HomeMy WebLinkAboutMinutes - 11-08-05 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
NOVEMBER 8, 2005
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:32 p.m., Nowmber 8, 2005, in the Council Chamberof 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 6:40 p.m.)
ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director
Charles S. Vose, City Attorney/Economic Development Director
Lee Powell, Assistant City Manager
Kathleen L. Midstokke, City Clerk/Secr3tary
Gerald Greene, Sr. Civil Engineer/NPDES
Anthony La, Deputy Director of Public Works
Brian Ragland, Deputy Director of Public Works
Steven Anderson, Best Best & Krieger
NON-AGENDA PUBLIC COMMENT: No one came forward to speak.
APPROVAL OF CLOSED SESSION MINUTES
It was moved by Council Member/Commissioner Gafin, seconded by Mayor Pro Tem/Vice-
Chairman Perkins and unanimously carried (4/0) to approve the Closed Session Minutes of
October 25, 2005.
RECESS TO CLOSED SESSION
Mayor/Chairman Bayer announced the Council/Commission is recessing to Closed
Session (6:33 p.m.) to discuss matters under the authority of the following sections of the
Government Code:
1.Government Code Section 54957.6 – Conference with labor negotiator Lee Powell re:
direction for labor negotiations with Downey City Employees Association-Maintenance unit
and Downey Public Safety Auxiliary.
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3
Government Code Section 54956.9(b) – Conference with legal counsel – anticipated
litigation. Significant exposure to litigation –one potential case.
Government Code Section 54956.9(a) – Conference with legal counsel – existing litigation:
Central Basin Municipal Water District vs. City of Downey, LASC Case #BS100034.
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4.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.
RECONVENED
The meeting reconvened in Open Session at 7:33 p.m. Wth all Council Members/
Commissioners present. There were no Closed Session actions to report
The meeting recessed at 7:33 p.m.
The meeting reconvened at 9:25 p.m. Wth all Council Members/Commissioners present and
immediately recessed to Closed Session to complete discussion of item previously announced
The meeting reconvened at 9:50 p.m. Wth all Council Members/Commissioners
present. There were no Closed Session actions to report.
ADJOURNMENT: 9 :50 p . m.
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ANNE M. BAYER, Mayor/€hairmanKATHLEEN L. MIDSTOKKE, CIty Clerk/Secretary
City Council/Community Dev. Comm. Minutes (adj,) 11/08/05 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
NOVEMBER 8, 2005
The City Council of the City of Downey held a Regular Meeting at 7:35 p.m., November 8,
2005, in the Council Chamber of the Downey City Hall, 1 1 111 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
Roy Campos, Police Chief
Linda Haines, Director of Development Services
Bonnie Kehoe, Director of Community Services
John Michicoff, Director of Finance
Mark Sauter, Fire Chief
Anthony La, Deputy Director of Public Works
Ron LeVar, Building Official
Brian Ragland, Deputy Director of Public Works
Susan Domen, Secretary to the City Clerk
PRESENTATIONS:
An update on City’s lobbyist activities by Sacramento lobbyist Richard Lehman was
continued to November 22, 2005.
Mayor Bayer presented a Proclamation declaring the month of November as “Chamber of
Commerce” Month to Joan Warner-Plettinck, Executive Director of the Downey Chamber of
Commerce .
Police Chief Campos introduced recently promoted Police Department Officers: Captain
Rick Esteves, Lieutenant Phil Rego, Sergeant Mark McDaniel and Sergeant Ed Kelly.
Fire Chief Sauter presented Certificates of Appreciation to Fire Department members for
their response to the Hurricane Katrina Relief effort: Captain Ronald Croom, Captain Edward Haupt,
Engineer Steve Davis, Engineer Ted Matsumoto, Firefighter/Paramedic Mike Hapke, and
Firefighter/Paramedic Ivan Orloff.
City Council Minutes 1 1/08/05 -1-
PUBLIC HEARINGS:
1.OIL FRANCHISE AGREEMENT WITH BP WEST COAST PRODUCTS, LLC: (Continued
from September 13, 2005): Recommendation: Open and continue Public Hearing to
December 13, 2005 at applicant's request: Public Works.
A. INTRODUCE ORDINANCE NO. 05- , AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DOWNEY GRANTING AN OIL PIPELINE FRANCHISE TO BP WEST
COAST PRODUCTS, LLC.
