Loading...
HomeMy WebLinkAboutMinutes - 01-25-05 - Regular Meeting014921 MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JANUARY 25, 2005 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:32 p.m., January 25, 2005, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairman Anne M. Bayer presiding. PRESENT:Council Members/Commissioners: Anne M. Bayer Meredith H. Perkins Rick Trejo David R. Gafin Kirk O. Cartozian Mayor/Chairman Mayor Pro Tem/Vice-Chairman ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Charles S. Vose, City Attorney Kathleen L. Midstokke, City Clerk/Secretary Lee Powell, Assistant City Manager Desi Alvarez, Director of Public Works James Makshanoff, Assistant to the City Manager APPROVAL OF CLOSED SESSION MINUTES It was moved by Mayor Pro Tem/Vice-Chairman Perkins, seconded by Council Member/Commissioner Trejo and unanimously carried to approve the Closed Session Minutes of January 11, 2005. RECESS TO CLOSED SESSION Mayor/Chairman Bayer announced the Council/Commission is recessing to Closed Session (6:33 p.m.) to discuss matters under the authority of the following sections of the Government Code: 1. SECTION 54956.9, subdivision (b) – Conference with legal counsel – anticipated litigation (exposure to litigation) (one potential case). 2. SECTION 54956.8 – Conference with real property negotiators Gerald Caton and Desi Alvarez re: property at 9255 Imperial Highway; negotiating party: Spartan Lacquer and Paint Corp.; under negotiation: price and terms of payment. The Closed Session adjourned at 7:20 p.m. City Council/Community Dev. Comm. Minutes (adj.) 01/25/05 -1- 014923 RECONVENED The meeting reconvened in Open Session at 7:37 p.m. with all Council Members/Commissioners present. The meeting recessed at 7:38 p.m. ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 9:37 p.m. with all Council Members/Commissioners present (see Oral Communications under Regular City Council Meeting) and recessed at 9:40 p.m. The meeting reconvened at 1 1:38 p.m. with all Council Members/Commissioners present. ADJOURNMENT: 11 :38 p.m. /F’ Lk' b{ ANNE M. BAYER, Mag?17ChirmanKATHLEEN L. MIDSTOKKF,, City Clerk/Secretary City Council/Community Dev. Comm. Minutes (adj.) 01/25/05 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JANUARY 25, 2005 TABLE OF MINUTE ACTIONS SUBJECT Presentations Reso. #05-6826; Public Hearing on General Plan Update, Downey Vision 2025 Public Comment Consent Calendar Items Removed Council Minutes: Adj. & Reg. Mtgs. 01/11/05 Cash Contract #S.S. 541 Firestone Blvd. Traffic Safety Imp. Warrants: # 2001112-201538; Wire Nos. 240; 30000943-950; $4,411,441.57. Interim Agrmt. w/Jones & Mayer for City Prosecutor Services Agrmt. w/Bronstein Co. for On-call Real Estate Appraisal Srvcs. Appropriate $50,000 from Roberti, Z’berg, Harris Block Grant Apollo Park Activity Center Bldg. Floor Replacement Loan Agrmts. Between City and CDC; Operative Agmt. #’s 33 & 34 Reso. # 05-6823; Appoint Dianne Lumsdaine Hospital Comm. Reso. # 05-6824; Appoint Representatives to ICRMA Reso. # 05-6825; Establish Director of Development Srvcs. Pos. Reso. # 05-6827; Establish Policy re: Ordinances & Resolutions Ord. re: DMC Section 3186, Speed Limits Lakewood Blvd. 8500 Firestone Blvd. Reso. #05-6828; Orangeline JPA Amendment, Santa Clarita ACTION PAGE NO. Adopted 2 6 6 6 7 7 7 7 7 7 Approved Approved Approved Approved Approved Approved Approved Adopted Adopted Adopted Adopted Introduced 7 7 7 7 7 8Adopted COUNCIL MINUTES, JANUARY 25, 2005 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT Mid-Year Budget Review Agrmt. w/ Hawkins, Delafield & Wood; Solid Waste Franchise Agreement Legal Consultants Appoint SR9 1/1-605 Corridor Cities Comm., Meredith Perkins Agrmt. w/Lehman, English, Kelly & O’Keefe, Sacramento Advocacy Services Reso. # 05-6826; Establish Benefits for Exec. Mgmt, Middle Mgmt., & Confidential/Exempt Employees Council Member Requests for Future Agenda Items Staff Comments Adjournment ACTION Receive/File Approved PAGE NO. 10 10 Approved Approved 10 11 Adopted 11 12 12 12 014923 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JANUARY 25, 2005 The City Council of the City of Downey held a Regular Meeting at 7:40 p.m., January 25 , 2005, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Anne M. Bayer presiding. PRESENT:Council Members: Anne M. Bayer Meredith H. Perkins Rick Trejo David R. Gafin Kirk O. Cartozian Mayor Mayor Pro Tem ALSO PRESENT:Gerald M. Caton, City Manager Charles S. Vose, City Attorney/Economic Development Director 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, Police Chief