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HomeMy WebLinkAboutMinutes - 11-12-13 Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING NOVEMBER 12, 2013 The City Council of the City of Downey held a Regular Meeting at 6:38 p.m., November 12, 2013, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Guerra presiding. PRESENT: Council Members: Mario A. Guerra Fernando Vasquez Roger C. Brossmer Luis H. Marquez Alex Saab Mayor Mayor Pro Tem (Arrived at 7:51 p.m.) 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 Brian Saeki, Community Development Director Arlene Salazar, Parks & Recreation Director The Invocation was delivered by Pastor Tim Fearer, First Presbyterian Church of Downey. The Flag Salute was led by Girl Scout Daisy Troop No. 15425. CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE /MEETING REPORTS Mayor Pro Tem Vasquez thanked the audience for coming to the City Council Meeting. Mayor Pro Tem Vasquez reported on attending an I -5 Policy Meeting and advised construction of the Florence Avenue off -ramp is scheduled to start early next year including the demolition the bridge. Florence Avenue will be reduced to one lane for approximately 17 months. The City is collaborating with the Santa Fe Springs School District and will conduct more community outreach meetings in the next two months. He thanked Ms. Arlene Salazar, Parks and Recreation Director, and Public Works for the City's first Dia de los Muertos event noting it was a nice cultural memorial. He congratulated Ms. Sodetani, Ms. Swanson, and Ms. Samperi on their re- election to the School District. He thanked the Police and Fire Departments for the Veterans Day event; reported attending a Healthy Downey meeting today and welcomed and recognized YMCA staff members in attendance. Mayor Pro Tem Vasquez advised in the next year the City Council will continue the Healthy Downey campaign, including an international food festival and art walks in the downtown area. He welcomed the Downey Youth Commissioners in attendance. Council member Marquez welcomed everyone to the City Council Meeting. He thanked staff and the Lions Club of Downey for the Veterans Day event outside City Hall; the Parks and Recreation staff for the Dia de los Muertos event, with over 7,000 people in attendance; he recognized his Library Commissioner, Betty Monroy, and her daughter in attendance. City Council Minutes - November 12, 2013 Council Member Saab reported attending the Veterans Day Memorial and thanked staff and the Lions Club for coordinating the event. He reported the Friends of the Library had their Annual Open House and Holiday Marketplace and thanked Shannon DeLong for managing the Library and ensure the City continues to support the Library and the volunteers. Council Member Saab advised December 9, 2013, 6:00 p.m., is the Tree Lighting event in front of City Hall; Christmas Parade is December 8, at 1:00 p.m.; Wednesday, November 13, the Chamber of Commerce is having a mixer at 5 p.m. at the Olive Garden in the Stonewood Shopping Center; Thursday, November 14 at 2:00 p.m., the City is holding a ribbon cutting for the Promenade; Mayor's Prayer Breakfast, November 21, at 7 a.m., and on behalf of he and his family, thanked everyone for their concern upon his father's death. Mayor Guerra reported since the last Council Meeting the City had a Downey Employee Recognition Luncheon for members of staff who have been employed with the City between 5 to 15 year, and tomorrow night the City is recognizing employees who have been employed with Downey for 20 years or more. He stated staff has done an amazing job and we are really proud of all our employees. He advised the Mayor's Prayer Breakfast is not hosted by him and unfortunately will not be able to attend as he is out of town. He reported on the following events: the Veterans Day Event, the Chamber of Commerce's Chili Cook -off; the City's Pumpkin Patch and thanked the Soroptimist and Optimist Clubs; and the Dia de los Muertos event with approximately 7,000 -8000 people in attendance. He advised that the Promenade at Downey Groundbreaking is scheduled for this Thursday; and, Keep Downey Beautiful will be gathering this Saturday, meeting in the parking lot of the Downey Unified School District on Brookshire. Mayor Guerra reported attending a Neighborhood Watch Meeting and discussed and addressed some of the residents' concerns. He reported attending a Healthy Downey Partners meeting with Mayor Pro Tem Vasquez and an Insurance Broker Review sub - committee meeting to review ways the City can save costs. PRESENTATIONS Mayor Guerra's Healthy Downey Weight was 244. Mayor Guerra presented the Mayor's Diakonia Award to Raul Pineda, Cesar Vazquez and Hamid Abduragimov, Downey YMCA Employees, for assisting a YMCA patron with CPR. Mayor Guerra presented a Certificate of Appointment to Jason Valle for his appointment to the Public Facilities Financing Corporation for Council District 2. Mayor Guerra and Council Member Marquez presented a Certificate of Appointment to Betty Monroy for her appointment to the Parks and Recreation Commission for Council District 1. Mayor Guerra presented Certificates of Appointment to the Downey Youth Commissioners for 2013 -2014. PUBLIC HEARINGS 1. AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF PLN CASE NO. 13-00156 (TENTATIVE PARCEL MAP NO. 72381) -A REQUEST TO SUBDIVIDE ONE RESIDENTIAL PARCEL INTO TWO NEW PARCELS FOR PROPERTY LOCATED AT 7725 THIRD STREET, ZONED R -1 5,000 (SINGLE- FAMILY RESIDENTIAL): Community Development. A. ADOPTED RESOLUTION NO. 13 -7455, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF PLN CASE NO. 13 -00156 (TENTATIVE PARCEL MAP NO. 72381) - A REQUEST TO SUBDIVIDE ONE RESIDENTIAL PARCEL INTO TWO NEW PARCELS FOR PROPERTY LOCATED AT 7725 THIRD STREET, ZONED R -1 5,000 (SINGLE - FAMILY RESIDENTIAL). City Council Minutes - November 12, 2013 Mayor Guerra opened the Public Hearing at 7:17 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication and entered into the record a letter received by an anonymous resident opposing the subdivision. It was moved by Council Member Saab, seconded by Mayor Pro Tern Vasquez, with Council Member Brossmer excused, and so ordered by the Mayor to receive and file. Community Development Director Saeki provided a staff report and reviewed a PowerPoint presentation. He noted the item was originally heard by the Planning Commission on September 4, 2013, and returned for additional information on September 18, 2013, and unanimously approved by the Planning Commission. On October 3, 2013, the Planning Commission's decision was appealed to the City Council. He reviewed the zoning map of the location noting the location is zoned R -1 5,000, a single - family residential zone with a minimum lot size of 5,000 sq. ft. The existing parcel is approximately 20,000 sq. feet lot which has a home with a pool and detached garage. He reviewed a County tract map from 1940 that shows this lot was originally two lots. At some point after 1940, this lot was lot -tied, combined the two lots, and the house is built over the property line. The lot size from the 