Mayor Bayer asked if there was anyone present who wished to speak on this item who could
not attend the December 13, 2005 meeting and no one came fOIward .
It was moved by Mayor Pro Tem Perkins, seconded by Council Member Cartozian and so
ordered to open and continue the Public Hearing to December 13, 2005.
2.ADOPTION OF THE 2004 EDITION OF THE CALIFORNIA ELECTRICAL CODE BY
REFERENCE WITH AMENDMENTS: Development Services.
A. ADOPTED ORDINANCE NO. 05-1 181, 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.
Mayor Bayer opened the Public Hearing at 7:56 p.m. City Clerk Midstokke affirmed receipt
of the Proof of Publication. It was moved by Mayor Pro Tem Perkins, seconded by Council Member
Gafin and so ordered to receive and file.
Development Services Director Haines explained that the State adopts the Uniform Model
Codes and the National Electrical Code by reference as the State Electrical Code. Local
jurisdictions adopt the codes, however, they may amend them. The 2004 California Electrical Code
is presented for consideration with modifications as noted in the staff report. There is no financial
impact to the City and staff recommends adopting the Ordinance.
There being no one coming forward to speak, it was moved by Council Member Cartozian,
seconded by Council Member Gafin and so ordered to close the Public Hearing at 7:59 p.m.
There being no discussion, it was moved by Council Member Gafin, seconded by Mayor Pro
Tem Perkins and unanimously carried to adopt the Ordinance.
3.PUBLIC ARTS ORDINANCE CREATING A PUBLIC ARTS COMMITrEE AND
ESTABLISHING A FEE: Administration.
A. INTRODUCED ORDINANCE NO. 05- , AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE, ARTICLE
VIII, BUILDING REGULATIONS, BY ADDING A NEW CHAPTER IO ENTITLED “ART IN
PUBLIC PLACES”.
Mayor Bayer opened the Public Hearing at 8:00 p.m. City Clerk Midstokke affirmed
receipt of the Proof of Publication. It was moved by Mayor Pro Tem Perkins, seconded by Council
Member Gafin and so ordered to receive and file. City Clerk Midstokke noted that there were three
(3) communications received regarding this matter: a letter from Harold Tseklenis dated 9/23/05; an
email from Kate Davies dated 11/7/05; and an email from George Redfox dated 1 1/7/05.
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It was moved by Council Member Cartozian, seconded by Council Member Gafin and so
ordered to receive and file the correspondence.
City Clerk Mlidstokke presented a staff report giving a brief history of the subcommittee and a
review of the proposed plan. She noted that the subcommittee had reviewed the Ordinances and
Regulations of many other cities to develop a draft ordinance that the Council reviewed on July 12,
2005. Per the discussions from that meeting and further input from the subcommittee, the draft
Ordinance and Policy Manual are being presented tonight.
Elsa Van Leuven, resident of Downey, stated that she didn’t feel it was right to make the
developers pay for this art and there never has been any place in Downey to display art.
Harold Tseklenis, resident of Downey, explained that while the Ordinance is good, there
should be a few changes such as: changing the name to Art and Culture in the City, changing the
number of committee members to ten (10), giving the committee authority to address other cultural
issues and changing the wording from sculptures to art so that it includes paintings and murals as
well
Bob Goldstein, resident of Downey, mentioned that the City should be careful on requiring
the developers to supply the art and telling them what they have to use as art as it may expose the
City to litigation.
Maria Larkin, resident of Downey, noted she was in favor of having art, but did not think the
developers should pay for it.
Kate Davies, Downey Art Museum Director, thanked staff for developing the Ordinance and
explained that she feels the number of committee members should be increased to ten (10) and that
this will bring a stronger synergy between the City and cultural institutions within the City.
Lennie Whittington, resident of Downey, noted that he feels the Downey Museum of Art has
been ignored by the City and hopes that all committee members are required to be citizens of
Downey.
It was moved by Mayor Pro Tem Perkins, seconded by Council Member Gafin and so
ordered to close the Public Hearing at 8:22 p.m
City Clerk Midstokke gave a point of information that in the draft Ordinance, page two (2),
Section 8970, Subsection A, it does give a broader scope of duty and flexibility to the committee by
referencing public art and cultural activities.
Council Member Cartozian mentioned that he feels that placing value in art is important. It
improves the community. He noted that a considerable amount of research was done to develop the
Ordinance and he is happy with what is being presented. He would, however, like an Art and
Culture Commission to have interface with cultural groups in the City and provide an advisory role.
