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HomeMy WebLinkAbout01. Minutes - 04-12-11 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING APRIL 12, 2011 The City Council of the City of Downey held a Regular Meeting at 7:46 p.m., April 12, 2011, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Luis H. Marquez presiding. PRESENT: Council Members: Luis H. Marquez Mayor Roger C. Brossmer Mayor Pro Tem David R. Gafin Mario A. Guerra Fernando Vasquez ALSO PRESENT: Gerald M. Caton, City Manager Gilbert Livas, Assistant City Manager Yvette M. Abich Garcia, City Attorney Joyce E. Doyle, Interim City Clerk Desi Alvarez, Deputy City Manager/Special Projects Shannon DeLong, Assistant to the 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 Lonnie Croom, Fire Chief Shirley Conte, Secretary to the City Council Other City Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Council Member Vasquez announced the Downey Kiwanis Club donated $27,000 to the Arc of Southeast Los Angeles County to assist in its programs; announced he attended two neighborhood watch meetings, stating at one east of the I-605 Freeway there was concern with large commercial vehicles in residential streets and asked staff to follow up to make sure there is compliance in this area; mentioned that local businesses have brought up zoning restriction issues to him and asked staff to create a subcommittee to look into commercial zoning; and suggested staff look at the possibility of providing shade at bus stops at major intersections. He mentioned he will be traveling to Atlanta, Georgia, this weekend on behalf of the National Association of Latino Elected Officials (NALEO) to discuss wellness programs and how health issues impact communities and what cities can do to help. Council Member Gafin mentioned attending the Arc Walk for Independence on March 26 and commended the City employees who took part; attended the State of the City address by Mayor Marquez at Rio Hondo Event Center; noted the annual Gangs Out Of Downey (GOOD) luncheon is tomorrow at 11:30 a.m. at Rio Hondo Event Center with Father Boyle as the speaker; and said Keep Downey Beautiful will have a cleanup on Saturday at Independence Park at 9:00 a.m. He referred to the Downtown Specific Plan recently adopted by the City and advised it has been recognized by the Southern California Association of Governments (SCAG) and was selected to receive SCAG’s -1- City Council Minutes 04/12/11 Compass Blueprint Recognition Award for achievement in livability. He stated he serves on the Regional Board for SCAG and Council Member Guerra serves on the Transportation Committee and said he will attend SCAG’s annual meeting to accept the award along with Community Development Director Saeki and other staff and noted this is only the fifth award given by SCAG in this category. He gave kudos to the Downtown Subcommittee consisting of Mayor Pro Tem Brossmer, Council Member Guerra and staff. Council Member Guerra noted the City is one of 26 finalists for the All American City award. He mentioned attending a True Lasting Connections’ (TLC’s) board meeting and advised its softball tournament is coming up on April 30; said he was invited to serve as a guest lecturer at the University of Southern California’s School of Public Policy; asked that a Budget Subcommittee meeting be set up; and said he was watching a kids TV channel and saw an item called graffiti skateboard stating he was not pleased at the promotion of such a product. He thanked staff and friends for their well wishes regarding the passing of his father-in-law James McClain last Friday. Mayor Pro Tem Brossmer mentioned the Character Counts Coalition meeting held at City Hall by the Downey Unified School District and thanked the City for its cooperation; said he and Council Member Guerra walked the three mile course at the Arc Walk; thanked staff and neighbors for addressing issues at Crawford Park where restrooms were demolished and noted Treasure Island Park also has issues. He asked staff for an update on the grants received for improvements to the parks. Assistant to the City Manager De Long noted the agreement was received from the State and the contract is in place. Public Works is reviewing requests for proposals for the final plans and specifications and we anticipate construction to begin in the fall. Mayor Pro Tem Brossmer advised that he and Council Member Guerra attended a neighborhood watch meeting on Brookgreen Street and noted Jane Guzman from the Police Department is assuming the neighborhood watch program; commended Mayor Marquez for his State of the City Address and for emphasizing the positives in our City; mentioned attending an all- day medical fair