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HomeMy WebLinkAboutMinutes - 06-11-13 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY -- REGULAR MEETING JUNE 11, 2013 The City Council of the City of Downey held a Regular Meeting at 7:32 p.m.,June 11, 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 (excused) 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 Anil Ghandy, Interim Director of Finance 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 by Pastor Brad Reed of Redeemer Covenant Church. The Flag Salute was led by Captain Victor Shen of the United States Army. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS Council Member Saab welcomed everyone in attendance and recognized Public Works Commissioner Kotaya and Downey Chamber of Commerce President Kotze-Ramos, President Elect Trombley, Execute Director Clausen, and past President Rodriguez, who were in the audience. He reported on upcoming events sponsored by the Downey Chamber of Commerce: the Humanitarian Award Dinner on June 27 at the Rio Hondo Event Center; a Mixer at Porto's Bakery and Café in June; the City Affairs Committee meeting on June 12; and, the Chambers will be accepting applications for Business of the Year. He requested staff place on the City's website information on how residents can request installation of street lights in their neighborhood. Council Member Marquez welcomed everyone in attendance. Mayor Pro Tern Vasquez reported that the Downey Kiwanis Foundation awarded over$60,000 in scholarships. He recognized Downey Unified School District Board Member Sodetani and Emergency -- Preparedness Commission Sears who were in the audience. City Council Regular Meeting Minutes of June 11,2013 1 Mayor Guerra recognized Dr. Mary Stauffer who was in the audience. He reported on a few City events: the 2013 American Cancer Society Relay for Life; the ribbon cutting at Treasure Island Park; the Veterans Job Faire at Rives Mansion; the Downey Greek Food Festival; the Rio Hondo Golf Club Community Open House; Make Music Downey sponsored by the Art Coalition;and,the Downey YMCA honoring event of Kiwanis Foundation members Bill and Katie Hare. He reported attending two City Council workshops: How to Enhance Fire Department Services and a budget workshop. He reported on the upcoming Tierra Luna development and the economic stimulus it will provide the City. He mentioned the upcoming Healthy Downey Partners meeting and stated that the partners will be introducing community programs that will provide public safety announcements, Shop with a Nutritionist, and healthy menu options at local restaurants. He mentioned the upcoming, America's Night Out Against Crime Event on August 6. He requested everyone participate in, "America Is Your Park" campaign sponsored by Coca Cola Company and select Furman Park as the park of choice. PRESENTATIONS Mayor Guerra's Healthy Downey weight was 259 pounds. Mayor Guerra presented a proclamation to Kathy Buddemyer, and proclaimed June 5, 2013 as National Cancer Survivor's Day. Mayor Guerra and Parks and Recreation Director Salazar presented Certificates of Appreciation to the Downey Youth Commissioners for their service to the City. Mayor Guerra and representatives of Congresswoman Roybal-Allards's office Tachiki and Alfano, presented a Certificate of Recognition to Downey High School student Daisy Watson and Warren High School student Donna Bellido for placing 1st and 2"d in Congresswoman Roybal-Allard's 34th Congressional District Student Art Competition. Mayor Guerra and Council Member Vasquez presented a Certificate of Appointment to Catherine Jayin Jun and Anthony Negrete for their appointments to the Green Task Force for Council District 4. Mayor Guerra and Council Member Marquez presented a Certificate of Appointment to James Nielsen, for his appointment to the Emergency Preparedness Committee for Council District 1. Downey Chamber of Commerce President Kotze-Ramos presented a plaque to the City of Downey for participation in the Annual Street Faire. Mayor Guerra presented a Proclamation to Captain Victor Shen of the United States Army and proclaimed June 14 as Army Appreciation Day and National Flag Day.The celebration included cake to all in attendance. OTHER BUSINESS: This item was taken out of Order 10.ADOPTED RESOLUTION NO. 13-7421,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS IN CONNECTION WITH THE OFFERING AND SALE OF CERTIFICATES OF PARTICIPATION RELATING THERETO TO REFUND THE CITY'S OUTSTANDING 2002 CERTIFICATES OF PARTICIPATION (DOWNEY GOLF COURSE FINANCING), AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO: Finance. -- City Manager Livas stated the City has pursued many cost saving options and tonight we will discuss a refinancing option that would save the City approximately$600,000 over the next 15 years. City Council Regular Meeting Minutes of June 11, 2013 2 Fiscal Advisor Harold stated that in 2002 the City issued Certificates of Participation (COP)for the purpose of financing debt incurred to fund the construction of a new event center and clubhouse at the Rio Hondo Golf Course. Those COP's can now be refinanced and save the City approximately $600,000 over the remaining 15 years the COP's are outstanding. It is requested Council pass a Resolution authorizing documents be executed by staff and also authorize the execution of the bonds. Mayor Guerra asked if there was a pre-payment penalty and if the net cost savings would be approximately $40,000 annually. City Manager Livas stated there was no pre-payment penalty and the savings would be between 4- 6% amounting to approximately$40,000 annually. It was moved by Council Member Marquez, seconded by Council Member Saab,and carried 