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HomeMy WebLinkAboutMinutes - 07-27-04 - Regular Meeting0148.12 MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JULY 27, 2004 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:35 p.m., July 27, 2004, in the Council Chamber of the Downey City Hall, Mayor/Chairman Kirk Cartozian presiding. PRESENT:Council Members/Commissioners: Kirk O. Cartozian Keith McCarthy Anne M. Bayer Meredith H. Perkins Rick Trejo 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 Manager Darrell George, Director of Community & Economic Development APPROVAL OF CLOSED SESSION MINUTES It was moved by Council Member/Commissioner Perkins, seconded by Council Member/Commissioner Trejo and unanimously carried to approve the Closed Session Minutes of July 13, 2004. RECESS TO CLOSED SESSION Mayor/Chairman Cartozian announced the Council/Commission is recessing to Closed Session (6:36 p.m.) to discuss matters under the authority of the following sections of the Government Code: 1. SECTION 54956.8 – Conference with real property negotiator Darrell George re: property at 8764 Firestone Boulevard; negotiating party: Citigroup Inc. Corporate Realty Services.; under negotiation: price and terms of payment. 2. SECTION 54957 – Public Employee Performance Evaluation – City Clerk. City Council/Community Dev. Comm. Minutes (adj .) 07/27/04 -1- 014813 RECONVENED The meeting reconvened in open session at 7:30 p.m. with all Council Members/- Commissioners present. There were no Closed Session actions to report The meeting recessed at 7:30 p.m. ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 8:30 p.m., with all Council Members/Commissioners present (see Oral Communications under Regular City Council Meeting) and recessed at 8:44 p.m. The meeting reconvened at 10:10 p.m. with members present. ADJOURNMENT: 10:10 p.m. IM/„A# KATHLEEN L. MnJSTOKKE, City Clerk/Secretary KIRK O. CARTOZIAN, Mayor/ City Council/Community Dev. Comm. Minutes (adj .) 07/27/04 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JULY 27, 2004 TABLE OF MINUTE ACTIONS SUBJECT Council Member Announcements ACTION PAGE NO. Presentations Pub. Hrg. Underground Utility District #19, Lakewood Blvd. 2 2Adopted Reso #6784 Oral Communications Consent Calendar Items Removed Council Minutes: Adj . Meeting 07/13/04 Council Minutes: Adj . & Reg. Meeting 07/13/04 Cash Contract #S.S. 565 – Residential Street Resurfacing Warrants: # 196754 – 19709; Wire Nos. 223, 30000839-846 $7, 176,653.38 Contract w/Verizon for Police Mobile Data Services Approved Amendment to Downey Municipal Code, Art. IX, Sects. 9104 & 9110, Set Hearing Small & Large Family Day Care Homes in Residential Zones 8/10/2004 Annual Proj . Update for Expenditure of Prop A & C Funds Approved Agreement with Downey Chamber of Commerce, FY 2004-05 Approved Reso. #6785 Class Specs & Salary Range for Rec. & Social Srvcs. Mgr. Adopted Reso. #6786 Approve Destruction of Finance Obsolete Records Adopted Reso. #6788 Authorize Filing of App. For Local Law Enforcement Adopted Block Grant Program Reso. #6789 Authorize Police Dept. to File & Receive Juvenile Accountability Block Grant Funds Reso. #6790 Approve Final Sub. Map #60686 (8734-8738 Prichard St.) Adopted 3 3 4 4 4 4 Approved Approved Approved Approved 4 4 4 4 4 4 5 5 5 Adopted SUBJECT Cable TV Franchise Assessment Needs ACTION Approved Comm. Mtgs. Continued Approved Approved PAGE NO. 5 City Facility Naming Policy Additional Criteria Extend Agrmt. w/Harden Carter for Professional Planning Services Contract w/Zucker Systems for Comprehensive Examination of City’s Development Permit Process Reso. # 6787 MOU w/Downey City Employees Association- Maintenance Unit Council Member Requests for Future Agenda Items Adjournment to 6:30 p.m., August 10, 2004 5 7 7 Adopted 8 8 9 014814 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JULY 27, 2004 The City Council of the City of Downey held a Regular Meeting at 7:37 p.m., July 27, 2004, in the Council Chamber of the Downey City Hall, Mayor Kirk Cartozian presiding. PRESENT:Council Members: Kirk O. Cartozian Keith McCarthy Anne M. Bayer Meredith H. Perkins Rick Trejo Mayor Mayor Pro Tempore ALSO PRESENT:Gerald M. Caton, City Manager Charles S. Vose, City Attorney Kathleen L. Midstokke, City Clerk Lee Powell, Assistant City Manager James Makshanoff, Assistant