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HomeMy WebLinkAbout02. Minutes - 08-09-11 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING August 9, 2011 The City Council of the City of Downey held a Regular Meeting at 7:37 p.m., August 9, 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 Mayor Roger C. Brossmer Mayor Pro Tem David R. Gafin excused Mario A. Guerra Fernando Vasquez excused 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 Stephen Garza, Police Chief Maurina Lee, Finance Manager 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 Guerra advised that he, Council Member Vasquez, Community Development Director Saeiki and Los Angeles County Supervisor Don Knabe, representing the Metropolitan Transportation Authority (MTA), toured Downey company E-bus, which produces hydrogen fuel and alternative fuel cells for buses, noting the MTA is looking into the possibility of converting many of its buses to alternative fuel. He noted he is on the Transportation Committee for the Southern California Association of Governments (SCAG) and advised SCAG has begun the process for its regional transportation plan. He attended a Southeast Water Coalition meeting and noted the Board wrote a letter to Audit Chair of the State Assembly, Assembly Member Ricardo Lara, requesting an audit of the Central Basin Municipal Water District; attended an editorial board for La Opinion newspaper regarding a bill by Senator Vargas from San Diego, Senate Bill 645, that the City opposes; and attended a neighborhood watch meeting. He mentioned Downey’s concerts in the park series is one of the longest running in California and gave kudos to its sponsors: Downey Party Rentals, CareMore, Kaiser Permanente, Downey Rose Float Association, Whittier Presbyterian Hospital, Downey Federal Credit Union, CalMet Services, All American Home Center, Jerry and Sue Klein, Robert and Jean Brazelton, Downey City Employees Miscellaneous Unit, Ron and Jean Williams, Downey Los Amigos Kiwanis Club and media sponsor, the Downey Patriot. He requested updates from staff on previous requests regarding walking/bike paths, a list of City assets, information regarding requests for proposals (RFP’s) on the City’s insurance contracts, and a report on the City’s investments. -1- City Council Minutes 08/09/11 Mayor Pro Tem Brossmer commended staff for the mural on Downey Avenue in front of the Avenue Theater; mentioned the demolition of the Verizon Building on Second Street; noted he was on vacation last week with his family and visited the State Capitol in Sacramento and thanked Senator Lowenthal for giving his family a tour; thanked Council Member Guerra for attending the Southeast Water Coalition meeting as his alternate; and mentioned the upcoming Blue Mass at Our Lady of Perpetual Help Catholic Church honoring firefighters and police officers on September 8 at 8:30 a.m. Mayor Marquez thanked everyone for attending the meeting; recognized Los Angeles County Assessor John Noguez in the audience; mentioned his second Mayor Presents event Thursday, August 11, at 6:00 p.m. in the Council Chambers, titled meet your elected officials, with Congresswoman Roybal-Allard, Senator Alan Lowenthal, and Assembly Member Ricardo Lara confirmed; attended a League of California Cities meeting last week where new President Bruce Barrows from the City of Cerritos was installed; and attended a Gateway Cities Council of Governments (COG) meeting last Wednesday. PRESENTATIONS: Presentation by newly elected Los Angeles County Assessor John Noguez. Mayor Marquez introduced Assessor Noguez stating he is a former Mayor/Council Member from the City of Huntington Park, past President of the Los Angeles Division of the League of California Cities and member of the California Contract Cities Association. He noted Assessor Noguez has made a commitment to visit every City in Los Angeles County to speak about his office and his goals. Assessor Noguez explained that the Assessors office is the official valuation arm and values property but is not the tax collector or the auditor. He submitted folders to the Council and staff containing information about his office and noted his office provides educational forums. He introduced staff members, Martha Castaneda Guzman and Robert Moraz, and noted they are available to attend community fairs, groups, etc. to provide information. He also noted his website where constituents can fill in forms or send in requests. PUBLIC HEARINGS: 1. PROPOSED RATE ADJUSTMENT BY CALMET SERVICES, INC. FOR SOLID WASTE SERVICES: Public Works. A. ADOPTED RESOLUTION NO. 11-7288, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A RATE ADJUSTMENT FOR SOLID WASTE SERVICES TO RESIDENTIAL AND COMMERCIAL CUSTOMERS. opened the Public Mayor Marquez Hearing at 8:01 p.m. Interim City Clerk Doyle affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tem Brossmer, seconded by Council receive and file. Member Guerra and so ordered by Mayor Marquez to Interim City Clerk Doyle noted correspondence was received from Gil Hille and was enclosed in the Council’s packets. Public Works Director Oskoui explained the City contracts out for the collection of solid waste and recycling with CalMet Services and is currently in a 10 year term from 2006. He pointed out there was an amendment to the contract in 2009 extending the term to 2016 and putting into place a mechanism for a rate adjustment formula whereby the contractor is allowed to submit a request for