Loading...
HomeMy WebLinkAboutMinutes 06-28-16 Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JUNE 28, 2016 The City Council of the City of Downey held a Regular City Council Meeting on June 28, 2016, at 6:32 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Saab presiding. PRESENT: Council Members: Alex Saab Mayor Fernando Vasquez Mayor Pro Tern Sean Ashton Council Member Roger C. Brossmer Council Member Luis Marquez 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 Shannon DeLong, Assistant to the City Manager Carl Charles, Chief of Police Mark Gillaspie, Fire Chief Mohammad Mostahkami, Public Works Director Sonya Meacham, Interim Parks & Recreation Director Aldo Schindler, Community Development Director Anil Gandhy, Finance Director Alicia Duarte, Deputy City Clerk The Invocation was delivered by Beverly Mathis. The Flag Salute was led by Sam Mathis. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE /MEETING REPORTS Council Member Ashton reported attending the Independent Cities Association Seminar and reported on the session regarding economic development. He commented on the City of Inglewood requiring their developers to purchase project material in the City in order to earn sales tax revenue. He requested staff look into requiring developers to purchase supplies from City -based businesses. He encouraged the audience to use safe and sane fireworks during the 4th of July and asked Chief Charles to elaborate on the fines for the use of illegal fireworks. Chief Charles stated illegal firework fines are between $1,000 and $3,000. Council Member Ashton reminded the audience the City would be holding a 4th of July celebration at Downey High in commemoration of the City's 60th Year Anniversary. He commented on his Town Hall meeting and said he liked an idea from a resident who suggested grocery stores in the City should develop a wheel lock system to keep shopping carts from being removed from the store premises. He requested staff research the possibility of what the City can do to develop a shopping cart ordinance. Council Member Marquez reported attending the Independent Cities Association Seminar and reported on the session regarding Air B &B and what cities are doing to regulate this type of short term home rental service in order to capture the room tax revenue paid to cities when staying at a hotel. He provided an update regarding the Eco Rapid Light Rail, which will run through Downey. He said the Metro Board held a public hearing to discuss placing and initiative on the November ballot which will fund major transportation projects and designate the funding. The Gateway COG held a special meeting and the Board will not support the proposed initiative unless it is amended to support local City Council Minutes Regular Meeting — June 28, 2016 projects such as the expansion of the 1 -5 Freeway. The Light Rail project was approved with a budget of $4 billion. He wished the audience a Happy 4`h of July and commented on illegal fireworks and fines for those in possession of illegal fireworks. He reminded pet owners to keep their pets indoors and contact SEACCA for missing pets. Council Member Brossmer reported attending the Independent Cities Seminar and reported on the session regarding self- driving vehicles and the issues that will arise. He commented on the importance of exploring this issue and how it will affect cities. He acknowledged former Mayor Meredith Perkins in the audience. Mayor Pro Tern Vasquez reported attending the Independent Cities Association Seminar and reported on the session about terrorism training. He asked staff to reach out to local hospitals and large employers in the City about being prepared and offering training with reimbursement to the City. He announced the construction improvement project on Firestone Blvd. between Lakewood Blvd. and Brookshire Ave. begins tomorrow and will be completed in late September. In regards to Lakewood Blvd. between Gallatin Rd. and Telegraph Rd., construction will begin late spring of next year. Construction on Lakewood Blvd. and Telegraph Rd is currently under construction and will be completed mid to late July due to pole relocation by Edison. He acknowledged members of the audience, Mrs. Gigi Saab; former Mayor Meredith Perkins; and Eric Pierce, Kiwanis President. He reported attending the Metro's Board Meeting. He commented on the 1 -5 Freeway and the issues impacting the City should the 1 -5 not be expanded in the Downey area. He explained Measure R being proposed on the ballot in November is a perpetual tax and does not include funding for the 1 -5 Freeway or 710 freeway. He stated the Gateway COG is ready and will not support the tax if projects affecting the City are not included. Mayor Saab commented on the Independent Cities Association and provided a brief explanation of what the organization does for its member cities. He reported attending the Independent Cities Association Seminar and reported on the session he attended regarding Air B &B. He said it is not affecting the City at this time but it is something to consider for the future. He acknowledged members of the audience, Mrs. Gigi Saab, and Members of the Soroptomist Club; Juan Garza, Bellflower Council Member; former Mayor Meredith Perkins; Jailene Lemus, Youth Commissioner; and Lieutenant Mark McDaniel, Gangs Out of Downey President. He commented on the 4'h of July celebration and everyone to be responsible and take the necessary precautions. He advised the audience of the City Council Meeting brochures which guides the reader through the process of the meeting. He announced he had the privilege of swearing in Laurie Tyler as the new President of the Chamber of Commerce and congratulated Cindy Kovach for a great job this past year. He thanked the volunteers for their assistance with the Assistance League Open House. He reported attending the ARC Installation Dinner. He reminded the audience the Columbia Memorial Space Center Summer Camp is still open for enrollment. He announced