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HomeMy WebLinkAbout03b. Minutes - 07-13-10 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JULY 13, 2010 The City Council of the City of Downey held a Regular Meeting at 7:36 p.m., July 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 Mayor Luis H. Marquez Mayor Pro Tem Roger C. Brossmer David R. Gafin Mario A. Guerra 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 John Michicoff, Finance Director John Oskoui, Public Works Director Thad Phillips, Community Services 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 he attended the Independent Cities Association (ICA) Conference in Rancho Bernardo last weekend, including participating in strategic planning sessions as well as pension and health care reform workshops; announced the Green Task Force was nd nominated for the South Coast Air Quality Management District 22 Annual Clean Air Award; th thanked Deputy City Manager Sauter, sponsors and staff for the excellent 4 of July Extravaganza; noted last week part of Transit Yard at Apollo Park was demolished; commended Deputy City Manager Alvarez on his works on the Cerritos Signal Hill water issue; and mentioned that Southern California Edison smart meters have been installed throughout Downey. Council Member Gafin reported he attended the ICA Conference including sessions on “Saving Local Services: What’s Next?” and “Form Based Codes: How They Can Rejuvenate Your City”; reminded everyone about the Furman Park Concerts in the Park series tomorrow evening; and th thanked Deputy City Manager Sauter for the 4 of July Extravaganza. -1- City Council Minutes 07/13/10 Council Member Brossmer reported he attended the ICA Conference including sessions on “California Economic and Political Future” and “Green Cities of the Future: What Will It Take?”; th thanked Deputy City Manager Sauter and Downey High School Principal Tom House for the 4 of July Extravaganza; and announced the Columbia Memorial Space Science Learning Center will be hosting Lego Robotics Summer Camps in 3 sessions. Mayor Pro Tem Marquez reported he attended the ICA Conference including session on “Educational Cutbacks and its impacts on Cities”. Mayor Bayer introduced the new Public Works Director John Oskoui; and recognized Council Candidates Lee Ann Sears and Alex Saab in the audience. PRESENTATIONS: Mayor Bayer and Council Member Gafin presented Certificates of Appointment to appointees to the Public Works Committee: Bill Minasian and Martin Susnir, Council District One. PUBLIC HEARINGS: 1. CODE AMENDMENT 06-120, REVISION C, REGARDING OUTDOOR DINING AREAS TO BE APPROVED WITH A MINOR CONDITIONAL USE PERMIT: Community Development. A. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING CODE AMENDMENT NO. 06-120, REVISION C, THEREBY AMENDING SECTIONS 9314.06 (B)(2) AND 9814.04(H) OF THE DOWNEY MUNICIPAL CODE TO ALLOW OUTDOOR DINING AREAS TO BE APPROVED WITH A MINOR CONDITIONAL USE PERMIT; AND ADOPTION OF A NEGATIVE DECLARATION. The Public Hearing was opened at: 7:59 p.m. The City Clerk affirmed receipt of Proof of Publication. It was moved by Council Member Brossmer, seconded by Council Member Gafin and receive/file the proof of publication. so ordered to Senior Planner Blumenthal presented the staff report explaining that currently a site plan review is required to allow outdoor seating, which can be expensive and cumbersome to the business owner. Staff is suggesting that the review process be moved to the minor conditional use permit category, therefore, cutting the costs to the businesses and speeding up the process. Council Member Brossmer noted he met with a group of businesses who felt this was a great concern for them and requested further review of the fencing requirements and other conditions required for outdoor seating areas, as he feels they are too prohibitive. Council Member Guerra agreed the fencing restrictions are too invasive as well. Mayor Pro Tem Marquez stated that this is a good start to making the permitting process more business friendly. There being no one from the audience coming forward to speak, it was moved by Council close the Public Member Brossmer, seconded by Council Member Gafin and so ordered to Hearing, the time being 8:06 p.m. It was moved by Council Member Gafin, seconded by Council Member Guerra and introduce the Ordinance. unanimously carried to -2- City Council Minutes 07/13/10 NON-AGENDA PUBLIC COMMENT: No came forward to speak. CONSENT ITEMS REMOVED: 5. APPROVE AGREEMENT WITH THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY FOR IMPLEMENTATION OF THE LOS CERRITOS CHANNEL METALS TOTAL MAXIMUM DAILY LOAD AND APPROPRIATED $30,000 FROM THE GENERAL FUND: Administration. This item was pulled at the request of Mayor Pro Tem Marquez and is listed under Other Business below. 