1940 tract map is not the same proposed size lot as today; it is being proposed to be split down the middle. Lot 1 and Lot 2 will be approximately 9,600 sq. ft. each. He referred to the slide to demonstrate the lot sizes and widths of neighboring properties, noting the proposed lots ends up being about the same size as the surrounding neighbors. There was considerable opposition of the development in the area from residents, mainly concerned about the development of the properties, and property values. The findings for the subdivision can still be made; therefore, it is staff's recommendation the request for the lot subdivision be supported, adopt the resolution denying the appeal of the decision of the Planning Commission. Mayor Guerra invited the public to come forward and speak regarding this item. James Snedon, resident, stated he has lived in Downey since 1979. He has been involved in the City since this time and many of the residents that have opposed the project feel information was not provided to residents. A request was made to bring additional information forward to the Planning Commission, but the information was not included. Mr. Snedon stated the residents also had an issue with Code Enforcement due to the current status of the property. The residents' concerns are damage caused by demolition, compaction of the pool, and what the building plans are for the property. Elsa van Luven, resident, stated she is concerned with over - building in Downey. She expressed concerns over this project, transitional housing projects and future housing projects by the Downey Regional Medical Center. Mayor Guerra closed the Public Hearing at 7:32 p.m. Director Saeki stated some of the confusion with the information originally requested had to do with some of the other subdivisions in the area, which were subdivided before the City's incorporation. The LA County Recorder's Office handles removing lot -ties, and this was the only reason this came to the City's attention. Unfortunately, the information is not shared with the City until the resident comes in for a building permit. Code Enforcement did visit the location and spoke with the homeowner and required him to mow the lawn and pick up the trash; the lawn is dead and needs to be watered; however, it is in better shape than many of the current existing Code Enforcement case. From a demolition perspective, the Building and Safety Division does follow best practices. The contractor is held liable for any negative impacts with construction. Regarding the Public Hearing notification, a notice was sent out to all residents within a 500' radius. Unfortunately, the City does not know what is going to be built until a building permit is approved administratively. In 2008, a comprehensive Municipal Code update was adopted to prevent mansionization in Downey. It is the City's opinion that subdividing this lot is not over - building: it is an R -1 5,000 lot zone, the developer could have split the lot into three lots, while still being in compliance with the zoning code. The lot size is consistent with lots in the surrounding area, and the City supports the split. City Council Minutes - November 12, 2013 Mayor Guerra requested Director Saeki review the Assessor's map and confirmed the two lot sizes fit the general description of the neighborhood. Mayor Guerra asked if the appeal not granting the subdivision is approved tonight what legal ramifications would be encountered by the City. Director Saeki advised that if the City can make the five findings that are required it must deny the appeal. To not make those findings and approve the appeal would place the City into legal ramifications. City Attorney Abich Garcia stated in order to deny the application the City Council would have to find that one or more of the five findings have not been met based on the evidence that has been presented to you - that is the only way this matter can be denied. If you are satisfied that the evidence shows all findings can be met, then you must approve and uphold the Planning Commission's decision to approve the subdivision. Mayor Guerra asked if this project complies with California Environmental Quality Act (CEQA). City Attorney Abich Garcia stated this project falls squarely within an exception to CEQA: State law has carved out exceptions to environmental laws that state certain projects do not need to comply with CEQA because, by their nature, there is not a significant impact on the environment. Lot splits of less than four, with no other project happening at the same time, is exempt under CEQA. There is an exception to the exception, that cannot be applied if there are cumulative projects that put together with this project would create a significant environmental impact. That is not the case in this lot split. There were lot splits in the area in 1967, 1980, and 1991, over 10 -20 years ago, that are not considered cumulative in nature coupled with this project to create an environmental impact: it does not meet the threshold. Council Member Saab asked what position would the City be in if this subdivision was denied. City Attorney Abich Garcia, if the City finds one or more of the findings are not met, the Council would have to articulate that on the record, approve a resolution of denial and then that would be a situation then after denial, where the applicant could initiate legal action to challenge the City Council's reversal of the Planning Commission's decision in court. Council Member Saab asked if this is consistent with the City's General Plan. Director Saeki responded in the affirmative. Director Saeki reviewed the five findings: consistency with the General Plan; site suitability for the type of density of the development; design of the subdivision or improvement not likely to cause serious health problems; design will not conflict with easements required by the public at large for access through or use of property of the proposed subdivision; and, are not likely to cause substantial environmental damage or substantially injure wildlife or their habitat. Council Member Saab asked what the biggest concern Director Saeki felt the residents brought forward to the Planning Commission. Director Saeki stated he thought the biggest concern was what is going to be built at the location. Tonight the discussion is regarding the lot split and not the development. The Zoning Code will assist with any concerns regarding masionization, shading, and big development impeding into backyards. Council Member Marquez asked Director Saeki to address the statement that smaller lot sizes will have a significant impact on the value of the homes in the neighborhood and on property values. Director Saeki stated the two homes that are going to be built are going to help property values: sold for a large amount, brand new, and will be replacing an older 1950s house. It should help property values in the area. Council Member Saab requested the Public Hearing be reopened. It was moved by Council Member Saab, seconded by Mayor Pro Tern Vasquez, and unanimously approved, with Council Member Brossmer absent, to reopen the public