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HomeMy WebLinkAboutMinutes - 09-23-03 - Regular MeetingIo + .! if 014580 MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING SEPTEMBER 23, 2003 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:33 p.m., September 23, 2003, in the Council Chamber of the Downey City Hall, Mayor/Chairman Rick Trejo presiding. PRESENT:Council Members/Commissioners: Rick Tmjo Kirk O. Cartozian Anne M. Bayer Keith McCarthy Meredith H. Perkins Mayor/Chairman Mayor Pro Tempore/Vice-Chairman ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Charles Vose, City Attorney Kathleen L. Midstokke, City Clerk/ Secretary Lee Powell, Assistant City Manager James Makshanoff, Assistant to the City Manaager Darrell George, Director of Community & Economic Development APPROVAL OF CLOSED SESSION MINUTES It was moved by Council Member/Commissioner Perkins, seconded by Mayor Pro Tempore/ Vice-Chairman Cartozian, and unanimously carried to approve the Closed Session Minutes of September 9, 2003 . RECESS TO CLOSED SESSION Mayor/Chairman Trej o announced the Council/Commission is recessing to Closed Session (6:34 p.m.) to discuss matters under the authority of the following sections of the Government Code: 2.SECTION 54957.6 – Conference with labor negotiator Lee Powell re: direction for labor negotiations with the Downey City Employees’ Association – Maintenance and Miscellaneous Groups and the Downey Public Safety Auxiliary Association. 3.SECTION 54956.8 – Conference with real property negotiators Gerald Caton and Darrell George re: Parcels 1 – 6 of the Downey NASA site generally bounded by Stewart & Gray Road, Imperial Highway and Lakewood Blvd.; negotiating parties: Downey Landing LLC, Industrial Realty Group, Kaiser Permanente; under negotiation: price and terms of payment. City Council/Community Dev. Comm. Minutes (adj .) 09/23/03 -1- 0145 :31 4. SECTION 54956.9(c) – Conference with legal counsel – anticipated litigation (initiation of litigation)(one potential case) . The meeting reconvened in open session at 7:34 p.m. with all members present. There were no Closed Session actions to report. The meeting recessed at 7:34 p.m. ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 8:38 p.m.; (see Oral Communications in the Regular City Council Meeting Minutes) and recessed at 8:50 p.m. The meeting reconvened at 9:08 p.m., with all members present. ADJOURNMENT: 9:09 p.m. @&DW47td'@£© Kathleen L. Midstokke, City Clerk/Secretary Rick Trejo, Mayot aIrman City Council/Community Dev. Comm. Minutes (adj .) 09/23/03 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING SEPTEMBER 23, 2003 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Public Hearing & Res. # 6701 establishing fee for automobile parking spaces in Downtown Pkg. District Items removed from Consent Calendar Adopted 1 3 3Council Minutes: Adj . & Reg. Mtgs. 09/09/03 Warrants Issued: # 188889-189205: Wire Nos 30000649-656; $2,770,668.19 Loan Agreements w/ CDC # 31 and # 32 Appropriation for Federal Grant Funds for Emerg. Prep. Set Public Hearing for Zone Change # 03-49 Res. # 6702 Appt. Robert Rubio to EPC for Dist. 2 Res. # 6704 Restricting parking on Pangborn Avenue Authorize Bids Cash Contract # 641 Water Sampling Stations Res. # 6703 Salary adjustments for Police and Fire Chiefs Oral Communications Approved Approved Approved Approved Set Hrg. 10/14/03 Adopted Adopted Approved Adopted 3 3 3 3 4 4 4 4 5 5 6 Council Member Comments Adjournment to 6:30 p.m., October 14, 2003 U 14 SB: MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING SEPTEMBER 23, 2003 The City Council of the City of Downey held a Regular Meeting at 7:40 p.m., September 23, 2003, in the Council Chamber of the Downey City Hall, Mayor Rick Trejo presiding. PRESENT : Council Members: Rick Trejo Kirk O. Cartozian Anne M. Bayer Keith McCarthy Meredith H. Perkins Mayor Mayor Pro Tempore ALSO PRESENT:Gerald M. Caton, City Manager Charles Vose, City Attorney Kathleen L. Midstokke, City Clerk Lee Powell, Assistant City Manger James Makshanoff, Assistant to the City Manager Desi Alvarez, Director of Public Works John Finch, Chief of Police Mark Sauter, Fire Chief Darrell George, Director of Community & Economic Development Bonnie Kehoe, Director of Community Services John Michicoff, Director of Finance Steven Yee, Economic Development Coordinator Ron Yoshiki, Asst. Director of Community