HomeMy WebLinkAboutMinutes - 07-10-12 Regular Meeting MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JULY 10, 2012
The City Council of the City of Downey held a Regular Meeting at 7:30 p.m., July 10, 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
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 Council Member Guerra. The Flag Salute was led by Mayor
Pro Tem Gafin.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND
CONFERENCE /MEETING REPORTS:
Council Member Guerra requested staff look into the California Department of Forestry and Fire
Protection (CAL FIRE) Urban and Community Forestry Grant program for the City; mentioned there
were seven separate ribbon cutting events for new business' in the City; reported attending the Red
Cross Hometown Heroes Luncheon and the Downey Police and Fire Golf Tournament; stated that the
State of California will be auditing several water agencies including the City of Downey.
Council Member Vasquez recognized Emergency Preparedness Committee Member Lee Ann
Sears and other committee members in the audience; reported attending a Fourth of July block party
hosted by the Neighborhood Watch Program, and thanked the Police Department for their assistance
in organizing the events.
Council Member Marquez reported attending various Fourth of July block parties throughout the
.`"' City, in particular the 15 Annual Fourth of July Block Party on Lyndora Street; he thanked the Fire and
Police Department for their enforcement efforts of illegal fireworks and the South East Area Animal
Control Authority (SEAACA) for their efforts in keeping family pets safe.
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Minutes of July 10, 2012 1
Mayor Pro tem Gafin recognized Chamber of Commerce President Patricia Kotze -Ramos who was
in the audience; mentioned the upcoming Downey Twilight Summer Concert events July 6 — August 24
and the Taste of Downey Art & Wine Festival September 20, 2012.
Mayor Brossmer reported attending a theater subcommittee meeting; invited the public to view the
moving of the original full -size Space Shuttle Mock -Up on July 12, 2012; stated that there was an
increase of illegal fireworks this year, and requested the Fire Department implement a plan to address
illegal fireworks for the years to come.
Fire Chief Croom stated that this year marked the highest use of illegal fireworks in the City and a
task force would be put in place to cut the supply from entering the City before next years celebration.
Chief of Police Esteves reported on a collaborated effort in the 1990's between the Fire Department
and the Police Department where both departments patrolled the streets looking for illegal fireworks.
Next year, they will go back to that system adding 8 -10 more staff members on the streets in an
enforcement capacity. He stated that the Police Dispatch Center received 90 firework related calls, up
from 84 the previous year, and firework related citations increased by 20 %.
Mayor Brossmer requested the City Attorney in collaboration with the Fire Chief and Police Chief
review the current City Ordinance regarding illegal fireworks.
Council Member Marquez asked if the current penalties were stiff enough to detract people from
using illegal fireworks.
Chief of Police Esteves stated that the penalty fees charged come from a specific schedule in the
Municipal Code, Health and Safety Code or, the Fire Code and varied starting from $125. ,._..,,
Council Member Guerra stated he remembers penalties being stiffer to deter this activity.
Chief of Police Esteves mentioned that because of challenges with the court system and the
economy it's been difficult to issue stiffer penalties.
Council Member Guerra advised that a person has to be caught in the act of lighting illegal
fireworks in order to be able to enforce the City ordinance making it difficult to penalize a person.
PRESENTATIONS: None.
NON - AGENDA PUBLIC COMMENT:
Sheila Couch, resident spoke about the Downey Charter Amendment 702 in regards to City Police
and Fire staff, stated that outsourcing of vile city personnel is inconsistent with the City Charter.
Kenneth, resident, spoke about his concern of motor home parking on Rock Avenue and would
like the City to look into adopting an ordinance that would no longer allow motor home parking on
residential streets.
The following people spoke regarding the officer - involved shooting:
Terry (no last name provided)
Jean Thaxton
Damien Ramirez
Ronald Bouris
Sherry (no name provided)
Paul Orloff
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Minutes of July 10, 2012 2
Chuch Hahna, resident, spoke about his frustration in attending a non - patriotic Fourth of July
celebration hosted by the Calvary Chapel in Downey.
John Lacey, resident, cited a poem.
CONSENT CALENDAR ITEMS REMOVED:
9. ADOPTED RESOLUTION NO. 12-7347, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF DOWNEY AND THE DOWNEY FIREMEN'S ASSOCIATION (December 31, 2012 —
December 31, 2014) BY ADOPTING THE SIDE LETTER OF AGREEMENT: Human Resources.
This item was pulled by Kent Halbmaier and is listed under Other Business.
