HomeMy WebLinkAboutMinutes 06-09-15 Regular MeetingMINUTES OF
i CIL OF OF DOWNEY
REGULAR MEETING
JUNE 9, 2015
The City Council of the City of Downey held a Regular City Council Meeting on June 9, 2015, at
6:37 p.m., in the Council Chamber of the Downey City Hall, 11111_ Brookshire Avenue, Downey,
California, Mayor Marquez presiding.
PRESENT: Council Members.'
Luis H. Marquez
Alex Saab
Sean Ashton
Roger C. Brossmer
Fernando Vasquez
Mayor
Mayor Pro Tern
Council Member
Council Member
Council Member
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 Pastor Aaron Gurrola, The Vine Christian Fellowship Church.
The Flag Salute was led by Chief Carl Charles, Downey Police Department.
COUNCIL :i - i UNCEMENTS; REQUESTS FOR AGENDA
CONFERENCE/MEETING ` !i
Council Member Ashton thanked everyone for attending tonight's meeting. He acknowledged
the Warren High School CIF Champion Tennis Team and the Youth Commissioners in the audience.
He reported on the Transit System meeting held last Monday to discuss the Downey Link Transit
System and mentioned he is looking forward to the upgrade which will save the City money. He
reported participating in the Keep Downey Beautiful clean -up event on Saturday. He reported attending
the Relay for Life event at Columbus High School in support of cancer survivors. He reminded the
audience to attend the upcoming Roof Top Concert Series, that will begin on June 24th` with the
performance of the Slugger O'Tooles Irish Band and the Open House at the Rio Hondo Golf Club
scheduled for June 28 th
Council Member Vasquez reported attending a meeting with Edison and Parks and Recreation
Director Salazar to discuss ways to increase park usage in areas where Edison has utility quarters. He
hopes in the next couple of meetings they will be able to identify some areas and a plan of action for
additional park space for recreational use. He congratulated the members of the Greek Church
community for a successful Greek Festival event which he attended this past weekend. He reported
attending a meeting today with Director Salazar and the Stay Healthy Downey group to complete their
strategic plan that will lay a blueprint and foundation on how they will continue to move forward with
health and wellness in the community.
City Council Minutes
Regular Meeting — June 9, 2015 1,
Mayor Pro Tern Saab welcomed everyone to tonight's meeting. He acknowledged Bob Arthur,
Cerritos College Trustee; Dan Latham, Emergency Preparedness Coordinator; Jonathan Fonte,
Downey Association of Realtors; and, the City of Downey Youth Commissioners, whom he thanked for
serving the City. He thanked all those who participated and organized the Relay for Life event. He
acknowledged Council Member Brossmer for being instrumental and being an emcee and past Chair of
such a wonderful event. He reported attending the Greek Festival and mentioned that it was very well
attended and thanked the Greek Church for holding the event. He announced the upcoming Rio Hondo
Golf Club Community Open House and Music on the Green Event to be held June -28th from 3 p.m. - 5
p.m. and reminded everyone that the golf course is owned by the City residents and it is a great event
to attend. He commented on the summer events at the Columbia Space Center and encouraged
everyone especially those with young family members to participate. He congratulated the Warren and
Downey High School students on their graduations and promotions.
