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HomeMy WebLinkAboutMinutes - 05-14-02 - Regular Meeting014130 MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING MAY 14, 2002 The City Council/Community Development Commission of the City of Downey held an adjourned regular meeting at 6:46 p.m., May 14, 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. Wirmingham 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 Desi Alvarez, Director of Public Works John Finch, Police Chief Darrell George, Director of Community & Economic Development/ Assistant Executive Director Christina Vogel, Assistant to the City Manager Steven Yee, Economic Development Coordinator APPROVAL OF CLOSED SESSION MINUTES – APRIL 23, 2002 It was moved by Council Member/Commissioner McCarthy, seconded by Council Member/- Commissioner Winningham, and so ordered to approve the Closed Session Minutes of April 23, 2002 CLOSED SESSION Mayor/Chairman Perkins announced the Council/Commission is recessing to Closed Session (6:47 p.m.) to continue discussion of matters under the authority of the following Sections of the Government Code: A. SECTION 54956.9 - Subdivision (b) – Conference with legal counsel – anticipated litigation – exposure to litigation (one potential case). B. 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. City Council/Community Dev. Comm. Minutes (adj .) 5/14/02 -1- 01413 C. SECTION 54956.9 – Subdivision (a) – Conference with legal counsel – existing litigation: Community Development Commission of the City of Downey vs. Downey Hospitality Development LLC, Los Angeles Superior Court, Case #BC:268100. D. SECTION 54956.7 – Conference with labor negotiator Lee Powell re direction for labor negotiations with the Downey City Employees’ Association – Maintenance and Miscellaneous Groups, and the Downey Public Safety Auxiliary Association. E. SECTION 54957.6 – Conference with labor negotiator Lee Powell re direction for labor negotiations with the Downey Firemen’s Association and the Downey Police Officers’ Association. F. SECTION 54956.9 – Subdivision (c) – Conference with legal counsel – anticipated litigation – initiation of litigation (one potential case). The meeting reconvened in open session at 7:34 p.m. with all Council Members/- Commissioners present. There were no Closed Session actions to report. The meeting recessed at 7:35 p.m. ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 8:30 p.m. with all Council Members/- Commissioners present (see Oral Communications under the Regular City Council Meeting) and recessed at 8:55 p.m. The meeting reconvened at 10:55 p.m. and recessed at 10:56 p.m. with all Council Members/Commissioners present. The meeting reconvened at 11 :29 p.m. with all Council Members/Commissioners present. There were no Closed Session actions to report. ADJOURNMENT: 11 :30 p.m. Kathleen L. Midstokke, City Clerk/Secretary mreditne–rki;;iiayor/Chairman Il: cclerk sconte XlIN.ADJ-05- 1 +-02 City Council/Community Dev. Comm. Minutes (adj .) 5/14/02 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 14, 2002 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Proclamation to Suzanna and Charles Beal commending their outstanding service to the community and voters of Downey on Primary Election Day, March 5, 2002 Proclamation to Dr. Mary Stauffer re Older Americans Recognition Day, 5/15/02, and Older Americans Month, May 2002 Certificates of Appreciation to members of the Learning Center Advisory Committee re developing the strategic plan for the Downey Space Science Learning Center on the former NASA site Certificate of Appreciation to Lois Buchanan in recognition of being the 27th Senatorial District’s 2002 Outstanding Woman from Downey Certificate of Appreciation to Mary Loya in recognition of being the 56th Assembly District’s 2002 Woman of the Year Certificates of Appreciation to Martha Sodetani, Jean Kiskadden, and Carol Pearce, in recognition of their nominations as 56th Assembly District’s Woman of the Year 2002 2 2 3 4 City Pins were presented to Miss Downey and Miss Teen Downey and their courts Ord. approving Zone Change No. 02-15 for property at 1 1948 Paramount Blvd. and 8021 Cole St.Introduced Speakers requesting an update on the progress of the investigation on the Police pursuit and shooting of Gonzalo Martinez Lennie Whittington re businesses in the City that suffered damage to their store windows by someone using etching cream and glasscutters 4 PAGE 1 OF 4 COUNCIL MINUTES, MAY 14, 2002 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT Andrew Harrett commended the Downey Police Department Mayor Perkins read a statement regarding the Gonzalo Martinez case, an officer involved shooting which resulted in death 2002-2003 Action Plan for the Community Development Block Grant and HOME Investment Partnership Grants Removal of Items from Consent Calendar Council Minutes: Adj. & Reg. Mtgs. 4/23/02 Cash Contract #633 Rives Ave. water distribution main extenslon Cash Contract #S.S.513. traffic signal preenlption system Cash Contract #S.S.521. safe routes to school Brookshire Ave. Cash Contract #S.S. 510/526/527, cjtywide street resurfacing Warrants Issued: 175696-176335; Wire Nos. 30000323-339; $4,138,251.42 Zone Change #02-17 – 12641-12647 Lakewood Bl. ACTION PAGE NO. 4 4 Approved, as amended 7 7 7Approved Approved Approved 7 8 8 8 8 8 8 8 8 Approved Approved Approved Set hrg. 7:30 p.m. 5/28/02 Set hrg. 7:30 p.m. 6/1 1/02 Consider application for taxicab service in the City (Main City Taxi) Groundwater master plan: Amendment extending the term Speed limits for Telegraph Rd.