HomeMy WebLinkAboutMinutes 04-26-11 Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COI
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
APRIL 26, 2011
IMISSION
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:33 p.m., April 26, 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
Mayor/Chairperson
Mayor Pro Tem/Vice-Chairperson
(arrived at 6:41 p.m.)
David R. Gafin
Mario A. Guerra
Fernando Vasquez
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
APPROVED CLOSED SESSION MINUTES: January 1 1, 201 1, January 25, 201 1, January 27,
201 1, February 8, 201 1, February 22, 201 1, March 22, 2011, and April 12, 201 1.
It was moved by Commissioner Guerra, seconded by Commissioner Gafin and carried
4-0, noting the absence of Mayor Pro Tem/Vice-Chairperson Brossmer, to approve the Closed
Session Minutes from January 11, January 25, January 27, February 8, February 22,
March 22 and April 12, 2011.
RECESSED TO CLOSED SESSION:
Mayor/Chairperson Marquez announced the Council/Commission is recessing to
Closed Session (6:34 p.m.) to discuss matters under the authority of the following section of
the Government Code:
1
2.
Government Code Section 54956.9(c) – Conference with legal counsel – initiation of
litigation, one potential case.
Government Code Section 54957.6 – Conference with labor negotiators 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.
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RECONVENED:
The meeting reconvened in Open Session at 7:32 p.m. with all Council Members/
Commissioners present. City Attorney/Agency Counsel Abich Garcia announced Item 1 was
pulled from the Agenda and was not considered and there were no reportable actions for Item 2.
ADJOURNMENT:
The meeting adjourned at 7:32 p.m.
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City Council Minutes (adj.) 04/26/ 1 1
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
APRIL 26, 2011
The City Council of the City of Downey held a Regular Meeting at 7:36 p.m., April 26, 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 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 announced he travelled to Atlanta last week for the National
Association of Latino Elected Official's (NALEO) conference where discussions centered around
obesity and health care; noted the True Lasting Connections’ (TLC) annual soft ball tournament will
take place on Saturday at Downey Adult School; mentioned the Kiwanis Club’s Youth and
Government Day was held today at City Hall with students from East Middle School and Gauldin
Elementary School and thanked staff for their assistance; and requested staff look at incorporating
an Art walk component for local talent in the next Dine in Downey event.
Council Member Gafin mentioned attending the Gangs Out Of Downey luncheon; said Mayor
Pro Tem Brossmer will report on yesterday’s Theatre Subcommittee meeting, noting the national
theatre management group hired to run the Downey Civic Theatre will run its first 6 to 8 event season
this Fall; noted tomorrow night the annual Kids Day Hall of Fame ceremony will be held at the
Downey Civic Theatre; mentioned the upcoming TLC softball game; and the annual Chamber of
Commerce Street Faire.
Council Member Guerra recognized Mike Holton, Deputy for Assemblyman Charles Calderon,
Mr. Hollon’s brother Dave, his own daughter Haley and Warren High School’s championship Water
Polo team in the audience. He congratulated Deputy City Manager/Special Projects Alvarez who is
City Council Minutes 04/26/1 1 -1-
leaving the City for another opportunity and said he will be missed; mentioned the Youth in
Government event held today with students from Warren, Downey and Columbus High Schools;
noted he and Mayor Pro Tem Brossmer attended a conference last year where graffiti was a topic
and requested staff consider a “stomp out graffiti day” or “take our City back day” where everyone
gets involved and reports graffiti locations to the City; mentioned the Coca-Cola Bottling Company,
Inc, and Southern California Edison Company would like to host some of the new Green Task Force
(GTF) meetings at their facilities; and requested last year’s GTF volunteers be notified of upcoming
GTF meetings. He mentioned he was appointed to a subcommittee while attending a California
Contract Cities conference to review collecting more unpaid parking tickets and asked staff for a
report on how technology can assist in collecting unpaid parking tickets. He requested an update on
the fireworks show for the 4th of July, noting the last two years were a huge success and were funded
by donations. He introduced his Emergency Preparedness Commission appointee Ruben Salgado.
