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HomeMy WebLinkAboutMinutes - 11-09-04 - Regular Meetingul 4'3 /3 MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING NOVEMBER 9, 2004 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:37 p.m., November 9, 2004, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairman Kirk Cartozian presiding. PRESENT:Council Members/Commissioners: Kirk O. Cartozian Keith McCarthy Anne M. Bayer Meredith H. Perkins Rick Tmjo Mayor/Chairman Mayor Pro Tempore/Vice-Chairman (arrived at 6:43 p.m.) ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Charles S. Vose, City Attorney Kathleen L. Midstokke, City Clerk/Secretary Lee Powell, Assistant City Manager Art Rangel, Interim Director of Community & Economic Development Steven Yee, Principal Planner Mark McDaniel, Police Officer APPROVAL OF CLOSED SESSION MINUTES It was moved by Mayor Pro Tempore/Vice-Chairman McCarthy, seconded by Mayor/Chairman Canozian and unanimously carried (4/0) to approve the Closed Session Minutes of October 26, 2004. ORAT I COMMUNICATIONS Lennie Whittington, resident of Downey, read a letter from Robert Brazelton asking that the Council not take action on Item Number Three; and requested that this item be put off until the new Council is seated. Louis Pintola, representing the Downey Chamber of Commerce, indicating that they are opposed to buy outs of any City employee contracts at this time. City Council/Community Dev. Comm. Minutes (adj.) 11/09/04 -1- ul 4 ', Ji) RECESS TO CLOSED SESSION Mayor/Chairman Cartozian announced the Council/Commission is recessing to Closed Session (6:42 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 Steven Yee re: property at 9066 Firestone Boulevard; negotiating party: Foundations, LLC; under negotiation: price and terms of payment. 2. SECTION 54957 – Public Employee Performance Evaluation/Appointment/Employment (Lee Powell, negotiator) – City Attorney. 3. SECTION 54957 – Public Employee Performance Evaluation/54957.6 – Salary Negotiations (Charles Vose, negotiator) – City Manager. Council Member/Commissioner Perkins arrived at 6:43 p.m. 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. 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 8:36 p.m. The meeting reconvened at 9:21 p.m. with all Council Members/Commissioners present. Mayor/Chairman Cartozian announced the Council/Commission is recessing back to Closed Session (9:21 p.m.) to continue discussing items previously listed. The meeting reconvened in open session at 10:00 p.m. with all Council Members/- Commissioners present. There were no Closed Session actions to report. ADJOURNMENT: 10:00 p.m. iiiLEEN L:MIDSTO©City Clerk/Secretary 0. CARTOZLAN Fayor/Chairman City Council/Community Dev. Comm. Minutes (adj.) 11/09/04 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING NOVEMBER 9, 2004 TABLE OF MINUTE ACTIONS SUBJECT Council Member Announcements ACTION PAGE NO. Presentations 2 2 2 3 3 3 3 3 3 3 3 4 4 4 4 5 Oral Communications Consent Calendar Items Removed Council Minutes: Adj . & Reg. Meetings 10/26/04 CC #647 – Bellflower Blvd. Water Main Improvement Proj . CC #648A – 12400 Clark Ave. Site Clearing & Soil Remediation Proj . Warrants: # 199413 – 199654; Wire Nos. 238. 30000905-912 $2,290,820.38 Appropriate $13,000 for Anti-Spam Computer Software Approved Appropriate $9,100 for 2 Mobile Radios for new Paramedic Squad Approved Reso. #6813 MOU w/Downey Public Safety Auxiliary Association Adopted Reso. #6814 Establish All-Way Stop @ New St. & Fifth St. Adopted Ord. #1168 Amend DMC Re: to Rules of Conduct for City Council Mtgs. Adopted Employment Agreement w/City Attorney Charles S. Vose Continued Council Minutes: Special Meeting October 29, 2004 Approved CC #S.S. 542 Downey Ave. Sidewalk System Project Approved Reso. # 6812 Approving Prog. Supp. #A28 to State Master Agrmt. Adopted #000332, Safe Route to School (SR2S), Downey Ave. Award Contract to LA Engineering, $416,825 Approved Approved Approved Approved Approved 5 COUNCIL MINUTES, NOVEMBER 9. 2004 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. 