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Home My WebLink AboutMinutes - 06-14-05 - Regular Meeting01499 fl MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JUNE 14, 2005 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:36 p.m., June 14, 2005, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairman Anne M. Bayer presiding. PRESENT :Council Members/Commissioners: Anne M. Bayer Meredith H. Perkins Rick Trejo David R. Gafin Kirk O. Cartozian Mayor/Chairman Mayor Pro Tem/Vice-Chairman (arrived at 7:00 p.m.) ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Charles S. Vose, City Attorney/Economic Development Director Lee Powell, Assistant City Manager Desi Alvarez, Director of Public Works James Makshanoff, Deputy City Manager John Michicoff, Director of Finance Mark Sauter, Fire Chief Irina Drill, Special Legal Counsel Steven Yee, Principal Planner Kathleen L. Midstokke, City Clerk/Secretary NON-AGENDA PUBLIC COMMENT - No one came forward to speak. APPROVAL OF CLOSED SESSION MINUTES It was moved by Mayor Pro Tem/Vice-Chairman Perkins, seconded by Council Member/Commissioner Cartozian and unanimously carried (4/0) to approve the Closed Session Minutes of May 24, 2005. RECESS TO CLOSED SESSION Mayor/Chairman Bayer announced the Council/Commission is recessing to Closed Session (6:38 p.m.) to discuss matters under the authority of the following sections of the Government Code: 1.Government Code Section 54956.9(a) – Conference with legal counsel – existing litigation: Meridiant Corporation vs. City of Downey, L. A. Superior Court Case # BC308812. City Council/Community Dev. Comm. Minutes (adj.) 06/14/05 -1- Ul 4 S 91 9 3. 4 5 Government Code Section 54956.8(b) – Conference with real property negotiator Charles S. Vose re: property at 9066 Firestone Boulevard; negotiating party: Primestor Development/Heslov; under negotiations: price and terms of payment. Government Code Section 54956.8(b) – Conference with real property negotiator Charles S. Vose re: property at 7550 Firestone Boulevard; negotiating party: Downey Acura (DCH Automotive Group); under negotiations: price and terms of payment. Government Code Section 54957.6 – Conference with labor negotiator Lee Powell re: direction for labor negotiations with Police Officers’ Assn. and Police Management Assn. Government Code Section 54956.8(b) – Conference with real property negotiator Desi Alvarez re: property at 1 1911 Woodruff Avenue; negotiating party: Robert An, Heger Realty; under negotiations: price and terms of payment. RECONVENED The meeting reconvened in Open Session at 7:34 p.m. with all Council Members/ Commissioners present. There were no Closed Session actions to report. The meeting recessed at 7:34 p.m. The meeting reconvened at 9:45 p.m. with all Council Members/Commissioners present and immediately recessed to Closed Session to complete discussion of Closed Session items previously announced. The meeting reconvened at 10:40 p.m. with all Council Members/Commissioners present. There were no Closed Session actions to report. ADJOURNMENT: 10:40 p.m. The meeting adjourned to 6:30 p.m., June 21, 2005, in the Council Chamber of Downey City Hall %//l&aD & KATHLEEN L. MIDSTOKKE, City Clerk/Secretary ANNE M. BAYER, Ma'Ir/Chairman City Council/Community Dev. Comm. Minutes (adj.) 06/14/05 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JUNE 14, 2005 TABLE OF MINUTE ACTIONS SUBJECT Presentations Reso. #05-6854 St. Lighting & Landscape Dist. A.D.121 Assess. Non-Agenda Public Comment Letter Requesting Occupancy, 11480 Brookshire Ave., Dr. Jain Consent Calendar Items Removed Council Minutes: Reg. & Adj. Mtg. 05/24/05 Warrants: # 204562-204970; Wire Nos. 252-253; 30001023-30001030; $5,389.337.89 CC #644A-Underground Storage Tank Replacement Completion Appropriate Edward Byrne Memorial Justice Grant, $44,787 Renew Edington, Peel & Assoc. Agreement Renew Smith, Esposito & Lyerly Agreement Renew Stephen