Loading...
HomeMy WebLinkAboutMinutes - 09-14-04 - Regular Meeting014839 MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING SEPTEMBER 14, 2004 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:35 p.m., September 14, 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 Trejo Mayor/Chairman (arrived 6:38 p.m.) Mayor Pro Tempore/Vice-Chairman ALSO PRESENT:Charles Vose, City Attorney Kathleen L. Midstokke, City Clerk/Secretary Lee Powell, Assistant City Manager Darrell George, Director of Community & Economic Development Steven Yee, Principal Planner APPROVAL OF CLOSED SESSION MINUTES A B. August 10, 2004 August 24, 2004 It was moved by Council Member/Chairman Perkins, seconded by Council Member/Chairman Trejo and carried 4/0 to approve the closed session minutes. RECESS TO CLOSED SESSION Mayor Pro Tempore/Vice Chairman McCarthy announced the Council/Commission is recessing to Closed Session (6:38 p.m.) to discuss matters under the authority of the following section of the Government Code: 1. SECTION 54956.9, subdivision (b)– Conference with legal counsel – anticipated litigation (exposure to litigation)(one potential case). 2. SECTION 54957.6 – Conference with labor negotiator Lee Powell re: direction for labor negotiations with Downey City Employees’ Association – Miscellaneous group and Downey Public Safety Auxiliary Association. City Council/Community Dev. Comm. Minutes (adj.) 09/14/04 -1- 014841 3. SECTION 54957.6 – Conference with labor negotiators Gerald Caton and Charles Vose re: direction for labor negotiations with Downey Executive and Middle Management. 4. 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. 5. SECTION 54956.9, subdivision (a) – Conference with legal counsel – existing litigation: First Baptist Church of Downey vs. City of Downey, Norwalk Superior Court Case #VS012394 RECONVENED The meeting reconvened in open session at 7:43 p.m. with all Council Members/- Commissioners present. There were no Closed Session actions to report The meeting recessed at 7:43 p.m. ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 8:55 p.m., with all Council Members/Commissioners present (see Oral Communications under Regular City Council Meeting) and recessed at 10:26 p.m. The meeting reconvened at 1 1 :35 p.m. with all Council Members/Commissioners present. ADJOURNMENT: 11:35 p.m. imte mOmOhA&Ma Cm City Council/Community Dev. Comm. Minutes (adj.) 09/14/04 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING SEPTEMBER 14, 2004 TABLE OF MINUTE ACTIONS SUBJECT Council Member Announcements ACTION PAGE NO. Presentations 2 Consent Calendar Items Removed 2 Council Minutes: Adj . & Reg. Meetings 08/24/04 CC #647 – Bellflower Blvd. Water Main Improvement Proj . CC #648 – 12400 Clark Ave. Site Clearing & Soil Remediation Warrants: # 197881 – 198423; Wire Nos. 233-234, 30000863-878 $4,666,238.97 Renewal of Service Agrmt., with Santa Fe Springs, Library Automation Approved Federal Library Srvcs. Technology Grant “Global Language Materials“ Approved Five-Year Natural Hazard Mitigation Plan Approved Reso. #6798 Authorizing Certain Facsimile Signatures Adopted Reso. #6799 Summary Vacation of Existing Alleyway, 10933 and Adopted 10939 Lakewood Blvd., Zoned C-P (Prof. Office) Ord. #1167 Amend DMC re: Speed Limits for Clark Ave./Studebaker Rd. Adopted LA County Measure A, Public Safety & Homeland Security Sales Tax Resolution of 4 support for 9/28/04 Approved Approved Approved Approved 3 3 3 3 3 3 3 3 3 4 Oral Communications Allocation of Funds to Host New Sister City, Ensenada, Baja California Failed Mexico, for Sept. 25th CC #632, IB – Lakewood Blvd. Improv. Proj., Phase IB Approved Gateway Cities 1-710 Study, Appropriate Gas Tax Funds Approved Assignment & Assumption Agrmt. w/KLR Prop. & 3637 Tweedy, LLC Approved For 8350 Firestone Blvd. (Pub. Parking Lot #4) 5 6 8 8 8 SUBJECT DUSD Agrmt. to Jointly Fund the School Safety Police Program Council Member Requests for Future Agenda Items Adjournment to 6:30 p.m., September 28, 