HomeMy WebLinkAboutMinutes 11-22-11 Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
NOVEMBER 22, 2011
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:32 p.m., November 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:Gilbert Livas, Assistant City Manager
Yvette M. Abich Garcia, City Attorney/Agency Counsel
Adria Jimenez, Consultant, City Clerk’s Office
Other City Staff
PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None.
APPROVED CLOSED SESSION MINUTES: November 8, 2011
It was moved by Council Member/Commissioner Gafin, seconded by Council Member/
Commissioner Vasquez, and unanimously carried to approve the Closed Session Minutes from
November 8, 2011.
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 54956.8 – Conference with real property negotiators Gerald
Caton/Gilbert Livas re: property at 12214 Lakewood Boulevard (Downey Studios);
negotiating parties: Stuart Lichter, Industrial Realty Group and Jeffry Cook, Silverpeak
Real Estate Partners; under negotiations: price and terms of payment.
RECONVENED/RECESSED:
The meeting reconvened in Open Session at 7:32 p.m. with all Council Members/
Commissioners present. There were no actions to report.
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ADJOURNMENT:
The meeting adjourned at 7:33 p.m
JOYC Interim City Clerk/Secretary LUIS H. MAR(3UEZ, May6f/C 6erson
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MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
November 22, 2011
The City Council of the City of Downey held a Regular Meeting at 7:38 p.m., November 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:Gilbert Livas, Assistant City Manager
Yvette M. Abich Garcia, City Attorney
Adria Jimenez, Consultant, City Clerk’s Office
Lonnie C;room, 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
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 mentioned attending the 96th and 97th new Neighborhood Watch
Group meetings; noted attending the 7th Annual Thanksgiving Downey Interfaith Service; attended
the Downey Unified School District Board meeting and congratulated School Board President
Martha Sodetani for her leadership this past year; congratulated Ward Elementary School for being
recognized as an Academic Performance Index (API) school for their significantly increased API
scores; noted the City will have a toy drive to assist different charities such as Angel Tree and True
Lasting Connections Family Resource Center (TLC). He wished everyone a Happy Thanksgiving
Council Member Vasquez mentioned attending the Assistance League’s Annual Christmas
Brunch which benefits underserved children in the community and recognized Emergency
Preparedness Committee Member Lee Ann Sears in the audience.
Council Member Gafin congratulated staff and Mayor Pro Tem Brossmer for the Veteran’s
Day Ceremony at the Downey Civic Theatre; congratulated the Downey Vive for the great art show
at the Downey Civic Theatre; noted the following upcoming events, December 1 st Tree Lighting
Ceremony at 6:00 p.m.1 December 4th Downey Chamber of Commerce Annual Christmas Parade,
December 6th, 7:30 a.m., Gangs Out of Downey (G.O.O.D.) meeting, December 6th, 6:00 p.m.,
Mayoral Transition Ceremony1 and December 2-'’ Big Bad Vodoo Daddy Hollywood performance,
8:00 p.m.1 at the Downey Civic Theatre. He thanked everyone for attending and wished them a
Happy Thanksgiving.
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Mayor Pro Tem Brossmer mentioned attending the employee service awards dinner for
employees with 20, 25, 30 and 35 years of service; mentioned the Downey Art Vive event; the
Veteran’s Day Ceremony; an event on Saturday at Columbia Learning Center to showcase robots
from West Middle School: noted Council Member Guerra and staff had an informal Veteran’s
Memorial Committee meeting and hoped to break ground on the project in the near future; joined
Council Member Guerra for the Character Counts “Respect Row” dedication at the Downey Unified
School District offices; attended American Legion No. 270’s meeting at Rio Hondo Event Center and
provided an update on the military banner program and upcoming Veteran’s Memorial.
Mayor Marquez said it is great to see youth and members of the Green Team attending and
congratulated their mentors for getting them involved in the City through cleanups and attendance at
Council Meetings. He noted the Veteran’s Day Event was great and said he was fortunate to attend
the First Presbyterian Church's 125th Anniversary
PRESENTATIONS:
Mayor Marquez and Mayor Pro Tem Brossmer presented a Proclamation to Mr. Ken
Sayama, World War II Veteran, in recognition of his honor in receiving the prestigious Congressional
Gold Medal
Emergency Preparedness Committee Chairman Roy Beard provided an update on the
Committee’s mission, meeting schedule, initiatives, events and activities. He noted the Committee
rises to the challenge to make citizens aware of what to do in an emergency situation.
Mayor Pro Tem Brossmer thanked Mr. Beard and the entire Emergency Preparedness
Committee for their assistance to the City under the leadership of Emergency Services Manager
Mark Sauter.
