HomeMy WebLinkAboutMinutes 08-09-11 Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
AUGUST 9, 2011
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:30 p.m., August 9, 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
excused
excused
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: July 26, 201 1.
It was moved by Mayor Pro Tem/Vice-Chairperson Brossmer, seconded by Council Member/
Commissioner Guerra, and so ordered by Mayor/Chairperson Marquez to approve the Closed
Session Minutes from July 26, 2011.
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 section of the
Government Code:
1
2.
3
Government Code Section 54957 – Public Employment - City Clerk.
Government Code Section 54957.6 – Conference with labor negotiators Yvette Abich
Garcia/Irma Youssefieh re: direction for labor negotiations with Downey Public Safety
Auxiliary Association.
Government Code Section 54956.8 – Conference with real property negotiators Gerald
Caton/Gilbert Livas re: property at 12224 Lakewood Boulevard (Downey Studios);
negotiating party: Stuart Lichter, Industrial Realty Group; under negotiations: price and
terms of payment.
City Council Minutes (adj.) 08/09/1 1 -1-
RECONVENED:
The meeting reconvened in Open Session at 7:34 p.m. with Mayor/Chairperson Marquez,
Mayor Pro Tem/Vice-Chairperson Brossmer and Council Member/Commissioner Guerra present,
noting the absence of Council Members/Commissioners Gafin and Vasquez. City Attorney/Agency
Counsel Abich Garcia announced there was no reportable action on Items 1 and 2 and on Item 3 the
Council/Commission gave direction to its real property negotiators but there is no reportable action.
ADJOURNMENT:
The meeting adjourned at 7:34 p.m.
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City Council Minutes (adj.) 08/09/1 1 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
August 9, 2011
The City Council of the City of Downey held a Regular Meeting at 7:37 p.m., August 91 201 1,
in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue1 Downey1 California1
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
excused
excused
ALSO PRESENT:Gerald M. Caton, City Manager
Gilbert Livas, Assistant City Manager
Yvette M. Abich Garcia, City Attorney
Joyce E. Doyle, Interim City Clerk
Shannon DeLong, Assistant to the City Manager
Stephen Garza, Police Chief
Maurina Lee, Finance Manager
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:
Council Member Guerra advised that he, Council Member Vasquez, Community
Development Director Saeiki and Los Angeles County Supervisor Don Knabe, representing the
Metropolitan Transportation Authority (MTA), toured Downey company E-bus, which produces
hydrogen fuel and alternative fuel cells for buses, noting the MTA is looking into the possibility of
converting many of its buses to alternative fuel. He noted he is on the Transportation Committee for
the Southern California Association of Governments (SCAG) and advised SCAb has begun the
process for its regional transportation plan. He attended a Southeast Water Coalition meeting and
noted the Board wrote a letter to Audit Chair of the State Assembly, Assembly Member Ricardo
Lara, requesting an audit of the Central Basin Municipal Water District; attended an editorial board
for La Opinion newspaper regarding a bill by Senator Vargas from San Diego, Senate Bill 645, that
the City opposes; and attended a neighborhood watch meeting. He mentioned Downey's concerts
in the park series is one of the longest running in California and gave kudos to its sponsors:
Downey Party Rentals, CareMore, Kaiser Permanente, Downey Rose Float Association, Whittier
Presbyterian Hospital, Downey Federal Credit Union, CatMet Services, All American Home Center,
Jerry and Sue Klein, Robert and Jean Brazelton, Downey City Employees Miscellaneous Unit, Ron
and Jean Williams, Downey Los Amigos Kiwanis Club and media sponsor, the Downey Patriot. He
requested updates from staff on previous requests regarding walking/bike paths, a list of City assets,
information regarding requests for proposals (RFP’s) on the City’s insurance contracts, and a report
on the City’s investments.
City Council Minutes 08/09/1 1 -1-
Mayor Pro Tem Brossmer commended staff for the mural on Downey Avenue in front of the
Avenue Theater; mentioned the demolition of the Verizon Building on Second Street; noted he was
on vacation last week with his family and visited the State Capitol in Sacramento and thanked
Senator Lowenthal for giving his family a tour; thanked Council Member Guerra for attending the
Southeast Water Coalition meeting as his alternate; and mentioned the upcoming Blue Mass at Our
Lady of Perpetual Help Catholic Church honoring firefighters and police officers on September 8 at
8:30 a.m
Mayor Marquez thanked everyone for attending the meeting; recognized Los Angeles County
Assessor John Noguez in the audience; mentioned his second Mayor Presents event Thursday,
August 1 1, at 6:00 p.m. in the Council Chambers, titled meet your elected officials, with
Congresswoman Roybal-Allard, Senator Alan Lowenthal, and Assembly Member Ricardo Lara
confirmed; attended a League of California Cities meeting last week where new President Bruce
Barrows from the City of Cerritos was installed; and attended a Gateway Cities Council of
Governments (COG) meeting last Wednesday
PRESENTATIONS:
Presentation by newly elected Los Angeles County Assessor John Noguez
Mayor Marquez introduced Assessor Noguez stating he is a former Mayor/Council Member
from the City of Huntington Park, past President of the Los Angeles Division of the League of
California Cities and member of the California Contract Cities Association. He noted Assessor
Noguez has made a commitment to visit every City in Los Angeles County to speak about his office
and his goals.
