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HomeMy WebLinkAboutMinutes 06-28-11 Regular MeetingMINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JUNE 28, 2011 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:31 p.m., June 28, 2011, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor/Chairperson Luis H. Marquez presiding. PRESENT:Council Members/Commissioners: Luis H. Marquez Roger C. Brossmer David R. Gafin Mario A. Guerra Fernando Vasquez Mayor/Chairperson Mayor Pro Tem/Vice-Chairperson ALSO PRESENT:Gilbert Livas, Assistant City Manager/Acting Executive Director 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: June 13, 2011 It was moved by Council Member/Commissioner Gafin, seconded by Council Member/ Commissioner Vasquez and so ordered by Mayor Marquez to approve the Closed Session Minutes from June 13, 2011. RECESSED TO CLOSED SESSION: Mayor/Chairperson Marquez announced the Council/Commission is recessing to Closed Session (6:32 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 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 Government Code Section 54957.6 – Conference with labor negotiator Gilbert Livas re: labor matters with unrepresented employees (Executive Management, Middle Management and Confidential/Exempt positions). 2 City Council Minutes (adj.) 06/28/1 1 - 1 - RECONVENED: The meeting reconvened in Open Session at 7:38 p.m. with all Council Members/ Commissioners present. City Attorney/Agency Counsel Abich Garcia announced there were no Closed Session actions to report. ADJOURNMENT: The meeting adjourned at 7:39 p.m. LUIS H. MARQn-2WYm City Council Minutes (adj .) 06/28/ 1 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JUNE 28, 2011 The City Council of the City of Downey held a Regular Meeting at 7:41 p.m., June 28, 2011, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Luis H. Marquez presiding. PRESENT:Council Members: Luis H. Marquez Roger C. Brossmer David R. Gafin Mario A. Guerra Fernando Vasquez Mayor Mayor Pro Tem ALSO PRESENT: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 Michicoff, Finance Director John Oskoui, Public Works Director Thad Phillips, Community Services Director Brian Saeki, Community Development 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 Vasquez announced he attended and spoke at a California Redistricting Commission meeting last week to make it clear the City wants to be in one Congressional District; attended a South East Area Animal Control Authority meeting; and attended the National Association of Latino Elected Officials conference with Mayor Marquez in San Antonio, Texas where health and wellness were discussed. He said he hoped the City would consider a health exposition for the community. He announced the gates will open at 5:30 p.m. for the 4th of July fireworks show at Downey High School; requested staff look into development impact fees for new construction; and asked staff to consider a smoking Ordinance for outdoor places where smoking impacts the facilities nearby Council Member Gafin announced the timeframe for the 4th of July fireworks show. He congratulated Mayor Marquez, Council Member Guerra, staff and the other participants for putting their best foot forward at the All America City competition. He recognized Patti Kotze, Vice-President of the Chamber of Commerce. in the audience and noted the Chamber’s annual installation of new officers will take place tomorrow night at 6:00 p.m. at the Rio Hondo Event Center where Jan Scott will be installed as the new President. Council Member Guerra welcomed the All America City team, Team Downey, in the audience and congratulated the 10 cities who won awards; thanked his wife Ann and son Ryan for being participants on the team; pointed out he paid for his family’s airfare and meals with his personal City Council Minutes 06/28/11 -1- check; advised he would be attending the Chamber installation tomorrow night i wished past Chamber President Rick Rodriguez well after his recent surgery; recognized Lars Clutterham, his Green Task Force appointee, and Ruben Salgada, his Emergency Preparedness Committee Member, in the audience; recognized students from Warren High School; noted he attended the Arc awards last week where his brother-in-law Raul Lopez was honored for serving as President for two years and noted the incoming President