HomeMy WebLinkAboutMinutes 07-14-15 Regular MeetingMINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT • i
HOUSING • '' OF OF DOWNEY
REGULAR MEETING
JULY 14, 1!
The City Council of the City of Downey held a Joint Regular City Council /Community Development
Commission Housing Successor Meeting on July 14, 2015, at 6:45 p.m., in the Council Chamber of the
Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Marquez presiding.
PRESENT: Council Members ::
Luis H. Marquez Mayor /Chair
Alex Saab Mayor Pro Tem/Vice (Excused)
Sean Ashton Council Member /Commissioner
Roger C. Brossmer Council Member /Commissioner
Fernando Vasquez Council Member /Commissioner
ALSO PRESENT: Gilbert Livas, City Manager
Yvette M. Abich Garcia, City Attorney
Adria M. Jimenez, CMC, City Clerk
John Oskoui, Assistant City Manager
Shannon DeLong, Assistant to the City Manager
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
The Invocation was delivered by Downey City Attorney Garcia. The Flag Salute was led by Nick
Velez, President of Save the Brave Organization.
COUNCIL • UNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMI
CONFERENCE/MEETING REPORTS
Council Member /Commissioner Ashton reported attending the Independent Cities Association
conference and provided information on the work shop he attended regarding the High Speed Rail. The
railway will not affect any housing in the City and the nearest station will be the Norwalk Station. The
railway will run along the Metro Line. He also reported on his attendance at the re- opening of the
Temple Park playground and the Downey Fire Department Badge Pinning Ceremony and thanked staff
for the great job at the Temple Park event. He reminded the public about upcoming City events
including the "Summer Concerts in the Park" scheduled Wednesday at Furman Park with a
performance by Mojo Sonic; the Downey Rose Bowl Association's Open House scheduled Saturday at
the Barn; the Community Concert at the Civic Center on July 22 to welcome the athletes coming from
Ireland for the Special Olympics World Games; and the first Downey Comic Con event at the Downey
Library on July 29. He asked staff to look at the Avenue sign on Downey Avenue that needs repair.
Council Member /Commissioner Brossmer reported attending the Independent Cities Association
conference and provided information on the Financial. Savings and Budget Solutions He commented on
the financial state of the City versus those of other cities who did not make cuts. - He expressed his
contentment with the City's balanced budget and current credit rating. He reported attending the
Downtown Sub - Committee meeting.
City Council Minutes
Regular Meeting — July 14, 2015
Council Member /Commissioner Vasquez reported attending the Independent Cities Association
conference and reported on the session he attended regarding Parking Technology. He commented on
the parking situation and business growth in the Downtown Downey. He mentioned the session
provided information on being creative and efficient with parking and how to make better use of parking
space. He asked staff to begin working on an analysis of the future aspect of growth in the downtown
area. He reminded the audience of the upcoming Welcome Ceremony for the Special Olympics
athletes and encouraged everyone to participate. He acknowledged the Downey Chamber of
Commerce representatives in the audience and representatives from Coca Cola. He thanked Coca
Cola for their community partnership.
Mayor Marquez /Chair reported attending the Independent Cities Association conference and
reported on the session he attended regarding Water Legislation and Regulation. The session provided
information about the new State regulations and mandates Cities need to follow for water conservation.
He elaborated on the City's efforts to keep the public informed of these regulations and other options
that will help with water conservation efforts. He thanked staff and the media for getting the information
out to the public. He thanked and acknowledged the Recreation staff for the Temple Park re- opening.
He commented on the City's efforts to modernize and improve the quality of the City's parks. He
reported attending the Downey Fire Department Badge Pinning Ceremony. He discussed the illegal
fireworks issue and said 20 citations were issued on the Fourth of July. He thanked the Downey Patriot
for providing information and reiterated the City's zero tolerance for illegal fireworks and said the City
will enforce the $2,000 fine.
1.; The Mayor /Chair and City Council with the assistance of Director Salazar, presented a Certificate of
Recognition to Coca -Cola for their $10,000 contribution towards the City's Special Olympics World
Games Host Town Program.
• OUNCIL/COMMUNITY DEVELOPMENT • •
SUCCESSOR HOUSING
Mayor /Chair Marquez opened the Public Hearing at 7:08 p.m. City Clerk Jimenez affirmed receipt of
the Proof of Publication. It was moved by Council Member /Commissioner Vasquez, seconded by
Council Member /Commissioner Ashton and so ordered by the Mayor /Chair to receive and file. City
Clerk Jimenez noted there was no correspondence received.
1. AFFORDABLE HOUSING AND PROPERTY DISPOSITION AGREEMENT WITH PARTNERSHIP
HOUSING INC., APPROVING SALE AND DEVELOPMENT 9303-09 ELM VISTA r-
Development.
