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HomeMy WebLinkAboutMinutes - 08-27-13 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING AUGUST 27, 2013 The City Council of the City of Downey held a Regular Meeting at 7:31 p.m.,August 27, 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 (excused) 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 Carl Charles, Police Chief Lonnie Croom, Fire Chief 01.■ Brian Saeki, Community Development Director Arlene Salazar, Parks & Recreation Director Gladys Chavez, Secretary The Invocation was delivered by Rev. Sharon Sheffield of St. Mark's Episcopal Church. The Flag Salute was led by Sam and Beverly Mathis. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS Mayor Pro Tem Vasquez welcomed everyone in attendance. He reported attending an 1-5 Freeway Joint Authority Expansion Project meeting and a Workforce Investment Board (WIB) meeting. He reported attending a meeting with his Commissioners where opportunities and areas of focus were discussed. He recognized former Mayor Gafin and Mrs. Gafin who were in the audience. Council Member Saab recognized former Mayor and Board of Director of the Chamber of Commerce Dave Gafin and Mrs. Gafin who were in the audience. He reported attending a few neighborhood watch meetings in particular the one held on Dunrobin Street and emphasized the value of having the program established in neighborhoods. He thanked the Police Department for a recent Driving Under the Influence (DUI) checkpoint in the City. He encouraged everyone to sign up for the Nixie program sponsored by the Police Department that is used to send critical alerts or community news via a text message, electronic mail, or the web. He reminded everyone of his office hours at City Hall on Fridays 3:00 p.m.to 5:30 p.m. He requested from staff: a report regarding the cost of bringing back the Christmas Light Contest; to address vendor parking concerns during the Farmer's Market event; residents living within a 1,000 feet radius of Woodruff Avenue and Via Amorita Street be notified of the next Council Meeting; and, staff draft a policy to allow Community Gardens in the City. City Council Regular Meeting Minutes of August 27,2013 1 Council Member Brossmer welcomed everyone in attendance and former Mayor Gafin who was in the audience. Mayor Guerra invited everyone to sign up for the Nixle program sponsored by the Police Department. He invited Police Chief Charles to speak on it. Police Chief Charles stated the department was excited to introduce Nixle, a secured communication notification service that allows government agencies to distribute public information via a text message, electronic mail, a mobile application, or the web. Nixle is an additional avenue for the Police Department to connect with the community. Mayor Guerra stated in addition to Nixle the City has a free Downey mobile application where residents can report graffiti and pot holes. He thanked Council Member Brossmer,Assistant to the City Manager DeLong, and staff for the successful launch of e-books at the library. He reported attending an Assembly caucus in Sacramento where AB 604 and SB 594 were discussed. He reported attending an Independent Cities Association sub-committee meeting where healthcare options for employees were discussed. He requested the Council received a report from staff on how the City will address the Affordable Care Act. City Manager Livas stated staff recently attended a workshop that addressed the Affordable Care Act. Mayor Guerra requested staff: provide the City Council an update on the Building and Fire Code Review, address the dilapidated utility poles, look into the Public Art Fund as it relates to power boxes, and provide proactive measure to the Council that address illegal fireworks during the July 4th celebrations. PRESENTATIONS Mayor Guerra's Healthy Downey weight was 251 pounds. Mayor Guerra and Assistant to the City Manager DeLong presented a Certificate of Recognition to long-term City of Downey Employee Claudia Dailey. Mayor Guerra and Parks & Recreation Director Salazar presented a Certificate of Recognition to Zaida Theiss for her assistance to Downey's Senior Citizens regarding Health Insurance. Mayor Guerra presented the Diakonia Award to Sam and Beverly Mathis for their service to the community. PUBLIC HEARING 1. DEVELOPMENT AGREEMENT WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY(METRO)TO ALLOW THE OPERATION OF AN ELECTRONIC BILLBOARD: Community Development. INTRODUCED ORDINANCE NO. 13- .AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ENTERING INTO A DEVELOPMENT AGREEMENT WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY(METRO)TO AGREE ON THE INSTALLATION AND OPERATION OF AN ELECTRONIC BILLBOARD ON PROPERTY LOCATED AT 7878 TELEGRAPH RD, ZONED M-1 (LIGHT MANUFACTURING). City Council Regular Meeting Minutes of August 27,2013 2 Mayor Guerra opened the Public Hearing at 8:02 