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Home My WebLink AboutMinutes - 07-13-04 - Regular Meeting014804 MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JULY 13, 2004 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:38 p.m., July 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 Tnjo Mayor/Chairmur 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 Steven Yee, Principal Planner Ed Velasco, Housing Manager Desi Alvarez, Director of Public Works / APPROVAL OF CLOSED SESSION MINUTES It was moved by Council Member/Commissioner Perkins, seconded by Mayor Pro Tempore/Vice-Chairman McCarthy and unanimously carried to approve the Closed Session Minutes of June 22 and June 29, 2004. RECESS TO CLOSED SESSION Mayor/Chairman Cartozian announced the Council/Commission is recessing to Closed Session (6:44 p.m.) to discuss matters under the authority of the following sections of the Government Code: 1. SECTION 54956.8 – Conference with real property negotiator Darrell George re: property at 9066 Firestone Boulevard; negotiating party: Foundations, LLC.; under negotiation: price and terms of payment. City Council/Community Dev. Comm. Minutes (adj .) 07/13/04 -1- 014805 The meeting reconvened at 12:20 a.m. with Mayor Pro Tempore/Vice-Chairman McCarthy absent. City Attorney Vose announced that (in regards to Item # 6) the City Council directed the City Attorney to work with the City Manager to prepare an evaluation form for consideration by the City Council and to establish specific goals and objectives for the next year. ADJOURNMENT: 12:20 a.m MacW MiDSTeKKE, City Clerk/Secretary City Council/Community Dev. Comm. Minutes (adj .) 07/13/04 -3- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JULY 13, 2004 TABLE OF MINUTE ACTIONS SUBJECT Council Member Announcements ACTION PAGE NO. Presentations 2 2 2 2 2 Consent Calendar Items RQmoved P Council MinIItes: Adj . Meeting 06/15/04 - * S\+' Council Minutes: Adj . & Reg. Meeting 06/22/04 Cash Contract #S.S. 644A – Underground Storage Tank Removal Remediation & Fueling Station Replacement Warrants: # 196239 – 196753; Wire Nos. 30000831-838; $3 ,430,353.43 Agreement w/Macerich Stonewood, LLC., Right-of Way Easement Approved Agreement w/In-N-Out Burger, Right-of-Way Easement Approved Amendment to Contract w/State Dep. Water Resources Approved Amendment to Contract w/Rauch Communications Consultants, LLC. Approved Deposit Sale Proceeds, $5,892,364 Eclipse Transaction to Learning Ctr. Approved Ord. # 1165, ZC #04-25 for properties at 8512 – 8530 Firestone Blvd. Adopted and 11214 – 11240 Brookshire Ave. Reso. #6783 Special Runoff Election Oral Communications Council Minutes: Adj . Meeting 06/29/04 Approved Purchase Rio Hondo Golf Course Clubhouse Art Work & Acces. Approved Development Agreement w/Long Beach Affordable Housing Coalition Approved property at 11528 Adco Ave. Approved Approved Approved Approved 3 3 3 3 3 3 3 4 4 5 5 5 Adopted -1- SUBJECT ACTION PAGE NO. Council Member Requests for Future Agenda Items Adjournment to 6:30 p.m., July 27, 2004 6 6 014806 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JULY 13, 2004 The City Council of the City of Downey held a Regular Meeting at 7:40 p.m., July 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 Tmjo 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 Ed Velasco, Housing Manager Steven Yee, Principal Planner Susan Domen, Executive Secretary COUNCIL MEMBER ANNOUNCEMENTS: Council Member Perkins announced that he had attended the ARC awards program last night along with Council Member Bayer and Mayor Pro Tempore McCarthy, wherein the Soroptimist Club received the community service award; and that he had attended a 4th of July Anthems of America event with the Church of Latter Day Saints, wherein the City was awarded a plaque. Council Member Bayer announced that she had attended, along with Council Member Trejo, the “Community Prayers for Peace“, an interfaith fellowship prayer service held at the First Presbyterian Church; and that she had attended the Kelly Lange book signing event sponsored by the Friends of the Library. Mayor Pro Tempore McCarthy announced that he found the ARC dinner awards very heart warming and noted that Dianne Lumsdaine is now the President of ARC; and complimented the Water Division on their recently published Annual Water Quality Report that explains the quality and costs of water in the City. City Council Minutes 07/13/04 -1- 014807 PRESENTATIONS : Mayor Pro Tempore McCarthy presented a Certificate of Appointment to Michael Murray, newly appointed member of the Cable TV Citizens Advisory Committee for District 1. A presentation was made by Stephanie Miladin from the Greater Los Angeles Vector Control District in regards to an update on the West Nile Virus. She explained that detected cases have increased and noted that while Vector Control is no longer picking up the infected birds in Downey, residents should still report findings by calling 1-877-WW-BIRD (968-2473) or online at www.glacvcd.org. PUBLIC HEARINGS : None CONSENT CALENDAR – ITEMS FOR REMOVAL 4.COUNCIL MINUTES: ADJOURNED REGULAR MEETING, JUNE 29, 2004: was pulled at the request of Lennie Whittington, resident of Downey, and is listed under Other Business below. 