HomeMy WebLinkAboutMinutes - 02-12-08 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
FEBRUARY 12, 2008
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:31 p.m., February 12, 2008, in the Council Chamber of the Downey
City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairperson David R. Gafin
presiding.
PRESENT: Council Members/Commissioners:
David R. Gafin
Mario A. Guerra
Anne M. Bayer
Kirk O. Cartozian
Rick Trejo
Mayor/Chairperson
Mayor Pro Tem/Vice-Chairperson
(arrived at 6:45 p.m.)
ALSO PRESENT:Lee Powell, Acting City Manager/Executive Director
Edward W. Lee, City Attorney/Agency Counsel
Kathleen L. Midstokke, City Clerk/Secretary
Scott K. Pomrehn, Assistant to the City Manager
Desi Alvarez, Deputy City Manager/Special Projects
Gilbert Livas, Deputy City Manager/Community Development
John Perfitt, Economic Development Director
Other City Staff
PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None.
APPROVED CLOSED SESSION MINUTES: January 8, 2008.
It was moved by Council Member/Commissioner Cartozian, seconded by Mayor Pro
Tem/Vice-Chairperson Guerra and unanimously carried (4/0) to approve.
RECESSED TO CLOSED SESSION:
Mayor/Chairperson Gafin announced the Council/Commission is recessing to Closed
Session (6:32 p.m.) to discuss matters under the authority of the following section of the
Government Code:
1. Government Code Section 54956.8 – Conference with real property negotiator Gilbert Livas
re: property at 7447 Firestone Boulevard; negotiating party: Christos Smyrniotis; under
negotiations: price and terms of payment.
RECONVENED:
The meeting reconvened in Open Session at 7:33 p.m. Qth all Council
Members/Commissioners present. There were no Closed Session actions to report.
City Council/Community Dev. Comm. Minutes (adj.) 02/12/08 -1 -
ADJOURNMENT:
The meeting adjourned at 7:33 p.m.
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KATHLEEN L. MIDSTOKKE, City Clerk/Secretary DAVID R. 'GAFIN, hhyor/Chairperson
City Council/Community Dev. Comm. Minutes (adj.) 02/12/08 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
FEBRUARY 12, 2008
The City Council of the City of Downey held a Regular Meeting at 7:36 p.m., February 12,
2008, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey,
California, Mayor David R. Gafin presiding.
PRESENT:Council Members:
David R. Gafin
Mario A. Guerra
Anne M. Bayer
Kirk O. Cartozian
Rick Trejo
Mayor
Mayor Pro Tem
ALSO PRESENT:Lee Powell, Acting City Manager
Edward W. Lee, City Attorney
Kathleen L. Midstokke, City Clerk
Scott K. Pornrehn, Assistant to the City Manager
Desi Alvarez, Deputy City Manager/Special Projects
Gilbert Livas, Deputy City Manager/Community Development
Roy Campos, Police Chief
Linda Haines, Building and Housing Director
John Michicoff, Finance Director
John Perfitt, Economic Development Director
Thad Phillips, Community Services Director
Brian Ragland, Public Works Director
Mark Sauter, Fire Chief
Joyce Doyle, Chief Deputy City Clerk
Other Staff
COUNCIL MEMBER ANNOUNCEMENTS:
Council Member Bayer recognized her appointees Lee Ann Sears and Fay Campbell in the
audience; and announced that tomorrow morning the guest speaker at Citizens for Downey will be
Mayor Gafin.
Council Member Trejo noted that Downey High School is participating in basketball playoffs
tomorrow; and mentioned he had a successful meeting with Community Services Director Phillips
discussing summer sports tournaments.
Mayor Pro Tem Guerra noted the Downtown subcommittee had met and is working on a
Vision, suggesting that the process that was recently used for the redevelopment of the Downey
Studios area also be used for Downtown planning; noted the Farmer’s Market item on the agenda
tonight; noted the redevelopment of 90 acres on the Rancho Los Amigos site with the County of Los
Angeles spending $60 Million on the construction of a data center on the south campus; announced
that he had attended an Independent Cities Conference focusing on public safety including the
subjects of medical marijuana facilities, new law enforcement technology and wild fires; and reported
that the Emergency Medical Services temporary subcommittee had met this afternoon discussing
continuing problems including paramedic wait time at emergency rooms.