Mayor Pro Tem Brossmer introduced Willie Gutierrez, Downey Unified School District Board
Member; noted there is a Neighborhood Watch/Keep Downey Beautiful cleanup on Saturday at
Crawford Park from 8:00 a.m. to 12:00 p.m. and thanked Carol Rowland and Public Works for doing
a great job of addressing the concerns of these neighbors; mentioned the Theatre Subcommittee
meeting and said he feels VenueTech Management Group is doing a great job.
Mayor Marquez welcomed everyone and referred to the youth in attendance, stating we are a
City of champions. He mentioned attending the Soroptimist Club’s Casino Night and Youth in
Government Day. He commended Deputy City Manager/Special Projects Alvarez for 13 years of
service and for moving the City forward on policy issues regarding water legislation in both
Sacramento and Washington and said he will be missed. He read a thank you note from Nini Horn,
wife of former Congressman Stephen Horn, thanking the Council for adjourning the February 22
meeting in his memory.
PRESENTATIONS:
Mayor Marquez presented a Proclamation to Kids Day spokespersons Nicole Nelson and
Jazer Torres declaring May 14, 2011 as Kids Day in Downey. The spokespersons advised Kids Day
this year will have a carnival, camping area, fire demonstrations, an environmental fare, a dunk tank,
a college career fair, and a kids art and achievement exposition.
Mayor Marquez presented a Proclamation to Dave Hollon, organ donor recipient, declaring
April 2011 as Donate Life Month. Mr. Hollon urged everyone to consider registering as an organ
donor and introduced his brother Mike Hollon, Field Deputy for Assemblyman Charles Calderon, who
donated one of his kidneys to him.
Mayor Marquez and Mayor Pro Tem Brossmer presented Certificates of Recognition to CIF
League Champion teams from Downey and Warren High Schools and called upon Principals Tom
Houts and John Harris from Downey and Warren High Schools to share the history of CIF
championships in Downey.
Downey High School Principal Houts introduced Coach Miguel Soto and Assistant Coach
Roger Rios, who introduced Downey High School’s CIF Southern Section Division VI Wrestling
Championship players.
Principal Houts also introduced volleyball Coach Andrea Sims, who introduced Downey High
School’s CIF Southern Section Division 2A 2010 Girls Volleyball Championship players.
Warren High School Principal John Harris introduced Coach Josie Cordero, who introduced
Warren High School’s CIF Southern Section Division 6 2011 Girls Water Polo Championship players.
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Mayor Marquez called upon Director of Community Development Saeki to present
Certificates of Recognition to the Downey Specific Plan Project Team. Mr. Saeki provided
background on the Specific Plan and advised the City has received two awards for the plan, one
from the Southern California Association of Governments (SCAG) for excellence in livability and one
from the Orange County Chapter of the American Planning Association for excellence in planning.
He presented certificates to City Planner William Davis, Principal Planner Mark Sellheim, Economic
Development Manager Steven Yee, Deputy Public Works Director Ed Norris and Senior Planner
Dave Blumenthal. He also mentioned two people not in attendance, Assistant Director of Community
Development John Perfitt and Deputy Public Works Director Louis Atwell.
PUBLIC HEARINGS: None
NON-AGENDA PUBLIC COMMENT:
Lee Cole, President of the Downey Public Safety Auxiliary Association (DPSAA) spoke about
concerns with on-going negotiations and urged the Council to reconsider its initial proposal.
Harold Tseklenis, resident, said he felt the benefit package is comprehensive and requested
a report be placed on an upcoming Agenda showing the liabilities in the long term generated by each
benefit and how the City proposes to cover them.
