HomeMy WebLinkAbout03. Minutes - 08-14-18 - Regular MeetingCity Council Minutes
Regular Meeting – August 14, 2018 1
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
AUGUST 14, 2018
The City Council of the City of Downey held a Regular City Council Meeting on August 14,
2018, at 6:39 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue,
Downey, California, Mayor Ashton presiding.
PRESENT: Council Members:
Sean Ashton Mayor
Rick Rodriguez Mayor Pro Tem
Blanca Pacheco Council Member
Alex Saab Council Member (excused)
Fernando Vasquez Council Member
ALSO PRESENT: Gilbert Livas, City Manager
Yvette M. Abich Garcia, City Attorney
John Oskoui, Assistant City Manager
Carl Charles, Chief of Police
Mark Gillaspie, Fire Chief
Delfino Consunji, Public Works Director
Pamela Passow, Parks & Recreation Director
Anil Gandhy, Finance Director
Alicia Duarte, CMC, City Clerk
The Invocation was delivered by Mayor Pro Tem Rodriguez. The Pledge of Allegiance was led
by Council Member Pacheco.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Pacheco welcomed the audience to the meeting. She recognized Chad Oberly,
Michael Calvert, Joanna Peterson, and members of Courage Forward in the audience. She reported
attending the last Concert in the Park, MADE Culmination Celebration and a ride-a-long with the Police
Department. She thanked the Police Department for their service. She also attended the Gangs Out of
Downey BBQ & Backpack Giveaway and National Night Out. She announced upcoming events:
Havana Nights Rooftop Concert, Rocket Fever and, Downey Rose Float Association Hot Havana
Nights. She invited the audience to attend Coffee with a Council Member at CMSC on August 29.
Council Member Vasquez congratulated Mayor Ashton on his reelection and said he hopes to
see a healthy and productive campaign season. He reported attending National Night Out and
announced he will be attending Havana Nights Rooftop Concert. He commended the Planning
Department for providing good customer service to the residents. He reported attending a discussion at
Catholic Association of Latinos Leaders with guest speaker Maria Contreras-Sweet, who spoke on
economic empowerment and her interest in visiting the City of Downey to observe the future
accelerator incubator project.
Mayor Pro Tem Rodriguez welcomed the audience to the meeting. He acknowledged his wife in
the audience. He reported attending: Gangs Out of Downey BBQ & Backpack Giveaway, National Night
Out and the Christian Business Association Luncheon, a program dedicated to raising money to assist
unmarried teenage mothers and send packages to deployed forces. He acknowledged the Lions Club
for sponsoring 37 children from the community at a Walmart school shopping spree. He attended the
Clergy Council meeting where City of Hope and the Department Family and Children Services
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Regular Meeting – August 14, 2018 2
discussed foster kid’s program and Downey First Christian Church discussed their food bank. He
reported attending a Homeless Roundtable and reported veteran’s homelessness in L.A. County
decreased 18 percent, chronic homelessness decreased 16 percent, youth housing placement
increased 43 percent and the overall housing number in Downey have decreased to 180. He
acknowledged the volunteers, churches and Police Department for their assistance with the
homelessness efforts.
Mayor Ashton welcomed the audience to the meeting. He thanked the public for allowing him to
continue serving on the City Council for an additional four years, as he is running unopposed. He
requested staff research cancelling the District 2 election for cost saving efforts; he requested staff
establish a Fire Memorial Subcommittee; and, lastly he requested staff address removing the foliage in
front of the Downey Chamber of Commerce. He announced upcoming events: Havana Nights Rooftop
Concert, Rocket Fever at CSMC, and McDonald’s 65th Anniversary Celebration.
Mayor Pro Tem Rodriguez invited owners of vintage cars to attend the McDonald’s Anniversary
Celebration for the car show.
PRESENTATIONS
1. Mayor Ashton presented the Mayor’s Hero of the Meeting Award to Pablo Moreno.
2. Presentation to City Council by Courage Forward.
RECESS/RECONVENE
Mayor Ashton recessed the City Council meeting at 7:13 p.m. Mayor Ashton reconvened the City
Council meeting at 7:18 p.m.
PUBLIC HEARING:
1. COMMUNITY DEVELOPMENT BLOCK GRANT SECTION 108 LOAN AMENDMENT: Community
Development.
ADOPTED RESOLUTION NO. 18-7835, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AUTHORIZING THE CITY MANAGER TO SUBMIT TO THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AN AMENDMENT TO AN
EXISTING $3.0 MILLION 108 LOAN AGREEMENT PURSUANT TO SECTION 108 OF THE
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AS AMENDED
Mayor Ashton opened the Public Hearing at 7:18 p.m. City Clerk Duarte affirmed receipt of the
Proof of Publication. It was moved by Council Member Vasquez, seconded by Mayor Pro Tem
Rodriguez and so ordered by the Mayor item received and filed. City Clerk Duarte noted no
correspondence was received.