hearing. City Council Minutes - November 12, 2013 Mayor Guerra reopened the Public Hearing at 7:47 p.m. Daniel Fierros, resident, stated the biggest concern is the change of the neighborhood's character; the second is the previous subdivisions. Mr. Fierros stated he feels staff has not done the research in regards to other lot -ties in the area and also asked why the City Council is approving the subdivision without complete environmental impact information, such as traffic impacts. Director Saeki stated if staff were to go to LA County for information regarding lot -ties in the area what would happen, worst case scenario, is that a different type of environmental document would be prepared such as a negative declaration or mitigated negative declaration, either way, staff is back here asking City Council to consider the lot split. The recommendation would remain the same. The lot -tie process has happened on numerous occasions. City Attorney Abich Garcia advised that the environmental assessment looks at the same type of project. Staff looked back as far as 1967 to look for similar lot splits and located three. To try to compare the environmental impact of this type of project to projects that only involve lot -ties or something less than a lot split is not consistent with an environmental assessment. Staff did conduct the research and the information is available in the agenda packet. Council Member Brossmer arrived at 7:51 p.m. Pat, no last name provided, resident, stated her biggest concerns is that staff is stating there has only been three lot splits, while last year on 4m Place there was one and in 2009 there was a lot split in 2009 on 3`d Avenue. She expressed her concern of splitting up lots in Orange Estates. Mayor Guerra stated technically the lot can be split into three lots, but the owner is only splitting it into two lots; it can no longer be split again. From a legal standpoint the property cannot be subdivided again; and, the City can be put at -risk because we are telling the property owner what to do after they have complied with the law. It was moved by Council Member Marquez, seconded by Council Member Saab and unanimously approved to close the Public Hearing. Council Member Marquez stated the City has looked at each position and makes a decision on information provided by City staff and the City Attorney who reviews these issues closely and advise what the legal ramifications are for the City. This City Council is very pro -home ownership and property owners and when someone lawfully owns the lot and meets all the five findings to approve the subdivision, this puts the City Council in a predicament. The legal findings give the City Council no choice but to go ahead and approve the subdivision because it falls within all the requirements of allowing it. Based on the legal opinion of the City Attorney, I will be denying the appeal and support the project based upon the findings of the City Attorney. Council Member Saab stated that the City Council's hands are tied. They appreciate the concerns and the letters and have spoken to many residents, but the City's hands are tied. The fact is that there are certain fundamental property rights which I do not feel we are in the position to violate, and together with the findings that were met and the legal consequences of doing otherwise I think the City Council has no choice and I agree with Council Member Marquez. Mayor Pro Tem Vasquez stated this is a difficult decision and the City Council understands the impact it has on the community and the neighbors. I have dealt with these issues previously while serving on the Planning Commission. I am not in favor of overturning a Planning Commission recommendation unless there are substantial findings that are different or were not presented. Staff has assessed and determines that this project meets the five findings and the legal opinion from the City Attorney concludes that as well. Having said that and based upon the recommendation of the Planning Commission, I will be voting in denial of the appeal. City Council Minutes - November 12, 2013 Mayor Guerra stated he was on the City Council in 2008 when the Building Codes were changed to make certain size restrictions, and the City Council passed new laws, new codes and ordinances. It is very difficult to overturn and put the City at -risk. We are not voting on the project; we are voting on the subdivision. The houses will be subject to the Building Codes which minimize the mansionization. The building plans will still have to come through the Planning Department and through the process and follow the City's Ordinances and Codes. We do believe in property owner's rights; and, we set laws and codes and when people follow them we cannot expose the City to the liability. I will also be supporting the denial of the appeal, because I do not believe we have any choice from a legal standpoint. It was moved by Mayor Pro Tem Vasquez, seconded by Council Member Marquez, and unanimously approved, with Council Member Brossmer abstaining, to adopt the resolution denying the appeal. 2. REZONING OF THE PROPERTY AT 11101 LAKEWOOD BOULEVARD TO ACCOMMODATE IN -N -OUT BURGER'S DEVELOPMENT PROPOSAL TO ENLARGE ITS PARKING LOT AND DRIVE - THROUGH LANE (PLN -13- 00064): Community Development. A. INTRODUCED ORDINANCE NO. 13- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO THE CITY'S COMPREHENSIVE ZONING MAP, CHANGING THE ZONING OF THE PROPERTY LOCATED AT 11101 LAKEWOOD BOULEVARD FROM PROFESSIONAL OFFICE (C- P) TO LAKEWOOD /FIRESTONE SPECIFIC PLAN (SP -91 -2) AND ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (PLN -13- 00064): Community Development. Mayor Guerra opened the Public Hearing at 8:05 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. Director Saeki provided a staff report noting this is an introduction of an ordinance to change the Zoning designation of 11101 Lakewood Blvd., from Professional Office to Lakewood Blvd. /Firestone Blvd. Specific Plan (SP- 91 -2). The specific plan in that area generally governs the development at the Lakewood Blvd. and Firestone Blvd. intersection, as well as the south side of Firestone Blvd. between Lakewood and Woodruff Avenue. Director Saeki referred to the PowerPoint slides and stated the project site is 11100 Lakewood Blvd. This will allow for the expansion of the parking lot and reconfiguration of the drive -thru on the property to the north, PCA Parking. Applications that need to be filed to implement the development proposal are the zone change; the conditional use permit to allow for off -site parking in the drive -thru lane; the conditional use permit and the summary vacation was previously approved by Planning Commission on October 16, 2013, which is also part of tonight's consent calendar. The applicant will file a lot merger to combine the properties. The CP zone does not recognize drive - thrus, whereas the Lakewood Blvd. /Firestone Blvd. allows them with a CUP; rezoning would accommodate the development and implement several goals of the Lakewood Blvd. /Firestone Blvd. Specific Plan and several of the General Plan programs and