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HomeMy WebLinkAbout03. Minutes - 09-14-10 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING SEPTEMBER 14, 2010 The City Council of the City of Downey held a Regular Meeting at 7:33 p.m., September 14, 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 Charles S. Vose, Interim 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 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 reported that he attended the Amazing Day Foundation Suicide Prevention Walk, the Challenger Learning Center dedication, and the Blue Mass at Our Lady of Perpetual Help. Council Member Brossmer reported that he attended the Amazing Day Foundation Suicide Prevention Walk; he recognized his commissioners Roy Beard, Theresa Ford and Harold Tseklenis in the audience; and announced that a $400,000 grant was awarded to the City for the Treasure Island Park revitalization project. Council Member Guerra recognized his commissioners Robert Keiffer and Lars Clutterham and Council candidates Lee Ann Sears and Alex Saab in the audience; he congratulated his wife on th her 50 Birthday; reported he attended the Amazing Day Foundation Suicide Prevention Walk, the installation of officers for the Independent Cities Association, the Lt. Governor’s press conference for legislation signing and the 9/11 Remembrance with the U.S. Army; noted that the Character Counts th pillars were installed; announced his Town Hall meeting will be held on Wednesday, October 20 at the Barbara J. Riley center; stated that the Imperial Highway repaving project should be finished this week; and requested that the City plan a Day of Remembrance for 9/11 next year, an update on -1- City Council Minutes 09/14/10 installing WiFi in the Library and Civic Center area, an update on the Council Goals approved last year and a meeting of the Veteran’s Memorial subcommittee. Mayor Pro Tem Marquez recognized his commissioners Betty Monroy, Fernando Vasquez and Ernie Garcia in the audience; and suggested that the soccer fields at Discovery and Apollo Parks have synthetic grass installed. Mayor Bayer recognized her commissioner Lee Ann Sears in the audience; and announced th the Keep Downey Beautiful Clean-Up on September 25 at Rio San Gabriel Park in conjunction with Heal the Bay from 9:00 a.m. – 10:00 a.m. PRESENTATIONS: Mayor Bayer and Deputy City Manager Alvarez presented Certificates of Recognition to former Water Board members Ernest Garcia and Martin Susnir. Mayor Bayer and Police Captain Garza introduced the new Police Chaplains: Lui Tran, Lead Pastor at Downey United Methodist Church; and Charles Denisac, Deacon at Our Lady of Perpetual Help. Mayor Bayer presented a Proclamation declaring September as National Literacy Month. PUBLIC HEARING: 1. MUNICIPAL CODE AMENDMENT TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES: Community Development. A. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING CODE AMENDMENT NO. PLN-10-08054 – REVISION “D” TO CODE AMENDMENT NO. 06-120, AMENDING ARTICLE IX OF THE DOWNEY MUNICIPAL CODE TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES AND ADOPTING A NEGATIVE DECLARATION. opened The Public Hearing was at: 7:56 p.m. The City Clerk affirmed receipt of Proof of Publication. It was moved by Council Member Gafin, seconded by Mayor Pro Tem Marquez and so receive and file ordered by the Mayor, to the proof of publication. Community Development Director Saiki presented the staff report explaining that a temporary moratorium was adopted on November 10, 2009 and extended on December 15, 2009 due to the conflicts between Federal and State law. Staff was directed to study the potential of regulating or prohibiting the dispensaries and this extension is set to expire on November 10, 2010. On September 1, 2010 the Planning Commission adopted Resolution No. 10-2659 recommending that the City Council prohibit Medical Marijuana Dispensaries in the City. He cited that there are many secondary adverse impacts such as robberies, home break-ins, homicides, weapon violations, money laundering and criminal organization involvement as well as the illegal tampering of electrical systems at grow houses as reasons for the ban. David Schreck, resident of Downey, stated that if a collective is run properly the criminal aspects are not there and they provide benefits to the City such as tax revenues. He concluded that respect and caring needs to be shown to the patients by allowing safe collectives for them to go to. It was moved by Council Member Brossmer, seconded by Council Member Gafin and so close the Public Hearing ordered tothe time being 8:09 p.m. -2- City Council Minutes 09/14/10 Council Member Guerra stated he believes that medical marijuana does help patients and they should be able to get it from pharmacies and until it can be controlled better he is against having dispensaries in Downey. Council Member Gafin noted his concern with the criminal element involved with these centers and that until there are better regulations he is against them. It was moved by Council Member Guerra, seconded by Council Member Gafin and carried, introduce the Ordinance. noting the abstention of Mayor Pro Tem Marquez, to NON-AGENDA PUBLIC COMMENT: Del Esguerra, resident of Downey, explained he has been trying to work with City Officials and Nova Pro to settle his liability claim and receive an explanation for the denial and is not having any success. Lynn Parker, resident of Downey, thanked the City for pursuing the grant for Treasure Island Park improvements and announced the Unity in the Community Town Hall meeting will be held next Tuesday night. Greta Campbell, resident of Downey, thanked the Downey Police Department for being so gracious to her while she has been homeless and stated that the City should find ways to help the homeless residents. CONSENT ITEMS REMOVED: 4. CASH CONTRACT NO. S.S. 576 – PARAMOUNT BOULEVARD PAVEMENT REHABILITATION PROJECT FROM BROOKMILL ROAD TO ALAMEDA STREET: AWARD CONTRACT IN THE AMOUNT OF $625,000 TO HARDY & HARPER, INC.: Public Works. This item was removed at the request of Council Member Guerra and is listed under Other Business below. 