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HomeMy WebLinkAbout01a. Minutes - 09-28-10 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING SEPTEMBER 28, 2010 The City Council of the City of Downey held a Regular Meeting at 7:33 p.m., September 28, 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 absent (excused) David R. Gafin Mario A. Guerra ALSO PRESENT: Gilbert Livas, Acting City Manager Charles S. Vose, Interim City Attorney 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 Emergency Fair at Stonewood Mall with Council Member Guerra; announced that the Police and Fire Foundation Golf Tournament is next Monday; and the Gangs Out of Downey meeting will be next Tuesday morning at 7:30 a.m. at City Hall. Council Member Guerra reported that he attended the Keep Downey Beautiful Clean-Up on Saturday morning along with Council Member Gafin; the Emergency Preparedness Water Barrel giveaway at the Discovery Sports Complex; 2 Neighborhood Watch meetings last week; announced the City is a finalist for Most Business Friendly City; there will be a State candidates forum Friday at th the Columbia Memorial Space Science center; his Town Hall meeting on October 20; and requested the Mayoral Transition date be agendized for the next meeting for discussion of separating the vote and the ceremony into 2 separate meetings. Mayor Pro Tem Marquez reported he attended the League of California Cities conference in San Diego last week which was very informative with topics including the City of Bell and redevelopment. Mayor Bayer recognized her Commissioner Lee Ann Sears in the audience; and announced the Soroptimist Annual Chili Cook-off on Sunday from 1:00 p.m – 5:00 p.m. -1- City Council Minutes 09/28/10 PRESENTATIONS: Mayor Bayer and Keep Downey Beautiful Coordinator Carol Rowland presented Certificates of Appreciation to students from Gauldin Elementary School who participated in the Gauldin Community Pride Project from June – August, 2010. Mayor Bayer presented a Certificates of Recognition to former Traffic Committee member Alexander Lopez for his service. Mayor Bayer presented a Proclamation declaring October as Fire Prevention Month to Fire Chief Turner. Mayor Bayer and Council Member Guerra presented a Certificate of Appointment to Alexander Lopez for Recreation and Community Services Commission, District Two. PUBLIC HEARINGS: 1. AMENDING THE TRUCK ROUTE ON FIRESTONE BOULEVARD: Public Works. A. INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING DOWNEY MUNICIPAL CODE SECTION 3179(c)4 TRUCK ROUTES ON FIRESTONE BOULEVARD. opened The Public Hearing was at: 7:54 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. Public Works Director Oskoui presented a staff report explaining that the Firestone Bridge near the east City border was built in 1934 and expanded in 1949 to a 6 lane bridge. In 1994 the State relinquished ownership to the cities of Downey and Norwalk whereupon the inspection and maintenance activities became the responsibility of the cities. He continued explaining that both cities contract with the County of Los Angeles, Department of Public Works for these services and during recent repairs it was discovered that there were some major repairs needed. Therefore the lowering of the load rating from 40 tons to 20 tons was necessary for public safety until the repairs can be completed, which is estimated to take several years. In order to restrict the higher weight load the Downey Municipal Code, Section 3179 must be amended. There being no speakers from the Public, it was moved by Council Member Gafin, seconded close the Public Hearing by Mayor Pro Tem Marquez and so ordered tothe time being 7:57 p.m. There being no further discussion, it was moved by Council Member Guerra, seconded by introduce the Ordinance. Council Member Gafin and unanimously carried to 2. DOWNTOWN DOWNEY SPECIFIC PLAN: A. ADOPTED RESOLUTION NO. 10-7222, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CERTIFYING THE FINAL ENVIRONMENTAL IMPACT FOR THE DOWNTOWN DOWNEY SPECIFIC PLAN (PLN-10-08074); B. ADOPTED RESOLUTION NO. 10-7223, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE WATER SUPPLY ASSESSMENT FOR THE DOWNTOWN DOWNEY SPECIFIC PLAN ; -2- City Council Minutes 09/28/10 C. ADOPTED RESOLUTION NO. 10-7224, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN – VISION 2025 ; D. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE DOWNTOWN DOWNEY SPECIFIC PLAN ; and E. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING SECTION 9326 OF ARTICLE IX OF THE DOWNEY MUNICIPAL CODE, THEREBY REVOKING THE DOWNTOWN DOWNEY PLAN FOR DOWNEY’S HISTORICAL DOWNTOWN DISTRICT. opened The Public Hearing was at: 7:58 p.m. The City Clerk affirmed receipt of Proof of Publication. It was moved by Council Member Gafin, seconded by Council Member Guerra and so receive and file ordered by the Mayor, to the proof of publication. Community Development Director Saeki presented a Power Point presentation explaining that in 2000 the City Council adopted a Downtown Overlay Zone to regulate uses, signs and parking in the Downtown area. The plan has had limited success and the Council directed staff to prepare a new Specific Plan. Several Public Outreach meetings were held and on July 15, 2010 a Notice of Availability was issued for the draft Environmental Impact Report (EIR). On September 15, 2010 the Planning Commission unanimously adopted several Resolutions recommending that the City Council certify the final EIR, amend the Land Use Element of the General Plan, adopt a new Downtown Specific Plan and repeal Section 9326 of the Downey Municipal Code. He continued stating that the vision for the Downtown area is to create a pedestrian-oriented mixed-use environment in which residents live and work in the same area while creating a destination for the community and region where visitors can park once and patronize multiple businesses. He concluded that the Downtown area will be expanded and subdivided into 5 districts. Senior Planner Blumenthal explained that the area will be expanded from 80 acres to 131 acres. The 5 districts are Firestone Boulevard Gateway, Paramount Boulevard Professional, Downtown Core, Downtown Residential and Civic Center. He noted that 2 issues were raised at the Planning Commission hearing, the first being the inclusion of the Rives Mansion. He explained that during the initial public outreach most felt it was already a part of Downtown and since the house sits vacant it would help insure the restoration of the building and property. Council Member Guerra asked if this would allow parking for events to be on the back of the property, therefore, not impacting the neighborhood and was told yes. The second issue was allowing for housing on the old Gallatin Medical Center property due to increased parking issues in the area, to which he explained that the Mixed-Use designation requires onsite parking for residential units. He continued explaining that the Downtown Residential district will establish a residential area with a Floor Area Ratio (FAR) of 1.5, 8-40 units per acre; the Downtown Core district will create a pedestrian-oriented downtown with mixed-uses and residential densities of 20-40 units per acre with structures being limited to 3 stories and ground floor units being non-residential; the Firestone Boulevard Gateway district will be high density/intensity development with mixed use (office, retail, housing, flexible space, entertainment uses), a FAR of 3.0, structures up to 6 stories and residential densities between 40-75 units per acre. This plan will allow for buildings to be closer to the streets, building articulation, step-backs, signage, large scale first floor, large open windows and parking. He concluded that the EIR found that several impacts would occur such as: land use, population and housing, traffic and circulation, air quality, greenhouse gases and global warming, noise, aesthetics, cultural resources, hazards and hazardous materials, geology, soils and seismicity, hydrology and water quality, biological resources, utilities and service systems and public services and recreation. Staff determined that these are able to be mitigated except for air quality, greenhouse gases, noise, and traffic which have been determined unavoidable and a Statement of Overriding Consideration was written for these. Council Member Guerra noted that this does not take into consideration the 46,000 fewer trips into the area that will occur with the mixed-use development. -3- City Council Minutes 09/28/10 Senior Planner Blumenthal concluded that the Land Use Element of the General Plan needs to be updated and that the Downey Municipal Code Section 9326 needs to be rescinded. Council Member Gafin asked what the benefits and detriments would be for including the Rives Mansion in the Downtown area and was told it would provide the ability to use it as a banquet facility therefore helping to revitalize and maintain. Currently it is not used as a residence and is falling in disrepair; however, a Conditional Use Permit would be required before banquets would be allowed and that there are no detriments to its inclusion. Council Member Guerra asked how the historical concerns raised were mitigated and it was explained that the Rives Mansion is the only building in the City that has a National Historical Landmark recognition and if other structures were to receive that designation or the Council were to determine them historical, they would get the same protections. Deedee Young, resident of Downey, noted her disagreement with incorporating the Gallatin Medical Center in the Downtown Plan and allowing for mixed-use as the parking in the area would increase significantly with residential or restaurant use. Council Member Guerra asked if the facility could still be a medical center under new plan and was