The URL can be used to link to this page

Home My WebLink AboutMinutes - 11-25-03 - Regular Meeting014621 MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING NOVEMBER 25, 2003 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:37 p.m., November 25, 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 (arrived 6:47 p.m.) 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 Desi Alvarez, Director of Public Works John Finch, Police Chief Darrell George, Director of Community & Economic Development 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 November 12, 2003. RECESS TO CLOSED SESSION Mayor/Chairman Trejo announced the Council/Commission is recessing to Closed Session (6:39 p.m.) to discuss matters under the authority of the following sections of the Government Code: 3.SECTION 54956.8 – Conference with real property negotiators Gerald Caton and Darrell George re property: 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 Group and Kaiser Permanente; under negotiation: price and terms of payment. 4.SECTION 54956.8 – Conference with real property negotiator Desi Alvarez re property: 8850 Imperial Highway; negotiating party: Steve Cruise; under negotiation: price and terms of payment. City Council/Community Dev. Comm. Minutes (adj .) 11/25/03 -1- ' 01462 : 5 SECTION 54956.9(a) – Conference with legal counsel – existing litigation: Martinez vs. City of Downey, et al., L. A. County Superior Court, Case #BC277402. The meeting reconvened in open session at 7:28 p.m. with all Council Members/- Commissioners present. There were no Closed Session actions to report. The meeting recessed at 7:32 p.m. ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 8:40 p.m. with all Council Members/Commissioners present (see Oral Communications in the Regular City Council Meeting Minutes) and recessed at 8:55 p.m. The meeting reconvened at 9:58 p.m. with all Council Members/Commissioner present. ADJOURNMENT: 9:59 p.m. 7 / VoI:=-.. Rick Trejo, Mayor/Chairman L,_- A) ,-, chi,fD,;tyl:itycl,„k/s„„t„yJoyce UP City Council/Community Dev. Comm. Minutes (adj .) 11/25/03 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING NOVEMBER 25, 2003 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Presented Proclamation to Jon Lang, Downey Stake President, Church of Latter-Day Saints, declaring week of Nov. 23rd as Downey Family Week Presented Certificate of Appreciation to Maria Larkin, President, Downey Chamber of Commerce Items removed from Consent Calendar 2 2 2 Council Minutes: Adj . & Reg. Mtgs. 11/12/03 Approved ApprovedCash Contract # S.S. 505 – Gardendale St. Pavement Rehabilitation west City Limits to Union Pacific Railroad Warrants Issued: # 190529-190856; Wire Nos. 30000690-705; $2,379,887.41 Approved 2 2Amendment to DMC re: Expanding the definition of single- family dwellings to be consistent with the adopted/certified 2000-05 Downey Housing Element Set Hrg. 12/9/03 Holiday Lane Parade Permit (Dec. 7th)Approved 3 3 3 Carry-forward appropriations 5769,970.50 Approved ApprovedExtension of Project Management Contract with David Rodriguez Reso. # 6716 appointment of Mario Rios, Traffic Committee, District 3 Adopted 3 Reso. # 6717 Requesting funding for the implementation of safety projects Along the 1-710 Freeway Adopted 3 Reso. # 6719 Prohibiting the parking of vehicles between 2 a.m. and 4 a.m. weekdays on Adenmoor Av. north of Elm Vista Dr. Adopted 3 COUNCIL MINUTES, NOVEMBER 25, 2003 TABLE OF MINUTE ACTIONS (CONTINUED) Reso. # 6720 Adopting the ICMA Retirement Corporation VantageCare Retirement Health Savings Program Adopted 3 3 4 Ord. # 1156 Approving a Ground Lease Between the City of Downey and Industrial Realty Group, LLC. Adopted Cash Contract # S.S. 549/550 Gallatin Rd. and Woodruff Av. sidewalk system; with exclusion of Woodruff Av. portion of the project Approved as amended Reso. # 6722 Approving the Lakewood Boulevard Improvement Plan Adopted 5 6Reso. # 6723 Adopting a Mitigated Negative Declaration of Environmental Impact for the Lakewood Boulevard Improvement Project Adopted Reso. # 6724 Process variances to landscape setbacks on a case-by-case basis to properties impacted by the Lakewood Boulevard Improvement Project Adopted 6 AR 316 re: Special Event & Circumstances Liability