Wright Agreement, Downey Landing Renew Rio Hondo Comm. College Agreement for Weapons Firing Range for PD Appeal ZV #05-56 – Oversized Driveway, 12142 Dtmrobin Ave. ACTION PAGE NO. 1 1 2 3 3 4 4 Adopted Received/Filed Approved Approved Approved Approved Approved Approved Approved Approved 4 4 4 4 4 4 Set Hearing July 12, 2005 Approved Approved Adopted Adopted 4 4 4 4 5 Renew Downey Museum of Art Lease Agreement Appropriate Fed. Grant Funds, Emergency Equip. $4,800. Reso. #05-6855 – Old River School Road Pedestrian Impts. Reso. #05-6856 – Final Subdivision Map of PM #60955 8604 Baysinger Street COUNCIL MINUTES, JUNE 14, 2005 TABLE OF MINUTE ACTIONS (CONTINUED) Reso. #05-6857 – Side Letter Agreement “Agency Shop“ to MOU Adopted w/City Employee’s Association/Maintenance Unit Ord. #05-1174 – Amend DMC Section 3712, PD Alarm Permits Adopted Vantage Tech. Cons. Agmt – Council Chamber Sound System Approved Dedication of Roadway Easement – Cong. Steve Horn Way Approved Council Member Announcements/Requests for Future Agenda Items Staff Member Comments Adjournment 5 5 5 5 6 6 7 01439: MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JUNE 14, 2005 The City Council of the City of Downey held a Regular Meeting at 7:36 p.m., June 14, 2005, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Anne M. Bayer presiding. PRESENT :Council Members: Anne M. Bayer Meredith H. Perkins Rick Trejo David R. Gafin Kirk O. Cartozian Mayor Mayor Pro Tem ALSO PRESENT:Gerald M. Caton, City Manager Charles S. Vose, City Attorney/Economic Development Director Kathleen L. Midstokke, City Clerk Lee Powell, Assistant City Manager Desi Alvarez, Director of Public Works John Finch, Chief of Police Linda Haines, Director of Development Services Bonnie Kehoe, Director of Community Services James Makshanoff, Deputy City Manager John Michicoff, Director of Finance Mark Sauter, Fire Chief Steven Yee, Principal Planner Ron Yoshiki, City Planner Susan Domen, Executive Secretary PRESENTATIONS : Mayor Bayer presented a Certificate of Appreciation to Bonnie Kehoe, Director of Community Services, for her years of dedication and service to the youth in the community. Mayor Bayer recognized Downey High School student participants in 12th Annual 34th Congressional District Student Art Competition; and presented a Certificate of Appreciation to David Chao, winner of Comcast Award for his work titled “Dream Seekers”. PUBLIC HEARING: 1.SETTING ASSESSMENTS FOR STREET LIGHTING AND LANDSCAPING OPERATIONS AND MAINTENANCE FOR FISCAL YEAR 2005-2006. City Council Minutes 06/14/05 -1- 014993 A.ADOPTED RESOLUTION NO. 05-6854, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CONFIRMING THE 2005-2006 FISCAL YEAR ASSESSMENT FOR LIGHTING AND LANDSCAPING DISTRICT A.D. 121: Public Works. Mayor Bayer opened the Public Hearing at 7:49 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication and the Affidavit of Posting notice. It was moved by Council Member Cartozian, seconded by Council Member Trejo and so ordered to receive and file. City Clerk Midstokke noted that a supplemental Table 5, Financial Summary has been distributed. Public Works Director Alvarez explained that the assessments for the 2005-06 Fiscal Year are based on current and increasing energy rates from Southern California Edison. Assessments are only rncreaslng in Zone II to cover increased costs in operations of lighting. He noted that Table 5 had been replaced, with the corrected figures highlighted. Council Member Cartozian inquired why there had been increases in Zone IV, shown on Table 3, and Public Works Director Alvarez explained that these are direct assessments on new lightings that are being done as part of specific new developments and are one time assessments. There being no one coming forward to speak, it was moved by Mayor Pro Tem Perkins, seconded by Council Member Trejo and unanimously carried to close the Public Hearing (at 7:55 p.m.) There being no