Loading...
HomeMy WebLinkAboutMinutes - 03-26-02 - Regular Meeting014091 MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING MARCH 26, 2002 The City Council/Community Development Commission of the City of Downey held an adjourned regular meeting at 6:35 p.m., March 26, 2002, in the Council Chamber of the Downey City Hall, Mayor/Chairman Meredith H. Perkins presiding. PRESENT:Council Members/Commissioners: Meredith H. Perkins Rick Trejo Kirk O. Cartozian Keith McCarthy Robert C. Winningham Mayor/Chairman Mayor Pro Tem/Vice-Chairman ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Charles Vose, City Attorney Kathleen Midstokke, City Clerk/Secretary Lee Powell, Assistant City Manager Darrell George, Director of Community & Economic Development/ Assistant Executive Director Steven Yee, Economic Development Coordinator APPROVAL OF CLOSED SESSION MINUTES – MARCH 12, 2002 Council Member/Commissioner Trejo noted he was not present at the Meeting of March 12, 2002, and will abstain from voting on the Minutes. It was moved by Council Member/Commissioner Winningham, seconded by Council Member/Commissioner McCarthy, and unanimously carried, to approve the Closed Session Minutes of March 12, 2002, with the abstention as noted on the Minutes. CLOSED SESSION Mayor/Chairman Perkins announced the Council/Commission is recessing to Closed Session (6:36 p.m.) to discuss matters under the authority of the following Sections of the Government Code: A. SECTION 54956.8 – Conference with real property negotiators Gerald Caton and Darrell George re property: 8400 Firestone Boulevard; negotiating parties: Simpson Automotive; under negotiation: price and terms of payment. B. SECTION 54956.8 – Conference with real property negotiators Gerald Caton and Darrell George re property: 11190 Florence Avenue; negotiating parties: Massey Cadillac, Inc.; under negotiation: price and terms of payment. City Council/Community Dev. Comm. Minutes (adj .) 3/26/02 -1- 01409: The meeting reconvened in open session at 7:25 p.m. with all Council Members/- Commissioners present. There were no Closed Session actions to report. The meeting recessed at 7:26 p.m. ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 8:15 p.m. with all Council Members/- Commissioners present (see Oral Communications under the Regular City Council Meeting) and recessed at 9:07 p.m. The meeting reconvened at 10:09 p.m. with all Council Members/Commissioners present. ADJOURNMENT: 10:10 p.m. gM@@#.?rM@ah Kathleen L. Midstokke, City Clerk/Secretary Meredith H. Perkins, Mayor/Chairman h:\cclerk\sconte\MinADJ032602 City Council/Community Dev. Comm. Minutes (adj .) 3/26/02 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 26, 2002 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Mayor’s Soaring Eagle Award for March to Desi Gutierrez, Junior Civil Engineer Removal of Items from Consent Calendar 2 2Council Minutes: Adj. & Reg. Mtgs. 3/12/02 Approved Cash Contract #S.S.483 – Light Emitting Diode (LED) Traffic Signal/Pedestrian Head Conversion, Citywide: Approve final cost of $25,643.75 & accept the improvements & maint. responsibility for the traffic signal modifications Approved 3 Warrants Issued: No. 174456-174873; Wire Nos. 30000297-304; $2,725,529.44 Approved 3 General Plan Review Committee: Confirm the persons listed as members Approved 3 Extend agreement for professional planning services: Auth. the City Mgr. to execute and extend an existing agreement w/Hogle-Ireland & approve an appropriation from the General Fund in an amount not-to-exceed $25,000 Approved 3 Cooperative Agreement w/the State of Calif. Dept. ofTranspor- tation (Caltrans) to further study the beneficial use of ground- water along the 1- 105 Freeway: Approve the modified Coop. Ag. w/Caltrans (District Agreement #07-4620)Approved 3 Res. #6551, approv. the appointment of Mike Monaco to the Cable TV Advisory Committee, Dist. 5 Adopted 3 Res. #6552, opposing SB 1664 – amending the membership of the San Gabriel & Lower Los Angeles Rivers & Mountains Conservancy Adopted Adopted 3 Res. #6553, approv. the destruction of certain obsolete records of the Police Dept.3 PAGE 1 OF 5 COUNCIL MINUTES, MARCH 26, 2002 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #6554, approv. Tract Map No. 53564 for property at 7945 to 7951 Stewart & Gray Rd.Adopted 4 Res. #6555, designating Gotham St. as a through street at its intersection with Eglise Ave. & approv. the installation of a stop sign on the Eglise Ave. approach Adopted 4 Cash Contract #623 – Independence Skate Park & Tennis Center: Approve plans and specs. & grant authority to advertise for bib Approved 4 Amendment of contract with Kennedy/Jenks Consultants for water engineering services: Approve amendment to contract to provide as needed engineering services in the area of water system improvements, water quality, and regulations impacting the water system Approved 5 5 2002 Investment Policy: Continued to include strikeouts showing changes made Cont. to 7:30 p.m. 4/9/02 Kaiser Permanente Application to California Statewide Communities’ Development Authority for tax exempt financing Set hI:g. for 7:30 p.m. 4/9/02 5 Columbus High School youth field improvements – Professional Design Services Agreement: Auth. the Mayor to execute an agreement w/Tatsumi and Partners, Inc. in the amount of $25,975 for preparation of plans, specs. and estimate for the youth field improvements at Columbus High School; & appropriate $325,000 from the 2000 State Bond Act for the project Approved 6 Consent to Assignment of Lease for property located at 1 1190 Florence Ave. from Massey Cadillac, Inc. to Sonic Automotive, Inc.: Execute the Landlord Consent and Estoppel Certificate to assign the lease for City owned property located at 1 1 190 Florence Ave. Approved, as amended 6 7Groundwater conjunctive use in West and Central Basins Cont. to 4/9/02 Proposed Shared-Use Parking Agreement (No. 01-67) between retail uses at 8206 Firestone Blvd., 8222 Firestone Blvd. & 8224 Firestone Blvd. Set hrg. 7:30 p.m. 4/9/02 7 PAGE 2 OF 5 COUNCIL MINUTES, MARCH 26, 2002 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Consideration of removing item from “Tabled” status for Zone Change No. 01-23 for