upcoming events: Wesley Health Center and Gaucho Grill Ribbon Cutting; a Community meeting on the proposed raised median project on Paramount Blvd.; Downey Library Draw Workshop; Summer Concerts in the Park; Downey Library Foreign Film event; Ringling Brothers event at the Columbia Memorial Space Center. Mayor Saab asked staff to research a policy for safety personnel to remain employed with the City for a certain number of years after completing City recruitment or training. PRESENTATIONS 1. Mayor Saab and Members of the Council presented Certificates of Recognition to the Special Olympics Basketball Team 2. Mayor Saab presented the Mayor's Distinguished Citizens Award to Sam and Beverly Mathis, long- time residents and Community Volunteers. City Council Minutes Regular Meeting — June 28, 2016 2 NON - AGENDA PUBLIC COMMENT John Lacey, resident, commented regarding his concern about a newspaper article which addresses public employee compensation based on a survey by Transparent California. He said he is not in favor of a sales tax increase. City Manager Livas responded and said the City has contacted Transparent California two times regarding their inaccurate data. He explained the median salary of a public employee is $49,166 including overtime and premium and a full time police officer /fire fighter salary is $123,985, including overtime and premium which is far from Transparent California's data. Based on the new pension system, employees are contributing more towards retirement and the City is 20% less in staff compared to six years ago. Some of the overtime paid to employees is reimbursed by other agencies. He assured the City of Downey is not the highest in the County. ADMINISTRATIVE REPORT Mayor Saab took this item out of order. 13. ADOPTED RESOLUTIONS PERTAINING TO THE SUBMISSION TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 8, 2016 OF A PROPOSED MEASURE WHICH WOULD INCREASE THE SALES TAX IN THE CITY OF DOWNEY BY ONE -HALF OF ONE PERCENT FOR A TWENTY (20) YEAR PERIOD WITH OVERSIGHT BY AN INDEPENDENT CITIZENS' OVERSIGHT COMMITTEE: City Attorney. The staff report for this item was provided by City Manager Livas and City Attorney Abich Garcia. City Manager Livas stated the City Council directed staff to prepare ballot measure language. During his tenure as City Manager the City has tried to maintain costs and live within the needs but there are needs in the community and his job as the City Manager is to look ahead to the future. Some things motivating this issue are: AB109 and Proposition 47 which released prisoners in advance of their prison sentence; an increase in medical calls due to the Affordable Care Act; and, the need to improve and maintain residential streets. Currently 65% of the City's budget goes toward public safety and the return is safer streets and more economic development because people feel safe shopping in Downey. It is important to consider wanting to live in an okay city or a great city with great infrastructure and protection. The Council asked staff to look at various alternatives to fund these vital resources. Staff looked at a tax specifically for public safety but that would be a property tax and only local residents would be taxed. Much of the City's income is derived from people outside the City and a sales tax increase would be a much more equitable thing to do. The residents will ultimately decide on this measure. Residents do not want a tax that is in perpetuity, so the tax proposal has a cap and an Oversight Committee which will meet on a quarterly basis. The meetings would be open to the public, and reports will be sent to the Council for approval to ensure the funding is used for what the voters approved. Council does not have the ability to decide whether or not to approve but allow the voters to decide. City Attorney Abich Garcia provided a highlight of the elements of the sales tax ordinance that would go before the voters for approval. The item before Council tonight will place before the voters a proposal in the November election to increase the sales tax by one -half of one percent. This would comply with Proposition 218 which requires voter approval for general taxes. This will only place the question before the voters. If approved the tax would be collected by the State Board of Equalization from vendors in the City and remitted back to the City. The sales tax ordinance has a provision for an independent Oversight Committee and a sunset provision which would allow the sales tax to expire after 20 years. The ordinance will incorporate existing sales tax exemptions such as no tax on food or medicine and narrow exemptions that apply to aircraft common carriers and certain sales of personal property that is to be used or shipped outside the City. The measure requires a simple majority of the votes of the election which means 50% plus one. If approved the sales tax increase would go into effect April 2017, to allow retailers and the Board of Equalization to make adjustments of the sales tax from 9% to 9.5 %. City Council Minutes Regular Meeting - June 28, 2016 3 Mayor Saab opened up this item for public comment at 7:45 p.m. Jailene Lemus, Youth Commissioner, asked why an increase one -half cent is being proposed instead of a one cent. Council Member Ashton provided an example of what the sales tax would be if purchasing and item for $2.00. Gabriel Gabriels, resident, commented on the importance of public safety, the potential impact a sales tax increase will have on businesses, and the implementation and execution of the funds. City Manager Livas stated staff has researched other cities that have increased their sales tax and none of the cities researched have issues with businesses closing because of a one -half cent sales tax increase. There are studies out there in support and against this issue. Council Member Marquez stated he also researched other cities that increased their sales tax and none of their businesses have been impacted. City Manager Livas shared some facts of