8. CASH CONTRACT NO. S.S. 576 – PARAMOUNT BOULEVARD PAVEMENT REHABILITATION – BROOKMILL ROAD TO ALAMEDA STREET: Public Works. This item was pulled at the request of Council Member Gafin and is listed under Other Business below. A. APPROVE PLANS AND SPECIFICATIONS AND GRANT AUTHORITY TO ADVERTISE FOR BIDS; and B. ADOPT RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. 027-N TO THE CITY OF DOWNEY – STATE MASTER AGREEMENT NO. 07-5334R FOR THE PARAMOUNT BOULEVARD PAVEMENT REHABILITATION PROJECT (CASH CONTRACT NO. S.S. 576). 9. ADOPT RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY POLICE OFFICERS’ ASSOCIATION (June : 30, 2008 – June 30, 2012)Administration. This item was pulled at the request of Council Member Guerra and is listed under Other Business below. 10. ADOPT RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY POLICE MANAGEMENT ASSOCIATION BY ADOPTING THE SIDE LETTER OF AGREEMENT: (June 30, 2008 – : June 30, 2011)Administration. This item was pulled at the request of Council Member Guerra and is listed under Other Business below. 11. ADOPT RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DEFERRING A SCHEDULED SALARY RANGE ADJUSTMENT FOR THE POSITION OF CHIEF OF POLICE TO FISCAL YEAR 2011-12: Administration. This item was pulled at the request of Council Member Guerra and is listed under Other Business below. CONSENT CALENDAR: It was moved by Council Member Brossmer, seconded by Council Member Gafin, and approve the remainder of the Consent Calendar unanimously carried to items as recommended: 2. APPROVED CITY COUNCIL MINUTES:: Regular and Adjourned Meetings June 22, 2010 City Clerk. -3- City Council Minutes 07/13/10 3. APPROVED WARRANTS ISSUED: Warrant Nos. 250933 - 251556; Wire Nos. 30002168 – : 30002186 and 603 - 607; in the total amount of $7,835,301.85 Finance. 4. APPROVED COMMITMENT OF $182,000 IN HOME FUNDS TO HABITAT FOR HUMANITY OF GREATER LOS ANGELES FOR THE ACQUISITION OF 7036 DINWIDDIE STREET – UNIT 12; AND AUTHORIZED STAFF TO PREPARE THE NECESSARY DOCUMENTS TO INITIATE THE TRANSACTION: Community Development. 6. APPROVED EXTENSION OF AGREEMENT WITH GRANICUS, INC. FOR INTERNET REPLAY BROADCASTS OF THE CITY COUNCIL AND PLANNING COMMISSION MEETINGS THROUGH JUNE 30, 2011: Administration. 7. APPROVED AGREEMENT WITH WESTERN AUDIO VISUAL FOR $168,000 FOR THE FIRST PHASE OF THE MULTIMEDIA TECHNOLOGY ENHANCEMENT PROJECT FOR THE COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER: Administration. 12. ADOPTED RESOLUTION NO. 10-7208, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING CLASS SPECIFICATIONS AND ESTABLISHING SALARY RANGES FOR THE POSITIONS OF ASSISTANT PUBLIC WORKS DIRECTOR, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR, AND FORENSIC SUPERVISOR AND ADOPTING CLASS SPECIFICATIONS FOR THE EXISTING POSITIONS OF PROPERTY AND EVIDENCE TECHNICIAN, TRANSIT DISPATCHER/DRIVER, AND NEIGHBORHOOD PRESERVATION COORDINATOR: Administration. 13. ADOPTED RESOLUTION NO. 10-7209, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF DEE BACUS TO THE EMERGENCY PREPAREDNESS COMMITTEE FOR COUNCIL DISTRICT ONE: Administration 14. ADOPTED RESOLUTION NO. 10-7210, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENTS OF PATRICIA KOTZE AND MARYBETH VERGARA TO THE PUBLIC WORKS COMMITTEE FOR COUNCIL DISTRICTS TWO AND FIVE: Administration. ADMINISTRATIVE REPORTS: 15. ADOPT RESOLUTION NO. __________, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 2, 2010: City Clerk. City Clerk Midstokke presented a staff report explaining that the Council needs to adopt a Resolution to provide for a Special Runoff election in the event of a tie vote or they may choose to receive and file the report which would provide for a tie to be broken by the flipping of a coin or other similar type of event. Council Member Gafin clarified that voting for the Resolution meant there would be a Special Election. Council Member Brossmer stated it would be more cost effective to use the coin toss method rather than having a Special Election. Council Member Guerra and Mayor Pro Tem Marquez noted their agreement. -4- City Council Minutes 07/13/10 It was moved by Council Member Gafin, seconded by Council Member Guerra and receive and file the report. unanimously carried to 16. APPROVE CONTRACT WITH _________ FOR THE PUBLICATION OF LEGAL NOTICES: City Attorney. City Attorney Lee presented the staff report explaining that per the Charter the City is required to publish all legal notices in a newspaper of general circulation and when there is more than one newspaper of general