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HomeMy WebLinkAboutMinutes - 01-10-12 Regular MeetingPRESENT: Council Members: MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JANUARY 10, 2012 The City Council of the City of Downey held a Regular Meeting at 7:41 p.m., January 10, 2012, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Roger C. Brossmer presiding. ALSO PRESENT: Roger C. Brossmer David R. Gafin Mario A. Guerra Luis H. Marquez Fernando Vasquez Mayor Mayor Pro Tem Gilbert Livas, Assistant City Manager Yvette M. Abich Garcia, City Attorney Adria Jimenez, Consultant, City Clerk's Office John Oskoui, Assistant City Manager Lonnie Croom, Fire Chief Carl Charles, Police Captain John Michicoff, Finance Director Brian Saeki, Community Development Director Arlene Salazar, Acting Community Services Director Shirley Conte, Secretary to the City Council Other City Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE /MEETING REPORTS: Council Member Guerra reported attending the California Contract Cities Association Conference (CCCA) in Sacramento with Council Members Marquez and Vasquez and referred to meetings with Sacramento legislators regarding the Supreme Court's December 29 ruling on redevelopment Assembly Bills, AB -1X26 and AB -1X27; attended the 100 Neighborhood Watch meeting; attended Fire Captain Sal Piscatelli's promotion from Fire Engineer to Captain; and visited the Columbia Memorial Space Science Learning Center to view the new fencing, new exhibits and space suits on display. He requested staff pursue a subcommittee for Public Art. He mentioned visiting a museum while in Sacramento that displayed the 1906 Governor's office and advised three pictures were on display, one of which was Downey's founder, Governor John Gately Downey. Council Member Vasquez mentioned attending the CCCA Conference in Sacramento and meeting with the Governor and legislators to discuss redevelopment. He asked staff to look into the possibility of holding a Downey Health Expo, partnering with local independent physician associations, physicians and hospitals. Council Member Marquez welcomed everyone; noted he was in Sacramento for the CCCA Conference; mentioned talking to legislators on issues important to Downey and the region; and referred to the Supreme Court's recent decision on redevelopment. Mayor Pro Tem Gafin introduced Dee Bacus, Downey Chamber of Commerce Board of Directors Member and his Emergency Preparedness Committee appointee and Mark Vasquez his Recreation and Community Services Commission appointee. City Council Minutes 1/10/12 -1- PRESENTATIONS: Mayor Brossmer and Integrated Waste Coordinator Kathy Simmons presented winners of the 2011 Used Oil Recycling Calendar Artwork Contest. Ms. Simmons explained the program and noted the calendar contest is sponsored by the State of California, Cal Recycle; mentioned sponsors who donated gifts; and introduced the Principals of the elementary schools who participated. She introduced the ten students who received honorable mention, the 2 place winner from Rio San Gabriel Elementary School, Jason Camacho; 1 place winner from Carpenter Elementary School Nahomy Barron; and, Grand Prize winner from Rio Hondo Elementary School Fausto Rojas. Mayor Brossmer along with Coach Andrea Sims, presented Certificates of Recognition to Downey High School's 2011 Division 2A CIF -SS League Champion Girls Volleyball Team. Council Member Guerra presented a Certificate of Appointment to Billy Marie Sanders recognizing her appointment to the Library Advisory Board for Council District 2. Mayor Brossmer presented a Certificate of Appointment to Stephen Chu recognizing his appointment to the Public Works Committee for Council District 3. The Mayor recessed the meeting at 8:10 p.m. and reconvened at 8:16 p.m., with all Council Members present. NON - AGENDA PUBLIC COMMENT: Mayor Brossmer read a statement explaining why the Council cannot comment on the recent officer involved shooting of Michael Nida. The following people spoke regarding the recent officer involved shooting. Steve Figueroa Damien Ramirez Veronica Torres Samuel Franklin Vince Lamzon Ben Kutay Augustine Zavala Kim Hunter Murly (no last