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HomeMy WebLinkAboutMinutes 06-13-11 Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JUNE 13, 2011 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:04 p.m., June 13, 2011, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Pro Tem/Vice-Chairperson Roger C. Brossmer presiding. PRESENT:Council Members/Commissioners: Luis H. hnarquez Mayor/Chairperson (Absent/ Excused) Mayor Pro Tem/Vice-ChairpersonRoger C. Brossmer David R. Gafin Mario A. Guerra Fernando Vasquez ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Gilbert Livas, Assistant City Manager Yvette M. Abich Garcia, City Attorney/Agency Counsel Joyce E. Doyle, Interim City Clerk/Secretary Other City Staff PUBLIC COMMENT ON ADJOURNED MEETING AGENDA ITEMS: None. APPROVED CLOSED SESSION MINUTES: May 24, 2011 and June 7, 2011. It was moved by Council Member/Commissioner Gafin, seconded by Council Member/Cornrnissioner Vasquez and so ordered by Mayor Pro Tem/Vice-Chairperson Brossrner to approve the Closed Session Minutes from May 24 and June 7, 2011. RECESSED TO CLOSED SESSION: Mayor Pro Tem/Vice-Chairperson Brossmer announced the Council/Commission is recessing to Closed Session (6:0 p.m.) to discuss matters under the authority of the following sections of the Government Code: 1 2. Government Code Section 54957 – Public Employment – City Clerk Government Code Section 54957.6 – Conference with labor negotiators Yvette Abich Garcia/Irma Youssefieh re: direction for labor negotiations with Downey Fire Management Association, Downey Public Safety Auxiliary Association, Downey City Employees' Association – Maintenance Unit, and Downey Police Management Association RECONVENED: City Council Minutes (adj.) 06/13/1 1 The meeting reconvened in Open Session at 7:31 p.m. with Mayor Pro Tem/Vice- Chairperson Brossmer and Council Members/Commissioners Gafin, Guerra and Vasquez present; Mayor/Chairperson Marquez was absent. City Attorney/Agency Counsel Abich Garcia announced there were no Closed Session actions to report. ADJOURNMENT: The meeting adjourned at 7:31 p.m. r‘ JOYCE't. L+ OJ –ROG BR30 \I Vice-C1 rperson >Ynrim city Clerk/Secretary City Council Minutes (adj.) 06/13/1 1 -2 - MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JUNE 13, 2011 The City Council of the City of Downey held a Regular Meeting at 7:36 p.m.f June 131 2011, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue1 Downey1 California, Mayor Pro Tem Roger C. Brossmer presiding. PRESENT:Council Members: Luis H. Marquez Roger C. Brossmer David R. Gafin Mario A. Guerra Fernando Vasquez Mayor (arrived at 9: 14 p.m.) Mayor Pro Tem ALSO PRESENT:Gerald M. Caton, City Manager Gilbert Livas, Assistant City Manager Yvette M. Abich Garcia, City Attorney Joyce E. Doyle, Interim City Clerk Shannon DeLong, Assistant to the City Manager Rick Esteves. Police Chief John hnichicoff, Finance Director John Oskoui, Public Works Director Thad Phillips, Community Services Director Lonnie Croom, Fire Chief Shirley Conte, Secretary to the City Council Other City Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Council Member Gafin mentioned attending the Cemetery District’s Memorial Day ceremony at the Downey Cemetery; a Budget Subcommittee meeting; the Budget Study Session on June 7; the dog party at Rio San Gabriel Park; the Greek Festival; and a new neighborhood watch group on Elm Vista Drive. Council Member Vasquez mentioned attending the American Cancer Society Relay for Life event and congratulated Mayor Pro Tem Brossmer for his support of the event, noting the Downey Kiwanis Club also participated. He also noted attending the Greek Festival. Council Member Guerra advised he attended the Relay for Life event; the dog party at Rio San Gabriel Park; an Army Advisory Board meeting; and the Greek Festival on June 4. He acknowledged the Boy Scouts in the audience, noting he had asked staff to contact local Boy Scout troops to invite them to present the colors at the upcoming concerts in the park. He noted he and Mayor Pro Tem Brossmer attended the American Red Cross’ Hometown Heroes event last week in Pico Rivera honoring people who have made a difference in their community and advised Isaac Medina, President of Warren High School’s Red Cross Club was honored. He explained that he and a group of 17 participants will leave from City Hall tomorrow morning at 6: 00 a.m. to head to Kansas City, Missouri, to represent the City in the All America City finals and explained Downey is a finalist in the 26 remaining cities from over 700 originally considered. He acknowledged Sister Kathleen, Principal of St. Raymond Catholic School, in the audience. City Council Minutes 06/1 3/1 1 -1- Mayor Pro Tem Brossmer noted the Greek Festival and Cancer Walk were great events and commended Police, Fire and Public Works for their input. He also said the Red Cross Hometown Heroes event was great and noted Warren High School’s Red Cross Club does a lot for the community. He wished the All America City group