property at 11221 Paramount Blvd. Ref. to Planning Commission 8 Ord. #1123, adopting the Downey Landing Specific Plan (SP-01 -01) Adopted, as amended 9 9 10 Speakers regarding the recent Police involved shooting of Gonzalo Martinez Augustin Cevada requested permission to conduct a March and ceremony for Mr. Martinez on 4/20/02 & requested the City issue a permit: He was req. to contact the City Manager Annalisa Hungaford representing the Friends of Johnnie’s Broiler submitted a petition supporting maintaining this historical building in the City 10 Christie Wall representing the Friends of Johnnie’s Broiler urged the Council to preserve this landmark & req. it be placed on a fUture Agenda 10 10 Lennie Whittington referred to his earlier comments & why he was upset Chamber of Commerce Street Faire Permit: Provide the 3 items normally supplied, the mobile stage, Public Works’ staff & Police Dept. security, not to exceed $6,100 Approved 12 Lakewood Blvd. Improvement Project: Auth. the Mayor to execute a Professional Services Agreement w/Lim & Nascimento Eng. Corp. for preliminary engineering of the Lakewood Improvement Proj . in an amount not to exceed $3 12,383 Approved 14 Cn. Cartozian noted it is helpful to the Council to have any changes in documents shown in italics, bolding or strikeouts 14 14 14 Cn. Cartozian req. staff looks into the lights being dim at the Golden Park basketball courts Cn. Cartozian directed staff to look into potential of posting “no skateboarding” signs in the downtown area PAGE 3 OF 5 COUNCIL MINUTES, MARCH 26, 2002 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cn. Cartozian stated he would like to see a general welcome them on the banners and sjgns in the downtown area rather than an emphasis on “shopping downtown’14 Cn. Cartozian re Gangs Out of Downey Luncheon & commended staff member Bonnie Kehoe for her services as President of this organization 14 Cn. Cartozian announced the last publication of the Downey Eagle this Friday after nine years and thanked John Adams and Jerry Andrews for their coverage of Downey news 14 Cn. Trejo re incident in the Downey Junior Athletic Association where fifth grade boys were set to play eighth grade boys and mentioned his concern re the risk of injury 14 14 Cn. Trejo referred to seeing more shopping carts around the City of Downey Cn. Trejo mentioned having the pleasure of taking J. R. Redmond, a professional football player for the New England Patriots, to Downey and Warren High Schools to talk to the kids about the importance of their grades 14 14Cn. Trejo wished everyone a Happy Easter Cn. Winningham noted he and the other Council Members enjoyed attending the reorganization of the Norwalk City Council 14 Cn. Winningham noted the Downey Chamber of Commerce acknowledged five City employees at an awards luncheon last Friday 15 Cn. Winningham commented on a recent Press Telegram article that stated Downey was falling behind in its recycling efforts 15 Cn. McCarthy re approval of the General Plan Committee and acknowledged two members in the audience and thanked them for their services 15 PAGE 4 OF 5 COUNCIL MINUTES, MARCH 26, 2002 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cn. McCarthy referred to correspondence from the community complimenting two Police Officers 15 Cn. McCarthy mentioned testifying at a hearing of the State Water Quality Board yesterday with the Director of Public Works re new State regulations on storm water runoff and trash 15 Mayor Perkins thanked John Adams of the Downey Eagle and Arnold Adler of the Herald American for their excellent newspaper reporting for the City of Downey 15 Mayor Perkins re speaking to the Downey Kiwanis Club last Thursday 15 Mayor Perkins announced the family fun bowl event for the Police and Fire Associations on Saturday was an enjoyable event 15 Mayor Perkins re maintenance issues at the Apollo Park recreation buildings and requested a report back 16 Mayor Perkins re schedule for the Independence Park Improvements 16 Meeting adjourned to 6:30 p.m., April 9, 2002 H:\cclerk\sconte\tab10326 PAGE 5 OF 5 - 014093 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 26, 2002 The City Council of the City of Downey held a regular meeting at 7:40 p.m., March 26, 2002, in the Council Chamber of the Downey City Hall, Mayor Meredith H. Perkins presiding. PRESENT: Council Members : Meredith H. Perkins Rick Trejo Kirk O. Cartozian Keith McCarthy Robert C. Winningham Mayor Mayor Pro Tem ALSO PRESENT:Gerald M. Caton, City Manager Charles Vose, City Attorney Kathleen Midstokke, City Clerk Lee Powell, Assistant City Manager Desi Alvarez, Director of Public Works John Finch, Police Chief Darrell George, Director of Community/Economic Development John Michicoff, Director of Finance Mark Sauter, Fire Chief Ron Yoshiki, Asst. Director of Community Dev./City Planner Bonnie Kehoe, Recreation Division Manager Christina Vogel, Assistant to the City Manager Steven Yee, Economic Development Coordinator Shirley Conte, Executive Secretary PRESENTATIONS Mayor Perkins presented the Mayor’s Soaring Eagle Award for Education for the month of March to Desi Gutierrez, Junior Civil Engineer. He advised Mr. Gutierrez works full-time while attending school, will soon complete his Bachelor of Science degree, and successfully passed the Engineer Training Examination, an 8-hour test administered by the State. He congratulated Desi on an outstanding job and introduced Desi’s his wife, Christina, who was also present. Mr. Gutierrez thanked the Mayor and Council for this acknowledgement. HEARINGS: None Council Minutes 3/26/02 -1- 0140 !! ’; CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Items, VI-E-2, 2002 INVESTMENT POLICY, VI-E-5, KAISER PERMANENTE APPLICATION TO CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR TAX EXEMPT FINANCING. VI-E-6. COLUMBUS HIGH SCHOOL YOUTH FIELD IMPROVEMENTS – PROFESSIONAL DESIGN SERVICES AGREEMENT, and VI-G- 1, SECOND READING - DOWNEY LANDING SPECIFIC PLAN – A SPECIFIC PLAN FOR THE SITE OF THE FORMER NASA INDUSTRIAL PLANT, were removed at the request of Council Member McCarthy. Agenda Items, VI-E-9, GROUNDWATER CONJUNCTIVE USE IN WEST AND CENTRAL BASINS, VI-E-10, SET PUBLIC HEARING