HomeMy WebLinkAboutMinutes - 02-28-12 Regular Meeting MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
FEBRUARY 28, 2012
The City Council of the City of Downey held a Regular Meeting at 6:30 p.m., February 28,
2012, 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 Mayor
David R. Gafin Mayor Pro Tem
Mario A. Guerra
Luis H. Marquez
Fernando Vasquez
ALSO PRESENT: Gilbert Livas, City Manager
John Oskoui, Assistant City Manager /City Treasurer
Yvette M. Abich Garcia, City Attorney
Adria M. Jimenez, City Clerk
Shannon DeLong, Assistant to the City Manager
Lonnie Croom, Fire Chief
Rick Esteves, Chief of Police
John Michicoff, Finance Director
Brian Saeki, Community Development Director
Arlene Salazar, Interim Community Services Director
Gladys Chavez, Secretary
Other City Staff
APPROVED CLOSED SESSION MINUTES: February 14, 2012.
It was moved by Mayor Pro Tem Gafin, seconded by Council Member Vasquez and
unanimously carried to approve the Closed Session Minutes from February 14, 2012.
RECESSED TO CLOSED SESSION:
Mayor Brossmer announced the Council 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: Gilbert
Livas /Brian Saeki re: property at 11002 & 11012 Downey Avenue; negotiating party: Steve
Aptaker; under negotiations: price and terms of payment.
2. Government Code Section 54956.9(a) - Existing Litigation: City of Downey, et al. v. State of
California, et al., Sacramento Superior Court, Case No. 34- 2011- 80000952.
3. Government Code Section 54956.9(b)(3)(A) - Conference with legal counsel - anticipated
litigation. Significant exposure to litigation — one potential case.
4. Government Code Section 54956.9(b)(3)(A) - Conference with legal counsel - anticipated
litigation. Significant exposure to litigation — one potential case.
City Council Minutes — March 28, 2012 1
5. Government Code Section 54956.9(a) - Existing Litigation:
a. City of Downey, et al. v. WRD, et al., Los Angeles Superior Court Case No. BS128136;
b. Central and West Basin Replenishment Dist. v. Adams, et al. (LASC Case No. C786656);
c. WRD, et al. v. Cerritos, et al. (Court of Appeal Case No. B226743);
d. California Water Service Co. v. Golden State Water Co. (LASC Case No. C506806);
e. Hillside Memorial Park & Mortuary Co. v. Golden State Water Co. (Court of Appeal Case No.
B225058; Supreme Court Case No. S197767
RECONVENED:
The meeting reconvened in Open Session at 7:37 p.m. with all Council Members present. City
Attorney Abich Garcia announced Council Member Guerra abstained from participation on Item #1 and
left the conference room. She stated in regards to Items #1 and #2, the City Council gave direction to its
negotiators but no formal action was taken. Regarding Item #3, the City Council received an update but
took no formal action.
The Invocation was delivered by Pastor Glenn Kravig of Calvary Chapel of Downey. The Flag
Salute was led by the Downey Neighborhood Girl Scouts.
RECESSED /RECONVENED:
Mayor Brossemer recessed the regular City Council Meeting to hold the Regular Community
Development Commission Housing Successor Meeting at 7:35 p.m.
Mayor Brossmer reconvened the Regular City Council Meeting at 7:38 p.m. with all Council ,.._.
Members present.
1 •
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND
CONFERENCE /MEETING REPORTS:
Council Member Guerra reported attending the Opening Day of the Downey Girls Ponytail Softball
Association and Northwest Downey Little League at Independence Park; attended the Library Gypsy
Johnson Auxiliary of the Assistance League Day of Reader event where school books were handed out
to children under the 5th grade; attended the 103rd and the 104th neighborhood watch meetings;
attended the Los Angeles County Board of Education's 3rd Annual Gangs Symposium; attended the
opening of the new CAT Lab at the Downey Regional Medical Center; requested a budget subcommittee
be scheduled; requested the My Downey App be expanded to include bulk item trash pick up and service
request for street lights that are out; mentioned the opening of the in door batting cages by resident Sam
Torres and attended the Grand Opening of Papas and Dogs and Massage Envy.
