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HomeMy WebLinkAboutMinutes - 02-22-05 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING FEBRUARY 22, 2005 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:32 p.m., February 22, 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/Economic Development Director Kathleen L. Midstokke, City Clerk/Secretary Lee Powell, Assistant City Manager James Makshanoff, Assistant to the City Manager Desi Alvarez, Director of Public Works Linda Haines, Development Services Director Bonnie Kehoe, Community Services Director Mark Sellheim, Principal Planner STUDY SESSION PRESENTATION OF STATUS OF DEVELOPMENT ACTIVITIES AT FORMER NASA SITE: Kaiser, Downey Landing and Downey Studios: Economic Development. Economic Development Director Vose explained the purpose of the study session and indicated that each developer at the site had a representative who will be presenting the status of development on their projects tonight. Director Vose gave a brief history of the former NASA site which began in the mid 1990s with the City negotiating with the Federal government to purchase the site. A Specific Plan Area was adopted for the property in 2002 and Kaiser began negotiations with the City in 2002. Industrial Realty Group on behalf of Downey Studios began their plans in 2003 and Downey Landing finalized their plans in 2004. The overall value of the improvements to be constructed on the entire NASA site would approach approximately $1 Billion. Director Vose then introduced Rick Buckrop. Rick Buckrop, representative of Kaiser Permanente reviewed the status of the Downey Medical Center Project, consisting of 30 acres. He first addressed the water issues regarding the development which include extending the sanitary sewer 1,000 feet to Clark Avenue, extending the City Council/Community Dev. Comm. Minutes (adj .) 02/22/05 -1- domestic water 1,000 feet to Clark Avenue, extending the reclaimed water 2,200 feet to Lakewood Boulevard, and a 400,000 gallon water retention system. He indicated that there are approximately 150 workers a day on site involved in the construction of the offices which have exterior sheathing and are getting ready for plastering. The hospital is expected to break ground in April with a 44 month schedule and an opening date of late 2008. When completed, the complex is expected to have 3000 employees. Director Vose then introduced Douglas Gray, developer of the retail portion known as Downey Landing, consisting of 34 acres, who gave an update on the potential tenants. They include: Pets Mart, Best Buy, Ballys Fitness, Marshalls, Old Navy, Michaels, Ross, Elephant Bar and Chili’s restaurants. He indicated the project includes 20,000 square feet of sit down restaurants. He did note that the heavy amount of rain is affecting the construction schedule, but that most tenants expect to open by the holiday season. Director Vose indicated that due to the heavy amount of rain this year, the City is allowing some limited amount of construction to occur on Sundays in the southern portion of the retail site. He then introduced Mr. Stuart Lichter of the Industrial Realty Group. Stuart Lichter, developer of Downey Studios and the film media center consisting of 78 acres, gave a development update mentioning that electrical power, plumbing, and gas have been restored to the site. Over 350,000 square feet of roofing has been replaced throughout the buildings. Due to construction of the world’s largest indoor water tank for motion picture use, a lot of the water films that were having to go overseas can now stay in California for filming. The Kaufmann Wing has been fully renovated to comply with the historic preservation agreement. It is planned that three support restaurants will be on site. Director Vose stated that a request for an amendment to the Specific Plan along with environmental documentation will be coming before City Council in the near future due to such reasons as the necessity to update the permitted uses on the site, consistency issues with the newly adopted General Plan and to eliminate any right-of-way conflicts. PUBLIC COMMENT Lennie Whittington, resident of Downey, stated that the movie studio was really looking good and questioned when the Kaiser parking structure and central plant would be completed. Rick Buckrop responded that the parking structure would be built when the second medical office building is completed and the central plant is planned for 2006. 