HomeMy WebLinkAboutMinutes - 11-23-04 - Regular Meetingu - i 4 !'; -r 6
MINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
NOVEMBER 23, 2004
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:33 p.m., November 23, 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 Trejo
Mayor/Chairman
Mayor Pro Tempore/Vice-Chairman
(absent)
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
James Makshanoff, Assistant to the City Manager
Desi Alvarez, Director of Public Works
Art Rangel, Interim Director of Community & Economic Development
APPROVAL OF CLOSED SESSION MINUTES
It was moved by Mayor Pro Tempore/Vice-Chairman McCarthy, seconded by Council
Member/Commissioner Bayer and unanimously carried (4/0) to approve the Closed Session
Minutes of October 12 and November 9, 2004.
RECESS TO CLOSED SESSION
Mayor/Chairman Cartozian 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:
1. SECTION 54956.9, subdivision (a) – Conference with legal counsel – existing litigation:
First Baptist Church of Downey vs. City of Downey, Los Angeles Superior Court Case
#VS012394
2. SECTION 54957 – Public Employee Performance Evaluation/Appointment/Employment
(Lee Powell, negotiator) – City Attorney.
City Council/Community Dev. Comm. Minutes (adj .) 11/23/04 -1-
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3. SECTION 54956.9, subdivision (c) – Conference with legal counsel – anticipated
litigation (initiation of litigation) (one potential case).
RECONVENED
The meeting reconvened in open session at 7:30 p.m. noting the absence of Council
Member/Commissioner Trej o.
City Attorney Vose stated that the City Council had by unanimous decision with a motion by
Mayor/Chairman Cartozian, a second by Mayor Pro Tempore/Vice-Chairman McCarthy, authorized
the City to join with other Coalition for Practical Regulation Cities to initiate litigation for declaratory
relief from the NPDES Municipal MS4 permit.
The meeting recessed at 7:31 p.m.
ORAL COMMUNICATIONS
The meeting reconvened for Oral Communications at 8:29 p.m. noting the absence of
Council Member/Commissioner Trejo (see Oral Communications under Regular City Council
Meeting) and recessed at 8:35 p.m.
The meeting reconvened at 9:00 p.m. noting the absence of Council Member/Commissioner
Trej o
ADJOURNMENT: 9:00 p.m.
404.t
KIRK o. CARTOZIAN, M 4%%„)b.
KATHLEEN L. MIDSTOKKF. City Clerk/Secretary
City Council/Community Dev. Comm. Minutes (adj.) 11/23/04 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
NOVEMBER 23, 2004
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Council Member Announcements
Presentations 2
Consent Calendar Items Removed
Council Minutes: Adj . & Reg. Meetings 11/09/04 Approved
CC #S.S. 548 – Paramount Blvd. & Gallatin Rd. Pavement Rehab. Approved
Warrants: # 199655 – 200058; Wire Nos. 30000895-896, 30000913-918 Approved
$2,813,223.11
Final Fiscal Year 2004-05 Budget including adjustments Approved
Carry-Forward Appropriation $756,447.14 FY ended 6/30/04 Approved
21st Century Comm. Learning Centers Core Grant: appropriate $178,880 Approved
from CA Dept of Education & approve Agreement w/Global Learning
Accept & appropriate $25,000 from Verizon Foundation Grant for Approved
E-Mission Program @ Columbia Memorial Space Science Center
Agreement w/Tri Span for Hazardous Material Abatement @ 12408
Lakewood Blvd.
Renewal of Agreement for Joint Powers Communication Center
w/Compton, Montebello & Santa Fe Springs
Employment Agreement w/City Attorney Charles S. Vose
Ord. Amending DMC re: Speed Limits, Haledon Ave. & Bellflower Blvd. Introduced
Consideration of Initiating Process Modifying Fire Ordinance re:
Installation of Fire Alarms & Automatic Fire Extinguishing Systems
2
2
2
2
3
3
3
3
Approved 3
Approved 3
Withdrawn 3
3
Agendized 4
Oral Communications 5
Status on Study ofMansionization in Residential Construction
Appropriate $94,050 in Grant Funds for Construction of Traffic Mgmt.
