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HomeMy WebLinkAbout01a. Minutes - 11-09-10 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING NOVBEMBER 9, 2010 The City Council of the City of Downey held a Regular Meeting at 7:35 p.m., November 9, 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 Brossmer reported that he attended the Contract Cities conference in Santa Barbara where “Lessons from the City of Bell” and ”Transparency” were discussed; a Theatre subcommittee meeting, the employee recognition luncheon and dinner, and the grand opening at Porto’s; he requested staff to update the website by putting salary lists in a more prominent spot and to list the total compensation; he thanked staff for coordinating the Veteran’s Day event and read a letter from the mother of a veteran; he congratulated Council Candidates Lee Ann Sears and Alex Saab for their efforts during the campaign; and congratulated Council Member Elect Fernando Vasquez on winning and stated he is looking forward to working with him. Council Member Gafin reported that he attended the Annual Pumpkin Patch at Apollo park, thanked the Community Services staff for coordinating the event and the Soroptimist and Optimist for their donations and volunteers; the grand opening of the Dog Park at Rio San Gabriel Park last Saturday, and the Porto’s grand opening; he requested staff put together a Pet Appreciation Day next spring in cooperation with SEACCA, pet adoptions, pet stores and veterinarians. -1- City Council Minutes 11/09/10 Council Member Guerra reported he assisted Southern California Edison last Friday going to rd businesses to promote energy audits and cost savings, the 73 Neighborhood Watch meeting last week, the Employee Recognition luncheon and dinner, and Porto’s grand opening; he announced he th will be attending the Dine in Downey event on November 18; the Veteran’s Day celebration at the Downey Theatre, and the Downey vs. Warren football game on Thursday; he thanked the residents of District 2 for re-electing him and noted he is looking forward to working with all his colleagues for the next 4 years; he requested staff to bring back a report on the forming of a Youth Council, that staff reassess the handicapped accessible curbs as they are increasing the ease of out of control vehicles to hit homes, and that the Veteran’s Memorial subcommittee meet. Mayor Pro Tem Marquez reported that he attended the grand opening of the Dog Park and congratulated Council Member Gafin on this accomplishment, the Annual Pumpkin Patch which was a great event for the kids and community, the Employee Recognition luncheon and dinner, and the Porto’s grand opening; he announced he will be attending the Veteran’s Day celebration, and the Most Business Friendliest City dinner along with Council Member Guerra; he requested a report on the policy and enforcement of yard sales and regulations. th Mayor Bayer announced the Downey Chamber of Commerce mixer will be on November 17 at George’s Restaurant & Bar. PRESENTATIONS: th Mayor Bayer presented a Certificate of Recognition for the 100 Birthday of Downey resident Jossie F. Sterling. Mayor Bayer presented a Proclamation declaring Entrepreneurship Week, November 15 – 21, 2010 to Hugo Gonzalez, Small Business and Entrepreneurship Institute, Inc. Mayor Bayer and Deputy City Manager Sauter presented a plaque to Coca Cola Bottling Company of Southern California for their support and donation of over 1450 water barrels for emergency water storage. PUBLIC HEARINGS: 1. A. DENSITY BONUS APPLICATION FOR THE VIEW HOUSING PROJECT LOCATED AT ND 8314 2 STREET (FORMER VERIZON PROPERTY): Community Development. B. DISPOSITION AND DEVELOPMENT AGREEMENT WITH NATIONAL COMMUNITY RENAISSANCE AND ADOPTION OF A 33433 RESOLUTION FOR THE VIEW HOUSING ND PROJECT LOCATED AT 8314 2 STREET (FORMER VERIZON PROPERTY) IN DOWNTOWN DOWNEY: Community Development. opened The Joint Public Hearings were at: 8:16 p.m. The City Clerk/Secretary affirmed receipt of Proof of Publications. It was moved by Council Member/Commissioner Brossmer, seconded by Council Member/Commissioner Guerra and so ordered to receive and file. Assistant Community Development Director Perfitt presented a Power Point presentation explaining that the process started 2 years ago with the acquisition of the properties of the Avenue Theater and the former Verizon Building. The Downtown Subcommittee worked with staff developing the Request for Proposal (RFP) and then Council approved an exclusive negotiating agreement with National Core. He noted that one of the reasons they were chosen is because they own more than 10,000 units and do not sell properties, but manages them with their own staff. They are strong at finishing projects and securing additional funding sources. He continued explaining -2- City Council Minutes 11/09/10 that the project will be a 50-unit project (35-2 bedroom units and 15-3 bedroom units), will obtain nd LEED certification (sustainable building practices), high