good luck and felt they had a great chance of WInnIng PRESENTATIONS : Mayor Pro Tem Brossmer introduced Executive Director of the Columbia Memorial Space Center, Scott Pomrehn, who explained the Center’s inaugural robotics competition and thanked Mr. Yamasaki from Warren High School, Allan Janka from Downey High School and school Principals Houts and Harris for their support of the event. Certificates of Recognition were presented to winning teams, Last Minute, first place, The Yams, second place, Domo Arigatos, third place and Last Takis, first place in doubles Mayor Pro Tem Brossmer called upon Mr. Michael Murray, President of the Chamber of Commerce and a City Planning Commissioner, who presented a plaque to the City in appreciation of staff’s assistance with the Chamber’s Annual Street Faire. PUBLIC HEARINGS: 1.LIGHTING AND LANDSCAPING DISTRICT, ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2011-12: Public Works A. ADOPTED RESOLUTION NO. 11-7269, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2011-12. Mayor Pro Tem Brossmer opened the Public Hearing at 7:54 p.m. Interim City Clerk Doyle affirmed receipt of the Proof of Publication. It was moved by Council Member Gafin, seconded by Council Member Guerra, and so ordered by the Mayor Pro Tem to receive and file. Public Works Director Oskoui explained that the Lighting and Landscaping Act of 1972 prescribes the proceedings required to take place each year to enable assessment fees to be imposed and collected. He noted in March the Council ordered the Engineer to prepare the annual assessment report through adoption of Resolution 11-7256 and on May 24 the Council adopted Resolution 11-7265 approving the Engineer’s Report and, with the adoption last year of Resolution 10-7266, set the date for the public hearing tonight. He advised the Council declared its intention to levy and collect assessments, noting Lighting and Landscaping District 121 entails 6 lighting zones and 1 landscape zone. He advised that the assessments for Fiscal Year 2011-2012 will not be increased and will remain unchanged. The City will use $263,680 in general property tax funds for lighting assessment zones and a total of $1.3 million will be generated through direct assessments. Council Member Gafin referred to Exhibit 3, Table 3, costs incurred, questioning why Zone 1 drastically dropped and is then expected to go up about 30 percent next year and Mr. Oskoui advised it is due to increases in energy costs and maintenance. Council Member Gafin referred to the deficit noted in Zone L, stating we are now at the maximum rate that can be charged and Mr. Oskoui reiterated that the recommendation for 2011-2012 remain unchanged but did note that the six zones will be reviewed next year for consideration to adjust them. He noted Zone L is encroaching into the general fund and is not self-sufficient. Council Member Gafin said, in looking at the balances, they are continually going down and should be back to balance by 2012-2013. Mr. Oskoui responded this is partly due from the City staying with the bear minimum maintenance requirements. He said for assessment districts you have a five year horizon and allocate projected expenditures and expected revenues and set the rates accordingly City Council Minutes 06/1 3/1 1 -2- There being no speakers, it was moved by Council Member Gafin, seconded by Council Member Guerra, and so ordered by Mayor Pro Tem Brossmer to close the Public Hearing, the time being 8:04 p.m. Council Member Gafin stated his concern that next year staff look at 100 percent maintenance and what needs to be done to reach that point. There being no further discussion, it was moved by Council Member Gafin, seconded by Council Member Guerra, and unanimously carried 4-0, noting the absence of Mayor Marquez, to adopt the Resolution. 2.APPROVED AND AUTHORIZED SUBMISSION OF THE 2011-12 ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM: Community Development. Mayor Pro Tem Brossmer opened the Public Hearing at 8:05 p.m. Interim City Clerk Doyle affirmed receipt of the Proof of Publication. It was moved by Council Member Guerra, seconded by Council Member Gafin, and so ordered by Mayor Pro Tem Brossmer to receive and file. Housing Manager Velasco presented a PowerPoint program noting Council is being asked to consider the Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) program for 2011-2012. Staff recommends approving the action plan for fiscal year 2011- 2012 and authorizing the City Manager to submit the action plan to the Department of Housing and Urban Development (HUD). He noted the action plan serves as the City’s application for both grants and provides HUD with the specific projects and activities the City will undertake. He said the City received a significant reduction in both grants, 16.5 percent in CDBG funds and 12.2 percent in HOME funds and will receive $1.3 million in CDBG funds and $700,654 in HOME funds. He estimated the City will take in $135,000 in program income and will also have a balance