Cont. to 12/9 6 8 8 10 Oral Communications Contract Building Inspection Manager Cont. to 12/9 Reso. # 6718 Restricting parking of vehicles over seven ft. in height, south side of Nance St. between La Reina Av. and Myrtle St. Adopted Reso. # 6721 Establishing an All-Way “Stop“ at the intersection of Rives Av. and Cecilia/Fifth Street Adopted 11 11 12 Council Member Comments Adjournment to 6:00 p.m., December 2, 2003 014623 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING NOVEMBER 25, 2003 The City Council of the City of Downey held a Regular Meeting at 7:37 p.m., November 25 , 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 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 Linda Haines, Building Official Ron Yoshiki, City Planner Susan Domen, Executive Secretary PRESENTATIONS Mayor Trejo read and presented to Jon Lang, Downey Stake President of the Church of Jesus Christ of Latter-Day Saints of Downey a Proclamation declaring November 23-29, 2003 as Downey Family Week in the City of Downey. Mayor Trejo presented a Certificate of Appreciation to Maria Larkin, President of the Downey Chamber of Commerce. CONSENT CALENDAR – ITEMS FOR REMOVAL 4. CASH CONTRACT # S.S. 549/550 – GALLATIN ROAD AND WOODRUFF AVENUE SIDEWALK SYSTEM: was removed at the request of Council Member Bayer and is listed under Other Business below. City Council Minutes 11/25/03 -1- g. 0146 : 4 6. REVISED ADMINISTRATIVE REGULATION 315 FOR SPECIAL EVENT AND CIRCUMSTANCES LIABILITY: was removed at the request of Council Member McCarthy and is listed under Other Business below. 8. CONTRACT BUILDING INSPECTION MANAGER: was removed at the request of Council Member Perkins and is listed under Other Business below. 16.RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESTRICTING PARKING OF VEHICLES OVER SEVEN FEET IN HEIGHT. ON THE SOUTH SIDE OF NANCE STREET, BETWEEN LA REINA AVENUE AND MYRTLE STREET: was removed at the request of Council Member Trejo and is listed under Other Business below. 19.RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING AN ALL-WAY “STOP” AT THE INTERSECTION OF RIVES AVENUE AND CECILIA/FIFTH STREET: was removed at the request of Council Member Trejo and is listed under Other Business below. CONSENT CALENDAR It was moved by Council Member Mayor Pro Tempore Cartozian, 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 NOVEMBER 12, 2003 : Approve. 2. 3. COUNCIL MINUTES: REGULAR MEETING, NOVEMBER 12, 2003: Approve. CASH CONTRACT # S.S. 505 – GARDENDALE STREET PAVEMENT REHABILITATION WEST CITY LIMITS TO UNION PACIFIC RAILROAD: ACCEPT IMPROVEMENTS AND MAINTENANCE RESPONSIBILITY: Approve. 5.WARRANTS ISSUED: 190529 – 190856; WIRE NUMBERS 30000690-705: $2,379,887.41: Approve. 7.AMENDMENT TO THE DOWNEY MUNICIPAL CODE, ARTICLE IX, CHAPTER 1. SECTION 9104 TO EXPAND THE DEFINITION OF SINGLE-FAMILY DWELLINGS TO BE CONSISTENT WITH THE ADOPTED AND CERTIFIED 2000- 05 DOWNEY HOUSING ELEMENT: Set date for Public Hearing on December 9, 2003 at 7:30 p.m City Council Minutes 11/25/03 -2- ' ll 01462 S 9.HOLIDAY LANE PARADE PERMIT (DECEMBER 7, 2003): APPROVE APPLICATION SUBMITTED BY THE DOWNEY CHAMBER OF COMMERCE: Approve 10. 11. (NUMBER NOT USED) ANNUAL CARRY-FORWARD APPROPRIATIONS LIST FOR FISCAL YEAR ENDED JUNE 30, 2003 IN THE AMOUNT OF $769,970.50: Approve. 12.EXTENSION OF PROJECT MANAGEMENT CONTRACT WITH MR. DAVID RODRIGUEZ FOR ONE IWONTH: Approve. 13. 14. (NUMBER NOT USED) RESOLUTION NO. 6716 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MARIO RIOS TO THE TRAFFIC COMMITTEE, COUNCIL DISTRICT 3. 15.RESOLUTION NO. 6717 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING FUNDING FOR THE IMPLEMENTATION OF SAFETY PROJECTS ALONG THE 1-710 FREEWAY. 17.RESOLUTION NO. 6719 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING PARKING OF VEHICLES BETWEEN 2 A.M. AND 4 A.M. ON WEEKDAYS, UPON ADENMOOR AVENUE, NORTH OF ELM VISTA DRIVE. 18.RESOLUTION NO. 6720 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY. CALIFORNIA, ADOPTING THE ICMA RETIREMENT CORPORATION VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS) PROGRAM.. 