4-0-1, with Council Member Brossmer excused, to adopt the Resolution. NON-AGENDA PUBLIC COMMENT: This item was taken out of order. Downey Fire Captain Villanueva thanked the Council for looking into cost saving alternatives for the City but stated that the Paramedic Model was not the best model for the City. Downey Fire Captain Rassmusen stated that he was in favor of the Regional Model because it yields the fastest response time and the best service. He requested re-consideration of a comprehensive study that was previously denied by Council. Downey Fire Captain Piscitelli stated he was disappointed in a comment Council Member Brossmer made to a local newspaper regarding the firefighters vote of no confidence. Downey Firefighter Peterson stated being concerned of the direction the Fire Department is heading in terms of public safety. Downey Fire Captain Rassmusen clarified that the City voted 5-0 in favor of an agreement with Lew Edwards Consulting for$156,000 to review a November 2013 election. Mayor Guerra advised the Council did not vote in favor of putting an item on the ballot for a 2013 election, but does have an agreement with Lew Edwards Consulting. Mary Skill, resident, stated her opposition of a street light on the corner of Via Amorita and Woodruff Avenue and requested follow-up information of when the City will further discuss this item. Mayor Guerra stated that a decision regarding a street light will not be made by Council until staff has provided additional information. City Manager Livas stated that the concerns of the residents have been heard and staff is currently working on a timeline for a meeting with the residents in order to further discuss this item. Council Member Saab stated that the Public Works Department was gathering more information and the goal is to have a meeting with residents by the end of this month. Ronald Bours spoke about an officer involved shooting. Emergency Preparedness Committee Member Beard reminded everyone of two upcoming events: Concerts in the Park and a CPR class that will be held July 13. City Council Regular Meeting Minutes of June 11,2013 3 PUBLIC HEARINGS 1. DOWNEY MUNICIPAL CODE AMENDMENT(PLN-13-00056):AMEND ARTICLE IX TO ALLOW '-`- FOR COTTAGE FOOD BUSINESSES: 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-13-00056), THEREBY ALLOWING THE OPERATION OF COTTAGE FOOD BUSINESSES. Mayor Guerra opened the Public Hearing at 9:17 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tern Vasquez, seconded by Council Member Marquez, and so ordered to receive and file. Senior Planner Blumenthal stated that in 2012 Assembly Bill (AB) 1616 was passed by the State requiring all cities and counties to allow cottage food businesses within their residential zone.The City's current zoning Ordinance prohibits the operation of cottage food businesses therefore; before Council tonight is a proposed Municipal Code amendment. On April 2013 the Planning Commission conducted a public hearing and recommended the City Council approve the proposed code amendment. Mayor Guerra asked if AB1616 applied to Charter Cities;what would be the penalty if this new State law was not followed; and, what safeguards are in place to protect the City. City Attorney Abich-Garcia stated that the law was fairly new, therefore; information was not available regarding its applicability to Charter Cities and out of an abundance of caution other Charter Cities have incorporated this Ordinance into their Zoning and Municipal Codes. She stated if a definitive answer was provided that stated Charter Cities did no have to follow this State law,she would return to the Council with a re-appeal. She stated that not taking any action could have legal consequences because it is a State mandate even in the absence of legal guidance. Senior Planner Blumenthal stated that the City has safeguards in place in the form of Development Standards that must be followed by these types of businesses. He stated that Council had the option to deny tonight's request and continue the item until legal opinion became available. City Attorney Abich-Garcia stated that Council had the option to move forward with the Ordinance, continue the item and have staff review City Municipal Code Section 9408.08 and apply tighter standards, or take no action and wait for a legal opinion. Council Member Saab asked who would be responsible for enforcing the regulations; would the Fire Department be involved from a fire hazard standpoint;what safeguards are in place to control the size of the business; and, asked for clarification on what type of items may be sold. Senior Planner Blumenthal stated that regulations that applied to the City would be enforced by the Code Enforcement Department and the Health Department would enforce Health Code violations. He stated that the business would have to submit tax information annually as part of their business license renewal process and at that time their annual gross income would be verified. He stated that only non- perishable items could be sold. Fire Chief Groom stated that if it was a non-commercial kitchen a fire safety check would be completed and commercial grade fire requirements would not apply. -- Mayor Pro Tern Vasquez asked if there were concerns of the impact this may have on the City's sewer system; have other Cities adopted a similar Ordinance; and, if any City has expressed concerns or challenges. City Council Regular Meeting Minutes of June 11,2013 4 Public Works Director Oskoui stated if a problem arose from an inspection, the City does have provisions available to remedy the problem. Senior Planner Blumenthal stated that the City modeled the Ordinance after another neighboring City and staff has not