HomeMy WebLinkAboutMinutes 04-26-16 Regular MeetingMINUTES OF
nk7ft7offC N C I L i • DOWNEY
REGULAR MEETING
APRIL 26, 2016
The City Council of the City of Downey held a Regular City Council Meeting on April 26, 2016,
at 6:44 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey,
California, Mayor Saab presiding.
PRESENT: Council Members:
Alex Saab
Fernando Vasquez
Sean Ashton
Roger C. Brossmer
Luis Marquez
Mayor
Mayor Pro Tern
Council Member
Council Member
Council Member
ALSO PRESENT: Gilbert Livas, City Manager
Yvette M. Abich Garcia, City Attorney
Adria M. Jimenez, MMC, City Clerk
John Oskoui, Assistant City Manager
Carl Charles, Chief of Police
Mark Gillaspie, Fire Chief
Mohammad Mostahkami, Public Works Director
Sonya Meacham, Interim Parks & Recreation Director
Aldo Schindler, Community Development Director
Anil Gandhy, Finance Director
Alicia Duarte, Deputy City Clerk
The Invocation was delivered by Rev. Maricarmen Campos Castro of First Presbyterian Church
of Downey. The Flag Salute was led by Downey Youth Commissioners.
COUNCIL - _ • UNCEMENTS; REQUESTS FOR
CONFERENCE/MEETING REPORTS
Council Member Ashton reported attending the Library Volunteer Awards Ceremony and the
Keep Downey Beautiful Clean Up. He announced upcoming events Impossible Science and the Ride
and Stride.
Council Member Marquez welcomed the audience to the Council meeting. He provided an
update in regards to the funding of projects for the Eco Rapid Transit Authority and the Gateway Cities
Council of Governments. He commented on Assembly Bill 1472 introduced by Senator Mendoza and
explained the Bill adds two additional board members to the Metro Board from cities affected and
unrepresented. He asked staff to prepare a letter in support of Assembly Bill 1472 and a resolution for
Council adoption.
Council Member Brossmer acknowledged members of the audience, School Board Member
Martha Sodetani and Superintendent of DUSD Dr. John Garcia. He congratulated Mayor Saab on his
State of the City Address and also acknowledged Doc Flynn, Downey Rotarian.
Mayor Pro Tern Vasquez welcomed the audience to the Council Meeting. He acknowledged
members of the audience, Kiwanis President Mariana Pacheco, and City Commissioners _Blanca
Pacheco and Kaitlyn Trujillo. He requested staff contact management at Stonewood Mall in regards to
the poor condition of the mall and parking lot. He asked staff to address potholes on Florence Avenue,
east bound between Downey and Brookshire Avenues. He reported attending the 1 -5 Consortium
meeting and commented on Measure R funding for the 1 -5 freeway being diverted by the Metro Board
City Council Minutes
Regular Meeting — April 26, 2016 1
for other projects which will increase poor traffic conditions in the Downey area. He congratulated
Mayor Saab on a successful State of the City Address. He reported attending the Annual Police and
Fire Luncheon and said he is very proud of the men and women of the departments.
Mayor Saab reported attending the Nissan Ground Breaking event. He commented on the
expansion of Downey Nissan at the new location and said Champion Dodge will also be expanding
their fleet to include Alfa Romeo. He reported attending the Rose Float Association Outgoing Court
Ceremony and Miss Downey Pageant. He thanked Police Chief Charles and the Police Department for
a great Coffee with a Cop, and commented on the importance and value of having the City's own Police
Department. He encouraged members of the audience to start a neighborhood watch group and
commented on the benefits and value of becoming involved with neighborhood watch. He reported
attending the Anniversary Speaker Series at the Columbia Memorial Space Center, "60 Years of
Downey Aerospace History." He announced upcoming events: Free stroke awareness clinic; Downey
Federal Credit Union Annual Food Packing; The Martian movie screening at the Columbia Space
Center; YMCA Carnival of Champions; Police Department Prescription Drug Take Back; Ride and
Stride; Fresh Griller ribbon cutting; Let's Do Lunch; Coffee with the Mayor; and, the Downey
Coordinating Council 62nd Annual Dinner and Awards Banquet. He commented on the Coordinating
Council's work with the non - profits in the community. He thanked the Chamber of Commerce and all
those who assisted with the State of the City event. He commented on the commitment from City staff,
City Council and members are the community who are engaged.
