HomeMy WebLinkAboutMinutes 03-11-14 - Regular MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
MARCH 11, 2014
The City Council of the City of Downey held a Regular Meeting at 6:37 p.m., March 11, 2014, in the
Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor
Vasquez presiding.
PRESENT: Council Members:
Fernando Vasquez
Luis H. Marquez
Roger C. Brossmer
Mario A. Guerra
Alex Saab
Mayor
Mayor Pro Tern
(arrived 7:20 p.m.)
ALSO PRESENT: Gilbert Livas, City Manager
John Oskoui, Assistant City Manager
Yvette M. Abich Garcia, City Attorney
Shannon DeLong, Assistant to the City Manager
Adria M. Jimenez, CMC, City Clerk
Carl Charles, Chief of Police
Lonnie Croom, Fire Chief
Brian Saeki, Community Development Director
Mohammad Mostahkami, Public Works Director
Arlene Salazar, Parks & Recreation Manager
Gladys Chavez, Secretary
The Invocation was delivered by Community Development Director Saeki. The Flag Salute was led
by the 4th and 5th Grade Student Council from Old River Elementary School.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE /MEETING REPORTS
Mayor Pro Tem Marquez welcomed everyone in attendance. He thanked the Public Works and
Parks & Recreation Departments for a successful groundbreaking Event at Brookshire Park.
Council Member Saab welcomed Downey Chamber of Commerce President Trombley, Emergency
Preparedness Commissioner Beard and the Youth Commissioners who were in the audience. He
thanked the LA Conservation Corps and First 5 LA for the work they did at Treasure Island Park and for
their participation in the Brookshire Park Groundbreaking Ceremony. He requested the Police
Department increase patrol near Brookshire Park. He reminded everyone of the Annual G.O.O.D
luncheon, March 12; Downey City Library and Friends of the Library 30 Annual Volunteer and Major
Donor Recognition Brunch, April 5; City of Downey and Los Amigos Kiwanis Club Bunny Breakfast, April
12; Downey High School Botany's 6t" Annual Tomato and Pepper Plant Sale. He congratulated
Community Development Director Saeki who has accepted another position. He reminded everyone of
his office hours, Fridays 3:00 p.m. to 5:30 p.m. He requested staff work towards the cleaning of City
sidewalks in the Downtown.
City Manager Lives stated the City is working towards a solution for the cleaning of sidewalks in the
Downtown.
Council Member Guerra congratulated Community Development Director Saeki who has accepted
another position. He reported being a guest speaker at Oasis Senior Mondays and participated in Day of
the Reader at Unsworth Elementary. He thanked the LA Conservation Corps and First 5 LA for their
participation in the Brookshire Park Groundbreaking Ceremony. He reported the City had been awarded
City Council Minutes — March 11, 2014
two $300,000 grants from Los Angeles County Supervisor Knabe's office for walking trails at Apollo and
Furman Park. He requested staff provide the Council plans for the trails. He reported attending the 28`h
Annual Amistad Gala at Rancho Los Amigos Rehabilitation Center. He reminded everyone of the
Annual G.O.O.D luncheon, March 12. He requested staff provide the Council plans forthe Downey Hall
of Fame and suggested Dr. Mary Stauffer be the first candidate. He thanked staff for the newly installed
Veteran's Parking sign at City Hall.
Mayor Vasquez welcomed new Executive Director of the Downey Chamber of Commerce Carlos
Cruz. He reported touring the PIH Hospital facility, attending a Gateway Council of Government Meeting
and Stay Fit Event. He participated in the Firestone Boulevard and Brookshire Park Groundbreaking
Ceremony. He stated being a guest speaker at the American Business Woman Association. He
welcomed the Downey Youth Commissioners who were in the audience. He congratulated Community
Development Director Saeki who has accepted another position.
PRESENTATIONS
Mayor Vasquez presented the Healthy Heart Award to Jorge Orozco, CEO of Rancho Los Amigos
National Rehabilitation Center.
Mayor Vasquez presented a Certificate of Appointment to Hector Beltran for his appointment to
the Public Works Committee for Council District 3.
Mayor Vasquez presented a Certificate of Appointment to Michael Chirco for his appointment to the
Green Task Force for Council District 4.
Mayor Vasquez presented a Proclamation to the American Red Cross and Declared March as Red
Cross Month,
Mayor Vasquez presented a Proclamation to the Public Works Department and declared the week
of March 7 -17 as Arbor Day.
PUBLIC HEARINGS: None.
NON - AGENDA PUBLIC COMMENT
Jesus Mata, resident, requested the Council consider allowing bicycles at the Meredith H. Perkins
Skate Park. He provided the City Clerk a petition with signatures.
Ray Guard, resident, thanked the City for installing a Veterans Parking sign.
