HomeMy WebLinkAboutMinutes 06-23-15 Regular MeetingMINUTES OF
COUNCIL CITY OF OF •
REGULAR MEETING
JUNE 23, t'
The City Council of the City of Downey held a Regular City Council Meeting on June 23, 2015, at
6 :36 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
Alex Saab Mayor Pro Tern
Sean Ashton Council Member
Roger C. Brossmer Council Member
Fernando Vasquez Council Member
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
Alicia Duarte, Deputy City Clerk
The Invocation was delivered by Carlos Median of The Church of Jesus Christ of Latter -day
Saints. The Flag Salute was led by Gail Chambers, Executive Director, Downey Chamber of
Commerce.
RECESS /RECONVENE
Chair Marquez recessed the City Council meeting and opened the Community Development
Commission Housing Successor meeting at 6:38 p.m. The City Council meeting reconvened at 6:37
p.m.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS
CONFERENCE /MEETING REPORTS
Council Member Ashton announced the following upcoming events, the first Roof Top Concert
series, Community Open House at Rio Hondo Golf Course; the Fireworks show at Downey High
School; and the rededication of the playground equipment at Temple Park.
Council Member Vasquez reported attending the National Association of Latino and Appointed
Officials Conference and he reported on the workshops he attended regarding cloning healthy
outcomes for communities and youth homelessness and human trafficking. He requested an update
with statistics regarding homelessness in the City. He requested an update from staff regarding
shopping cart issues.
Council Member Brossmer concurred with Council Member Vasquez regarding a staff report on
the homeless issue.
City Council Minutes
Regular Meeting — June 23, 2015
Mayor Marquez asked staff to coordinate with the Gateway Cities Council of Governments
regarding their initiative to reduce homelessness.
Mayor Pro Tem Saab acknowledged members of the Downey Chamber of Commerce in the
audience: Elizabeth Trombley, Cindy Kovach, Joanna Peterson, Jeannie Wood and Bob Arthur.- He
reminded audience of the Chamber of Commerce installation luncheon, at the Rio Hondo Event Center.
He acknowledged Jose Hernandez of the Rose Float Association and announced the Rose Float
Associations' Annual Clean-Up and Barbecue, July 25 and their fireworks stand at the Ralph's parking
lot on Firestone Blvd. He reported attending the 20th Anniversary Luncheon for the Gas Company
Resource Center; he commented on the aesthetics of the building and encouraged the audience to
take a tour. He announced the grand re- opening of the McDonald's on Lakewood Blvd. and the Rio
Hondo Community Open House event both scheduled next Sunday. Lastly, he announced the
Chamber of Commerce Mixer Networking event at Porto's and the Twilight Summer Concert Series at
Furman Park beginning July 1St. Mayor Pro Tern Saab requested staff to research vendors spray
painting decorative bricks. He asked staff to address a service call he received from residents in the
area of Melva and Lakewood who are concerned about the service wall at the Promenade. He asked
staff send out a message through Nixle regarding illegal fireworks.
Mayor Marquez welcomed the audience to the meeting and invited current and potential small
business owners to attend the City of Downey and Chamber of Commerce six week seminar series
entitled "Small Business Focus." He invited the audience to attend the first Roof Top Concert Series.
He reported attending the National Association of Latino and Appointed Officials Conference last week
and reported on the workshops he attended which included discussions about legalizing marijuana and
e- cigarettes. Mayor Marquez wished everyone a happy and safe 4th of July.
PRESENTATIONS
1. The Downey Chamber of Commerce presented the City Council with a Certificate of Appreciation
for their support and cooperation with the Downey Chamber of Commerce 2015 Street Faire.
2. The Mayor and City Council with the assistance of Director Salazar presented Certificates of
Recognition to the Downey Elks Lodge #2020 and Boy Scout Troop #441 for their contribution
towards the City's Special Olympics World Host Town Program.
3. The Mayor and City Council with the assistance of Director Salazar presented a Certificate of
Recognition to Jack in the Box, for their Special Olympic Host Town Donation.
4. The Mayor and City Council presented Certificates of Recognition to Downey High School Kiwins:
Karina Gonzalez, Liz Manalili, and Katherine Rula for their volunteer work in preparing 25,000
meals that were shipped to the Philippines to assist with the recent natural disaster.
