HomeMy WebLinkAboutMinutes - 07-08-03 - Regular Meetingi :I, J t i ..E
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MINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
JULY 8, 2003
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:33 p.m., July 8, 2003, in the Council Chamber of the Downey City
Hall, Mayor/Chairman Rick Trejo presiding.
PRESENT:Council Members/Commissioners:
Rick Trejo
Kirk o. Cartozian
Mayor/Chairman
Mayor Pro Tempore/Vice-Chairman
absent – (excused)
Anne M. Bayer
Keith McCarthy
Meredith H. Perkins
ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director
Charles Vose, City Attorney
Kathleen L. Midstokke, City Clerk/Secretary
Lee Powell, Assistant City Manager
James Makshanoff, Assistant to City Manager
Desi Alvarez, Director of Public Works
Bonnie Kehoe, Director of Community Services
APPROVAL OF CLOSED SESSION MINUTES
It was moved by Council Member/Commissioner Perkins, seconded by Council Member/
Commissioner Bayer, and unanimously carried (4/0) to approve the Closed Session Minutes of
June 24, 2003.
RECESS TO CLOSED SESSION
Mayor/Chairman Trejo announced the Council/Commission is recessing to Closed Session
(6 :34 p.m.) to discuss matters under the authority of the following sections of the Government Code:
2.SECTION 54956.9(a) – Conference with legal counsel – existing litigation Arcadia, et
al. vs. United States Environmental Protection Agency, et al., Federal District Court,
Case #C-02-5244-SBA.
3.SECTION 54956.9(c) – Conference with legal counsel – anticipated litigation
(initiation of litigation) (two potential cases).
City Council/Community Dev. Comm. Minutes (adj .) 07/08/03 -1-
01452 ii
The meeting reconvened in open session at 7:28 p.m., noting the absence of Mayor Pro
Tempore Cartozian.
In regards to Item # 2, Arcadia, et al. vs. United States Environmental Protection Agency, et
d., a Federal District Court case, the City Attorney announced that a motion was made by Council
Member McCarthy, seconded by Council Member Perkins, and unanimously carried (4/0) to approve
the City joining in an appeal with other cities and authorizing an expenditure of not to exceed $2,500.
The meeting recessed at 7:29 p.m.
ORAL COMMUNICATIONS
The meeting reconvened for Oral Communications at 8:08 p.m., noting the absence of Mayor
Pro Tempore Cartozian/Vice-Chairman Cartozian (see Oral Communications in the Regular City
Council Meeting Minutes) and adjourned at 8:37 p.m.
ADJOURNMENT: 8:37 p.m.
@/@/AIR %MaM
Kathleen L. Midstokke, City Clerk/Secretary Rick li;jMTayq
City Council/Community Dev. Comm. Minutes (adj .) 07/08/03 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JULY 8, 2003
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
l Presented Certificate of Appreciation to Mary Lou Trevis as
Assemblywoman Fabian Nunez’s selection as Woman of the Year
in the 46th Assembly District
Presented Certificate of Appointment to Janet Molinaro to
Emergency Preparedness Committee, District 3
Downey Assn. ofRealtors presented $2,000 donation to City
for replenishment of Emergency Preparedness supply bins
Council Minutes: Adj . & Reg. Mtgs. 06/24/03 Approved 2
Cash Contract # S.S. 505 – Gardendale St. Pavement
Rehab. Contract to Palp, dba Excel Paving for $139,924 Approved 2
Warrants Issued: # 186972-187295; Wire Nos
30000609-616; $1,986, 126.65 Approved
Set Hearing
ql 122163
3
Zone Change 03-31 for 12508, 12524 Clark Avenue, &
9111 thru 9151 Imperial Hwy.3
Selection of General Liability Ins. Policy deductible
amount of $2,000,000.Approved 3
License Agmt. with Mark Shelton for Rio Hondo Golf
Course Food & Beverage during construction Approved 3
Purchase right-of-way at 9002 Firestone Blvd. (Carl’s Jr.)
for $83,986.45 for Lakewood Blvd. Improvement Project Approved 3
L. A. County Executive Advisory Committee consultant
retention agreement with L. A. County Dept. of Public Works Approved
Approved
3
3Agreement with Chamber of Commerce for §29,500.
