HomeMy WebLinkAboutMinutes 06-28-16 Regular MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JUNE 28, 2016
The City Council of the City of Downey held a Regular City Council Meeting on June 28, 2016,
at 6:32 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
Luis Marquez 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
Shannon DeLong, Assistant to the 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 Beverly Mathis. The Flag Salute was led by Sam Mathis.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE /MEETING REPORTS
Council Member Ashton reported attending the Independent Cities Association Seminar and
reported on the session regarding economic development. He commented on the City of Inglewood
requiring their developers to purchase project material in the City in order to earn sales tax revenue. He
requested staff look into requiring developers to purchase supplies from City -based businesses. He
encouraged the audience to use safe and sane fireworks during the 4th of July and asked Chief Charles
to elaborate on the fines for the use of illegal fireworks.
Chief Charles stated illegal firework fines are between $1,000 and $3,000. Council Member
Ashton reminded the audience the City would be holding a 4th of July celebration at Downey High in
commemoration of the City's 60th Year Anniversary. He commented on his Town Hall meeting and said
he liked an idea from a resident who suggested grocery stores in the City should develop a wheel lock
system to keep shopping carts from being removed from the store premises. He requested staff
research the possibility of what the City can do to develop a shopping cart ordinance.
Council Member Marquez reported attending the Independent Cities Association Seminar and
reported on the session regarding Air B &B and what cities are doing to regulate this type of short term
home rental service in order to capture the room tax revenue paid to cities when staying at a hotel. He
provided an update regarding the Eco Rapid Light Rail, which will run through Downey. He said the
Metro Board held a public hearing to discuss placing and initiative on the November ballot which will
fund major transportation projects and designate the funding. The Gateway COG held a special
meeting and the Board will not support the proposed initiative unless it is amended to support local
City Council Minutes
Regular Meeting — June 28, 2016
projects such as the expansion of the 1 -5 Freeway. The Light Rail project was approved with a budget
of $4 billion. He wished the audience a Happy 4`h of July and commented on illegal fireworks and fines
for those in possession of illegal fireworks. He reminded pet owners to keep their pets indoors and
contact SEACCA for missing pets.
Council Member Brossmer reported attending the Independent Cities Seminar and reported on
the session regarding self- driving vehicles and the issues that will arise. He commented on the
importance of exploring this issue and how it will affect cities. He acknowledged former Mayor Meredith
Perkins in the audience.
Mayor Pro Tern Vasquez reported attending the Independent Cities Association Seminar and
reported on the session about terrorism training. He asked staff to reach out to local hospitals and large
employers in the City about being prepared and offering training with reimbursement to the City. He
announced the construction improvement project on Firestone Blvd. between Lakewood Blvd. and
Brookshire Ave. begins tomorrow and will be completed in late September. In regards to Lakewood
Blvd. between Gallatin Rd. and Telegraph Rd., construction will begin late spring of next year.
Construction on Lakewood Blvd. and Telegraph Rd is currently under construction and will be
completed mid to late July due to pole relocation by Edison. He acknowledged members of the
audience, Mrs. Gigi Saab; former Mayor Meredith Perkins; and Eric Pierce, Kiwanis President. He
reported attending the Metro's Board Meeting. He commented on the 1 -5 Freeway and the issues
impacting the City should the 1 -5 not be expanded in the Downey area. He explained Measure R being
proposed on the ballot in November is a perpetual tax and does not include funding for the 1 -5 Freeway
or 710 freeway. He stated the Gateway COG is ready and will not support the tax if projects affecting
the City are not included.
Mayor Saab commented on the Independent Cities Association and provided a brief explanation
of what the organization does for its member cities. He reported attending the Independent Cities
Association Seminar and reported on the session he attended regarding Air B &B. He said it is not
affecting the City at this time but it is something to consider for the future. He acknowledged members
of the audience, Mrs. Gigi Saab, and Members of the Soroptomist Club; Juan Garza, Bellflower Council
Member; former Mayor Meredith Perkins; Jailene Lemus, Youth Commissioner; and Lieutenant Mark
McDaniel, Gangs Out of Downey President. He commented on the 4'h of July celebration and everyone
to be responsible and take the necessary precautions. He advised the audience of the City Council
Meeting brochures which guides the reader through the process of the meeting. He announced he had
the privilege of swearing in Laurie Tyler as the new President of the Chamber of Commerce and
congratulated Cindy Kovach for a great job this past year. He thanked the volunteers for their
assistance with the Assistance League Open House. He reported attending the ARC Installation
Dinner. He reminded the audience the Columbia Memorial Space Center Summer Camp is still open
for enrollment. He announced upcoming events: Wesley Health Center and Gaucho Grill Ribbon
Cutting; a Community meeting on the proposed raised median project on Paramount Blvd.; Downey
Library Draw Workshop; Summer Concerts in the Park; Downey Library Foreign Film event; Ringling
Brothers event at the Columbia Memorial Space Center. Mayor Saab asked staff to research a policy
for safety personnel to remain employed with the City for a certain number of years after completing
City recruitment or training.
PRESENTATIONS
1. Mayor Saab and Members of the Council presented Certificates of Recognition to the Special
Olympics Basketball Team
2. Mayor Saab presented the Mayor's Distinguished Citizens Award to Sam and Beverly Mathis, long-
time residents and Community Volunteers.
