HomeMy WebLinkAboutMinutes - 11-27-07 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
NOVEMBER 27, 2007
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:33 p.m., No\,ember 27, 2007, in the Council Chamberof the
Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Pro Tem/Vice-Chairperson
Dave Gafin presiding
PRESENT:Council Members/Commissioners:
Rick Trejo Mayor/Chairperson
(arrived 6:44 p.m.)
Mayor Pro Tem/Vice-ChairpersonDavid R. Gafin
Kirk O. Cartozian
Anne M. Bayer
Mario A. Guerra
ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director
Edward W. Lee, City Attorney/Agency Counsel
Kathleen L. Midstokke, City Clerk/Secretary
Scott K. Pomrehn, Assistant to the City Manager
Desi Alvarez, Deputy City Manager/Special Projects
Gilbert Livas, Deputy City Manager/Community Development
Steven Yee, Principal Planner
Thad Phillips, Director of Community Services
PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None
APPROVED CLOSED SESSION MINUTES: November 13, 2007.
It was moved by Council Member/Commissioner Bayer, seconded by Council
Member/Commissioner Guerra and unanimously carried (4/0) to approve the Closed Session
Minutes.
RECESSED TO CLOSED SESSION
Mayor Pro Tem/Vice-Chairperson Gafin announced the Council/Commission is ncessing to
Closed Session (6:34 p.m.) to discuss matters under the authority of the following sections of the
Government Code:
1 Government Code Section 54957 – Public Employee Performance Evaluation – City Clerk.
2. Government Code Section 54956.8 – Conference with real property negotiator Gerald Caton
re: property at 8356 Firestone Boulevard (public parking lot); negotiating party: Rogg Collins,
Evergreen Development; under negotiations: price and terms of payment
City Council/Community Dev. Comm. Minutes (adj.) 11/27/07 -1 -
RECONVENED
The meeting reconvened in Open Session at 7:32 p.m. Qth all Council
Members/Commissioners present. There were no Closed Session actions to report.
ADJOURNMENT: 7:32 p.m.
ge,/ml
KATHLEEN L. MIDSTOKKE, City Clerk/Secretary mI FMaMhairp aba
City Council/Community Dev. Comm. Minutes (adj.) 11/27/07 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
NOVEMBER 27, 2007
The City Council of the City of Downey held a Regular Meeting at 7:36 p.m., November 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 M. Caton, City Manager
Edward W. Lee, City Attorney
Kathleen L. Midstokke, City Clerk
Scott K. Pomrehn, Assistant to the City Manager
Desi Alvarez, Deputy City Manager/Special Projects
Gilbert Livas, Deputy City Manager/Community Development
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
Mike Miller, Police Captain
Susan Domen, Secretary to the City Clerk
COUNCIL MEMBER ANNOUNCEMENTS:
Council Member Bayer recognized her commissioners Lee Ann Sears and Faye Campbell in
the audience.
Council Member Cartozian recognized the City and staff for receiving the Phoenix Award for
the former NASA site reuse project and read a letter from Supervisor Knabe congratulating the City;
commended the Code Enforcement Division on their efforts to improve the handling of cases over
the last several years; commented on the article in the Herald American regarding new Economic
Development Director Perfitt; and stated he had visited Los Padrinos Juvenile facility today where
the guest speaker was Ernest Caldwell, a reformed gang member and part of 10/20 program.
Council Member Guerra noted that he had also attended the Los Padrinos Juvenile facility as
well; he bowled with Senator Lowenthal last week; attended the Chamber of Commerce Holiday
Lane Parade Sponsors luncheon; attended the Downey Regional Medical Center (DRMC) Board of
Directors meeting this morning; attended a subcommittee meeting with Council Member Bayer, Fire
Chief Sauter and DRMC Director Rob Fuller on emergency services; and attended the Los Angeles
Conservancy Modern Committee meeting last week.
City Council Minutes 1 1/27/07 -1-
Mayor Pro Tem Gaftn announced that the inaugural Tree Lighting Ceremony will be held on
Monday, December 3'd, the Mayoral Transition Ceremony on December 6th, and Breakfast with
Santa at the Barbara Riley Center on December 8th.
Mayor Trejo announced he had attended the Water Replenishment District meeting and the
Gateway Cities Council of Governments meeting.
City Manager Caton introduced the new Public Information Officer, Juddy Ceniceros.
PRESENTATIONS:
A. Presentation of City pins to Mr. Downey and Little Mr. Downey and their Courts.
B. Presentation by Southern California Municipal Athletic Federation of the Golden Shield
Award to the City and a Citation Award to Kevin Ellis, Recreation Supervisor.
NON-AGENDA PUBLIC COMMENT:
Dennis Pagenkopp, resident of Downey, asked for assistance in dealing with public events
held at the Auto Zone on Paramount Boulevard. He stated that the noise levels are unbearable and
submitted a petition to the City Clerk.
Grace Camacho, resident of Downey, noted that she also lives by the Auto Zone and
requested help in controlling the noise as it effects their standard of living.
Yvonne Arvizu, resident and business owner, stated her concern for handicap parking at her
apartment building.
Carl Johnson, resident of Downey, stated that he feels the problems with the youth in
Downey is that there are not any programs such as sports past the age of 15 years and perhaps the
City should provide more programs targeting the youth between 15 and 18.