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 February 8, 2005. City Council/Community Dev. Comm. Minutes (adj.) 02/22/05 -2- RECESS TO CLOSED SESSION Mayor/Chairman Bayer announced the Council/Commission is recessing to Closed Session (7:15 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 Charles Vose re: property at 8764 Firestone Boulevard; negotiating party: Citigroup Inc. Corporate Realty Services; under negotiation: price and terms of payment. RECONVENED The meeting reconvened in Open Session at 7:36 p.m. with all Council Members/ Commissioners present. There were no Closed Session actions to report. The meeting recessed at 7:39 p.m. PUBLIC COMMENT The meeting reconvened for Public Comment at 8:15 p.m. with all Council Members/ Commissioners present (see Public Comment under Regular City Council Meeting) and recessed at 8:21 p.m The meeting reconvened at 9:17 p.m. with all Council Members/Commissioners present. ADJOURNMENT: 9:17 p.m. Ms KE-:ity Clerk/Secretary ANNE M. BAYER, M -or/Chairman City Council/Community Dev. Comm. Minutes (adj.) 02/22/05 -3- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING FEBRUARY 22, 2005 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Presentations Public Hrg. - CDBG & Home Investment Grant Programs Reso. # 05-6832 - Shared-Use Parking 8206, 8222, 8224, & 8228 Firestone Blvd. Rec’d & Comment Adopted 2 2 Public Comment 3 3 4 4 Consent Calendar Item Removed Council Minutes: Adj. & Reg. Mtgs. 02/08/05 Warrants: # 201876 - 202249; Wire Nos. 30000959-966; $2,500,856.07 CC # S.S.543 – Miscellaneous concrete construction & repair CC # 632-IA – Award Sequel Contractors $6,274,630 contract Lakewood Boulevard Improvement Project City Prosecutor Agmt. w/Dapeer, Rosenblit & Litvak, LLP Appropriate $6,000 1CRMA funds for Ergonomic chairs Reso. #05-6833 – Lighting & Landscaping District A.D. 121 Fiscal Year 2005-06 report Reso. #05-6835 – Modify Salary Ranges: Asst. City Mgr., Adopted Pub. Works Director & Bldg. Official, Change title Deputy City Mgr. Reso. #05-6836 – Appoint Pat Smith to Personnel Advisory Board Adopted Reso. #05-6837 – Request LA County to audit Sheriffs costs Adopted charged to taxpayers of contract cities. Ordinance – Issuance of PERS Pension Bonds Approved Approved Approved Approved 4 4 4 4 4 4 4 4 5 Approved Approved Adopted Introduced COUNCIL MINUTES, FEBRUARY 22, 2005 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. 6Reso. # 05-6834 - Modify Automobile Benefits, Dir. of Dev. Services Adopted Council Member Announcements/Requests for Future Agenda Items 6 7 7 Staff Comments Adjournment . 014943 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING FEBRUARY 22, 2005 The City Council of the City of Downey held a Regular Meeting at 7:39 p.m., February 22, 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 Linda Haines, Director of Development Services Bonnie Kehoe, Director of Community Services John Michicoff, Director of Finance Mark Sauter, Fire Chief Ed Velasco, Housing Manager William Davis, Business Development Manager Susan Domen, Executive Secretary PRESENTATIONS : Mayor Bayer presented the Service to the City Award to Michael Medina, Residential Rehabilitation Supervisor, Housing Division. Mayor Bayer presented Certificates of Appreciation to Emergency Preparedness Committee Members Robert Rubio, Lee Ann Sears and Janet Molinaro; and Community Emergency Response Team Members Tom Woodard and Chuck Anna who aided with the recent emergency evacuation in Downey. A Certificate was also presented to Lynn Reynolds, a C.E.R. T. member who aided with the Florida hurricanes. City Council Minutes 02/22/05 -1- 014944 PUBLIC HEARINGS: 1.FIVE-YEAR CONSOLIDATED PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT AND THE HOME INVESTMENT PARTNERSHIP GRANT PROGRAMS: Development Services. The Public Hearing was opened at 7:49 p.m. City Clerk Midstokke affirmed receipt of Proof of Publication. It was moved by Council Member Trejo, seconded by Mayor Pro Tem Perkins and so ordered by the Mayor to receive and file Housing Manager Velasco presented a staff report explaining that the City is currently preparing its Five Year Housing Plan that must be in place by July 1, 2005 in order to continue to receive the housing