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HomeMy WebLinkAbout01a. Minutes - 07-27-10 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JULY 27, 2010 The City Council of the City of Downey held a Regular Meeting at 7:33 p.m., July 27, 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 Gafin requested an update on the Traffic Calming program; that the policy of issuing Street Sweeping tickets on Federal and State Holidays be reviewed; and that the portion of Lakewood Boulevard from Gardendale Street to the southern border be acquired from CalTrans and repairs be made. th Council Member Guerra announced he attended the 66 Neighborhood Watch meeting last th week with Council Member Brossmer; a Sister City meeting last week regarding their 50 anniversary with Guadalajara; reported that the City Manager receives a salary of $220,480., the Assistant City Manager receives $200,719. and the Police Chief makes $195,159. while the Council Members receive a monthly stipend of $697.35 and the Mayor $821.67; and requested that the fencing installed at Apollo park for two Public Works trucks be removed. Mayor Bayer recognized her commissioner, Lee Ann Sears and her mother in the audience. -1- City Council Minutes 07/27/10 PRESENTATIONS: Mayor Bayer and Police Chief Esteves presented Certificates of Recognition for assistance provided to the United States Secret Service to Police Department Forensic Specialist Deborah Krueck, and Code Enforcement Officers Vicki Seib, Chris Travers and Robert Weinrich. Mayor Bayer presented Certificates of Appointment to appointees to the Public Works Committee: Patricia Kotze, Council District Two; Joan Frey, Council District Three; and Marybeth Vergara, Council District Five; and Emergency Preparedness Committee: Dee Bacus, Council District One. Mayor Bayer presented Proclamations to Parents of the Year 2010: Robin and Karin Kirkpatrick, Downey High School; and Lorena Eaton Morales, Warren High School. Mayor Bayer presented a Certificate of Appreciation to Edgar Cadena in recognition of his retirement after 30 years of service to the United States Postal Service - Downey branch. recessedreconvened The meeting at 7:56 p.m. and at 7:59 p.m. with all Council Members present. PUBLIC HEARINGS: 1. GRANTED OIL PIPELINE FRANCHISE TO PARAMOUNT PETROLEUM CORPORATION: Public Works. A. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING AN OIL PIPELINE FRANCHISE TO PARAMOUNT PETROLEUM CORPORATION. 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 and file so ordered, to the proof of publication. Public Works Director Oskoui presented the staff report explaining that in 1995 a 10 year franchise was granted to Golden West Refining to install, operate, maintain, replace, etc. a pipeline for the transportation of oil, gas, and petroleum. The pipeline is an 8 inch internal diameter underground pipeline that runs 11,869 feet along Paramount Boulevard. In 2002 Paramount Petroleum Corporation purchased the pipeline and assumed all of the seller’s rights, title and interest; however they have never paid the franchise fees owed to the City. He continued by stating that the negotiations for the payment of back fees and rates for new fees have been completed and staff is recommending that the Franchise Agreement be granted. The agreement will be for 20 years at the rate of $1.22 per linear foot subject to adjustments. Steve Figeroua, representative for Ronald Bours, suggested that conditions should be added to pay for veteran transitional programs. Harold Tseklenis, resident of Downey, asked if there are requirements for independent safety reports annually. It was moved by Council Member Gafin, seconded by Council Member Brossmer and so close ordered to the Public Hearing, the time being 8:04 p.m. -2- City Council Minutes 07/27/10 Council Member Guerra clarified that this is an existing pipeline and they would simply be renewing the franchise. City Attorney Lee explained that maintenance obligations and a security bond requirement are part of the agreement that will ensure maintenance of the pipeline as well as additional conditions imposed. It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Marquez and introduce the Ordinance. unanimously carried to 2. WATER SYSTEM 2010 REPORT ON PUBLIC HEALTH GOALS: Public Works. A. ADOPTED RESOLUTION NO. 10-7211, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE WATER SYSTEM 2010 REPORT ON PUBLIC HEALTH GOALS. The Public Hearing was opened at: 8:06 p.m. The City Clerk affirmed receipt of Proof of Publication. It was moved by Council Member Brossmer, seconded by Council Member Guerra and receive and file so ordered to the proof of publication. Public Works Director Oskoui explained that the California Health and Safety Code (Section 116470) mandates that a public water system that serves more than 10,000 connections must prepare a Public Health Goals Report by July 1, 2010 providing information on the detection of any contaminants in the public water system for the period between 2007 and 2009. He noted that the report provides information on the levels of contaminants that falls below the enforceable mandatory standards that are established by the Environmental Protection Agency (EPA). He concluded that the drinking water quality of the City of Downey potable water system meets all California Department of Health and EPA standards Council Member Guerra explained that the water system in Downey is tested on a weekly basis under a very stringent schedule and noted that he supports the 9 recommendations on water conservation for citizens. There being no speakers from the Public, it was moved by Council Member Gafin, seconded close by Council Member Brossmer and so ordered to the Public Hearing, the time being 8:13 