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HomeMy WebLinkAbout02b. Minutes - 06-25-19 - Regular MeetingCity Council Minutes Regular Meeting – June 25, 2019 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JUNE 25, 2019 The City Council of the City of Downey held a Regular City Council Meeting on June 25, 2019, at 6:32 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Rodriguez presiding. PRESENT: Council Members: Rick Rodriguez Mayor Blanca Pacheco Mayor Pro Tem Sean Ashton Council Member Claudia Frometa Council Member Alex Saab Council Member ALSO PRESENT: Gilbert Livas, City Manager Yvette M. Abich Garcia, City Attorney Vaniah De Rojas, Assistant to the City Manager Dean Milligan, Chief of Police Mark Gillaspie, Fire Chief Delfino Consunji, Public Works Director Pam Passow, Parks and Recreation Director Aldo Schindler, Community Development Director Anil Gandhy, Finance Director James McQueen, Human Resources Director Alicia Duarte, CMC, City Clerk The Invocation was delivered by Mayor Rodriguez. The Pledge of Allegiance was led by Mayor Pro Tem Pacheco. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE/MEETING REPORTS Council Member Saab welcomed the audience to the meeting. He invited the audience to utilize the QR Code to upload the agenda to their electronic devices. He acknowledged Commissioner Nolveris Frometa and former Mayor David Gafin in the audience. He reported attending the 36th Annual National Association of Latino Elected and Appointed Officials Conference. He reported homelessness is a nationwide concern and commented on what other Cities are doing to address the issue. He requested staff review the existing Campaign Finance Reform Regulations Ordinance to see if adjustments are required. He congratulated Carrie Uva as the new Chamber of Commerce President; and, thanked the outgoing President John Casillas for his work. He acknowledged Julie Emerson, Public Affairs Manager of Southern California Gas Company, in the audience. He announced upcoming events: Twilight Summer Concerts at Furman Park, Stay Up Music and Comedy show at the Stay Gallery, and Downey Symphonic Orchestra’s Annual Summertime Barbecue at Furman Park. Council Member Frometa welcomed the audience to the meeting. She acknowledged former Mayor David Gafin, Brenda Gafin, Michael Calvert, and Commissioner Nolveris Frometa in the audience. She reported attending the 36th Annual National Association of Latino Elected and Appointed Officials Conference. She commented on the various challenges regarding the homeless situation; and, the legalization of marijuana in some communities. She announced upcoming events: Twilight Summer Concerts at Furman Park, Girls on Fire Summer Program, and groundbreaking ceremony at Independence Park. City Council Minutes Regular Meeting – June 25, 2019 2 Council Member Ashton welcomed the audience to the meeting. He commented regarding the homeless issue and the need for a solution. He requested staff identify a cooling station to replace the Library Station during the Library’s closure. Mayor Pro Tem Pacheco welcomed the audience to the meeting. She reported attending the League of California Cities Housing and Economic Development Policy Committee meeting. She commented on Senate Bill 50 that was opposed by the Committee which would have negatively impacted the City with high density housing. She reported attending the Rancho Los Amigos Las Floristas Scholarship and Awards Dinner and the 36th Annual National Association of Latino Elected and Appointed Officials Conference. She commented on the Girls on the Run session, a ten week program, that teaches girls how to meet their potential. She mentioned the Downey’s Girls on Fire Summer Program’s topics. She thanked Chief Milligan for his support of the program; and, thanked the Downey Police Officers and City Attorney Abich-Garcia for their participation. She reported attending the Downey Chamber of Commerce luncheon. She acknowledged former Mayor David Gafin and Michael Calvert in the audience. She congratulated the newly sworn in Chamber of Commerce President Carrie Uva; and, the outgoing President John Casillas. Mayor Rodriguez thanked the audience for allowing him to sit in his seat on the City Council. He acknowledged Mrs. Calvert in the audience. He reported attending the Service Planning Area 7 meeting where he presented Downey’s plan to combat homelessness. He reported touring the Los Angeles Centers for Alcohol and Drug Abuse, an incarceration to employment program in Santa Fe Springs; the Department of Children and Family Services graduation and announced all 30 of the High School Senior foster children from the City of Downey graduated. He reported attending the 36th Annual National Association of