HomeMy WebLinkAboutMinutes 05-22-18 Regular MeetingJ1 I I k, Ili 11 walilm
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REGULAR MEETING
MAY 22, 2018
The City Council of the City of Downey held a Regular City Council Meeting on May 22, 2018, at
6:35 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey,
California, Mayor Ashton presiding.
PRESENT: Council Members:
Sean Ashton
Rick Rodriguez
Blanca Pacheco
Alex Saab
Fernando Vasquez
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
ALSO PRESENT: Gilbert Livas, City Manager
Yvette M. Abich Garcia, City Attorney
John Oskoui, Assistant City Manager
Shannon DeLong, Assistant to the City Manager
Carl Charles, Chief of Police
Mark Gillaspie, Fire Chief
Ed Norris, Interim Public Works Director
Pamela Passow, Parks & Recreation Director
Anil Gandhy, Finance Director
Alicia Duarte, CMC, City Clerk
The Invocation was delivered by Pastor Nelson Feliciano, New Season L.A/Downey. The
Pledge of Allegiance was led by Diana Baliscao, President of the Downey High Kiwins.
ANNOUNCEMENTS;COUNCIL MEMBER AFOR FUTURE AGENDA ITEMI
Council Member Saab welcomed the audience to the meeting. He mentioned this is an exciting
time of year to recognize the hard work of teachers, principals and school administrators. He
acknowledged Martha Sodetani, Principal Cid, Ms. Box, and Dr. Estevez in the audience. He welcomed
the new Downey Police Officers and wished them a successful and safe career. He acknowledged
Michael Calvert, Joanna Peterson, Captain McDaniel, and CERT Members in the audience. He
mentioned Cert Members are trained to assist the community in case of a natural disaster. He thanked
them for their time and service. He reported attending the California Contract Cities Association
Seminar and commented regarding the session related to Public Safety where they discussed the issue
of mental health, homelessness and substance abuse. He assured the audience that Downey has
already begun to address these types of issues in the community. He asked staff to research the
Planning Commission's authority as it relates to food and alcoholic sales in the downtown business
area. He reminded the audience that City Hall will be closed Monday in observance of Memorial Day
and invited them to participate in the Memorial Day festivities at the Downey Cemetery. He announced
upcoming events: Century 21 My Real Estate City Appreciation Day and the Downey Greek Festival.
Council Member Pacheco welcomed the audience to the meeting. She acknowledged the
Downey Police Officers in the audience. She reported attending Pizza with a Cop, Congresswoman
Lucille Roybal-Allard's Student Art Competition and announced a student from Downey High School
received 2nd place in the competition. She attended the Downey Adult School Dental Lab ribbon cutting
event, Soroptimist Scholarship Award Celebration Breakfast, grand opening of the Farmer's
City Council Minutes
Regular Meeting — May 22, 2018
Market at Rancho Los Amigos, and the Coordinating Council Recognition Dinner. She announced
upcoming events: Mayor's Prayer Breakfast and opening of the swimming pool for recreational
swimming.
Council Member Vasquez welcomed the audience to the meeting. He acknowledged Laurie
Tyler in the audience. He thanked Chief Charles and said he is proud of what has been done with the
Police Department. He welcomed the new Downey Police Officers. He stated he will be giving a
commencement speech at ATC Vocational School. He mentioned the Armed Forces is another career
option. He reported attending the California Contract Cities Association Seminar and reported on the
session related to public safety where they discussed substance abuse. He commented on the
importance of helping family members and friends suffering with this type of issues to receive the help
they need.
Mayor Pro Tem Rodriguez acknowledged his granddaughter and future U.S. Army Soldiers in
the audience. He reported attending the Public Works Appreciation Breakfast and thanked the Public
Works Department and Interim Public Works Director Ed Norris for their work. He reporting attending
the grand opening of the Farmer's Market at Rancho Los Amigos and the California Contract Cities
Seminar and reported on the session related to public safety where they discussed 30% of men booked
into the men's county jail on a yearly basis suffer from mental health issues. He mentioned the Downey
Police Department is fortunate to have a mental health professional ride along with officers three times
a week to assist any individual that is contacted and suffers from mental health issues. He said the City
is ready to help anyone that is experiencing homelessness. He thanked Chief Charles and the Police
Department for their service.
