HomeMy WebLinkAboutMinutes - 05-10-05 - Regular Meeting. 014 S ’? ';
MINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
MAY 10, 2005
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:32 p.m., May 10, 2005, in the Council Chamber of the Downey City
Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairman Anne M. Bayer presiding.
PRESENT:Council Members/Commissioners:
Anne M. Bayer
Meredith H. Perkins
Rick Trejo
David R. Gafin
Kirk O. Cartozian
Mayor/Chairman
Mayor Pro Tem/Vice-Chairman
ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director
Charles S. Vose, City Attorney/Economic Development Director
Lee Powell, Assistant City Manager
James Makshanoff, Deputy City Manager
Steven Yee, Principal Planner
Kathleen L. Midstokke, City Clerk/Secretar/
NON-AGENDA PUBLIC COMMENT - No one came forward to speak.
APPROVAL OF CLOSED SESSION MINUTES
It was moved by Council Member/Commissioner Trejo, seconded by Mayor Pro
Tem/Vice-Chairman Perkins and unanimously carried to approve the Closed Session Minutes of
April 26, 2005.
RECESS TO CLOSED SESSION
Mayor/Chairman Bayer announced the Council/Commission is recessing to Closed Session
(6:33 p.m.) to discuss matters under the authority of the following sections of the Government Code:
1.SECTION 54957.6 – Conference with labor negotiator Lee Powell re: direction for
labor negotiations with Downey City Employees Association/Maintenance Unit.
2.SECTION 54956.8 – Conference with real property negotiator Charles Vose re:
property at 9066 Firestone Boulevard; negotiating party: Primestor Development, Inc. ;
under negotiations: price and terms of payment.
City Council/Community Dev. Comm. Minutes (adj .) 05/10/05 -1-
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3.SECTION 54956.8 – Conference with real property negotiators Gerald Caton and Desi
Alvarez re: property at 9255 Imperial Highway; negotiating party: Spartan Lacquer and
Paint Corp.; under negotiations: price and terms of payment.
RECONVENED
The meeting reconvened in Open Session at 7:26 p.m. with all Council Members/
Commissioners present. There were no Closed Session actions to report.
The meeting recessed at 7:26 p.m.
The meeting reconvened at 10: 12 p.m. with all Council Members/Commissioner present.
ADJOURNMENT: 10: 12 p.m.
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KATHLEEN L. MIDSTOKKE, City Clerk/Secretary ANNE M. BAYER, Maymn;;a
City Council/Community Dev. Comm. Minutes (adj.) 05/10/05 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
MAY 10, 2005
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
1
2
Presentations
5-Year Consolidated Plan for CDBG & Home Invest. Grant
Programs
Non-Agenda Public Comment
Consent Calendar Item Removed
Approved
3
3
3
3
3
4
4
Council Minutes: Reg. & Adj. Mtg. 04/26/05
Warrants: # 203881-204227; Wire Nos. 30001007-30001014;
$2,052,277. 16
CC # S.S. 543 – Misc. Concrete Const. & Repair Contract
Ranco Corp., $393,390
SCE Agreements for Underground Utilities, Lakewood Blvd.
