HomeMy WebLinkAboutMinutes - 10-08-02 - Regular Meeting01427S
MINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
OCTOBER 8, 2002
The City Council/Community Development Commission of the City of Downey held an
adjourned regular meeting at 5:35 p.m., October 8, 2002, in the Council Chamber of the Downey City
Hall, Mayor/Chairman Meredith H. Perkins presiding.
PRESENT:Council Members/Commissioners:
Meredith H. Perkins
Rick Trejo
Kirk O. Cartozian
Keith McCarthy
Robert C. Winningham
Mayor/Chairman
Mayor Pro Tem/Vice-Chairman
(arrived at 5:36 p.m.)
ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director
Charles Vose, City Attorney (arrived at 5:36 p.m.)
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
Mark Sauter, Fire Chief
Ron Yoshiki, Asst. Director of Community Dev./City Planner
William Davis, Business Development Manager
Mark Dryer, Police Captain
Sung Hyun, Finance Manager
David Rodriguez, Project Manager (NASA Site)
Vanessa Roj as, Special Projects Coordinator
Mark Sellheim, Principal Planner
Christina Vogel, Assistant to the City Manager
PRESENTATIONS
Chief Finch introduced newly appointed Police Captain Roy Campos, reviewing Captain
Campos’ law enforcement career, which began at age 20 for the Los Angeles Sheriffs Department.
He attended their Police Academy where he finished as number one in the class out of more than 100
recruits and became the Honor Cadet. He was then hired, at age 21, by the Downey Police
Department and has been a Downey Police Officer for 23 years.
Captain Campos introduced his wife, daughter, son, in-laws, brothers, sisters, and other
relatives and close friends. He thanked Chief Finch, present and past City Councils, and City staff
who have supported the Downey Police Department and stated he is honored to serve this department
as a Police Captain.
City Council/Community Dev. Comm. Minutes (adj .) 10/08/02 -1-
0142 ’ 76
The meeting recessed at 5:44 p.m. and reconvened at 5:46 p.m. with all Council
Members/Commissioners present.
STUDY SESSION – PRESENTATION OF AGREEMENTS TO ALLOW THE
TRANSFER AND DEVELOPMENT OF THE FORMER DOWNEY NASA PLANT
Mr. George explained that the purpose of the Study Session is to provide information and all
of the documents that are mentioned tonight will be finalized and presented for consideration and
approval at a future meeting. The presentation tonight is to present the acquisition and positioning of
the property for development.
Mr. George then narrated a Power Point presentation which included a review of the NASA
Site framework and transaction agreements. He explained that a number of interrelated property
transfer and environmental service agreements are necessary to complete the City’s acquisition of
Parcels 1 & 2 (96 acres of the 160 acre site) of the former NASA Plant. Approval of these
agreements will allow the City to acquire and develop the contaminated Federal property and make
necessary arrangements for environmental remediation and insurance.
Over the last year, a number of studies and information have identified contamination on
certain portions of the site which has put the City in a position of presenting the environmental
package of remediation and insurance.
He explained the flow chart attempts to give a snapshot of the entire deal. This is broken up
into four different sets of inter relationships, starting with the United States Government and working
its way through the State, City and eventually International Risk Group (IRG). The Federal
Government transfers title to the State of California as well as transferring clean up responsibility to
the City. The City in turn transfers clean up responsibility to IRG. The State transfers desert lands
through the California Desert Protection Act to the Federal Government. In turn, the City and the
State enter into an Offer to Purchase for the land.
The Transfer Agreement is between the United States and the California State Lands
Commission (CSLC) and will provide for the transfer of Parcels 1 & 2 from U.S. to the CSLC, for
further conveyance to the City. It references the desert lands owned by CSLC that will be conveyed
to the U.S. in exchange for Parcels 1 & 2 under provisions of the Desert Protection Act.
The Quit Claim Deed is the instrument which will transfer title to Parcels 1 & 2 from U.S. to
CSLC and includes provisions called for by the Covenant Deferral Request and Federal law. The
Covenant Deferral Request is required because the property is contaminated and it allows for early
transfer of the property as long as there is plan in place to remediate the contamination. The U.S. will
covenant to take any additional remedial action found to be necessary after the date of the transfer.
The State Offer to Purchase is an agreement between the City and C:SLC setting forth the
terms of the City’s acquisition of Parcels 1 & 2 from CSLC including the purchase price and acreage.
It references the other documents and contains escrow instructions. The purchase price is 820
Million, but at this point because of the condition of the property, the actual purchase price will be the
net of the cost of clean up and insurance. Any costs associated with the IRG package will come out
of the purchase price.
City Council/Community Dev. Comm. Minutes (adj .) 10/08/02
0 1 4 2 ? ?
There are 3 main State agreements: 1) State Note which is executed by the City in favor of
CSLC in the amount of net purchase price; 2) State Deed of Trust which is executed by City with
CSLC as beneficiary for the purpose of securing the City’s payment of the State Note; and 3) State
Patent which will transfer title from CSLC to City. These three ancillary agreements will be part of
the Offer to Purchase.
The environmental agreements include an Environmental Services Agreement between the
City and U.S. which provides for the City to pay for and manage performance of environmental
services by International Risk Assumption Downey (IRAD), pursuant to the Environmental
Responsibility Assumption Agreement.
The Environmental Responsibility Assumption Agreement is between the City and IRAD
which requires IRAD perform remediation actions to clean-up any contamination remaining on the
site and obtain a “no further action“ determination from the Regional Water Board. The Regional
Water Board is the lead agency in terms of governing the environmental condition of the site.
Pursuant to this agreement, IRAD will prepare a remediation action plan for approval by the Regional
Water Board and hire a contractor to do the approved work. This work will be coordinated with the
new development on the site. IRAD is also responsible for maintaining and administering the
environmental insurance policies.
