HomeMy WebLinkAboutMinutes - 10-25-05 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
OCTOBER 25, 2005
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:35 p.m., October25, 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
ALSO PRESENT:Gerald M. Caton, City Manager/Execu live Director
Charles S. Vose, City Attorney/Economic Developrnent Director
Lee Powell, Assistant City Manager
Kathleen L. Midstokke, City Clerk/Secretary
NON-AGENDA PUBLIC COMMENT: No one came forward to speak.
At this time, City Attorney/Economic Development Director Vose requested that an urgency
matter be added to the Closed Session agenda entitled: 'Conference with legal counsel-anticipated
litigation pursuant to Government Code Section 54956.9”.
The City Council/Community Development Commission determined, by the following vote,
that there is a need to take action immediatelyand that the need came to the attention ofthe City
after the agenda was posted.
It was moved by Council Member/Commissioner GaIn, seconded by Mayor Pro Tem/Vice-
Chairman Perkins and unanimously carried to add on an urgency basis Item #3.
APPROVAL OF CLOSED SESSION MINUTES
It was moved by Mayor Pro Tem/Vice-Chairman Perkins, seconded by Council
Member/Commissioner Trejo and unanimously carried to approve the Closed Session Minutes of
October 5 and 11, 2005.
RECESS TO CLOSED SESSION
Mayor/Chairman Bayer announced the Council/Commission is ncessing to Closed
Session (6:37 p.m.) to discuss matters under the authority of the following sections of the
Government Code:
1 Government Code Section 54956.8(b) – Conference with real property negotiator Charles
Vose re: 12000 Lakewood Boulevard; negotiating party: Downey Landing LLC; under
negotiations: price and terms of payment.
City Council/Community Dev. Comm. Minutes (adj.) 10/25/05 -1 -
2.
3.
Government Code Section 54957.6 – Conference with labor negotiator Lee Powell re:
direction for labor negotiations with Downey City Employees Association.
Government Code Section 54956.9(b) – Conference with legal counsel – anticipated
litigation. Significant exposure to litigation – one potential case.
RECONVENED
The meeting reconvened in Open Session at 7:39 p.m. Wth all Council Members/
Commissioners present. There was no Closed Session action to report
The meeting recessed at 7:39 p.m.
The meeting reconvened at 8:35 p.m. Wth all Council Members/Commissioners present.
ADJOURNMENT: 8:35 p.m.
\
ANNE M. BAYER, Mayor/cnpirmanKATHLEEN L. MIDSTOKKE, City Clerk/Secretary
City Council/Community Dev. Comm. Minutes (adj.) 10/25/05 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
OCTOBER 25, 2005
TABLE OF MINUTE ACTIONS
SUBJECT
Presentations
Non-Agenda Public Comment
Council Minutes: Reg. & Adj. Mtg. 10/1 1/05
Warrants: # 207969-208349 Wire Nos. 268: 30001103-
30001110; $3,156, 139.32
CC #SS542-Downey Avenue Sidewalk Sys., Traffic Signals
CC #SS548 – Paramount & Gallatin Pavement Rehab.
Holiday Lane Parade Application, Chamber of Commerce
Pub. Hrg. – Public Arts Committee
ACTION PAGE NO.
Approved
Approved
2
2
2
2
2
2
3
3
3
3
3
3
3
4
5
5
Approved
Approved
Approved
Set Date
11/08/05
Reso. #05-6880 Final Sub. Map, 9755-9769 Imperial Hwy.
Reso. #05-6881 - MOU w/DPOA
Adopted
Adopted
Introduced
Set Date
11/08/05
Ord. – 2004 CA Election Code w/Amendments
Pub. Hrg. - CA Election Code w/Amendments
Ord . #05-1 179 ZC #05-75, 11610 Lakewood Blvd.
Ord. #05-1 180 ZC #05-77, 8121-23 Conrad & 8118-32 Orange
Subdivision Agrmt. w/Downey Landing, 12000 Lakewood Blvd.
Council Member Announcements/Requests for Future Agenda Items
Adopted
Adopted
Approved
Staff Comments
Adjournment
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
OCTOBER 25, 2005
The City Council of the City of Downey held a Regular Meeting at 7:40 p.m., October 25,
20051 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
John Finch. Police Chief
Linda Haines, Director of Development Services
Bonnie Kehoe, Director of Community Services
Anthony La, Deputy Director of Public Works
Ron LeVar, Building Official
John Michicoff, Director of Finance
Mark Sauter, Fire Chief
Susan Domen, Secretary to the City Clerk
PRESENTATIONS:
Mayor Bayer presented the Mayor’s Award for Service to the City to Corporal Terence
Goeckner, Police Department.
Fire Chief Sauter and Police Chief Finch presented the Downey Police and Fire Foundations
15th Anniversary Awards to Jack Campbell and City Manager Caton for their outstanding efforts in
supporting the organization over the last fifteen (15) years.
A presentation was made to Mayor Bayer; Julie Swender, President; Gary DeRemer, Past
President and Kelley Roberts, Construction Chairman of the Downey Rose Float Association; by Bill
May of the Pasadena Tournament of Roses Association of the 2005 Float Entry portrait.