NPDES Municipal Separate Storm Sewer Sys. Permit Litigation
Approved
Approved
Approved
Approved
Authorized
Participation
Approved
Approved
All City Management Services, Inc. – Crossing Guard Services
Renewal of City’s Towing & Storage Agreements for 3 years -
United Towing & Doug’s Tug
CDBG & Home Invest. Partnership Grant Impediment Report
Reso. #05-6851-Final Map, PM #26561, 8021-43 Second St.,
8036 Third St. and 11019 Myrtle St.
Reso. #05-6852-Integrated Regional Water Mgmt. Planning Grant
Ordinance Adding Chap. 10 to Article II of DMC-Establishment
of Procedure for Debarment of Contractors from City Contracts
Ord. #05-1172, Amend DMC Sect. 3186, Florence Ave. Speed
Limits
4
4
4
4
4
4
4
Approved
Adopted
Adopted
Introduced
Adopted
COUNCIL MINUTES, MAY 10, 2005
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
DRMC update on Building Construction 5
62004 State Homeland Security Grant Appropriation, $149,715
Purchase Portable Radios & Surveillance Equipment, PD
Approved
Council Member Announcements/Requests for Future Agenda Items 7
7Adjournment
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
MAY 10, 2005
014975
The City Council of the City of Downey held a Regular Meeting at 7:38 p.m., May 10, 2005,
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
Meredith H. Perkins
Rick Trejo
David R. Gafin
Kirk O. Cartozian
Mayor
Mayor Pro Tem
ALSO PRESENT:Gerald M. Caton, City Manager
Charles S. Vose, City Attorney/Economic Development Director
Kathleen L. Midstokke, City Clerk
Lee Powell, Assistant City Manager
James Makshanoff, Deputy City Manager
Desi Alvarez, Director of Public Works
Roy Campos, Police Captain
Linda Haines, Director of Development Services
Bonnie Kehoe, Director of Community Services
John Michicoff, Director of Finance
Mark Sauter, Fire Chief
Ron LeVar, Building Official
Ed Velasco, Housing Manager
Susan Domen, Executive Secretary
PRESENTATIONS :
Council Member Cartozian presented Certificates of Re-Appointment to Diane Boggs,
Downey City Hospital Commission and Water Facilities Corporation; Mary Crawford, Library
Advisory Board; Guy Sterner, Parking Place Commission; and Roger Brossmer, Planning
Commission, for City Council District Five.
Mayor Bayer presented a Proclamation declaring May 14, 2005, Kidsday to Kathia Morales
and Matt Thomas, Kidsday spokesperson.
Mayor Bayer presented a Proclamation declaring the month of May as Older Americans
Month; and May 25, 2005 as Older Americans Day to Zaita Theiss.
Mayor Bayer presented a Proclamation declaring May 8th – 14th as Building Safety Week to
Ron LeVar, Building Official.
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Mayor Bayer presented a Proclamation declaring May 15tt1 – 21 st as National Public Works
Week to Ed Estrella9 Engineering Division; Gonzalo Garnica, Maintenance Services Division;
Danny Salas, Utilities Division of the Public Works Department.
Mayor Bayer presented Certificates of Appreciation to the Downey Galaxy Under 12 Boys
Soccer Team and Coach Herman Valencia – lst Place in 2005 Southern California Tri-Section
Games
PUBLIC HEARING:
1.5-YEAR CONSOLIDATED PLAN FOR THE COMMUNITY DEVELOPMENT
BLOCK GR\NT (CDBG) AND HOME INVESTMENT PARTNERSHIP GRANT
PROGRAMS: Development Services.
A. APPROVE THE 5-YEAR CONSOLIDATED PLAN FOR PROGRAM YEARS 2005
THROUGH 2010 AND AUTHORIZE THE CITY MANAGER TO SUBMIT THE
CONSOLIDATED PLAN WITH THE 2005-06 ACTION PLAN, HUD FORM SF-424,
AND THE GRANTEE CERTIFICATIONS TO THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD).
Mayor Bayer opened the Public Hearing at 7:59 p.m. City Clerk Midstokke affirmed
receipt of the Proof of Publication. It was moved by Mayor Pro Tem Perkins seconded by Council
Member Trejo and so ordered to receive and file.
Housing Manager Velasco presented a staff report explaining that the City is currently
preparing its Five Year Housing Plan that must be in place by July 1, 2005 as a requirement to
receive the Community Development Block Grant (CDBG) funds and the Home Investment
Partnership Entitlement grant funds from the U.S. Department of Housing and Urban Development
(HUD). During the process Public Hearings and Community meetings were held to assess the
housing and non-housing needs of various population groups in the community. He stated that there
are six major priorities covered in the plan; preserving existing housing stock and increasing the
number available; disabled persons housing needs; community facility renovations; improvements to
public infrastructure; support of public services; and, supporting retention and formation of new
businesses and jobs for low to moderate income families. He noted that thirteen requests for Public
Service grants were received totaling $341,000.