Res. # 6683 modifying the Fee Schedule in regards to
permit investigation fees Adopted 3
PAGE 1 OF 2
COUNCIL MINUTES, JULY 8, 2003
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT
Res. # 6684 Application for EPA Grant
Res. # 6685 Urging the CA Legislature to use a
balanced budget approach in adopting State budget
Ord. # 1149 Amending Zoning Map for 8300 Telegraph Rd.
Agreement with L. A. County re: extension of time to file
CEQA challenge to Public Health Lab at Rancho Los Amigos
Agreements re: Space Shuttle Mock-up relocation and
storage at former NASA site
Council Member Comments
Oral Communications
Meeting adjourned to 6:30 p.m., July 22, 2003
ACTION
Adopted
PAGE NO.
3
Adopted
Adopted
3
3
4
5
5
6
7
Approved
Approved
PAGE 2 OF 2
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MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JULY 8, 2003
The City Council of the City of Downey held a Regular Meeting at 7:35 p.m., July 8) 20039 in
the Council Chamber of the Downey City Hall, Mayor Rick Trejo presiding.
PRESENT:Council Members:
Rick Trejo
Kirk O. Cartozian
Anne M. Bayer
Keith McCarthy
Meredith H. Perkins
Mayor
Mayor Pro Tempore – absent (excused)
ALSO PRESENT:Gerald M. Caton, City Manager
Charles S. Vose, City Attorney
Kathleen L. Midstokke, City Clerk
Lee Powell, Assistant City Manger
James Makshanoff, Assistant to City Manager
Desi Alvarez, Director of Public Works
Loren Behr, Exec. Dir. NASA Museum
John Finch, Chief of Police
Darrell George, Director of Community/Economic Development
Bonnie Kehoe, Director of Community Services
John Michicoff, Finance Director
Mark Sauter, Fire Chief
Ron Yoshiki, Asst. Director of Community Dev./City Planner
Susan Domen, Executive Secretary
.
PRESENTATIONS
Mayor Trejo presented a Certificate of Appreciation to Mary Lou Trevis as Assemblywoman
Fabian Nunez’s selection as the Woman of the Year in the 46th Assembly District.
Mayor Trejo presented to Janet Molinaro, a Certificate of Appointment to the Emergency
Preparedness Committee for District 3.
Maria Larkin and Francis Gomez, representing the Downey Association of Realtors,
presented a $2,000 donation to the City to replenish the Emergency Preparedness supply bins.
CONSENT CALENDAR
It was moved by Council Member McCarthy, seconded by Council Member Perkins, and
unanimously carried (4/0) to waive further reading of the Resolutions and approve the remainder
of the Consent Calendar items as recommended:
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1.COUNCIL MINUTES: ADJOURNED REGULAR MEETING JUNE 24, 2003 :
Approve.
2.
3.
COUNCIL MINUTES: REGULAR NIEETING, JUNE 24, 2003: Approve.
CASH CONTRACT # S.S. 505 – GARDENDALE STREET PAVEMENT
REHABILITATION, WEST CITY LIMITS TO UNION PACIFIC RAILROAD:
AWARD A UNIT PRICE CONTRACT TOTALING $139,924. TO PALP, INC. dba
EXCEL PAVING FOR PAVEMENT REHABILITATION AND RESURFACING.
4.WARRANTS ISSUED: 186972 – 187295; WIRE NUMBERS 30000609-616;
$1,986,126.65: Approve.