PUBLIC HEARINGS: None
NON-AGENDA PUBLIC COMMENT:
Penny Wright, resident of Downey, spoke regarding the road improvements at Stewart and
Gray Road near Lakewood Boulevard and indicated that the noise problems have lessened and
thanked the City for their efforts.
City Council Minutes 10/25/05 -1-
Lennie Whittington, resident of Downey, expressed thanks to the City for the improvements
made to the downtown area of Downey Avenue and the financial assistance given to the
businesses.
h
Elsa Van Leuven, resident of Downey, expressed her disappointment on the recent
workshop regarding residential code revisions, including the five minute speaking time limit imposed
on the residents.
At this time, Development Services Director Linda Haines gave a report on the workshop
regarding residential code revisions which was held at the Barbara Riley Community Center last
Thursday, October 20. Fifty-two (52) persons were in attendance and the consultant presented an
educational overview which lasted about one hour. The meeting time was extended about one hour
and everyone present had an opportunity to speak. The second workshop will be held at the
Downey Theatre on November 15 from 7:00 p.m. – 10:00 p.m.
Fred James, resident of Downy, indicated that he was back again bringing up the issue that
City Hall and the Police Department are unfriendly to handicapped persons by not having an
adequate number of parking spaces available.
John Lacy, resident of Downey, addressed the issue of public employee pensions, the deficit
of the CALPERS retirement system and urged the City to keep a close watch in this area.
Russell Rankin, resident of Downey, stated that Downey does have a heavy pension deficit
including health and welfare benefits.
CONSENT CALENDAR:
It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Perkins and
unanimously carried to approve the Consent Calendar items as recommended:
1.APPROVED COUNCIL MINUTES: Adjourned and Regular Meetings October 1 1, 2005:
City Clerk.
2.APPROVED WARRANTS ISSUED: Nos. 207969-208349; Wire Nos. 268; 30001103-
30001110; in the total amount of $3,156,139.32: Finance.
3.CASH CONTRACT NO. S.S. 542: ACCEPTED THE IMPROVEMENTS AND
MAINTENANCE RESPONSIBILITY FOR DOWNEY AVENUE SIDEWALK SYSTEM,
TRAFFIC SIGNAL IMPROVEMENTS AND APPROVED THE FINAL CONTRACT AMOUNT
OF $472,006.80: Public Works.
4.CASH CONTRACT NO. S.S. 548: ACCEPTED THE IMPROVEMENTS AND
MAINTENANCE RESPONSIBILITY FOR PARAMOUNT BOULEVARD AND GALLATIN
ROAD PAVEMENT REHABILITATION: Public Works.
5.APPROVED HOLIDAY LANE PARADE (DECEMBER 4, 2005) APPLICATION FROM THE
CHAMBER OF COMMERCE: Administration.
6.SET PUBLIC HEARING FOR NOVEMBER 8, 2005 FOR CONSIDERATION OF
PROPOSED PUBLIC ARTS ORDINANCE INCLUDING DEVELOPMENT OF A PUBLIC
ARTS COMMITTEE AND DEVELOPMENT FEE: Administration.
City Council Minutes 10/25/05 -2-
7.ADOPTED RESOLUTION NO. 05-6880, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP NO.
54060 (9755-9769 IMPERIAL HIGHWAY) BY APPROVING AN AGREEMENT WITH THE
SUBDIVIDER AND ACCEPTING A CASH DEPOSIT AS SURETY: Administration.
8.ADOPTED RESOLUTION NO. 05-6881, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY AND THE DOWNEY POLICE OFFICERS’ ASSOCIATION:
Administration.
9.ADOPTION OF THE 2004 EDITION OF THE CALIFORNIA ELECTRICAL CODE BY
REFERENCE WITH AMENDMENTS: Development Services.
A. INTRODUCED ORDINANCE NO. 05- , AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DOWNEY AMENDING ARTICLE VIII, CHAPTER 2 OF THE DOWNEY
MUNICIPAL CODE, DOWNEY ELECTRICAL CODE, BY ADOPTING THE 2004 EDITION
OF THE CALIFORNIA ELECTRICAL CODE BY REFERENCE WITH AMENDMENTS.
B. SET PUBLIC HEARING FOR NOVEMBER 8, 2005 FOR PUBLIC TESTIMONY AND
ADOPTION OF THE ORDINANCE.
10.ADOPTED ORDINANCE NO. 05-1179, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING AN AMENDMENT TO THE CITY’S COMPREHENSIVE
ZONING MAP. CHANGING THE ZONING OF THE PROPERTY AT 11610 LAKEWOOD
BOULEVARD FROM GENERAL COMMERCIAL (C-2) AND PARKING BUFFER (P-B) TO
PROFESSIONAL OFFICE (C-P) (ZONE CHANGE NO. 05-75): Development Services.