Mayor Marquez commented on the Relay for Life Event and acknowledged Council Member
Brossmer, the staff and volunteers for a great event. He reported speaking at the Cancer Survivors Day
event at Kaiser Hospital last Friday where doctors, nursing staff, cancer patients and survivors are
acknowledged and thanked Kaiser for allowing him the honor to participate. He was happy to announce
that last week the City began the Slurry Seal project which will allow the repair of 49 street segments to
preserve the life of the asphalt. He explained that residents will be notified of the commencement of
work on their street through a door hanger and advised residents to contact the Public Works
Department with any questions regarding the project. He announced that the Sothern California
Association of Governments published their 2015 local profile report on the City of Downey which
provides current information and data on population, housing, employment and education using
average figures from Los Angeles County as a competitive baseline. He stated the City is going in the
right direction thanks to City staff and current and former Council Members who have ensured
preserving the quality of life for the residents by making public safety a number one priority. He
reminded the audience that on Friday, July 12th KNX 1070 AM (On Your Corner) will be broadcasting
live at Porto's Bakery between 1 p.m. and 7 p.m. KNX will be highlighting the City of Downey and will
interview members of the community on the City's history and also promote and highlight what is
currently happening. The Mayor added that he is scheduled to be on the radio live between 1 p.m. and
1:30 p.m. He announced the Roof Top Concert series is scheduled to begin June 24th, and mentioned
that the first concert will be, "A Toast of Ireland" with performances by Slugger O'Toole accompanied by
the Kerry Dance Troupe, Mayor; Marquez announced the City will be holding the Rock and Ride event
during the Veteran's Day weekend on Saturday, November 7th which will consist of a long distance bike
ride with a 32 mile loop from Downey to Long Beach and back and the Community Freedom, a 6 mile
loop in Downey. He advised the audience to visit the City website or call Parks and Recreations for
additional information.
1. Mayor Marquez and the City Council presented a certificate to the Irish Center of Southern
California for their Host Town Donation to the Special Olympics. Arlene Salazar, Director of Parks
and Recreation assisted the Mayor with presenting the certificate to Torn McConville, President of
the Irish Center of Southern California and Consul General of Ireland /Chief of Protocol Finbar Hill.
2. Mayor Marquez and the City Council presented a certificate of recognition to the Warren High
School Boys Tennis Team for their CIF Championship.
3. City Clerk Adria Jimenez assisted Mayor Marquez with the introduction of new City Employee Maria
Alicia Duarte, Deputy City Clerk. City Manager Gilbert Livas and City Attorney Yvette Abich Garcia
acknowledged and thanked Katrina Julian, Municipal Law Clerk, for her work in the Downey City
Attorney's Office.
4. Mayor Marquez and the City Council presented Certificates of Recognition to the Outgoing Youth
Commissioners. The Youth Commission presented a PowerPoint presentation on their
accomplishments this past year.
City Council Minutes
Regular Meeting — June 9, 2015 2
19. RECEIVE AND FILE REPORT AND PROVIDE DIRECTION REGARDING SOUTHERN
CALIFORNIA EDISON (SCE) POWER POLE 4kV -12kV CONVERSION REPLACEMENT
PROJECT: Public Works. (This item was taken out of order.)
Marissa Castro- Salvati, Interim SCE Region Manager presented a PowerPoint on the _Maxine
Circuit_ Replacement Project scope of work. In the presentation Ms. Castro - Salvati provided information
on the following: Keeping the grid reliable for customers, information on why the project is needed, an
overview of the project which will replace 4 kilovolt (kV) circuits to 12 (kV) circuits with the replacement
of 73 poles and the installation of 36 transformers as well as upgrading equipment in underground
structures. A project map overview, project schedule, public outreach and outage information were
reviewed.
Council "Member Vasquez thanked Ms. Castro- Salvati for providing the information and keeping
the residents informed.
Council Member Ashton inquired how long the residents will be without power. Ms. Castro- Salvati
stated that residents could be without power for up to 12 hours.
Council Member Ashton stated he was under the impression the work could be performed without
power outages. C.J. Magana from Herman Weissker, Inc. explained that having the power outage
would ensure the safety of the crew and the residents and having a 12 hour power outage would help
to complete the work faster without having to impact the residents with multiple power outages.
Council Member Ashton expressed his concern for the length of time of the power outage and the
residents being able to maintain their refrigerated food in good condition.
Ms. Castro- Salvati offered to provide an update at the next Council Meeting and said they will
divide the work in phases to minimize the impact to the residents.
Council Member Ashton inquired as to how many phases and how long could each phase be. Mr.
Magana stated 6 to 7 phases, 10 to 12 hours each.