FOR A PROPOSED SHARED-USE PARKING AGREEMENT BETWEEN RETAIL USES AT 8206 FIRESTONE BOULEVARD (DOWNEY’S BILLIARD), 8222 FIRESTONE BOULEVARD (REDZONE), AND 8224 FIRESTONE BOULEVARD (NET ELECTRONICS), and VI-E-11, CONSIDERATION OF REMOVING ITEM FROM “TABLED” STATUS FOR ZONE CHANGE NO. 01-23 FOR PROPERTY LOCATED AT 11221 PARAMOUNT BOULEVARD, were removed at the request of Council Member Wirmingham. Mr. Vose pointed out the staff recommendation is being modified on Agenda Item VI-E-8, CONSENT TO ASSIGNMENT OF LEASE FOR PROPERTY LOCATED AT 11190 FLORENCE AVENUE FROM MASSEY CADILLAC, INC. TO SONIC AUTOMOTIVE, INCORPORATED, which is that the item be approved to approve the consent and assignment in the Landlord Consent and Estoppel Certificate and authorize the Mayor to sign subject to the payment of $6,408 and further non-substantive modifications as recommended by the City Attorney. Agenda Items, VI-C-2, CASH CONTRACT NO. 623 1NDEPENDENCE SKATE PARK AND TENNIS CENTER, VI-E-8, CONSENT TO ASSIGNMENT OF LEASE FOR PROPERTY LOCATED AT 11190 FLORENCE AVENUE FROM MASSEY CADILLAC, INC. TO SONIC AUTOMOTIVE, INC., were removed at the request of Lennie Whittington, 8542 Manatee Street. Agenda Item VI-E-1, AMENDMENT OF CONTRACT WITH KENNEDY/JENKS CONSULTANTS FOR WATER ENGINEERING SERVICES, was pulled at the request of Mayor Perkins. CONSENT CALENDAR Council Member Trejo noted he was not present at the Meeting of March 12, 2002, and will abstain from voting on the Minutes. It was moved by Council Member Winningham, seconded by Council Member Cartozian, and unanimously carried to waive further reading of the Resolutions and approve the remainder of the Consent Calendar, with the abstention as noted on the Minutes, as recommended: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS. MARCH 12. 2002: Approve. Council Minutes 3/26/02 -2- 01409 iS CASH CONTRACT NO. S.S. 483 – LIGHT EMITTING DIODE (LED) TRAFFIC SIGNAL/PEDESTRIAN HEAD CONVERSION, CITYWIDE (ACCOUNT NO. 26- 16483): Approve the final contract cost of $25,643.75 and accept the improvements and the maintenance responsibility for the traffic signal modifications: Approve. WARRANTS ISSUED: NO. 174456 – 174873; WIRE NOS. 30000297-304; $2,725,529.44: Approve. GENERAT, PLAN REVIEW COMMITTEE: Confirm the persons listed as members of the General Plan Review Committee: Approve. EXTEND AGREEMENT FOR PROFESSIONAL PLANNING SERVICES: Authorize the City Manager to execute and extend an existing agreement for professional planning services with Hogle-Ireland and approve an appropriation Brom the General Fund in an amount not-to-exceed $25,000: Approve. COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) TO FURTHER STUDY THE BENEFICIAL USE OF GROUNDWATER ALONG THE 1-105 FRF,EWAY: Approve the modified Cooperative Agreement with Caltrans (District Agreement No. 07-4620): Approve, RESOLUTION NO. 6551 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MIKE MONACO TO THE CABLE TV CITIZENS ADVISORY COMMITTEE, COUNCIL DISTRICT 5 RESOLUTION NO. 6552 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING SB 1664 – AMENDING THE MEMBERSHIP OF THE SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY RESOLUTION NO. 6553 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE POLICE DEPARTMENT Council Minutes 3/26/02 01409 S RESOLUTION NO. 6554 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP NO. 53564 (7945 THROUGH 7951 STEWART AND GRAY ROAD), APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING AN IRREVOCABLE STANDBY LETTER OF CREDIT AS SURETY RESOLUTION NO. 6555 (ADOPT) nn\ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING GOTHAM STREET AS A THROUGH STREET AT ITS INTERSECTION WITH EGLISE AVENUE AND APPROVING THE INSTALLATION OF A STOP SIGN ON THE EGLISE AVENUE APPROACH ORDINANCES: None RESOLUTIONS: None Council Member Cartozian requested ADMINISTRATIVE REPORTS be held after 8 :30 p.m., stating he had directed the representatives of the Downey Chamber of Commerce that this item would not be heard until after that time, to which the other Council Members agreed. OTHER BUSINESS - Consent Calendar - Items removed by Council Approval CASH CONTRACT NO. 623 – INDEPENDENCE SKATE PARK AND TENNIS CENTER (ACCOUNT NO. 27-13972) Lennie Whittington, 8542 Manatee Street, inquired if the skate park and tennis center were still set for the same location and the response was yes. pHb, It was moved by Council Member McCarthy, seconded by Council Member Winningham, and unanimously carried to approve Plans and Specifications and grant authority to advertise for bids AMENDMENT OF CONTRACT WITH KENNEDY/JENKS CONSULTANTS FOR WATER ENGINEERING SERVICES Mayor Perkins referred to Page 2, Financial Impact, where it states Caltrans agrees to reimburse the City up to $204,000, which includes the design, construction, operation, and sampling of the new well, as well as the finalization of the draft report, and asked if the City has a letter confirming this from Caltrans. Mr. Alvarez advised the City does have a letter, noting it is part of a previous Cooperative Agreement. Mayor Perkins requested, in the future, that such letters be included with the report. Council Minutes 3/26/02 -4- dq\ O 1 4 0 S I It was moved by Mayor Perkins, seconded by Council Member McCarthy, and so ordered to approve an amendment to the contract with Kennedy/Jenks Consultants to provide as-needed engineering services in the area of water system improvements, water quality, and regulations impacting the water system. 