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HomeMy WebLinkAboutMinutes - 08-27-02 - Regular Meeting014233 MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING AUGUST 27, 2002 The City Council/Community Development Commission of the City of Downey held an adjourned regular meeting at 6:32 p.m., August 27, 2002, in the Council Chamber of the Downey City Hall, Mayor/Chairman Meredith H. Perkins presiding. PRESENT:Council Members/Commissioners: Meredith H. Perkins Rick Tmjo Kirk O. Cartozian Keith McCarthy Robert C. Winningham Mayor/Chairman Mayor Pro Tem/Vice-Chairman (arrived at 6:35 p.m.) 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 – AUGUST 13, 2002 It was moved by Council Member/Commissioner Trejo, seconded by Council Member/- Commissioner Cartozian, and so ordered to approve the Closed Session Minutes of August 13, 2002 CLOSED SESSION Mayor/Chairman Perkins announced the Council/Commission is recessing to Closed Session (6:33 p.m.) to discuss matters under the authority of the following Sections of the Government Code: Council Member/Commissioner McCarthy arrived at 6:35 p.m. A. SECTION 54956.8 – Conference with real property negotiator Darrell George re property: 9066 Firestone Boulevard; negotiating party: Arturo Sneider; under negotiation: price and terms of payment. B. SECTION 54956.8 – Conference with real property negotiator Darrell George re property: 8239 Second Street; negotiating party: David Devis; under negotiation: price and terms of contract. City Council/Community Dev. Comm. Minutes (adj .) 8/27/02 -1- 01423 t C. SECTION 54956.9 - Subdivision (b) – Conference with legal counsel – anticipated litigation (exposure to litigation) (two potential cases). D. 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 7:38 p.m. with all Council Members/- Commissioners present. Mayor Perkins noted the City Attorney had an announcement to make. Mr. Vose requested the Council/Commission consider adding the request for a parade permit by the Friends of Gonzalo Committee to the Agenda as an urgency item, in that the need to take action is immediate and the need for action came to the attention of staff after the posting of the Agenda. He noted the request must be approved by a two-thirds majority of the Council. It was moved by Council Member/Commissioner Winningham, seconded by Council Member/Commissioner Cartozian, and unanimously carried to add this item to the Agenda. REQUEST FOR A PARADE/STREET CLOSURE PERMIT ON FIRESTONE BOULEVARD FROM WOODRUFF AVENUE TO BROOKSHIRE AVENUE BY THE FRIENDS OF GONZALO COMMITTEE FOR SATURDAY, AUGUST 31, 2002 Mr. Vose explained the City received a request on August 21, 2002, for a parade/street closure permit for Saturday, August 31, 2002, from the Friends ofGonzalo Committee for the partial closure of certain public streets. He noted the request was initially rejected, as it was not filed at least 35 days prior to the scheduled date, which is a requirement of the City’s parade closure permit procedure. He advised he has reviewed the matter further and has discussed it with the Committee’s attorney and believes the request constitutes an extraordinary circumstance, which justifies reconsideration by the Council/-Commission. He explained, if approved by the Council/Commission, the result would be the granting of a street closure permit for the use of one lane of Firestone Boulevard, westbound aom Woodruff Avenue to Brookshire Avenue, for one hour, with a rally concluding at City Hall. He recommended granting the parade/partial closure permit and directing the Police Department to coordinate with representatives of the Friends ofGonzalo Committee. It was moved by Council Member/Commissioner Cartozian, seconded by Council Member/- (-'ommissioner Wirmingham, and carried by the following vote to accept the application and grant the permit. AYES ABSTAnq 4 1 Council Members: Cartozian, Trejo, Winningham, Perkins Council Members: McCarthy The meeting recessed at 7:40 p.m. City Council/Community Dev. Comm. Minutes (adj.) 8/27/02 -2- 142350 ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 8:54 p.m. with all Council Members/- Commissioners present (see Oral Communications under the Regular City Council Meeting) and recessed at 9:08 p.m. The meeting reconvened at 10:05 p.m. with all Council Members/Commissioners present and recessed to Closed Session to complete discussion of Closed Session Items previously announced. The meeting reconvened at 11:19 p.m. with all Council Members/Commissioners present. There were no Closed Session Actions to report. ADJOURNMENT: 11 :20 p.m. Kathleen L. Midstokke, City Clerk/Secretary h:\cclerk\sconte\MIN-ADJ-08-27-02 City Council/Community Dev. Comm. Minutes (adj .) 