CITY COUNCIL CONSENT CALENDAR:
It was moved by Mayor Pro Tem Gafin, seconded by Council Member Guerra, with Mayor Pro Tem
Gafin abstaining from Item No. 1, to approve the remainder of the Consent Calendar.
1. APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings of June 26, 2012:
City Clerk.
2. APPROVED WARRANTS ISSUED: Warrant Nos. 268982 — 269328; Wire Nos. 30002693 —
30002701 and 907 — 910, in the total amount of $3,997,371.94: Finance.
3. CASH CONTRACT NO. 664C - FIRE STATION #1 SECURITY GATES PROJECT: ACCEPTED
THE IMPROVEMENTS, APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF
$68,074.72 AND DIRECTED THE DIRECTOR OF PUBLIC WORKS TO FILE THE NOTICE OF
COMPLETION: Public Works.
4. CASH CONTRACT NO. 674 - HVAC LIBRARY & THEATRE: ACCEPTED IMPROVEMENTS AND
APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $1,009,652.48 AND
DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF COMPLETION: Public
Works.
5. CASH CONTRACT NO. SS 630 — COLUMBIA WAY PAVEMENT REHABILITATION: APPROVED
THE PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS: Public
Works.
6. APPROVED AGREEMENT FOR SERVICES WITH DOWNEY CHAMBER OF COMMERCE
FY 2012 -13 AND AUTHORIZED STAFF TO REIMBURSE THE CHAMBER OF COMMERCE FOR
SERVICES RENDERED DURING FY 2011 -12 IN THE AMOUNT OF $33,000: Community
Development.
7. APPROVED AN AGREEMENT WITH CROSSTOWN ELECTRICAL & DATA, INC. TO PROVIDE
FIBER OPTIC COMMUNICATION MAINTENANCE AND TECHNICAL SUPPORT SERVICES ON
AN ON -CALL BASIS IN CONJUNCTION WITH THE CITY TRAFFIC MANAGEMENT SYSTEM:
Public Works.
8. ADOPTED RESOLUTION NO. 12 -7346, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF DOWNEY AND THE DOWNEY POLICE OFFICERS' ASSOCIATION (June 30, 2008 — June
30, 2015) BY ADOPTING THE SIDE LETTER OF AGREEMENT: Human Resources.
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Minutes of July 10, 2012 3
10. ADOPTED 2012 INVESTMENT POLICY: Finance.
11. HIGHWAY SAFETY IMPROVEMENT PROGRAM CYCLE 5- APPROVED THE SUBMITTAL OF
FUNDING APPLICATIONS AND EXECUTED PROFESSIONAL SERVICES AGREEMENT: Public
Works.
A. ADOPTED RESOLUTION NO. 12 -7351, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE SUBMITTAL OF FUNDING APPLICATIONS FOR
RAISED MEDIAN ISLAND PROJECTS AND TRAFFIC SIGNAL UPGRADE PROJECTS
UNDER THE HIGHWAY SAFETY IMPROVEMENT PROGRAM, CYCLE 5; AND,
B. AUTHORIZED THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH LAE ASSOCIATES FOR THE PREPARATION OF HIGHWAY SAFETY IMPROVEMENT
PROGRAM GRANT APPLICATIONS FOR THE THREE AFOREMENTIONED RAISED
MEDIAN ISLAND PROJECTS IN AN AMOUNT NOT TO EXCEED $21,000.
ADMINISTRATIVE REPORTS:
12. BALLOT MEASURE TO AMEND ARTICLE VI, CHAPTER 1 D, DOWNEY UTILITY USERS' TAX
ORDINANCE FOR SUBMISSION TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION
ON TUESDAY, NOVEMBER 6, 2012: City Attorney.
A. ADOPTED RESOLUTION NO. 12- 7348, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF
THE CITY OF A CERTAIN MEASURE AMENDING ARTICLE VI, CHAPTER 1 D OF THE
DOWNEY MUNICIPAL CODE, THE UTILITY USERS' TAX, AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012: City Attorney
B. ADOPTED RESOLUTION NO. 12- 7349, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS
PERTAINING TO A PROPOSED MEASURE AMENDNG ARTICLE VI, CHAPTER 1D OF THE
DOWNEY MUNICIPAL CODE, THE UTILITY USERS' TAX, AND DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS: City Attorney
C. ADOPTED RESOLUTION NO. 12 -7350, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS WITH
RESPECT TO A PROPOSED MEASURE AMENDING ARTICLE VI, CHAPTER 1D OF THE
DOWNEY MUNICIPAL CODE, THE UTILITY USERS' TAX, SUBMITTED TO THE QUALIFIED
ELECTORS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 6, 2012: City Attorney.