Dev./City Planner Susan Domen, Executive Secretary PUBLIC HEARINGS 1.CITY FEE FOR AUTOMOBILE PARKING SPACES IN THE DOWNTOWN PARKING ASSESSMENT DISTRICT: RESOLUTION MODIFYING CITY’S UNIFORM SCHEDULE OF FEES. Mayor Trejo opened the Public Hearing at 7:41 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member McCarthy, seconded by Mayor Pro Tempore Cartozian and so ordered to receive and file. There was no correspondence received. A staff report was given by Economic Development Coordinator Steven Yee indicating that the proposed Resolution is to establish an annual fee for those businesses that are unable to meet their off street parking requirements in the Downtown Parking Assessment District area. One of the dilemas that has occurred in revitalizing downtown is that businesses do not always have an adequate amount of off street parking spaces. This is especially the case as it relates to restaurants that require more parking than typical retail uses. Since the downtown parking structure has been built, the City Council Minutes 09/23/03 -1- '-b,lj4 b 83 Downey Municipal Code allows the occupants to pay a fee for each deficient parking space. This fee is determined by the City Council and as of this date, has not been set. The proposed fee is an annual fee of $200 per automobile space that is waived in the Downtown Parking Assessment District. As a member of the subcommittee along with Mayor Trejo, Mayor Pro Tempore Cartozian gave a subcommittee report beginning by thanking the various city staff members that have worked on this item and indicating that the subcommittee recommends approval of the new fee. He pointed out that the proposed fee is fair for businesses and is calculated based upon the City’s maintenance costs and the number of spaces in the downtown parking structure. He further indicated that this is the first of several items that will be proposed for the downtown business area in the near future. Council Member McCarthy questioned what the ratio is for determining parking spaces required per business. Assistant Director of Community & Economic Development Ron Yoshiki responded that it is based upon square footage and type of business such as restaurant or retail; and that there had been adjustments made for these types of businesses. Maria Larkin, President of the Downey Chamber of Commerce, referenced the one-hour parking time limit that has been requested in the past and that it should be considered when setting this new fee. Patti Medina, new business owner of Mi Tierra restaurant, indicated that the fee would be a financial hardship and obstacle for her opening up the new business and whether the fee could be waived or a grant be given. Lennie Whittington, resident of Downey, stated that the City should consider hardship cases for grant monies or loans. Johnny Croshaw, resident and business owner in Downey, thinks that there should not be any parking fees and that parking deficiencies are not the fault of the new business operator. Leonaida Torres & David Devis, opening up a new restaurant on 2nd Street, requested a one year subsidy for new businesses and quarterly billings instead of annual. There being no further speakers, it was moved by Mayor Pro Tempore Cartozian, seconded by Council Member Perkins and so ordered to close the Public Hearing at 8:10 p.m. Council Member Perkins requested if it would be possible to bill the businesses twice a year instead of annually to assist the new businesses and incorporate this into the motion. Council Member McCarthy requested that this item be revisited in one year and City Manager Caton responded that all fees are reviewed on an annual basis and this can be reviewed separately. RESOLUTION NO. 6701 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY MODIFYING THE FEE SCHEDULE PREVIOUSLY ADOPTED BY RESOLUTION NO. 6675, 1N REGARDS TO PARKING ASSESSMENT DISTRICT FEES. City Council Minutes 09/23/03 ;’ or'458:t City Clerk Midstokke read the title of the Resolution. It was moved by Council Member Perkins, seconded by Mayor Pro Tempore Cartozian and unanimously carried to waive further reading and adopt the Resolution, with the amendment to Section 1, that Annual be changed to Semi-Annual and $200 be changed to $100. CONSENT CALENDAR – ITEMS FOR REMOVAL 4.CASH CONTRACT # 641 – WATER SAMPLING STATIONS: APPROVE PLANS AND SPECIFICATIONS AND GRANT AUTHORITY TO ADVERTISE FOR BIDS, was removed at the request of Council Member McCarthy and is listed under Other Business below 11.RESOLUTION FOR SALARY ADJUSTMENTS FOR FIRE CHIEF AND POLICE CHIEF, was removed at the request of Council Member McCarthy and is listed under Other Business below. CONSENT CALENDAR It was moved by Mayor Pro Tempore Cartozian, seconded by Council Member Bayer and unanimously carried to waive further reading of the Resolutions and approve the remainder of the Consent Calendar items as recommended: 2.COUNCIL MINUTES: ADJOURNED REGULAR MEETING SEPTEMBER 9. 