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HomeMy WebLinkAboutMinutes - 05-28-13 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING MAY 28, 2013 The City Council of the City of Downey held a Regular Meeting at 7:32 p.m., May 28, 2013, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Guerra presiding. PRESENT: Council Members: Mario A. Guerra Mayor Fernando Vasquez Mayor Pro Tem Roger C. Brossmer Luis H. Marquez Alex Saab ALSO PRESENT: Gilbert Livas, City Manager John Oskoui, Assistant City Manager Yvette M. Abich Garcia, City Attorney Adria M. Jimenez, CMC, City Clerk Shannon DeLong, Assistant to the City Manager Lonnie Croom, Fire Chief Carl Charles, Police Chief Brian Saeki, Community Development Director Arlene Salazar, Parks & Recreation Director Gladys Chavez, Secretary The Invocation was delivered by Mayor Guerra. The Flag Salute was led by Student Council Members from Carpenter Elementary School. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE /MEETING REPORTS Council Member Marquez welcomed everyone in attendance. He reported attending the Memorial Day Ceremony at City Hall and thanked staff for a great event. He reported attending the 54 Annual California Contract Cities Association Municipal Seminar and reported on the workshop: AB 109 Public Safety Realignment. Mayor Pro Tem Vasquez welcomed everyone in the audience. He reported attending the Memorial Day Ceremony at City Hall and thanked staff, Parks & Recreation Department, Police Department, and the Fire Department for a great event. He reported attending the 54 Annual California Contract Cities Association Municipal Seminar and reported on the workshop: Views From Sacramento. He welcomed Kimberlee Tachiki Chin and Alfonso Alfano representatives from Congresswoman Lucille Roybal- Allard's office. He requested staff provide an update on the proposed meeting regarding the Via Amorita and Woodruff Avenue traffic signal. Council Member Brossmer reported attending the Memorial Day Ceremony at City Hall and thanked g Y Y Y staff, Legion Post 270, Police Department, and the Fire Department for a great event. He reported attending the Annual Memorial Day Ceremony at the Downey Cemetery and thanked the Boy Scouts of America for installing the flags on the tombstone. He reported attending the Public Works Week breakfast event where he had the opportunity to serve staff breakfast. He attended the Cafe Quill event City Council Regular Meeting Minutes of May 28, 2013 1 at the Barbara J. Riley Senior Center where Doctor Flynn was recognized. He reported attending the 54 Annual California Contract Cities Association Municipal Seminar and reported on the workshop: Earthquake Preparedness and listened to keynote speaker District Attorney Jackie Lacey. He welcomed his aunt Peggy, former Mayor Cartozian, Principle of Carpenter Elementary Hesketh, and Downey Chamber of Commerce and Downey Adult School representative Madriaga. He invited everyone to attend the 2013 American Cancer Society Relay for Life event at Downey Adult School, June 1 -2. Council Member Saab welcomed everyone in attendance and recognized Downey Chamber of Commerce representative Madriaga who was in the audience. He reported attending the 54 Annual California Contract Cities Association Municipal Seminar and reported on the workshop: Earthquake Preparedness, and suggested integrating emergency preparedness with the Neighborhood Watch Program. He invited everyone to attend: the Make Music Downey celebration on June 8; the ribbon cutting event at Treasure Island Park on June 1; and, the 29 Annual Downey Greek Festival sponsored by St. George Church June 1 -2. He reported attending the American Legion Post -270 meeting where Downey police and fire personnel were recognized. He requested the Via Amorita and Woodruff Avenue traffic signal meeting once scheduled, be held between 6:30 p.m. or 7:00 p.m. Mayor Guerra welcomed everyone in attendance and recognized former Mayor Cartozian who was in the audience. He reported on various events taking place throughout the City this weekend: Veteran's Job Faire at Rives Mansion, American Cancer Society Relay for Life; and, the ribbon cutting event at Treasure Island Park on June 1. He reported attending the Memorial Day Ceremony at City Hall. He reported attending the 54 Annual California Contract Cities Association Municipal Seminar and reported on the workshop: AB 109 Public Safety Realignment. He invited everyone to the Mayor's Walking Wednesdays at Downey High School. He reported on our new Sister City with County Roscommon, Ireland. He invited everyone to attend the Rio Hondo Golf Club Community Open House on June 9. He requested staff look into why the Paramount Boulevard and Florence Avenue