PRESENTATIONS
1. Mayor's Distinguished Citizen Award presented to Martha Sodetani, Downey Unified School District
Board Member.
2. Mayor Pro Tern Vasquez presented a Certificate of Recognition to Linda Haverman for her 30 years
of volunteer efforts with the Downey Girl Scouts Troop.
3 Proclamation for Older Americans Month presented to Byron Dillon, Ruth Stowell, and Lydia Z.
Caraballosa.
4. Proclamation for Municipal Clerk's Week presented to City Clerk Adria Jimenez and Alicia Duarte,
Deputy City Clerk.
5. Proclamation for Student Government Day presented to Downey Youth Commissioners.
6. Proclamation for Day of Remembrance of the Armenian Genocide presented to Mark Echmalian.
Mayor Saab took this item out of order.
Mayor Pro Tern Vasquez announced he would be abstaining from this item due to a potential
conflict with his personal bussiness and left the dais.
It was moved by Council Member Brossmer, seconded by Mayor Saab and approved 4 -0 -1 to
continue the public hearing to City Council Meeting of May 10, 2016.
2. APPROVE ZONE CHANGE FOR PROPERTY LOCATED AT 11434 -11444 DOWNEY AVE AND
8037 IOWA ST FROM GENERAL MANUFACTURING TO HOSPITAL MEDICAL ARTS:
Community Development.
City Council Minutes
Regular Meeting — April 26, 2016 2
r r r r • :i- it • r r '
INTRODUCED ORDINANCE NO. ORDINANCE OF i OF
CITY OF DOWNEY REZONING -i f 4 PANGBORN AVENUE AND
PORTION OF i PERTY AT 9511 FIRESTONE BOULEVARD FROM
TO NEIGHBORHOOD COMMERCIAL.
Mayor Saab opened the Public Hearing at 7:59 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 William Davis, City Planner. The applicant submitted an
application requesting the approval for the development of the properties at the 9551 Firestone
Boulevard and 11104 Pangborn Avenue as a Jack in the Box with a drive thru lane. The project
requires five entitlements to develop the subject property as proposed: A general plan amendment; a
zone change; -a parcel map; a conditional use permit; and, a site plan review application. The applicant
is also asking to consider revoking a zone exception permit that has been in effect and was granted in
1970 for 9511 Firestone Boulevard. On March 16, 2016, the Planning Commission adopted resolutions
to revoke Zone Exception Case 9209, approve tentative Parcel Map No. 73738 to consolidate the two
parcels, approve Site Plan Review for the architectural aspects of the project, approve a conditional use
permit for the drive -thru lane, and to adopt a Mitigated Negative Declaration. The Planning Commission
also adopted a resolution recommending the City Council approve an amendment to the Downey
General Plan that would change the land use categories of the properties at 9551 Firestone Boulevard
and 11104 Pangborn Avenue- from General Commercial and Medium Density Residential to
Neighborhood Commercial and, change the zoning of the southerly 52 ft. of the property at 9511
Firestone Boulevard and the adjoining property at 11104 Pangborn Avenue from parking buffer to
neighborhood commercial.
Mayor Pro Tern Vasquez asked what the hours of operation would be for the Jack in the Box.
Mr. Davis said both the drive thru and restaurant would be closing at midnight. Mayor Pro Tern
Vasquez asked if staff anticipates traffic accumulating on Firestone Boulevard from the drive thru. Mr.
