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HomeMy WebLinkAboutMinutes - 05-08-12 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING MAY 8, 2012 The City Council of the City of Downey held a Regular Meeting at 7:37 p.m., May 8, 2012, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Brossmer presiding. PRESENT: Council Members: Roger C. Brossmer Mayor David R. Gafin Mayor Pro Tem Mario A. Guerra Luis H. Marquez Fernando Vasquez ALSO PRESENT: Gilbert Livas, City Manager John Oskoui, Assistant City Manager /City Treasurer Yvette M. Abich Garcia, City Attorney Adria M. Jimenez, City Clerk Shannon DeLong, Assistant to the City Manager Lonnie Croom, Fire Chief Rick Esteves, Police Chief Brian Saeki, Community Development Director Arlene Salazar, Interim Community Services Director John Michicoff, Finance Director Gladys Chavez, Secretary Other City Staff The Invocation was delivered by Dn. Mario A. Guerra, Council Member. The Flag Salute was led by Lorine Parks, City Library Volunteer and Older American Award Nominee. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE /MEETING REPORTS: Council Member Vasquez thanked the Chamber of Commerce and City staff for a great Street Faire event; and, announced that Saturday May 12 is the 25 Annual Kids Day event at Furman Park. Council Member Marquez congratulated the Chamber of Commerce and City staff for a very successful Street Faire event; and, announced that Saturday May 12 is the 25 Annual Kids Day event at Furman Park. Council Member Guerra advised he testified against the Water Replenishing District (WRD); attended the Soroptimist Club Women of Distinction Annual Breakfast; attended the branding sub- committee meeting; attended the Street Faire event at Furman Park; mentioned that the Community Emergency Response Team (CERT) held their graduation; attended the prescription drug round -up held at the Columbia Memorial Space Science and Learning Center; reported attending the Gangs Out of Downey (G.O.O.D) meeting; mentioned that on May 11 NBC "Today in L.A." morning show will be broadcasting portions of their program live from the Columbia Memorial Space Science and Learning Center; request staff review the previously approved Council action of moving the Farmer's Market from Second Street to Downey Avenue; requested staff to review the SERP for Downey employees who are between the ages of 50 -55 and report back to Council the findings; and, research the possibility of having stop -gaps in the City's budget. City Council Regular Meeting Minutes of May 8, 2012 1 Mayor Pro Tem Gafin thanked the Chamber of Commerce Director Quagliani, for a very successful Street Faire event; thanked Emergency Preparedness Committee Member Bacus and Community Services Committee Member Vasquez, who were in attendance. Mayor Brossmer reported attending the Annual Kids Day Hall of Fame event at the Downey Civic Theater; attended the Soroptimist Club Women of Distinction Annual Breakfast; attended the branding sub - committee meeting; thanked the Chamber of Commerce for the Street Faire event; attended the California Woman's Chorus Scholarship Concert event at the Downey Civic Theater; attended the Lions Club Spring Fashion Show fundraiser; mentioned the annual National Day of Prayer; reported attending an event at the YMCA that recognized Dr. Stauffer, Dr. Brazelton and Mrs. Brazelton; and, thanked Deputy Director of Public Works Atwell for responding to the Downey Unified School Districts concern regarding street improvement noise. PRESENTATIONS: Mayor Brossmer presented a Proclamation for National Public Works Week declaring May 20 -26, 2012 as National Public Works Week; and, presented a Certificate of Recognition to Ed Estrella, Robert Amaya, Robert Linares, Lisa Fox, and Phil Cokkinos. Mayor Brossmer presented a Proclamation to Betty Taylor, Lorine Parks and Larry Lewis, and proclaimed May as Older American Month. Mayor Brossmer recognized local Downey service men as part of the military banner program: Edward Duran and Noel Rabina. Mayor Brossmer presented a Certificate of Recognition to President Jeff Hodges of Honda World for their donation of $2,500 for a mobile skate and bike ramp. PUBLIC HEARINGS: 1. APPROVED AND AUTHORIZED SUBMISSION OF THE 2012 -13 ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM: Community Development. Mayor Brossmer opened the Public Hearing at 8:13 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tem Gafin, seconded by Council Member Vasquez and so ordered to receive and file. City Clerk Jimenez noted there was no correspondence received. Community Development Director Saeki presented the proposed action plan for the City's annual Federal funds allocation of the Community Development Block Grant (CDBG) and the Home Investment Partnership Program and stated he is seeking Council approval to submit the plan to the United States Department of Housing and Urban Development. He stated the City is facing a 22% cut of funds for to the CDBG and 50% of the Home Investment Partnership Program with a total loss of $645,000. The City is proposing to eliminate the Paint and Fix -Up Program and suspend the deferred loan