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Minutes - 10-13-09 Regular Meeting
MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING OCTOBER 13, 2009 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:32 p.m., October 13, 2009, in the Council Chamber of 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 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. Pom©hn, Assistant Deputy City Manager Other City Staff PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None APPROVED CLOSED SESSION MINUTES: September 22 and October 6, 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 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 54957.6 – Conference with labor negotiators Council Members Brossmer and Gafin re: direction for labor negotiations with City Manager. 2 Government Code Section 54957.6 – Conference with labor negotiator Irma Youssefieh re: direction for labor negotiations with Downey City Employees’ Association Miscellaneous and Maintenance Units; and Downey Public Safety Auxiliary Association. City Council/Community Dev. Comm. Minutes (adj.) 10/13/09 -1 - 3. Government Code Section 54956.8 – Conference with real property negotiator Gerald Caton re: property located at 12224 Lakewood Boulevard (Downey Studios); negotiating party: Stuart Lichter, Industrial Realty Group; under negotiations: price and terms of payment. 4. Government Code Section 54956.8 – Conference with real property negotiator Gilbert Livas re: property located at 8314 2nd Street (formerly Verizon); negotiating party: National Community Renaissance – Alfredo lzmajtovich; under negotiation: price and terms of payment RECONVENED: The meeting reconvened in Open Session at 7:32 p.m. Qth all Council Members/Commissioners present Mayor/Chairperson Guerra announced that they would be returning to Closed Session after the Council meeting. The meeting recessed at 7:32 p.m. The meeting reconvened at: 9:37 p.m. ®th all members present and immediately recessed to Closed Session. The meeting reconvened at 1 1 :07 p.m. Wth all members present. There were no actions to report ADJOURNMENT: The meeting adjourned at 1 1 :07 p.m. #/,Lax MARIO A. GUERRA, Mbyor/Chairperson +QAZ£AJ V.eDaAMa KATHLEEN L. MIDSTOKKE, City Clerk/Secretary City Council/Community Dev. Comm. Minutes (adj.) 10/1 3/09 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING OCTOBER 13, 2009 The City Council of the City of Downey held a Regular Meeting at 7:37 p.m., October 13, 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 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 thanked everyone for attending the Library’s 50th Anniversary celebration; noted he attended the Downey Regional Medical Center’s Annual Charter Ball as a guest of the Mayor, a Neighborhood Watch meeting, and the Downey Police Fire Foundation’s Annual Golf Tournament; he thanked Director Ragland and Unity in the Community members for their efforts on resolving the lighting issues at Treasure Island Park; and announced the Chamber of Commerce will be hosting a Business Expo at Stonewood MaII this Thursday. Council Member Gafin announced that Bob’s Big Boy will be opening on October 19th and the Columbia Memorial Space Science Learning Center will have the grand opening for the public on October 24th; and he requested that the Police Chief provide an update on his request to pass an Ordinance on restrictions for sex offenders on Halloween night. Police Chief Campos reported that he had contacted the local Board of Corrections office and learned that there is already a program in place through this office that provides a curfew and restricts offenders from decorating their residence with Halloween decorations or distributing candy. City Council Minutes 10/1 3/09 -1- It is felt that an administrative policy through the detective division would better suit the City’s needs in conjunction with the Board of Corrections program. Mayor Pro Tem Bayer announced the Citizens for Downey meeting will be held Wednesday morning at the Rio Hondo Country Club and Jon Betthauser will be the speaker; Keep Downey Beautiful will be holding a clean-up on October 17th, meeting in the parking lot at Los Amigos