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HomeMy WebLinkAboutMinutes - 11-26-13 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING NOVEMBER 26, 2013 The City Council of the City of Downey held a Regular Meeting at 6:38 p.m., November 26,2013, 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 Carl Charles, Police Chief Lonnie Croom, Fire Chief Brian Saeki, Community Development Director Arlene Salazar, Parks & Recreation Director Gladys Chavez, Secretary The Invocation was delivered by Pastor Tim Fearer, First Presbyterian Church of Downey. The Flag Salute was led by Girl Scout Daisy Troop No. 15425. CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE/MEETING REPORTS Mayor Pro Tem Vasquez reported attending the 1-5 Policy Meeting and reported on the construction of the Florence Avenue off-ramp. He reported attending a goal setting meeting. He recognized former Mayor David Gafin who was in the audience. Council Member Marquez welcomed everyone to the City Council Meeting. He reported participating in the Rives Mansion Fundraiser to benefit victims of Typhoon Haiyan. Council Member Saab introduced Chamber of Commerce representative Paton who was in the audience. He invited everyone to attend the following events: Multi Chamber Holiday Breakfast Mixer, Embassy Suites, December 11;62nd Annual Christmas Parade, December 8; Tree Lighting Ceremony, December 9; performance of The Nutcracker at the Downey Civic Theater, December 21; and,the JBL Robotics Teacher Workshop at the Columbia Memorial Space Center. He thanked staff for hosting the Groundbreaking ceremony for The Promenade at Downey and reminded everyone of his City Hall office hours every Friday, 3:00 p.m. to 5:30. Council Member Brossmer congratulated Council Member Saab and his family on the birth of their daughter. He thanked the Fire Department for a recent fire suppression effort in District 3. He reminded everyone of the 20th Annual Holiday Toy Drive Event, December 1-13 and the Tree Lighting Ceremony. He welcomed past Mayor Gafin and his wife who were in the audience and wished everyone a Happy Thanksgiving. City Council Minutes-November 26,2013 1 Mayor Guerra invited everyone to the first Thanksgiving Turkey Trot Bike Ride event co-sponsored by the Downey Bicycle Coalition on November 30. He stated that many new businesses have opened in the City in the past weeks and he is proud of the support his colleagues and staff have provided. He reported attending a Ribbon Cutting Event for the Cardiovascular Medical Associates. He reported participating in the Rives Mansion Fundraiser to benefit victims of Typhoon Haiyan. He announced the City's Red Team whose initiative is to assist businesses in the City is comprised of City staff, City officials, and the Chamber of Commerce. He invited everyone to a Ribbon Cutting Event for Lynx Professional Grills on December 9. He welcomed the Youth Commissioners who were in the audience. He requested staff bring back to the Council a report on the progress made as it relates to recommendations from Green Task Force. PRESENTATIONS Mayor Guerra's Healthy Downey Weight was 240. Mayor Guerra presented the Mayor's Diakonia Award to Diana Moser for her service to the community. Mayor Guerra presented a Certificates of Recognition to West Middle School Band Director Todd Miller and band members who received awards at the 43rd Annual Chino Invitational Band Review. Mayor Guerra presented the All America Quilt in honor of the City winning the All America Award. Mayor Guerra presented a Proclamation to Dr. Paul Simon and declared November as National Diabetes Month, 2013. Mayor Guerra and Council Member Marquez presented a Certificate of Appointment to David Gafin for his appointment to the Public Facilities Financing Corporation for Council District 1. PUBLIC HEARINGS: None. CONSENT CALENDAR: This item was taken out of order. Mayor Guerra pulled Item No. 5; Council Member Brossmer abstained from Item No.5;and, Council Member Marquez abstained from Item No. 3. It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Vasquez to approve the remainder of the Consent Calendar with Council Member Brossmer abstaining from Item No. 5,which was pulled, and Council Member Marquez abstaining from Item No. 3. 1. APPROVED CITY COUNCIL MINUTES: Special Meeting of October 11, 2013; Adjourned and Regular Meetings of November 12, 2013: City Clerk. 2. APPROVED WARRANTS ISSUED: Warrant Nos. are 280757—281035; Wire Nos. 30003050— 30003051, 30003058 & 30003063 — 30003072; Manual Wire Nos. 1204 — 1209, and Cashier's Check Nos. 46-47, in the total amount of$ $3,302,221.47: Finance. 3. CASH CONTRACT NO. S.S. 634-PEDESTRIAN COUNTDOWN HEADS PROJECT, PHASE 2: AWARDED CASH CONTRACT IN THE AMOUNT OF$41,308.00 TO SIEMENS INDUSTRY,INC. FOR THE PEDESTRIAN COUNTDOWN HEADS PROJECT, PHASE 2: Public Works. 