2002 IIWESTMENT POLICY Council Member McCarthy requested strikeouts be provided when text is changed to enable the Council to view the changes comparatively. He inquired if there is a time Game in adopting this item and the response was no. He requested the item be continued and brought back with strikeouts. It was moved by Council Member McCarthy, seconded by Council Member Cartozian, and unanimously carried to continue this item to the Meeting of April 9, 2002, to include strikeouts showing changes made to the text. KAISER PERMANENTE APPLICATION TO CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR TAX EXEMPT FINANCING Council Member McCarthy stated he noticed one of the proposed projects was for a Downey Regional Pharmacy and Regional Warehouse. Mr. Vose advised the recommendation is to set the public hearing for this item and pointed out this question can be brought up at the time of the hearing, at which time a Kaiser representative will be present. Council Member McCarthy requested staff be prepared for this question. It was moved by Council Member McCarthy, seconded by Council Member Cartozian, and unanimously carried to set the public hearing to receive public comment and approve the California Statewide Communities Development Authority’s issuance of indebtedness for 7:30 p.m., April 9, 2002, in the Council Chamber of Downey City Hall. COLUMBUS HIGH SCHOOL YOUTH FIELD IMPROVEMENTS – PROFESSIONAL DESIGN SERVICES AGREEMENT Council Member McCarthy mentioned he is excited to see this project take place and inquired as to the size of the parcel being developed. Ms. Kehoe advised it is the south corner of the property but did not have information with her regarding its dimensions. Council Member McCarthy requested this information be forwarded to the Council for a comparison of the size related to development costs. He felt the project would be a great visual improvement to the site. Council Minutes 3/26/02 014098 It was moved by Council Member McCarthy, seconded by Council Member Winningham, and unanimously carried to authorize the Mayor to execute a Professional Services Agreement with Tatsumi and Partners, Inc. in the amount of $25,975 for preparation of plans, specifications and estimate for the youth field improvements at Columbus High School; and appropriate $325,000 from the 2000 State Bond Act for the project. Prior to the vote, Council Member Winningham asked if the $325,000 from the 2000 State Bond Act was site specific. Ms. Kehoe noted it is a State specific grant for athletic flmding and the application was approved for Columbus High School. She advised to make any changes would take an amendment by the Council, which would then be forwarded to the State. Council Member Winningham inquired if amendments are recognized in a timely manner and was informed it would be recognized but does take time. Council Member Cartozian referred to the Cooperative Agreement, inquiring as to what it entails financially for the Downey Unified School District, since the City and School District received the grant together. Ms. Kehoe advised it is a 15-year agreement wherein the City will do all maintenance and repair work and the School District will pay for energy costs. The School District will have use of the fields during school hours and the City will have use and scheduling responsibilities after school hours Council Member Trejo requested this type of development includes lighting in the future, stating there is a dire need for lit sites for the City’s athletic programs. CONSENT TO ASSIGNMENT OF LEASE FOR PROPERTY LOCATED AT 11190 FLORENCE AVENUE FROM MASSEY CADILLAC, INCORPORATED TO SONIC AUTOMOTIVE, INCORPORATED Lennie Whittington, 8542 Manatee Street, asked if this is the property where they had truck sales Mr. Caton advised this location used to be the gas station on the corner on the Murata family property and is now part of the Chevrolet lot and could include trucks. It was moved by Council Member Winningham, seconded by Council Member Trejo, and unanimously carried to execute the Landlord Consent and Estoppel Certificate to assign the lease for City owned property located at 11190 Florence Avenue from Massey Cadillac, Incorporated to Sonic Automotive, Incorporated, as amended by the City Attorney’s earlier comments. (Mr. Vose had indicated staffs recommendation was being modified in that the item be approved to approve the consent and assignment in the Landlord Consent and Estoppel Certificate and authorize the Mayor to sign, subject to the payment of $6,408 and further non-substantive modifications, as recommended by the City Attorney.) Council Minutes 3/26/02 -6- 01409 } 1 GROUNDWATER CONJUNCTIVE USE IN WEST AND CENTRAI J BASINS Council Member Winningham requested a staff report, noting this item was continued from the previous Council Meeting. Mr. Alvarez advised this is an item previously before the Council and is an agreement with Rauch Communications Consultants LLC to provide facilitation services to initiate dialogue between various entities in the West and Central Basins for the development of a groundwater conjunctive use program, since the parties involved have different interests and have not been able to agree on a plan. These parties were encouraged by the State Department of Water Resources to undertake dialogue facilitated by an outside party. The State advised they will reimburse the costs of the facilitator selected. Staffs recommendation is to approve a contract with Rauch Communications Consultants LLC for that service. Council Member Winningham pointed out the City was awaiting a confirmation letter from the State stating this cost would be reimbursed to the City and inquired if the letter has been received. He was informed it was not received to date. He suggested continuing this item to the next meeting. Council Member Cartozian inquired if there was a time frame during which these consultants will be working on the City’s behalf and the response was no. He also inquired if there is a minimum and maximum time period for the contract and was informed it will be from six months to a year. Mr. Vose advised there is a right to terminate clause in the agreement. It was moved by Council Member Winningham, seconded by Council Member Cartozian and unanimously carried to continue this item to the Council Meeting of April 9, 2002. Mayor Perkins pointed out there is no room in this contract for administrative costs and felt City staff should let another party take the leadership role in this Conjunctive Use Working Group. PROPOSED SHARED-USE PARKING AGREEMENT BETWEEN RETAIL USES AT 8206 FIRESTONE BOULEVARD (DOWNEY’S BILLIARD), 8222 FIRESTONE BOULEVARD WDZONE), AND 8224 FIRESTONE BOULEVARD (NET ELECTRONICS) Council Member Winningham noted he made a mistake in pulling this item, as it is being set for a public hearing at the next Council Meeting on April 9, 2002, and would hold his comments until