HomeMy WebLinkAboutMinutes - 04-13-04 - Regular MeetingtJ : 4 / LT .'I
MINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
APRIL 13, 2004
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:35 p.m., April 13, 2004, in the Council Chamber of the Downey
City Hall, Mayor/Chairman Kirk Cartozian presiding.
PRESENT:Council Members/Commissioners:
Kirk O. Cartozian
Keith McCarthy
Anne M. Bayer
Meredith H. Perkins
Rick Tmjo
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 Manager
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 Trejo and unanimously carried to approve the Closed Session Minutes of
March 23, 2004.
RECESS TO CLOSED SESSION
Mayor/Chairman Cartozian 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:
1.SECTION 54956.8, subdivision (b) – Conference with real property negotiator Darrell
George re: property: 8764 E. Firestone Boulevard; negotiating party: Citigroup Inc.
Corporate Realty Services; under negotiation: price and terms of payment.
The meeting reconvened in open session at 7:34 p.m. with all Council Members/-
Commissioners present. There were no Closed Session actions to report.
The meeting recessed at 7:35 p.m.
City Council/Community Dev. Comm. Minutes (adj .) 04/13/04 -1-
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ORAL COMMUNICATIONS
The meeting reconvened for Oral Communications at 9:34 p.m. with all Council
Members/Commissioners present (see Oral Communications under Regular City Council Meeting)
and recessed at 9:44 p.m.
The meeting reconvened at 11:29 p.m. with all Council Members/Commissioners present.
ADJOURNMENT: 11 :30 p.m.
ahall) V.#Z4a aa’j.
KATHLEEN L. MiDSTOiKF,, City Clerk/Secretary KIRK o. CARTFZ ,N, Mayor/Chairman
City Council/Community Dev. Comm. Minutes (adj .) 04/13/04 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
APRIL 13, 2004
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Council Member Announcements
Presentations
Appeal ZV #03-112 for 10921 Halcourt Avenue
Oral Communications
Consent Calendar Items Removed
Council Minutes: Adj . & Reg. Meetings 03/23/04
Warrants: # 193776 – 194364; Wire Nos. 202-203, 30000775-790;
$4,359,721.81
2004 Investment Policy for Public Funds for the City of Downey
Chamber of Commerce Street Faire Permit (May 1, 2004).
Consideration 2004-05 Application for CDBG Grants
Groundwater Consultant contract w/Rauch Communications
Agrmt. modifications w/Coalition for Environmental Protection
Restoration & Development (CEPRD)
Res. # 6750 Undergrounding Utilities, District #18 Lakewood Blvd.
Res. # 6751 Undergrounding Utilities, District #19 Lakewood Blvd.
2
3
5
5
6
7
Cont. to 05/25/04
Approved
Approved
Approved
Approved
Set Hrg. 05/11/04
Approved
Approved
7
7
7
7
7
7
7
7
8
Adopted
Adopted
Set Hrg. 7/27/04
AdoptedRes. # 6752 Amending Mgmt. Comp. Plan as related to classification
of Systems/Network Engineer
Res. # 6753 Changing title of Maintenance Worker to Water System
Operator and Maintenance Lead Worker to Water System Lead Operator
Adopted
COUNCIL MINUTES, APRIL 13, 2004
TABLE OF MINUTE ACTIONS (CONTINUED)
ACTION
Adopted
PAGE NO.
8Res. #6754 Modifying sick-leave payoff at retirement program
provided in MOU for DCEA/Maintenance Unit & MOU for DPOA
Ordinance amending Section 3 186 of Downey Municipal Code
relating to Speed Limits for Stewart & Gray Rd.
Agrmt. w/Shelton Food & Beverage, Inc. for food & beverage operation
at Rio Hondo Clubhouse.
Res. # 6755 designating April 24th as Day of Remembrance of the
Armenian Genocide
CC # S.S. 533/547, Firestone Blvd. traffic signal synchronization -
Contract with GMC Engineering
Res. # 6746 Public Road Crossing agreement w/Union Pacific Railroad
for work within railroad right-of-way
Regulation for Self Storage/Mini Warehouses report
Purchase & installation of equip. to meet pollution control rqrmts.
of the LA River Trash TMDL
Apollo Park playground renovation
Award contract for HVAC preventative maintenance to EMCOR Srvc.