Center
Referred to PC 5
Approved 5
COUNCIL MINUTES, NOVEMBER 23, 2004
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Council Member Requests for Future Agenda Items 5
6Adjournment to 6:00 p.m., December 7, 2004
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MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
NOVEMBER 23, 2004
014388
The City Council of the City of Downey held a Regular Meeting at 7:35 p.m., November 23,
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
(absent)
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
Angie Avery, Recreation and Social Services Manager
Loren Behr, Executive Director
John Finch, Police Chief
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
Susan Domen, Executive Secretary
COUNCIL MEMBER ANNOUNCEMENTS:
Council Member Bayer mentioned attending the lst Annual Downey Interfaith Fellowship
Community Thanksgiving service last Sunday at St. Marks Episcopal Church.
Mayor Pro Tempore McCarthy noted that this is his last regular City Council meeting; he had
attended the employee service awards dinner last Tuesday; and moderated SCAG’s Annual Awards
dinner last Thursday at the Disney Center. He mentioned attending a Housing Summit in Santa Fe
Springs; the AQMD Awards dinner wherein Downey and Gateway Cities COG received an award for
their program of getting pre 1984 diesel trucks off the road; and thanked Assistant to the City
Manager Makshanoff for working on the proposed Cultural Heritage Preservation item. He
announced that Congresswoman Lucille Roybal-Allard had helped secure funding in the amounts of
$248,000 for stormwater pollution in the L.A. River and $4.5 Million for the San Gabriel River Basin
clean up; and he noted that we should all be grateful this Thanksgiving.
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' ' Council Member Perkins noted that Boy Scout Troup # 441, in the audience tonight for work
on a merit badge, is celebrating its 60th year anniversary in Downey; stated that he has enjoyed
working with Mayor Pro Tempore McCarthy for the last six years; mentioned attending the employee
service awards and the Holiday Lane Parade appreciation luncheon; and wished everyone a Happy
Thanksgiving.
Mayor Cartozian mentioned attending the employee service awards and touring the new
administration building at Warren High School; he noted that it was Council Member Perkins’
birthday a few weeks ago and that Thursday is former Council Member Wirmingham’s birthday; he
announced that Sunday, December 5th will be the annual Holiday Lane Parade and congratulated
California University Berkeley’s football coach Jeff Tedford, formerly of Downey, on the securing of
a Rose Bowl appearance this year; and stated that in the last four years working with Mayor Pro
Tempore McCarthy he has learned a lot and appreciates his knowledge, dedication and experience.
PRESENTATIONS
Mayor Cartozian presented the Mayor’s Academic Excellence Award to Fabiola Espinoza,
Senior at Warren High School.
CONSENT CALENDAR – ITEMS FOR REMOVAL
10.APPROPRIATE $94,050 1N GRANT FUNDS FOR CONSTRUCTION OF A
CENTRALIZED TRAFFIC MANAGEMENT CENTER: This item was removed at the
request of Mayor Pro Tempore McCarthy and is listed under Other Business below.
CONSENT CALENDAR
It was moved by Councilmember Perkins, seconded by Councilmember Bayer and
unanimously carried (4/0) to approve the remainder of the Consent Calendar items as
recommended:
1.
2.
3.
COUNCIL MINUTES: ADJOURNED REGULAR MEETING, NOVEMBER 9. 2004:
Approve.
COUNCIL MINUTES: REGULAR MEETING, NOVEMBER 9, 2004: Approve.
CASH CONTRACT #S.S. 548 – PARAMOUNT BOULEVARD AND GALLATIN
ROAD PAVEMTENT REHABILITATION: AWARD CONTRACT TO ALL
AMERICAN ASPHALT IN THE AMOUNT OF $779,192.25; AND APPROPRIATE
$346,727 1N TRANSPORTATION EQUITY ACT FOR 21ST CENTURY GRANT
FUNDS: Approve.
