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HomeMy WebLinkAboutMinutes - 11-12-03 - Regular Meeting01461: MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING NOVEMBER 12, 2003 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:32 p.m., November 12, 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 Joyce E. Doyle, Chief Deputy City Clerk/Acting Secretary Lee Powell, Assistant City Manager James Makshanoff, Assistant to the City Manager 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 October 28, 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 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). 4.SECTION 54956.8 – Conference with real property negotiator Bonnie Kehoe re: property located at 9073 Gardendale Street; negotiating parties: Downey Cemetery District; under negotiations: price and terms of payment. City Council/Community Dev. Comm. Minutes (adj .) 11/12/03 -1- • 014613 The meeting reconvened in open session at 7:25 p.m., noting the absence of Mayor Pro Tempore/Vice-Chairman Cartozian. There were no Closed Session actions to report. The meeting recessed at 7:31 p.m. ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 8:30 p.m., noting the absence of Mayor Pro Tempore/Vice-Chairman Cartozian (see Oral Communications in the Regular City Council Meeting Minutes) and recessed at 8:35 p.m. The meeting reconvened at 8:39 p.m., noting the absence of Mayor Pro Tempore/Vice- Chairman Cartozian. ADJOURNMENT: 8:40 p.m. Joyce El Ie, Chief Deputye Rick Trejo,Lairman City Council/Community Dev. Comm. Minutes (adj .) 11/12/03 } '?an On==H MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING NOVEMBER 12, 2003 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Presentations Items removed from Consent Calendar Council Minutes: Adj . & Reg. Mtgs. 10/28/03; 11/04/03 Cash Contract # 639 – Hall Road Water Improvements Warrants Issued: # 190204-190528; Wire Nos 30000691-698; $2,227,444.21 Agmt. with Ward North America for liability claims admin. Appropriate $7,602 from Adult Literacy grant funds Agmts. purchasing right-of-way easements on Lakewood Blvd. Appoint Bill Stein & Matthew Knox to SELACO WIB Reso. # 6714 application for oil recycling & hazardous waste Reso. # 6715 application grant funds 2003 Fire Prevention Agmt. with Global Learning for evaluation services ASPIRE Agmt. with Caltrans for $27,042 for 1- 105 Groundwater Study AR No. 316 re: special event & circumstances liability Ord. # 1156 Lease with IRG for movie studio facility Oral Communications Council Member Comments Adjournment to 6:30 p.m., November 25, 2003 1 2 2 2 Approved Approved Approved Approved Approved Approved Approved Adopted Adopted Approved Approved Continued Continued 2 3 3 3 3 3 3 4 5 5 5 6 6 7 014614 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING NOVEMBER 12, 2003 The City Council of the City of Downey held a Regular Meeting at 7:31 p.m., November 12, 2003, 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 Joyce E. Doyle, Chief Deputy City Clerk Lee Powell, Assistant City Manager 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 Thad Phillips, City Librarian Angie Avery, Recreation Manager Ron Yoshiki, Asst. Director of Community Dev./City Planner Monica Ortiz, Aspire Coordinator Kevin Ellis, Recreation Coordinator Susan Domen, Executive Secretary PRESENTATIONS Mayor Trejo presented the Mayor’s Athletic Excellence Award to Calvary Chapel School athlete Noel Miller. Mayor Trejo presented the Mayor’s Athletic Excellence Award to Downey YMCA Jr. Lakers, Boys 13-14 year old Basketball Team: Coach Kevin Copeland, Co-Coach Jaime Garcia, Co-Coach Orlando Cernas, Daniel Aguilar, Malik Breland, Jonathan Cernas, Kameron Copeland, Nicholas Copeland, Jonathan Garcia, Hernan IWaldonado, Rene Para, Danny Thomas, Nelson Torres, Jacob Vandenberge. Mayor Trejo presented a City plaque in recognition of her services to the City to Lisa Fox, Downey Maintenance Worker II on the graffiti removal crew. City Council Minutes 11/12/03 -1- . 