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Home My WebLink AboutMinutes 02-23-10 Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING FEBRUARY 23, 2010 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:32 p.m., February 23, 2010, in the Council Chamberof 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 Mayor/Chairperson Mayor Pro-Tem/Vice-Chairperson (arrived 6:40 p.m.) Roger C. Brossmer David R. Gafin Mario A. Guerra ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Ross Trindle, Acting City Attorney/Agency Counsel Gilbert Livas, Assistant City Manager Kathleen L. Midstokke, City Clerk/Secretary Desi Alvarez, Deputy City Manager/Special Projects Brian Saeki, Community Development Director 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: February 9, 2010. It was moved by Council Member/Commissioner Brossmer, seconded by Council Member/Commissioner Gafin and was so ordered to approve the minutes. 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. City Council/Community Dev. Comm. Minutes (adj.) 02/23/10 -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. %4£AdaA)'a.IUz@', KATHLEEN L. MIDSTOKKE, City Clerk/Secretary VT:vxAmor/rson City Council/Community Dev. Comm. Minutes (adj.) 02/23/10 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING FEBRUARY 23, 2010 The City Council of the City of Downey held a Regular Meeting at 7:34 p.m., February 23, 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. Brossmer David R. Gafin Mario A. Guerra Mayor Mayor Pro Tem ALSO PRESENT:Gerald M. Caton, City Manager Ross Trindle, Acting 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 John Michicoff, Finance Director 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 reported that over the weekend he attended the Keep Downey Beautiful (KDB) clean-up, the Farmer’s Market and the Library Reader for the Assistance League; on Friday he met with Senator Lowenthal, Assistant City Manager Livas and other elected officials to discuss transportation funds; on the previous Friday he met with City Manager Caton, Council Member Marquez, Deputy City Manager Alvarez and Congress Member Roybal-Allard regarding a bill she is proposing on behalf of Downey; he attended a Neighborhood Watch meeting last week; attended the City hosted Contract Cities Board of Directors dinner on Wednesday and thanked staff for their efforts regarding the event; requested staff apply to be the Google test city for their new high speed WiFI program; requested that local business be given priority for City purchases; requested the costs and feasibility of WiFI in the library be explored; and requested an update on the Columbia Memorial Space Center Learning Center. City Council Minutes 02/23/10 -1- Council Member Gafin noted he attended the KDB clean-up event on Saturday at Bellflower Boulevard and Imperial Highway; announced that Downey Ponytail Softball will be holding their opening ceremonies this Saturday; requested an update on the Traffic Calming program; requested an update on the dog park; and an update on the accent lights on the golf course. Council Member Brossmer reported that another group of Veteran banners have been installed and requested that the individuals be recognized at a future Council meeting; he acknowledged Roy Beard and Harold Tseklenis in the audience; announced that Northwest Downey Little League will be holding their season opening activities this weekend and wished Deputy City Manager Sauter a Happy Birthday. Mayor Bayer announced that the next KDB clean-up will be on March 20th and thanked Stonewood Shopping Center and Porto's Bakery for donating items for the raffle. She commended the local businesses for always giving back to the community. PRESENTATIONS: None Senior Planner Blumenthal presented a Power Point presentation on Downey’s Census Complete Count Committee re: Census Day April 1. PUBLIC HEARING: 1.RECEIVED PUBLIC COMMENT ON THE 5-YEAR CONSOLIDATED PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP GRANT: Community Development. Mayor Bayer opened the Public Hearing at 8:10 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. Housing Manager Velasco presented a Power Point presentation explaining there is a process that the City must go through: consultation process, citizen participation process, identifying priorities and setting priorities. There are conditions and limitations on the funds, such as a large percentage must be spent on low and moderate income housing, only 10-20% can be spent on general administration, only 15% can be spent on public services, along with other requirements. The eligible uses are affordable housing new and existing, homeless activities, code enforcement, public improvements and public facilities, elimination of blight, property acquisition, job creation and special needs. He noted that the affordable housing needs need to be identified as well as non- housing needs; establishment of priorities/funding distribution, provide suggestion for projects and programs, get feedback on program performance and issues related to fair housing. There being no speakers from the Public, it was moved by Council Member Brossmer, seconded by Council Member Guerra and so ordered to close the Public Hearing, the time being 8:21 p.m. NON-AGENDA PUBLIC COMMENT: This item was taken prior to the Public Hearing but is listed here for consistency. Janet Huber, public health nurse with Los Angeles County Public Health Department, stated that she is the community liaison for the Public Health Nursing Program. City Council Minutes 02/23/10 -2- John Lacey, resident of Downey, requested assurance that Downey’s Council meeting broadcast will never be edited; and suggested that the City reduce pension benefits and raise retirement age for new hires. Frank Garcia, resident of Downey, suggested the City switch to solar energy to reduce utility costs and turned in a copy of the Budget Line Item Detail page. Chuck Anna, resident of Downey, suggested that the possible new Rio Hondo park be used as a dog park. Roy Beard, resident of Downey, announced the Certified Emergency Response Team will be holding a fundraiser at Frantones Pizza on March 4th and the next training is on April 10th, 17th, and 24th and passed out Flyers to the Council The following students from Rio Hondo Elementary school spoke regarding suggestions for improvements in the City: Rebecca (?) Jasmin (?) Valerie Aguilar David Beckham Joselyn Hernandez Faith (?) CONSENT ITEMS REMOVED: 4.CASH CONTRACT NO. S.S. 571 – FY 2008/09 RESIDENTIAL STREET RESURFACING PROJECT: ACCEPT THE IMPROVEMENTS AND MAINTENANCE RESPONSIBILITY FOR THE IMPROVEMENTS CONSTRUCTED AND APPROVE THE FINAL CONSTRUCTION COST OF $1,784,579.98: Public Works. This item was removed at the request of Council Member Brossmer and is listed under Other Business below. 6.FY 2009/10 RESIDENTIAL STREET RESURFACING PROJECT: APPROVE A SOLE SOURCE AGREEMENT WITH KABBARA ENGINEERING FOR PREPARATION OF PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE AND BID DOCUMENTS IN THE AMOUNT OF $52,840: Public Works. This item was removed at the request of Council Member Brossmer and is listed under Other Business below. CONSENT CALENDAR: It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Marquez, and unanimously carried to approve the remainder of the Consent Calendar items as recommended: 2.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings February 9, 2010: City Clerk. 3.APPROVED WARRANTS ISSUED: Warrant Nos. 247447 – 247830; Wire Nos. 555 – 561 and 30002087 – 30002095; in the total amount of $3,936,576.88: Finance. 5.LAKEWOOD BOULEVARD AT COLUMBIA WAY INTERSECTION IMPROVEMENTS: APPROVED A SOLE SOURCE AGREEMENT WITH KFM ENGINEERING. INC. FOR PREPARATION OF PLANS. SPECIFICATIONS. ENGINEER’S ESTIMATE AND BID DOCUMENTS IN THE AMOUNT OF $39,214: Public Works. City Council Minutes 02/23/10 -3- 7.APPROVED EXTENSION OF AGREEMENT WITH LEHMAN, LEVI, PAPPAS AND SADLER FOR GENERAL ADVOCACY SERVICES IN SACRAMENTO FROM JANUARY 31, 2010 TO JANUARY 31, 2011 : Administration. 