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Council Member Brossmer,seconded by Council Member Saab, with Council Member Marquez excused, and so ordered to receive and file. Community Development Director Saeki stated for consideration tonight was the development agreement between the City of Downey and the Los Angeles County Metropolitan Transportation Authority(MTA)for the installation and operation of an electronic billboard on MTA property located at 7878 Telegraph Road near the 1-5 freeway. He stated the proposed billboard will be 55 feet tall with two display areas, each of which will be 672 square feet. The sign will have LED display surfaces oriented towards traffic on the 5 freeway. On June 19, 2013 the Planning Commission conducted a public hearing where they adopted a mitigated negative declaration, approved the Conditional Use Permit (CUP), and adopted a Resolution recommending the City Council enter into a development agreement with Metro for the proposed billboard. In that same meeting, residents raised concerns about potential light impact on the neighboring properties.As a result, the Planning Commission added an additional condition of approval requiring the applicant to add additional landscaping along the property line to reduce ambient light to the adjoining homes. The development agreement addresses inappropriate content by including specific language that excludes subject matter relating to tobacco and adult material to name a few. Staff recommends the City Council consider the development agreement which requires that the MTA provide the City with a guarantee$80,000 annually or 25% of the net revenue, which ever is greater. The City will have the availability to advertise on the sign,one slot for one month per year. The agreement will be valid for 20 years with a one time ten year extension. Mayor Guerra asked for clarification in regards to the content that can be displayed taking into consideration First Amendment rights. Community Development Director Saeki stated there is specific language contained in the agreement that will prohibit subject matter relating to tobacco and adult material to name a few. Council Member Brossmer requested clarification on the one month usage the City will be allowed to advertise. Community Development Director Saeki stated the City will be allowed to advertise City business for one month on one side of the dual display board, free of charge. Council Member Brossmer asked for clarification on the amount of$80,000 and asked if it included Consumer Price Index (CPI). Community Development Director Saeki stated there would be a 3% increase every other year. Mayor Guerra invited the public to speak. Sam Mathis, resident requested the City take the one month free advertising and sell it in order to generate revenue for the City. Francis Park, Park and Elias, representative of the Los Angeles County Metropolitan Transportation Authority(MTA), thanked staff for their hard work and diligence in putting this agreement together. He agrees with all recommendations and has representatives available to answer questions. He stated as a public agency Metro is held to a high standard which is reflected in the proactive project design features of the digital sign and strict content standards that are above industry norm. The City will benefit substantially to include shared revenue which would be a minimum of 25%of the net revenue. If the City decided not use the entire 30 day allotted free time annually,which can be broken up into any eight second increment, the City would receive more revenue. The allotted time can be used to promote City news, Amber alerts, or emergency messages. He requested the item be approved. City Council Regular Meeting Minutes of August 27, 2013 3 Mayor Guerra asked if the City wanted to use some of the allotted free time for advertisement but not all can the remaining hours be converted into revenue for the City. Mr. Park stated if the entire time is not used it can be sold and the City would share the revenue generated with Metro. Council Member Saab asked for clarification on how ambient light, light leakage,and noise from the sign will be addressed. Mr. Park stated they have taken the highest safety standards and incorporated them into this project. The Electronic Billboard does not emit noise. Council Member Saab stated that in a similar project in another City the sign proved to be too bright and asked how this sign will compare and if there was a potential for liability if a driver claims a vehicle accident occurred due to a distraction from the sign. City Attorney Abich Garcia stated there is no liability from the City's perspective. Mr. Park stated traffic safety studies have shown there is no connection between a traffic safety incident and the sign. He stated the advertisements change every 8 seconds and the sign is not too bright. Council Member Saab asked if there were