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HomeMy WebLinkAboutMinutes - 05-14-13 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING MAY 14, 2013 The City Council of the City of Downey held a Regular Meeting at 7:32 p.m., May 14, 2013, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Guerra presiding. PRESENT: Council Members: Mario A. Guerra Mayor Fernando Vasquez Mayor Pro Tem Roger C. Brossmer Luis H. Marquez Alex Saab ALSO PRESENT: Gilbert Livas, City Manager John Oskoui, Assistant City Manager Yvette M. Abich Garcia, City Attorney Adria M. Jimenez, CMC, City Clerk Shannon DeLong, Assistant to the City Manager Lonnie Croom, Fire Chief Carl Charles, Police Chief Brian Saeki, Community Development Director Arlene Salazar, Parks & Recreation Director Gladys Chavez, Secretary The Invocation was delivered Pastor Eric Edquist of the Life Church Foursquare. The Flag Salute was led by Public Works Commissioner Lars Clutterham. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE /MEETING REPORTS Council Member Marquez welcomed everyone in attendance. Council Member Saab welcomed Downey Chamber of Commerce Interim Executive Director Clausen who was in the audience. He invited everyone to attend an event sponsored by the Downey Chamber of Commerce called "Let's do Lunch ". He reported attending Kids Day at Furman Park and thanked the Downey Police Department for their educational presentations during the event, the Downey Bike Coalition for their valet service, staff and volunteers. He reported attending the Rancho /Las Floristas Basketball Wheelchair Tournament and the 29 Annual Downey Street Faire and thanked the Downey Chamber of Commerce, Chairperson Rodriguez, staff and volunteers. He reported attending a theater sub - committee meeting and encouraged residents to provide feedback or questions. He reported attending the Kids Hall of Fame event and thanked and congratulated Parks and Recreation Director Salazar for a great event. He requested staff properly notify residents of the upcoming Woodruff Avenue/Via Amorita street light meeting and requested the City Council be provided with all pertinent documents prior to the meeting. He thanked staff and the City Manager's -- office for providing the attendance record of all Commission and Committee members and requested the City Council hold accountable any absent member and also requested any vacancies be filled as soon as possible. He request the City Clerk and City Manager research to see if it would be possible to distribute Agenda packets before the Friday of the week prior to a City Council meeting. City Council Regular Meeting Minutes of May 14, 2013 1 Council Member Brossmer welcomed Downey Unified School District Board Member Sodetani and former Downey Mayor Cartozian. Mayor Pro Tem Vasquez reported participating in Ride your Bike to School Day. He reported attending Kids Day at Furman Park and thanked Parks and Recreation Director Salazar, the Downey Police Department, and the Downey Fire Department for a great event. He requested staff look at the oversize pine trees and how the roots are impacting sidewalks and homes in the 9600 block of Mueller Street, west of Westerford. He reported attending two Neighborhood Watch meetings. He stated he spoke to Public Works Director Oskoui regarding the Via Amorita and Woodruff Avenue street light issue and emphasized to residents that they will be notified of an upcoming meeting. Mayor Guerra reported attending Kids Day at Furman Park that began with a bicycle ride from Apollo Park organized by the Downey Bike Coalition. He reported participating in Ride your Bike to School Day. He reported attending a Healthy Downey Partners meeting at Rancho Los Amigos National Rehabilitation Center. He invited everyone to the Mayor's Walking Wednesdays at Downey High School. He reported attending a Neighborhood Watch meeting and thanked Cavalry Chapel for hosting the meeting. He stated that tonight's City Council Meeting will be adjourned in memory of Downey residents who have passed away and also in honor of thirteen service men that have lost their lives in Operation Enduring Freedom. He reported participating in a walk organized by Assemblywoman Garcia at Treasure Island Park and reminded residents that the dedication of the park will be held in June. He reported attending the 29 Annual Street Faire and thanked the Downey Chamber of Commerce for a wonderful event and the Downey Police Department for keeping everyone safe. He thanked and recognized all local service organizations, in particular the Downey Woman's Club, for making a difference in the community. PRESENTATIONS { Mayor Guerra's Healthy Downey weight was 264 pounds. Mayor Guerra presented a Certificate of Appointment to Lars Clutterham for his appointment to the Green Task Force for Council District 2. Mayor Guerra, Downey Police Chief Charles, and Highway Patrol Captain Dan Minor presented the California Highway Patrol (CHP) 10851 Award to: Officer Ivan Rodriguez; Officer Marko Milosevich; Officer Bryan Chaidez; Officer Damien Ortega; Corporal Jeff Hill; and, Officer Michael Hernandez. Mayor Guerra presented a Proclamation to Gilbert Salinas, Alexandra Schang, Katherine Gill, Melissa Brose, Time Taylor, and Angelica Molina and proclaimed May 2013 as Stroke Awareness Month. Mayor Guerra presented a Certificate of Recognition to Gilbert Salinas, Director of Patient and Community Relations /PIO of Rancho Los Amigos National Rehabilitation Center for being awarded the Institute for Healthcare Improvements 2013 Fellowship Program as a Kaiser