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HomeMy WebLinkAboutMinutes 05-10-11 Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COM OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING MAY 10, 2011 llSSION The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:33 p.m., May 10, 201 1, 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. APPROVED CLOSED SESSION MINUTES: April 26, 2011. It was moved by Council Member/Commissioner Guerra, seconded by Council Member/ Commissioner Gafin and so ordered to approve the Closed Session Minutes from April 26, 2011 RECESSED TO CLOSED SESSION: Mayor/Chairperson Marquez announced the Council/Commission is recessing to Closed Session (6:34 p.m.) to discuss matters under the authority of the following sections of the Government Code: 1. 2. Government Code Section 54956.9(b)(1 ) – Conference with legal counsel – anticipated litigation. Significant exposure to litigation – one potential case Government Code Section 54957.6 – Conference with labor negotiators 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 Unit. City Council Minutes (adi.) 05/10/1 1 - 1 - 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 will resume Closed Session after the Regular Council Meeting for further discussion of Items 1 and 2. The meeting recessed at 7:33 p.m. with all Council Members/ Commissioners present The meeting reconvened at 9:10 p.m. and recessed to Closed Session at 9:15 p.m. with all Council Members/Commissioners present. Council Member/Commissioner Guerra abstained from participation on Closed Session Item 1 and left the conference room at 9:20 p.m. because Downey Regional Medical Center is a source of income to him under the Political Reform Act The meeting reconvened in Open Session at 9:41 p.m. with Council Members/ Commissioners Gafin and Vasquez, Mayor/Chairperson Marquez and Mayor Pro Tem/Vice- Chairperson Brossmer present. There were no Closed Session actions to report. ADJOURNMENT: The meeting adjourned at 9:41 p.m mmtm .UIS H. MARQUa Ebi7berson City Council Minutes (adj.) 05/10/1 1 -2 - MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING MAY 10, 2011 The City Council of the City of Downey held a Regular Meeting at 7:39 p.m., May 101 2011, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, DowneyT California1 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 Shannon DeLong, Assistant to the City Manager Rick Esteves, Police Chief John Michicoff, Finance Director John Oskoui, Public Works Director Thad Phillips, Community Services 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: Council Member Vasquez recognized his Recreation and Community Services Commission appointee Lee Ann Sears in the audience; congratulated Community Services staff who participated at the True Lasting Connections (TLC) softball tournament; gave kudos to Downey High School for winning the TLC tournament; and mentioned attending Rancho Los Amigos Rehabilitation Center’s Amistad Gala. Council Member Gafin mentioned attending the Chamber of Commerce Street Faire last Saturday; attended the Kids Day Hall of Fame ceremony at the Downey Civic Theatre a few weeks ago; and noted next Saturday is Kids Day at Furman Park. He advised that he and Council Member Guerra, Director of Community Development Saeki and Senior Planner David Blumenthal attended the Southern California Association of Governments’ (SCAG) Regional Conference and General Assembly where the City received the Compass Blueprint Award for achievement in livability for the Downtown Specific Plan. He requested a report on a future Agenda on what action is needed to create campaign finance reform in the City. Council Member Guerra mentioned attending the SCAG Regional Conference and General Assembly with Council Member Gafin; an Army Advisory Board Meeting, noting Downey Chamber of Commerce President Rick Rodriguez also serves on this board; congratulated Mr. Rodriguez for chairing the Downey Chamber of Commerce Street Faire; noted attending the Rancho Los Amigos City Council Minutes 05/1 0/1 1 -1- Rehabilitation Center’s Amistad Gala on Saturday; and commended Miss Downey, Miss Teen Downey and Junior Miss Downey and their courts for the work they do on behalf of the community noting they also worked at the Rancho Amistad Gala. He advised that Rancho Los Amigos Rehabilitation Center has partnered with the Wounded Soldier group and is assisting wounded soldiers at the facility. He advised that Warren High School’s Red Cross Club also helped at the Amistad Gala. He welcomed students from Calvary Chapel in the audience. He announced the formation of his youth advisory board, noting there will be no cost to the City and said he will come back to the Council for recommendations. He requested updates on previous requests to staff, such as an automobile accident surcharge for non-residents, a strategic Planning/Council goal Session, ways to enhance the City by painting fire hydrants and power boxes, and the installation of walking/biking paths adjacent to the railroad tracks. Mayor Pro Tem Brossmer noted the Chamber of Commerce Street Faire was a great success and commended the Chamber and City staff for their hard work on the event; said he attended the Crawford Park cleanup and thanked Keep Downey Beautiful Coordinator Carol Rowland, her volunteers and members of the Church of Jesus Christ of Latter-Day Saints for participating; and noted he was invited to the Light and Life Christian Church on Mother’s Day to make an announcement on the proposed veteran’s memorial advising the