HomeMy WebLinkAboutMinutes 01-12-16 Regular MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JANUARY 12, 2016
The City Council of the City of Downey held a Regular City Council Meeting on January 12,
2016, at 6:30 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue,
Downey, California, Mayor Saab presiding.
PRESENT., Council Members.
Alex Saab Mayor
Fernando Vasquez Mayor Pro Tern
Sean Ashton Council Member
Roger C. Brossmer Council Member (arrived at 7:13 p.m.)
Luis Marquez Council Member
ALSO PRESENT: Gilbert Livas, City Manager
Yvette M. Abich Garcia, City Attorney
Adria M. Jimenez, CMG, 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 Mayor Saab. The Flag Salute was led by Kimberly Barnette,
Los Angeles Homeless Services Authority.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE /MEETING REPORTS
Council Member Ashton wished everyone a Happy New Year. He reported on attending the
Southern California Association of Governments Economic Summit and provided information about
jobs statistics and unemployment rates. He announced an upcoming community information meeting to
discuss the Ride & Stride event. He asked staff to provide Council with information on the cost of
memorializing the parking space of fallen Officer Galvez. City Manager Livas stated he is currently
working with the Police Chief on that matter.
Council Member Marquez welcomed the audience to the meeting. He commented on the grand
openings of new businesses at The Promenade and the construction taking place to improve City
streets.
Mayor Pro Tern Vasquez welcomed Mayor Saab to his first meeting. He asked staff to include
the Galvez Family and the Police Officers' Association in the discussions for memorializing the site. He
commented on the street construction taking place on Firestone Boulevard and Paramount Boulevard
and requested an update on the construction timeline. Director Mostahkami stated the completion of
the projects is scheduled for the end of March but is dependent on weather conditions. Mayor Pro Tern
Vasquez reported attending the Stay Healthy Downey collaborative meeting and provided information
about childhood obesity rates and programs the City is implementing to address this problem. He
announced the upcoming grand openings for Floor& Decor and Lazy Dog Caf6. He thanked City staff
for their work in 2015.
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Regular Meeting — January 12, 2016 1
Mayor Saab welcomed the audience to the meeting and invited them to participate in the many
events that will take place to commemorate the City's 60th Anniversary. He invited the audience to
enroll in the Downey Alert program and advised the City is providing sand bags at the fire stations and
City Yard in anticipation of El Nino. He stated nomination forms are available for the Mayor's
Distinguished Service Award and said the City is accepting sponsorships from organizations or groups
interested in having an electrical box painted with their group name. He announced City Hall will be
closed in observance of the Martin Luther King Jr. holiday. He thanked the City Clerk for incorporating
the Quick Response Code box on the cover of the City Council Agenda and told the audience they can
now follow the meeting agenda on their Smartphone. He announced upcoming city events: Keep
Downey Beautiful, Floor and Decor ribbon cutting, Senior Celebration, Lazy Dog Cafe grand opening,
2016 Downey Homeless Count, and, the Challenger Commemoration events.
PRESENTATIONS
Mayor Saab took presentation item number 1 out of order. The certificate of condolence was
presented to the family of Lowell Williams during the Special Meeting.
1. The Mayor and Council presented a certificate of condolence to the Family of Lowell Williams,
former City of Downey Finance Director.
2. The Mayor and City Council with the assistance of Carol Rowland, Keep Downey Beautiful
Coordinator, presented certificates to the 2016 Recycle Oil Artwork Winners.
PUBLIC HEARINGS
1. AMEND SECTIONS 9146 AND 9428 OF ARTICLE 1X OF THE MUNICIPAL CODE REGARDING
MEDICAL MARIJUANA: Community Development.
INTRODUCE ORDINANCE NO. 16- -.L AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY AMENDING SECTIONS 9146 AND 9428 OF ARTICLE IX OF THE
MUNICIPAL CODE REGARDING MEDICAL MARIJUANA.
