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HomeMy WebLinkAbout01. Minutes - 09-27-11 Regular MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING September 27, 2011 The City Council of the City of Downey held a Regular Meeting at 7:39 p.m., September 27, 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 Mario A. Guerra Fernando Vasquez ALSO PRESENT: Gerald Caton, City Manager Gilbert Livas, Assistant City Manager Yvette M. Abich Garcia, City Attorney Joyce E. Doyle, Interim City Clerk Lonnie Croom, Fire Chief Rick Esteves, Police Chief John Michicoff, Finance Director John Oskoui, Public Works Director Thad Phillips, Community Services Director Brian Saeki, Community Development Director Shannon DeLong, Assistant to the City Manager 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 congratulated staff, the Police and Fire Chiefs, Shannon DeLong, and Juddy Ceniceros for coordinating the KidsDay event held on Saturday at Redeemer Covenant Church. He asked that next year’s event have a wellness program theme and include education regarding childhood obesity and preventative health care. Council Member Gafin recognized Dee Bacus, Chamber of Commerce Board of Director, and Recreation and Community Services Commissioner Mark Vasquez, whom were in the audience. Council Member Gafin reported on the Police Memorial Dedication held on Thursday. He commended and thanked the Police and Fire Departments for a memorable event. Council Member Gafin congratulated Mayor Marquez for the BBQ held on Saturday at Redeemer Covenant Church and stated he is looking forward to attending the next scheduled BBQ. Council Member nd Gafin reminded residents of the 2 Annual Taste of Downey event on Friday, September 30, 2011, to the front of City Hall. He advised there will be a BBQ at Golden Park on Saturday and asked the Mayor to provide additional information. Council Member Gafin advised Monday is the Police and Fire Foundation Annual Golf Tournament at the Rio Hondo Golf Course. Interested participants can contact the Police and Fire Departments. He advised the Gangs Out of Downey meeting is scheduled for next Tuesday, October 4, 2011, 7:30 a.m., in the Training Room of City Hall. -1- City Council Minutes 09/27/11 Council Member Guerra advised last Friday he attended the Chamber of Commerce ribbon cutting event for the new Walgreens on Imperial Highway and stated it is good to see new th development in south Downey. He stated he attended Amapola Market’s 50 Anniversary and commended the Galvan family for being the first Latino market in Downey and for having a great rd event. Council Member Guerra advised he attended the 93 neighborhood watch meeting last week and will be attending another meeting this week. He stated he attended a meeting with the Downey Arts Coalition who would like to bring public art back into the community. He asked staff to bring back the possibility of creating a Public Arts Subcommittee of the City Council. Council Member Guerra reported last Friday he was installed as the Vice President of the Independent Cities Association. He advised residents that the City of Downey permitted a non-profit company to paint curb numbers on the street. He encouraged residents to have their numbers painted on their curb to aide police and fire responders in easily identifying an address. He stated the service is free, but the non-profit is requesting a donation. Council Member Guerra requested staff bring back an agenda item about the possibility of installing cameras throughout the City. He congratulated the Police Department and Police Chief Esteves on the Memorial and stated it is a beautiful tribute to the City’s fallen hero. Council Member Guerra recognized Lars Clutterham, Green Task Force Member. Mayor Marquez welcomed everyone to the City Council Meeting. He advised he attended the Police Memorial Dedication Ceremony and commended staff for organizing a great event. He thanked the Whittier Police Department for patrolling Downey during the ceremony. Mayor Marquez thanked the residents of the triangle neighborhood for attending the community picnic. He stated it was a great chance for residents to meet and interact with members of the City Council and the Police and Fire Chiefs. Mayor Marquez thanked the Police and Fire Explorers for assisting with the event. He invited residents to the second event scheduled for Saturday, October 1, 2011, Golden Park, 2:00 p.m. – 4:00 p.m. Mayor Marquez reported that he attended the League of California Cities Annual Conference as the City’s voting delegate. He stated there were several resolutions to vote on and he also attended several workshops relating to local government. Mayor Marquez reminded residents that the Taste of Downey is this Friday and tickets are available at City Hall. PRESENTATIONS: Mayor Marquez presented a Proclamation