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HomeMy WebLinkAboutMinutes - 06-23-09 - Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JUNE 23, 2009 The City Council of the City of Downey held a Regular Meeting at 7:33 p.m., June 23, 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. Pomrehn, 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 Brossmer expressed he was glad to see Mayor Pro Tem Bayer present tonight, despite her recent accident; noted he attended the Vega Golf Tournament in honor of Cindy Vega, a former teacher at Warren High School; announced the Unity in the Community annual picnic will be held this Saturday; thanked the Mayor for his informative article in the newspaper; mentioned he toured the Learning Center and Discovery Park with Assistant Deputy City Manager Pomrehn today; noted the 1 “ round of military banners has begun and he is sponsoring one of them; he attended several of the events related to Lance Corporal Whittle and is proud of the services provided by staff, Police and Fire in the bringing of his body home and the funeral service; requested the memorial honoring all our fallen heroes who died in the lines of duty and purple heart recipient heroes continue to move forward. Council Member Gafin recognized Rick Rodriguez, Chamber of Commerce President, in the audience; and encouraged everyone to attend the 4th of July celebration at the Grand Opening of the Discovery Sports Complex. City Council Minutes 06/23/09 -1- Mayor Pro Tem Bayer thanked everyone for the well wishes on her recovery and the Fire Department for their excellent service; recognized Julie Emerson from the Gas Company and her commissioner Lee Ann Sears in the audience. Council Member Marquez commended Police, Fire and City staff for the manner in which they assisted in Lance Corporal Whittle’s burial procedures; he noted his support of a memorial for fallen heroes at City Hall; and mentioned that the Bob’s Big Boy construction is progressing. Mayor Guerra recognized Mike Holland, representative for Assembly Member Hector De La Torre and Julie Emerson from Southern California Gas Company in the audience; requested a link on the City website to the Gas Company’s rebate site; noted he attended the Contract Cities board meeting, several ribbon cuttings, a Website subcommittee meeting, the Downtown subcommittee meeting, the Sister City installation and a 4th of July Celebration committee meeting; he reported that $25,000 has been raised in sponsorships for the 4th of July Celebration; mentioned the Save Our Cities website sponsored by Contract Cities which describes the State’s budget shortfalls and where they are considering taking the money from; and recognized Joseph Legaspi, representative for Assembly Member Charles Calderon, in the audience. PRESENTATIONS : Mayor Guerra presented Certificates of Recognition to winners of Golf Contest between Rancho Los Amigos and Rio Hondo Golf Clubs pros and champions. PUBLIC HEARINGS: 1.LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT NO. 121 : Public Works. (Continued from June 9, 2009) A. ADOPTED RESOLUTION NO. 09-7137, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE 2009-10 FISCAL YEAR ASSESSMENT FOR LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT 121. Mayor Guerra opened the Public Hearing at 7:59 p.m. City Clerk Midstokke affirmed receipt of the Affidavit of Posting of Notice. It was moved by Council Member Brossmer, seconded by Council Member Gafin and so ordered to receive and file. Public Works Director Ragland explained there are 6,161 street lights within the City, 1,404 of which are owned by the City. The Lighting and Landscape District 121 is divided into 7 zones and funding is provided through direct assessments on the properties in those zones. There has been a significant increase in cost (12%) due to the new street lights and pedestrian lighting installed along Lakewood Boulevard. He explained that in Zone 2 the assessment will be decreasing and Zone L (landscaping) will be increasing its deficit. Council Member Gafin noted his concerns about Zone L constantly being in the negative and asked how the City can increase the maximum charge allowed to bring it back into balance. City Manager Caton explained that it would have to go through the Proposition 218 process and he will bring a report back at the next Council Meeting with possible options. Mark Niehouse, resident of Downey, asked if the cost increase was due to more efficient lighting being used It was moved by Council Member Gafin, seconded by Council Member Brossmer and so ordered to close the Public Hearing, the time being 8:10 p.m. City Council Minutes 06/23/09 -2- There being no further discussion, it was moved by Council Member Gafin, seconded by Council Member Brossmer and unanimously carried to adopt the Resolution. 