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HomeMy WebLinkAboutMinutes 11-28-17 Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING NOVEMBER 28, 2017 The City Council of the City of Downey held a Regular City Council Meeting on November 28, 2017, at 6:35 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Vasquez presiding. PRESENT: Council Members: Fernando Vasquez Sean Ashton Blanca Pacheco Rick Rodriguez Alex Saab Mayor Mayor Pro Tem Council Member Council Member Council Member ALSO PRESENT: Gilbert Livas, City Manager Yvette M. Abich Garcia, City Attorney Shannon DeLong, Assistant to the City Manager Carl Charles, Chief of Police Mark Gillaspie, Fire Chief Mohammad Mostahkami, Public Works Director Pamela Passow, Parks&Recreation Director Anil Gandhy, Finance Director Alicia Duarte, CMC, City Clerk The Invocation was delivered by Council Member Rodriguez. The Pledge of Allegiance was led by Chief Charles. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS CONFERENCE/MEETING REPORTS Council Member Saab welcomed the audience to the meeting. He announced the City's Toy Drive and said toys can be dropped off at City Hall until December 15. He announced Vazza Cafe will have the Downey Jazz Club preforming every Friday at 5 p.m. He mentioned upcoming events: Mariachi Divas at Downey Theater, Chamber of Commerce Annual Christmas Parade and Second Annual Elf Run and Downey's Christmas Tree Lighting Ceremony. He congratulated City staff for achieving a credit rating of AA with Standard & Poor. He acknowledged members of the audience, Lieutenant McDaniel and Silvia Rubio. Council Member Pacheco welcomed the audience to the meeting. She reported participating in the City Hall field trip for Doty Middle School students. She attended a Neighborhood Watch meeting and the 5k Cross Fit event in memory of Ricky Galvez and announced the upcoming CMSC_Apollo Lighting Ceremony. Council Member Rodriguez welcomed the audience to the meeting. He reported participating with Courage Forward to feed Veterans in the City of Long Beach. He commented on the SEACCA Pets for Vets Program and said the Veterans who have participated in the program will be recognized in January. He announced his appointment to the St. Pius X - Matthias Academy Board of Directors and wished everyone a Merry Christmas. City Council Minutes Regular Meeting — November 28, 2017 Mayor Pro Tem Ashton welcomed the audience to the meeting. He acknowledged members of the audience Michael Calvert, Diana Owens, Dee Bacus, Kimberly Hayes, Denise Suarez and his wife, Tammy Ashton. He reported attending the Rancho Los Amigos South Campus Development Plan meeting at BJR. He reported participating in the City Hall field trip for Doty Middle School students and Keep Downey Beautiful Clean -Up. He announced the next Clean Up would take place December 3rd immediately following the Christmas Parade, to clean-up the parade route. He announced upcoming events: Chamber of Commerce Annual Christmas Parade and 5k Elf Run, Downey's Christmas Tree Lighting Ceremony and Holiday Horne Decorating Contest. He requested additional Police patrolling before and after school at Warren High School in the area of Paramount Blvd. and Stewart and Gray Rd. Mayor Vasquez announced the upcoming Holiday Home Decorating Contest. He reported attending the 1-5 meeting and announced the Florence Ave. overpass bridge will be open up to three lanes. He acknowledged the Downey Youth Commissioners in the audience. Mayor Vasquez requested Ashley and Gisselle lead everyone in the flag salute once more. PRESENTATIONS Mayor Vasquez with the assistance of City Mayor Livas and Director Mohammed Mostahkami presented a certificate of recognition and tile plaque to retiring City employee Edmundo Estrella, Assistant Civil Engineer II, for 30 years of service. 2. Mayor Vasquez presented the Mayor's Healthy Heart Award to Jorge Orozco, Rancho Los Amigos Rehabilitation Center. 