HomeMy WebLinkAboutMinutes - 01-13-04 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
JANUARY 13, 2004
014651
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:43 p.m., January 13, 2004, in the Council Chamber of the Downey
City Hall, Mayor/Chairman Kirk Cartozian presiding.
PRESENT:Council Members/Commissioners:
Kirk O. Cartozian
Keith McCarthy
Anne M. Bayer
Meredith H. Perkins
Rick Trejo
Mayor/Chairman
Mayor Pro Tempore/Vice-Chairman
(arrived 6:53 p.m.)
(arrived 6:45 p.m.)
ALSO PRESENT: Gerald M. Caton, City Manager/Executive Director
Charles Vose, City Attorney
Kathleen L. Midstokke, City Clerk/Secretary
Lee Powell, Assistant City Manager
APPROVAL OF CLOSED SESSION MINUTES
It was moved by Council Member/Commissioner Bayer, seconded by Mayor Pro Tempore/
Vice-Chairman Mc(_’arthy and unanimously carried (3/0) to approve the Closed Session Minutes of
December 9, 2003.
RECESS TO CLOSED SESSION
Mayor/Chairman Cartozian announced the Council/Commission is recessing to Closed
Session (6:44 p.m.) to discuss matters under the authority of the following sections of the
Government Code:
2.SE(_'TION 54957.6 – Conference with labor negotiator Lee Powell re: direction for
labor negotiations with the Downey City Employees’ Association – Maintenance and
Miscellaneous groups and the Downey Public Safety Auxiliary Association.
The meeting reconvened in open session at 7:32 p.m. with all Council Members/-
Commissioners present. There were no Closed Session actions to report.
The meeting recessed at 7:32 p.m.
City Council/Community Dev. Comm. Minutes (adj .) 01/13/04 -1-
01465:
ORAL COMMUNICATIONS
The meeting reconvened for Oral Communications at 9:29 p.m. with all Council
Members/Commissioners present (see Oral Communications in the Regular City Council Meeting
Minutes) and recessed at 9:33 p.m.
The meeting reconvened at 10:41 p.m. with all Council Members/Commissioner present.
ADJOURNMENT: 10:42 D.m
mIIDST8KKE, City Clerk/Secretary C ma \I m
City Council/Community Dev. Comm. Minutes (adj .) 01/13/04
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JANUARY 13, 2004
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Introduction of newly promoted Police Sergeant Gil Toledo
Council Member Announcements
Public Hearing Used Car Sales, Display Lots & Offices Cont. to 01/27 2
5
6
6
7
7
7
7
Oral Communications
Public Hearing CDBG 2003-04 Action Plan re: NASA Park
Items removed from Consent Calendar
Council Minutes: Adj . Mtg. 12/02/03 Approved
Council Minutes: Adj. & Reg. Mtgs. 12/09/03
Cash Contract # 641 – Water Sampling Stations – completed
Warrants: # 191148 - 191891; Wire Nos. 30000714-729;
$5,209,523.68
Amended JPA with Southeast L. A. County WIB to include Paramount
Appropriate $15,117.96 for replacement bldg. for Imperial Child
Care program
Appeal of CUP for restaurant, etc. at 11022 Downey Ave.
Budget Calendar for fiscal year 2004-05
Appropriation of $9,500 for Chamber of Commerce Contract
Reso. # 6729 destruction of duplicate records of Comm. Dev.
Reso. # 6730 subdivision map No. 60026 – 8014-8024 Telegraph Rd.
Reso. # 6731 application under Pedestrian & Bicycle Safety program
Reso. # 6732 application to HUD for $2.5 Million for loan guarantee
Approved
Approved
Approved
Approved
Approved
Approved
7
7
7
7
7
7
8
8
8
Set Hrg. 01/27
Approved
Approved
Adopted
Adopted
Adopted
Adopted
COUNCIL MINUTES, JANUARY 13, 2004
TABLE OF MINUTE ACTIONS (CONTINUED)
Ordinance definition of single-family dwelling
City Council Committee assignments 2004
Appointment of G. Harold Tseklenis to 1-710Fwy. Tier 2 Committee
Request ofKiwanis for use of Theater at discounted rate
Carry forward appropriations of $430,038 for Capital projects
Appropriation of $3,000 for evaluation of Council Chambers
sound system
Comprehensive Annual Financial Report for FY ended June 30, 2003
Council Member Announcements – cont.