Res. # 6747 adopting new class specs & establishing position & salary
range for Deputy Building Official
Res. # 6748 Parking spaces for 8 141 Firestone Blvd., Business
Brokerage Network of California
R.es. # 6749 General Services agreement w/LA County
Council Member Requests for Future Agenda Items
Adjournment to 6:30 p.m., April 27, 2004
Introduced 8
Approved 8
Adopted 10
Approved 10
Adopted 11
Rec. & Filed
Rec. & Filed
11
11
Approved
Approved
Adopted
11
11
12
12
13
14
14
Adopted
Adopted
014725
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
APRIL 13, 2004
The City Council of the City of Downey held a Regular Meeting at 7:38 p.m., April 13, 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
Erik Sun(i, Purchasing Manager
Linda Haines, Building Official
William Davis, Business Development Manager
Ed Velasco, Housing Manager
Thad Phillips, City Librarian
Carol Webb, Library Assistant
Susan Domen, Executive Secretary
COUNCIL MEMBER ANNOUNCEMENTS
Council Member Perkins complimented the Downey Police Department regarding a letter
received from the Assistant Principal of Downey High School which thanked them for the
outstanding job they are doing on that campus; and informed the audience that the City is entering
into it’s Budget Study Session period and due to the State taking property tax and sales tax revenues
from local governments, every City department will have to make cutbacks this fiscal year.
Council Member Trejo complimented the Community Services Department on the great job
they did hosting the SCMAF basketball tournament that was recently held in Downey.
City Council Minutes 04/13/04 -1-
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MaYor Pro Tempore McCarthy stated that he had a petition available for signing after the
meetlng9 in regards to prohibiting the State from taking money away from local governments;
mentioned that on March 27th he attended the ARC Walk fundraiser and enjoyed joining with the
CitY emploYees; on April 3rd attended the annual Library Volunteer Recognition Luncheon;
announced that on April 19th the Library will be hosting Rafe Esquith! author of “There Are No
Shortcuts“; announced that on April 22nd the Second Century Foundation is hosting a City Hall Open
House from 3:30 p.m. – 7:00 p.m.; noted that the Los Angeles Business Journal had an article listing
the Kaiser Permanente Hospital project as the 3rd largest construction project in L. A. County; and
thanked the Downey Patriot for the article featuring Downey Police Officer Jamie Pelayo who
recently returned to work after serving 1 1 months as a staff sergeant with the U.S. Army in Iraq.
Mayor Cartozian also praised the Downey Patriot for their article on Police Officer Jamie
Pelayo returning from Iraq; recently attended a Downey Symphonic Society event featuring conductor
Tom Osborn at the Downey Theatre; recently represented the City of Downey staying a few days with
the Mayor of Ensenada which is one of Downey’s Sister Cities; attended the recent Library Volunteer
Recognition Luncheon; will be attending Citizens for Downey tomorrow morning as a guest speaker;
indicated that Priscilla Hernandez, a field Deputy for Governor Schwarzenegger attended the Gangs
out of Downey meeting last week; announced that he will be reading to children at the Downey City
Library’s Meet the Mayor Storeytime on April 20th at 10:30 a.m.; and announced the Open House at
City Hall on April 22nd.
PRESENTATIONS
The Mayor’s Acedemic.' Excellence Award was presented to Jorge Llamas, a Senior at
Downey High gchool . He has a 4.7 GPA. volunteers with various organizations and will be
attending Boston University.
Mayor Cartozian presented a Proclamation declaring April 18-24, as National Library Week
to Tabitha and Christiana Colacion, library patrons and LibrarY AdvisorY Board Members Janlce
Allen, Paul Yokota and Dr. Edward Mongan.
Mayor Cartozian presented a Proclamation declaring April as Sexual Assault Awareness
Month.
Mayor Cartozian presented a Proclamation declaring April as Earthquake Preparedness Month
to Fire Chief Sauter.
Mayor Cart.ozian presented a Proclamation declaring April 18 – 25 as DaYS of Remembrance
in memory of the victims of the Holocaust including the Jews of HungarY
Mayor Cartozian presented a Proclamation declaring April 18 – 24 as SafetY Seat Checkup
Week.
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PUBLIC HEARINGS
1.APPEAL, ZONE VARIANCE #03-112 FOR 10921 HALCOURT AVENUE
(PROPERTY OWNERS: ANTHONY AND SILVIA MAGDALENO; APPELLANT:
IRMA MARQUEZ-CASTILLO) – REDUCE REAR YARD SETBACK ON
PROPERTY ZONED Rl-5,000 (SINGLE-FAMILY RESIDENTIAL): RESOLUTION
DENYING THE APPEAL AND APPROVING THE ZONE VARIANCE.