Also under this agreement, the City will pay for the remediation work, IRAD’s management
services and the premiums of the environmental insurance policies. These payments will be deducted
from the purchase price and will be held in escrow for disbursement in accordance with escrow
instructions. The City will coordinate and facilitate communications between IRAD and other site
owners
Mayor Perkins inquired regarding the need to immediately pay the $20 Million for the
property. Mr. George responded that was correct and they are working with IRAD regarding the flow
of funds. In response to further questions, he affirmed that the insurance package is for the entire site,
Parcels 1-6. He further responded that after the Council approves the documents, the State Lands
Commission is prepared to hold a Special Meeting for this item. After that approval, the Governor
will then need to sign the transfer.
Council Member Winningham asked whether all of the documents were finalized and ready
for Council approval. Mr. George responded no, that they were not, but they are very close. It is
anticipated they will be presented to Council for approval the first meeting in November.
Council Member McCarthy inquired whether we know the amount and location of the acreage
being acquired under the Desert Protection Act. Mr. George responded that it will be based upon the
amount of money the State will receive after the deduction for the cost of the remediation and
insurance. Mr. George also stated the expected life of IRAD is eight to ten years.
Council Member Cartozian inquired regarding the terms of the insurance package and
effective date. Mr. George responded that the insurance will be affective immediately.
City Council/Community Dev. Comm. Minutes (adj .) 10/08/02 -3-
O 1 4 2 '7 S
Council Member Trejo questioned the city payments and Mr. George responded that the
closing of sales of the portions of the property that the City is selling to Kaiser and Downey Landing
are being planned to occur concurrently with the purchase of the remaining portions by the City and
the insurance package.
Pat Riddell, International Risk Group noted that other large projects of this company have
included McClelland Air Force Base, Alameda Naval Air Station and Lowry Air Force Base. In
response to questions from City Council, he stated that the term of the insurance policies is proposed
to be 10 years. He explained this project includes remediation of known conditions, remediation of
unknown conditions and other potential risks; with a security structure and insurance to cover the
risks. IRAD is a single purpose LLC which is formed to assume the liabilities and manage the
remediation of this project.
Neal Ziemba, International Risk Group indicated he works on the remediation responsibility
of the project. The main part of the contract will be to take the obligation of what remediation needs
to be done at the site and getting to a “no further action“ determination by the Regional Water Board.
He explained the known onsite conditions include soil and ground water remediation.
There is current soil remediation that NASA is undertaking in the northern portion of the site
that has not been completed. Currently, they have a treatment system above ground, consisting of
piping, which is within the parking area of the planned future Downey Landing development. One of
the tasks will be to relocate that treatment system south of the planned retail development. All piping
will be placed underground so that development work can continue concurrently.
Additionally, the Regional Water Board has requested NASA to do remediation in two other
areas that work has not started yet. IRGD would take on that responsibility of putting in the treatment
wells and the piping that will be hooked into the one central treatment system located outside of the
retail development area. During that installation, work will need to be coordinated closely with
developer in regards to placement of the equipment and piping so that the development can go
forward as expeditiously as possible.
There is another area on the southern portion of the property that Kaiser has found in their
preparation for development that might require soil remediation. The Regional Water Board needs to
be consulted whether work needs to be done there and that would also become part of the project.
The primary problem at the site and the most costly to remediate is the ground water.
Onsite groundwater remediation will include injection of organic carbon source which stimulates the
natural biodegradation processes to remove contaminants on site. This provides faster cleanup than
other methods such as groundwater extraction and treatment and is less intrusive and more
compatible with site development activities. This technology has been used in the past eight to ten
years and provides faster cleanup than more conventional methods. It does not require any above
surface facilities which allows development to go forward during remediation.
He explained that initial data has indicated that contaminated groundwater may have migrated
offsite and this will be investigated. If required by the Regional Water Board, remediation will be
implemented. Conservatively, it is expected that the groundwater will be cleaned in approximately
eight years .
City Council/Community Dev. Comm. Minutes (adj .) 10/08/02 -4-
0142 73
In regards to remediation of unknown site conditions, he indicated additional limited
contamination areas are expected to be encountered during site development activities and IRG will
conduct contingency actions as necessary to facilitate completion of site development. A contingency
plan will be presented to the Regional Water Board that will lay out a procedure ahead of time so as
the developers start building demolition, there will be a plan in place as they come upon a area that
may be contaminated. It is expected that the areas will be small and will primarily be excavated and
dispose of material off site as appropriate.
Council Member Cartozian questioned the time period for mitigation. The soil clean up will
probably be in the three to five year period. The groundwater remediation is expected to be about
eight years. This particular technology has been selected because it is compatible with development
and not very intrusive.
Council Member Trejo requested more information on the organic carbons that will be
injected. Mr. Ziemba responded that typically it is a molasses type material in solution. By putting
the carbon in to existing natural bacteria, it turns it anaerobic, a low oxygen environment which
speeds up the process of clean up.
Council Member McCarthy inquired regarding the size of the wells. Mr. Ziemba responded
that they are basically four inch diameter wells that will be flush mounted and look like a small
manhole covers. It is expected there will be about 35 monitoring wells and about 130 injection wells.
The existing soil vapor extraction system will be relocated to allow development to go forward.
Council Member Winningham inquired regarding the depth of the water contamination. It
was explained that the main bulk of the contamination is approximately forty to seventy feet below
the ground surface and the first aquifer actually goes down to about 130 feet. The water used for
drinking is actually not in the upper aquifer but in lower levels at about 250 feet.
