HomeMy WebLinkAboutMinutes - 08-08-06 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
AUGUST 8, 2006
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:30 p.m., August 8, 2006, in the Council Chamberof 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/Chairman
Mayor Pro Tem/Vice-Chairman
(arrived 6:45 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
Desi Alvarez. Public Works Director
Kathleen L. Midstokke, City Clerk/Secretary
Scott Pornrehn, Assistant to the City Manager
NON-AGENDA PUBLIC COMMENT: No one came forward to speak.
APPROVAL OF CLOSED SESSION MNUTES
It was moved by Council Member/Commissioner Cartozian, seconded by Council
Member/Commissioner Gafin, and unanimously carried (4/0) to approve the Closed Session
Minutes of July 25, 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
2.
3.
Government Code Section 54957 – Public Employee Performance Evaluation – City Clerk.
Government Code Section 54956.8 – Conference with real property negotiator Desi Alvarez
re: property at 8445 Imperial Highway; negotiating party: Jim Kriss; under negotiations: price
and terms of payment.
Government Code Section 54956.9(b) – Conference with legal counsel – anticipated
litigation. Significant exposure to litigation – one potential case.
City Council/Community Dev. Comm. Minutes (adj.) 08/08/06 -1 -
RECONVENED
The meeting reconvened in Open Session at 7:28 p.m. ®th all Council Members/
Commissioners present. There were no actions to report.
The meeting recessed at 7:28 p.m.
The meeting reconvened at 8:02 p.m. Wth all Council Members/Commissioners present.
ADJOURNMENT: 8:02 p.m.
MEREDIfFT
Ubu
KAT mOKKE, City Clerk/Secretary
W\L It
PERKINS,o
City Council/Community Dev. Comm. Minutes (adj.) 08/08/06 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
AUGUST 8, 2006
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Presentations
Non-Agenda Public Comment
Council Member Announcements/Request for Future Agenda Items 2
2
2
2
Consent Calendar Items for Removal
Council Minutes: Reg. & Adj. Mtg. 07/25/06
Warrants: #215088-215440; Wire Nos. 290-293: 30001263-
30001270; $7,969,102.17
MTA’s Congestion Management Program
Approved
Approved
Set Hearing
08/22/06
Set Hearing
08/22/06
3
3
3
3
3
3
3
3
3
3
3
4
4
Appeal of Denial of Parcel Map 06-66335, 8220 Suva St.
Costs re: Abatement of Dangerous Building, 8019 Bergman Ln.Set Hearing
08/22/06
Automatic Aid Agreement with Long Beach, Emery. Fire Services Approved
Agreement with Best, Best & Krieger, Special Legal Counsel Approved
Purchase of Water Rights in Central Basin from NI Industries Approved
Reso. #06-6937, NIMS Policies for Emergency Mgmt. System Adopted
Reso. #06-6938, Fee & Waive Pkg. Spaces, 8200 Firestone Bl. Adopted
Reso. #06-6939, Title Change, various Public Wks. Employees Adopted
Reso. #06-6940, Emerg. Preparedness Appt., Roy Beard, D-5 Adopted
Ord. re: Art in Public Places Introduced
IntroducedOrd. re: Juvenile Daytime Curfew and Loitering
Adjournment
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
AUGUST 8, 2006
The City Council of the City of Downey held a Regular Meeting at 7:32 p.m., August 8, 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, Public Works Director
Rick Esteves, Police Captain
Linda Haines, Development Services Director
John Michicoff. Finance Director
Thad Phillips, Community Services Director
Scott Pomrehn, Assistant to the City Manager
Mark Sauter. Fire Chief
John GodIewski, City Planner
Joyce Doyle, Chief Deputy City Clerk
PRESENTATIONS:
Mayor Pro Tem Trejo accepted a Certificate of Appointment to the Emergency Preparedness
Committee for Council District Three on behalf of his appointee Dr. Mary Stauffer, who could not be
present this evening.
NON-AGENDA PUBLIC COMMENT:
Ed Santiago, GPA Real Estate, spoke regarding the sale of the Rives mansion on
Paramount Boulevard noting he agrees with the historical designation; suggested changes in zoning
to allow the mansion to become a museum and three single family residences to be built on Third
Street
Lennie Whittington, resident of Downey, spoke regarding the completion of construction of a
very large home on Manatee Street noting there are now two separate addresses and mailboxes.
