HomeMy WebLinkAboutMinutes 09-27-11 Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
SEPTEMBER 27, 2011
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:30 p.m., September 27, 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 Caton, 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: September 13, 2011.
It was moved by Mayor Pro Tem/Vice-Chairperson Brossmer, seconded by Council
Member/Commissioner Gafin, and so ordered by Mayor/Chairperson Marquez to approve the
Closed Session Minutes from September 13, 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 sections of the
Government Code:
1. 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.
RECONVENED:
The meeting reconvened in Open Session at 7:34 p.m. with all Council Members/
Commissioners present. City Attorney/Agency Counsel Abich Garcia announced there was no
reportable action.
City Council Minutes (Adj.) 09/27/1 1 -1-
ADJOURNMENT:
The meeting adjourned at 7:35 p.m
[HVEEliliri in a Clerk/Secretary LUIS H MARQU EZ ;ha-hDerson
City Council Minutes (Adj.) 09/27/1 1 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
September 27, 2011
The CitY Council of the City of Downey held a Regular Meeting at 7:39 p.m., September 27,
2011, in the Council Chamber of the Downey City HaItI 11111 Brookshire Avenue1 Downey1
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 Caton, City Manager
Gilbert Livas, Assistant City Manager
Yvette M. Abich Garcia, City Attorney
Joyce E. Doyle, Interim City Clerk
Lonnie Croom, Fire Chief
Rick Esteves, Police Chief
John Michicoff, Finance Director
John Oskoui, Public Works Director
Thad Phillips, Community Services Director
Brian Saeki, Community Development Director
Shannon DeLong, Assistant to the City Manager
Adria Jimenez, Consultant, City Clerk’s Office
Other City Staff
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND
CONFERENCE/MEETING REPORTS:
Council Member Vasquez congratulated staff, the Police and Fire Chiefs, Shannon DeLong
and Juddy Ceniceros for coordinating the KidsDay event held on Saturday at Redeemer Covenant
Church. He asked that next year’s event have a wellness program theme and include education
regarding childhood obesity and preventative health care,
Council Member Gafin recognized Dee Bacus, Chamber of Commerce Board of Director,
and Recreation and Community Services Commissioner Mark Vasquez, whom were in the
audience. Council Member Gafin reported on the Police Memorial Dedication held on Thursday.
He commended and thanked the Police and Fire Departments for a memorable event. Council
Member Gafin congratulated Mayor Marquez for the BBQ held on Saturday at Redeemer Covenant
Church and stated he is looking forward to attending the next scheduled BBQ. Council Member
Gafin reminded residents of the 2-d Annual Taste of Downey event on Friday, September 30, 201 1,
to the front of City Hall. He advised there will be a BBQ at Golden Park on Saturday and asked the
Mayor to provide additional information. Council Member Gafin advised Monday is the Police and
Fire Foundation Annual Golf Tournament at the Rio Hondo Golf Course. Interested participants can
contact the Police and Fire Departments. He advised the Gangs Out of Downey meeting is
scheduled for next Tuesday, October 4, 2011, 7:30 a.m., in the Training Room of City Hall.
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Council Member Guerra advised last Friday he attended the Chamber of Commerce ribbon
cutting event for the new Walgreens on Imperial Highway and stated it is good to see new
development in south Downey. He stated he attended Amapola Market's 50th Anniversary and
commended the Galvan family for being the first Latino market in Downey and for having a great
event. Council Member Guerra advised he attended the 93rd neighborhood watch meeting last week
and will be attending another meeting this week. He stated he attended a meeting with the Downey
Arts Coalition who would like to bring public art back into the community. He asked staff to bring
back the possibility of creating a Public Arts Subcommittee of the City Council. Council Member
Guerra reported last Friday he was installed as the Vice President of the Independent Cities
Association. He advised residents that the City of Downey permitted a non-profit company to paint
curb numbers on the street. He encouraged residents to have their numbers painted on their curb to
aide police and fire responders in easily identifying an address. He stated the service is free, but the
non-profit is requesting a donation. Council Member Guerra requested staff bring back an agenda
item about the possibility of installing cameras throughout the City. He congratulated the Police
Department and Police Chief Esteves on the Memorial and stated it is a beautiful tribute to the City’s
fallen hero. Council Member Guerra recognized Lars Clutterham, Green Task Force Member.
Mayor Marquez welcomed everyone to the City Council Meeting. He advised he attended
the Police Memorial Dedication Ceremony and commended staff for organizing a great event. He
thanked the Whittier Police Department for patrolling Downey during the ceremony. Mayor Marquez
thanked the residents of the triangle neighborhood for attending the community picnic. He stated it
was a great chance for residents to meet and interact with members of the City Council and the
Police and Fire Chiefs. Mayor Marquez thanked the Police and Fire Explorers for assisting with the
event. He invited residents to the second event scheduled for Saturday, October 1 , 2011, Golden
Park, 2:00 p.m. – 4:00 p,m. Mayor Marquez reported that he attended the League of California
Cities Annual Conference as the City’s voting delegate. He stated there were several resolutions to
vote on and he also attended several workshops relating to local government. Mayor Marquez
reminded residents that the Taste of Downey is this Friday and tickets are available at City Hall
PRESENTATIONS:
Mayor Marquez presented a Proclamation to Fire Department Chief Croom and Fire
Department employee Jason Patao, Fire Inspector, in recognition of Fire Prevention Month.
