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HomeMy WebLinkAboutMinutes 06-22-10 Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JUNE 22, 2010 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:32 p.m., June 22, 2010, in the Council Chamberof the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairperson Anne M. Bayer presiding. PRESENT: Council Members/Commissioners: Anne M. Bayer Luis H. Marquez Roger C. Brossmer David R. Gafin Mario A. Guerra Mayor/Chairperson Mayor ProTem/Vice-Chairperson ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Edward W. Lee, City Attorney/Agency Counsel Joyce E. Doyle, Chief Deputy City Clerk/Secretary Desi Alvarez, Deputy City Manager/Special Projects Brian Saeki, Community Development Director Mark Sauter, Deputy City Manager/Emergency Services Scott K. Pomehn, Assistant Deputy City Manager Other City Staff PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None. APPROVED CLOSED SESSION MINUTES: June 8, 2010. It was moved by Council Member/Commissioner Brossmer, seconded by Council Member/Commissioner Gafin and so ordered to approve the minutes. RECESSED TO CLOSED SESSION: Mayor/Chairperson Bayer announced the Council/Commission is recessing to Closed Session (6:33 p.m.) to discuss matters under the authority of the following section of the Government Code: 1.Government Code Section 54957.6 – Conference with labor negotiator Gerald Caton re: direction for labor negotiations with City Employees Association – Miscellaneous and Maintenance; Public Safety Auxiliary; Executive Management, Middle Management and Confidential/Exempt; Firemen’s Association; Fire Management; Police Officers Association; Police Management. City Council/Community Dev. Comm. Minutes (adj.) 06/22/10 -1 - RECONVENED: The meeting reconvened in Open Session at 7:30 p.m. dth all Council Members/ Commissioners present. There were no actions to report. ADJOURNMENT: The meeting adjourned at 7:30 p.m. JR a mmJDOYLE, Chief Deputy City Clerk/Secretary City Council/Community Dev. Comm. Minutes (adj.) 06/22/10 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JUNE 22, 2010 The City Council of the City of Downey held a Regular Meeting at 7:34 p.m., June 22, 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 Luis H. Marquez Roger C. Brossmer David R. Gafin Mario A. Guerra Mayor Mayor Pro Tem ALSO PRESENT:Gerald M. Caton, City Manager Edward W. Lee, City Attorney Joyce E. Doyle, Chief Deputy City Clerk Desi Alvarez, Deputy City Manager/Special Projects Mark Sauter, Deputy City Manager/Emergency Services Scott K. Pomrehn, Assistant Deputy City Manager 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 announced he attended the Contract Cities Legislative and Audit meeting this morning, the Independent Cities Association tour last week of the F-18 plant at Northrup Grumman in El Segundo, and the Downey Regional Medical Center Board of Directors meeting this morning; he thanked staff for their help in hosting the delegation from China last week; attended a dinner at the Biltmore Hotel with the Los Angeles Mayor Villaraigosa, Governor Schwarzenegger and the China delegation; requested that all contracts for the City be given to qualified local businesses first; requested to the Council reconsider assisting car dealers to help promote shopping here; and requested that the City look into taking over the OASIS Senior program and holding it at the Barbara J. Riley Center. Council Member Gafin noted his agreement at the City taking over the OASIS program; announced that he attended the Soroptimist installation; the City will be having a celebration at Downey High School on the 4th of July with field events from 10:00 a.m.-4:00 p.m., music and food booths from 5:00 p.m.-8:30 p.m., opening ceremonies from 8:30 p.m.