Mayor Cartozian opened the Public Hearing at 8:10 p.m. City Clerk Midstokke affirmed
receipt of the Proof of Publication. It was moved by Mayor Pro Tempore McCarthy, seconded by
Council Member Trejo and so ordered to receive and file.
A staff report was given by Assistant Director of Community Development/City Planner
Yoshiki which included a Power Point presentation explaining the logistics of the property, the
proposed improvements and what is allowed per the Municipal Code. He then responded to
questions from Council noting that a ten-foot setback is allowable by the Planning Commission. He
pointed out that the corner of the second story is cut ofF to accommodate the ten-foot setback
requirement on the living quarters of the addition. The Planning Commission imposed bathroom
window requirement of six-feet would be from the floor of the second story to the bottom of the
window. He also stated that the shape of this property is very unique and it may be a remnant piece
created by the County of Los Angeles in their original subdivision.
Irma Marquez-Castillo, Appellant, stated that her concerns relate to safety, privacy and the
value of her property. She noted that the closeness of the proposed changes would create safety
issues in the event of a fire, the second story would encroach on her privacy and the project would
block any view and air circulation therefore decreasing the value of her property. She submitted
papers with signatures of neighbors (five) opposed to the project and photographs.
Maria de Arbos, who residence is in front of Ms. Castillo’s, stated her concerns including
safety in the event of a fire, security issues and view blockage indicating the she is in favor of the
granting of the appeal.
Jesus Ramirez, indicated that he is a new homeowner and opposes the variance request (in
favor of the granting of the appeal) based upon safety, privacy and property values.
Rafael Salas, Pico Rivera, designer for the property owners, indicated that the odd shape of
the lot creates a hardship for the owners. He stated that they have gone through the proper process of
getting neighbors approval and got all of them but one, the appellant. He explained that they had
addressed the fire issues by upgrading the walls to a fire retardant gypsum board with a twenty-
minute fire rating. He expressed that the improvements would increase the property value for the
subject property and therefore would help increase the value of the surrounding properties. The home
is an 850 square foot home for a family of six that is trying to make room to accommodate the family.
He submitted three Acknowledgment Forms signed by the neighbors. In response to Council
Member Bayer, Mr. Salas indicated that even if the pool was not present, the twenty-foot setback
could not be met.
Bruce Derflinger, Halcourt resident, spoke in favor of the project indicating there are a lot of
additions in the neighborhood and thinks his property value will be increased.
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Irma Marquez-Castillo, appellant, spoke in rebuttal stating that the applicants did ask her three
times to sign the agreement form and that each time she brought forth her concerns of safety, privacy
and all the issues she raised previously. She also stated that there is only one two-story house in the
tract at this time. She submitted records of these conversations.
It was moved by Council Member Trejo, seconded by Council Member Perkins and so
ordered to close the Public Hearing at 8:38 p.m.
Assistant Director Yoshiki responded to questions from Council stating that there are at least
two structures in the area that are two-story and that per City code two-story additions to family
housing are allowed by right without a public notice unless there is an entitlement process.
Mayor Pro Tempore McCarthy stated that both parties have valid interests and concerns and
that his sympathies are lying with the appellant at this time due to the fact of the odd shape of the
property and the effect on her property.
Council Member Bayer thanked everyone for coming and supporting their views tonight.
Council Member Perkins stated that the project would improve the value of the property but
safety is always a concern. He would like it to return to the Planning Commission and see if they can
give it a ten-foot setback in the rear yard.
Council Member Trejo stated that there are valid arguments for both sides and perhaps
Council Member Perkins’ suggestion is the solution.
Mayor Cartozian mentioned that he echoes the comments stated previously by other Council
Members and that it is a tough property that is not very common. He asked the appellant if she liked
the proposed compromise. Ms. Castillo indicated that the safety concern remain.
Council Member Perkins noted that the applicants stated that they would put in sprinklers and
that would address the safety concerns. Ms. Castillo agreed that with the ten-foot setback and fire
sprinklers the safety issue would be solved.
Mayor Pro Tempore McCarthy stated that perhaps the homeowner should be asked if they are
agreeable to any of the proposed changes before they went any further.
City Attorney Vose noted that the Public Hearing needed to be re-opened to allow further
testimony and to note that the applicants previous comments should be included as part of the public
record
It was moved by Council Member Perkins, seconded by Mayor Pro Tempore McCarthy and so
ordered to re-open the Public Hearing (at 8:55 p.m.) and to include previous testimony by
applicant.
