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HomeMy WebLinkAboutMinutes 07-26-11 Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JULY 26, 2011 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:32 p.m., July 26, 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: July 12, 2011 . It was moved by Council Member/Commissioner Guerra, seconded by Mayor Pro Tem/Vice- Chairperson Brossmer, and so ordered by Mayor/Chairperson Marquez to approve the Closed Session Minutes from July 12, 2011. RECESSED TO CLOSED SESSION: Mayor/Chairperson Marquez announced the Council/Commission is recessing to Closed Session (6:33 p.m.) to discuss matters under the authority of the following section of the Government Code: 1 2 3. 4. Government Code Section 54956.9(c) – Conference with legal counsel – initiation of litigation, one potential case. Government Code Section 54957 – Public Employment - City Clerk. Government Code Section 54957.6 – Conference with labor negotiator Gilbert Livas re: labor matters with unrepresented employees (Executive Management, Middle Management and Confidential/Exempt positions). Government Code Section 54957.6 – Conference with labor negotiators Yvette Abich Garcia/Irma Youssefieh re: direction for labor negotiations with Downey City Employees’ Association – Maintenance Unit, Downey Public Safety Auxiliary Association and Downey Fire Management Association. City Council Minutes (adj,) 07/26/1 1 -1- RECONVENED: The meeting reconvened in Open Session at 7:33 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, 2, 3 and 4. The meeting recessed at 7:34 p.m. with all Council Members/Commissioners present The meeting reconvened at 8:50 p.m. and immediately recessed to Closed Session with all Council Members/Commissioners present. The meeting reconvened in Open Session at 9:00 p.m. with all Council Members/ Commissioners present. City Attorney/Agency Counsel Abich Garcia announced on Item 1. that the City Council voted 3 in favor, with Council Member/Commissioner Guerra voting no and Mayor/ Chairperson Marquez abstaining due to a conflict of interest, to initiate litigation against the State of California, Governor of California, Director of California Department of Finance, State Controller and the Los Angeles Auditor/Controller. There were no further Closed Session actions to report. ADJOURNMENT: The meeting adjourned at 9:01 p.m LL Hmmm ci fM a lirperson City Council Minutes (adj.) 07/26/1 1 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING July 26, 2011 The City Council of the City of Downey held a Regular Meeting at 7:37 p.m., July 26, 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 Shannon DeLong, Assistant to the City Manager Rick Esteves, Police Chief Alvin Lam, Computer Systems 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 Vasquez recognized Lee Ann Sears from the Emergency Preparedness Committee; Tom Houts, Kiwanis Club President; noted he attended the Downey Sister Cities Association Installation Dinner; and requested enforcement of illegal street vendors on Sundays in the area of Our Lady of Perpetual Help Catholic Church on Downey Avenue. Council Member Gafin advised that he and Council Member Guerra attended a neighborhood watch group on Lakewood Boulevard in a large apartment complex; attended the groundbreaking ceremony at the Downey Gateway project; attended the demolition ceremony for the old Verizon building; and on Friday attended the Downey Chamber of Commerce’s anniversary luncheon. He recognized the Chamber’s President-Elect Patti Kotze in the audience. Council Member Guerra recognized John Harris, Principal of Warren High School and Kim Tachiki, Field Deputy from Congresswoman Roybat-Allard’s office in the audience. He mentioned attending neighborhood watch groups and noted at the one on Pellet Street, Emergency Preparedness Manager Mark Sauter presented an emergency preparedness session. He noted crime and the City’s new water rates were also discussed. He mentioned the effects of cutbacks in Sacramento and noted they have caused a senior daycare center in the City, AltaMed Health Services, to close seven of their centers. City Council Minutes 07/26/1 1 -1- Mayor Marquez thanked everyone for attending the Council Meeting. He mentioned he attended the Downey Chamber of Commerce’s installation ceremony last week. He pointed out one of the Mayor’s and Council's priorities has been to keep up with the redistricting situation for the State Assembly, State Senate and House of Representative and advised the City has requested to be in one district for each of these government branches. He thanked the citizens who sent messages of support and those who attended the redistricting meetings and also thanked Council Member Guerra for sending a letter. He explained the redistricting commission will release the final maps on Friday, July 29, and there will be another opportunity for comments, with final maps to be released on August 15. He mentioned attending the Verizon building demolition, which will allow a quality housing project to be part of the downtown revitalization program and commended staff who worked on the project PRESENTATIONS: Mayor Marquez, along with Parents of the Year Coordinator, Martha Michaels, presented Proclamations to Parents of the Year, Brian and Doretha Archer from Downey High, Mark and Cathy Caswell from Warren High and Sharon O’Connor from St. Matthias High. Kim Tachiki from Congresswoman Lucille Roybal-Allard’s office also attended and presented certificates on behalf of the Congresswoman. PUBLIC HEARINGS: 1.PROPOSED DOWNEY MUNICIPAL CODE AMENDMENT PROHIBITING