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HomeMy WebLinkAboutMinutes - 01-13-09 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JANUARY 13, 2009 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:31 p.m., January 13, 2009, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairperson Mario A. Guerra presiding PRESENT:Council Members/Commissioners: Mario A. Guerra Anne M. Bayer Luis H. Marquez Roger C. Brossmer David R. Gafin Mayor Mayor Pro Tem ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Lee Powell, Assistant City Manager/Executive Director Edward W. Lee, City Attorney/Agency Counsel Kathleen L. Midstokke, City Clerk/Secretary Desi Alvarez, Deputy City Manager/Special Projects Gilbert Livas, Deputy City Manager/Community Development Scott K. Pomrehn, Assistant Deputy City Manager John Perfitt, Economic Development Director Other City Staff PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: The following persons spoke in favor of a fair and equitable contract with the Downey City Employees Association – Miscellaneous Unit: Paul Beaghly Noreen Kimura APPROVED CLOSED SESSION MINUTES: December 9 and 15, 2008. It was moved by Council Member/Commissioner Brossmer, seconded by Council Member/Commissioner GaIn and unanimously carried to approve. RECESSED TO CLOSED SESSION: Mayor/Chairperson Guerra announced the Council/Commission is recessing to Closed Session (6:35 p.m.) to discuss matters under the authority of the following sections of the Government Code: 1. Government Code Section 54956.8 – Conference with real property negotiator Gilbert Livas re: property at 1 1022 Downey Avenue and 8314 2-d Street; negotiating party: National Community Renaissance – Alfredo lzmajtovich; under negotiations: price and terms of payment. City Council/Community Dev. Comm. Minutes (adj.) 01/1 3/09 -1 - 2. Government Code Section 54957.6 – Conference with labor negotiator Lee Powell re: direction for labor negotiations with City Employees Association – Miscellaneous. RECONVENED: The meeting reconvened in Open Session at 7:31 p.m. Qth all Council Members/Commissioners present. There were no actions to report. City Attorney Lee announced they would be returning to Closed Session following the Council Meeting. The meeting recessed at 7:32 p.m. The meeting reconvened at 8:43 p.m. Mth all Council Members/Commissioners present and immediately recessed to Closed Session. The meeting reconvened in Open Session at 8:52 p.m. ®th all Council Members/Commissioners present. There were no Closed Session actions to report. ADJOURNMENT: The meeting adjourned at 8:52 p.m. gbA/lb:#'?7UZ©4ab KATHLEEN L. MIDSTOKKE. City Clerk/Secretary MnRlo A. GUERRA, Mbyor/Chairperson I City Council/Community Dev, Comm. Minutes (adj.) 01/13/09 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JANUARY 13, 2009 The City Council of the City of Downey held a Regular Meeting at 7:34 p.m., January 13, 2009, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Mario A. Guerra presiding. PRESENT:Council Members: Mario A. Guerra Anne M. Bayer Luis H. Marquez Roger C. Brossmer David R. Gafin Mayor Mayor Pro Tem ALSO PRESENT:Gerald M. Caton, Executive Director Edward W. Lee, Agency Counsel Lee Powell, Assistant City Manager Kathleen L. Midstokke, Secretary Desi Alvarez, Deputy City Manager/Special Projects Gilbert Livas, Deputy City Manager/Community Development Mark Sauter, Deputy City Manager/Emergency Preparedness Scott K. Pomrehn, Assistant Deputy City Manager Roy Campos, Police Chief Linda Haines, Building Director John Michicoff, Finance Director John Perfitt, Economic Development Director Thad Phillips, Community Services Director Brian Ragland, Public Works Director Jeff Turner, Fire Chief Susan Domen, Deputy City Clerk Other City Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS; Council Member Marquez wished everyone a Happy New Year and stated he is looking forward to working with everyone to help the City move forward. Council Member Brossmer announced that he had attended the Orion Awards at the Coca- Cola Bottling facility along with Mayor Guerra and Council Member Marquez; attended the Project Area Committee meeting on the Downtown redevelopment; attended a Neighborhood Watch meeting at the Messiah Lutheran Church; thanked the Fire and Police Departments for their recent assistance at Downey Adult School in responding to a call for emergency services. He requested a report on a future agenda regarding graffiti enforcement, research of the existing Municipal Code, specifically Section 4957 which provides a $500 reward and 4960 requiring anti-graffiti materials on new buildings; and congratulated the Downey Rose Float Association on winning the Founders Trophy, stating that the volunteers