program. In addition, there would be a reduction of staff from 9.5 employees for fiscal year 2011/12 to 1.75 for fiscal year 2012/13. Council Member Guerra asked how staff determined what programs and services would be cut, and if Council would be able to move the allocated funds to other services. He commented on the -- success of the Paint and Fix -Up Program and asked if in addition to the City supplying the paint, can service clubs assist with providing labor. He asked about the 5 year fiscal allocation trend for the CDBG and the Home Investment Partnership Program; the City's homeless service program, and, asked for clarification on the City's Senior Service Grant. City Council Regular Meeting Minutes of May 8, 2012 2 Community Development Director Saeki advised that there was a 38% cut to all public service programs except the Barbara J. Riley Center and the Southern California Rehabilitation Services Program. He stated Council could move the funds as long as Council stayed within 15% of the allocation for next year. He stated the City could look into other ways of providing not only paint but also labor. He advised services for the homeless program are contracted to The Whole Child, and they provide a wide range of services, including counseling. He advised that the Senior Lunch Program's low income guidelines are set by the Federal Government and the Senior Service Grant is the name of two service groups, the First Monday Program and the Senior Lunch Program. Mayor Pro Tem Gafin mentioned that he was not in favor of picking and choosing favorite organizations and the proposed changes by staff were fair. Council Member Marquez mentioned that cuts have to be made and staff has provided a detailed report. As difficult as it is to make these decisions he agrees with the proposed changes. Mayor Brossmer mentioned that staff had proposed fair changes based on the Federal funding cut and agrees that the cuts are equal across the board to all programs. City Manager Livas mentioned that the proposed changes can be amended at a later date. Staff can go back to the various organizations, review their overall budget, and calculate changes based on percentages. Council Member Vasquez asked if Council will receive a detailed budget of the organizations receiving CDBG Funds that specifically outline where the funds are allocated. Community Development Director Saeki stated yes, there would be a more comprehensive report. Council Member Guerra requested staff come back at the next Council meeting and provide more information on this subject matter. There being no speakers, it was moved by Council Member Guerra, seconded by Council Member Vasquez and so ordered by the Mayor to close the public hearing at 9:48 p.m. It was moved by Mayor Brossmer, seconded by Council Member Vasquez, and unanimously carried to receive and file. 1. ESTABLISH A FRANCHISE TOWING FEE AND APPROVE NONEXCLUSIVE FRANCHISE AGREEMENTS FOR TOWING AND STORAGE SERVICES: Police. A. ADOPT RESOLUTION NO. 12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING RESOLUTION NO. 11 -7274, ESTABLISHING A FRANCHISE FEE FOR THE DOWNEY POLICE DEPARTMENT TOWING SERVICE FRANCHISE PROGRAM. B. ADOPT RESOLUTION NO. 12- _ , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A FRANCHISE AGREEMENT FOR TOWING AND STORAGE SERVICES WITH UNITED TOWING SERVICES, INC. --- C. ADOPT RESOLUTION NO. 12- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A FRANCHISE AGREEMENT FOR TOWING AND STORAGE SERVICES WITH TITAN TRANSPORTATION, INC. City Council Regular Meeting Minutes of May 8, 2012 3 Mayor Brossmer opened the Public Hearing at 8:45 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved and seconded by Council Member Vasquez to receive and file. City Clerk Jimenez noted there was correspondence received from Ezra Levi of HP Automotive and - Tow. Police Captain Charles reported that in November 2011 the City distributed a notice for a Request for Proposal (RFP) for a non exclusive qualification based agreement for towing and storage services allowing the City to contract with multiple tow providers. Eight companies responded. After receiving proposals the applications were reviewed, site inspections were conducted, reference checks were processed and the companies were ranked and rated by Police staff. United Towing and Titan Transportation were recommended for selection by the Council. Council Member Guerra asked for clarification on the average number of vehicles the Police Department tows per year; what the financial impact was when compared to other cities; what weight factors were used when ranking each company; and, whether or not the tow company having a facility in the City was taken into consideration when ranking. Police Captain Charles advised that towing of vehicles decreased from 2,300 vehicles to 1,000 vehicles per year and the City's tow average is less when compared to other Cities. The law allows the Police to charge only for the City's cost. He stated whether or not the tow companies had a facility in the City did not impact the ranking. City Attorney Abich Garcia advised that the agreement contains language stating if the