Council Member Vasquez reported attending the International Council Shopping Center
Conference in Los Angeles for Hispanic communities and attended workshops on Economic
Development Environment without Redevelopment, and Retail Opportunities in the Hispanic Market;
attended the neighborhood watch meeting where challenges in the apartment community were
discussed; attended the Kiwanis youth club event; reported attending the Opening Day of the Northwest
Downey Little League at Independence Park; attended the opening of the new CAT Lab at the Downey
Regional Medical Center and advised that the children's clinic may be coming to Downey to support the
True Lasting Connections Family Resource Center (TLC) efforts.
Council Member Marquez reported attending the Opening Day of the Northwest Downey Little
League at Independence Park and the Girls Ponytail Softball Association; he thanked the parents,
coaches and other members of the community that volunteer their time to these organizations.
City Council Minutes - March 28, 2012 2
Mayor Pro Tem Gafin recognized Patty Coates President -Elect of the Downey Chamber of
Commerce, who was in the audience; Council Member Gafin reported, that the Chamber of Commerce
Street Faire Parade Committee has met with City staff and discussed the concerns the City has
regarding the street fair and expressed those concerns to the committee. He stated they considered and
adopted some concerns and he will be meeting with Community Development Director Saeki to address
the concerns.
Mayor Brossmer reported attending the True Lasting Connections Family Resource Center (TLC)
luncheon and advised that the Gangs out of Downey (G.O.O.D.) luncheon is coming up; mentioned that
Warren High School won the California Interscholastic Federation in boys wrestling and girls water polo;
attended the ribbon cutting for Papas and Dogs; attended the Downey Unified School Board meeting
where the Downey Police Department was recognized for their collaboration with the school district;
attended the ribbon cutting for Last Call Ministry; advised the City is working with Calvary Chapel who will
fully sponsor the firework show this year in partnership with the Downey Unified School District to be held
at Downey High School, and he reported attending the Grand Opening of Massage Envy.
PRESENTATIONS:
Mayor Brossmer presented a Proclamation to Marsha Chavez in recognition of the 100th
Anniversary of the Girl Scouts of the United States and proclaimed the week of March 11 —17, 2012 as
Girl Scout Week.
Mayor Brossmer presented a certificate to former Mayor /Council Member Kirk Cartozian in memory
of his aunt Marian Perumean, a longtime Downey resident. Mr. Cartozian thanked the Council for
adjourning the meeting in her memory.
PUBLIC HEARINGS:
1. 2012 -2013 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT
PARTNERSHIP PROGRAMS: Community Development.
Mayor Brossmer opened the Public Hearing at 7:58 p.m., City Clerk Jimenez affirmed receipt of the
Proof of Publication. It was moved by Mayor Pro Tem Gafin, seconded by Council Member Guerra and
so ordered by Mayor Brossmer to receive and file. City Clerk Jimenez noted there was no
correspondence received.
Economic Development Manager Velasco provided information regarding the Federal funds the
City receives each year, the Community Development Block Grant (CDBG) and the Home Investment
Partnership Funds. He explained each year as part of the application process for the grants, the City is
required to include public participation, which involves two public hearings. Mr. Velasco advised that the
City has received its allocation for next year with a major reduction in funds, totaling in excess of
$600,000. This equates to 22% less funding in the CDBG allocation and 50% less funding in Federal
Home Partnership allocation. These funds were previously used for code enforcement, housing
rehabilitation activities, public service activities and public improvement projects. It was requested that
City Council open the public hearing for comments and see if the City can incorporate suggestions
received into the plan. Mr. Velasco advised that after the first Council Meeting in May, a public hearing
will be scheduled for approval of the received plan.
Council Member Guerra asked what is the criteria to determine who qualifies as a low to moderate
income family.
Economic Development Manager Velasco advised that an income scale is used to determine low to
moderate income families.
City Council Minutes — March 28, 2012 3
Council Member Guerra confirmed that $1 million was spent on the CDBG programs and $350,000
in Home Funds. He asked what are the funds being spent on now and what direction is sought from the
Council.
Economic Development Manager Velasco advised the funds are spent on housing rehabilitation
activities, support code enforcement programs, 50% is for public service activities and less than 20%
goes to general administration. This year's payments were made on loans the City took out to fund
Capital Improvement Projects.