cities that have their own police and fire departments: Shoppers are more willing to shop in an area where they feel safe; property sales and home sales are higher; and, schools are better. All this is needed to keep a high level city. Gabriel Gabriels commented regarding Measure R and the money not being allocated towards Downey. Mayor Pro Tern Vasquez explained Measure R to Mr. Gabriels and said it is a County measure. Mr. Gabriel asked if there is language that will specifically state the funding collected is going specifically towards public safety. City Manager Livas stated the wording cannot be specific because this is a general tax, but there will be measures in place if approved by Council tonight. Mr. Gabriels commented regarding the Utility Users Tax approved in the 1990's. City Manager Livas stated there was not an Oversight Committee set up at that time to oversee the Utility User's Tax. With this measure, an Oversight Committee will be created to ensure funding goes toward items the voters approve. Lieutenant Mark McDaniels, Downey Police Management Association and resident, thanked Council and the community for their support of the Downey Police Department. He commented regarding a letter published in the Downey Patriot supporting the one -half of one cent sales tax measure. The supporters include the Downey Police Management Association, the Downey Police Officers' Association, and the Downey Public Safety Auxiliary Association. He asked for Council's support in allowing the voters to decide on the measure in the November election. Having no one else come forward, Mayor Saab closed public comment at 8:03 p.m. Mayor Saab asked how many members will make up the Oversight Committee. City Attorney Abich Garcia responded and said there will be a total of five members appointed by the City Council. The duties are listed on resolution number five of the staff memo. This Committee will comply with Brown Act regulations. Council Member Brossmer asked if members will be appointed by district or city -wide. City Attorney Abich Garcia said there is no requirement. Council Member Brossmer expressed interest in serving as part of this committee. Mayor Pro Tern Vasquez asked if committee members must be residents of the City. City Attorney Abich Garcia replied yes. Mayor Saab asked staff if there are any specific studies that show the effect a sales tax increase has for a business community. City Manager Livas said he is not aware of a good independent study. City Council Minutes Regular Meeting — June 28, 2016 4 Mayor Saab asked how much revenue the City expects to receive from the Promenade in the next several years. City Manager Livas said based on discussions held with the groups negotiation contracts at the Promenade, it is expected the Promenade will bring in between $2 to $2.5 million per year. This will help keep the City in balance with its growth. Council Member Brossmer commented on the additional revenue from the Promenade keeping the City on board. He asked staff about the funding for City staff's retirement pension. Director Gandhy said the City has enough funds to cover the next four to five years at $2 million per year. Council Member Marquez commented on discussions he has had with Council Members and City Managers from other cities who have increased their sales tax and have seen no finanical impact to their cities. He commented on the City operating with 20% less staff, having a balanced budget for many years, approving a balanced budget tonight, and keeping up with services for the residents. He said the priority has been how to add additional police officers and increase the City's infrastructure. He commented on the reduction of revenue received from the gas tax as people are now driving hybrids. He mentioned the need to fix streets and said the City has considered cutting services, aggressively applying for grants to obtain funding, but it is now time to let the voters decide. He talked about the consideration of a parcel tax but deciding on proposing a one -half of one cent tax instead in order to meet needs of the community and not affecting businesses and residents. Mayor Pro Tern Vasquez asked staff if they have exhausted their ability to secure as many grants as possible to address the needs in the community. City Manager Livas said staff has been very aggressive with applying for grants, bringing in $8 to $10 million in grants solely for specific projects in the last year. He said unfortunately the City does not have the census tracks that meet the specific requirements to earn more grants but the City has been as aggressive as possible. Mayor Pro Tern Vasquez asked how much revenue the City lost resulting from the closing of car dealerships. City Manager Livas said he doesn't have an exact amount but dealerships are the most important source of revenue to a city, and Downey lost four to five dealerships. The City is still not at the point it was in 2011. Mayor Pro Tern Vasquez commented on the ride - alongs he has had the opportunity to participate in with the Police Department and said he has discussed the effects of AB109 and Proposition 47 with Chief Charles. He said the Governor will be placing another initiative on the ballot to release more inmates onto the streets, some of who have serious records and convictions. He asked Chief Charles to elaborate on his comments about being proactive rather than reactive. Chief Charles commented on a study published in 2012 by UC Berkley called "The Effect of Police on Crime" that reached the conclusion that more officers on the street will produce a reduction in crime, particularly serious crime. Over the last five years the Police Department has seen an increase in calls for service. The Police Department's biggest complaints received are response times to routine calls and not seeing officers patrolling streets. Mayo Pro Tern Vasquez asked if there is any equipment the Police Department will need in the future for officers. Chief Charles said there is a need