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HomeMy WebLinkAboutMinutes - 04-23-13 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING APRIL 23, 2013 The City Council of the City of Downey held a Regular Meeting at 7:40 p.m., April 23, 2013, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Guerra presiding. PRESENT: Council Members: Mario A. Guerra Mayor Fernando Vasquez Mayor Pro Tem Roger C. Brossmer Luis H. Marquez Alex Saab ALSO PRESENT: Gilbert Livas, City Manager John Oskoui, Assistant City Manager Yvette M. Abich Garcia, City Attorney Adria M. Jimenez, CMC, City Clerk Shannon DeLong, Assistant to the City Manager Lonnie Croom, Fire Chief Carl Charles, Police Chief Brian Saeki, Community Development Director Arlene Salazar, Parks & Recreation Director Anil Ghandy, Interim Finance Director Gladys Chavez, Secretary The Invocation was delivered by Rabbi Daniel Mehlman of Temple Ner Tamid. The Flag Salute was led by Kids Day Spokespersons Xitlalyc Cardenas and Diego Lucas. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE /MEETING REPORTS Mayor Pro Tem Vasquez reported attending a community outreach meeting led by the 1 -5 Freeway Joint Authority Expansion Project team where residents had the opportunity to express concerns about the project. Council Member Marquez welcomed everyone in attendance. Council Member Saab welcomed Downey Chamber of Commerce Vice President Trombley and Interim Executive Director Clausen who were in the audience. He reported attending the Healthy Downey 5K Run/Walk for TLC at Rancho Los Amigos National Rehabilitation Center and thanked Parks and Recreation Director Salazar and her staff for all of their work in putting together the event. He reported attending a PTA Appreciation Dinner where local volunteers were recognized. He encouraged everyone to attend the upcoming State of the City luncheon that will be held at the Rio Hondo Event Center. He thanked Parks and Recreation Director Salazar and her staff for their participation in Youth in Government Day held at City Hall. Council Member Brossmer welcomed Downey Unified School District Superintendant Garcia. He thanked staff for their participation in Youth in Government Day held at City Hall. City Council Regular Meeting Minutes of April 23, 2013 1 Mayor Guerra reported attending the Healthy Downey 5K Run/Walk for TLC at Rancho Los Amigos National Rehabilitation Center. He invited everyone to attend the State of the City luncheon hosted by the Downey Chamber of Commerce and also invited everyone to the Mayor's Walking Wednesdays at Downey High School. He said he was very encouraged by the Downey Youth Commissioners and enjoyed Youth in Government Day. He reported attending the Downey Fire Department's Badge Pinning Ceremony. He mentioned the upcoming Rancho /Las Floristas Basketball Wheelchair Tournament in which he will participate on the Healthy Downey Team and invited everyone to attend and participate in this friendly competition. He requested staff: look into painting the curb red at the northwest corner of 2 Street and Downey Avenue; provide an update on the Public Art Funds project; and, post the City Council Agendas on the City's Facebook and Twitter pages. PRESENTATIONS Mayor Guerra's Healthy Downey weight was 270 pounds. Mayor Guerra presented the Diakonia Award to Alex Gaytan for his service to youth related activities in the community. Mayor Guerra presented a Proclamation to Shirley Johnson and declared April as Child Abuse Prevention Month in Downey. Mayor Guerra presented a Proclamation to Downey Youth Commissioners Xitlalyc Cardenas and Diego Lucas and Proclaimed May 11, 2013, as Kids Day in Downey. Mayor Guerra presented a Proclamation to Olariu Corneliu of Downey High School and Proclaimed April as Jazz Appreciation Month, and April 30, 2013, as International Jazz Day. Mayor Guerra presented a Certificate of Recognition to Downey High School's Jazz Ensemble /Jazz Band and Jazz Choir for their appreciation of Jazz Music. Mayor Guerra presented a Proclamation to Alex Gaytan and Lars Clutterham and declared May 8, 2013, as National Bike to School Day. Mayor Guerra presented a Certificate of Appreciation to the Healthy Downey Partners: Coca Cola Bottling Company, Downey Unified School District, Family Health Care Centers of Greater Los Angeles, Downey Family YMCA, Apple Care Medical Group, Los Angeles County Department of Public Health, Rancho Los Amigos National Rehabilitation Center, and the United States Army Recruiting Company for their collaboration, partnership, and vision towards the wellness of our community. PUBLIC HEARING: None. CITY COUNCIL CONSENT CALENDAR: This item was taken out of order. CONSENT CALENDAR ITEMS REMOVED 5. APPROVE AN AGREEMENT WITH STUDIO ONE ELEVEN AT PERKOWITZ +RUTH ARCHITECTS TO PROVIDE PEER REVIEW SERVICES FOR THE TIERRA LUNA PROJECT: Parks and Recreation. This item was pulled at the request of Mayor Guerra and is listed under Other Business. 