Council Member Guerra requested a list of how the City spent the $1.4 million in order to be able to
provide direction of how to spend the funds in the future.
Economic Development Manager Velasco stated he will forward a report to the City Council that
shows where the funds were allocated as of June 30, 2011. He advised that May 15, 2012 is the
application deadline.
City Manager Livas stated that staff will bring back to Council a breakdown of the allocation of
funds.
Economic Development Manager Velasco advised that in order to be in compliance with the
Federal Rule, the City must first hold a public hearing and take no action. This gives the public an
opportunity to provide feedback before City staff makes any decisions.
Council Member Vasquez asked what is the national reduction trend.
Economic Development Manager Velasco advised the national reduction trend is 22% Community
Development Block Grant (CDBG) and 50% home improvement funds.
Mayor Brossmer opened the public hearing. Having no one come forward, Mayor Brossmer closed
the Public Hearing.
It was moved by Mayor Pro Tem Gafin and seconded by Council Member Vasquez and
unanimously carried to close the Public Hearing.
Mayor Brossmer advised the City was only soliciting public input and will return to this item at a later
date.
It was moved by Council Member Guerra, seconded by Mayor Pro Tem Gafin and unanimously
carried to receive and file.
NON - AGENDA PUBLIC COMMENT:
The following people spoke regarding the recent officer involved shooting:
Terry Ramirez
Jean Thaxton
Lauren Castivas
Sister of Michael Nida (no name provided)
Deborah (no last name provided)
Mariah Teramura
Lema Harris
Susan (no last name provided)
Damien Ramirez
Ben Coutae
City Council Minutes — March 28, 2012 4
CONSENT CALENDAR ITEMS REMOVED:
2. APPROVE CITY COUNCIL MINUTES: Regular Meeting of February 14, 2012:
This item was pulled at the request of Council Member Guerra and is listed under Other Business
4. CASH CONTRACT NO. 681 — TREASURE ISLAND PARK IMPROVEMENT PROJECT:
APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE SOLICITATION FOR BIDS: Public
Works. This item was pulled at the request of Council Member Guerra and is listed under Other
Business.
7. CASH CONTRACT NO. S.S. 614 — FLORENCE AVENUE TRUCK - IMPACTED INTERSECTION
PROJECT - PHASE 2: AWARD CONSTRUCTION CONTRACT TO ALL AMERICAN ASPHALT
IN THE AMOUNT OF $1,172,000, AND EXECUTE AMENDMENT TO THE AGREEMENT WITH
THE GATEWAY CITIES COUNCIL OF GOVERNMENTS: Public Works. This item was pulled at
the request of Council Member Vasquez and is listed under Other Business.
9. APPROVE AGREEMENT WITH WITTMAN ENTERPRISES, LLC, FOR PROFESSIONAL
AMBULANCE BILLING SERVICES: Fire Department. This item was pulled at the request of
Council Member Vasquez and is listed under Other Business.
11. APPROVE CLOSEOUT OF THE GROUND LEASE WITH CHAMPION DODGE INC. FOR 9715
FIRESTONE BOULEVARD: Community Development. This item was pulled at the request of
Council Member Vasquez and is listed under Other Business.
-- CITY COUNCIL CONSENT CALENDAR:
Council Member Vasquez announced he would be abstaining from Item # 6 because his home is
within 500' of the proposed Vehicle Speed Feedback Sign Project; Item #10 due to previous employment
history and Item #12.
Council Member Gafin announced he would be abstaining from Item # 6 because his home is
within 500' of the proposed Vehicle Speed Feedback Sign Project.
It was moved by Mayor Pro Tem Gafin, seconded by Council Member Guerra to approve the
remainder of the Consent Calendar.
3. APPROVED WARRANTS ISSUED: Warrant Nos. 265644 — 266022; Wire Nos. 30002593 —
30002602 and 853 — 858, in the total amount of $4,097,077.58: Finance.
5. CASH CONTRACT NO. 682A — COLUMBIA MEMORIAL SPACE CENTER SHADE STRUCTURE
PROJECT: APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION
FOR BIDS: Public Works.
