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HomeMy WebLinkAboutMinutes 04-13-10 Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING APRIL 13, 2010 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:32 p.m., April 13, 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 Mayor/Chairperson Mayor Pro Tem/Vice-Chairperson (absent) Roger C. Brossmer David R. Gafin Mario A. Guerra ALSO PRESENT:Gilbert Livas, Acting City Manager/Executive Director 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 Lucy Johns Other City Staff PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None APPROVED CLOSED SESSION MINUTES: March 23, 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 recessing 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 at 12224 Lakewood Boulevard (Downey Studios); negotiating party: Stuart Lichter, Industrial Realty Group; under negotiations: price and terms of payment. 2. Government Code Section 54956.8 – Conference with real property negotiator Gerald Caton re: property at 1 1500 Brookshire Avenue; negotiating party: Downey Regional Medical Center; under negotiations: price and terms of payment. City Council/Community Dev. Comm. Minutes (adj.) 04/1 3/10 -1 - Council Member/Commissioner Guerra announced a potential conflict of interest regarding Item No. 2 and did not participate. He explained that his company sells insurance to Downey Regional Medical Center. RECONVENED: The meeting reconvened in Open Session at 7:34 p.m. noting the absence of Mayor Pro Tem/Vice-Chairperson Marquez. There were no actions to report. Mayor/Chairperson Bayer announced they would be returning to Closed Session at the end of the meeting. The meeting recessed at 7:34 p.m. and reconvened to Closed Session at 9:27 p.m. ®th all Council Members/Commissioners present The meeting reconvened in Open Session at 10:10 p.m. Qth all Council Members/Commissioners present. There were no actions to report. ADJOURNMENT: The meeting adjourned at 10:10 p.m. XaAa&d#bI'hugaz/Ch~pbl /0KATHLEEN L. MIDSTOKKE, City Clerk/Secretary City Council/Community Dev. Comm. Minutes (adj.) 04/1 3/10 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING APRIL 13, 2010 The City Council of the City of Downey held a Regular Meeting at 7:37 p.m., April 13, 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 Mayor Mayor Pro Tem (arrived 8:07 p.m.) Roger C. Brossmer David R. Gafin Mario A. Guerra ALSO PRESENT:Gilbert Livas, Acting City Manager Edward W. Lee, City Attorney 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 mentioned he attended the Independent Cities Association Executive Board meeting, the Contract Cities Executive Board meeting, a Neighborhood Watch meeting, the Library Volunteer Recognition luncheon, and the Fresh-N-Easy grand opening last week; he requested staff to monitor the traffic on Firestone Boulevard going westbound due to back- up of vehicles in the turning lane, near the new Fresh-N-Easy; he attended a Green Task Force meeting today; complimented staff on the new website launch; and requested staff to look into the construction on Rives Avenue and Quill Drive, as it is progressing slowly. Council Member Gafin noted he attended the Library Volunteer Recognition luncheon last Sunday; and announced the annual Gangs Out of Downey Luncheon will be held on April 21 ;t. Mayer Bayer reminded everyone Census Day was April 1 st and to return forms to be counted; and announced a Keep Downey Beautiful work day on April 17th on Paramount Boulevard. City Council Minutes 04/1 3/10 -1- PRESENTATIONS: Mayor Bayer and Fire Chief Turner recognized newly promoted Fire Department employees: Captain Jorge Villanueva, Captain Matthew Coomes, Engineer Daniel Rasmussen, and Engineer Joshua Halbmaier. Mayor Bayer presented a Proclamation declaring April 14 – May 27 as One Book, One Community Program month Mayor Bayer presented a Proclamation declaring that April 19 – 24 as National Library Week Mayor Bayer presented a Proclamation honoring St. George Greek Church Consecration Service on April 24. PUBLIC HEARINGS: None NON-AGENDA PUBLIC COMMENT: Elaina Neeman, resident of Downey, noted her concerns regarding the usage of students to teach their parents about recycling and empowering children over their parents. Dan Christea, resident of Downey, noted his agreement with the previous speaker's comments and his belief that the removal of the United States from the United Nations would solve rnarly issues. John Lacey, resident of Downey, mentioned he received a pamphlet on sewer fee for a neighboring city where they are not hiring staff, or purchasing equipment and the increase is only $8.00 per year. Andrea, resident of Downey, announced she is a member of the Junior State of America Club at Downey High School and they are competing to be Chapter of the year and are raising money to help a student attend Georgetown University this summer. CONSENT ITEMS REMOVED: None CONSENT CALENDAR: It was moved by Council Member Brossmer, seconded by Council Member Gafin, and unanimously carried to approve the Consent Calendar items as recommended: 1. 