name) Lima Harris Mariah (no last name) Laura Kosantino Terri Ramirez Doug Kauffman Emily Rimaldi Jean Thaxton Sierra Tamara Deborah (no last name), said her request for a copy of the police report regarding the ATM robbery that took place the evening the officer involved shooting took place was denied. She referred to and read a portion of the Public Records Act. Dee Bacus, commended the Downey Police and Fire Departments. Ryan Shaw asked an amendment of the policies for sidewalk memorials be placed on the next Council Agenda. Terri (no last name) asked that policy for use of MP5 weapons be placed on the next Council Agenda. Mayor Brossmer recessed the meeting at 9:34 p.m. and reconvened at 9:45 p.m. with all Council Member present. City Council Minutes 1/10/12 -2- PUBLIC HEARINGS: 1. ADOPTING THE CITY OF DOWNEY 2010 URBAN WATER MANAGEMENT PLAN: Public Works. ADOPT RESOLUTION NO. 12 -7309, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE CITY OF DOWNEY'S 2010 URBAN WATER MANAGEMENT PLAN. Mayor Brossmer opened the Public Hearing at 9:45 p.m. City Clerk Consultant Jimenez affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tem Gafin, seconded by Council Member Vasquez and so ordered to receive and file. City Clerk Consultant Jimenez noted there was no correspondence received. Assistant City Manager Oskoui explained that the Urban Water Management Planning Act of the California Water Code that went into effect in 1983 requires all urban water suppliers providing water for municipal purposes to more than 3,000 people or producing water more than 3,000 acre feet per year to prepare, operate, and file an urban water management plan with the California Department of Water Resources every 5 years. The plan developed presents population and housing trends, a description and evaluation of current and projected, for a 20 year horizon, of potable and recycled water supplies, water conservation activities, water supply reliability and planning for potential water shortages. Implementation of the plan is necessary for the City to continue providing reliable, high quality, cost effective water service to its current and future water customers. He referred to key components of the plan, such as population estimates, water supply and demand, future projects, water conservation measures and a water shortage contingency plan. The City is also required to provide public notification and coordination with agencies that produce water supplies in the immediate vicinity of the City of Downey. He noted this has been done and also advised that the plan includes a timeline of public notification and coordination task. The last step of the process is the public hearing being held tonight and staff requests the Council adopt the Resolution approving the 2010 Urban Water Management Plan. There being no speakers, it was moved by Council Member Guerra, seconded by Council Member Vasquez and so ordered by the Mayor to close the public hearing, at 9:48 p.m. There being no further speakers, it was moved by Council Member Guerra, seconded by Mayor Pro Tem Gafin and unanimously carried to adopt the Resolution. 2. TIERRA LUNA MARKETPLACE PROJECT: Community Development. City Manager Livas commented on the project, noting it is significant and will go a long way in making a dent in the City's deficit. He addressed inquiries from the public that centered around five issues: 1. housing; 2. focus on manufacturing, green technology and aerospace industries; 3. address historical elements of the site; 4. the approval process moved too quickly; 5. the project does not produce quality jobs. He noted the City needs to grow its way out of the budget deficit and this process signals to the business community that Downey is open for business. He advised that the City does not own the property and stated the owner is willing to work with the City. The project will produce 3,300 permanent jobs, 1,200 of which will be quality medical related jobs. Community Development Director Saeki presented a PowerPoint presentation explaining the project as a lifestyle center with multiple uses. It is 1.5 million square feet that will include retail, office and hotel space, will create 3,300 jobs