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HomeMy WebLinkAboutMinutes 02-22-11 Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING FEBRUARY 22, 2011 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:30 p.m., February 22, 2011, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairperson Luis H. Marquez presiding. PRESENT:Council Members/Commissioners: Luis H. Marquez Roger C. Brossmer David R. Gafin Mario A. Guerra Fernando Vasquez Mayor/Chairperson Mayor Pro Tem/Vice-Chairperson ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Gilbert Livas, Assistant City Manager Yvette M. Abich Garcia, City Attorney/Agency Counsel Joyce E. Doyle, Interim City Clerk/Secretary Other City Staff PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None RECESSED TO CLOSED SESSION: Mayor/Chairperson Marquez announced the Council/Commission is recessing 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 54957.6 – Conference with legal negotiator Yvette Abich Garcia/Irma Youssefieh re: direction for labor negotiations with Downey Fire Management Association, Downey Firemen’s Association, Downey Public Safety Auxiliary Association, and Downey City Employees’ Association – Maintenance and Miscellaneous Units. 2. Government Code Section 54956.8 – Conference with real property negotiator Gerald Caton/Gilbert Livas re: property at 1 1500 Brookshire Avenue; negotiating party: Robert Fuller, Executive Vice President/Chief Operations Officer, Downey Regional Medical Center; under negotiations: price and terms of payment. RECONVENED: The meeting reconvened in Open Session at 7:32 p.m. with all Council Members/ Commissioners present. City Attorney/Agency Counsel Abich Garcia announced the Council/ Commission considered Closed Session Item 1. There were no actions to report. City Attorney/Agency Counsel Abich Garcia announced the Council/ Commission will resume Closed Session after the Regular Council meeting to discuss Item 2. The meeting recessed at 7:33 p.m. with all Council Members/Commissioners present. City Council Minutes (adj.) 02/22/1 1 -1- The meeting reconvened at 9:10 p.m. and recessed to Closed Session at 9:11 p.m. Council Member/Commissioner Guerra abstained from participation on Closed Session Item 2 and left the conference room because Downey Regional Medical Center is a source of income to him under the Political Reform Act. The meeting reconvened in Open Session at 9:52 p.m. with Council Members/ Commissioners Vasquez and Gafin, Mayor Pro Tem/Vice-Chairperson Brossmer and Mayor/ Chairperson Marquez present. There were no Closed Session actions to report. ADJOURNMENT: The meeting adjourned at 9:52 p.m. q\ JOYCI ’E:@Y EmI WLr lirperson City Council Minutes (adj.) 02/22/1 1 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING FEBRUARY 22, 2011 The City Council of the City of Downey held a Regular Meeting at 7:35 p.m., February 22, 2011, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Luis H. Marquez presiding PRESENT:Council Members: Luis H. Marquez Roger C. Brossmer David R. Gafin Mario A. Guerra Fernando Vasquez Mayor Mayor Pro Tem ALSO PRESENT:Gerald M. Caton, City Manager Gilbert Livas, Assistant City Manager Yvette M. Abich Garcia, City Attorney Joyce E. Doyle, Interim City Clerk Desi Alvarez, Deputy City Manager/Special Projects Shannon DeLong, Assistant to the City Manager James Heckel, Police Captain John Michicoff, Finance Director John Oskoui, Public Works Director Brian Saeki, Community Development Director Lonnie Croom, Fire Chief Shirley Conte, Secretary to the City Council Other City Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Mayor Pro Tem Brossmer introduced Principal Theresa Ford and Vice Principal Alison lswari from Rio Hondo Elementary School and thanked students from Rio Hondo Elementary’s student council for attending. He requested a brief report and backup documents on expenditures over $50,000 or $100,000 in the warrants register and stated he will bring this up at future Council meetings Council Member Guerra introduced his Planning Commissioner, Robert Kiefer; mentioned receiving a call from Bruce Lee from Suzhou, China, who suggested Downey form a sister city relationship with the city of Suzhou; congratulated Fire Captain Edward Haupt on his promotion to Battalion