discussed any challenges. Council Member Marquez stated that this was another example of unfunded State mandates the City has to adhere to and he was not in favor of this item. Council Member Saab asked if delivery dates of goods could be regulated and if the State mandate applied to apartment buildings or residences with a Home Owners Association. Senior Planner Blumenthal stated that delivery dates could be adjusted if necessary. He stated that the mandate applies to all residents and rental or lease agreements could restrict residents if the property owner chooses to place the restrictions on the lease or rental agreement. City Attorney Abich-Garcia stated that if the City adopted this Ordinance any future issues would become civil matters between property owners and tenants. Mayor Guerra opened Public Comment. Ms.Van Luven, resident, stated she was opposed to this item from a health standpoint stating that recently she had a vendor come to her door selling perishable items. She recommended approaching the State Senator to express opposition. Mayor Guerra stated that door-to-door selling of perishables good was not allowed in this City. There being no further speakers, it was moved by Mayor Guerra, seconded by Council Member Saab, and so ordered by the Mayor to close the Public Hearing at 9:37 p.m. It was moved by Council Member Saab, seconded by Mayor Pro Tern Vasquez, and so ordered 4-0-1, with Council Member Brossmer excused, to receive and file and take no action. 2. GENERAL PLAN AMENDMENT (PLN-12-00282): ADOPT AN UPDATE TO THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 2014-2021 PLANNING PERIOD: Community Development. A. ADOPTED RESOLUTION NO. 13-7417,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION AND UPDATING THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 2014-2021 PLANNING PERIOD. Mayor Guerra opened the Public Hearing at 9:39 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded Mayor Pro Tern Vasquez, and so ordered to receive and file. City Clerk Jimenez noted there was no correspondence received. ESA Consultant Washburn stated she has been working with staff to update the City's Housing Element. The Housing Element is part of the General Plan and the only element requiring review and certification by the California Department of Housing and Community Development(HCD). She stated that included in the Housing Element are: the Housing Plan which includes goals, policies, and programs that facilitate housing opportunities; Quantitative Objectives which includes the projection of how many units might realistically be constructed, as well as units assisted through programs such as rehabbed units; Housing Profile which includes population and employment trends, household characteristics, household needs for very low, low, moderate, above moderate income groups; Housing Needs for special need residents; Housing Contrast Analysis which include government and non- government constraints; Analysis of Housing Resources to include a detailed site inventory; and, a City Council Regular Meeting Minutes of June 11, 2013 5 Progress Report that evaluates the progress of the 2008 Housing Element implementation and City achievements from 2008-2014. She stated one key factor driving the Housing Element is the City's allocation of the Regional Housing Needs Allocation (RHNA)which begins at the State level with HCD. HCD is responsible for determining the existing and future housing needs for every regional government in the State. According to HCD and the Southern California Association of Governments (SCAG),which determines each City's fair share allocation of the regions total housing need, Downey has a housing need of 814 units between 2014 and 2021. The City does not have to build units, but rather facilitate and create opportunity through the City's Land Use Plan and Zoning. She stated that although the Downey Housing Element was certified by the HCD in April 2010,the City was not able to follow through with implementation of Program 5 which required the City to amend the Downey Landing Specific Plan to allow multi-family residential by-right because, the City's priority area for high density residential development shifted from Downey Landing to the Downtown. However, implementation of Program 5 is critical to demonstrate adequate sites to accommodate the City's 2008-2014 regional housing need, particularly for lower income households. She stated that with the passage of Assembly Bill 1233, communities that failed to comply with the requirement of having available sufficient sites to meet their regional housing need in the previous planning period must carry forward those units and now must again identify enough sites to accommodate both the previous and current planning periods. Since Downey did not amend the Downey Landing Specific Plan and implement Program 5, Downey has to meet the shortfall from the City's 2008-2014 RHNA in addition to the current 2014-2021 RHNA, which is a total of 1,201 housing units. She reiterated the City is not required to build the 1,201 units, just show that there are sufficient properties and densities available to accommodate the units. She recommended the Housing Element be adopted tonight and be sent to the State for final certification. She reminded Council that HCD will not find the document in compliance until the City can demonstrate compliance with Senate Bill 2. Council Member Marquez asked if the City would be at risk of losing State and Federal grant funding if it failed to include transitional housing in the Housing Element and if it did not meet the deadline to submit information. ESA Consultant Washburn stated yes, that would be a consequence; the deadline to submit