HomeMy WebLinkAboutMinutes - 08-12-14 Regular Meeting Successor AgencyMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING/
REGULAR DOWNEY SUCCESSOR AGENCY MEETING
AUGUST 12, 2014
The City Council of the City of Downey held a Regular City Council Meeting and a Regular
Successor Agency Meeting at 6:42 p.m., August 12, 2014, in the Council Chamber of the Downey City
Hall, 11111 Brookshire Avenue, Downey, California, Mayor /Chair Vasquez presiding.
PRESENT: Council Members /Board Members:
Fernando Vasquez Mayor /Chair
Luis H. Marquez Mayor Pro TemNice -Chair
Roger C. Brossmer
Mario A. Guerra
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
Carl Charles, Chief of Police
Mark Gillaspie, Fire Chief
Mohammad Mostahkami, Public Works Director
Arlene Salazar, Parks & Recreation Director
Aldo Schindler, Community Development Director
Anil Gandhy, Finance Director
Gladys Chavez, Secretary
The Invocation was delivered by Swami Devprakash of the Shree Swaminarayan Mandir Temple
The Flag Salute was led by Mariah Montero of Girl Scout Troop 275.
CITY COUNCIL MEMBER/BOARD MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE
AGENDA ITEMS; CONFERENCE /MEETING REPORTS
Council Member /Board Member Brossmer thanked staff for recent City events and congratulated
Fire Chief Gillaspie on his new appointment.
Mayor Pro TemNice -Chair Marquez congratulated Fire Chief Gillaspie on his new appointment. He
requested staff review the Ordinance regarding parking of boats and water crafts on residential property.
Council Member /Board Member Saab welcomed everyone in attendance. He recognized the Youth
Commission and Chamber of Commerce President Trombley who were in the audience. He reported
attending an event at the Columbia Memorial Space Center in which a new partnership with Google was
introduced; attended the National Night Out event; the Furman Park new playground unveiling and he
thanked the Kiwanis Club for their participation. He congratulated Fire Chief Gillaspie on his new
appointment. He requested staff provide a water conservation symposium in order to keep residents
informed of new State water mandates. He invited everyone to the upcoming Rooftop event, August 27
and Golden Park Movie and Music night, August 16.
Council Member /Board Member Guerra thanked the Kiwanis Club for their participation in the
Furman Park playground renovation. He reported attending a Praise Chapel Fellowship event and a
Healthy Downey Partner meeting. He requested staff follow -up with his request of allowing evening
overflow parking on Nance Street, an Inspiration update, and review a proposed parklette on the corner
of Downey Avenue and Firestone Boulevard. He congratulated Fire Chief Gillaspie on his new
appointment. He expressed being saddened by a recent lawsuit from the Downey Firemen's Association
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August 12, 2014
that contains false allegations. He requested the City and community move forward from these events.
He stated being concerned in the sanctity of the discussions that take place during closed session and
requested a more professional attitude be taken.
Mayor /Chair Vasquez thanked the Kiwanis Club for their participation in the Furman Park playground
renovation. He reported taking a trip to the City's Sister City of Ensenada in which culture, economics,
and ports were discussed. He stated he will attend a Workforce Investment Board Health Care
Conference. He invited everyone to the Golden Park Movie and Music Night, August 16 and the
International Food Festival, September 20. He congratulated Fire Chief Gillespie on his new
appointment. He welcomed former Mayor Cartozian and the Downey Youth Commissioners who were in
the audience. He stated more awareness needs to be brought to mental health because it has impacted
many lives.
PRESENTATIONS
Mayor Vasquez presented a Certificate of Recognition to the Northwest Downey Little League All -
Star Team for winning the 2014 Little League District 29 Championship.
Mayor Vasquez presented Certificates of Recognition to Girl Scouts Mariah Montero and Merai
Estafanous of Troop 275, for achieving the Gold Award.
Mayor Vasquez presented the Mayor's Healthy Heart Award to Binesh Batra, MD, Area Medical
Director at Kaiser Permanente Downey Medical Center.