with HUD of $606 , 106 He reviewed recommended programs for the distribution of funds, noting the biggest portion, about 42 percent, is for home improvement programs, followed by monies recommended for housing development listed as Community Housing Development Organization (CHDO) projects and a commitment with HUD loans which will take up about 16 percent of the total resources followed by general administration costs for both the CDBG and HOME programs and funds for Code Enforcement and public service activities. He noted page 3 1ists the projects and allocations recommended along with what was approved last year and where cuts have been made. He pointed out HUD limits spending to not more than 15 percent of the block grants for public service activities and limits what can be utilized for general administration. Staff feels the City can utilize funds and accomplish the following activities: Under home improvement activities, fund 33 loans, paint 32 homes, address lead hazards in 30 homes and improve accessibility for disabled units. In the homeless objectives criteria, funds can be used to house 5 families. The HOME funds include an allocation for assisted living units, such as The View project where construction will begin next year along with the demolition of the Verizon building. Under the category for public service activities1 limited to 15 percent, each grantee from the previous year was included with cuts of 16.5 percent Council Member Vasquez, upon information from City Attorney Abich Garcia, noted he will abstain from voting on the line item regarding The View housing project due to a possible conflict of interest through his former employer, but will vote on everything else. Council Member (,uerra referred to page 6 of the Action Plan where priorities are listed and requested that the True Lasting Connections program be given a higher prioritY to increase the allocation to this program and Mayor Pro Tem Brossmer and Council Member Vasquez agreed. City Council Minutes 06/1 3/1 1 -3- Mayor Pro Tem Brossmer referred to the number of homes, 33, painted through the Senior Paint and fix up program and noted the average cost per home is $14,600 and felt this was much higher than the general market cost and felt the City should be able to paint more homes through the $482 ,000 allocated . Mr. Velasco explained that staff in many cases is dealing with homes in bad shape along with the abatement of lead and asbestos and this requires staff training and a lot of preparation. He noted abatement is required for anything more than 20 square feet or when a project is over $5,000 There being no speakers, it was moved by Council Member Gafin, seconded by Council Member Guerra and so order by Mayor Pro Tem Brossmer to close the Public Hearing, the time being 8:29 p.m. Council Member Guerra felt the senior painting program cost per home needs to be more manageable and wanted to put a $5,000 allocation amount for the TLC program. He questioned what the adult literacy program does and was advised it provides one-on-one tutoring with funds received from the State with the City applying matching funds. Assistant City Manager Livas referred to hard costs in the organizations in the public service activities category where possibly staff could make a substitution to free up some social service money and suggested Mr. Velasco go back to these organizations and review this. Mayor Pro Tem Brossmer suggested continuing the matter to the meeting on June 28 and Mr. Velasco noted we would be late with our submission but noted it will still be received. It was moved by Council Member Guerra, seconded by Council Member Gafin, and unanimously carried 4-0, noting the absence of Mayor Marquez, to continue the Public Hearing to June 28 the time being 8:37 p.m. Prior to the vote, Mayor Pro Tem Brossmer directed staff to have the documents ready to go on June 28 to be expedited via Federal Express on June 29. The public hearing was reopened and, for the sake of clarity and continuity of reporting, further discussion and action are noted below. It was moved by Council Member Gafin, seconded by Council Member Guerra, and so ordered by Mayor Pro Tem Brossmer to re-open the Public Hearing approving and authorizing the submission of the 2011-12 Action Plan for the Community Development Block Grant and Home Investment Partnership program, the time being 9:42 p.m. Assistant City Manager Livas explained that further discussion ensued between Housing Manager Velasco and Community Services Director Phillips, with staff agreeing that the Adult Literacy program can absorb the $2,200 reduction needed to allocate additional funds to the True Lasting Connections program to bring its allocation up to $5,000, which will allow the City to submit its program to HUD on time. It was moved by Council Member Vasquez1 seconded by Council Member Gafin, and unanimously <.,arried1 noting the abstention of Council Member Vasquez on the line item for The View housing project1 to approve the Action