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HomeMy WebLinkAboutMinutes - 06-26-12 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JUNE 26, 2012 The City Council of the City of Downey held a Regular Meeting at 7:30 p.m., June 26, 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 (excused) 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 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 Swami Devprakash, Shree Swaminarayan Mandir. The Flag Salute was led by Community Development Director Brian Saeki COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE /MEETING REPORTS: Council Member Guerra reported attending a Downtown Subcommittee meeting where improvements to Firestone Boulevard were discussed; attended the Treasure Island Park Picnic event; mentioned attending the installation of Soroptimist President Gigi Saab; attended the grand opening of Hometown Hardware; mentioned the upcoming installation of the new Chamber of Commerce President Patricia Kotze- Ramos; advised he will be attending the upcoming Red Cross Hometown Heroes Luncheon; mentioned the upcoming Downey Police and Fire Golf Tournament, and requested staff review the zoning regulations on Florence Avenue in regards to restaurants offering entertainment. Council Member Vasquez reported attending the Southeast Los Angeles County Workforce Investment Board (SELACO WIB) meeting; attended the grand opening of Hometown Hardware; attended the Kiwanis Club of Downey -Los Amigos fundraiser; attended the USC Ross Minority Program in Real Estate, and welcomed Emergency Preparedness Committee Member Lee Ann Sears who was in attendance. City Council Regular Meeting Minutes of June 26, 2012 1 Council Member Marquez thanked the Police Department for addressing the City's graffiti and gang concerns; mentioned that as a board member of the South East Area Animal Control Authority (SEAACA) he would like to start a pet adoption program at the City's Concerts in the Parks, requested ,. staff coordinate a Pet Fair with SEAACA, and requested the City begin the implementation process of canvassing for dog licenses. PRESENTATIONS: Mayor Brossmer recognized local Downey service men and woman as part of the military banner program: Hector Gomez, Alexis Brooke Gomez, and Raymond Salazar. Downey Chamber of Commerce members Jan Scott and Rick Rodriguez presented Mayor Brossmer and the City Council with a plaque in appreciation for their support of the 19 Annual Downey Street Faire. Mayor Brossmer presented a Certificate of Recognition for her accomplishments and commitment to outgoing 2011 -2012 Downey Chamber of Commerce President Jan Scott. PUBLIC HEARINGS: 1. PROPOSED BUDGET FOR 2012 -13 FISCAL YEAR: Finance. A. ADOPTED RESOLUTION NO. 12 -7343, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE FISCAL YEAR 2012 -13 BUDGET WITH IMPLEMENTING DOCUMENTS. Mayor Brossmer opened the Public Hearing at 7:51 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Council Member Vasquez, seconded by Council Member Guerra and so ordered to receive and file. City Clerk Jimenez noted there was no correspondence received. City Manager Livas stated that for the past three years the City has utilized its reserve funds to cover operating expenses. For FY 2012/2013 and for the first time in several years, the City has a balanced budget. The proposed balanced budget reflects the elimination of the Redevelopment Agency, a 50% reduction in Home Federal Funds, 22% reduction in Community Development Block Grant (CDBG) funds and staff layoffs. He thanked management, employee groups, and all of the unions that worked with Council to create the balanced budget. He reported on organizational changes and redevelopment growth and thanked Mayor Brossmer for accomplishing his Mayoral goals in relations to the City's budget. Finance Director Michicoff reported on three factors that are important in having a balanced budget: sets public policy, establishes controls on revenue and spending levels, and serves as a financial planning tool. He explained that the proposed budget of $135.3 million is broken down into three components: Operational ($89,848,258), Capital Projects and Equipment ($39,870,834), and Transfers ($5,628,140). These three major fund groups are then broken down by type: General Fund, Successor Agency Fund, Enterprise Fund, and Special Revenue Fund. He noted the steps the City is taking to adhere to the balanced budget: operate leaner, conduct bi- monthly budget subcommittee meetings, incorporate stop gap measures, and continue looking for grant funds where available. City Council Regular Meeting Minutes of June 26, 2012 2 Council Member Guerra thanked staff for the information and asked for clarification of the Water Utility Expenditure Detail, page 315 of the proposed budget. The dollar amount went from $3.9 million for FY 2010 -2011 to $6.3 million in 2012 -2013. He wanted to know if the City was putting money aside in the event the Courts ruled in favor of the City's position. He also asked for clarification from the Chief of Police about the Federal Communication Mandate found on page 49 of the proposed budget. Director of Finance Michicoff explained that the Water Utility Expenditure Detail increase was in fact due to the Water Replenishing Districts (WRD) relinquishment assessment fee. The City was setting funds aside in the event the City lost the judgment. Chief of