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HomeMy WebLinkAboutMinutes - 02-25-14 Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING FEBRUARY 25, 2014 The City Council of the City of Downey held a Regular Meeting at 6:30 p.m., February 25, 2014, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Vasquez presiding. PRESENT: Council Members: Fernando Vasquez Mayor Luis H. Marquez Mayor Pro Tern Roger C. Brossmer Mario A. Guerra Alex Saab ALSO PRESENT: Gilbert Livas, City Manager John Oskoui, Assistant City Manager Yvette M. Abich Garcia, City Attorney Shannon DeLong, Assistant to the City Manager Adria M. Jimenez, CMC, City Clerk Carl Charles, Chief of Police Lonnie Croom, Fire Chief Brian Saeki, Community Development Director Mohammad Mostahkami; Public Works Director Arlene Salazar, Parks & Recreation Director Gladys Chavez, Secretary The Invocation was delivered by Pastor Nancy Hamm of the Christ Lutheran Church. The Flag Salute was led by Arlene Salazar, Parks & Recreation Manager. STAFF MEMBER COMMENTS: This item was taken out of order. City Manager Lives introduced new Public Works Director Mostahkami. CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE /MEETING REPORTS Council Member Brossmer requested a Subcommittee be formed for the audio /visual project to include himself, the City Clerk and the Public Works Department. He requested the Police Department look into solutions for minimizing noise and loitering on Firestone Place. He reported attending the Kiwanis Event at Mt. Matthias -St. Pius and thanked Kiwanis Member Gayton who was in the audience. Mayor Pro Tern Marquez welcomed the audience and the new Public Works Director Mostahkami. He invited everyone to the Brookshire Park Groundbreaking Event, March 8. Council Member Saab reported attending a Council Priorities Workshop, a Public Works Committee Meeting and the Kiwanis Event at Mt. Matthias -St. Pius. He thanked Kiwanis Member Gayton who was in the audience. He reminded everyone of his office hours, Fridays 3:00 p.m. to 5:30 p.m. Council Member Guerra reported attending a Priorities Workshop, United States Army Advisory Board Meeting, National Board of Character Counts Board Meeting, Kiwanis Event at Mt. Matthias -St. Pius and a Keep Downey Beautiful Event. He thanked Kiwanis Member Gayton and recognized his wife and son who were in the audience. City Council Minutes — February 25, 2014 Mayor Vasquez reported attending: a Downey Chamber of Commerce Meeting and stated they have hired a new Executive Director that will be formally introduced at the next meeting; Workforce Investment Board Meeting and reported that they secured a $1.2 million health care grant; Downey Sanitation District Meeting; Forecast 20/20 Meeting; Heal a Heart Campaign Event; Mexican American Bar Association Meeting; 1 -5 JPA Meeting; and, provided TeleMundo a walk -thru of the Columbia Memorial Space Center, educating them on the facility. He welcomed the Downey Youth Commissioners who were in the audience. He invited everyone to the upcoming Teen Forum that will be held at the Barbara J. Riley Center. PRESENTATIONS Mayor Vasquez and the City Council presented a Certificate of Recognition to St. John Bosco Varsity Football Team Coaches for winning the 2013 National Football Championship. Mr. Jose Gonzalez presented on the Help2Heal A Heart Run/Walk and Wellness Fair. He stated the event is in memory of a child who lost his battle with cancer. His mother Kim Jones started, "Always a Mom Foundation" who then partnered with an athletic organization to promote health and wellness. Ms. Jones stated her organization was formed to help bereaved mothers through a difficult moment in their lives. Gateway Cities Council of Governments (COG) Executive Director Mr. Powers presented on the COG's functions and activities. He stated the COG is in charge of Regional Transportation Planning and Air Quality. It includes Gateway Cities Air Quality Action Plan, housing and economic development, job creation and an economic revitalization programs. Some of their initiatives: 1-5/1-710/91/605/405 Freeway Corridors, high speed rail, arterial highways system planning, and Measure R Projects & Funding. He stated the COG appreciates the City's support. PUBLIC HEARINGS 1. CONDUCTED A PUBLIC HEARING TO CONSIDER THE NECESSITY TO ACQUIRE PORTIONS OF SIX PROPERTIES FOR STREET WIDENING PURPOSES IN CONJUNCTION WITH THE BELLFLOWER BOULEVARD AT IMPERIAL HIGHWAY INTERSECTION IMPROVEMENT PROJECT; and, A. ADOPTED RESOLUTION NO. 14 -7474, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FINDING AND DETERMINING THE PUBLIC INTERESTAND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF PORTIONS OF REAL PROPERTY LOCATED AT 9449, 9454, 9530 AND 9506 IMPERIAL HIGHWAY AND 12500 AND 12757 BELLFLOWER BOULEVARD. Mayor Vasquez opened the Public Hearing at 7:25 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Mayor Pro Tern Marquez and carried to receive and file. City Clerk Jimenez noted there was no correspondence received. Assistant City Manager Oskoui stated he is requesting adoption of a Resolution in order to acquire a necessary portion of six properties for street widening purposes. He stated Bellflower Boulevard at