is Ray Brown; mentioned that Senator Alan Lowenthal received the Arc’s Advocacy Award; and noted he attended two Neighborhood Watch meetings Council Member Brossmer mentioned attending a Theatre Subcommittee meeting last week and is happy with the direction the Theatre is going; advised the City is looking into approving air conditioning renovations at the Theatre and the Library; noted attending a couple of Neighborhood Watch meetings and noted at the one held at Furman Park, Emergency Services Manager Mark Sauter gave an emergency preparedness talk and commended staff for their work on this program. Mayor Marquez recognized everyone in the audience and wished them a happy 4th of July; mentioned the fireworks celebration at Downey High; and also mentioned a recent newspaper article on pool safety from the Downey Fire Department. He mentioned attending the National Association of Latino Elected Officials conference in San Antonio, Texas, with elected officials from throughout the country, stating the conference centered on healthy communities and what other cities and school districts are doing in this regard. He referred to the redistricting process, stating the goal is to have “One Downey,” one voice, one community. He said the independent commission drawing the districts did keep Downey in one Assembly and one Senate district but not in one Congressional district and he urged citizens to submit comments to the commission letting them know we want Downey also in one Congressional district. He noted the new maps will be released on July 12 with another opportunity for comments and final maps will be released on August 15 with the new districts taking effect in June of 2012 PRESENTATIONS: Mayor Marquez presented Certificates of Recognition to Warren High School’s winning 2011 Solar Cup Team. Mayor Marquez, Council Member Guerra and Community Development Director Saeki presented Certificates of Recognition to participants in the City’s All America City delegation, noting the City was a finalist out of hundreds of cities in the nation. They commended the City delegation for representing Downey at the Kansas City, Missouri, competition The meeting recessed at 8:16 p.m. and reconvened at 8:23 p.m PUBLIC HEARINGS: 1.PROPOSED BUDGET FOR 2011-12 FISCAL YEAR: Finance A. ADOPTED RESOLUTION NO. 11-7273, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE FISCAL YEAR 2011-12 BUDGET WITH IMPLEMENTING DOCUMENTS. Mayor Marquez opened the Public Hearing at 8:23 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 Marquez to receive and file. There was no correspondence received . City Council Minutes 06/28/1 1 -2- Council Member Vasquez noted he will abstain from voting on the portion of the budget on capital improvement projects because his previous employer may be obtaining funding from this portion of the budget. Finance Director Michicoff presented a PowerPoint program explaining, pursuant to Article 12, Sections 1203 and 1204 of the City Charter, the Council must hold a public hearing on the proposed budget and at the conclusion review any changes and adopt the budget for the ensuing fiscal year. He noted the Council and Community Development Commission held a study session on June 7 for an overview of the budget and presentation by each department. The public was also given the opportunity to comment. He noted the proposed budget is approximately $144 million in total spending and advised the final document includes a Police Sergeant position to be funded with asset forfeiture funds; the restoration of a frozen firefighter position; the transfer of the Neighborhood Watch program to the Police Department; the reclassification of the Emergency Services Manager position to an Emergency Services Coordinator and the transfer of this position to the Fire Department; the slight expansion of the Fire communications center; the reorganization of the Public Works Department for increased operational efficiencies; and the first full year of the theatre management company. He also noted the budget does not propose any decreases to existing service or program levels. He advised projected revenue is $62.1 million which is a $2 million increase from the prior year. He also referred to the approximate $2 million deficit for next year, explaining in prior years the City has been sound with revenues exceeding