HomeMy WebLinkAboutMinutes - 03-27-12 Regular Meeting MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
MARCH 27, 2012
The City Council of the City of Downey held a Regular Meeting at 7:30 p.m., March 27,
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
Rich 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
The Invocation was delivered by Pastor Don Metcalf, Desert Reign Church. The Flag Salute was
led by Cub Scout Troop 805.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND
CONFERENCE /MEETING REPORTS:
Council Member Guerra reported attending the Eagle Scout Ceremony at United Methodist
Church; attended the 106 and 107 Neighborhood Watch Meetings; reported attending the Youth
Committee Meeting at Apollo Park; attended the ground breaking event for the Florence Avenue Truck
Impacted Intersection Project near Studebaker Road; reported on the Character Count Street signs
dedication with the Downey Unified School District; attended a preview of Mayor Brossmers State of
the City Address at the Downey Rotary Club; attended the performance of "Defending the Caveman"
at the Downey Civic Theater; requested staff review Building and Fire Codes; and, reported
participating in the Arc Walk of Los Angeles and Orange Counties.
Council Member Marquez announced the birth of his daughter, Isabella Marquez.
Mayor Pro Tem Gafin congratulated Council Member Marquez on the birth of his daughter.
Mayor Brossmer reported attending the Woman of the Year Assembly Celebration and
announced Kelly Shandrow of Downey was a recipient of the award; recognized Board Member
Martha Sodetani of the Downey Unified School District who was in attendance; thanked staff for the
Florence Avenue Truck Impacted Intersection Project groundbreaking event; reported that the
Columbia Memorial Space Center hosted Rona Ramon, wife of Columbia astronaut Ilan Ramon, and,
Julie McCool, wife of Columbia astronaut William Cameron McCool; advised that the (American
City Council Minutes — March 27, 2012 1
Cancer Society) Relay for Life event will be held June 2 and 3, 2012; reported participating in the Arc
Walk of Los Angeles and Orange Counties; participated in the Rio Hondo Career Day where he talked
about his job as Mayor; attended the Contract Cities Association meeting at the Learning Center
hosted by Raytheon, and participated in the Mayors for Meals 2012 event.
PRESENTATIONS:
Mayor Brossmer presented Certificates of Appreciation to local Food Banks: Downey First
Christian Church, Pastor Dave Smith; Moravian Church, Pastor Christie Melby- Gibbons; Downey
Council PTA H.E.L.P.S., Chair Beth Gendreau; Salvation Army, Huntington Park, Captain Maria
Ramirez & Kimberly Rodriguez and Calvary Chapel of Downey, Pastor Glenn Kravig.
PUBLIC HEARINGS: None.
NON - AGENDA PUBLIC COMMENT:
Greta Campbell, resident, spoke about the intolerance of Lesbians, Gays, Bisexual and
Transgender (LGBT) people.
James Roybal, Pico Water District Vice President, introduced himself and advised he is a
candidate for the Central Basin Municipal Water District election in June.
Maria Ramirez, Huntington Park Salvation Army spoke about the need of Downey residents and
requested City grants.
Chuck Hannah, resident, spoke about residents on Birch Street not removing their trash cans in —
time for the street sweeper, impeding proper cleaning of the street. He requested that Code
Enforcement look into his concerns.
Andrew Wahlquist, Downey Arts Coalition, spoke about improving the arts and culture scene in
the City and provided information on the upcoming "Art on the Vine" event.
John Lacey complimented the City Council for honoring war veterans and spoke about the
unfunded pension liability.
The following people spoke regarding the recent officer involved shooting:
Jean Thaxton
Lauren Bastidas
Sister of Michael Nida (no name provided)
Damien Ramirez
CONSENT CALENDAR ITEMS REMOVED: None.
CITY COUNCIL CONSENT CALENDAR:
It was moved by Mayor Brossmer, seconded by Council Member Guerra, with Council Member
Vasquez abstaining from Item No. 7, and Mayor Pro Tem Gafin voting no on Item No. 8, to approve
the Consent Calendar.
