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HomeMy WebLinkAboutMinutes 10-13-15 Regular MeetingMINUTES OF COUNCIL CITY OF OF DOWNEY REGULAR MEETING OCTOBER The City Council of the City of Downey held a Regular City Council Meeting on October 13, 2015, at 6:39 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 Students of St. Mark's School. The Flag Salute was led by Mother Sharon Sheffield, St. Mark's School. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE /MEETING REPORTS Council Member Ashton thanked the audience for attending the meeting. He reported participating in the Keep Downey Beautiful Clean -Up event and announced the next event scheduled in November. He announced the upcoming Ride and Rock event in support of Veterans and invited everyone to participate. Council Member Vasquez welcomed the audience to the meeting. He reported attending the CareMore First Annual Health Walk and participating as a guest speaker at a Health Care Conference regarding Medicare. He acknowledged Mariana Pacheco and Blanco Pacheco of the Kiwanis Club in the audience. He thanked and welcomed the new Downey Youth Commissioners. Council Member Brossmer acknowledged Tod Corrin, Downey School District Board Member in the audience. He invited the audience to attend the YMCA Pancake Breakfast and thanked staff for a nice event at the Rio Hondo Event Center to name the main ballroom after former Mayor Robert Winningham. He directed staff to return with a report to discuss plaques at the locations being named after a certain individual to identify who the individual is or was. He directed staff to begin working on a ballot measure to ban fireworks. City Council Minutes Regular Meeting — October 93, 2015 Mayor Pro Tern Saab acknowledged Roy Beard, Emergency Preparedness Committee; Jose Hernandez, Rose Float Association Board Member; Jonathan Fonti, Downey Association of Realtors, whom were in the audience. He reported attending the Walk to School Day event at Rio San Gabriel Elementary and the Charles Phoenix event at the Columbia Memorial Space Center. He commented on the success of the Columbia Memorial Space Center. He thanked the Youth Commissioners for their leadership and serving the community and welcomed the incoming Commissioners._ He commented on a lack of fire alarms at the Historical Society Building and asked staff to assist them with this issue. He directed staff to research grant funding for training police officers on how to identify and work with the homeless. Mayor Marquez welcomed everyone to the Council meeting. He reported attending the California _League of Cities Conference and reported attending a session regarding recreational marijuana and city enforcement if approved by voters next year. He invited the audience to attend the upcoming Mayor's Community Forum. He thanked John Yang, Representative for Caltrans District 7, for attending the meeting to discuss the closure of the 1-5 Freeway to repair damage to the bridge over Slauson Avenue. John Yang, Representative for Caltrans District 7, commented on the closure of the 1 -5 Freeway to repair damaged caused by a fire to the Rio Hondo Bridge in July. He provided information on detour alternatives for drivers during the times of the closures and stated affected residents have been notified. PRESENTATIONS 1;; The Mayor and Council presented Certificates of Appointment to the 2015 -2016 Downey Youth Commissioners. 2 The Mayor and Council presented a Proclamation in Recognition of National Fire Prevention Week, October 4 -10, 2015 to Fire Chief Mark Gillaspie. RECESS /RECONVENE Mayor Marquez recessed the City Council meeting at 7:19 p.m. Mayor Marquez reconvened the City Council Meeting at 7:30 p.m. PUBLIC HEARINGS 1 OPERATING COVENANT - AGREEMENT FOR NEW DOWNEY NISSAN DEVELOPMENT: Community Development. APPROVED AND AUTHORIZED THE MAYOR TO EXECUTE AN OWNER COVENANT AGREEMENT WITH DOWNEY IMPORT CARS, INC. (DBA, DOWNEY NISSAN), AND APPROPRIATE $1,250,000 FROM THE GENERAL FUND FOR THE DEVELOPMENT OF A NEW DOWNEY NISSAN DEALERSHIP AT 7321 FIRESTONE BOULEVARD. Mayor Marquez opened the Public Hearing at 7:31 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Council Member Vasquez, seconded by Mayor Pro Tern Saab and so ordered by the Mayor to receive and file. City Clerk Jimenez noted there was no correspondence