The staff report was provided by Aldo Schindler, Community Development Director. The U.S.
Department of Housing and Urban Development (HUD) provided the City with its annual Community
Development Block Grant (CDBG) funds. These federal grants and loans are available for:
neighborhood improvement programs, economic development strategies, and improvement of public
facilities for low- and moderate-income households. HUD created the Section 108 loan program as a
financing option for larger projects which leverage the City's annual CDBG allocation as security to
borrow funds. $3 million of Section 108 loan capacity is available to the City. The annual payment on
the proposed HUD loan will be made from the City's CDBG entitlement grant, The loan will have a 20
year repayment schedule with the intent to obtain the lowest possible annual payment and the City will
continue to fund our social service providers, which support the needs of the City's low and moderate
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Regular Meeting – August 14, 2018 3
income residents. Staff is recommending $3 million of the CDBG Section 108 loan program be used
towards the development of the 5-acre Rancho Los Amigos South Campus Sports Field Project.
Mayor Ashton asked if this was an amendment to a previous designated project and location.
Director Schindler explained it was for the unsuccessful Neighborhood Inspiration Center located south
of the Columbia Memorial Space Center.
Mayor Pro Tem Rodriguez expressed his support for funding for the Rancho Los Amigos South
Campus Sports Field project.
Mayor Ashton opened the item for public comment at 7:25 p.m.
Armando Herman, resident, commented in opposition of Item No. 1.
Having no one else come forward, Mayor Ashton closed public comment at 7:30 p.m.
Mayor Ashton commented in support of the funding for the Rancho Los Amigos South Campus
Sports Field project.
It was moved by Mayor Pro Tem Rodriguez, seconded by Council Member Pacheco and carried
unanimously, with Council Member Saab excused to adopt Resolution No. 18-7835, a Resolution of the
City Council of the City of Downey authorizing the City Manager to submit to the Department of
Housing and Urban Development an amendment to an existing $3.0 million 108 Loan Agreement
Pursuant to Section 108 of the Housing and Community Development Act of 1974 as amended.
2. APPROVED AND AUTHORIZED THE MAYOR TO EXECUTE AN OPERATING COVENANT
AGREEMENT WITH GIANT INLAND EMPIRE R.V. CENTER INC. (DBA GIANT RV) FOR A
SALES TAX REBATE AND JOBS CREATION COVENANT, REGARDING THE DEVELOPMENT
OF A NEW GIANT RV DEALERSHIP AT 11111 FLORENCE AVE: Community Development.
ADOPTED RESOLUTION NO. 18-7836, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING AN OPERATING COVENANT AGREEMENT WITH GIANT
INLAND EMPIRE R.V. CENTER, INC.
Mayor Ashton opened the Public Hearing at 7:32 p.m. City Clerk Duarte affirmed receipt of the
Proof of Publication. It was moved by Mayor Pro Tem Rodriguez seconded, by Council Member
Pacheco and so ordered by the Mayor item received and filed. City Clerk Duarte noted no
correspondence was received.
Council Member Vasquez announced he would be abstaining from Item No. 2, and left the dais.
The staff report was provided by Aldo Schindler, Community Development. Giant RV
approached staff in August 2014 to negotiate a sales tax rebate and operating covenant agreement
with the City. During that time Giant RV had to deal with pressing business matters which prolonged the
negotiations and subsequently delayed the execution of the Agreement. Regardless, Giant RV had
remained committed to the site and made a financially strategic decision to proceed with designs,
construction plans, city entitlements, building permits and Planning Commission approval to open an
RV dealership in Downey, pending a subsidy. The City and Giant RV would use the sales tax proceeds
and up to $504,000 over seven years rebated annually and create 55 new full-time jobs. The sales tax
rebate allows the City and Giant RV to use the vacant land. The move-in, renovation and upgrades for
an RV dealership are extremely costly for all sites and Giant RV has invested over $2 million dollars. In
terms of the agreement, after the first year of operation, if the net taxable sales received by the City
exceed $180,000 the City would rebate Giant RV 26%, up to a maximum of $72,000 per year. The
rebate shall not exceed $504,000 over the seven year term of the Agreement. It is estimated the City
will receive an additional $2,500,000 in tax revenues during t he seven years of the agreement and the
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Regular Meeting – August 14, 2018 4
City’s obligation would end after the seven years of the execution of the Operating Covenant
Agreement. Giant RV would create 55 full-time jobs and staff would monitor the agreement annually.
