HomeMy WebLinkAboutMinutes 09-08-15 Regular MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
SEPTEMBER 8, 2015'
The City Council of the City of Downey held a Regular City Council Meeting on September 8,
2015, at 6:30 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
Ed Norris, Deputy Director of Public Works
Arlene Salazar, Parks & Recreation Director
Aldo Schindler, Community Development Director
Anil Gandhy, Finance Director
Alicia Duarte, Deputy City Clerk
The Invocation was delivered by Pastor Flossie Carter, Love, Peace & Happiness Family
Christian Fellowship Church. The Flag Salute was led by Jose Hernandez, Downey Rose Float
Association Board Member.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE /MEETING REPORTS
Council Member Brossmer asked staff to return with an agenda item to discuss what
preparation the City will take for El Nino.
Council Member Vasquez reported attending a Neighborhood Watch meeting in the Wilderness
Park area. He asked Police Chief Charles to follow up regarding patrolling at Wilderness Park during
open hours due to concerns from residents. He congratulated Mayor Pro Tern Saab for a successful
Town Hall meeting and encouraged residents to be involved in the Democratic process and attend City
Council meetings. He reported attending the Stay Healthy Downey meeting and said the group will be
presenting the Strategic Plan soon. He announced the Firestone Boulevard bridge project is close to
completion and should be finished by the end of the month. He asked staff to follow up on how to
implement the Bicycle Master Plan. He acknowledged Mario Trujillo of the Los Angeles County District
Attorney's Office in the audience.
Council Member Ashton welcomed the audience to the Council meeting. He reported attending
the Water Conservation Symposium where methods and available rebates were discussed. He
attended the Southern California Association of Governments meeting as the District 25 Representative
for Downey and South Gate and said they are currently working on the Regional Transportation Plan,
finding ways to receive transportation funding to get local roads repaired. He also reported attending
Mayor Pro Tern Saab's Town Hall meeting and congratulated him. He announced the upcoming
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Regular Meeting — September 08, 2015 1
International Food Festival, the Keep Downey Beautiful event at Rio San Gabriel, and the International
Observe the Moon Night event at the Columbia Space Center. He reminded the audience of his Town
Hall at the end of the month at the Barbara J. Riley Center. He asked staff to have Code Enforcement
survey trash receptacles in Downey to ensure compliance and help alleviate food sources for coyotes.
Mayor Pro Tern Saab welcomed everyone to the Council meeting and thanked those who
attended his Town Hall meeting as well as the City staff who assisted with the event. He welcomed the
Police Officers and Firemen in the audience. He announced upcoming events: Gangs Out of Downey
Golf Tournament at the Rio Hondo Golf Course; the annual Blue Mass at Our Lady of Perpetual Help;
the Rio San Gabriel Park playground dedication; and, the Prescription Take Back event at City Hall. He
commented on the discussions and petition being circulated in regards to the Wal -Mart coming to the
Promenade and clarified the City does not own the development property and it is not City Council's
decision but the developers to decide whether a Wal -Mart is brought to the Promenade. Personally he
said he would not like a Wal -Mart at the location but it is zoned for a retail store as such and legally the
City Council cannot do anything. He requested staff provide the City Council with information of
implementing a policy or ordinance which will allow the research of certain properties which may have
historical significance before issuing demolition permits. He requested an update on the downtown
power box program and he asked if there were plans on moving forward.
Council Member Brossmer stated the next batch was approved and the funds available have
been expended. Director Schindler explained they have been working with the Downtown
Subcommittee on the designs. Mayor Pro Tern Saab asked if that batch was from last year's budget.
Director Schindler said it is from the current year's budget and there is an existing balance; however,
they have not received any direction as to any new design or location. He reminded the Council about
the secondary program called "Adopt a Box" and said they have received inquiries from four social
services agencies that are going through the process of identifying locations and art design for boxes.
Council Member Brossmer said they will identify locations for two more boxes at the next Downtown
Subcommittee meeting.
Mayor Marquez welcomed everyone to the Council meeting. He encouraged the audience to
attend the upcoming International Food Festival. He commented on the various street improvement
projects which have been completed and those that are still ongoing. He is excited for the completion of
Firestone Boulevard project and asked the residents to be patient with the construction going on in the
various intersections and said it is being done to beautify and fix the streets for the residents. He
introduced Annie Nidzieko, Executive Director of Muscular_ Dystrophy Association, and Brian Ply,
Downey Fire Fighter and Fill the Boot Coordinator. Brian Ply announced the Fire Department will be
having their fundraiser on September 26th at the intersection of Lakewood and Firestone Boulevards.