Assessor Noguez explained that the Assessors office is the official valuation arm and values
property but is not the tax collector or the auditor. He submitted folders to the Council and staff
containing information about his office and noted his office provides educational forums. He
introduced staff members, Martha Castaneda Guzman and Robert Moraz, and noted they are
available to attend community fairs, groups, etc. to provide information. He also noted his website
where constituents can fill in forms or send in requests
PUBLIC HEARINGS:
1.PROPOSED RATE ADJUSTMENT BY CALMET SERVICES, INC. FOR SOLID WASTE
SERVICES: Public Works.
A. ADOPTED RESOLUTION NO. 11-7288, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING A RATE ADJUSTMENT FOR SOLID WASTE SERVICES TO
RESIDENTIAL AND COMMERCIAL CUSTOMERS.
Mayor Marquez opened the Public Hearing at 8:01 p.m. Interim City Clerk Doyle affirmed
receipt of the Proof of Publication. It was moved by Mayor Pro Tem Brossmer, seconded by Council
Member Guerra and so ordered by Mayor Marquez to receive and file. Interim City Clerk Doyle
noted correspondence was received from Gil Hille and was enclosed in the Council’s packets.
Public Works Director Oskoui explained the City contracts out for the collection of solid waste
and recycling with CaIMet Services and is currently in a 10 year term from 2006. He pointed out
there was an amendment to the contract in 2009 extending the term to 2016 and putting into place a
mechanism for a rate adjustment formula whereby the contractor is allowed to submit a request for a
rate adjustment once a year by a certain date in January, with the adjustment going into effect on
April 1 of that year. Due to the current rate adjustment not going into effect until August 10 of this
year, there will also be an inclusion of an adjustment to cover lost revenue from April 1 to August 10.
The actual rate increase is calculated at 5.58 percent for single family and multi-family units from 2
City Council Minutes 08/09/1 1 -2-
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John Lacey mentioned comments from Assessor Noguez about Proposition 13 and the
assessments and stated people should be aware that the definition of market value is the sales price
or the assessors value, whichever is highest. He mentioned the debt crisis and suggested Council
consider adopting a resolution encouraging our national leaders to try to resolve the issues at hand
whether it is cutting taxes, increasing revenues or both and to act in a timely fashion. He thought
this would be good to discuss at the Mayor’s event on Thursday. He noted the adjournment tonight
does not recognizing the Navy Seals who perished recently in Afganistan.
Council Member Guerra noted the tragedy happened after the Agenda was posted
Prior to consideration of the Consent Calendar, Council Member Guerra announced he
would be voting no on Items 6 and 7
CONSENT CALENDAR:
2.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings July 26, 2011 :
City Clerk.
3.APPROVED WARRANTS ISSUED: Warrant Nos. 260714 - 261166: Wire Nos. 30002445 –
30002464 and 762 – 773; in the total amount of $6,664,124.17: Finance.
4.APPROVED DISSOLVING THE LAKEWOOD BOULEVARD SUBCOMMITTEE: Public
Works
5.APPROVED AGREEMENT WITH CIR. INC. FOR PROFESSIONAL PLAN REVIEW.
BUILDING INSPECTION, AND STAFFING SERVICES: Community Development.
6.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE
DOWNEY FIRE MANAGEMENT ASSOCIATION (July 1, 2011 – December 31, 2012):
Administration.
7.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
8.ADOPTED RESOLUTION NO. 11-7289, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE SUBMISSION OF A GRANT APPLICATION FOR
THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT
DISCRETIONARy GRANT PROGRAM: Administration.
9.ADOPT ORDINANCE NO. 11-1288. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ADOPTING A NEGATIVE DECLARATION AND APPROVING A CODE
AMENDMENT TO AMEND ARTICLE IX, SECTIONS 9138, 9146, 9152, 9154 AND ADD
SECTION 9428 OF THE DOWNEY MUNICIPAL CODE TO PROHIBIT MEDICAL MARIJUANA
DISPENSARIES: Community Development.
It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Guerra, and
unanimously carried, 3-0, to approve the remainder of the Consent Calendar items as presented,
noting the absence of Council Members Gafin and Vasquez, and noting Council Member Guerra
voted no on Items 6 and 7.
