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HomeMy WebLinkAboutMinutes 03-22-16 Regular MeetingMINUTES OF COUNCIL CITY OF OF DOWNEY REGULAR MEETING MARCH 22, r The City Council of the City of Downey held a Regular City Council Meeting on March 22, 2016, at 6:35 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Saab presiding. PRESENT: Council Members: Alex Saab Fernando Vasquez Sean Ashton Roger C. Brossmer Luis Marquez Mayor Mayor Pro Tern Council Member Council Member Council Member ALSO PRESENT: Gilbert Livas, City Manager Yvette M.,Abich Garcia, City Attorney Adria M. Jimenez, MMC, City Clerk John Oskoui, Assistant City Manager Carl Charles, Chief of Police Mark Gillaspie, Fire Chief Mohammad Mostahkami, Public Works Director Arlene Salazar, Parks & Recreation Director Aldo Schindler, Community Development Director Anil Gandhy, Finance Director Alicia Duarte, Deputy City Clerk The Invocation was delivered by Pastor Jason Neville or Praise Chapel of Downey. The Flag Salute was led by ASPIRE Students. COUNCIL MEMBER ANNOUNCEMENTS- REQUESTS FOR r CONFERENCE/MEETING REPORTS Council - Member Ashton welcomed the audience to the meeting. He announced upcoming events at the Columbia Memorial Space Center and a press conference being held by Independent Cities Association in regards to Assembly Bill 109 and Proposition 47. Council Member Marquez welcomed the audience to the meeting. He requested staff provide an update and report on yard sale violations and enforcement. Council Member Brossmer reported attending a Downtown Subcommittee meeting where the current and future downtown parking situation and business improvement district issues were discussed. Mayor Pro Tern Vasquez welcomed the audience to the meeting. He reported attending a Lakewood Subcommittee meeting with the City of Pico Rivera and Downey Public Works staff and stated there will be additional unexpected delays in the Lakewood Blvd /1 -5 construction project due to underground utility lines and said the project will be completed by the end of June. Those affected by the unexpected delays, including businesses and the school district, will be notified in writing. He reported attending a California Contract Cities Association meeting to discuss current trends and what other cities are doing. They were given a presentation by NBC, Telemundo, and the Los Angeles County Sheriff's Department regarding Assembly Bill 109 and Proposition 47. He participated in the Univision Financial Fair and said he will be speaking at a Regional Hispanic Chamber to talk about the Downtown Downey improvements. City Council Minutes Regular Meeting — March 22, 2016 9 Mayor Saab welcomed the audience to the meeting. He recognized members of the audience Downey Chamber of Commerce Executive Director Michael Calvert and Board Member John Casillas and Downey Youth Commissioners. He reported attending a Neighborhood Watch Block Captain meeting and invited those interested in forming -a neighborhood watch block group to contact the Police Department or City Hall. He reported attending the Arc Walk event; the Temple Ner Tamid 50th Anniversary celebration; and, _a ride along for the Meals on Wheels program. He commented on the service provided by Meals on Wheels to the seniors and invited members of the community to volunteer their time with the organization. He also attended the Gangs Out of Downey Luncheon. He announced upcoming events: Chipotle Grand Opening at the Promenade; Chamber of Commerce Let's Do Lunch event; free U.S. Passport Service event; Street Faire; and, Downey Symphony event. He asked staff to provide an update regarding the trees removed on Firestone Blvd. City Manager Livas stated the mature trees located in the median islands on Firestone Blvd. were intended to remain however due to the installation of the recycled water lines in the median islands some of the roots of the trees were cut and it was no longer safe for those trees to remain. The medians will be replanted with trees once the project is complete. Mr. Livas suggested the City Council create a subcommittee for the Firestone Blvd project. Mayor Saab asked for an agenda memo to appoint a subcommittee and also an agenda memo to discuss guidelines on when to establish subcommittees for Public Works projects. Mayor Saab congratulated City Clerk Jimenez for earning the Master Municipal Clerk designation. He announced the approval of a grant from the Los Angeles County Board of Supervisors in the amount of $299,900 to be used for new playground equipment at Apollo and Independence Parks. Mayor Saab commented on the Downey Police Department's participation in the Baker to degas Relay Run and announced the department finished in 4th place and dedicated the run in honor of Officer Ricky Galvez. He asked staff to address the lighting of the flag poles at the Rio Hondo Event Center. PRESENTATIONS 1.