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HomeMy WebLinkAboutMinutes - 03-10-09 - Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING MARCH 10, 2009 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:31 p.m., IVbrch 10, 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/Chairperson Mayor Pro Tem/Vice-Chairperson ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Lee Powell, Assistant City Manager 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 Mark Sauter, Deputy City Manager/Emergency Preparedness Scott K. Pomrehn, Assistant Deputy City Manager Other City Staff PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None. APPROVED CLOSED SESSION MINUTES: February 24, 2009. It was moved by Council Member/Commissioner Brossmer, seconded by Mayor Pro Tem/Vice-Chairperson Bayer, and unanimously carried to approve. RECESSED TO CLOSED SESSION: Mayor/Chairperson Guerra announced the Council/Commission is ncessing to Closed Session (6:32 p.m.) to discuss matters under the authority of the following section of the Government Code: 1.Government Code Section 54957.6 – Conference with labor negotiator Lee Powell re: direction for labor negotiations with Downey City Employees’ Association – Miscellaneous and Maintenance; Downey Public Safety Auxiliary; Downey Firemen's Association; Downey Fire Management; Downey Police Officers Association; Downey Police Management; and Executive and Middle Management. City Council/Community Dev. Comm. Minutes (adj.) 03/1 0/09 -1 - RECONVENED: The meeting reconvened in Open Session at 7:30 p.m. ®th all Council Members/Commissioners present. There were no Closed Session actions to report. ADJOURNMENT: The meeting adjourned at 7:30 p.m. #d'Az;#~4%- KATHLEEN L. MIDSTOKKE, City Clerk/Secretary MnRlo A. GUERRA, Mbyor/Chairperson City Council/Community Dev. Comm. Minutes (adj.) 03/10/09 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING MARCH 10, 2009 The City Council of the City of Downey held a Regular Meeting at 7:33 p.m., March 10, 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, City Manager Edward W. Lee, City Attorney Lee Powell, Assistant City Manager Kathleen L. Midstokke, City Clerk Desi Alvarez, Deputy City Manager/Special Projects Gilbert Livas, Deputy City Manager/Community Development Mark Sauter, Deputy City Manager/Emergency Services Scott K. Pornrehn, Assistant Deputy City Manager Roy Campos, Police Chief John Michicoff, Finance Director Thad Phillips, Community Services Director Brian Ragland, Public Works Director Jeff Turner, Fire Chief Susan Domen, Deputy City Clerk Other Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Council Member Gafin announced that the State of the City Luncheon hosted by the Chamber of Commerce will be held on Friday, March 20th, 11 :30 a.m. at the Rio Hondo Event Center and that on Saturday, March 21 “, the 2-d City Council goals planning session will be held from 8:30 a.m. to 1:00 p.m. at the Downey Civic Library, Cormack Room. Mayor Pro Tem Bayer announced that Economic Development Director John Perfitt will be speaking at Citizens for Downey tomorrow morning at 7:30 a.m. at the Rio Hondo Event Center; reported that the dog that was brought into SEAACA after being dragged behind a car has recovered and 75 families want to adopt the dog. Council Member Marquez mentioned that he attended the West Downey Little League season opener on Saturday; reported that the security issues at the island are being taken seriously including the gate at Treasure Island Park will be locked from 8: p.m. to 7 a.m., additional police patrols have been added, and the lights are scheduled to be approved tonight due. City Council Minutes 03/1 0/09 -1 - Council Member Brossmer noted he attended the Island Block Captain meeting and thanked the citizens and the Police Department for trying to make the City safe; attended Read Across America Read-In at Lewis, Gauldin and Price Elementary Schools; attended the West Downey and Northwest Downey Little League Opening Days; met with Building Director Haines to discuss building processes; toured the Fire Stations with Chief Turner; and received his first green task force application from Harold Tseklenis. Mayor Guerra thanked everyone for the notes and cards during his recovery the last couple of weeks; noted he attended the Southern California Area of Governments (SCAG) meeting where there was a presentation on Senate Bill 375 regarding gas emissions; read at Price Elementary School last week as