the Imperial Highway Intersection accommodates thousands of vehicles per day. The new Promenade development will increase the daily traffic volume by 20 %. The City is proposing improvements to the intersection in order to maintain an acceptable level of service through the year 2030. The improvements would include additional turn lanes, double left turn lanes, and exclusive right turn lanes. Attorney Bruce Gridley, Kane, Ballmer & Berman, stated during the past two years they have been in contact with the current owner of the land, Downey Land Limited, and with each affected tenant of the project. Six months ago the City extended Downey Land Limited an offer for the land. At that time they were to secure an appraiser. After waiting four months and due to project time constraints the City must move forward with adopting a Resolution of Necessity through a notice of public hearing prior to City Council Minutes — February 25, 2014 commencing eminent domain proceedings. He stated he would continue communicating with Downey Land Limited to see if a resolution can be reached. Council Member Saab asked where the funds for this project would come from, if the City would have to pay the other parties attorney's fees and if there had been any opposition to the project from Downey Land Limited. Assistant City Manager Oskoui stated the funding sources would be Grants, Proposition C, Measure R and Gas Tax. Mr. Gridley stated attorney fees are borne by the land owner and Downey Land Limited recognizes the value of the project and is not opposed to it. Council Member Guerra stated he would only vote for an eminent domain issue if it was related to public transportation, the project will not affect businesses, it would widen the street, businesses were given proper notice, and the City will be paying fair market value. Mayor Vasquez invited the public to speak on this item. Having no one come forward he closed public comment. It was moved by Council Member Brossmer, seconded by Mayor Pro Tern Marquez, and unanimously carried to adopt the Resolution. 2. 2014 -15 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM: RECEIVED PUBLIC COMMENT: Community Development. Mayor Vasquez opened the Public Hearing at 7:39 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Mayor Pro Tern Marquez and carried to receive and file. City Clerk Jimenez noted there was no correspondence received. Community Development Director Saeki stated tonight's public hearing is to receive and file and solicit input from the community regarding the programs. He stated during the final phase of this process staff will provide an Action Plan that will highlight all of the programs and fund allocation in greater detail. He stated 70% of the CDBG fund and 100% of the HOME funds must be principally used to benefit the City's low and moderate- income residents. Mayor Vasquez invited the public to speak on this item. Having no one come forward he closed public comment. It was moved by Council Member Brossmer, seconded by Council Member Saab and unanimously carried to receive and file. NON - AGENDA PUBLIC COMMENT Tammy Smick, resident, asked the Council to reconsider their support of the California Allied for Patient Protection (CAPP) and rescind Resolution 13 -7449. Tim Smick, resident, asked the Council to reconsider their support of the California Allied for Patient Protection (CAPP) and rescind Resolution 13 -7449. Solange Richie, spoke in opposition of the Medical Injury Compensation Reform Act (MICRA) and Resolution 13 -7449. The following people spoke regarding the officer - involved shooting: Jean Thaxton Terry (no last name provided) City Council Minutes — February 25, 2014 CONSENT CALENDAR Council Member Saab pulled Item No. 8 and Council Member Guerra pulled Item No. 6. These items are listed under Other Business. It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Marquez, and unanimously carried, to approve the remainder of the Consent Calendar. 3. APPROVED MINUTES: Regular City Council Meeting of January 28, 2014; Adjourned Regular Meeting of February 11, 2014: City Clerk. 4. WARRANTS ISSUED: Warrant Nos. 282630- 282903; Wire Nos. 30003126- 30003134; Manual Wire No. 1240; Cashier Check Nos. 48 -49, in the total amount of $3,241,636.77: Finance. 5. CASH CONTRACT NO. S.S. 630A - COLUMBIA WAY PAVEMENT REHABILITATION PROJECT (LAKEWOOD BOULEVARD — FOSTER ROAD): ACCEPTED THE IMPROVEMENTS CONSTRUCTED UNDER CASH CONTRACT NO. S.S. 630A, APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $525,126.76 AND DIRECT THE PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF COMPLETION: Public Works. 7. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH DIGITAL EMS INC. FOR THE ELECTRONIC PATIENT CARE REPORTING (ePCR) SOFTWARE AND DATA SOURCE: Fire. 9. ADOPTED RESOLUTION NO. 14-7476, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY -WIDE RECORDS MANAGEMENT PROGRAM RETENTION SCHEDULE AS IT PERTAINS TO POLICE PROTECTION SERVICES RECORDS: Police. 10. ADOPTED RESOLUTION NO. 14-7476, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE EXECUTION OF A GENERAL SERVICES AGREEMENT RENEWAL WITH THE COUNTY OF LOS ANGELES: Administration. 