HomeMy WebLinkAboutMinutes - 03-24-09 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
MARCH 24, 2009
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:32 p.m., Mbrch 24, 2009, in the Council Chamberof the Downey
City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairperson Mario A. Guerra
presiding
PRESENT: Council Members/Commissioners:
Mario A. Guerra
Anne M. Bayer
Luis H. Marquez
Roger C. Brossmer
David R. Gafin
Mayor/Chairperson
Mayor Pro Tem/Vice-Chairperson
ALSO PRESENT:Lee Powell, Acting City Manager/Executive Director
Edward W. Lee, City Attorney/Agency Counsel
Kathleen L. Midstokke, City Clerk/Secretary
Desi Alvarez, Deputy City Manager/Special Projects
Gilbert Livas, Deputy City Manager/Community Development
Mark Sauter, Deputy City Manager/Emergency Services
Scott K. Pomrehn, Assistant Deputy City Manager
Other City Staff
PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS:None.
APPROVED CLOSED SESSION MINUTES: March 10, 2009.
It was moved by Council Member/Commissioner Brossmer, seconded by Council
Member/Commissioner Gafin, and unanimously carried to approve.
RECESSED TO CLOSED SESSION:
Mayor/Chairperson Guerra announced the Council/Commission is recessing to Closed
Session (6:32 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 Gilbert Livas
re: 11022 Downey Avenue (formerly Avenue Theatre) and 8314 2-d Street (formerly Verizon);
negotiating party: National Community Renaissance – Alfredo lzmajtovich; under negotiation:
price and terms of payment.
2. Government Code Section 54956.8 – Conference with real property negotiator Desi Alvarez
re: 315 Cool Springs Boulevard, Franklin, Tennessee; negotiating party: Mars Petcare US,
Inc.; under negotiation: price and terms of payment.
City Council/Community Dev. Comm. Minutes (adj.) 03/24/09 -1 -
3. Government Code Section 54956.8 – Conference with real property negotiator Gilbert Livas
re: 10700 Studebaker Road and 11146 Florence Avenue; negotiating party: Casa De
Gonzales – Bryan Gonzales; under negotiation: price and terms of payment.
RECONVENED:
The meeting reconvened in Open Session at 7:28 p.m. Qth all Council
Members/Commissioners present. There were no Closed Session actions to report.
ADJOURNMENT:
The meeting adjourned at 7:29 p.m.
-Z
KATHLEEN L. MIDSTOKKE, City Clerk/Secretary W\RIO A. GUERRA, Mbyor/Chairperson
City Council/Community Dev. Comm. Minutes (adj.) 03/24/09 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
MARCH 24, 2009
The City Council of the City of Downey held a Regular Meeting at 7:34 p.m., March 24, 2009,
in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California,
Mayor Mario A. Guerra presiding.
PRESENT:Council Members:
Mario A. Guerra
Anne M. Bayer
Luis H. Marquez
Roger C. Brossmer
David R. Gafin
Mayor
Mayor Pro Tem
ALSO PRESENT:Lee Powell, Acting City Manager
Edward W. Lee, City Attorney
Kathleen L. Midstokke, City Clerk
Desi Alvarez, Deputy City Manager/Special Projects
Gilbert Livas, Deputy City Manager/Community Development
Mark Sauter, Deputy City Manager/Emergency Services
Scott K. Pomrehn, Assistant Deputy City Manager
Roy Campos, Police Chief
John Michicoff, Finance Director
Thad Phillips, Community Services Director
Brian Ragland, Public Works Director
Jeff Turner, Fire Chief
Susan Domen, Deputy City Clerk
Other Staff
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND
CONFERENCE/MEETING REPORTS:
Council Member Brossmer mentioned that the Downey Unified School District administration
meets once a month with the Police Department which is beneficial to both the school district and
the community; announced that he attended the goals setting meeting; the State of the City address
by the Mayor; the Learning Center and Website subcommittee meetings; noted his excitement about
the ARC Walk this Saturday; mentioned the Habitat for Humanity groundbreaking will be on
Saturday; recognized School Board Members Swenson and Corrin in the audience; and noted that
there are some solar options for the security lighting being installed at Treasure Island park.
