HomeMy WebLinkAboutMinutes - 03-23-04 - Regular Meeting014 'I' : 'I
MINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
MARCH 23, 2004
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:36 p.m., March 23, 2004, in the Council Chamber of the Downey
City Hall, Mayor/Chairman Kirk Cartozian presiding.
PRESENT: Council Members/Commissioners:
Kirk O. Cartozian
Keith McCarthy
Mayor/Chairman
Mayor Pro Tempore/Vice-Chairman
(arrived 6:38 p.m.)
Anne M. Bayer
Meredith H. Perkins
Rick Trejo
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 Manager
Desi Alvarez, Director of Public Works
APPROVAL OF CLOSED SESSION MINUTES
It was moved by Council Member/Commissioner Perkins, seconded by Council
Member/Commissioner Trejo and unanimously carried (4/0) to approve the Closed Session
Minutes of March 9, 2004.
RECESS TO CLOSED SESSION
Mayor/Chairman Cartozian announced the Council/Commission is recessing to Closed
Session (6:37 p.m.) to discuss matters under the authority of the following sections of the
Government Code:
1.SECTION 54956.9, subdivision (b) – Conference with legal counsel – anticipated
litigation – exposure to litigation (one potential case).
2.SECTION 54956.9, subdivision (a) – Conference with legal counsel – existing
litigation: Arcadia vs. State Water Resources, San Diego Superior Court Case
#GIC80363 l; and in re: Los Angeles County Municipal Stormwater Permit Litigation,
Los Angeles Superior Court, Lead Case #BS080548.
City Council/Community Dev. Comm. Minutes (adj .) 03/23/04 -1-
The meeting reconvened in open session at 7:33 p.m. with all Council Members/-
CommissIoners present. City Attorney Vose announced that in regards to Item # 2 on the Closed
Session agenda, on a motion made by Mayor Pro Tempore McCarthy, seconded by Council Member
Perkins and unanimously carried, the City Council approved the authorization of $3,600 in
contributions for the NPDES litigation and a $5,300 contribution for the Trash TMDL appeal
litigation .
The meeting recessed at 7:34 p.m.
ORAL COMMUNICATIONS
The meeting reconvened for Oral Communications at 8:33 p.m. with all Council
Members/Commissioners present (see Oral Communications under Regular City Council Meeting)
and recessed at 9:15 p.m.
The meeting reconvened at 9:49 p.m. with all Council Members/Commissioners present.
ADJOURNMENT: 9:50 p.m.
%c/l/eM; R %&dM4£4e,
KATHLEEN L. MIDSTOKKE, City Clerk/Secretary KIRK O. CARTCma
City Council/Community Dev. Comm. Minutes (adj .) 03/23/04 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
MARCH 23, 2004
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Council Member Announcements
Presentation of City pins to Miss Downey/Miss Teen Downey
and their courts
Presentation of City plaque to Calvary Chapel Girls Varsity
Basketball Team
Presentation of City plaque to Downey High School Boys Varsity
Wrestling Team
Presentation of Mayors Academic Excellence Award
Presentation to Fire Chief Sauter, National Fire Academy Executive
Fire Officer Program
Oral Communications
Consent Calendar Items Removed
Council Minutes: Adj . & Reg. Meetings 03/09/04
Cash Contract #S.S. 565 – Residential street resurfacing
Warrants: # 193376 – 193775; Wire Nos. 30000767-774;
$2,270,659.52
Appeal ZV #03-112, reduced rear yard setbacks, 10921 Halcourt Dr.
Downey Avenue sidewalk system – agmt. w/ Kabbara Eng.
for plans & specs.
1- 105 Beneficial Reuse of Groundwater Project – agmt. w/ Black &
Veatch for consulting services
Refer appeal of denial of police permit application – Kyong Cha Hu
to hearing officer
Reso. # 6743 – Modifying Emp. Sick Leave Pay-off at retirement
MOU Downey Public Safety Auxi11ary Association
2
2
2
2
3
4
4
4
4
4
Approved
Approved
Approved
4/13/04
Approved
Approved
Approved
4
4
4Adopted
COUNCIL MINUTES, MARCH 23, 2004
TABLE OF MINUTE ACTIONS (CONTINUED)
ACTION PAGE NO.