that time. It was moved by Council Member Winningham, seconded by Council Member Cartozian, and unanimously carried to set the public hearing for a proposed Shared-Use Parking Agreement (No. 01-67) for Council’s regular meeting of April 9, 2002. Council Minutes 3/26/02 -7- 01410( 1 CONSIDERATION OF REMOVING ITEM FROM “TABLED” STATUS FOR ZONE CHANGE NO. 01-23 FOR PROPERTY LOCATED AT 11221 PARAMOUNT BOULEVARD (OWNER, ESTATE OF JAMES M. FERBER: CONTACT: RICHARD FERBER) – REQUEST TO REZONE ONE LOT FROM c-3 AND M-1 (CENTRAL BUSINESS DISTRICT AND LIGHT MANUFACTURING) TO C-3 (CENTRATI BUSINESS DISTRICT) Ted Lawson, C B Richard Ellis Company, 990 West 190th Street, Suite 100, Torrance, CA, representing the property owner, advised his client would like to go ahead with the proposed rezoning to C-3. He mentioned the recent attempt to develop a self-storage unit on this property, which was not approved by the Council and noted another party is now interested in utilizing the property for a used car agency and has entered into an agreement with Mr. Ferber. He commented it is a highly successful agency, presently located in the City of Los Angeles, and noted the owner is a resident of Downey and expects to do sales in excess of $7,000,000, representing a good return of sales tax to the City. He advised his client is in agreement with C-3 or C-2 zoning, as long as it permits this used car sales use Mayor Perkins pointed out tonight’s action is to refer this item to the Planning Commission. Gerry Compton, G. W. C. Design Architects, Hermosa Beach, CA, advised he was hired to represent the owner of the used car dealership, Adela Beltran, as her architect for this project. He mentioned he has site plans ready and recommended, if needed, that the matter goes before the Planning Commission. Myrtle Risley, 7938 Phlox Street, a resident about half of a block from the subject property, noted she lived there through the many years this property was an auto dealership and advised she is not in favor of another car dealership of any type at this site. She mentioned the current noise from trains in this area and stated she is ready for a storage facility or something that is quiet. Mayor Perkins suggested she share her views at the Planning Commission hearing when this matter is heard by them. Lennie Whittington, 8542 Manatee Street, stated he would like to see something developed on this property, noting it has sat for many years in a rundown ragged condition and has been a source of many Police and Code Enforcement problems. Council Member Winningham stated he pulled this item because he noticed Mr. Lawson was present in the audience. It was moved by Council Member Winningham, seconded by Council Member McCarthy, and unanimously carried to refer the application to the Planning Commission. Council Member Cartozian explained to the audience there were two options available to the Council for this application. They could also deny the request, leaving it in the “Tabled” status, to carryover to the upcoming General Plan review process but noted he felt referring it to the Planning Commission was the correct choice at this time. Council Minutes 3/26/02 -8- 014101 ORDINANCE NO. 1123 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE DOWNEY LANDING SPECIFIC PLAN (SP-01-01) Council Member McCarthy mentioned the previous presentation of this item at the March 12, 2002, Council Meeting, where changes were made and noted he had suggested at that time that the Specific Plan include bicycle routes or paths within the development. He felt this recreational opportunity is a benefit for those who work there, for those who shop or conduct business there, and for the entire community. He requested the specific plan be amended to include bicycle routes within the plan area. Council Member Winningham concurred with Council Member McCarthy but noted he did not want the bicycle routes on the sidewalks. Council Member McCarthy responded he would leave it to the developers but noted most roadways have a 4 to 5 foot lane at the edge for bicycles, mentioned in cities with boardwalks, such as Venice Beach, they are part of the Strand. Council Member Wirmingham mentioned the roadways for the project’s major thoroughfares are fairly wide and inquired if they could incorporate bicycle lanes and was advised this would be reviewed. He also pointed out 14 to 16 feet sidewalks were allowed and these could be encroached upon to pick up additional space. He stated he supported the request by Council Member McCarthy. Mr. Vose referred to Exhibit C, Page 54, Mitigation Monitoring and Reporting Program Matrix, in the staff report, which could include a sentence that bikeways be included throughout the project SIte. It was moved by Council Member McCarthy, seconded by Council Member Winningham, and unanimously carried to waive further reading and adopt, with the amendment as stated by the City Attorney. ORA T / COMMUNICATIONS Mayor Perkins addressed members of the audience who would be speaking on a situation that occurred in the City a couple of months ago involving Gonzalo Martinez. He reported that not only is the District Attorney and the Coroner’s office investigating this incident, but the Department of Justice (FBD has been invited to look into the situation as well. He referred to a lengthy anonymous letter received and noted it was referred to the District Attorney for investigation. He advised the Council cannot take action on any items brought forth during Oral Communications. The following people spoke regarding the recent Downey Police Department vehicle pursuit involving Gonzalo Fabian Martinez, which resulted in the death of Mr. Martinez. Anonymous female speaker Eric Leva (sp. ?), 7714 Stewart and Gray Road, Downey Norma Martinez, mother of Gonzalo Martinez, Downey Jorge Perez, Ardine Street, Downey Council Minutes 3/26/02 -9- 01410: Augustin Cevada, Brown Beret, Aztlan Liberation Organization in Southern California, and member of the Friends ofGonzalo Martinez Committee, noted the Friends ofGonzalo Martinez Committee is planning a March and ceremony for Mr. Martinez on April 20th and requested the City issue a permit allowing this event to take place. Anna