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HomeMy WebLinkAboutMinutes - 02-10-09 - Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING FEBRUARY 10, 2009 The City Council of the City of Downey held a Regular Meeting at 7:32 p.m., February 10, 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 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 Joyce Doyle, Chief Deputy City Clerk Other Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Council Member Brossmer reported he recently attended the Independent Cities Association Conference in Santa Barbara where the subject was “Graffiti Technology and Youth, What’s the Connection?” He requested a report back from staff on how security lighting can be installed at Treasurer Island Park. Council Member Marquez reported that yesterday the City hosted the YMCA Youth in Government Downey-South Gate Chapter, and both he and Mayor Guerra were in attendance along with students from local high schools. He mentioned the students would be going to Sacramento later in the week and feels this is a great program on parliamentary procedures. He stated he recently visited all the Fire Stations in the City with the Fire Chief and mentioned a resident from Brea came into one of the stations to thank the fire fighters for their assistance with the recent Brea- Yorba Linda fires; noted he also attended the Independent Cities Association Conference in Santa Barbara and said Downey was recognized for their efforts in combating gangs and graffiti along with the School District; and he also requested that along with security lighting for Treasure Island Park that staff report back on the possibility of locking the gate at the park nightly. City Council Minutes 02/10/09 -1- Council Member Gafin announced the Downey Rose Float Association would be holding their annual installation dinner at 6:00 p.m. on February 21, 2009 at the Barbara J. Riley Community Center and said anyone wishing to attend should contact the Rose Float Association. Mayor Pro Tem Bayer announced Citizens for Downey Meeting tomorrow morning at 7:15 a.m.; and mentioned the Chamber of Commerce mixer will be at 5:30 p.m. on February 12, 2009 at the Downey Federal Credit Union. Mayor Guerra also noted his attendance at the Independent Cities Association Conference in Santa Barbara which included the Amer-1-Can program with speaker Jim Brown, and mentioned how other cities commented on how progressive Downey is and how the Downey Police Department looked into the program to see how it could benefit the City; announced he attended the Southern California Association of Governments last week, where several regional transportation issues were discussed; mentioned the U.S .Government is preparing for the U.S. Census starting next year and how important it is to have all the residents counted; announced the ARC Walk will be held March 28th this year; and mentioned the Youth in Government program that Council Member Marquez commented on earlier. PRESENTATIONS: Girl Scout Troop 324 members Bonnie Shilling, Kirsty Brito, Megan Collier and Marissa Santana made a presentation on the steps involved in earning the Girl Scout Silver Award and acknowledged Keep Downey Beautiful Coordinator Carol Rowland. Mayor Guerra presented a Certificate of Appreciation to Girl Scout Troop 324 for their volunteer services with the Keep Downey Beautiful program. Mayor Guerra presented a Proclamation declaring February 2009, as American Heart Month to Stella Villalobos, volunteer with the American Heart Association and Downey resident, Police Chief Campos announced recent Police Department promotions and introduced Sergeant Daniel Samano and Senior Forensic Specialist Ted Hiler Council Member Brossmer presented a Certificate of Reappointment to Roy Beard, Emergency Preparedness Committee, District Three. Mayor Pro Tem Bayer presented a Certificate of Reappointment to Dwight Simpson, City Hospital Commission, District Four. Council Member Marquez presented a Certificate of Appointment to Andy Doyle, Emergency Preparedness Committee, District Five. PUBLIC HEARINGS: 1.RECEIVED PUBLIC COMMENT ON THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP GRANT PROGRAMS FOR FISCAL YEAR 2009-2010: Economic Development. Mayor Guerra opened the Public Hearing at 8:01 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Brossrner, seconded by Council Member Gafin and so ordered to receive and file. City Council Minutes 02/10/09 -2- Housing Manager Velasco presented a Power Point presentation explaining the purpose of the public hearing tonight is to receive public comment on the programs and give those persons interested the opportunity to provide feedback to the City as the annual application