HomeMy WebLinkAboutMinutes - 09-11-12 Regular Meeting MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
SEPTEMBER 11, 2012
The City Council of the City of Downey held a Regular Meeting at 7:30 p.m., September 11, 2012,
in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor
Brossmer presiding.
PRESENT: Council Members:
Roger C. Brossmer Mayor
David R. Gafin Mayor Pro Tem
Mario A. Guerra
Luis H. Marquez
Fernando Vasquez
ALSO PRESENT: Gilbert Livas, City Manager
John Oskoui, Assistant City Manager /City Treasurer
Yvette M. Abich- Garcia, City Attorney
Adria M. Jimenez, City Clerk
Shannon DeLong, Assistant to the City Manager
Lonnie Croom, Fire Chief
Rick Esteves, Chief of Police
Brian Saeki, Community Development Director
...� Arlene Salazar, Interim Parks & Recreation Director
John Michicoff, Finance Director
Gladys Chavez, Secretary
The Invocation was delivered by Pastor John Waterson, United Methodist Church. The Flag
Salute was led by Mayor Roger Brossmer.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND
CONFERENCE /MEETING REPORTS
Council Member Vasquez congratulated the Kiwanis Club of Downey -Los Amigos for a successful
Annual Rancho Los Amigos Carnival and mentioned speaking to Downey residents about the
challenges they face; attended The League of California Cities Annual Conference and Expo. He
advised on a few workshops he attended, "City- County School Partnerships to Create Safe Routes to
School," and "City Finances."
Council Member Marquez reported attending Downey's Annual Blue Mass in honor of Police
Officers, Firefighters, Paramedics and Military personnel at Saint Raymond's Catholic Church. He
thanked father Higgins, Chief of Police, Fire Chief, and staff for their participation; reported attending
The League of California Cities Annual Conference and Expo. He advised on one of a few workshops
he attended was, "Homegrown Economies" that focused on job creation and economic growth, and
requested staff look into programs such as the Police Reserves program.
Council Member Guerra reported attending the Amazing Day Foundation Suicide Prevention Walk
for Life Event and Downey's Annual Blue Mass in honor of Police Officers, Firefighters, Paramedics
and Military personnel at Saint Raymond's Catholic Church.
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Minutes of September 11, 2012 1
Mayor Pro Tem Gafin reported attending Downey's Annual Blue Mass in honor of Police Officers,
Firefighters, Paramedics and Military personnel at Saint Raymond's Catholic Church and thanked
emergency personnel for their participation; recognized Chamber of Commerce Vice President
Elizabeth Trombley who was in the audience; mentioned the upcoming 16 Annual Chamber of
Commerce Golf Classic fundraiser event that will be held September 19, and also the 3 Annual Taste
of Downey Arts and Wine Festival that will be held on September 20, 2012.
Mayor Brossmer recognized Downey Unified School Board Member Tod Corrin who was in the
audience; reported attending the Amazing Day Foundation Suicide Prevention Walk for Life Event and
Downey's Annual Blue Mass in honor of Police Officers, Firefighters, Paramedics and Military
personnel at Saint Raymond's Catholic Church and thanked emergency personnel for their
participation. He invited everyone to the 3 Annual Taste of Downey Arts and Wine Festival that will be
held September 20, 2012.
PRESENTATIONS
Mayor Brossmer presented a Proclamation to Greg Lazzeroni of Downey Meals on Wheels
Organization, and proclaimed October 14, 2012 as CROPS Hunger Walk Day.
PUBLIC HEARING
1. CONFORMANCE WITH THE METROPOLITAN TRANSPORTATION AUTHORITY'S
CONGESTION MANAGEMENT PROGRAM: Community Development.
A. ADOPTED RESOLUTION NO. 12 -7371, A RESOLUTION OF THE CITY COUNCIL OF THE --�.
CITY OF DOWNEY FINDING THE CITY TO BE IN CONFORMANCE WITH THE
CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL
DEVELOPMENT REPORT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE
SECTION 65089.