Davis said there is sufficient space available on the property for vehicles entering the drive thru and it is
not anticipated vehicles will spill onto Firestone Boulevard or Pangborn Avenue.
Council Member Ashton commented on the Jack in the Box close to his residence. He said it is
very busy during the evening hours.
City Council Minutes
Regular Meeting — April 26, 2016 3
Cedric Fong, Jack in the Box Representative, stated they do not anticipate having the traffic
issues at the new location and there is enough space for up to 20 vehicles in the drive thru queue. The
restaurant will close at 2 a.m. Sunday through Thursday and will be open 24 hours Friday and
Saturday. He said the landscaping and eight foot wall have been included to buffer the noise due to the
Mitigated Negative Declaration.
Mayor Saab opened this item for public comment at 8:22 p.m.
Resident, no name, commented on the impact of parking for residents and in opposition of the
zone change.
Jennifer Kirkwood Hartl, resident and Principal of Kirkwood Christian "School voiced her
concerns of the fast food restaurant location and rezoning of the property.
City Manager Livas commented on the challenge it has been to bring something to the vacant
property that could please both residential and commercial owners in the area.
Art Gonzalez, resident, commented in favor of the item.
Having no one else come forward, Mayor Saab closed public comment at 8 :29 p.m.
Council Member Ashton asked if there should be a- traffic light signal at the intersection of
Pangborn Avenue and Firestone Boulevard. A Representative from Dydek said it is a right turn only and
it is not warranted for a traffic signal.
It was moved by Council Member Brossmer,_ seconded by Mayor Pro Tern Vasquez and
approved unanimously to adopt Resolution No. 16 -7627, a Resolution of the City Council of the City of
Downey changing the land use categories of the properties at 9511 Firestone Boulevard and 11104
Pangborn Avenue from General Commercial and Medium Density Residential to Neighborhood
Commercial and adopting a Mitigated Negative Declaration.
It was moved by Council Member Brossmer, seconded by Mayor Pro Tern Vasquez and
approved unanimously to introduce an ordinance of the City Council of the City of Downey rezoning the
property at 11104 Pangborn Avenue and a portion of the property at 9511 Firestone Boulevard from
Parking Buffer to Neighborhood Commercial.
61; 1 i
Mayor Saab took this item out of order.-
Resident, no name, commented in regards to accessible sidewalks, pathways and walkways for
the disabled, the construction of Gardendale Avenue, and the homeless.
CONSENT CALENDAR
Mayor Pro Tern Vasquez pulled item No. 12; Mayor Saab pulled Item Nos. 5 and 8.
It was moved by Council Member Brossmer, seconded by Mayor Pro Tern Vasquez and carried
unanimously to approve the remainder of the Consent Calendar.
3. APPROVED MINUTES: Special and Regular Meetings of April 12, 2016: City Clerk.
4. WARRANTS ISSUED: Warrant Nos. 302997 = 303428; Payroll Wire Nos. 30003451 & 30003456;
Manual Wire Nos. 1434; in the total amount of $4,912,357.51: Finance.
City Council Minutes
Regular Meeting — April 26, 2016 4
• ADOPTED RESOLUTION NO. • A RESOLUTION OF • OF THE
CITY OF DOWNEY APPROVING PARCEL • • - 7926 THIRD STREET AND
APPROVE AN AGREEMENT WITH THE SUBDIVIDER FOR CONSTRUCTION OF
SUBDIVISION IMPROVEMENTS: • •
10 ADOPTED RESOLUTION NO. 1 A RESOLUTION OF • OF
CITY OF DOWNEY APPROVING i 73035 FOR `c• DRIVE
AND AN AGREEMENT WITH THE SUBDIVIDER FOR • • OF :r i,
IMPROVEMENTS: a •
ADOPTED RESOLUTION NO. 16-7631, A RESOLUTION OF • OF THE
CITY OF DOWNEY APPROVING ! • TO
COMBAT • Administration.
