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HomeMy WebLinkAboutMinutes 07-12-11 Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JULY 12, 2011 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:30 p.m., July 12, 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:Gilbert Livas, Assistant City Manager/Acting Executive Director 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: June 28, 2011. It was moved by Council Member/Commissioner Gafin, seconded by Council Member/ Commissioner Vasquez and so ordered by Mayor Marquez to approve the Closed Session Minutes from June 28, 2011. 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 section of the Government Code: 1. Government Code Section 54956.9(a) – Conference with legal counsel – pending litigation: New Cingular Wireless, et al. v. City of Downey, et al., Los Angeles CountY Superior Court Case No. BC462270. RECONVENED: The meeting reconvened in Open Session at 7:32 p.m. with all Council Members/ Commissioners present. There were no Closed Session actions to report. City Council Minutes (adj.) 07/12/11 - 1 - ADJOURNMENT: The meeting adjourned at 7:32 p.m Wr -LUIS H. MARQUE,a ih\irperson City Council Minutes (adj.) 07/12/1 1 -2 - MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JULY 12, 2011 The City Council of the City of Downey held a Regular Meeting at 7:34 p.m., July 12, 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:Gilbert Livas, Assistant City Manager Yvette M. Abich Garcia, City Attorney Joyce E. Doyle, Interim City Clerk Rick Esteves, Police Chief John Michicoff, Finance Director John Oskoui, Public Works Director Thad Phillips, Community Services Director Brian Saeki, Community Development Director Lonnie (;room, 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 mentioned attending the Independent Cities Association (ICA) conference in San Diego, noting a session on social media where Council Member Guerra was a panelist and a session on pension reform; recognized his Emergency Preparedness Commissioner, Lee Ann Sears in the audience; and asked for an update on providing shades at bus stops at major intersections. Council Member Gafin mentioned attending the ICA Conference and noted attending a session on “evaluating your City Manager's performance”; attended the Downey Chamber of Commerce’s annual installation event with Council Members Guerra and Vasquez; recognized new Chamber President Jan Scott in the audience; and attended the Fire Department’s badge pinning ceremony for new Captain Eric Danieri and Engineer Ryan Schleiger. He pointed out the annual concerts in the park have begun and said tomorrow night’s concert is the salsa band Opa Opa. Council Member Guerra announced he attended the Chamber’s installation with Council Members Vasquez and Gafin; attended a neighborhood watch on Dolan Avenue with Council Member Vasquez; and attended the ICA conference where he was the moderator for social media does and don’ts along with Brad Ritter from Ritter Communications. He advised the City’s lobbyist, Tony Rice, gave an update on what is impacting cities from Sacramento and noted the League of California Cities and other cities are currently suing the State to stop the State from taking the redevelopment agencies away. He attended the badge pinning ceremony for Captain Eric Danieri and Engineer Ryan Schleiger; encouraged attendance at Concerts in the Park; and congratulated City Council Minutes 07/12/1 1 -1- Calvary Chapel High School’s girls’ softball team on winning the CIF championship. Mayor Pro Tem Brossmer mentioned attending the ICA conference and a session he attended with a police focus called “Open Carry,” which was about a group that is expressing its right to carry an unloaded firearm in plain view. It was made clear there is a 1,000 foot rule around schools, parks and City businesses and he recommended staff create maps with 1,000 foot rings around those areas. The session also included a talk about the proliferation of medicinal marijuana stores and the strategy suggested, as part of the business licensing process, was that all businesses must follow all local, state and federal laws, which will allow regulating unwanted uses and he directed staff to follow those lines Mayor Marquez welcomed everyone and noted he also attended the ICA conference and the workshop on pension reform to see what other cities are doing. He advised speakers included City Managers and local municipal union leaders. He noted many cities are going to a two-tier retirement system in an effort to address sustainability, maintain a strong workforce and be financially sustainable in the future. He encouraged everyone to attend the concerts in the park; and noted he was unable to attend the Chamber’s installation as he serves on the board of directors for the Gateway Cities Council of Governments and their 15 year anniversary meeting was on the same night PRESENTATIONS: Mayor Marquez presented Certificates of Recognition to Calvary Chapel High School’s 2011 CIF Championship Girls Softball Team with the assistance of Head Coach Thomas Osburn ll. NON-AGENDA PUBLIC COMMENT: Alvaro Battista, resident, mentioned ongoing issues with Code Enforcement and submitted correspondence to the Council. Mayor Marquez referred him to the City Attorney and Police Chief. CONSENT ITEMS REMOVED: 3. 