to the City Manager John Finch, Chief of Police Darrell George, Director of Community & Economic Development Bonnie Kehoe, Director of Community Services John Michicoff, Director of Finance Mark Sauter, Fire Chief Linda Haines, Building Official Anthony La, Deputy Director of Public Works Ron Yoshiki, Asst. Director of Community Dev./City Planner Susan Domen, Executive Secretary COUNCIL MEMBER ANNOUNCEMENTS: Council Member Bayer recognized Fay Campbell, Water Facilities Corporation member and Gary DeRemer, candidate for City Council, District Five, in the audience. Mayor Pro Tempore McCarthy recognized Planning Commissioner David Gafin and Hospital Commissioner Mark Vasquez, both candidates for City Council, District One, in the audience. He noted that he had attended a public meeting Saturday, at Sussman Middle School on the proposed Underground Utility District and thanked staff for their presentation; and he requested staff to research the cost of providing spam protection software on the City’s computers. Council Member Perkins announced that Moonlight Express will be the featured band at Concerts in the Park tomorrow night; and the Pro Shop and golf carts have moved into the new Rio Hondo Golf Course Clubhouse and the food vendor is now operating the snack bar. City Council Minutes 07/27/04 -1- . 014813 C'ouncil Member Trejo announced that there will be a fundraiser Car Wash Saturday, July 3 1, 2004, at Warren High School from 7:00 a.m. to 1:00 p.m. for the Friends of the Copeland Family, in support of Josh Copeland who has recently been diagnosed with leukemia. Mayor (_'artozian announced that he had attended a Unity in the Community event at Treasure Island Park and thanked staff and residents for the pro-active measures they have taken; he also mentioned that with the Clubhouse at the Rio Hondo Golf Course nearing completion, the public Grand Opening has been set for August 28, 2004; and recognized former Mayors Bob Winningham and Diane Boggs; Eddie Tafoya, Held representative for Congress Member Lucille Roybal-Allard; and Jim Derry, past Chairman of the YMCA annual campaign, in the audience. PRESENTATIONS : Mayor Cartozian presented the Mayor’s Academic Excellence Award to Andrew Fuenmayor, Downey High School 2004 Graduate. Mayor Cartozian presented a proclamation declaring July as Parks and Recreation Month to Community Services staff: Monica Ortiz, Kevin Ellis, Sheila Pautsch, Adolfo Estrada, Teri Akloff, Heidi Lockwood, Thomas Henritze, Chantal Rodriguez, Kelly Barker, Gene Sposto and Adriana Segura Mayor Cartozian presented a proclamation declaring August 3, 2004 as National Night Out to Fire Chief Sauter, Police Chief Finch and Public Education Specialist Emrick. Mayor Cartozian presented a proclamation declaring Todd and Beth Comin, Mark and Danette Hudkins9 Charles and Vera Johnson, and Johnny and Tina Venegas as 2004 Parents of the Year. PUBLIC HEARINGS : 1.UNDERGROUND UTILITY DISTRICT NO. 19, LAKEWOOD BOULEVARD ALONG THE LENGTH OF LAKEWOOD BOULEVARD FROM IMPERIAL HIGHWAY TO THE 1-105 FREEWAY. Mayor Cartozian opened the Public Hearing at 8:25 p.m. City Clerk Midstokke affirmed receipt of Proof of Publication and Affidavit of Mailing of Notices. It was moved by Council Member Perkins, seconded by Mayor Pro Tempore McCarthy and so ordered to receive and file. A staff report was presented by Deputy Director of Public Works La explaining that two Resolutions were adopted by the Council establishing Districts 18 and 19 for the undergrounding of utilities along Lakewood Boulevard. Resolution No. 6750 intends to use Lakewood Boulevard fUnds and work is to be done concurrently with the construction on Lakewood Boulevard. Resolution No. 6751 establishes that this portion of the work will be paid by Rule 20B funds. This Public Hearing is required before the funds can be used. Mayor Pro Tempore McCarthy clarified that the section from Imperial to the 1- 105 Freeway is to be paid from the Rule 20B funds, which are provided by Edison and already set aside. City Council Minutes 07/27/04 0.14816 As no one came forward to speak, it was moved by Council Member Perkins, seconded by Mayor Pro Tempore McCarthy and so ordered to close the Public Hearing at 8:28 p.m. City Clerk Midstokke read the title of the Resolution. It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Bayer