expenditures and those funds were put into the savings account that the City is now drawing on. He noted available reserves at the end of 2012 will be approximately $28 million. He advised the budget eliminates 34 positions and freezes an additional 8; noted staff has been aggressive in obtaining almost $17 million in grants primarily used for capital projects; noted the current condition of the water fund presents an encroachment on the general fund; and advised the Chamber of Commerce contribution was increased to $33,500. Staff recommends approval of the Resolution adopting the annual budget for 2011-2012. Mr. Michicoff noted, pursuant to City Charter Section 1205, the Council can modify the expenditures in the budget by adopting Resolutions. Speaker, (no name given) asked for clarification that the water fund budget for 2011-2012 is $16,551 ,455 and staff confirmed that was correct. There being no further discussion, it was moved by Mayor Pro Tem Brossmer, seconded by Council Member Gafin and unanimously carried to close the Public Hearing, the time being 8:36 p.m Council Member Guerra felt it is a good budget with no cutbacks in public safety. He said he is not happy with the $1.7 million deficit but thanked staff for doing more with less. He challenged the Police and Fire Departments to reduce the amount of overtime and thanked the Police Department for deferring $1 million in raises. Council Member Gafin agreed with Council Member Guerra that it was a difficult process and noted Council had directed staff not to cut services to the public Council Member Vasquez said these are not easy times but staff prepared the City to be in the best position and to make sure public safety is intact. He mentioned retirement benefits and said the Council has had numerous discussions on this and will continue to review it. Mayor Marquez noted staff was directed to provide quality services to our residents and commended them for doing so. He referred to the new two-tiered retirement plan in the works, the balanced budget and the small deficit, noting it was all done with a shortage in staff. He also recognized past Councils for building a reserve for this type of economic downturn. City Council Minutes 06/28/1 1 -3- It was moved by Council Member Guerra, seconded by Council member Gafin, and unanimously carried, noting the abstention of Council Member Vasquez from the capital improvement portion of budget, to adopt the Resolution approving the fiscal year 2011-12 budget with implementing documents 2. CITY FEE RESOLUTION: Finance A. ADOPTED RESOLUTION NO. 11-7274, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A UNIFORM SCHEDULE OF FEES. Mayor Marquez opened the Public Hearing at 8:43 p.m. Interim City Clerk Doyle affirmed receipt of the Proof of Publication. It was moved by Council Member Gafin, seconded by Mayor Pro Tem Brossmer, and so ordered by the Mayor to receive and file. There was no correspondence received Finance Director Michicoff noted the voters approved Proposition 26 on November 2, 2010, which established the definition between taxes and fees and said the items presented tonight are fees and are exempt from the requirements of Proposition 26. He said the fees included either reimburse the City for a benefit or privilege conferred to the payer for a specific service or product provided directly to the payer or for a responsible or reasonable regulatory cost for issuing licenses and permits, performing investigations, inspections and other administrative enforcement of regulatory services. He advised the proposed fee schedule for 2011-2012 is formatted to indicate proposed changes from the prior year and covers 662 City fees. Of the modifications and changes, two sections modified are the Columbia Memorial Space Science Learning Center, dealing with renting out different aspects of the facility, and the other is for the Downey Civic Theatre where many fees align the services now being provided by the theatre in conjunction with the City as well as with the new contractor and are referenced on pages 31 and 32. He noted there are no changes for established Downey organizations with 5 years of continuous theatre rental. The changes proposed will increase revenues for all related funds by only $257,000. Council Member Guerra referred to the new medical facility response use fee