20.ORDINANCE NO. 1156 (ADOPT) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A GROUND LEASE BETWEEN THE CITY OF DOWNEY AND INDUSTRIAL REALTY GROUP, LLC. City Council Minutes 11/25/03 -3- , 01482 fi OTHER BUSINESS – Consent Calendar – Items removed by Council Approval: 4.CASH CONTRACT # S.S. 549/550 – GALLATIN ROAD AND WOODRUFF AVENUE SIDEWALK SYSTEM. Prior to the City Council Meeting, the City Clerk’s office received letters from John and Gloria Van Halen with a residents’ petition attached; Miles Mallory and Edith Marquez protesting sidewalks on the Woodruff Avenue portion of the project. A separate petition was also received by the City Clerk’s office, with no letter and contained most of the names submitted on the Van Halen petition. Copies of the correspondence and petitions were distributed to the City Council along with the Agenda material. The following Downey residents of Florence Avenue and Woodruff Avenue spoke protesting the Woodruff Avenue portion of this project: Arthur Holding, John Ver Halen (submitted pictures of the area for Council) and Edith Marquez. Their concerns as stated are: project will not alleviate the pedestrian problems on Woodruff Avenue; will impact the property owners value of their homes and the aesthetic appeal of their houses; felt some areas could expose pedestrians to danger of tripping over tree roots; said it would increase the dumping of trash in their yards and of students sitting in their yards. The residents made alternative suggestions for other possible solutions to alleviate the congestion from the school areas such as: requiring different pick-up and drop off points per grade; installing a stop sign at Via Amorita to slow down speeding traffic; continuing the sidewalk on the west side of Woodruff Avenue to connect all the way down to Stonewood Mall; requiring the use of Chaney Avenue for more drop-off and pick-up points; enforcing teachers not to use street parking; having no parking zones during school hours; having greater police patrol during those hours; or having one-way traffic in this area. A staff report was presented Desi Alvarez, Director of Public Works, indicating the project originally included construction of missing sidewalks and wheelchair ramps on two school routes to better serve school pedestrian traffic. He stated that the project is being modified to delete the Woodruff Avenue portion and payment to the contractor would reflect the actual work performed. Council Member McCarthy verified with staff that adjacent property owners were noticed of the project October 20, 2003 and that this matter did not go before the Traffic Committee. Mayor Pro Tempore Cartozian stated that this was an ongoing problem with all of the schools in the City and that he plans to continue working on a solution along with Downey Unified School District over the next few years. He felt that it is good the public comes and speaks their opinions on items like this so that the Council and staff can look at projects from different perspectives. Council Member McCarthy stated he is supporting the residents’ request on this issue. Council Member Perkins agreed with the residents that not all the homes are built for sidewalks and would support the deletion of Woodruff Avenue from the project. Council Member Bayer clarified with staff that the Gallatin Road portion of the project would still be approved. City Council Minutes 11/25/03 -4- 014627 Mayor Trejo pointed out that he was focused on the Gallatin Road portion of the project and to ensure that it goes through as he has received a number of requests from parents to have sidewalks installed on at least one side of the road. He then thanked the citizens for coming and voicing their oplrllorls. It was moved by Mayor Pro Tempore Cartozian, seconded by Council Member Bayer and unanimously carried to approve Cash Contract No. S.S. 549/550 with the exclusion of the Woodruff Avenue portion of the project. ADMINISTRATIVE REPORTS 21. LAKEWOOD BOULEVARD IMPROVEMENT PROJECT. A staff report was given by Desi Alvarez, Director of Public Works, indicating that this has been an ongoing item for the past 18 months which is nearing the finalizing of the plans and moving towards the construction phase. Director Alvarez stated that Lakewood Boulevard is one of two major arterials that run the entire length of the City from north to south. There are forty thousand cars that use this