4. CASH CONTRACT NO. S.S. 636 - GARDENDALE STREET PAVEMENT REHABILITATION PROJECT(LAKEWOOD BOULEVARD TO GARFIELD AVENUE): AUTHORIZED THE MAYOR TO EXECUTE A FEDERAL STP-L FUND TRANSFER AGREEMENT WITH THE CITIES OF SOUTH GATE AND PARAMOUNT: Public Works. City Council Minutes-November 26,2013 2 6. ADOPTED ORDINANCE NO. 13-1321,AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING SECTION 2476-2477.6 OF THE DOWNEY MUNICIPAL CODE AND DISBANDING THE DOWNEY CITY HOSPITAL COMMISSION: Administration. 7. ADOPTED ORDINANCE NO. 13-1322,AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO THE CITY'S COMPREHENSIVE ZONING MAP, CHANGING THE ZONING OF THE PROPERTY LOCATED AT 11101 LAKEWOOD BOULEVARD FROM PROFESSIONAL OFFICE(C-P)TO LAKEWOOD/FIRESTONE SPECIFIC PLAN(SP-91- 2) AND ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (PLN-13- 00064): Community Development. 8. APPROVED THE USE OF THE BARBARA J. RILEY COMMUNITY&SENIOR CENTER FOR A SPECIAL MEMORIAL IN HONOR OF LOCAL VETERAN: Administration. 9. APPROVED THE CHAMBER OF COMMERCE CHRISTMAS PARADE PERMIT:Administration. NON-AGENDA PUBLIC COMMENT: This item was taken out of order. Alicia Edquist, resident, spoke about her interest in history preservation and encouraged the City Council to work towards preservation, as many residents have expressed a desire. OTHER BUSINESS 5. AUTHORIZED THE CITY MANAGER TO APPROVE AN AGREEMENT BETWEEN THE CITY OF DOWNEY AND THE DOWNEY UNIFIED SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER SERVICES FOR THE POLICE ON CAMPUS PROGRAM: Police. Council Member Brossmer recused himself from this item and stepped down from the dais due to a conflict of interest as he is employed by the Downey Unified School District. Mayor Guerra stated he pulled this item in order to highlight and possibly expand the program. Mayor Pro Tern Vasquez stated many cities have partnered with their school districts in order to provide police protection on school campuses. He stated currently Warren High School and Columbus High School have a Resource Officer stationed at their sites three days a week. He requested the Council consider partnering with the Downey Unified School District and Gangs Out Of Downey (G.O.O.D) in order to provide financial support to allow for the School District to place an officer the remaining two school days. He stated that prevention, as it relates to a student and the criminal justice system, is more cost effective when there is early intervention and assistance. He requested input from the Chief of Police as it related to there being an incident at a school site during a day when it did not have a Resource Officer on-site. Chief of Police Charles stated the current program is indeed a great partnership between the school district and the Police Department because intervention is the key. He stated currently, in the event of an incident occurring when a Resource Officer was not present, the school would have to call for a police officer which then would take that police officer out of service to the community for a few hours in order to assist the school. He stated he would provide the cost to have a dedicated Resource Officer an additional two days at both schools to the Council at a later date. Council Member Saab asked for clarification on which days of the week is a Resource Officer currently present and if levels of activity increase when an officer is not on campus. Chief of Police Charles stated his department follows a fixed schedule provided by the School District. He stated levels of activity are not increased but are present when an officer is not on site. City Council Minutes-November 26,2013 3 Mayor Guerra asked the Chief of Police for his recommendation. Chief of Police Charles stated he is in support of this item. City Attorney Abich Garcia stated that any enhancement to the contract can be made with an amendment. City Manager Livas stated the City needs to discuss this matter further with the school district and also review possible funding sources. Mayor Guerra requested staff return to Council with more information by January. It was moved by Mayor Pro Tern Vasquez, seconded by Council Member Saab, and carried 4-0-1, with Council Member Brossmer abstaining, to approve this item and have staff return to Council in January with further information on funding a Resource Officer for an additional two days. Council Member Brossmer returned to the Dias at 7:39 p.m. ADMINISTRATIVE REPORTS 11. DISCUSSED AND APPOINTED THE MAYOR FOR DECEMBER 2013: City Clerk. This item was taken out of order. Mayor Guerra stated that the City's Charter allows the City Council to appoint the Mayor and Mayor Pro Tern. He made a motion to nominate Mayor Pro Tern Vasquez as the new Mayor for 2013/2014. Council Member Brossmer agreed with the nomination. It was moved by Mayor Guerra,seconded by Council Member Brossmer,and unanimously carried to appoint Mayor Pro Tem Vasquez as the next Mayor. 