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HomeMy WebLinkAboutMinutes - 07-10-01 - Regular Meeting1384 The City Council of the City of Downey held a regular meeting at 7:40 p.m., July 10, 2001, in the Council Chamber of the Downey City Hall, Mayor Robert C. Winningham presiding. PRESENT: Council Members: MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 10, 2001 Robert C. Winningham Mayor Meredith H. Perkins Mayor Pro Tem Rick Trejo Kirk O. Cartozian Keith McCarthy ALSO PRESENT: Gerald M. Caton, City Manager Ed Lee, Assistant City Attorney Kathleen Midstokke, City Clerk Lee Powell, Assistant City Manager Desi Alvarez, Director of Public Works John Finch, Police Chief Darrell George, Director of Community/Economic Development James Jarrett, Director of Community Services Mark Sauter, Fire Chief Ron Yoshiki, Asst. Director of Community Dev. /City Planner Sung Hyun, Supervising Accountant David Rodriguez, Project Manager (NASA Site) June Yotsuya, Assistant to the City Manager Shirley Conte, Executive Secretary PRESENTATIONS Senator Betty Karnette introduced her representative for Downey, Heather Reynolds, and advised that she and City Staff have been working with Caltrans to relinquish Lakewood Boulevard to the City of Downey. Doug Failing of Caltrans presented a check to Mayor Winningham in the amount of $9.8 million to relinquish Lakewood Boulevard back to the City of Downey and to bring it back into a state of good repair. He explained that Lakewood Boulevard was adopted as a state highway in the 1950's and advised Caltrans was given the ability to relinquish many of these highways back to cities by State Legislators, with the intention the highways be in a state of good repair so as not to burden the cities. Mayor Winningham brought Agenda Items IX -B, IX -C, IX -D and V1 -E -2 forward for discussion at this time. For continuity these report are listed under their coordinating headings on the Agenda, ADMINISTRATIVE REPORTS and OTHER BUSINESS (Consent Calendar — Items Removed by Council Approval). Council Minutes 7 /10 /01 -1- HEARINGS Mayor Winningham opened the Public Hearing on GENERAL PLAN AMENDMENT 01 -41 AND ZONE CHANGE NO. 01-42 FOR PROPERTY LOCATED AT 10221 DOWNEY AVENUE. Ms. Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Perkins, seconded by Council Member McCarthy, and so ordered to receive and file. Mr. Yoshiki narrated a visual program reviewing a vicinity map of this property. He also reviewed the general plan map, which shows various land use policies in place for developments in the City. He noted the subject property is 90 feet wide x 200 feet deep and approximately 18,000 square feet. The applicant is requesting the Council include this property in the general plan area designated for "Office" use and rezone the property from R -3 (Medium Density Multiple - Family Residential) to CP (Professional Office). He stated the Planning Commission reviewed this request and recommended its approval. He noted the property owner to the south, a single - family residence, spoke in favor of the applicant's request at the Planning Commission meeting. Mayor Winningham removed himself from the dais due to a potential financial conflict of interest due to owning property in this vicinity and turned the meeting over to Mayor Pro Tem Perkins. There was no correspondence received regarding this matter. Mayor Pro Tem Perkins asked if anyone present, including the applicant, wished to speak in favor of the General Plan Amendment and Zone Change. There being no one else to speak, it was moved by Council Member McCarthy, seconded by Council Member Trejo, and so ordered to close the public hearing. Council Minutes 7 /10 /01 -2- - 013842 Don Schneider, 9653 La Reina Avenue, mentioned he is a longtime resident and business owner in Downey and owns a business at 8300 Florence Avenue across the street from the subject property. He thanked the City Planner and his staff for their cooperation in this project and noted the potential buyer of this property owns the two -story building abutting this property to the north, which would tie the two properties together. Michael Carnevale, 21 Florence Walk, Long Beach, a member of the family corporation who owns the office building to the north of the subject property, stated the requested change is to mitigate parking problems experienced since purchasing the office building two years ago. The office building has 18,000 square feet of office space and the minimum amount of parking spaces allowed by Code. He noted this has resulted in double parking in their lot and overflow onto surrounding streets. He advised when the subject property to the south became available, his family felt they could utilize the lot for parking to resolve their parking situation. 