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HomeMy WebLinkAboutMinutes - 01-24-06 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JANUARY 24, 2006 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:30 p.m., January 24, 2006, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairman Meredith H. Perkins presiding. PRESENT:Council Members/Commissioners: Meredith H. Perkins Rick Trejo Mayor/ChainIIan Mayor Pro Tem/Vice-Chairman (arrived 6:40 p.m.) David R. Gafin Kirk O. Cartozian Anne M. Bayer ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Charles S. Vose, City Attorney/Economic Development Director Lee Powell, Assistant City Manager Kathleen L. Midstokke, City Clerk/Secretary Roy Campos, Police Chief John Michicoff, Director of Finance NON-AGENDA PUBLIC COMMENT: No one came forward to speak. APPROVAL OF CLOSED SESSION MINUTES It was moved by Council Member/Commissioner Cartozian, seconded by Council Member/Commissioner Bayer and unanimously carried (4/0) to approve the Closed Session Minutes of January 10, 2006. RECESS TO CLOSED SESSION Mayor/Chairman Perkins announced the Council/Commission is ncessing to Closed Session (6:31 p.m.) to discuss matters under the authority of the following sections of the Government Code 1.Government Code Section 54956.9(a) – Conference with legal counsel – existing litigation. Pedro Gonzalez vs. City of Downey, USDC Case # CV{)4-2170 SJO. 2 3. Government Code Section 54957 – Public Employee Performance Evaluation – City Attorney. Government Code Section 54957.6 – Conference with labor negotiator Lee Powell re: direction for labor negotiations with Executive/Middle Management/Confidential-Exempt. City Council/Community Dev. Comm. Minutes (adj.) 01/24/06 -1 - RECONVENED The meeting reconvened in Open Session at 7:30 p.m. Wth all Council Members/ Commissioners present. There were no Closed Session actions to report. The meeting recessed at 7:30 p.m. The meeting reconvened at 8:57 p.m. Wth all Council Members/Commissioners present. ADJOURNMENT: 8:57 p.m. 1%///MK KATHLEEN L. MIDSTOKK F, City Clerk/Secretary mH H. PERKINS, Mayor/Chairman City Council/Community Dev. Comm. Minutes (adj.) 01/24/06 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JANUARY 24, 2006 TABLE OF MINUTE ACTIONS SUBJECT Presentations Reso. #06-6892, 2005 Urban Water Management Plan Ord . #06-1 185, DMC Sect. 3321, Fire Protection Devices Non-Agenda Public Comment Council Member Announcements/Requests for Future Agenda Consent Calendar-Items for Removal Council Minutes: Reg. & Adj. Mtgs. 1/10/06 Warrants: # 21096-210444: Wire Nos.: 278: 30001151- 30001158; $3,627,493.47 DMC Amendment #0541 , Sect. 9110 & 9112 (Mansionization) Building Bulk & Massing of Detached Single Family Dwellings CDBG & Home Investment Partnership Programs ACTION PAGE NO. Adopted Adopted 1 2 3 3 4 4 4 4 4 Items Approved Approved Set Hearing 02/14/06 Set Hearing 02/28/06 Adopted Adopted Adopted Adopted Adopted Adopted Reso. #06-6893, Nasa Parcel 3, Environmental Review Reso. #06-6894, Art in Public Places Policy Manual Amdt. Reso. #06-6895, Final Map, TM #60035 8335-+1 Fontana Reso. #06-6897, MOU w/DCEA Misc. Unit Reso. #06-6898, Salary Increases, Specific Employees Reso. #06-6899, Ex. Mgmt., Mid. Mgmt., Conf/Exmpt, Benefits Appointments to Art in Public Places Non-Compliance w/DMC re: Fireworks Permit Apps. Reso. #06-6896, Final Map, TM #61325, 925242 Elm Vista Staff Comments Adjournment 4 4 5 5 5 5 5 5 6 6 6 Received/Filed Adopted MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JANUARY 24, 2006 The City Council of the City of Downey held a Regular Meeting at 7:34 p.m., January 24, 2006, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Meredith H. Perkins presiding PRESENT: Council Members: Meredith H. Perkins Rick Trejo David R. Gafin Kirk O. Cartozian Anne M. Bayer Mayor Mayor Pro Tem ALSO PRESENT:Gerald M. Caton, City Manager Charles S. Vose, City Attorney/Economic Development Director Kathleen L. Midstokke, City Clerk Lee Powell, Assistant City Manager Desi Alvarez. Director of Public Works Roy Campos, Police Chief Linda Haines, Director of Development Services John Michicoff, Director of Finance Thad Phillips, Acting Community Services Director Mark Sauter, Fire Chief William Davis, Acting City Planner Brian Ragland, Deputy Director of Public Works Ed Velasco, Housing Manager Susan Domen, Secretary to the City Clerk PRESENTATIONS: Police Chief Campos presented Distinguished Service Awards to Police Corporal Terry Goeckner and Officer Jose Gomez; Fire Chief