2. APPROVED CITY COUNCIL MINUTES: City Clerk. Regular and Adjourned Meetings March 23, 2010: APPROVED WARRANTS ISSUED: Warrant Nos. 248536 – 249156; Wire Nos. 571 – 578 and 30002114 – 30002122; in the total amount of $3,327,727.82: Finance. 3.APPROVED AGREEMENT WITH EVERBRIDGE, INC. FOR HOSTED MASS NOTIFICATION SERVICES AND APPROPRIATE $20,000: Administration City Council Minutes 04/1 3/10 -2- 4.APPROVED AMENDMENT TO AGREEMENT WITH ACCELA, INC. TO ADD A GIS MODULE TO THE CITY’S PERMIT TRACKING SYSTEM AND APPROPRIATED $39,000 FROM THE RECORDS MANAGEMENT ACCOUNT: Community Development. 5.CASH CONTRACT NO. 676A – SMALLWOOD TRANSIT YARD ASBESTOS AND LEAD ABATEMENT – APPROVED PLANS AND SPECIFICATIONS AND GRANTED AUTHORITY TO ADVERTISE FOR BIDS: Public Works. 6.AUTHORIZED PURCHASE OF EMERGENCY FOOD SUPPLIES FOR CITY DISASTER SERVICE WORKERS FOR USE DURING DISASTER OPERATIONS AND APPROPRIATED $13,000: Administration. ADMINISTRATIVE REPORTS: 7.CONSIDERED STREET CLOSURE APPLICATION FOR THE AMAZING DAY FOUNDATION 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 staff report noting that the original request was denied per City Administrative Regulation No. 805. An official application was filed and Council heard the item at the February 23'd meeting. The application would require a 90 minute closure of Woodruff Avenue. He concluded that staff attempted to contact 46 residents, of those 27 were reached: 11 supported the current policy, 11 would support a change in policy and 5 requested more information. Council Member Brossmer noted his support of the event; however, he does not want to set precedence with this item by closing City streets. It was moved by Council Member Brossmer, seconded by Council Member Gafin and carried, noting the dissent of Mayor Bayer, to deny the application. Prior to the vote, Council Member Guerra stated that he supports the event and will continue to do so, but would like to see it without streets being shut down. Council Member Gafin agreed with Council Member Guerra’s comments and stated a different location should be found. Mayor Pro Tem Marquez stated that he supports the event if they can find another location. 8.APPROVED REQUEST FOR PROPOSAL FOR MANAGEMENT AND OPERATION OF THE DOWNEY CIVIC THEATRE: Community Services. Community Services Director Phillips presented a staff report noting that the conclusion and recommendation of the City Council subcommittee was to expand the use of programming at the theatre and hire a professional management firm. He explained that there are 3 types of producing, in the theatre: usage, renting and presenting series. The firm will be required to have experience in all 3 areas, with the noted exception that if no one qualifies those with lesser experience may submit proposals as well. Council Member Gafin noted that he was on the subcommittee and the theatre as it exists is currently losing approximately $1 million per year. He noted that they want to reduce costs and bring in more programs. City Council Minutes 04/1 3/10 -3- Council Member Brossmer noted he also served on the subcommittee and would like to see the theatre better utilized and the appeal broadened to the community. Andrew Walquist, resident of Downey, noted his support and suggested that the City establish a citizen volunteer committee to oversee the development of the theatre and work with the new management company. Robert Goldstein, resident of Downey, noted his support and suggested the City form it’s own performing arts company to run the theatre if a suitable group is not found. Council Member Guerra noted that the City’s forefathers thought the arts were viable and important which is why there is a theatre; however, it is very under utilized. It was moved by Council Member Guerra, seconded by Council Member Brossmer and unanimously carried to approve. 