received. The staff report was provided by Aldo Schindler, Director of Community Development. Downey Nissan approached staff with a proposal to relocate their dealership from their current location at 7559 Firestone Boulevard to 7321 Firestone Boulevard. The decision for the move was due to a need for a larger facility and requirement from Nissan Corporation to modernize the - dealership and achieve corporate design standards. Downey Nissan has been in operation in the City for over eight years. It City Council Minutes Regular Meeting — October 13, 2015 2 seeks to expand and renovate its operation for a permanent full- service automobile sales dealership and service facility. The new location is approximately 6.52 acres. The 'operation of a new dealership in the City will result in new jobs, increased sales tax revenue and the elimination of vacant underutilized site. The project was presented and approved by the City's Planning Commission in September 2015. Downey Nissan and the City are proposing to enter into an Operating Covenant Agreement and tax revenue sharing arrangement as part of the City's Economic Development Program. The Agreement entails loaning Downey Nissan $1,250,000, from the General Fund Reserve, over a twelve year term at an interest rate of 4.25% per annum, simple interest, commencing at the time of the disbursement of the loan proceeds. The current facility located at 7559 Firestone_ Boulevard will be held as security against the City loan by a deed of trust. The City will receive 100% of the sales tax generated for sales up to $400,000, which is the amount of sales tax collected last year from Downey Nissan. For each operating year during which sales tax revenue from the new dealership exceeds $400,000, up to $670,000, -50% of such sales tax revenue shall be credited against the Loan as a payment to the City. For each operating year during which sales tax revenue from the new dealership exceeds $670,000, 30% of such sales tax revenue over $670,000, _shall be credited against the loan as payment to the City, in addition to the 50% share of sales tax generated between $400,000 and $670,000. Based upon the agreement, it is estimated that the City will receive an additional $9 million dollars during the twelve years of the agreement. In addition, Downey Nissan will be required to maintain not less than thirty -five new full -time equivalent employment positions from and during the start of third operating year through the end of the operating period. The City is also proposing to apply for a $1,000,000 Section 108 Loan through the Community Development Block Grant Program offered by HUD to assist Mr. Hutcherson with operational costs and promote job creation. The City anticipates submitting the application to HUD by end of November and staff will seek approval from City Council. Mayon Pro Ter Saab asked when the Section 108 Loan will be coming before Council for consideration. Director Schindler anticipates the second meeting in November. Council Member Ashton asked for clarification on the loan structure. City Manager Livas explained the City would rebate the sales tax now and get a larger share in the future. In terms of sales tax, he described an automobile dealership business generating the amount of seven Kohl's Department stores. He stated the City had done the same for the Chrysler and Fiat dealerships in the past and it increased the City's revenue. Mayor Marquez opened this item for Public Comment at7:51 "p.m. Mr. Hutchinson, Downey Nissan, thanked City staff for working with him to come up with the loan option. He stated seeking the assistance of Nissan prior to coming to the City but the loan he was assisted with is not sufficient. Resident, no name, commented against the promissory note to Downey Nissan. Having no one else come forward, it was moved by Council Member Brossmer, seconded by Council Member Vasquez and so ordered by the Mayor to close the Public Hearing. Council Member Brossmer, thanked staff for their creativity and thanked Mr. Hutchinson for keeping his dealership in Downey. Council Member Vasquez thanked City staff and City Manager Livas for the hours spent working with the consultants on this project. He commented on the loss of sales tax from the dealerships that closed down during the recession. Mayor Pro Tern Saab thanked City staff