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Home My WebLink AboutMinutes - 10-28-03 - Regular MeetingU 1 4 S ) 9 MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING OCTOBER 28, 2003 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:35 p.m., October 28, 2003, in the Council Chamber of the Downey City Hall, Mayor/Chairman Rick Trejo presiding. PRESENT:Council Members/Commissioners: Rick Trejo Kirk O. Cartozian Anne M. Bayer Keith McCarthy Meredith H. Perkins Mayor/Chairman Mayor Pro Tempore/Vice-Chairman 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 the City Manaager Desi Alvarez, Director of Public Works Darrell George, Director of Community & Economic Development Mark Sauter, Fire Chief APPROVAL OF CLOSED SESSION MINUTES It was moved by Council Member/Commissioner Perkins, seconded by COunGil Member/ Commissioner McCarthy, and unanimously carried to approve the Closed Session Minutes of October 14, 2003. RECESS TO CLOSED SESSION Mayor/Chairman Trejo announced the Council/Commission is recessing to Closed Session (6:36 p.m.) to discuss matters under the authority of the following sections of the Government Code: 2.SECTION 54957.6 – Conference with labor negotiator Lee Powell re: direction for labor negotiations with the Downey City Employees’ Association – Maintenance and Miscellaneous Groups and the Downey Public Safety Auxiliary Association. 3.SECTION 54956.9(b) – Conference with legal counsel – anticipated litigation (exposure to litigation) (one potential case). City Council/Community Dev. Comm. Minutes (adj .) 10/28/03 -1- ul-463 :! 4.SECTION 54956.8 – Conference with real property negotiator Desi Alvarez re: property – Lakewood Boulevard Improvement Project located at the intersections generally located along Lakewood Boulevard south of Imperial Highway to north of Firestone Boulevard; negotiating parties: Marjorie Cruise, David Gonsalves, Ronald & James Kriss, Miccosukee Land Co., Mikio & Toshiye Okura and Coca Cola Bottling Co.; under negotiation: price and terms of payment. 5.SECTION 54956.8 – Conference with real property negotiators Gerald C:aton and Darrell George re: Parcels 1 – 6 of the Downey NASA site generally bounded by Stewart & Gray Road, Imperial Highway and Lakewood Boulevard; negotiating parties: Downey Landing LLC, Industrial Realty Group, Kaiser Permanente; under negotiation: price and terms of payment. The meeting reconvened in open session at 7:35 p.m., with all members present. There were no Closed Session actions to report. The meeting recessed at 7:35 p.m. ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 8:44 p.m.; (see Oral Communications in the Regular City Council Meeting Minutes) and recessed at 8:50 p.m. The meeting reconvened at 9:07 p.m., with all members present. ADJOURNMENT: 9:08 p.m. 'A' . /IL ? \ t '--“- 1 /CL-'\1 /1 Rick Trejo, May6r/ChaNManmaL. Midstokk;, C–ity Clerk/Secretary City Council/Community Dev. Comm. Minutes (adj .) 10/28/03 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING OCTOBER 28, 2003 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. + Presentation of plaque to Marine Sergeant Major Randy Peterson Items removed from Consent Calendar Council Minutes: Adj . & Reg. Mtgs. 10/14/03 Cash Contract #621 A – accept improvements for Fire Station EOC/Training Center Warrants Issued: # 189820- 190203: Wire Nos 30000674-681; $2,854,610.14 Addl. Funding for Eadson for survey services at NASA property Reso. # 6711 accepting grant funds from EPA Reso. # 6712 modifying sick leave pay-off Ord. # 1154 rezoning properties at 12002-12012 Downey Ave. Appropriate funds for NASA land transactions Report re: regulating exterior paint colors for residences License agmt. with IRG for use of NASA site Reso. # 6710 agmt. for restaurant stormwater inspections Ord. # 1155 maintenance responsibility driveway approaches Oral Communications Council Member Comments Staff Comments Adjournment to 6:30 p.m., November 4, 2003 1 1 2 2 2 Approved Approved Approved Approved Adopted