HomeMy WebLinkAboutMinutes - 01-23-07 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
JANUARY 23, 2007
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:00 p.m., January 23, 2007 in the Council Chamber of the Downey
City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairman Rick Trejo presiding.
PRESENT:Council Members/Commissioners:
Rick Trejo
David R. Gafin
Kirk O. Cartozian
Anne M. Bayer
Mario A. Guerra
Mayor/Chairman
Mayor Pro Tem/Vice-Chairman
ALSO PRESENT:Gerald Caton, City Manager
Lee Powell, Assistant City Manager
Charles S. Vose, City Attorney/Economic Development Director
Kathleen L. Midstokke, City Clerk/Secretary
Desi Alvarez. Public Works Director
Linda Haines, Development Services Director
John Michicoff. Finance Director
Mark Sauter, Fire Chief
John Godlewski, City Planner
Darren Moon, Fire Captain
Scott Pomrehn, Assistant to the City Manager
Steven Yee, Economic Development Manager
STUDY SESSION – PRESENTATION BY INDUSTRIAL REALTY GROUP (IRG) RE: POTENTIAL
USE OF DOWNEY STUDIOS PROPERTY LOCATED AT 12224 LAKEWOOD BOULEVARD:
Economic Development.
Economic Development Director Vose gave a brief staff report explaining the history of the
subject property since 1929 which included aircraft manufacturing, the Navaho Missile, the Apollo
Spacecraft Development program, and the Space Shuttle. In 1999 the Fedenl Government
declared this land surplus and this began a lengthy process of the City of Downey purchasing the
property which was completed in 2003. Tbe City Council adopted the Downey Landing Specific Plan
Area (SPA) in 2002 which sets forth permitted uses which are compatible with the surrounding uses
and that conforms with the General Plan. The property has been developed with mixed uses by
Kaiser Permanente, Downey Landing and Industrial Realty Group (IRG). In the middle of the site is
75 acres owned by the City which is controlled by a Lease to IRG and currently being used as a
movie studio. To date $17 Million has been invested into this use and IRG is required by the
purchase and sales agreement to continue to use a majoHty of the property as a production studio
until March, 2008. Realiang that any change to the SPA is a lengthy process and will incur
substantial costs, IRG is seeking input tom the City if they are moving forward in an acceptable
rnanner
Tom Messmer, Vice President of construction and project management for IRG, distributed a
folder entitled: “IRG Downey, Site Development Review” to the City Council and began a Power Point
presentation with an update of the Downey Studios activity and major productions, indicating a total
City Council/Community Dev. Comm. Minutes (adj.) 01/23/07 -1 -
lost variable revenue impact of $472,000 per month. He noted the current SPA allows IRG to invoke
Option 2 – a Commerce Center comprised primarily of small industrial and commercial buildings and
a very small studio presence, pointing out that Mile viable, they do not feel this use best benefits the
community. He noted that in mid 2006, IRG began to daft the optimal development for the entire
property including: focus on Bellflower Boulevard as well as Lakewood Boulevard; build upon the
proximity of the new Kaiser complex; build upon the proximity of the new park and learning center;
improved access from Imperial Highway via a new road; compliment the success of Downey
Landing; and create a nucleus for future development near the site.
Jim Beck, Development Design Group, Baltimore, Maryland stated that his firm is working on
several new mixed use projects, with twelve in production and twenty more upcoming. He indicated
there is a positive trend toward mixed use with components integrated as a vibrant community. He
continued the Power Point presentation showing a possibility of retail, restaurants, residential,
offices and hotels that are vertically integrated while preserving and enhancing its historical value. It
will be a pedestrian and vehicle friendly environment including a town square. The focus is on
vertically-integrated, mixed use concepts which include: 385,000 square feet of retail anchors;
561,000 square feet of retail; 85,000 square feet of restaurants; 65,000 square feet of cinemas;
250,000 square feet of hotel (with 275 rooms); 480,000 square feet of office; and 1500 units of
condominiums and townhouses. He indicated this is all subject to tirther study.
Stuart Lichter, President of IRG, stated this WII be an upper-end development with high-end
shops and not big box retail. All housing will be for sale with no rentals. This economic development
should generate 8,000 to 9,000 permanent jobs with a huge sales tax base. It WII be a magnet for
Downey to be the center of this area of Los Angeles County. Since this will be a major investment of
money and time, a partnership with the City needs to go forward and he requested the support of the
City
PUBLIC COMMENT:
Harold Tseklenis, resident of Downey, inquired how this project would relate to the Citys
efforts to revitalize downtown Downey and stated that he does support the mixed use but would like
more information .
George Redfox, resident of Downey, expressed that he supports mixed use but would like to
see the historical perspective addressed in more depth, especially the Kaufman wing.
Mark Knehouse, resident of Downey, noted the Library did not have any background
information for tonight’s meeting and expressed that money can not replace history.