Chief; mentioned speaking with citizens south of Imperial Highway off Paramount Boulevard regarding issues with nearby strip malls and the resulting improvements; and encouraged people to buy products locally to promote Downey's businesses. He noted the executive board of the California Contract Cities Association met with Supervisor Don Knabe and Sherriff Lee Baca last week regarding !egislation and matters taking place in the County. He mentioned calls received from people who want to do community service, noting some college classes are requiring students to perform 25-30 hours of community service, and encouraged the City to take advantage. He commended neighbors on Melva Street who came to the aid of neighbors losing their home. City Council Minutes 02/22/1 1 -1- Council Member Vasquez recognized Lucy Perez from True Lasting Connections Family Resource Center and Roy Beard from the Kiwanis Club; thanked Community Development Director Brian Saeki for attending a recent Kiwanis Club meeting as the speaker; thanked Director of Public Works John Oskoui for setting up a meeting between Caltrans and a group of neighbors near the 1-5 Freeway who were experiencing heavy vibrations in their homes, which resulted in a significant amount of funds to repair freeway slabs that were causing the vibrations; requested an update on the Downey Youth Commission and the Youth in Government Day; and asked staff to follow up with the neighborhood watch groups north of the 1-5 Freeway and east of the 1-605 Freeway to assist in their efforts Mayor Marquez thanked the students, Boy Scouts and people in the audience for attending and participating in City business. He stated he will begin his series of Mayor's Town Hall meetings next month; advised the Chamber of Commerce State of the City event will take place on March 25; said he would like to plan events during the summer called “City of Downey Comes to You Days” to introduce residents in every section of the City to the Council, staff, and public safety personnel; and mentioned the independent commission has been selected to review redistricting maps for the State Assembly, State Senate, Board of Equalization and Congressional Districts for the next 10 years and feels Downey should be represented as one city and not split into two Assembly Districts. PRESENTATIONS: Mayor Marquez and Director of Public Works Director Oskoui presented a Certificate of Recognition to Ahmed Husain, Senior Civil Engineer/GIS (Geographical Information Systems) for his work on the City's Web-based inter-active capital improvement projects information and development of the City’s facilities maintenance and planning work order system Mayor Pro Tem Brossmer presented a Certificate of Appointment to Sean Ashton his appointee to the Green Task Force for Council District Three. PUBLIC HEARINGS: 1.RECEIVED PUBLIC COMMENT FOR THE 2011-2012 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP PROGRAMS: Community Development The Public Hearing was opened at 8:04 p.m. The City Clerk affirmed receipt of the Proof of Publication. It was moved by Council Member Gafin, seconded by Mayor Pro Tem Brossmer and so ordered by the Mayor to receive and file the proof of publication. Housing Manager Velasco explained the public hearing is to receive input and comments from the community on the CDBG and Home Investment Partnership Programs for the fiscal year 201 1-2012. He noted the City receives these grants from the United States Department of Housing and Urban Development (HUD) and is required to have an approved 5 year consolidated plan and prepare an action plan each year for a 12 month period. The Council approved the 5 year plan in May of 2010 and the current action plan goes through June 2011. Staff began the process for next year’s action plan which covers July 1, 2011 through June 30, 2012. The action plan serves as the City's application to the Federal government for funds and in the process two public hearings are held. The first hearing tonight is where staff works with the community and the City and prepares a plan to submit to HUD and the second hearing is held before the Council approve the action plan. The objective of the first public hearing is to allow the public an opportunity to contribute suggestions