Mr. Riddell explained the proposed security structure for the project. International Risk
Assumption Downey, LLC is the entity that is actually undertaking the liability and responsibility for
the remediation. The known conditions to be remediated and any additional long term operation or
maintenance will be covered by what is known as a Remediation Stop Loss Policy. This is essential
financial warranty. This will provide additional dollars if the estimates are incorrect and will
guarantee the scope of work that is going to be proposed.
There are additional liabilities which could be third party environmental claims and also
unknown conditions that may be encountered as the site is being remediated. Another policy that will
be put in place is a Pollution and Remediation Legal Liability policy. It is designed to cover third-
party claims, defense costs and clean-up costs for unknown conditions. All of these securities are put
in place to protect the interests of the City of Downey and IRAD
There is also an IRAD indemnity to the various entities that are involved at the site which are
the U.S. Government for its past involvement and historical contamination; the City of Downey;
Kaiser Permanente; and Downey Landing. The insurance that is going into place to support the
remediation of the known and unknown conditions is very flexible.
Council Member McCarthy inquired whether the City will be held harmless in the insurance
policies. Mr. Riddell responded yes, that can be endorsed on to the policy.
City Council/Community Dev. Comm. Minutes (adj .) 10/08/02 -5-
01428t\
Council Member Winningham questioned whether future buyers of the property will be
covered by the insurance. Mr. Riddell responded that it could be arranged and it is virtually
automatrc.
Mayor Perkins asked if anyone in the audience had any questions and no one came forward.
APPROVAL OF CLOSED SESSION MINUTES – SEPTEMBER 24, 2002
It was moved by Council Member/Commissioner Cartozian, seconded by Council Member/-
Commissioner Winningham, and unanimously carried to approve the Closed Session Minutes of
September 24, 2002.
CLOSED SESSION
Mayor/Chairman Perkins announced the Council/Commission is recessing to Closed Session
(6:47 p.m.) to discuss matters under the authority of the following Sections 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.
B. SECTION 54956.8 – Conference with real property negotiators Gerald Caton and Darrell
George re property: Parcels 1 and 2 of the Downey NASA site generally bounded by
Stewart and Gray Road, Imperial Highway and Lakewood Boulevard; negotiating parties:
GSA/NASA/State Lands Commission; under negotiation: price and terms of payment.
The meeting reconvened in open session at 7:38 p.m. with all Council Members/-
Commissioners present. There were no Closed Session actions to report.
The meeting recessed at 1 :39 p.m.
ORAL COMMUNICATIONS
The meeting reconvened for Oral Communications at 8:26 p.m. with all Council Members/-
Commissioners present (see Oral Communications under the Regular City Council Meeting) and
recessed at 8:59 p.m.
The meeting reconvened at 9:25 p.m. with all Council Members/Commissioners present.
ADJOURNMENT: 9:26 p.m.
q%a&Ag#
Kathleen L. Midstokke, City Clerk/Secretary ’Chairman
h:\cclcrk\sconte\MINS-ADJ- 10-08-02
City Council/Community Dev. Comm. Minutes (adj .) 10/08/02 -6-
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
OCTOBER 8, 2002
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Proclamation re Fire Prevention Week, 10/6-10/12/02
Proclamation re End Domestic Violence Month
Mayor’s Soaring Eagle Award for Education for November
to Jason Mikaelian, Assoc. Planner, Planning Div.2
Mayor’s Soaring Eagle Award for Education for October
to Mark Sellheim, Principal Planner, Planning Div.2
Interim Urgency Ord. #1133, to extend for a period of
10 months and 15 days, a moratorium on used car sales
retail display lots and used car sales offices within the City
without obtaining a conditional use permit Adopted 3
3
4
Removal of Items from Consent Calendar
Council Minutes: Adj. & Reg. Mtgs. 9/24/02 Approved
Warrants Issued: #179890- 180311; Wire Nos. 181,
30000424-425, 30000427-437; $2,260,506.60 Approved 4
Holiday Lane Parade Permit (Dec. 8, 2002): Approve
application submitted by the Downey Chamber of
Commerce, approve use of the City Hall atrium and
approve $9,172.82 in expenditures by the City Approved 4
Budget adjustment for Community Services: Approve
a re-allocation of $6,000 in existing funds for the
purchase of computer software for program registration
and facility bookings Approved 4
Public hearing to consider application for taxicab
service in the City (Applicant: Mid City Taxi)
Set hI:g. 7:30 p.m.
10/22/02 4
Reappointment ofBettie Skelton to the Metropolitan
Cooperative Library System Advisory Board Approved 4
PAGE 1 OF 5
COUNCIL MINUTES, OCTOBER 8, 2002
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Res. #6605, providing for the implementation of the
Citizen’s Option for Pubic Safety Program, establishing
the City’s Supplemental Law Enforcement Service Fund
(SLESF) & making the allocation ofAmds within the SLESF Adopted 4
Res. #6606, adopting the Memorandum of Understanding
between the City and the Downey Police Officers’ Assoc.Adopted 4
Res. #6607, adopting a negative declaration of environmental
impact for the Lakewood Bl. Traffic Signal Synchronization
Program Adopted 5
Res. #6608, amending the City’s Conflict of Interest Code
which incorporates by reference the Fair Political
Practices Commission’s standard model Conflict of
Interest Code Adopted 5
Ord. #1134, amending Section 3 186 of the Downey
Municipal Code relating to speed limits for Gardendale St.