Plan as amended for the period of July 1, 2011 through June 3-01 20121 and authorize the City Manager to submit the Action Plan with the HUD SF-424 application and Grantee Certifications to the U.S. Department of Housing and Urban D-e;elopment1 with the amendments noted to the Adult Literacy program to reduce funding to $18,714 and to the True Lasting Connections program tO increase funding tO $51000 City Council Minutes 06/1 3/1 1 -4- It was moved by Council Member Guerra, seconded by Council Member Gafin, and carried 4-0, with Mayor Marquez abstaining due to not being present for the prior vote continuing the hearing, to rescind the continuance of the Public Hearing. NON-AGENDA PUBLIC COMMENT: Harold Tseklenis, resident, thanked the City, on behalf of the Parish of St. George Greek Church, for support of its Annual Greek Festival. He also mentioned a prior request for the Director of Finance to prepare for a future meeting a report on the City’s long term and short term financial obligations to inform citizens where the City stands long term. Council Member Guerra noted the Budget Subcommittee members have requested Director of Finance Michicoff to prepare a concise report listing long term liabilities, unfunded pensions, and a list of City assets. CONSENT ITEMS REMOVED: 9 ADOPT RESOLUTION NO. 11- . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY FIREMEN’S ASSOCIATION (July 1 , 2010 – December 31, 2012): Administration. This item was pulled at the request of Council Member Guerra and is listed under Other Business below. 12.ADOPT RESOLUTION NO. 11- . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING THE BENEFITS PAYABLE TO EMPLOYEES IN CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT. MIDDLE MANAGEMENT. AND CONFIDENTIAL/EXEMPT: AND REPEALING PRIOR RESOLUTIONS: Administration. This item was pulled at the request of Council Member Guerra and is listed under Other Business below. 14.ADOPT ORDINANCE NO. 11- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DO IG THE DOWNEY MUNICIPAL CODE, ARTICLE VIII, CHAPTER 10, REGULATING ART IN PUBLIC PLACES: Community Services. This item was removed at the request of Mayor Pro Tem Brossmer for resident Harold Tseklenis and is listed under Other Business below. CONSENT CALENDAR: It was moved by Council Member Gafin, seconded by Council Member Guerra, and unanimously carried 4-0, noting the absence of Mayor Marquez, to approve the remainder of the Consent Calendar items as recommended. 3.APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings May 24, 2011 : City Clerk. 4.APPROVED WARRANTS ISSUED: Warrant Nos. 259179 - 259672; Wire Nos. 30002405 – 30002424 and 738 – 744; in the total amount of $8,862,876.80: Finance. 5.RECEIVED AND FILED 2010 GENERAL PLAN ANNUAL PROGRESS REPORT: Community Development. City Council Minutes 06/1 3/1 1 -5- 6.CASH CONTRACT NO. S.S. 609 – SCHOOL ZONE SIGNAGE AND PAVEMENT MARKING UPGRADES: ACCEPTED IMPROVEMENTS AND APPROVED FINAL CONTRACT AMOUNT OF $72,092.45; AND DIRECTED PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF COMPLETION: Public Works. 7.CASH CONTRACT NO. S.S. 625 – LAKEWOOD BOULEVARD AT COLUMBIA WAY INTERSECTION IMPROVEMENT PROJECT: AWARDED CONTRACT TO BANNAOUN ENGINEERS CONSTRUCTORS IN THE AMOUNT OF $164,296; AND APPROPRIATED $58,339 FROM THE GAS TAX FUND: Public Works. 8.APPROVED AMENDMENT TO AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. EXTENDING CROSSING GUARD SERVICES FOR ONE YEAR: Police Department. 10 ADOPTED RESOLUTION NO. 11-7271, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DEFERRING A SCHEDULED SALARY RANGE ADJUSTMENT FOR THE POSITION OF CHIEF OF POLICE TO FISCAL YEAR 2012-13: Administration. 11.ADOPTED RESOLUTION NO. 11-7272. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE CLASS SPECIFICATION AND ESTABLISHING THE SALARY RANGE FOR THE POSITION OF COMMUNITY DEVELOPMENT MANAGER: Administration. 13.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE IV, CHAPTER 1, OF THE DOWNEY MUNICIPAL CODE BY ADDING A NEW SECTION 41 Q2 PROHIBITING THE CONSUMPTION OR POSSESSION OF CONTROLLED SUBSTANCES IN PUBLIC PLACES: Police Department. 1 5.ADOPTED ORDINANCE NO. 11-1284, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE III. CHAPTER 1. PART 12. OF THE DOWNEY MUNICIPAL CODE ADDING A NEW SECTION 3178 ESTABLISHING RESIDENTIAL PREFERENTIAL PARKING DISTRICTS; Public Works. ADMINISTRATIVE REPORTS: 16.REPORT TO THE CITY COUNCIL REGARDING CAMPAIGN FINANCE ORDINANCE: City Attorney City Attorney Abich Garcia advised this report was requested by Council to begin discussions regarding a campaign finance Ordinance and to provide an overview of the laws regulating campaign contributions. She noted the report highlights different types of campaign finance regulations as they relate to aggregate limits, contributions and loans made by the candidate to himself or herself, time restrictions on the period of time a candidate can receive contributions and regulations on contributions from entities, committees, project area committees, lobbyists