HomeMy WebLinkAboutMinutes 11-14-17 Regular MeetingMINUTES OF
COUNCILCITY OF OF DOWNE
NOVEMBERREGULAR MEETING
The City Council of the City of Downey held a Regular City Council Meeting on November 14,
2017, at 6:51 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue,
Downey, California, Mayor Vasquez presiding.
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Council Members:
Fernando Vasquez
Sean Ashton
Blanca Pacheco
Rick Rodriguez
Alex Saab
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
ALSO PRESENT: Gilbert Livas, City Manager
John Oskoui, Assistant City Manager
Yvette M. Abich Garcia, City Attorney
Shannon DeLong, Assistant to the City Manager
Dean Milligan, Police Captain
Mark Gillaspie, Fire Chief
Mohammad Mostahkami, Public Works Director
Pamela Passow, Parks & Recreation Director
Anil Gandhy, Finance Director
Alicia Duarte, CMC, Interim City Clerk
The Invocation was delivered by Pastor Daniel Jansson, Imago Dei Church. The Pledge of
Allegiance was led by Roman Gonzalez, Courage Forward.
COUNCIL•UNCEMENTS; REQUESTS FOR FUTURE AGENDA
CONFERENCE/MEETINGREPORTS
Council Member Saab welcomed the audience to the meeting. He congratulated Mayor
Vasquez on the birth of his first child. He acknowledged Dee Bacus, Laurie Tyler, Michael Calvert and,
Jeannie Wood in the audience. He announced upcoming events: Downey Christmas Parade; 2nd
Annual Elf Run; and, Christmas Tree Lighting and Home Decorating Contest. He invited the audience
to attend the Assistance League Tour. He requested staff explore revising preferential parking districts.
Lastly, he congratulated and welcomed the new City Clerk.
Council Member Pacheco welcomed the audience to the meeting. She congratulated the new
City Clerk. She announced upcoming events: Doty Middle School tour of City Hall; Assistance League
Tour; Annual Elf Run; and, Christmas Parade.
Council Member Rodriguez thanked Lt. McDaniels for a successful Golf Tournament fundraiser.
He reported attending the Rudolph Reindeer event for nine year old children in the community. He
commented regarding Roman Gonzalez member of Courage Forward and how they are involved in the
community. He mentioned attending a meeting with Downey Unified School District personnel and
talking to students at Columbus High about joining West Point College after graduation. He announced
the upcoming Military Service Day. He acknowledged his son and grandchildren in the audience. He
announced the upcoming 5K Run event in honor of fallen officer Ricky Galvez. Lastly, he requested
staff to research trespass authorization forms.
City Council Minutes
Regular Meeting — November 14, 2017
Mayor Pro Tem Ashton congratulated the Police Department on a successful Drug Take Back
event. He announced the upcoming Dia de Los Muertos event and thanked the Parks and Recreation
Department for their work organizing the event. He reported attending the SLAG Regional Council
Annual Summit where they discussed housing and homelessness issues. He acknowledged Diana
Owens and his wife, Tammy in the audience. He announced upcoming events: Christmas Parade; 5k
Elf Run; and, the Keep Downey Beautiful Clean Up. Lastly, he wished everyone a Happy Thanksgiving.
Mayor Vasquez welcomed the audience to the meeting.
Day ceremony and said it would be broadcasted by Telemundo
list of 2017 Most Business Friendly Cities. He requested staff
System at the next City Council meeting.
He announced the upcoming Veteran's
He mentioned Downey is on the final
provided an update of the Smart 911
1. Mayor Vasquez presented the Mayor's Healthy Heart Award to Michael Leberman, Director of
Practice Efficiency CareMore.
2. Council Member Rodriguez presented a Certificate of Appointment to Brian Heyman, Board of
Building Appeals, District 3.
3. Presentation of new Fire Department Employees: Rakdy Khlok, Emergency Manager & Carlos
Guerra, Ambulance Coordinator.
Mayor Vasquez recessed the meeting at 7:29 p.m. Mayor Vasquez reconvened the meeting at
7.19 n m
PUBLIC HEARING:
Orz. AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF A TENTATIVE PARCEL MAP:
Community Development.
Mayor Vasquez opened the Public Hearing at 7:32 p.m. City Clerk Duarte affirmed receipt of the
Proof of Publication. It was moved by Council Member Saab, seconded by Mayor Pro Tem Aston and
so ordered by the Mayor to receive and file. City Clerk Duarte noted correspondence was received from
resident Brian Heyman in favor of approving the appeal.
The staff report was provided by David Blumenthal, City Planner. Mr. Blumenthal provided an
overview of the subject property. On September 20, 2017, the Planning Commission considered the
proposed subdivision of a residential parcel located at 7441 Third Street. At the conclusion of the
hearing, the Planning Commission determined they could not make all the findings necessary to
approve the project and directed staff to return to the Commission with a resolution of denial for the
tentative parcel map. The Planning Commission adopted the Resolution denying the tentative parcel
map on October 4, 2017; on October 17, 2017, the applicant filed an appeal of the Planning
Commission's denial requesting the City Council overturn the Planning Commission's actions; and, on
November 2, 2017, notice of the pending City Council public hearing was published in the Downey
Patriot. Additionally, the notice was mailed to all property owners within 500 feet of the subject site. The
19,090 square foot parcel is located at the northwest corner of Third Street and Rives Avenue. The site
City Council Minutes
Regular Meeting — November 14, 2017 2
is currently improved with a 2,246 square foot single-family residence. The site is zoned R-1 5,000
(Single -Family Residential) and has a General Plan Land Use Designation of Low Density Residential.