and Foster Rd.Adopted 5
Ord. amending Downey Municipal Code Article VI,
Chapter 4, Part 2A, Sections 6533, 6533.2, and 6533.5
re the permit process for taxicab businesses Introduced 6
Nomination ofJohnie’s Broiler to the California Register
of Historical Resources
Cont. to date
unspecified 6
Cash Contract #S.S. 529 – Paramount Gateway Streetscape:
Auth. the issuance of a change order in the amount of
$398.800 for construction of raised landscaped medians
on Paramount Bl. between Gallatin Rd. & Lubec St.Approved 7
Speakers re the Police pursuit that resulted in the death of
Gonzalo Martinez and related issues 7
Sharon Swain invited the Council to the first Falun Dafa
Month event in California 10/16 & submitted info. re the
group 7
PAGE 2 OF 5
COUNCIL MINUTES, OCTOBER 8, 2002
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Tammy Twyman spoke re the roadway medians placed
between Gardendale St. just past Imperial Hwy. & requested
the left turn lane be reinstated and the median shortened 7
Pamela Twyman submitted a note from the owner of the
Athens Apartments protesting the new medians in place
on Paramount Bl. between Gardendale St. & Imperial Hwy.
Mike Prokop advised the Council of a Candidates Forum
tomorrow morning at the Rio Hondo Country Club hosted
by the Citizens for Downey Committee; and thanked the
Council for their kind consideration of the Downey
Chamber of Commerce Holiday Lane Parade
Harold Tseklenis thanked the Council on behalf of the
St. George Greek Orthodox Parish for the congratulatory
Resolution re the door opening celebration for the new
church on 10/7
Lennie Whittington suggested both Mayors ride in the
Holiday Lane Parade; thanked the City Clerk for
requesting new equipment to reformat Council Meeting
tapes for the public; and thanked the City Manager for
approving the purchase 8
Request for position upgrade: Modify the City authorized
staffing level by deleting one Police Sergeant position and
adding one Police Lieutenant position Approved 8
Propositions 50 and 51 – for General Election 11/5/02:
Resolutions for consideration of opposing the Propositions
to be brought back at the next Council Meeting
Cont. to
10/22/02 9
Mayor Perkins acknowledged candidates for City Council
in the audience & noted a Candidates Forum last night at
the Barbara Riley Community/Sr. Center at Apollo Park
sponsored by the Downey Parent Teacher Assoc. (PTA)9
PAGE 3 OF 5
COUNCIL MINUTES, OCTOBER 8, 2002
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Cn. McCarthy mentioned attending the opening of The
Sound of Music at the Downey Civic Theatre & noted
the Royal Scots Dragoon Guards will perform at the
Theatre on 10/27 10
10
Cn. Wirmingham congratulated Captain Roy Campos on
his promotion and Captain Rick Nathan on his retirement
Cn. Winningham congratulated Harold Tseklenis on
the new St. George Greek Orthodox Church &
congratulated the parish families who raised the $5 million
to build the new church 10
Cn. Winningham mentioned attending the Candidates
Forum last night at the Barbara Riley Community/Sr.
Center and commended the candidates 10
10
Cn. Winningham announced a surprise birthday party
to be held for Ed DiLoreto tomorrow
Cn. Trejo thanked the Downey Sister Cities Association
& Christina Vogel for the ttlp to visit Downey’s Sister
City, Guadalajara, Mexico 10
10
Cn. Trejo re a productive meeting with the shopping
cart retrieval company & noted seeing improvements
Cn. Trejo advised he has noticed children using the new
skateboard park at Independence Park, which is still
under construction, & requested staffs review 10
Cn. Cartozian noted he attended the Candidates Forum
last night at the Barbara Riley Community/Sr. Center &
reminded everyone to attend the next Forum tomorrow
at the Rio Hondo Country Club sponsored by Citizens
for Downey 10
Cn. Cartozian thanked Christina Vogel for making the
arrangements for the Sister City trip to Guadalajara,
Mexico 10
PAGE 4 OF 5
COUNCIL MINUTES, OCTOBER 8, 2002
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Mayor Perkins thanked Harold Tseklenis for his kind
comments re the opening ceremony of the St. George
Greek Orthodox Church 10
Mayor Perkins announced he has 3 Council Meetings left
to serve the City as Mayor & commented on the issue
of riding in the Holiday Lane Parade 10
Mr. Caton mentioned an important Consent Calendar
item, the new three-year contract with the Downey
Police Officers’ Association 11
11
Mr. Caton congratulated Captain Roy Campos on his
promotion & Captain Rick Nathan on his retirement
Mr. Caton announced he has completed his 13th year
as City Manager and thanked former Mayor/Council
Member Diane Boggs in the audience, who was on
the Council that appointed him 11
11
11
Adjourned in memory ofSaicha Long, Director of
the Downey Museum of Art & supporter of cultural events
Meeting adjourned to 6:30 p.m., October 22, 2002
H:\cclerk\sconte\tabl- 10-08-02
PAGE 5 OF 5
. 014281 MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
OCTOBER 8, 2002
The City Council of the City of Downey held a regular meeting at 7:45 p.m., October 8, 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
Mark Dryer, Police Captain
Sung Hyun, Finance Manager
Vicki Jenkins, City Librarian
Bonnie Kehoe, Manager, Recreation Division
Jason Mikaelian, Associate Planner
Mark Sellheim, Principal Planner
Christina Vogel, Assistant to the City Manager
Shirley Conte, Executive Secretary
PRESENTATIONS
Mayor Pro Tem Trejo presented to Chief Sauter a Proclamation declaring the week of
October 6 through 12, 2002, Fire Prevention Week.
Chief Sauter urged everyone to check their homes for fire safety, such as changing the
batteries in their smoke detectors when they change their clock during the Fall time change.
Mayor Pro Tem Trejo presented to Carol Rowland, member of the Downey Soroptimist
International Club, Camino Real Region, a Proclamation declaring October 2002 as End Domestic
Violence Month.