a rate adjustment once a year by a certain date in January, with the adjustment going into effect on April 1 of that year. Due to the current rate adjustment not going into effect until August 10 of this year, there will also be an inclusion of an adjustment to cover lost revenue from April 1 to August 10. The actual rate increase is calculated at 5.58 percent for single family and multi-family units from 2 -2- City Council Minutes 08/09/11 to 4 units, with the inclusion of an additional 3.16 percent to recoup the lost revenue, which totals an 8.74 percent increase. He mentioned the rate adjustment for multi-family units of 5 or more and commercial service is 4.39 percent, with an added 2.44 percent to recoup lost revenues from April 1 to August 10, which totals a 6.83 percent increase. He noted if there is a rate adjustment requested in 2012, it will be considered from this year’s base rate adjustments of 5.58 and 4.39 percent. As part of the contract the City will do a rate study analysis in 2012 and will look at all provisions and cost components of the contract, which then becomes the basis for the remaining years’ increases in cost for this service. There being no speakers, it was moved by Mayor Pro Tem Brossmer, seconded by Council close the public hearing, the time being Member Guerra and so ordered by Mayor Marquez to 8:08 p.m. Mayor Pro Tem Brossmer mentioned the rate study analysis is a key component and said the City wanted to make sure it was reasonable for both sides. Mayor Marquez agreed and noted the other component was the quality aspect for residents and businesses. It was moved Mayor Pro Tem Brossmer, seconded by Council Member Guerra and carried adopt the Resolution 3-0, noting the absence of Council Members Gafin and Vasquez, to approving a rate adjustment for solid waste services to residential and commercial customers . NON-AGENDA PUBLIC COMMENT: Alex Gaytan, member of the Kiwanis Club’s Green Team, a group of students meeting over the summer to perform community projects focusing on the environment and teaching the kids to be active and know that they have a voice. Margarita Hernandez thanked the Council for doing a great job in reducing graffiti and also noted some parks have bags for owners to pick up their dog waste. Liliana Rodriguez thanked the City for hiring Carol Rowland who has dedicated time to assist the group in planting a garden near their school with plants that are drought tolerant. Ryan Flores noted there is a lot of dog poop in his area because owners don’t pick it up and he suggested the City post signs with the Municipal Code section to inform them. No name given, student stated seeing a lot of cigarette butts near Lakewood Boulevard and hoped to see the City’s rules enforced. Salvadore Ajunio advised that abandoned furniture is an issue in his area and they have called for picked up. Veronica Amezcua asked why the City can’t stop the use of plastic bags. She noted Carol Rowland and Lars Clutterham taught that they harm sea life and they don’t decompose. Karina Gonzalez read a speech about the harmful affects of smoking and from second hand smoke, also litter from cigarette butts on the ground, in the sewers and in the oceans, and the fact that smoking adds to air pollution. Brenda Lopez asked why we create awareness of enforcing how illegal it is to smoke in public places but have allowed a Hookah bar to open between two high schools which promotes smoking indoors and is much worse. -3- City Council Minutes 08/09/11 John Lacey mentioned comments from Assessor Noguez about Proposition 13 and the assessments and stated people should be aware that the definition of market value is the sales price or the assessors value, whichever is highest. He mentioned the debt crisis and suggested Council consider adopting a resolution encouraging our national leaders to try to resolve the issues at hand whether it is cutting taxes, increasing revenues or both and to act in a timely fashion. He thought this would be good to discuss at the Mayor’s event on Thursday. He noted the adjournment tonight does not recognizing the Navy Seals who perished recently in Afganistan. Council Member Guerra noted the tragedy happened after the Agenda was posted. CONSENT ITEMS REMOVED: CONSENT CALENDAR: 2. APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings July 26, 2011: City Clerk. 3. APPROVED WARRANTS ISSUED: Warrant Nos. 260714 - 261166; Wire Nos. 30002445 – : 30002464 and 762 – 773; in the total amount of $6,664,124.17 Finance. 4. APPROVED DISSOLVING THE LAKEWOOD BOULEVARD SUBCOMMITTEE: Public Works. 5. APPROVED AGREEMENT WITH CIR, INC. FOR PROFESSIONAL PLAN REVIEW, BUILDING INSPECTION, AND STAFFING SERVICES: Community Development. 6.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY FIRE MANAGEMENT ASSOCIATION (July 1, 2011 – December 31, 2012): Administration. 7. 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. 8.ADOPTED RESOLUTION NO. 11-7289, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE SUBMISSION OF A GRANT APPLICATION FOR THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT DISCRETIONARY GRANT PROGRAM: Administration. 