City Council Minutes 02/1 2/08 -1-
Council Member Cartozian announced that he also attended the Independent Cities
Association Conference which also included a presentation on the use of Taser guns and resulting
exposure to liability; attended a Gangs Out of Downey meeting last Tuesday and announced that
their regular meeting time is at 7:30 a.m. on the first Tuesday of the month at Downey Unified
School District Administration offices; and mentioned last week he met with representatives of the
Governor’s office regarding the Orange Line Maglev project which will be unveiled in Sacramento on
March 26
Mayor Gafin reported that the summit last Saturday at the Barbara Riley Center regarding
the mortgage crisis, which was hosted by Senator Alan Lowenthal, was extremely successful and
well attended; and reminded everyone to keep in touch with their lenders if they get behind on
payments. He noted that a few weeks ago some incorrect numbers were mentioned about the cost
of video taping the Council Meetings. Assistant to the City Manager Pomrehn clarified that the initial
cost was $52,000 and the monthly cost is estimated at $1500 with approximately $375 per the four
meetings covered .
PUBLIC HEARING:
1. DOG LICENSE FEES: Finance.
A. ADOPTED RESOLUTION NO. 08-7041, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY AMENDING FEES AND CRITERIA FOR DISCOUNTED DOG
LICENSE FEES FOR SENIOR CITIZENS AND HANDICAPPED PERSONS PREVIOUSLY
ADOPTED BY RESOLUTION NO. 3569.
Mayor Gafin opened the Public Hearing at 7:48 p.m. City Clerk Midstokke affirmed receipt
of the Proof of Publication. It was moved by Council Member Trejo, seconded by Council Member
Bayer and so ordered to receive and file.
Finance Director Michicoff presented a staff report noting that this item has been prepared at
the request of Mayor Gafin, noting there was a need for additional relief for qualified seniors and
handicapped persons purchasing dog licenses. The recommendation is for an increase in the
discount which is predicted to decrease the dog license revenue by approximately $4,000 a year.
Noting no one coming forward to speak, the Public Hearing was closed at 7:52 p.m. It was
moved by Mayor Gafin, seconded by Mayor Pro Tem Guerra, and unanimously carried to adopt theResolution.
NON-AGENDA PUBLIC COMMENT:
Chuck Anna and Richard Pridham, residents of Downey, made comments regarding the new
railing in the Council Chamber.
The following persons spoke and expressed their personal opinions of dissatisfaction with
actions of Council Members:
Mike Prokop
Edward Hare
Maria Larkin
Joe Di Loreto Jim Roberts
Lennie Whittington John Lacy
William Buell, resident of Downey, made comments regarding the deterioration of streets.
Trisha Rodriguez, resident of Downey, requested more security at the Johnie’s Broiler site.
City Council Minutes 02/1 2/08 -2-
Jessie Flores, resident of Downey, made comments regarding the changes in Downey
including increasing density.
CONSENT CALENDAR – ITEM FOR REMOVAL
19.ADOPT ORDINANCE NO. 08- . AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AMENDING SECTION 4600.2 OF THE DOWNEY MUNICIPAL CODE
RELATING TO NOISE: Administration. This item was removed at the request of Mayor Pro
Tem Guerra and is listed under Other Business below.
CONSENT CALENDAR:
It was moved by Council Member Bayer, seconded by Mayor Pro Tem Guerra, and
unanimously carried to approve the remainder of the Consent Calendar items as recommended:
2.
3.
APPROVED CITY COUNCIL MINUTES: Regular Meeting January 22, 2008: City Clerk.
APPROVED WARRANTS ISSUED: Warrant Nos. 228732 – 229322; Wire Nos. 348-353,
30001601 – 30001618; in the total amount of $7,387,170.26: Finance.
4.ADOPTED INVESTMENT POLICY FOR PUBLIC FUNDS OF THE CITY OF DOWNEY AND
ITS RELATED ENTITIES: Finance.
