HomeMy WebLinkAboutMinutes 02-08-11 Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
FEBRUARY 8, 2011
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:30 p.m., February 8, 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 at 6:32 p.m.)
ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director
Gilbert Livas, Assistant City Manager
Yvette M. Abich Garcia, City Attorney/Agency Counsel
Joyce E. Doyle, Interim 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 (6:31 p.m.) to discuss matters under the authority of the following sections of the
Government Code:
1. Government Code Section 54957.6 – Conference with legal negotiator Irma Youssefieh
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.
2. Government Code Section 54956.8 – Conference with real property negotiator Gilbert
Livas re: property at 9715 Firestone Boulevard; negotiating party: Paul Antepara Center;
under negotiations: terms and conditions of lease.
3.Government Code Section 54957 – Public Employee Appointment – City Clerk
RECONVENED:
The meeting reconvened in Open Session at 7:33 p.m. with all Council Members/
Commissioners present. City Attorney/Agency Counsel Abich Garcia announced the
Council/Commission considered Closed Session Items 2 and 3. There were no actions to report.
City Attorney/Agency Counsel Abich Garcia announced the Council/ Commission will resume Closed
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Session after the Regular Council meeting to discuss Item 1. The meeting recessed at 7:34 p.m.
with all Council Members/Commissioners present
The meeting reconvened at 8:46 p.m. and recessed to Closed Session at 8:47 p.m. with all
Council Members/Commissioners present.
The meeting reconvened in Open Session at 9:45 p.m. with all Council Members/
Commissioners present. There were no Closed Session actions to report
ADJOURNMENT:
The meeting adjourned at 9:45 p.m.
JOYCE E ®;lerk/Secretary LUJEfmiABdrson
City Council Minutes (adj.) 02/08/1 1 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
FEBRUARY 8, 2011
The City Council of the City of Downey held a Regular Meeting at 7:37 p.m., February 8,
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
Gilbert Livas, Assistant City Manager
Yvette M. Abich Garcia, City Attorney
Joyce E. Doyle, Interim City Clerk
Desi Alvarez, Deputy City Manager/Special Projects
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 Croom, Fire Chief
Shirley Conte, Secretary to the City Council
Other City Staff
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND
CONFERENCE/MEETING REPORTS:
Mayor Pro Tem Brossmer reported he attended the Independent Cities Association (ICA)
conference in Santa Barbara, February 4-6, and particularly enjoyed the leadership session by
speaker Jack Enters. He recognized Downey Unified School Board Members Nancy Swenson,
William Gutierrez, Todd Corrin and President Martha Sodetani in the audience.
Council Member Guerra reported he also attended the ICA conference, a public safety
conference, and enjoyed the leadership and ethics sessions. He noted pensions were discussed
and it was pointed out they are not sustainable as they are now set up. He attended four new
neighborhood watch meetings; a Gangs Out Of Downey meeting; PTA H.E.L.P.S. Open House
today; recognized True Lasting Connections (TLC) Family Resource Center staff in the audience,
noting this is another great organization helping people; and a Southern California Association of
Governments (SCAG) meeting, advising he serves on the Transportation Committee and Council
Member Gafin serves on the Regional Board. He advised SCAG had a presentation on safe routes
to school and encouraged staff to seek funding for bike and walking paths, which he noted will be
available in April and May. He thanked Congresswoman Lucille Roybal-Allard, Police Chief
Esteves, Fire Chief C;room and the Police and Fire Captains for attending the Catholic Schools
Week community breakfast at St. Raymond Catholic Church. He requested staff look at revising
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campaign contributions, setting a limit of possibly $1,000 and bringing this back to the Council for a
vote; asked that items from the City Council Assignment List be agendized on a regular basis to
provide an update on the items listed and to see if there is enough support by a majority of the
Council in going forth; and asked for an update on traffic calming.
