HomeMy WebLinkAboutMinutes - 09-27-05 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
SEPTEMBER 27, 2005
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:32 p.m., September27, 2005, in the Council Chamber of the
Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairman Anne M. Bayer
presiding
PRESENT: Council Members/Commissioners:
Anne M. Bayer
Meredith H. Perkins
Rick Trejo
David R. Gafin
Kirk O. Cartozian
Mayor/Chairman
Mayor Pro Tem/Vice-Chairman
(arrived 6:57 p.m.)
ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director
Charles S. Vose, City Attorney/Economic Development Director
Lee Powell, Assistant City Manager
James Makshanoff, Deputy City Manager
Kathleen L. Midstokke, City Clerk/Secretaw
NON-AGENDA PUBLIC COMMENT: No one came forward to speak.
APPROVAL OF CLOSED SESSION MINUTES
It was moved by Mayor Pro Tem/Vice-Chairman Perkins, seconded by Council
Member/Commissioner Gafin and unanimously carried (4/0) to approve the Closed Session
Minutes of September 13, 2005.
RECESS TO CLOSED SESSION
Mayor/Chairman Bayer announced the Council/Commission is ncessing to Closed
Session (6:33 p.m.) to discuss matters under the authority of the following sections of the
Government Code:
1 Government Code Section 54957.6 – Conference with labor negotiator Lee Powell re:
direction for labor negotiations with Police Officers’ Assn.; Police Management Assn.; Public
Safety Auxiliary; City Employees Association – Maintenance Unit; Executive/Middle
Management.
Government Code Section 54956.8(b) – Conference with real property negotiator Charles
Vose re: 12000 Lakewood Boulevard; negotiating party: Downey Landing LLC; under
negotiations: price and terms of payment.
Government Code Section 54957 – Public Employee Appointment. Position: Chief of Police.
2.
3.
City Council/Community Dev. Comm. Minutes (adj.) 09/27/05 -1 -
RECONVENED
The meeting reconvened in Open Session at 7:29 p.m. ®th all Council Members/
Commissioners present. City Attorney Vose announced that the City Council had approved the
appointment of Captain Roy Campos as Chief of Police.
The meeting recessed at 7:30 p.m.
The meeting reconvened at 10:16 p.m. Wth all Council Members/Commissioners present
and immediately recessed to Closed Session.
The meeting reconvened at 1 1 :20 p.m. Wth all Council Members/Commissioners present
There was no Closed Session action to report.
ADJOURNMENT: 11 :20 p.m.
L \'- b ’ t,-._
ANNE M. BAYER, Mayor/Ch4irmanKATHLEEN L. MIDSTOKKE, City Clerk/Secretary
City Council/Community Dev. Comm. Minutes (adj.) 09/27/05 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
SEPTEMBER 27, 2005
TABLE OF MINUTE ACTIONS
SUBJECT
Presentations
Non-Agenda Public Comment
Council Minutes: Reg. & Adj. Mg. 09/13/05
Warrants: # 207314-207639 Wire Nos. 30001087-
30001089:$3,738, 156.11
Agrmt. w/Group Oliver, Inc. for Computer Network Maint. – Fire
Appropriate $20,500 for Upgrades to the Fire Stations’ Lights
Used Oil Block Grant Annual Report for Fiscal Year 2004-05
Agrmt. w/Huitt-Zollars Inc. for On-Call Land Surveying Services
Pub. Hrg . for ZC # 05-75, Property @ 11610 Lakewood Blvd.
ACTION PAGE NO.
2
2
2
2
2
3
3
3
Approved
Approved
Approved
Approved
Receive/File
Approved
Set Date
10/1 1/05
Pub. Hrg. for ZC # 05-77, Property @ at 8121-23 Conrad St. &
8118-32 Orange St.
Pub. Hrg. for Appeal of Denial of ZC # 0567, Property Located @
9553-57 Firestone Blvd .
Contract w/Fair Housing Foundation for Services, $14,774
CDBG Sub-recipient Agreements, $158,500
Reso. # 05-6876, Underground Utility Dist. Bellflower Blvd. &
Steve Horn Way (Dist. # 20)
Cable TV Franchise Assignment to C-Native Exchange 1 LLC,
An Indirect Subsidiary of Time Warner Cable, Inc.
Reso # 05-6877, Providing Approval for a Transaction Involving
Comcast Of Los Angeles, Inc. & nme Warner Cable, Inc.
Ord . Amending Comp. ZR+Property @ 13238-13242 Cabelt Ave.