Staff Comments
Adjournment to 6:30 p.m., January 27, 2004
Introduced
Approved
Approved
Cont. to 01/27
Approved
Approved
8
9
9
9
10
11
Rec. & Filed 11
11
12
12
01465: i
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JANUARY 13, 2004
The City Council of the City of Downey held a Regular Meeting at 7:35 p.m., January 13 ,
2004, in the Council Chamber of the Downey City Hall, Mayor Kirk Cartozian presiding.
PRESENT:Council Members:
Kirk O. Cartozian
Keith McCarthy
Anne M. Bayer
Meredith H. Perkins
Rick Trejo
Mayor
Mayor Pro Tempore
ALSO PRESENT:Gerald M. Caton, City Manager
Charles S. Vose, City Attorney
Kathleen L. Midstokke, City Clerk
Lee Powell, Assistant City Manager
Desi Alvarez, Director of Public Works
John Finch, Chief of Police
Darrell George, Director of Community & Economic Development
Bonnie Kehoe, Director of Community Services
John Michicoff, Director of Finance
Mark Sauter, Fire Chief
Ed Velasco, Housing Manager
Ron Yoshiki, Asst. Director of Community Dev./City Planner
Susan Domen, Executive Secretary
PRESENTATIONS
C'hief of Police John Finch introduced newly promoted Police Sergeant Gil Toledo, who has
worked for the Downey Police Department for 20 years. Sergeant Toledo thanked everyone for this
recognition and introduced his family members in the audience.
COUNCIL MEMBER ANNOUNCEMENTS
Mayor Pro Tempore McCarthy expressed that he had a pleasant journey to Israel and Palestine
and was glad to be back in the States.
Council Member Perkins congratulated Chamber of Commerce President Maria Larkin on
another successful Holiday Lane Parade; and wished everyone a very Happy New Years.
City Council Minutes 01/13/04 -1-
{ +01463+
Mayor Cartozian reminded Council and staff to speak directly into the microphones so that
they can be heard; announced that he has a seat available for appointment on the Library Advisory
Board and urged anyone interested to contact the City Council office; and announced that a new
brochure is available “Citizens Guide to Participating in the City Council Meeting Process“ and
thanked the City Clerk’s Department for the preparation.
PUBLIC HEARINGS
1.PROPOSED DOWNEY MUNICIPAL CODE AMENDMENT RE: USED CAR AND
TRUCK SALES, DISPLAY LOTS AND OFFICES.
Mayor Cartozian opened the Public Hearing at 7:45 p.m. City Clerk Midstokke affirmed
receipt of the Proof of Publication. It was moved by Council Member Perkins, seconded by Mayor
Pro Tempore McCarthy and so ordered to receive and file. City Clerk Midstokke announced that
correspondence had been received from Brent Smith, representing the Downey Auto Dealers Assn.
dated January 8, 2004 supporting the recommended changes and from Catherine Weinberg,
representing various auto sales businesses dated January 12, 2004 opposing the recommended
changes. It was moved by Council Member Perkins, seconded by Council Member Trejo and so
ordered to receive and file.
A staff report was given by Asst. Director of Community Development/City Planner Ron
Yoshiki including a Power Point presentation. He explained that the consideration is for several
Municipal Code amendments relating to the sales and operation of used car automobile display lots
and sales offices. He indicated that over time an increased number of these types of businesses have
opened in the City. After finding that the Zoning Code lacked definitive standards for used car type
businesses, the City Council adopted a moratorium in September, 2002 on new applications for used
car lots and auto broker offices. Since that time, the Planning Commission has held several meetings
on the proposed standards. The current moratorium will expire on March 10, 2004.
el
Assistant Director Yoshiki reviewed the proposed standards including the requirement for a
Conditional Use Permit; the limitation of locations; a minimum lot area of 20,000 square feet; a
minimum street frontage of 60 feet; parking requirements (a minimum of six per site); a maximum
display area of 50% of the lot; and required lot areas of 10% landscaping, 5% office, 10% parking,
and 25% driveways.