quality in design and materials, have a 2 floor and rooftop open spaces, have 100 parking spaces (75 for residents, 25 for guests), house 3-6 member families who make between $40,000 and $60,000. It will have an onsite property manager who will conduct tenant screening, re-certification and manage parking. The project will cost $21.9 million with a $4.45 million commitment from the Community Development Commission (land plus loan) which equal $89,000 per unit. Other funding sources will be: private mortgage $2 million, tax credits $11 million, California infill/infrastructure funds $3 million, City of Industry Funds $750,000, and Developer equity $700,000. st He noted that the DDA with the CDC is the 1 step in committing to the project and allows for termination if it is not funded. The earliest start date will be Fall 2011. He stated that the building is a modern design with a color palette that creates ornamentation. He concluded that the approval of the Resolutions and the DDA tonight will set the funding process in motion. Council Member/Commissioner Guerra questioned how the parking numbers are distributed and determined; where the overflow parking will park; how the residents qualify; and what the size and availability of the Community Room will be. He was told that the Downtown Plan requires 75 parking spaces and these will be monitored by the on-site management company as well as having 25 spaces designated for guests; the overflow parking will be in Public spaces; the on-site management company will process applicants who will receive a ranking number based on income, credit and references. There will be a mixture of income levels. The Community Room will be 1,500 square feet and due to funding restrictions will be for the residents only. He stated that they were supposed to be able to hold after school/community programs there and it was explained that due to the funding restrictions, those plans would be incorporated in the Avenue Theater building. Council Member/Commissioner Gafin stated that parking is his biggest concern, as well as density issues and how over crowding of the units will be prevented. It was explained that all units are single family and the on-site management company will monitor the units to ensure that subtenants are not allowed. Chuck Ana, resident of Downey, asked where the families are coming from. Michael Hutchinson, resident of Downey, asked if the parking structure will be gated or have open access; and noted concerns for the deliveries for adjacent businesses. Assistant Community Development Director Perfitt responded that the section of the parking for the tenants will be gated while the guest spaces will be open access; and that the delivery issues had been considered and addressed with adjacent businesses. He noted that approximately 70% of tenant applications will come from the Downey area. It was moved by Council Member/Commissioner Gafin, seconded by Council close the Joint Public Hearings the time Member/Commissioner Brossmer and so ordered to being 8: 55 p.m. Council Member/Commissioner Guerra noted that he has concerns but thinks this is a sound project. CITY COUNCIL ACTIONS: a. ADOPTED RESOLUTION NO. 10-7232, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING DENSITY BONUS APPLICATION NO. 09-72 ND FOR THE VIEW HOUSING PROJECT LOCATED AT 8314 2 STREET, ZONED DOWNTOWN SPECIFIC PLAN; -3- City Council Minutes 11/09/10 b. ADOPTED RESOLUTION NO. 10-7233, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE DOWNEY COMMUNITY DEVELOPMENT COMMISSION AND NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA AND APPROVING THE CONVEYANCE OF CERTAIN REAL PROPERTY (ASSESSOR’S PARCEL NO. 6254-020-914)AND MAKING CERTAIN FINDINGS REQUIRED BY LAW. COMMUNITY DEVELOPMENT COMMISSION (CDC) ACTION: a. ADOPTED RESOLUTION NO. 10-290, A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) BETWEEN THE DOWNEY COMMUNITY DEVELOPMENT COMMISSION AND NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA AND APPROVING THE CONVEYANCE OF CERTAIN REAL PROPERTY (ASSESSOR’S PARCEL NO. 6254-020-914), AND MAKING CERTAIN FINDINGS REQUIRED BY LAW. It was moved by Council Member/Commissioner Brossmer, seconded by Mayor Pro adopt the Resolutions. Tem/Vice-Chairperson Marquez and unanimously carried to recessed The Community Development Commission at: 8:57 p.m. : NON-AGENDA PUBLIC COMMENT: Ari Gutierrez, Director of Government Advertising Daily Journal requested that the Council remove item No. 9 from the Consent Calendar for discussion. Robert Zavala, Business Owner in Downey, mentioned that on Sunday night in Riverside a Police Officer was slain and requested the meeting be adjourned in his memory. CONSENT ITEMS REMOVED: 5. AWARD CONTRACT TO LONG BEACH ROOFING, INC. IN THE AMOUNT OF $59,292 FOR ROOF REPLACEMENT AT FIRE STATION NO. THREE AND ROOF REPAIRS AT THE CITY LIBRARY AND POLICE DEPARTMENT BUILDINGS AND APPROPRIATE $66,500 FROM THE GENERAL FUND: Public Works. This item was removed at the request of Council Member Guerra and is listed under Other Business below. 