part of the Read-In America program; attended the West Downey Little League Opening Day ceremonies; and reported that by dialing 211 citizens can get information on receiving assistance in areas with food, housing, and healthcare. PRESENTATIONS : Mayor Guerra presented the Mayor’s Diakonia (servant) Award to the Santana family: FIumberto, Irene and Isabel, for their mutual service to our citizens. Council Member Brossmer presented Certificates of Appointments/Reappointments to: Janet Molinaro, Emergency Preparedness Committee and Theresa Ford, Library Advisory Board, for Council District 3. Council Member Gafin presented Certificates of Appointments/Reappointments to: Vivian Durkee, Art in Public Places Advisory Committee; Bill Minasian, Health and Environmental Sanitation Committee; Michael Murray, Planning Commission; Mark Vasquez, Recreation and Community Services Commission; Martin Susnir, Water Board and Water Facilities Corporation; and Rachel Villalobos, City Hospital Commission for Council District 1. PUBLIC HEARINGS: 1.RECEIVED PUBLIC INPUT ON USE OF FEDERAL NEIGHBORHOOD STABILIZATION PROGRAM FUNDS AND DIRECTED STAFF TO PREPARE A REQUEST FOR FUNDING APPLICATION SEEKING UP TO $695,825 FROM THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT: Economic Development. Mayor Guerra opened the Public Hearing at 7:54 p.m. City Clerk Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Brossmer, seconded by Council Member Gafin and so ordered to receive and file. Housing Manager Velasco presented a Power Point presentation explaining that the Housing and Economic Act of 2008 (HERA) provides $3.92 billion for Neighborhood Stabilization Programs (NSP). He stated that Downey is 1 of 26 Los Angeles County cities that are considered Tier 2 and have to apply to the State for the funding. There is a $1 million dollar threshold for applying for the funds and Downey is eligible for $695,825 therefore we must partner with another jurisdiction. There is criteria for distribution of funds that is based on the percentage of homes in foreclosure, those financed by subprime mortgages and those likely to face foreclosure. NSP funds must be used to benefit households earning at or below 120% of area median income and the funds must be obligated within 18 months. The eligible uses of the funds are: financing mechanisms for purchase & redevelopment of foreclosed properties through down payment assistance, shared equity, loan loss reserves to which 6-7 projects have been identified; the purchasing and rehabilitation of abandoned or foreclosed homes through acquisition, rehabilitation and preservation, relocation and City Council Minutes 03/10/09 -2- housing counseling to which 2-3 properties have been identified; to establish land banks for homes that have been foreclosed upon through acquisition and disposition to which 2-3 properties have been identified; to demolish blighted structures through demolition and clearance activities; new housing construction, disposition and public facilities and improvements. The City is currently exploring options for use of funds and potential partnerships with other jurisdictions and scheduling additional public meetings. Mayor Guerra asked what the possibilities of co-partnering are and how it would be handled. Manager Velasco stated that there are several cities eligible to join with and are interested. There are different options of handling the funds, one being Downey as the lead agency. Harold Tseklenis, resident of Downey, asked if NSP eligibility is affected by owner or developer occupied status and was informed that it must be a foreclosed property (bank owned). It was moved by Council Member Brossmer, seconded by Council Member Gafin and so ordered to close the Public Hearing the time being 8:07 p.m. It was moved by Council Member Gafin, seconded by Council Member Brossmer and unanimously carried to direct staff to prepare a request for funding application. NON-AGENDA PUBLIC COMMENT: Dr. Shahira Malek, resident of Downey, feels that the Council should listen more to citizens’ concerns and utilize volunteers. Richard Pridham, resident of Downey, suggested a change in the traffic flow at Florence Avenue and Studebaker Road. William and Marlene Griffin, residents of Downey, explained that due to issues with contractors on the remodel of their home and new requirements for permits they are having financial difficulties and may loose their home. They requested assistance from the City. Trisha