8/27/02 -3- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 27, 2002 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Certificate of Appointment to Ernie Wisdom, Handicapped Appeals Board Citywide Introduction of newly appointed Police Sergeant Alex Idzabe1 Appeal of Conditional Use Permit #02-08 & Zone Variance #02-27 for property at 7423 Firestone Bl. (Firestone Car Wash) Cont. hI:g. to 9/10/02 3 Speakers re the Police pursuit that resulted in the death of Gonzalo Martinez and related issues 5 Bill Harrison, representative of Friends ofJohnie’s Broiler, presented tee-shirts to the Council and commended them on doing a wonderful job 5 5 5 Removal of Items from Consent Calendar Council Minutes: Adj. & Reg. Mtgs. 8/13/02 Approved Cash Contract #S.S. 529 – Paramount Gateway Streetscape: a. Res. #6593, approving Program Supplement M017 to City/ State Master Agreement 07-5334; and b. Award Cash Contract #S.S. 529 to GMC Eng., Inc. Adopted Approved 6 6 Warrants Issued: #178649-179047; Wire Nos. 30000388-395; $3,372,982.09 Approved 6 Approve contract for golf course study: Approve agreement w/William Sherman & auth. the Mayor to execute the agreement Approved 6 6Appropriations for the maintenance of the Transit Center Approved Southeast L. A. County Workforce Investment Board – appointment to Private Sector Representative from Downey: Consider the nomination and select Johnny Croshaw Approved 6 PAGE 1 OF 4 COUNCIL MINUTES, AUGUST 27, 2002 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #6594, adopting a class specification & establishing a salary range for Fire Communications Center Supervisor Adopted 6 Res. #6595, amendment to the contract between the Board of Administration California Public Employees’ Retirement System & the City Council City of Downey Adopted 6 Res. #6596, approv. the California Office of Traffic Safety grant agreement for development of a geographic information system based traffic safety management system Adopted 7 8 Ord. adding Chapter 2 to Article X of the Downey Municipal Code regarding skate parks on public property Introduced Urgency Ord. #1130, amending Chapter 7 of Article V of the Downey Municipal Code as it relates to storm water and urban runoff pollution control and declaring the urgency thereof Adopted 9 Cash Contract #631 – Parking Lot #10 rehabilitation – Downey Main Post Office: Approve plans & specs. & grant authority to advertise for bids Approved 10 Golf Course financing program – approval of Investment Banker/Underwriter: Approve Stone & Youngberg to serve as Investment Banker & auth. the Mayor to sign the agreement Approved 11 11 11 Discussion of used car lots in the City of Downey Cn. McCarthy re condition of American flags along Firestone BI Cn. McCarthy ref. to a utility pole on the east side of Patton Rd., south side of Firestone Bl. that if)oks like it needs to be replaced 11 Cn. McCarthy ref. to Cash Contract #S.S. 529, Paramount Gateway Streetscape, & noted discussing entry monument signs with staff & preferred the streetscape project continue without the entry portion at this time 11 PAGE 2 OF 4 COUNCIL MINUTES, AUGUST 27, 2002 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cn. McCarthy welcomed Johnny Croshaw at Downey’s Private Sector Representative to the Southeast L. A. County Workforce Investment Board 12 Cn. Winningham referred to the half million in surplus nm(is from the Paramount Gateway Streetscape & commended the Public Works Dept.12 12 Cn. Winningham re the rededication ceremony at Dennis the Menace Park tomorrow re new playground equipment Cn. Winningham apologized for the condition of the flags on Firestone Bl. & noted some need replaced 12 12 12 12 Cn. Winningham re ceremonies planned in the City for Patriots’ Day on September 11th Cn. Cartozian commented on new Handicapped Appeals Board Member Ernie Wisdom Cn. Cartozian referred to the proliferation of used car lots on Firestone Bl. Cn. Cartozian mentioned attending Planning Commission meetings where street light requirements are imposed & requested a report as to how this is determined 12 Cn. Cartozian referred to prior discussions re standards at car wash facilities & requested a report as to how this will be handled 12 12 13 13 13 Cn. Trejo thanked Kevin Ellis from Community Services for organizing a basketball tournament for young boys Cn. Trejo re urgency for a sports complex in the City Cn. Trejo requested staff look into requesting the remodel of the main post office facility on Firestone Bl. Cn. Trejo supported Cn. McCarthy’s issues on used car lots PAGE 3 OF 4 COUNCIL MINUTES, AUGUST 27, 2002 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Mayor Perkins welcomed Cn.’s Trejo & Winningham and City Manager Caton back from vacation 13 Mayor Perkins referred to the request by Cn. Trejo for a sports complex & suggested the former Boeing property be considered as a location 13 Mr. Caton noted he attended a retirement ceremony for Greg Mayfield who worked for the City for over 30 years 13 Adjourned in honor of Greg Mayfield, retiring Utilities Superintendent Public Works, Water Division 13 13Meeting adjourned to 6:30 p.m., September 10, 2002 H:\cclerk\sconte\tabl-08-27-02 PAGE 4 OF 4 014236 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 27, 2002 The City Council of the City of Downey held a regular meeting at 7:44 p.m., August 27, 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 James Jarrett, Director of Community Services Mark Sauter, Fire Chief Ron Yoshiki, Asst. Director of Community Dev./City Planner Sung Hyun, Finance Manager Christina Vogel, Assistant to the City Manager Shirley Conte, Executive Secretary PRESENTATIONS Mayor Pro Tem Trejo presented to Ernie Wisdom a Certificate of Appointment for his Citywide appointment to the Handicapped Appeals Board. Chief Finch introduced newly appointed Police Sergeant Alex Irizabel. He noted officer Irizabel became a police officer in 1996 and transferred to the Downey Police Department in 1998. He was appointed Corporal in 2001 and is now being appointed to the rank of Sergeant. Sergeant Irizabel thanked the Chief, Captain Dryer, the Council, and stated he is proud and honored to be a Police Officer for the City of Downey. He introduced his wife and two young daughters. Council Minutes 8/27/02 -1- . 