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HomeMy WebLinkAbout01. Minutes - 03-23-10 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING MARCH 23, 2010 The City Council of the City of Downey held a Regular Meeting at 7:33 p.m., March 23, 2010, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Anne M. Bayer presiding. PRESENT: Council Members: Anne M. Bayer Mayor Luis H. Marquez Mayor Pro Tem Roger C. Brossmer David R. Gafin Mario A. Guerra ALSO PRESENT: Gerald M. Caton, City Manager Ross Trindle, Acting City Attorney Gilbert Livas, Assistant City Manager Kathleen L. Midstokke, City Clerk Desi Alvarez, Deputy City Manager/Special Projects Mark Sauter, Deputy City Manager/Emergency Services Scott K. Pomrehn, Assistant Deputy City Manager Rick Esteves, Police Chief John Michicoff, Finance Director Thad Phillips, Community Services Director Brian Ragland, Public Works Director Brian Saeki, Community Development Director Jeff Turner, Fire Chief Susan Domen, Deputy City Clerk Other City Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Council Member Guerra noted he attended the Keep Downey Beautiful clean-up on Saturday along with Mayor Bayer; helped with a petition signing at Stonewood Mall for the League of California Cities; attended a Contract Cities Board of Directors Meeting last week in the City of Commerce; and attended a Downtown Subcommittee meeting today; stated that he passed out Prevent Child Abuse Week giveaways to the Council to commemorate the week; mentioned that his son was in a car accident last night and that wearing his seatbelt saved his life; commended the Police Department for everything they do; requested that a Property Tax audit be conducted; that another Dine-in-Downey event be scheduled; that staff research the possibility of a Walk of Fame on Downey Avenue; that the Farmers Market be moved to Downey Avenue; that the Traffic Calming applications be given to the Police Department to monitor for speeders; and to look at using volunteers to fill frozen City positions. -1- City Council Minutes 03/23/10 Council Member Gafin reminded everyone that the ARC Walk will be held on Saturday. Council Member Brossmer noted he attended the Downtown Subcommittee meeting, the Theatre Subcommittee meeting and wished Mayor Bayer good luck at the State of the City luncheon on Friday. Mayor Pro Tem Marquez encouraged everyone to attend the ARC Walk and support a worthy organization. Mayor Bayer reminded everyone to fill out their census forms and mail them in and announced that the City will be conducting a mulch give-away on Saturday. PRESENTATIONS: Mayor Bayer presented Certificates of Recognition to Neighborhood Watch Block captains in honor of their anniversaries in this role. Mayer Bayer presented a Certificate of Recognition to Julio and Juanita Barrera in honor of their sponsorship of military banners. Mayer Bayer presented a Proclamation declaring March 27, 2010 as Arc Walk for Independence Day. PUBLIC HEARINGS: 1. PROPOSED SANITARY SEWER RATE INCREASE: Public Works. A. ADOPTED RESOLUTION NO. 10-7182, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING SANITARY SEWER RATES FOR THE CITY OF DOWNEY AND REPEALING SECTION 4 OF RESOLUTION NO. 05-6861. opened the Public Hearing Mayor Bayer at 7:54 p.m. City Clerk Midstokke affirmed receipt of Proof of Publication and receipt of Affidavit of Posting. It was moved by Council Member Gafin, receive and file seconded by Council Member Guerra and so ordered to . City Clerk Midstokke noted that 40 written protests had been received. It was moved by Council Member Brossmer, receive and file. seconded by Council Member Gafin and so ordered to Council Member Marquez left the dais at 8:00 p.m. Public Works Director Ragland presented a Power Point presentation explaining that the State Water Resources Control Board (SWRCB) adopted the General Waste Discharge Requirements (GWDR) in May of 2006. As a result, the City must develop and adopt a Sewer System Management Plan (SSMP). He explained that currently our system is 193 miles of clay pipe ranging from 6” to 21”. There are over 4,000 manholes in the City, the Blandwood Road and True Avenue lift stations, and County Sanitation Districts of Los Angeles County (CSDLAC) trunks and treatment. Most of the sewers are over 50 years old. He noted that our system is comparable in overflows with other local agencies; however, one major spill can trigger fines and regulatory actions from the Environmental Protection Agency (EPA), Regional Water Quality Control Board (RWQCB) rd and 3 parties. He explained that being in compliance with statewide requirements protects us from these types of actions. He continued by explaining that 5% of the system was inspected and 7% of the pipes require repair/rehabilitation or