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HomeMy WebLinkAboutMinutes 05-25-10 Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING MAY 25, 2010 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:31 p.m., IVby 25, 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 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: April 27 and May 1 1, 2010. It was moved by Council Member/Commissioner Brossmer, seconded by Council Member/Commissioner Gafin and so ordered to approve the minutes. 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 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. 2. 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.) 05/25/10 -1 - 3. Government Code Section 54956.8 – Conference with real property negotiators Gerald Caton and Edward Lee re: property at 1 1500 Brookshire Avenue; negotiating party: Downey Regional Medical Center; under negotiations: terms and conditions of lease. 4. Government Code Section 54956.9(a) – Conference with legal counsel – pending litigation: County of Los Anqeles, et al. v.City of Los Anqeles, et al., Los Angeles Superior Court Case No. BC433683. 5. Government Code Section 54956.9(b)(1) – Conference with legal counsel – anticipated litigation. Significant exposure to litigation – one potential case. RECONVENED: The meeting reconvened in Open Session at 7:30 p.m. Qth all Council Members/Commissioners present. There were no actions to report. Council Member Guerra did not participate in the discussion of Item # 3 due to a conflict of interest as his company sells insurance to Downey Regional Medical Center. ADJOURNMENT: The meeting adjourned at 7:30 p.m. / _.L.- LLb,. /mmETMaF/tRMi)–gi6Rkmmsaaii irperson City Council/Community Dev. Comm. Minutes (adj.) 05/25/10 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING MAY 25, 2010 The City Council of the City of Downey held a Regular Meeting at 7:32 p.m., Why 25, 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. Pomnhn, 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 Joyce E. Doyle, Chief Deputy City Clerk Other City Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Council Member Guerra reported that he attended a Contract Cities conference with Council Member Brossmer where the sessions included legislation updates, budget discussions and ethics training. He announced there was a Downtown Subcommittee meeting today where the redevelopment of downtown including Firestone Boulevard was discussed; Mambo Grill will be expanding their business; Downey unemployment is 9.6% which is lower than the region; his daughter Haley is graduating from high school this week and will be attending California State University at San Luis Obispo; and thanked e\eryone for the well wishes for his recent eye surgery. Council Member GaIn announced the Memorial Day ceremony at the Downey Cemetery on Monday at 1 1 :00 a.m.; the Gangs Out of Downey Meeting June 1 at 7:30 a.m. at CityHall; and the American Cancer Society Relay for Life Saturday June 5 at Downey Adult School. Council Member Brossmer announced that he attended the Public Works department Annual Pancake Breakfast; the Contract Cities conference where educational sessions included risk management and public relations; the Downtown Subcommittee meeting; and Supervisor Knabe’s Annual Older Americans Recognition Day awards program presentation to resident John Vincent. City Council Minutes 05/25/10 1 Mayor Bayer announced that she presented a plaque to John Vincent, Older American award recipient at the Caf6 Quill event at the Barbara J. Riley Community and Senior Center. PRESENTATIONS: Mayor Bayer and Chief of Police Esteves introduced and recognized newly promoted Police Department employees: Captain Jim Heckel, Lieutenant Mbrk McDaniel, and Sergeant Terence Goeckner, Mayor Bayer presented a Certificate of Recognition to Jeremy Marquez, 5th grade student from Old River Elementary School, winner of the Greater Los Angeles Vector Control District’s student poster contest. RECESS : The Mayor called a brief recess at 7:58 p.m. The meeting reconvened at 8:01 p.m. Wth all Council Members present. PUBLIC HEARING: 1.ADOPTING BY REFERENCE THE 2007 CALIFORNIA BUILDING CODE WITH AMENDMENTS: Community Development. A.ADOPTED ORDINANCE NO. 10-1261, 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 (“DOWNEY BUILDING CODE”) AND MAKING AMENDMENTS THERETO (ADOPTING BY REFERENCE THE 2007 CALIFORNIA BUILDING CODE WITH AMENDMENTS). The Public Hearing was opened at 8:01 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. The staff reported was presented by Economic Development Director John Perfitt including a Power Point. This Ordinance adopts by reference the 2007 California Building Code with local amendments. The local amendments include: clarification of work