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HomeMy WebLinkAboutMinutes 03-22-11 Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING MARCH 22, 2011 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:33 p.m., March 22, 2011, 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 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 (6:33 p.m.) to discuss matters under the authority of the following section of the Government Code: 1. Government Code Section 54957.6 – Conference with legal negotiator Yvette Abich Garcia/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. RECONVENED: The meeting reconvened in Open Session at 7:36 p.m. with all Council Members/ Commissioners present. City Attorney/Agency Counsel Abich Garcia announced the Council/ Commission considered Closed Session Item 1 and will resume Closed Session after the Regular Council meeting for further discussion. The meeting recessed at 7:38 p.m. with all Council Members/Commissioners present. The meeting reconvened at 9:04 p.m. and recessed to Closed Session at 9:05 p.m. The meeting reconvened in Open Session at 10:10 p.m. with all Council Members/ Commissioners present. There were no Closed Session actions to report. City Council Minutes (adj.) 03/22/1 1 -1- ADJOURNMENT: The meeting adjourned at 10:10 p.m. JK / d/I . a Ad-- -- //. %&%/', / m/Chairperson LA JOYp€RITCTRmerih City Council Minutes (adj.) 03/22/1 1 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING MARCH 22, 2011 The City Council of the City of Downey held a Regular Meeting at 7:41 p.m., March 22, 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 Carl Charles, Police Captain John Michicoff, Finance Director John Oskoui, Public Works Director Thad Phillips, Community Services Director Brian Saeki, Community Development Director Lonnie C)room, Fire Chief Shirley Conte, Secretary to the City Council Other City Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Council Member Vasquez mentioned attending the Urban Land Institute conference last Wednesday in Los Angeles; gave kudos to staff and particularly the Economic Development Department for bringing quality businesses to the City during tough economic times; noted he will attend the concert tomorrow night at 7:00 p.m. at the Downey Civic Theatre with the Takigawa Daini High School Band from Japan and the Warren High School band. Council Member Gafin mentioned attending an informative presentation last night in the Council Chambers hosted by Congresswoman Lucille Roybal-Allard and given by a supervisory special agent from the Federal Bureau of Investigation (FBI) on identity fraud; and introduced Robert Zavala from the Downey Chamber of Commerce in the audience City Council Minutes 03/22/1 1 - 1 - Council Member Guerra noted attending a Keep Downey Beautiful cleanup; a fundraiser for the people of Japan on Saturday at Stonewood Mall with the Red Cross, Downey Fire and Police Departments, the Downey CERT Team and the Fire Explorers; the annual Arc Walk for Independence on March 26 at Stonewood MaIl; and advised he and Mayor Marquez will attend a public hearing tomorrow at the Los Angeles County Sanitation District regarding a sewer rate increase. He advised the City now has 82 neighborhood watch groups. He requested staff look into getting rid of the private number notice people receive when getting a phone call generated from City Hall. He also referred to the Downtown Specific Plan adopted on September 28, 2010 and said the City is well on its way to executing this plan _ ) _ Mayor Pro Tem Brossmer mentioned attending the Downey Masonic Lodge’s awards for first responders on St. Patrick's Day where Police Officer Chris Hansen, Transcriber Margo Watanabe, Detective Alex Irizabal, Fire Engineer Josh Halbmaier and Fire Fighter Kerry Nony were honored. He commended the Red Cross, Police, Fire and CERT teams for the fundraising event for Japan last Saturday; thanked Stonewood Mall for allowing all maII exits to be utilized for the event; thanked Mark Sauter for coordinating the event; and thanked Warren High School’s Red Cross Club members for their assistance. He mentioned an issue brought to him by a resident on Nada Street and thanked the Police and Public Works Departments for dealing with it quickly. He advised that Assistant City Manager Livas, Council Member Guerra, his wife Ann Guerra and he attended the Los Angeles County Board of Supervisors meeting this morning where Deacon Guerra provided the invocation and thanked Supervisor Knabe for inviting them. He mentioned upcoming events: the Red Cross first responder’s breakfast on March 24; the Downey Library’s volunteer recognition breakfast on April 9 at the Rio Hondo Event Center; and the