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HomeMy WebLinkAboutMinutes - 12-15-09 Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING DECEMBER 15, 2009 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:33 p.m., December 15, 2009, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairperson Anne M. Bayer presiding. PRESENT:Council Members/Commissioners: Anne M. Bayer Luis H. Marquez Roger C. Brossmer David R. Gafin Mario A. Guerra Mayor/Chairperson Mayor Pro Tem/Vice-Chairperson absent ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Lee Powell, Assistant City Manager Ross Trindle, Acting City Attorney/Agency Counsel Kathleen L. Midstokke, City Clerk/Secretary Desi Alvarez, Deputy City Manager/Special Projects Gilbert Livas, Deputy City Manager/Community Development Scott K. Pomrehn, Assistant Deputy City Manager Other City Staff PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None. APPROVED CLOSED SESSION MINUTES: November 24, 2009. It was moved by Council Member/Commissioner Brossmer, seconded by Council Member/Commissioner Gafin and unanimously carried (4/0) to approve. RECESSED TO CLOSED SESSION: Mayor/Chairperson 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 54956.8 – Conference with real property negotiator Gerald Caton re: property located at 12224 Lakewood Boulevard (Downey Studios); negotiating party: Stuart Lichter, Industrial Realty Group; under negotiations: price and terms of payment. 2. Government Code Section 54957 – Public Employee Appointment - Community Development Director. City Council/Community Dev. Comm. Minutes (adj.) 12/15/09 -1 - RECONVENED: The meeting reconvened in Open Session at 7:29 p.m. ®th all Council Members/Commissioners present. City Manager Caton announced that the Council had unanimously approved the appointment of Brian Saeki as the new Community Development Director. ADJOURNMENT: The meeting adjourned at 7:30 p.m. \,&/?-a +24 &' L. MIDSTOK©City Clerk/Secretary Lb KATH LEE:/1 City Council/Community Dev. Comm. Minutes (adj.) 12/1 5/09 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING DECEMBER 15, 2009 The City Council of the City of Downey held an Adjourned Regular Meeting at 7:33 p.m., December 15, 2009, 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 Luis H. Marquez Roger C. Brossmer David R. Gafin Mario A. Guerra Mayor Mayor Pro Tem ALSO PRESENT:Gerald M. Caton, City Manager Lee Powell, Assistant City Manager Ross Trindle, Acting City Attorney Kathleen L. Midstokke, City Clerk Desi Alvarez, Deputy City Manager/Special Projects Gilbert Livas, Deputy City Manager/Community Development Scott K. Pornrehn, Assistant Deputy City Manager Rick Esteves, Police Chief John Michicoff, Finance Director Thad Phillips, Community Services Director Brian Ragland, Public Works Director Jeff Turner, Fire Chief Susan Domen, Deputy City Clerk Other Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Council Member Gafin noted he attended the American Public Works Association Southern California Chapter meeting with the Mayor to receive awards for the Streets and Transportation Category, Buildings and Athletic Field categories. He wished everyone a safe and Merry Christmas and New Year. Council Member Guerra announced that Keep Downey Beautiful will be hosting a clean-up at 9 a.m. on Saturday at the Denney’s Restaurant on Firestone Boulevard; the dedication of the Habitat for Humanity house will be Saturday afternoon; he will be attending the Warren High School Football banquet tomorrow night; Thursday he will be reading at Gallatin Elementary School; he spoke to the Whittier Rotary club two weeks ago; and Tessla Motors donated toy cars to distribute to kids in the community. City Council Minutes 12/1 5/09 (adj.)