Adopted Adopted Approved Rec’d & Filed Approved Adopted Adopted 2 2 3 3 3 4 4 5 5 6 6 7 7 H 109}tO MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING OCTOBER 28, 2003 The City Council of the City of Downey held a Regular Meeting at 7:44 p.m., October 28, 2003, in the Council Chamber of the Downey City Hall, Mayor Rick Trejo presiding. PRESENT :Council Members: Rick Tmjo Kirk O. Cartozian Anne M. Bayer Keith McCarthy Meredith H. Perkins Mayor Mayor Pro Tempore ALSO PRESENT:Gerald M. Caton, City Manager Charles Vose, City Attorney Kathleen L. Midstokke, City Clerk Lee Powell, Assistant City Manger James Makshanoff, Assistant to the City Manager Desi Alvarez, Director of Public Works John Finch, Chief of Police Darrell George, Director of Community & Economic Development Bonnie Kehoe, Director of Community Services John Michicoff, Director of Finance Mark Sauter, Fire Chief Jason Mikaelian, Associate Planner Ron Yoshiki, Asst. Director of Community Dev./City Planner Susan Domen, Executive Secretary PRESENTATIONS Mayor Trejo presented to Downey resident, Marine Sergeant Major Randy Peterson, a City plaque in honor of his service to his country. Sergeant Major Peterson has served in the Marine Corps since 1968, having served in Vietnam, Operation Desert Storm and Operation Iraqi Freedom. CONSENT CALENDAR – ITEMS FOR REMOVAL 6.AGREEMENT TO PURCHASE RIGHT-OF-WAY EASEMENTS FOR LAKEWOOD BOULEVARD IMPROVEMENT PROJECT FOR PROPERTIES LOCATED AT 11801, 11812, 12520, 12460 AND 12651 LAKEWOOD BOULEVARD, was withdrawn at the request of City Manager Caton who indicated it will be brought back at a future meeting. City Council Minutes 10/28/03 -1- . 014602 7.APPROVE THE FORM AND AUTHORIZE THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF DOWNEY AND INDUSTRIAL REALTY GROUP (FOR USE OF DOWNEY NASA SITE), was removed at the request of Mayor Trejo and is listed under Other Business below. 8.A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A CHANGE ORDER ADDING RESTAURANT STORM WATER INSPECTIONS TO THE LOS ANGELES COUNTY ENVIRONMENTAL HEALTH SERVICES INSPECTION SERVICES AGREEMENT, was pulled at the request of Richard Pridham and is listed under Other Business below. 12.AN ORDINANCE AMENDING SECTION 7172 OF THE DOWNEY MUNICIPAL CODE RELATING TO THE MAINTENANCE RESPONSIBILITY FOR DRIVEWAY APPROACHES. was pulled at the request of Lennie Whittington and is listed under Other Business below. CONSENT CALENDAR It was moved by Council Member Perkins, seconded by Council Member McCarthy and unanimously carried to waive further reading of the Resolutions and approve the remainder of the Consent Calendar items as recommended: 1.COUNCIL MINUTES: ADJOURNED REGULAR MEETING OCTOBER 14, 2003: Approve. 2. 3. COUNCIL MINUTES: REGULAR MEETING, OCTOBER 14, 2003 : Approve. CASH CONTRACT # 621 A – FIRE STATION EMERGENCY OPERATIONS/ TRAINING CENTER BUILDING: ACCEPT IMPROVEMENTS AND MAINTENANCE RESPONSIBILITY AND RELEASE THE RETENTION FOR IMPROVEMENTS: Approve. 4.WARRANTS ISSUED: 189820 – 190203; WIRE NUMBERS 30000674-681 ; $2,854,610.14: Approve. 5.APPROVE ADDITIONAL FUNDING FOR EADSON & ASSOC. TO COMPLETE SURVEY SERVICES THAT ARE NEEDED FOR THE ACQUISITION, SUBDIVISION AND DEVELOPMENT OF THE NASA SITE: Approve. 9.RESOLUTION NO. 6711 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DIRECTING THE CITY MANAGER TO ACCEPT GRANT FUNDS FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY UNDER THE FEDERAL APPROPRIATIONS ACT OF 2003 (IN THE AMOUNT OF $345,845 FOR A DEMONSTRATION PROJECT ADDRESSING THE REQUIREMENTS POSED BY THE L.A. RIVER TRASH TMDL). City Council Minutes 10/28/03 014603 10.RESOLUTION NO. 6712 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY MODIFYING THE SICK-LEAVE PAY-OFF AT RETIREMENT PROGRAM PROVIDED IN THE MANAGEMENT COMPENSATION PLAN, THE MEMORANDUM OF UNDERSTANDING OF THE DOWNEY CITY EMPLOYEES ASSOCIATION/MISCELLANEOUS UNIT AND THE MEMORANDUM OF UNDERSTANDING FOR THE POLICE MANAGEMENT ASSOCIATION. 