5.SET THE PUBLIC HEARING FOR ZONE CHANGE NO. 03-31 FOR PROPERTIES
AT 12508, 12524 CLARK AVENUE AND 9111 THRU 9151 IMPERIAL HIGHWAY
FOR JULY 22, 2003 (APPLICANTS/PROPERTY OWNERS: PHIL PRESICCI;
ANDREW J. MAZAKAS: STEVEN L. AND SCOTT B. DICKSON; ANAHEIM
EXTRUSION CO., INC. AND PIZZA HUT OF SAN DIEGO) FROM GENERAT,
MANUFACTURING AND PARKING BUFFER TO COMMERCIAL
MANUFACTURING: Approve.
6.SELECTION OF A GENERAL LIABILITY INSURANCE POLICY DEDUCTIBLE
AMOUNT OF $2,000,000: Approve.
7.APPROVAL OF LICENSE AGREEMENT WITH MARK SHELTON, dba PLAZA
GUADALAJARA. FOR FOOD AND BEVERAGE SERVICES DURING CLUBHOUSE
CONSTRUCTION AT RIO HONDO GOLF COURSE: Approve.
8.AGREEMENT TO PURCHASE RIGHT-OF-WAY EASEMENT FOR PROPERTY
LOCATED AT 9002 FIRESTONE BLVD. (CARL’S JR. RESTAURANT) AS PART OF
LAKEWOOD BLVD. IMPROVEMENT PROJECT FOR $83,986.45: Approve.
9.LOS ANGELES COUNTY EXECUTIVE ADVISORY COMMITTEE (EAC)
CONSULTANT RETENTION AGREEMENT WITH LOS ANGELES COUNTY
DEPARTMENT OF PUBLIC WORKS AND AUTHORIZE PAYMENT OF $7,500:
Approve
10.AGREEMENT WITH DOWNEY CHAMBER OF COMMERCE FOR 2003-2004
FISCAL YEAR, FOR $29,500 TO PROMOTE THE WELFARE AND GROWTH OF
THE CITY: Approve.
11.RESOLUTION NO. 6683 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
MODIFYING THE FEE SCHEDULE PREVIOUSLY ADOPTED BY RESOLUTION
NO. 6675, 1N REGARDS TO PERMIT INVESTIGATION FEES.
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12.RESOLUTION NO. 6684 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE SUBMITTAL OF AN APPLICATION FOR GRANT FUNDING
FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA)
UNDER THE APPROPRIATIONS ACT OF 2003.
13.RESOLUTION NO. 6685 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY URGING
THE CALIFORNIA LEGISLATURE TO USE A BALANCED APPROACH IN
ADOPTING THE STATE BUDGET.
14.ORDINANCE NO. 1149 (ADOPT)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE CITY’S COMPREHENSIVE ZONING MAP CHANGING THE
ZONING FROM C2 (GENERAL COMMERCIAL) AND PB (PARKING BUFFER) TO
R3-0 (MULTIPLE-FAMILY RESIDENTIAL-OWNERSHIP) FOR PROPERTY AT
8300 TELEGRAPH ROAD.
ADMINISTRATIVE REPORTS
15.COUNTY OF LOS ANGELES PROPOSED PUBLIC HEALTH LABORATORY
LOCATED SOUTH OF RANCHO LOS AMIGOS HOSPITAL ON IMPERIAL
HIGHWAY: APPROVAL OF AGREEMENT WITH LOS ANGELES COUNTY TO
EXTEND LIMITATION PERIOD TO CHALLENGE DETERMINATION OF
PRJOECT EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) REVIEW.
A staff report was presented by Assistant City Manager Lee Powell who explained that staff
has been meeting with County officials regarding the proposed public health laboratory to be located
in Downey. As a result, the City Attorney has drafted a special agreement between the City and the
County of Los Angeles which extends the deadline for the City to challenge the environmental
process related to the County health lab. The Board of Supervisors has approved this extension.
City Attorney Charles Vose suggested that the approval should include giving authority to
the City Manager and City Attorney to make such modifications as may be necessary that are
non-substantive in nature.
Sydney Harvey, Los Angeles County Public Health Laboratory Director, introduced herself to
the City Council and indicated she is available for any questions.
Council Member Perkins confirmed that there will be a public meeting on this issue on July
29, 2003 at the Barbara Riley Community Center.