any case laws that would protect the City from a traffic accident lawsuit. He requested inserting language in the lease to buffer the City. City Attorney Abich Garcia stated the item is a development agreement for a sign the City does not own, on property the City does not own. The City is only receiving revenue and has no interest in the real property or the sign. She stated there are several governmental immunities that would shield the City from a lawsuit, one being when the City issues a permit there are immunities that protect the City if something were to happen the City can not be blamed for issuing a permit. Council Member Saab asked how the light buffer for the neighboring homes was addressed. Mr. Park stated as part of the Conditional Use Permit(CUP) Cypress trees or equivalent will block visibility. Council Member Saab asked how the size of the sign compared to other similar signs. Mr. Park stated it was comparable and within industry normal sign standards. Mayor Guerra requested clarification regarding the distance between the sign and the homes located on Rives Avenue; if outreach efforts were conducted alerting neighbors to this sign; and, if any concerns were brought up by neighbors. Community Development Director Saeki stated a member of the Planning Commission did a door- to-door outreach effort. In addition residents were informed of the Public Hearing held by the Planning Commission. He stated some neighbors expressed concern over the light coming into their backyards and in response to those concerns the Planning Commission imposed an additional landscaping condition to address the issue. Mayor Guerra asked if the residents were notified of this public hearing. He stated the City needs to be proactive with issues that concern the residents. City Council Regular Meeting Minutes of August 27,2013 4 Community Development Director Saeki stated the radius used of 500 feet was not from the location of the sign but rather included a 500 feet radius from every point of the property line. He stated public hearing notices were sent out by the Planning Commission for the initial hearing and a notice of a Public Hearing was published in the local newspaper as required by law. City Manager Livas clarified that for the public hearing held by the Planning Commission the project notices were sent out to the residents. Community Development Director Saeki stated that tonight's item is the adoption of the Ordinance for the development agreement for a project in which the entitlement has already been approved by the Planning Commission. Mayor Guerra stated for future reference the City can not be too cautious on a project that may affect many residents. He would like as much input from residents as possible. Mayor Pro Tem Vasquez asked if a photometric study had been performed. Mr. Park stated a 360 degree analysis of the site was performed and a representative from the digital board maker, Dectronic, was available to answer questions. Glenn Weeb, Application Engineer for Dectronic, stated that in addition to the study he believes there will be no light interference in the neighborhood. He stated landscaping and a wall that is currently there as part of the Metro will block light. In addition,the light currently emitted by the parking structure will mitigate the light from the billboard. Mayor Pro Tern Vasquez asked if staff was comfortable with the findings of the photometric study. Community Development Director Saeki stated yes. Mayor Guerra asked if the City was setting precedence by granting this agreement. Community Development Director Saeki stated the City was not setting precedence for many reasons such as the uniqueness of property size. These signs are only allowed in limited selected light to heavy manufacturing zones which the City has a very limited amount of; in addition, an interested party would have to file for a CUP, a variance, and have a development agreement approved. In any of these steps the City can decide not to support it and can handle on a case-by-case basis. Council Member Saab asked for clarification on how the First Amendment will be addressed in terms of the ads that will be displayed. City Attorney Abich Garcia stated it was her understanding based on Mr. Park's earlier comments that the Metropolitan Transportation Authority(MTA) has self-imposed higher standards with respect to content displayed on the bill boards. Greg Smith, Chief Officer of Allvision, stated the MTA has strict content standards to include no adult content, tobacco, and political advertising. He stated Allvision includes punitive contractual obligations in their contracts and they have the option to accept or deny an advertisement. He stated if done properly these signs can benefit the community from a financial standpoint. Mayor Pro Tem Vasquez asked if he was aware of any lawsuits arising from a traffic accident where the City was held liable. Mr. Smith