HomeMy WebLinkAboutMinutes - 04-22-08 - Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
APRIL 22, 2008
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:32 p.m., April 22, 2008, in the Council Chamber of the Downey City
Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairperson David R. Gafin presiding.
PRESENT:Council Members/Commissioners:
David R. Gafin
Mario A. Guerra
Anne M. Bayer
Kirk O. Cartozian
Rick Trejo
Mayor/Chairperson
Mayor Pro Tem/Vice-Chairperson
(arrived 6:40 p.m.)
ALSO PRESENT:Gerald R. Caton, City Manager/Executive Director
Lee Powell, Assistant City Manager/Executive Director
Edward W. Lee, City Attorney/Agency Counsel
Joyce E. Doyle, Chief Deputy City Clerk/Acting Secretary
Scott K. Pomrehn, Assistant to the City Manager
Desi Alvarez, Deputy City Manager/Special Projects
Gilbert Livas, Deputy City Manager/Community Development
John Perfitt, Economic Development Director
Other City Staff
PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None.
APPROVED CLOSED SESSION MINUTES: April 8, 2008.
It was moved by Mayor Pro Tem/Vice-Chairperson Guerra, seconded by Council
Member/Commissioner Bayer and unanimously carried (4/0) to approve.
RECESSED TO CLOSED SESSION:
Mayor/Chairperson Gafin 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 labor negotiator Lee Powell re:
direction for labor negotiations with Downey Police Officers Association.
2. Government Code Section 54956.8 – Conference with real property negotiator Gilbert Livas
re: property at 7447 Firestone Boulevard; negotiating party: Jim Loudec under negotiations:
price and terms of payment.
City Council/Community Dev. Comm. Minutes (adj.) 04/22/08 -1 -
RECONVENED:
The meeting reconvened in Open Session at 7:31 p.m. Wth all Council
Members/Commissioners present. There were no Closed Session Actions to report.
ADJOURNMENT:
The meeting adjourned at 7:31 p.m.
f,3 +J 1
J om IOYLE, Chief Deputy City Clerk/Secretary llrperson
City Council/Community Dev. Comm. Minutes (adj.) 04/22/08 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
APRIL 22, 2008
The City Council of the City of Downey held a Regular Meeting at 7:33 p.m., April 22, 2008,
in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California,
Mayor David R. Gafin presiding.
PRESENT:Council Members:
David R. Gafin
Mario A. Guerra
Anne M. Bayer
Rick Trejo
Kirk O. Cartozian
Mayor
Mayor Pro Tem
ALSO PRESENT:Gerald R. Caton, City Manager
Edward W. Lee, City Attorney
Lee Powell, Assistant City Manager
Joyce E. Doyle, Chief Deputy City Clerk
Scott K. Pomrehn, Assistant to the City Manager
Desi Alvarez, Deputy City Manager/Special Projects
Linda Haines, Building and Housing Director
John Michicoff, Finance Director
John Perfitt, Economic Development Director
Thad Phillips, Community Services Director
Brian Ragland, Public Works Director
Mark Sauter, Fire Chief
Rick Esteves, Police Captain
Susan Domen, Secretary to the City Clerk
Other Staff
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND
CONFERENCE/MEETING REPORTS:
Council Member Trejo apologized for missing the Library’s Volunteer Luncheon and the
ribbon cutting for the Farmers’ Market; announced the annual basketball game between Downey
Regional Medical Center staff and doctors to be held at the YMCA this Friday at 7:00 p.m.; and he
requested an update on the Learning Center and Park.
Council Member Cartozian noted he attended the bilingual reading time at the Library, the
grand opening for the Escares Family medical building, the Library Volunteer Luncheon; and the
Farmers’ Market; he reminded everyone that the market will be held every Saturday from 9:00 –
1 :00 p.m.; and he mentioned that Los Angeles County Supervisor Don Knabe’s father passed away.
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Mayor Pro Tem Guerra requested staff to assist the Downey Rose Float Association in
resolving the electricity problem due to theft of wiring at the float site; requested that the signal
synchronization at Paramount Boulevard and Florence Avenue be adjusted; noted that he attended
previously mentioned events as well as the GOOD luncheon last week; requested staff to put a link
to the Character Counts website on the City website; and commented on accusations made at the
previous Council meeting regarding Council Member Cartozian and himself, announcing that the
City Attorney has looked into the matter and found that the allegations are unfounded.
Mayor Gafin announced the Downey Chamber of Commerce’s upcoming Street Faire will be
held on May 3’d at Brookshire Avenue.
PRESENTATIONS:
Mayor Gafin presented a Proclamation declaring May 10, 2008, as Kids Day to Recreation
Division employees Jaime Verela and Lauren Terrazas.