3. Mayor Vasquez with the assistance of Monica Ortiz, Interim Recreation Manager introduced the new 2017-2018 Youth Commissioners and presented them with a certificate of appointment. RECESS/RECONVENE Mayor Vasquez recessed the City Council meeting at 7:11 p.m. Mayor Vasquez reconvened the City Council meeting at 7:20 p.m. PUBLIC HEARING: 1. AUTHORIZING THE ISSUANCE OF LEASE REVENUE BONDS IN CONNECTION WITH THE FINANCING OF CERTAIN PUBLIC CAPITAL IMPROVEMENT: Finance. a) HELD A PUBLIC NEARING; ADOPTED • • • 17.7761, A RESOLUTIONOF THE CITY COUNCILOF CITY OF DOWNEY APPROVING,•- r DIRECTING • OF CERTAIN FINANCING DOCUMENTS r DIRECTING r ACTIONS CONNECTION WITH THE FINANCING OF -• AND, AUTHORIZED THE ASSISTANT CITY MANAGER Tic) EXECUT CITY MANAGER AND/OR r• • ISSUE THE 2017BONDS,r AMOUNTTHE PRINCIPAL r•; • rMILLION. City Council Minutes Regular Meeting — November 28, 2017 2 Mayor Vasquez opened the Public Hearing at 7:21 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Mayor Pro Tem Aston and so ordered by the Mayor to receive and file. City Clerk Duarte noted no correspondence was received. The staff report was provided by Finance Director Gandhy. Director Gandhy introduced the members of the financing team involved in the release of the revenue bonds. On November 14, 2017, the City created a new Joint Powers Authority, the Downey Public Financing Authority to issue the 2017 Bonds. The Public Financing Authority is a joint exercise of powers agreement between the City of Downey and the Community Development Commission. Staff met with the Budget Subcommittee on several occasions to review projects and bond issuance. The issuance of approximately $49 million in 2017 Lease Revenue Bonds would be used to finance the acquisition and construction of certain public improvements of benefit to the City. These improvements include: a modernization project for Fire Stations 1, 2, 3 and the Police Station; improvements/modernization for the Library, City Hall, Civic Theatre, Rio Hondo Event Center, Public Works _ and Utilities Yard, Downtown Downey Parking Structure,- among other projects; and, improvement projects for City Parks. Director Gandhy commented in regards to the City's recent Standard & Poor's credit rating increase from A+ to AA-, which falls under the category of Superior Rating. He commented regarding Measure S tax revenue and said the budget projection revenue is $8,600,000, of which $4,300,000 will be for augmenting public safety and $4,300,000 is for Measure S Fund Capital Improvements. The $4.3 million in Public Safety includes the budgeting of 14 positions in Police and 8 positionsinFire. The other $4.3 million budgeted for Measure S Fund Capital Improvements will go to the debt service and any left over money will remain in the Measure S Fund for any future Council Capital Improvement projects. He provided a timeline of the financing schedule and stated the Independent Citizens' Oversight Committee will convene in January 2018 to adopt bylaws and appoint its ChairandVice-Chair. The Committee will review the Measure S Expenditures. Mayor Pro Tem Ashton clarified that any extra funds would be used for Public Safety. Mayor Vasquez opened for public comment at 7:29 p.m. Armando Herman,_ resident, commented in regards to public infrastructure. John Lacey, resident, inquired the costs to the City for the release of the revenue bonds. Director Gandhy responded and said the fee to the City will be a -one-time $400,000 to $500,000, based on the City's new credit rating. Having no one else come forward, Mayor Vasquez closed public comment at 7:36 p.m. Council Member Saab commented in favor of the item and said the release of the revenue bonds will ensure that the funds proposed for Measure S are properly spent and a specific timeline is followed. He said this will be a form of accountability and the Oversight Citizens' Committee will follow a specific plan. Mayor Vasquez said the Budget Subcommittee met on several occasions and it was important to ensure a reserve fund policy was in place as a safeguard for the City in case of economic downfalls in the future. It was moved by Council Member Saab, seconded by Mayor Vasquez and carried unanimously to adopt Resolution No. 17-7761, a Resolution of the City Council of the City of Downey approving, authorizing and directing execution of certain financing documents and directing certain related actions in connection