HomeMy WebLinkAboutMinutes - 01-22-13 Regular Meeting MINUTES OF THE
_ CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JANUARY 22, 2013
The City Council of the City of Downey held a Regular Meeting at 7:30 p.m., January 22, 2013, in
the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor
Guerra presiding.
PRESENT: Council Members:
Mario A. Guerra Mayor
Fernando Vasquez Mayor Pro Tem
Roger C. Brossmer
Luis H. Marquez
Alex Saab
ALSO PRESENT: Gilbert Livas, City Manager
John Oskoui, Assistant City Manager /City Treasurer
Yvette M. Abich Garcia, City Attorney
Adria M. Jimenez, CMC, City Clerk
Shannon DeLong, Assistant to the City Manager
Lonnie Croom, Fire Chief
Carl Charles, Police Chief
Brian Saeki, Community Development Director
Arlene Salazar, Parks & Recreation Director
Anil Ghandy, Interim Finance Director
Gladys Chavez, Secretary
The Invocation was delivered by Dn. Mario A. Guerra. The Flag Salute was led by Arlene Salazar,
Director of Parks & Recreation.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND
CONFERENCE /MEETING REPORTS
Mayor Pro Tem Vasquez reported attending the Downey Art Vibe's first annual meeting.
p g y . g
Council Member Saab reported attending the City Affairs Committee of the Downey Chamber of
Commerce and thanked Assistant to the City Manager DeLong for her participation; he mentioned
upcoming events at the Columbia Memorial Space Center: Pre - School Adventure in Science and the
Astronomers Club. As a Kiwanis Club of Downey member Council Member Saab attended a tour of
Fire Station 1 led by Fire Chief Croom. He thanked the Fire Department for an informative overview of
their operations; Council Member Saab reported attending the Independent Cities Association meeting
and the League of Cities Academy for Newly Elected Officials in Sacramento attending all of the
sessions. He mentioned an upcoming volunteer opportunity with the Eagle Scouts at Rio San Gabriel
Park and invited everyone to the Monthly Community Bicycle Ride at Apollo Park.
Council Member Brossmer reported attending the American Legion Downey Post -270 meeting
-_- where he was recognized for his participation in the City's Military Banner Program; He advised war
veteran Ken Drake was ill and asked that he be kept in everyone's thoughts. He reported attending the
City's 2013 Goal Setting Workshop at the Columbia Memorial Space Center where ideas were shared
on how to optimize the City's resources; he thanked staff for their participation.
City Council Regular Meeting
Minutes of January 22, 2013 1
Mayor Guerra reported attending the City's 2013 Goal Setting Workshop at the Columbia Memorial
Space Center; attended the 127 and 128 new Neighborhood Watch meetings; reported attending a
meeting with the United States Army Grassroots Advisory Board and the Coca Cola Company in which
leaders of the community assist with military recruiting efforts; participated in the first Mayor's Walking
Wednesdays at Downey High School where he was able to interact with residents while exercising. He
stated that the City was happy to announced the return of a Fire Engine but was saddened that the Fire
Association continues with their efforts to contract with the Los Angeles County Fire Department; he
stated he was disappointed in those gathering signatures because some are misleading the voters and
asked that prior to signing any petition the voter be well informed. He stated that the Fire Department is
hard - working and ethical and he is very proud of them. He mentioned that any voter that wishes to
withdraw their signature from a petition must file a written request with the City Clerk to include the title
or description of the petition, the voter's name, address, and signature. Tonight Mayor Guerra weighed
in at 293 and thanked Russell's Bicycles for their assistance in purchasing a bicycle for Healthy
Downey.
PRESENTATIONS:
Certificates of Recognition to Downey High School Football as the 2012 -13 C.I.F. Southeast
Division Champions. (Postponed to February 12, 2012.)
PUBLIC HEARINGS: None.
NON - AGENDA PUBLIC COMMENT
The following people spoke regarding the officer - involved shooting:
Jean Thaxton
Damien Ramirez
Terry (no last name provided)
Mariah (no last name provided)
David Kobzeff, resident on Farm Street, expressed dissatisfaction with the City's garage sale
Ordinance and requested it be reviewed to allow signs on public areas.