annual Arc Walk for Independence on Saturday, March 26 Mayor Marquez congratulated the Police and Fire Departments, the CERT team and the Red Cross for the Japan disaster relief event and commended Downey’s citizens for their contributions; thanked Congresswoman Lucille Roybal-Allard for hosting and attending the event yesterday on identity theft; thanked those who attended the first Mayor Presents event at the Columbia Memorial Space Science Learning Center and thanked Fire Chief (;room and Police Chief Esteves for taking part. He referred to information posted on the City’s website regarding the status of radiation levels from the Japan disaster. He asked staff to look at implementing the transfer of properties in the Redevelopment Agency to the City, noting the City needs to protect its assets. He noted the Chamber of Commerce will host the annual Mayor’s State of the City event on March 30 and said he will give an update on what is taking place in the City and will discuss the budget PRESENTATIONS: Mayor Marquez presented his Mayor’s Service Award to the Arc of Southeast Los Angeles County for its 55 years of service to people with intellectual and developmental disabilities. Arc Executive Director Kevin McDonald, Arc staff and Arc consumers were present. He also thanked the Arc organization for educating the community to show respect for all individuals Mayor Marquez presented the Mayor’s Service Award to Kevin McDonald, Executive Director of the Arc, for 19+ years of service to this organization and City Council Minutes 03/22/1 1 commended his excellent leadership for moving the Arc forward. Mayor Marquez presented Kevin McDonald with a Proclamation for the Arc WaSk for Independence on Saturday, March 26. Betty Morse, Chairman of the Arc Walk committee for 13 years, distributed Walk buttons to each Council Member and thanked the Police and Fire Departments for the support they provide at the Walk. Fire Chief C;room introduced newly promoted Fire Department employees, Battalion Chief Ed Haupt and Captain Dan Hurlock, gave a brief report on their service and growth within the Department and introduced their family members present. Captain Hurlock and Battalion Chief Haupt thanked the Council and the Chief for the opportunity. Mayor Marquez noted the City has been working hard in these tough economic times to attract quality businesses and announced that a new company will be coming to Downey. He introduced representatives from the Raytheon Company, Michael Bostic and Daniel De Sollar, to give a presentation regarding their public safety regional technology center that is coming to Downey. Mr. Bostic said it is Raytheon’s pleasure to be here. He noted the company is moving into the civil communications field throughout public safety, law enforcement and fire and picked Downey because of the welcome it received. He introduced Dan De Sollar, who has been with Raytheon for 30 years and will take over the site in Downey. Mr. De Sollar said Raytheon is committed to being successful in its new home in Downey near the corner of Woodruff Avenue and Stewart and Gray Road which will be their headquarters on the west coast for all public safety work in the region and will bring jobs to the community PUBLIC HEARINGS: 1.ISSUANCE OF AN OIL PIPELINE FRANCHISE TO LT PIPELINE INCORPORATED: Public Works. A. INTRODUCED ORDINANCE NO. 11- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING AN OIL PIPELINE FRANCHISE TO LT PIPELINE INCORPORATED. It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Guerra and so ordered to reopen the public hearing at 8:25 p.m. The City Clerk noted correspondence was received from Mr. Harold Tseklenis on March 17. It was moved by Council Member Gafin, seconded by Council Member Guerra and so ordered to receive and file Mayor Marquez recused himself from the dais at 8:26 p.m. noting the pipeline is located within 500 feet of his residence. Mayor Pro Tem Brossmer assumed the Chair. City Council Minutes 03/22/1 1 -3 - Public Works Director Oskoui noted the Ordinance being introduced grants a pipeline franchise to LT Pipeline Incorporated. He referred to questions raised at the prior Council Meeting and noted the pipeline Franchise Ordinance provides for liability insurance in the amount of $20 million, which appears to be adequate and exceeds the coverage provided by LT Pipeline in other communities; the rating of their insurance carrier is A:XV, which is excellent for financial strength and size, and Section 16 of the Franchise Ordinance was amended to require that LT Pipeline provide insurance with this rating; he noted safety is regulated by the State Fire Marshal and the results of their inspections are public information, and