PUBLIC HEARING
2. PROPOSED BUDGET FOR 2015 -16 FISCAL YEAR: Finance,
ADOPTED RESOLUTION NO. 15 =7567, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ADOPTING THE FISCAL YEAR 2015 -16 BUDGET AND THE ANNUAL
APPROPRIATIONS LIMIT
Mayor Marquez opened the Public Hearing at 7:14 p.m. City Clerk Jimenez affirmed receipt of
the Proof of Publication. It was moved by Mayor Pro Tern Saab, seconded by Council Member Ashton
and so ordered by the Mayor to receive and file. City Clerk Jimenez noted there was no
correspondence received.
City Council Minutes
Regular Meeting — June 23, 2015 2
City Manager Livas said he was pleased to present a - balanced budget for the fourth
consecutive year. He explained a onetime draw down from the City's reserve to manage some items
and said personnel costs decreased by 20 %. He thanked the Budget Sub- Committee, the City Council
and Department Heads. He mentioned the budget articulates the goals the City Council set forth during
the priorities workshop in January and it is a very strategic budget.
Director Gandhy provided a brief overview of the budget for Fiscal Year 2015 -2016. In an
economic overview he stated revenue and expenditures for FY 2014 -2015 are currently aligned with
the budget, the economy continues to show growth, unemployment is at its lowest since September
2008, taxable sales and property values continue to grow and construction is doing well and helps with
Planning and Building fees. The general funds revenue is projected to be higher by 6 % compared to
the prior year and appropriations are projected to be higher by 6% compared to the prior year. Director
Gandhy stated the highest revenue tax comes from Property Tax, Sales Tax and Utility Users Tax
which makes up about 66% of total revenues. Additional revenues come from JPCC & Ambulance,
Franchise Fees, transfers from other funds and charges to other funds. Proposed General Fund
Expenditures for FY 2016 -2016 are as follows: General Government $9,602,119; Police Department
$27,795,535; Fire Department $17,551,460; Public Works $5,642,860; Parks & Recreation $7,608,315;
Community Development $5,188,957; and Transfers Out $2,428,709. Challenges ahead include
catching up on deferred maintenance, revenue growth needed to keep track with expenditure growth,
continuing to re -align budget based on what the City can truly afford, and ongoing increases in pension.
Mayor Marquez opened this item for Public Comment.
Bill Minasian, resident, congratulated the City Council on the proposed budget and mentioned it
was a good example of transparency. Mr. Minasian inquired in regards to the additional consideration
of $700,000 drawing from the General Fund due to maintenance and utilities of the Golf Course. City
Manager Livas stated in the past the Golf Course was providing some funding to the City's General
Fund but the money will no longer be taken from the General Fund and the funding is not related to golf
course utilities.
Mayor Pro Tem Saab asked Director Gandhy to talk about the funding projections from the
Promenade development. Director Gandhy said the City expects to receive about $2.5 million from
sales and property taxes and it is anticipated to see revenue coming in the first quarter of 2017. City
Manager Livas explained the funding will alleviate expenditures for pensions and employee costs.
Mayor Marquez thanked Council Member Brossmer and Mayor Pro Tern Saab, Finance Director
Gandhy, Assistant City Manager Oskoui, City Manager Livas, Department Heads, and City staff for
compiling proposals to achieve a balanced budget.
Council Member Brossmer thanked Mayor Pro Tern Saab for laying the groundwork on the
budget and said he is proud to have a balanced budget for the last four years. He appreciates staff's
hard work and the bargaining units working together during these difficult times.
Mayor Pro Tern Saab thanked Council Member Brossmer, City Manager Livas, Assistant City
Manager Oskoui, Finance Director Gandhy, Department Heads, and all City employees for their work.
He commented on the priority for Public Safety stability and ensuring that tax payer money is well kept
and spent. He attributed the City's financial state to previous Council Members and staff members who
have taken a proactive measure and have spent money wisely and saved money. He said the City was
fortunate to have the sale of the hospital, a couple of real estate property sales and investment. He
wants the City to continue being fiscally conservative. He is happy public safety and quality of life of the
residents is not compromised and there are no cuts in service. He mentioned they will be looking into
the library this fiscal year and at other buildings. He said the budget meets the current needs but
pensions continue to be a challenge and they will continue to make tough choices as the year goes by.
City Council Minutes
Regular Meeting — June 23, 2015 3
He finalized his comments by stating things look promising with new developments and the Community
Development Department being strong. He said businesses are doing well and new good businesses
are coming to the City including the Promenade.