7. CASH CONTRACT NO. S.S. 622 – APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE SOLICITATION FOR BIDS FOR CITYWIDE RESIDENTIAL STREET RESURFACING PROJECT: Public Works. This item was removed at the request of Council Member Guerra and is listed under Other Business below. 9. AWARD CONTRACT TO THE DOWNEY PATRIOT FOR THE PUBLICATION OF LEGAL NOTICES FOR A PERIOD BEGINNING NOVEMBER 9, 2010 TO NOVEMBER 8, 2011: City Attorney. This item was removed at the request of Council Member Guerra and is listed under Other Business below. -4- City Council Minutes 11/09/10 14. ADOPT ORDINANCE NO. 10-____, 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 PROPERTY LOCATED AT 10441 – 10445 LAKEWOOD BOULEVARD FROM R-1 5,000 (SINGLE FAMILY RESIDENTIAL) TO C-1 (NEIGHBORHOOD COMMERCIAL): 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 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 October 26, : 2010 City Clerk. 3. APPROVED WARRANTS ISSUED: Warrant Nos. 254067 – 254397; Wire Nos. 30002256 – : 30002265 and 654 – 661; in the total amount of $3,660,215.43 Finance. 4. APPROVED AND APPROPRIATED $7,500 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR A SERIES OF MONTHLY PROGRAMS FOR SENIORS: Community Services. 6. CASH CONTRACT NO. S.S. 590 – APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS FOR PARAMOUNT BOULEVARD FIBEROPTIC COMMUNICATION SYSTEM, PHASE 1: Public Works. 8. RATIFIED BYLAWS FOR PUBLIC WORKS COMMITTEE: Public Works. 10. APPROVED HOLIDAY LANE PARADE PERMIT FOR DECEMBER 5, 2010: Administration. 11. APPROVED DATES FOR DECEMBER CITY COUNCIL MEETINGS: City Clerk. 12. ADOPTED RESOLUTION NO. 10-7234, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENTS OF BOB CIATTI, LARS CLUTTERHAM AND JANET MOLINARO TO THE GREEN TASK FORCE FOR CITY COUNCIL DISTRICTS ONE, TWO AND FIVE: Administration. 13. ADOPTED RESOLUTION NO. 10-7235, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE POLICE DEPARTMENT: Police ADMINISTRATIVE REPORTS: 15. APPROVED A FIVE YEAR EXTENSION TO THE OPERATING SERVICES AGREEMENT WITH MAJOR LEAGUE SOFTBALL, INC. FOR ADULT SOFTBALL PROGRAM: Community Services. Community Services Director Phillips presented the staff report explaining that for the past 13 years, Major League Softball (MLS) has run this program for the City. Currently there are 111 teams registered in the Fall season. He continued that per Councils’ request, he obtained the residency statistics for the Summer league and of the 2,200 registered adults, 46% of them were residents or employed in the City of Downey, with the remaining participating on local church or -5- City Council Minutes 11/09/10 business teams. He concluded that the equipment maintenance issue was addressed by the addition of a clause on page A4 stating that unless MLS fails to properly notify the City regarding equipment deficiencies, the City will defend and indemnify MLS against all claims and liabilities. Council Member Guerra noted he met with staff and all of his concerns have been addressed. It was moved by Council Member Guerra, seconded by Council Member Gafin and approve the agreement. unanimously carried to 16. ACQUISITION OF PROPERTY AT 9300 STEWART & GRAY ROAD AND PORTION OF 11921-12007 WOODRUFF AVENUE FOR CONSOLIDATED CITY CORPORATE YARD: Administration. A. APPROVED ENTERING INTO A PURCHASE AND SALE AGREEMENT WITH INCO PROPERTIES, A WASHINGTON LIMITED LIABILITY COMPANY FOR THE PURCHASE OR REAL PROPERTY AT 9300 STEWART AND GRAY ROAD AND A PORTION OF 11921-12007 WOODRUFF AVENUE IN AN AMOUNT OF $4,155,000; B. APPROVED AN AGREEMENT WITH FROZEN FOOD EXPRESS (FFE) INDUSTRIES, INC., TO ASSUME PAYMENT OF RENTS AND RELATED RENTAL CHARGES FOR LEASED PROPERTY FROM THE DATE THAT FFE VACATES THE LEASED PREMISES UNTIL THE DATE OF THE CLOSE OF ESCROW WITH PROPERTY OWNER IN EXCHANGE FOR FEE WAIVING ANY RIGHT FOR COSTS TO RELOCATE ITS BUSINESS OPERATIONS; C. APPROPRIATED $2,300,000 FROM THE WATER FUND FOR PROPERTY ACQUISITION AND RELATED COSTS. Deputy City Manager Alvarez presented the staff report explaining that since 2005 the City has been acquiring properties for the consolidation of the Public Works yards. This will be the third property acquisition and is a critical piece of property for the project. There is a tenant located at the 11941 parcel who will occupy the space through the end of November. He concluded that the seller of the property asked for further amendments to the contract at 5:00 p.m. today and staff is not recommending accepting those changes. Council Member Guerra stated that this piece of property is vital to the Public Works yard consolidation project. It was moved by Council Member Gafin, seconded by Council Member Brossmer and approve the agreement with Inco Properties as submitted, with FFE unanimously carried to upon the successful completion of the Inco agreement and appropriate the funds. OTHER BUSINESS: CONSENT ITEMS REMOVED: 5. AWARDED CONTRACT TO LONG BEACH ROOFING, INC. IN THE AMOUNT OF $59,292 FOR