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HomeMy WebLinkAboutMinutes - 03-13-01 - Regular MeetingThe City Council of the City of Downey held a regular meeting at 7:46 p.m., March 13, 2001, in the Council Chamber of the Downey City Hall, Mayor Robert C. Winningham presiding. PRESENTATIONS PRESENT: Council Members: ALSO PRESENT: Gerald M. Caton, City Manager Charles Vose, City Attorney Judith McDonnell, City Clerk - Treasurer Lee Powell, Assistant City Manager Desi Alvarez, Director of Public Works Darrell George, Director of Community/Economic Development James Jarrett, Director of Community Services John Michicoff, Director of Finance Mark Sauter, Fire Chief William Davis, Business Development Manager Mark Dryer, Police Captain Steven Yee, Economic Development Coordinator June Yotsuya, Assistant to the City Manager Shirley Conte, Executive Secretary Mayor Winningham presented to Betty Morris of the ARC of Southeast Los Angeles County, a Proclamation declaring the month of March 2001, as Mental Retardation Awareness Month. He noted the ARC is celebrating its 45th year of service to families and individuals with mental retardation. Council Member Cartozian mentioned the ARC Walk for Independence on March 31st at Stonewood Shopping Center at 8:00 a.m. and urged everyone to attend and show their support. Mayor Winningham presented to Joe Ayer, Director of Public Support for the Rio Hondo Chapter of the American Red Cross, a Proclamation declaring the month of March 2001, as American Red Cross Month. HEARINGS: None Council Minutes 3/13/01 -1- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 13, 2001 Robert C. Winningham Mayor Meredith H. Perkins Mayor Pro Tem Rick Trejo Kirk O. Cartozian Keith McCarthy 013732 01373'1 CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Item VI - - CASH CONTRACT NO. 618, LAKEWOOD BOULEVARD WATER TRANSMISSION MAIN IMPROVEMENTS FROM THE I -5 FREEWAY TO ROSECRANS AVENUE, was removed at the request of Council Member Perkins. CONSENT CALENDAR It was moved by Council Member McCarthy, seconded by Council Member Cartozian, and unanimously carried to waive further reading of the Resolution and approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, FEBRUARY 27, 2001: Approve. CASH CONTRACT NO. 613, RIO SAN GABRIEL PARK — BALLFIELD LIGHTING (ACCOUNT NO. 27 17533): Accept the improvements and the maintenance responsibility for the improvements constructed under Cash Contract No. 613 and approve extra work totaling $30,108.63: Approve. CASH CONTRACT NO. S.S. 483, LIGHT - EMITTING DIODE (LED) SIGNAL HEAD CONVERSION CITYWIDE (ACCOUNT NO. 26- 16483): Award a lump sum contract totaling $22,330.00 to L. A. Signal, Inc. for traffic signal and pedestrian head conversion to red and green LED indicators, Citywide, under Cash Contract No. S.S. 483: Approve. CASH CONTRACT NO. S.S. 496, BROOKSHIRE AVENUE/FIRESTONE BOULEVARD NORTH -SOUTH LEFT -TURN SIGNAL (ACCOUNT NO. 26- 16496): Approve plans and specifications and grant authority to advertise for bids: Approve. CASH CONTRACT NO. S.S. 624, LANDSCAPE MAINTENANCE FOR PARKS, PUBLIC FACILITIES AND MISCELLANEOUS PARKWAYS: Approve specifications and grant authority to advertise for bids: Approve. WARRANTS ISSUED: NO. 164368 — 164769; WIRE NUMBERS 30000089 -96; $2,179,578.72: Approve. CONSIDER APPLICATION FOR TAXICAB SERVICE IN THE CITY OF DOWNEY (APPLICANT: YELLOW CAB COMPANY, S.G.V.): Set hearing for 7:30 p.m., April 10, 2001, in the Council Chamber of Downey City Hall: Approve. PARTICIPATION IN CALWORKS (GAIN) COMMUNITY SERVICE PROGRAM: Authorize the City Manager to execute an agreement with the City of Hawthorne as the intermediary contractor for Los Angeles County Department of Public Social Services, in providing services through the CALWORKS (GAIN) program: Approve. Council Minutes 3/13/01 -2- RESOLUTION NO. 6466 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING "BENARES STREET" AS THE NAME FOR THE PROPOSED PUBLIC STREET OF TRACT NO. 53325 (Street Name No. 01 -10) ORDINANCES: None RESOLUTIONS: None ADMINISTRATIVE REPORTS DESIGN GUIDELINES FOR THE DOWNTOWN OVERLAY ZONE Mr. George noted this item was continued from the February 27, 2001, Council Meeting to review the fee structure for services provided by the firm selected to develop design guidelines for the Downtown Overlay Zone and to take a closer look at the ultimate benefits of the design service to the Facade Improvement Program. Staff held a special meeting with the Downtown Subcommittee where it was recommended to only proceed with the development of design guidelines, as it was felt this would achieve the objective of establishing a set of parameters from which to move forward with the facade program. The firm selected, J. Bullock and Associates, will focus on signage, awnings, windows, colors, materials, architectural details, etc. and put these guidelines in a format to be handed to new facade grant applicants. J. Bullock and Associates will complete the scope of services for a fee not to exceed $15,000. He responded to comments from the Council. It was moved by Council Member Perkins, seconded