Mayor Pro Tem Bayer recognized her Commissioner, Lee Ann Sears, and her mother in the
audience and wished everyone a blessed Easter.
Council Member Marquez commended the Mayor on the State of the City address; noted he
will be attending the Arc Walk; explained that the Habitat for Humanity house will go to a resident or
employee within the City and the deadline to apply is April; recognized Carlos Illingworth, Field
Deputy for Assembly Member Calderon in the audience; and mentioned that March 31 ;t is a State
holiday in honor of Caesar Chavez and that the State offices will be closed.
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Council Member Gafin congratulated the Mayor on the State of the City address; noted he
had attended the annual Miss Downey/Miss Teen Downey pageant; and recognized Chamber of
Commerce president Rick Rodriguez in the audience.
Mayor Guerra noted he attended two Neighborhood Watch meetings; the Miss Downey/Miss
Teen Downey pageant; the planning session with staff; will be attending the Arc Walk on Saturday,
the Habitat for Humanity groundbreaking, the Gauldin Elementary School clean-up party and the
Assisteens Ball; noted he had lunch at the Arc facilities today and what a great job they do;
mentioned that the meeting will be adjourning in memory of the 4 Oakland Police Officers that were
recently killed in the line of duty; announced that the Coca-Cola bottling plant will be doing a
$100,000,000 expansion in 2010-2011 ; and asked everyone to support American Idol contestant
Allison Iraheta, a 16 year old resident of Downey.
PRESENTATIONS:
Mayor Guerra presented the Mayor’s Diakonia (servant) Award to Martha Sodetani for her
service to our citizens.
Mayor Guerra presented a Proclamation declaring March 28, 2009 as Arc Walk for
Independence Day.
Mayor Guerra presented a Certificate of Recognition to Ahmed Husain, Senior Civil
Engineer/GIS re: awards received for Online Service Requests and Geographic Information
Systems.
Council Member Gafin presented a Certificate of Appointment for Council District 1 to
Dorothy Van Zuilen, Emergency Preparedness Committee.
NON-AGENDA PUBLIC COMMENT:
Lee Ann Sears, resident of Downey, invited everyone to participate in the American Cancer
Society 24 Hour Relay for Life Walk kick off meeting on April 1 st at the Barbara J. Riley Center at 6
p.m. and announced that the walk will be held on June 6th & 7th at Downey Adult School.
Larry Lattimer, resident of Downey, thanked the City for doing a great job on the Space
Science Learning Center; complimented Executive Director Betthauser for his efforts; and noted that
he hoped there will be a historical component highlighting the men and women that previously
worked at the site.
John Lacey, resident of Downey, noted that many communities are seeking federal stimulus
dollars, while others are offering their own stimulus programs to assist auto dealerships and local
businesses, and suggested that Downey help businesses.
WRll-rEN COMMUNICATIONS:
1. Email from William and Marlene Griffin re: 7803 Puritan Street and request for waiver or
deferral of installation of fire sprinkler system and Cultec Recharger 330 system (in
regards to residential construction).
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City Attorney Lee explained that the Clean Water Act applies to new/remodel construction
projects and if the City were to defer this item, it could subject the City to potential litigation.
Council Member Brossmer asked if this would a precedence for future cases and how many
homes have complied already. City Attorney Lee responded that yes, it could set a precedence, and
that approximately 700 homes have installed the Cultec system to date.
Mr. and Mrs. Griffin stated that they needed more time to allow them to finish the home and
get the money to pay for these items. They noted that other cities do not have these storm water
runoff requirements and that they feel the City is putting the burden of compliance with the Clean
Water Act on the residents, rather than on the City.
Mayor Guerra questioned what the equivalent options are and City Attorney Lee responded
that the Griffin’s should speak with staff regarding applicable alternatives. Mayor Guerra polled the
Council, and all agreed, to direct the Griffins to speak with staff for alternatives to the Cultec.
City Attorney Lee continued that in regards to the fire sprinkler system, it is a life and safety
issue and he could not recommend a waiver, but a deferral could be considered. He explained that
the City could ensure the completion using a bond or an improvement agreement that would grant
the City the right to complete the work if necessary and put a lien on the house for the cost.