Zalembo, resident of Downey, thanked staff for the meeting and reported that it was determined where the recent gas smelling odor was coming from and that the subject company had been citied by the Air Quality Management District. William Buell, resident of Downey, stated that the security lighting at Treasure Island park will be a welcome addition and thanked staff for clearing the shrubs at Cleargrove Avenue. The following members of the LaRouche Committee spoke in favor of the Council passing a Resolution supporting Lyndon LaRouche’s Homeowners and Bank Protect Act of 2007: Elizabeth O’Connell Jason Bustani (sp?)Nick Walsh Lucy Riveros, resident of Downey, mentioned that her children went to school with the sisters of the boy that was murdered on the Island last week and that this tragedy shows that everyone needs to pull together to prevent these types of occurrences in the future. CONSENT ITEMS REMOVED: 7.ADOPT RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A FEE FOR THE REGISTRATION OF VACANT City Council Minutes 03/1 0/09 -3- RESIDENTIAL PROPERTY: Administration. This item was removed at the request of Council Member Gafin and is listed under Other Business below. CONSENT CALENDAR: It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Bayer, and unanimously carried to approve the remainder of the Consent Calendar items as recommended: 2.APPROVED CITY COUNCIL MINUTES: Adjourned Regular Meeting February 14, 2009; Regular and Adjourned Meetings February 24, 2009: City Clerk. 3.APPROVED WARRANTS ISSUED: Warrant Nos. 238610 – 239054; Wire Nos. 432 – 433 and 30001862-30001870; in the total amount of $3,353,438.70: Finance. 4.APPROVED AGREEMENT WITH KFM ENGINEERING FOR PREPARATION OF PLANS, SPECIFICATIONS AND BID DOCUMENTS IN CONJUNCTION WITH THE REHABILITATION OF FIRESTONE BOULEVARD BETWEEN OLD RIVER SCHOOL ROAD AND NASH AVENUE IN THE AMOUNT OF $93,740: Public Works. 5.APPROVED CITY-SPONSORED “DINE-IN-DOWNEY“ LOCAL RESTAURANT PROMOTIONAL PROGRAM AND APPROPRIATED $10,400 FROM THE GENERAL FUND: Economic Development. 6.ADOPTED RESOLUTION NO. 09-7118, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE SUBMITTAL OF APPLICATIONS TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR ALL AVAILABLE GRANTS UNDER THE CALIFORNIA OIL RECYCLING ENHANCEMENT ACT AND ALL AVAILABLE HOUSEHOLD HAZARDOUS WASTE GRANTS FOR A PERIOD OF FOUR YEARS: Public Works. ADMINISTRATIVE REPORTS: 8.APPROVED THE FORMATION OF A GREEN TASK FORCE TO SERVE FOR A PERIOD OF ONE yEAR AND AUTHORIZED SOLICITATION OF APPLICATIONS: Administration. Deputy City Manager Alvarez noted that this item is one of the Mayor’s goals for the year and would address environmental issues and programs. The concept of this committee is to be a one year committee consisting of 8 members; 2 Council Members, 1 Downey Unified School District Representative; and 5 members from the public who would be selected by submitting an application which would be reviewed and then selected by the Council. Their purpose is to improve public awareness and knowledge on environmental issues; to identify short and long term solutions and programs and to advise the City Council on a course of action. The issues the committee would address are: energy, waste reduction, urban design, transportation, environmental health and water resources. They would meet on a monthly basis and would review information and conduct independent research on issues. One of the City Council representatives would be the Chairperson and coordinate with the Council on progress. The task force is anticipated to work on their own. Council would need to appropriate the expenditure of funds for staff time in the future when needed. He concluded by noting that in reviewing the applications the Council would be looking for the expertise of individuals and the applications will be advertised in the paper and on the website. Mayor Guerra stated that he has spoken to the recycling coordinator at the Coca Cola plant, Sally Flowers from the Central Basin Water District and Julie Emerson from Southern California Gas Company about serving on the task force and he does not feel they should have to go through the application process. He also feels that there should be staff time allocated to the committee now instead of having to ask every time someone is needed. City Council Minutes 03/1 0/09 -4- Council Member Brossmer suggested that each Council Member appoint one person to the committee to provide representation from the