and unanimously carried to waive further reading and adopt. RESOLUTION NO. 6784 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING AN UNDERGROUNDING UTILITY DISTRICT ALONG THE LENGTH OF LAKEWOOD BOULEVARD FROM IMPERIAL HIGHWAY TO THE 1-105 FREEWAY AND CAUSING ALL SPECIFIED UTILITIES THEREIN TO BE RELOCATED UNDERGROUND (DISTRICT NO. 19). ORAI / COMMUNICATIONS Robert Bryan, President Downey City Employee’s Association – Maintenance Unit, requested to speak on Item number 14. Maria Larkin, resident of Downey, expressed her support for City Manager Caton, the services he provides to the City and that consideration should be given to forming a Committee including CItIzens Lennie Whittington, resident of Downey, expressed his support for City Manager Caton; and requested that the Mayor reimburse the City for the two months he was out of the country and received City reimbursement for expenses. Laura Wilson, City Code Enforcement Officer, thanked the City and staff for their support during the recent passing away of her father. CONSENT CALENDAR – ITEMS FOR REMOVAL 8.EXTEND AGREEMENT WITH HARDEN CARTER FOR PROFESSIONAL PLANNING SERVICES FOR $60,000. This item was pulled at the request of Mayor Cartozian and is listed under Other Business below. 9.CONTRACT WITH ZUCKER SYSTEMS FOR COMPREHENSIVE EXAMINATION OF THE CITY’S DEVELOPMENT PERMIT PROCESS FOR $28,240. This item was pulled at the request of Mayor Cartozian and is listed under Other Business below. 14.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/ MAINTENANCE UNIT. This item was pulled at the request of Mayor Cartozian and is listed under Other Business below. City Council Minutes 07/27/04 -3- 014817 CONSENT CALENDAR It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Perkins 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, JULY 13, 2004: Approve. 3. 4. COUNCIL MINUTES: REGULAR MEETING, JULY 13, 2004: Approve. CASH CONTRACT #S.S. 565 – RESIDENTIAL STREET RESURFACING: ACCEPT IMPROVEMENTS AND MAINTENANCE RESPONSIBILITY; AND APPROVE THE FINAL CONSTRUCTION AMOUNT OF $305,453.17: Approve. 5.WARRANTS ISSUED: 196754 – 197079; WIRE NUMBERS 223. 30000839-846: $7,176,653.38: Approve. 6.CONTRACT WITH VERIZON FOR POLICE MOBILE DATA SERVICES FOR $55,000: Approve. 7.SET PUBLIC HEARING ON AUGUST 10, 2004 FOR AMENDMENT TO DOWNEY MUNICIPAL CODE, ARTICLE IX, SECTIONS 9104 AND 9110 RELATING TO SMALL AND LARGE FAMILY DAY CARE HOMES IN RESIDENTIAL ZONES: Approve 10.ANNUAL PROJECT UPDATE FOR EXPENDITURE OF PROPOSITION A AND C LOCAL RETURN FUNDS; AND AUTHORIZE TRANSMITTAL OF NECESSARY DOCUMENTS TO L.A. COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (MTA) : Approve. 11.AGREEMENT WITH DOWNEY CHAMBER OF COMMERCE, 2004-2005 FISCAL YEAR, FOR $24,500 TO PROMOTE WELFARE AND GROWTH OF CITY: Approve. 12.RESOLUTION NO. 6785 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING CLASS SPECIFICATION AND ESTABLISHING THE SALARY RANGE FOR RECREATION AND SOCIAL SERVICES MANAGER AND DESIGNATING THE RECREATION AND SOCIAL SERVICES MANAGER CLASSIFICATION AS MIDDLE MANAGEMENT. 13.RESOLUTION NO. 6786 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE FINANCE DEPARTMENT. City Council Minutes 07/27/04 -4- 01 4818 15.RESOLUTION NO. 6788 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE FILING OF AN APPLICATION FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM. 16.RESOLUTION NO. 6789 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE POLICE DEPARTMENT TO FILE AND RECEIVE JUVENILE ACCOUNTABILITY BLOCK GRANT FUNDS. 17.RESOLUTION NO. 6790 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 60686 (8734 – 8738 PRICHARD STREET) BY APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING A CASH DEPOSIT AS SURETY. ADMINISTRATIVE REPORTS 18. CABLE TV FRANCHISE ASSESSMENT NEEDS. Assistant to the City Manager Makshanoff presented a staff report requesting that the City hold five public meetings to receive public input on Cable TV issues. There would be one meeting held in each district and one Citywide. He explained that a professional survey might be considered after the meetings are conducted, which would cost approximately $20,000 to $30,000. Mayor Pro Tempore McCarthy mentioned that newspaper display ads should be used to advertise these meetings as they tend to draw more attention than press releases. He also requested a copy of the survey done in Bellflower. It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Perkins and unanimously carried to approve staff to conduct five town hall type meetings to discuss Cable TV issues. 