11.ORDINANCE NO. 1154 (ADOPT) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY’S COMPREHENSIVE ZONING MAP CHANGING THE ZONING OF THE PROPERTY AT 12002 DOWNEY AVENUE FROM R-1 5,000 TO R-3-0 AND TWO PROPERTIES AT 12012 DOWNEY AVENUE FROM R-3 TO R-3- 0 AND ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (ZONE CHANGE NO. 03-49). ADMINISTRATIVE REPORTS 13.APPROPRIATE FUNDS FOR THE NASA LAND TRANSACTION. A staff report was presented by Assistant City Manager Lee Powell indicating that the purchase of parcels 1 and 2 will conclude the transfer of NASA owned property from the U.S . Government to the City of Downey. The City acquired ownership of parcels 3-6 in April 1999 under special Congressional legislation. One of the constraints on this transaction was that we could not sell the properties for a 20 year period without the U.S. Government’s approval. In order to sell parcel 4 to Kaiser, an agreement had to be worked out with the U.S. Government. He explained that the release of parcel 4 will allow the City to sell the property to Kaiser. Assistant City Manager Powell indicated there are two parts to this transaction: 1) The purchase of parcels 1 and 2 for $21,500,000 and 2) The release of parcel 4 for $6,250,000. The funding to cover this appropriation will come from selling parcels 1,2 and 4 to three private developers. Parcel 1 will be sold to a retail operator. Most of parcel 2 will be sold to a movie studio company, and the balance of parcel 2 and parcel 4 will be sold to Kaiser. Council Member McCarthy commended the City staff on the successful negotiations and management of a complex process, specifically City Manager Caton, City Attorney Vose, Community and Economic Development Director George and Assistant City Manager Powell. Council Member Bayer thanked City Manager Caton and City staff for doing an excellent job. It was moved by Council Member Perkins, seconded by Mayor Pro Tempore Cartozian and unanimously carried to appropriate $27,750,000 to purchase parcels 1 and 2 of the NASA property and to release parcel 4 for re-sale to Kaiser. City Council Minutes 10/28/03 -3- ' 014604 14.REPORT ON REGULATING EXTERIOR PAINT COLORS FOR SINGLE FAMILY RESIDENCES. A staff report was presented by Asst. Director of Community & Economic Development Ron Yoshiki indicating that at a previous City Council meeting, staff was directed to research and review what other cities do, if anything, to regulate exterior paint colors of single family residences. A total of 55 cities throughout Los Angeles County were contacted and the results are compiled and analyzed in the report. The majority of cities – 40, do not regulate paint colors. The remaining 15 cities regulate colors at various degrees. Council Member McCarthy commented that this report was well written and researched. He indicated that restricting the color of homes can inhibit artistic creativity and also has a big increase on the workload of Code Enforcement. The recent case brought to his attention has been resolved with the assistance of Code Enforcement. Mayor Pro Tempore Cartozian thanked Council Member McCarthy for requesting this report and noted that Associate Planner Jason Mikaelian had done a lot of work researching and preparing the report. As the report states, many cities overwhelmingly find that the regulation of color and even design are not necessary and can usually be worked out on an individual basis. Council Member Perkins indicated that this issue was looked at several years ago when he was working on the General Plan and it was not passed at that time. He prefers to have flexibility for the homeowners . Mayor Trejo asked if there were any pending cases on this issue. Asst. Director Yoshiki indicated that there were none at this time. It was moved by Council Member McCarthy, seconded by Mayor Pro Tempore Cartozian and unanimously carried to receive and file the report. OTHER BUSINESS – Consent Calendar – Items removed by Council Approval: 7.APPROVE THE FORM AND AUTHORIZE THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF