HomeMy WebLinkAboutMinutes 01-11-11 Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
JANUARY 1 1, 201 1
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:35 p.m., January 1 1, 201 1 , in the Council Chamber of the Downey
City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairperson Luis H. Marquez
presiding.
PRESENT:Council Members/Commissioners:
Luis H. Marquez
Roger C. Brossmer
David R. Gafin
Mario A. Guerra
Fernando Vasquez
Mayor/Chairperson
Mayor Pro Tem/Vice-Chairperson
(arrived 6:40 p.m.)
ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director
Yvette M. Abich Garcia, City Attorney/Agency Counsel
Gilbert Livas, Assistant City Manager
Kathleen L. Midstokke, City Clerk/Secretary
Other City Staff
PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None
RECESSED TO CLOSED SESSION:
Mayor/Chairperson Marquez announced the Council/Commission is recessing to Closed
Session (6:37 p.m.) to discuss matters under the authority of the following section of theGovernment Code:
1 Government Code Section 54957.6 – Conference with labor negotiator Gerald eaton re:
direction for labor negotiations with Downey Fire Management Association, Downey
Firemen’s Association, Downey Public Safety Auxiliary Association, and Downey City
Employees’ Association – Maintenance and Miscellaneous Units.
Government Code Section 54957 – Public Employee Performance Evaluation – City
Clerk
2.
Prior to recessing City Attorney Abich Garcia requested an item be added due to a need
arising subsequent to the posting of the agenda and requiring immediate action. It was moved by
Council Member/Commissioner Gafin, seconded by Mayor Pro Tem/Vice-Chairperson Brossmer and
unanimously carried to add Item No. 3 to the Closed Session agenda.
3. Government Code Section 54956.9(c) – Conference with legal counsel – initiation of
litigation, one potential case.
City Council Minutes (adj.) 01/1 1/1 1 -1-
RECONVENED:
The meeting reconvened in Open Session at 7:31 p.m. with all Council
Members/Commissioners present. City Attorney Abich Garcia announced that they would return to
Closed Session at the end of the regular City Council meeting.
The meeting recessed at 7:32 p.m. and reconvened in Closed Session, with all Council
Members/Commissioners present, at 9:07 p.m.
The meeting reconvened in Open Session at 9:55 p.m. with all Council
Members/Commissioners present. There were no actions to report.
ADJOURNMENT:
The meeting adjourned at 9:55 p.m.
at RaE Rl Hmm#aaim
City Council Minutes (adj.) 01/1 1/1 1 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JANUARY 1 1, 2011
The City Council of the City of Downey held a Regular Meeting at 7:35 p.m.1 January 1 1,
2011, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey,
California, Mayor Luis H. Marquez presiding.
PRESENT:Council Members:
Luis H. Marquez
Roger C. Brossmer
David R. Gafin
Mario A. Guerra
Fernando Vasquez
Mayor
Mayor Pro Tem
ALSO PRESENT:Gerald M. Caton, City Manager
Yvette M. Abich Garcia, City Attorney
Gilbert Livas, Assistant City Manager
Kathleen L. Midstokke, City Clerk
Desi Alvarez, Deputy City Manager/Special Projects
Mark Sauter, Deputy City Manager/Emergency Services
Shannon DeLong, Assistant to the City Manager
Rick Esteves, Police Chief
John Michicoff, Finance Director
John Oskoui, Public Works Director
Thad Phillips, Community Services Director
Brian Saeki, Community Development Director
Lonnie C;room. Fire Chief
Susan Domen, Deputy City Clerk
Other City Staff
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS: AND
CONFERENCE/MEETING REPORTS:
Council Member Vasquez wished everyone a Happy New Year; and announced he recently
attended a youth event held by the Kiwanis.
Council Member Gafin wished everyone a Happy New Year; and requested that the Budget
Subcommittee hold a meeting.
