HomeMy WebLinkAboutMinutes - 05-11-04 - Regular Meeting014747
MINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
MAY 11, 2004
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:40 p.m., May 11, 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 at 6:41 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
Darrell George, Director of Community & Economic Development
John Michicoff, Director of Finance
Steven Yee, Economic Development Coordinator
Ed Velasco, Housing Manager
APPROVAL OF CLOSED SESSION MINUTES
It was moved by Council Member/Commissioner Perkins, seconded by Council
Member/Commissioner Trejo and carried 4/0 to approve the Closed Session Minutes of April 27,
2004
RECESS TO CLOSED SESSION
Mayor/Chairman Cartozian announced the Council/Commission is recessing to Closed
Session (6:42 p.m.) to discuss matters under the authority of the following sections of the
Government Code:
1. SECTION 54956.8 – Conference with real property negotiators Darrell George, re:
property at 9066 Firestone Boulevard; negotiating party: Foundations, LLC; under
negotiation; price and terms of payment.
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2. SECTION 54956.8 – Conference with real property negotiator Darrell George re: property
at 11528 Adco Avenue; negotiating party: Long Beach Affordable Housing Coalition;
under negotiation: price and terms of payment.
3. SECTION 54956.8 – Conference with real property negotiators Gerald Caton and Darrell
George re: property at 9255 Imperial Highway; negotiating party: Spartan Lacquer and
Paint Corp.; under negotiation: price and terms of payment.
4. SECTION 54956.9, Subdivision (a) – Conference with legal counsel – existing litigation:
Becena vs. City of Downey, et al., U.S. District Court case #CV03-4954 SVW (SHSx).
The meeting reconvened in open session at 7:35 p.m. with all Council Members/-
Commissioners present. There were no Closed Session actions to report.
The meeting recessed at 7:35 p.m.
ORAL COMMUNICATIONS
The meeting reconvened for Oral Communications at 8:30 p.m. with all Council
Members/Commissioners present (see Oral Communications under Regular City Council Meeting)
and recessed at 8:38 p.m.
The meeting reconvened at 9:38 p.m. with all Council Members/Commissioners present.
There were no Closed Session actions to report.
ADJOURNMENT: 9:38 p.m.
KATHLEEN L. MIDST9KKE, City Clerk/Secretary Mayor/ChairmanKIRK o. CARTOZ:
City Council/Community Dev. Comm. Minutes (adj .) 05/11/04 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
MAY 11, 2004
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Council Member Announcements
Presentations 2
2
3
3
4
4
PH 2004-2005 Application & Action Plan for CDBG Block Grant
Oral Communications
Consent Calendar Items Removed
Council Minutes: Adj . & Reg. Meetings 04/13/04
Warrants: # 194742 – 195128; Wire Nos. 215, 30000799-806;
$2,397,152.86
Proposed Affordable Housing Project at 1 1528 Adco Avenue
Appropriate $94,079 of Federal Local Law Enforcement Funds
for Law Enforcement Support Program
Refer Appeal of Denial of Police Permit Application, Young Ae Oh
to a Hearing Officer
Refer Appeal of Denial of Police Permit Application, Tamae Akita
to a Hearing Officer
Reso. No. 6760 Engineer’s Report for Assessments within Lighting &
Landscaping District A.D. 121 for FY 2004-05
Reso. No. 6761 1ntent to Collect Assessments in Lighting & Landscaping
District A.D. 121 for FY 2004-05
Set Public Hearing to set Assessments for Street Lighting & Landscaping
Operations & Maintenance
Reso. No. 6762 Establishing All-way Stop at Wiley Burke & Cecilia
Intro. Ord. Amending Article III of DMC, Adoption of 2001 CA Fire
Code, Incorporating Uniform Fire Code
City Council Minutes 05/11/04
Approved
Approved
Approved
Approved
Approved
4
4
4
4
4
5
5
Approved
Approved
Adopted
Adopted
Set 06/08/04
Adopted
Introduced
5
5
-1-
COUNCIL MINUTES, MAY 11. 2004
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT
Administrative Report on Criteria for Naming of City Facilities
Naming Civic Center Location after Kenneth Miller
Authority to Advertise for Bids for 12400 Clark Avenue Site Clearing
Agrmt. to Purchase Right-of-way Easement for Properties at 1 1445
Lakewood Blvd. & 8729 Cleta St., Lakewood Blvd. Improvement Proj .