CONSENT CALENDAR
City Attorney Abich Garcia pulled Item No. 6 to a date uncertain. Council Member Guerra pulled Item
No. 7. Both are listed under Other Business.
It was moved by Council Member Saab, seconded by Council Member Brossmer, with Mayor Pro
Tem Marquez and Council Member Guerra abstaining from Item No. 3 because the project is within 500
ft. of their residences, to approve the remainder of the Consent Calendar.
1. APPROVED MINUTES: Regular Meeting of February 11, 2014; Adjourned Regular Meeting of
February 25, 2014; Special Meetings of February 28, 2014: City Clerk.
2. WARRANTS ISSUED: Warrant Nos. 282904- 283191; Wire Nos. 30003135 - 30003142; Manual
Wire Nos. 1241 — 1243, in the total amount of $2,559,752.18: Finance.
City Council Minutes — March 11, 2014
3. CAPITAL IMPROVEMENT PROJECT NO. 14 -02: ANNUAL MISCELLANEOUS CONCRETE
CONSTRUCTION AND REPAIR -AREA "C" - ACCEPTED THE IMPROVEMENTS
CONSTRUCTED, APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $360,546
AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF COMPLETION:
Public Works.
4. AUTHORIZED THE MAYOR TO EXECUTE A TEMPORARY CONSTRUCTION EASEMENT
AGREEMENT WITH KAISER FOUNDATION HOSPITALS IN AN AMOUNT NOT TO EXCEED
$12,240 IN CONJUNCTION WITH THE BELLFLOWER BOULEVARD AT IMPERIAL HIGHWAY
INTERSECTION IMPROVEMENT PROJECT: Public Works.
5. ADOPTED RESOLUTION NO. 14-7480, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ADOPTING THE SALARY RANGE FOR THE POSITION OF SENIOR HUMAN
RESOURCES ANALYST: Human Resources.
8. INRODUCED ORDINANCE NO. 14- , AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY AMENDING CHAPTER 3, 4, 5, AND 6 OF ARTICLE III OF THE DOWNEY
MUNICIPAL CODE, THROUGH ADOPTING BY REFERENCE THE 2013 CALIFORNIA FIRE
CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9), BASED ON THE
INTERNATIONAL FIRE CODE, 2012 EDITION, WITH ERRATA, AND THOSE PORTIONS OF THE
INTERNATIONAL FIRE CODE, 2012 EDITION, INCLUDING APPENDICES A THROUGH K
INCLUSIVE, TOGETHER WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS, AND
CHANGES THERETO, FOR THE PURPOSE OF PRESCRIBING REGULATIONS GOVERNING
CONDITIONS HAZARDOUS TO THE LIFE AND PROPERTY FROM FIRE OR EXPLOSION; AND
ADOPTING CHAPTER 6.95 OF CALIFORNIA HEALTH AND SAFETY CODE FOR THE
PURPOSE OF PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO
LIFE AND PROPERTY FROM THE HANDLING, USE, STORAGE, OR RELEASE OF
HAZARDOUS MATERIALS OR HAZARDOUS WASTE; AND, SET A PUBLIC HEARING FOR
APRIL 8, 2014 FOR PUBLIC TESTIMONY AND ADOPTION OF THE ORDINANCE: Fire.
OTHER BUSINESS
6. SET A PUBLIC HEARING AT THE REGULAR MEETING OF MARCH 25, 2014 TO CONSIDER
ADOPTION OF A RESOLUTION OF NECESSITY TO ACQUIRE REAL INTEREST IN A PORTION
OF THE PROPERTY LOCATED AT 8008 FIRESTONE BOULEVARD FOR STREET WIDENING
PURPOSES IN CONJUNCTION WITH THE PARAMOUNT BOULEVARD AT FIRESTONE
BOULEVARD INTERSECTION IMPROVEMENT PROJECT: Public Works.
City Attorney Abich Garcia pulled Item No. 6 to a date uncertain.
7. INTRODUCED 2013 BUILDING, ELECTRICAL, MECHANICAL, PLUMBING, GREEN BUILDING
STANDARDS, ENERGY, AND RESIDENTIAL CODE UPDATE AND SET A PUBLIC HEARING
FOR APRIL 8, 2014: Community Development.
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING
ARTICLE Vlll ( "BUILDING REGULATIONS "), CHAPTER 1 ( "DOWNEY BUILDING
CODE ") AND ADDING THERETO A NEW CHAPTER 1 ( "DOWNEY BUILDING CODE ")
AND MAKING AMENDMENTS THERETO (ADOPTING BY REFERENCE THE 2013
CALIFORNIA BUILDING CODE WITH AMENDMENTS).
B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA,
AMENDING SECTION VIII ( "BUILDING REGULATIONS ", CHAPTER 2 ( "DOWNEY
ELECTRICAL CODE "), OF THE DOWNEY MUNICIPAL CODE TO ADOPT THE 2013
EDITION OF THE CALIFORNIA ELECTRICAL CODE AS THE DOWNEY ELECTRICAL
CODE.