to upgrade the current radio system because there is not an ability to talk to other cities and officers lose connection with the station when they are going further from City limits. Mayor Pro Tern Vasquez asked the Downey Patriot to be the community's eyes and ears. He asked the community to hold future elected officials accountable. He would like to see a reserve fund policy drafted by staff if this item passes tonight. Council Member Brossmer said he is not for taxes but feels confident because this will be local control and revenue will not be going to the federal or state government and is confident in the local government and staff. This sales tax will bring approximately $8 million annually and the City's general fund budget is $80 million, and any concerns should be towards the $80 million should there be no confidence in the Council or City staff. He said the Police Department is doing a good job but there are things out there that cause him concern. He said there is nowhere else the City can cut in order to save the amount of money needed to address the needs of the City. He said everyone is vested in the community and having a sufficiently staffed Police Department is one of the most important things for him to stay in this city moving forward. He commented on the age of the Fire Stations, 60 years old and the need to bring them up to date. He commented on the need to redo residential streets and the need for $12 million annually just to keep them in good condition. Parks need to be maintained. He is in favor of placing the measure on the ballot for voters to decide. City Council Minutes Regular Meeting — June 28, 2016 5 Council Member Ashton said one of the reasons he decided to run for Council was to help the community and get City streets fixed. Currently maintaining City streets is costing the City $12 million a year. He commented on the need to have a proactive police department, a fire department with the necessary tools to provide assistance in a catastrophic event, and parks to be maintained. He said he has struggled with the proposed tax measure increase and takes it seriously. The City will not have the money necessary by making more cuts. He feels comfortable with having the voters decide. Mayor Saab said he has thought long about this issue and has too many concerns to be able to support it. He commented on his concern with the Oversight Committee. He is concerned about Council and staff in the next 10 to 20 years. He mentioned the issue with the Utility Users Tax and said the revenue from that tax is now in the general fund. He worries this could be forgotten and happen again. He said he has confidence in staff, but not in government. He has concerns about the effect it will have on businesses in the community because there is a perception and people do not want to pay more. He does not believe it is the proper timing and he is waiting to see the fruits of the Promenade. He is concerned with relying on the growth of government and the predicament 20 years from now. City Attorney Abich Garcia reviewed the resolutions. She announced one change to resolutions one and two of the staff memo located in Exhibit A - Proposed Sales Tax Ordinance, page six, Section 6199.76, the second line should be changed to, "quarterly ", rather than, "annually" in regards to meeting of the Oversight Committee. In regards to resolution number one, four affirmative votes of the City Council are required in order to place this measure on the ballot. ADOPTED RESOLUTION NO. 16 -7653, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2016 TO PRESENT TO VOTERS A MEASURE TO LEVY A TRANSACTIONS AND USE TAX OF ONE -HALF OF ONE PERCENT FOR A PERIOD OF 20 YEARS WITH AN INDEPENDENT CITIZENS' OVERSIGHT COMMITTEE TO REVIEW EXPENDITURE OF REVENUES AND MAKE APPROPRIATE RECOMMENDATIONS THEREFOR It was moved by Council Member Marquez, seconded by Council Member Brossmer and carried 4 -1 -0, with Mayor Saab voting no, to adopt Resolution No. 16 -7653, a Resolution of the City Council of the City of Downey calling for the holding of a General Municipal Election to be held on November 8, 2016 to present to voters a Measure to Levy a Transactions and Use Tax of One -Half of One Percent for a period of 20 years with an Independent Citizens' Oversight Committee to review expenditure of revenues and make appropriate recommendations therefor. ADOPTED RESOLUTION NO. 16 -7654, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION FOR THE PLACEMENT OF A MEASURE TO LEVY A TRANSACTIONS AND USE TAX OF ONE -HALF OF ONE PERCENT FOR A PERIOD OF 20 YEARS WITH AN INDEPENDENT CITIZENS' OVERSIGHT COMMITTEE TO REVIEW EXPENDITURE OF REVENUES AND MAKE APPROPRIATE RECOMMENDATIONS THEREFOR TO BE HELD ON NOVEMBER 8, 2016 WITH THE STATEWIDE GENERAL ELECTIONS TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE It was moved by Mayor Pro Tern Vasquez, seconded by Council Member Marquez and carried 4 -1 -0, with Mayor Saab voting no, to adopt Resolution No. 16 -7654, a Resolution of the City Council of the City of Downey requesting the Board of Supervisors of the County of Los Angeles to consolidate a General Municipal Election for the placement of a Measure To Levy A Transactions and Use Tax of One -Half of One Percent for a period of 20 years with an Independent Citizens' Oversight Committee to review expenditure of revenues and make appropriate recommendations therefor to be held on November 8, 2016 with the Statewide General Election to be held on that date pursuant to Section 10403 of the California Elections Code. City Council Minutes Regular Meeting — June 28, 2016 6 In regards to resolution number three of the staff memo, City Attorney Abich Garcia explained on page two of the resolution there are five blanks to place the names of one or two Council Members who want to draft the argument in favor of the ballot measure and filed on behalf of the City Council. Mayor Saab asked how the Brown Act applies to this resolution. City Attorney Abich Garcia explained, one