and will generate over $4.2 million in new tax revenue. He reviewed proposed uses, such as large format retailers, junior anchors, small retail, hotel, theater, office buildings, a fitness center and free standing restaurants with a strong pedestrian connectivity. He presented what is currently at the site today, such as old corrugated metal buildings that would not comply with today's building codes. He reviewed a preliminary site plan of what the proposed project could look like with walking paths, fountains, a village area with a movie theater, hotel, shops and a City Council Minutes 1/10/12 -3- gym. He noted it would emulate Victoria Gardens in the City of Rancho Cucamonga and Third Street Promenade in the City of Santa Monica. He advised the City hopes to engage high -end restaurants and office use that will be both medical and professional. In the areas where cars interact with people, the goal is to soften these areas with landscaping, street treatments and decorative pavements. Mr. Saeki noted the current specific plan, not the amendment presented tonight, would allow the owner to pull permits tomorrow to demolish all buildings except Building No. 1. The owner could not do the project staff is presenting, but could do an industrial park with carpenter shops, machine shops and light industrial type uses. Mr. Saeki requested the below erratas be added as noted. He advised that information was received after the Agenda packets were distributed. He read the changes verbatim into the record as follows: Errata to Final EIR • Final EIR — Tierra Luna Project, Pages 6 and 64. Under the heading "Discretionary Approvals" change the sentence "Implementation of the Proposed Project would require the following discretionary approvals by the agencies listed below" to "Implementation of the Proposed Project may require the following discretionary approvals by the agencies listed below Errata to Mitigation Monitoring and Reporting Program • In the Action by Monitor column for mitigation measures B -2, and B -3 (for both the 2009 Proposed Project and the 2011 Alternative), delete the words "at Site Plan Review and" from the sentence so that the sentence reads in full as follows: "Ensure incorporation of this mitigation measure during building plan check." • In the Action by Monitor column for mitigation measures 1 -8 through 1 -11 (for both the 2009 Proposed Project and the 2011 Alternative) replace the words "at Site Plan Review" with the words "during building plan check" so that the sentence reads in full as follows: "Ensure incorporation of this mitigation measure during building plan check." • In the Action by Monitor column for mitigation measures M -1 through M -5 (for both the 2009 Proposed Project and the 2011 Alternative) delete the words "Site Plan review and" so that the sentence reads in full as follows: "Building plan check." Errata to Specific Plan Amendment • Add text clarifying that flexible conversion of retail to medical office space is a change that may be made as a matter of right if it is made on the property that is the subject of the Ground Lease. Specific revisions to the Specific Plan Amendment are as follows: o Bottom of Page 34, revise the existing text to read: "Office uses are permitted in three locations on the Tierra Luna Marketplace Site. Those locations are as follows: (1) the area near the preserved historic portion of Building 1 (adaptive reuse of existing structure; (2) in a designated area within the south - central portion of the Site (Figure 4.9); and (3) the approximately 20 -acre parcel on the east side of the Site, next to Bellflower Boulevard (refer to Parcel Map 71543 in Appendix F of this document)." City Council Minutes 1/10/12 -4- o Page 35, revise the existing text to read: "The second area of the 77 -acre site where office /medical offices can be developed is shown on the bottom right side of Figure 4.9 and consists of the areas marked "Lots 4, 5, 6, 7 and 8." This office complex is located in the south - central portion of the Site, next to the proposed hotel." o Page 35, add new paragraph to read: "The third area of the 77 -acre site where office /medical offices can be developed is along the