Council Member Vasquez advised he too attended the ICA Conference and enjoyed the
leadership session. He referred to the State's financial challenges and the challenges impacting
public safety.
Mayor Marquez commented on his attendance at the ICA conference and sessions
discussing negative publicity, corruption issues, ethics, leadership and how to run a city. He referred
to state budget issues, the impacts on public safety in other cities, cuts and downsizing and stated
Downey has challenges but is nowhere near the levels of some other communities. He said the City
needs to take a close look at pension reform and do what is best fiscally to move the City forward.
He noted he is the City’s liaison to the Gateway Cities Council of Governments (COG), comprised of
27 cities, and attended a meeting last week to discuss the 1-5 Freeway, the state budget and how
redevelopment changes will impact communities. He said he requested Staff draft a letter of
opposition to the Governor’s redevelopment plan, which was mailed. He requested revisiting the
Council’s goals from the past few years and setting a date at the next Council Meeting for a new
workshop to review progress on previous goals and to add any additional goals. He thanked
members of the audience for attending.
PRESENTATIONS:
Mayor Marquez explained he is reinstating the Mayor’s Service Award to recognize
individuals, organizations, groups and people who contribute in a positive way to impact the lives of
people in the community. He called upon Lucy Perez, Director, and her Staff at True Lasting
Connections (TLC) Family Resource Center, a program of the Downey Unified School District.
Ms. Perez commended the Downey Unified School District for caring for the community’s children.
She recognized School Board Members in attendance and Board President Martha Sodetani
introduced Board Members Nancy Swenson, Tod Corrin and William Gutierrez. Ms. Perez
introduced and commended her staff members Lori Roman, Evelyn Martinez and Claudia Garcia.
She invited everyone to attend TLC’s Open House Friday, February 25, from 11:00 a.m. – 4:00 p.m.,
noting Porto’s Bakery and Caf6 is donating the refreshments.
Mayor Marquez presented a Certificate of Appointment to Hector Lujan his appointee to the
Planning Commission for Council District Five. He noted Mr. Lujan is involved with youth, is past
President of the American Youth Soccer Association (AYSO) and is a school teacher.
Council Member Vasquez presented a Certificate of Appointment to Jose Maga6a, his
appointee to the Green Task Force for Council District Four. He noted Mr. Magafla is an architect
and has a business in Downey.
Mr. Robert Swayze, Senior Vice President of Economic Development for the Los Angeles
Economic Development Commission (LAEDC) presented a scroll signed by all Los Angeles County
Board of Supervisors to the City recognizing Downey as a finalist in the Most Business Friendly City
program for 2010. He commended the City and its management team for its leadership and
commitment to economic development.
PUBLIC HEARINGS: None
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NON-AGENDA PUBLIC COMMENT:
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Ms. Grace Aschillian and Mr. Bob Goldstein spoke about the lack of information provided to
the community regarding the Administrative Leave for former City Clerk Kathleen Midstokke.
CONSENT ITEMS REMOVED:
7.ADOPT 2011 INVESTMENT POLICY FOR PUBLIC FUNDS OF THE CITY AND ITS
RELATED ENTITIES: Finance. This item was pulled at the request of Council Member
Guerra and is listed under Other Business below.
10.ISSUANCE OF AN OIL PIPELINE FRANCHISE TO LT PIPELINE, INCORPORATED:
Public Works. This item was pulled at the request of Mayor Pro Tem Brossmer and
Mr. Harold Tseklenis and is listed under Other Business below.
A.ADOPT RESOLUTION NO. 11-7252. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY DECLARING ITS INTENTION TO GRANT AN OIL
PIPELINE FRANCHISE TO LT PIPELINE INCORPORATED. AND SETTING
FORTH THE NOTICE OF THE TIME AND DATE FOR HEARING OBJECTIONS
THERETO; and
B. SET MARCH 8, 2011 AS THE PUBLIC HEARING DATE.
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:
1.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings January 25,
2011, and Special Meeting January 27, 2011: City Clerk.