Safety Net Fellow. Mayor Guerra unveiled a painting of Governor John Gately Downey by Artist Maureen Gaffney - Wolfson. Mayor Guerra presented a Proclamation to Steve Sampley, Robert Flynn, and Margarita Baird and proclaimed May as Older American Month. Mayor Guerra presented a Proclamation to Lars Clutterham, and proclaimed May 13 -19, 2013 as Bike to Work Week. City Council Regular Meeting Minutes of May 14, 2013 2 Mayor Guerra presented a Proclamation to Brian Regalbuto, and proclaimed May 18 -24, 2013 as National Safe Boating Week. Mayor Guerra presented a Proclamation for National Public Works Week declaring May 19 -25, 2013, as National Public Works Week; and, presented a Certificate of Recognition to Ahmed Husain, Lisa Fox, and Carlos Regalado. Myra Valle, gave a Presentation of the Patriot Award to various City staff members by The Employer Support of the Guard & Reserve on behalf of Military Service Member /City Employee George De La Torre for efforts made to support Citizen Warriors and presented a Certificate of Recognition to: Council Members Brossmer, Council Member Marquez, Council Member Saab, Mayor Pro Tem Vasquez, Mayor Guerra, Gilbert Livas, John Oskoui, Irma Youssefieh, and Gladys Chavez. PUBLIC HEARING 1. DOWNEY MUNICIPAL CODE AMENDMENT - EMERGENCY SHELTERS, TRANSITIONAL HOUSING, SUPPORTIVE HOUSING, AND SINGLE RESIDENT OCCUPANCIES: Community Development. A. INTRODUCE ORDINANCE NO 13- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO ARTICLE IX OF THE DOWNEY MUNICIPAL CODE (PLN -13- 00029), THEREBY ALLOWING THE ESTABLISHMENT OF EMERGENCY SHELTERS, TRANSITIONAL HOUSING, SUPPORTIVE HOUSING, AND SINGLE RESIDENT OCCUPANCIES. Mayor Guerra opened the Public Hearing at 8:45 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Council Member Brossmer, seconded by Council Member Saab, and so ordered to receive and file. City Clerk Jimenez noted there was no correspondence received and requested the hearing be continued to the meeting of May 28, 2013. Mayor Guerra requested the hearing be continued to June 11, 2013. Community Development Director Saeki stated that due to time constraints the hearing had to be continued to the meeting of May 28, 2013. It was moved by Council Member Brossmer, seconded by Council Member Saab, and so ordered to continue the Public Hearing to May 28, 2013. 2. DOWNEY MUNICIPAL CODE AMENDMENT - ARTICLE IX TO ALLOW FOR COTTAGE FOOD BUSINESSES: Community Development. B. INTRODUCE ORDINANCE NO 13- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO ARTICLE IX OF THE DOWNEY MUNICIPAL CODE (PLN -13- 00056), THEREBY ALLOWING THE OPERATION OF COTTAGE FOOD BUSINESSES. Mayor Guerra opened the Public Hearing at 8:45 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Council Member Brossmer, seconded by Council Member Saab, and so ordered to receive and file. City Clerk Jimenez noted there was no correspondence received and requested the hearing be continued to the meeting of May 28, 2013. Mayor Guerra requested the hearing be continued to June 11, 2013. City Council Regular Meeting Minutes of May 14, 2013 3 Community Development Director Saeki stated the hearing would be continued to June 11, 2013. It was moved by Council Member Brossmer, seconded by Council Member Saab, and so ordered to continue the Public Hearing to June 11, 2013. CITY COUNCIL CONSENT CALENDAR: This item was taken out of order. CONSENT CALENDAR ITEMS REMOVED 5. CASH CONTRACT NO. S.S. 628 - BROOKSHIRE AVENUE PAVEMENT REHABILITATION PROJECT (IMPERIAL HIGHWAY — DAVIS STREET): AWARD CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,366,800.00 TO SULLY - MILLER CONTRACTING COMPANY: Public Works. This item was pulled at the request of Mayor Guerra and is listed under Other Business. 8. REVIEW THE CLOSURE OF BURNS AVENUE BETWEEN OLD RIVER SCHOOL ROAD TO PARAMOUNT BOULEVARD TO VEHICULAR TRAFFIC AND PROVIDE DIRECTION TO STAFF: Public Works. This item was pulled at the request of Mayor Guerra and is listed under Other Business. 9. APPROVE THE USE OF THE LAND AND IMPROVEMENTS AT THE COLUMBIA MEMORIAL SPACE CENTER AS COLLATERAL TO GUARANTEE LOAN REPAYMENT FOR THE CITY'S SECTION 108 LOAN APPLICATION TO BUILD THE INSPIRATION NEIGHBORHOOD COMMUNITY CENTER: Community Development. This item was pulled at the request of Council Member Saab and is listed under Other Business. CITY COUNCIL CONSENT CALENDAR It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Vasquez, and unanimously carried to approve the remainder of the Consent Calendar with Council Member Marquez abstaining from Item No. 5 due to a close proximity to his residence, and Council Member Brossmer abstaining from Item No. 10. 3. APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meeting of April 9, 2013; Special Meeting of May 6, 2013: City Clerk. 4. APPROVED WARRANTS ISSUED: Warrant Nos. 275889 — 276412; Wire Nos. 30002886 & 30002904 — 30002923, excluding 30002914 & 30002921, 1096 —1104, Cashiers Check numbers 25 — 27, in the total amount of $5,532,712.93: Finance. 