5Council Member Requests for Future Agenda Items Staff Member Comments 5 5Adjournment to 6:30 p.m., November 23, 2004 ul 4 bSt MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING NOVEMBER 9, 2004 The City Council of the City of Downey held a Regular Meeting at 7:47 p.m., November 9, 2004, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, 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 Desi Alvarez, Director of Public Works Mark Dryer, Police Captain Bonnie Kehoe, Director of Community Services Mark McDaniel, Police Officer John Michicoff, Director of Finance Art Rangel, Interim Director of Community & Economic Development Mark Sauter, Fire Chief Linda Haines, Building Official Ed Velasco, Housing Manager Steven Yee, Principal Planner Ron Yoshiki, Asst. Director of Community Dev./City Planner Susan Domen, Executive Secretary COUNCIL MEMBER ANNOUNCEMENTS : Council Member Bayer mentioned that she attended a re-certification Emergency Preparedness class, noting that three people from the class had recently assisted hurricane victims in Florida; and she attended a bus tour with the Parks and Recreation Department to the Ronald Reagan Library which included lunch at the Elephant Bar restaurant. Mayor Pro Tempore McCarthy said on November 3Td he attended the “Art of Rancho“ show of art work by the clients of Rancho Los Amigos Rehabilitation Center; mentioned attending the Mayor’s Prayer Breakfast on November 4th and thanked the Christian Businessmen’s Association for their sponsorship of the event; requested that the revised Fire Code adopted on May 25, 2004, be revisited at the next meeting; and asked that a report on the formation of a Heritage/Historical Commission be presented at the next meeting; also requested that the status ofmansionazation in residential construction be given at the next meeting; and announced that on November 13th & 14th Lakewood Boulevard will be closed from 3:00 a.m. to 8:00 p.m. for work on the railroad tracks. City Council Minutes 11/09/04 -1- Li 14 b / ’ ) PHP Council Member Trejo commended Public Works for the new landscaping on Brookshire Avenue near Cherokee Drive; and also for the new sidewalks on Gallatin Road. Council Member Perkins congratulated Council Member Trejo on his re-election; David Gafin on his election in District 1 and Mayor Cartozian on his re-election; mentioned he attended an event of True Lasting Connections, a youth program; commented on attending the recent Downey Regional Medical Center Ball, noting that a Downey resident has donated $30 Million for construction of a new wing; said he attended: the Pumpkin Patch sponsored by the City, Optimists and Soroptimists; the Youth Fishing Derby at Wilderness Park; the Oktoberfest sponsored by the Soroptimists; and the grand opening of new McDonald’s on Firestone Boulevard; and lastly he addressed the ongoing matter of the City Manager’s performance evaluation. PRESENTATIONS : Mayor Cartozian presented a Certificate of Appreciation to Linda Kennedy for 38 years of service to the Downey Unified School District. Mayor Cartozian presented a Certificate of Appreciation to Wendy McKinsey for 38 years of service to the Downey Unified School District. Mayor Cartozian presented a Proclamation declaring November 7-13 as Key Club Week to James Min, Patricia Yoon, Regina Kim and Esther Kim, Warren High School Key Club members. ORAL COMMUNICATIONS Lennie Whittington, resident of Downey, responded to comments made by Council Member Perkins in regards to the City Manager’s performance evaluation. Barbara Samperi, resident of Downey, thanked Council Member Perkins for his comments in regards to the City Manager’s performance evaluation. The meeting was recessed at 8:36 p.m. to the Community Development Commission meeting and reconvened at 9:00 p.m. CONSENT CALENDAR – ITEMS FOR REMOVAL 3. 4. COUNCIL MINUTES: SPECIAL MEETING, OCTOBER 29, 2004: This item was removed at the request of Council Member Trejo and is listed under Other Business below. CASH CONTRACT #S.S. 542 – DOWNEY AVENUE SIDEWALK SYSTEM PROJECT: A. B. RESOLUTION FOR PROGRAM SUPPLEMENT NO. A28 TO CITY/STATE MASTER AGREEMENT NO. 000332; AWARD CONTRACT TO LOS ANGELES ENGINEERING IN THE AMOUNT OF $416,825; City Council Minutes 11/09/04 -2- U 1 4 xi This item was removed at the request of Council Member Trejo and is listed under Other Business below. CONSENT CALENDAR It was moved by Mayor Pro Tempore McCarthy, 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: 1.COUNCIL MINUTES: ADJOURNED REGULAR MEETING. OCTOBER 26. 2004 : Approve. COUNCIL MINUTES: REGULAR MEETING, OCTOBER 26, 2004: Approve. CASH CONTRACT #647 – BELLFLOWER BOULEVARD WATER MAIN IMPROVEMENT PROJECT: AWARD CONTRACT TO ROBERT G. CASTONGIA IN THE AMOUNT OF $329,280.40: Approve. CASH CONTRACT #648A – 12400 CLARK AVENUE SITE CLEARING AND SOIL REMEDIATION PROJECT: 2. 5. 