Latino Elected and Appointed Officials Conference and thanked his colleagues for always collaborating and setting the standards high for other Cities. PRESENTATIONS 1. Mayor Rodriguez presented the Mayor’s Servant Heart Award to Brianna Rodriguez. RECESS/RECONVENE Mayor Rodriguez recessed the City Council meeting at 6:50 p.m. Mayor Rodriguez reconvened the City Council meeting at 7:02 p.m. with all Council Members present. PUBLIC HEARING 1. PROPOSED BUDGET FOR 2019-2020 FISCAL YEAR: Finance. ADOPTED RESOLUTION NO. 19-7885, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE FISCAL YEAR 2019-20 BUDGET AND THE ANNUAL APPROPRIATIONS LIMIT Mayor Rodriguez opened the Public Hearing at 7:02 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Mayor Pro Tem Pacheco, and so ordered by the Mayor to receive and file. City Clerk Duarte reported no correspondence was received. City Manager Livas provided a brief background regarding the development process related to the budget in accordance with Council’s priorities and goals previously set in January, 2019. Director Gandhy presented the staff report for the Fiscal Year 2019-2020 proposed budget. He provided a summary of the various budget meetings between Department Heads and Executive Staff, review by the City Council’s Budget Subcommittee, and provisions from the Budget Workshop on June City Council Minutes Regular Meeting – June 25, 2019 3 4, 2019. He stated for the previous six years the City has had a balanced budget. He presented the budget summary of all funds to be a total of $261,293,402, which includes the cost of personnel, operations, materials, supplies, capital equipment, capital improvements projects, and transfers to other funds. He explained $137 million is budgeted for Public Works. The proposed General Fund portion of the budget is $99,927.579, based upon estimated General Fund revenues of $93,932,898. The General Fund summary shows $36,013,447, in the reserve fund of which $6 million will be transferred to the Measure “S” fund leaving an ending reserve fund of $30,018,766. The property tax, sales tax, and Utility Users Tax (UUT) combined are 67% of the City’s revenue. The General Fund revenue is projected to increase by $4.3 million in the next fiscal year. Director Gandhy provided a breakdown of the General Fund expenditures as follows: Fire and Police 60%, Public Works 7%, Parks and Recreation 10%, Community Development 6%, transfers out 7% and General Government 10%. He mentioned a $3.8 million increase in expenditures of which the $2.6 million increase is strictly for CalPERS pension costs. Director Gandhy reported $10.2 million is from the Measure S Sales Tax Revenue. He explained the distribution in the categories of public safety operations and capital and public safety equipment. He concluded by stating the City continues to maintain its goal in allocating 35% in the reserve funds based on the City Council’s priorities. Mayor Rodriguez opened this item for public comment at 7:07 p.m. Armando Herman, resident, commented regarding infrastructure, public safety equipment, resources, affordable housing, and taxes. Having no one else come forward, Mayor Rodriguez closed public comment at 7:12 p.m. Council Member Saab thanked Director Gandhy, Assistant City Manager Oskoui, and City Manager Livas for preparing the robust budget. He commended staff for their restraint by not adding unnecessary requests or positions and ensured the funding be directed to street and park improvements. It was moved by Council Member Saab, seconded by Council Member Frometa and carried unanimously to adopt Resolution No. 19-7885, a Resolution of the City Council of the City of Downey adopting the Fiscal Year 2019-20 Budget and the Annual Appropriations Limit. 2. RESOLUTION ADOPTING 2019-20 USER FEES: Finance. 1) ADOPTED RESOLUTION NO. 19-7886, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJUSTING THE CITY’S UNIFORM SCHEDULE OF FEES; AND, 2) APPROVED AUTOMATIC ANNUAL ADJUSTMENTS TO USER FEES THAT DO NOT CURRENTLY ACHIEVE FULL COST RECOVERY BASED ON THE CONSUMER PRICE INDEX (CPI) FOR THE LOS ANGELES – ORANGE-RIVERSIDE METROPOLITAN STATISTICAL AREA. Mayor Rodriguez opened the Public Hearing at 7:14 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Council Member Frometa, and so ordered by the Mayor to receive and file. City Clerk Duarte reported no correspondence was received. Director Gandhy presented the staff report. He provided a brief history regarding the User Fee Study conducted in 2016. He stated this the first time in the City’s history that the Automatic Annual City Council Minutes Regular Meeting – June 25, 2019 4 Adjustments to User Fees is presented to Council aside from Consumer Price Index adjustments to recover costs for specific