6. CASH CONTRACT NO. S.S. 611 — VEHICLE SPEED FEEDBACK SIGNS PROJECT:
AWARDED CONSTRUCTION CONTRACT TO PELAGIC ENGINEERING IN THE AMOUNT OF
$180,860: Public Works.
8. CASH CONTRACT NO. S.S. 620 — ANNUAL MISCELLANEOUS CONCRETE CONSTRUCTION
AND REPAIR: ACCEPTED IMPROVEMENTS AND FINAL CONTRACT AMOUNT OF
$231,119.75 AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF
COMPLETION: Public Works.
City Council Minutes — March 28, 2012 5
10. APPROVED ACQUISITION IMPLEMENTATION AGREEMENT WITH THE CITY OF DOWNEY
AND HOUSING PARTNERS, LP FOR THE CITY OWNED PROPERTY LOCATED AT 8310 2
STREET: Community Development.
12. APPROVED CLOSEOUT OF THE GROUND LEASE WITH CHAMPION DODGE INC. FOR 9715
FIRESTONE BOULEVARD: Community Development.
13. APPROVED RECOGNIZED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE AS
SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT COMPONENT OF THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY: Community
Development.
14. OVERSIGHT BOARD SELECTIONS: Community Development.
OTHER BUSINESS:
2. APPROVE CITY COUNCIL MINUTES: Regular Meeting of February 14, 2012:
Council Member Guerra requested the Minutes reflect his attendance at the Independent Cities
Association Conference and attended workshops on Redevelopment and Medical Marijuana
Dispensaries. He would like the record to reflect that he left the Council Chambers when abstaining from
Item # 11 - Downey Regional Medical Center.
Council Member Vasquez advised that he did not attend the Independent Cities Association
Conference, and requested this correction be made.
Council Member Marquez advised that he did not attend the Independent Cities Association
Conference, and requested this correction be made.
It was moved by Council Member Guerra, seconded Council Member Gafin and unanimously
carried to approve the Minutes of February 14, 2012, as amended.
4. CASH CONTRACT NO. 681 — TREASURE ISLAND PARK IMPROVEMENT PROJECT:
APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE SOLICITATION FOR BIDS: Public
Works.
Council Member Guerra requested a breakdown of the funding.
Assistant City Manager Oskoui explained the project and grant was approved for $500,000 in 2008
by the City Council. The grant required a 20% match which $100,000 was approved by the City Council.
Once the design was completed by the architect there was a cost increase of $109,000.
Council Member Guerra asked how the City got to $609,000 and was it prioritized.
Assistant City Manager Oskoui explained that the City did prioritize. He stated if the $400,000 was
not spent on Treasure Island by June, the money would be lost. He explained that the City has been
aggressive and has asked for additional funding for other parks.
Mayor Brossmer asked if the City has been allocating funds through Measure R for other projects,
why have the projects not been completed.
Assistant City Manager Oskoui explained that Measure R funding has restrictions. Money set aside
was designated primarily for constructing sidewalks. A walk way around Apollo Park or Furman Park
would not be possible for $160,000. The City has asked for additional funds and filed applications to pull
more money to do the types of projects that City Council envisions.
City Council Minutes — March 28, 2012 6
Council Member Guerra asked why is it in the budget if the City can not complete the project.
r--,
City Manager Livas advised that the City earmarked a portion of the money. Staff needs to do a
better job when presenting the budget; if the City has an item it should be fully funded.
Mayor Brossmer clarified that the City identified $400,000 received from the grant, which was
matched for a total of $500,000. He asked what the funding source is for the additional $109, 000.
Assistant City Manager Oskoui explained that $39,000 will come from the Water Fund and the
Recycling Fund and $70,000 from the General Fund.
Mayor Brossmer asked if the City were to reduce the allocation by $70,000 what implications does
it have for us to receive the $400,000 grant.
Assistant to the City Manager DeLong explained if the City goes back to the State with a reduction
in the scope of the project, the City will risk loosing the funds, not only because we have to accomplish
the project by our deadline of summer, but also because of the many other agencies who are requesting
this money.
Mayor Brossmer acknowledged that if we took the $70,000 out of our proposal it could potentially
jeopardize the $400,000 that we received in the funds.
Assistant City Manager Oskoui said it was premature to address the $609,000 because it is just an
estimate. He stated the City is seeking bids; it is possible the bids will be below the cost estimate. This
can be further discussed at that time.
