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HomeMy WebLinkAboutMinutes 01-27-15 Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JANUARY 27, 2015 The City Council of the City of Downey held a Regular Meeting at 6:38 p.m., January 27, 2015, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Marquez presiding. PRESENT: Council Members Luis H. Marquez Mayor Alex Saab Mayor Pro Tern Sean Ashton Roger C. Brossmer Fernando Vasquez ALSO PRESENT: Gilbert Livas, City Manager Yvette M. Abich Garcia, City Attorney Adria M. Jimenez, CMC, City Clerk John Oskoui, Assistant City Manager Shannon DeLong, Assistant to the City Manager Carl Charles, Chief of Police Mark Gillaspie, Fire Chief Mohammad Mostahkami, Public Works Director Arlene Salazar, Parks & Recreation Director Aldo Schindler, Community Development Director Anil Gandhy, Finance Director The Invocation was delivered by Benjamin Dickow, Columbia Memorial Space Center Executive Director. The Flag Salute was led by Jose Carrillo, Columbia Memorial Space Center Staff Member. CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE /MEETING REPORTS Council Member Vasquez recognized the Downey Youth Commissioners in the audience and thanked them for their work in the City. Council Member Vasquez stated he toured some of the streets with the Public Works Department, including Lakewood Blvd. He stated Lakewood Blvd. paving is completed, with striping and other small items to be finished soon. Firestone Blvd. is not yet completed, and later this year or early next year Lakewood Blvd., between Gallatin and Telegraph Rd., will be completed. Council Member Brossmer stated he is grateful to represent a City with such wonderful staff. Council Member Ashton reported that on Saturday he participated in the Keep Downey Beautiful clean -up which was well attended by over 70 people and recognized Keep Downey Beautiful Committee Members in attendance. He thanked City staff for their assistance with the event. He reported attending the Parks and Recreation Master Plan Meeting where community members voiced their opinion about the parks in the City. He thanked Arlene Salazar, Director of Parks & Recreation, for coordinating the meeting. He reported attending the Community Development Block Grant (CDBG) Meeting and thanked Jose Vasquez of the Housing Division for his participation. Council Member Ashton requested Director of Community Development Schindler provide information on the CDBG survey. City Council Minutes Regular Meeting — January 27, 2015 Aldo Schindler, Director of Community Development, advised the Department is conducting a survey of housing resources and needs in the City and will be hosting community meetings in February and March to assist in assessing the next funding cycle for CDBG and what programs are going to be funded. The survey can be accessed online and also through City Staff. Council Member Ashton stated on Sunday he participated in a tour of delegates of the Special Olympics World Games. Their staff was impressed with the City's preparation and he thanked City staff for their work. Mayor Pro Tern Saab thanked everyone for attending tonight's meeting and welcomed the young people, Police Officers, and Fire Fighters in the audience. He reported attending ribbon cuttings for Mariscos Choix and Miller -Mies Mortuary. He announced the Chamber of Commerce is holding a networking lunch on Wednesday at Mambo Grill. He confirmed City staff is making arrangements for a report regarding coyotes in the City. Mayor Pro Tern Saab advised a homeless count is being conducted tonight in the City to come up with a solution to homelessness. Mayor Pro Tern Saab reported the Stay Gallery had a nice event and thanked them for their projects. On February 5, the City is conducting an open and public Special Meeting regarding transit issues. Mayor Pro Tem Saab advised the Parks and Recreation Master Plan Community Workshop is scheduled for February 28 at Golden Park, which is the final opportunity for residents to provide input on the City's Parks and Recreation services in the years to come. Mayor Marquez welcomed everyone to the Council Meeting. Mayor Marquez reported he attended the US Conference of Mayors in Washington D.C., and met with members of Congress, the President, and key staff to share the history and stories of Downey. They were impressed with Downey's transition from the aerospace industry closures to today and how Downey has been able to move the City forward while maintaining a low unemployment rate. He reported he was also able to visit and reconnect