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HomeMy WebLinkAboutMinutes - 09-25-01 - Regular Meeting01331 The City Council of the City of Downey held a regular meeting at 7:36 p.m., September 25, 2001, in the Council Chamber of the Downey City Hall, Mayor Robert C. Winningham presiding. PRESENT: Council Members: ALSO PRESENT: Gerald M. Caton, City Manager Charles Vose, 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 John Michicoff Director of Finance Mark Sauter, Fire Chief Ron Yoshiki, Asst. Director of Community Dev. /City Planner Jeff Calhoun, Police Sergeant Linda Haines, Building Official Jason Mikaelian, Associate Planner Christina Vogel, Assistant to the City Manager Shirley Conte, Executive Secretary PRESENTATIONS MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 25, 2001 Robert C. Winningham Mayor Meredith H. Perkins Mayor Pro Tem Rick Trejo Kirk O. Cartozian Keith McCarthy Chief Finch introduced newly promoted Police Sergeant Jeff Calhoun, a 21 -year veteran of the Downey Police Department and reviewed previous positions held by Sergeant Calhoun during his tenure with the Department. Mayor Winningham and Council Members Trejo and McCarthy, presented Certificates of Appreciation to Downey Girls' Softball Teams, who won certificates and championships this year. Sandy Grana, representing the Nemesis Travel "A" softball teams, presented a plaque to the City in appreciation of its support of the Nemesis softball teams. Council Minutes 9/25/01 -1- 013311 Mayor Winningham congratulated the Nemesis Travel "A ", 10 -year and under, fast pitch girls softball team, who won 2nd place in the State tournament and 3rd place in the National tournament of the American Softball Association 2001, and presented Proclamations to the girls and their coaches from Los Angeles County Supervisor Don Knabe in honor of their achievements. Coaches: Gilbert Mendoza, Charlie Negrete, Armondo Perez and Roland Zambrana. Manager: Sandy Grana. Players: Beverly Bultsma, Robyn Katherman, Kaitlyn Laban, Amanda Paris, Ashley Ramirez, Kelsey Sturgeon, Hannah Whitney, Rosie Alaniz, Courtney Grana, Kaci Keltner, Cindy Negrete, Dana Perez, Jazmin Rocha, Samantha Vaaulu, Christina Zambrana and Courtney Aden. --- Mayor Winningham congratulated the Nemesis Travel "A ", 14 -year and under, fast pitch girls softball team, who were in the triple crown and were the 2nd place winners of the National Tournament of the American Softball Association 2001: Coaches: Ed Blanck, Manny Garcia and Grant Winford. Players: Alexic Garcia, Jennifer Winford, Iliana Madrigal, Alexis Javier, Aimee Rosa, Brittany Shelton, Amanda Williams, Gidget Blanck, Kari Johnson, Mallorie Anderson, Brooke Viola, Amy Massey and Cynthia Fuentes. Mayor Winningham also congratulated the Downey Ponytail Senior Division Girls All-Star Team, who qualified for the State and National tournaments and finished 3rd in the State for the American Softball Association 2001. Coaches: Paul Hayes, George Araujo, John Quirk, Ariel Arguello. Manager: Josefina Araujo. Players: Jennifer Arguello, Silvia Park, Krystal Duncans Jovan Bernal Cynthia Jackson, Jennifer Rocha, We Hayes, Wendy Andreu, Shannon Quirk, Kelly Shortridge, Tanya Orosco, Cynthia Leyva, Krystal James, Lisa Hernandez, Daisy Gonzalez and Vanessa Salazar. Anthony Elmo and Julie Seay, representing the California Building Officials (CALBO), presented a Certificate to City Building Official, Linda Haines, from the Board of Directors of CALBO in appreciation of her years of dedicated service from 1995 -2001. They also presented Ms. Haines with a Commendation from Governor Gray Davis. Mr. Elmo recognized Ms Haines' contributions to improve the enforcement of building code regulations across the State, noting she represents the City of Downey by serving CALBO with the highest degree of professionalism and integrity. Ms. Seay reviewed Ms. Haines' 28 years of construction experience and mentioned Ms. Haines also volunteers in the Soroptimist International Club, is the Community Affairs Committee Liaison for Downey, serves on the Statewide Health Planning and Development Committee for clinics, is part of the Los Angeles Uniform Regional Code Program, has been on the annual Design Build competition as both a judge and inspection