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HomeMy WebLinkAboutMinutes - 01-09-07 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JANUARY 9, 2007 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:34 p.m., January 9, 2007 in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairman Rick Trejo presiding. PRESENT:Council Members/Commissioners: Rick Trejo David R. Gafin Kirk O. Cartozian Anne M. Bayer Mario A. Guerra Mayor/Chairman Mayor Pro Tem/Vice-Chairman ALSO PRESENT:Gerald Caton, City Manager Lee Powell, Assistant City Manager Charles S. Vose, City Attorney/Economic Development Director Joyce E. Doyle, Chief Deputy City Clerk/Secretary Linda Haines, Development Services Director Scott Pomrehn, Assistant to the City Manager Desi Alvarez, Public Works Director NON-AGENDA PUBLIC COMMENT: No one came forward to speak. APPROVAL OF CLOSED SESSION MNUTES It was moved by Mayor Pro Tem/Vice-Chairman Gafin, seconded by Council Member/Commissioner Cartozian, and unanimously carried to approve the Closed Session Minutes of November 28, 2006. RECESS TO CLOSED SESSION Mayor/Chairman Trejo announced the Council/Commission is ncessing to Closed Session (6:36 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: Arcadia vs. State Water Resources, San Diego Superior Court, Case #GIC;803631 ; and in re: Los Anqeles County Municipal Stormwater Permit Litiqation, L. A. Superior Court, Case #BS080548. 2. Government Code Section 54956.9(c) – Conference with legal counsel – anticipated litigation. Initiation of litigation – one potential case. Added an item by unanimous vote that the need arose subsequent to the posting of the agenda and that there is a need to take immediate action: City Council/Community Dev. Comm. Minutes (adj.) 01/09/07 -1 - 3. Government Code Section 54956.9(c) – Conference with legal counsel – anticipated litigation. Initiation of litigation – one potential case. RECONVENED The meeting reconvened in Open Session at 7:34 p.m. ®th all Council Members/Commissioners present. There were no actions to report. The meeting recessed at 7:36 p.m. The meeting reconvened at 9:59 p.m. Wth all Council Members/Commissioners present and immediately recessed to Closed Session. The meeting reconvened in Open Session at 10:15 p.m. Qth all Council Members/Commissioners present. There were no actions to report. ADJOURNMENT: 10:15 p.m. ,Cdt'',>CzmapHiCZETa [;;bimmReTriFa–R City Council/Community Dev. Comm. Minutes (adj.) 01/09/07 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JANUARY 9, 2007 TABLE OF MINUTE ACTIONS SUBJECT Presentations Non-Agenda Public Comment Consent Calendar – Items for Removal Council Minutes: Reg. & Adj. Mtg. 11/28/06, Special Mtgs. 12/12/06 & 12/21/06 Warrants: #218716-219437: Wire Nos. 30001343-30001358 $9,733,832.13 CAFR Report, FY ended 6/40/06 Appropriated $7,177 of Literacy Grant Funds MV Transportation Agreement, Dial-A-Ride Bus Drivers Fiesta Taxi Meter Rate Increase CC#SS5745/575, Stewart & Gray Rd. Pavement Rehab Right-of-Way Agreement, 12961 Lakewood Blvd . Lehman, English, Kelly & O'Keefe Agreement Extension Appropriate $25,000 for Studies, TDML, NPDES Permit ZC#06-97-Hall/Bellflower/Lakewood/SP Railroad, R-3 to R-2 ACTION PAGE NO. 2 3 3Approved Approved 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 4 Received/Filed Approved Approved Approved Approved Approved Approved Approved Set Date 01 /23/07 Set Date 02/1 3/07 Approved CDBG & Home Investment Partnership Grant Programs Re-appropriate $204,000 Federal Fire Act GF & $51,000 Gen. Fund, Fire Dept. Radio Equipment City Manager Meeting, Water Quality Control Reso.#07-6960, State Master Agreement 07-5334FR, Fed. Aid Reso.#07-6961, State Master Agreement 07-5443Ft, Supp #N023 Reso.#07-6962, StateMaster Agreement 000332, Supp #D12 Approved Adopted Adopted Adopted JANUARY 9, 2007 TABLE PAGE TWO Reso. #07-6963, Council Dist. 2 Appointments Reso.