with NASA to continue the strong relationship with the City to help expand the programs at the Space Center. The emphases of the meetings were on transportation, infrastructure, and funding. Mayor Marquez announced the City received the prestigious Government of Finance Award. The first time in the history of Downey the City has received this award. Gilbert Livas, City Manager, indicated this is a prestigious National Award given for outstanding budget presentation. It is extremely important in that it shows the City is financially stable and helps the City when bond refinancing is conducted. This award is the culmination of the hard work of the City Council. The community should rest assured that the Council has done an outstanding job in guiding the City's finances. Mr. Livas thanked the Finance Department for their hard work. Mayor Marquez commended City Staff and the Finance Department for their hard work. Mayor Marquez advised on Sunday the City welcomed a delegation from the Special Olympics World Games. Mayor Marquez thanked City staff and Arlene Salazar for coordinating the tour and he thanked the community and businesses for their participation. Mayor Marquez requested staff look into establishing a City Council Governance, Policy, and Procedure Handbook and requested a City Council Governance Subcommittee be formed at the next City Council Meeting. PRESENTATIONS Mayor Marquez advised he is presenting the Mayor's Courage Award to Isaac Rincon, a young Downey boy who is fighting cancer. He was undergoing surgery tonight and was unable to attend tonight's meeting. Mayor Marquez advised Diana Owens was unable to attend tonight's meeting to receive her Certificate of Appointment. Mayor Marquez and Council Member Ashton presented a Certificate of Appointment and City pin to Patrick Owens, Planning Commissioner. City Council Minutes Regular Meeting — January 27, 2015 Mayor Marquez and Council Member Ashton presented a Certificate of Appointment and City pin to Chuck Frey, Green Task Force. Mayor Marquez presented Certificates of Recognition to Simon Simonian, Mario Padilla, Ali Rastavan, Robert Voskanian, of Joseph's Bar & Grill, for their 1 year Anniversary. Mayor Marquez presented a Certificate of Recognition to Officer Brian Lopez for his actions during a November shooting that occurred at Los Angeles International Airport. PUBLIC HEARINGS 1. DOWNEY GROUNDWATER WELL NOS. 27 AND 28 PROJECT: Public Works. • r, a - • �•- • r ADOPTED B. • • RESOLUTION OF • CITY OF • WNEY ADOPTING THE MITIGATED . , " . • f AND MITIGATION • • - AND REPORTING - t - • DOWNEY GROUNDWATER i PROJECT. Mayor Marquez opened the Public Hearing at 7:17 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tern Saab, seconded by Council Member Brossmer, and so ordered by Mayor Marquez to receive and file. City Clerk Jimenez noted there was no correspondence received. Mohammad Mostahkami, Director of Public Works, introduced Dan Mueller, Utilities Division Manager, who is giving an overview of the project, followed by a presentation from RBF Consultants who worked on the CEQA process. Mr. Mueller stated the proposed project the CEQA document covers is Groundwater Wells Nos. 27 and 28. The project proposes to construct two new groundwater wells to supplement the City's water supply system. One of the wells is located in the southwest part of the City at an abandoned well site that the City owns; the other at the City's Utilities Yard in the southeast part of the City. The actual construction of the project would be handled in multiple phases: demolition; drilling, which would drill wells to 1200' to 1500' below surface and conduct pump testing and water quality testing; equipping phase, which includes installation of pump and motors on the wells; and, well construction, construction for well housing and a structure to house the SCADA System, which is a computer control system for the City's water pressure and flow throughout the City's distribution system. The consultant for the project is RBF Consultants. Alan /Ashimine, RBF Consulting, reviewed the environmental document, the process and Some of the findings. The document before the Council is a Mitigated Negative Declaration Study (MND) prepared in accordance with State Law and the California Environmental Quality Act. It is the method for the impacts of the projects to be disclosed to the City's decision makers, stakeholders,, and interested parties so everyone is aware of what the effects of the project will have. The initial study included a detailed analysis on a range of different topic