Bonnie Kehoe, Director of Community Services John Michicoff, Director of Finance Mark Sauter, Fire Chief Linda Haines, Building Official Jay Jardn, Senior Planner Kevin O’Connor, Theatre Manager Ed Velasco, Housing Manager Ron Yoshiki, Asst. Director of Community & Economic Development Susan Domen, Executive Secretary PRESENTATIONS : Mayor Bayer presented the Mayor’s Award for Service to the City to Mark Keller, Stage Supervisor, Downey Civic Theatre. A representative from the California Highway Patrol and the Automobile Club of America presented the CA Highway Patrol 10851 Award re: recovery of stolen vehicles to Police Officers Jason Klevos, Christopher Kurtz, Justin Prentice & Nathan WeinHch. Mayor Bayer proclaimed February 4, 2005 as “Go Red for Women“ Day, American Heart Association. City Council Minutes 01/25/05 -1- 014924 Council Member Gafin presented Certificates of Appointment to Martin Susnir, Water Advisory Board and Water Facilities Corporation; Patti Brode, Health and Environmental Sanitation Committee; Michael Murray, Planning Commission; Jan Scott, Emergency Preparedness Committee; Bill Minasian, Health and Environmental Sanitation Committee for District 1. Mayor Bayer presented a Certificate of Appreciation to Gary DeRemer, President, Downey Rose Float Association. PUBLIC HEARINGS: 1.ADOPT RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING DOWNEY VISION 2025, A COMPREHENSIVE UPDATE OF THE CITY’S GENERAL PLAN, INCLUDING AN UPDATED LAND USE DIAGRAM AND PROPOSED CHAPTERS FOR LAND USE, CIRCULATION, CONSERVATION, SAFETY, NOISE, OPEN SPACE, DESIGN, ECONOMIC DEVELOPMENT AND CERTIFyING AN ENVIRONMENTAL IMPACT REPORT : Planning. The Public Hearing was opened at 8:01 p.m. City Clerk Midstokke affirmed receipt of Proof of Publication. It was moved by Mayor Pro Tem Perkins, seconded by Council Member Gafin and so ordered by the Mayor to receive and file. City Clerk Midstokke noted that supplemental correspondence was received from John and Louise Sherman, dated January 24; Michael Sullivan, Downey Cares, dated January 24; Gabriel and Felipe Reyes Trust, dated January 25; and Keith McCarthy, dated January 24. Mayor Bayer noted she had met with Mr. Lim, a property owner. Council Member Gafin and Mayor Pro Tem Perkins mentioned they had met with the owners and developers of the Foster Road property. It was moved by Mayor Pro Tem Perkins, seconded by Council Member Gafin and so ordered by the Mayor to receive and file the supplemental correspondence. Asst. Director of Community & Economic Development Yoshiki explained that the formation of the General Plan is a result of two years work by many people and it is approving zoning policies but not specific projects. Senior Planner Jardn presented a Power Point presentation briefly explaining the chapters in the General Plan Update, Downey Vision 2025 . Community Survey: A survey conducted through mailers was sent to over 40,000 residents and the greatest concern for improvements were: more sit down type restaurants, appearance of residential areas, more shopping areas, parking restrictions in residential areas, traffic congestions, crime/gangs/graffiti and appearance of commercial areas. City Council Minutes 01/25/05 -2- 014925 Circulation Chapter: This Chapter addresses issues related to traffic congestion. It includes a proposal of widening intersections to allow for truck turn movements; promoting alternatives to driving such as walking, bicycling, and bus and train usage and; plans to address ageing infrastructure. Housing Chapter: Senior Planner Jarrin stated that this Chapter is not being updated as part of this process due to the fact that it must be consistent with the Housing Element which will be updated in 2007. Conservation Chapter: This Chapter deals with providing natural resources such as: tree preservation, air quality, solid waste management and water quality. Safety Chapter: Deals with hazards that residents might have and one priority is increasing access to the Hospital with railroad grade separation. Noise Chapter: Identifies areas with unacceptable noise levels and required mitigation. Open Space Chapter: Proposes enhancing existing parks and cultural amenities. Design Chapter: A two prong approach in regards to improving appearance of properties: first as they are developed or remodeled through the Design Review Board, and secondly, through Code Enforcement action. Promoting community identification, preserving historical and architectural resources and promoting public art are additional concerns. Economic Development Chapter: Concentrates on