Lennie Whittington, resident of Downey, noted that there is a good chance that there will be a
strike this year in the motion picture industry and noted the need for classy restaurants and more
hotels in town.
Steven Wilson, resident of Downey, would like to see more focus on the history of the site
during development and noted that upton Whittier is a successful area.
At this time, Stuart Lichter indicated that there is great concern for the historical aspect of the
site and that the proposal allows for a significant portion of the Kaufman wing to be relocated and
that history will be recreated with this project.
COUNCIL COMMENT:
Council Member Guerra indicated that he does not beI Option 2 of the SPA is a viable option.
He noted that the histohcal aspect is very important, that this project can change the face of Downey
and he is excited about the possibilities and would like to continue the discussions.
City Council/Community Dev. Comm. Minutes (adj.) 01/23/07 -2-
Mayor Pro Tem Gafin expressed that it is beneficial to the City to have general discussions at
this preliminary phase and that the proposed project will be a betterment to the entire City and not to
the detriment of other areas. He noted that this is simplya review to see if there is any interest for a
retail/residential use rather than warehousing and trucking as the SPA would allow, with many more
opportunities for further public input. He also would like to see the discussions go forward.
Council Member Cartozian expressed his frustration with the study session being a
presentation by the developer instead of the Council reviewing the Citys options. He discussed the
history of the property acquisition, the purchase and sales agreement terms, and protections in place
if the studios are not economically viable. He stressed that the Council should act responsibly and
consider all of the options before rushing into specific development proposals.
Council Member Bayer noted that she traveled to locations and reviewed other projects of
IRG prior to their development of the movie studio site. She expressed that IRG has experience with
historically significant properties and came to Downey and invested a lot of money. The City needs
to look at other alternatives for this site in a timely fashion, determining what is best for the City and
she does support moving forward in this review.
Mayor Trejo mentioned that he does have concern for the historical value of the land, noting it
is a high priority with the developer and he is pleased with the direction this proposal is taking. He
noted that the time of 6:00 p.m. was set for the completion of the regular Council meeting in a timely
rrianner
Economic Development Director Vose noted that real property negotiations in regards to this
site are on the Closed Session agenda this evening.
APPROVAL OF CLOSED SESSION MINUTES
It was moved by Mayor Pro Tem/Vice-Chairman GaIn, seconded by Council
Member/Commissioner Bayer, and unanimously carried to approve the Closed Session Minutes
of January 9, 2007.
RECESSED TO CLOSED SESSION
Mayor/Chairman Trejo announced the Council/Commission is recessing to Closed Session
(7:05 p.m.) to discuss matters under the authority of the following sections of the Government Code:
1. Government Code Section 54956.8 – Conference with real property negotiator Charles Vose
re: property at 12224 Lakewood Boulevard (Downey Studios); negotiating party Stuart
Lichter, Industrial Realty Group; under negotiations: price and terms of payment.
2. Government Code Section 54956.9(c) – Conference with legal counsel – anticipated
litigation. Initiation of litigation – one potential case.
3. Government Code Section 54957.6 – Conference with labor negotiator Lee Powell re:
direction for labor negotiations with Downey Firemen’s Association.
RECONVENED
The meeting reconvened in Open Session at 7:36 p.m. Wth all Council
Members/Commissioners present. There were no actions to report.
The meeting recessed at 7:36 p.m.
City Council/Community Dev. Comm. Minutes (adj.) 01/23/07 -3-
The meeting reconvened at 10:58 p.m. ®th all Council Members/Commissioners present
and immediately recessed to Closed Session.
The meeting reconvened in Open Session at 12:04 a.m. Wth all Council
Members/Commissioners present. There were no actions to report.
ADJOURNMENT- 12:04 a.m
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KATHLEEN L. MIDSTO}<KE, City Clerk/Secretary Fayo
City Council/Community Dev. Comm. Minutes (adj.) 01/23/07 4-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JANUARY 23, 2007
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Presentations
Ord. for ZC #06-97; Rezone 59 parcels from R-3 to R-2
Reso. #07-6965; Underground Utility District, Lakewood Blvd.
Ord . #07-1201; Moratorium Johni’es Broiler, 7447 Firestone
Non-Agenda Public Comment
Consent Calendar – Items for Removal
Council Minutes: Reg. & Adj. Mtg. 1/09/07, Special Mtgs.
Warrants: #219438-219841 : Wire Nos. 30001359-30001366
$3,368,872.80
CC #SS 567; Pavement Rehabilitation Project
Appropriate $20,839 Homeland Sec. GF, Water Facility Impv.