Mayor Marquez expressed the importance of communication to the affected residents and
requested that an update be provided to Council a month after the project has started.
It was moved by Council Member Ashton, seconded by Mayor Pro Tern Saab, and so ordered by
the Mayor to receive and file the report.
PUBLIC HEARING
1. FISCAL YEAR 2015/16 LIGHTING AND LANDSCAPING DISTRICT (ASSESSMENT DISTRICT 121):
Public Works.
1. CONDUCTED A PUBLIC HEARING AND, UPON THE CONCLUSION OF THE PUBLIC
HEARING,
2. ADOPTED RESOLUTION NO. 15 -7564, ARESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY CONFIRMING LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT
121 FOR FISCAL YEAR 2015/2016.
Mayor Marquez opened this item for Public Comment at 7:45 p.m. City Clerk Jimenez affirmed
receipt of the Proof of Publication. It was moved by Mayor Pro Tern Saab, seconded by Council
Member Vasquez and so ordered by the Mayor to receive and file. City Clerk Jimenez noted there was
no correspondence received.
City Council Minutes
Regular Meeting — June 9, 2015 3
Council Member Brossmer asked if there are any programs offered by Edison to assist the City
with offsetting the costs involved to retrofit existing lights to LED. Director Mostahkami stated it would
beat the City's expense to retrofit the lighting. Council Member Brossmer asked Ms. Castro - Salvati
why there are no programs in place to assist cities with upgrading to LED lights. Ms. Castro - Salvati
stated currently there are no tariffs in place for LS1 lights owned by Edison to be retrofitted to LED but
LS2 lights can be upgraded if the City pays for them. Council Member Brossmer asked if there are any
rebates available to assist the City. Ms. Castro - Salvati stated their Major Accounts Representative can
discuss the energy efficient programs related to the LS2 lights.
Council Member Vasquez asked Director Mostahkami for the percentage of existing LS2 lights
versus LS1 and LS3 lights. Director Mostahkami stated that out of 6,000 lights 4,500, are Edison owned
LS2 lights.
Council Member Brossmer asked if there is a timeframe as to when tariffs will be in place for the
LS1 lights. Ms. Castro- Salvati stated she does not have an estimated time but she will advise the City.
Director Mostahkami provided the staff report regarding the Landscape and Lighting Assessment
District 121 for Fiscal Year 2015/2016 which is the assessment that the City collects every year for
lighting improvements and maintenance, traffic signal maintenance and landscaping maintenance of
public trees on City streets and rights -of -way.
Council Member Brossmer asked Director Mostahkami who pays for the electricity on the lights
owned by Edison since he noticed a 10% increase in the rates. Director Mostahkami stated the City
pays the electricity costs. Council Member Brossmer expressed his concern regarding the increase in
energy costs paid by the City on the lights owned by Edison and their neglect to make the lighting
efficient. Director Mostahkami stated that through an Assembly Bill Edison is required by the end of
June to devise a plan on how they will upgrade their lights to LED efficient and even though the City will
bear the cost, it will be done through a credit program.
Council Member Vasquez asked Director Mostahkami if there is a timeline as to when Edison is
required to have this plan implemented. Director Mostahkami stated he is not aware of a timeline
requirement.
Mayor Marquez requested that Council be updated when the information is available.
Mayor Pro Tern Saab asked if the City's lobbyist could be advised. City Manager Livas stated staff
would contact the lobbyist and noted this issue has been discussed before with the Gateway Cities.
Council Member Vasquez asked the City Manager if Contract Cities or the League of California Cities
could be involved in this matter. City Manager Livas said he will bring it up during the Gateway Cities
City Manager's next meeting. Mayor Marquez asked staff to involve the State Representatives as well.
Mayor Marquez opened this item for Public Comment.-
Resident, no name provided, agreed with Council Member Brossmer's comments on the costs for
lighting being incurred by the City and no partnership from Edison. He voiced his concern regarding
future taxes that will be incurred by the residents.