on how the funds should be spent. Mr. Velasco stated the City is not certain of the allocation for next year and is using last year’s allocation as a starting point and will adjust accordingly when the Federal government advises Downey’s allocation City Council Minutes 02/22/1 1 -2- Council Member Guerra mentioned attending a True Lasting Connections (TLC) Family Resource Center meeting last Friday morning and said they have received 1,187 referrals since September. He said he asked TLC Director Lucy Perez to attend tonight to provide input on the program and hoped the Council would consider TLC during the CDBG distribution process. Lucy Perez requested financial support from the City for the TLC program noting it is a great example of a community/school partnership and provides families in need with a variety of human services. She mentioned the program has been the focus of statewide publication, Working Strategies, and submitted a copy for each Council Member. It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Guerra and so ordered to close the Public Hearing, the time being 8:15 p.m. There is no further Council action required 2.ADOPT ORDINANCE AMENDING CODE REGULATING PUBLIC HEALTH LICENSES TO INCLUDE MOBILE FOOD FACILITIES: Administration. A. ADOPTED ORDINANCE NO. 11-1280, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE IV, CHAPTER 11, OF THE DOWNEY MUNICIPAL CODE, ADDING A NEW SECTION 4971 (ADOPTING BY REFERENCE CHAPTER 8.04 OF THE LOS ANGELES COUNTY CODE REGULATING PUBLIC HEALTH LICENSES TO INCLUDE MOBILE FOOD FACILITIES). The Public Hearing was opened at 8:16 p.m. The City Clerk affirmed receipt of the Proof of Publication. It was moved by Council Member Gafin, seconded by Mayor Pro Tem Brossmer and so ordered by the Mayor to receive and file the proof of publication. Assistant to the City Manager De Long, explained the City does not have its own public health department and uses the Los Angeles County Public Health Department to provide these services. Adoption of the Ordinance presented facilities the enforcement of new provisions of the County Health Code that includes the letter grading of mobile food facilities similar to the letter food grading program in stationary restaurants. It also adopts current County regulations regarding the permitting of establishments such as swimming pools, vending machines, and body art and tattoo establishments. There is no fiscal impact to the City, as public health licensees are responsible for the payment of those requisite fees to the County There being no speakers from the audience, it was moved by Mayor Pro Tem Brossmer, seconded by Council Member Vasquez and so ordered to close the Public Hearing, the time being 8:18 p.m There being no further discussion, it was moved by Mayor Pro Tem Brossmer, seconded by Council Member Gafin and unanimously carried to adopt the Ordinance. NON-AGENDA PUBLIC COMMENT: Mr. Chuck Anna advised that longtime resident Dave Buhler passed away over the weekend and noted Mr. Buhler was involved with the Hamm Radio community, the Arc Walk and with getting the emergency transmitter tower equipment at Fire Station No. 1. Council Member Guerra noted Mr. Buhler also served the City on the Emergency Preparedness Committee for many years. City Council Minutes 02/22/1 1 -3- CONSENT ITEMS REMOVED: 4.APPROVE WARRANTS ISSUED: Warrant Nos. 256523 – 256837: Wire Nos. 30002335 – 30002344 and 697 – 701; in the total amount of $3,835.337.12: Finance. This item was pulled at the request of Mayor Pro Tem Brossmer and is listed under Other Business below. CONSENT CALENDAR: It was moved by Council Member Gafin, seconded by Mayor Pro Tem Brossmer, and unanimously carried to approve the remainder of the Consent Calendar items as recommended: 3.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings February 22, 2011 : City Clerk. 5.CASH CONTRACT NO. S.S. 581 – BELLFLOWER BOULEVARD AND STEWART AND GRAY ROAD FIBER OPTIC COMMUNICATION SYSTEM PROJECT: AWARDED CONTRACT TO CROSSTOWN ELECTRICAL & DATA, INC. IN THE AMOUNT OF $113,991.50: Public Works. 6.CASH CONTRACT NO. S.S. 603 – FLORENCE AVENUE TRAFFIC SIGNAL AND COMMUNICATION UPGRADE PROJECT: APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS: Public Works. 