Mayor Saab opened the Public Hearing at 7:03 p.m. City Clerk Jimenez affirmed receipt of the
Proof of Publication. It was moved by Mayor Pro Tern Vasquez, seconded by Council Member Ashton
and so ordered by the Mayor to receive and file. City Clerk Jimenez noted there was no
correspondence received.
The staff report was provided by David Blumenthal, Senior Planner /Building and Safety
Supervisor. Mr. Blumenthal provided a brief history of the legalization of medical marijuana in
California. In 1966 voters approved Proposition 215 known as the Compassionate Use Act legalizing
medical marijuana; however, at that time medical marijuana was deemed illegal under federal law; in
2003 State Legislature approved Senate Bill 420 Medical Marijuana Program which established the
identity of medical marijuana patients and the dispensary system; in 2009 Downey City Council
established _a moratorium prohibiting dispensaries in the City; in 2011 Downey City Council added a
permanent prohibition to the zoning code on dispensaries in the City; and, in October 2015 the
Governor signed Assembly Bills 243, 266 and Senate Bill 643 changing how the State will regulate
medical marijuana. Based on these bills, there are requirements the City must act upon, including
adopting an ordinance prior to March 2016. The Planning Commission initiated the code amendment
for Council consideration tonight and conducted a public hearing and is now forwarding the
recommendation to City Council. New State laws in effect: Assembly Bill 243 regulates the cultivation of
medical marijuana and requires explicit ban on cultivation; Assembly Bill 266 provides businesses must
obtain both State and City licenses and requires explicit ban on delivery, and, Senate Bill 643
establishes criteria for licensing for businesses and physicians and recognizes local authority to tax.
Code amendments being proposed tonight will be to Section 9146, which will add several definitions to
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Regular Meeting — January 12, 2016 2
the code to address the uses being banned, and, Section 9428, which will add a prohibition to the
cultivation, delivery, testing, and manufacturing but maintains the prohibition on dispensaries.
Mayor Saab opened this item for public comment at 7:07 p.m.
Irene Hesse, resident, commented in opposition of the proposed ordinance and in favor of
dispensaries for medical use in the City. She asked Council to postpone the item until they obtain more
information on medical marijuana laws.
Resident, no name provided, commented on his personal experience with a medical marijuana
patient. He asked Council to postpone the item until the Council received more information.
Council Member Marquez asked if staff is following legislative updates on this matter and what
other cities are recommending. Ms. Delong, Assistant to the City Manager, stated the League of
California Cities has held several meetings for cities throughout the State that are in the process of
adopting ordinances such as the one being considered tonight and most cities are prevailing.
The City Council discussed their views in regards to the current control mechanisms in place by
State and Federal laws on the regulation of medical marijuana. The City Council agreed that until the
State and Federal governments have regulations in, place and medical marijuana it is distributed
pharmaceutically, they will not support the distribution in the City.
Having no one else come forward, Mayor Saab closed public comment at 7:16 p.m.
It was moved by Council Member Vasquez, seconded by Council Member Ashton and approved
unanimously to introduce an Ordinance of the City Council of the City of Downey amending Sections
9146 and 9428 of Article IX of the Municipal Code regarding medical marijuana.
2. 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.
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Mayor Saab and Council Member Ashton announced they had driven by the site in question
prior to the public hearing. Mayor Saab stated he was contacted by the applicant with information. He
advised the applicant he would provide the information to the City Clerk and could not discuss the
matter. The City Clerk distributed copies submitted by the applicant for City Council.
Mayor Saab opened the Public Hearing at 7 :27 p.m. City Clerk Jimenez affirmed receipt of the
Proof of Publication. It was moved by Mayor Pro Ter Vasquez, seconded by Council Member
Brossmer and so ordered by the Mayor to receive and file. City Clerk Jimenez noted there was no
correspondence received other than what she handed to the Council provided by the applicant.