areas, and a very broad spectrum of analysis required under State Law. In terms of the process, the MND was circulated for 30 days, December 11 through January 9, 2015. The document was sent to numerous effected agencies, interested parties, posted to the City's website, and a legal notice publish in the local newspaper. At the close of the 30 days there were no comment letters received as part of the project. Based on the analysis, there were numerous mitigation measures incorporated into the study related to esthetics, air quality, biological resources, cultural resources, geology, hazardous materials, noise and traffic. With implementation of these various mitigation measures it was determined all impacts tied to the project would be less than City Council Minutes Regular Meeting - January 27, 2015 3 significant. There are no significant impacts associated with this project MND is the appropriate course of action for clearance. There was also a mitigation monitoring program, which is a methodology for mitigation measures to be monitored and carried forward and makes it enforceable for the measures being implemented as project build -out occurs. Mr. Mueller stated the wells will be constructed in phases; the two largest phases are the drilling phase and the equipping phase; the drilling phase would start in this fiscal year and is budgeted through Water Fund and Capital Improvement Projects, approximately $3.5 million. The equipping phase is approximately $3.5 million and would be in next year's budget. Mayor Pro Tern Saab asked about the life -span of the wells. Mr. Mueller stated the City has 20 active wells. Eighteen of the twenty wells are over 50 years old and starting to age. Eventually the City needs to begin to eliminate some of the wells by retiring them. There is approximately a 50 year time frame for well life. Mayor Marquez opened this item for Public Comment at 7:24 p.m. Herman, 90242 Downey, stated the report is not clear about the estimated cost for the program, He requested information on why there is no environmental impact report, funding of the project, the number of gallons the wells hold, are the wells going to be installed applicable to Federal and State standards. Mr. Ashimine, advised the document is a Mitigated Negative Declaration and Environmental Impact Report is only required when there is significant impact associated with the project that cannot be mitigated. We were able to identify numerous mitigation measures that did reduce those impacts to below significant. Mr. Mueller stated funding for the project had a large span of time before implementing a rate increase. The reason for the rate increase was to fund operations and improvements for these types of project. As to the number of years, some of the wells are 60 and 80 years old. The City has seen the reduction in capacity of those wells to the point that each time the wells is rehabilitated it becomes less and less efficient and the wells need to be replaced. For Cities that rely on other agencies for water such as Metropolitan Water District, the rates are significantly higher as a result of the cost of the water and the environmental impacts that water has on our State. Groundwater is a tremendous resource for the City. The money that is spent on this project is money well spent to increase the reliability of the City's water supply system. Drilling of new wells is regulated by LA County and State Department of Health Services and the Department of Water Resources and must comply with all requirements in terms of installation and construction. They will also be out to inspect during construction. We will not actually know the number of gallons the wells will hold until the drilling phase is completed. The City is hoping it will be 2500 gallons per minute. There was mention in terms of water storage and that is handled by another regional agency that replenishes the water, not the City of Downey. Mayor Pro Tern Saab confirmed the City is not voting on funding this project. The Council is being asked to vote on the Resolution on the agenda. City Attorney Abich Garcia stated yes. It was moved by Mayor Pro Tern Saab and seconded by Council Member Vasquez and so ordered by Mayor Marquez to close the Public Hearing at 7:31 p.m. It was moved by Council Member Brossmer, seconded by Council Member Vasquez and carried unanimously, to adopt the Resolution. City Council Minutes Regular Meeting — January 27, 2015 4 2. AMEND SECTION 9806 OF THE DOWNEY MUNICIPAL CODE PERTAINING TO APPEALS OF A PLANNING COMMISSION DECISION AND THE CALL FOR