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HomeMy WebLinkAboutMinutes - 09-11-07 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING SEPTEMBER 11, 2007 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 8:07 p.m., September 11, 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 M. Caton, City Manager/Executive Director Dean Durliff, Acting City Attorney/Agency Counsel Kathleen L. Midstokke, City Clerk/Secretary Lee Powell, Assistant City Manager Scott K. Pomrehn, Assistant to the City Manager PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS:None APPROVED CLOSED SESSION MINUTES: July 24, August 28, and August 30, 2007. It was moved by Council Member/Commissioner Cartozian, seconded by Council Member/Commissioner Bayer 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 (8:08 p.m.) to discuss matters under the authority of the following section of the Government Code: 1. Government Code Section 54957 – Public Employee Appointment – positions of Economic Development Director and Public Works Director. RECONVENED The meeting reconvened in Open Session at 8:38 p.m. Qth all Council Members/Commissioners present. Acting City Attorney/Agency Counsel Durliff announced that the City Council unanimously approved the two appointments, which will be further announced as soon as the appointees have been contacted. City Council/Community Dev. Comm. Minutes (adj.) 09/1 1/07 -1 - ADJOURNMENT 8:40 p.m M4a&u.%J24zaAgJ City Clerk/SecretaryKATHLEEN L MIDSTOKKE l RICK TREJO, La, MMe City Council/Community Dev. Comm. Minutes (adj.) 09/1 1/07 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING SEPTEMBER 11, 2007 The City Council of the City of Downey held a Regular Meeting at 7:35 p.m., September 1 1, 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 Dean Durliff, Acting 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 Rick Esteves, Police Captain Linda Haines, Development Services Director John Michicoff, Finance Director Thad Phillips, Community Services Director Mark Sauter. Fire Chief David Blumenthal, Senior Planner Sheila Pautsch, Recreation Manager Ed Velasco, Housing Manager Susan Domen, Secretary to the City Clerk COUNCIL MEMBER ANNOUNCEMENTS: Council Member Cartozian commented on the loss of lives in the September 1 1 th tragedy stating he was a history teacher at Downey High School at the time. He mentioned that his grandmother passed away yesterday, noting that her writings always included: “God Bless America”. Council Member Guerra stated that it is a day for mourning and celebration of our country; noted he had attended a Gangs Out of Downey meeting last week with Mayor Pro Tem Gafin where the Character Counts program was discussed and noted three points: in the School District expulsions are down, suspensions have been reduced by 1 100 days, and an additional 35 teachers have been trained this summer in the program; he attended a Neighborhood Watch meeting last week and is invited to one this Sunday; announced the Police and Fire Golf tournament on October 15th at Rio Hondo Country Club; stated the City is receiving compliments on Concerts in the Park; announced that on Thursday he is being installed on the Board of Directors of the Independent Cities Association; and wished a Happy 50th Birthday to Police Chief Campos. Mayor Pro Tem Gafin announced that this Saturday the Chamber of Commerce is putting on a concert by the Beach Toys at the Civic Theatre. City Council Minutes 09/1 1/07 -1- Mayor Trejo stated that the City had been conducting the Concerts in the Park since 1961 and that it has always been a priority for the Council to continue the program. PUBLIC HEARING: 1.APPEAL OF THE DENIAL OF ZONE VARIANCE NO. 07-84 – REQUEST TO DEVIATE FROM MAXIMUM ALLOWABLE AMOUNT A DETACHED ACCESSORY STRUCTURE CAN ENCROACH INTO THE REQUIRED REAR YARD SETBACK, FOR PROPERTY AT 13108 CORNUTA AVENUE: Development Services. A ADOPT RESOLUTION NO. 07- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING AN APPEAL, THEREBY UPHOLDING THE PLANNING COMMISSION’S DENIAL OF ZONE VARIANCE NO. 07-84, A REQUEST TO DEVIATE FROM THE MAXIMUM ALLOWABLE AMOUNT A DETACHED ACCESSORY STRUCTURE CAN ENCROACH INTO THE REQUIRED REAR YARD SETBACK, FOR PROPERTY LOCATED AT 13108 CORNUTA AVENUE, WHICH IS ZONED R-1 5,000 (SINGLE FAMILY RESIDENTIAL). Mayor Trejo opened the Public Hearing at 7:43 p.m. Mayor Trejo stated the applicant has requested that this item be continued. He asked if anyone is present to give testimony that will not be able to attend on September 25th and no one responded. It was moved by Mayor Pro Tem Gafin, seconded by Council Member Bayer and unanimously carried to open the Public Hearing and continue it to September 25, 2007. NON-AGENDA PUBLIC COMMENT: Guy Sterner, owner of the business at 8145 Firestone Boulevard, presented a flyer to the Council, from the City of Whittier on parking issues and stated that he feels Downey needs to have a higher priority on parking enforcement in the Downtown area. Kim Tachiki, Senior Advisor for Congresswoman Lucille Roybal-Allard introduced herself as the new City liaison and announced that on October 27th the Congresswoman will attend the Service