services rendered. Council Member Saab inquired if staff expects to return with the item annually. Director Gandhy advised that only minor Consumer Price Index adjustments are expected to be made in the upcoming years. Council Member Saab requested staff research the possibility of providing a discount to Veterans at the Rio Hondo Golf Club. Discussion ensued regarding the special event fees imposed on non-profit organizations and the probability of not imposing a fee for special events. Council Member Ashton requested confirmation whether or not the special event fee is a new charge or a current charge now being itemized separately from an all-inclusive bulk fee. Chief Gillaspie confirmed the special event fee is not a new fee and stated the change is now the fee will be itemized rather than bundled in one larger fee. Mayor Rodriguez opened this item for public comment at 7:24 p.m. Armando Herman, resident, commented in opposition to the 2019-20 User Fees. Having no one else come forward, Mayor Rodriguez closed public comment at 7:30 p.m. It was moved by Council Member Saab, seconded by Council Member Frometa and carried unanimously to adopt Resolution No. 19-7886, a Resolution of the City Council of the City of Downey adjusting the City’s Uniform Schedule of Fees; and, approving Automatic Annual Adjustments to User Fees that do not currently achieve full cost recovery based on the Consumer Price Index (CPI) for the Los Angeles – Orange – Riverside Metropolitan Statistical area. RECESS/RECONVENE Mayor Rodriguez recessed the City Council meeting at 7:32 p.m. Mayor Rodriguez reconvened the City Council meeting at 7:39 p.m. with all Council Members present. 3. LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2019-2020: Public Works. ADOPTED RESOLUTION NO. 19-7887, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2019-2020 Mayor Rodriguez 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 Council Member Ashton, and so ordered by the Mayor to receive and file. City Clerk Duarte reported no correspondence was received. Deputy Public Works Director Ed Norris provided the staff report. He presented a brief history of the Lighting and Landscaping Assessment District 121 and the Engineer’s Report. He stated pursuant to the Engineer’s Report the total cost of operating and maintaining the street lighting and landscaping in the District is $2,060,670. The cost will be offset by $656,780 from the general property taxes designated specifically for street light operations and maintenance; $1,100 in interest earned from reserves in the Street Lighting Fund; and, $1,308,967 from the direct assessments. City Council Minutes Regular Meeting – June 25, 2019 5 Council Member Saab inquired why the zones were deficient. Deputy Director Norris stated the deficiency is due to the rates being at the maximum level set by the voters for decades and unable to be increased. Mayor Rodriguez opened this item for public comment at 7:43 p.m. Armando Herman, resident, commented in opposition to the item. Having no one else come forward, Mayor Rodriguez closed public comment at 7:48 p.m. It was moved by Council Member Saab, seconded by Council Member Frometa and carried unanimously to adopt Resolution No. 19-7887, a Resolution of the City Council of the City of Downey confirming Lighting and Landscaping Assessment District 121 for Fiscal Year 2019-2020. 4. APPROVED AN OPERATING COVENANT AGREEMENT WITH CHAMPION AUTO GROUP, LLC (DBA: DOWNEY MASERATI); AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT: Community Development. ADOPTED RESOLUTION NO. 19-7888, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN OPERATING COVENANT AGREEMENT WITH CHAMPION AUTO GROUP, LLC, (DBA CHAMPION MASERATI) Mayor Rodriguez opened the Public Hearing at 7:49 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Mayor Pro Tem Pacheco, and so ordered by the Mayor to receive and file. City Clerk Duarte reported no correspondence was received. Director Schindler provided the staff report. He presented a brief history regarding the proposed Maserati dealership. He provided an overview of the components for the loan and sales tax sharing agreement including the job creation components. He stated the City hired a Financial and Real Estate Services Consultant to conduct a finance analysis of Champion Maserati’s past, current and future revenue and debt to determine the financial need. Council Member Saab asked where the proposed funding for the loan would be allocated from. Director Schindler stated the funding would come from the City’s General Fund and repaid from the additional sales tax generated by Champion Maserati. He commented regarding the City’s compliance with the State of California Assembly Bill 562 which requires local