City Council Minutes 08/09/1 1 -4-
Upon later clarification, Resolutions require the affirmative votes of at least 3 Council
Members, so Items 6 and 7 will be continued to the next Council meeting for consideration by the full
Council
ADMINISTRATIVE REPORTS:
10.APPROVE REQUIREMENTS FOR NOMINEES TO THE COMMUNITY WALL OF FAME,
LOCATION OF THE WALL OF FAME; AND APPROPRIATE UP TO $20,000 FROM THE
ART IN PUBLIC PLACES FUND FOR DESIGN AND CONSTRUCTION OF THE WALL:
Community Services
Community Services Director Phillips advised staff was given direction at the July 12 Council
Meeting to bring this item back. One request given was to include a 10 member citizen review
committee to review nominations that could be received from the community. Those nominations
would then be referred to a City Council subcommittee and the Council subcommittee would submit
the names for final approval to the Council. The remainder of the recommendations remain the
same. The recommended action is to approve the concept of a community wall of fame, the location
which would be outside the Council Chambers across from the Police Department and appropriate
up to $20,000 from the Arts in Public Places fund for the construction of the wall.
Harold Tseklenis, resident, suggested the City Attorney review the Art in Public Places
Ordinance to see if it in fact explicitly permits the diversion of funds that are raised specifically for
fine art
City Attorney Abich Garcia advised she did review this issue to make sure it conforms to the
City’s regulations and said the Ordinance has a larger body of policies which were revised recently
and one thing added was that the Art in Public Places regulations not restrict the City Council’s
ability to initiate public art projects on public property. This project would fit the regulation recently
added as long as there was some artwork and criteria connected with the regulations. The Council,
through the regulations, are permitted to initiate art projects on public property and to use the
funding
Mr. Tseklenis said he had no argument that the Council can expend funds on art projects but
suggested it look at what is defined as fine art to see if this wall comes under the criteria of fine art,
City Attorney Abich Garcia responded that she has reviewed the project and components
under the regulations of what is art work and found that they are incorporated in this project
After further discussion by the Council, it was moved by Mayor Pro Tem Brossmer, seconded
by Council Member Guerra and carried 3-0 to approve requirements for nominees to the
community wall of fame, location of the wall of fame and appropriate up to $20,000 from the
Art in Public Places Fund for design and construction of the wall.
11. PROVIDE DIRECTION TO STAFF REGARDING THE PROHIBITION OF SMOKING IN
PUBLIC PLACES IN THE CITY: Community Development.
City Manager Caton suggested continuing this item to another meeting due to the Council
Member requesting the item not being present.
After further comments by the Council1 it was moved by Mayor Marquez, seconded by Mayor Pro
Tem Brossmer and carried 2-1, with Council Member Guerra voting no, to continue the item.
City Council Minutes 08/09/1 1 -5-
OTHER BUSINESS:
12.ADOPTED RESOLUTION NO. 11-7290, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY DESIGNATING VOTING DELEGATE AND ALTERNATE(S) FOR
LEAGUE OF CALIFORNIA CITIES CONFERENCE. SEPTEMBER 21-23. IN SAN
FRANCISCO: MayorMarquez.
Mayor Marquez requested that the Council designate him to serve as the Council's Voting
Delegate at the upcoming League of California Cities conference and Council Member Guerra
volunteered to serve as the Alternate
It was moved by Council Member Guerra, seconded by Mayor Pro Tem Brossmer and
carried 3-0, noting the absence of Council Members Gafin and Vasquez, to adopt the Resolution
designating Mayor Marquez as the Voting Delegate and Council Member Guerra as the
Alternate for the League of California Cities Annual Conference, September 21-23, in San
Francisco.
STAFF COMMENTS:
City Manager Caton asked for the date for the Police Memorial event and was informed it is
September 22. Mayor Marquez advised he would be able to attend as the business meeting for the
League Conference is on September 23
Mayor Pro Tem Brossmer requested information on another celebration coming up and
Community Services Director Phillips advised that a 10th Anniversary concert will be held in memory
of those who perished in the September 1 1 , 2001 terrorist attacks will be held on Sunday,
September 1 1, at Furman Park, at 4:00 pm.
ADJOURNMENT:
Mayor Marquez called for a moment of silence in honor of the Navy Seals who passed away
last weekend when their helicopter crashed in Afghanistan, noting Jonas Keisall, son of John Keisall
President of The Greater Lakewood Chamber of Commerce was one of those who perished. He
noted the Council will formally adjourn in their memory at the next Council Meeting.
The meeting adjourned at 8:43 p.m. to 6:30 p.m., to August 23, 2011
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City Council Minutes 08/09/1 1