Yolanda Castro, Executive Director of the Southeast Los Angeles County Workforce Investment
Board presented on the services offered by the SELACO WIB. She stated the goal of the board is to
develop a workforce that will meet the needs of local employers. They have three local locations with
one of them being, inside the unemployment office. They provide services such as: workshops,
networking, resume building, teen programs and youth assistance. Theirfive year strategic plan focuses
on working with adults, youths and people that are laid off.
Levy Sun, PIO for the Greater Los Angeles County Vector Control District, presented on the West
Nile Virus. He stated the agency serves 6 million residents and work towards protecting them against
vector threats with the most dangerous being the mosquito. Currently, their concern is focused on the
prevention of transmitting the West Nile Virus to humans via mosquitos. He stated the West Nile Virus is
endemic. He stated the Vector Control District will continue to educate the public via presentations,
school visits and literature.
SUCCESSOR AGENCY
1. ADOPTED RESOLUTION NO. SA 14 -0003, A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE DOWNEY SUCCESSOR AGENCY AUTHORIZING THE PROCESSING OF
DOCUMENTATION TRANSFERRING OWNERSHIP OF FORMER REDEVELOPMENT AGENCY
PROPERTY LOCATED AT 9062 -68 FIRESTONE BOULEVARD TO THE CITY OF DOWNEY:
Community Development.
It was moved by Council Member /Board Member Saab, seconded by Council Member /Board
Member Brossmer and unanimously carried to adopt the Resolution.
ADJOURNED THE SUCCESSOR AGENCY MEETING
The Successor Agency meeting adjourned at 8:26 p.m.
City Council /Successor Agency Meeting Minutes
August 12, 2014
PUBLIC HEARING
2. REVIEW OF AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE
PERMIT NO. PLN -14- 00071, AND CONTINUE THE PUBLIC HEARING TO THE CITY COUNCIL
MEETING OF AUGUST 26, 2014: Community Development.
It was moved by Council Member Saab, seconded by Council Member Brossmer and unanimously
carried to continue the Public Hearing to August 26, 2014.
NON - AGENDA PUBLIC COMMENT
Mr. Rosas, resident, stated he was concerned about the City's infrastructure, in specific sidewalk
damage caused by tree roots. He expressed disappointment in the lack of Title II ADA compliance as it
relates to curb and ramp cuts.
Elena Hernandez, resident, stated being disappointed that the City has allowed fraudulent
companies to do business in the City. She requested more restriction be placed in obtaining a business
license to deter such practices.
CONSENT CALENDAR
Council Member Guerra pulled Item Nos. 8, 9 and 19. The items are listed under Other Business.
It was moved by Council Member Brossmer, seconded by Council Member Saab and unanimously
carried to approve the Consent Calendar.
3. APPROVED MINUTES: Special Meeting of June 18,2014; Adjourned and Regular Meetings of July
22, 2014: City Clerk.
4. WARRANTS ISSUED: Warrant Nos. 286521- 287069; Wire Nos. 30003204-30003206,30003208
— 30003209, 30003210, 30003211- 30003213, and Manual Wire No. 1280-1287, in the total amount
of $6,144,038.52: Finance.
5. APPROVED AMENDMENT NO. 1TOAN EXISTING PROFESSIONAL SERVICES AGREEMENT
WITH TIERRA WEST ADVISORS IN AN AMOUNT NOT TO EXCEED $60,000 FOR REAL
ESTATE NEGOTIATION CONSULTING SERVICES AND AUTHORIZE THE CITY MANAGERTO
EXECUTE SAID AMENDMENT: Community Development.
6. APPROVED A THREE (3) YEAR LEASE WITH PLAZA DE LA RAZA CHILD DEVELOPMENT
SERVICES, INC. FOR TWO OFFICE SUITES LOCATED AT THE BARBARA J. RILEY
COMMUNITY & SENIOR CENTER, REFERENCED AS SUITES A & B; CONTINGENT UPON
APPROVAL OF THE LEASE BY THE BOARD OF DIRECTORS FOR PLAZA DE LA RAZA CHILD
DEVELOPMENT INC., AT ITS NEXT SCHEDULED BOARD MEETING OF AUGUST 14, 2014:
Community Development.