6. CASH CONTRACT NO. 691 - POLICE TRAINING ROOM: Public Works. A. REJECTED THE BIDS SUBMITTED BY JEN'S CONSTRUCTION, INC., AND CINBAD INDUSTRY, INC.; AND, B. AWARDED CASH CONTRACT NO. 691 IN THE AMOUNT OF $38,220.00 TO ENL SERVICE COMPANY FOR CONSTRUCTION OF THE POLICE TRAINING ROOM. 7. INTRODUCED ORDINANCE NO. 13- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING CHAPTER 12 TO ARTICLE II OF THE DOWNEY MUNICIPAL CODE PERTAINING TO THE USE OF THE OFFICIAL CITY NAME, CITY SEAL, MOTTOS, LOGOS AND PATCHES: City Clerk. City Council Regular Meeting Minutes of May 14, 2013 4 10. APPROVED THE USE OF THE SHOW MOBILE BY THE DOWNEY UNIFIED SCHOOL DISTRICT FOR THE RELAY FOR LIFE COMMUNITY EVENT ON JUNE 1 -2, 2013, TO BE HELD AT COLUMBUS HIGH SCHOOL: Administration. OTHER BUSINESS: 5. CASH CONTRACT NO. S.S. 628 - BROOKSHIRE AVENUE PAVEMENT REHABILITATION PROJECT (IMPERIAL HIGHWAY— DAVIS STREET): AWARD CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,366,800.00 TO SULLY - MILLER CONTRACTING COMPANY: Public Works. Mayor Guerra stated that before awarding the contract he wanted to know the process for selecting • streets in need of repairs because currently there are streets in greater need of improvement for example Lakewood Boulevard. Director of Public Works Oskoui stated that a project is prioritized based on the Pavement Management Information System (PMIS) that looks at the condition of the pavement. This system evaluates the surface as well as the conditions of the sub - surface of a street. The system also provides the most efficient utilization of available funds in order to improve the rating of all City streets. He stated the cost of improving Lakewood Boulevard will be significantly higher than the funds currently available for street improvement. He stated Lakewood Boulevard will require underground utility upgrading that needs to be completed by Southern California Edison (SCE) before the City can begin street improvement projects. The City is currently working with SCE to determine a timeline for repairs. Mayor Guerra stated that instead of doing small scale street improvement projects why not combine the fees associated with those projects for a grand total that would allow street improvements to Lakewood Boulevard. Director of Public Works Oskoui stated that he understood the Mayor's concerns and the City is strategizing in order to improve the overall pavement ranking of the City. Mayor Pro Tem Vasquez asked if the Mayor was suggesting the City bypass the PMIS and begin pavement rehabilitation on Lakewood Boulevard. Mayor Guerra stated he is suggesting the City repair streets in worse condition than the one discussed tonight and that he was not very sure of the PMIS because visually Lakewood Boulevard is in great disrepair. Council Member Saab asked: if the PMIS was the best available tool to use when prioritizing a street improvement project; do other cities use the same system; what the opinion was of the Public Works Director on having the Council prioritize street improvement projects; and, if Council could receive a list of future street improvement projects. Director of Public Works Oskoui stated the PMIS allows for an objective evaluation of the pavement and allows for options depending on the funds available. It is required by various funding institutions to have a system in place; all cities use the PMIS. He stated it would not be his professional recommendation that Council prioritize street improvement projects and he would provide a comprehensive report of future projects. Council Member Marquez reminded Council that the delay in repairing Lakewood Boulevard was due to SCE and their inability to work on the underground aspect of the street. It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Vasquez, and passed 3- 1 -1 with Council Member Marquez abstaining due to a close proximity to his residence and Mayor Guerra voting no, to approve staff's recommendations. City Council Regular Meeting Minutes of May 14, 2013 5 8. REVIEW THE CLOSURE OF BURNS AVENUE BETWEEN OLD RIVER SCHOOL ROAD TO PARAMOUNT BOULEVARD TO VEHICULAR TRAFFIC AND PROVIDE DIRECTION TO STAFF: Public Works. Mayor Guerra stated he was not in favor of conducting a study or starting a petition as the report suggested but instead having a vehicle count study performed to see if a portion of Burns Avenue should be converted to a one -way street because of the current inability for two vehicles being able to travel safely in opposite directions at the same time. Council Member Brossmer stated that as a resident that uses the street multiple times a day he was adamantly opposed to a one -way street and asked how this item was placed on the Agenda because he does not recall any prior discussions with the Council. Mayor Guerra stated that he spoke to staff after several residents expressed their concerns to him and he requested this item be placed on the agenda. He stated that he was not interested in spending the proposed amount in this report nor interested in a resident petition. However, he was in favor of asking residents for their opinion and performing a vehicle count. He also suggested the possibility of having a bicycle /walking path added to the street. Council Member Marquez asked what was the cost associated with moving forward with a study. Public Works Director Oskoui reminded Council that the request was to have a portion of Burns Avenue, between Rives Avenue and Paramount Boulevard, studied and evaluated for a one -way conversion. He stated that there were 14 drive approaches on Burns Avenue and those residents would have to be notified prior to making any changes to the street because the street served as their main access route. He stated that the Municipal Code regarding streets and highways requires the City have a petition. Mayor Guerra again stated that he was not interested in a petition and reiterated having a vehicle count study performed to gather information that could be presented to the residents in the future and asked for the costs associated with performing a vehicle count study. Public Works Director Oskoui stated the cost associated with a vehicle count