HomeMy WebLinkAbout02b. Minutes - 08-22-17 - Regular MeetingCity Council Minutes
Regular Meeting – August 22, 2017 1
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
AUGUST 22, 2017
The City Council of the City of Downey held a Regular City Council Meeting on August 22,
2017, at 6:38 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue,
Downey, California, Mayor Vasquez presiding.
PRESENT: Council Members:
Fernando Vasquez Mayor
Sean Ashton Mayor Pro Tem
Blanca Pacheco Council Member
Rick Rodriguez Council Member
Alex Saab Council Member
ALSO PRESENT: Gilbert Livas, City Manager
Yvette M. Abich Garcia, City Attorney
Alicia Duarte, CMC, Interim 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
Pamela Passow, Parks & Recreation Director
Aldo Schindler, Community Development Director
James Fructuoso, Assistant Finance Director
The Invocation was delivered by Council Member Rick Rodriguez. The Pledge of Allegiance
was led by Girl Scout Troop #17225.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Saab welcomed the audience to the meeting. He acknowledged Girl Scout
Troop #17225, Principal Houts, former Mayor Brossmer, Dr. Garcia and Martha Sodetani in the
audience. He thanked former Mayor Brossmer for his 16 years of public service, eight years serving as
Planning Commissioner and eight years serving as Council Member. He thanked City staff for replacing
the lights and painting the light poles on Lakewood Blvd. He reported attending a ribbon cutting at St.
Pius X - St. Matthias High School. He recognized Michael Calvert, Joanna Peterson and Jeannie Wood
in the audience. He announced upcoming ribbon cuttings for the Olson Homes and Creamistry. He
invited the audience to attend Dr. Mary Stauffer’s 100th birthday celebration at the Columbia Memorial
Space Center on August 27. He requested staff research ways community volunteers can assist on
City projects.
Council Member Pacheco welcomed the audience to the meeting. She reported holding the
Conversation with your Council Member at Green Olive at the Promenade and thanked the residents
who attended. She requested staff address maintenance of the public restrooms at Golden Park and all
City parks. She reported attending the Rocket Fever event at the Columbia Memorial Space Center and
announced upcoming events: Havana Nights and Annual Senior Talent Show.
City Council Minutes
Regular Meeting – August 22, 2017 2
Council Member Rodriguez welcomed the audience to the meeting and recognized former
Mayor Brossmer in the audience. He announced participating in the U.S. Army Boss Lift to discuss the
hiring of Veterans and those serving in the military. He encouraged business owners to consider hiring
Veterans. He mentioned testifying along with Council Member Saab regarding Proposition 47 and AB
109 at the Blue Ribbon Commission for Supervisor Hahn. He attended the Habitat for Humanity event,
Council Member Pacheco’s Conversation with your Council Member, Walk with your Council Member
and Rocket Fever. He commented regarding SEAACA’s new program Pets for Vets which allows local
Veterans to adopt pets at SEACCA at no cost.
Mayor Pro Tem Ashton acknowledged Executive Officer Mark Stanley from the L.A. River
Working Group in the audience. He reported attending the Rocket Fever event and thanked Ben
Dickow for his hard work. He asked staff to address shade options during outdoor events at the CMSC.
He mentioned receiving two complaints regarding street sweeping taking place during times when
students are released from schools. He asked staff to review street sweeping times in the vicinity of the
elementary schools. He also asked the Public Works Department to review prohibiting parking along
Manatee Street adjacent to Warren High School.
Mayor Vasquez announced he will be attending the First Responders BBQ event this weekend
and a Neighborhood Watch meeting. He mentioned there are over 200 Neighborhood Watch groups in
the community and encouraged residents to contact the Neighborhood Watch Coordinator if they are
interested in joining. He announced the upcoming Mayor’s second Homeless Roundtable meeting. He
acknowledged Alex Gaytan, Sasha Sacha van der Most van Spijk, Dr. Garcia, Downey Unified School
District Board Members and former Mayor Brossmer.
PRESENTATIONS
1. Mayor Vasquez presented the Mayor's Healthy Heart Award to Tom Houts, Principal, Downey High
School.
2. Council Member Rodriguez presented a Certificate of Appointment to Margarita Rogers, Public
Works Commission, District 3.
3. Mayor Vasquez with the assistance from Council Member Rodriguez presented a Certificate of
Recognition to Roger Le Clair, Downey Resident.
4. Presentation to the City Council by the Downey Kiwins.
5. Presentation to the City Council by the Lower L.A. River Working Group.
PUBLIC HEARINGS:
Mayor Vasquez announced Public Hearing Item No. 1 was withdrawn by request of the
applicant and would be not considered by the City Council tonight.