also advised that there are automatic shutoff valves. He advised the City has requested that information be provided to us directly and we can post it on the City's website for the public’s information. He stated, if LT Pipeline Inc. abandons or removes the pipeline, there is ample coverage in the language of the Ordinance that provides for the City to ask LT Pipeline for a fee and provisions to protect the interests of the City. He noted the City and LT Pipeline must enter into a franchise agreement prior to doing any of the provisions noted and prior to moving forward with inspections to guarantee the safety of the pipeline. If Lt Pipeline fails, neglects, refuses to comply with the Ordinance or the California Public Utilities Code and does not within 15 days remedy the situation, we may declare the franchise forfeited Council Member Gafin thanked Mr. Oskoui for the updated report and felt confident safety procedures are in place and that reports will be obtained to make sure it is a safe system Council Member Guerra thanked Mr. Oskoui for answering all questions and was pleased to find that the City's Fire Department will also be on hand to review the process when inspections are done. There being no public comment, it was so ordered by Mayor Pro Tem Brossmer to close the Public Hearing. It was moved by Council Member Gafin seconded by Council Member Guerra and carried 4-0, noting the abstention of Mayor Marquez, to introduce an Ordinance granting an oil pipeline franchise to LT Pipeline Incorporated. Mayor Marquez resumed the Chair at 8:36 p.m. NON-AGENDA PUBLIC COMMENT: Rebecca Guerrero, representative of the LIUNA 777 Downey City Employees Association Miscellaneous Group, noted the Miscellaneous Group acknowledges and supports the request for change during these difficult times and hopes the Council supports their proposed efforts, which acknowledges the City’s request for change. She thanked the Council and City for their continued support and stated the Association is not just a labor group working for the City but is a part of the City. Robert Zavala invited everyone to the Chamber Mixer tomorrow evening at Downey Nissan and to the Mayor’s State of the City event on March 30. John Lacey stated he thought it was a great idea that the flag was brought to the forefront of the Council Chambers for the Pledge of Allegiance and suggested the City Council Minutes 03/22/1 1 -4 - Council consider this in the future. He also referred to the Americans with Disabilities Act, ADA, and non-compliance issues and suggested the Council help mitigate the negative effects of the ADA, suggesting the City incorporate the idea to provide correspondence at the time a permit is being issued that the user will sign prior to receiving the permit. The letter would notify the property owner to look for the requirements to satisfy ADA requirements, which would make the owner cognocent that there may be ADA requirements for their building. It would also be a record for the City that the correspondence was provided. Lars Clutterham, Richeon Avenue, encouraged the Council to take steps to put the new Green Task Force in motion; said he has not seen Council discussion or public announcements for Earth Day celebrations; and encouraged everyone to attend the concert tomorrow evening at the Downey Civic Theatre at 7:00 p.m. where the Downey Warren High School Band will join the Takigawa Daini High School Band from Kobe, Japan Council Member Guerra asked staff to review the startup of the Green Task Force CONSENT ITEMS REMOVED: 7.APPROVE AGREEMENT WITH TIERRA WEST ADVISORS FOR REAL ESTATE NEGOTIATION CONSULTING SERVICES RELATED TO THE TIERRA LUNA MARKETPLACE PROJECT IN AN AMOUNT NOT TO EXCEED $125,000: Community Development. This item was pulled at the request of Council Member Gafin and is listed under Other Business below, 3.APPROVE WARRANTS ISSUED: Warrant Nos. 257178 - 257547; Wire Nos 30002355 – 30002364 and 708 – 711 ; in the total amount of $4,361,563.58: Finance. This item was pulled at the request of Council Member Guerra and is listed under Other Business below. 2.APPROVE CITY COUNCIL MINUTES: Regular Meeting March 8, 2011: City Clerk. This item was pulled at the request of Council Member Vasquez and is listed under Other Business below. 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: 4.CASH CONTRACT NO. S.S. 610 – PEDESTRIAN COUNTDOWN HEADS PROJECT: ACCEPTED IMPROVEMENTS, APPROVED FINAL CONTRACT AMOUNT OF $34,041, DIRECTED PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF COMPLETION; AND AUTHORIZED A CHANGE ORDER TO REPUBLIC INTELLIGENT TRANSPORTATION SERVICES1 INC-1 IN THE AMOUNT OF $6,321 : Public Works. City Council Minutes 03/22/1 1 - 5 - 5.APPROVED STAFF TECHNICAL COMMITTEE FOR CENSUS 2010 DATA PURSUANT TO CITY CHARTER SECTION 1306: Administration 6. 