street improvement project is not being done in the evening and asked staff to review the possibility of working with a grant consultant to explore additional grant opportunities for the City; he requested a review of the City's membership of the Central Basin Association and asked it be brought back to Council for discussion; he requested staff review the possibility of reviewing demolition permits for historical significance prior to destruction; he requested staff incorporate into the upcoming budget meeting: fiscal responsibility, economic vibrancy; efficiency, adaptability, quality of life, and public engagement. He welcomed Rancho Los Amigos National Rehabilitation Center representatives and thanked them for their partnership in keeping Downey healthy. PRESENTATIONS Mayor Guerra's Healthy Downey weight was 263 pounds. Mayor Guerra presented a Certificate of Appreciation to the Downey Arts Coalition for sponsorship of the Make Music Downey event on June 8, 2013. Mayor Guerra presented a Certificate of Appreciation for the 20 Annual Lucille Roybal- Allard Congressional Art Competition to representatives Kimberlee Tachiki Chin and Alfonso Alfano. Mayor Guerra presented a proclamation for CalFresh awareness declaring May as CalFresh Awareness Month. Mayor Guerra presented Certificates of Recognition to Warren High School Humanitarian Society Members. Stay Gallery Presentation: This item was taken out of order. City Council Regular Meeting Minutes of May 28, 2013 2 PUBLIC HEARINGS 1. DOWNEY MUNICIPAL CODE AMENDMENT - EMERGENCY SHELTERS, TRANSITIONAL HOUSING, SUPPORTIVE HOUSING, AND SINGLE RESIDENT OCCUPANCIES: Community Development. A. INTRODUCED ORDINANCE NO 13- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO ARTICLE IX OF THE DOWNEY MUNICIPAL CODE (PLN -13- 00029), THEREBY ALLOWING THE ESTABLISHMENT OF EMERGENCY SHELTERS, TRANSITIONAL HOUSING, SUPPORTIVE HOUSING, AND SINGLE RESIDENT OCCUPANCIES. Mayor Guerra opened the Public Hearing at 8:26 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Council Member Brossmer, seconded by Council Member Saab, and so ordered to receive and file. Senior Planner Blumenthal stated that a recent amendment to the zoning Ordinance to accommodate California Senate Bill (SB) 2 which amended the California housing law required all cities to accommodate emergency shelters, transitional housing, supporting housing, and single resident occupancies (SRO). The City's current housing element does include two policies stating that the City would amend the zoning code to accommodate these types of housing. Currently, the City is updating its housing element and the State of California will not approve it unless this Ordinance is taken into account. He explained emergency shelters are for immediate assistance, SRO's are for lower income housing needs, supportive housing is for long term housing for disabled or senior citizens, and transitional housing accommodates short term housing needs for low income families. He stated the Planning Commission held a public hearing on April 17, 2013, and the Commission recommended the City Council introduce the Ordinance tonight in order to amend the code as required by SB2. Council Member Brossmer asked for clarification on the uses of single family residential areas as many residents have expressed concern regarding their location. He asked what options the City has if it disagreed with the States requirements. Senior Planner Blumenthal stated there are limited options and the City must allow for these types of uses in any residential zone because the State considers them a residential use. The City does have the ability to adopt a development standard which is currently included in the City's zoning code and feels it will address any issues that may arise. Council Member Saab asked for clarification on the housing element financing and list of projects that would be directly impacted if this item did not pass tonight. Senior Planner Blumenthal stated that failure of the City Council to take action on this Ordinance would impeded the City from having its housing element certified by the State of California causing the City to loose the ability to apply for grants, it would lose Community Development Block Grant (CDBG) funds, and would lose other State housing funds that the City is dependent upon. Community Development Director Saeki stated that there are no current projects directly impacted but the City relies on the money to fund many programs. Mayor Pro Tem Vasquez asked if there are cities that have elected not to have a certified housing element. Senior Planner Blumenthal stated yes, cities that are self- funded and do not rely on State or Federal funding. City Council Regular Meeting Minutes of May 