He noted that one item that was discussed during the Public Hearing was new car operations.
They have franchise agreements with the car manufacturers that require minimum lot size typically
a-om 20, 0000 square feet to 4 or 5 acre parcels; and limitations on the locations of the dealerships.
Council Member Perkins questioned the percentages given for lot coverage and the portion
allowed for signage. Assistant Director Yoshiki responded the signage is typically on the building
and these standards are already contained in the existing Code. These are based upon either building
size or lot area, whichever gives them the greatest sign area.
Council Member Trejo questioned the parking requirement for auto service and Assistant
Director Yoshiki responded that 3 parking spaces for each service bay are proposed, noting that a
number of cars are usually involved at each bay.
City Council Minutes 01/13/04 -2-
{}}4655
Mayor Pro Tempore McCarthy noted that currently there is no minimum lot size; no definition
regarding frontage, planters, customer or employee parking, amplification of sound, showroom and
office coverage.
Catherine Weinberg, Costa Mesa, attorney representing various auto sales businesses, urged
the Council to reject the proposed amendments pertaining to the sales of used cars stating that they
would unfairly burden the used car dealers and favor the new car dealers.
Jose Bordaa, Premium Truck Auto Sales, Downey, opposed the proposed amendments
indicating he is a small business located on 10,000 square feet that would only be allowed to carry 18
cars in inventory with the new regulations, yet he sells 45 cars a month.
Don Perumean, Fountain Valley, expressed that the frontage should be changed from 60 feet
to 100 feet, that the proposed amendments should also apply to new car dealers as well and that the
existing businesses need to be allowed to continue.
ChHstos John Smymiotis, property owner in Downey, stated that the rules should apply to
everyone the same and that the changes proposed favor the big car dealers.
Brent Smith, Los Angeles, attorney representing the Downey Auto Dealers Association,
indicated that his clients are not proponents of the changes and that there are significant, numerous
differences between new car dealers and used car dealers, especially franchise agreements.
Nancy Holyoake, property owner in Downey, presented a poster board with several pictures to
the City Council and a survey of cars displayed at new car dealership frontage, indicating that at least
50% of the cars displayed at the street frontage are actually used cars for sale.
Dikran Koniasian, Los Angeles, suggested that other codes should be reviewed and that the
20,000 square foot minimum lot size was not based upon any logical reasoning.
John Bohls, Rancho Palos Verdes, part of Louise Bohls Trust, stated that the proposal is
prejudice against the smaller businesses and that the parking regulations are excessive.
John Bohls (Senior), Leisure World, indicated that the proposed changes will impact the
profitability of property he has owned in Downey for 44 years and he does not feel it is fair to the
smaller business owners.
Louise Carter, Laguna Niguel, trustor of property, feels the new regulations will put people
out of business which could result in vacant, neglected properties for the City of Downey.
Richard Pridham, Downey resident, stated that the rules should be the same for all people in
the same circumstances, across the board proportionally and equally.
Frank Bohls, San Clemente, general contractor, feels the parking requirements are inequitable
for used car dealerships and the requirements should be applied to the big dealerships as well.
There being no further speakers, it was moved by Council Member Perkins, seconded by
Council Member Trejo and so ordered to close the Public Hearing at 8:42 p.m.
City Council Minutes 01/13/04 -3-
01465 S
Council Member Perkins thanked all 12 speakers who came forward tonight and expressed
their feelings on this matter. He does not believe it is the intent of the proposed Ordinance to put the
small businessman out of business. He expressed that there is a difference between a used car and a
new car. The new car lots are larger and there has to be a franchise agreement.
Council Member Trejo indicated he is not against the used car dealerships or discriminating
against the small businessman but would just like to see the proliferation of the used car lots along
Firestone Boulevard prevented or reduced. Over 50% of the used car dealers are along Firestone
Boulevard, which is a key development area that should be developed to its maximum potential for
the benefit of the community. There should be aesthetic improvements such as landscaping.