- engineering and traffic surveys Res. 6568, supporting Assembly Bill 1821 to provide liability protection for the City and Fire Dept. when surplus equip. is donated to volunteer fire departments Plans for the Downey Space Science Learning Center: Review plans and direct staff to implement PAGE 2 OF 4 Approved Approved Adopted 8 10Approved COUNCIL MINUTES, MAY 14, 2002 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT Council review of possible amendments and additions to the Downey Municipal Code pertaining to the sale and use of fireworks Cash Contract #S.S.529 Paramount Gateway Streetscape: Approve plans & specs. & authority to advertise for bids Cn. Cartozian re attending Downey High School Viking Awards Cn. Cartozian re attending Kidsday Hall of Fame Awards Cn. Cartozian commented on Family Fun Night at Downey High School Cn. Cartozian re speaking at High Achievement Tiger Program at Alameda Elementary School Cn. Cartozian stated he enjoyed Kidsday and Fire Service Day events at Furman Park Cn. Cartozian announced Downey High School Prom this Saturday at the Gene Autry Museum Cn. Trejo re Family Fun Night event at Downey High School Cn. Trejo re attending Kidsday Hall of Fame Awards Cn. Trejo requested a trashcan be posted in front of the Hospital where the DowneyLINK stops Cn. Trejo reg. the issue of shopping carts be reviewed Cn. Winningham mentioned enjoying the Chamber of Commerce Street Faire last Saturday Cn. Winningham congratulated the Downey Patriot newspaper on its first few issues Cn. Winningham re the progress of the renovation of the Rio Hondo Golf Course clubhouse ACTION PAGE NO. Reviewed 12 Id====b Approved 13 13 13 13 13 13 13 13 13 13 13 13 14 14 PAGE 3 OF 4 COUNCIL MINUTES, MAY 14, 2002 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cn. Winningham re the increase in amount of shopping carts abandoned in the community 14 Cn. Wirmingham congratulated City Clerk Midstokke on her one-year anniversary with the City 14 Cn. McCarthy commended the Code Enforcement Dept. re the improvement of a property bordering the City of Paramount that has incurred many complaints regarding lts appearance 14 14 14 14 14 Cn. McCarthy re attending the Family Fun Night, Street Faire, and Kidsday events Cn. McCarthy announced a Memorial Day event 5/27 at the Downey Cemetery Mayor Perkins recognized Cn. Winningham ’s wife Carol and Cn. Cartozian's mother and father Mayor Perkins mentioned the Council attended Kidsday and Fire Services Day last weekend Mayor Perkins re his trip to Seattle, Washington, to the Federal Economic Development Administration Dept seeking a $3 million grant for the rehabilitation of buildings on the former NASA site for filming activities 14 14 Mayor Perkins commented on the Downey Council PTA Scholarship Awards Mayor Perkins re a letter received from L. A. County Supen'isor Don Knabe regarding an $80,000 grant for Parks and Recreation 14 15 15 Mr. Caton thanked the Council for their kind remarks about staff Meeting adjourned to 6:30 p.m.. May 28, 2002 H :\cclerk\sconte\tabl-05- 14-02 PAGE 4 OF 4 01413 s MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 14, 2002 The City Council of the City of Downey held a regular meeting at 7:43 p.m., May 14, 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. Wirmingham 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 James Jarrett, Director of Community Services John Michicoff, Director of Finance Mark Sauter, Fire Chief Ron Yoshiki, Asst. Director of Community Dev./City Planner Ed Velasco, Manager of Housing Christina Vogel, Assistant to the City Manager Steven Yee, Economic Development Coordinator Shirley Conte, Executive Secretary PRESENTATIONS Mayor Pro Tem Trej o presented to Suzanna and Charles Beal a Proclamation commending their outstanding service to the community and the voters of Downey on Primary Election Day, March 5, 2002. He explained the Beals arrived at their polling place at 8535 Byers Street but found they could not vote as the location had not opened and lacked the necessary voting supplies. They went to the Registrar of Voters office in Norwalk, obtained the supplies, and worked all day at this polling site, allowing 150 voters to exercise their right to vote. Mayor Pro Tem Trej o presented to Doctor Mary Stauffer a Proclamation declaring May 15, 2002, Older Americans Recognition Day and the month of May 2002 as Older Americans Month. Dr. Stauffer thanked the community for the opportunity to be involved and for offering many programs to senlors. Council Minutes 5/14/02 -1- 01413 :) Mayor Pro Tem Trejo and Council Member Cartozian presented Certificates of Appreciation to members of the Learning Center Advisory Committee for their assistance in developing the strategic plan for the Downey Space Science Learning Center: David Seidel, Patricia Cabrera, Richard Quinones, Dean Gilbert, William Blischke, Gerald Blackburn, Raul Lopez, John Merryman, Doug Gray, Harold Tseklenis, David Tseklenis and Madeline Hall. (David Tseklenis and Madeline Hall were not present). Council Member Cartozian noted he and Mayor Pro Tem Trejo also served on the Learning (,-'enter Advisory Committee, under the direction of Darrell George and Christina Vogel, who were instrumental in piloting the committee and thanked the members present on behalf of the City, Mayor and Council. Mayor Pro Tem Trejo introduced David Bittle from the Jet Propulsion Lab. Mr. Bittle advised the committee was assigned the task of developing an education plan for the new Downey Science and Technology Learning Center. . He noted one aspect of this plan is a sophisticated program in robotics where young people participate in a competition known as FIRST, “For Inspiration and Recognition in Science and Technology.