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HomeMy WebLinkAboutMinutes - 02-13-07 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING FEBRUARY 13, 2007 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:32 p.m., February 13, 2007 in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairperson Rick Trejo presiding. PRESENT:Council Members/Commissioners: Rick Trejo David R. Gafin Kirk O. Cartozian Anne M. Bayer Mario A. Guerra Mayor/Chairperson Mayor Pro Tem/Vice-Chairperson ALSO PRESENT:Gerald Caton, City Manager Lee Powell, Assistant City Manager Charles S. Vose, City Attorney/Economic Development Director Kathleen L. Midstokke, City Clerk/Secretary Desi Alvarez. Public Works Director Scott Pomrehn, Assistant to the City Manager NON-AGENDA PUBLIC COMMENT: No one came forward to speak. APPROVAL OF CLOSED SESSION MINUTES It was moved by Mayor Pro Tem/Vice-Chairperson Gafin, seconded by Council Member/Commissioner Bayer, and unanimously carried to approve the Closed Session Minutes of January 23, 2007. RECESSED TO CLOSED SESSION Mayor/Chairperson Trejo announced the Council/Commission is ncessing to Closed Session (6:33 p.m.) to discuss matters under the authority of the following sections of the Government Code: 1. Government Code Section 54956.8 – Conference with real property negotiator Desi Alvarez re: water rights; negotiating party Filtrol Corporation; under negotiations: price and terms of payment 2. Government Code Section 54957.6 – Conference with labor negotiator Lee Powell re: direction for labor negotiations with Downey Firemen’s Association. 3. Government Code Section 54956.8 – Conference with real property negotiator Charles Vose re: property at 12224 Lakewood Boulevard (Downey Studios); negotiating party Stuart Lichter, Industrial Realty Group; under negotiations: price and terms of payment. City Council/Community Dev. Comm. Minutes (adj.) 02/13/07 -1 - 4. Government Code Section 54957 – Public Employee Performance Evaluation – City Attorney. 5. Government Code Section 54957.6 – Conference with labor negotiator Gerald Caton re: direction for labor negotiations with Executive and Middle Management. RECONVENED The meeting reconvened in Open Session at 7:34 p.m. Qth all Council Members/Commissioners present. There were no actions to report. The meeting recessed at 7:35 p.m. The meeting reconvened at 9:32 p.m. Mth all Council Members/Commissioners present and immediately recessed to Closed Session. The meeting reconvened in Open Session at 10:25 p.m. ®th all Council Members/Commissioners present. There were no actions to report. ADJOURNMENT: 10:25 p.m. I /IACd/hA /&-h mFaFa6:GiimaBT;aKXtHLEEN L_.#atDSTe -bIn City Council/Community Dev. Comm. Minutes (adj.) 02/13/07 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING FEBRUARY 13, 2007 TABLE OF MINUTE ACTIONS SUBJECT ACTION Comm. Development Block Grant & Home Investment Programs Rec’d comment Non-Agenda Public Comment Consent Calendar – Items for Removal Council Minutes: Reg. & Adj. Mg. 1/23/07 Warrants: #219842-220379; Wire Nos. 30001367-30001384 $6,247,897.35 CC #SS574/575: Testing/Inspection Stewart & Gray Road CC #SS568: Accept work on Paramount Blvd. PAGE NO. 1 2 2 3 3 Approved Approved Approved Approved Approved Approved Ratified 3 3 3 3 3 3 3 4 4 4 4 5 6 6 7 8 8 CC #569: Authorize bids communication area remodel FS #1 Alerting System for Fire Stations – Teleque $87,500 Temporary alternate for Sanitation Districts Mtgs. 01/24/07 Reso. #07-6969: Appt. representatives to ICRMA Ord. re: speed limits Tweedy Lane Ord .. #07-1204: Approve ZC # 06-97 – 59 parcels Hall Road Adopted Ord. #07-1205: Speed Limits Quill DHve Adopted New Gates & Wall for security at Fire Station # 1 $55,000 Approved Agmt. with Delphi for Learning Center Exhibits Approved Reso. #07-6971 support State legislation re: water assessments Adopted Annual investment policy City-wide contest for naming new park Council Member Announcements/Request for Future Agenda Items Staff Comments Adopted Introduced Approved Approved Adjournment MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING FEBRUARY 13, 2007 The City Council of the City of Downey held a Regular Meeting at 7:39 p.m., February 13, 2007, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Rick Trejo presiding. PRESENT:Council Members: Rick Trejo David R. Gafin Kirk O. Cartozian Anne M. Bayer Mario A. Guerra Mayor Mayor Pro Tem ALSO PRESENT:Gerald Caton, City Manager Charles S. Vose, City Attorney/Economic Development Director Lee Powell, Assistant City Manager Kathleen L. Midstokke, City Clerk Scott Pomrehn, Assistant to the City Manager Desi Alvarez, Public Works Director Roy Campos, Chief of Police Linda Haines, Development Services