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City Council Minutes
Regular Meeting — July` 14, 2015 2
Aldo Schindler, Director of Community Development, provided the staff report. He provided
information about the acquisition of the property by the Community Development Commission with
former Redevelopment Agency low -to- moderate income housing funds. The Home Agreement is
between the City and Habitat for Humanity for the development of the units by Partnership Housing
Inc., a non- profit housing developer to satisfy Community Development Housing Organization
requirements of the federal HOME program. The project consists of seven new townhomes with 1,215
square foot living space per unit which includes three bedrooms and two bathrooms. Each unit will have
an attached two -car garage, plus four on -site parking spaces for visitors. The development will
incorporate the installation of energy saving appliances, sustainable materials and green building
practices. Housing will be marketed first to Downey residents and people who work in Downey. The
Development Agreement obtains Planning Commission approval for the project entitlement; establishes
an 18 -month construction period; adheres to the schedule of the performance for infusion of non -City
funding and development of the site offers future "For- Sale" units to current renters at site; provides for
the relocation of existing renter households residing at the current site; sales of the units only to eligible
low- income households; records low income covenants on the parcels at the initial sale; requires all
future sales to qualifying low- income families; and, the recordation of an affordable housing regulatory
agreement establishing a 45 year affordability covenant on the site. Funding for the development
distributed as follows: Downey -CDD Land Loan $750,000; Downey — Federal HOME Funds $1,145,000;
Developers Funds /Contribution $1,006,552; Federal Home Loan Bank /WISH Program $105,000; and
In -Kind Gifts /Private Sponsorships $ 84,000, bringing the total cost to $3,090,552.
Council Member /Commissioner Vasquez asked Director Schindler if any of the funding triggered
prevailing wage. Mr. Schindler indicated that neither State nor Federal prevailing wage would be
triggered with this development. Council Member Vasquez asked if there will be common areas on the
site. Director Schindler stated they have not seen any common areas on site plan.
Mayor Marquez /Chair opened this item for Public Comment.
Resident, no name provided, spoke in opposition of the approval for affordable housing and
property disposition agreement with Partnership Housing Inc. and the sale of certain real property.
Council Member /Commissioner Vasquez clarified the Department of Housing and Urban
Development sets the household income limits for affordable housing and stated the development is
much needed to revitalize that part of the City.
Council Member /Commissioner Brossmer stated he is completely in favor of the project.
Mayor /Chair Marquez expressed being in favor of development noting the City has had the
opportunity to partner with Habitat for Humanity in the past and this project is much needed.
It was moved by Council Member /Commissioner Vasquez, seconded by Council
Member /Commissioner Ashton, and approved unanimously with Mayor Pro Tern Saab/Vice- Chair
excused, to approve the sale of the property located at 9303 -09 Elm Vista Drive to Partnership Housing
Inc. for $750,000 pursuant to the terms of the Affordable Housing and Property Disposition Agreement;
and adopted Resolution No. 15 -7573, a Resolution of the City Council of the City of Downey approving
an Affordable Housing and Property Disposition Agreement between the Community Development
Commission of the City of Downey and Partnership Housing, Inc., approving the sale of certain real
property (Assessor's Parcel No. 6284- 020 -900), and making certain findings required by law.
City Council Minutes
Regular Meeting — July 14, 2015 3
It was moved by Council Member /Commissioner Vasquez, seconded by Council
Member /Commissioner .Ashton, and approved unanimously with Mayor Pro Tern Vice -Chair Saab
excused, to adopt Resolution No. 15 -299, a Resolution of the Community Development Commission
Housing Successor of the City of Downey approving an Affordable Housing and Property Disposition
Agreement between the Community Development Commission of the City of Downey and Partnership
Housing, Inc., approving the sale of certain Real Property (Assessor's Parcel No. 6284- 020 -900), and
making certain findings required by law.
ADJOURNED THE COMMUNITY DEVELOPMENT • • N — HOUSING SUCCESSOR
MEETING
At 7:24 p.m. Chair Marquez adjourned the meeting of the Community Development Commission
Housing Successor.
PUBLIC NEARING (con't) — CITY COUNCIL
2. APPROVED FRANCHISE AGREEMENTS FOR TOWING AND STORAGE SERVICES: Police.
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ADOPTED • • • 15-75751 A RESOLUTION OF • OF
OF DOWNEY APPROVING A FRANCHISE AGREEMENT FOR TOWING AND STORAGE
SERVICES WITH TITAN TRANSPORTATION,
Mayor Marquez opened the Public Hearing at 7:25 p.m. City Clerk Jimenez affirmed receipt of the
Proof of Publication. It was moved by Council Member Vasquez, seconded by Council Member Ashton,
and so ordered by the Mayor to receive and file. City Clerk Jimenez noted there was no
correspondence received.