by Council Member Trejo, and unanimously carried to award a contract to J. Bullock and Associates for the development of design guidelines for the Downtown Overlay Zone and authorize the City Manager to execute the agreement. Prior to the vote, Council Member Cartozian mentioned the staff report states each facade grant applicant must hire their own architect. He was informed each participant will retain their own architect, with this service covered under the facade program, will utilize design guidelines ultimately adopted by the Council, and may also utilize J. Bullock and Associates, if they wish. He suggested coming closer to a theme and favored attempting to guide participants to use similar groups by approaching owners rather than lessees to participate. Council Member McCarthy noted he had suggested the Design Review Board be involved in this process and hoped the Downtown Merchants Committee would also provide input on what they want to see in the downtown area rather than having something imposed by staff or the Downtown Subcommittee. Council Member Perkins preferred the individualism of different ideas tied together with the same benches and street furniture but wanted to give owners flexibility. Council Member Trejo noted he wants the proposal to continue, Council Minutes 3/13/01 -3- D 3 '3; 0 3735 Mayor Winningham indicated architectural funds will be available in the grant and it will be up to the applicant as to whether they want to use a central architect. He stated he wanted a uniform set of guidelines for ornamental and decorative items. Guy Sterner, 10303 Downey Avenue, requested clarification as to how broad or narrow the painting and signing guidelines will be and whether tenants that do or do not participate in the facade improvement program will be held to the same guidelines. He was advised that guidelines presented are specifically for facade program applicants and that it has been discussed to bring guidelines back to Council for incorporation into the overlay zone. He noted the Downtown Committee did not want to have a theme and mentioned other cities that do not have a theme but are unique and individualistic. Mayor Winningham expressed his intention is to have slight control and tasteful guidelines in areas such as windows, awnings, etc. David Bowers, 10620 Dolan Avenue, felt guidelines should be much broader for people who make improvements on their own and should not be held to guidelines developed by J. Bullock and Associates. He was informed the guidelines discussed are only for participants in the facade improvement program. Council Member McCarthy suggested adding to the recommendation that the contractor meet with the Downtown Merchants Committee to solicit input on design guidelines and was advised this did not need to be in the contract, but staff will make sure it happens. Council Member Cartozian suggested approaching the Downey Historical Society to find out what is behind some of the present facades to let the participants know how broad their options are. DESIGN REVIEW BOARD (DRB) Mr. George mentioned the City Council directed staff to evaluate the Design Review Board and propose alternative design review strategies to ensure quality developments within the City. Staff reviewed the current makeup of the DRB; surveyed design review strategies in other cities; and is requesting the Council establish a Council Subcommittee to work with staff to assess alternatives. Mr. Davis commented on the importance of the DRB, noted issues of concern, and stated the object of design review is to maintain property value and insure quality development standards. He noted the design review process in Downey involves Planning Division staff, with the DRB having the power to approve plans. The concern is to determine if this process is being done in the best manner. He referred to a survey of 12 cities, pointing out all have some form of design review, and he reviewed the methods utilized by the cities of Santa Fe Springs, Cerritos, Bell Gardens and La Palma. He noted staff is requesting the Council decide whether to continue with the present design review process; whether it is necessary to make changes and why; and whether it is necessary that the Council review plans. He reviewed five alternatives listed in the staff report and recommended the Council establish a Council Subcommittee to review this issue. He responded to comments from the Council. It was moved by Council Member McCarthy, seconded by Council Member Perkins and unanimously carried to establish a Council Subcommittee to review Design Review Board alternatives. (See Mayor's appointment of subcommittee members below). Council Minutes 3/13/01 -4- 01373 Prior to the vote, Council Member McCarthy mentioned he was happy to see this issue before the Council; felt a subcommittee would improve what is there now; and referred to results that have been confusing. He would like to see the effort as streamlined as possible to remove hurdles for the developer while maintaining the integrity and appearance of the project. Council Member Trejo felt it was