Council Member Requests for Future Agenda Items
Staff Comments
Adjournment to 6:30 p.m., May 25, 2004
ACTION
Receive/File
Approved
Approved
Approved
PAGE NO.
5
6
7
7
8
8
8
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014749
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
MAY 11, 2004
The City Council of the City of Downey held a Regular Meeting at 7:43 p.m., May 1 1, 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
Ed Velasco, Housing Manager
Steven Yee, Economic Development Coordinator
Susan Domen, Executive Secretary
COUNCIL MEMBER ANNOUNCEMENTS
Council Member Trejo expressed his enjoyment and appreciation of the Kids Day Hall of
Fame Presentations.
Council Member Perkins attended the dedication and naming of the new Sports Center at
Downey High School after long time Downey Unified School District employee Donna Boose.
Council Member Bayer thanked Community Services Director Kehoe for the Kids Day event.
Mayor Pro Tempore McCarthy announced that he had attended last Friday’s track and field
event that both Downey and Warren High Schools teams participated in, which was held at Gan High
School
Mayor Cartozian recognized Downey Unified School District Board Member Tod Comin and
former Council Member Bob Winningham in the audience tonight; announced he had attended Kids
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O1'4 ?S€\
Day at Furman Park and the Hall of Fame event; enjoyed attending the recent Street Faire and the
water balloon activities; attended the National Day of Prayer on May 6th; attended Downey High
School Family Fun Night; attended the Donna Boose gym dedication; and thanked Ms. Persico at Rio
San Gabriel School for the opportunity to read to the first graders.
PRESENTATIONS
Mayor Cartozian presented a Certificate of Appointment to Mary Crawford, Library Advisory
Board, District 5 .
Mayor C'artozian presented a Proclamation declaring National Public Works Week, May 16 –
22 to Marsha Dawson, Public Works Maintenance Services Division.
Mayor Cartozian presented a Proclamation declaring May as Older Americans Month to Dan
Belling and Gene Sposts, 2004 Older American of the Year
A presentation was made by Rusty Long, Little Tikes Play Systems, of the California Parks
and Recreation Society 2003 Park Operations and Maintenance Award of Excellence to Mayor
Cartozian.
Mayor C'artozian presented a Proclamation declaring May as Veterans Appreciation Month to
Steve Sterry, Local Veterans representative.
Mayor Cartozian presented a Proclamation declaring May as Motorcycle Awareness Month to
John McDonald.
Mayor Cartozian presented Certificates of Appreciation along with awards presented by
YMCA Board Members, Jim Derry, Chairman of Board of Managers, George Saikali, Executive
Director, Tod Corrin and Bob Winningham; to Board Members Susanne Sundberg and Ron Kolar;
and to Judge Perkins of the Downey Kiwanis Foundation for their dedication and support to the
Downey Family YMCA.
PUBLIC HEARINGS:
1.2004-2005 APPLICATION AND ACTION PLAN FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP
GRANTS.
Mayor Cartozian opened the Public Hearing at 8:12 p.m. City Clerk Midstokke affirmed
receipt of the Proof of Publication. It was moved by Council Member Perkins, seconded by Council
Member Trejo and so ordered to receive and file.
Housing Manager Velasco presented a staff report outlining the breakdown of where the
monies are coming from and how they are proposed to be distributed. Next fiscal year, the City will
receive federal HUD funds in the amount of Sl,823,874 in CDBG and 8822,281 in HOME funds.