City Council Minutes
Regular Meeting — June 28, 2016 2
NON - AGENDA PUBLIC COMMENT
John Lacey, resident, commented regarding his concern about a newspaper article which
addresses public employee compensation based on a survey by Transparent California. He said he is
not in favor of a sales tax increase.
City Manager Livas responded and said the City has contacted Transparent California two times
regarding their inaccurate data. He explained the median salary of a public employee is $49,166
including overtime and premium and a full time police officer /fire fighter salary is $123,985, including
overtime and premium which is far from Transparent California's data. Based on the new pension
system, employees are contributing more towards retirement and the City is 20% less in staff compared
to six years ago. Some of the overtime paid to employees is reimbursed by other agencies. He assured
the City of Downey is not the highest in the County.
ADMINISTRATIVE REPORT
Mayor Saab took this item out of order.
13. ADOPTED RESOLUTIONS PERTAINING TO THE SUBMISSION TO THE VOTERS AT THE
GENERAL MUNICIPAL ELECTION ON NOVEMBER 8, 2016 OF A PROPOSED MEASURE
WHICH WOULD INCREASE THE SALES TAX IN THE CITY OF DOWNEY BY ONE -HALF OF
ONE PERCENT FOR A TWENTY (20) YEAR PERIOD WITH OVERSIGHT BY AN INDEPENDENT
CITIZENS' OVERSIGHT COMMITTEE: City Attorney.
The staff report for this item was provided by City Manager Livas and City Attorney Abich
Garcia. City Manager Livas stated the City Council directed staff to prepare ballot measure language.
During his tenure as City Manager the City has tried to maintain costs and live within the needs but
there are needs in the community and his job as the City Manager is to look ahead to the future. Some
things motivating this issue are: AB109 and Proposition 47 which released prisoners in advance of their
prison sentence; an increase in medical calls due to the Affordable Care Act; and, the need to improve
and maintain residential streets. Currently 65% of the City's budget goes toward public safety and the
return is safer streets and more economic development because people feel safe shopping in Downey.
It is important to consider wanting to live in an okay city or a great city with great infrastructure and
protection. The Council asked staff to look at various alternatives to fund these vital resources. Staff
looked at a tax specifically for public safety but that would be a property tax and only local residents
would be taxed. Much of the City's income is derived from people outside the City and a sales tax
increase would be a much more equitable thing to do. The residents will ultimately decide on this
measure. Residents do not want a tax that is in perpetuity, so the tax proposal has a cap and an
Oversight Committee which will meet on a quarterly basis. The meetings would be open to the public,
and reports will be sent to the Council for approval to ensure the funding is used for what the voters
approved. Council does not have the ability to decide whether or not to approve but allow the voters to
decide.
City Attorney Abich Garcia provided a highlight of the elements of the sales tax ordinance that
would go before the voters for approval. The item before Council tonight will place before the voters a
proposal in the November election to increase the sales tax by one -half of one percent. This would
comply with Proposition 218 which requires voter approval for general taxes. This will only place the
question before the voters. If approved the tax would be collected by the State Board of Equalization
from vendors in the City and remitted back to the City. The sales tax ordinance has a provision for an
independent Oversight Committee and a sunset provision which would allow the sales tax to expire
after 20 years. The ordinance will incorporate existing sales tax exemptions such as no tax on food or
medicine and narrow exemptions that apply to aircraft common carriers and certain sales of personal
property that is to be used or shipped outside the City. The measure requires a simple majority of the
votes of the election which means 50% plus one. If approved the sales tax increase would go into effect
April 2017, to allow retailers and the Board of Equalization to make adjustments of the sales tax from
9% to 9.5 %.
City Council Minutes
Regular Meeting - June 28, 2016 3
Mayor Saab opened up this item for public comment at 7:45 p.m.
Jailene Lemus, Youth Commissioner, asked why an increase one -half cent is being proposed
instead of a one cent.
Council Member Ashton provided an example of what the sales tax would be if purchasing and
item for $2.00.
Gabriel Gabriels, resident, commented on the importance of public safety, the potential impact a
sales tax increase will have on businesses, and the implementation and execution of the funds.
City Manager Livas stated staff has researched other cities that have increased their sales tax
and none of the cities researched have issues with businesses closing because of a one -half cent sales
tax increase. There are studies out there in support and against this issue. Council Member Marquez
stated he also researched other cities that increased their sales tax and none of their businesses have
been impacted. City Manager Livas shared some facts of cities that have their own police and fire
departments: Shoppers are more willing to shop in an area where they feel safe; property sales and
home sales are higher; and, schools are better. All this is needed to keep a high level city.
Gabriel Gabriels commented regarding Measure R and the money not being allocated towards
Downey. Mayor Pro Tern Vasquez explained Measure R to Mr. Gabriels and said it is a County
measure. Mr. Gabriel asked if there is language that will specifically state the funding collected is going
specifically towards public safety. City Manager Livas stated the wording cannot be specific because
this is a general tax, but there will be measures in place if approved by Council tonight.
Mr. Gabriels commented regarding the Utility Users Tax approved in the 1990's. City Manager
Livas stated there was not an Oversight Committee set up at that time to oversee the Utility User's Tax.
With this measure, an Oversight Committee will be created to ensure funding goes toward items the
voters approve.
