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HomeMy WebLinkAboutMinutes - 07-24-12 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JULY 24, 2012 The City Council of the City of Downey held a Regular Meeting at 7:30 p.m., July 24, 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, Chief of Police Brian Saeki, Community Development Director Arlene Salazar, Interim Parks & Recreation Director _--_ John Michicoff, Finance Director Gladys Chavez, Secretary The Invocation was delivered by Council Member Guerra. The Flag Salute was led by Dean Michael, Longtime Downey Resident. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE /MEETING REPORTS: Council Member Vasquez reported attending the Independent Cities Association (ICA) Conference and attended workshops focusing on Emergency Preparedness. He recognized Emergency Preparedness Committee Member Lee Ann Sears and Kiwanis Member Alex Guiton who were in the audience. Council Member Marquez reported attending the Independent Cities Association (ICA) Conference and attended workshops focusing on Emergency Preparedness; mentioned the commencing of the 2012 Twilight Summer Concert Series at Furman Park; attended the Treasure Island Park Ground Breaking event and thanked staff for securing grants to allow for park improvements; and, recognized Public Facilities Financing Corporation Committee Member Carlos Galvan who was in the audience. Council Member Guerra reported attending the Independent Cities Association (ICA) Conference and attended workshops focusing on Emergency Preparedness; mentioned this year's Annual Businesses of the Year and Volunteer Awards Luncheon will be held July 27 at the Rio Hondo Event Center; reported on several ribbon cutting events for new businesses in the City, and thanked the Unity ---- in the Community group for being the genesis of the Neighborhood Watch program and for making a difference in the community. City Council Regular Meeting Minutes of July 24, 2012 1 Mayor Pro tem Gafin reported attending the Independent Cities Association (ICA) Conference and attended workshops focusing on Emergency Preparedness and attended a workshop in "Combating Obesity Crisis Public Infrastructure;" He invited everyone to the 2012 Twilight Summer Concert Series at Furman Park; requested staff disband the Hospital Commission having achieved the Commission's purpose; and, recognized President of the Downey Los Amigos Kiwanis Club and President of the Downey Chamber of Commerce, Alexis Saab, who was in the audience. Mayor Brossmer reported attending the Treasure Island Park Ground Breaking event and thanked residents and staff for their support; reported attending the Independent Cities Association (ICA) Conference and attended workshops focusing on Emergency Preparedness; and, advised of the upcoming Emergency Water Barrel distribution event scheduled for Saturday, July 28 at West Middle School. PRESENTATIONS: Mayor Brossmer presented a Proclamation in Recognition of National Parents of the Year to: Chris Lam and Valy Phann; Dave and Lynne Corapi. CONSENT CALENDAR ITEMS REMOVED: None. CITY COUNCIL CONSENT CALENDAR It was moved by Mayor Pro Tem Gafin, seconded by Council Member Guerra, with Council Member Guerra abstaining from Item No. 7 and Council Member Vasquez abstaining from Item Nos. 3 and 4, to approve the Consent Calendar. 1. APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings of July 10, 2012: City Clerk. 2. APPROVED WARRANTS ISSUED: Warrant Nos. 269329 — 269642; Wire Nos. 30002703 — 30002711 and, 911 — 918 in the total amount of $4,282,174.48: Finance. 3. CASH CONTRACT NO. S.S. 628 - BROOKSHIRE AVENUE PAVEMENT REHABILITATION PROJECT: APPROVED THE PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS: Public Works. 4. CASH CONTRACT NO. S.S. 640 - ANNUAL MISCELLANEOUS CONCRETE CONSTRUCTION AND REPAIR FOR AREAS "A" & "B ": APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS: Public Works. 5. APPROVED AGREEMENT FOR FEDERAL LEGISLATIVE ADVOCACY SERVICES: Administration. 6. APPROVED AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF DOWNEY AND CALIFORNIA CERTIFIED FARMERS MARKETS (DBA: RAW INSPIRATION), FOR RELOCATING THE FARMERS' MARKET FROM SECOND STREET, BETWEEN NEW STREET AND LA REINA AVENUE, TO DOWNEY AVENUE, BETWEEN SECOND AND THIRD STREETS, AND, ADOPTED RESOLUTION NO. 12-7352, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE CLOSURE OF DOWNEY AVENUE BETWEEN SECOND AND THIRD STREETS EVERY SATURDAY FROM 8 A.M. TO 2 P.M.: Community Development. City Council Regular Meeting Minutes of July 24, 2012 2 7. AUTHORIZED THE CITY MANAGER TO RE -ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH RMI INTERNATIONAL, INC., TO PROVIDE PARKING SECURITY SERVICES AT THE CITY -OWNED DOWNTOWN PARKING STRUCTURE, ADJACENT PUBLIC PARKING LOT, AND SURROUNDING PUBLIC AREAS: Community Development. 