013645- RESOLUTION NO. 6496 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE LAND USE ELEMENT OF THE DOWNEY GENERAL PLAN AND RE- CLASSIFYING PROPERTY AT 10221 DOWNEY AVENUE FROM "LOW DENSITY RESIDENTIAL" TO "OFFICE" AND ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (ASSESSOR PARCEL NUMBER 6252 - 021 -016) (GENERAL PLAN AMENDMENT NO. 01 -41) The Resolution was read by title only. It was moved by Council Member McCarthy, seconded by Council Member Trejo, and carried by the following vote to waive further reading and adopt. AYES 4 Council Members: Trejo, Perkins, McCarthy, Cartozian ABSTAIN 1 Council Members: Winningham Council Member Cartozian mentioned Mr. Carnevale had requested office use but stated the property will be utilized for parking. Mr. Carnevale advised he would like to tie both lots together and create one lot, stating the initial thought was to utilize the house as is or convert it to professional office space but negotiations with a new tenant has put a strong demand on parking. He advised the building is presently at less than 75 percent occupancy and parking is at capacity. The new tenant has 100 employees and with only 53 present parking spaces this will result in quite a shortfall. He responded to comments from the Council. Council Member McCarthy felt this was an effective use of a property bordering an office area and noted the immediate neighbor was in support. Council Member Cartozian inquired about setbacks from residential to office, if this property were not used for parking in the future but was incorporated as part of the lot with the office expanded with parking in the back. Mr. Yoshiki advised it would require a 46 -foot setback from the southerly property line, which is Mr. Sterner's northerly property line, and would also require a 46 foot setback from the westerly property line, which would back up to the rear yards of single family homes to the west. He noted there would also be a landscape setback that would provide a buffer in the 46 feet along the property lines Council Minutes 7 /10 /01 -3- Mayor Winningham returned to the dais. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY'S COMPREHENSIVE ZONING MAP AND CHANGING THE ZONE FOR PROPERTY AT 10221 DOWNEY AVENUE FROM R3 (MEDIUM DENSITY MULTIPLE - FAMILY RESIDENTIAL) TO CP (PROFESSIONAL OFFICE) AND ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (ASSESSOR PARCEL NUMBER 6252 -021- 016) (ZONE CHANGE NO. 01 -42) The Ordinance was read by title only. It was moved by Council Member McCarthy, seconded by Council Member Cartozian, and carried by the following vote to waive further reading and introduce. AYES 4 Council Members: Trejo, Perkins, McCarthy, Cartozian ABSTAIN 1 Council Members: Winningham Council Member Trejo inquired as to what uses are allowed in a CP zone and was informed it includes general professional offices and medical offices. Mayor Winningham opened the public hearing on EXTENDING AN ADDITIONAL 22 MONTHS AND 15 DAYS, AN INTERIM URGENCY ORDINANCE, NO. 1103, CREATING A MORATORIUM FOR ALL SELF - STORAGE USES, AND A WRITTEN REPORT DESCRIBING THE ACTIONS TAKEN TO ALLEVIATE THE NEED FOR THE URGENCY INTERIM ORDINANCE AS REQUIRED BY GOVERNMENT CODE SECTION 65858(d). There was no correspondence received regarding this matter. Council Minutes 7/10/01 -4- 01384 Ms. Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Perkins, seconded by Council Member McCarthy, and so ordered to receive and file. Mr. Yoshiki explained this is the second part of the Interim Urgency Ordinance the Council adopted at its June 12th meeting establishing a 45 day moratorium relating to self - storage uses. The Government Code requires the City put together a report and if the City intends to extend the moratorium, it must hold a public hearing. He advised the original moratorium Ordinance was reviewed by the Planning Commission, as the City received a number of inquires regarding self - storage use and came to the realization that the Municipal Code does not adequately address this issue. The subjects of self - storage and mini - warehouses are lumped together and staff feels there is a definite difference between the two. Staff is requesting the urgency ordinance be extended for 22 months and 15 days, as prescribed by State Law. It was noted adoption of an Ordinance addressing this use would cause the moratorium to cease. Council Member McCarthy inquired if the extension requires a four -fifths vote of the Council and the response was yes. Mayor Winningham asked if there was anyone present to speak in favor or in opposition to extending Interim Urgency Ordinance 1103, creating a moratorium regarding self - storage uses. There being no one to speak, it was moved by Council Member Perkins, seconded by Council Member Trejo, and so ordered to close the public hearing. ORDINANCE NO. 1104 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, TO EXTEND, FOR A PERIOD OF TWENTY -TWO (22) MONTHS, AND FIFTEEN (15) DAYS, INTERIM URGENCY ORDINANCE NO. 1103, CREATING A MORATORIUM ON THE ACCEPTANCE, PROCESSING OR THE ISSUANCE OF DEVELOPMENT, BUILDING OR USE PERMITS FOR ALL SELF - STORAGE USES WITHIN THE CITY OF DOWNEY WITHOUT OBTAINING A CONDITIONAL USE PERMIT The Ordinance was read by title only. It was moved by Council Member Perkins, seconded by Council Member McCarthy, and unanimously carried to waive further reading and adopt. CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Item