7.AUTHORIZE PURCHASE OF RIO HONDO GOLF COURSE CLUBHOUSE ART WORK AND ACCESSORIES: was pulled at the request of Lennie Whittington, resident of Downey, and is listed under Other Business below. 10.DEVELOPMENT AGREEMENT WITH THE LONG BEACH AFFORDABLE HOUSING COALITION, INC. TO ACQUIRE AND REHABILITATE THE PROPERTY AT 11528 ADCO AVENUE: 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 Mayor Pro Tempore 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. JUNE 15. 2004: Approve. 2.COUNCIL MINUTES: ADJOURNED REGULAR MEETING, JUNE 22. 2004: Approve. 3. 5. COUNCIL MINUTES: REGULAR MEETING, JUNE 22, 2004 : Approve. CASH CONTRACT #644A – UNDERGROUND STORAGE TANK REMOVAL. REMEDIATION AND FUELING STATION REPLACEMENT: AWARD CONTRACT TO EAR ENGINEERING, CONSTRUCTION AND SUPPORT SERVICES FOR $96,257.00; AND APPROPRIATE $120,000 FROM THE GENERAL AND GOLF COURSE FUNDS: Approve. City Council Minutes 07/13/04 014808 6.WARRANTS ISSUED: 196239 – 196753; WIRE NUMBERS 30000831-838; $3,430,353.43: Approve. 8.RIGHT-OF-WAY EASEMENTS FOR THE LAKEWOOD BOULEVARD IMPROVEMENT PROJECT: A) AGREEMENT WITH MACERICH STONEWOOD, LLC., 251 STONEWOOD STREET, TO OBTAIN A PERMANENT ROADWAY EASEMENT FROM STONEWOOD SHOPPING CENTER: Approve. B) AGREEMENT WITH IN-N-OUT BURGER, 8767 FIRESTONE BOULEVARD, FOR COST REIMBURSEMENTS OF ON-SITE IMPROVEMENTS IN THE AMOUNT OF $160,000: Approve. 9.GROUNDWATER USE IN WEST AND CENTRAI I BASINS : A) AMENDMENT TO CONTRACT WITH THE STATE DEPARTMENT OF WATER RESOURCES FOR FACILITATION SERVICES FOR DEVELOPMENT OF A CONJUNCTIVE USE PROGRAM, INCREASING THE AMOUNT BY $50,000 AND EXTENDING THE CONTRACT TO MAY 31, 2005: Approve. B) AUTHORIZE AN INCREASE OF $50,000 TO THE CONTRACT WITH RAUCH COMMUNICATIONS CONSULTANTS, LLC.: Approve. 11.DEPOSIT THE SALE PROCEEDS OF $5,892,364 FROM THE ECLIPSE TRANSACTION (RETAIL PORTION OF FORMER NASA PROPERTY) INTO THE LEARNING CENTER FUND: Approve. 12.ORDINANCE NO. 1165 (ADOPT) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY’S COMPREHENSIVE ZONING MAP CHANGING THE ZONING OF THE PROPERTIES LOCATED AT 8512, 8518, 8522, 8524, 8530 FIRESTONE BOULEVARD AND 11214, 11220, 11240 BROOKSHIRE AVENUE FROM C-3 (CENTRAL BUSINESS DISTRICT) AND M-1 (LIGHT MANUFACTURING) TO C-2 (GENERAT, COMMERCIAL) AND ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (ZONE CHANGE NO. 04-25) ADMINISTRATIVE REPORTS 13.CONSIDERATION OF ADOPTION OF A RESOLUTION PROVIDING FOR A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 2, 2004. City Council Minutes 07/13/04 -3- 014803 A staff report was presented by City Clerk Midstokke explaining that the Resolution needs to be completed prior to the election date and that the estimated cost of a run-off election would depend on the district involved and be between $80,000 to $100,000. 1n response to Council questions, she explained that the City Charter requires the City to follow State mandates which says that a tie must be resolved by a coin toss unless a Resolution directing a run-off election is in place prior to the original election date. By adopting the resolution they would just be placing the framework in place for such an event and no cost would be incurred unless a tie actually existed. The following Downey residents spoke in favor of adopting the Resolution: Diane Boggs Maria Larkin City Clerk Midstokke read the title of the Resolution. It was moved by Council Member Perkins, seconded by Council Member Trejo and unanimously carried to waive further reading and adopt. RESOLUTION NO. 6783 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 2, 2004. ORAL COMMUNICATIONS Diane Boggs, resident of Downey, thanked the Council for allowing her to make comments prior to the Closed Session this evening and requested that those remarks be reiterated in this portion of the minutes. (Diane Boggs, resident of Downey, expressing her concern about the City Manager issue indicated he has been a fine City Manager who has served Downey well for fifteen years. She questioned the motives, indicated she is considering a recall, a write-in candidate campaign and urged careful consideration of this serious matter.) Fred James, resident of Downey, commented regarding the number of large trucks driving on residential streets near schools in the area of Suva Street and Samoline Avenue and requested Police Department assistance. Ken Miller, resident of Downey, requested that the City negotiate a senior citizen discount on cable television service and