8. ADOPTED RESOLUTION NO. 12-7353, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES' ASSOCIATION — MISCELLANEOUS UNIT (April 1, 2012 — March 31, 2014): Human Resources. 9. ADOPTED RESOLUTION NO. 12-7354, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES' ASSOCIATION — MAINTENANCE UNIT (April 1, 2012 — March 31, 2014): Human Resources. 10. ADOPTED RESOLUTION NO. 12-7355, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION (November 1, 2010 — March 31, 2014): Human Resources. 11. ADOPTED RESOLUTION NO. 12-7356, 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 MANAGEMENT ASSOCIATION (July 1, 2011 — June 30, 2015) BY ADOPTING THE SIDE LETTER OF AGREEMENT: Human Resources. -- 12. ADOPTED RESOLUTION NO. 12-7357, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING THE BENEFITS PAYABLE TO EMPLOYEES IN CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT, MIDDLE MANAGEMENT AND CONFIDENTIAL /EXEMPT; AND REPEALING PRIOR RESOLUTIONS: Human Resources. Items Nos. 13, 15, and 16 were taken out of order. ADMINISTRATIVE REPORTS: 13. DISCUSSION OF ALLOWING RESTAURANTS WITH LIVE ENTERTAINMENT IN THE (PROFESSIONAL OFFICE) ZONE ALONG FLORENCE AVENUE: Community Development. It was moved by Mayor Pro Tem Gafin, seconded by Council Member Guerra and unanimously carried to continue Item No. 13 to August 14, 2012. 15. DISCUSSION ON ALLOWING A FEASIBILITY STUDY TO BE CONDUCTED BY THE LOS ANGELES COUNTY FIRE DEPARTMENT FOR CONTRACT FIRE SERVICES FOR THE CITY OF DOWNEY: Council Member Marquez. Council Member Marquez stated his priority was to have an open discussion and collect all of the facts in the event this issue was brought to the voters. He stated he was not in favor of contracting with the Los Angeles County Fire Department. ..� Mayor Brossmer opened Public Comment at 7:51 p.m. City Council Regular Meeting Minutes of July 24, 2012 3 Steve Davis, President of the Downey Firemen's Association urged the City Council to vote for a phase one feasibility study and to place a Charter amendment on the November 6 election ballot to re- appeal Downey Charter Section 702. He stated that a feasibility study would provide Downey residents with facts on how they would best be served by contracting with the Los Angeles County Fire Department and would provide the highest level of fire and paramedic services for less money, increase the number of fire stations from 4 to 16, and provide better service when resources are committed and multiple emergencies are occurring. Downey would no longer need to rely on mutual aid from surrounding municipalities, and overtime pay would be eliminated. Sam Mathis, resident, stated he was in favor of a feasibility study but would like for it to be conducted by a third party and not by the Los Angeles County Fire Department. Lourdes Cotalla, resident, stated she receives quality service from the Downey Fire Department and was not in favor of a feasibility study being conducted especially when considering the 1998 vote the citizens being in opposition of disbanding the City's Fire Department. Ruben Salgado, resident, stated his concern was that a feasibility study may lead to a lesser quality of fire service. Harold Tslekenis, requested there be an advisory committee made up of citizens. The committee would then report back to the Council with recommendations and then the Council can make the decision. John Lacey, stated that a feasibility study should be done in -house and asked what precipitated a need to change the City's Charter. Having no further speakers Mayor Brossmer closed the Public Comment at 8:50 p.m. Mayor Pro Tem Gafin stated this decision was the most critical one he has made since serving on the Council. He stated the request for a feasibility study that could potentially lead to the disbanding of the Fire Department was a long term commitment for a temporary condition, and the citizens were not in favor of it. He stated that the Downey Fire Department has been the pride of the City for the past 55 years and was a big reason families chose to live in Downey. He stated even when the economy does recover and if the Fire Department was disbanded today the City would not have the means to bring it back in the future. Council Member Guerra stated he was disappointed in the Firemen's Association's request for a feasibility study. He reported on many services for which the City contracts and stated that the City of Downey does not contract for fire or police services. Emergency response times had increased minimally after one engine was taken out of commission and although the feasibility study itself was at no cost to the City, it is in fact very expensive if you factor in the staff time it would consume to complete the comprehensive questionnaire. He stated he is committed to his campaign promise to keep Downey Fire and Police in the City. Council Member Vasquez