Council Member Gafin expressed that he would like to hear from the City Attorney on the
legal issues that were raised and he does not feel that the number of members on the committee
needs to be increased. However, he did agree that the word sculpture should be changed to art.
Council Member Trejo stated that he does not agree with forcing the developer to pay for
public art.
Mayor Pro Tem Perkins noted that this is a good first step for the community and that
developers have no issues with paying this fee in other cities.
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City Attorney Vose explained that he had reviewed the documents and feels that they are
consistent with programs that are in effect in other cities already and he is not aware of any of them
having legal issues with the policy. He clarified that the developer chooses his own art that must
meet the criteria set forth. The committee does not have authority to dictate specific art pieces.
Council Member Trejo asked who would be responsible for the maintenance of the art work
and was informed that if the developer selects it and has it constructed on-site they are responsible
if they choose to allocate the funds to the City, the City would then maintain the pieces.
It was moved by Mayor Pro Tem Perkins, seconded by Mayor Bayer and carried by the
following vote to introduce the Ordinance.
AYES:
NOES:
ABSTAIN :
Gafin, Perkins, Trejo, Mayor Bayer
None
Cartozian
Prior to the vote, Council Member Cartozian asked if the maker of the motion would change
the motion to include the recommended changes by Mr. Tseklenis and Mayor Pro Tem Perkins
declined
NON-AGENDA PUBLIC COMMENT:
Elsa Van Leuven, resident of Downey, spoke regarding the residential code revisions recent
public forum, requested enforcement of existing Municipal Code provisions and a moratorium.
Harold Tseklenis, resident of Downey, expressed disappointment re: the five-minute
speaking time limit during Public Hearings, stating that it is not a way to establish public policy
ISSues
CONSENT CALENDAR – ITEMS FOR REMOVAL:
11.APPROPRIATE $22,383 FROM THE GENERAL FUND FOR THE OPENING OF THE
LIBRARY ON SUNDAYS: Community Services. This item was withdrawn by Council
Member Gafin and is listed under Other Business below.
13.APPROPRIATE $4,500 FOR ADVERTISING OF PUBLIC STUDY SESSION NOVEMBER
15, 2005 REGARDING RESIDENTIAL CODE REVISIONS: Development Sep,fiLes. This
item was withdrawn by Mayor Pro Tem Perkins and is listed under Other Business below.
CONSENT CALENDAR:
It was moved by Council Member Trejo, seconded by Mayor Pro Tem Perkins and
unanimously carried to approve the remaining Consent Calendar items as recommended:
4.APPROVED COUNCIL MINUTES: Adjourned and Regular Meetings October 25, 2005:
City Clerk.
5.APPROVED WARRANTS ISSUED: Nos. 208350-208758; Wire Nos. 269: 30001111-
30001118; in the total amount of $2,477,063.28: Finance.
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6.CASH CONTRACT NO. 647: ACCEPTED THE IMPROVEMENTS AND MAINTENANCE
RESPONSIBILITY FOR BELLFLOWER BOULEVARD WATER MAIN IMPROVEMENT
PROJECT: Public Works.
7.CASH CONTRACT NO. 656: APPROVED THE CONSTRUCTION DOCUMENTS AND
SPECIFICATIONS AND GRANTED AUTHORITY TO ADVERTISE FOR BIDS FOR THE
9255 IMPERIAL HIGHWAY (SPARTAN LACQUER) BUILDING DEMOLITION AND LEAD
ABATEMENT PROJECT: Public Works.
8.APPROVED EXTENSION OF AGREEMENT WITH GLOBAL LEARNING. INC. FOR
EVALUATION SERVICES FOR THE AFTER SCHOOL PROGRAM IN THE AMOUNT OF
$15,624: Community Services.
9.APPROVED EXTENSION OF AGREEMENT WITH MAJOR LEAGUE SOFTBALL FOR
OPERATION OF ADULT SOFTBALL PROGRAM: Community Services
10.APPROVED AGREEMENT TO RETAIN THE LAW FIRM OF BEST, BEST & KRIEGER AS
SPECIAL COUNSEL – LITIGATION FILED BY CENTRAL BASIN MUNICIPAL WATER
DISTRICT: City Attorney.
12.APPROVED CARRY-FORWARD APPROPRIATIONS IN THE AMOUNT OF $801,910
FOR FISCAL YEAR 2004-05: Administration.