road per day and ten percent of that is for truck movement. The traffic along Lakewood Boulevard is only projected to increase in the next several years. Director Alvarez stated that there are two reasons for the increased traffic: one being due to regional growth, the expansion of the ports will increase the truck traffic and other will be from the redevelopment of NASA property. This road is over sixty years old and is generally in poor condition. The pavement is showing deterioration, there is flooding in locations, and there are outdated traffic signals. Director Alvarez explained that the project will include improvements to the pavement conditions, added drainage in areas, intersection improvements and improved conditions for traffic flow. The construction phase is set to start early next year. Council Member Perkins requested clarification that on exhibit A-9, the scale was one inch and is equal to one hundred feet and if so, is the turnout at the entry to the Downey Landing to be 525 feet. Director Alvarez stated that yes that is the correct scale but the entry would be closer to 635 feet, however, the plans are not final yet and are evolving with the project. Council Member McCarthy commented that the maps are nicely done. He mentioned that in the subcommittee meeting there was talk of concrete being used and requested clarification if this was still part of the plan. Director Alvarez confirmed it is still part of plan to be used at certain intersections. Council Member McCarthy complimented Director Alvarez on a good presentation. Mayor Pro Tempore Cartozian explained that with the growth the City will be experiencing as the redevelopment of the NASA property is completed will be such that if we do not take care of the corridors, we will have bigger issues to contend with in the future. He thanked Director Alvarez and staff for their work on this project. Mayor Trejo questioned what the overall timeframe is of the project. Director Alvarez responded that it would be over several years from the start date. That the project will be broken up into phases, with the larger phases broken up in to smaller ones. The project has a three to five year time frame. Mayor Trejo stated that there is no other major artery comparable to Lakewood Boulevard that runs north to south in the City of Downey. City Council Minutes 11/25/03 -5- . 0’1 4 G 2 8 Council Member McCarthy commented that the input they receive from the citizens is helpful when working on projects like this, so that modifications to plans can be done in advance. Lennie Whittington, Downey resident, stated that this project is a good thing for the City and he hopes it all works out well. After clarification by the City Attorney that one vote could be taken for all three Resolutions, Chief Deputy City Clerk Doyle read the titles. It was moved by Council Member McCarthy, seconded by Mayor Pro Tempore Cartozian, and unanimously carried to waive further reading and adopt the below listed Resolutions and to direct staff to proceed with a General Plan Amendment to ensure consistency between the Lakewood Boulevard Improvement Project and the General Plan. RESOLUTION NO. 6722 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE LAKEWOOD BOULEVARD IMPROVEMENT PLAN. RESOLUTION NO. 6723 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE LAKEWOOD BOULEVARD IMPROVEMENT PROJECT. RESOLUTION NO. 6724 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY TO PROCESS VARIANCES TO LANDSCAPE SETBACKS ON A CASE-BY-CASE BASIS TO PROPERTIES IMPACTED BY THE LAKEWOOD BOULEVARD IMPROVEMENT PROJECT. OTHER BUSINESS – Consent Calendar – Items removed by Council Approval: (cont.) 6.REVISED ADMINISTRATIVE REGULATION 316 FOR SPECIAL EVENT AND CIRCUMSTANCES LIABILITY. Director of Finance, John Michicoff, explained in a staff report that the City had increased the liability insurance requirement to 52,000,000 which immediately saved the City $130,000 in premium expense. All departments were requested to evaluate an Administrative Regulation that governs special events for liability coverage. Input from all departments went into the modification of the Administrative Regulation that was provided to Council for review. The most substantive change is the elimination