HomeMy WebLinkAboutMinutes - 11-13-12 Regular Meeting MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
NOVEMBER 13, 2012
The City Council of the City of Downey held a Regular Meeting at 7:37 p.m., November 13, 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
Carl Charles, Police Captain
Brian Saeki, Community Development Director
r .... Arlene Salazar, Interim Parks & Recreation Director
John Michicoff, Finance Director
Gladys Chavez, Secretary
The Invocation was delivered by Pastor Don Metcalf, Desert Reign Church. The Flag Salute
was led by Adria Jimenez, City Clerk.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND
CONFERENCE /MEETING REPORTS
Council Member Guerra reported he attended: the 64th Annual Downey Rotary/YMCA Pancake
Breakfast held at Warren High School; a charity golf tournament hosted by the Rotary Club of Downey
at the Rio Hondo Golf Club benefiting The Arc of Los Angeles & Orange Counties; the Grand Opening
of the Walmart Neighborhood Market; the unveiling and dedication of the Veterans Memorial Eternal
Flame Monument located outside City Hall. He thanked Mayor Brossmer, staff, and volunteers for an
exceptional ceremony and suggested the monies collected from the monument waterfall be donated to
benefit local Veterans.
Council Member Vasquez reported attending an event at the Downey Civic Theater; attended the
unveiling and dedication of the Veterans Memorial Eternal Flame Monument located outside City Hall
and thanked Mayor Brossmer for spearheading the project; congratulated Alex Saab on his election win
as Council Member to District 5; and, advised that one of his appointed Planning Commissioners
resigned.
Council Member Marquez reported attending the unveiling and dedication of the Veterans Memorial
Eternal Flame Monument located outside City Hall. He thanked Mayor Brossmer, staff, and volunteers
for an exceptional ceremony.
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Minutes of November 13, 2012 1
Mayor Pro Tem Gafin reported attending the unveiling and dedication of the Veterans Memorial
Eternal Flame Monument located outside City Hall. He thanked Mayor Brossmer, staff, and volunteers
for an exceptional ceremony; and, recognized President -Elect of the Downey Chamber of Commerce,
Alex Saab, who was in the audience.
Mayor Brossmer reported attending the unveiling and dedication of the Veterans Memorial Eternal
Flame Monument located outside City Hall. He thanked Council, staff, and volunteers for an
exceptional ceremony; and, mentioned that the Council Meeting of November 27, 2012 will be under
the authority of Mayor Pro Tem Gafin.
PRESENTATIONS
Mayor Brossmer presented a Certificate of Recognition to Diane Moshenrose and Bea Jensen
winners of the Space Shuttle Naming Contest, and Dr. Mary Stauffer in honor of her "Inspiration."
The Certificate of Appointment to Michael Hemsath for his appointment to the Recreation and
Community Services Commission for Council District 3 was postponed.
PUBLIC HEARINGS: None.
NON - AGENDA PUBLIC COMMENT
Greta Campbell, resident, requested the City consider providing a shelter for the homeless.
The following people spoke regarding the officer - involved shooting:
Jean Thaxton
Damien Ramirez
Terry Ramirez
Terry Tamara
Laura Cozentino
Chuck Hanna, resident, thanked staff for a wonderful unveiling and dedication ceremony of the
Veterans Memorial Eternal Flame Monument outside of City Hall.
John Lacey, resident, thanked Mayor Pro Tem Gafin for his 8 years of service to the City;
expressed disagreement with a proposed ballot measure that would allow the City to contract for fire
and police services, and requested the City look into other pension providers other than CalPers.
RECESSED /RECONVENED
Mayor Brossmer recessed the City Council Meeting at 9:03 p.m. and called to order the Regular
Successor Agency to the Former Community Development Commission Meeting.
Mayor Brossmer reconvened the City Council Meeting at 9:06 p.m., with all Council Members
present.
CONSENT CALENDAR ITEMS REMOVED
11. AWARD A CONTRACT FOR PROFESSIONAL ARCHITECTURAL SERVICES TO WESTGROUP
DESIGNS FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES RELATED TO A
NEW SPACE EXHIBIT AND EDUCATION BUILDING: Administration. This item was removed at
the request of Mayor Pro Tem Gafin and is listed under Other Business.
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Minutes of November 13, 2012 2
13. ADOPT RESOLUTION NO. 12- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ESTABLISHING THE VOLUNTEER RESERVE POLICE OFFICER PROGRAM:
Police. This item was removed at the request of Mayor Pro Tem Gafin and is listed under Other
Business.
