HomeMy WebLinkAboutMinutes - 10-09-12 Regular Meeting MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
OCTOBER 9, 2012
The City Council of the City of Downey held a Regular Meeting at 7:30 p.m., October 9, 2012, in
the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor
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
Brian Saeki, Community Development Director
Arlene Salazar, Interim Parks & Recreation Director
John Michicoff, Finance Director
Gladys Chavez, Secretary
The Invocation was delivered by Father Mark Warnstedt, Our Lady of Perpetual Help Catholic
Church. The Flag Salute was led by City Attorney Yvette Abich- Garcia.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND
CONFERENCE /MEETING REPORTS
Mayor Pro Tem Gafin reported attending the California Contract Cities Association Conference. He
reported on the workshops he attended, "Emergency Preparedness —Are you Ready for the Big One ?"
"California's Next Generation of Leaders ", "Economic Forecast: Is California's Future Still Golden ? ",
and "Water, Water Everywhere — Equitable Distribution a Must."
Council Member Vasquez reported attending the Kiwanis Club of Downey -Los Amigos Annual
Installation of President Donald Cuevas; reported on the upcoming Grand Opening of the Downey Art
Vibe Gallery, "Stay "; attended the Rancho Los Amigos National Rehabilitation Centers 1st Annual
"Rebuilding Cars, Rebuilding Lives" Car Show; and requested the Police Department continue
addressing illegal street vending especially in City parks.
Council Member Marquez requested code enforcement continue monitoring yard sales to ensure
residents are not exceeding the annual maximum allotment per household per year, and to ensure
items being sold do not violate City regulations.
City Council Regular Meeting
Minutes of October 9, 2012 1
Council Member Guerra reported attending the Downey vs. Warren High School football game and
enjoyed the community coming together to enjoy the game; reported on the upcoming Character
Counts week; reported meeting with the manager of Wal -Mart Neighborhood Market and stated the
market will employ 65 people and is scheduled to open November 7, 2012; reported on an initiative
filed on September 18 that would allow the City Council to disband the Police and Fire Departments
without requiring voter approval from residents. The initiative is titled by the City Attorney, "A Proposed
Charter Amendment to Permit the City to Contract out Fire and Police Protection Services without Voter
Approval." He stated this proposed charter amendment would amend Section 702 requiring the City to
provide fire and police protection services but not with its own employees. It would allow the City
Council to contract with any local agency, and the City Council would no longer be required to obtain a
2/3 advisory vote from Downey citizens prior to entering into a contract with another local agency as
long as three Council Members place it on the ballot. He sated the Fire Association endorsed a
candidate that was fined by the Fair Political Practice Commission (FPPC), was previously investigated
by the District Attorney's Office, and who's current candidate expense statement reflects most
contributions coming from outside of Downey. If elected, this candidate would be the vote needed to
place the measure on the ballot at a cost to the City of over $100,000, would not require voter approval,
and could potentially disband both fire and police. He sated he will continue to fight to keep the Fire and
Police Departments in Downey.
Mayor Brossmer recognized Downey Unified School Board President Nancy Swenson who was in
the audience; reported attending Art on the Vine Art Gallery that was displaying photographs by
J. Arthur Morris; and, mentioned the upcoming Town Hall Meeting on October 17, 2012 at the Barbara
J. Riley Center with speaker Council Member Guerra.
PRESENTATIONS
Mayor Brossmer recognized local Downey service man Lester Francisco Valdivia, as part of the
Military Banner Program.
Mayor Brossmer presented a Proclamation to Nancy Swenson, School Board President for the
Downey Unified School District, and proclaimed October 21 -27, 2012 as Character Counts Week.
PUBLIC HEARINGS: None.
NON - AGENDA PUBLIC COMMENT
Roy Beards, resident and member of the Community Emergency Response Team (CERT), spoke
about the program sponsored by the City and invited the public to the next meeting that will be held on
October 16 at Fire Station 1 at 6 p.m.
Brent Pool, Downey Fire Fighter, stated he would like to see positive change in the City but is
concerned in the direction the City is taking in regards to fire services.
The following people spoke regarding the officer - involved shooting:
Debra (no last name provided)
Jean Thaxton
Damien Ramirez
Steve Davis, President of the Downey Fireman's Association, spoke about his disagreement with
emergency response times in a newsletter published by a Downey Council Member.
City Council Regular Meeting
Minutes of October 9, 2012 2
Council Member Guerra stated that his fire response time statistics came directly from the data
received from the Downey Fire Chief.
Chuck Hanna, resident, spoke about his disappointment in the closing of the Downey Beat news
website and wished the Baeder Family well.
CONSENT CALENDAR ITEMS REMOVED: None.
CITY COUNCIL CONSENT CALENDAR
It was moved by Mayor Pro Tem Gafin, seconded by Council Member Marquez, with Council
Member Vasquez abstaining from Item No. 4, to approve the Consent Calendar.
1. APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings of September 25, 2012:
City Clerk.
2. APPROVED WARRANTS ISSUED: Warrant Nos. 271093 - 271405; Wire Nos. 30002752 —
30002761 and, 950 -959; Cashier Check No.13, in the total amount of $3,883,886.10: Finance.