It was moved by Mayor Pro Tern Saab, seconded by Council Member Brossmer and
unanimously carried to adopt Resolution No. 15 -7567, a Resolution of the City Council of the City of
Downey adopting the Fiscal Year 2015 -16 budget and the Annual Appropriations Limit.
3. CITY FEE RESOLUTION: Finance.
ADOPTED RESOLUTION NO. 15 -7568 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ESTABLISHING A UNIFORM SCHEDULE OF FEES
Mayor Marquez opened the Public Hearing at 7:32 p.m. City Clerk Jimenez affirmed receipt of
the Proof of Publication. It was moved by Mayor Pro Tern Saab, seconded by Council Member
Vasquez and so ordered by the Mayor to receive and file. City Clerk Jimenez noted there was no
correspondence received.
Director Gandhy provided the staff report for the City Fee Resolution item. He referred to page
two of the staff report and said the fiscal impact will be an increase of $81,460 due to the increase in
the subscription fee for ambulance from $48 to $60. Mayor Pro Tern Saab asked for more information
regarding this fee increase. Fire Chief Gillaspie explained based on a fee study of comparable
municipal departments and recommendations from Wittman Enterprises, EMS Billing Specialists, and
Management Partners, who performed the Paramedic Engine Study, the fee was increased to $60
without any additional fees that medical, Medicare, or private insurance may charge. He also
mentioned the fees for other comparable cities range from $60 to $70 and the Medical copay is from
$80 to $95. Mayor Pro Tem Saab asked if other cities have the same percentage of subscribers as
Downey at the current rate. Chief Gillaspie stated there has been no fee increase since 2010 and it
went from $42 to $48 and the new increase would only be $1 per month. Mayor Pro Tern Saab asked
what is the percentage of subscribers. Chief Gillaspie said he does not have the percentages but the
annual gross revenue is minimal. He said most patients are the elderly and they do not have insurance
and rely on Medical or Medicare and make up two- thirds of the transports, 19% are insurance patients.
The revenue is about $230,000 out of $3 million revenues. Council Member Vasquez asked how this
would impact Medical and Medicare patients as far as billing. Chief Gillaspie said it would not require
any additional out of pocket expenses and said it is all based on Los Angeles County EMS rate.
Council Member Ashton stated increasing the rates does not mean the City wants to make more
money but to offset the City's costs. Director Gandhy said it covers the costs of ambulance purchases
and the fee is per address not per individual.
Mayor Marquez opened this item for Public Comment.
Mayor Pro Tern Saab asked for an explanation of the Drop -In Play Basketball $2 per visit.
Director Salazar explained the fee since 2003 was $1 per adult and was increased to $2. They are now
ensuring that all fees are codified and made part of the adopted fee schedule. The $2 fees have been
charged since 2004. City Manager Livas explained the reason why the fee was implemented was to
deter adults hanging out at the park that were not using the gym and it helped to discourage loitering
during mid -day hours. Director Salazar said it made a difference and decreased vandalism, and
damage to park benches.
Mayor Pro Tern Saab inquired about the Active Duty Military Personnel with Military
Identification. Director Salazar explained this year the same fee schedule for Downey residents was
used for Active Duty Military Personnel as a pilot program. She stated there was success and now the
City wants to codify this and make it part of the City Fees schedule.
City Council Minutes
Regular Meeting — June 23, 2015 4
Mayor Pro Tern Saab inquired about the five dollar adult fee at the Space Center. Council
Member Vasquez asked the City Manager for a distinction in fees for Downey and Non - Downey
Residents. Mayor Pro Tern Saab said he would like to address the fee for Downey Unified School
District students when the numbers come to Council. City Manager Livas stated all of the Space Center
fees will be brought back to Council to review in detail.
It was moved by Council Member Brossmer, seconded by Council Member Ashton, and
unanimously carried, to adopt Resolution No. 15 -7568, a Resolution of the City Council of the City of
Downey establishing a uniform schedule of fees.
NON - AGENDA PUBLIC COMMENT
Nora Ensidia, commented on the homeless in the City. City Manager Livas asked the resident to
speak to Director Schindler regarding a homeless advocacy group that is funded by the City, The
Whole Child, and Path Partners from Gateway Cities.
Dr. _Jack Ackerman, resident, commented regarding the wall openings on the service wall next
to the Promenade. City Manager Livas asked Dr. Ackerman to leave the petition information with Public
Works Director Mostahkam.
