HomeMy WebLinkAboutMinutes 05-11-10 Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
MAY 11, 2010
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:31 p.m., Mby 1 1, 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 ProTem/Vice-Chairperson
(arrived 6:58 p.m.)
b,
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.
RECESSED TO CLOSED SESSION:
Mayor/Chairperson Bayer announced the Council/Commission is ncessing to Closed
Session (6:32 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 9655 Firestone Boulevard (Downey Dodge); negotiating party: Paul
Antepara: price and terms of payment.
2.Government Code Section 54957.6 – Conference with labor negotiator Gerald Caton re:
direction for labor negotiations with City Employees Association – Miscellaneous and
Maintenance; Public Safety Auxiliary; Executive Management, Middle Management and
Confidential/Exempt; Firemen’s Association; Fire Management; Police Officers
Association; Police Management.
3. 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.
City Council/Community Dev. Comm. Minutes (adj.) 05/1 1/10 -1 -
RECONVENED:
The meeting reconvened in Open Session at 7:32 p.m. ®th all Council
Members/Commissioners present. There were no actions to report. Mayor Bayer announced they
would be returning to Closed Session at the end of the meeting.
The meeting recessed at 7:33 p.m. and reconvened to Closed Session at 8:50 ®th all
Council Members/Commissioners present.
The meeting reconvened in Open Session at 10:20 p.m. ®th all Council
Members/Commissioners present. There were no actions to report.
ADJOURNMENT:
The meeting adjourned at 10:20 p.m.
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City Council/Community Dev, Comm. Minutes (adj.) 05/1 1/10 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
MAY 11, 2010
The City Council of the City of Downey held a Regular Meeting at 7:35 p.m., May 1 1 , 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 Gafin mentioned that he attended a combined Kiwanis Club meeting where
the groups donated $100,000 to the Columbia Memorial Space Science Learning Center; he
announced that Council Member Guerra will be speaking to the Chamber City Affairs Committee
meeting tomorrow; that on May 20th Downey High School will host their annual Family Fun Night; he
recognized Alex Saab from the Chamber of Commerce, in the audience; and requested staff to
protect the Veteran’s Memorial by the Theatre from the damage that the skate boarders are causing.
Council Member Brossmer requested that staff work with the Downey Museum of Art to
facilitate moving them back into the building at Furman Park and suggested getting the Downey Art
Vibe to help do a grand reopening.
Mayor Pro Tem Marquez noted he attended Kids Day at Furman Park last Saturday and
thanked the Community Services staff for putting it together; stated he had been travelling to
Sacramento the past two weeks along with Assistant City Manager Livas and Deputy City Manager
Alvarez to work on getting Assembly Bill 2065 passed for the Tesla Motors project.
City Council Minutes 05/1 1/10 -1-
Council Member Guerra mentioned he attended the Grand Openings of Tacos Galivan and
Caremore medical building; attended Kid’s Day and the Kid’s Hall of Fame ceremony; he thanked al
of the City departments that participated in putting these events together; attended the U.S. Army
Advisory Board meeting last Friday and noted that the Army will be celebrating their 235th
Anniversary this year; attended the Green Task Force meeting today and noted they would be
presenting their recommendations soon; noted his monthly email newsletter is paid for by him and if
anyone is interested in receiving they should email him; he attended the joint Kiwanis meeting and
thanked them for the donation; requested staff to review the contracts for the road improvements on
Rives Avenue, Imperial Highway and Quill Avenue areas as it does not appear to be progressing;
requested that in future contracts a progressive time frame is adhered too and/or only one contract
be awarded to a contractor at a time; had a meeting with City Manager Caton and Tesla Motors last
week
He read a letter stating that he is very proud as Mayor last year along with the Council
and staff, they were able to bringing to Downey over $60 Million in federal stimulus money.
They worked with Federal representatives, travelled to obtain these funds and did this twenty
percent under the median travel budget. Council has never been over budget and they are
not over budget today. The budget is minimal compared to other cities. Downey has a
Council travel budget of $20,000 in two accounts of $12,000 and $8,000. He only travels when
asked to by staff, to his own personal detriment, taking time away from his job and family and
time spent on advance preparation. Last year he requested a fifteen percent reduction in the
travel budget. In regards to the Herald American newspaper article that indicated he was over
budget, that is an incorrect statement due to an error in coding the expenses, which has now
been corrected. He noted the importance of Council Members traveling to various places to
help ensure Downey receives funding for special projects.