Marcos Sylvania, representative of Assembly Member Christina Garcia of the 58 District,
introduced himself and invited staff to the swearing in on February 9, 2013.
Benjamin Gutierrez, resident, spoke about a recent street sweeping citation he received and
stated that the towing and storage fees charged are excessive and requested the City reimburse
him or ask the tow company to do so. He expressed his dissatisfaction with the treatment from the
tow company.
CONSENT CALENDAR ITEMS REMOVED
3. CASH CONTRACT NO. S.S. 488 - FIRESTONE BOULEVARD IMPROVEMENT PROJECT
(OLD RIVER SCHOOL ROAD — BROOKSHIRE AVENUE): APPROVE PLANS AND
SPECIFICATIONS AND AUTHORIZE SOLICITATION FOR BIDS: Public Works. This item was
removed at the request of Mayor Pro Tem Vasquez and is listed under Other Business.
4. CASH CONTRACT NO. 656 -3B — 9255 IMPERIAL HIGHWAY VAPOR EXTRACTION SYSTEM —
PROJECT, PHASE 3B: APPROPRIATE AN ADDITIONAL AMOUNT OF $56,591.90 FROM THE
GAS TAX FUND: Public Works. This item was removed at the request of Council Member Saab
and is listed under Other Business.
City Council Regular Meeting
Minutes of January 22, 2013 2
6. APPROVE AGREEMENT IMPLEMENTING THE DISBURSEMENT OF $450,000 IN FEDERAL
HOME FUNDS FOR THE VIEW HOUSING DEVELOPMENT: Community Development. This item
was removed at the request of Mayor Guerra and is listed under Other Business.
11. DOPT RESOLUTIO NO. 13- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY
DOWNEY APPROVING APPOINTMENTS TO COUNCIL DISTRICT 1: HECTOR LUJAN TO THE
PLANNING COMMISSION; BETTY MONROY TO THE LIBRARY ADVISORY BOARD; JANET
MOLINARO TO THE GREEN TASK FORCE; PATRICK OWENS AND MARYBETH VERGARA
TO THE PUBLIC WORKS COMMITTEE: Council Member Marquez. This item was removed at the
request of Mayor Guerra and is listed under Other Business.
12. ADOPT RESOLUTION NO. 13- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING APPOINTMENT OF JIM RODRIGUEZ TO THE PLANNING
COMMISSION FOR COUNCIL DISTRICT 5: Council Member Saab. This item was removed at the
request of Mayor Guerra and is listed under Other Business.
CITY COUNCIL CONSENT CALENDAR
It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Vasquez, and
unanimously carried to approve the remainder of the Consent Calendar with the stated amendment to
Item No. 10.
1. APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings of January 8, 2013: City
Clerk.
,_...� 2. APPROVED WARRANTS ISSUED: Warrant Nos. 273532 - 273580; Wire Nos. 30002821 &
30002828, and 30002831 — 30002840 (30002834 & 30002838 were omitted /not posted), 1029-
1033, in the total amount of $ 3,302,576.54: Finance.
5. APPROVED A SUB - RECIPIENT GRANT AGREEMENT BETWEEN THE ORANGELINE
DEVELOPMENT AUTHORITY (OLDA) AND THE CITY OF DOWNEY AND AUTHORIZED THE
APPROPRIATION AND EXPENDITURE OF $10,000 IN MATCHING FUNDS FROM FY 2012 -13
MEASURE R FUNDS: Administration.
7. APPROVED PROFESSIONAL SERVICES AGREEMENT WITH THE LEW EDWARDS GROUP
FOR REVENUE MEASURE CONSULTING SERVICES: City Attorney.
8. APPROVED AGREEMENT WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY
(FEMA) AND THE DEPARTMENT OF HOMELAND SECURITY (DHS) FOR THE
APPROPRIATION OF FUNDS FOR THE 2012 STAFFING FOR ADEQUATE FIRE AND
EMERGENCY RESPONSE (SAFER) GRANT EMW- 2012 -FH- 00448, TOTALING $1,886,954: Fire.