28, 2013 3 Ms. Vanluben, resident, asked if all cities had to comply and have a certified housing element; if the funds came from the State or Federal government; requested clarification on what transitional housing _ was; asked how the location of the housing is determined; what is the City's obligatory 2014 General Plan; what makes staff think this will not cause a burden on residents; based on whose judgment is the amendment appropriate and reasonable; and, who decides where the low income housing will be located. She stated she does not see the benefit of taking State or Federal government grant money. City Manager Livas stated not all cities have to comply. There are self sustaining cities that do not rely on these funds but the City of Downey does rely on the funding and will lose about $1 million annually from the State and Federal government if it did not comply. Senior Planner Blumenthal explained that transitional housing programs are run by the County, therefore; they control the qualifying selection process. The General Plan is the City's policy document that guides long term housing development projects in the City from 2014 -2021. Staff is confident that the zoning code amendment will address any concerns. City Attorney Abich- Garcia requested further explanation of the City's development standards. Senior Planner Blumenthal explained the City's development standards. For emergency standards, the City requires a management plan be filed. There are hours of operation limitations and there must be a separation of 500 feet between shelters. Development standards for outdoor storage requires the exterior be kept clean, sanitation requirements, bike racks, exterior lighting, supply room, and storage facility requirements. The City also has included general property maintenance standards and parking standards. He clarified that the various facilities would be primarily established in the Hospital Medical (HM) Zone which surrounds the Downey Regional Medical Center, however; transitional and supportive housing is allowed in all residential areas. Mayor Pro Tem Vasquez asked for clarification on transitional housing, its location within the City, and if they could potentially include a parolee taking up residency there. Senior Planner Blumenthal stated the State considers transitional and supportive housing as a standard residential use and is allowed in all residential zones; it is a County run program focused on assisting homeless people with finding employment and proving temporary housing until a permanent residence is secured. The Ordinance does not discriminate a parolee from being a homeless person. Mayor Pro Tem Vasquez asked if the City could establish an Ordinance that would prohibit transitional housing to be used by a parolee. City Attorney Abich- Garcia stated that a sex offender Ordinance currently exists but there is currently no Ordinance that regulates the influx of parolees. She stated there are several model Ordinances from other cities that the Council could consider adopting. She stated that adopting an Ordinance would be the best approach to address concerns regarding the residency of parolees, whether or not they were sex offenders and part of Megan's Law. Mayor Guerra asked if this item needed to be passed tonight. Council Member Saab stated he needed more time to consider information such as crime impacts and would be voting prematurely if he voted tonight. City Attorney Abich- Garcia stated that the item coincides with the City's housing element; therefore, -- it did have time constraints. She stated in the meantime, the City could start working on establishing an Ordinance. In addition, the City does currently have Ordinances in place, or can take code enforcement actions, if there are conditions that become a public nuisance, and the City can legally prosecute. City Council Regular Meeting Minutes of May 28, 2013 4 Community Development Director Saeki stated he required action be taken tonight in order to move forward with the City's housing element which impacts the City's eligibility for State and Federal funding. Council Member Brossmer asked if the City currently allows any of these housing elements and how many the City was anticipating. Senior Planner Blumenthal stated the City does currently have these types of housing elements which the City qualifies as Essential Care Facilities. The new development standard will be considered new uses and the City does not have an exact figure on the amount. Mayor Pro Tem Vasquez asked if the City can have a covenant recorded on the property mandating owners have a supporting housing program. City Attorney Abich- Garcia stated that the best approach is to deal with issues legislatively with an