is October 15, 2013. She stated if the Housing Element was not certified, the City's General Plan would be deemed invalid leaving the City open to lawsuits; in extreme cases, the State has intervened and taken over a City's Planning Department that did not adhere to the regulations. Mayor Guerra clarified that the City was not building hundreds of new homes. Council Member Marquez stated because transitional housing was part of this Housing Element it should serve as a key reminder that Item No. 10 on tonight's Agenda must be approved. City Attorney Abich-Garcia stated that further consideration of Item No. 10 will take place later tonight and the point has been made that it is critical and action be taken on the Ordinance. There being no further speakers, it was moved by Council Member Saab, seconded by Council Member Marquez, and so ordered by the Mayor to close the Public Hearing at 9:56 p.m. It was moved by Council Member Marquez, seconded by Council Member Saab, and so ordered 4-0-1, with Council Member Brossmer excused, to adopt the Resolution. City Council Regular Meeting Minutes of June 11, 2013 6 3. LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT 121: Public Works. A. ADOPTED RESOLUTION NO. 13 -7418, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2013 -2014: Public Works. Mayor Guerra opened the Public Hearing at 9:58 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tem Vasquez, seconded by Council Member Saab, and so ordered to receive and file. City Clerk Jimenez noted there was no correspondence received. Assistant City Manger Oskoui reported on the three part process of the annual living assessment for landscape, street, and lighting maintenance. Initially, Council declares their intentions to levy the assessment, City engineers prepare a report, the report is approved, and the Resolution is adopted confirming the lighting and landscape assessment District 121 for fiscal year 2013 -2014. Mayor Guerra stated the City has 6,470 streetlights and of those 6,470 the City owns 1,823, Southern California Edison owns 4,557, and Caltrans owns 57. Mayor Guerra opened Public Comment. There being no speakers, it was moved by Council Member Saab, seconded by Mayor Pro Tern Vasquez, and so ordered by the Mayor to close the Public Hearing at 10:01 p.m. It was moved by Council Member Marquez, seconded by Council Member Saab, and so ordered 4 -0 -1, with Council Member Brossmer excused, to adopt the Resolution. 4. PROPOSED BUDGET FOR 2013 -14 FISCAL YEAR: Finance. A. ADOPTED RESOLUTION NO. 13 -7419, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE FISCAL YEAR 2013 -14 BUDGET, INCLUDING THE CITY'S UTILITIES FUND BUDGETS AND THE ANNUAL APPROPRIATIONS LIMIT. Mayor Guerra opened the Public Hearing at 10:02 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tern Vasquez, seconded by Council Member Saab, and so ordered to receive and file. City Clerk Jimenez noted there was no correspondence received. City Manager Lives thanked budget sub - committee members Mayor Guerra and Council Member Saab, the City Council, staff, and Department Directors for their hard work in preparing a balanced budget. Interim Finance Director Ghandy stated the item in front of Council tonight was the adoption of the balanced budget for Fiscal Year 2013 -2014. The total proposed budget is $140,311,663 and of this total, $67,544,066 is earmarked for the General Fund; where the City accounts for revenues and expenditures for services such as Police, Fire, Public Works, Parks & Recreation, and Administration. He stated that the City's three key revenue sources are property tax, sales tax, and utility user tax. The budget is balanced without the requirement of furlough days, there will be a mid -year review of the budget, and the budget is a living document, therefore; could be adjusted at any time throughout the year. Mayor Guerra stated he was still interested in receiving a list of upcoming Capital Improvement Projects and will be voting in favor of this item because it was a balanced budget that will allow for various City improvements. City Council Regular Meeting Minutes of June 11, 2013 7 Public Works Director Oskoui explained the transfer of funds from the Water Fund for transactions related to Storm Water and Engineering Management expenses which are incurred annually. He stated it was a policy decision of the City approved through the budget process that revenues generated from the Water Fund to be transferred out to the General Fund should not exceed 1 % of the total budgeted General Fund expenditure. The amount transferred will cover Storm Water and Engineering Management expenses in order for the City to continue maintaining clean water sources and augmenting underground water sources. A detailed report outlining these transactions and transfers are available for review. Council Member Saab thanked staff for a thorough explanation and their hard work in putting a balanced budget together. Mayor Guerra opened Public Comment. There being no speakers, it was moved by Council Member Saab, seconded by Council Member - Marquez, and so ordered by the Mayor to close the Public Hearing at 10:12 p.m.' Council Member Marquez thanked staff for being able to put together a balanced budget that eliminated the need for furlough days. Mayor Pro Tern Vasquez thanked the City Manager and staff for their hard work. He thanked the Fire and Police Departments, Community Development Department, and Public Works. Council Member Saab stated this was a living document, therefore; the sub - committee will continue to meet and asses the City's economic situation and make necessary adjustments. Mayor Guerra stated the City was a success story and has weathered the storm and could not be more proud of the budget presented tonight. It was moved by Council Member Saab, seconded by Council Member Marquez, and so ordered 4 -0 -1, with Council Member Brossmer excused, to adopt the Resolution. 