capitalizing on the City’s location/access/proximity and visibility; promoting a balanced tax base; and having a diversified employment base by maximizing on entertainment industry opportunities. Land Use Chapter: The goal of this Chapter is to provide a balance of the land uses throughout the City such as low density residential; low-medium density residential; medium density residential; neighborhood commercial; general commercial; commercial manufacturing; office; general manufacturing; park; riverbed; utility easement; golf course; public (other than schools and parks); public schools; private schools; and mixed use. Promoting smart growth/livable communities using downtown Downey as a destination draw; the Downey Landing site and Transit Oriented Development (TOD); and City Council Minutes 01/25/05 -3- 014926 enhancing/protecting residential areas are some of the areas of focus. He also referenced the Land Use map noting that Areas 1 through 19 classifications would change and Areas A through T were considered, but would not change. Senior Planner Jarrin concluded by reviewing the Environmental Impact Report document stating that except for the areas of air quality, noise and certain traffic intersections, the impacts of the plan could be mitigated to less than significant impact. Mayor Pro Tem Perkins inquired as to the types of use allowed in Area 1 1 and the impact of the level of service at the intersection of Stewart & Gray Road and Lakewood Boulevard. Carlton Water from Urban Crossroads stated that the level of service would be a D, but that the improvements were necessary because of the improvements at the Downey Landing site regardless. Council Member Cartozian asked if changing Area 18 from School use to mixed use was the City’s way of dictating what the school can do on their property. City Attorney Vose explained that whenever the district uses property designated as school use for anything other than classroom facilities, they must abide by the City’s zoning codes and by changing these areas to mixed use the City is providing the district flexibility to hold the fundraisers they are currently holding in a legal fashion. Council Member Cartozian then questioned the direction of the City in regards to Area o as an open-space and what they foresee as a use for this property to which Senior Planner Jarrin explained that the City benefits from active open-space such as parks as well as passive open-space such as flood control channels and power line right-of-way areas that help to break up the built-up environment. This property is unique as it sits between two power line right-of-ways and to keep the area consistent staff recommends it remain as an open-space designation. Council Member Trejo expressed concerns about allowing used car lots into Area 1 1 with the zoning change and was informed that in all likelihood a Specific Plan will be developed for this area detailing the types of uses allowed there. Sylvia Sutherland, Southern California Edison representative, mentioned that Southern California Edison had recently met with City Planning staff to discuss putting into productive use portions of their utility corridor within the City of Downey. She requested that the General Plan language regarding management of the corridors be revised to facilitate the goals outlined in a letter that was sent on January 19, 2005, regarding secondary land use. Paul DeTi11a, resident of Downey, expressed concerns of designating parcels of land owned by private individuals as passive open-space. He stated that allowing the orderly development of these such as Area O would enhance the surrounding uses and the funds generated could be used towards existing parks. Michael Neal, developer for Mr. and Mrs. Sherman, requested that the property in Area O be designated as R- 1 as plans have been drawn up to develop this land allowing housing and park type area. He showed architectural drawings that were presented to the Planning Commission stating this would be a better use of the property that will also enhance the look of the area. Louise Sherman, Area O property owner, expressed feelings that by allowing them to develop this property it would increase the housing availability and the aesthetic appeal of the area. John Sherman, Area O property owner, noted that this is private property and doesn’t feel the City has the right to tie their hands as to how to improve the property. City Council Minutes 01/25/05 -4- 01492'7 Don Hardison, AT&T Wireless representative, requested that Area T be changed to open space so that they may install a