Ord . # 05-1 1 76, ZC for Properties Located @ 10723, 10729,
10735, 10741 AND 10751 Lakewood Blvd.
Set Date
10/1 1/05.
Set Date
10/1 1/05
Approved
Approved
Adopted
3
3
3
3
3
3
3
3
4
Approved
Adopted
Introduced
Adopted
COUNCIL MINUTES, SEPTEMBER 13, 2005
TABLE OF MINUTE ACTIONS (CONTINUED)
Ord. # 05-1 177, DMC Section 3186, Speed Limits, Wiley Burke
Certificate of Required Dev. Investment– IRG, Downey Studios
Presented & Discussed LACOE & Columbia Mbmorial Space
Science Learning Center Joint Project
Request by Downey Landing (Eclipse Dev. Group), Store Denied
Openings Prior to Completion of Stewart & Gray St. Imp. – 12000 Lakewood Blvd.
Council Member Announcements/Requests for Future Agenda Items
Adjournment
Adopted
Approved
4
4
4
5
6
7
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
SEPTEMBER 27, 2005
The City Council of the City of Downey held a Regular Meeting at 7:32 p.m., September 27,
2005, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey,
California, Mayor Anne M. Bayer presiding.
PRESENT: Council Members:
Anne M. Bayer
Meredith H. Perkins
Rick Trejo
David R. Gafin
Kirk O. Cartozian
Mayor
Mayor Pro Tem
ALSO PRESENT:Gerald M. Caton, City Manager
Charles S. Vose, City Attorney/Economic Development Director
Kathleen L. Midstokke, City Clerk
Lee Powell, Assistant City Manager
Desi Alvarez. Director of Public Works
John Finch, Police Chief
Linda Haines, Director of Development Services
Bonnie Kehoe, Director of Community Services
James Makshanoff, Deputy City Manager
John Michicoff, Director of Finance
Mark Sauter, Fire Chief
Loren Behr, Executive Director Space Learning Center
Ed Velasco, Housing Manager
Susan Domen, Secretary to the City Clerk
PRESENTATIONS:
Mayor Bayer presented the Mayor’s Award for Service to the City to Dan Hurlock,
Firefighter/Paramedic.
Mayor Bayer recognized Kenneth Beckner, retiring member of the Water Board and Water
Facilities Corporation.
Mayor Pro Tem Perkins presented a Certificate of Appointment to Mario Guerra, Emergency
Preparedness Committee for Council District Two.
Mayor Pro Tem Perkins presented a Certificate of Appointment to Henry Leyva, Water Board
and Water Facilities Corporation for Council District Two.
Mayor Bayer presented a Proclamation to Fire Chief Sauter proclaiming the month of
October as Fire Prevention Month.
Mayor Bayer presented a Proclamation to Gloria Crum, Rio Hondo American Red Cross
Chapter, proclaiming the month of October as National Breast Cancer Awareness Month; and
October 21, 2005, as National Mammography Day.
City Council Minutes 09/27/05 -1-
Mayor Bayer recognized the September, 2005 Community Emergency Response Team
(CERT) graduates.
NON-AGENDA PUBLIC COMMENT:
John McDonald, resident of Downey, complained about the difficulty of reaching the Citation
Processing Center and the amount of time staff has spent assisting him; and that there are too many
east/west streets in the City closed at the same time.
Thomas Smith addressed the recent fatal pedestrian accident and that the City should
consider Police traffic control at Lakewood and Firestone Boulevards during school hours.
The following people spoke regarding the Police vehicle pursuit and related issues which
resulted in the death of Gonzalo Martinez:
Alice Hayes, Noel, Marta Galves (sp.?), Kim, Mr. Flores, Anne Allegra (sp.?), Age (sp.?),
Seth Dillinger (sp.?), Keisha Bronston, Harriet Tubman, and three unidentified speakers.
Anita Rivero suggested that with the high cost of gas there should be better coordination
between the Green Line and the DowneyLINK transportation systems.
Torn Woodard commended the Police and Fire Departments for doing an excellent job
Jim Roberts, resident of Downey, spoke regarding the building of large homes, stating he
feels that the projects are good for the City and property values.
Maria Larkin, resident of Downey, indicated that she is proud of the City Council.
Richard Pridham, resident of Downey, expressed that there seems to be a problem with the
chain of command and leadership; and noted that the pavement has raised up at Studebaker Road
and Florence Avenue and Florence Avenue and Little Lake Road.