It was moved by Council Member Trejo to amend the proposed Ordinance to allow the used
car dealerships that exist right now to be grandfathered in. (This motion did not receive a second at
this time and is restated below.)
Council Member Bayer thanked all of the public speakers for providing their input tonight and
indicated their points were well taken.
Mayor Pro Tempore McCarthy thanked everyone for their participation and that this has been
a great exercise in democracy in action for the students from Calvary Chapel and other schools to
observe this evening. He expressed that our existing Ordinances related to used car sales do need to
be improved.
Mayor Cartozian questioned the consideration of the difference between wholesale and new
retail and how point of sales are determined by that definition. Assistant City Manager Powell
responded that in the case of retail the point of sale is where the sale actually occurs to the end
consumer and that is where the sales tax goes. In the case of wholesale, the point of sale is not
relevant because in that case they have a special situation where they are selling for resale and then
they are exempt from the sales tax.
Mayor Cartozian clarified that he has met with members of the Downey Auto Dealers
Association and none of them spoke in favor of the amendment. He sees some problems with some
of the properties that sell used cars and the number of code violations is evidence of that.
It was moved by Mayor Cartozian to bring back this amendment so there can be some more
dialogue with the property owners and the used car business operators. The motion died for lack of a
second
City Attorney Vose indicated that this matter would need to be brought back at the next
meeting for introduction in order to meet the time frame of the current moratorium.
In response to Mayor Pro Tempore McCarthy’s questions, Assistant Director Yoshiki
responded that the service bay parking ratio applies to all businesses that have auto service and the
reasoning is to provide enough parking spaces so that consumers can cue their cars in advance. The
minimum lot size was derived to allow enough room for the additional visual amenities, customer
parking and reasonable land area for automobile displays.
City Council Minutes 01/13/04 -4-
'“ ’ ' „81£4 fi 5 -?
Assistant Director Yoshiki suggested that an adjustment could be proposed for the smaller lots
as has been done for shopping centers, where there is a sliding scale for allotments of 10% up to the
20,000 square foot requirement. Through the Conditional Use Process the optimal use of the land can
be reviewed. He explained that the 10 foot setback for landscaping is an attempt to improve the
streetscape as is being done in other parts of town and the 10% landscaping requirement is the same
throughout all the general commercial zones.
In response to Council Member Perkins, Assistant Director Yoshiki confirmed that there are
only 12 current used car businesses that have lots less than 20,000 square feet. Council Member
Perkins expressed that he would like to see no time limit on the grandfather clause and special
attention paid to the fact that if someone tries to upgrade the building or improve the property that
they are not required to bring it up to Code. He would also like a reduction in landscaping from 10%
to 5% and reduced parking.
City Attorney Vose explained that if there is not a grandfather clause included in the
Ordinance then the various provisions would go into effect and then the businesses become non-
conforming with typical amortizations of 10 to 20 years. With respect to a general grandfathedng of
existing businesses, that can be done on an open-ended basis if that is what the Council wants.
It was moved by Council Member Trejo, seconded by Mayor Pro Tempore McCarthy and
unanimously carried to reopen and continue the Public Hearing to January 27, 2004 with the
direction for inclusion of language for an open-ended grandfather clause and to allow a 10%
allotment in regards to total lot area.
Prior to the vote. Council Member Perkins moved for an amendment to the above motion to
decrease the landscaping to 5%. The motion was seconded by Mayor Pro Tempore McCarthy and
failed by the following vote:
AYES: McCarthy, Perkins
NOES: Bayer, Trejo, Mayor Cartozian
RECESS
The meeting recessed at 9:22 P.M. and reconvened at 9:29 p.m., with all Council Members
present.
ORAL COMMUNICATIONS
Janet Molinaro, Downey resident, thanked the Council and especially Council Member Trejo
for installing sidewalks on Gallatin Road for the greater good of the area and to address safety issues.
Anita Vander Linden, Downey resident, thanked the Council for installing sidewalks along
Gallatin Road which has increased the publics’ safety.