12. DISCUSSED AND APPOINTED THE MAYOR PRO TEM FOR DECEMBER 2013: City Clerk. Mayor Guerra stated he will always vote in favor of what is in the best interest of the community. He nominated Council Member Brossmer as Mayor Pro Tern. Council Member Brossmer stated he appreciated the nomination but would not be accepting it in part due to the rotation sequence that has been followed in the past. He made a motion to nominate Council Member Marquez as Mayor Pro Tem. Council Member Saab asked for clarification on what is meant by the rotation sequence. Council Member Brossmer stated that the Council had previously decided, based on the rotation from the first term as Council Member,what the Council thought would be the progression of Mayor. He stated Council Member Marquez served as Mayor before he did; therefore, the rotation would be that Council Member Marquez be the next to serve as Mayor. He stated he appreciated the latitude the Council has to make a different choice but he will vote to follow the rotation. Mayor Guerra stated that the Minutes of April 27, 2008 and May 27, 2008 state that Mayor Gafin mentioned there was no way to set a policy as it related to the next Mayor because there were too many variables. He stated it was agreed that everyone should be Mayor their first term but no guarantee for the second term. He stated there is a rotation proposed by the City Clerk but there is no set policy. The City Charter is clear and states the City Council appoints the Mayor and Mayor Pro Tern. In light of Council Member Brossmer not accepting the nomination, he stated he would amend his motion and nominated Council Member Saab. City Council Minutes-November 26,2013 4 Council Member Brossmer stated he agrees and understands the latitude the City Council has but feels strongly about the rotation and will honor it. He stated he appreciates the nomination from the Mayor, but will not be accepting. Council Member Marquez stated when he and Council Member Brossmer were elected as Council Members there was a coin toss to determine who would serve as Mayor first. In addition, it was understood that in the future one of the two Council Members would have the opportunity to serve as Mayor twice if elected to a second term. It was a common understanding that the initial coin toss would serve as a guide for the progression of Mayor. Council Member Saab asked for clarification if the specific topic discussed was regarding who would have the opportunity to serve as Mayor twice because currently policy is only specific as to who would serve Mayor during a first term. Council Member Marquez stated that according to the coin toss the understanding was it would include who would serve Mayor first during a second term. He stated changes have been made as they relate to the rotation of Mayor in the past but feels this upcoming decision is geared more towards him on a personal level. He stated he has worked hard during his years on the City Council and would like an explanation as to why he did not receive a nomination from Mayor Guerra. He stated that although there have been times that the two have agreed to disagree, it should not carry over into this decision. Mayor Guerra stated the City Charter was clear as it relates to this topic and the policy allows for a different vote. He stated there being alternate choices for Mayor he feels the City will be better served by another Council Member in light of campaign promises he had not met. He stated his votes are always based on what is in the best interest of the City.The current policy does not guarantee who will serve as Mayor twice during a second term. He stated his amended motion would be for Council Member Saab to be the next Mayor Pro Tem. Mayor Pro Tem Vasquez stated he was in agreement with Mayor Guerra's nomination. Council Member Saab asked if tonight's motion passed, the progression would be that the Mayor Pro Tem would be the next Mayor especially in consideration of the coin toss that Council Member Marquez and Council Member Brossmer feel strongly about. Mayor Guerra stated that although the natural progression would be that Mayor Pro Tem would serve as the next Mayor the City Council would still have to vote. Council Member Brossmer stated that although he is in favor of the progression of Mayor based on the coin toss, he understands the Council has the ability to vote differently if there is a good enough reason but does not feel there is one at this time. He stated Council Member Marquez has served the City well and deserves to be Mayor during his second term. Council Member Saab stated that regardless of the decision made tonight the same Council will have to vote next year for Mayor. Mayor Guerra reminded the Council that in April it was decided that the outgoing Council Member would not vote on the next Mayor but instead the new incoming Council Member would vote,therefore; there is no guarantee as to who will be the next Mayor. Council Member Brossmer stated that he was in favor of the progression of Mayor Pro Tern becoming the next Mayor, but understands that the Council can vote differently. Council Member Saab stated he was not going to support the current motion of having him serve as Mayor Pro Tem. He stated being in favor of the Mayor Pro Tem being the precursor to becoming Mayor. He stated that based on the rotation sequence it is fitting that he serve as Mayor