study ranges from $800 - $1,000. The study would be for a three day period consisting of 24 hours each day. The fee would include the installation of the equipment and an analysis of the data gathered. He requested clear direction on what the ultimate goal was. Mayor Guerra stated he was not certain of the exact goal other than making sure the concerns of the residents were addressed and the street conditions were safe. City Manager Livas asked if the ultimate goal was to have a bicycle lane. If so, then this street would be included in the grant application for the Master Bike Plan. Mayor Guerra stated yes, a bicycle lane was one of the goals and the safety of the residents was the other. Council Member Marquez reminded Council that there would be a cost associated with this item moving forward. Mayor Guerra stated that when a resident brings up a reasonable concern to the Council it should be reviewed. He stated in an effort to address Council Member Brossmer's concern he could not say for certain if a one -way street conversion was the solution, but there is a concern about whether or not the street is wide enough for two -way traffic with street parking included. City Council Regular Meeting Minutes of May 14, 2013 6 Public Works Director Oskoui suggested collecting accident report data from the Police Department and present the findings during a Public Works Committee meeting to further discuss the safety conditions on Burns Avenue between Rives Avenue and Paramount Boulevard. Council Member Marquez stated that the concern of whether the street is wide enough for two -way traffic and street parking will become a major concern for residents if the end result was to eliminate their ability to park on the street. Public Works Director Oskoui suggested sending a questionnaire to residents asking if they want public prohibition to address this issue. It was moved by Council Member Brossmer, and seconded by Mayor Pro Tem Vasquez and unanimously carried to address residents, via questionnaire, whether to remove on street parking and /or one -way directional traffic on Burns Avenue between Rives Avenue and Paramount Boulevard and review the public safety of the street. 9. APPROVED THE USE OF THE LAND AND IMPROVEMENTS AT THE COLUMBIA MEMORIAL SPACE CENTER AS COLLATERAL TO GUARANTEE LOAN REPAYMENT FOR THE CITY'S SECTION 108 LOAN APPLICATION TO BUILD THE INSPIRATION NEIGHBORHOOD COMMUNITY CENTER: Community Development. Council Member Saab requested this item be considered at a later date due to the lateness of tonight's meeting. Community Development Director Saeki stated that tonight's item was an instrumental step in the final phase of the application for receiving consideration from the Federal Government and was under tight time constraints; therefore, requested it not be moved to another date. Council Member Saab asked for clarification on the following: what information is pending approval in the application process, what the debt service will be, how many square feet is the building, the size of the shuttle, and how much will it cost annually to maintain the proposed building. Community Development Director Saeki stated that the application has already been approved at the local level and is now being reviewed by the Federal Government for final approval. The debt service proposed is a 20 year loan with the first 5 years being interest only totaling approximately $100,000 annually; years 6 -20 would be principle and interest amounting to approximately $300,000 annually. The funds used will be from the Community Development Block Grant (CDBG) and in the event that the Federal Government removed this grant money the City would be responsible for the amount due and that is why collateral is required from the City. In addition, other City projects will be directly affected when these funds are used in support of this item. He stated the building would be approximately 19,500 square feet; the shuttle is approximately 14,500 square feet. City Manager Gilbert Livas advised the City does not have specific information on the annual cost to maintain the proposed building at this time, and this item will not affect the City's General Fund unless the CDBG money is taken away by the Federal Government. Mayor Pro Tem Vasquez asked if operational cost for the proposed building will be funded from the General Fund. City Manager Livas stated yes, there would be staff time for maintenance and daily operation. Council Member Saab stated that he was not comfortable supporting this item without specific information on operational costs. City Council Regular Meeting Minutes of May 14, 2013 7 Mayor Guerra asked what the outcome would be with the Section 108 loan and the shuttle if this item was not supported. City Manager Livas stated that the loan would be lost. In terms of the shuttle, the options are limited; a storage facility would have to be located. Community Development Director Saeki stated that the shuttle would have to be moved and relocated by February 2013 in anticipation of the Tierra Luna project. Mayor Guerra stated he was concerned about the operational costs being a burden on the General Fund. It was moved by Council Member Brossmer, seconded by Council Member Marquez and carried 3 -2 with Mayor Pro Tem Vasquez and Council Member Saab voting no, to approve staffs recommendation. ADMINISTRATIVE REPORTS 11. CHAMPION FIAT EARLY TERMINATION PROVISION - CITY COUNCIL DIRECT STAFF TO REVIEW THE EARLY TERMINATION PROVISION OF THE OPERATING COVENANT FOR CHAMPION FIAT: Community Development. Community Development