HomeMy WebLinkAboutMinutes - 08-28-07 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
AUGUST 28, 2007
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:33 p.m., August 28, 2007, in the Council Chamberof 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 M. Caton, City Manager/Executive Director
Edward W. Lee, City Attorney/Agency Counsel
Kathleen L. Midstokke, City Clerk/Secretary
Lee Powell, Assistant City Manager
Scott K. Pomrehn, Assistant to the City Manager
Desi Alvarez, Director of Public Works
Kristin Mendenhall, Special Legal Counsel
PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None.
APPROVED CLOSED SESSION MINUTES: August 14, 2007.
It was moved by Mayor Pro Tem/Vice-Chairperson Gafin, seconded by
Councilmember/Commissioner Guerra and unanimously carried to approve the Closed Session
Minutes.
RECESSED TO CLOSED SESSION:
Mayor/Chairperson Trejo announced the Council/Commission is ncessing to Closed
Session (6:34 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 Downey Fire Management Association.
2. Government Code Section 54957 – Public Employee Appointment – position of
Community Development Director.
3. Government Code Section 54956.8 – Conference with real property negotiator Desi
Alvarez re: property at 8845 Imperial Highway; negotiating party: James Kriss; under
negotiations: price and terms of payment.
City Council/Community Dev. Comm. Minutes (adj.) 08/28/07 -1 -
RECONVENED:
The meeting reconvened in Open Session at 7:31 p.m. dth all Council
Members/Commissioners present. There were no Closed Session actions to report
ADJOURNMENT: 7:31 p.m.
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KATH!.EEN L. MIDSTOKKE, City Clerk/Secretary Bf8RTTE–B:mmnBFs–a
City Council/Community Dev. Comm. Minutes (adj.) 08/28/07 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
AUGUST 28, 2007
The City Council of the City of Downey held a Regular Meeting at 7:35 p.m., August 28,
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 M. Caton, City Manager
Edward W. Lee, City Attorney
Lee Powell, Assistant City Manager
Kathleen L. Midstokke, City Clerk
Scott K. Pomrehn, Assistant to the City Manager
Desi Alvarez, Public Works Director
Roy Campos, Police Chief
Linda Haines, Development Services Director
John Michicoff. Finance Director
Thad Phillips, Community Services Director
Mark Sauter, Fire Chief
Kristin Mendenhall, Special Legal Counsel
Jessica Flores, Planner II
Brian Ragland, Deputy Director of Public Works
Susan Domen, Secretary to the City Clerk
At this time, City Attorney Lee announced that there is a need to place an additional item on
tonight’s agenda, approval of the final Subdivision Map of Parcel Map No. 62918. The item came to
the attention of the City after the preparation of the agenda and it needs immediate attention
pursuant to Government Code Section 54954.2(b)(2). By unanimous vote, the City Council added
the item as # 18 to the Consent Calendar.
COUNCIL MEMBER ANNOUNCEMENTS:
Council Member Guerra announced that he had participated in the conference call on Friday
which addressed the State recently adopted budget and the impacts on the local cities, indicating
that law enforcement, education and gang prevention was all fully funded; thanked Council Member
Cartozian for his efforts as President of the Orangeline Authority, indicating that the Governor is in
favor of the project; announced that tomorrow will be the last Concert in Park for this year; and that
on October 17th at Apollo Park he will conduct a town meeting and everyone is welcome to attend.
Council Member Cartozian explained that the Orangeline is a proposed high-speed Maglev
project proposed from Palmdale to Irvine, noting Santa Ana just joined at the fifteenth City in the
Authority; and announced that next week he will be attending the League of California Cities Annual
Conference in Sacramento.
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Council Member Bayer noted that applications are being accepted through September 12th
for the Police Citizens Academy.
Mayor Trejo stated that he had recently attended the County of Los Angeles Sanitation
Districts Meetings and there are pending major issues due to the capacity of the La Puente landfill.
PRESENTATIONS:
A.Medal of Valor recipients: Sergeant Edward Kelly, Corporal Christopher Kurtz,
Corporal Kevin McCaster, Corporal Nathan Weinrich and Captain Michael Scannell.
Award of Merit recipients: Engineer Kevin Kim, Firefighter Sergio Zavala and Public
Safety Dispatcher Margarita Wells.
RECESS:
A recess was called by the Mayor at 8:12 p.m. and the meeting reconvened at 8:23 p.m.,
with all Council Members present.
PUBLIC HEARING:
1.CONFORMANCE WITH METROPOLITAN TRANSPORTATION AUTHORITY’S (MTA)
CONGESTION MANAGEMENT PROGRAM (CMP): Development Services.
