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HomeMy WebLinkAboutMinutes 08-23-11 Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING AUGUST 23, 2011 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:30 p.m., August 23, 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 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: August 9, 2011. It was moved by Mayor Pro Tem/Vice-Chairperson Brossmer, seconded by Council Member/ Commissioner Guerra, and so ordered by Mayor/Chairperson Marquez to approve the Closed Session Minutes from August 9, 2011, noting the abstentions of Council Members/Commissioners Gafin and Vazquez. 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 54957.6 – Conference with labor negotiators Yvette Abich Garcia/Irma Youssefieh re: direction for labor negotiations with Downey Public Safety Auxiliary Association 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 there was no reportable action. City Council Minutes (adj.) 08/23/1 1 -1- ADJOURNMENT: The meeting adjourned at 7:32 p.m. Q ’LE, Interim CityfEn lerk/Secretary LUIS H MARQUEZ, Ma#f/C 'erson City Council Minutes (adj.) 08/23/1 1 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING August 23, 2011 The City Council of the City of Downey held a Regular Meeting at 7:35 p.m., August 23, 2011, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue1 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 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 Adria Jimenez, Consultant, City Clerk’s Office Other City Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Council Member Vasquez advised last week he attended the Southeast Los Angeles County Workforce Investment Board (SELACO WIB) board meeting; recognized Recreation and Community Services Commissioner Lee Ann Sears and newly elected School Board Member Tod Corrin Council Member Gafin reported on the following upcoming events: Wednesday night’s Concert in the Park with the Marine Corps Band; the 9/1 1 tribute at Furman Park on Sunday, September 1 1, from 4:00 p.m. – 7:00 p.m., noting first responders will be in attendance, with a concert immediately following; and, mentioned the Community Services guide highlighting upcoming shows at the Downey Civic Theatre. Council Member Gafin advised VenueTech Management Group is now managing the Theatre and stated the season starts on November 5, 2011, with the 1970’s icon band America. Council Member Guerra welcomed former Mayor Meredith Perkins from District 2 who serves as the City’s representative to the Greater Los Angeles County Vector Control District; advised he attended neighborhood watch groups in the areas of Crossdale Avenue and Donovan Street; mentioned two new groups on Dunrobin Avenue and on Rio Hondo Drive; and, reported on his ride- along with the Police Department on Friday night and commended the police officers for their handling of difficult situations. Council Member Guerra stated he took his 12-year old son to the Museum of Tolerance and encouraged residents to visit this museum; advised the City’s Red Cross City Council Minutes 08/23/1 1 -1- Blood Drive is Thursday; and, proclaimed Friday, August 26, 2011, as “Dr. Mary Stauffer Day,” in recognition of her 94th birthday Mayor Pro Tem Brossmer recognized Downey School Board Member Tod Corrin in the audience. He stated he is happy with the direction of the Downey Civic Theatre and the first four shows VenueTech Management Group has scheduled. Mayor Pro Tem Brossrner advised September 8th is the Blue Mass at Our Lady of Perpetual Help Church; provided information on the 9/1 1 event at Furman Park; the dedication of the Police Memorial on September 22, 2011 ; and, the Taste of Downey on September 30, 2011. Mayor Marquez thanked everyone in the audience for attending the meeting tonight PRESENTATIONS: Chief Esteves introduced newly promoted Police Sergeant Perry Miller and provided a brief background on his career with the City of Downey. Sergeant Miller thanked the City Council, City staff and his family for support and positively commented on the Downey community and staff, Mayor Marquez congratulated Sergeant Miller on his promotion Mayor Marquez presented a Proclamation recognizing August as Spinal Muscular Atrophy Awareness Month to Brenda Barbarena and Julie Prendez Truc Dever, Director of Community Affairs with the Greater Los Angeles County Vector Control District, presented a PowerPoint presentation on the serious health threat from the West Nile Virus, noting the District is anticipating more human cases this year due to a peak in the epidemic and is working on outreach efforts to provide information for the public PUBLIC HEARINGS: 1.CONFORMANCE WITH THE METROPOLITAN TRANSPORTATION AUTHORITY’S CONGESTION MANAGEMENT PROGRAM: Community Development. A. ADOPTED