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HomeMy WebLinkAboutMinutes 06-26-18 Regular MeetingMINUTES OF CITY COUNCIL OF OF DOWNEY REGULAR MEETING JUNE 26, 2018 The City Council of the City of Downey held a Regular City Council Meeting on June 26 2018, at 6:38 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Ashton presiding. PRESENT'. Council Members." Sean Ashton Rick Rodriguez Blanca Pacheco Alex Saab Fernando Vasquez Mayor Mayor Pro Tem Council Member Council Member Council Member ALSO PRESENT: Gilbert Livas, City Manager Yvette M. Abich Garcia, City Attorney John Oskoui, Assistant City Manager Carl Charles, Chief of Police Mark Gillaspie, Fire Chief Ed Norris, Interim Public Works Director Pamela Passow, Parks & Recreation Director Anil Gandhy, Finance Director Alicia Duarte, CMC, City Clerk The Invocation was delivered by Pastor Jeremiah Kerkhoff, The Lord's Grace Church. The Pledge of Allegiance was led by Ezekiel "Zeke" Rodriguez. COUNCIL• FOR FUTURE AGENDA CONFERENCE/MEETINGREPORTS Council Member Saab welcomed the audience to the meeting. He announced the next Summer Concert in the Park at Furman Park. He reported attending two Homeless Subcommittee Meetings and commented regarding the increase in homelessness which causes a ripple effect in the community. He mentioned the City is working with several local and outside groups to try to alleviate the homelessness issues arising by offering necessary resources to those affected by homelessness. He said there will be an opportunity for anyone interested to volunteer in the near future. He reported participating on a ride - a -long with Downey P.D. and commented regarding the professionalism of the Downey Police Officers. He talked about the loss of Fire Captain Rosa in Long Beach and thanked the Downey Police and Fire Department personnel for all they do. He reported attending the Gateway COG Conference and reported on the session related to new legislation involving high density housing. He announced the upcoming Chamber of Commerce Installation and acknowledged Roy Beard in the audience. He thanked Mr. Beard for his service in the C.E.R.T program. Council Member Pacheco welcomed the audience to the meeting. She recognizedChad Overly and Joel Jackson in the audience. She reported attending the Gateway COG Conference and reported on the session related to public and private partnership development. She attended the NALEO Conference and reported on the session related to emergency preparedness. She discussed best practices for natural disasters and active shooter situations. She commented regarding the C.E.R.T courses offered within the City. She thanked Roy Beard for his service in C.E.R.T. and announced the Spanish C.E.R.T coursetookplace over the weekend. She announced upcoming events: Downey Symphony 60th Anniversary Celebration and Essential Fashions ribbon cutting. She requested staff research preparing for 5G network. She wished everyone a safe and happy 4th of July. City Council Minutes Regular Meeting — June 26, 2018 Council Member Saab requested staff bring an agenda memo to the next meeting to form a subcommittee to review the catch basin contract renewal. Council Member Vasquez reported attending the NALEO Conference and reported on the sessions related to substance abuse and diversity in the workforce. He encouraged parents to intervene and keep open communication with their children at all times. He commented regarding the work culture in the City of Downey and commended the professionalism of City staff. He reported attending the 1-5 freeway meeting and said Caltrans is -going to be delayed with the project an additional 15 months. In regards to the Florence Ave. overpass bridge, two lanes will be opened in each direction by the first week of August and completion is scheduled for December 2019. He announced participating in the "Posible" small business startup by ,Univision. He acknowledged members of Courage Forward in the audience. Mayor Pro Tem Rodriguez welcomed the audience to the meeting. He acknowledged members of Courage Forward, his son Rick Jr. and grandchildren in the audience. He mentioned being fortunate to serve as -a civilian appointee to the United States Army Board of Directors and helping with public private partnership, collaboration of the business community, clergy and the United ,States -Army. He attended a briefing of other companies in Southern California that are hiring Veterans and listened to the idea of joining Pace Partners. Pace Partners is an organization that partners with the United States Army to _hire young reservistsasfull-time employees. He attended a L.A. County Homeless encampment training. He reported attending the Gateway COG Conference and reported on the session related to housing. He commented on housing issues forced by Northern California_ He reported attending the monthly SELACO WIB and SEACCA meeting. Mayor Ashton welcomed the audience to the meeting. He reported attending the Gateway COG Conference and reported on the session related to