eastern edge of the property, facing Bellflower Boulevard. The area totals nearly 20 acres and it is the area that Tentative Parcel Map 71543 encompasses, found in Appendix F of this document. (note — new paragraph)." o Page 35, revise existing paragraph to read: "In exercising the flexibility to switch from commercial /retail to office /medical office, the applicant/developer can develop the 200,000 sq. ft. of floor area by right within the nearly 20 acres that Tentative Parcel Map 71543 encompasses. If the applicant/developer, however, wishes to exchange uses and develop the additional 200,000 sq. ft. of office /medical office space to either Building 1 area or the area known as `Lots 4, 5, 6, 7 and 8' (both described above), the applicant/developer must first obtain the approval of the City's Community Development Director." Errata to Water Supply Assessment Resolution • The incorrect Water Supply Assessment Resolution was inadvertently attached to the staff report. The correct resolution has been made available to the City Council. The findings and determinations are essentially the same as those that were included in the staff report, but the identified project has been changed to reflect the Tierra Luna Marketplace. Errata to Purchase and Sale Agreement • Add the following Section 3 to the Purchase and Sale Agreement: "Learning Center. City hereby releases Developer from any remaining obligation(s) (if any) to grant to City the right and option to lease an approximately forty thousand (40, 000) square foot building (Building 290) for the operation of an aeronautical educational `Learning Center' under Article 11, Section 6 of the Original Purchase Agreement." Errata to Ground Lease • In the last paragraph of Section 3, add the word "may" between the words "Entitlements" and "include" so that the paragraph reads in full as follows: "Tenant acknowledges that the Entitlements may include (and the Ground Lease Property is subject to) required regulatory approvals and permits from government agencies other than the City of Downey." Mayor Brossmer opened the Public Hearing at 9:49 p.m. City Clerk Consultant Jimenez affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tem Gafin, seconded by Council Member Guerra and so ordered by Mayor Brossmer to receive and file. City Clerk Jimenez noted there was no correspondence received. The following speakers spoke in favor of the Tierra Luna Marketplace Project: Kerry Noe Emery Sipos Denise Media Ben Kutay City Council Minutes 1/10/12 -5- Ruben Gonzales The following speakers spoke in opposition: Kathy Perez Aileen Williams Jerry Blackburn Claudia Lozano Loreen Parks George Redfox Matthew Stafford Lars Clutterham Harold Tseklenis Steve Perez Jerald Head Shawn Teegarden Claudia Lozano Larry Latimer There being no further speakers, it was so ordered by Mayor Brossmer to close the Public Hearing, at 11:26 p.m. Mr. Saeki reviewed the four actions presented for Council's approval: A. ADOPTED RESOLUTION NO. 12 -7310, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE TIERRA LUNA SPECIFIC PLAN, A PROPOSED AMENDMENT TO THE DOWNEY LANDING SPECIFIC PLAN: Community Development. Mr. Saeki pointed out that the Council must find that the Environmental Impact Report (EIR) is complete and adequate in terms of environmental analysis and that it was prepared in compliance with the Environmental Quality Act. He confirmed that both were completed. He noted there were three unmitigable environmental impacts; therefore, a Statement of Overriding Considerations (SOC) must be approved by Council, which will happen simultaneously with the approval of the Resolution. It was moved by Council Member Guerra, seconded by Council Member Marquez and unanimously approved, with the changes as recommended by staff, to adopt the Resolution. B. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY LANDING SPECIFIC PLAN FOR THE TIERRA LUNA MARKETPLACE PROJECT: Community Development. Mr. Saeki noted the Specific Plan amendment will modify the current land use controls for the central 77 acres where the Tierra Luna Marketplace is being proposed. He noted the balance of the Specific Plan remains unchanged. It was moved by Council Member Guerra, seconded by Council Member Marquez and unanimously approved, with the changes as recommended by staff, to introduce the Ordinance. C. ADOPTED RESOLUTION NO. 12 -7311, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE WATER SUPPLY ASSESSMENT FOR THE AMENDED DOWNEY LANDING SPECIFIC PLAN: Community Development. Mr. Saeki noted the Water Supply Assessment (WSA) is a State mandate implemented in 2002 to determine whether the water supplies are sufficient for the project. The WSA concluded that the total water supplies available to the City will be sufficient for the next 20 year period. He noted the developer will need to purchase water rights, noting there are enough water rights available for them to do so. It was moved by Council Member Guerra, seconded by Council Member Marquez and unanimously carried, with the changes as recommended by staff, to adopt the Resolution. City Council Minutes 1/10/12 -6- D. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING DEVELOPMENT AGREEMENT PLN -11 -00136 FOR THE DEVELOPMENT OF THE 77 -ACRE SITE AT 12214 LAKEWOOD BOULEVARD BY MANARINO REALTY LLC, ON PROPERTY ZONE AMENDED DOWNEY LANDING SPECIFIC PLAN: Community Development. Mr. Saeki explained that this is the negotiated contract between the City and the owner and grants the owner a vested right to develop the project site into Tierra Luna Marketplace for the provision of public benefits to the City. The agreement reduces the uncertainty of the planning process for both sides; provides for the orderly development of the property; insures the installation of public improvements; and provides for public services appropriate to the development. A financial incentive is provided, if the owner develops a set amount of retail, theater, office, hotel and commercial development, in the amount of $1 million per year for 20 years. If the sales tax generated falls beneath $2.5 million, the City pays zero. Also, part of the incentive is a refund of up to 50 percent of the development fees for the project, not to exceed $3.8 million. The developer will also not be allowed to convey to a tax exempt entity without prior City authorization. He noted the average cost of improvements of $235 per square foot will insure a quality project. He also noted the developer is required to construct a new Fire Station. It was moved by Council Member Guerra, seconded by Council Member Marquez, and unanimously approved, with the changes as recommended by staff, to introduce the Ordinance. Mr. Saeki acknowledged the project team, Stacie Henderson and Seth Wulkan, CAJA Environmental Services, Rhett Beavers, Landscape Architect/Planner, David Shender, Principal Engineer, Linscott, Law & Greenspan Engineers, Jeff Melching, Rutan & Tucker, LLP and Mark Sellheim, Downey's Principal Planner. Mr. Saeki responded to questions from the Council, advising the City hired a firm to provide an analysis on the retail component and stated there is a list of pre- approved retailers in the development agreement. He noted staff removed similar type uses that already exist in the Stonewood Mall and in Downey Landing. He explained that the $235 per square foot is a solid way to insure good architecture, good building materials and LEED technology. He noted historical elements will be included and provisions are in place requiring they be maintained. He noted the projected annual revenue is $4.2 million. He noted all of these elements are staff's and the developer's goals, especially in the village area where pedestrian connectivity, landscaping and lighting will be utilized. Mr. Bob Manarino, developer of the site and President of Manarino Realty, advised he grew up in Downey and his father worked at the former NASA property for 35 years. He commended everyone who spoke and wants to continue to talk, offering to meet with anyone personally or in a group. He said he intends to continue to reuse the buildings and to make the pedestrian connection. City Attorney Abich Garcia responded to an earlier speaker's comment regarding a California Environmental Quality Act (CEQA) obligation to re- circulate the draft EIR, clarifying for the record that CEQA Section 15088.5, Subsection A.3, states