Mayor Pro Tem Perkins inquired how the ten homeless families are selected and what
services are provided. It was explained that at any given time they may have requests for funding and
are requesting to have funding available for up to ten families with the funds being distributed
through the Rio Hondo Temporary Home and the Salvation Army who provide the assistance.
Council Member Trejo asked if the housing loans go back into the General Fund for the City
when they are repaid and was informed that no, they must go back into the CDBG funds and made
available for other activities.
Council Member Cartozian wondered if CDBG funds could be used to support the G.O.O.D.
program and was informed that they had never submitted a request for funding and that it would have
to be researched further. He then inquired as to the concerns of the Federal Government halting these
City Council Minutes 05/10/05 l
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types of funds and how the City would fund these programs if this happened. Housing Manager
Velasco explained that HUD had given the direction to proceed as if the funding would be available.
Mayor Bayer inquired if the allocations for the dental services were duplicated and was
informed that there are two dental allocations because of different types of needs. One is for more
complicated dental work.
Lennie Whittington, resident of Downey, inquired if CDBG funds could be used to re-
implement a program that used to be done by the Police Department, where lodging vouchers were
given to homeless families.
It was moved by Mayor Pro Tem Perkins, seconded by Council Member Gafin and
unanimously carried to close the Public Hearing at 8:25 p.m.
There being no further discussion it was moved by Council Member Cartozian, seconded by
Mayor Pro Tem Perkins and unanimously carried to approve the 5-Year Consolidated Plan for
program years 2005 through 2010 and authorize the City Manager to submit the Consolidated
Plan with the 2005-06 Action Plan, HUD Form SF-424; and the Grantee Certifications to the
Department of Housing and Urban Development (HUD).
NON-AGENDA PUBLIC COMMENT:No one came forward to speak.
CONSENT CALENDAR – ITEMS FOR REMOVAL :
9.APPROVED APPROPRIATION OF 2004 STATE HOMELAND SECURITY GRANT
FUNDS IN THE AMOUNT OF $149,715 FOR THE PURCHASE OF PORTABLE
RADIOS AND SURVEILLANCE EQUIPMENT: Police Department. This item was
removed at the request of Council Member (3ann and is listed under Other Business below.
CONSENT CALENDAR:
It was moved by Council Member Cartozian, seconded by Mayor Pro Tem Perkins and
unanimously carried to approve the remainder of the Consent Calendar items as recommended:
2.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings April 26,
2005: City Clerk.
3.APPROVED WARRANTS ISSUED: Nos. 203881-204227; Wire Nos. 30001007-
30001014; in the total amount of $2,052,277.16: Finance.
4.CASH CONTRACT NO. S.S. 543 – AWARDED CONTRACT IN THE AMOUNT OF
$393,390 TO RANCO CORPORATION FOR MISCELLANEOUS CONCRETE
CONSTRUCTION AND REPAIR; AND APPROPRIATED $150,000 1N GAS TAX
FUNDS: Public Works.
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APPROVED AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH
UNDERGROUND ELECTRIC FACILITIES AND RELOCATION OF FACILITIES
AGREEMENT WITH SOUTHERN CALIFORNIA EDISON FOR LAKEWOOD
BOULEVARD IMPROVEMENT PROJECT – PHASE IB: Public Works.
6.AUTHORIZED CITY PARTICIPATION IN THE APPEAL OF THE DECISIONS OF
THE SUPERiOR COURT IN THE NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) MUNICIPAL SEPARATE STORM SEWER
SYSTEM PERMIT (MS4) LITIGATION: Public Works.
7.APPROVED AMENDED AGREEMENT WITH ALL CITY MANAGEMENT
SERVICES, INC., EXTENDING FOR ONE YEAR CITY CROSSING GUARD
SERVICES: Police Department.