agencies to provide an Economic Development Strategy Job Retention Analysis. He concluded his presentation by reviewing the benefits the City will receive from the generated sales tax revenue upon approving staff’s recommendation to approve the Operating Covenant Agreement with Champion Auto Group, LLC. Council Member Ashton inquired if the agreement was similar to the Champion Dodge agreement. Director Schindler confirmed Champion Dodge received the same type of sales tax rebate in 2010 which was structured for a ten year period and was paid off in six years by Champion Dodge. City Manager Livas stated in examination of any deal the main objective is to provide income in order to support services in the City. In this particular case, the City is essentially utilizing Champion City Council Minutes Regular Meeting – June 25, 2019 6 Auto Group’s money to repay the loan. He commented regarding the success of other similar sales tax rebate agreements. Mayor Rodriguez opened this item for public comment at 7:59 p.m. Armando Herman, resident, commented in opposition to tax increases. Resident, no name provided, commented in support of tax incentive programs and welcomes Champion Maserati to the City of Downey. D. Anthony Felix, Jr., resident, commented regarding the projected revenues and public accountability. City Manager Livas responded the City consulted with has subject matter experts to ensure the industry projections are accurate. He stated at the current time the City is not receiving any revenue, and the fact that Champion Auto Group, LLC will be able to generate revenue. The agreement does include a sales benchmark safeguard prior to any pay out of funds from the sales tax rebate and requires collateral as a personal guarantee to ensure their obligations are met. The City reviews the reports quarterly to ensure compliance. Having no one else come forward, Mayor Rodriguez closed public comment at 8:14 p.m. Council Member Saab stated the agreement reflects that Downey is a business friendly city. Mayor Rodriguez thanked Director Schindler for the presentation. It was moved by Council Member Saab, seconded by Council Member Frometa and carried unanimously to adopt Resolution No. 19-7888, a Resolution of the City Council of the City of Downey approving an Operating Covenant Agreement with Champion Auto Group, LLC, (DBA Champion Maserati). NON-AGENDA PUBLIC COMMENT Mayor Rodriguez opened non-agenda public comment. Janet Lopez Escobar, resident, commented regarding the need for rent control and affordable housing. Michelle Fording, resident, commented regarding the proposed residential care facility at 12213 Gneiss Avenue; and, provided the City Council an update regarding her efforts to oppose the residential care facility. City Manager Livas responded and said Code Enforcement will inspect the property to ensure compliance, the Police Department will increase patrols in the area, and the City is taking action to influence change in Sacramento. He reported being in Sacramento last week to lobby against this particular bill and similar bills. D. Anthony Felix, Jr., resident, commented regarding compliance of Assembly Bill 1123; and, parking congestion, noise issue, and garbage near 8100 Bergman Lane due to the late night business. He requested parking permits for the residential streets surrounding the business. Armando Herman, resident, commented regarding Americans with Disability, affordable housing, homelessness, and political figures. City Council Minutes Regular Meeting – June 25, 2019 7 City Attorney Abich Garcia provided an explanation to the audience regarding First Amendment rights and explained why the City Council can only ask a speaker to refrain from using profanity during public comment. She stated the courts have ruled that members of the public are allowed to use profanity in a public meeting; and the member of the public can only be stopped if the use of profanity causes an actual disruption of the meeting and the unruliness causes the City Council meeting from moving forward. Other than that the member of the public can continue to use profanity even if there are children in the audience. While the use of profanity does not go unnoticed if the Mayor were to stop the speaker then the City would be subject to a Federal lawsuit consisting of tax payer’s dollars. Christopher Roland, resident, commented regarding continuous trash, parking congestion, noise violations, speeding on residential streets, loud music, and homelessness in the area of 8826 Manzanar Aveue, due to the surrounding businesses. Downey High School student, no name provided, commented regarding adult and adolescent mental health issues and public safety. City Manager Livas provided information regarding various