of an actual dollar amount being listed for coverage and the wording changed to read a minimum amount equal to the City’s deductible“. This change would automatically reflect any changes to the City’s deductible, so that staff would not have to go back to Council to adjust the City Council Minutes 1 1/25/03 -6- I nhlbPt• a U OII 46: 9 Administrative Regulation every time it changed. Director Michicoff then stated that at the last Council Meeting staff was requested to provide numbers of how the increase would effect local organizations. He said a vital role of risk management is the preservation and safeguarding of the City’s assets to the best extent possible and not increasing the special event coverage would leave the City liable for anything over the groups insurance coverage. Director Michicoff requested Council to approve the recommended changes to the Administrative Regulation for special events and outside contractors Council Member McCarthy inquired as to how many claims have we had come against the City from one of these events. Director Michicoff stated that to date none. Council Member McCarthy pointed out that while he believes staff is being very fiscally responsible, his concern is that we be socially responsible. If the cost increases become prohibitive to groups trying to put on a fundraiser, it could eliminate their ability to raise funds or hold an event. Council Member McCarthy suggests that Sections 5.7 and 5.8 of the Administrative Regulation, relative to Recreation and Theater that local civic, non-profit and similar groups provide coverage to $1 million as previously stated. While he understands this could expose the City to potential liability, he verified with Director Michicoff the City has not had any such claims since incorporation in 1956 and felt it is worth considering to amend the Administrative Regulation to maintain the current liability at $ 1 million for these groups. Council Member Perkins requested clarification on what Council Member McCarthy wanted changed in the Administrative Regulation and suggested that Council Member McCarthy work with Director Michicoff on the language changes and bring the item back at the next meeting. It was moved by Council Member Perkins, seconded by Council Member McCarthy and carried by the following vote to have Council Member McCarthy and Director Michicoff work out the language changes of Administrative Regulation 316 in regards to local civic, non-profit and similar groups liability insurance coverage for special events and bring back at the December 9, 2003 Council Meeting. AYES: Cartozian, McCarthy, Perkins, Mayor Trejo ABSTAIN: Bayer Lennie Whittington, Downey resident, inquired if a group or party that doesn’t belong to one of the above listed groups would be able to allege discrimination against them since the City would be requiring them to have higher insurance coverage. City Manager Caton responded staff will look into that and address it with any proposed changes while working with Council. Mayor Pro Tempore Cartozian question if the liability coverage pertains to all City contracts as well and City Manager Caton responded in the affirmative. Mayor Pro Tempore Cartozian pointed out that we should keep in mind that when Contractors are bidding they are most likely increasing their bids by whatever costs we are mandating. He then inquired how many of surrounding cities require the $2 million coverage. Director Michicoff explained that we are one of twenty-eight members of Independent Cities Risk Management Authority (ICRMA) and we are one of four other cities that increased up to the $2 million level. Other cities had much smaller coverage amounts but have also increased their coverage requirements. We joined with three other cities in ICRMA in City Council Minutes 11/25/03 -7- 014630 raising to this level: Fullerton, Vernon and Inglewood. He expressed his support of Council Member McCarthy and would like to get feedback from departments on what types of leverage or disadvantages these increases may provide. Council Member McCarthy reiterated that his recommendation was only for civic type groups not business contracts. He felt that while it may increase the cost of a bid, that is the cost of doing