1. REQUEST TO AMEND THE GENERAL PLAN LAND USE DESIGNATION AND REZONE
PROPERTY LOCATED AT 10221 DOWNEY AVENUE: Community Development.
ADOPT RESOLUTION NO. 17-______, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY DENYING A REQUEST TO AMEND THE GENERAL PLAN LAND USE
DESIGNATION FROM LOW DENSITY RESIDENTIALTO MEDIUM DENSITY RESIDENTIAL
AND A ZONE CHANGE FROM C-P (PROFESSIONAL OFFICE) TO R-3 (MULTIPLE FAMILY
RESIDENTIAL) AT PROPERTY LOCATED AT 10221 DOWNEY AVENUE
City Council Minutes
Regular Meeting – August 22, 2017 3
2. APPROVED RESIDENTIAL PREFERENTIAL PARKING DISTRICT - PARKCLIFF ST. BETWEEN
BARLIN AVE. AND BLODGETT AVE.: Public Works.
ADOPTED RESOLUTION NO. 17-7738, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ESTABLISHING A RESIDENTIAL PREFERENTIAL PARKING DISTRICT
ON BOTH SIDES OF PARKCLIFF STREET BETWEEN BARLIN AVENUE AND BLODGETT
AVENUE
Mayor Vasquez opened the Public Hearing at 7:32 p.m. Interim City Clerk Duarte affirmed
receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Mayor Pro
Tem Ashton and so ordered by the Mayor to receive and file. Interim City Clerk Duarte noted there was
no correspondence received.
The staff report was presented by Public Works Director Mohammad Mostahkami. Director
Mostahkami stated based on a review of the criteria established by Ordinance No. 11-1284 and the
data verified by staff the minimum criteria and necessary level of support by the residents has been met
with 85% of residents being in favor of the implementation of a residential preferential parking district at
Parkcliff Street between Barlin Avenue and Blodgett Avenue. Therefore, staff recommends the adoption
of the resolution for the establishment of a residential preferential parking district.
Council Member Saab inquired in regards to the 85% of residents who petitioned in favor and of
the 15% of residents who opposed. Director Mostahkami explained Ordinance No. 11-1284, requires a
75% of residents in favor of establishing the preferential parking district.
Council Member Saab stated his concerns regarding the same issue on Barlin Avenue and
Dorion Street.
Mayor Vasquez asked whether all property owners were notified of the proposed parking
district. Director Mostahkami responded that all property owners were notified.
Mayor Vasquez opened this item for public comment 7:39 p.m.
Armando Herman, resident, commented against Item No. 2.
Esmeralda, resident, commented in favor of Item No. 2. She also commented in regards to
trash and double parking issues on Paramount Blvd.
Pablo Salazar, resident, commented in favor of parking permits on Dorian.
Ruben Salazar, resident, commented in regards to trash, noise, illegal parking, obstruction of
view and the $25 parking permit fee in a condominium complex on Paramount’s side.
Mayor Vasquez asked City Attorney Garcia whether the City of Downey has jurisdiction over the
condominium complex. City Attorney Garcia stated City of Downey has no legal jurisdiction and
suggested to contact City of Paramount to address the concerns.
Lucy Madrigal, resident, commented in regards to having insufficient parking on Dorian and
Barlin.
Tim Horn, resident, commented in favor of Item No. 2. He also commented in regards to an
increase in property and home burglaries.
Wanda Catherine, resident, commented in favor of Item No. 2.
City Council Minutes
Regular Meeting – August 22, 2017 4
Carol, resident, commented in favor of Item No. 2.
Mayor Vasquez asked how many members of audience present tonight were in favor of the
preferential parking district. There was a total of 24 in favor and zero opposed.
Dale Smith, resident, commented in favor of Item No. 2, and mentioned there is no guest
overnight parking in the condominium complex.
Resident, no name provided, commented in favor of Item No. 2.
Benita Thornton, President of the Condominium Home Owners Association, commented in
regards to the parking permits offered to their homeowners.
Mayor Vasquez asked how many parking spaces are issued per unit. Ms. Brew, Secretary, to
the Home Owners Association, stated they issue two permits per household.
Council Member Saab questioned the cost of the permit $25 and how long the permit was good
for. Ms. Thornton stated the permit is a one-time fee and is indefinite.
Council Member Pacheco stated the issue is not the purchasing of the permits.
Ms. Thornton stated they are no longer selling permits because there is no more space to
accommodate the home owners. She stated she will let management and residents of the property
know of the parking issues and they will address those issues.