DOWNEY AND INDUSTRIAL REALTY GROUP (FOR USE OF DOWNEY NASA SITE). Mayor Trejo questioned whether the License Agreement allows IRG to have access to the property and provides for property and liability insurance coverage to the City. Community and Economic Development Director George responded that that was correct. It was moved by Mayor Trej o, seconded by Mayor Pro Tempore Cartozian and unanimously carried to approve the form and authorize the City Manager to execute a License Agreement between the City and Industrial Realty Group. City Council Minutes 10/28/03 -4- 1%014605 8.RESTAURANT STORMWATER INSPECTIONS AGREEMENT. Mr. Pridham questioned the need for this additional service. Public Works Director Alvarez responded that the stormwater permit issued to the City specifically requires that restaurants be inspected. Given the number of restaurants and the fact that the County Health Department already contracts with the City to inspect restaurants, it would be beneficial to add this as an additional inspection activity. City Manager Caton noted that most other cities will also be using the L. A. County Health Department for these services. RESOLUTION NO. 6710 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE CITY MANAGER TO ISSUE A CHANGE ORDER ADDING RESTAURANT STORM WATER INSPECTIONS TO THE LOS ANGELES COUNTY ENVIRONMENTAL HEALTH SERVICES INSPECTION SERVICES AGREEMENT . The title was read by City Clerk Midstokke. It was moved by Council Member McCarthy, seconded by Mayor Pro Tempore Cartozian and unanimously carried to waive further reading and adopt. 12.DOWNEY MUNICIPAL CODE AMENDMENT RE: MAINTENANCE RESPONSIBILITY FOR DRIVEWAY APPROACHES. Mr. Whittington questioned the need for this Ordinance and stated the City should at least perform maintenance on them before turning the responsibility over to the homeowners. Council Member McCarthy noted that this new regulation is consistent with the homeowners already having the maintenance responsibility for the parkways between the sidewalk and the curbs. Mayor Pro Tempore Cartozian noted that the Ordinance will reduce liability risk for the City. Council Member Perkins further noted that the replacement approaches will now be required to be constructed with Portland cement and asphalt will no longer be allowed under this Ordinance. ORDINANCE NO. 1155 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 7172 OF THE DOWNEY MUNICIPAL CODE RELATING TO THE MAINTENANCE RESPONSIBILITY FOR DRIVEWAY APPROACHES. City Clerk Midstokke read the title of the Ordinance. It was moved by Council Member McCarthy, seconded by Mayor Pro Tempore Cartozian and unanimously carried to adopt. City Council Minutes 10/28/03 -5- 01460€; ORAL COMMUNICATIONS Lennie Whittington, resident of Downey, spoke representing the businesses on the south side of Firestone Boulevard from Downey Avenue to past La Reina indicating they are very unhappy regarding the new Downey Depot not helping their businesses and fights among the students using the busses. Robert Freeman, resident of Long Beach, member of Downey Rotary and Director of Community Relations & Outreach for Children’s Network International, a nonprofit humanitarian relief organization which operates a food bank in the City of Bell, distributed information about the organization to the City Council. OTHER BUSINESS - Council Members Comments Council Member Bayer recognized in the audience Fay Campbell, appointee to the Water Facilities Corp. for District 4 and Lee Ann Sears, appointee to the Emergency Preparedness Committee for District 4, and thanked her mother for attending tonight; recently attended the Landscape Workshop which included presentations by four experts and thanked the Public Works Department for organizing the workshop; noted that persons are wearing their Red Ribbons tonight supplied by Community Resources Director Bonnie Kehoe to symbolize a Drug Free America; noted the new lights at the entrance to City Hall on Third Street