there is no requirement for recirculation of a draft EIR if a project alternative that has less significant environmental impact has been identified in the draft EIR, which is the case here, and that the project alternative has been accepted by the project proponent, the developer, which is also the case. Each of the Council Members commented on their support of the project, stating it is an incredible opportunity; supports the need for jobs, revenue and amenities; preserves the history of the site; and creates a village aspect and sense of community. City Council Minutes 1/10/12 -7- The meeting recessed at 12:05 p.m. and reconvened at 12:10 p.m., with all Council Members present. CONSENT ITEMS REMOVED: 5. CASH CONTRACT NO. S.S. 611 — VEHICLE SPEED FEEDBACK SIGNS: APPROVE PLANS AND SPECIFICATIONS, AUTHORIZE SOLICITATION FOR BIDS AND EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. 030 -N TO THE CITY OF DOWNEY -STATE MASTER AGREEMENT NO. 07- 5334R: Public Works. This item was pulled by Council Member Guerra and is listed under Other Business below. 6. APPROVE AMENDMENTS TO EXISTING AGREEMENTS CONCERNING DEVELOPMENT OF TIERRA LUNA MARKETPLACE AT 12214 LAKEWOOD BOULEVARD. AMENDMENTS UNDER CONSIDERATION INCLUDE: REAL PROPERTY PURCHASE AND SALE AGREEMENT, GROUND LEASE, AND SPACE SHUTTLE MOCK -UP RELOCATION AGREEMENT: Community Development. This item was pulled by City Manager Livas and is listed under Administrative Reports below. A. ADOPT RESOLUTION NO. 12- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO THE REAL PROPERTY PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DOWNEY AND INDUSTRIAL REALTY GROUP, LLC, A NEVADA LIMITED LIABILITY COMPANY DATED NOVEMBER 30, 2003 TO CLARIFY TERMS OF THE CITY OF DOWNEY'S PROFIT PARTICIPATION RIGHTS. B. ADOPT RESOLUTION NO. 12- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO THE GROUND LEASE BETWEEN THE CITY OF DOWNEY AND INDUSTRIAL REALTY GROUP, LLC, DATED DECEMBER 4, 2003 TO ESTABLISH A REVISED TERMINATION DATE FOR THE LEASE AND MAKE OTHER CLARIFYING AMENDMENTS. C. ADOPT RESOLUTION NO. 12- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO THE "SPACE SHUTTLE MOCK -UP RELOCATION AGREEMENT BETWEEN THE CITY OF DOWNEY AND INDUSTRIAL REALTY GROUP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, DATED JULY 8, 2003, TO ALTER THE TERMS AND RESPONSIBILITY FOR RELOCATION OF THE SPACE SHUTTLE MOCK UP. 7. ADOPT RESOLUTION NO. 12- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY INCREASING THE LIMIT OF INFORMAL CONTRACTS FOR PUBLIC WORKS CONSTRUCTION AND CONTRACTS FOR WORK OR MATERIAL WHICH MAY BE PERFORMED WITHOUT CALLING FOR BIDS WHEN AUTHORIZED BY THE CITY COUNCIL: Public Works. This item was pulled by Council Member Guerra and is listed under Other Business below. CITY COUNCIL CONSENT CALENDAR: It was moved by Council Member Guerra, seconded by Council Member Vasquez and unanimously carried, to approve the remainder of the Consent Calendar Items as presented. 3. APPROVED CITY COUNCIL MINUTES: Adjourned Meeting of December 6, 2011; and, Adjourned and Regular Meetings of December 13, 2011: City Clerk. 4. APPROVED WARRANTS ISSUED: Warrant Nos. 264137 — 264785; Wire Nos. 30002544 — 30002572 and 824 — 831; in the total amount of $8,356,903.75: Finance. City Council Minutes 1/10/12 -8- 8. ELECTION TO SERVE AS SUCCESSOR AGENCY TO DISSOLVE THE REDEVELOPMENT AGENCY COMPONENT OF THE COMMUNITY DEVELOPMENT COMMISSION AND ADOPT THE FOLLOWING RESOLUTION: Community Development. A. ADOPTED RESOLUTION NO. 12 -7316, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, DETERMINING THAT THE CITY OF DOWNEY ELECTS TO, AND SHALL SERVE AS THE SUCCESSOR AGENCY TO THE DISSOLVED REDEVELOPMENT AGENCY COMPONENT OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY PURSUANT TO HEALTH AND SAFETY CODE SECTION 34173. 9. ADOPTED RESOLUTION NO. 12 -7317, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, DETERMING THAT THE CITY OF DOWNEY SHALL NOT RETAIN THE HOUSING ASSETS AND FUNCTIONS OF THE DISSOLVED REDEVELOPMENT AGENCY COMPONENT OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY AND DESIGNATING THE HOUSING AUTHORITY COMPONENT OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY AS THE LOCAL HOUSING AUTHORITY TO WHICH THE HOUSING ASSETS AND FUNCTIONS OF THE DISSOLVED REDEVELOPMENT AGENCY COMPONENT OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY SHALL BE TRANSFERRED, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34176: Community Development. 