Ms. Nidzieko thanked the Council for allowing them to attend the meeting. She commented on the
events held at Rancho Los Amigos and the support groups available for families who have family
members with muscular dystrophy. She invited everyone to join them in their effort. Mayor Marquez
thanked the fire fighters for their work in the community.
PRESENTATIONS
The Mayor and Council, with the assistance of Director Salazar, presented a Certificate of
Recognition to Kaiser Permanente Downey Medical Center in appreciation for their support during
the City's 2015 Special Olympics World Games Host Town Program.
2. The Mayor and Council, with the assistance of Director Salazar, presented a Certificate of
Recognition to Presbyterian Intercommunity Hospital in appreciation for support during the City's
2015 Special Olympics World Games Host Town Program.
3. The Mayor and Council, with the assistance of Director Salazar presented a Certificate of
Recognition to HARP California in appreciation for their support during the City's 2015 Special
Olympics World Games Host Town Program.
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Regular Meeting — September 08, 2015 2
4. Council Member Ashton presented a Certificate of Appointment to Kimberly Hayes for her
appointment to the Library Advisory Board for District 2.
5. City Attorney Abich Garcia introduced and welcomed new Municipal Law Clerk Melissa Schreiner.
Ms. Schreiner is a second year law student from Chapman Law School.
Mayor Marquez moved Presentation Items Nos. 6 and 7 out of order to the end of the Council
meeting.
6. City Tile Presentation to Abner Mares, World Champion Professional Boxer and Downey Resident.
7. City Tile Presentation to Angel Del Villar, Founder of Del Records based in Downey..
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Chair Marquez recessed the City Council meeting and opened the Community Development
Commission Housing Successor meeting at 7:14 p.m. The City Council meeting reconvened at 7:15
p.m.
NON - AGENDA PUBLIC COMMENT
Gail Courtney, Executive Director of the Downey Chamber of Commerce, provided an update
on the Chamber's activities: ribbon cutting events at Care for Life Hospice and at Embassy Suites.
Upcoming ribbon cutting and events at Keller Williams, Nutrishop, and La Tierra Mia; Let's Do Lunch
event at Narai Thai Restaurant; City Affairs Meeting and Mixer at Farmers & Merchants Bank; and, Golf
Tournament at Rio Hondo Golf Course.
Tony Tinijero, resident, urged the City to bring back the Citizens Police Academy; suggested the
City is in need of at least four skate parks; shared a concern regarding the stop sign at the southwest
corner of 2nd Street and Downey Ave.; and invited everyone to attend the breakfast buffet at First
Baptist Church of Downey every Sunday morning.
CONSENT CALENDAR
Mayor Pro Tern Saab pulled Item No. 11 and abstained from Item Nos. 10 and 12, due to -a
conflict of interest, based on a 500 ft. proximity to his home and personal business. Council Member
Vasquez abstained from Item No. 12, due to a 500 ft. proximity to his home, and Item Nos. 5, 9, and 14,
due to a financial conflict. Mayor Marquez and Council Member Brossmer abstained from Item No. 2.
It was moved by Council Member' Vasquez, seconded by Council Member Brossmer, and
carried unanimously to approve the remainder of the Consent Calendar.
2. APPROVED MINUTES: Special Meeting of August 25, 2015: City Clerk.
3. WARRANTS ISSUED: Warrant Nos. 296782 297098 Wire Nos. 30003361 30003365;
Manual Wire Nos. 1368 —1370, in the total amount of $3,059,119.54: Finance.
4. AUTHORIZED THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO AN AGREEMENT
WITH BEST, BEST AND KRIEGER, LLP TO CONTINUE TO PROVIDE ASSISTANCE WITH THE
COMPLETION OF AGREEMENTS TO SUPPORT ECONOMIC DEVELOPMENT INCENTIVES
FOR FUTURE AND CURRENT BUSINESSES: Community Development.