Bob Brazelton, Downey resident, inquired regarding Item No. 23, request by Kiwanis for use
of Downey Theater at a discounted rate, and was told that he would have opportunity to speak when
that item was discussed.
City Council Minutes 01/13/04 -5-
' B 14 C 58
PUBLIC HEARINGS – cont.
2.AMENDMENT TO THE 2003-04 ACTION PLAN PERTAINING TO THE
COMMUNITY DEVELOPMENT BLOCK GRANT FUND (RE: NASA PARK
PROJECT).
Mayor Cartozian opened the Public Hearing at 9:34 p.m. City Clerk Midstokke affirmed
receipt of the Proof of Publication. It was moved by Mayor Pro Tempore McCarthy, seconded by
Council Member Perkins and so ordered to receive and file.
A staff report was given by Housing Manager Ed Velasco explaining that this action will shift
block grant funds that are allocated for the proposed NASA Park Project from loan payments to direct
park development costs in the amount of 8300,000.
In response to Council Member Perkins, Manager Velasco indicated that the exact interest rate
on the loan is not known at this time but should be between 5.5% to 6.5% based upon the last HUD
issuance in August, 2003 .
No one from the public coming forward to speak, it was moved by Council Member Trejo,
seconded by Mayor Pro Tempore McCarthy and so ordered to close the Public Hearing at 9:38 p.m.
Council Member Trejo commended Housing Manager Velasco and others who have worked
on this project to built the 1 st new park in the City in 30 years which is greatly needed for the
growing younger population in Downey.
It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Trejo and
unanimously carried to approve an amendment to the 2003-04 Action Plan involving reallocation
of $300,000 in Community Development Block Grant funds for the proposed NASA Park
Project; and approve a change in the City’s 2003-04 Budget re-appropriating $300,000 in
CDBG funds from account 28.4.5922 (HUD Loan) to account 28-17228 (NASA Park).
CONSENT CALENDAR – ITEMS FOR REMOVAL
11.CARRY-FORWARD APPROPRIATIONS IN THE AMOUNT OF $430,038.19 FOR
FISCAL YEAR ENDED JUNE 30, 2003 (FOR CAPITAL PROJECTS) was removed at the
request of City staff and is listed under Other Business below.
12.APPROPRIATION OF 53,000 FOR EVALUATION OF THE COUNCIL CHAMBER
SOUND SYSTEM was removed at the request of Lennie Whittington and is listed under
Other Business below.
13.COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED
JUNE 30, 2003 was removed at the request of Mayor Cartozian and is listed under Other
Business below.
City Council Minutes 01/13/04 -6-
014699
CONSENT CALENDAR
It was moved by Council Member Trejo, seconded by Council Member Perkins and
unanimously carried to waive further reading of the Resolutions and approve the remainder of
the Consent Calendar items as recommended:
3.COUNCIL MINUTES: ADJOURNED REGULAR MEETING, DECEMBER 2, 2003 :
Approve.
4.COUNCIL MINUTES: ADJOURNED REGULAR MEETING. DECEMBER 9, 2003 :
Approve.
5.
6.
COUNCIL MINUTES: REGULAR MEETING, DECEMBER 9, 2003: Approve.
CASH CONTRACT # 641 – WATER SAMPLING STATIONS: ACCEPT THE
INSTALLATION OF 20 WATER SAMPLING STATIONS AT VARIOUS
LOCATIONS THROUGHOUT THE CITY: Approve.
7.WARRANTS ISSUED: 191148 – 191891; WIRE NUMBERS 30000714-729;
$5,209,523.68: Approve.
8.THIRD AMENDED AND RESTATED JOINT EXERCISE OF POWERS
AGREEMENT WITH THE SOUTHEAST LOS ANGELES COUNTY WORKFORCE
INVESTMENT BOARD TO INCLUDE THE CITY OF PARAMOUNT: Approve.
9.APPROPRIATION OF $15,117.96 TO COVER THE COST OF A REPLACEMENT
MODULAR BUILDING FOR THE IMPERIAL CHILD CARE PROGRAM: Approve.