01423; HEARINGS Mayor Perkins opened the public hearing on APPEAL OF CONDITIONAL USE PERMIT NO. 02-08 AND ZONE VARIANCE NO. 02-27 FOR PROPERTY LOCATED AT 7423 FIRESTONE BOULEVARD (FIRESTONE CAR WASH) – A CONDITIONAL USE PERMIT (CUP) FOR THE EXPANSION OF AN EXISTING CAR WASH FACILITY, AND A ZONE VARIANCE (ZV) RELATED TO REAR YARD SETBACKS ON PROPERTY ZONED C-2 (GENERAI, COMMERCIAL), which was continued from the Council meeting of June 25, 2002. There was no correspondence received regarding this matter. Council Member Winningham advised 326 signatures of customers of Firestone Car Wash were submitted to him on June 7, 2002, in support of the canopies used at this facility. It was moved by Council Member Winningham, seconded by Council Member McCarthy, and so ordered to receive and file. Mr. Yoshiki explained this request involves property on the north side of Firestone Boulevard that is a 37,000 square foot site with 190 feet of street frontage on Firestone Boulevard and 112 feet of frontage on Old River School Road. He advised it is a car wash facility that was established in 1993 by approval of Planning Commission CUP 93-16, noting since that time two yellow rectangular canopies were installed without the proper permits. He stated the applicant/appellant has applied for a CUP to expand the car wash to include the canopies, and a ZV to address the rear yard setback along the northerly property line. He identified the canopies as Canopy No. 1 along Firestone Boulevard and Canopy No. 2. along the northerly property line. He noted these two issues were considered at two Planning Commission hearings where the Commission approved the applicant/appellant’s ability to retain the canopies as an expansion of their operation; however, conditions of approval were stipulated. Canopy No. 1 was required to be relocated along the northeasterly portion of the property, excessive signage surrounding the canopies was to be removed, and the structural members of the canopies were to be painted. The Commission also noted the addition of landscaping materials would highlight the property and provide screening as would the maintenance of the existing landscaping along Firestone Boulevard. He advised the applicant/appellant appealed the conditions relating to Canopy 1 along Firestone Boulevard. He responded to comments from the Council. Council Member Winningham inquired if routine inspections are done when a business changes ownership to verify if alterations were made and, if so, were they made in conformance with the Downey Municipal Code and was informed physical inspections are not done when a business changes ownership. He questioned if other car wash facilities in the City have been cited and was informed staff is presently working with the owner of another facility. Mayor Perkins asked if the applicant/appellant, or his representative, wished to make any comments regarding the appeal. Council Minutes 8/27/02 01423 j Kevin Ruf, 1801 Avenue of The Stars, Suite 311, Los Angeles, stated the issue his client has is with moving Canopy 1 from its present location along Firestone Boulevard to the location on the northeast side of the property suggested by the Planning Commission, as they feel this move is not practical and not workable since the canopies serve the function of protecting their workers from the sun and the suggested change would present undue hazards. He noted it is an aesthetic concern and advised the canopy will be painted the same color as the building. He requested the Council view the canopy as they would handicapped access, as it is purely functional and intended for safety. He noted the owner has agreed not to place signage on the canopies. He referred to the signatures mentioned by Council Member Winningham, which includes employees who are impacted by the canopies. He narrated a videotape of the car wash operation to show why the owner feels it is not feasible to move Canopy 1 from its current location and responded to comments from the Council. Council Member Winningham noted he had pictures taken at other car wash facilities in the City. Mr. Ruf noted his client is not in violation of the Downey Municipal Code and pointed out this is solely a question of aesthetics and hoped it would be a consistent rule throughout the City. Susan Kim, daughter of the owner of Firestone Car Wash, 10001 Arrington Avenue, stated the issue with the detail canopy is one of safety because of the time it takes to detail a vehicle and having cars situated in that area while cars are moving in and out is unsafe. She advised all signage was removed