“ He demonstrated one of the FIRST robots from Bell High School and introduced students from Bell High and King Drew Medical Magnet schools who participated in the competition. He advised this type of program is being planned for Downey and thanked the City for its support of this group. Council Member Cartozian also introduced Steven Horn of Museum Management Consultants in San Francisco . Mayor Perkins presented to Lois Buchanan a Certificate of Appreciation in recognition of the 27th Senatorial District’s 2002 Outstanding Woman from Downey, selected by Senator Betty Karnette. Ms. Buchanan stated it has been a pleasure to be a resident of Downey for 39 years and to have volunteered for 37 years. She thanked the Council for its recognition. Mayor Perkins presented to Mary Loya a Certificate of Appreciation in recognition of the 56th Assembly District’s 2002 Woman of the Year, selected by Assemblywoman Sally Havice. He noted she has served on the Cerritos College Board for 10 years. Ms. Loya thanked the City and the women from the League of Women Voters, who had selected her to receive their award as one of the three winners of Woman Making History. She noted she has been in the community since 1951 and introduced her son Robert Loya, Jr. Mayor Perkins presented to Martha Sodetani, Jean Kiskadden, and Carol Pearce, Certificates of Appreciation in recognition of their nominations as the 56th Assembly District’s Woman of the Year 2002. Mayor Perkins presented City Pins to Miss Downey Lindsay Mitchum, Miss Downey Princesses Shannon Guggiana, Daphne Brand, and Alexandra Valle, Miss Teen Downey Ashley Guzman, and Miss Teen Downey Princesses Robyn Guggiana and Fatima Nabulsi (Miss Downey Princess Natalie Neder was not present) . Council Minutes 5/14/02 01414 1I HEARINGS Mayor Perkins opened the public hearing on ZONE CHANGE NO. 02-15, FOR PROPERTIES AT 11948 PARAMOUNT BOULEVARD AND 8021 COLE STREET. Ms. Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Winningham, seconded by Council Member McCarthy, and so ordered to receive and file. There was no correspondence received regarding this matter. Mr. Yoshiki narrated a Power Point program depicting the subject site and noted this is a cleanup item which divides a parcel of land developed with a commercial restaurant on the corner of Paramount Boulevard and Cole Street. He noted parcel two consists of a single-family residence, pointing out both parcels were developed many years ago and the request tonight is to divide these parcels. The zoning issue is consideration to rezone parcel Two from commercial zoning to the Rl, 5,000 zone, which will make it a conforming use and will match the zoning pattern to the east. He responded to comments from the Council. Mayor Perkins asked if anyone, including the applicant, wished to speak in favor of the zone change. Margaret Perina, 12217 Gneiss Avenue, applicant and owner of the subject property advised she was in favor of the zone change. Mayor Perkins asked if anyone wished to speak in opposition. There being no one else to speak, it was moved by Council Member McCarthy, seconded by Council Member Winningham, and unanimously carried to close the public hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY’S COMPREHENSIVE ZONING MAP AND CHANGING THE ZONING DESIGNATION FOR THE EASTERLY 57.6 FOOT PORTION OF THE LOT FROM Cl (NEIGHBORHOOD COMMERCIAL) TO R-1, 5,000 (SINGLE- FAMILY RESIDENTIAL) FOR PROPERTY AT 11948 PARAMOUNT BOULEVARD AND 8021 COLE STREET AND ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (ASSESSOR PARCEL NUMBER 6259-002-046 AND 046). ZONE CHANGE NO. 02-15. The Ordinance was read by title only. It was moved by Council Member Winningham, seconded by Council Member Cartozian, and unanimously carried to waive further reading and introduce. Council Minutes 5/14/02 014141 ORAL COMMUNICATIONS The following people spoke regarding the Police pursuit that resulted in the death of Gonzalo Martinez, requesting an update on the progress of the investigation of this incident. Augustin Cevada, Atzlan, Altacalifa (sp. ?) Michael Lakey, 11706 Coldbrook Avenue, Apartment 7 Omar Salcido, 10729 Little Lake Road Norma Martinez, 9525 Ardine Street, mother of Gonzalo Martinez Eric Leyva (sp. ?), 7714 Stewart and Gray Road Norbert Martinez, 9525 Ardine Street, brother ofGonzalo Martinez Cheno Romero, 6669 Loveland Street, Bell Gardens Diana Quinteros, 11644 Brookshire Avenue Lennie Whittington, 8542 Manatee Street, read a list of businesses in the City that suffered damage to their store windows by someone using etching .cream that eats into the glass and glasscutters that scratch the glass. He stated he was requested to bring this to the Council’s attention and advised these windows will cost approximately 5500 each to replace. Andrew Harrett, 10229 Julius, Downey resident for over 30 years, referred to negative comments made by previous speakers about the Downey Police Department and stated his support for the Police. He mentioned his military career and forgiving his enemies and felt the Police would make every effort to reach the right conclusion regarding the Gonzalo Martinez incident. Mayor Perkins read a statement from the City regarding the Gonzalo Martinez case, an officer involved shooting which resulted in death, advising the Downey Police investigators on May 1, 2002, supplied the District Attorney’s Public Integrity Unit all information developed on this case and also supplied an identical submittal to the Federal Bureau of Investigation (FBI) on May 8, 2002. He noted once the District Attorney has concluded his review, information will be made available to the public. The meeting recessed at 8:55 p.m. and reconvened at 9:02 p.m. with all Council Members present. HEARINGS (Cont.) Mayor Perkins opened the public hearing on 2002-2003 ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP GRANTS. Ms. Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Trejo, seconded by Council Member Cartozian, and so ordered to receive and file. Ms. Midstokke advised a letter dated May 14, 2002, was received from Laura Miller, Executive Director of the Rio Hondo Temporary Home, which was distributed to the Council. It was moved by Council Member Winningham, seconded by Council Member McCarthy, and so ordered to receive and file. Council Minutes 5/14/02 -4- 01414 : Mr. Velasco explained the annual application to the Department of Housing and Urban Development (HUD) for the City’s entitlement of the CDBG and the HOME Investment Partnership Grants. He noted the action plan and application cover a one year period that coincides with the City’s fiscal year and advised it is a list of resources available to the City to address housing needs and includes activities and allocations recommended by staff. He advised the City will have approximately $2.6 million available with a CDBG grant entitlement of $1,374,481, a HOME allocation of $526,000, estimated additional income from loan payoffs and interest of $150,000, and a balance from funds carried over from the current year. He narrated a visual program reviewing the list of recommended activities and allocations, noting a new program, the Home Modification Program, primarily targeted at the disabled and senior population. He advised that CDBG funds can be used for public service activities provided they do not exceed 15 percent of that year’s allocation and noted 13 applications were received, with 10 recommended by staff for fbnding. He recommended approval of the Action Plan and authorized staff to submit it to HUD. He responded to comments from the Council. Council Member McCarthy referred to the increase in the Housing/Neighborhood Improvement Program and was informed this was increased to cover a component HUD imposed dealing with the abatement of lead based paint, which added significantly to the Paint and Fix-Up Program and added to the amount available to a homebuyer who encounters lead paint to assist in abating this condition. It was noted it also represents a $75,000 request by the Southern California Rehabilitation Services Center (SCRSC) for a Home Modification program. He inquired how the word will get out to inform people of this program and was informed it will not be implemented by staff but will be administered by the SCRSC and staff will meet with SCRSC to work out the details. He referred to a contingency that can be applied later in the year when other opportunities come up and was advised this contingency is $173,213 . Council Member Trejo inquired if the increase in Code Enforcement is for the additional staff and was informed 30 percent of the proposed budget is automatically reserved and this does include the additional staff. He also inquired why funding for the Community/Senior Center has gone down and was informed the amount allocated during the previous year was increased significantly as higher utility costs were anticipated and a more realistic amount is being allocated, which should cover operating costs for the period noted. He inquired as to what Downey Unified School Grant funds are used for and was informed they are used for the 10-20 Club, the Daryl Jackson program. Mayor Perkins referred to the $23,000 for the Adult Literacy Program and the request from the Children’s Dental Health Clinic to provide dental care to children from low-income families. He stated he would weigh the children’s dental care heavier than adult literacy and stated he would lobby to give funds to the dental service next year. Council Member Trejo echoed the sentiments of the Mayor and felt the priority should be shifted to the dental service. Mr. Caton advised the purpose of the hearing is for guidance to staff and funds can be shifted to the dental care program if that is the direction of the Council. Council Member McCarthy suggested staff check the qualifications of the dental service to make sure they are qualified and that they will service people in Downey. Council Minutes 5/14/02 -5- 01414:i Mr. Velasco advised a cursory check was performed and they seem to be reputable and qualified. They are based in Long Beach and the concern was getting low-income individuals from Downey over there. The Mayor referred to a program spearheaded by Dr. Sullivan in Downey. Mr. Caton pointed out this is a County program from Bellflower and staff can research it, bring it back, and modify it at a later time, to which the Mayor agreed. Mayor Perkins asked if anyone present wished to speak regarding the 2002-2003 Action Plan for CDBG and HOME Investment Partnership Grants. Mary Rios, 7830 Cole Drive, representing Southern California Rehabilitation Service Center, stated they are the organization applying for the Home Modification program to provide assistance to individuals with disabilities and seniors to remove architectural barriers in their home and to provide access for them in and out of their homes. She noted they would implement a program within their AT (Assisted Technology) Department where they provide service coordination to individuals with disabilities and would utilize staff to perform the outreach and would also implement the program in their brochures. She reviewed the services provided by SCRSC, such as benefits counseling, peer counseling, independent living skills, housing coordination, housing services, and emergency transportation services, noting they service approximately 547 Downey residents. Mr. Caton inquired if SCRSC has experience in Home Modification programs and was informed they do not but their sister organization in the Bay area provides this service and noted SCRSC is expending their services based on the needs of consumers. Council Member McCarthy noted his concern that people in the community may not be aware of this and suggested ads are placed in local newspapers or by door-to-door flyers. Ms. Rios advised SCRCS does ongoing outreach, PSA’s, radio interviews, visits senior centers and public schools and posts announcements in local newspapers. Council Member Winning tram inquired if people from other cities will benefit from these funds and was informed they are exclusively for Downey. He suggested SCRSC connect with local carpenters to provide these services and Ms. Rios stated this is their