circulation, the City must competitively bid for publication of the notices. The contract must be on an annual basis and may only pay “customary” rates, additionally Section 2908(e) of the Downey Municipal Code (DMC) requires the City Council to award the contract to the lowest responsible bidder. He concluded that the Herald American is the qualified bidder that submitted the lowest bid and he recommended they should be awarded the contract. Council Member Guerra noted his disagreement and stated that DMC section 2908 states “lowest and best bidder”, he was concerned that the City had been violating its own Charter by using a newspaper that is not adjudicated within the City and he considers “lowest and best” to be the paper that provides the most coverage within the City and suggested that the Herald American be rejected and the contract be granted to the Downey Patriot. It was moved by Council Member Guerra and failed for lack of a second to reject the Herald American bid and grant the contract to the Downey Patriot. Council Member Gafin stated he has a problem with the bid process and noted his confusion as to how the City has been using the Press Telegram but we can reject their bid. He noted that the Herald American while meeting the qualifications has very little circulation within the City and doesn’t feel the citizens would be getting the information. He requested a report on the effects of switching from a daily newspaper to a weekly newspaper and suggested all bids be rejected until the information is provided. City Attorney Lee responded that the Press Telegram while being an adjudicated newspaper within Los Angeles County has failed to provide proof that they are adjudicated for the City of Downey and staff did not have a clear understanding of their adjudication, as well as being unaware that there were any other qualified newspapers. He noted that there is not a clear definition of what “best” means in the Charter wording and therefore the appropriate process is to go by contract law and accept the lowest bidder that meets the criteria. Council Member Guerra explained that he feels “best” means the newspaper that reaches the most citizens, not what they charge per ad. City Attorney Lee reiterated that the cost of publication is what the City is required to look at in the competitive bid process. He continued by explaining that switching from a daily newspaper to a weekly newspaper will require staff to meet the deadlines of the weekly paper and can have an effect on Public Hearing notices and the like. Council Member Guerra questioned if the contract was granted to a weekly newspaper then couldn’t a daily newspaper be used as backup to meet deadlines when it is appropriate. City Manager Caton replied that 95% of the time a weekly newspaper will be fine for most notices, the only issue would be when there are delays from staff and a daily newspaper could be used as a backup for this. He noted that the City Attorney is giving the Council his best legal advice on the matter and suggested that the Council reject all bids and resubmit for bid adding distribution as an important element. -5- City Council Minutes 07/13/10 It was moved by Council Member Guerra, seconded by Council Member Gafin and reject all bids. unanimously carried to 17. RECEIVED AND FILED REPORT REGARDING URBAN RUNOFF AND TOTAL DAILY MAXIMUM LOADS: Administration. Deputy City Manager Alvarez presented a Power Point presentation explaining that the California Regional Water Quality Control Board-Los Angeles Region (LARWQCB) will be adopting the Los Angeles River TMDL. This regulation will be the most costly of several watershed Total Daily Maximum Loads (TMDLs) that have either been adopted or are proposed for adoption in the future. The financial impact to cities is projected to be severe although unknown at this time. He explained that TMDLs are used clean specific bodies of water for beneficial use such as: swimming and fishing. The standards being set are nearly impossible to meet and compliance cost for Los Angeles County is estimated at $280 billion dollars. He continued explaining that the Los Angeles River bacteria – dry weather TMDL implementation costs alone are estimated at $1.1 billion and the regional board estimated wet-weather compliances costs of $5.4 billion. The TMDL ignores the fact that the water bodies being regulated are set to standards for uses that will never occur in them. In May 2010 a survey of watershed cities was taken and 90% have budget deficits, 86% reduced services, 50% have hiring freezes and 25% have layoffs, whereas, the TMDL will annually consume 8.4% of the average city general fund budget. It is estimated