Council Member Guerra reported he went to Sacramento for Contract Cities, where the State
budget was discussed; attended a Southern California Association of Governments meeting with
Council Member Gafin and saw a presentation on Urban Planning and smart growth for 2025;
requested staff research imposing an accident tax for non-residents who have accidents within the
City boundaries and utilize City services; requested a City Council strategic planning session with a
moderator; asked that the City Council meetings be broadcast on cable; suggested that fire hydrants
and electrical boxes be painted in a manner to beautify the City; requested the Public Arts
Committee be placed on a future agenda; and wished everyone a Happy New Year.
City Council Minutes 01/1 1/1 1 -1-
Mayor Pro Tem Brossmer thanked the Downey Rose Float Association for another award
winning float and the citizens that helped decorate it; announced he attended a presentation with
Council Member Gafin, Mayor Marquez and Council Member Guerra, receiving a donation from Dr.
Mary Stauffer of $15,000 for the 5th grade students to attend the Challenger Learning Center
program
Mayor Marquez welcomed everyone and wished them a Happy New Year.
PRESENTATIONS:
Mayor Marquez and Recycling Specialist Kathy Simmons presented awards to the winners of
the Annual Used Oil Recycling Calendar Artwork Contest.
Mayor Marquez and Council Member Guerra presented a Certificate of Appointment to the
Green Task Force to George Manzanilla, District Two.
PUBLIC HEARINGS:
1.ADOPTED ORDINANCES FOR THE 2010 CALIFORNIA BUILDING, ELECTRICAL.
MECHANICAL, PLUMBING, GREEN BUILDING STANDARDS, ENERGY. AND
RESIDENTIAL CODES: Community Development (Continued from December 14, 2010)
A. ADOPTED ORDINANCE NO. 11 –1272, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY REPEALING ARTICLE VIII, CHAPTER 1 (“DOWNEY BUILDING
CODE”) AND ADDING THERETO A NEW CHAPTER 1 (“DOWNEY BUILDING CODE”)
AND MAKING AMENDMENTS THERETO (ADOPTING BY REFERENCE THE 2010
CALIFORNIA BUILDING CODE WITH AMENDMENTS).
B. ADOPTED ORDINANCE NO. 11 – 1273, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY, AMENDING ARTICLE VIII, CHAPTER 2, OF THE DOWNEY
MUNICIPAL CODE TO ADOPT THE 2010 EDITION OF THE CALIFORNIA ELECTRICAL
CODE AS THE DOWNEY ELECTRICAL CODE.
C. ADOPTED ORDINANCE NO. 11 – 1274, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY, AMENDING ARTICLE VIII OF THE DOWNEY MUNICIPAL
CODE TO ADOPT THE 2010 EDITION OF THE CALIFORNIA MECHANICAL CODE AS
THE DOWNEY MECHANICAL CODE.
D. ADOPTED ORDINANCE NO. 11 – 1275, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY, AMENDING ARTICLE VIII OF THE DOWNEY MUNICIPAL CODE
TO ADOPT THE 2010 EDITION OF THE CALIFORNIA UNIFORM PLUMBING CODE WITH
STATE OF CALIFORNIA 2010 AMENDMENTS AS THE DOWNEY PLUMBING CODE.
E. ADOPTED ORDINANCE NO. 11 - 1276, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY, AMENDING ARTICLE VIII OF THE DOWNEY MUNICIPAL
CODE ADOPTING THE 2010 EDITION OF THE CALIFORNIA GREEN BUILDING
STANDARDS CODE AND ITS AMENDMENTS AS THE DOWNEY GREEN BUILDING
STANDARDS CODE.
F. ADOPTED ORDINANCE NO. 11 – 1277, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY, AMENDING ARTICLE VIII OF THE DOWNEY MUNICIPAL
CODE ADOPTING THE 2010 EDITION OF THE CALIFORNIA ENERGY CODE AS THE
DOWNEY ENERGY CODE.