REVIEW PROCESS: Community Development. A. INTRODUCED ORDINANCE NO. 15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO SECTION 9806 OF THE DOWNEY MUNICIPAL CODE PERTAINING TO _APPEALS OF A PLANNING COMMISSION DECISION AND THE CALL FOR REVIEW PROCESS. Mayor Marquez opened the Public Hearing at 7:32 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Council Member Vasquez, seconded by Mayor Pro Tern Saab, and so ordered by Mayor Marquez to receive and file. City Clerk Jimenez noted there was no correspondence received. William Davis, City Planner, stated the item before the Council is an opportunity to have a role in the decision - making process when issues come up affecting Planning Commission decisions. As the policy - making body of the City, the Council provides direction on development or activities in the City. The Planning Commission has the opportunity to enforce and regulate decisions on various land -use issues. There are times when land use issues come up that are problematic for a Council Member or a member of the community and there is an appeal process in place that allows appellants to appeal Planning Commission decisions to the City Council. Recent issues arose when a Planning Commission decision was controversial and members of the City Council sought ways to appeal that decision but discovered there were problems with the process that made it difficult for members of the City Council to appeal beyond the scope and nature of your role as a Council Member. The item before the Council is an opportunity to amend the current appeals process and allow the City Council to participate in the appeals process that make it legal and not so costly. Mr. Davis reviewed the current process with the City Council. The problem with the current process is if a Council Member appeals a Planning Commission decision with the current process, the Council Member is required to provide a letter stating your reasons for disagreeing with the decision. The problem is that if the Council Member states his opposition in a letter, that Council Member has already expressed a certain bias on the decision and when the matter is actually appealed and comes before the City Council the Council Member making the appeal cannot participate in the process. In addition, the Council Member making the appeal is required to pay the appeals fee, which is one -half of the original filing fee. Mayor Pro Tern Saab confirmed the current process requires the Council Member to pay the appeals fee, but not participate in the process. Mr. Davis responded in the affirmative. Mr. Davis stated there are other less - expensive fees; however, the Council Member requesting the appeal still cannot participate. The code amendment would require two council members to initiate a call for review within 15 days of the Planning Commission's decision. However, the Council Member would not be required to state a reasons for wanting to appeal the decision;_ therefore, the Council Member would not be expressing bias and be allowed to participate. The remainder of the process would remain unchanged. The request must be submitted to the City Clerk in the form of a letter within 15 days of the Planning Commission's decision. Mayor Pro Tern Saab asked what is the procedure for a Council Member to request an appeal, and why are two Council Members required to request the appeal, not one Council Member. City Attorney Garcia stated typically a form or a letter signed by two Council Members requesting an appeal for the item. She stated the recommendation from the Planning Commission was to request two Council Members call for review of an item. Council Member Vasquez asked if the Planning Commission stated why they recommended two Council Members. Mr. Davis stated it was a staff suggestion based on examples from other Cities. Some Cities only require one Council Member. The notion of having two is to demonstrate support by the reviewing body. City Council Minutes Regular Meeting — January 27, 2015 5 Mayor Pro Tern Saab stated he is concerned about recommending two Council Members request a call for review as a temptation for a possible Brown Act violation. Council Member Brossmer stated the concern is the Council Member who is going to challenge every decision made by the Planning Commission. He stated he understands Mayor Pro Tern Saab's concern of possible Brown Act violations. Council Member Vasquez asked, procedurally, how an appeal would occur. City Attorney` Garcia stated it would be a form that two Council Members would sign and submitted to the City Clerk. She