to Fire Department Chief Croom and Fire Department employee Jason Patao, Fire Inspector, in recognition of Fire Prevention Month. PUBLIC HEARINGS: None. NON-AGENDA PUBLIC COMMENT: Maria De Parelles, resident, suggested the City install bike lanes to promote safety and health for families in the community. Bob Goldstein, resident, provided applications to the City Council, City staff and the public to purchase an ad in the Symphony Program. Mr. Goldstein also advised that raffle tickets are still available. Dee Bacus, Chamber of Commerce, thanked the City Council and staff for the positive action the City takes on behalf of the Chamber of Commerce. Ms. Bacus stated the Chamber of Commerce is excited about the upcoming Taste of Downey and the October food truck event. Lars Clutterham, resident, Green Task Force Member, advised City Council that the Green Task Force will be delivering the first quarterly report in December. Mr. Clutterham provided a brief summary to the City Council on the Task Force’s progress. -2- City Council Minutes 09/27/11 John Lacey, resident, complimented the City of Downey, previous City Council Members and staff for the good stewardship of the public’s monies. Mr. Lacey shared a quote from former President Reagan. Roy Beard, resident, advised that the City of Downey holds free Community Emergency Response Training Classes (CERT) twice annually. Mr. Beard stated that one of the first sessions of the training is fire prevention. The next CERT training is scheduled for Saturdays, October 1, 2011; October 8, 2011; and October 15, 2011. CITY COUNCIL CONSENT CALENDAR: It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Guerra and approve the Consent Calendar Items as presented. unanimously carried to 1. APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings September 13, 2011: City Clerk. 2. APPROVED WARRANTS ISSUED: Warrant Nos. 261925 - 262274; Wire Nos. 30002484 - : 30002493 and 790- 793; in the total amount of $4,813,898.56 Finance. 3. CASH CONTRACT NO. S.S. 620 – ANNUAL MISCELLANEOUS CONCRETE CONSTRUCTION AND REPAIR PROJECT: AWARDED CONSTRUCTION CONTRACT TO CJ CONCRETE CONSTRUCTION, INC. IN THE AMOUNT OF $215,030: Public Works. 4. APPROVED AGREEMENT WITH JOHN L. HUNTER & ASSOCIATES, INC. FOR UP TO ONE YEAR FOR STORM WATER PROGRAM MANAGEMENT AND NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM/MUNICIPAL SEPARATE STORM SEWER SYSTEMS PERMIT COMPLIANCE AND PLAN CHECK SERVICES IN THE AMOUNT OF $80,080: Public Works. 5.ADOPTED RESOLUTION NO. 11-7298, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING SUBMITTAL OF APPLICATIONS FOR ALL GRANT FUNDS FOR THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 FOR WHICH THE CITY OF DOWNEY IS ELIGIBLE, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS: Administration. 6. ADOPTED ORDINANCE NO. 11-1292, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO SPEED LIMITS ON GALLATIN ROAD: Public Works. ADMINISTRATIVE REPORTS: RECONVENED THE COMMUNITY DEVELOPMENT COMMISSION MEETING FOR A JOINT SESSION WITH THE CITY COUNCIL: CITY COUNCIL ACTION: reconvened Chairperson Marquez the Community Development Commission at 8:11 p.m., for a joint session with the City Council. All Commissioners were present. -3- City Council Minutes 09/27/11 7. ADOPTED RESOLUTION NO. 11-7299, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A REMITTANCE AGREEMENT BY AND BETWEEN THE CITY OF DOWNEY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY, PURSUANT TO THE AUTHORITY SET FORTH IN HEALTH AND SAFETY CODE SECTION 34194.2 (AB 1X 27): Community Development. City Manager Caton advised Mr. Brian Saeki, Community Development Director, will be providing the staff report to the City Council. Mr. Saeki stated this is the final action relating to AB 1X 26 and AB 1X 27, which is a Resolution that adopts the preliminary draft recognizing the obligation payment schedule. The document shows all the Community Development Commission’s financial obligations through final year 2035-2036. Council Member Guerra asked what happens if the City Council passes this Resolution and the Supreme Court sides with the Cities on the stay of execution. Mr. Saeki advised that the City will have information on the ruling by January 15, 2012. The City will have to make a payment equal to half of the entire payment, which is $1.2 million. The City will know the Court’s ultimate ruling before the City makes the payment. If the City makes the payment prior to the Court’s ruling and the Court rules in favor of the Cities, the payment will have to be returned to the Community Development Commission. Information provided thus far to the Community Development Commission and the City Council are legal obligations under AB 1X 27 because the stay that is currently in place only upheld a few items and the other items needed to be completed. City Attorney Abich