mentioned his focus was statistical information and thus far has seen no evidence to suggest the City is now at a greater risk during emergencies. He asked for clarification on the cost of a feasibility study, what information it would provide the City, if the studies were solely conducted by the Los Angeles County Fire Department, and if the City would be able to review the results, comment on them, and ask questions. City Manager Livas stated that the feasibility study would be free but as Council Member Guerra pointed out it will require significant staff time to complete the initial questionnaire. City Council Regular Meeting Minutes of July 24, 2012 4 Fire Chief Croom did not know the exact amount of staff time it would take to complete the feasibility study questionnaire but, in speaking with personnel from a neighboring City who had gone through the process; it took in excess of 40 hours of staff time. He explained that the study would look at emergency response times, location of stations, sphere of influence, and how the City's current stations would benefit the County and surrounding Cities. He stated that he was not aware of any third party that conducted feasibility studies and the City would receive the study as is. Council Member Marquez repeated the fact that this issue was before the public today in order to discuss it openly. He wanted reassurance that emergency response times were acceptable and the public was in no greater risk due to recent budget cuts affecting all City personnel but, specifically the City's Fire Department. He asked how the City would be impacted if surrounding cities disbanded their Fire Departments and asked for the exact number of positions eliminated from the Fire Department. Fire Chief Croom reported occasionally the City of Downey receives assistance from neighboring cities and the City would feel the impact if those cities disband their Fire Departments. He stated that the safety of the public is reviewed and analyzed daily to ensure resources are available. He reassured staff that during a medical emergency the closest paramedic unit would respond regardless of the Fire Department. Currently, the City receives the most assistance from neighboring cities for medical related emergencies. He reported on the recent Toss of nine firefighter positions due to attrition, one Deputy Fire Marshall, one Fire Prevention Inspector, and one full -time I.T. position. Council Member Marquez asked Mr. Davis why the Firemen's Association is requesting Council vote in favor of a feasibility study and if the majority of the members agree with his request. Mr. Davis stated emergency response times are the focus; the community may be at a higher risk with the recent closure of a fire engine. A feasibility study would provide the information necessary to w know if contracting with the Los Angeles County Fire Department would provide better coverage to the City. He stated the majority of the Association was in favor of a feasibility study. Council Member Guerra stated he had been informed by citizens and a few Council Members that the Firemen's Association had discussed joining the Los Angeles County Fire Department in recent months. He asked Mr. Davis to clarify if the Association had indeed considered it prior to knowing of the forth coming budget reductions and asked if they had knowledge that the City was closing one fire engine during negotiations. Mr. Davis explained that prior to this date the Fire Department did not discuss joining the Los Angeles County Fire Department. They were aware the City would close one fire engine during negotiations but did not support the decision. He mentioned that the Fire Department was asked to make a $1.8 million budget cut and the only way to achieve a significant savings was to close a fire engine. He stated the citizens should have been given the opportunity to vote on whether they agreed or disagreed with the City closing one fire engine station. Council Member Guerra asked if the Fire Department considered having a feasibility study or join a neighboring City for emergency services. He stated if the City was looking for the best service, the City of Santa Fe Springs is local and currently provides assistance to our City. Fire Chief Croom stated joining the City of Santa Fe Springs was discussed by both of the Chiefs in the mid 1990's and both Chiefs determined that such a decision would not benefit either City, but he mentioned it was definitely something that can be re- considered. City Council Regular Meeting Minutes of July 24, 2012 5 Mayor Brossmer stated he was in favor of a feasibility study because he believed it was important to be prepared and informed. In the event this issue was brought to a vote, the City would have to provide the citizens with information in order for them to make a decision. He stated he agreed with Council Member Guerra about the study not being free, if you take into consideration staff time to complete the questionnaire. It was moved by Council Member Marquez, seconded by Council Member Vasquez, and carried 3 -2, with Mayor Pro Tem Gafin and Council Member Guerra voting no, to approve the feasibility study to be conducted by the Los Angeles County Fire Department. 