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Home My WebLink AboutMinutes - 08-13-02 - Regular Meeting014223 MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING AUGUST 13, 2002 The City Council/Community Development Commission of the City of Downey held an adjourned reWlar meeting at 6:31 p.m., August 13, 2002, in the Council Chamber of the Downey City Hall, Mayor/Chairman Meredith H. Perkins presiding. PRESENT:Council Members/Commissioners: Meredith H. Perkins Kirk O. Cartozian Keith McCarthy Mayor/Chairman ABSENT:Rick Trejo Robert C. Winningham Mayor Pro Tem/Vice-Chairman (excused ) (ex''cused) ALSO PRESENT:Lee Powell, Acting City Manager/Executive Director Charles Vose, City Attorney Kathleen Midstokke, City Clerk/Secretary Christina Vogel, Assistant to the City Manager APPROVAL OF CLOSED SESSION MINUTES – JULY 23, 2002 It was moved by Council Member/Commissioner Cartozian, seconded by Council Member/- Commissioner McCarthy, and unanimously carried (3-0) to approve the Closed Session Minutes of July 23, 2002. CLOSED SESSION Mayor/Chairman Perkins announced the Council/Commission is recessing to Closed Session (6:32 p.m.) to discuss a matter under the authority of the following Section of the Government Code: A. SECTION 54957.6 – Conference with labor negotiator Lee Powell re direction for labor negotiations with the Downey Firemen’s Association, Downey Police Officers ’ Association and the Police Management Association. The meeting reconvened in open session at 7:28 p.m. with Council Members/Commissioners Caaozian, McCarthy and Perkins present; Council Members/Commissioners Trejo and Winningham absent. There were no Closed Session actions to report. The meeting recessed at 7:28 p.m. City Council/Community Dev. Comm. Minutes (adj .) 8/13/02 -1- 01422. i ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 8:25 p.m. with Council Members/- Commissioners Cartozian, McCarthy and Perkins present; Council Members/Commissioners Trejo and Winningham absent (see Oral Communications under the Regular City Council Meeting) and recessed at 8:33 p.m. The meeting reconvened at 8:36 p.m. with Council Members/Commissioners Cartozian, McCarthy and Perkins present; Council Members/Commissioners Trejo and Wirmingham absent. ADJOURNMENT: 8:37 p.m. qa//„d,t> #, Kathleen L. Midstokke, City Clerk/Secretary Meredith H. Perkins, Mayor/Chairman h:\cclerk\sconte\MIN ADJ-08- 1 3-02 City Council/Community Dev. Comm. Minutes (adj .) 8/13/02 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 13, 2002 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Mayor’s Soaring Eagle Award for Education for August to Efrain Villanueva Jr., Sr. Library Assistant Res. #6587, finding the City to be in conformance with the 2002 Congestion Management Program (CMP) and adopting the CMP local implementation report Adopted 3 3 3 Removal of Items from Consent Calendar Council Minutes: Adj. & Reg. Mtgs. 7/23/02 Approved Cash Contract #633 – Rives Ave. water distribution main extension: Accept the extension of the 12-inch ductile iron water distribution main & associated connections along Rives Ave. between Imperial Hwy. & Quill Dr.Approved 3 Cash Contract #635 – Independence Park Tennis Courts Resurfacing: Award contract totaling $18,400 to Trueline Recreational Coating Approved 3 3 3 Warrants Issued: No. 178134-178648; Wire Nos. 177-180, 30000380-387; $4,848,198.92 Approved Refer appeal of Ms. Ae Ja Kang re denial of police permit application for massage technician to a hearing officer Approved Grant Agreement with U.S. Environmental Protection Agency and appropriation of $115,000 in grant funds to conduct a vulnerability assessment and associated security improvements for tbe City’s water distribution system Approved 4 4 4 4 Bond Counsel for the proposed golf clubhouse bond financing program: Select Jones Hall as bond counsel Approved Res. #6588, approv. appointment of Ernie Wisdom to Handicapped Appeals Board Adopted Adopted Res. #6589, approv. the destruction of certain obsolete records of the Finance Dept. PAGE 1 OF 2 COUNCIL MINUTES, AUGUST 13, 2002 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #6590, amend. the Memorandum of Understanding authorizing the L. A. Impact to target, investigate & prosecute individuals who engage in terrorism Adopted 4 Res. #6591, approv. the final subdivision map of Parcel Map #26387 (7354-7360 Nada St. & 11951 Old River School Rd.)Adopted 4 4 Res. #6592, approv. an agreement for legal services w/Oliver, Vose, Sandifer, Murphy & Lee Adopted Letter from Analisa Ridenour Hungerford, Friends of Johnie’s Broiler, & Adriene Biondo, L. A. Conservancy, requesting that the nomination ofJolmie’s Broiler as a historical resource for the State of California be placed on a future Council Agenda Cont. to 10/8/02 5 Consideration of appointment to office or conducting election for Council Member – District 2, when only one candidate; 11/5/02 General