HomeMy WebLinkAboutMinutes 12-13-11 Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
DECEMBER 13, 2011
The City Council/Community Development Commission of the City of Downey held an
Adjourned Regular Meeting at 6:31 p.m., December 131 20111 in the Council Chamber of the Downey
City Hall, 11111 Brookshire Avenue, Downey, California1 Mayor/Chairperson Roger c. Brossmer
presiding.
PRESENT:Council Members/Commissioners:
Roger C. Brossmer
David R. Gafin
Mario A. Guerra
Luis H. Marquez
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 Jirnenez, Consultant, City Clerk’s Office
Other City Staff
PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None
APPROVED CLOSED SESSION MINUTES: November 22, 2011
It was moved by Council Member/Commissioner Marquez, seconded by Mayor Pro
Tem/Vice-Chairperson Gafin, and unanimously carried to approve the Closed Session Minutes
from November 22, 2011.
RECESSED TO CLOSED SESSION:
Mayor/Chairperson Brossmer announced the Council/Commission is recessing to Closed
Session (6:32 p.m.) to discuss matters under the authority of the following sections of the
Government Code:
1. Government Code Section 54957 – Appointment of Public Employee – City Clerk
2. 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 7:30 p.m. with all Council Members/
Commissioners present. City Attorney/Agency Counsel Abich Garcia announced regarding Item 1,
appointment of City Clerk, that the Council/Commission voted unanimously to appoint Adria Jimenez
Downey City Clerk, effective January 1 1, 2012. She advised there were no actions to report
regarding Item 2.
City Council Minutes (Adj.) 12/1 3/1 1 -1-
ADJOURNMENT:
The meeting adjourned at 7:30 p.m
/ -\ /(A-
ADRIA M. Jl
City Clerk
'Jl r\
ROGERmm BROSSMEFq, Mayor/Chairperson
City Council Minutes (Adj.) 12/1 3/1 1 -2-
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
December 13, 2011
The City Council of the City of Downey held a Regular Meeting at 7:32 p.m.I December 13,
201 1 , in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey
California, Mayor Roger C. Brossmer presiding.
PRESENT:Council Members:
Roger C. Brossmer
David R. Gafin
Mario A. Guerra
Luis H. Marquez
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 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
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 mentioned attending the 97th neighborhood watch group meeting
near Gallatin Elementary School; congratulated new Mayor Brossmer; commended outgoing Mayor
Marquez for a job well done; and mentioned inquiries he has received regarding issues involving the
Americans with Disabilities Act (ADA). He wished everyone a Merry Christmas and safe New Year,
Council Member Marquez congratulated Mayor Brossmer; commented on the Mayoral
Transition Ceremony; and congratulated the Downey Chamber of Commerce on the Holiday Lane
Parade. He wished everyone a Merry Christmas.
Council Member Guerra noted Mayor Brossmer’s participation in three events; the Tree
Lighting Ceremony, the Christmas Parade and the Mayoral Transition Ceremony. He mentioned
attending the retirement dinner for City Manager Gerald Caton; welcomed new City Manager Gilbert
Livas; noted today State legislators took money from School Districts and public safety and advised
in January more funds will be taken away; thanked the many volunteers who assisted with the Angel
Tree event at St. Raymond Catholic Church; and mentioned attending the State of the County
Address by Los Angeles County District 4 Supervisor Don Knabe last week. He wished everyone
Happy Holidays and Merry Christmas.
City Council Minutes 12/1 3/1 1 -1-
Mayor Pro Tem Gafin mentioned the Downey Chamber of Commerce Christmas Parade and
acknowledged Chamber President Jan Scott in the audience; and requested a meeting of the
Theatre Subcommittee, including representatives from the Theatre’s management group. He
wished everyone the safest and happiest of Holiday Seasons
Mayor Brossmer advised he attended the Downey Chamber of Commerce’s Rise 'N Shine
meeting this morning; the retirement dinner for City Manager Gerald Caton; and stated the City is in
the sound fiscal position it is due to its great staff, great leaders and past Councils. He thanked staff
for their work on the Mayoral Transition and his family, friends and the public for the nice comments
PRESENTATIONS :
Mayor Brossmer, Scott Pomrehn, Executive Director, Columbia Memorial Space Science
Learning Center, and coaches Alan Jamka from Downey High, Glenn Yamasaki from Warren High,
presented Certificates of Appreciation to the five Learning Center High School VEX Robotics
Delegation teams. The coaches summarized the various awards received and advised that two of
the teams won the entire tournament and were qualified for the National Tournament in Omaha,
Nebraska and the World Finals in Anaheim. They thanked the Council for its continued support of
the VEX robotics program
Mr, Reuben Salgado, parent, expressed his gratitude to the coaches and to Mr. Pomrehn
Mayor Brossmer presented a City Tile plaque to Community Services Director, Thaddeus
Phillips, on his retirement after 15 years with the City, and wished him the best in the future.