Ordinance or by law enforcement. Ms. Vanluben, resident, asked why the City made no mention of this item prior to tonight and asked what the location selection process was that determined where a transitional house would be located. She suggested the City utilized the Downey Patriot newspaper to notify residents of pressing items such as this one. City Manager Livas stated that the item came up because the City's General Plan is being updated and this item is a component of the General Plan. He stated that this was a County program; therefore, the City does not determine where they are located within the City. The City's goal is to have several safeguards in place to prevent issues and for most of the housing to be located in the City's HM zone. Margaret, resident, stated that the City is trying to house a very diverse group of people and asked if the City was planning to accommodate all of these people in one location. City Manager Livas stated that the goal of the legislation passed was for cities to be able to accommodate these people. They would not all be located in one building but rather distributed within specific areas. There being no further speakers, it was moved by Mayor Pro Tem Vasquez, seconded by Council Member Marquez and so ordered by the Mayor to close the Public Hearing at 9:05 p.m. Council Member Marquez stated that this is not the City of Downey's decision; the State of California adopts legislation and the City must comply. He stated that the City benefits from Federal funding; therefore, needs to meet the requirements of the State of California's housing element. He stated that although the State and County may be exempt from some policies, the City can put Ordinances in place for the protection of its residents. Council Member Saab asked if this item could wait until the next City Council Meeting. Community Development Director Saeki stated that it was imperative action be taken tonight because the City receives about $1.4 million in Federal funding in addition to State and Federal grants. Not complying with deadlines could mean losing the funding. Council Member Saab stated that there are too many unanswered questions that merit more time. He requested answers on how this would impact crime, value of homes and businesses, and requested further explanation of covenant requirements. Community Development Director Saeki stated that the City currently does not have SRO's; therefore, the data requested is not available. City Council Regular Meeting Minutes of May 28, 2013 5 City Attorney Abich- Garcia stated that unless it is a discretionary permit that comes to the Planning Commission where the City can impose a condition that a covenant be recorded on private property, it is very difficult for the City to require private property owners to record and enforce covenants. Her .__. recommendation would be to address concerns legislatively or by means of law enforcement. Mayor Guerra stated that the City relies on Federal and State funding and was not willing to risk loosing those funds. It was moved by Council Member Marquez, seconded by Council Member Brossmer, and passed 3- 2 with Mayor Pro Tem Vasquez and Council Member Saab voting no, to Introduce the Ordinance with safeguards in place. 2. DOWNEY MUNICIPAL CODE AMENDMENT - ADOPT AN UPDATE TO THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 2014 -2021 PLANNING PERIOD. (PLN -12- 00282): Community Development. A. ADOPT RESOLUTION NO. 13- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION AND UPDATING THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 2014 -2021 PLANNING PERIOD. Mayor Guerra opened the Public Hearing at 9:26 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Council Member Brossmer, seconded Mayor Pro Tem Vasquez, and so ordered to receive and file. City Clerk Jimenez noted there was no correspondence received and requested the hearing be continued to the meeting of June 11, 2013. Mayor Guerra requested the hearing be continued to June 11, 2013 due to insufficient time to read extensive information provided. It was moved by Council Member Saab, seconded by Mayor Pro Tem Vasquez, and so ordered to continue the Public Hearing to June 11, 2013. PRESENTATION Cont. Stay Gallery presented the City Council a progress report video. Executive Director Flores reported on the growth of the Gallery. He mentioned that their goal of having young people interested in art has been achieved. He stated that they are currently working on an aggressive fundraising campaign. He thanked Mayor Guerra and Community Development Director Saeki for hosting Gallatin Elementary at City Hall and assisting with teaching them local history. He stated that in the near future Stay Gallery will be a 501(c) 3 