CONSENT ITEMS REMOVED:
3.CASH CONTRACT NO. S.S. 625 - LAKEWOOD BOULEVARD AT COLUMBIA WAY
INTERSECTION IMPROVEMENT PROJECT: APPROVE PLANS AND SPECIFICATIONS
AND GRANT AUTHORITY TO ADVERTISE FOR BIDS : public Works. This item was
pulled at the request of Council Member Guerra and is listed under Other Business below.
4.CASH CONTRACT NO. S.S. 626 – SLURRY SEAL PROJECT: APPROVE PLANS AND
SPECIFICATIONS AND GRANT AUTHORITY TO ADVERTISE FOR BIDS: Public Works
This item was pulled at the request of Council Member Guerra and is listed under Other
Business below.
8.APPROVE FORMATION OF A YOUTH TASK FORCE TO SERVE FOR A ONE YEAR
PERIOD AND AUTHORIZE SOLICITATION OF APPLICATIONS: Administration. This item
was pulled at the request of Council Member Guerra and is listed under Other Business
below
9.ADOPT RESOLUTION NO. 11- . A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES’
ASSOCIATION – MISCELLANEOUS UNIT (November 1 , 2010 – March 31, 2012):
Administration. This item was pulled at the request of Council Member Guerra and is listed
under Other Business below.
10.ADOPT RESOLUTION NO. 11- , A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY ESTABLISHING THE BENEFITS PAYABLE TO EMPLOYEES IN
CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT, MIDDLE
MANAGEMENT, AND CONFIDENTIAL/EXEMPT; AND REPEALING PRIOR
RESOLUTIONS: Administration. This Item was removed by City Manager Caton and will be
brought back at another date.
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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 as recommended,
noting the abstentions of Council Members Guerra and Vasquez on Item 11.
1.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings April 12, 2011 :
City Clerk.
2.APPROVED WARRANTS ISSUED: Warrant Nos. 258120 - 258479; Wire Nos. 30002375 –
30002384 and 722 – 725; in the total amount of $4,585,393.83: Finance.
5.APPROVED AGREEMENT WITH COUNTY OF LOS ANGELES GRANT ADMINISTRATION
SERVICES AND APPROPRIATION OF FUNDS FOR THE 2010 STATE HOMELAND
SECURITY GRANT: Fire Department.
6.APPROVED AND APPROPRIATED $18,000 FOR THE PURCHASE OF EDEN PARCEL
MANAGER SOFTWARE FOR THE CITY’S UTILITY BILLING SYSTEM: Public Works.
7.APPROVED DOWNEY UNIFIED SCHOOL DISTRICT USE OF SHOW MOBILE FOR
RELAY FOR LIFE COMMUNITY EVENT ON JUNE 4TH AND 5TH AT COLUMBUS HIGH
SCHOOL: Administration.
11.ADOPTED ORDINANCE NO. 11-1 282, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING AN AGREEMENT FOR PURCHASE AND SALE AND
ESCROW INSTRUCTIONS AND ALL EXHIBITS AND FORMS ATTACHED THERETO
INCLUDING AN OPERATING COVENANT AGREEMENT BETWEEN THE CITY OF
DOWNEY AND CHAMPION AUTOMOTIVE PROPERTIES. LLC FOR PROPERTY
LOCATED AT 9715 FIRESTONE BOULEVARD: Community Development.
ADMINISTRATIVE REPORTS: None
OTHER BUSINESS:
CONSENT ITEMS REMOVED:
3.CASH CONTRACT NO. S.S. 625 – LAKEWOOD BOULEVARD AT COLUMBIA WAY
INTERSECTION IMPROVEMENT PROJECT: APPROVED PLANS AND SPECIFICATIONS
AND GRANTED AUTHORITY TO ADVERTISE FOR BIDS : Public Works.
Council Member Guerra requested the timeframe when putting this project out to bid and was
advised by Public Works Director Oskoui that he estimated it would be within 6 to 9 months.
It was moved by Council Member Guerra, seconded by Mayor Pro Tem Brossmer and
unanimously carried to approve plans and specifications and authorize solicitation for bids for
Cash Contract No. S.S. 625 – Lakewood Boulevard at Columbia Way Intersection
Improvement Project.