Louise Hicks, resident, stated her concerns regarding the mental health system and how it has
affected her son, and the homeless. She asked for Council support with her Go Mental Campaign.
Emory Sippos, business owner, thanked the Police Chief for enforcing the parking situation in
the Downtown area and Public Works for improving street cleaning.
Resident, no name provided, talked about the parking citations being issued to residents on
Third Street between Krikorian Theatre and Paramount Blvd. and asked if the parking hours can be
changed. City Manager Livas informed the resident City staff will look into the issue.
Jorge Reynoso, resident, commented on parking citation issues for residents on Third Street.
CONSENT CALENDAR
Mayor Pro Tern Saab pulled Item No. 21; Council Member Brossmer announced his abstention
from Item No. 10.
It was moved by Council _ Member Vasquez, seconded_ by Council Member Ashton and
unanimously carried, with Council Member Brossmer abstaining from Item No. 10, to approve the
remainder of the Consent Calendar.
4. APPROVED MINUTES: Special Meeting of June 9, 2015: City Clerk.
5. WARRANTS ISSUED: Warrant Nos. 294769 — 295165; Wire Nos. 30003333 — 30003338; Manual
Wire Nos. 1346 — 1347, in the total amount of $3,302,484.24: Finance.
6. CASH CONTRACT NO. CC 686A - GROUNDWATER WELL NOS. 27 AND 28: AUTHORIZED
THE ABATEMENT AND DEMOLITION OF A VACANT PROPERTY AT THE UTILITIES YARD AT
9252 STEWART AND GRAY ROAD FOR NEW WELL NO. 28: Public Works.
City Council Minutes
Regular Meeting — June 23, 2015 5
7. APPROVED ONE YEAR EXTENSION TO THE EXISTING AGREEMENT WITH COMPLETE
LANDSCAPE CARE, INC., FOR CITYWIDE LANDSCAPE MAINTENANCE SERVICES
THROUGH JUNE 30, 2016; AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT IN A
FORM APPROVED BY THE CITY ATTORNEY; AND, AUTHORIZED THE CITY MANAGER TO
EXECUTE FUTURE CONTRACT AMENDMENTS AND EXTENSIONS IN A FORM ACCEPTABLE
BY THE CITY ATTORNEY: Public Works.
8. APPROVED AMENDMENT NO. 1 TO THE MUNICIPAL LEASE PURCHASE AGREEMENT NO.
100 - 1111896 -001 BETWEEN THE CITY OF DOWNEY AND BANK OF THE WEST DATED MAY
12, 2015: Finance.
9. APPROVED A ONE YEAR EXTENSION TO THE EXISTING AGREEMENT WITH KJ SERVICES
ENVIRONMENTAL CONSULTING TO IMPLEMENT THE CITY OF DOWNEY'S USED OIL
RECYCLING PROGRAM SERVICES THROUGH JUNE 30, 2016; AUTHORIZED THE MAYOR
TO EXECUTE THE AGREEMENT IN A FORM APPROVED BY THE CITY ATTORNEY; AND
AUTHORIZED THE CITY MANAGER TO EXECUTE FUTURE CONTRACT AMENDMENTS AND
EXTENSIONS IN A FORM ACCEPTABLE BY THE CITY ATTORNEY: Public Works.
10. AUTHORIZED THE CITY MANAGER TO APPROVE AN AGREEMENT BETWEEN THE CITY OF
DOWNEY AND THE DOWNEY UNIFIED SCHOOL DISTRICT FOR SCHOOL RESOURCE
OFFICER SERVICES FOR THE POLICE ON CAMPUS PROGRAM: Police.
11. APPROVED TWO PROFESSIONAL SERVICES AGREEMENTS TO PROVIDE FINANCIAL,
REAL ESTATE AND ECONOMIC CONSULTING SERVICES FOR AN AMOUNT NOT TO
EXCEED $50,000 WITH TIERRA WEST ADVISORS INC., AND AN AMOUNT NOT TO EXCEED
$50,000 WITH ROSENOW SPEVACEK GROUP: Community Development.