or two Council Members will draft the ballot argument and any additional Council Members who want to sign the ballot argument sign it as -is. Should the signer want to change the argument, it must be brought back to an open meeting. Because of the timeframe, it would be a Special Meeting. City Attorney Abich Garcia asked for the names of the drafters. Council Member Brossmer agreed with Mayor Pro Tern Vasquez's nomination of Council Member Brossmer and himself as drafters of the ballot argument. City Attorney Abich Garcia asked if there were any Council Members who wished to sign the ballot argument. Council Member Marquez indicated he would like to sign the ballot argument. ADOPTED RESOLUTION NO. 16 -7655, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RELATING TO ARGUMENTS FOR AND AGAINST THE MEASURE LEVYING A TRANSACTIONS AND USE TAX AND AUTHORIZING CERTAIN COUNCILMEMBERS TO PREPARE THE PRIMARY WRITTEN ARGUMENT ON BEHALF OF THE CITY COUNCIL IN SUPPORT THEREOF; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS It was moved by Council Member Marquez, seconded by Council Member Ashton and carried 4 -1 -0, with Mayor Saab voting no, to adopt Resolution No. 16 -7655, a resolution of the City Council of the City of Downey relating to arguments for and against the Measure Levying a Transactions and Use Tax and authorizing certain Council Members to prepare the Primary Written Argument on behalf of the City Council in support thereof; and directing the City Attorney to prepare an Impartial Analysis. ADOPTED RESOLUTION NO. 16 -7656, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING REBUTTAL ARGUMENTS FOR THE MEASURE LEVYING A TRANSACTIONS AND USE TAX City Attorney Abich Garcia said the community will have an opportunity to submit an argument against the measure. This resolution will allow the rebuttal between arguments in favor and arguments opposing the measure. It was moved by Council Member Marquez, seconded by Mayor Pro Tern Vasquez and carried 4 -1 -0, with Mayor Saab voting no, to adopt Resolution No. 16 -7656, a resolution of the City Council of the City of Downey authorizing rebuttal arguments for the Measure Levying a Transactions and Use Tax. ADOPTED RESOLUTION NO. 16 -7657, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CREATING AN INDEPENDENT CITIZENS' OVERSIGHT COMMITTEE City Attorney Abich Garcia stated the fifth resolution is optional and calls for an Oversight Committee and would go into effect if the ballot measure is approved. Mayor Saab said he will ask for the resolution to come back to Council for review in regards to the number of members on the Committee. City Attorney Garcia stated the ordinance proposed in resolutions one and two call for a five member committee. Mayor Saab voiced his concerns about the duties and qualifications of the members. City Attorney Abich Garcia stated the resolution can be revisited in the future should the measure pass. City Council Minutes Regular Meeting — June 28, 2016 7 It was moved by Council Member Brossmer, seconded by Mayor Pro Tern Vasquez and carried 4 -1 -0, with Mayor Saab voting no, to adopt Resolution No. 16 -7657, a resolution of the City Council of the City of Downey creating an Independent Citizens' Oversight Committee. CONSENT CALENDAR Mayor Saab took this item out of order. Mayor Pro Tern Vasquez abstained from Item. No. 8 due to a financial conflict; Council Member Ashton pulled Item No. 8 for discussion; and, Council Member Marquez abstained from Item No. 5. It was moved by Council Member Brossmer, seconded by Mayor Saab and carried unanimously, to approve the remainder of the Consent Calendar. 5. APPROVED MINUTES: Special and Regular Meeting of June 14,2016: City Clerk. 6. WARRANTS ISSUED: Warrant Nos. 304626 — 304949; Payroll Wire Nos. 30003477 — 30003482; Manual Wire Nos. 1448 — 1449; in the total amount of $4,089,155.26: Finance. 7. AWARDED CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,943,789.50 TO SIALIC CONTRACTORS CORP. DBA SHAWNAN; APPROPRIATED $335,958 IN REIMBURSABLE 1- 605 CONGESTION HOT SPOTS FEASIBILITY MEASURE R GRANT FUNDS FROM GAS TAX FUNDS TO COVER THE TOTAL PROJECT COST; AUTHORIZED THE FINANCE DIRECTOR TO BUDGET THE APPROPRIATION IN THE FY 2016 -2017 CAPITAL IMPROVEMENT PROGRAM ACCOUNT NO. 26 -1 -6605; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR TO EXECUTE CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK (CASH CONTRACT NO. S.S. 605B- BELLFLOWER BLVD AT IMPERIAL HWY INTERSECTION IMPROVEMENT PROJECT): Public Works. 9. AUTHORIZED THE MAYOR TO RENEW A PROFESSIONAL SERVICES AGREEMENT WITH DESIREE BUSINESS MANAGEMENT TO PROVIDE INFORMATION TECHNOLOGY SUPPORT AND PROGRAMMING FOR CITYWIDE TYLER -EDEN FINANCIAL SYSTEM: Finance. 10. APPROVED AN AMENDMENT NO. 2 TO THE AGREEMENT WITH COMPLETE LANDSCAPE CARE, INC. FOR LANDSCAPE MAINTENANCE SERVICES: AUTHORIZED THE MAYOR TO EXECUTE THE AMENDMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE FUTURE AMENDMENTS: Public Works. 11. ADOPTED RESOLUTIONS PERTAINING TO THE GENERAL MUNICIPAL ELECTION OF THREE COUNCIL MEMBER SEATS FOR DISTRICTS 1, 3, AND 5, FOR NOVEMBER 8, 2016: City Clerk. ADOPTED RESOLUTION NO. 16 -7649, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2016, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF DOWNEY; ADOPTED RESOLUTION NO. 16 -7650, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2016, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE; ADOPTED RESOLUTION NO. 16 -7651, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE City Council Minutes Regular Meeting — June 28, 2016 8 OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2016. 