The applicant has proposed to subdivide the parcel into an 8,972 square foot lot and an 8,920 square
foot lot. In addition, a 10 -foot right-of-way dedication was required along the Rives Avenue frontage.
Mayor Pro Tem Aston mentioned he drove by the subject site; Council Member Saab mentioned
he drove by the site and had a conversation with an individual that has a business relationship with the
applicant but nothing related to this item was discussed; Mayor Vasquez mentioned the applicant
reached out to him regarding the appeal process; and, Council Member Rodriguez mentioned he drove
by the site.
Luis Rodriguez, Busy Bee Real Estate Development and representative of the property owner of
the subject site provided a presentation to the City Council of his client's appeal of the Planning
Commissions' denial, Mr. Rodriguez' presentation included information regarding the existing lot size
and the two new proposed lots as well as new parcel map which he mentioned is consistent with the
zoning code and General Plan requirements. He commented regarding other lot splits approved in the
area. Mr. Rodriguez explained his client is willing to meet all requirements and comply with the sidewalk
dedication.
Mayor Pro Tem Ashton asked Mr. Rodriguez how many vehicles the proposed garages would
accommodate. Mr. Rodriguez said they are looking to design the garages to accommodate three
vehicles.
Council Member Rodriguez asked if there were any environmental issues related to proposed
lot split. Mr. Rodriguez stated no CEQA requirements need to be met.
Council Member Saab inquired about the square footage of the proposed homes. Mr. Rodriguez
stated they are considering 4,000 square foot homes.
Mayor Vasquez opened this item for public comment at 7:53 p.m
Fernando Campos, resident, commented against the proposed lot split.
Edwin Hubbar, resident, commented in favor of the proposed lot split.
Vicky Lockhart, resident, commented in favor of the proposed lot split.
Having no one come forward, Mayor Vasquez closed public comment at 8:00 p.m.
Mr. Blumenthal provided an explanation the CEQA analysis.
Mayor Pro Tem Ashton asked if the proposed lot sizes are consistent with those in the area. Mr.
Blumenthal stated yes, other lots in the area are between 9,000 to 10,000 square feet.
Council Member Saab asked what the garage size requirement is for a 4,000 square foot home.
Mr. Blumenthal responded a three car garage is required.
Mayor Vasquez stated if the applicant has met all the necessary requirements he is in support
of the appeal.
Council Member Saab asked City Attorney Abich Garcia for her opinion regarding this issue.
City Attorney Abich Garcia explained if the City Council upholds the denial, the City will have a difficult
time proving their decision in court when there are other approved lot splits in the area of the subject
property.
City Council Minutes
Regular Meeting - November 14, 2017 3
City Attorney Abich Garcia suggested the City Council uphold the appeal and direct staff to
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The City Council ensued conversation regarding improving the neighborhood of the subject site
and other lot splits in the area.
It was moved by Council Member Saab, seconded by Mayor Vasquez and carried unanimously
to uphold the applicant's appeal and direct staff to return to Council with a resolution reversing the
Planning Commission's denial of Tentative Parcel Map No. 74429, allowing the subdivision.
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Mayor Vasquez opened the Public Hearing at 8:18 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 Aston and so ordered by the Mayor to receive and file. Interim City Clerk Duarte noted no
correspondence was received.
The staff report was provided by Public Works Director Mohammed Mostahkami. The County of
Los Angeles (LAC) conducts biennial inspections of the City's bridges. The City received the latest
bridge inspection report for the Suva Street Bridge over the Rio Hondo Channel dated September 21,
2016. Due to damage that the bridge substructure sustained as a result of a fire that occurred under the
bridae in October 2013; LAC conducted a load rating analysis immPdintPly after the fire occurred to
determine the maximum vehicle weight and loading that the bridge could safely sustain. The bridge
inspection report, which documented the results of the load rating analysis, showed a maximum load
rating of 21.3 tons. In accordance with the California Vehicle Code requirements, LAC recommended in
the report that the bridge be posted with a weight and load restriction of 20 tons for vehicles traveling
over the bridge for safety reasons given that the resulting 21.3 -ton load rating falls well below the
statewide maximum load of 40 tons. The 20 -tan restriction signs were posted by the City immediately
as advised by LAC. Said vehicle load and weight restriction prohibits fully -loaded semi tractor -trailer
and overweight vehicle loads from traveling over the bridge and is necessary to sustain the continued
safe operation of the bridge. LAC is proposing to rehabilitate the bridge through an upcoming project
with construction tentatively scheduled to begin in September 2018.
Council Member Saab asked staff if signs were posted on the streets leading up to the bridge.
Director Mostahkami responded yes.