business, however, with civic groups it could be the cost of their entire event. Mayor Pro Tempore Cartozian then asked Director of Public Works Alvarez if this has become an issue with contract bids. Director Alvarez stated that there has been no major impact and the bids are competitive. ORAL COMMUNICATIONS Vicki Van Luven, Downey resident, spoke on behalf of Sarah Peterson who received a ticket by the Police Department for parking after 10:00 p.m. in Apollo Park parking lot and complained that no signs were posted at the location advising of this law. Greg Silva, Downey resident, was given permission by the Mayor to speak on Agenda item #17, a Resolution previously adopted under the Consent Calendar. He thanked the Council for approving the parking prohibition on Ademnoor Avenue, north of Elm Vista Drive, saying that there are many problems in the area associated with vehicle parking, i.e., trash, no parking for residents and vehicles partially blocking his driveway. Lennie Whittington, Downey resident, was given permission by the Mayor to speak on Agenda item #9, previously approved under the Consent Calendar. He complained that the costs associated with City services for the Holiday Lane Parade were not included in the Agenda Memo and felt the Chamber of Commerce should know the estimated costs for these services. Maria Larkin, President, Chamber of Commerce, assured Mr. Whittington that the Chamber of Commerce was already aware of the City costs associated with the Holiday Lane Parade and had approved them. OTHER BUSINESS – Consent Calendar – Items removed by Council Approval: (cont.) 8.CONTRACT FOR BUILDING INSPECTION MANAGEMENT SERVICES FOR THE “DOWNEY LANDING” DEVELOPMENT AT THE NASA SITE. Council Member Perkins expressed he would like to make some amendments to the agreement. On page two, Section 1, Terms of Agreement, shall read “Such term may be extended upon written agreement of both parties to this Agreement and approved by the City Council“; page two, Section 3, Additional Services, shall read “unless such additional services are authorized in advance in writing by the City Manager and approved by the City Council“; page three, Section 4(a)> Compensation and Method of Payment, shall read “unless additional compensation is approved in writing by the City Manager and approved by the City Council“; and page ten, Section 26, Modification of Agreement, shall read “. . .. . . and approved by the consultant, the City Manager and the City Council“. He felt that these were important areas that the Council needed to include. City Council Minutes 1 1/25/03 -8- 01:4631 A motion was made by Council Member Perkins, seconded by Council Member McCarthy, (for the sake of continuity of reporting, the full motion and vote is listed below) to approve the Agreement for Contract Building Inspection Manager with the modifications to add the requirement of “approval by the City Council in addition to the City Manager to Sections 1, 3 and 4 of the Agreement“. City Manager Caton stated by making the proposed amendments the Council would be removing the flexibility previously granted to the City Manager position to handle situations, such as minor changes that arrive on a daily basis. That the project would have to be stopped and everything be brought to the Council. He noted that this is a complete philosophical change in the duties of the City Manager from the past and that by making the additions you would not need to leave City Manager in the text of the contract. Mayor Pro Tempore Cartozian inquired of the City Attorney on other cities policies in regards to contracts of this type. City Attorney Vose stated that there are changes and situations that come up frequently in contracts of this sort that are generally handled by the City Manager. He also pointed out that the City Manager’s statement is correct that if these items need to come back to City Council for approval, it would be an unnecessary duplication to have the City Manager’s approval also. The City Attorney said the contract as presented would be a typical contract in most cities. It was moved by Mayor Pro Tempore Cartozian, seconded by Council Member McCarthy (no vote was taken, the maker of the motion amended his motion with the consent of the