replacement. The goal is to inspect the entire system within 5 years and re- -2- City Council Minutes 03/23/10 inspect in 5 -30 years. The sewer lift stations will also need replacement. The consultant is recommending the implementation of a system-wide cleaning program (3 year cycle); expand “hot spot” cleaning program; the expansion of the chemical root control program from spot locations to 4.5 miles/year; purchasing a computer software system for sewer maintenance and management; purchasing a trailer-mounted video inspection unit, jetting, and spill-response equipment (pump, piping); replace truck-mounted cleaning unit in 5 years; and provide additional management, technical, and safety training to increase dedicated sewer staff. He mentioned that the projected budget cannot be sustained through the current sewer revenue and that the rates have not been raised since 1997 and only twice in last 25 years. The creation of a self-sustaining Sewer fund would eliminate current transfers from the General and Water funds and the new rate structure will pay for the ongoing operational and maintenance costs as well as provide a reserve funding for capital improvements and unscheduled expenses. If the City does not become compliant with State law it could result in fines and regulatory actions as well as third party lawsuits. With the proposed raise in rates, Downey would still remain one of the lowest of the surrounding Cities. The remaining task is for the Council to approve the Resolution. Unidentified speaker, resident of Downey, suggested that the City should be responsible for any equipment located on City property not the citizens and questioned what City workers know anything about sewer rehabilitation. Norman Horney, resident of Downey, read his previously submitted protest. Bill Manassian, resident of Downey, stated his support for the increase. Christopher Avila, resident of Downey, noted he is a planner for utilities and stated that this is not being done equitably in the single family homes category as the new mcmansions house many more residents than the typical single family home and should be paying higher fees. . Elsa Van Luven, resident of Downey, stated the City should have started the process sooner and that she would like to see bonds for this work instead. Estella Macharo, property owner, noted that there are increases in everything these days and they all add up. She also stated that she feels this should be coming out of the Property Tax revenue. Brian Hayman, resident of Downey, mentioned he had filed a written protest and is disappointed that only 40 owners filed protests. He feels that the rate increase is too high and should have required 50% to opt into raising the rates rather than opt out. He criticized the accountability and attitudes received from staff members. Acting City Attorney Trindle made a point of order and requested that everyone keep their comments focused on the sewer rate increase only. Harold Tseklenis, resident of Downey, congratulated the utilities department for finally addressing the problems and noted that during the mansionization discussions the question was raised about what the impacts would be on an aging system. He agrees there should be an increase but feels the way the rates are determined needs to be addressed differently for single family homes. It was moved by Council Member Brossmer, seconded by Council Member Gafin and so close the Public Hearing the time being 8:37 p.m. ordered to Acting City Attorney Trindle noted that at the close of the Public Hearing a total of 43 written protests had been received, far below the required amount. -3- City Council Minutes 03/23/10 Council Member Guerra stated he is anti-tax and anti-debt and feels that Bond Measures are why the State is in the debt it is in now. He agrees the drastic increase in the amount seems silly, however this can no longer be subsidized out of the General Fund and is glad that it is finally being addressed. Council Member Gafin stated that the sewer system needs repair and feels the rates should be based on usage which would give equality to smaller families. He concluded that the City needs to look to the future. It was moved by Council Member Brossmer, seconded by Council Member Gafin and adopt the Resolution and unanimously carried, noting the absence of Mayor Pro Tem Marquez, to establish sewer rates. 