HomeMy WebLinkAboutMinutes - 08-10-04 - Regular Meeting014 g 23
MINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
AUGUST 10, 2004
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:33 p.m., August 10, 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
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 27, 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 section of the Government
Code
1. SECTION 54956.9(a) – Conference with legal counsel – existing litigation: First Baptist
Church of Downey v. City of Downey, Norwalk Superior Court Case # VS012394.
RECONVENED
The meeting reconvened in open session at 7:35 p.m. with all Council Members/-
Commissioners present. There were no Closed Session actions to report
The meeting recessed at 7:35 p.m.
City Council/Community Dev. Comm. Minutes (adj .) 08/10/04 -1-
or 4824
ORAL COMMUNICATIONS
The meeting reconvened for Oral Communications at 9:11 p.m., with all Council
Members/Commissioners present (see Oral Communications under Regular City Council Meeting)
and recessed at 9:32 p.m.
The meeting reconvened at 9:33 p.m. with all Council Members/Commissioners present.
ADJOURNMENT: 9:33 p.m.
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KATHLEEN L. MIDSTC)KKE, City Clerk/Secretary
City Council/Community Dev. Comm. Minutes (adj.) 08/10/04 -2-
..)
A
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
AUGUST 10, 2004
TABLE OF MINUTE ACTIONS
ACTIONSUBJECT
Council Member Announcements
Presentations
Proposed DMC Amendment Small & Large Family Day Care Facilities Introduced
Consent Calendar Items Removed
Council Minutes: Adj . & Reg. Meeting 07/27/04
Warrants: # 197080 – 197503; Wire Nos. 224-229, 30000847-854
$4,926,648.94
Resolution to Self-Certify City’s Conformance w/LA County MTA
Congestion Management Program
Lakewood Blvd. Improvement Project Modifications to Agreement
w/Lim & Nascimento Eng. Corp., $350,000
Reso. # 6791 Destruction of Obsolete Fire Dept. Records
Reso. #6793 Articles of Incorporation for Columbia Space Science
Learning Center Foundation
Sole Source Lease-Purchase Fire Ladder Truck, Pierce Fire Apparatus. Continued
08/24/04
Adopted
PAGE NO.
1
2
2
3
3
3
Approved
Approved
Set Hearing
08/24/04
Approved
3
3
3
4
4
Adopted
Adopted
Reso. #6792 Waive Required Prkg. Spaces for Business Brokerage
Network of California, 8141 Firestone Blvd.
Oral Communications
Adjournment to 6:30 p.m., August 24, 2004
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5
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City Council Minutes 08/10/04 - 1-
014825
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
AUGUST 10, 2004
The City Council of the City of Downey held a Regular Meeting at 7:40 p.m., August 10,
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
Desi Alvarez, Director of Public Works
John Finch, Chief of Police
Bonnie Kehoe, Director of Community Services
John Michicoff, Director of Finance
Mark Sauter, Fire Chief
Ron Yoshiki, Asst. Director of Community Dev./City Planner
Ed Velasco, Housing Manager
Steven Yee, Principal Planner
Susan Domen, Executive Secretary
COUNCIL MEMBER ANNOUNCEMENTS:
Council Member Trejo thanked the Police and Fire Chiefs for helping at a car wash Saturday
at Warren High School that raised over $2,000 for Josh Copeland’s leukemia treatments.
Council Member Perkins thanked Fire Department Public Education Specialist Brenda Emrick
for the outstanding job regarding National Night Out; he announced the dedication of the new Golf
Clubhouse on August 28th at 11:00 a.m.; and he recognized in the audience Larry and Levonne Marks
from Las Vegas.
Council Member Bayer announced the Citizens for Downey meeting at 7:00 a.m. tomorrow
morning at Mimi’s will be discussing Homeland Security; tomorrow evening the Downey Symphony
will be playing at the Concerts in the Park; and recognized in the audience: Terry Lambros, appointee
to the Personnel Board, her mother and Council candidates Gary DeRemer, David Gafin and Mark
Vasquez.
Mayor Pro Tempore McCarthy stated that he had met with the Police Chief and officers for a
briefing on the recent shooting at Golden Park; and thanked Supervisor Knabe and Field
Representative Rick Velasquez for their assistance to a local restaurant with health inspection issues.
City Council Minutes 08/10/04
O:L4€2}$.
Mayor Cartozian recognized in the audience: Mark Morris, Downey School Board
Member/City Employee and Fred Cartozian, his father; and thanked the Building and Planning
Divisions for their availability and addressing operational issues.