at Calvary Chapel Church; and noted he visited a special resident, Dr. Mary Stauffer, who has been in the hospital. He also advised he attended a meet and greet at the Columbia Learning Center with Downey’s Assemblyman Ricardo Lara including his local and Sacramento office staff last Thursday. He stated he represents the City on the Southeast Water Coalition Board and noted Deputy City Manager/Special Projects Alvarez presented a report regarding the state of water in California. He also said he supported the 10-20 Club’s golf tournament last Friday and explained this group works with at-risk youth and said he hopes to see everyone at the annual GOOD luncheon. Mayor Marquez advised he attended the Library’s volunteer and major donor recognition luncheon last Saturday and commended the volunteers and donors for the work they do and the services they support and also commended Director of Community Services Phillips and his staff for the event; stated last week the City hosted the League of California Cities’ meeting at the Columbia Memorial Space Science Learning Center which showcased the center to surrounding cities. He thanked Learning Center Executive Director Scott Pomrehn and his staff. He said he participated in the Arc Walk and pointed out State cuts affect organizations like Arc and they need assistance. He referred to the City being one of 26 All American City finalists and gave kudos to City staff and residents and mentioned that Gangs Out Of Downey was noted as one of the reasons the City was selected. He said the Character Counts Coalition meeting was great and commended the School District; the State of the City was a good event and debut a new tool for residents with I phones, androids or Smart Phones to use for graffiti reporting at no cost to them or the City. He requested Staff provide him with the fees for special events at the Space Center and wanted to make sure -2- City Council Minutes 04/12/11 Downey organizations are given priority for utilizing the center. He also asked staff to contact the Executive Director of the Orangeline to request a presentation to the Council and residents regarding the status of the high speed system. PRESENTATIONS: Mayor Marquez read a Proclamation declaring the week of April 10-16 as Safety Seat Checkup Week and reminded everyone to buckle up. PUBLIC HEARINGS: None NON-AGENDA PUBLIC COMMENT: Michael Hutchinson Chairman of Project Area Committee (PAC), referred to his letter requesting that the PAC’s Agendas be posted on the City’s website. He noted none of the commissions, committees or subcommittees are posted on the website and said residents should be able to obtain this information on-line and felt the best plan is to access all Agendas from one web page. Greta Campbell stated she is disappointed the City has homeless people on its streets. John Lacey recited a short poem, “I am a nobody but who are you.” CONSENT ITEMS REMOVED: 3. CASH CONTRACT NO. S.S. 599 – IMPERIAL HIGHWAY TRAFFIC THROUGHPUT AND SAFETY ENHANCEMENTS PROJECT (PHASE 2): ACCEPT IMPROVEMENTS, APPROVE FINAL CONTRACT AMOUNT OF $3,206,924.55, AND DIRECT THE PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF COMPLETION: Public Works. This item was pulled at the request of Council Member Guerra and is listed under Other Business below. 8. APPROVE AGREEMENT WITH CALIFORNIA CERTIFIED FARMERS MARKETS, INC., A NON-PROFIT CORPORATION, FOR THE PURPOSES OF OPERATING AND MANAGING THE DOWNEY FARMERS’ MARKET: Administration. This item was pulled at the request of 9. APPROVE DISPATCH SERVICES JOINT POWERS AGREEMENT WITH THE CITIES OF COMPTON, SANTA FE SPRINGS AND VERNON FOR THE JOINT POWERS COMMUNICATION CENTER: Fire Department. This item was pulled at the request of Council Member Guerra and is listed under Other Business below. CONSENT CALENDAR: It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Guerra, and approve the remainder of the Consent Calendar as recommended, unanimously carried to noting the abstentions of Council Member Vasquez on Item 6, Council Member Guerra on Item 12 and Mayor Marquez on Item 15. Council Member Vasquez abstained from Item 6 stating his former employer may be involved in the negotiations on this item. Council Member Guerra abstained from Item 12 due to the company next door being a source of income to him. Mayor Marquez abstained from Item 15 as the pipeline falls within 500 feet of his residence. -3- City Council Minutes 04/12/11 1. APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings March 22, 2011: City Clerk. 2. APPROVED WARRANTS ISSUED: Warrant Nos. 257707 - 258119; Wire Nos. 30002365 – : 30002374 and 717 – 721; in the total amount of $3,645,795.16 Finance. 