7. APPROVED AMENDMENT NO.1 TO CITY MANAGER, EMPLOYMENT AGREEMENT: City
Attorney.
10. ADOPTED RESOLUTION NO. 14-7506, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY AUTHORIZING THE ACCEPTANCE AND PROCESSING OF DOCUMENTATION
REFLECTING CITY OWNERSHIP OF FORMER REDEVELOPMENT AGENCY PROPERTY
LOCATED AT 9062 -9068 FIRESTONE BOULEVARD: Community Development.
11. ADOPTED RESOLUTION NO. 14-7507, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING SUBMITTAL OF AN APPLICATION FOR THE CALRECYCLE GRANT
PROGRAM FOR WHICH THE CITY OF DOWNEY IS ELIGIBLE: Administration.
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August 12, 2014
12. ADOPTED RESOLUTION NO. 14-7508, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSELETE RECORDS OF THE
FINANCE DEPARTMENT IN ACCORDANCE WITH THE CITY OF DOWNEY'S RECORDS
RETENTION SCHEDULE: Finance.
13. ADOPTED RESOLUTION NO. 14-7509, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING TRACT MAP NO. 72267 AND AGREEMENT FOR CONSTRUCTION
OF SUBDIVISION IMPROVEMENTS WITH THE SUBDIVIDER: Public Works.
14. ADOPTED RESOLUTION NO. 14-7510, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEYADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
DOWNEYAND THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION: Human Resources.
15. ADOPTED RESOLUTION NO. 14-7511, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEYADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
DOWNEY AND THE DOWNEY CITY EMPLOYEES' ASSOCIATION — MAINTENANCE UNIT:
Human Resources.
16. ADOPTED RESOLUTION NO. 14-7512, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEYADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
DOWNEY AND THE DOWNEY CITY EMPLOYEES' ASSOCIATION — MISCELLANEOUS UNIT:
Human Resources.
17. ADOPTED RESOLUTION NO. 14-7513, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ESTABLISHING SALARY AND BENEFITS PAYABLE TO EMPLOYEES IN
CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT, MIDDLE MANAGEMENT
AND CONFIDENTIAL /EXEMPT; AND REPEALING PRIOR RESOLUTIONS: Human Resources.
18. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING ARTICLE III, CHAPTER I, PART 13, SECTION 3186 OF THE DOWNEY MUNICIPAL
CODE RELATING TO THE SPEED LIMITS FOR BROOKSHIRE AVENUE BETWEEN
FIRESTONE BOULEVARD AND STEWART AND GRAY ROAD AND REGENTVIEW AVENUE
BETWEEN STEWART & GRAY ROAD AND WASHBURN ROAD: Public Works.
OTHER BUSINESS
9. CAPITAL IMPROVEMENT PROJECT NO. 15 -03— APOLLO PARK WALKING /JOGGING TRAIL
IMPROVEMENT PROJECT, PHASE 1: APPROVED PLANS AND SPECIFICATIONS AND
AUTHORIZED SOLICITATION FOR BIDS: Public Works. This item was taken out of order.
Council Member Guerra stated that based on the plans, the proposed walking /jogging trail appearto
end at a building. He recalls in previous project conversations that the trail would end near the parking
lot.
Senior Civil Engineer Gutierrez stated the location could be modified.
It was moved by Council Member Guerra, seconded by Council Member Brossmer and unanimously
carried to approve as amended.
10. GRANT INGRESS /EGRESS AND UTILITY EASEMENT TO PCCP IRG DOWNEY, LLC, AND IRG
DOWNEY, LLC, AND AUTHORIZED CITY MANAGER TO EXECUTE THE EASEMENT
DOCUMENT IN A FORM ACCEPTABLE BY CITY ATTORNEY: Public Works.