Additionally, staff estimates that the City would: 1) receive $190,000 in grant program income, 2)
carry over a $2.5 million loan from HUD, and 3) carry forward unspent CDBG and HOME funds
City Council Minutes 05/11/04
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from prior years for a combined total estimate of $7,294,838. These Grants are restricted funds and
must be used for activities that are consistent with HUD’s national objectives and the City’s approved
Consolidated Plan. Staff is recommending that the CDBG and HOME funds are allocated for the
same activities and programs approved in the previous fiscal year, and for the following three new
additional activities: two capital improvement projects, and a grant to one new nonprofit service
provider. One of the capital improvement projects will result in the improvement of a city owned
parking lot, and the second, will involve the repainting of the Barbara J. Riley Community and Senior
Center. A community service grant in the amount of $2,500 is recommended for the Downey Unified
School District supported True Lasting Connections (TLC) Family Resource Center.
Mayor Pro Tempore McCarthy commended staff for their work in putting this program
together and thanked them for including previous year’s information for reference.
Jeanette Gosdin, representing Southeast Los Angeles Special Olympics inquired if her
application was one of the approved programs and was informed that it was not. She was directed to
speak with Housing Manager Velasco for further information.
Noting no objections, it was so ordered by Mayor Canozian to close the Public Hearing at
8:22 p.m
Council Member Trejo commented that the programs are well used and he supports them.
Mayor Cartozian noted his appreciation to Housing Manager Velasco for his efforts in putting
the programs together.
It was moved by Council Member Perkins, seconded by Council Member Trejo and
unanimously carried to approve the 2004-2005 Action Plan, and authorize the City Manager to
submit the Action Plan and Grantee Certifications to the Department of Housing and Urban
Development.
ORAL COMMUNICATIONS
Myrtle Risley, resident of Downey complained about outside noise coming from a nearby
used car dealer last Sunday and Monday.
Russell Rankin, resident of Downey, addressed the issue of large homes and their negative
impacts on the neighborhoods.
Victoria Alexander, resident of Downey, complimented the Police Department and the graffiti
hot line.
CONSENT CALENDAR – ITEMS FOR REMOVAL
7.APPROVE CONSTRUCTION DOCUMENTS, SPECIFICATIONS AND GRANT
AUTHORITY TO ADVERTISE FOR BIDS FOR 12400 CLARK AVENUE SITE
CLEARING AND SOIL REMEDIATION PROJECT, was removed at the request of
Mayor Cartozian and is listed under Other Business below.
City Council Minutes 05/1 1/04 -3-
, 014752
8.AGREEMENT TO PURCHASE RIGHT-OF-WAY EASEMENT FOR PROPERTIES
LOCATED AT 11445 LAKEWOOD BOULEVARD AND 8729 CLETA STREET FOR
LAKEWOOD BOULEVARD IMPROVEMENT PROJECT, was removed at the request
of Mayor Pro Tempore McCarthy and is listed under Other Business below.
CONSENT CALENDAR
It was moved by Council Member Perkins, 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, APRIL 27, 2004:
Approve.
3.
4.
COUNCIL MINUTES: REGULAR NIEETING, APRIL 27, 2004: Approve.
WARRANTS ISSUED: 194742 – 195128; WIRE NUMBERS 215, 30000799-806;
$2,397,152.86: Approve.
5.PROPOSED AFFORDABLE HOUSING PROJECT AT 11528 ADCO AVENUE,
LONG BEACH AFFORDABLE HOUSING COALITION: AUTHORIZE STAFF TO
PURSUE AN AGREEMENT FOR TERMS AND CONDITIONS FOR FINANCING
THE PROPERTY AND RELEASE UP TO $40,000 1N FEDERAL HOME
INVESTMENT PARTNERSHIP GRAND FUNDS FOR PRE-ACQUISITION
DEPOSITS AND DUE DILIGENCE EXPENDITURES: Approve.
6.APPROPRIATE 894,079 OF FEDERAL LOCAL LAW ENFORCEMENT BLOCK
GRANT FUNDS FOR THE LAW ENFORCEMENT SUPPORT PROGRAM: Approve.
9.REFER APPEAL OF DENIAL OF POLICE PERMIT APPLICATION FOR
MASSAGE TECHNICIAN FOR YOUNG AE OH TO A HEARING OFFICER:
Approve.
10.REFER APPEAL OF DENIAL OF POLICE PERMIT APPLICATION FOR
MASSAGE TECHNICIAN FOR TAMAE AKITA TO A HEARING OFFICER:
Approve.