A. ADOPTED RESOLUTION NO. 07-7016, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY FINDING THE CITY TO BE IN CONFORMANCE WITH THE
CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL
DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE
SECTION 65089: Development Services.
Mayor Trejo opened the Public Hearing at 8:23 p.m. City Clerk Midstokke affirmed receipt
of the Proof of Publication. It was moved by Mayor Pro Tem Gafin, seconded by Council Member
Bayer and so ordered to receive and file.
Development Services Director Haines presented a staff report explaining that the
Metropolitan Transportation Authority mandates that local jurisdictions within Los Angeles County
adopt a Resolution of Conformance at a Public Hearing. The Resolution self-certifies that Downey is
in conformance with the 2004 Congestion Management Plan as mandated by Government Code
Section 65089.4. For fiscal year 2006/07, the City’s estimated share of State gas tax monies are
approximately $691 ,000.00.
Council Members Cartozian, Guerra and Mayor Pro Tem Gafin thanked staff for doing an
excellent report and presentation on a subject that is somewhat hard to understand.
Noting no one coming forward to speak, it was moved by Council Member Guerra, seconded
by Council Member Bayer and so ordered to close the Public Hearing at 8:25 p.m.
It was moved by Mayor Pro Tem Gafin, seconded by Council Member Bayer and
unanimously carried to adopt the Resolution.
City Council Minutes 08/28/07 -2-
2.CONSIDERATION OF ADOPTION OF A RESOLUTION OF NECESSITY TO ACQUIRE
PROPERTY LOCATED ON THE NORTHWEST CORNER OF LAKEWOOD BOULEVARD
AT IMPERIAL HIGHWAY: public Works.
A. ADOPTED RESOLUTION NO. 07-7017, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY FINDING AND DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION OF A
PORTION OF REAL PROPERTY LOCATED AT 8845 IMPERIAL HIGHWAY.
Mayor Trejo opened the Public Hearing at 8:27 p.m. City Clerk Midstokke affirmed receipt
of the Proof of Publication. It was moved by Council Member Cartozian, seconded by Mayor Pro
Tem Gafin and so ordered to receive and file. Correspondence was noted from John Dietrick,
dated August 15, 2007, requesting to be heard on this matter.
Public Works Director Alvarez gave a staff report including a Power Point presentation
highlighting the needs for the Lakewood Boulevard Improvement project including traffic safety,
excessive and long traffic congestion, neighborhood intrusion and speeding, and poor roadway
conditions. He continued noting the high mid-block accident history, which is about thirty percent
(30%) higher than the average of the rest of the City; and noted that seven of the worst fifty roadway
segments in the City are on Lakewood Boulevard. The major intersection accidents include three
(on Lakewood Boulevard) of the fifteen major intersections, which are among the top ten worst
intersections in the City. The traffic safety issues include turning radius, acceleration/deceleration
ability, sight distance and damage to existing pavement.
Director Alvarez continued that future traffic impacts include the Downey Landing shopping
center, Downey Studios/Commercial District, Kaiser Hospital and regional growth. The project goals
include mitigating traffic safety issues, reduce traffic congestion, accommodate future growth,
minimize right-of-way purchases, beautify the corridor and encourage pedestrian activities. The
project improvements include three lanes of traffic in each direction, landscaped medians and
sidewalk improvements. It includes the entire length of the City within three phases. The City has
acquired all the necessary property for this phase with the exception of a portion of the property at
8845 Imperial Highway.
James Kriss, property owner of 8845 Imperial Highway, submitted and read from a letter
from Jim Kriss and Associates, Signal Hill. He stated that he and his brother have owned the
property since 1987, which is leased to Conroy’s Flowers, licensed and controlled by 1-800-Flowers
Inc. and subleased to the franchisee. He noted that initial discussions regarding the project started
in 2002 and there have been many changes. Reading from the letter, he indicated, among other
things, that the project has not been planned in a manner which promotes the greatest public good
and least private injury; that the City’s offer did not contain complete information; the appraisal
methodology is flawed; and that the City has failed to negotiate in good faith.
Kristin Mendenhall, Special Counsel for the City of Downey, indicated that there are four
findings to be addressed this evening in regards to the adoption of the Resolution of Necessity.
They include: (1 ) the public interest and necessity require the proposed project; (2) the proposed
project is located in the manner that will be most compatible with the greatest public good and least
private injury; (3) the property is necessary for the proposed project; and (4) the offer has been
properly made to the owners of record. She concluded that all the legal requirements have been
met
Noting no further speakers, it was moved by Mayor Pro Tem Gafin, seconded by Council
Member Cartozian and so ordered to close the Public Hearing at 8:50 p.m.
Council Member Guerra indicated that the project is needed for public safety, that it will not
close the business or change the building.