noted on page 3 and Fire Chief Croom explained this is for responses to medical facilities that are prepared to handle the types of emergencies that walk into their offices but instead they call the Fire Department which burdens its services. He said these facilities have contracts with private ambulance services but chose not to use them due to the 35-40 minute response time and instead call the Fire Department because of its quicker response time. He noted we will be charging those facilities who call us more than 3 times a month $395 for the 4th call Council Member Guerra mentioned 442 increases and the Columbia Learning Center’s 38 asking if they have been vetted out and the response was yes. He also referred to the fee for travel teams and Community Services Director Phillips advised the $150 is based on additional staff time to coordinate with the various departments and for additional trash pickups. In addition, he stated the teams will be asked to pay the hourly field rental Council Member Guerra said the only fee he will challenge is the solar fee, noting the Green Task Force recommended this fee be reduced last year to $200 and said he does not have a problem incentivizing it to go even lower and asked staff to continue to look at it Andrew Davis, resident, asked how much it cost to build the Learning Center and Assistant City Manager Livas advised the fees referred to are for rental of the current facility There being no further speakers, it was moved by Mayor Pro Tem Brossmer, seconded by Council Member Gafin and so ordered to close the Public Hearing, the time being 8:54 p.m. City Council Minutes 06/28/1 1 -4- It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Gafin, and unanimously carried to adopt the Resolution establishing a uniform schedule of fees. 3.PROPOSED WATER RATE INCREASE: Public Works. A. ADOPTED RESOLUTION NO. 11-7275, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING RATES FOR WATER SERVICE AND REPEALING SECTIONS 2 AND 3 OF RESOLUTION NO. 05-6861. Mayor Marquez opened the Public Hearing at 8:54 p.m. Interim City Clerk Doyle affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Gafin, and so ordered to receive and file. Interim City Clerk Doyle advised 18 protests were received. It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Vasquez, and unanimously carried to receive and file Public Works Director Oskoui presented a PowerPoint program of the results of the water rates study and proposed water rate structure. He noted rates, taxes and fees are a tremendous responsibility and were compounded by the current economy. He noted staff wanted to make sure the outcome would be the fairest assessment of the City’s water system, its needs, the enterprise as a whole, the cost of running it and economically sustaining it, and proposing a rate structure and a cost sharing mechanism and formula that was fair and equitable. He gave a brief overview of the water system, noting 18 of the 20 active ground wells are 50 years old or older. He advised the City has a reservoir with a capacity of 5 million gallons but has not been able to utilize this facility because of shortcomings in the structural integrity. He referred to the findings of the master plan, such as the need for a robust preventative maintenance regimen, a valve exercising program, the replacement of broken valves and meters, and the installation of 3 new wells with the abandonment of non active wells. He pointed out rates have not been increased in 16 years and are not sufficient to support cost and maintenance, stating the City needs to rehabilitate and replace the aging portions of our infrastructure. If the increase is approved and adopted, the funds will be used for safe operation of the water system, capital improvement projects, unscheduled expenses and emergency repairs. He noted the water rates will not fund any non water related costs and will stay in the water fund. He reviewed the current rate structure of 3 tiers and said a phased approach was prepared to minimize the impact. He noted the rate structure proposes to create most equitable way of promoting conservation and will reward prudent users. He showed comparison water costs and noted Downey is paying the lowest rate in the region. He said by end of the 5th year residents will be in the 50 percentile when compared to other