14. ADOPT RESOLUTION NO. 12- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING A MASTER EQUIPMENT LEASE PURCHASE AGREMENT FOR
THE LEASE PURCAHSE OFCERTAIN FIRE DEPARTMENT EQUIPMENT: SELF - CONTAINED
BREATHING APPARATUS AND THERMAL CAMERAS: Fire Department. This item was removed
at the request of Council Member Guerra and is listed under Other Business.
CITY COUNCIL CONSENT CALENDAR
It was moved by Mayor Pro Tem Gafin, seconded by Council Member Vasquez, and unanimously
carried to approve the remainder of the Consent Calendar.
3. APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings of October 23, 2012:
City Clerk.
4. APPROVED WARRANTS ISSUED: Warrant Nos. 271872 — 272459; Wire Nos. 30002772 —
30002791 and, 966 — 984; Cashier Check Nos.15 & 16, in the total amount of $6,293,896.26:
Finance.
5. CASH CONTRACT NO. S.S. 640A — ANNUAL MISCELLANEOUS CONCRETE CONSTRUCTION
AND REPAIR AREAS "A" & "B ": REJECTED THE BID SUBMITTED BY RAKAN,
---- INCORPORATED; AND, AWARDED CASH CONTRACT NO. S.S. 640A IN THE AMOUNT OF
$355,012 TO RUIZ CONCRETE AND PAVING, INCORPORATED: Public Works.
6. CASH CONTRACT NO. 682B — COLUMBIA MEMORIAL SPACE CENTER FENCE PROJECT:
ACCEPTED IMPROVEMENTS CONSTRUCTED, APPROVED THE FINAL CONSTRUCTION
CONTRACT AMOUNT OF $52,317.70, AND DIRECTED THE PUBLIC WORKS DIRECTOR TO
FILE THE NOTICE OF COMPLETION: Public Works.
7. AUTHORIZED THE MAYOR TO EXECUTE A AGREEMENT WITH LEYMASTER
ENVIRONMENTAL CONSULTING, LLC TO PROVIDE PROFESSIONAL ENVIRONMENTAL
CONSULTING SERVICES IN CONJUNCTION WITH THE BELLFLOWER BOULEVARD AT
IMPERIAL HIGHWAY INTERSECTION IMPROVEMENT PROJECT IN AN AMOUNT NOT TO
EXCEED $13,900: Public Works.
8. AUTHORIZED THE MAYOR TO EXECUTE AN AGREEMENT WITH THE CITY OF PICO RIVERA
FOR TRAFFIC SIGNAL MAINTENANCE SERVICES: Public Works.
9. AUTHORIZED THE MAYOR TO EXECUTE AN AGREEMENT WITH THE CITY OF
BELLFLOWER FOR TRAFFIC SIGNAL MAINTENANCE SERVICES: Public Works.
10. AWARDED A PROFESSIONAL SERVICES CONTRACT FOR A SOLID WASTE RATE STUDY
TO R3 CONSULTING GROUP: Administration.
12. APPROVED CHAMBER OF COMMERCE PARADE PERMIT: Administration.
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Minutes of November 13, 2012 3
15. ADOPTED ORDINANCE NO. 12-1306, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO
SPEED LIMITS ON ARDIS AVENUE: Public Works.
OTHER BUSINESS
11. AWARDED A CONTRACT FOR PROFESSIONAL ARCHITECTURAL SERVICES TO
WESTGROUP DESIGNS FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES
RELATED TO A NEW SPACE EXHIBIT AND EDUCATION BUILDING: Administration.
Mayor Pro Tem Gafin stated that due to recent budget cuts he does not agree with obligating the
City into a contract for $236,350 without having proper funding and also does not approve of the City's
General Fund being the fall back account if funding is not secured. He requested this project be
postponed until a time when the City is not experiencing financial hardship.
City Manager Livas stated that General Funds would not be used on this project. Due to the time
sensitive nature of this project the City needs to move forward. The City is looking to obtain approval
from the US Department of Housing and Urban Development (HUD) in order to allocate some
Community Development Block Grant (CDBG) funds for this project. In the event that HUD does not
approve the request, the item will be brought back to Council for further review.
Mayor Pro Tem Gafin stated that if the item were to come back to Council for further review he
would no longer be serving on the Council, therefore, would not be able to vote against using General
Funds to cover the cost of the project.
City Manager Livas stated there were several funding sources the City was looking into without
having to use General Funds such as Section 108 Loan Program or funds from the upcoming golf
course refinancing.
Mayor Brossmer requested the sentence under Fiscal Impact of the Agenda Report that reads, "If
other funding sources cannot be secured, staff will be requesting that the City Council appropriate all or
a potion of the $236,350 from unreserved General Funds at a future City Council meeting," be
removed.