PUBLIC HEARINGS: None
NON-AGENDA PUBLIC COMMENT:
Maria De Parelles, resident, suggested the City install bike lanes to promote safety and
health for families in the community.
Bob Goldstein, resident, provided applications to the City Council, City staff and the public to
purchase an ad in the Symphony Program. Mr. Goldstein also advised that raffle tickets are still
available.
Dee Bacus, Chamber of Commerce, thanked the City Council and staff for the positive action
the City takes on behalf of the Chamber of Commerce. Ms. Bacus stated the Chamber of
Commerce is excited about the upcoming Taste of Downey and the October food truck event.
Lars Clutterham, resident, Green Task Force Member, advised City Council that the Green
Task Force will be delivering the first quarterly report in December. Mr. Clutterham provided a brief
summary to the City Council on the Task Force’s progress.
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John Lacey, resident, complimented the City of Downey, previous City Council Members and
staff for the good stewardship of the public’s monies. Mr. Lacey shared a quote from former
President Reagan.
Roy Beard, resident, advised that the City of Downey holds free Community Emergency
Response Training Classes (CERT) twice annually. Mr. Beard stated that one of the first sessions
of the training is fire prevention. The next CERT training is scheduled for Saturdays, October 1 ,
201 1 ; October 8, 2011 ; and October 15, 2011.
CITY COUNCIL CONSENT CALENDAR:
It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Guerra and
unanimously carried to approve the Consent Calendar Items as presented.
1.APPROVED CITY COUNCIL MINUTES; Adjourned and Regular Meetings September 13,
2011 : City Clerk.
2.APPROVED WARRANTS ISSUED: Warrant Nos. 261925 - 262274; Wire Nos. 30002484 -
30002493 and 790- 793; in the total amount of $4,813,898.56: Finance
3.CASH CONTRACT NO. S.S. 620 – ANNUAL MISCELLANEOUS CONCRETE
CONSTRUCTION AND REPAIR PROJECT: AWARDED CONSTRUCTION CONTRACT
TO CJ CONCRETE CONSTRUCTION, INC. IN THE AMOUNT OF $215,030: Public Works
4.APPROVED AGREEMENT WITH JOHN L. HUNTER & ASSOCIATES, INC. FOR UP TO
ONE YEAR FOR STORM WATER PROGRAM MANAGEMENT AND NATIONAL
POLLUTION DISCHARGE ELIMINATION SYSTEM/MUNICIPAL SEPARATE STORM
SEWER SYSTEMS PERMIT COMPLIANCE AND PLAN CHECK SERVICES IN THE
AMOUNT OF $80,080: Public Works.
5.ADOPTED RESOLUTION NO. 11-7298, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING SUBMITTAL OF APPLICATIONS FOR ALL GRANT
FUNDS FOR THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE
SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER
AND COASTAL PROTECTION BOND ACT OF 2006 FOR WHICH THE CITY OF DOWNEY
IS ELIGIBLE. AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE ALL GRANT DOCUMENTS: Administration.
6.ADOPTED ORDINANCE NO. 11-1292, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE
RELATING TO SPEED LIMITS ON GALLATIN ROAD: Public Works.
ADMINISTRATIVE REPORTS:
RECONVENED THE COMMUNITY DEVELOPMENT COMMISSION MEETING FOR A JOINT
SESSION WITH THE CITY COUNCIL:
CITY COUNCIL ACTION:
Chairperson Marquez reconvened the Community Development Commission at 8:11
for a joint session with the City Council. All Commissioners were present.
City Council Minutes 09/27/1 1 -3-
7.ADOPTED RESOLUTION NO. 11-7299, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING A REMITTANCE AGREEMENT BY AND BETWEEN THE
CITY OF DOWNEY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF DOWNEY, PURSUANT TO THE AUTHORITY SET FORTH IN HEALTH AND SAFETY
CODE SECTION 34194.2 (AB IX 27): Community Development.
City Manager Caton advised Mr. Brian Saeki, Community Development Director, will be
providing the staff report to the City Council.
Mr. Saeki stated this is the final action relating to AB IX 26 and AB IX 27, which is a
Resolution that adopts the preliminary draft recognizing the obligation payment schedule. The
document shows all the Community Development Commission's financial obligations through final
year 2035-2036
Council Member Guerra asked what happens if the City Council passes this Resolution and
the Supreme Court sides with the Cities on the stay of execution.
