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.
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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.
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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.
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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.
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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.
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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.
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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
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Minutes of June 26, 2012 7