It was moved by Council Member Brossmer, seconded by Council Member Vasquez and so
ordered by Mayor Marquez to close the Public Hearing at 7:56 p.m.
It was moved by Council Member Vasquez, seconded by Mayor Pro Tern Saab and unanimously
carried, to adopt the resolution confirming Lighting and Landscaping Assessment District No. 121 for
Fiscal Year 2015- 2016.
City Council Minutes
Regular Meeting — June 9, 2015 4
Resident, no name provided, commented on the need to comply with ADA requirements on City
sidewalks,_ streets, parks and recreational activities and facilities.
Louise Hicks, resident, commented on her concerns regarding individuals who suffer from mental
disabilities and homelessness. She requested Council's support with her "Go Mental" Campaign.
Downey Elks invited the City Council to join them for dinner on July 22nd at the Elks Lodge in
honor of the Special Olympics Athletes.
Rita Rodarte -Myers and Dan Latham, Downey Relay for Life, presented the City Council with an
award for their support of the Relay for Life event. Ms. Rodarte -Myers thanked the City Council and
staff for their participation at the event. She commended the Public Works staff for their assistance.
Wayne, resident,_ voiced his concerns regarding the illegal fireworks in the area of Bellflower and
Foster. He requested clarification regarding the City's code on the maintenance of front lawns. City
Manager Livas stated that the City Council is equally concerned about the illegal fireworks and
measures being taken to address this issue are increasing fines and issuing citations. He ensured that
Police and Fire will continue in their efforts to decrease the number of incidents. In regards to the water
conservation measures City Manager Livas explained the Community Development Department will be
presenting an ordinance to Council tonight regarding water conservation measures which will address
front lawn maintenance.
Council Member Ashton pulled Item No. 10. At the request by a member of the public Mayor
Marquez pulled Item Nos. 3, 6 and 17. Mayor Marquez abstained from Item Nos. 4 and 6 because the
projects fall within 500 feet from his residence.
It was moved by Council Member Vasquez, seconded by Council Member Brossmer, and
unanimously carried, to approve the remainder of the Consent Calendar with Mayor Marquez
abstaining from Items Nos. 4 & 6.
2. WARRANTS ISSUED: Warrant Nos. 294424 - 294768; Wire Nos. 30003328 - 30003332; Manual
Wire Nos. 1342 - 1345, Cashier's Check Nos. 77 -78, in the total amount of $2,511,784.48:
Finance.
City Council Minutes
Regular Meeting - June 9; 2015 5
3. APPROPRIATED $123,499.61 FROM ASSET FORFEITURE FUNDS TO PURCHASE 112
DIGITAL ALLY FIRSTVU BODY WORN CAMERAS AND ACCESSORIES ($84,671.16), AND A
DELL POWEREDGE R520 SERVER WITH DELL EQUALLOGIC PS6100E HIGH CAPACITY
STORAGE AND NETWORKING ($38,828.45) FOR USE BY POLICE DEPARTMENT
PERSONNEL: Police.
Resident, no name provided, suggested that cameras worn by officers be turned on at the
beginning of their field assignment and turned off until they return with the exception of the one hour
break. He requested additional information and clarification regarding the Dell Poweredge Server.
City Manager Livas stated the Dell Poweredge Server will be used to _download and store the
recordings from the body worn cameras.
It was moved by Council Member Brossmer, seconded by Mayor Pro Tern Saab and carried
unanimously, to appropriate $123,499.61 to purchase 112 Digital Ally Firstvu Body Worn Cameras
and Accessories, and a Dell Poweredge Server.
10. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH RMI INTERNATIONAL, INC.,
TO PROVIDE PUBLIC PARKING SECURITY SERVICES IN THE DOWNTOWN AREA:
Community Development.
Council Member Ashton asked if there was a bidding process for this service. City Manager
Livas stated that there was no RFP issued for this service and recommended going out to bid at
some point since it has been three years.
Council Member Ashton asked that next the service go through the bid process next year
Council Member Brossmer agreed.