Council Member Gafin asked for legal clarification on the deferral of the sprinkler system and
the potential liability issues and was told that the City would insist on a hold harmless clause in the
agreement and the typical immunities that exist with the issuance of building permits would cover
neighboring properties.
Council Member Brossmer questioned the time frame of the deferral and was told 18 to 24
months had been discussed. He then asked if the City installs the water mains and was told no, that
the owner can pay the City or hire their own contractor. He questioned if the City could do the work
now and put a lien on the property. City Attorney Lee suggested that the City require proof that the
homeowners have financial hardships, as this could set a precedence in regards to other properties.
Council Member Marquez noted that the applicant will install the sprinklers now, he is just
asking for additional time to install the new water main.
It was moved by Mayor Guerra, seconded by Council Member Marquez and failed to carry,
noting the dissention of Mayor Pro Tem Bayer and Council Members Brossmer and Gafin, to defer
the installation of a new water main for the sprinkler system for a period of 18 months and if there is
no compliance, the City will reserve the right to lien the property and complete the work themselves.
Dan Cristea, resident of Downey, expressed that he understands the legal and safety
concerns of the City; however, when the City needs assistance they get funding from the Federal
government, but the average citizen who runs into a difficult situation cannot get any relief.
The meeting recessed at 9:05 p.m. and reconvened at 9:13 p.m. with all Council Members
present
CONSENT ITEMS REMOVED:
3.SOLID WASTE DISPOSAL - APPROVE FIRST AMENDMENT TO SOLID WASTE
HANDLING AGREEMENT WITH CALMET SERVICES, INC.: Administration. This item
was removed at the request of Mayor Guerra and is listed under Other Business below.
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6.APPROVE A RESTRICTIVE USE AGREEMENT WITH FRESH & EASY NEIGHBORHOOD
MARKET, INC. FOR THE CITY-OWNED PARKING LOT AT 8356 FIRESTONE
BOULEVARD: Community Development. This item was continued to April 14, 2008.
9 ADOPT RESOLUTION NO. 09- . A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE SALE OF A SMALL HOUSING PROJECT BY THE
DOWNEY COMMUNITY DEVELOPMENT COMMISSION. AND THAT CERTAIN
AGREEMENT ENTITLED “DISPOSITION AND DEVELOPMENT AGREEMENT” BY AND
BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
DOWNEY AND HABITAT FOR HUMANITY OF GREATER LOS ANGELES FOR THE
REDEVELOPMENT OF PROPERTY LOCATED AT 12812 BLODGEI-r AVENUE:
Community Development. This item was removed at the request of Mayor Guerra and is
listed under Other Business below.
CONSENT CALENDAR:
It was moved by Council Member Gafin, seconded by Mayor Pro Tem Bayer, and
unanimously carried to approve the remainder of the Consent Calendar items as recommended:
1.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings March 10, 2009:
City Clerk.
2.APPROVED WARRANTS ISSUED: Warrant Nos. 239055 – 239530; Wire Nos. 434 – 436
and 30001871-30001879; in the total amount of $3,999,949.43: Finance.
4.APPROPRIATED $5,000 FROM SB 2766 AQMD FUND FOR THE ASSESSMENT FROM
GATEWAY CITIES COUNCIL OF GOVERNMENT FOR A SPECIAL STUDY RELATED TO
SB 375 (TRANSPORTATION PLANNING): Administration.
5.APPROVED CHAMBER OF COMMERCE STREET FAIRE PERMIT FOR MAY 2. 2009:
Administration.
7.CASH CONTRACT NO. S.S. 571 – CITYWIDE RESIDENTIAL STREET PAVEMENT
REHABILITATION: APPROVED PLANS AND SPECIFICATIONS AND GRANTED
AUTHORITY TO ADVERTISE FOR BIDS: Public Works.
8.LAKEWOOD BOULEVARD IMPROVEMENT PROJECT PHASE 3A: APPROVED
AGREEMENT WITH KFM ENGINEERING, INC. FOR PREPARATION OF PLANS.
SPECIFICATIONS AND ENGINEER’S ESTIMATE FOR LAKEWOOD BOULEVARD
IMPROVEMENT PROJECT – PHASE 3A BETWEEN 5TH STREET/CECILIA STREET AND
FLORENCE AVENUE IN THE AMOUNT OF $161,000: Public Works.