5. CITY FEE RESOLUTION: Finance. A. ADOPTED RESOLUTION NO. 13 -7420, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A UNIFORM SCHEDULE OF FEES. Mayor Guerra opened the Public Hearing at 10:02 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Mayor Pro Tem Vasquez, and so ordered to receive and file. City Clerk Jimenez noted there was no correspondence received. City Manager Livas stated this item accompanied Item No. 4 of the Agenda. Mayor Guerra opened Public Comment. There being no speakers, it was moved by Council Member Marquez, seconded by Council Member Saab, and so ordered by the Mayor to close the Public Hearing at 10:18 p.m. Mayor Guerra stated that fees are necessary in order to conduct City business but does want to further review fees charged to residents versus non - residents on some items. Council Member Saab requested an increase of non - resident parking fees at Wilderness Park. Parks & Recreation Director Salazar stated there may be challenges with proving residency if fees are increased but she can certainly look into this matter further and return to Council with a solution. City Council Regular Meeting Minutes of June 11, 2013 City Manager Livas stated that currently the parking fees charged at Wilderness Park are$1.00 for residents and $3.00 for non-residents. The City could implement a no parking fee for residents and a —' $5.00 parking fee for non-residents. The City Council agreed to the changes to parking fees at Wilderness Park as proposed by City Manager Livas. Mayor Pro Tern Vasquez asked for clarification on Condition Use Permit fees if the organization has an affiliation or partnership with the City. Community Development Director Saeki stated the City charged a flat fee of$2,000 regardless of any partnership or affiliation with the City. City Manager Livas stated the City will be conducting a comprehensive study of its fees, it will compare its fees with other cities, and once complete, the information will be provided to Council for review. Adjustments can be made at that time. Mayor Guerra asked for clarification on Fire Department fees. Fire Chief Croom stated that there was one additional fee included for Electronic Patient Care Forms. Mayor Pro Tern Vasquez asked for clarification on the use of the Columbia Memorial Space and Science Center by non-profit organizations. City Manager Livas stated that staff was reviewing the utilization of the Columbia Memorial Space and Science Center by other government agencies and the use of the facility by non-profit organizations. Staff is currently working on a comprehensive policy for Council to review. Mayor Pro Tem Vasquez requested consideration be made to waving fees for Conditional Use Permits for the Stay Gallery. It was moved by Council Member Saab, seconded by Council Member Marquez, and so ordered 4-0-1, with Council Member Brossmer excused, to adopt the Resolution with modifications. 6. CIVIC CENTER MASTER PLAN / DOWNEYLINK STUDY–OPEN THE PUBLIC HEARING AND CONTINUE IT TO JUNE 25, 2013: Community Development. Mayor Guerra opened the Public Hearing at 10:29 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Mayor Pro Tern Vasquez, and so ordered to receive and file. City Clerk Jimenez noted there was no correspondence received. It was moved by Council Member Saab, seconded by Mayor Pro Tern Vasquez, and so ordered 4-0-1, with Council Member Brossmer excused, to continue the public hearing to the meeting of June 25, 2013. NON-AGENDA PUBLIC COMMENT: This item was taken out of order. City Council Regular Meeting Minutes of June 11,2013 9 CONSENT CALENDAR ITEMS REMOVED 9. AUTHORIZE THE MAYOR TO EXECUTE THE FREEWAY AGREEMENT WITH THE — CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE 1-5 FREEWAY EXPANSION PROJECT,SEGMENT 5: Public Works. This item was pulled at the request of Mayor Guerra and is listed under Other Business. 10.ADOPT RESOLUTION NO. 13- ,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS IN CONNECTION WITH THE OFFERING AND SALE OF CERTIFICATES OF PARTICIPATION RELATING THERETO TO REFUND THE CITY'S OUTSTANDING 2002 CERTIFICATES OF PARTICIPATION (DOWNEY GOLF COURSE FINANCING), AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO: Finance. This item was pulled at the request of City Manager Livas and is listed under Other Business. 13. REPORT ON THE EFFECT OF THE PROPOSED CHARTER AMENDMENT INITIATIVE IN ACCORDANCE WITH CALIFORNIA ELECTIONS CODE SECTION 9212: City Clerk. This item was pulled at the request of Mayor Guerra and will be discussed concurrently with Item No. 14. CITY COUNCIL CONSENT CALENDAR It was moved by Mayor Pro Tern Vasquez, seconded by Council Member Marquez, and unanimously carried, with Council Member Vasquez voting no on Item No. 11 and Council Member Brossmer excused, to approve the remainder of the Consent Calendar. 7. APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meeting of May 28, 2013:City Clerk. 8. APPROVED WARRANTS ISSUED: Warrant Nos. 276788 – 277040; Wire Nos. 30002924 & 30002931 and 30002935 – 30002942, 1115 – 1123, Cashiers Check number is 29, in the total amount of$ 3,258,126.11: Finance. 