Director Saeki stated that staff was requesting direction from the City Council regarding a request from Champion Automotive owner and operator Paul Antepara to refinance his current loan with the City and renegotiate an early termination clause in his promissory note. He stated that the City acquired the property located at 9715 Firestone Boulevard in 2010 for a total acquisition cost of $2 million. In 2011, the City Council approved the sale of the property to Mr. Antepara for $3 million with a safeguard requiring there be prepayment penalty if the property was sold, refinanced, or transferred within the first five years of the loan. Today, Mr. Antepara is requesting the City remove the prepayment penalties that would allow him to refinance the loan balance with another bank in order to borrow against the property and finance improvements to the dealership. Council Member Saab asked if Mr. Antepara was looking to make dealership improvements in order to increase sales, if there was a projected amount he had in mind, and how that increase of property value would affect property tax. He requested that any renegotiations be tied to a performance benchmark. Community Director Saeki stated yes, he would be able to generate more business with improvements, but is not sure of the exact amount and it would generate more revenue for the City. He stated that if this item was approved staff would return to the Council with a comprehensive report that would include all of the information requested tonight. Mayor Guerra stated if Council voted to approve this item a condition should be included requiring Mr. Antepara re- invest in the community. He stated that the investment in this property was one of the best deals the City made. He stated that Mr. Antepara's request to eliminate the prepayment penalty to be able to re- invest in the City would be a good deal for the City. Council Member Marquez stated that he was very proud that the City made an excellent investment in the acquisition and selling of this property. He stated that Mr. Antepara's car dealership has exceeded all expectations and with continued safeguards in the loan he was in favor of this item moving forward. Council Member Saab stated that he wanted assurance that safeguards would be included in the new terms. City Council Regular Meeting Minutes of May 14, 2013 8 Community Development Director Saeki stated that the proper safeguards would be included. It was moved by Council Member Marquez, seconded by Council Member Brossmer, and unanimously carried to approve staff's recommendation. 12. FEASIBILITY PROPOSAL FOR THE PROVISION OF FIRE PROTECTION, PARAMEDIC AND INCIDENTAL SERVICES FROM THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY (FIRE DISTRICT): Fire. Fire Chief Croom requested Council provide staff direction on whether or not to proceed with negotiations for annexation into the Fire District of Los Angeles County, stating the feasibility study that provides an analysis of fire protection, paramedic, and incident services had been approved by the Los Angeles County Board of Supervisors. He explained the National Fire Service Delivery Model as being specific to each city's needs and reported that the City uses an All -Risk approach consisting of: a community risk analysis, timely response, having sufficient resources on hand, the strategic location of resources, and having enough financial support for the resources required. He stated that since the Fire Department was established in 1957 services to the City have been delivered using this model and since then emergency responses had increased 100 %, but daily staffing levels remained unchanged with 21 fire fighters on staff. He reported that the City of Downey uses the Local Approach utilizing dedicated resources, such as our own City staff within the City's municipal boundaries, achieves maximum oversight and accountability, has a customized approach for the delivery of their service, has the ability to change the approach based on the ever changing needs of the community, and efficiently uses the institutional knowledge of those fire fighters that have spent the majority of their career in the City. He stated that in fiscal year 2012/13 the Fire Department adjusted their historical service delivery model due to a budget deficit; one fire engine was removed from active duty creating an estimated General Fund relief of $1.4 to $1.8 million. This action was seen as a short term budget relief of 1 -3 years, not as a long term fire service delivery model. All Fire Stations remained open; however, daily staffing level were decreased from 21 fire fighters to 18; 1 fire engine was removed leaving the City with 3 fire engines, 1 Fire Truck, 2 Paramedic Squads, and 1 Incident Commander dedicated within City boundaries. In 2012 the department applied and received a Staffing for Adequate Fire and Emergency Response (SAFER) Grant. This grant provides the department with $1,886,958 for a 2 year period, which allows the City to return their daily staffing levels to 21 fire fighters, allows the City to bring back to active duty Fire Engine 61 on June 21, 2013, and allows the City to put back into place their fire service delivery model of 4 Fire Engines, 1 Fire Truck, 2 Paramedic Squads, 1 Incident Commander dedicated within City boundaries. He reported that the removal of Engine 61 created a 15 second increase in response times for Emergency Medical Services (EMS) and Fire as the City experienced an increase of 3% of calls from the previous fiscal year. He also explained the fire service delivery