wireless communications facility at 1314 Laureldale Avenue, which is a Southern California Edison power substation. (JUy Sterner, resident of Downey, challenged the elimination of street parking along Firestone Boulevard. Keith McCarthy, resident of Downey, referred to an email he had sent regarding his concerns with the General Plan. He didn’t see in the plan where the housing growth needs are addressed; liked the Mixed-Use for the Greenline station but noted that it needs improvements because of noise level and suggested that the City work with the MTA to resolve this issue; agrees that Areas 5 & 6 be open-space and hopes to continue to work with the City on a Historical Preservation policy and in regards to Area S, the Rancho Los Amigos property, if the opportunity presents itself Apollo park could move to the West and expand. It was moved by Mayor Pro Tem Perkins, seconded by Council Member Trejo and so ordered by the Mayor to close the Public Hearing, the time being 9:22 p.m. Mayor Pro Tem Perkins thanked everyone who worked on the General Plan 2025 and stated he would like to have the proposed development of Area O and the proposed AT&T Wireless Communication facility looked into. Council Member Gafin stated that in regards to Area O and other areas like this, the City needs to look into developing them into better uses whether it be housing or self-storage areas. Council Member Cartozian mentioned he would also like Area O looked into for a different type of land use and was happy that the Public Arts Commission was included in the plan. He commented that the parking along Firestone Boulevard is a tough decision but feels that the Public Works Department was going in the best direction to improve the flow of traffic along this busy corridor Council Member Trejo thanked everyone for the time and effort into putting the General Plan together stating that they did a great job. He noted he agreed with the other Council Members comments in regards to the open-space areas and was concerned with the response from the survey that was sent out to over 40,000 residents and only 193 were received back. Mayor Bayer echoed the thanks and concerns of the other Council Members and thanked the citizens for coming and voicing their opinions. City Clerk Midstokke read the title of the Resolution. It was moved by Mayor Pro Tem Perkins, seconded by Council Member Canozian and unanimously carried to waive further reading and adopt the Resolution amending Area O to be R-1, low density residential and Area T to open-space. City Council Minutes 01/25/05 -5- 014928 RESOLUTION NO. 05-6826 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING DOWNEY VISION 2025, A COMPREHENSIVE UPDATE OF THE CITY’S GENERAI, PLAN, INCLUDING AN UPDATED LAND USE DIAGRAM AND PROPOSED CHAPTERS FOR LAND USE, CIRCULATION. CONSERVATION. SAFETY, NOISE, OPEN SPACE, DESIGN, ECONOMIC DEVELOPMENT, AND CERTIFYING AN ENVIRONMENTAL IMPACT REPORT; with changes to amend Area O to low density residential and Area T to open space. NON-AGENDA PUBLIC COMMENT : Jay Khairy referenced AB 188 and encouraged the prohibition of smoking on playgrounds and tot lot areas and to expand it to cover the entire park. CONSENT CALENDAR – ITEMS FOR REMOVAL City Clerk Midstokke noted clerical changes to Item No. 10, Agreement No. 34 should reflect $600,000 and Item No. 7, Agreement compensation should reflect $3,000 per month. 7.APPROVE AGREEMENT WITH LEHMAN, ENGLISH, KELLY AND O'KEEFE FOR GENERAL ADVOCACY SERVICES IN SACRAMENTO: Public Works. This item was pulled at the request of Mayor Pro Tem Perkins and is listed under Other Business below 14.ADOPT RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING THE BENEFITS PAYABLE TO EMPLOYEES IN CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT, MIDDLE MANAGEMENT AND CONFIDENTIAL/EXEMPT: AND REPEALING PRIOR RESOLUTIONS: Administration. This item was pulled at the request of Mayor Pro Tem Perkins and is listed under Other Business below. CONSENT CALENDAR It was moved by Mayor Pro Tem Perkins, seconded by Council Member Cartozian and unanimously carried to approve the remainder of the Consent Calendar items as recommended: 2.ADOPTED MOTION WAIVING THE FULL READING OF ALL RESOLUTIONS ON THE CONSENT CALENDAR. TITLES FOR RESOLUTIONS WHICH APPEAR ON THE AGENDA, SHALL BE DETERMINED TO HAVE BEEN READ BY TITLE AND FURTHER READING WAIVED. 3.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings January 1 1, 2005: City Clerk. City Council Minutes 01/25/05 -6- 014929 4.CASH CONTRACT NO. S.S. 541: AWARDED CONTRACT IN THE AMOUNT OF $243,594 TO SEQUEL CONTRACTORS FOR FIRESTONE BOULEVARD TRAFFIC SAFETY IMPROVEMENTS: Public Works. 