Golf Course; the Downey Rose Float Association will be holding their annual Parade of Winners this Sunday; and there will be a flu shot clinic on October 27th Council Member Marquez mentioned that Library’s 50th Anniversary celebration was a great event; and reported that he attended the Downey Regional Medical Center’s annual Charter Ball and a Green Task Force meeting last week. Mayor Guerra noted the Green Task Force is doing a great job; he attended a Contract Cities workshop on September 25th - 26th ; a Character Counts coalition and Neighborhood Watch meeting last week; the Temple Ner Tamid Columbus Day breakfast on Monday; he will be a moderator tomorrow night for the U.S. Army Recruiting Board at the Staples Center; he will be hosting a town hall meeting at Apollo Park on Thursday at 6:30 p.m.; Saturday there will be the Keep Downey Beautiful clean-up and the annual YMCA/Rotary Pancake Breakfast; he will be introducing Congresswoman Roybal-Allard; and noted that he is hopeful that Tesla Motors will come to Downey and that he is wearing a pink tie for Breast Cancer Awareness month. PRESENTATIONS: Mayor Guerra presented the Mayor’s Diakonia (servant) Award to Luann Parker. Sylvia Sutherland of Southern California Edison presented a check in the amount of $59,367.28 to Mayor Guerra and the City for energy efficiency savings. Mayor Guerra presented a Proclamation declaring October 27th as National Immigrant’s Day. PUBLIC HEARINGS: None. NON-AGENDA PUBLIC COMMENT: Jessica Garcia and Shannon Moore, West Downey Little League representatives, requested funding assistance for the refurbishment of their snack shack and parking lot at West Middle School. CONSENT ITEMS REMOVED: None CONSENT CALENDAR: It was moved by Council Member Gafin, seconded by Council Member Marquez, and unanimously carried to approve the Consent Calendar items as recommended: 1.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings September 22, 2009: City Clerk. 2.APPROVED WARRANTS ISSUED: Warrant Nos. 244151 – 244670; Wire Nos. 504 – 512 and 30001997 – 30002005; in the total amount of $4,252,874.52: Finance City Council Minutes 10/13/09 -2- 3.APPROVED AGREEMENT FOR THE JOINT POWERS COMMUNICATION CENTER WITH THE CITIES OF COMPTON AND SANTA FE SPRINGS: Fire. 4.APPROVED AGREEMENT WITH RAMSAY GROUP IN THE AMOUNT OF $21,000 FOR THE PREPARATION OF A 5-YEAR CONSOLIDATED PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE ANALYSIS OF IMPEDIMENTS REPORT FOR THE HOME INVESTMENT PARTNERSHIP FEDERAL HOUSING PROGRAM: Community Development. 5.APPROVED CONFIRMATION ORDER WITH ICMA-TV FOR $19,500 FOR THE PRODUCTION OF A DOCUMENTARY FILM ABOUT THE FORMER NASA SITE: Community Development. 6.APPROVED RECOMMENDATIONS FROM THE GREEN TASK FORCE: DIRECTED THE DEVELOPMENT OF A GREEN PAGE ON THE CITY’S WEBSITE; AUTHORIZED THE CITY’S PARTICIPATION IN A HIGH EFFICIENCY TOILET RETROFIT PROGRAM TARGETING MULTI-FAMILY BUILDINGS; SPONSOR A DROUGHT TOLERANT GARDENING WORKSHOP; AND APPROPRIATED $2,500 FROM THE GENERAL FUND AND AUTHORIZED $9,600 FOR STAFF TIME EXPENSE TO COORDINATE THESE ACTIVITIES : Administration 7.ADOPTED RESOLUTION NO. 09-7155, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE UNIFORM SCHEDULE OF FEES PREVIOUSLY ADOPTED BY RESOLUTION NO. 09-7139 BY ELIMINATING THE COMMUNITY EMERGENCY RESPONSE TEAM (CERT) TRAINING FEE: Finance. ADMINISTRATIVE REPORTS: 8.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE VI, CHAPTER 5, PART 11 OF THE DOWNEY MUNICIPAL CODE REGARDING THE PLACEMENT AND OPERATION OF PUBLICATION VENDING MACHINES (NEWSRACKS) ON CITY PROPERTY: Public Works. There was a supplement distributed reflecting a change in the proposed Ordinance deleting the last sentence of section No. 3. Public Works Director Ragland presented a staff report noting that this is a reintroduction of this Ordinance due to wording changes on the grandfather clause. Mayor Guerra clarified that if the vendors make modifications to their racks they would need to comply with the new Code. It was moved by Council Member Marquez, seconded by Mayor Pro Tem Bayer and unanimously carried to introduce the Ordinance. 