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Jan Takata, Los Angeles County Chief Administrative Office, Manager of Capital Projects
Division. In responding to Mayor Trejo’s question, Mr. Takata indicated that those County
representatives present at the July 29 meeting will include County Counsel, and officials from the
Public Health Division and Chief Administrative Office.
In response to a question from Council Member McCarthy, Director Harvey indicated that
they do no animal experiments, although a few mice are kept for testing botulism food poisoning.
She further indicated that all bio waste is autoclaved and disposed, with all waste being picked up by
a certified biohazard hauler. She explained that an autoclave is an instrument used to kill all micro
organisms, similar to a pressure cooker.
Director Harvey indicated that the funding stream is from the Federal Government through the
Center for Disease Control in Atlanta.
Responding to Mayor Trejo, Director Harvey indicated that they do receive samples from
counties other than Los Angeles due to being an esoteric laboratory capable of doing certain kinds of
testing not available in other counties.
In response to Council Member Perkins, Director Harvey confirmed they will be refurbishing
an old building, known as the T Building, and that it will be earthquake retrofitted.
Lennie Whittington, resident of Downey, questioned whether any hazardous materials will be
extended into the air, will they be experimenting with botulism, and will the employees be County
employees.
Director Harvey responded that the employees are County of Los Angeles employees, they do
limited botulism testing and nothing is released into the environment. Manager Takata added that the
design of the renovation will make the building self-contained which will ensure that nothing escapes
into the local environment.
It was moved by Council Member Perkins, seconded by Council Member Bayer, and
unanimously carried (4/0) to approve the agreement with Los Angeles County to extend the
limitation period to challenge determination of project exemption from CEQA, with the
amendment giving authority to the City Manager and City Attorney to make such
modifications as may be necessary that are non-substantive in nature.
16.APPROVAL OF AGREEMENTS REGARDING SPACE SHUTTLE MOCK-UP AT
FORMER NASA PROPERTY:
A.
B.
APPROVAL OF AGREEMENT WITH INDUSTRIAL REALTY GROUP FOR
MOVING AND TEMPORARY STORAGE OF THE SHUTTLE MOCK-UP; and
APPROVAL OF AGREEMENT WITH GRISWOLD CONSERVATION
ASSOCIATES FOR CONSERVATOR SERVICES FOR THE SHUTTLE
MOCK-UP.
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A staff report was presented by Loren Behr, Executive Director of the Columbia Memorial
Space Science Learning Center indicating that the City of Downey has both the responsibility and the
honor of owning the Space Shuttle Mock-up, a unique artifact of the United States space program. In
the last few weeks the developer of the film studio, Industrial Realty Group (iRO), asked if it would
be possible to relocate the shuttle.
The Ist agreement presented is with IRG and it outlines the conditions and responsibilities
under which the shuttle will be moved. IRG will be required to hire a relocation firm subject to the
approval of the City, who would create a plan for moving the shuttle that involves disassembly and
would be under the supervision of the professional conservator.
The 2nd agreement is with Griswold Conservation Associates to provide the expertise,
supervision and oversight of moving the shuttle, maintaining its integrity over a period of time and
also monitoring the relocation, reassembly and renovation at the new learning center.
Council Member McCarthy inquired regarding the potential length of time estimated for the
storage. Director Behr responded that it is estimated to be 2-3 years, although there is no schedule yet
for the building of the new museum. There is no time limitation in the document and the agreement
only ends when the shuttle is located at the new permanent site.
Council Member McCarthy requested that once the shuttle is taken apart, that records be kept
at City Hall on how to reassemble it since several years may be involved in the process. He also
acknowledged that former Congressman Steve Horn was instrumental in the City obtaining
ownership of the shuttle mock-up and his efforts are appreciated.
Lennie Whittington, resident of Downey, questioned how much will this cost the taxpayers
and City Manager Caton responded that there is a $4 Million Federal Grant for the development of
the learning center and that a private sector party (the movie studio developer) will be paying $43 ,000
up front for the shuttle maintenance.
