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HomeMy WebLinkAbout02a. Minutes - 10-26-10 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING OCTOBER 26, 2010 The City Council of the City of Downey held a Regular Meeting at 7:35 p.m., October 26, 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 absent 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 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 reminded everyone that the annual Pumpkin Patch will be at Apollo Park this Sunday at Apollo Park; he reported that he attended a Neighborhood Watch meeting last week with Council Member Guerra; questioned if the Police Department will be conducting Operation Boo again this year; and requested that departments do public outreach through the local newspapers by submitting articles monthly of upcoming events throughout the City. Council Member Brossmer reported he attended Council Member Guerra’s Town Hall meeting last week, the subcommittee meetings for the theatre and the learning center, the Mayor’s Prayer Breakfast, and the Employee Recognition luncheon; he met with the branding consultant; announced there will be a Launch Party at the Learning Center next Monday and a Veteran’s Day celebration in front of the Downey Theatre; and wished everyone a safe and sane Halloween. Council Member Guerra reminded everyone about the election on Tuesday and encouraged everyone to vote; reported he attended two candidate forums; talked to the branding consultant; attended the press conference for Character Counts; and the YMCA Rotary Pancake Breakfast on -1- City Council Minutes 10/26/10 Saturday; and announced he would be speaking at Rio San Gabriel Elementary School on Friday regarding Character Counts. Mayor Bayer recognized her commissioner Lee Ann Sears in the audience; announced the th Holiday Marketplace at the Downey City Library will be Saturday November 6; and the Multi- th Chamber mixer will be this Thursday, October 28 at Embassy Suites. PRESENTATIONS: Mayor Bayer presented a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association to Finance Director John Michicoff. PUBLIC HEARINGS: 1. GENERAL PLAN AMENDMENT AND ZONE CHANGE (PLN-10-08048), A REQUEST TO CHANGE THE GENERAL PLAN DESIGNATION FOR PROPERTY LOCATED AT 10441- 10445 LAKEWOOD BOULEVARD FROM GENERAL COMMERCIAL (GC) TO NEIGHBORHOOD COMMERCIAL (NC) AND THE ZONING DESIGNATION FROM R-1 5,000 (SINGLE FAMILY RESIDENTIAL) TO C-1 (NEIGHBORHOOD COMMERCIAL): Community Development. A. ADOPTED RESOLUTION NO. 10-7229, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO THE CITY’S GENERAL PLAN AND LAND USE DIAGRAM, CHANGING THE GENERAL PLAN DESIGNATION OF THE PROPERTY AT 10441-10445 LAKEWOOD BOULEVARD FROM GENERAL COMMERCIAL TO NEIGHBORHOOD COMMERCIAL. B. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO THE CITY’S COMPREHENSIVE ZONING MAP, CHANGING THE ZONING OF THE PROPERTY AT 10441-10445 LAKEWOOD BOULEVARD FROM R-1 5,000 TO C-1. The Public Hearing was opened at 7:47 p.m. The City Clerk affirmed receipt of Proof of Publication. It was moved by Council Member Brossmer, seconded by Council Member Gafin and so ordered by the Mayor, to receive and file the proof of publication. Community Development Director Saeki presented a Power Point presentation explaining that the General Plan needs to be changed from General Commercial to Neighborhood Commercial and the zoning designation needs to be changed from R-1 5,000 to C-1 due the proximity to the residential area and a Conditional Use Permit (CUP) granted for the allowance of a daycare and K-5 private elementary school. He continued that the building will require exterior renovation and landscaping. He concluded that the applicant currently owns two facilities in the downtown area and they would be combined into the new facility; therefore freeing up two spaces in the downtown area for redevelopment. Council Member Brossmer asked if the entire building will be remodeled, what the ingress and egress plan is for student drop-offs and pick-ups is, if there would be an outdoor play area, and if this is the best use for the property considering sales tax revenue. He was told that yes the building would be remodeled; the drop-off and pick-up plan is to allow entrance from Cherokee Avenue and exiting onto Lakewood Boulevard with