stated he was not aware of any. City Council Regular Meeting Minutes of August 27,2013 5 Mayor Pro Tern Vasquez asked if there should be language or an indemnification included in the agreement regarding City liability. City Attorney Abich Garcia stated there was an Indemnification provision in the agreement. In addition if the City was sued the Government Code provides the City immunity from liability from issuing approvals and permits on something that is later the cause of injury or damage. Those two coupled together provide the City a strong shield from any lawsuit and liability. Mayor Pro Tern Vasquez asked if Amber Alerts displayed would count against the free allotted time the City will be give as part of the agreement. Mr. Smith stated any emergency alert will not count against the free allotted time. John Lacey, resident, asked if the City was involved in negotiations which resulted in the 25%of the gross of the income and if the 25% is a normal amount in a transaction of this size. Community Development Director Saeki stated he was involved in the negotiations and 25%of the net revenue was higher than normal industry standards especially when taking into consideration the 3% annual increase. City Attorney Abich Garcia stated the City took time in negotiations and agreeing to an agreement. All concerns and issues were resolved and the proposed changes were accepted. There being no further speakers, it was moved by Mayor Pro Tem Vasquez, seconded by Council Member Saab, with Council Member Marquez excused, to close the Public Hearing at 8:38 p.m. Mayor Pro Tern Vasquez asked if questions regarding the free 30-day use of space were satisfactorily answered. Council Member Saab stated yes, the less time the City uses the higher the revenue. City Manager Livas stated staff will work on the details to maximize revenue. Mayor Guerra stated the Council needs to be made aware of the details once they are available. He stated this was a critical issues and the City has taken their time to address all concerns. He thanked staff for their efforts. It was moved by Council Member Brossmer, seconded by Council Member Saab, and passed 4-0-1, with Council Member Marquez excused, to introduce the Ordinance. 2. ADOPTED RESOLUTION NO. 13-7436,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: Community Development. Mayor Guerra opened the Public Hearing at 8:40 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Council Member Brossmer, seconded by Mayor Pro Tern Vasquez, with Council Member Marquez excused, and so ordered to receive and file. City Manager Livas stated this was a routine item of Management Plans that is tied to Federal funding. City Council Regular Meeting Minutes of August 27,2013 6 Community Development Director Saeki stated this was a routine item that included a Resolution that self certifies the City is in conformance with the Metropolitan Transportation Authority's 2010 Congestion Management Program (CMP) for the Los Angeles County. He stated the Resolution will allow for the adoption of the local development report that summarizes development activity in the City from June 1, 2012 to May 31, 2012. The project report in the City during this time period included seven new single family residences; a forty-six unit condominium complex at Gallatin Road and Lakewood Boulevard; and, a fifteen unit apartment project in the Downtown.The City expects an increase in new commercial construction and a significant amount of demolishing that includes the Downey Studios. Staff is recommending the City Council adopt the Resolution. Mayor Guerra invited the public to speak. There being no speakers, it was moved by Mayor Pro Tem Vasquez, seconded by Council Member Saab,with Council Member Marquez excused,to close the Public Hearing at 8:41 p.m. Council Member Saab asked if there would be any financial impact. Mayor Guerra stated $531,000. Community Development Director Saeki clarified the$531,000 would come from the Gas Tax Fund. It was moved by Council Member Brossmer, seconded by Mayor Pro Tern Vasquez, and passed 4-0-1, with Council Member Marquez excused, to adopt the Resolution. 3. CONTINUED THE PUBLIC HEARING OF AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF A VARIANCE(PLN-12-00261)TO THE CITY COUNCIL MEETING OF SEPTEMBER 24, 2013: Community Development. Mayor Guerra opened the continued Public Hearing at 8:43 p.m. City Clerk Jimenez noted there was no further correspondence received. Council Member Brossmer requested clarification on why this item was being continued. Mayor Guerra stated the item was being continued because the applicant has requested more time. Council Member Saab asked if the item was moving along as expected. Community Development Director Saeki stated the item was not moving along as expected. The applicant was requesting more time to gather the information regarding the structure as requested by the City. He stated