notice - City of Compton
Transcription
notice - City of Compton
NOTICE COMPTON CITY COUNCIL AGENDA Tuesday, September 15, 2015 3:30 PM OPENING MOMENT OF SILENCE ROLL CALL INTRODUCTION OF SPECIAL GUESTS PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS CONSENT AGENDA Consent items are routine and expected to be non-controversial. They will be acted upon by the Council at one time without discussion unless a Council Member requests an item be removed or discussed. APPROVAL OF MINUTES 1. JULY 21, 2015 JULY 28, 2015 SEPTEMBER 1, 2015 REPORTS OF OFFICERS AND COMMISSIONS CITY MANAGER/CITY ATTORNEY/CITY TREASURER REPORTS 2. INVESTMENT REPORT - July 31, 2015 (Receive/File) END CONSENT AGENDA REGULAR AGENDA REPORTS OF OFFICERS, BOARDS, COMMISSIONS AND COMMITTEES AND CITY COUNCIL -2- City Council Agenda Tuesday, September 15, 2015 CITY MANAGER'S REPORT 3. ORAL REPORT - CRIME STATISTICS - Captain Myron Johnson, Los Angeles County Sheriff's Department CITY ATTORNEY'S REPORTS CLOSED SESSION 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION BRYANT V. CITY OF COMPTON, WCAB CASE NOS. ADJ 6988481, AJD 6988456, ADJ 6988475 Pursuant to California Government Code Section 54956.9(a) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Two (2) Potential Cases Pursuant to California Government Code Section 54956.9(b) PUBLIC EMPLOYMENT Title: City Manager Pursuant to California Government Code Section 54957 UNFINISHED BUSINESS 5. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING CHAPTER II OF THE COMPTON MUNICIPAL CODE TO DELETE SECTION 2-28 (HOUSING DEVELOPMENT COMMISSION) IN ITS ENTIRETY (Second Reading) 6. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING CHAPTER II OF THE COMPTON MUNICIPAL CODE TO DELETE SECTION 2-21 (GAMING COMMISSION) IN ITS ENTIRETY (Second Reading) NEW BUSINESS 7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON NAMING THE GYMNASIUM AT LUEDERS PARK COMMUNITY CENTER TO THE "DEMAR DEROZAN GYMNASIUM" 8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO THE JANKOVICH COMPANY TO PROVIDE DIESEL FUEL AND PETROLEUM PRODUCTS FOR THE FIRE DEPARTMENT'S EMERGENCY VEHICLES ($105,000.00) -3- City Council Agenda Tuesday, September 15, 2015 9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO THE CITY OF INGLEWOOD FOR DATA PROCESSING SERVICES RELATING TO THE PARKING CITATION PROGRAM ($75,000) 10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES RELATING TO COLLECTION OF FINES ON PARKING CITATIONS ($400,000) 11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH K. R. BAILEY CONSULTANT TO PROVIDE ASSISTANCE IN RE-ESTABLISHING THE "COMPTON CRIME TASKFORCE" ($36,000) APPROVAL OF WARRANTS COUNCIL COMMENTS ADJOURNMENT NEXT REGULAR MEETING: Tuesday, September 22, 2015 @ 5:45 PM. Visit our website at http://www.comptoncity.org View Meetings Live at mms://livemedia.comptoncity.org:8080 JULY 21, 2015 The City Council meeting was called to order at 3:44 p.m. in the Council Chambers of City Hall by Mayor Aja Brown. The Pledge of Allegiance was led to by Mayor Aja Brown. The invocation was offered by Pastor Whitfield of New True Faith Church. ROLL CALL Council Members Present: Council Members Absent: Zurita, Galvan, Arceneaux, Sharif, Brown None Other Officials Present: C. Cornwell, A. Godwin, J. Ford SPECIAL RECOGNITION CEREMONY - Parks & Recreation Department Councilperson Galvan donated $1,000 to the Compton Parks & Recreation Summer GREAT youth program. PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS Robert Ray, Compton resident, spoke in opposition to any proposed changes or additions to the Compton City Charter, further advising the City Council to vote no on Items 5 through 11. He indicated that giving the Mayor full authority to hire/fire the city manager is inconceivable and that Compton has always operated as a democracy. He challenged the idea of another sales tax measure and argued that the language is ambiguously similar to that of Measure I. Roberto Carrillo, Compton resident and block club commissioner, complained about the food vendors operating on the corner of 1801 North Stoneacre Street. He asked that code enforcement work diligently to cite and remove those vendors as they are making the area dirty and unsafe for nearby residents and incoming traffic. He also asked that code enforcement remove the advertisements from the Southern California Edison light poles. Councilperson Galvan directed the City Manager to address the illegal advertisements posted on light poles in unincorporated areas of Los Angeles. Barbara Calhoun, Compton resident, spoke in opposition to Items No. 7 through 11. She maintained that the City Charter was enacted so that one person would not have the power to dictate to others. She further warned the members of the City Council against supporting people with intentions to implement their own rules. Colleen Davis, Compton resident, declared that the citizens of Compton are tired of the expensive revolving door of city managers. She also stated that they are tired of elected officials massaging their own egos and having expensive temper tantrums in response to a city manager not willing to bow down to satisfy their every whim. She asked that the City Council wait until after they have terminated the current city manager’s contract before hiring any prospect of a city manager as a consultant. She demanded that self-serving measures on the agenda be denied and proclaimed that the citizens deserve to have advanced notice on issues related to amendments to the City Charter. Patricia Simpson, Compton resident, spoke in opposition to Mayor Brown's recommendation to become the City’s first full-time mayor. She went on to make comments in regards to voter fraud, Emma Sharif's election to the school board, and the City Attorney's response to illicit behavior by elected officials. Mayor Brown informed Ms. Simpson that she is proposing a salary reduction and that there is no proposition for a full-time mayor, part-time mayor, or full-time council member. Lisa Portel, real estate professional speaker and author, petitioned the City Council to partner with her as she attempts to introduce her real estate terms and concepts book to the Compton Unified School District and local non-profit organizations. Thomas Lofton, Compton resident, invited the youth to participate in his "Youth Entrepreneurship Program" created with the idea in mind to teach the youth how to create jobs to build wealth and hire locally. He also asked that the City designate a facility solely for the purposes of supporting local entrepreneurs. Jonathan Taylor, Compton resident, encouraged the City Council to be diligent in their decision-making processes when determining the highest and best use for 600 North Alameda. He went on to state that National Association for Equal Justice in America (NAEJA) meetings are held there which have been instrumental in reducing the annual homicide rate. Additionally, he stated that members of the community and various law enforcement agencies congregate there to discuss and collaborate on those activities that contribute to the betterment of the City of Compton. Floyd Smith, Compton resident, presented the City Council with five letters for review concerning an undisclosed matter. Keisha Woods, Compton resident, advised the Mayor and City Council to take the citizen’s comments regarding the City Charter seriously. Ms. Woods also stated that the senior citizens are the backbone of the community so therefore their concerns regarding potential amendments to the City Charter and sales tax measures should be validated. Mayor Brown informed Ms. Woods that the items on the agenda will decide whether or not items will be placed on the ballot. Pastor Whitfield, New Truth Faith Church, encouraged the elected officials and community members to work together to bring about a positive change in the City of Compton. Craig Walker, Investment banker and Vice President of IFS Securities, reported that on last Friday, a $36 billion dollar fund analyst visited the City of Compton to observe and review the City's economic development projects listing in each District. Subsequent to his findings, the analyst stated that he is looking forward to growing his partnership with the City as it grows. Lastly, Mr. Walker cited the importance of cities building relationships with other municipalities and their administrative professionals. Elder Flowers, spoke in opposition to any proposed amendments to the City Charter. He also asked that the City Council be diligent in their decision making process by acknowledging the concerns and rights of the citizens. Willie McReynolds, Compton resident, spoke in opposition to the proposed amendments to the City Charter. He contended that it is unethical for one person to be allowed to hire or fire any city employee and that it paves the way for a dictatorship-like environment. He also spoke in opposition to the proposed one cent sales tax measure and advised this administration to learn how to budget and fund projects with senior citizens in mind. Val Dudley, Compton resident, encouraged the members of the City Council to work together and vote against any resolution that would give Mayor Brown full authority to hire and fire the city manager. Atra Gwen, Compton resident, complained about the lack of adequate parking on 155th Street between Nestor and Central Avenue, due to an absence of signage. Mayor Brown referred Ms. Gwen to the Assistant City Manager. Kim Delay-Manning, Compton resident, petitioned the members of the City Council to vote no on Items 5 through 11 articulating concerns for a lack of transparency and an absence of consideration on behalf of the citizens of Compton. Eunice Obie, Compton resident, reported that there are cars being sold on Compton Boulevard and Holly Street. She also stated that during a call to the City Manager's Office to report these actions she heard a comment in the background that unnerved her. She indicated that as a concerned resident of the City of Compton she should not be faced with opposition when reporting issues negatively impacting the community. She went on thank the Fire Department for saving her son's life after he was shot ten times on one side of his body. Greg Pitts, president of the Willow Walk Home Owners Association and 2nd District commissioner, articulated his support for the one-cent sales tax initiative and the opportunity for the City to generate a revenue stream dedicated solely towards the purpose of repairing and improving the City's streets and service levels. Bishop Guillory, Compton resident, advised certain residents coming up to the podium each week to speak to consider the genuine concerns of the citizens when they complain about the City's streets, law enforcement, and quality of services. Maria Villa Real, Compton resident, expressed a concern for the level of unity in the business community. She also stated that the City Charter simply needs to be exercised, and not amended. She advised the members of the City Council to work together in order to accomplish significant goals that benefit the youth and business community. She also cited a narrow focus and overall lack of respect for audience members from many members of the City Council. Herbert Arceneaux, Compton resident, stated that he is tired of seeing only one elected official in the spotlight when the City of Compton is recognized for its positive virtues. He also asked that the City Attorney address why he would allow someone to post items on the agenda that are in violation of the City Charter. Lastly, he spoke in opposition to the one-cent sales tax initiative citing concerns for increased property taxes. Mayor Brown assured Mr. Arceneaux that the one-cent sales tax will not raise property taxes. Hazel Herbert, Compton resident, petitioned the City Council to address the illegal dumping in front of 811 South Long Beach Boulevard. She also inquired about the completion of the residential development at Alondra and Long Beach Boulevard, citing it unsafe for residents to walk on the sidewalk. Councilperson Sharif asked the City Manager to update her as well, as to the status of the residential development. Michael Turner, Compton resident, apologized to the City Council and City Attorney for misleading them and the members of the public during last week's City Council meeting. He went on to accuse the judge of making his decision regarding Mr. James’ court case prior to receiving any testimony on July 8, 2015. Juanita Simmons, Compton resident, voiced a concern for the lack of respect shown to the members of the senior citizen community that have educated and prepared the current administration for public office. Joyce Kelly, Compton resident, read a portion of the Ralph M. Brown Act and stated that it was enacted so that the public could talk to, address, and redress their elected officials. She further stated that it was improper for Mayor Brown to put the audience on notice for disruptive behavior prior to anything happening in the council chambers. She went on to state that she has never, in ten years, seen any disruptive behavior in the council chambers; and that the elected officials should remember that the citizens are their bosses. Dr. Wilkins, former Compton resident, maintained that he loves Compton, Centennial High School, and the senior citizen community because they will stand up and fight for what they believe in. He went on to compare the members of the City Council with the 'crabs in a bucket’ theory citing that they lack comradery. And finally, he alleged that the City Attorney is making it possible for the Ku Klux Klan to flourish in America by assisting in the process of taking old people's homes. Lynn Boone, Compton resident, presented a copy of the Compton City Charter to the audience and professed that the majority of the council members were oblivious to the fact that Items 5 through 11 will amend the City Charter. She referenced Compton Municipal Code Section 2.8 and accused Mayor Brown of telling the City Manager to put those items on the agenda. Furthermore, Ms. Boone declared that those items are in violation of the City Charter and accused Mayor Brown of wanting to dictate the operations of the City. Lestean Johnson, Vice President of the Concerned Citizens of Compton Committee speaking on behalf of Marie Hollis, stated that she was in attendance during a public meeting held last Saturday at Burrell McDonald Park wherein several City Charter amendments were introduced (Items 5 through 11). She went on to petition the members of the City Council to vote no on Items 5 through 11 until townhall meetings and public hearings are held to ensure that the citizens’ voices and concerns are heard by their elected representatives. Mayor Brown assured the members of the community that the City will notify them about Council directives in the event items on the agenda are approved. CONSENT AGENDA On motion by Zurita, seconded by Arceneaux, the Consent Agenda was approved, by the following vote on roll call: AYES: Council Members - Zurita, Galvan, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - None APPROVAL OF MINUTES 1. July 7, 2015 (Approved) END CONSENT AGENDA REGULAR AGENDA CITY MANAGER’S REPORT 2. MUNICIPAL INFRASTRUCTURE FISCAL NEEDS - PRESENTATION City Manager Ford presented an update on the City of Compton's financial standing for the 2015-2016 fiscal year. Where We Are? • • • • • • City of Compton has a balanced budget for 2015-2016 The budget addresses all the City's bond obligations Addresses the City new General Fund Reserve Policy Includes new contracts for all unions Includes the City's repayment plan for internal borrowing ($2.5M set aside to reduce the $36M budget deficit) Addresses a few residential street improvements What is needed for our community? • • • • • We presently have levels of service that is not addressing the community needs. Our streets have not been maintained to an acceptable industry standard for the community. Fire Department has emerging infrastructure needs to improve their response time. Parks & Recreation facilities are not meeting the needs of the youth and community. Enhance job training and programs for job development What is Next? • • • We are in need of additional funding to address community needs. We are at a point where it is time to address the funding to meet community needs. Our acceptable service levels need to rise to better serve the community. PUBLIC WORKS/STREET DEPARTMENT Glen Kau, Public Works, presented a PowerPoint presentation on the City of Compton's infrastructure fiscal needs assessment and street improvement plan from the perspective of the Public Works Department. Street Improvement Plan Funding Sources Funding sources for Street Maintenance and Rehabilitation efforts are: • Proposition C • Proposition A • Gas Tax • Measure R *Approximately $2M annually City-wide Pavement Condition Approximately 173 centerline miles, 427 lane miles. Residential streets one lane in each direction; arterials streets multiple lanes in each direction. City-wide Pavement Management Study (PMS) reviewed and classified street pavement conditions. Most City streets need some form of rehabilitation. Pavement Rehabilitation Costs Estimated cost to repair all arterials is: $47,400,900 Estimated cost to repair all local streets is: $63,940,000 Estimated combined total is: $111,340,900 With available funding of $2M annually, 60+ years to complete This assumes no further deterioration. The longer it takes to repair roads, the more it costs to repair. Pavement Rehabilitation Costs CDBG #13-01 Street Rehabilitation - construction plans & specifications have been prepared with estimated costs of $3.8M. Central Avenue Rehabilitation - construction plans & specifications are being prepared with estimated costs of $2.6M. Arterial Wilmington Compton Rosecrans Central Long Beach Est. Costs/mile ($) $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 Length (mi) 3.52273 3.52273 3.86364 3.29545 2.15909 Est. Costs ($) $ 3,522,727.27 $ 3,522,727.27 $ 3,863,636.36 $ 3,295,454.55 $ 2,159,090.91 $ 16,363,636.36 Councilperson Arceneaux asked that staff address the status and contract entered into to repave Aprilia Street. Mr. Kau indicated that the contractor grounded down Aprilia Street to a level surface to prepare it for the laying of asphalt. Mayor Brown asked that staff address how the increase in steel and fuel has impacted street construction costs. Mr. Kau answered that the costs have never reduced in his twenty plus years in the industry, however it has been known to slow in its level in increasing. Mayor Brown asked Mr. Kau if a sunset exists on the annual allocation the City receives from various funding sources. Mr. Kau indicated that the annual allocation from Propositions A & C, Measure R, and Gas taxes does not sunset as long as taxes are being collected. City Manager Ford also noted that City staff is aggressively seeking additional grants; the City received a $996,000 grant for Wilmington Avenue and the state of California just approved as part of their budget $650,000 to pave Wilmington Avenue, and a week ago staff received confirmation that they received a grant for $1.1M from Metro for Central Avenue. Councilperson Sharif asked the City Manager to address and identify the projects that will use $4.6M from prior year's unused balances and $6.3M from current year's unused balances respectively. City Manager Ford indicated that $2.6M is being allocated to the Central Avenue project, $650,000 for Wilmington Avenue, and $1.5M to pave local residential streets. Councilperson Sharif asked the City Manager if the local residential streets have been identified. City Manager Ford stated that he would be meeting with the councilmembers to discuss which streets from the pavement management study will be repaved. Mayor Brown requested the number of miles that can be overlaid with $1.5M. City Manager Ford stated that approximately $1.1M is needed to overlay one mile (approximately ten blocks). Councilperson Arceneaux asked the City Manager if the City has completed some of its water and sewer infrastructure projects which would have addressed the reparation of some of the City's streets. Mr. Kau explained that the language and covenant defines the use of the water and sewer bonds, indicating that when sewer projects commence, staff is allowed to repair the pavement immediately above the sewer work performed. Councilperson Zurita voiced a concern for the lack of checks and balances in the management of the City's finances; and further suggested the implementation of policies and procedures to ensure that it does not happen again. Councilperson Zurita went on to ask the City Manager if the pavement management plan is complete. City Manager Ford replied affirmatively, noting that staff has requested additional infrastructure work such as addressing lighting, blind spots and missing street signs. Councilperson Zurita requested an audit on any unused bond money. City Attorney Cornwell stated that policies regarding bond monies will be brought back next week. Mayor Brown requested the percentage of sewers in Compton that have been addressed. Mr. Kau stated that a small percentage of sewers were addressed. FIRE DEPARTMENT FACILITY & EQUIPMENT NEEDS Bryan Batiste, Interim Fire Chief, Fire Department, presented a PowerPoint presentation on the City of Compton's infrastructure fiscal needs from the perspective of the Fire Department. The Compton Fire Department provides fire protection and emergency medical services for 10 square miles with 4 fire stations. There are 1 Battalion chief, 4 engine companies, 1 truck companies, 3 paramedic Squads and 2 emergency medical tech units housed at these 4 facilities. FIRE STATION 1, "Headquarters" 201 South Acacia, Built in 1958 Houses Fire Administration 9 personal- 40 hour work week Fire Suppression Personnel 1 Battalion Chief, 1 Engine Co. 3-4 4 2 Emergency Medical Techs 4 Total Staff Living at Station 9 Unmet Needs Redesign gentlemen’s restroom utilizing “weight room” Replace all windows with a double pane energy efficient windows throughout station A/C system vents and air ducts need cleaning and/or replacement, dining area needs additional vents for proper cooling and heating Installation of new ceiling fans in special areas for ventilation and energy conservation Racket ball/Hand ball/ basketball court needs clean up from smoke fire damage, paint, floor repair. Built a physical fitness room next/south of the Racquetball court Driveway entrance resurface to correct water flow and prevent flood like conditions after rain Parking area resurface whole area Build carport to prevent weather damage to vehicles Front and back stairs need better lighting for safe access to prevent fall hazard Re-paint upstairs quarters to repair smoke damage from fire Install entrance security camera system Earthquake Retro fit to California State standards for public buildings $100,000 FIRE STATION 2 1320 E. Palmer Built in 1962 Fire Suppression Personnel 1 Engine Co. 3-4 3 1 Paramedic Squad 2 Total Staff Living at Station 5 Unmet Needs A/C System need cleaning and/or replacement Area next to day room need to be enclosed to make it into physical fitness room Dormitory need to be extended onto bay roof area to build individual bedrooms and female bathroom for employee privacy Upstairs windows need to be replace with energy efficient double pane windows Parking area needs resurface Day room need to be expanded onto dining kitchen area Build carport Station was built for a single engine company. Nowadays houses an engine and a paramedic squad Install entrance security camera system Earthquake Retro fit to California State standards for public buildings. $800,000 FIRE STATION 3 1133 West Rosecrans Ave. Built in 1985 1- Truck Co. 4 1- Engine Co. 3 1- Paramedic Squad 2 Total Staff Living at Station 5 UnMet Needs Expand station property line to the north/rear 100 feet Expand station in front/southeast side all the way to side walk. Build an extension to the west side of station as a third bay for ambulance parking Build an enclosed steel building for parking of reserve apparatus and equipment Current training tower not up to code showing signs of damage due to excessive exposure to water and fire needs to be demolished. Build a new training tower metal base similar to MSAC college fire academy’s tower for personnel training and the upcoming James Shern Academy Repair and resurface whole parking lot area. Replace alarm/notification system with a newer version for employee well-being and healthy decibel levels Create a physical fitness room in garage area A/C system vents and air ducts need cleaning and/or replacement Replace all windows with a double pane energy efficient windows throughout station Install entrance security camera system Replace flooring in all carpet areas currently damage in captain and paramedic rooms Create additional bedrooms (computer and empty mirrored room) Parking area needs better lighting Earthquake Retro fit to California State standards for public buildings. $1,300.00 FIRE STATION4 1950 West Walnut Built in 1973 1- Engine Co. 3 1- Paramedic Squad 2 Total Living at Station 5 UnMet Needs Resurface parking area A/C system vents and air ducts need cleaning and/or replacement Redesign dorm/locker area into individual dorms for employee privacy Replace all windows with a double pane energy efficient windows throughout station