It was moved by Mayor Pro Tern Saab, seconded by Council Member Brossmer and carried
unanimously to approve a professional services agreement with RMI International, Inc. to provide
;public parking security services in the downtown area.
17. AWARDED A FOUR YEAR MAINTENANCE CONTRACT FOR TREE TRIMMING
-
MAINTENANCE SERVICES TO UNITED PACIFIC SERVICES, INC.; AUTHORIZED THE MAYOR
TO EXECUTE THE AGREEMENT IN A FORM APPROVED BY THE CITY ATTORNEY; AND,
AUTHORIZED CITY MANAGER TO EXECUTE ANY AMENDMENTS OR ADDITIONAL SCOPE
OF WORK FOR THIS PROJECT, DEEMED NECESSARY OR DESIRABLE UP TO THE
APPROVED PROJECT BUDGET: Public Works.
Resident, no name provided, referenced the Downey Municipal Code regarding trees. He
commented on the need to maintain City trees which are overgrown.
It was moved_ by Council Member Brossmer, seconded by Council Member Vasquez and
carried unanimously to award a four year maintenance contract for tree trimming services to United
Pacific Services, Inc.
City Council Minutes
Regular Meeting — June 9, 2015 7
Resident, no name provided, commented on the costs for the Video Detection Upgrade Project.
It was moved by Council Member Brossmer,- seconded by Council Member Vasquez and
carried 4 -0 -1, with Mayor Marquez abstaining to accept the video detection upgrades as complete;
approve the final construction contract; appropriate an additional amount of $12,000 to cover the
total project cost; and, authorized the Public Works Director to file the Notice of Completion with the
Los Angeles County Recorder's Office.
.•.
• I W 1 r ' r - r • • ''r • r • r • -
• A r •
1. RECEIVED STAFF . -, • ON STATE—MANDATED WATER USE REDUCTIONS
AND PROPOSED AMENDMENT TO ORDINANCE RELATEr TO WATER CONSERVATION
REGULATIONS r RESTRICTIONS;
2. WAIVED THE READING INTRODUCED AND ADOPTED ORDINANCE
NO. 15-1340, A URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DOWNEY AMENDING - OF DOWNEY MUNICIPAL •r
AS IT RELATES TO WATER CONSERVATION • r; RESTRICTIONS;
AND,
3. WAIVED THE READING r INTRODUCED AN ORDINANCE OF
COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE Vill, CHAPTER 3.5, OF TH
DOWNEY MUNICIPAL • (r •, WATER CONSERVATIO
REGULATIONS r RESTRICTIONS.
Dan Mueller, Principal Engineer, provided a PowerPoint presentation regarding State Water
Conservation Emergency Regulations which included the following information:
Emergency Drought Declaration — In January 2014, a State of Emergency was declared due to
severe drought conditions and impact on, drinking water supplies, crops, plants and animals. In April
2014, an Executive Order was issued due to severe drought conditions which allowed the State Water
Board to establish a mechanism to ensure compliance. In April 2015, a new Executive Order was
issued due to the lack of rain and snow which directed the State Water Board to impose a 25% State
wide reduction in potable water use. In July 2014, the State Board adopted emergency water
conservation regulations by placing restriction on outdoor water use, establishing penalties for
violations and establishing reporting requirement for water utilities set to last 270 days. In March 2015,
the July regulations were extended and amended to add restriction on restaurants, hotels /motels, and
no irrigation during rain events. In May 2015, the State board adopted emergency water conservation
regulations extending restrictions from July 2014 and March 2015 and in June 2015, the City of
Downey was ordered to reduce potable water use by 20% and State mandated water waste
prohibitions for outdoor water use were implemented which include, prohibiting the following: potable
water runoff from landscape irrigation areas; wash down of driveways and sidewalks; washing motor
vehicles without using a hose equipped with a shut off nozzle; use of potable water in decorative water
fountains /features unless equipped with recirculating systems; serving drinking water unless requested
at all eating /drinking establishments; and requiring hotels /motels to provide the option of not having
towels /linens laundered daily and displaying the information on these options to guests. Additional
prohibitions are no potable water irrigation during and within 48 hours after measurable rain and
potable water irrigation of turf on street medians. New Home and building water irrigation systems must
comply with CA Building Standards Commission and Department of Housing and Community
Development requirements.