and commended the Public Works Department for this project. Council Member Perkins congratulated Mayor Trejo for the completion of the Kaiser/NASA projects under his term as Mayor, noting that both the Mayor’s father and brother had worked at NASA; referenced the numerous wild fires currently burning throughout California and that it effects us all, noting that 3 City strike teams have been sent under mutual aid, and that SEAACA has sent workers and equipment to the San Diego fire areas to assist with animal evacuations. Council Member McCarthy noted that next Tuesday will be elections for Downey Unified School District and Cerritos Community College District and urged everyone to vote; said residents in the area of(_'lark and Angell thanked Code Enforcement and Public Works for their assistance in getting Cal Trans to cleanup their lot; received a letter from a woman who had been assaulted thanking Police Officers Jose Bustos, William Kautz, Javier Sanchez, and Sgt. Alex Idzabal, and Fire Paramedics Peter Brown and Dan Hurlock, Captain Robert Hohn, Engineer Michael Whitney and Firefighter Kerry Nony for their assistance; and referenced the new City logo and lighting at the end of Third Street as you approach the Civic Center as being a nice, friendly entrance to the City. Mayor Pro Tempore Cartozian commented on the references to student fighting near the Downey Depot and that it was not fair to characterize them as gang fights; indicated that from his past experience a lot of the business owners (tenants) along Firestone Boulevard seem to be disconnected with the property owners and this makes it very difficult for the City to work with them and gain a consensus to make improvements; received a letter from the owner of the Gourmet Caf6 thanking the City for their services; recognized that the Economic Development and Planning Departments deals very well with a high volume of new files to process as a result of increased development; referred to the Downey/Warren Football game occurring last Saturday; recognized in the audience as coming to almost every meeting, Henry Veneracion of the Downey Patriot and citizen Chuck Anna. City Council Minutes 10/28/03 -6- 014607 Mayor Trejo indicated it was an honor to speak regarding Red Ribbon Week at Maude Price and Gallatin Schools; thanked the Police Department for handling a recent incident at one of the schools; thanked Community Services Director Kehoe for going to Washington D.C. with him recently regarding the various NASA projects and metting with NASA representatives, Senators Feinstein & Boxer; Congresswoman Lucille Roybal-Allard and representatives from the Smithsonian Institute; urged everyone to get their flu vaccine as the flu season approaches; reminded those with respiratory problems to be careful during the wild fires. OTHER BUSINESS - Staff Comments City Manger Caton mentioned that our Fire Department is doing a great job providing mutual aid for the numerous California wild fires having sent 3 engine companies and a Battalion Chief while still keeping the City of Downey well protected; noted an Edison power outage and blackout that occurred today resulting in numerous traffic signals at Downey Avenue, Imperial Highway, Lakewood Boulevard, and Gardendale not functioning and commended the Police and Public Works Departments for their excellent emergency responses; announced that staff consisting of himself, the City Attorney, Economic Development Director and Assistant City Manager will be making a major effort the rest of this week to complete the Purchase and Sales Agreement for the movie studio at the former NASA site and he requested that the City Council adjourn this meeting to one evening next week so that the Agreement can be brought to Council for their consideration. ADJOURNMENT: 9:08 p.m. The meeting adjourned to 6:30 p.m., Tuesday, November 4, 2003 in the Council Chamber of Downey City Hall. een L. Midstokke, City Clerk +/ aPan mkTrejo,layor City Council Minutes 10/28/03 -7-