important to establish dialogue with the DRB, since it provides a function, and it is essential to harmonize that function with the Council's function to propel development in the City. Council Member Perkins mentioned the difficulty in obtaining people to sit on the DRB and noted he was part of the interviewing process where it was felt a good team was chosen. He stated the City is at a crossroad with many large projects and it is extremely important how they are built. He volunteered for the subcommittee and requested Mayor Winningham join him. David Bowers, 10620 Dolan Avenue, clarified the Council is talking about a subcommittee, with alternatives to come back at a later date and the response was yes. After further discussion by the Council, it was so ordered by Mayor Winningham to appoint a Council Subcommittee consisting of himself and Council Member Perkins to review alternatives regarding the Design Review Board. OTHER BUSINESS - Consent Calendar - Items removed by Council Annroval CASH CONTRACT NO. 618, LAKEWOOD BOULEVARD WATER TRANSMISSION MAIN IMPROVEMENTS FROM THE I -5 FREEWAY TO ROSECRANS AVENUE (ACCOUNT NO. 51- 18646) Council Member Perkins noted he withdrew this item to congratulate Public Works' staff for saving the City $78,600 on this project by having Caltrans approve native material for trench backfill instead of imported cement slurry and for reducing the number of fittings ultimately installed along the pipeline. It was moved by Council Member Perkins, seconded by Council Member McCarthy and unanimously carried to accept the improvements for the Lakewood Boulevard Water Transmission Main Project under Cash Contract No. 618, as constructed by Engineered Plumbing, Inc., and approve extra work totaling $10,525 for additional construction inspection services, as performed by Hy -Com and Associates. ORAL COMMUNICATIONS Guy Sterner, 10303 Downey Avenue, congratulated the Mayor and Council for doing an outstanding job in leading the charge against the power plant proposed in the City of South Gate and expressed his hope that the power plant will be built in another community. He also complimented the United States Air Force for its event at the Downey Civic Theatre, which he felt was patriotism at its very best. Council Minutes 3/13/01 -5- ©!3131 David Bowers, 10620 Dolan Avenue, referred to an Agenda item from the February 27, 2001, referring the appeal of Veronica Barrera (Beverly Hills Ice Cream) to a hearing officer and stated he hoped the hearing board would be kind to her. He noted the children in his cul -de -sac enjoy having this ice cream truck come by. He also mentioned the new L. A. Fitness Center in town seems to be busy already and felt it would be a thriving business and looks very nice. He hoped the issues with the DRB could be rectified. John Lacey, 8419 Dacosta Street, complimented the Council and especially the Mayor for the excellent job they did in getting the word out in opposition to the Nueva Azalea power plant proposed for the City of South Gate and mentioned attending several meetings where this issue was discussed. Vicki Mejica, 11816 Downey Avenue, suggested the City assist in the enforcement of non- smoking during school hours, noting she has seen kids smoking at East Middle School. OTHER BUSINESS - Council Members OPPOSITION TO ASSEMBLY BILL 1015 Council Member McCarthy referred to Assembly Bill 1015 (Wright) being brought through the Assembly that would limit the Police Chief's ability to discipline employees for lawful conduct that occurred off the premises of the employer and outside the person's hours of employment. Captain Dryer explained this Bill would restrict an Agency's authority to regulate the off-duty employment of its officers in what could be determined as lawful activities. He noted Police Officers are held to a higher standard and referred to activities this Bill would restrict Police Management from prohibiting, such as the joining of extremist groups and providing body guard services for massage technicians, and felt it was in the best interest of law enforcement to oppose this Bill. Council Member McCarthy noted this involves more restrictions on an employer by the government and felt employers and municipalities have enough restrictions and impositions. He asked for the Council's support in opposition to AB 1015. Council Minutes 3/13/01 -6- RESOLUTION NO. 6467 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING THE IMPLEMENTATION OF ASSEMBLY BILL 1015 (AB1015) WHICH WOULD LIMIT THE POLICE CHIEF'S ABILITY TO DISCIPLINE EMPLOYEES FOR LAWFUL CONDUCT THAT OCCURRED OFF THE PREMISES OF THE EMPLOYER AND OUTSIDE THE PERSON'S HOURS OF EMPLOYMENT The Resolution was read by title only. It was moved by Council Member McCarthy, seconded by Council Member Perkins and unanimously carried to waive further reading and adopt. Council Member McCarthy requested copies be sent to the League of California Cities, California Contract Cities Association, and Independent Cities Association. Council Member McCarthy mentioned the upcoming Chamber of Commerce Street Faire on May 5th. Council