Mr. Saeki advised that the City will have information on the ruling by January 15, 2012. The
City will have to make a payment equal to half of the entire payment, which is $1.2 million. The City
will know the Court’s ultimate ruling before the City makes the payment. If the City makes the
payment prior to the Court’s ruling and the Court rules in favor of the Cities, the payment will have to
be returned to the Community Development Commission. Information provided thus far to the
Community Development Commission and the City Council are legal obligations under AB IX 27
because the stay that is currently in place only upheld a few items and the other items needed to be
completed
City Attorney Abich Garcia stated there is a clause in the Remittance Agreement that states if
the bills were to be held invalid this agreement becomes invalid without any further action by the
governing bodies
Council Member Guerra asked if the City is moving forward with business as usual under this
scenario or is redevelopment and other business in a stay
City Attorney Abich Garcia stated the payment is subject to the stay for the most part with
certain exceptions; everything has been put on hold by the court until we receive a decision by the
Court. All the Community Development and City Council actions are being done under protest so
the City can have the right to seek reimbursement
Council Member Vasquez asked if the City can recoup legal fees if the court rules in the
City’s favor.
City Attorney Abich Garcia stated she is unsure if the City is going to be able to recoup legal
fees, but whatever we paid pursuant to the bills the City will be reimbursed.
Mayor Marquez opened this item for public comment. No one came forward to speak
It was moved by Council Member Vasquez. seconded by Council Member Guerra and
unanimously carried to adopt the Resolution.
COMMUNITY DEVELOPMENT COMMISSION ACTION:
5.ADOPTED RESOLUTION NO. 11-294, A RESOLUTION OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY APPROVING A
REMITTANCE AGREEMENT BY AND BETWEEN THE CITY OF DOWNEY AND THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY, PURSUANT
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TO THE AUTHORITY SET FORTH IN HEALTH AND SAFETY CODE SECTION 34194.2
(AB IX 27): Community Development.
It was moved by Commissioner Vasquez, seconded by Commissioner Guerra and
unanimously carried to adopt the Resolution.
RECESSED THE COMMUNITY DEVELOPMENT COMMISSION MEETING:
Mayor Marquez recessed the Community Development Commission at 8:17 p.m.
8.APPOINTMENT OF 15 COMMISSIONERS TO THE DOWNEY YOUTH COMMISSION:
Administration.
Shannon DeLong, Assistant to the City Manager, summarized the staff report. Ms. DeLong
stated 28 applications were received from high school age residents of Downey and each Council
Member was asked to appoint three residents
Council Member Vasquez selected: Nick McEwen, Kimberly Matamoros and VanessaSanchez.
Council Member Guerra selected: Natalie Ramirez1 Anais Zepeda and (,enesis Anguiano
Council Member Gafin selected: Rebekah Jin, Sophia Paik and Tiffany Ashton
MaYor Pro Tem Brossmer selected: Carlos Valenzuela, Andray Cardoza and Diego Lucas1
who was also selected by Mayor Marquez.
Mayor Marquez selected: Diego Lucas, Xitlalyc Cardenas and Karina Gonzalez.
Ms. DeLong requested Mayor Pro Tem Brossmer choose another applicant from Warren
High School as Diego Lucas was selected by two Council Members
Mayor Pro Tem Brossmer selected Gabriel Acosta
Council Member Guerra confirmed students who are currently seniors serve on this
committee until the completion of high school, which is approximately eight months.
Ms. DeLong advised that according to the criteria established by City Council once the
students graduate from high school they are no longer eligible to serve on the Youth Commission
She stated the intent of the Commission is to run on the City’s fiscal year; if City Council prefers,
staff can bring back an amendment to the guidelines that state that a senior may serve until the end
of the fiscal year, which is June 30.
Council Member Guerra stated the City Council should consider allowing seniors to serve
until June 30 for this first year. He further stated he is glad this Commission was established and
thanked staff and his colleagues for working together and establishing the Youth Commission.
Council Member Vasquez congratulated staff for establishing the Youth Commission and
Mayor Pro Tem Brossmer and Council Member Guerra for supporting the idea
Mayor Marquez stated he was overwhelmed by the number of qualified and eager students
willing to serve and give back to the community. He stated he continues to be impressed with the
youth in Downey and the number of youth who care about the community, want to be involved in the
City and learn more about City government. Mayor Marquez commended staff for their assistance
in establishing the Commission.
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Council Member Guerra requested staff contact the students who were not selected and
thank them and encourage them to reapply in the future
It was moved by Council Member Guerra, seconded by Council Member Gafin, and
unanimously carried to appoint the 15 members to the Youth Commission
STAFF MEMBER COMMENTS: None
ADJOURNMENT:
The meeting adjourned at 8:27 p.m. to 6:30 p.m., October 1 1, 2011 ; in memory of Gene
Davis, father of City Planner William Davis and Mary Fallon, longtime Downey resident.
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City Council Minutes 09/27/1 1