Appropriate $12,000 Anti-litter Campaign Banners
SEAACA Contract Amendment, Animal License Canvassing
CDC Operative Agreements Nos. 37 & 38
Reso. #07-6966; Parking Place Comm. Appt., Emery Sipos
Reso. #07-6968; Transportation Imp. Proj. Apps., LA Co. Mbtro
Ord. Amend DMC Sect. 3186, Speed Limits Quill Dr
Ord. #07-1202-Amend DMC Sect. 3186, Spd Limits Dowley Ave Adopted
Ord. #07-1 203-Amend DMC Subsect. 6182(d), Tele. Utility Tax Adopted
CC #660-City Hall HVAC
Introduced 1
2
3
4
5
5
5
Adopted
Adopted
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Adopted
Adopted
Introduced
5
5
5
5
6
6
6
6
6
6
6
7
8
8
9
Approved
Approved
Approved
Approved
Approved
CC #650-Downey Park Project
CC #655-Columbia Memorial Space Science Lrg. Center
Black & Veatch Agreement, Water Sys. Master Plan
City Council Committee Assignments 2007
JANUARY 23, 2007 TABLE
PAGE TWO
Best, Best & Krieger Agreement Approved
Reso. #07-6967-Parking Restrictions, Lakewood Blvd. Adopted
Council Member Announcements/Request for Future Agenda Items
Staff Comments
Adjournment
9
10
10
11
11
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JANUARY 23, 2007
The City Council of the City of Downey held a Regular Meeting at 7:40 p.m., January 23,
2007, in the Council Chamber of the Downey City HaBI, 11111 Brookshire Avenue, Downey,
California, Mayor Rick Trejo presiding.
PRESENT:Council Members:
Rick Trejo
David R. Gafin
Kirk O. Cartozian
Anne M. Bayer
Mario A. Guerra
Mayor
Mayor Pro Tem
ALSO PRESENT:Gerald Caton, City Manager
Charles S. Vose, City Attorney/Economic Development Director
Lee Powell, Assistant City Manager
Kathleen L. Midstokke, City Clerk
Scott Pomrehn, Assistant to the City Manager
Desi Alvarez, Public Works Director
Roy Campos, Chief of Police
Linda Haines, Development Services Director
John Michicoff, Finance Director
Thad Phillips, Community Services Director
Mark Sauter, Fire Chief
John Godlewski, City Planner
Susan Domen, Secretary to the City Clerk
PRESENTATIONS:
Council Member Guerra presented Certificates of Appointment to: Steve Allen, Planning
Commission; Carnel Anderson, Recreation and Community Services Commission; Kathi Bode, Art in
Public Places Advisory Committee; Robert Buckley, Emergency Preparedness Committee; Diana
Hansen, Hospital Commission; Robert Kiefer, Traffic Committee; Cecilia Ordonez, Public Facilities
Financing Corporation; Ruben Salgado, Emergency Preparedness Committee, all for Council District
Two
Council Member Bayer presented a Certificate of Appointment to Adam Christin, Water
Board for Council District Four.
PUBLIC HEARINGS:
1.ZONE CHANGE NO. 06-97, REZONING 59 PARCELS FROM R-3 TO R-2:
Development Services.
City Council Minutes 01/23/07 -1-
A.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS AND
APPROVING ZONE CHANGE NO. 06-97, THEREBY REZONING 59 PARCELS FROM
R-3 TO R-2 (BOUNDED BY HALL ROAD, BELLFLOWER BOULEVARD, LAKEWOOD
BOULEVARD AND SOUTHERN PACIFIC RAILROAD).
Mayor Trejo opened the Public Hearing at 7:49 p.m. City Clerk Midstokke affirmed receipt
of the Proof of Publication. It was moved by Mayor Pro Tem Gafin, seconded by Council Member
Bayer and so ordered to receive and file.
City Planner Godlewski presented a Power Point presentation stating that the 59 parcel area
is north of Hall Road and is currently zoned R-3 with a low medium density residential designation
on the Zoning Map. Through staff research it was discovered that the City had changed the zoning
of this area from R-2 to R-3 in 1958, however, it had never been changed on the Zoning Map. He
stated that this action will bring the parcels back into conformity with the General Plan and the use of
the properties since 1958. He concluded that there are a few properties that would become
nonconforming but would be able to remain as they are.
Council Member Guerra confirmed that the properties already existing with multiple units
would be able to remain if the Ordinance is passed and questioned whether or not there was a
commercial property in the area and was told it was outside the area.
Council Member Cartozian asked if the area north of Margaret Street will remain R-3 and
City Planner Godlewski stated they are already consistent with the General Plan. He then asked
about the area intersecting Adenmoor Avenue and Margaret Street and whether it would be non-
conforming. City Planner Godlewski responded that lot size dictates how many units in addition to
the zoning.
Mayor Trejo asked for clarification of what an R-3 zone allows and was informed that the
density is governed by two things, the zone designation and the General Plan designation.
Virgel Max (sp?), resident of Downey, stated he has the house on the corner of Iowa Street
and Bellflower Boulevard and City Manager Caton stated it would only allow 2 units.
It was moved by Council Member Guerra, seconded by Council Member Bayer and so
ordered to close the Public Hearing, the time being 8:01 p.m.