queing along Cherokee Avenue; the outdoor play area is proposed for the northwest end of the building; and that due to the close proximity to the residential neighborhood, there has never been a high usage for sales tax revenue. -2- City Council Minutes 10/26/10 Council Member Guerra noted that with a proposed 180 kids removing a corner of the parking lot will not provide enough parking spaces which will create overflow into the surrounding neighborhood. Staff noted that the parking will primarily be for staff as the majority of parents will drop off and pick up and not go into the facility. Mayor Bayer asked how many staff will be there, the age of the students, if all will be dropped off in the back of the building and noted that she is concerned with the amount of traffic hazzards that exist in the area. Suzette Phillipy, co-owner, responded that the amount of staff will vary depending on the number of students enrolled and the minimum would be 26 with the th maximum being 33; the age of students will range from 18 months – 5 grade; yes all students would be dropped off in back with the assistance of staff so that parents would not have to park and that there would also be an indoor playground. There being no speakers from the audience, it was moved by Council Member Gafin, close the Public Hearing seconded by Council Member Brossmer and so ordered by the Mayor to the time being 8:01 p.m. There being no further discussion, it was moved by Council Member Gafin, seconded by adopt the Council Member Brossmer and carried, noting the dissent of Council Member Guerra, to Resolution and introduce the Ordinance. 2. ORDINANCE EXTENDING A MORATORIUM ON MEDICAL MARIJUANA DISPENSARIES: Community Development. A. ADOPTED ORDINANCE NO. 10-1269, AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY EXTENDING INTERIM URGENCY ORDINANCE NO. 09-1255 FOR AN ADDITIONAL 12 MONTHS AND CONTINUE THE TEMPORARY PROHIBITION AGAINST ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES. The Public Hearing was opened at: 8:02 p.m. The City Clerk affirmed receipt of Proof of Publication. It was moved by Council Member Gafin, seconded by Council Member Guerra to receive and file the proof of publication. recessedreconvened The Public Hearing at 8:03 p.m. and with all Council Members present, noting the absence of Mayor Pro Tem Marquez, at 8:06 p.m. Community Development Director Saeki presented a staff report explaining that the adoption of this Ordinance will extend the current moratorium on Medical Marijuana dispensaries for a period of 12 months which will allow for staff to fully review information that has been received. Council Member Guerra asked if the item could be voted on before the 12 months and was told yes, the Ordinance that was introduced could be brought back for adoption. David Shrek, resident of Downey, noted that he is concerned for the patients that need medical marijuana, that legal collectives do exist and that he has offered to help provide staff with knowledge of the issue. Harold Tseklenis, resident of Downey, questioned how the outcome of Proposition 19 will affect the proposed moratorium and was told that there are too many questions concerned with that item to be answered at this time. Roy Beard, resident of Downey, noted his support of a permanent ban on these types of facilities in Downey. -3- City Council Minutes 10/26/10 It was moved by Council Member Brossmer, seconded by Council Member Gafin and so close ordered by the Mayor to the Public Hearing the time being 8:18 p.m. Council Member Guerra explained that he believes in the need for medical marijuana but does not support allowing dispensaries and going against Federal law. It was moved by Council Member Guerra, seconded by Council Member Gafin and adopt the Ordinance. unanimously carried to NON-AGENDA PUBLIC COMMENT: The following persons spoke on behalf of the “40 Days of Life” national campaign: Patty Sharp Elsa Van Lueven John Lacey, resident of Downey, suggested putting metered parking in the Downtown area. Mark Mal (sp?), resident of Downey, requested an update on the Theatre Management company selection; and noted that there has been very little advertisement on the upcoming Dine in th Downey event on November 18. Mat Gleason, representative for the Southern California