Mayor Brossmer opened Public Hearing at 7:49 p.m. City Clerk Jimenez affirmed receipt of the
Proof of Publication. It was moved by Council Member Guerra, seconded by Council Member Vasquez
and so ordered to receive and file. City Clerk Jimenez noted there was no correspondence received.
Community Development Director Saeki reported on the request to adopt a Resolution that would
self certify the City of Downey as being in conformance with the Metropolitan Transportation Authorities
Congested Management Plan (CMP) and to adopt the CMP local development report that summarizes
the City's development activities from June 1, 2011 thru May 31, 2012. He stated if a local jurisdiction
does not comply with a CMP and annually adopt a Resolution of compliance its State Gas Tax funds
could be withheld and the City could lose future Federal and State funding for projects.
Mayor Brossmer invited the public to speak on this item. There being no speakers, it was moved
by Council Member Vasquez, seconded by Council Member Guerra, and so ordered by the Mayor to
close Public Hearing at 7:51 p.m.
It was moved by Mayor Pro Tem Gafin, seconded by Council Member Marquez, and passed
unanimously to adopt the Resolution.
2. GENERAL PLAN AMENDMENT, ZONE CHANGE, AND NEGATIVE DECLARATION OF "."—'
ENVIRONMENTAL IMPACTS (PLN-1 2-001 00) A REQUEST TO CHANGE THE GENERAL PLAN
LAND USE DESIGNATION FROM GENERAL COMMERCIAL TO MEDIUM DENSITY
RESIDENTIAL AND TO REZONE THE PROPERTY FROM C -2 (GENERAL COMMERCIAL) TO
R -3 (MULTI- FAMILY RESIDENTIAL) ON PROPERTY LOCATED AT 8605 GALLATIN ROAD:
Community Development.
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Minutes of September 11, 2012 2
A. ADOPTED RESOLUTION NO. 12 -7372, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACTS AND CHANGING THE GENERAL PLAN LAND USE DESIGNATION FROM
GENERAL COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL FOR PROPERTY
LOCATED AT 8605 GALLATIN ROAD.
B. INTRODUCED ORDINANCE NO. 12- , A ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DOWNEY REZONING PROPERTY LOCATED AT 8605 GALLATIN ROAD
COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL AND TO REZONE THE PROPERTY
FROM C -2 (GENERAL COMMERCIAL) TO R -3 (MULTI- FAMILY RESIDENTIAL).
Mayor Brossmer opened Public Hearing at 7:52 p.m. City Clerk Jimenez affirmed receipt of the
Proof of Publication. It was moved by Council Member Guerra, seconded by Council Member Vasquez
and so ordered to receive and file. City Clerk Jimenez noted there was no correspondence received.
Community Development Director Saeki requested adopting an ordinance to allow the rezoning of
the property located at 8605 Gallatin Road from Commercial to Medium Density Residential and to
rezone the property from C -2 General Commercial to R -3 Multi - Family Residential. Also, adopt a
resolution to approve a negative declaration document stating the project will not have an adverse
impact on the environment. He stated that the project was presented and approved by the planning
commission with Commissioner Morales abstaining, after a public hearing held on August 15, 2012.
He stated that the City had tried over the course of several years to speak to the property owner of the
lot adjacent to this proposed development with no results, therefore, the City plans to move forward with
the project that will include 46 condominiums.
Council Member Vasquez asked for the location of the pedestrian and residential entrances, if the
Home Owners Association (HOA) would be responsible for all of the maintenance that pertains to the
property, and how many parking spaces would be available for the residents and guest.
Senior Planner Blumenthal stated there would be residential, pedestrian, and emergency vehicle
access on both Lakewood Boulevard and Gallatin Road via a secured gate and the project would be in
compliance with the City's Code that requires 2.5 parking spaces per unit.
Mayor Brossmer asked how many parking spaces would be available for guest.
Blumenthal stated there would be 23 guest parking spaces and the project will include 46
residential units.