organizations and programs that assist with mental health issues. Having no one else come forward, Mayor Rodriguez closed public comment. CONSENT CALENDAR Assistant to the City Manager De Rojas announced the following text changes to the Memorandum of Understanding (MOU) with Southeast Area Animal Control Authority for Item No. 13, name text change from ‘Mayor’s Choice’ to ‘Mayor/Commissioner Choice’; text changed for “Downey resident’ to ‘approved adopter’; and the words ‘proof of Downey residency and proof of military status’ were removed. She announced a revised version of the MOU was provided to each Council Member and copies were available for members of the public on the table in the back of the room. Council Member Frometa pulled Item No. 19 for separate discussion. Council Member Saab abstained from Item No. 9. Mayor Rodriguez abstained from Item Nos. 9, 12, and 17 due to the close proximity to his properties. Mayor Rodriguez asked if there was anyone present who would like to comment on Consent Calendar items. Aaron Harrington, Operations Officer, Cal Com Federal Credit Union commented regarding Item No. 15, and provided a summary of the history and value of the Cal Com Federal Credit Union branch located in City Hall. Armando Herman, resident, commented regarding Item Nos. 11, 12, and 14; Americans with Disabilities; freedom of speech; infrastructure; and, political figures. City Attorney Abich-Garcia announced the City has accomplished a vast number of Americans with Disabilities Act improvements. She recommended the public review the City’s Annual Report on the City’s website. She commended the Public Works Department for ensuring all Capital Improvement Projects include Americans with Disabilities improvements and stated the City is committed to ensure all facilities Citywide are in compliance. Having no one else come forward, Mayor Rodriguez closed public comment. City Council Minutes Regular Meeting – June 25, 2019 8 It was moved by Council Member Saab, seconded by Council Member Frometa and approved unanimously to approve the remainder of the Consent Calendar, with Council Member Frometa pulling Item No. 19 for separate discussion; Council Member Saab abstaining from Item No. 9; and, Mayor Rodriguez abstaining from Item Nos. 9, 12, and 17. 5. APPROVED MINUTES: Special Meeting Minutes of June 11, 2019; Regular Meeting Minutes of May 28, 2019, and June 11, 2019: City Clerk. 6. WARRANTS ISSUED: Warrant Nos. 334301 – 334658; Payroll Wire Nos. are 30003882, 30003884 and 30003886 – 30003888; and, Manual Wire Nos. 1859 – 1862, in the total amount of is $ 3,651,404.39: Finance. 7. AWARDED A CONSTRUCTION CONTRACT IN THE AMOUNT OF $342,710 TO SEQUEL CONTRACTORS, INC. FOR CIVIC CENTER DR. & 3RD ST. PAVEMENT REHABILITATION; APPROVED THE APPROPRIATION AMOUNT OF $36,094 IN MEASURE R LOCAL RETURN FUNDS IN ACCOUNT NO. 56-1-6697 TO COVER THE ESTIMATED TOTAL PROJECT COST SHORTFALL; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK DEEMED NECESSARY OR DESIRABLE UP TO THE APPROVED BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 14-13): Public Works. 8. APPROVED COOPERATIVE AGREEMENT WITH THE CITY OF SOUTH GATE FOR THE PROPOSED TRAFFIC SIGNAL UPGRADE AT THE PARAMOUNT BLVD. AND GARDENDALE ST. INTERSECTION; AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL FUTURE AMENDMENTS (CAPITAL IMPROVEMENT PROJECT NO. 17-09): Public Works. 9. AWARDED A CONSTRUCTION CONTRACT IN THE AMOUNT OF $313,425.87 TO ALL AMERICAN ASPHALT FOR THE FY 2018/19 SLURRY SEAL PROJECT, DISTRICT 3; APPROVED THE APPROPRIATION AMOUNT OF $75,000 IN SENATE BILL 1 FUNDS IN ACCOUNT NO. 32-1-6762 TO COVER THE ESTIMATED TOTAL PROJECT COST SHORTFALL; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK DEEMED NECESSARY OR DESIRABLE UP TO THE APPROVED BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 19-12): Public Works. 10. ACCEPTED WORK FOR THE FLORENCE AVE. BRIDGE OVER SAN GABRIEL RIVER MAINTENANCE AND REPAIR PROJECT; APPROVED FINAL CONSTRUCTION CONTRACT AMOUNT OF $132,791; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO FILE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 19- 19): Public Works. 11. AWARDED A CONSTRUCTION CONTRACT IN THE AMOUNT OF $4,735,000 TO TELACU CONSTRUCTION MANAGEMENT FOR THE CITY LIBRARY MODERNIZATION PROJECT; AND, AUTHORIZED THE ASSISTANT CITY MANAGER TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK FOR THIS PROJECT DEEMED NECESSARY OR DESIRABLE UP TO 10% OF THE CONSTRUCTION CONTRACT AMOUNT (CAPITAL IMPROVEMENT PROJECT NO. 19-20): Administration. 