Flores, Bellflower Cheno Romero, Bell Gardens, Brown Beret and member of the Friends ofGonzalo Martinez Committee Joanna Quinteros, 11644 Brookshire Avenue, Downey Chewy (sp. ?) (did not state last name), Brown Beret, Whittier Robert Hernandez, Norwalk Amanda Garcia, 9625 Stonewood Street, Downey Miguel Mochez, 8533 Via Amorita, Downey Diane Quinteros Audie Derrybeny, 11813 Deming Avenue, Pastor of the Downey Bible Church Reformed Susan Quinteros, Downey Monica Riley, 10345 La Reina, Apartment H, Downey Albert (did not state last name), Whittier Mayor Perkins reiterated he called for an investigation by the Coroner, the District Attorney and the Department of Justice (FBI), mentioning the letter referred to by many of the speakers was turned over to the District Attorney for investigation. He pointed out the Council wants an answer as quickly as the speakers did but felt people should not be judged guilty until all the evidence is in. He addressed the request by Mr. Cevada for a March, stating it will be allowed if the proper permits are gained and he referred the speaker to the City Manager’s office. He offered the Council’s condolences to Mrs. Martinez and her family. Annalisa Hungaford (sp. ?), 12648 Glenshire Road, Downey, representing the Friends of Johnnie’s Broiler, submitted a petition with over 1,000 signatures from Downey citizens and citizens in surrounding communities who support maintaining this historical building. She advised they would like to work with the City and the owner to reach a resolution that would maintain the historical integrity of this building. She pointed out the building is distinctive and speaks volumes to the cultural pastimes of the era it represents and urged the Council to work with the Friends of Johnnie’s Broiler to treat this building as a historical resource under the California Environmental Quality Act (CEQA). Christie Wall, 7103 De Palma Street, Downey, representing the Friends of Johnnie’s Broiler, noted they are standing up for the preservation of this landmark. She stated the Johnnie’s Broiler building is very special to the people who have grown up in the City and has been in seen in many movies and commercials. She did not want to see the facility turned into another used car dealership, noting there are already over 50 car dealerships in the City. She urged the Council to take this into consideration and to place the issue on a future Agenda. Lennie Whittington, 8542 Manatee Street, referred to his earlier comments and why he was upset. He stated a remark was made to him from the dais by a Council Member and felt he had the right to respond. Council Minutes 3/26/02 - 10- 0 1 4 1 U : I ADMINISTRATIVE REPORTS CHAMBER OF COMMERCE STREET FAIRE PERMIT Ms. Vogel advised staff is requesting the Council approve the Downey Chamber of Commerce’s request to hold their annual Street Faire on Brookshire Avenue between Firestone Boulevard and Civic Center Drive and to waive up to $4,000 in costs related to the event. She noted staff members nom the Police, Fire, Community Services and Public Works Departments have been involved in reviewing the permit application with Chamber officials and the Street Faire Committee. The Faire to be held Saturday, May 4th, will require the closure of the street &om 6:00 a.m. to 6:00 p.m., with the details of the event unchanged, except for the move to Brookshire Avenue. She reviewed the Chamber’s responsibilities, such as putting up and taking down the booths, coordinating the necessary health department permits for the food booths, working with the Fire Department regarding safety issues, etc. She referred to a breakdown of actual costs on Page 2 of the report, totaling $6,448, for the services the City has been requested to provide for the Faire, which has been a City event since 1994. She noted staffs recommendation is that the Council waive up to $4,000 of these costs. Council Member Cartozian inquired how staff arrived at the cost figures. Ms. Vogel advised that various City Departments determined what staff resources were necessary for the event to provide appropriate safety and maintenance. She noted other items listed, such as tables, mobile stage, and transportation, are additional requests, with the mobile stage being the only requested and provided in previous years. The tables are a new request and the transportation is optional. She advised staffing is the same this year but the cost has increased. Council Member Cartozian inquired how staffing costs increased by 50 percent over the period of a year and was informed the costs were not broken down last year and from review, the costs were in excess of $4,000, but this was the suggested amount waived. She pointed out the Police Department had a cost of living increase for their employees in 2001 and the cost was $3,245 but is now $3,500. She also noted Fire Department staff involved in inspections for the event have not been taken into account. Council Member McCarthy asked if there was any limit on the funding in the past and was informed the files on the Street Faire only show the City sought to limit it’s contribution during the second year of the Faire in 1995, which was not approved, and the Council waived the full amount and chose to waive the full amount every other year for services provided. She pointed out this information provided was to give the Council accurate information as to what it cost for the City and to show how the costs have increased. Council Member McCarthy requested a sub-committee conduct a review to measure the success of the event on Brookshire Avenue works versus Downey Avenue and to survey some of the participants for their comments. Mayor Perkins stated he was pleased to see the figures broken down to allow the Council to take a look at the actual costs of each service and felt the report was very accurate. Council Minutes 3/26/02 -11- 0141 Ur Joan Warner, Executive Director, Downey Chamber of Commerce, 11131 Brookshire Avenue, submitted copies to the City Clerk of the Chamber’s actual expenses from last year and their anticipated expenses this year. She commented on the additional $2,448 expense for the Chamber noted on Page 2, Financial Impact, of