HomeMy WebLinkAboutMinutes - 07-09-13 Regular Meeting MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
- REGULAR MEETING
JULY 9, 2013
The City Council of the City of Downey held a Regular Meeting at 7:32 p.m., July 9, 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 Tern
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 Pastor Chris Stewart of the Trinity Baptist Church.The Flag Salute
was led by Community Development Director Saeki.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND
CONFERENCE/MEETING REPORTS
Mayor Pro Tem Vasquez welcomed everyone in attendance. He reported attending Fourth of July
community block parties. He requested the Police Department continue working towards eliminating
illegal fireworks in the City. He requested staff provide a status report regarding WiFi in City parks and
the Downtown area and beautification of entry points.
Council Member Saab welcomed everyone in attendance and recognized Chamber of Commerce
Board of Director Kovac. He reminded everyone of the upcoming street pavement management
information system workshop that will be held July 17. He reminded everyone to participate in the
"America Is Your Park" campaign sponsored by the Coca-Cola Company and requested selecting
Furman Park as the park of choice. He congratulated and thanked Downey Historical Society retiree
John Vincent for his hard work. He thanked staff for securing a $20 million grant for the replacement
and rehabilitation of the Florence Ave. Bridge and the citywide traffic signal system. He wished Fire
Chief Croom a happy birthday.
Council Member Brossmer welcomed Downey Unified School District Board Member Sodetani and
Youth Commissioner Sodetani who were in the audience. He reported missing the City Council
Meetings held in June in order to attend a work-related conference and attend his son's fifth grade
graduation. He reported attending a theater sub-committee meeting that had positive results. He
reported attending the firework event sponsored by Calvary Chapel held at Downey High School and
stated he enjoyed it.
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Minutes of July 9,2013 1
Mayor Guerra reported attending the firework event sponsored by Calvary Chapel held at Downey
High School. He stated the quantity of illegal fireworks has increased and was very disappointed. He
stated the Police Department issued many citations and in speaking with surrounding cities, they too
expressed concerns with illegal fireworks. He requested staff look into possible solutions to this
problem. He reported attending the American Red Cross's Hometown Heroes award ceremony where
Ms. Espinosa and Ms. Ruiz of Home Services Association were recognized for their assistance of a
Downey resident. He invited everyone to Twilight Summer Concerts and the Mayor's Walking
Wednesdays. He stated the Independent Cities Association has requested Council Members be guest
speakers at an upcoming conference in regards to Downey's success in changing the health care of
the community. He reported on upcoming community events: National Night Out,August 6;shop with a
nutritionist at Albertsons Grocery store, August 17; bicycle education safety course, August 24; and,
International Walk to School Day, October 9. He thanked Coca-Cola Company for hosting the Healthy
Partners meeting. He stated the City will explore a possible partnership for a community garden with
the Growing Garden to educate the community about healthy living. He reported on the 10-year
Anniversary of the death of Fallen Hero of Operation Iraqi Freedom: Marine Lance Corporal Jason
Tetrault. He thanked the residents that attended the Special Meeting on July 9,2013 and stated it was
a very productive meeting where a few safety measures were passed. He welcomed resident Cindy(no
last name provided), an avid participant of Mayor's Walking Wednesdays.
PRESENTATIONS
Mayor Guerra's Healthy Downey weight was 257 pounds.
NON-AGENDA PUBLIC COMMENT: This item was taken out of order.
Resident(no name provided),thanked the City Council for coordinating the meeting with residents
to address concerns regarding the Via Amorita and Woodruff Avenue proposed street light. He stated
not being satisfied with the reports presented to residents during the meeting nor the recommendation
of a lighted beacon because not many have been installed nationwide.
Mayor Guerra stated that the proposed beacon was new technology.
Jeff(no last name provided), stated being very dissatisfied with the amount of illegal fireworks. He
thanked the Police Department for their efforts.
John Lacey congratulated the City Council for passing a balanced budget and complimented the
Council on receiving the All-America City award. He suggested the Police Department utilize
surveillance cameras for officers on patrol.
Police Chief Charles stated police officers currently wear surveillance cameras as part of their
uniform.
PUBLIC HEARINGS: None.
CONSENT CALENDAR ITEMS REMOVED
5. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH FIRESTATS, LLC FOR
PROFESSIONAL ANALYSIS AND CONSULTING RELATED TO FIRE SERVICE OPERATIONS:
FIRE. This item was pulled and is listed under Other Business.
CITY COUNCIL CONSENT CALENDAR
It was moved by Council Member Brossmer, seconded Mayor Pro Tern Vasquez, and unanimously
carried to approve the remainder of the consent calendar.