Gentlemen’s restroom needs better lighting Ladies’ restroom need shower doors Install entrance security camera system Earthquake Retro fit to California State standards for public buildings. $500,000 Propose Fire Station No. 5 $5,000,000 Additional Fire Station on the eastside of town to meet the demands $11,000,000 Total Station & Equipment Councilperson Arceneaux asked that Chief Batiste address why the issues listed in the report that were not brought to the attention of this City Council sooner. Chief Batiste explained that the fire department is a para-military organization and believes in the chain of command, so for years this information has been forwarded to the City Manager. Discussions continued regarding the importance of the City sustaining itself and ensuring that fire department personnel have the necessary vehicles, equipment, and apparatus functions to provide quality public safety. PARKS & RECREATION Marvin Hunt, Parks & Recreation department, presented a PowerPoint presentation on the City of Compton's infrastructure fiscal needs from the perspective of the Parks & Recreation Department. Overview Parks & Recreation is designed to provide unique construction projects that provide tangible long-term improvements or additions of a fixed or permanent nature such as land, buildings, and infrastructure. Project Funding Available Funding $4,490,000 Project Budget $43,135,000 Funding Difference $37,645,000 Opportunities • • • • Improve existing dilapidated structural conditions Meet changing needs of our growing communities Develop new and modern recreation centers Provide open space for active and passive recreation Renovations/Development of: Sibrie Park Alondra Regional Park South Park Facility Enhancements • • • • • • • • • Walking trails Play Spaces Exercise Equipment Stations Splash Pads Security Lighting Outdoor Restrooms Family Picnic Shelters Site Furnishings Sports Fields/Gymnasiums Estimated Project Budget Project Site Burrell Mac Donald Community Center Gonzales Park Community Center Kelly Park Community Center Lueders Park Community Center Wilson Park Community Center Cesar Chavez Neighborhood Park Compton Campfire Site Available Funds Requested Funds 250,000 $3,250,000 0 0 $250,000 50,000 0 0 500,000 $3,500,000 $1,750,000 $200,000 $1,500,000 $885,000 Ellerman Neighborhood Park Jackie Robinson Stadium Olympic Park Raymond Street Park Sibrie Neighborhood Park South Neighborhood Park Tragniew Neighborhood Park Walter Tucker Neighborhood Park Alondra Regional Park MLK/Cesar Chavez Monument Total Estimated Budget 0 0 $100,000 0 $550,000 $450,000 0 0 $2,740,000 $100,000 $250,000 $1,500,000 $300,000 $750,000 $2,950,000 $2,050,000 $2,500,000 $250,000 $15,260,000 $250,000 $4,490,000 $37,645,000 Councilperson Sharif asked Mr. Hunt if the department has the funding needed to bring the parks up to a certain standard. Mr. Hunt answered that the department has the funding needed to bring the parks up to a certain standard as well as provide much needed renovations and enhancements. Discussions concerning the Parks & Recreation infrastructure fiscal needs assessment continued regarding the applicability of bond monies, procurement of funds for maintenance and renovation of identified facilities, staff costs, and improvements to the current service levels. Councilperson Zurita suggested the City Manager hire a facility manager to manage the City's buildings to ensure that they are safe for the public. Councilperson Zurita stated that all of the park amenities were purchased with grant funding; and that Sibrie Park will receive funding from the water department because of the water well project. In addition, Ms. Zurita mentioned that Jackie Robinson stadium was renovated approximately one year ago with $100,000. Mr. Hunt replied that much of the funding for Jackie Robinson stadium went towards bleacher, snack bar, and press box repairs. CAREERLINK Kim McKenzie, Careerlink Training Center, presented a PowerPoint presentation from the perspective of jobs and job training and opportunities to build skill levels. Proposed Training Programs • • • • • • • • • CareerLink Business Services Banking Industry Training Retail and Customer Service Training Youth Maintenance Training Pre-Apprenticeship Construction Training Recording Training Broadcast/Public Access Training Choreography / Dance Instruction Cosmetology Training Business Services • • • • • • Job Training & Placement Services $279,180 CareerLink Staffing – 6 personnel Outreach & Recruitment Job Fairs Business Services (Applicant Screening, Job Matching, Interviews) Workshops (Job Search, Completing Applications, Resume Writing, Interviewing Techniques) Banking/Customer Service Training Banking Industry Training ($3,000 – 2 classes) 8 Week FREE Training Certification Job placement assistance Supplies and materials Retail & Customer Service Training (Yr. 1-$9,250, Yr. 2-$6,000) 8 Week Training Certification (1 year) Testing Site Registration (one-time cost) Certification Voucher ($55) Instructor Certification (one-time cost) Supplies and materials STREET, UTILITY AND LANDSCAPE MAINTENANCE TRAINING Street, Utility and Landscape Maintenance Training ($967,240) 6 Month Training (2 sessions) Trainee (36 trainees, 36 hrs../week, @ $10.00/hr.) - $622,080 Staffing (6 Lead Workers) - $263,160 Vehicles - $72,000 Equipment & Supplies - $10,000 Introduction to Maintenance Operations and Activities Introduction to Public Works Employment Street Maintenance, Materials and Application Introduction to Park Weed Abatement, Landscape Public Works Safety Public Works Internship Pre-Apprenticeship Construction Training Training Budget (Yr. 1 - $541,444, Yr. 2 - $533,444) 9 month Training 15 Trainees (36 hrs./week, @ $8.75/hr. stipend) Staffing (Program Mgr. 3- Instructors, Admin Assistant) Vehicles Equipment, Supplies Apprenticeship Member Dues Tools, Safety Equipment Training in the areas of: Carpentry, Plumbing, Electrical, Drywall, Framing, Roofing, Masonry, Cost Estimation, A/C Heating, Sheet Metal Ducking, Cabinet & Counters, and Flooring. Television Broadcast & Public Access Training TV Broadcast & Public Access Training (Yr. 1- $162,812, Yr. 2 - $61,412) 10 Week Training Trainee cost Staffing Equipment (one-time cost) Supplies Introduction to Broadcasting TV Production TV Announcing TV Script Writing Recording Training Recording Training (Yr. 1-$184,706; Yr. 2 - $111,160) 21 Week Training (5 months) 40 Trainees per Year Staffing Equipment (one-time cost) Supplies Students will work together learning techniques in music production while utilizing Digital Audio Workstation (DAW), music production and song writing software. Choreography & Dance Instruction Choreography & Dance Instruction ($58,500) Trained Instruction 25-30 Trainees Facility Ancillary cost – custodial, security, utilities, etc. Tap, Hip Hop, Jazz, Ballet, African, and Folk. Proposed Training Programs & Budget Compton Training Center Training Program Year 1 Year 2 CareerLink Business Services …………..………………..…$279,180 $279,180 Banking Industry Training ……………………………………..$3,000 $3,000 Retail and Customer Service Training …………………………$9,250 $6,000 Street, Utilities and Landscape Maintenance Training............$967,240 $967,240 Pre-Apprenticeship Construction Training ………………….$541,444 $533,444 Broadcast/Public Access Training …………………………..$162,812 $61,412 Recording Training ………………………………………….$184,706 $111,160 Choreography / Dance Instruction ………………….……...…$58,500 $58,500 Cosmetology …………………………………………………No Cost to City of Compton Total …………………………………………………….…$2,206,132 $2,019,936 MOTION TO EXTEND THE COUNCIL MEETING On motion by Zurita, seconded by Arceneaux, to extend the City Council meeting past the fourhour mark, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - None ABSTAIN: Council Members - Galvan 3. MUNICIPAL NEEDS - (CITIZEN SURVEY PRESENTATION) Mr. Burbanks, presented the results of a public polling survey taken from 388 randomly selected City of Compton voters from June 18, 2015 to June 25, 2015. (No elected officials were called.) Methodology • Telephone survey of 388 randomly selected City of Compton voters o Landline and cell phones o Interviews conducted June 18-25, 2015 • • Margin of sampling error is +/-5.0% at the 95% confidence interval Some percentages do not sum to 100% due to rounding A majority thinks things in the city are on the right track; nearly 6 in 10 say the same for their neighborhood. Generally speaking, would you say things in the City of Compton/Your Neighborhood are headed in the right direction, or do you feel that they are off on the wrong track? City of Compton Right Direction - 52% Wrong Track - 32% DK/NA - 15% Your Neighborhood Right Direction - 59% Wrong Track - 31% DK/NA - 10% Bare majorities of voters of each ethnic group see the city headed in the right direction. Generally speaking, would you say things in the City of Compton are headed in the right direction, or do you feel that they are off on the wrong track? African Americans Right Direction 52% Wrong Track 30% DK/NA 18% Latinos Right Direction 53% Wrong Track 43% DK/NA 4% Non-African Americans Right Direction 53% Wrong Track 39% DK/NA 8% Job approval ratings leave room for improvement. I'm going to mention a list of individuals, institutions and organizations in the City of Compton. Please tell me if you feel that individual, institution or organization is doing an excellent job, a good job, only a fair job or a poor job. City of Compton Firefighters Excellent – 83% Poor – 2% Compton Mayor Aja Brown Excellent – 44% Poor – 16% Sheriffs’ Deputies Excellent – 41% Poor – 18% Compton Community College Excellent – 39% Poor – 8% L.A. County Sheriff Jim McDonnell Compton Government Excellent -30% Excellent – 28% Poor – 11% Poor – 23% City Council Excellent – 27% Poor – 21% Compton Schools Excellent – 22% Poor – 30% CUSD Excellent – 19% Poor – 27% Voters agree that new leaders are cleaning up the City; they are less likely to agree that local law enforcement treat people with respect. The Mayor of Compton should have the authority to fire City employees that perform poorly. Total Agree – 71% Total Disagree – 25% A new generation of City leaders are cleaning up City government and putting Compton on the right track. Total Agree – 64% Total Disagree – 28% Without additional funds, City government will be forced to make cuts to vital local services. Total Agree – 60% Total Disagree – 32% Local law enforcement officials treat Compton residents with respect, and do not abuse their power. Total Agree – 59% Total Disagree – 37% To balance the state budget, Sacramento politicians have taken tens of millions of dollars from Compton that are supposed to be used to provide local vital City services. Total Agree – 51% Total Disagree – 29% Potholes and the availability of good-paying jobs emerge strongly as problems for Compton residents. Potholes and the condition of local streets and roads Extremely Serious – 90% The availability of good-paying jobs Extremely Serious – 81% The drought Extremely Serious – 68% The quality of local public schools Extremely Serious – 59% Drug use and abuse Extremely Serious – 66% The amount you pay in local taxes Extremely Serious – 57% The condition of the local economy Extremely Serious – 65% Gangs and gang violence Extremely Serious – 61% Waste and inefficiency in City Government Extremely Serious – 58% Crime Extremely Serious – 61% An overwhelming majority see the need for additional City funding. In your personal opinion, do you think the City of Compton has a great need, some need, a little need, or no real need for additional funds to provide the level of City services that residents need and want? Great Need – 75% Some Need – 12% Little Need – 6% No Real Need – 4% Don’t Know – 4% Voters were asked about a potential ballot measure … City Of Compton Vital City Services and Neighborhood Protection Measure. To repave/maintain streets; retain/hire firefighters/paramedics, increase sheriff’s deputy staffing levels to improve 911 response times and keep neighborhoods safe; expand gang and drug prevention programs; improve parks, community centers, after school programs and senior services; increase water conservation; and provide other general fund services shall the City of Compton sales tax be increased by one cent, requiring annual audits, citizen’s oversight, and local control of all funds to improve transparency and efficiency? Initial support is near the 67% vote threshold. If there were an election today, do you think you would vote “yes” in favor of this measure or “no” to oppose it? Definitely Yes – 43% Probably Yes – 20% Lean Yes – 5% Lean No – 2% Probably No – 7% Definitely No – 18% Undecided – 6% Support is at or above two-thirds in each ethnic group. Support for Measure by Ethnicity African Americans Yes 66% No 28% Undecided 6% Latinos Yes 70% No 23% Undecided 7% Non-African Americans Yes 71% No 22% Undecided 7% Renters are also more supportive of a potential measure. Initial Vote by Residence Homeowners Yes 65% No 29% Undecided 7% Renters Yes 73% No 22% Undecided 5% There is strong support across all council districts. Initial Vote by City Council District District One Yes 71% No 24% Undecided 5% District Two Yes 66% No 30% Undecided 4% District Three Yes 67% No 25% Undecided 8% District Four Yes 66% No 29% Undecided 5% Top priorities for a potential measure include potholes and job creation. Fixing potholes and maintaining local streets Extremely Important – 92% Providing job training programs for at-risk youth and young adults Extremely Important – 91% Creating more jobs through economic development Extremely Important – 90% Establishing a street maintenance fund to repave and maintain city streets Extremely Important – 86% Improving youth anti-gang and anti-drug prevention programs Extremely Important – 86% Expanding after-school tutoring, mentoring and recreation programs Extremely Important – 85% A variety of other priorities also rank as very important to voters. Expanding water conservation programs to help reduce water bills Extremely Important – 84% Repairing sidewalks Extremely Important – 84% Providing programs for local veterans returning home, including job training services Extremely Important – 83% Upgrading outdated 911 emergency response equipment, including communications technology, defibrillators, and breathing devices for firefighters Extremely Important – 82% Seniors and emergency response also rank highly, but with slightly less intensity. Expanding meals-on-wheels, transit services and other programs for local seniors Extremely Important – 79% Increasing economic development programs Extremely Important – 79% Upgrading firefighter and paramedic equipment, including protective clothing, breathing apparatuses and defibrillators Extremely Important – 78% Improving 911 emergency response services Extremely Important – 77% Increasing graffiti, trash and debris removal services Extremely Important – 77% More than two-thirds of voters see improve parks and fire stations as very important. Improving neighborhoods parks, playgrounds, and sports fields Extremely Important – 74% Purchasing body cameras for police officers Extremely Important – 71% Retrofitting neighborhood fire stations to meet state earthquake safety standards Extremely Important – 71% Improving the Fire Department’s deteriorating firefighter training facilities and overused fire engines and ambulances Extremely Important – 69% Building a new youth recreation community center Extremely Important – 67% The lowest priorities have to do with public safety, though they are still important to at least two in five. Improving lighting and landscaping on city streets Extremely Important – 65% Upgrading outdated and deteriorating neighborhood fire stations Extremely Important – 65% Increasing the city’s emergency reserve fund Extremely Important – 65% Hiring additional firefighters and paramedics Extremely Important – 65% Hiring additional 911 emergency dispatch operators Extremely Important – 64% Increasing the number of sheriff’s deputies patrolling neighborhood streets Extremely Important – 59% Building a new neighborhood fire station Extremely Important – 42% Street repairs and 911 response times were the most convincing messages. (STREETS) There are over 14,000 potholes on Compton city streets, and 175 miles of city streets require repaving. Beyond normal wear and tear, the high volume of truck traffic and the damage it does to our roads makes driving dangerous and causes damage to residents’ cars. This measure will provide the funds to fix potholes, repave streets and create a street maintenance fund to make needed repairs in the future. Very convincing – 82% *(FIRE/911 RESPONSE) The Compton Fire Department is overworked, understaffed, its equipment needs to be replaced, and fire stations need significant upgrades. Passing this measure will make sure our local first responders can respond quickly to 911 calls and provide emergency medical services to people suffering from heart attacks, strokes or those in car accidents, and get them to a hospital quickly to increase their chance for survival. Very convincing – 80% (PUBLIC SAFETY) Crime, gang violence and drugs are major problems in our community. Passing this measure provides Compton the funds to improve public safety by maintaining community policing and neighborhood patrols, expanding gang and drug prevention programs for at-risk youth, and increasing access to after school tutoring, mentoring and recreational programs so young people have safe places to go, stay out of trouble and away from gangs and drugs. Very convincing – 79% Details about the fire department and accountability are also highly effective. (ACCOUNTABILITY) This measure’s strict accountability provisions require transparency to make sure City government uses these funds effectively and as promised. This includes online expenditure reports and annual independent audits available for public review. Further, all funds raised must be used for Compton City services and by law cannot be taken by state politicians or bureaucrats. Very convincing – 76% *(FIRE DEPT. PROBLEMS) Compton’s fire stations receive almost 3,000 911 calls per year, double the national average of 1,400. Further, an additional fire station is needed in southeast Compton to serve that community because the Blue Line can delay emergency response, or even cut off first-responder access in an earthquake. Also, firefighters use pickup trucks when responding to 911 calls because fire engines frequently break down due to overuse, and all three neighborhood fire stations do not meet current state earthquake building safety standards. Very convincing – 70% (STATE) Sacramento has taken millions from Compton to balance the state budget, including $53 million that was supposed to improve city streets and fund other critical community investments. By passing this measure, voters will create a dedicated source of local funding for vital City services, and all funds are legally required to be used in Compton. Very convincing – 67% Positive messages increase support well over the two-thirds threshold. If the election were held today, would you vote yes in favor of this measure or no to oppose it? Initial Vote Totally Yes 68% Totally No 26% Undecided 6% After Positives Totally Yes 72% Totally No 23% Undecided 5% Councilperson Galvan asked Mr. Fairbanks if residents could take the survey more than once online. Mr. Fairbanks answered that the survey can only be completed once online. Councilperson Sharif asked Mr. Fairbanks to address how the survey was taken. Mr. Burbank stated that most of the calls were made to landlines and cell phones taken from the voter registration list. Councilperson Zurita asked Mr. Fairbanks if the questions asked, were unique to the demographics in the City of Compton. Mr. Fairbanks answered that primarily, the questions asked were standard while some were unique to the City of Compton, i.e., potholes and street repair. Councilperson Galvan inquired about the accuracy of the results of a poll taken of only 388 voters in a population of close to 100,000. Mr. Fairbanks stated that the results are based upon specific questions asked related to potholes, education reforms, and added services. Councilperson Zurita inquired about who created, paid for, and participated in the poll. City Manager Ford answered that the City entered into a contract with FM3 for a total of $25,000 to create the poll, in addition, staff and the company helped design the questions to ask the local residents. Councilperson Zurita inquired about how the poll participants were selected. Mayor Brown stated that the utilization of a poll company came from Dr. Curry because it would be more cost effective. Councilperson Zurita questioned who made the recommendation to poll the City. Mayor Brown stated that she recommended the poll during the budget process in an effort to obtain current service levels. Councilperson Galvan stated that he is shocked at the news of the City conducting a poll, paying for a poll; and that he was not questioned at all to be a part of the poll. The City Council meeting recessed at 7:53 p.m. and reconvened at 8:06 p.m. PRESENTATION - ONE-CENT SALES TAX PROPOSAL Roger Haley, presented a PowerPoint presentation summarizing the proposed one-cent sales tax ballot measures for November 2015. Unmet Service Demand Over 90% of Our Streets are in Disrepair City Parks Require Maintenance & Personnel Renovations Needed for Fire Stations & Equipment Need for Strengthened Code Enforcement Improve Public Safety – Personnel, Equipment & Programs Improve ADA Compliance for Seniors & Disabled Ballot Measure – One Repave Every Street in Compton Establish a Street Maintenance Fund Add Lighting to Increase Public Safety Fund Additional Personnel Improve City Parks Stabilize Provision of Basic Services Ballot Measure – Two Mayor Appoints City Manager - six year sunset provisional measure – this system will revert back to the current system unless the council puts it back on the ballot and the people vote to keep it. Ballot Measure – Three Set Council Salaries at the median salary of the community Commission salaries eliminated from salary Ballot Measure – Four Reduce the number of City Council meetings from four (4) to two (2) per month Members of the City Council discussed the applicability of the Compton City Charter to today’s issues, the natural tenure of city managers in the City of Compton, and the potential issues with the mayor's position having sole discretion over the hiring and firing of the city manager. CITY ATTORNEY’S REPORTS CLOSED SESSION 4. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Thompson v. City of Compton, et al., LASC Case No. BC578299 Chase Bank v. Carrillo-Cervantes, et al., LASC Case No. BC560616 Bradford v. City of Compton, LASC Case No. TC026769 Pursuant to California Government Code Section 54956.9(a) CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Two (2) Potential Cases Pursuant to California Government Code Section 54956.9(b) On motion by Zurita, seconded by Galvan, closed session was approved, by the following vote on roll call: AYES: Council Members - Zurita, Galvan, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - None UNFINISHED BUSINESS - There was no Unfinished Business. NEW BUSINESS 5. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON DECLARING PURSUANT TO COMPTON CITY CHARTER SECTION 1304 THAT ANY SPECIAL MUNICIPAL ELECTIONS REGARDING CHARTER PROPOSALS MAY BE HELD ON ANY ESTABLISHED ELECTION DATE On motion by Arceneaux, seconded by Brown (who stepped away from the Chair), to waive the reading of the ordinance in full, by the following vote on roll call: AYES: Council Members - Zurita, Galvan, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - None Councilperson Galvan inquired about the potential cost of the special municipal election. City Clerk Godwin stated that the last consolidated special municipal election with the County of Los Angeles in 2012 was $88,000. Mayor Brown called for a motion on the item. On motion by Brown (who stepped away from the Chair), seconded by Arceneaux, for discussion. Councilperson Arceneaux articulated concerns for the one-cent sales tax measure due to its consolidation of service provisions. She went on to suggest that the item be revisited after a written survey and marketing campaign are conducted with publicly announced results. Mayor Brown assured Councilperson Arceneaux that language within the one-cent sales tax measure was purposely consolidated to ensure an all-inclusive range as to how funds can be expended based upon the issues of importance expressed by the constituents. Mayor Brown made note that as policy-makers, elected officials owe it to the citizens to allow them to decide what they want. Councilperson Galvan expressed a concern for public funds being used to get the ballot measure passed. Mayor Brown clarified that public information campaigns give the people the facts on a proposed measure, and not advocating for either decision. Councilperson Zurita mentioned that at least $25,000 has already been spent regarding this effort. Mayor Brown stated that she recalls making the request for the City to obtain performance indicators during the budget meeting. Councilperson Galvan stated that he would have liked to have seen the polling company poll more than 400 people for $25,000; as well as receive a more accurate account of what the citizens of Compton want for their City. On motion by Brown (who stepped away from the Chair), seconded by Arceneaux, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON DECLARING PURSUANT TO COMPTON CITY CHARTER SECTION 1304 THAT ANY SPECIAL MUNICIPAL ELECTIONS REGARDING CHARTER PROPOSALS MAY BE HELD ON ANY ESTABLISHED ELECTION DATE" failed for lack of a majority vote, by the following vote on roll call: AYES: Council Members - Galvan, Brown NOES: Council Members - Zurita, Arceneaux ABSENT:Council Members - None ABSTAIN: Council Members - Sharif 6. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF COMPTON ON NOVEMBER 3, 2015 On motion by Arceneaux, seconded by Brown (who stepped away from the Chair), to waive the reading of the ordinance in full, by the following vote on roll call: AYES: Council Members - Zurita, Galvan, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - None On motion by Galvan, seconded by Brown (who stepped away from the Chair), "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF COMPTON ON NOVEMBER 3, 2015" failed for a lack of a majority vote, by the following vote on roll call: AYES: Council Members - Galvan, Brown NOES: Council Members - Zurita, Arceneaux ABSENT:Council Members - None ABSTAIN: Council Members - Sharif 7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING AN ORDINANCE IMPOSING A ONE PERCENT TRANSACTIONS AND USE TAX FOR GENERAL PURPOSES TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION, DECLARING A FISCAL EMERGENCY IN THE CITY OF COMPTON WHICH INTERFERES WITH THE CITY'S ABILITY TO PROVIDE AN ADEQUATE LEVEL OF MUNICIPAL SERVICES, ORDERING THAT THE MEASURE TO ADOPT THE TRANSACTIONS AND USE TAX BE SUBMITTED TO THE VOTERS OF THE CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 3, 2015, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE (REMOVED) 8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ORDERING THAT A MEASURE TO AMEND THE CITY OF COMPTON CHARTER IN CONNECTION WITH LIMITING THE SALARY OF THE MAYOR AND COUNCIL MEMBERS BE SUBMITTED TO THE VOTERS OF THE CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 3, 2015, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE (REMOVED) 9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ORDERING THAT A MEASURE TO AMEND THE CITY OF COMPTON CHARTER IN CONNECTION WITH PROVIDING THE MAYOR WITH THE SOLE AUTHORITY TO APPOINT AND REMOVE THE CITY MANAGER BE SUBMITTED TO THE VOTERS OF THE CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 3, 2015, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE (REMOVED) 10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ORDERING THAT A MEASURE TO AMEND THE CITY OF COMPTON CHARTER IN CONNECTION WITH THE ESTABLISHMENT OF REGULAR MEETING DATES OF THE CITY COUNCIL BE SUBMITTED TO THE VOTERS OF THE CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 3, 2015, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE (REMOVED) 11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2015, WITH THE ELECTION TO BE CONDUCTED BY THE COUNTY OF LOS ANGELES ON THE SAME DATE PURSUANT TO SECTION 10400 OF THE CALIFORNIA ELECTIONS CODE (REMOVED) CITY COUNCIL RECESSED TO CLOSED SESSION On motion by Zurita, seconded by Brown (who stepped away from the Chair), the meeting recessed to closed session at 9:34 p.m., by the following vote on roll call: AYES: Council Members - Zurita, Galvan, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - None On motion by Zurita, seconded by Galvan, the meeting reconvened from closed session at 11:30 p.m., by the following vote on roll call: AYES: Council Members - Zurita, Galvan, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - None REPORT OUT OF CLOSED SESSION City Attorney Cornwell reported out of closed session conference with legal counsel - existing litigation, Thompson v. City of Compton, et al., LASC Case No. BC578299. Settlement parameters were discussed, however no reportable action was taken. 2) Chase Bank v. CarrilloCervantes, et al., LASC Case No. BC560616. Settlement parameters were discussed, however no reportable action was taken. 3) Bradford v. City of Compton, LASC Case No. TC026769. No reportable action was taken pursuant to California Government Code Section 54956.9(a) on the above cases. City Attorney Cornwell also reported out conference with legal counsel-anticipated litigation two (2) potential cases. No reportable action was taken pursuant to California Government Code Section 54956.9(b) 12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON SUPPORTING THE ADOPTION OF CALIFORNIA SENATE BILL (SB) 227 REGARDING THE DISALLOWANCE OF THE GRAND JURY PROCESS FOR POLICE SHOOTINGS OR EXCESSIVE FORCE CASES Councilperson Arceneaux articulated her support for Senate Bill 227 which establishes a more fair and equitable court proceeding indictment process by taking the responsibility for indicting police officers who kill unarmed citizens out of the hands of local district attorneys and placing it in the hands of the state attorney general. On motion by Zurita, seconded by Galvan, Resolution # 24,190 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON SUPPORTING THE ADOPTION OF CALIFORNIA SENATE BILL (SB) 227 REGARDING THE DISALLOWANCE OF THE GRAND JURY PROCESS FOR POLICE SHOOTINGS OR EXCESSIVE FORCE CASES" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Galvan, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - None 13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ESTABLISHING THE FEE SCHEDULE FOR AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT AN INCLUSION POLICY FOR THE COMPTON PARKS AND RECREATION YOUTH SPORTS PROGRAMS Councilperson Galvan stated that he is proud to announce that each youth sports program fee will be reduced to $10 for each child per sports activity, and subsequently reduced to $0 for parents experiencing financial hardships. On motion by Zurita, seconded by Arceneaux, Resolution # 24,191 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ESTABLISHING THE FEE SCHEDULE FOR AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT AN INCLUSION POLICY FOR THE COMPTON PARKS AND RECREATION YOUTH SPORTS PROGRAMS" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Galvan, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - None 14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO VARIOUS CONTRACTS TO ASSIST THE CITY ATTORNEY’S OFFICE WITH EMPLOYER AUTHORIZED INVESTIGATIONS. City Attorney Cornwell reported that the burden on the City to conduct investigations have risen in regards to the current law on complaints of retaliation, discrimination and other legal matters. There have been discussions with management to hire staff but currently these investigations are being conducted by outside firms so therefore the request is to include these two firms for the aforementioned reasons. On motion by Zurita, seconded by Arceneaux, Resolution # 24,192 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO VARIOUS CONTRACTS TO ASSIST THE CITY ATTORNEY'S OFFICE WITH EMPLOYER AUTHORIZED INVESTIGATIONS" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Galvan, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - None 15. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO RENEW THE A PROFESSIONAL SERVICES AGREEMENT WITH AND ISSUE A PURCHASE ORDER TO INTERWEST CONSULTING GROUP FOR COMPLEX BUILDING PLAN CHECK AND EMERGENCY INSPECTION SERVICES FOR THE 2015-2016 FISCAL YEAR ($170,000). Councilperson Zurita asked the City Manager to address when the City will be hiring a chief building official. City Manager Ford replied that the position will be filled August 23, 2015. On motion by Zurita, seconded by Arceneaux, Resolution # 24,193 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO RENEW THE A PROFESSIONAL SERVICES AGREEMENT WITH AND ISSUE A PURCHASE ORDER TO INTERWEST CONSULTING GROUP FOR COMPLEX BUILDING PLAN CHECK AND EMERGENCY INSPECTION SERVICES FOR THE 2015-2016 FISCAL YEAR ($170,000)" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Galvan, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - None 16. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ACCEPTING CHANGE ORDER NUMBER 001 FROM S.C. FUELING SOLUTIONS AND AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO REPLACE AND UPGRADE THE DISPENSARY SYSTEM FOR THE FUEL PUMPS AT THE CITY’S MAINTENANCE YARD ($95,550.50) Councilperson Zurita asked the City Manager if it is more cost effective to repair this pump opposed to purchasing fuel from a commercial fueling station. City Manager Ford replied that it is more cost effective to replace and upgrade the City’s own dispensary system. On motion by Zurita, seconded by Arceneaux, Resolution # 24,194 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ACCEPTING CHANGE ORDER NUMBER 001 FROM S.C. FUELING SOLUTIONS AND AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO REPLACE AND UPGRADE THE DISPENSARY SYSTEM FOR THE FUEL PUMPS AT THE CITY'S MAINTENANCE YARD ($95,550.50)" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Galvan, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - None 17. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO RENEW THE PROFESSIONAL SERVICES CONTRACT WITH STRATEGIC COUNSEL PLC FOR STATE LEGISLATIVE AND ADVOCACY SERVICES FOR FISCAL YEAR 2015-2016 ($109,000) (REAGENDA TO NEXT WEEK) 18. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON SUPPORTING THE ADOPTION OF CALIFORNIA ASSEMBLY BILL (AB) 266 TO ESTABLISH A REGULATORY FRAMEWORK FOR MEDICAL MARIJUANA USE IN CALIFORNIA AND TO PROTECT THE LOCAL CONTROL AUTHORITY OF CITIES AND COUNTIES (REMOVED) APPROVAL OF WARRANTS 19. Warrant #228412 - 6/30/15 - Martin/Chapman Co. - General Municipal Election $57,533.58 - Requested by: City Clerk Warrant #228414 - 6/30/15 - Postmaster - Postage for mailing machine - $17,739.20 Requested by: City Clerk Warrant #228423 - 6/30/15 - United Rentals - Rental of light towers, drum smooth roller and cubic yard loader - $24,083.17 - Requested by: Public Works Warrant #228467 - 6/30/15 - Evan Brooks Assoc. - Preparation of Green Trees Planting Grant Program - $38,300.00 - Requested by: Grants Division Warrant #228476 - 6/30/15 - Infosend - Bicycle Master Plan inserts into utility billing $2,613.85 - Requested by: Planning Department Warrant #228483 - 6/30/15 - League of CA Cities - Website job advertisement - $250.00 Requested by: Human Resources On motion by Sharif, seconded by Zurita, the above warrants were approved, by the following vote on roll call: AYES: Council Members - Zurita, Galvan, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - None COUNCIL COMMENTS Councilperson Zurita offered the following communications/announcements: • Instructed the City Manager to provide an operations report on the City’s public access dispatch center. Councilperson Galvan offered the following communications/announcements: • "Ice Cream Party for the Seniors" event will be held Friday, July, 24, 2015 at 12 p.m. at the Dollarhide Community Center. *Councilperson Arceneaux exited the meeting at 11:45 p.m. • “Fire Fighter's Explorers Program” event will be held during the second week of August 2015. *Councilperson Zurita exited the meeting at 11:47 p.m. Councilperson Sharif offered the following communications/announcements: • Sign-ups to participate in the "Sheriffs' Summer Job Program" will be held Wednesday, July 29, 2015 at 1 p.m. Mayor Brown offered the following communications/announcements: • “National Night Out” will be held Tuesday, August 4, 2015. • Thanked the residents for participating in the democratic process. • Thanked Councilperson Galvan for his support of the proposed ballot measures. • Recognized the City Attorney and management staff for their efforts to research and consolidate information for tonight’s presentations. • Asked the City Attorney to bring back an item for council consideration to consider reduction of council salaries. ADJOURNMENT On motion by Galvan, seconded by Sharif, the meeting was adjourned at 11:49 p.m., by the following vote on roll call: AYES: Council Members - Galvan, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Zurita, Arceneaux ______________________________ City Clerk of the City of Compton __________________________ Mayor of the City of Compton JULY 28, 2015 The City Council meeting was called to order at 5:54 p.m. in the Council Chambers of City Hall by Mayor Aja Brown. The Pledge of Allegiance and Moment of Silence ceremonies were also led by Mayor Aja Brown. ROLL CALL Council Members Present: Council Members Absent: Zurita, Arceneaux, Sharif, Brown Galvan Other Officials Present: C. Cornwell, A. Godwin, J. Ford INTRODUCTION OF SPECIAL GUESTS 1. ASSEMBLYMAN MIKE GIPSON - California Legislative Update Assemblyman Mike Gipson assured the citizens of Compton that he would be working diligently on their behalf to make certain Compton Community College is fully-accredited. Mr. Gipson also announced the following upcoming events: “The State of Compton College Forum” will be held Tuesday, August 11, 2015 at 6 p.m. Applications are being accepted for district commissioners throughout the 64th District. “Fraud Prevention Townhall Meeting” will be held Thursday, August 10, 2015 from 10 a.m. to 11 a.m. in Long Beach. “Veterans Job Fair” will be held on the Battleship Iowa in San Pedro from 9 a.m. to 5 p.m. “Saving Our Sons Youth Symposium” will be held Saturday, August 29, 2015 from 8 a.m. to 4 p.m. “Oversight Hearing on Sexual Abuse” will be held Thursday, September 24, 2015 at California State University Dominguez Hills. 2. MESSAGE FROM SENATOR ISADORE HALL III 35th DISTRICT - Heather Hut, District Director Heather Hut, District Director for Senator Isadore Hall III, read a letter on behalf of Senator Isadore Hall articulating his support for the proposed one-cent sales tax ballot measure. 3. KEEP YOUR HOME CALIFORNIA Denise Teora, Community Outreach Liaison, introduced Keep Your Home California Program. Ms. Teora explained that there are millions of federal funds available to assist homeowners in keeping their home during hardships. For more information visit keepyourhomecalifornia.org PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS Roberto Rodriguez, Compton resident, spoke in support of the Mayor’s proposed one-cent sales tax ballot measure, the need for street infrastructure repair and park improvements, and the importance of allowing the people to make decisions on behalf of their community. David Irons, Compton resident, petitioned the City Council to support the establishment of marijuana dispensaries in the City of Compton and the health benefits it offers local residents. Larry White, Compton resident, acknowledged the following Compton firefighters/paramedics for being there to save his life after he experienced a series of heart attack in his home: Captain Brandon, firefighter/paramedic Walton, firefighter/paramedic Sierra, and firefighter/paramedic Medina. He also asked that any proposals or suggestions to disband the fire department be removed. He further questioned what the Sheriffs’ department is doing to address the recent burglaries in the area of Coco Street and Burris Street. Mayor Brown referred Mr. White to the Captain of the Sheriffs' Department. Councilperson Arceneaux advised Mr. White to consider petitioning for preferential parking to help decrease the likelihood of break-ins and thefts in his neighborhood. Benjamin Holifield, Compton resident, petitioned the members of the City Council to give the Fire Department everything they need in order to operate in compliance. He also advised the City to sustain itself financially so that incoming businesses can assist the City's in its wealthbuilding process. He also asked that the citizens of Compton be given the opportunity to make recommendations as to how funds are generated and allocated for infrastructure and service needs. Innette Weasel, Compton resident, recognized Councilperson Zurita for diligently addressing her concerns in the Second District. She went on to speak in opposition to last week's resolutions proposing a one-cent sales tax ballot measure. She also cited her disapproval with giving the mayor full authority to hire and fire the City Manager. She maintained that City Council members are elected to provide the necessary checks and balances in policy so as to alleviate any instances of cronyism, and that any contracts entered into or funds allocated towards these activities are unacceptable. She further stated that the citizens voted for the current elected officials because it appeared that they would have some allegiance to the community and not unjustly manipulate information to serve their individual interests. Willie McReynolds, Compton resident, petitioned the City Council to perform their due diligence when considering ballot measures, citing that information presented at the last minute can be manipulated causing the elected officials to believe that certain items are urgent. Mr. Reynolds also stated that because of politics, millions of dollars was spent and wasted, resulting in council members being voted out. He further stated that giving one person the authority to make important decisions on behalf of the entire City opens the door for opportunities of dictatorship and should be avoided at all costs. Cory Nash, presented plaques of appreciation and t-shirts to Mayor Brown and Councilperson Galvan for their support of Cynthia Nun's Angels Foundation. Patricia Simpson, Compton resident, made comments in regards to why she thinks Mayor Brown wants to be a full-time mayor and her opposition to the proposed one-cent sales tax ballot measure. Ms. Simpson also cited allegations of Mayor Brown using First-time Homebuyers' funds for her campaign and rumors that Mayor Brown wants a resident’s home so that her husband can run for the Third District seat. Mayor Brown assured Ms. Simpson and the residents of Compton that those rumors are false. Yesenia Lucille, Compton resident and author of Latino Lives Matter, petitioned the members of the community to march with her as she seeks justice and peace in remembrance of her brother who was killed last month in the City of Compton. Cindy Satorio, Compton resident, petitioned the City Council to construct a performing arts center for the youth so that they can have a creative outlet for expressing themselves in their own community. Bob Adams, representative of Local 2325, clarified that the tentative agreement for Local 2325 has not been ratified by their membership, so any decision to approve the matter will be pending the ratification of their membership. Secondly, Mr. Adams indicated that they were not able to get and review the final version of the contract until last Thursday evening. Thirdly, he stated that the document written as a side letter agreement should be an addendum to the contract. He further thanked the City Manager and the negotiating team for their hard work and dedication towards resolving this matter. Olivia Lopez, Compton resident, recognized Councilperson Galvan for working diligently to coordinate events for the youth in the Compton community. Herbert Arceneaux, Compton resident, stated that he was frightened at the sight of a pit bull dog one morning while picking up his newspaper in his driveway. He stated that after calling Deputy Wright to help him he never received any service or a phone call back. He maintained that he was angered at having to wait for service and questioned why the tax-payers are not being respected and charged with waiting for service when a problem within the community arises. Fernando Galvan, Dominguez High School student, petitioned the members of the City Council to address the maintenance and upkeep of Tucker Park. Councilperson Arceneaux referred Mr. Galvan to her District liaison Deidre Duhart. Clarissa Rodriguez, Dominguez High School student, congratulated Emma Sharif on her recent election. She went on to ask that the City Council reconsider their proposed ballot measures and consider helping the youth by funding the purchase of instruments and snacks for her school's music class. Hilda Oliveros, concerned business owner, implored the members of the City Council to seriously consider passing the proposed one-cent sales tax ballot measure so that the decision to address the City’s streets, public safety and park improvements are in the hands of the citizens. She further asked that any elected officials in opposition to the proposal to cite their plans to make the streets better and parks safer. Gregory Pitts, Compton resident, encouraged the City Council to revisit the vote for the proposed one-cent sales tax ballot measure. He further urged any members of the City Council not in support of the proposal to communicate their ideas to the citizens so that they can make a decision about that as well. Joyce Kelly, Compton resident, questioned how transparent Mayor Brown is and alleged that the City Manager's Office is creating a position for Rico Smith salaried at $151,574.62. She inquired about the number of streets that could be paved with $151,574.62 and held that a vote to approve Item No. 16 will violate Sections 713, 1106, and 1202 of the City Charter. She spoke in opposition to the proposed one-cent sales tax ballot measure and questioned how many years it is going to take to raise the amount of funds needed to fix the streets, improve the fire stations, and renovate the City's parks. Mayor Brown clarified that the project manager position is not for the person mentioned in the previous speaker's comments. Michael Turner, Compton resident, recognized City employee Adreena Wheeler and the Street Department for diligently addressing the pothole and illegally dumped items in his neighborhood two days after he complained about it to the Public Works department. He also asked that the City Council address the issue of his toilet water being brown. Lynn Boone, Compton resident, solicited Councilperson Arceneaux for a timeline on Item No. 14 and information as to who would be supervising the framework of the operations. She went on to allege that Item numbers 7 and 16 are illegal, in that both resolutions are expected to be paid for with funds from the Water Department. She proposed that extra money funneled into the Water Department be used to reduce the resident's water bills. She further affirmed that it is unethical for 22,000 residents to have to pay for the maintenance of the City's entire infrastructure. Bishop Guillory, Compton resident, assured Mayor Brown and the City Council that the citizens of Compton are proud of them. He also questioned why some speakers seek to control the elected officials and not opportunities that give voters the chance to decide on the issues. CONSENT AGENDA On motion by Zurita, seconded by Arceneaux, the Consent Agenda was approved, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan APPROVAL OF MINUTES 2. JULY 14, 2015 (Approved) END CONSENT AGENDA REGULAR AGENDA CITY MANAGER’S REPORT 3. ORAL PRESENTATION - Denise Teora, Community Outreach Liaison - (Keep Your Home California) (Presentation made) 4. ORAL PRESENTATION - Strategic Counsel PLC - State Legislative and Advocacy Services Mel Agassai, Strategic Counsel PLC, presented an overview of what Strategic Counsel has been doing in Sacramento on behalf of the City of Compton. Overview - - Strategic Counsel, PLC Strategic Counsel’s Engagement Voter-Approved Pension Levy Effort Legislative Update • Medical Marijuana Local Control • Casino Revenue • Other Legislation Looking Ahead to 2015-16 and Beyond Strategic Counsel’s Engagement - Full-time, Year-Round Legislature considers over 5,000 pieces of legislation spanning every interest represented in Sacramento. Strategic Counsel tracks over 100 pieces of Legislation. Has been active on AB 266 (Cooley), AB 1009 (Cristina Garcia), SB 227 (Mitchell), SB 355 (Lara), and Governor’s Local Government RDA Trailer Bill Legislature is currently on Summer Recess and will return mid-August. Voter Approved Pension Levy Efforts - - Strategic Counsel has worked collaboratively with: • A coalition with other cities, labor, and law enforcement stakeholders. • Governor Brown, the Department of Finance, and Legislative leaders in the Senate and Assembly Governor’s Local Government RDA Trailer Bill Language (AB 113) proposed return of pension levy revenue – Opposition from League of California Cities. Next Steps for Pension Levy Effort - - Work with Speaker of the Assembly’s Redevelopment Dissolution Working Group. • Seeks to include the most beneficial aspects of Governor’s Local Government Trailer Bill – ex. Pension Levy and the Finding of Completion Language. • Members of the Working Group include: Assembly Majority Leader Chris Holden, Chair – Pensions Policy; Assembly Member Cristina Garcia; Assembly Member Cheryl Brown; Assembly Member Miguel Santiago. Actively engaged in meetings with high level consultants and advisors to Working Group. Strategy – New Vehicle for Pensions Legislative Update – Medical Marijuana Local Control - - New Regulatory Framework Local control to preserve City’s ordinance banning marijuana dispensaries. • Achieved language with AB 34 (Bonta) and AB 266 (Cooley), now consolidated together in AB 266 (Bonta Cooley) S. 683 (Booker) Federal Marijuana Bill – Currently in Senate Judiciary • Would reschedule marijuana to Schedule 2 (Accepted Medical Use) Legislative Update – Casino Revenue - Worked to preserve and expand the lucrative funding stream generated by Crystal Casino – Currently generates $2 million annually • Sought opportunities to expand internet poker and the number of tables in use at Crystal Casino. • Led the City in opposing new regulations that would reduce earned revenue “No Collection” Easing of Restrictions on off-reservation casinos. Legislative Update – Other Legislation & Activities - - - AB 266 (Bonta Cooley) – Establishes a medical marijuana regulatory framework. Currently in Senate Appropriations. SB 227 (Mitchell) – Council supported resolution last week; prohibits the use of grand juries in cases involving shooting or excessive force by a peace officer. On the Governor’s desk awaiting signature. SB 355 (Lara) – Changes the make-up of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy by adding two non-voting members of the Legislature and requiring that two voting members come from communities along the Lower Los Angeles River. Currently on the Assembly Floor. Strategic Counsel has connected the City to SB 535 Cap and Trade Disadvantaged Communities Grant opportunities that could be used in the future to create urban forests and green spaces. • SB 535 funding was an estimated $559 million in 2015-16; by law, 25% must go to benefit disadvantaged communities. Mayor Brown instructed the City Manager to 1) schedule a public workshop so that council can set the legislative agenda relative to the perspective districts; 2) prepare a resolution for City Council to establish a policy mandating council input for a legislative agenda annually. Members of the City Council instructed Strategic Counsel to seek, follow, and pursue bills and funding appropriations relative to the issues and concerns of the citizens of Compton, i.e., transportation, infrastructure, and voter pension levy efforts. 