HomeMy WebLinkAboutMinutes 01-12-10 Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
JANUARY 12, 2010
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:31 p.m., January 12, 2010, 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
ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director
Gilbert Livas, Assistant City Manager
Edward W. Lee, City Attorney/Agency Counsel
Kathleen L. Midstokke, City Clerk/Secretary
Desi Alvarez, Deputy City Manager/Special Projects
Mark Sauter, Deputy City Manager/Emergency Services
Scott K. Pomrehn, Assistant Deputy City Manager
Other City Staff
PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None.
APPROVED CLOSED SESSION MINUTES: December 15, 2009.
It was moved by Council Member/Commissioner Brossmer, seconded by Mayor Pro Tem/Vice-
Chairperson Marquez and was so ordered to approve.
RECESSED TO CLOSED SESSION:
Mayor/Chairperson Bayer announced the Council/Commission is ncessing to Closed
Session (6:31 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 54957.6 – Conference with labor negotiators Council Members
Brossmer and Gafin re: direction for labor negotiations with City Manager.
City Council/Community Dev. Comm. Minutes (adj.) 01/12/10 -1 -
RECONVENED:
The meeting reconvened in Open Session at 7:30 p.m. ath all Council
Members/Commissioners present. There were no actions to report.
ADJOURNMENT:
The meeting adjourned at 7:30 p.m.
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KATHLEEN L. MIDSTOKKE, City Clerk/Secretary
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ANNE M BAYERa
City Council/Community Dev. Comm. Minutes (adj.) 01/12/10 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JANUARY 12, 2010
The City Council of the City of Downey held a Regular Meeting at 7:33 p.m., January 12,
2010, 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. Brossrner
David R. Gafin
Mario A. Guerra
Mayor
Mayor Pro Tem
ALSO PRESENT:Gerald M. Caton, City Manager
Edward W. Lee, City Attorney
Gilbert Livas, Assistant City Manager
Kathleen L. Midstokke, City Clerk
Desi Alvarez, Deputy City Manager/Special Projects
Mark Sauter, Deputy City Manager/Emergency Services
Scott K. Pomrehn, Assistant Deputy City Manager
Rick Esteves, Police Chief
Thad Phillips, Community Services Director
Brian Ragland, Public Works Director
Brian Saeki, Community Development Director
Jeff Turner. Fire Chief
Susan Domen, Deputy City Clerk
Other City Staff
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND
CONFERENCE/MEETING REPORTS:
Council Member Guerra announced that he just returned from Sacramento where he met
with members of the Legislature on behalf of Contract Cities and with Deputy City Manager Alvarez
regarding proposed legislation on water surcharges and he thanked Mr. Alvarez for his continued
work on this important issue; noted he received a booklet on John Gately Downey from his
birthplace in Ireland and would like the bust being commissioned to be the same as theirs; stated he
is leaving for China tomorrow; requested that moving the Farmers Market to Downey Avenue be
looked into; requested an update on the traffic calming project; and requested an update on the
Council set priorities.
Council Member Gafin recognized Alex Zaab and David Yamos, directors from the Chamber
of Commerce and Mike Hollan, Field Representative for Assembly Member de La Torre in the
audience
Council Member Brossmer mentioned that he spoke to the evening Kiwanis group and the
Project Area Committee (PAC) last week; attended a Downtown Subcommittee, a Theatre
Subcommittee and a Neighborhood Watch meeting; announced the Governor will be at Warren High
School tomorrow to dedicate the new physical fitness facility; that after tonight’s meeting he will be
City Council Minutes 01/12/10 -1-
taking a field trip with Director Ragland to the Treasure Island Park to review the lighting situation;
and requested staff to make suggestions regarding separating the vote on the Mayor rotation from
the transition ceremony so that it runs more smoothly.
Mayor Pro Tem Marquez wished everyone a Happy New Year and noted he is looking
forward to an exciting year; mentioned he attended the PAC meeting; and requested that an in-
depth analysis of all of the City parks be done and a master plan developed.
Mayor Bayer announced that Citizens for Downey will be meeting at Rio Hondo Event Center
tomorrow morning at 7 a.m. and that the Police Department’s Citizens Academy will be starting on
Wednesday, February 17th for 12 weeks.
PRESENTATIONS:
Mayor Bayer and Police Chief Esteves recognized newly promoted Police Department
employees: Captain Carl Charles, Lieutenant Kathleen Mendoza, and Sergeant Raul Salazar.
PUBLIC HEARINGS:
1.ESTABLISHMENT OF UNDERGROUND UTILITY DISTRICT ON BELLFLOWER
BOULEVARD FROM THE 1-105 FREEWAY TO APPROXIMATELY 900 FEET NORTH OF
IMPERIAL HIGHWAY (DISTRICT NO. 22): Public Works.