12. ADOPTED RESOLUTION NO. 16 -7652, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY FIRE MANAGEMENT ASSOCIATION (JANUARY 1, 2015 — DECEMBER 31, 2016): Human Resources. OTHER BUSINESS 8. APPROVED AN AGREEMENT WITH RMI INTERNATIONAL, INC., TO PROVIDE PUBLIC PARKING SECURITY SERVICES IN THE DOWNTOWN AREA: Community Development. Mayor Pro Tern Vasquez abstained from this item and left the dais, due to the proximity to his place of business. Council Member Ashton stated this particular item was discussed last year and he would like to know why it has not gone out for bidding. City Manager Livas said one reason why this item has not gone out for bidding is because there is still some consolidation that needs to take place in the downtown area. He deferred to Director Schindler for more details. Director Schindler explained there was a need to extend the agreement to avoid a gap in service for the downtown parking structure security because the City is in the middle of the downtown parking study. Once the study is completed in the next few months, staff will discuss if it is more cost effective to consolidate parking enforcement with the security services and then staff will be ready to issue the RFP for security services. Mayor Saab asked if the company does a good job. Director Schindler stated they are doing an excellent job. There have been no complaints and staff has asked for extra services that have not been billed to the City. They have provided additional services in patrolling the area as requested by businesses in the area. Mayor Saab asked if the security company is responsive and has staff received any complaints. Director Schindler stated they are very responsive and there are no difficulties contacting them and making requests. They respond immediately and staff has not received any complaints but good compliments. Mayor Saab asked Chief Charles if they are doing a good job assisting. Chief Charles stated they are doing a good job. Council Member Brossmer asked if the contract term could be shortened. Director Schindler said it can and suggested eight months to allow the completion of the parking study. Council Member Brossmer suggested six months. He asked Council Member Ashton if he agreed with six months and they can revisit it then. Council Member Ashton said his only concern is only that the contract was not put out to bid. Mayor Saab asked if there is a termination clause. Director Schindler said there is a 30 day termination clause. City Attorney Abich Garcia clarified there would be an amendment to the contract, Section 3.1.2, would change the end date of the contract from June 30, 2017 to January 30, 2017. It was moved by Council Member Brossmer, seconded by Council Member Ashton and carried 4 -0 -1, with Mayor Pro Tern Vasquez abstaining to approve the amended contract with RMI INTERNATIONAL, INC., to provide public parking security services in the downtown area for six months, July 1, 2016 — January 30, 2017. Mayor Pro Tern Vasquez returned to the dais for the remainder of the City Council Meeting. City Council Minutes Regular Meeting — June 28, 2016 9 PUBLIC HEARINGS Mayor Saab took this item out of order. 1. ADOPTED A MITIGATED NEGATIVE DECLARATION AND AMENDED THE LAKEWOOD /FIRESTONE SPECIFIC PLAN TO ALLOW GROCERY STORES WITH INCIDENTAL ALCOHOL AND REVISE LANDSCAPE REQUIREMENTS: Community Development. INTRODUCED ORDINANCE 16- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A MITIGATED NEGATIVE DECLARATION AND AMENDING THE LAKEWOOD /FIRESTONE SPECIFIC PLAN TO ALLOW GROCERY STORES WITH INCIDENTAL ALCOHOL AND REVISING THE LANDSCAPE REQUIREMENTS Mayor Saab opened the Public Hearing at 9:02 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Council Member Brossmer, seconded by Mayor Pro Tern Vasquez and so ordered by the Mayor to receive and file. City Clerk Jimenez noted there was no correspondence received. The staff report was provided by Principal Planner Blumenthal. ALDI is proposing to construct a new 18,557 square foot grocery store on a vacant 1.76 -acre parcel that is near the corner of Lakewood Blvd. and Firestone Blvd. As part of this request, ALDI is proposing to combine the 12 existing parcels into a single development site and amend the Lakewood /Firestone Specific Plan to allow grocery stores with ancillary alcohol sales and to reduce the landscape requirement along Lakewood Blvd. The site has a General Plan Land Use Designation of General Commercial and is within the Lakewood /Firestone Specific Plan (SP 91 -2). Specifically, the property consists of Sites 9, 10 and 11 Subarea 3 of the Specific Plan. The Planning Commission conducted a public hearing to consider the proposed project and adopted a resolution approving a Site Plan Review and Tentative Parcel Map for the project. It also provided a recommendation that the City Council adopt the Mitigated Negative Declaration and amend the Lakewood /Firestone Specific Plan (SP 91 -2). Mayor Saab asked how the delivery trucks will come into the store site. Mr. Blumenthal explained the trucks will enter via Lakewood Blvd. The trucks will exit on Nash St. and onto Lakewood Blvd. One Condition of Approval placed on ALDI was to rehabilitate Nash St. to accommodate the additional truck traffic. Council Member Brossmer asked Mr. Blumenthal to share and address the concerns of a resident on McCahill Street. Mr. Blumenthal stated one concern was the ingress /egress to the residents along McCahill St. He explained the traffic study did not show any type of impact to the residents of McCahill St. for operations of this site with the mitigations put into place. Keith Redford, Stantec Engineering, explained McCahill St. is offset from the market driveway. There are 11 residences on McCahill St. The traffic on that street will be from the residents living there going to the market. The traffic study conducted addressed traffic on Firestone Blvd. and Lakewood Blvd. and Bellflower Blvd. The traffic volume on Nash St. based on 24 hours is nominal and it is at the capacity of the street, therefore it was not included in the study. Delay for a right turn from Nash St. onto Firestone Blvd. will not be intolerable and will not last an entire peak hour. Mr. Blumenthal continued with the concerns of the resident on McCahill St. The next concern was the noise that would be generated from the market site. The CEQA document indicated there would be a noise