Municipal Election Set Special Mtg. 5:30 p.rn. 8/20/02 6 7 8 8 Cash Contract #621 A – Fire Station Annex Bldg.: Award contract totaling 5285.000 to Meridian Pacific Construction Approved Green curb (20-minute parking) adjacent to 11116-26 Downey Ave. Ref. to Downtown Subcommittee Cn. Cartozian req. staff look at the signage citywide and on adjacent freeways to update the City’s population figures Cn. Cartozian req. staff & the Traffic Committee consider installing a crosswalk on Civic Center Drive to the City’s historic arch 8 Speakers re the Police pursuit that resulted in the death of Gonzalo Martinez and related issues Adjourned in memory of Jason Joseph, Jr., grandson of Rose Joseph, Communications Operator for the Downey Fire Dept. Meeting adjourned to 5:30 p.m., August 20, 2002 PAGE 2 OF 2 H:\cclerk\sconte\tabl-08- 13-02 01422 ii The Resolution was read by title only. It was moved by Council Member McCarthy, seconded by Council Member Cartozian, and unanimously carried (3-0) to waive further reading and adopt. CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Item 4, CASH CONTRACT NO. 621 A, FIRE STATION ANNEX BUILDING, was removed at the request of Lennie Whittington. Agenda Item 9, GREEN CURBS (20-MINUTE PARKING) ADJACENT TO 11116-26 DOWNEY AVENUE, was removed at the request of Council Member Cartozian. City Clerk Midstokke advised, for the record, that the Resolution in Agenda Item 12, APPOINTMENT OF ERNIE WISDOM TO THE HANDICAPPED APPEALS BOARD, was amended to no longer state District 5, as it is an at-large Citywide appointment. CONSENT CALENDAR It was moved by Council Member Cartozian, seconded by Council Member McCarthy, and unanimously carried (3-0) to waive further reading of the Resolutions and approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, JULY 23, 2002: Approve. CASH CONTRACT NO. 633 – RIVES AVENUE WATER DISTRIBUTION MAIN EXTENSION (ACCOUNT NO. 51-1-8654): Accept the extension of the 12-inch ductile iron water distribution main and associated connections along Rives Avenue between Imperial Highway and Quill Drive, under Cash Contract No. 633: Approve. CASH CONTRACT NO. 635 – INDEPENDENCE PARK TENNIS COURTS RESURFACING (ACCOUNT NO. 27-17536): Award Cash Contract No. 635, totaling $ 18,400 to Trueline Recreational Coating for tennis courts resurfacing at Independence Park: Approve. WARRANTS ISSUED: NO. 178134 – 178648: WIRE NUMBERS 177-180, 30000380- 387; $4,848, 198.92: Approve. REFER APPEAL OF DENIAL OF POLICE PERMIT APPLICATION FOR MASSAGE TECHNICIAN TO A HEARING OFFICER: Refer appeal of Ms. Ac Ja Kang to a hearing officer in accordance with Downey Municipal Code 6404: Approve. Council Minutes 8/13/02 -3- 01422'1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 13, 2002 The City Council of the City of Downey held a regular meeting at 7:32 p.m., August 13, 2002, in the Council Chamber of the Downey City Hall, Mayor Meredith H. Perkins presiding. PRESENT:Council Members: Meredith H. Perkins Kirk O. Cartozian Keith McCarthy Mayor ABSENT:Rick Trejo Robert C. Winningham Mayor Pro Tem (excused) (excused) ALSO PRESENT:Lee Powell, Acting City Manager Charles Vose, City Attorney Kathleen Midstokke, City Clerk 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 Ron Yoshiki, Asst. Director of Community Dev./City Planner Vicki Jenkins, City Librarian Chuck Seely, Battalion Chief Christina Vogel, Assistant to the City Manager Joyce E. Doyle, Chief Deputy City Clerk PRESENTATIONS Mayor Perkins presented to Efrain Villanueva Jr., Senior Library Assistant, Downey City Library, the Mayor’s Soaring Eagle Award for Education for August 2002. He noted Mr. Villanueva completed his Associate of Arts Degree in 1997 and returned to school in 2001 where he is pursuing a Master of Library Science Degree and plans to attend the University of Fullerton. He mentioned Mr. Villanueva has been a Senior Library Assistant for Downey since December 1999 and reviewed his many accomplishments. He mentioned Mr. Villanueva suffered severe heart problems between 1997 and 2001, which culminated with the receipt of a donor heart. Mr. Villanueva advised it will be four years next month since he received his new heart and thanked GOD for allowing him to be here, his wife, his mother, his brother, City Librarian Vicki Jenkins, his supervisor Thad Phillips, co-worker Josephine de la Dingco and the entire City for allowing him to be a part of this great organization. Council Minutes 8/13/02 -4- 01422 1) HEARINGS Mayor Perkins opened the public hearing to CONSIDER ADOPTING A RESOLUTION SELF-CERTIFYING THE CITY’S CONFORMANCE WITH THE METROPOLITAN TRANSPORTATION AUTHORITY’S 2002 CONGESTION MANAGEMENT PROGRAM (CMP) Ms. Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member McCarthy, seconded by Council Member Cartozian and so ordered to receive and file. There was no correspondence received regarding this matter. Mr. Yoshiki pointed out this matter has been brought before the City Council annually for the past nine years, after the passage of Proposition 111, and relates to addressing congestion in the community. He noted Proposition 111 requires the City to review its development scenario and transportation measures incorporated to alleviate particular congestion. This self-certification effort requires a public hearing, which guarantees the continuation of the City’s Proposition 1 11 gas tax revenue, which is projected to be $682,606 this year. He noted the formula is a set of credits and debits and the idea is to sustain a positive balance of credits against developments that could affect that credit balance. He advised last year the City had a balance of 34,859 credits and this year will have a balance of 36,489. Council Member Cartozian referred to Page 2, 1tem 4, Local Implementation Report, and inquired how the City’s traffic study and plan for resynchronization of the lights along Firestone Boulevard, which is still in process and not close to being finalized, is addressed in the CMP and was informed by Mr. Yoshiki that those improvements are not addressed in this current report. He advised the CMP program requests cities monitor traffic volumes every other year. Council Member McCarthy explained this intergovernmental document is for making sure the community’s development efforts do not jam its streets as a result. He assumed the start of significant activity at the former NASA site would take the City’s credit number down significantly. Mr. Yoshiki noted the development scenario at the former NASA site will be completed in phases but will definitely affect the credit balance. Mayor Perkins asked if anyone present wished to speak to the Resolution self-certifying the City’s conformance with the Congestion Management Program. There being no one to speak, it was moved by Council Member McCarthy, seconded by Council Member Cartozian, and so ordered to close the public hearing. RESOLUTION NO. 6587 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 Council Minutes 8/13/02 -5- 0142.23 Acting Mayor McCarthy asked if there were any comments from the public. Lennie Whittington, 8542 Manatee Street, noted he could not recall an occasion where the Council decided to appoint a candidate and stated the democratic process is that people have the opportunity to enter the race as a write-in candidate and felt this should be taken into consideration. Council Member Cartozian referred to the two potential recommendations, one of which is to receive and file, which would allow the election to go forward, and asked if this requires a quorum. Mr. Vose advised it does not require a quorum and only requires no action, which is what would happen if the Council does not move forward with the Special Meeting. Ms. Midstokke advised this item was prepared as the result of an uncommon situation wherein only one person has qualified for nomination for District Two for the General Municipal Election to be held November 5, 2002, in consolidation with Los Angeles County. She explained that when only one person has been nominated in a District election and there are no Citywide offices or measures scheduled for the election, the California Elections Code requires the City Clerk certify those facts to the City Council so they can consider canceling the election for the subject District. She also mentioned a publication requirement and the waiting of five days after publication before the City Council can take official action to cancel the election, advising the publication will take place tomorrow and the fifth day after will be Monday, August 19. The last day the election can be cancelled and notification made to the County is Thursday, August 22, which leaves the window of opportunity of Tuesday, August 20, and Wednesday, August 21, to hold a subsequent meeting to take formal action on this matter. She advised she requested the County provide an estimate of the cost savings for the cancellation of this District Election on Friday but by the end of the business day today, this information has not been provided. She noted, if the Council does chose to cancel the district election, it will have the effect of denying the opportunity for write-in candidates for this district, which would normally run from September 9 through October 22. Council Member Cartozian referred to Mr. Whittington’s comments and agreed there are certain procedures that are due rights for individuals. He stated there could potentially be a write-in candidate and advised he would like to see the savings figure to be provided by the County. Ms. Midstokke responded that the County did not promise to come through with a figure but stated they would try. Council Member McCarthy stated he would like to see this reviewed in a week when the other Council Members have returned. After further discussion by the Council, it was moved by Council