policies. It will also result in a more viable project. The CUP application for the properties are going to increase the capacity of parking from 42 to 61 spaces, increase the capacity of the drive -thru lane from 9 to 15 cars, reroute the drive -thru lane, add 5,600 sq. ft. of landscaping, double the width of the planter, and provide decorative planter and masonry wall along the northerly boundary. Director Saeki reviewed elevations for the property, noting they will remain the same. Mayor Guerra asked about vacating the alley way, citing past experiences with property owners on Lakewood Blvd. He asked if vacating the right of alley way in this project applicable for the rest of the block. Director Saeki stated the vacation for this alley is for this project only. As projects come on a case -by -case basis, they can request the vacation to the Public Works Department. City Council Minutes - November 12, 2013 City Manager Livas stated staff can review the request and return to City Council with recommendation. City Attorney Abich Garcia stated that is a separate action and could be taken separately. Approving this entitlement, does not approve the vacation. The action for vacating the street is Item #10 on the Consent Calendar. Mayor Guerra stated he does not want to do something to vacate the alley way and not give them any more special treatment than others. Mayor Guerra opened the Public Hearing at 8:13 p.m. Resident, no name provided, expressed concerns about In N' Out. He stated Marbel Avenue is the first street out of the Drive -thru with approximately10 homes and there are approximately 10 -15 people that park and eat on the street and litter. With additional cars, it will become a bigger problem. In N' Out invited the homeowners to a meeting several months ago to propose the expansion and we expressed the issues we have. They returned and advised they would send someone out to clean the trash during the day, but that has not occurred. Katie Sanchez, In N' Out Burger, stated the goal is to improve circulation and get queing longer and add parking spaces. We read through the staff report and worked through the Planning Department and we agree with their comments. In regards to the resident complaints, we held a meeting to discuss the project and did not have any opposition to the expansion of the parking lot, but they did have a problem with trash. I did provide them with contact information and contacted the manager and was told by the manager that they are out there. If there is an issue, I will call the manager and make sure taken care of. City Manager Livas advised that he will convene a meeting with the Community Development Director and the Police Department and obtain some suggestions on how to address the issue for the residents and meet with the residents. It was moved by Council Member Brossmer, seconded my Mayor Pro Tem Vasquez and unanimously carried to close the public hearing. It was moved by Council Member Saab, seconded by Council Member Marquez and unanimously approved to introduce the Ordinance. RECESS /RECONVENE Mayor Guerra recessed the City Council meeting at 8:21 p.m. Mayor Guerra reconvened the City Council Meeting at 8:29 p.m., with all Council Members present. CONSENT CALENDAR: This item was taken out of order. Mayor Guerra pulled Item Nos. 5, 10, 16, and 17; Council Member Saab abstained from Item Nos. 5 and 7. It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Vasquez to approve the remainder of the Consent Calendar with Council Member Saab abstaining from Item. No. 5, which was pulled, and Item No. 7. 3. APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings of October 22,2013: City Clerk. 4. APPROVED WARRANTS ISSUED: Warrant Nos. 280408 — 280756; Wire Nos. 30003027, 30003039, 30003046 and 30003052 — 30003061; Manual Wire Nos. 1202 —1203, and Cashiers Check Nos. 34 -45, in the total amount of $3,139,211.57: Finance. City Council Minutes - November 12, 2013 6. CAPITAL IMPROVEMENT PROJECT NO. 14-02 —ANNUAL MISCELLANEOUS CONCRETE CONSTRUCTION AND REPAIR — AREA "C ": APPROVED THE PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS: Public Works. 7. AUTHORIZED THE DOWNEY POLICE DEPARTMENT TO ENTER INTO A PARTICIPATION AGREEMENT WITH THE GLENDORA POLICE DEPARTMENT IN ORDER TO PARTAKE IN THE "AVOID THE 100" DUI TASK FORCE: Police. 8. AUTHORIZED THE MAYOR TO EXECUTE A MAINTENANCE SERVICES AGREEMENT WITH F.M. THOMAS AIR CONDITIONING INC. FOR HEATING, VENTILATION AND AIR CONDITIONING SYSTEM MAINTENANCE SERVICES FOR A PERIOD OF THREE YEARS WITH AN OPTION TO ADMINISTRATIVELY EXTEND THE TERM FOR UP TO THREE ADDITIONAL ONE -YEAR PERIODS: Public Works. 9. AUTHORIZED THE CITY MANAGER TO ENTER INTO A REIMBURSEMENT AGREEMENT WITH PCCP IRG DOWNEY, LLC AND IRG DOWNEY, LLC FOR SERVICES RELATED TO THE ACQUISITION OF THE CITY OWNED 20 -ACRE PROPERTY LOCATED AT THE PROMENADE AT DOWNEY SITE: Community Development. 11. ADOPTED RESOLUTION NO. 13 -7458, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING RONNIE FERNANDEZTO THE GREEN TASK FORCE FOR COUNCIL DISTRICT 2: Mayor Guerra. 12. ADOPTED RESOLUTION NO. 13 -7459, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF DAVID GAFIN TO THE PUBLIC FACILITIES FINANCING CORPORATION FOR COUNCIL DISTRICT 1: Council Member Marquez. 13. ADOPTED RESOLUTION NO. 13 -7460, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF ROGER C. BROSSMER TO THE BOARD OF TRUSTEES OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT: Administration. 14. INTRODUCED ORDINANCE NO. 13- .AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING SECTION 2476 - 2477.6 OF THE DOWNEY MUNICIPAL CODE AND DISBANDING THE DOWNEY CITY HOSPITAL COMMISSION: Administration. 15. ADOPTED ORDINANCE NO. 13 -1320, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING CHAPTER 7 OF ARTICLE V OF THE DOWNEY MUNICIPAL CODE (DMC) AS IT RELATES TO STORM WATER AND URBAN RUNOFF POLLUTION AND VOLUME CONTROLS: Public Works. NON - AGENDA PUBLIC COMMENT: This item was taken out of order. Jean Thaxton, mother of Michael Nida, commented on the officer - involved shooting. Terri Teramura, sister of Michael Nida, commented on the officer - involved shooting. Cheri Getoku, commented on the officer - involved shooting. Gabriela Ochoa, Miss Manhattan Beach, assigned to represent Downey, is asking the City to support her, "Love Yourself First' campaign, empowering the youth about body image, and educating the youth about images in product campaigns. City Council Minutes - November 12, 2013 John Lacey, resident, discussed computer data security, and specifically the data the City of Downey is responsible to keep. He suggested consider looking into the viability to see how vulnerable the City may be to future hackers. Roy Beard, Emergency Preparedness Committee representative, provided information on the upcoming Health Clinic, November 23, 8 a.m. noon at City Hall. OTHER BUSINESS Mayor Guerra advised that he pulled the wrong item from the Consent Calendar. He wanted like to pull Item. No. 6 and not Item No. 5, as he believed his home is located within the project area. City Attorney Abich Garcia confirmed Mayor Guerra does not have a conflict with Item No. 6, which was already approved as part of the Consent Calendar. 