Russ Rankin, resident of Downey, stated that he supports the Police Department and noted
that the Rose Institute has concluded that density drives down housing costs
CONSENT CALENDAR:
It was moved by Council Member Trejo, seconded by Council Member Cartozian and
unanimously carried to approve the Consent Calendar items as recommended:
1.APPROVED COUNCIL MINUTES: Adjourned and Regular Meetings September 131 2005:
City Clerk
2.APPROVED WARRANTS ISSUED: Nos. 207314-207639; Wire Nos. 30001087-30001089:
30001093-30001097; in the total amount of $3,738,156.11 : Finance.
3.APPROVED AGREEMENT WITH GROUP OLIVER, INC. FOR COMPUTER NETWORK
MAINTENANCE AND SUPPORT SERVICES FOR THE FIRE DEPARTMENT JOINT
POWERS COMMUNICATIONS CENTER IN THE AMOUNT OF $211000: Fire
4.APPROPRIATED $20,500 FOR UPGRADES TO THE FIRE STATIONS’ LIGHT SYSTEMS
FOR ENERGY SAVING IMPROVEMENTS: Fire.
City Council Minutes 09/27/05 -2-
5.RECEIVED AND FILED USED OIL BLOCK GRANT ANNUAL REPORT FOR FISCAL
YEAR 2004-05: Public Works.
6.APPROVED AGREEMENT WITH HUITT-ZOLLARS INC. FOR ON-CALL LAND
SURVEYING SERVICES: Public Works.
7.SET PUBLIC HEARING FOR OCTOBER 11. 2005 FOR ZONE CHANGE NO. 05-75. A
REQUEST TO CHANGE ZONING FROM C-2 /P-B TO C-P FOR PROPERTY AT 11610
LAKEWOOD BOULEVARD: Development Services.
8.SET PUBLIC HEARING FOR OCTOBER 11, 2005 FOR ZONE CHANGE NO. 05-77, A
REQUEST TO CHANGE ZONING FROM R-1 TO R-2 FOR PROPERTY AT 8121-23
CONRAD STREET AND 8118-32 ORANGE STREET: Development Services.
9.SET PUBLIC HEARING FOR OCTOBER 11, 2005 FOR APPEAL OF DENIAL OF ZONE
CHANGE NO. 05-67, A REQUEST TO CHANGE ZONING FROM C-1 AND P-B TO R-3
AND C-2 FOR PROPERTY LOCATED AT 9553-57 FIRESTONE BOULEVARD:
Development Services.
10.APPROVED CONTRACT WITH FAIR HOUSING FOUNDATION FOR FAIR HOUSING
SERVICES IN THE AMOUNT OF $14,774: Development Services
11.APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT
AGREEMENTS IN THE TOTAL AMOUNT OF $158,500: Development Services.
A. ARC OF SOUTHEAST LOS ANGELES COUNTY;
B. CHILDREN’S DENTAL HEALTH CLINIC;
C. DOWNEY UNIFIED SCHOOL DISTRICT;
D. RIO HONDO TEMPORARY HOME;
E. SOUTHERN CALIFORNIA REHABILITATION SERVICES, INC.
F. SALVATION ARMY SOUTHEAST COMMUNITIES CORPS;
G. SU CASA FAMILY CRISIS AND SUPPORT CENTER;
H. SOUTHEAST LOS ANGELES COUNTY WORKFORCE INVESTMENT BOARD;
I. TRUE LASTING CONNECTIONS FAMILY RESOURCE CENTER.
12.ADOPTED RESOLUTION NO. 05-6876, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ESTABLISHING AN UNDERGROUND UTILITY DISTRICT ALONG
THE LENGTH OF BELLFLOWER BOULEVARD SOUTH OF WASHBURN ROAD TO
SOUTH OF STEVE HORN WAY AND STEVE HORN WAY WEST OF BELLFLOWER
BOULEVARD. AND CAUSING ALL SPECIFIED UTILITIES TO BE RELOCATED
UNDERGROUND (DISTRICT NO. 20): Public Works.
13.APPROVING A CABLE TELEVISION FRANCHISE ASSIGNMENT TO C-NATIVE
EXCHANGE 1 LLC, AN INDIRECT SUBSIDIARY OF TIME WARNER CABLE, INC.:
Administration .
A. ADOPTED RESOLUTION NO. 05-6877, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DOWNEY PROVIDING APPROVAL FOR A TRANSACTION
INVOLVING COMCAST OF LOS ANGELES, INC. AND TIME WARNER CABLE, INC.