9.APPROVED PRESENTING A TRAVEL FILM SERIES: Community Services. Community Services Director Phillips presented a staff report proposing that 4 films would be shown at the new auditorium at Downey High School. The cost of the films has been renegotiated saving approximately $300 per film and they are expecting that 75% of the costs will be covered by ticket sales . City Council Minutes 10/1 3/09 -3- Council Member Brossmer asked why we are reducing the number of films from 10 to 4. He was told that the reduction is temporary to allow for acceptance of the new venue and is expected to increase next year if all goes well. Mayor Guerra noted that people had stated they were willing to pay more and was informed that the cost has been increased to $10 per ticket. After Council concurrence, it was so ordered by the Mayor to approve. 10.AUTHORIZED THE CITY TO CONTINUE AS A COLLABORATIVE PARTNER WITH THE DOWNEY UNIFIED SCHOOL DISTRICT FOR SUBMiTrAL OF AN AFTER SCHOOL EDUCATION AND SAFETY PROGRAM GRANT RENEWAL APPLICATION; Community Services Community Services Director Phillips presented a staff report regarding the ASPIRE program explaining that they normally receive one year grants, however, this year it is a 3 year grant and if any unforeseen changes occurred in those 3 years, the City would have to make up the difference. Mayor Guerra stated that this is a fantastic program and does a lot for the community. After Council consent it was so ordered by the Mayor to authorize. 11.DISCUSSION OF COUNCIL PRIORITY LIST UPDATE: Administration. This item was discussed after Item No. 12 but is listed here for the sake of consistency. City Manager Caton explained that several sessions were held to determine the priorities of the Council and this packet provides a status update on each priority. Dan Cristea, resident of Downey, spoke regarding priority No. 149 – Public Safety Surveillance System noting that he is apposed to these types of cameras due to privacy issues and suggested that State and Federal grants should not be sought due to the restrictions that are attached to them. Council Member Brossmer requested that Item No. 188 – WiFI continue be pursued in the Downtown/Civic Center areas and that the preliminary steps that can be done towards the Public Works Yard consolidation be done. City Manager Caton suggested that the Council address which items they would like further detail on and reports would be brought back one at a time on regular Council agendas. It was decided that the items would be brought back in the following order: Item Nos. 168 and 168A – Parks Item No. 99 – Road Maintenance Schedule (combined with No. 134) Item No. 103 – Economic Development Item No. 149 – Public Safety Camera System Item No. 158 – Code Enforcement, blighted areas/lapsed building permits Item No. 164 – Interdepartmental Grant Team Item No. 188 – Public Information/Website/WiFI It was directed that the following items be deleted from the list: 49, 52, 91, 97, 136, 138 and 143 City Council Minutes 10/1 3/09 -4- 12. CLARK AVENUE NAME CHANGE; Administration. A. ADOPT RESOLUTION NO. 09- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING THE CHANGE OF NAME OF CLARK AVENUE WITHIN THE CITY LIMITS OF THE CITY OF DOWNEY BETWEEN LAKEWOOD BOULEVARD AND IMPERIAL HIGHWAY TO COLUMBIA WAY: OR B. ADOPT RESOLUTION NO. 09- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING THE CHANGE OF NAME OF CLARK AVENUE WITHIN THE CITY LIMITS OF THE CITY OF DOWNEY BETWEEN LAKEWOOD BOULEVARD AND FOSTER ROAD TO COLUMBIA WAY. Deputy City Manager Alvarez presented a staff report noting that this name change is to honor the astronauts who lost their lives on the Space Shuttle Columbia. There are two choices for renaming the street: the points between Lakewood Boulevard and Imperial Highway or from Lakewood Boulevard to the City limits at Foster Road. He noted it would take approximately 6 months for the residents and businesses along the route to be accommodated for the name change and the shorter segment would be less of an impact. Mayor Guerra mentioned that there are 49 addresses along the entire street and only 2 of those are businesses. He noted that in talking to other cities that the street runs through, they are interested