for their work. He thanked Mr. Hutchinson for investing in the community and being a good business partner. He stated this was a smart investment for the community and secured money over the next several years. He commented on the impact to the City when dealerships closed down. City Council Minutes Regular Meeting — October 13, 2015 3 Mayor Marquez agreed with his Council colleagues and said it is a smart investment and he is comfortable and confident with the date and numbers provided. He thanked Mr. Hutchinson for his involvement and investment in the community. It was moved by Mayor Pro Tern Saab, seconded by Council Member Vasquez, and approved 4 -1 -0, with Council Member Ashton voting no, to approve and authorize the Mayor to execute an owner covenant agreement with Downey Import Cars, Inc. (DBA, Downey Nissan), and appropriate $1,250,000 from the General Fund for the Development of a new Downey Nissan Dealership at 7321 Firestone Blvd. 2. RESIDENTIAL PREFERENTIAL PARKING DISTRICT ON THE EAST AND WEST SIDES OF SHELLYFIELD ROAD BETWEEN CECILIA STREET AND MULLER STREET AND THE NORTH SIDE OF CECILIA STREET BETWEEN APPROXIMATELY 183 FEET WEST OF THE SHELLYFIELD ROAD CENTERLINE AND CHANEY AVENUE: Public Works. Mayor Marquez opened the Public Hearing at 8:08 p.m. City Clerk Jimenez affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tern Marquez, seconded by Council Member Ashton and so ordered by the Mayor to receive and file. City Clerk Jimenez noted there was no correspondence received. Deputy Public Works Director Ed Norris provided the staff report for the item. In August 2015 the City received _a petition from the occupants of the properties on the 10600 -10700 block of Shellyfield Road, east and west side, between Cecilia Street and Muller Street and the 9000 block of Cecilia Street, north side, requesting a parking prohibition between the hours of 2`.00 a.m. and 6 :00 a.m., every day, including Saturdays, Sundays, and holidays, and the establishment of a preferential parking district. The petition was signed by 33 out of 36 total residences, or 92 %, with 32 in favor of the proposal. Given that not all of the property occupants are also owners, - on September 1, 2015,_ letters were sent out to 18 property owners who do not currently occupy said properties in order to verify they are in support of the proposal The letters included a provision that if a response was not received by September 10, 2015, it would be assumed that the property owner has no objection to the proposed district. Responses were received from three of the 18 property owners; two in- favor, one opposed. The Police Department conducted a License plate survey within the proposed preferential parking district area on February 11, 2015 at 3:00 a.m. The results showed 54 of the 66 parking spaces were occupied at the time the survey was conducted and 43 of those 54 were vehicles registered to non - residents of the proposed residential district boundaries. Based on a review of the criteria established by Ordinance No. 11 -12894 and the data, staff has verified that the minimum criteria and necessary level of support by the residents have been met and that the proposed boundaries of the preferential parking_ district constitute a reasonably self - contained area. Staff recommends the establishment of a residential permit parking district and the implementation of the overnight parking prohibition between 2:00 a.m. -6:00 p.m. Provided that the City Council approves the establishment of the preferential parking district and at least 50% of residents apply for the parking permits within 60 days of the passage of the Resolution, signs establishing the overnight parking prohibition, with an exemption for permitted vehicles, will be posted. City Council Minutes Regular Meeting — October 13, 2015 4 Mayor Pro Tern Saab asked if the preferential parking permits would be limited to residents that live in the identified district only. Mr. Norris responded yes, no other person can obtain a permit. Council Member Brossmer asked if the overnight parking would be limited only to those with permits. Mr. Norris said only those vehicles displaying the preferential parking permit would be exempt from the overnight parking restriction. Council Member Brossmer asked if it has been identified where the overflow parked cars are