2003: Approve. 3. 5. COUNCIL MINUTES: REGULAR MEETING, SEPTEMBER 9, 2003: Approve. WARRANTS ISSUED: 188889 – 189205; WIRE NUMBERS 30000649-656; $2,770,668.19: Approve. 6.LOAN AGREEMENTS BETWEEN THE CITY AND THE COMMUNITY DEVELOPMENT COMMISSION: AUTHORIZE EXECUTION OF OPERATIVE AGREEMENTS # 31 AND # 32: Approve. 7.APPROPRIATION REQUEST FOR FEDERAL GRAND FUNDS FOR EMERGENCY PREPAREDNESS: Approve. 8.SET PUBLIC HEARING FOR OCTOBER 14, 2003 FOR ZONE CHANGE # 03-49 FOR PROPERTIES AT 12002-12012 DOWNEY AVENUE (APPLICANT/OWNER: JOANN KOOTSIKAS; REPRESENTATIVE: STEVEN STAPAKIS, LONG IRON INVESTMENTS) – REQUEST TO CHANGE ZONING FROM R-3 AND Rl-5000 TO R-3-O: Approve. 9.(NUMBER NOT USED) City Council Minutes 09/23/03 -3- tJI'4-5 ,3 s 10.RESOLUTION NO. 6702 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF ROBERT RUBIO TO THE EMERGENCY PREPAREDNESS COMMITTEE FOR COUNCIL DISTRICT 2. 12.RESOLUTION NO. 6704 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESTRICTING PARKING OF VEHICLES OVER SEVEN FEET IN HEIGHT ON THE WEST SIDE OF PANGBORN AVENUE, BETWEEN WASHBURN AVENUE AND SEAACA STREET. OTHER BUSINESS – Consent Calendar – Items removed by Council Approval: 4.CASH CONTRACT # 641 – WATER SAMPLING STATIONS: APPROVE PLANS AND SPECIFICATIONS AND GRANT AUTHORITY TO ADVERTISE FOR BIDS. Council Member McCarthy asked what the estimated costs of the water sampling stations were and Public Works Director Alvarez responded that it was 830,000. It was moved by Council Member McCarthy, seconded by Council Member Perkins and unanimously carried to approve the Plans and Specifications and grant authority to advertise for bids on Cash Contract No. 641 – Water Sampling Stations. 11.RESOLUTION FOR SALARY ADJUSTMENTS FOR FIRE CHIEF AND POLICE CHIEF. A staff report was presented by Assistant City Manager Lee Powell indicating that this item previously came to Council on August 26, 2003 and at that time the Council formed a temporary subcommittee to review the compensation of the Fire Chief and Police Chief The subcommittee has met and reviewed the information in the previous staff report as well as some additional information. The subcommittee and staff is recommending approval of the resolution which provides for future salary increases equal to that which were provided to the employees in the respective departments. Council Member Perkins questioned why they did not receive raises a couple of years ago when the new contracts were signed. City Manager Caton responded that none of management received raises at that time. He further questioned whether the fiscal year costs were cumulative and the response was yes. He indicated he has concerns about future pension costs and he finds it very difficult to give these types of raises at this time. Council Member Bayer indicated that she feels these raises are called for at this time. Mayor Trej o commented that the fiscal impact of the raises is not great in comparison to the general fund and the operating budget; and also noting that the Police Captains’ salaries are only 7% below that of the Chief. He feels the raises are justified and urged the Council to grant them. City Council Minutes 09/23/03 -4- t , I).llq581; Council Member McCarthy noted that it was important that the Council had this discussion as the budget is reviewed with continuing State budget cuts to the cities and the responsibility of the Council to review and scrutinize any increases coming before them. Mayor Pro Tempore Cartozian expressed that these are tough issues in the face of budget reducing years. This is an issue of community leaders who do a lot more than meets the eye and requires performance above and beyond that meets the needs of the community. RESOLUTION NO. 6703 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING SALARY INCREASES TO POLICE CHIEF AND FIRE CHIEF. It