Reso. # 6745 – Summary vacation of surplus right-of-way
Lakewood Blvd/8767 Firestone Blvd.
Adopted 4
Ord. # 1160 Speed limits for Imperial Highway Adopted
Approved
5
5
6
Naming location in City after former Council member/Mayor
Kenneth Miller
Cash contract # S.S. 523 – Firestone Blvd. Traffic Signal Comm.
Proj
Approved
Reso. # 6744 authorizing destruction of certain obsolete Police Dept.
records
Adopted 6
Council Member Requests for Future Agenda Items 7
7
7
Staff Comments
Adjournment to 6:30 p.m., April 13, 2004
0147 :6
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
MARCH 23, 2004
The City Council of the City of Downey held a Regular Meeting at 7:39 p.m., March 23 ,
2004, in the Council Chamber of the Downey City Hall, Mayor Kirk Cartozian presiding.
PRESENT:Council Members:
Kirk O. Cartozian
Keith McCarthy
Anne M. Bayer
Meredith H. Perkins
Rick Trejo
Mayor
Mayor Pro Tempore
ALSO PRESENT:Gerald M. Caton, City Manager
Charles S. Vose, City Attorney
Kathleen L. Midstokke, 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
Ron Yoshiki, Asst. Director of Community Dev./City Planner
Susan Domen, Executive Secretary
COUNCIL MEMBER ANNOUNCEMENTS
Council Member Perkins wished City Manager Caton a Happy Birthday; and congratulated
the Fire Department for receiving an infant at a Fire Station under the County Safe Havens Program.
Council Member Trejo thanked the Fire Department for their response to a trip and fall
incident near his pharmacy.
Council Member Bayer recognized her appointee to the Emergency Preparedness Committee,
Lee Ann Sears and also her mother, who were in attendance tonight.
Mayor Pro Tempore McCarthy announced that last Thursday he attended the Soroptimist
annual Women of Distinction awards in Downey; has received inquiries regarding the new housing
development at the former NASA site and assured people that it is part of a movie set; last week
along with Council Member Bayer and Community Services Director Kehoe, attended an awards
ceremony where the City of Downey received a state-wide award for work of the Community
Services Department in partnership with the Public Works Department; commended the Police Chief
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and patrol officers for catching two young men while they were placing graffiti in the City; and
announced a performance of the Irish Rovers at the Downey Theater on Thursday.
Mayor Cartozian wished Downey Patriot Editor John Adams a Happy Birthday; recognized in
the audience Daryl Hofmeyer, a Council Member from the City of Paramount; announced that the
Downey Symphonic Society will be performing at the Downey Theater this Saturday; received a letter
from Robert Jagielski, Asst. Principal at Downey High School which commends Downey Police
Department, specifically officers Tony Bauer and Michael Pope and their continued support of the
site administrators; announced he has met with Friends ofJohnie’s Broiler and the Los Angeles
Conservancy; thanked Assistant Community and Economic Development Director/ City Planner
Yoshiki for his continued service and recent meetings on numerous issues; attended the Inter Faith
Song Fest at the Church of Latter Day Saints; and will be travelling to Downey’s Sister City Ensenada
this Friday for a hosted event.
PRESENTATIONS
Mayor Cartozian introduced and presented City pins to Miss Downey, Bdttnay Fitzgerald,
Princess Kenia Andrade, Princess Griselda Marquez, Princess Setareh Panbehchi, Princess Kim Scott
and Miss Teen Downey Brianna Arceo, Princess Jennifer Andrade, Princess Whitney Rysavy, and
Princess Nicole Hale.
Mayor Cartozian presented a City tile plaque to Calvary Chapel Girls Varsity Basketball
Team and coaches for an outstanding 2003-2004 season, having made it to the CIF championship
finals
Mayor Cartozian presented a City tile plaque to Downey High School BoYS VarsitY
Wrestling Team and coaches for an outstanding 2003-2004 season and CIF championship.