Member McCarthy, seconded by Council Member Cartozian, and so ordered to call a Special Meeting of the City Council for 5:30 p.m., Tuesday, August 20, 2002, to review the Consideration of Appointment to Office or Conducting Election for Council Member – District Two, when only one candidate; November 5, 2002, General Municipal Election. Council Minutes 8/13/02 -6- 01423 iI OTHER BUSINESS - Consent Calendar - Items removed by Council Approval CASH CONTRACT NO. 621 A – FIRE STATION ANNEX BUILDING (ACCOUNT NO. 40-13968) Lennie Whittington, 8542 Manatee Street, inquired if this was the property previously owned by former Fire Chief Ron Irwin and his wife, which is directly behind the main fire station on Paramount Boulevard and referred to earlier reports stating this facility was going to be remodeled to accommodate men and women with an activity area for exercise. He asked if this is the same building and if it is now being remodeled again. Mayor Perkins advised it is not a second remodel, noting money was previously allocated for this project and when bids were received they were felt to be out of line. It has taken several months to make the corrections and adjustments necessary to bring the building in line with the amount appropriated and commended the Chief for doing an outstanding job. Council Member Cartozian noted Paragraph 3, Page 2, mentions a fitness facility suitable for all Fire Department members. It was moved by Council Member Cartozian, seconded by Council Member McCarthy and unanimously carried (3-0) to award Cash Contract No. 621 A, totaling $285,000 to Meridian Pacific Construction for the Fire Station Annex Building. GREEN CURB (20-MINUTE PARKING) ADJACENT TO 11116-26 DOWNEY AVENUE Council Member Canozian noted there are people in the audience who may wish to speak to this item. Anthony De Porben, 9241 Stamps Avenue, co-owner of Popcorn Video, requested this issue be continued to the next meeting. Maria Larkin, 10603 Chaney Avenue, mentioned she worked on the Downey Avenue beautification project for five years and noted this particular portion of Downey Avenue desperately needs help. She urged the Council to consider 20 or 30 minute parking limits for this area, stating there is ample diagonal parking from Third Street to Second Street on both sides, which gives the restaurants ample parking but the small businesses suffer, as people park for an hour or two while havihg lunch. Council Member Cartozian advised he would like to continue this item for review by the fUll Council. Council Member McCarthy suggested this matter be forwarded to the Downtown Subcommittee, noting the Traffic Committee reviewed it and suggested approval, however, staff is recommending denial. Council Minutes 8/13/02 -7- B14'Z3 L It was moved by Council Member McCarthy, seconded by Council Member Cartozian, and unanimously carried (3-0) to refer this matter to the Downtown Subcommittee for review and recommendation; and direct staff and the Downtown Subcommittee to review all parking, both residential and commercial, in the Downtown overlay zone. Mayor Perkins stated he was in favor of the suggestion by Council Member McCarthy, noting several e-mails were received regarding this subject and a review by the Downtown Subcommittee would provide the opportunity to research it more. OTHER BUSINESS - Council Members Council Member Cartozian requested staff look at the signage Citywide and on adjacent freeways to update the City’s population figures and suggested consulting with interstate groups to update their signs. Council Member Cartozian requested staff and the Traffic Committee consider the possibility and feasibility of installing a crosswalk on Civic Center Drive to the City’s historic arch. OTHER BUSINESS - Staff Members: None ORAL COMMUNICATIONS The following people spoke regarding the Police pursuit that resulted in the death of Gonzalo Martinez and related issues: Augustin Cevada, Altacalifa, CA IV[ichael Lakey, 11706 Coldbrook Avenue, Apartment 7 Cheno Romero, 6669 Loveland Avenue, Bell Gardens, CA, Brown Beret, Downey Chapter, and member of the Friends of Gonzalo Committee Patricia Parrera (sp. ?), City of Paramount ADJOURNMENT: 8:37 p.m. The meeting adjourned in memory of Jason Joseph, Jr., grandson of Rose Joseph, Communications Operator for the Downey Fire Department, to 5:30 p.m., August 20, 2002, in the Council Chamber of Downey City Hall. Kathleen L. Midstokke, City Clerk Meredith H. Perkins, Mayor H:\CCLERK\SCONTE\MINUTES \MINS-CC-08 .1 3-02 Council Minutes 8/13/02 -8- 01423: MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING AUGUST 20, 2002 An Adjourned Regular Meeting of the City Council of the City of Downey was called to order at 5:30 p.m., August 20, 2002, in the Council Chamber of the Downey City Hall, and adjourned for lack of a quorum. Ct/ Ie, Chief Deputy Citym H:\Cclerk\Sconte\Minutes\Aj-quo08-20-02 Council Minutes - 8/20/02