- 9:00 p.m. and the fireworks presentation at 9:00 p.m.; he noted there are $41,400 in donations and wished everyone a Safe and Sane 4th of July. City Council Minutes 06/22/10 -1 - Council Member Brossmer noted he attended the Trash Collection and the Learning Center subcommittee meetings, and the Chamber of Commerce installation luncheon; he stated that the Oasis program is a great asset and he is in support of the City taking it over. Mayor Pro Tem Marquez noted his agreement that 10% of redevelopment projects should go to local companies; and wished everyone a happy 4th of July and encouraged everyone to attend the fireworks show at Downey High School. Mayor Bayer recognized commissioners Lee Ann Sears and Maria Larkin in the audience, announced a used oil filter exchange at Kragen Auto Parts on June 26th and there will be an extra leaf collection in June; and invited everyone to the 4th of July Extravaganza at Downey High School. PRESENTATIONS: Mayor Bayer and Council Member Guerra presented Certificates of Appointment to Public Works Committee members for Districts 2 and 4. PUBLIC HEARINGS: 1.PROPOSED BUDGET FOR 2010-1 1 FISCAL YEAR:Finance A. ADOPTED RESOLUTION NO. 10-7196, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE FISCAL YEAR 2010-1 1 BUDGET WITH IMPLEMENTING DOCUMENTS. The Public Hearing was opened at: 7:48 p.m. The City Clerk affirmed receipt of Proof of Publication. It was moved by Council Member Brossmer, seconded by Council Member Gafin and so ordered to receive and file the proof of publication. Finance Director Michicoff noted that a study session was held on June 9th where staff presented an overview of the budget and the Council and citizens were allowed to ask questions. The total proposed budget is $147,486,765 with $67,909,933 allocated to the General Fund, Special Revenue $53,500,323 and Enterprise Funds $26,026,509. The General Fund is divided into Police $30,787,983; Fire $17,080,449; Community Services $6,964,946; General Government $5,778,698; Public Works $4,962,541; and Development Services $2,335,366. General Fund Revenues are: Property Taxes $21,038,606; Sales Taxes $11,220,429; Other Taxes $11,726,325; Services Fees $5,161,191 ; 1nterest and Rent $3,448,040; Permits and Fees $2,757,800; 1ntergovernmental $2,432,397; and Other $2, 149,610. He explained that there has been a significant decrease in revenues in the last 3 years and management and staff have curtailed expenditures. The revenue concerns that the General Fund revenues are down 9%; Golf Course revenues 7% and Water Utility revenues 5%. He continued that we are in a time of fiscal uncertainty with the lingering State deficit ($19.1 billion), deferral of Gas Tax revenues until April 2011 ; economic recovery duration; auto dealership closures; property taxes as housing market stabilizes; water fund operation; and equipment replacement. This affects service levels with an enforced modified hiring freeze for non-critical positions (8% city-wide vacancy); and negotiations of all City labor agreements due this year. While staff will maintain expected service levels there will be a minor reduction to available programs; the elimination of contract Building Inspectors; and an expansion of sanitary sewer maintenance. The opportunities and challenges with this budget are: $45.6 million in capital projects (streets, sewer, Redevelopment Agency); Downey Regional Medical Center; third year that most equipment and requests for new programs are being deferred; status of aging water system; attracting and retaining businesses; and theater operation costs. City Council Minutes 06/22/10 -2- Steve Figueroa questioned the amount of funds being allocated to public safety for training of officers, suggested working with returning war veterans, and suggested compensation for the Steven Bours family. It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Marquez and so ordered to close the Public Hearing the time being 8:04 p.m. Council Member Guerra noted that staff worked really hard to keep as many programs as possible. He stated that 3 years ago the City made a $12 million profit and put it away for a rainy day. He is proud of the low crime and the Fire department and commended staff for the budget. Council Member Gafin thanked staff and City Manager Caton for the work put into this budget Mayor Pro Tem Marquez thanked staff stating it is not an easy task to make the necessary cuts and for doing more with less while not impacting the residents. He also thanked the City Councils of the past for putting away the funds to get us through these tough financial times. Mayor Bayer stated that we are living in perilous financial times where everyone is cutting budgets and thanked staff for their efforts to continue providing services to the community with less. She also noted her disappoint that the City Council