MEDICAL MARIJUANA DISPENSARIES: Community Development A. INTRODUCED 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. Mayor Marquez opened the Public Hearing at 8:07 p.m. Interim City Clerk Doyle affirmed receipt of Proof of Publication. It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Gafin and so ordered by the Mayor to receive and file. There was no correspondence received Director of Community Development Saeki advised this Ordinance would prohibit the establishment of marijuana dispensaries in the City. He noted on November 10, 2009 the City put in place a moratorium on marijuana dispensaries due to conflicts between State and Federal laws. The moratorium was extended for 10 months and 15 days on December 15, 2009 and was extended for another year on October 26, 2010 due to pending litigation. The resulting lawsuits justified cities’ rights to prohibit these facilities and staff is recommending that Council introduce the Ordinance There being no speakers, it was moved by Council Member Guerra, seconded by Mayor Pro Tem Brossmer and so ordered by Mayor Marquez to close the Public Hearing, the time being 8:09 p.m. Council Member Guerra stated he wanted to go on record that he strongly opposes the way medical marijuana is handled in the State of California. He would be in favor if medicinal marijuana was properly handled at a drug store like other prescriptions but is opposed to having a medical marijuana dispensary in the City. It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Guerra and unanimously carried to introduce the Ordinance. City Council Minutes 07/26/1 1 -2- 2.MODIFYING THE BOUNDARIES OF 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. 11-7285, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY MODIFYING 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. Mayor Marquez opened the Public Hearing at 8:10 p.m. The City Clerk affirmed receipt of Proof of Publication. It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Gafin and so ordered to receive and file. There was no correspondence received. Public Works Director Oskoui noted the widening of Imperial Highway at the Bellflower Boulevard intersection is for purpose of adding right and left turn pockets and is included in the City’s 2011-2012 capital improvements program. He advised staff has completed the design plans and is in the process of acquiring the necessary right of way at the intersection. He also advised that this creates the opportune time to first proceed with formation of the underground district to avoid the conflict usually experienced during construction of the roadway improvements. At the July 12, 2011 Council Meeting, Resolution 11-7283 was adopted declaring the City’s intension to modify the boundaries of Underground Utility District No. 22. These boundaries were approved last year but during the design process it was figured the boundaries did not have to go as far south and were also reduced northbound. He advised that the Public Utilities Commission (PUC) requires the City to redefine the boundaries, which is what is before Council tonight. This project is being completed as part of Rule 20B as defined by the PUC, which means there is a cost sharing formula between Southern California Edison and the City. He noted the projected City cost is $815,000 and this is budgeted as part of the roadway improvement project. There being no speakers, it was moved by Council Member Guerra, seconded by Council Member Vasquez and so ordered to close the Public Hearing, the time being 8:15 p.m. It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Gafin and unanimously carried to adopt the Resolution modifying the boundaries of underground utility District No. 22 and causing all specified utilities therein to be relocated underground. NON-AGENDA PUBLIC COMMENT: Margarita Rogers, resident, thanked the Council for closing the meeting in memory of her husband Jerry who recently passed away. He loved Downey very much and was very fond of the City Council. CONSENT ITEMS REMOVED: 7.APPROVE HOSTING OF THREE CITY EVENTS TO INVOLVE OUTLYING DOWNEY NEIGHBORHOODS AND APPROPRIATE $5,000 FOR SUPPLIES AND MATERIALS: Administration. This item was pulled by Council Member Guerra and is listed under Other Business below. City Council Minutes 07/26/1 1 -3- 8.ADOPT RESOLUTION NO. 11- . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE CLASS SPECIFICATIONS AND ESTABLISHING THE SALARY RANGE FOR THE POSITIONS OF EMERGENCY PREPAREDNESS COORDINATOR AND SENIOR MANAGEMENT ANALYST: Administration. This item was pulled by Council Member Guerra and is listed under Other Business below. Council Member Vasquez announced he would be abstaining on Item 5 as his home is within 500 feet of one of the streets being repaved as part of this project. CONSENT CALENDAR: 3.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings July 12, 2011 : City Clerk 4.APPROVED WARRANTS ISSUED: Warrant Nos. 260401 - 260713: Wire Nos. 30002446 – 30002454 and 756 – 761; in the total amount of $3,468,472.94: Finance 5.CASH CONTRACT NO. 633 – SLURRY SEAL PROJECT AREA “B” AND REMAINDER OF AREA “A”: APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS: Public Works. 6.APPROVED RENEWAL OF AGREEMENT WITH GLOBAL LEARNING. INC. TO PROVIDE TRAINING SERVICES FOR THE ASPIRE AFTER SCHOOL PROGRAM FOR INFORMATION, RECREATION AND EDUCATION IN THE AMOUNT OF $42,525: Community Services. 