Director John Michicoff, Finance Director Thad Phillips, Community Services Director Mark Sauter, Fire Chief Ed Velasco, Housing Manager Susan Domen, Secretary to the City Clerk PUBLIC HEARING: 1.RECEIVED PUBLIC COMMENT ON THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PARTNERSHIP INVESTMENT PROGRAMS FOR FISCAL YEAR 2007-2008: Development Services. Mayor Trejo opened the Public Hearing at 7:39 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Member Pro Tem Gafin, seconded by Council Member Bayer and so ordered to receive and file. Housing Manager Velasco presented a staff report noting that the City must provide a public forum for discussion on how the funds will be used. Every year the City receives an allocation based on the preparation of an allocation plan that is submitted to the Federal government. Two Public Hearings must be held along with community meetings, and to date three community meetings were held in January and the second Public Hearing will be held in May. He continued that staff is estimating that the City will receive the same allocation as last year, which is approximately $2 Million combined from both grants. Comments from the public are being invited on use of the funds in regards to housing and special needs programs. City Council Minutes 02/1 3/07 -1 - Council Member Cartozian inquired if there had been any new types of requests and was informed that there was one from a legal agency that wants to provide legal services in the community. Housing Manager Velasco then explained that the need is greater than the resouces available and priorities will have to be set. Lennie Whittington, resident of Downey, questioned if the funds could be used to reinstitute the Neighborhood Watch program and the Citizen's Academy through the Police Department. It was moved by Council Member Cartozian, seconded by Council Member Bayer and so ordered to close the Public Hearing, the time being 7:50 p.m. Mayor Pro Tem Gafin asked for clarification if these funds could be used for the Neighborhood Watch program and was informed that they could, however, it would only be partially funded due to restrictions on the use of the funds. Then he asked if the Council needed to put that in the application at this time and was told that it would be presented when Council is deciding the final distribution. NON-AGENDA PUBLIC COMMENT: The following persons spoke in regards to the graffiti occurring at the Johnie’s Broiler property: John McDonald George Redfox Adrian Biondo Mike Buhler Analisa Hungerford Mark Kneehouse Joe Legaspi, Field Representative for Assembly Member Charles Calderon, introduced himself to the Council and the audience. Alex Guerro, President of Tower General Contractors, thanked Council and staff for the opportunity to build the Columbia Memorial Space Science Learning Center. Jerry Rogers, resident of Downey, spoke regarding the Neighborhood Watch program and the Unity in the Community group, celebrating its 3'd Anniversary of a successful program, and would like more programs throughout City. Council Member Cartozian stated there would be an update on the Johnie’s Broiler investigation and requested that it be on the Closed Session for the next Council meeting. CONSENT CALENDAR – ITEMS FOR REMOVAL: 7.APPROVE ANNUAL INVESTMENT POLICY FOR PUBLIC FUNDS OF THE CITY OF DOWNEY AND ITS RELATED ENTITIES: Finance. This item was removed by Council Member Guerra and is listed under Other Business below. 9.APPROVE RIGHT-OF-WAY PURCHASE AGREEMENT WITH JAMES AND RONALD KRISS, 1-800 FLOWERS AND RICHARD SCHRAER FOR A PORTION OF PROPERTY AT 12565 LAKEWOOD BOULEVARD FOR $800,000 FOR THE LAKEWOOD BOULEVARD IMPROVEMENT PROJECT: Public Works. This item was withdrawn byStaff 11.APPROVE CITY-WIDE CONTEST FOR NAMING THE NEW CITY PARK AT 12400 CLARK AVENUE (FORMER NASA SITE): Community Services. This item was removed by Council Member Guerra and is listed under Other Business below. City Council Minutes 02/1 3/07 -2- 13.ADOPT RESOLUTION NO. 07- . 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 DISTRICT A.D. 121 FOR FISCAL YEAR 2007-2008: Public Works. This item was removed by Council Member Guerra and is listed under Other Business below. 14.INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 4118 OF THE DOWNEY MUNICIPAL CODE RELATING TO ON- STREET PARKING OF VEHICLES FOR SALE: Public Works. This item was withdrawn by Staff CONSENT CALENDAR: It was moved by Council Member Cartozian, seconded by Council Member Bayer, and unanimously carried to approve the remaining Consent Calendar items as recommended: 2.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings January 23, 2007: City Clerk. 