coming from. Mr. Norris stated the vehicles were registered in several California counties. Council Member Brossmer expressed his concern of shifting the problem to other streets in the area. Mayor Pro Tern Saab asked if staff reached out to the apartment complexes in the area. Mr. Norris stated they met with the management of both apartment facilities on Lakewood Boulevard and it was suggested to distribute letters to their tenants to encourage parking at the apartment sites. Council Member Vasquez stated this issue was discussed during Neighborhood Watch meetings. Oscar Checa, resident, commented in favor of the proposed preferential parking district. Margie Guttierez commented on the parking situation on Shellyfield and - is concerned of an overflow to Clancey. Virginia Carbajal, resident, commented on her concern of an overflow to Muller Street if the ordinance is approved. She requested her street be included in the preferential parking district. Clancey Avenue Resident, no name provided, commented on her concern with visibility issues of vehicles turning from Cecilia onto Lakewood Blvd. She asked Council to adopt the resolution. Gail, Clancey Avenue resident, commented on her concern with visibility issues of vehicles turning from Cecilia onto Lakewood Blvd. She asked if there was an overnight parking restriction already in place for Downey. Chief Charles clarified overnight parking restrictions cannot be enforced if signs are not posted throughout the City; and, they are not. Resident, no name, commented on parking laws and parking issues in his neighborhood. He suggested educating the landlords of the apartment complexes. Marcy, Shellyfield Road resident, asked Council to adopt the resolution: Greg Earhart, resident, commented in support of the preferential parking district. Art, resident, commented in support of the preferential parking district. Carlos Dorado, resident, commented in support of the preferential parking district. He commented on visibility issues due to a bush on the corner of Cecilia and Shellyfield Rd. Alvina Dorado, resident, commented in support of the preferential parking district. She suggested starting the parking restrictions at an earlier time. Having no one else come forward, Mayor Marquez closed the Public Hearing at 8:50 p.m. Mayor Marquez asked Fire Chief Gillaspie if there are any issues with first response vehicles coming in and out of Shellyfield. Fire Chief Gillaspie stated there is a 20 feet clearance and there are no issues or complaints at this time. Mayor Pro Tern Saab asked the City Attorney if Council can return to review this item in a few months should the resolution be adopted tonight. City Attorney Abich Garcia stated Council can adopt the resolution tonight and identify a time when they will review the item and receive an update from staff. City Council Minutes Regular Meeting — October 13, 2015 5 Director Mostahkami stated once the resolution is adopted the property - owners /tenants will need to apply for a parking permit that will be valid for one year. City Attorney Abich Garcia clarified Council would only be receiving an update on how the preferential project is working. Mayor Pro Tern Saab asked if staff knows how many residents will apply for the parking permits. Director Mostahkami stated they must meet certain eligibility criteria to apply for the permit. Council Member Brossmer expressed his concern for the overflow and how it will affect the residents on other streets, but said he will support the item. Council Member Ashton expressed his support for the district. Mayor Pro Tern Saab asked if there will be a warning period. Chief Charles stated they will follow Council's direction. Council Member Brossmer said warnings were issued the first month when this was implemented in the Downtown area. Mayor Marquez stated this type of parking situation exists throughout the City. He would like staff to look into a plan to address this situation on a long term basis. He stated he is in support of adopting the resolution on a trial period. It was moved by Council Member Vasquez, seconded by Council Member Ashton, and approved unanimously, to adopt Resolution No. 15 -7592, establishing a residential preferential parking district on the east and west sides of Shellyfield Road between Cecilia Street and Muller Street and the