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City Mgm't Contends City Can't Afford To Pursue Fed'l Grant To Fund Fire Engine 17 at Stn 17 (Argonne Ave) AND Solicits Councilmembers' Views On What To Do Using Non-Agendized Memo; LBREPORT.com Submits Complaint Letter Alleging Management Solicitation Evades Council Public Actions In "Serial Meeting" Prohibited By Brown Act, Seeks March 9 Agenda Item Allowing Open Council Discussion (As Fed'l Grant Application Deadline Looms March 12)



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Significant subsequent development here.


(March 5, 2012, 10:05 a.m.) -- In a March 3 non-agendized memo, Long Beach city management has informed the Mayor and City Councilmemers that it believes the City can't afford to seek and accept a federal (FEMA SAFER) grant to help fund Fire Engine 17 at Station 17 (2241 Argonne Ave.) and solicits Councilmembers' opinions on what actions to take. The solicitation in managements memo states:

[I]t is staff’s assessment that the City is very unlikely to be able to comply with the terms of the SAFER grant and event if accepted, the City would likely have to return the grant money in the future, and therefore, submittal of a grant application is not recommended. If the Council feels differently, staff would need City Council direction by March 9, 2021, as the deadline for the grant application is March 12, 2021. Final awards are expected around September 2021.

If City Council wishes staff to apply, the City Council may also want to consider asking the City Manager identify funds to set aside each year (which may result in other reductions needing to be made to generate these funds) in the proposed budget equal to that year’s estimated award amount, so that in the event the City needs to return any grant monies received, it could do so without adversely impacting the emergency or operating reserves.

In an email this morning (March 5, 2021) to the City Manager cc'd to the City Clerk, LBREPORT.com states:

This email is from LongBeachReport.com (LBReport.com), an online news outlet now in our 21st year of continual operation. In a March 3 non-agendized memo, Long Beach city management informs the Mayor and City Councilmemers that it contends the City shouldn't seek and accept a federal (FEMA SAFER) grant to help fund Fire Engine 17 at Station 17 (2241 Argonne Ave.) and solicits Councilmembers' opinions on what actions to take. The solicitation in management's memo states:

"[I]t is staff’s assessment that the City is very unlikely to be able to comply with the terms of the SAFER grant and event if accepted, the City would likely have to return the grant money in the future, and therefore, submittal of a grant application is not recommended. If the Council feels differently, staff would need City Council direction by March 9, 2021, as the deadline for the grant application is March 12, 2021. Final awards are expected around September 2021.

"If City Council wishes staff to apply, the City Council may also want to consider asking the City Manager identify funds to set aside each year (which may result in other reductions needing to be made to generate these funds) in the proposed budget equal to that year’s estimated award amount, so that in the event the City needs to return any grant monies received, it could do so without adversely impacting the emergency or operating reserves."

LBREPORT.com notes that CA Government Code sectiion 54952.2 provides:

"(a) As used in this chapter, 'meeting' means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.

"(b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body."

LBREPORT.com believes the proper manner to seek Council direction is through a publicly agendized, publicly voted action, not using non-agendized memos to solicit and effectively develop non-public consensus on major issues. City management's March 3 memo circumvents public Council discussion of a significant policy and public safety matter and amounts to a "serial meeting" in violaion of the Brown (open meetings) Act.

The undersigned asks city management and/or Councilmembers included in the solicittion to take immediate action to agendize this matter for public Council discussion and voted action at the Council's regularly scheduled March 9 public meeting. In the interim, we urge city management to cease actions circumventing the public's right to public Council discussion and action in this matter.

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In Jan. 2014 (before Councilman Supernaw took office), a fire broke out in a multi-unit residential building basically across the street from Station 17. As a result of the Council's budget actions, Engine 17 wasn't available to spray water that could knock down the flames. The fire doubled in size roughly every minute until an engine arrived from Station 19 (Clark Ave./Monlaco Rd.) in the 5th Council district. LBREPORT.com reported the story at the time here.






Mr. Supernaw was appalled that a fire could go unstopped virtually across the street from Fire Station 17 and on taking office in 2015, tried to persuade his Council colleagues to restore funding for Engine 17. He got nowhere, even after joining them in putting the 2016 Measure A General Fund ("blank check") sales tax increase on the ballot (with no legally binding guarantees for taxpayers as to its spending.) After voters approved Measure A, the Council restored Engine 8 (Belmont Shore) and Rescue 12 (NLB) but not Engine 17.

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In 2019 (with Supernaw approaching the 2020 election cycle), city management indicated it found one-time (not continuing) Measure A funds and could tap a federal grant to temporarily fund restoring Engine 17 through FY 21 but with no guarantees of continued funding thereafter. Supernaw applauded the action, downplayed its temporary nature and was re-elected in earl 2020 without a challenger.

On August 3, 2020, city management released a FY 21 budget that indicated without additional funding Engine 17 couldbe eliminated a tghe end of FY 21 (Sept. 30l 2021.) Mayor Garcia (who recommended multiple other spending items) didn't recommend providing funding for Engine 17.

At the Aug. 11, 2020 Council budget session, Councilman Supernaw noted that Engine 17 served Central LB areas said eliminating Engine 17 could raise equity issues. "Equity" advocating Councilmembers offered no support nor did ELB Councilwoman Stacy Mungo (whose adjoining 5th dist would be impacted by defunding Engine 17.) Supermaw didn't seek permanent structural restoration of Engine 17 but asked city management to try to find some way to some waiver or other flexibility on a federal grant.

Management's March 3 memo indicates "he City Manager made the request for a waiver to FEMA and followed up with the Ctity’s federal legislative delegation. Unfortunately, on February 18, 2021, the request was denied by FEMA stating that "FEMA didn’t anticipate any retroactive changes to the 2018 SAFER grant awards."

At issue now is whether Long Beach taxpyers will have a Fire Engine at Fire Station 17 (the ""Captain David Rosa Regional Training Center") or (again) lose a Fire Engine at Fire Station 17 capable of putting out fires.

Developing.

Follow-up: Within moments of sending our email to the City Manager, we received an email stating: "I am out of the office, returning Monday. Some services are closed on alternating Fridays for staff furloughs (unpaid time off). These furloughs affect many operations in all City Departments and help prevent significant service reductions to the community. We appreciate your patience and understanding as we implement the furloughs, which are an important component in balancing the City’s budget during this economic downturn..."

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Support really independent news in Long Beach. No one in LBREPORT.com's ownership, reporting or editorial decision-making has ties to development interests, advocacy groups or other special interests; or is seeking or receiving benefits of City development-related decisions; or holds a City Hall appointive position; or has contributed sums to political campaigns for Long Beach incumbents or challengers. LBREPORT.com isn't part of an out of town corporate cluster and no one its ownership, editorial or publishing decisionmaking has been part of the governing board of any City government body or other entity on whose policies we report. LBREPORT.com is reader and advertiser supported. You can help keep really independent news in LB similar to the way people support NPR and PBS stations. We're not non-profit so it's not tax deductible but $49.95 (less than an annual dollar a week) helps keep us online.


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