3.APPROVED WARRANTS ISSUED: Nos. 219842 – 220379: Wire Nos. 30001367 – 30001384; in the total amount of $6,247,897.35: Finance. 4.CASH CONTRACT NO. S.S. 574/575: APPROVED AGREEMENT WITH SMITH-EMERY LABORATORIES IN THE AMOUNT OF $18,784 FOR MATERIAL TESTING AND INSPECTION FOR STEWART & GRAY ROAD: Public Works. 5.CASH CONTRACT NO. S.S. 568: ACCEPTED IMPROVEMENTS AND MAINTENANCE RESPONSIBILITY FOR WORK ON PARAMOUNT BOULEVARD: APPROVED EXTRA WORK IN THE AMOUNT OF $64,636.42; AND APPROPRIATED $19,373.83 1N GAS TAX FUNDS: Public Works. 6.CASH CONTRACT NO. 659: APPROVED PLANS AND SPECIFICATIONS AND GRANTED AUTHORITY TO ADVERTISE FOR BIDS FOR THE COMMUNICATION AREA REMODEL AT FIRE STATION NO. 1: Public Works. 8.APPROVED SOLE SOURCE ACQUISITION OF AN ALERTING SYSTEM FOR THE FIRE STATIONS FROM TELEQUE IN THE AMOUNT OF $87,500: Fire. 10.RATIFIED TEMPORARY ALTERNATE FOR L.A. COUNTY SANITATION DISTRICT MEETINGS HELD ON JANUARY 24, 2007: City Clerk. 12.ADOPTED RESOLUTION NO. 07-6969, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING SPECIFIC REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY: Finance. 15.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY: AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO THE SPEED LIMIT FOR TWEEDY LANE: Public Works. City Council Minutes 02/1 3/07 -3- 16.ADOPTED ORDINANCE NO. 07-1204, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS AND APPROVING ZONE CHANGE NO. 06-97, THEREBY REZONING 59 PARCELS FROM R-3 TO R-2 (BOUNDED BY HALL ROAD, BELLFLOWER BOULEVARD, LAKEWOOD BOULEVARD AND SOUTHERN PACIFIC RAILROAD) : Development Services. 17.ADOPTED ORDINANCE NO. 07-1205, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO THE SPEED LIMIT FOR QUILL DRIVE: Public Works. ADMINISTRATIVE REPORTS: 18.CASH CONTRACT NO. S.S. 585 – IMPERIAL HIGHWAY TRAFFIC SAFETY IMPROVEMENTS: AWARD CONTRACT TO PALP. INC., DBA EXCEL PAVING COMPANY IN THE AMOUNT OF $2,466,160.50; AND APPROPRIATE $1.5 MILLION FROM THE PROP C FUND AND $1.1 MILLION FROM THE GAS TAX FUND: Public Works. This item was withdrawn by staff. 19.APPROVED NEW GATES AND MASONRY WALL FOR PERIMETER SECURITY AT FIRE STATION NO. 1 1N THE AMOUNT OF $55,000: Fire. Fire Chief Sauter presented a Power Point presentation noting there was temporary fencing to secure the property and they are requesting that Council approve the expenditure of funds to build a new masonry wall that will provide better security as well as be more aesthetically pleasing. Funding has become available due to the grant funds from the Department of Justice that cover the Communications Center and therefore releasing General Fund monies that were earmarked for it. Council Member Gafin stated he understands the need for the fence, however, he is concerned about transferring funds from one project to another. Council Member Guerra asked if the walls could have some type of texture to them to make them nicer than a regular block wall. Mayor Trejo asked if there are plans for the other stations in the future and was told yes. Council Member Cartozian would like future projects like this to not come from the General Fund It was moved by Council Member Guerra, seconded by Council Member Bayer and unanimously carried to approve staff recommendation. 20.APPROVED AGREEMENT WITH DELPHI PRODUCTIONS IN THE AMOUNT OF $74,800 FOR THE CONTINUED FABRICATION OF EXHIBITS FOR THE COLUMBIA MEMORIAL SPACE SCIENCE LEARNING CENTER: Administration. Assistant to the City Manager Pomrehn presented a Power Point presentation explaining the history and the phases of the exhibits. Funds have been released from NASA for Phase II exhibits and staff is asking for an amendment to the agreement to proceed with these exhibits, noting that the exhibits are being reevaluated based upon the reduced square footage of the building. Council Member Cartozian asked for background information on Delphi and the prior selection process. City Council Minutes 02/1 3/07 -4- Eric Simko, Project Manager-Delphi Productions, gave an overview of the company and what museums they have worked with previously and explained that they are proposing using Gyroscope as a subcontractor to help design some of the exhibits. Council Member Guerra asked how many exhibits were being planned and if the company will be doing all the exhibits or only specific ones. Assistant Pomrehn replied that 9 were produced in the first phase and the second phase is yet to be determined, but would be approximately 8-12 more City Manager Caton gave a brief review of the project noting the first phase was done using a grant the City only had 3-4 years to spend. Delphi was hired to design and produce a number of exhibits, of which a few were selected, produced and are currently in storage. He continued that Phase II will be funded by a $ 1 Million grant the City just received, and staff is asking for approval to hire Delphi again to design and produce more exhibits. Mayor Trejo requested that an active participation with the local school districts be pursued to encourage attendance at the Learning Center, and requested that the Council Subcommittee meet and get an update on the project. It was moved by Council Member Cartozian, seconded by Council Member Bayer and unanimously carried to approve the agreement. 