12. APPROVED THE MEMORANDUM OF UNDERSTANDING (MOU) WITH AMIGOS DE LOS RIOS
FOR THE DONATION AND PLANTING OF TREES BY AMIGOS DE LOS RIOS AT TREASURE-
ISLAND PARK;_ AUTHORIZED THE MAYOR TO EXECUTE THE MOU IN A FORM APPROVED
BY THE CITY ATTORNEY; AND AUTHORIZED CITY MANAGER TO EXECUTE ANY
AMENDMENTS OR ADDITIONAL SCOPE OF WORK, DEEMED NECESSARY: Public Works.
13. APPROVED AGREEMENT WITH PROCORE TECHNOLOGIES, INC. FOR CAPITAL
IMPROVEMENT CONSTRUCTION MANAGEMENT SOFTWARE; AUTHORIZED THE MAYOR
TO EXECUTE THE AGREEMENT IN A FORM APPROVED BY THE CITY ATTORNEY; AND,-
AUTHORIZED CITY MANAGER TO EXECUTE ANY AMENDMENTS DEEMED NECESSARY IN
A FORM APPROVED BY THE CITY ATTORNEY: Public Works.
14. APPROVED A LICENSE AGREEMENT WITH EBSCO PUBLISHING FOR EBSCO DATABASES
AND SERVICES FOR THE LIBRARY: Administration.
15. APPROVED THE LIBRARY CATALOG SOFTWARE SUBSCRIPTION AND HOSTING
SERVICES AGREEMENT: Administration.
16. AUTHORIZED THE MAYOR TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT
WITH FOUR CONTRACTORS: ARTNET, ATSNET, DESIREE BUSINESS MANAGEMENT, AND
STRATEGIC I.T. STAFFING TO PROVIDE INFORMATION TECHNOLOGY SUPPORT AND
MAINTENANCE FOR CITYWIDE COMPUTER AND NETWORK SERVICES, INCLUDING, BUT
NOT LIMITED TO: CITY HALL, PARKS, LIBRARY, COLUMBIA MEMORIAL SPACE CENTER,
POLICE, FIRE DEPARTMENT AND THE JPCC DISPATCH OPERATION CENTER: Finance.
City Council Minutes
Regular Meeting — June 23, 2015 6
20. ADOPTED RESOLUTION NO. 15 -7572, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE
ENVIRONMENTAL ENHANCEMENT AND MITIGATION (EEM) GRANT PROGRAM: Public
Works.
22. ADOPTED ORDINANCE NO. 15- 1340, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DOWNEY AMENDING ARTICLE VII, CHAPTER 3.5, OF THE DOWNEY MUNICIPAL CODE
AS IT RELATES TO WATER CONSERVATION REGULATIONS AND RESTRICTIONS: Public
Works.
21. INTRODUCED ORDINANCE NO. 15- 1 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY APPROVING A LEASE AGREEMENT AND MEMORANDUM OF LEASE
AGREEMENT WITH NEW CINGULAR WIRELESS FOR CELL TOWER SITE AT DISCOVERY
PARK: Community Development.
Mayor Pro Tern Saab said there was a`concernabout the proximity of the equipment storage box to
the soccer fields and to the area where spectators /fans gather. Council Member Brossmer said he
recalled the equipment storage box being moved east and north due to this concern.
Director Schindler provided the presentation for this item. He explained Option No. 3, which was
discussed back in March 2014, is not feasible because the telecommunication waves interfere with the
tower and Kaiser. The option being brought before Council tonight is for the replacement of up to two
existing Musco Sports Field Lights that bear cellular antennas. The light pole replacement_ location is
outside the right -field fence of the eastern_ ball field, with a potential future light pole to be located
outside the center -field fence of the same softball field; and construction of one _adjacent equipment
room to the light pole outside the right -field fence of the eastern ball field which includes an adjoining
storage area for the City's parks and recreation equipment and two (2) drinking fountains. He explained
staff barricaded the proposed location to see if there would be an obstruction for the playing field or
spectators. Spectators sit between two and eight feet back from the soccer field and the proposed
structure will sit fifteen feet back from the soccer field. He said they communicated with the soccer and
flag football leagues and they did not see any obstruction on the proposed location of the structure.
City Council Minutes
Regular Meeting — June 23, 2015 7
Mayor Pro Tern Saab asked if there was anywhere else on the field that was not so intrusive.
Director Schindler said they did not see any locations on the south side. The soccer field side line is
only five feet from the landscape curb. He said in discussions with AT &T they are willing to move it
northeast approximately five feet but the challenge is the building cannot be too far away from the
tower. Mayor Pro Tern Saab asked what the building will look like. Director Schindler said it will look
similar to the existing building which serves as the restroom and concession stand.