2004 ACTION Approved PAGE NO. 9 9 9 O1 4841 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING SEPTEMBER 14, 2004 The City Council of the City of Downey held a Regular Meeting at 7:45 p.m., September 14, 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:Charles S Vose, City Attorney Kathleen L. Midstokke, City Clerk Lee Powell, Assistant City Manager James Makshanoff, Assistant to the City Manager John Finch, Chief of Police Bonnie Kehoe, Director of Community Services Anthony La, Deputy Director of Public Works John Michicoff, Director of Finance Mark Sauter, Fire Chief Ron Yoshiki, Asst. Director of Community Dev./City Planner Rick Becker, Principal Engineer Roy Campos, Police Lieutenant Claudia Dailey, Administrative Assistant Mark Dryer, Police Captain Linda Haines, Building Official Thad Phillips, City Librarian Brian Ragland, Deputy Director of Public Works Steven Yee, Principal Planner Susan Domen, Executive Secretary COUNCIL MEMBER ANNOUNCEMENTS: Council Member Bayer thanked the Police and Fire Chiefs for their departments participation in the recent Town Hall Meeting and Community Fair held at Redeemer Covenant Church. Mayor Pro Tempore McCarthy asked that we keep in our prayers City employees Nicole Smith, Administrative Assistant in the Finance Department and sister of City Council Secretary Shirley Conte; and William Davis, Business Development Manager, who are both experiencing serious health issues. He also attended the 9/11 event at Redeemer Covenant Church with Council Member Bayer noting that it was a great event and appreciates their participation in community. City Council Minutes 09/14/04 -1- 014842 Thanked the Public Works Department for the new right-turn pocket on Firestone Boulevard and Brookshire Avenue; and for handling recent incidents of a sink hole at Firestone Boulevard and Lakewood Boulevard and a gas leak on Lakewood Boulevard. Expressed concern and disappointment with the Herald American and Press Telegram newspapers on recent articles regarding the Mayor’s absence from the City last year while in Armenia. Council Member Trejo thanked Deputy Director of Public Works Anthony La for looking into traffic issues at Brookshire Avenue and Davis Street near the medical building and hospital. Council Member Perkins recently visited the former NASA site and the new movie studios and thanked Battalion Chief Dave Simmons and Fire Inspection Brian Wolf for doing an outstanding job on the construction project. Mayor Cartozian requested that the City Clerk distribute copies of email packets that includes all sent emails by him during the period of June 18, 2003 to August 13, 2003, (while he was in Armenia) to the other Council Members and the Herald American. PRESENTATIONS : Mayor Cartozian presented a Proclamation declaring September as National Literacy Month to Library Advisory Board Members Debbie Black and Paul Yakota and to Literacy Student Jean Simons who presented the council with a book she had written. Mayor Cartozian presented a Proclamation declaring September 20 – 26, 2004, as Transformation Values week to Pastor Frank Campos and Julie Adamson, Vineyard Family Christian Fellowship of Downey. Mayor Cartozian presented a Proclamation declaring September 17 – 23, 2004, as U.S . Constitution Week to Gloria Katz and Marjorie Warings, League of Women Voters. CONSENT CALENDAR – ITEMS FOR REMOVAL 4(A). CASH CONTRACT #632, IB – LAKEWOOD BOULEVARD IMPROVEMENT PROJECT, PHASE IB: REJECT ALL BIDS AND GRANT AUTHORITY TO RE- ADVERTISE FOR BIDS: This item was removed at the request of Sean Smith, Downey resident and Shawnan representative, and is listed under Other Business below. 6.APPROPRIATE $25,000 FROM THE GAS TAX FUND FOR THE GATEWAY CITIES 1-710 STUDY: This item was removed at the request of Council Member Perkins and is listed under Other Business below. 