second - see amendment below) to continue this item until the December 2, 2003 meeting. Mayor Trejo noted that he did not agree with the amendments, as they would not allow the flexibility that the City Manager would need on this contract to facilitate the project. He would not be supporting the motion. It was moved by Mayor Pro Tempore Cartozian, seconded by Council Member McCarthy and failed by the following vote to the continue this item to the December 9, 2003 Council Meeting. AYES: Cartozian, McCarthy NOES: Bayer, Perkins, Mayor Trejo The maker of the following motion, Council Member Perkins, called for the below vote. The City Attorney clarified the motion prior to the vote. A motion was made by Council Member Perkins, seconded by Council Member McCarthy and failed by the following vote to approve the Agreement for Contract Building Inspection Manager with the modifications to add the requirement of “approval by the City Council in addition to the City Manager to Sections 1, 3 and 4 of the Agreement: AYES: McCarthy, Perkins NOES: Bayer, Cartozian, Mayor Trejo It was moved by Mayor Pro Tempore Cartozian, seconded by Council Member McCarthy and carried by the following vote to continue this item until the December 9, 2003 meeting. City Council Minutes 11/25/03 -9- 01463 : AYES: Bayer, Cartozian, McCarthy, Trejo NOES: Perkins 16.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RB.STRI(-TIN(, PARKIN(, OF VEHICLES OVER SEVEN FEET IN HEIGHT, ON THE SOUTH SIDE OF NANCE STREET, BETWEEN LA REINA AVENUE AND MYRTLE STREET. Mayor Trejo mentioned that he has had a lot of complaints on this issue and complimented the Director of Public Works on addressing this issue. Council Member McCarthy inquired as to why the signage didn’t go further east to Downey Avenue. Director Alvarez stated that the segment already is restricted for no overnight parking. Lennie Whittington submitted photographs taken of Nance Street on the south side. He then explained some of the problems that are being caused by the trucks parking at the location and felt that citations by the Police Department are not being given. He said without the signage all the way to Downey Avenue the problems would not be solved and also that the low fine that is imposed is not a deterrent. Mr. Whittington took possession of his photographs at the end of the meeting. Michael Daniel, ABC Rhubarb Farms Inc., his company neighbors the bus depot, mentioned the problems that he has been experiencing with the trucks being parked on the street, such as: graffiti damage to the building, planters being knocked over by the trucks, employees having a hard time parking and many other issues. He stated that he felt adding the extra signage all the way to Downey Avenue would be a much greater deterrent. Sal Sabatino, Tabben’s TV, spoke in regards to the negative effects the truck parking is having on their business saying this issue has caused the other business employees to start parking in his parking lot since the trucks are taking up all of the parking. On the weekends he has noticed big rigs parked on both sides of the street all the way down and feels these trucks are a causing a negative appeal to their area. Unintelligible, business owner on Downey Avenue, stated that the truck parking is causing many problems to the area such as: fighting, trash dumping and other disorderly conduct. He spoke in support of putting signage all along Nance Avenue prohibiting truck parking. Council Member McCarthy inquired if it was possible to post signs on the entire route and Director Alvarez responded in the affirmative. Lennie Whittington pointed out that the Resolution does not call for posting on the whole street as Director Alvarez had previously stated. Director Alvarez clarified that the Resolution does not require the posting of any of the streets, but the City would be posting this entire street. Chief Deputy City Clerk Doyle read the title of the Resolution. City Council Minutes 11/25/03 -10- t) 14633 RESOLUTION NO. 6718 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESTRICTING PARKING OF VEHICLES OVER SEVEN FEET IN HEIGHT, ON THE SOUTH SIDE OF NANCE STREET, BETWEEN LA REINA AVENUE AND MYRTLE STREET. It was moved by Mayor Trejo, seconded by Council Member McCarthy and unanimously carried to waive further reading and adopt the Resolution. 