1. APPROVED CITY COUNCIL MINUTES: Regular and Special Meeting of February 28,
2012: City Clerk.
2. APPROVED WARRANTS ISSUED: Warrant Nos. 266232 - 266675; Wire Nos. 30002613 -
30002622, and 864 - 868, in the total amount of $4,103,913.34: Finance.
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3. CASH CONTRACT NO. 632 -3A — LAKEWOOD BOULEVARD IMPROVEMENT PROJECT
PHASE 3A — FIFTH STREET /CECILIA STREET TO FLORENCE AVENUE: APPROVED
THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $3,547,058.35, DIRECTED THE
PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF COMPLETION, AND APPROVED
$1,936,641.17 IN CARRY - FORWARD APPROPRIATIONS: Public Works.
4. APPROVED PROFESSIONAL SERVICES AGREEMENT BETWEEN JAMES T. RUSSELL,
SCULPTURE AND THE CITY OF DOWNEY FOR THE DESIGN, FABRICATION, AND
INSTALLATION OF THE VETERAN'S MEMORIAL, AND APPROPRIATED $300,000
FROM THE ART IN PUBLIC PLACES FUND: Community Development.
5. APPROVED SPECIAL SERVICES AGREEMENT BETWEEN THE CITY OF DOWNEY AND
LIEBERT, CASSIDY WHITMORE: Police.
6. APPROVED AGREEMENT BETWEEN DAVID GEFFEN SCHOOL OF MEDICINE AT
UCLA, CENTER FOR PREHOSPITAL CARE AND THE CITY OF DOWNEY FOR
PREHOSPITAL CARE, PARAMEDIC EDUCATION PROGRAM: Fire.
7. ADOPTED RESOLUTION NO. 12 -7328, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING A RATE ADJUSTMENT FOR SOLID WASTE SERVICES
PROVIDED BY CALMET SERVICES TO RESIDENTIAL AND COMMERCIAL
CUSTOMERS AND APPROVED THE SECOND AMENDMENT TO THE SOLID WASTE
HANDLING SERVICES AGREEMENT: Public Works.
8. ADOPTED ORDINANCE NO. 12 -1301, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AMENDING SECTIONS 8950 AND 8980 OF ARTICLE VIII, CHAPTER
10 OF THE CITY OF DOWNEY MUNICIPAL CODE REGULATING ART IN PUBLIC
PLACES: Community Development.
ADMINISTRATIVE REPORTS
9. APPROVED AGREEMENT FOR STATE LEGISLATIVE ADVOCACY SERVICES:
Administration.
Assistant to the City Manager DeLong reported that staff sent out a Request for Proposal (RFP)
for State Legislative Advocacy Services to seven advocacy firms. Staff is proposing a 27 month term
for the contract commencing April 2012 and terminating with the close of the fiscal year 2014.
Tony Rice, Rice Englander & Associates, submitted a proposal. Mr. Rice presented Council with
information on his firm and their experience in governmental advocacy.
Richard H. Lehman, Lehman, Levi, Pappas & Sadler, submitted a proposal and spoke about their
firm and experience with the State and Congressional Legislature.
City Manager Livas advised that he has worked with both firms and they are both outstanding.
Council Member Guerra advised that he favored Rice Englander & Associates and stated that the
City's current firm only had two City clients. Council Member Guerra mentioned he did a reference
check on Rice Englander & Associates and received positive feedback. He stated moving forward and
looking into the future, Lehman, Levi, Pappas & Sadler only services two cities that have water or land
issues and asked who would represent the City as a municipality. Council Member Guerra clarified
that he has no business relationship with Mr. Rice or his firm.
City Council Minutes - March 27, 2012 3
Council Member Marquez thanked both Mr. Rice and Mr. Lehman for attending tonight's meeting.