Council Member Cartozian thanked staff for this clean up item.
It was moved by Council Member Guerra, seconded by Council Member Bayer and
unanimously carried to introduce the Ordinance
2.UNDERGROUND UTILITY DISTRICT ALONG LAKEWOOD BOULEVARD FROM
APPROXIMATELY 350 FEET SOUTH OF GARDENDALE STREET TO APPROXIMATELY
550 FEET SOUTH OF DALEN STREET: Public Works.
A. ADOPTED RESOLUTION NO. 07-6965, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DOWNEY ESTABLISHING AN UNDERGROUND UTILITY DISTRICT
ALONG THE LENGTH OF LAKEWOOD BOULEVARD FROM APPROXIMATELY 350
FEET SOUTH OF GARDENDALE STREET TO APPROXIMATELY 550 FEET SOUTH
OF DALEN STREET AND CAUSING ALL SPECIFIED UTILITIES THEREIN TO BE
RELOCATED UNDERGROUND (UUD NO. 23)
City Council Minutes 01/23/07 -2-
Mayor Trejo opened the Public Hearing at 8:02 p.m. City Clerk Midstokke affirmed receipt
of the Proof of Publication. It was moved by Mayor Pro Tem Gafin, seconded by Council Member
Bayer and so ordered to receive and file.
Public Works Director Alvarez presented a staff report stating that the undergrounding of
utilities in this section is being proposed in conjunction with next phase of the Lakewood Boulevard
project. He continued that the engineers report establishes the boundaries of the district and staff
has notified all affected property owners.
Council Member Guerra questioned what the cost to the City would be for this project and
was informed that negotiations are continuing and the Utility District needs to be set up at this time
Carol Barr, resident of Downey, inquired what kind of impact there would be on the
residences of the cul-de-sac where she lives. Public Works Director Alvarez responded that there
will be no financial impact to the properties along Lakewood Boulevard and any purchasing of
property frontage has been negotiated. He continued that there should no impact to the
access/egress of the street during construction and that the cement light pole on her property
probably will remain.
It was moved by Mayor Pro Tem Gafin, seconded by Council Member Bayer and
unanimously carried to close the Public Hearing, the time being 8:11 p.m.
Council Member Cartozian noted that the City knew there would be costs involved when the
project was started and that he feels the Public Works Director is very capable of handling this. He
added that he is sympathetic to the needs of the residents.
Mayor Trejo noted this project aesthetically improves the City and safety in regards to
earthquakes. He would like to see portions of Florence Avenue undergrounded as well.
It was moved by Council Member Guerra, seconded by Council Member Bayer and
unanimously carried to adopt the Resolution.
ADMINISTRATIVE REPORT – SPECIAL ITEM:
3.ADOPTED ORDINANCE NO. 07-1201 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY PLACING A MORATORIUM ON THE APPROVAL OF ANY
SUBDIVISIONS, USE PERMITS, VARIANCES, OR ANY OTHER APPLICABLE
ENTITLEMENT WHICH WOULD ALLOW FOR THE DEVELOPMENT OF THE PROPERTY
LOCATED AT 7447 EAST FIRESTONE BOULEVARD AND COMMONLY KNOWN AS
JOHNIE’S BROILER, DECLARING THIS AN INTERIM ZONING ORDINANCE, AND
SETTING FORTH FACTS CONSTITUTING THE SAME AS AN URGENCY ORDINANCE;
AND SCHEDULED A PUBLIC HEARING FOR FEBRUARY 27, 2007, FOR
CONSIDERATION OF EXTENDING THE MORATORIUM: City Attorney.
City Attorney Vose stated that this is an Ordinance establishing a moratorium on permits for
development on the subject property to allow time for investigation of the un-permitted demolition
that occurred and to allow the Planning Commission the time to study the property and its historical
use requirements. He noted that this will set a Public Hearing for February 27, 2007, so that the
Council can review evidence and consider extending the moratorium. He explained that the
Planning Commission is currently studying a historical preservation ordinance will the intention of
making it applicable to this property.
City Council Minutes 01/23/07 -3-
Council Member Cartozian noted for the public that the 45 day period is all that is allowed at
this time and after the Public Hearing with factual findings a 1 year period can be adopted with one
extension available for a total period of 2 years.
The following people spoke in regards to this matter:
Harold Tseklenis
Adrian Biando
Glen Hungerford
Bob Goldstein
Vicki Van Lueven
Michael Palumbo
Nicole DeLeon
Analisa Hungerford
Vicki Van Lueven
George Redfox
Council Member Guerra mentioned that whoever did this did not follow the law and asked for
patience by the concerned citizens as the City needs to follow the laws that govern the available
options of prosecution. He noted that he feels the pain the citizens are feeling and has responded to
every email he has received.