organization and that will help them achieve their goal of being completely sustainable by June 2014. He requested information on how to receive a liquor permit and Conditional Use Permits (CUP) for live entertainment. Mayor Guerra stated when the City passed the Downtown Specific Plan it was designed to allow for CUP's for live entertainment. He stated Community Development Director Saeki could further assist him with permits. He asked if Stay Gallery will be collaborating with the Downey Museum of Art in the future. Executive Director Flores stated they are currently in the process of working with the Downey Museum of Art and other local artist. Council Member Saab asked how many events Stay Gallery hosts per month. City Council Regular Meeting Minutes of May 28, 2013 6 Executive Director Flores stated they hosts 1 -2 large events a month, but are looking to expand that number once they secure permits from the City. Council Member Saab asked for clarification on the difference between a museum and a gallery. Executive Director Flores stated that a museum has the capacity to host and house large collections, where a gallery does not have the same capacity. Council Member Saab asked for clarification on when Stay Gallery would become self- sustaining and no longer be funded by the City. He asked if they had a business plan. Executive Director Flores stated it was his goal to be economically sustainable by June 2014, and Stay Gallery is following a business and marking plan. PUBLIC HEARINGS Cont. 3. 2013 -2014 ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM: Community Development. A. APPROVED THE ACTION PLAN FOR THE PERIOD OF JULY 1, 2013, THROUGH JUNE 30, 2014; AND, B. AUTHORIZED THE CITY MANAGER TO SUBMIT THE ACTION PLAN WITH HUD SF -424 APPLICATION AND GRANTEE CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Mayor Guerra opened the Public Hearing at 9:55 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tem Vasquez, seconded by Council Member Saab, and so ordered to receive and file. Community Development Director Saeki stated that the United States Department of Housing and Urban Development (HUD) requires all cities that receive Community Development Block Grant (CDBG) and HOME funds have an approved 5 Year Consolidated Plan and an Annual Action Plan in place. The City Council approved the 5 year Consolidated Plan in March 2010 for the time period of 2010 — 2015. Staff is preparing the Annual Action Plan and prior to it being finalized the City is required to hold two public meetings before submitting it to HUD. The first meeting was held in March, this would be the final public hearing meeting. In addition, staff held two community meetings. He stated that the Federal government will be reducing the CDBG and Housing fund by 5% for budget Fiscal Year 2013/14. He stated that the CDBG fund would be broken down as follows: 65% eligible housing activities, 20% general administration, and 15% public service. HOME funds are broken down as follows: 75% eligible housing activities, 10% general administration, and 15% community housing development organizations. Mayor Guerra asked for clarification on the HOME investment partnership grant for the previous year's budget of $252,559 and the proposed funding of $378,489 for Fiscal Year 2013/14 and asked where the additional funding would be used. Community Development Director Saeki stated that in the past CDBG funds were used for housing rehabilitations, but the proposed funding will not include CDBG in fiscal 2013/14. Council Member Saab asked for clarification on the Whole Child project. Community Development Director Saeki explained it was a transitional housing program that provides temporary housing for homeless families. City Council Regular Meeting Minutes of May 28, 2013 7 Mayor Guerra asked that staff provide an Annual Comprehensive report of all projects. It was moved by Council Member Saab, seconded by Council Member Marquez, and unanimously carried to close the Public Hearing at 10:03 p.m. It was moved by Council Member Brossmer, seconded by Council Member Marquez, and unanimously carried to approve staff's recommendations. NON - AGENDA PUBLIC COMMENT: This item was taken out of order. CONSENT CALENDAR ITEMS REMOVED 6. CASH CONTRACT NO. 630A - COLUMBIA WAY PAVEMENT REHABILITATION PROJECT (LAKEWOOD BOULEVARD — FOSTER ROAD): APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE SOLICITATION FOR BIDS: Public Works. This item was removed at the request of Mayor Guerra and is listed under Other Business. 7. 