who work on the float did a fantastic job. City Council Minutes 01/1 3/09 -1 - Mayor Pro Tem Bayer announced the Citizens for Downey meeting tomorrow morning at 7:30 a.m., noting the speaker will be Kelley Roberts, Construction Chairman for the Downey Rose Float Association. Council Member Gafin congratulated the Downey Rose Float Association on winning Founders Trophy and hoped everyone had a good holiday season. Mayor Guerra noted his pride in the Downey Rose Float Association and that he had the opportunity to get a closer look at the preparations for the float. He stated that Downey’s float is done all by volunteers and encouraged everyone to help out when they can. He mentioned that he hosted a delegation of 21 high level dignataires from China last week where they toured the Police Department, Library, Golf Course and Learning Center; he commended the energy efficiency program at Coca-Cola that won an award; and introduced Sally Flowers, City of Artesia Council Member in the audience PRESENTATIONS : Mayor Guerra presented a Proclamation declaring January 16, 2009 as Religious Freedom Day Sally Flowers, City of Artesia Council Member and Ed Vasquez, Director Central Basin Municipal Water District presented a Certificate of Recognition for the City’s Water Conservation Outreach Campaign. PUBLIC HEARINGS: None NON-AGENDA PUBLIC COMMENT: Lars Clutterham, resident of Downey, requested the Council establish a Dine-in-Downey week from March 22 – 28 which would coincide with a project UNICEF is promoting to help feed third world countries. Robert Bryan, representative Downey City Employees Association-Maintenance Unit, explained employees will be leaving soon and they appreciate the Closed Session discussions. Irantzu Pujadas, Field Representative for Senator Lowenthal, introduced herself as Downey’s new representative. Leonila Minor, resident of Downey, asked for the Council’s help in resolving some Code Enforcement issues regarding her property. Mayor Guerra asked staff to speak with her after the meeting Richard Pridham, resident of Downey, suggested that Sacramento senior staff and legislatures should get IOU’s for their salaries until they settle the budget; stated he attended the meeting on the Downtown area; stated lights on Downey Avenue and Lakewood Boulevard not working; and questioned the number of actual convictions for graffiti crimes. City Council Minutes 01/1 3/09 -2- CONSENT ITEMS REMOVED: 6.RECEIVE AND FILE THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDED JUNE 30, 2008: Finance. This item was pulled by Mayor Guerra and is listed under Other Business below. 7.ADOPT INVESTMENT POLICY FOR PUBLIC FUNDS OF THE CITY OF DOWNEY AND ITS RELATED ENTITIES: Finance. This item was pulled by Mayor Guerra and is listed under Other Business below APPROVE EXTENSION OF AGREEMENT WITH LEHMAN, LEVI. PAPPAS AND SADLER FROM JANUARY 31, 2009 TO JANUARY 31, 2010 FOR GENERAL ADVOCACY SERVICES IN SACRAMENTO: Administration. This item was pulled by Mayor Guerra and is listed under Other Business below. 8. 14.ADOPT ORDINANCE NO. 9. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING CHAPTER 7 TO ARTICLE VIII OF THE DOWNEY MUNICIPAL CODE REQUIRING REGISTRATION AND MAINTENANCE OF VACANT AND ABANDONED PROPERTY; Administration. This item was pulled by Mayor Guerra and is listed under Other Business below. CONSENT CALENDAR: It was moved by Council Member Gafin, seconded by Mayor Pro Tem Bayer, and unanimously carried to approve the remainder of the Consent Calendar items as recommended: 1.APPROVED CITY COUNCIL MINUTES: Adjourned Meeting December 2, 2008; Regular and Adjourned Meetings December 9, 2008; Adjourned Meeting December 15, 2008: City Clerk 2.APPROVED WARRANTS ISSUED: Warrant Nos. 236784 – 237647; Wire Nos. 407 – 415 and 30001808-30001834; in the total amount of $10,230,879.99: Finance. 3.SET PUBLIC HEARING FOR FEBRUARY 10, 2009 REGARDING THE 2009-10 COMMUNITY DEVELOPMENT BLOCK GRANT AND THE HOME INVESTMENT PARTNERSHIP GRANT PROGRAMS: Economic Development. 4. 5. APPROVED BUDGET CALENDAR FOR THE 2009-10 BUDGET: Finance APPROVED AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH GRANICUS, INC. FOR INTERNET STREAMING OF MEETINGS: Administration. 9.APPROVED AND APPROPRIATED $94,000 FOR THE PURCHASE AND INSTALLATION OF LED ELECTRONIC MESSAGE CENTER FOR THE DOWNEY THEATRE/EMBASSY SUITES HOTEL: Community Services. 