in changing as well. Council Member Gafin explained that while he likes the idea of the name change he feels it should be between Lakewood Boulevard and Imperial Highway and that the 46 residential, 4 businesses, 1 church and 1 school addresses all need to be surveyed to see if they want the name change as they will be the ones inconvenienced. Mayor Pro Tem Bayer noted her agreement about a survey being conducted. Council Member Marquez stated the name change should occur all the way to Foster Road and noted that he wanted to see this change prior to the Grand Opening. He stated that while he supports reaching out to the residents and business owners it should be more informational about what is going to occur and providing information on how to make the address change on their personal documents. Jim Rodriguez, property owner, stated that while he likes the concept, the people affected on that street should be surveyed and that it should be between Lakewood Boulevard and Imperial Highway . William Parker, resident of Downey, noted that he supports the idea of honoring the astronauts; however, he would be unhappy with the inconvenience if he lived on the street. Carlos Galvan, resident of Downey, agrees a survey should be done and suggested that a commemorative stretch of the street be considered instead. Council Member Brossmer noted that he supports the name change between Lakewood Boulevard and Imperial Highway and would like to see it done prior to the Grand Opening. He asked who would be surveyed, the land owners or the actual tenants. Mayor Guerra noted that he would have liked to have had this happen a long time ago and that he feels it should go all the way to the City limits. He feels this is a way for the Learning Center to be known and easily located. City Council Minutes 10/1 3/09 -5- City Manager Caton suggested that a subcommittee of Council Member Gafin and Mayor Guerra be formed to develop a survey that the Police and Fire explorers could canvas the area with and that a meeting could be called for next week for approval before the Grand Opening. It was moved by Council Member Marquez, seconded by Mayor Guerra and failed (2/3) noting the dissent of Mayor Pro Tem Bayer and Council Members Brossmer and Gafin, to approve option B. Council Member Gafin requested that a survey be conducted and a Special Meeting be called to discuss the item next Tuesday at 6:00 p.m. Mayor Pro Tem Bayer noted her agreement with Council Member Gafin After Council concurrence it was so ordered to adjourn tonight's meeting to Tuesday, October 20th at 6:00 p.m. to bring this item back with the survey results. OTHER BUSINESS: 13.ADOPTED RESOLUTION NO. 09-7156, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF KENT HALBMAIER TO THE TRAFFIC COMMITTEE FOR COUNCIL DISTRICT TWO: Mayor Guerra. It was moved by Mayor Guerra, seconded by Council Member Marquez and unanimously carried to adopt. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Mayor Guerra asked that on Council Member requests, all Council Members be notified with the information. Council Member Brossmer stated that upon completion of a request, perhaps a report could be given to the entire council. City Manager Caton explained that many requests are received on a daily basis and they have to be addressed so as not to have the Council take action on an item that was not on an agenda. He suggested an informational email could be sent to the entire Council. City Attorney Lee cautioned the Council about replying to informational emails Mayor Pro Tem Bayer suggested that if a Council Member was interested in the result of a requested item, they could contact the staff person directly. STAFF COMMENTS: None The meeting recessed to Closed Session at 9:36 p.m. The meeting reconvened at 1 1 :07 p.m. with all Council Members present. City Council Minutes 10/1 3/09 -6- ADJOURNMENT: The meeting adjourned at 1 1 :07 p.m. to 6:00 p.m., October 20, 2009 in memory of Corinne (granny) Mardon, grandmother-in-law of Recreation and Community Services Commissioner Mike Hemsath %&:/dIaL> P.?yLbduh££e> KATHLEEN L. MIDSTOKKE, City Clerk MARIO A. GUERRA, Mayor City Council Minutes 10/1 3/09