cities, noting the incentive is to conserve water and is key to lowering bills. He advised the fees follow the guidelines of Proposition 218, which allows the rates to be set for no longer than 5 years. Council Member Vasquez left the dais at 9:21 p.m. and returned at 9:24 p.m. Mr. Oskoui responded to comments from the Council regarding any possible impact on the fees from the lawsuit in favor of the City against the Water Replenishment District, stating the litigation will take time and that rates can be reconsidered and readjusted if there is ever an extraordinary surplus or reserve. He also noted the master plan has a 15 year horizon, stating fees will be reviewed again after five years. Mayor Marquez stated the City will not accept any oral protest and advised protests must be in writing and submitted prior to the close of the hearing. City Council Minutes 06/28/1 1 -5- The following people spoke in favor of the water rate increase Kathryn Panel Waters, Jim Rodriguez, Patti Kotze, Lars Clutterham The following people spoke in opposition to the water rate increase: Andrew Davis, John Tovar, Martin Susnir It was moved by Council Member Gafin, seconded by Council Member Vasquez and so ordered to close the Public Hearing, the time being 9:58 p.m. Prior to the vote, Mayor Marquez asked people to submit any letters of protest or support to the City Clerk The meeting recessed at 9:58 p.m. and reconvened at 10:06 p.m. Interim City Clerk Doyle corrected the total number of protests reported earlier, noting she received 18 prior to tonight’s meeting with an additional 4 received during the meeting for a total of 22 protests received City Attorney Abich Garcia advised the 22 objections received does not meet the threshold of 50 percent plus 1 to defeat the proposed rates After further comments by the Council, it was moved by Council Member Gafin, seconded by Council Member Guerra and unanimously carried to adopt the Resolution establishing rates for water service and repealing sections 2 and 3 of Resolution No. 05-6861. NON-AGENDA PUBLIC COMMENT: Bob Goldstein, resident, representing the Downey Symphony, requested that the Downey Symphonic Society be allowed to sell the food at the summer park concert where they perform as a fundraiser for the organization. He noted the concert performance costs them $15,000 each year and requested this be placed on an upcoming agenda. Council Member Gafin felt the Symphony’s request was worthy of consideration and requested staff review the policy for concessions at the concerts in the park on a future Agenda for non-profits groups who expend monies to put on a performance there. Frank Sanchez, resident, congratulated the Council on passing the Budget and on its dedication to public safety. He commended the quality of life in Downey but wanted to report an issue of homes and cars being vandalized in his area. Don Quinto, resident, mentioned Mayor Pro Tem Brossmer has attended several Neighborhood Watch meetings in the area of Pellet Street, Pernell Avenue and Ryerson Avenue and said there is quite a bit of crime in this area. He also mentioned an issue with speeders and suggested the possibility of a stop sign at Ryerson Avenue and Pellet Street. He also noted speed bumps were mentioned as a possible solution but said he is not in favor of them. CONSENT ITEMS REMOVED; 10.APPROVE RENEWAL OF TOWING AGREEMENTS WITH UNITED TOWING SERVICE, INC. AND TITAN TRANSPORTATION, INC. EXTENDING THE TOWING SERVICES FOR A THREE-YEAR PERIOD ENDING JUNE 30, 2014: Police Department. This item was pulled by staff and continued to a future Council Meeting. City Council Minutes 06/28/1 1 -6- 18.ADOPT RESOLUTION NO. 11- . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE CALIFORNIA CITIZEN'S REDISTRICTING COMMISSION TO RECONSIDER PROPOSED LEGISLATIVE DISTRICTS: Administration This item was pulled at the request of Council Member Guerra and is listed under Other Business below. 20.INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AGREEMENT FOR USE OF THE DOWNEY HIGH SCHOOL SWIMMING POOL BETWEEN THE CITY OF DOWNEY AND THE DOWNEY UNIFIED SCHOOL DISTRICT FOR A PERIOD OF TWENTY-FIVE (25) YEARS: Community Sewices. This item was pulled at the request of Mayor Pro Tem Brossmer and is listed under Other Business below CONSENT CALENDAR: 4.APPROVED CITY COUNCIL MINUTES; Adjourned Meeting June 7, 2011 ; and Adjourned and Adjourned Regular Meetings June 13, 2011 : City Clerk. 