Lieutenant Mark McDaniels, Downey Police Management Association and resident, thanked
Council and the community for their support of the Downey Police Department. He commented
regarding a letter published in the Downey Patriot supporting the one -half of one cent sales tax
measure. The supporters include the Downey Police Management Association, the Downey Police
Officers' Association, and the Downey Public Safety Auxiliary Association. He asked for Council's
support in allowing the voters to decide on the measure in the November election.
Having no one else come forward, Mayor Saab closed public comment at 8:03 p.m.
Mayor Saab asked how many members will make up the Oversight Committee. City Attorney
Abich Garcia responded and said there will be a total of five members appointed by the City Council.
The duties are listed on resolution number five of the staff memo. This Committee will comply with
Brown Act regulations.
Council Member Brossmer asked if members will be appointed by district or city -wide. City
Attorney Abich Garcia said there is no requirement. Council Member Brossmer expressed interest in
serving as part of this committee.
Mayor Pro Tern Vasquez asked if committee members must be residents of the City. City
Attorney Abich Garcia replied yes.
Mayor Saab asked staff if there are any specific studies that show the effect a sales tax
increase has for a business community. City Manager Livas said he is not aware of a good independent
study.
City Council Minutes
Regular Meeting — June 28, 2016 4
Mayor Saab asked how much revenue the City expects to receive from the Promenade in the
next several years. City Manager Livas said based on discussions held with the groups negotiation
contracts at the Promenade, it is expected the Promenade will bring in between $2 to $2.5 million per
year. This will help keep the City in balance with its growth.
Council Member Brossmer commented on the additional revenue from the Promenade keeping
the City on board. He asked staff about the funding for City staff's retirement pension. Director Gandhy
said the City has enough funds to cover the next four to five years at $2 million per year.
Council Member Marquez commented on discussions he has had with Council Members and
City Managers from other cities who have increased their sales tax and have seen no finanical impact
to their cities. He commented on the City operating with 20% less staff, having a balanced budget for
many years, approving a balanced budget tonight, and keeping up with services for the residents. He
said the priority has been how to add additional police officers and increase the City's infrastructure. He
commented on the reduction of revenue received from the gas tax as people are now driving hybrids.
He mentioned the need to fix streets and said the City has considered cutting services, aggressively
applying for grants to obtain funding, but it is now time to let the voters decide. He talked about the
consideration of a parcel tax but deciding on proposing a one -half of one cent tax instead in order to
meet needs of the community and not affecting businesses and residents.
Mayor Pro Tern Vasquez asked staff if they have exhausted their ability to secure as many
grants as possible to address the needs in the community. City Manager Livas said staff has been very
aggressive with applying for grants, bringing in $8 to $10 million in grants solely for specific projects in
the last year. He said unfortunately the City does not have the census tracks that meet the specific
requirements to earn more grants but the City has been as aggressive as possible. Mayor Pro Tern
Vasquez asked how much revenue the City lost resulting from the closing of car dealerships. City
Manager Livas said he doesn't have an exact amount but dealerships are the most important source of
revenue to a city, and Downey lost four to five dealerships. The City is still not at the point it was in
2011. Mayor Pro Tern Vasquez commented on the ride - alongs he has had the opportunity to participate
in with the Police Department and said he has discussed the effects of AB109 and Proposition 47 with
Chief Charles. He said the Governor will be placing another initiative on the ballot to release more
inmates onto the streets, some of who have serious records and convictions. He asked Chief Charles
to elaborate on his comments about being proactive rather than reactive. Chief Charles commented on
a study published in 2012 by UC Berkley called "The Effect of Police on Crime" that reached the
conclusion that more officers on the street will produce a reduction in crime, particularly serious crime.
Over the last five years the Police Department has seen an increase in calls for service. The Police
Department's biggest complaints received are response times to routine calls and not seeing officers
patrolling streets. Mayo Pro Tern Vasquez asked if there is any equipment the Police Department will
need in the future for officers. Chief Charles said there is a need to upgrade the current radio system
because there is not an ability to talk to other cities and officers lose connection with the station when
they are going further from City limits. Mayor Pro Tern Vasquez asked the Downey Patriot to be the
community's eyes and ears. He asked the community to hold future elected officials accountable. He
would like to see a reserve fund policy drafted by staff if this item passes tonight.
Council Member Brossmer said he is not for taxes but feels confident because this will be local
control and revenue will not be going to the federal or state government and is confident in the local
government and staff. This sales tax will bring approximately $8 million annually and the City's general
fund budget is $80 million, and any concerns should be towards the $80 million should there be no
confidence in the Council or City staff. He said the Police Department is doing a good job but there are
things out there that cause him concern. He said there is nowhere else the City can cut in order to save
the amount of money needed to address the needs of the City. He said everyone is vested in the
community and having a sufficiently staffed Police Department is one of the most important things for
him to stay in this city moving forward. He commented on the age of the Fire Stations, 60 years old and
the need to bring them up to date. He commented on the need to redo residential streets and the need
for $12 million annually just to keep them in good condition. Parks need to be maintained. He is in favor
of placing the measure on the ballot for voters to decide.
City Council Minutes
Regular Meeting — June 28, 2016 5
Council Member Ashton said one of the reasons he decided to run for Council was to help the
community and get City streets fixed. Currently maintaining City streets is costing the City $12 million a
year. He commented on the need to have a proactive police department, a fire department with the
necessary tools to provide assistance in a catastrophic event, and parks to be maintained. He said he
has struggled with the proposed tax measure increase and takes it seriously. The City will not have the
money necessary by making more cuts. He feels comfortable with having the voters decide.