Mr. Phillips commended the City of Downey, its community members, Councils and staff.
Mayor Brossmer noted the presentation to retiring Emergency Services Manager, Mark
Sauter, will be held later in the meeting.
The Mayor recessed at 8:04 p.m. and reconvened at 8:07 p.m., with all Council Members
present,
PUBLIC HEARINGS: None.
NON-AGENDA PUBLIC COMMENT:
Vincent Flores, resident, spoke about low-emission vehicles and suggested the City include
CNG in any future bid specifications when replacing vehicles in its fleet. He also suggested the City
buy American made vehicles and offer tax credits to entice car dealers to come to Downey.
The following people spoke regarding the recent officer involved shooting
Augustine Zavala
Terri Tamara
Sydney (no last name)
Laura Cosantino
Cliff Smith
Sierra Tamara
Katie Flor
Terri Ramirez
Deborah (no last name)
Kim Hunter
Paul Orloff
Patrick McGee
Susan Thaxton
Ryan Shaw
Damien Ramirez
Madeline (no last name)
Doug Kauffman
Lima Harris
Jill Coronaga
Vince Lamzon
Jean Thaxton
The meeting recessed at 9:22 p.m. and reconvened at 9:29 p.m., with Mayor Brossrner,
Mayor Pro Tem Gafin and Council Members Guerra and Vasquez present. Council Member
Marquez was absent
City Council Minutes 12/1 3/1 1 -2-
CONSENT ITEMS REMOVED:
4.CASH CONTRACT NO. S.S. 633 – SLURRY SEAL PROJECT AREA “B“ & REMAINDER
OF AREA “A”: ACCEPT IMPROVEMENTS AND FINAL CONTRACT AMOUNT OF
$269,111.75; AND DIRECT STAFF TO FILE THE NOTICE OF COMPLETION: Public
Works. This item was pulled by Mayor Pro Tem Gafin and is listed under Other Business
below
5.CASH CONTRACT NO. 664C – FIRE STATION NO. 1-METAL GATES INSTALLATION
PROJECT: APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE SOLICITATION
FOR BIDS: Public Works. This item was pulled by Mayor Pro Tem Gafin and is listed under
Other Business below,
6.CASH CONTRACT NO. 680 – RIO HONDO GOLF COURSE LIGHTING PROJECT:
APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE SOLICITATION FOR BIDS:
Public Works. This item was pulled by Council Member Guerra and is listed under Other
Business below.
9.APPROVE NAMING OF THE DRIVEWAY SERVING DOWNEY HIGH SCHOOL LOCATED
ON FIRESTONE BOULEVARD AS CHARACTER COUNTS DRIVE: public Works. This
item was pulled by Council Member Guerra and is listed under Other Business below.
CITY COUNCIL CONSENT CALENDAR:
It was moved by Council Member Vasquez, seconded by Mayor Pro Tem Gafin and carried
4-0, to approve the remainder of the Consent Calendar Items as presented, noting the absence
of Council Member Marquez and the abstention of Mayor Brossmer on Item 13, as he will serve in
that capacity and will receive a stipend.
1.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings November 22,
201 1 : City Clerk.
2.APPROVED WARRANTS ISSUED: Warrant Nos. 263686 – 264136: Wire Nos. 30002534 –
30002553 and 816 – 823; Cashier Check Nos. 2 – 3, in the total amount of $6,704,470.92:
Finance
3.CASH CONTRACT NO. S.S. 590 – PARAMOUNT BOULEVARD FIBEROPTIC
COMMUNICATION SYSTEM. PHASE 1 PROJECT: AUTHORIZED CONTRACT CHANGE
ORDER FOR REVISED TRAFFIC SIGNAL UPGRADE AND NEW CURB RAMPS; AND
APPROPRIATED $79,260 FROM PROP C FUNDS: Public Works.