Mr. Salas clarified that they were not installing fire sprinklers. He stated that normal setback
for a garage is four-feet which is sometimes modified to three-feet and that they are not building any
living space beyond the ten-foot setback.
City Council Minutes 04/13/04 -4-
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Mr. and Mrs. Magdaleno, property owners, came forward and stated that they are willing to do
whatever the Building Department requires of them, they just want some more room for their family.
It was moved by Council Member Trejo, seconded by Council Member Perkins and so
ordered to re-close the public hearing at 9:03 p.m.
It was moved by Council Member Trejo, seconded by Mayor Cartozian and failed by the
following vote to waive further reading and adopt the resolution denying the appeal and
approving Zone Variance No. 03-112.
AYES :
NOES :
Trejo, Mayor Cartozian
Bayer, McCarthy, Perkins
After the vote failed City Attorney Vose responded to Mayor Cartozian’s inquiry of
alternatives allowed at this point by outlining the options.
It was moved by Council Member Perkins, seconded by Mayor Pro Tempore McCarthy and
unanimously carried to continue the Public Hearing to May 11 (amended to May 25, see below)
and refer the item back to the Planning Commission for further recommendations as it relates
to a ten-foot setback.
It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Perkins and
unanimously carried to amend the previous action and continue the Public Hearing to May 25.
ORAL COMMUNICATIONS
Lennie Whittington, resident of Downey, expressed that he feels that the redevelopment
monies for the facade improvement program are ridiculous.
Richard Pridham, resident of Downey, expressed that he has had a long term concern
regarding what is going down the storm drains, especially debris blown by gardeners and that there
are reasonable measures that can be taken.
Russell Rankin, resident of Downey, indicated he is once again requesting that the City do
something about the size of the large homes being built on small lots and that the City should have a
Historical/Architectural Commission to review residential construction.
CONSENT CALENDAR – ITEMS FOR REMOVAL
4.CASH CONTRACT # S.S. 533/547 – FIRESTONE BOULEVARD TRAFFIC SIGNAL
SYNCHRONIZATION: AWARD CONTRACT TO GMC ENGINEERING FOR
$947,000: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AUTHORIZING THE MAYOR TO EXECUTE THE “EXISTING PUBLIC ROAD
CROSSING AGREEMENT” WITH UNION PACIFIC RAILROAD FOR WORK
WITHIN THE RAILROAD RIGHT-OF-WAY: was removed at the request of Mayor
Cartozian and is listed under Other Business below.
City Council Minutes 04/13/04 -5-
014730
9.REGULATION FOR SELF STORAGE/MINI WAREHOUSES REPORT : was removed
at the request of Mayor Pro Tempore McCarthy and is listed under Other Business below.
10.PURCHASE AND INSTALLATION OF EQUIPMENT TO MEET POLLUTION
CONTROL REQUIREMENTS OF THE LOS ANGELES RIVER TRASH TOTAL
MAXIMUM DAILY LOAD (TMDL): was removed at the request of Mayor Pro Tempore
McCarthy and is listed under Other Business below.
11.APOLLO PARK PLAYGROUND RENOVATION: APPROPRIATE 576,1 OO IN
BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION GRANT
FUNDS; AND APPROVE AGREEMENT WITH CASRON SERVICES FOR $62,028:
was removed at the request of Mayor Pro Tempore McCarthy and is listed under Other
Business below.
] 2.AWARD CONTRACT TO EMCOR SERVICE FOR CITY FACILITIES FOR
HEATING, VENTILATION AND AIR CONDITIONING (HVAC) PREVENTATIVE
MAINTENANCE FOR 21,528: was removed at the request of Mayor Pro Tempore
McCarthy and is listed under Other Business below.
15.A RESOLUTION OF THE CITY COUNCIL OF DOWNEY ADOPTING A NEW
CLASS SPECIFICATION AND ESTABLISHING THE POSITION AND SALARY
RANGE FOR THE DEPUTY BUILDING OFFICIAL AND DESIGNATING THIS
CLASSIFICATION AS MIDDLE MANAGEMENT. was removed at the request of
Council Member Perkins and is listed under Other Business below.
16.A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF DOWNEY
WAIVING THE REQUIRED NUMBER OF PARKING SPACES (3) AND
ACCEPTING A FEE FOR 8141 FIRESTONE BOULEVARD, BUSINESS
BROKERAGE NETWORK OF CALIFORNIA: was removed at the request of Guy
Sterner and is listed under Other Business below.