with the financing of certain public Capital Improvements; and, authorized the City Manager and/or Assistant City Manager to execute documents necessary to issue the 2017 Lease Revenue Bonds, provided the principal amount does not exceed $52 million. City Council Minutes Regular Meeting — November 28, 2017 3 2. MORATORIUM ON SUBDIVIDING SINGLE-FAMILY RESIDENTIAL PARCELS: RECEIVE AND FILE REPORT ON ACTIONS TAKEN TO ALLEVIATE CONDITIONS THAT LED TO THE ADOPTION OF AN URGENCY ORDINANCE: Community Development. COUNCILADOPT ORDINANCE NO. 17w , AN INTERIM URGENCY ORDINANCE OF TH CITY OF OF DOWNEY EXTENDING ORDINANCEFOR AN ADDITIONALr MONTHS AND 16 DA TEMPORARYTHEREBY CONTINUING A O- O- ON r r, ZONE.PARCELS IN THE R-1 Mayor Vasquez opened the Public Hearing at 7:40 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Mayor Pro Tem Aston and so ordered by the Mayor to receive and file. Interim City Clerk Duarte noted correspondencewas received from The staff report was provided by City Planner David Blumenthal. Mr. Blumenthal explained that a lot split consists of dividing one parcel into two or more lots to allow additional development. The term parcel map is used to describe four or fewer units on a lot, and the term tract map is used to describe five or more units on a lot. On October 24, 2017, the Council adopted a 45 day moratorium on subdividing parcels in the R-1 Zone. The moratorium is set to expire on December 8, 2017. As directed by City Council, City staff met with the Downey Association of Realtors. The Realtors that attended the meeting expressed concern for both sides of the issue. Some expressed a concern for the integrity of single-family neighborhoods, noting that subdividing lots could damage that integrity, while others expressed concern about hindering development and growth in the City. Staff is here tonight to determine if the City Council wishes to extend the moratorium for an additional 10 months and 15 days, expiring October 23, 2018. Mr. Blumenthal said staff reviewed market conditions and found that in the last 45 days, 20 parcels in the R-1 zone are eligible to be subdivided; of the 20 parcels, 10 parcels are on the market and the other 10 parcels were recently sold. In addition, staff looked at non -conforming lots in the R-1 zone, 22 parcels met the criteria of non -conforming, 18 are churches and the other four are either gas stations or office buildings. If the City Council decides to extend the moratorium, staff will begin an analysis of parcels in the R-1 zone which will allow staff to determine how many parcels can be divided and the number of units that can be built in each parcel. Staff would then return to the Planning Commission and City Council for direction on how to proceed. Council Member Saab asked why staff needs a moratorium in place to review the zoning. He asked if there is a benefit. Mr. Blumenthal stated the moratorium stops new development and the study can be conducted either with or without a moratorium. Mayor Vasquez asked what feedback staff received from the Downey Realtors Association. Mr. Blumenthal stated half of the Association was concerned about allowing the lot splits and half were in favor of allowing development. Council Member Saab asked how many lots have been split in the last 12 months. Mr. Blumenthal said two lot splits in the last year and five lots total in the last five years. Council Member Saab asked if thesey were single-family homes or non -conforming lots. Mr. Blumenthal said they were all single family homes. Council Member Saab said is in favor of having zoning reviewed and also resume the discussion about mansionization. Hementionedhe would like to look at the verbiage for a property preservation ordinance and commented regarding his concerns about 'imposing on peoples' property rights by extending the moratorium. City Council Minutes Regular Meeting — November 28, 2017 4 Council Member Saab asked what other cities have a moratorium in place. Mr. Blumenthal stated he did not have that information with him at this time. Council Member Rodriguez said the moratorium allows staff to review this issue and return to Council in 10 months with the data. He