5. STAFF DEMONSTRATION - Website Online Payments (Water, Sewer and Trash) Chad Blais, Deputy Director of Public Works, presented a live demonstration of the City of Compton's Water Department online payment system. CITY ATTORNEY'S REPORTS - There were no City Attorney's Reports. UNFINISHED BUSINESS - There was no Unfinished Business. NEW BUSINESS 6. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON LEVYING A MUNICIPAL TAX RATE FOR THE FISCAL YEAR 2015-2016 On motion by Arceneaux, seconded by Zurita, to waive the reading of the ordinance in full, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan On motion by Arceneaux, seconded by Sharif, Ordinance # 2,260 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON LEVYING A MUNICIPAL TAX RATE FOR THE FISCAL YEAR 2015-2016" was adopted, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan 7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE (3) YEAR SOFTWARE AGREEMENT WITH ESRI, INC. AND ISSUE A PURCHASE ORDER FOR $27,250.00 FOR PROVIDING ANNUAL GEOGRAPHICAL INFORMATION SYSTEM SOFTWARE LICENSING AND MAINTENANCE SERVICES FOR FISCAL YEAR 2015-2016 On motion by Zurita, seconded by Arceneaux, Resolution # 24,195 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE (3) YEAR SOFTWARE AGREEMENT WITH ESRI, INC. AND ISSUE A PURCHASE ORDER FOR $27,250.00 FOR PROVIDING ANNUAL GEOGRAPHICAL INFORMATION SYSTEM SOFTWARE LICENSING AND MAINTENANCE SERVICES FOR FISCAL YEAR 2015-2016" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan 8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO GATEWAY CITIES COUNCIL OF GOVERNMENTS FOR THE PURPOSE OF PAYING THE ANNUAL MEMBERSHIP FEE, I-710 CORRIDOR ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT STATEMENT (EIR/EIS) REPORT AND SR-91/I-605/I-405 MAJOR CORRIDOR STUDY FEES FOR FISCAL YEAR 2015-2016 ($61,185.68) On motion by Zurita, seconded by Arceneaux, Resolution # 24,196 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO GATEWAY CITIES COUNCIL OF GOVERNMENTS FOR THE PURPOSE OF PAYING THE ANNUAL MEMBERSHIP FEE, I-710 CORRIDOR ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT STATEMENT (EIR/EIS) REPORT AND SR-91/I-605/I-405 MAJOR CORRIDOR STUDY FEES FOR FISCAL YEAR 2015-2016 ($61,185.68)" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan 9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ALL STAR INTERPRETING SERVICE FOR PROVISION OF SPANISH LANGUAGE INTERPRETATION AND TRANSLATION SERVICES On motion by Zurita, seconded by Arceneaux, Resolution # 24,197 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ALL STAR INTERPRETING SERVICE FOR PROVISION OF SPANISH LANGUAGE INTERPRETATION AND TRANSLATION SERVICES" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan 10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT AND ISSUE A PURCHASE ORDER TO MELVINNA SHARP FOR TRANSCRIPTION AND PREPARATION OF MEETING MINUTES OF THE CITY’S LEGISLATIVE BODIES AND SPECIALIZED ELECTRONIC SERVICES FOR FISCAL YEAR 2015-2016 On motion by Arceneaux, seconded by Sharif, Resolution # 24,198 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT AND ISSUE A PURCHASE ORDER TO MELVINNA SHARP FOR TRANSCRIPTION AND PREPARATION OF MEETING MINUTES OF THE CITY'S LEGISLATIVE BODIES AND SPECIALIZED ELECTRONIC SERVICES FOR FISCAL YEAR 2015-2016" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan 11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH JMDIAZ, INC. TO PERFORM ADDITIONAL ENGINEERING DESIGN SERVICES FOR CENTRAL AVENUE CORRIDOR PAVEMENT REHABILITATION PROJECT PHASE II ($131,327) On motion by Arceneaux, seconded by Zurita, Resolution # 24,199 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH JMDIAZ, INC. TO PERFORM ADDITIONAL ENGINEERING DESIGN SERVICES FOR CENTRAL AVENUE CORRIDOR PAVEMENT REHABILITATION PROJECT PHASE II ($131,327)" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan 12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE 2015-2016 FISCAL YEAR BUDGET AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH INTERWEST CONSULTING GROUP TO PROVIDE COMPLEX PLAN CHECKS, EXPEDITED PLAN CHECKS, AND SUPPLEMENTAL PLAN CHECKS FOR THE BRICKYARD PROJECT ($115,818.00) Councilperson Zurita asked the City Manager to explain any charges to the General Fund for plan checks and whether or not the brickyard development is on track. City Manager Ford affirmed that the development is on track and that there would be no cost to the General Fund; the developer of the project will pay for all plan checks totaling up to $115,000 plus an addition 37% above that cost. Mayor Brown requested a quarterly report on the brickyard development as the milestones continue. On motion by Zurita, seconded by Arceneaux, Resolution # 24,200 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE 2015-2016 FISCAL YEAR BUDGET AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH INTERWEST CONSULTING GROUP TO PROVIDE COMPLEX PLAN CHECKS, EXPEDITED PLAN CHECKS, AND SUPPLEMENTAL PLAN CHECKS FOR THE BRICKYARD PROJECT ($115,818.00)" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan 13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING AND ADOPTING THE ANNUAL APPROPRIATION LIMIT FOR FISCAL YEAR 2015-2016 On motion by Arceneaux, seconded by Sharif, Resolution # 24,201 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING AND ADOPTING THE ANNUAL APPROPRIATION LIMIT FOR FISCAL YEAR 2015-2016" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan 14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON SUPPORTING THE ADOPTION OF CALIFORNIA ASSEMBLY BILL (AB) 266 TO ESTABLISH A REGULATORY FRAMEWORK FOR MEDICAL MARIJUANA USE IN CALIFORNIA AND TO PROTECT THE LOCAL CONTROL AUTHORITY OF CITIES AND COUNTIES Councilperson Sharif requested the process and procedure for opening a marijuana dispensary in the City of Compton. City Attorney Cornwell informed Councilperson Sharif that this item supports AB 266 and does not legalize the operation of marijuana dispensaries in the City of Compton. Councilperson Sharif questioned what the City is doing to address illegally operating marijuana dispensaries in the City of Compton. City Attorney Cornwell answered that the City initially requests an opportunity to inspect the location, and in the event there are health and safety concerns observed, the City shuts the business down until those safety concerns are addressed. Councilperson Sharif asked the City Attorney if the City keeps a log of properties considered and declared a public nuisance. City Attorney Cornwell replied affirmatively. On motion by Zurita, seconded by Arceneaux, Resolution # 24,202 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON SUPPORTING THE ADOPTION OF CALIFORNIA ASSEMBLY BILL (AB) 266 TO ESTABLISH A REGULATORY FRAMEWORK FOR MEDICAL MARIJUANA USE IN CALIFORNIA AND TO PROTECT THE LOCAL CONTROL AUTHORITY OF CITIES AND COUNTIES" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan 15. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING A MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE CITY OF COMPTON AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), LOCAL 2325, COMPTON MANAGEMENT EMPLOYEES ASSOCIATION (CMEA) FOR FISCAL YEARS 2014 - 2016 Councilperson Zurita recused herself from participating in the consideration of this item due to a conflict of interest. *Councilperson Zurita exited the meeting at 9:00 p.m. City Attorney Cornwell requested an amending motion to add into the agreement the following language: Article 25 uniform allowance: all other members covered by this agreement that are required to wear a uniform shall receive a uniform allowance at 800 per year paid per quarter: Article 40 Employees Title and Ranges: the starting salary for Street Superintendent range: 164,000, 167,000 & 170,000; Emergency Management Coordinator: 139,000, 142,000 & 145,000; Deputy City Treasurer: 121,000 124,000 & 127,000. Add the following to the below 15% market due to most current survey: building and maintenance supervisor, deputy city attorney III, II, I, deputy director of public works and printing services supervisor. Article 2; language shall state: CMEA provides employee representation in matters related to working conditions and compensation for the following chief executive employees, executive employees and supervisory employees. Amended Motion It was moved by Sharif, seconded by Arceneaux, to accept the amended motion for the inclusion of language, by the following vote on roll call: AYES: Council Members - Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Zurita, Galvan On motion by Arceneaux, seconded by Sharif, Resolution # 24,203 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING A MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE CITY OF COMPTON AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), LOCAL 2325, COMPTON MANAGEMENT EMPLOYEES ASSOCIATION (CMEA) FOR FISCAL YEARS 2014 - 2016" was approved (and includes the amended language), by the following vote on roll call: AYES: Council Members - Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Zurita, Galvan *Councilperson Zurita entered the meeting at 9:07 p.m. 16. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO AMEND THE CITY MANAGER 20152016 FISCAL YEAR BUDGET TO ADD A PROJECT MANAGER (REMOVED) It was moved by Zurita, seconded by Arceneaux, for discussion. Councilperson Arceneaux requested the scope of responsibility for this position. City Manager Ford stated that the inclusion of this position will help the City aggressively move, track, and complete projects. Councilperson Arceneaux contended that management could not continue to take on the responsibility of what the department heads are supposed to be doing. Chad Blais, Public Works Director and Glen Kau, Deputy Director of public Works, maintained that they could comfortably schedule and maintain project schedules and expenditures as needed. City Council discussed accountability amongst department heads, the prospect of filling the vacant assistant city manager position, and the necessity of hiring a project manager to oversee, assist, and move projects towards completion. Council agreed that this item should be removed to reassess the need for this position. Councilpersons Zurita and Arceneaux withdrew their motions. 17. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE CITY MANAGER’S FY 2015-16 BUDGET TO REFLECT THE STAFFING FOR THE GANG INTERVENTION PROGRAM AS PREVIOUSLY APPROVED BY THE COUNCIL (NO FISCAL IMPACT). On motion by Zurita, seconded by Arceneaux, Resolution # 24,204 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE CITY MANAGER'S FY 2015-16 BUDGET TO REFLECT THE STAFFING FOR THE GANG INTERVENTION PROGRAM AS PREVIOUSLY APPROVED BY THE COUNCIL (NO FISCAL IMPACT)." was approved, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan 18. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH CIVIL SOURCE, INC., TO PROVIDE DESIGN SERVICES FOR THE WILMINGTON AVENUE SAFE STREETS PEDESTRIAN/BICYCLE IMPROVEMENT PROJECT AT A COST NOT TO EXCEED $84,050 It was moved by Zurita, seconded by Arceneaux, for discussion. Councilperson Arceneaux asked the City Manager to provide a brief explanation as to what this resolution entails and from what budget the funds are being allocated from. City Manager Ford explained that this item pertains to the Safe Route To Schools Grant in the amount of $996,000; additionally this street repair project will expand from El Segundo to Rosecrans on Wilmington Boulevard. The City will also add an additional $600,000 to the project. On motion by Arceneaux, seconded by Sharif, Resolution # 24,205 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH CIVIL SOURCE, INC., TO PROVIDE DESIGN SERVICES FOR THE WILMINGTON AVENUE SAFE STREETS PEDESTRIAN/BICYCLE IMPROVEMENT PROJECT AT A COST NOT TO EXCEED $84,050" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan 19. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO RENEW THE PROFESSIONAL SERVICES CONTRACT WITH STRATEGIC COUNSEL PLC FOR STATE LEGISLATIVE AND ADVOCACY SERVICES FOR FISCAL YEAR 2015-2016 ($109,000) It was moved by Zurita, seconded by Arceneaux, for discussion. Mayor Brown asked that this item be removed on behalf of Councilperson Galvan. Councilperson Sharif expressed a concern for the difference in services and costs provided by Strategic Counsel PLC compared to other state lobbyists. Councilperson Zurita stated that she is satisfied with the firm's performance and called for the question. On motion by Zurita, seconded by Arceneaux, Resolution # 24,206 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO RENEW THE PROFESSIONAL SERVICES CONTRACT WITH STRATEGIC COUNSEL PLC FOR STATE LEGISLATIVE AND ADVOCACY SERVICES FOR FISCAL YEAR 2015-2016 ($109,000)" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan 20. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO EITHER A TWENTY (20) YEAR LEASE AGREEMENT WITH SOLEDAD ENRICHMENT ACTION, INC. OR A THREE (3) YEAR LEASE AGREEMENT WITH MID-CITIES ASSOCIATION FOR RETARDED CITIZENS, INC. FOR CITY-OWNED PROPERTY LOCATED AT 600 NORTH ALAMEDA STREET Councilperson Zurita stated that she received an email from Soledad Enrichment Action, Inc. withdrawing their request to enter into an exclusive negotiation agreement with the City of Compton for the property located at 600 North Alameda. Mayor Brown proposed that the City establish a standard "Request For Proposal" procedure when entering into an exclusive negotiation agreement with organizations requesting a lease for City-owned properties. Councilperson Arceneaux and Councilperson Sharif articulated their support for the Mayor's recommendation. City Manager Ford made note that the City received two proposals for 600 North Alameda and asserted that he believes the proposal from Mid-Cities is a good deal for the City of Compton. Councilperson Zurita expressed a concern for the need for infrastructure repairs at 600 North Alameda; and suggested the lease terms be extended to ten years versus three years if the organization agrees to perform those repairs. Councilperson Arceneaux inquired about any significant liabilities to the City as it relates to what Councilperson Zurita stated. Van Wilson, General Services Director, stated that 600 North Alameda was occupied by the City up until last month, after which the Housing Department relocated to reduce utility and staffing costs and to give the City an opportunity to lease the building out to an organization. Mr. Wilson further noted that his inspection of the building did not detect any lead however Building and Safety can perform an additional inspection on the building if requested. Councilperson Sharif recommended an additional inspection to ensure that there is no asbestos or lead in the building. On motion by Sharif, seconded by Arceneaux, Resolution # 24,207 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO EITHER A THREE (3) YEAR LEASE AGREEMENT WITH MID-CITIES ASSOCIATION FOR RETARDED CITIZENS, INC. FOR CITYOWNED PROPERTY LOCATED AT 600 NORTH ALAMEDA STREET" was approved, by the following vote on roll call: AYES: Council Members - Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan ABSTAIN: Council Members: Zurita Councilperson Zurita abstained from voting, citing that the process did not start out fair and that the other party did not notify the City of their request to withdraw from proposal process. 21. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE ISSUANCE AND SALE OF TAX AND REVENUE ANTICIPATION NOTES FOR FISCAL YEAR 2015-16 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $10,000,000, AUTHORIZING THE EXECUTION AND DELIVERY OF THE TRUST AGREEMENT, THE ACCOMPANYING DOCUMENT, THE DIRECTION LETTER, THE NOTE PURCHASE AGREEMENT, THE PRELIMINARY LIMITED OFFERING MEMORANDUM, THE LIMITED OFFERING MEMORANDOM, THE TAX AGREEMENT, THE INVESTOR LETTER, APPROVING NOT TO EXCEED PARAMETERS FOR THE NOT TO EXCEED PAYMENT TERMS OF THE SERIES 2015-16 TRANS, THE ADOPTION OF POST ISSUANCE TAX COMPLAINCE PROCEDURES AND AUTHORIZING OTHER RELATED MATTERS Craig Walker, IFS Securities, presented a PowerPoint presentation on the proposed issuance and sale of Tax and Revenue Anticipation Notes (TRANS) for Fiscal Year 2015-2016. City of Compton, CA Proposed Refunding & Restructuring, Series 2015 Total General Fund Budget $57,111,561 LA Sheriff $19,259,604 = 34% Operations & Maintenance $ 7,842,304 = 14% Debt Service $ 6,230,000 = 11% _______________________________________________________________ Total Fixed Costs $33,337,908 = 59% Employee Salaries $23,779,041 = 41% Sales Tax @1.00% (One Cent) = $ 6,902,358 $1.00 Per $10 spent, $10 Per $100 Spent Sales Taxes will typically capture between 20%-30% of revenue from people who live outside of Compton. Top 5 Components of Sales Tax : Service Stations Building Materials Restaurants Apparel Stores Food Markets Issuer City of Compton, California City of Compton, California City of Compton, California City of Compton, California Type 2012-13 Tax and Revenue Anticipation Notes, Series A 2013-14 Tax and Revenue Anticipation Notes, Series A 2014-15 Tax and Revenue Anticipation Notes, Series A 2015-16 Tax and Revenue Anticipation Notes, Series A $963,000 $754,865 $736,981 $600,823 $491, 437 Rate Yield Year 3.75% 11.113% 2012-13 3.75% 4.054% 2013-14 2.75% 2.75% 2014-15 2.25% 2.25% 2015-16 Mayor Brown recognized Mr. Walker for all of his efforts to promote the positive attributes that Compton has to offer financial institutions through its world-wide brand recognition. Mayor Brown stated that she would like to discuss whether or not the will of the council is to reconsider the one-cent sales tax ballot measure sometime this week due to the deadline to get the item on the ballot. On motion by Zurita, seconded by Arceneaux, Resolution # 24,208 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE ISSUANCE AND SALE OF TAX AND REVENUE ANTICIPATION NOTES FOR FISCAL YEAR 2015-16 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $10,000,000, AUTHORIZING THE EXECUTION AND DELIVERY OF THE TRUST AGREEMENT, THE ACCOMPANYING DOCUMENT, THE DIRECTION LETTER, THE NOTE PURCHASE AGREEMENT, THE PRELIMINARY LIMITED OFFERING MEMORANDUM, THE LIMITED OFFERING MEMORANDUM, THE TAX AGREEMENT, THE INVESTOR LETTER, APPROVING NOT TO EXCEED PARAMETERS FOR THE NOT TO EXCEED PAYMENT TERMS OF THE SERIES 2015-16 TRANS, THE ADOPTION OF POST ISSUANCE TAX COMPLIANCE PROCEDURES AND AUTHORIZING OTHER RELATED MATTERS" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan 22. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING IN KIND CONTRIBUTIONS IN SUPPORT OF THE 12TH ANNUAL COMPTON STAND DOWN FOR VETERANS SEPTEMBER 26-28, 2015 On motion by Sharif, seconded by Arceneaux, Resolution # 24,209 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING IN KIND CONTRIBUTIONS IN SUPPORT OF THE 12TH ANNUAL COMPTON STAND DOWN FOR VETERANS SEPTEMBER 26-28, 2015" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan 23. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON IN FULL SUPPORT OF THE PROPOSALS BY THE ASSOCIATION FOR LOS ANGELES DEPUTY SHERIFFS (ALADS) TO RESTORE THE COMPETITIVE PAY AND BENEFITS FOR DEPUTY SHERIFF PERSONNEL TO RECRUIT, HIRE, TRAIN AND DEPLOY THE BEST QUALIFIED INDIVIDUALS TO HELP PROVIDE THE HIGHEST PUBLIC SAFETY SERVICES FOR THE RESIDENTS AND BUSINESSES OF THE CITY OF COMPTON Councilperson Arceneaux asked the City Manager if the restored pay and benefits will be passed on to the respective cities these law enforcement officials serve. City Attorney Cornwell reported that there is no plan to redirect any funds to the cities served, the Sheriff unions are in negotiations dealing with competitive pay and they are seeking City support for their efforts to restore competitive pay and benefits to deputy sheriff personnel. On motion by Zurita, seconded by Arceneaux, Resolution # 24,210 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON IN FULL SUPPORT OF THE PROPOSALS BY THE ASSOCIATION FOR LOS ANGELES DEPUTY SHERIFFS (ALADS) TO RESTORE THE COMPETITIVE PAY AND BENEFITS FOR DEPUTY SHERIFF PERSONNEL TO RECRUIT, HIRE, TRAIN AND DEPLOY THE BEST QUALIFIED INDIVIDUALS TO HELP PROVIDE THE HIGHEST PUBLIC SAFETY SERVICES FOR THE RESIDENTS AND BUSINESSES OF THE CITY OF COMPTON" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan 24. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE INITIATION OF WORK FOR THE ISSUANCE AND SALE OF BONDS TO REFUND PUBLIC FINANCE AUTHORITY LEASE REVENUE BONDS (REFUNDING AND VARIOUS CAPITAL PROJECTS), SERIES 2008, THE REALLOCATION OF MONEYS IN THE 2008 PROJECT FUND THEREOF, THE EXECUTION OF PROFESSIONAL SERVICE CONTRACTS ALL IN CONNECTION WITH THE ISSUANCE OF SUCH REFUNDING BONDS AND FOR OTHER PURPOSES On motion by Arceneaux, seconded by Zurita, Resolution # 24,211 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE INITIATION OF WORK FOR THE ISSUANCE AND SALE OF BONDS TO REFUND PUBLIC FINANCE AUTHORITY LEASE REVENUE BONDS (REFUNDING AND VARIOUS CAPITAL PROJECTS), SERIES 2008, THE REALLOCATION OF MONEYS IN THE 2008 PROJECT FUND THEREOF, THE EXECUTION OF PROFESSIONAL SERVICE CONTRACTS ALL IN CONNECTION WITH THE ISSUANCE OF SUCH REFUNDING BONDS AND FOR OTHER PURPOSES" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan 25. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING ASSIGNMENT OF DELINQUENT TAX RECEIVABLES TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR PRIOR FISCAL YEARS, AND AUTHORIZING EXECUTION AND DELIVERY OF RELATED DOCUMENTS AND ACTIONS It was moved by Zurita, seconded by Arceneaux, for discussion. Councilperson Zurita asked the City Manager if this company will be acting as a bill collector on behalf of the City. Kelly Montgomery, Assistant City Manager, replied affirmatively. Councilperson Zurita inquired about the process in which this company was selected to perform these duties. Ms. Montgomery explained that this company presented themselves to the City of Compton; and has a similar agreement with the Compton Unified School District. City Council voiced a concern for how and where funds recovered will be deposited. Councilperson Zurita motioned to amend this resolution to include the following language: the City Controller shall identify a dedicated bank account and fund account to retain 50% of proceeds at all times received from California Statewide Communities Development Authority. On motion by Zurita, seconded by Brown (who stepped away from the chair), Resolution # 24,212 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING ASSIGNMENT OF DELINQUENT TAX RECEIVABLES TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR PRIOR FISCAL YEARS, AND AUTHORIZING EXECUTION AND DELIVERY OF RELATED DOCUMENTS AND ACTIONS" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan APPROVAL OF WARRANTS 26. Warrant #228581 - 7/8/15 - Image Management Systems Inc. - Digitization of Planning Records - $30,041.92 - Requested by: Building/Safety Warrant #228594 - 7/8/15 - Office Depot - Departmental Supplies - $493.63 - Requested by: Parks/Recreation Warrant #228611 - 7/8/15 - Staples Advantage - Office Supplies for Senior Center $1,888.45 - Requested by: Parks/Recreation Total Amount - $32,424.00 On motion by Zurita, seconded by Arceneaux, the warrants were approved, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan COUNCIL COMMENTS Councilperson Zurita offered the following communications/announcements: • Directed the City Manager to perform a street light outage survey in the First District. • Asked the City Manager to provide an update on the billboard reward process and whether or not the City has identified a location. • “Raise Lupus Awareness Celebrity Basketball Game for Peace" event will be held August 8, 2015 beginning at 1 p.m. at Compton Community College. • “Courage To Be Confident Presents: Be Fearless for Girls" event will be held Friday, July 31, 2015 from 4 p.m. to 7 p.m. • "First District Annual Backpack Bonanza" event will be held Saturday, August 8, 2015 from 10 a.m. to 1 p.m. at Gonzales Park. • “VFW Post 5394 4th Annual Linen Party" hosted by the Women's Auxiliary organization will be held Saturday, August 29, 2015 beginning at 8 p.m. For more information call Tony Barnett at (562) 794-4660. • After publicly expressing concerns for and researching the item, Councilperson Zurita asked the City Attorney to retract her vote from resolutions related to Press Juicery approved May 12, 2015 and June 16, 2015. • Asked that funds be identified to hire legal counsel for members of the City Council. Councilperson Sharif offered the following communications/announcements: • Offered a statement on behalf of the constituents assuring them that she will continue to listen, answer their questions, and act independently. Mayor Brown offered the following communications/announcements: • Langston Legal Clinic will be hosting a "Know Your Rights" community forum to be held Saturday, August 1, 2015 from 9 a.m. to 2:30 p.m. • Commented on the success of the “Young Man & Peace Office Dialogue" event hosted by Los Angeles Board Supervisor Mark Ridley Thomas. • Crossroads Methodist Church will be hosting expungement clinics Saturday, August 15, 2015 and Saturday, August 22, 2015. For more information please call (310) 639-3136. *Councilperson Arceneaux exited the meeting at 11:13 p.m. • "Read Where You Are Day" will be held Wednesday, July 29, 2015 at the Compton Courthouse (stories will be read by the Honorable Judge Kelvin Filer). CITY COUNCIL MEETING EXTENDED On motion by Zurita, seconded by Sharif, the meeting was extended past the four-hour mark, by the following vote on roll call: AYES: Council Members - Zurita, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan, Arceneaux ADJOURNMENT On motion by Zurita, seconded by Sharif, the meeting was adjourned at 11:14 p.m., by the following vote on roll call: AYES: Council Members - Zurita, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan, Arceneaux ______________________________ City Clerk of the City of Compton __________________________ Mayor of the City of Compton SEPTEMBER 1, 2015 The City Council meeting was called to order at 3:40 p.m. in the Council Chambers of City Hall by Mayor Aja Brown. The Pledge of Allegiance and Moment of Silence ceremonies was also led by Mayor Aja Brown. ROLL CALL Council Members Present: Council Members Absent: Zurita, Galvan, Arceneaux, Sharif, Brown None Other Officials Present: C. Cornwell, A. Godwin, J. Ford City Attorney Cornwell acknowledged the scrutiny of the City of Compton's payment structure for Compton Mayor and Council members by the Los Angeles County District Attorney's Office. Mr. Cornwell made note that the addition of commissions and boards began in 1975. Mr. Cornwell went on to state that it is the opinion of the City Attorney's Office that the payment structure is in conformance to a legally-recognized method of interpretation of the City Charter and case law. Subsequently, Mr. Cornwell referenced a meeting with the District Attorney's Office, wherein they exchanged legal view points on these issues and ultimately agreed to disagree. Moving forward, Mr. Cornwell stated that he is confident that this matter will be resolved cooperatively and in a manner sufficient to all parties involved. Additionally, citizens can expect proposed provisions to council and board structures. PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS Robert Ray, Compton resident, petitioned the members of the City Council to request an explanation of Item No. 4. He went on to state that approximately five years ago the City Council approved the purchase of a printing press for approximately $500,000. He questioned how the City could afford to purchase two printing presses during a fiscal deficit. He indicated that the citizens were not fiscally prepared to pay anyone to be a full-time mayor and made note that the two previous mayors had full-time jobs and still performed their mayoral duties. Frederick James Staves, Compton resident, spoke in support of the proposed one-cent sales tax ballot measure, citing benefits to repaving the City's streets, job training, and gang prevention programs. Patricia Simpson, Compton resident, spoke in opposition to the current and proposed City Council compensation package and any proposal that makes the mayor's position a full-time position. She went on to state that she believes Mayor Brown is here to destroy the City of Compton and that Councilperson Galvan lacks respect for the citizens of Compton. Ms. Simpson also claimed that Councilperson Arceneaux is working on her own behalf and that Councilperson Sharif is not qualified to make any decisions on behalf of the citizens. She contended that Compton's City Council is here for the money and lacks genuine concern for the citizen’s well-being. Willie McReynolds, Compton resident, declared that Councilperson Galvan lost all of his credibility when he left the August 4, 2015 special meeting at the behest of another elected official. He maintained that the City Attorney should have called for the meeting that day when three members of the City Council were present. Mr. McReynolds also blamed the current administration for getting rid of one of the only two first class grocery stores in the City of Compton. Marie Hollis, President of the Concerned Citizens of Compton Committee, petitioned the members of the City Council to ensure that they include each other and work cooperatively when making decisions on behalf of the citizens of Compton. She went on to state that she and many of the other residents were offended by a high profile individual when they referred to Compton residents as being unlearned and having a welfare mentality. She asked that the Compton City Council first evaluate the current state of the City before making decisions on behalf of the citizens of Compton. Reverend Anton Curtis, Compton evangelist, warned the citizens of Compton that God will judge them on their actions seen and unseen. Gilda Bluford, Compton resident, asked the City Council to address why the City of Compton was in the newspaper every day during the month of August. She went on to suggest that the City Council make every effort to extend the hours of City Hall, fix the City's streets, maintain the City's landscape, and bus schedule before considering requesting additional funds from the citizens. Patricia Simpson, Compton resident, stated that the citizens of Compton do not support the proposed one-cent sales tax measure due to concerns for voter fraud. She went on to suggest a movement to change the frequency of the meetings to twice per month, taking away health benefits and car allowances. She further maintained that she was offered a commission job to shut her up and alleged that this administration lies, cheats, and steals. Michael Turner, Compton resident, requested the presence of a stenographer during court proceedings involving the City of Compton. He went on to thank the City Manager for successfully repaving his street and sidewalk. He also thanked the Sheriffs' Department for quickly responding to the shooting incidents on his street. Will Scott, Compton resident, complained that the scheduled time for the first and third City Council meetings are inconveniently arranged making it difficult for young working citizens to attend. He went on to state that he is disappointed in the fact that he only hears one person on the dais establishing policy and doing most of the talking in the media. He made mention of another concern of his regarding one gentleman in the audience always personally attacking women speakers. Yesenia Lucio, Latino Lives Matter, asked that the City assist her in the permit process to host a peace march in the City of Compton in remembrance of her brother and other people that have lost their lives due to senseless gang violence. Val Dudley, Compton resident, stated that she had hopes that Mayor Brown would focus her time and attention on lowering the resident's water bills during the month of August. She went on to state that she does not trust or understand the mayor and the way in which she represents the City of Compton in the media. She further pleaded with Mayor Brown to change her way of thinking and reconsider the amount of resources she is requesting. David Colbert, Compton resident, maintained that Mayor Brown is the best thing that has happened to the City of Compton since 1985. He indicated that the crime rate is down and that businesses are returning to Compton. He went on to encourage Mayor Brown on a job well done and to keep up the good work. He went on to speak in support of full-time elected officials, Mayor Brown's ideals for Compton, and efforts to change the image of Compton. Bishop L.J. Guillory, Compton resident, challenged the citizens of Compton to discern the information disseminated by other citizens making disparaging remarks about elected officials. Joyce Kelly, Compton resident, stated that she remembers witnessing a blatant misuse of power when Councilperson Galvan was asked by another elected official to leave the August 4, 2015 special meeting. She stated that this matter should have been handled by the City Attorney and asked that he address Section 54952.2(b). In addition, she made comments in regards to the safety of the City and the firefighter’s salary. Lynn Boone, Compton resident, made reference to Item No. 6 on the agenda and advised the City Council to hire a company with experience. She went on to state that the dollar amounts on that resolution are different from the contract amount on Item No. 7. She further requested that Item Nos. 9 and 10 be removed because both charges are out of the range of what the equipment actually costs. She spoke in support of a comprehensive study on the cost effectiveness of purchasing reprographics equipment. She also alleged that the current City Manager is setting up the assistant city manager position for himself. Pat Moore, Compton resident, encouraged the citizens to support, trust, and respect the elected officials as they make decisions on behalf of the City. CONSENT AGENDA On motion by Arceneaux, seconded by Zurita, the Consent Agenda was approved, by the following vote on roll call: AYES: Council Members - Zurita, Galvan, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - None CITY MANAGER/CITY ATTORNEY/CITY TREASURER REPORTS 1. INVESTMENT REPORT - June 30, 2015 (Received/Filed) HUMAN RESOURCES 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 24,175 AND ESTABLISHING THE HOLIDAY SCHEDULE FOR CITY EMPLOYEES FOR FISCAL YEAR 2015 - 2016 (Resolution #24,213) END CONSENT AGENDA REGULAR AGENDA CITY MANAGER’S REPORT 3. A REQUEST TO SCHEDULE A PUBLIC HEARING TO ADOPT A RESOLUTION INCREASING THE BUILDING AND SAFETY DEPARTMENT PERMIT AND INSPECTION FEES Councilperson Galvan inquired about the reason to increase the fees. City Manager Ford stated that the City is well below market as it relates to inspection fees, which have not been revised since 2002; in addition the City could have charged over $500,000 to the developers of the brickyard project however because of the current fee structure the City could only charge $199,000. Councilperson Galvan expressed a concern for the new fee structure deterring small business owners from coming to Compton. City Manager Ford stated that the fees will be revised to the level of the surrounding cities and should not deter small business owners from coming to Compton. Councilperson Zurita asked the City Manager if he hired a building and safety director. City Manager Ford answered that the City is in the process of interviewing potential candidates for the position. Councilperson Zurita expressed a concern for the City increasing its permit and inspection fees without a building and safety director in place to oversee and regulate the fee structure. City Manager Ford illustrated the difference between establishing and revising the City's fee structure and hiring a building and safety director. On motion by Arceneaux, seconded by Zurita, the public hearing was scheduled for Tuesday, September 22, 2015 at 6:00 p.m., by the following vote on roll call: AYES: Council Members - Arceneaux, Sharif, Brown NOES: Council Members - Zurita, Galvan ABSENT:Council Members - None 4. REQUEST TO APPOINT INDEPENDENT LEGAL COUNSEL REPORTING DIRECTLY TO CITY COUNCIL (Action Item) Councilperson Zurita stated that she understands that she is responsible for her own actions but when it relates to legal issues coming across the dais it concerns her not to have legal counsel that protects her best interest. City Attorney Cornwell directed the City Council to Section 702(A) of the City Charter and declared that the City Council cannot remove the duties from an elected official's position. Councilperson Galvan made mention of the current newspaper articles regarding the council’s salaries and the fact that no one informed him that it was illegal to receive compensation for commission meetings. Mr. Galvan went on to state that he received authorization from the City Attorney to cash his commission check even after receiving a letter to cease and desist commission meetings. Councilperson Zurita stated that she recalls emailing the City Attorney on August 17, 2015, asking him how she can legally rescind a vote; and still has yet to receive a response she believes is sufficient. Councilperson Arceneaux asked the City Attorney if the City Council can have an attorney on retainer. City Attorney Cornwell replied affirmatively. Councilperson Sharif asked the City Attorney if there is a conflict of interest between his office and the attorneys, and whether or not the attorneys on the list can be consulted as needed. City Attorney Cornwell answered that there is no conflict of interest and confirmed the approval of the attorneys list. Councilperson Zurita articulated the importance of legal representation for each council member to ensure that requests from outside agencies are approved by someone with a background in law. Mayor Brown spoke in agreement with the City Attorney's recommendation and opinion of the law. Members of the City Council discussed the agenda process and whether or not favoritism exists for certain elected officials; and pay structure for the positions of City Treasurer, City Attorney and City Clerk. Councilperson Arceneaux asked that this item be brought back with a legal opinion on the opinion provided by the City Attorney to ensure clarity on the parameters for hiring outside counsel. Councilperson Galvan called for the vote. On motion by Zurita, seconded by Galvan, the REQUEST TO APPOINT INDEPENDENT LEGAL COUNSEL REPORTING DIRECTLY TO CITY COUNCIL was denied, by the following vote on roll call: AYES: Council Members - Zurita, Galvan NOES: Council Members - Arceneaux, Sharif, Brown ABSENT:Council Members - None Councilperson Zurita asked that this item be brought back as an agenda item with the requested documentation. City Manager Ford answered that staff would need at least two weeks to prepare the background documentation. Councilperson Zurita asked that this item return as a closed session item next week. City Attorney Cornwell stated that this item does not qualify as a closed session item but can be brought back to approve a particular action for legal counsel representation. CITY ATTORNEY’S REPORTS CLOSED SESSION 5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Thompson v. City of Compton, et al., LASC Case No. BC578299 Pursuant to California Government Code Section 54956.9(a) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION One (1) Potential Case Pursuant to California Government code Section 54956.9(b) On motion by Zurita, seconded by Arceneaux, closed session was approved, by the following vote on roll call: AYES: Council Members - Zurita, Galvan, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - None UNFINISHED BUSINESS - There was no Unfinished Business. NEW BUSINESS 6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH EVAN BROOKS ASSOCIATES FOR A SPEED ZONE STUDY OF STREETS WITH ENGINEERED SPEED CONTROLS ($40,000) Councilperson Arceneaux asked the City Manager if this company has expertise in the area of conducting speed zone studies. Glen Kau, Director of Public Works, replied affirmatively. On motion by Arceneaux, seconded by Zurita, Resolution # 24,214 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH EVAN BROOKS ASSOCIATES FOR A SPEED ZONE STUDY OF STREETS WITH ENGINEERED SPEED CONTROLS ($40,000)" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Galvan, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - None 7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH WILLIE FORGE TO OPERATE THE COMPTON PAR 3 GOLF COURSE AND LEASE THE COURSE PRO SHOP AND SNACK BAR FOR FISCAL YEAR 2015-2016 On motion by Zurita, seconded by Arceneaux, Resolution # 24,215 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH WILLIE FORGE TO OPERATE THE COMPTON PAR 3 GOLF COURSE AND LEASE THE COURSE PRO SHOP AND SNACK BAR FOR FISCAL YEAR 2015-2016" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Galvan, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - None 8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE FISCAL YEARS 2015-2016 AND 2016-2017 On motion by Zurita, seconded by Arceneaux, Resolution # 24,216 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE FISCAL YEARS 2015-2016 AND 2016-2017" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Galvan, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - None 9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A SALES AND MULTIYEAR MAINTENANCE AGREEMENT WITH HEIDELBERG USA, INC. FOR THE PURCHASE OF A SUPRASETTER A52 GEN III PLATE MAKER PROCESSOR ($156,146.23) (REAGENDAD) It was moved by Arceneaux, seconded by Sharif, for discussion. Councilperson Galvan stated that with the cost of purchasing this equipment, the City can outsource this service for a significant cost savings. John Phillips, Reprographics manager, maintained that it is more cost effective to purchase this equipment than to outsource the service because staff controls the cost. Mayor Brown recommended this item come back in two weeks with more information as to what reproduction does, what they can produce with this enhancement, and what resources can be offered to the community. Councilperson Arceneaux withdrew her motion. Councilperson Sharif withdrew her second. 10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO PURCHASE A CERTIFIED HEIDELBERG 10X15 PRINTING PRESS FROM AND ISSUE A PURCHASE ORDER TO APEX BUSINESS MACHINE SUPPLIES IN THE AMOUNT OF $93,800.00 (REMOVED) 11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO EXECUTE ALL MATTERS RELATING TO THE STATE OF CALIFORNIA ACTIVE TRANSPORATION PROGRAM CYCLE I GRANT PROJECT AND REQUEST FOR PAYMENT NECESSARY TO SECURE GRANT FUNDS THERETO WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION Mayor Brown requested a brief explanation on behalf of the residents. City Manager Ford stated that this item pertains to the Safe Route to Schools Grant issued in October 2014 from the state of California in the amount of $996,000 to be used on Wilmington from Rosecrans to El Segundo. At present, staff is establishing the detail plans for construction. On motion by Sharif, seconded by Arceneaux, Resolution # 24,217 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO EXECUTE ALL MATTERS RELATING TO THE STATE OF CALIFORNIA ACTIVE TRANSPORTATION PROGRAM CYCLE I GRANT PROJECT AND REQUEST FOR PAYMENT NECESSARY TO SECURE GRANT FUNDS THERETO WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Galvan, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - None 12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 24,145 AND APPROVE AN AMENDMENT TO THE POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATIONS FOR HUMAN RESOURCES SPECIALIST, HUMAN RESOURCES ANALYST AND DIRECTOR OF COMMUNITY DEVELOPMENT (REMOVED PER STAFF) 13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ESTABLISHING SALARY RANGES AND FRINGE BENEFITS FOR EMPLOYEES IN UNREPRESENTED CLASSIFICATIONS Mayor Brown asked the City Manager to provide a brief summary on behalf of the residents. City Manager Ford stated that the City has already entered into contract with all labor groups, however, this is the last group of employees designated as being unrepresented classifications. Kareemah Bradford, Director of Human Resources, explained the logistics for the establishment of salary ranges and updated benefits schedules for all employee classifications. On motion by Arceneaux, seconded by Sharif, Resolution # 24,218 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ESTABLISHING SALARY RANGES AND FRINGE BENEFITS FOR EMPLOYEES IN UNREPRESENTED CLASSIFICATIONS" was approved, by the following vote on roll call: AYES: Council Members - Galvan, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - None ABSTAIN: Council Members - Zurita 14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON URGING THE GOVERNOR AND LEGISLATURE TO PROVIDE NEW SUSTAINABLE FUNDING FOR STATE AND LOCAL TRANSPORTATION INFRASTRUCTURE IN THE GOVERNOR’S SPECIAL SESSION On motion by Sharif, seconded by Arceneaux, Resolution # 24,219 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON URGING THE GOVERNOR AND LEGISLATURE TO PROVIDE NEW SUSTAINABLE FUNDING FOR STATE AND LOCAL TRANSPORTATION INFRASTRUCTURE IN THE GOVERNOR'S SPECIAL SESSION" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Galvan, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - None 15. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO AMEND THE PROFESSIONAL SERVICE AGREEMENT WITH IMS CONSULTANTS FOR ADDITIONAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE STREET REHABILITATION PROJECT (CDBG #13-02) AND ISSUE A PURCHASE ORDER IN THE AMOUNT OF $136,886.30 Mayor Brown asked the City Manager if this construction management company will be operating on behalf of the City inspecting the work offered by a third party. City Manager Ford replied affirmatively. Councilperson Sharif asked the City Manager if this company will also be inspecting the work for future street construction projects. City Manager Ford clarified that this company will only be inspecting the work for this particular project. *Councilperson Galvan exited the meeting at 6:09 p.m. On motion by Zurita, seconded by Galvan, Resolution # 24,220 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO AMEND THE PROFESSIONAL SERVICE AGREEMENT WITH IMS CONSULTANTS FOR ADDITIONAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE STREET REHABILITATION PROJECT (CDBG #13-02) AND ISSUE A PURCHASE ORDER IN THE AMOUNT OF $136,886.30i" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan 16. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA BOARD OF EQUALIZATION FOR THE COLLECTION OF UTILITY USERS TAX ON PREPAID WIRELESS TELEPHONY Councilperson Zurita asked the City Manager to provide an explanation on the logistics of this item in monetary terms. City Manager Ford explained that the California Assembly as part of AB1717 decided to pass, as part of the utility users' tax, a tax that can be assessed to prepaid wireless cellular telephone purchases. Kelly Montgomery, Assistant City Manager, also stated that this resolution allows the City Manager to enter into an agreement with the State Board of Equalization to collect utility users' tax monies from prepaid wireless cellular phones at the point of service effective January 1, 2016. Councilperson Zurita requested the anticipated revenue amount the City is expected to receive. Assistant City Manager Montgomery stated that the City expects to receive approximately $250,000 per year up to $400,000 based on the statewide increase average of 15% to 20%. Councilperson Zurita asked Ms. Montgomery if there were any restrictions as to how these funds can be spent. Assistant City Manager Montgomery indicated that there were no restrictions as to how these funds can be expended. On motion by Sharif, seconded by Arceneaux, Resolution # 24,221 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA BOARD OF EQUALIZATION FOR THE COLLECTION OF UTILITY USERS TAX ON PREPAID WIRELESS TELEPHONY" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan 17. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER AND MUNISERVICES, LLC TO EXAMINE PREPAID MOBILE TELEPHONY SERVICES SURCHARGE AND LOCAL CHARGE RECORDS FOR THE PURPOSE OF CONFIRMING THE PROPER REMITTANCE OF CHARGES BY RETAILERS. On motion by Arceneaux, seconded by Sharif, Resolution # 24,222 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER AND MUNISERVICES, LLC TO EXAMINE PREPAID MOBILE TELEPHONY SERVICES SURCHARGE AND LOCAL CHARGE RECORDS FOR THE PURPOSE OF CONFIRMING THE PROPER REMITTANCE OF CHARGES BY RETAILERS" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan COUNCIL COMMENTS Councilperson Zurita offered the following communications/announcements: • Recognized the Parks and Recreation staff for ensuring the success of this year's summer youth programs. • Recognized Pastor Fisher & Los Angeles Sheriffs' Department for their efforts to make "Push 100" a successful event. • Asked the City Manager to verify whether or not the Dial-A-Ride program is still functional. • Requested the policy and procedures for the noise ordinance and how it is enforced throughout the community. • "4th Annual Walk for a Cure" will be held Saturday, October 10, 2015. Registration is free and the event begins at 7 a.m. Parking is available at Walton Middle School. • Directed the City Manager to present her with the following items requested during the month of July: 1) Sibrie Park schedule 2) List of the streets that have been or will be paved, restructured, or slurry-sealed in the First District 3) Report on positioning monitors in the Council Chambers 4) Status of the camera surveillance project 5) Information on billboards 6) City's standing with Los Angeles County Animal Control Department Meeting adjournments Mr. & Mrs. Otha Ray Scott Markwell Williams Smith Shirley Jean Davis Beverly Jeanette Hanks Elise McMillian William Theodore Kemp Jr. Councilperson Arceneaux offered the following communications/announcements: • Asked the Fire Chief to shed light on the City’s disaster preparedness readiness plan, in light of the recent earthquake centered in the City of Compton. • Bryan Batiste, Interim Fire Chief, introduced the Compton Fire Department's operational plan which explains and offers information as to how the fire department operates and collaborates with its community outreach groups locally and regionally in the event of a natural disaster. Mr. Batiste stated that pamphlets and brochures are available at each of the local fire stations and also distributed at the various townhall meetings. • “Third District Townhall Meeting” will be held Thursday, September 10, 2015 at Burrell McDonald Park from 6 p.m. to 8 p.m. Topics of discussion include: crime statistics and the rehabilitation of Central Avenue. Meeting adjournments Alberta Golden Councilperson Sharif offered the following communications/announcements: • "4th District Community Meeting" will be held September 24, 2015 at Kelly Park from 6 p.m. to 7:30 p.m. Topics include: the development of 4th District community goals and priorities, establishment of a community advisory board and community project management board. • "4th District Business Roundtable" will be held Thursday, October 22, 2015. Meeting adjournments Cleo Turner Mayor Brown offered the following communications/announcements: • Commented on the success of the N.W.A. Straight Outta Compton world premiere staff outing wherein 100 staff member participated. • 100 Compton College students visited the YouTube Space to see the N.W.A. Straight Outta Compton premiere and ask questions to the panel of original members of the group and the cast of the movie. • Thanked the Crossroads United Methodist Church for helping 100 Compton residents expunge their records. • Participated in Greater Zion's Push 100 event last Friday. • Recognized Councilperson Galvan on the success of his backpack giveaway event. • “Foster & Adoptive Parent Recruitment Event” will be held Saturday, September 19, 2015 from 11 a.m. to 1 p.m. at the Dollarhide Community Center. For more information please call (888) 811-1121. • Recognized and congratulated Melvin Lewis who was recently accepted to the University of Kentucky. • Anyone interested in participating in the voter-led petition to put the one-cent sales tax measure on the ballot should contact the Mayor's Office at (310) 605-5597. • “Compton Station Open House” will be held Saturday, September 19, 2015 at the Sheriffs’ Station from 11 a.m. to 3 p.m. The event will include: free food, jumpers, face painting and other fun activities. THE CITY COUNCIL MEETING RECESSED TO CLOSED SESSION On motion by Zurita, seconded by Arceneaux, the meeting recessed to closed session at 7:36 p.m., by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan The meeting reconvened from closed session at 9:04 p.m. REPORT OUT OF CLOSED SESSION City Attorney Cornwell reported out that council met in closed session regarding conference with legal counsel - existing litigation; Thompson v. City of Compton, et al., LASC Case No. BC578299. No reportable action was taken pursuant to California Government Code Section 54956.9(a). In the case regarding conference with legal counsel - anticipated litigation One (1) Potential Case: No reportable action was taken pursuant to California Government code Section 54956.9(b). ADJOURNMENT On motion by Zurita, seconded by Arceneaux, the meeting was adjourned at 9:05 p.m. in memory of Mr. & Mrs. Otha Ray Scott, Markwell Williams Smith, Shirley Jean Davis, Beverly Jeanette Hanks, Elise McMillian, William Theodore Kemp Jr. and Alberta Golden, by the following vote on roll call: AYES: Council Members - Zurita, Arceneaux, Sharif, Brown NOES: Council Members - None ABSENT:Council Members - Galvan ______________________________ City Clerk of the City of Compton __________________________ Mayor of the City of Compton DATE: SEPT 15, 2015 TO: MAYOR AND COUNCIL MEMBERS FROM: CITY TREASURER SUBJECT: INVESTMENT REPORT IN ORDER TO COMPLY WITH STATE LAW AND THE CITY’S INVESTMENT POLICY, THE ATTACHED REPORT ACCURATELY REFLECTS ALL POOLED INVESTMENTS HELD ON BEHALF OF THE CITY AND SUCCESSOR AGENCY AS OF JULY 31, 2015. DOUGLAS SANDERS CITY TREASURER City Treasurer’s Investment Report July 31, 2015 This report reflects all pooled investments in conformity with the investment policy adopted by the City Council Gov Code 53646(b) (3)). The monthly investment report must state the ability of the agency to meet its expenditure requirements for the next six months or provide an explanation as to why sufficient cash funds may or may not be available. The investment program should provide sufficient cash to meet six months of estimated expenditures; there should be sufficient cash available. In July 2015 the City is in the final parts in completing another TRAN’s transaction of approximately $10 million with the balance due in June 2016. As of July 31, 2015, the first month of the new Fiscal Year, the City had an estimated total in the General City Bank account plus LAIF accounts of $14.7 million. At the time of this report approximately $2.9 million in outstanding warrants was to be paid to vendors. Our PERS balance is approximately $4.6 million as of the date of this report. Interest rates continue to be very low due to the Fed Fund rate being below ¼ of 1% or .25%. In previous Fed meetings they stated to continue to keep the fed rates below ¼ of 1%, however there could be a rate increase by the end of the year. The City of Compton’s next property tax revenue is in December of this fiscal year 2015/2016. The TRANS balance was paid off in the month of June 2015. Also early in the next fiscal year the City will have major Bond payments in August and September 2015. Over the last 4 years, our City continues in meeting its obligations to the vendors on payments, due to the combined efforts of Management, The City Controller’s office, as well as The Treasurer’s office, contributing to the success of our City. The pricing of securities is done by Union Bank and Interactive Data Services. Moody Investor Service rates the State Pool Accounts AAA. September 15, 2015 TO: HONORABLE MAYOR AND COUNCIL MEMBERS FROM: CITY ATTORNEY RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING CHAPTER II OF THE COMPTON MUNICIPAL CODE TO DELETE SECTION 2-28 (HOUSING DEVELOPMENT COMMISSION) IN ITS ENTIRETY SUMMARY The City Council of the City of Compton (“Council”) have requested that an ordinance be brought forth for Council consideration and approval that will delete Section 2-28 of Chapter 2 of the Compton Municipal Code (“CMC”), which established the City of Compton Housing Development Commission (“Commission”), in its entirety so as to dissolve the Compton Housing Development Commission. BACKGROUND On January 19, 1999, the Council adopted Ordinance No. 2,018 (codified at Section 2-28 of the Compton Municipal Code), which created and established the Compton Housing Development Commission as the governing body of all Housing Development issues, including but not limited to land acquisition and assimilation for the construction of new housing; subsidized public housing security; and United States Housing and Urban Development Department (“HUD”) owned land transfers and acquisitions. Section 2-28.2 of the CMC provides that the Commission shall have five (5) members and delegated the Mayor and Council as the members of the Commission. STATEMENT OF ISSUE Pursuant to request of the Council, staff has reviewed the various other legislative bodies created over the years by the Council upon which the City Council members serve as the governing body of such legislative bodies, which has revealed that the scope of duties of the Housing Development Commission has significantly lessen since its creation. Thus, it is recommended that the Compton Housing Development Commission be dissolved. This action will maximize the limited time and resources of the City Council members and administrative staff in conducting the business of the City. Staff Report – Ordinance Deleting CMC Section 2-28 Elimination of Housing Development Commission September 15, 2015, page 2 ALTERNATIVE None presented. To maximize the limited time and resources of the City Council members and administrative staff in conducting the business of the City of Compton, the Commission should be dissolved. FISCAL IMPACT Potential savings to the City’s General Fund since the Housing Development Commission will be dissolved, savings use of staff resources and eliminating the compensation that would be paid to the Chairperson and other Commissioners. RECOMMENDATION It is recommended that the City Council adopt the attached Ordinance. CRAIG J. CORNWELL CITY ATTORNEY ORDINANCE NO. ________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING CHAPTER II OF THE COMPTON MUNICIPAL CODE TO DELETE SECTION 2-28 (HOUSING DEVELOPMENT COMMISSION) IN ITS ENTIRETY WHEREAS, on January 19, 1999, the City Council adopted Ordinance No. 2,018 (codified at Section 2-28 of the Compton Municipal Code), which created and established the Compton Housing Development Commission as the governing body of all Housing Development issues, including but not limited to land acquisition and assimilation for the construction of new housing; subsidized public housing security; and United States Housing and Urban Development Department (“HUD”) owned land transfers and acquisitions; and WHEREAS, pursuant to Section 2-28.2 of the Compton Municipal Code, the Commission shall have five (5) members and delegated the Mayor and Council as the members of the Commission; and WHEREAS, pursuant to the request of the Council, staff has reviewed the various legislative bodies created over the years by the Council upon which the City Council members serve as the governing body of such legislative bodies, which has revealed that the scope of duties of the Housing Development Commission has significantly lessen since its creation, thus, to maximize the limited time and resources of the City Council members and administrative staff in conducting the business of the City, the Council desires to dissolve the Compton Housing Development Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE COMPTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That Section 2-28 (Housing Development Commission) of Chapter II of the Compton Municipal Code is hereby deleted in its entirety. Section 2. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance hereby adopted shall remain in full force and effect. Section 3. That a copy of this Ordinance shall be filed in the offices of the City Clerk, City Manager, City Attorney and City Controller. Section 4. adoption. That this Ordinance shall take effect thirty (30) days after its Section 5. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be published as required by law. ADOPTED this ____ day of ____________, 2015. ________________________________ MAYOR OF THE CITY OF COMPTON Ordinance No. _____ Page 2 ATTEST: ____________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON ) )ss ) I, Alita Godwin, City Clerk of the City of Compton hereby certify that the foregoing Ordinance was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the ____ day of _______________, 2015. That said Ordinance was adopted by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: COUNCIL MEMBERS– COUNCIL MEMBERS– COUNCIL MEMBERS– COUNCIL MEMBERS– ____________________________________ CITY CLERK OF THE CITY OF COMPTON RESOLUTION SIGN-OFF FORM DEPARTMENT: City Attorney RESOLUTION TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING CHAPTER II OF THE COMPTON MUNICIPAL CODE TO DELETE SECTION 2-28 (HOUSING DEVELOPMENT COMMISSION) IN ITS ENTIRETY (Second Reading) Ruth Rugley 9/3/2015 12:02:17 PM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 9/3/2015 12:55:45 PM CITY ATTORNEY DATE Stephen Ajobiewe 9/3/2015 12:54:44 PM CITY CONTROLLER DATE Johnny Ford 9/3/2015 12:53:22 PM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. September 15, 2015 TO: HONORABLE MAYOR AND COUNCIL MEMBERS FROM: CITY ATTORNEY RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING CHAPTER II OF THE COMPTON MUNICIPAL CODE TO DELETE SECTION 2-21 (GAMING COMMISSION) IN ITS ENTIRETY SUMMARY The City Council of the City of Compton (“Council”) have requested that an ordinance be brought forth for Council consideration and approval that will delete Section 2-21 of Chapter 2 of the Compton Municipal Code (“CMC”), which established the City of Compton Gaming Commission (“Commission”), in its entirety so as to dissolve the Compton Gaming Commission. BACKGROUND On September 28, 1993, the Council adopted Ordinance No. 1,905 (codified at Section 2-21 of the Compton Municipal Code), which created and established the Compton Gaming Commission as the governing body for the regular review of each bingo and card club license and permit, in addition to conducting public hearings in connection with such reviews, to assess compliance with conditions of the licenses and permits and compatibility of the operation(s) within the community. This Commission is also the designated legislative body to receive and process information from individuals and/or groups relating to gaming in the City of the operation of any particular card club or bingo game and carry out other functions delegated to it by the Council. Section 2-21.2 of the CMC provides that the City Council members are authorized to serve as the Compton Gaming Commission. STATEMENT OF ISSUE Pursuant to request of the Council, staff has reviewed the various legislative bodies created over the years by the Council upon which the City Council members serve as the governing body of such legislative bodies. Licenses and permits for the operation of bingo games and card club, by law may only be granted by the City Council. Staff has identified that bingo and card club license and permit reviews and other associated issues may be brought forth on Council meeting agendas, thus, to maximize the limited time and resources of Staff Report – Ordinance Deleting Section 2-21 CMC/Compton Gaming Commission September 15, 2015, page 2 the City Council members and administrative staff in conducting the business of the City, it is recommended that the Compton Gaming Commission be dissolved and the duties and matters currently delegated to the Commission be retained by the Council. ALTERNATIVE None presented. To maximize the limited time and resources of the City Council members and administrative staff in conducting the business of the City of Compton, the Commission should be dissolved. FISCAL IMPACT Potential savings to the City’s General Fund since the Gaming Commission will be dissolved, savings use of staff resources and eliminating the compensation that would be paid to the Chairperson and other Commissioners. RECOMMENDATION It is recommended that the City Council adopt the attached Ordinance. CRAIG J. CORNWELL CITY ATTORNEY ORDINANCE NO. ________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING CHAPTER II OF THE COMPTON MUNICIPAL CODE TO DELETE SECTION 2-21 (GAMING COMMISSION) IN ITS ENTIRETY WHEREAS, on September 28, 1993, the City Council adopted Ordinance No. 1,905 (codified at Section 2-21 of the Compton Municipal Code), which created and established the Compton Gaming Commission as the governing body for the regular review of each bingo and card club license and permit, in addition to conducting public hearings in connection with such reviews, to assess compliance with conditions of the licenses and permits and compatibility of the operation(s) within the community; and WHEREAS, the Gaming Commission is also the designated legislative body to receive and process information from individuals and/or groups relating to gaming in the City of the operation of any particular card club or bingo game and carry out other functions delegated to it by the City Council. WHEREAS, pursuant to Section 2-21.2 of the Compton Municipal Code, the City Council members are authorized to serve as the Compton Gaming Commission; and WHEREAS, pursuant to request of the Council, staff has reviewed the various legislative bodies created over the years by the Council upon which the City Council members serve as the governing body of such legislative bodies; and WHEREAS, staff has identified that bingo and card club license and permit reviews and other associated issues may be brought forth on Council meeting agendas, thus, to maximize the limited time and resources of the City Council members and administrative staff in conducting the business of the City, the Council desires to dissolve the Compton Gaming Commission and retain the duties and responsibilities currently delegated to the Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE COMPTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That Section 2-21 (Gaming Commission) of Chapter II of the Compton Municipal Code is hereby deleted in its entirety. Section 2. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance hereby adopted shall remain in full force and effect. Section 3. That a copy of this Ordinance shall be filed in the offices of the City Clerk, City Manager, City Attorney, City Treasurer and City Controller. Section 4. adoption. That this Ordinance shall take effect thirty (30) days after its Ordinance No. _____ Page 2 Section 5. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be published as required by law. ADOPTED this ____ day of ______________, 2015. ________________________________ MAYOR OF THE CITY OF COMPTON ATTEST: ____________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON ) )ss ) I, Alita Godwin, City Clerk of the City of Compton hereby certify that the foregoing Ordinance was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the ____ day of _______________, 2015. That said Ordinance was adopted by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: COUNCIL MEMBERS– COUNCIL MEMBERS– COUNCIL MEMBERS– COUNCIL MEMBERS– ____________________________________ CITY CLERK OF THE CITY OF COMPTON RESOLUTION SIGN-OFF FORM DEPARTMENT: City Attorney RESOLUTION TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING CHAPTER II OF THE COMPTON MUNICIPAL CODE TO DELETE SECTION 2-21 (GAMING COMMISSION) IN ITS ENTIRETY (Second Reading) Ruth Rugley 9/3/2015 11:50:34 AM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 9/3/2015 12:55:26 PM CITY ATTORNEY DATE Stephen Ajobiewe 9/3/2015 12:54:05 PM CITY CONTROLLER DATE Johnny Ford 9/3/2015 12:52:53 PM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. September 15, 2015 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: MARVIN C. HUNT, (INTERIM) DIRECTOR PARKS AND RECREATION DEPARTMENT SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON NAMING THE GYMNASIUM AT LUEDERS PARK COMMUNITY CENTER TO THE “DEMAR DEROZAN GYMNASIUM” SUMMARY Councilperson Issac Galvan has requested that a resolution be brought forth for City Council consideration and approval that will authorize the naming of the “Lueders Park Community Center Gymnasium” to the “Demar Derozan Gymnasium.” BACKGROUND On June 10, 2014, City Council adopted Resolution No. 23,958, which established the “City of Compton Policy Governing the Naming of City Owned Facilities and Land” (a copy of the Policy is attached). This policy outlines all of the necessary elements and steps of the policy and determines that the City Council shall authorize naming of Cityowned facilities and land after individuals who have made significant contributions to the Compton community. In August 2015, the Department of Recreation and Parks considered a request from Councilperson Galvan to name the Lueders Park Community Center gymnasium in honor of Demar Derozan. Lueders Park Community Center is a 6.0 acre community park located at 1500 East Rosecrans Boulevard, Compton, California 90220. The facility includes a gymnasium, lighted tennis courts, William Love Swimming Pool, multipurpose rooms, toddler and youth play area, picnic tables, as well as a variety of youth and adult recreation programs. While the policy provides that generally facilities and land will not be named for living persons, deviation from this restriction is allowed if the Council deems it appropriate and warranted based on the significant contributions of the honoree. STATEMENT OF THE ISSUE Councilperson Galvan believes that Demar Derozan has definitely served the City of Compton in an exceptional and distinguished manner. Mr. Derozan has proved himself to be a loyal Compton citizen by attending all three levels of his adolescent schooling in Staff Report – Resolution Renaming Lueders Park Community Center Gymnasium to the “Demar Derozan Gymnasium” September 15, 2015, page 2 the City, participated in several Parks and Recreation youth activities as a minor and chose to attend Compton High School even though he was recruited by several national public and private educational institutions. His athletic achievements helped the Compton High School boys’ basketball team, the Compton Unified School District, and the City of Compton gain positive national exposure as well as earning him the ranking of being the third highest ranked athletic recruit in the nation. Mr. Derozan’s achievements noted him to earn first-team Parade All-American and first-team Best in the West honors, member of the 2008 McDonald’s All-American Team and was later invited to play in the 2008 Jordan Brand Classic at Madison Square Garden and Nike Hoop Summit. Soon after graduating from Compton High School, he was awarded an athletic scholarship to play basketball for the University of Southern California. In one short amazing year, Mr. Derozan started all 35 games and scored in double figures in 28 of those contests. His 485 points ranks 3rd all-time and his 201 rebounds is 4th all-time for a USC freshman. Immediately following his first collegiate season, he was selected ninth (9th) overall in the 2009 National Basketball Association draft going to the Toronto Raptors. No matter how far Mr. Derozan basketball talents would take him away from Compton, he has always managed to show his loyalty and sincere appreciation to our great City. Each year since he has been a professional athlete, he has coordinated a free weeklong basketball camp for Compton youth. During the camp he has provided each participant with fundamental training, life skill discussions and camp apparel. He also hosts mentoring sessions at local parks when he is in the area, thus strengthening the nexus between Mr. Derozan and the City of Compton Parks & Recreation Department. Lastly, in a time when several professional athletes have made it difficult to build a relationship, Mr. Derozan has never wavered from letting people know where he grew up or what City he proudly calls home. FISCAL IMPACT It is anticipated that there will be minimal to no impact to the General Fund. Staff Report – Resolution Renaming Lueders Park Community Center Gymnasium to the “Demar Derozan Gymnasium” September 15, 2015, page 3 RECOMMENDATION No recommendation is offered by staff. Resolution presented for consideration and adoption pursuant to request of Councilperson Galvan. MARVIN C. HUNT, INTERIM DIRECTOR PARKS AND RECREATION DEPARTMENT APPROVED FOR FORWARDING: JOHNNY FORD CITY MANAGER RESOLUTION NO.