4. CASH CONTRACT NO. 603 – FLORENCE AVENUE FIBER OPTIC COMMUNICATIONS SYSTEM: AWARDED CONSTRUCTION CONTRACT TO PRO TEC ENGINEERING CORPORATION IN THE AMOUNT OF $1,310,095: Public Works. 5. CASH CONTRACT NO. 674 – DOWNEY THEATRE AND PUBLIC LIBRARY HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS RETROFIT PROJECT (PHASE 1): APPROVED PLANS AND SPECIFICATIONS AND GRANTED AUTHORITY TO ADVERTISE FOR BIDS: Public Works. 6. APPROVED LETTER AGREEMENT AND AMENDMENT WITH RUTAN & TUCKER, LLP FOR LEGAL SERVICES: City Attorney. 7. APPROVED CHAMBER OF COMMERCE STREET CLOSURE PERMIT APPLICATION TO CLOSE BROOKSHIRE AVENUE FROM FIRESTONE BOULEVARD TO JUST NORTH OF CIVIC CENTER DRIVE FOR THE ANNUAL STREET FAIRE TO BE HELD MAY 7, 2011: Administration. 10. APPROVED COLUMBIA MEMORIAL SPACE CENTER, MULTIMEDIA TECHNOLOGY ENHANCEMENT PROJECT (PHASE 2), IN THE AMOUNT OF $30,218: Administration. 11. APPROVED AMENDMENT TO CONTRACT WITH INTERWEST CONSULTING SERVICES FOR PLAN CHECK AND INSPECTION SERVICES: Community Development. 12. APPROVED CONVEYANCE OF PROPERTY LOCATED AT 9066 FIRESTONE BOULEVARD FROM THE DOWNEY COMMUNITY DEVELOPMENT COMMISSION TO THE CITY OF DOWNEY: Community Development. 13. ADOPTED RESOLUTION NO. 11-7260, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY IN SUPPORT OF THE LEAGUE OF CALIFORNIA CITIES, LOS ANGELES COUNTY DIVISION’S RESOLUTION CALLING FOR REASONABLE AND ECONOMICALLY ACHIEVABLE, MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEMS (NPDES) PERMITS AND TOTAL MAXIMUM DAILY LOADS (TMDL) REQUIREMENTS: Administration. 14. WATER SYSTEM MASTER PLAN AND RATE STUDY: Public Works. A. ADOPTED RESOLUTION NO. 11-7261, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING THE CITY’S WATER SYSTEM MASTER PLAN AND SUBPARTS THEREOF ; and B. ADOPTED RESOLUTION NO. 11-7262, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SETTING THE TIME AND PLACE FOR A PUBLIC HEARING (JUNE 28, 2011) ON ESTABLISHING RATES FOR WATER SERVICE AND AUTHORIZING STAFF TO NOTIFY PROPERTY OWNERS AND RATE PAYERS. -4- City Council Minutes 04/12/11 15. ADOPTED ORDINANCE NO. 11-1281, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING AN OIL PIPELINE FRANCHISE TO LT PIPELINE INCORPORATED: Public Works. ADMINISTRATIVE REPORTS: 16. RECEIVED AND FILED SANITARY SEWER SYSTEM MANAGEMENT PLAN STATUS REPORT: Public Works. Director of Public Works Oskoui presented a PowerPoint program explaining that the State Water Resources Control Board approved Sanitary Sewer Order No. 2006-0003 three or four years ago, the goal of which was to provide a consistent statewide approach for reducing sanitary sewer overflows. In response, the City adopted its Sanitary Sewer Master Plan and Sewer System Management Plan and implemented new sewer rates as of June last year. The City had not raised its rates for 15 years and was encroaching into its general fund to subsidize the sewer program. The rate adjustment was made to support the programs to be implemented as part of the City’s master plan and also those required by the State order and to establish a self-supporting sewer fund, implementing a maintenance operation and capital improvement program. He explained what the sewer system consists of and areas of primary focus, noting the City’s goal for first year was concentrating on reducing the frequency of sanitary sewer overflows (SSOs), the overflows of the sewer system. He advised that the system wide sewer cleaning program is ahead of schedule and noted major components. He said the City has purchased equipment to take care of issues rather than relying on outside contractors; has trained its own employees; has met its goals for year one; and so far had only one event of overflow of a sewer as opposed to nine events reported last year. He thanked staff members Lewis Atwell, Deputy Public Works Director in charge of utilities and Dan Muller, Senior Utilities Engineer for their assistance. It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Vasquez and receive and file the status report on the City’s Sanitary Sewer System unanimously carried to Management Plan. 17. PURCHASE AND SALE AGREEMENT AND OPERATING COVENANT FOR PROPERTY LOCATED AT 9715 FIRESTONE BOULEVARD: Community Development. A. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS AND ALL EXHIBITS AND FORMS ATTACHED THERETO INCLUDING AN OPERATING COVENANT AGREEMENT BETWEEN THE CITY OF DOWNEY AND CHAMPION AUTOMOTIVE PROPERTIES, LLC FOR PROPERTY LOCATED AT 9715 FIRESTONE BOULEVARD, DOWNEY; and B. APPROPRIATED $800,000 FROM THE GENERAL FUND. Council Members Vasquez and Guerra advised they will abstain from participating in this item and left the dais at 8:37 p.m. Community Development Director Saeki presented a Power Point program noting the Ordinance proposed approves a purchase and sale agreement for City owned property at 9715 Firestone Boulevard to facilitate the development of a new Fiat automobile dealership in Downey. Champion Fiat of Downey will be the only dealership within a 20 mile radius. He showed a photo of the Fiat 500 car that will be sold at the dealership and said the dealership owner and the Fiat company have also committed to introducing the Alfa Romeo line within 12 months after opening. -5- City Council Minutes 04/12/11 He explained that the City acquired the land in 2010 in a public auction and paid $1.9 million and, with delinquent taxes and fees, the total acquisition cost was approximately $2 million. He said the proposed improvements will include a complete renovation of the site at a cost of over $1.5 million that the owner, Mr. Antepara, will pay out of pocket. Mr. Antepara is the owner of the Champion Dodge/Jeep/ Chrysler dealership currently next to the proposed site. An appraisal determined that the fair market value of the property is $3.8 million. He noted the maximum Mr. Antepara can pay is $3 million and the remaining $800,000 could be provided through the U.S. Department of Housing and Urban Development’s (HUD’s) Section 108 Loan Guarantee Program which allows entitlement communities to apply for funds which can be utilized for economic development subsidies to purchase property, eliminate blight and create new jobs and advised that the City has submitted an application for consideration He advised the City has the opportunity to act as the bank and loan Mr. Antepara $3 million which would result in the City receiving interest of 5.5 percent compared to interest of .44 percent that it currently receives through the Local Agency Investment Fund (LAIF). This loan would result in a $1.8 million gain by the City in interest and it redevelops a prominent blighted property and offers 23 new jobs He noted Mr. Antepara has requested that the City consider assisting him with costs related to purchasing working capital and for funding overhead expenses and staff is proposing that the City Council consider purchasing an operating covenant in the form of a forgivable loan in the amount of $800,000. He explained that the City would be purchasing a 5 year operating covenant to achieve the objectives of removing blight in the Downey Project Area, the creation of new jobs and expanding the City’s and Community Development Commission’s revenue base. The operating covenant would also guarantee that Mr. Antepara will operate a new car dealership for a 5 year term, maintain the property and insure that the City’s investment is met. The financial advisory services of Keyser Marston Associates, experts in the field of operating covenants for new automobile dealerships, has evaluated the value of the operating covenant at $1.49 million. He reviewed safeguards in place to protect the City and limit its financial risk and noted Mr. Antepara is present if there are any questions for him. Bob Goldstein, resident, asked if there should be a referendum on this with so much of the City’s money going into it. He referred to the City owned hospital property and noted Downey Regional Medical Center’s offer to purchase was lower than what the City valued the land at and stated maybe the City should have a referendum every time it wants to sell property. Michael Hutchinson, resident, asked if Council Members abstain do they need to state why and City Attorney Abich Garcia responded only if it is based on the Political Reform Act but in this case to her knowledge it was not. Mayor Marquez commented that he feels this is a great deal for the City and said the City acquired the property in 2010 and is now selling it for a positive profit and it will also bring jobs and fix up an area that needs improvement. It was moved by Mayor Marquez, seconded by Mayor Pro Tem Brossmer and carried 3-0, introduce an Ordinance noting the abstentions of Council Members Guerra and Vasquez, to approving an agreement for purchase and sale and escrow instruction and all exhibits and forms attached thereto between the City of Downey and Champion Automotive Properties, LLC, for property located at 9715 Firestone Boulevard, Downey, CA; and appropriate $800,000 from the General Fund. Council Members Vasquez and Guerra returned to the dais at 8:52 p.m. -6- City Council Minutes 04/12/11 OTHER BUSINESS: CONSENT ITEMS REMOVED: 3. CASH CONTRACT NO. S.S. 599 – IMPERIAL HIGHWAY TRAFFIC THROUGHPUT AND SAFETY ENHANCEMENTS PROJECT (PHASE 2): ACCEPTED IMPROVEMENTS, APPROVED FINAL CONTRACT AMOUNT OF $3,206,924.55, AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF COMPLETION: Public Works. Council Member Guerra asked