ADMINISTRATIVE REPORTS:
10.PROPOSED BUDGET AND STAFFING FOR THE COLUMBIA MEMORIAL SPACE
SCIENCE LEARNING CENTER: Administration.
A. APPROPRIATED $1,741,062 FROM THE LEARNING CENTER FUND; AND
B. ADOPTED RESOLUTION NO. 09-7120, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY ADOPTING CLASS SPECIFICATIONS AND SALARY RANGES
FOR SPECIAL PROGRAM COORDINATOR AND CENTER SUPERVISOR.
City Council Minutes 03/24/09 -4-
Acting City Manager Powell explained that this item is before the Council tonight, instead of
part of the normal budget process, to allow the Center to open this summer.
Executive Director Betthauser explained that the $1,741,062 budget is broken down as
follows: $822, 212 for center operations; $178,850 for building maintenance; and $740,000 for
capital outlay for equipment and building improvements. He noted that the center has an August 1 ,
2009, opening; however, several things need to occur first. The new positions will be a Special
Program Coordinator in charge of education programs; a center Supervisor in charge of operations
and educational program assistance; an Administrative Assistant position that will provide clerical
assistance to staff; a part-time cashier; a part-time specialist; and a part-time maintenance worker.
This budget also covers the Executive Director salary and half of the Assistant Deputy City Manager
salary. He continued by outlining that the funding is from: General Fund $766,062, NASA Grant
$700,000, other Grants $200,000, and Admissions/Membership Fees $75,000. He concluded that
the proposed budget will allow for the center to operate 5 days per week and complete the
implementation of the exhibits, labs and simulators.
Mayor Guerra noted that he only saw one map in the budget and wants to emphasize the
history of the site throughout the center; questioned why there was not an advertising budget; stated
he wanted to ensure that the trash bins will be hidden from view and that proper signage is installed
as well as incorporating more green building elements. Staff responded that the other historical
elements have already been produced; the advertising is spread throughout the budget and the
carpeting is the greenest product available for flooring.
Council Member Gafin thanked Council Member Brossmer for working on the subcommittee
with him and noted the purpose of a subcommittee is so staff receives direction from Council. He
noted that the subcommittee had requested the removal of $40,000 of the Assistant Deputy City
Manager’s salary from this budget and the funds transferred to the security system.
Mayor Guerra noted his appreciation for the work the subcommittee does; however he would
like questions answered prior to the item being placed on an agenda for a vote.
City Attorney Lee clarified that any Council Member may ask questions of staff on any item
but cautioned against the relaying of discussions from the subcommittee meetings turning into serial
meetings and potential Brown Act violations.
Council Member Marquez thanked staff for the report; asked what the status of the
Foundation is; and encouraged staff to aggressively pursue grants. Director Betthauser responded
that the Foundation will become more active.
It was moved by Council Member Brossmer, seconded by Council Member Gafin and
unanimously carried to approve the budget and transfer $40,000 from the Assistant Deputy to
the City Manager’s salary to the security system and adopt the Resolution.
OTHER BUSINESS:
CONSENT ITEMS REMOVED:
3.SOLID WASTE DISPOSAL - APPROVED FIRST AMENDMENT TO SOLID WASTE
HANDLING AGREEMENT WITH CALMET SERVICES, INC.: Administration.
Acting City Manager Powell explained that item arose to resolve contract issues. He noted
that a consultant had been hired by the City, along with the work of a subcommittee and the
following amendments are being proposed: a rate adjustment of 7%, effective April 1 ;t; a new annual
rate adjustment formula; a financial review to be completed in 2012; bin service roll-out charges for
City Council Minutes 03/24/09 -5-
bins moved more than 10 feet; extended contract for 3 years; hazardous waste/e-waste
requirements are deleted; Section 4.10 regarding special funded program for promotions was
deleted; CALMET to reimburse the City $85,000 for contract review costs; provisional credits issued
for disputed items through March 31, 2009 shall become permanent; and locking service will be
provided to customers on request.
Council Member Gafin asked if all bins are supposed to be in enclosures and why not just
add $5 to the service fee instead of having a separate line item. Staff responded that new
construction requires bin enclosures and not everyone has to have their bin rolled out, therefore
shouldn’t be charged.