p.m. There being no further discussion it was moved by Council Member Gafin, seconded by adopt the Resolution. Council Member Brossmer and unanimously carried to NON-AGENDA PUBLIC COMMENT: The following persons spoke in regards to the ongoing Steven Bours case: Steve Figeroua Ron Bours Nikki Otto Chuck Anna, resident of Downey, asked what the status is on the 3 cultural programs approved last December and the John Gately Downey bust. -3- City Council Minutes 07/27/10 CONSENT ITEMS REMOVED: 6. APPROVE AGREEMENT WITH KJ SERVICES ENVIRONMENTAL CONSULTING TO IMPLEMENT THE USED OIL PAYMENT PROGRAM: Public Works. This item was removed by Council Member Guerra and is listed under Other Business below 9. INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 4230 AND 10110, AND ADOPTING A NEW CHAPTER 3 IN ARTICLE X, ENTITLED DOG PARK AREAS, OF THE DOWNEY MUNICIPAL CODE TO PERMIT DOGS TO RUN OFF-LEASH IN CERTAIN PARK AREAS DESIGNATED BY THE CITY: Administration. This item was removed by Council Member Brossmer and is listed under Other Business below. 10. ADOPT ORDINANCE NO. 10-____, 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: Community Development. This item was removed by Council Member Brossmer 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: 3. APPROVED CITY COUNCIL MINUTES: Adjourned Meeting July 6, 2010; Regular and : Adjourned Meetings July 13, 2010 City Clerk. 4. APPROVED WARRANTS ISSUED: Warrant Nos. 251557 – 251862; Wire Nos. 30002187 – : 30002196 and 608 – 612; in the total amount of $3,483.272.67 Finance. 5. CASH CONTRACT NO. S.S. 610 – PEDESTRIAN COUNTDOWN HEADS: Public Works. A. APPROVED PLANS AND SPECIFICATIONS AND GRANTED AUTHORITY TO ADVERTISE FOR BIDS; AND B. ADOPTED RESOLUTION NO. 10-7212, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. 028-N TO THE CITY OF DOWNEY-STATE MASTER AGREEMENT NO. 07-5334R FOR PEDESTRIAN COUNTDOWN HEADS PROJECT (CASH CONTRACT NO. S.S. 610). 7. APPROPRIATED $81,000 FROM THE NASA GRANT AND AUTHORIZED PURCHASE OF IMPROVEMENTS FOR THE COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER’S RESOURCE COMPUTER LAB AND RESERVATION/MEMBERSHIP COMPUTER SYSTEM: Administration. 8. ADOPTED RESOLUTION NO. 10-7213, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE FINANCE DEPARTMENT: Administration. -4- City Council Minutes 07/27/10 ADMINISTRATIVE REPORTS: 11. RECEIVED AND FILED REPORT ON UPDATE OF THE COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER: Administration. Assistant Deputy City Manager Pomrehn presented the staff report noting that since the official opening in October 2009 staff has been working to complete the initial group of planned exhibits and implement educational programs and historic workshops related to the site. The Challenger Learning Center has opened and held several missions with students with increased use expected next school term; and a Robotics Lab summer camp was initiated that has proven to be very successful. He announced that there are many exciting things on the horizon such as: the thth work beginning on August 16 in Lab 2 for the new Media Center; on August 30 the Challenger Learning Center will be dedicated at 4:00 p.m.; the relocation of the Apollo capsule to the amphitheatre; the installation of the membership system; the addition of an after school robotics lab program; the issuance of a commemorative coin collection; the installation of signage at the site; recruiting for college students to become Challenger Learning Center Specialist; the ongoing marketing of the center and the possibility of having NASA inflight download links for the last trip to the space station. Council Member Guerra noted that his son is participating in the Robotics Camp and he is very pleased with how it is being run. Mayor Pro Tem Marquez asked what the hours of the center are and was told they are open Tuesday through Saturday from 10:00 a.m. – 5:00 p.m. as well as hosting special events when they are closed to the Public. Chuck Anna, resident of Downey, noted he had seen the robot display at the Concerts in the Park and how impressed he is with the program. It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Marquez and receive and file the report. unanimously carried to OTHER BUSINESS: 12. GREEN TASK FORCE REPORT: Council Member Guerra, Chairperson and Mayor Pro Tem Marquez, Vice-Chairperson. A. REVIEWED AND CONSIDERED ACTION ON ITS RECOMMENDATIONS; AND B. PRESENTED CERTIFICATES OF APPRECIATION TO MEMBERS FOR THEIR SERVICE. Council Member Guerra, as the Green Task Force Chairperson, presented a Power Point presentation reporting on the mission, goals, accomplishments and recommendations. The task force accomplished: installation of recycling trash containers in City Hall, reduction of solar installation permit fees, institution of a “Day without a Bag”, implemented a pilot education program in the School District, authorized and sponsored a conservation gardening workshop, developed a Downey Green Page on the City’s website, and participated in a high efficiency toilet retrofit program for multifamily buildings. The Task Force is recommending short and long term targets. Short term targets are: the establishment of a permanent Green Task Force, designate occasions and opportunities to celebrate sustainable living and educate the community, publicize, reinforce and enhance water conservation and energy efficiency programs, install recycling containers in public parks and municipal public areas, promote business sustainability through the creation and distribution of sustainable business practices kits, enhance sustainable building opportunities through code -5- City Council Minutes 07/27/10 updates and review municipal fees associated with sustainable construction and retrofit programs to identify