Mayor Gafin presented a Proclamation declaring May 5 – 11 , 2008, as Building Safety Week to
Director Haines.
PUBLIC HEARINGS: None
NON-AGENDA PUBLIC COMMENT:
Maria Larkin, resident of Downey, congratulated the City for the new Farmers’ Market and
suggested that the Downey Bus Depot would be a better location and would benefit businesses on
Firestone Boulevard.
Gary DeRemer, President of the Downey Rose Float Association, thanked everyone for their
help and concern regarding the electricity issue and stated that the County has promised power at
the float site within six weeks. He also noted that this is a temporary solution and a permanent
home for the float is still needed.
Lennie Whittington, resident of Downey, submitted a copy of a Letter to the Editor and
proceeded to read it. He spoke on incidents at previous meetings and suggested that the Sergeant-
at-Arms should ensure that citizens get to their vehicles safely.
Bonnie Schilling, member of Girl Scout Troop 324, requested that the potholes on major
streets be repaired
Harold Tseklenis, resident of Downey, noted that today is Earth Day and is being celebrated
all over Los Angeles. He stated that the Los Angeles City Council adopted an ordinance supporting
becoming a green city and suggested we do the same.
Stephanie Holsinger praised Lennie Whittington and his service to the community.
John Lacey, resident of Downey, noted that the community has to work together to solve
gang issues and asked if we are all doing what we can; he also asked if we are all doing what we
can to improve the environment and suggested that these items become a high priority.
Richard Pridham, resident of Downey, noted that in the past the Council meetings were
conducted for City business and that Council and staff listened to the citizens.
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Christina Clark, member of Girl Scout Troop 324, requested that the traffic signal at Downey
Studios be moved back to Lakewood Boulevard and Clark Avenue.
Jerry Rogers, resident of Downey, congratulated the Council for the way the City is being
run; stated he loved the Farmers’ Market; and noted that bike lanes are needed on the streets.
City Attorney Lee reminded everyone that the Non Agenda Public Comment period of the
meeting is to allow citizens to bring up concerns not on the agenda that fall within the jurisdiction of
the Council conducting City business; he stated it is inappropriate to be criticizing other citizens or
having debates about a person’s character. He noted that in the future this behavior would not be
tolerated
Francisco (?) stated he is a friend of Lennie Whittington and said Mr. Whittington should be
respected .
City Attorney Lee interrupted and reminded him this is not the forum for character debates.
CONSENT CALENDAR:
It was moved by Council Member Cartozian, seconded by Council Member Bayer, and
unanimously carried to approve the Consent Calendar items as recommended:
1.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings April 8, 2008: City
Clerk
2.APPROVED WARRANTS ISSUED: Warrant Nos. 230832 – 23121 1 : Wire Nos. 361
30001655 – 30001663; in the total amount of $3,427,243.39: Finance.
3.AUTHORIZED CONTRACT WITH HF&H FOR COST ANALYSIS OF CALMET’S
OPERATION AND APPROVED A 3.3% ADJUSTMENT IN SOLID WASTE FEES:
Administration.
4.CASH CONTRACT NO. 661 : QUILL DRIVE SEWER MAIN EXTENSION: APPROVED
PLANS AND SPECIFICATIONS AND GRANTED AUTHORITY TO ADVERTISE FOR
BIDS: Public Works.
5.APPROVED AGREEMENT WITH INFRASTRUCTURE MANAGEMENT SERVICES. INC
IN THE AMOUNT OF $15,600 TO UPDATE THE CITY’S PAVEMENT MANAGEMENT
INFORMATION SYSTEM: public Works.
6.PHASE II ENHANCED VAPOR RECOVERY SYSTEM UPGRADES FOR CORPORATE
MAINTENANCE YARD (12324 BELLFLOWER BOULEVARD) AND FIRE STATION # 1
(12222 PARAMOUNT BOULEVARD): AWARDED CONTRACT TO PACIFIC SYSTEMS
ELECTRIC, INC. AND APPROPRIATED $67,805 FROM THE EQUIPMENT FUND FOR
INSTALLATION: Public Works.
7.LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT NO. 121, FISCAL YEAR
2008-09: Public Works.
A. ADOPTED RESOLUTION NO. 08-7051, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY APPROVING THE ENGINEER’S REPORT FOR ASSESSMENTS
WITHIN ASSESSMENT DISTRICT NO. 121 FOR FISCAL YEAR 2008-09;
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B. ADOPTED RESOLUTION NO. 08-7052, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY DECLARING ITS INTENTION TO LEVY AND COLLECT
LIGHTING AND LANDSCAPING ASSESSMENTS WITHIN ASSESSMENT DISTRICT NO.