The staff report was provided by William Davis, CityPlanner. On October 7, 2015, the Planning
Commission held a public hearing to consider a request by the Treat Family Living Trust for approval of
a variance that would allow a nonconforming secondary driveway and its approach, to remain on a
single- family lot at 8622 Fontana Street. In 1985, the Planning Commission approved a variance for this
driveway, with a condition requiring a recorded covenant stipulating the driveway will be brought into
compliance upon the sell, lease, or rental of the subject property. The applicant is attempting to sale the
property but considers the covenant as a deterrent because potential buyers prefer to keep the
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Regular Meeting — January 12, 2016 3
nonconforming driveway. The applicant filed a Land Use Permit Application to eliminate the covenant
by modifying the variance. After holding a public hearing on this matter, the Planning Commission
adopted a Resolution to deny the Land Use Permit application. The applicant filed a written notice of
appeal letter to the City Council on October 20, 2015.
Council Member Brossmer asked why the owner was not required to remove the driveway at
the time the garage was relocated and the conversion took place. Mr. Davis stated according to their
files, at that time the property was County jurisdiction and they did not make that requirement. The
requirement did not come into play until the City's subsequent developing codes came into effect
sometime after 1956, possibly after 1960, and current codes require a driveway to serve a garage.
Mr. Davis provided a visual presentation of the property. City Council held a discussion in
regards to how property owners were notified they had to correct legal non - conforming issues by a
certain date and also discussed the existing covenant in place for the property in question. Mr. Davis
stated when the Downey Municipal Code was established for existing nonconforming uses, the City put
in place moratorium periods allowing property owners to comply and correct the nonconforming matters
by a specific date, in the case of 8622 Fontana, there was a 24 year period which came into effect
sometime in 1984, however, there was -a covenant in place for this property which allowed the property
owner to keep the legal nonconforming driveway indefinitely unless the property was sold, rented or
leased. Other properties adjacent to this propprty were not asked to sign a covenant. City staff was
made aware of the situation last year when the representative of the Treat Family Trust was in the
process of selling the property and the covenant came to their attention.
Mayor Saab opened this item for public comment at 7:44 p.m.
Tom Morris, representing the Treat Family Trust, provided history of the original garage
conversion and additions, as well as information on how the original driveway was grandfathered in and
became a legal nonconforming driveway. He requested the Treat Family be allowed to keep the
existing nonconforming driveway.
City Council Members asked for clarification on the timeline of when City codes came into place
and the construction of the one car garage and the existing covenant signed by the property owner and
the terms of the covenant.
Resident, no name provided, commented in support of the Treat Family keeping the existing
driveway.
Christine Papaj, Keller Williams Realty, commented in favor of Council allowing the legal
nonconforming driveway to remain and said a one car garage will hinder the sale of the property.
Tom Morris, representing the Treat Family Trust, said the homes on Fontana Street, which are
still in their original form, have a one car garage and those which have been remodeled have two car
garages.
Having no one else come forward, Mayor Saab closed public comment at 7:59 p.m.
City Council discussed the process in which the Treat Family constructed additional rooms onto
the property prior to 1985 when the covenant was signed. City Council asked who were notified about
the public hearing. Mr. Davis said all property owners within 500 feet of the property were notified. City
Attorney Abich Garcia clarified Council action to allow the Treat Family to keep the legal nonconforming
driveway also includes granting a variance allowing the parking path to exist indefinitely and will allow
other property owners to be able to come into the City and apply for a variance. Mayor Saab reviewed
the conditions set in Section 3 of the proposed resolution. City Council discussed what the impact
would be on removing the driveway and accessibility to the property from the front.
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Regular Meeting — January 12, 2016 4
After further discussion, City Council requested staff revise the resolution to grant the appeal to
the property owners and present the item at the next City Council meeting.
It was moved by Council Member Ashton, seconded Council Member Marquez, and approved
4 -1 -0, with Council Member Brossmer voting no, to grant the appeal and reverse the decision of the
Planning Commission and direct staff to bring back a resolution granting the appeal at the next Council
meeting.
Mayor Marquez recessed the Council Meeting at 8:22 p.m. and reconvened the meeting at 8:30
p.m. with all Council Members present.