#07-6964, Council Dist 4, Appointment Water Board Ord. DMC Amendment, Subsection 6182(d), Utility Users Tax Ord. #07-1200, ZC#06-132, 11915 Downey Ave. C-1 to Rl-5000 Adopted 2007-08 Budget Calendar Feasibility Study on Broadcasting Council & PIng. Comm. Mtgs. Ord. DMC Amendment, Sect. 3186, Dowley Ave. Speed Limits Council Member Announcements/Request for Future Agenda Items Adopted Adopted Introduced 4 5 5 5 5 5 6 6 7 7 Approved Approved Introduced Staff Comments Adjournment MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JANUARY 9, 2007 The City Council of the City of Downey held a Regular Meeting at 7:40 p.m., January 27, 2007, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Rick Trejo presiding. PRESENT:Council Members: Rick Trejo David R. Gafin Kirk O. Cartozian Anne M. Bayer Mario A. Guerra Mayor Mayor Pro Tem ALSO PRESENT:Gerald Caton, City Manager Charles S. Vose, City Attorney/Economic Development Director Lee Powell, Assistant City Manager Joyce E. Doyle, Chief Deputy City Clerk Scott Pomrehn, Assistant to the City Manager Desi Alvarez, Public Works Director Roy Campos, Chief of Police Linda Haines, Development Services Director John Michicoff, Finance Director Thad Phillips, Community Services Director Mark Sauter, Fire Chief John Godlewski, City Planner Kathy Simmons, Integrated Waste Coordinator Susan Domen, Secretary to the City Clerk PRESENTATIONS: Mayor Trejo presented a Power Point presentation outlining his goals for the upcoming year. He noted the key areas he will be focusing on are: Keeping Downey Beautiful through graffiti removal and preventative maintenance; Keeping Downey Appealing by encouraging code compliance and working with neighborhood groups to promote neighborhood pride; Keeping Downey Safe by maintaining high level of public safety and balancing traditional policing with current technology; Keeping Downey Protected by maintaining a high level of medical and fire response and continuing innovative funding strategies; the new Downey Park; Kaiser Hospital providing more than 3000 jobs; and the Columbia Memorial Space Science Learning Center. Integrated Waste Coordinator Simmons presented awards to the Used Oil Calendar Artwork Winners for 2007. Council Member Cartozian presented a Certificate of Appointment to Michael Hemsath, Recreation and Community Services Commissioner for Council District Five. Mayor Trejo presented a Proclamation to the Downey Unified School District School Board Members and School Superintendent Wendy Doty declaring January as School Board Recognition Month City Council Minutes 01/09/07 -1- Robert Johnson, Exalted Ruler; Robert Schneider, Lodge Secretary; and Frank Prieto, Past District Deputy of the Downey Elks Lodge presented the American Flag to the City for use at the Gary McCaughan Gymnasium. Ben Escobedo, representative for Congresswoman Lucille Roybal-Allard, 34th District, presented a Certificate of Congressional Recognition to Mayor Trejo in honor of the City of Downey’s 50tFI Anniversary. Mike Hollon, representative for Assembly Member Hector De La Torre, 50th District, presented an Assembly Resolution to Mayor Trejo in honor of the City of Downey’s 50th Anniversary. PUBLIC HEARINGS: None At this time, City Attorney Vose announced that Police Chief Campos will report on the status of events that occurred at Johnie’s Broiler over the weekend. Police Chief Campos mentioned that what occurred on Sunday afternoon speaks to the heart of the community. The Police Department received reports of demolition occurring on the premises and the first officers arrived on scene at 5:30 p.m. to discover unauthorized demolition was occurring. He continued that Police Officers had identified and documented a number of individuals involved at the scene and that due to the ongoing investigation cannot reveal any further details. He reassured everyone that the City will use all resources available to hold accountable to fullest extent of the law the individuals responsible for the demolition. Council Member Bayer asked to reserve comment until the