VI -E -1, AMENDMENT TO CLAYTON GROUP CONTRACT FOR ENVIRONMENTAL SERVICES, was removed at the request of Council Member Cartozian. Agenda Item VI -E -2, TRAFFIC SIGNAL AT OLD RIVER SCHOOL ROAD AT ADWEN STREET, was removed at the request of Mayor Winningham. This item was brought forward by Mayor Winningham, as a group of citizens were present to speak on the issue. (For continuity with the Agenda, this discussion is listed under OTHER BUSINESS. Agenda Items VI -F -1, CREATING NEW CLASS SPECIFICATIONS AND SALARY RANGES FOR CHIEF DEPUTY CITY CLERK, PLAN CHECKER, SENIOR ACCOUNT CLERK AND SENIOR PRINCIPAL PLANNER AND INCREASING HOURLY RANGES FOR AQUATIC PROGRAM, was removed at the request of Council Member Perkins. CONSENT CALENDAR It was moved by Council Member McCarthy, seconded by Council Member Trejo, and unanimously carried to approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: NONE (will be presented at the next regular meeting for approval). CASH CONTRACT NO. 612 — DOWNEY INTERMODAL TRANSIT CENTER SPECIAL BUILDING INSPECTION SERVICES (ACCOUNT NO. 55 -1- 7532): Authorize the Mayor to execute a Professional Services Agreement with MTGL, Inc.. Approve. Council Minutes 7/10/01 -5- WARRANTS ISSUED: NO. 167731— 168062; WIRE NUMBERS 30000159 -164; $1,511,219.58: Approve. 2000 URBAN WATER MANAGEMENT PLAN: Set public hearing for 7:30 p.m., July 24, 2001, in the Council Chamber of Downey City Hall: Approve. ORDINANCES: None RESOLUTIONS: None ADMINISTRATIVE REPORTS APPROVAL OF STATE GRANT APPLICATION; AND INTRODUCTION OF ORDINANCE TO APPROVE AN AGREEMENT WITH THE DOWNEY UNIELED SCHOOL DISTRICT TO CONSTRUCT AND OPERATE SPORTS FIELDS AT COLUMBUS HIGH SCHOOL Mr. Jarrett noted, as part of the 2000 State Parks Bond Act, there was a very specific category that provides funds for improvements to parks or school sites to address the chronic shortages of playing space for youth soccer, baseball and softball. He advised the City was very fortunate to be included in this allocation of funds, noting Assemblywoman Sally Havice carried Downey's request to the State and the result is the City will receive $325,000. He explained the two items before the Council are a Resolution to develop an unused piece of property at Columbus High School by installing soccer and baseball fields; and an Ordinance to develop an agreement with the Downey Unified School District. He noted the State requires the School District to commit the property for recreational purposes for a minimum of 15 years. He reviewed improvements to be made and noted the agreement between the City and School District stipulates certain responsibilities for the City and School District and reviewed these. He felt this project would be a benefit to the community and is a good program. Mayor Winningham stated he is excited about this program and noted it has been discussed for quite some time. He felt it would take a load off Rio San Gabriel Park and is a win, win situation. Council Member Perkins advised the dirt at this site has been moved in and out of the site and requested staff obtain written clearance from the School District that it is not contaminated. 013344 Council Member Trejo stated he is in support of any recreation activities and urged the Council to consider extending the lighting in this area at a future date. Council Member McCarthy mentioned his concern for residents at the eastern boundary of this property where there is an apartment complex and was advised the residents will be taken into consideration when the fields are laid out. He also inquired as to how many fields are projected and was informed two combination baseball/softball fields with 60 -foot diamonds, and two or three soccer fields. He noted there is no lighting there now and was advised lighting is not part of this project. It was noted the existing ball diamond at this location is lit. Council Minutes 7 /10 /01 -6- Council Member Cartozian mentioned that the two major comments relayed to him by residents when campaigning for his Council seat was the need for increased code enforcement and expansion of recreational facilities. He noted he was excited to see this project taking shape. RESOLUTION NO. 6498 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR YOUTH SOCCER/BASEBALL FIELD IMPROVEMENTS AT COLUMBUS HIGH SCHOOL The Resolution was read by title only. It was moved by Council Member Perkins, seconded by Council Member Cartozian, and unanimously carried to waive further reading and adopt. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AGREEMENT WITH THE DOWNEY UNIFIED SCHOOL DISTRICT FOR THE CONSTRUCTION AND OPERATION OF SPORTS FIELDS AT COLUMBUS HIGH SCHOOL IN THE CITY OF DOWNEY The Ordinance was read by title only. It was moved by Council Member Perkins, seconded by Council Member McCarthy, and unanimously carried to waive further reading and introduce. APPROVAL OF CONCEPTUAL DESIGN PLAN AND AUTHORIZE PREPARATION OF CONSTRUCTION BID DOCUMENTS FOR INDEPENDENCE PARK SKATE AND TENNIS CENTER IMPROVEMENTS Mr, Jarrett reviewed the process leading up to the conceptual design plans for the skate park, noting the City held a series of meetings with the community's youth and developed a plan with the architect. He noted the tennis club is in concurrence with the plans and improvements, which will also affect their operation. He reviewed the design plan, which includes a skate park approximately 11,300 square feet in size; new restroom facilities; a new pro shop; paving improvements; and a new park entrance. He advised that State and County grant funds are available for the project, which has an estimated cost of approximately $900,000. He narrated a visual program of the site and responded to questions and comments from the Council. Mayor Winningham acknowledged Recreation and Community Services Commission Chairman Jerry Miller and Commissioner Bobbi Samperi in the audience, mentioning they both worked very hard on this project. Dominick Oyzone, Purkiss -Rose RSI, designers of the skate park, responded to comments from the Council by reviewing the company's experience with skate parks. He stated they have built over 50 skate parks in the United States, which includes the cities of Bellflower, Paramount, and Bell Gardens, and currently have 30 in progress. Council Minutes 7/10/01 -7- James Fiela (sp. ?), 9223 Songfest Drive, mentioned utilizing and enjoying the skate parks in surrounding communities and felt the designers of these parks have done a great job. He noted the large turnout of youth at these facilities and felt they are safe and the youth are respectful of one another. He stated he looked forward to opening ofDowney's skate park facility. 013846 Tricia Zolampo (sp. ?) noted this is the first time she heard about the proposed skate park and inquired if there will be an age requirement. She advised she has a 7- year -old child and is concerned about teenagers running over the younger children. She was informed the facility will be available to anyone who wishes to utilize it and programs will be set up to afford everyone equal access. Council Member Cartozian mentioned attending one of the workshops for the skate park and was impressed by the architect, Purkiss -Rose RSI. He advised that Chief Finch informed him that he contacted police chiefs in communities with skate parks to review issues they have dealt with at these facilities. He stated he looks forward to the completion of the project. Council Member McCarthy requested a time frame for completion of the skate park and was informed completion is projected for late spring/early summer 2002. Council Member Perkins commented the skate park is one of the projects he had hoped to see accomplished during his term on the Council and urged the other Council Members to vote in favor of the project. He noted the City gained knowledge from skate park projects in operation in other cities and designed its park accordingly, by locating the facility at the front of the park where it will have high visibility from the street and by not locating it near a residential area where it could disturb residents. Council Member Trejo mentioned his concern was safety issues and suggested having a recreation director supervise the facility. He was informed operational issues will be reviewed and set within the next six months. It was also noted there are legislative changes currently in the process in Sacramento regarding liability at these facilities. Mayor Winningham felt the facility was in an excellent location right next to the Public Works yard, which he advised serves as a fuel station for the Police Department and officers are in and out of the yard all day and night. He noted the City always needs more youth activities and this facility will serve in that function. It was moved by Council Member Perkins, seconded by Council Member Cartozian, and unanimously carried to approve conceptual design plans for the Independence Skate park and related improvements and authorize preparation of construction bid documents. CITY COUNCIL WEBSITE SUBCOMMITTEE Mr. Powell advised, during the budget study session, the Council expressed an interest in forming a subcommittee of the City Council to look into the existing City website and requested the Council appoint two of its members to serve. Council Minutes 7/10/01 -8- €t1148 49 Council Member McCarthy inquired about the term of the current contract with Visual Perspectives and was informed the contract was for a specific project involving the reorganization and enhancement of the existing website. It was noted the City will test the site when completed and will then replace the existing website. Discussion by the Council resulted in the decision to appoint Council Members McCarthy and Cartozian. It was moved by Council Member Perkins, seconded by Council Member Trejo and unanimously carried to appoint Council Members McCarthy and Cartozian to a subcommittee on the City's website. DOWNEY INTERMODAL TRANSIT CENTER (CC 612) — REPORT REGARDING OFF -SITE IMPROVEMENTS ASSOCIATED WITH CONSTRUCTION OF THE PROJECT Mr. Alvarez gave a visual overview on the proposed transit center project and associated improvements. He