11.RESOLUTION NO. 6760 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE ENGINEER’S REPORT FOR ASSESSMENTS WITHIN
LIGHTING AND LANDSCAPING DISTRICT A.D. 121 FOR FISCAL YEAR 2004-
2005
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, 014753
RESOLUTION NO. 6761 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DECLARING ITS INTENTION TO LEVY AND COLLECT LIGHTING AND
LANDSCAPING ASSESSMENTS WITHIN LIGHTING AND LANDSCAPING
DISTRICT A.D. 121 FOR FISCAL YEAR 2004-2005.
SET A PUBLIC HEARING FOR JUNE 8, 2004, TO CONSIDER SETTING
ASSESSMENTS FOR STREET LIGHTING AND LANDSCAPING OPERATIONS
AND MAINTENANCE: Set Public Hearing.
12.RESOLUTION NO. 6762 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING AN ALL-WAY STOP AT THE INTERSECTION OF WILEY-
BURKE AVENUE AND CECILIA STREET+
13.RESOLUTION NO. 6763 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP NO. 60554 (11105-
11111 OLD RIVER SCHOOL RD), APPROVING AN AGREEMENT WITH THE
OWNER, AND ACCEPTING A SUBDIVISION IMPROVEMENT CASH DEPOSIT
AS SURETY.
ORDINANCES :
14.ORDINANCE NO. (1NTRODUCED)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING VARIOUS SECTIONS OF THE DOWNEY MUNICIPAL CODE,
ARTICLE III, CHAPTER 3 REGARDING ADOPTION OF THE 2001 CALIFORNIA
FIRE CODE, INCORPORATING THE UNIFORM FIRE CODE AND ARTICLE VI,
CHAPTER 11 REGARDING TEMPORARY FIRE/LIFE SAFETY SERVICES FOR
COMMERCIAL ACTIVITIES WITHIN THE CITY: Introduced.
ADMINISTRATIVE REPORTS
15.UPDATE OF CRITERIA FOR THE NAMING OF CITY FACILITIES.
Assistant to the City Manager Makshanoff presented a staff report outlining the five areas of
criteria that were adopted in 1997. He stated that a list with former Council Members and their terms
has been provided as well as a list of facilities that have been previously named in honor of certain
individuals. Staff is requesting input from Council and further direction.
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Mayor Pro Tempore McCarthy stated that the report was well outlined and appreciates that
fact that persons who are not politically affiliated are to be included for consideration. He suggested
that staff look to other cities locally to compare their policies.
Mayor Cartozian stated he was concerned with how the process is started and would like staff
to formulate some recommended procedures.
City Manager Caton mentioned that they had polled other cities and had found some
interesting criteria and will be happy to look into a procedural process of how the items get initiated.
Council Member Perkins stated that in the history of the City only seven facilities had been
named in honor of someone and only five of those were previous Council Members. The
consideration of these items, while many might be deserving, should not be taken lightly.
Council Member Trejo questioned if all five items were required to determine if they qualify
and was informed by City Manager Caton that this will be determined in the procedural process to be
developed. Council Member Trejo stated that he would like it to include that the person must have
had some significant impact on the facility to be named.
It was moved by Council Member Trejo, seconded by Council Member Perkins and
unanimously carried to receive and file the staff report and direct staff to come back with a
procedural process for the nomination of honorees.
OTHER BUSINESS
16.NAMING OF CIVIC CENTER LOCATION IN HONOR OF FORMER MAYOR AND
COUNCIL MEMBER KENNETH J. MILLER.
Mayor Pro Tempore McCarthy reported that the decision to honor former Mayor/Council
Member Miller was made at a previous Council meeting and tonight he was presenting the location
that staff had suggested after consideration of various sites.
Council Member Trejo noted that there are a number of issues on both sides of this item. He
expressed his agreement in the location and stated he had concerns on how this item had been
approached.
It was moved by Council Member Trejo and seconded by Mayor Pro Tempore McCarthy to
approve staff recommendation. This motion is restated below for clarity.
It was moved by Council Member Perkins to table this item until the procedures and criteria
for these items are finalized. The motion died for lack of a second.