budget could not be reduced like all the other departments . It was moved by Council Member Gafin, seconded by Council Member Brossmer and unanimously carried to adopt the Resolution. Prior to the vote Council Member Guerra noted that the City Council budget had been reduced by $65,000 from last year. 2.CITY FEE RESOLUTION: Finance. A. ADOPTED RESOLUTION NO. 10-7197, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A UNIFORM SCHEDULE OF FEES. The Public Hearing was opened at: 8:13 p.m. The City Clerk affirmed receipt of Proof of Publication. It was moved by Council Member Brossmer, seconded by Council Member Gafin and so ordered to receive and file the proof of publication. Finance Director Michicoff explained that the list of fees has been reviewed by all departments and suggested changes are included. State law requires the adoption of the schedule each year. He continued noting that the primary increases are based on recapturing cost of doing business and have not been adjusted for a period of time. He concluded that the Downey Link fare will increase due to the contract with the transportation company and there will be a reduction in costs to us of $60,000, which can be used for other transit services. Council Member Guerra asked how new fees such as the Fire Department’s were determined and was told that staff analyzes the entire activity, time involved to completion and resources used to do the task. While all of the cost is not captured in the fees a reasonable amount is obtained. He then questioned why some of the fees were deleted and was told that some had other fees that are similar and they were combined to eliminate duplication. Steve Figueroa encouraged the cessation of fees and regulations that discourage business. City Council Minutes 06/22/10 -3- It was moved by Council Member Brossmer, seconded by Council Member Gafin and so ordered to close the Public Hearing the time being 8:21 p.m. Council Member Guerra stated he is happy with the fees as they are well thought out, reasonable and proactive. It was moved by Council Member Brossmer, seconded by Council Member Gafin and unanimously carried to adopt the Resolution. 3.CONSOLIDATED PLAN AMENDMENT AND SUBMISSION OF A LOAN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT: Community Development. A. ADOPTED RESOLUTION NO. 10-7198, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE CITY MANAGER TO SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AN APPLICATION FOR $3.8 MILLION IN LOAN GUARANTEE FUNDS, PURSUANT TO SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AS AMENDED. The Public Hearing was opened at: 8:22 p.m. The City Clerk affirmed receipt of Proof of Publication. It was moved by Council Member Brossmer, seconded by Council Member Gafin and so ordered to receive and file the proof of publication. Housing Manager Velasco presented the staff report explaining that this is an application for Section 108 Loan Guarantee Program through the Department of Housing and Urban Development (HUD). It is a Community Block Grant Funds (CDBG) bond financing program with a flexible repayment plan. The City has identified 3 projects for funding through this program which are: construction of multi purpose community building at Discovery park, the Apollo park improvements – demolition and site clearance of the Smallwood Transit Yard, and creating a pool of funds for economic development activities which will create jobs for low and moderate income persons. He reiterated that this is a loan and must be paid back; however, it can be paid back with the annual allocation of CDBG grant funds. He concluded that it has a 4.37% interest rate on 30 year treasury bonds Steve Figueroa noted his opposition to the City receiving this funding and indicated he will file a complaint with HUD. Dan Christea, resident of Downey, noted his objections to the City seeking this type of Federal funding. It was moved by Council Member Gafin, seconded by Council Member Brossmer and so ordered to close the Public Hearing the time being 8:38 p.m. Council Member Guerra explained that he feels this would be a mistake not to take advantage of the resources available to us and will provide for a great piece of history to be displayed . It was moved by Council Member Guerra, seconded by Council Member Brossmer and unanimously