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4.CASH CONTRACT NO. S.S. 626 – SLURRY SEAL PROJECT: APPROVED PLANS AND
SPECIFICATIONS AND GRANTED AUTHORITY TO ADVERTISE FOR BIDS: Public
Works
Council Member Guerra asked if slurry seal is different from asphalt aggregate and if it can
be used twice as long. Public Works Director Oskoui advised that rubberized asphalt is widely used
and adds to the value of pavements because it is a more comfortable ride, is more flexible but
generally costs 15 to 20 percent more than conventional asphalt. He noted the City uses rubberized
asphalt at major arterials only as it is trying to maximize investment and cover as many streets as
possible
It was moved by Council Member Guerra, seconded by Mayor Pro Tem Brossmer and
unanimously carried to approve plans and specifications and authorize solicitation for bids for
Cash Contract No. S.S. 626 - Slurry Seal Project.
8.APPROVE FORMATION OF A YOUTH TASK FORCE TO SERVE FOR A ONE YEAR
PERIOD AND AUTHORIZE SOLICITATION OF APPLICATIONS: Administration.
Council Member Guerra stated he wanted to incorporate more experts such as
representatives from the Downey Unified School District and other youth organizations in the City
and would like each Council Member to appoint 2 members along with the 5 experts. He said he
would like to be involved along with Council Member Vasquez.
Assistant to the City Manager De Long clarified that the 5 at large members would be
selected from various organizations throughout the City. She said the Council’s original intent was to
have a dedicated group of individuals invite subject matter experts to come in and provide in-depth
education on various programs and organizations available for the youth throughout the City. The
core group would then provide specific direction for what the youth commission should undertake.
After further discussions between the Council and staff. which included current staff
reductions, the suggested age group, the feeling that the youth should be the voice directly to the
Council and the feeling that adult supervision was needed, Mayor Marquez stated it did not appear
the Council was ready to move forward with approval.
It was moved by Council Member Vasquez, seconded by Mayor Pro Tem Brossmer and
unanimously carried to continue the item for 30 days and return to Council with a formal
recommendation for a youth commission.
9.ADOPTED RESOLUTION NO. 11-7263, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES’ ASSOCIATION –
MISCELLANEOUS UNIT (November 1 , 2010 – March 31, 2012): Administration.
Council Member Guerra stated he feels the plans presented are premature and felt the City
needs to look at the budget and explore other options and avenues and said he will not consider
approving this until he reviews the costs, where the funds are coming from, whether it is affordable
and what the City’s liability is for future benefits.
It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Vasquez and
carried 4-1, with Council Member Guerra voting no, to adopt the Resolution approving the
Memorandum of Understanding between the City of Downey and the Downey City Employees’
Association - Miscellaneous Unit (November 1 , 2010 - March 31, 2012).
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Mayor Marquez thanked the City Employee Association - Miscellaneous Unit for working with
staff during the negotiation process and said the Council took it upon themselves to begin
implementing pension reforms and commended the Miscellaneous Unit for stepping up and being a
partner with the City as the starting point in a fair process to achieve the City’s goals.
STAFF COMMENTS:
City Manager Caton thanked Deputy City Manager/Special Projects Desi Alvarez for his
service to Downey and for his defense of the City in water issues, stating it is not often we get to work
with a legend.
The Council Members stated they were sorry to see Mr. Alvarez go and admired his calm
head and direction during the City’s boil water crisis a few years ago, stating he is the guy you want
on your team, is the ultimate negotiator, and is an expert in water issues both locally and statewide.
He is also a strong supporter of Downey. The Council wished him all the best in his new endeavor.
ADJOURNMENT:
The meeting adjourned at 9:35 p.m. to 6:30 p.m., May 10, 201 1, in memory of James W.
McClain, father-in-law of Council Member Mario A. Guerra.
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