7.ASSIGNMENT AND ASSUMPTION AGREEMENT WITH KLR PROPERTIES AND 3637 TWEEDY, LLC, FOR 8350 FIRESTONE BOULEVARD (PUBLIC PARKING LOT NO. 4): This item was removed at the request of Council Member Perkins and is listed under Other Business below. City Council Minutes 09/14/04 014843 • ’ ' J ; 10.AGREEMENT WITH DOWNEY UNIFIED SCHOOL DISTRICT TO JOINTLY FUND THE SCHOOL SAFETy POLICE PROGRAM: This item was removed at the request of Council Member Trejo and is listed under Other Business below. CONSENT CALENDAR It was moved by Mayor Pro Tempore McCarthy, 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: 1.COUNCIL MINUTES: ADJOURNED REGULAR MEETING, AUGUST 24, 2004: Approve. 2. 3. COUNCIL MINUTES: REGULAR MEETING, AUGUST 24, 2004: Approve. CASH CONTRACT #647 – BELLFLOWER BOULEVARD WATER MAIN IMPROVEMENT PROJECT: APPROVE PLANS, SPECIFICATIONS AND GRANT AUTHORITY TO ADVERTISE FOR BIDS: Approve. 4.CASH CONTRACT #648 – 12400 CLARK AVENUE SITE CLEARING AND SOIL REMEDIATION: 1) REJECT ALL BIDS, AND 2) GRANT AUTHORITY TO REVISE CONSTRUCTION DOCUMENTS AND RE-ADVERTISE FOR BIDS: Approve. 5.WARRANTS ISSUED: 197881 – 198423; WIRE NUMBERS 233-234, 30000863-878; $4,666,238.97: Approve. 8.RENEWAL OF SERVICE AGREEMENT WITH THE CITY OF SANTA FE SPRINGS FOR LIBRARY AUTOMATION: Approve. 9.ACCEPT AND APPROPRIATE $10,000 FROM FEDERAL LIBRARY SERVICES AND TECHNOLOGY GRANT ENTITLED GLOBAL LANGUAGE MATERIALS GRANT PROGRAM: Approve. 11. 12. CITY’S FIVE-YEAR NATURAL HAZARD MITIGATION PLAN: Approve. RESOLUTION NO. 6798 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING CERTAIN FACSIMILE SIGNATURES. 13.RESOLUTION NO. 6799 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE SUMMARY VACATION OF EXISTING ALLEYWAY ADJOINING 10933 AND 10939 LAKEWOOD BOULEVARD, ZONED C-P (PROFESSIONAL OFFICE). City Council Minutes 09/14/04 -3- , 014844 14.ORDINANCE NO. 1167 (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 STUDEBAKER ROAD AND CLARK AVENUE. ADMINISTRATIVE REPORTS : 15.L.A. COUNTY MEASURE A, PUBLIC SAFETY AND HOMELAND SECURITY SALES TAX ACT, ON THE NOVEMBER 2ND BALLOT AND HOW IT WOULD AFFECT POLICE DEPARTMENT STAFFING. Police Chief Finch presented a staff report and Power Point presentation providing the statistics on crimes in Los Angeles County for the previous year. He explained that by passing the half-cent Sales Tax increase this would provide $560,000,000 to improve and expand law enforcement services throughout the County. Downey’s share would be approximately $5,202,864 which could be used to increase staffing levels to help meet the increased needs to protect the citizens. Technology and new crimes such as identity theft, cyber crimes and terrorist threats create increasing demands on Officers time. Chief Finch went on to state that current staffing levels are below what was recommended in a study that was done in 1990 and showed comparisons in four different categories against other cities in Los Angeles County. He recommended that the Council support Measure A. Chief Finch responded to Council’s question stating that with the additional funds, the current policy of releasing County jail prisoners after serving only ten percent of their sentence would be abolished because SheriffBacca would be able to staff more jails. He also stated that if Measure A passed he would conduct a current study to evaluate staffing requirements and develop a master plan which would be presented for Council’s approval. Ron Goldstein, Downey resident, noted that he recently attended the Citizens Academy at the Police Department and was amazed at how much the officers do. He feels that if you have more officers on the streets there will be less crime. Mayor Pro Tempore McCarthy stated that public safety has always been a great asset to Downey and while he is opposed to tax increases, he does recognize the need for additional funding for the Police Department and if the measure does not pass he suggested a task force be created to locate additional funding. Council Member Trejo mentioned that using funds to promote community involvement programs such as the Neighborhood Block, GOOD and Unity in the Community are a