Harold Tseklenis, resident of Downey, reflected on the recent passing of the Downey
Symphony conductor Dr. Thomas Osborn and announced that the symphony performance will take
place Wednesday at Concerts in the Park.
City Council Minutes 08/08/06 -1-
OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items:
Council Member Cartozian noted that the passing of Dr. Osborn is a big cultural loss for the
City and that his memory will be carried on by his visions and plans; mentioned that he has received
recent inquiries regarding large single family residences being built, noting that they were
grandfathered in before the new regulations were effective; pointed out that the take over of
Comcast by Time-Warner was not under any control of the City; announced that August 9-13 is the
one hundred hour soccer match, the longest ever in the United States, called “Chivas USA vs. Rest
of the World” at the new Bell Gardens Sports Center; and noted that one of his former history
students from Downey High School, Justin Phinisee, will be playing for the Tampa Bay Buccaneers
professional football team
Council Member Bayer recognized her appointee Fay Campbell, Water Facilities Corporation
member in the audience; reported that on August 2-d she attended a Council of Governments (COG)
meeting in Paramount; announced Citizens for Downey will be having a 7:00 a.m. meeting
Wednesday at the Rio Hondo Event Center with guest speaker Shirley Johnson talking about the
charity event “Walk the Talk”; and invited everyone to the Concert in the Park Wednesday, noting
that the Downey Art Museum will be open and currently has an Armenian Art Exhibit on display.
Mayor Pro Tem Trejo thanked Development Services Director Haines for her response to his
recent inquiry regarding two housing developments and Community Services Director Phillips for
information regarding recreation schedules; and recognized Janet Molinaro, appointee to the
Emergency Preparedness Committee, in the audience.
Council Member Gafin noted that at the last Concert in the Park the City’s 50th Anniversary
Events were announced; and mentioned that the Chamber of Commerce recently awarded the
Downey Patriot newspaper Small Business of the Year
Mayor Perkins reported that he recently spoke at the Los Angeles Business Women’s Forum
at the Rio Hondo Event Center; thanked his son Jeff for attending the meeting tonight; and
congratulated Council Member Cartozian on his recent 33'd Birthday.
CONSENT CALENDAR – ITEMS FOR REMOVAL:
13.INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING CHAPTER 1 OF ARTICLE IV OF THE DOWNEY MUNICIPAL CODE TO
REGULATE JUVENILE DAYTIME CURFEW AND LOITERING: Administration. This item
was removed by Council Member Cartozian and is listed under Other Business below.
CONSENT CALENDAR:
It was moved by Mayor Pro Tem Trejo, seconded by Council Member Gafin, and
unanimously carried to approve the remaining Consent Calendar items as recommended:
1.
2.
APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings July 25, 2006:
City Clerk.
APPROVED WARRANTS ISSUED: Nos. 215088-215440; Wire Nos. 290-293, 30001263-
30001270; in the total amount of $7,969,102.17: Finance.
3.SET PUBLIC HEARING FOR AUGUST 22, 2006 TO ADOPT A RESOLUTION WHICH
INDICATES THAT THE CITY IS CONFORMING WITH MTA’S CONGESTION
MANAGEMENT PROGRAM: Development Services.
City Council Minutes 08/08/06 -2-
4.SET PUBLIC HEARING FOR AUGUST 22, 2006 FOR APPEAL OF THE DENIAL OF
TENTATIVE PARCEL MAP 06-66335 – A PARCEL MAP REQUEST TO SUBDIVIDE A
27,505 SQUARE FOOT PARCEL INTO TWO LOTS, ON PROPERTY LOCATED AT 8220
SUVA STREET, ZONED R-17500 (SINGLE FAMILY RESIDENTIAL)(PROPERTY
OWNER/APPELLANT: JESUS AND LORENA MAGANA): Development Services.
5.SET PUBLIC HEARING FOR AUGUST 22, 2006 REGARDING RECOVERY OF CITY’S
COSTS INVOLVED IN THE ABATEMENT OF THE DANGEROUS BUILDING NUISANCE
AT 8019 BERGMAN LANE: Public Works.
6.APPROVED AUTOMATIC AID AGREEMENT WITH THE CITY OF LONG BEACH FOR
FIRE, RESCUE AND EMERGENCY MEDICAL SERVICES: Fire.
7.APPROVED AGREEMENT WITH BEST, BEST & KRIEGER TO PROVIDE SPECIAL
LEGAL COUNSEL SERVICES: Public Works.