2.APPROVED WARRANTS ISSUED: Warrant Nos. 256124 – 256522; Wire Nos. 30002325 –
30002334 and 689 – 696; in the total amount of $9,108,248.26: Finance.
3.APPROVED FIFTH AMENDMENT TO THE 1-5 CONSORTIUM CITIES JOINT POWERS
AUTHORITY AGREEMENT: Administration
4.APPROVED AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., LIN
CONSULTING, INC., AND W.G. ZIMMERMAN ENGINEERING, INC. FOR ON-CALL
TRAFFIC ENGINEERING SERVICES FOR TWO YEARS: Public Works.
5.APPROVED ELIMINATION OF THE DEPUTY FIRE MARSHAL POSITION AND FILLED
AN ASSISTANT FIRE CHIEF POSITION: Administration.
6.SET PUBLIC HEARING FOR FEBRUARY 22, 2011 FOR THE 2011-12 COMMUNITY
DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP
PROGRAMS: Community Development.
8.CASH CONTRACT NO. S.S. 576 – PARAMOUNT BOULEVARD PAVEMENT
REHABILITATION PROJECT: ACCEPTED IMPROVEMENTS AND APPROVED FINAL
CONTRACT AMOUNT OF $688,433.81 : Public Works.
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9.ADOPTED RESOLUTION NO. 11-7251, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE APPOINTMENT OF SEAN ASHTON TO THE
GREEN TASK FORCE FOR COUNCIL DISTRICT THREE: Mayor Pro Tem Brossmer.
11.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING ARTICLE IV, CHAPTER 11, OF THE MUNICIPAL CODE, ADDING A NEW
SECTION 4971 (ADOPTING BY REFERENCE CHAPTER 8.04 OF THE LOS ANGELES
COUNTY CODE REGULATING PUBLIC HEALTH LICENSES TO INCLUDE MOBILE
FOOD FACILITIES); AND SET PUBLIC HEARING FOR FEBRUARY 22, 2011 :
Administration.
ADMINISTRATIVE REPORTS:
12.APPROVED AGREEMENT WITH BRODIN STUDIOS. INC. FOR A MEMORIAL
HONORING FALLEN DOWNEY POLICE OFFICER WAYNE PRESLEY IN THE AMOUNT
OF $60,000 TO BE FUNDED BY ART IN PUBLIC PLACES; AND APPROPRIATE $30,000
OF ASSET FORFEITURE FUNDS FOR ADDITIONAL COSTS: Police Department.
Police Chief Esteves explained this item is a memorial to fallen officer Wayne Presley and
will utilize $60,000 from the Arts Fund and an additional $30,000 from Asset Forfeiture Funds. He
stated Officer Presley died in the line of duty on April 10, 1981 after being struck by a drunk driver,
Chief Esteves presented a PowerPoint program of the proposed memorial statue called "Call
of Duty" and proposed site south of the Police Department entrance. The memorial will be
hexagonal in shape and can include other names if such an event takes place in the future. Chief
Esteves estimated holding the dedication ceremony close to the 30 year anniversary of Officer
Presley’s passing, which is April 10. He noted the foundation cost of about $30,000 will come from
Asset Forfeiture funds.
The Council felt this is a great tribute and beautiful memorial. They recognized Officer Steve
Guthrie, noting he was also severely injured in the accident that took the life of Officer Presley, and
Officer Presley’s wife, Linda, in the audience. Council Member Gafin stated he would like to
consider future projects from the Arts in Public Places fund and Mayor Pro Tem Brossmer stated he
would like to see something similar for a veteran’s memorial to recognize those fallen heroes.
It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Guerra and
unanimously carried to approve an agreement with Brodin Studios, Inc. in the amount of
$60,000 to be funded by Arts in Public Places for a memorial honoring fallen Downey Police
Officer Wayne Presley, and approve appropriation of $30,000 of Asset Forfeiture Funds for
additional project costs.