coordinator for the home builders council, served on the Board of Directors for the National Association of Women in Construction and also served with the CALBO. Mr. Haines thanked CALBO for the award and thanked the City of Downey for allowing her the time to do all the things mentioned, stating she felt they enhance her job as the City's Building Official. Council Minutes 9/25/01 -2- 013118 HEARINGS RESOLUTION NO. 6511 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, IN SUPPORT OF PRESIDENT BUSH AND THE UNITED STATES CONGRESS; AND EXPRESSING SYMPATHY TO THE FAMILIES AND ASSOCIATES OF THE VICTIMS OF THE SEPTEMBER 11, 2001, ACTS OF TERRORISM AGAINST THE UNITED STATES OF AMERICA Mayor Winningham read the Resolution, noting an additional section was added as follows: "That the Mayor and the City Council urge all residents to continue demonstrating support for our nation by flying the American Flag for 30 days following the date of the terrorist acts, through October 10, as President Bush has recommended." 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, as amended. Mayor Winningham opened the public hearings on PROPOSED DOWNEY MUNICIPAL CODE AMENDMENT RELATING TO DELETION OF CERTAIN SUB -ZONES AND USES OF THE OS (OPEN SPACE) ZONE; AND CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT (ENVIRONMENTAL ASSESSMENT NO. 01 -66); ZONE CHANGE NO. 01 -64, TO REZONE PROPERTY AT 12145 WOODRUFF AVENUE FROM MI (LIGHT MANUFACTURING) AND PB (PARKING BUFFER) TO OS -RA (OPEN SPACE — RECREATIONAL AREA); APPEAL, GENERAL PLAN AMENDMENT NO. 00 -06, TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM "OPEN SPACE" TO "NEIGHBORHOOD COMMERCIAL"; APPEAL, ZONE CHANGE NO. 00 -07, TO CHANGE THE ZONING FROM M1 (LIGHT MANUFACTURING) AND PB (PARKING BUFFER) TO C1 (NEIGHBORHOOD COMMERCIAL); APPEAL, CONDITIONAL USE PERMIT NO. 00 -08, TO ESTABLISH A CHURCH FACILITY; AND APPEAL, ZONE VARIANCE NO. 01 -65, RELATED TO VARIABLE HEIGHT AND MAXIMUM HEIGHT OF A NEW STRUCTURE, noting a request was received from the Appellant/Applicant, Iglesia de Cristo Ministerios Llamada Final, for a four week continuance to develop recreational and aesthetic improvements to the site. Mayor Winningham advised there would not be a staff report in lieu of the Appellant's/ - Applicant's request. Ms. Midstokke advised the only correspondence received was the letter previously mentioned requesting a continuance. items. Mayor Winningham asked if there was anyone present who wished to speak to the Hearing There being no one else to speak, it was Moved by Council Member Perkins, seconded by Council Member McCarthy, and unanimously carried to continue the public hearings on (Agenda Items IV -A and IV -B) to the Council Meeting of October 23, 2001. Council Minutes 9/25/01 -3- Prior to the vote, Marshall Rivas, 7702 Cairo Street, spoke in favor of the proposal to develop a church facility at 12145 Woodruff Avenue and encouraged the Council's approval of the project. He noted the site will also serve as a recreational facility for the City's youth. Hector Vallejan, 9139 Cord Avenue, spoke in opposition to the project, stating the City has many churches and needs more industrial parks, museums and libraries. CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Items, VI -C -1, CASH CONTRACT NO. S.S. 507/507, MISCELLANEOUS CONCRETE CONSTRUCTION AND REPAIR (CURB AND GUTTER, SIDEWALK, AND WHEELCHAIR RAMPS) and VI -C -2, CASH CONTRACT NO. 621, FIRE STATION ANNEX BUILDING, were removed at the request of Council Member Cartozian. Agenda Item, VI -E -1, BUILDING DIVISION PLAN CHECK SERVICES, was removed at the request of Council Member Perkins. Agenda Item, VI -F -1, LAKEWOOD BOULEVARD AND FIRESTONE BOULEVARD TRAFFIC SIGNAL COMMUNICATION SYSTEM, was removed at the request of Mayor Winningham. 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, SEPTEMBER 11, 2001: Approve. CASH CONTRACT NO. 628, GAYMONT AVENUE /SUVA STREET DRAINAGE CULVERT REPLACEMENT (ACCOUNT NO. 72-13943): Approve plans and specifications and grant authority to advertise for bids: Approve WARRANTS ISSUED: NO. 169731— 170107; WIRE NUMBERS 165, 30000193 -200, $2,775,361.10: Approve. BUILDING DIVISION INSPECTION SERVICES: Authorize the City Manager to enter into a contract for professional building inspection services with Duane A. Taylor: Approve. SIGNAL SYSTEM MASTER PLAN PROFESSIONAL SERVICES AGREEMENT (ACCOUNT NO. 26- 16518): Authorize the Mayor to execute a Professional Services Agreement with Siemens Energy and Automation, Inc., in the amount of $95,183 for completion of the Signal System Master Plan: Approve. ORDINANCES: None Council Minutes 9/25/01 -4- . 