City Attorney Abich- Garcia reported on the request to adopt required Resolutions in order to place a
ballot measure before the voters for the November 6, 2012 General Municipal Election which would
update the City's Utility User Tax (UUT) Ordinance. She stated that since 1970 Downey residents have
paid a UUT on telephone, electric, and gas services with the current tax rate of 5 %. In 1977, City
Council suspended the UUT for water and cable television services; that suspension is still in place
today. The advances in telecommunication services have made it necessary to modernize the City's 42
year old UUT Ordinance, particularly the portion of UUT that deals with telephones services. When the
UUT Ordinance was enacted, phone service was simpler, highly regulated, and offered by few -
providers. Today, there are several telecommunication services, plans, and providers. The intent of the
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Minutes of July 10, 2012 4
ballot measure is to modernize the UUT Ordinance to treat all users of telecommunication services the
same regardless of the technology used. The significant change proposed to the UUT ordinance is a
decrease of the telephone user's tax from 5 % to 4.8% to ensure the new ordinance is revenue neutral.
The tax rate for electricity and gas services will remain unchanged at 5 %. The new proposed ordinance
will contain a modern and functional definition of telecommunication services that is technology neutral,
newer forms of telephone technology, and cover the possibility of new technologies. An update to the
ordinance would clarify definitions regarding the components of electricity and gas services that are
already subject to the UUT, provide administrative tools for addressing telephone, electricity and gas
tax issues, include an improved collection and refund provisions, and also will include provisions that
would give authority to the tax collector or tax administrator to give administrative rulings and administer
the UUT in a more efficient way. All City revenue and expenditures, particularly those collected under
the UUT, will continue to be subject to an independent third party audit.
Council Member Guerra asked for clarification on the telecommunication tax revenue that is
currently being collected.
City Attorney Abich- Garcia explained that revenue is being collected on telephone only for local
calls, wireless calls, and long distance calls. However, new technology such as specialty dialing
features, 1 -800, 1 -900, voicemail, and text messaging are not subject to tax under the City's current
ordinance because of the outdated definition of telecommunication services in the ordinance.
Council Member Guerra requested the City Attorney read out loud the ballot measure wording.
City Attorney Abich- Garcia stated the measure reads, "Shall an ordinance be adopted to reduce the
tax on telecommunication services from 5% to 4.8 %, modernize the ordinance to treat tax payers
equally regardless of technology used and to preserve funding of general City services such as police,
fire protection, street maintenance, parks, recreation, library and senior citizen programs subject to an
annual independent audit, Yes or No."
Council Member Guerra asked for clarification on a potential down fall if the voters elected not to
pass the measure.
City Attorney Abich- Garcia reported that in the short term if the measure was not adopted by the
majority of the voters, the 5% tax rate would stay in place for telephone, gas, and electric. In the long
term, as seen in other Cities that have outdated definitions and elements of their ordinance similar to
Downey, are experiencing legal litigation when challenging their UUT. The City of Downey is being pro-
active in trying to correct an outdated ordinance and avoid legislative action and legal litigation in trying
to collect tax in the future.
Council Member Guerra asked if this complied with Proposition 218.
City Attorney Abich- Garcia stated yes.
Council Member Marquez asked for clarification if there would be a tax rate increase if we
modernized the ordinance.
City Attorney Abich- Garcia stated that there would be no tax increase. The telephone user tax
element of the UUT is decreasing from 5% to 4.8% and the UUT for gas and electric will remain
unchanged.
Council Member Vasquez mentioned that about 80% of households depend on cell phone, no
longer a telephone land line. Being reassured that this measure would not raise taxes, he stated he
was in support of this issue.
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Minutes of July 10, 2012 5
It was moved by Council Member Guerra, seconded by Mayor Pro Tem Gafin and unanimously
carried to adopt Resolution 12 -7348.
It was moved by Mayor Pro Tem Gafin, seconded by Council Member Vasquez and unanimously
carried to adopt Resolution 12 -7349, as amended.
It was moved by Council Member Vasquez, seconded by Mayor Pro Tem Gafin and unanimously
carried to adopt Resolution 12 -7350.
OTHER BUSINESS:
9. ADOPTED RESOLUTION NO. 12-7347, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF DOWNEY AND THE DOWNEY FIREMEN'S ASSOCIATION (December 31, 2012 —
December 31, 2014) BY ADOPTING THE SIDE LETTER OF AGREEMENT: Human Resources.
Kent Halbmaier requested reassurance that services and resources provided to the citizens would
not be impacted with the closing of the Engine Company at Fire Station 1.