2.PROPOSED BUDGET FOR 2009-10 FISCAL yEAR: Finance. A. ADOPTED RESOLUTION NO. 09-7138, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE FISCAL YEAR 2009-10 BUDGET WITH IMPLEMENTING DOCUMENTS. Mayor Guerra opened the Public Hearing at 8:10 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. Finance Director Michicoff noted that the proposed budget is $148,741,732 and is divided up with $68,807,179 to the General Fund; $42,203,607 to Special Revenue Funds; and $37,730,946 for Enterprise Funds. Out of the General Fund $5,386,572 will go towards General Government, $30,132,991 to Police, $17,432,122 to Fire, $5,308,697 to Public Works, $7,608,788 to Community Services, and $2,938,009 for Development Services. The revenues for the General Fund come from: $21,140,000 in Property taxes, $15,251,000 in sales tax, $12,622,000 in other taxes, $3,600,628 in interest and rent, $2,961,300 in permits and fines, $2,283,799 in intergovernmental, $5,520,916 in service fees, and $2,180,858 in other revenue. He continued that the General Fund revenues have decreased by 4.6% while the expenditures have increased by less than 1%; there are $45.8 million in Capital Projects; and $15.7 million federal stimulus funds and grants. He noted that the state faces massive deficit of more than $20 billion, $1.8 million in gas tax funds are susceptible to a State grab and $2 million in property taxes may be borrowed by the State. Noting no one from the Public coming forward to speak, it was moved by Council Member Brossmer, seconded by Council Member Gafin and so ordered to close the Public Hearing, the time being 8:20 p.m. Mayor Pro Tem Bayer asked for clarification of the new Council Legislation Travel expense and Mayor Guerra explained that a new account had been set up for $4,000 of which $3,000 of it was pulled from the regular Council Travel budget fund. The funds are to be used for travels related to legislation issues only. Mayor Guerra noted that the budget includes funding to move the signal light at Downey Studios back to Clark Avenue and asked for an $3,000 to $5,000 to host delegates from Sister Cities Guadalajara, Mexico and Alajuela, Costa Rica to celebrate the renewal of the agreements with them It was moved by Mayor Guerra, seconded by Council Member Marquez and carried, noting the dissent of Mayor Pro Tem Bayer, to adopt the Resolution with the addition of $3,000 for the Sister Cities hosting of delegates. 3.CITY FEE RESOLUTION: Finance. A. ADOPTED RESOLUTION NO. 09-7139. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A UNIFORM SCHEDULE OF FEES. City Council Minutes 06/23/09 -3- Mayor Guerra opened the Public Hearing at 8:36 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. Finance Director Michicoff presented a staff report noting that there are 19 increases to fees, 19 additional fees and 9 decreases to fees with the majority of the changes in the Planning Department. No one from the Public came forward to speak. It was moved by Council Member Brossmer, seconded by Council Member Marquez and so ordered to close the Public Hearing the time being 8:40 p.m. There being no furIher discussion, it was moved by Council Member Gafin, seconded by Council Member Brossmer and unanimously carried to adopt the Resolution. NON-AGENDA PUBLIC COMMENT: Harold Tseklenis, resident of Downey, noted his concern for Mayor Pro Tem Bayer’s injury. George Johnson, resident of Downey, indicated he is proud of the City for the honor and respect shown to Lance Corporal Josh Whittle. Jerry Blackburn, resident of Downey, spoke regarding the celebration of the 50th Anniversary of man landing on the moon and the capsules that took them there, which were built in Downey. He presented copies of a new publication on Downey’s Aerospace History 1947-1999. Mark Niehouse, resident of Downey, asked for an update on the vacant homes in Downey; and asked for more information to be given to the public regarding the Avenue Theatre. George Redfox, resident of Downey, noted his opposition to comments made by Council Members about the Avenue Theatre not being historic and asked when a Historic Preservation Ordinance will finally get adopted. Elsa Van Lueven, resident of Downey, stated her concerns the immigration and official language laws not being enforced; and the potential traffic congestion downtown if housing units are constructed . Judy Jacobson, resident of Downey, been to office, explained she has left messages for all Council Members and has had no response and requested that someone contact her. Brianna Koeppe, resident of Downey, suggested preserving the fagade of the Avenue Theatre and using the bottom floor as a performance hall with the housing above. John Lacey, resident of Downey, noted his concerns regarding funding of City Employee pensIons. CONSENT ITEMS REMOVED: 18 ADOPT ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 41 18 OF CHAPTER 1, ARTICLE IV OF THE DOWNEY MUNICIPAL CODE (SIGNS ON PUBLIC PROPERTY): City Attorney. This item was pulled at the request of Mayor Guerra and is listed under Other Business below. City Council Minutes 06/23/09 -4- CONSENT CALENDAR: It was moved by Council Member Brossmer, seconded by Council Member Gafin, and unanimously carried to approve the remainder of the Consent Calendar items as recommended: 4.APPROVED CITY COUNCIL MINUTES; Adjourned Regular Meeting June 2, 2009; Regular and Adjourned Meetings June 9, 2009: City Clerk. 