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Minutes of July 9, 2013 2
1. APPROVED CITY COUNCIL MINUTES: Special Meeting of June 7,2013;Adjourned and Regular
Meetings of June 25, 2013: City Clerk.
2. APPROVED WARRANTS ISSUED: Warrant Nos. 277041 — 277353; Wire Nos30002934 &
30002940 and 30002943—30002953, 1127— 1130, in the total amount of$4,926,114: Finance.
3. CASH CONTRACT NO. 681 — TREASURE ISLAND PARK IMPROVEMENT PROJECT:
ACCEPTED THE IMPROVEMENTS AND APPROVED THE FINAL CONSTRUCTION CONTRACT
AMOUNT OF $419,983.76 AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE THE
NOTICE OF COMPLETION: Public Works.
4. CASH CONTRACT NO.S.S.630A-COLUMBIA WAY PAVEMENT REHABILITATION PROJECT
(LAKEWOOD BOULEVARD — FOSTER ROAD): AWARDED CASH CONTRACT IN THE
AMOUNT OF $491,000 TO HARDY& HARPER, INC.: Public Works.
6. AUTHORIZED THE MAYOR TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH
FARHADI AND ASSOCIATES IN ORDER TO PROVIDE CIVIL ENGINEERING DESIGN,
PROJECT,AND PROGRAM MANAGEMENT SERVICES IN SUPPORT OF THE CITY'S FISCAL
YEAR 2013-14 CAPITAL IMPROVEMENT PROGRAM: Public Works.
7. AUTHORIZED THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
DOWNEY AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT ACCEPTING
RESPONSIBILITY FOR PROVIDING LONG TERM MAINTENANCE AND REPAIR OF CATCH
BASIN TRASH EXCLUDERS: Public Works.
-- 8. ADOPTED RESOLUTION NO. 13-7425,A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING THE APPOINTMENT OF BLANCA PACHECO TO THE PUBLIC
WORKS COMMITTEE FOR COUNCIL DISTRICT 4: Mayor Pro Tern Vasquez.
9. ADOPTED RESOLUTION NO. 13-7426,A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING TRACT MAP NO.71957,APPROVING AN AGREEMENT WITH THE
SUBDIVIDER AND ACCEPTING A SUBDIVISION IMPROVEMENT LABOR PERFORMANCE
AND MATERIAL BOND AS SURETY: Public Works.
10. ADOPTED ORDINANCE NO. 13-1315,AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ADDING CHAPTER 12 TO ARTICLE II OF THE DOWNEY MUNICIPAL CODE
ESTABLISHING THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF DOWNEY.
Community Development.
11.ADOPTED ORDINANCE NO. 13-1316,AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DOWNEY AMENDING THE MUNICIPAL CODE RELATING TO RESTAURANTS IN THE
PROFESSIONAL OFFICE (C-P) ZONE BY PERMITTING THEM TO HAVE LIVE
ENTERTAINMENT, UPON APPROVAL OF A CONDITIONAL USE PERMIT AND ADOPTING A
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT: Community Development.
12.AUTHORIZED THE CITY MANAGER AND ASSISTANT CITY MANAGER TO NEGOTIATE WITH
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR THE TEMPORARY
CONSTRUCTION EASEMENTS FOR THE PROPOSED FIRESTONE BOULEVARD BRIDGE
-- REPLACEMENT PROJECT FOR AN AMOUNT UP TO $19,112: Public Works.
13. RECEIVED AND FILED REPORT AND PROVIDED SUBSEQUENT DIRECTION TO STAFF
REGARDING THE BURNS AVENUE ONE-WAY STREET CONVERSION AND ON-STREET
PARKING PROHIBITION FEASIBILITY STUDY BETWEEN RIVES AVENUE AND PARAMOUNT
BOULEVARD: Public Works.
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Minutes of July 9, 2013 3
OTHER BUSINESS
5. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH FIRESTATS, LLC FOR
PROFESSIONAL ANALYSIS AND CONSULTING RELATED TO FIRE SERVICE OPERATIONS:
FIRE.
This item will be continued to the City Council Meeting of July 23, 2013.
ADMINISTRATIVE REPORTS
14. PROVIDED STAFF WITH DIRECTION REGARDING THE APPROPRIATE LAND USE
CONTROLS (GENERAL PLAN, ZONING, SPECIFIC PLAN) FOR THE PROPERTY AT 9553
FIRESTONE BOULEVARD AND THE NEIGHBORING PROPERTIES(9511-9601)FIRESTONE
BOULEVARD, 11016-11104 PANGBORN AVENUE, 11017-11121 NEWVILLE AENUE:
Community Development.