church wants to lend its support to this project Mayor Marquez recognized his wife Alma in the audience; noted the Downey Chamber of Commerce Street Faire was a great event; recognized Chamber President Rick Rodriguez for chairing the Street Faire; welcomed students from Calvary Chapel High School in the audience; and commended Miss Downey, Miss Teen Downey and Junior Miss Downey and their courts for their good character and for the volunteer hours they provide at various City events. PRESENTATIONS: Mayor Marquez presented his Mayor’s Service Award for May to Robin Smith, President, of Downey Meals on Wheels and to the entire Meals on Wheels Program. He noted the City is fortunate to have this program which provides food to needy seniors. He advised it was discontinued last year and through Ms. Smith’s leadership, along with a group of volunteers and the assistance of the First Christian Church, it was brought back Mayor Marquez presented a Proclamation declaring the week of May 15-21, 2011, National Public Works Week, to Kathy Simmons, Integrated Waste Coordinator and Public Works Department Employee of the Year for 2010. Mayor Marquez called upon Mercy White, Downey Rose Float Association Board Member and Chaperone to introduce the 2011 Miss Downey, Miss Teen Downey and Junior Miss Downey and their courts. He presented the girls with City Pins. Ms. White also recognized Kelly Roberts, President of the Downey Rose Float Association, in the audience. Mayor Marquez introduced Karen Heit, Transportation Deputy for the Gateway Cities Council of Governments and Executive Director for the Orange Line Development Authority to give an update on the status of the Orange Line transportation project. Ms. Heit advised that the project was included in the Los Angeles County Measure R in 2008 which made it eligible for public funding with monies to be available in 2015. She said planning work has taken place in past years with the project currently undergoing an alternatives analysis, which will make it available for federal funding. The alternatives analysis is being led by the Southern California Association of Governments (SCAG) because it is a cross-county project, being reviewed for Los Angeles and Orange Counties. The Authority is looking at light rail, low-speed maglev, bus rapid transit and street cars and an integral part of the effort is to have the downtowns and the alignments go through to make sure, wherever possible, that area is preserved along the right of way City Council Minutes 05/10/1 1 -2- for bike paths and pedestrian ways. She advised that the high-speed maglev aspect was dropped as an option as spacing began to shrink in the various communities but the technology of maglev was put back in for the smaller maglev which runs up to 125 miles per hour and fits better in the urban environment. Mayor Marquez advised he is the representative for Downey on the Orange Line Development Authority and said this project has come a long way, from the involvement by participating cities to the validation of Measure R by the voters of Los Angeles County to fund it in the amount of $240 million. He thanked Ms. Heit for her work on the Orange Line and the Gateway Cities Council of Governments. Council Member Guerra pointed out that Senator Alan Lowenthal has been a champion for this project and deserves huge credit. Ms. Heit noted the Senator was also instrumental in Measure R by shifting funding forward about 20 years. PUBLIC HEARINGS: None NON-AGENDA PUBLIC COMMENT: Rick Rodriguez, President, Downey Chamber of Commerce, thanked the Council for its kind words regarding the Chamber Street Faire. He referred to the 4th of July program being considered tonight and City Manager Caton advised he could request that the item be pulled from the Consent Calendar and comment on it then. CONSENT ITEMS REMOVED: 4.APPROVE AGREEMENT WITH PYRO SPECTACULARS, INC. FOR A FOURTH OF JULY FIREWORKS SHOW IN THE AMOUNT OF $30,000: Community Services. This item was pulled at the request of Council Member Guerra and is listed under Other Business below. CONSENT CALENDAR: It was moved by Council Member Gafin, seconded by Council Member Vasquez and unanimously carried to approve the remainder of the Consent Calendar as recommended. 1.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings April 26, 2011 City Clerk. 2.APPROVED WARRANTS ISSUED: Warrant Nos. 258480 - 258813; Wire Nos. 30002385 – 30002394 and 726 – 733; in the total amount of $2,961,235.10: Finance. 3.CASH CONTRACT NO. 632-3A - LAKEWOOD BOULEVARD IMPROVEMENT PROJECT – PHASE 3A. FIFTH STREET/CECILIA STREET TO FLORENCE AVENUE: APPROPRIATED ADDITIONAL FUNDS IN THE AMOUNT OF $47,000 FOR CITY- FURNISHED MATERIAL: Public Works. 5.APPROVED AMENDMENT TO AGREEMENT WITH THE CITY OF PICO RIVERA FOR THE UPGRADE OF THE TRAFFIC SIGNAL AT THE INTERSECTION OF PARAMOUNT BOULEVARD AND TELEGRAPH ROAD: Public Works. 