mentioned the City received a grant for $1.9 million in 1999 to construct a transit center on property along the railroad right -of -way west of Downey Avenue and south of Nance Street between Downey and La Reina Avenues. The goals of the project are: to enhance mobility; promote economic development; and enhance the quality of life in the downtown area. He reviewed the chronology of events leading to the present stage of the project and narrated a visual program of the site. He reviewed the entrance and exit for the transit center along with offsite improvements on Nance Street, La Reina Avenue and Downey Avenue and responded to questions from the Council. Mayor Winningham, referring to a slide depicting the intersection of Firestone Boulevard and Downey Avenue, inquired why the lane on Downey Avenue was a dedicated right turn lane. He was informed it was felt it would be more efficient. He requested this dedicated right turn lane be reviewed and suggested it be changed to a straight through lane. Council Member Cartozian referred to statistics shown on Pages 3 and 4 of the report regarding traffic utilizing Nance Street and was informed the total volume is 1,200 vehicles per day It was noted the volumes listed on Page 4 are left -turn movements at peak hours from Downey Avenue onto Nance Street and from Nance Street onto Downey Avenue. These volumes do not include right turns out of and right turns into Nance Street. Council Member McCarthy suggested the crosswalks at Firestone Boulevard and Downey Avenue and Firestone Boulevard and La Reina Avenue include the same markings as those in the new downtown area. He was informed this was not part of the project but will be reviewed by staff. He felt the markings would add to the atmosphere. Mayor Winningham mentioned correspondence received from the engineers who prepared the traffic study, which should be made available to the public. He was informed a copy was placed with the public packet. He also advised he received a petition prior to the June 26, 2001, Council Meeting, with 122 signatures in opposition to the left turn lane onto Nance Street and presented it to the City Clerk for the record. Council Minutes 7/10/01 -9- 0 1380 Robert Szabat, 12822 Glynn Avenue, stated he initiated the petition mentioned by the Mayor. He referred to comments he made at the previous Council Meeting and commented about how he felt citizens and business people are treated in the City of Downey. He mentioned problems he experienced regarding building permits, code enforcement issues, and his attempt to open an antique business and mentioned remarks made to him by the Mayor during a recess at the last Council Meeting and a visit by a Code Enforcement Officer to his residence the next day, where he received several violations. (Comments were continued during Oral Communications) Mayor Winningham advised Mr. Szabat the issue being discussed is Agenda Item VI -C -1, the Downey Intermodal Transit Center, and explained other issues should be brought up during the Oral Communications portion of the meeting. Larry Raegan, 4633 Hazelbrook Avenue, Long Beach, an employee of Net Electronics at 8224 Firestone Boulevard, spoke in opposition of the traffic median project, stating its affect on employees of this business who live to the south and utilize the left -turn feature off Downey Avenue. He stated the left-turn signal recently installed at Firestone Boulevard and Downey Avenue causes a lot of traffic backup and the proposed median will add to that situation. Lennie Whittington, 8542 Manatee Street, submitted additional petitions with 50 more signatures in opposition to the traffic median. He read a portion of a letter from the City Engineer to the property owners in this area dated March 8, 2001, noting it mentioned improvements but did not mention the traffic barrier on Downey Avenue. He inquired if an environmental impact study was done and, if so, if it addressed the financial impact to these businesses. Yongyouth Damabborn, 11213 -1/2 Downey Avenue, thanked the Council for informing him of tonight's meeting, noting he did not receive notice of previous meetings. He stated his opposition to removal of left -turn access from Downey Avenue to Nance Street, stating it will take away a convenience for both businesses owners and customers. Steven Levy, 6551 Corey Drive, Huntington Beach, noted City Staff advised him the project would take approximately nine months and he inquired if parking will be affected. He mentioned his concern for his investment and his tenants and requested a meeting with staff. Lennie Whittington, 8542 Manatee Street, stated it was his understanding the majority of the 400,000 potential new customers referred to by staff would be school kids, who occupy the DowneyLlNK every morning and afternoon during the school year, and did not feel they would buy anything from these businesses. Mayor Winningham referred a previous comment by Mr. Whittington to the City Attorney, inquiring if an environmental impact report addresses financial concerns. Mr. Lee advised the environmental impact report completed in June 2000 does not and should not address financial impacts. The main concern under the California Environmental Quality Act is physical adverse impacts created by a project, which were addressed in this instance by the traffic engineer with his analysis of the turning movements in and out of Nance Street off Downey Avenue. Council Minutes 7/10/01 -10- . 