It was moved by Council Member Perkins, seconded by Council Member Bayer and
unanimously calried (4/0) to authorize the Mayor to execute an Agreement with Industrial
Realty Group ORG) for the moving and temporary storage of the Space Shuttle Mock-up;
authorize the Mayor to execute an Agreement with Griswold Conservation Associates, in an
amount not to exceed $43,5000 for consulting services in regard to the conservation and
restoration of the mock-up; with the amendment that the City Manager and the City Attorney
have the ability to make such final modifications to the agreements as necessary as long as they
are not substantive in nature.
OTHER BUSINESS - Council Members Comments
Council Member McCarthy mentioned correspondence he had received from the Principal at
Columbus High School thanking Police Officers Justine Prentice, Peter Chamberlin, Bill Kautz, Tony
Bauer, and Paul Koppes for their efforts on campus; and the Vice-Principal at Griffiths Middle
School sent a note indicating their appreciation of Keith Biarnesen, Garth Boggs, Ralph Bnmer, Jeff
Calhoun, Tristine Devine, Mark Galindo, Kevin Hancock, Herb McCullah, Mike Pope, Wayne
Raymond, Javier Sanchez, Mark Waldman and Jonathan Yepes.
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Council Member Perkins complemented Mayor Trejo on the shortness of the meeting tonight;
announced that he will be speaking tomorrow at noon at the Chamber of Commerce and also will be
attending the Independent Cities seminar this weekend.
Council Member Bayer said hello to Fay Campbell, District 4 appointee to the Water
Facilities (-’orp., who was present in the audience; and also acknowledged the presence of Robert
Winningham, former Council Member from District 4
Mayor Trejo expressed that the Keep Downey Beautifbl Committee and City efforts to clean
up the local parks on July 5th was a tremendous success and it is planned that this program be
continued after certain holidays.
Mayor Trejo indicated that he had received a nice letter from NASA, indicating their
appreciation for the Columbia Crew Memorial services and requesting that we keep in touch
regarding the Space Learning Center and museum component at the former NASA site.
ORAL COMMUNICATIONS
(unintelligible name) spoke regarding the recent victory and qualification of the 14 and under
Downey All-Stars Amateur Softball Association Team into the National Tournament to be held on
July 29 through August 3, 2003 in Springfield, Missouri.
Cecilia Uribe, Manager of 14 and under Downey All-Stars, indicated that there is a fund-
raising effort going on for the next 2 weeks to cover expenses for the team to travel to Springfield on
July 29. She requested financial support from the City for airfare and room and board. A letter will
be submitted to the City regarding this request.
Richard Pridham, resident of Downey, submitted a list and picture to the City Council
regarding observations of ongoing problems. He spoke regarding the list of 15 items.
Lennie Whittington, resident of Downey, thanked the Police and Fire for their services on the
4th of July; questioned why the new light at Patton Road near the hospital employee parking lot was
not working yet; reported 7-8 serious accidents due to the new green arrow/yield for turns at
Brookshire and Firestone; and complained that the School District has opened gate on Patton Road
which has increased traffic.
Maria Riza, resident of Downey, works in downtown Los Angeles and complained regarding
the recent changes in the MTA 460 Bus route resulting in Downey being cut-off from a direct route to
downtown. She requested that the issue be addressed and Mayor Trejo indicated that he will meeting
with her
Philip Capo, thanked the Mayor for his support on the issue of the recent changes in the MTA
460 Bus route and requested the City take certain actions to restore the old route to Florence Avenue,
restore night service to Florence Avenue until 12:45 a.m., restore early morning service on Saturday
and Sunday, and improve the frequency of the 111 to every 20 minutes 7 days a week.
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Elena SedaNs, resident of Downey, indicated she is having a problem with her neighborhood
and a neighbor and requested the City’s help.
ADJOURNMENT: 8:37 p.m.
The meeting was adjourned to 6:30 p.m., July 22, 2003, in the Council Chamber of Downey
City Hall.
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