2. RECEIVED AND FILED WITHDRAWAL OF APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT NO. 09-01 – INSTALLATION OF 38’ TALL, 18” DIAMETER, T-MOBILE WIRELESS COMMUNICATIONS FACILITY IN PARKING LOT OF COMMERCIAL PROPERTY AT 7375 STEWART AND GRAY ROAD: Community Development. Mayor Bayer noted that the hearing would not be held due to the withdrawal of the appeal by the appellant. It was moved by Council Member Brossmer, seconded by Council Member Gafin and so receive and file the withdrawal of ordered, noting the absence of Mayor Pro Tem Marquez, to appeal. recessed reconvened The meeting at 8:48 p.m. and at 8:56 p.m., noting the absence of Mayor Pro Tem Marquez. NON-AGENDA PUBLIC COMMENT: Estella Macharo, property owner, asked what happens to the water after it is sanitized and City Manager Caton explained that we send the water to a plant and re-buy some of it as reclaimed water for use at parks, center medians and the golf course. Gary Head, resident of Downey, passed out flyers to the Council and invited everyone to th attend an event on March 27 at Mambo Grill raising money for Downey Art Vibe and Avenue Arts. Amir (unknown last name), owner Valero Gas Station, stated he is having trouble getting the proper signage he needs for his business and was directed to speak with Community Development Director Saeki after the meeting. John Lacey, resident of Downey, extended his prayers to the Guerra and Marquez families; suggested the City could save money by extending an invitation to the public and to organizations requesting donations to support projects throughout the City; and stated that he is looking forward to seeing 7 laptops on the dais someday. -4- City Council Minutes 03/23/10 CONSENT ITEMS REMOVED: None. CONSENT CALENDAR: It was moved by Council Member Gafin, seconded by Council Member Guerra, and approve the Consent unanimously carried, noting the absence of Mayor Pro Tem Marquez, to Calendar items as recommended: 3. APPROVED CITY COUNCIL MINUTES:: Regular and Adjourned Meetings March 9, 2010 City Clerk. 4. APPROVED WARRANTS ISSUED: Warrant Nos. 248139 – 248535; Wire Nos. 566 – 570 : and 30002105 – 30002113; in the total amount of $3,472,889.36 Finance. 5. DISCOVERY SPORTS COMPLEX SOCCER FIELD TURF RENOVATION: AUTHORIZED STAFF TO SOLICIT INFORMAL BIDS TO RENOVATE THE ATHLETIC TURF AND APPROPRIATED $29,000 FROM THE CAPITAL PROJECT FUND: Public Works. 6. APPROVED CHAMBER OF COMMERCE STREET FAIRE PERMIT FOR SATURDAY, MAY 1, 2010 ON BROOKSHIRE AVENUE: Administration. 7. ADOPTED RESOLUTION NO. 10-7183, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING FISCAL YEAR 2009-10 PROPOSITION 1B LOCAL STREETS AND ROADS FUNDING EXPENDITURE PLAN: Public Works. ADMINISTRATIVE REPORTS: 8. RECEIVED AND FILED REPORT OF ADMINISTRATIVE ACTIONS TAKEN TO FURTHER MITIGATE THE ESTIMATED $4,789,000 IN DECREASED REVENUES: Finance. Finance Director Michicoff presented a staff report noting that the Budget Review sub- committee (Council Members Gafin and Guerra) met with staff and discussed several reductions to the unexpected portion of the remaining budget. $4,526,000 in reductions were agreed upon. They resulted from cutting the Library hours by 1 hour Monday – Thursdays ($40,000); labor and benefits for hiring freeze ($2 million); liability/equipment charges ($1.2 million); operational savings ($709,000); cancel equipment purchases ($452,000) and capitol projects ($165,000). This leaves a $2,997,000 deficit. It is suggested that it comes from the reserves, leaving the balance at $35,503.000. Council Member Brossmer commended the ad-hoc committee and Director Michicoff on their hard work and asked if $3,000,000 is an acceptable deficit to maintain for the next year or so and was told that it is an optimistic point to maintain. Council Member Guerra commended staff for making sacrifices to help balance the budget and stated that next year’s budget is going to be tough. Council Member Gafin mentioned that this was an unnerving process that they took it seriously. He thanked staff for their efforts and noted that the vital positions will be filled. It was moved by Council Member Guerra, seconded by Council Member Gafin and so to receive and file the report. ordered, noting the absence of Mayor Pro Tem Marquez, -5- City Council Minutes 03/23/10 9. CONSIDERATION OF A PUBLICLY FUNDED 2010 FOURTH OF JULY FIREWORKS CELEBRATION: Administration. City Manager Caton presented the staff report noting that staff was asked to look into the possibility of canceling the celebration this year, stating that public funding should not be used; however, staff could try to raise the funds to cover the costs. Council Member Brossmer stated the need to take a close look at expenditures and challenged Deputy City Manager Sauter to raise the funds for the event with a review in 6 weeks to determine the possibility. Council Member Guerra noted his agreement with Council Member Brossmer and stated that since many of the costs attributed to the event will occur anyway, such as extra Police and Fire, he would like to see it become a cost neutral event, removing the extra personnel from the bottom line. Council Member Gafin noted his agreement that the use of public funds at this time is reckless; however, if the funds can be raised then he is in favor of holding the event. Acting City Attorney Trindle clarified that the Council would still need to vote on the item presented and could direct staff to come back with other alternatives. It was moved by Council Member Guerra, seconded by Council Member Brossmer and direct staff to find a way unanimously carried, noting the absence of Mayor Pro Tem Marquez, to to fund the event other than public funds. 