investigation is complete. Council Member Cartozian stated that the City will take the matter up aggressively and prosecute to the fullest extent of the law. He continued that he feels a grave injustice occurred and looks forward to the citizens’ comments. He stated that this embarrassment happened without the City’s knowledge and the process and procedure for this type of act was completely ignored. Council Member Guerra noted his concerns that someone circumvented the law and is happy that the City is doing an investigation. He mentioned he had received many emails from people all stating their outrage over this issue and that he feels it is a travesty to the City. Mayor Pro Tem Gafin expressed that he feels this was an outrageous and blatant act and wants the City Prosecutor along with the District Attorney to prosecute the perpetrators to the fullest extent of the law and send a message that this type of offense will not be overlooked. Mayor Trejo reassured the audience that he will have the City pull all available resources together and do everything possible to prevent any further destruction to the building and restore what was there. He noted the City has always protected its history like the old McDonald’s and would continue to do so. He stated that this was a historical site and the demolition of it only shows disrespect for our citizens and the surrounding region and reiterated he would ensure the City will do what it can to protect it. NON-AGENDA PUBLIC COMMENT: The following persons spoke on behalf of restoring Johnie’s Broiler and punishing those responsible for its illegal demolition: Russell Rankin Leonard Brown James Wright -2- Adrian Biando (sp?) City Council Minutes 01/09/07 George Redfox Helen Burns Kristi Would (sp?) David Miller Unknown Speaker Lennie Whittington Andrea Munoz Michael Palumbo Kevin Presiado Phil Cops Alan Lieb (sp?) Kent Halbmier Annalisa Hungerford Carol Holiday ErikWinkswiler (sp?) Kathleen Perez Mike Buhler Mark Kneehouse Alex lsardy (sp?) Richard Pridham Rosemary Ramirez Jacqueline Riza Arlene Garcia Planner, resident, spoke regarding safety around Warren High School. Mathew Stafford, student, requested there be police patrolling the area around Paramount Boulevard and Stewart and Gray Road before Warren High School is released to prevent the fighting and drug related issues that occur there frequently. Eugene Schultz, resident, requested a sound wall be constructed on the South side of the 105 Freeway as there was on the North side, to help abate the noises late at night and asked the City to urge Caltrans to do so in an expedient manner. CONSENT CALENDAR – ITEMS FOR REMOVAL: 18.INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO THE SPEED LIMIT FOR DOWNEY AVENUE: Public Works. This item was removed at the request of Council Member Guerra and is listed under Other Business below. CONSENT CALENDAR: It was moved by Council Member Cartozian, seconded by Council Member Gafin, and unanimously carried to approve the remaining Consent Calendar items as recommended: 1.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings November 28, 2006 and December 12, 2006; and Special Meeting December 21, 2006: City Clerk. 2.APPROVED WARRANTS ISSUED: Nos. 218716 – 219437; Wire Nos. 30001343 – 30001358; in the total amount of $9,733,832.13: Finance. 3.RECEIVED AND FILED THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDED JUNE 30, 2006: Finance. 4.APPROPRIATED $7,177 OF ADDITIONAL LITERACY GRANT FUNDS FROM THE CALIFORNIA LIBRARY LITERACY SERVICES: Community Services. 5.APPROVED AGREEMENT WITH MV TRANSPORTATION TO PROVIDE PART-TIME DRIVERS FOR DIAL-A-RIDE BUSES: Community Services. A. AUTHORIZED TRANSFER OF $40,000 FROM TEMPORARY SALARIES TO CONTRACT SERVICES; B. APPROPRIATED $20,000 FROM PROPOSITION A FUNDS. 