housing. He commented on the pressures imposed by the state to build more housing, and the desire from residents to preserve the City's current housing. He said they will continue to communicate to State officials that local control is what is best for the region to maintained quality of life. He mentioned receiving several complaints from residents about parking issues on streets adjacent to the Green Line Station due to paid parking imposed by Metro. He askedstaff to research the type of parking issues occurring and asked staff to contact Metro and discuss an alternative to paid parking. He wished everyone a happy and safe 4t" of July and commented on the issues with illegal fireworks. He asked Chief Charles to briefly summarize what the fines are for lighting of illegal fireworks. Chief Charles stated there will be strict enforcement and zero tolerance of illegal fireworks. Fines range from $2000 for the first offense to $3000 for the third offense. He said signage has been posted at City entry ways and flyers will be handed out at firework stands. He stated 78 citations were issued last year Mayor Ashton requested staff provide a report of planned enforcement' and scheduling for the 4t" of July. He commented regarding his decision to not hold a City fireworks event this year and asked anyone with questions to please contact him. PRESENTATIONS 1. Mayor Ashton presented the Mayor's Downey DNA Award to Ben Alemu. 2. Mayor Ashton presented the Mayor's Hero of the Meeting Award to Hector Passi. 3. Mayor Ashton with assistance from City Manager` Livas presented a tile plaque and Certificate of Recognition to retiring employee with 11 years; of service, Irma Youssefieh Director, Human Resources Department. City Council Minutes Regular Meeting — June 26,2018 2 4. Mayor Ashton with assistance from Mayor Pro Tem Rodriguez presented a Certificate of Recognition to WalterSarnoi. RECESS/RECONVENE Mayor Ashton recessed the City Council meeting at 7:32 p.m. Mayor Ashtonreconvened the City Council meeting at 7:40 p.m. PUBLIC HEARING: 1. ADOPTED PROPOSED BUDGET FOR 2018-19 FISCAL YEAR: Finance. ADOPTED RESOLUTION•; • OF • OF CITY OF DOWNEY ADOPTINGc18-19 BUDGET AND THE ANNUAL APPROPRIATIONS Mayor Ashton opened the Public Hearing of 7:40 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Council Member Vasquez and so ordered by the Mayor to receive and file. City Clerk Duarte noted no correspondence was received. City Manager Livas commented regarding the Council's commitment fo fiscal responsibility. He mentioned the goals and priorities_ set by the Council for the year are reflected in the budget. He thanked the budget subcommittee who has reviewed each line of the budget. He thanked the Budget Subcommittee for reviewing the budget line by line, and for their patience. The staff report was provided by Anil Gandhy, Finance Director. Director Gandhy presented the proposed budget for Fiscal Year 2018-19. The City's budget is in accordance with Council priorities and goals reviewed by the City Council's Budget Subcommittee. The total budget is $262,021,127, and includes the cost of personnel, operations, materials, supplies, capital equipment, capital improvement projects, and transfers to other funds. Director Gandhy explained $152 million is budgeted for Public Works with $125 million for capital improvementprojectsfor the upcoming fiscal year. The proposed General Fund portion of budget is $89,406,693, based upon estimated General Fund revenues of $89,425,536. The General Fund summary shows $29,994,634, in the reserve fund. The property tax, sales tax, and Utility User Tax (UUT) combined is 68% of the City's revenue. The General Fund revenue is projected to increase by 6% in the next fiscal year. The sales tax is projected to increase by 5%. A decrease in UUT is anticipated due to combination of the electricity and telephone services because of conservation efforts by residents and low-cost cellular unlimited data. Council Member Saab asked Director Gandhy to elaborate on the percentage growth. Director Gandhy explained the projected increase is based on City businesses and properties. Director Gandhy provided a breakdown of general fund expenditures as follows: Fire and Police 64%, property tax, sales tax, UUT combined 68%, Public Works 7%, Parks and Recreation 11 %, Community Development 5%, transfers out 2% and General Government 11 %. He mentioned a 4% increase in expenditures and stated the $3.2 million increase is strictly for salary and benefits. He provided information regarding CalPERS impacts on the General Fund for the next several years. Director Gandhy mentioned an increase of $9.2 million from the Measure S Sales Tax Revenue. He explained the distribution in three categories: operations, capital and public safety equipment and general funds. He concluded by stating the City continues to maintain its goal in allocating 35% in the reserve funds. City Council Minutes Regular Meeting — June 26, 2018 3 City Manager Livas highlighted the growth in sales tax and property tax