PRESENTATIONS :
Mayor Cartozian presented Certificates of Appreciation to members of the Second Century
Foundation for their participation in Civic Center’s 20th Anniversary Open House on April 22, 2004.
PUBLIC HEARINGS :
1.PROPOSED DOWNEY MUNICIPAL CODE AMENDMENT TO SECTIONS 9104
AND 9110 RELATING TO SMALL AND LARGE FAMILY DAY CARE HOMES IN
RESIDENTIAL AREAS.
Mayor Cartozian opened the Public Hearing at 7:52 p.m. City Clerk Midstokke affirmed
receipt of Proof of Publication. It was moved by Council Member Perkins, seconded by Mayor Pro
Tempore McCarthy and so ordered to receive and file.
Asst. Director of Community Dev./City Planner Yoshiki presented a staff report explaining
this is a clean-up action as the City’s Code is in conflict with State requirements. State regulation
now allows small residential family day care homes to increase the number of children from six to
seven and large family day care homes have increased from 12 to 14. He noted this update allows for
any future changes to the State Code to automatically update the City’s Code.
Responding to Council questions, Asst. Director of Community Dev./City Planner Yoshiki
stated that fire doors and sprinklers are not required for these facilities as they fall under single family
Housing Codes.
As no one came forward to speak, it was moved by Council Member Perkins, seconded by
Council Member Trejo and so ordered to close the Public Hearing at 8:00 p.m.
City Clerk Midstokke read the title of the Ordinance. It was moved by Mayor Pro Tempore
McCarthy, seconded by Council Member Trejo and unanimously carried to waive further reading
and introduce the Ordinance.
ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 9104 AND 9110 OF THE DOWNEY
MUNICIPAL CODE AS IT RELATES TO SMALL FAMILY DAY CARE HOMES
AND LARGE FAMILY DAY CARE HOMES IN RESIDENTIAL ZONES (CODE
AMENDMENT NO. 04-40).
City Council Minutes 08/10/04 -3-
014327
CONSENT CALENDAR – ITEMS FOR REMOVAL
5.SOLE SOURCE LEASE-PURCHASE OF FIRE LADDER TRUCK FROM PIERCE
FIRE APPARATUS: This item was pulled at the request of Mayor Pro Tempore McCarthy
and is listed under Other Business below.
9.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY WAIVING
THE REQUIRED NUMBER OF PARKING SPACES FOR BUSINESS BROKERAGE
NETWORK OF CALIFORNIA, 8141 FIRESTONE BOULEVARD, DOWNEY,
CALIFORNIA, IN THE DOWNTOWN PARKING ASSESSMENT DISTRICT: This
item was pulled at the request of resident Guy Sterner and is listed under Other Business
below
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 27, 2004:
Approve.
3.
4.
COUNCIL MINUTES: REGULAR MEETING, JULY 27, 2004: Approve.
WARRANTS ISSUED: 197080 – 197503; WIRE NUMBERS 224-229, 30000847-854;
$4,926,648.94: Approve.
6.SET PUBLIC HEARING ON AUGUST 24, 2004 FOR RESOLUTION SELF-
CERTIFYING CITY’S CONFORMANCE WITH L.A. COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY’S CONGESTION MANAGEMENT PROGRAM:
Set Hearing 08/24/04.
7.LAKEWOOD BOULEVARD IMPROVEMENT PROJECT MODIFICATIONS TO
PROFESSIONAL SERVICES AGREEMENT WITH LIM AND NASCIMENTO
ENGINEERING CORPORATION AND AUTHORIZE ADDITIONAL
EXPENDITURE OF $350,000: Approve.
8.RESOLUTION NO. 6791 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AUTHORIZING DESTRUCTION OF CERTAIN OBSOLETE FIRE DEPARTMENT
RECORDS.
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014828
10.RESOLUTION NO. 6793 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE ARTICLES OF INCORPORATION FOR THE COLUMBIA
MEMORIAL SPACE SCIENCE LEARNING CENTER FOUNDATION.
OTHER BUSINESS – Consent Calendar – Items removed by Council Approval:
5.SOLE SOURCE LEASE-PURCHASE OF FIRE LADDER TRUCK FROM PIERCE
FIRE APPARATUS.