12. ACCEPTED THE COMPLETION OF THE ELECTRICAL IMPROVEMENTS FOR THE TEMPORARY FIRE STATION FACILITY PROJECT; APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $107,440; AND, AUTHORIZED THE NOTICE OF COMPLETION TO BE FILED (CAPITAL IMPROVEMENT PROJECT NO. 19-37A): Administration. City Council Minutes Regular Meeting – June 25, 2019 9 13. AUTHORIZED THE CITY MANAGER TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE SOUTHEAST AREA ANIMAL CONTROL AUTHORITY FOR THE “MAYOR’S CHOICE” PET ADOPTION PROGRAM; AND, APPROPRIATED $2,000 FROM THE GENERAL FUND TO SUPPORT THE PROGRAM: Administration. 14. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH DISABILITY ACCESS CONSULTANTS FOR PROFESSIONAL ON-CALL SERVICES ASSOCIATED WITH THE CITY'S ADA TRANSITION PLAN AND ADA EFFORTS: Administration. 15. APPROVED THE LEASE AGREEMENT BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES FEDERAL CREDIT UNION: Administration. 16. APPROVED AN AGREEMENT WITH COOPERATIVE ORGANIZATION FOR THE DEVELOPMENT OF EMPLOYEE SELECTION TO PROVIDE EMPLOYMENT PRE-TESTING MATERIALS FOR ASPIRE; AND, AUTHORIZED THE MAYOR AND THE DIRECTOR OF HUMAN RESOURCES TO EXECUTE THE AGREEMENT: Parks and Recreation. 17. AUTHORIZED THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY TO RECEIVE REIMBURSEMENT FOR COLLECTING AND REPORTING DATA FOR THE NATIONAL TRANSIT DATABASE FOR REPORT YEAR 2016: Parks and Recreation. 18. APPROVED THE ANNUAL DOWNEY CHAMBER OF COMMERCE PROFESSIONAL SERVICES AGREEMENT FOR FISCAL YEAR 2019-20: Community Development. 20. APPROVED THE FIRST AMENDMENT TO THE PURCHASE AND SALE AGREEMENT WITH DOWNEY HOSPITALITY, LLC; AUTHORIZED THE CITY MANAGER TO EXECUTE THE FINAL AGREEMENT AND ANY OTHER DOCUMENTS NECESSARY TO COMPLETE THE SALE TRANSACTION: Community Development. ADOPTED RESOLUTION NO. 19-7889, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FIRST AMENDMENT TO THE PURCHASE AND SALE AGREEMENT BETWEEN DOWNEY HOSPITALITY, LLC AND THE CITY OF DOWNEY FOR PROPERTY LOCATED AT 9066 FIRESTONE BOULEVARD. 21. ADOPTED RESOLUTION NO. 19-7890, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY MODIFYING THE FINE SCHEDULE FOR PARKING VIOLATIONS BY ADDING A FINE FOR APP-BASED RIDESHARE PARKING VIOLATIONS: Police. 22. ADOPTED ORDINANCE NO. 19-1412, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING A CHAPTER 12 TO ARTICLE IV OF THE DOWNEY MUNICIPAL CODE PROHIBITING THE FEEDING OF WILDLIFE: Administration. OTHER BUSINESS 19. APPROVED A PROFESSIONAL SERVICES AGREEMENT TO DESIGN, FABRICATE AND INSTALL PUBLIC ART ON DOWNEY AVE. WITH J.K. DESIGNS, INC. (DBA: THE NATIONAL SCULPTOR’S GUILD); AND, AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS: Community Development. Council Member Frometa said she requested the item be pulled to inform the community about the selection process and asked if the art pieces recommended in the staff report were the only items submitted. City Council Minutes Regular Meeting – June 25, 2019 10 Council Member Saab confirmed that several pieces were submitted for review and reminded the audience that art is quite subjective. City Manager Livas provided a brief report regarding the Art in Public Places Subcommittee’s selection process, how they worked with local artists, and the decision to hire a Professional Art Consultant to assist in identifying appropriate pieces for the City. Council Member Saab stated the goal was to afford an opportunity for local artists to submit professional pieces in material that would endure the elements over time. He explained the reasons for their selections and the various locations identified to install the pieces. City Manager Livas stated the art pieces could not be extremely conservative or edgy since they would be in a public location on Downey Avenue. Mayor Rodriguez commented regarding the two year selection period of working diligently with local artists to submit their art pieces and the obstacles that were encountered throughout the process. Mayor Rodriguez asked if there was anyone present who would like to comment on this item. Armando Herman, resident, commented regarding the value of public art, length of selection time, and public input. Having no one else come forward, Mayor Rodriguez closed public comment. It was moved by Council Member Saab, seconded by Council Member Frometa and approved unanimously to approve a Professional Services Agreement to Design, Fabricate and Install Public Art on Downey Avenue with J.K. Designs, Inc. (dba: The National Sculptor’s Guild); and, authorize the City Manager to execute any and all amendments. ADMINISTRATIVE REPORT Mayor Rodriguez took this item out of order. 24. 2019 INNOVATION TECHNOLOGY TEAM PROPOSALS: Administration. 