Mayor Pro Tem Gafin agreed if that sentence was removed as Mayor Brossmer stated, then he
would vote in favor of this item.
It was moved by Council Member Guerra, seconded by Mayor Pro Tem Gafin, and unanimously
carried to approve staffs recommendation as amended.
13. ADOPTED RESOLUTION NO. 12-7380, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ESTABLISHING THE VOLUNTEER RESERVE POLICE OFFICER PROGRAM:
Police.
Mayor Pro Tem Gafin asked if the City was in any greater liability risk for having a Reserve Officer
and if a Reserve Officer was in a greater risk of a criminal or civil lawsuit that would not be protected
under the City's legal limits for not being part of the procedural Bill of Rights.
City Attorney Abich- Garcia stated that volunteer Reserve Police Officers would be covered under
the City's liability insurance if they were subject to a lawsuit. They would be considered a third party -1
claim.
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Minutes of November 13, 2012 4
It was moved by Mayor Pro Tem Gafin, seconded by Council Member Guerra, and unanimously
carried to adopt the Resolution.
14. ADOPTED RESOLUTION NO. 12-7381, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING A MASTER EQUIPMENT LEASE PURCHASE AGREMENT FOR
THE LEASE PURCHASE OF CERTAIN FIRE DEPARTMENT EQUIPMENT: SELF - CONTAINED
BREATHING APPARATUS AND THERMAL CAMERAS: Fire Department.
Council Member Guerra stated that he understood the vital impact this equipment will have for the
Firemen and fully supported the item but he did want some clarification. He asked: what was the total
cost of the contract; was the cost budgeted in the fiscal budget of 2012/13; and, what would happen if
the City contracted with the Los Angeles County Fire Department.
Fire Chief Croom stated the total amount of the contract would be $327,000; this amount was
budgeted for and is located on page 378 of the City's budget book under expenditure detail. If the City
contracted with the County for fire service, then the contract for the equipment would have to be
negotiated and he does not know what the exact outcome of that would be.
Council Member Vasquez asked if there were any evergreen clauses or fees associated if the
contract was terminated prior to its maturity date.
City Attorney Abich- Garcia stated that the contract was a fixed term. However, if the City had to
terminate the contract prior to the maturity date the City would be penalized by the bank. Some
examples are: if the City defaulted on the loan or breeched a provision of the contract; if the City
contracted with the County they would have to determine if they want to assume the obligation of the
contract, and there would be no penalties if they did assume it.
Council Member Guerra asked for clarification on the amount of 10% stated in the Agenda report
and on the payment schedule on page 9 regarding early termination fees if the City contracted with the
County for fire service.
City Attorney Abich- Garcia stated if the City was in default for non - payment then the bank would be
able to take any remedies by law that included collecting a 10% interest on the amount owed or they
could take possession of the property to mitigate damages. In regards to early termination fees if the
City contracted with the County she can not speculate.
It was moved by Council Member Guerra, seconded by Council Member Marquez, and unanimously
carried to adopt the Resolution.
ADMINISTRATIVE REPORTS
16. HOUSING REHABILITATION REBATE AND GRANT PROGRAM: APPROVED THE REBATE
AND GRANT COMPONENT FOR THE HOUSING REHABILITATION PROGRAM AND
APPROVED THE UPDATED PROGRAM PROCEDURES: Community Development.
Community Development Director Saeki reported on the Housing Rehabilitation Grant and Rebate
Programs that will be replacing the deferred loans and Senior Paint and Fix -up programs. The Rebate
Program will offer refunds of up to $10,000 to fix primarily code enforcement violations, Health and
Safety Code deficiencies, and structural deficiencies. The Grant Program will offer assistance of up to
$10,000 to correct Health and Safety Code issues and improve interior and exterior access to
physically disabled households. In addition, there will be a lead paint abatement component to the
program offering assistance of up to $1,500. All rebates would depend on an eligibility based
household income limit.
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Minutes of November 13, 2012 5
Mayor Brossmer asked if the Rebate Program was a new program.
Council Member Vasquez asked if the rebates were still going to be structured under a grant versus
a loan program.
Community Development Director Saeki stated the Rebate Program is indeed a new program and
the rebates were still going to be structured under a grant and not a loan program.
Council Member Guerra asked for clarification on: Item No. 7, page 3, of the Agenda report where it
states the homeowner must have proof of having paid for a project in full prior to receiving a rebate;
how many projects were anticipated to be completed this fiscal year, and can the funds be utilized to
buy paint for a project if service organizations wanted to volunteer their services to paint a home.