Council Member Guerra asked if the 2.5 parking space requirement in the City's Code included
guest parking, if street parking would be available, if the residents living on Gallatin Road had been
notified that their street may be used for overflow parking, if Commissioner Morales gave any reason as
to why he elected to abstain from voting on the project, if the road in which the project is on would be a
private road, and if there were addresses for the 46 proposed residential units.
Blumenthal stated that the 2.5 parking space ratio did include guest parking, overflow parking would
be on Gallatin Road since there is no parking on Lakewood Boulevard, residents would park in their
garage, Commissioner Morales did not give a reason for abstaining, and the addresses were still not
complete.
Mayor Brossmer mentioned that the residents on Gallatin Road were notified of the public hearing
and no additional information was provided to them.
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Minutes of September 11, 2012 3
Mayor Pro Tem Gafin asked what the width of the road inside the project was.
Blumenthal stated it was 25' from pavement to pavement.
Council Member Vasquez asked if the property had been inspected at night.
Blumenthal stated the property had been walked thru during the day and not at night.
Mayor Brossmer invited the public to speak on this item.
Brent Shubin, resident, stated he was in favor of the project but is concerned with the suggested
overflow parking on Gallatin Road. He requested that the project require adequate parking and
reported on a few currently abandoned properties that could possible be converted into City parking.
It was moved by Council Member Guerra, seconded by Mayor Pro Tem Gafin to close Public
Hearing.
Council Member Guerra asked the Fire Chief if he was comfortable with the public safety aspects of
the project.
Fire Chief Croom stated that after a walk -thru of the property he indeed was comfortable with the
public's safety as it relates to this project.
Mayor Pro Tem Gafin expressed concern with there not being enough parking available and asked
if in the event vehicles parked illegally on the private road, what safeguards were in place so that the
City can make sure the HOA assumed responsibility. He also stated not being in favor of such a
compact project design.
Council Member Vasquez asked staff if the Covenant, Codes and Restrictions (CC & R) had been
submitted and approved, if street parking was factored in when determining guest parking, and what
the price point was for each unit.
Blumenthal stated the City had not received the CC& R's and all project specifications would be
reviewed by the City Attorney prior to any decision making, the on -site parking adhered to the 2.5
spaces per unit required by the City Code and did not include any street parking, and the units would be
on the market for about $300,000 per unit.
Council Member Marquez stated that during the public comment section of this agenda item, a
resident suggested the use of vacant properties an alternative parking solution however; such vacant
properties are not owned by the City and would require the City to purchase the property.
City Manager Livas confirmed that the properties mentioned as parking alternatives are privately
owned and the City would have to be purchase the property in order to turn it into parking.
Mayor Brossmer stated that parking could be an issue of concern for 90% of all condominium
projects but a good HOA could alleviate some of them. He stated that the developer of the project had
created a plan that he felt would address parking and the CC& R's should be sufficient to ensure there
are no issues.
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Minutes of September 11, 2012 4
City Attorney Abich- Garcia stated she would make sure all of the concerns discussed tonight were
reviewed and addressed in the CC& R's.
Mayor Pro Tem Gafin stated he wanted language to be included in the CC& R's stating that guest
parking would require a permit and guest parking is not for residential use.
Mayor Brossmer stated that currently condominiums in the City do not have an issue with parking
therefore, he could not vote against a project because of a problem that does not currently exist or
based on a worse case scenario.
Council Member Guerra stated that other condominiums have been able to deal with limited parking
and is in favor of a project that would occupy a lot that has been vacant for a long time and being that
the City can not buy the property adjacent to this one, he will vote in favor of the project.
It was moved by Council Member Guerra, seconded by Council Member Marquez, and passed with
Mayor Pro Tem Gafin and Council Member Vasquez voting no, to adopt the Resolution.
It was moved by Council Member Guerra, seconded by Council Member Marquez, and passed with
Mayor Pro Tem Gafin and Council Member Vasquez voting no, to introduce the Ordinance.