The City hired a financial and real estate services consultant and conducted financial analysis of Giant
RV’s past, current and future revenue and debt, to determine the financial need. Under the provisions
of State of California Assembly Bill 562, local agencies are required to provide specified information to
the public before approving an economic development subsidy within its jurisdiction, and to review, hold
hearings, and report on those subsidies at specified intervals. Staff is conducting a City Council Public
Hearing on this matter, has placed the appropriate public notices, and has posted the Economic
Development Strategy Job Retention analysis on the City’s website for public viewing that will comply
with the continued public reporting provisions mandated by AB 562.
Mayor Ashton asked if the agreement ends at seven years or when the $504,000 is met.
Director Schindler confirmed the agreement will end when the $504,000 is met even if it’s before seven
years.
Mayor Pro Tem Rodriguez commented in favor of the operating agreement covenant agreement
with Giant RV and thanked Director Schindler for his efforts in bringing them to the City.
Council Member Pacheco also agreed in favor of the development of the site.
Mayor Ashton opened for public comment at 7:42 p.m.
Armando Herman, resident, commented against the operating covenant agreement.
Having no one else come forward, Mayor Ashton closed public comment at 7:47 p.m.
Mayor Ashton asked if staff took into consideration the construction taking place in the area and
if it would affect sales due to the limited accessibility. Director Schindler stated the construction was
taken into consideration.
It was moved by Mayor Pro Tem Rodriguez, seconded by Council Member Pacheco and carried
unanimously with Council Member Vasquez abstaining and Council Member Saab excused to adopt
Resolution No. 18-7836, a Resolution of the City Council of the City of Downey approving an Operating
Covenant Agreement with Giant Inland Empire R.V. Center, Inc.
NON-AGENDA PUBLIC COMMENT
Armando Herman, resident, commented in regards to the Brown Act, homelessness and people
with disabilities.
Allen Halstensgaard, resident, commented in opposition of abortion.
Marilyn Olaf, Bellflower resident, commented in regards to parking issues on Columbia Way in
front of Good Shepard Lutheran Church.
Having no one else come forward, Mayor Ashton closed public comment.
CONSENT CALENDAR
Council Member Vasquez abstained from Item No. 17 due to the proximity to his property.
Mayor Ashton abstained from the Special Meeting Minutes of February 14, 2017.
Mayor Ashton asked if there was anyone present who would like to comment on Consent
Calendar items.
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Regular Meeting – August 14, 2018 5
Armando Herman, resident, commented regarding Item Nos. 5, 6, 11, and 13.
Having no one come forward, Mayor Ashton closed public comment.
It was moved by Council Member Vasquez, seconded by Mayor Pro Tem Rodriguez and carried
unanimously with Council Member Vasquez abstaining from Item No. 17, Mayor Ashton abstaining from
the Special Meeting Minutes of February 14, 2017 and, Council Member Saab excused to approve the
Consent Calendar.
3. AP PROVED MINUTES: Special Meetings of February 14, 2017 and October 2, 2017; and, Regular
Meetings of February 14, 2017; March 14, 2017; and, April 11, 2017: City Clerk.
4. WARRANTS ISSUED: Warrant Nos. 325718 – 326348 (Check #326108 was voided and replaced
with Wire #1718); Payroll Wire Nos. 30003774, 3000779 – 30003784 and 30003786 – 30003789
and, Manual Wire Nos. 1713 – 1735; in the total amount of $22,621,231.20: Finance.
5. APPROPRIATED $3,000,000 FROM MEASURE S FUNDS TO MAKE NEEDED FIRE
COMMUNICATIONS IMPROVEMENTS INCLUDING THE PURCHASE OF DISPATCH
CONSOLES, ASSOCIATED INFRASTRUCTURE, RADIOS AND MOBILE DATA COMPUTERS:
Fire.
6. AUTHORIZED EQUIPMENT PURCHASES FOR THE POLICE AND FIRE DEPARTMENTS
USING MEASURE “S” FUNDS: Police.
7. AWARDED A CONTRACT TO F.M. THOMAS AIR CONDITIONING, INC. FOR THE
REPLACEMENT OF CHILLER CONDENSER COILS AT THE COLUMBIA MEMORIAL SPACE
CENTER; AUTHORIZED THE MAYOR TO EXECUTE THE CONTRACT; AND, APPROPRIATED
$37,500 FROM GENERAL FUND BALANCE TO COVER THE COST OF THE WORK (CAPITAL
IMPROVEMENT PROJECT NO. 19-16): Public Works.
8. APPROVED AN AGREEMENT WITH NIEMELA PAPPAS & ASSOCIATES FOR STATE
LEGISLATIVE ADVOCACY SERVICES: Administration.