APPROVED FREE ADMISSION TO THE COLUMBIA • DURING
DOWNEY RIDE r STRIDE OPEN STREETS EVENT ON 1 FROM 1
Parks • Recreation,
ADOPTION OF THE CITY OF DOWNEY TRANSIT - - • ,.:
•
5. APPROVE OF i A) WITH THE LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION • •• FOR OF
FLORENCE THE r AUTHORIZE
MAYOR • EXECUTE THE LOA; r AUTHORIZE THE CITY MANAGER TO EXECUTE
ANY AMENDMENTS: • •
Mayor Saab asked if this agreement was for the replacement of the bridge on the east side of the
City and if funding was previously allocated for this project. City Manager Livas stated this was an
agreement to facilitate the process for replacing the bridge on the east.
Mayor Pro Tern Vasquez asked if the bridge replacement would be similar to the design of the
Firestone Bridge. City Manager Livas said currently the bridge has two lanes in each direction and it will
be expanded to three lanes. Director Mostahkami said once the agreement is approved they will meet
with the consultant and designer to maximize the use of the bridge by adding the third lane and the bike
lane, if possible.
Council Member Brossmer stated bike lanes cannot be added on Florence Avenue due to the
speed limit of the street.
City Council Minutes
Regular Meeting — April 26, 2016 5
It was moved by Mayor Saab, seconded by Council Member Ashton and approved unanimously
to approve a Letter of Agreement (LOA) with the Los Angeles County Metropolitan Transportation
Authority (Metro) for the replacement of the Florence Avenue Bridge at the San Gabriel River; authorize
the Mayor to Execute the LOA; and, authorize the City Manager to execute any Amendments.
8. ADOPT RESOLUTION NO. 16 -7628, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY GRANTING AUTHORITY TO THE CITY MANAGER FOR EXECUTION OF
CONTRACTS THROUGH THE INFORMAL BIDDING PROCESS: Public Works.
Mayor Saab asked for an explanation of this item. Director Mostahkami explained currently for the
informal bidding process on construction projects under $23,000, there is no one designated as the
signing authority to approve the project. This item is to request the City Council designate the City
Manager as the signing authority. Mayor Pro Tern Vasquez asked if this was in line with other cities'
processes. City Manager Livas stated it was.
It was moved by Mayor Saab, seconded by Council Member Ashton and approved unanimously
to adopt Resolution No. 16 -7628, a Resolution of the City Council of the City of Downey granting
authority to the City Manager for execution of contracts through the information bidding process.
12. GRANTED INGRESS /EGRESS ACCESS AND UTILITY EASEMENT TO SOUTHERN
CALIFORNIA EDISON COMPANY FOR THE DOWNEY PROMENADE APN: 6256- 004 -909;
AND, AUTHORIZED THE CITY MANAGER TO EXECUTE THE EASEMENT DOCUMENT:
Community Development.
Mayor Pro Tern Vasquez requested a future update from staff in regards to right of way easement
at Wilderness Park.
It was moved by Mayor Pro Tern Vasquez, seconded by Council Member Brossmer and approved
unanimously to grant ingress /egress - access and utility easement to Southern California Edison
Company for the Downey Promenade APN: 6256- 004 -909; and, authorized the City Manager to
execute the easement document.
ADMINISTRATIVE REPORTS
16. RECEIVED AND FILED REPORT REGARDING UPDATE ON YARD SALES: Community
Development.
Director Schindler provided the staff report for this item. Currently, per the City's Municipal Code
Section 9420.22,_ upon issuance of a permit and applicant is allowed to have a yard sale in the garage
or driveway of residential R -1 (Single Family), R -2 (Two Family), R -3 (Multiple- Family), or R -3 -0
(Multiple - Family Ownership) zones. Yard sales are allowed Monday through Sunday from 7:00 a.m. to
8:00 p.m. The application fee is $10. Yard sales may be conducted a maximum two times per calendar
year or three days on extended national holiday weekends. Inclement weather may extend the period
of time equal to the day(s) Jost. A City database is used to track violation and frequency of yard sales.