013'3 . 19 01 393 RESOLUTIONS: None ADMINISTRATIVE REPORTS: None OTHER BUSINESS - Consent Calendar - Items removed by Council Anoroval LAKEWOOD BOULEVARD AND FIRESTONE BOULEVARD TRAFFIC SIGNAL COMMUNICATION SYSTEM Mayor Winningham explained this is a signal system master plan professional services agreement to prepare for receiving funds in a Call for Projects application. Mr. Alvarez advised the traffic signal master plan allows the City to be in the position of having information available to seek grant money when Calls for Projects come up. Mayor Winningham referred to the agreements for the two firms selected for design and engineering and inquired if they will work together in coordination on these projects. Mr. Alvarez noted they will work together and coordinate where appropriate to integrate this traffic system with the overall program being put together for the City. He advised there are two contracts because the scope of work is different for the two intersections. Mayor Winningham requested clarification that the City is responsible for matching funding on these grants and was informed the amount of the matching fund is 20 percent, which totals $1,800,000 for Lakewood Boulevard and $1,285,000 for Firestone Boulevard. He inquired how these projects will coordinate with signals in the cities of Norwalk and South Gate, referring to the traffic signals on Firestone Boulevard at the new Target at the 605 Freeway and at the Sam's Club in South Gate. He was informed staff will attempt to coordinate those signals but advised they are outside Downey's jurisdiction and coordination will depend on the cooperation received from those cities. Lennie Whittington, 8542 Manatee Street, inquired why staff did not contract with just one contractor for both projects, and was informed the scope of work is different for the two projects. It was also noted the Lakewood Boulevard work will be coordinated with the reconstruction of Lakewood Boulevard, which will utilize the $10 million received from Caltrans when the street was relinquished to the City. Council Minutes 9/25/01 -5- RESOLUTION NO. 6512 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NOS. M007 AND M008 TO THE CITY OF DOWNEY -STATE MASTER AGREEMENT NO. 07 -5334, FOR THE CONSTRUCTION OF TRAFFIC SIGNAL INTERCONNECT ON FIRESTONE BOULEVARD AND LAKEWOOD BOULEVARD, RESPECTIVELY The Resolution 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; authorize the Mayor to execute a Professional Services Agreement with Meyer, Mohaddes Associates, Inc., in the amount of $266,000 for preliminary engineering work on Lakewood Boulevard; and authorize the Mayor to execute a Professional Services Agreement with ADVANTEC Consulting Engineers, Inc., in the amount of 5115,774 for preliminary engineering work on Firestone Boulevard. CASH CONTRACT NO. S.S. 502/507, MISCELLANEOUS CONCRETE --- CONSTRUCTION AND REPAIR (CURB AND GUTTER, SIDEWALK, AND WHEELCHAIR RAMPS) (ACCOUNT NUMBERS 25- 13901, 25- 13958, 26 -16502 AND 26- 16507) Council Member Cartozian noted the City usually takes the lowest bidder on a project and due to contingencies, engineering, and other costs, the final cost is often over and above the initial bid amount. He asked if there is a ceiling in the bid system on the amount the final project cost can be over the initial bid amount. Mr. Alvarez advised contingencies are budgeted for additional work and unforeseen conditions that may arise during construction of the project and are typically around 10 percent. Engineering, inspection, and contract administration recover the cost of staff and/or consultant time to provide field inspection as well as office administration of the contract and usually runs another 15 to 20 percent of the contract amount. Council Member Cartozian noted the additional costs for this project are over 30 percent higher than the initial bid amount. Mr. Alvarez explained this