- Mayor Saab issued a Certificate of Recognition to Jose Espinosa, Downey Transit Driver for winning first place in the Annual All- State Paratransit Safety Rodeo. 2. Mayor Saab issued Certificates of Recognition to City of Downey's ASPIRE after school program students, Diego Buenrostro, Jesse Castillo, Andrew Martinez, and Alexander Zamora for their participation in the Annual Teen Adventure Challenge 3. Mayor Saab and the City Council presented a Certificate of Appreciation to Director of Parks and Recreation Arlene Salazar for her years of service to the City of Downey. PUBLIC HEARINGS: None. NON - AGENDA PUBLIC COMMENT Resident, no name provided, commented on the contracts between the City and its contractors and the standards of responsibility clause in the contracts. He asked the Mayor to address the lighting situation on the streets in his area and commented on a recent traffic accident in his neighborhood. John Lacey, resident, commented on a report by Transparent California, and asked the Mayor to review the City of Fresno's model as it pertains to surplus for pension liability. Peter Hardwick, commented on code enforcement issues at 11911 Woodruff Ave. and how he believes these issues have impacted his business. He commented on his opposition to the conditional use permit granted to that specific business. Andrea Hardwick, played a video and commented on her concern of the water run off coming into her business yard from the adjacent business. City Council Minutes Regular Meeting — March 22, 2016 2 Bob Miniaci, business - owner, thanked City Attorney Abich - Garcia - and - Director Schindler for their assistance. He commented on his concerns regarding the business adjacent to the business property he owns. It was moved by Council Member Ashton, seconded by Mayor Pro Tern Vasquez, and carried unanimously, with Mayor Pro Tern Vasquez and Council Member Brossmer abstaining from Item No. 7, due to potential conflict of interest with their employer, and Council Member Brossmer pulling Item No. 4, to approve the remainder of the Consent Calendar. APPROVED MINUTES: Special Meetings of February 24, 2016 and March 8, 2016, and Regular Meeting of March 8, 2016: City Clerk. Resident, no name provided, thanked Council for the retrofit lighting installation at Golden Park. 6. ADOPTED RESOLUTION NO. 16- 7522,_A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES' ASSOCIATION — MISCELLANEOUS UNIT (APRIL 1, 2016— MARCH 31, 2018): Human Resources. Kathleen Van Ray thanked City Council and Management for their consideration in adopting the Memorandum of Understanding for the City's Miscellaneous Unit. She commented on the positive experience during the negotiation process. ADMINISTRATIVE REPORTS 10. CONSIDERATION OF A COUNCIL SUBCOMMITTEE TO REVIEW AND CONSIDER MEMORIAL RECOGNITIONS FOR FALLEN DOWNEY POLICE OFFICER RICARDO "RICKY" GALVEZ: Police Department. City Manager Livas stated staff is requesting the formation of a City Council Subcommittee to involve City Council in the process of reviewing any proposals to honor Officer Ricky Galvez. City Council Minutes Regular Meeting — March 22, 2016 3 It was moved by Mayor Pro Tern Vasquez, seconded by Mayor Saab, and carried unanimously to appoint Council Member Brossmer_ and Mayor Saab to serve in a Council Subcommittee to review and consider memorial recognitions for fallen Downey Police Officer Ricardo "Ricky" Galvez. 8. PRESENTATION OF POLLING RESULTS REGARDING PROPOSED TAX MEASURE AND REQUEST FOR CITY COUNCIL DIRECTION: City Attorney. The staff report was provided by Adam Sunshine, Consultant, Fairbank, Maslin, Maullin Metz & Associates. The firm conducted 400 interviews with Downey residents likely to vote in the November 2016 election. The survey was conducted between February 1 and 6, 2016, in both English and Spanish, through Iandlines and cell phones. The survey was similar to a 2013 survey for the City (June 2014 electorate). Findings of the survey concluded: Downey residents are pleased with the management of their city, particularly as it relates to public safety; there are less intense concerns about the City budget than there were several years ago; residents recognize a need for additional funding and strongly support a local sales tax of at least one -half cent; and, public safety is the highest priority use of potential new sales tax revenue. Mayor Saab asked how the 400 registered voters were chosen for the survey. Mr. Sunshine explained the firm looked at the demographics of voters by gender, age, where they live, and political party and placed them into clusters. A person from each cluster is randomly selected and the firm attempts to reach the person. Once they are