17.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AUTHORIZING EXECUTION OF A GENERAL SERVICES AGREEMENT WITH
THE COUNTY OF LOS ANGELES: was removed at the request of Council Member
Perkins and is listed under Other Business below.
CONSENT CALENDAR
It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Trejo and
unanimously carried to waive further reading of the Resolutions and approve the remainder of
the Consent Calendar items as recommended:
2.COUNCIL MINUTES: ADJOURNED REGULAR MEETING, MARCH 23. 2004:
Approve.
3.COUNCIL MINUTES: REGULAR MEETING, MARCH 23, 2004: Approve.
City Council Minutes 04/13/04 -6-
. 014731
5.WARRANTS ISSUED: 193776 – 194364; WIRE NUMBERS 202-203, 30000775-790;
$4,359,721.81: Approve.
6.2004 INVESTMENT POLICY FOR PUBLIC FUNDS OF THE CITY OF DOWNEY
AND ITS RELATED ENTITIES: Approve.
7.CHAMBER OF COMMERCE STREET FAIRE PERMIT(MAY 1, 2004): APPROVE
THE REQUEST AND PERMIT THE CLOSURE OF BROOKSHIRE AVENUE FROM
FIRESTONE BOULEVARD TO CIVIC CENTER DRIVE: Approve.
8.SET PUBLIC HEARING FOR MAY 11 TO CONSIDER THE 2004-05 APPLICATION
AND ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
AND HOME INVESTMENT PARTNERSHIP GRANTS: Approve.
13.APPROVE AN INCREASE OF $50,000 TO THE CONTRACT WITH RAUCH
COMMUNICATIONS CONSULTANTS FOR THE GROUNDWATER
CONJUNCTIVE USE PROGRAM IN WEST AND CENTRAL BASINS: Approve.
14.MODIFICATIONS TO AGREEMENT WITH COALITION FOR ENVIRONMENTAL
PROTECTION RESTORATION AND DEVELOPMENT (CEPRD): Approve.
18.LAKEWOOD BOULEVARD UNDERGROUND UTILITY DISTRICTS:
RESOLUTION NO. 6750 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING AN UNDERGROUNDING UTILITY DISTRICT ALONG THE
LENGTH OF LAKEWOOD BOULEVARD FROM FIFTH STREET TO IMPERIAL
HIGHWAY AND CAUSING ALL SPECIFIED UTILITIES TO BE RELOCATED
UNDERGROUND (DISTRICT NO. 18).
RESOLUTION NO. 6751 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DECLARING ITS INTENTION TO ESTABLISH UNDERGROUNDING UTILITY
DISTRICT ALONG THE LENGTH OF LAKEWOOD BOULEVARD FROM
IMPERIAL HIGHWAY TO THE 1-105 FREEWAY AND CAUSING ALL SPECIFIED
UTILITIES TO BE RELOCATED UNDERGROUND (DISTRICT NO. 19): and set
Public Hearing for July 27.
19.RESOLUTION NO. 6752 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE MANAGEMENT COMPENSATION PLAN AS IT RELATES TO
THE CLASSIFICATION OF SYSTEMS/NETWORK ENGINEER.
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014732
20.RESOLUTION NO. 6753 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
CHANGING THE TITLE OF MAINTENANCE WORKER TO WATER SYSTEM
OPEn(TOR AND MAINTENANCE LEAD WORKER TO WATER SYSTEM LEAD
OPERATOR IN THE WATER AND SANITATION DIVISION.
21.RESOLUTION NO. 6754 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
MODIFYING THE SICK-LEAVE PAY-OFF AT RETIREMENT PROGRAM
PROVIDED IN THE MEMORANDUM OF UNDERSTANDING FOR THE DOWNEY
CITY EMPLOYEES ASSOCIATION/MAINTENANCE UNIT AND THE
MEMORANDUM OF UNDERSTANDING FOR THE DOWNEY POLICE
OFFICERS’ ASSOCIATION.
ORDINANCES
22.PROPOSED ORDINANCE REGARDING SPEED LIMITS FOR STEWART & GRAY
ROAD.
Public Works Director Alvarez presented a staff report stating that due to the results of a
recent traffic study it is being recommended that the speed limits be kept the same except for the
segment between Bellflower Boulevard and Lakewood Boulevard where the existing speed limit is 40
mph and the proposed speed limit is 35 mph.