impact particularly during construction but it was fully mitigated. The noise generated from the loading /unloading dock will be mitigated with the block wall. Another concern was transients occupying the property and property values. City Council Minutes Regular Meeting - June 28, 2016 10 Mayor Saab asked if there will be ivy planted on the wall facing Nash St. or a canvass to deter graffiti. Mr. Blumenthal stated the conditions set are to remove graffiti within 72 hours and the wall must be coated with graffiti resistant material. There is also landscaping between Nash St. and the block wall. Staff will ensure the applicant starts ivy on the block wall. Mayor Saab asked if there were any restrictions on the delivery hours. Mr. Blumenthal stated there are no restrictions on the delivery hours. There was no ability to add them into a conditional use permit because there was not one required for this project. Mr. Blumenthal stated the CEQA document looked at 16 different perspectives to analyze for potential impacts such as cultural resources, hazards, noise and traffic. All these impacts can be mitigated to a level below significant. A Mitigated Negative Declaration is being recommended for this proposed project. Mayor Saab asked what the impacts to cultural resources are. Mr. Blumenthal explained due to the proximity of the site to the railroad line, the possibility of archeological resources being found at the site could not be ruled out. Additionally, working with Native American tribes as required by State law potential tribal resources being found could not be ruled out. Mitigation efforts have been made to have an archeologist and a tribal representative on site during grading operations. Mayor Pro Tern Vasquez asked if there was a Phase 1 conducted for hazardous materials. Mr. Blumenthal stated there was a Phase 1 conducted and mitigation measures were being addressed during the construction phases. Mayor Saab opened this item for public comment at 9:16 p.m. Mani Alajarsamy, District Manager for Big Lots, commented regarding the concerns they have in regards to the alcohol license for ALDI due to the negative impact in the area such as crime and transients. Mayor Pro Tern Vasquez asked Mr. Alajarsamy if he attributed alcohol to the crime in the area. Mr. Alajarsamy said partially because they often find empty alcoholic beverage containers in their parking lot during the mornings. Ben Vesper, ALDI, talked about ALDI's business module. In regards to the liquor license, ALDI is only applying for a Type 20 license which allows the sale of beer and wine. Alcohol makes up five percent or less of ALDI's sales. There will be no single bottles of beer sold or any refrigerated alcohol sold. Staff is trained not to sell to minors or intoxicated customers. There is a strict no loitering policy enforced. Mayor Saab asked what assurance can be given ALDI will work with the neighbors in the area. Mr. Vesper stated they will work with the neighbors to alleviate any concerns and will take concerns seriously. He said ALDI is confident they will be able to accommodate daily traffic to the store with the amount of parking spaces. He demonstrated the shopping cart retrieval procedure they have in place at their stores. Mayor Saab asked if ALDI hires individuals with developmental disabilities. Mr. Vesper said he will be happy to forward any information to operations. Gabriel Gabriels, resident, commented regarding his concerns about the traffic issues during peak hours at Nash St. and Firestone Blvd. Council further discussed traffic concerns about delays during peak hours on Nash St. and Firestone Blvd. Mr. Redford indicated the average delay at the intersection for McCahill St. residents is minimal. City Council Minutes Regular Meeting — June 28, 2016 11 Mayor Pro Tern Vasquez asked regarding the condition of Nash St. Director Schindler said the street will be resurfaced in its entirety. Having no one else come forward, Mayor Saab closed public comment at 9:41 p.m. It was moved by Council Member Brossmer, seconded by Mayor Pro Tern Vasquez and approved unanimously to introduce an Ordinance of the City Council of the City of Downey adopting a Mitigated Negative Declaration and amending the Lakewood /Firestone Specific Plan to allow grocery stores with incidental alcohol and revising the landscape requirements. 2. LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT 121, FISCAL YEAR 2016/2017: Public Works. ADOPTED RESOLUTION NO. 16 -7646, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2016/2017 Mayor Saab opened the Public Hearing at 9:42 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Mayor Saab, seconded by Council Member Ashton and so ordered by the Mayor to receive and file. City Clerk Jimenez noted there was no correspondence received. The staff report was provided by Director Mostahkami. Director Mostahkami stated this item was asking Council to adopt a resolution confirming the Lighting and Landscape Assessment District 121 for Fiscal Year 2016/2017. Mayor Saab opened this item for public comment at 9:43 p.m. Having no one come forward, Mayor Saab closed the public hearing at 9:43 p.m. It was moved by Mayor Pro Tern Vasquez, seconded by Mayor Saab and approved unanimously, to adopt Resolution No. 16 -7646, a Resolution of the City Council of the City of Downey confirming Lighting and Landscape Assessment District 121 for Fiscal Year 2016/2017. 