Sauter presented Recognition of Outstanding Service to Fire Captain David Calderwood, Fire Engineer Richard Vos, Firefighter Raul Ochoa, Firefighter/Paramedic Daniel Hurlock, Firefighter/Paramedic Christopher Bohannon, Communications Operator Eugenia Brunet and Communications Operator Mary Lou Perez. (as a result of the near-drowning of a toddler and emergency response efforts. ) Mayor Perkins presented the Mayor’s Soaring Eagle Award to Jacqueline Antunez, Community Services ASPIRE Program, Recreation Coordinator. PUBLIC HEARINGS: 1.APPROVAL OF THE 2005 URBAN WATER MANAGEMENT PLAN:Public Works City Council Minutes 01/24/06 -1- A. ADOPTED RESOLUTION NO. 06-6892, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE CITY OF DOWNEY’S 2005 URBAN WATER MANAGEMENT PLAN. TI Mayor Perkins opened the Public Hearing at 7:55 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Trejo and so ordered to receive and file. Public Works Director Alvarez presented a staff report noting the purpose of the Urban Water Management Plan (UWMP) is to integrate water supplies and land use planning, evaluate future water needs and promote long range supply planning. The Department of Water Resources (DWFt) requires all water suppliers with 3,000 or more customers to complete this plan every 5 years and have it accepted by DWR so the agency is eligible to receive state grants or loans. He continued that the plan includes service area information and 20 year projections, planned water supply projects, programs, current/future water supply, a water shortage contingency plan, a recycled water plan and water supply/quality reliability. Director Alvarez noted that based on population growth estimates, the potable water demands will go from the current 16,678 to 20,431 acre feet. He stated that water supply projects such as wells, treatment facilities and storage are included in this plan. He explained that the City currently owns rights to 16,554 acre feet of water and to meet the shortfalls will purchase and store water in the Central Basin each year. Mayor Perkins asked if the water rights will remain the same and when would we be purchasing water and was told that yes, the water rights will remain the same and water will be purchased in excess years and stored for usage in drought years. Russell Rankin, resident of Downey, inquired if the 1-105 freeway draining was causing any strain on our water system and it was explained that it is a continuing issue that uses approximately 2,000 acre feet that is accounted for. Richard Pridham, resident of Downey, asked how we are protected from the contaminated water flowing from the San Gabriel Valley; what assurance we have the water we store in the ground will be here when we need to use it; and, how much water is projected for use in the planters in the new rnedians. Director Alvarez responded that the Environmental Protection Agency is working on several projects that deal with cleaning the contaminated water; we are one of the largest water rights holders and the history of the Basin has established our rights; and the water used for the median planters comes from reclaimed water. It was moved by Council Member Gafin, seconded by Council Member Cartozian and so ordered by the Mayor to close the Public Hearing, the time being 8:14 p.m. There being no further discussion by the Council, it was moved by Council Member Gafin, seconded by Mayor Pro Tem Trejo and unanimously carried to adopt the Resolution. 2.AMENDMENT TO DOWNEY MUNICIPAL CODE SECTION 3321 REGARDING DESIGN. PLACEMENT AND SELECTION OF FIRE PROTECTION DEVICES: Fire. A. ADOPTED ORDINANCE NO. 06-1185, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE, ARTICLE III, CHAPTER 3 AND THE 2001 CALIFORNIA FIRE CODE PREVIOUSLY ADOPTED BY REFERENCE REGARDING THE PLACEMENT, TYPE AND PROTECTION OF CERTAIN WATER SUPPLY APPARATUS FOR FIRE PROTECTION USE. City Council Minutes 01/24/06 -2- Mayor Perkins opened the Public Hearing at 8:15 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tem Trejo, seconded by Council Member Gafin and so ordered to receive and file. Fire Chief Sauter presented a Power Point presentation outlining locations and types of water supply apparatus throughout the City. He stated that the Fire Department would like to have this apparatus added to the Municipal Code to regulate design and installation for practical and safety issues. He explained that the double detector check makes sure that no contaminated water gets back into the main water supply. There being no one to come