and contractors. She noted an example of a campaign finance Ordinance from the City of San Jose is included that illustrates how these types or regulations work and advised the Ordinance has gone through several rounds of judicial scrutiny. She mentioned that besides the substance of an Ordinance, the decision needs to be made whether or not the Council would like to adopt such an Ordinance and, if so, whether it wishes to adopt it through the Ordinance adoption process or to submit it to the voters. She advised the City has until August 9 to call an election and place the item on the November ballot and said she would need direction from the Council on whether to go forward with an Ordinance and what type of Ordinance. Upon direction, she will present a draft Ordinance at the next Council meeting for Council to critique, make changes and add certain provisions and it would then be in a format to be adopted by Council or by the voters during the upcoming November election City Council Minutes 06/1 3/1 1 -6- Council Member Gafin noted he brought this up regarding contributions in and expenditures out of campaign funds and noted the contribution levels he wanted to look at were the per person contributor limitation as well as the total campaign limitation but stated the report submitted by the City Attorney notes a total campaign limitation was found to be unconstitutional. City Attorney Abich Garcia advised that putting a cap on the amount someone could raise has a legal risk and could be interpreted as a defacto mandatory expenditure type of Ordinance, which is illegal under the law and someone could make the argument that they will spend as much as they raise and by putting a cap on how much can be raised is also putting a cap on what can be spent and there cannot be any mandatory expenditure limits–they have to be voluntary After discussion by the Council, City Attorney Abich Garcia advised she will bring back a report and an Ordinance at the next Council meeting that reflects the various points discussed, such as considering a change in the residency requirements; reviewing the City of South Gate’s mandatory contribution limit and whether it is being enforced; setting a contribution limit of possibly $1,000 and possibly higher for the at-large District, District 5, after counsel review on whether this is allowable; putting the same limit on contributor contributions for all categories of contributors, whether individual, non-profit organizations, corporations, etc.; incorporating a possible voluntary expenditure plan with tools in place for enforcement; having a limit on personal funds or loans and a time period for paying them back; whether or not to follow the City Ordinance process or to call an election for a ballot initiative; and providing information on contribution limits in several cities. 17.APPROVE FORMATION OF A DOWNEY YOUTH COMMISSION: Administration. Mayor Pro Tem Brossmer suggested continuing this item to the June 28 Council Meeting. It was moved by Council Member Gafin, seconded by Council Member Guerra, and unanimously carried to continue discussion on the approval of formation of a Downey Youth Commission to the June 28, 2011, Council Meeting. OTHER BUSINESS: CONSENT ITEMS REMOVED: 9.ADOPT RESOLUTION NO. 11-7270, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY FIREMEN’S ASSOCIATION (July 1, 2010 – December 31, 2012): Administration. Council Member Guerra said he is uncomfortable with the proposed 48/96 work schedule. and with the necessity to send the big fire engines out with the paramedic trucks. He noted former Chief Turner had relayed the benefits and pros and cons of the 48/96 work schedule in a memo last year and advised most Fire Chiefs were against this work schedule. He reviewed details mentioned in Chief Turner’s memo, such as a disconnect with people in the department, the effect on emergency recall due to firefighters moving further out of the City, and safety and performance concerns related to fatigue. It was felt to be for political reasons and not because it improves performance and does not save taxpayers money nor increases productivity. He felt the Fire Chief should be making this decision and not the Council. Fire Chief (;room stated he understood the concerns about safety and noted this is an 18 month trial period and the department will assess fatigue, sick leave and disconnect. He said assessments will be made at 6, 12 and 18 months. He noted the biggest issue he had with the program was the disconnect within the organization between ancillary duties in that they would not be here for same amount of time. City Council Minutes 06/1 3/1 1 -7- It was moved by Mayor Marquez, seconded by Council Member Guerra and carried 4 ayes, with Council Member Guerra voting no, to adopt the Resolution adopting the Memorandum of Understanding between the City of Downey and the Downey Firemen’s Association 12.ADOPT RESOLUTION NO. 11-, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING THE BENEFITS PAYABLE