Council Member Winningham recognized Jan Scott of the Soroptimist Club and wished her a
Happy Birthday. Mayor Perkins asked everyone to join in singing Happy Birthday to Ms. Scott.
Council Minutes 10/08/02 -1-
01428
Ms. Rowland thanked the Council and Mayor for supporting the important and private issue
of domestic violence.
Mayor Perkins presented the Mayor’s Soaring Eagle Award for Education for November
to Jason Mikaelian, Associate Planner in the City’s Planning Division. He noted Mr. Mikaelian
began his career with the City in April 1994 as a volunteer. He was hired on a contract basis in
January, 1995 and became an official employee in July of 1996. He transferred to the Planning
Division in 1999 and recently received his AICP designation from the American Institute of Certified
Planners, which is the top award a Planner can receive.pUnK+
Mr. Mikaelian thanked the Mayor for the Soaring Eagle Award and thanked City Planner, Ron
Yoshiki, for his support in this endeavor. He also thanked his family for their support and introduced
family members present.
Mayor Perkins also presented the Mayor’s Soaring Eagle Award for Education for
October to Mark Sellheim, Principal Planner in the City’s Planning Division. He noted
Mr. Sellheim began working for the City in 1984 and was very helpful to him when he attended
Planning Commission Meetings at City Hall in 1985 regarding the Rancho Business Park Project.
advised that Mr. Sellheim also received the AICP designation from the American Institute of
Certified Planners, pointing out only 57 percent of the applicants nationwide passed the eXam.
He
Mr. Sellheim thanked the Mayor for the honor and Mr. Yoshiki for encouraging him to take
the AICP test.
Mayor Perkins recognized former Mayor/Council Member Diane Boggs in the audience.
HEARINGS
Mayor Perkins opened the public hearing on REQUEST TO EXTEND A MORATORIUM
RELATING TO USED CAR LOTS AND USED CAR SALES OFFICES IN THE CITY OF
DOWNEY FOR A PERIOD OF 10 MONTHS AND 15 DAYS.
Ms. Midstokke affirmed receipt of the Proof of Publication. It was moved by Council
Member Winningham, seconded by Council Member McCarthy, and unanimously carried to receive
and file.
There was no correspondence received regarding this matter.
Mr. Yoshiki advised the Council adopted Urgency Ordinance No. 1132 on September 10,
2002, creating a 45-day moratorium on the subject land use. He noted staff has been collecting
information on this matter since then and has realized the 45-day period is not sufficient to prepare
the necessary information to develop standards for this land use. He noted staff has brought back a
separate consideration of extending the Urgency Ordinance for another 10 months and 15 days, which
is in line with Government Code Section 65858(b), which states the consideration of extending a
moratorium on a particular land use does require a public hearing. Staff recommends adopting the
Ordinance to extend the moratorium on used car sales lots and used car offices. He noted there are
provisions in the Ordinance to allow applications for conditional use permits during the moratorium.
Council Minutes 10/08/02 -2-
01428 :3
Mr. Vose noted the Ordinance is an Urgency Ordinance, which requires a four-fifths vote of
the City Council to be adopted.
Mayor Perkins asked if anyone present wished to speak regarding the request to extend the
moratoIIum.
There being no one to speak, it was moved by Council Member Cartozian, seconded by
Council Member McCarthy, and unanimously carried to close the public hearing.
ORDINANCE NO. 1133
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DOWNEY, CALIFORNIA, TO EXTEND, FOR A PERIOD OF TEN (10)
MONTHS, AND FIFTEEN (15) DAYS, A MORATORIUM ON THE
ACCEPTANCE, PROCESSING OR THE APPROVAL OF DEVELOPMENT,
BUILDING OR USE PERMITS, LICENSES, AND TAX CERTIFICATES FOR
USED CAR SALES RETAIL DISPLAY LOTS AND USED CAR SALES
OFFICES WITHIN THE CITY OF DOWNEY WITHOUT OBTAINING A
CONDITIONAL USE PERMIT
The Ordinance was read by title only. It was moved by Council Member
Wirmingham, seconded by Council Member McCarthy, and unanimously carried to waive
further reading and adopt.
Prior to the vote, Council Member McCarthy stated he felt this measure is the
prudent and common sense way to improve the overall appearance of the commercial and
retail sales areas in Downey.
Council Member Cartozian thanked staff for moving forward on this. He noted the
proliferation of used car lots in proportion to new car lots has become a concern.
CONSENT CALENDAR - ITEMS FOR REMOVAL
Agenda Item 4., THE ISSUANCE OF A CHANGE ORDER IN THE AMOUNT OF
$398,800 FOR CONSTRUCTION OF RAISED LANDSCAPED MEDIANS ON
PARAMOUNT BOULEVARD BETWEEN GALLATIN ROAD AND LUBEC STREET, was
removed at the request of Council Member Winningham.
Mr. Caton advised staff would like to remove Item 7. from the Agenda, RENEWAL OF
AGREEMENT WITH STEPHEN G. LA BARGE FOR GOLF PROFESSIONAL-MANAGER
SERVICE AT RIO HONDO GOLF CLUB, and bring it back at a later date.
Agenda Item 10., REQUEST FOR POSITION UPGRADE, was removed at the request of
Mayor Perkins.
Council Minutes 10/08/02 -3-
01428 't
CONSENT CALENDAR
It was moved by Council Member McCarthy, seconded by Council Member Trejo, 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, SEPTEMBER
24, 2002: Approve.
WARRANTS ISSUED: NO. 179890 – 180311; WIRE NUMBERS 181, 30000424-425,
30000427-437; $2,260,506.60: Approve.
HOLIDAY LANE PARADE PERMIT (December 8, 2002): Approve the application
submitted by the Downey Chamber of Commerce, approve the Chamber’s use of the City Hall
atrium and approve $9,172.82 in expenditures to be incurred by the City: Approve.