City Council Minutes — March 11, 2014
C. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA,
AMENDING ARTICLE VIII (`BUILDING REGULATIONS ") CHAPTER 3 ( "MECHANICAL
CODE ") OF THE DOWNEY MUNICIPAL CODE TO ADOPT THE 2013 EDITION OF THE
CALIFORNIA MECHANICAL CODE AS THE DOWNEY MECHANICAL CODE.
D. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA,
AMENDING SECTION VIII ( "BUILDING REGULATIONS ") CHAPTER 4 ( "DOWNEY
PLUMBING CODE ") OF THE DOWNEY MUNICIPAL CODE TO ADOPT THE 2013
EDITION OF THE CALIFORNIA UNIFORM PLUMBING CODE WITH STATE OF
CALIFORNIA 2013 AMENDMENTS AS THE DOWNEY PLUMBING CODE.
E. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA,
AMENDING SECTION VIII (`BUILDING REGULATIONS ") CHAPTER 11 ( "GREEN
BUILDING STANDARDS CODE ") OF THE DOWNEY MUNICIPAL CODE ADOPTING
THE 2013 EDITION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE AND
ITS AMENDMENTS AS THE DOWNEY GREEN BUILDING STANDARDS CODE.
F. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA,
AMENDING ARTICLE Vlll ( "BUILDING REGULATIONS) CHAPTER 12 ( "ENERGY
CODE) OF THE DOWNEY MUNICIPAL CODE ADOPTING THE 2013 EDITION OF THE
CALIFORNIA ENERGY CODE AS THE DOWNEY ENERGY CODE.
Council Member Guerra requested staff review the commercial points that triggerthe sprinklers and
provide an update when the item returns for the Public Hearing.
It was moved by Council Member Guerra, seconded by Council Member Brossmer and
unanimously carried to introduce the Ordinances and set a Public Hearing for April 8, 2014.
ADMINISTRATIVE REPORTS
9. CREATED AN AD -HOC SUBCOMMITTEE FOR THE UPGRADES TO THE AUDIO- VISUAL IN
THE COUNCIL CHAMBERS AND APPOINT TWO COUNCIL MEMBERS TO SERVE ON THE
COMMITTEE: Council Member Brossmer.
Council Member Brossmer stated he would like to serve on the committee.
Mayor Pro Tem Marquez stated he would like to serve on the committee.
It was moved by Council Member Guerra, seconded by Council Member Saab and unanimously
carried to appoint Council Member Brossmer and Mayor Pro Tern Marquez to the Ad -Hoc
Subcommittee.
10. RECONSIDERED RESOLUTION NO. 13-7449, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY OPPOSING ANY BILLS OR BALLOT MEASURES THAT WOULD WEAKEN
THE MEDICAL INJURY COMPENSATION REFORM ACT (MICRA), INCREASE HEALTH CARE
COSTS FOR STATE AND LOCAL GOVERNMENTS AND LIMIT PATIENT ACCESS TO HEALTH
CARE SERVICES: Council Member Brossmer.
Council Member Brossmer stated he will withdraw his support of this Resolution and will remain
neutral on this issue.
City Attorney Abich Garcia stated the Resolution can be repealed and taken off the record or Council
Member Brossmer can simply go on record stating he no longer is in support of the Resolution and the
Resolution would remain as -is.
City Council Minutes — March 11, 2014
Mayor Vasquez invited the public to speak on this item.
City Clerk Jimenez read into the record 10 emails received in opposition of the Resolution.
Council Member Brossmer stated he received emails in opposition of the Resolution.
Mayor Vasquez stated he received an email from the Family Health Care Center of Greater Los
Angeles in support of the Resolution.
Council Member Guerra stated he received emails both in support and in opposition of the
Resolution.
Tammy Smick, resident, stated she was opposed to the Resolution. She spoke of her son Alex
Smick who passed away due to gross medical negligence.
Tim Smick, resident, stated he was opposed to the Resolution. He spoke of his son Alex Smick who
passed away due to gross medical negligence.
Solange Richie, stated she was opposed to the Resolution. She spoke of the passing of her ex-
husband due to gross medical negligence.
Steve Young, stated he was opposed to the Resolution. He stated doctors should not be protected
against significant malpractice.
Dr. Sonya Molina, business owner, spoke in favor of the Resolution. She stated MICRA allows her to
keep cost low in order to better serve the community.
John, no last name provided, stated there was a significant amount of miscommunication regarding
MICRA. He stated a judge has the final ruling regarding the maximum amount paid out to families.
Seeing no further speakers, Mayor Vasquez closed public comment.