9. APPROVED AN UPDATED AGREEMENT THAT IMPLEMENTS A FEE INCREASE FOR SALES,
USE AND TRANSACTIONS TAX AUDIT AND INFORMATION SERVICES WITH HINDERLITER,
de LLAMAS AND ASSOCIATES (HDL): Finance.
10. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH MUNISERVICES, LLC. FOR
UTILITY USERS TAX (UUT) COMPLIANCE AUDIT AND REVENUE PROTECTION RECOVERY
AND CONSULTING SERVICES: Finance.
11. APPROVED MOU BETWEEN CITY OF DOWNEY AND DOWNEY UNIFIED SCHOOL DISTRICT
(DUSD) EXPANDING THE DOWNEY ONE CARD FOR LIBRARY ACCESS TO STUDENTS
FROM BOTH DUSD HIGH SCHOOLS: Library.
12. AUTHORIZED THE DIRECTOR OF PARKS AND RECREATION TO EXECUTE AN
AUTHORIZATION TO GIVE SJM INDUSTRIAL RADIO THE AUTHORITY TO SUBMIT AND
OBTAIN THE FEDERAL COMMUNICATION COMMISSION (FCC) LICENSE: Park and
Recreation.
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Regular Meeting – August 14, 2018 6
13. HIGHWAY SAFETY IMPROVEMENT PROGRAM CYCLE 9 – APPROVED THE SUBMITTAL OF
FUNDING APPLICATIONS: Public Works.
ADOPTED RESOLUTION NO. 18-7837, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE SUBMITTAL OF FUNDING APPLICATIONS FOR THE
FIRESTONE BLVD. CORRIDOR SAFETY ENHANCEMENTS, TWEEDY LN. AT LUBEC ST.
TRAFFIC SIGNAL INSTALLATION, FOSTER RD. AT ARDIS AVE./CHARLEMAGNE AVE.
TRAFFIC SIGNAL INSTALLATION AND TRAFFIC SIGNAL UPGRADES AT THE
LAKEWOOD BLVD. AT THE 3RD ST. AND ALAMEDA ST. INTERSECTIONS AND THE
FLORENCE AVE. AT DOWNEY AVE. AND BROOKSHIRE AVE. INTERSECTIONS UNDER
THE FEDERAL HIGHWAY SAFETY IMPROVEMENT PROGRAM, CYCLE 9.
14. ADOPTED ORDINANCE NO. 18-1398, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DOWNEY TO ADOPT A ZONE CHANGE (PLN-17-00145) TO REZONE PROPERTY
LOCATED AT 10303 DOWNEY AVENUE AND 10221 DOWNEY AVENUE TO R-2 (TWO-FAMILY
RESIDENTIAL): Community Development.
15. AUTHORIZED STAFF TO SUBMIT A GRANT REQUEST FOR THE 2018 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM LOCAL SOLICITATION: Police.
16. RECEIVED AND FILED THE 2017 GENERAL PLAN ANNUAL PROGRESS REPORT:
Community Development.
17. AUTHORIZED A STREET CLOSURE FOR THE CITY OF DOWNEY’S INTERNATIONAL FOOD
AND MUSIC FESTIVAL EVENT SCHEDULED FOR SATURDAY, SEPTEMBER 15 TH: Parks &
Recreation.
18. APPROVED REDUCED ADMISSION TO COLUMBIA MEMORIAL SPACE CENTER FOR KCET
MEMBERS DURING SEPTEMBER 2018: CMSC.
ADMINISTRATIVE REPORTS: None.
STAFF MEMBER COMMENTS:
City Manager Livas thanked the City Council for the accomplishments made with the use of
Measure S funds. He stated Mr. Oskoui will be providing the Council with an update and status report
on the design phase for the City parks. He mentioned the City continues to expand its base and to seek
economic opportunities to bring forth for Council’s consideration. He thanked Council for their hard work
and thanked Juddy Montenegro for her help with the Clergy Council.
ADJOURNMENT
Mayor Ashton adjourned the regular City Council meeting at 8:09 p.m. in memory of Police
Officer Diego Moreno, of the Kent, Washington Police Department killed in the line of duty; Firefighter
Nathan Flynn, of the Howard County, Washington Fire Department killed in the line of duty; Firefighter
Captain Brian Hughes who died fighting the Ferguson Fire; Joseph Sanfelippo, Downey resident and
CERT member; Don Ray Smith, bulldozer operator; Firefighter Jeremy Stoke, City of Redding, and all
victims of the Carr Wildfire.
MARIA ALICIA DUARTE, CMC SEAN ASHTON
City Clerk Mayor