north side of Cecilia Street between approximately 183 feet west of the Shellyfield Road centerline and Chaney Avenue. The City Council requested staff provide an update 90 days from the date of implementation. NON - AGENDA PUBLIC COMMENT Gail Courtney, Chamber of Commerce, provided an update on Chamber of Commerce activities including ribbon cutting events for new businesses and upcoming meetings. Resident,- no name, commented on sidewalk and street improvements, tree trimming and restroom repair at Golden Park and the American Disability Act. Roy Beard, resident, stated the current CERT class is graduating this week. He thanked the Fire Department personnel who taught the class and prepared the residents for emergency preparedness. He mentioned the Red Cross has fire detector program and he hopes they will be able to install smoke detectors for residents in Downey. He reminded everyone of the free flu shot clinic being held at the Downey Theatre. CONSENT CALENDAR Mayor Marquez abstained from Item No. 5 due to the proximity to his residence; Mayor Pro Tern Saab and Council Member Brossmer abstained from Item No. 7 due to proximity to their residence; and, Mayor Pro Tern Saab abstained from Item No. 10 due his wife's employment with YMCA. Council Member Vasquez pulled Item No. 6 for discussion. It was moved by Council Member Ashton, seconded by Council Member Vasquez, and carried unanimously to approve the remainder of the Consent Calendar. Resident, no name provided, commented in support of Items Nos. 14 and 15, and thanked Council for allowing the Park N' Ride for Veterans event. In regards to Item No. 7 he asked Council to allocate additional funding to address any unforeseen work for the street rehabilitation project. City Council Minutes Regular Meeting — October 13; 2015 6 3. APPROVED MINUTES: Regular Meetings of June 23, 2015 and August 25, 2015: City Clerk. 4. WARRANTS ISSUED: Warrant Nos. 297525— 298171; Wire Nos. 30003372 - 30003382; Manual' Wire Nos. 1374 — 1379, in the total amount of $4,519,717.97: Finance. IMPROVEMENTS 5. CASH CONTRACT NO. 692/693 - COLUMBIA WAY/13ROOKSHIRE AVE. WAT:- • r THE COLUMBIA -•• IMPROVEMENTS SYSTEM • JECT AS COMPLETED AND APPROVED THE FINA CONSTRUCTION CONTRACT • OF . • • al -IN • r t- r •` r • ire's _ v • r 1 :1.-jzvG1'-jvA :1.— G1'— 1111 h 9 rel A MWOMU:901 MVIT161 - • City Council Minutes Regular Meeting — October 13, 2015 7 14. AUTHORIZED STREET CLOSURES AT THE THREE INTERSECTIONS FOR THE CITY OF DOWNEY'S ROCK -N -RIDE FOR VETERANS BIKE RIDE AND FESTIVAL SCHEDULED FOR SATURDAY, NOVEMBER 7, 2015: Parks & Recreation. 15. AUTHORIZED A STREET CLOSURE AT THE INTERSECTION OF BROOKSHIRE AVENUE AND 2ND STREET FOR THE CITY OF DOWNEY'S 3RD ANNUAL DIA DE LOS MUERTOS ART FESTIVAL SCHEDULED FOR SUNDAY, NOVEMBER 1, 2015: Parks & Recreation. 16. APPROVED THE DONATION OF A FOURSOME OF GOLF AT THE RIO RONDO GOLF COURSE IN SUPPORT OF THE SAINT SOPHIA CAMP FUNDRAISER: Mayor Pro Tern Saab. OTHER BUSINESS: 6. CAPITAL IMPROVEMENT PROJECT NO. 14 -03 - FIRESTONE BOULEVARD WATER SYSTEM IMPROVEMENT PROJECT (LAKEWOOD BOULEVARD TO EAST CITY LIMITS): ACCEPTED THE PROJECT AS COMPLETE, APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $1,606,111.28; AND AUTHORIZED THE PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER'S OFFICE: Public Works. Council Member Vasquez asked what the construction timeframe is. Director Mostahkami stated they anticipate hiring a Construction Manager this month and beginning work in November, paving sometime during the month of March 2016. He confirmed the construction would not affect any traffic and shopping during the holiday season. It was moved by Council Member Vasquez, seconded by Mayor Pro Tern Saab and approved unanimously to accept Capital Improvement Project No. 14 -03 - Firestone Boulevard Water System Improvement Project (Lakewood Boulevard To East City Limits) as Complete, approve the final construction contract amount of $1,606,111.28; and authorize the Public Works Director to file the Notice of Completion with the Los Angeles County Recorder's Office. ADMINISTRATIVE REPORT 17. DOWNTOWN COMMUNITY BENEFIT DISTRICT ENABLING ORDINANCE: Community Development. INTRODUCED AND APPROVED ORDINANCE NO. 15- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY FOR FIRST READING, A COMMUNITY BENEFITS DISTRICT ENABLING