TO EMPLOYEES IN CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT, MIDDLE MANAGEMENT, AND CONFIDENTIAL/EXEMPT; AND REPEALING PRIOR RESOLUTIONS: Administration. Council Member Guerra commended some of the cutbacks noted in the benefit package but noted he has an issue with the sick time and sick leave noted on page 4, stating he felt it is a very high amount Assistant City Manager Livas said he believes the amount of sick time accumulated cannot be taken when an employee separates from the City but goes into a health benefit plan for retirement. City Manager Caton pointed out that the management group is the group that moves the most and referred to the recent separation of Mr. Alvarez who left over $100,000 of sick leave with the City Mayor Pro Tem Brossmer noted all the employee units have taken the steps the City has asked and felt this could be brought up during the next negotiations. Council Member Guerra felt it should have been discussed this time with the Council and noted this group does not have a bargaining unit. He also questioned why Human Resources Director Youssefieh is presenting this on behalf of Executive Management as she is listed as part of that group. He asked where in the report does it show the total costs for salaries, benefits and increases City Manager Caton advised staff has no problem pulling the item and discussing it in Closed Session. He said there is a change noted in the vacation policy requiring the lessening of accrued vacation and said management also wanted to implement the two-tier system. It was moved by Council Member Guerra, seconded by Mayor Pro Tem Brossmer and unanimously carried to continue this item to the June 28 meeting to be discussed in Closed Session for clarity on the total cost figures. 14.ADOPT ORDINANCE NO. 11-1283, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE, ARTICLE VIII, CHAPTER 10, REGULATING ART IN PUBLIC PLACES: Community Services. Harold Tseklenis, resident, stated the initiating Council that set up this committee wanted to insure public participation and made it mandatory to have an advisory committee. He said one reason given at the last Council meeting to disband the Committee was because the Committee failed to meet. He said the Committee was not allowed to meet because staff refused to call a meeting and disregarded requests to meet. He noted there are a couple of motions still pending in the committee records and said they worked diligently trying to understand the Ordinance and did approve the first two art pieces proposed by developers which were approved by Council. He said the Committee also suggested the acquisition of the bust of Governor John Gately Downey that is stationed outside City Hall and was thankful that Council Member Guerra assisted in making it happen. He noted the intent of the Ordinance is that monies from developers that are not being used are restricted funds to be used in Downey’s art in public places program for a collection of nationally recognized permanent long term artwork and hoped staff would invite the public to participate City Council Minutes 06/13/1 1 -8- Catherine Jun, resident, strongly urged the Council to keep and support the Arts in Public Places Advisory Committee and to let the Committee meet regularly and to research artists and works and allow residents to help decide on artwork. Council Member Vasquez asked why the meetings were not occurring and Community Services Director Phillips said he did not feel the Committee was able to respond to the Council as he thought it needed to. Mr. Vasquez a$ked Mr. Phillips if he asked the Committee members for their input and he responded that he reminded the members that they needed to touch back and consult with their Council Member regarding projects. Council Member Vasquez stated he wants to see the plan, if the Council votes to dissolve the Committee, Council Member Guerra said he attended several of the early meetings and was frustrated due to nothing happening. He felt eliminating the Committee would enhance public art and bring more art to the City, stating he wants to enhance public art It was moved by Council Member Guerra, seconded by Council Member Gafin and unanimously carried to approve the Ordinance amending the Downey Municipal Code, Article VIII, Chapter 10, regulating art in public places. Prior to the vote, Mayor Marquez agreed with the different direction and wanted safeguards for community input. City Attorney Abich Garcia said once the Ordinance is adopted Mr. Phillips will bring back the regulations adopted with the Ordinance and provisions can be inserted regarding public input. STAFF COMMENTS: Assistant City Manager Livas wished the All America City team good luck in Kansas City. ADJOURNMENT: 10:25 p.m. The meeting adjourned at 10:25 p.m. to 6:30 p.m., June 28, 2011, in memory of City of Hawthorne Police Officer Andrew Garton; and Mitsue Aono Phillips, mother of Senior Accounting Clerk Sandy Wagner. JOYC WLmm rIFF mMTZF City Council Minutes 06/1 3/1 1 -9-