possible incentives to increase implementation, establish a citywide policy to refrain from using expanded polystyrene at City functions, publicize and expand the “Green Streets Program”, and provide links to sustainable and green-oriented organizations from the City’s website. Long term targets include: establish an ongoing strategy for implementing drought tolerant landscaping practices, establish a City policy for replacement of City vehicles with electric, hybrid, or other low-emission vehicles, establish a plan to promote low-emission mass transit, and establish a City policy for retrofitting municipal and industrial building with photovoltaic panels. Subcommittee members Lars Clutterham and Bob Ciatti introduced members on their sub- committees and explained what they were tasked with. Council Member Guerra explained that all subcommittees reported back to the Task Force where the items were debated and decided. Mayor Pro Tem Marquez noted that it was a pleasure to serve as the Vice-Chairperson of this committee and having the members working on ideas to bring forward to the Council. Council Member Gafin stated that he will support making this a permanent committee as recommended in Item No. 1; however, he could not support approving the other 12 items without full reports being brought back on each item as there is not enough information provided. Council Member Guerra responded that they would just be approving them conceptually and all items would have to come back to Council for final approval. Council Member Gafin reiterated that he could not approve items 2-13 at this time. Council Member Brossmer suggested that the recommendations be accepted instead of approved. Mayor Bayer stated that the Task Force has done an excellent job and thinks that the recommendations are all great ideas; however she noted that when the Task Force was formed it was stated that it was a temporary committee and asked if the newly formed Public Works Commission couldn’t take on these recommendations. She also corrected that the Task Force had cost approximately $2000 for food, when it was stated there were no costs associated. Council Member Guerra responded that the Public Works Commission will not be covering the areas as recommended by the Task Force and that the people serving on the Task Force deserved to be fed. Mayor Pro Tem Marquez suggested that the recommendations be accepted and that a permanent committee be formed. It was moved by Mayor Pro Tem Marquez, seconded by Council Member Guerra and carried accept the report, approve recommendation Item No. 1 noting the dissent of Mayor Bayer, to and accept Item Nos. 2-13. Bill Minasian, resident of Downey, noted he had recently been appointed to the Public Works Committee and stated that there are many duplications in the duties with what their committee has been tasked with. Bob Ciatti, resident of Downey, noted that Coca-Cola and his company covered some of the costs of the lunches. Mayor Bayer apologized and reiterated that she feels the Task Force did an excellent job; however no other committee or commission receives food and tax dollars should not be spent on it, especially in these economic times. Council Member Guerra noted that the recommended items were not the same as items tasked to the Public Works Committee. -6- City Council Minutes 07/27/10 CONSENT ITEMS REMOVED: 6. APPROVED AGREEMENT WITH KJ SERVICES ENVIRONMENTAL CONSULTING TO IMPLEMENT THE USED OIL PAYMENT PROGRAM: Public Works. Council Member Guerra explained that he wanted to recognize the new Cal Grant of $30,000 that will be used towards the disposal of used motor oil. It was moved by Council Member Guerra, seconded by Council Member Gafin and approve the agreement. unanimously carried to 9. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 4230 AND 10110, AND ADOPTING A NEW CHAPTER 3 IN ARTICLE X, ENTITLED DOG PARK AREAS, OF THE DOWNEY MUNICIPAL CODE TO PERMIT DOGS TO RUN OFF-LEASH IN CERTAIN PARK AREAS DESIGNATED BY THE CITY: Administration. Council Member Brossmer noted he is pleased with the dog park coming to fruition; however, he is concerned about the monitoring and enforcement of the parks rules and regulations and about dogs that are vicious in nature participating. Council Member Gafin explained that the policy is the same for all parks, where if there is an incident the Police Department is called and also SEACCA if it were under their jurisdiction. He suggested a proposal for an Ordinance related to vicious animals would address Mr. Brossmer’s concerns. It was moved by Council Member Gafin, seconded by Mayor Pro Tem Marquez and unanimously introduce the Ordinance. carried to 10. ADOPTED ORDINANCE NO. 10-1262, 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: Community Development. Council Member Brossmer thanked staff for addressing this issue and requested that fencing restrictions and furniture types be looked into. It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Marquez and adopt the Ordinance. unanimously carried to STAFF COMMENTS: City Manager Caton mentioned that on the back table there are copies of a Press Release issued regarding staff salaries and Council reimbursement amounts. He explained that the budget is on the City website with all salaries and that the Charter prohibits the Council from receiving a salary or benefits. recessedreconvened The meeting to Closed Session at 9:46 p.m. and with all Council Members present at 11:00 p.m. There were no actions to report. -7- City Council Minutes 07/27/10 ADJOURNMENT: The meeting adjourned at 11:00 p.m. to 6:30 p.m., August 10, 2010. ___________________________________ ____________________________ KATHLEEN L. MIDSTOKKE, City Clerk ANNE M. BAYER, Mayor -8- City Council Minutes 07/27/10