8.ADOPTED RESOLUTION NO. 10-7180, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, APPROVING THE DESTRUCTION OF CERTAIN BUILDING DEPARTMENT RECORDS: City Clerk 9.ADOPTED RESOLUTION NO. 10-7181, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, APPROVING THE SUBMISSION OF A GRANT APPLICATION TO THE CALTRANS COMMUNITY-BASED TRANSPORTATION PLANNING GRANTS PROGRAM FOR THE “DOWNTOWN MULTIMODAL TRANSPORTATION STUDY“: Administration ADMINISTRATIVE REPORTS: 10.CONSIDER STREET CLOSURE APPLICATION FOR THE AMAZING DAY 5K RUN/WALK FOR LIFE ON SATURDAY, SEPTEMBER 11, 2010 – PROPOSED ROUTE AT STONEWOOD CENTER, ALONG WOODRUFF AVENUE, GOTHAM STREET, AND THROUGH EAST MIDDLE SCHOOL: Administration. Assistant Deputy City Manager Pomrehn presented a Power Point presentation explaining that the applicant is requesting the closure of Woodruff Avenue from Fostoria Street to East Middle School on Saturday, September 1 1, 2010, from 7:30 a.m.– 8:30 a.m. He noted that Administrative Regulation No. 805 clarifies that the City’s policy is not to close streets. He stated that the City has tried to work with the applicant in finding more suitable locations; however, he concluded that if the parade is approved then costs and impact will be researched, with all costs to be borne by the applicant The following persons spoke in favor of allowing the parade due to the minimal impact expected, the worthiness of the cause and the willingness to cover all related expenses: Tom Hutchinson Sandra Feliciano Bob Feliciano Council Member Brossmer questioned the applicant on why they could not use the alternative sites offered and Mr. Feliciano responded that the only offer made to him was the river bed and that the tracks at the High Schools would not attract the runners for the event. Council Member Brossmer noted that the particular event should not be considered, but that the precedence being set by allowing the street closure needs to be considered. Council Member Gafin agreed the cause is worthy as he’s experienced a similar tragedy himself, but noted that with the lack of information provided he cannot make an informed decision this evening. He requested that the impact and cost information be provided before he can further decide if it is a precedence setting issue. Council Member Guerra noted he has met with the Feliciano family several times and believes that their efforts towards this cause are amazing. He stated his preference is not to close the streets due to the precedence that would be set and offered his assistance in finding another suitable location. Mayor Pro Tem Marquez mentioned that while he is supportive of the cause, he agrees that the information on costs and impact needs to be available before he can vote. City Council Minutes 02/23/10 -4- Council Member Brossmer explained that he supports the event; however believes it needs to be held at an alternative site because the cause is more important than the location. It was moved by Council Member Gafin, seconded by Mayor Bayer and carried, noting the dissent of Council Member Brossmer, to continue the item to the April 13th meeting and direct staff to bring back projected costs as well as a survey of the residents that would be impacted and alternative locations. Prior to the vote, Acting City Attorney Trindle explained that the item can be continued, however it must be done to a date specific. Council Member Guerra requested that alternative locations be brought back as well. Council Member Gafin amended his motion to include the April 13th date and the inclusion of alternate locations. Council Member Brossmer stated that this is a precedence setting issue only and he does not want to prolong the vote. 11.RECEIVED AND FILED THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDED JUNE 30, 2009; AND DIRECTED STAFF TO MEET WITH COUNCIL REPRESENTATIVES GAFIN AND GUERRA TO DEVELOP OPTIONS TO MITIGATE THE $4,789,000 DECREASE IN REVENUES IN THE FISCAL YEAR 2009- 10 BUDGET: Finance. Finance Director Michicoff presented a Power Point presentation explaining the CAFR report and giving a mid-year budget review. The mid-year budget review shows that sales taxes are down $1.9 million, State Sales tax compensation $1.1 million, Utility taxes $550k, other $90k, licenses and permits $200k, motor vehicle fees $217k, charges for services $450k, fines and forfeitures $120k for a total of $4.7 million in reduced revenue. The approved budget was $2.7 million in deficit and is now $7.5 million. Cost cutting measures being enacted are: labor and benefits $200k, equipment charges $800k, and liability charges $400k for a savings of $3.2 million leaving a $4.3 million deficit. There are $40 million in reserves of which $1.5 million was used to balance the 2008-2009 budget1 therefore leaving $38.5 million in reserves. He suggested that another $4.3 million of the reserve funds could be used to balance the remaining deficit, thus leaving $34.1 million in the reserve account for future needs. It was moved by Council Member Brossmer, seconded by Council Member Guerra and unanimously carried to receive and file the report and appoint Council Members Gafin and Guerra to the subcommittee. Prior to the vote Mayor Bayer nominated Council Member Gafin and Council Member Guerra volunteered to serve on the subcommittee. 