Mayor Pro Tem Vasquez stated his residence is located near the properties and left the dais during
consideration of this item.
Community Development Director Saeki stated staff is requesting direction regarding appropriate
land use controls for this property. The owner of this parcel is requesting the ability to develop his
property by proposing to develop a multi-family residential project, but the property's dual General Plan
designations instead mandate two different uses on the same parcel: a commercial activity in the front
half and a multi-family residential project in the rear. He stated the owner believes that commercial use
in front is financially unfeasible and wants the City to re-examine the property's existing General Plan
composition. Staff is seeking direction with respect to identifying the land use designations that would
best suit this property. Staff has examined the land use surrounding this property and has developed
four land use options:take no action; rezone the properties so their zoning classifications coincide with
the existing General Plan designations; change the block's zoning and General Plan classifications to
reflect its existing land uses; or develop a specific plan to replace the existing zoning classifications
while retaining the existing General Plan designations. Staff is in favor of the third recommendation:
changing the block's zoning and General Plan classifications to reflect its existing land uses.
Mayor Guerra asked for clarifications on the zoning of surrounding and adjacent properties.
Community Development Director Saeki stated the properties are zoned Commercial.
Council Member Saab asked if there had been citations issued to this property.
Community Development Director Saeki stated there had been.
Mayor Guerra stated that in 2008 he did a walk thru of this area and recalls there being a variety of
zones in this area creating a difficult situation.
Community Development Director Saeki stated yes, there are challenges in this location and
request Council provide direction and approve option three which would require the applicant to apply
for a zone change, a General Plan amendment, and reimburse the City for the cost of an environmental
document.
Samir Hejazi, applicant, stated he has been working on this project assisting the owner in the --
different submittals processed through the Planning Commission. He stated he was pleased with the
report staff has presented summarizing conditions of the property and offering the applicant options. He
stated he was in agreement with option three because it is consistent with the plan for the property. He
stated that their development standards are high which may influence neighboring properties to want to
make aesthetic improvements as well.
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Minutes of July 9,2013 4
Mayor Guerra asked what the applicant was interested in building if option three was approved.
Samir Hejazi stated he was open minded to ideas and would work closely with the Community
Development Department to develop the best product.
Council Member Brossmer asked applicant when the property was purchased. He stated he was
embarrassed by the condition of property and was disappointed the owner did not take pride in
ownership. It is his hope that moving forward the owner will take more pride in the maintenance of his
property.
Mohamed Azzam, owner, stated he appreciated Council Member's concerns but was limited in his
ability to upgrade the property due to it being legal non-conforming. He stated in the past 13 years he
has tried to work with the Planning Commission to implement changes. He has invested$100,000 into
the property since he acquired ownership. He stated some of the citations received on the property
were inherited from the previous owner but he has fixed and paid all citations.
Council Member Saab asked if the owner had previous experience with this type of land
development.
Mohamed Azzam, stated yes, he owns several properties in neighboring cities. He stated being
equally embarrassed of the condition of this property, but has been very limited in his options to
upgrade it. He is looking forward to improvements that may include townhomes.
Mayor Guerra stated he and Community Development Director Saeki had met with the applicant
and a representative of the applicant a few months ago and discussed several options.
It was moved by Council Member Brossmer, seconded by Council Member Saab, and carried 3-1
with Mayor Pro Tern Vasquez abstaining, to approve staffs recommendation of option three: change
the block's zoning and General Plan classifications to reflect its existing land uses.
Mayor Pro Tern Vasquez returned to the dais at 8:31 p.m.
15. RECEIVE AND FILE THE 2012 GENERAL PLAN ANNUAL PROGRESS REPORT: Community
Development.
Community Development Director Saeki stated the 2012 General Plan Annual Progress Report has
been approved in compliance with California Government Code Section 65400(a)(2). He stated the
report summarizes the City's progress with regards to implementation of the goals, policies, and
programs and the activities of the Planning Commission and the Community Development Department.
He stated the Planning Commission approved the report in June 2013 and should the City Council
approve the report tonight staff will forward a copy to the required State agencies.
Council Member Brossmer thanked staff for their work.
Mayor Guerra asked if the Downtown Plan was working and if it included beyond Downey Avenue.
Community Development Director Saeki stated the Downtown Plan has been effective and covers
as far east to where the Rives Mansion is located and then across to City Hall. He stated empty
business spaces along Firestone Boulevard are becoming occupied with the assistance of Porto's
Bakery and Downey Gateway.