5.ACCEPTED AND APPROPRIATED “EARLY LEARNING WITH FAMILIES AT YOUR
LIBRARY“ GRANT FUNDS IN THE AMOUNT OF $5,000: Community Services.
6.APPROVED AMENDMENT TO AGREEMENT WITH GLOBAL LEARNING FOR
EVALUATION SERVICES FOR SIX ADDITIONAL ASPIRE SITES: Community Services.
7.APPROVED AMENDMENT TO AGREEMENT WITH CITY OF SIGNAL HILL FOR
SPECIAL MOBILE RELAY SERVICES: Administration.
8.APPROVED PROFESSIONAL SERVICES AGREEMENT WITH CHATTEL
ARCHITECTURE, PLANNING, AND PRESERVATION FOR $25,000 FOR HISTORIC
PRESERVATION CONSULTING SERVICES RELATED TO THE CLEANUP AND REUSE
OF THE JOHNIE’S BROILER SITE LOCATED AT 7447 FIRESTONE BOULEVARD:
Community Development.
9.APPROVED AMENDMENT NO. 4 TO THE 1-5 CONSORTIUM JOINT POWERS
AUTHORITY AGREEMENT; Administration.
10.APPROVED A MEMORANDUM WITH LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY FOR THE BELLFLOWER BOULEVARD AT IMPERIAL
HIGHWAY INTERSECTION IMPROVEMENTS: public Works.
11.APPROVED AN UNSCHEDULED PURCHASE OF $15,000 FOR RADIO AND
ELECTRONIC EQUIPMENT FOR THE FIRE DEPARTMENT: Fire.
12.CASH CONTRACT NO. S.S. 567 – RESIDENTIAL STREET PAVEMENT
REHABILITATION – ACCEPTED THE IMPROVEMENTS AND MAINTENANCE
RESPONSIBILITY; AND APPROVED THE FINAL CONSTRUCTION CONTRACT
AMOUNT OF $505,274: Public Works.
City Council Minutes 02/12/08 -3-
City Council Consent Calendar – Continued
13. CASH CONTRACT NO. S.S. 538 – MISCELLANEOUS CONCRETE CONSTRUCTION
AND REPAIR – AWARDED CONTRACT IN THE AMOUNT OF: $353,470 TO BANNAOUN
CORPORATION: Public Works.
14.CASH CONTRACT NO. 632-1 D – LAKEWOOD BOULEVARD IMPROVEMENT PROJECT
– PHASE ID – APPROVED PLANS AND SPECIFICATIONS AND GRANTED AUTHORITY
TO ADVERTISE FOR BIDS: Public Works.
15.ADOPTED RESOLUTION NO. 08-7042, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY WHICH ACCEPTS A FEE AND WAIVES AN ADDITIONAL THREE
AUTOMOBILE PARKING SPACES FOR DR. LEE MAREK AND ASSOCIATES, A
PHYSICIAN OWNED SURGICAL CENTER, PROPOSED AT 8200 FIRESTONE
BOULEVARD, IN THE DOWNTOWN PARKING ASSESSMENT DISTRICT; Community
Development.
16.ADOPTED RESOLUTION NO. 08-7043, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ORDERING THE CITY ENGINEER TO PREPARE AND FILE A
REPORT ON ASSESSMENTS WITHIN LIGHTING AND LANDSCAPING ASSESSMENT
DISTRICT A.D. 121 FOR FISCAL YEAR 2008-09: Public Works.
17.ADOPTED RESOLUTION NO. 08-7044, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING PROPOSITION IB LOCAL STREETS AND ROADS
FUNDING EXPENDITURE PLAN FOR FISCAL YEAR 2008-09: Public Works.
18.INTRODUCED AN ORDINANCE RENEWING THE LEASE AGREEMENT BETWEEN THE
CITY OF DOWNEY AND THE DOWNEY CHAMBER OF COMMERCE FOR A TEN YEAR
TERM: Administration.
It was moved by Council Member Bayer, seconded by Mayor Pro Tem Guerra, and
unanimously carried to approve the remainder of the Consent Calendar.