10. ADOPTED RESOLUTION NO. 12 -7318, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAKING A DECLARATION UNDER HEALTH AND SAFETY CODE SECTION 33354.8 THAT, DURING THE PERIOD FROM JANUARY 1, 2010, TO DECEMBER 31, 2011, THE CITY HAS NOT FORGIVEN THE REPAYMENT, WHOLLY OR PARTIALLY, OF ANY LOAN, ADVANCE, OR INDEBTEDNESS OWED TO THE CITY BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY: Community Development. 11. APPROVED THE BUDGET CALENDAR FOR THE 2012 -2013 BUDGET: Finance. ADMINISTRATIVE REPORTS: 6. APPROVED AMENDMENTS TO EXISTING AGREEMENTS CONCERNING DEVELOPMENT OF TIERRA LUNA MARKETPLACE AT 12214 LAKEWOOD BOULEVARD. AMENDMENTS UNDER CONSIDERATION INCLUDE: REAL PROPERTY PURCHASE AND SALE AGREEMENT, GROUND LEASE, AND SPACE SHUTTLE MOCK -UP RELOCATION AGREEMENT: Community Development. Community Development Director Saeki noted the agreements being considered are already in place in the Tierra Luna project. He read changes to the Purchase and Sale Agreement (PSA), Ground Lease, and Space Shuttle Mock -up Relocation Agreement, and noted Council is being requested to adopt the three Resolutions below, with the amendments noted. Council Member Guerra asked what will be done with the shuttle mock -up. City Manager Livas advised staff is looking at sources to take it or the City is possibly considering the construction of a temporary site next to the Learning Center that will house it. City Council Minutes 1/10/12 -9- A. ADOPTED RESOLUTION NO. 12 -7312, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO THE REAL PROPERTY PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DOWNEY AND INDUSTRIAL REALTY GROUP, LLC, A NEVADA LIMITED LIABILITY COMPANY DATED NOVEMBER 30, 2003 TO CLARIFY TERMS OF THE CITY OF DOWNEY'S PROFIT PARTICIPATION RIGHTS. It was moved by Council Member Guerra, seconded by Council Member Vasquez, and unanimously carried, with the changes as recommended by staff, to adopt the Resolution. B. ADOPTED RESOLUTION NO. 12 -7313, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO THE GROUND LEASE BETWEEN THE CITY OF DOWNEY AND INDUSTRIAL REALTY GROUP, LLC, DATED DECEMBER 4, 2003 TO ESTABLISH A REVISED TERMINATION DATE FOR THE LEASE AND MAKE OTHER CLARIFYING AMENDMENTS. It was moved by Council Member Guerra, seconded by Mayor Pro Tem Gafin and unanimously carried, with the changes as recommended by staff, to adopt the Resolution. C. ADOPTED RESOLUTION NO. 12 -7314, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO THE "SPACE SHUTTLE MOCK -UP RELOCATION AGREEMENT BETWEEN THE CITY OF DOWNEY AND INDUSTRIAL REALTY GROUP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, DATED JULY 8, 2003, TO ALTER THE TERMS AND RESPONSIBILITY FOR RELOCATION OF THE SPACE SHUTTLE MOCK UP. It was moved by Council Member Guerra, seconded by Mayor Pro Tem Gafin and unanimously carried, with the changes as recommended by staff, to adopt the Resolution. 12. ADOPTED URGENCY ORDINANCE NO. 12 -1298, A URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF DOWNEY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM. (2% @ 60 Second Tier Retirement Formula for Local Miscellaneous Member New Hires): Administration. Human Resources Director Youssefieh advised the Council adopted Resolution No. 11 -7308 at its December 13, 2011 meeting, a Resolution of Intention to amend the City's contract with the Board of Administration of the California Public Employees' Retirement System (CaIPERS). It was the first step in adding the 2% @ age 60 second tier retirement formula for all local miscellaneous member new hires. She explained the Ordinance before the Council tonight is the next and final step in this amendment process. She noted the Ordinance is an Urgency Ordinance based on the need for cost savings in the hiring of new employees in critical positions to meet staffing needs to support City operations. Pursuant to Government Code Section 36937, the Ordinance becomes effective immediately