as a result of an increase in - economic development. He mentioned a $152 million allocation from the total budget towards Public Works for road improvements. Lastly, he reiterated the ability in preserving the 35% in the reserve funds. City Manager Livas thanked the City Council for their patience with the budget process. Mayor Ashton opened for public comment of 7:53 p.m. Armando Herman, resident, commented regarding budget appropriations, resources, worker's compensation expenditures and settlements. Having no one else come forward, Mayor Ashton closed public comment at 7:58 p.m. Council Member Saab thanked City Manager Livas,-Assistant-City Manager Oskoui, Director Gandhy, Assistant Finance Director Fructuoso and City staff involved in the preparation of the budget. He commented regarding a fiscally responsible City of Downey with a strong retail and real estate component. He thanked Council Member Vasquez for his service on the Budget Subcommittee. He thanked the residents and advised them that the budget document is posted on the website. Council Member Vasquez thanked Director Gandhy and City staff for their work on the budget. He highlighted the budget disbursement in public safety, economic development and the importance of local control in the Police and Fire Departments. He commented regarding economic development and commended the City Manager's work in laying out a foundation to be prepared for a recession. Council Member Vasquez thanked staff and residents for the growth of the local economy. It was moved by Council Member Saab, seconded by Council Member Vasquez and carried unanimously to adopt Resolution no. 18-7812, a Resolution of the City Council of the City of Downey adopting the fiscal year 2018-19 budget and the annual appropriations limit. 2. RESOLUTION ADOPTING 2018-19 USER FEES: Finance. • ■ 1611A1 •, ■4LO] 2 9:4 1� Mayor Ashton opened the Public Hearing at 8:06 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Council Member Vasquez and so ordered by the Mayor to receive and file. City Clerk Duarte noted no correspondence was received. City Manager Livas stated user fees are charged when the City performs special services for a limited number of persons to whom those services are of value, rather than asking the community at large to pay for services from which the community members do not substantially benefit. Based on Proposition 26, approved by voters in 2010, it requires that user fees for activities that benefit specific user groups be set at no more than the actual cost to provider services. The City retained Matrix Consulting Group to conduct a city-wide Cost Allocation and User Fee Study in late 2016. The study found that the City is currently under -recovering nearly two million dollars in costs. The User Fee Study recommended a range of cost recovery targets that are specific to the industry, end user group and public purpose for which the activity is occurring. Council Member Saab asked for clarification of the street vendor operator permit fee and asked if it is permitted. Chief Charles responded a street vendor is an individual selling food from a cart. City Manager Livas further clarified that a food vendor is someone selling food at an event. City Council Minutes Regular Meeting — June 26, 2018 4 Council Member Pacheco asked in regards to the fortuneteller permit fee. Chief Charles stated this is for card reading establishments. Mayor Ashton opened for public comment at 8:13 p.m. Armando Herman, resident, commented in opposition of user fees. Having no one else come forward, Mayor Ashton closed public comment at 8:18 p.m. Council Member Saabquestionedthe increase of Conditional Use Permit (CUP) fees. City Manager Livas explained staff surveyed cities in the area and Downey was under charging in that particular permit fee. Council Vasquez inquired the current fee for a Minor CUP. Director Schindler responded the Minor CUP permit fee is $250. Mayor Ashton thanked Finance Director Gandhy and staff for their work on the User Fees. It was moved by Mayor Ashton, seconded by Council Member Saab and carried unanimously to adopt Resolution No. 18-7813, a Resolution of the City Council of the City of Downey establishing a Uniform Schedule of Fees. 3. ZONE TEXT AMENDMENT FOR CREATION OF A BIOMEDICAL OVERLAY ZONE: Community Development. "•r r •"l • • • s r• • 0141 IFTI• r • • Mayor Ashton opened the Public Hearing at 8:22 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Council Member Vasquez and so ordered by the Mayor to receive and file. City Clerk Duarte noted no correspondence was received. The staff report was provided by Mary Wright of Civic Solutions. The purpose of the study is to create a new Biomedical Overlay Zone and related development standards to maintain and attract biomedical uses within the City. She discussed the phases involving the creation of the Biomedical Overlay Zone. Ms. Wright reviewed the proposed amendment to the zoning ordinance to provide new and revised definitions for medical services and uses. She