the staff report, noting it is something the Chamber was not ready for. She reviewed Chamber expenses involved with the Street Faire totaling $12,850, noting they always give the City billing as a co-sponsor of the event. She mentioned sponsorships are down this year by $2,500, stated this additional expense from the City would greatly reduce their fUnds. She felt the number of officers required might be less, noting the venue on Downey Avenue utilized side streets and suggested this be reviewed. Council Member McCarthy mentioned he appreciated the City’s report but did not want to through a curve ball into something that has been a tradition. He inquired as to when the cap was of $4,000 was introduced. Mr. Powell advised this came to staffs mind due to new requests, such as transportation and some furniture that was not provided in the past and the concern was how does the City deal with requests for additional items. It was felt one way was to agree to provide additional items but to cap the amount at a certain level. Ms. Vogel advised staff had no expectation there would be any difference in cost and proceeded with business as usual and then realized that previous staff reports did not break the costs out. She noted the difference was realized when the costs were broken out. Ms. Warner stated the Chamber does not need the transportation or extra tables, noting they were both optional. (.''ouncil Member Trejo inquired as to the number of booths expected for this year’s Faire and if there is a booth space charge. He was informed there will be approximately 250 booths and there is a charge of $85 per booth and $95 per food booth. He then questioned the need for 8 officers. Chief Finch stated the Police Department would be happy to re-evaluate this with the Chamber. It was moved by Mayor Perkins, seconded by Council Member Winningham, and unanimously culled to provide the three items normally supplied by the City for the Street Faire, the mobile stage, Public Works’ staff, and Police Department security, not to exceed $6,100, with any additional items in the future at the Chamber’s expense. Council Member Cartozian commended staff on being prudent in determining dollar figures and looking back on previous years but felt this is a justifiable expense that the City can cover on behalf of the Chamber and supported the inclusion of these three items to be covered by the City. Council Member McCarthy noted the Chamber has done a great job of representing the City with this great public relations event for the past nine years. Council Member Trejo stated he and his family have always enjoyed the Street Faire and agreed with Council Member McCarthy that it reflects upon the City and Council. Council Minutes 3/26/02 -12- 0 1 + 1 o :j LAKEWOOD BOULEVARD IMPROVEMENT PROJECT Mr. Alvarez explained the Lakewood Boulevard Improvement Project and the item before the Council was considered by the Council at its previous meeting. The Council directed staff to bring this item before the NASA Subcommittee. The Subcommittee has reviewed the item and recommends the Council approve a Professional Services Contract with the firm of Lim and Nascimento Engineering Corporation for the preliminary engineering for the Lakewood Boulevard Improvement Project in an amount not to exceed 83 12,383. As background, Mr. Alvarez advised Lakewood Boulevard was relinquished by the State of California to the City last year. In return for the relinquishment the City negotiated with Caltrans for necessary upgrades to bring the street into current conditions and alleviate a lot of deteriorating conditions on the street. After many negotiations the amount of $9.8 million was accepted. He noted the subject project is the preliminary engineering to define the scope of work before proceeding with detailed plans and specifications for the necessary improvements. The items to be undertaken in the Professional Services Contract are an evaluations of existing conditions in terms of detailed pavement conditions, evaluation of the intersections and necessary improvements to improve traffic flow, improve pedestrian vehicular safety, procedures necessary to comply with A.D. A. (Americans with Disabilities Act) requirements, address right-of-way needs at major intersections and conduct a detailed hydrology study. The preliminary design will evaluate a series of alternatives that will look at intersection and roadway improvements, intersection lighting options, determining the extent of storm drain improvements, including placements of catch basins and sizing of the storm drains and coming up with a comprehensive landscaping theme for the street and incorporating monuments at the northerly and southerly ends of the project. Because costs are a significant consideration, the development of conceptual designs will look at the cost impact and a final recommendation will come before the Council before proceeding with the construction or implementation of improvements. Council Member Trejo inquired as to what the acronym BMP’s stood for and was informed it is Best Management Practices. Council Member McCarthy mentioned he reviewed this with Mr. Alvarez and pointed it he has noted it showing up in many contracts, Page 9, 1tem XXVI, Recycled Paper. He asked why this shows up and inquired if they don’t comply does the City invalidate the contract. He stated he looked forward to the improvements along Lakewood Boulevard, stating the development of the NASA site is along that route. He reminded everyone that Lakewood Boulevard does extend beyond Rosecrans Avenue in Downey all the way to Century. He inquired if Firestone Boulevard is more heavily traveled than Lakewood Boulevard and was informed Firestone Boulevard has a slightly higher volume of traffic. Council Member Winningham inquired if there is a possibility of squeezing three lanes out of Lakewood Boulevard from border to border and asked if the study would look at that. He suggested making the proposed medians narrower and cutting a foot of the sidewalk back, if it would gain another lane. Mr. Alvarez advised this study will do an evaluation of this to the level of detail of being able to state what is required or that