11. APPROVE CALMET SERVICES, INC. REQUEST FOR ANNUAL TRASH RATE ADJUSTMENT: Public Works. This item was removed from the Agenda. ADOPT RESOLUTION NO. 11- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING THE BENEFITS PAYABLE TO EMPLOYEES IN CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT, MIDDLE MANAGEMENT, AND CONFIDENTIAL/EXEMPT; AND REPEALING PRIOR RESOLUTIONS: Administration. This item was removed from the Agenda. 4.APPROVE RATIFICATION OF GREEN TASK FORCE BYLAWS: Administration This item was pulled at the request of Council Member Guerra and is listed under Other Business below, 5.APPROVE THIRD AMENDED JOINT EXERCISE OF POWERS AGREEMENT OF THE ORANGELINE DEVELOPMENT AUTHORITY: Administration. This item was pulled at the request of Council Member Guerra and is listed under Other Business below. 7.APPROVE AMENDMENT TO SUBRECIPIENT AGREEMENT WITH BEYOND SHELTER FOR THE IMPLEMENTATION OF A HOMELESSNESS PREVENTION AND RAPID RE- HOUSING PROGRAM EXTENDING CONTRACT TO DECEMBER 30, 2011: Community Development. This item was pulled at the request of Council Member Guerra and is listed under Other Business below. City Council Minutes 07/12/1 1 -2- Mayor Pro Tem Brossmer noted he would be abstaining on Item 14 due to a conflict of interest through his employer, Downey Unified School District. Council Member Vasquez noted he would be abstaining on Item 6 due a potential conflict of interest through his former employer, National Core. CONSENT CALENDAR: 1.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings June 28, 2011 : City Clerk. 2.APPROVED WARRANTS ISSUED: Warrant Nos. 260047 - 260400; Wire Nos. 30002435 – 30002444 and 750 – 755; in the total amount of $5,365,552.71 : Finance. 6.APPROVED AGREEMENT WITH HARTZOG & CRABILL. INC. FOR PUBLIC ART PAINTING SERVICES IN THE AMOUNT OF $17,700: Community Development. 8.ADOPTED RESOLUTION NO. 11-7280, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE POLICE DEPARTMENT: Police Department. 9.ADOPTED RESOLUTION NO. 11-7281. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE CLASSIFICATION SPECIFICATIONS AND ESTABLISHING THE SALARY RANGE FOR THE POSITIONS OF NEIGHBORHOOD WATCH COORDINATOR AND ECONOMIC DEVELOPMENT MANAGER: Administration. 10.ADOPTED RESOLUTION NO. 11-7282, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY POLICE MANAGEMENT ASSOCIATION (July 1, 2011 – June 30, 2013): Administration. 12.UNDERGROUND UTILITY DISTRICT NO. 22 ON BELLFLOWER BOULEVARD FROM DALEN STREET TO APPROXIMATELY 900 FEET NORTH OF IMPERIAL HIGHWAY: Public Works. A. ADOPTED RESOLUTION NO. 11-7283, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO MODIFY THE BOUNDARIES OF UNDERGROUND UTILITY DISTRICT NO. 22 FROM ALONG THE WEST SIDE OF BELLFLOWER BOULEVARD FROM THE 1-105 FREEWAY TO APPROXIMATELY 900 FEET NORTH OF IMPERIAL HIGHWAY TO THE WEST SIDE OF BELLFLOWER BOULEVARD FROM DALEN STREET TO APPROXIMATELY 900 FEET NORTH OF IMPERIAL HIGHWAY AND CAUSING ALL SPECIFIED UTILITIES THEREIN TO BE RELOCATED UNDERGROUND; and B. SET JULY 26, 2011 AS THE PUBLIC HEARING DATE IN ACCORDANCE WITH SECTIONS 7501 AND 7502 OF THE DOWNEY MUNICIPAL CODE AND DIRECTED THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE AN ENGINEER’S REPORT ON THE ESTABLISHMENT OF SUCH DISTRICT. 13.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO SPEED LIMITS ON BELLFLOWER BOULEVARD AND STUDEBAKER ROAD: Public Works. City Council Minutes 07/12/1 1 -3- 14.ADOPTED ORDINANCE NO. 11-1286, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AGREEMENT FOR USE OF THE DOWNEY HIGH SCHOOL SWIMMING POOL BETWEEN THE CITY OF DOWNEY AND THE DOWNEY UNIFIED SCHOOL DISTRICT FOR A PERIOD OF TWENTY-FIVE (25) YEARS: Community Services It was moved by Council Member Guerra, seconded by Council Member Gafin, and unanimously carried, noting the abstentions of Mayor Pro Tem Brossmer on Item 14 and Council Member Vasquez on Item 6, to approve the remainder of the Consent Calendar items as presented ADMINISTRATIVE REPORTS: 15.APPROVE REQUIREMENTS