11. ADOPTED ORDINANCE NO. 13-1314,AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE III, CHAPTER 1, PART 12 OF THE DOWNEY MUNICPAL CODE EXEMPTING VEHICLES WITH VALID VETERAN'S SPECIAL LICENSE PLATES FROM CERTAIN HOURLY PARKING RESTRICTIONS IN THE CITY: Police OTHER BUSINESS 9 AUTHORIZE THE MAYOR TO EXECUTE THE FREEWAY AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE 1-5 FREEWAY EXPANSION PROJECT, SEGMENT 5: Public Works. Mayor Guerra stated that many residents have expressed concerns regarding this item and prior to voting, he asked staff if their concerns were addressed. Public Works Director Oskoui stated the community meetings on this topic yielded two main concerns by Honda World and residents. Honda World was concerned with the closure of Dollison — Drive and Fairford Avenue because it would impede all vehicle access to their business. The City negotiated with Caltrans to allow access through Dollison Drive while Fairford Avenue was under construction. In regards to resident concerns, Caltrans proposed construction of a pocket park along Dollison Drive. Caltrans has already purchased and demolished homes in that specific area leaving the remaining residents open and exposed where previously they were insulated by those demolished City Council Regular Meeting Minutes of June 11, 2013 10 homes. Their concern was that a park would attract many visitors who would now have direct visibility into their home. To address their concerns the City negotiated with Caltrans and came up with a `-` solution. Caltrans will provide residents funding in order to build fences and will fund the entire park project for the City. All of these provisions have been added to the Memorandum of Understanding (MOU) that is before the Council tonight. Council Member Saab asked if the residents will be required to pay for building permits to install the fences. Public Works Director Oskoui stated in the event the residents require permits, the Public Works Department will work with the Building Department to waive fees or ask Caltrans to pay the fees. Mayor Guerra asked if the solutions proposed tonight were sufficient to satisfy the resident's concerns. Public Works Director Oskoui stated that originally Caltrans had set up a meeting with their public relations staff and not their design and construction staff, therefore; residents were not on board with the project due to the lack of details. He stated being confident that the City's proposed solutions will address the concern of residents. Council Member Saab stated the City was moving in the right direction by reaching out to the residents and the City will continue to reach out and listen to their concerns. Mayor Pro Tern Vasquez requested clarification on the construction schedule and their projected completion date of 29 months. He is concerned that Caltrans has not taken the same sense of urgency on this project as they have on the 1-405 freeway project. Public Works Director Oskoui stated that Caltrans is currently revising their scope of work to include a reduction of that time frame. The City has also proposed closing one lane at a time during the construction instead of both lanes. The City can request Caltrans include specific language regarding these issues in the MOU if Council desired. City Manager Livas stated that because Caltrans is currently revising their scope of work it will be difficult to have them commit to a project completion date however, the City can certainly get Caltrans to commit to this MOU and request language be added in the future regarding the project completion time frame. Mayor Pro Tern Vasquez directed staff to include language regarding the completion date to the MOU and bring back the item at the Council meeting of June 25. Mayor Guerra stated that this item will be brought back for further discussion during City Council meeting of June 25. 11.ADOPTED ORDINANCE NO. 13-1313,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: Community Development. Mayor Guerra stated that this was an unfunded State mandate which he was not in favor of, but was aware the City would lose State and Federal funds if not approved. Council Member Saab stated that this item was introduced at the Council meeting of May 28 and believed that the majority of the City Council expressed their opinion on this item as exhibited by the 3-2 vote. For the sake of preserving the democratic process, and out of respect of the majority's intent as City Council Regular Meeting Minutes of June 11, 2013 11 demonstrated in the votes at the last meeting, Council Member Saab stated he is voting yes despite not supporting this item. Mayor Guerra made a motion, under protest, to adopt the Ordinance. Council Member Marquez seconded the motion, under protest. It was moved by Mayor Guerra, seconded by Council Member Marquez, and carried 3-1-1, with Mayor Pro Tern Vasquez voting no and Council Member Brossmer excused, to adopt the Ordinance. 12. REPORT ON THE EFFECT OF THE PROPOSED CHARTER AMENDMENT INITIATIVE IN ACCORDANCE WITH CALIFORNIA ELECTIONS CODE SECTION 9212: City Clerk. This item is discussed concurrently with Item No. 14. It was moved by Mayor Guerra, seconded by Council Member Saab, and carried 3-1-1,with Council Member Brossmer excused, to receive and file. ADMINISTRATIVE REPORTS 13. SELECT AN ELECTION DATE FOR THE PROPOSED CHARTER AMENDMENT REGARDING FIRE AND POLICE PROTECTION SERVICES AND ADOPT THE REQUIRED RESOLUTION CALLING FOR THE ELECTION: City Clerk. A. ADOPTED RESOLUTION NO. 13-7422,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, CALLING FOR THE HOLDING OF A MUNICIPAL ELECTION ON TUESDAY, JUNE 3, 2014, WITH THE STATEWIDE PRIMARY ELECTION FOR THE SUBMISSION OF A MEASURE RELATING TO FIRE AND POLICE PROTECTION SERVICES. City Clerk Jimenez stated that during the City Council meeting of May 14, Council adopted a Resolution accepting the Certification of Sufficiency of a Charter amendment petition. In accordance with Election Code Section 9214, the Council must now select a date for the election and adopt a Resolution calling for the election at a