BUDGET ADJUSTMENT FOR COMMUNITY SERVICES: Approve a re-allocation of
$6,000 in existing budgetary funds for Community Services to fund the purchase of computer
software for program registration and facility bookings: Approve.
PUBLIC HEARING TO CONSIDER APPLICATION FOR TAXICAB SERVICE IN
THE CITY OF DOWNEY (Applicant: Mid-City Taxi): Set the public hearing for 7:30
p.m., October 22, 2002, in the Council Chamber of Downey City Hall: Approve.
REAPPOINTMENT OF BETTIE SKELTON TO THE METROPOLITAN
COOPERATIVE LIBRARY SYSTEM ADVISORY BOARD: Approve.
RESOLUTION NO. 6605 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
PROVIDING FOR THE IMPLEMENTATION OF THE CITIZEN’S
OPTION FOR PUBLIC SAFETY (COPS) PROGRAM, ESTABLISHING
THE CITY’S SUPPLEMENTAL LAW ENFORCEMENT SERVICE FUND
(SLESF), AND MAKING THE ALLOCATION OF FUNDS WITHIN THE
CITY’S SLESF
RESOLUTION NO. 6606 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY AND THE DOWNEY POLICE OFFICERS’
ASSOCIATION
Council Minutes 10/08/02 -4-
01428 :)
RESOLUTION NO. 6607 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT FOR THE LAKEWOOD BOULEVARD TRAFFIC SIGNAL
SYNCHRONIZATION PROGRAM
RESOLUTION NO. 6608 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE CITY'S CONFLICT OF INTEREST CODE WHICH
INCORPORATES BY REFERENCE THE FAIR POLITICAL
PRACTICES COMMISSION’S STANDARD MODEL CONFLICT OF
INTEREST CODE
ORDINANCE NO. 1134 (ADOPT)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE
RELATING TO SPEED LIMITS FOR GARDENDALE STREET AND
FOSTER ROAD
ORDINANCES
ORDINANCE TO AMEND DOWNEY MUNICIPAL CODE (DMC) SECTION 6533 –
OWNER’S PERMIT APPLICATION FOR TAXICABS
Ms. Vogel explained staff has spent a few months reviewing this Code Section with the
assistance of the Police Department, Finance Division, and City Attorney’s office. The purpose was
to see if the process in place is thorough and whether it could be made more efficient by removing the
portion that brings the application before the City Council. She noted staff is proposing this portion
be eliminated to give the Police Department the authority to issue or deny a permit. She referred to
DMC Section 6404, which provides the applicant with an appeal process to the City Council. She
noted the language and provisions that strengthen the current process, such as Section 6533 (b),
adding the license plate and VIN number. She also noted that language was added in Section 6533(f)
referring to the specific documents to be submitted for financial review.
Council Member McCarthy noted recent bank statements are also one of the commonly
reviewed financial documents and suggested this be added in Section 6533(f).
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING DOWNEY MUNICIPAL CODE ARTICLE VI, BUSINESS TRADES
AND PROFESSIONS, CHAPTER 4, PERMIT PROCEDURE, PART 2A, HIRE
VEHICLES, SECTION 6533, OWNER’S PERMIT APPLICATION, SECTION
6533.2, INVESTIGATION AND HEARING BY COUNCIL, & SECTION 6533.5,
SAME, DENIAL AND REVOCATION, SUSPENSION OR CANCELLATION
Council Minutes 10/08/02 -5-
014286
The Ordinance was read by title only. It was moved by Council Member Cartozian,
seconded by Council Member Trejo, and unanimously carried to waive further reading and
introduce, with the addition to Item (f), with the approval of the Finance Director, to
include the examination of recent bank statements.
Prior to the vote, Council Member McCarthy suggested his request to add recent bank
statements be subject to the approval of the Finance Director.
RESOLUTIONS: None
ADMINISTRATIVE REPORTS
NOMINATION OF JOHNIE’S BROILER TO THE CALIFORNIA REGISTER
OF HISTORICAL RESOURCES
Ms. Midstokke advised correspondence was received October 4 from the Friends of
Johnie’s Broiler Committee requesting a postponement of this item until further notice. It
notes the Committee is currently in discussions with the current tenants ofJohnie’s Broiler
and is signed by Diane Wa(lum. She noted copies were distributed to the Council.
It was moved by Council Member Wirmingham, seconded by Council Member
Canozian, and unanimously carried to continue this item to an unspecified date.
ChHstos John Smyrniotis, Owner ofJohnie’s Broiler, stated he has worked for 40
years at Johnie’s Broiler, paid off the property, and decided to retire. He questioned why this
Committee is trying to dictate what he does with his property. He referred to a letter he
received from the State indicating the California Register’s regulations state that privately
owned properties cannot be listed over an owner’s objection. He noted he forwarded a copy
of this letter to the City Council.
OTHER BUSINESS - Consent Calendar - Items removed by Council Approval
CASH CONTRACT NO. S.S. 529 – PARAMOUNT GATEWAY STREETSCAPE
(ACCOUNT NO. 26-16529)
Council Member Winningham explained this project utilizes $400,000 of excess funds from
the Paramount Boulevard Beautification project that took place at the south end of the City toward
Imperial Highway. The excess funds were reallocated toward the northern section of Paramount
Boulevard, between Gallatin Road and Lubec Street to include raised roadway medians with
landscaping. He commended staff and noted this area supports many garage sales, with people
parking along the curb and then making sweeping U-turns through the double/double yellow lines in
either direction. He felt the installation of raised medians will end this safety issue.