14 INTRODUCED ORDINANCE NO. 05- . AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY AMENDING THE CITY’S COMPREHENSIVE ZONING MAP
CHANGING THE ZONING OF PROPERTY LOCATED AT 13238-13242 CABELL AVENUE
FROM R-1 – 5000 TO R-2 AND ADOPT A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT (ZONE CHANGE NO. 05-61): Development Services.
City Council Minutes 09/27/05 -3-
15.ADOPTED ORDINANCE NO. 05-1 176, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AMENDING THE CITY’S COMPREHENSIVE ZONING MAP
CHANGING THE ZONING OF PROPERTIES LOCATED AT 10723, 10729, 10735, 10741
AND 10751 LAKEWOOD BOULEVARD FROM R-3 TO C-P AND ADOPTED A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT (ZONE CHANGE NO. 05-59):
Development Services.
16.ADOPTED ORDINANCE NO. 05-1 177, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE
RELATING TO SPEED LIMITS FOR WILEY-BURKE AVENUE: Public Works.
ADMINISTRATIVE REPORTS :
17.APPROVED CERTIFICATE OF REQUIRED DEVELOPMENT INVESTMENT– DOWNEY
STUDIOS AND INDUSTRIAL REALTY GROUP - 12214 LAKEWOOD BOULEVARD:
Economic Development.
City Attorney/Economic Development Director Vose presented a staff report noting that this
item is being brought forth because Industrial Realty Group (IRG) has met the requirement put forth
on them in the amount of $13 million dollars of capital infrastructure improvements and maintain as a
movie studio. With the granting of this certificate a time clock of thirty months will start where the
developer must maintain the site as a movie studio, proving good faith to try and operate such a
facility on the property,
Thomas C. Messmer, IRG representative, presented a packet to the Council which outlined
the current improvements made to date, the local impact, their goals on developing permanent
tenants, the challenges they have faced, the lessons they have learned and their continued
investments in the property. He noted that they had built the largest water tank for filming in the
world and had the largest power distribution for shooting in California. He thanked all staff that had
worked with and helped them in their endeavors to improve the property.
Mayor Pro Tem Perkins noted his appreciation for their efforts and thanked them for being a
good corporate partner.
Council Member Cartozian thanked him for the presentation and stated it is a pleasure to
work with them.
Council Member Trejo noted his appreciation of the use of local citizens being utilized in the
movies and that his children had the opportunity to try out to be extras recently.
It was moved by Mayor Pro Tem Perkins, seconded by Council Member Cartozian and
unanimously carried to approve.
18.PRESENTED AND DISCUSSED LOS ANGELES COUNTY OFFICE OF EDUCATION AND
COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER JOINT PROJECT:
Community Services.
Community Services Director Kehoe noted that over a year ago the Council approved a
working partnership with the Los Angeles County Office of Education (LACOE), using part of the
NASA grants to develop science curriculum. She then introduced Richard Quinones from LACOE.
City Council Minutes 09/27/05 -4-
Mr. Quinones stated the LACOE was very excited to work in partnership with the City and
NASA to develop this new curriculum helping to bring science to life for fourth and fifth grade
students. This will be first introduced to the students of the Downey Unified School District and then
throughout the entire County. CD’s were distributed to each Council Member and a brief overview of
the program was presented. He explained that the CD included an overview for the teachers,
educational videos, classroom activities and teacher results materials. He thanked the City and staff
for their support and efforts in putting this material together.
Council Member Cartozian asked how many students will be able to utilize this program and
was told that there are 1.7 million in the County of Los Angeles and this will be distributed to every
elementary school within the County. He commended the enthusiasm from the County.
19.DENIED REQUEST BY DOWNEY LANDING (ECLIPSE DEVELOPMENT GROUP) TO
ALLOW FOR SHOPPING CENTER STORE OPENINGS PRIOR TO COMPLETION OF
STEWART AND GRAY ROAD STREET IMPROVEMENTS – 12000 LAKEWOOD
BOULEVARD: Economic Development/City Attorney.
City Attorney/Economic Development Director Vose explained that Eclipse Development
Group is asking to alter the terms of the agreement that they have with the City. Part of the
Purchase and Sale agreements include a Subdivision Improvements Agreement that requires the
public improvements be completed prior to occupancy or opening of any of the retail portions of the
site. Two retailers, Best Buy and Ross were given permission to open after many months of
negotiations. The developer is now requesting that more retail sites be allowed to open prior to the
completion of the work along Stewart & Gray Road. Staff has concerns about allowing this due to
traffic related issues and performance issues.
Council Member Cartozian referenced a letter from City Attorney/Economic Development
Director Vose listing seventeen (17) areas that still needed completion and stated that he felt we had
been very generous by allowing the two sites to open.
