HomeMy WebLinkAboutMinutes - 06-09-09 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
JUNE 9, 2009
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:30 p.m., June 9, 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:Gerald M. Caton, City Manager/Executive Director
Lee Powell, Assistant City Manager
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
Scott K. Pomrehn, Assistant Deputy City Manager
Other City Staff
PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None.
APPROVED CLOSED SESSION MINUTES: May 26, 2009.
It was moved by Council Member/Commissioner Brossmer, seconded by Council
Member/Commissioner Gafin, and carried, noting the abstention of Mayor Guerra, to approve.
RECESSED TO CLOSED SESSION:
Mayor/Chairperson Guerra announced the Council/Commission is ncessing to Closed
Session (6:31 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 Thad
Phillips re: property at 10429 Rives Avenue; negotiating party: Downey Family YMCA, John
Swift; under negotiations: terms of potential lease.
2. Government Code Section 54956.8 – Conference with real property negotiator Gerald
Caton 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.) 06/09/09 -1 -
RECONVENED:
The meeting reconvened in Open Session at 7:30 p.m. ®th all Council
Members/Commissioners present. There were no reportable actions.
ADJOURNMENT:
The meeting adjourned at 7:30 p.m.
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City Council/Community Dev. Comm. Minutes (adj.) 06/09/09 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JUNE 9, 2009
The City Council of the City of Downey held a Regular Meeting at 7:51 p.m., June 9, 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:Gerald M. Caton, City Manager
Edward W. Lee, City Attorney
Lee Powell, Assistant City Manager
Kathleen L. Midstokke, City Clerk
Desi Alvarez, Deputy City Manager/Special Projects
Gilbert Livas, Deputy City Manager/Community Development
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 Marquez commended Council Member Brossmer on the American Cancer
Society Relay for Life event last weekend at Downey Adult School.
Council Member Gafin congratulated Council Member Brossmer on the Relay for Life event;
stated he attended a ribbon cutting at the new Desert Reign Church, the annual Greek Festival, and
the 41 ;t Neighborhood Watch meeting last; he announced that Keep Downey Beautiful will be
hosting their annual Beautification awards ceremony; and noted that the Downey Unified School
District honored Police Chief Campos this evening.
Council Member Brossmer reported that the Cancer walk was successful and thanked the
Police Explorers, the Firemen’s Association and Public Works for their assistance; he attended the
annual Greek Festival, the Red Cross Hometown Heroes awards, where Mr. Yamosaki, a teacher at
Warren High School was honored; and requested the meeting also be adjourned in memory of
Marine Joshua Whittle who was a former student at Warren High School and graduate from
Columbus High School, who lost his life while serving in Afghanistan.
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Mayor Pro Tem Bayer recognized her commissioner Lee Ann Sears in the audience;
announced that Citizens for Downey will be meeting tomorrow at 7:30 a.m. and discussing the City
Library, and SEAACA’s annual Critter Run will be held on July 26th.
Mayor Guerra noted that Saturday was a beautiful day to celebrate community; he attended
the opening and luminaria ceremonies at the Relay for Life walk, the grand opening of Desert Reign
Church, and the annual Greek Festival; last week he participated in the True Lasting Connections
softball tournament that raised $2,500, a Green Task Force meeting, and toured some of the Fire
stations; he mentioned that Deputy City Manager Sauter reported to him that several sponsors have
committed to donations for the 4th of July celebration and they are in negotiations with Kaiser and
Coca-Cola for corporate sponsorships.
PRESENTATIONS:
Mayor Guerra presented the Mayor’s Diakonia (Servant) Award to Margarita and Jerry
Rogers.
Mayor Guerra presented a City tile to William Hunt for his service on the Water Board.
Mayor Guerra presented Certificates of Recognition to National Blind Bowling Group
“Journey for the Blind”.
Mayor Guerra presented a Proclamation declaring June 14, 2009 as Army Appreciation Day
in honor of the United States Army’s 234th Birthday.
The meeting recessed at: 8:34 p.m. and reconvened at: 8:52 p.m. with all Council Members
present
PUBLIC HEARINGS:
1.NEIGHBORHOOD STABILIZATION PROGRAM FUNDING REQUEST IN THE AMOUNT
OF $695,825: Community Development.
A. APPROVED JOINT USE AGREEMENT ESTABLISHING THE CITY OF PARAMOUNT
AS THE LEAD AGENCY FOR THE PURPOSES OF suBMii-riNG AN APPLICATION TO
THE STATE FOR PROGRAM FUNDS;
B. APPROVED THE CITY OF PARAMOUNT’S SUBRECIPIENT AGREEMENTS;
C. APPROVED THE ANTI-DISPLACEMENT AND RELOCATION PLAN; and
D. ADOPTED RESOLUTION NO. 09-7134, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY APPROVING AN APPLICATION FOR FUNDING AND THE
EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO WITH
THE STATE OF CALIFORNIA NEIGHBORHOOD STABILIZATION PROGRAM (NSP).