5.APPROVED WARRANTS ISSUED: Nos. 201112-201538; Wire Nos. 240; 30000943- 950; in the total amount of $4, 411,441.57: Finance. 6.APPROVED INTERIM AGREEMENT FOR CITY PROSECUTOR SERVICES WITH JONES & MAYER: Administration. 8.APPROVED AGREEMENT WITH BRONSTEIN COMPANY, INC. FOR ON-CALL REAL ESTATE APPRAISAL SERVICES: Public Works. 9.APPROPRIATED $50,000 FROM THE 2002 ROBERTI, Z’BERG, HARRIS BLOCK GRANT PROGRAM FOR THE REPLACEMENT OF THE APOLLO ACTIVITY CENTER BUILDING FLOOR: Community Services. 10.APPROVED LOAN AGREEMENTS BETWEEN THE CITY AND THE COMMUNITY DEVELOPMENT COMMISSION – OPERATIVE AGREEMENT NOS. 33 AND 34: Administration noting the clerical change in Agreement No. 34 to reflect $600,000. 11.ADOPTED RESOLUTION NO. 05-6823, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF DIANNE LUMSDAINE TO THE DOWNEY CITY HOSPITAL COMMISSION FOR COUNCIL DISTRICT ONE: Council Member Gafin. 12.ADOPTED RESOLUTION NO. 05-6824, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING SPECIFIC REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY: Finance. 13.ADOPTED RESOLUTION NO. 05-6825, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE CLASS SPECIFICATION AND ESTABLISHING THE SALARY RANGE FOR DIRECTOR OF DEVELOPMENT SERVICES AND DESIGNATING THE DIRECTOR OF DEVELOPMENT SERVICES CLASSIFICATION AS EXECUTIVE MANAGEMENT: Administration. 15.ADOPTED RESOLUTION NO. 05-6827, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING COUNCIL POLICY REGARDING READING TITLES AND WAIVING FURTHER READING OF ORDINANCES AND RESOLUTIONS ON THE AGENDA: City Attorney. ADMINISTRATIVE REPORTS: 16.INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO SPEED LIMITS ON LAKEWOOD BOULEVARD: Public Works. City Council Minutes 01/25/05 -7- 01493 !) Public Works Director Alvarez presented a brief report explaining that periodically traffic studies have to be completed to ensure that the proper speed limit is set for the streets. A study was completed on Lakewood Boulevard and staff is recommending that the speed limit remain the same. City Clerk Midstokke read the title of the Ordinance. It was moved by Council Member Gafin, seconded by Council Member Trejo and unanimously carried to waive further reading and introduce. ORDINANCE NO. (1NTRODUCED) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO SPEED LIMITS ON LAKEWOOD BOULEVARD 17.ADOPT RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OV Y ADOPTING THE FIRST AMENDED JOINT EXERCISE OF POWERS AGREEMENT OF THE OFLANGELINE DEVELOPMENT AUTHORITY: Administration. Assistant City Manager Powell explained in a staff report the purpose of the Orangeline Development Authority and that the City has been a member for one year. An amendment to the Authority’s JPA was presented for approval by the City to allow the City of Santa Clarita to join; however, staff has concerns with continuing participation at this time and is recommending to pull out of the Authority. He went on to explain that some of the concerns are the increasing cost of membership, along with phase costs and that the project is a very ambitious one that is facing many barriers. Along with the two terminus cities not belonging, the Authority does not have control over the property it will need to build upon, they are not recognized by the MTA, OCTA and SCAG as a project they are interested in to received Federal and State funding; extensive environmental review will have to be completed and that the cost of the project will be well into the billions by the time of completion Council Member Cartozian expressed his surprise that the item was being considered as he was unaware of any concerns. He indicated that while the project may cost billions, it has vision and will require lots of work. He feels it is worthwhile for the City to stay involved. He also noted that larger Cities generally don’t join until they see the commitment from the smaller communities involved. Mayor Bayer questioned if we withdrew now, would we be able to rejoin at a later date and was informed that we could request to rejoin. Mayor Pro Tem Perkins noted he understood the points made by Assistant City Manager Powell, but felt that since we were already paid for this year why not continue. He suggested that the Authority require 100% of the memberships’ vote to be able to spend any monies as he is also concerned with runaway costs. The following spoke on behalf and in support of the Orangeline Development Authority: Scott Larson, City ofBellflower Councilmember/Orangeline Authority Chairman City