model the Los Angeles County Fire Department uses as being the Regional Approach noting this approach: utilizes the closest available resources for both Fire and EMS responses regardless of jurisdictional or municipal boundaries; their resources are dedicated to LA County Fire jurisdiction; and, if annexed the City would sign a 10 year commitment (FY 2023 -24). He reported on a comparison of resources between the City of Downey and Los Angeles County. The comparisons included: a fire engine, truck, squad, incident commander, plan checker, prevention supervisor, fire inspector, and personnel. In all, the City was equal to Los Angeles County with the exception of squad, plan checker, and personnel. The City had one additional squad, 3 -5 additional personnel, and one dedicated plan checker on staff. When explaining the cost, he reported having to subtract from the equation those services and revenue that the City would be losing if it went County in order to provide a fair comparison. He reported that Los Angeles County came in at $1,730,387 less in terms of cost but pointed out that the City would lose a dispatch center, personnel, BLS transport program, and emergency preparedness. He explained the City would have less emergency apparatuses, less fire freighters, no on -site Fire Chief, no Asst. Fire Chief, no on -site Fire Prevention Bureau, no on -site Battalion Chief, no on -site mechanic, no on -site dispatch center, and no emergency manager. He emphasized that in retaining local control the City would have total control of their costs. He explained that currently the Downey Fire Department is averaging a 1.34% budget decrease over the past five years and LACoFD is averaging a 4% budget increase over the past 5 years. He also reported on unknown personnel consequences such as: City Council Regular Meeting Minutes of May 14, 2013 9 layoffs of dispatchers, fire mechanic, support staff; demotions of rank, and the non - qualifying employees due to pre- existing medical conditions. Mayor Guerra took a recess 9:43 p.m. and reconvened at 9:45 p.m., with all Council Members present. Mayor Guerra opened Public Comment at 9:45 p.m. Downey resident, no name provided, asked if the City was to contract with the Los Angeles County Fire Department how would the $1 million cost savings be used to improve the community. Downey Fire Captain Rassmusen reported on the Fire Department's budget for fiscal year 2012/13 stating that it was a reduced budget because Engine 61 was taken out of service therefore the $16.8 million budget was not a normal operating budget year but that fiscal year 2013/14 with an operating budget of $18 -18.5 million was. He reported that for fiscal year 2012/13 the total amount of fire fighters was reduced to 18 but with the SAFER grant the City will return to 21 fire fighters in fiscal year 2013/14.He reported on the following regarding the Los Angeles County Fire Department ( LACoFD): it is a proposed budget for fiscal year 2013/14 with the caveat of a 4% annual increase; included were 16 fire fighters; and, would have a total cost savings to the City of $5.9 -$6.4 million. He stated that the largest part of the feasibility study that was flawed was that the County was provided an inferior service model of a 3 engine, 1 truck, 2 squad model when analyzing the approach as to what type of fire protection the City required; therefore, is requesting the City take the next step and request an independent comprehensive study. He stated that one of the most critical components of the study will be to look at a 4 engine, not a 3 engine, department. Mayor Guerra stated that when comparing the Downey Fire Departments budget of $16.8 million and the Los Angeles County Fire Department budget of $12.1 million, why City revenue was not taken into consideration. Captain Rassmusen stated that a comprehensive study would allow for an apples -to- apples comparison of budget numbers. Council Member Brossmer asked if as a collective group, the Fire Association felt that a staff of 16 fire fighters was sufficient. Captain Rassmusen answered yes. Downey Fire Captain Villanueva stated that the most important issue was saving lives. He reported that Downey citizens can count on a LACoFD station being located within 1 mile of their residence which would be closer than a Downey Fire Station. Their goal is to provide the best service to the residents of Downey regardless of location, and this can be accomplished with LACoFD because they have more resources. For example, the Automatic Vehicle Location (AVL) whereby using global positioning a dispatcher can dispatch the closest unit to a call. He stated that the association is concerned with what could happen in terms of safety if their resources are stretched too thin and requested Council approve the comprehensive study. Council Member Marquez asked why the Downey fire fighters were in support of a feasibility study and a comprehensive study. Captain Villanueva stated he was sworn to protect the citizens and the City currently does not have .. enough resources. Captain Rassmusen reported on some of the LACoFD fixed cost: a fire fighter would no longer be a member of the Public Employee Retirement System (PERS) eliminating fluctuating annual PERS payments, they would now belong to Los Angeles County Employee Retirement Association whose City Council Regular Meeting Minutes of May 14, 2013 10 costs are fixed; minimum manning costs are fixed therefore overtime pay would not fluctuate; workers compensation is a fixed cost; and, healthcare cost all of which are included