3. TESORO SOCAL PIPELINE COMPANY LLC REQUEST FOR FRANCHISE AGREEMENT
RENEWAL: Public Works.
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Council Member Marquez announced he would be abstaining from this item due the proximity to
his home and left the dais.
Mayor Saab opened the Public Hearing at 8:30 p.m. City Clerk Jimenez affirmed receipt of the
Proof of Publication. It was moved by Council Member Brossmer, seconded by Council Member Ashton
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 Director Mostahkami. On January 10, 2006, the City Council
adopted an ordinance granting a 10 year franchise to BP West Coast Products LLC to construct,
operate, maintain, inspect, repair, remove, replace and abandon an 8 foot oil pipeline within certain
streets of the City. On July 23, 2013, the City Council subsequently adopted a resolution granting
transfer of the franchise from BP West Coast Products LLC to Tesoro Refining and Marketing Company
LLC, also known as, Tesoro SoCal Pipeline, LLC. On October 12, 2015, Tesoro submitted a letter to
the City requesting the renewal of their franchise for another 10 years. Tesoro's existing franchise
agreement will expire on February 10, 2016. On December 8, 2015, the City Council adopted a
resolution declaring its intention to renew an oil pipeline franchise with Tesoro SoCal Pipeline Company
LLC. State law governs common carrier petroleum pipelines. The proposed franchise agreement with
Tesoro would be in accordance with California Public Utilities Code Section 6201. State law establishes
the franchise payment for common carrier pipelines. Tesoro will pay the City a base granting fee of
seventy -five hundred dollars ($7,500) within thirty (30) days after the adoption of the ordinance granting
the franchise. The estimated first -year franchise fee is $23,634 which will be adjusted annually by the
Consumer Price Index.
The City Council asked if staff had reviewed the State Fire Marshall's report and what the
franchise fee was based on. Fire Chief Gillaspie confirmed he had reviewed the report and had no
concerns. Director Mostahkami stated the fee was based on the annual Consumer Price Index. Director
Gandhy confirmed the funding is applied to the general fund.
Mayor Saab opened this item for public comment at 8:35 p.m.
Resident, no name provided, commented on the Aliso Canyon natural gas pipeline and voiced
his concern about any pipeline erosion in the Tesoro Pipeline Company.
Having no one else come forward, Mayor Saab closed public comment at 8:38 p.m.
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Regular Meeting — January 12, 2016 5
The City Council discussed safety precautions and what procedures are in place to ensure the
safety of the pipelines. Ms. Rita Hagerty, Right -of -Way Agent, Tesoro Pipeline, stated Tesoro conducts
a close interval potential survey on an annual basis which monitors and helps prevent corrosion of the
pipelines. Mr. Chuck Bartunek, Facility Engineer, Tesoro Pipeline, provided a detailed explanation of
how the pipelines are tested and monitored to ensure integrity and safety. Fire Chief Gillaspie
confirmed the City's fire personnel has been trained in flammable liquids and is capable of mitigating
any situation and working with local resources to address any situation.
It was moved by Council Member Brossmer, seconded Mayor Saab, and approved 4 -0 -1, with
Council Member Marquez _ abstaining, to introduce an ordinance _ of the City Council of the City Of
Downey granting an Oil Pipeline Franchise Agreement to Tesoro So Cal Pipeline Company LLC.
NON - AGENDA PUBLIC COMMENT
Christian Sotomayor, Youth Commissioner, commented on drivers' neglect to make traffic stops
at the intersection of Mattock Avenue and Dacosta Street. He requested the City install a camera or
provide more police surveillance in that area.
Resident, no name provided, commented on public comments at a County meeting, the Brown
Act, the City's tree maintenance agreement, the homeless in the community, a homeless man shot in
Venice Beach and the Michael Nida incident.
Jailene Lemus, Youth Commissioner, invited Council to the Downey -South Gate Delegation for
Youth in Government Annual Bill Hearing Night.