FOR CANDIDATES TO THE COMMUNITY WALL OF FAME AND LOCATION OF THE WALL OF FAME: Community Services. Community Services Director Phillips advised Council requested staff to develop a list of requirements for a Community Wall of Fame. Requirements suggested included a Council appointed Wall of Fame Subcommittee with nominees going before the subcommittee and then being brought to the Council for majority approval; that current elected officials are not eligible for consideration; that a presentation must be made when nominations are made to the subcommittee; and that a calendar of when nominations can be accepted be publicized for the community. He noted he and Public Works Director Oskoui are proposing the area outside the Council Chamber that follows the contour of the curved Chambers’ building. After discussion by the Council, it was noted a majority did not want the General Fund to be utilized for the Community Wall of Fame and the Public Arts Fund was suggested; it was suggested a community committee be formed rather than a Council Subcommittee with each Council Member making two appointments Citywide; and putting a limit on the number of inductees annually Mr. Phillips was requested to review Downey Unified School District’s Hall of Fame criteria for inductees Mr. Phillips pointed out that he did review a Council Subcommittee versus a citizen committee and felt the discussion of someone’s merits and possible disagreement on acceptance might be avoided with the use of a Council Subcommittee Assistant City Manager Livas noted this item will be continued to the next meeting for additional review and information. 16.ART IN PUBLIC PLACES PROGRAM: Community Services. A. ADOPT RESOLUTION NO. 11-7284, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE “ART IN PUBLIC PLACES” POLICY MANUAL. Community Services Director Phillips advised that the City Council at its June 13, 2011 Council meeting modified the Art in Public Places policy manual, eliminating the Art in Public Places Advisory Committee. He noted the revised manual reflects the following changes: removal of the Advisory Committee; expansion of the definition of allowable art; establishment of a public art project minimum value of $30,000 for developers who wish to install public art on their property; and the recommendation that the Art in Public Places program be administered by the Community Development Department. He explained the process whereby projects begin in the Planning Department and the time involved before they go on to the Building Division where it is determined if they are eligible to pay the Art in Public Places fee. He advised the applicant’s architect is on board at the beginning of the process with Planning but has often left the project by the time the fee is City Council Minutes 07/12/1 1 -4- implemented. It is felt administration of the Art in Public Places by Community Development would allow for early review and integration of the artwork into the overall project design. Council Member Guerra referred to Page 8, 2. b), about the limitation of functional equipment and said he would like to delete the word benches. Kathryn Bode, resident and former member of the Art in Public Places Committee, spoke against the art murals proposed, stating murals require more upkeep. She stated she suggested the idea of allowing local artists to demonstrate their abilities in decorating the power boxes and was told it was a good idea but said it was never noted in the minutes of the Art in Public Places Committee. She felt the funds available for community art will be diminished at the hands of the Council and said it was her understanding that these funds were used to put up a decorative fence around the parking lot for Police Department personnel and questioned who considered this public art. Assistant City Manager Livas advised that no public art money was used for the fence around the Police Department parking lot. He also noted the changes in the Ordinance will allow local artists the opportunity to produce something for the City, as the line item stating it had to be a renowned artist was removed. Harold Tseklenis, resident, felt there was a discrepancy between the 1 percent art allocation fee for developments valued at $500,000 or more and the establishment of a public art project minimum value of $30,000 for developers who wish to install public art on their property. He also mentioned the handbook requires a recognized professional artist and questioned whether the painting of utility boxes should be called public art. It was moved by Council Member Guerra, seconded by Council Member Brossmer, and unanimously carried, with the deletion of 2. b) on Page 8 of the Policy Manual, to adopt a Resolution amending the “Art in Public Places” policy manual. OTHER BUSINESS: CONSENT ITEMS REMOVED: 4.APPROVED RATIFICATION OF GREEN TASK FORCE BYLAWS: Administration. Council Member Guerra asked if the bylaws include the recommendations from the original Green Task Force and Assistant City Manager Livas responded that they are included. It was moved Council Member Guerra, seconded by Council Member Gafin and unanimously carried to ratify the Bylaws for the Green Task Force. 