further discussion, it was moved by Council Member Cartozian, seconded by Council Member Trejo and unanimously carried to adopt the Resolution confirming the 2005-06 Fiscal Year Assessment for Lighting and Landscaping District A.D. 121. NON-AGENDA PUBLIC COMMENT: Lee Ann Sears, resident of Downey, announced two upcoming events: Community Emergency Response Team (CERT) fundraiser at Frantone’s restaurant on June 23rd from 5:00 p.m. to 10:00 p.m.; and this Saturday (June 18th) the Fire Department will be having a drill for the CERT program at Downey High School at 10:00 a.m. The following speakers addressed the Council on the issues ofmansionization of single family homes and suggested a moratorium: Elsa Van Luben; George Redfox; and Harold Tseklenis. Numerous speakers (16) addressed the Council regarding a registered sex offender living across the street from West Middle School and the issue of the School and the City communicating this type of information to the parents. Some of the identified speakers included: Stella Ceballos; Evelyn Adenyone (sp.?); Elsa Diaz; Deborah Tucker; Vanessa Garcia; Virginia York; Vanessa Abulla (sp.?); Lisa Hodson (sp.?); Maria Cena (sp.?); Vilma Delgado; Chris Hudi (sp.?); Alexander Ariaga (sp.?). Police Chief Finch responded with information including web site access and that he would be glad to meet with the parents. Lennie Whittington, resident of Downey, suggested that the $12,000 budgeted for Council travel be divided equally among the Council Members and that there should be a policy on what can be charged to the City. Mayor Pro Tem Perkins questioned whether the Council has ever exceeded the $12,000 amount and responded that he has never charged a meal or any extra services to the City. City Council Minutes 06/14/05 -2- 014994 The meeting recessed at 8:54 p.m. The meeting reconvened at 9:04 p.m. with all Council Members present. WRITTEN COMMUNICATION: 2.CONSIDERED LETTER FROM SURENDRA JAIN, M.D. DATED JUNE 9, 2005 REQUESTING TO OCCUPY SUITE 308 OF THE DOWNEY REGIONAL MEDICAL PLAZA LOCATED AT 11480 BROOKSHIRE AVENUE. City Manager Caton explained that the City had been very accommodating to the hospital regarding this building, however, the conditions have not yet been met to authorize occupancy. He noted the doctor was not in attendance this evening and stated that staff is recommending that this request be denied. Council Member Trejo stated that he had a conflict of interest with this issue as he is an employee of Downey Regional Medical Center and left the dais. Bob Goldstein, resident of Downey, stated that this is a special case and we need to keep good doctors in Downey. City Attorney Vose clarified that the Council does not have jurisdiction to grant permission based on hardship or to determine hardship; but that their jurisdiction is only to allow or deny occupancy. He stated that if it is allowed for one person, it must be allowed for all. The meeting recessed at 9:12 p.m., due to the activation of a fire alarm. The meeting reconvened at 9:18 p.m. with all Council Members present. It was moved by Mayor Pro Tem Perkins, seconded by Council Member Gafin and was unanimously carried (4/0) to receive and file. CONSENT CALENDAR – ITEMS FOR REMOVAL: 6.APPROVE CONTRACT WITH VANTAGE TECHNOLOGY CONSULTING GROUP FOR CITY COUNCIL CHAMBER SOUND SYSTEM SERVICES: Administration. This item was removed at the request of Council Member Cartozian and is listed in Other Business below. 15.APPROVE DEDICATION OF ROADWAY EASEMENT FOR CONGRESSMAN STEVE HORN WAY: Public Works. This item was removed at the request of Council Member Cartozian and is listed in Other Business below. CONSENT CALENDAR: It was moved by Mayor Pro Tem Perkins, seconded by Council Member Trejo and unanimously carried to approve the remainder of the Consent Calendar items as recommended: City Council Minutes 06/14/05 -3- til 49 US 3.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings May 24, 2005: City Clerk. 