allocations. During the process the housing and non-housing needs of various population groups in the community are assessed. He continued that there are six elements to the housing plan: (1) housing deficiencies and affordable housing; (2) non-housing supportive needs; (3) establishing the priorities and the distribution of fLmds; (4) new projects and programs; (5) effectiveness of existing programs; and (6) housing discrimination. Kevin McDonald, Executive Director of ARC, noted that he hoped an emphasis on the employment and housing needs of those with disabilities is being looked at during the review of the plan Janette Gausdin, SE Los Angeles Special Olympics representative, asked that their program be recognized and considered for assistance for the athletes in Downey. It was moved by Mayor Pro Tem Perkins, seconded by Council Member Gafin and so ordered by the Mayor to close the Public Hearing with the time being 8:00 p.m. There was no further action on this item. 2.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A SHARED-USE PARKING AGREEMENT BETWEEN RETAIL USES AT 8206 FIRESTONE BOULEVARD (DOWNEY’S BILLIARDS), 8222 FIRESTONE BOULEVARD (STORM FORCE), 8224 FIRESTONE BOULEVARD (NET ELECTRONICS), AND 8228 FIRESTONE BOULEVARD (LULU'S BAKERY): Development Services. The Public Hearing was opened at 8:01 p.m. City Clerk Midstokke affirmed receipt of Proof of Publication. It was moved by Council Member Gafin, seconded by Council Member Trejo and so ordered by the Mayor to receive and file. Business Development Manager Davis presented a staff report explaining that Downey Billiards previously expanded their business by adding three tables with a Shared Use Parking Agreement in April 2002 and would like to do so again by adding two more tables. The previous agreement allowing the three extra tables is dissolved as the tenants involved changed. Therefore, City Council Minutes 02/22/05 -2- 014943 staff is recommending a new Shared Use Parking Agreement between Downey Billiards, Storm Force, Net Electronics and Lulu’s Bakery be entered into, to allow for all of the additional spaces required for all five tables and that a Declaration of Restrictive Covenant be recorded. He noted that all parties including the property owner were in agreement with all conditions and requirements. Mayor Pro Tem Perkins inquired what would happen if the tenants changed again and was told that the Covenant will make sure that the agreement covers all future tenants. Council Member Cartozian asked if Downey Billiards had abide(i by the previous agreement and was informed that they had been in compliance to date. Council Member Trejo inquired what the penalty would be if any of the businesses closed later than their restricted times. City Attorney Vose explained that any violations of the restrictions in the agreement could potentially require the owner of the Billiards to cease the operations of the extra tables allowed in the agreement. There being no one from the public coming forward to speak, it was moved by Council Member Trejo, seconded by Mayor Pro Tem Perkins and so ordered by the Mayor to close the Public Hearing with the time being 8:15 p.m. There being no further discussion of the Council, it was moved by Council Member Cartozian, seconded by Council Member Trejo and unanimously carried to adopt the Resolution. RESOLUTION NO. 05-6832 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A SHARED-USE PARKING AGREEMENT BETWEEN RETAIL USES AT 8206 FIRESTONE BOULEVARD (DOWNEY’S BILLIARDS), 8222 FIRESTONE BOULEVARD (STORM FORCE), 8224 FIRESTONE BOULEVARD (NET ELECTRONICS), AND 8228 FIRESTONE BOULEVARD (LULU'S BAKERY). NON-AGENDA PUBLIC COMMENT: Connie Sziebel, resident of Downey, complained about lack of Verizon services for six weeks and asked Council to pass this along to the State elected representatives. CONSENT CALENDAR – ITEMS FOR REMOVAL 10.ADOPT RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY MODIFYING THE AUTOMOBILE BENEFITS FOR THE DIRECTOR OF DEVELOPMENT SERVICES: Administration. This item was removed at the request of Council Member (Iann and is listed under Other Business below. City Council Minutes 02/22/05 -3- 014946 CONSENT CALENDAR It was moved by Mayor Pro Tem Perkins, seconded by Council Member Gafin and unanimously carried to approve the remainder of the Consent Calendar items as recommended: 3.