____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON NAMING THE GYMNASIUM AT LUEDERS PARK COMMUNITY CENTER TO THE “DEMAR DEROZAN GYMNASIUM” WHEREAS, on June 10, 2014, City Council adopted Resolution No. 23,958, which established the “City of Compton Policy Governing the Naming of City Owned Facilities and Land” and outlines all of the necessary elements and steps of the policy and determines that the City Council shall authorize naming of City-owned facilities and land after individuals who have made significant contributions to the Compton community; and WHEREAS, Lueders Park Community Center is a 6.0 acre community park located at 1500 East Rosecrans Boulevard and includes, in addition to other facilities and programs, a gymnasium; and WHEREAS, Demar Derozan has served the City of Compton in an exceptional and distinguished manner in that he has proved himself to be a loyal Compton citizen by attending all three levels of his adolescent schooling in the City, participated in several Parks and Recreation youth activities as a minor and chose to attend Compton High School even though he was recruited by several national public and private educational institutions. His athletic achievements helped the Compton High School boys’ basketball team, the Compton Unified School District, and the City of Compton gain positive national exposure as well as earning him the ranking of being the third highest ranked athletic recruit in the nation; and WHEREAS, soon after graduating from Compton High School, Mr. Derozan was awarded an athletic scholarship to play basketball for the University of Southern California and in one short year, Mr. Derozan started all 35 games and scored in double figures in 28 of those contests. Immediately following his first collegiate season, he was selected ninth (9th) overall in the 2009 National Basketball Association draft going to the Toronto Raptors; and WHEREAS, no matter how far Mr. Derozan basketball talents would take him away from Compton, he has always managed to show his loyalty and sincere appreciation to our great City in that each year since he has been a professional athlete, he has coordinated a free week-long basketball camp for Compton youth. During the camp he has provided each participant with fundamental training, life skill discussions and camp apparel. He also hosts mentoring sessions at local parks when he is in the area, thus strengthening the nexus between Mr. Derozan and the City of Compton Parks & Recreation Department; and WHEREAS, in a time when several professional athletes have made it difficult to build a relationship, Mr. Derozan has never wavered from letting people know where he grew up or what City he proudly calls home; and WHEREAS, the City Council wishes to honor Mr. Demar Derozan and recognize the many and significant contributions he has made to the City of Compton by naming the Lueders Park Community Center Gymnasium to the “Demar Derozan Gymnasium.” Resolution No. _______ Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That in pursuant to the “City of Compton Policy Governing the Naming of City Owned Facilities and Land,” gymnasium located at Lueders Park Community Center shall be changed in honor of Demar Derozan and named the “Demar Derozan Gymnasium.” SECTION 2. That copies of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney, General Services and Parks and Recreation Department. SECTION 3. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution. ADOPTED this ______ day of ______________, 2015. ________________________________ MAYOR OF THE CITY OF COMPTON ATTEST: _____________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON: ss I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor, and attested by the City Clerk at a regular meeting thereof held on the ___ day of ______________, 2015. That said Resolution was adopted by the following vote: AYES: NOES: ABSENT: ABSTAINS: COUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERS- ____________________________________ CITY CLERK OF THE CITY OF COMPTON RESOLUTION SIGN-OFF FORM DEPARTMENT: Recreation RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON NAMING THE GYMNASIUM AT LUEDERS PARK COMMUNITY CENTER TO THE "DEMAR DEROZAN GYMNASIUM" Marvin Hunt 9/3/2015 12:00:13 PM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 9/10/2015 4:22:09 PM CITY ATTORNEY DATE Stephen Ajobiewe 9/3/2015 4:35:49 PM CITY CONTROLLER DATE Johnny Ford 9/3/2015 2:45:40 PM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. September 15, 2015 TO: MAYOR AND COUNCIL MEMBERS FROM: BRYAN BATISTE, (INTERIM) FIRE CHIEF COMPTON FIRE DEPARTMENT SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO THE JANKOVICH COMPANY TO PROVIDE DIESEL FUEL AND PETROLEUM PRODUCTS FOR THE FIRE DEPARTMENT’S EMERGENCY VEHICLES ($105,000.00) SUMMARY This resolution authorizes the City Manager to establish a purchase order for The Jankovich Company to purchase diesel fuel, motor oil, transmission fluids and radiator coolant for use by the Compton Fire Department emergency vehicles. BACKGROUND Provision and replacement of diesel fuel, motor oils, transmission oils, and radiator coolant is essential to the everyday response of fire apparatus. The purchase will allow Fire Department personnel to perform their daily duties. STATEMENT OF ISSUE Fuel cost fluctuates daily which could make it difficult for fuel companies to quote fuel cost to their consumers. Therefore, to assist fuel companies to sell their products they use a standard formula called “LA Opis Daily Average.” This is their margin markup cost in addition to any other cost associated with the cost of fuel. For example, federal taxes and environmental fees are all a standard cost. The LA Opis Daily Average varies from vendor to vendor and of the three quotes received from Patten Energy - $0.10 per gallon, SC Fuels - $0.14 per gallon, and The Jankovich Company - $0.08 per gallon; Jankovich was the vendor that quoted the Department the most reasonable price. The Jankovich Company is one of a few local distributors of diesel fuel and other petroleum products in the area. The Fire Department has determined that the Jankovich Company manufactures its own fuel and is not a broker. Therefore, Jankovich Company continues to provide less of a price mark-up than other vendors who provide like products. In addition, Jankovich has provided a sensor on our fuel storage containers that alerts the Jankovich Company when the fuel level drops to a certain level. This benefit assist the Fire Department with timely deliveries that keeps our fuel level in the above ground storage tank from dropping below 900 Gallons. Staff Report – Resolution Authorizing P.O. for The Jankovich Company/Purchase Fuel & Products September 15, 2015, page 2 The Department currently has a $25,000 purchase order in place to pay this vendor that is delivering petroleum products to the Fire Department to assist in facilitating day to day operations. However, the current purchase order will not allow the Department to purchase fuel for this entire fiscal year. Therefore, an additional purchase order must be established for the purpose of compensating this vendor for the replenishment of fuel, oil and radiator fluid in the amount of $105,000. The projected cost for this fiscal year is $130,000. FISCAL IMPACT There is no further impact to the budget. Funds for this purchase are allocated in Account No. 1001 690 000 4229 of the Fire Department's 2015-16 Fiscal Year budget. ALTERNATIVE The alternative is to purchase fuel from another vendor at a greater cost. We currently have three (3) quotes from Patten Energy, SC Fuels and The Jankovich Company. The Jankovich Company offered the department the most competitive price. RECOMMENDATION Staff recommends that Council adopt the attached Resolution. BRYAN BATISTE, (INTERIM) FIRE CHIEF COMPTON FIRE DEPARTMENT APPROVED FOR FORWARDING: JOHNNY FORD CITY MANAGER RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO THE JANKOVICH COMPANY TO PROVIDE DIESEL FUEL AND PETROLEUM PRODUCTS FOR THE FIRE DEPARTMENT’S EMERGENCY VEHICLES ($105,000.00) WHEREAS, the Fire Department has a continuous need for diesel fuel and various petroleum products for daily operations of vehicles and equipment; and WHEREAS, there are no vendors within the city limits of Compton that sell and deliver red dye diesel fuel; and WHEREAS, pricing has increased with all fuel delivery organizations and The Jankovich Company provides competitive rates on fuel, lubricants and anti-freeze; and WHEREAS, during the 2011-2012 Fiscal Year, The Jankovich Company attached a device to the Fire Department’s Fuel Storage Tank that could be monitored from the Jankovich Company to determine when the fuel level needed to be replenished which assures prompt fuel delivery; and WHEREAS, the funds for this expenditure are available in the 2015-2016 Fiscal Year budget. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Manager is hereby authorized to issue a purchase order to The Jankovich Company for an amount not to exceed one hundred and five thousand, ($105,000.00) to provide diesel fuel and other petroleum products to meet the Fire Department needs. SECTION 2. That funds for this expenditure are allocated in the 2015-2016 Fiscal Year budget in Account No. 1001-69-0000-4229. SECTION 3. That a copy of this Resolution shall be forwarded to the offices of the City Manager, City Controller and Fire Department. SECTION 4. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution. ADOPTED this ________ day of _______________, 2015. ____________________________________ MAYOR OF THE CITY OF COMPTON ATTEST: _________________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON: ss Resolution No. _______ Page 2 I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the ____ day of _______________, 2015. That said Resolution was adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERS- _________________________________________ CITY CLERK OF THE CITY OF COMPTON RESOLUTION SIGN-OFF FORM DEPARTMENT: Fire Department RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO THE JANKOVICH COMPANY TO PROVIDE DIESEL FUEL AND PETROLEUM PRODUCTS FOR THE FIRE DEPARTMENT'S EMERGENCY VEHICLES ($105,000.00) Bryan Batiste 8/26/2015 5:39:30 PM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 9/1/2015 5:08:16 PM CITY ATTORNEY DATE Stephen Ajobiewe 8/27/2015 11:03:56 AM CITY CONTROLLER DATE Johnny Ford 8/27/2015 8:33:32 AM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. SEPTEMBER 15, 2015 TO: MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ATTORNEY SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO THE CITY OF INGLEWOOD FOR DATA PROCESSING SERVICES RELATING TO THE PARKING CITATION PROGRAM ($75,000) SUMMARY This resolution authorizes the City Manager to issue a purchase order in the amount of Seventy-Five Thousand ($75,000.00) Dollars to the City of Inglewood for data processing services to be rendered in Fiscal Year 2015-2016 relating to the City’s Parking Citation Program. BACKGROUND Since 1989 the City of Compton has contracted with the City of Inglewood to provide assistance with computerized parking citation services which have greatly enhanced the City’s revenue collection from parking citation fines. Pursuant to Resolution No. 23,667, adopted December 18, 2012, the City Manager was authorized to renew the contract with the City of Inglewood for participation in the Parking Citation Program for a period of five (5) years, commencing November 1, 2012 through October 31, 2017, with authorization to approve an additional two (2) year extension. STATEMENT OF ISSUE The City of Inglewood has an extensive procurement process, with equipment and service delivery capabilities to include many levels of service to choose from; including, but not limited to provision of a web-enabled AutoPROCESS citation management system, imaging and data entry of manual citations, notice printing and mailing, call center customer services, payment processing using lockbox services, IVR payment, web payment, credit and debit card merchant accounts, administrative reviews, administrative hearings, dispute resolution, DMV holds, FTB (Franchise Tax Board) tax intercept liens and secondary collection services. Staff Report – Resolution Authorizing P.O. ($75,000) City of Inglewood/Data Processing Services September 15, 2015, page 2 FISCAL IMPACT The contracted amount is Seventy-Five ($75,000.00) Thousand Dollars annually. Funds for projected expenditures have been allocated in the Code Enforcement Division’s budget for Fiscal Year 2015-2016 in Account No. 1001-670-000-4269. RECOMMENDATION Staff recommends that the City Council adopt the attached Resolution. CRAIG CORNWELL CITY ATTORNEY APPROVED FOR FORWARDING: JOHNNY FORD CITY MANAGER RESOLUTION NO. _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO THE CITY OF INGLEWOOD FOR DATA PROCESSING SERVICES RELATING TO THE PARKING CITATION PROGRAM ($75,000) WHEREAS, for a number of years the City has contracted with the City of Inglewood to provide assistance with computerized parking citation services which have enhanced the City’s revenue collection from parking citation fines; and WHEREAS, the City of Compton requires such services to process parking citations issued by the City in order to enhance revenue collection from fines; and WHEREAS, the City wishes to continue participating in the program and to pay fees to the City of Inglewood for data processing, recordkeeping and notifications during Fiscal Year 2015-2016, projected at Seventy-Five Thousand ($75,000.00) Dollars; and WHEREAS, funds for this expenditure have been allocated in the Code Enforcement Division’s budget for Fiscal Year 2015-2016 in Account No. 1001-670000-4269. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Manager is authorized to issue a purchase order to the City of Inglewood for participation in the Parking Citation Program during Fiscal Year 2015-2016 in the amount of Seventy-Five Thousand ($75,000.00) Dollars. SECTION 2. That funds for this expenditure are allocated in the Code Enforcement Division’s 2015-2016 Fiscal Year budget in Account No. 1001-670-0004269. SECTION 3. That a copy of this Resolution shall be filed in the Offices of the City Manager, City Attorney, City Controller and Code Enforcement Division. SECTION 4. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution. ADOPTED this ____ day of _____________, 2015. ________________________________ MAYOR OF THE CITY OF COMPTON ATTEST: ____________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON: ) ) ss ) That said Resolution was adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERS- ____________________________________ CITY CLERK OF THE CITY OF COMPTON RESOLUTION SIGN-OFF FORM DEPARTMENT: Law Enforcement RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO THE CITY OF INGLEWOOD FOR DATA PROCESSING SERVICES RELATING TO THE PARKING CITATION PROGRAM ($75,000) Ruth Rugley 8/31/2015 6:47:28 PM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 9/8/2015 6:01:45 PM CITY ATTORNEY DATE Stephen Ajobiewe 9/2/2015 4:42:45 PM CITY CONTROLLER DATE Johnny Ford 9/2/2015 11:26:51 AM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. SEPTEMBER 15, 2015 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ATTORNEY SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES RELATING TO COLLECTION OF FINES ON PARKING CITATIONS ($400,000) SUMMARY This resolution authorizes payment to the Superior court of California, County of Los Angeles relating to the collection by the City of Compton of fines on parking citations. BACKGROUND The State of California has used parking citation fines collected by local governments and campuses since 1991 to balance its budget. Since 1993, the state has imposed a parking penalty surcharge of $5.00 on each parking citation issued for violations of parking provisions in our Compton Municipal Code that are collected by the City. In 2008, the Legislature passed Senate Bill (“SB”) 1407, increasing the parking penalty surcharge to be collected by the City an additional $4.50 per parking citation collected. These surcharges are collected to fund the Courthouse Construction Fund and the Criminal Justice Facilities Construction Fund. In 2010, SB 857 increased various court fees, including filing fees and penalty assessments which are aimed at backfilling budget shortfalls within the state court system. SB 857 mandated an additional $3.00 surcharge on all parking citation fines collected to be remitted to the Los Angeles Court Trial Trust Fund. This surcharge of $3.00 plus the pre-existing $9.50 ($5.00 + $4.50) surcharges, bring the total amount payable to the Superior Court of California to $12.50 per citation. STATEMENT OF THE ISSUE The Los Angeles County Superior Court is the issuing authority of the City’s parking citations and collects a portion of the monies generated through the City’s Parking Citation Program (i.e. parking violations of the Compton Municipal Code) for remittance to the county and state. Additionally, the City of Compton is required to remits all fines and penalties collected for every violation of the California Vehicle Code that is issued under our jurisdiction. Staff Report re Resolution Authorizing Payment Superior Court of California, County of Los Angeles Parking Citation Fines & Surcharge Penalties September 15, 2015 page 2 FINANCIAL IMPACT In order to pay the mandated fees and penalties to the Superior Court for remittance to the county and state, a projected expenditure of Four Hundred Thousand ($400,000.00) Dollars has been allocated in the 2015-2016 Fiscal Year budget in Account No. 1001-670-000-4269. RECOMMENDATION Staff recommends that the City Council adopt the attached Resolution. CRAIG CORNWELL CITY ATTORNEY APPROVED FOR FORWARDING: JOHNNY FORD CITY MANAGER RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES RELATING TO COLLECTION OF FINES ON PARKING CITATIONS ($400,000) WHEREAS, since 1993 the State of California has imposed a parking penalty surcharge of $5.00 on each parking citation issued for violations of parking provisions in our Compton Municipal Code that are collected by the City; and WHEREAS, in 2008, the Legislature passed Senate Bill (“SB”) 1407, increasing the parking penalty surcharge to be collected by the City an additional $4.50 per parking citation collected; and WHEREAS, in 2010, the Legislature passed SB 857, which again increased the parking penalty surcharge to be collected by the City an additional $3.00 per parking citation collected; and WHEREAS, the City collects, and is required to pass through the Superior Court of California, County of Los Angeles for payment to the county and state, a total of $12.50 for each parking violation of the Compton Municipal Code collected, in addition to the total amount of fines the City collects from violators cited pursuant to the California Vehicle Code; and WHEREAS, funds for this expenditure have been allocated in the 2015-2016 Fiscal Year budget in Account No. 1001-670-000-4269. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Manager is authorized to issue a purchase order to the Superior Court of California, County of Los Angeles in the amount of Four Hundred Thousand Dollars ($400,000.00) for payment of the mandated fees and penalties on parking citation fines collected by the City for remittance to the county and state. SECTION 2. That funds in the amount of Four Hundred Thousand ($400,000.00) Dollars are available in the 2015-2016 Fiscal Year budget in Account No. 1001-670-0004269. SECTION 3. That a copy of this Resolution shall be filed in the Offices of the City Manager, City Attorney, City Controller and Code Enforcement Division. SECTION 4. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution. ADOPTED this ____ day of ______________, 2015. ____________________________________ MAYOR OF THE CITY OF COMPTON ________________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON ) ) ) ss I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested to by the City Clerk at a regular meeting thereof held on the ____ day of ___________________, 2015. That said Resolution was adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERS- _________________________________________ CITY CLERK OF THE CITY OF COMPTON RESOLUTION SIGN-OFF FORM DEPARTMENT: City Attorney RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES RELATING TO COLLECTION OF FINES ON PARKING CITATIONS ($400,000) Ruth Rugley 9/1/2015 2:39:35 PM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 9/8/2015 6:00:10 PM CITY ATTORNEY DATE Stephen Ajobiewe 9/2/2015 4:41:54 PM CITY CONTROLLER DATE Johnny Ford 9/2/2015 11:24:57 AM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. September 15, 2015 TO: MAYOR AND COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH K. R. BAILEY CONSULTANT TO PROVIDE ASSISTANCE IN RE-ESTABLISHING THE “COMPTON CRIME TASKFORCE” ($36,000) SUMMARY Councilperson Yvonne Arceneaux has requested that a resolution be brought forth for City Council consideration and approval that will authorize the City Manager to enter into a professional services agreement with K. R. Bailey Consultant and issue a purchase order in the amount of $36,000.00 (Thirty-Six Thousand Dollars) to provide assistance with the re-establishment of the “Compton Crime Taskforce.” BACKGROUND In the early part of 2000, the City of Compton experienced a large number of violent crimes. During this time the City held a record number of murders in Southern California. In August 2002, Councilperson Arceneaux had the vision of establishing the Compton Crime Taskforce. The Taskforce was built with members from local, state, and Federal law enforcement agencies, elected officials, members of the clergy, community-based organizations and residents; all sharing the vision of reducing the volume of major crimes in the City of Compton. The Taskforce met regularly to establish a dialog to improve the quality of living in the City. The main goal was to bring people together to begin talking about the problems and develop solutions that would address the issues and provide possible resolutions. Within six (6) months of the Taskforce working together, the City saw a 50% reduction in murders. STATEMENT OF THE ISSUE The City has contracted with the Los Angeles County Sheriff to protect the welfare of the community. Compton, along with other Los Angeles County cities have seen some decreases in major crimes, but the City of Compton has noticed more of what are known as Part 1 crimes. These crimes are property crimes, burglary, larceny theft, grand theft auto, and arson which affect the quality of life in the community. Staff Report – Resolution Agreement with K.R. Bailey Consultant Professional Services for Compton Crime Task Force September 15, 2015, page 2 The City has seen Part 1 crimes increase from 2013 with a total of 3,892 and in 2014 to 3,628. Information received has revealed that as of June 2015, the total is almost 1,700 crimes. These numbers are impacting the community and the quality of life for all who visit and do business in the City. Councilperson Arceneaux desires to bring back the Compton Crime Taskforce to better address the concerns and develop an action plan with the intent of reducing the number of crimes in the City of Compton. This would be accomplished by working with a consultant, K. R. Bailey Consultant over a period of twelve (12) months, whose task it would be to re-establish the Crime Taskforce and assist in establishing and accomplishing set goals and objectives. ALTERNATIVE None proposed. FISCAL IMPACT Funds for this expenditure are available in the 2015-16 Fiscal Year budget in Account No. 1001-510-000-4269 (Other Contract Services). RECOMMENDATION No recommendation is offered by staff. Resolution presented for consideration and adoption pursuant to request of Councilperson Arceneaux. JOHNNY FORD CITY MANAGER RESOLUTION NO. _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH K. R. BAILEY CONSULTANT TO PROVIDE ASSISTANCE IN RE-ESTABLISHING THE “COMPTON CRIME TASKFORCE” ($36,000) WHEREAS, in the early part of 2000, the City of Compton experienced a large number of violent crimes within the City; and WHEREAS, in August 2002, Councilperson Yvonne Arceneaux had the vision of establishing the “Compton Crime Taskforce,” which was built with members from local, state, and federal law enforcement agencies, elected officials, members of the clergy, community-based organizations and residents, all sharing the vision of reducing the volume of major crimes in the City of Compton; and WHEREAS, the Taskforce met regularly to establish a dialog to improve the quality of living in the City of Compton and within six (6) months of the Taskforce working together, the City saw a 50% reduction in murders; and WHEREAS, the City has contracted with the Los Angeles County Sheriff to protect the welfare of the community, and while Compton, along with other Los Angeles County cities have seen some decreases in major crimes, but the City of Compton has noticed more of what are known as Part 1 crimes; and WHEREAS, the City Council desires to re-establish the “Compton Crime Taskforce” to address concerns and develop an action plan with the intent of reducing the number of crimes in the City, and therefore has determined that it will be prudent to engage the services of a professional and experienced consultant to assist the City in re-establishing the Crime Taskforce; and WHEREAS, funds for the services to be performed by the consultant are available in the City Managers 2015-16 Fiscal Year Budget. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Manager, upon the advice and approval of the City Attorney is hereby authorized to enter into a professional services agreement with K. R. Bailey Consultant for re-establishment of the “Compton Crime Taskforce” and assist in establishing and accomplishing set goals and objectives. SECTION 2. That the agreement with K. R. Bailey Consultant shall be for a period of twelve (12) months and the maximum amount of compensation payable for services rendered shall be limited to $36,000.00 (Thirty-Six Thousand Dollars and Zero Cents). SECTION 3. That funds for this expenditure are available in the City Manager’s Fiscal Year 2015-2016 budget in Account No. 1001-510-000-4269 (Other Contract Services). Resolution No. ______ Page 2 SECTION 4. That a purchase order is hereby authorized to issued in the amount of $36,000.00 (Thirty-Six Thousand Dollars and Zero Cents) to K. R. Bailey Consultant. SECTION 5. That a certified copy of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk and City Attorney. SECTION 6. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution. ADOPTED this ___ day of ______________, 2015. ________________________________ MAYOR OF THE CITY OF COMPTON ATTEST: ____________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON: ss I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor, and attested by the City Clerk at a regular meeting thereof held on the ____ day of ________________, 2015. That said Resolution was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERS- ____________________________________ CITY CLERK OF THE CITY OF COMPTON PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF COMPTON AND K. R. BAILEY CONSULTANTS This AGREEMENT is entered by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) located at 205 South Willowbrook Avenue, Compton, California 90220, and K. R. BAILEY CONSULTANTS (hereinafter referred to as “CONSULTANT”), located at 7950 Howe Street, Suite 207, Paramount, California 90723. RECITALS: WHEREAS, although the City, along with other Los Angeles county cities have experienced deceases in major crimes, the City has noticed the commission of more of “Part 1” crimes; e.g. property crimes, burglary, larceny, grand theft auto, arson, etc.; and WHEREAS, the City desires to re-establish the “Compton Crime Taskforce” to address concerns and develop an action plan with the intent of reducing the number of crimes in the City; and WHEREAS, the City has determined that it will be prudent to engage the services of a professional and experienced consultant to assist the City in re-establishing the Crime Taskforce and otherwise be responsible for providing assistance with the organization, management, activities and efforts of the re-established Crime Taskforce; and WHEREAS, by Resolution No. ______, adopted on the __ of ______ 2015, the City Council authorized the City Manager to enter into a contract to provide the necessary services; and WHEREAS, Consultant warrants that it is specifically trained, experienced, competent, and has the resources to provide such services which will be required by this project; and WHEREAS, Consultant is willing to render such professional services subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, Consultant and City, for the consideration, terms and conditions herein described, mutually agree as follows: AGREEMENT: 1. Services to be rendered by Consultant. It is the mutual understanding of the parties that the Consultant shall perform and be responsible for re-establishing the “Compton Crime Taskforce.” The scope of services to be provided includes, but may not be limited to completion of the following tasks and activities: Professional Services Agreement – K. R. Bailey Consultants Re-Establishment of Compton Crime Taskforce Resolution No. _____ A. Re-establish the Crime Taskforce by engaging individuals from local, state and Federal law enforcement agencies; elected officials; members of the clergy; community-based organizations; and concerned citizens to become active participants and members of the Taskforce. B. Establish and lead monthly Taskforce meetings, including: 1) Arranging and noticing the monthly meeting dates, times and locations and taking notes of the meetings and activities. C. Coordinating the setting of goals and objectives of the Taskforce and ensuring the goals and objectives are met. D. Composing and distributing correspondence on behalf of the City and Taskforce; news releases, public service announcements, etc. E. Work closely with law enforcement agencies to track reduction or increase in crime in the City for purposes of determining necessity to strategize on employment of new action or for updating goals and objectives. F. Identify and recommend companies that may provide sponsorships for events for raising community awareness of the Taskforce and goals and objectives. Consultant acknowledges that in entering into this Agreement the City is relying on Consultant's special skills and experience to do and perform the services in accordance with best standards of professional practice. While performing the services, Consultant agrees to perform all the said work and furnish all the necessary materials at its own cost and expense necessary to complete said services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances and to the reasonable satisfaction of the City. Consultant services hereunder shall be performed in good, workmanlike and professional manner. Consultant shall be responsible for correcting and completing all errors and omissions related to the services provided by the Consultant for this Agreement at no additional cost to the City. “Errors” and “Omissions” for purposes of this paragraph are defined to mean a failure by the Consultant to meet the standards of its profession as set forth in the preceding paragraph. The acceptance of the services by City does not release Consultant from these obligations. Consultant will be responsible for employing or engaging all persons necessary to perform the services. All of Consultant's staff will be qualified by training and experience to perform their assigned tasks. Consultant will give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and will keep the services under its control. On demand of City, if any employee or subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she will be discharged immediately from the services. Kristine R. Bailey, M.A.P.P., Owner of Consultant, shall be primarily responsible for representing Consultant in performance of this Agreement. 2 Professional Services Agreement – K. R. Bailey Consultants Re-Establishment of Compton Crime Taskforce Resolution No. _____ 2. Duration of Contract. Consultant agrees to commence the services provided for herein after Consultant has received written Notification to Proceed from the City and to proceed and continue in a diligent and professional manner performing the agreed services for a twelve (12) month period thereafter, unless terminated earlier. Consultant acknowledges the importance to City of this project and agrees to put forth its best professional efforts to perform the services in a manner consistent with accomplishing the services agreed herein within the twelve (12) month term of this Agreement. Consultant will work such overtime or engage such personnel and equipment as necessary to maintain the schedule, without additional compensation. 3. Compensation. The method of payment for this Contract will be on an agreed upon lump sum fee basis. The total price paid the Consultant will include compensation for all work, including travel, materials, supplies, vendor services, expenses and subcontracted work. No additional compensation will be paid to the Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total compensation will be negotiated between the Consultant and the City. Adjustment in the total compensation will not be effective until authorized and approved in writing by the City. Progress payments may be made in arrears based on the percentage of work completed by the Consultant. Consultant shall be reimbursed within thirty (30) days, or as promptly as fiscal procedures may permit, upon receipt by the City of itemized invoices for services completed. Invoices shall be submitted no later than 45 calendar days after the performance of work for which the Consultant is billing. Invoices shall detail the work performed during the invoiced billing period. Invoices shall be delivered or mailed to the City Manager at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220. As full and complete compensation for performance of all the services agreed to be performed by the Consultant pursuant to this Agreement, City shall pay, and Consultant agrees to accept, a not-to-exceed maximum sum of Thirty Six Thousand Dollars ($36,000.00). In the event of termination, the Consultant shall be entitled to compensation for the undisputed reasonable value of services performed to the effective date of termination, including any noncancellable obligations incurred prior to termination; provided, however, that the City may condition payment of such compensation upon the Consultant’s delivery to the City of any and all City property, documents, reports, records, materials and work product associated with the performance of this Agreement. 4. Ownership of Materials. All product produced by Consultant or its agents, employees, and subcontractors pursuant to this Agreement (the “Work Product”) is the property of City. In the event this Agreement is terminated, all Work Product produced by Consultant or its agents, employees and subcontractors pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement. 5. Independent Contractor Status. Consultant, its officers, employees, subconsultants, subcontractors, agents and volunteers (collectively hereinafter the “Consultant”), will perform the services in Consultant's own way and pursuant to this Agreement as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of City. The persons 3 Professional Services Agreement – K. R. Bailey Consultants Re-Establishment of Compton Crime Taskforce Resolution No. _____ used by Consultant to provide the services under this Agreement will not be considered employees of City for any purposes. Neither the City nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the Consultant, except as expressly set forth in this Agreement. Consultant expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Agreement that Consultant shall not at any time or in any manner, represent that Consultant is in any manner officers, employees, agents or volunteers of the City. Consultant shall obtain no rights to retirement, health care or any other benefit that accrue to City officials, officers, or employees. Consultant expressly waives any claim to such rights. The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant or its agents, employees or subcontractors. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant or its employees or subcontractors. Consultant agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Consultant or any agent, employee, or contractor of Consultant for work done under this Agreement. At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Consultant. 6. Successors, Assignment and Delegation. City and the Consultant each binds themselves, their partners, successors, assigns and legal representatives to the other hereto and to partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in this Agreement. The expertise and experience of Consultant are material considerations for this Agreement. Consultant shall not assign or transfer any interest in this Agreement or the performance of any of Consultant’s obligations under this Agreement without the prior written consent of the City. Any attempted assignment or transfer of any of Consultant’s rights, duties or obligations arising under this Agreement shall be null and void. 7. Nondiscriminatory Employment Practices. During the performance of this Agreement, the Consultant agrees not to discriminate against any employee or applicant for employment because of race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees, applicants and subcontractors for employment, notices setting forth the provisions of this nondiscrimination clause. In the event of the Consultant’s non-compliance with the non-discrimination clause of this Agreement, this Agreement may be immediately canceled, terminated or suspended in whole or in part. 4 Professional Services Agreement – K. R. Bailey Consultants Re-Establishment of Compton Crime Taskforce Resolution No. _____ 8. Subcontracting. Consultant's services are unique and personal. Except as may be agreed to by the City, Consultant will not subcontract any portion of the services without prior written approval of City Manager or his/her designee. If Consultant subcontracts any of the services, Consultant will be fully responsible to City for the acts, errors and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Consultant and City. Consultant will be responsible for payment of subcontractors. Consultant will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Consultant's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. Other Consultants. The City reserves the right to employ other consultants in connection with the services. 10. Indemnification. Consultant shall indemnify and save harmless the City, its officials, officers, employees, agents and volunteers (collectively hereinafter the “City”), against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City and shall indemnify and save the City from any and all liability and expense including reimbursement of reasonable defense costs and legal fees, and claims, demands, suits, actions or proceedings of any kind or nature, including Workers’ Compensation claims, of or by anyone whomsoever to the extent resulting from or arising out of the negligent, reckless or willful misconduct for the Consultant, its officers, employees, subconsultants, subcontractors or agents in the performance of the duties undertaken by Consultant pursuant to this Agreement. This indemnification and hold harmless obligation does not extend to claims arising out of the negligence or willful misconduct of the City. 11. Insurance. Without limiting the Consultant’s indemnification of the City, Consultant shall obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Consultant or Consultant’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. Such evidence shall specifically identify this Agreement and shall contain express conditions that the City is to be given written notice at least thirty (30) days in advance of any termination or implementation of a reduction of limits or material change of insurance coverage as specified herein. Failure on the part of the Consultant to procure or maintain insurance shall constitute a material breach upon which the City may immediately terminate this Agreement. All insurance required hereunder shall be primary with respect to any insurance maintained by the City. Coverages and Limits. Consultant will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. The coverage will contain no special limitations on the scope of its 5 Professional Services Agreement – K. R. Bailey Consultants Re-Establishment of Compton Crime Taskforce Resolution No. _____ protection to the below-designated insured’s except for Workers Compensation and errors and omissions insurance. Consultant will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage, as Consultant deems adequate, at Consultant's sole expense. 11.1 Commercial General Liability Insurance. $1,000,000 combined singlelimit per occurrence for bodily injury, personal injury, property damage and contractual liability. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this Agreement or the general aggregate shall be twice the required per occurrence limit. Claims-made coverage is not acceptable. 11.2 Commercial Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage. Such insurance shall include coverage for all “owned”, “hired” and “non-owned” vehicles and equipment, or coverage for “any auto”. 11.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury and which specifically covers all persons providing services by or on behalf of the Consultant and all risks to such persons under the Agreement. Workers' Compensation and Employer's Liability insurance will not be required if Consultant has no employees and provides, to City's satisfaction, a declaration stating this. 11.4 Professional Liability. Errors and omissions liability appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. The coverage shall also provide an extended two (2) year reporting period commencing upon termination or cancellation of this Agreement. The coverage shall be written on a claims-made basis. Endorsements. For Commercial General Liability Insurance and Automobile Liability Insurance, Consultant will ensure that the policies are endorsed to name the “City of Compton and its respective elected and appointed officers, officials, employees, agents and volunteers” as “additional insured’s” with respect to liability arising out of the activities of the Consultant. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City. Prior to City's execution of this Agreement, Consultant shall furnish certificates of insurance and endorsements to City. Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City. 12. Permits and Licenses. Consultant, at its own expense, during the term of this Agreement, shall obtain and maintain all appropriate business and professional permits, licenses and certificates that may be required in connection with the performance of services by the Consultant. Upon execution of this Agreement, the Consultant shall show evidence of a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code. 13. Maintenance of Records. Consultant will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Consultant will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Consultant will allow inspection of all work, data, documents, proceedings, and 6 Professional Services Agreement – K. R. Bailey Consultants Re-Establishment of Compton Crime Taskforce Resolution No. _____ activities related to the Agreement for a period of three (3) years, or longer if required by law, from the date of final payment under this Agreement. 14. Warranties. Consultant represents and warrants (i) that Consultant has no obligations, legal or otherwise, inconsistent with the terms of this Agreement or with Consultant’s undertaking this relationship with City, (ii) that the performance of the services called for by this Agreement do not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party, (iii) that Consultant will not use in the performance of his responsibilities under this Agreement any confidential information or trade secrets of any other person or entity and (iv) that Consultant has not knowingly entered into or will enter into any agreement (whether oral or written) in conflict with this Agreement. 15. Federal and State Withholding Taxes. Consultant shall be responsible for paying when due all federal and state income withholding taxes for all earning under this Agreement. Consultant agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Consultant’s failure to comply with this provision. 16. General Compliance with Laws. Consultant will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, or in any way affect the performance of the services by Consultant. Consultant will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the services with all applicable laws, ordinances and regulations. In the event the Consultant encounters any conflict between such laws and ordinances, Consultant shall notify the City in writing and the parties agree to work cooperatively to resolve the conflict. 17. Termination. In the event of the Consultant's failure to prosecute, deliver, or perform the services, after giving written notice of default and two (2) days to correct the same, then, in addition to any other remedies, City may terminate this Agreement for nonperformance by notifying Consultant in writing. Consultant has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Consultant has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. In the event City elects to terminate, City will have the right to immediate possession of all Work Product and work in progress prepared by Consultant, whether located at the project site, at Consultant's place of business, or at the offices of a subconsultant. The City’s obligation is payable only from funds appropriated for the purpose of this Agreement. All funds for payments after the end of the current fiscal year are subject to the City’s legislative appropriation for this purpose. In the event this Agreement extends into succeeding fiscal year periods and the City Council does not allocate sufficient funds for the next succeeding fiscal year payments, this Agreement shall terminate immediately upon written notice from the City. Either Party, upon tendering fifteen (15) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, Consultant will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. Consultant will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will 7 Professional Services Agreement – K. R. Bailey Consultants Re-Establishment of Compton Crime Taskforce Resolution No. _____ make the final determination as to the portions of tasks completed and the compensation to be made. 18. Covenants Against Contingent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to terminate this Agreement for nonperformance, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 19. Claims And Lawsuits. By signing this Agreement, Consultant agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Consultant acknowledges that if a false claim is submitted to City by Consultant, it may be considered fraud and Consultant may be subject to criminal prosecution. Consultant acknowledges that California Government Code sections 12650 et seq., the False Claims Act, applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Consultant acknowledges that the filing of a false claim may subject Consultant to an administrative debarment proceeding as the result of which Consultant may be prevented to act as a Consultant on any public work or improvement for a period of up to five (5) years. Consultant acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 20. Jurisdiction, Venue and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Los Angeles, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. This agreement will be governed by the laws of the State of California. 21. Testimony. Consultant will testify at City's request if litigation is brought against City in connection with Consultant's services under this agreement. Unless the action is brought by Consultant, or is based upon Consultant's actual or alleged negligence or other wrongdoing, City, upon prior written agreement with Consultant will compensate Consultant for time spent in preparation for testimony, testimony, and travel at Consultant's standard hourly rates at the time of actual testimony. 22. Waivers. The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law. 8 Professional Services Agreement – K. R. Bailey Consultants Re-Establishment of Compton Crime Taskforce Resolution No. _____ 23. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Agreement. 24. Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. 25. Amendments. This Agreement may be modified or amended only be written document executed by both Consultant and City’s City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement. 26. Confidentiality. All documents, reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of the Services pursuant to the Agreement are confidential until released by the City to the public, and the Consultant will not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before any such release. 27. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the parties relating to the subject matter of it. The City Manager is authorized, in consultation with the City Attorney, to agree to non-material amendments to this Agreement. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 28. Notices. Any notices required or permitted under this Agreement shall be effective when delivered in person; and effective one (1) business day after delivery by facsimile transmission; and effective five (5) days after mailing by U.S. Mail, postage prepaid and properly addressed as follows: To Consultant: K. R. Bailey Consultants 7950 Howe Street, Suite 207 Paramount, California 90723 Attn: Kristine R. Bailey, M.A.P.P. (562) 630-3832 (562) 884-4127 – cell [email protected] To City: City of Compton 205 South Willowbrook Avenue Compton, California 90220 Attn: City Manager (310) 605-5585 (310) 761-1429 – fax. 9 Professional Services Agreement – K. R. Bailey Consultants Re-Establishment of Compton Crime Taskforce Resolution No. _____ 29. Miscellaneous. No provision of this Agreement is to be interpreted for or against either party because that party or that party’s legal representative drafted such provision. Should either party hereto, or any representative, successor or assign of either party hereto, resort to litigation to enforce the provisions of this Agreement, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorney’s fees and costs in such litigation from the party or parties against whom enforcement is sought. IN WITNESS WHEREOF, CONSULTANT has executed this Agreement, and the CITY, by its City Manager, who is authorized to do so, has executed this Agreement. K. R. BAILEY CONSULTANTS CONSULTANT Dated: _______________ By ___________________________________ Kristine R. Bailey, Owner CITY OF COMPTON Approved by: Dated: _______________ By _________________________________ Johnny Ford, City Manager Approved as to form: By _________________________________ Craig J. Cornwell, City Attorney Dated: ______________ ATTEST: Dated: _______________ By __________________________________ Alita Godwin, City Clerk 10 RESOLUTION SIGN-OFF FORM DEPARTMENT: City Management RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH K. R. BAILEY CONSULTANT TO PROVIDE ASSISTANCE IN RE-ESTABLISHING THE "COMPTON CRIME TASKFORCE" ($36,000) Johnny Ford 9/3/2015 4:18:27 PM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 9/10/2015 2:35:34 PM CITY ATTORNEY DATE Stephen Ajobiewe 9/3/2015 4:42:28 PM CITY CONTROLLER DATE Johnny Ford 9/3/2015 4:19:40 PM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions.
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