Lieutenant Loughner presented the staff report and provided background information about the
current contracts with United Towing Services, Inc. and Titan Transportation, Inc. He stated a.Request
for Proposals was issued in March 2015 with a deadline of May 11, 2015 and two proposals were
received. Based on the Police Department's _experience and level of service provided by Titan
Transportation, Inc. and United Towing Services, Inc. the Downey Police Department recommends that
the City Council adopt the resolutions approving the agreements for a period of three years
commencing July 1, 2015 through June 30, 2018 with Titan Transportation, Inc. and United Towing
Services, Inc.
City Attorney Abich Garcia Abich stated each Council Member has received a copy of each of the
proposed Towing Agreements and additional copies were available for the public at tonight's meeting.
Council Member Ashton asked for the exact date the Request for Proposals was issued. Lieutenant
Loughner stated it was issued within the first ten days of March 2015.
Mayor Marquez /Chair opened this item for Public Comment.
Resident, no name provided, stated his disagreement with the fees imposed for vehicles towed.
City Attorney Garcia clarified the towing agreements do not contain any penalties or provisions for
fines but contain provisions for towing and storage services for the City on an as needed basis. She
indicated that page 24 of the agreements provides provisions that are very specific to towing and
storage costs.
City Council Minutes
Regular Meeting — July 14, 2015 4
It was moved by Council Member Ashton, seconded by Council Member Vasquez, and approved
unanimously, with Mayor Pro Tern Saab excused to approve the agreement with United Towing
Services, Inc. and adopt Resolution No. 15 -7574.
It was moved by Council Member Vasquez, seconded by Council Member Ashton, and approved
unanimously, with Mayor Pro Tem Saab excused to approve the agreement with United Towing
Services, Inc. and adopt Resolution No. 15 -7575.
Gail Courtney, Chamber of Commerce Executive Director, provided an update to Council on future
events. She stated there was _a great turn out at the mixer at_Porto's June 30 and announced the
upcoming Small Business Workshops that will begin this Thursday. The Inaugural Board Retreat is
August 7 at the Embassy Suites; Networking "Let's Do Lunch" at Buffalo Wild Wings on July 29; and
the City Affairs meeting August 12 at Farmers& Merchants Bank.
Ernie Delgado, Vietnam Combat Marine Veteran, accompanied by Nick Velez, Marine Combat
Veteran and Lalo Lopez, Combat Navy Corpsman from Save the Brave asked the City Council for their
support with sponsorship for their upcoming fishing trip for _22 Veterans in the community. Council
Member Vasquez asked Mr. Velez if Save the Brave is a non- profit organization. Mr. Velez stated yes.
Council Member Vasquez directed staff to donate two foursomes for the City golf course to be used for
fundraising efforts for the group. He asked staff to notify Save the Brave of CDBG funding opportunities
next year and asked that the group speak to the Police Department Captain about the possibility of
supporting the non - profit. Mayor Marquez asked Mr. Velez to speak to Director Salazar about the
upcoming bike ride and possible fundraising assistance for local groups. He commended Mr. Velez and
the group for their service to the country and what they are doing to assist other Veterans in the
community.
Resident, no name provided, commented on the American Disability Act, a claim for damages
against the City and individuals living with disabilities. He asked that the City provide and maintain
street ramps and curbs for those with disabilities.
Jacqueline Cardona, resident, asked for guidance on how to keep informed regarding police activity
in her area.
City Manager`Livas thanked Ms. Cardona for her comments. He advised her that he will speak to
the Police Department about issuing notifications in a timely manner. Council Member Vasquez
suggested Ms. Cardona speak to the Police Department about organizing a Neighborhood Watch
group.
John Lacey, resident, acknowledged the members of Save the Brave for their service to the country
and to other Veterans. Mr. Lacey talked about water conservation measures and asked if the water
rates will be increased. He talked about the rate increases and funding for CalPERS and suggested the
City set up a rainy day fund to be prepared for any increases.
Council Member Vasquez pulled Item No. 9 from the Consent Calendar. Mayor Marquez
announced Item No. 7 would be amended to reflect the Fire Chief would be authorized to execute the
agreement_ instead of the Mayor.
It was moved by Council Member Vasquez, seconded by Council Member Ashton, and approved
unanimously, with Mayor Pro Tern Saab excused to approve the remainder of the Consent Calendar
with the amendment to Item No. 7 as stated by the Mayor.
City Council Minutes
Regular Meeting — July 14, 2015 5
ADOPTED ORDINANCE NO. ORDINANCE OF • OF
OF DOWNEY APPROVING AND MEMORANDUM OF LEASE
AGREEMENT WITH NEW CINGULAR WIRELESS FOR A CELL TOWER DISCOVERY
Community Development.