16. DISCUSSION OF CITY OF DOWNEY CHARTER, ARTICLE VII — OFFICERS AND EMPLOYEES, SECTION 702 - ADMINISTRATIVE FUNCTIONS: Council Member Marquez. Mayor Brossmer stated he was opposed to amending the City Charter now because it was too premature. He mentioned that once the results of the feasibility study were available and the City had time to review the results, Council could take proper action at that time. Council Member Guerra agreed that looking into amending the City Charter was premature when you consider there is no data to review. Once the feasibility study is conducted the Council can discuss the issue. Council Member Vasquez stated that the information he had reviewed does not suggest that the City is in dire need of change and he does not support this issue. Council Member Marquez asked City Attorney Abich- Garcia if the City was in compliance with Article VII of the City Charter and what steps need to be taken in order to be able to amend the City Charter from a 2/3 vote to a simple majority. City Attorney Abich- Garcia stated she received a letter from the Firemen's Association raising two legal issues. The first was in regards to Charter 702, specifically the provision about the City's requirement to staff its Fire and Police services; and, second the 2/3 vote requirement. She stated the concerns raised were currently under legal review and once she receives and has reviewed the legal analysis she will respond to the City Council. She stated that a decision to amend the City Charter would have to be placed on the ballot by the City Council, on its own motion, no later than July 27. Because the City's election is consolidated with LA County and all documents must be submitted by August 21, having the Council place a measure on the ballot does not allow enough time for the City to meet required timelines to receive ballot arguments and allow rebuttals. The second option would be to amend the Charter initiated by a petition which requires signatures of 15% of registered voters in the City. Council Member Marquez stated that it was clear any decisions made on this issue, currently or in the future would be made by the voters. Mayor Brossmer opened Public Comment at 9:22 p.m. Lourdes Cotalla, resident, stated the community was not interested in moving forward with this issue. There be no further speakers, Mayor Brossmer closed Public Comment at 9:24 p.m. Council Member Guerra asked for clarification on what two items the Council was voting on. City Council Regular Meeting Minutes of July 24, 2012 6 Mayor Brossmer clarified that the two items before Council were at the request of the Fire Department and they were, to change the 2/3 vote to a simple majority and not to place it on the ballot of a General Municipal Election and he was not in favor of either item. Council Member Guerra understood the two items as explained and agreed with Mayor Brossmer stating he was not in favor of either one. It was moved by Council Member Marquez, seconded by Council Member Vasquez and unanimously carried to receive and file. NON - AGENDA PUBLIC COMMENT: Greta Campbell, spoke about the effects of homelessness in the City of Downey and read aloud excerpts from her blog. George Redfox, Downey Museum of Art President, spoke about the recent demolition of the mural at Downey High School. He asked why the cost of relocating the mural was not factored into the construction project. David, student, spoke about the recent demolition of the mural at Downey High School and asked why funds were not set aside to relocate the mural prior to the demolition. The following people spoke regarding the officer - involved shooting: Terry (no last name provided) Jean Thaxton Sara Ramirez Damien Ramirez OTHER BUSINESS: 14. ADOPTED RESOLUTION NO. 12-7358, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING A VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL MEETING, SEPTEMBER 5 -7, 2012, IN SAN DIEGO: Mayor Brossmer. Council Member Marquez requested nomination of voting delegate for the City of Downey. It was moved by Council Member Marquez, seconded by Council Member Guerra and unanimously carried to approve the nomination. ADJOURNMENT: The meeting adjourned at 10:08 p.m., to 6:30 p.m., August 14, 2012, in Memory of Craig M. Perez, Jr., son of Mary Lou Perez, Fire Communications Operator. 7 \ 7 x-, —, _. ! /ems A ✓" ti (I ADRIA M. JI/IEN Z, C C ROGER C. BROSSMER, Mayor City Clerk City Council Regular Meeting Minutes of July 24, 2012 7