intention. There being no one else to speak, it was moved by Council Member Winningham, seconded by Council Member Cartozian, and so ordered to close the public hearing. C'ouncil Member Winningham suggested a change in the allocation of funds under the public service programs, noting he would like to increase the funding for the Downey Unified School District grant for the 10-20 Club to 828,000 and allow staff to explore the dental health clinic for low income families, allocating S5,000 for a startup program. He mentioned Dr. Sullivan and Dr. Ferraro provide services to families through the School District and suggested reviewing whether these programs can be expanded upon. Mr. Velasco advised the Contingency Fund is already at 15 percent and noted funds can be shifted around in other public service programs. Mr. Caton suggested the $6,700 be taken from the Community/Senior Center. Council Minutes 5/14/02 -6- 01414 Mayor Perkins suggested pulling the $5,000 from the Adult Literacy Program. Mr. Jarrett stated he would like the City Librarian to address this suggestion, advising the Adult Literacy Program has been ongoing for a long time and has transitioned many people from not being able to read the English language to being able to read, write and find jobs. Mayor Perkins referred to a grant received recently where the Library would work with the school to bring people into the Library to teach them the skills mentioned, which could replace this literacy program and could be reviewed. Council Member McCarthy referred to the expected $23 million State budget shortfall and asked if this would have any impact on the receipt of these funds and was informed these are Federal funds and they are an entitlement which is already in the budget. Council Member Winningham inquired if 86,500 more out of the Community/Senior Center budget, which dropped $6,500 1ast year, is possible. Mr. Jarrett advised he would need to work with Mr. Velasco but felt they could work it out. It was moved by Council Member Winningham, seconded by Council Member Cartozian, and unanimously carried to approve the 2002-2003 Action Plan and authorize the City Manager to submit the Action Plan, HUD form SF-424, and Grantee Certifications to the Department of Housing and Urban Development, with a change in the proposed budget to increase the allocation to the Downey Unified School District to $28,000 and for staff to explore the concept of a dental clinic or expanding the existing School District dental program in the amount of $5,000 for low income families. Mr. Caton commended Mr. Velasco for the excellent job he does managing this program. CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Item VI-C-3, CASH CONTRACT NO. S.S. 529 - PARAMOUNT GATEWAY STREETSCAPE, was removed at the request of Council Member McCarthy. CONSENT CALENDAR It was moved by Council Member McCarthy, seconded by Council Member Cartozian, and unanimously carried to waive further reading of the Resolution and approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, APRIL 23, 2002: Approve. CASH CONTRACT NO. 633 RIVES AVENUE WATER DISTRIBUTION MAIN EXTENSION (ACCOUNT NO. 51-1-8654): Award a lump sum contract, totaling $72,676 to Robert G. Castongia, Inc. for replacing the existing 6-inch water main along Rives Avenue with a 12-inch ductile iron water line: Approve. Council Minutes 5/14/02 -7- 014141) CASH CONTRACT NO. S.S. 513 TRAFFIC SIGNAL PREEMPTION SYSTEM (ACCOUNT NO. 26-16513): Accept the improvements constructed and the maintenance responsibility for the traffic signal preemption system: Approve. CASH CONTRACT NO. S.S. 521 SAFE ROUTES TO SCHOOL BROOKSHIRE AVENUE: Accept the improvements constructed and the maintenance responsibility for the sidewalk and traffic signal improvements: Approve. CASH CONTRACT NO. S.S. 510/526/527 CITYWIDE STREET RESURFACING: Award a unit price contract, totaling Sl,382,723.10 to Sully-Miller Contracting Company for citywide street resurfacing: Approve. WARRANTS ISSUED: NO. 175696 – 176335; WIRE NUMBERS 30000323-339; $4,138,251.42: Approve. ZONE CHANGE NO. 02-17 – 12641-12647 LAKEWOOD BOULEVARD; A REQUEST TO REZONE ONE (1) LOT FROM C-2 (GENERAL COMMERCIAL) TO R-3-0 (MEDIUM DENSITY, MULTIPLE FAMILY RESIDENTIAL-OWNERSHIP) (OWNER/APPLICANT: EURILA ENTERPRISES, INC.; REPRESENTATIVE: RICH MASSE): Set the public hearing for 7:30 p.m., May 28, 2002, in the Council Chamber of Downey City Hall: Approve. CONSIDER APPLICATION FOR TAXICAB SERVICE IN THE CITY OF DOWNEY (Applicant: Main City Taxi): Set the public hearing for 7:30 p.m., June 1 1, 2002, in the Council Chamber of Downey City Hall: Approve. GROUNDWATER MASTER PLAN (ACCOUNT NO. 51-1-8652): Approve an amendment extending the term of the professional services agreement between the City of Downey and Kennedy/Jenks Consultants, Inc. for the completion of the City’s Groundwater Master Plan: Approve. SPEED LIMITS FOR TELEGRAPH ROAD ENGINEERING AND TRAFFIC SURVEYS: Approve the Engineering and Traffic (E&T) surveys which reaffirm the speed limit of 40 mph on Telegraph Road. from the West City Limit to the East City Limit: Approve. RESOLUTION NO. 6568 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY IN SUPPORT OF ASSEMBLY BILL 1821 (LOWENTHAL) TO PROVIDE LIABILITY PROTECTION FOR THE CITY AND THE FIRE DEPARTMENT WHEN SURPLUS FIRE EQUIPMENT IS DONATED TO VOLUNTEER FIRE DEPARTMENTS ORDINANCES: None RESOLUTIONS: None Council Minutes 5/14/02 -8- 01414b ADMINISTRATIVE REPORTS PLANS FOR THE DOWNEY SPACE SCIENCE LEARNING CENTER Ms. Vogel explained the planning and preconstruction phase is the first phase of the Downey Space Science Learning Center and pointed out the advisory committee for this project has been meeting for a year to develop a plan that achieves the goals of preserving the history of the former NASA site and furthering the legacy of the aerospace accomplishments in the community. She