from the canopies and noted her parents have spent a lot of time on this issue and feel the present setup of the canopies is the safest way and ask they be allowed to remain as is. Mayor Perkins referred to other car wash facilities in the City and noted most have canopies solely for detailing purposes and not for the benefit of the employees. He stated his concern is that the canopies were installed without proper permits and stated the City needs to look at all car wash facilities with canopies and felt there should be an Ordinance to govern this. Mayor Perkins asked if anyone present wished to speak in favor of or in opposition to the appeal of CUP No. 02-08 and ZV No. 02-27. There being no one to speak, Mayor Perkins inquired if Council Member Winningham wished to show his slides. Mr. Vose suggested the slides be shown before the hearing is closed. Council Member Winningham narrated slides of car washes and detail shops throughout the City, stating there needs to rules that are equitable for everyone. He noted aesthetics is a concern with canopies but felt they were a necessary part of this industry and need to be addressed. He suggested continuing the item and returning it to the Planning Commission for review of laws concerning structures that will allow all car wash establishments and detail shops to be in compliance. It was moved by Council Member Winningham, seconded by Council Member Cartozian and unanimously carried to continue the hearing for two weeks and return the issue to the Planning Commission for an Ordinance that would specify conditions car washes and detail facilities must adhere to for a positive appearance. Council Minutes 8/27/02 -3- 01423 tJ Prior to the vote, Council Member Cartozian inquired if the CUP and ZV are included in the motion or solely the structure of the canopies and Council Member Winningham advised they are two separate issues and should not be included together. Council Member Cartozian requested clarification that the other conditions of the CUP still apply. Council Member McCarthy noted the decision was made in 1993 to construct the canopies in question and felt the current owner is now burdened by that decision and sympathized with them, stating he felt they should be allowed to go about their business. Mr. Vose noted what is pending is approval of a CUP and a ZV, in addition to the issue of the denial of the appeal, and to continue the hearing leaves these items in limbo. He stated the Council needs to determine what it wants to do with these issues pending the referral back to the Planning Commission. Mr. Caton stated he felt the Council wishes to approve the CUP but would like to hold the issue of the canopies and the appeal over for review. Mr. Vose stated if it is the desire of the Council to move in that direction, the item can be continued for two weeks for a disposition at that time. Council Member McCarthy moved that the Council grant the appeals on CUP No. 02-08 and ZV No. 02-27. The motion died for lack of a second. Council Member Winningham asked if the setback area is what is being dealt with now and Mr. Yoshiki advised the variance would allow them to be in the setback area but the issue is aesthetics . Mr. Vose explained that the Council has a CUP and ZV before it that were approved subject to conditions. The applicant is appealing certain aspects of those conditions and continuing the item means the CUP and ZV are not approved yet and are of no value at this time, which leaves the applicant in limbo in terms of the status of any pending code enforcement. If the conditions the appeal is filed on are removed, the City loses jurisdiction over those issues in the fbture and may not be able to enforce them. This must be split up in a manner that allows the City to have jurisdiction. Council Member Winningham asked if the applicant had any objections to continuing the item for two weeks. Mr. Ruf requested a moment to explain the situation to his client. The meeting recessed at 8:45 p.m. and reconvened at 8:50 p.m. with all Council Members present. Council Member Winningham stated he would like staff to work on an Ordinance that is site specific for car washes and detail shops and has conditions that all such facilities must comply with, if they have a canopy in the setback area. Council Minutes 8/27/02 -4- 01424 {} After further discussion, Mr. Ruf and Ms. Kim advised they were in agreement with a continuance. Mr. Ruf noted the canopy in the setback area was approved without any modifications. He understood that Canopy 1 along Firestone Boulevard is not in any setback area but is simply deemed necessary to move on an aesthetic basis. Council Member Winningham noted he was referring to a visual setback area off a major boulevard and not a setback, such as a 20-foot front yard setback. 