said the decision doesn't affect the City today but in the future and many residents want to keep neighborhoods intact. City Manager Livas stated there are other cities that have adopted a moratorium and said the overriding concern in this case is not that the lots are split but rather the issue of the mansionization. He said staff can review neighborhood preservation. Mayor Vasquez said he is not in favor of a 10 month moratorium. Mayor Pro Tem Ashton asked how much time staff needed to review this issue. Mr. Blumenthal stated staff anticipates concluding the analysis by early spring 2018. Mayor Pro Tem Ashton stated he was comfortable with allowing staff to do their due diligence and return to Council in May. Council Member Pacheco said she also does not agree with a 10 month moratorium but would prefer to hear from staff in five months. Director Schindler commented about the time it will take to complete this study and said staff would need to rush and reprioritize projects in other areas in order to have the analysis ready in six months. City Manager Livas explained the moratorium would end in six months and the analysis may still be ongoing. Mayor Vasquez asked when the next General Plan update will take place. City Manager Livas responded and said staff will begin to work on the update next year. Mayor Vasquez said the analysis on lot splits can be done during the General Plan update. Council Member Saab asked what department projects could lose staffs focus when conducting the lot split analysis. Director Schindler said the permit counter is busy on a daily basis; staff is finalizing the Imperial Hwy. Economic Development Study, and, the medical overlay zone study. There is also the Rancho South Campus Development Project. Mayor Vasquez asked what the timeframe is for updating the General Plan. Mr. Blumentahal said it is updated every 10 to 15 years. Council Member Saab asked if a 4/5 vote is required to extend the moratorium. City Attorney Abich Garcia said it does require a 4/5 vote to pass. Council Member Pacheco asked how many requests for lot splits were received this year. Mr. Blumenthal said one request was received this year in the R-1 zone and there is a second one currently in process that will go before the Planning Commission in January. Mayor Vasquez opened for public comment at 8:03 p.m. Armando Herman, resident, commented against lot splits. Frank Dean, resident, commented against lot splits. City Council Minutes Regular Meeting — November 28, 2017 5 Dee Bacas, resident, asked Council to allow staff the time needed to conduct the analysis. Mr. Faraz, resident, asked if only a particular number of parcels in the R-1 zone could be studied first. City Manager Livas clarified that all zones must be studied at the same time. Ms. Kimberly, resident, commented in favor of the moratorium. Emory Sippos, resident, commented regarding owner property rights. Having no one else come forward, Mayor Vasquez closed public comment at 8:03 p.m. Mayor Pro Tem Ashton commented in favor of extending the moratorium to give staff the proper amount of time to analyze this issue and find a solution. Mayor Vasquez commented regarding the issue of mansionization. Council Member Rodriguez commented in favor of the moratorium and said the item before Council is not mansionization but regarding lot splits. He said he want to give staff sufficient time to analyze this issue. Council Member Saab said he agrees that staff should conduct the analysis but without the moratorium. Council Member Pacheco commented in favor of the extending the moratoria i - Mayor Vasquez said he believes the issue is important but he is not in favor of the moratorium 1t was moved by Mayor Pro Tem Ashton, seconded by Council Member Rodriguez, to adopt an Ordinance extending Interim Urgency Ordinance No. 17-1385 for an additional 10 months and 15 days thereby continuing a temporary moratorium on subdividing parcels in the R-1 zone. The motion failed due to lack of a 4/5 vote with Council Member Saab and Mayor Vasquez voting no. City Attorney Garcia provided an explanation regarding the requirement of a 4/5 vote to extend the moratorium on lot splits. She said