5.APPROVED WARRANTS ISSUED: Warrant Nos. 241440 – 241762: Wire Nos. 460 – 463 and 30001925-30001933; in the total amount of $3,576,574.82: Finance. 6.APPROVED AGREEMENT WITH EDINGTON. PEEL & ASSOCIATES. INC. FOR CONSULTANT SERVICES IN THE AMOUNT OF $50,000: Administration. 7.APPROVED AGREEMENT WITH CARPI CLAY & SMITH FOR CONSULTANT SERVICES IN THE AMOUNT OF $35,000: Administration. 8.APPROVED FIRST AMENDMENT TO TELECOMMUNICATIONS NETWORK STREETLIGHT LICENSE AND ENCROACHMENT AGREEMENT WITH NEXTG NETWORKS OF CALIFORNIA, INC. FOR THE INSTALLATION AND OPERATION OF TELECOMMUNICATIONS EQUIPMENT UPON THE CITY RIGHT OF WAY: Administration. 9.APPROVED AMENDED AGREEMENT WITH ALL CITY MANAGEMENT SERVICES. INC FOR CROSSING GUARD SERVICES EXTENDING SERVICES FOR ONE YEAR: Police. 10.APPROVED AGREEMENT WITH TITAN TRANSPORTATION. INC. AND RENEWED AGREEMENTS WITH UNITED TOWING SERVICE. INC. AND DOUG’S TUG TO PROVIDE TOWING SERVICES FOR A ONE-YEAR PERIOD: Police. 11.APPROVED SUBMiTrAL OF GRANT REQUEST, VIA THE CITY OF LOS ANGELES, FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FISCAL YEAR 2009 LOCAL SOLICITATION: Police. 12.CASH CONTRACT NO. 632 – IC: LAKEWOOD BOULEVARD IMPROVEMENT PROJECT, MEADOW ROAD TO DALEN STREET: ACCEPTED THE IMPROVEMENTS. MAINTENANCE RESPONSIBILITY AND APPROVED FINAL CONTRACT AMOUNT OF$2,352,362.27; AND APPROPRIATED $78,379.17 1N GAS TAX FUNDS: Public Works. 13.APPROVED AGREEMENT WITH PIXELPUSHERS INC.. DBA CIVICA SOFTWARE FOR WEBSITE REDESIGN SERVICES IN THE AMOUNT OF $56,000; AND APPROPRIATED $39,000 FROM THE FISCAL YEAR 2009-10 GENERAL FUND: Community Development. 14.APPROVED CALIFORNIA EMPLOYER’S RETIREE BENEFIT TRUST PROGRAM (CERBT) AGREEMENT WITH CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM TO PREFUND RETIREE MEDICAL BENEFITS. AND APPROVED ALL RELATED DOCUMENTS TO FACILITATE THE FUNDING, INVESTMENT MANAGEMENT AND ADMINISTRATION OF OTHER POST EMPLOYMENT BENEFITS (OPEB): Finance. A. ADOPTED RESOLUTION NO. 09-7140, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AGREEMENT AND ELECTION TO PRE-FUND OTHER POST EMPLOYMENT BENEFITS (OPEB) THROUGH CALPERS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND AUTHORIZING THE CITY MANAGER TO TAKE OTHER ACTIONS REQUIRED BY CALPERS. City Council Minutes 06/23/09 -5- 15.ADOPTED RESOLUTION NO. 09-7141, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2009-10: Finance. 16.ADOPTED RESOLUTION NO. 09-7142, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 63281 (11819 VULTEE AVENUE), APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING A SUBDIVISION IMPROVEMENT CASH DEPOSIT AS SURETY: Public Works. 17.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO SPEED LIMITS FOR IMPERIAL HIGHWAY; Public Works. ADMINISTRATIVE REPORTS: None. OTHER BUSINESS: CONSENT ITEMS REMOVED: 18.ADOPTED ORDINANCE NO. 09-1245 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 41 18 OF CHAPTER 1, ARTICLE IV OF THE DOWNEY MUNICIPAL CODE (SIGNS ON PUBLIC PROPERTY): City Attorney. Chuck Ana, resident of Downey, noted his concern that persons holding yard sales will be the biggest offenders and suggested that an effort be made to make the citizens aware of the new fines It was moved by Council Member Brossmer, seconded by Council Member Gafin and unanimously carried to adopt the Ordinance. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Mayor Guerra responded to previous Public Comments noting that the City has to go through the same permitting process that everyone else does; that the 20% of affordable housing is a State law and he agrees that a community performance hall is a great idea as well as some element of historical preservation at the Avenue Theatre site; he would like to know the progress on the Reverse 911 system; and requested that the City apply for a $3,000 census grant which is available. Council Member Gafin wished everyone a safe and happy 4th of July. STAFF COMMENTS: City Manager Caton, announced that Deputy City Clerk Domen recently received the Certified Municipal Clerk designation; noted that the City has taken many steps to preserve historical buildings like the Kauffman wing at Downey Studios as well as the McDonald’s; and thanked Assistant City Manager Powell for the last 25 years of service in guiding the City’s finances and commended Finance Director Michicoff and staff for preparing this budget. City Council Minutes 06/23/09 -6- ADJOURNMENT: The meeting adjourned at 9:23 p.m. to 6:00 p.m., June 29, 2009, in memory of Marine Lance Cpl. Joshua R. Whittle, Downey resident and former student of Warren High School who died in the line of duty in Afghanistan. KATHLEEN L. MIDSTOKKE, City Clerk a?MARIO A. GUERRA, Mayor City Council Minutes 06/23/09