Community Development Director Saeki stated Item No. 7, page 3, was incorrect and would be
stricken from the report; a homeowner will not have to show proof of having paid for the project in full
prior to receiving grant or rebate money. Funds under the program will be deposited into an escrow
account and disbursed as payments are made to the contractor for a project. He stated currently for this
fiscal year budget there was $160,000 in the home investments partnership program funds and
anticipated completing 16 -20 projects under the new program.
City Manager Livas stated the City will role out a "Christmas in April" program that will involve local
charities and service groups and will paint homes once a year in April.
Council Member Vasquez asked for clarification on Item No. 5 of the Agenda report regarding the
three bid requirement and what if the project was an owner - builder project.
City Manager Livas stated that owner - builder projects could result in liability issues and to avoid
possible issues, the City will require three bids. This will also allow the City to monitor the program and
encourage hiring of local contractors.
It was moved by Mayor Pro Tem Gafin, seconded by Council Member Vasquez, and unanimously
carried to approve staffs recommendation as amended.
17. DEVELOPMENT OF PARKS AND RECREATION MASTER PLAN: Parks & Recreation.
Interim Parks & Recreation Director Salazar stated she outreached to professional practitioners at
the Department of Urban and Regional Planning at California State Polytechnic University Pomona for
assistance in preparation of a Parks and Recreation master plan free of charge. In partnership with the
University, the City will begin its first Parks and Recreation master planning efforts. She explained that
a master plan is important to a City because it inventories current programs and facilities, helps identify
underutilized space; Identifies potential land acquisition for future development of pay -to -play sports
fields, incorporates community input, identifies community trends and recreation desires, establishes a
plan for programs, and capital fund investment over a 10 -year period, prioritizes capital improvement
projects, provides repurposing ideas, and is a roadmap for funding & grants. In mid January 2013 Cal
Poly Pomona students and staff will tour all of the parks in the City. In addition, the City will provide
monthly community workshops, one for each Council district.
Council Member Guerra thanked staff for this project and asked if there would be an opportunity for
public -to- private partnerships in the new master plan.
Interim Parks & Recreation Director Salazar stated that the team will look at any and all funding
sources to include possible collaboration efforts with private companies.
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Minutes of November 13, 2012 6
Council Member Vasquez thanked staff for their efforts on this project. He emphasized friendly
communities and the utilization of utility corridors for public use. He stated that parks are used by
different demographics for various purposes, therefore, is glad the master plan will reach out to the
community for input.
Council Member Marquez thanked Ms. Salazar for taking a comprehensive look at the City's parks
and for looking into improvement to heavily used parks. He suggested turning one of the City's current
parks into a play -to -pay park and stated the City will continue to aggressively seek grant funding in
order to take our City parks to the next level.
It was moved by Mayor Pro Tem Gafin, seconded by Council Member Guerra, and unanimously
carried to receive and file.
RECONVENED
Mayor Brossmer reconvened the Successor Agency to the Former Community Development
Commission for a Joint Meeting with the City Council.
18. ADOPTED RESOLUTION NO. 12-7382, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY AUTHORIZING THE PROCESSING OF DOCUMENTATION REFLECTING
OWNERSHIP OF FORMER REDEVELOPMENT AGENCY PROPERTIES BY THE DOWNEY
SUCCESSOR AGENCY; AND, REVERT TRANSFER OF PROPERTY LOCATED AT 9066
FIRESTONE BOULEVARD FROM THE CITY OF DOWNEY TO THE DOWNEY SUCCESSOR
AGENCY: Community Development.
�--- It was moved by Mayor Pro Tem Gafin, seconded by Council Member Vasquez, and unanimously
carried with Council Member Guerra abstaining, to adopt the Resolutions.
Please refer to the Minutes of the Joint Meeting of the City Council /SuccessorAgency to the Former
Community Development Commission of November 13, 2012, for discussion and action on Item Nos. 2
and 18.
STAFF MEMBER COMMENTS
Mayor Brossmer stated he would like to add an item to the next Agenda regarding re- naming the
dog park in honor of Mayor Pro Tem Gafin for his efforts in its establishment.
Council Member Marquez stated that the City of Downey as a member of the Gateway Cities
Council of Government has partnered up with 27 other local cities to help fund the newly created
Gateway Connection that will tackle homelessness and provided additional information on the project.
City Manager Livas thanked Interim Parks & Recreation Director Salazar for the Park Master Plan
and the Police Department for establishing the Reserve Officer Program.
ADJOURNMENT
The Regular City Council Meeting adjourned at 9:10 p.m. to 6:30 p.m., November 27, 2012, in
memory of Sharon Castill, longtime Downey business owner and Gil Viera longtime Downey resident.
61 1
RIA M. JIMEN' Z, CMC RO R C. BROSSMER, Mayor
City Clerk
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Minutes of November 13, 2012 7