-1- Council Brossmer announced he attended two Neighborhood Watch meetings; he commended the coordinator Juddy Ceniceros, the Police Department and Deputy City Manager Sauter for their efforts in these meetings; he complimented the residents of Treasure Island for their publication “Island Breeze”; and requested that the grass at the Discovery Sports Complex be repaired Mayor Pro Tem Marquez recognized his sister, nephew and father in the audience; he wished everyone a Merry Christmas and Happy Holidays. Council Member Guerra stated the Congress Member Maxine Waters supported a bill that allocates $7 billion dollars in funding for abandoned homes and requested staff to look into receiving these funds PRESENTATIONS: Integrated Waste Coordinator Simmons and Mayor Bayer presented the Used Oil Recycling Calendar Artwork Contest winners. The meeting recessed at 7: 55 p.m. and reconvened at 7:59 p.m. with all Council Members present PUBLIC HEARINGS: 1.ZONE CHANGE AT 9920 – 9990 LAKEWOOD BOULEVARD (NO. 09-52): Community Development. A. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND REZONING PROPERTY LOCATED AT 9920-9990 LAKEWOOD BOULEVARD FROM C-1 (NEIGHBORHOOD COMMERCIAL) AND C-2 (GENERAL COMMERCIAL) TO BE ENTIRELY WITHIN THE C-2 ZONE. Mayor Bayer opened the Public Hearing at 8:00 p.m. City Clerk Midstokke affirmed receipt of Proof of Publication of Notice. It was moved by Council Member Brossmer, seconded by Council Member Gafin and so ordered to receive and file. Senior Planner Blumenthal presented a Power Point presentation explaining that the rezoning of this property will allow the entire property to be zoned for the same uses and to clean-up the inconsistency on the property, therefore, improving the leasing abilities for the property. Council Member Brossmer asked for an example of what type of use is allowed in C-2 that is not allowed in C-1 and was told live entertainment, bank cashing services or alcohol sales. Council Member Guerra questioned what the need for the change is, if there are no anticipated changes in the types of tenants and it was explained that a tutoring location could not locate on one half of the center but could on the other half and the property needs to be made consistent Jim Gotses, representative of the property owner, stated that they simply want a broader option of tenants able to occupy the center. City Council Minutes 12/1 5/09 (adj.)-2- There being no further speakers, it was moved by Council Member Brossmer, seconded by Council Member Gafin and so ordered to close the Public Hearing the time being 8:05 p.m. It was moved by Council Member Brossmer, seconded by Council Member Gafin and unanimously carried to introduce the Ordinance. 2.ORDINANCE EXTENDING A MORATORIUM ON MEDICAL MARIJUANA DISPENSARIES: City Attorney. A. ADOPTED ORDINANCE NO. 09-1255, AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY EXTENDING INTERIM URGENCY ORDINANCE NO. 09-1254 FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS. AND CONTINUE FOR THIS PERIOD THE TEMPORARY PROHIBITION AGAINST ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES. Mayor Bayer opened the Public Hearing at 8:06 p.m. City Clerk Midstokke affirmed receipt of Proof of Publication of Notice. It was moved by Council Member Brossmer, seconded by Council Member Gafin and so ordered to receive and file. Acting City Attorney Trindle presented a staff report explaining that this would provide the needed time for staff to completely study the aspects on this matter. Mark Adams, Director of the Chapter of the Medical Cannabis Association and Manager of Herbal Solutions, stated that they opened the doors on June 20th of this year and are now closed due to the Moratorium on centers in Downey. He read excerpts of letters from patients of his center. He noted that there was an appeal hearing scheduled for November 18th and was cancelled when the Moratorium was enacted. He feels they did not have an opportunity to present their case and this is harming the patients that cannot receive the prescriptions. He requested that the Moratorium be amended to allow the existing facilities to operate until the final Ordinance is drafted. There being no further speakers, it was moved by Council Member Brossmer, seconded by Council Member Gafin to close the Public Hearing the time being 8:13 p.m. Council Member Gafin noted that Mr. Adams contacted him and presented him with information on the item: Proposition 214 text, Senate Bill 420 text, Department of Justice memorandum and various documents/ordinances from other municipalities. Council Member Brossmer asked where the closest collective is and was told Santa Fe Springs and Whittier. He then asked how many members were in the collective and was told 1,500. Council Member