Council Member Trejo inquired if there are plans to continue the medians and landscaping
north of Gallatin Road on Paramount Boulevard in the future and was informed there may be
additional funds remaining to complete this section but it will have to wait until the present project
has been completed.
Council Minutes 10/08/02 -6-
01423 i
It was moved by Council Member Winningham, seconded by Council Member Cartozian, and
unanimously carried to authorize the issuance of a change order in the amount of $398,800 for
construction of raised landscaped medians on Paramount Boulevard between Gallatin Road
and Lubec Street.
Council Member McCarthy stated he felt the addition ofmedians is a great aesthetic and
safety benefit for the community and felt the benefits outweigh any negative impacts.
Mayor Perkins noted there are only two streets that go north and south all the way through the
City, Lakewood Boulevard and Paramount Boulevard, and felt one day there will be a median from
Gardendale Street to the 1-5 Freeway, which he stated would enhance the City.
ORAL COMMUNICATIONS
The following people spoke regarding the Police pursuit that resulted in the death of
Gonzalo Martinez and related issues:
Augustin Cevada, Altacalifa, Atzlan
Diane Boggs
Cheno Romero, 6669 Loveland, Bell Gardens
Michael Lakey, 11706 Coldbrook Avenue
Diana Quinteros, 11644 Brookshire Avenue
Sharon Swain (sp. ?), Norwalk, noted she has worked in Downey since 1990 and invited the
Council to the first Falun Dafa Month celebration in California next Wednesday, October 16. She
noted Falun Dafa is practiced in over 40 countries. It encourages peacefblness and the three universal
principles of tolerance, compassion and forbearance. She submitted materials to the Council.
Tammy Twyman, 1.2517-1/2 Paramount Boulevard, spoke about the new medians placed
between Gardendale Street just past Imperial Highway, which have limited access to her home
and the Athens Apartments. She requested the left turn lane be reinstated, the median shortened and a
U-turn at Imperial Highway.
Pamela Twyman, 12517-1/2 Paramount Boulevard, submitted a note from the owner of the
Athens Apartments at 12527 Paramount Boulevard, protesting the new medians on Paramount
Boulevard between Gardendale Street and Imperial Highway.
Mayor Perkins advised he would call the owner of the Athens Apartments.
Mike Prokop, 10444 Julius Avenue, advised the Council of a Candidates Forum hosted by
the Citizens for Downey tomorrow morning at 7:00 a.m. at the Rio Hondo Country Club. He also
mentioned he is Chairman of the Downey Chamber of Commerce Holiday Lane Parade and
thanked the Council for their kind consideration for this year’s parade.
Council IVlinutes 10/08/02 -7-
01423'{
Council Member Winningham noted the Council changed its Mayor transition time from June
to December three years ago, which has not caused a problem to date, but pointed out the date of the
Holiday Lane Parade this year will eliminate the current Mayor from riding in it. He advised by law
the City has to verify the November 5 election within 30 days and the Mayoral Transition will take
place before the Christmas Parade. He requested the Chamber consider this situation.
Mr. Prokop noted this fact was not considered, stating the first Sunday of the month of
December is the 1 st, which brings the parade close to the Thanksgiving Holiday and therefore it was
moved back one week. He felt something can be done to accommodate the present Mayor.
Mayor Perkins stated he appreciated the consideration of the Chamber of Commerce but felt
the new Mayor should ride in the parade.
Harold Tseklenis, 7828 Eighth Street, thanked the Council on behalf of the St. George Greek
Orthodox Parish for the congratulatory Resolution on the occasion of the door opening celebration
for the new church on October 7. He noted the parishioners were honored with the Mayor’s presence
at this historic day. He also thanked City Administration, Planning, Engineering, Building and
Safety, and Fire Prevention, for their guidance and assistance throughout the building process.
Lennie Whittington, 8542 Manatee Street, suggested that both Mayors and their families ride
in the Christmas Parade. He also thanked the City Clerk for requesting new equipment to
reformat Council Meeting tapes for the public and thanked the City Manager for approving this
unscheduled purchase.
REQUEST FOR POSITION UPGRADE – DELETING ONE POLICE SERGEANT
POSITION AND ADDING ONE POLICE LIEUTENANT POSITION.
Mayor Perkins inquired as to how many openings the Police Department has for sworn
officers and was informed there are five. He inquired what division the Sergeant position is in.
Chief Finch advised it is in the Detective Bureau where there are currently four Sergeants. He
stated he could better manage the Police Department with one more Lieutenant and one less Sergeant
and noted the person appointed will be given additional responsibilities that should be handled by a
manager. He indicated the proposed change will not take any officers off the street.
It was moved by Mayor Perkins, seconded by Council Member McCarthy, and unanimously
carried to modify the City authorized staffing level by deleting one Police Sergeant position and
adding one Police Lieutenant position.
OTHER BUSINESS - Council Members
CONSIDERATION OF TAKING POSITIONS ON PROPOSITIONS 50 AND 51 –
GENERAL ELECTION NOVEMBER 5, 2002
Council Member McCarthy submitted information related to State Propositions 50 and 51.
He pointed out the information lists organizations opposing Proposition 5 1 and advised that the City
Manager enclosed the titles and summaries of the two ballot initiatives. He referred to and read from
an article in the Oakland Tribune newspaper dated July 2002 that stated California was the State with
Council Minutes 10/08/02 -8-
01428 '. i
the nation’s largest bond debt and that it will have three bond issues on the ballot in November worth
$ 19 billion. He suggested bond issues be carefully reviewed, as they place a burden on our children
and grandchildren with debt previously created. He explained Proposition 51 is a budget mandate
mandating a certain portion of State funds to motor vehicles and transportation projects, a number of
which he felt were highly questionable. He recommended the Council state its opposition to
Proposition 51.