City Council Minutes 01/1 1/1 1 -2-
G. ADOPTED ORDINANCE NO. 11 - 1278, AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DOWNEY, AMENDING ARTICLE VIII OF THE DOWNEY MUNICIPAL
CODE ADOPTING THE 2010 EDITION OF THE CALIFORNIA RESIDENTIAL CODE AND
ITS AMENDMENTS AS THE DOWNEY RESIDENTIAL CODE.
The Public Hearing was re-opened at 8:11 p.m. The City Clerk affirmed receipt of Proof of
Publication. It was moved by Council Member Gafin, seconded by Mayor Pro Tem Brossmer, and
unanimously carried to receive and file the proof of publication.
Community Development Director Saeki presented the staff report explaining that the State
adopted a new building code which became effective on January 1, 2011. The 7 proposed
Ordinances will bring the City into compliance with current codes and provide for Downey specific
modifications. He noted that the one significant change this year is the California Green Building
Standards Code and that staff will be going through training this week to become familiar with the
new codes.
Council Member Guerra asked how strict the new requirements would be on the residential
code and was told that most of the new requirements adopted by the State had already been
implemented by the City in preparation for this Code update.
There being no one from the audience coming forward to speak, it was moved by Mayor Pro
Tem Brossmer, seconded by Council Member Gafin and so ordered by the Mayor to close the
Public Hearing the time being 8:17 p.m.
There being no further discussion, it was moved by Council Member Guerra, seconded by
Council Member Gafin and unanimously carried to adopt the Ordinances.
NON-AGENDA PUBLIC COMMENT:
Anthony Santano, resident of Bell, noted that he had an incident at a local business, Anarchy
Library, and the large amount of complaints to the Police Department from this business.
John Lacey, resident of Downey, congratulated City Council Members, City Manager Caton
and staff on the revitalization happening in the City during this poor economy; and suggested a
study be done on the unfunded pension liability issues facing the City.
Greta Campbell, resident of Downey, noted her objections to the appointment of Mr. Garcia
to Planning Commission.
Mayor Marquez recognized Boy Scout Troop 1726 representatives Jerry Martinez and Phillip
Martinez in the audience.
Council Member Guerra suggested staff utilize the Boy Scout Troops to do the flag salute
during the Concert in the Park series this summer.
CONSENT ITEMS REMOVED:
4.CASH CONTRACT NO. S.S. 581 - BELLFLOWER BOULEVARD AND STEWART AND
GRAY ROAD FIBEROPTIC COMMUNICATION SYSTEM PROJECT: APPROVE PLANS
AND SPECIFICATIONS AND AUTHORIZE SOLICITATION FOR BIDS: Public Works. This
item was removed at the request of Council Member Gafin and is listed under Other
Business below.
City Council Minutes 01/1 1/1 1 -3-
5.CASH CONTRACT NO. S.S. 622 – CITYWIDE RESIDENTIAL STREETS RESURFACING
PROJECT: AWARD CONTRACT TO HARDY AND HARPER, INC. IN THE AMOUNT OF
$11247,000: Public Works. This item was removed at the request of Council Member Gafin
and is listed under Other Business below.
8.APPROVE EXTENSION OF AGREEMENT WITH LEHMAN, LEVI, PAPPAS AND SADLER
FOR GENERAL ADVOCACY SERVICES IN SACRAMENTO FROM JANUARY 31, 2011
TO JANUARy 31, 2012: Administration This item was removed at the request of Council
Member Guerra and is listed under Other Business below.
10.INTENT TO ISSUE AN OIL PIPELINE FRANCHISE TO LT PIPELINE, INC.: Public Works.
Action: This item was removed by staff and will be brought back at a future date
A. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DECLARING ITS INTENTION TO GRANT AN OIL PIPELINE FRANCHISE TO LT
PIPELINE. INC.. AND SETTING FORTH THE NOTICE OF TIME AND DATE FOR
HEARING ANY OBJECTIONS THERETO;
B. SET A PUBLIC HEARING FOR JANUARY 25, 2011 TO CONSIDER ANY
OBJECTIONS AND GRANTING SUCH FRANCHISE.