4.APPROVED WARRANTS ISSUED: Nos. 204562-204970; Wire Nos. 252-253; 30001023-30001030; in the total amount of 55,389,337.89: Finance. 5.CASH CONTRACT NO. 644A: ACCEPTED IMPROVEMENTS AND MAINTENANCE RESPONSIBILITY FOR UNDERGROUND STORAGE TANK REMOVAL, REMEDIATION & FUELING STATION REPLACEMENT: Public Works 7.APPROVED APPROPRIATION OF $44,787 FOR FISCAL YEAR 2005-2006 FROM THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT: Police. 8.APPROVED AGREEMENT RENEWAL WITH EDINGTON, PEEL & ASSOC. FOR CONSULTING SERVICES IN AN AMOUNT NOT TO EXCEED $45,000 FOR THE PERIOD OF JULY 1, 2005 TO JUNE 30, 2006: Administration. 9.APPROVED AGREEMENT RENEWAL WITH SMITH, ESPOSITO & LYERLY FOR CONSULTING SERVICES FOR AN AMOUNT NOT TO EXCEED 531,500 FOR THE PERIOD OF JULY 1, 2005 TO JUNE 30, 2006 AND AUTHORIZED REIMBURSEMENT FOR RECENT TRAVEL/HOTEL EXPENSES OF $1,208.66: Administration. 10.APPROVED CONTRACT RENEWAL WITH STEPHEN WRIGHT FOR BUILDING INSPECTION MANAGEMENT SERVICES FOR THE DOWNEY LANDING DEVELOPMENT: Development Services. 11.APPROVED CONTRACT RENEWAL WITH RIO HONDO COMMUNITY COLLEGE DISTRICT FOR USE OF THEIR WEAPONS FIRING RANGE FOR POLICE DEPARTMENT WEAPONS TRAINING: Police. 12.SET PUBLIC HEARING FOR JULY 12, 2005, FOR APPEAL OF DENIAL OF ZONE VARIANCE #05-56, A REQUEST FOR AN OVERSIZED DRIVEWAY AT 12142 DUNROBIN AVENUE: Development Services. 13.APPROVED LEASE AGREEMENT RENEWAL WITH DOWNEY MUSEUM OF ART FOR A PERIOD OF FIVE YEARS FOR USE OF THE MUSEUM BUILDING AT FURMAN PARK: Community Services. 14.APPROVED APPROPRIATION OF FEDERAL GRANT FUNDS FOR EMERGENCY EQUIPMENT IN THE AMOUNT OF $4,800: Fire. 16.ADOPTED RESOLUTION NO. 05-6855, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE SUBMITTAL OF THE “OLD RIVER SCHOOL ROAD PEDESTRIAN IMPROVEMENTS” APPLICATION FOR SAFE ROUTES TO SCHOOL FUNDING: Public Works. City Council Minutes 06/14/05 -4- 014996 17.ADOPTED RESOLUTION NO. 05-6856, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING FINAL SUBDIVISION MAP OF PARCEL MAP NO. 60955 (8604 BAYSINGER STREET), APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING A SUBDIVISION IMPROVEMENT BOND AS SURETY: Public Works. 18.ADOPTED RESOLUTION NO. 05-6857, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A SIDE LETTER AGREEMENT. DEALING WITH “AGENCY SHOP”, TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES’ ASSOCIATION\ MAINTENANCE UNIT: Administration. 19.ADOPTED ORDINANCE NO. 05-1174, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3712 OF THE DOWNEY MUNICIPAL CODE PERTAINING TO POLICE ALARM PERMITS: Administration. OTHER BUSINESS : CONSENT CALENDER – ITEMS REMOVED BY COUNCIL APPROVAL : 6.APPROVED CONTRACT WITH VANTAGE TECHNOLOGY CONSULTING GROUP FOR CITY COUNCIL CHAMBER SOUND SYSTEM SERVICES: Administration. Council Member Cartozian inquired as to the guarantee of the work to be done and was informed by Assistant City Manager Powell that this company had been chosen to consult on the project, rather than be the supplier. They will interview system users to determine the needs of the system, evaluate the current equipment and make recommendations on what needs to be added and removed. Council Member Cartozian requested that they also evaluate the necks of the dais microphones, as they seem to be too short. It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Perkins and unanimously carried to approve the contract with Vantage Technology Consulting Group. 