is a miscellaneous concrete construction contract and identifies some work but additional work is also designed throughout the course of the contract, as it comes up. It was moved by Council Member Cartozian, seconded by Council Member McCarthy, and unanimously carried to award a unit price contract for both Part I and Part II to J. Cardenas Construction totaling $260,697.40, for Miscellaneous Concrete Construction and Repair under Cash Contract No. S.S. 502/507. CASH CONTRACT NO. 621, FIRE STATION ANNEX BUILDING (ACCOUNT NO. 40-13968) Council Member Cartozian advised this project pertains to Fire Station No. 1, which came in at $39,000 over budget, and requested an explanation of the process whereby first bids are rejected and the project is re -bid. Mr. Alvarez advised contractors post a bid bond when submitting bids and these bonds cannot be released until the City takes formal action. With the rejection of all bids, the bid bonds can be released. He explained the reason bids were rejected is due to the project coming in higher than what was budgeted and the Fire Department is working with their architects to review plans to see where clarifications and modifications can be made. The project will then be re -bid. Council Minutes 9/25/01 -6- of I 013929- Chief Sauter advised the project was taken to a project manager to explore areas that were bid at a higher than expected rate, as well as having a third party review the project. Staff will now work with the architect to pair the project down. It was moved by Council Member Cartozian, seconded by Council Member McCarthy, and unanimously carried to reject all bids received for Cash Contract No. 621A — Fire Station Annex Building. BUILDING DIVISION PLAN CHECK SERVICES Council Member Perkins referred to the Agenda Memo for this item, which is dated September 25, 2001, and notes Mr. Ewers has been employed by the City since 1977. He questioned why, if he is presently employed by the City, would there be a separate contract. Ms. Haines advised Mr. Ewers was employed by the City from 1977 until he retired in 1993. He was then brought back as Acting Building Official. Council Member Perkins stated under Financial Impact on the staff report is notes the contract period as July 1, 2001, through June 30, 2002, and questioned if Mr. Ewers has been employed since last July. Ms. Haines advised Mr. Ewers was actually a part-time employee and was off for a few months due to medical problems. He was then asked if he would contract with the City for electrical plan check work. Council Member Perkins requested staff be directed to come before the Council prior to employing people in the future and did not feel this contract was done in the proper manner. It was moved by Council Member Perkins, seconded by Council Member Cartozian, and unanimously carried to authorize the City Manager to enter into a contract for Building Division Plan Check services with Ralph A. Ewers. Prior to the vote, Mayor Winningham stated Mr. Ewers is an asset to the Building Division and community and felt it was a wise move to retain his services. Mayor Winningham acknowledged Raul Lopez, candidate for the Downey Unified School Board, and past President of Gangs Out Of Downey (GOOD) and Downey Rotary Club in the audience. ORAL COMMUNICATIONS Lennie Whittington, 8542 Manatee Street, commended Ralph Ewers of the Building Division, stating he is an asset to the City and is kind and considerate when dealing with the public. He also thanked Council Members and Staff for their assistance with the street light outage on Manatee Street from Brookshire Avenue to Patton Road and on Patton Road from Cleta Street to the railroad tracks. He explained a hospital contractor had requested Southern California Edison Company tum the street lights off to allow the hospital to perform electrical line upgrading. He noted Council Minutes 9/25/01 -7- ('39 the City was not informed and the lights were out for nine days. He thanked Staff, without whose help this situation may have gone on much longer and also thanked the Police Department for sending extra patrols to during the street light outage. Hector Vallejan, 9139 Cord Avenue, mentioned traffic safety issues in his neighborhood in northeast Downey, noting many drivers