told yes. Joseph Gambrell (sp?), noted that the City has a history of parking issues, there are more large vehicles than compact vehicles and allowing for 1 parking space per unit is inadequate. It was moved by Council Member Gafin, seconded by Mayor Pro Tem Marquez and so close the Public Hearing, ordered tothe time being 8:31 p.m. Council Member Guerra noted his excitement for the new plan noting it allows for a vision to start making changes. He stated that more open spaces will be created with pocket parks and that every successful downtown has a residential component. Council Member Gafin stated that he has heard for years to make the downtown more vibrant and this is the process to start making the changes. He noted that the Gallatin Medical Center property is currently owned by a medical facility and yet has remained vacant for 10-15 years. This plan is going in the right direction. Mayor Pro Tem Marquez concurred with his colleagues noting that this vision is a great opportunity to move forward. It was moved by Council Member Guerra, seconded by Council Member Gafin and adopt the Resolutions and introduce the Ordinances. unanimously carried to NON-AGENDA PUBLIC COMMENT: Shannon (unknown last name), asked for an update on the status of medical marijuana collectives and City Attorney Vose responded that at the last meeting an Ordinance was introduced to ban the facilities and will come back at some point for adoption. -4- City Council Minutes 09/28/10 CONSENT ITEMS REMOVED: 5. CASH CONTRACT NO. S.S. 592 – STREET IMPROVEMENTS AT DOWNEY AVENUE, TH BROOKSHIRE AVENUE, RIVES AVENUE AND 5 STREET – ACCEPT THE IMPROVEMENTS AND MAINTENANCE RESPONSIBILITY: Public Works. This item was removed at the request of Council Member Guerra and is listed under Other Business below. 7. CASH CONTRACT NO. 632-3A – LAKEWOOD BOULEVARD IMPROVEMENT PROJECT – PHASE 3A – AWARD CONTRACT TO SULLY-MILLER CONTRACTING COMPANY IN THE AMOUNT OF $3,233,203.32: Public Works. This item was removed at the request of Council Member Guerra and is listed under Other Business below. 12. ADOPT ORDINANCE NO. 10-____, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE II ADMINISTRATION BY ADDING A NEW PART 8 ENTITLED “GREEN TASK FORCE” TO THE DOWNEY MUNICIPAL CODE: City Clerk. This item was removed at the request of Mayor Bayer and is listed under Other Business below. CONSENT CALENDAR: It was moved by Council Member Gafin, seconded by Mayor Pro Tem Marquez, and approve the remainder of the Consent Calendar unanimously carried to items as recommended: 3. APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings September 14, : 2010 City Clerk. 4. APPROVED WARRANTS ISSUED: Warrant Nos. 253130 – 253411; Wire Nos. 30002226 – : 30002235 and 639 – 644; in the total amount of $4,250,945.86 Finance. 6. CASH CONTRACT NO. S.S. 609 – SCHOOL ZONE SIGNAGE AND PAVEMENT MARKING UPGRADES PROJECT: Public Works. A. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED BIDS; B. ADOPTED RESOLUTION NO. 10-2225, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. 029-N TO STATE MASTER AGREEMENT NO. 07-5334R. 8. APPROVED AGREEMENT WITH THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, ON BEHALF OF THE CENTER FOR PRE-HOSPITAL CARE (UCLA) TO PROVIDE IN-STATION CONTINUING EDUCATION AND QUALITY ASSURANCE PROGRAM IN THE ANNUAL AMOUNT OF $50,400: Fire. 9. ACCEPTED STATE FUNDS IN THE AMOUNT OF $288,000 FOR THE PURCHASE, INSTALLATION AND MAINTENANCE OF 9-1-1- COMMUNICATIONS AND APPROPRIATED $35,000 FOR EQUIPMENT AND SERVICES: Fire. 10. SUSTAINABLE COMMUNITIES STRATEGY (SB 375) – APPROPRIATED $13,700 MEASURE R LOCAL RETURN FUNDS: Community Development. 11. APPROVED A GROUND LEASE WITH CHAMPION DODGE, INC. FOR CITY OWNED PROPERTY AT 9715 FIRESTONE BOULEVARD: Community Development. Noting the abstention of Council Member Guerra for the possibility of a Conflict of Interest. -5- City Council Minutes 09/28/10 ADMINISTRATIVE REPORTS: 13. DISCUSSION AND DIRECTION RE: UPDATE TO CITY COUNCIL GOALS: Administration. Assistant Deputy City Manager Pomrehn presented a Power Point presentation explaining that the original list of goals was narrowed to 17 and after further discussion 7 were identified to be brought back to Council. The 7 are: park inventory, staff presented a Park Master Plan to Council in May; streets, the new Public Works director is evaluating and updating the maintenance schedule; Economic Development, staff has been working on and the new Downtown Specific Plan is part of this process; Public Safety, the cost and feasibility of installing cameras has been investigated and found to be costly; Community Development, staff has implemented measures for vacant properties, reducing blight and expediting completion of lapsed building permits; grants, staff is actively seeking over $25 million in grants and recently received a grant for Treasure Island park improvements, Florence Avenue landscape replacement