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Regular Meeting — September 08, 2015 3
5. AUTHORIZED THE CITY MANAGER TO EXECUTE AMENDMENT NO 1 TO AN AGREEMENT
WITH NEW CITY AMERICA, INC., FOR PROFESSIONAL SERVICES IN WORKING WITH
DOWNTOWN DOWNEY PROPERTY OWNERS AND CITY STAFF TO DETERMINE THE
FEASIBILITY OF FORMING A PROPERTY ASSESSMENT DISTRICT; AND, APPROVED A
LEGAL SERVICES AGREEMENT FOR THE LAW OFFICES OF- COLANTUONO, HIGHSMITH
AND WHATLEY, PC, TO ASSIST THE CITY WITH THE ENABLING ORDINANCE, COMMUNITY
BENEFIT DISTRICT PLAN, BALLOTING PROCESS AND FORMATION HEARING: Community
Development.
6. APPROVED AN AGREEMENT WITH RISK MANAGEMENT PROFESSIONALS, INC. (RMP) TO
ASSIST IN THE DEVELOPMENT OF THE CITY OF DOWNEY LOCAL HAZARD MITIGATION
PLAN: Fire.
7. AUTHORIZED THE POLICE DEPARTMENT TO ENTER INTO A ONE -YEAR AGREEMENT WITH
MOTOROLA SOLUTIONS TO PROVIDE MAINTENANCE AND REPAIR ON ALL POLICE
DEPARTMENT RADIOS AND RADIO INFRASTRUCTURE: Police.
8. AUTHORIZED STAFF ENTER INTO AN AGREEMENT WITH SACRAMENTO
METROPOLITAN FIRE DISTRICT FOR ADMINISTRATIVE COSTS RECOVERY THROUGH THE
GROUND EMERGENCY MEDICAL TRANSPORTATION SERVICE (GEMT)PROGRAM: Fire.
9. CASH CONTRACT NO. S.S. 488E - FIRESTONE BLVD IMPROVEMENT PROJECT
(LANDSCAPE AND IRRIGATION IMPROVEMENTS) (OLD RIVER SCHOOL RD — BROOKSHIRE
AVE): ACCEPTED AS COMPLETE; APPROVED THE FINAL CONSTRUCTION CONTRACT
AMOUNT OF $582,465.54; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR TO FILE THE
NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER'S OFFICE: Public
Works.
10. CASH CONTRACT NO. 590B - PARAMOUNT BLVD. FIBEROPTIC COMMUNICTION SYSTEM
PROJECT— PHASE 2 _(LUBEC ST. — GARDENDALE ST): ACCEPTED PROJECT AS
COMPLETE; APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF
$1,008,255.08; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR TO FILE THE NOTICE
OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER'S OFFICE: Public Works.
12. CAPITAL IMPROVEMENT PROJECT NO. 15 -11 - SLURRY SEAL PROJECT AREA "A ":
ACCEPTED THE PROJECT AS COMPLETE; APPROVED THE FINAL CONSTRUCTION
CONTRACT AMOUNT OF $242,447.04; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR
TO FILE THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER'S
OFFICE: Public Works.
13. ADOPTED RESOLUTION NO. 15- 7590, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING A RESTATED AND AMENDED LOAN AGREEMENT BETWEEN
THE CITY OF DOWNEY AND THE DOWNEY SUCCESSOR AGENCY: Community Development.
14. ADOPTED ORDINANCE NO. 15- 1345, AN ORDINANCE OF THE- CITY - COUNCIL OF THE CITY
OF DOWNEY AMENDING SECTION 5.4.2 OF THE DOWNTOWN DOWNEY SPECIFIC PLAN TO
ALLOW OFF -SITE PARKING: Community Development.
15. GRANTED AN INGRESS /EGRESS AND UTILITY EASEMENT TO SOUTHERN CALIFORNIA
EDISON COMPANY, AND AUTHORIZED THE CITY MANAGER TO EXECUTE THE EASEMENT
DOCUMENT: Community Development.
16. GRANTED AN AND UTILITY EASEMENT TO PCCP IRG DOWNEY, LLC
AND IRG DOWNEY, LLC AND AUTHORIZED THE CITY MANAGER TO EXECUTE THE
EASEMENT DOCUMENT: Community Development.
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Regular Meeting — September 08, 2015 4
11. CAPITAL IMPROVEMENT PROJECT NO. 14 -05 - FIRESTONE BLVD IMPROVEMENT
Mayor Pro Tern Saab asked the Public Works staff if there are any clauses in the contract that
specify the time of construction in order to alleviate traffic congestion during the daytime traffic hours.