AUTHORIZED A STREET CLOSURE • OF - DRIVE AND
3 RD STREET FOR THE CITY OF DOWNEY'S 3 RD ANNUAL NATIONAL NIGHT OUT ON
TUESDAY, Police.
S. APPROVED THE RENEWAL AND AUTHORIZED THE MAYOR TO EXECUTE THE LICENSE
AGREEMENTS WITH SOUTHERN CALIFORNIA r • • FOR THE
CONTINUED USE OF THEIR RIGHT-OF-WAY FOR PARK PURPOSES AT WILDERNESS AND
CRAWFORD Parks & Recreation.
Council Member Vasquez thanked Director Salazar for her work in securing an additional 3.7
acres of open space south of Wilderness Park. He asked staff to begin the process to explore
alternatives for the usage of the open space.
It was moved by Council Member Vasquez, seconded by Council Member Ashton, and
approved unanimously, with Mayor Pro Tern Saab excused, to approve the renewal and authorize
the Mayor to execute the License Agreements with Southern California Edison Company for the
continued use of their right -of -way for park purposes at Wilderness and Crawford Parks.
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Consultant John L. Hunter provided a presentation of the City's Storm Water Program. In his
presentation he discussed the major milestones of the past year which included the MS4 (NPDES)
permit being upheld by the State Water Resources Control Board in Sacramento; the Watershed
Management Programs approved by the Regional Board in April 2015; and, the approval of the
Coordinated Integrated Monitoring Program by the Regional Board in June 2015. He provided
background information about the development of the Water Management Authority which consists of
15 cities/agencies_ which joined the Lower San Gabriel River; seven cities /agencies which joined the
Los Cerritos Channel; and eight cities /agencies that joined the Lower LOS Angeles River. The City of
Downey is in three watersheds, the lower Los Angeles and San Gabriel Rivers and Los Cerritos
Channel. He explained that due to the approval of the Watershed Management Programs, the MOUs
are being amended and Downey needs to participate in all three amendments through 2020. Downey's
responsibilities under the Watershed Management Program consist of implementing watershed control
measures, meet interim and final discharge limitations and implement CIMP monitoring. With some
control measures in effect now, additional control measures need to be implemented. The City's top
priority pollutants consist of trash, metals, nutrients and bacteria. Downey is subject to seven total
maximum daily loads of TMDLs. Regional Control Measures are based on Watershed Modeling and
Divides the City into sub watersheds. Watershed Monitoring will be phased in over three years and an
RFP has recently been released for this program. Monitoring will be starting as early as October of this
year. The Watershed Committees continue to work to minimize the projected costs wherever possible
and the WMPs and CIMPs -are now approved and must be implemented.
City Council Minutes
Regular Meeting — July 14, 2015 7
Council Member Ashton asked how it would be determined where the pollutants are coming from.
Mr. Hunter explained compliance would be a factor and pollutants found would need to be discussed
between the cities depending on the outfall. Council Member Ashton asked how much water is being
saved now. Mr. Hunter stated Downey is at an eight Cumulative Capture Volume and is doing better
than other cities because of the LID sites and the infiltration valve at Discovery Park.
It was moved by Council Member Aston, seconded by Council Member Brossmer, and approved
unanimously, with Mayor Pro Tern Saab excused, to approve and authorize the City Manager to
execute the First Amendment to the MOU with the GWMA for administration and cost sharing to
prepare and implement a Watershed Management Program and Coordinated Integrated Monitoring
Program for the Lower Los Angeles River Watershed in a form approved by the City Attorney; approve
and authorize the City Manager to execute the First Amendment to the MOU with the GWMA for
administration and cost sharing to prepare and implement a Watershed Management Program and
Coordinated Integrated Monitoring Program for the Los Cerritos Channel Water shed in a form
approved by the City Attorney; approve and authorize the City Manager to execute the First
Amendment to the MOU with the GWMA for administration and cost sharing to prepare and implement
a Watershed Management Program and Coordinated Integrated Monitoring Program for the Lower San
Gabriel River Watershed in a form approved by the City Attorney; and authorize the City Manager to
execute any future Amendments to the MOUs if deemed necessary, up to the approved budget in a
form approved by the City Attorney.
City Manager Livas announced there would be no parking available at the Civic Center on July 22,
due to the Host Event for the Special Olympics. He thanked all the City Departments in particular Parks
and Recreation for coordinating a phenomenal event, and he invited everyone to attend.
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City Council Minutes
Regular Meeting — July 14, 2015 8
Regular City Council Meeting in Memory of the
Operation Enduring Freedom, Senior Chief Petty
AL59 SAAB
Mayor Pro Tern