21 .ADOPTED RESOLUTION NO. 07-6971, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING STATE LEGISLATION TO AMEND THE STATE WATER CODE TO REQUIRE THAT GROUNDWATER REPLENISHMENT ASSESSMENTS ARE BASED ON THE ACTUAL COST OF SERVICE TO REPLENISH A GROUNDWATER BASIN: Public Works. Public Works Director Alvarez presented a Power Point presentation explaining that the Southeast Water Coalition (SEWC) hired HF&H Consultants of Walnut Creek to conduct a cost allocation study for the Water Replenishment District (WRD). He noted that currently the Replenishment Assessment (RA) is established every year by WRD determining the total cost of their upcoming fiscal year budget and dividing it by the projected number of acre-feet to be pumped from the two basins. This year the RA is $138.00 per acre-foot. When comparing the usage and the cost to replace the water in the two basins, the West Coast Basin cost is substantially higher to replenish than the Central Basin. According to the study, if the Basins were charged by the costs associated with their own replenishment, the RA would be $83.00 per acre-foot for the Central Basin and $366.00 per acre-foot for the West Coast Basin. Director Alvarez noted this would be a cost savings of $950,000 annually for the City of Downey’s residents. On January 4, 2007 these findings were presented to the SEWC Board who directed staff to pursue legislation to amend the Water Code to require that the replenishment assessment be based on the actual cost of services, instead of the average cost that is in place currently. Council Member Bayer thanked staff for making the information easy to understand. Mayor Pro Tem Gafin asked for clarification if this is a class action lawsuit and was informed that it is the first step. Dale Manasian (sp?), resident of Downey, agreed that there should be two rates for the different districts. Council Member Cartozian mentioned he serves on the SEWC Board and is happy to see this go forward and to have rates assessed based on actual costs. City Council Minutes 02/1 3/07 -5- Council Member Guerra commented that when he was in Sacramento several other cities complimented Director Alvarez on his water knowledge. It was moved by Council Member Cartozian, seconded by Council Member Guerra and unanimously carried to adopt the Resolution. OTHER BUSINESS: CONSENT CALENDER – ITEMS REMOVED BY COUNCIL APPROVAL: 7.APPROVED ANNUAL INVESTMENT POLICY FOR PUBLIC FUNDS OF THE CITY OF DOWNEY AND ITS RELATED ENTITIES; Finance. Council Member Guerra asked if the wording could be changed from “may be obtained” to “shall be obtained” in the competitive selection process. Finance Director Michicoff responded that it could tie his hands at some crucial times in a fluctuating market, which could potentially loose the City some interest earnings. It was moved by Mayor Pro Tem Gafin, seconded by Council Member Bayer and unanimously carried to approve staff recommendation. 11.APPROVED CITY-WIDE CONTEST FOR NAMING THE NEW CITY PARK AT 12400 CLARK AVENUE (FORMER NASA SITE): Community Services. Council Member Guerra stated he would like additional criteria to ensure the name is space related and to be able to see more than the three recommendations from the Recreation and Community Services Commission. Council Member Cartozian requested that staff give a report. Community Services Director Phillips explained that naming guidelines had been requested by Council Member Cartozian at the January 23 Council meeting and staff had researched City policy, developed guidelines for the naming contest, and is asking for Council’s approval and direction for the contest. Council Member Cartozian noted he was hoping a form would be presented that Council could have input on as well, and while he questions having it open to all residents, he would like it to be coordinated through the schools. He noted that Director Phillips had informed him that along with the three recommendations, the other entries would be available to Council as well. Council Member Guerra stated he is satisfied as long as Council has the final approval which would give consideration to a name that has a space theme to go along with the museum and the history of the site. It was moved by Council Member Guerra, seconded by Council Member Bayer and unanimously carried to approve staff recommendation. 