the current moratorium will expire December 8, 2017. • �, Mayor Vasquez recessed the Downey City Council Meeting at 8:23 p.m. to reconvene the Downey Public Financing Authority Meeting and take action on Item No. 3 of the Downey Public Financing Authority Agenda. Mayor Vasquez reconvened the City Council Meeting at 8:33 p.m. Emory Sippos, resident, commented in regards security in the Downtown Downey area and thanked the Public Works Department for the new lighting in the parking structure. Armando Herman, resident, commented in regards to a traffic citation he was issued. Allan Halstensgarrd, resident, commented in regards to abortion. Bert Taylor, resident, asked about plans for the property adjacent to Calvary Chapel on Woodruff. City Manager Livas asked Mr. Taylor to speak to Director Schindler. Frank Dean, resident, commented regarding Mayor Pro Tem Ashton's Town Hall Meetings and asked Council to follow the policy for the rotation of the Mayor and Mayor Pro Tem. City Council Minutes Regular Meeting — November 28, 2017 6 Adrian Alvarez, Downey Latino Newspaper, commented about the Mayoral rotation last year; water contamination; and, asked aboutthe timeline of police calls and a restraining order related to the stabbing of Maria Magdalena Figueroa. City Manager Livas advised Mr. Figueroa his questions were being noted and a he will receive a response. He clarified that Downey water is one of the best water in the region and test reports prove it. He asked Director Mostahkami to follow up with Mr. Alvarez tomorrow. •6 r Mayor Vasquez asked if there was anyone present who would like to comment on Consent Calendar items. Armando Herman, resident, commented in regards to Item Nos. 5"and 13. Having no one come forward, Mayor Vasquez closed public comment. It was moved by Council Member Saab, seconded by Council Member Rodriguez and carried unanimously to approve the Consent Calendar. 4. APPROVED MINUTES: Special Meeting of November 14, 2017: City Clerk. 5. WARRANTS ISSUED: Warrant Nos. 319042 - 319339; Payroll Wire Nos. 30003679 - 30003684; Manual Wire Nos. 1626 - 1633, in the total amount of $3,263,213.89: Finance. 6. AUTHORIZED THE MAYOR TO EXECUTE AN AGREEMENT FOR SPECIAL COUNSEL SERVICES BETWEEN THE CITY AND THE LAW FIRM OF ATKINSON, ANDELSON, LOYA, RUUD & ROMO (AALR&R): Human Resources. 7. APPROVED ASSIGNMENT AND ASSUMPTION AGREEMENT CONVEYING THE RIGHT, TITLE AND INTEREST OF PIPELINE FROM PARAMOUNT PETROLEUM CORPORATION TO CARDINAL PIPELINE LP; AND, AUTHORIZED THE MAYOR TO EXECUTE THE ASSIGNMENT AND ASSUMPTION AGREEMENT: Public Works. •- • • r • • err • • - •r 9. APPROVED AMENDMENTS TO AGREEMENTS WITH THE CITIES OF PICO RIVERA, BELLFLOWER, PARAMOUNT AND SOUTH GATE FOR TRAFFIC SIGNAL MAINTENANCE SERVICES AT VARIOUS SHARED SIGNALIZED INTERSECTIONS; AUTHORIZED THE MAYOR TO EXECUTE THE AMENDMENTS; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY FURTHER AMENDMENTS: Public Works, r • 11 — • • • • • • • • • r• • • r • ` Development. City Council Minutes Regular Meeting - November 28, 2017 7 11. ADOPTED RESOLUTION NO. 17-7763, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES' ASSOCIATION - MISCELLANEOUS UNIT (APRIL 1, 2016 - MARCH 31, 2018) BY ADOPTING THE SIDE LETTER AGREEMENT: Human Resources. 12. ADOPTED RESOLUTION NO. 17-7764, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES' ASSOCIATION - MAINTENANCE UNIT (APRIL 1, 2016 MARCH 31, 2018) BY ADOPTING THE SIDE LETTER AGREEMENT: Human Resources. 13. ADOPTED RESOLUTION NO. 17-7765,_A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY FIREMEN'S ASSOCIATION_ (JANUARY 1, 2015 - DECEMBER 31, 2016) BY ADOPTING THE SIDE LETTER AGREEMENT: Human Resources. 14. ADOPTED RESOLUTION NO. 17-7766, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY POLICE MANAGEMENT ASSOCIATION (JULY 1, 2017 - JUNE 30, 2020): Human Resources. 15. ADOPTED ORDINANCE NO. 17-1388, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING SECTION 7102.2.2 ESTABLISHING A 20 -TON VEHICLE WEIGHT AND LOAD LIMIT ON THE SUVA STREET BRIDGE OVER THE RIO HONDO CHANNEL: Public Works. 