5. CASH CONTRACT NO. S.S. 590B — PARAMOUNT BOULEVARD FIBEROPTIC COMMUNICATION SYSTEM PROJECT, PHASE 2 (LUBEC STREET — GARDENDALE STREET): APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS; AND ADOPTED RESOLUTION NO. 13-7456, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. 036 -N TO THE CITY OF DOWNEY —STATE MASTER AGREEMENT NO. 07-5334R FOR THE PARAMOUNT BOULEVARD FIBEROPTIC COMMUNICATION SYSTEM PROJECT, PHASE 2: Public Works. It was moved by Mayor Guerra, seconded by Mayor Pro Tern Vasquez, and unanimously carried, with Council Member Saab abstaining because his office is located within 500 ft. of the project area, to approve Item No. 5 and adopt the resolution. 10. ADOPTED RESOLUTION NO. 13 -7457 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE SUMMARY VACATION OF SURPLUS PROPERTY AND ALLEY ADJOINING 11101 LAKEWOOD BOULEVARD AND 8767 FIRESTONE BOULEVARD, ZONED LAKEWOOD /FIRESTONE SPECIFIC PLAN (SP- 01 -2): Public Works. Council Member Brossmer confirmed staff is going to return to the City Council to explore the possibility of expanding the alley vacation. It was moved by Council Member Brossmer, seconded by Council Member Saab and unanimously carried to adopt the resolution. 16. APPROVED THE LOCATION OF 10 POWER BOXES, TO BE DECORATIVELY PAINTED, THROUGHOUT DOWNTOWN DOWNEY AND AT THE OLDER RIVER SCHOOL ROAD AND FIRESTONE BLVD. INTERSECTION RAILROAD RIGHT -OF -WAY: Community Development. It was moved by Mayor Guerra, seconded by Council Member Brossmer and unanimously carried to approve the recommendation. 17. RECEIVED AND FILED A REPORT REGARDING YARD SALE CODE AMENDMENT UPDATE: Community Development. Mayor Guerra stated he pulled this item because Council Member Marquez expressed concerns about residents having yard sales on a regular basis with new items. This item is allowing two additional yard sales per year, for a total of four per resident and does not believe this was the City Council's intention. City Council Minutes - November 12, 2013 Director Saeki stated this item was brought forward by Community Development on a request from the City Council to review yard sales within the City. This item would allow the community to have two additional sets of yard sales per year on a quarterly basis. It eliminates scheduling staff to go out and patrol yard sales. This would also create yard sales four times a year, on a pre- determined weekend, which would save money in staff costs and follow -up items. Director Saeki noted there are other communities that conduct yard sales in this format. Council Member Brossmer stated he personally would not be in favor of the recommendation. Mayor Guerra stated he does not want to be told when he can have a yard sale. Council Member Marquez stated his concern was to make sure that there were only two yard sales a year per address, and apartment complexes are considered one address and allowed two yard sales per year, even with multiple residences. Director Saeki advised that the number of yard sales allowed per weekend in the City is unlimited. Council Member Marquez stated that was an item Council requested be reviewed, setting a limited number of yard sales a weekend. He stated he does not see this as a solution. He would like to see limiting the number of yard sales on the weekend, and limiting the number of yard sales to one address to two a year. Council Member Saab suggested limiting the yard sales to the first weekend a month, to assist with enforcement and patrol. Director Saeki stated if the City Council desires to do one weekend a month he can return with that recommendation for consideration. Mayor Guerra stated he is not in favor of designating when a resident can have a yard sale and believes it is infringing upon residents' rights. Director Saeki stated his recommendation was coming from a monitoring perspective: with 2.5 positions down in Code Enforcement it is difficult to schedule overtime on the weekend. City Manager Livas stated the City can keep the system it currently has and will return to the City Council with minor suggestions. ADMINISTRATIVE REPORTS Council Member Brossmer recused himself from this item and stepped down from the dias due to his residence being located within the project area. 18. AUTHORIZATION TO BEGIN FORMALIZING NEIGHBORHOOD IDENTITY/BRANDING EFFORTS: Administration. Assistant to the City Manager, Shannon DeLong, provided a staff report on this item noting that neighborhood branding increases property owner and resident commitment to a neighborhood; promotes a high level of resident satisfaction; increases property values; is great forthe community; and, helps a City to market itself. She reviewed a parcel map of the largest area of Orange Estates, approximately 1500 parcels. She is requesting the City Council provide direction as to the actual area the City Council would like to designate as Orange Estates and if you would like to install monument signs at the entrances to Orange Estates and install special street blade signs. Ms. DeLong reviewed photos of street signs in other Cities. City Council Minutes - November 12, 2013 10 RECESS/RECONVENE Mayor Guerra recessed the City Council Meeting at 9:02 p.m. Mayor Guerra reconvened the City Council Meeting at 9:09 p.m., with all Council Members present. Council Member Saab advised he is abstaining from this item as his business may be within 500 feet of the project area. Council Member Marquez requested Ms. DeLong review the samples of the signage. Mayor Guerra stated he originally did not want to change the street signs because the street signs are going to change with the branding. However, he did state he is in agreement of adding a sign to the top of the current street sign. City Manager Lives stated staff is seeking direction from the City Council whether or not this is an item they would like to move forward. If it is, staff will refine this item and return with additional details. Mayor Pro Tern Vasquez stated he believes the signs will give the Orange Estates a sense of identity, and especially likes the monument signage at the entrance to Orange Estates area which will give it sense of presence to the area. It was moved by Council Member Marquez, seconded by Mayor Guerra, and unanimously approved, with Council Members Brossmer and Saab abstaining, to give direction to staff to move forward with this item. At 9:14 p.m., Council Members Brossmer and Saab returned to the dias. 19. PAINTING POST PROJECT: Public Works. Carol Rowland, Keep Downey Beautiful Coordinator, presented information on the scope of the project, timeline, number and types of signs and posts located in the City, and the campaign and marketing plan for the project. Mayor Guerra stated this is a great program and this is the type of project that changes the way we look as a City, the way we feel, and improves the quality of life for the residents. Council Member Saab stated Ms. Rowland did a great job and had a great presentation. He stated the project is much more involved than expected and believes it will build the community and bring people together. He stated he would be in favor of adding a competition component to the project to include prizes. It was moved by Mayor Guerra, seconded by Mayor Pro Tern Vasquez, to move forward with staff's recommendation. 