He mentioned that Lehman, Levi, Pappas & Sadler have been professional and has provided excellent
service. He stated he respects both firms; however, Lehman, Levi, Pappas & Sadler has been with the
City for 15 years and they specialize in grant monitoring and grant writing. The City has received many
grants because of their efforts.
Council Member Vasquez thanked Mr. Rice and Mr. Lehman for submitting proposals and said
both firms are well respected and qualified. He stated Lehman, Levi, Pappas & Sadler has an
excellent track record and has met the City's needs in the past and have been able to secure a
substantial amount of grant funding.
Mayor Pro Tem Gafin stated both firms are outstanding. The City has been represented very well
by Lehman, Levi, Pappas & Sadler and the City should capitalize on the experience and relationship
the City and the firm have.
Council Member Guerra mentioned that he does not recall what or how many grants the City
received because of Lehman, Levi, Pappas & Sadler and requested this information from staff.
Assistant to the City Manager DeLong advised that the most notable grant was the recent $10
million grant that was awarded to the Gateway Integrated Regional Water Management Authority. The
City received 10% of that grant which helps reduce trash flowing into the Los Angeles River.
Council Member Guerra said although the City has a 15 year relationship with Lehman, Levi,
Pappas & Sadler, he noted no current Council Member was with the City 15 years ago; therefore, who
is the relationship with. He noted Rice Englander & Associates stated in their proposal that the outlook
for the future is realignment, redevelopment and grants; the current firm did not mention grants in their
proposal. Council Member Guerra stated the City is going through change and he would like to know
who will be representing the City as a municipality in the future.
Mayor Brossmer acknowledged that Lehman, Levi, Pappas & Sadler have served the City well
and because the City is an active member of Independent Cities Association (ICA) we should receive
the benefit of Rice Englander & Associates through that organization. He stated if the City stays with
Lehman, Levi, Pappas & Sadler the City will have two great lobbyists operating in Sacramento.
Attorney Abich Garcia requested the Council complete the contract prior to voting, noting: Page 1
where it states, "City of Downey Professional Services Agreement ", that would read, "With Lehman,
Levi, Pappas & Sadler "; Page 1, Paragraph 1, will read, "this agreement is made and entered into this
1 day of April 2012 "; Page 1, fourth line down will read, "City of Downey 11111 Brookshire Avenue,
Downey California 90241" and "Lehman, Levi, Pappas & Sadler limited liability partnership doing
business at 1215 K Street Suite 1010 Sacramento, California 95814 "; Page 2, Paragraphs 3.2.4
Substitution of Key Personnel, will be, "Richard Lehman "; Page 3, Paragraph 3.2.6 Consultant's
Representatives designates will read, "Richard Lehman or his designee "; Page 6 Paragraph 3.3 Fees
and Payments Sub - Paragraph 3.3.1 Compensation, will read, "Consultant shall receive compensation
excluding authorized reimbursements... at the rate set not to exceed $97,200 "; Page 8, Paragraph
3.5.2 Delivery of Notices will read, "Consultants Lehman, Levi, Pappas & Sadler, 1215 K Street, Suite
1010 Sacramento, California, 95814, Phone (916) 441 -5333, Fax (916) 441 -5338, Attention, to:
Richard Lehman "; Page 12, signature block will read, "Lehman, Levi, Pappas & Sadler Limited Liability
Partnership" and will be signed by Mr. Richard Lehman.
It was moved to approve the agreement as revised by Council Member Marquez, seconded by
Mayor Pro Tem Gafin, and approved 4 -1, with Council Member Guerra voting no.
City Council Minutes — March 27, 2012 4
STAFF MEMBER COMMENTS:
Mayor Brossmer announced that it is Council Member Guerra's birthday on Thursday.
The meeting adjourned at 8:55 p.m.
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A RIA M. JIMNEO, CMC ROGER C. BROSSMER, Mayor
City Clerk u "
City Council Minutes — March 27, 2012 5