Guerra asked what Business License the facility had opened under and was told Herbal Remedies. He then asked if the 1,500 members were sent to them through doctors prescriptions and was told that they were doctor recommendations. He then questioned how they determine if it is someone abusing the system and was told that that is determined by the doctors. Council Member Brossmer noted his concerns for the abuse of marijuana and the problems in the School District. He agreed there is a legitimate need, but it is not confined to that use and would like further research done. Council Member Guerra agreed that there is a real need for medical purposes; however it is being abused by some. He stated he wants the item to come back quickly. It was moved by Council Member Guerra, seconded by Council Member Brossmer and unanimously carried to adopt the Ordinance. City Council Minutes 12/1 5/09 (adj.)-3- NON-AGENDA PUBLIC COMMENT: Lars (_,lutterham, resident of Downey, noted that Thursday Downey will be celebrating “A Day Without a Bag” along with the rest of Los Angeles County and presented reusable shopping bags to the Council CONSENT ITEMS REMOVED: 7.CASH CONTRACT NO. S.S. 592 - APPROVE PLANS AND SPECIFICATIONS; AND GRANT AUTHORITY TO ADVERTISE FOR BIDS FOR STREET IMPROVEMENTS AT VARIOUS LOCATIONS – DOWNEY AVENUE, BROOKSHIRE AVENUE, RIVES AVENUE AND 5TH STREET: Public Works. This item was removed at the request of Council Member Guerra and is listed under Other Business below. 8.CASH CONTRACT NO. S.S. 599 – AWARD CONTRACT TO SIALIC CONTRACTORS CORPORATION DBA SHAWNAN IN THE AMOUNT OF $2,981,662 FOR THE IMPERIAL HIGHWAY TRAFFIC THROUGHPUT AND SAFETY ENHANCEMENTS PROJECT – PHASE 2 AND APPROPRIATE $362,610 1N PROPOSITION C FUNDS: Public Works. This item was removed at the request of Council Member Guerra and is listed under Other Business below. CONSENT CALENDAR: It was moved by Council Member Brossmer, seconded by Council Member Gafin and unanimously carried to approve the remainder of the Consent Calendar items as recommended: 3.APPROVED CITY COUNCIL MINUTES: Regular Meeting November 24, 2009; Adjourned Meetings November 24, 25 and December 8, 2009: City Clerk. 4.APPROVED WARRANTS ISSUED: Warrant Nos. 245662 – 246143: Wire Nos. 529 – 533 and 30002033 – 30002050; in the total amount of $5,559,999.58: Finance. 5.APPROPRIATED SUPPLEMENTAL LITERACY GRANT FUNDS IN THE AMOUNT OF $853: Community Services. 6.APPROVED $760,936.38 1N CARRY-FORWARD APPROPRIATIONS FOR THE FISCAL YEAR ENDED JUNE 30, 2009: Finance. 9.CASH CONTRACT NO. 664B – GRANTED AUTHORITY TO RE-ADVERTISE FOR BIDS FOR FIRE STATION NO. 1 PERIMETER WALLS PROJECT: Public Works. 10.APPROVED AMENDMENT FOR THE SR-91/1-605/1-405 MAJOR CORRIDOR STUDY IMPLEMENTATION AGREEMENT WITH THE GATEWAY CITIES COUNCIL OF GOVERNMENTS: Public Works. 11.APPROVED GRANT AGREEMENT WITH SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT. AUTHORIZED THE RECRUITMENT AND HIRING OF FIVE STUDENT WORKERS, AND APPROPRIATED $136,126: Public Works. City Council Minutes 12/15/09 (adj.)-4- 12.REAPPOINTMENT TO THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT: Council Member Gafin. A. ADOPTED RESOLUTION NO. 09-7170, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF MEREDITH H. PERKINS TO THE BOARD OF TRUSTEES OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT. ADMINISTRATIVE REPORTS: 13.APPROPRIATED $40,000 FROM THE GOLF COURSE FUND FOR THE INSTALLATION OF 100 FEET OF NETrING ALONG THE 9TH HOLE AND A 10 FOOT HIGH SERVICE ENTRANCE GATE AT RIO HONDO GOLF COURSE: Community Services. Community Services Director Phillips presented a Power Point presentation explaining that a study was conducted on the relief of errant golf balls damaging local properties and noted that two options were presented. He noted that staff is recommending the first option based on a letter that was sent to the homeowners and the responses received. Council Member Guerra asked if the fence could be lowered four feet on the second segment and was told no because of the landscaping vehicles that enter through the gate. Patti Coates, resident of Downey, noted that as a homeowner in the area she is in favor of the first option. It was moved by Council Member Guerra, seconded by Mayor Pro Tem Marquez and unanimously carried to appropriate the funds. 