19.CITY FACILITY NAMING POLICY ADDITIONAL CRITERIA. Assistant to the City Manager Makshanoff noted that a corrected Exhibit A to the staff report had been distributed and available to the public. A survey was made to approximately 400 California cities and 40 had responded. Two additional criteria are being suggested by Council Member Bayer: 1 ) that the person for which the facility is names after be deceased; and 2) that the facility being named after the someone be within his or her district. Dianne Boggs, resident of Downey, stated that while she felt the current policy is inadequate, it should be reviewed and researched in depth before adjusting. She suggested having a community group to review the criteria. City Council Minutes 07/27/04 -5- 014819 Maria Larkin, resident of Downey, expressed concern over a facility naming that was approved in June for former Council Member Ken Miller. City Manager Caton explained that a change in the policy now would not affect any previous authorizations. She then submitted suggested wording for the plaque at that facility. Robert Goldstein, resident of Downey, noted his agreement with previous speaker Boggs that the item should be thoroughly reviewed before any additions or changes were made and that the recipient have had some significant impact for the community other than just serving on Council. Council Member Bayer stated that the item had been brought forth to review the current criteria in place and to see if there were any additional ones that should be added. She noted that Assistant to the City Manager Makshanoff and herself had reviewed the items carefully and felt that these needed to be added. Mayor Pro Tempore McCarthy commented that this is a good discussion to have; but he does not agree with restricting it to the district with which they live in. He suggested that a new Commission be formed for the purpose of Historical Preservation as many other cities have done, and they could address these types of issues. Council Member Perkins noted his appreciation for the time and effort gone into researching this item although he feels that the criteria should not be adjusted at this time. Council Member Trejo stated that he could not support a policy that restricted the naming of a facility to the person being deceased as they could not enjoy it with their friends and family. Mayor Cartozian echoed his agreement with many of the statements already made by the other speakers. He would like to add that the individual to be honored be completely removed from the process of the nomination. He also stated that the formation of a Historical Preservation Commission is worthy of consideration. It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Bayer and carried by the following vote to direct staff to survey other cities and bring back guidelines on the establishment of a Historical Preservation Commission and to not take any action on the recommendations presented at this time; and for staff to bring back consideration of a policy that the person being honored be removed from the process and that it not be district specific. AYES : NOES : Bayer, McCarthy, Mayor Cartozian Perkins, Trejo Prior to the vote, Mayor Cartozian requested an amendment to the motion to state that the person who is being considered for an honor be removed from the process completely and that the location does not need to be district specific. This amendment was accepted by Mayor Pro Tempore McCarthy and Council Member Bayer. City Council Minutes 07/27/04 -6- 48:23 OTHER BUSINESS – Consent Calendar – Items removed by Council Approval: 8. EXTEND AGREEMENT WITH HARDEN CARTER FOR PROFESSIONAL PLANNING SERVICES FOR $60,000. Mayor Cartozian mentioned that currently there is a shortage of personnel in the Planning Department and this will help to fill in the gaps until staffing levels are back to normal. It was moved by Mayor Cartozian, seconded by Mayor Pro Tempore McCarthy and unanimously carried to extend the agreement with Harden Carter and appropriate funds from the general fund in the amount of $60,000. 