CONSENT CALENDAR:
It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Vasquez, and
unanimously carried to approve the remainder of the Consent Calendar items as recommended:
2.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings December 14,
2010: City Clerk.
3.APPROVED WARRANTS ISSUED: Warrant Nos. 255207 – 255759; Wire Nos. 30002296 –
30002314 and 673 – 681; in the total amount of $7,373,756.61: Finance.
6.APPROVED A SOLE SOURCE AGREEMENT WITH PAUL A. MOOTE & ASSOCIATES
FOR COORDINATION SERVICES RELATED TO UNDERGROUND UTILITY DISTRICT
NO. 22, 1N THE AMOUNT OF $70,627.50: Public Works.
7.APPROVED AGREEMENTS WITH KABBARA ENGINEERING, KFM ENGINEERING, VA
CONSULTING AND W.G. ZIMMERMAN ENGINEERING, FOR ON-CALL CIVIL
ENGINEERING DESIGN SERVICES FOR A PERIOD OF TWO YEARS: Public Works
9.
11.
APPROVED BUDGET CALENDAR FOR THE 2011 - 2012 BUDGET: Finance.
ADOPTED RESOLUTION NO. 11-7244, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ADOPTING THE CLASSIFICATION SPECIFICATION FOR THE
POSITION OF COMMUNITY SERVICES OFFICER (POLICE DEPARTMENT):
Administration.
1 2.ADOPTED RESOLUTION NO. 11-7245, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE APPOINTMENTS TO BOARDS. COMMITTEES
AND COMMISSIONS FOR CITY COUNCIL DISTRICT FOUR: Administration.
13.ADOPTED RESOLUTION NO. 11-7246, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE APPOINTMENT OF PATRICK OWENS TO THE
GREEN TASK FORCE FOR CITY COUNCIL DISTRICT THREE: Administration.
City Council Minutes 01/1 1/1 1 -4-
14.ADOPTED ORDINANCE NO. 11-1 279, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE
RELATING TO SPEED LIMITS ON SEVENTH STREET BETWEEN RIVES AVENUE AND
DOWNEY AVENUE: Public Works.
ADMINISTRATIVE REPORTS: None
OTHER BUSINESS:
15.APPROVE CITY COUNCIL COMMITTEE ASSIGNMENTS FOR 2011: Mayor Marquez.
Council Member Guerra noted that he had served on the Downtown Subcommittee for 4
years and would like to continue to do so.
It was moved by Council Member Guerra and died for lack of a second to accept the
assignment list noting the change of leaving him on the Downtown Subcommittee.
Council Member Gafin suggested approving the remainder of the assignments and removing
the Downtown Subcommittee for discussion. He noted that he feels the committee has done a great
job so far and it would be a disservice to remove Council Member Guerra.
It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Gafin and carried,
noting the descent of Council Member Guerra and Mayor Marquez, to approve the assignments
with the exception of the Downtown Subcommittee.
Mayor Pro Tem Brossmer asked why the Mayor felt he should replace Council Member
Guerra and was told that the Mayor has the opportunity to make the assignments and feels he has a
lot to offer to the committee; however. if the Council wishes he will leave Council Member Guerra on
it
Council Member Vasquez noted that the assignments have historically been the Mayor’s
decision and he would support the Mayor in whomever he wanted on the Committee.
Mayor Pro Tem Brossmer noted the strong feelings on this issue and offered to remove his
name from the assignment so that Council Member Guerra could remain on the committee.
Council Member Guerra stated that he would remove his name as well if Mayor Pro Tem
Brossmer were not on the committee. He noted that previously a Mayor had removed a Council
Member from committee and the Council voted on the appointments for each one separately.
It was moved by Mayor Marquez, seconded by Council Member Guerra and unanimously
carried to appoint Mayor Pro Tem Brossmer and Council Member Guerra to the DowntownSubcommittee.