Mayor Saab said he has thought long about this issue and has too many concerns to be able to
support it. He commented on his concern with the Oversight Committee. He is concerned about Council
and staff in the next 10 to 20 years. He mentioned the issue with the Utility Users Tax and said the
revenue from that tax is now in the general fund. He worries this could be forgotten and happen again.
He said he has confidence in staff, but not in government. He has concerns about the effect it will have
on businesses in the community because there is a perception and people do not want to pay more. He
does not believe it is the proper timing and he is waiting to see the fruits of the Promenade. He is
concerned with relying on the growth of government and the predicament 20 years from now.
City Attorney Abich Garcia reviewed the resolutions. She announced one change to resolutions
one and two of the staff memo located in Exhibit A - Proposed Sales Tax Ordinance, page six, Section
6199.76, the second line should be changed to, "quarterly ", rather than, "annually" in regards to
meeting of the Oversight Committee. In regards to resolution number one, four affirmative votes of the
City Council are required in order to place this measure on the ballot.
ADOPTED RESOLUTION NO. 16 -7653, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DOWNEY CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD
ON NOVEMBER 8, 2016 TO PRESENT TO VOTERS A MEASURE TO LEVY A TRANSACTIONS
AND USE TAX OF ONE -HALF OF ONE PERCENT FOR A PERIOD OF 20 YEARS WITH AN
INDEPENDENT CITIZENS' OVERSIGHT COMMITTEE TO REVIEW EXPENDITURE OF REVENUES
AND MAKE APPROPRIATE RECOMMENDATIONS THEREFOR
It was moved by Council Member Marquez, seconded by Council Member Brossmer and
carried 4 -1 -0, with Mayor Saab voting no, to adopt Resolution No. 16 -7653, a Resolution of the City
Council of the City of Downey calling for the holding of a General Municipal Election to be held on
November 8, 2016 to present to voters a Measure to Levy a Transactions and Use Tax of One -Half of
One Percent for a period of 20 years with an Independent Citizens' Oversight Committee to review
expenditure of revenues and make appropriate recommendations therefor.
ADOPTED RESOLUTION NO. 16 -7654, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DOWNEY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES
TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION FOR THE PLACEMENT OF A MEASURE
TO LEVY A TRANSACTIONS AND USE TAX OF ONE -HALF OF ONE PERCENT FOR A PERIOD
OF 20 YEARS WITH AN INDEPENDENT CITIZENS' OVERSIGHT COMMITTEE TO REVIEW
EXPENDITURE OF REVENUES AND MAKE APPROPRIATE RECOMMENDATIONS THEREFOR
TO BE HELD ON NOVEMBER 8, 2016 WITH THE STATEWIDE GENERAL ELECTIONS TO BE
HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE
It was moved by Mayor Pro Tern Vasquez, seconded by Council Member Marquez and carried
4 -1 -0, with Mayor Saab voting no, to adopt Resolution No. 16 -7654, a Resolution of the City Council of
the City of Downey requesting the Board of Supervisors of the County of Los Angeles to consolidate a
General Municipal Election for the placement of a Measure To Levy A Transactions and Use Tax of
One -Half of One Percent for a period of 20 years with an Independent Citizens' Oversight Committee to
review expenditure of revenues and make appropriate recommendations therefor to be held on
November 8, 2016 with the Statewide General Election to be held on that date pursuant to Section
10403 of the California Elections Code.
City Council Minutes
Regular Meeting — June 28, 2016 6
In regards to resolution number three of the staff memo, City Attorney Abich Garcia explained
on page two of the resolution there are five blanks to place the names of one or two Council Members
who want to draft the argument in favor of the ballot measure and filed on behalf of the City Council.
Mayor Saab asked how the Brown Act applies to this resolution. City Attorney Abich Garcia
explained, one or two Council Members will draft the ballot argument and any additional Council
Members who want to sign the ballot argument sign it as -is. Should the signer want to change the
argument, it must be brought back to an open meeting. Because of the timeframe, it would be a
Special Meeting.
City Attorney Abich Garcia asked for the names of the drafters. Council Member Brossmer
agreed with Mayor Pro Tern Vasquez's nomination of Council Member Brossmer and himself as
drafters of the ballot argument.
City Attorney Abich Garcia asked if there were any Council Members who wished to sign the
ballot argument. Council Member Marquez indicated he would like to sign the ballot argument.
ADOPTED RESOLUTION NO. 16 -7655, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DOWNEY RELATING TO ARGUMENTS FOR AND AGAINST THE MEASURE LEVYING A
TRANSACTIONS AND USE TAX AND AUTHORIZING CERTAIN COUNCILMEMBERS TO
PREPARE THE PRIMARY WRITTEN ARGUMENT ON BEHALF OF THE CITY COUNCIL IN
SUPPORT THEREOF; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS
It was moved by Council Member Marquez, seconded by Council Member Ashton and carried
4 -1 -0, with Mayor Saab voting no, to adopt Resolution No. 16 -7655, a resolution of the City Council of
the City of Downey relating to arguments for and against the Measure Levying a Transactions and Use
Tax and authorizing certain Council Members to prepare the Primary Written Argument on behalf of the
City Council in support thereof; and directing the City Attorney to prepare an Impartial Analysis.