20. CONSIDERATION OF ENTERING INTO AN AGREEMENT WITH DMOA FOR THE USE OF FURMAN PARK BUILDING #3 FOR A MODERN ART MUSEUM AND CULTURAL CENTER: Council Member Saab. The City Council unanimously agreed to postpone this item to a future Council Meeting. 21. CONSIDERATION OF YMCA PROPOSAL FOR USE OF FURMAN PARK BUILDING #3 FOR ESTABLISHMENT OF A ARTS, ENRICHMENT AND LEADERSHIP CENTER: Parks & Recreation. The City Council unanimously agreed to postpone this item to a future Council Meeting. City Council Minutes - November 12, 2013 11 22. CONSIDER AUTHORIZING THE MAYOR TO WRITE A LETTER DEMANDING THE RESIGNATION OF SENATOR RON CALDERON: Council Member Saab. Council Member Saab stated that he placed this item on the agenda because he felt strongly that the City Council should take a stand against certain behavior seen by elected officials, specifically Senator Ron Calderon. He is asking for City Council support in asking Mr. Calderon to do the right thing and step down from office. The allegations are serious enough to warrant this kind of response, the allegations that an elected official has accepted money and other favors in exchange for official acts is the most serious breach of the public trust and the oath in which we have all taken. This negative, whirlwind of corruption and embarrassment to his constituents was caused by Senator Calderon and nobody else and this idea that we sit here and say nothing and do nothing, is unacceptable. Clearly we all agree and we all respect the constitutional protections of the presumed innocent until proven guilty by a court of law, and clearly there may have been some violations when the FBI affidavits were leaked; however, that does not take the fact away that the information which was revealed was damaging to the residents of not only the 30th District but to the entire region, including Downey and the entire State of California. I say enough with the smoke screen and the excuses. I have said time and time again we have certain constitutional protections in place which are indeed our fundamental rights as US citizens, but we do not have a fundamental right to be an elected official. Whenever something this egregious, this blatant occurs there has to be outrage. The right thing to do is to step aside and allow the residents who he is supposed to represent and be a model for to be properly represented without having elected officials distracted from their personal indiscretions. I read the over 140 page affidavit and was disgusted. Every elected official takes a solemn oath to faithfully discharge our duties and when this is jeopardized and this oath become murky and when you are unable to unfaithfully perform their duties from a problem they have caused, that elected official must step down. We are a Character Counts City: trustworthiness, respect, responsibility, fairness, caring, citizenship. These are not words that were half - hazardously created, or that we pinned on a wall and we expect our kids to abide by. These words are a mantra that we need to act upon in everything we do as a City and as elected officials. As leaders and elected officials of Downey we must take a tough stance and lead by example whenever we see wrongdoing. I expect to be held by the same standards as your councilman, and I hope that Senator Calderon will do the right thing and step aside for the sake of poisoning the people's trust in our form of government and our democracy. Mayor Guerra stated he was disgusted by what he read in the affidavit and stated it is difficult to stand by; this is why we are elected officials to take a voice and do what is right. As a Character Counts community, we have a duty to be outraged. We are elected officials in part of this district where these things happened. We are role models for our youth and we do need to set the example. The senator's behavior is shameful and unacceptable. I hope he decides to do what is right for the people of this district. Ron Calderon has violated the people's trust and does not deserve to represent the people of this district. I will be supporting this. Mayor Pro Tern Vasquez stated he echoed the thoughts and concerns shared by his colleagues. It is not politics when an elected official is preoccupied for personal reasons dealing with Department of Justice it is a disservice to our community and to the City. I am supporting this request of Council Member Saab and in support of our residents and our community. Council Member Marquez commended Council Member Saab for bringing this item forward. Taking this position today sends a strong message; it is a concern we have in this district and in Southeast Los Angeles County. The actions that could be taken today by this Council, and the actions that were taken by the Senate, removing Senator Calderon from his Committees and stripping him of his Chairmanships, but also be not allowing him to participate on the Committees sends a strong message. Senator Pro -Tem Steinberg stated there is a legal course that needs to take place but the image of the Senate and the Chambers and what those positions hold, needs to be held at higher standards and when you look at that and look at the representation that we as residents deserve to have, this is the right thing to do. This is something that has been brought up in the past several years and in regards to some of his family members as well, it only brings out City Council Minutes - November 12, 2013 12 frustration to the type of representation that these areas have had. Senator Calderon did not represent Downey, and to this day still does not, but the Senate Rules Committee has assigned his office to be our liaison to the City. We are one of a handful of Cities that is currently without representation, and this is a black eye for his office and for our district. I am 100% in support of Council Member Saab and believe this is the right thing to do. Senator Calderon needs to step aside and let the process take its course. Our City and residents deserve better. It was moved by Council Member Saab, seconded by Mayor Pro Tern Vasquez, and unanimously carried, to authorize the Mayor to write a letter demanding the resignation of Senator Calderon. 