01'461 :5 Mayor Trejo presented to Bettie Skelton, a City plaque in recognition of her years of service on the Library Advisory Board, for District 5. The presentation of the City plaque to Ron Crossley, Executive Director of the Southeast Los Angeles County Workforce Investment Board (SELACO) was cancelled as he was unable to attend this evening and he requested that the plaque be mailed. Fire Chief Sauter gave a Power Point presentation regarding the recent Firestorms in the Southern California area. The City sent three (3) strike force teams out to assist in the fires while maintaining staff to protect the City from any fires. All Fire Department personnel and equipment came back unharmed. CONSENT CALENDAR – ITEMS FOR REMOVAL 6.AMENDMENT TO THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF DOWNEY AND THE STATE OF CALIFORNIA INCREASING CALTRANS’ FUNDING OBLIGATION REQUIRED TO COMPLETE THE 1-105 BENEFICIAL REUSE OF GROUNDWATER PROJECT ($27,042): was removed at the request of Council member McCarthy and is listed under Other Business below. 10.REVISIONS TO ADMINISTRATIVE REGULATION NO. 316 REGARDING SPECIAL EVENT AND CIRCUMSTANCES LIABILITY: was removed at the request of Council Member McCarthy and is listed under Other Business below. 14.ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A GROUND LEASE BETWEEN THE CITY AND INDUSTRIAL REALTY GROUP, LLC (FOR 55 YEARS FOR DEVELOPMENT OF A MOVIE STUDIO FACILITY AT THE FORMER NASA SITE): was removed at the request of Council Member McCarthy and is listed under Other Business below. CONSENT CALENDAR It was moved by Council Member Perkins, seconded by Council Member McCarthy and unanimously carried (4/0) 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 28. 2003 : Approve. 2. 3. COUNCIL MINUTES: REGULAR MEETING, OCTOBER 28, 2003 : Approve. COUNCIL MINUTES: ADJOURNED REGULAR MEETING NOVEMBER 4. 2003: Approve. City Council Minutes 11/12/03 -2- 014816 4.CASH CONTRACT # 639 – HALL ROAD WATER IMPROVEMENTS: ACCEPT WORK: Approve. 5.WARRANTS ISSUED: 190204 – 190508; WIRE NUMBERS 30000691-698; $2,227,444.21: Approve. 7.AGREEMENT WITH WARD NORTH AMERICA TO PROVIDE LIABILITY CLAIM ADMINISTRATION SERVICES: Approve. 8.APPROPRIATE $7,602 OF ADDITIONAL ADULT LITERACY GRANT FUNDS FROM THE CALIFORNIA LIBRARY LITERACY SERVICES: Approve. 9.AGREEMENTS TO PURCHASE RIGHT-OF-WAY EASEMENTS FOR IMPROVEMENT OF LAKEWOOD BOULEVARD: Approve. ae HERMAN & BERTHA MALDONADO, TO OBTAIN A PERMANENT ROADWAY EASEMENT FROM THE PROPERTY AT 11818 LAKEWOOD BOULEVARD, FOR AN AMOUNT NOT TO EXCEED $17,175; b.GOETHE & DIANE HSU, TO OBTAIN A PERMANENT ROADWAY EASEMENT FROM THE PROPERTY AT 12651 LAKEWOOD BOULEVARD, FOR AN AMOUNT NOT TO EXCEED $20,000; C+GEORGE & GLORIA BERNAL, TO OBTAIN A PERMANENT ROADWAY EASEMENT FROM THE PROPERTY AT 12103 LAKEWOOD BOULEVARD, FOR AN AMOUNT NOT TO EXCEED $16,000. 11.APPOINTMENTS OF BILL STEIN (DOWNEY REGIONAL MEDICAL CENTER) AND MATTHEW KNOX (STORM FORCE MARKETING) TO SERVE AS DOWNEY’S PRIVATE SECTOR REPRESENTATIVES TO THE SOUTHEAST LOS ANGELES COUNTY WORKFORCE INVESTMENT BOARD (SELACO WIB): Approve 12.RESOLUTION NO. 6714 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE SUBMITTAL OF APPLICATIONS TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR ALL AVAILABLE GRANTS UNDER THE CALIFORNIA OIL RECYCLING ENHANCEMENT ACT AND ALL AVAILABLE HOUSEHOLD HAZARDOUS WASTE GRANTS FOR A PERIOD OF SIX YEARS. 13.RESOLUTION NO. 6715 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE 2003 FIRE PREVENTION AND SAFETY GRANT PROGRAM. City Council Minutes 11/12/03 -3- 014817 ADMINISTRATIVE REPORTS 15.AGREEMENT WITH GLOBAL LEARNING, INC. FOR EVALUATION SERVICES FOR THE AFTER SCHOOL PROGRAM FOR INFORMATION, RECREATION AND EDUCATION (ASPIRE) PROGRAM. Angie Avery, Recreation Division Manager, gave a power point presentation overview of the ASPIRE program, explaining the program is funded in three year cycles and we were awarded a second three year cycle. She then pointed out that the program is currently run in three of the schools in Downey and highlighted some of the programming that they use. Council Member McCarthy requested clarification on what phase of funding we are in; he was informed we are in the first year of the second cycle. Council Member McCarthy suggested recording testimonials on video to enhance the written ones and complimented Recreation Division Manager, Avery on a great presentation. Council Member Bayer questioned as to how many students are in Downey Unified School District and the response was approximately 17,000. She then asked if there is any other way the Council could support and expand this program. Recreation Division Manager Avery responded that they are currently sponsoring a similar program called GRASP at another school which is funded through Community Development Block Grant funds, but any support