7. ADOPT RESOLUTION NO. 10-____, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY WHICH ACCEPTS A FEE AND WAIVES THREE AUTOMOBILE PARKING SPACES REQUIRED FOR EDGEMONT CONSTRUCTION COMPANY TO SUB- LEASE A PORTION OF E & E ORTHOCRAFT, INC. AT 11108 DOWNEY AVENUE, IN THE DOWNTOWN PARKING ASSESSMENT DISTRICT: Community Development. This item was removed at the request of Council Member Guerra and is listed under Other Business below. CONSENT CALENDAR: It was moved by Council Member Gafin, seconded by Council Member Brossmer, and approve the remainder of the Consent Calendar unanimously carried to items as recommended: 2. APPROVED CITY COUNCIL MINUTES:: Regular and Adjourned Meetings August 24, 2010 City Clerk. 3. APPROVED WARRANTS ISSUED: Warrant Nos. 252620 – 253129; Wire Nos. 30002216 – : 30002225 and 632 – 638; in the total amount of $4,608,951.75 Finance. -3- City Council Minutes 09/14/10 5. CASH CONTRACT NO. 676A – SMALLWOOD TRANSIT YARD ASBESTOS AND LEAD ABATEMENT PROJECT: ACCEPTED THE IMPROVEMENTS AND APPROVED THE FINAL CONTRACT AMOUNT OF $26,089: Public Works. 6. APPROVED CONTRACT WITH THE FAIR HOUSING FOUNDATION FOR SERVICES IN THE AMOUNT OF $15,990: Community Development. 8. ADOPTED RESOLUTION NO. 10-7220, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING DESTRUCTION OF CERTAIN OBSOLETE CITY CLERK DEPARTMENT RECORDS: City Clerk. 9. ADOPTED RESOLUTION NO. 10-7221, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF ALEXANDER LOPEZ TO THE RECREATION AND COMMUNITY SERVICES COMMISSION FOR COUNCIL DISTRICT TWO: Administration. ADMINISTRATIVE REPORTS: None. OTHER BUSINESS: 10. FORMATION OF THE PERMANENT GREEN TASK FORCE AND IMPLEMENTATION OF GOALS: Council Member Guerra. Council Member Guerra noted that the formation of the Committee was approved at the July 27, 2010 meeting and he would like to vote on the sample Ordinance included in the report. It was moved by Council Member Guerra, seconded by Council Member Gafin and introduce the Ordinance titled “An Ordinance of the City Council of the unanimously carried to City of Downey Amending Article II Administration by Adding a New Part 8 Entitled “Green Task Force” to the Downey Municipal Code. Prior to the vote, Lars Clutterham, resident of Downey, noted concern that there may be a redundancy with the Public Works Committee and suggested it be added that they are to act with the Public Works Committee on overlapping issues. Following the vote, Council Member Guerra asked for clarification if staff is working on the remaining 12 items suggested by the original Task Force or if they would have to go through the newly formed Task Force. Council Member Gafin stated that he felt the items were theoretical ideas that would go through the new Task Force and be presented to the Council with complete plans and costs for implementing. Mayor Pro Tem Marquez noted that he is happy to have a permanent Task Force and that he understood that the items would be worked on by staff and the Task Force. City Manager Caton responded that staff will be reviewing each item and presenting them to Council for implementation approval. -4- City Council Minutes 09/14/10 CONSENT ITEMS REMOVED: 4. CASH CONTRACT NO. S.S. 576 – PARAMOUNT BOULEVARD PAVEMENT REHABILITATION PROJECT FROM BROOKMILL ROAD TO ALAMEDA STREET: AWARDED CONTRACT IN THE AMOUNT OF $625,000 TO HARDY & HARPER, INC.: Public Works. Council Member Guerra noted that the project is scheduled to last 30 business days and questioned what the penalties are if the schedule is not met and what the determination is for lowest qualified bidder. Public Works Director Oskui responded the contractor must meet criteria established of being qualified, having the capacity and being responsive. This is determined by their documentation: license, list of jobs comparable in size and nature, bonding capacity, insurance requirements and their current work load. Council Member Gafin asked what the penalty for not meeting contract deadlines and was told $500 per day. He noted this is a low amount for this big of a contract. Council Member Guerra noted his agreement that the penalty should be larger. City Manager Caton explained that if the penalty was larger, contractors might not bid on the projects. It was moved by Council Member Guerra, seconded by Council Member Brossmer and approve the contract. unanimously carried to 7. ADOPTED RESOLUTION NO. 10-7219, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY WHICH ACCEPTS A FEE AND WAIVES THREE AUTOMOBILE PARKING SPACES REQUIRED FOR EDGEMONT CONSTRUCTION COMPANY TO SUB-LEASE A PORTION OF E & E ORTHOCRAFT, INC. AT 11108 DOWNEY AVENUE, IN THE DOWNTOWN PARKING ASSESSMENT DISTRICT: Community Development. Council Member Guerra asked if this would create more parking issues and was told that the parking space waiver is allowed for office type uses that don’t generate a lot of traffic and will increase the office use wanted in the downtown area. He noted that he does not feel this is the type of use wanted for the area and would be opposing. It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Marquez and adopt the Resolution. carried, noting the dissension of Council Member Guerra, to STAFF COMMENTS: City Manager Caton noted that the previously mentioned grant awarded for Treasure Island Park rehabilitation was a result of the efforts of Deputy City Manager Alvarez and Management Analyst/Special Projects Coordinator Shannon DeLong. -5- City Council Minutes 09/14/10 ADJOURNMENT: in memory of The meeting adjourned at 9:02 p.m. to 6:30 p.m., September 28, 2010, the family members of longtime Downey resident Lennie Whittington: Dr. Leslie Whittington, her husband Charles, and their daughters Dana and Zoe, who perished at the Pentagon on 9-11-01. ___________________________________ ____________________________ KATHLEEN L. MIDSTOKKE, City Clerk ANNE M. BAYER, Mayor -6- City Council Minutes 09/14/10