Mayor Guerra opened the Public Hearing at 8:52 p.m. City Clerk Midstokke affirmed
receipt of the Proof of Publication. It was moved by Council Member Brossmer, seconded by Council
Member Gafin and so ordered to receive and file.
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Housing Manager Velasco presented the staff report explaining that by approving the four
actions it will allow the City to receive $695,825 in funds. The City of Paramount will be the lead
agency. The City is considering the Verizon building demolition and is researching a second
property that would qualify.
Mark Niehouse, resident of Downey, asked if the 1 10 abandoned/vacant homes in Downey
are eligible for funding for demolition and was told that most of them are bank owned properties.
It was moved by Council Member Brossmer, seconded by Council Member Gafin and was
ordered by the Mayor to close the Public Hearing the time being 9:00 p.m.
It was moved by Council Member GaIn, seconded by Council Member Marquez and
unanimously carried to approve the Joint Use Agreement, the City of Paramount’s Subrecipient
agreements, the Anti-Displacement and Relocation plan; and to adopt the Resolution.
2. LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT NO. 121: Public Works.
A. ADOPT RESOLUTION NO. 09- . A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY CONFIRMING THE 2009/2010 FISCAL YEAR ASSESSMENT
FOR LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT NO. 121.
Mayor Guerra opened the Public Hearing at 9:00 p.m. City Clerk Midstokke affirmed
receipt of the Proof of Publication. It was moved by Council Member Brossmer, seconded by Council
Member Gafin and so ordered to receive and file.
Mayor Guerra noted that the Public Hearing will be continued to the June 23, 2009 meeting.
There were no speakers that came forward.
NON-AGENDA PUBLIC COMMENT:
Lee Ann Sears, resident of Downey, thanked the Police Department Explorers and officers,
the Fire Department, and City staff for their participation in the Relay for Life Cancer Walk. She
announced that $76,547.13 had been raised to date and thanked the Firemen’s Association for the
additional $500 donation made this evening.
Harold Tseklenis, resident of Downey, thanked the Police, Fire and Planning departments for
their efforts in providing a safe environment at the Greek Festival.
The following people spoke in regards to the Avenue Theatre:
Carl Johnson Jared Head Mark Niehouse
Mayor Guerra responded that a firm was hired this evening that will be providing the public
meetings for discussion on the Avenue Theatre project. He also noted that it would cost millions to
completely retrofit the building.
City Manager Caton noted that in 1994 the businesses in downtown faced retrofitting and the
City paid for minimal retrofitting to keep the Theatre open. Since it has been closed for several
years, it would have to conform with new Codes.
Larry Latimer, resident of Downey, stated that he hopes a compromise that meets
everyone’s expectations can be reached on the Avenue Theatre and requested the old Ball mansion
property be looked at for property maintenance issues.
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CONSENT ITEMS REMOVED:
8.CONTRACT WITH PYRO-SPECTACULARS FOR A FIREWORKS DISPLAY
IN THE AMOUNT OF $30,000, FOR THE DISCOVERY SPORTS COMPLEX
GRAND OPENING CELEBRATION ON JULY 4TH, 2009: Administration. This item was
removed at the request of Mayor Pro Tem Bayer and is listed under Other Business below.
CONSENT CALENDAR:
It was moved by Council Member Gafin, seconded by Council Member Brossrner, and
unanimously carried to approve the remainder of the Consent Calendar items as recommended:
3.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings May 26, 2009:
City Clerk.
4.APPROVED WARRANTS ISSUED: Warrant Nos. 241138 – 241439; Wire Nos. 455 – 459
and 30001916-30001924; in the total amount of $ 3,185,228.16: Finance.
5.APPROVED USE OF THE SHOW MOBILE BY THE DOWNEY POLICE AND FIRE
FOUNDATION FOR A CAR SHOW AT DOWNEY HIGH SCHOOL ON JUNE 28, 2009:
Community Services.
6.APPROVED PAYMENT TO DOWNEY UNIFIED SCHOOL DISTRICT FOR CLASSROOM
RENTALS AT RIO SAN GABRIEL AND GALLATIN ELEMENTARY SCHOOLS AND
APPROPRIATE $103,884: Administration.
7.VEHICLE PARKING DISTRICT NO. 1 – DOWNTOWN DOWNEY: Public Works
A. ADOPTED RESOLUTION NO. 09-7135, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY DECLARING ITS INTENTION TO ADOPT AN ORDINANCE
DISSOLVING VEHICLE PARKING DISTRICT NO. 1 ;
B. SET A PUBLIC HEARING FOR JULY 14, 2009 TO CONSIDER THE ADOPTION OF
AN ORDINANCE DISSOLVING VEHICLE PARKING DISTRICT NO. 1.