A. ADOPTED RESOLUTION NO. 10-7171, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY ESTABLISHING AN UNDERGROUND UTILITY DISTRICT
ALONG THE LENGTH OF BELLFLOWER BOULEVARD FROM THE l-l05 FREEWAY
TO APPROXIMATELY 900 FEET NORTH OF IMPERIAL HIGHWAY AND CAUSING ALL
SPECIFIED UTILITIES THEREIN TO BE RELOCATED UNDERGROUND (DIST. NO. 22).
Mayor Bayer opened the Public Hearing at 7:58 p.m. City Clerk Midstokke affirmed receipt
of Proof of Publication and Affidavit of Noticing. It was moved by Council Member Brossmer,
seconded by Council Member Gafin and so ordered to receive and file.
Public Works Director Ragland presented a Power Point presentation explaining that the
Underground Utility Districts (UUD’s) are established to facilitate the undergrounding of overhead
utilities. There are three types of districts: Rule 20A – in areas of a community that are used most
by the general public, paid for by customer electric rates; Rule 20B – majority of costs paid by
developer or applicant; Rule 20C – smaller projects funded by property owners. This project is to
allow the improvement project on Bellflower Boulevard and Imperial Highway to continue and falls
under Rule 20B. The existing poles will be removed along the west side of Bellflower Boulevard and
there are 15 properties within the district. The utility companies involved in the project are: Southern
California Edison, Verizon. Time Warner Communications, Southern California Gas and XO
Communications. He concluded that the City will be responsible for the majority of the $1.3 million
cost of the project.
Council Member Brossmer asked where the funding comes from and was told the Gas Tax
fund and Proposition R monies.
There being no public speakers, it was moved by Council Member Brossmer, seconded by
Mayor Pro Tem Marquez and so ordered to close the Public Hearing, the time being 8:05 p.m.
It was moved by Council Member Gafin, seconded by Council Member Brossmer and
unanimously carried to adopt the Resolution.
City Council Minutes 01/1 2/10 -2-
2.SANITARY SEWER MASTER PLAN AND RATE STUDY: Public Works.
A. ADOPTED RESOLUTION NO. 10-7172, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING AND ADOPTING THE CITY’S SANITARY SEWER MASTER
PLAN AND SUBPARTS THEREOF INCLUDING THE CITY’S SEWER SYSTEM
MANAGEMENT PLAN; and
B. ADOPTED RESOLUTION NO. 10-7173, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY SETrING THE TIME AND PLACE FOR A PUBLIC HEARING (MARCH 23,
2010) ON ESTABLISHING RATES FOR SANITARY SEWER SERVICE AND AUTHORIZING
STAFF TO NOTIFY PROPERTY OWNERS AND RATE PAYERS.
Mayor Bayer opened the Public Hearing at 8:06 p.m. City Clerk Midstokke affirmed receipt
of Proof of Publication. It was moved by Council Member Brossmer, seconded by Council Member
Gafin and so ordered to receive and file.
Public Works Director Ragland presented a Power Point presentation explaining that the
State Water Resources Control Board (SWRCB) adopted the General Waste Discharge
Requirements (GWDFR) in May of 2006. As a result, the City must develop and adopt a Sewer
System Management Plan (SSMP). He explained that currently our system is 193 miles of clay pipe
ranging from 6“ to 21 ”. There are over 4,000 manholes in the City, the Blandwood Road and True
Avenue lift stations, and County Sanitation Districts of Los Angeles County (CSDLAC) trunks and
treatment. Most of the sewers are over 50 years old. He noted that our system is comparable in
overflows with other local agencies; however, one major spill can trigger fines and regulatory actions
from the Environmental Protection Agency (EPA), Regional Water Quality Control Board (RWQCB)
and 3'd parties. He explained that being in compliance with statewide requirements protects us from
these types of actions.
He continued by explaining that 5% of the system was inspected and 7% of the pipes require
repair/rehabilitation or replacement. The goal is to inspect the entire system within 5 years and re-
inspect in 5 -30 years. The sewer lift stations will also need replacement. The consultant is
recommending the implementation of a system-wide cleaning program (3yr cycle); expand “hot spot”
cleaning program; the expansion of the chemical root control program from spot locations to 4.5
miles/year; purchasing a computer software system for sewer maintenance and management;
purchasing a trailer-mounted video inspection unit, jetting, and spill-response equipment (pump,
piping); replace truck-mounted cleaning unit in 5 yrs; and provide additional management, technical,
and safety training to increase dedicated sewer staff. He mentioned that the projected budget
cannot be sustained through the current sewer revenue and that the rates have not been raised
since 1997 and only twice in last 25 years. The creation of a self-sustaining Sewer fund would
eliminate current transfers from the General and Water funds and the new rate structure will pay for
the ongoing operational and maintenance costs as well as provide a reserve funding for capital
improvements and unscheduled expenses. He concluded by noting that the rate increase must
follow the Proposition 218 process.