Mayor Guerra questioned how the 7% increase for residential rates was determined and was
told that it was through the financial review of CALMET and negotiation process.
It was moved by Mayor Guerra, seconded by Council Marquez and unanimously carried to
approve the First amendment to the agreement.
Prior to the vote, Council Member Brossmer noted that CALMET had shown severe losses to
the subcommittee and they will be monitored for adjustments if necessary.
The Community Development Commission was reconvened at 10:10 p.m. with all
Commissioners present, for a joint Public Hearing with the City Council to review the following item:
JOINT PUBLIC HEARING:
DISPOSITION AND DEVELOPMENT AGREEMENT WITH HABITAT FOR HUMANITY OF
GREATER LOS ANGELES RE: 12812 BLODGETT AVENUE.
The Public Hearing was opened at 10:11 p.m. City Clerk/Secretary Midstokke affirmed
receipt of Proof of Publication. It was moved by Council Member/Commissioner Gafin, seconded by
Council Member /Commissioner Marquez and so ordered to receive/file the proof of publication.
Housing Manager Velasco explained that the Council/Commission will sell the property to
Habitat for Humanity (Habitat) for $90,000 (which is the purchase price the Commission paid) and
provide Habitat with a Commission loan for the same amount, which will carry a zero percent
interest rate; Habitat will build a 1,450 square-foot, single-family home with 4 bedrooms, 2
bathrooms and a 2 car garage; Habitat will seek Leadership on Energy and Environmental Design
(LEED) Silver rating for the project; the Commission will pay the escrow charges; repayment of the
loan will be subject to future resale and availability of sales proceeds; this will require the recording
of a property regulatory agreement and restrictive covenants for a minimum of 45 years; Habitat will
have to obtain all development approvals & permits and complete construction by December 31,
2009; and Habitat will require the selected family to work a minimum of 500 volunteer hours towards
a Habitat project.
There being no one coming forward to speak, it was moved by Council
Member/Commissioner Brossmer, seconded by Council Member/Commissioner Gafin and so
ordered to close the Public Hearing, the time being 10:20 p.m.
It was moved by Council Member/Commissioner Brossmer, seconded by Council
Member/Commissioner Marquez and unanimously carried to adopt the City Council Resolution.
City Council Minutes 03/24/09 -6-
9.ADOPTED RESOLUTION NO. 09-7119. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE SALE OF A SMALL HOUSING PROJECT BY THE
DOWNEY COMMUNITY DEVELOPMENT COMMISSION, AND THAT CERTAIN
AGREEMENT ENTITLED “DISPOSITION AND DEVELOPMENT AGREEMENT” BY AND
BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
DOWNEY AND HABITAT FOR HUMANITY OF GREATER LOS ANGELES FOR THE
REDEVELOPMENT OF PROPERTY LOCATED AT 12812 BLODGETr AVENUE.
It was moved by Council Member/Commissioner Gafin, seconded by Council Member
/Cornrnissioner Marquez and unanimously carried to adopt the Community Development
Commission Resolution.
1.ADOPTED RESOLUTION NO. 09-279, A RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY APPROVING THAT
CERTAIN AGREEMENT ENTITLED DISPOSITION AND DEVELOPMENT AGREEMENT
BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
DOWNEY AND HABITAT FOR HUMANITY OF GREATER LOS ANGELES FOR THE
REDEVELOPMENT OF PROPERTY LOCATED AT 12812 BLODGETr AVENUE.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND
CONFERENCE/MEETING REPORTS:
Mayor Guerra requested the Police Department to look into the towing service contract since
the year to review the Request for Proposal process has passed.
ADJOURNMENT:
The meeting adjourned at 10:23 p.m. to 6:30 p.m., March 31, 2009 in memory of Socheata
“Sochi“ Phann, former Downey High School graduate and Oakland Police Officers: Sergeant
Mark Dunakin, Sergeant Emin Romans, Sergeant Daniel Sakai and Officer John Hege who
were killed in the line of duty.
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KATHLEEN L. MIDSTOKKE, City Clerk MARIO A. GUERRA, Mayor
City Council Minutes 03/24/09