8.APPROVED RENEWAL OF CITY’S VEHICLE TOWING AND STORAGE
AGREEMENTS WITH UNITED TOWING SERVICE, INC. AND DOUG’S TUG FOR
A THREE YEAR PERIOD ENDING JUNE 30, 2008: Police Department.
10.APPROVED REPORT ON ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING
FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDB(,) AND HOME
INVESTMENT PARTNERSHIP GRANTS: Development Services.
11.ADOPTED RESOLUTION NO. 05-6851, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF
PARCEL MAP NO. 26561 (8021-8043 SECOND STREET, 8036 THIRD STREET AND
11019 MYRTLE STREET), APPROVING AN AGREEMENT WITH THE
SUBDIVIDER AND ACCEPTING A CASH DEPOSIT AS SURETY: Public Works.
12.ADOPTED RESOLUTION NO. 05-6852, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DOWNEY APPROVING THE SUBMITTAL OF AN
APPLICATION FOR AN INTEGRATED REGIONAL WATER MANAGEMENT
PLANNING GRANT PURSUANT TO CHAPTER 8 OF THE WATER SECURITY.
CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002
(PROPOSITION 50): Public Works.
13.INTRODUCED ORDINANCE NO. . AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DOWNEY ADDING CHAPTER 10 TO ARTICLE II
OF THE DOWNEY MUNICIPAL CODE RELATING TO THE ESTABLISHMENT
OF A PROCEDURE FOR DEBARMENT OF CONTRACTORS FROM CITY
CONTRACTS: City Attorney.
14.ADOPTED ORDINANCE NO. 05-1172, AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY
MUNICIPAL CODE RELATING TO SPEED LIMITS FOR FLORENCE AVENUE:
Public Works.
City Council Minutes 05/10/05 -4-
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ADMINISTRATIVE REPORTS :
15.UPDATE ON DOWNEY REGIONAL MEDICAL CENTER MEDICAL OFFICE
BUILDING CONSTRUCTION: Development Services.
A. CONSIDER REQUEST FROM DOWNEY REGIONAL MEDICAL CENTER FOR
TEMPORARY OCCUPANCY PERMIT FOR TENANTS OF MEDICAL OFFICE
BUILDING LOCATED AT 11480 BROOKSHIRE AVENUE.
Council Member Trejo declared a conflict of interest as he is a part time employee of the
hospital and his employer may be relocating into the new building and then left the room.
Development Services Director Haines gave a Power Point presentation outlining the timeline
of the project with the hospital, the requirements that had to be met to move into the new building,
and the missed deadlines by the hospital since 2001.
Ron Kolar, Past President of the Hospital Board and current President-Elect for the Corporate
Board, stated that on behalf of the hospital he is apologizing for the premature request for the permit
and they respectfully withdraw said request. He then stated that he had brought along the
construction Project Manager to provide an update on the project.
Mayor Pro Tem Perkins expressed his concerns with the hospital’s previous lack of ability to
complete the construction phases on time and of granting a Temporary Occupancy Permit before the
requirements of demolishing the old building and installing the traffic signal were completed. He
stated that he felt the City had been working with the hospital in an expedient manner and that the
delays were not due on any part to City staff or requirements.
Jim Brooks, Schaffer Construction representative, provided a status update on the demolition
of the old building and the installation of the traffic signals with a completion date of July 19, 2005 .
He also provided copies of the Construction Schedule to the Council.
Bob Goldstein, resident of Downey, stated that he felt that no matter what happened in the
past, everyone needed to put it aside and get the project completed so the doctors could move into the
new Medical Office Building so the patients who have to go see them no longer have to be
inconvenienced by the small cramped conditions of the facilities they are currently located in.
Diane Boggs, resident of Downey, noted that she would like to see the issue resolved and
have the doctors in the new building also.