in the LACoFD budget proposal. The City will require new apparatus and equipment purchases that would be included in the LACoFD budget; therefore, the City would not have to pay for those expenses. He concluded by stating that he does not see sustainability or security in the future. The comprehensive study is very important and the association is willing to pay the $30,000 cost to have it performed. Captain Villanueva stated that acquiring the information that a comprehensive study would provide was the right thing to do. Downey resident, no name provided, asked how this proposed change would impact the annual fireworks booths. Fire Chief Croom stated it would not be impacted as the Los Angeles County and the City's municipal code allows for fireworks. Downey resident, no name provided, asked if all of the City's current fire stations would still be manned. Fire Chief Croom stated that they would be manned by the Los Angeles County Fire personnel. Downey resident, no name provided, asked what the response time was for LACoFD incidents. He stated since Los Angeles County provides mutual aid there would be no reason for them not to respond first, and asked what Class was Downey categorized as. Fire Chief Croom stated that he does not have the information on response times at the moment, he clarified that mutual aid is with the Cities of Vernon, Compton, Santa Fe Springs, Montebello, and Los Angeles County. Currently, Los Angeles County responds in mutual aid and automatic aid and stated that the City does not currently use their model; the City of Downey is a Class 2 City. Harold Tseklenis, asked for clarification on this Agenda item. Mayor Guerra stated that a comprehensive study is being requested as it would provide more information than the feasibility study. Resident asked for clarification on the term "Model." Fire Chief Croom stated that is a term used to describe how a City provides service. Council Member Marquez stated that the feasibility study was approved in response to resident concerns. He mentioned that Council needed information in order to make educated decisions on what is best for the residents. He asked what the ideal scenario would be in terms of staff and equipment and at which point does the City utilize Area E services. Fire Chief Croom stated that an ideal scenario consists of being fiscally responsible and from that stand point there could be other service delivery model options for the City. He explained that in terms of EMS services and staffing levels, the City will have to start looking into increasing those numbers soon. He explained that Area E resources are utilized when there are multiple alarm fires where a large number of people are needed and the Area E resources are depleted before delving into Los Angeles County resources. He stated that Area E cities are experiencing their own financial hardships. Mayor Pro Tem Vasquez thanked the association for their attendance and stated that the safety of the community is most important. He thanked the Fire Chief for his ability to take calculated risks. He reported on the quality of service that is provided by having local control and stated he was not in support of moving forward with a comprehensive study, but did welcome the opportunity to increase City Council Regular Meeting Minutes of May 14, 2013 11 satisfaction within the department. Council Member Brossmer asked for clarification on the projected budget of $16.8 million and how the City only spent $15.8 million. He stated that comparing 16 fire fighters to 21 is not a fair comparison and finds it hard to believe that the association would be comfortable with a 16 member department. He stated that although he appreciated the pride attached to knowing first hand our fire personnel it was not more important than the safety of the residents. He stated that the regional approach will at some point become a reality but this is not the right time for Downey to adopt it. He stated that the only way to reduce cost was to reduce staffing levels and he was not comfortable with eliminating five positions; therefore, was not in support of this item. He thanked the association and Fire Chief Croom. Fire Chief Croom reported that cost savings to the City was from a decrease of employee benefits and holding off on the purchase of a command vehicle and one ambulance. Council Member Saab asked for clarification on why it cost less to staff our engine company versus a LACoFD engine company and asked if in respect to the regional approach if the resources currently available included the 133 fire fighters outlined in the report. He asked for a timeframe of when the new hires that were hired under the government pension reform would out number the current employees and how that would impact the City. Fire Chief Croom stated that it may cost less to man our engine company due to the City's pay and benefit package and stated that the resources are currently available to the City to include the 133 fire fighters. He stated that the new hires under the government pension reform would out number the current employees in roughly 12 years stating is was significantly cheaper to higher new employees now than it was prior to pension reform. Mayor Guerra stated that the deficit became a reality and the experts were able to take calculated •-- risks. He thanked the fire fighters for their dedication and appreciated their ability to do more with less. He reported on future sustainability with upcoming economic development projects. He stated that a meeting will be held in the near future with