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 Cheno Romero, 6669 Loveland, Bell Gardens, Brown Beret, Friends of Gonzalo Committee, and representative of Latino and Mexican people Patricia Pareida, 15934 Regina Avenue, Paramount, CA, representative of Friends of Gonzalo Committee Lennie Whittington, 8542 Manatee Street Diane Quinteros, 11644 Brookshire Avenue Bill Harrison, 9022-3/4 Cecilia Street, representative of the Friends of Johnie’s Broiler, presented tee-shirts to the Council commending the Council Members for doing a wonderful job. He stated he is proud to be a citizen of the great city of Downey. CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Item 5, CASH CONTRACT NO. 631, PARKING LOT NO. 10 REHABILITATION, DOWNEY MAIN POST OFFICE, was pulled at the request of Council Member Cartozian. Agenda Item 8, GOLF COURSE FINANCING PROGRAM – APPROVAL OF INVESTMENT BANKER/UNDERWRITER, was pulled at the request of Council Member Winningham. CONSENT CALENDAR It was moved by Council Member Trejo, seconded by Council Member Winningham, and unanimously carried to waive further reading of the Resolutions and approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, AUGUST 13, 2002: Approve. Council Minutes 8/27/02 -5- . 014241 CASH CONTRACT NO. S.S. 529 – PARAMOUNT GATEWAY STREETSCAPE (ACCOUNT NO. 26-16529): a. Resolution No. 6593, a Resolution of the City Council of the City of Downey approving Program Supplement No. MO 17 to City of Downey/State Master Agreement No. 07-5334, for the Paramount Gateway Streetscape Project: Adopted b. Award Cash Contract No. S.S. 529, totaling $571,928.11 to GMC Engineering, Inc. for construction of the Paramount Gateway Streetscape Improvements: Approve. WARRANTS ISSUED: NO. 178649 – 179047; WIRE NOS. 30000388-395; 83,372,982.09: Approve. APPROVE CONTRACT FOR GOLF COURSE STUDY: Approve an agreement with William Sherman for a Golf Course Study and authorize the Mayor to execute the agreement: Approve. APPROPRIATIONS FOR THE MAINTENANCE OF THE TRANSIT CENTER: Appropriate $17,936 of Proposition A Funds for the Maintenance of the Transit Center Building and return to the fund balance $9,000 of Proposition A Funds in corresponding costs in the Downey Transit Budget, as specified in the staff report: Approve. SOUTHEAST LOS ANGELES COUNTY WORKFORCE INVESTMENT BOARD – APPOINTMENT TO PRIVATE SECTOR REPRESENTATIVE FROM DOWNEY: Consider the nomination and select Jolmny Croshaw to serve as one of the Downey Private Sector Representatives to the Southeast Los Angeles County Workforce Investment Board (SELACO WIB): Approve. RESOLUTION NO. 6594 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A CLASS SPECIFICATION AND ESTABLISHING A SALARY RANGE FOR FIRE COMMUNICATIONS CENTER SUPERVISOR RESOLUTION NO. 6595 (ADOPT) A RESOLUTION AUTHORIZING A CORRECTION TO THE AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES, RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF DOWNEY Council Minutes 8/27/02 -6- ' 014243 RESOLUTION NO. 6596 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT AGREEMENT FOR DEVELOPMENT OF A GEOGRAPHIC INFORMATION SYSTEM (GIS) BASED TRAFFIC SAFETY MANAGEMENT SYSTEM ORDINANCES PROPOSED AMENDMENT TO DOWNEY MUNICIPAL CODE REGARDING SKATE PARKS ON PUBLIC PROPERTY Mr. Jarrett explained the construction of the Independence Park skate park project is scheduled for completion by the end of October and, in preparation for the opening, staff drafted an Ordinance that complies with Section 115800 of the California Health and Safety Code, which requires the City adopt an Ordinance requiring certain safety equipment be used in conjunction with the use of the skate park, such as helmets, knee pads and elbow pads. The Ordinance was also required to state the skate park is deemed as a hazardous recreational facility within the meaning of Section 831.7 of the Government Code, which allows the City to effectively manage the facility by restricting its use to roller skates, skateboards and in-line skates; prohibiting any person from using the skate park facility in a reckless manner or with willful disregard for the safety of persons or property; or to cause items to be ridden that are not authorized according to the Ordinance. He noted the Ordinance also allows the Community Services Department to restrict someone nom using the facility if they do not comply with the Ordinance as set forth. He responded to comments from the Council Council Member Cartozian stated it was his understanding there will be times when the skate park is open that City personnel are not on the premises and was informed this is correct. He inquired if the rules can be enforced when no personnel are present and was informed this is provided elsewhere in the Downey Municipal Code and is not necessary to duplicate it in this Ordinance. Mr. Jarrett advised that State Law provides, in order for the City to gain immunity, it must post signs regulating the use of the park with regard to safety equipment, which will be done. He noted some supervision will be provided but it will be available in an unsupervised manner a considerable portion of the time. This method will provide immunity for the City for anyone injured on the site that is 14 years of age or older. Council Member McCarthy noted the rule for bicycle helmets covers the age group of 18 years and younger and inquired why this age is not used for the skate park. Mr. Jarrett noted bicycles will not be permitted at the skate park and the law for safety equipment applies to everyone using the park, whether they are 5 years old or 35 years old. Council