ORDINANCE, ADDING A_ NEW CHAPTER 14 TO ARTICLE II OF THE DOWNEY MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF A COMMUNITY BENEFIT DISTRICT IN DOWNTOWN DOWNEY. Council Member Vasquez recused himself from Item No. 17 due to financial conflicts and left the dais. The staff report for this item was presented by New City America Consultant, Marco Li Mandri. The City's Community Benefit District Consultant and City staff have been conducting outreach and working with the Downtown property owners to determine the feasibility of forming a property assessment district. Staff has mailed various correspondence soliciting feedback from the Downtown property owners and has formed a Steering Committee to discuss the feasibility of forming a property assessment district. The Steering Committee has met four times_ throughout the spring and summer of 2015, and discussed the proposed district boundaries, functions and costs. The next step in proceeding with the establishment of a Community Benefit District is approval of the Community Benefit District enabling ordinance. The Ordinance establishes a process to follow in forming a Community Benefit District. It describes authority, duration, renewal, and if necessary, the disestablishment of the City Council Minutes Regular Meeting — October 13, 2015 8 Community Benefit District. The enabling Ordinance allows staff to formally continue the process and proceed with the preparation of State required legal documents, including State Proposition 218 ballots, with an ultimate vote scheduled for the January, 2016 Council meeting. Upon approval of the ordinance staff will reconvene the steering committee and proceed with the required work. Mr. Li Mandri provided an update - on the survey totals and discussed the top questions answered in the surveys and provided information of the Community Benefit District Management Plan which consists of an annual budget of $274,310 and the following methodology: 1) Can't use assessed valuation; 2) Use property variables common to each parcel, linear frontage, lot size, building square footage; 3) No parcels are exempt under state law if they will not derive benefit; and, 4) Only alteration is tax- exempt buildings will not pay building square footage assessments. The budget distribution is divided into sidewalk operations, district identity, administration and contingency. The assessment rates are linear frontage: $8.16; building square footage $0.05; and, lot square footage $0.03, with a suggested term of 15 years. He discussed the next steps necessary to establish the Community Benefit District which are: Adopt new Community Benefit District enabling ordinance to provide the City with a tool to create a long term district; complete Management District Plan; initiate petition drive endorsing the plan services, frequency, term and assessments to fund the special benefit services. Need 30% of the weighted property owners to endorse plan; once threshold of petitions have been met, submit to City to initiate process for public hearing.; adopt "Resolution of Intent" by City Council along with Management Plan and Engineer's report; ballots mailed out by the City Clerk to all affected property owners. Property owners have at least 45 days to return their ballots; public hearing held, ballots counted in support exceed the returned ballots in opposition; the City Council may adopt a "Resolution of Formation" and vote to impose the assessments on the benefitting parcels to fund the proposed special benefits. The City may elect to do a partial year billing to cover the second half of 2016. Billings go out in May and would be due by June 30th. Property owners incorporate into a new non- profit management corporation enter into a contract with the City to administer the new Community Benefit District and services commence in July 2016. City Council held a discussion in regards to excluding the church from being assessed. Mr. Li Mandri explained under State law the church is a tax - exempt building and will not pay building square footage assessment which will reduce assessment fee by 30% to 35% but they will still derive benefit from linear frontage. Council Member Ashton asked how this discussion for the Community Benefit District came about. City Manager Livas- explained discussion and idea came up about four years ago when