successful in reaching an individual in that particular cluster, they close the group and move on to the next group. There are a total of 400 groups and the results are from 400 registered voters who took the complete survey. Mayor Saab asked how many attempts were made to reach the 400 registered voters. Mr. Sunshine stated there were thousands of attempts. Mayor Saab asked how the questions were chosen. Mr. Sunshine said they worked with City staff to understand the needs of the City, and reviewed the survey conducted in Downey in 2013, and best practices from research in other cities that have similar goals. Draft questions were created and reviewed with City staff to ensure the questions meet legal standards and test language as appropriate. Mr. Shunshine referred to his PowerPoint presentation for the percentages of the responses to the survey questions. He reviewed the proposed ballot question: Downey Public ,Safety and Essential City ,,Services Protection Measure: To maintain and improve city services including police protection firefighters, paramedics, 911 emergency response, anti -gang /drug programs, programs that retain /attract local businesses, school safety, after - school and seniors programs; upgrade neighborhood parks; and repair streets /potholes; shall the City of Downey increase the sales tax by one -half cent, providing nine million dollars annually, until ended by voters, requiring audits, public disclosure of funds, and all funds only for Downey? Mayor Saab asked how many surveys were conducted in Spanish. Mr. Sunshine stated twenty percent of the 400 surveys were conducted in Spanish. Council Member Ashton asked what topics held the lowest numbers. Mr. Sunshine stated he did not have that information on him and will forward the information through City staff. City Manager Livas said one of the challenges he has faced as City Manager has been how to continue to improve services the City has not been able to spend money on, including Public Safety and City Park improvements. City staff has researched other sources of revenue, including a property base tax, but it requires a two -third majority vote to pass. The other option is the one -half cent sales tax which would be paid by residents and outside shoppers. Due to new legislation, Proposition 47 and Assembly Bill 109 which have released criminals into the streets, there has been an increase in crime. Historically, the City has had between 115 and 111 police officers and currently there are 109. Adding an additional seven to ten officers will cost the City $1.3 to $1.5 million. There has also been an increase in medical service calls and there is a need to ensure the Fire Department continues to have the latest and best equipment available to provide the necessary services. He clarified the residents will be the ones to decide whether to approve this sales tax for these much needed services. City Council Minutes Regular Meeting — March 22; -2016 4 Mayor Saab opened this item for public comment at 8:05 p.m. Alita Chacon, resident, commented regarding the funds spent to conduct the survey. She commented in opposition of an increased sales tax in Downey. If placed on the ballot, she asked the measure question be written very clearly. Resident, no name provided, commented in opposition of the proposed increase sales tax measure,, Jailene Lemus, Youth Commissioner, asked for an explanation of how the sales tax will work. John Lacey,- resident, asked if the sales tax increase would be permanent and what the cost would be to add the measure to the ballot. City Manager Livas confirmed it would be permanent sales tax and said it would not cost any additional monies to add to the ballot because there is a General Municipal Election already scheduled in November. Resident, no name provided, commented in opposition of an increase in sales tax. He commented on the already increase in taxes due to Measure O. He would like to see immediate results if the tax is approved by the voters and would like fiber optic to be provided for the residents. City Manager Livas clarified Measure O is not a City measure but a school district measure. He said the sales tax increase would not be imposed by the City Council but would be determined by the voters. The funding would be spent on fire and police,_ parks, senior programs, and, streets. Current construction work on main thoroughfares is costly and most funding sources for come from county, federal and state grants. The funding from the sales tax would allow work on residential City streets. Mayor Pro Tern Vasquez asked City Manager Livas what the state of residential streets will be like in five years. City Manager Livas said residential streets will continue to deteriorate. The current process of slurry seal is only bandaging