Police Esteves explained that the Federal Communication Mandate on page 49 was not part of the Los Angeles Regional Interoperable Communications System (LA RICS). The communication system outlined in the budget was a Federal Communication Commission (FCC) mandate to narrowband all public safety and non - public safety users in the United States by the end of 2012. Council Member Guerra asked if the funds the City loaned the Successor Agency would be returned to the City, where the City's $20 million reserve funds are kept, and requested further clarification on the budget stop gaps that are being implemented. Director of Finance Michicoff explained that the City loaned the Successor Agency $10 million and followed the existing Health and Safety laws; therefore, there was no reason to believe the City would not receive the money back. He stated that the majority of the City's $20 million reserve is in secured investments, local agency investment fund, or in an interest earning checking account with the entire portfolio being liquid. He stated the subcommittee will meet every other month, at that time the subcommittee will be presented with the most current budget data to make sure the City remains on track. City Manager Livas stated that during FY 2012/2013 if there was a deviation from the budget the recommendation of the subcommittee would be to bring a change or an adjustment to the budget to Council. In addition, the City will have a formal budget review in the middle of the FY. Council Member Vasquez wanted to know, under the Federal Home Improvement Loan Program, how many homes will be included and at what cost. Community Development Director Saeki stated that the entire program was being revamped. Once completed, staff would provide Council with program details. Council Member Guerra requested removal of the Dykstra Consulting Contract from the Councils budget and added to the Successor Agency's budget. Mayor Brossmer invited the public to speak on this item. There being no speakers, it was moved by Council Member Vasquez, seconded by Council Member Marquez, and so ordered by the Mayor to close the public hearing at 8:50 p.m. Council Member Vasquez stated that balancing the budget was a difficult process. He thanked the bargaining units and the associations. He stated that the City needs to be efficient and utilize current technology. Also, he reported on the Tierra Luna project and stated it will generate revenue for the City, requested staff work towards securing funding in next years budget for the rehabilitation of Lakewood Boulevard, north of Florence Avenue, and requested imposing heftier monetary penalties for graffiti violations. City Council Regular Meeting Minutes of June 26, 2012 3 Council Member Marquez thanked City staff for their hard work, support, and effort in reaching the goal of a balanced budget without compromising quality of service and public safety. He stated he agreed with all of the safe guards and stop gaps that were put in place to help manage our —" expenditures. Council Member Guerra stated that although the proposed budget is not perfect it does allow the Downey Unified School District to keep a resource officer, allows for much needed Capital Improvement Projects and improvements to our water infrastructure, and no cuts were made to public safety. He reported that in 1990 the City employed 455 people; in 2010 the City employed 454. In 2012 the City employs 368, this being the biggest reduction of staff in 20 years. He thanked staff for doing more with Tess, the five bargaining unions, and Council for their cooperation. Mayor Brossmer thanked staff for balancing the budget. He stated that there were over 25 layoffs and concessions from our five bargaining units that enabled the City to move forward with a balanced budget; he appreciated everyone assistance. It was moved by Council Member Guerra, seconded by Council Member Marquez, and carried 4 -1, with Mayor Pro Tem Gafin excused, to adopt the Resolution as amended. 2. CITY FEE RESOLUTION: Finance. A. ADOPTED RESOLUTION NO. 12-7344, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A UNIFORM SCHEDULE OF FEES. Mayor Brossmer opened the Public Hearing at 8:58 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Council Member Marquez, seconded by Council Member ._ Vasquez and so ordered to receive and file. City Clerk Jimenez noted there was no correspondence received. Finance Director Michicoff reported on the Resolution to establish a uniform schedule of fees on an annual basis. He explained that each individual department evaluates the fee structures compared to the services provided within the fee structure and makes recommendation to the Resolution. In total, this fee schedule will increase the annual revenue by $247,000. Council Member Guerra asked for clarification on the $250 fee charged to special non - profit events and requested that the fee be Tess than a for - profit organization is charged. He suggested $100. He requested further explanation of the Environmental Assessment increase from $500 to $850 and the increase of several service fees (18) the Planning Division charges. Community Director Saeki explained that the $250 fee was to cover City staff time when providing assistance to the organizations. However, if Council is in agreement, the fee will be reduced to $100 only for non - profit organizations. The increase of the