carried to adopt the Resolution. City Council Minutes 06/22/10 -4- NON-AGENDA PUBLIC COMMENT: The following people spoke in regards to the Steven Bours case: Scarlett Winters Nikki Otto Steve Figueroa Anthony Gregory Ron Bours The following people spoke in regards to the LaRouche Political Action Group and the Resolution they are requesting cities to pass and submitted a flyer to be distributed to Council: Unknown Speaker Nicole James Mrs. Parker, resident of Downey, thanked the Fire and Police Chiefs for attending the Unity in the Community picnic last week. CONSENT ITEMS REMOVED: 8.APPROVE COOPERATION AGREEMENT WITH THE DOWNEY COMMUNITY DEVELOPMENT COMMISSION FOR SPECIFIC USE OF SALES TAX REVENUES: Community Development. This item was removed at the request of City Manager Caton and is listed under Other Business below. 9.APPROVE CONSTRUCTION OF A DOG RUN AT RIO SAN GABRIEL PARK; AND APPROPRIATE $35,000 FROM THE GENERAL FUND: Administration. This item was removed at the request of Council Member Brossmer and is listed under Other Business below 13.APPROVE RENEWAL OF AGREEMENTS WITH UNITED TOWING SERVICE. INC.. DOUG’S TUG. AND TITAN TRANSPORTATION. INC. TO PROVIDE TOWING SERVICES FOR A ONE-YEAR PERIOD ENDING JUNE 30, 2011: Police Department. This item was removed at the request of Council Member Guerra and is listed under Other Business below. CONSENT CALENDAR: It was moved by Council Member Brossmer, seconded by Council Member Gafin, and unanimously carried to approve the remainder of the Consent Calendar items as recommended: 4.APPROVED CITY COUNCIL MINUTES: Regular and Adjourned Meetings June 8, 2010; and Adjourned Meeting June 9, 2010: City Clerk. 5.APPROVED WARRANTS ISSUED: Warrant Nos. 250575 - 250932: Wire Nos. 599 - 602 and 30002159 – 30002167; in the total amount of $3,199,468.58: Finance. 6.APPROVED SUBMITrAL OF GRANT REQUEST FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FISCAL YEAR 2010 LOCAL SOLICITATION: Police. 7.APPROVED RENEWAL OF AGREEMENT WITH GLOBAL LEARNING. INC. FOR TRAINING SERVICES FOR THE ASPIRE AFTER SCHOOL PROGRAM IN THE AMOUNT OF $36,525: Community Services. City Council Minutes 06/22/10 -5- 10.APPROVED EXTENSION OF AGREEMENTS WITH EDINGTON, PEEL & ASSOCIATES. INC., AND CARPI, CLAY & SMITH FOR WASHINGTON, D.C. CONSULTANT SERVICES THROUGH JUNE 30, 2011: Administration. 11.APPROVED CALMET SERVICES REQUEST FOR ANNUAL TRASH RATE ADJUSTMENT: Public Works. 12.APPROVED AGREEMENT WITH SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP (KAISER) TO PROVIDE OCCUPATIONAL HEALTH SERVICES FOR CITY EMPLOYEES: Administration. 14.CASH CONTRACT NO. 676A – SMALLWOOD TRANSIT YARD ASBESTOS AND LEAD ABATEMENT PROJECT: AUTHORIZED ISSUANCE OF A CHANGE ORDER FOR DEMOLITION OF TRANSIT YARD FACILITY; AND APPROPRIATE AN ADDITIONAL $6,900 FROM THE WATER FUND; Public Works. 15.ADOPTED RESOLUTION NO. 10-7199, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING APPOINTMENTS OF MARTIN SUSNIR, BILL MINASIAN, OCTAVIO SILVA AND JOAN FREY TO THE PUBLIC WORKS COMM11-FEE FOR COUNCIL DISTRICTS 1 AND 3: Administration. 16.ADOPTED RESOLUTION NO. 10-7200, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE POLICE DEPARTMENT TO ENTER INTO A GRANT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL FOR ACCEPTANCE AND EXPENDITURE OF GRANT FUNDS: Police Department. 17.ADOPTED RESOLUTION NO. 10-7201. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2010-1 1: Finance. 18.ADOPTED RESOLUTION NO. 10-7202, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE SUBMITTAL OF APPLICATIONS TO CALRECYCLE FOR ALL AVAILABLE GRANTS UNDER THE USED OIL PAYMENT .PROGRAM: Public Works. 19.ISSUANCE OF FRANCHISE FOR A PIPELINE SYSTEM TO PARAMOUNT PETROLEUM CORPORATION: Public Works A.ADOPTED RESOLUTION NO. 10-7203, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO GRANT AN OIL PIPELINE FRANCHISE TO PARAMOUNT PETROLEUM CORPORATION. AND SETTING FORTH THE NOTICE OF THE TIME AND DATE FOR HEARING ANY OBJECTIONS THERETO; AND B. SET PUBLIC HEARING FOR JULY 27, 2010 TO CONSIDER ANY OBJECTIONS AND GRANTING SUCH FRANCHISE. ADMINISTRATIVE REPORTS: 20.RECEIVED AND FILED REPORT REGARDING THE PROPOSED CITY BRANDING PROGRAM: Community Development City Council Minutes 06/22/10 -6- Economic Development Director Perfitt explained that during Phase 1 of the marketing program the