Mayor Ashton welcomed the audience to the meeting. He reported attending the California
Contract Cities Association Seminar and reported on the session related to public safety where they
discussed the current opioid epidemic and preventive services, as well as an Assembly Bill being
considered which would allow first responders to transport patients to a recovery centers instead of the
emergency room. He reported attending the Warren High School AVID Student Recognition Program
and congratulated the graduating Class of 2018. He mentioned a community meeting hosted by Metro
which was held at the Downey Council Chambers to discuss the proposed Eco Rapid West Santa Ana
Branch line. He mentioned Metro will hold a meeting to decide on possible routes for the West Santa
Ana Branch and encouraged those interested to attend the meeting and provide input. He said
Supervisor Hahn will be providing transportation to those wishing to attend and anyone interested
should contact him directly for more information.
Council Member Pacheco acknowledged her parents in the audience.
Council Member Saab asked staff to address the repainting of the light poles throughout the
City. He acknowledged Teacher Alex Gaytan in the audience.
1. Mayor Ashton presented the Mayor's Downey DNA Award to Debbie Jimenez.
2. Mayor Ashton presented the Mayor's Hero of the Meeting Award to Christopher Garrido
3. Mayor Ashton with assistance from Rakdy Khlok, Emergency Manager, presented Certificates of
Recognition to CERT Training Graduates.
4. Mayor Ashton with assistance from Chief Charles introduced new Downey Police Officers to the
community.
5. Mayor Ashton with assistance from Mayor Pro Tem Rodriguez recognized future United States
Army Soldiers from the City of Downey.
City Council Minutes
Regular Meeting — May 22, 2018 2
6. Mayor Ashton presented a Proclamation in honor of Teacher Appreciation Week to Dr. John Garcia
and Downey Unified School District teachers and administrators.
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Mayor Ashton recessed the City Council meeting at 7:47 p.m. Mayor Ashton reconvened the
City Council meeting at 7:56 p.m.
PUBLIC HEARING:
FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT
PARTNERSHIP GRANTS FY 2018-19 ANNUAL ACTION PLAN: Community Development.
MODIFYr TRANSMIT THE DOCUMENT AND THE REQUIRED CERTIFICATION TO
THE APPROPRIATION FROM THE U.S DEPARTMENT OF HOUSING AND URBJ
DEVELOPMENT; AND,
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Mayor Ashton opened the Public Hearing at 7:57 p.m. City Clerk Duarte affirmed receipt of the
Proof of Publication. It was moved by Council Member Saab, seconded by Council Member Vasquez
and so ordered by the Mayor to receive and file. City Clerk Duarte noted no correspondence was
received.
The staff report was provided by Aldo Schindler, Director of Community Development. The U.S.
Department of Housing and Urban Development (HUD) provides the City with its annual Community
Development Block Grant (CDBG) and Home Investment Partnership (HOME) funds. These federal
grants are available for: affordable housing activities, neighborhood improvement programs, economic
development strategies, improvement of public facilities, and support for needed public services for low -
and moderate -income households, within eligible census tracts. The City is required to prepare an
Action Plan every year. The Action Plan serves as the City's application for the CDBG and HOME
grants. The Action Plan must be submitted to HUD and is a prerequisite for receiving the federal CDBG
and HOME grants. In the course of developing this proposed Action Plan, staff scheduled two public
hearings and three community meetings. The first hearing was held on February 13, 2018, and the
community meetings were held on April 19, 26, and May 5, 2018. These meetings were marketed on
the City's website and social media accounts, as well as in the Downey Patriot, and via flyers
distributed through the City's community centers. This year during the community meetings, there were
zero attendees and no public comments received. The City will receive a total of $1,532,615 in HUD
grant funding during fiscal year 2018-19, $1,070,413 in CDBG and $462,202 in HOME funds. The
CDBG grant allocation increased by just above eight percent or $89,824 and the HOME grant allocation
increase by almost 28 percent or $128,277. Additionally, staff anticipates program income from the
repayment of home improvement loans and funds carrying over from the prior year resulting on a
CDBG program year budget of $1,494,071 and HOME program year budget of $1,009,853. Director
Schindler provided a list of proposed 2018-2019 Action Plan programs.
Council Member Vasquez inquired if Gangs Out of Downey was included as service providers.
Director Schindler responded they were not.
City Council Minutes
Regular Meeting — May 22, 2018 3
Council Member Saab explained funds are given to staff organizations that provide services.
Director Schindler explained funds are provided to organizations that have the capacity of an
administrative staff, receive federal funds and provide quarterly reports.
Council Member Saab asked Director Schindler if they are seeking approval of funding.
Director Schindler answered staff is requesting approval of funding allocation as listed on the staff
report.
Mayor Ashton opened this item for public comment at 8:04 p.m.
Having no one come forward, Mayor Ashton closed public comment at 8:04 p.m.