John Lacey, resident, complimented Jailene Lemus for her comments. He congratulated Mayor
Saab and wished him good luck on his goals for the year. He acknowledged Chief Charles and the
entire Police Department for their professionalism and respect for Officer Galvez and his family. He
commented on home grown terrorists and asked the Police Department to be vigilant and safe.
CONSENT CALENDAR
Council Member Vasquez pulled Item No. 14; Mayor Saab pulled Item No. 16 and abstained
from Item No. 8 due to the proximity to his business; and Council Member Ashton pulled Item No. 15.
It was moved by Council Member Brossmer, seconded by Council Member Ashton, and carried
unanimously to approve the remainder of the Consent Calendar.
4.- APPROVED MINUTES: Regular Meetings of October 13, 2015, November 24, 2015, December 8,
2015, and December 15, 2015: City Clerk.
5.- WARRANTS ISSUED: Warrant Nos. are 299522 — 300402; Wire Nos. 30003399 and 30003406
30003416, Manual Wire Nos. are 1393 — 1397, in the total amount of $7,564,231.25: Finance.
6. CASH CONTRACT NO. S.S. 6058 BELLFLOWER BLVD. AT IMPERIAL HWY. INTERSECTION
IMPROVEMENT PROJECT: APPROVED THE PLANS AND SPECIFICATIONS AND
AUTHORIZED SOLICITATION FOR BIDS AND AUTHORIZED PROCUREMENT OF CITY -
FURNISHED MATERIALS: Public Works.
7. CAPITAL IMPROVEMENT PROJECT NO. 14 -04 FIRESTONE BLVD. WATER SYSTEM
IMPROVEMENT PROJECT FROM BROOKSHIRE AVE. TO LAKEWOOD BLVD.: ACCEPTED
THE PROJECT AS COMPLETE; AND, APPROVED THE FINAL CONSTRUCTION_ CONTRACT
AMOUNT OF $544,500.49; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR TO FILE THE
NOTICE OF COMPLETION WITH THE LA COUNTY RECORDER'S OFFICE: Public Works.
City Council Minutes
Regular Meeting — January 12, 2016 6
Council Member Ashton asked for clarification on the timeframe to reduce the number of
members on the Green Task Force. City Attorney Abich Garcia stated there will be a 30 -day period
after the adopted Ordinance comes into effect.
It was moved by Council Member Ashton, seconded by Mayor Saab, and approved
unanimously, to introduce an ordinance of the City Council of the City of Downey amending Article II,
Chapter 4, Part 8 ( "Green Task Force ") of the Downey Municipal Code as it pertains to the membership
of the Green Task Force.
16. APPROVED THE ART IN PUBLIC PLACES APPLICATION FOR THE DOWNEY GATEWAY
PROJECT TITLED, "SUNLIGHT SHADOWS ": Community Development.
Mayor Saab mentioned his concern in regards to the artwork in the Downey Gateway Project
and asked staff if the artwork met the conditions set forth in the Art in Public Places Application.
Director Schindler stated other elaborate renderings could be presented to Council for consideration
and confirmed the rendering meets the conditions in the application. The City Council was presented
with a sample of the material being used.
It was moved by Council Member Marquez, seconded by Council Member Ashton, and
approved unanimously to approve the Art in Public Places application for the Downey Gateway Project
Titled, "Sunlight Shadows ".
ADMINISTRATIVE REPORTS: None.
City Manager Livas announced staff is working on the City's Annual Report which will include
Council's accomplishments. He thanked the Police Officer's Association and Chief Charles for
concluding negotiations and for their work and reaching an agreement.
Mayor Saab adjourned the City Council meeting at 9:12 p.m. in memory Lowell Williams, former
Director of Finance for the City of Downey; and Terry Lambros, long -time resident and former Planning
Commissioner.
ADRIA M. JIM EN C C
City Clerk
City Council Minutes
Regular Meeting — January 12, 2016
40OZ
ALEX SAAB
Mayor
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