0 1385 Mayor Winningham inquired if it was staff s recommendation to put the median at this location and was informed the recommendation was a mitigation measure identified in the environmental analysis for the project as a safety concern. Council Member McCarthy felt the increased traffic and potential foot traffic offer an opportunity for businesses in this area and felt people who drive will take another route. Council Member Cartozian mentioned attending the ground breaking for the transit center site today. He referred to Mr. Whittington's comments regarding financial impacts and assured the business owners that the Council is sensitive to these businesses and feels the influx of people on foot to this area will benefit them. Council Member Trejo felt the number of people coming into the transit center would benefit businesses in this area and noted the barrier is mandated for safety reasons and he did not see a resolution for opposition to it. Council Member Perkins advised the normal procedure for notification is to property owners and was sorry business owners did not receive notification. He thanked Mayor Winningham for taking steps to insure business owners were notified of tonight's meeting. He advised he utilizes every business in this area and reviewed the various routes he takes when doing so. He hoped this area would one day become a plaza, with the front of the businesses where the back is now, as was the case when the old train depot was located there. Mayor Winningham mentioned he was a member of the subcommittee for the transit center and worked on this project for quite some time. He noted the traffic median was added when the environmental impact report came back and said it was a mitigation of concern for safety. He noted this project was brought before the public over a year ago and no one came forward. He noted the City has a grant for $2 million that they are in jeopardy of losing. He thanked the business owners for participating and hoped there would be no financial impact to these businesses. It was moved by Council Member McCarthy, seconded by Council Member Trejo, and unanimously carried to receive and file. ORAL COMMUNICATIONS Robert Szabat, 12822 Glynn Avenue, continued his comments initiated during Agenda Item IX -D, DOWNEY INTERMODAL TRANSIT CENTER REPORT, referring to a notice he received from code enforcement citing various property maintenance. He felt this all came about after he spoke at the last Council Meeting. He submitted information and advised he would be seeking legal counsel regarding this matter. Lennie Whittington, 8542 Manatee Street, spoke requesting the Council to consider a reduction in the Utility User's Tax for electricity bills, noting he previously brought this request to the Council on May 22nd. He reviewed the history of the utility users tax and advised that he was approached by a resident who offered to finance a referendum to put the utility user's tax on the ballot for a vote to remove it completely. Council Minutes 7/10/01 -11- OTHER BUSINESS - Consent Calendar - Items removed by Council Aooroval AMENDMENT TO CLAYTON GROUP CONTRACT FOR ENVIRONMENTAL SERVICES Council Member Cartozian questioned why the costs for this contract are not born by the Ezralow Company now but are reimbursed by them later. .01385A Mayor Winningham mentioned following a story on the City of West Covina who had a utility user's tax issue. The citizens revolted against the City Council and recalled all five members. They then had five new Council Members who could not operate the budget and reenacted the utility user's tax, increasing it by one full percentage point. He advised Mr. Whittington the Council will be reviewing the utility user's tax for electricity, noting the City has not seen the full impact of the rise yet. He stated critical programs could be cut if this tax were abolished. Mr. George advised that all City costs associated with predevelopment of the NASA site have been reimbursed by the Ezralow Company. He noted the Clayton Group has been onboard as an environmental consultant for the City for some time and rather than establish a separate contract between Clayton and the Ezralow Company, the City chose to retain them and then receive reimbursement from Ezralow. It was moved by Council Member Perkins, seconded by Council Member Cartozian, and unanimously carried to amend the contract approved on June 12, 2001, that engaged the Clayton Group to conduct a Health Risk Assessment (HRA) for the Downey NASA site, by increasing the budget from $65,000 to $85,000. TRAFFIC SIGNAL AT OLD RIVER SCHOOL ROAD AT ADWEN STREET Mr. Alvarez explained this intersection has been studied in terms of traffic