Fire Chief Croom stated there would be a decrease in services with the closing of a fire engine at
Fire Station 1 and by attrition, the elimination of nine fire fighters. To efficiently and effectively maintain
service without increasing the risk to life or property the Fire Department looked closely at the
calculated risk versus the actual risk. After reviewing extensive data it was determined that 82% of calls
were medical related therefore, a paramedic company would not be closed. In the last calendar year
there were 2.6% actual working fires in Fire District 1 and Fire Station 1 is a water and pump station.
The Fire Departments response time will be monitored to make sure it does not increase to an —
unacceptable level. Staff is working with fire fighters and an Operational Committee to review joining
two companies when there is an active working fire in Fire District 1. The Committee would determine
what plan would work best to keep the fire fighters and the community safe. Although it is definitely a
change from the past 55 years, service has to continue with minimal risk.
Steve Davis, President of the Downey Firemen's Association, spoke about a recent article
published in the Downey Patriot. Mr. Davis stated that the Downey Fire Department's budget has been
cut by 10% and one Fire Engine Company had been taken out of service. He stated safety is top
priority and cuts in personnel and services are not proposed nor supported by Downey 's first
responders because a reduction of staff could potentially put fire fighters and the community at risk. He
stated the fire fighters and paramedics understand current difficult economic times. Therefore, agreed
to a short term solution of significant cuts in salary and benefits. The new contract will reduce fire
fighter's pay and benefits on an average of $1200 per month, allow for significant contributions to
medical and pension compensation benefits with a savings to Downey tax payers of more than $1.7
million annually. He reported on some alternatives to reducing services. One option would be to
contract with the Los Angeles County Fire Department. He requested phase one of a two phase
feasibility study be conducted to save Downey tax payers in operating cost and improve fire and
paramedic services. The City's unfunded pension liability would be reduced significantly and costly fire
fighter overtime eliminated. With emergency service to the residents being the top priority, he urged the
City Council to approve the exploration of contracting fire and paramedic services with the Los Angeles
County Fire Department.
Council Member Guerra stated the Fire Department was not going to lay off staff; however, by
attrition, the City was going to lose staff with the closing of Fire Engine 1. He also stated there was no —
cut in pay. There was a reduction to medical and retirement benefits. He thanked and mentioned being
very proud of the Fire and Police Departments. He stated that in 1988 Downey residents passed a
ballot measure by a percentage of 85 -15 mandating that any change in Fire or Police services must be
City Council Regular Meeting
Minutes of July 10, 2012 6
approved by voters. Because he is committed to doing what is in the best interest of the City and do
what the voters wanted, he can not vote nor participate in a feasibility study or the disbanding of the
Fire Department.
Mr. Davis stated that the reduction in pay came from having to contribute to an employee benefit
that was once paid solely by the City. Regarding the citizens vote of 15 years ago, he stated that the
economy and City demographics have changed significantly and a feasibility study would allow for the
City to make an informed decision.
Council Member Guerra asked what the savings to the City would have to be, after a feasibility
study, to warrant disbanding the City's Fire Department, with the clear understanding that it would still
have to go up for vote to the citizens.
Mayor Brossmer re- enforced that the citizens not the Council would have the final say with their
vote.
Mr. Davis stated that all he was requesting was for a feasibility study to be conducted.
Council Member Marquez asked for clarification on the purpose of a feasibility study and what it
would mean to the Fireman's Association.
Mr. Davis reported that if other options are not considered it would be fiscally irresponsible not to do
a feasibility study. Once information from the study is provided and upon review from the Council, the
Council can then determine if it should be taken to the voters.
Council Member Guerra stated that he was happy to vote for labor agreements for the first time in
two years. He congratulated and thanked the Fire Department. He stated he was confident the Fire
Chief and Fire Department would closely monitor all changes to ensure public safety was not affected.
Council Member Marquez thanked all of the Associations for their cooperation. He sated that public
safety and quality of service were a top priority.
It was moved by Council Member Guerra and seconded by Mayor Pro Tem Gafin and unanimously
carried to adopt the Resolution.
STAFF MEMBER COMMENTS:
City Manager Livas reassured the public that public safety is always a priority of the City Council
and encompasses 70% of the City's Budget.
ADJOURNMENT:
The meeting adjourned at 9:04p.m., to 6:30 p.m., July 24, 2012.
C - y .„.
1
AD RIA M. JIMENEZ, C C ROCS ,R C. : ROSSMER, Mayor
City Clerk
City Council Regular Meeting
Minutes of July 10, 2012 7