19.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING AN ALL-WAY “STOP” AT THE INTERSECTION OF RIVES AVENUE AND CECILIA/FIFTH STREET. Mayor Trejo commented that this is a much needed stop sign to slow down traffic on Rives Avenue to help provide safety for the pedestrian traffic from Rio Hondo school. Chief Deputy City Clerk Doyle read the title of the Resolution. RESOLUTION NO. 6721 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING AN ALL-WAY “STOP” AT THE INTERSECTION OF RIVES AVENUE AND CECILIA/FIFTH STREET. It was moved by Council Member McCarthy, seconded by Mayor Pro Tempore Cartozian and unanimously carried to waive further reading and adopt the Resolution. OTHER BUSINESS - Council Members Comments Council Member Bayer stated that it has been a pleasure to serve under Mayor Trejo for the past year and she looks forward to working with the new Mayor Cartozian. She also wished everyone a Happy Thanksgiving. Council Member Perkins mentioned that during the past two weeks he was able to attend a dinner honoring the City Employees who have been with the City for 20 – 30 years and also attended the Soroptimist breakfast spotlighting service organizations in the community. The Chamber of Commerce Holiday Lane Parade is coming up shortly and he hopes that many people are able to attend. He noted that he enjoyed working with the Mayor this past year as he did when they were on the Planning Commission together. Council Member Perkins also complimented the Mayor’s Athletic Award Program. Council Member McCarthy stated that he has been positively impressed with Mayor Trejo’s service this past year. He also thanked the Downey Rose Float Association for allowing him to participate in the Mr. Downey Competition and complimented Executive Secretary, Susan Domen of the City Clerk’s office for organizing the event. City Council Minutes 11/25/03 -11- 01463 '; Mayor Pro Tempore Cartozian acknowledged that today was former Mayor Winningham’s birthday and wished him a Happy Birthday. He also commended Mayor Trejo on a great job as Mayor the past year, saying what a pleasure it was working with him. Mayor Trejo thanked the Council for their comments and staff for their support, noting it was an exciting year with many projects and accomplishments. He commented on the firefighter graduation he attended recently, thanking Fire Chief Sauter saying it was a very enlightening experience. Mayor Trejo also thank the Council and staff for naming the gymnasium at Apollo Park the “Gary P. McCaughan Gymnasium.“ He then thanked Council Member Bayer for attending a recent lunch with him and Downey Superior Court Judges Rayvis and Luna. Lastly he congratulated Warren High School Boys Football Team for making it into the second round of playoffs and also the Girl’s Volleyball Team even though they only have 7 players, saying they are an amazing team OTHER BUSINESS – Staff Comments City Manager Caton thanked Mayor Trejo on behalf of himself and staff for a great year mentioning that the Kaiser Hospital and movie studio agreements were completed and the sale of Parcels 1 and 2 of the NASA site was completed with the Federal government, making the City the owner of the entire NASA site. Wished upcoming Mayor Cartozian all the best, noting under his term the retail center agreement will be completed, the Rio Hondo Clubhouse project completed and groundbreakings for Kaiser Hospital and the movie studio. He mentioned the importance and historical significance of the lease agreement approved by Council tonight for the development of a movie studio and the negotiations involved, saying for the next 15 years the City will receive between $6 million - $12 million in revenue just off the movie studio parcel. ADJOURNMENT: 9:59 p.m. The meeting adjourned in memory of Don Dixon, owner of Don Dixon Insurance Co., past President of the Downey Chamber of Commerce and past President of Citizens for Downey; and Walter Dirks, father of Sandy Gall, Finance Dept. Clerk, to 6:00 p.m., December 2, 2003, in the Council Chamber of Downey City Hall (Mayoral Ceremony). $yle, Chief Deputy City Clerk Rick Trejo, May City Council Minutes 1 1/25/03