9. ADOPTED RESOLUTION NO. 13-7391, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE
FIRE DEPARTMENT: Fire.
10. APPROVED THE AMENDED BY -LAWS AND ESTABLISHING REVISED RULES AND
REGULATIONS OF THE PLANNING COMMISSION: Community Development.
OTHER BUSINESS
3. CASH CONTRACT NO. S.S. 488 - FIRESTONE BOULEVARD IMPROVEMENT PROJECT
(OLD RIVER SCHOOL ROAD — BROOKSHIRE AVENUE): APPROVE PLANS AND
SPECIFICATIONS AND AUTHORIZE SOLICITATION FOR BIDS: Public Works.
City Council Regular Meeting
Minutes of January 22, 2013 3
Mayor Pro Tem Vasquez asked if there would be any breaks in the center medians and if the Fire
and Police Department reviewed the project specifications.
Assistant City Manager Oskoui stated that after a series of meetings with the sub - committee,
members of the Council, and local businesses it was determined that the lay -out will provide adequate
access to the businesses and emergency personnel.
Fire Chief Croom stated his department had reviewed the plans and determined there were enough
breaks in the median to allow emergency personnel access.
Police Chief Charles stated his department had reviewed the plans and determined there were
enough breaks in the median to allow emergency personnel access.
Mayor Pro Tem Vasquez asked if the project included evening hours of operation.
Assistant City Manager stated yes.
It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Vasquez, and
unanimously carried to approve staff's recommendation.
4. CASH CONTRACT NO. 656 -3B — 9255 IMPERIAL HIGHWAY VAPOR EXTRACTION SYSTEM
PROJECT, PHASE 3B: APPROPRIATE AN ADDITIONAL AMOUNT OF $56,591.90 FROM THE
GAS TAX FUND: Public Works.
Council Member Saab asked for clarification on the vapor readings and a completion date.
Assistant City Manager Oskoui stated that of the eight well sites five were completely free of foreign
material and of the three remaining, vapor readings had declined. He mentioned that the City should be
receiving a final clearance report from the Water Quality Board in another six months.
It was moved by Council Member Brossmer, seconded by Council Member Saab, and unanimously
carried to approve staff's recommendation.
6. APPROVED AGREEMENT IMPLEMENTING THE DISBURSEMENT OF $450,000 IN FEDERAL
HOME FUNDS FOR THE VIEW HOUSING DEVELOPMENT: Community Development.
Mayor Guerra stated the City was very excited about this project and asked if there was an
estimated completion date and in how many phases would the project be constructed.
Community Development Director Saeki stated that a rough estimate for the project to be
completed was 14 months and the project would be completed in one phase.
It was moved by Mayor Guerra, seconded by Council Member Brossmer, and carried 4 -1 with
Mayor Pro Tem Vasquez abstaining, to approve staff's recommendation.
11. ADOPTED RESOLUTIO NO. 13 -7393, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
DOWNEY APPROVING APPOINTMENTS TO COUNCIL DISTRICT 1: HECTOR LUJAN TO THE
PLANNING COMMISSION; BETTY MONROY TO THE LIBRARY ADVISORY BOARD; JANET
MOLINARO TO THE GREEN TASK FORCE; PATRICK OWENS AND MARYBETH VERGARA
TO THE PUBLIC WORKS COMMITTEE: Council Member Marquez.
City Council Regular Meeting
Minutes of January 22, 2013 4
Council Member Marquez made the following recommendations; retain current Planning
Commissioner Lujan, but have him serve in District 1; re- appoint Library Commission Monroy; re-
_ appoint Green Task Force Commissioner Molinaro; re- appoint Public Works Committee Commissioner
Vergara; and newly appoint Commissioner Owens.
It was moved by Council Member Marquez, seconded by Council Member Brossmer, and
unanimously carried to adopt the Resolution.