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings February 8, 2005: City Clerk. 4.APPROVED WARRANTS ISSUED: Nos. 201876-202249; Wire Nos. 30000959-966: in the total amount of $2,500,856.07: Finance. 5.CASH CONTRACT NO. S.S. 543: APPROVED PLANS AND SPECIFICATIONS AND GRANTED AUTHORITY TO ADVERTISE FOR BIDS; AND APPROPRIATED $56,562 1N PEDESTRIAN GRANT FUNDS FOR MISCELLANEOUS CONCRETE CONSTRUCTION AND REPAIR: Public Works. 6.CASH CONTRACT NO. 632-1A: AWARDED CONTRACT IN THE AMOUNT OF $6,274,630 TO SEQUEL CONTRACTORS; AND APPROPRIATED $1,000,000 1N ECONOMIC DEVELOPMENT ADMINISTRATION GRANT FUNDS FOR LAKEWOOD BOULEVARD IMPROVEMENT PROJECT: Public Works. 7.APPROVED AGREEMENT FOR CITY PROSECUTOR SERVICES WITH DAPEER. ROSENBLIT & LITVAK, LLP: Police. 8.APPROPRIATED $6,000 FROM INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY FOR PURCHASE OF ERGONOMIC CHAIRS: Administration. 9.ADOPTED RESOLUTION NO. 05-6833, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT ON ASSESSMENTS WITHIN LIGHTING AND LANDSCAPING DISTRICT A.D. 121 FOR FISCAL YEAR 2005-06: Public Works. 11.ADOPTED RESOLUTION NO. 05-6835, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY MODIFYING THE SALARY RANGES OF THE ASSISTANT CITY MANAGER, PUBLIC WORKS DIRECTOR AND BUILDING OFFICIAL, AND CHANGING THE TITLE OF ASSISTANT TO THE CITY MANAGER TO DEPUTY CITY MANAGER: Administration. 12.ADOPTED RESOLUTION NO. 05-6836, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF PAT SMITH TO THE PERSONNEL ADVISORY BOARD FOR COUNCIL DISTRICT FOUR: Mayor Bayer. 13.ADOPTED RESOLUTION NO. 05-6837, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE LOS ANGELES COUNTY BOARD OF SUPERVISORS TO UNDERTAKE A FAIR AND NON-ARBITRtRY AUDIT OF SHERIFF’S COSTS CHARGED TO THE TAXPAYERS OF THE CONTRACT CITIES: Administration. City Council Minutes 02/22/05 -4- 0 1 4 9 47 ADMINISTRATIVE REPORTS : 14.INTRODUCE ORDINANCE NO. , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF PENSION OBLIGATION BONDS, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST AGREEMENT, AND AUTHORIZING A VALIDATION ACTION AND OTHER MATTERS RELATING THERETO: Administration. Assistant City Manager Powell presented a report outlining the benefits and risks involved in participating in this program which is sponsored by the League of California Cities and the California State Association of Counties. Staff is recommending that the City participate in the amount of approximately $20,000,000. He went on to explain that Pension Obligation Bonds (POB) are a debt financing program that many governmental agencies have used in the past. The purpose is to provide cash to the Public Employees Retirement System (PERS) in order to reduce the payments the City must make. With the current interest rates the staff is projecting a savings of $184,000 per year. The risks involved are that if PERS projection of 7.75% rate of return is incorrect, the savings for the City would be reduced. If their actual experience is below the interest rate of the bonds then the City will incur additional costs. He continued that the City has three choices: (1) to not participate, (2) to participate to the fullest extent of the entire $30,000,000 debt, or (3) participate at two-thirds of the liability, $20,000,000, which is the staff recommendation. Council Member Cartozian asked who the financial underwriter for the bonds would be and was informed that Morgan Stanley would be the underwriter with Wells Fargo Bank being the trustee. He also questioned what rate does the return need to be to break even and Assistant City Manager Powell responded that the bond program will not go forward if interest rates go higher than 6.5% Council Member Trejo inquired as to the risk difference in funding two-thirds or the entire $30,000,000 and was informed that if the City were to fund the entire $30 million, that the debt might be over-funded. Bob Goldstein, resident of Downey, inquired whether the City has ever received money back from PERS due to over-funding and the response was yes the City has received credits. John Lacey, resident of Downey, indicated that he supports efforts to try to save money, but these are complicated transactions that take time to understand. It was moved by Council Member Gafin, seconded by Council Member Trejo and carried by the following vote to introduce the Ordinance authorizing the issuance