HomeMy WebLinkAboutMinutes 11-24-15 Regular MeetingMINUTES OF
COUNCIL CITY OF OF i
NOVEMBER REGULAR MEETING
1
The City Council of the City of Downey held a Regular City Council Meeting on November 24,
2015, at 6:36 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue,
Downey, California, Mayor Marquez presiding. Mayor Marquez paused fora moment of silence in
honor of Downey Police Officer Ricardo Galvez.
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 (Arrived at 6:38 p.m.)
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
Sonya Meacham, Recreation Manager
Aldo Schindler, Community Development Director
Anil Gandhy, Finance Director
Alicia Duarte, Deputy City Clerk
The Invocation was delivered by Pastor Don Metcalf, Desert Reign Church. The flag Salute
was led by Blanca Rochin, Soroptimist International of Downey.
COUNCIL ANNOUNCEMENTS, REQUESTS FOR FUTURE AGENDA ITEMS,
CO ►' ► i "'•
Council Member Ashton commented on the recent Downey Police Department incident
involving Officer Galvez and reminded the audience to allow themselves to grieve but not live in fear.
He reported attending the California Contract Cities Conference and reported on the session he
attended about preparing for El Nino. He reminded the audience information is available on the City's
website and said the City's Fire Department and the County are prepared for the storm. He advised the
audience to call 211 for non- emergency services or visit the Los Angeles County website for more
information.
Council Member Brossmer concurred with the Mayor's comments in regards to Officer Galvez
and said his thoughts and prayers are with the Galvez family and the first responders.
Council Member Vasquez welcomed the audience to the meeting. He reported attending a
Water Sustainability Conference. He commented on the upcoming funeral services for Officer Galvez
and the outpour of support from the community. He commented on the professionalism of the Police
Department personnel. He assured the public the Police Chief is working hard in ensuring that type of
behavior will not be tolerated in the City of Downey.
City Council Minutes
Regular Meeting — November 24, 2015 1
Mayor Pro Tern Saab recognized members of the audience Karina Madariaga, Downey
Chamber of Commerce; Blanca'Rochin, Parks and Recreation Commissioner; Sue England, President,
and Jose Hernandez, Board Member, Rose Float Association. He commented on the dedication and
completion of the Firestone Bridge and thanked all those involved in the project in particular Public
Works staff. He commented on his participation in the Teen Court program, which allows peers to judge
and sentence other peers in high school for actions without placing them in the penal system and
allowing them the opportunity to correct themselves. He mentioned upcoming events: Blood Drive in
support of Jerimiah Succar, 24 Hour Fitness and Cinemark Theatre Ribbon Cutting at the Promenade.
He congratulated St. John Bosco for obtaining the #1 ranking in football in the country. He commented
on the recent tragedy, the loss of Officer Galvez. He thanked the Police Department men and women
who have gone through a lot this week. He commented on the outpour of support from the community
and other agencies throughout the Southland and the country. He thanked everyone who has come out
to share the City's grief and said Officer Ricky Galvez will not be forgotten and we will continue to
support all those men and women who risk their lives to protect others. He asked everyone to continue
to be vigilant and supportive.
Mayor Marquez thanked everyone in the community and throughout the country for the support
and well wishes for the Police Department, City, and residents. He commented on the unity of the
community. He concurred with his colleagues comments and said they will continue to be in support of
the Downey Fire and Police Departments. He reported attending the Firestone Bridge Ribbon Cutting
and thanked the residents for their patience during the construction of the bridge and road. He
commented on the collaborative efforts between the Cities of Downey and Norwalk. He reported
attending a Transportation Summit with ECOI Rapid and the Gateway Cities Council of Governements
to discuss transportation needs. He announced the Tree Lighting Ceremony.
PRESENTATIONS
1. Mayor Marquez presented the Mayor's Courage Award to Jerimiah Succar.
2. Mayor Marquez and City Council presented City Pins to the Downey Rose Float Association Court
for 2016.
3. Mayor Marquez and City Council presented a Proclamation to Soroptomist International of Downey
in Recognition of Domestic Violence Month.
PUBLIC HEARINGS:
1. REVIEW OF AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF A VARIANCE
REQUEST TO RETAIN A LEGAL NONCONFORMING SECOND DRIVEWAY AND APPROACH
ON A SINGLE - FAMILY LOT ON PROPERTY LOCATED AT 8622 FONTANA STREET:
Community Development
ADOPT RESOLUTION NO. 15- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DOWNEY DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY
PLN -15- 00161, REGARDING A REQUEST TO RETAIN A LEGAL NONCONFORMING SECOND
DRIVEWAY AND APPROACH ON A SINGLE- FAMILY LOT ON PROPERTY LOCATED AT 8622
FONTANA STREET AND ZONED R -1 (SINGLE- FAMILY RESIDENTIAL).