Council Member Saab expressed his concern in regards to the funds being appropriated to
assist the program proposed by Courage Forward.
Mayor Pro Tem Rodriguez suggested supporting programs such as Whole Child, TLC and 10-
20 Club for these type of funding.
Council Member Saab mentioned being pleased with the increase of funds and agrees
accepting the proposed distribution of funds.
Council Member Vasquez mentioned in the past there was a 70% reduction of federal grants
and fortunately the City receives a direct allocation.
Council Member Vasquez offered his assistance to Mayor Pro Tem Rodriguez in finding
additional funds or organizations to support Courage Forward.
It was moved by Council Member Vasquez, seconded by Council Member Saab and carried
unanimously to approve the Federal Community Development Block Grant and Home Investment
Partnership Grants FY 2018-19 Annual Action Plan.
Mayor Ashton opened non agenda public comment.
Elizabeth Ritter, resident, commented in regards to coyote sightings in the area of Old River
School Rd. and Florence Ave.
City Manager Livas commented regarding the City's Coyote Action Plan.
Mayor Pro Tem Rodriguez informed Ms. Ritter of hazing and taking precautionary actions.
Having no one else come forward, Mayor Ashton closed public comment.
Mayor Ashton asked if there was anyone present who would like to comment on Consent
Calendar items.
Having no one come forward, Mayor Ashton closed public comment.
It was moved by Council Member Vasquez, seconded by Council Member Saab and carried
unanimously to approve the Consent Calendar.
City Council Minutes
Regular Meeting — May 22, 2018 4
2. APPROVED MINUTES: Special Meeting of May 8, 2018; Regular Meeting of April 24, 2018: City
Clerk.
3. WARRANTS ISSUED: Warrant Nos. 323597 — 324028; Payroll Wire Nos. 30003748, 30003751 —
30003752 and 30003754 — 30003756; and, Manual Wire numbers are 1692 — 1697; in the total
amount of $3,640,349.42: Finance.
4. AUTHORIZED THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH SACRAMENTO
PROGRAM:METROPOLITAN FIRE DISTRICT FOR ADMINISTRATIVE COST RECOVERY THROUGH THE
GETAT Fire.
6. APPROVED A PROFESSIONAL SE -JOHN KALINSKI
CommunityARCHITECTS ("JKA") FOR PREPARATION OF A MANSIONIZATION STUDY COUPLED WITH
NEW SINGLE-FAMILY RESIDENTIAL DEVELOPMENT STANDARDS, IN AN AMOUNT NOT TO
EXCEED $91,366.00; AND, AUTHORIZED THE MAYOR TO SIGN THE AGREEMENT:
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APPROVED A PROFESSIONALFOR
ARCHITECTURAL AND ENGINEERING DESIGN SERVICESOF OF r OWNEY
LIBRARY: Administration.
ADOPTED RESOLUTION NO. 18-7804, A RESOLUTIONOF • OF
OF DOWNEY MAKING AN ELECTION TO RECEIVE PAYMENTS PURSUANT TO CALIFORNIA
HEALTH AND SAFETY CODE•' .1 FOR DOWNEY REDEVELOPMENT
(ALSOPLAN KNOWN AS DOWNEY PROJECT NO. 1 AND DOWNEY PROJECTNO.
CommunityDevelopment.
0LIGHTING AND LANDSCAPING DISTRICT,DISTRICT 121, FISCAL YEAR 2018-
2019:• •
ADOPTED RESOLUTION N• 18-7805, A RESOLUTIONOF • OF
CITY OF DOWNEY APPROVING••- •- ASSESSMENTS WITHI
THE LIGHTING AND LANDSCAPE DISTRICT,DISTRICT •
YEAR 2018-2019;
City Council Minutes
Regular Meeting — May 22, 2018 5
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12. ADOPTED THE CITY-WIDE TITLE VI LANGUAGE ACCESS PLAN IN COMPLIANCE WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964: Administration.
13. APPROVED THE FORMATION OF A DOWNEY CLERGY COUNCIL: Mayor Pro Tem Rodriguez.
14. RESOLUTION OF INTENTION TO ESTABLISH THE DOWNTOWN COMMUNITY BENEFIT
DISTRICT: Community Development.
RECEIVED AND FILED THE DOWNEY COMMUNITYDISTRICT PETITION
RESULTS;AND,
City Manager Livas announced Aldo Schindler, Director of Community Development, would
provide the staff report.
Council Member Vasquez announced he will be abstaining from Item No. 14 due to the
proximity to his business property and left the dais.