9.ADOPTED ORDINANCE NO. 09-1244, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN
THE CITY COUNCIL OF THE CITY OF DOWNEY AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT
SYSTEM: Administration.
ADMINISTRATIVE REPORTS:
10 ADOPT RESOLUTION NO. 09- . A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY DIRECTING THE PLANNING COMMISSION TO INITIATE A
STUDY OF MUNICIPAL CODE SECTION 9410.12(B) WITH REGARDS TO NON-
CONFORMING PARKING IN THE R-1 ZONE: Community Development.
Senior Planner Blumenthal presented a Power Point presentation explaining that a greater
than 50% increase in the square footage of a home requires the addition of a garaged parking
space. On an 1,000 square foot home the requirement is applicable at 500 square foot addition and
on a 2,000 square foot home it would be brought in at an 1,000 square foot addition. Staff is
recommending that it be reviewed by the Planning Commission.
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Council Member Marquez noted that he requested this item to be looked at because not all
houses or lots are the same and applying the 50% rule across the City is too restrictive on smaller
lots
Council Member Gafin stated that there is an on-street parking problem within the City and 2-
3 years ago an Ordinance was created to allow for extra driveway space on the smaller lots. He
feels this is proposing to reverse that decision and would increase the on-street parking problem by
increasing the living spaces of the homes without providing additional parking when necessary.
Council Member Marquez stated he is just looking at what is feasible for the size of the home
and he would like it reviewed to determine if it is the best manner for addressing the issue.
City Manager Caton suggested a study session with the Planning Commission and Mayor
Guerra noted his disagreement with a joint meeting.
It was moved by Council Member Gafin, seconded by Mayor Pro Tem Bayer and carried,
noting the dissent of Mayor Guerra, to conduct a joint study session with the Planning
Commission to review.
11.SIGN REGULATIONS – PUBLIC PROPERTY: City Attorney.
A. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 4118 OF CHAPTER 1, ARTICLE IV OF THE DOWNEY MUNICIPAL
CODE; and
B. ADOPTED RESOLUTION NO. 09-7136, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY AMENDING THE ADMINISTRATIVE FINE SCHEDULE FOR
VIOLATIONS OF THE DOWNEY MUNICIPAL CODE.
City Attorney Lee presented the staff report noting that the current public property sign
regulations do not discourage offenders or properly fine them and the new regulations will subject
this to the same process as the Administration Citation and set fines.
It was moved by Council Member Brossmer, seconded by Council Member Gafin and
unanimously carried to introduce the Ordinance and adopt the Resolution.
OTHER BUSINESS:\U
CONSENT ITEMS REMOVED:
8.APPROVED CONTRACT WITH PYRO-SPECTACULARS FOR A FIREWORKS DISPLAY
IN THE AMOUNT OF $30,000, FOR THE DISCOVERY SPORTS COMPLEX
GRAND OPENING CELEBRATION ON JULY 4TH, 2009: Administration.
Mayor Pro Tem Bayer noted asked for clarification that this is part of the funding that was
previously approved and was told yes. She then asked if there is an accounting of how much has
been raised or is expected to be raised and was told that $4,000 has been committed with other
pledges that are unknown at this time. She explained that she is against spending the money before
knowing how much can be raised, and asked if there will be proper restroom facilities to
accommodate the expected attendees. It was explained that the event is being handled like Kid’s
Day and portable bathrooms will be rented.
City Council Minutes 06/09/09 -5-
It was moved by Council Member Brossmer, seconded by Council Member Gafin and
carried, noting the dissent of Mayor Pro Tem Bayer, to approve the contract.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND
CONFERENCE/MEETING REPORTS:
Council Member Gafin requested an update on the registration and monitoring of the
abandoned and vacant homes.
Mayor Pro Tem Bayer thanked the Police Department for the removal of a bus that was
parked on 6th Street for quite some time.
Council Member Marquez noted that all the neighborhoods in Downey are beautiful and that
the construction at the former Johnie’s Broiler site is moving along quickly.
Mayor Guerra mentioned that he is willing to talk with anyone regarding the Avenue Theatre
project and Paul Granata (owner of Granata’s restaurant) and the Assistance League (property
tenant) are happy with the plans for the Downtown area.
STAFF COMMENTS: None.
ADJOURNMENT:
The meeting adjourned at 10:07 p.m. to 6:30 p.m., June 23, 2009, in memory of Janette
(Jan) Miller, longtime Downey resident; Marine Lance Cpl. Joshua Whittle, Downey resident and
student of Warren High School who died in the line of duty in Afghanistan; and the anniversary of
Mayor Guerra’s family members who perished in a plane crash.
c&4442 X /a ./eX
//,/.MARIO A. GUERRA, MayorKATHLEEN L. MIDSTOKKE, City Clerk
City Council Minutes 06/09/09