Public Works Director Oskoui if the contractor is required by contract to clean up the red markings placed on sidewalks and the response was yes. Mr. Oskoui advised that prior contracts did not include language for this but staff will add language to future contracts. Council Member Guerra referred to a sidewalk at the northwest corner of Imperial Highway and Paramount Boulevard and Mr. Oskoui explained this was a separate contract and there is a defect at that location which was part of the work completed by the contractor but is not the responsibility of the contractor. He said staff will be cleaning it up. It was moved by Council Member Guerra, seconded by Mayor Pro Tem Brossmer and accept the improvements constructed under Cash Contract No. S.S. unanimously carried to 599, approve the final construction contract amount of $3,206,924.55 and direct the Public Works Director to file the Notice of Completion . 8. APPROVED AGREEMENT WITH CALIFORNIA CERTIFIED FARMERS MARKETS, INC., A NON-PROFIT CORPORATION, FOR THE PURPOSES OF OPERATING AND MANAGING THE DOWNEY FARMERS’ MARKET: Administration. Council Member Guerra pointed out the Council voted to move the Farmers’ Market to Downey Avenue but decided to hold off for a while due to congestion from the Porto’s Baker and Café project. He stated the contract presented has a provision for moving the market but mentioned his concern with Page 2, Item 6, Use of City Property, where it states the City has the right to change the property, with Raw Inspiration Inc.’s (RI’s) concurrence, and asked what happens if RI does not concur. City Attorney Abich Garcia explained it does require concurrence but said the difference in this agreement is the termination provision which was not in the prior agreement and allows the City to terminate the contract with or without cause. Council Member Guerra asked to have this subject brought back at a Downtown Subcommittee meeting. It was moved by Council Member Guerra, seconded by Council Member Gafin and authorize the Mayor to execute a no-fee agreement with Raw unanimously carried to Inspiration, Inc., a non-profit corporation, for the purposes of operating and managing the Downey Farmers’ Market . 9. APPROVED DISPATCH SERVICES JOINT POWERS AGREEMENT WITH THE CITIES OF COMPTON, SANTA FE SPRINGS AND VERNON FOR THE JOINT POWERS COMMUNICATION CENTER (JPCC): Fire Department. Council Member Guerra wanted to know how the impact of a bill pending in the legislature to dissolve the City of Vernon would affect the numbers in this contract without the City of Vernon. He asked for the numbers in the 2009 fiscal year when Montebello was part of the Joint Powers Agreement. -7- City Council Minutes 04/12/11 Fire Chief Croom responded that the cost to Downey was $396,000 when Montebello was in the Joint Powers Agreement and Council Member Guerra noted this jumped significantly when Montebello went out. He was advised this was because of the percentage of calls from their City that had to be absorbed and also the operating costs that had to be absorbed by the remaining member cities. Council Member Guerra questioned why there was not a savings with the addition of the City of Vernon and was informed that staff was added and also the inclusion of Vernon will not have the incident production that Montebello had therefore they still have a very low percentage that keeps Downey’s percentage of usage of the JPCC high. City Attorney Abich Garcia explained that should Vernon disincorporate, the remaining parties would go back to their Councils and propose an amendment to the contract without the City of Vernon. It was moved by Council Member Guerra, seconded by Council Member Gafin and approve a new Dispatch Services Joint Powers Agreement (JPA) with unanimously carried to the cities of Compton, Santa Fe Springs and Vernon for the Joint Powers Communication Center (JPCC). STAFF COMMENTS: Mr. Caton said he appreciated the staff members who worked hard on the All American City award and noted members of the audience are welcome to review the application. He referred to Mr. Goldstein’s comment about a referendum for land, explaining that in the history of the City there has only been one lease agreement that residents have voted on and that was with the hospital. It came into existence because of the residents and he said any modification to that lease should also go back to the residents for a vote. ADJOURNMENT: Laurita The meeting adjourned at 9:04 p.m. to 6:30 p.m., April 26, 2011, in memory of Kaczmarek, former Utilities Division Secretary . _________________________________ ____________________________ JOYCE E. DOYLE, Interim City Clerk LUIS H. MARQUEZ, Mayor -8- City Council Minutes 04/12/11