is prepared for the funds. He stated the City is expected to receive $1,484,754 in Community Development Block Grant (CDBG) funds and $712,852 in HOME funds, for a total of $2,197,606 from the U.S. Department of Housing and Urban Development (HUD). He noted the funds are available to the City for a variety of uses but come with several restrictions and must be used on activities and programs that principally benefit low and moderate income residents. He further explained that eligible uses for the funds are affordable housing both new and existing housing, homeless activities, homebuyer program and Code Enforcement. Mayor Guerra said he receives many letters commending the services provided by these funds, especially for seniors, such as the house painting and repair programs. David Littlehales, Executive Director of Rio Hondo Temporary Home in Norwalk, thanked the Council and the Community Development Department for almost two decades of involvement with the center. He noted that for this fiscal year the center has provided Downey residents 2,103 nights of care and are projecting 3,600 nights of care which represents five families, nineteen individuals. Kevin MacDonald, Executive Director of ARC of Southeast Los Angeles County, thanked Housing Manager Velasco for all his work on the program and asked that the Council keep ARC in mind for future CDBG funding for people with intellectual disabilities. He noted that the unemployment rate is 75% for people with intellectual disabilities. It was moved by Council Member Gafin, seconded by Council Member Brossmer and so ordered to close the Public Hearing, the time being 8:16 p.m.f Council Member Marquez asked that Economic Development look into funding for improvement projects on the Imperial Highway corridor. Mayor Guerra asked to see ways CDBG funds have been used in the past year and how the money was spent before the next public hearing. NON-AGENDA PUBLIC COMMENT: Trisha Zolindo (sp.), resident of Downey, commented on the strong suspicious odor on the west side of the City in the areas of Firestone Boulevard, Old River School Road, Stewart & Gray Road and Milta Avenue. She believes the odor comes from three companies located in the City of South Gate and asked that she be included in any meetings on this issue. City Manager baton said he would meet with her after the meeting to address her concerns. Tony Tinajaera, resident of Downey, gave the City Clerk copies of a letter to distribute to the Council, regarding what he felt was inappropriate clothing worn by a high school girl at the Library recently Yvonne Morton, Whittier resident, invited everyone to attend a comedy-variety show fundraising event on Saturday, March 28th for the Rio Hondo Temporary Home. Maria ( unknown last name), resident of Downey, spoke in support of earlier speaker on poor air quality on west side of City. City Council Minutes 02/10/09 -3- CONSENT ITEMS REMOVED: City Clerk Midstokke announced that a supplement was being distributed to Item No. 12, adding a clause to the Ordinance, a new Section 3, repealing Ordinance No. 08-1232, adopted November 9, 2008 in its entirety. 10 ADOPT RESOLUTION NO. 09- . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES’ ASSOCIATION/ MISCELLANEOUS UNIT (November 1 , 2008 to October 31, 2009): Administration. This item was removed at the request of Council Member Gafin and is listed under Other Business below. 12.INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE CITY’S MEMBERSHIP IN THE LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM (LA-RICS) AND APPROVING THE EXECUTION OF THE JOINT POWERS AGREEMENT: Administration. This item was removed at the request of Council Member Gafin and is listed under Other Business below. CONSENT CALENDAR: It was moved by Council Member Brossmer, seconded by Council Member Gafin and unanimously carried to approve the remainder of the Consent Calendar items as recommended: 2.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings January 27, 2009: City Clerk. 3.APPROVED WARRANTS ISSUED: Warrant Nos. 237994 – 238330; Wire Nos. 419 – 427 and 30001835-30001852; in the total amount of $3,849,369.48: Finance. 4.APPROVED CARRY-FORWARD APPROPRIATIONS IN THE AMOUNT OF $2,254,355.82 FOR FISCAL YEAR ENDED JUNE 30, 2008: Finance. 5.TRUCK IMPACTED INTERSECTION PROJECT – PHASE TWO: APPROVED AGREEMENT WITH GATEWAY CITIES COUNCIL OF GOVERNMENTS AND APPROPRIATED $210,000 FROM THE GAS TAX FUND: Public Works. 6.AUTHORIZED THE DONATION OF SURPLUS MOTOROLA 520 MOBILE DATA COMPUTERS TO OTHER FIRE DEPARTMENTS: Fire. 7.CASH CONTRACT NO. 632-1C: LAKEWOOD BOULEVARD IMPROVEMENTS: APPROVED EXPENDITURE OF $75,000 FOR THE CONSTRUCTION OF MASONRY BLOCK WALLS AT THE SUN TRAILER PARK PROPERTY LOCATED AT 12532 LAKEWOOD BOULEVARD: Public Works. 