Member McCarthy noted wrist guards are an important piece of safety equipment and requested staff look into this suggestion, as he felt wrist guards were more important than elbow or knee pads. Council Minutes 8/27/02 -7- 01424 : 1 Council Member Trejo inquired if more specific language will be used to describe the type of helmet to be used and was advised the State Health Code does not specify what is an acceptable helmet or elbow or knee pad is. The City has attempted to make its Code more restrictive by stating it has to be a piece of safety equipment, approved by the City or State. Council Member Winningham noted the Mayor will be interviewed by a local TV station where he will preview and demonstrate safety equipment for use in the skate park. Lennie Whittington, 8542 Manatee Street, inquired if the facility will be secured to prevent anyone from entering the facility when no one is present and what method will be used if someone refuses to wear the proper equipment. Mayor Perkins advised there will be no fence around the facility but there are certain hours for the use of all City parks. He noted anyone refusing to wear proper safety equipment can be removed from the park and can be cited. He stated the City is looking for cooperation from the skaters to make it a healthy park. Council Member McCarthy inquired if it is possible to have a phone available in case of emergencies and was advised a pro shop will be on the park site and most of the time the skate park is in operation, someone will be at that facility. It was noted staff would contact the phone company to see if an outdoor phone can be provided. Mayor Perkins noted the City’s skate park is built at the front of the park and street visibility is very good, which he stated was a plus for safety. In response to a question from Council Member Cartozian, Mr. Jarrett advised the use of safety equipment is required for everyone utilizing the facility but the immunity applies to anyone 14 years of age or older, which is what is set up by the State Legislature. Mr. Jarrett mentioned that one of the things required by State Law, Senate Bill 904, the new updated version of this law, is an annual reporting to the State of all accidents or injuries incurred at skate parks. He stated it will be a learning curve and staff has been in contact with other cities with skate parks and is actively involved in a consortium of cities operating skate parks and attends liability and skate park management meetings. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING CHAPTER 2 TO ARTICLE X OF THE DOWNEY MUNICIPAL CODE REGARDING SKATE PARKS ON PUBLIC PROPERTY The Ordinance was read by title only. It was moved by Council Member Wirmingham, seconded by Council Member Cartozian, and unanimously carried to waive further reading and introduce. Council Minutes 8/27/02 -8- 014244 ORDINANCE NO. 1130 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, AMENDING CHAPTER 7 OF ARTICLE V OF THE DOWNEY MUNICIPAL CODE AS IT RELATES TO STORM WATER AND URBAN RUNOFF POLLUTION CONTROL AND DECLARING THE URGENCY THEREOF Mr. Alvarez noted the City of Downey and all cities in Los Angeles County are operating under a National Pollution Discharge Elimination System (NPDES) permit for stormwater issued by the Regional Water Quality Control Board. This permit was adopted at the end of last year and requires many regulations, one of which is that the City adopt several ordinances, such as a Standard Urban Storm Water Mitigation Plan (SUSMP) Ordinance, which the City adopted last year. The SUSMP provisions in the new permit were modified with additional requirements. He noted the Ordinance tonight implements the new requirements of the storm water permit, such as modifications of definitions; expands the types of development projects that require implementation of the SUSMP; and lists site specific requirements for the SUSMP ’s. He noted this is an Urgency Ordinance in that it needs to be in place by September 2 to keep the City in compliance with the NPDES permit. He noted a subsequent ordinance will be brought before the Council at the end of September, which is a more comprehensive ordinance required under the NPDES permit and must be implemented by November 2. He responded to comments from the Council. Council Member Trejo inquired how three quarters of an inch of rainfall is monitored and was informed it is a design issue and people are encouraged to use onsite retention. It was noted this has been implemented on various development projects by French drains where the water is retained on each parcel in pits built with rock where the water is directed into them and then permeates into the soil. Council Member McCarthy noted the City and other cities have been fighting the imposition of these regulations, as they are very stringent and very expensive with very little benefit in terms of actual clean water. The Urgency Ordinance was read by title only. It was moved by Council Member Winningham, seconded by Council Member Trejo, and unanimously carried to waive further reading and adopt. RESOLUTIONS: None ADMINISTRATIVE REPORTS: None Council Minutes 8/27/02 -9- 01424 :i OTHER BUSINESS - Consent Calendar - Items removed by Council Approval CASH CONTRACT NO. 631 – PARKING LOT NO. 10 REHABILITATION – DOWNEY MAIN POST OFFICE (ACCOUNT NO. 40-13953) Council Member Cartozian stated he was happy to see this parking lot rehabilitated and inquired as to the time aame for completing the project and was informed about three months. It was moved by Council Member Cartozian, seconded by Council Member Winningham, and unanimously carried to approve plans and specifications and grant authority to advertise for bids on Cash Contract No. 631/Parking Lot No. 10 rehabilitation. Prior to the vote, Council Member Winningham mentioned he welcomed Downey’s new postmaster to this facility last year and looked forward to this project at that time. He suggested staff drop a hint to the post office regarding the landscaping and aesthetics at this site, as he felt they could do a better job. Council Member McCarthy inquired if the parking lot will be done in sections and was advised it will be done to accommodate continued usage of the parking lot. Council Member Trejo mentioned two new post office branches in the City and noted this is the main office and it is not up-to-date and suggested the Council take direction to improve the facility Mayor Perkins suggested this request be made during Council comments. GOLF COURSE FINANCING PROGRAM – APPROVAL OF INVESTMENT BANKER/UNDERWRITER Mr. Powell advised this step involves the financing program related to paying for and fLmding the new golf course clubhouse construction project. He noted the Investment Banker serves as the underwriter for the program and their duties are to obtain the funds for the City, which will be paid back in the form of interest payments. He advised this is scheduled to occur in December of 2002 and other steps will occur during the next several months, such as approval of construction plans and other financing steps. The Los Angeles County-Downey Regional Public Recreation Area Authority (the Golf Course Authority) will also be part of the process of approving financing documents. Council Member Winningham noted this is the same firm that financed the 1997 bonds and inquired about when defeasement of the existing stamps purchased will be completed. Mr. Powell noted the last payment is scheduled for August 2004 and advised staff will return to the Council in September with the numbers related to the financing program and will propose that the new financing program will replace the old debt from the existing 1970 bonds, which were used to purchase the golf course. He advised there were also bonds from 1993 to finance the construction of the landscaping at the golf course and staff will also propose the defeasement or payoff of those old bonds and at the end of the program there will be only one debt to pay off, which will simplify the other documents related to the City leasing the golf course from its owner, which is the Golf Course Authority. Right now we have a lease for the 1970 bonds and a sublease for the 1993 bonds. We will Council Minutes 8/27/02 -10- 014246 eliminate these two and have only one lease. He responded to comments from the Council. Council Member Winningham stated he pulled this item because several candidates for the November 5 Election for Council District 4 are in the audience and this is an item new Council Members will have to deal with. Mayor Perkins pointed out the bonds are paid for by the golfers and not by the City. It was moved by Council Member Winningham, seconded by Council Member Cartozian, and unanimously carried to approve Stone and Youngberg to serve as the Investment Banker for the proposed Golf Course Financing Program and authorize the Mayor to sign the agreement. Mayor Perkins invited the District 4 Council candidates to introduce themselves. The following candidates were present: Leonard Ztmiga, Craig Schwerdt, Anne Marie Bayer and Maria Larkin OTHER BUSINESS - Council Members DISCUSSION OF USED CAR LOTS IN THE CITY Council Member McCarthy requested staff bring a report back to the Council at its next meeting regarding used car lots. He noted the number of used car lots up and down Firestone Boulevard and referred to the prior discussion on the aesthetics of car washes and inquired about the growth in the number of car lots and the design and zoning conditions. He suggested the possibility of establishing a temporary moratorium until staff has a better sense of how the City is laid out and where the best places are for used car lots. He stated it is an aesthetic matter and was not sure the proliferation of these lots contributes to the City’s appearance. Council Member McCarthy referred to the weather beaten condition of American flags along Firestone Boulevard and requested this be addressed prior to the September 11th recognition. He also felt it would improve the appearance of Firestone Boulevard. Mr. Caton noted all flags were replaced at the beginning of summer and advised that staff will change them out. Council Member McCarthy referred to a utility pole on the east side of Patton Road, south side of Firestone Boulevard, by the Hollywood Video business that looks old or temporary and is leaning and suggested it be replaced. Council