ADOPTED RESOLUTION NO. 16 -7656, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DOWNEY AUTHORIZING REBUTTAL ARGUMENTS FOR THE MEASURE LEVYING A
TRANSACTIONS AND USE TAX
City Attorney Abich Garcia said the community will have an opportunity to submit an argument
against the measure. This resolution will allow the rebuttal between arguments in favor and arguments
opposing the measure.
It was moved by Council Member Marquez, seconded by Mayor Pro Tern Vasquez and carried
4 -1 -0, with Mayor Saab voting no, to adopt Resolution No. 16 -7656, a resolution of the City Council of
the City of Downey authorizing rebuttal arguments for the Measure Levying a Transactions and Use
Tax.
ADOPTED RESOLUTION NO. 16 -7657, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DOWNEY CREATING AN INDEPENDENT CITIZENS' OVERSIGHT COMMITTEE
City Attorney Abich Garcia stated the fifth resolution is optional and calls for an Oversight
Committee and would go into effect if the ballot measure is approved.
Mayor Saab said he will ask for the resolution to come back to Council for review in regards to
the number of members on the Committee. City Attorney Garcia stated the ordinance proposed in
resolutions one and two call for a five member committee.
Mayor Saab voiced his concerns about the duties and qualifications of the members. City
Attorney Abich Garcia stated the resolution can be revisited in the future should the measure pass.
City Council Minutes
Regular Meeting — June 28, 2016 7
It was moved by Council Member Brossmer, seconded by Mayor Pro Tern Vasquez and carried
4 -1 -0, with Mayor Saab voting no, to adopt Resolution No. 16 -7657, a resolution of the City Council of
the City of Downey creating an Independent Citizens' Oversight Committee.
CONSENT CALENDAR
Mayor Saab took this item out of order.
Mayor Pro Tern Vasquez abstained from Item. No. 8 due to a financial conflict; Council Member
Ashton pulled Item No. 8 for discussion; and, Council Member Marquez abstained from Item No. 5.
It was moved by Council Member Brossmer, seconded by Mayor Saab and carried
unanimously, to approve the remainder of the Consent Calendar.
5. APPROVED MINUTES: Special and Regular Meeting of June 14,2016: City Clerk.
6. WARRANTS ISSUED: Warrant Nos. 304626 — 304949; Payroll Wire Nos. 30003477 — 30003482;
Manual Wire Nos. 1448 — 1449; in the total amount of $4,089,155.26: Finance.
7. AWARDED CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,943,789.50 TO SIALIC
CONTRACTORS CORP. DBA SHAWNAN; APPROPRIATED $335,958 IN REIMBURSABLE 1-
605 CONGESTION HOT SPOTS FEASIBILITY MEASURE R GRANT FUNDS FROM GAS TAX
FUNDS TO COVER THE TOTAL PROJECT COST; AUTHORIZED THE FINANCE DIRECTOR
TO BUDGET THE APPROPRIATION IN THE FY 2016 -2017 CAPITAL IMPROVEMENT
PROGRAM ACCOUNT NO. 26 -1 -6605; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR
TO EXECUTE CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK (CASH CONTRACT NO.
S.S. 605B- BELLFLOWER BLVD AT IMPERIAL HWY INTERSECTION IMPROVEMENT
PROJECT): Public Works.
9. AUTHORIZED THE MAYOR TO RENEW A PROFESSIONAL SERVICES AGREEMENT WITH
DESIREE BUSINESS MANAGEMENT TO PROVIDE INFORMATION TECHNOLOGY SUPPORT
AND PROGRAMMING FOR CITYWIDE TYLER -EDEN FINANCIAL SYSTEM: Finance.
10. APPROVED AN AMENDMENT NO. 2 TO THE AGREEMENT WITH COMPLETE LANDSCAPE
CARE, INC. FOR LANDSCAPE MAINTENANCE SERVICES: AUTHORIZED THE MAYOR TO
EXECUTE THE AMENDMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE
FUTURE AMENDMENTS: Public Works.
11. ADOPTED RESOLUTIONS PERTAINING TO THE GENERAL MUNICIPAL ELECTION OF
THREE COUNCIL MEMBER SEATS FOR DISTRICTS 1, 3, AND 5, FOR NOVEMBER 8, 2016:
City Clerk.
ADOPTED RESOLUTION NO. 16 -7649, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 8, 2016, FOR THE ELECTION OF CERTAIN
OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF
DOWNEY;
ADOPTED RESOLUTION NO. 16 -7650, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 8, 2016, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE
DATE PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE;
ADOPTED RESOLUTION NO. 16 -7651, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE
City Council Minutes
Regular Meeting — June 28, 2016 8
OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT
AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2016.
12. ADOPTED RESOLUTION NO. 16 -7652, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF DOWNEY AND THE DOWNEY FIRE MANAGEMENT ASSOCIATION (JANUARY 1, 2015 —
DECEMBER 31, 2016): Human Resources.
OTHER BUSINESS
8. APPROVED AN AGREEMENT WITH RMI INTERNATIONAL, INC., TO PROVIDE PUBLIC
PARKING SECURITY SERVICES IN THE DOWNTOWN AREA: Community Development.
Mayor Pro Tern Vasquez abstained from this item and left the dais, due to the proximity to his
place of business.