7.APPROVED AMENDMENT TO AGREEMENT WITH APA ENGINEERING, INC. FOR
PARAMOUNT BOULEVARD AT FIRESTONE BOULEVARD INTERSECTION
IMPROVEMENT PROJECT; AND APPROVED CHANGE ORDER IN THE AMOUNT OF
$63,143 TO REVISE THE DESIGN FOR THE PROJECT: Public Works.
8.APPROVED RENEWAL OF AGREEMENT WITH AMERICAN RED CROSS FOR
EMERGENCY SHELTER AND DISASTER SERVICES: Police.
10.ADOPTED RESOLUTION NO. 11-7304, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AUTHORIZING THE DESTRUCTION OF CERTAIN OBSOLETE CITY
MANAGER DEPARTMENT RECORDS: City Manager.
City Council Minutes 12/1 3/1 1 -3-
11.ADOPTED RESOLUTION NO. 11-7305, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPOINTING STEPHEN CHU TO THE PUBLIC WORKS
COMMITTEE, DISTRICT 3: Mayor Brossmer.
12.REMOVAL/APPOINTMENT TO THE GREEN TASK FORCE AND APPOINTMENT TO THE
LIBRARy ADVISORY BOARD FOR COUNCIL DISTRICT 2: Council Member Guerra.
A. REMOVED LARS CLUTTERHAM FROM THE GREEN TASK FORCE FOR
COUNCIL DISTRICT 2;
B. ADOPTED RESOLUTION NO. 11-7306, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY APPOINTING MARIO MENDOZA TO THE GREEN TASK FORCE
AND BILLY SANDERS TO THE LIBRARY ADVISORY BOARD FOR COUNCIL DISTRICT
2
13.ADOPTED RESOLUTION NO. 11-7307, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPOINTING MAYOR BROSSMER TO THE GREATER LOS
ANGELES COUNTY VECTOR CONTROL DISTRICT FOR A TWO-YEAR TERM:
Administration
Council Member Marquez returned to the dais at 9:31 p.m.
ADMINISTRATIVE REPORTS:
14.APPROVED AGREEMENT WITH GEOSCIENCE SUPPORT SERVICES. INC.. IN THE
AMOUNT OF $746,058 FOR THE DESIGN, INSTALLATION, AND EQUIPPING OF TWO
NEW GROUNDWATER WELLS: Public Works.
Public Works Director Oskoui noted the City’s water system presently delivers 15 million
gallons per day of groundwater to a population of approximately 1 1 1,000 through 20 active wells.
He explained the City does not actively use storage reservoirs and instead uses aquifers within the
central groundwater basin from which it pumps groundwater directly to the taps of its residents. He
noted this groundwater does not presently require any treatment or disinfection process but stated
the recently completed groundwater master plan identified that the water system is aging and is
becoming more susceptible to deficiencies and future potential contaminations. The water system
master plan recommended the need to install three new groundwater wells over the next 15 years,
two of which need to be developed within the next 5 years, to enhance and guarantee the future
water supply needs of the community. The City went through a Request for Proposal (RFP) process
and invited potential qualified engineers and professional consultants in the field of development of
water wells to participate in the process with the results being presented to Council tonight. The firm
recommended by staff is the most qualified to complete the design of the two new water well
systems needed.
Council Member Vasquez asked how many firms received the RFP and what the cost
difference was.
Mr. Oskoui responded that nine firms were sent RFP's and six responded. He advised the
cost range was within 10 to 15 percent, noting qualifications was the deciding factor for the firm
recommended
Council Member Guerra advised he would like to receive cost comparisons of the RFP’s
submitted. He asked where the new wells will be located.
City Council Minutes 12/1 3/1 1 -4-
Mr. Oskoui noted this project was included in the 2011-2012 Budget and advised the wells
will be developed in the northwest and southeast ends of town. He noted they are existing wells
where production levels have diminished and stated the existing wells will be capped
It was moved by Council Member Guerra, seconded by Council Member Vasquez and
unanimously carried to approve staffs recommendation.
15.ADOPTED RESOULUTION NO. 11-7308, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY AUTHORIZING A RESOLUTION OF INTENTION TO APPROVE
AN AMENDMENT TO CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF
DOWNEY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES’ RETIREMENT SYSTEM (2% @ 60 Second Tier Retirement Formula for
Local Miscellaneous Member New Hires): Administration.