9. ADOPT RESOLUTION NO. 13- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE HEALTHY DOWNEY VISION AND MISSION STATEMENTS AND AREAS OF FOCUS: Parks and Recreation. This item was pulled at the request of Mayor Guerra and is listed under Other Business. City Council Regular Meeting Minutes of April 23, 2013 2 14. APPROVE CHAMBER OF COMMERCE STREET FAIRE PERMIT FOR MAY 4, 2013: Administration. This item was pulled at the request of Mayor Guerra and is listed under Other Business. CITY COUNCIL CONSENT CALENDAR It was moved by Mayor Pro Tem Vasquez, seconded by Council Member Saab, and unanimously carried to approve the remainder of the Consent Calendar with Mayor Guerra abstaining from Item No. 4 and Council Member Saab abstaining from Item No. 13 out of an abundance of caution. 1. APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meeting of April 9, 2013: City Clerk. 2. APPROVED WARRANTS ISSUED: Warrant Nos. 275576 – 275888; Wire Nos. 30002893 – 30002903, 1089 – 1095, Cashiers Check No. 24, in the total amount of $3,641,906.69: Finance. 3. CASH CONTRACT S.S. 632 - IMPERIAL HIGHWAY AT COLUMBIA WAY TRAFFIC SIGNAL UPGRADE PROJECT: AWARDED CONTRACT IN THE AMOUNT OF $184,677.00 TO JFL ELECTRIC, INC.: Public Works. 4. APPROVED AGREEMENT OF LEGAL NOTICES TO THE DOWNEY PATRIOT: City Clerk. 6. AUTHORIZED THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (METRO) TO RECEIVE $3.392 MILLION IN 1 -710 MEASURE R EARLY ACTION FUNDS FOR —.. THE PARAMOUNT BOULEVARD AT FIRESTONE BOULEVARD IMPROVEMENT PROJECT: Public Works. 7. RATIFIED THE RETAINER AGREEMENT FOR LEGAL SERVICES WITH THE LAW OFFICES OF FERGUSON, PRAET & SHERMAN, PC, AND AUTHORIZED THE MAYOR TO SIGN THE AGREEMENT: City Attorney. 8. ADOPTED RESOLUTION NO. 13-7406, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE STATE OF CALIFORNIA FRANCHISE TAX BOARD AND THE CITY OF DOWNEY TO EXCHANGE BUSINESS LICENSE TAX INFORMATION: Community Development. 10. ADOPTED RESOLUTION NO. 13-7408, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING LARS CLUTTERHAM TO THE GREEN TASK FORCE FOR COUNCIL DISTRICT 2: Council Member Guerra. 11. ADOPTED RESOLUTION NO. 13-7409, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A UNIFORM BAIL AND FINE SCHEDULE FOR VIOLATIONS OF THE DOWNEY MUNICIPAL CODE AND OTHER CODES ADOPTED THEREIN: Police. 12. ADOPTED RESOLUTION NO. 13-7410, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE FIRE CHIEF OR HIS DESIGNEE THE ABILITY TO OBTAIN CRIMINAL HISTORY INFORMATION FOR LICENSING, PROSPECTIVE EMPLOYEES, VOLUNTEERS, OR CONTRACT EMPLOYEES BY FINGER PRINTING METHODS: Fire. City Council Regular Meeting Minutes of April 23, 2013 3 13. ADOPTED ORDINANCE NO. 13-1311, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNTOWN DOWNEY SPECIFIC PLAN (PLN -13- 00052) TO REQUIRE A CONDITIONAL USE PERMIT FOR HOOKAH /CIGAR LOUNGES: Community Development. OTHER BUSINESS: Items pulled from the Consent Calendar. 9. ADOPTED RESOLUTION NO. 13-7407, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE HEALTHY DOWNEY VISION AND MISSION STATEMENTS AND AREAS OF FOCUS: Parks & Recreation. Parks and Recreation Director Salazar introduced all of the Healthy Downey Partners in attendance and requested the City Council adopt a Resolution for the Healthy Downey Vision, Mission, and Areas of Focus. She presented a slide slow where the Healthy Downey Partners showed their vested interest in the program and explained that as partners they have come together to coordinate events that promote healthy activities and community wellness programs. She stated that emphasis on the partnership was geared towards reducing childhood obesity in Downey and provides an opportunity for adults to make healthy choices for themselves and their family. She read aloud the proposed Resolution. Healthy Downey Partners Geoff Slajer of Coca Cola Bottling Company; Luz Perez of the Downey Unified School District; and, Sheri Bathrust read aloud the Mission Statement. Dr. Albert Pacheco of the Family Health Care Centers of Greater Los Angeles explained the benefits of having a healthy community. He explained that this was a collective effort between business owners, local government, and profit and non - profit organizations in order to make great strides. Mayor Guerra thanked all of the Healthy Downey partners for their focus on this mission. It was moved by Council Member Brossmer, seconded by Mayor Guerra, and unanimously carried to adopt the Resolution. 