15.APPROVED DEDICATION OF ROADWAY EASEMENT FOR CONGRESSMAN STEVE HORN WAY: Public Works. Council Member Cartozian inquired why we were dedicating the road to ourselves and Public Works Director Alvarez explained that it had to be dedicated for public roadway use. It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Perkins and unanimously carried to approve Congressman Steve Horn Way roadway easement dedication. City Council Minutes 06/14/05 -5- ti 14997 OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items: Council Member Trej o requested a time frame for the construction on Lakewood Boulevard from Clark Avenue to Stewart and Gray Road and Public Works Director Alvarez responded that the current schedule is for the easterly side to be completed by the end of September; and noted that the schools are out this week for the summer urging the students to take advantage of the many programs offered by the Community Services Department and suggested that businesses consider utilizing an intern student for the summer as he does in his pharmacy. Council N4ember Cartozian reported on his activities including participating in a conference for youth in politics at Mt. Saint Mary’s College, the Greek Festival, a meeting with City Planner Yoshiki, Development Services Director Haines and Economic Development Director Vose which was very productive; and announced that there are three changes at Downey High School Administration: Alley Layne is retiring as Principal and the retirement party will be on June 24111 at Rio Hondo Club House, Robert Jagielski is moving to administration, and Greg Stapp will be the new Principal at Griffiths Middle School; requested that staff meet with the Chamber of(,-omrnerce and Downey High School re: student parking due to the fact that more of the south parking lot will be lost to bond development and that students are not being allowed to park in this lot without proof of lrlsurance. Council Member Gafin reported on his activities including attending the Downey High School Hall of Fame induction, Memorial Day services at Downey Cemetery and flag raising ceremony at Treasure Island Park; congratulated Community Services Director Kehoe for her recognition at the School Board meeting which he attended; expressed that he hopes that members of the Council will not continue to have confrontations with the speakers at the Public Comment period on the agenda; requested that the City have registered sex offender information available to the public; inquired when the study on mansionization will be coming back to the Council and requested a moratorium for consideration on the next agenda. Mayor Pro Tem Perkins noted the celebration of Flag Day today; announced that the Soroptimists will be having an installation of officers on Friday, June 17th at Sambi’s restaurant; congratulated Community Services Director Kehoe on her recognition for working with the youth and the School Board; announced that he had attended the Spring Beautification Awards; and noted that the School Board is losing Board Member Cheryl Andresen due to her moving out of the district. Mayor Bayer reported on her activities including a Flag Day celebration at Stonewood Shopping Center which included the Veterans of Foreign Wars and Rio Hondo Elementary students; thanked the Kiwanis Friday morning club for making her, Police Chief Finch and Fire C'hiefSauter honorary members; announced that her niece Lacy Jaclyn Szymanski graduated from Middle School and niece Haley Marie Szymanski will be graduating from High School this week; and requested a moratorIum on mansionization until the study is completed. STAFF MEMBER COMMENTS : City Manager Caton announced that the Council will be going back into Closed Session; noted that two members have requested a moratorium and it will be prepared; and announced that his daughter is graduating from High School this week. City Council Minutes 06/14/05 -6- 014 Sy 8 The meeting recessed to Closed Session at 9:45 p.m. The meeting reconvened at 10:40 p.m. with all Council Member present. ADJOURNMENT: 10:40 p.m. The meeting adjourned, in memory of Harold Tredway, longtime Downey resident, past board member of Downey Unified School District and trustee of Cerritos College Board, to 6:30 p.m., June 21, 2005, in the Council Chamber of Downey City Hall. KATHLEEN L. MIDSTOKKE, City Clerk ANNE M. BAYER, Ma&or City Council Minutes 06/14/05 -7-