The Mayor recessed at 8:04 p.m. and reconvened at 8:07 p.m., with all Council Members
present
PUBLIC HEARINGS:
1. ADOPTING THE 2010 CALIFORNIA FIRE CODE WITH AMENDMENTS: Fire.
ADOPTED ORDINANCE NO. 11-1295, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AMENDING CHAPTER 3, 4, 5, AND 6 OF ARTICLE III OF THE
DOWNEY MUNICIPAL CODE. THROUGH ADOPTING BY REFERENCE THE 2010
CALIFORNIA FIRE CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9),
BASED ON THE INTERNATIONAL FIRE CODE, 2009 EDITION, WITH ERRATA, AND
THOSE PORTIONS OF THE INTERNATIONAL FIRE CODE, 2009 EDITION, INCLUDING
APPENDICES A THROUGH J INCLUSIVE, TOGETHER WITH CERTAIN ADDITIONS,
INSERTIONS, DELETIONS AND CHANGES THERETO, FOR THE PURPOSE OF
PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO THE LIFE
AND PROPERTY FROM FIRE OR EXPLOSION; AND ADOPTING CHAPTER 6.95 OF
CALIFORNIA HEALTH AND SAFETY CODE FOR THE PURPOSE OF PRESCRIBING
REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY
FROM THE HANDLING, USE, STORAGE OR RELEASE OF HAZARDOUS MATERIALS
OR HAZARDOUS WASTE.
Mayor Marquez opened the Public Hearing at 8:08 p.m., City Clerk Consultant Jirnenez
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. City Clerk
Consultant Jimenez noted there was no correspondence received.
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Fire Chief Croom stated adoption of the Fire Code takes place every three years and noted
the 2010 Fire Code is one of the most comprehensive ever adopted. He recommended its adoption
and specifically recommended adoption of an Ordinance amending Chapters 3, 4, 5 and 6 of Article
3 of the Downey Municipal Code (DMC), adopting by reference the 2010 California Fire Code,
California Code of Regulations, Title 24, Part 9. He noted the Downey Fire Prevention Bureau has
requested several amendments to the California Fire Code to assist with the permit and inspection
processes. Proposed amendments to the administrative provisions will remain consistent with the
Electrical, P\umbing, Mechanical, Green, Building, Energy and Residential Codes which were
adopted by the Council in January 2010. Local amendments to the technical provisions of the
California Fire Code have only one change, to DMC Section 3510, to more clearly communicate the
lottery selection process for firework stand permitting. In the past, per the Downey Municipal Code,
the City holds a lottery on October 1 of each year, which sometimes lands on weekends. This was
changed to the first Wednesday in October and requires that someone from the organization must
attend. He noted the number of permits issued will remain the same.
Council Member Guerra referred to California Fire Code Section 907.1, and noted Downey’s
Municipal Code is different for fire alarms
Chief C)room responded that alarms are required for any fire sprinkler building; however, the
City requires a total coverage fire alarm system
There being no speakers, it was moved by Mayor Pro Tem Brossmer, seconded by Council
Member Gafin and so ordered by the Mayor to close the public hearing, the time being 8:13 p.m.
There being no further speakers, it was moved by Mayor Pro Tem Brossmer, seconded by
Council Member Gafin and unanimously carried to adopt the Ordinance.
CONSENT ITEMS REMOVED:
4.CASH CONTRACT NO. S.S. 614– TRUCK- IMPACTED INTERSECTIONS IMPROVEMENT
PROJECT – PHASE 2: APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED
SOLICITATION FOR BIDS: Public Works. This item was pulled by Council Member Vasquez
and is listed under Other Business below
6.APPROVE AGREEMENT WITH KANE, BALLMER & BERKMAN FOR ON-CALL
PROFESSIONAL SERVICES FOR RIGHT-OF-WAY ACQUISITION SERVICES: Public
Works. This item was pulled by Council Member Guerra and is listed under Other Business
below
9.ADOPT ORDINANCE NO. 11-1297, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AMENDING ARTICLE X, CHAPTER I OF THE DOWNEY MUNICIPAL
CODE BY ADDING SECTION 10128 TO PROHIBIT SMOKING IN PUBLIC PARKS,
EXCEPT IN DESIGNATED AREAS, AND DURING CITY-SPONSORED EVENTS: City
Attorney. This item was pulled by Council Member Guerra and is listed under Other
Business below.
CITY COUNCIL 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 presented
2.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings November 8,
2011: City Clerk.