discussed the proposal to amend the development standards of commercial zones. She advised the Biomedical Overlay Zone would expedite the processing of biomedical uses within the five areas of the City. Additional recommendations include amending the general plan land use and economic development elements to address biomedical uses, re -designation of Hospital -Medical Arts zone to general commercial, and evaluation of other techniques to incentivize biomedical uses. Mayor Ashton opened for public comment at 8:30 p.m. Armando Herman, resident, commented regarding parking issues. Having no one else come forward, Mayor Ashton closed public comment at 8:34 p.m. Council Member Saab thanked City Manager Livas, Community Development Director Schindler and staff for their work on this item. City CouncilMinutes Regular Meeting — June 26, 2018 5 Mayor Ashton thanked City staff for working on this item. It was moved by Council Member Saab, seconded by Council Member Vasquez and carried unanimously to introduce an Ordinance of the City Council of the City of Downey adopting a negative declaration of environmental impacts, amending various sections of Article IX of the Municipal Code, and amending the zoning map to establish a new Biomedical Overlay Zone. NON AGENDA PUBLIC COMMENT Armando Herman, resident, commented regarding the Constitution and First Amendment rights. Allen Halstensgaard, resident, commented regarding abortion. Roy Beard, resident, commented regarding the recent Spanish C.E.R.T. class which included 13 participants. He thanked Mayor Ashton for attending the graduation and thanked the City staff who provided the training. He mentioned two C.E.R.T groups will be recognized at future Council meetings. He invited the Council to attend the Diamond Jubilee Parade in Pico Rivera on June 30. Edward Williams, resident, commented regarding parking issues on Gardendale related to parking overflow by Metro commuters who are parking on public streets. Council Member Vasquez requested City Manager Livas contact Supervisor Hahn's office and ask for an alternative solution for paid parking at the Green Line Station. Kristian Batiste,_ resident, commented regarding parking issues in the area of Gardendale and Lakewood. Having no one else come forward, Mayor Ashton closed public comment. CONSENT CALENDAR Council Member Pacheco removed Item No. 9; and, Mayor Pro Tern Rodriguez abstained from Item No. 7. Mayor Ashton asked if there was anyone present who would like to comment on Consent Calendar items. Armando Herman, resident, commented regarding Item Nos. 12, 17, 19, 24 and 12. Having no one come forward, Mayor Ashton closed public comment. It wasmovedby Council Member Saab, seconded by Council Member Vasquez and carried unanimously to approve the remainder of the Consent Calendar with Council Member Pacheco pulling Item No. 9 and Mayor Pro Tem Rodriguez abstaining from Item No.7. 4. APPROVED MINUTES: Special and Regular Meetings of June 12,2018: City Clerk. 5. WARRANTS ISSUED: Warrant Nos. 324610-324943; Payroll Wire Nos. 30003762-30003767; and; Manual Wire number is 1707; in the total amount of $3,332,676.98: Finance. 6. ACCEPTED OLD RIVER SCHOOL RD. WATER SYSTEM IMPROVEMENT PROJECT FROM IMPERIAL HWY. TO ARNETT ST. AS COMPLETE; APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $1,030,475; AND, AUTHORIZED THE INTERIM DIRECTOR OF PUBLIC WORKS TO FILE THE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 16-21): Public Works. City Council Minutes Regular Meeting — June 26, 2018 6 B. ADOPTED _ • • • 18-7819, A RESOLUTIONOF • OF THE CITY OF DOWNEY,•-NIA, REQUESTING THE BOARD OF - - • CALIFORNIAOF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2018, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE I • rd C. ADOPTED _ • • • 0 A RESOLUTIONOF • OF THE CITY OF DOWNEY ADOPTINGREGULATIONS FORr ;i,FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6,2018. 18. ADOPTED RESOLUTION NO. 18-7821, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE CLASSIFICATION SPECIFICATIONS AND ESTABLISHING COMPENSATION FOR THE POSITIONS OF ASSISTANT CIVIL ENGINEER I & II — UTILITIES AND CODE ENFORCEMENT SUPERVISOR: Human Resources. 19. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AGREEMENT BETWEEN THE CITY OF DOWNEY AND ALL -CITY MANAGEMENT SERVICES, INC. FOR CROSSING GUARD SERVICES: Police.- 20. ADOPTED ORDINANCE NO. 18-1395, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING VARIOUS SECTIONS OF ARTICLE IX OF THE MUNICIPAL CODE REGARDING DEFINITIONS, VARIOUS ZONE USES, AND PARKING REGULATIONS RELATED TO MINOR COMMERCIAL RECREATION USES: Community Development. 21. ADOPTED THE 2018 INVESTMENT POLICY FOR PUBLIC FUNDS OF THE CITY OF DOWNEY AND ITS RELATED ENTITIES: Finance. 22. DIRECTED THE CITY CLERK AND CITY ATTORNEY TO CONDUCT THE BIENNIAL REVIEW OF THE CITY'S CONFLICT OF INTEREST CODE: City Clerk. 