this was a reasonable request for an extension. Council Member Brossmer asked if the request to continue this item from the previous City Council Meeting was a request from staff or the applicant. Community Development Director Saeki stated that acquiring the requested information from the applicant had been difficult; therefore, staff extended the deadline. Council Member Brossmer requested this item be continued to a date certain. Community Development Director Saeki stated the item would be on the agenda for the City Council Meeting of September 24, 2013. Mayor Guerra stated this was an important item and was in agreement with continuing the item to September 24, 2013. City Council Regular Meeting Minutes of August 27, 2013 7 Community Development Director Saeki stated regardless if the applicant submitted all of the information requested, this item would be before the City Council on the Meeting of September 24, 2013. It was moved by Council Member Brossmer, seconded by Council Member Saab,and unanimously carried, with Council Member Marquez excused, to continue the Public Hearing to the City Council meeting of September 24, 2013. NON-AGENDA PUBLIC COMMENT: None. CONSENT CALENDAR ITEMS REMOVED 10.APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENTS FOR PROGRAM YEAR 2013-2014 WITH A COMBINED TOTAL ALLOCATION OF$36,160:ARC LOS ANGELES & ORANGE COUNTIES - $5,971; DOWNEY UNIFIED SCHOOL DISTRICT - $21,100; THE WHOLE CHILD - $9,089: Community Development. This item was pulled at the request of Mayor Guerra and is listed under Other Business. 16. CLASS SPECIFICATION FOR AMBULANCE OPERATOR: Human Resources. This item was pulled at the request of Mayor Guerra and is listed under Other Business. A. INTRODUCE ORDINANCE NO. 13- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE II,CHAPTER 7,SECTION 2704, OF THE DOWNEY MUNICIPAL CODE RELATING TO POSITIONS IN THE CLASSIFIED SERVICE: Human Resources. B. ADOPT RESOLUTION NO. 13 - , A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF DOWNEY ADOPTING THE FULL-TIME/TEMPORARY EMPLOYMENT STATUS AND JOB SPECIFICATION FOR THE CLASSIFICATION OF AMBULANCE OPERATOR AND ESTABLISHING PAY AND BENEFITS: Human Resources. 17.ACCEPT THE REPAYMENT OF THE PRINCIPAL BALANCE ON THE CITY LOAN ISSUED TO CHAMPION AUTOMOTIVE PROPERTIES LLC;AND AUTHORIZE THE MAYOR TO EXECUTE AMENDMENT NO. 2, AFFECTING THE DOCUMENT SECURED BY THE DEED OF TRUST DATED NOVEMBER 8, 2011: Community Development. This item was pulled at the request of Mayor Guerra and is listed under Other Business. CONSENT CALENDAR It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Vasquez, and unanimously carried,with Council Member Marquez excused,to approve the remainder of the Consent Calendar. 4. APPROVED CITY COUNCIL MINUTES: Special Meeting of July 8,2013;Adjourned and Regular Meetings of August 13, 2013: City Clerk. 5. APPROVED WARRANTS ISSUED: Warrant Nos.278566-278942; Wire Nos. 30002975, 30002976, 30002982, 30002990-30003000 and Manual Wire Nos. 1160-1165, in the total amount of$4,502,691.34: Finance. 6. CASH CONTRACT S.S. 488B — FIRESTONE BOULEVARD POTABLE WATER SYSTEM IMPROVEMENT PROJECT: AWARDED CONSTRUCTION CONTRACT IN THE AMOUNT OF $542,000 TO MIRAMONTES CONSTRUCTION COMPANY, INC.: Public Works. City Council Regular Meeting Minutes of August 27,2013 8 7. CASH CONTRACT S.S. 605A — UNDERGROUND UTILITY DISTRICT #22 PHASE 1 (BELLFLOWER BOULEVARD BETWEEN DALEN STREET AND A POINT APPROXIMATELY 900 FEET NORTH OF IMPERIAL HIGHWAY):APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS: Public Works. 8. AUTHORIZED THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TOWN &COUNTRY EVENT RENTALS, NOT TO EXCEED THE AMOUNT OF$18,000,TO PROVIDE RENTAL EQUIPMENT AND SET-UP/BREAKDOWN SERVICES FOR THE 2013 TASTE OF DOWNEY ARTS &WINE FESTIVAL: Community Development. 9. APPROVED AGREEMENT WITH THE FAIR HOUSING FOUNDATION TO PROVIDE FAIR HOUSING SERVICES DURING FISCAL YEAR 2013-14 IN THE AMOUNT OF $12,000: Community Development. 11.ADOPTED RESOLUTION NO. 13-7437,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING DESTRUCTION OF CERTAIN OBSELETE PARKS & RECREATION DEPARTMENT RECORDS: Parks & Recreation. 12.ADOPTED RESOLUTION NO. 13-7438,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROVIDING THE CITY MANAGER WITH BLANKET AUTHORITY TO EXECUTE ALL DOCUMENTS AND AGREEMENTS ON BEHALF OF THE CITY FOR THE FIRESTONE BOULEVARD BRIDGE OVER THE SAN GABRIEL RIVER REPLACEMENT PROJECT: Public Works. 13.ADOPTED RESOLUTION NO. 13-7439,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING TRACT MAP NO.71544,APPROVING AN AGREEMENT WITH THE SUBDIVIDER,AND ACCEPTING A SUBDIVISION IMPROVEMENT PERFORMANCE BOND AS SURETY: Public Works. 14.ADOPTED RESOLUTION NO. 13-7440 AND RESOLUTIO NO. 13-7441, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE SUBMISSION OF APPLICATIONS FOR THE 2013 COMPETITIVE TRAILS GRANT PROGRAM FOR FURMAN AND APOLLO PARKS: Administration. 