exempted, time limits, revocation and expiration of building permits. Local amendments also clarify the permit fee structure and set forth the process for special inspections, including energy efficiency. Unpermitted structures are defined and the City is provided the authority to disconnect utilities vdlen necessary. There are more stringent requirements related to swimming pools. New materials are being allowed for the construction of playgrounds, walkways, driveways, parking areas and service stations. He indicated that the 2010 California Building Code will be published in July 2010 and will become mandatory January 1, 2011. Staff will begin review by the end of the year. It includes major changes to help meet California’s greenhouse gas emission targets. Tier 1 includes 15% more energy efficiency and Tier 2 is 30%. There will be a 20% reduction in water usage and a 50% recycling of construction materials. Non-toxic building material will be required. Noting no one coming forward to speak, it was moved by Council Member Brossmer, seconded by Council Member Gafin and so ordered to close the Public Hearing at 8:11 p.m. Council Member Guerra indicated that Director Perfitt has made a presentation to the Green Task Force about the environmental changes to the 2010 California Building Code and he is glad vw are being pro active and implementing the changes as soon as possible. City Council Minutes 05/25/10 9 It was moved by Council Member Brossmer, seconded by Council Member Guerra, and unanimously carried to adopt the Ordinance. NON-AGENDA PUBLIC COMMENT: Barbara Levine, manager with Los Angeles Economic Development Council, introduced herself and announced that they are available to help local businesses in Downey as well as the entire Gateway region. They work with various groups including the South East Los Angles County Workforce Investment Board (SELACO WIB). Lee Ann Sears, resident of Downey, announced the upcoming American Cancer Society Relay for Life being held from 9:00 a.m. June 5 to 9:00 a.m. June 6 at Dowley Adult School and encouraged everyone to participate. John Lacy, resident of Downey, commended the City and staff for trying to facilitate an agreement with Tesla Motor Company for electric car manufacturing in Downey. CONSENT ITEMS REMOVED: 2.APPROVE CITY COUNCIL MINUTES: Regular and Adjourned Meetings May 1 1, 2010: City Clerk. This item was removed at the request of Council Member Guerra and is listed under Other Business below. 4.APPROVE AMENDMENT TO AGREEMENT WITH ALL CITY MANAGEMENT EXTENDING FOR ONE yEAR CROSSING GUARD SERVICES: Police. Tbis item was removed at the request of Council Member Guerra and is listed under Other Business below. 6.APPROVE AGREEMENT WITH PYRO SPECTACULARS IN THE AMOUNT OF $30,000 FOR A FOURTH OF JULY FIREWORKS DISPLAY: Administration. This item was removed at the request of Mayor Bayer and is listed under Other Business below. 12 ADOPT RESOLUTION NO. 10- . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE SECOND AMENDED JOINT EXERCISE OF POWERS AGREEMENT OF THE ORANGELINE DEVELOPMENT AUTHORITY: Administration. This item was removed at the request of Council Member GaIn and is listed under Other Business below CITY COUNCIL CONSENT CALENDAR: 3.APPROVED WARRANTS ISSUED: Warrant Nos. 249933 – 250167; Wire Nos. 591 – 594 and 30002141 – 30002149; in the total amount of $5,160,487.59: Finance. 5.APPROVED RENEWAL OF CONTRACT WITH RIO HONDO COMMUNITY COLLEGE DISTRICT FOR THE USE OF THEIR WEAPONS FIRING RANGE FOR POLICE DEPARTMENT WEAPONS TRAINING: Police. 7.CASH CONTRACT NO. S.S. 621 – DOWNEY AVENUE PAVEMENT REHABILITATION (GARDENDALE STREET - ROSECRANS AVENUE): ACCEPTED THE IMPROVEMENTS AND MAINTENANCE RESPONSIBILITY; APPROVED PAYMENT OF $387,081 TO THE CITY OF PARAMOUNT; AND APPROPRIATED $37,081 FROM THE GAS TAX FUND: Public Works City Council Minutes 05/25/10 3 8.CASH CONTRACT NO. 664B – FIRE STATION NO. 1 PERIMETER WALLS PROJECT: ACCEPTED THE IMPROVEMENTS AND MAINTENANCE RESPONSIBILITY AND APPROVED THE FINAL CONSTRUCTION COST OF $30,689: Public Works. 9.CASH CONTRACT NO. 674A – DOWNEY THEATRE ASBESTOS ABATEMENT: APPROVED PLANS AND SPECIFICATIONS AND GRANTED AUTHORITY TO ADVERTISE FOR BIDS: Public Works. 10.CASH CONTRACT NO. 676B – SMALLWOOD TRANSIT YARD DEMOLITION: APPROVED PLANS AND SPECIFICATIONS AND GRANTED AUTHORITY TO ADVERTISE FOR BIDS: Public Works. 11.SET PUBLIC HEARING FOR JUNE 22, 2010 TO CONSIDER AN APPLICATION TO THE SECTION 108 LOAN GUARANTEE PROGRAM IN THE AMOUNT OF $3.8 MILLION AND AN AMENDMENT TO THE 2009-2010 ACTION PLAN: Community Development. ADMINISTRATIVE REPORTS: 13.SCHEDULED DATE AND TIME FOR A STUDY SESSION TO REVIEW THE PROPOSED 2010-11 BUDGET: Finance. A staff report was presented by City Manager Caton. There was City Council consensus to set the date of June 9, 2010 at 4:00 p.m. for the budget study session. 