10.APPROVED AGREEMENT FOR SPECIAL LEGAL SERVICES WITH LIEBERT, CASSIDY AND WHITMORE FOR PERSONNEL RELATED MATTERS: Administration 11.ADOPTED RESOLUTION NO. 09-7100, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING REAPPOINTMENT OF DIANNE LUMSDAINE TO THE DOWNEY CITY HOSPITAL COMMISSION FOR COUNCIL DISTRICT ONE: Administration. City Council Minutes 01/1 3/09 -3- 12.ADOPTED RESOLUTION NO. 09-7101, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING APPOINTMENTS TO COMMISSIONS FOR COUNCIL DISTRICT THREE: Administration. A B. Louis Morales to the Planning Commission; and Jeff Mc Caughan to the Recreation and Community Services Commission 13.ADOPTED RESOLUTION NO. 09-7102, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING APPOINTMENTS TO BOARD. COMMITTEES. AND COMMISSIONS FOR COUNCIL DISTRICT FIVE: Administration A. Rick Rodriguez to the Emergency Preparedness Committee; B. Betty Monroy to the Library Advisory Board; C. Fernando Vasquez to the Planning Commission; D. Carlos Galvan, Jr. to the Public Facilities Financing Corporation; and E. Michael Hemsath to the Recreation and Community Services Commission. ADMINISTRATIVE REPORTS: None. OTHER BUSINESS: 15.APPROVED CITY COUNCIL COMMII-FEE ASSIGNMENTS FOR 2009: Mayor Guerra. Mayor Guerra noted he had taken all Council Members requests into consideration with preference being allotted to senior members of the Council. It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Bayer and unanimously carried to approve. CONSENT ITEMS REMOVED: 6.RECEIVED AND FILED THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDED JUNE 30, 2008: Finance. Mayor Guerra complimented the Finance Department on their reporting practices and asked if the funding percentage on the Retirement Fund is considered adequate and was told yes. It was moved by Mayor Guerra, seconded by Council Member Marquez and unanimously carried to receive and file. 7.ADOPTED INVESTMENT POLICY FOR PUBLIC FUNDS OF THE CITY OF DOWNEY AND ITS RELATED ENTITIES: Finance. Mayor Guerra asked if the City is looking at any different types based on the current economic situation and it was explained that the City is limited on the types of investments it can participate in and that the current policy is very conservative. It was moved by Mayor Guerra, seconded by Council Member Marquez and unanimously carried to adopt. City Council Minutes 01/1 3/09 -4- 8.APPROVED EXTENSION OF AGREEMENT WITH LEHMAN, LEVI, PAPPAS AND SADLER FROM JANUARY 31, 2009 TO JANUARY 31, 2010 FOR GENERAL ADVOCACY SERVICES IN SACRAMENTO: Administration. Mayor Guerra questioned if during these economic times if it is prudent to have this contract and was informed that it is even more prudent to have a permanent presence in Sacramento at this time to lobby for the City’s interests. It was moved by Mayor Guerra, seconded by Council Member Brossmer and unanimously carried to approve. 14.ADOPTED ORDINANCE NO. 09-1239, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING CHAPTER 7 TO ARTICLE VIII OF THE DOWNEY MUNICIPAL CODE REQUIRING REGISTRATION AND MAINTENANCE OF VACANT AND ABANDONED PROPERTY: Administration. Richard Pridham, resident of Downey, asked who would be administering the Ordinance, if there is a cost for registering the properties, what the definition of a vacant is and if the Fire Department will assist in weed abatement on these vacant properties. It was explained that this Ordinance will not replace any existing codes; however, will be in addition to, so as to address properties that are becoming bank owned. It was further explained that this will be administered by current City staff and that any costs the City incurs on these properties will be recovered as a lien on the property It was moved by Council Member Brossmer, seconded by Council Member Gafin and unanimously carried to adopt. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Mayor Guerra congratulated interim Fire Chief Turner and Deputy City Manager Sauter on their positions; requested staff work on a Dine-in-Downey week; and asked his fellow Council Members to state when they agree with items brought up at the meetings so that staff knows more than one of them concurs with the request. STAFF COMMENTS: City Manager Caton thanked Chief Turner and Deputy Sauter for assuming their new positions; noted he will have staff work on the Dine-in-Downey week program as it is important to the City’s sales tax revenue as well; and congratulated the University of Southern California on their recent Rose Bowl win. Mayor Guerra announced that the meeting was recessing back to Closed Session to discuss items previously noted on the agenda, the time being 8:43 p.m. The meeting reconvened in Open Session at 8:52 p.m. with all Council Members present. There was no action to report. City Council Minutes 01/1 3/09 -5- ADJOURNMENT: 8:52 p.m. The meeting adjourned at 8:52 p.m. to 6:30 p.m., January 27, 2009 in memory of Manny R. Guerra, brother of Mayor Guerra; and Herb Welch, longtime Downey resident. ’Zza?)( LEEN L. MIDSTOKKE, City Clerk MARIO A. GUERRA, Mayor City Council Minutes 01/1 3/09