5.APPROVED THIRD AMENDED JOINT EXERCISE OF POWERS AGREEMENT OF THE ORANGELINE DEVELOPMENT AUTHORITY; Administration. Council Member Guerra asked if the membership fee budgeted at $10,000 from Proposition A funds is an increase? He also requested an explanation of Item 2 of the staff report regarding removing the requirement to vote to admit new members. Mayor Marquez explained the City joined the authority as an opportunity for the CitY to have input regarding transit for the region. He noted the fees have gone UP over the Years and are based on the size of the community and the number of members in the Authority. He advised that Measure R has led to bringing this project forward as a true regional project with funding coming in for major studies. The Authority is at the stage of identifying stations and one of the proposed stations is in the Downey/south Gate area on the South Rancho Los Amigos property. He noted the agreement City Council Minutes 07/12/1 1 -5- presented allows the opportunity to expand and to discuss membership as the project moves forward. He said Measure R funding is slated for 2015 and noted the Authority is still looking at different types of transit systems City Attorney Abich Garcia explained the logic behind dispensing having the board approve new members. She noted the original Authority Board wanted to have control over the entry of new members as it was not sure where the rail line was going to fall or what cities were stake holders The Board now has a better sense of what cities will be impacted or will benefit and these are the Stakeholders identified in Exhibit A. She also referred to Page 8, (a) (1) of the agreement where it states eligible public entities and notes the Board has identified those eligible agencies on Exhibit A. Council Member Vasquez left the dais at 9:04 p.m. and returned at 9:06. It was moved by Council Member Vasquez, seconded by Council Member Gafin and unanimously carried to approve the Third Amended Joint Exercise of Powers Agreement of the Orangeline Development Authority. 7.APPROVED AMENDMENT TO SUBRECIPIENT AGREEMENT WITH BEYOND SHELTER FOR THE IMPLEMENTATION OF A HOMELESSNESS PREVENTION AND RAPID RE- HOUSING PROGRAM EXTENDING CONTRACT TO DECEMBER 30, 2011: Community Development Council Member Guerra asked what the $586,000 received for this program went towards and Community Development Director Saeki advised the basic rational is to help people who are victims of today’s current economic times. It is designed to get them back on their feet if they can show that within 90 days they can be self sustainable again. He noted there is just under $100,000 remaining in the program. He advised that Beyond Shelter administers the program through a set of guidelines and utility bills, rent and security deposits can be paid as part of the program. Council Member Guerra asked how residents find out about the program and Mr. Velasco advised that Beyond Shelter was instructed to meet with all pertinent service groups, such as the True Lasting Connections Program, PTA HELPS and different church groups to get the word out initially and now it is basically through word of mouth. Beyond Shelter has staff located at the Barbara Riley Center on Thursdays all day long to meet with clients to determine if they meet the criteria. It was noted if someone is homeless with no opportunity to be self sustainable with 3 months, the program cannot provide assistance Council Member Guerra asked Mr. Velasco for a report with more details showing how the City has helped and how the funds were spent. It was moved by Council Member Gafin, seconded by Council Member Guerra and unanimously carried to approve an Amendment to the Subrecipient Grant Agreement with Beyond Shelter which extends the term of the Agreement to December 30, 2011. STAFF COMMENTS: None ADJOURNMENT: The meeting adjourned at 9:19 p.m. to 6:30 p.m., July 26, 2011, in memory of City of Alhambra Police Officer Ryan Stringer who was killed in a traffic collision while responding to a robbery in progress. MJ bE DOYLE, $1terfm ;ity Clerk aRm City Council Minutes 07/12/1 1 -6-