12. ADOPTED RESOLUTION NO. 13-7394, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING APPOINTMENT OF JIM RODRIGUEZ TO THE PLANNING
COMMISSION FOR COUNCIL DISTRICT 5: Council Member Saab.
Council Member Saab recommended Jim Rodriguez for Planning Commissioner. He stated that as
a long time Downey resident, fellow member of the Kiwanis Club and business owner, he was the right
person for the fob.
It was moved by Council Member Saab, seconded by Mayor Guerra, and unanimously carried to
adopt the Resolution.
ADMINISTRATIVE REPORTS.
13. LOCAL VENDOR PURCHASING PREFERENCE: Administration.
A. INTRODUCED ORDINANCE NO. 13- , AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY OF DOWNEY'S
LOCAL VENDOR PURCHASING PREFERENCE; and,
B. ADOPTED RESOLUTION NO 13 -7395, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY REPEALING RESOLUTION NO. 4497 AND ESTABLISHING
AN AMOUNT APPLICABLE TO LOCAL VENDOR PREFERENCE.
Assistant City Manager Oskoui reported that in 1984 the City put in place the Local Vendor
Preference Program in order to promote and assist local businesses. The program is still in place today
and offers local businesses a 3% credit when they submit a bid for purchase of services, supplies, or
equipment. The program has two components: the first sets up the level of the preference which is
currently 3% set by an Ordinance in 1984; second, the trigger dollar amount of $100. In a move to
enhance the program staff is recommending Council consider an Ordinance amendment by increasing
the 3% to 10% and adopt a Resolution that would increase the $100 threshold to $300.
Council Member Saab asked if the amount was under $300 would the 3% credit still apply.
pp . Y
Mayor Pro Tem Vasquez asked if the program was based on each single transaction.
Council Member Brossmer asked how many local businesses currently participate in the program
and what the expected participation increase was.
Assistant City Manager Oskoui in response to Council questions stated that the 3% would apply,
the program was based on each single transaction, and currently not many businesses participate in
the program and the hope is that this change will stimulate the local business community.
Mayor Guerra asked for language to be included that if one single item is purchased several times
throughout the year the grand total would then be the total used for the vendor to participate in the
Local Vendor Preference Program.
City Council Regular Meeting
Minutes of January 22, 2013 5
City Attorney Abich- Garcia stated that particular change would be done in the City's purchasing
Ordinance as it relates to local vendors and best practices.
City Manager Livas stated that on the interim basis we can move forward on this and staff will return
to Council for the change in the Ordinance.
It was moved by Council Member Saab, seconded by Council Member Brossmer, and unanimously
carried to introduce the Ordinance as amended.
It was moved by Council Member Saab, seconded by Council Member Brossmer, and unanimously
carried to adopt the Resolution.
COUNCIL MEMBER REQUESTED ITEM: None.
STAFF MEMBER COMMENTS
City Manager Livas stated that the City recently received an outstanding credit rating of "A2" by
Moody's Investors Service, an independent consulting group that provides international financial
research on bonds issued by commercial and government entities. He stated that the rating means the
City will be able to move forward with any refinancing plans. He mentioned that he and Council
Member Saab met with Assembly Member Christina Garcia during a "meet and greet" and discussed
some redevelopment tools and activities. She stated she would submit the City's redevelopment
legislation for review by the Legislative Council.
Mayor Guerra thanked City Manager Livas for the tough financial decisions that needed to be made
in order to receive a positive rating from Moody. He thanked all staff for their hard work during labor ,..._,
negotiations, pension reform, and for a balanced budget. He stated that all of these items will allow the
City to move forward in a positive direction.
ADJOURNED
The meeting adjourned at 8:55 p.m. to 6:30 p.m., February 12, 2013, in memory of Thomas Steel,
father of Shirley Conte, City Council Secretary.
(04/to Z/ 1:7/---?
ADRIA M. JIMENE , CMC MARIO A. GUE A, Mayor
City Clerk
City Council Regular Meeting
Minutes of January 22, 2013 6