6.APPROVED TAXICAB METER RATE INCREASE FOR FIESTA TAXI: Administration. City Council Minutes 01/09/07 -3- 7.CASH CONTRACT NO. SS574/575 STEWART AND GRAY ROAD PAVEMENT REHABILITATION: AUTHORIZED THE ISSUANCE OF A CHANGE ORDER IN THE AMOUNT OF $200,000 FOR THE INSTALLATION OF RECYCLED WATER MAIN IMPROVEMENTS AND FIBER OPTIC CONDUIT ON STEWART AND GRAY ROAD BETWEEN BELLFLOWER BOULEVARD AND THE CITY UTILITY YARD: public Works. 8.APPROVED RIGHT-OF-WAY PURCHASE AGREEMENT WITH GAMEIL HANEIN FOR A PERMANENT ROADWAY EASEMENT AT 12961 LAKEWOOD BOULEVARD FOR $75,000 FOR THE LAKEWOOD BOULEVARD IMPROVEMENT PROJECT: Public Works. 9.APPROVED EXTENSION OF AGREEMENT WITH LEHMAN, ENGLISH, KELLY & O’KEEFE FOR AN ADDITIONAL ONE-YEAR PERIOD FOR GENERAL ADVOCACY SERVICES IN SACRAMENTO: Public Works. 10.APPROPRIATED $25,000 FOR SPECIAL STUDIES REGARDING TOTAL MAXIMUM DAILY LOADS (TDML) ASSOCIATED WITH THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER PERMIT: Public Works. 11.SET PUBLIC HEARING FOR ZONE CHANGE NO. 06-97, CITY INITIATED, TO REZONE FIFTY NINE PARCELS FROM R-3 TO R-2 IN AN AREA BOUNDED BY HALL ROAD, BELLFLOWER BOULEVARD, LAKEWOOD BOULEVARD, AND SOUTHERN PACIFIC RAILROAD FOR JANUARY 23, 2007: Development Services. 12.SET PUBLIC HEARING FOR COMMENT ON THE 2007-08 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP GRANT PROGRAMS FOR FEBRUARY 13, 2007: Development Services. 13.REAPPROPRIATED $204,000 OF FEDERAL FIRE ACT GRANT FUNDS AND $51,000 OF CITY GENERAL FUNDS FOR FIRE DEPARTMENT RADIO EQUIPMENT IMPROVEMENTS: Fire. 14.AUTHORIZED THE CITY MANAGER TO HOST A LUNCHEON MEETING OF CITY MANAGERS FROM LOS ANGELES COUNTY CITIES TO DISCUSS THE WATER QUALITY CONTROL PLAN FOR THE LOS ANGELES REGION: Public Works. 15.MASTER AGREEMENT AND PROGRAM SUPPLEMENTS: Public Works A. ADOPTED RESOLUTION NO. 07-6960, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING DOWNEY-STATE MASTER AGREEMENT NO. 07- 5334R FOR FEDERAL AID PROJECTS. B. ADOPTED RESOLUTION NO. 07-6961, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. N023 TO DOWNEY-STATE MASTER AGREEMENT NO. 07-5334R FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON LAKEWOOD BOULEVARD. C. ADOPTED RESOLUTION NO. 07-6962, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. D12 TO DOWNEY- STATE MASTER AGREEMENT NO. 000332 FOR THE SAFE ROUTE TO SCHOOL (CYCLE 6) PROJECT. 16.ADOPTED RESOLUTION NO. 07-6963, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING APPOINTMENTS/REAPPOINTMENTS TO BOARDS. COMMISSIONS AND COMMITrEES FOR COUNCIL DISTRICT TWO: Administration. City Council Minutes 01/09/07 -4- 17.ADOPTED RESOLUTION NO. 07-6964, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF ADAM CHRISTIN TO THE WATER BOARD FOR COUNCIL DISTRICT FOUR: Administration. 19.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SUBSECTION 6182(d) OF THE DOWNEY MUNICIPAL CODE RELATING TO EXEMPTIONS FROM THE TELEPHONE UTILITY USERS TAX: Administration. 20.ADOPTED ORDINANCE NO. 07-1200, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY’S COMPREHENSIVE ZONING MAP CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY AT 11915 DOWNEY AVENUE FROM C-1 (NEIGHBORHOOD COMMERCIAL) TO Rl-5,000 (SINGLE-FAMILY RESIDENTIAL) (ASSESSOR PARCEL NUMBER 6259-001-029) (AND APPROVING ZONE CHANGE NO. 06-132): Development Services. ADMINISTRATIVE REPORTS: 21 .APPROVED BUDGET CALENDAR FOR THE 2007-08 BUDGET: Administration. City Manager Caton requested that the Council approve the budget calendar for 2007-08 and stated that staff would bring back exact dates for Budget Study Sessions at a later time. It was moved by Council Member Bayer, seconded by Council Member Cartozian and unanimously carried to approve the Budget Calendar. OTHER BUSINESS: 22.APPROVED REQUEST FOR FEASIBILITY REPORT ON VIDEO BROADCASTING OF CITY COUNCIL AND PLANNING COMMISSION MEETINGS: Council Member Guerra. Council Member Guerra explained that he would like to have a feasibility study done to explore the idea of broadcasting Council meetings on cable and even perhaps streaming on the web. He stated that many other cities are doing this as shown in the report and that it allows the citizens to see what is going