stated there are some risks of a Brown Act Violation as there will be some temptation to talk about the merits with a third person if the Council Member does not obtain support from the first person. Mayor Pro Tern Saab stated the process will have to vet itself out. Since there is a 15 day period, there is no time to place it on the agenda and unable to have a discussion. Director Schindler stated the City Council can expand the 15 day deadline to 30 days. The only issue of extending the deadline is that it will delay someone's project. It does allow two subsequent Council Meetings to occur after a Planning Commission Meeting and the Council can call for review and obtain a second from the dais. Mayor Pro Tern Saab stated he believes it would not be a fruitful discussion on the merits of the appeal; it would become too politicalized by the discussion on whether to have the hearing or not. City Manager Livas stated both are valid points. The question is how you get to a point if you did have two Council Members request an appeal without having a Brown Act violation. Mr. Davis stated staff reviewed several different City policies. The City of Whittier has a one Council Member requirement, with a 21 day review period, and the request is done during Council Member requests on the agenda. The reasons cited by Council Members are the reasons why Cities do it various ways. Mr. Davis stated the majority of Cities have one Council Member, with the request conducted during the Council Member comments during a Council Meeting. City Attorney Garcia stated in her experience the request has been done by two Council Members completing a form or submitting a letter or done at the dais. With one Council Member it is the same process, written or requested at the dais. City Manager Livas asked about the concern of extending the appeal process to 30 days and the concern that the process will become politicized. He noted the merits of the project will not be discussed; it would be a request by two Council Members that they would like to request an appeal. Mayor Pro Tern Saab stated he does not believe two Council Members are necessary. The political process is going to be the checks and balances. He does not believe one Council Member habitually requesting items be appealed will be an issue. Council Member Ashton asked if there is a Council Member who is consistently requesting Planning Commission decisions are brought back for City Council review, is there a fee the Council Member would pay. Council Member Brossmer stated in that case the City Council can bring that item back for a amendment. Mayor Marquez opened the item for Public Comment. Herman, 90242 Downey, read from and commented on the Ralph M. Brown Act. City Council Minutes Regular Meeting — January 27, 2015 $ City Attorney Garcia stated that the speaker's comments should mean that he does not like the proposal being considered by the City Council. The procedures the speaker read from the Brown Act are the sections applicable on how to cure a violation of the Brown Act. What the City is proposing here is consistent with the Brown Act. The sections the speaker is quoting are not applicable to this item. These sections are widely used by Cities and are consistent with the Brown Act. Council Member Ashton confirmed this action does not take away any citizen rights to protest an action of the Planning Commission. City Attorney Garcia responded in the affirmative, noting any citizen can still appeal any Planning Commission decision even if a Council Member were to call for a review. Having no one further come forward, it was moved by Mayor Pro Tern Saab, seconded by Council Member Vasquez and so ordered by Mayor Marquez to close the Public Hearing at 7:53 p.m. Council Member Brossmer clarified the Council is recommending one Council Member is required to call for a review of a Planning Commission's decision. City Attorney noted in the Ordinance, Section C2, the changes to the Code are underlined. The Call For Review is Section C; C2 is Notification and Timing which will say, "Any member of the City Council may initiative a call for review of a decision of the Planning Commission..." It was moved by Council Member Brossmer, seconded by Mayor Pro Tern Saab, and unanimously carried to introduce the Ordinance with an amendment to Section C2 to read, "Any member of the City Council may initiate a call for a review of a decision of the Planning Commission." NON - AGENDA PUBLIC COMMENT Marissa Castro - Salvati introduced herself as the Public Affairs Interim Regional Manager for