Mayor Pro Tern Vasquez asked if the online permit tracking system will include the ability for
applicants to check the status.
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Minutes of July 9,2013 5
Community Development Director Saeki stated moving forward it is the goal for this fiscal year to
allow the public more accessibility of permits and other archived documents through Laserfiche and
Accela.
Council Member Saab asked about the drop in building permits issued in 2012, and where the City
is in relation to the same time period last year. How asked how the Downtown Plan was determined to
be effective; if there were future plans for continued success; and, what role will the arts play.
Community Development Director Saeki stated there has been an increase of building permits this
year. Some reasons may be because they are economy driven and recent housekeeping efforts have
created more activity. He stated there has been an increase in new business, the variety of new
businesses, and an increase in traffic flow which have lead to a successful Downtown Plan. In the
future, the Taste of Downey may be relocated; lighting will be added to the downtown for ambiance;
street improvements along Firestone Boulevard; and, a variety of art programs through the Downey Art
Vibe and Stay Gallery.
Council Member Saab asked if electrical charging stations are being considered for Downtown.
Public Works Director Oskoui stated there are no current plans, but the City can look into future
plans. Currently, the City has two electrical charging stations located at City Hall.
Council Member Saab asked if the Tierra Luna project will have any impact on the Downtown area.
City Manager Livas stated the Tierra Luna project will not impact the Downtown area because the
Tierra Luna project is intended to draw regional visitors whereas the Downtown area will draw local
residents. They are two different projects. He stated several years ago the City planned for the future
which included Porto's Bakery for Downtown. He stated the City was also interested in participating in
events such as art walks. In addition the Downtown includes the use of housing on second floors which
in the future will bring more people to the area.
Mayor Guerra stated this plan worked and included saving and restoring the Rives Mansion and
relocating the Taste of Downey. The City is working with the challenges that the economy has brought.
Very specific things will continue to be enhanced in the Downtown area moving forward.
It was moved by Council Member Brossmer, seconded by Council Member Saab,and unanimously
carried to receive and file.
16. DISCUSS AND PROVIDE DIRECTION FOR CHANGING THE TIMES OF THE CITY COUNCIL
MEETINGS: Council Member Saab.
Council Member Saab expressed concern about the start time of the City Council meetings
resulting in important issues being discussed very late in the evening discouraging thoughtful
discussion and public participation. He requested consideration be given to starting City Council
meetings at 6:30 p.m. to encourage community participation and youth attendance.
Mayor Guerra stated he was in agreement with having the meetings begin earlier and stated even
in light of tonight's light agenda the meeting will run until 9 p.m.
Council Member Marquez stated he was in agreement with starting City Council meetings one hour
earlier because the residents should not have to wait until late in the evening to address their concerns.
Mayor Pro Tem Vasquez pointed out that Council Member Brossmer attends school board
meetings that may overlap and requested his input on this item.
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Minutes of July 9,2013 6
Council Member Brossmer stated they will occasionally overlap and he may miss a closed session
item on occasion, but consideration of the public's ability to attend and participate in the meetings
outweighs his work concerns.
Council Member Saab suggested a 6:30 p.m. start time but was open to other suggested times.
Mayor Guerra asked the City Attorney what were the legal requirements to changing the start time
of the City Council meetings.
City Attorney Abich-Garcia stated there is a City Ordinance stating City Council meetings will begin
at 7:30 p.m. City Council can direct staff to bring back a change to the Ordinance as early as the next
City Council Meeting.
It was moved by Council Member Brossmer, seconded by Council Member Saab,and unanimously
carried to give staff direction to bring back to the next City Council meeting a change to the Ordinance
to reflect a 6:30 p.m. start time for the City Council Meetings.
STAFF MEMBER COMMENTS: None.
ADJOURNED
The meeting adjourned at 8:56 p.m. to 6:30 p.m., July 23, 2013, in memory of the 19 firefighters
who died battling the Yarnell Fire near Prescott, Arizona; and, in memory of the servicemen who
perished this past week during Operation Enduring Freedom: Sgt. Justin R. Johnson of Hobe Sound,
FL; Spc. Ember Alt of Beech Island, SC; Spc. Robert Ellis of Kennewick, WA; Spc. William Moody of
Burleson, TX; Spc. Javier Sanchez, Jr., of Greenfield, CA; Sgt. Corey Garver of Topsham, ME; and
Sgt. Justin Rogers of Barton, NY.
11/
4Aktigtill• �
IA M. JIMENEZ, CMC MARIO A. GUERRA, Mayor
City Clerk
City Council Regular Meeting
Minutes of July 9,2013 7