Mayor Bayer announced that Saturday, May 15th, Keep Downey Beautiful will hold their
monthly clean-up from 9 a.m. – 10 a.m. in the Ralphs parking lot on Gallatin Avenue and Lakewood
Boulevard; noted she was happy to host the National Day of Prayer ceremony on May 6th; and
welcomed back Water Facilities Director Fay Campbell, in the audience.
PRESENTATIONS:
Mayor Bayer along with Fire Department personnel and the Muscular Dystrophy Association
presented a plaque to Fire Chief Turner and kicked off the Annual “Fill the Boot” Campaign.
Mayor Bayer presented a Proclamation declaring the month of May as Month of the Young
Child to representatives from the Mexican American Opportunity Foundation’s childcare center.
Mayor Bayer presented a Proclamation declaring May 16th – 22nd as National Public Works
Week to Engineer Gerry Greene.
Mayor Bayer presented a Proclamation declaring the month of May as Older Americans
Month to John Vincent.
PUBLIC HEARING:
1.APPROVED 2010-2015 CONSOLIDATED PLAN, 2010-2011 ANNUAL ACTION PLAN
AND ANALYSIS OF IMPEDIMENTS REPORT FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) GRANTS:
Community Development.
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The Public Hearing was opened at 8:08 p.m. The City Clerk 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 the Proof of Publication.
Housing Manager Velasco presented a staff report explaining that the City must update its
Consolidated Plan every 5 years, prepare a new Action Plan every year and conduct an Analysis of
Impediments report every 3 years. A consulting firm, The Ramsay Group, was hired to assist in
preparing the Consolidated Plan which covers the period of July 1 , 2010 through June 30, 2015. The
plans must be submitted by May 16th for the City to receive the CDBG and HOME grant funding. He
continued that during the 5 year period it is estimated that $12 million dollars will be received and
that the objectives for the funding are to: preserve and improve 290 housing units, improve
accessibility to 100 housing units for disabled and elderly persons, add 25 affordable housing units,
provide support for 20 transitional housing units, provide assistance for public services, improve 2
public facilities, fund the Neighborhood Preservation program, funding for 2 economic development
projects, and supplement the Code Enforcement program. He stated that the Action Plan serves as
the application for the CDBG and HOME funds of which it is estimated that the City will receive
$2,409,437 in funding for the fiscal year 2010-2011. He concluded by explaining that the Analysis of
Impediments report provides information on fair housing issues within the City.
It was moved by Council Member Gafin, seconded by Council Member Brossmer and so
ordered to close the Public Hearing, the time being 8:19 p.m.
Council Member Guerra noted that in the Impediments report it stated the population is 67%
under the age of 45 with only 1 1% over the age of 65 showing Downey is truly an evolving
community.
It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Marquez and
unanimously carried to approve.
NON-AGENDA PUBLIC COMMENT:
Louis G. Haddad III, resident of Downey, spoke regarding an issue with a barking dog that he
had reported and that he filed claims against the City and SEACCA today.
Brandon Pineda, resident of Downey, requested financial assistance to attend a summer
program at Georgetown University to study Political Science.
Laurie Vasquez, president of Downey Mustangs Youth Football and Cheer, introduced
herself and the organization.
Roxanne Saseno (sp?), resident of Downey, stated she had some questions to ask regarding
the City’s preparedness for emergencies for a homework assignment and was directed to speak with
Deputy City Manager Sauter.
CONSENT ITEMS REMOVED;
7.APPROVE THE SPEED HUMP STANDARD PLAN FOR INSTALLATION IN CITY
PARKING LOTS: Public Works. This item was removed at the request of Council Member
Gafin and is listed under Other Business below.
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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:
2.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings April 27, 2010:
City Clerk.
3.APPROVED WARRANTS ISSUED: Warrant Nos. 249560 – 249932; Wire Nos. 584 – 590
and 30002132 – 30002140; in the total amount of $4,129,987.80: Finance.
4.
5.
RECEIVED AND FILED 2009 GENERAL PLAN ANNUAL PROGRESS REPORT:
Community Development.
ENVIRONMENTAL SERVICES FOR DOWNEY THEATER: Public Works.
A.APPROVED AGREEMENT WITH CF ENVIRONMENTAL, INC. FOR ENVIRONMENTAL
TESTING, ENGINEERING AND MONITORING SERVICES FOR THE ABATEMENT OF
ASBESTOS MATERIALS AT THE DOWNEY THEATRE IN THE AMOUNT OF $28,370;
APPROPRIATED $35,000 1N ENERGY EFFICIENCY AND CONSERVATION BLOCK
GRANT FUNDS.
B.
6.CASH CONTRACT NO. 676A – SMALLWOOD TRANSIT YARD ASBESTOS AND LEAD
ABATEMENT: Public Works.