Fire Chief Croom to review what can be done to enhance the Fire Department. He stated that public safety will not be compromised and the City is not ready for the regional approach. It was moved by Council Member Saab, seconded by Mayor Pro Tem Vasquez, and carried unanimously to receive and file. 13. CERTIFICATION OF SUFFICIENCY OF A CHARTER AMENDMENT PETITION REGARDING CONTRACTING OUT PUBLIC SAFETY SERVICES: City Clerk. A. ADOPTED RESOLUTION NO. 13 -7311, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ACCEPTING THE CERTIFICATION OF SUFFICIENCY OF A CHARTER AMENDMENT PETITION ENTITLED, "A PROPOSED CHARTER AMENDMENT TO PERMIT THE CITY TO CONTRACT OUT FIRE AND POLICE PROTECTION SERVICES WITHOUT VOTER APPROVAL; AND, B. ORDERED A REPORT ON THE EFFECT OF THE PROPOSED INITITIAVE IN ACCORDANCE WITH CALIFORNIA ELECTIONS CODE SECTION 9212. City Clerk Jimenez stated that a Charter amendment petition permitting the City to contract out Fire and Police Protection Services without voter approval was filed with the City Clerk on March 18, 2013. The Registrar- Recorder's Office examined the signatures on the petition and found them to be sufficient. Per the Elections Code, the City Clerk is required to certify the results of the examination. She stated that the certification by the LA County Registrar - Recorder's Office was received on April 29, 2013, and the proponents of the initiative were notified via FAX and mail the same day. She stated that once the Resolution certifying the sufficiency of the signatures is adopted, the City Council may refer City Council Regular Meeting Minutes of May 14, 2013 12 the proposed initiative measure to any city agency or agencies to report on fiscal, community, land, infrastructure impacts and any other matters the legislative body request. Council Member Brossmer clarified that he had to vote yes despite his objection to it. Council Member Saab stated he was not in favor of this item and was voting yes on the advice of the City Attorney. Mayor Guerra stated that he is not in favor of this item because of the negative impact it will have on the City. City Attorney Abich- Garcia stated that the legislative body could also request a report on the effect this may have on the quality and quantity of service. Council Member Saab requested that information be provided on the impact this may have on housing prices. It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Vasquez and unanimously carried to adopt the Resolution and order a report on the following: Its fiscal impact; its impact on the community's ability to attract and retain business and employment, quality and quantity of public safety services and, its effects on the housing market. NON - AGENDA PUBLIC COMMENT: This item was taken out of order. Mary Skill, resident, stated she is opposed to a street light on Woodruff Avenue and Via Amorita Road and proposed a lighted pedestrian cross walk instead. John Gurhalen, resident, stated he was opposed to a street light on Woodruff Avenue and Via Amorita Road, was not notified of meetings regarding this issue, and provided photographs of the location of the proposed street light for Council to view. Frank McDonald, resident, stated he was opposed to a street light on Woodruff Avenue and Via Amorita. He requested the City work with the school district to come up with alternatives. Lydia Gonzales, resident, stated she was opposed to a street light on Woodruff Avenue and Via Amorita. She stated the residents were not informed of the proposed changes, requested a crossing guard be considered first, requested the school be required to have a loading zone, and open up the rear access gates of the school to alleviate student traffic on Woodruff Avenue. Mark Gonzales, resident, stated he was opposed to a street light on Woodruff Avenue and Via Amorita and after spending time observing driving behaviors of parents before and after school he noticed many traffic violations committed by the parents. Ben Coutae, resident, requested non - agenda public comment not be discussed at the end of the meeting but rather in the order it appears on the agenda. City Attorney Abich- Garcia stated that with respect to how the Council conducts the public comment there is no violation of the Brown Act. The Municipal Code requires that we place it after public hearings on the Agenda but, there will be times the Mayor, without objection from the Council, can take items out ..._. of order to conduct City business. STAFF MEMBER COMMENTS: None. City Council Regular Meeting Minutes of May 14, 2013 13 ADJOURNED The meeting adjourned at 12:56 a.m. to 6:30 p.m., May 28, 2013, in Memory of: Robert Gonzalez, uncle of City Manager Gilbert Livas; Mary Lou Schmidt, longtime Downey resident and community volunteer; Dr. Floyd Stauffer, husband of Dr. Mary Stauffer; Raul Ros, friend of Alex Saab; and, the servicemen who perished this past week during Operation Enduring Freedom: Staff Sgt. Michael Simpson of San Antonio, TX; Spc. Trinidad Santiago, Jr., of San Diego, CA; Pfc. Charles McClure of Stratford, OK; Capt. Mark Voss of Colorado Springs, CO; Capt. Victoria Pinckney of Palmdale, CA; Tech Sgt. Herman Mackey, III of Bakersfield, CA; 1st Lt. Brandon Landrum of Lawton, OK; Staff Sgt. Francis Phillips IV of Meridian, NY; Spc. Kevin Cardoza of Mercedes, TX; Spc. Thomas Murach of Meridian; ID, Spc. Brandon Prescott of Bend, OR; Staff Sgt. Eric Christian of Warwick, NY; and, Cpl. David Sonka of Parker, CO. ADRIA M. JIMENEZ, MC t MARIO A. GU RA, Mayor City Clerk 1 City Council Regular Meeting Minutes of May 14, 2013 14