Mayor Cartozian inquired as to the reasoning for lowering the speed limit on this segment and
was informed it is based on the average speed of drivers throughout the day.
ORDINANCE NO. (1NTRODUCE)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING
TO SPEED LIMITS FOR STEWART AND GRAY ROAD.
City Clerk Midstokke read the title of the Ordinance. It was moved by Mayor Pro Tempore
McCarthy, seconded by Council Member Perkins and unanimously carried to waive further reading
and introduce the Ordinance.
ADMINISTRATIVE REPORTS
23.AGREEMENT WITH SHELTON FOOD AND BEVERAGE, INC. FOR THE FOOD
AND BEVERAGE OPERATION AT RIO HONDO CLUBHOUSE.
Community Services Director Kehoe presented a report on the process the City went through
in the selection of a new vendor for food services at Rio Hondo Clubhouse.
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. 0'.4733
Council Member Perkins stated that he would like section C on page 3 eliminated as he felt
the contractor would be able to determine this on his own.
Council Member Trejo expressed that he was glad to see a no fault termination clause and
questioned why on Page 2, 1tem 4-Fiscal Impact, does the percentage to the City decrease with the
increase in revenue to the vendor and whether the subcommittee had agreed upon this in advance.
Community Services Director Kehoe explained that as the revenue increases so will the
vendor’s costs and it would be fair for him to keep the same profit margin.
Council Member Bayer expressed her thanks to Community Services Director Kehoe and her
department and also to Public Works Director Alvarez and his department and to the Subcommittee
for their work and diligence on the entire project.
Mayor Pro Tempore McCarthy mentioned that he has seen the performance that the vendor
has shown at the Snack Shack and other events already and believes it to be an excellent choice.
It was moved by Council Member Perkins, seconded by Council Member Trej o and
unanimously carried to approve the agreement with the amendment of striking paragraph C on
page 3.
Prior to the vote Council Member Perkins thanked Directors Kehoe and Alvarez for keeping
the project on schedule and under budget.
Council Member Trej o stated that he is happy with the contract and thanked Directors Kehoe
and Alvarez for their guidance in the selection process.
Mayor Cartozian mentioned that he is happy with the agreement and satisfied with the
Sheltons facilities and performance and is ready for a tour when the kitchen is finished.
OTHER BUSINESS
24.MAYOR CARTOZIAN – CONSIDER ADOPTING A RESOLUTION DESIGNATING
APRIL 24TH OF EACH YEAR IN THE CITY OF DOWNEY AS A “DAY OF
REMEMBRANCE OF THE ARMENIAN GENOCIDE”.
Mayor Cartozian explained his reasoning for bringing this item forward to Council. He gave a
brief description of the events that occurred in Armenia and read the proposed resolution stating that
he believes strongly that it needs to be recognized.
Council Member Trejo asked if this designation is for April 24th of every year. Mayor
Cartozian responded that yes it is, but that it would be up to the Council every year to make it a public
item or not. Council Member Trejo then inquired if other groups with political issues would be
allowed to bring forward similar designations related to their issue. Mayor Cartozian stated that
anyone is allowed to bring forward any designation for consideration. Council Member Trejo stated
his respect and support for this item.
City Council Minutes 04/13/04 -9-
014734
Mayor Pro Tempore McCarthy explained that he supported the resolution, but had some
concerns about the 3rd Whereas being accusatory and suggested either removing it or postponing the
decision so that the Council could receive further information.
After brief discussion, Mayor Cartozian agreed to reword the third Whereas to state:
“ Whereas, modern Turkey continues to deny the facts of this first genocide of the 20th Century;
and
Harold Tskelnis, resident of Downey, spoke in support of the Resolution as it was presented
by Mayor Cartozian and stated that it is a matter of record that the Turkish government fought it
going to Congress.
RESOLUTION NO. 6755 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DESIGNATING APRIL 24TH OF EACH YEAR AS A CITY DAY OF
REMEMBRANCE OF THE ARMENIAN GENOCIDE.
City Clerk Midstokke read the title of the Resolution. It was moved by Mayor Cartozian and
seconded by Council Member Perkins and carried by the following vote to adopt the resolution as
amended.
AYES: McCarthy, Perkins, Trejo, Mayor Cartozian
NOES: Bayer
OTHER BUSINESS – Consent Calendar – Items removed by Council Approval:
4..CASH CONTRACT # S.S. 533/547 – FIRESTONE BOULEVARD TRAFFIC SIGNAL
SYNCHRONIZATION: AWARD CONTRACT TO GMC ENGINEERING FOR
8947,000.