4. CITY FEE RESOLUTION: Finance. ADOPTED RESOLUTION NO. 16 -7648, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A UNIFORM SCHEDULE OF FEES Mayor Saab opened the Public Hearing at 9:54 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Council Member Brossmer, seconded by Mayor Pro Tern Vasquez and so ordered by the Mayor to receive and file. City Clerk Jimenez noted there was no correspondence received. The staff report was provided by City Manager Livas. He said italicized changes were provided in the staff report. These fees are recuperated at direct costs to residents seeking services from the City. Examples are services individuals will pay if they rent a room at the park or want to obtain a certain type of permit. These are the costs associated with performing the duties for this process. Mayor Pro Tern Vazquez inquired regarding the emergency transportation fees. Fire Chief Gillaspie said they are working with the client in regards to the fees based on the frequency of the emergency transportation services. City Council Minutes Regular Meeting — June 28, 2016 12 Mayor Pro Tern Vasquez commented regarding the concerns of the facilities that need to provide emergency services to patients several times a day. Fire Chief Gillaspie explained some facilities have challenged the fees previously approved by Council. There are a total of three facilities that are affected. Mayor Saab indicated he is fine with keeping the current policy. Council Member Ashton said they want to ensure the system if not being used for non - emergency services. Chief Gillaspie said some of the facilities have subscribed to the paramedic subscription program. Businesses can sign up and identify who they are. City Manager Livas asked Council to approve the fees and return to Council with more information about the paramedic subscription program. Mayor Pro Tern Vasquez asked if Development Impact Fees are part of this fee schedule. City Manager Livas said they are not included in this schedule and it was previously discussed to look at the Development Impact Fees and bringing in a consultant to review the fees. Mayor Saab said most increases are in Public Works, Library, and Theatre. Mayor Saab asked if anyone from the audience would to comment. Having no one come forward, Mayor Saab closed the public hearing at 10:04 p.m. It was moved by Mayor Pro Tern Vasquez, seconded by Council Member Ashton and approved unanimously, to adopt Resolution No. 16 -7648, a Resolution of the City Council of the City of Downey establishing a Uniform Schedule of Fees. 3. PROPOSED BUDGET FOR 2016 -17 FISCAL YEAR: Finance. ADOPTED RESOLUTION NO. 16 -7647, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE FISCAL YEAR 2016 -17 BUDGET AND THE ANNUAL APPROPRIATIONS LIMIT Mayor Saab opened the Public Hearing at 10:04 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Council Member Ashton, seconded by Mayor Pro Tern Vasquez and so ordered by the Mayor to receive and file. City Clerk Jimenez noted there was no correspondence received. City Manager Livas stated this year's budget was a balanced budget. He thanked the Budget Committee and City staff who works on the budget and prepares the document. The staff report, by Director Gandhy, provided a brief explanation of the budget summary. He indicated beginning reserves for July 1, 2016 are $29.6 million; proposed operating revenue budget is $79.7; proposed operating appropriation is $79.7; and budget surplus is $3,846. He added during the Council Meeting of June 2, 2016, the Council added and additional $500,000 to the Police Department budget for license plate readers; and during the Council meeting of June 14, 2016 the Council added and additional $450,000 for park improvements. The ending reserves projected for June 30, 2017 are $28.7 million. Revenue and expenditures for 2015 -16 are aligning with the budget. The economy continues to show growth. All planning and building fees are doing well. The challenges ahead are keeping up with street maintenance and park maintenance. There is no additional money allocated for new police cars this year. He talked about the components of CalPERS and commented on the Governor's budget and said the Governor indicates a recession is coming. City Council Minutes Regular Meeting — June 28, 2016 13 Mayor Saab asked if there has always been a deferred maintenance. City Manager Livas said some of the deferred maintenance is due to the economy. When the economy was good the City was putting money into the deferred maintenance account but there was a significant cut with the recession. Mayor Saab asked if anyone from the public would like to comment. Having no one come forward, Mayor Saab closed the Public Hearing at 10:15 p.m. Mayor Saab thanked Director Gandhy, City Manager Livas, Assistant City Manager Oskoui, City Manager's Office staff and all the Department Heads. He commented on the budget awards won the last couple of years. He believes the budget demonstrates commitment and transparency. Mayor Pro Tern Vasquez thanked staff for an amazing job. He thanked the Budget Subcommittee. Council Member Marquez thanked City staff and the Budget Subcommittee. He acknowledged the Department Heads and City Manager Livas for always preparing well and being fiscally responsible. He is proud of staff and the Council. Council Member Ashton thanked staff and the Budget Subcommittee for their work on the budget. Council Member Brossmer asked how many license plates readers will be purchased with the additional $500,000. Chief Charles said license plate readers will be installed at all major intersections in the City. This will have a positive impact and protect the City. Council Member Brossmer asked what the additional $450,000 for the parks will provide. City Manager Livas said some of the fund will address the Park Master Plan goals such as the soccer fields. Council Member Brossmer asked for more information on what the funds will be used for and what the next step will be. He would like more clarification. City Manager Livas said staff will plan and determine costs and return to Council with more details. It was moved by Mayor Pro Tern Vasquez, seconded by Mayor Saab and approved unanimously, to adopt Resolution No. 16 -7647, a Resolution of the City Council of the City of Downey adopting the Fiscal Year 2016 -17 Budget and the annual appropriations limit. STAFF MEMBER COMMENTS: None. ADJOURNMENT Mayor Saab adjourned the Regular City Council Meeting at 10:24 p.m. 6� ) lv4c, ADRIA M. JIMENE , MM City Clerk City Council Minutes Regular Meeting — June 28, 2016 14 ALEX SAAB Mayor