15.AUTHORIZED THE CITY COUNCIL'S LEAGUE OF CALIFORNIA CITIES DELEGATES TO VOTE IN SUPPORT OF THE RESOLUTIONS TO BE CONSIDERED AT THE UPCOMING LEAGUE OF CALFORNIA CITIES ANNUAL CONFERENCE: Administration. 18. GROUND WATER STORAGE PROGRAM IN CENTRAL BASIN: Public Works. A. SUPPORTED MOVING FORWARD WITH THE PROPOSED 2013 THIRD AMENDED JUDGMENT FOR GROUNDWATER STORAGE IN THE CENTRAL BASIN; B. AUTHORIZEDTHE MAYOR TO EXECUTE THE ATTACHED LETTER SUPPORTING THE PROPOSED THIRD AMENDMENT TO JUDGMENT IN CENTRAL BASIN; AND, C. AUTHORIZED COUNSEL TO FILE THE NECESSARY DOCUMENTS TO SEEK COURT APPROVAL OF THE PROPOSED THIRD AMENDED JUDGMENT IN CENTRAL BASIN, IN THE FORM ATTACHED HERETO. City Council Regular Meeting Minutes of August 27,2013 9 19. FIRESTONE BOULEVARD BRIDGE REPLACEMENT PROJECT: AUTHORIZATION TO PURCHASE EASEMENT FROM THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR CONVEYANCE TO SOUTHERN CALIFORNIA EDISON FOR THE RELOCATION OF EXISTING OVERHEAD UTILITIES A. AUTHORIZED THE CITY MANAGER AND ASSISTANT CITY MANAGER TO NEGOTIATE WITH THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR THE PURCHASE OF AN EASEMENT FOR CONVEYANCE TO SOUTHERN CALIFORNIA EDISON (SCE) FOR THE RELOCATION OF EXISTING OVERHEAD UTILITIES RELATED TO THE PROPOSED FIRESTONE BOULEVARD BRIDGE REPLACEMENT PROJECT FOR AN AMOUNT UP TO $11,000; AND, B. AUTHORIZED THE CITY MANAGER AND ASSISTANT CITY MANAGER TO EXECUTE THE PURCHASE AND SALE AGREEMENT ON BEHALF OF THE CITY. OTHER BUSINESS 10.APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENTS FOR PROGRAM YEAR 2013-2014 WITH A COMBINED TOTAL ALLOCATION OF$36,160:ARC LOS ANGELES & ORANGE COUNTIES - $5,971; DOWNEY UNIFIED SCHOOL DISTRICT - $21,100; THE WHOLE CHILD -$9,089: Community Development. Mayor Guerra requested alternatives regarding the homeless advocacy portion of this item. Community Development Director Saeki stated there were other options to address homelessness. He stated the Whole Child provides assistance to families and their Chief Executive Officer Charlene Dimas was available for questions. He stated he has reached out to Kingdom Causes and is waiting for a response. Ms. Dimas stated they provide mental health services for abused,at-risk, and children in the foster care system. She stated of the homeless population, homeless families are the fastest growing segment. In the Southeast Region of Los Angeles County there are 1,000 homeless families annually. The Whole Child has funding to serve 25 families, but for fiscal 2012/2013 they served 39 families. Their assistance kept individuals from having to live in unsafe environments such as shelters, cars, parks, garages, and hotels. They provided assistance to four Downey families and currently have an 85%success rate of permanently housing families and ending homelessness altogether.They provide assistance with housing,job training,job placement, mental health issues,food, supplies, and tutorial services. They are also able to permanently house families in order for them to become contributing members of society and no longer depend on assistance from the government. They are the only agency that provides housing for homeless families in this region. Mayor Guerra stated he was concerned that their guidelines did not meet the needs of the Downey community. He stated our City's homeless population includes many homeless children that do not necessarily live on the street but may live in a garage. Ms. Dimas stated there are eligibility criteria that must be met.They must demonstrate that they are homeless or at-risk of being homeless which is a requirement of the U.S. Department of Housing and Urban Development(HUD); there must be a child in the home; they can not have a substance abuse problem; and, must have a work history or demonstrate the ability to work because their assistance is short term. She stated the Whole Child has started a master lease program in which they pay for all cost associated with moving into an apartment with the goal of the family taking over the rental agreement.They follow-up with the family up to one year and continue providing support to ensure their permanent housing placement is successful. Families must be willing to participate in all programs in order for the Whole Child to be able to transition them successfully into full independence. If a family does not meet their criteria they are referred to other agencies and resources. City Council Regular Meeting Minutes of August 27, 2013 10 Council Member Saab requested clarification on their location and their process of reaching out to Downey families that are in need of assistance. Ms. Dimas stated their organization headquarters is in the City of Whither and they have three satellites offices. They work with seven school districts although Downey Unified School District (DUSD)is not one of them. They attend health fairs, are part of the social media, receive referrals from faith-based