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3.APPROVED WARRANTS ISSUED: Warrant Nos. 263315 – 263685; Wire Nos. 30002524 –
30002533 and 812 – 815; in the total amount of $5,014,314.35: Finance
5.SET A PUBLIC HEARING FOR JANUARY 10, 2012 TO APPROVE THE CITY OF
DOWNEY URBAN WATER MANAGEMENT PLAN: Public Works
7.APPROVED SUBRECIPIENT AGREEMENT WITH THE 1-5 CONSORTIUM CITIES JOINT
POWERS AUTHORITY FOR THE RECEIPT OF $2,911,962 1N MEASURE R FUNDS FOR
THE IMPLEMENTATION OF CONSTRUCTION MITIGATION PROJECTS RELATED TO
THE PROPOSED 1-5 FREEWAY WIDENING PROJECT: Public Works.
8.ADOPTED ORDINANCE NO. 11-1296, 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 BETWEEN TWEEDY LANE AND
PARAMOUNT BOULEVARD: Public Works
OTHER BUSINESS:
CONSENT ITEMS REMOVED:
Mayor Pro Tem Brossmer requested Item 9 be taken out of order
9.ADOPTED ORDINANCE NO. 11-1297, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AMENDING ARTICLE X, CHAPTER 1 OF THE DOWNEY MUNICIPAL
CODE BY ADDING SECTION 10128 TO PROHIBIT SMOKING IN PUBLIC PARKS. AND
DURING CITY-SPONSORED EVENTS, EXCEPT IN DESIGNATED AREAS: City Attorney
Council Member Guerra asked when staff will provide an idea of when the designated
areas at parks will be written. He also requested a running tab of staff time, signs costs, and
enforcement, estimating himself that $15,000 has already been spent to date.
Assistant City Manager Livas advised staff is surveying other cities to see how they have
handled this issue and will bring information back to Council.
City Attorney Abich Garcia advised she has spent less than 8 hours on this issue but had no
fiscal estimate to present at this time
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 Ordinance
NON-AGENDA PUBLIC COMMENT:
The following people spoke regarding the recent officer involved shooting
Laura Cozantino referred to the removal of the sidewalk memorial for Mr. Nida and was
referred by Assistant City Manager Livas to the Director of Public Works.
Ryan Shaw referred to the sidewalk memorial and asked to have the issue on an Agendized.
Augustine Zavala
Laura Cozantino
Kim Hunter
Lima Harris
Susan Thaxton
Relative of Mr. Nida (did not give name)
Lauren Castivas
Damien Ramirez
Mariah (no last name)
Ron Bouris
Jean Thaxton
Jay Gonzalez
Chanda Thaxton
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The meeting recessed at 9:30 p.m. and reconvened at 9:32 p.m., with all Council Members
present.
OTHER BUSINESS: None.
ADMINISTRATIVE REPORTS:
10.APPROVED PROPOSED SEQUENCE OF ROTATION OF MAYOR AND MAYOR PRO
TEM AND APPROVE THE TRANSITION DATE FOR THE MAYORAL CEREMONY: City
Clerk
City Clerk Consultant Jimenez presented the proposal for the Mayoral Transitions for
the years of 2011 and 2012, noting the Council’s policy adopted in 2008 requires the City Clerk to
submit a proposed sequence of rotation to be approved by the City Council each year at the time of
the Council reorganization. Last year the Council approved holding separate meetings for the
selection of Mayor and Mayor Pro Tem and to bring this item forward for Council approval during the
last meeting in November.
The recommendation for Mayor and Mayor Pro Tem for 201 1 is Mayor Roger C.
Brossmer and Mayor Pro Tem David R. Gafin and for 2012 is Mayor Mario A. Guerra and Mayor Pro
Tem Fernando Vasquez. She requested the sequence be approved as submitted and also
requested approval of the Mayoral Transition Ceremony date of December 6, 2011
It was moved by Mayor Marquez, seconded by Council Member Guerra and
unanimously carried to approve Staffs recommendation.
11.ADOPTED RESOLUTION NO. 11-7303, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY IMPOSING THE CITY’S LAST, BEST, AND FINAL OFFER TO THE
DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION PURSUANT TO THE CITY OF
DOWNEY EMPLOYEE RELATIONS ORDINANCE NO. 1118 AND GOVERNMENT CODE
SECTION 3505.4: Administration.