6.APPROVED AGREEMENT WITH STETSON ENGINEERS1 INC. FOR THE DEVELOPMENT OF AN URBAN WATER MANAGEMENT PLAN IN THE AMOUNT OF $25,000: Public Works City Council Minutes 05/10/1 1 -3- 7.APPROPRIATED $12,500 FROM THE GENERAL FUND TO ENABLE A CITY OF DOWNEY DELEGATION TO ATTEND THE 2011 ALL-AMERICA CITY COMPETITION IN KANSAS CITY, MISSOURI: Community Development. ADMINISTRATIVE REPORTS: 8.OPPOSED STATE SENATE BILL 469 (VARGAS) – LAND USE: SUPERSTORES: Administration . Assistant to the City Manager DeLong explained that State Senate Bill 469 requires local land use authorities to require a specific type of development to submit an economic impact report. It specifically requires new developments of 90,000 square feet or more, if they will sell consumer goods and devote 10 percent of their floor space to selling groceries, to have an economic impact report. She noted the recommendation of staff is to oppose Senate Bill 469 because it undermines the local land use authority. Council Member Guerra advised he has opposed this bill twice, as Legislative Chair for the California Contract Cities Association and as a member of the Legislative Committee for the Independent Cities Association. He felt it is another intrusion on local government and urged his colleagues to oppose it. It was moved by Council Member Guerra, seconded by Council Member Gafin and carried 3-0, noting the abstention of Mayor Marquez and Council Member Vasquez, to oppose State Senate Bill 469 (Vargas) – Land Use: Superstores. 9.RECEIVED AND FILED 2010 CENSUS DATA REVIEW – COUNCIL DISTRICTS: Administration. Assistant to the City Manager DeLong explained that the City Charter requires the City to review district boundaries following a national census. The Council appointed a technical committee to look at the census data and to compare the population of each block to the boundaries of each Council district. It was found the City’s district populations are within the acceptable margin of plus or minus 5 percent. Based on this information, the current Council district boundaries comply with the legal requirements of the Federal and California Voting Rights Acts. It was moved by Council Member Guerra, seconded by Council Member Gafin, and unanimously carried to receive and file the review of 2010 Census data and the population of City Council districts. OTHER BUSINESS: CONSENT ITEMS REMOVED: 4.APPROVED AGREEMENT WITH PYRO SPECTACULARS, INC. FOR A FOURTH OF JULY FIREWORKS SHOW IN THE AMOUNT OF $30,000: Community Services. Council Member Guerra pointed out he is in favor of the 4th of July event but is not in favor of using general funds. He noted Deputy City Manger/Emergency Services Mark Sauter was entrusted to raise the funds last year and City Manager Caton advised that a good deal of time was utilized for this event by a high paid staff person and felt having the City soliciting funds can be taken the wrong way Council Member Gafin wanted to hear the ideas of the churches and community groups and whether there was a possible conjunction with the City before considering the use of general funds. City Council Minutes 05/10/1 1 -4- Rick Rodriguez, representing Calvary Chapel, advised that the church was willing to handle the 4tr1 of July event and has done this previously in the City of Cerritos. He said the church has its own stage, own pyro company contact, can provide entertainment and food and has many volunteers, including 21 sworn Police Officers. He noted they would also open it up to other community groups and churches but stated contracts would be with Calvary Chapel and Calvary would be the event sponsor. Mayor Pro Tem Brossmer stated Calvary Chapel would need to make arrangements with the Downey Unified School District and School Board and this would mean the Council would not be approving the contract with Pyro Spectaculars, Inc. tonight. He pointed out there is a difference between a civic and church or religious event which would need to be worked through. City Attorney Abich Garcia mentioned the fact that, under the law, the City would be prohibited from providing any type of assistance if the event promoted furthering any religious purpose and stated having the church handle the event entirely themselves would be best. y%or Marquef noted ttTere are yo risks: one is to vote against the Agenda item: ang risk nothaving a 4th of July event; and the other is to hope Calvary Chapel can work out the details with the School District. Luann Parker, resident, asked if Downey uses Calvary Chapel would this mean the City of Cerritos would also use them or is it one or the other and Mr. Rodriguez responded that the church would only hold an event in Downey, if approved. John Lacey, resident, recommended the Council decide whether the City or Calvary Chapel will control the event totally. Mayor Pro Tem Brossmer felt it was a rushed decision and suggested considering Calvary Chapel’s offer for next year. He noted the event is coming up in a month or so and did not want to risk not having an event. He felt the $30,000 expenditure was worth it at this time. After further discussion by the Council, it was moved by Mayor Pro Tem Brossmer, seconded by Mayor Marquez, and carried 4-1, with Council Member Guerra voting no, to approve the contract with Pyro Spectaculars, Inc. for a Fourth of July Fireworks Show, in the amount of $30,000, and allowing any community members and organizations who wish to contribute to the event to do so. STAFF COMMENTS: None The meeting recessed to Closed Session at 9:15 p.m., noting Council Member Guerra did not participate in Item 1 due to a potential conflict of interest and reconvened at 9:41 p.m. with Council Members Gafin and Vasquez, Mayor Pro Tem Brossmer and Mayor Marquez present, ADJOURNMENT: The meeting adjourned at 9:41 p.m. to 6:30 p.m., May 24, 2011, in memory of Harold Wilkins, M.D., longtime Downey resident and retired cardiologist for Downey Regional Medical Center; Ethel Brunkala, longtime Downey resident; Bob Epple, former Downey Assemblyman and Cerritos College Board Member; and Russell Ford and Emily Jordan, husband and daughter of Rio Hondo Elementary School Principal Theresa Ford. §i JIg City Council Minutes 05/1 0/1 1 -5-