9300 STEWART & GRAY ROAD AND 11941 WOODRUFF AVENUE COMMERCIAL LEASE: Community Development. This item was removed at the request of Mayor Guerra and is listed under Other Business. A. AUTHORIZE THE CITY MANAGER TO ENTER INTO A STANDARD AIR COMMERCIAL LEASE WITH ALLSTATES TRANSPORTATION FOR CITY OWNED PROPERTY LOCATED AT 9300 STEWART & GRAY ROAD AND 11941 WOODRUFF AVENUE; AND, B. APPROVE AN EXCLUSIVE RIGHT TO REPRESENT OWNER FOR SALE OR LEASE OF --- REAL PROPERTY LOCATED AT 9300 STEWART & GRAY ROAD AND 11941 WOODRUFF AVENUE BETWEEN THE CITY OF DOWNEY AND COLLIERS INTERNATIONAL AND AUTHORIZE THE CITY MANAGER TO ENTER INTO SAID AGREEMENT. 14. ADOPTED RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE STATE LEGISLATURE TO CONSIDER CHANGES TO ASSEMBLY BILL 109 REQUIRING STRICTER SUPERVISION AND SENTENCING FOR RELEASED OFFENDERS. This item was removed at the request of Mayor Guerra and is listed under Other Business. CITY COUNCIL CONSENT CALENDAR It was moved by Council Member Brossmer, seconded by Council Member Saab, and unanimously carried to approve the remainder of the Consent Calendar. 4. APPROVED CITY COUNCIL MINUTES: Special Meeting of May 10, 2013, and Adjourned and Regular Meetings of May 14, 2013: City Clerk. 5. APPROVED WARRANTS ISSUED: Warrant Nos. 276413 —276787; Wire Nos. 30002914 & 30002921 and 30002925 — 30002933, excluding 30002924 & 30002931, Cashiers Check numbers 28, in the total amount of $3,480,093.27: Finance. A ..% City Council Regular Meeting Minutes of May 28, 2013 8 8. LIGHTING AND LANDSCAPING DISTRICT, ASSESSMENT DISTRICT 121, FISCAL YEAR 2013/2014: Public Works. A. ADOPTED RESOLUTION NO. 13 -7412, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE ENGINEER'S REPORT FOR ASSESSMENTS WITHIN THE LIGHTING AND LANDSCAPE DISTRICT, ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2013 -2014; and, B. ADOPTED RESOLUTION NO. 13 -7413, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO LEVY AND COLLECT LIGHTING AND LANDSCAPING ASSESSMENTS WITHIN THE LIGHTING AND LANDSCAPE DISTRICT, ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2013 -2014, AND SET A PUBLIC HEARING FOR JUNE 11, 2013. 9. ADOPTED RESOLUTION NO 13 -7414, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENTS OF CATHERINE JAYIN JUN AND ANTHONY NEGRETE TO THE GREEN TASK FORCE FOR COUNCIL DISTRICT 4: Mayor Pro Tem Vasquez. 10. ADOPTED RESOLUTION NO 13 -7415, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF JAMES NIELSEN TO THE EMERGENCY PREPARDENSS COMMITTEE FORCOUNCIL DISTRICT 1: Council Member Marquez. 11. INTRODUCED ORDINANCE NO. 13- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE III, CHAPTER 1, PART 12 OF THE DOWNEY MUNICPAL CODE EXEMPTING VEHICLES WITH VALID VETERAN'S SPECIAL LICENSE PLATES FROM CERTAIN PARKING RESTRICTIONS IN THE CITY: Police. 12. ADOPTED ORDINANCE NO. 13-1312, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING CHAPTER 12 TO ARTICLE II OF THE DOWNEY MUNICIPAL CODE PERTAINING TO THE USE OF THE OFFICIAL CITY NAME, CITY SEAL, MOTTOS, LOGOS AND PATCHES: City Clerk. 13. AUTHORIZED STAFF TO SUBMIT A GRANT REQUEST FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM 2013 LOCAL SOLICITATION: Police. NON - AGENDA PUBLIC COMMENT John Paul Dryer, representative of the Cerritos College Board of Trustees, reported on the progress of the college and requested support for AB1 82, refinancing of capital appreciation bonds. Mr. Gonzales, resident, reported on the hazard conditions on Woodruff Avenue and Via Amorita, asked if a permit was required to film current traffic conditions at that intersection when children are present, and thanked staff for facilitating a meeting between the City and residents to address concerns. He stated he looked forward to all Council Members being present. Council Member Brossmer cautioned the resident regarding filming traffic conditions before and after school as children require parent authorization prior to being filmed. Mayor Guerra stated that all Council Members would not be in attendance as it would be a violation of the Brown Act and requested this item be brought back to Council for further discussion. City Council Regular Meeting Minutes of May 28, 2013 9 City Attorney Abich- Garcia suggested agendizing the meeting in order for all Council Members to participate in the discussion. Jennifer Alvarez, resident, spoke about her opposition of a traffic signal on the corner of Woodruff Avenue and Via Amorita. She requested a crossing guard and the school work together with the residents to find a better solution. OTHER BUSINESS 6. CASH CONTRACT NO. 630A - COLUMBIA WAY PAVEMENT REHABILITATION PROJECT (LAKEWOOD BOULEVARD — FOSTER ROAD): APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS: Public Works. Mayor Guerra asked for clarification of the project area map and if there would be any work done to Imperial Highway. Public Works Director Oskoui stated that the work would be on Columbia Way only. He stated that