23. CONSIDERATION OF A COMMUNITY ADVOCATE PUBLIC INFORMATION OFFICER POSITION: Mayor Guerra. Mayor Guerra stated he placed this item on the agenda because he has noticed Downey lacks in one area and we have been seeing it lately as we go through other cities. Some of the surrounding cities have a Public Information Officer (PIO), Public Affairs Specialist, or somebody to coordinate events that benefit the residents. He stated he would like to look at elevating the position. Mayor Guerra handed out examples from other Cities to the Council Members. He advised he is not looking to add any costs to the City; there is enough in the budget and believes it is a priority for staff. We do not have someone looking at how the community is informed. Mayor Guerra referenced the guide for the Dia de Ios Muertos, and noted nowhere on the pamphlet does it say City of Downey. It could be the person the City has now, but we could look at job definitions, duties, supervision, etc. The City Council, in his opinion, would like some direction to be able to do that. This is something that is vital; the City does not have someone for the City to help plan events. It could be at the direction of the City Manager, with influence from the City Council, in the future. If we give direction to the City Manager, this is someone that needs to work closely with the City Council. This is not about the Mayor, this is about the branding of our City Council and howwe have one coordinated message. Council Member Saab asked if the Mayor is specifically referring to branding and/or also coordinating events. Mayor Guerra stated he is looking for someone to be a true Public Information Officer (PIO), a Community Advocate. He stated he believes this is long overdue and he is not looking to not hire any vital positions or add any costs to the City's budget. Mayor Pro Tern Vasquez stated Downey has approximately 113,000 residents and one of the biggest concerns is why does the City not tell us about events and why is there no consistency. He believes this would be improved by having a consistent source of information and also assists with coordinating events. This position would do a combination of several things. We are not going to freeze public safety positions or other positions. This is a position that is long overdue. During tough times the City has weathered the storm and because of the tough choices this Council made, along with our bargaining units, from my perspective when it comes time to having those serious discussions again, I will have an open door policy and open mind and both come out as a win -win to the residents, to the tax - payers, but also to the bargaining units. I would like to see the City hire a position to help with event coordination in the City, Healthy Downey, and many other City events. Council Member Saab confirmed the City Council is looking for a Community Outreach position. Mayor Guerra responded in the affirmative and directed City Council to reference the qualifications and the job assignments and the specific job duties for the other cities around Downey. He stated each department does their own thing now and the City needs a more coordinated message and a strategic plan. Council Member Saab stated initially his biggest concern was that this position would not be publicized by the political forces and believes the Mayor addressed that stating this position would report to the City Manager; which was important to him. He would like to hear input from the City Manager whether this would be prudent to do this from within or hire an outside firm, which would probably be more expensive. City Council Minutes - November 12, 2013 13 City Manager Lives stated one of the reasons we have not had this position is because we have been looking at ways to save money and we do have a PIO on staff, but doing multiple jobs, like many of the employees, so we have not able to focus on one particular thing. It is true that many of the area City's do have a PIO and for a City this size it does make sense. Contracting out can easily escalate depending on the number of activities the City has. I am sensitive to the bargaining units and their concerns because as we did the bus tour we found out that at one time we had 15 people doing park maintenance and now we only have five. I do not necessarily think it has to be a win -lose proposition; there are things we can do to save money and identify resources to have a position. It is vitally important that this position does report to the City Manager as these particular positions can become political. It is important to protect the interest of the City and we can certainly have someone in this position, identify resources and return to return to City Council for their review. Council Member Marquez stated he understands the need since being on the City Council since 2008 and looking at staff and staffing levels and the number of employees the City has laid -off and cut, for example going from 15 to 5 park maintenance workers. Looking at those particular issues, do we need a PIO, yes, but this is not a one person position, we are looking for someone who will set -up and coordinate all events, one person cannot be able to do the PIO, the PowerPoint presentations; it encompasses more than one person. Everyone in the City has gone beyond the request of doing everything short of staff. My first concern is how we are going to get to the goals that I and others want: Police staffing to the levels we want; Public Works Department to the levels we need; we need to start addressing those issues. It is important that we have a very strong PIO and how does the City Manager incorporate this position and makes sure it fits within the needs of the City and with the needs of the staffing levels the residents deserve to have. We have to address it and look at everything at once. We look at all our issues during budget. I strongly believe it is not a one person position. I would like to suggest the City Manager and staff look at all the recommendations we are bringing forward, and return to us to decide how we are going to address the staffing needs for the departments and this position. I am requesting we look at this more closely. Mayor Guerra stated right now everyone is doing their own thing. This does not impact hiring Police Officers and would never jeopardize public safety. When the City contracted out the City Attorney we noticed the difference with having an in -house City Attorney. I do not believe we have a PIO; we have someone doing some of the job part-time; we should elevate the position. Council Member Brossmer asked if the Mayor is proposing this be brought back during the budgetary process and part of the proposal for the next fiscal year. Mayor Guerra stated he would like to have this done by December 31, 2013. 