9.CONSIDERED MOVING THE DOWNEY FARMERS MARKET DOWNTOWN LOCATION: Administration. Deputy City Manager Alvarez noted that the Farmers Market was approved in 2008 when other locations were considered, including Downey Avenue. He explained that the proposal to move it from 2-d Street to Downey Avenue will impact the businesses and traffic along Downey Avenue. Approximately 5000 vehicles each Saturday would need to be diverted. He noted that the businesses along Downey Avenue were contacted and 75% were in favor or neutral and 25% preferred it not be moved. He concluded that it would take about 4 weeks lead time to complete the move Council Member Guerra stated he was on the original subcommittee and does not recall Downey Avenue being an option. He feels it needs to be from Firestone Boulevard, set back a safe distance. He mentioned he had spoken with 15 of the vendors and none were opposed to the move. He noted he also went to several of the businesses and most of the restaurants are in favor. He would like to see the rules expanded on types of vendors allowed to participate and for community and volunteer group booths. Council Member Gafin feels it is a wonderful thing; however, he is concerned with the major inconvenience for the citizens who use the street and suggested the use of other side streets to expand the market. Council Member Brossmer thinks it is a good experiment and suggested it be tried for one month and reevaluated. He feels the positives of the move outweigh the potential for lrlconvenlen ces. Mayor Pro Tem Marquez, noted his agreement with Council Members Brossmer and Guerra, and stated that he feels the market needs more exposure and that it doesn’t have to be permanent. Robert Zavala, owner Freedom Vacations, noted his support of the move but encouraged Council to not overlook the other 25% of the businesses and their concerns. Bob Udof, manager of the Masonic Lodge/Mortuary building, stated his concerns that Council won’t close down streets for other causes, but are willing to close Downey Avenue every weekend for several hours. He feels the move is being promoted to benefit the new Porto’s bakery and access to their parking lot. He concluded that he is opposed to the move to Downey Avenue. City Council Minutes 04/1 3/10 -4- Harold Tseklenis, resident of Downey, stated that the Farmer’s Market has been a good thing for the City; however they should also take into consideration that the Greek Church only ingress and egress from Downey Avenue. It was moved by Council Member Guerra, seconded by Council Member Brossmer and carried, noting the dissent of Mayor Bayer and Council Member Gafin, to move the Farmer’s Market to Downey Avenue for a three month period, starting 10-20 feet north of Firestone Boulevard and asked staff to work with the Greek Church and Miller Mies Mortuary. Prior to the vote, Council Member Brossmer asked if there is a concern of the Fire Department of access to Downey Avenue and was told no, as long as the rear of the buildings are accessible. Deputy City Manager Alvarez clarified that it would only take up one block and if moved closer to Firestone Boulevard would end before the Masonic Lodge/Mortuary and Third Street. 10.NEW PUBLIC SERVICES COMMITTEE: City Clerk. A. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE II ADMINISTRATION, OF CHAPTER 4, DEPARTMENTS BOARDS AND COMMISSIONS BY DELETING PART 2 TRAFFIC COMMITrEE AND PART 7 WATER BOARD AND ADDING A NEW PART ENTITLED PUBLIC SERVICES COMMil-rEE TO THE DOWNEY MUNICIPAL CODE. City Clerk Midstokke presented the staff report noting that this would eliminate certain committees and create a Public Services Committee that would encompass the duties of the dissolved committees. Council Member Guerra suggested the committee be called the Public Works Committee, and that the appointees be City-wide instead of limited to districts. Council Member Gafin stated he was concerned with changing the appointments to City-wide because the Council Members were elected by the constituents and he feels the entire City is being represented if the appointees are from the individual districts. Council Member Brossmer noted that he agreed with the name change and having appointees City-wide. Mayor Pro Tem Marquez noted his agreement with Council Members Brossmer and Guerra. Mayor Bayer stated that she feels the appointees should be made from the districts and is in favor of the name change. It was moved by Council Member Guerra, seconded by Council Member Brossmer and carried, noting the dissent of Mayor Pro Tem Marquez, to introduce the Ordinance noting the change in name to Public Works Committee and allowing for City-wide appointments. OTHER BUSINESS: CONSENT ITEMS REMOVED: None. City Council Minutes 04/1 3/10 -5- STAFF COMMENTS: None. The meeting recessed at 9:27 p.m. to Closed Session. The meeting reconvened at 10:10 p.m. to Open Session, with all Council Members present. ADJOURNMENT: The meeting adjourned at 10:10 p.m. to 6:30 p.m., April 27, 2010. &#lOl,IN. wbc„MMa KATHLEEN L. MIDSTOKKE, City Clerk ANNE M. BAYER, Mayor, City Council Minutes 04/1 3/10