Council Member Brossmer asked if the reason why there cannot be a regulation field at the park is
due to the width of the existing light poles or the cement protruding out. Director Schindler said the
cement protrudes out. Council Member Brossmer said it is a poor design and the field does not meet
the width of a regulation field and it cannot be used for games. He hopes that with the replacement of
the light pole it is moved back and in the future they can come up with a solution to move the other light
poles in order to be able to use the field for games. Mayor Pro Tern Saab asked staff to look into the
cost of making the soccer field regulation size. Council Member Brossmer said it is part of the City's
Park Master Plan. Director Schindler said the AT &T representatives do not see any issues with moving
the light pole back. Council Member Brossmer said they would like to have the building as far northeast
as possible.
It was moved by Council Member Brossmer, seconded by Council Member Ashton, and
approved 4 -0 =1, with Council Member Vasquez abstaining, to introduce an ordinance of the City
Council of the City of Downey approving a lease agreement and memorandum of lease agreement with
New Cingular Wireless for a cell tower site at Discovery Park with the following two amendments: No.
1, move the light pole which will be replaced as far north as possible; and No. 2, change the orientation
of the proposed building and move it as far northeast as possible.
ADMINISTRATIVE REPORTS
23. CONSIDERED REVIEWING AND AMENDING THE REQUIREMENTS FOR OFF -SITE PARKING
FACILITIES FOR DOWNTOWN: Community Development.
Council Member Vasquez abstained from this item and left the dais.
David Blumenthal, Senior Planner, provided the staff report for this item. He advised off -site
parking is currently regulated by the Downey Municipal Code Section 9726 which allows for the use of
off -site parking facilities with Planning Commission approval of a Conditional Use Permit. The current
conditions of approval are that the off -site parking facility is not at a distance exceeding 660 feet; the
agreement is recorded on the property title, and held in perpetuity of the site providing the additional
parking spaces; and, the parking needs of both sites are not compromised. Additional requirements are
set forth in Section 5.4.2. of the Downtown Downey Specific Plan (DDSP) which allows for Downtown
Parking Credits as follows: All or a portion of the off - street parking required for non- residential uses
may be waived by the City Planner if the following findings are made: the owner or occupant of the
property agrees to pay to the City an amount, to be determined by the City Council, for each parking
space to be waived; the development of parking on the property for which the waiver is sought for off -
street parking would preclude the development or use of the such property; and, granting the waiver to
allow the use is necessary to achieve the goals of the Specific Plan. Mr. Blumenthal said 15 cities were
contacted regarding off -site shared parking and 14 cities responded. 13 of the 14 cities allow off - site
shared parking; 12 of 13 cities that allow off -site shared parking require an agreement, covenant
easement and /or other document; and, 8 of the 12 cities that require a document require it to be
recorded. The remaining 4 determine if recordation is necessary on a case -by -case basis and /or
require proof of an agreement between the property owners to be provided without recordation. 1 of the
13 cities that allowed shared parking does not require any type or document /proof to the City.
City Council Minutes
Regular Meeting — June 23, 2015 8
Mayor Pro Tern Saab asked what the purpose of the covenant is. Mr. Blumenthal said it is to
make the covenant enforceable and to notice the City.
Mr. Blumenthal concluded by saying if an amendment is considered some of the options would
be: Expanding the off- street parking facility distance from the subject site from 660 feet (1/8 mile) to
1,320 (1/4 mile); remove the requirement of recording the off -site parking facility agreement between
the two parties, but require a business or owner /operator to purchase parking credits upon the
dissolution of an off -site parking agreement; and, amendments to off - street parking facilities restricted
to the Downtown Specific Plan area. The suggested changes would require an amendment to the
DDSP.
Council Member Brossmer asked who is proposing the amendments. Mr. Blumenthal said they
are recommendations for Council to consider and depending on Council's direction staff will look at
details and return through the public hearing process for the amendments. Mayor Marquez said he
requested recommendations and asked staff why off -site parking facility agreements need to be
recorded on title and what solutions staff could provide if agreements are not recorded on title. Also he
asked for staff's recommendation on how to help trigger a notice to the City if there is a change in
ownership of a business.
Mayor Pro Tern Saab said recording has been a hindering and it becomes difficult for an
existing business to enter into an agreement with another party because most property owners are
concerned when something is recorded or there is a lien against their property.