Mayor Vazquez inquired about off-site parking. Ms. Thornton stated there is no off-site parking
for homeowners.
Didi Young, resident, commented regarding the 117 condos and the parking issues.
Having no one else come forward, Mayor Vasquez closed public comment at 8:13 p.m.
City Manager Livas advised that parking is a problem throughout Southern California. Whereas
before the average household would be 800 square feet, now the average household is 2,000 square
feet which would require approximately four parking spaces. He encouraged the audience to petition for
other streets with similar issues and that the issues will be addressed by relevant entities such as City
of Paramount, and code enforcement. City Manager Livas also advised that legal items not on the
agenda cannot be addressed.
Mayor Vasquez inquired about the process of code enforcement working with the City of
Paramount to address these parking concerns. Director Mostahkami responded it could take up to
three months.
It was moved by Council Member Saab, seconded by Mayor Pro Tem Ashton and carried
unanimously to adopt Resolution No. 17-7738, a Resolution of the City Council of the City of Downey
establishing a residential preferential parking district on both sides of Parkcliff Street and between
Barlin Avenue and Blodgett Avenue.
City Council Minutes
Regular Meeting – August 22, 2017 5
3. APPROVED AMENDMENT TO TIERRA LUNA DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF DOWNEY, PCCP IRG DOWNEY, LLC AND IRG DOWNEY, LLC: Community
Development.
INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING AN AMENDMENT TO THE TIERRA LUNA DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DOWNEY, AND PCCP IRG DOWNEY, LLC AND IRG DOWNEY,
LLC TO AMEND GENERAL DEVELOPER COVENANTS FOR COMMERCIAL RETAILERS,
DEVELOPMENT OF A FIRE STATION, AND ELECTION TO CARRY OUT AND DEVELOP
THE BASE PROJECT ON THE PROPERTY IN ACCORDANCE WITH THE EXISTING LAND
USE REGULATIONS
Mayor Vasquez opened the Public Hearing at 8:37 p.m. Interim City Clerk Duarte affirmed
receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Mayor Pro
Tem Ashton and so ordered by the Mayor to receive and file. Interim City Clerk Duarte noted there was
no correspondence received. Council Member Rodriguez announced he would be abstaining from Item
No. 3 stating that his company has a security contract with a party involved in with this item, and left the
dais.
City Manager Livas stated that the developer for this project has been working diligently to
ensure that the project is successful. He stated that there is approximately 20 acres referred to as the
back 20 which still needs to be redeveloped. The area is the property bounded by Bellflower and is east
of the project. He communicated his excitement for the future of this project which will begin Phase
Two.
The staff report was provided by Community Development Director Aldo Schindler. Director
Schindler stated that the goal is to amend the current agreement. He stated the Promenade
development project was first approved by the City in December 2011. He explained that the
Promenade has grown and created 1,000 jobs in construction, retail and restaurants. He also noted
that management had to establish a valet system to alleviate parking congestion during peak hours
from Thursday evenings through Sundays.
Director Schindler explained the proposed amendments to the development agreement. The
first proposed amendment would call for the removal of the retail covenant. The existing retail covenant
bound the developers to certain retailers at that site. It allowed the City to decide which retailers would
be at that site. Since then, the Promenade has been built out, the developer has complied with that
development requirement, and has long term leases on that site. Director Schindler explained that the
Community Development Department believes that the covenant has served its purpose and is no
longer needed.
Council Member Saab asked Director Schindler what the benefit would be to remove the
covenant. Director Schindler stated that the benefit would make it easier for the developer to sell the
property in the future if the developer so chooses to. He explained that having the covenants in place
would hinder the new developer’s ability to bring in new businesses.
Director Schindler stated that the second proposed amendment is the removal of the fire station.
He stated that the inclusion of the fire station was initially included in the development agreement but
since then the fire department staff, including the Fire Chief, has agreed a fire station is no longer
needed at that site. In addition, Director Schindler stated that the fire station was never going to be
financed by the developer but rather by the City. He also mentioned that instead of investing into a new
fire station, the Fire Department would rather use resources to modernize the City’s existing four
existing fire stations.
City Council Minutes
Regular Meeting – August 22, 2017 6
Lastly, Director Schindler mentioned that the developer is requesting an enhanced base project
versus a base project. Director Schindler stated that when the development agreement was first crafted
there were a lot of thoughts about how big the scope of the development should be at that site. The
base project is what we see today, 656,000 square feet of retail space, restaurants and cinema and
other specialty uses that are currently developed on that site. The enhanced project would require two
big box stores and would allow the developer to be eligible for a grant payment of $1 million dollars
each year for a number of years. The developer would also be incentivized to build pursuant to the
enhanced project by being eligible to be rebated half of the developer fees. The base project was built
based on research and market conditions of the region. He stated that staff recommends the approval
of the amendments in order to assist the City to continue the partnership with the developer to develop
the 20 acres adjacent of the Promenade project.