Council Member Marquez noticed that projects always have estimates. He stated the City has a
commitment to the Treasure Island community. He stated he is comfortable moving forward and hopeful
that the bids come back low.
Council Member Vasquez wanted clarification on "providing security ".
Assistant City Manager Oskoui explained that installing new lighting would provide security.
It was moved by Council Member Marquez, seconded by Council Member Guerra and unanimously
carried to approve staffs recommendation.
7. CASH CONTRACT NO. S.S. 614 — FLORENCE AVENUE TRUCK - IMPACTED INTERSECTION
PROJECT - PHASE 2: AWARD CONSTRUCTION CONTRACT TO ALL AMERICAN ASPHALT
IN THE AMOUNT OF $1,172,000, AND EXECUTE AMENDMENT TO THE AGREEMENT WITH
THE GATEWAY CITIES COUNCIL OF GOVERNMENTS: Public Works.
Council Member Vasquez asked what penalties will be incurred if the project is delayed.
Assistant City Manager Oskoui said he believes there is a fine of $650 a day. He advised sufficient
safeguards are in place so contractors complete the work in a timely manner.
It was moved by Council Member Vasquez, seconded by Mayor Pro Tem Gafin and unanimously
►---• carried to approve staffs recommendation.
City Council Minutes — March 28, 2012 7
9. APPROVE AGREEMENT WITH WITTMAN ENTERPRISES, LLC, FOR PROFESSIONAL
AMBULANCE BILLING SERVICES: Fire Department.
Council Member Vasquez requested clarification on the scope of the contract.
Fire Chief Croom clarified that it is an agreement not a contract. The City will continue to use their
service and they will continue to receive 5.9% of the revenue. It will be an ongoing agreement on an
annual basis.
Council Member Guerra complimented the Fire Department and Fire Chief Croom for the great job
they have done with this agreement and for the money it generates for the City.
It was moved by Council Member Vasquez, seconded by Mayor Pro Tem Gafin and unanimously
carried to approve staffs recommendation.
11. APPROVE CLOSEOUT OF THE GROUND LEASE WITH CHAMPION DODGE INC. FOR 9715
FIRESTONE BOULEVARD: Community Development.
Council Member Vasquez asked if the City conducted a study on the environmental impacts of
electronic billboards.
Community Development Director Saeki stated he is requesting to approve deal points with this
third party vendor that has an exclusive contract with Metropolitan Transit Authority (MTA) to do these
electronic boards. If approved by City Council he will process a conditional use permit and variance for
the billboard and as part of that process a very detailed environmental analysis will be prepared which
will include visual and traffic impacts and other physical items that come along as part of the California -�
Environmental Quality Act.
Mayor Pro Tem Gafin expressed concern about the intensity of the light. He would like to make
sure the City has safe guards and guidelines in place in case this becomes an issue with the residents.
Community Development Director Saeki assured Council that great effort will go into notifying the
public. Approval of Electronic Billboards will be a case -by -case basis and the conditional use permit
allows the Planning Commission to impose conditions upon the project in the event of complaints from
residents.
Council Member Marquez asked if the City can generate revenue from the billboard and asked if
the City can have a plan in place to dim the light and can the billboard be located in the outskirts of
Downey.
City Manger Livas said that as an additional safeguard, in the operating agreement, the City could
add language protecting the City in terms of the brightness of the sign or displaying City announcements.
It was moved by Council Member Marquez, seconded by Council Member Vasquez and
unanimously carried to approve staffs recommendation.
ADMINISTRATIVE REPORTS: None.
City Council Minutes — March 28, 2012 8
STAFF MEMBER COMMENTS:
City Manager Livas thanked Fire Chief Croom and Community Development Director Saeki for their
effort in finding ways to raise revenue for the City.
ADJOURNMENT:
The meeting adjourned at 9:37 p.m. to March 13, 2012 in Memory of Marian Perumean, a longtime
Downey resident and Aunt of former Mayor /Council Member Kirk Cartozian; and Nini Horn wife, of former
Congressman Steve Horn.
ADRIA M. JIMEN Z, C C ROGE' B SSMER, Mayor
City Clerk
City Council Minutes — March 28, 2012 9