121 FOR FISCAL YEAR 2008-09; AND
C. SET A PUBLIC HEARING FOR JUNE 10, 2008, TO CONSIDER SETriNG
ASSESSMENTS FOR STREET LIGHTING AND LANDSCAPING OPERATIONS AND
MAINTENANCE.
ADMINISTRATIVE REPORTS:
8.APPROVED THE “DESCENDING SPHERE“ ART IN PUBLIC PLACES SCULPTURE AT
7624 FIRESTONE BOULEVARD: Community Services.
Community Services Director Phillips presented a brief Power Point presentation requesting
the Council approve the art piece “Descending Sphere” that was approved by the Art in Public
Places committee to be installed at 7624 Firestone Boulevard. He noted that since Ordinance
Number 05-1182 went in to affect requiring 1% of building/reconstruction projects cost be spent on
art in public places, this was the first piece to come before Council. The owners of Unique Auto Spa
at 7624 Firestone Avenue have satisfied all of the conditions.
Council Member Cartozian asked for clarification on how the valuation is determined and if
there is a checks system to determine that the estimated cost used to determine the fees is the cost
of the construction. Director Haines responded that the fee is determined during the permit process
and is based on a fee schedule and the projects estimated costs. Council Member Cartozian then
suggested that these fees are looked at and compared with the actual costs of projects.
Council Member Bayer noted her concerns on the “donated by” plaques and if this will be on
all future projects.
Mayor Pro Tem Guerra questioned if more than one design was submitted for this project
and was told no.
Council Member Trejo noted concerns about abstract art and where it is placed around the
City and suggested that more criteria be developed to ensure that art that has meaning to the history
of Downey is included as well as art that is more easily understood by the citizens.
Council Member Cartozian stated that the criteria has been set by the Commission and
suggested that perhaps the Council could attend a meeting of the Commission and have the
process and criteria explained to them.
It was moved by Mayor Pro Tem Guerra, seconded by Council Member Bayer and
unanimously carried to approve.
9.DISCUSSED AND GAVE DIRECTION TO THE CITY ATTORNEY FOR PREPARATION OF
A WRITTEN POLICY ON THE MAYOR ROTATION: City Attorney.
City Attorney Lee presented a staff report stating that there in no formal written policy on the
rotation of the Mayor. An informal policy has been attempted, however, an established numerical
order has not been plausible due to numerous factors such as a Council Member only elected for
one term, new Council Members coming on, term limits, a Council Member refusing the position,
moving, death, etc. The only established rule is that the office of Mayor and Mayor Pro Tem is
elected by the Council per the City Charter. Attorney Lee stated that there is a “traditional” rotation
system as outlined in memos from previous City Clerks. He noted that setting a numerical sequence
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would be difficult due to the previous outlined exceptions that occur and suggested that the Council
approve a policy stating that every Council Member should become Mayor within their first term of
office and could be done by Resolution.
Council Member Cartozian explained that while he didn’t feel a final solution could be arrived
at tonight, he felt it was necessary to open up a discussion about this. He stated that good attempts
have been made in the past and agreed that every member should be Mayor during their first term.
He noted he had started informally surveying other cities on their process in which there is a wide
range
Mayor Pro Tem Guerra agreed that the policy should contain wording about every Council
Member being Mayor during their first term on the Council and asked if this could be changed by
future Council Members. He was advised that any policy they set can be changed by future
Councils
Council Member Bayer noted that when they were elected to Council they were not
guaranteed to be Mayor but were elected to represent the citizens. She feels that it should not be
used for political purposes and should follow the traditional rotation that has been in place since
1956 and has never been questioned before. She agreed that having a policy where everyone is
guaranteed to be Mayor in their first term is a good thing.
Mayor Gafin stated that there is no way to set a policy based on numerical order as there are
too many variables that effect it and he agrees that everyone should be Mayor during the first term.
Council Member Trejo stated that he has always felt that being on Council and voting on the
issues are the most important thing, not being Mayor or Mayor Pro Tem, noting he is here to serve
the citizens.
Mayor Gafin directed that the item be sent back to staff to draft a policy allowing for everyone
to be Mayor during their first term.
City Manager Caton stated that staff is up to the challenge and suggested that this be
reaffirmed with the new Council in January 2009.
OTHER BUSINESS: None.
STAFF COMMENTS: None
ADJOURNMENT:
The meeting adjourned at 9:02 p.m. to 6:30 p.m. May 13, 2008 in memory of Manuel
Gallegos, former Downey Unified School District Superintendent from 1971 – 1986; and Rayburn
Martin Knabe, father of Los Angeles County Supervisor, Don Knabe.
mtB:an?T8MnR5gRJ mA :M Mayor
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