14.RECEIVED AND FILED CITY PARKS IMPROVEMENT MASTER PLAN: Community Services A staff report was presented by Community Services Director Phillips indicating that this item was requested by Mayor Pro Tem Marquez. He reported that staff has developed a twenty year master plan for capital improvement projects compiled from the needs assessment list reviewed annually by the Recreation and Community Services Commission and submissions from the Public Works Maintenance Division. In addition to the masterplan, the report includes park descriptions and recommendations, a field permit calendar, current instructional class offerings, playground inventory, park facility inventory and recreational services. The focus of the master plan improvements are replacement of park irrigation systems, turf refurbishing, renovation of athletic fields, ball diamonds, picnic shelters, playground equipment, restrooms and parking lot improvements. Council Member Brossmer inquired regarding the funding and Director Phillips responded that funding was not taken into consideration for this report. The City will continue to pursue any and all funding available including grant opportunities. Mayor Pro Tem Marquez thanked Director Phillips and staff for an excellent report prepared in the short period of time. He expressed that this will assist and enable staff to seek outside funding Council Member Gafin indicated that there is a need for a funding plan which is his biggest concern and expressed his appreciation for all of the work done on the report. Council Member Guerra expressed that our City parks and programs are critical to the quality of life for residents in Downey, especially with the population growth of younger families. He requested that the plan come back on an annual basis. City Council Minutes 05/25/10 4 In regards to Table 2, the recreation services, Council Member Brossmer requested additional information in regards to the participants and how many live in the City of Downey. Lou Ann Parker, resident of Downey, inquired regarding the improvements for Treasure Island park solar lighting and whether some of the funds can be used for equipment replacement. Dan Cristea, resident of Downey, expressed that the parks are a wonderful part of the City and questioned the 108 funding. City Manager Caton responded that Section 108 funds are actually a loan on future Federal Community Development Block Grant (CBDG) funds which are based upon eligible census tracks, and that part of the loan will be used to improve Apollo Park. Mr. Cristea stated that he has not seen any signs erected acknowledging the funding sources. Council Member Guerra stated that any time the City can get any monies from grants or other programs which will help the citizens of Downey, the City will be making applications. Council Member Brossmer requested that Public Works Director Ragland give a status report on Treasure Island lighting. Director Ragland reported that the wattage on the eHsting lights has been considerably increased and that we have applied for a $1 Million grant for other park improvements . It was moved by Council Member Brossmer, seconded by Council Member Guerra and unanimously carried to receive and file the master plan. OTHER BUSINESS: CONSENT CALENDAR – ITEMS REMOVED BY CITY COUNCIL APPROVAL: 2.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings May 1 1, 2010: City Clerk. Council Member Guerra requested that additional comments be added to the Regular Meeting minutes under his Council Comments regarding City Council travel. Those should include: noting that he read a letter discussing Council travel, the numbers that he stated, including that Council is 20% below budget on travel and that the rewards were many for the City including the Federal stimulus moneies in the last couple of years and in Sacramento. It was moved by Council Member Guerra, seconded by Council Member Brossrner and unanimously carried to approve the minutes as amended. 4.APPROVED AMENDMENT TO AGREEMENT WITH ALL CITY MANAGEMENT EXTENDING FOR ONE YEAR CROSSING GUARD SERVICES: Police. Council Member Guerra requested clarification of this item. Police Chief Esteves reported that the proposed funding for next fiscal year is $150,000 as compared to last years $210,000. He assured Council that there was careful consideration given and that safety will not be compromised. Other cities were surveyed as to which entities pay for crossing guards and about 1/3 of them jointly pay, 1/3 the school districts pay, and 1/3 the cities pay. It was moved by Council Member Guerra, seconded by Council Member Brossrner and unanimously carried to approve the amendment. City Council Minutes 05/25/10 5 6.APPROVED AGREEMENT WITH PYRO SPECTACULARS IN THE AMOUNT OF $30,000 FOR A FOURTH OF JULY FIREWORKS DISPLAY: Administration. Mayor Bayer requested an update on this item. DeputyCity Manager Sauter reported that to date $36,000 in pledges have been received, $7,000 has been deposited @th the City and work continues for additional pledges. The fireworks display will be at Downey High School at 9:00 p.m. Mayor Bayer expressed concern about the pledges versus the money and City Manager Caton indicated that administratively the contract can be held for signatures until the pledges have been paid. It was moved by Council Member Brossmer, seconded by Council Member Guerra and unanimously carried to approve. 