was moved by Council Member McCarthy, seconded by Mayor Pro Tempore Cartozian, and carried by the following vote to waive full reading and adopt the Resolution. AYES: Bayer, Cartozian, McCarthy, Mayor Trejo NOES: Perkins ORAT I COMMUNICATIONS Johnny Croshaw, resident of Downey, spoke regarding evening loitering, fights and the destruction of landscaping near Third Street Coffee and requested the City’s assistance with this problem before it gets out of hand. Richard Pridham, resident of Downey, complained about street lights being out along Firestone Boulevard in the area of the easterly boundary of Downey High School, throught the north side to Brookshire; from Mimi’s restaurant to past Downey Avenue; and from Old River School Road to the area near All American Home Center. Lennie Whittington, resident of Downey, spoke regarding the late night criminal problems at and near Pete’s Patio at Reeves and Firestone. Maria Larkin, President of the Chamber of Commerce, stated the Chamber has received several calls from merchants regarding the evening problems near the Third Street Coffee establishment and the concern that it will spread to other areas. She also mentioned the black markings and graffiti etched glass on the theater building that have been there for some time. OTHER BUSINESS - Council Members Comments Council Member McCarthy indicated that he will personally contact the Southern California Edison representative regarding the street lights that are out; he has received a letter giving thanks for the expansion of the Neighborhood Preservation Area to Paramount and Gardendale; and another letter commending Police Sergeant Steven Guthrie for his outstanding work in saving the life of a suicidal citizen. City Council Minutes 09/23/03 -5- 014597 Council Member Cartozian announced that he had attended, along with the Chief of Police and Fire Chief, a moving memorial service for September 1 1 observance at Downey High School; and the upcoming college football game between University of Southern California, where he is currently a student and University of California at Berkeley, where he graduated. Council Member Perkins announced that he had attended an outstanding Chamber of Commerce mixer last Thursday at a local bank; that Mike Monaco had approached him complaining of scooters that are being driven unsafely on our local streets and he thanked the Chief of Police for his prompt response; he also announced that last night he had attended the Masonic Lodge community leadership awards and noted that Mayor Trejo, Chamber President Larkin, Firefighter Joseph Reed, Police Corporal Edward Kelly and Downey Unified School District Deputy Superintendent Donna J. Boose had all received these awards. Council Member Bayer mentioned that she has also observed the driving of scooters by young teenagers; recognized in the audience Fay Campbell, appointee to the Water Facilities Corp. for District 4 and Lee Ann Sears, appointee to the Emergency Preparedness Committee for District 4, and her mother; announced that the Downey Historical will be meeting this Thursday, September 25 at 7:30 at the Barbara Riley Community Center; and that Fail Safe 4 Felines is having their 2nd fundraiser dinner on Sunday, September 28 at the Elks Lodge; and thanked the Fire Dept. for putting on the CERT class she is about to complete and also thanked Maria Larkin, Emergency Preparedness Committee member for her assistance in the training. Mayor Trejo congratulated those persons previously mentioned that had received the Masonic Lodge leadership awards along with him; had the honor of presenting a Proclamation for the 50th Anniversary of the Knights of Columbus; and presented a video of television station CBS 2 News coverage of the Governor’s approval of the sale/transfer of the former NASA property to the City of Downey. OTHER BUSINESS - Staff Comments City Manager Caton indicated that he is pleased with the new restaurant, Mi Tierra, moving into downtown and looks forward to enjoying their food. ADJOURNMENT: 9:09 p.m. The meeting adjourned in memory of John Hume, longtime Downey resident who was instrumental in the founding of the Downey Civic Light Opera, the Downey Civic Theater and the Downey Children’s Theater, to 6:30 p.m., October 14, 2003, in the Council Chamber of Downey City Hall. '@#J, Kathleen L. Midstokke, City Clerk o City Council Minutes 09/23/03 -6-