company is awarded a franchise and does not have a location in the City, the City will not use the company in the rotation until one is established. Council Member Marquez stated that Council had been left out of the review process and requested a sub - committee be formed as a safeguard and transparency before Council makes a decision. City Attorney Abich Garcia stated if Council was in agreement, the Public Hearing could be continued to a date certain and two members of the City Council could be appointed to form a sub- committee coming back and providing additional feedback to the Council, and at that time have Council take action to grant the agreement to the selected firms. The following speakers spoke about the Towing and Storage Services: Dee Baccus, resident, stated that Captain Charles had done a great job presenting the information and the City should keep this business in Downey. She stated she sees no reason why City Council should not accept and approve the recommendations of the Police Department. Harold Tseklenis mentioned if there were no outstanding issues as to why the Police Department should not make a final decision he rest with continuing with their judgment. There being no speakers, it was moved by Council Member Gafin, seconded by Council Member Marquez and so ordered by the Mayor to close the Public Hearing, at 9:02 p.m. Mayor Pro Tem Gafin stated that the two selected franchises had done a great job and he agrees with the Police Departments recommendations. Council Member Guerra stated he was not opposed with Council Member Marquez's suggestion of a sub - committee but had no interest serving on it; however, he trusts the recommendation of the Police Department. City Council Regular Meeting Minutes of May 8, 2012 4 Council Member Vasquez thanked the Police Department for their report but would like to see additional information before making a decision and agrees that a sub - committee would provide this. Council Member Marquez mentioned that the he would like to move forward with a sub- committee on this agreement and on future agreements. Mayor Brossmer stated he would not stand in the way of a sub - committee and he trusts the Police Department's recommendation. It was moved by Council Member Marquez, seconded by Council Member Vasquez, and carried 4 -1 with Mayor Brossmer voting no, to continue the Public Hearing to May 22, 2012 and form a sub- committee of Council Members Marquez and Vasquez. NON - AGENDA PUBLIC COMMENT: The following people spoke regarding the recent officer involved shooting: Jean Thaxton Debbi (no last name provided) Damien Ramirez Ronald Bouris, spoke about the shooting of his son, Steven Bouris, by a Downey Police Officer. Mayor Brossmer recessed the City Council Meeting at 9:30 p.m., and reconvened at 9:37 p.m. with all Council Members present. CONSENT CALENDAR ITEMS REMOVED: 3. APPROVE CITY COUNCIL MINUTES: Adjourned and Regular Meetings of April 24, 2012: City Clerk. This item was pulled at the request of Council Member Guerra and is listed under Other Business. 5. CASH CONTRACT NO. 682A — COLUMBIA MEMORIAL SPACE CENTER SHADE STRUCTURE PROJECT: REJECT THE BID SUBMITTED BY G. COAST CONSTRUCTION, INCORPORATED AND AWARD A CONTRACT TO RANBAY CONSTRUCTION CORPORATION IN THE AMOUNT OF $78,000.00: Public Works. This item was pulled at the request of Council Member Guerra and is listed under Other Business. 6. CASH CONTRACT NO. 682B — COLUMBIA MEMORIAL SPACE CENTER FENCE PROJECT: REJECT THE BID SUBMITTED BY ALCORN FENCE COMPANY AND AWARD A CONTRACT TO QUALITY FENCE COMPANY IN THE AMOUNT OF $52,530.00: Public Works. This item was pulled at the request of Council Member Guerra and is listed under Other Business. CITY COUNCIL CONSENT CALENDAR: It was moved by Mayor Pro Tem Gafin, seconded by Council Member Vasquez, and unanimously carried to approve the remainder of the Consent Calendar. 4. APPROVED WARRANTS ISSUED: Warrant Nos. 267424- 267774; Wire Nos. 30002643- _ 30002652 and 880 -886; Cashier Check Nos. 9 -10, in the total amount of $2,955,604.38: Finance. City Council Regular Meeting Minutes of May 8, 2012 5 7. ADOPTED RESOLUTION NO. 12 -7334, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE CONFLICT OF INTEREST CODE FOR THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY FOR THE DISSOLVED DOWNEY — COMMUNITY DEVELOPMENT COMMISSION: Community Development. OTHER BUSINESS: 3. APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings of April 24, 2012: City Clerk. Council Member Guerra requested that on page three under Administrative Report Item No. 4, paragraph three add the following statement to his comments, "there was no way of knowing whether someone was standing within 49' or 52' of a no smoking area." It was moved by Council Member Guerra, seconded by Mayor Pro Tem Gafin and unanimously carried to approve the Minutes of the Adjourned and Regular Meetings of April 24, 2012, as amended. 5. CASH CONTRACT NO. 682A — COLUMBIA MEMORIAL SPACE CENTER SHADE STRUCTURE PROJECT: REJECT THE BID SUBMITTED BY G. COAST CONSTRUCTION, INCORPORATED AND AWARD A CONTRACT TO RANBAY CONSTRUCTION CORPORATION IN THE AMOUNT OF $78,000.00: Public Works. 