Association of Governments, submitted two documents regarding the Pacific Electric Corridor project and noted that there are 3 thrd upcoming meetings: Paramount, November 16, Cerritos, November 23, and Huntington Park, st December 1. Greta Campbell, resident of Downey, encouraged funding to support the PTA Helps and Churches that offer food donations to the needy and stated that if it weren’t for the assistance of others she would go hungry. She complimented the naming of Responsibility Row, but noted that it is a great challenge that the City has not yet met in regards to homeless persons. CONSENT ITEMS REMOVED: 5. APPROVE AGREEMENT WITH MAJOR LEAGUE SOFTBALL, INC. FOR ADULT SOFTBALL PROGRAM: Community Services. This item was removed at the request of Council Member Guerra and is listed under Other Business below. 6. APPROVE AGREEMENTS WITH GK & ASSOCIATES, WINZLER & KELLY, AND CIVILSOURCE, INC. FOR ON-CALL CONSTRUCTION INSPECTION SERVICES: Public Works. This item was removed at the request of Council Member Guerra and is listed under Other Business below. 7. APPROVE AGREEMENTS WITH BUDLONG & ASSOCIATES, INC., GLUMAC, AND IDS GROUP FOR ON-CALL ELECTRICAL AND MECHANICAL ENGINEERING SERVICES: Public Works. This item was removed at the request of Council Member Guerra and is listed under Other Business below. -4- City Council Minutes 10/26/10 9. APPROVE MEMORANDUM OF AGREEMENT WITH GATEWAY CITIES COUNCIL OF GOVERNMENTS AS FIDUCIARY AGENT TO SECURE SERVICES TO CONDUCT SCIENTIFIC STUDIES AND PREPARE AN ANALYSIS OF SITE SPECIFIC OBJECTIVES TO DIRECT IMPLEMENTATION OF THE LOS ANGELES RIVER AND TRIBUTARIES METALS TOTAL MAXIMUM DAILY LOAD (TMDL) AND APPROPRIATE $27,080 FROM THE GENERAL FUND: Administration. 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: 3. APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings October 12, : 2010 City Clerk. 4. APPROVED WARRANTS ISSUED: Warrant Nos. 253732 – 254066; Wire Nos. 30002246 – : 30002255 and 649 – 653; in the total amount of $4,172,112.81 Finance. 8. APPROVED AGREEMENT WITH LEYMASTER ENVIRONMENTAL CONSULTING, LLC. FOR ON-CALL ENVIRONMENTAL CONSULTING: Public Works. 10. SALES AND USE TAX AUDIT SERVICES: Finance A. APPROVED AGREEMENT WITH HINDERLITER, DE LLAMAS AND ASSOCIATES; and B. ADOPTED RESOLUTION NO. 10 - 7230, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING EXAMINATION OF SALES, USE AND TRANSACTIONS TAX RECORDS. 11. EXTENSION OF APPOINTMENT AND CONTRACT FOR INTERIM CITY ATTORNEY AND GENERAL COUNSEL FOR THE COMMUNITY DEVELOPMENT COMMISSION: Administration. A. APPROVED AMENDMENT TO AGREEMENT; B. ADOPTED RESOLUTION NO. 10- 7231, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY EXTENDING THE APPOINTMENT OF CHARLES S. VOSE AS INTERIM CITY ATTORNEY AND INTERIM GENERAL COUNSEL FOR THE COMMUNITY DEVELOPMENT COMMISSION AND APPROVING AN AMENDMENT TO THE AGREEMENT. ADMINISTRATIVE REPORTS: 12. DISCUSSION AND DIRECTION RE: SCHEDULING OF MEETING DATE FOR MAYOR SELECTION: City Attorney. Interim City Attorney Vose presented a staff report explaining that the Council has the option st of continuing the current policy of the 1 meeting in December recognizing the outgoing Mayor and Council Members, seating the new Council Members and selecting the next Mayor as per the approved Rotation Policy; or to adopt a new policy providing for 2 separate meetings in December, the first to recognize the outgoing Mayor and Council Members and to seat the incoming Council Members; with the second meeting to select the next Mayor. He concluded that the County’s canvassing and certification of the election will determine the time frame of when the meetings can be held. -5- City Council Minutes 10/26/10 Council Member Guerra noted that he likes the second option as there are 2 meetings already and this would separate the two items. Council Member Gafin stated he prefers having the separate meetings with the first being the ceremonial and the second the selection of a new Mayor. Council Member Brossmer explained that he is only concerned with the ceremonial aspect being removed from the selection of the Mayor and not the Rotation Policy being followed. Greg Kravic mentioned that he attended the last Mayoral Transition and the interaction that went on showed a divided house, making it hard for the citizens to be supportive