for wet weather TMDLs Downey could pay $66 million dollars. He concluded by stating that the Environmental community is very active in using the court systems to force this issue forward and it is going to be very expensive for all watershed cities. Mayor Pro Tem Marquez commended Deputy City Manager Alvarez for working on this item and his understanding of these issues. He noted that the City has to meet the mandates and it is will be a serious impact to the community. The following people spoke in regards to this item stating that the regulations were unrealistic for compliance: Bill Minasian Dan Cristea It was moved by Council Member Guerra, seconded by Mayor Pro Tem Marquez and receive and file the report. unanimously carried to OTHER BUSINESS: CONSENT ITEMS REMOVED: 5. APPROVED AGREEMENT WITH THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY FOR IMPLEMENTATION OF THE LOS CERRITOS CHANNEL METALS TOTAL MAXIMUM DAILY LOAD AND APPROPRIATED $30,000 FROM THE GENERAL FUND: Administration. Mayor Pro Tem Marquez explained that he removed this item to bring attention to the costs and regulations that are coming down and will affect the City. It was moved by Mayor Pro Tem Marquez, seconded by Council Member Gafin and approve the agreement. unanimously carried to -6- City Council Minutes 07/13/10 8. CASH CONTRACT NO. S.S. 576 – PARAMOUNT BOULEVARD PAVEMENT REHABILITATION – BROOKMILL ROAD TO ALAMEDA STREET: Public Works. A. APPROVED PLANS AND SPECIFICATIONS AND GRANTED AUTHORITY TO ADVERTISE FOR BIDS; and B. ADOPTED RESOLUTION NO. 10-7204, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. 027-N TO THE CITY OF DOWNEY – STATE MASTER AGREEMENT NO. 07-5334R FOR THE PARAMOUNT BOULEVARD PAVEMENT REHABILITATION PROJECT (CASH CONTRACT NO. S.S. 576). Council Member Gafin requested that the contractors be given deadlines to complete projects and have fines enforced for not meeting the deadlines as they are starting one project and moving on to a new project before completing the first one leaving the streets a disaster. City Manager Caton noted that staff is aware of this issue and the new Public Works Director has been charged with resolving it. It was moved by Council Member Gafin, seconded by Council Member Guerra and approve plans and specifications and to adopt the Resolution. unanimously carried to 9. ADOPTED RESOLUTION NO. 10-7205, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY POLICE OFFICERS’ ASSOCIATION (June : 30, 2008 – June 30, 2012)Administration. This item was discussed and voted on along with item Nos. 10 and 11. 10. ADOPTED RESOLUTION NO. 10-7206, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY POLICE MANAGEMENT ASSOCIATION BY ADOPTING THE SIDE LETTER OF AGREEMENT: : (June 30, 2008 – June 30, 2011) Administration. This item was discussed and voted on along with item Nos. 9 and 11. 11. ADOPTED RESOLUTION NO. 10-7207, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DEFERRING A SCHEDULED SALARY RANGE ADJUSTMENT FOR THE POSITION OF CHIEF OF POLICE TO FISCAL YEAR 2011-12: Administration. Council Member Guerra noted that in June 2008, these groups entered into a three year contract and last week these groups met and voted to defer the raises that were due on July 1, 2010, saving the City $733,014 in this fiscal budget to the next budget. He thanked the associations for being team players. Council Member Brossmer noted his pride in the Police Department for their actions on this issue. Council Member Gafin stated how great it is to see this kind of team effort in our City and thanked the Police Department for their actions. Mayor Pro Tem Marquez thanked the association for their actions, stating that in these difficult financial times it is great to have this kind of cooperation. It was moved by Council Member Guerra, seconded by Council Member Gafin and adopt the Resolutions. unanimously carried to -7- City Council Minutes 07/13/10 STAFF COMMENTS: City Manager Caton recognized Assembly Member De La Torre’s representative, Mike Holland in the audience and thanked him for all the work he’s done for the City in the past several years; stated that it is unheard of what the Police Department did by deferring their raises and the City is lucky to have such a quality department; and responded to the previous speaker that the lobbyist the City contracts with are not typical lobbyist and fight the bureaucracy and red tape in Washington and Sacramento on behalf of the City. ADJOURNMENT: The meeting adjourned at 9:20 p.m. to 6:30 p.m. to July 27, 2010. ___________________________________ ____________________________ KATHLEEN L. MIDSTOKKE, City Clerk ANNE M. BAYER, Mayor -8- City Council Minutes 07/13/10