ROOF REPLACEMENT AT FIRE STATION NO. THREE AND ROOF REPAIRS AT THE CITY LIBRARY AND POLICE DEPARTMENT BUILDINGS AND APPROPRIATED $66,500 FROM THE GENERAL FUND: Public Works. -6- City Council Minutes 11/09/10 Council Member Guerra questioned if any local businesses participated in the bid process and what the differential preference percentage is for local businesses. Public Works Director Oskoui responded that 2 companies were invited to participate, but had not responded and the percentage is 3%. Public Works Director Oskoui presented a Power Point presentation explaining that Fire Station No. 3 was built in 1957 and has been re-roofed twice. The Library was built in 1959 and it is unclear when it was last re-roofed. The Police department was built in 1984 and has the original roofing. He noted that the problems with the roofs include: standing water, failed roofing membrane, saturated insulation, damaged roof structural sheathing, and damaged interior finishes. With the recent rains there have bee extensive leaks and damages which pose a health and safety risk and need to be fixed to prevent further damages. He stated that the priority will be to minimize inconvenience and impact to employees and clients while the work is being completed and noted that funding for complete re-roofing of the building will need to be allocated in the next 3 – 4 years. It was moved by Council Member Guerra, seconded by Council Member Gafin and award the contract and appropriate funds. unanimously carried to 7. CASH CONTRACT NO. S.S. 622 – APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS FOR CITYWIDE RESIDENTIAL STREET RESURFACING PROJECT: Public Works. Council Member Guerra requested clarification on how the order of street repairs is decided and if there is a future list. Public Works Director Oskoui explained that there is a Pavement Management System in place that surveys the streets for appearance and structural integrity and then ranks them. The rankings are reviewed to determine the order of repairs. Council Member Guerra asked if this is available to the public and was told that they could obtain the information at the Public Works department. It was moved by Council Member Guerra, seconded by Council Member Gafin and approve. unanimously carried to 9. AWARDED CONTRACT TO THE DOWNEY PATRIOT FOR THE PUBLICATION OF LEGAL NOTICES FOR A PERIOD BEGINNING NOVEMBER 9, 2010 TO NOVEMBER 8, 2011: City Attorney. Interim City Attorney Vose explained that per the City Charter when there is more than one newspaper of general circulation within the City, the City must competitively bid for publication of legal notices. The contract will be on an annual basis and the rates may not be higher than the “customary” rate charged by the newspaper. He continued that 2 bidders responded, the Downey Patriot and the Herald American. Based on publication costs and the number of residential households served, it is recommended that the contract be awarded to the Downey Patriot. Ari Gutierrez, representative of the Herald American, noted that the legal requirement for adjudication has been met by the Herald American and they provided the lowest pricing. She proposed that the City grant the contract and advertise in both papers as they would still be spending less than previously. Council Member Guerra questioned if the Herald American’s circulation in Downey is 3,850 and was told yes; however they are trying to increase that. He stated that he is pleased with the savings the City will be getting and happy to be giving the business to a local business. -7- City Council Minutes 11/09/10 Council Member Brossmer asked if circulation was part of the criteria and if the combination of circulation and costs were used to determine the recommendation and was told yes, keeping in mind that the goal is to get the notice out to the public. It was moved by Council Member Gafin, seconded by Council Member Guerra and award the contract to the Downey Patriot. unanimously carried to 14. ADOPTED ORDINANCE NO. 10-1270, 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 PROPERTY LOCATED AT 10441 – 10445 LAKEWOOD BOULEVARD FROM R-1 5,000 (SINGLE FAMILY RESIDENTIAL) TO C-1 (NEIGHBORHOOD COMMERCIAL): Community Development Council Member Guerra explained that he pulled this item due to his prior vote when the item was introduced. 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 Ordinance. STAFF COMMENTS: City Manager Caton noted that a moment of silence for slain Police Officer Ryan P. Bonaminio prior to recessing to Closed Session would be appropriate. Mayor Bayer asked for a moment of silence in memory of slain Police Officer Ryan P. Bonaminio. recessedreconvened The meeting to Closed Session at 9:34 p.m. and with all Council Members present at 9:54 p.m. ADJOURNMENT: The meeting adjourned at 9:54 p.m. to 6:30 p.m., November 23, 2010. ___________________________________ ____________________________ KATHLEEN L. MIDSTOKKE, City Clerk ANNE M. BAYER, Mayor -8- City Council Minutes 11/09/10