8. NUMBER NOT USED. RECEIVED AND FILED THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFFt) FOR THE FISCAL YEAR ENDED JUNE 30, 2010: Finance 9.ADOPTED RESOLUTION NO. 11-7259, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE SUBMISSION OF A GRANT APPLICATION TO THE CALTRANS TRANSPORTATION PLANNING GRANT PROGRAM FOR THE “DOWNEY LINK TRANSIT STUDY”: Administration ADMINISTRATIVE REPORTS: None OTHER BUSINESS: 10. COUNCIL CONSIDERATION OF INVITING AND HOSTING DELEGATION FROM SUZHOU, CHINA: Council Member Guerra. Council Member Guerra mentioned travelling to China last year with the Latin Business Association and visited the Wuzhong District, Suzhou, China. He noted representatives from China came to Downey last June and the City hosted them. He noted they have again requested the City invite their delegation to visit Downey. They would also like to pursue a formal Sister Cities Relationship with Downey. He said he notified the Sister Cities Association of this request. He requested the Council consider hosting the delegation and noted a limit of $2,000 has been set for this purpose. It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Guerra and unanimously carried to host a delegation from the Wuzhong District, Suzhou, China, during their visit to California in April/May 2011 to enhance friendly relationships; allocate $2,000 to cover expenses that may be incurred; and consider establishing a Sister City relationship with the City of Suzhou. CONSENT ITEMS REMOVED: 7 APPROVED AGREEMENT WITH TIERRA WEST ADVISORS FOR REAL ESTATE NEGOTIATION CONSULTING SERVICES RELATED TO THE TIERRA LUNA MARKETPLACE PROJECT IN AN AMOUNT NOT TO EXCEED $125,000: Community Development. Council Member Gafin wanted to clarify for the record, due to the similarities in the company names, that these are two independent organizations. It was clarified by staff that Tierra West Advisors and Tierra Luna Marketplace are separate organizations. City Council Minutes 03/22/1 1 -6- It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Gafin and unanimously carried to approve a professional services agreement with Tierra West Advisors in a not to exceed amount of $125,000 and authorize the City Manager to execute said agreement. 3.APPROVED WARRANTS ISSUED: Warrant Nos. 257178 - 257547; Wire Nos 30002355 – 30002364 and 708 – 711 ; in the total amount of $4,361,563.58: Finance Council Member Guerra referred to the Verizon phone bills on Page 54 and the AT&T bills on Page 2. He asked for reassurance on the policy that staff looks into combining all plans to obtain a better deal and City Manager Caton advised this is beingdone It was moved by Council Member Guerra, seconded by Mayor Pro Tem Brossmer and unanimously carried to approve the Warrants issued. 2.APPROVED CITY COUNCIL MINUTES AS AMENDED: Regular Meeting March 8, 2011 : City Clerk. Council Member Vasquez noted the City Council Minutes reflect that it was he and Mayor Pro Tem Brossmer who attended a Lakewood Boulevard Subcommittee meeting and said it was he and Council Member Gafin. It was moved by Council Member Vasquez, seconded by Mayor Pro Tem Brossrner and unanimously carried to approve the minutes of the Regular Meeting of March 8, 2011, as amended. Council Member Guerra noted he had questions on Consent Calendar Item 8 and City Attorney Abich Garcia suggested if they are clarification questions, they could be directed to the Finance Director after the meeting. Council Member Guerra advised he would make his comments at the end of the meeting. City Attorney Garcia advised this would be okay, if the other Council Members approve. STAFF COMMENTS: None Council Member Guerra referred to Consent Catendar Item 8, Comprehensive Annual Financial Report (CAFR) for fiscal year ended June 30, 2010, referring to Page 64, Workers Compensation information and also asset numbers and IBNR factors stating he does not feel it gives enough details. Finance Director Michicoff responded he will provide the factors of the current financial statements and will divulge more details in the future. The meeting recessed to Closed Session at 9:05 pm and reconvened at 10:10 p.m. with all Council Members present. City Council Minutes 03/22/1 1 -7- ADJOURNMENT: The meeting adjourned at 10:10 p.m. to 6:30 p.m., April 12, 2011, in memory of those lost in Japan’s recent earthquake and tsunami; Cesar Chavez, civil rights activist, whose birthday is March 31; and Steve Ruckman, longtime Downey resident and Assistant Scout Master, Downey Boy Scout Troop 2. ml Lb/mR Interirrme 7//# >4lo4 =PMARQU City Council Minutes 03/22/1 1 - 8 -