Reid Schmidt, Bartle Wells Associates consultant, explained the financial aspects of the plan
and noted that the increased rates would fund the plan for the next 10 years.
Director Ragland explained that the City must mail property owner/ratepayers a notice of
proposed rate increase; conduct a Public Hearing no sooner than 45 days after notices are mailed
and the rate increases cannot be imposed if a majority of property owners/ratepayers submit written
protests. He concluded by noting that staff is proposing to have the notices mailed out by February
6th and a Public Hearing will be held on March 23’d.
City Council Minutes 01/12/10 -3-
Council Member Guerra questioned why there is such a large increase all at once instead of
a gradual increase over time. It was explained that the rates have not increased in so long and that
the costs are being subsidized from other funds. He then asked how the rate increase was going to
be explained to the citizens and was shown a copy of the draft notice.
There being no further discussion, it was moved by Council Member Brossmer, seconded by
Council Member Gafin and so ordered to close the Public Hearing, the time being 8:45 p.m.
It was moved by Council Member Gafin, seconded by Council Member Brossmer and
unanimously carried to adopt the Resolutions.
NON-AGENDA PUBLIC COMMENT:
William Parker, resident of Downey, stated the condition of Firestone Boulevard is horrible
and needs repair.
CONSENT CALENDAR:
It was moved by Council Member Brossmer, seconded by Council Member Guerra and
unanimously carried to approve the Consent Calendar items as recommended:
3.APPROVED CITY COUNCIL MINUTES: Adjourned Meetings December 15, 2009: City
Clerk
4.APPROVED WARRANTS ISSUED: Warrant Nos. 246144 – 246686; Wire Nos. 534 – 542
and 30002051 – 30002068; in the total amount of $6,581,820.01: Finance.
5.
6.
APPROVED BUDGET CALENDAR FOR THE 2010-11 BUDGET: Finance.
ADOPTED ORDINANCE NO. 10-1256, 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 (No. 09-52): Community
Development.
ADMINISTRATIVE REPORTS: None.
OTHER BUSINESS:
7.APPROVED CITY COUNCIL COMMII-FEE ASSIGNMENTS FOR 2010: Mayor Bayer.
Mayor Bayer explained that this is the annual Mayor’s Committee Assignments and that the
changes to reflect the new Mayor have been made.
Council Member Brossmer thanked Mayor Bayer for keeping the assignments the same.
It was moved by Council Member Gafin, seconded by Council Member Brossmer and
unanimously carried to approve.
City Council Minutes 01/12/10 -4-
8.APPROVED DISPLAYING THE SIX CHARACTER COUNTS PROGRAM PILLARS IN THE
CITY COUNCIL CHAMBER: Council Member Guerra.
Council Member Guerra noted that the Council had previously approved pictures being
installed in the chamber that haven’t been installed and would like to request to have the pillars of
Character Counts installed instead. He noted he trusted staff’s ability to choose something
appropriate for the chamber and that the words were the important thing.
It was moved by Council Member Guerra, seconded by Council Member Brossmer and
unanimously carried to approve displaying the six Character Counts program pillars in the
Council Chamber, subject to final design approval by Council.
Prior to the vote, Council Member Gafin suggested they be installed in the atrium where they
would be more visible on a daily basis.
Council Member Brossmer questioned if the banners the schools use would be appropriate
and Council Member Guerra responded that he did not like those and wanted something nicer.
Council Member Gafin asked if the Council would have final approval of the display and was
told yes
STAFF COMMENTS:
City Manager Caton thanked the Council for having the study session on the Sewer Master
Plan and noted that staff will come back with the Character Counts suggestions soon.
Assistant City Manager Livas introduced the newly appointed Community Development
Director, Brian Saeki.
ADJOURNMENT:
The meeting adjourned at 8:59 p.m. to 6:30 p.m., January 26, 2010 in memory of Raymond
Bryan, Sr., father of Robert Bryan, Maintenance Lead Worker – City Hall; Jasmin Amezaga,
Downey resident, part-time Downey Theatre House Manager and Senior Instructional Assistant in
the Downey Unified School District’s Career Vocational Education program; and Mike Monaco,
longtime Downey resident, former Cable TV Committee member, Rotary member and former YMCA
Board member.
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ANNE M. BAYER, Mayor
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KATHLEEN L. MIDSTOKKE, City Clerk
City Council Minutes 01/12/10