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August 12, 2014
Council Member Guerra stated he supports this project but would like to make sure historical
elements are preserved and are part of the project. He requested an update on the project and wanted it
to include bicycle accessibility.
City Manager Lives stated staff will provide an update in the near future that will address his
concerns.
It was moved by Council Member Guerra, seconded by Council Member Brossmer and unanimously
carried to approve.
8. CAPITAL IMPROVEMENT PROJECT NO. 15-01 —MULLER STREET IMPROVEMENT PROJECT
FROM PANGBORN AVENUE TO LESTERFORD AVENUE: AWARDED CAPITAL
IMPROVEMENT PROJECT NO. 15 -01 IN THE AMOUNT OF $204,000 TO SULLY - MILLER
CONTRACTING: Public Works.
Mayor Vasquez left the dais during consideration of this item. The project location is within 500 ft. of
his place of residence.
Council Member Guerra asked if language was included in the agreement that would address the
concern of contractors leaving behind markings made during the project. He requested that all markings
be removed once the project was completed.
Public Works Director Mostahkami stated the agreement does contain language indicating marking
must be removed.
It was moved by Council Member Guerra, seconded by Council Member Brossmer and carried 4 -1,
with Mayor Vasquez abstaining, to approve the item.
Mayor Vasquez returned to the dais at 8:46 p.m.
ADMINISTRATIVE REPORTS
20. CONSIDERED THE STAY GALLERY'S REQUEST FOR AN EXTENDED FUNDING
AGREEMENT: Council Member Brossmer.
Council Member Brossmer stated this item was before Council tonight because of a previous
request from Executive Director Flores of the Stay Gallery during non - agenda public comment and it
relates to extending funding for the Gallery.
Stay Gallery Executive Director Flores stated they are not economically sustainable at this time.
They are seeking extended funding to supplement operating costs to allow for continued running of all
key programs. He stated the Stay Gallery is more than an art gallery because they have developed
partnerships and programs that have enhanced the livelihood of the community. Some programs
include student exhibitions, workshops, school field trips, Stay Young initiative all which are partnered to
include the Downey Unified School District. He stated their goal is to civically engage the community
through culture and creativity. However, because the organization is still young it is not sustainable. The
goal is to achieve long term sustainability without assistance from the City. They will continue to build
their space, build programs, develop new programs and include local non - profits in order to become fully
sustainable in a few years. They are requesting extended funding in order to have an opportunity to
reach economic sustainability, allow for a stronger community impact, allow for immediate focus on
program delivery, provide a cultural hub, and continue to provide a venue for local community
organizations to use the space.
Council Member Saab stated there are two concerns from the residents: can there be long term
sustainability without assistance from the City, and is there a succession plan in place for the Executive
Director and other core team members. He asked if they charged other non - profit organizations to utilize
their space.
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August 12, 2014
Stay Gallery Executive Director Flores stated their strategic plan is to build the space, and build and
develop programs in order to be eligible for grant funding years three to five. Unfortunately, at this time
they are not eligible for grants due to a limited track record. He stated the core team is committed and
would not consider moving on to other projects without reaching all of their goals and the Gallery is
100% sustainable. He stated they do not charge other non - profit organizations to utilize their space.
Council Member Saab asked if the item passed, would the financial support go towards the rental
space fee.
City Manager Lives stated the current agreement allows funding from the Art in Public Places Fund
to pay for the rental space. However, he did notice the current proposal does not define what the
funding would go towards and suggested if the item passed the funding should go towards the rental
fee, and also the City be removed from the lease agreement. He stated the property owner has agreed
that he will not increase the rent if the lease changed hands.
Council Member Guerra stated the original plan was for the City to fund the Gallery fortwo years and
asked what reassurance the City had that at year three the Gallery would not be once again requesting
additional funding. He requested the City's name be incorporated into the gallery's name.