Pro Tem the following year allowing him to serve as Mayor during his first term. City Council Minutes-November 26,2013 5 Mayor Guerra stated there were a few times that a Mayor Pro Tem did not serve as Mayor the following year and the decision is up to each individual Council Member. Council Member Brossmer stated his decision tonight is in based on the rotation sequence and who the Council would like to have as their next Mayor. He stated based on past history Downey is unique and different and the seat of Mayor has been based on rotation which does not mean the Council cannot decide to do something different. He expressed being very proud of having served as Mayor and he will support all future Mayors. Mayor Guerra stated that both Council Member Brossmer and Council Member Saab would be great representatives of the City and to allow for a coin toss to change the direction of the City is not the right decision as it relates to a second term Council Member. He stated he voted for Council Member Marquez during his first term, but he will be voting differently tonight. Mayor Pro Tern Vasquez asked Council Member Brossmer for clarification if the issue was that he had no interest to serve as Mayor for a second term or was it to honor the coin toss. Council Member Brossmer stated his decision to respectfully decline was based on both factors. Mayor Guerra stated that the City Council has the right to vote on who they want as Mayor and the Mayor Pro Tern does not automatically become the Mayor. Council Member Saab respectfully declined the nomination as Mayor Pro Tem and stated he did not see a significant difference between seating Council Member Marquez as Mayor Pro Tern this year or voting on him as future Mayor the following year. He stated that although not having been on the Council during the meeting that discussed a coin toss he disagreed with allowing a coin toss to determine the progression of Mayor. Mayor Guerra stated he was present during the meeting of May 27, 2008 and the goal of that meeting was to discuss who would serve Mayor first during their first term in the face of having two Council Members voted in at the same time. Council Member Saab stated he read and understood the policy established in that meeting. Understanding Council Member Brossmer is declining the nomination for Mayor Pro Tern,and although he also appreciated the nomination for Mayor Pro Tem, he would be declining the nomination as well, knowing he will have the opportunity to serve as Mayor in the future during his first term. Mayor Guerra reminded the Council that regardless of who is the current Mayor Pro Tern the Council can make other choices. Mayor Pro Tern Vasquez asked City Attorney Abich Garcia for clarification in the event the Council voted in favor of Council Member Brossmer as Mayor Pro Tern in light of him declining the nomination. City Attorney Abich Garcia stated if a Council Member declined the nomination of Mayor Pro Tern the policy states it would go to the next Council Member in order. But currently the Council is doing something different and the decision is up to the Council. She highly recommended the current policy be reviewed. Mayor Pro Tern Vasquez stated that the item No.4 in the policy that relates to a second term is very ambiguous and the Council is interpreting it differently. Mayor Guerra stated although disappointed that Council Member Brossmer is declining the nomination he will still be voting for him because he has seen what he can do in a short eleven months. It was moved by Mayor Guerra, seconded by Mayor Pro Tern Vasquez, and failed 2-3,with Council Member Brossmer, Council Member Saab, and Council Member Marquez voting no, to have Council Member Saab serve as Mayor Pro Tern, City Council Minutes-November 26, 2013 6 It was moved by Council Member Brossmer, seconded by Council Member Marquez, and passed 3-2 with Mayor Guerra and Mayor Pro Tem Vasquez voting no,to have Council Member Marquez serve as Mayor Pro Tem. 10.APPROPRIATED$20,000 OF GENERAL FUND RESERVES FOR THE FORMATION OF A JOB CREATION PARTNERSHIP PROGRAM BETWEEN THE CITIES OF DOWNEY, COMPTON, NORWALK, SOUTH GATE, AND THE LOS ANGELES REGIONAL SMALL BUSINESS DEVELOPMENT CENTER(SBDC): Community Development. Community Development Director Saeki stated his department has been working closely with the Gateway Cities Council of Government on this Economic Development Program to assist small business owners in creating sustainable financial strategy. This collaborate effort includes a four week program and one-on-one business consulting services to 30 business in each participating community. The program will begin in January 2014 and run through the end of the year. The total cost is$115,000 with each participating City paying $20,000. The remaining $30,000 will be funded by the Los Angeles Small Business Development Center. Staff is requesting consideration of this item from the City Council. Mayor Guerra stated the City will continue to work towards job creation with our surrounding communities. Council Member