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Mayor Pro Tem Gafin indicated he was on the Council subcommittee with Council Member-
Bayer, that they have reviewed the project extensively and that the impact of the project has been
lessened by the changes made, which do not require relocation of the subject business.
Council Member Cartozian noted that five or six years ago the State turned over Lakewood
Boulevard to the City with the intention that the City complete $19 Million in improvements and
maintenance. He understands that all the legal requirements have been met and this will result in
the greatest good for the public.
Council Member Bayer thanked Special Counsel Mendenhall for her report and especially
that it was presented in a way the public could understand.
Mayor Trejo noted that the project will increase safety and improve traffic flow.
It was moved by Mayor Pro Tem Gafin, seconded by Council Member Bayer and
unanimously carried to adopt the Resolution.
NON-AGENDA PUBLIC COMMENT:
The following people spoke regarding the change in the timing of the signal at Suva Street
and how it has negatively affected the residents of the Island area:
Jerry Rogers
Laura Vallareal
Jane Kimberley
Margarita Franco Rogers
Lucy Rivero
Debbie Cochran
William Buell
Randy Evans
William Parker
Trudy Coleman, resident of Downey, stated that she walks around Downey and the area of
Paramount Boulevard and Stewart and Gray Road and reports graffiti on a regular basis. She noted
the number of newspaper racks bolted to the sidewalk and how unsightly they are.
John Lacy, resident of Downey, congratulated the Medal of Valor recipients and noted that
there may be an increased number of abandoned homes in Downey due to foreclosure and the City
should address this potential problem.
Jose Gonzales, resident of Downey, complained that his dogs were seized out of his vehicle
recently and questioned the authority of Southeast Area Animal Control Authority (SEAACA) in
taking that action.
CONSENT CALENDAR – ITEMS FOR REMOVAL:
6.APPROVE AGREEMENT WITH DOWNEY UNIFIED SCHOOL DISTRICT TO JOINTLY
FUND THE SCHOOL SAFETY POLICE PROGRAM: Police. This item was removed at the
request of Council Member Guerra and is listed under Other Business below.
7.APPROVE POLICY REGARDING PARTICIPATION IN FUNDING IMPROVEMENTS TO
CITY FACILITIES BY NON-PROFIT ORGANIZATIONS: Community Services. This item
was removed at the request of Council Member Guerra and is listed under Other Business
below
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12.ADOPT RESOLUTION NO. 07- . A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY PROHIBITING PARKING OF VEHICLES ON BOTH SIDES OF
PARAMOUNT BOULEVARD BETWEEN GARDENDALE STREET AND STEWART AND
GRAY ROAD FROM 6:00 TO 9:00 A.M. AND 3:00 TO 6:00 P.M. AND RESTRICTING
PARKING TO TWO HOURS MAXIMUM DURING ALL OTHER HOURS: Public Works. This
item was removed at the request of Council Member Guerra and is listed under Other
Business below.
CONSENT CALENDAR:
It was moved by Council Member Cartozian, seconded by Council Member Bayer, and
unanimously carried to approve the remainder of the Consent Calendar items as recommended:
3.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings August 14, 2007:
City Clerk.
4.APPROVED WARRANTS ISSUED: Warrant Nos. 225025 – 225360; Wire No. 332,
30001502 – 30001510; in the total amount of $6,322,920.75: Finance.
5.SET PUBLIC HEARING FOR SEPTEMBER 11, 2007 FOR APPEAL OF THE DENIAL OF
ZONE VARIANCE NO. 07-84 – REQUEST TO DEVIATE FROM MAXIMUM ALLOWABLE
AMOUNT A DETACHED ACCESSORY STRUCTURE CAN ENCROACH INTO REQUIRED
REAR YARD SETBACK, ON PROPERTY LOCATED AT 13108 CORNUTA AVENUE.
ZONED R-1 5,000 (SINGLE-FAMILY RESIDENTIAL): Development Services.
8.CASH CONTRACT NO. 632-2, LAKEWOOD BOULEVARD IMPROVEMENT PROJECT
PHASE IC AND 2 (MEADOW ROAD TO GARDENDALE STREET); APPROVE PLANS
AND SPECIFICATIONS AND GRANT AUTHORITY TO ADVERTISE FOR BIDS: Public
Works
9.APPROVED LICENSE AND ENCROACHMENT AGREEMENT WITH NEXTG NETWORKS
OF CALIFORNIA, FOR THE INSTALLATION AND OPERATION OF
TELECOMMUNICATIONS EQUIPMENT UPON CITY-OWNED TRAFFIC SIGNAL POLES:
Public Works
10.APPROVED AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
DELPHI PRODUCTIONS IN THE AMOUNT OF $630,000 FOR FABRICATION OF
EXHIBITS FOR THE COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER:
Administration.