ADMINISTRATIVE REPORTS:
20.UPDATE ON FORMER JOHNIE’S BROILER PROPERTY LOCATED AT 7447 FIRESTONE
BOULEVARD: Community Development.
Deputy City Manager Livas gave a staff report indicating that the City has been working
diligently to get the site cleaned up. The City has been working with Bob’s Big Boy to come into the
site and also with a new Nissan car dealership to use part of the site for new car storage. Bob’s has
indicated a willingness to rebuild the site with the Googie type architecture and to retain some of the
car hops. An offer with the property owner is pending. The goal is to rebuild it as before with a lot of
the same elements.
Economic Development Director Perfitt indicated the City is working with Chattel Architecture
regarding historical preservation and the architect from Bob’s Big Boy. It is expected the site will be
cleaned up within thirty to sixty days.
Mayor Gafin noted that the City has been working, mostly behind the scenes, to get some
type of development going on the property. He requested Director Livas to go to the site tomorrow
to make sure it is secure.
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Trisha Rodriguez and Richard Pridham expressed their concern to quickly move forward .
Council Member Cartozian sees this proposal as a win for all parties and hopes the citizens
will get involved.
The City Council expressed consensus in supporting the proposal.
21 .APPROVE A NO COST AGREEMENT WITH CGI COMMUNICATIONS, INC. FOR
PRODUCTION OF ON-LINE COMMUNITY PROMOTIONAL VIDEOS: Administration.
A staff report was presented by Assistant to the City Manager Pomrehn who explained that
this will be a free promotional video from a private company. A number of cities have done this and
CGI has partnered with the U.S. Conference of Mayors for this program. There will be about ten
short videos about the City to start, with the City having the choice of content.
The Council Members had several questions and discussion ensued. This included the
legitimacy; will they be selling advertisement on frames; how fast can we get out of the contract; the
proposed letter to businesses indicates a three year promotional campaign and perhaps using the
standard City contract format.
Harold Tseklenis, resident of Downey, mentioned liability exposure and suggested that
indemnification be included.
Lennie Whittington, resident of Downey, expressed concern about the privacy of citizens.
It was moved by Mayor Gafin, seconded by Council Member Bayer, and unanimously carried
to refer the agreement to the City Attorney for legal review including indemnification and a
termination clause.
22.DOWNEY FARMERS’ MARKET; Administration.
A. ADOPTED RESOLUTION NO. 08-7045, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY AUTHORIZING THE CITY-SPONSORED CERTIFIED
FARMERS’ MARKET, ADOPTING OPERATING RULES AND AUTHORIZING
SPECIFIC LICENSE WAIVERS.
A staff report was presented by Deputy City Manager Alvarez indicating that Farmer’s
Markets are an extremely popular way in many cities to obtain fresh produce and serve as
community gathering places. In consideration of five sites, the Downtown subcommittee preferred
the downtown site at Second Street between New Street and Downey Avenue. For this site,
permission from the property owners on both sites of the street must be obtained. If the permission
is not obtained, the site will be moved to Second Street between La Reina Avenue and New Street
The day of the week recommended is Saturday 8:00 a.m. to 1:00 p.m., with the market beginning in
April and to contract with a non-profit for operation management.
Council Member Cartozian questioned the amount of advertising budget for the Press
Telegram verses the Downey Patriot indicating he would prefer most of the ads in the Patriot.
Deputy City Manager Alvarez responded that the Patriot’s advertising rates were lower, so they will
have the most ads.
Council Member Cartozian asked City Attorney Lee whether he can vote on this item due to
his business being located downtown. City Attorney Lee responded that he does not believe this will
have any impact on his current lease and that the project will impact the entire downtown equally;
therefore, there is no conflict of interest.
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Mayor Pro Tem Guerra noted that this project should be revenue neutral to the City and
hopes that the non-profit agency running the market will direct some of the funds back into our City’s
own local non-profits.
Deputy City Manager Alvarez introduced Shannon DeLong, Administrative Analyst, who did
most of the work on this project.