reviewed the Strategic plan’s seven main goals; referred to the Staffing plan, noting staff does not recommend starting out with all of the positions listed; reviewed components of the plan, such as the Visitor Orientation Center; Challenger Learning Center; development of Space Science Distance Learning Programs in partnership with the Los Angeles County Office of Education; Aerospace Resource Center; Mars Lab/Robotic Center in partnership with the Jet Propulsion Laboratory; and Teacher Institute; and reviewed the Governance plan, which relates to how the facility and programs will be operated, staffed and governed. She advised it was decided the City would have overall authority for the center under the Community Services Department, with an Executive Director who reports directly to the Director of Community Services. She also noted staff recommends the creation of a non-profit corporation for the purpose of developing a board of directors and separate entity that can engage in fund raising and marketing. She described the business plan, which determines the actual cost to operate the facility and reviewed Exhibit D, a breakdown of the total budget for 2002- 2005, based on projected costs associated with the goals and objectives of the strategic plan. She reviewed the next steps such as a Request for Proposal (RFP) for an architect, the search for an Executive Director, and creation of the non-profit corporation. She noted consultant Steven Horn of Museum Management Consultants is in the audience along with David Seidel from the Jet Propulsion Laboratory (JPL), chairman of the advisory committee, to answer any questions. Council Member McCarthy suggested consideration is given to having the Executive Director employed by the board of the non-profit, as he felt there would be more latitude in the employment agreement. Ms. Vogel advised the committee felt it was in the City’s best interest to have a City employee who reports to the City and to have a strong board that plays an important role. Council Member McCarthy noted employment by the non-profit board would give more flexibility on how the person is compensated and might draw a better pool of applicants. Council Member Wirmingham commended the staff report as very thorough and felt the City needs to move forward with this process. He also felt the City needs to retain control of the organrzatron. Council Member Cartozian stated what is taking place is monumental and noted people in the community want the preservation of the aerospace industry on this site. He referred to costs and noted Mr. Tseklenis had mentioned ideas about an endowment fund to raise money. He thanked everyone involved for their continued work on the NASA committee. Council Minutes 5/14/02 -9- 01414 -r' Mayor Perkins commended the report and mentioned his concern with the City retaining control of the facility. He did not feel a salaried City employee was right for the position and felt the compensation program should be built on the person’s expertise in gatherIng and collecting money and should be rewarded for obtaining certain levels of funds. It was moved by Council Member Cartozian, seconded by Council Member Winningham and unanimously carried to review the plans for the Downey Space Science Learning Center with the revised operating budget, and direct staff to implement plans associated with Planning and Preconstruction. Steven Horn of Museum Management Consultants, stated his organization is very excited about the prospects for this project and noted it is unique in that the facility is on an actual aerospace site. He advised the work to date is the end of the beginning and there is a lot of planning to be done to bring the plan to fruition. He felt the questions about governance could be explored in more detail in the future. David Seidel of the Jet Propulsion Laboratory thanked the Council, Ms. Vogel, and the advisory council for their support. He referred to the elements in the planning report where certain components are implemented now and others implemented down the road and noted the mindset among the participants was not to implement the entire program in one whole chunk but to include pieces of all the elements and not preclude the opportunity to expand down the road. COUNCIL REVIEW OF POSSIBLE AMENDMENTS AND ADDITIONS TO THE DOWNEY MUNICIPAL CODE (DMC) PERTAINING TO THE SALE AND USE OF FIREWORKS Chief Sauter presented a Power Point program regarding the request by the Council for clarification of the Downey Municipal Code as it relates to fireworks. He advised that after reviewing the Code, the following four minor changes were noted: Amend DMC Section 3333, which relates to possession, discharge and alternation of safe and sane and dangerous fireworks by adding the word “possession;“ amend DMC Section 3338 that relates to fireworks sales permits, with the recommendation being to separate the sections to make them easier to follow; amend DMC Section 3342 related to the number of sales permits and clarifying the wording “good standing,“ with the recommendation that the stands in violation will find themselves out of the “good standing“ of the code and those stands who obey the DMC would have a preferred spot for next year; and amend DMC Section 3334 related to fireworks released in City parks, noting this section was deleted years ago and is being added again to clarify that fireu’orks are not to be discharged in public parks. Council Member Cartozian inquired if there were problems enforcing the discharge of fireworks in parks and was informed the section n’as reinstated for clarification purposes. He referred to Section 3333, Misuse, where the word “possession“ was added, and suggested including the word “illegal“ in front of the word fireworks. Mr. Vose advised a formal Ordinance will be brought back based on tonight’s discussion. Council Member Cartozian