Council Member Perkins expressed his concerns with the manner in which this item had been
approached and how it appears to have put pressure on the Council to decide quickly.
Mayor Pro Tempore McCarthy stated that based on the merit of this item, the recognition is
well deserved.
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014755
Mayor Cartozian expressed his disappointment with how this item had been approached and
complimented City Manager Caton for his handling of the situation. He noted that the recognition
was deserved based on merit.
Bob Wirmingham, former Council Member, expressed agreement with Council Member
Perkins comments and tabling this item until the procedures and criteria are finalized.
It was moved by Council Member Trejo, seconded by Mayor Pro Tempore McCarthy and
carried by the following vote to approve staff recommendation that the plaza between the Civic
Center’s Veteran’s Memorial and the Downey Theatre be named the “Kenneth J. Miller
Plaza
AYES :
NOES :
McCarthy, Trejo, Mayor Cartozian
Bayer, Perkins
OTHER BUSINESS – Consent Calendar – Items removed by Council Approval:
7.APPROVE CONSTRUCTION DOCUMENTS, SPECIFICATIONS AND GRANT
AUTHORITY TO ADVERTISE FOR BIDS FOR 12400 CLARK AVENUE SITE
CLEARING AND SOIL REMEDIATION PROJECT.
Mayor Cartozian inquired how the dollar figures were arrived at and was informed by Public
Works Director Alvarez that it is a cost estimate based on construction cost and is the based upon a
method commonly used. He then asked what the source of the funding would be and City Manager
Caton explained several options available.
Mayor Pro Tempore McCarthy mentioned that the arrangement of the property has changed
over the years.
It was moved by Mayor Cartozian, seconded by Council Member Perkins and unanimously
carried to approve staff recommendation.
8.AGREEMENT TO PURCHASE RIGHT-OF-WAY EASEMENT FOR PROPERTIES
LOCATED AT 11445 LAKEWOOD BOULEVARD AND 8729 CLETA STREET FOR
LAKEWOOD BOULEVARD IMPROVEMENT PROJECT.
Mayor Pro Tempore McCarthy commended staff for the acquisition of the properties for the
Lakewood Boulevard improvements and expressed his appreciation to Coca Cola for their good
citizenship shown in the deal on their property.
It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member ’frejo and
unanimously carried to authorize the Mayor to execute a right-of-way purchase agreement with
BCI Coca-Cola Bottling Company of Los Angeles, to obtain a permanent roadv,'ay easement
from the properties located at the west side of Lakewood Boulevard between the railroad track
and Cleta Street, for an amount of $1.00.
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Prior to the vote, City Manager Caton added his thanks to resident Lennie Whittington on his
help in opening up the doors of communication with Coca Cola on this item.
OTHER BUSINESS – Council Member Requests for Future Agenda Items
Council Member Perkins thanked those who spoke at Oral Communications and specifically
for Victoria in thanking the Police Department; reported that the NASA subcommittee is diligently
working on the retail portion of the development; and thanked those working on the golf course
Clubhouse project.
Council Member Trejo requested that a meeting of the City-School subcommittee be called to
discuss the development of the sports facilities at the high schools and middle schools; and that the
Neighborhood Preservation program formulate some future target areas.
Council Member Bayer announced that she will be attending the Citizens for Downey meeting
tomorrow at 7:00 a.m. at Mimi’s Caf6.
Mayor Pro Tempore McCarthy, addressing Russell Rankin’s comments, indicated that the
City Council is awaiting a staff report on the mansionization of residences and that this issue also will
be addressed at the upcoming neighborhood General Plan meetings.
Mayor Cartozian thanked staff for the follow-up on the Wiley Burke stop sign issue.
STAFF MEMBER COMMENTS:
City Manager Caton announced that last Friday the grading permit had been issued for the
Kaiser Hospital development site.
ADJOURNMENT: 9:36 p.m.
The meeting adjourned to 6:30 p.m., May 25, 2004, for a joint meeting with the Cable TV
Citizens Advisory Committee in the Council Chamber of Downey City Hall.
KATHLEEN L. MII)STOKKE, City Clerk tim:C–AmT ,N, Mayor
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