9. ADOPT ORDINANCE NO. 11-1288, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION AND APPROVING A CODE AMENDMENT TO AMEND ARTICLE IX, SECTIONS 9138, 9146, 9152, 9154 AND ADD SECTION 9428 OF THE DOWNEY MUNICIPAL CODE TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES: . Community Development Council Member Guerra advised he will be voting no on Items 6 and 7. It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Guerra, and approve the remainder of the Consent Calendar unanimously carried, 3-0, to items as presented, noting the absence of Council Members Gafin and Vasquez, and noting Council Member Guerra voted no on Items 6 and 7. -4- City Council Minutes 08/09/11 Upon later clarification, Resolutions require the affirmative votes of at least 3 Council Members, so Items 6 and 7 will be continued to the next Council meeting for consideration by the full Council. ADMINISTRATIVE REPORTS: 10. APPROVE REQUIREMENTS FOR NOMINEES TO THE COMMUNITY WALL OF FAME, LOCATION OF THE WALL OF FAME; AND APPROPRIATE UP TO $20,000 FROM THE ART IN PUBLIC PLACES FUND FOR DESIGN AND CONSTRUCTION OF THE WALL: Community Services. Community Services Director Phillips advised staff was given direction at the July 12 Council Meeting to bring this item back. One request given was to include a 10 member citizen review committee to review nominations that could be received from the community. Those nominations would then be referred to a City Council subcommittee and the Council subcommittee would submit the names for final approval to the Council. The remainder of the recommendations remain the same. The recommended action is to approve the concept of a community wall of fame, the location which would be outside the Council Chambers across from the Police Department and appropriate up to $20,000 from the Arts in Public Places fund for the construction of the wall. Harold Tseklenis, resident, suggested the City Attorney review the Art in Public Places Ordinance to see if it in fact explicitly permits the diversion of funds that are raised specifically for fine art. City Attorney Abich Garcia advised she did review this issue to make sure it conforms to the City’s regulations and said the Ordinance has a larger body of policies which were revised recently and one thing added was that the Art in Public Places regulations not restrict the City Council’s ability to initiate public art projects on public property. This project would fit the regulation recently added as long as there was some artwork and criteria connected with the regulations. The Council, through the regulations, are permitted to initiate art projects on public property and to use the funding. Mr. Tseklenis said he had no argument that the Council can expend funds on art projects but suggested it look at what is defined as fine art to see if this wall comes under the criteria of fine art. City Attorney Abich Garcia responded that she has reviewed the project and components under the regulations of what is art work and found that they are incorporated in this project. After further discussion by the Council, it was moved by Mayor Pro Tem Brossmer, seconded approve requirements for nominees to the by Council Member Guerra and carried 3-0 to community wall of fame, location of the wall of fame and appropriate up to $20,000 from the Art in Public Places Fund for design and construction of the wall. 11. PROVIDE DIRECTION TO STAFF REGARDING THE PROHIBITION OF SMOKING IN PUBLIC PLACES IN THE CITY: Community Development. City Manager Caton suggested continuing this item to another meeting due to the Council Member requesting the item not being present. After further comments by the Council, it was moved by Mayor Marquez, seconded by Mayor Pro Tem Brossmer and carried 2-1, with Council Member Guerra voting no, to continue the item. -5- City Council Minutes 08/09/11 OTHER BUSINESS: 12. ADOPTED RESOLUTION NO. 11-7290, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING VOTING DELEGATE AND ALTERNATE(S) FOR LEAGUE OF CALIFORNIA CITIES CONFERENCE, SEPTEMBER 21-23, IN SAN FRANCISCO: Mayor Marquez. Mayor Marquez requested that the Council designate him to serve as the Council’s Voting Delegate at the upcoming League of California Cities conference and Council Member Guerra volunteered to serve as the Alternate. It was moved by Council Member Guerra, seconded by Mayor Pro Tem Brossmer and adopt the Resolution carried 3-0, noting the absence of Council Members Gafin and Vasquez, to designating Mayor Marquez as the Voting Delegate and Council Member Guerra as the Alternate for the League of California Cities Annual Conference, September 21-23, in San Francisco . STAFF COMMENTS: City Manager Caton asked for the date for the Police Memorial event and was informed it is September 22. Mayor Marquez advised he would be able to attend as the business meeting for the League Conference is on September 23. Mayor Pro Tem Brossmer requested information on another celebration coming up and th Community Services Director Phillips advised that a 10 Anniversary concert will be held in memory of those who perished in the September 11, 2001 terrorist attacks will be held on Sunday, September 11, at Furman Park, at 4:00 pm. ADJOURNMENT: Mayor Marquez called for a moment of silence in honor ofthe Navy Seals who passed away last weekend when their helicopter crashed in Afghanistan, noting Jonas Keisall, son of John Keisall, President of The Greater Lakewood Chamber of Commerce was one of those who perished. He noted the Council will formally adjourn in their memory at the next Council Meeting. The meeting adjourned at 8:43 p.m. to 6:30 p.m., to August 23, 2011. ___________________________________ ____________________________ JOYCE E. DOYLE, Interim City Clerk LUIS H. MARQUEZ, Mayor -6- City Council Minutes 08/09/11