Mayor Pro Tem Gafin noted his agreement that this will prevent anything further from
happening while the investigation is being conducted. He stated that the City is investigating the
options available to them at this time and noted we all need patience through this process. He
concluded that the Codes are there and if someone is going to break them then they will, however,
the City will follow all available options of prosecuting them for the violations.
Council Member Cartozian asked City Attorney Vose to be involved and vigilant in seeking
options available to the City and mentioned that there is a legal process that has to be followed. He
concluded that the Council will be vigilant in pursuing this matter.
Mayor Trejo mentioned that the City has always been involved in protecting historical
properties in Downey and that former Council Member Joyce Lawerence was the person who saved
the old Speedy McDonalds.
It was moved by Council Member Guerra, seconded by Mayor Pro Tem Gafin and
unanimously carried to adopt the Ordinance and schedule a Public Hearing for February 27,
2007
NON-AGENDA PUBLIC COMMENT:
George Redfox, resident of Downey, announced that on Thursday at the Barbara Riley
Center there would be a presentation by Alan Hess, author/architect at 7:30 p.m. and is free to
everyone.
Sarah Peterson, resident of Downey, questioned why residents have to pay to park at
Wilderness Park, and stated that a used car lot only pays $30 for a business license which seemed
unfair
Vicki Van Lueven, resident of Downey, stated that it is unfair to the residents around
Wilderness Park to have to pay to park there when there is no charge at other parks; she stated her
concerns regarding the medians on Paramount Boulevard that block access to businesses and don't
allow for u-turns at the signals; and she noted her concerns regarding the median plantings
throughout the City.
Richard Pridham, resident of Downey, noted his concerns with the City enforcing the Codes
already in place; mentioned different types of plantings that could be used by Downey Ford to
replace the infected Oleanders; reported shipping containers being used for storage; and stated his
concern for wires being on the ground and someone getting hurt.
City Council Minutes 01/23/07 -4-
Mat Knox, owner of Stormforce, suggested that the Council encourage IRG to work in good
faith with businesses currently located on the studio lots and give fair warning so their businesses
aren’t endangered.
Larry Latimer, resident of Downey, thanked the Council, City Manager and staff for their
efforts in making the Columbia Memorial Space Science Learning Center a reality. He noted it had
been a long road and it is very important for the City to honor the history of the site.
CONSENT CALENDAR – ITEMS FOR REMOVAL:
7.APPROVE AGREEMENT FOR LEGAL SERVICES WITH BEST, BEST & KRIEGER: City
Attorney. This item was removed by Council Member Guerra and is listed under Other
Business below.
12.APPROVE RIGHT-OF-WAY PURCHASE WITH JAMES/RONALD KRISS & RICHARD
SCHRAER FOR A PORTION OF PROPERTY AT 12565 LAKEWOOD BOULEVARD FOR
$800,000 FOR THE LAKEWOOD BOULEVARD IMPROVEMENT PROJECT: Public
Works. This item was withdrawn by staff.
14.ADOPT RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY RESTRICTINGMKING TO TWO HOURS BETWEEN 7 A.M. AND
6 P.M. DAILY, EXCEPT ON HOLIDAYS, UPON THE EAST SIDE OF THE WESTERLY
FRONTAGE ROAD ALONG LAKEWOOD BOULEVARD. EXTENDING ONE BLOCK IN
BOTH DIRECTIONS FROM DEMING AVENUE: Public Works. This item was removed by
Council Member Guerra and is listed under Other Business below.
CONSENT CALENDAR:
It was moved by Council Member Bayer, seconded by Council Member Guerra, and
unanimously carried to approve the remaining Consent Calendar items as recommended:
4.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings January 9,
2007: City Clerk.
5.APPROVED WARRANTS ISSUED: Nos. 219438 – 219841 : Wire Nos. 30001359 –
30001366; in the total amount of $3,368,872.80: Finance.
6.CASH CONTRACT S.S. 567: APPROVED PLANS AND SPECIFICATIONS AND
GRANTED AUTHORITY TO ADVERTISE FOR BIDS FOR RESIDENTIAL STREET
PAVEMENT REHABILITATION PROJECT: Public Works.
8.APPROPRIATED $20,839 FROM THE STATE OF CALIFORNIA HOMELAND SECURITY
GRANT PROGRAM FOR WATER FACILITY SECURITY IMPROVEMENTS: Public Works.
9.APPROPRIATED $12,000 FOR THE PURCHASE AND INSTALLATION OF BANNERS
FOR THE ANTI-LITTER CAMPAIGN: Public Works.
10.APPROVED AMENDMENT TO CONTRACT WITH SOUTHEAST AREA ANIMAL
CONTROL AUTHORITY (SEAACA) TO PROVIDE ANIMAL LICENSE CANVASSING:
Finance
City Council Minutes 01/23/07 -5-
11.APPROVED OPERATIVE AGREEMENTS NO. 37 AND NO. 38 WHEREBY THE CITY
LOANS $1,150,000 TO THE COMMUNITY DEVELOPMENT COMMISSION:
Administration.