Human Resources Director Youssefieh explained the City represents seven bargaining
groups, representing 374 full-time employees and from May 2010 to August 2011 completed good
faith labor negotiations with six bargaining groups, reaching agreement on successor Memorandums
of Understanding (MOU’s). She presented the context of negotiations with the Public Safety
Auxiliary Association in which the City was unable to reach agreement for a successor MOU and
noted the Public Safety Auxiliary MOU expired on October 31, 2010. This group represents 48
members in non-sworn safety support positions. The City began its negotiations with this group in
September 2010, negotiated in good faith for seven months, and determined that no agreement
could be reached. On July 28, 2011, the City presented its last, best and final offer and on August
17, 2011, the Public Safety Auxiliary rejected that offer and the City declared impasse. On
September 8, 2011 and November 14, 2011, the City and the Public Safety Auxiliary exercised
efforts to resolve impasse without success. Staff recommends the Council, in order to complete this
round of labor negotiations, adopt the Resolution to impose the terms of the City’s last, best and final
offer. She noted it includes the same key provisions the City was able to negotiate with four other
bargaining groups. She mentioned the authority of the City Council to impose the last, best and final
offer is provided by law pursuant to Government Code Section 3505.4, noting the City can
implement these provisions but cannot impose an MOU.
Council Member Guerra referred to the City’s long term costs and liabilities noted in the
report, stating this is a generous offer and will result in a fiscal shortfall in the 201 1-2012 budget of
approximately $10 million. He noted he has voted against each bargaining group contract and will
also vote against this one, stating the City cannot afford it.
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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
CONSENT CALENDAR ITEMS REMOVED CONTINUED:
6.APPROVED AGREEMENT WITH KANE, BALLMER & BERKMAN FOR ON-CALL
PROFESSIONAL SERVICES FOR RIGHT-OF-WAY ACQUISITION SERVICES: Public
Works
Council Member Guerra stated there is no cost noted and asked about the hourly rate
and Request For Proposal (RFP) information
Public Works Director Oskoui explained that the selection of consultant professional
services are qualification based and factors reviewed are the qualifications of the firm, the personnel
assigned and the cost. He noted the attachment lists the hourly rates of the individuals who will
potentially be involved in this project. The other firms’ proposals were not attached as the guidelines
for qualification based service selection are different from construction public works contracts where
all bidders are listed and the bids are analyzed.
Assistant City Manager Livas noted on a right-of-way acquisition each case is different and
depends on complexity. He explained there may be a negotiation between staff and the owner
where there is no involvement by the attorneys other than paperwork. If someone challenges the
City’s right to take property, it involves additional hours
Public Works Director Oskoui advised that generally with this type of project the take is not a
full property acquisition, as with Lakewood Boulevard, where 3-1/2 feet of the property will be
acquired, resulting in fewer transactions involved. He explained that in most cases during the last
phase the City did not need to go through a lawyers’ office for negotiations with property owners and
he anticipates that all three locations in this phase will follow the same pattern, which is why the
rates noted are hourly based. He estimated the cost will be approximately $10,000 to $15,000; for
Bellflower Boulevard and Imperial Highway somewhat less; and for Firestone Boulevard and
Paramount Boulevard approximately $10,000.
Council Member Guerra stated he wanted to make sure the City is not taking the right-of-
way until we are ready to do the widening of the street
Public Works Director Oskoui stated this is a major boulevard and the City must get into the
right-of-way acquisitions before commencing the project, as they can be a lengthy process. He
stated the actual physical work will be completed when the project begins, which will be
approximately two years.
It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Gafin and
unanimously carried 5-0 to approve the Agreement.
4.CASH CONTRACT NO. S.S. 614 – TRUCK- IMPACTED INTERSECTIONS IMPROVEMENT
PROJECT – PHASE 2: APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED
SOLICITATION FOR BIDS: Public Works
Council Member Vasquez asked when it is anticipated this project will be brought back for bid
approval and award of contract.
Public Works Director Oskoui advised it will most likely come before the Council in February.
Council Member Vasquez requested consideration of overnight construction to assist in
traffic congestion and to assist the businesses that will be affected.
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Mayor Pro Tem Brossmer noted the Florence Avenue/Studebaker Road intersection
project is long overdue for repair.
Mayor Marquez agreed with the need to repair the Florence Avenue/Studebaker Road
intersection and asked when the repairs will begin
Public Works Director Oskoui stated staff hopes to start construction in April.
Council Member Vasquez asked that staff work to insure deadlines are met and that the
contractor is held accountable.
It was moved by Council Member Vasquez, seconded by Council Member Gafin and
unanimously carried to approve Staffs recommendation.
STAFF MEMBER COMMENTS:
Gilbert congratulated incoming Mayor Brossmer, Mayor Pro Tem Gafin and thanked Mayor
Marquez for doing a wonderful job this past year.
ADJOURNMENT:
The meeting adjourned at 9:58 p.m. to 6:00 p.m., December 6, 201 1, for a Mayoral
Transition and Swearing-In Ceremony.
a..:‘
EUIS H. MARQUEZ, M
(Aq
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