7.ADOPTED RESOLUTION NO. 11-7253, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF SALLY NUNEZ TO THE EMERGENCY PREPAREDNESS COMMITTEE FOR COUNCIL DISTRICT FIVE: Mayor Marquez 8.ADOPTED RESOLUTION NO. 11-7254, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF FRANCISCO ZELAYA TO THE EMERGENCY PREPAREDNESS COMMITTEE FOR COUNCIL DISTRICT ONE: Council Member Gafin. ADMINISTRATIVE REPORTS: 9.APPROVE THE UPDATED NEIGHBORHOOD TRAFFIC CALMING PROGRAM: Public Works Traffic Engineer, Ed Norris, presented a Power Point update on the Traffic Calming Program, explaining the program provides a mechanism whereby residential neighborhoods can report speeding and cut through traffic complaints to the City. He advised the City received $200,000 in Federal grant funds for the purchase and installation of 20 vehicle speed feedback signs to be placed at 10 locations throughout the City that were previously identified by the Council. Speed awareness trailers were deployed at the 8 highest locations in terms of the 85th percentile speed, which is where 85 percent of motorists are traveling at or below the speed limit and noted a street must have an 85th percentile speed to be eligible. Staff is continuing with Stage 1 traffic calming measures at the 46 eligible locations and will consider State 2 measures if these prove ineffective. He noted program revisions include arterial and collector streets within residential areas and said these streets had to have 1.000 vehicles per day and a cut through traffic threshold of 40 percent. A Stage 2 measure, known as the “diverter,” a raised island or device placed across an intersection to force turns and prevent through movements and cut through traffic was also added along with a flow chart to illustrate the 7 steps. City Council Minutes 02/22/1 1 -4- Council Member Guerra felt staff is adding another step, making it harder to qualify and said there are other streets where he would like to see speed humps installed. He asked if this is something the Council can approve tonight and give staff direction. City Manager Caton stated if Council is not happy with the updated traffic calming program before it, they can advise staff how they would like to see it modified. Council Member Gafin stated speed humps are very expensive and cost on an average street, 1/8 of a mile long, could be $11,000. He suggested a couple of test areas be selected before investing a lot of money Mayor Marquez left the dais at 8:49 p.m. and returned at 8:54 p.m. After further discussion, it was moved by Council Member Gafin, seconded by Council Member Vasquez, and unanimously carried to have staff bring back criteria and cost for selecting two streets in each Council District, not to exceed a 25 mile per hour speed limit, residential streets only, with speed humps to be in place for a 12 month trial basis. It was moved by Council Member Guerra, seconded by Mayor Pro Tem Brossmer, and unanimously carried to continue the updated traffic calming report until further information is brought back. OTHER BUSINESS: CONSENT ITEM REMOVED: 4.APPROVED WARRANTS ISSUED: Warrant Nos. 256523 – 256837: Wire Nos. 30002335 – 30002344 and 697 – 701; in the total amount of $3,835.337.12: Finance. This item was pulled at the request of Mayor Pro Tem Brossmer and is listed under Other Business below. Mayor Pro Tem Brossmer stated he had no further questions at this time. It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Gafin and unanimously carried to approve the warrants, as issued. STAFF COMMENTS: City Manager Caton recalled a Christmas trip to Washington, DC regarding trouble with a project where Congressman Horn accompanied City staff and made a huge impact. Mr. Caton advised the present Downey Landing site and new Kaiser Hospital would not be here if not for Congressman Horn. The meeting recessed to Closed Session at 9:10 p.m., noting Council Member Guerra did not participate due to a potential conflict of interest, and reconvened at 9:52 p.m. with Council Members Gafin, Vasquez, Mayor Pro Tem Brossmer and Mayor Marquez present City Council Minutes 02/22/1 1 -5- ADJOURNMENT: The meeting adjourned at 9:52 p.m. to 6:30 p.m., March 8, 2011, in memory of former Congressman Stephen Horn, a true friend and advocate of Downey. /mmQR)7iazrM®ETiR City Council Minutes 02/22/1 1