on while at home. Council Member Cartozian noted he is willing to look into a study, but he would like it to include more cities from our area and questioned how the survey was taken. Council Member Guerra responded that he had the City Clerk put out a request for information on the listserve over the holidays, so the response was not as great as hoped for. He continued that there would be more in depth information if a study is performed, however, he is not sure how much the City can do with the cable company due to the new regulations by the State. Council Member Bayer inquired if there was a funding amount being considered for the study and was told no. Council Member Cartozian noted that staff may be able to conduct the study with no additional appropriation of funds needed and that the City Manager could determine this. City Manager Caton stated that he will have staff generate a report and if additional funds are needed he would come back to Council for approval. City Council Minutes 01/09/07 -5- Unknown speaker asked if the cable company would do this as a public service and suggested that they might conduct a survey among the residents to see if they are interested in having the meeting broadcast. City Manager Caton stated that the State now issues the franchises with the cable companies but staff will talk to them to see if they have programming capacity. It was moved by Mayor Trejo, seconded by Council Member Cartozian and unanimously carried to approve the request to conduct a feasibility study. CONSENT CALENDER – ITEMS REMOVED BY COUNCIL APPROVAL: 18.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO THE SPEED LIMIT FOR DOWNEY AVENUE; Public Works. Council Member Guerra asked for clarification on how the speed limits are determined. 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. Director Alvarez concluded that due to the speed survey done along Downey Avenue the limits would be increased. It was moved by Mayor Pro Tem Gafin, seconded by Council Member Cartozian and unanimously carried to introduce the Ordinance. OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items: A. CONFERENCE AND MEETING REPORTS. Council Member Guerra mentioned his recent attendance at a GOOD meeting; and announced he would be leaving tomorrow for Sacramento to attend the League of California Cities Conference for new Council Members; congratulated Community Services on receiving ASPIRE funding; and introduced his wife in the audience. Council Member Cartozian wished everyone a happy Martin Luther King Jr. day; announced the Downey/Warren Basketball game would be Wednesday evening; asked that Council Announcements or Requests for Future Agenda items be moved to the beginning of the Council Agenda; and requested a public study session regarding Downey Studios. Council Member Bayer requested a feasibility study on the City having a holiday tree lighting ceremony at the end of the year; recognized Fay Cambell, Water Facilities Commissioner and Lee Ann Sears, Parks and Recreation/Emergency Preparedness Commissioner in the audience; and announced she would be on a tour, sponsored by the Metropolitan Water District, of Southern California dams next Friday through Sunday. Mayor Trejo said he would like to meet with Police Chief Campos regarding problems at Warren High School mentioned by an earlier speaker. City Council Minutes 01/09/07 -6- STAFF MEMBER COMMENTS: City Manager Caton stated that the study session for the Downey Studios will be scheduled for the next meeting and noted that the Specific Plan for the property already outlines the alternate use of the property as a retail center. The meeting recessed to Closed Session at 9:59 p.m. and reconvened at 10:15 p.m. with all Council Members present. There were no actions to report. ADJOURNMENT: 10:15 p.m. 10:15 p.m. to p.m. to 6:30 p.m. January 23, 2007 in memory of Jenny Acker, Downey resident and business owner. Z / RmTREJCfnGoFoREthm©;BeTa City Council Minutes 01/09/07