Human Resources Director Youssefieh noted the adoption of the Resolution of Intention is
the first step in the process to amend the California Public Employees Retirement System
(CaIPERS) contract the City currently has in place, stating the amendment adds the 2% @ 60
second tier retirement formula for miscellaneous employees hired on or after the effective date of the
contract amendment. She noted the City has one retirement contract with CaIPERS and with the
completion of the negotiation process with the miscellaneous bargaining groups affected by this
amendment, the City is now able to proceed with the contract amendment. To complete the process
an Ordinance adopted by the Council is required, with at least 20 days between adoption of the
Resolution of Intention and adoption of the Ordinance. She noted an Ordinance generally becomes
effective 30 days following Council adoption but can become effective sooner if an Urgency
Ordinance is adopted. She explained the City has held off hiring to fill certain full-time positions
pending implementation of the second tier retirement formula and said staff is recommending the
Council adopt an Urgency Ordinance at its next regular meeting on January 10, 2012 so hiring can
begin as soon as January 1 1, 2012. The second tier retirement formula will apply to new hires in
positions classified as executive management, mid-management and confidential exempt. In
addition, all new hires will contribute the 7% member contribution rate. Implementation of the
second tier formula for miscellaneous new hires is a step toward reducing pension costs. She noted
the City can expect decreases in the employer rate as new employees are hired into the second tier.
It was moved by Mayor Pro Tem Gafin, seconded by Council Member Vasquez and carried
4-1, with Council Member Guerra voting no, to adopt the Resolution
OTHER BUSINESS:
CONSENT ITEMS REMOVED CONTINUED:
6.CASH CONTRACT NO. 680 – RIO HONDO GOLF COURSE LIGHTING PROJECT:
APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE SOLICITATION FOR BIDS;
Public Works.
Council Member Guerra requested justification of the depth of the lights and the cost. He
asked if fewer lights could be considered, possibly having them closer to the clubhouse.
Assistant City Manager Livas noted this item was brought forward by Mayor Pro Tem Gafin
and advised the idea behind the 1,000 feet was to create depth for people in the banquet rooms to
see out into the golf course in the evening. He noted a consultant reviewed the aesthetics.
City Council Minutes 12/13/1 1 -5-
Mayor Pro Tem Gafin advised his request was based upon a number of comments from
citizens who advised they could not enjoy the scenery in the evening. He mentioned visiting the site
several times with Community Services Director Phillips and the consultant where they tried lights on
various trees to determine which trees were best for the aesthetics and picked certain trees with
staggering heights. He noted the front trees were not utilized because a bright light close up does
not allow people to see past that area. He noted all banquet rooms have sheer windows that look
out to the golf course and he felt this was a reinvestment into a City asset.
Council Member Vasquez asked if the consultant did a photometric study.
Public Works Director Oskoui advised that the consultant was a landscape architect and the
1.000 foot distance was intended to provide depth to people utilizing the balcony and the banquet
rooms. He said there are five sets of trees and a photometric study was done to determine the type
of light fixture that works best, stating each light would have three subterranean flush mounted
fixtures
Council Member Marquez asked how staff came to the $50,000 estimate
Public Works Director Oskoui noted as part of the design process the City required the
professionals to provide three components, plans, specifications and cost estimates. The $50,000 is
an estimate of the potential bid to be received. He noted the City has not started the formal bid
process. Recently, bids are coming about 10 to 15 percent lower due to the competitive nature of
the market. The bid estimate is based on four major components which are: tapping into an existing
panel, getting a subpanel, approximately 1 ,500 linear feet of conduits and wires, and the actual light
fixtures
It was moved by Council Member Marquez, seconded by Mayor Pro Tem Gafin, and carried
4-1, with Council Member Guerra voting no, to approve Staffs recommendation.
PRESENTATIONS CONTINUED:
Mayor Brossmer presented a City Tile plaque to Mark Sauter, Emergency Services Manager
in recognition of 32 years of outstanding service to the City.
Mr. Sauter thanked the Council and community for allowing him to work for the City since
1979
CONSENT ITEMS REMOVED CONTINUED:
9.APPROVED NAMING OF THE DRIVEWAY SERVING DOWNEY HIGH SCHOOL
LOCATED ON FIRESTONE BOULEVARD AS CHARACTER COUNTS DRIVE: Public
Works
Mayor Brossmer excused himself from the dais at 10:00 p.m. noting he would abstain from
voting on this item due to his employment with the Downey Unified School District. He turned the
meeting over to Mayor Pro Tem Gafin.