organizations, have newsletters, various marketing campaigns, and attend meetings in Downey. Council Member Saab asked for clarification on which City of Downey meetings they attend and if they had literature to provide residents. Vanessa Sodano stated they attend TLC meetings and events such as the recent 5k event and have a good working relationship with that homeless liaison. They will provide staff flyers. Council Member Brossmer requested clarification if the Whole Child did or did not work with the DUSD. Mayor Guerra stated it was his understanding that as it relates to mental health services,the Whole Child does not work with DUSD. Ms. Dimas stated the Whole Child does not work with DUSD as it relates to mental health. Mayor Pro Tem Vasquez asked if working with at risk for homelessness meant working with people recently released from prison. Ms. Dimas stated the Whole Child only works with families. It was moved by Mayor Guerra, seconded by Mayor Pro Tem Vasquez, with Council Member Brossmer abstaining from voting on the portion approving the Downey Unified School District for funding, and with Council Member Marquez excused, to approve staffs recommendation. 16. CLASS SPECIFICATION FOR AMBULANCE OPERATOR: Human Resources. This item was pulled at the request of Mayor Guerra and is listed under Other Business. C. INTRODUCED ORDINANCE NO. 13- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE II,CHAPTER 7,SECTION 2704, OF THE DOWNEY MUNICIPAL CODE RELATING TO POSITIONS IN THE CLASSIFIED SERVICE: Human Resources. D. ADOPTED RESOLUTION NO.13-7441,A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF DOWNEY ADOPTING THE FULL-TIME/TEMPORARY EMPLOYMENT STATUS AND JOB SPECIFICATION FOR THE CLASSIFICATION OF AMBULANCE OPERATOR AND ESTABLISHING PAY AND BENEFITS: Human Resources. Mayor Guerra asked for clarification if this was initiated based on need of the City or legal obligation. Fire Chief Croom stated this item has been a priority of his administration for the past three years. The City is in a better operational and financial position today and it is a good opportunity for this. This is an operational decision not a political decision that is revenue neutral. Mayor Guerra asked if the City was under any legal obligation to move forward with this item. City Council Regular Meeting Minutes of August 27, 2013 11 City Attorney Abich Garcia stated there was no compulsion on the City to move forward with this. She stated in 2010 she spoke to Fire Chief Croom about exploring the possibility of bringing the operators in house. Mayor Guerra stated that another operation that is contracted out is the jailer operation. He requested information from Police Chief Charles. Police Chief Charles stated his department analyzed the cost and determined it was more cost effective to contract out the jailer operation. It was moved by Council Member Brossmer, seconded by Mayor Guerra, and passed 4-0-1, with Council Member Marquez excused, to adopt the Resolution. It was moved by Council Member Brossmer, seconded by Mayor Guerra, and passed 4-0-1, with Council Member Marquez excused, to introduce the Ordinance. 17.ACCEPTED THE REPAYMENT OF THE PRINCIPAL BALANCE ON THE CITY LOAN ISSUED TO CHAMPION AUTOMOTIVE PROPERTIES LLC; AND AUTHORIZE THE MAYOR TO EXECUTE AMENDMENT NO. 2,AFFECTING THE DOCUMENT SECURED BY THE DEED OF TRUST DATED NOVEMBER 8, 2011: Community Development. Mayor Guerra stated the City purchased this property in 2011 for$1.6 million. The land appraised for$3.8 million and was sold to Champion Automotive Properties whom paid cash for a portion of the sale price and the City entered into a loan agreement for the balance. Due to the success of the dealership it is now interested in expanding their operation and asked the City for an early prepayment of the loan. The City has agreed with specific conditions. Council Member Saab requested clarification on the conditions that were imposed by the City. Community Development Director Saeki stated the conditions were that the dealership would provide the City site plans for the remodel, provide Building and Safety with a submittal, it shall obtain all necessary permits, and shall complete the remodel by June 2016. Champion Automotive has obliged to all conditions. City Manager Livas stated having worked with Mr. Anteparra, this business has exceeded every goal, they have been cooperative, are great business partners, and the City will continue to monitor their progress. It was moved by Mayor Guerra, seconded by Mayor Pro Tem Vasquez, and carried 4-0-1,with Council Member Marquez excused, to approve staffs recommendation. ADMINISTRATIVE REPORTS 18.APPROVE THE AMENDMENTS TO CITY COUNCIL COMMITTEE ASSIGNMENTS 2013: Administration. Mayor Guerra stated Council Member Brossmer requested a change of his appointment to the Columbia Memorial Space Learning Center foundation. He recommended appointing Council Member Saab to the Columbia