Lennie Whittington, resident of Downey, expressed that no one should get special favors and
the hospital needed to complete the requirements before the Occupancy Permit is issued.
Mario Guerra, resident of Downey, noted that the request that came from the hospital was
premature and restated that the hospital is withdrawing the request at this time.
Bob Winningham, former Council Member, mentioned that he agreed with the City’s points
on the project and suggested that the contractor work rapidly to resolve the issues so that the doctors
could move into the new building.
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Mayor Pro Tem Perkins presented a Power Point presentation explaining that he is a strong
supporter of the hospital attending many of their functions and almost all of the Board meetings. He
noted that at the hospital’s request, the City got involved in some of their issues and stressed that the
City’s only concerns are the Building and Safety Codes. Mayor Pro Tem Perkins concluded by
saying the hospital needed to get going and finish the project expeditiously. He requested his fellow
Council Members to not allow this item to pass until all requirements had been met.
Diane Boggs, resident of Downey, noted a point of order that since the hospital had
withdrawn their request, there would be nothing for the Council to approve or deny.
This item was concluded with no action taken.
The meeting recessed at 9:53 p.m.
The meeting reconvened at 9:58 p.m. with all Council Members present.
OTHER BUSINESS:
CONSENT CALENDER – ITEMS REMOVED BY COUNCIL APPROVAL:
9.APPROVED APPROPRIATION OF 2004 STATE HOMELAND SECURITY GR\NT
FUNDS IN THE AMOUNT OF $149,715 FOR THE PURCHASE OF PORTABLE
RADIOS AND SURVEILLANCE EQUIPMENT: Police Department.
Council Member Gafin expressed concerns over purchasing equipment of this type with grant
funds because of the on-going costs of maintenance on a vehicle that would have minimal use.
City Manager Caton explained the vehicle can be used for gang and drug surveillances of
which the City does approximately $1 million a year in seizures.
Captain Campos mentioned that the vehicle was to be purchased with these grant funds as all
levels of government are to be ready for any type of criminal activity that may arise. He noted that
the vehicle would provide both audio and visual surveillance in either a mobile or stationary
envIronment.
Council Member Gafin then asked if the Asset Forfeiture funds could be used to pay for the
maintenance on the vehicle and was informed that it may be possible.
Council Member Trej o inquired if other cities in the region have this type of vehicle and if the
City could contract the use of it to them and was informed that the Sherrif s department has an entire
fleet of them and the downside of contracting it to other cities is that when it is needed here> it may
not be available.
It was moved by Council Member Gafin, seconded by Council Member Trejo and
unanimously carried to approve the appropriation of $149,715 in Homeland Security Grant
funds to purchase portable radios and surveillance equipment.
City Council Minutes 05/10/05 -6-
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OTHER BUSINESS – Council Member Announcements or Requests for Future Agenda Items:
Council Member Gafin announced that there have been a lot of family/kids events recently
such as: Kidsday Awards Ceremony at the Downey Theatre; the Chamber of Commerce Street Faire;
and the upcoming Kidsday at Furman Park on Saturday at 10:00 a.m.; thanked Downey Regional
Medical Center Board representative Ron Kolar for appearing before the Council tonight and stated
that the Hospital and the City should not be adversarial.
Council Member Cartozian stated that he shares the same sentiment as Council Member Gafin
regarding the City/Hospital relationship and that the parties need to work and strive to serve the best
interests of the community as a whole.
Mayor Bayer invited everyone to Citizens for Downey tomorrow at 7:00 a.m. where the guest
speaker will be Downey Unified School District Superintendent Dr. Wendy Doty; and announced the
American Cancer Society Relay for Life at Columbus High School this Saturday from 9:00 a.m.
through 9:00 a.m. Sunday.
ADJOURNMENT: 10:12 p.m.
The meeting adjourned to 6:30 p.m., May 24, 2005, in the Council Chamber of Downey City
Hall
%g/?;M' %Mb
KATHLEEN L. MIDSTOKKE, City Clerk BAYER Mayor
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