Council Member Guerra mentioned the name should be noted as Character Counts Court
and explained that Dr. Wendy Doty, Superintendent of the Downey Unified School District requested
this sign be installed at the entrance to the School District offices and the previously installed
sign, Respect Road, be moved to the driveway serving Downey High School on Firestone
Boulevard
City Council Minutes 12/1 3/1 1 -6-
It was moved by Council Member Guerra, seconded by Council Member Vasquez and
unanimously carried 4-0, noting the abstention of Mayor Brossmer, to change Character Counts
Drive to Character Counts Court and place the sign at the entrance to the Downey Unified
School District offices and move the previously installed sign, Respect Road, to the
Firestone Boulevard driveway serving Downey High School.
Mayor Brossmer returned to the dais at 10:02 p.m.
4.CASH CONTRACT NO. S.S. 633 – SLURRY SEAL PROJECT AREA “B” & REMAINDER
OF AREA “A”: ACCEPTED IMPROVEMENTS AND FINAL CONTRACT AMOUNT OF
$269,111.75; AND DIRECTED STAFF TO FILE THE NOTICE OF COMPLETION: Public
Works
Mayor Pro Tem Gafin noted when Area “A“ was previously accepted and staff was ready to
move into Area “B”, the surplus funds left over went back into Area “A“ to cover more streets than
previously planned. He advised there is a large amount of funds left over from Area “B“ and inquired
if staff will go back to Area “B'’ to do more areas that were considered marginal.
Public Works Director Oskoui responded that the reason staff went back to Area “A’' with
surplus funds was due to a high concentration of border line streets. He stated the City does not
have a concentration of those streets in Area “B” and needs to continue projects in Areas “C” and
“D,” with some funds going to projects, such as Firestone Boulevard.
Mayor Pro Tem Gafin said Area “B” has a number of streets that have substructure problems
and a number with minor surface cracks where previous slurry seal has worn off. He said he has a
concern that the surplus funds, almost $200,000, are needed in Area “B.”
Mr. Oskoui stated staff will be ready for a new budget for Area "C” in June or July and can go
back to Area “B” at that time and add any streets that might need repair,
It was moved by Mayor Pro Tem Gafin, seconded by Council Member Vasquez and
unanimously carried to accept completion of Cash Contract S.S. 633, with the amendment that
Area “B“ is re-evaluated after the winter season to ensure no other areas need slurry seal before
moving forward to Area “C.”
5.CASH CONTRACT NO. 664C – FIRE STATION NO. 1-METAL GATES INSTALLATION
PROJECT: APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED
SOLICITATION FOR BIDS: Public Works.
Mayor Pro Tem Gafin asked why the fence is so costly and also asked what the height will
be.
Public Works Director Oskoui explained the fence consists of two 25 foot sections plus a 4
foot metal gate, which needs to be assembled and consists of electrical work and mechanical
systems. He noted it is expensive to operate this type of heavy gate and will include electrical
panels and bringing electrical components into the building with activation switches. He advised the
height of the fence is 7 feet 4 inches. He stated the amount noted is an estimate and the City will go
through the normal bid process.
Council Member Marquez felt the $801000 estimate was high and suggested a ceiling of
$50,000 or less and bringing the item back if all bids come in above that amount.
Assistant City Manager Livas noted this expenditure is already approved in the budget. If
bids come in at an amount not considered favorable, Council can reject the bids received.
City Council Minutes 12/1 3/1 1 -7-
Mr. Oskoui said the $80,000 includes a 15 percent contingency price for design and
inspection. It also requires a 30 feet by 10 feet concrete slab, 12 inches deep, that must be
constructed.
It was moved by Mayor Brossmer, seconded by Council Member Marquez and unanimously
carried to approve staffs recommendation and return to Council with the project
specifications.
STAFF MEMBER COMMENTS:
Assistant City Manager Livas thanked Community Services Director Phillips and Emergency
Services Manager Sauter for their hard work for the City and wished them a wonderful retirement;
announced that Public Works Director John Oskoui will become the Assistant City Manager as of
January 3, 2012 and looked forward to working with him; and congratulated Mayor Brossmer on his
election as Mayor.
ADJOURNMENT:
The meeting adjourned at 10:16 p.m. to 6:30 p.m., January 10, 2012
fAqIF , Jl~L‘
ADRIA M. JlilUIENEZ, CMC
City Clerk
Ro–dER BROSSMER Mayor
City Council Minutes 12/1 3/1 1