Southern California Edison. Pastor Isaac Thompson, Love, Peace and Happiness Church, reported on his attendance at a Community Development Block Grant public meeting. He stated he believes there is an omission of Senior Housing Assistance in the development of the City. Herman, 90242 Downey, commented on damaged sidewalks and street repairs in the City. Roy Beard, thanked the City Council for hiring Andrew Stevens, City of Downey Emergency Preparedness Manager, and thanked the Fire Department for their diligence in the candidate search. Having no one else come forward, Mayor Marquez closed Public Comment at 8:07 p.m. CONSENT CALENDAR Council Member Ashton pulled Item No. 9. It was moved by Council Member Brossmer, seconded by Council Member Vasquez and unanimously carried to approve the remainder of the Consent Calendar. 3. APPROVED MINUTES: Regular and Special Meetings of November 25, 2014 and Special Meeting of January 13, 2015: City Clerk. 4. WARRANTS ISSUED: Warrant Nos. are 291032 — 291269; Wire Nos. 30003273, 30003275 — 30003276 and 30003278; Manual Wire No. 1307; Voided Check No. 291121, in the total amount of $3,058,776.25: Finance. City Council Minutes Regular Meeting — January 27, 2015 5. AUTHORIZED SOLICITATION FOR BIDS FOR TREE TRIMMING MAINTENANCE SERVICES: Public Works. 6. AUTHORIZED THE MAYOR TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH CORRAL CONSULTING IN ORDER TO PREPARE THE HEALTHY DOWNEY STRATEGIC PLAN: Parks & Recreation. 7. APPROVED THE AWARD OF THE FY -2015 HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS GRANT FROM THE CALIFORNIA OFFICE OF EMERGENCY SERVICES (CAL OES) IN THE AMOUNT OF $18,794; APPROPRIATE $3,759 TO PAY FOR THE CITY'S 20% COST - SHARE; AND, AUTHORIZED STAFF TO CONTRACT WITH RISK MANAGEMENT PROFESSIONALS, INC. (RMP) TO ASSIST IN THE REVISIONS AND UPDATES TO THE CITY OF DOWNEY HAZARDOUS MATERIALS AREA PLAN (AREA PLAN): Fire. 8. APPROVED THE UPDATED LEGAL SERVICES AGREEMENT WITH MCCUNE & HARBER: City Attorney. 10. ADOPTED RESOLUTION NO. 15 -7538, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE SUBMITTAL OF TRANSPORTATION IMPROVEMENT PROJECT APPLICATION FOR THE 2015 LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (METRO) CALL FOR PROJECTS: Public Works. 11. ADOPTED RESOLUTION NO. 15 -7539, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING FERNANDO VASQUEZ, COUNCIL MEMBER, AS THE REPRESENTATIVE AND ALEX SAAB, MAYOR PRO TEM, AS THE ALTERNATE, AND ANIL H. GANDHY, DIRECTOR OF FINANCE AND INFORMATION TECHNOLOGY, AS THE SUBSTITUTE ALTERNATE REPRESENTATIVE TO THE GOVERNING BOARD OF THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA): Administration. 12. APPROVED THE USE OF THE COLUMBIA MEMORIAL SPACE CENTER BY ASSEMBLYMEMBER CRISTINA GARCIA TO CONDUCT A SWEARING -IN CEREMONY COMMUNITY EVENT: Administration. 13. ADOPTED THE BUDGET CALENDAR FOR FY 2015/2016: Finance. OTHER BUSINESS 9. APPROVED AMENDMENT NO. 1 TO AN EXISTING PROFESSIONAL SERVICES AGREEMENT WITH DOWNEY ART VIBE IN AN AMOUNT NOT TO EXCEED $30,000; AND, APPROVED THE ASSIGNMENT AND ASSUMPTION OF SAID PROFESSIONAL SERVICES AGREEMENT TO THE CRAWFORD GROUP AND AUTHORIZED THE CITY MANAGER TO EXECUTE SAID AMENDMENT AND ASSIGNMENT: Community Development. Council Member Ashton requested clarification on the fiscal impact of $30,000. He stated further into the amendments it states there is a $57,000 compensation and another $30,000. City Attorney Garcia stated this is an amendment of an existing contract. The $57,000 was for the first phase of work already completed and paid. When an amendment is conducted staff leaves the previous amount on the contract, and augments the provision by adding the additional work for phase two of $30,000. It was moved by Council Member Ashton, seconded by Council Member Vasquez and unanimously carried to approve staff's recommendation. City Council Minutes Regular Meeting — January 27, 2015 ADMINISTRATIVE REPORTS 14. ADOPTED RESOLUTION NO. 15 -7540, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A TRADITION IN WHICH THE SECOND CITY COUNCIL MEETING IN JANUARY WILL ADJOURN IN REMEMBRANCE OF THE APOLLO 1 ASTRONAUTS, THE STS -51 -L CHALLENGER SPACE SHUTTLE CREW AND THE STS -107 COLUMBIA SPACE SHUTTLE CREW: Mayor Marquez. Mayor Marquez stated he placed this item on the agenda because it is important to memorialize these accidents and believes it is fitting designating the second Council Meeting in January in honor of the crew members. Mayor Pro Tern Saab asked as to the timing of the events and recognition. Council Member Ashton stated there were multiple disasters: one occurring on January 26, and the other on February 1. Establishing the date as the second meeting in January will allow the Council to memorialize both. Mayor Marquez opened this item for Public Comment. Having no one come forward Mayor Marquez closed Public Comment. It was moved by Mayor Marquez, seconded by Council Member Ashton and unanimously carried to adopt the Resolution. 