upon adoption by a four fifths (4/5) vote of the City Council, taking affect January 11, 2012. Mayor Brossmer stated he is pleased the City is making this change that will go a long way toward the long term fiscal needs of the City. Council Member Guerra stated he did not agree with the premise noted by the Mayor and does not feel the City is going far enough and will be hurt financially. He advised he will be voting against the amendment. City Council Minutes 1/10/12 -10- It was moved by Council Member Vasquez, seconded by Mayor Pro Tem Gafin, and carried 4 -1, with Council Member Guerra voting no, to adopt the Urgency Ordinance. OTHER BUSINESS: 13. APPROVED CITY COUNCIL COMMITTEE ASSIGNMENTS FOR 2012: Mayor Brossmer. Council Member Vasquez requested consideration of his appointment as the Alternate representative to the Gateway Cities Council of Governments (COG) and to the League of California Cities. It was moved by Mayor Pro Tem Gafin, seconded by Council Member Vasquez, and unanimously carried to approve the City Council Committee Assignments for 2012, with changes as noted and with the following abstentions due to stipends received for attending meetings of those entities: Council Member Marquez abstained from voting on the Gateway Cities Council of Governments Executive Committee and 1 -710 Executive Committee, the Los Angeles County Sanitation Districts 2 and 18, the Orange Line Development Authority and the Southeast Area Animal Control Authority (SEAACA); Mayor Pro Tem Gafin abstained from voting on the Gateway Cities SR -91/I -605 Needs Assessment Study Corridor Cities Committee and Interstate 5 Consortium Cities Policy Board (1 -5); Council Member Vasquez abstained from voting on the Southeast Los Angeles Workforce Investment Board (SELACO WIB); and, Mayor Brossmer abstained from voting on the Southeast Water Coalition Policy Board (SEWC). CONSENT ITEMS REMOVED: 5. CASH CONTRACT NO. S.S. 611 — VEHICLE SPEED FEEDBACK SIGNS: APPROVED PLANS AND SPECIFICATIONS, AUTHORIZED SOLICITATION FOR BIDS AND EXECUTED PROGRAM SUPPLEMENT AGREEMENT NO. 030 -N TO THE CITY OF DOWNEY -STATE MASTER AGREEMENT NO. 07- 5334R: Public Works. Council Member Guerra asked when the signs will be installed. Public Works Director Oskoui responded they should be installed in approximately 5 to 6 months. It was moved by Council Member Guerra, seconded by Council Member Vasquez and unanimously carried to approve Cash Contract S.S. 611. 7. ADOPTED RESOLUTION NO. 12 -7315, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY INCREASING THE LIMIT OF INFORMAL CONTRACTS FOR PUBLIC WORKS CONSTRUCTION AND CONTRACTS FOR WORK OR MATERIAL WHICH MAY BE PERFORMED WITHOUT CALLING FOR BIDS WHEN AUTHORIZED BY THE CITY COUNCIL: Public Works. Council Member Guerra requested an explanation of why the limit is being increased. Public Works Director Oskoui advised that the City Charter allows for adjustments on an annual basis and these adjustments have not been made. He stated adjusting these amounts will allow projects to be done faster and in a more economical way. He noted informal bids do not normally come before the Council, but there is still a competitive process involved with the three percent threshold for Downey businesses. Council Member Guerra requested that the threshold for Downey businesses be increased to more than three percent. City Council Minutes 1/10/12 -11- Mr. Oskoui advised staff would review this request. Council Member Vasquez pointed out that the City of Los Angeles changed its threshold for City businesses to eight percent. It was moved by Council Member Guerra, seconded by Council Member Vasquez and unanimously carried to adopt the Resolution. STAFF MEMBER COMMENTS: City Manager Livas thanked Community Development Director Saeki and staff members who participated in the Tierra Luna Market Place presentation. The meeting recessed to Closed Session at 12:29 a.m. and reconvened at 12:40 a.m. with all Council Members present. ADJOURNMENT: The meeting adjourned at 12:42 a.m. to 6:30 p.m., January 24, 2012, in memory of Barbara Andrews, longtime Downey resident. RIA M. JIMNEZ, CMC City Clerk C" City Council Minutes 1/10/12 -12- / ROG C. BROSSMER, Mayor