Council Member Ashton stated this particular item was discussed last year and he would like to
know why it has not gone out for bidding. City Manager Livas said one reason why this item has not
gone out for bidding is because there is still some consolidation that needs to take place in the
downtown area. He deferred to Director Schindler for more details. Director Schindler explained there
was a need to extend the agreement to avoid a gap in service for the downtown parking structure
security because the City is in the middle of the downtown parking study. Once the study is completed
in the next few months, staff will discuss if it is more cost effective to consolidate parking enforcement
with the security services and then staff will be ready to issue the RFP for security services.
Mayor Saab asked if the company does a good job. Director Schindler stated they are doing an
excellent job. There have been no complaints and staff has asked for extra services that have not been
billed to the City. They have provided additional services in patrolling the area as requested by
businesses in the area. Mayor Saab asked if the security company is responsive and has staff received
any complaints. Director Schindler stated they are very responsive and there are no difficulties
contacting them and making requests. They respond immediately and staff has not received any
complaints but good compliments. Mayor Saab asked Chief Charles if they are doing a good job
assisting. Chief Charles stated they are doing a good job.
Council Member Brossmer asked if the contract term could be shortened. Director Schindler
said it can and suggested eight months to allow the completion of the parking study. Council Member
Brossmer suggested six months. He asked Council Member Ashton if he agreed with six months and
they can revisit it then.
Council Member Ashton said his only concern is only that the contract was not put out to bid.
Mayor Saab asked if there is a termination clause. Director Schindler said there is a 30 day
termination clause.
City Attorney Abich Garcia clarified there would be an amendment to the contract, Section 3.1.2,
would change the end date of the contract from June 30, 2017 to January 30, 2017.
It was moved by Council Member Brossmer, seconded by Council Member Ashton and carried
4 -0 -1, with Mayor Pro Tern Vasquez abstaining to approve the amended contract with RMI
INTERNATIONAL, INC., to provide public parking security services in the downtown area for six
months, July 1, 2016 — January 30, 2017.
Mayor Pro Tern Vasquez returned to the dais for the remainder of the City Council Meeting.
City Council Minutes
Regular Meeting — June 28, 2016 9
PUBLIC HEARINGS
Mayor Saab took this item out of order.
1. ADOPTED A MITIGATED NEGATIVE DECLARATION AND AMENDED THE
LAKEWOOD /FIRESTONE SPECIFIC PLAN TO ALLOW GROCERY STORES WITH
INCIDENTAL ALCOHOL AND REVISE LANDSCAPE REQUIREMENTS: Community
Development.
INTRODUCED ORDINANCE 16- , AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ADOPTING A MITIGATED NEGATIVE DECLARATION AND AMENDING
THE LAKEWOOD /FIRESTONE SPECIFIC PLAN TO ALLOW GROCERY STORES WITH
INCIDENTAL ALCOHOL AND REVISING THE LANDSCAPE REQUIREMENTS
Mayor Saab opened the Public Hearing at 9:02 p.m. City Clerk Jimenez affirmed receipt of the
Proof of Publication. It was moved by Council Member Brossmer, seconded by Mayor Pro Tern
Vasquez 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 Principal Planner Blumenthal. ALDI is proposing to construct a
new 18,557 square foot grocery store on a vacant 1.76 -acre parcel that is near the corner of Lakewood
Blvd. and Firestone Blvd. As part of this request, ALDI is proposing to combine the 12 existing parcels
into a single development site and amend the Lakewood /Firestone Specific Plan to allow grocery stores
with ancillary alcohol sales and to reduce the landscape requirement along Lakewood Blvd. The site
has a General Plan Land Use Designation of General Commercial and is within the
Lakewood /Firestone Specific Plan (SP 91 -2). Specifically, the property consists of Sites 9, 10 and 11
Subarea 3 of the Specific Plan. The Planning Commission conducted a public hearing to consider the
proposed project and adopted a resolution approving a Site Plan Review and Tentative Parcel Map for
the project. It also provided a recommendation that the City Council adopt the Mitigated Negative
Declaration and amend the Lakewood /Firestone Specific Plan (SP 91 -2).
Mayor Saab asked how the delivery trucks will come into the store site. Mr. Blumenthal
explained the trucks will enter via Lakewood Blvd. The trucks will exit on Nash St. and onto Lakewood
Blvd. One Condition of Approval placed on ALDI was to rehabilitate Nash St. to accommodate the
additional truck traffic.
Council Member Brossmer asked Mr. Blumenthal to share and address the concerns of a
resident on McCahill Street. Mr. Blumenthal stated one concern was the ingress /egress to the residents
along McCahill St. He explained the traffic study did not show any type of impact to the residents of
McCahill St. for operations of this site with the mitigations put into place.
Keith Redford, Stantec Engineering, explained McCahill St. is offset from the market driveway.
There are 11 residences on McCahill St. The traffic on that street will be from the residents living there
going to the market. The traffic study conducted addressed traffic on Firestone Blvd. and Lakewood
Blvd. and Bellflower Blvd. The traffic volume on Nash St. based on 24 hours is nominal and it is at the
capacity of the street, therefore it was not included in the study. Delay for a right turn from Nash St.
onto Firestone Blvd. will not be intolerable and will not last an entire peak hour.