Director Schindler stated staff has worked on the development of a Community Benefit District,
a property -based special benefit assessment district in which the property owners would retain and
spend the tax assessment within the district. As provided by Proposition 218, this proposition only
directs staff to distribute ballots for a formal vote of action on July 24, 2018. Director Schindler
explained it's approximately 12 square blocks and the district would be divided into two subzones. A
subzone was created as a result of the First Baptist Church not falling within the category such as a
restaurant or retail establishment. Consequently, their assessment was reduced from $13,000 to
$5,152.91. The First Baptist Church pertains to zone two of the district, due to the location being in the
center of the district. Director Schindler explained the state law allows exclusions on property located
on the boarders but not within the middle of a district. He assured the Community Benefit District is not
city-wide assessment and will not impact any properties outside of the boundaries. The voting of the
Community Benefit District is restricted to the properties within the boundaries. A Steering Committee
was formed by property owners interested in providing feedback regarding the establishment of the
Community Benefit District. They have met on numerous occasions and staff has distributed surveys,
emails and letters throughout the past three years. Staff has also met on numerous occasions with the
Council Downtown Subcommittee to provide updates. The City Council adopted an enabling ordinance
on October 13, 2015 to approve a Resolution of Intention to collect petitions from the property owners
within the district. Petitions were distributed to property owners stating the specific amount of
assessment they would be responsible for. Tonight Council will consider the Resolution of Intention to
move forward with a vote and return on July 24, 2018 to count the ballots. The target is to receive
above 30% of the petitions without excluding the 18.9% of which is City owned property.
City Council Minutes
Regular Meeting — May 22, 2018 6
If approved the total yearly budget would be $253,589 to be distributed in the following areas:
sidewalk operations, special events, private security, beautification, public art, public space
development and cleaning. In terms of district identity: marketing, website development, maintenance,
app development, promotional activities, decorations, street banners, administration costs and
contingency. Director explained if the Resolution of Intention is approved tonight, within the next 45
days the formation ballots would be mailed to property owners and organize a presentation and discuss
the ballot tabulation results on July 24, 2018.
Mayor Ashton inquired who would oversee the Community Benefit District. Council Member
Saab explained a corporation would be formed amongst the business owners and they would make
that determination.
Mayor Ashton stated he would like for the property owners to manage the funds collected in the
assessment. Director Schindler stated the property owners will come together and make those
decisions.
Council Member Saab reiterated the City would not be in control.
Council Member Pacheco asked what would be the consequences if a business within the
Benefit District does not pay their assessment. Director Schindler stated the assessment will be billed
by the Assessor's Office on the property tax bill and they would incur penalties if not paid.
Council Member Saab clarified tonight's decision is not approving the tax assessment but
allowing the business owners to decide amongst themselves if they want the District formed.
Council Member Pacheco asked what percentage of votes is required to pass. Director
Schindler responded 30% plus.
Council Member Saab inquired about the process to dissolve the Community Benefit District.
Director Schindler stated it would the same process as the formation process to dissolve the District. It
would require the 30% plus vote.
Mayor Ashton asked if there was anyone present who would like to comment on this item.
Having no one else come forward, Mayor Ashton closed public comment.
It was moved by Council Member Saab, seconded by Council Member Pacheco and
unanimously with Council Member Vasquez abstaining, to receive and file the Downey Community
Benefit District petition results and adopt Resolution No. 18-7807, a Resolution of the City Council of
the City of Downey stating its intention to establish the Downey Community Benefit District and to levy
and collect assessments within such district, pursuant to local enabling ordinance, under Section 400 of
the Downey City Charter and Article 2, Chapter 14 of the Downey Municipal Code, relating to the
establishment of Community Benefit Districts, and appointing a time and place for hearing objections
thereto.
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City Manager Livas thanked the Downtown Subcommittee and Community Development staff
for their work in the formation of the Downtown Community Benefit District. He thanked Assistant to the
City Manager Shannon Delong for her years of dedicated service to the City of Downey. He
congratulated her on her new position as Assistant City Manager in the City of Whittier and wished her
well in her future endeavors.
City Council Minutes
Regular Meeting — May 22, 2018 7
Mayor Ashton adjourned the regular City Council meeting at 8:31 p.m. in memory of Spc.
Gabriel D. Conde, 22, of Loveland, CO who was supporting Operation Freedom's Sentinel; and, victims
of the shooting at Santa Fe High School in Santa Fe, Texas.
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City Council Minutes
Regular Meeting — May 22, 2018 8
SEAN ASHTON
Mayor