Fire Chief Sauter presented a staff report stating that staff had spent many hours researching
and designing the specifications for the new ladder truck. The current truck is 20 years old and has
served the City well; however, the technology and parts for the vehicle are becoming outdated. Due
to the current budget restraints the City has decided to go with a lease-purchase, which was approved
during the budget review. He continued by stating that Pierce Fire Apparatus was selected as a sole
source because the City has purchased the last two vehicles from them and is satisfied with the quality
of workmanship. Having vehicles by the same manufacturer will also be more cost effective for
mechanical issues.
In response to Council questions, Fire Chief Sauter stated that it has not been decided what to
do with the current truck, but that it could be stored in a metal building behind Station Number Three.
He also clarified that the previous vehicles were sole source purchases.
City Attorney Vose explained that due to the uniqueness of the equipment specifications, sole
sourcing is not uncommon and is legal under the purchasing rules.
City Manager Caton explained that due to the other major increases in the Fire Departments
budget this year, staff has chosen not to incur further debt and therefore chose the lease purchase.
Council Member Perkins requested that further information be brought back to Council on the
payment details of the contract.
Council Member Trejo requested that a comparison be done on the maintenance cost of
having the same manufactured vehicles compared to having different manufacturers.
It was moved by Council Member Perkins, seconded by Mayor Pro Tempore McCarthy and
unanimously carried to continue to the regular meeting of the City Council on August 24, 2004.
9.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY WAIVING
THE REQUIRED NUMBER OF PARKING SPACES FOR BUSINESS BROKERAGE
NETWORK OF CALIFORNIA, 8141 FIRESTONE BOULEVARD, DOWNEY,
CALIFORNIA, IN THE DOWNTOWN PARKING ASSESSMENT DISTRICT.
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. .01482:)
Guy Sterner, resident of Downey, stated that he was an effected property owner and that staff
had misrepresented the facts concerning this property in their report and map. He mentioned that
there are no easements or rights over his property. He requested that staff give a more accurate
picture when presenting items to the Council. He submitted copies of the staff report of April 13th to
the Council.
Noel Olshan, Business Brokerage Network of California Sales Representative, introduced the
owner Mr. Parmar and stated that since the issues of Mr. Sterner’s property involvement could not
reach a mutual conclusion, they are requesting the use of spaces in the public lot and agree to the
annual fee.
Lennie Whittington, resident of Downey, stated that he felt the owners of the subject property
had tried to negotiate with Mr. Sterner and should be given consideration by Council. He mentioned
steel posts being put up without permits.
RECESS
The meeting was recessed at 8:57 p.m. and reconvened at 9:04 p.m. with all Council Members
present .
Lennie Whittington, resident of Downey, continued by noting that construction has been
delayed and that the owners of the business should be treated fairly.
It was moved by Council Member Perkins, seconded by Council Member Trejo and carried by
the following vote to adopt the Resolution.
AYES :
NOES :
McCarthy, Perkins, Trejo, Mayor Cartozian
Bayer
It was moved by Council Member Trejo, seconded by Council Member Perkins and
unanimously carried to waive further reading of the Resolution.
RESOLUTION NO. 6792
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY WAIVING
THE REQUIRED NUMBER OF PARKING SPACES FOR BUSINESS BROKERAGE
NETWORK OF CALIFORNIA, 8141 FIRESTONE BOULEVARD, DOWNEY,
CALIFORNIA, IN THE DOWNTOWN PARKING ASSESSMENT DISTRICT.
ORAL COMMUNICATIONS
Ken Miller, resident of Downey, former Council Member, addressed the naming of the plaza
in his honor for his achievements and gave suggested wording for the plaque.
Terry Lambros, resident of Downey, commented on the Ken Miller Plaza, gave suggested
wording for plaque and suggested a citizens committee be created to address these issues in the fUture.
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.01483 :)
Margaret Fagan, resident of Downey, commented on Ken Miller Plaza stating that she was a
City employee at the time Mr. Miller conducted research on tax issues, showing an ongoing tenacity.
Pastor Don Metcalf, Desert Reign Assembly of God, indicated that the church has purchased
the former Stats property in hopes of constructing a Church and related facilities but cannot due to
zoning/General Plan inconsistencies.
OTHER BUSINESS – Council Member Requests for Future Agenda Items: None.
ADJOURNMENT: 9:33 p.m.
The meeting adjourned in memory of former Council Member Giles Hollis, who served on
the Council from 1971-1972, to 6:30 p.m., August 24, 2004 in the Council Chamber of Downey City
Hall
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KATHLEEN L. MIDSTOKKF, City Clerk KTRK O. CARTO
City Council Minutes 08/10/04 -7-