and the Regional Catch Basin Improvement Project; and Public Information, the new website has been launched with utility bill management, email alerts, directory of events and civic group information. He concluded that staff will continue working on the completion of the goals and bring updates back to the Council periodically. Council Member Guerra asked who monitors the goals and it was explained that they are assigned to staff and monitored by Assistant City Manager Livas. It was moved by Council Member Guerra, seconded by Council Member Gafin and receive and file the report. unanimously carried to OTHER BUSINESS: CONSENT ITEMS REMOVED: 5. CASH CONTRACT NO. S.S. 592 – STREET IMPROVEMENTS AT DOWNEY AVENUE, TH BROOKSHIRE AVENUE, RIVES AVENUE AND 5 STREET – ACCEPTED THE IMPROVEMENTS AND MAINTENANCE RESPONSIBILITY: Public Works. Council Member Guerra noted that this was the same contractor used on the Rives Avenue project and he feels that they did a terrible job. He asked how far over the contract end date were they, if they are typically coming in over budget since they are bidding low, if they received any penalties and if there are any penalties in the new contract. Public Works Director Oskoui responded that he is aware of the issues with the Rives Avenue project and attributed it to the correct language not being in the contract to allow for proper monitoring. Going forward more specific language in the contracts including liquidated damages to recover any losses the City may incur due to the contractors negligence. Acting City Manager Livas explained that previously the City has had issues monitoring contracts and contract language and that is why Mr. Oskoui is here. City Attorney Vose noted that to declare a contractor an irresponsible bidder the City would have to go to court and present evidence such as a breach of contract and get a judges ruling. He concluded that the coordination between staff and contractor is critical and the more restrictive you make a contract the more devious a contractor becomes. Mayor Pro Tem Marquez noted this issue was raised a few years ago, the City is following State law in the bid award process and needs to work with the contractors and monitor their progress. -6- City Council Minutes 09/28/10 Council Member Gafin requested that all future contracts have specific completion dates and substantial fines for not meeting deadlines in the contract. It was moved by Council Member Gafin, seconded by Mayor Pro Tem Marquez and accept the improvements and carried, noting the dissent of Council Member Guerra, to maintenance responsibility. 7. CASH CONTRACT NO. 632-3A – LAKEWOOD BOULEVARD IMPROVEMENT PROJECT – PHASE 3A – AWARDED CONTRACT TO SULLY-MILLER CONTRACTING COMPANY IN THE AMOUNT OF $3,233,203.32: Public Works. It was moved by Council Member Gafin, seconded by Mayor Pro Tem Marquez and carried, award the contract. noting the dissent of Council Member Guerra to 12. ADOPTED ORDINANCE NO. 10-1265, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE II ADMINISTRATION BY ADDING A NEW PART 8 ENTITLED “GREEN TASK FORCE” TO THE DOWNEY MUNICIPAL CODE: City Clerk. Bill Minasian, resident of Downey, stated he is a member of new Public Works Committee and they just received a draft of the bylaws. He feels the Task Force will be complimentary to the Public Works Committee and they should be allowed to work on items together. He asked who the staff liaisons would be for the committees and if a citizen could serve on both. Acting City Manager Livas responded that the committees would have separate staff liaisons, Public Works Director Oskoui would be on the Public Works Committee and Deputy City Manager Alvarez would be on the Green Task Force. Council Member Guerra noted that the two committees would be working on different areas and not over lap and responded that yes, a person could be appointed to both committees if their Council Member chose to do so. It was moved by Council Member Gafin, seconded by Council Member Guerra and adopt the Ordinance. unanimously carried to STAFF COMMENTS: Acting City Manager Livas commend the Council’s and staff’s work on the Downtown Specific Plan noting the extensiveness of the document and the efforts to bring more entertainment to the City and improve the Business District. recessedreconvened The meeting to Closed Session at 9:33 p.m. and in Open Session at 10:00 p.m. with all Council Members present. -7- City Council Minutes 09/28/10 ADJOURNMENT: Thomas The meeting adjourned at 10:00 p.m. to 6:30 p.m., October 12, 2010 in memory of PerfittFrank Messineo, , father of Assistant Community Development Director John Perfitt; Jack Smith, husband of retired City Librarian Nancy Messineo; and husband of Library Advisory Board Member Pat Smith. ___________________________________ ____________________________ KATHLEEN L. MIDSTOKKE, City Clerk ANNE M. BAYER, Mayor -8- City Council Minutes 09/28/10