Mayor Cartozian stated that he wanted to bring to the public’s attention the great work that
staff is doing on getting our street signals updated.
Harold Tselkenis, resident of Downey, mentioned that he hoped this would help to fix the
sidewalk issues at Paramount and Firestone Boulevards and it was explained that this does not
address that situation as that is a property owner issue.
City Clerk Midstokke read the title of the Resolution. It was moved by Mayor Cartozian,
seconded by Mayor Pro Tempore McCarthy and unanimously carried to approve Cash Contract No.
S.S. 533/547 – Firestone Boulevard Signal Synchronization and award contract to GMC
Engineering; and, to waive further reading and adopt the resolution.
Prior to the vote, Mayor Pro Tempore McCarthy inquired as to what it meant by flagging.
Public Works Director Alvarez responded that during construction the operating of the traffic arms
would be coordinated with the contractor and/or provide personnel if needed, to control the
rntersectron.
City Council Minutes 04/ 13/04 - 10-
014735
RESOLUTION NO. 6746 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY TO
EXECUTE THE EXISTING “PUBLIC ROAD CROSSING AGREEMENT” WITH
UNION PACIFIC RAILROAD FOR WORK WITHIN RAILROAD RIGHT-OF-WAY.
9.REGULATION FOR SELF STORAGE/MINI WAREHOUSES REPORT.
Mayor Pro Tempore McCarthy explained that he had brought this matter forward before and
thanked staff for their efforts in defining the areas. He believes there is consideration for specific
property configurations.
It was moved by Mayor Pro Tempore McCarthy, seconded by Mayor Cartozian and
unanimously carried to receive and file the report.
10.PURCHASE AND INSTALLATION OF EQUIPMENT TO MEET POLLUTION
CONTROL REQUIREMENTS OF THE LOS ANGELES RIVER TRASH TOTAL
MAXIMUM DAILY LOAD (TMDL).
Mayor Pro Tempore McCarthy mentioned that this item would address the concerns
mentioned by Mr. Pridham under Oral Comments.
City Manager Caton explained that staff would like to change the recommendation on this
item to be receive and file and to be reconsidered during the budget study sessions.
It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Perkins and
unanimously carried to receive and file and bring this item forward for consideration during
budget study sessions.
11.APOLLO PARK PLAYGROUND RENOVATION: APPROPRIATE $76,100 1N
BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION GRANT
FUNDS; AND APPROVE AGREEMENT WITH CASRON SERVICES FOR $62,028.
Council Member Trejo inquired if the other parks are being considered for these
improvements. Community Services Director Kehoe explained that Wilderness and Dennis the
Menace parks have already undergone these improvements and they are rotating throughout the parks
in the City.
It was moved by Council Member Trejo, seconded by Council Member Perkins and
unanimously carried to appropriate $76,100 in Beverage Container Recycling and Litter
Reduction Grant Funds; and approve agreement with Casron Services for $62,028.
12.AWARD CONTRACT TO EMCOR SERVICE FOR CITY FACILITIES FOR
HEATING, VENTILATION AND AIR CONDITIONING (HVAC) PREVENTATIVE
MAINTENANCE FOR $21,528.
Mayor Pro Tempore McCarthy questioned the travel expense on service calls. Public Works
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Director Alvarez clarified that the expense is on after hours, emergency calls.
It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Perkins and
unanimously carried to award contract to Emcor service for City facilities for heating, ventilation
and air conditioning (HVAC) preventative maintenance for 821,528.
15.RESOLUTION NO. 6747 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF DOWNEY ADOPTING A NEW
CLASS SPECIFICATION AND ESTABLISHING THE POSITION AND SALARY
RANGE FOR THE DEPUTY BUILDING OFFICIAL AND DESIGNATING THIS
CLASSIFICATION AS MIDDLE MANAGEMENT.
Council Member Perkins inquired if there would be any expenses for the office at the NASA
facility and was informed by City Manager Caton that Building Official Haines would be spending
the major part of her time at the site which the Downey Studios had offered an office for use and the
other part of her time at City Hall located near Director George’s office.
Building Official Haines responded to questions from Council Member Perkins stating that
she will go from supervising eight positions in her current position to supervising the Building
Contract Inspector and working with all three developers in addition to the persons responsible for the
park and the learning center.