great way to help alleviate some of the strain on the Police Department. He asked staff to bring back a comparison study on how crime and gangs in other cities has affected Downey. Mayor Cartozian mentioned that a lot of good information had been provided and he would like to have more time to review before making a decision. City Council Minutes 09/14/04 -4- 0.1484 : 1 It was moved by Council Member Trejo, seconded by Council Member Bayer and carried by the following vote to have a Resolution brought back at the next Council meeting in support of Measure A. AYES : ABSTAIN: Bayer, Perkins, Trej o, Mayor Cartozian McCarthy Prior to the vote, Mayor Pro Tempore McCarthy made a substitute motion to have the item brought back at the September 28th or the October 12th meeting for further review and consideration. The motion died for lack of a second. ORAL COMMUNICATIONS Gary DeRemer, Downey resident and City Council Candidate, District 5, urged candidates to comply with the Code of Fair Campaign Practices that they have signed for the upcoming election and alleged violations such as a whispering campaign against him. Lennie Whittington, Downey resident, expressed that he and the City Manager have had a 15 year friendship and go to lunch two or three times a year at their own expense; stated that he had requested that the Mayor not take his Council reimbursement before going to Armenia; and noted that on August 31st there was a Rio Hondo subcommittee meeting in City Hall and the doors were locked. Bob Winningham, Yorba Linda resident, announced the Downey Family YMCA’s grand opening of a new Teen Center next Monday night; expressed he would have voted for the Mayor’s excused absence to go to Armenia had he been on the Council; and said the expenses often exceed the stipend the Council receives. Barbara Briley Beard, Downey resident, spoke regarding the Rives Mansion, the history and that it was added to the Historical Register in 1978. She suggested maintaining the home as an art or historical society museum. Mary Pearson, Downey resident, spoke regarding the Rives Mansion and that the inside of the home has also been maintained in a historical fashion. She urged that something be done to keep it rntact Bob Winningham, Yorba Linda resident, suggested that the zoning on the Rives Mansion site should be studied and perhaps a Council subcommittee be formed. Jane Hendricks, Downey resident, and owner ofRives Mansion, spoke regarding the history and is only the third owner of the property in 93 years. She requested the City’s help and suggested that it might be open for tours, teas, receptions and over night guests. Guy Sterner, member of Redevelopment Project Area Committee (PAC), requested that the Redevelopment Agency approve revised By-Laws for the PAC which contains a Code of Conduct for committee members and alleged threatening conduct of one of the members. A letter dated September 13th from John Matarazzo, PAC member, was submitted to the City Clerk. City Council Minutes 09/14/04 -5- O 1 4 3 4 S The following members of the parish of Desert Reign Assembly of God addressed the Council regarding their efforts to obtain a Conditional Use Permit for 1 1610 Lakewood Boulevard. A petition containing 1,495 signatures, 285 of those Downey residents, was submitted to the City Clerk and City Council, requesting a change in the proposed land use of the property. Pastor Don Metcalf Jack Angel Dan Dutch Michelle Rodriguez Arisel Romo Willie Ross Jerry Acaveli Eric Adamson Aaron McClennan Laura Baughman Steve Raglia The following members of Redevelopment Project Area Committee spoke requesting that the Council approve their revised By-Laws: Shiro Toyohara Myrtle Risley Michael Sullivan Lennie Whittington, Downey resident, spoke in regards to the comments by the Project Area Committee members . RECESS The meeting was recessed at 10:16 p.m. and reconvened at 10:20p.m. with all Council Members present. Emery Sipos, member of Redevelopment Project Area