Mayor Marquez announced the - public hearing item would be pulled from the agenda at the
request of the appellant and rescheduled to a future date.
It was moved by Council Member Ashton, seconded by Council Member Vasquez, and
approved unanimously to move the public hearing to afuture date.
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Regular Meeting — November 24, 2015 2
Resident, no name, commented on incident involving Officer Galvez, his claim against the
City, the American Disability Act and the repair of streets and sidewalks.
Jim Grosse, commented on his concern with the area of Channey Ave. and Via Amorita having
no sidewalk and issues with city trees.
Mr. Gabriel, resident, commented on his concern for public safety in the community.
City Manager Livas stated the City has placed 67% of its funding towards law enforcement and
said crime has decreased in the past five years compared to surrounding cities. He assured Mr. Gabriel
Public Safety is the City's priority and they are in the process of searching for funding to hire additional
police officers. He encouraged the speaker to contact the Police Department and form a neighborhood
watch group in area.
Council Member Vasquez requested the Police Chief elaborate on AB109.
Chief Charles_ explained AB109 is an unfunded mandate which allows suspects arrested for
robberies to be set free without doing any jail time. He recommended writing to government officials to
request repealing AB109. He encouraged participation in the Neighborhood Watch program.
Art Gonzalez, resident, commented on his concern _ of suspicious individuals in his
neighborhood, the library parking, the construction on Lakewood Blvd. between Gallatin and Telegraph,
and the public hearing item. He suggested the new Mayor find a way to assist police and firemen to
move to the City and become residents.
Michael Chirco, resident, commented in support of the Downey Police Department and being
responsible.
Resident, no name, thanked the City Council for establishing the memorial for fallen officer and
thanked the City and Galvez family for allowing the public to attend services.
John Lacey, resident, stated he and his family are deeply saddened by the incident involving
Officer Galvez. He _acknowledged Officer Galvez's service to the community and the country. He
thanked the police officers for all they do to protect the community. He thanked and acknowledged the
officer who followed the suspects and apprehended them.
CONSENT CALENDAR
Council Member Vasquez announced he would abstain from Item No. 6, due to a financial
conflict. Mayor Pro Tern Saab pulled Item No. 11.
Resident, no name, commented on Item No. 6, requesting a similar project in his area.
It was moved by Council Member Brossmer, seconded by Mayor Pro Tern Saab, and carried
unanimously to approve the remainder of the Consent Calendar.
2. APPROVED MINUTES: Special Meeting of June 1, 2015; Regular and Special Meetings of
November 10, 2015: City Clerk.
3. WARRANTS ISSUED: Warrant Nos. 298960 - 299329; Wire Nos. 30003393 and 30003395
30003398; Manual Wire Nos. 1384 -1388, in the total amount of $2,170,908.28: Finance,
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Regular Meeting — November 24, 2015 3
4. APPROVED THE ALLOCATION OF $61,732.15 FROM THE CITY'S EQUIPMENT FUND FOR
THE PURPOSE FOR REPLACING TRICK 611'S AUTOMOBILE EXTRICATION EQUIPMENT:
Fire.
5. CAPITAL IMPROVEMENT PROJECT NO. 16 -12 - RIO HONDO GOLF COURSE DRIVING
RANGE AUDIOVISUAL IMPROVEMENT PROJECT: APPROVED THE PLANS AND
SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS: Public Works.
6. CAPITAL IMPROVEMENT PROJECT NO. 15 -16 DOWNTOWN STREET LIGHTING
IMPROVEMENT PROJECT: AUTHORIZED IMPLEMENTATION OF DOWNTOWN STREET
LIGHTING ENERGY EFFICIENCY IMPROVEMENTS; AUTHORIZED THE PROCUREMENT AND
INSTALLATION OF CITY- FURNISHED MATERIALS; AND, AUTHORIZED THE PUBLIC WORKS
DIRECTOR TO PROCURE CONTRACTING SERVICES AND TO EXECUTE ANY CHANGE
ORDERS OR ADDITIONAL SCOPE OF WORK: Public Works.
7. ADOPTED RESOLUTION NO. 15 -7602, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY AUTHORIZING THE APPLICATION FOR COMPETITIVE FUNDS FROM THE LOS
ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR FOURTH
SUPERVISORIAL DISTRICT EXCESS FUNDING FOR APOLLO AND INDEPENDENCE PARKS
AND APPROVING THE ADOPTION OF A YOUTH EMPLOYMENT PLAN: Administration
8. INITIATED AN AMENDMENT TO THE TEXT OF SECTION 9318 OF THE DOWNEY MUNICIPAL
CODE TO ALLOW COMMERCIAL RECREATION USES IN MANUFACTURING ZONES:
Community Development.