in helping to expand the program would be welcomed. Council Member Bayer thanked Director of Community Services Kehoe for providing booklets on the ASPIRE program. Mayor Trejo asked what the range for the G. P. A. increase was and whether or not it was significant. Recreation Division Manager Avery stated she would get that information to him. He then thanked her for the presentation. Bonnie Kehoe, Director of Community Services, then continued with the report and explained that part of the grant requirement is to have an evaluator responsible for planning and managing the evaluation of the after school program, including completion of the state evaluation reports. Global Learning, Inc. is recommended as the evaluator based upon their experience with similar grant funded after school programs and their knowledge of the State of California evaluation requirements. Compensation is to be paid upon them reaching significant milestones in the evaluation process during the year, not to exceed $9,800. Council Member McCarthy questioned if the program has been reviewed in the past; Director Kehoe responded yes as it is a requirement by the State for it to be reviewed annually. He then inquired if this was the same group that did so in the past. Director Kehoe stated that the individual that was used in the past is no longer available. It was moved by Council Member McCarthy, seconded by Council Member Perkins and unanimously carried (4/0) to approve an agreement with Global Learning, Inc. as the Consultant for the evaluation for the After School Program for Information, Recreation and Education (ASPIRE). City Council Minutes 11/12/03 -4- 014618 Prior to the vote Council Member McCarthy commented on the great need for the program and mentioned he would like to see a few case studies tracked as to how students progress through the grades, so to have a long term overview of the program. OTHER BUSINESS – Consent Calendar – Items removed by Council Approval: 6.AMENDMENT TO THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF DOWNEY AND THE STATE OF CALIFORNIA INCREASING CALTRANS’ FUNDING OBLIGATION REQUIRED TO COMPLETE THE 1-105 BENEFICIAL REUSE OF GROUNDWATER PROJECT ($27,042): Council Member McCarthy commented on an article he read in the newspaper about the water and asked Desi Alvarez, Director of Public Works to clarify that. Mr. Alvarez stated that the cost more than doubled on this project and would not be feasible at this time. It was moved by Council Member McCarthy, seconded Council Member Perkins and unanimously carried (4/0) to approve amendment to the Cooperative Agreement. 10.REVISIONS TO ADMINISTRATIVE REGULATION NO. 316 REGARDING SPECIAL EVENT AND CIRCUMSTANCES LIABILITY: Council Member McCarthy inquired as to whether or not organizations using City facilities is the coverage being increased and does this increase their cost? Finance Director Michicoff stated that many groups have a policy that covers up to $5 million level and therefore, the City is just requesting to be added to the policy up to a $2 million level. He does not have figures on what the increase in cost would be to organizations, as it would be based on the type of event. Council Member McCarthy then inquired if it could be further surveyed as to what these types of cost increases would be. Finance Director Michicoff stated he could do so but there are several factors that would effect the outcome; however he will come up with costs for different types of events. Council Member McCarthy then asked how often this occurs during the year. Director of Community Services, Kehoe stated that with moon bounces they get two to three a week. Council Member McCarthy then asked if there were any time limit on this item, as he would like to continue this until they had some cost increases in front of them. City Manager Caton stated that staffs only concern is currently there is a gap between $ 1 million and $2 million that leaves the City open to liability. It was moved by Council Member McCarthy, seconded by Council Member Perkins and unanimously carried (4/0) to continue the item to the Council meeting of November 25, 2003, and have staff report on the increased cost possibilities for various user groups. 14.ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A GROUND LEASE BETWEEN THE CITY AND INDUSTRIAL REALTY GROUP, LLC (FOR 55 YEARS FOR DEVELOPMENT OF A MOVIE STUDIO FACILITY AT THE FORMER NASA SITE). This item was pulled at the request of Council Member McCarthy who mentioned that there City Council Minutes 11/12/03 -5- r 01481 ] was a meeting held the week prior to review this item and the 53 changes to the contract. He stated that he did not feel comfortable as they had approved the changes but have not seen a final document. He then inquired if they delayed this item until the next meeting would it affect the outcome. City Manager Caton responded that the only effect it would have is to delay the closing from mid December until the beginning of January. It was moved by Council Member Perkins, seconded by Council Member McCarthy and unanimously carried (4/0) to bring the item back in closed session and on the regular Council Agenda for consideration on November 25, 2003. Council also requested a final clean copy of the document be delivered to them one week prior to the next Council Meeting for review. Prior to the vote, Council Member McCarthy inquired if it would help if they had a meeting just for this item earlier than the next scheduled Council Meeting. City Manager Caton said yes they could adjourn tonight’s meeting to a set date and time and that Council would be provided the final documents prior to that for their review. Council Member Perkins did not wish to amend his motion. ORAL COMMUNICATIONS Robert Bryan, resident of Downey, spoke on behalf of the Downey City Employees Association, Maintenance Group, expressing pride in Lisa Fox on being the recipient of a plaque for her excellent work. He also spoke as a concerned citizen of Downey and requested the Council’s assistance in getting left turn signals installed at the intersection of Old River School Road and Stewart and Gray Road due to dangerous situations caused by students attempting to cross the street to go to school and cars running red lights to make their turns. Mayor Trejo asked Director of Public Works Alvarez to look into this matter. Council Member McCarthy clarified that Mr. Bryan was requesting four-way left turn signals northbound, southbound, eastbound and westbound at the location OTHER BUSINESS - Council Members Comments Council Member Bayer thanked the Fire Department for the wonderful job that they do. She also thanked staff for encouraging their employees to participate in so many community events with the residents, including the Fishing Derby at Wilderness Park. Council Member Perkins mentioned the many benefits of City programs such as Start Smart and ASPIRE as well as the Mayor’s Athletic Excellence Award program. He expressed his congratulations to City employee Lisa Fox on her award this evening. Council Member Perkins mentioned attending the controlled burn put on by the City’s Fire Department and in particular, thanked Dave Simmons for giving him a better understanding of what a controlled burn is. He thanked Angie Avery, Recreation Division Manager, for the Fishing Derby at Wilderness Park even if he did not catch any fish. He also expressed that he is happy to have her on our City staff. Council Member McCarthy mentioned that everyone had a great time at the Fishing Derby and they had a great turnout. He said it is a program he hopes the City will keep going. He then requested that the next Council Meeting be adjourned in memory of Don Dixon a long time Downey resident, owner of Don Dixon Insurance Co. and former Chamber of Commerce President. City Council Minutes 11/12/03 -6- 014620 Mayor Trejo thanked Fire Chief Sauter, Dave Simmons and staff for inviting him and his family to watch the controlled bum by the Fire Department. He said he found it very enlightening and commended the Fire department on a great job. He then thanked Mike Prokop and Gary DeRemer, Downey Rose Float Association, for inviting him to a picture taking session with the Downey Court at the Tournament House in Pasadena. Mayor Trejo also expressed his enjoyment at attending a recent Spencer Williams “read in“. ADJOURNMENT: 8:40 p.m. The meeting adjourned in memory of William R. Houston father of Pamela Beight, Finance Department Clerk and father-in-law of Ken Beight, Maintenance Lead Worker; and in memory of Steve Rucker, Fire Engineer from Novato Fire Protection District who lost his life fighting the fire in the Julian area of San Diego County, to 6:30 p.m., November 25, 2003, in the Council Chamber of Downey City Hall. 'oyl; Chief Depuiyne <b City Council Minutes 11/12/03 -7-