City Manager Livas explained why these considerations are being brought before Council He
said not all businesses in the downtown have sufficient parking which is why the parking credits were
implemented. If businesses are going to engage to have a remote parking area for customers and it is
not recorded and the business leaves, then it becomes a non - conforming property use and it would not
be able to be enforced because the City would not know about it. One of the solutions staff is
recommending is if a business has an agreement and does not record it then a clause needs to be in
that agreement or on the Conditional Use Permit to require the business to report on an annual basis to
the City or provide annually a copy of the agreement to ensure it is enforced and if the business is not
complying they will have to buy the parking credits. The parking will have to be provided either by the
parking credits or the agreement.
Council Member Brossmer asked why the parking credits would not be used as the only option
if the method is already in place and customers can use the parking_ structure while the City receives
funding through the credits. Mayor Marquez said the parking credits can continue to be used but the
only thing that would change would be to include the recording of the shared parking in the specific
plan. Council Member Brossmer said this would make it easier for businesses not to use the parking
credits. Mayor Pro Tern Saab said this alternative would be if the parking structure is maxed out of
spaces. Mayor Marquez said the idea is to have both options in place and explained the agreement will
be included in the Conditional Use Permit in order to trigger the parking credits should the business be
sold and they choose not to honor the agreement in place. He said it is only an alternative as the
downtown continues to grow and the parking credits may fill up the parking structure. Mayor Pro Tern
Saab asked how the number changed from 660 feet to 1320 feet. Mr. Blumenthal explained 1320 feet
is a quarter of a mile and it is a reasonable five- minute walk. Council Member Ashton asked how many
businesses currently have an agreement on record for shared parking. Mr. Blumenthal said the City is
not aware of any agreements within the downtown area but city -wide the Planning Commission has
approved about half a dozen. Council Member Ashton asked what the benefit is for expanding the
distance from the 660 feet to 1320 feet. Mr. Blumenthal said it gives a larger range to find additional
parking within the downtown. Mayor Marquez said he agrees with staff's recommendations.
City Council Minutes
Regular Meeting — June 23, 2015 9
Council Member Ashton asked how the City would know if there is a change in ownership.
Council Member Brossmer said if it happens during the year it would go unchecked until next year and
the parking credits will go unpaid. City Manager Livas explained under the conditions of approval one of
the requirements would be to require the business to provide a copy of their signed agreement on an
annual basis or at the time the agreement is terminated and a business would be required to pay
retroactively for the parking credits if they are temporarily closed when losing a tenant and return to
open again during the year. Council Member Brossmer said it is difficult to police conditions of approval
because there is no way to enforce this and said he is concerned unless staff can tell him there is a
way of enforcing it.
Mayor Marquez opened this item for Public Comment.
Emory Sippos, business owner, asked how this will affect him as a business owner. Council
Member Brossmer said it will give business owners more choices, either to pay the parking credits or
enter into an agreement with another business such as the Greek Church for parking credits.
Council Member Brossmer said the only businesses that can benefit from this would be those
that have above ration parking and there are not too many within the proposed quarter -mile.
It was moved by Mayor Marquez, seconded by Council Member Ashton, and approved "4 -0 -1,
with Council Member Vasquez abstaining, to direct staff to consider the amendments.
Council Member Vasquez returned to the dais.
City Manager Livas thanked Shannon Delong for the great success with the Downey City
Library, "Book Your Summer" kick -off event held last Monday. He said 700 people were in attendance.
He thanked the City Council and staff for a balanced budget and said he appreciates staff's hard work
not just at the Department Head level but throughout the organization. He said everyone is doing an
incredible job with limited resources and the City continues to place the residents first.
Mayor Marquez acknowledged Shannon Delong and Parks and Recreation for the great
marketing for the, "Book Your Summer" event.
City Manager Livas announced the City received an award for the preparation of the
Comprehensive Annual Financial Report (CAFR) and acknowledged Finance Director Gandhy for the
accomplishment.
At 8:47 p.m. Mayor Marquez adjourned the Regular City Council Meeting in memory of the
serviceman and servicewoman who perished this past week during Operation Enduring Freedom:
Soldier Monterrious T. Daniel, 19, of Griffin, Georgia; and, Soldier Krissie K. Davis, 54, of Talladega,
City Council Minutes
Regular Meeting — June 23, 2015 10
LUIS H. MARQUE Z, ay