Deputy Director of Public Works Norris stated there are provisions in the contract to allow the contractor
to perform work at night which can expedite the project completion and this will be determined once
they hold a pre- construction meeting with the contractor and obtain a work schedule. Mayor Pro Tern
Saab asked when notices will be given to businesses and residents in the area. Mr. Norris said the
contractor will be required to issue notices at least a week prior to construction. Mayor Pro Tern Saab
asked when the project is scheduled for completion. Mr. Norris said the project is scheduled for
completion January 2016. Mayor Pro Tern Saab said he would prefer the work be done during the night
hours. City Manager Livas said they will meet with the contractor to discuss working during the night
hours as well as providing a two weeks notice to businesses and residents being affected.
It was moved by Mayor Pro Tern Saab, seconded by Council Member Ashton and approved
unanimously to approve Capital Improvement Project No. 14 -05 - Firestone Blvd Improvement Project
from Lakewood Blvd to the east City limit: Awarding Construction Contract in the amount of $2,327,000,
to All American Asphalt and authorized the procurement and installation of City- furnished site
furnishings; and, authorized the Public Works Director to execute any change orders or additional
scope of work for this project deemed necessary or desirable up to the approved project budget.
ADMINISTRATIVE REPORT
Council Member Vasquez recussed himself from Item No. 17 and left the dais due to financial
conflict.
Director Schindler provided the staff report for this item. This item is to approve a purchase and
sale agreement with Olson Urban Housing, LLC for the City owned property at 8132 -34 3rd Street for
$700,000. The property is less than half -an -acre (20,895 sq. ft.) and serves as a public parking lot with
64 spaces. The property has been owned by the City since 1972. Olson has entered into escrow to
purchase the property on the southwest corner of La Reina Avenue and 3`d Street. Neither site is large
enough to be developed individually. The goal is to sell the property to Olson and allow them to
combine the properties and develop a for sale market -rate residential community_ consistent with the
Downtown Downey Specific Plan. The purchase price of the site is $700,000 which includes a non-
refundable deposit of $20,000. The City will have a Right of First Refusal to purchase back the
combined parcels if Olson should choose to sell the land after close of escrow, allowing the City to
approve the buyer. If Olson does not commence construction within 36 months after the close of
escrow the City may purchase back the two sites for Olson's cost to purchase. Olson shall allow public
parking at the site until the commencement of construction.
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Regular Meeting — September 08, 2015 5
Ms. Dee, resident,; asked what will happen to the small white houses on the corner of La Reina
and 3rd Street. City Manager Livas explained the homes sit on private property and is a transaction
between the developer and the property owner.
Council Member Brossmer commented in favor of the purchase and sale agreement and said
that is a blighted area in the community and he is very excited about the development. He commended
staff for their work and thanked the Olson Company. Mayor Marquez concurred with Council Member
Brossmer's comments.
Council Member Ashton asked how many homes will be in the development. Director Schindler
said between 30 to 34 units per early discussions with Olson, but it is too soon to know because they
need to go through the City's comprehensive entitlement process and the Design Review Committee.
He said they will continue to update Council and the Downtown Subcommittee. Council Member Ashton
said he wants to ensure that sufficient amount of parking is provided on -site.
It was moved by Council Member Brossmer, seconded by Council Member Ashton and
approved 3 -0 -2, with Mayor Pro Tem Saab and Council Member Vasquez abstaining to authorize the
City Manager to execute a purchase and sale agreement with Olson Urban Housing, LLC for the city
owned property at 813234 3rd Street for $700,000, and adopt Resolution No. 15 -7591, a Resolution of
the City of Downey approving a purchase and sale agreement between Olson Urban Housing, LLC and
the City of Downey for property located at 8132 -34 3rd Street, Downey.,
RECESS /RECONVENE
Mayor Marquez recessed the City Council meeting at 7:37 p.m. and reconvened at 8:08 p.m.:
with all Council Members present.
Mayor Marquez re- opened Non-Agenda Public Comment at 8:08 p.m.
Irene Barrios, resident, commented in opposition of the opening of a Wal -Mart at the
Promenade.
Cameron McNeil, resident, commented in opposition of the opening of a Wal -Mart at the
Promenade.
PRESENTATIONS (continued)
6. The Mayor and Council presented a City the plaque to Abner Mares, World Champion Professional
Boxer and Downey Resident.
7. The Mayor and Council presented `a City tile plaque to Angel Del Villar, Founder of Del Records
based in Downey.
STAFF MEMBER COMMENTS: City Manager Livas had no comments.
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