Council Minutes 01/25/05 -8- Al Perdon, Executive Director Orangeline Authority Keith McCarthy, former Council Member/resident of Downey Bruce Marrows, former Mayor ofCerritos/Lockheed Martin representative Mike Holland, Field Representative for Assemblyman Hector de la Torre 014931 Council Member Gafin noted that the project is visionary and progressive although he is concerned that only 13 out of 30 cities have joined thus far and questioned where the nearest station would be to Downey. He was informed that two locations are being looked at: Paramount and the I- 105 freeway and the Rancho Los Amigos property. Council Member Gafin then inquired as to how the percentages were calculated and what Downey’s share of the costs will be and was informed that it is based on two things: 1) the population of the City, with the percentage being 1.5% and 2) the length of the line running through the City, with the percentage being .36%. These percentages are based on all 30 cities being involved. Mr. Perdon explained that the project will take many phases and funding is being sought from the private industry as well as Federal flmding and within the next three years they are hoping to have the funding set up. He sees the City’s cost as being $10,000 – $12,000 in matching funds. Mr. Perdon responded to Council Members concerns regarding safeguards in the spending of the Authority’s funds and protection for the City’s encumbrance of such funds by stating that they don’t spend money that hasn’t been previously approved and he would go to the Board and suggest the passing of a Resolution to strengthen the protection of the City. Council Member Trejo stated that other cities such as Las Vegas and Baltimore are working on these types of projects and inquired what chance they have of receiving Federal funding. Mr. Perdon responded that a $2.5 billion dollar construction grant is being developed and the favorite to get a portion of those dollars is Las Vegas. Mayor Bayer inquired how many cities have joined after Downey and if the cost would go down as more cities joined. Mr. Perdon responded that seven or eight cities had joined after Downey and that the cost would not go down but that the budget for the Authority would grow and Downey’s percentage of those costs would lower as other cities joined. He also noted that it is a goal of the project if it is successful, to pay back the investments of the cities involved. Mayor Bayer then inquired if there was a timeline to get the rest of the cities on board and was told that they are just working on them one at a time and that several have expressed interest already. Council Member Trejo inquired how Huntington Beach fits into the Orangeline and what their contribution is and was informed that they are interested in having feeder access to the line and that their cost if they were to join would be based on population. Mayor Pro Tem Perkins asked how they could work in the change he requested the Authority to have 100% approval before expenditures were incurred instead of the current 2/3 . Council Member Cartozian indicated that he would work on getting that change at the meetings and would keep the Council informed of the status. Mayor Pro Tem Perkins requested that this item come back for review in July. City Clerk Midstokke read the title of the Resolution. City Council Minutes 01/25/05 -9- 01493: It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Perkins and carried (4/1) by the following vote to adopt the Resolution granting the amendment to the JPA with the Orangeline Authority and allowing Santa Clarita to join. AYES : NOES : Cartozian, Gafin, Perkins, Trejo Mayor Bayer It was moved by Council Member Cartozian, seconded by Council Member Gafin and unanimously carried to waive further reading. RESOLUTION NO. 05-6828 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE FIRST AMENDED JOINT EXERCISE OF POWERS AGREEMENT OF THE ORANGELINE DEVELOPMENT AUTHORITY. 18.RECEIVE AND FILE MID-YEAR BUDGET REVIEW: Administration. Assistant City Manager Powell presented a brief report stating that the mid-year review indicates that the City is operating in line with the original budget forecasts. It was moved by Mayor Pro Tem Member Perkins, seconded by Council Member Cartozian and unanimously carried to receive and file the Mid-Year Budget Review report. 