9. INTRODUCED ORDINANCE NO. 15- AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY AMENDING MUNICIPAL CODE SECTION 4130 SUBSECTIONS (A)
AND (C) REGULATING HOTELS, LODGING AND ROOMING HOUSE GUEST REGISTERS: City
Attorney,
10. ADOPTED ORDINANCE NO. 15 -1347, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE, ARTICLE IX, TO ESTABLISH
MINIMUM STANDARDS FOR THE INSTALLATION OF SYNTHETIC TURF: Community
Development.
12. AUTHORIZED A- STREET CLOSURE AT THE INTERSECTION OF CIVIC CENTER DRIVE AND
3RD STREET FOR THE CITY OF DOWNEY'S TREE LIGHTING CEREMONY ON MONDAY,
DECEMBER 7, 2015: Administration.
13. APPROVED THE ADDITION OF BUILDING OFFICIAL POSITION TO THE FISCAL YEAR 2015
16 BUDGET AND ADDED THE POSITION TO THE TABLE OF ORGANIZATON FOR THE
COMMUNITY DEVELOPMENT DEPARTMENT: Human Resources.
OTHER BUSINESS:
11. DISBANDED THE EMERGENCY PREPARDNESS COMMITTEE: Fire
Mayor Pro Tern Saab asked for an explanation on the recommendation to disband the
Emergency Preparedness Committee. Fire Chief Gillaspie explained there is an issue with reaching a
quorum for the Emergency Preparedness Committee and the Committee was formed during a time
when there was no full -time Emergency Preparedness Manager in the City. He stated Emergency
Preparedness Manager Andrew Stevens will be forming a group of community members who are
interested in participating in order to have community involvement on an as- needed basis.
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Regular Meeting — November 24, 2015 4
It was moved by Mayor Pro Tern Saab, seconded by Council Member Vasquez, and
unanimously approved to disband the Emergency Preparedness Committee.
ADMINISTRATIVE REPORTS
14. RECEIVED AND FILED THE PRESENTATION ON THE GATEWAY CITIES STRATEGIC
TRANSPORTATION PLAN (STP) BY YVETTE KIRRIN, CONSULTING ENGINEER FOR THE
GATEWAY CITIES COUNCIL OF GOVERNMENTS (COG): Public Works.
Yvette Kirrin and Chris Hedden of the Gateway Cities Council of Governments provided a
presentation on the Gateway Cities Strategic Transportation Plan. The purpose of the Gateway Cities
Strategic Transportation Plan is to develop a comprehensive multimodal transportation strategy for the
Gateway Cities sub region. Multiple elements in the sub region's transportation network were studied
and analyzed, including freeways, arterial roadways and intersections, active transportation routes
(bicycle and pedestrian projects), transit service and park -and ride locations, and storm water
treatment. The Strategic Transportation Plan identified improvement that will have regional impacts and
developed project recommendation and, in some cases, preliminary design plans. The plan also
matches projects with current and potential funding sources and proposes new financing mechanisms
for cities to fund their infrastructure improvements. In addition to project - specific information and plans
for projects within their boundaries, cities also have access to traffic and air quality models developed
through the STP that can be used for local planning efforts. STP for individual cities tools to make local
improvements and the opportunity to be part of t a larger coalition with a unified plan ready for
implementation. It can be used by cities and Gateway Cities COG to pursue grant funding for
infrastructure improvements.
Resident, no name, commented on the Gateway Cities Strategic Transportation Plan funding.
It was moved by Mayor Pro Tern Saab, seconded by Council Member Ashton and unanimously
carried to receive and file the presentation on the Gateway Cities Strategic Transportation Plan.
15. APPOINTED A MEMBER OF THE CITY COUNCIL TO THE GREATER LOS ANGELES COUNTY
VECTOR CONTROL DISTRICT; AND, ADOPTED RESOLUTION NO. 15- 7603. A RESOLUTION
OF THE CITY COUNCIL_ OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF
COUNCIL MEMBER ROGER BROSSMER TO THE BOARD OF TRUSTEES OF THE GREATER
LOS ANGELES COUNTY VECTOR CONTROL DISTRICT: Administration.
City Manager Livas stated the Council would need to determine who would be appointed to the
Board of Trustees of the Los Angeles County Vector Control District.
Council Member Brossmer commented on the importance of staying involved with the Vector
Control due the growth of the West Nile Virus in the area. He suggested keeping an elected official on
the Board. Mayor Pro Tern Saab suggested having Council Member Brossmer continue as the Board
Member for the City due to his experience and background.
It was moved by Mayor Pro Tern Saab, seconded by Council Member Vasquez and approved=
4 -0 -1, with Council Member Brossmer abstaining, to adopt the resolution and approve the appointment
of Council Member Roger Brossmer to the Board of Trustees of the Greater Los Angeles County Vector
Control District.
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Regular Meeting — November 24, 2015 5
16. DISCUSSED AND PROVIDED DIRECTION REGARDING THE GREEN TASK FORCE:
Administration.