Garcia stated there is a clause in the Remittance Agreement that states if the bills were to be held invalid this agreement becomes invalid without any further action by the governing bodies. Council Member Guerra asked if the City is moving forward with business as usual under this scenario or is redevelopment and other business in a stay. City Attorney Abich Garcia stated the payment is subject to the stay for the most part with certain exceptions; everything has been put on hold by the court until we receive a decision by the Court. All the Community Development and City Council actions are being done under protest so the City can have the right to seek reimbursement. Council Member Vasquez asked if the City can recoup legal fees if the court rules in the City’s favor. City Attorney Abich Garcia stated she is unsure if the City is going to be able to recoup legal fees, but whatever we paid pursuant to the bills the City will be reimbursed. opened Mayor Marquez this item for public comment. No one came forward to speak. It was moved by Council Member Vasquez, seconded by Council Member Guerra and adopt the Resolution. unanimously carried to COMMUNITY DEVELOPMENT COMMISSION ACTION: 5. ADOPTED RESOLUTION NO. 11-294, A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY APPROVING A REMITTANCE AGREEMENT BY AND BETWEEN THE CITY OF DOWNEY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY, PURSUANT -4- City Council Minutes 09/27/11 TO THE AUTHORITY SET FORTH IN HEALTH AND SAFETY CODE SECTION 34194.2 (AB 1X 27): Community Development. It was moved by Commissioner Vasquez, seconded by Commissioner Guerra and adopt the Resolution. unanimously carried to RECESSED THE COMMUNITY DEVELOPMENT COMMISSION MEETING: recessed Mayor Marquez the Community Development Commission at 8:17 p.m. 8. APPOINTMENT OF 15 COMMISSIONERS TO THE DOWNEY YOUTH COMMISSION: Administration. Shannon DeLong, Assistant to the City Manager, summarized the staff report. Ms. DeLong stated 28 applications were received from high school age residents of Downey and each Council Member was asked to appoint three residents. Council Member Vasquez selected: Nick McEwen, Kimberly Matamoros and Vanessa Sanchez. Council Member Guerra selected: Natalie Ramirez, Anais Zepeda and Genesis Anguiano. Council Member Gafin selected: Rebekah Jin, Sophia Paik and Tiffany Ashton. Mayor Pro Tem Brossmer selected: Carlos Valenzuela, Andray Cardoza and Diego Lucas, who was also selected by Mayor Marquez. Mayor Marquez selected: Diego Lucas, Xitlalyc Cardenas and Karina Gonzalez. Ms. DeLong requested Mayor Pro Tem Brossmer choose another applicant from Warren High School as Diego Lucas was selected by two Council Members. Mayor Pro Tem Brossmer selected Gabriel Acosta. Council Member Guerra confirmed students who are currently seniors serve on this committee until the completion of high school, which is approximately eight months. Ms. DeLong advised that according to the criteria established by City Council once the students graduate from high school they are no longer eligible to serve on the Youth Commission. She stated the intent of the Commission is to run on the City’s fiscal year; if City Council prefers, staff can bring back an amendment to the guidelines that state that a senior may serve until the end of the fiscal year, which is June 30. Council Member Guerra stated the City Council should consider allowing seniors to serve until June 30 for this first year. He further stated he is glad this Commission was established and thanked staff and his colleagues for working together and establishing the Youth Commission. Council Member Vasquez congratulated staff for establishing the Youth Commission and Mayor Pro Tem Brossmer and Council Member Guerra for supporting the idea. Mayor Marquez stated he was overwhelmed by the number of qualified and eager students willing to serve and give back to the community. He stated he continues to be impressed with the youth inDowney and the number of youth who care about the community, want to be involved in the City and learn more about City government. Mayor Marquez commended staff for their assistance in establishing the Commission. -5- City Council Minutes 09/27/11 Council Member Guerra requested staff contact the students who were not selected and thank them and encourage them to reapply in the future. It was moved by Council Member Guerra, seconded by Council Member Gafin, and to appoint the 15 members to the Youth Commission unanimously carried. STAFF MEMBER COMMENTS: None. ADJOURNMENT: memory of Gene The meeting adjourned at 8:27 p.m. to 6:30 p.m., October 11, 2011; in Davis, father of City Planner William Davis and Mary Fallon, longtime Downey resident. ___________________________ ____________________________ JOYCE E. DOYLE, Interim City Clerk LUIS H. MARQUEZ, Mayor -6- City Council Minutes 09/27/11