Mayor Pro Tem Perkins asked why the two (2) sites were allowed to open without the
improvements and was told that there were several reasons including the project delays and the
Holiday season. He then inquired if the developer had a permit to do the work on Stewart & Gray
Road and was told no.
Douglas Gray, Downey Landing, LLC, stated that they had the permit for the work they had
done on Stewart & Gray Road, however, the contractor went further into the street than he was
supposed to. He stated that due to the loss of fifteen (15) days because of environmental issues
and sixty (60) days due to rain, even with working Sundays, they could not get caught up to meet the
Grand Opening days that the major retailers had announced. Mr. Gray continued that they have
paid extra to expedite contractor work. He noted that by allowing the stores on the list to open it will
help them to meet their promises to the community and meet their deadlines for Holiday sales.
Mayor Pro Tem Perkins asked why they hadn't asked for these when they had asked for the
other two (2) and Mr. Gray responded that they thought they had included them and that they did not
tell Marshall’s they had approval to open.
Council Member Gafin inquired if the developer can live up to their agreements with the retail
stores without violating the contract to do the improvements they have with the City; and whether
they would be incurring penalties. Mr. Gray responded that the penalties are already in effect and
would remain so until February.
City Council Minutes 09/27/05 -5-
Council Member Cartozian stated that the City has been very generous and has made many
compromises with the developer and until they complete the improvements they should not be
granted anymore exceptions.
Richard Pridham, resident of Downey, expressed that this whole discussion proves his point
that there is a lack of leadership within this City and no matter what the Council decides now, it will
be a wrong answer and have consequences.
Mayor Pro Tem Perkins inquired as to how long it would take to approve the plans and
complete the work and was informed by staff that they needed five (5) business days to review the
plans. Mr. Gray estimated the work will take forty-five (45) days.
It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Perkins and
carried by the following vote to deny the request.
AYES :
NOES:
Cartozian, Perkins, Mayor Bayer
Gafin, Trejo
Prior to the vote, Council Member Trejo noted that he feels this would be hurting this City
more than the developer.
Council Member Cartozian stated that they all feel that way but they are being forced in this
position by the developer not living up to their contract.
Council Member Gafin suggested a compromise of the City taking over the construction of
the road and the developer paying for it.
After the vote, City Manager Caton noted the Council could direct City Attorney/Economic
Development Director Vose to work with the developer on this compromise.
Mayor Pro Tem Perkins suggested putting back the torn up lane temporarily, allowing the
other stores to open and having the developer putting up a bond to complete this work; or allowing
Marshall’s and Staples to open and to bring back an agreement from the developer dealing with the
rest of the work to be done and perhaps calling a Special Meeting, before allowing any further stores
to open
It was moved by Mayor Pro Tem Perkins, seconded by Council Member Trejo and carried by
the following vote to allow Marshall’s to open and no others until the work is completed on
Stewart & Gray Road.
AYES:
NOES:
Gafin, Perkins, Trejo, Mayor Bayer
Cartozian
OTHER BUSINESS:
OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items:
Council Member Gafin thanked Firefighter/Paramedic Dan Hurlock for his professionalism as
the CERT instructor for the recent class.
Council Member Trejo noted that with the recent hurricanes and flooding in the Gulf Coast
area that the City is very fortunate to have had the reconstruction of the Rio Hondo river berms; and
that Downey Junior Athletic Association flag football just closed registration and that opening day wiI
be in October
City Council Minutes 09/27/05 -6-
Mayor Bayer announced that SEAACA has received one hundred twenty-five (125) dogs and
cats as a result of the hurricanes in the Gulf Coast, has sent them throughout Los Angeles County
and that they are looking for families to host six (6) remaining small dogs through the end of
November.
STAFF COMMENTS:
City Manager Caton announced that the Council will be going back into Closed Session; and
requested a Proclamation for the one hundred and twenty-fifth anniversary of the founding of the
University of Southern California, noting that John Gately Downey was one of the three original
founding fathers.
The meeting recessed at 10:17 p.m. and reconvened at 1 1 :20 p.m. with all Counci
Members present.
ADJOURNMENT: 11 :20 p.m.
The meeting adjourned in memory of Lyell Swearingen, Council Member from 1978-
1982; and William Murray, father of Planning Commissioner Michael Murray to 6:30 p.m. ,
October 1 1, 2005, in the Council Chamber of Downey City Hall.
&
KATHLEEN L. MIDSTOKKE, City Clerk ANNE M. BAYER, M,y,jf
City Council Minutes 09/27/05