16. LED LIGHTING RETROFIT PROJECT AT RIO HONDO GOLF COURSE, 2ND STREET PARKING STRUCTURE AND BARBARA J. RILEY COMMUNITY CENTER PARKING LOTS ACCEPTED THE PROJECT" AS COMPLETE; APPROVED THE FINAL CONSTRUCTION AMOUNT OF $190,239.81; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF COMPLETION: Public Works. ADMINISTRATIVE REPORTS 17. SALARY RANGE ADJUSTMENTS FOR CHIEF OF POLICE: Human Resources, ADOPTED RESOLUTION NO. -17-7767,_A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING COMPENSATION FOR THE POSITION OF CHIEF OF POLICE City Manager Livas announced Human Resources Director Irma Youssefeieh would` provide the staff report. Director Youssefieh stated in compliance with Senate Bill 1436 adopted August 23, 2016, a local agency is required to report out certain information before changing the compensation or benefits of their executives._ Under this law, legislative bodies for agencies mustorallyreport a summary of a recommendation for changes in salaries or benefits before voting for on the changes. In accordance with City Council Resolution No. 5290, the Management Performance Compensation Plan, includes that any cost -of -living (COLA) increase granted to management employees will be no less than that granted to the rankandfile employees. The current monthly salary range for the position for Chief of Police is $15,242.31 to $18,595.62. The new monthly salary rangesproposedfor the position of Chief of Police to correspond with COLA increases contained in the DPOA and DPMA MOUs are as follows: Effective December 4, 2017, $15,547.16 to $18,967.53; effective June 18, 2018, $15,858.10 to $19,346.88; and, effective July 1, 2019, $16,333.84 to $19,927.29. The salary range adjustments increases personnel costs by approximately $4,000 in Fiscal Year 2018. This cost is included in the City Council Minutes Regular Meeting — November 28, 2017 8 Fiscal Year 2017-2018 budget. The salary range adjustments increase personnel costs by approximately $7,100 in Fiscal Year 2018-19; and, $11,300 in Fiscal Year 2019-20. Council Member Saab asked if this is normal pay for a City of this size. Director Youssefieh stated Mayor Vasquez asked if there was anyone present who would like to comment on this item. Armando Herman, resident, commented in favor of the salary range adjustments for Chief of Police. Having no one come forward, Mayor Vasquez closed public comment. It was moved by Mayor Pro Tem Ashton, seconded by Council Member Saab and approved unanimously to Adopt Resolution No. 17-7767, a Resolution of the City Council of the City of Downey establishing compensation for the position of Chief of Police. 18. APPROVED THE COMPENSATION ADJUSTMENT FOR THE CITY MANAGER: Human Resources. City Manager Livas announced Human Resources Director Irma Youssefieh would provide the staff report. Director Youssefieh stated this is _ a compensation adjustment for the City Manager in accordance with Amendment No. 2 of the Employment Agreement. In compliance with Senate Bill 1436 adopted August 23, 2016, a local agency is required to report out certain information before changing the compensation or benefits of their executives. The votes must be taken in the open session portions of the meetings. City Manager Livas' current annual salary is $257,822.65. In accordance with Section 1(B) of Amendment No. 2 to Employment Agreement, a compensation adjustment increasing City Manager Livas' annual salary to $262,979.10 to provide the 5% total compensation differential between City Manager Livas and the next highest paid employee, Police Chief Carl Charles. Mayor Vasquez asked if there was anyone present who would like to comment on this item. The salary range adjustment increases personnelcostsby approximately $3,300. This cost is included in the Fiscal Year 2017-18 budget. Having no one come forward, Mayor Vasquez closed public comment. It was moved by Council Member Saab, second by Council MemberRodriguez and approved unanimously to approve the compensation adjustment for the City Manager. 