Academy Workshop at the Downey City Library. Harold Tseklenis, resident of Downey, asked if there is a way that a citizen can put an item on the agenda without having to go through a Council Member. Stephanie Sines, resident of Downey, thanked Director Alvarez for the changes made on Suva Street so far and reiterated the need for a 4 way stop at Guatemala Avenue and Suva Street. CONSENT CALENDAR – ITEMS FOR REMOVAL: 7 ADOPT RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SETTING THE FINE SCHEDULE IN REGARDS TO PARKING PENALTIES AND OTHER RELATED CHARGES FOR PARKING VIOLATIONS WITHIN THE CITY: Administration. This item was pulled by Council Member Cartozian (per Guy Sterner’s request) and is listed under Other Business below. City Council Minutes 09/1 1/07 -2- 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: 2.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings August 28, 2007; Special Meeting August 30, 2007: City Clerk. 3.APPROVED WARRANTS ISSUED: Warrant Nos. 225361 – 225715: Wire No. 333, 30001511 – 30001519; in the total amount of $2,308,441.95: Finance. 4.CASH CONTRACT NO. 655: COLUMBIA MEMORIAL SCIENCE AND SPACE LEARNING CENTER: APPROVED AMENDMENT TO AGREEMENT WITH SMITH-EMERY IN THE AMOUNT OF $35,000 FOR STRUCTURAL TESTING AND INSPECTION SERVICES: Public Works. 5.AUTHORIZED REPLACEMENT OF THE HEATING, VENTILATION AND AIR CONDITIONING UNIT AT FIRE STATION NUMBER ONE AND APPROPRIATED $8,500 FROM THE EQUIPMENT REPLACEMENT FUND: Fire. 6.APPROVED AGREEMENT WITH REDDINET FOR FIRE DEPARTMENT EMERGENCY MEDICAL COMMUNICATIONS SERVICES AND EQUIPMENT FOR $10,500: Fire. 8.ADOPTED RESOLUTION NO. 07-7026, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING CITY REPRESENTATIVES TO ACQUIRE FEDERAL SURPLUS PROPERTY: Finance. 9.ADOPTED RESOLUTION NO. 07-7027. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING CLASS SPECIFICATIONS AND ESTABLISHING SALARY RANGES FOR SPECIFIED POSITIONS: Administration. 10.ADOPTED RESOLUTION NO. 07-7028, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY FIRE MANAGEMENT ASSOCIATION (JUNE 1, 2006 – JUNE 30, 2010): Administration. 11.INTRODUCED 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 CECILIA AND FIFTH STREET: Public Works. 12.INTRODUCED 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 TELEGRAPH ROAD: Public Works. OTHER BUSINESS: 13.WAIVED FEES FOR DOWNEY COUNCIL PTA FOR USE OF THE BOGGS AUDITORIUM AND THE KITCHEN AT THE BARBARA J. RILEY COMMUNITY AND SENIOR CENTER FOR MEETINGS ON MARCH 3 AND JUNE 2, 2008: Council Member Guerra. Council Member Guerra stated that he was approached by the Downey PTA and Downey Unified School District Superintendent Wendy Doty requesting that the fees charged for the use of these two rooms be waived to encourage the continued good working re[ationship' between the School District and the City. City Council Minutes 09/1 1/07 -3- Council Member Cartozian stated that this type of situation arises frequently and questioned how this can be justified without setting a precedent. City Manager Caton explained that there are a lot of shared uses between the School District and the City where there is no charge. He continued that it was not clear at the time of the initial request that they are an official arm of the School District and that staff does support this item. It was moved by Council Member Guerra, seconded by Mayor Pro Tem Gafin to waive the fees on March 3 and June 2, 2008. The motion carried, noting the dissention of Council Member Bayer CONSENT CALENDAR – ITEMS REMOVED BY COUNCIL APPROVAL: 7.ADOPTED RESOLUTION NO. 07-7025, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SErrING THE FINE SCHEDULE IN REGARDS TO PARKING PENALTIES AND OTHER RELATED CHARGES FOR PARKING VIOLATIONS WITHIN THE CITY: Administration Guy Sterner, resident of Downey, questioned who will enforce these violations. Assistant City Manager Powell stated that this does not change the way parking rules are enforced and that they will continue to be enforced by Police Officers and Code Enforcement Officers. It was moved by Mayor Pro Tem Gafin, seconded by Mayor Trejo and unanimously carried to adopt the Resolution. COUNCIL MEMBER REQUESTS FOR FUTURE AGENDA ITEMS: Mayor Pro Tem Gafin requested an updated report on Council Requests. Council Member Guerra requested an update on the renewal of the Neighborhood Watch Program. STAFF MEMBER COMMENTS: City Manager Caton, in response to Harold Tseklenis, clarified there is no way for a citizen to directly put items on the agenda without going through a Council Member. ADJOURNMENT: 8:07 p.m. The meeting adjourned at 8:07 p.m. to 6:30 p.m. September 25, 2007, in memory of Sr. Merlyn Galway, Sisters of Holy Faith, teacher and former Principal at St. Raymond’s Catholic School and longtime Downey resident; and Frank Gasdia, relative of Mayor Trejo, founding member of Golf Course Authority and longtime Downey resident; and Frances Conger, Senior at Downey High School and Downey resident; and all those who lost their lives on September 11, 2001, including family members of resident Lennie Whittington.. a\u+ C_'L_ RICK TREJO, MayorKATHLEEN L. MIDSTOKKE, City Clerk City Council Minutes 09/1 1/07 -4-