speed in this area. He also noted trash is being left on the streets in this area by apartment building tenants, which makes these neighborhoods between Telegraph Road and the I -5 Freeway look very bad. He invited the Council to take a look and requested additional Police patrols in this area. Mayor Winningham commended Mr. Whittington for pursuing this issue for his neighbors. Mayor Winningham advised he and Council Member Cartozian would take a look. OTHER BUSINESS - Council Members Council Member Trejo questioned staff as to what type of disaster plans are in place in Downey in light of what happened on September 1 lth. Chief Sauter advised both the Police and Fire Departments are on heightened readiness and prepare different groupings of equipment and personnel on a daily basis for a larger scale disaster, such as medical, hazardous materials, and strike teams that could go inside our City area or anywhere else. On a citywide scale, there is an annual drill every November where City staff are trained. Terrorism training has also been stepped up and there will be two full days devoted to this issue in October. He stated the City will continue to work on this along with the community in an effort to be prepared. Council Member Trejo noted if a biological agent such as Anthrax were released into this area, he didn't know if the Hospital would be capable of treating it and offered to work with the Fire Department and Hospital to develop a plan to provide these resources to the citizens of Downey. Council Member Trejo requested the Police Chief put a motor unit on Patton Road, near the Hospital and Coca -Cola plant, to monitor speed limit, which is being exceeded in this area. Council Member Trejo requested the Public Works Director work with Caltrans to clean up freeway on and off -ramps in the City. Mayor Winningham noted he previously contacted and met with Senator Betty Karnette, Director of Transportation for the State, on the issue of cleanup of freeway on and off -ramps two years ago. He stated Caltrans' response was if he wanted something done about it, he could adopt the off -ramp. Council Member Cartozian recognized his students in attendance in the audience. Council Member Cartozian announced he will be in Santa Barbara on Thursday regarding the Gangs Out Of Downey (GOOD) program, that is being recognized as one of 15 finalists in the State for pro- active community service. Council Minutes 9/25/01 -8- 013 Council Member Cartozian announced a car wash Saturday at Downey High School by the Associated Student Body with monies raised going to the New York disaster fund. He thanked the Downey Eagle for the publicity and encouraged everyone to attend. Council Member Cartozian mentioned attending a prayer service at the Hindu Temple on Lakewood Boulevard with Mayor Winningham and Mayor Pro Tem Perkins. Council Member Cartozian mentioned attending the Downey Unified School District Board Meeting today where a pilot program termed "the war on litter" was presented to proactively reeducate students at the high school level. He stated he felt this would have an immediate impact on the community and noted an assessment of the program will be brought back to the School Board in June. Council Member Cartozian expressed his displeasure at the most recent reapportionment plans for Downey, which will split the City into two State Assembly Districts. Council Member Cartozian urged continuing prayers for those affected by the September 11th acts of terrorism. Council Member McCarthy mentioned a community day held at Golden Park recently to inform residents of various home improvement grant /loan programs. He noted Community Services, Police and Fire Department employees distributed information on what the City offers and also on fire safety and emergency preparedness. The Red Cross gave out health/safety information and the Country Butcher and Coca -Cola provided food and beverages. He suggested organizers of these events remember to advise Council Members so they too can attend and possibly help out. Council Member McCarthy mentioned a recent letter of commendation to the Fire Department commending firefighters John Day, Dan Hurlock and Jim March. Council Member McCarthy requested the Public Works Director look