of the Council and they should keep those interactions private. Council Member Guerra stated that transparency is required of the Council and he feels he acted in the best interest of the City by stating his opinions and disagreements and they are ok as long as they are done respectfully. City Manager Caton suggested that the Council vote on the next Mayor after the Ceremonial party and the seating would take place at the second meeting in December. Council Member Guerra suggested holding the meeting for the selection of Mayor in November on non-election years. Council Member Gafin noted that he did not like the suggestions of holding the selection of Mayor after the ceremonial party as it did not separate the two events. Council Member Brossmer stated that he did not want the vote for Mayor on the same night as the ceremony. City Manage Caton suggested the creation of a third meeting for December, explaining that the first meeting would be the ceremonial, the second would be held the next day for the purpose of selecting the next Mayor and the third would be the regular meeting to conduct City business. It was moved by Council Member Guerra, seconded by Council Member Brossmer and hold separate meetings for selection of Mayor carried, noting the abstention of Mayor Bayer, to and ceremonial purposes, in odd numbered years the selection of Mayor will be held at the second meeting in November with the ceremonial meeting being the first meeting in December; and in even numbered years the ceremonial meeting will be the first meeting in December with the selection of Mayor being the second meeting in December and the third meeting to conduct regular City business. OTHER BUSINESS: CONSENT ITEMS REMOVED: 5. APPROVE AGREEMENT WITH MAJOR LEAGUE SOFTBALL, INC. FOR ADULT SOFTBALL PROGRAM: Community Services. Council Member Guerra asked how many teams are involved, how often they play on the fields, which parks are utilized and how many of the participants are Downey residents. Community Services Director Phillips responded that the fields are utilized Sunday through Friday at Rio San Gabriel Park, Apollo Park and Columbus High School; and that the new contract requires residency statistics to be provided. Council Member Guerra then asked if the majority of the players are not Downey residents could the program be cancelled; why the City is holding the company harmless on -6- City Council Minutes 10/26/10 equipment checks; why the contract is farmed out instead of by City staff and if residency figures can be provided before the contract is voted on. Mr. Phillips responded that there is a termination clause in the contract and that it is more cost effective to have them provide the services. Mayor Bayer announced the item was pulled by staff and will come back to Council with additional information. 6. APPROVED AGREEMENTS WITH GK & ASSOCIATES, WINZLER & KELLY, AND CIVILSOURCE, INC. FOR ON-CALL CONSTRUCTION INSPECTION SERVICES: Public Works. Council Member Guerra asked if it is more cost effective to contract out the services in item Nos. 6 and 7 and was told yes. It was moved by Council Member Guerra, seconded by Council Member Brossmer and approve the agreements. unanimously carried to 7. APPROVED AGREEMENTS WITH BUDLONG & ASSOCIATES, INC., GLUMAC, AND IDS GROUP FOR ON-CALL ELECTRICAL AND MECHANICAL ENGINEERING SERVICES: Public Works. It was moved by Council Member Guerra, seconded by Council Member Brossmer and approve the agreements. unanimously carried to 9. APPROVED MEMORANDUM OF AGREEMENT WITH GATEWAY CITIES COUNCIL OF GOVERNMENTS AS FIDUCIARY AGENT TO SECURE SERVICES TO CONDUCT SCIENTIFIC STUDIES AND PREPARE AN ANALYSIS OF SITE SPECIFIC OBJECTIVES TO DIRECT IMPLEMENTATION OF THE LOS ANGELES RIVER AND TRIBUTARIES Council Member Guerra asked if the $27,000 needs to come from the General Fund and was told yes, as the water funds are restricted for water supply issues only. It was moved by Council Member Guerra, seconded by Council Member Brossmer and approve the agreement. unanimously carried to STAFF COMMENTS: None. ADJOURNMENT: The meeting adjourned at 9:14 p.m. to 6:30 p.m., November 9, 2010. ___________________________________ ____________________________ KATHLEEN L. MIDSTOKKE, City Clerk ANNE M. BAYER, Mayor -7- City Council Minutes 10/26/10