NON - AGENDA PUBLIC COMMENT
The following people spoke regarding the officer - involved shooting:
,...... Laura Consentino
Jean Thaxton
Terry (no last name provided)
Debra (no last name provided)
Damien Ramirez
Ben Coutae, resident, stated he reviewed the plans for the project at 8605 Gallitin Road and
stated that units would be 3 -4 bedrooms not 2 -3. He reported on a recent police incident in the City
that concerned him.
CONSENT CALENDAR ITEMS REMOVED
7. CASH CONTRACT NO. S.S. 640 — ANNUAL MISCELLANEOUS CONCRETE CONSTRUCTION
AND REPAIR AREAS "A" & "B" AWARD CONSTRUCTION CONTRACT: AWARD CASH
CONTRACT IN THE AMOUNT OF $304,955 TO FS CONSTRUCTION FOR THE ANNUAL
MISCELLANEOUS CONCRETE CONSTRUCTION AND REPAIR AREAS "A" & "B" PROJECT:
Public Works. This item was pulled at the request of Mayor Brossmer and is listed under Other
Business.
CITY COUNCIL CONSENT CALENDAR
It was moved by Council Member Vasquez, seconded by Council Member Marquez, with Council
Member Guerra abstaining from Item No. 3, to approve the Consent Calendar.
3. APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings of August 28, 2012:
City Clerk.
4. APPROVED WARRANTS ISSUED: Warrant Nos. 270491 - 270825; Wire Nos. 30002732 —
30002741 and, 941 -947 in the total amount of $3,266,978.71: Finance.
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Minutes of September 11, 2012 5
5. CASH CONTRACT NO. S.S. 603 — FLORENCE AVENUE FIBER OPTIC COMMUNICATIONS
SYSTEM: ACCEPT THE IMPROVEMENTS CONSTRUCTED, APPROVED THE FINAL
CONSTRUCTION CONTRACT AMOUNT OF $1,316,368, DIRECTED THE PUBLIC WORKS
DIRECTOR TO FILE THE NOTICE OF COMPLETION, AND, APPROVED $300,412 IN CARRY -
FORWARD APPROPRIATIONS FOR THIS PROJECT: Public Works.
6. CASH CONTRACT NO. S.S. 611 — VEHICLE SPEED FEEDBACK SIGNS: ACCEPTED THE
IMPROVEMENTS CONSTRUCTED, APPROVED THE FINAL CONSTRUCTION CONTRACT
AMOUNT OF $180,860 AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE THE
NOTICE OF COMPLETION: Public Works.
8. APPROPRIATION OF SUPPLEMENTAL LITERACY GRANT FUNDS: Administration.
9. APPROVED AN AGREEMENT WITH ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) TO
UPDATE THE CITY OF DOWNEY'S GENERAL PLAN HOUSING ELEMENT FOR THE 2014-
2021 PLANNING PERIOD: Community Development.
10. APPROVED AGREEMENTS TO IMPLEMENT CHANGES TO THE ADMINISTRATION OF
EMPLOYEE BENEFITS AND AUTHORIZE THE CITY MANAGER OR HIS DESINEE TO ENTER
INTO AN AGREEMENT WITH KEENAN AND ASSOCIATES AND OTHER COVERAGE
PROVIDERS FOR THE ADMINISTRATION OF EMPLOYEE BENEFIT PROGRAMS: Human
Resources.
11. AUTHORIZED THE CITY MANAGER TO SIGN THE SEVERANCE AGREEMENT AND GENERAL
RELEASE BETWEEN THE CITY OF DOWNEY AND JOHN E. MICHICOFF: Administration.
12. AUTHORIZED THE CITY MANAGER TO AMEND THE CONTRACT WITH NPO SOLUTIONS,
INC., AND ENTER INTO AN AGREEMENT FOR $19,850: Administration.
13. AUTHORIZATION TO SUBMIT GRANT APPLICATIONS FOR THE 2012 HABITAT
CONSERVATION FUND PROGRAM: Administration.
ADMINISTRATIVE REPORTS
14. AD HOC COMMITTEE - SHUTTLE NAMING CONTEST: APPOINTED TWO COUNCIL
MEMBERS TO AN AD HOC COMMITTEE TO MAKE RECOMMENDATIONS FOR THE
SPACE SHUTTLE MOCK -UP NAMING CONTEST: Administration.