1 would like to have staff to bring it back to City Council for review. We are going to have a Council workshop to decide what the City is going to do with $9.8 million. I want to make sure our current employees are taken care of and I think there are enough funds. I think we have the funds for this now and it is just a matter of prioritizing and looking at the big picture. Council Member Brossmer confirmed that during the budget process is when the City Council looks at the big picture. Mayor Guerra yes, but the City Council has found a weakness and we need to look at the other resources that we have available in the City that were not a part of the budget process: not only the $9.8 million, but also the couple million dollar projects on other land projects. Council Member Brossmer believes there is a need; however, would like to make an educated decision and compare all the positions at once and would best be illustrated during the budgetary process. How does the City Council prioritize without seeing all the other needs and restorations. I do not know how well I can make an educated decision. I am not opposed to this, but would like to look at this position juxtaposed to all the positions and make sure that looking at the positions this is still my number one priority. I do not have the information on current open positions, and in order to feel like I am making an educated decision. I would feel more comfortable doing this City Council Minutes - November 12, 2013 14 during the budgetary process, the City Council can review the positions the Departments would like to restore or enhance and the City Council would determine what positions to hire. It is a need, but there are several needs and I would like to look at all the needs and as a City Council decide where the PIO fits within all the other positions. Mayor Guerra asked if we could do that beforehand because staff is evaluating the budget on a monthly basis. Staff prioritizes the budget and staffing needs and City Council does not vote on staff members. Staff can prioritize now and figure out what can be included in the budget. Council Member Brossmer stated that he has had discussions with Fire Chief Croom about the Emergency Preparation Coordinator. The City Council should re- evaluate bringing that position back which is for the safety of the community. If I want to make those decisions, I need to see them side -by -side, as a legislative body we have to decide which positions we are going to bring back, in relationship to other positions. Mayor Guerra asked why not have staff come back and re- evaluate the positions we need now; why wait until June. Council Member Saab stated we are approaching mid -year and it can be done at that time. Council Member Marquez stated we should direct Mr. Livas to return with a fiscal update, look at the positions, and see where this position fits and make a decision based on that information. City Manager Livas stated Council's requests are all reasonable. It is important to look at it in light of all the other needs. There are a number of really important decisions that need to be made. Typically, in December, the City does a mid -year budget review to update the Council on where the City is trending and what is coming up in the next three to four years. Staff can put the information together for the City Council to prioritize. Council Member Marquez asked Mr. Livas work with Human Resources in putting together a very descriptive job description and what the job would entail. City Manager Livas stated staff will create a job description and will advise when he can return to City Council with the information. Mayor Guerra opened this item for public comment at 10:03 p.m. Lee Cole, Public Safety Auxiliary Association President, requested the City Council reconsider creating a new position for Community Advocate Public Information Officer. The City of Downey has suffered through tough financial times the last few years. The employees and association groups agreed to eliminating many positions, lay -off employees, implement furloughs, initiate hiring freezes, delay pay raises, and take cuts in employee benefits. These sacrifices have resulted in employees taking on multiple job responsibilities in an effort to continue to provide excellent customer service to the residents. The association believes it is important to fill current frozen positions before the Council considers creating new positions. Ms. Cole also read a letter on behalf of the Downey Police Officers' Association. The Downey Police Officers' Association (DPOA), the Downey Police Management Association, and the Downey Public Safety Auxiliary Association objects to the new position which involves additional costs to the City and may involve duties which are duplicative to those performed by the existing Public Information Officer or duties that can be performed by current employees. During the last several years the City has contended that based upon deteriorating economic conditions, it was imperative that severe budget measure be undertaken, in response to employee compensation and staffing issues. A reliance on such city representations the DPOA: 1) agreed to defer for a period of three years a 4.25% salary increase which was otherwise contractually promised; 2) sustained significant salary deductions to off -set the City's funding obligation for PERS retirement programs; 3) were subjected to reduced medical benefits. Furthermore, the City instituted hiring freezes on sworn law enforcement positions which still continue for non -sworn positions and has cumulated a considerable understaffing in the Police Department. The DPOA urges City Council not to create the position of a Community Public City Council Minutes - November 12, 2013 15 Advocate Information Officer Mayor Guerra asked what does Ms. Cole mean by adding considerable costs and howwould this be a duplicate position. Ms. Cole stated the City currently has someone who is doing the duties, if you are hiring someone to take over that type of position, then you are duplicating what someone is currently doing. Mayor Guerra asked how this impacts the Association. Ms. Cole advised the City is short staffed now. As employees we have been pulling extra weight because of the severe budget cuts that we have had and because of that we have many vacant positions that are frozen that have not been filled. Dispatcher and Record positions have been eliminated, and now the City Council is considering creating a new position while those positions have not been filled. If the City Council looks at reviewing those positions first, we would not have a problem with filling this position. We feel it is not in the best interest of Council to do this right now until they look at reviewing the positions throughout the entire City. Rebecca Guerrero, Downey Employees Association President, commented on the letter submitted to the City Council opposing this position, co- written by Phil Cokkinos. Ms. Guerrero reiterated Ms. Cole's comments, noting they would like City Council to first consider upgrading the current positions and to bring back some of the cut positions, and agree to a Cost of Living increase. The Employee Miscellaneous Group is asking what is happening at the next bargaining process. There are some good ideas and I think prioritizing with the other positions would help. The City Council gave direction to the City Manager create a detailed job description and return to City Council with the information. STAFF MEMBER COMMENTS City Manager Livas had no comments. ADJOURNMENT: at 10:12 p.m. to 5:30 p.m., November 26, 2013, in Memory of Alex Saab, father of Council Member Alex Saab; Kenneth Drake, veteran of three wars, WWII, Korean War and Vietnam War, and longtime Downey resident; and, the servicemen and servicewomen who perished this past week during Operation Enduring Freedom: Sgt. Lyle Turnbull, 31, Norfolk, VA; Lance Cpl. Christopher Grant, 20, Richnwowwod••, LA; Sgt. 1st Class Forrest Robertson, 35, We tmoreland, KS. AMA M. JIMENE , CMC MARIO A. GUE City Clerk Mayor City Council Minutes - November 12, 2013 16