6. CASH CONTRACT NO. 682B — COLUMBIA MEMORIAL SPACE CENTER FENCE PROJECT: REJECT THE BID SUBMITTED BY ALCORN FENCE COMPANY AND AWARD A CONTRACT TO QUALITY FENCE COMPANY IN THE AMOUNT OF $52,530.00: Public Works. Council Member Guerra wanted clarification that these projects were being funded by a $150,000 grant and requested additional information about the letter of protest received from G. Coast Construction. Assistant City Manager Oskoui clarified that this project was indeed being funded by a $150,000 grant. Regarding the letter of protest, the City responded in a letter to G. Coast Construction outlining the requirements of the bid, in addition, City staff went a step further and also met with the owner of G. Coast Construction. After the meeting, a second letter was sent to the company. The City's concern is that the product G. Coast Construction is offering as a substitute does not meet the minimum standards required by the City, and because they did not respond according to the bid specifications, they were deemed unresponsive. It was moved by Council Member Guerra, seconded by Council Member Vasquez and unanimously carried to approve Item Nos. 5 and 6. ADMINISTRATIVE REPORTS: 8. GRAFFITI PROGRAM UPDATE Lieutenant Milligan reported that from January 1, 2010 thru Dec 31, 2011 the Police Department responded to 2,201 graffiti and vandalism calls and made 219 arrests. The Graffiti Abatement Team responded to 15,000 incidents of graffiti. The restitution fee's for graffiti and vandalism is a base rate of $75.80 per incident for removal plus a $3.00 square ft. cost for materials. The City's fee schedule is currently under review to be in line with today's labor and material costs. Gangs Out of Downey and the Downey Unified School District all work as a collaborate unit with the Police Department. City Council Regular Meeting Minutes of May 8, 2012 6 The City uses a Tracking Automated Graffiti Reporting System (TAGRS) which can be accessed by a smart phone that is GPS equipped and photo based allowing staff to take and post pictures of "" graffiti for quick analysis. He also reported that current filing and restitution fees the City is charging for equipment, labor, and material needs to be modified. Council Member Marquez thanked the Police Department for their thorough report and stated he agrees with looking into our restitution fee and Ordinances. He requested that staff provide a percentage of how many of those individuals caught reside in the City of Downey. Council Member Guerra mentioned that the City has a great Graffiti Hot Line and Downey APP and asked for staff recommendations as to what else the City can do to fight graffiti. Lieutenant Milligan stated that the majority of crimes involving graffiti are a violation of the Penal Code and State law takes precedent over the City's Municipal Code. City Attorney Abich Garcia clarified that our City Ordinance is written in such a way that major graffiti crimes default to a very detailed State Penal Code. However, the City's graffiti Ordinances does have other provisions that do not defer to the Penal Code and those violations can be cited and our penalties and Ordinance can apply. Council Member Guerra asked for clarification on restitution charges and why they vary from City to City. Lieutenant Milligan stated that other City's charge higher restitution fees for labor, materials, and equipment. Each City can impose their own restitution fees in addition to the fines stipulated in the Penal Code. Council Member Vasquez thanked the Police Department for a thorough report, and asked how soon can the Ordinance be updated, and how the City was going to collect restitution fees considering it only had a 30% restitution collection success rate. Lieutenant Milligan stated he was working with Maintenance Services Manager Sharp to obtain a breakdown of what other City's are charging and what would be an acceptable fee for the City to charge. City Attorney Abich Garcia stated that fees are contained in the fee schedule that is updated at the second meeting in June. City Manager Livas stated it was a challenge to collect restitution fees and the City needs more support from the Courts. Mayor Pro Tem Gafin urged staff to make sure the new fee schedule in regards to graffiti restitution is in a more appropriate monetary range. Mayor Brossmer encouraged staff to review the Downey Municipal Code relating to graffiti. Currently the City is not enforcing a great majority of it. Mayor Pro Tem Gafin asked that the Municipal Code Section addressing graffiti be an administrative staff report at a future meeting. It was moved by Mayor Pro Tem Gafin, seconded by Council Member Vasquez, and unanimously carried to receive and file. City Council Regular Meeting Minutes of May 8, 2012 7 STAFF MEMBER COMMENTS: None. RECESSED: The meeting recessed to Closed Session at 10:10 p.m., and reconvened at 12:09 p.m., with all Council Members present. ADJOURNMENT: The meeting adjourned at 12:10 a.m., in memory of Art Morris, long -time Downey resident. M RIA M. JI E EZ, CMC R R C. BROSSMER, Mayor City Clerk City Council Regular Meeting Minutes of May 8, 2012 8