City Council Minutes
Regular Meeting — June 9; 2015 8
Non - compliance of State mandated regulations can carry a fine of up to $500 per day. In addition,
Urban Water Suppliers are required to implement necessary water use restrictions and to submit
monitoring reports to the State Board. Non- compliance with State requirements, is punishable by fines
up $10,000 per day or injunctions.
The City of Downey's Water Conservation Compliance Program consists of adopting an
Urgency Ordinance amending the DMC to achieve immediate and long term water conservation goals,
educating the public and enforcing compliance.
Council Member Vasquez asked what the average depth is to reach underground water. Mr.
Mueller stated 50 to 80 feet for ground surface. Council Member Vasquez clarified his question and'
asked what the depth is for pumping water. Mr. Mueller stated 300 feet to 1,000 feet in some cases.
Mayor Pro Tern Saab asked Mr. Mueller to advise the audience what would be three things they
can implement to reduce_ water usage. Mr. Mueller stated: monitoring outdoor water use; reducing
washer and dishwasher usage; ensuring there are no leaks; and, taking vehicles to be washed at
commercial car wash locations. Mayor Pro Ter Saab asked Mr. Mueller if residents are being
encouraged to report their neighbors. Mr. Mueller stated they do receive calls and are following up and
informing residents about the regulations. Mayor Pro Ter Saab asked if the schools are educating
children on water conservation. Mr. Mueller stated they are working with a consultant for public
information. Mayor Pro Tern Saab asked if the golf course is using recycled water. Mr. Mueller stated
both Los Amigos Golf Course and Rio Hondo Golf Course are using recycled water.
Council Member Ashton asked if there is a list of the top ten water users that the City can
directly contact. Mr. Mueller stated they have a list for industrial, commercial, residential, and multi-
family customers and have begun to reach out to them.
Mayor Marquez stated the importance to lead by example and asked what the City is doing to
implement the water conservation measures. Mr. Mueller stated half of the City parks are on recycled
water, and they have also reduced the number of days for watering as well as monitoring street median
watering systems to remotely turn them off on rainy days.
Mayor Pro Tern Saab asked if any workshops are being scheduled for the residents. Mr. Mueller
stated they have reached out to the Metropolitan Water District to coordinate a workshop and hope to
be able to do it at the end of June or the beginning of July.
It was moved by Council Member Vasquez, seconded by Council Member Ashton and approved
unanimously to waive the reading in full, introduce and adopt Urgency Ordinance No. 15 -1340, an
Urgency Ordinance of the City Council of the City of Downey amending Article VII, Chapter 3.5, of the
Downey Municipal Code as it relates to water conservation regulation and restrictions.
It was moved by Mayor Pro Tem Saab, seconded by Council Member Vasquez and approved
unanimously to waive the reading in full, and introduce an Ordinance of the City Council of the City Of
Downey Amending Article VII, Chapter 3.5, of the Downey Municipal Code as it relates to Water
Conservation Regulations and Restrictions.
STAFF MEMBER COMMENTS: City Manager Livas had no comments.
City Council Minutes
Regular Meeting — June `9, -2015 9
At 9:10 p.m. Mayor Marquez adjourned the Regular City Council Meeting in Memory of the
servicemen who perished this past week Petty Officer 3rd Class Ryan D. Burris, 24, of Lisle, Illinois;
Sgt. 1st Class Pablo A. Ruiz, 37, of Melbourne, Florida; and, Mrs. Nelvin Marie Ellis, 80, mother of
City Council Minutes
Regular Meeting — June 0.2O15 10
1� -- Z
LUIS H. MARQUE5�6y:;,