11. ADOPTED RESOLUTION NO. 14-7477, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING HECTOR BELTRAN TO THE PUBLIC WORKS COMMITTEE FOR COUNCIL DISTRICT 3: Council Member Brossmer. 12. ADOPTED RESOLUTION NO 14 -7478, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING MICHAEL CHIRCO TO THE GREEN TASK FORCE FOR COUNCIL DISTRICT 4: Mayor Vasquez. OTHER BUSINESS 8. BELLFLOWER BOULEVARD AT IMPERIAL HIGHWAY INTERSECTION IMPROVEMENT PROJECT: Public Works. This item was pulled by Council Member Saab. A. AUTHORIZED THE MAYOR TO EXECUTE A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH JACK -IN- THE -BOX, INC. IN AN AMOUNT NOT TO EXCEED $2,730; and, B. AUTHORIZED THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT WITH JACK -IN- THE -BOX, INC. IN AN AMOUNT NOT TO EXCEED $3,500.00 FOR THE FABRICATION AND INSTALLATION OF A NEW MONUMENT SIGN AT THE NORTHEAST CORNER OF THE BELLFLOWER BOULEVARD AT IMPERIAL HIGHWAY INTERSECTION, City Council Minutes — February 25, 2014 Council Member Saab requested clarification on the monument sign. Assistant City Manager Oskoui stated the monument sign belongs to the business, Jack -in- the -Box, and it will be relocated. It was moved by Council Member Saab, seconded by Council Member Brossmer and unanimously carried to approve the agreements. 6. CASH CONTRACT NO. S.S. 643 — SLURRY SEAL PROJECT AREA "D ": ACCEPT THE IMPROVEMENTS CONSTRUCTED, APPROVEED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $263,790 AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF COMPLETION: Public Works. Council Member Saab left the dais during consideration of this item because the project is within 500 ft. of his place of business. Council Member Guerra requested information on the contractor for this project. Assistant City Manager Oskoui stated the contractor was Pavement Coating Company. It was moved by Council Member Guerra, seconded by Council Member Brossmer and unanimously carried to approve staffs recommendation. Council Member Saab returned to the dais at 8:16 p.m. ADMINISTRATIVE REPORTS 13. RECEIVED AND FILED BENCHMARK REPORT FOR THE DOWNEY CIVIC THEATRE: Parks & Recreation. Parks & Recreation Director Salazar stated the City operated the theater for approximately 40 years. Most recently in 2011 VenueTech was awarded a contract and began managing the theater. VenueTech will discuss the benchmark report. Ms. Barkett, Senior Vice President of VenueTech, stated they worked on a new business model that included a facility enhancement fee, full service box office, various marketing strategies and programming options. Since 2011 they have created an exciting image for the theatre, analyzed fee schedules, increased community awareness, created a patron database and improved the patron experience. She stated the theatre now has 7,665 patrons, 3,772 active email contacts in their database, a Volunteer Program, has developed business relationships with local businesses, nonprofit organizations and sponsors. Many facility enhancements have been completed and VenueTech also created a new branding identity. Council Member Guerra asked what the artist selection process is. Ms. Barkett stated budget does play a role in the talent they select. In addition, they look for maximum marquee value, a variety of genres and audiences. Artist must be appropriate for the size of the theatre and the artist must be willing to use the venue. Mayor Vasquez asked when the City can expect the theater to trend with the national average of filling 65% of the seats. Ms. Barkett stated the time frame should be 3 -5 years to reach the national average and VenueTech is on track to reach the national average being that this is their 3rd year of taking over theatre operations. City Council Minutes — February 25, 2014 Council Member Guerra asked for clarification on the model of something for everyone versus booking shows that target the City's demographic. He requested information on when the City breaks even or has to pay out for a show. Ms. Barkett stated in order to grow the theatre they must reach the maximum patrons and not only continue selling to the same audience. She stated the business model was to create a programming and marketing tool to create awareness and an image for the theatre. If the goal is to break even on every show or make money, then a different business model will be required. Theirgoal will always be to sell every seat. Council Member Brossmer stated the cost of the talent will dictate how many shows the theatre can have per year therefore, the number of shows will vary year to year. He stated he wants to bring patrons into the City and be proud of the shows. Ms. Barkett explained the benefits of having City sponsored shows to include free advertising opportunities, brochures, table tents, postcards, posters and OR Code. All of these will create a positive image for the City and the theatre. City Manager Livas stated there is room for improvement and VenueTech is looking into improving the process by soliciting feedback from the public via surveys, gathering input from the City Council and also other Cities. Council Member Brossmer stated he is pleased with VenueTech, appreciates the update and would like to increase the diversity of show options and requested