23. WAIVED ADMISSION FEES TO THE COLUMBIA- MEMORIAL SPACE CENTER DURING THE ANNUAL ROCKET FEVER EVENT, AUGUST 18,2018: GMSC. 24. APPROVED FEE WAIVER FOR USE OF THE SHOWMOBILE AT THE 2018 ANNUAL RELAY FOR LIFE COMMUNITY EVENT SPONSORED BY THE DOWNEY ADULT SCHOOL: Parks & Recreation. OTHER BUSINESS: 9. ACCEPTED A DONATION IN THE AMOUNT OF $50,000 FROM THE COUNTY OF LOS ANGELES BOARD OF SUPERVISORS FOR CEMETERY IMPROVEMENTS; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH COUNTY OF LOS ANGELES BOARD OF SUPERVISORS: Parks& Recreation. Council Member Pacheco asked for clarification of future improvements replacing the block wall at the cemetery. Director Passow commented regarding the improvements reviewed by the County for the cemetery after recent vandalism incidents. She stated the current block fence would be replaced with a rod iron fence in the future. City Council Minutes Regular Meeting — June 26, 2018 8 Mayor Ashton asked if there was anyone present who would like to comment on this item. Armando Herman, resident, commented in opposition of the cemetery improvements. Having no one else come forward, Mayor Ashton closed public comment. It was moved by Council Member Pacheco, seconded by Council Member Saab and carried unanimously to accept a donation in the amount of $50,000 from the County of Los Angeles Board of Supervisors for Cemetery Improvements. r -• Resources. The staff report was provided by Irma Youssefieh, Human Resources Director. On February 27, 2018, City Council adopted salary range adjustments for the position of Fire Chief in accordance with the Management Performance Compensation Plan which provides that cost -of -living increases granted to management employees will be no less than that granted to the rank and file employees in their respective departments. The salary range adjustments were a result of the negotiated Memorandum of Understanding between the City of Downey and Downey Fire Management Association earlier this year which include across the board salary range increases of 2%, 2%, and 3% in a three year term that expires on December 31, 2019. The special assignment position of Assistant Fire Chief is filled by an incumbent of the Fire Battalion Chief classification and is compensated at 5.5% above the salary of Fire Battalion Chief per MOU. A recent review of the compensation between the current Assistant Fire Chief and Fire Chief finds that an additional salary range adjustment is necessary for the classification of Fire Chief to address salary compression in which the subordinate classification is paid almost as much as the supervisor due to time in position. To address this impact staff recommends that at least a minimum of 5% exist between the total compensation of the Fire Chief and the Assistant Fire Chief. It is necessary in compliance with Senate Bill 1436 that local agencies report out certain information before changing the compensation or benefits of their executives. Under this law, legislative bodies for agencies must orally report a summary of a recommendation for changes in salaries or benefits before voting for the changes. The votes must be taken in open session portions of the meeting. The current monthly salary range for the position of Fire Chief is $14,279.99 to $17,415.49. To implement the minimum of a 5% differential between the total compensation of the Fire Chief and the Assistant Fire Chief, the new monthly salary ranges proposed for the classification of Fire Chief are as follow: Effective July 2, 2018, $14,851.70 to $18,119.08; and, effective December 31, 2018, $15,297.25 to $18,662.65 in correspondence with the 3% across the board increase scheduled for the Downey Fire Management Association. The recommendation is for compensation only. All other benefits payable to the position of Fire Chief are in accordance with Resolution No. 18-7799 currently in effect. The salary range adjustments for the classification of Fire Chief increases personnel cost by approximately $13, 423.49 in Fiscal Year 2018-19. This cost is included in the Fiscal Year 2018-19 budget. Mayor Ashton asked if there was anyone present who would like to comment on this item. Armando Herman, resident, commented in regards to proposing an 8% increase. Having no one else come forward, Mayor Ashton closed public comment. City Council Minutes Regular Meeting — June 26, 2018 9 It was moved by Council Member Saab, seconded by Council Member Vasquez and approved unanimously to adopt Resolution No. 18-7822, a resolution of the City Council of the City of Downey establishing compensation for the position of Fire Chief. STAFF MEMBER COMMENTS: None. /1�71Ti17T7►1i� ➢ Mayor Ashton adjourned the regular City Council meeting at 9:23 p.m. in memory of Petty Officer 1st Class Matthew I. Holzemer, of Tennessee, who died while supporting Special Operations Command Forward - East Africa for U.S. Africa Command Wyandotte County, Kansas Sheriffs Officers Patrick Rohrer, 35 and Theresa King, 44, who died in the line of duty, Former Artesia Mayor John Carlos Martins, 54, and, Long Beach Fire Captain Dave Rosa, 45, killed in the line of duty. A ;4LICIA DUAPTE iiC City Clerk City Council Minutes Regular Meeting — June 26, 2018 10 VEA ASHTON Mayor