Mr. Blumenthal continued with the concerns of the resident on McCahill St. The next concern
was the noise that would be generated from the market site. The CEQA document indicated there
would be a noise impact particularly during construction but it was fully mitigated. The noise generated
from the loading /unloading dock will be mitigated with the block wall. Another concern was transients
occupying the property and property values.
City Council Minutes
Regular Meeting - June 28, 2016 10
Mayor Saab asked if there will be ivy planted on the wall facing Nash St. or a canvass to deter
graffiti. Mr. Blumenthal stated the conditions set are to remove graffiti within 72 hours and the wall must
be coated with graffiti resistant material. There is also landscaping between Nash St. and the block
wall. Staff will ensure the applicant starts ivy on the block wall.
Mayor Saab asked if there were any restrictions on the delivery hours. Mr. Blumenthal stated
there are no restrictions on the delivery hours. There was no ability to add them into a conditional use
permit because there was not one required for this project.
Mr. Blumenthal stated the CEQA document looked at 16 different perspectives to analyze for
potential impacts such as cultural resources, hazards, noise and traffic. All these impacts can be
mitigated to a level below significant. A Mitigated Negative Declaration is being recommended for this
proposed project.
Mayor Saab asked what the impacts to cultural resources are. Mr. Blumenthal explained due to
the proximity of the site to the railroad line, the possibility of archeological resources being found at the
site could not be ruled out. Additionally, working with Native American tribes as required by State law
potential tribal resources being found could not be ruled out. Mitigation efforts have been made to have
an archeologist and a tribal representative on site during grading operations.
Mayor Pro Tern Vasquez asked if there was a Phase 1 conducted for hazardous materials. Mr.
Blumenthal stated there was a Phase 1 conducted and mitigation measures were being addressed
during the construction phases.
Mayor Saab opened this item for public comment at 9:16 p.m.
Mani Alajarsamy, District Manager for Big Lots, commented regarding the concerns they have in
regards to the alcohol license for ALDI due to the negative impact in the area such as crime and
transients.
Mayor Pro Tern Vasquez asked Mr. Alajarsamy if he attributed alcohol to the crime in the area.
Mr. Alajarsamy said partially because they often find empty alcoholic beverage containers in their
parking lot during the mornings.
Ben Vesper, ALDI, talked about ALDI's business module. In regards to the liquor license, ALDI
is only applying for a Type 20 license which allows the sale of beer and wine. Alcohol makes up five
percent or less of ALDI's sales. There will be no single bottles of beer sold or any refrigerated alcohol
sold. Staff is trained not to sell to minors or intoxicated customers. There is a strict no loitering policy
enforced.
Mayor Saab asked what assurance can be given ALDI will work with the neighbors in the area.
Mr. Vesper stated they will work with the neighbors to alleviate any concerns and will take concerns
seriously. He said ALDI is confident they will be able to accommodate daily traffic to the store with the
amount of parking spaces. He demonstrated the shopping cart retrieval procedure they have in place at
their stores.
Mayor Saab asked if ALDI hires individuals with developmental disabilities. Mr. Vesper said he
will be happy to forward any information to operations.
Gabriel Gabriels, resident, commented regarding his concerns about the traffic issues during
peak hours at Nash St. and Firestone Blvd.
Council further discussed traffic concerns about delays during peak hours on Nash St. and
Firestone Blvd. Mr. Redford indicated the average delay at the intersection for McCahill St. residents is
minimal.
City Council Minutes
Regular Meeting — June 28, 2016 11
Mayor Pro Tern Vasquez asked regarding the condition of Nash St. Director Schindler said the
street will be resurfaced in its entirety.
Having no one else come forward, Mayor Saab closed public comment at 9:41 p.m.
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 adopting a
Mitigated Negative Declaration and amending the Lakewood /Firestone Specific Plan to allow grocery
stores with incidental alcohol and revising the landscape requirements.
2. LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT 121, FISCAL YEAR 2016/2017:
Public Works.
ADOPTED RESOLUTION NO. 16 -7646, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY CONFIRMING LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT
121 FOR FISCAL YEAR 2016/2017
Mayor Saab opened the Public Hearing at 9:42 p.m. City Clerk Jimenez affirmed receipt of the
Proof of Publication. It was moved by Mayor Saab, 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. Director Mostahkami stated this item was
asking Council to adopt a resolution confirming the Lighting and Landscape Assessment District 121 for
Fiscal Year 2016/2017.
Mayor Saab opened this item for public comment at 9:43 p.m. Having no one come forward,
Mayor Saab closed the public hearing at 9:43 p.m.
It was moved by Mayor Pro Tern Vasquez, seconded by Mayor Saab and approved
unanimously, to adopt Resolution No. 16 -7646, a Resolution of the City Council of the City of Downey
confirming Lighting and Landscape Assessment District 121 for Fiscal Year 2016/2017.
4. CITY FEE RESOLUTION: Finance.
ADOPTED RESOLUTION NO. 16 -7648, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ESTABLISHING A UNIFORM SCHEDULE OF FEES
Mayor Saab opened the Public Hearing at 9:54 p.m. City Clerk Jimenez affirmed receipt of the
Proof of Publication. It was moved by Council Member Brossmer, seconded by Mayor Pro Tern
Vasquez 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 City Manager Livas. He said italicized changes were provided
in the staff report. These fees are recuperated at direct costs to residents seeking services from the
City. Examples are services individuals will pay if they rent a room at the park or want to obtain a
certain type of permit. These are the costs associated with performing the duties for this process.