CONSENT ITEMS REMOVED:
4.CASH CONTRACT NO. S.S. 581 – BELLFLOWER BOULEVARD AND STEWART AND
GRAY ROAD FIBEROPTIC COMMUNICATION SYSTEM PROJECT: APPROVED PLANS
AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS: Public Works.
Council Member Gafin noted that when these cuts are made into the streets they are not
being back filled properly and a depression develops in the spot. He is concerned with the
conditions of the street and having this type of work completed correctly.
City Council Minutes 01/1 1/1 1 -5-
It was moved by Council Member Gafin, seconded by Mayor Pro Tem Brossmer and
unanimously carried to approve the contract.
Prior to the vote, Mayor Marquez stated this is a serious concern issue especially for all of
the streets and sidewalks that have just been redone. Staff responded that projects are being
watched more closely and if they are still under warranty then the contractor can be made to fix
them
Council Member Guerra noted that at the intersection of Imperial Highway and Paramount
Boulevard is a prime example
5.CASH CONTRACT NO. S.S. 622 – CITYWIDE RESIDENTIAL STREETS RESURFACING
PROJECT: AWARDED CONTRACT TO HARDY AND HARPER, INC. IN THE AMOUNT
OF $1,247,000: Public Works.
Council Member Gafin noted that he would like to ensure that unnecessary repair work is not
being done as was done on the Rives Avenue project.
Council Member Guerra concurred with his colleagues comments; asked what the penalties
for not completing the project on time would be and who the citizens can contact to report problems
with streets. He was told that the contingencies for not meeting deadlines are in the contract; and
that citizens can report issues to the Public Works department or the City Manager’s department.
Council Member Vasquez noted that he heard issues regarding this while campaigning and
asked if the street management plan is updated every 5 years. It was explained that the plan had
just been done for residential areas and would be reviewed in approximately 4 years while the
remaining streets would be done in 2 -3 years.
It was moved by Council Member Gafin, seconded by Mayor Pro Tem Brossmer and
unanimously carried to award the contract.
8.APPROVED EXTENSION OF AGREEMENT WITH LEHMAN, LEVI, PAPPAS AND
SADLER FOR GENERAL ADVOCACY SERVICES IN SACRAMENTO FROM JANUARY
31, 2011 TO JANUARY 31, 2012: Administration.
Council Member Guerra stated that he believes this company is highly effective for the City;
however, he would like them to give updates to the Council on a regular basis.
It was moved by Council Member Guerra, seconded by Mayor Pro Tem Brossmer and
unanimously carried to approve the agreement extension.
Prior to the vote, Mayor Marquez noted that he has worked closely with this firm in
Sacramento and thinks they do an exceptional job
STAFF COMMENTS: None
Council Member Guerra noted he feels the Veterans Memorial and City Branding
subcommittees should remain as temporary ad hoc committees. City Manager Caton responded
explaining that the length of time the committees have been in existence require them to become
permanent committees and stated that staff would be bringing back an agenda item to form a new
subcommittee to focus on the other areas in the City that need attention.
City Council Minutes 01/1 1/1 1 -6-
Mayor Pro Tem Brossmer announced that Carl McNair, brother of Challenger Astronaut
Ronald McNair, would be speaking at the Columbia Memorial Space Science Learning Center on
January 25th at 5:00 p.m.
The meeting recessed to Closed Session 9:07 p.m. and reconvened in Open Session at
9:55 p.m. with all Council Members present. There was no action to report.
ADJOURNMENT:
The meeting adjourned at 9:55 p.m. to 6:30 p.m., January 25, 2011, in memory of Victor
Alvarez, cousin of Council Member Vasquez; and Salvador Zuniga, father of Artesia City Council
Member Sally Flowers.
'£7Z TM
A
Lb
KATHLEEN L. MI
Lp-h-
DSTCiKKE,- City tgI
City Council Minutes 01/1 1/1 1