1) AUTHORIZED THE CITY MANAGER TO APPROVE THE PURCHASE AND INSTALLATION OF COMPUTER HARDWARE AND SOFTWARE UP TO $44,343 TO UPGRADE THE FIRE DEPARTMENT’S RECORDS MANAGEMENT SYSTEM TO CURRENT STANDARDS AND ENHANCE THE EFFICIENCY OF THE DEPARTMENT; AND, 2) AUTHORIZED THE CITY MANAGER TO APPROVE PURCHASE AND INSTALLATION OF TYLER OUTPUT PROCESSOR SOFTWARE UP TO $28,660 TO PROVIDE AUTOMATED DELIVERY OF FINANCIAL DOCUMENTS SUCH AS EMPLOYEE PAY STUBS AND W-2’S; AND, 3) AUTHORIZED THE CITY MANAGER TO PURCHASE AN ONLINE SUBSCRIPTION FOR CANVA AND PIKTOCHART FOR MULTIMEDIA UP TO $4,122. City Manager Livas provided a brief history regarding the formation and goals of the Innovation and Technology Team. He introduced the 2019 Innovation and Technology Team Members to present the reports. Fire Captain Hildebran presented the staff report regarding an upgrade to the Fire Department’s records management system. He provided a brief history of the Fire Department’s current outdated and City Council Minutes Regular Meeting – June 25, 2019 11 unsupported records management system which requires immense amounts of staff time for interaction. The current system requires printed records to be taken to the inspection sites then manually input and update data back into the system. He reported the recommended computer hardware and software will allow for on-site digital updates providing an increased efficiency in required processes and providing a cost savings through the reduction of staff time. Council Member Saab inquired about the estimated reduction in staff time. Fire Captain Hildebran estimated the reduction to be approximately 50 percent of staff time. Council Member Frometa asked if other agencies use the recommended software. Fire Captain Hildebran confirmed the recommended software is utilized by approximately 578 agencies nationwide. He stated the recommended software is essentially an upgrade to the current system and compatible with the other WIN6 software currently being used by the Fire Department. Management Analyst Rodriguez presented the staff report regarding approval of Tyler output processor software and provided the current day-to-day manual process pertaining to W-2’s. He stated the new system would work in conjunction with the current Payroll and Finance systems, allowing for electronic correspondence, and decrease staff time on manual processes, reduce paper consumption, and provide a more efficient service to the public. Mayor Rodriguez asked about the security measures of the system. Management Analyst Rodriguez stated the new system requires passwords to gain access to the documents and the password is periodically required to be changed. He confirmed the team did receive Information Technology Department’s input during the process. Council Member Ashton asked if there would be any cost savings with the purchase of the software. Management Analyst Rodriguez explained the current process of distributing the information to employees, residents and businesses is a manual process which includes folding documents, stuffing envelopes, and stamping postage for mailing. He stated the new system would allow the documents to be transmitted electronically saving a minimum of 50 percent of staff time, paper and postage. Human Resources Manager Vera presented the staff report regarding the purchase of an online subscription for Canva and Piktochart for Multimedia. She reported that there is a vast amount of variations amongst departments when creating information for their projects and not a single individual identified with a background in graphic design. She stated the lack of uniform results in extra staff time to develop a design or layout for materials to be presented. She provided the team’s recommendation to create templates geared towards social media and design layouts; and, to ensure consistency on City marketing materials and presentations. Council Member Frometa thanked Human Resources Manager Vera for her presentation. City Manager Livas explained that currently a few select staff members have the knowledge to use Publisher which has caused the staff members to be overburdened with assignments from various departments. If the new subscriptions are approved the City can maintain consistency with branding and share across the organization. Mayor Rodriguez asked if there was anyone present who would like to comment on Consent Calendar items. City Council Minutes Regular Meeting – June 25, 2019 12 Mr. Faraz, resident, commented regarding the importance cyber security and in support of new technology. Armando Herman, resident, commented in support of Presentation No. 1 and 2; and, in opposition of Presentation No. 3. Having no one else come forward, Mayor Rodriguez closed public comment. It was moved by Council Member Saab, seconded by Council Member Frometa and approved unanimously to authorize the City Manager to approve the purchase and installation of computer hardware and software up to $44,343 to upgrade the Fire Department’s records management system to current standards and enhance the efficiency of the department; authorize the City Manager to approve purchase and installation of Tyler Output Processor Software up to $28,660 to provide automated delivery of financial documents such as employee pay stubs and W-2’s; and, authorize the City Manager to purchase an online subscription for Canva and Piktochart for multimedia up to $4,122. 