4.
5.
WARRANTS ISSUED: 199655 – 200058; WIRE NUMBERS 30000895-896: 30000913-
918; $2,813,223.11: Approve.
FINAL FISCAL YEAR 2004-05 CITY BUDGET INCLUDING ADJUSTMENTS:
Approve.
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6.CARRY-FORWARD APPROPRIATION IN THE AMOUNT OF $756,447.14 FOR
FISCAL YEAR ENDED JUNE 30, 2004: Approve.
7.21ST CENTURY COMMUNITY LEARNING CENTERS CORE GRANT:
APPROPRIATE $178,880 FROM CALIFORNIA DEPARTMENT OF EDUCATION;
AND EXECUTE AGREEMENT WITH GLOBAL LEARNING: Approve.
8.ACCEPT AND APPROPRIATE 525,000 FROM VERIZON FOUNDATION GRANT
FOR E-MISSION PROGRAM AT COLUMBIA MEMORIAL SPACE SCIENCE
LEARNING CENTER: Approve.
9.AGREEMENT WITH TRI SPAN FOR HAZARDOUS MATERIAL ABATEMENT AT
12408 LAKEWOOD BOULEVARD IN THE AMOUNT OF $25,200: Approve.
11.RENEWAL OF AGREEMENT FOR JOINT POWERS COMMUNICATION CENTER
WITH THE CITIES OF COMPTON, MONTEBELLO AND SANTA FE SPRINGS:
Approve
RESOLUTIONS
12.RESOLUTION APPROVING EMPLOYMENT AGREEMENT WITH CITY
ATTORNEY CHARLES S. VOSE.
City Manager Caton requested that the item be withdrawn.
ORDINANCES
13.PROPOSED DOWNEY MUNICIPAL CODE AMENDMENT RE: SPEED LIMITS
FOR HALEDON AVENUE BETWEEN GALLATIN ROAD AND FLORENCE
AVENUE; AND BELLFLOWER BOULEVARD BETWEEN LAKEWOOD
BOULEVARD AND THE SOUTHERLY CITY LIMITS.
Director of Public Works Alvarez presented a brief staff report explaining that on a periodic
cycle certain streets are subject to a study to review the established speed limits and determine if they
need to be raised or lowered based on the average speed of traffic. Studies are conducted every five
to seven years and are required for the use of radar equipment.
City Clerk Midstokke read the title of the Ordinance. It was moved by Council Member
Perkins, seconded by Council Member Bayer and unanimously carried (4/0) to introduce the
Ordinance.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING
TO SPEED LIMITS ON BELLFLOWER BOULEVARD AND HALEDON AVENUE.
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OTHER BUSINESS
14.CONSIDERATION OF INITIATING PROCESS OF MODIFICATION OF FIRE
ORDINANCE RE: MANDATES FOR INSTALLATION OF FIRE ALARMS AND
AUTOMATIC FIRE EXTINGUISHING SYSTEMS - MAYOR PRO TEMPORE
MCCARTHY.
Mayor Pro Tempore McCarthy recommended three sections of the Ordinance adopted on
May 25, 2004 be revised as they cause undue hardship on homeowners and business owners who are
trying to improve their businesses and homes. The areas he requested be revised are as follows:
Section 3320 Fire Alarms, increase the square footage on new and existing commercial buildings to
5,000 square feet of floor area; Section 3321 Requirements for the Installation of Automatic Fire
Extinguishing Systems, increase the square footage on existing buildings after completion of major
additions exceeding 6,000 square feet of floor area or when alterations/additions to such buildings are
done during two year period exceeding 25% of the value of said building; and Section 3323
Requirements for the Installation of Automatic Fire Extinguishing Systems in Residential
Occupancies, remove the requirements on buildings that have been vacated for one year or more and
when alterations/additions to such building done during a three-year period exceeding 50% of the
value of said buildings, also requesting the removal of the requirement of sprinklers in garages, in
attics above heating and air conditioning units and for structures under 5,000 square feet.