Statewide General, Statewide Primary, or a regularly scheduled municipal election. She stated that the estimated cost for a Statewide Primary Election would be approximately$136,000, a Statewide General Election would cost approximately$150,000,or Council can elect to have two separate elections with an estimated cost of$286,000. She stated funding would come from the General Fund. In addition, the City would have to pay approximately $15,000 for advertising, supplies, and printing. It is requested the Council take action on the Resolution in order to proceed with the election. Mayor Guerra stated that the petitioner Ms. Pautch and the Fire Union are requesting a November 2013 election and requested the City Attorney clarify if that would be legally possible to do. City Attorney Abich-Garcia stated that the City Council has not called for a special election for November 2013. The City indeed hired Lew Edwards Consulting to explore the possibility of a Utility User Tax (UUT) ballot measure but in working with the consultant it was realized that a 2013 special election for any revenue measure would not be feasible. It is the staff's intent not to bring any item before the Council that would ask for a special election in November 2013 for any revenue measure. She stated this has been communicated to Ms. Pautch. City Manager Livas stated that the UUT item will be brought back to Council at the meeting of June 25 in order for a decision to be made and allow Council to focus on other matters. Mayor Guerra clarified that the City hired Lew Edwards and spent approximately $20,000 for the consulting services. City Council Regular Meeting Minutes of June 11,2013 12 City Attorney Abich-Garcia stated that there were three ways to amend a Charter. It can be done by motion of the City Council, by way of a recommendation of a Charter Commission that is made up of "'_ residents whereby they would make the recommendation to City Council and the Council could take a vote. She stated the City of Downey does not have a Charter Commission. The final way and more relevant to this item is a Charter initiated by a petition by a resident of the City who circulates the petition and receives a legally required number of signatures by registered voters and requests the City Council to put it before the voters. We have a Charter amendment proposed and initiated by petition. Under these conditions, Election Code 9255(b)(2)states that a Charter proposal initiated by a petition and signed by 15% of the registered voters of the City, must be submitted to voters at a Statewide Primary, Statewide General, or a regularly scheduled municipal election. In this case the dates that would be within the Council discretion to put this item on the ballot would be the Statewide Primary in June 2014 or the Statewide General and the General Municipal Election in November 2014. She stated that Election Code 9255 was amended in 2011 by the State legislature and no longer allowed Charter amendments at a special election in order to ensure the greatest electoral participation is achieved. Charter cities considering a Charter amendment are complying in the same manner as Downey. She stated that the proponent of the Charter amendment relies heavily on Election Code 1415 and that specific Election Code is currently under a proposed amendment by the State legislature as Assembly Bill 311. This Bill will make its way to the governor's desk by October 2013 and proposes to drastically modify Election Code section 1415 to mirror exactly what Election Code 9255 (b)(2) states. Mayor Guerra opened Public Comment. Fire Captain Rassmusen stated that the safety of the residents is top priority.The proposed Charter amended would bring existing public safety personnel hiring practices into compliance with City Charter Section 702 and would be in compliance with the State constitution to make it possible for a simple minority of Downey voters to determine which agency could best provide Downey public safety services. He stated that the proponent believes the City Attorney's Charter amendment ballot title, "A Proposed Charter Amendment to permit the City to Contract Out Fire and Police Protection Services Without Voter Approval," and the subsequent 30 day economic study ordered by the City Council are designed to intimidate and mislead voters: first,the ballot title wrongfully implies that voter approval for the proposed charter amendment will take away voter rights to determine which agency, City or County, can best provide fire and emergency services to Downey residents. The proponent contends that existing City policy violates the City Charter Section 702 which states that the City shall provide through its own staff police and fire services. He stated that on many occasions the City has authorized methods to provide fire and police services other than through its own staff. The City's Emergency Medical Services (EMS) and jails are staffed with contract employees. These methods were not submitted and authorized by an affirmative vote of 2/3 of voters, therefore; are illegal and must be corrected. Instead of addressing this fiscal impact on the budget,the fiscal impact study addresses an issue that is not relevant to the subject of the proposed Charter amendment. He stated the focus of the 30-day fiscal impact study seems to deflect from the issues the proposed Charter amendment is designed to address because it does not address the fiscal impact City contract associates have or any civil lawsuits that may arise from non-city employees providing EMS. He feels the report is willfully misguided, misleading, and deceiving. Fire Captain Villanueva stated the 30-day fiscal impact study fails to address the