A.
B.
C.
AWARDED CONTRACT TO SPECIALIZED ENVIRONMENTAL, INC. IN THE AMOUNT OF
$18,952
APPROVED AGREEMENT WITH CNS ENVIRONMENTAL, INC. FOR ENVIRONMENTAL
CONSULTING, TESTING AND MONITORING SERVICES IN THE AMOUNT OF $16,720;
APPROPRIATED $45,000 FROM THE WATER FUND.
8.ADOPTED ORDINANCE NO. 10-1259, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AMENDING ARTICLE VII STREETS AND PUBLIC WORKS.
CHAPTER 3 WATER DIVISION RATES AND REGULATIONS, SECTIONS 7302 RIGHT OF
ENTRY AND 7303 REFUSING ADMITTANCE OF THE DOWNEY MUNICIPAL CODE:
Public Works
9.ADOPTED ORDINANCE NO. 10-1260, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING A STATUTORY DEVELOPMENT AGREEMENT WITH
AMUSEMENT INDUSTRY INC. DBA WESTLAND INDUSTRIES FOR PROPERTY
LOCATED AT 8236 – 8274 FIRESTONE BOULEVARD: Community Development.
ADMINISTRATIVE REPORTS :
10.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
REPEALING ARTICLE VIII, CHAPTER 1 DOWNEY BUILDING CODE AND ADDING
THERETO A NEW CHAPTER 1 AND MAKING AMENDMENTS THERETO (ADOPTING BY
REFERENCE THE 2007 CALIFORNIA BUILDING CODE WITH AMENDMENTS):
Community Development.
Economic Development Director Perfitt presented the staff report explaining that this item will
come back as a Public Hearing in two weeks.
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Council Member Guerra requested that Green provisions he had previously requested be
incorporated into the amendment and was told that certain aspects of the Catifornia Building Code
2010 had been reviewed and cover these areas.
It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Marquez and
unanimously carried to introduce the Ordinance.
11.AUTHORIZED A JULY FOURTH FIREWORKS SHOW UTILIZING DONATED FUNDS:
Administration.
Deputy City Manager Sauter presented a staff report explaining that since being directed by
the Council to seek private donations to host the Fourth of July fireworks show he has done some
preliminary planning. The location of Downey High School would be used and provide for increased
available parking as well as containment. So far $33,500 has been pledged to the event. He
concluded that the objective is to have a zero % public funded event.
Mayor Bayer inquired how many of the pledges have actually been received and what the
estimated $40,000 will actually cover. It was explained that currently only pledges have been
received; however they collected 95% of the pledges last year and that it would cover $30,000 for
the fireworks and $10,000 to cover staff costs.
Council Member Guerra noted that last year's costs were higher because of the inclusion of
the opening of the Discovery Sports Complex.
Mayer Bayer asked if the event would be all day again or just the show at night and was told
that they are only planning a night time show.
Council Member Guerra thanked Deputy City Manager Sauter for his efforts in raising the
funding and noted that Coca Cola donated $2,000 today.
It was moved by Council Member Guerra, seconded by Council Member Brossrner and
unanimously carried to authorize the fireworks show with no Public Funds expended.
OTHER BUSINESS:
CONSENT ITEMS REMOVED:
7.APPROVE THE SPEED HUMP STANDARD PLAN FOR INSTALLATION IN CITY
PARKING LOTS: Public Works.
Council Member Gafin noted that these are being installed to slow the speed down in the
parking lots and asked what the engineered speed of the humps being installed at the Discovery
Sports Complex parking lot is. It was explained that they are engineered at 30 mph and the posted
speed is 15 mph. He then requested that they be reengineered to the posted speed limit as the
potential for kids darting out into the traffic is extremely high.
Council Member Guerra noted he had brought this up last month as Council Member
Marquez, Assistant Deputy City Manager Pomrehn and himself were standing in front of the
Columbia Memorial Space Science Learning Center after an event and the paramedics and
ambulances came speeding through there. He asked if they could approve the item but for the
specifications to be modified and was told that it should be withdrawn and brought back.
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The item was withdrawn and staff was directed to bring back with different standards for the
engineering of the humps.
STAFF COMMENTS: None
The meeting recessed to Closed Session at 8:50 p.m. and reconvened in Open Session at 10:20
p.m. with all Council Members present. There were no actions to report.
ADJOURNMENT:
The meeting adjourned at 10:20 p.m. to 6:30 p.m., May 25, 2010, in memory of Larry R.
Nelson, Council Member City of Artesia. .
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