3. CASH CONTRACT NO. S.S. 638 — SLURRY SEAL PROJECT AREA "C ": AWARDED
CONSTRUCTION CONTRACT IN THE AMOUNT OF $222,290.20 TO AMERICAN ASPHALT
SOUTH, INCORPORATED; AND, APPROPRIATED AN ADDITIONAL AMOUNT OF $43,000
FROM ACCOUNT NO. 26 -16629 (GAS TAX FUND): Public Works.
4. CASH CONTRACT NO. S.S. 619 — WOODRUFF AVENUE AT WASHBURN ROAD TRAFFIC
SIGNAL UPGRADE: AWARDED CASH CONTRACT IN THE AMOUNT OF $153,888 TO
CALIFORNIA PROFESSIONAL ENGINEERING, INCORPORATED; AND, APPROPRIATED AN
ADDITIONAL AMOUNT OF $48,000 FROM THE GAS TAX FUND: Public Works.
5. APPROVED CONSULTING AGREEMENTS FOR PROFESSIONAL SERVICES RELATING TO
BOND REFINANCING: Finance.
6. APPROVED A THREE -YEAR AGREEMENT BETWEEN SIRSIDYNIX AND THE CITY OF
DOWNEY FOR WEB -BASED HOSTING OF THE LIBRARY'S CATALOG IN THE AMOUNT OF
$69,332.40: Administration.
7. AUTHORIZED THE MAYOR TO EXECUTE A FUNDING AGREEMENT WITH THE LOS
ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (METRO) FOR COSTS
ASSOCIATED WITH THE REVIEW OF THE 1 -710 FREEWAY EXPANSION PROJECT DRAFT
ENVIRONMENTAL IMPACT REPORT /STATEMENT (DEIR /EIS): Public Works.
8. ADOPTED RESOLUTION NO. 12-7376, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY AMENDING THE CITY'S CONFLICT OF INTEREST CODE WHICH
INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S
STANDARD MODEL CONFLICT OF INTEREST CODE: City Clerk.
9. ADOPTED RESOLUTION NO. 12 -7377, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY AUTHORIZING THE CITY AND THE COLUMBIA MEMORIAL SPACE CENTER TO
ACQUIRE SURPLUS PROPERTY THROUGH THE CALIFORNIA STATE AGENCY FOR
SUPLUS PROPERTY: Administration.
10. ACCEPTED $48,300 IN SOBRIETY CHECKPOINT GRANT PROGRAM FUNDS FOR FISCAL
YEAR 2012 -2013 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY: Police.
City Council Regular Meeting
Minutes of October 9, 2012 3
ADMINISTRATIVE REPORTS
11. ADOPTED URGENCY ORDINANCE NO. 12 -1305, A URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DOWNEY AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY COUNCIL OF THE CITY OF DOWNEY AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM. (3 @
55 Second Tier Retirement Formula for Sworn Police New Hires): Administration.
Human Resource Director Youssefieh stated the Council adopted a Resolution of Intent to amend
the contract with CalPers on September 11, 2012. The final step required is to adopt an Ordinance
authorizing the amendment to the contract between the City and the CalPers Board of Administration in
order to finalize implementation of a negotiation provision between the City and the Downey Police
Officers Association and the Police Management Association to add 3% @ 55 second tier retirement
formula that will be applicable to new sworn police personnel hired by the City. Once the Urgency
Ordinance is adopted, the City can begin to fill the police officer vacancies that are critical to City
operations. New sworn police employees will be hired at the 3% @ 55 formula which is a lower benefit
formula than is currently offered to existing employees. This reduction in benefits will lower City pension
cost over time as new sworn police employees are hired. Additional savings will also result from an
associated provision that new sworn police employees will pick up their full 9% of member contribution
rate. Sworn police or existing employees will remain at the 3% @ 50 formula with employee
contributions beginning in July 2013 and additional contribution on July 2014. Existing police personnel
will pick up 6% of the 9% employee contribution in an effort to reduce pension cost. Pursuant to
Government Code Section 36937 a Urgency Ordinance becomes effective immediately upon adoption.
Mayor Brossmer invited the public to speak on this item. Having no one come forward, Public
Comment was closed. ----
Mayor Brossmer thanked all of the Unions for agreeing to the concessions. He stated the City of
Downey has implemented many pension reform items before the State imposed the mandates.
Council Member Guerra commended all of the Unions and stated he appreciated the efforts of
everyone involved.
It was moved by Mayor Pro Tem Gafin, seconded by Council Member Vasquez, and unanimously
carried to adopt the Urgency Ordinance.
OTHER BUSINESS
City Manager Livas wished Finance Director Michicoff a Happy Birthday.
ADJOURNMENT
The meeting adjourned at 9:30 p.m. to 6:30 p.m., October 23, 2012.
- A- ' Onf
ADRIA NI. " " JIIENZ CIVIC ROG R C. BROSSMER Mayor
> Y
City Clerk
City Council Regular Meeting
Minutes of October 9, 2012 4