It was moved by Council Member McCarthy and seconded by Council Member Winningham
to take a position of opposition to Proposition 51. (The motion and second were later withdrawn.)
Council Members (_’artozian and Trej o requested additional time to review the Propositions
and requested they be continued.
Council Member McCarthy advised the election is less than 30 days away and felt the longer
the City delays, the less impact its opinion will have. He noted issues of transportation and water
clearly affect the City.
Mr. Vose stated the motion is in essence directing staff to bring back a Resolution at the next
meeting, noting there is no Resolution before the Council tonight, to which Council Member
McCarthy agreed.
Council Member McCarthy withdrew his prior motion and Council Member Winningham
withdrew his Second to that motion.
It was moved by Council Member McCarthy, seconded by Council Member Winningham, and
unanimously carried to bring back a Resolution for consideration at the next Council Meeting
opposing Proposition 51.
Council Member McCarthy also requested a Resolution be brought back at the next Council
Meeting in opposition to Proposition 50, which has to do in title with water quality. He stated the
Proposition has nothing to do with new water projects or long range water supply but has to do more
with water studies and he felt it was unwise to spend funds on the projects it lists.
It was moved by Council Member McCarthy, seconded by Council Member Winningham, and
unanimously carried to bring back a Resolution for consideration at the next Council Meeting in
opposition to Proposition 50.
Council Member Winningham requested an opinion from Public Works Director Alvarez.
Mr. Alvarez stated there is not very much money for water projects in Proposition 50 but there
is a lot of money for land acquisition.
Mayor Perkins acknowledged candidates for City Council in the audience: Anne Marie
Bayer, Maria Larkin and Craig Schwerdt. He noted the candidates participated in a Candidates
Forum at the Barbara Riley Community/Senior Center at Apollo Park last night, which was sponsored
by the Downey Parent Teacher Association (PTA).
Council Minutes 10/08/02 -9-
0 1 4 2 :i iI
Council Member McCarthy mentioned attending the opening of The Sound of Music at the
Downey Civic Theatre. He also announced there will be a performance of the Royal Scots Dragoon
Guards on Sunday, October 27, at the Downey Civic Theatre.
Council Member Winningham congratulated Captain Roy Campos on his promotion and
Captain Rick Nathan on his retirement.
Council Member Winningham congratulated Harold Tseklenis on the beautiful new St.
George Greek Orthodox Church, which he stated is an asset to Downtown Downey. He also
congratulated the 150 parish families who raised the $5 million for this project.
in\
Council Member Winningham mentioned attending the Candidates Forum last night at the
Barbara Riley Community/Senior Center and commended the candidates on an excellent job.
Council Member Winningham announced a surprise birthday party to be held for Ed
DiLoreto tomorrow afternoon.
Council Member Trejo thanked the Downey Sister Cities Association and Christina Vogel
for setting up the trip to visit Downey’s Sister City in Guadalajara, Mexico, last week. He also
thanked Council Member Cartozian for guiding him around while there.
Council Member Trejo mentioned he had a productive meeting with the shopping cart
retrieval company and has seen improvements around the City regarding this issue.
Council Member Trejo advised he has noticed children already using the skateboard park at
Independence Park although it is not completed yet and requested staff review this situation.
Council Member Cartozian noted he attended the Candidates Forum last night at the Barbara
Riley Community/Senior Center and reminded everyone to also attend the Candidates Fordm
sponsored by the Citizens for Downey tomorrow morning at the Rio Hondo Country Club.
Council Member Cartozian also thanked Christina Vogel for working on the
arrangements for the Sister City trip to Guadalajara, Mexico, where the City delegation was very
well received. He advised it is an honored tradition where Downey is held in high regard as the first
Sister City for Guadalajara and the first Sister City for all of Mexico and thanked Gadalaj ara Mayor
Fernando Garza Martinez for his hospitality.
Mayor Perkins thanked Harold Tseklenis for his kind comments regarding the opening
ceremony of the St. George Greek Orthodox Church.
Mayor Perkins announced he has three meetings left to serve the City as Mayor. He noted he
is not bothered by not being able to ride in the Holiday Lane Parade on December 8 as Mayor and felt
the current Mayor at that time should be recognized.
Council Minutes 10/08/02 -10-
014231
OTHER BUSINESS - Staff Members
Mr. Caton stated there was an important item on the Consent Calendar tonight regarding the
approval of a new three-year contract with the Downey Police Officers’ Association and thanked
Lee Powell for his negotiation efforts.
Mr. Caton congratulated Captain Roy Campos on his promotion, commenting that Captain
Campos has always been very helpfbl to him whenever asked. He noted Captain Campos is replacing
Captain Rick Nathan who has done a tremendous job for the City and is retiring.
Mr. Caton announced he has completed his 13th year with the City on October 1 and will have
set the tenure record for a Downey City Manager in 60 days. He thanked former Mayor/Council
Member Diane Boggs in the audience for his initial appointment, noting she was on the City Council
that appointed him 13 years ago.
Mr. Caton commended City Librarian Vicki Jenkins for securing donated funds for the
building of a Computer Commons at the Library. He noted Ms. Jenkins is an outstanding City
employee and will be retiring in December.
ADJOURNMENT: 9:26 p.m.
The meeting adjourned in memory of Saicha Long, Director of the Downey Museum of
Art and supporter of cultural events, to 6:30 p.m., October 22, 2002, in the Council Chamber of
Downey City Hall.
l@hoW%cMa
Kathleen L. l'didstokl,e, City Clerk Meredith H. Perkins, Mayor
H:\CCLERK\SCONTE\ \IINUFESVt i INS-CC- 1 0-08-02
Council Minutes 10/08/02 -11-