Mayor Pro Tern Vazquez inquired regarding the emergency transportation fees. Fire Chief
Gillaspie said they are working with the client in regards to the fees based on the frequency of the
emergency transportation services.
City Council Minutes
Regular Meeting — June 28, 2016 12
Mayor Pro Tern Vasquez commented regarding the concerns of the facilities that need to
provide emergency services to patients several times a day. Fire Chief Gillaspie explained some
facilities have challenged the fees previously approved by Council. There are a total of three facilities
that are affected.
Mayor Saab indicated he is fine with keeping the current policy.
Council Member Ashton said they want to ensure the system if not being used for non -
emergency services.
Chief Gillaspie said some of the facilities have subscribed to the paramedic subscription
program. Businesses can sign up and identify who they are.
City Manager Livas asked Council to approve the fees and return to Council with more
information about the paramedic subscription program.
Mayor Pro Tern Vasquez asked if Development Impact Fees are part of this fee schedule. City
Manager Livas said they are not included in this schedule and it was previously discussed to look at the
Development Impact Fees and bringing in a consultant to review the fees.
Mayor Saab said most increases are in Public Works, Library, and Theatre.
Mayor Saab asked if anyone from the audience would to comment.
Having no one come forward, Mayor Saab closed the public hearing at 10:04 p.m.
It was moved by Mayor Pro Tern Vasquez, seconded by Council Member Ashton and approved
unanimously, to adopt Resolution No. 16 -7648, a Resolution of the City Council of the City of Downey
establishing a Uniform Schedule of Fees.
3. PROPOSED BUDGET FOR 2016 -17 FISCAL YEAR: Finance.
ADOPTED RESOLUTION NO. 16 -7647, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ADOPTING THE FISCAL YEAR 2016 -17 BUDGET AND THE ANNUAL
APPROPRIATIONS LIMIT
Mayor Saab opened the Public Hearing at 10:04 p.m. City Clerk Jimenez affirmed receipt of the
Proof of Publication. It was moved by Council Member Ashton, seconded by Mayor Pro Tern Vasquez
and so ordered by the Mayor to receive and file. City Clerk Jimenez noted there was no
correspondence received.
City Manager Livas stated this year's budget was a balanced budget. He thanked the Budget
Committee and City staff who works on the budget and prepares the document.
The staff report, by Director Gandhy, provided a brief explanation of the budget summary. He
indicated beginning reserves for July 1, 2016 are $29.6 million; proposed operating revenue budget is
$79.7; proposed operating appropriation is $79.7; and budget surplus is $3,846. He added during the
Council Meeting of June 2, 2016, the Council added and additional $500,000 to the Police Department
budget for license plate readers; and during the Council meeting of June 14, 2016 the Council added
and additional $450,000 for park improvements. The ending reserves projected for June 30, 2017 are
$28.7 million. Revenue and expenditures for 2015 -16 are aligning with the budget. The economy
continues to show growth. All planning and building fees are doing well. The challenges ahead are
keeping up with street maintenance and park maintenance. There is no additional money allocated for
new police cars this year. He talked about the components of CalPERS and commented on the
Governor's budget and said the Governor indicates a recession is coming.
City Council Minutes
Regular Meeting — June 28, 2016 13
Mayor Saab asked if there has always been a deferred maintenance.
City Manager Livas said some of the deferred maintenance is due to the economy. When the
economy was good the City was putting money into the deferred maintenance account but there was a
significant cut with the recession.
Mayor Saab asked if anyone from the public would like to comment.
Having no one come forward, Mayor Saab closed the Public Hearing at 10:15 p.m.
Mayor Saab thanked Director Gandhy, City Manager Livas, Assistant City Manager Oskoui, City
Manager's Office staff and all the Department Heads. He commented on the budget awards won the
last couple of years. He believes the budget demonstrates commitment and transparency.
Mayor Pro Tern Vasquez thanked staff for an amazing job. He thanked the Budget
Subcommittee.
Council Member Marquez thanked City staff and the Budget Subcommittee. He acknowledged
the Department Heads and City Manager Livas for always preparing well and being fiscally responsible.
He is proud of staff and the Council.
Council Member Ashton thanked staff and the Budget Subcommittee for their work on the
budget.
Council Member Brossmer asked how many license plates readers will be purchased with the
additional $500,000. Chief Charles said license plate readers will be installed at all major intersections
in the City. This will have a positive impact and protect the City. Council Member Brossmer asked what
the additional $450,000 for the parks will provide. City Manager Livas said some of the fund will
address the Park Master Plan goals such as the soccer fields. Council Member Brossmer asked for
more information on what the funds will be used for and what the next step will be. He would like more
clarification. City Manager Livas said staff will plan and determine costs and return to Council with more
details.
It was moved by Mayor Pro Tern Vasquez, seconded by Mayor Saab and approved
unanimously, to adopt Resolution No. 16 -7647, a Resolution of the City Council of the City of Downey
adopting the Fiscal Year 2016 -17 Budget and the annual appropriations limit.
STAFF MEMBER COMMENTS: None.
ADJOURNMENT
Mayor Saab adjourned the Regular City Council Meeting at 10:24 p.m.
6� ) lv4c,
ADRIA M. JIMENE , MM
City Clerk
City Council Minutes
Regular Meeting — June 28, 2016 14
ALEX SAAB
Mayor