Mayor Vasquez asked Director Schindler, what his thoughts are in terms of current research
that finds that new millennials are stepping away from shopping in big box stores; moving towards
online shopping and e-commerce; and, how he believes it would impact the City.
Director Schindler stated that when speaking to thriving retailers and project developers their
perspectives are that consumers still want to be able to touch and feel their purchases and go to stores.
He stated that there is always going to be competitions amongst the different platforms. For example,
he mentioned how cinemas are responding to the uprising of Netflix. He stated that cinemas are
revamping the movie experience by upgrading their furniture amongst other things.
Mayor Vasquez opened this item for public comment 8:49 p.m.
Armando Herman, resident, commented against Item No. 3.
Having no one else come forward, Mayor Vasquez closed public comment at 8:54 p.m.
It was moved by Council Member Saab, seconded by Mayor Pro Tem Ashton and carried 4-0-1,
with Council Member Rodriguez abstaining, to introduce an Ordinance of the City Council of the City of
Downey approving an amendment to the Tierra Luna Development agreement between the City of
Downey, and PCCP IRG Downey, LLC and IRG Downey, LLC to amend general developer covenants
for commercial retailers, development of a fire station, and election to carry out and develop the base
project on the property in accordance with the existing land use regulations.
CONSENT CALENDAR
Mayor Vasquez took this item out of order.
Council Member Saab pulled Item No. 10.
Council Member Rodriguez abstained from Item No. 9, due to conflict of interest.
Council Member Pacheco abstained from Item No. 6, due the proximity to her home.
Mayor Vasquez asked if there was anyone present who would like to comment on Consent
Calendar items.
Armando Herman, resident, commented regarding Item Nos. 11, 8 and 7. He commented
regarding improvements at Golden Park including disability access and sidewalk improvements in the
vicinity of the park.
Having no one else come forward, Mayor Vasquez closed public comment.
City Council Minutes
Regular Meeting – August 22, 2017 7
It was moved by Council Member Saab, seconded by Mayor Vasquez and carried unanimously
to approve the remainder of the Consent Calendar with Council Member Pacheco abstaining from Item
No. 6; Council Member Rodriguez abstaining from Item No. 9; and, Council Member Saab pulling Item
No. 10.
4. APPROVED MINUTES: Special Meeting of August 8, 2017; Regular Meeting of August 8, 2017:
City Clerk.
5. WARRANTS ISSUED: Warrant Nos. 316150 – 316574; Payroll Wire Nos. 30003641 – 30003646;
and, Manual Wire Nos. 1596 – 1603, in the total amount of $5,993,721.53: Finance.
6. ACCEPTED THE BROOKSHIRE AVE. WATER SYSTEM IMPROVEMENT PROJECT FROM
GARDENDALE ST. TO IMPERIAL HWY. AND FIRESTONE BLVD. TO FLORENCE AVE. AS
COMPLETE; APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $787,918.37;
AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF
COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 14-12): Public Works.
7. INDEPENDENCE PARK IMPROVEMENTS PROJECT – SOFTBALL FIELDS LIGHTING
UPGRADES AND CONSTRUCTION OF FUTSAL COURTS: AUTHORIZED ALLOCATION OF
$450,000 PREVIOUSLY DESIGNATED FOR PARK IMPROVEMENTS TO THE PROJECT;
AUTHORIZED STAFF TO PROCEED WITH THE DESIGN PHASE; AND, AUTHORIZED THE
CITY MANAGER TO ENTER INTO PROFESSIONAL SERVICE AGREEMENTS WITH
CONSULTING FIRMS AND PROFESSIONAL SERVICE PROVIDERS NECESSARY TO
COMPLETE THE DESIGN PHASE OF THE PROJECT: Administration.
8. 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.
9. APPROVED SECOND AMENDMENT TO REAL PROPERTY PURCHASE AND SALE
AGREEMENT BETWEEN THE CITY OF DOWNEY, PCCP IRG DOWNEY, LLC AND IRG
DOWNEY, LLC: Community Development.