10. ESTABLISHED A VETERANS MEMORIAL AD HOC CITY COUNCIL SUBCOMMITTEE: Administration. Assistant Deputy City Manager Pomrehn presented a staff report requesting that an Ad Hoc subcommittee be formed to review the current areas throughout the City where a memorial would be appropriate, how to improve or expand existing memorials and how to fund them. Mayor Bayer nominated Council Members Brossmer and Gafin to serve on the subcommittee. Council Member Brossmer noted the funding should be donation based and that he would be honored to serve on the subcommittee. Council Member Gafin mentioned he would be honored to serve on the subcommittee; however, he would be deferring his nomination to Council Member Guerra who stated his desire. It was moved by Council Member Brossmer, seconded by Council Member Gafin and form an Ad Hoc unanimously carried, noting the absence of Mayor Pro Tem Marquez, to subcommittee with Council Members Brossmer and Guerra. Two unidentified speakers stated they would make donations and their employers, Sempra Energy and Southern California Edison had matching donation programs, and challenged others to do so as well. 11. RECEIVED AND FILED DEMONSTRATION AND PREVIEW OF THE CITY OF DOWNEY WEBSITE UPGRADE: Community Development. -6- City Council Minutes 03/23/10 Economic Development Director Perfitt presented a Power Point presentation on the website upgrade project. He noted the site should be going live within the next month and that the project objectives were to redesign and consolidate, decentralize management and maintenance, create a scalable website, integrate existing online programs and to add new programs. Council Member Guerra mentioned he served on the subcommittee and the goal was to get a user friendly appeasing, interactive, etc. website. Council Member Brossmer thanked staff for the work in converting the website and encouraged that the upgrades for bill payments and class registrations be implemented in a timely manner. Council Member Gafin congratulated staff and the subcommittee on the new site, stating that it is a night and day difference. Mayor Bayer asked if it has the capability of telling how many hits the site receives and was told yes. It was moved by Council Member Brossmer, seconded by Council Member Gafin and receive and file the unanimously carried, noting the absence of Mayor Pro Tem Marquez, to report. 12. AMENDED CITY MANAGER’S EMPLOYMENT AGREEMENT AND APPROVED MEMORANDUM OF AGREEMENT (MOU) WITH ASSISTANT CITY MANAGER FOR THE PROPER TRANSITION OF THE MANAGEMENT OF THE CITY: City Attorney. th Acting City Attorney Trindle presented a staff report explaining that this is the 6 amendment to the City Manager’s contract which provides a definite day for the transition of the management to Assistant City Manager Livas and provides for an agreement between the City and Mr. Livas for his promotion and acceptance of the City Manager’s position at that time. He concluded that this will provide for a smooth transition and a savings of $365,000 in the current City Manager contract. Council Member Guerra thanked City Manager Caton for his 22 years of service and noted that he is well known with an excellent reputation throughout other cities. Council Members Brossmer and Gafin expressed their agreement on Mr. Caton’s excellent service and noted these agreements are simply to ensure a smooth transition. It was moved by Council Member Brossmer, seconded by Council Member Gafin and amend the City Manager’s unanimously carried, noting the absence of Mayor Pro Tem Marquez, to agreement and approve a MOU with Assistant City Manager Livas. OTHER BUSINESS: Mayor Bayer recognized Commissioner Lee Ann Sears in the audience. CONSENT ITEMS REMOVED: None. -7- City Council Minutes 03/23/10 STAFF COMMENTS: City Manager Caton thanked the Council for their kind words and noted that it is good for staff to know who their next leader will be. He explained that Assistant City Manager Livas had received other offers of employment and this ensured that the City would be able to retain him. ADJOURNMENT: The meeting adjourned at 10:00 p.m. to 6:30 p.m., April 13, 2010. ___________________________________ ____________________________ KATHLEEN L. MIDSTOKKE, City Clerk ANNE M. BAYER, Mayor -8- City Council Minutes 03/23/10