19. APPROVED CITY CLERK EMPLOYMENT AGREEMENT: Human Resources. City Manager Livas announced Human Resources Director Irma Youssefieh would provide the staff report. Director Youssefieh stated following the City Council appointment of Maria Alicia Duarte to the management position of City Clerk on November 14, 2017, the Employment Agreement is before Council for approval tonight. In compliance withSenateBill 1436 adopted August 23, 2016, a local agency is required to report out certain information before changing the compensation or benefits of their executives. Under this Jaw, legislative bodies for agencies must orally report a summary of a recommendation for changes in salaries or benefits before voting for the changes. In accordance with the Charter of the City of Downey, Article VII, Section 701, the positions of City Manager, City Attorney, and City Clerk are appointed by and may be removed by appropriate action of the City Council. In addition to the same provisions of salary and benefits administration in accordance with City Personnel Rules and Regulations, the Employment Agreement contains a monthly salary rate of $8,293.21 and six month severance payment in the event the City Council exercises its right to remove Ms. Duarte from the position ofCityClerk. The salary range for the position of City Clerk is $8,293.21 to $10,273.88. The personnel costs are budgeted in the current Fiscal Year 2017-18 budget. City Council Minutes Regular Meeting — November 28; 2017 9 Mayor Vasquez asked if there was anyone present who would like to comment on this item. Having no one come forward, Mayor Vasquez closed public comment. Council Member Saab congratulated Ms. Duarte on her appointment. He mentioned the City Council appoints the position of City Manager, City Attorney and City Clerk in the City and said the Council has seen Ms. Duarte in action and has the confidence she will continue to serve the public ethically. It was moved by Council Member Saab, second by Mayor Pro Tem Ashton and approved unanimously to approve the City Clerk Employment Agreement. 20. APPOINTED THE MAYOR PRO TEM AND MAYOR FOR 2018: City Clerk._ City Manager Livas provided the report for Item No. 20. He stated this is the selection process for Mayor and Mayor Pro Tem for 2018 which happens amongst the City Council Mayor Vasquez asked if there was anyone present who would like to comment on this item. Armando Herman, resident, commented in favor of Mayor Pro Tem Ashton rotating to Mayor for 2018. Mr. Faraz, resident, 'Inquired about the City Council rotation policy. Having no one come forward, Mayor Vasquez closed public comment. It was moved by Mayor Vasquez, seconded by Council Member Rodriguez and approved unanimously to appoint Mayor Pro Tem Ashton as Mayor for 2018. Mayor Pro Tem Ashton thanked his Council colleagues for their vote and confidence. City Clerk Duarte announced 56 letters were received from residents in favor of Mayor Pro Tem Ashton being appointed Mayor for 2018. Mayor Vasquez asked if there was anyone present who would like to comment on this item. It was moved by Council Member Pacheco, seconded by Mayor Pro Tern Ashton and approved unanimously to appoint Council Member Rodriguez as Mayor Pro Tem 2018. STAFF MEMBER COMMENTS City Manager Livas thanked the Budget Subcommittee for placing the city in the position of completing infrastructure projects in the next three years. He thanked Director Gandhy, Assistant City Manager Oskoui and Assistant to the City Manager DeLong for their work with the Standard & Poor's credit rating and Lease Revenue Bonds. He stated the City is strong financially and is in a great position due to the City Council meeting. Mayor Vasquez requested staff return to City Council with information regarding the mansionization and lot splits issues in January. City Council Minutes Regular Meeting — November 28, 2017 10 Mayor Vasquez adjourned the Regular City Council Meeting at 9:22 p.m.in memory Cpl. Todd L. Mcgurn of Riverside, CA and Chief Warrant Officer 2 Lee M. Smith of Arlington,TX who were supporting operation inherent resolve; Sgt. 1" Class Hughton O.Brown, 43, of Brooklyn, NY, Sgt. First Class Stephen B. Cribben of Simi Valley, CA and Chief Warrant Officer Jacob M. Sims, 36, of Juneau, Alaska who were supporting operation Freedom's Sentinel; aff'Sgt. Bryan C. Black, Staff MARIAALI IA DUART , CMC Ni ASHTON City Clerk Mayor City Council Minutes Regular Meeting — November 28, 2017 11