Environmental Assessment was to cover staff time and the increase of several service fees (18) the Planning Divisions charges were a minimal increases and far below what neighboring cities charge. City Attorney Abich- Garcia stated that the Environmental Assessment fee also included hiring consultants to assist staff with large projects. Council Member Vasquez asked for clarification on what is a minor Conditional Use Permit (CUP). Community Director Saeki stated he would provide Council Member Vasquez with the information at a later time. City Council Regular Meeting Minutes of June 26, 2012 4 Mayor Brossmer invited the public to speak on this item. There being no speakers, it was moved by Council Member Vasquez, seconded by Council Member Marquez, and so ordered by the Mayor to close the public hearing at 9:09 p.m. It was moved by Council Member Vasquez, seconded by Council Member Marquez, and carried 4 -1, with Mayor Pro Tem Gafin excused, to adopt the Resolution as amended. NON - AGENDA PUBLIC COMMENT: The following people spoke regarding the officer- involved shooting: Jean Thaxton Terry (no last name provided) Damien Ramirez Deborah (no last name provided) Ronald Bouris Lema Harris CONSENT CALENDAR ITEMS REMOVED: 6. CASH CONTRACT NO. 681 — TREASURE ISLAND PARK IMPROVEMENT PROJECT — AWARD CONSTRUCTION CONTRACT IN THE AMOUNT OF $400,985.93 TO SOUTH BAY LANDSCAPING, INC.; AND, APPROPRIATE AN ADDITIONAL AMOUNT OF $19,000 FROM THE WATER FUND AND $20,000 FROM THE BEVERAGE CONTAINER RECYCLING FUND: Public Works. This item was pulled at the request of Council Member Marquez and is listed under Other Business. CITY COUNCIL CONSENT CALENDAR: It was moved by Council Member Guerra, seconded by Council Member Vasquez, with Council Member Guerra abstaining from Item No. 12 and Mayor Pro Tem Gafin excused, to approve the remainder of the Consent Calendar. 3. APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings of June 12 and June 19, 2012: City Clerk. 4. APPROVED WARRANTS ISSUED: Warrant Nos. 268618 — 268981; Wire Nos. 30002683 — 30002692 and 903 -906, in the total amount of $3,401,460.07: Finance. 5. CASH CONTRACT NO. S.S. 581 — BELLFLOWER BOULEVARD AND STEWART & GRAY ROAD FIBER -OPTIC INTEGRATION PROJECT: ACCEPTED IMPROVEMENTS AND APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $132,936.72; AND, DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF COMPLETION AND APPROVED $103,055.76 IN CARRY - FORWARD APPROPRIATIONS FOR THIS PROJECT: Public Works. 7. APPROVED I.T. PROFESSIONAL MAINTENANCE AND SUPPORT SERVICES AGREEMENT WITH DATASOURCE SOLUTIONS: Finance. 8. APPROVED AGREEMENT FOR INTERNET VIDEO STREAMING OF CITY MEETINGS WITH AV CAPTURE ALL: City Clerk. City Council Regular Meeting Minutes of June 26, 2012 5 9. RENEWED AGREEMENT WITH GLOBAL LEARNING, INC. FOR TRAINING SERVICES FOR THE ASPIRE PROGRAM: Community Services. 10. APPROVED AN AGREEMENT WITH FARHADI AND ASSOCIATES FOR CIVIL ENGINEERING CONSULTING SERVICES: Public Works. 11. APPROVED AMENDMENTS TO THE AGREEMENT WITH NATIONWIDE ENVIRONMENTAL SERVICES FOR FUEL COSTS, EXTENDING THE AGREEMENT FOR AN ADDITIONAL FIVE YEARS, AND AMENDING RESPONSIBILITIES TO INCLUDE CLEANING OF CATCH BASINS DRAINING: Public Works. 12. APPROVED A MAINTENANCE SERVICES AGREEMENT WITH COMPLETE LANDSCAPE CARE, INC. FOR ON- STREET LANDSCAPE MAINTENANCE SERVICES: Public Works. 13. APPROVED PROFESSIONAL SERVICES AGREEMENT WITH IMS INFRASTRUCTURE MANAGEMENT SERVICES, LLC, TO UPDATE THE CITY'S PAVEMENT MANAGEMENT SYSTEM IN AN AMOUNT NOT TO EXCEED $128,249: Public Works. 14. ADOPTED RESOLUTION NO. 12 -7345, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2012 -13: Finance. OTHER BUSINESS: 6. CASH CONTRACT NO. 681 — TREASURE ISLAND PARK IMPROVEMENT PROJECT — AWARD CONSTRUCTION CONTRACT IN THE AMOUNT OF $400,985.93 TO SOUTH BAY LANDSCAPING, INC.; AND, APPROPRIATE AN ADDITIONAL AMOUNT OF $19,000 FROM THE WATER FUND AND $20,000 FROM THE BEVERAGE CONTAINER RECYCLING FUND: Public Works. Council Member Marquez stated that he has been in favor of this project since being elected. After staff aggressively sought grant funding, the City has successfully secured funding for this project. He mentioned pulling this item to bring it to the forefront and to highlight the effort that was put into this project. It was moved by Council Member Marquez, seconded by Council Member Vasquez, and carried 4 -1, with Mayor Pro Tem Gafin excused, to approve staff's recommendation. ADMINISTRATIVE REPORTS: 15. COUNCIL MEMBER REQUESTED ITEM - AMENDMENT TO THE DOWNEY ART VIBE (DAV) OPERATING AGREEMENT: Council Member Guerra. Council Member Guerra stated that he was assured back in May when approving the Downey Art Vibe Operating Agreement that the name Downey would be present. After allocating $48,000 from the Public Arts Funds and changing the Ordinance, the City has a vested interest in the Downtown. He stated he was pulling this item because he was satisfied with staff's reassurance that the brand Downey would be first and foremost. City Council Regular Meeting Minutes of June 26, 2012 6 STAFF MEMBER COMMENTS: City Manager Livas thanked Council, City staff and department heads for their support of the proposed balanced budget. ADJOURNMENT: The meeting adjourned at 9:48 p.m., to July 10, 2012 at 6:30 p.m. • ADRIA M. JIMENEZ, CMC RO a - C. BROSSMER, Mayor City Clerk City Council Regular Meeting Minutes of June 26, 2012 7