forward to speak, it was moved by Council Member Cartozian, seconded by Council Member Trejo and so ordered by the Mayor to close the Public Hearing the time being 8:27 p.m. Council Member Cartozian indicated he was pleased that this would not slow down the Plan Check process for developers. It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Trejo and unanimously carried to adopt the Ordinance. NON-AGENDA PUBLIC COMMENT: Maria Larkin, resident of Downey, thanked Police Chief Campos for installing some traffic signs at Firestone Boulevard and Patton Road. Bob Goldstein, resident of Downey, thanked Council Member Bayer for arranging some work on public property near the condominium complex where he lives (replacement of street trees). OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items: Council Member Bayer recognized Lee Ann Sears, Emergency Preparedness Committee member in the audience; reported that she had enjoyed reading to students at Gallatin Elementary School last Friday; and announced that the Downey Historical Society will be taking a tour of the Downey Studios this Thursday at 7:30 p.m. Council Member Gafin announced that Friday will be the 103rd Anniversary Luncheon of the Downey Chamber of Commerce; recognized Tod Corrin, Downey Unified School District Board Member in the audience; and expressed that it was wonderful to see such an effort was successfully made to save the life of a child which reflects on the excellent staff and training (in regards to tonight’s presentations of Distinguished Service Awards and Recognitions of Outstanding Service). Mayor Pro Tem Trejo thanked Police Chief Campos for making a presentation at the First Presbyterian Men’s Club; requested that the City help coordinate efforts to get information to senior citizens regarding the new Medicare Part-D prescription drug coverage; announced that the Downey YMCA has a new Teen Zone virtual reality room with exercise equipment, noting the importance of physical fitness for children; and indicated that he is enjoying the opening of all of the new retail establishments at the Downey Landing site. Council Member Cartozian announced that the Gangs Out of Downey (GOOD) luncheon will be held on April 12th with L. A. County Supervisor Don Knabe as emcee; recognized former students Joe Manaquil (sp.?) and George Zumbrakis (sp.?) in the audience; indicated that he has been approached by a number of business owners in the Downtown area regarding more exposure from the Firestone Boulevard traffic and requested that an entry gate/gateway arch indicating “Historic City Council Minutes 01/24/06 -3- Downey” or “Downtown Downey” be considered; requested for future agendas a presentation on graffiti abatement by Downey Unified School Districts representatives Roger Brossmer and Robert Jakowski and a presentation by Albert Perdone and Arcadis on the status of the OrangeLine transit project; and thanked the City Manager, City Attorney and Mayor for meeting regarding the OrangeLine transit project. Mayor Perkins announced the YMCA annual kick-off campaign is beginning and will be soliciting support; remarked about the efforts of fourteen people to save one person’s life and that it is good to see the Police, Fire and the hospital working together; and indicated that for the second month in a row, Downey Regional Medical Center is in the black and has timely submitted its financial documents to the City for review. CONSENT CALENDAR – ITEMS FOR REMOVAL: 10.ADOPT RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP NO. 61325 (9252 – 9262 ELM VISTA DRIVE) BY APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING AN IRREVOCABLE COMMERCIAL LETTER OF CREDIT – STANDBY AS SURETY: Public Works. This item was removed at the request of Mayor Perkins and is listed under Other Business below. CONSENT CALENDAR: It was moved by Council Member Gafin, seconded by Mayor Pro Tem Trejo and unanimously carried to approve the remainder of the Consent Calendar items as recommended: 3.APPROVED COUNCIL MINUTES: Adjourned and Regular Meetings January 10, 2006: City Clerk. 4.APPROVED WARRANTS ISSUED: Nos. 210096-210444: Wire Nos. 278: 30001151- 30001158; in the total amount of $3,627,493.47: Finance. 5.SET PUBLIC HEARING FOR FEBRUARY 14, 2006 FOR CODE AMENDMENT #05-01 : AMENDING CERTAIN SECTIONS OF 9110 AND 9112 OF THE DOWNEY MUNICIPAL CODE, TO ADD DEVELOPMENT STANDARDS RELATING TO BUILDING BULK AND MASSING OF DETACHED SINGLE FAMILY DWELLINGS IN THE R-1 (SINGLE-FAMILY RESIDENTIAL) AND R-2 (TWO-FAMILY RESIDENTIAL) ZONES: Development Services. 