inquired if anything stipulates that the failure to follow through with certain prerequisites for sale permits and verified financial statements will result in the revocation of permits and was informed this is at the Council’s discretion. Council Minutes 5/14/02 - 10- 014 14 X Mr. Vose clarified this would entail the denial of a permit for the next year. Council Member Trejo asked who determines which non-profit organizations receive fireworks permits and was informed if it is in the Municipal Code, it would be handled administratively. He asked if there was a file that records violators and was informed this can be set UP Council Member Winningham recommended it be made clear in Section 3338 (D) and (E) that “failure to comply would constitute a loss of good standing status.” He referred to Section 3334 and suggested including the public right-of-way, noting many complaints were received about discharge and debris left in the streets. He pointed out the City is dealing with the issue of storm runoff/discharge and questioned how firework debris will affect that issue. He suggested this section read no discharge in any public park or public right-of-way, which would include sidewalks, driveway aprons and public streets. Council Member McCarthy felt the direction presented in the staff report is reasonable. He referred to Council Member Winningham’s point regarding what is meant by “not in good standing, and suggested a financial statement be designed that is standardized. Council Member Wirmingham advised that Norwalk, Paramount and other cities are following Downey’s example by shortening the days and hours of discharge. He mentioned hearing that Norwalk or Lakewood is exploring the possibility of placing the cost of overtime safety, Police and Fire, back to the firework manufacturers and inquired if this is legal. Mr. Vose noted he would look into this issue. Mayor Perkins suggested the term “good standing“ in Section 3342 (B) and (C) be removed stating it is an interpretation and that (B) and (C) be combined to make it simpler. He referred to Section 3338, suggesting it say, under (E), that an organization that is late will lose their right to operate a stand for the following five years. He felt there should be a lottery for stands to allow other organizations the chance to sell, if there are more applicants than permits. He requested it be added that any organization selling fireworks must be located in the City and was informed this stipulation is already in the Code. Mr. Vose reiterated “good standing“ refers to compliance with the Code and noted 3338 (E) states if the groups do not comply they lose their ability to obtain a permit for the next year. He stated Council direction is needed on whether it is a year or five years and also on the issue of whether the City wishes the previous organizations to have priority or that it be a lottery draw. Mayor Perkins requested Council discussion on these two items. Council Member McCarthy felt five years is too long and that a stand that is late with their financial staternent should be able to apply, if there is an opening available next year. He referred to the issue of a lottery and noted he would consider this but preferred it be kept as it is. He inquired if there were many applicants outside the traditional group and was informed there were three new applicants last year. Council Minutes 5/14/02 -11- 01414'. 1 ChiefSauter advised the City of Norwalk is considering a lottery for all stands every year. Council Member Wirmingham noted his support of a lottery system, which he felt would make the current organizations less dependent on firework sales as their main fundraiser. He reiterated his point on storm runoff and felt there may be a State mandate in the future that fireworks cannot be discharged in the public right-of-way. Council Member Cartozian referred to the Mayor’s suggestion of combining items (B) and (C) under Section 3338.1 and suggested consideration of adding a new (C) that would stipulate that a failure to meet the provisions of the Code would result in the revocation of a permit at the discretion of the Council. He also reiterated his previous suggestion to include the word “illegal“ in front of the word fireworks in Section 3333, under Fireworks. Misuse. Council Member Trejo echoed the comments of Council Member McCarthy in stating he felt a five-year penalty is too severe. He felt the clubs are recognizing that fireworks will not be handled as they have been in the past and are looking into other alternatives to raise money. Mayor Perkins responded that he would be willing to settle for a one-year penalty and suggested directing staff to review this. Council Member Winningham inquired if it could be stipulated that funds raised from fireworks sales must be spent back into the community. He noted some of the clubs use the funds for youth events outside the City. Mr. Vose advised this would be problematic in that it is only part of the revenue the groups raise and attempting to segregate it out would be difficult. It was moved by Council Member Cartozian, seconded by Council Member McCarthy and unanimously carried to give staff direction to review the suggestions brought forth by the Council on possible amendments to Article III, Chapter 3, Sections 3333, 3338, and 3342 of the Downey Municipal Code, pertaining to the sale and use of fireworks within City limits, and the possible addition of Sections 3334 and 3338.1. OTHER BUSINESS - Consent Calendar - Items removed by Council Approval CASH CONTRACT NO. S.S. 529 PARAMOUNT GATEWAY STREETSCAPE (ACCOUNT NO. 26-16529) Council Member McCarthy requested clarification regarding funding for this project, mentioning a recent memo from the Metropolitan Transportation Authority that stated the City was denied funding relative to the Paramount Gateway Streetscape. Mr. Alvarez advised the additional