13.ADOPTED RESOLUTION NO. 07-6966, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE APPOINTMENT OF EMERY SIPOS TO THE
PARKING PLACE COMMISSION FOR COUNCIL DISTRICT TWO: Administration.
15.ADOPTED RESOLUTION NO. 07-6968, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE SUBMiTrAL OF TRANSPORTATION
IMPROVEMENT PROJECT APPLICATIONS FOR THE 2007 LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY (METRO) CALL FOR PROJECTS:
Public Works
16.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO THE
SPEED LIMIT FOR QUILL DRIVE: Public Works.
17.ADOPTED ORDINANCE NO. 07-1202, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE
RELATING TO THE SPEED LIMIT FOR DOWNEY AVENUE: Public Works.
18.ADOPTED ORDINANCE NO. 07-1203, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AMENDING SUBSECTION 6182(d) OF THE DOWNEY MUNICIPAL
CODE RELATING TO EXEMPTIONS FROM THE TELEPHONE UTILITY USERS TAX:
Administration.
ADMINISTRATIVE REPORTS:
19.CASH CONTRACT NO. 660: CITY HALL HEATING, VENTILATION AND AIR
CONDITIONING UPGRADE: AWARDED CONTRACT IN THE AMOUNT OF $925,935 TO
LIBERTY CLIMATE CONTROL, INC.; AUTHORIZED CHANGE ORDER TO ISHll
ENGINEERING IN THE AMOUNT OF $12,000 TO ASSIST THE CITY IN CONSTRUCTION
CONTRACT ADMINISTRATION AND APPROPRIATED $1,018,265 FROM THE GENERAL
FUND: Public Works.
Public Works Director Alvarez gave a staff report noting that the current HVAC system is old
and needs to be replaced as it is not able to keep up with the building demands. He stated that the
City has spent a significant sum over the last several years to keep it working. The City requested
bids for replacement of the system and four bids were received. The low bidder was Liberty Climate
Control, Inc. and staff is requesting a contract be awarded to them and a change order for lshii
Engineering to assist in the construction and contract administration.
Council Member Cartozian asked for clarification on what fund the monies will come out of
and was informed it would be the General Fund.
Council Member Guerra inquired as to the timeline for completion of the project and was
informed that is should be completed in July and the work will mostly be in the evenings.
Mayor Trejo asked if the system will be an energy efficient system and was informed that all
new systems are energy efficient.
It was moved by Mayor Pro Tem Gafin, seconded by Council Member Bayer and
unanimously carried to approve staff recommendation.
City Council Minutes 01/23/07 -6-
20.CASH CONTRACT NO. 650: DOWNEY PARK PROJECT AT 12400 CLARK AVENUE:
AWARDED CONTRACT IN THE AMOUNT OF $6,144,372 TO GRIFFITH COMPANY AND
APPROPRIATED $1,515,537 FROM THE WATER FUND: Public Works.
Public Works Director Alvarez gave a staff report noting that with the purchase of the NASA
property a certain amount was set aside for public improvements such as the construction of a new
public park. Plans and specification were approved last fall and staff advertised for bids through
extensive outreach to the contractors. He noted that 5 bids were received and were all over the
original engineers estimate. It is being recommended to award the base bid at this time and not to
include the alternates. This includes 2 baseball fields, 2 soccer fields, construction of a parking lot,
center landscaping, 2500 square feet of pathways, pre-manufactured restroom facility, extensive
side landscaping with over 250 trees, an extensive recycled water irrigation system, extensive
grading, installation of 1600 amp electrical distribution system for future lighting, construction of an 8
acre foot infiltration retention basin to mitigate storm water drainage needs.
Council Member Guerra noted that storage facilities for the ball field needs to be considered
and asked for the timeline of the project. Director Alvarez responded that construction should start
in approximately six weeks with completion estimated to be the end of 2007, beginning of 2008.
Council Member Guerra mentioned some type of historical aspect should be incorporated. Such as
a monument to the history of the area.
Council Member Cartozian asked for the status of having a city-wide naming contest for the
park through all schools in Downey. City Manager Caton responded he would have staff meet with
him
Council Member Gafin asked for staff to consider looking for grants and including some of
the alternative add-ons to be included in next year’s budget.
Vicki Van Lueven, resident of Downey, stated her concerns for building a new park when
other parks need improvements and questioned why we are charging an entrance fee at a park.
Harold Tseklenis, resident of Downey, asked that solar lighting systems be looked into for the
park
Bob Goldstein, resident of Downey, inquired where the $300,000 that was set aside for the
ball field lighting is being utilized if the lights aren’t being installed at this time and was informed that
it will pay for the infrastructure for the lighting system.