that a survey be made of the surrounding cities. Lennie Whittington, resident of Downey, indicated that he did file a complaint with the District Attorney on the alleged violation of the Brown Act; noted the attendance of the Council, except Anne Bayer, at Rancho Bernardo last weekend which cost the taxpayers $4,000; and he feels City Manager Caton is an honorable person and sees no evidence deserving of termination. City Council Minutes 07/13/04 -4- 014810 OTHER BUSINESS – Consent Calendar – Items removed by Council Approval: 4.COUNCIL MINUTES: ADJOURNED REGULAR MEETING, JUNE 29, 2004. Lennie Whittington, resident of Downey, stated that the minutes did not reflect everything that occurred at the meeting as there was no mention of Mayor Cartozian asking Police Chief Finch to remove him from the meeting. Mr. Whittington demanded that the Council have the minutes corrected or he will go to the District Attorney’s office and file criminal charges against City Clerk Midstokke and the Council for impeding a criminal investigation. It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Perkins and unanimously carried to approve the minutes as submitted. Prior to the vote, Council Member Perkins requested the City Attorney to clarify if there were any legal issues. City Attorney Vose responded that minutes are required to record all motions and votes only. He went on to explain that there are two types of minute formats generally followed: action minutes and verbatim minutes and that it is a policy issue with the Council as to what type of minutes they choose to use. He further noted that to his knowledge, the City has always used action mInutes 7.AUTHORIZE PURCHASE OF RIO HONDO GOLF COURSE CLUBHOUSE ART WORK AND ACCESSORIES. Lennie Whittington, resident of Downey inquired as to the need to spend $70,000 on artwork for the clubhouse. He feels that this amount could be cut to $40,000 and possibly use the remaining money to assist with other budget cutbacks such as the Sunday hours at the library. Community Services Director Kehoe explained that the funds come from the Golf Course project fund that was previously approved and these are not additional monies. It was moved by Council Member Perkins, seconded by Council Member Trejo and carried by the following vote to authorize expenditure of $70,000 for art, framing, accents and accessories for the Rio Hondo Golf Course Clubhouse. AYES : McCarthy, Perkins, Trejo, Mayor Cartozian NOES : Bayer 10.DEVELOPMENT AGREEMENT WITH THE LONG BEACH AFFORDABLE HOUSING COALITION, INC. TO ACQUIRE AND REHABILITATE THE PROPERTY AT 11528 ADCO AVENUE. Mayor Pro Tempore McCarthy stated he wanted staff to give a report to further clarIfy where these monies come from and how they are spent. City Council Minutes 07/13/04 -5- 014311 Housing Manager Velasco presented a brief staff report explaining that the City is entering into an agreement with a non-profit developer and the funds being used are the Federal HOME funds allocated to the City of which 15 percent must be used for these types of projects. The developer brought this property to the City’s attention and has negotiated a purchase price with the owner. They have secured private financing in the amount of $425,000 and are requesting $689, 423 in HOME hInds. The development will provide a minimum of seven units at affordable rents to those in the 80 percent below median income range for a minimum of 55 years and also make improvements to the property. The transaction between the developer and the City is a zero interest rate loan for a period of 55 years Mayor Pro Tempore McCarthy reiterated that the money comes from the Federal government for the purpose of low income housing and if it is not used by certain deadlines, then it must be returned to the Federal government. He noted that as a City we have an obligation to provide low income housing to meet redevelopment and State housing laws and this project helps us to achieve that It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Trejo and unanimously carried to approve the development agreement with the Long Beach Affordable Housing Coalition, Inc. to acquire and rehabilitate the property at 11528 Adco Avenue and allocate $689,423 in Federal HOME funds. OTHER BUSINESS – Council Member Requests for Future Agenda Items Council Member Perkins reported in regards to the new Rio Hondo Golf Course Clubhouse, that the Pro Shop is now moving in and the project is running on time and under budget. The meeting recessed at 8:40 p.m. and reconvened at 12:20 a.m., noting the absence of Mayor Pro Tempore McCarthy. ADJOURNMENT: 12:20 a.m The meeting adjourned in memory of Kelly McGinty, longtime Downey resident, to 6:30 p.m., July 27, 2004 in the Council Chamber of Downey City Hall. rJ g bW I KATHLEEN L. a'!!DSTOKKE, City Clerk City Council Minutes 07/13/04 -6-