15. CITY OF DOWNEY'S ENERGY ACTION PLAN: Public Works. A. RECEIVED AND FILED A PRESENTATION ON THE ENERGY ACTION PLAN, BY KW ENGINEERING, THE CITY'S PROJECT CONSULTANT; AND, B. ADOPTED RESOLUTION NO. 15 -7541, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE COMPREHENSIVE ENERGY ACTION PLAN. Director Mostahkami introduced Antonio Huizar and David Gilliland, KW Engineering, to provide a presentation regarding the City's Energy Action Plan. Mr. Huizar reviewed the City's Energy Action Plan and history. Mr. Huizar stated the Global Warming Act is a law established in 2006 requiring Cities to reduce energy usage back to 1990 levels by 2020, which is a 15% savings from current usage. David Gilliland stated the first step was to collect all the data of energy usage by the City and analyze the data. Water distribution and street lighting make up a big portion of electricity consumption in the City. Then the 14 highest energy consuming buildings were reviewed. From the 14 buildings selected, they make up 80% of the total building stock of energy consumption. As a whole, the water distribution makes up 46% of the total usage. This is a major portion of energy and was a prime focus of the study. All of the public facilities combined is 25% of total usage. Street lighting is 21% and parks and miscellaneous buildings make up the remainder. The goal is to concentrate on the bigger usages and that will get the City to its goals. Mr. Gilliland reviewed the breakdown by City Facilities: Police Station being the highest user. There are some buildings that are not on the top energy user list. Once we have identified where the City is using energy, the engineers can figure out where to save energy. The 14 buildings are the potential for the highest savings of energy in the City. Mr. Gilliland reviewed the process for reviewing the highest energy usage sites and based on the studies they come up with a list of projects they believe will be good energy savings projects and be cost effective. In depth calculations are conducted to determine the actual on bill energy savings and calculate the cost to install projects. Then the payback is determined for each project and utility incentives. As the plan was being developed, a number of projects were identified and assisted the City in finding a number of City Council Minutes Regular Meeting — January 27, 2015 9 opportunities to leverage Southern California Edison (SCE) and other agencies to get free services. Downey enrolled with SCE Direct Install Program and at no cost to the City SCE came in and installed new fluorescent lighting; upgraded reflector kits, removed fluorescent lights from existing fixtures, replaced other lights with LEDs, and installed occupancy sensors. At no cost to the City saved approximately 160 kilowatt hours of savings, approximately $24,000 of savings. The projects identified are listed based on cost effective determination and overall savings potential. The water distribution is a very large portion of the City's energy consumption. Linkus, through Edison and at no cost to the City, came in to analyze the savings potential of upgrading wells, and identified a number of wells that need overhauling and rehabilitation and programs to improve pump control as well as improving the SCADA System. He stated pumps are being run for 24 hours. The reason the energy is so much is because the pumps do need work and updating and the goal is to bring that level down to more consistent aspects of the City. Linkus identified a project at a cost of $900,000 to implement, and based on the estimate it would save 1.8 million kilowatts annually or $160,000 savings per year. The second largest energy user was the conglomeration of all the City facilities. The projects listed are identified across multiple City -owned facilities and the report has a detailed breakdown of the proposed measures: total project costs savings of 1.4 million kilowatts or $215,000 per year and include interior lighting and controls, exterior led lighting upgrades and controls, replacing existing roofing with cool roof material; replacing aging rooftop HVAC equipment; replacing shower heads and water fixture aerators for