Scott Astin, Contect Stormwater Solutions, inquired whether or not maintenance was
considered on the stormwater trap and if the alternate system could be used. Public Works Director
Alvarez stated that the bids submitted were what the City is bound by and that maintenance is
included
Council Member Guerra noted his excitement about a new park and reiterated that the
alternative add-ons are important to get completed timely.
Council Member Cartozian asked that staff look into costs for solar lighting.
It was moved by Council Member Cartozian, seconded by Council Member Bayer and
unanimously carried to approve staff recommendation.
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21.CASH CONTRACT NO. 655: COLUMBIA MEMORIAL SPACE SCIENCE LEARNING
CENTER PROJECT AT 12400 CLARK AVENUE: AWARDED CONTRACT IN THE
AMOUNT OF $7,139,000 TO TOWER GENERAL CONTRACTORS AND APPROPRIATED
$3,245,545 FROM THE PROCEEDS OF THE DOWNEY LANDING ESCROW (FUND 61):
Public Works
Public Works Director Alvarez gave a staff report mentioning that Council had approved the
plans and specifications for the Learning Center at the same time as the park. 9 bids were received
and all came in over the engineers estimated costs. He continued that this includes the construction
of an 18,500 square foot, 2 story building with a lobby, retail space, resource center and library,
robotics center, discovery center, restrooms, mechanical equipment room and loading dock on the
1 “ floor. The 2-d floor would hold the science discovery area and administrative offices. He
concluded that staff is recommending awarding of the contract to the low bidder, Tower General
Contractors .
Mayor Pro Tem Gafin asked if there are any type of guarantees on number of change orders
coming through that would increase the actual cost of the project and was told that there most likely
would be change orders; however, the award has a 10% contingency and staff is very aggressive in
administering contracts and minimizing change orders.
Council Member Guerra inquired how the City would pay to run the facility after it is
constructed and City Manager Caton responded that there would be an entrance fee charged for
attendees. He noted the Foundation is in charge of seeking additional funding sources, however, it
will probably be operated at a loss.
Council Member Cartozian stated that the City knew that this project was going to be an
expense, however, they were dedicated to building this type of facility. He noted the problem in the
length of time getting to this point is that construction costs along with everything else, have
escalated. He concluded that the Endowment might be able to offset some of the costs.
City Manager Caton noted that most projects like this start out with a debt service. This
project is being built from profits of Downey Landing and is starting out without any debt. He
continued that Federal government funds paid for the design and most of the major exhibits and the
non-profit group is working on building up an endowment fund. City Manager Caton concluded that
there is still a lot of work going on for this project to make it successful.
Harold Tseklenis, resident of Downey, noted this has taken a long time to get to this point
and asked if solar energy for the building had been looked into.
It was moved by Council Member Bayer, seconded by Council Member Cartozian and
unanimously carried to approve staff recommendation.
The meeting recessed at 9:57 p.m. and reconvened at 10:04 p.m. with all Council Members
present
22.APPROVED AN AGREEMENT WITH BLACK & VEATCH FOR THE DEVELOPMENT OF A
WATER SYSTEM MASTER PLAN, IN THE AMOUNT OF $700,000: Public Works.
Public Works Director Alvarez gave a staff report stating that this item is for the development
of Water System Master Plan. Currently the City provides water for over 100,000 people with the
lowest residential water rates in the County. He continued that we rely 100% on a groundwater
basin system with 20 groundwater wells that pump water into distribution system. There are issues
that need to be addressed such as the facilities are aging, the ability to meet demand, and evolving
regulatory orders. Currently no treatment occurs to our water, however, with the evolving regulatory
City Council Minutes 01/23/07 -8-
framework it will cause treatment to occur in the future. The ability of a well to produce water
declines over time and the shallower the wells the more chance of contaminates entering the wells.
Director Alvarez explained that the system will need to expand to meet future needs. He noted the
City also needs to look into water rate increases, as they have been the same rate since 1992.
Mayor Pro Tem Gafin stated that it is unique that we are on well water and urged the City to
do whatever it takes to not have to go to chlorinating the water.
It was moved by Mayor Pro Tem Gafin, seconded by Council Member Bayer and
unanimously carried to approve the agreement with Black & Veatch.
OTHER BUSINESS:
23.APPROVED CITY COUNCIL COMMITTEE ASSIGNMENTS FOR 2007: Mayor Trejo.
Mayor Pro Tem Gafin asked that he be made the primary on the Chamber of Commerce
Board of Directors and Council Member Guerra be listed as the alternate.
Council Member Guerra asked that he be listed as the alternate for the Gangs Out of
Downey (G.O.O.D.) committee.
Council Member Cartozian stated that he still planned on attending the meetings and has
asked G.O.O.D. to not have any discussions on potential conflicts of interest if three council
members were present.
It was moved by Mayor Pro Tem Gafin, seconded by Council Member Bayer and
unanimously carried to approve the Committee assignments as amended.