11.ADOPTED RESOLUTION NO. 07-7018, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP NO.
66731 (9236 HALL ROAD) BY APPROVING AN AGREEMENT WITH THE SUBDIVIDER
AND ACCEPTING A SUBDIVISION IMPROVEMENT PERFORMANCE BOND AS
SURETY: Public Works.
13.ADOPTED RESOLUTION NO. 07-7020, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY PROHIBITING PARKING ALONG THE NORTH SIDE OF FIRESTONE
BOULEVARD BETWEEN PARAMOUNT BOULEVARD AND RIVES AVENUE: Public
Works
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14.ADOPTED RESOLUTION NO. 07-7021, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY DIRECTING THE PLANNING COMMISSION TO INITIATE A STUDY
OF PARKING REQUIREMENTS IN THE R-2, R-3 AND R-3-O ZONES: Development
Services
15.ADOPTED RESOLUTION NO. 07-7022, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE
RECORDS OF THE FINANCE DEPARTMENT: Finance.
16.ADOPTED RESOLUTION NO. 07-7023, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE
RECORDS OF THE CITY CLERK DEPARTMENT: City Clerk.
17.ADOPTED ORDINANCE NO. 07-1219, 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 SUVA STREET; Public Works
18.ADOPTED RESOLUTION NO. 07-7024, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO.
62918 (8077 – 8111 FLORENCE AVENUE), BY APPROVING AN AGREEMENT WITH THE
SUBDIVIDER AND ACCEPTING AN IRREVOCABLE STANDBY LETTER OF CREDIT AS
SURETY: Public Works.
OTHER BUSINESS:
CONSENT CALENDAR – ITEMS REMOVED BY COUNCIL APPROVAL:
6.APPROVED AGREEMENT WITH DOWNEY UNIFIED SCHOOL DISTRICT TO JOINTLY
FUND THE SCHOOL SAFETY POLICE PROGRAM: Police.
Council Member Guerra noted he removed this item to bring to attention what a excellent
program this is in partnership with the Downey School District. It was moved by Council Member
Guerra, seconded by Council Member Cartozian and unanimously carried to approve the
agreement.
7.APPROVED POLICY REGARDING PARTICIPATION IN FUNDING IMPROVEMENTS TO
CITY FACILITIES BY NON-PROFIT ORGANIZATIONS: Community Services.
Council Member Guerra questioned the requirement of $2 Million in liability insurance and
that this could be a burden on nonprofit organizations, noting that $1 Million is the usual standard.
Community Services Director Phillips noted it is up to $2 Million and that this will not be required in
most cases. Council Member Guerra noted the detail of the form and suggested that it be used for
all nonprofits requesting grant monies from the City. It was moved by Council Member Guerra,
seconded by Mayor Pro Tem Gafin and unanimously carried to approve the policy.
12.ADOPTED RESOLUTION NO. 07-7019, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY PROHIBITING PARKING OF VEHICLES ON BOTH SIDES OF
PARAMOUNT BOULEVARD BETWEEN GARDENDALE STREET AND STEWART AND
GRAY ROAD FROM 6:00 TO 9:00 A.M. AND 3:00 TO 6:00 P.M. AND RESTRICTING
PARKING TO TWO HOURS MAXIMUM DURING ALL OTHER HOURS: Public Works.
Council Member Guerra noted that the proposed Resolution includes not only the two hour
parking restrictions to discourage the sale of vehicles parked for extended periods of time, but also it
prohibits any parking between the hours of 6:00 – 9:00 p.m. and 3:00 – 6:00 p.m. He noted this
City Council Minutes 08/28/07 -6-
could be a potential problem for businesses on the west side of Paramount Boulevard once the
vacant property where the Country Butcher was located becomes occupied. Public Works Director
Alvarez responded that the overall use of the street was being addressed, but he will look into this
aspect in additiona\ detail. It was moved by Council Member Guerra, seconded by Council Member
Bayer and unanimously carried to adopt the Resolution.
COUNCIL MEMBER REQUESTS FOR FUTURE AGENDA ITEMS:
Council Member Bayer requested that playground equipment and lighting be considered for
the Island park.
Council Member Guerra requested that the hours for leaf blowers in commercial zones be
reviewed; and that the problem with abandoned homes due to foreclosures be addressed.
Mayor Trejo requested that the next City Council meeting be adjourned in memory of Frank
Gasdia, his brother-in-law’s father and longtime Downey resident.
ADJOURNMENT: 9:46 p.m.
The meeting adjourned at 9:46 p.m. to 6:30 p.m. September 1 1, 2007.
KATHLEEN L. MIDSTOKKE, City Clerk -RC layor
City Council Minutes 08/28/07