Committee, requested Council to adopt the new By-Laws. Frank Campos, Downey resident, thanked the Council for supporting the Transformation Values movements and efforts being made in the Treasure Island area of Downey. Roy Beard, Downey resident, expressed how much he appreciates the efforts of the City Council as they face many challenges and thanked the Police and Fire Chiefs for the high standards they maintain in their departments. OTHER BUSINESS 16.ALLOCATION OF FUNDS NOT TO EXCEED $2,500 TO HOST NEWEST SISTER CITY, ENSENADA, BAJA CALIFORNIA, MEXICO, FOR SEPTEMBER 25TH. Assistant City Manager Powell presented a staff report noting that the Council approved the adoption ofEnsenada, Baja California, Mexico on November 12, 2002. He stated that the Mayor and ten members of his Council and staff would be accompanying him to Downey on September 25, 2004, for a celebration of the finalization of them becoming Downey’s fourth Sister City. A dinner reception is being held to commemorate the event at the Embassy Suites Hotel that evening and Council is invited to attend. There will be about 50 people in attendance. City Council Minutes 09/14/04 -6- ' tII 4847 C Judge London Steverson, President of Downey Sister Cities Association, introduced AIda and Bob Sichting, members of Downey Sister Cities Association. He requested that Council approve this request stating that it is the final act in solidifying the relationship between the two cities. AIda Sichting, member of Downey Sister Cities Association, stated that this union would help to get the toys, clothing and medical supplies down to San Quitin orphanages more expediently and everyone is happy that it has finally come to fruition. Mayor Cartozian noted that a lot oflegwork has gone into accomplishing this goal and he would be abstaining from the vote tonight due to the item being agendized under his name when in fact he felt it is a staff item. Lennie Whittington, Downey resident, questioned that with the budget deficit we are facing should this expense be incurred and if this would be done for all of the Sister Cities or is it being done because this is the newest one. Assistant City Manager Powell responded that the event is to mark the beginning of this relationship. Roy Beard, Downey resident, stated that Downey cannot be an island and no matter if we have one or three Sister Cities it promotes us to the outside world and he is in support of approving this expenditure. Council Member Bayer asked to be given a breakdown of how the money is to be spent. Assistant to the City Manager Makshanoff stated that approximately $1,500 would be for the food bill at Embassy Suites, $200 for gifts, a City Flag, City Tile, pins, trinkets, etc. Mayor Pro Tempore McCarthy stated that Sister Cities does good work although he has concerns because of the challenging City budget and because of the short notice given of the event, he would support it but would require that the liquor bills not be paid for with City funding. Council Member Trejo noted that he saw first hand the benefits this affiliation provides and would be supporting this expenditure. Council Member Perkins asked why it takes two years to get medical equipment down there and was informed by Mayor Cartozian and AIda Sichting that it is a formal process and the paperwork with the Mexican government takes a long time. He then stated that he would not be supporting this item. Council Member Bayer asked if tickets were being sold to this dinner and if it was available to anyone who wanted to come and was informed that no, it was kept to a group invitation only, people who had helped this come about. It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Trejo and failed by the following vote to approve staff recommendation : AYES : NOES : ABSTAIN: McCarthy, Trejo Bayer, Perkins Mayor Cartozian City Council Minutes 09/14/04 -7- 814348 Prior to the vote, Mayor Cartozian stated that he would not be going to Guadalajara this year and would be saving