the Downtown Specific Plan was approved and the City began to see more spending in public safety and other resources to maintain the Downtown area. Council Member Ashton -asked if businesses in the Downtown will be forced to participate if the district is approved if they do not want to. Mr. Li Mandri explained the business owner will be required to participate and it is unknown if the business owners will pass along the property assessment to the tenant. Danny Posada, Senior Pastor, First Baptist Church of Downey, commented in opposition of the enabling ordinance for the Community Benefit District. He mentioned the church already provides maintenance and grants usage of the parking lot for City events and driving access on Dolan Avenue. Resident, no name, spoke in opposition of the Community Benefit District Enabling Ordinance and said the small businesses cannot afford the assessment fees. Deacon at First Baptist Church of Downey said he is in opposition of the enabling ordinance and is unclear as to where the assessment fees will go to. He stated the church cannot afford the assessment. Mario Sanchez, First Baptist Church of Downey, commented in opposition of the enabling ordinance for the Community Benefit District and said the church will not benefit from the creation of the District. City Council Minutes Regular Meeting — October 13, 2015 9 It was moved by Council Member Brossmer, seconded by Council Member Ashton and so ordered by the Mayor, to close the public hearing at 9:54 p.m. Council Member Brossmer asked for clarification on the assessment amount for the First Baptist Church of Downey. Mr. Li Mandri sated the annual assessment fee for the church would be $13,000. Council Member Brossmer talked about the financial strain to the City to maintain the Downtown area and said the City will not be able to continue doing so without the Special Benefit District based on how fast the Downtown area is growing. Mayor Pro Tern Saab mentioned his concern about not establishing a different assessment amount or modifications for the church or any non - profit. Mr. Li Mandri clarified tonight Council is only addressing an enabling ordinance and not the actual plan. He discussed legal requirements that must be met when creating the benefit district. City Manager Livas said they will take Council comments tonight and work with the attorney and consultant in drafting something that will address their concerns and provide options. City Attorney Abich Garcia reiterated tonight Council is only addressing the enabling ordinance and whether Council decides to move forward or not will be a future discussion. Mr. Li Mandri stated Council may adopt the ordinance and never create the district. It was moved by Council Member Brossmer, seconded by Mayor Pro Tern Saab, and approved 4 -0 -1, with Council Member Vasquez abstaining, to introduce an ordinance of the City Council of the City of Downey, a Community Benefits District Enabling Ordinance, adding a new Chapter 14 to Article II of the Downey Municipal Code relating to the establishment of a Community Benefit District in Downtown Downey. STAFF MEMBER COMMENTS City Manager Livas thanked Director Schindler for his work with the New Downey Nissan Development. /_1 Balei ►IT7,l iii l i Mayor Marquez adjourned the City Council meeting at 10:07 p.m. in memory of the servicemen who perished during Operation Inherent Resolve and Operation Freedom Sentinel: Specialist Kyle E. Gilbert, 24, of Buford, Georgia; Seaman Philip Frazier Manes, 21, of Fairfax, Virginia; Capt. Jonathan J. Golden, 33, of Camarillo, California; Capt. Jordan B. Pierson, 28, of Abilene, Texas; Staff Sgt. Ryan D. Hammond, 26, of Moundsville, West Virginia; Senior Airman Quinn L. Johnson - Harris, 21, of Milwaukee, Wisconsin; Senior Airman Nathan C. Sartain, 29, of Pensacola, Florida; Airman 1st Class Kcey E. Ruiz, 21, of McDonough, Georgia. Also In Memory of the victims of the mass shooting at Umpqua Community College in Roseburg, Oregon: Lucero Alcaraz, 19; Treven Taylor Anspach, 20; Rebecka Ann Carnes, 18; Quinn Glen Cooper, 18; Kim Saltmarsh Dietz, 59; Lucas Eibel, 18; Justin Dale Johnson, 34; Sarena Moore, 44; and, in Memory of long -time Downey resident Maria Sullivan. dac ADRIA M. JIMENE CMC City Clerk - City Council Minutes Regular Meeting — October 13, 2015 ALEX SAAB, Mayor 10