into the storm drain on the north side of Downey High School on the northeast corner of Brookshire Avenue and Firestone Boulevard where the barrier seems to be gone and there is an unpleasant odor. Council Member Perkins mentioned attending the Hindu Temple prayer service last Sunday. Council Member Perkins related that he had the opportunity to be in Huntington Park on Friday for a celebration for Rosario Marin, who was appointed Treasurer of the United States by President Bush. Council Member Perkins announced a new business in Downey, Chase Manhattan Mortgage, who said they chose Downey due to the City appearing to be the "hub" of this region. Council Member Perkins announced the public forum on Fireworks on September 26th at 6:30 p.m. at the Barbara Riley Community /Senior Center and urged everyone to attend. Council Member Perkins mentioned visiting Los Angeles County Supervisor Don Knabe's office where former Downey employee June Yotsuya was commended for her 12 years of dedicated service to the City of Downey and to the region. Council Minutes 9/25/01 -9- Council Member Perkins commended Building Official Linda Haines for her dedicated service to the City. Mayor Winningham questioned the Public Works Director regarding the potential of water well contamination to Downey's water supply and was informed the City's water system is very safe, as there is no exposed water or open areas that would allow for easy contamination of the water supply. Mayor Winningham congratulated former Assistant to the City Manager, June Yotsuya, for the recent recognition she received from Los Angeles County Supervisor Don Knabe for her 12 years of service to the City of Downey, to regional endeavors, such as the Southern California Council of Governments and LACDA, and to Los Angeles County. Mayor Winningham thanked the community for attending a National Day of Prayer on Friday, September 14, at City Hall in honor of the victims and families of the September 1 lth terrorist attacks, which he noted was well attended by City employees and members of the community. Mayor Winningham advised the Downey Fire Department participated in the "Fill the Boot" fundraiser this past Saturday and Sunday for victims of the recent terrorist attacks. Chief Sauter advised the firefighters raised $35,000, not including the additional donation from the Downey Firemen's Association. Mayor Winningham also thanked Boys Hamburgers, who ran a burger special, the proceeds of which were added to the Fire Department's funds, and ERA Realtors, who held a special barbecue, with proceeds donated to the Red Cross. He stated this tragedy has brought great unity to the community and the nation. Mayor Winningham mentioned the fireworks forum to be held on September 26th at the Barbara Jean Riley Community Center at Apollo Park at 6:30 p.m. OTHER BUSINESS - Staff Members Mr. Caton congratulated Linda Haines, who has been a wonderful addition to City staff, as a real problem solver and a tremendous help. Council Minutes 9/25/01 -10- Mayor Winningham mentioned the special prayer service at the Hindu Temple that he and other Council Members attended, where a check in the amount of $1,100 was given to the City on behalf of the disaster relief victims. He noted the check was taken to Fire Station No. 1 to add to their collections for the day. Mr. Caton mentioned calls being received related to the disaster in New York and advised City staff have been working diligently over the years to be prepared for possible disasters. He noted the community is very proud of its Police and Fire Departments because of the effort and forethought they put into planning for disasters. He also commended the Public Works and Community Services Departments, who are also prepared. 011 2 ADJOURNMENT: 9:02 p.m. The meeting was adjourned in memory of Leslie Whittington, husband Charles and two young daughters Dana and Zoe, niece and family of longtime Downey resident/concerned citizen Lennie Whittington, who perished at the Pentagon during the recent terrorist attack against our Country, to 6:30 p.m., October 9, 2001, in the Council Chamber of Downey City Hall. y f� pfd Kathleen L. Midstokke, City Clerk H : \CCLERK\SCONCEWINUTESlccmn0925 Council Minutes 9/25/01 -11- Robert C. Winningham, Mayor