south of Imperial Highway on Columbia Way will be a complete reconstruction of the pavement; north of Imperial Highway will be a rehabilitation of the pavement. Mayor Guerra asked if this project was in line with the Pavement Management Information System (PMIS) and requested a project priority list, because his concern is that funds used in smaller projects could be saved and utilized to rehabilitate Lakewood Boulevard in the future. Public Works Director Oskoui stated this project was part of the Capital Improvement Project (CIP) that was approved by the City Council last year. The original bid included improvements to Brookshire .... Avenue and Columbia Way and also included water and roadway improvements. The bid came in too high; therefore, it was decided that the two streets and two project elements would be separated. Before Council tonight is the separation of the project for approval. Council Member Brossmer asked if the Council could receive an updated copy of the PMIS. Public Works Director Oskoui stated that in September he would provide a comprehensive 5 year master capital improvement program. In the meantime, during the budget workshop any upcoming projects will be outlined at that time. Mayor Guerra expressed concern that Lakewood Boulevard is in greater need of improvements. Public Works Director Oskoui stated that Lakewood Boulevard is part of the CIP project list; however, the City can not move forward with improvements until Southern California Edison (SCE) makes their underground utility improvements. Staff is currently working with SCE to come up with a strategy. It was moved by Council Member Brossmer, seconded by Council Member Saab, and passed 4 -1 with Mayor Guerra voting no, to approve staff's recommendations City Council Regular Meeting Minutes of May 28, 2013 10 7. 9300 STEWART & GRAY ROAD AND 11941 WOODRUFF AVENUE COMMERCIAL LEASE: Community Development. A. AUTHORIZE THE CITY MANAGER TO ENTER INTO A STANDARD AIR COMMERCIAL LEASE WITH ALLSTATES TRANSPORTATION FOR CITY OWNED PROPERTY LOCATED AT 9300 STEWART & GRAY ROAD AND 11941 WOODRUFF AVENUE; AND, B. APPROVE AN EXCLUSIVE RIGHT TO REPRESENT OWNER FOR SALE OR LEASE OF REAL PROPERTY LOCATED AT 9300 STEWART & GRAY ROAD AND 11941 WOODRUFF AVENUE BETWEEN THE CITY OF DOWNEY AND COLLIERS INTERNATIONAL AND AUTHORIZE THE CITY MANAGER TO ENTER INTO SAID AGREEMENT. Council Member Saab asked how many inquiries the City received regarding the sale of this property and what is the City's plan for the property. Community Development Director Saeki stated there have been a total of three interested parties and of those three, two were here tonight. The third is no longer interested. Public Works Director Oskoui stated the City has a plan to build a water recycling facility to capture various available sources of water and utilize it to avoid having to pay money to import water or replenishment assessment fees. Mayor Guerra asked for a timeframe of when this would be completed. Public Works Director Oskoui stated it would cost about $42 million to build a plant, therefore; funding needed to be secured first. He stated the City is located between two rivers and can utilize that water source. The goal is to have various users that would utilize the services to partner up with the City to have a community pool to collect the money and build the facility in about 4 years. Mayor Guerra asked why the City believed that the Water Replenishing District (WRD) and Central Basin would be interested in partnering up with the City or that the City would be able to secure funding sources. Public Works Director Oskoui stated it was because of the City's ability to access the river. Also, part of the 2009 amendment to the judgment by WRD envisioned a community storage program in which different pumpers, as part of a community pool, would be able to access these investments and coming together with various partners to do a project that everyone would benefit from. City Manger Livas stated there were many unknowns about the project. What staff was laying out tonight what simply what is on the horizon for the upcoming 5 years. Based on various political aspects it may be longer than that time frame to complete the project. Mayor Guerra stated being concerned that while the City waits for funding there is a potential lose of revenue from the two interested parties. Community Development Director Saeki stated that Allstate Transportation would make minimal cosmetics upgrades, would like a 1 -year initial term with an additional 3 -year option, and would include about 25 employment opportunities. Mariscos Bahia would like a 10 -year initial term with an additional 10 year option; they would make significant building improvements and