it is not in the realm of possibility. Mr. Vose responded that he felt the reason for the recycled paper provision is because the project may eventually be funded by State fLmds and many times this is a State requirement. Council Minutes 3/26/02 -13- 0141 tIS It was moved by Council Member McCarthy, seconded by Council Member Winningham, and unanimously carried to authorize the Mayor to execute a Professional Services Agreement with Lim & Nascimento Engineering Corporation for preliminary engineering of the Lakewood Boulevard Improvement Project in an amount not to exceed $312,383. OTHER BUSINESS - Council Members Council Member Cartozian referred to Agenda Items VI-E-2 and VI-E-7, noting it is helpfbl to the Council to have any changes in italics, bolding or with strikeouts. Council Member Cartozian asked staff to look into the lights being dim at the Golden Park basketball courts. Council Member Cartozian directed staff to look into the potential of the addition of “no skateboarding” signs in the downtown area. He felt the Chamber alluded to this and it was mentioned at the Downtown Merchants Meeting. Council Member Cartozian stated he would like to see more of a general welcome theme on the banners and signs in the downtown area rather than an emphasis on “Shopping Downtown Downey” at this time. Council Member Cartozian stated he looked forward to the Gangs Out of Downey Luncheon tomorrow and commended staff member Bonnie Kehoe for her services as President of this organlzatlon. Council Member Cartozian announced the last publication of the Downey Eagle this Friday after nine years and thanked John Adams and Jerry Andrews for their excellent coverage of Downey news Council Member Trejo mentioned an incident in the Downey Junior Athletic Association where fifth grade boys were set to play against eighth grade boys. He mentioned the concern of the parents regarding the risk of injury to the younger boys. He wanted to discuss the process to try to avoid this from taking place again. Council Member Trejo referred to seeing more shopping carts around the City and asked if it is the citizens’ job to call the hotline or is there a process in place that should be picking up these carts on a regular basis. Council Member Trejo noted he had the pleasure of taking J. R Redmond, a professional football player for the New England Patriots, to Downey and Warren High Schools to talk to the kids about the importance of their grades and of taking the SAT exams. Council Member Trejo wished everyone a Happy Easter. Council Member Winningham mentioned he and the other Council Members enjoyed attending the reorganization of the Norwalk City Council. Council Minutes 3/26/02 -14- 014 IU / Council Member Winningham noted the Downey Chamber of Commerce acknowledged five City employees at an awards luncheon last Friday. Mr. George noted Economic Development Coordinator Steven Yee was honored as employee of the Year for his accomplishments with the revitalization of downtown and for his efforts on the City’s Web page and other efforts in terms of economic and business development. Chief Sauter noted Captain Brad Banner, new Emergency Medical Services Coordinator, and Captain Darren Moon, who serves as a training officer, and Firefighter Paul Cruz, a senior member of the department, who will be retiring in the summer. He thanked the Chamber for acknowledging these gentlemen at the awards luncheon. Chief Finch noted Bob Weinrich of Code Enforcement was honored, as well as motor officer Rod McNeil, and officer Dwayne Cooper of the gang squad. -15 Council Member Winningham commented on a recent Press Telegram article that mentioned Downey was falling behind in its recycling efforts. He noted Kathy Simmons stated in the article she felt a lot of the trash was being misreported by other haulers, pointing out the City was at 58 percent in 1999, which was way ahead of the curve. Mr. Alvarez clarified that it is not that the City is not getting credit for its recycling but a lot of haulers that don’t haul for Downey reported their waste loads came from Downey. This is due to compliance issues commencing in the year 2000 and he noted the City is currently in the process of attempting to straighten this out. Council Member Winningham hoped there would be some sort of prosecution for this misrepresentation, which could result in fines for the City. Council Member McCarthy mentioned the approval of the General Plan Committee on the Consent Calendar and acknowledged two members in the audience, Carol Winningham and Harold Tseklenis, thanking them for their services. Council Member McCarthy referred to correspondence from the community complimenting two Police Officers, Officers Bedoka and Diamond. Council Member McCarthy mentioned testifying at a hearing of the State Water Quality Board yesterday with Director of Public Works Desi Alvarez regarding the new State regulations on storm water runoff and trash. He noted the City is awaiting a response to its appeal. Mayor Perkins thanked John Adams of the Downey Eagle and Arnold Adler of the Herald American for their excellent newspaper reporting for the City. Mayor Perkins stated he enjoyed speaking to the Downey Kiwanis Club last Thursday and was impressed with their interest in the City and the questions they posed. Mayor Perkins announced the family fun bowl event for the Police and Fire Association on Saturday, which was an enjoyable event. Council Minutes 3/26/02 014103 Mayor Perkins reported on maintenance issues at the Apollo Park recreation building where the heating and air conditioning is not working and also buildings to the east that have canvas on the roof, which he felt meant the roof is leaking and in need of repair. He requested a report back on these issues. Mayor Perkins stated he was informed the Independence Park improvements will be up and running in October and hoped this schedule is met. OTHER BUSINESS - Staff Members: None ADJOURNMENT: 10:10 p.m. The meeting adjourned to 6:30 p.m., April 9, 2002, in the Council Chamber of Downey City Hall \7wA&#LW.%@Ab£#gJ Kathleen L. Midstokke, City Clerk Mer;aith-H. Perkins, Mayor H:\CCLERK\SCONTE\MINUTES\MinCC032602 Council Minutes 3/26/02 -16-