9.CONTRACT WITH ZUCKER SYSTEMS FOR COMPREHENSIVE EXAMINATION OF THE CITY’S DEVELOPMENT PERMIT PROCESS FOR $28,240. Mayor Cartozian stated that this contractor would evaluate the City’s permit process and make recommendations for improvement. He then introduced Mr. Zucker, from Zucker Systems, to answer any Council questions. Council Member Trejo inquired as to the length of the study and was told that for a City this size, it would be between two and three months. Council Member Bayer questioned what the hours would be of the visits and what they would include. Mr. Zucker responded that it is generally around eight hours per day, however, there are evening meetings to attend and some focus groups that might require longer time periods or extra days Mayor Cartozian asked what types of concerns they have run into in other cities from staff and how they were received by staff. Mr. Zucker replied that staff is generally very receptive and helpful in the evaluation process. Mayor Pro Tempore McCarthy asked what type of follow-up work they did and was told that some city’s have requested them to come back in a year or so and do follow-up evaluation, but they keep in touch with each of their clients and they provide an evaluation form to the client to evaluate how they did at the end of the process. Lennie Whittington, resident of Downey, noted that the employees of the Building and Planning Departments are very good employees and that he feels they will become nervous by bringing in an outside evaluation company. RECESS The meeting was recessed at 9:46 p.m. and resumed at 9:52 p.m., with all Council Members present. Lennie Whittington, resident of Downey, continued by stating that the Building and Planning staff are very dedicated employees and he is concerned that bringing in an outside company will scare them off. He then read a newspaper quoting the Mayor regarding 100 cases of dissatisfied customers and requested their contact information. City Council Minutes 07/27/04 -7- . 014821 Council Member Bayer noted she was impressed by the resume of this company but due to the state of the budget, she is not able to support the item at this time. Council Member Trejo agreed with concerns about the employees becoming worried about their jobs and noted that he had supported keeping the Library open on Sundays and would rather see the money go towards this cause that would serve the citizens. Council Member Perkins stated that evaluations are a good thing if they are done fairly and that they are just seeking ways to improve the process. He also mentioned that the staff in this department is underpaid along with the City yard workers. Mayor Cartozian explained that this was more an examination of a process than an evaluation of the department that will also review compensation of the employees. It was moved by Mayor Cartozian, seconded by Mayor Pro Tempore McCarthy and carried by the following vote to approve the contract with Zucker Systems in the amount of $28,240.00 for consultant services related to the comprehensive examination of the City’s permit process. AYES : NOES : McCarthy, Perkins, Mayor Cartozian Bayer, Trejo 14.ADOPTION OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES’ ASSOCIATION/ MAINTENANCE UNIT. Robert Bryan, President of the Downey City Employees Association/ Maintenance Unit, expressed gratitude to the Council and to the City Manager, Assistant City Manager and Personnel Director for their completed negotiations on the new employee contract. City Clerk Midstokke read the title of the Resolution. It was move by Council Member Perkins, seconded by Council Member Trejo and unanimously carried to waive further reading and adopt. RESOLUTION NO. 6787 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/MAINTENANCE UNIT. OTHER BUSINESS – Council Member Requests for Future Agenda Items Council Member Bayer requested that staff bring back a report reviewing the concept of the Design Review Board at the next Council meeting. City Council Minutes 07/27/04 -8- ! el:14822 ADJOURNMENT: 10:10 p.m. The meeting adjourned in memory of Herb Hare, 52-year Downey resident and father of Laura Wilson, Code Enforcement Officer; and Cheryl Epple, Board Member of the Cerritos College District, to 6:30 p.m., August 10, 2004 in the Council Chamber of Downey City Hall. It). k–MoI=FTaRRMMKe City Council Minutes 07/27/04 -9-