CONSENT CALENDER – ITEMS REMOVED BY COUNCIL APPROVAL:
7.APPROVED AGREEMENT FOR LEGAL SERVICES WITH BEST, BEST & KRIEGER: City
Attorney
Council Member Guerra asked why there was a need for additional legal services when we
have a full time City Attorney. City Manager Caton explained that while we have a City Attorney on
staff, we do not employ the support staff of a legal firm and we contract out for these services. He
continued that this item is only being brought forward because the current firm the City has a
contract with does not want to continue this type of work and that 2 principals from the current firm
have left and gone to the new firm which is being recommended. Council Member Guerra
mentioned that in exhibit B1, there are 2 different prices listed for property acquisitions and he
doesn't see these as something so complex that staff cannot handle. City Manager Caton noted
that this could be struck from the contract as the City would hire a firm that specializes in this type of
transactions for anything that was complex.
Council Member Cartozian stated he feels the City Attorney is more than capable to handle
most litigation.
Vicki Van Lueven, resident of Downey, noted her concerns with using this firm.
It was moved by Mayor Pro Tem Gafin, seconded by Council Member Bayer and
unanimously carried to approve the agreement.
City Council Minutes 01/23/07 -9-
14.ADOPTED RESOLUTION NO. 07-6967, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY RESTRICTING PARKING TO TWO HOURS BETWEEN 7 A.M. AND
6 P.M. DAILY, EXCEPT ON HOLIDAYS, UPON THE EAST SIDE OF THE WESTERLY
FRONTAGE ROAD ALONG LAKEWOOD BOULEVARD, EXTENDING ONE BLOCK IN
BOTH DIRECTIONS FROM DEMING AVENUE: Public Works.
Council Member Guerra mentioned he had driven the area and can see what the concern is,
however he thinks that this should be extended to both sides of the street.
Public Works Director Alvarez stated this item had been brought to the City by residents on
the street and noted that this may need to be revisited if it doesn’t work.
Council Member Gafin explained that a resident had come up to him prior to the meeting and
explained that there is no where to park their cars on the weekends as used cars are being parked
there with “For Sale” signs on them. He asked if the City could allow permit parking for residents
and was told that the City does not have any preferential parking programs.
City Manager Caton asked if the times could be limited to weekends only since that is when
the major problem occurs and was told that it can be done for a limited time frame as well.
Umberto Celise, resident of Downey, explained that he had taken pictures of the plates on
the cars and had followed them to car dealerships outside of Downey. He agreed that the two hour
parking on one side of the street will work while still leaving parking for the residents.
Council Member Guerra asked if the City could look into selective permit parking and was
told that the City would have to develop a program.
City Attorney Vose stated that this could be done, but it would have to be City-wide and not
an isolated area.
It was moved by Council Member Guerra, seconded by Council Member Bayer and
unanimously carried to adopt the Resolution.
OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items:
A. CONFERENCE AND MEETING REPORTS.
Council Member Bayer reported that she had attended Southeast Area Animal Control
Authority and Council of Government meetings today; and along with Water Facilities Corporation
member Fay Campbell, attended a weekend water tour hosted by Metropolitan Water District which
was very informative.
Council Member Guerra reported that he attended the New Mayor and Council Members
Conference hosted by League of California Cities in Sacramento. He reported that there were over
four hundred attendees and break-out sessions on many pertinent subjects.
ANNOUNCEMENTS OR REQUESTS FOR FUTURE AGENDA ITEMS:
Council Member Cartozian requested that this portion of the meeting be moved up before
presentations; stated he attended Warren High School’s theatrical performance; and noted he will be
attending an upcoming Independent Cities Association conference in Santa Barbara
City Council Minutes 01/23/07 -10-
Council Member Guerra requested that a fence be put up around the City north parking lot
across from the Police Department; that the City Attorney review news rack regulations regarding
adult materials; that the City publicize the “Character Counts” program at City sites and utilize
banners; and congratulated Mayor Pro Tem Gafin on his theatrical performance over the weekend.
Mayor Pro Tem Gafin noted he had attended the 105*h anniversary of the Chamber of
Commerce; attended the Keep Downey Beautiful clean-up at Independence Park; mentioned St.
Raymond’s would be having their Catholic school week celebration January 31 ;t; would be attending
the Bar Association dinner and presenting Certificates of Appreciation; and requested a review of
the parking fees charged at Wilderness Park.
STAFF MEMBER COMMENTS:
City Manager Caton noted it is great that people can say whatever they want; however, he
took umbrage to the insinuations that the Police Department allowed the crime to be committed at
Johnie’s and were slow to respond to it.
The meeting recessed to Closed Session at 10:58 p.m.
The meeting reconvened at 12:04 a.m. with all Council Members present and no actions to
report
ADJOURNMENT: 12:04 a.m
The meeting adjourned at 12:04 a.m. to 6:30 p.m. February 13, 2007.
A.2/
KATHLEEN L. iMIDSTOKKE, City Clerk I
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