ADMINISTRATIVE REPORTS: None
OTHER BUSINESS:
CONSENT CALENDER – ITEMS REMOVED BY COUNCIL APPROVAL:
11.APPROPRIATED $22,383 FROM THE GENERAL FUND FOR THE OPENING OF THE
LIBRARY ON SUNDAYS: Community Services.
Council Member Gafin reminded everyone that the library was closed due to budget
cutbacks a few years ago and since the State has returned those monies and new incomes are
coming in, he requested that the service be returned to the Community.
It was moved by Council Member Gafin, seconded by Mayor Pro Tem Perkins and
unanimously carried to appropriate funds for the reopening of the Library on Sundays.
13.APPROPRIATED $4,500 FOR ADVERTISING OF PUBLIC STUDY SESSION NOVEMBER
15, 2005 REGARDING RESIDENTIAL CODE REVISIONS: Development Services.
Mayor Pro Tem Perkins noted that he had not voted for the initial funds to hire the consultant
as he felt it could be done in house and questioned why this wasn’t a part of the original budget
when hiring the consultant. Council Member Gafin responded that the subcomrnittee wanted to
increase noticing to try to get more citizens to attend.
It was moved by Council Member Cartozian, seconded by Counc!! Member Gafin and carried
by the following vote to appropriate funds for advertising of public study session on November
15, 2005, re: the Residential Code Revision.
AYES:
NOES:
Cartozian, Gafin, Trejo, Mayor Bayer
Perkins
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OTHER BUSINESS – Council Member Announcements or Requests for Future Aqenda Items:
Council Member Gafin gave a subcommittee status report on the Residential Code Revision
indicating that there was some disappointment after the first workshop in regards to the format and
attendance. He announced that the next workshop is November 15th from 7:00 p.m. to 10:00 p.m. at
the Downey Civic Theatre and the time limit will be more lax if new information is being presented.
Council Member Cartozian showed the proposed flyer advertising the next workshop which will be
placed on doorknobs throughout the City and placed in the local paper. Council Member Gafin
congratulated the newly promoted Police Officers introduced tonight; noted he attended the recent
swearing in of Police Chief Campos; and attended the 8th Annual Fishing Event at Wilderness Park.
Council Member Cartozian pointed out that the State Department of Fish and Game co-
sponsors the Annual Fishing Event; stated that he was honored to be the key-note speaker at the
Red Ribbon event at Griffiths Middle School; and expressed that he is proud of the City, what has
been done with the Downtown area and would like to see mixed uses such as elevated residential
above commercial in the future.
Council Member Trejo thanked Fire Chief Sauter for discussing with him the idea of
paramedics at high school football games and the usual response time of two to three minutes;
thanked Deputy Public Works Director Anthony La for discussing with him the issue of parking in the
area of the new Downey Medical Office building; and thanked City Manager Caton for arranging a
tour of Downey Studios along with his wife who enjoyed seeing the history that is being preserved
on the site
Mayor Pro Tem Perkins noted he had attended the funeral of former Congressman Edward
R. Roybal; the Art show at Rancho Los Amigos Hospital; and the Fishing Event.
Mayor Bayer announced that Citizens for Downey will be meeting at 7:00 a.m. tomorrow
morning at the Rio Hondo Clubhouse; and recognized in attendance Water Facilities Corporation
member Fay Campbell and her mother.
STAFF COMMENTS:
City Manager Caton noted that the Council will be going back into Closed Session to
complete an item on the agenda previously announced; reminded everyone to attend the November
15th workshop at the Downey Theatre re: Residential Code Revisions; and thanked the Fire and
Police Chiefs for the recognition of the fire staff who provided disaster relief after hurricane Katrina,
the newly promoted Police Officers, some of who have waited many years for promotions, and the
City Clerk for assistance in drafting the Arts in Public Places Ordinance.
The meeting recessed at 9:25 p.m. and reconvened at 9:49 p.m. with all Council Member
present
ADJOURNMENT: 9:50 p.m
The meeting adjourned in memory of Edward R. Roybal, U.S. Congressman from 1962
to 1992, and father of U.S. Congresswoman Lucille Roybal-Allard, 34th District, to 6:30 p.m.,
November 22, 2005, in the Council Chamber of Downey City Hall.
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AN-NE M. BAYERMoKATHLEEN L. MIDSTOKKE, City Clerk
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