey Municipal Code section 2105 a) states: “At the end of the regular City
Council Meeting, staff and members of the City Council may present any other business that is
appropriate for City Council consideration. Unless permitted by the Brown Act, the Council may not
discuss such items or take action upon them, but an individual Council Member may request that
any such items be placed upon a future agenda for consideration by the Council." City Clerk
Midstokke noted that the Council could request a Code amendment to permanently move this item
on the agenda; or leave it at the discretion of the current Mayor.
Mayor Pro Tem Gafin asked for clarification on the options available and if they weren’t in
violation of the Code by allowing it to move at the request of the Mayor and was informed that there
are certain discretionary actions a Mayor can make that are not a permanent change.
Council Member Guerra stated that he feels the item should be moved up because there is
no one left at the end of the meeting to hear their comments and it would give them the opportunity
to respond to comments made during Non Agenda Public Comment. He also stated that he feels it
should be a permanent move and not left up to the current Mayor.
Council Member Cartozian noted that he feels it should be moved up; however, it should
precede Presentations and Non Agenda Public Comments as the citizens here for presentations
tend to leave after they are done, noting that is the way the School Board handles it.
Mayor Pro Tem Gafin stated that he feels it should be after Non Agenda Public Comment so
that Council has the opportunity to direct staff to handle a situation that might have been brought up.
City Council Minutes 02/27/07 -4-
Council Member Cartozian noted that it is the Mayor’s job to direct the staff to handle an item
and added that Council may answer citizens questions during their comments if it is prior to the Non
Agenda Public Comment.
Council Member Bayer explained that she feels the item should be at the end of the agenda
as they should follow the Code and set an example to the citizens and questioned how they could
direct staff to handle something before all of the items had been discussed.
Mayor Trejo mentioned that it was placed at the end originally since the Council is there to
listen to the concerns of the citizens and respond to them, not to make them sit and listen to the
Council. He also stated that it has worked in the past and doesn’t see the need to change it.
Lennie Whittington, resident of Downey, stated that it had been at the end for most of 32
years he’s been in attendance and noted that he feels the Council should let the public speak and
just listen to their concerns.
Mark Knihieus, resident of Downey, suggested they bring up views on items in the beginning
of the meeting and then answer questions at the end.
It was moved by Council Member Guerra to move Council Comments up to the beginning of
the agenda and the motion died for lack of a second.
Council Member Cartozain noted that he was the first Mayor to move it up. He feels stupid
when talking to an empty audience and during his term as Mayor he had it on the agenda at the
beginning and end, however, he does want to show respect to the Mayor and how he would like his
meeting run.
It was moved by Council Member Cartozian, seconded by Mayor Trejo and unanimously
carried to place Council Announcements at the very beginning of the meeting and to leave
Conference and Meeting Reports as well as Council Requests at the end of the meeting.
OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items:
A. CONFERENCE AND MEETING REPORTS.
ANNOUNCEMENTS OR REQUESTS FOR FUTURE AGENDA ITEMS:
Council Member Bayer mentioned that she attended a SEAACA meeting and noted a new
law as of January 1 ;t, no animal can be left in car for more than 3 hours or it is misdemeanor
violation; noted she attended a Council of Governments (COG) meeting, the PTA Helps luncheon
and a Keep Downey Beautiful cleanup on February 17th.
Council Member Cartozian noted that he attended the PTA Helps room today; he also
attended the 3'd annual Unity in the Community celebration; and requested that staff look at a vision
for downtown Downey, requested the downtown subcommittee work with staff and bring something
to Council within the next six months.
City Council Minutes 02/27/07
Council Member Guerra congratulated the Youth in Government program held by the YMCA;
requested that the proposed Ordinance re: vehicles for sale on the streets be brought back to
Council; requested the Police Department to enforce the yellow curbing west of the 99# Store at
Stewart & Gray Road and Paramount Boulevard; noted he attended the Ponytail Opening Day last
Saturday and noted that North West Downey Little Leagues will be next week; he attended PTA
helps room today; had the opportunity to read to the children at Alameda Elementary School; and
announced that the annual Arc Walk will be held on March 24th
Mayor Pro Tem Gafin announced that his town hall series meetings will commence on
Thursday at 6 p.m. and that there were flyers on the back table with the scheduled dates; and he
would like to have staff look into Mr. Rodriguez comments about fencing and parking at the Learning
Center and park, with a report back to Council addressing concerns and mitigation measures.
Mayor Trejo announced that the groundbreaking ceremony for the Learning Center and Park
will be during Spring break week on April 10th; and he said he was sorry he did not attend Ponytail
Opening Day due to a conflict with his son’s team that he coaches.
STAFF MEMBER COMMENTS:
City Manager Caton reported that he had a visit from the General Manager of Stonewood
MaII who indicated that maII sales were up over 5% last year and that Downey Landing is not taking
away from them. He commended Stonewood for bringing in superior national tenants and
mentioned that they are working on getting another sit down restaurant and investing a lot in
remodling
The meeting recessed to Closed Session the time being 8:59 p.m.
The meeting reconvened in Open Session with all Council Members present at 9:22 p.m.
ADJOURNMENT: 9:23 p.m.
The meeting adjourned at 9:23 p.m. to 6:30 p.m. March 13, 2007.
l 7
AIA/TA't /
MKTREJE@TKATHLEEN L. MIDSTOKKE, City Clerk
City Council Minutes 02/27/07