12.ADOPTED RESOLUTION NO. 10-7187, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE SECOND AMENDED JOINT EXERCISE OF POWERS AGREEMENT OF THE ORANGELINE DEVELOPMENT AUTHORITY: Administration. Council Member GaIn had pulled this item and he expressed that he is always on the fence regarding the Orangeline. He noted there are five items to be amended and he is glad to see number one that officially changes the project to a high speed transit system instead of limiting the project solely to Maglev technology. He indicated that item numberfour as written would preclude him from voting on this item. This allows their Board to set the member participation reirnbursernents, the stipend, rather than requiring an amendment to their By-Laws. Currently it is $100 per meeting and there is no cap on it. Tbere needs to be some tw)e of reasonable cap put on the stipends. City Manager Caton responded that if the Council goes to page ten of the agreement, they can see (b) Compensation and Expense Reimbursement which says: “all directors and alternate directors on the Board shall receive a stipend per meeting attended as the Mbmber’s voting representative upon a vote of the Board to authorize such stipends”, and you could put in some language “not to exceed ” (whatever amount you like) and we would just simply say the City of Downey has approved the amendments Wth this one amendment. Mayor Pro Tem Marquez, as the Citys representative, indicated that there has not been much discussion regarding the stipend. There has been a lot of major activity with the Orangeline itself in regards to its moving forward and becoming technology neutral. When Measure R passed in Los Angeles County, $250 Million was assigned to this project. In regards to the stipend, he supports language for a not to exceed amount of $100.00 per meeting. Mayor Pro Tem Marquez indicated that he has been very involved with this project for the last six or seven years and updates are being passed along on a regular basis. It is now one of the priority projects for the Council of Governments that Mayor Bayer sits on. Council Member Guerra indicated he agrees with Mayor Pro Tem Marquez on this amount. As the alternate for the City he reported that the project now has some good funding and it is being looked at very carefully. It was moved by Council Member GaIn, seconded by Council Member Brossmer and unanimously carried to approve this item, capping the stipend at $100 per meeting. City Clerk Midstokke clarified that the Resolution is adopted as amended as veII as the Agreement, amending Section 4.2(b). Prior to the vote, Harold Tseklenis, resident of Downey, expressed that he is glad to see that the project has been expanded and no longer limited to Maglev and questioned whether we could not pay the $10,000 participation fee this year, could we rejoin later. City Council Minutes 05/25/10 6 Council Member Guerra responded that this fee is paid from Proposition A funds, not General Funds. He indicated the mass transit is needed, there is some Federal funding and he doesn’t see it as a wise decision to pull out at this time. Mayor Bayer expressed that she shares the view of Mr. Tseklenis, noting that the fees to the member cities have gone up since the inception and she would like to consider a cap on this amount. She indicated this issue can be discussed further at the budget meeting. STAFF MEMBER COMMENTS: City Manger Caton indicated that the Preliminary Budget for Fiscal Year 2010-1 1 has probably been the most difficult to prepare in his twenty one years with the City and he thanked Finance Director Michicoff for his dedicated work. He thanked John Lacy for his comments regarding the Tesla development, noting that the $50 Mllion from Toyota trumped the Citys year and a half efforts. He noted that the Kaiser development created 4,000 new jobs and was a ten year effort and that the City will continue to work diligently regarding the Downey Studios site. ADJOURNMENT: The meeting adjourned at 9:01 p.m. to 6:30 p.m., June 8, 2010. Q L.'nT[39R)-KF<U©tTJFkKA' .n ,hb„– ANNE M. BAYER, Mayor City Council Minutes 05/25/10 7