Memorial Space Learning Center foundation. Council Member Brossmer stated that Council Member Saab would be a great addition. He stated the Columbia Memorial Space Learning Center is a facility with a lot of potential that has not been reached; therefore, it is a time for change and new ideas in order to advance the facility. City Council Regular Meeting Minutes of August 27,2013 12 City Attorney Abich Garcia stated there were two changes to the most current assignment list and an addition of one new assignment; adding two members of the City Council to the Insurance Broker Review Subcommittee. There are three individual items that require action. It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Vasquez, and carried 4-0-1, with Council Member Marquez excused, to appoint Council Member Saab to the Columbia Memorial Learning Center Foundation. Council Member Brossmer stated he would like Mayor Guerra to serve on the new Insurance Broker Review Subcommittee because of his experience with insurance. Council Member Saab stated Council Member Brossmer would also be a good addition to the new Insurance Broker Review Subcommittee because of his experience in negotiations. Council Member Brossmer nominated Mayor Pro Tern Vasquez. It was moved by Council Member Brossmer,seconded by Council Member Saab,and carried 4-0-1, with Council Member Marquez excused,to appoint Mayor Guerra and Mayor Pro Tern Vasquez to the new Insurance Brokerage Review Subcommittee. City Attorney Abich Garcia stated the next item was for housekeeping purposes. She stated at the Meeting of August 13,2013 a Resolution was adopted appointing Mayor Guerra as the representative and Council Member Saab as the alternate to the Governing Board of the Independent Cities Risk Management Authority (ICRMA). Mayor Guerra requested clarification stating in the past it was always the Mayor who served on this board, was this item for him to serve on the board as the Mayor or an individual. Council Member Saab requested the City Attorney explain to residents who ICRMA is. City Attorney Abich Garcia stated the position was for the Mayor Guerra, as an individual. She stated ICRMA is the Independent Cities Risk Management Authority and is the City's risk pool. It is how Downey and 21 other Cities manage their lawsuits and government claims. This is how the City insures itself. Mayor Guerra stated many years ago the City took a visionary role and was one of the founding members of ICRMA. It was moved by Council Member Brossmer,seconded by Council Member Saab,and carried 4-0-1, with Council Member Marquez excused,to ratify the appointment of Mayor Guerra and Council Member Saab to the new Governing Board of the ICRMA. City Attorney Abich Garcia stated Council also had to appoint a member to the Downey Landing Park Site Subcommittee. Mayor Guerra stated his understanding was that for the Columbia Memorial Learning Foundation the Mayor and a Council Member served on the subcommittee which addressed by-laws but he does not recall what the decision was regarding the operation side. He asked if the two subcommittees could be combined. Council Member Brossmer stated the two committees are separate where one seat has by-laws and the other is controlled by the City. His recommendation was for Council Member Saab to serve on the Downey Landing Park Site Subcommittee. City Council Regular Meeting Minutes of August 27,2013 13 It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Vasquez, and carried 4-0-1, with Council Member Marquez excused, to appoint Council Member Saab to the Downey Landing Park Site Subcommittee. 19. CASH CONTRACT S.S.613-WOODRUFF AVENUE AND VIA AMORITA PROPOSED TRAFFIC SIGNAL: APPROVE THE INSTALLATION OF A HIGH-INTENSITY PEDESTRIAN ACTIVATED CROSSWALK ("HAWK") BEACON IN LIEU OF A TRAFFIC SIGNAL AT THE WOODRUFF AVENUE AT VIA AMORITA INTERSECTION: Public Works. Mayor Guerra stated this item was to be continued to the meeting of September 10, 2013 with the radius of residents notified being 1,000 feet from the project site. It was moved by Mayor Guerra, seconded by Council Member Saab,and carried 4-0-1,with Council Member Marquez excused, to move the item to the meeting of September 10, 2013 and notifying residents within a 1,000 mile radius of the project. STAFF MEMBER COMMENTS: None. ADJOURNMENT The meeting adjourned at 9:24 p.m.to 6:30 p.m., September 10,2013, in memory of Elaine Lopez, longtime Downey resident, teacher and wife of Dave Lopez, reporter with CBS2 news; and the servicemen and servicewomen who perished this past week during Operation Enduring Freedom:Spc. Nickolas Welch, 26, Mill City, Or; Staff Sgt. Octavio Herrera, 26, Caldwell, ID; Sgt. Jamar Hicks, 22, Little Rock,AR; Spc. Keith Grace, Jr., 26, Baytown, TX;and 1st Lt. Ti,othy Santos, Jr.,29, Helena,AL. 014 6/1/1/1 ADRIA M. JIM NE , CMC MARIO A. GUERRA, Mayor City Clerk City Council Regular Meeting Minutes of August 27,2013 14