6.SET PUBLIC HEARING FOR FEBRUARY 28, 2006 TO RECEIVE COMMENT FOR THE 2006-07 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAMS: Development Services. 7.ADOPTED RESOLUTION NO. 06-6893, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FINDING THAT THE LAND GENERALLY KNOWN AS NASA PROPERTY PARCEL NUMBER 3 IS ENVIRONMENTALLY SAFE AND MAY BE USED AS A CITY PARK: Administration. 8.ADOPTED RESOLUTION NO. 06-6894, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE “ART IN PUBLIC PLACES” POLICY MANUAL: Administration. City Council Minutes 01/24/06 -4- 9.ADOPTED RESOLUTION NO. 06-6895, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP NO. 60035 (8335 – 8341 AND 8349 FONTANA STREET) BY APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING A SUBDIVISION IMPROVEMENT PERFORMANCE BOND AS SURETY: Public Works. 11-ADOPTED RESOLUTION NO. 06-6897, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES ASSOCIATION/ MISCELLANEOUS UNIT: Administration. 12.A. ADOPTED RESOLUTION NO. 06-6898, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING SALARY INCREASES TO SPECIFIED EMPLOYEES; B. ADOPTED RESOLUTION NO. 06-6899, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING BENEFITS PAYABLE TO EMPLOYEES IN CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT. MIDDLE MANAGEMENT AND CONFIDENTIAL/EXEMPT, AND REPEALING PRIOR RESOLUTIONS: Administration. ADMINISTRATIVE REPORTS: 13.APPOINTMENTS TO THE ART IN PUBLIC PLACES ADVISORY COMMITTEE: City Clerk. City Clerk Midstokke noted that on November 23, 2005 the Council adopted the Art in Public Places Ordinance and it is now in effect with fees to start being imposed on February 23, 2006. She explained that the Arts in Public Places Advisory Committee is to meet on an as needed basis, whenever a Public Arts project is proposed onsite of a development. City Clerk Midstokke continued by stating that the committee members need to be appointed at this time, one from each Council District; and, that if the Council chooses, an advertisement can be placed in the local newspaper asking for volunteers to apply through the City Council office and appointed at the February 28th City Council meeting The Council concurred to advertise for the openings and schedule the appointments to be made at the February 28, 2006 City Council meeting. 14.RECEIVED AND FILED REPORT ON NON-COMPLIANCE WITH DOWNEY MUNICIPAL CODE REGARDING FIREWORKS PERMIT APPLICATIONS: Fire. Fire Chief Sauter explained that in 2002 and 2004 the Fire Code was amended regarding fireworks by the Council. Per the Code the maximum stands allowed is 18 with applications for the following year due by September 1 ’, along with financial reports from the current stand operators. On September 1 , 2005, 17 applications had been received. On September 6, 2005 Northwest Downey Little League submitted an application and on November 17, 2005 Downey Pop Warner Football submitted an application. He noted that both groups had previously had stands and representatives had attended the meeting in June explaining the rules and requirements. Both groups are requesting that the deadline be waived for them and they be allowed to operate a stand. Mayor Perkins asked if there were representatives from either group in the audience who wished to speak on the matter and no one came forward. It was moved by Council Member Cartozian, seconded by Council Member Bayer and unanimously carried to receive and file the report. City Council Minutes 01/24/06 -5- OTHER BUSINESS: CONSENT CALENDER – ITEMS REMOVED BY COUNCIL APPROVAL: 10.ADOPTED RESOLUTION NO. 06-6896, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP NO. 61325 (9252 – 9262 ELM VISTA DRIVE) BY APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING AN IRREVOCABLE COMMERCIAL LETTER OF CREDIT – STANDBY AS SURETY: Public Works. Mayor Perkins noted his concern that the Planning Commission keeps granting variances and making exceptions to the Code and the effects it has on the City. Stating that at this point it is too late to do anything regarding this variance, but he has a hard time understanding why we keep granting these exceptions when we have such a huge issue (mansionization) that has been discussed for a long time. It was moved by Mayor Perkins, seconded by Council Member Gafin and unanimously carried to adopt the Resolution. STAFF COMMENTS: None ADJOURNMENT: 8:57 p.m. The meeting adjourned to 6:30 p.m., February 14, 2006. #wM\\#db„.@abOy .%AM" KATHLEEN L. MIDSTOKKE, City Clerk City Council Minutes 01/24/06