the streets to prolong their life, but repaving will be needed in the future. Grant funding money can only be spent on main thoroughfares not local streets. There is also a need to address City parks. Having no one else come forward, Mayor Saab closed public comment at 8:22 p.m Mayor Saab asked why there is a need for this offset when the City will be receiving more revenue from the new businesses. City Manager Livas stated the City will continue to move forward but there will be less policing and no funding for the necessary street repairs. He commented on the loss of four car dealerships in the City and said one car dealership would produce $350,000 to $500,000 a year in sales tax for the City. A department store produces $170,000 a year in sales tax; therefore, three department stores would be needed to bring in the sales tax revenue produced by one car dealership. The Promenade will not produce the amount of sales tax produced by the loss of the car dealerships which is a challenge. Council Member Marquez said this topic has been discussed for several years. He commented on the budget cuts made to be able to continue providing the necessary services to the residents and keep them safe. He said they have researched several funding options to improve City streets, parks, public safety, infrastructure, and City facilities. The Parks have not been updated for over 30 years. He commented on the many grants City staff has pursued. The sales tax increase will be a sustainable option for the City to move forward. Residents will be the ones to decide and the ballot City Council Minutes Regular Meeting — March 22, 2016 5 language will be specific on what the funding will be spent on. He stated his support for placing the measure on the November ballot. Council Member Ashton said he does not agree with the language being used to present the measure and would like the funding to only be used for police, fire, parks, and roads. City Attorney Abich Garcia explained the ballot question is phrased as it is because it is a general tax, if the language is limited to certain uses it then becomes a special tax which would require a two - third voter approval to pass. The use of the money should not be limited in the ballot question. Mayor Saab asked, Director Schindler if the increase in sales tax would affect small businesses or new businesses coming in to the City. Director Schindler said sales tax increases have taken place in neighboring cities throughout the county and the state. He has not done any research but he has not heard of any impact on small businesses or incoming businesses. City Manager Livas said he made inquiries to cities that have had one -cent sales tax increases including Pico Rivera, South Gate and La Mirada. These cities have not seen any impact or changes to their revenue stream before or after the increase. Director Gandhy said his only experience was with the Transient Occupancy Tax (hotel tax) for another City he worked for and there was no impact or concerns since funding was to be used for public safety and streets. Council Member Marquez also said he called several cities that increased their sales tax by one -cent and said Pico Rivera was able to improve park facilities with the increased sales tax funds. Council Member Ashton asked how the City would manage the spending of the sales tax funds on those items listed in the measure; he would like this to be transparent. City Manager Livas stated the City Council could articulate their priorities and how they want the funding spent. He said the survey showed residents were very confident on how the City Council and City management is handling funds. The City has received several budget awards and the City's bond rating has increased. The City Council can put together a list of priorities and it can be done through a public forum and monitored through the City Council Budget Subcommittee. Council Member Ashton asked why not implement a Transient Occupancy Tax (hotel tax) versus a sales tax. City Manager Livas said the funding of a Transient Occupancy Tax (hotel tax) is very minuscule compared to a sales tax increase; it would only generate $300,000 to $500,000 a year. Council Member Ashton asked what the additional costs would be if City Council approves this item tonight. City Manager Livas said additional funds would be needed to pay the consultant who would assist the City with providing the educational materials to the residents to explain what is being proposed. City Attorney Abich Garcia said the contract states the funds should not exceed $83,000. Mayor Pro Tern Vasquez asked what the average life span of a fire station is. Fire Chief Gillaspie said the City's four fire stations are 50 to 60 years old and are designed for three personnel but currently