11.ADOPTED ORDINANCE NO. 05-1 180, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING AN AMENDMENT TO THE CITY’S COMPREHENSIVE
ZONING MAP. CHANGING THE ZONING OF THE PROPERTY AT 8121-23 CONRAD
STREET AND 8118-32 ORANGE STREET FROM R-1 (SINGLE FAMILY RESIDENTIAL)
TO R-2 (TWO FAMILY RESIDENTIAL) (ZONE CHANGE NO. 05-77): Development
Services
ADMINISTRATIVE REPORTS:
12.APPROVED AMENDMENT TO SUBDIVISION AGREEMENT WITH DOWNEY LANDING
(ECLIPSE DEVELOPMENT GROUP) RE: SHOPPING CENTER LOCATED AT 12000
LAKEWOOD BOULEVARD: City Attorney/Economic Development.
City Attorney/Economic Development Director Vose presented a brief staff report explaining
that this item is being brought forth as a result of the last Council meeting discussion. He has met
with the developer several times since then and noted that this is a similar amendment to the one
approved for Kaiser. The main points are the confirmation of the level of improvements that are
required for Stewart and Gray Road, the construction schedule and a date of sixty (60) days for the
completion. In addition to performance bonds there is a cash deposit of $250,000 which will be
forfeited if the improvements are not completed on-time. The developer will pay the City $550,000
for reimbursement of Public improvements which front Lakewood Boulevard .
City Council Minutes 10/25/05 -3-
Mayor Pro-Tem Perkins noted that he had worked on this project for many years and it had
always been his understanding that the developer would do the work along Lakewood Boulevard
and he feels the amount set for reimbursement is too low. He stated his concerns regarding the
work along Stewart and Gray Road not being completed and feels that the developer only
concentrated on the buildings. He inquired as to the cost of rebuilding Stewart and Gray Road and
was informed that it would be $800,000. He then noted that the $250,000 would not cover the cost
of the building of the street.
City Attorney/Economic Development Director Vose responded that currently the City has on
file an $800,000 cash deposit from the developer to guarantee the completion of Stewart and Gray
Road and that the $250,000 additionally guarantees the completion by a certain date. If there is a
failure to complete the road, there is a one million dollar performance bond that can be enacted to
complete the road.
It was moved by Council Member Gafin, seconded by Council Member Trejo and carried by
the following vote to approve the amendment to the subdivision agreement with Eclipse
Development and authorize the Mayor to execute.
AYES:
NOES:
Gafin, Trejo, Mayor Bayer
Cartozian, Perkins
OTHER BUSINESS – Council Member Announcements or Requests for F_uture Agenda items:
Council Member Cartozian recognized School Board Candidate Nancy Swenson in the
audience; noted that it is Red Ribbon Week and that he will be attending an event at Gallatin
Elementary School on Friday; announced the True Lasting Connections annual luncheon on Friday
at the Rio Hondo Clubhouse; noted that the Downey vs. Warren High School football game will be
this Friday; noted that Tuesday, November 8 is election day and urged everyone to vote;
commended retiring Police Chief John Finch for his many years of outstanding service to the City
and welcomed Roy Campos as the new Police Chief.
Council Member Gafin announced that he had attended the City Affairs Committee of the
Chamber of Commerce, the Golf Tournament sponsored by the Police and Fire Foundations, the
employee service awards luncheon, the meet and greet with Senator Lowenthal last Saturday and
the Parade of Winners by the Downey Rose Float Association; commended the Mayor for her
presentations at the Mayor’s Prayer breakfast and Arc’s 50th Anniversary celebration; requested that
staff contact and respond to Mr. James’ concerns; and thanked retiring Chief Finch for his
commendable years of service to the City.
Council Member Trejo requested staff to look into the possibility of having a paramedic unit
at Downey and Warren High Schools football games as was done in the past, and noted recent
injuries that have occurred; announced that his daughter and niece will be appearing in the new
Santa Claus 3 movie; announced that he had attended the recent Keep Downey Beautiful cleanup
noting that Mayor Pro Tem Perkins was participating; noted the cost of housing going up in Downey;
requested staff to look into employee parking that has been lost due to red curbing at Iowa Street
between Brookshire Avenue and Dolan Avenue; and commended retiring Police Chief Finch for his
years of service and friendship to his family.
Mayor Pro Tem Perkins noted that the new medical office building at Downey Regional
Medical Center has opened; and requested to “go dark” on November 22 City Council meeting for
the Thanksgiving weekend.
City Council Minutes 10/25/05 -4-
Mayor Bayer recognized Emergency Preparedness Committee member Lee Ann Sears and
Water Facilities Corporation member Fay Campbell in the audience; and noted that she had
accepted a Community Service Award on behalf of the City from Southern California Rehabilitation
Center
STAFF COMMENTS:
City Manager Caton joined in recognizing retiring Police Chief Finch who was probably the
hardest working individual he has met and noted that Jack Campbell along with the Police and Fire
Chiefs have done a tremendous amount of work for the Police and Fire Foundations since inception.
ADJOURNMENT: 8:35 p.m.
The meeting adjourned in memory of Dick Hill, who began six decades of coaching
high school football at Downey High School in 1956, to 6:30 p.m., November 8, 2005, in the
Council Chamber of Downey City Hall.
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KATHLEEN L. MIDSTOKK£ -City Clerk
City Council Minutes 10/25/05