8.APPROVED PURCHASE OF 138 ACRE-FEET OF WATER RIGHTS IN THE CENTRAL
BASIN FROM N.I. INDUSTRIES: Public Works.
9.ADOPTED RESOLUTION NO. 06-6937, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY RECOGNIZING THE NATIONAL INCIDENT MANAGEMENT SYSTEM
(NIMS) AND ADOPTING THE NIMS PRINCIPLES AND POLICIES INTO THE
EMERGENCY MANAGEMENT SYSTEM OF THE CITY OF DOWNEY: Fire.
10.ADOPTED RESOLUTION NO. 06-6938, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY WHICH ACCEPTS A FEE AND WAIVES SIX (6) AUTOMOBILE
PARKING SPACES FOR DR. LEE MAREK AND ASSOCIATES, A PHYSICIAN OWNED
SURGICAL CENTER PROPOSED AT 8200 FIRESTONE BOULEVARD, IN THE
DOWNTOWN PARKING ASSESSMENT DISTRICT: Development Services
11.ADOPTED RESOLUTION NO. 06-6939. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY CHANGING THE TITLES OF ASSISTANT SUPERINTENDENT OF
WATER/SANITATION TO ASSISTANT SUPERINTENDENT OF UTILITIES SYSTEM AND
PRINCIPAL WATER TECHNICIAN TO WATER SYSTEMS TECHNICAL SUPERVISOR II,
AND PUBLIC WORKS SUPERVISOR II TO PUBLIC WORKS SUPERVISOR II/WATER
SySTEMS SUPERVISOR II: Administration.
12.ADOPTED RESOLUTION NO. 06-6940, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING APPOINTMENT OF ROY BEARD TO THE EMERGENCY
PREPAREDNESS COMMITTEE FOR COUNCIL DISTRICT 5: Administration.
ADMINISTRATIVE REPORTS:
14.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY.
AMENDING THE DOWNEY MUNICIPAL CODE, ARTICLE VIII, BUILDING
REGULATIONS. TO CLARIFY THE APPLICATION OF THE “ART IN PUBLIC PLACES”
DEVELOPMENT FEE: Administration.
City Attorney Vose presented the staff report explaining staff has begun the implementation
of the Art in Public Places fee Ordinance and is applying it to various developments. He ad'./ised
they found a small ambiguity in Section 8965, subparagraph (a) of the Code whereby it references a
fee for constructing or reconstructing a commercial building or residential project consisting of four or
more units with a building valuation of $500,000 or greater. Mr. Vose said that it was staff’s
interpretation that the $500,000 valuation minimum applies to both residential projects of more than
City Council Minutes 08/08/06 -3-
four units and commercial buildings, but that it could possibly be disputed that the $500,000
valuation minimum applied only to residential projects and not commercial. The recommended
proposed Code amendment would make it clear that the $500,000 minimum is to be applied to both
commercial and residential of more than four units.
It was moved by Council Member Cartozian, second by Council Member Gafin, and
unanimously carried to introduce the Ordinance.
OTHER BUSINESS:
CONSENT CALENDER – ITEMS REMOVED BY COUNCIL APPROVAL:
13.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING CHAPTER 1 OF ARTICLE IV OF THE DOWNEY MUNICIPAL CODE TO
REGULATE JUVENILE DAYTIME CURFEW AND LOITERING; Administration.
Council Member Cartozian noted the authority of the Police Department is limited as to
enforcement because of constitutional law and free speech rights. He pointed out problems with
juveniles loitering in downtown Downey and around the Krikorian Theatre.
City Attorney Vose noted he was working with the Police Department on this issue in multiple
phases. The first issue being daytime juvenile curfew and loitering, and updating the Code to reflect
recent case law in this area. Mr. Vose said they were also working on a nighttime juvenile curfew
Ordinance. He advised the Police Department is working with the businesses with regard to evening
curfew problems.
Council Member Cartozian said the School District and the City now has a full time Probation
Officer, Alfredo Mendez, and hoped they can work together on these issues.
It was moved by Council Member Cartozian, seconded by Council Member Bayer, and
unanimously carried to introduce the Ordinance.
ADJOURNMENT: 8:02 p.m.
The meeting adjourned to 6:30 p.m. August 22, 2006, in memory of Juanita Edith
Hendricks, mother of Richard Hendricks, Building Inspector; Dr. Thomas Osborn, Downey
Symphony’s Artistic Director and Conductor; and Edwin Baca, son of Alex Baca, Design
Review Board Member.
City Council Minutes 08/08/06 -4-