entire City. Council Member Gafin noted his agreement with Council Member Brossmer’s request and stated that he would like the applications put on the website. Mayor Pro Tem Bayer questioned the need for a representative from the School District and noted she would rather see the Gas and Electric companies along with Coca-Cola serve on the committee. Mayor Guerra responded that he had wanted the larger groups in the City to participate to provide a broader section and that the number of members could be changed. He would still like to see a School District representatIve, a Coca-Cola representative and a Gas Company representative in addition to the 5 appointed by Council. Council Member Marquez noted his agreement with Council Members Brossmer and Gafin on having each Council Member appoint a member to the committee. He would like to see the changes made to the appointment process and have the item brought back to Council for approval. Mayor Guerra clarified that the changes could be made in the motion this evening. It was moved by Mayor Guerra, seconded by Council Member Gafin and unanimously carried to form a Green Task Force which includes 2 Council Members, 1 School District Representative, 3 at large based on qualifications and 5 citywide members individually appointed by each Council Member with approval by the Council; with staff time allocated to the task force not to exceed 5 hours per month. Prior to the vote, Council Member Brossmer asked if the Council appointments would have to be from their district or could they appoint at large and if they had to be a resident or could they be someone who is employed in the City. Mayor Guerra responded that the appointments could be at large and should be the best people available. Council Member Gafin asked for clarification of the number of members of the task force and if it would be citywide nominations and was told the number is 1 1 and the nominations would be citywide. Mayor Pro Tem Bayer questioned if the 5 appointed members needed to be residents of the City and was told yes. Council Member Marquez asked who would select the 3 at large expert members and was told the Council would approve the entire 1 1 appointees. City Clerk Midstokke clarified that the motion included having staff time allocated to the committee and if the second of the motion agreed to this. Council Member Gafin thinks that at this time any time allocated by staff should be incidental and that the committee should be doing their own research as they are a voluntary committee. He would only agree to incidental time. Mayor Guerra suggested that the staff time be set at 5 hours per month and Council Member Gafin agreed to that limit. Council Member Marquez noted he is happy that the City is taking steps to set a green policy for the City. City Council Minutes 03/1 0/09 -5- Mayor Guerra stated that he wants to serve on the committee. Mayor Pro Tem Bayer nominated Council Member Gafin as the second member to which he declined. Mayor Guerra nominated Council Member Marquez. City Clerk Midstokke clarified that the motion includes the rest of staff recommendations that are not in conflict with it. Harold Tseklenis, resident of Downey, suggested that the committee think about how the General Plan is put together as a guideline. The committee should be appointed prior to April 15th so that members can attend the annual meeting at the Gas Company regarding green technology. OTHER BUSINESS: 9.APPROPRIATED $170,000 FROM THE GENERAL FUND FOR TREASURE ISLAND PARK SECURITY LIGHTING PROJECT AND DIRECTED STAFF TO PREPARE PLANS AND SPECIFICATIONS FOR PUBLIC BID: Council Member Brossmer. Council Member Brossmer explained that this project has been ongoing for the last several years that included surveys and previous Councils seeking funding. The first series of grant applications were unsuccessful and he is suggesting that the funding be appropriated from the General Fund while still applying for grants. Mayor Pro Tem Bayer asked how the amount was determined and City Manager Caton responded that last year an architect designed the lighting system and provided an estimate. Council Member Brossmer clarified that this lighting is specifically for security. Council Member Gafin noted that three years ago then Council Member Trejo requested lighting in this park and that the lights need to be installed now as the residents have waited long enough Mayor Guerra noted that he has concerns with taking $170,000 from the General Fund; however, the lighting has been promised to the residents and it is time to go forward. Council Member Marquez stated that the City has the commitment to public safety and quality of life and security lighting is a necessity for this area. It was moved by Council Member Brossmer, seconded by Council Member Marquez and unanimously carried to approve staff recommendation. Prior to the vote, Harold Tseklenis, resident of Downey, recommended that solar power lighting be considered. 