the City that expense. RECESS The meeting was recessed at 10:55 p.m. and reconvened at 10:59 p.m. with all Council Members present. OTHER BUSINESS – Consent Calendar – Items removed by Council Approval: 4(A). CASH CONTRACT #632, IB – LAKEWOOD BOULEVARD IMPROVEMENT PROJECT, PHASE IB: REJECT ALL BIDS AND GRANT AUTHORITY TO RE- ADVERTISE FOR BIDS. John Smith, from Shawnan, spoke requesting Council to reconsider staff recommendation of rejecting all bids and award the contract to Shawnan, the low bidder. It was moved by Council Member Trejo, seconded by Council Member Perkins and unanimously carried to approve staff recommendation to reject all bids and grant authority to re-advertise for bids. 6.APPROPRIATE 525,000 FROM THE GAS TAX FUND FOR THE GATEWAY CITIES 1-710 STUDY. Council Member Perkins inquired if this was something that benefits the City and Mayor Pro Tempore McCarthy stated that it does. It was moved by Council Member Perkins, seconded by Mayor Pro Tempore McCarthy and unanimously carried to appropriate $25,000 from the Gas Tax Fund for the Gateway Cities 1-710 Study.i hq 7.ASSIGNMENT AND ASSUMPTION AGREEMENT WITH KLR PROPERTIES AND 3637 TWEEDY, LLC, FOR 8350 FIRESTONE BOULEVARD (PUBLIC PARKING LOT NO. 4). Council Member Perkins inquired as to the amount we charge on this lease and why it is such a low amount, stating that it is poor business to do such and would like this renegotiated. City Attorney Vose clarified that this is just an assignment and assumption of the lease, changing from the previous owner to the new owner which is allowed by the terms of the lease. It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Trejo and carried by the following vote to approve the Assignment and Assumption Agreement with KLR Properties and 3637 Tweedy, LLC, for 8350 Firestone Boulevard (Public Parking Lot No. 4). City Council Minutes 09/14/04 -8- 014843. AYES : NOES : Bayer, McCarthy, Trejo, Mayor Cartozian Perkins 10.AGREEMENT WITH DOWNEY UNIFIED SCHOOL DISTRICT TO JOINTLY FUND THE SCHOOL SAFETY POLICE PROGRAM. Council Member Trejo inquired how long the program has been in existence and if there are any statistics on the success of the program. Chief Finch stated that the program has run for the past five to six years. He then noted that the officers duties included dealing with truancies, counseling, mentoring and handling arrests directly. Council Member Trejo then requested if an analysis could be prepared and presented to Council. It was moved by Council Member Trejo, seconded by Council Member Perkins and unanimously carried to approve the agreement with Downey Unified School District to jointly fund the School Safety Police Program. OTHER BUSINESS – Council Member Requests for Future Agenda Items: Mayor Cartozian requested that the issues raised by the Project Area Committee members and the proposed By-Laws be brought back to the Council. He further requested that the Rules of Conduct for City Council Meetings and conduct between staff and members of the public at City Hall be brought back to the Council. Mayor Pro Tempore McCarthy requested an administrative update on the Church’s (Desert Reign Assembly of God) status. Council Member Trejo requested that the issue of shopping carts in neighborhoods be looked into. He further requested that Keep Downey Beautiful be asked to conduct some clean ups around the schools. Council Member Perkins referenced the book previously submitted by Jean Simons tonight and quoted that: “taking pride in one’s self and responsibility for actions“ is very important. He requested that the elected officials come together to work together to address the issues presented. ADJOURNMENT: 11:35 p.m. The meeting adjourned to 6:30 p.m., September 28, 2004, in memory of Frank Gomez, Head Golf Pro at Los Amigos Golf Course; and Jose Olave, father of Rowena Jarcia, Engineering Division, in the Council Chamber of Downey City Hall. KATHLEEN L. MIDSTOKKE, City Clerk Ad Mayor City Council Minutes 09/14/04 -9-