9.ADOPTED RESOLUTION NO. 11-7287, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE CITY COUNCIL OFFICE: City Clerk 10.ADOPTED ORDINANCE NO. 11-1287, 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. It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Gafin, and unanimously carried to approve the remainder of the Consent Calendar items as presented, noting the abstention of Council Member Vasquez from Item 5 ADMINISTRATIVE REPORTS: 11.DIRECTED STAFF TO ASSIST WITH THE PERTUSSIS (WHOOPING COUGH) VACCINATION EVENTS FOR DOWNEY MIDDLE AND HIGH SCHOOL STUDENTS: Administration. Mayor Pro Tem Brossmer noted he would be abstaining due to working for the Downey Unified School District and left the dais, the time being 8:19 p.m. Assistant to the City Manager DeLong noted the State passed a law this summer requiring high school and middle school students to receive a Pertussis (Tdap) booster shot, which is a whooping cough shot. Since the City has experience putting on large scale vaccination events, the School District has asked for its assistance. Assistance would be in coordinating the events and coordinating donations of supplies as well as obtaining the grants from the County for the free vaccines for the students City Council Minutes 07/26/1 1 -4- It was moved by Council Member Guerra, seconded by Council Member Gafin and carried 4-0, to direct staff to assist with the coordination of free Pertussis vaccination events for Downey middle and high school students, noting the abstention of Mayor Pro Tem Brossmer, Mayor Pro Tem Brossmer returned to the dais at 8:21 p.m. 12.AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE II (“ADMINISTRATION”) OF THE DOWNEY MUNICIPAL CODE BY ADDING CHAPTER 11 ADOPTING LOCAL CAMPAIGN FINANCE REFORM REGULATIONS: City Attorney City Attorney Abich Garcia noted the Ordinance submitted is a more solidified Ordinance based on Council comments during a previous meeting regarding local campaign finance reform regulations. The Council can make further comments or, if there are no changes, the Ordinance can be introduced for a first reading. After discussion by the Council, the City Attorney noted the following changes to the proposed Ordinance: Section 2943. Campaign Contribution Limitations, B, 3. The first sentence would read: The contribution limits established in this Section shall be automatically adjusted annually following the November, 2012 election, based on the increase in the Los Angeles-Long Beach-Anaheim, All Urban Consumers, Consumer Price Index for the prior twelve (12) month period ending on August 31 or $500 whichever is less. She noted the same change Section 2945 D, same language after August 31, add the language $500 or whichever is less. Section 3 would read this Ordinance shall become effective and enforceable on January 1, 2012 and Section 3 will change to Section 4 Mayor Marquez requested clarity as to whether existing campaign debt would fall under the previous guidelines or would be included in the new guidelines. Upon discussion by the Council, City Attorney Abich Garcia suggested continuing the item to allow her time to prepare language related to paying off prior debt before being required to comply with the new guidelines. It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Gafin and unanimously carried to continue the introduction of the Ordinance to allow the City Attorney to bring back additional language. OTHER BUSINESS: CONSENT ITEMS REMOVED: 7.APPROVED HOSTING OF THREE CITY EVENTS TO INVOLVE OUTLYING DOWNEY NEIGHBORHOODS AND APPROPRIATE $5,000 FOR SUPPLIES AND MATERIALS: Administration. Council Member Guerra stated he felt the expenditure of $5,000 from the general fund was a lot. City Manager Caton advised the plan is to have hamburgers and hot dogs for an estimated 17,000 residents but if there is a lower turnout, the amount will be less Mayor Pro Tem Brossmer asked if donations can be solicited. Mayor Marquez envisioned asking people to assist but noted a budget still needs to be in He felt $5,000 to reach out to residents is a great investment for the City.place. City Council Minutes 07/26/1 1 -5- It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Gafin and unanimously carried to approve of the hosting of three City events and appropriate $5,000 for supplies and materials. 8.ADOPTED RESOLUTION NO. 11-7286, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE CLASS SPECIFICATIONS AND ESTABLISHING THE SALARY RANGE FOR THE POSITIONS OF EMERGENCY PREPAREDNESS COORDINATOR AND SENIOR MANAGEMENT ANALYST: Administration. Council Member Guerra said he wanted to make sure proper attention is paid to this position and that it is not a clerical but is a proactive position to facilitate and coordinate in the event of a disaster Fire Chief Croom said the Fire Department has done a great job preparing the citizens for such an event and the priority is to prepare the organization, the EOC, Department Heads and City Government, to lead the effort in the case of a disaster. He noted it is highly important that the person selected to this position has Federal Emergency Management Association (FEMA) experience and administration experience in coordinating. City Manager Caton advised, if the City does not find the right individual through the recruitment process, it will be brought back to Council. It was moved by Council Member Guerra, seconded by Mayor Pro Tem Brossmer and unanimously carried to adopt the Resolution. STAFF COMMENTS: None The meeting recessed to Closed Session at 8:51 p.m. and reconvened at 9:00 p.m. with all Council Members present. ADJOURNMENT: The meeting adjourned at 9:01 p.m. to 6:30 p.m., August 9, 2011, in memory of Jerry Rogers, longtime Downey resident and former Unity in the Community group leader. ,'’ *\ \_ .._ -q L)_ _- VLE, IRenn Cim City Council Minutes 07/26/1 1