economic impact of the proposed amendment of the City Charter Section 702 as it wrongfully analyzes the perceived fiscal impact of the City, County, and Fire Department consolidation but rather illustrates political propaganda, false premises and contains contradicting information. He stated that the firefighter staffing level increase from 18 to 21 is due to a misuse of a$1.8 million FEMA grant awarded for other _ purposes and stated that once that fund is depleted, the City will have to go back to 18 firefighters. He stated the County's proposal includes the availability of 33 firefighters within a one mile radius and 133 within a 5 miles radius; therefore, if a previous statement of fire services being related to amount of staff on hand is accurate, the County's proposal is superior because significantly more firefighters will be available for first hand response. City Council Regular Meeting Minutes of June 11, 2013 13 Fire Captain Rios stated there would be significant positive fiscal impact should Downey voters decide to join the consolidated fire protection District of Los Angeles County. It would save$2.5 million in operating expenses of Downey tax payer's money and the City would no longer have to rely on grants. He stated had the City moved forward with a comprehensive study it would have conclusively shown savings and voters would have been able to make an informed decision about which agency is best when providing emergency services for Downey. The proposed consolidation would save millions of dollars in unfunded employee pension liabilities and would provide an extreme financial benefit to tax payers. He stated that in regards to attracting and retaining businesses, many cities that have the fiscal ability to fund their own fire departments select to be part of LACFD. Fire Captain Villanueva stated that the longer the City operates knowingly outside of its own Charter the greater the liability. Robert Keifer, resident, asked if the signatures collected had been verified and how. City Clerk Jimenez stated yes, the signatures were verified through the Signature Verification Division of the Los Angeles County Registrar-Recorder. Mayor Guerra stated that his decision is based on the cost numbers of the City's current model versus LACFD's proposed number of firefighters and other cost comparison. He stated the City is not in any violation and the residents will get to vote. He stated that the City is not in any greater liability by sub-contracting out because if we went to LACFD the City would still have to sub-contract for fire transport because the County does not transport. He stated the City has great firemen, a great Fire Chief, and our citizens want a local Fire Department. He stated that on May 5, 1988 the voters of the City of Downey approved an amendment to Section 702 of the City Charter which requires the City to staff its own police and fire with City employees and before the City Council could consider a contract or alternative method for fire and police protection services it requires a 2/3 vote by Downey residents. He ._.. stated the residents need to decide on what is best for the community and the choices for an election are November or June 2014. He stated there are many benefits to having a City Fire Department for example the ability to attract and retain businesses; and public safety has also helped maintain higher than average median home prices. He stated being very proud of the firemen. Mayor Pro Tem Vasquez stated he is very proud of our Fire and Police Department and although it is unfortunate the City will have to spend thousands of tax payer's dollars on this item, he is in favor of democracy and putting this vote in the hands of the residents;therefore, his vote is for a June election. Council Member Marquez stated that the signatures have been certified;therefore, he is in support of a June 2014 election. It was moved by Mayor Guerra, seconded by Council Member Marquez, and carried 4-0-1, with Council Member Brossmer excused, to call for an election in June 2014. It was moved by Mayor Guerra, seconded by Council Member Marquez, and carried 4-0-1, with Council Member Brossmer excused, to adopt the Resolution. 14. 9300 STEWART & GRAY ROAD AND 11941 WOODRUFF AVENUE: PROVIDE STAFF DIRECTION WITH REGARD TO THE FUTURE USE OF CITY OWNED PROPERTY LOCATED AT 9300 STEWART AND GRAY ROAD AND 11941 WOODRUFF AVENUE: Community Development. This item was continued to the City Council Meeting of June 25, 2013. 15. CENTRAL BASIN WATER ASSOCIATION: Mayor Guerra. This item was continued to the City Council Meeting of June 25, 2013. City Council Regular Meeting Minutes of June 11, 2013 14 16. DISCUSS AND PROVIDE DIRECTION REGARDING A WORKSHOP OR CREATING A CITY —' COUNCIL SUBCOMMITTEE FOR THE CITY-WIDE PAVEMENT MANAGEMENT INFORMATION SYSTEM. Administration. Mayor Guerra stated he was in favor of a workshop. Council Member Saab stated he was in favor of a workshop. The City Council agreed to conduct a workshop. STAFF MEMBER COMMENTS: None. ADJOURNED The meeting adjourned at 11:39 p.m. to 6:30 p.m., June 25, 2013, in Memory of Tracey Riley, longtime community volunteer and husband of former Mayor Barbara J. Riley; and,the servicemen who perished this past week during Operation Enduring Freedom: Spc. Christopher R. Drake of Tickfaw, LA; Staff Sgt. Joe A. Nunez-Rodriguez of Pasadena, TX; Spc. Ray A. Ramirez of Sacramento, CA; Spc. Kyle P. Stoeckli of Moseley, VA; Pfc. Mariano M. Raymundo of Houston,TX;Warrant Officer Sean W. Mullen of Dover, DE; Staff Sgt. Job M. Reigoux of Austin, TX. C/ mot/ X147/&-e-C) ' �� ` RIA M. JIM NE', CMC MARIO A. GUERRA, Mayor •■■ City Clerk City Council Regular Meeting Minutes of June 11,2013 15