13.ADOPTED RESOLUTION NO. 07- 6970, 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 DISTRICT A.D. 121 FOR FISCAL YEAR 2007-2008: Public Works. City Council Minutes 02/1 3/07 -6- Council Member Guerra mentioned that there is a big variation in the number of lights owned by City, by Southern California Edition, by the State, and by other cities. He asked what the difference is between them. Director Alvarez clarified that the City is responsible for paying for the power of all the lights that are located within the City, but the different agencies who own the lights are responsible for the maintenance of the lights. It was moved by Council Member Guerra, seconded by Mayor Pro Tem Gafin and unanimously carried to adopt the Resolution. OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items: A. CONFERENCE AND MEETING REPORTS. Council Member Bayer reported attending the Los Angeles County Sanitation District meeting on behalf of Mayor Trejo. Council Member Cartozian reported on attending the Independent Cities Association (ICA) conference in Santa Barbara with Mayor Trejo and Public Works Director Alvarez, noting that topics included municipal policing and school violence. Council Member Guerra reported attending the Southeast Los Angeles County Workforce Investment Board meeting; and would like the City to consider implementing an internship program for youth and young adults. Mayor Trejo reported on attending the ICA conference with Council Member Cartozian and Public Works Director Alvarez and mentioned that he enjoyed the presentation on safety in public schools ANNOUNCEMENTS OR REQUESTS FOR FUTURE AGENDA ITEMS: Council Member Bayer mentioned delivering a Certificate to Eduardo Rodriquez, an 1 1 year old student of the Downey Unified School District and patient at the City of Hope; announced Citizens for Downey meeting Wednesday morning at 7:30 a.m.; recognized Lee Ann Sears, Emergency Preparedness/Recreation and Community Services Commissioner in attendarlce; and wished everyone a Happy Valentines Day. Council Member Cartozian recognized Secretary to the City Attorney/Economic Development Director Kim Rapp and Police Captain Mike Miller in audience, noting the meeting’s adjournment will be honoring their recently lost loved ones, and expressed the Councils’ sympathy. Council Member Guerra asked if the monies expended in December for the Fire Communications Grant had been reimbursed yet and was told that it is still being processed; requested that the Council Comments portion be moved up in agenda; stated the Library held an Open House for staff and he was very impressed with the operation; praised the Police Department on their efforts at the McDonald’s robbery; addressed the comments in the newspaper regarding Downey Studios; requested that the City’s website be more interactive and contain links to different programs and organizations; mentioned that he had spoke with a developer regarding downtown Downey and want to look at a vision for the area; and recognized his 16 year old son in the audience Mayor Pro Tem Gafin announced that Unity in the Community is celebrating their 3'd anniversary; requested to have the Neighborhood Watch Program put back into the budget; and stated that he is issuing press releases for his town hall meetings in District One in March. City Council Minutes 02/13/07 -7- Mayor Trejo announced that both Downey and Warren High Schools made it to the Basketball CIF Tournaments. STAFF MEMBER COMMENTS: City Manager Caton complimented Public Works Director Alvarez for working diligently to correct the inequities in the Water District Assessments where citizens of the Central Basin are subsidizing oil companies through their water bills; congratulated Finance Director Michicoff on his recent election as the Treasurer for Southern California Joint Powers Insurance Authority; and stated that former Council Member/Mayor Ken Miller was also a World War II veteran and that he is going to be missed. The meeting recessed to Closed Session the time being 9:32 p.m. The meeting reconvened in Open Session with all Council Members present at 10:25 p.m. ADJOURNMENT: 10:25 p.m. The meeting adjourned at 10:25 p.m. to 6:30 p.m. February 27, 2007, in memory of Ken Miller, former Council Member and father of Police Captain Mike Miller; Kaliko Sky Sodetani, daughter of Downey Unified School District Board Member Martha Sodetani and sister of Secretary to the City Attorney/Economic Development Director Kim Rapp; and Louise Parrish, longtime Downey resident. ) I====C=KATHLEEN L. MiDSTOKKE, City Clerk City Council Minutes 02/13/07