14.APPROVED HIRING A CONSULTANT FOR A PUBLIC ART SCULPTURE OF JOHN GATELY DOWNEY TO BE PLACED IN FRONT OF CITY HALL: Community Services. Community Services Director Phillips presented a staff report explaining that a consultant would be hired to research artists for the sculpture. He noted that staff could solicit proposals but he feels this would slow the process down. Council Member Guerra asked if the consultant that does work for Cerritos would be used and was told a proposal would be requested from them. He asked what the time frame and if Council will have final approval and was told that it would be done as timely as possible and yes Council would have final approval. Harold Tseklenis, resident of Downey, stated that the Art in Public Places Committee had not approved of or recommended hiring a consultant as it had not been brought to them. He suggested that this be put on hold until a response has been received from Ireland where a request was already sent. Mayor Guerra stated that the consultant can handle the process from beginning to end. Mayor Pro Tem Marquez asked what role the advisory committee plays and was told they would review recommendations from consultant and present a recommendation to the Council. He noted he would also like to see a water feature incorporating the aerospace legacy to be researched . City Council Minutes 12/15/09 (adj.)-5- It was moved by Council Member Guerra, seconded by Mayor Pro Tem Marquez and unanimously carried to approve hiring a consultant. OTHER BUSINESS; ITEMS REMOVED: 7.CASH CONTRACT NO. S.S. 592 – APPROVED PLANS AND SPECIFICATIONS; AND GRANTED AUTHORITY TO ADVERTISE FOR BIDS FOR STREET IMPROVEMENTS AT VARIOUS LOCATIONS – DOWNEY AVENUE, BROOKSHIRE AVENUE, RIVES AVENUE AND 5TH STREET: Public Works. Council Member Guerra noted he pulled this item to highlight the work being done. It was moved by Council Member Guerra, seconded by Council Member Brossmer and unanimously carried to approve the Cash Contract. Prior to the vote, Harold Tseklenis, resident of Downey, thanked Public Works for doing a great job maintaining the streets and noted that sidewalks should be installed along Rives Avenue near the railroad tracks and Firestone Boulevard. City Manager Caton noted that this is private property and staff is working with the owners to improve the conditions. 8.CASH CONTRACT NO. S.S. 599 – AWARDED CONTRACT TO SIALIC CONTRACTORS CORPORATION DBA SHAWNAN IN THE AMOUNT OF $2,981,662 FOR THE IMPERIAL HIGHWAY TRAFFIC THROUGHPUT AND SAFETY ENHANCEMENTS PROJECT – PHASE 2 AND APPROPRIATED $362,610 1N PROPOSITION C FUNDS; Public Works Council member Guerra noted that this project is putting in medians from one end of city to other and asked for assurance that access to the gas station, Beaches Market and the other business on that corner lot be maintained. City Manager Caton agreed that a left turn lane is needed and noted that he had never met a business owner who is in favor of medians. The following persons spoke in regards to this item: Ron Beach Steve Grolky Cedric Kuong Shawn Smith Jon Griffean Council Member Guerra stated that he brought up previously changing the landscaping and would still like to discuss it. Council Member Gafin noted that the landscape issue was a majority vote to leave as presented. it was moved by Council Member Brossmer, seconded by Council Member Gafin and unanimously carried to approve the Cash Contract. City Council Minutes 12/1 5/09 (adj.)-6- COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS: Mayor Bayer noted she received a memo from a neighbor that had their water turned off during the holidays and thanked Public Works for getting it turned back on so quickly. STAFF COMMENTS: City Manager Caton stated that for 20 years Mr. Powell has been co-City Manager and is responsible for the City’s current financial situation. He thanked him for all his years of service to the City ADJOURNMENT: The meeting adjourned at 9:10 p.m. to 6:30 p.m., January 12, 2010 in memory of Elenore Gasdia, longtime Downey resident and mother of Downey Superior Court Judge Brian Gasdia. 4MZdg. ?adamdo KATHLEEN L. MiDSTOKKE, City Clerk a /P / City Council Minutes 12/1 5/09 (adj.)