Mayor Cartozian presented to Sarah Cha, Senior at Warren High School, the Mayor’s
Academic Excellence Award.
Mayor Cartozian presented a certificate to Fire Chief Mark Sauter for completing the
National Fire Academy’s four-year Executive Fire Officer Progam
At this time) Mayor Cartozian announced that he had traveled to Washington, D.C- wlth
Assistant to the city Manager James Makshanoff last week for three days and met with_
(..--'ongresswoman Lucille Roybal_Allard and staff members to both Senetors Boxer and Feinstein
reg;ding an extension on the $4 Million Federal Grant for the Columbia Space Museum and
Learning Center.
OUT, COMMUNICATIONS
Rosamond Dick resident of Downey9 complemented the City for their excellent Dial-A-Ride
program for seniors.
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Mayan Spaccarelli, John Teal and Mike Hammer spoke regarding Looney Bins, a trash hauler
that has been working on the former NASA site in regards to movie productions and removal of
construction materials for recycling and requested that they be allowed to continue.
Dorothy Pemberton, resident of Downey, and board member of Downey Ponytail League,
presented a plaque to the City in appreciation of completion of the new snack stand.
Fred James, resident of Downey, Vice-President of Downey Senior Citizens recreational club
who is celebrating their 48th anniversary on April 26th, invited the Council to attend.
The following people spoke regarding an incident on March 6 at Independence Park involving
Mario Rivas Jr. and the Downey Police Department:
Diarma Johnston, resident of Downey
Nicole Gutierrez, resident of Downey
Carlos Morales, resident of Norwalk
AIda Albina, resident of Downey
Carlos R. Morales, Jr., resident of Norwalk
Frank Campos, resident of Downey, thanked the City Council for their support of the
community project “Unity in the Community“ taking place in the Treasure Island area of Downey.
Lucy Rivero, resident of Downey, distributed a flyer for Unity in the Community regarding
the next meeting on April 6, and expressed concern that there are only 3 lights in the park.
CONSENT CALENDAR – ITEMS FOR REMOVAL
3.CASH CONTRACT # S.S. 523 – FIRESTONE BOULEVARD TRAFFIC SIGNAL
COMMUNICATION PROJECT: ACCEPT THE IMPROVEMENTS; AUTHORIZE
THE FINAL CONSTRUCTION COST OF $956,347.97; AND ACCEPT THE
MAINTENANCE RESPONSIBILITY, was removed at the request of Council Member
Perkins and is listed under Other Business below.
11.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AUTHORIZING THE DESTRUCTION OF CERTAIN OBSOLETE POLICE
DEPARTMENT RECORDS, was pulled at the request of Mayor Pro Tempore McCarthy
and is listed under Other Business below.
CONSENT CALENDAR
It was moved by Council Member Trejo, seconded by Council Member Perkins and
unanimously carried 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, MARCH 9, 2004:
Approve.
2.
4.
COUNCIL MINUTES: REGULAR MEETING, MARCH 9, 2004: Approve.
CASH CONTRACT # S.S. 565 – RESIDENTIAL STREET RESURFACING: AWARD
CONTRACT IN THE AMOUNT OF 8278,425 TO RUIZ ENGINEERING; AND
APPROPRIATE $300,000 1N AB 2928 FUNDS AND $40,000 1N GAS TAX FUNDS:
Approve
5.WARRANTS ISSUED: 193376 – 193775; WIRE NUMBERS 30000767-774:
$2,270,659.52: Approve.
6.SET PUBLIC HEARING FOR APRIL 13, 2004 FOR APPEAL OF ZONE VARIANCE
# 03-112 FOR REDUCED REAR YARD SETBACKS ON PROPERTY AT 10921
HALCOURT DRIVE (OWNERS: ANTHONY & SILVIA MAGDALENO;
APPELLANT: IRMA MARQUEZ-CASTILLO: Approve.