Stay Gallery Executive Director Flores stated they have plans in place to prevent an extension of
funding assistance after year five. They look forward to continuous growth and will continue to report
their annual financial standing to the City. He stated from a branding stand point being too literal in
including Downey in the name may be too redundant because Stay has become synonymous with
Downey.
Council Member Saab requested the amount of funding that is currently available in the Art for
Public Places fund and what upcoming funding can be anticipated.
Community Development Director Schindler stated there was currently $65,142. He stated there are
various projects that would be contributing to the fund in the near future.
Mayor Vasquez invited the public to speak on this item.
Lawrence Christon, resident, spoke in support of the Stay Gallery. He stated Stay provides diverse
programs and links the community together. He stated they are an organized, professional, and
knowledgeable organization that is vital and essential to the community.
Garry Castignola, resident, stated he supports the Stay Gallery because they bring something
special and he is very proud to be in association with them and helping them grow their organization.
Sarah Peojia, student, stated she is very impressed by the Stay Gallery and it does a lot for the
community because it incorporates art in Downey.
Having no one else come forward, Mayor Vasquez closed Public Comment.
Council Member Saab asked what economic value art brings into the community.
Community Development Director Schindler stated economic development has various prongs to
include providing financial incentives, infrastructure improvements or open space. You cannot discount
the cultural aspect of a community. There is a school of thought that the cultural aspect of economic
development could be as important as any other aspect of economic development.
Council Member Saab requested the proposal clarify that the City's financial support will go towards
the rental fee.
Council Member Brossmer stated the requested amount is higher than the amount of rent. The
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Council needs to decide if they will only supplement the rental fee or something greater or lessor. He
stated he is interested in decreasing their dependency on the City. With a longer tract record theywill be
eligible for grants. He stated being comfortable with the level of subsidy proposed by the Stay Gallery.
Council Member Guerra stated we would like the financial support to go towards the rental fee and
not operating cost in order to start distancing the City from responsibility.
City AttorneyAbich Garcia stated that based on the direction from the Council the current operating
agreement will need to be modified. In addition, if the name on the lease agreement will be changed it
needs to be discussed. The current lease is month -to- month; therefore, it is just a matter of amending
the rental agreement to substitute City of Downey with the Stay Gallery/Downey Art Vibe name.
Mayor Vasquez stated he associates public art with economic impact. This group has been able to
bring more people to the Downtown area. It is a great investment to the community to know that future
art leaders can be inspired through the Stay Gallery.
Council Member Brossmer stated he was very proud of the program, the education components and
their diversity. They are a cultural hub for the City. He stated that applying and receiving grants may be
the make or break for them but he is confident that they will succeed.
Mayor Pro Tern Marquez stated the Stay Gallery has provided cultural and economic value to the
City. He is very impressed by the value they bring to the community.
Council Member Saab stated they provide a big value to the community that cannot be quantified.
He stated being hopeful in their sustainability and is in full support of this item.
Council Member Guerra stated this was a piece of the Downtown's puzzle.
It was moved by Council Member Brossmer, seconded by Mayor Pro Tern Marquez and
unanimously carried to approve the Downey Art Vibes extended funding agreement.
STAFF MEMBER COMMENTS: None.
ADJOURNMENT
The meeting adjourned at 9:59 p.m. to Tuesday, August 26, 2014, at 5:30 p.m., in Memory of Dr.
Omar Magana, Downey resident and owner of Santa Fe Medical Clinic; and, the servicemen who
perished this past week during Operation Enduring Freedom: Pfc. Donnell Hamilton, Kenosha,
Wisconsin; Staff Sgt. Benjamin Prange, Hickman, Nebraska; Pfc. Keith Williams, Visalia, California;
Boatswain's Mate Seaman, Yeshabel Villotcarrasco, Parma, Ohio; Staff Sgt. Girard Gass Jr., Lumber
Bridge, North Carolina.
vV �
KDAIA M. JIMENE , CM
City Clerk
City Council /Successor Agency Meeting Minutes
August 12, 2014