Council Member Bayer thanked staff for an excellent factual report.
Council Member Trejo expressed that this will be a nice benefit for the people of Downey.
Mayor Gafin noted the need for the Farmer’s Market, but has concern about the non-profit.
He would like to know their causes. He further expressed that the uses are not limited, particularly
the arts and crafts and youth oriented vendors; and suggested a percentage limitation.
It was moved by Mayor Gafin, seconded by Mayor Pro Tem Guerra, and unanimously carried
to adopt the Resolution with an amendment to limit arts and crafts and youth oriented
activities to no more than a ten percent (10%) area.
Prior to the vote, Richard Pridham, resident of Downey, expressed his concern regarding
parking.
Russ Rankin, resident of Downey, stated he feels there needs to be a definition of farmer.
Janet Molinaro, resident of Downey, is very pleased this is coming to Downey.
Michael Hutchinson, Project Area Committee, noted that Cordono Square may be for sale
and potentially result in parking being lost.
23.SOLID WASTE DISPOSAL CONTRACT WITH CALMET – CREATED TEMPORARY CITY
COUNCIL SUBCOMMITTEE: Administration.
Acting City Manager Powell gave a staff report indicating that it is being requested that the
Council appoint two of its members to serve on a temporary Solid Waste Disposal Subcommittee to
review the existing contract with CaIMet including a request for a rate adjustment and some contract
terms that are in dispute, particularly the commercial bin fees.
It was so ordered by the Mayor that Council Members Bayer and Trejo will serve on this
temporary subcommittee.
OTHER BUSINESS:
24.CITY COUNCIL ANNOUNCEMENTS/REQUESTS FOR FUTURE AGENDA
ITEMS/CONFERENCE AND MEETING REPORTS PLACEMENT ON AGENDA:
Mayor Gafin.
Mayor Gafin expressed that two times on the agenda for Council Comments has created
some confusion and as the current Mayor, he would like to combine them into one. The question to
the Council is would they like it at the beginning or the end of the agenda.
It was so ordered by the Mayor to put these categories together at the beginning of the
meeting
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ITEM REMOVED FROM CONSENT CALENDAR:
19.ADOPTED ORDINANCE NO. 08-1225, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AMENDING SECTION 4600.2 OF THE DOWNEY MUNICIPAL CODE
RELATING TO NOISE: Administration.
Mayor Pro Tem Guerra thanked staff for working on this item, noting that the parking lot of
Rite-Aide was being cleaned by a leaf blower in the middle of the night. With this Ordinance, that
will no longer be allowed since the property abuts a residential area.
It was moved by Mayor Pro Tem Guerra, seconded by Council Member Bayer and
unanimously carried to adopt the Ordinance.
COUNCIL MEMBER REQUESTS FOR FUTURE AGENDA ITEMS:
Mayor Pro Tem Guerra requested that staff study the offer by Mr. Lawbaugh who has several
historical collections, including Downey space items, he would like to leave to the City to be put on
display; and requested consideration of support for SB1065 regarding the Independent Cities Lease
Finance Authority offering refinancing to homeowners who are facing foreclosures.
Council Member Cartozian requested the report on the Mayoral transition be brought back;
and a report from Police and Fire on having information on individuals and specific needs of certain
households related to emergency response.
Council Member Bayer requested that her voting buttons be repaired.
Mayor Gafin requested that the Art in Public Places Committee prepare a report regarding
their effectiveness since formation.
ADJOURNMENT: The meeting adjourned at 9:47 p.m. to 6:30 p.m. February 26, 2008, in memory
of the “Three Space Tragedies,” Apollo 1 Spacecraft - January 27, 1967; Space Shuttle
Challenger - January 28, 1986; and Space Shuttle Columbia - February 1, 2003; Christian
Dwain Rogers; son of Downey residents Sam and Sharon Olivito; and Evelyn Morris, daughter of
D. Mark Morris, Vice-President, Board of Education, Downey Unified School District and City of
Downey Housing Planner.
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KATHLEEN L. MIDSTOKKE, City Clerk DAVID R. GAFIN, Mayor
City Council Minutes 02/1 2/08