This item was presented by Juddy Montenegro, Management Analyst. Ms. Montenegro
commented on the Green Task Force's lack of quorum which does not allow the Task Force to conduct
the meeting. She suggested _reducing the number of members or changing the frequency of the
meeting.
Council Member Brossmer suggested moving the committee under the direction of the Public
Works Department. Ms. Montenegro stated they had asked for input from the committee on the time but
there were no issue brought up, however, there is no quorum at the meetings. Mayor Pro Tern Saab
asked how many vacancies the committee has. Ms. Montenegro replied there are two vacancies for
about two months. Mayor Pro Tern Saab asked if they could change the number of attendees required
at a meeting. City Attorney Abich Garcia stated the committee is a Brown Act body and is subject to the
same quorum requirements as the Council because it was created by the City Council. Council Member
Vasquez asked Assistant City Manager Oskoui for his feedback on moving the Green Task Force
Committee under Public Works. Mr. Oskoui stated some of the functions of the committee fall under
Community Development but the majority under Public Works. He suggested separating the tasks
between the two departments. Mayor Pro Tern Saab expressed his concern with placing the committee
under the purview of Public Works and said he would prefer changing the number of members to five
and revisiting the issue again in one year.
Ricardo Perez, Green Task Force Chairman, said he agrees with Ms. Montenegro's
assessment in reducing the number of members to five.
Council Member Vasquez asked if the committee members have to live in the district. City Clerk
Jimenez stated the members are at- large.
City Attorney "Abich Garcia stated this change requires an Ordinance amendment. Once the
Ordinance is amended Council can reappoint members.
Council Member Ashton asked for an attendance report of committee members.
It was moved by Council Member Brossmer, seconded by Mayor Pro Tern Saab, and approved
unanimously, to return and amend the Ordinance of the Green Task Force to five members.
This item was presented by Director Schindler. In December 2014, staff received direction from
Council to pursue a hotel development for the city -owned site located at 9066 Firestone Boulevard and
in February 2015, staff issued a Request for Proposal soliciting development proposals. Kamla Hotels
provided the best detailed information and offered a SpringHill Suites by Marriott. In August 2015,
Council approved staff's recommendation to enter into an Exclusive Negotiating Agreement with Kamla
Hotels and staff has concluded negotiation on the Purchase and Sale Agreement between the City and
Kamla Hotels who has formed a Limited Liability Corporation to purchase and develop the site, by the
name of Downey Hospitality LLC. The site's appraised value and sale price is $2,525,000. The
Purchase and Sale Agreement details the cost of the land, escrow, title responsibilities and hotel type.
The parties are agreeing to a hotel owned and operated under the SpringHill Suites by Marriott major
flag brand, or other similar brand approved by the City. The Purchase and Sale Agreement elements
are as follows: Feasibility Period — mirrors the City's Development Entitlement Process; Downey
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Regular Meeting — November 24, 2015 6
Hospitality, LLC will finance all construction improvement on the site and for payment of all building,
planning and other fees; and, approval of the development entitlements must be obtained from the
Planning Commission prior to the close of escrow.
Council Member Ashton asked how long it will be before they actually start development.
Director Schindler said it will be about ten months. Council Member Vasquez asked what the
anticipated price point is. Director Schindler said it will most likely be comparable to the room rates at
the Embassy Suites, about $195 on weeknights and up to $300 per night on weekends.
Mayor Pro Tem Saab asked if any brand deviation would come back to the Council for
consideration. Director Schindler said it will come before Council.
Resident, no name, commented in favor of the item.
Mayor Pro Tem Saab commented on the effort to bring this project forward.
It was moved by Council Member Ashton, seconded by Mayor Pro Tem Saab, and approved
unanimously to adopt the resolution approving a Purchase and Sale Agreement between Downey
Hospitality, LLC and the City Of Downey for property located at 9066 Firestone Boulevard; and,
authorized the City Manager to execute the final agreement and any other documents and agreements
necessary to complete the sale transaction.
18. APPOINTED THE MAYOR AND MAYOR PRO TEM FOR 2016: City Clerk.
It was moved by Council Member Brossmer, seconded by Council Member Vasquez, and
approved 4 -0 -1, with Mayor Pro Tem Saab abstaining to appoint Mayor Pro Tem Saab as Mayor.
It was moved Council Member Brossmer, seconded by Council Member Ashton, and approved
4 -0 -1, with Council Member Vasquez abstaining, to appoint Council Member Vasquez as Mayor Pro
Tem.
City Manager Livas thanked the employees, Chief Charles and the Police Department staff for
coming together during the unfortunate situation with Officer Galvez. He announced City Hall will be
closed on Monday, November 30, to allow employees to attend funeral services for Officer Galvez.
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Regular Meeting — November 24, 2015 7