8.ADOPTED RESOLUTION NO. 09-7107, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING SPECIFIC REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY; Finance. 9.ADOPTED RESOLUTION NO. 09-7108, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REAPPOINTING DIANE BOGGS TO THE CITY HOSPITAL COMMISSION FOR COUNCIL DISTRICT FIVE: Administration. City Council Minutes 02/1 0/09 -4- 11.ADOPTED RESOLUTION NO. 09-7110, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT ON ASSESSMENTS WITHIN LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT NO. 121 FOR FISCAL YEAR 2009-2010: Public Works. ADMINISTRATIVE REPORTS: 13.APPOINTMENT OF COUNCIL SUBCOMMiTrEE TO REVIEW THE FOOD AND BEVERAGE OPERATION AT RIO HONDO EVENT CENTER: Community Services. Community Services Director Phillips presented the staff report noting this year marks the mid-point of the ten-year licensee contract and staff believes it is the appropriate time to have a review of the food and beverage operation at the Rio Hondo Event Center. He said that when the current vendor was selected staff had the opportunity to work with a Council subcommittee and was looking forward to this process again. Shelton Food and Beverage has had the food and beverage operation at the Rio Hondo Event Center since April 2004 and operates under the agreement which allows for a no fault termination upon 120 day written notice to licensee. Director Phillips mentioned it would be appropriate at this time to look at other options for providing the food and beverage service It was so ordered by the Mayor to have Council Members Gafin and Marquez serve on the Council Subcommittee. [ OTHER BUSINESS: 14.APPOINTED COUNCIL MEMBER MARQUEZ AS ALTERNATE DIRECTOR TO LOS ANGELES COUNTY SANITATION DISTRICTS NOS. 2 AND 18: Mayor Guerra. Mayor Guerra announced that he has been attending the Sanitation Districts meeting every other Wednesday in the City of Whittier but that an Alternate Director to the Los Angeles Coljnty Sanitation Districts Nos. 2 and 18 must be appointed. It was so ordered by the Mayor to appoint Council Member Marquez as the Alternate Director. CONSENT ITEMS REMOVED: 10.ADOPTED RESOLUTION NO. 09-7109, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES’ ASSOCIATION/ MISCELLANEOUS UNIT (November 1 , 2008 to October 31, 2009): Administration. Council Member Gafin said he pulled this item noting this is for approval of the Downey City Employees’ Association/Miscellaneous Unit Memorandum of Understanding (MOU) and it is the third and final employee group to come before the Council. He noted the first two groups were granted a four percent pay increase that is also being proposed for this group, but there were certain job position pay levels that were well below the median that the City tries to maintain and those positions were granted step pay to bring them back to the median level. He expressed he feels it is an injustice to this group that they were excluded from this process, and he would be voting no for this reason. It was moved by Council Member Brossmer, seconded by Council Member Marquez and carried with Council Members Bayer and Gafin dissenting, to approve the MOU and adopt the Resolution. City Council Minutes 02/1 0/09 -5- 12.INTRODUCED (AS AMENDED) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE CITY’S MEMBERSHIP IN THE LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM (LA-RICS) AND APPROVING THE EXECUTION OF THE JOINT POWERS AGREEMENT (JPA): Administration . This item was pulled by Council Member Gafin to clarify that the City’s membership in LA- RICS at this point in time would not be committing to any financial costs, and the City can opt out if it is decided that the City’s share is too great. Deputy City Manager/Emergency Services Sauter responded yes, the City has 45 days to join once the JPA is formed and nine months to build the funding plan and financial outlook. The City will then have the option to stay in the JPA and continue to be member once the costs are known or opt out. He said being a member now the City is in a better position to have a say in how the program progresses over the next nine months. It was moved by Council Member Gafin, seconded by Council Member Brossmer and unanimously carried to introduce the Ordinance as amended by the supplement. STAFF COMMENTS: None. ADJOURNMENT: The meeting adjourned at 8:43 p.m. to 9:00 a.m., February 14, 2009 at the Barbara J. Riley Community and Senior Center, John Downey Room, located at 7810 Quill Drive; in memory of John Persico, longtime Downey resident. M&iwwMM& KATHLEEN L. MIDSTOKKE , City Clerk MARIO A. GUERRA, Mayor City Council Minutes 02/1 0/09