RESOLUTION NO. 11-7291, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. Mayor Marquez opened the Public Hearing at 8:11 p.m. Interim City Clerk Doyle affirmed receipt of Proof of Publication. It was moved by Council Member Gafin, seconded by Council Member Guerra and so ordered by the Mayor to receive and file. There was no correspondence received Community Development Director Saeki noted this is an annual Resolution which allows the City to self-certify and adopt the Metropolitan Authority’s Congestion Management Program for June 1, 2010 through May 31, 2011. Mr. Saeki stated staff is recommending adoption There being no speakers, it was moved by Mayor Pro Tem Brossmer, seconded by Council Member Guerra and so ordered to close the Public Hearing, the time being 8:13 p.m. It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Gafin and unanimously carried to adopt the Resolution. City Council Minutes 08/23/1 1 -2- NON-AGENDA PUBLIC COMMENT: No one came forward to speak. CONSENT ITEMS REMOVED: 6.APPROVE STREET CLOSURE AT THE INTERSECTION OF CIVIC CENTER DRIVE AND THIRD STREET FOR THE 2011 TASTE OF DOWNEY TO BE HELD SEPTEMBER 30. 2011: Community Development. This item was pulled at the request of Council Member Vasquez and is listed under Other Business below. 10.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 pulled at the request of Mayor Pro Tem Brossmer and is listed under Other Business below. Council Members Gafin and Vasquez announced they would be abstaining on Item No. 2 as they were not in attendance at the August 9, 2011, Council Meeting. CONSENT CALENDAR: 2.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings August 91 2011 : City Clerk. 3.APPROVED WARRANTS ISSUED: Warrant Nos. 261167 - 261488; Wire Nos. 30002455 - 30002473 and 774- 780; in the total amount of $5.428,631.95: Finance. 4.CASH CONTRACT NO. S.S. 626 – SLURRY SEAL PROJECT AREA “A”; ACCEPTED IMPROVEMENTS AND APPROVED FINAL CONTRACT AMOUNT OF $1451735.96; AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF COMPLETION: Public Works. 5.CASH CONTRACT NO. S.S. 620 – ANNUAL MISCELLANEOUS CONCRETE CONSTRUCTION AND REPAIR: APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS: Public Works. 7.APPROVED AGREEMENT WITH DOWNEY YMCA TO LEASE CITY-OWNED PROPERTY FOR A CHRISTMAS TREE LOT AT 9066 FIRESTONE BOULEVARD: Community Development. 8.ADOPTED RESOLUTION NO. 11-7292, A 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, 2010 – December 31, 2012): Administration. 9.ADOPTED RESOLUTION NO. 11-7293, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES’ ASSOCIATION – MAINTENANCE UNIT (November 1 , 2010 – March 31, 2012): Administration. 11. ADOPTED RESOLUTION NO. 11-7294, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE FIRE DEPARTMENT: Fire Department. City Council Minutes 08/23/1 1 -3- 12. ADOPTED RESOLUTION NO. 11-7295, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE FINANCE DEPARTMENT: Finance It was moved by Council Member Guerra, seconded by Council Member Gafin, and unanimously carried, to approve the remainder of the Consent Calendar items as presented, noting Council Member Guerra voted no on Items 8 and 9; and, the abstention of Council Members Vasquez and Gafin on Item 2. ADMINISTRATIVE REPORTS: 13. INTRODUCED 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 The City Attorney advised this is a continuation item from the previous meeting and the requested changes have been made. City Attorney Abich Garcia summarized the minor changes as noted in the staff report Mayor Marquez advised the changes regarding previous campaign debt have been addressed. He stated the Council set campaign finance reform as one of their objectives for the year and believes by adopting this Ordinance the City Council has fulfilled their commitment and set high standards for the City. It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Gafin and unanimously approved to introduce the Ordinance. RECONVENE THE COMMUNITY DEVELOPMENT COMMISSION MEETING FOR A JOINT SESSION WITH THE CITY COUNCIL: Chairperson Marquez reconvened the Community Development Commission at 8:19 p.m, , for a joint session with the City Council. All Commissioners were present, CITY COUNCIL ACTION: 14.ADOPTION OF ORDINANCES COMPLYING WITH PROVISIONS OF ASSEMBLY BILL IX 27 (”AB IX 27”) AND ELECTING TO IMPLEMENT PARTICIPATION BY THE CITY OF DOWNEY: Community Development. A. ADOPTED ORDINANCE NO. 11-1289. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY TO ELECT AND IMPLEMENT PARTICIPATION BY THE CITY OF DOWNEY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY IN THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY. B. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY TO ELECT AND IMPLEMENT PARTICIPATION BY THE CITY OF DOWNEY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY IN THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY. City Council Minutes 08/23/1 1 -4- C. AUTHORIZED THE CITY’S FINANCE DIRECTOR, IN CONSULTATION WITH THE EXECUTIVE DIRECTOR, TO MAKE THE VOLUNTARY PROGRAM PAYMENT OF $1,281,573 AS DETERMINED BY THE CALIFORNIA DEPARTMENT OF FINANCE, AND APPROPRIATE THAT AMOUNT FROM AVAILABLE CASH BALANCES IN THE REDEVELOPMENT FUND. Community Development Director Saeki stated the City Council is being asked to take several actions related to AB IX 26 and AB IX 27, which proposes to eliminate redevelopment agencies, but also allows agencies to make a payment that allows the agency to exist. There are three recommended actions tonight: adoption of an Urgency Ordinance to elect and implement participation by the City of Downey and the Community Development Commission in the voluntary alternative redevelopment program pursuant to Part 1.9 Division 24 of the California Healthy and Safety Code to permit the continued existence and operation of the Community Development Commission in the City of Downey; introduce a regular Ordinance for first reading which will help the City and Community Development Commission meet pending development agreements, annual agreements and financial obligations; and, authorize the Finance Director to make the voluntary $1.281,573 payment as determined by the California Department of Finance. Mr. Saeki advised that the Community Development Commission is being asked to consider adopting a Resolution that would approve and adopt an enforceable obligation payment schedule, which is a list of current financial, contractual, development obligations and agreements, provided to the City Council under separate cover and made available to the public and placed on the City’s website. Adoption of the Resolution will also allow the City to send the list to the State per AB IX 26. Mr. Saeki further explained adopting the Urgency Ordinance tonight allows the City to continue redevelopment activities in a different form, and approve the payment of $1.2 million which will allow redevelopment efforts, programs and projects to continue. He stated there has been recent litigation in regards to redevelopment and the City will not know the results until January, 2012 Council Member Gafin asked if the City does not opt in, does it mean the City loses tax increment money from the State, which is $5,000,000. Mr. Saeki advised that contractual obligations will continue to be paid by an oversight committee but, if the City decides not to opt in, effective October 1, 2011, all future redevelopment activities in the City will no longer exist. He also noted the $1.2 million will be paid by a Debt Service Fund Reserve with redevelopment monies and will not impact the General Fund. Council Member Guerra stated he resents this action and is glad the Supreme Count has placed a stay on the matter. He stated he will support this issue under duress because it is in the best interest for the citizens of Downey. Council Member Vasquez stated the State has forced local governments to look into alternative measures and hopes the Supreme Court gives serious consideration to support local levels, and not the State Mayor Marquez echoed the sentiments of the other Council Members, stating redevelopment agencies are important tools for cities to attract businesses and improve their communities. He noted Downey has taken a strong position in opposition to the taking away of redevelopment funds but noted the City must opt in and will see what happens in the future with the results of the legal challenges. He stated, for the record, because of his employment with the State Legislature the City Attorney advised he can participate in this vote, as this legislation has already gone through the Legislature and was enacted into law. Mayor Marquez opened this item for public comment. No one came forward to speak. City Council Minutes 08/23/1 1 -5- It was moved by Council Member Guerra, seconded by Council Member Vasquez, and unanimously carried to adopt the Urgency Ordinance It was moved by Council Member Guerra, seconded by Council Member Vasquez, and unanimously carried, to introduce an Ordinance to elect and implement participation by the City of Downey and the Community Development Commission in the voluntary alternative redevelopment program pursuant to Part 1.9 of Division 24 of the California Health and Safety Code in order to permit the continued existence and operation of the Community Development Commission of the City of Downey. It was moved by Council Member Guerra, seconded by Council Member Vasquez, and unanimously carried, to authorize the City’s Finance Director, in consultation with the Executive Director, to make the voluntary program payment of $1,281,573 as determined by the California Department of Finance, and appropriate that amount from available cash balances in the Redevelopment Fund. COMMUNITY DEVELOPMENT COMMISSION ACTION: 3.ADOPTED RESOLUTION NO. 11-292, A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY APPROVING AND ADOPTING AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE, PURSUANT TO THE PROVISIONS SET FORTH IN HEALTH AND SAFETY CODE SECTION 34169 (AB IX 26): Community Development It was moved by Vice-Chairperson Brossmer, seconded by Commissioner Vasquez, and unanimously carried, to adopt the Resolution. RECESSED THE COMMUNITY DEVELOPMENT COMMISSION MEETING: Mayor Marquez recessed the Community Development Commission at 8:34 p.m. OTHER BUSINESS: 15.COUNCIL CONSIDERATION TO SUPPORT THE LOS ANGELES COUNTY BOUNDARY REVIEW COMMITTEE’S PROPOSED MAPS FOR COUNTY SUPERVISORIAL DISTRICTS: Council Member Guerra Council Member Guerra advised last week he attended a meeting sponsored by Assembly Member Mendoza to seek support for a redistricting map to create a second supervisory district for the San Gabriel Valley. The Boundary Review Committee for the Board of Supervisors recommended Plan A3 which changes the current boundaries but Downey remains in the 4th Supervisory District, currently under Supervisor Knabe. Council Member Guerra commented on Plan S2, which considers Downey as part of the San Gabriel Valley and, under this plan the City would lose the representation of Supervisor Knabe. Mr. Guerra advised Supervisor Molina recommended Plan T1. Council Member Guerra proposed to the City Council that they formally support the Boundary Review Committee's proposal, which keeps Downey in the same district and in the Gateway Cities Council of Government. He advised there is a public hearing on September 6th and the more cities and representatives in the district who support the Review Committee’s recommended plan the better. The remaining Council Members were in agreement with Council Member Guerra, stating they were very pleased with the representation by Los Angeles County Supervisor Don Knabe; they did not believe in ethnic affiliations and were not pleased that ethnicity was the primary object; felt Downey needs to remain with communities of like interests; and also that Downey remains in the Gateway Cities Council of Governments who has played a pivotal part in advocating for Downey. City Council Minutes 08/23/1 1 -6- It was moved by Council Member Guerra, seconded by Council Member Vasquez, and unanimously carried, to support Los Angeles County Redistricting Map A3. CONSENT ITEMS REMOVED: 6.APPROVED STREET CLOSURE AT THE INTERSECTION OF CIVIC CENTER DRIVE AND THIRD STREET FOR THE 2011 TASTE OF DOWNEY TO BE HELD SEPTEMBER 30, 2011: Community Development, Council Member Vasquez asked if an art walk component was added to the Taste of Downey event Mr. Saeki advised staff has engaged a local Downey artist to coordinate efforts with other Downey artists to display their art on a meandering wall at the event. The location of the art will most likely be along Civic Center Drive, northeast of the intersection of Third Street and Civic Center Drive It was moved by Council Member Vasquez, seconded by Council Member Guerra and unanimously carried to authorize a street closure at the intersection of Civic Center Drive and 3'd Street for the 2011 Taste of Downey to be held on September 30, 2011. 10.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. Mayor Pro Tem Brossmer requested this item be continued to the next City Council Meeting stating he has questions he would like addressed by the City’s negotiator for further clarification It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Gafin, and carried 4-1, with Council Member Guerra voting no, to continue this item to the September 13, 2011, City Council Meeting for further clarification. STAFF COMMENTS: Assistant City Manager Livas thanked the City Council for the time he spent with each of them this week. Mr. Livas stated the amount of work each Council Member contributes on behalf of the citizens is incredible. He stated when the public writes in regarding a concern their concern does reach staff and is addressed. The City Council listens and responds to its citizens. Mr. Livas stated he appreciates receiving feedback from the public. ADJOURNMENT: The meeting adjourned at 8:55 p.m. to 6:30 p.m., September 13, 2011, in memory of Downey residents Sara Flores, Angela Cid-Del Prado and Elda Nava-Mayo, who died in a recent automobile accident; and the Navy Seals killed when their helicopter crashed in Afghanistan on August 6th, including Lt. Commander Jonas Kelsall, son of John Kelsall, President of The Greater Lakewood Chamber of Commerce. A7/m Z, /ay9 U- JOYpaV City Council Minutes 08/23/1 1 -7-