7.AGREEMENT WITH KABBARA ENGINEERING FOR PREPARATION OF PLANS,
SPECIFICATIONS AND ENGINEER’S ESTIMATE FOR DOWNEY AVENUE
SIDEWALK SYSTEM IN THE AMOUNT OF $35,880: Approve.
8.1-105 BENEFICIAL REUSE OF GROUNDWATER PROJECT: AGREEMENT WITH
BLACK & VEATCH FOR CONSULTING SERVICES AND APPROPRIATE FUNDS
FROM THE WATER FUND IN THE AMOUNT OF $37,485: Approve.
9.REFER APPEAL OF DENIAL OF POLICE PERMIT APPLICATION FOR
MASSAGE TECHNICIAN FOR KYONG CHA HU TO A HEARING OFFICER IN
ACCORDANCE WITH DOWNEY MUNICIPAL CODE SECTION 6404: Approve.
10.RESOLUTION NO. 6743 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
MODIFYING EMPLOYEE SICK LEAVE PAY-OFF AT RETIREMENT PROGRAM
IN THE MEMORANDUM OF UNDERSTANDING OF THE DOWNEY PUBLIC
SAFETY AUXILLARY ASSOCIATION.
12.RESOLUTION NO. 6745 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE SUMMARY VACATION OF SURPLUS RIGHT-OF-WAY ON
THE WEST SIDE OF LAKEWOOD BOULEVARD ADJOINING 8767 FIRESTONE
BOULEVARD, and:
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AUTHORIZE THE MAYOR TO EXECUTE AGREEMENTS WITH:
STEVEN s. CRUISE, TRUSTEE, TO ACQUIRE PROPERTY AT THE SOUTHWEST
CORNER OF LAKEWOOD BOULEVARD AND IMPERIAL HIGHWAY (8850
IMPERIAL HIGHWAY) FOR $495,000; AND MOSES LERNER FOR A
PERMANENT ROADWAY EASEMENT AT THE NORTHWEST CORNER OF
LAKEWOOD BOULEVARD AND FIRESTONE BOULEVARD (8767 FIRESTONE
BOULEVARD) FOR $31,500: Approve.
13.ORDINANCE NO. 1160 (ADOPT)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING
TO SPEED LIMITS FOR IMPERIAL HIGHWAY.
OTHER BUSINESS
14.MAYOR PRO TEMPORE MC CARTHY – CONSIDERATION OF NAMING A
LOCATION IN THE CIVIC CENTER AFTER FORMER COUNCIL MEMBER
KENNETH MILLER.
Mayor Pro Tempore McCarthy stated that he has been approached by people in the
community and he supports their interest in naming a location in the City in honor of former Council
Member/Mayor Kenneth Miller. Mr. Miller worked with Assembly Member Bruce Young to sponsor
Assembly Bill No. 8 which benefited the City of Downey so that the taxes we are receiving are about
55% more than we would have received without the Bill. This amount is now over $42 Million.
A couple of sites are proposed for this which include the plaza at the main entrance to City
Hall, which Mayor Pro Tempore McCarthy supports as the best choice. The others include the
flagpole plaza outside the Downey Theater and the memorial arch site on Civic Center Drive.
The following people spoke in favor this item:
Maria Larkin, resident of Downey and President of the Chamber of Commerce,.
Guy Stemer, resident of Downey.
Ken Miller, grandson of Kenneth Miller, spoke on behalf of the Miller family.
It was moved by Mayor Pro Tempore Cartozian and seconded by Council Member Perkins, to
recommend that the City Council approve the naming of the plaza at the main entrance to City Hall
after former Mayor Ken Miller. This motion was later withdrawn by the maker.
Council Member Bayer expressed that although she supports recognizing any City official and
thinks it is a good idea, that there should be some order to the appointments that are made. There are
eight two-term former Mayors that have nothing named after them or any plaques and there need to
be a criteria developed.
Council Member Perkins indicated that he does support the recognition and suggested the
location be somewhere at the new NASA development site.
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It was moved by Council Member Perkins and seconded by Council Member Trejo, to amend
the motion for the location to be the former NASA site. This motion was not voted upon and the
final action is listed below.