5.APPROVED WARRANTS ISSUED: Warrant Nos. 259673 - 260046; Wire Nos. 30002425 – 30002434 and 745 – 749; in the total amount of $3,940,560.52: Finance. 6.CASH CONTRACT NO. S.S.593 – DOWNEY AVENUE PAVEMENT REHABILITATION: ACCEPTED IMPROVEMENTS AND APPROVED FINAL CONTRACT AMOUNT OF $1,407,200.48; AND DIRECTED PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF COMPLETION: Public Works. 7.CASH CONTRACT NO. 674 – DOWNEY THEATRE AND PUBLIC LIBRARY HEATING. VENTILATION AND AIR CONDITIONING SYSTEMS RETROFIT PROJECT (PHASE 1): AWARDED CONSTRUCTION CONTRACT TO LIBERTY CLIMATE CONTROL, INC. IN THE AMOUNT OF $921,070.37; AND APPROPRIATED $159,946.37 FROM THE FISCAL YEAR 2011-12 CAPITAL PROJECT FUND: Public Works. 8.APPROVED AGREEMENT WITH THE CITY OF PICO RIVERA FOR THE TELEGRAPH ROAD MEDIAN ISLAND PROJECT BETWEEN LAKEWOOD BOULEVARD/ROSEMEAD BOULEVARD AND PASSONS BOULEVARD: Public Works. 9.APPROVED AMENDMENT TO REDEVELOPMENT COOPERATION AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION FOR THE EXPENDITURE OF NEIGHBORHOOD STABILIZATION PROGRAM FUNDS EXTENDING CONTRACT TO SEPTEMBER 30, 2011: Community Development. 11.APPROVED RENEWAL OF WEAPONS FIRING RANGE AGREEMENT WITH RIO HONDO COMMUNITY COLLEGE DISTRICT EXTENDING CONTRACT FOR A TWO-YEAR PERIOD ENDING JUNE 30, 2013: Police Department. 12.APPROVED EXTENSION OF AGREEMENT WITH EDINGTON. PEEL & ASSOCIATES, INC. FOR WASHINGTON D.C. CONSULTANT SERVICES FOR A ONE-YEAR PERIOD ENDING JUNE 30, 2012: Administration. 13.APPROVED EXTENSION OF AGREEMENT WITH GRANICUS, INC. FOR INTERNET STREAMING OF CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION AND PLANNING COMMISSION MEETINGS FOR A ONE-YEAR PERIOD ENDING JUNE 30, 2012; Administration. City Council Minutes 06/28/1 1 -7- 14.APPROVED LEASE AGREEMENT WITH THE DOWNEY CITY EMPLOYEES FEDERAL CREDIT UNION FOR A TWO-YEAR PERIOD ENDING JUNE 30, 2013: Administration 15.APPROVED SUBMITTAL OF GRANT REQUEST FOR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM 2011 LOCAL SOLICITATION: Police Department, 16.ADOPTED RESOLUTION NO. 11-7276, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PARCEL MAP NO. 70964. APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING A SUBDIVISION IMPROVEMENT CASH DEPOSIT AS SURETY (8236 – 8250 Firestone Boulevard and 11217 Downey Avenue): Public Works 17.ADOPTED RESOLUTION NO. 11-7277, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2011-12: Finance. 19.GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT NO. 54 FUND BALANCE CLASSIFICATIONS: Finance A. ADOPTED RESOLUTION NO. 11-7279, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CLASSIFYING THE VARIOUS COMPONENTS OF FUND BALANCE AS DEFINED IN GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT NO. 54 AND PROVIDING OTHER AUTHORIZATIONS AND DISCLOSURES AS REQUIRED BY THE STATEMENT; B. APPROVED ADMINISTRATIVE REGULATION NO. 324, ENTITLED “FINANCIAL POLICY FOR GOVERNMENTAL ACCOUNTING STANDARDS BOARD 54.” 21. ADOPTED ORDINANCE NO. 11-1285. 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 4102 PROHIBITING THE CONSUMPTION OR POSSESSION OF CONTROLLED SUBSTANCES IN PUBLIC PLACES: Police Department It was moved by Council Member Gafin, seconded by Mayor Pro Tem Brossmer and unanimously carried , to approve the remainder of the Consent Calendar items as presented , noting the abstention of Council Member Vasquez from Item 9. ADMINISTRATIVE REPORTS: 22.REVIEW OF DRAFT LOCAL CAMPAIGN FINANCE REFORM ORDINANCE: City Attorney City Attorney Abich Garcia noted this item is a continuation of previous discussions regarding the formation of a local campaign finance reform Ordinance. She noted there were questions to be researched and direction from Council to bring back a draft ordinance as a starting place. The staff report presented brings additional information along with a draft Ordinance for discussion. She noted she will request Council direction on how it wishes to adopt an Ordinance; whether to put it on the ballot or adopt it through the regular Council Ordinance approval process. She also referred to additional surveys requested by Council Member Guerra and advised she has that information available The City Attorney was given the following direction after discussion by the Council. City Council Minutes 06/28/11 -8- The Council agreed not to spend the estimated $155,000 to place the Ordinance on the ballot and would approve it through the regular Council Ordinance approval process. Regarding contribution limits it was agreed to set $1,500 if the candidate followed the voluntary expenditure limit and $1,000, if not following the voluntary limit, for Districts 1 through 4, with contribution limits increased to $2,000 for voluntary and $1,500, if not voluntary, for District 5. City Attorney Abich Garcia explained that rather than create a penalty for not accepting the voluntary expenditure limit, you can create an incentive to have the ballot, the ballot pamphlet and the sample ballot designate the candidates who opted into the voluntary expenditure limit. She said before a candidate can raise money, the Ordinance requires that they determine up front whether they will follow the voluntary expenditure limit or not. If they then violate this determination, there are penalty provisions built into the Ordinance. It was noted no restrictions are allowed on a candidate using personal funds. City Attorney Abich Garcia noted cities can determine how they wish to handle loans and, after discussion, the Council determined to put a restriction total on personal loans of $15,000 and to follow State guidelines requiring that the loan must be from a direct family member. It was decided there would be no time limit on paying back personal loans It was also noted funds raised are per election cycle and City Attorney Abich Garcia pointed out that the Ordinance proposed states “in a single election.” After further discussion, the voluntary expenditure limits was set at $30,000 for Districts 1 through 4 and $50,000 for District 5, with the personal loan amount to be included in the voluntary expenditure limit. City Attorney Abich Garcia stated she would be returning to Council with an Ordinance to be introduced that included the above recommendations. 23.APPROVE FORMATION OF A DOWNEY YOUTH COMMISSION: Administration. Mayor Pro Tem Brossmer mentioned eligibility requirements and suggesting the Youth Commissioners must live in Downey and may attend Downey Schools as well as private schools not located in Downey. He suggested keeping staff time to support the Commission at 10 hours per month The Council Members agreed with Mayor Pro Tem Brossmer’s suggestions and also discussed the number of appointees, determining that each Council Member will appoint 3 commissioners, Citywide, for a total of 15 members, from students in Grades 9 through 12. It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Guerra, and unanimously carried to approve the formation of a Downey Youth Commission. OTHER BUSINESS: CONSENT ITEMS REMOVED: 20.INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AGREEMENT FOR USE OF THE DOWNEY HIGH SCHOOL SWIMMING POOL BETWEEN THE CITY OF DOWNEY AND THE DOWNEY UNIFIED SCHOOL DISTRICT FOR A PERIOD OF TWENTY-FIVE (25) YEARS: Community Services City Council Minutes 06/28/1 1 -9- Mayor Pro Tem Brossmer noted a conflict of interest on this item and advised he will be abstaining . It was moved by Council Member Guerra, seconded by Council Member Vasquez and unanimously carried, noting the abstention of Mayor Pro Tem Brossmer, to introduce the Ordinance. 18.ADOPTED. AS AMENDED, RESOLUTION NO. 11-7278. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE CALIFORNIA CITIZEN'S REDISTRICTING COMMISSION TO RECONSIDER PROPOSED LEGISLATIVE DISTRICTS: Administration Council Member Guerra stated he did not see in the Resolution where it states we want to be one City. Assistant to the City Manager DeLong advised this can be added to the second to the last whereas clause It was moved by Council Member Guerra, seconded by Mayor Pro Tem Brossmer and unanimously carried, with the added wording noted, to adopt the Resolution, as amended, requesting the California Citizen’s Redistricting Commission to reconsider proposed legislative districts. STAFF COMMENTS: Assistant City Manager Livas thanked the Council and staff for their work on this long meeting and thanked Council for its direction on the water rates and budget. He also thanked the Budget Subcommittee members, Council Members Gafin and Guerra ADJOURNMENT: The meeting adjourned at 1 1 :46 p.m. to 6:30 p.m., July 12, 2011, mTWA–R–Mh City Council Minutes 06/28/1 1 -10-