City Manager Livas mentioned that 150 entries were received for the shuttle naming contest
and requested an ad hoc committee be formed, to include two Council Members, to review all
submissions.
It was moved by Council Member Vasquez, seconded by Council Member Guerra, and
unanimously carried to approve the nomination of Council Member Guerra and Mayor
Brossmer.
15. ADOPTED RESOLUTION NO. 12-7373, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY AUTHORIZING A RESOLUTION OF INTENTION TO APPROVE 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 (3% @ 55 Second Tier Retirement Formula for Safety Police New Hires): Administration.
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Minutes of September 11, 2012 6
Human Resource Director Youssefieh requested adoption of a Resolution that will allow the City to
amend the contract with the California Public Employees' Retirement System (CaIPERS) for the
Second Tier Retirement Formula that would only apply to sworn police members entering membership
after the effective date of the amendment to the contract. This year the City negotiated with both the
Police Officers Association and Police Management to implement the 3% @ 55 formula. The adoption
of the Resolution intention is the first step in the process with CaIPERS. The second would be to adopt
an Ordinance. CaIPERS require 30 days between the adoption of the Resolution and of the Ordinance.
Staff would come back to Council on October 9 with an urgency notice to implement the contract
amendment. The City can not move forward with the hiring process of police until this step is complete.
Mayor Brossmer thanked all of the Unions for working with the City on pension reform to ensure
long term fiscal stability of the City.
It was moved by Mayor Pro Tem Gafin, seconded by Council Member Marquez, and unanimously
carried to adopt the Resolution.
16. AMEND ARTICLE VI OF THE MUNICIPAL CODE TO ESTABLISH PROCEDURES TO DENY
AND TO REVOKE BUSINESS LICENSES: Community Development.
A. INTRODUCED ORDINANCE NO. 12- , A ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DOWNEY AMENDING VARIOUS SECTIONS OF CHAPTER 2 OF ARTICLE
VI AND ADDING CHAPTER 3 TO ARTICLE VI OF THE DOWNEY MUNICIPAL CODE
REGARDING BUSINESS LICENSES.
r Community Director Saeki asked Council to consider an amendment to the Municipal Code that
would establish a procedure to deny, suspend or revoke a business license.
Council Member Guerra asked if there were safeguards in place to deal with retaliation on
applications that have been denied.
Community Director Saeki stated that the City has a process in place in which a business license
can be denied if it meets one of six findings or revoked if it meets one of eight findings.
It was moved by Council Member Marquez, seconded by Council Member Guerra, and unanimously
carried to introduce the Ordinance.
OTHER BUSINESS
Council Member Guerra requested direction from staff on the application selection process for
Youth Commission.
City Attorney Abich- Garcia stated that the item would be on a future agenda and no direction will be
given at this time.
Council Member Guerra stated that although he did not pull Item No. 10 in the future, before the
City seeks a Request for Proposal (RFP) a broker should be selected
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Minutes of September 11, 2012 7
7. CASH CONTRACT NO. S.S. 640 — ANNUAL MISCELLANEOUS CONCRETE CONSTRUCTION
AND REPAIR AREAS "A" & "B" AWARD CONSTRUCTION CONTRACT: AWARD CASH
CONTRACT IN THE AMOUNT OF $304,955 TO FS CONSTRUCTION FOR THE ANNUAL
MISCELLANEOUS CONCRETE CONSTRUCTION AND REPAIR AREAS "A" & "B" PROJECT:
Public Works.
It was moved by Mayor Brossmer, seconded by Council Member Marquez, and unanimously carried
to reject all bids and re -bid the project.
ADJOURNMENT
The meeting adjourned at 9:30 p.m. to 6:30 p.m., September 25, 2012, in memory of Colette Fowler,
Recreation Coordinator, Parks and Recreation Department.
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ADRIA M. JIMENE CM RO e : R C. BROSSMER, Mayor
City Clerk
11■4
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Minutes of September 11, 2012 8