would include about 50 employment opportunities. Council Member Marquez asked what funds were used to purchase the property, and were there any restrictions tied to the purchase. He stated if the goal was to tear down the existing building it does not matter what improvements an interested party makes. City Council Regular Meeting Minutes of May 28, 2013 11 Public Works Director Oskoui stated the funding used to purchase the property came from two sources: $3.1 million was from the Water Fund; $ 1.1 million from the General Fund. He reminded Council that Water Fund money is restricted and must be used for water related uses and must benefit the public. He stated that the goal was to tear down the building; therefore, any proposed improvements do not matter. Council Member Brossmer asked if there would be any audit implications if a loan was locked in long term. Public Works Director Oskoui stated yes. He explained that when the state auditor initially reviewed the 5 year history of expenditures for the Water Fund they doubted the City's intention and seriously questioned utilizing the Water Fund to purchase the property. The City had to reinforce to the State auditor the intent, therefore, approved a Resolution in 2012 that clearly stated the intention of the City Council. He stated being concerned that if the City did anything other than what it intended, it may have implications. Mayor Guerra stated that the City's intent remained the same but in the meantime the City needed to generate revenue. Council Member Marquez asked for clarification on the City's intent and asked for available options for this property because he does not want the City to be in any violation. Mayor Pro Tem Vasquez asked for clarification on which portion of the funds came from the Water Fund. Public Works Director Oskoui stated that it was approximately $3.1 million from the Water Fund and $1.1 million from the General Fund. .-. Mayor Pro Tem Vasquez asked where the City had originally planned to acquire $40 million plus to build the proposed water facility. Public Works Director Oskoui stated the City had hoped it would come from the State or Federal government and reminded Council that the State auditor had the final authority on this matter and he did not want to see the City in a position where its original intent would be questioned or where the City would be in violation of Proposition 218. Council Member Saab asked for more information on the third interested party. Community Development Director Saeki stated he would have that information at the next meeting and stated it was his professional opinion that Allstate Transportation would not wait until the following Council meeting because they had an immediate need for use of this building. Mayor Pro Tem Vasquez asked if the Council approved a lease agreement for three years would that raise a red flag to the State auditor. Public Works Director Oskoui stated that the State auditor was aware the City would require about 4 -5 years to secure funding. Mr. Cartozian, representative of Mariscos Bahia, requested Council review the City's contract for a possible out clause that would allow for a long term tenant to lease the facility. ■• Council Member Brossmer stated he was optimistic the City would be able to get this project off the ground in 4 -5 years and he does not want the City to end up exposed to the auditor. He stated he is not in favor of this item. City Council Regular Meeting Minutes of May 28, 2013 12 It was moved by Mayor Pro Tem Vasquez, seconded by Mayor Guerra, and passed 4 -1 with Council Member Brossmer voting no, to bring back this item with additional information in two weeks. 14. ADOPTED RESOLUTION NO. 13-7416 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE STATE LEGISLATURE TO CONSIDER CHANGES TO ASSEMBLY BILL 109 REQUIRING STRICTER SUPERVISION AND SENTENCING FOR RELEASED OFFENDERS. Mayor Guerra. Mayor Guerra stated that the City is concerned about public safety; therefore, this Resolution would request Sacramento consider public safety in their decision making. It was moved by Mayor Guerra, seconded by Council Member Marquez, and unanimously carried to adopt the Resolution. ADMINISTRATIVE REPORTS: None STAFF MEMBER COMMENTS: None. ADJOURNED The meeting adjourned at 11:01 p.m. to 6:30 p.m., June 11, 2013, in memory of the Servicemen who perished this past week during Operation Enduring Freedom: Sgt. 1 Class Trenton L. Rhea of Oakley, KS; Sgt. 1 Class Jeffrey C. Baker of Hesperia, CA; Spc. Mitchell K. Daehling of Dalton, MA; Sgt. Eugene M. Aguon of Mangilao, Guam; Spc. Dwayne W. Flores, of Sinajana, Gua . ADRIA M. JIMENEZ, CMC MARIO A. GUERRA, Mayor City Clerk City Council Regular Meeting Minutes of May 28, 2013 13