ADOPTED RESOLUTION NO. 17-7739, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING A SECOND AMENDMENT TO THE REAL PROPERTY
PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DOWNEY AND PCCP IRG
DOWNEY, LLC AND IRG DOWNEY, LLC TO AMEND SOME OF THE RIGHTS AND
OBLIGATIONS SPECIFIED IN THE ORIGINAL PURCHASE AGREEMENT AND THE FIRST
AMENDMENT
11. APPROVED AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CIR
INCORPORATED FOR PROFESSIONAL PLAN REVIEW, BUILDING INSPECTION, AND
STAFFING SERVICES: Community Development.
12. ADOPTED RESOLUTION NO. 17-7740, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING THE APPOINTMENT OF LUZ A. LLUNCOR TO THE BOARD OF
BUILDING APPEALS DISTRICT 4: Mayor Vasquez.
13. AUTHORIZED CITY DELEGATES TO VOTE ON PROPOSED RESOLUTIONS TO BE
CONSIDERED AT THE 2017 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE:
Administration.
City Council Minutes
Regular Meeting – August 22, 2017 8
14. ACCEPTED GRANT AWARD INCREASE IN THE AMOUNT OF $148,367 FOR THE AFTER
SCHOOL EDUCATION AND SAFETY (ASES) PROGRAM; APPROVED A FULLTIME
PROGRAM COORDINATOR POSITION FOR THE ASPIRE PROGRAM; AND, ADOPTED THE
REVISED ASPIRE PROGRAM BUDGET: Parks & Recreation.
15. APPROVED A DISCOUNT PROGRAM TO THE COLUMBIA MEMORIAL SPACE CENTER FOR
KCET MEMBERS AS PART OF PROMOTIONAL PARTNERSHIP: Administration.
OTHER BUSINESS:
10. APPROVED SECOND AMENDMENT TO GROUND LEASE BETWEEN THE CITY OF DOWNEY,
PCCP IRG DOWNEY, LLC AND IRG DOWNEY, LLC: Community Development.
INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE SECOND AMENDMENT TO THE GROUND LEASE BETWEEN THE CITY
OF DOWNEY AND PCCP IRG DOWNEY, LLC AND IRG DOWNEY, LLC, THEREBY
ESTABLISHING A REVISED TERMINATION DATE FOR THE LEASE AND MAKING OTHER
CLARIFYING AMENDMENTS
Council Member Saab requested an amendment to the proposed second amendment being
considered by Council. He requested be involved in the discussion about whether the hotel is a
reasonably prudent business decision.
City Attorney Abich Garcia stated the revision would be made to the second amendment to the
ground lease, specifically Section 6, entitled Hotel Development. City Attorney Abich Garcia read the
revision to the document as follows: Landlord and Tenant agree that the hotel development shall not
proceed until Tenant and Landlord make a determination based on Tenant’s review of any and all
relevant market forces that construction of the hotel development is reasonably prudent business
decision.
Mayor opened this item to public comment. Having no one come forward Mayor Vasquez closed
public comment.
It was moved by Council member Saab, seconded by Mayor Pro Tem Ashton and approved 4-
0-1, with Council Member Rodriguez abstaining, to introduce an Ordinance of the City Council of the
City of Downey Approving the Second Amendment to the Ground Lease between the City of Downey
and PCCP IRG Downey, LLC and IRG Downey, LLC, thereby establishing a revised termination date
for the lease and making other clarifying amendments, including the revision to Section 6 of the second
amendment noted by City Attorney Abich Garcia.
NON AGENDA PUBLIC COMMENT
Mayor Vasquez took this item out of order.
Armando Herman, resident, commented in regarding his claim letter, disability and First
Amendment rights.
City Council Minutes
Regular Meeting – August 22, 2017 9
Allen Halstensgaard, resident, commented against abortion.
Debbie Jimenez, resident, commented in regarding a property on Devenir Street which is a
nuisance to the neighborhood.
Having no one else come forward, Mayor Vasquez closed non-agenda public comment.
ADMINISTRATIVE REPORTS: None.
STAFF MEMBER COMMENTS
City Manager Livas thanked the City Council for their work. He commented regarding a
successful Rocket Fever event and thanked Executive Director Dickow for his work at the Columbia
Memorial Space Center.
ADJOURNMENT
Mayor Vasquez adjourned the Regular City Council Meeting at 9:25 p.m.in memory of Sgt.
Jonathon Michael Hunter, 23, of Columbus, Indiana & Specialist Christopher Michael Harris, 25, of
Jackson Springs, North Carolina, were was supporting Operation Freedom Sentinel; and, Tech. Sgt.
David Board, 49, of Barboursville, West Virginia, who was supporting Operation Inherent Resolve.
MARIA ALICIA DUARTE, CMC FERNANDO VASQUEZ
Interim City Clerk Mayor