12.CASH CONTRACT NO. S.S. 599 – IMPERIAL HIGHWAY TRAFFIC THROUGHPUT AND SAFETY ENHANCEMENTS PROJECT – PHASE 2: DIRECT STAFF TO PROCEED WITH ONE OF THE FOLLOWING CONFIGURATIONS PERTAINING TO THE PROPOSED RAISED MEDIAN ISLANDS ON IMPERIAL HIGHWAY BETWEEN PARAMOUNT BOULEVARD AND SMALLWOOD AVENUE (EAST): Public Works. A. CONTINUOUS RAISED MEDIAN ISLAND WITH NO INTERVENING OPENINGS PER PLANS AND SPECIFICATIONS APPROVED BY CITY COUNCIL ON OCTOBER 27, 2009; OR City Council Minutes 02/23/10 -5- B. RAISED MEDIAN ISLAND WITH LEFT TURN LANE OPENING INTO THE WESTERLY DRIVEWAY SERVING BEACH’S MARKET, PEPE’S TACOS AND CROWN CLEANERS & LAUNDRY; OR C. A 14’ WIDE PAINTED 2 WAY LEFT TURN MEDIAN PROVIDING ACCESS TO THE TWO BEACH’S MARKET DRIVEWAYS AND OTHER USES. Public Works Director Ragland presented a Power Point presentation noting that on December 15, 2009, the City Council awarded a construction contract for the median installation along Imperial Highway from Paramount Boulevard to Smallwood Avenue. During that meeting, concerns were raised about the access to the businesses along this corridor, especially the retail site including Beach’s Market, Crown Cleaners and Pepe’s Tacos. He explained the three options and the amount of access to this property, as well as the background of the median projects throughout the City. Council Member Guerra noted his concerns with there not being a left turn onto Smallwood Avenue and the access to the park being restricted and questioned if the cost savings could be used to provide for uplighting on the trees Council Member Gafin questioned the difference in the amount of cars able to que per each option and was told that option 3 allows for 4-5 cars and option 2 allows for 2-7 cars. The following persons spoke in favor of providing an opening in the median in front of the Beach’s Market retail site: Ron Beach John Morifian Sr. Steve Grolcky Cedric (unknown last name) Pepe’s Tacos, Owners Council Member Guerra presented photos he took of the area and noted that in 9 years there had only been 16 accidents, he feels this is an economic issue and not a safety issue. It was moved by Council Member Guerra, seconded by Council Member Gafin and unanimously carried to approve Option C, 14’ wide painted, 2-way left turn median. OTHER BUSINESS: CONSENT ITEMS REMOVED: These items were taken before the Administrative Reports but are listed here for consistency. 4.CASH CONTRACT NO. S.S. 571 – FY 2008/09 RESIDENTIAL STREET RESURFACING PROJECT: ACCEPTED THE IMPROVEMENTS AND MAINTENANCE RESPONSIBILITY FOR THE IMPROVEMENTS CONSTRUCTED AND APPROVED THE FINAL CONSTRUCTION COST OF $1,784,579.98: Public Works. 6.FY 2009/10 RESIDENTIAL STREET RESURFACING PROJECT: APPROVED A SOLE SOURCE AGREEMENT WITH KABBARA ENGINEERING FOR PREPARATION OF PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE AND BID DOCUMENTS IN THE AMOUNT OF $52,840: Public Works Council Member Brossmer explained that he pulled these items to highlight that they are a combined total of $2 million being spent on the upkeep of the residential streets in Downey. City Council Minutes 02/23/10 -6- It was moved by Council Member Brossmer, seconded by Council Member Guerra and unanimously carried to approve Item Nos. 4 and 6. STAFF COMMENTS: None. ADJOURNMENT: The meeting adjourned at 9:38 p.m. to 6:30 p.m., March 9, 2010 in memory of Brian Morris, son of D. Mark Morris, Member Board of Education Downey Unified School District and Housing Planner; Alan Griffin, father of Accountant Gloria Griffin; and Johnnie Lee Perkins, brother of former Council Member Meredith Perkins. L v\_-– MoKKE, City CteR ANNE M. BAYER, Mayor City Council Minutes 02/23/10