19.APPROVE AGREEMENT WITH HAWKINS, DELAFIELD AND WOOD TO PROVIDE LEGAL/CONSULTING SERVICES FOR THE PREPARATION OF A SOLID WASTE SERVICES FRANCHISE AGREEMENT: Public Works. Public Works Director Alvarez explained that the solid waste agreement is very complex to prepare and since the current one expires in December of this year they are starting the process now. It is planned that an Request For Proposal (RFP) for services will be issued by early June. He stated that this company will assist in the preparation of the franchise agreement which will include the RFP. It is planned that the agreement come back to Council by early fall to allow for any transition processes that may need to take place. Council Member Cartozian inquired as to the cost of the agreement, how it is to be reimbursed and about the lost interest on the money because of it not being invested. Public Works Director Alvarez responded that the cost would be approximately $50,000 which comes out of sewer funds and would be reimbursed by the new contractor. He stated that the monies will be spent over a period of time, not all at once; and therefore the loss of interest rates in minimal compared to the significance of the contract. Mayor Pro Tem Perkins stated that he would like to see the RFP ready by late May and congratulated Public Works on starting this long process early. It was moved by Council Member Cartozian, seconded by Council Member Gafin and unanimously carried to approve the agreement with Hawkins, Delafield and Wood to provide legal/consulting services for the preparation of a Solid Waste Services Franchise Agreement. City Council Minutes 01/25/05 -10- 014933 20.APPROVED APPOINTMENT OF MAYOR PRO TEM PERKINS TO THE SR91/1-605 CORRIDOR CITIES COMMITTEE: Administration. It was moved by Mayor Pro Tem Perkins, seconded by Council Member Cartozian and unanimously carried to appoint Mayor Pro Tem Perkins to the SR91/1-605 Corridor Cities Committee. OTHER BUSINESS : CONSENT CALENDER – ITEMS REMOVED BY COUNCIL APPROVAL: 7.APPROVE AGREEMENT WITH LEHMAN, ENGLISH, KELLY AND O’KEEFE FOR GENERAL ADVOCACY SERVICES IN SACRAMENTO: Public Works. Mayor Pro Tem Perkins shared his concerns about using this firm and requested that a report of what they are working on be brought back to Council. It was moved by Mayor Pro Tem Perkins, seconded by Council Member Trejo and unanimously carried to approve the agreement noting, the clerical change in the agreement compensation to reflect $3,000 per month. 14.ADOPT RESOLUTION NO. 05-6826, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING THE BENEFITS PAYABLE TO EMPLOYEES IN CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT, MIDDLE MANAGEMENT AND CONFIDENTIAL/EXEMPT; AND REPEALING PRIOR RESOLUTIONS: Administration. Assistant City Manager Powell responded to Councils inquiries expiaining that this Resolution will incorporate all of the recently passed Resolutions into one comprehensive document with the addition of increasing the monthly maximum retired insurance benefit of the Police and Fire Chiefs to match that of their sworn employees. City Clerk Midstokke read the title of the Resolution. It was moved by Council Member Trejo, seconded by Mayor Bayer and carried (4/1) by the following vote to adopt the Resolution: AYES : NOES : Cartozian, Gafin, Trejo, Mayor Bayer Perkins It was moved by Council Member Trejo, seconded by Council Member Gafin and unanimously carried to waiver further reading. City Council Minutes 01/25/05 -11- 014934 OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items: Council Member Gafin requested a future agenda item on the feasibility of using synthetic grass on the medians and announced that he had attended the recent Chamber of Commerce Anniversary luncheon, the City Affairs Committee meeting, and the Chamber Board of Directors meeting. He also noted that he had attended a meeting of the Unity in the Community group and encouraged a similar group to form for the Golden Park area. Council Member Cartozian requested a meeting with the Economic Development Director to review the progress of the development review process. Mayor Pro Tem Perkins announced that he had attended the Downey Hospital Board meeting this morning and that the City’s voice is being heard; and requested a Closed Session review of the Secretary of Economic Development/City Attorney position. STAFF MEMBER COMMENTS: Assistant City Manager Powell congratulated Council Member Gafin on his recent performance as a Police Officer in the “Odd Couple“ play at the Downey Theatre. ADJOURNMENT: 11:38 p.m. The meeting adjourned in memory of Elton Wallar, longtime local business owner and Downey resident to 6:30 p.m., February 8, 2005, in the Council Chamber of Downey City Hall. t\\(X ANNE M. BAYER, maKATHLEEN L. hW)STOKKF. City Clerk City Council Minutes 01/25/05 -12-