funding the City had applied for was through the State and not through the MTA. It was for extending the project further north and the City was unsuccessful in obtaining these funds. He noted the money for the subject project has been allocated and an agreement has been executed. Council Minutes 5/14/02 -12 014 lb !'I It was moved by Council Member McCarthy, seconded by Council Member Cartozian, and unanimously carried to approve plans and specifications and grant authority to advertise for bids on Cash Contract No. S.S. 529 – Paramount Gateway Streetscape. Council Member Winningham requested clarification that the median has irrigation and the response was yes. Council Member McCarthy referred to the proposed sign and advised he would like to see graphics and materials brought to the Council before it is in the building phase. OTHER BUSINESS - Council Members Council Member Cartozian mentioned attending the Downey High School Viking Awards, at the Downey Theatre to recognize students. Council Member Cartozian noted he also attended the Kidsday Hall of Fame Awards, which recognized kids from all Downey schools. Council Member Cartozian commented on the Family Fun Night event held last Thursday at Downey High School, which was integrated with their annual Mariachi Night and was well attended with approximately 5,000 people. Council Member Cartozian noted he had the pleasure of speaking at the High Achievement Tiger Program, a group of advanced students in the Third Grade at Alameda Elementary School. (.-'ouncil Member Cartozian stated he enjoyed attending the Kidsday and Fire Service Day events at Furman Park. Council Member Cartozian announced the Downey High School Prom will be held this Saturday at the Gene Autry Museum in West Hills. Council Member Trejo noted he also enjoyed the Family Fun Night event at Downey High School. Council Member Trejo mentioned he attended the Kidsday Hall of Fame awards and admired the number of kids recognized and the number of high school students who are going on to college Council Member Trejo requested that the trashcan posted in front of the Hospital where the Downey]_INK picks people up be reinstalled. He noted debris in this area and advised there used to be a trashcan located there. Council Member Trejo asked that the issue of shopping carts be reviewed, as he is seeing more than ever around the City. Council Member Winningham mentioned he enjoyed attending the Chamber of Commerce Street Faire last Saturday, which he felt was a very successful community event and a peat daY of fun Council Minutes 5/14/02 -13- 014151 Council Member Winningham congratulated the Downey Patriot newspaper on their first few issues. Council Member Winningham announced he has been working on a subcommittee with the Mayor for the renovation of the Rio Hondo Golf Course clubhouse and advised it is progressing nicely and has been narrowed down to a design, which will be brought back to the Council for review shortly Council Member Winningham agreed with Mayor Pro Tem Trejo regarding the increase in the amount of shopping carts abandoned in the community. He felt pressure needs to be put on the supermarkets. He referred to the “Warrants Issued“ noting it shows the shopping cart service was paid $200, which amounts to 8 shopping carts. Mr. Powell explained the service was only paid for carts from companies that aren’t part of their consortium, noting the big supermarkets are part ofthQ consortium. Council Member Winningham congratulated City Clerk Kathleen Midstokke on her one- year anniversary with the City. Council Member McCarthy commended the Code Enforcement Department regarding a property bordering the City of Paramount, which was denied a zone change. He noted many complaints were received about the appearance of the property and stated it has been vastly improved. Council Member McCarthy mentioned he attended the events mentioned by other Council Members, such as Family Fun Night, Street Faire, Kidsday, which were all wonderful. Council Member McCarthy announced a Memorial Day event on May 27th at 1 1:00 a.m. at the Downey Cemetery. Mayor Perkins recognized Council Member Winningham’s wife Carol in the audience and also Council Member Cartozian’s mother and father. Mayor Perkins mentioned the entire Council attended Kidsday and Fire Services Day last weekend. Mayor Perkins commented on his trip to Seattle, Washington, with Darrell George and Vanessa Roj as of the Community/Economic Development Department to make a presentation to the Federal Economic Development Administrative Department for a $3 million grant for the rehabilitation of the buildings on the former NASA site for filming activities. Mayor Perkins commented on the Downey Council PTA Scholarship Awards last night, which honored many students. Council Minutes 5/14/02 -14- 014 : 5 : Mayor Perkins announced receiving a letter from Los Angeles County Supervisor Don Knabe regarding an $80,000 grant for Parks and Recreation. He requested staff consider utilizing these funds for the parking lot at Independence Park along with additional restrooms and a snack shack pad at this location to accommodate the Girls Ponytail baseball league. He also noted a building in Rio San Gabriel Park that is in need of repair. OTHER BUSINESS - Staff Members Mr. Caton thanked the Council for their kind comments regarding staffs assistance with recent events, noting staff puts a great deal of time and effort into these events. He stated these comments are always passed on to the employees. The meeting recessed at 10:56 p.m. and reconvened at 11 :29 p.m. with all Council Members present. ADJOURNMENT: 11:30 p.m. The meeting was adjourned to 6:30 p.m., May 28, 2002, in the Council Chamber of Downey City Hall. '%a&?a :#. Kathleen L. Midstokke, City Clerk Meredith H Perkins, Mayor H:\ccLERK\scoNTE\MiNLJ’rEs\NI IN-CC-05- 1 +-02 Council Minutes 5/14/02 -15-