10.CONSIDERATION OF ADOPTION OF RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING SALARY INCREASES TO EXECUTIVE AND MIDDLE MANAGEMENT: Mayor Pro Tem Bayer. Mayor Pro Tem Bayer explained that she had requested this item to be on the agenda due to the past precedence of fairness and trust between staff and the Council in regards to raises. She noted that in her 7 years on Council the raises have always been fair and equitable to all employees and that the rest of the employees have received a cost of living adjustment. She trusted management when they suggested a hiring freeze as a way to compensate for granting employee salary increases and keeping staff here. She noted how fortunate the City is to have the dedicated City Council Minutes 03/10/09 -6- management team that it does. She explained that due to the efforts of the management team, the City is in a position where they don’t have to consider cutting programs or staff as there is a large reserve fund from their conservative efforts. Council Member Brossmer questioned why this item was being brought back to Council and stated he is unclear as to whether or not the City can afford the raises at this time. Council Member Gafin noted that he agrees that the City operates independent of other cities and saves for a rainy day. He feels that this group of employees deserves the same raises granted to the rest of the employees. Council Member Brossmer indicated that the reserve funds should not be used to finance raises. He said that most people are grateful to have jobs at this time and he will be laying off a quarter of his staff due to cuts from the State. Mayor Guerra stated that the City cannot base decisions without considering the economy and that this was decided upon in December. He noted that retroactive raises at this point would be a gift of public funds and that he is disappointed in the process that this item was brought forward. He would like to have a year to date report on the budget status and perhaps review again during the budget process in May. Council Member Marquez stated that this is a tough issue as he supports the management staff; however, he is concerned with the way it was presented and would like it brought back in a couple of weeks with more information on the budget. It was moved by Mayor Pro Tem Bayer, seconded by Council Member Gafin and failed (noting the dissention of Mayor Guerra and Council Member Brossmer; and the abstention of Council Member Marquez) to adopt the Resolution. City Manager Caton clarified that Council Member Marquez is requesting that the item be brought back in April with more information on the budget. CONSENT ITEMS REMOVED: 7.ADOPT RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A FEE FOR THE REGISTRATION OF VACANT RESIDENTIAL PROPERTY: Administration. Council Member Gafin explained that he feels people should be charged a fine if they fail to register the properties, but no charge to register them. City Manager Caton noted that the properties being discussed are banked owned, and the cost is to cover staff time for registering the property and all tasks associated with it. Council Member Gafin stated that he feels the staff time will be minimal to operate this registration process. Council Member Brossrner agreed that this is directed towards bank owned properties and $50 to $100 is not an extravagant cost. City Manager Caton suggested that the program be started without the fee and it can be reviewed in June with the fee schedule. City Council Minutes 03/10/09 -7- After further Council discussion, City Attorney Lee noted that the item is being withdrawn from the agenda. STAFF COMMENTS: None. ADJOURNMENT: The meeting adjourned at 9:58 p.m. to 8:30 a.m., March 21, 2009 at the Downey City Library. Cormack Room, 11121 Brookshire Avenue; in memory of Virginia Morris, mother of Downey Unified School District Board of Education member and Housing Planner Mark Morris. FIG'iI'O2 @ U e F City Council Minutes 03/1 0/09