5. APPROVED AN AGREEMENT WITH STUDIO ONE ELEVEN AT PERKOWITZ +RUTH ARCHITECTS TO PROVIDE PEER REVIEW SERVICES FOR THE TIERRA LUNA PROJECT: Community Development. Mayor Guerra asked if the architect plans still included the same items that the City had previously approved. City Manager Livas stated that the plans do indeed still include the same items previously approved the only difference is the configuration of some of those items. Council Member Saab asked why this service is not being provided by a City staff member. City Manager Livas stated that the City does not have a licensed architect on staff. Mayor Guerra stated he was a big proponent of this project and wanted to make sure the developer was aware that any major changes needed to be pre- approved. It was moved by Council Member Saab, seconded by Mayor Guerra, and unanimously carried to approve staff's recommendation. City Council Regular Meeting Minutes of April 23, 2013 4 14. APPROVED CHAMBER OF COMMERCE STREET FAIRE PERMIT FOR MAY 4, 2013: Administration. Mayor Guerra thanked the Chamber of Commerce for putting together this great event. He emphasized the importance of all public safety officials meeting with the Street Faire Committee to discuss all safety protocols for this event in light of recent global tragic events. Council Member Saab asked if public safety officials have been in communication with the Street Faire Committee. Fire Chief Croom acknowledged that they indeed have met. Mayor Pro Tem Vasquez also expressed concerns regarding dog owners and requested the Committee put some thought on young children being around large animals during the event. It was moved by Mayor Guerra, seconded by Council Member Brossmer, and unanimously carried to approve staff's recommendation. ADMINISTRATIVE REPORTS 15. DISCUSS LETTER RECEIVED FROM THE CENTRAL BASIN WATER ASSOCIATION AND CONSIDER A RESPONSE: Council Member Saab. Council Member Saab stated he wanted to bring to the attention of all Council Members a letter recently received from the Central Water Basin Association in which the City was chastised regarding a pending litigation matter. He stated that the City belonged to this Association and requested staff provide the benefits of being part of this organization along with the fees associated with membership. Mayor Guerra stated he was appalled and embarrassed that the City of Downey was directly addressed in the letter. He stated that the Central Water Basin Association knows the City is currently involved in litigation regarding the matter. He requested staff provide the benefits of being part of this Association, the fees associated, and what steps need to be taken for the City to remove itself from the organization. City Manager Livas stated he will look into all of the questions Council had tonight regarding this Association. This report was received and filed. NON - AGENDA PUBLIC COMMENT: This item was taken out of order. Carlos Galvan, Downey business owner, reminded everyone that April is Autism month and thanked Downey Unified School District Special Education Teachers Lynn Wang and Valerie Tucker of Rio Hondo Elementary for everything they have done for his Autistic son. The following people spoke regarding the officer - involved shooting: Jean Thaxton Roy Beard, Emergency Preparedness Commissioner, congratulated the new graduated Fire Department recruits and thanked the Fire Department for all of their efforts. STAFF MEMBER COMMENTS: None. City Council Regular Meeting Minutes of April 23, 2013 5 RECESSED /RECONVENED The meeting recessed to go into Closed Session at 9:03 p.m., and reconvened at 9:28 p.m. with all Council Members present. ADJOURNED The meeting adjourned at 9:30 p.m. to 6:30 p.m., May 14, 2013, in Memory of Roger Nordin, husband of Susan Nordin, Executive Director, Downey Chamber of Commerce; and Robert Gonzalez, Uncle of City Manager Livas. 41. ' PVI/t- ADRIA M. JIMENEZ, CMC MARIO A. GU - A, Mayor City Clerk City Council Regular Meeting Minutes of April 23, 2013 6