6. A. AWARD CONTRACT TO PAVEMENT RECYCLING SYSTEMS IN THE AMOUNT OF $849,919: Approve. APPROPRIATE $740,000 FROM THE LEARNING CENTER FUND: Approve. ON-CALL AGREEMENT WITH LEYMASTER ENVIRONMENTAL CONSULTING: Approve. WARRANTS ISSUED: 199413 – 199654; WIRE NUMBERS 238. 30000905-912: $2,290,820.38: Approve. APPROPRIATE $13,000 FOR ANTI-SPAM COMPUTER SOFTWARE FOR CITY'S COMPUTER NETWORK SYSTEM: Approve. APPROPRIATE $9,100 FOR TWO MOBILE RADIOS FOR NEW PARAMEDIC SQUAD : Approve. B. C. 7. 8. 9. 10.RESOLUTION NO. 6813 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING WITH THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION. 11.RESOLUTION NO. 6814 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING AND ALL-WAY “STOP” SIGN AT THE INTERSECTION OF NEW STREET AND FIFTH STREET. City Council Minutes 11/09/04 -3- Li:='t 3.4 12.ORDINANCE NO. 1168 (ADOPT) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE RELATING TO RULES OF CONDUCT FOR THE CITY COUNCIL MEETINGS AND ENFORCEMENT THEREOF. ADMINISTRATIVE REPORTS : 13.EMPLOYMENT AGREEMENT WITH CITY ATTORNEY CHARLES S. VOSE. City Manager Caton stated that the terms of this agreement are still being negotiated and requested the item be continued until the November 23, 2004 Council Meeting. Lennie Whittington, resident of Downey, requested that staff include in their report the complete cost to the taxpayers to vest Mr. Vose in the PERS system. OTHER BUSINESS – Consent Calendar – Items removed by Council Approval: 3.COUNCIL MINUTES: SPECIAL MEETING, OCTOBER 29, 2004: Approve. Council Member Trejo stated that he would be abstaining from the vote due to his absence from the meeting. It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Perkins and carried by the following vote to approve the minutes. AYES : McCarthy, Perkins, Mayor Cartozian NOES : None ABSTAIN: Bayer, Trejo 4.CASH CONTRACT #S.S. 542 – DOWNEY AVENUE SIDEWALK SYSTEM PROJECT: A.RESOLUTION FOR PROGRAM SUPPLEMENT NO. A28 TO CITY/STATE MASTER AGREEMENT NO. 000332: Adopt. B.AWARD CONTRACT TO LOS ANGELES ENGINEERING IN THE AMOUNT OF $416,825: Approve. Council Member Trejo noted that he had recently attended an event at Gallatin Elementary School and had received many compliments and thanks from the parents for the installation of the sidewalks in that area. He thanked Public Works Director Alvarez and his staff for finding the funding for the project and doing an excellent job. City Clerk Midstokke read the title of the Resolution. City Council Minutes 11/09/04 -4- ' u i 4 li Prior to the vote, Council Member Perkins mentioned that only 85 projects were approved Statewide with Downey being one of them and commended Council Member Trejo for enduring and seeing this project through. Mayor Pro Tempore McCarthy requested that Public Works Director Alvarez have staff look at making improvements at the intersection of Gardendale Avenue and Lakewood Boulevard due to increased traffic flow. RESOLUTION NO. 6812 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. A28 TO STATE-DOWNEY MASTER AGREEMENT NO. 000332, COVERING CONSTRUCTION OF SAFE ROUTE TO SCHOOL (SR2S) PROGRAM ON DOWNEY AVENUE BETWEEN FIRESTONE BOULEVARD AND GARDENDALE STREET. It was moved by Council Member Trejo, seconded by Council Member Perkins and unanimously carried to waive further reading and adopt the Resolution; and award Cash Contract No. S.S.542 to Los Angeles Engineering in the amount of $416,825. OTHER BUSINESS – Council Member Requests for Future Agenda Items: Council Member Trejo requested Director of Community Services Kehoe to look into having the fields at Apollo Park improved. Mayor Cartozian mentioned the restrictions on parking along Firestone Boulevard noting that we need to have open ears to the business community; and mentioned that everyone is making efforts with the City’s best interest in mind and we all need to work together as a team. STAFF MEMBER COMMENTS : City Manager Caton noted that Police Captain Mark Dryer was recently offered a Police Chief position in another City and has decided to remain with Downey. The meeting recessed at 9:21 p.m. and reconvened at 10:00 p.m. with all Council Members present. ADJOURNMENT: 10:00 p.m. The meeting adjourned in memory of Dr. Edward Mongan, former Library Advisory Board Member, District 3; and Nadine Hare, longtime Downey resident to 6:30 p.m., November 23, 2004 in the Council Chamber of Downey City Hall. KATHLEEN L. MIDSTOKKE, City Clerk C faia City Council Minutes 11/09/04 -5-