meeting annually with VenueTech. It was moved by Council Member Saab, seconded by Mayor Pro Tern Marquez and unanimously carried to receive and file. 14. ADOPTED RESOLUTION NO. 14-7479, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING CHARTER AMENDMENT 14 THAT PROPOSES TO AMEND SECTION 702 OF THE DOWNEY CHARTER BY REMOVING THE REQUIREMENT THAT THE CITY SHALL PROVIDE FOR THE STAFFING OF THE POLICE AND FIRE DEPARTMENTS THROUGH ITS OWN STAFF AND TO REMOVE THE REQUIREMENT THAT ATWO- THIRDS ADVISORY VOTE IS NECESSARY BEFORE THE CITY COUNCIL MAY CONSIDER ALTERNATIVE METHODS OR AGREEMENTS FOR PROVIDING POLICE AND FIRE SERVICES: Administration. City Manager Livas stated this item is meant to allow the City Council an opportunity to formally state their position. Council Member Guerra stated the City will spend $300,000 to place this item on the ballot and the City has been sued by the Fire Union. This amendment will take the vote away from the citizens and the ability to decide on Fire and Police services. He stated the truth is not being told by the Fire Union. The truth is that a 2/3 majority vote by the City Council can disband the City's Police and Fire Department if the Measure passes. The proponents of this Measure are attempting to deceive the public by stating they want the vote in the residents' hands. The residents already have the that right and if this Measure passes they will lose it. He stated our Police, Fire and school district is what makes Downey special. Council Member Saab stated he unequivocally opposes this measure because it deprives the fundamental right of the residents to vote; the current Charter protects their right. A City Council should not have the responsibility to vote on Fire and Police services because the topic is of great importance, that decision should remain in the hands of the voters. He stated being opposed at the disingenuous actions of the supporters of this Measure, the legal fees associated with this item and the personal attacks on City staffs' characters. He stated this Measure will remove the fundamental right of the residents to vote. Mayor Pro Tem Marquez stated he is opposed to the June Ballot Measure. The tax payers will be on the losing end of this item. It is incorrect to take the right away from the voters. City Council Minutes — February 25, 2014 6 Council Member Brossmer stated this is a blatant attempt by the Fire Association to confuse the residents at all costs. He stated being disappointed in their conduct. The data gathered from the county survey revealed the City's current model is superior. He stated the Fire Union has put achieving their personal goals above the tax payers' money. He stated the vote of no confidence for an amazing Fire Chief was disappointing. Fire Chief Croom has been able to achieve many goals and truly cares about his community. Mayor Vasquez stated the taxpayers are the people who will be losing in this issue. There have been numerous reasons from the Fire Association saying why the City is better going with County. The facts are it would cost the City more than fifty percent over ten years. In regards to the level of service and response times, the Council analyzed the data and it was at an acceptable level and the engine has been placed back into service. Downey's fiscal picture looks better and better every year. It is hard for me to believe them when they say that they are concerned about the safety of Downey when none of the sworn firemen live in Downey. Voting is a very sacred privilege in our Country when you go out to the poll and it's just you and your ballot box, to cast your vote. I do not understand why anyone would want to give that right away. I think history will look back on Downey and will be able to say that our residents did the right thing in keeping our Downey fire department and I'm confident under the leadership of Chief Croom, our Downey Fire Department will be better off in the future. Chief Croom did an amazing job and I'm confident that the next Fire Chief will also be able to continue the improvements we have done. I will also be supporting this resolution, to be able to vote no on amending the Charter. Mayor Vasquez invited the public to speak on this item. Having no one come forward he closed public comment. It was moved by Council Member Saab, seconded by Council Member Guerra and unanimously carried to adopt the Resolution. STAFF MEMBER COMMENTS: Council Member Saab asked to be notified when the mock shuttle would be moved to a different location. City Manager stated the Council will be notified. ADJOURNMENT: at 10:01 p.m. to Tuesday, March 11, 2014, at 5:30 p.m., in memory of Jesus Avalos, brother -in -law of Rancho Los Amigos National Rehabilitation Center CEO, Jorge Orozco; Juan Gonzalez, CHP Officer killed in the line of duty on Monday, February 17; and the servicemen who perished this past week during Operation Enduring Freedom: Pfc. Joshua Gray, Van Lear, KY; Spc. Christopher Landis, Independence, KY; Spc. John Pelham, Portland, OR; Sgt.; First Class Roberto Skelt, York, FL; Master Sgt, Aaron Torian, Paducah, KY. -, - - -_t ADRIA M. JIMEN Z, CMC FERNANDO VASQU Z City Clerk Mayor City Council Minutes — February 25, 2014 7