Council Member Guerra stated without MICRA insurance premiums would triple. It is not a fact that a
patient will only receive a $250,000 cash settlement under MICRA. He stated economic damages for
past and future damages, lifetime wages and earnings and punitive damages are unlimited. He stated
increasing the cap on MICRA will increase health care costs. He stated MICRA has over 900 supporters
and states that do not have MICRA provide medical service at a higher rate therefore, repealing MICRA
would not be beneficial to California. He stated because the City is a medical hub it will hurt the
community economically if not supported.
Council Member Saab stated this issue does not fall under the purview of his responsibilities and the
Council should not be taking a position on the matter.
Mayor Pro Tern Marquez stated the Council should not be taking a position on this item and he is in
favor of repealing the Resolution.
Council Member Brossmer stated it is not his role to weigh -in on MICRA reform.
It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Marquez and carried 3 -2
with Council Member Guerra and Mayor Vasquez voting no, to withdraw support of the Resolution.
11. INSPRIATION NEIGHBORHOOD CENTER: Council Member Guerra
Council Member Guerra stated he is in support of building the proposed structure using the
Section 108 Loan Guarantee program offered by the Department of Housing and Urban
Development (HUD), restoring the shuttle for display to preserve a part of history and give direction
to staff to set money aside during the budget process. Once the City hires an Executive Director he
City Council Minutes — March 11, 2014
will be able to make recommendations using budgeted funding.
Council Member Saab stated the Council has already voted on this item and the decision made
was to eventually relinquish management of the Space Center to an Executive Director and allow
the director to provide direction on how to best showcase the space shuttle mock -up. He stated the
economy is still recovering and therefore, cannot support this item especially because there is no
clear plan. He requested clarification on the loan.
Assistant City Manager Oskoui stated the amount financed would be approximately $3 million
structured with a 20 year payback. Years 1 -4 would be interest only totally $100,000, years 5 -20
would include principle and interest totally $300,000 annually. At the end of the loan the amount paid
will be $5.2 million. The City would then have fees associated with operating and maintaining the
building to include hiring staff.
Community Development Director Saeki stated if the funding source will be the Section 108
loans. The Neighborhood Center should serve the community free of charge if the City wants to
qualify for the use of the loan. He stated CDGB funds have been reduced by the Federal
Government in the past and if completely eliminated, the City will be responsible for finding another
funding source.
Council Member Saab asked for clarification on CDBG what is the amount received and what
projects would be compromised. He stated he agrees with the project but not the means by which
Council has recently discussed paying for it.
Community Development Director Saeki stated the current allocation of $1.1 million annually will
be exhausted with this project. Presuming the federal government will continue to provide the
funding, the City will lose the ability to leverage other economic development projects. In addition,
the loan cannot be paid off early.
Mayor Vasquez stated he would like a plan in place before agreeing to fund the loan.
Council Member Guerra stated he agreed with having a plan in place. He requested staff set
funds aside in the next fiscal budget for consultants and return to the Council with a plan.
Council Member Brossmer requested clarification on when the City would hire a new Executive
Director for the Space Center. He stated without a strong plan in place, it would not be a prudent
decision at this time to move forward with this item.
City Manager Livas stated the goal was to have an Executive Director by July 1, 2014.
Mayor Pro Tern Marquez stated the goal of the Council was to eventually display the shuttle.
City Manager Livas stated the Executive Director should be the one to put a plan in motion;
however, in the absence of funds he will not be able to hire a consultant. Allocating money in the
upcoming budget year would afford him the ability to execute a plan.
It was moved by Council Member Guerra, seconded by Council Member Brossmer and carried
3 -2 with Council Member Brossmer and Mayor Pro Tern Marquez voting no to give direction to the
subcommittee to place funds in the budget for consultant services for review during the final budget
process to run concurrent with the hiring of a new Executive Director.
It was moved by Council Member Guerra, seconded by Council Member Saab and carried 4 -1
with Mayor Pro Tern Marquez voting no, to repeal the motion.
The City Council gave direction to staff to schedule a subcommittee meeting and have the
committee return to the Council with options.
City Council Minutes — March 11, 2014
STAFF MEMBER COMMENTS:
City Manager Livas read an email received from the LA Conservation Corp regarding the recent
Brookshire Park Groundbreaking Ceremony in which it highlighted the hard work and professionalism
displayed by City staff. He thanked Community Development Director Saeki for having served the City
well.
ADJOURNMENT: at 9:30 p.m. to Tuesday, March 25, 2014, at 5:30 p.m., in memory of the servicemen
who perished this past week during Operation Enduring Freedom L'ancaC I. Caleb Erickson, Waseca,
Minn.; Master Sgt. David Poirier, North Smithfield, RI.
RIA M. JIMENE , CMC FERt4Afd 0 O VASO
City Clerk Mayor
City Council Minutes — March 11, 2014