patterns for the last three years, with the most recent study completed last month when recommendations were presented to the Traffic Committee. He narrated a visual presentation of this intersection, noting Old River School Road is a major arterial, carrying about 5,800 cars per day, with a speed limit is 40 miles per hour. Adwen is a residential street, carrying about 2,000 cars per day, with a speed limit of 25 miles per hour. He reviewed the volume of pedestrians during morning and afternoon peak hours, noting there is a high violation rate from vehicular traffic failing to yield the right -of -way to pedestrians attempting to cross at designated crosswalks. He stated it was felt the optimum traffic device for this intersection was a traffic signal. If a traffic signal is approved by the Council, staff will proceed with engineered plans for the signal, which will be brought back to the Council in August for approval and authorization to go out for bids; a contract would be awarded by the middle of September; and then the contractor will order the mast arms. He noted there is a lag time from the date of order to date of delivery for mast arms and actual installation of the signal will take place some time in December. He reviewed measures to be taken in the interim period, such as improved signage, new striping, and a traffic barricade during the school day with a battery powered beacon to attract driver attention. The estimated cost for the traffic signal is $150,000. He responded to comments from the Council. Council Member Perkins suggested the mast arms be ordered now by the City instead of waiting until the contract has been awarded, as he hoped to move the completion date as close to the opening of school as possible. He was advised staff will review his request. Council Minutes 7/10/01 -12- •0 38 5 Mayor Winningham concurred with Council Member Perkins and hoped staff would take into consideration the availability of the contractor to provide this service in a timely manner when reviewing the bids. Mr. Lee advised the City is subject to the Public Contracts Code and the public bidding requirements and, unless there is something exempting the City, it must go out to bid. Council Member McCarthy inquired if urgency could be taken into consideration and was informed this would need to be reviewed to see if urgency findings are found. It was noted strong facts are needed to get around the public bidding requirements. Council Member McCarthy referred to Page 1 of Traffic Signal Warrants that states "rural" and was advised it should read "urban." The following citizens spoke in favor of the traffic signal, mentioning their concerns regarding traffic violations at this intersection; noting they would like to see the signal installed prior to the start of the new school year; thanked the police for their presence; and mentioned site distance problems created by a motor home parked on Old River School Road near Adwen Street obstructing the view of traffic turning right off Adwen Street onto Old River School Road, questioning if this was a violation of the Downey Municipal Code and suggesting it could be rectified by red curb marking. Tricia Zolambo, 7174 Adwen Street Evelyn Companioni, 7113 Adwen Street, (submitted a letter to the Council) Stella Spiles, school crossing guard Suseria Flores, 7159 Benares Street Meredith King, 7164 Adwen Street Linda Kemp, 7303 Adwen Street Mayor Winningham noted the Downey Municipal Code (DMC) is available in the Library for review by citizens and advised the City hopes to implement the DMC on its Website. He requested the citizens contact staff for a review of what can be done about the recreational vehicle parked in this area. Council Member Cartozian concurred with Council Member McCarthy's suggestion to use an urgency clause to bypass the bid system and felt it was very important to have the traffic signal in place before the beginning of the school year to give motorists and students a period of time to get used to its presence. He suggested putting up a sign stating future site of traffic signal and having police units there to monitor the site to make motorists comply. Council Member McCarthy requested the City Attorney report back on whether there is a way to eliminate the bid process. Mr. Lee stated he would review the pros and cons and possibility of exempting this project from the public bidding requirements and will bring back a report. Council Minutes 7/10/01 -13- Council Member Perkins requested staff order the light standards and cautioned the citizens in attendance that a signal light or safety guard does not insure someone cannot still be hurt at this crosswalk. He requested, as a preventative measure, that Council Members Trejo and Cartozian, who represent the City to the school board, suggest a training program be held at Spencer Williams Elementary School to stress safety on how to cross the street, with information also sent home to parents. He thanked the Police Department for their assistance in this matter. Council Member Trejo stated he hoped to have the signal