10.SET PUBLIC HEARING FOR JANUARY 27. 2004 FOR THE APPEAL OF
CONDITIONAL USE PERMIT # 03-86 FOR PROPERTY LOCATED AT 11022
DOWNEY AVENUE – REQUEST TO ESTABLISH A RESTAURANT AND
BANQUET FACILITY WITH VALET PARKING AND LIMITED
ENTERTAINMENT: Approve.
14.
15.
BUDGET CALENDAR FOR FISCAL YEAR 2004-05: Approve.
ADDITIONAL APPROPRIATION OF $9,500 FOR THE CHAMBER OF
COMMERCE CONTRACT: Approve.
16.RESOLUTION NO. 6729 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE DESTRUCTION OF CERTAIN DUPLICATE RECORDS OF THE
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT.
City Council Minutes 01/13/04 -7-
014 Gb 0
17.RESOLUTION NO. 6730 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP NO. 60026 (8014,
8018 AND 8024 TELEGRAPH ROAD), APPROVING AN AGREEMENT WITH THE
SUBDIVIDER AND ACCEPTING A CASH DEPOSIT AS SURETY.
18.RESOLUTION NO. 6731 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE SUBMITTAL OF A GRANT-FUNDING APPLICATION UNDER
THE “PEDESTRIAN AND BICYCLE SAFETY PROGRAM”.
19.RESOLUTION NO. 6732 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AUTHORIZING THE CITY MANAGER TO SUBMIT, TO THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT, AN APPLICATION FOR 52.5 MILLION
IN LOAN GUARANTEE FUNDS, PURSUANT TO SECTION 108 OF THE HOUSING
AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED.
ORDINANCES
20.DOWNEY MUNICIPAL CODE AMENDMENT RE: EXPANDING THE
DEFINITION OF SINGLE-FAMILY DWELLINGS TO BE CONSISTENT WITH
THE ADOPTED AND CERTIFIED 2000-05 DOWNEY HOUSING ELEMENT.
A staff report was presented by Asst. Director of Community Development Yoshiki who
explained that upon introduction of this Ordinance at the last City Council Meeting, there were some
questions relating to the terms referring to manufactured and mobile homes. The Ordinance
submitted tonight references the applicable State Government Code Section for these definitions.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING A DOWNEY MUNICIPAL CODE AMENDMENT TO ARTICLE IX,
CHAPTER 1, SECTION 9104 TO EXPAND THE DEFINITION OF SINGLE-FAMILY
DWELLINGS TO BE CONSISTENT WITH THE ADOPTED AND CERTIFIED
2000-05 DOWNEY HOUSING ELEMENT.
City Clerk Midstokke read the title of the Ordinance. It was moved by Mayor Pro Tempore
McCarthy, seconded by Council Member Trejo and unanimously carried to waive further reading
and re-introduce the Ordinance.
City Council Minutes 01/13/04 -8-
OTHER BUSINESS 014 bG 1
21.CITY COUNCIL COMMITTEE ASSIGNMENTS 2004.
Mayor Cartozian indicated that he is proposing very few changes to the assignments. It was
moved by Council Member Perkins, seconded by Council Member Trejo and unanimously carried to
approve the City Council Committee assignments for 2004.
22.APPOINTMENT OF G. HAROLD TSEKLENIS AS COMMUNITY MEMBER TO
THE 1-710 FREEWAY TIER 2 COMMITTEE.
Mayor Pro Tempore McCarthy explained that there has been created an 1-710 Oversight
Policy Committee which is investigating how to deal with the incredible amount of traffic on the 710
Freeway, future plans, reduce congestion and improve air quality. There is a Citizens Oversight
Committee and Mr. Harold Tseklenis has offered his services to serve on this committee. Mr.
Tseklenis previously worked with the group opposing the proposed power plant in the City of South
Gate and was very helpful and informative.
It was moved by Mayor Pro Tempore McCarthy, seconded by Council Member Perkins and
unanimously carried to appoint G. Harold Tseklenis to the 1-710 Tier 2 Committee.