Council Member Trejo indicated that Mr. Miller does need to be honored, and that maybe the
NASA project location is appropriate.
Mayor Cartozian stated that he echoes the sentiments already shared. He referenced that the
plaza outside the Downey Theater has a Veteran’s Memorial and plaque and maybe that would be
appropriated due to Mr. Miller’s service in World War II.
It was moved by Mayor Pro Tempore McCarthy, seconded by Mayor Cartozian and
unanimously carried to approve the naming of a location within the City after former Mayor Ken
Miller, with staff to report back by the 2nd meeting in April with recommendations on various
sites
Council Member Perkins stated that Council Member Bayer does have a strong point that at
some time in the future it should be determined how things are named after former Council Members.
Mayor Cartozian indicated that it would be proper to have staff study this as a follow-up.
OTHER BUSINESS – Consent Calendar – Items removed by Council Approval:
3.CASH CONTRACT # S.S. 523 – FIRESTONE BOULEVARD TRAFFIC SIGNAL
COMMUNICATION PROJECT: ACCEPT THE IMPROVEMENTS; AUTHORIZE
THE FINAL CONSTRUCTION COST OF $956,347.97; AND ACCEPT THE
MAINTENANCE RESPONSIBILITY.
Council Member Perkins expressed that the City continues to spend money on Firestone
Boulevard to improve the traffic flow and is approving almost $1 Million tonight, while there are
pockets along Firestone Boulevard that still have parking. He requested staff to review the area east
of the Ralph’s Shopping Center all the way up to Lakewood Boulevard on the south side of the street
for consideration of no parking, due to both safety and traffic flow.
It was moved by Council Member Perkins, seconded by Mayor Cartozian and unanimously
carried to approve staff recommendation.
11.RESOLUTION NO. 6744
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AUTHORIZING THE DESTRUCTION OF CERTAIN OBSOLETE POLICE
DEPARTMENT RECORDS.
Mayor Pro Tempore McCarthy asked how it was determined which records are kept and
which are destroyed. City Attorney Vose responded that it is done pursuant to both State law and the
adopted Record Retention Schedules. Mayor Pro Tempore McCarthy requested a copy.
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The title of the Resolution was read by City Clerk Midstokke. It was moved by Mayor Pro
Tempore McCarthy, seconded by Council Member Perkins and unanimously carried to waive further
reading and adopt.
OTHER BUSINESS – Council Member Requests for Future Agenda Items
Mayor Cartozian requested that the sound system be adjusted again.
Council Member Bayer expressed concern regarding the “mansionization” of homes in
Downey and requested that the issue be studied.
Mayor Pro Tempore McCarthy announced a fundraiser for the American Cancer Society on
Saturday, April 3 at Del Rio Lanes.
Council Member Perkins expressed his pleasure in the selection of Sarah Cha, Warren High
Senior, to receive the Mayor’s Academic Achievement Award tonight; and announced the Arc Walk
for Independence on Saturday, March 27.
Council Member Trejo announced his participation this upcoming weekend in the Southern
California Municipal Athletic Federation (SCMAF) basketball tournament which the City is hosting;
and requested that the Police Department look into a solution for the loitering occurring at the
Krikorian Theaters on Fridays and Saturdays and associated graffiti.
Mayor Cartozian requested an update on the status of the permit process revamping.
OTHER BUSINESS – Staff Comments
City Manager Caton noted that escrow closed last week with Downey Studios on the second
property purchase at the former NASA site, noting that this property will now be in the hands of a
private entity, creating employment opportunities and tax revenues.
ADJOURNMENT: 9:50 p.m.
The meeting adjourned in memory of James Behr, father of City employee Loren Behr,
Executive Director, Columbia Memorial Space Science Learning Center, to 6:30 p.m., April 13,
2004, in the Council Chamber of Downey City Hall.
dh:A@/JH:>g
KATHLEEN L. Mn)STOKKE, City Clerk KIRK 0. CARTOZ:F, Mayor
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