CONSENT CALENDAR – ITEMS FOR REMOVAL:
5. APPROVE THE USE OF FIRE STATIONS AS FLU-SHOT CENTERS: Fire. This item was
pulled 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 Mayor Pro Tem Gafin, and
unanimously carried to approve the remainder of the Consent Calendar items as recommended
1.
2.
APPROVED CITY COUNCIL MINUTES: Adjourned and Regular and Meetings November
13, 2007: City Clerk.
APPROVED WARRANTS ISSUED: Warrant Nos. 227207 – 227571 ; Wire No. 342.
30001556 – 30001584; in the total amount of $3,741,891.87: Finance.
3.APPROVED APPROPRIATION OF $24,353.14 FOR CAMERAS AND COMPUTER
SERVER FOR MEETING BROADCASTING PROJECT: Administration.
City Council Minutes 1 1/27/07 -2-
4.CASH CONTRACT NO. 632-2 LAKEWOOD BOULEVARD IMPROVEMENTS PROJECT –
PHASE 2: AWARDED CONTRACT IN THE AMOUNT OF $1,988,635.05 TO PALP, INC.
DBA EXCEL PAVING COMPANY: Public Works.
6.ADOPTED RESOLUTION NO. 07-7036, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE SUBMITTAL OF THE “WOODRUFF AVENUE AT
VIA AMORITA PEDESTRIAN TRAFFIC SIGNAL“ AND THE “BLODGETr AVENUE
PEDESTRIAN IMPROVEMENTS“ APPLICATIONS FOR SAFE ROUTES TO SCHOOL
FUNDING (7TH CYCLE): Public Works.
ADMINISTRATIVE REPORTS:
7.INTRODUCED 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:
Fire
Fire Chief Sauter presented a staff report on the updating of the Fire Code. He explained
that staff is recommending that 7 sections be added to the Municipal Code: 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 permit 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.
Council Member Guerra questioned the ability for the High Schools to obtain 70% of
signatures from the surrounding homes and asked how the figure was arrived at. Fire Chief Sauter
explained that it is the same requirement for movie filming permits. He then asked why this was
being done prior to other sections of the Municipal Code being done as they tie in together and it
was explained that the Fire sections need to be addressed when adopting the California Fire Code
and there is a deadline to adopt that Code.
City Manager Caton explained that State law requires two readings of the Ordinance and that
it first be introduced and then the Public Hearing to be held two weeks later.
City Council Minutes 1 1/27/07 -3-
It was moved by Council Member Cartozian seconded by Mayor Pro Tem Gafin and
unanimously carried to introduce the Ordinance.
OTHER BUSINESS:
8.SET PUBLIC HEARING FOR DECEMBER 11, 2007 FOR EXTENSION OF THE
MORATORIUM ON DEVELOPMENT OF THE PROPERTY AT 7447 FIRESTONE
BOULEVARD, COMMONLY KNOWN AS JOHNIE’S BROILER: Council Member Guerra.
Council Member Guerra stated that he would like this on the agenda since the moratorium
expires in January and he would like the City’s options explored
Mayor Pro Tem Gafin noted he is not sure he wants to extend the moratorium as the
property needs to be cleaned up. He would like to know what other options exist.
City Attorney Lee stated that staff can be directed to bring back all options available at the
Public Hearing.
Harold Tseklenis, resident of Downey, asked if this can be done legally since the court cases
are now over.
it was moved by Council Member Guerra, seconded by Council Member Cartozian and
unanimously carried to set the Public Hearing and present available options.
5.APPROVED THE USE OF FIRE STATIONS AS FLU-SHOT CENTERS: Fire.
Council Member Guerra stated he had pulled this item because it was a discussion item from
the sub-committee meeting and he would like the Fire Chief to give a report.
Fire Chief Sauter noted that the sub-committee has been evaluating how emergency
services are delivered in the City and that the call log goes up 10-20% in the next 90 days partly due
to the flu. He said several agencies were contacted in the County and pushed for preventative
measures to be done for the community. He continued that 1000 flu shots have been secured to
distribute at two fire stations this Saturday from 9 a.m. -12 p.m. and that the County’s targeted age is
between 2 and 8, however, they are available to all. He concluded that there will be information on
alternative health care options distributed as well.
It was moved by Council Member Guerra, seconded by Mayor Pro Tem Gafin and
unanimously carried to approve.
Prior to the vote Mayor Trejo stated that this event should be held every year and questioned
what happens to any shots left over. He was told that they go back to the County.
City Manager Caton noted that this is very innovative and the first time anywhere in the
County
COUNCIL MEMBER REQUESTS FOR FUTURE AGENDA ITEMS:
Council Member Guerra noted that the cameras have been installed in the Council Chamber:
and cited his dismay at the singling out of one Council Member over the others in the newspapers,
when it comes to potential conflict of interest issues.
City Council Minutes 1 1/27/07 -4-
Mayor Pro Tem Gafin requested that staff look into the Auto Zone issues; congratulated
Mayor Trejo on a great year.
Council Member Cartozian stated that it has been a pleasure serving with Mayor Trejo again.
Mayor Trejo thanked his fellow Council Members for their support this past year.
ADJOURNMENT: 8:51 p.m.
The meeting adjourned at 8:51 p.m. to 6:30 p.m. December 5, 2007.
d/L'%„#La„„PW %
KAI-HLEEN L. MID$TOKKE, City Clerk
City Council Minutes 1 1/27/07