OTHER BUSINESS – Council Member Requests for Future Agenda Items:
23.CONSIDERATION OF THE REQUEST OF THE DOWNEY KIWANIS (MORNING)
FOR USE OF THE DOWNEY THEATER AT A DISCOUNTED RATE – requested by
Council Member McCarthy.
Council Member McCarthy indicated that Kiwanis representative had met with City staff
regarding a request to have use of the Downy Theater at a reduced rate and this request was denied.
He received a telephone call from former Mayor Brazelton and he agreed to put this matter on the
agenda and hear their presentation.
Bob Brazelton, Downey resident, Treasurer ofKiwanis Los Amigos, indicated that Resolution
No. 5634 was adopted in 1994, when he was a member of the City Council, regarding this matter
which granted a discount to Downey non-profits, performing arts organizations with at least 5
continuous years of theater rental. He noted that the Resolution does not define a performing arts
organization. The Kiwanis organization pays about $10,000 in theater rentals during a season and the
discount, if given, would be about $1,000.
Mayor Cartozian clarified that he understands the figure to be $1,500 and that the
memorandum to the City Council from Community Services Director Kehoe did not make any
decision or give any direction to Council.
Kent Halbmaier, President ofKiwanis Los Amigos, indicated that no salaries are provided to
any of the actors, only those producing the play. He noted that the play fosters and promotes the Arts
to the children of Downey and free tickets are provided to the middle school and high school students.
City Council Minutes 01/13/04 -9-
0 1 4-6 S :
Bob Goldstein, Downey resident, indicated that he does not feel this should be voted upon
tonight and urged the Council to attend the play on Saturday night (January 17) when the audience
will have students and senior citizens in attendance. He indicated that almost $100,000 has been
raised in the six years Kiwanis has been doing the play.
Lennie Whittington, Downey resident, questioned whether the Civic Light Opera and the
Downy Symphony receive the discount and he feels they should all be treated equally.
Community Services Director Kehoe responded that per the Resolution from 1994, the
Downey Civic Light Opera and the Downey Symphonic Society are receiving the discount that is for
Downey non-profit performing arts organizations. Based upon the use of the Kiwanis last year, the
donation that the City would be making is slightly over $1,400, so it was rounded off to $1,500. 1f all
of the non-profits that use the theater were considered, it would be about a $9,500 donation. She
noted that the Downey School District, pursuant to a reciprocal agreement, pays for direct costs.
Lennie Whittington, Downey resident, clarified that the Downey Civic Light Opera and the
Downey Symphonic groups are receiving the same discount that the Kiwanis group is requesting.
It was moved by Mayor Pro Tempore Cartozian, seconded by Council Member Perkins and
carried, noting the abstention of Council Member Bayer, to continue this matter for 2 weeks.
At this time, Council Member Trejo thanked Janet Molinaro and her husband for being in
attendance tonight in support of the new sidewalks on Gallatin Avenue.
OTHER BUSINESS – Consent Calendar – Items removed by Council Approval:
11.CARRY-FORWARD APPROPRIATIONS IN THE AMOUNT OF $430,038.19 FOR
FISCAL YEAR ENDED JUNE 30, 2003 (FOR CAPITAL PROJECTS).
City Manager Caton indicated that it is not unusual for capital improvement projects to go
from one fiscal year to the next, which requires the re-appropriation of funds for those projects.
Based upon the State budget situation and its impact on the City, it is being requested that money for
2 projects not be reappropdated, the Civic Center Parking Lot Fence project ($60,000) and the Fire
Station No. 3 Remodel project ($305,000).
Assistant City Manager Powell further explained that in August of 2003, as a result of the
approval of the State’s budget, the City Council reduced the City’s budget by approximately $1.1
Million due to the loss of a portion of the Vehicle License Fee revenue. After the election of a new
Governor, he replaced the loss in the area of the motor vehicle revenue, but not all of it. In late
December, it was discovered that there is an additional approximately $500,000 shortfall. In the
governor’s new proposed budget, he is triggering the Education Revenue Augmentation Fund
(ERAF) which will shuffle some property tax money from the City of Downey to the school district
in the amount of approximately $577,000. With these cuts in mind, it is being proposed that the 2
above projects not be reappropriated.