Member McCarthy thanked Mayor Winningham for his time and effort regarding the proposed Nueva Azalea Power Plant in South Gate. Council Member McCarthy noted the Banco Popular in Downey was robbed in February and that bank staff were greatly appreciative of the response by the Downey Police Department. Council Member McCarthy complimented City staff for assisting PTA Helps, who provide food for needy families in the community, by informing the City's shopping cart service not to pick up carts utilized by PTA Helps in the collection and distribution of food items. Council Member McCarthy responded to Ms. Mejica, who was concerned about smoking on school campuses, noting he recently lost his younger brother to lung cancer. Council Member Cartozian referred to the comments of Ms. Mejica and mentioned a smoking incident on another school campus where the problem was the parents. He suggested reminding parents there is no smoking on any school or park facility. Council Member Cartozian requested staff look into the two -hour parking restriction in front of the Third Street Coffee Shop and the new salon next door and consider shortening this time limit to prohibit movie goers from utilizing these parking spots, leaving them open for customers of these businesses. Council Member Cartozian requested the meeting also be adjourned in memory of Frank Davies, a teacher at East Middle School, who was a good leader in the community and a good father and husband. Council Member Trejo commented on the Songfest held on Saturday, which shows the strong Christian community in the City. Council Member Trejo commended the Police Department for their handling of the recent situation at one of the City's middle schools where a student brought a gun to school. Council Member Perkins mentioned attending the funeral service for Al Woods of the Building Division and noted the City was well represented. Council Member Perkins commented on the Downey area League of Women Voters' event, "Women Making History in 2001," and mentioned the women honored. Mayor Winningham enumerated the number of events attended by the City Council last Saturday: Pancake breakfast for Little League Baseball at Griffith Middle School; opening day ceremonies for the Ponytail Baseball Program at Independence Park; opening day of the Northwest Downey Little League at Furman Park; "Women Making History" event; and the taping of a Community Focus TV show at the University of Southern California. Council Minutes 3/13/01 -7- 013'73k • 0 3739 Mayor Winningham mentioned the National Arbor Day Foundation has named Downey 2000 Tree City USA and complimented Shirley Bennett, Maintenance Services Superintendent, for implementing the tree program and for doing an excellent job in fostering grants for landscaping projects in the City. Mayor Winningham mentioned receiving an e-mail from the City Manager regarding an update on Sunday Library usage, which has been very positive. He congratulated former Mayor McCarthy for pushing this project forward. Mayor Winningham noted the Soroptimist International Club of Downey will hold their Annual Women of Distinction event on March 29th honoring four women: Marvel Dodson, Wendy Welt, Bettie Skelton and Alice Yamada. Mayor Winningham thanked Mr. Sterner and Mr. Lacey for their comments regarding the proposed Nueva Azalea Power Plant but noted the issue is far from over. He advised that Sunlaw representatives said they would pull out of South Gate if the citizens opposed the project but noted he was advised today that Sunlaw has filed a request with the California Energy Commission for a six -month suspension of their application, which means they can revise their application to resite it here in the southeast area or can reopen it at the South Gate site. He noted the City will continue to monitor this issue and hoped other legislators would join in to support the opposition. OTHER BUSINESS - Staff Members Mr, Caton commented on the fatal accident that occurred on the movie production site of "Spiderman" and complimented the Police and Fire Departments for doing an outstanding job. He noted the City received accolades from Cal OSHA and other outside agencies involved for their response to this situation. Mr. Caton mentioned attending the monthly LACDA Flood Control Project Meeting with Council Member McCarthy and noted the project is running on time, should be completed by the end of the year, and would take the City out of mandatory flood insurance requirements. Mr. Caton congratulated Vicki Mejica for addressing the Council and noted he recently lost his own mother due to lung cancer this past year. He commended her for getting the message out against smoking. ADJOURNMENT: 9:00 p.m. The meeting was adjourned in memory of Irving Gertler, founder of All American Home Center; Al Wood, Building Inspector; and Frank Davies, a teacher at East Middle School, to 6:00 p.m., March 20, 2001, in the Council Chamber of Downey City Hall. r ,t ( v t .Judith E. McDonnell, City Clerk H' \CCLERX \SCOME\ IINUTES \ccmn0313 Council Minutes 3/13/01 -8- Robert C. Winningham, Mayor