13.APPROVED AND APPROPRIATED $18,740.00 FOR LIBRARY WIRELESS INTERNET
ACCESS (WiFI) AND FURNITURE FOR LIBRARY COMPUTER LAB WiFI USERS:
Community Services.
Director of Community Services Phillips presented a PowerPoint program advising staff is
requesting approval and appropriation of $18,740 for Library wireless internet (WiFI) access. The
monies will provide the hardware to buy the access points and cabling. In addition we are
requesting funding for furniture. He noted the room is currently used to house magazines,
newspapers and computers and the magazines and shelving will be removed leaving the 18 public
access computers that are hardwired. We will use donation funds to replace the carpet with carpet
tiles. He advised they will have two-person tables along the walls and individual tables in the center
of the room. The Council felt this was an asset for the community and long overdue
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Mr. George Embrakas stated he hoped it would be advertised to the public.
It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Guerra and
unanimously carried to approve and appropriate $18,740 for Library Wireless Internet Access
(WiFI) and furniture for Library Computer Lab WiFI users.
OTHER BUSINESS:
CONSENT ITEMS REMOVED:
7.ADOPTED 2011 INVESTMENT POLICY FOR PUBLIC FUNDS OF THE CITY AND ITS
RELATED ENTITIES: Finance.
Council Member Guerra asked how often the portfolio is monitored and Finance Director
Michicoff responded it is done daily. He also referred to the Competitive Selection of Investment
Instruments section and the number of bids and Mr. Michicoff advised, if an investment becomes
available, to the greatest extent possible, we will obtain 2 bids. Council Member Guerra also
referred to the $24 million dollars in the local agency account paying less than .5 percent and
Mr. Michicoff advised the City looks at cash flow and possible large expenditures and needs a given
level of liquidity. City Manager Caton noted the City’s money does not come in on a regular basis
and the Finance Director needs to keep money in the liquidity fund to keep the City operating
It was moved by Council Member Guerra, seconded by Mayor Pro Tem Brossmer, and
unanimously carried to adopt the Investment Policy for public funds of the City of Downey and
its related entities.
10.ISSUANCE OF AN OIL PIPELINE FRANCHISE TO LT PIPELINE. INCORPORATED:
Public Works.
A.ADOPTED RESOLUTION NO. 11-7252, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO GRANT AN OIL
PIPELINE FRANCHISE TO LT PIPELINE INCORPORATED, AND SETTING
FORTH THE NOTICE OF THE TIME AND DATE FOR HEARING OBJECTIONS
THERETO; and
C. SET MARCH 8, 2011 AS THE PUBLIC HEARING DATE.
Mr. Harold Tseklenis suggested, in view of recent pipeline explosions in San Francisco and
in Michigan, that the City should make sure any easement allowed provides explicitly for annual
independent entity inspection reports certifying the integrity of the line and to look closely at the
liability these situations call for. He noted the City is fortunate to have pipeline expertise within its
staff through Deputy City Manager Alvarez.
City Attorney Abich Garcia noted this is an important item and one that staff can bring back
during the public hearing and provide more information.
It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Gafin and
unanimously carried to adopt the Resolution and set a public hearing for March 8, 2011 to
consider any objections and granting such franchise.
STAFF COMMENTS:
City Manager Caton noted when he himself first joined Downey’s Staff Mr. Frank Stan was a
very important member of that Staff and thanked the Council for adjourning in his memory tonight.
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The meeting recessed to Closed Session at 8:46 p.m. and reconvened at 9:45 p.m. with all
Council Members present. There were no actions to report.
ADJOURNMENT:
The meeting adjourned at 9:45p.m. to 6:30 p.m., February 22, 2011, in memory of Frank
Stan, former Real Estate Officer, Engineering.
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LUIS H. MARQUEZ,
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