City Council Minutes 01/13/04 -10-
014663
He further noted that additional budget cuts have been made administratively including
Reezing the fire ladder truck, freezing 2 positions that have recently become vacant in addition to the
5 positions that were frozen in August and frozen a promotion that was scheduled to occur.
It was moved by Council Member Perkins, seconded by Council Member Trejo and
unanimously carried to approve $430,038.19 in carry-forward appropriations (for various capital
projects for the fiscal year ended June 30, 2003).
12.APPROPRIATION OF $3,000 FOR EVALUATION OF THE COUNCIL CHAMBER
SOUND SYSTEM.
Lennie Whittington, Downey resident, stated that although he agrees the work needs to be
done, there is no indication of an hourly rate and the amount of hours involved in this evaluation.
Finance Director Michicoff indicated that staff tried to obtain informal quotes in order to
expedite this matter. They do have the approximate hourly rate and the approximate amount of time
it will take in other documentation in the form or comments and notes.
Mayor Pro Tempore McCarthy requested that the issue of compliance with Americans with
Disability Act (ADA) in terms of access to both hearing and speaking be addressed in this evaluation,
including: the wireless microphone, jacks in the atrium for overflow crowds and the mute buttons.
It was moved by Council Member Perkins, seconded by Council Member Trejo and
unanimously carried to appropriate $3,000 for the evaluation of Council chamber sound system.
13.COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED
JUNE 30, 2003.
Mayor Cartozian indicated he had pulled this item to commend Finance Director Michicof£
He noted the principal employers in the City are Rancho Los Amigos Hospital, Downey Regional
Medical Center, Stonewood Shopping Center, Downey Unified School District, L. A. County Office
of Education and Coca Cola Company.
It was moved by Council Member Perkins, seconded by Mayor Pro Tempore McCarthy and
unanimously carried to receive and file the Comprehensive Annual Financial Report (CAFR) for
the fiscal year ended June 30, 2003.
COUNCIL MEMBER ANNOUNCEMENTS – cont.
Mayor Pro Tempore McCarthy referenced an item approved on the Consent Calendar tonight,
inclusion of the City of Paramount in the Southeast Los Angeles County Workforce Investment
Board, and that he was glad to have them as a member. This group helps employers find qualified
and trained employees in now an eight city area.
City Council Minutes 01/13/04 -11-
- ': (}{4684
Council Member Perkins complemented the Downey Rose Float Association on another fine
job on this year’s float for the Tournament of Roses Parade; noted that we all have many blessing to
be thankful for this New Years; mentioned that the City is now beginning the budget process with the
Budget Calendar approved tonight and he hopes that when the Budget Committee meets that they
consider a paid program to treat the City’s water supply.
Council Member Trejo thanked Council for their support and City staff for the installation of
the new sidewalks on Gallatin Road which will increase public safety, especially for the children and
elderly; mentioned the challenging budget times we face with the State’s budget crisis; and
announced that he has a new job opening a new pharmacy and this has made him realize how many
patients are coming from a large regional area to receive health care in the City of Downey.
Mayor Cartozian announced that his first event as newly appointed Mayor was a ribbon
cutting ceremony at Council Member Trejo’s new pharmacy on December 15; he expressed that he is
pleased with the new sidewalks on Gallatin and the commitment of the Council to go forward with
the project and that there will be more sidewalk projects in the future. He gave direction to staff to
start work on his # 1 priority for his year as Mayor, his proposal for a reinvisioned plan check
process, also called one-stop or streamlined.
OTHER BUSINESS – Staff Comments
City Manager Caton congratulated Finance Director Michicoff and Assistant City Manager
Powell for a job well done on the annual Comprehensive Annual Finance Report.
ADJOURNMENT: 10:42 p.m.
The meeting adjourned to 6:30 p.m., January 26, 2004, in the Council Chamber of Downey
City Hall,
N L. bmSTOKKEnTk KIRK 0. CARTO:Mayor
City Council Minutes 01/13/04