there are five to six personnel housed in each station. They are also not up to standards. Mayor Pro Tem Vasquez asked how many police officers are needed in order to provide the necessary public safety services in light of the City's growth and the issues caused by Assembly Bill 109 and Proposition 47 and asked how additional police officers would affect police response times. City Council Minutes Regular Meeting — March 22, 2016 6 Police Chief Charles said seven to nine additional officers would be needed in order to adequately patrol the City. It would make the Police Department proactive and there would be a decrease in response times with more patrolling at The Promenade, Stonewood Mall, and the City's streets, including a decrease in the response time of non- emergency phone calls. Mayor Pro Tern Vasquez commented in favor of placing the ballot measure on the November election based on the voter turnout expected during the Presidential election. He commented on his concern of the release of criminals due to Assembly Bill 109 and Proposition 47, the loss of revenue due to the - closure of car dealerships, and the need for street repair and _American Disability Act compliance. Mayor Saab asked what are other alternative sources of funding instead of increasing sales tax. City Manager Livas stated staff researched a Transient Occupancy Tax (hotel tax) which would be minimal; a bond based property tax would require a two - thirds majority vote to move forward and would be solely based on property owners of the city. The sales tax increase was the only logical funding source. Grants have already been obtained. It was moved by Council Member Marquez, seconded by Council Member Brossmer, and approved 3 -2 -0, with Council Member Ashton and Mayor Saab voting no, to allow staff to prepare ballot measure materials, prepare a sale tax ordinance, ballot title and questions and proposed resolutions for placement on the November 2016 ballot. It was moved by Council Member Marquez, seconded by Council Member Brossmer, and approved 3 -2 -0, with Council Member Ashton and Mayor Saab voting no to approve a professional services agreement with TBWB to provide community outreach and informational services to residents and other stakeholders regarding the ballot measure. 9. CONSIDERATION OF A RESOLUTION SUPPORTING MORE STRINGENT CRIMINAL PENALTIES FOR ILLEGAL STREET RACING: Council Member Ashton. Council Member Ashton said he requested this item be brought forward due to his concern with the amount of prison time for those involved in street racing deaths. City Attorney Abich Garcia clarified the Vehicle Code provides provisions against street racing but it does not address vehicular manslaughter or death associated with street racing which are found in the Penal Code. Council Member Ashton commented on his concern of street racing and said he compares it to driving while intoxicated, making the choice to get behind the wheel when you are impaired and not being concerned about what occurs. He would like a resolution passed to ask the State of California to charge anyone involved in a street racing incident involving death with second degree murder. Mayor Saab commended Council Member Ashton for his concern. He explained the law is already in place and was created by individuals much more knowledgeable. He is concerned with the City Council dictating or requesting to change a law they do not have all the information for. Council Member Brossmer suggested supporting a recommendation imposing more stringent criminal penalties for illegal street racing and removing the recommendation about second - degree murder. Mayor Saab asked if there was a problem with street racing in the City of Downey he may not be aware about. Police Chief Charles stated there is no problem with street racing and there have been some occasional instances. City Council Minutes Regular Meeting — March 22, 2016 7 Mayor Saab opened this item for public comment at 9:01 p.m.,, Resident, no name provided, commented regarding street racing and car speeding: Having no one else come forward, Mayor Saab closed public comment at 9:06 p.m. It was moved by Council Member Brossmer, seconded by Mayor Saab, and approved unanimously to adopt a resolution supporting more stringent criminal penalties for illegal street racing with the noted changes to Section 1, Section 2 and the fifth Whereas of the resolution. City Manager Livas thanked the City's Miscellaneous and Maintenance Units for their hard work and commitment to the City and said it was a pleasure to work with them during the negotiation period. He commended the Police and Fire Chief for their work in serious situations and keeping him and the City Council informed. City Council Minutes Regular Meeting — March 22, 2016 E]