implemented before school started and would support any proposal to facilitate this. He commended the crossing guard and parents who expressed their concerns about this intersection and commended the Police Department and Director of Public Works for taking action on this situation. Mayor Winningham thanked the traffic committee and noted this will be expedited as quickly as possible. It was moved by Council Member Perkins, seconded by Council Member McCarthy, and unanimously carried to approve the installation of a traffic signal at the intersection of Old River School Road and Adwen Street and appropriate $150,000 from the General Fund for its design and construction. The meeting recessed at 10:24 p.m. and reconvened at 10:33 p.m. with all Council Members present. RESOLUTION NO. 6497 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING CLASS SPECIFICATIONS AND ESTABLISHING SALARY RANGES FOR CHIEF DEPUTY CITY CLERK, PLAN CHECKER AND SENIOR ACCOUNT CLERK; DESIGNATING CHIEF DEPUTY CITY CLERK AS CONFIDENTIAL /- EXEMPT AND ESTABLISHING NEW HOURLY RANGES FOR SPECIFIED PART -TIME POSITIONS Council Member Perkins requested the Council strike Section 1, Senior Principal Planner, from the Resolution, as he felt this should be discussed in Closed Session and that he did not have enough information to vote in favor of this position at the present time. He noted discussing this with the City Manager, who agreed that Closed Session was the proper way to discuss this issue. The Resolution was read by title only, deleting the reference to Senior Principal Planner. It was moved by Council Member Perkins, seconded by Council Member McCarthy, and unanimously carried to waive further reading and adopt, with the amendment as noted. Mayor Winningham noted this item will be brought back to Closed Session at a future date under salary negotiations. Council Minutes 7/10/01 -14- 01385q . 1385B OTHER BUSINESS - Council Members Council Member Cartozian mentioned attending the groundbreaking for the new transit center this afternoon with other Council Members, Commissioners, the Architect and staff, and felt the onsite development will be a blessing in disguise to the business owners in this area. Council Member Cartozian noted he is enjoying teaching summer school students and wished them the best for their upcoming proficiency test in August. Council Member Trejo recalled a prior comment by Mr. Whittington regarding the need for an adult day care center in the City. He mentioned discussing this need with Downey Regional Medical Center, who is working on such a program, the PACE program, but are still looking for a proper site. He noted he would like to work with the Community/Economic Development Department for their assistance in this matter. He reviewed the features of the PACE program. Council Member Trejo mentioned attending a very productive meeting of the Advisory Group for the proposed space museum at the NASA site. Council Member Trejo stressed the urgency to address fireworks problems before next year. He commended the Fire and Police Departments for handling fireworks related problems this year but feels illegal fireworks are out of control and need to be addressed before the next 4th of July holiday. Mayor Winningham mentioned he attended the installation of officers for the ARC last evening and commended the director and volunteers who administer this program. He noted the incoming President passed away prior to the transition period and advised that Betty Morris, wife of Gary Morris of the Central Basin Water District, will assume this office. Mayor Winningham mentioned receiving news from Assemblywoman Sally Havice today regarding a tax rebate program for seniors and the disabled. He stated he would supply the press with a copy. Mayor Winningham mentioned receiving a request for a stop sign on Chaney Avenue between Florence Avenue and Muller Street and noted he has received numerous complaints regarding speeders in this area. He requested follow up by staff and noted this street abuts East Middle School. Mayor Winningham requested a status on previously reviewed work needed at Rio San Gabriel Park. Mr. Jarrett advised staff will evaluate remaining State Park funds available for other park improvements, which would include Rio San Gabriel Park, once the skate park project is completed. OTHER BUSINESS - Staff Members Mr. Caton commended Council Member McCarthy for attending this evening's meeting as he was in Washington, D.C. today in his position as President of Gateway Cities Council of Governments to lobby for additional funds for traffic control measures due to the completion of the Alameda Corridor regional project. Council Minutes 7/10/01 -15- City Manager Caton commended the Downey Unified School District for working with the City on the future playing fields at Columbus High School. ADJOURNMENT: 11:30 p.m. The meeting was adjourned to 6:30 p.m., July 24, 2001, in the Council Chamber of Downey City Hall. Kathleen L. Midstokke, City Clerk Robert C. Winningham, H: \CCLERK\SCONCEIMIN TES\ccmnona Council Minutes 7/10/01 -16- 01335!.