Saab asked if there is any historical data on this program that can be taken into consideration. Community Development Director Saeki stated this is a new program and historical data does not exist at this time but having heard from the small business community one of their greatest challenge is handling the financial aspects of business. This program will address those needs. Council Member Saab asked how the City will quantify the effectiveness of this program. Community Development Director Saeki stated that at the end of the program there will be an assessment of its effectiveness that will include the sustainability of the businesses. Mayor Pro Tern Vasquez stated that the program is meant for one year but in the history of new business the first year is the most challenging and usually related to financing or capital issues. He asked if measures would be in place to analyze year two or three of the new business. Community Development Director Saeki stated there were still some aspects of the program that are conceptual but the goal is to be able to track the success of the program through the success of the businesses past year one. City Manager Livas stated the Los Angeles Small Business Development Program has found that there are specific criterias that appear to be consistent with small businesses failing. The goal is to address those issues to prevent future failures. Also, there are businesses that have the potential for growth but due to a lack of a business plan are not growing. The goal of the program is to provide business owners tools to grow. He stated this is an innovative pilot program to help businesses become successful. Council Member Saab asked if the program had been budgeted in the General Fund. City Manager Livas stated it was not part of this fiscal budget and the funds would have to be appropriated to the Community Development Department and would come from the General Fund Reserve. Mayor Pro Tem Vasquez asked if this was the program former City Manager Caton was a part of. He stated if the Council approved this item he would like to have information past year one. City Council Minutes-November 26, 2013 7 City Manager Livas stated Mr. Caton has a consulting role and was working closely with the Gateway Cities Council of Government. He stated this is a pilot program and more detail will follow. Mayor Guerra asked for clarification on the criteria for selecting a business and will the criteria be made known to the Council. Community Development Director Saeki stated he will be meeting with the other Cities to determine what will quality a business for this program and Council will have access to the information. City Manager Livas requested this item be brought back to the Council with the additional information that is being asked by Council tonight. Mayor Guerra asked how the City was selected to be part of this program. Community Development Director Saeki stated because it is a large community within the Gateway Cities Council of Government. City Manager Livas stated it was also due to the close proximity to the Business Development Center in Long Beach. Community Development Director Saeki stated that from an economic standpoint due to recent budget cuts the City is not able to address the small business community as it would like to and this tool would assist. Mayor Guerra stated the City will do anything it can to help the small business community but the Council will need more time to discuss this item that is lacking some information at this time. Council Member Saab agreed that the City Council needed additional time to consider this item. Mayor Pro Tem Vasquez asked if this item was previously discussed at a Gateway Cities Council of Government meeting. Council Member Marquez stated it was part of a project but not discussed in detail it was part of a General Plan. Gateway Cities Council of Government decided to look at each region to see how regions could address economic development. This is a small component of their General Plan a more comprehensive plan to include the use of land and real estate will be rolled out in the near future. Council Member Saab stated he understood their goal; however, the City of Downey has higher unemployment rate than the other participating communities. He stated there were many questions that still need to be answered regarding this program. This City Council agreed to continue this item to the meeting of December 10, 2013 STAFF MEMBER COMMENTS City Manager Livas had no comments. ADJOURNMENT: at 8:31 p.m.to December 10,2013,6:30 p.m., in Memory of Christopher Kutlu,son of Management Information Services employee Janet Benavides and brother of Finance Division Junior Accountant Kathleen Van Raay; City of Lawndale Mayor Harold E. Hofmann; and,the servicemen who perished this past week during Operation Enduring Freedom: Staff Sgt. Richard Vasquez, 28, Sequin, TX; Staff Sgt. Alex Viola, 29, Keller, TX. 44Cct— e.t.k..._ aink_ ADRIA M. JIMENEZ, MC 1 FERIA DO i EZ City Clerk Mayor City Council Minutes- November 26,2013 8