Member McCarthy referred to Agenda Item 4., a. and b., Cash Contract No. S. S. 529, Paramount Gateway Streetscape, and noted he discussed entry monument signs with staff and wanted to make sure there was a comprehensive plan for the whole city. He noted his preference is to have the Streetscape project go ahead without this portion until it is clear what is wanted Citywide. Mr. Caton stated the City has a number of entry signs but they are not uniform and stated Council Member McCarthy is requesting a standard be set. Council Minutes 8/27/02 -11- 01424 ? Council Member McCarthy welcomed Johnny Crosha IV, who was appointed as Downey’s Private Sector Representative to the Southeast Los Angeles County Workforce Investment Board (SELACO WIB). He noted this board’s job is to train people and help them advance their careers, while providing employees for businesses in the area. He commended Dan Fox who is leaving this position. Council Member Winningham referred to the half million dollars in surplus funds from the Paramount Gateway Streetscape and commended the Public Works Department. He noted this gave enough money to District 3 to expend on an entry statement and median work on the north end of Paramount Boulevard by the 1-5 Freeway and Telegraph Road. He mentioned supporting projects in Council Districts 2 and 3 and hoped his replacement on the Council would spend some money in District 4 and clean up the area on Florence Avenue by the former Sam’s Club. 12- Council Member Winningham noted the Community Services Department will hold a rededication ceremony at Dennis the Menace Park tomorrow where new playground equipment was installed. Council Member Winningham apologized for the flags on Firestone Boulevard. He noted he, the Mayor and the City Manager ordered them put up but did not order them taken down and some are in need of replacement. Council Member Winningham noted the City will recognize Patriots’ Day on September 11 with two ceremonies: One at 8:45 a.m. at the flag pole between the Library and City Hall and one at 7:00 p.m. at the Downey Civic Theatre. Council Member Cartozian commented on new Handicapped Appeals Board Member, Ernie Wisdom, noting Mr. Wisdom is a volunteer at-large and is very active in the search for grants for the City and the Downey Unified School District. He serves on committees and attends Gangs Out of Downey Meetings and performs with the School Attendance Review Board (SARB) Hearing Board with the School District as well. Council Member Cartozian referred to the proliferation of used car lots on Firestone Boulevard and noted the blighted aesthetics should be addressed. He requested staff look into a temporary moratorium and standards for the appearance of these businesses. Council Member Cartozian mentioned attending Planning Commission meetings where street light requirements are imposed on certain businesses and residences. He requested a report as to how these requirements are determined and applied. Council Member CaHozian referred to the prior discussion regarding standards at car wash facilities and agreed these need to be applied unilaterally to all these facilities and requested a report as to how this will be handled. Council Member Trejo thanked Kevin Ellis from Community Services for taking on the task of organizing a basketball tournament for boys ages 10 to 11 and 12 to 13. He noted it was a pilot tournament, was very successful, will be done three times a year and may include football and baseball. Council Minutes 8/27/02 01424 S Council Member Trejo commented on the urgency for a sports complex in Downey, noting the use of Griffith’s Middle School and other schools for sports where it is overcrowded and the excess parking is an infringement on residents in the area. He felt the City should design a sports complex to alleviate this type of usage. Council Member Trejo requested staff and possibly the Downtown Subcommittee look into requesting the remodeling of the main post office facility on Firestone Boulevard and to also review traffic flow in that area. Council Member Trej o supported Council Member McCarthy’s issues on used car lots and noted this is a big concern, especially on Firestone Boulevard. Mayor Perkins welcomed Council Members Trejo and Winningham and City Manager Caton back from vacation. Mayor Perkins referred to the request by Council Member Trejo for a sports complex and felt the City could look at the former Boeing property as a possible location for such a complex. OTHER BUSINESS - Staff Members Mr. Caton noted he attended a retirement ceremony for Greg Mayfield, who is one of the City’s unsung heroes who has kept the City’s water flowing for over 30 years. He requested the meeting be adjourned in honor of Mr. Mayfield. The meeting recessed at 10:05 p.m. and reconvened at 11:19 p.m. with all Council Members present. ADJOURNMENT: 11:20 p.m. The meeting adjourned in honor of Greg Mayfield, retiring Utilities Superintendent, Public Works, Water Division, to 6:30 p.m., September 10, 2002, in the Council Chamber of Downey City Hall. +BIIng=b W/%)X.?xx&i3££D Kathleen L. Midstokke, City Clerk H:\CCLERK\SCONTE\MINUFES\MINS-CC-03-27„02 Council Minutes 8/27/02 -13-