23. REVIEW OF FINES PERTAINING TO THE POSSESSION AND/OR USE OF ILLEGAL FIREWORKS: Police. City Manager Livas stated this item was previously requested by Council Member Ashton, to review increasing fines pertaining to the possession and/or use of illegal fireworks. Chief of Police Milligan presented the staff report and provided a brief history regarding the implementation of fines for the possession and/or use of illegal fireworks. He mentioned State Legislation SB 839 authorized local governments to prohibit possession of dangerous fireworks under local municipal code; however, it prohibits criminal prosecution when Administrative Fines are implemented. He reviewed the City’s current fine schedule related to fireworks, other local municipality fines, imposing and collection of Administrative Fines for the previous years; and, the Appeal and Hearing process. Council Member Saab inquired as to who conducts the hearing and the location of the hearings. Chief of Police Milligan stated the City contracts with DataTicket for the hearings which are conducted within the City of Downey. Council Member Frometa mentioned that the fines imposed were approximately 45 percent less than the fees collected and doubted an increase in fines would increase the collection rate without the criminal enforcement element. Mayor Rodriguez commented regarding proposing a Measure on the ballot to ban all fireworks within the City. Mayor Pro Tem Pacheco inquired about the decrease in citations from 2017 to 2018. Chief Milligan attributed the decrease was due to the major fire at the convalescent center where all the Fire and Police Personnel were required to assist in the evacuation of the residents. Mayor Rodriguez inquired what started the fire at the convalescent home. Chief Gillespie confirmed fireworks caused the fire in a palm tree in an adjacent lot to the convalescent home. Discussion ensued by the City Council regarding possibly increasing the fines, additional outreach to encourage residents to report illegal fireworks; ban of all fireworks; and, the enforcement of fines for minors. City Council Minutes Regular Meeting – June 25, 2019 13 City Manager Livas commented regarding the difficulties the Police Department has with enforcement of illegal fireworks when there are legal fireworks being discharged. He mentioned that the non-profits within the City rely on the sales from the Safe and Sane fireworks; and, the cost incurred by the City for the Police and Fire Departments additional patrols vastly outweighs the revenue the non- profits generate. He suggested a discussion to create some competitive grants or in-kind services to the City rather than the non-profits relying on the income derived from the fireworks sales. He recommended staff return with some alternatives for the City Council to discuss. Mayor Rodriguez requested staff return to the City Council with information about a Ballot Measure to ban all fireworks in the City. Council Member Ashton inquired if it is possible to have the Ballot Measure on the March, 2020 election. City Attorney Abich-Garcia stated the issue would require research and staff would need to return to the City Council with an item. City Manager Livas confirmed the request was for staff to research possible dates for an election, related costs for a Ballot Measure Election, and language for the Ballot Measure. City Attorney Abich-Garcia stated staff would also need to return with an ordinance and an plan for the non-profits to generate funding. Mayor Rodriguez asked if there was anyone present who would like to comment on this item. Mr. Faraz, resident, commented regarding support of Safe and Sane fireworks and placing a Ballot Measure before the voters to decide banning Safe and Sane fireworks. Brian Heyman, resident, commented in support of a Ballot Measure to oppose all fireworks. Armando Herman, resident, commented regarding illegal fireworks, fires resulting from fireworks, and public safety. Having no one else come forward, Mayor Rodriguez closed public comment. City Attorney Abich-Garcia confirmed no motion was required due to direction provided to staff by the City Council. STAFF MEMBER COMMENTS: None. ADJOURNMENT Mayor Rodriguez adjourned the Regular City Council meeting at 10:30 p.m. in memory of Los Angeles County Sheriff Deputy Jose Solano. MARIA ALICIA DUARTE, CMC RICK RODRIGUEZ City Clerk Mayor