website upgrade was completed, City brochures were updated, and the Downey Shopping and Dinning Guide was created. The next phase will include: receiving direction from a Council subcommittee, leveraging current marketing efforts, economic development initiative and incrementally implement citywide. He explained that they would decide what makes Downey unique, and design a unified and reinforced way to consistently convey the Downey brand to stakeholders. It is important that a community understand what makes it unique, that is sends a coherent message to stakeholders, is a competitive advantage and a differentiation. He noted that it is done through research and analysis of history, current and future customers, competitors, current marketing efforts, psychographics, focus groups and undercover interviews, and the creation of a brand, materials and message based on the findings. The consultant would put together 3 branding concepts, brand identity guide and custom deliverables (signage, vehicles, merchandising). He concluded that the process will take one year and cost approximately $90,000. Council Member Gafin clarified that the $90,000 is the cost of setting the program up and creating the original materials, additional materials would be additional costs in the future. Council Member Guerra noted he feels this will attract business, improve culture and expand the quality of life throughout the City. Council Member Brossmer noted his agreement and stated the time to do this type of item is now, when things are slower. Council Member Marquez agreed that the timing to do this is now. It was moved by Council Member Brossmer, seconded by Council Member Marquez and unanimously carried to receive and file the report. OTHER BUSINESS: CONSENT ITEMS REMOVED: 8.APPROVED COOPERATION AGREEMENT WITH THE DOWNEY COMMUNITY DEVELOPMENT COMMISSION FOR SPECIFIC USE OF SALES TAX REVENUES: Community Development. City Manager Caton explained that he wants to amend the agreement to reflect the City will loan the Commission the excess sales tax per Owner Participation Agreement with Champion Dodge dated June 8, 2010. It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Marquez and unanimously carried to approve the agreement. 9.APPROVED CONSTRUCTION OF A DOG RUN AT RIO SAN GABRIEL PARK; AND APPROPRIATED $35,000 FROM THE GENERAL FUND; Administration. Council Member Brossrner said that he thinks the chosen location is great, however, he is concerned with the rules and regulations and how they will be enforced. City Manager Caton responded that this item is to get Council approval for the expenditure to build the park and if passed staff would develop an implementation plan and bring back to Council for approval. City Council Minutes 06/22/10 -7- Harold Tseklenis, resident of Downey, congratulated Deputy City Manager Alvarez and Council Member Gafin for bringing forward and noted he is also concerned with the enforcement of the rules Mayor Pro Tem Marquez stated that he has been supportive of this issue as it is greatly needed in the City and he is glad to see that it is a centralized location, not on the edge of the City. It was moved by Council Member Gafin, seconded by Mayor Pro Tem Marquez and unanimously carried to approve construction and appropriate funds. 13.APPROVED RENEWAL OF AGREEMENTS WITH UNITED TOWING SERVICE, INC., DOUG’S TUG, AND TITAN TRANSPORTATION, INC. TO PROVIDE TOWING SERVICES FOR A ONE-YEAR PERIOD ENDING JUNE 30, 2011: Police Department. Council Member Guerra stated that he is happy to see the City receiving additional funds from the gross receipts and would like to see this contract go out for bid next year for a 4-5 year contract and the number of companies used reduced to 2. ' It was moved by Council Member Guerra, seconded by Council Member Gafin and carried, noting the abstention of Mayor Pro Tem Marquez, to approve the agreements. Prior to the vote, Mayor Pro Tem Marquez noted his agreement with Council Member Guerra and stated that sending it out to bid should allow for the City to gain additional revenue and he would like to see all contracts go through the bid process in the future. STAFF COMMENTS: None. ADJOURNMENT: The meeting adjourned at 9:43 p.m. to 6:00 p.m., July 6, 2010. F b WR. mEnef– kb-l’b ANNE M. BAYER, May1 City Council Minutes 06/22/10