of Pension Obligation Bonds. AYES : NOES : Gafin, Trejo, Mayor Bayer Cartozian, Perkins City Council Minutes 02/22/05 -5- 01494 S ORDINANCE NO. (1NTRODUCED) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF PENSION OBLIGATION BONDS. APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST AGREEMENT, AND AUTHORIZING A VALIDATION ACTION AND OTHER MATTERS RELATING THERETO OTHER BUSINESS : CONSENT CALENDER – ITEMS REMOVED BY COUNCIL APPROVAL: 10.ADOPT RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY MODIFYING THE AUTOMOBILE BENEFITS FOR THE DIRECTOR OF DEVELOPMENT SERVICES: Administration. Council Member Gafin stated he had concerns with providing an automobile for this position as it is not economically prudent and feels they should receive the car allowance as all other Department Heads. City Manager Caton explained that Director Haines currently has the car as part of her job duties as Chief Building Official and while she is now a department head she will continue to serve in the function as Chief Building Official and therefore should be allowed to keep the use of the car. Council Member Trejo inquired as to the frequency and cost of the maintenance of City vehicles and was told that there is the normal cost of maintaining the vehicles tires, tune-ups, insurance, etc. and every four to five years the cars are turned in. It was moved by Council Member Trejo, seconded by Council Member Cartozian and carried by the following vote (3/2) to adopt the Resolution. AYES : NOES : Cartozian, Trejo, Mayor Bayer Oann, Perkins RESOLUTION NO. 05-6834 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY MODIFYING THE AUTOMOBILE BENEFITS FOR THE DIRECTOR OF DEVELOPMENT SERVICES. OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items: Council Member Cartozian noted the retirement of Downey High School Principal Allen Layne who was a role model for him and thanked the Downey Patriot for their coverage of this item. City Council Minutes 02/22/05 -6- 014943 Council Member Gafin addressed recent comments by the Aerospace Legacy Foundation (ALF) about them not be included in the process of selecting the Board of Directors for the Columbia Memorial Space Science Learning Center Foundation. It was explained that this Foundation is only for money raising purposes and it is the intention to include the ALF in future plans for the actual operation of the museum and possibly the establishment of a new Commission. Council Member Gafin announced that he had recently attended the Downey Rose Float Association installation dinner and the lst annual Unity in the Community celebration and encouraged attendance at Golden Park on March 15 for the establishment of a second location for this group. Council Member Cartozian confirmed that the formation of the Columbia Memorial Space Science Learning Center Foundation was strictly for fundraising purposes only and suggested that the City Council subcommittee should address the concerns of the ALF. Council Member Trejo expressed that with the recent heavy rains, Downey is very fortunate to have such good water control and flood channels. Council Member Trejo announced that he had attended, along with Council Member Cartozian and Mayor Pro Tem Perkins, the Independent Cities Association conference in Santa Barbara which focused on hometown security and was relieved to hear that all departments are being pro active in this regard. Mayor Pro Tem Perkins announced that Thursday will be a retirement dinner for L. A. Superior Court Judge Perkins at the Rio Hondo Clubhouse. Mayor Bayer noted that the City departments do an excellent job in working together. STAFF MEMBER COMMENTS : City Manager Caton thanked the City Council for their support tonight of Assistant City Manager Powell, Public Works Director Alvarez and Deputy City Manager Makshanoff, who are extremely important staff members; and asked for the public’s patience in dealing with the construction of intersection improvements at Lakewood and Firestone Boulevards, which will be beneficial when completed. ADJOURNMENT: 9:17 p.m. The meeting adjourned in memory of Sarah Berukoff, Great Aunt of James Makshanoff, Assistant to the City Manager, to 6:30 p.m., March 8, 2005, in the Council Chamber of Downey City Hall £Q.*- aa ,EEN L. MiDSTOKKE, City Clerk ,U=-.,,,.,Z/ \ \_n, A""'~' ' A*=*'~”y City Council Minutes 02/22/05 -7-