Most common violations are signage, selling new items, and yard sales conducted without permits. City
staff cross references applications with the database of violations. Violations remain in the City
database until the citation is paid and signed -off by the Code Enforcement Division. Applicants are
denied a permit if they have already met the two yard sales / year threshold. Code enforcement staff
monitors yard sales as they occur, and every other Saturday. Staff makes contact with all yard sales to
assure compliance. Notice of violation is issued for any non- compliance. If this occurs the yard sale
must cease immediately; the property is added to the City's violation database; a $100 first offense fine
is assessed, a $200 second offense fine is assessed, a $500 third offense fine is assessed, and, an
excess of three violation can be elevated to a misdemeanor citation.
City Council Minutes
Regular Meeting — April 26, 2016 6
Council Member Brossmer asked if Code Enforcement tracks their stops in a log and if there is a
single Code Enforcement Officer monitoring. Director Schindler stated there is one Officer every other
Saturday. Last Saturday 93 yard sales were held and the Officer on duty visited 87 yard sales within the
five hour shift.
Mayor Saab asked is there an ongoing list of all the yard sales and is it possible to post it online
for residents to view. Director Schindler stated there is a list and they can work with the I.T. Department
to post online.
Council Member Brossmer commented on the large amount of yard sales being held and said he
has received several comments from residents and visitors about the appearance of the City due to the
many yard sales. He asked the City Council if they would consider putting a sap on the amount of yard
sale permits issued.
Council Member Marquez said his concern is the amount of yard sales, the enforcement
schedule, new items being sold, and the same address holding yard sales every weekend. He would
like to have a cap placed on the amount of yard sales held on the weekend.
City Council discussed their concerns about the amount of yard sales and asked the City Attorney
how this matter could be addressed.
City Attorney Abich Garcia stated there are no legal restrictions on yard sales and it is a policy
decision which can be modified as long as sufficient notice is given to the residents about the new
rules.
Mayor Saab suggested looking at what other cities are doing.
City Manager Livas stated the new items are open to interpretation and what Council can do is
limit the cap of yard sales.
Council Member Ashton commented on the advertising signs - around the City that become a
problem. Director Schindler stated Code Enforcement sweeps the City for yard sales signs on Monday
mornings and issues $100 citations to those with addresses.
Mayor Saab opened up this item for public comment at 8:58 p.m.
Resident, no name, commented on allocating yard sales per district per year and the reason why
residents sell their items at yard sales. He commented against the monetary amount of the citations.
Art Gonzalez, resident, commented on his experience with holding yard sales on his property. He
suggested limiting the time schedule for holding the yard sale.
City Council discussed having staff research the option of issuing the yard sales permit online.:
City Council directed staff to research options on addressing the concern of the amount of yard
sales held on weekend and enforcement.
• � r
Mayor Saab reopened this item for public comment.;
Resident, no name provided, commented on Item No. 11. He commented on an article in the Los
Angeles Times and the homeless population and issues.
City Council Minutes
Regular Meeting — April 26, 2016 7
City Manager Livas announced the City's supervisors recently completed a six_ week webinar
conducted by the International Cities Management Association on supervision skills. He announced
Phase 1 of the Civic Center improvements are moving along and there will be a nice patio addition
between the library and City Hall. He reminded everyone about the City's Relay for Life Team and
encouraged anyone interested to join. He also reminded the _audience about the upcoming Ride &
Stride event.
. r •
Mayor Saab adjourned the Regular City Council Meeting at 9:15 p.m. in memory of Airman First
Class Nathaniel H. McDavitt, 22, of Glen Burnie, Maryland who perished during Operation Inherent
Resolve.
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A IA M. JIMEN Z, MMC
City Clerk
City Council Minutes
Regular Meeting — April 26, 2016 8
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Mayor