Fire Chief Sauter presented a staff report noting that staff is recommending to not make these
adjustments to the Fire Code. He feels that staff and the subcommittee were very thorough in the
research and development of the adopted updates to the Code and “rolling back“ these provisions
would provide less security for the community and the citizens. ChiefSauter explained that the
square footage requirements are based on several factors one being the recommended fire flow being
reduced to 1,500 gallons per minute which is less demand on the City systems along with minimizing
catastrophic fires and increasing life-safety for the occupants. He also pointed out that installing
these systems in commercial and residential buildings increases the value of the buildings while
providing insurance coverage cost savings and increasing safety for the City and its citizens.
City Attorney Vose stated that the issue the Council was deciding upon was whether or not
they wanted to bring the item back as an agenda item to introduce and set a date for a Public Hearing.
Mayor Pro Tempore McCarthy asked how the dollar figure per square footage for the
installation of these types of systems was arrived at and Chief Sauter responded that several calls to
vendors that do this type of work were made. He also stated that by making these amendments and
lessening the restrictions it didn’t prevent any homeowner or commercial property owner from
adding these systems to their property.
Mayor Cartozian requested information on comparisons with other cities.
It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Perkins and
carried by the following vote to initiate the process of consideration of modifications to the Fire
Ordinance regarding mandates for installation of fire alarms and automatic fire extinguishing
systems.
AYES :
NOES :
ABSENT:
McCarthy, Perkins, Mayor Cartozian
Bayer
Trejo
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ORAL COMMUNICATIONS
Maria Larkin, resident of Downey, thanked the City and Traffic Engineer Anthony La for the
new stop sign at 5th and New Street in response to a recent fatal traffic accident.
Lennie Whittington, resident of Downey, on behalf of Coca Cola USA, thanked Public Works
Director Alvarez and staff for keeping them informed of the Lakewood Boulevard construction
project and resulting street closures.
OTHER BUSINESS – Cont
15.STATUS ON STUDY OF MANSIONAZATION IN RESIDENTIAL CONSTRUCTION
– MAYOR PRO TEMPORE MCCARTHY.
City Manager Caton presented a staff report recommending that Council direct the Planning
Commission to study adjusting three areas of the residential development code; the rear and side yard
setbacks, the lot coverage area and second story setbacks. He noted these modest adjustments would
allow home owners to improve their homes and take into consideration the effect on the surrounding
neighborhood.
It was moved by Mayor Cartozian, seconded by Council Member Perkins and unanimously
(4/0) carried to have the Planning Commission study the three suggested areas and come back
with a recommendation.
OTHER BUSINESS – Consent Calendar – Items removed by Council Approval:
10.APPROPRIATE $94,050 1N GRANT FUNDS FOR CONSTRUCTION OF A
CENTRATIIZED TRAFFIC MANAGEMENT CENTER+
Mayor Pro Tempore McCarthy inquired if other locations had been looked into and what the
mobility of the center is for relocation in the future and was informed that it had been determined to
be the best location available and the computers and software could be moved in the future if
necessary.
It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Perkins and
unanimously carried (4/0) to approve staff recommendation and appropriate $94,050 in grant
funds for construction of a centralized Traffic Management Center.
OTHER BUSINESS – Council Member Requests for Future Agenda Items :
Mayor Pro Tempore McCarthy commended Executive Director of the Space Learning Center
Behr for securing the $25,000 Verizon grant on tonight’s agenda.
Council Member Perkins noted that there will be no Council Meeting on December 27.
Mayor Cartozian directed staff to place on the agenda the formation of a subcommittee to
study development fees for Public Art and the formation of an Art and Cultural Commission.
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ADJOURNMENT: 9:00 p.m.
The meeting adjourned in memory of Sabina Vose, mother of City Attorney Charles Vose,
to 6:00 p.m., December 7, 2004 in the Council Chamber of Downey City Hall.
a/1
KATHLEEN L. MIDSTOKKE, City Clerk KIRK O. CARTOZIANj Mayor
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