lower flow options, and installing photovoltaic systems at many of the facilities. Mayor Marquez asked if the City is using cool roofing materials for the Police Department and City Hall. Director Mostahkami stated yes, the City is using cool roofing materials. Council Member Brossmer asked how many years before the projects break even. Mr. Gilliland stated it does vary because equipment has varying lifespan. For lighting projects, there is an aim of under two years of payback. If you look at the individual projects, there is a 1.6 year payback. The tables in the report show a line by line breakdown of all the projects. Our proposal to stage projects with Public Works is to do the most cost effective projects first. Council Member Brossmer stated at his home he has a variable speed pump; he asked if this is the type of pump they are recommending. Mr. Gilliland stated yes, just having the drive on the pump does not necessarily do everything you need it to do; you need to have the control system. Director Mostahkami referred Council to page 66 of the report with a table outlining the energy savings and payback time. Mr. Gilliland stated the street lighting plan is to retrofit the city -owned street lights which is different from the SCE -owned street lights. A plan to retrofit 1600 fixtures with LE -Ds and the energy network was brought on to determine the savings. The SCE fixtures are currently expensive to buy back from SCE before a project can be conducted. In 2013, AB 719 mandated that SCE come up with a plan by July 1, 2015. Their mandate is to provide a cost effective option to have the Cities buy them from SCE and retrofit the lights for them. Mr. Huizar stated Downey is at the Silver Level as far as energy savings already performed. In order for Downey to be at the Gold Level the City needs to approve the Energy Action Plan in order to obtain incentive rates. Mr. Huizar reviewed Downey's baseline from 2006 to current based on the projects already implemented, noting the City is already below the goal savings. Mr. Huizar stated the City needs to adopt an Energy Action Plan; conduct community outreach and education; and, set policy and guidelines. In total it will be approximately $4.5 million in savings, and the Council can start identifying specific projects as noted in the report for a total of $500,000 a year in savings. City Manager Livas noted there are a lot of little things done to reduce the City's consumption. Mayor Marquez invited the public to comment on this item. Having no one come forward, public comment was closed. City Council Minutes Regular Meeting — January 27, 2015 10 It was moved by Council Member Vasquez, seconded by Council Member Ashton and unanimously carried to receive and file a presentation on the Energy Action Plan, by KW Engineering. It was moved by Council Member Brossmer, seconded by Council Member Ashton, and unanimously carried to adopt the resolution. STAFF MEMBER COMMENTS Mr. Livas commented on the recent infrastructure work and thanked Director Mostahkami and Mr. Oskoui for their work on the projects. Council Member Brossmer asked when the next finalize accouterments will be installed in Downtown. Mr. Oskoui stated at the next Downtown Subcommittee a review of the project will be conducted and decision on the flow of the progress of the project from now until completion. Mr. Livas thanked the Lakewood Blvd. Project Subcommittee for moving the project forward. He also thanked Director Mostahkami and Assistant City Manager Oskoui. Council Member Vasquez asked if the materials for the Lakewood Blvd. have already been ordered. Mr. Livas stated the parts have been ordered and are being manufactured. The bid was approved by the City Council approximately five months ago. Director Mostahkami stated the bus shelters have arrived and are waiting to be installed. The project will move forward after a Subcommittee Meeting review and approval. Mayor Marquez thanked staff for their work. ADJOURNMENT Mayor Marquez, at 8:43 p.m., adjourned the City Council Meeting in Memory of the Crew of Apollo One, Jan 27th, 1967; the Crew of the Space Shuttle Columbia, Jan 28th, 1986; the Crew of Space Shuttle Challenger Disaster, Feb 1st, 2003; and, Duane Croom, brother of retired Fire Chief Lonnie Croom; and, the servicemen who perished this past week during Operation Enduring Freedom: Sgt. 1st Class Ramon S. Morris, 37, of New York, New York; and Spc. Wyatt J. Martin, 22, of Mesa, Arizona. ADRIA M. JIMENE CMC City Clerk City Council Minutes Regular Meeting — January 27, 2015 11 LUIS H. MARQU Mayor