City Manager Caton explained the hourly expectations of the contractor and that there is not
an increase in salary for this position but the goal is to get the senior person over to the site and to
reward the person filling in for the position here and to compensate them. When the project is over in
four years she would return to City Hall and resume her current duties. Council Member Perkins then
wished her well in the new position.
Council Member Trejo stated that this is an excellent idea and inquired if she would be in
charge of the Park and Museum projects over there as well. City Manager Caton confirmed that she
would be.
City Clerk Midstokke read the title of the Resolution. It was moved by Council Member
Perkins, seconded by Mayor Pro Tempore McCarthy and unanimously carried to waive further
reading and adopt.
Prior to the vote Mayor Cartozian echoed the sentiments of the other Council Members and
stated hrs concern that the person taking on this position needs to be prepared to wear many hats.
16.RESOLUTION NO. 6748 (ADOPT)
A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF DOWNEY
WAIVING THE REQUIRED NUMBER OF PARKING SPACES (3) AND
ACCEPTING A FEE FOR 8141 FIRESTONE BOULEVARD, BUSINESS
BROKERAGE NETWORK OF CALIFORNIA.
Guy Stemer, resident, stated that he had adjoining property to this location and asked if the
adoption of this resolution would grant them ingress and egress use of his property.
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City Attorney Vose responded that the Council’s action would have no effect on any existing
rights and that only a court could determine that. Business Development Manager Davis clarified that
he had spoken with Mr. Sterner and Mr. Parmar, owner Business Brokerage Network of California,
and related this information to them on more than one occasion and that Mr. Sterner and Mr. Parmar
had also had conversations in regards to it.
Council discussion clarified that the City does not have the legal right to grant access across
Mr. Sterner’s property and by approving this Resolution they are not doing so. If in the future Mr.
Parmar looses access to the nine spaces currently available to him, the City will have the right at that
time to grant him the use of more spaces in the City parking structure. In response to the inquiry of
postponing until there is proof of an agreement between them, the City does not have the legal right to
force the issue.
Council Member Trejo asked why this has become a problem now when the situation has
been there for many years and delaying this would not be fair to the property owner.
City Clerk Midstokke read the title of the Resolution. It was moved by Council Member
Trejo, seconded by Mayor Pro Tempore McCarthy and carried by the following vote to adopt.
AYES :
NOES :
McCarthy, Perkins, Trejo, Mayor Cartozian
Bayer
It was further moved by Mayor Cartozian, seconded by Mayor Pro Tempore McCarthy and
unanimously carried to waive further reading of the Resolution.
17.RESOLUTION NO. 6749 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AUTHORIZING EXECUTION OF A GENERAL SERVICES AGREEMENT WITH
THE COUNTY OF LOS ANGELES.
Council Member Perkins expressed his concerns over the in-equality of the termination clause
of this agreement and the hourly costs listed on page one. He suggested staff look at this contract
agaIn
City Attorney Vose explained that this is a standard contract the County has with every City in
it’s boundaries and they will not accept any amendments to it. He stated that the City always has the
option of not using them.
Council Member Perkins suggested that staff look into finding other sources for these
services.
It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Trejo and
carried by the following vote to adopt.
AYES :
NOES :
McCarthy, Trejo, Mayor Cartozian
Bayer, Perkins
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It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Trejo and
failed by the following vote to waive further reading of the Resolution (requiring an unanimous
vote)
AYES :
NOES :
Bayer, McCarthy, Trej o, Mayor Cartozian
Perkins
The entire text of the resolution was read by Mayor Cartozian.
OTHER BUSINESS – Council Member Requests for Future Agenda Items
Council Member Perkins requested that staff look into alternate providers of services covered
under the General Services Agreement with the County of Los Angeles.
Council Member Bayer reminded everyone to attend Citizens for Downey tomorrow morning
at 7:00 a.m. at Mimi’s Restaurant.
Mayor Cartozian referenced the comments of Lennie Whittington earlier tonight regarding the
downtown fagade program indicating that it was not set up just for particular types of businesses, but
is for overall external improvements for business frontages.
ADJOURNMENT: 11:29 p.m.
The meeting adjourned in memory of Marcelina Alvarez, mother of Desi Alvarez,
Director of Public Works; Billie Jean Ballou, mother of Sgt. Richard Ballou; Robert Hansen,
father of Detective Chris Hansen; and Silvio Olivotto, Downey resident to 6:30 p.m., April 27,
2004, in the Council Chamber of Downey City Hall.
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KA'THLEEN L. MDSTOm J, City Clerk\\\
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