Mayor Vasquez asked regarding commercial vehicles not allowed on residential streets. City
Manager Livas stated staff will reach out to the City of Bell Gardens to confirm they have signage
posted.
Mayor Vasquez opened this item for public comment at 8:22 p.m.
Having no one come forward, Mayor Vasquez closed public comment at 8:22 p.m.
Mayor Vasquez closed the public hearing at 8:23 p.m.
It was moved by Council Member Saab, seconded by Mayor Pro Tem Ashton and carried
unanimously to introduce an Ordinance of the City Council of the City Of Downey amending the
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Regular Meeting - November 14, 2017 4
Downey •. ••- by adding • - • r establishing 1 • - weight - • load
on - Suva Street Bridge over the Rio Hondo
Dee Bacus, Treasurer of Downey Sister Cities Association, requested financial assistance to
utilize the Cormack Room in the Downey Library to hold their meetings. She requested to use the room
free of charge or a minimal fee of $600 per year. She commented in regards to Israel's education and
population diversity and requested the Council place an item on the agenda to discuss Israel as a
potential sister city. She reported Coca-Cola trucks illegally parking between Lakewood Blvd. and Cleta
Mayor Vasquez requested City Manager Livas contact Coca-Cola regarding the parking of
trucks parking between - •o• Blvd. and CletaHe also requested staff .•• an itemon -
agenda to discuss the Sister Cities Association's request and requested staff research amending the
City's Fee Resolution for use of City facilities by non -profits.
Council Member Saab pulled Item No. 17.
• . • - _ • •I III•_ ••• • - .• . IM • 01,1101590B]
Mayor Vasquez asked if there was anyone present who would like to comment on Consent
Calendar items.
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It was moved by Mayor Pro Tern Ashton, seconded by Council Member Saab and carried
inanimously to approve the remainder of the Consent Calendar.
4. APPROVED MINUTES: Special Meeting of October 24, 2017; City Clerk.
AMOUNT0 lot I so
T. BELLFLOWER BLVD. AT IMPERIAL HWY. INTERSECTION IMPROVEMENT PROJECT
ACCEPT THE PROJECT AS COMPLETE; APPROVE THE FINAL CONSTRUCTION CONTRACT
OF AND, AUTHORIZE THE PUBLIC WORKSDIRECTOR T• FILE TH!
NOTICE OF COMPLETION (CASH CONTRACT NO. S.S. 605B): Public Works.
City Council Minutes
Regular Meeting — November 14, 2017 5
OTHER BUSINESS:
17. AUTHORIZE THE ACCEPTANCE OF A DONATION FROM THE MANHATTAN BEACH
CHAMBER OF COMMERCE OF A HOLIDAY FLOAT; AND, AUTHORIZE THE CITY MANAGER
TO SIGN THE TRANSFER AND LICENSING DOCUMENTS NECESSARY TO TAKE
POSSESSION OF THE FLOAT, INCLUDING THE FILING OF ALL REQUISITE GOVERNMENT
FEES: Council Member Pacheco.
Council Member Saab asked for more details about the donation of the Manhattan Beach
Chamber of Commerce holiday float and where the City of Downey would store the float. He expressed
his concerns with the float taking up too much space and being damaged if it is not properly stored.
Council Member Pacheco stated the Manhattan Beach Chamber of Commerce contacted the
Assistant Principal at Downey Adult School regarding donating the float to them or to the City of
Downey for the Chamber of Commerce Christmas Parade.
City Manager Livas discussed donating the float to the Chamber of Commerce and reaching
out to the Downey Rose Float Association to request storing the float at their facility.
Council Member Saab suggested having the float donated directly to the Chamber of
Commerce.
Mayor Vasquez agreed with Council Member Saab's suggestion to donate the float directly to
the Chamber.
Michael Calvert, Downey Chamber of Commerce commented regarding accepting the donation
of the float.
City Manager Livas mentioned the float is in good condition and commented regarding the cost
of purchasing a float similar to the one being donated.
City Attorney Abich Garcia clarified the float would be purchased for $1.00, plus DMV fees and
would be donated to the Downey Chamber of Commerce.
It was moved by Council Member Saab, seconded by Mayor Vasquez to have staff work with
the City of Manhattan Beach to coordinate the donation of the holiday float directly to the Downey
Chamber of Commerce.
ADMINISTRATIVE REPORTS
19. PROVIDED DIRECTION TO STAFF AS TO THE ACCEPTABILITY OF, AND POTENTIAL
LOCATION OF, A DOWNEY FEDERAL CREDIT UNION ATM IN THE CIVIC CENTER AREA:
Administration.
Council Member Saab announced he would be abstaining from Item No. 19, and left the dais.
Shannon De Long, Assistant to the City Manager presented the staff report for this item. Ms.
DeLong stated that the Police Department approached Downey Federal Credit Union and City staff to
inquire about placing an ATM in the Police Department lobby. She clarified Downey Federal Credit
Union is a separate entity from the City. She discussed the location of the proposed ATM would be
outside City Hall.
Council Member Pacheco inquired about lighting in the proposed location. Assistant to the City
Manager DeLong stated that staff would have to explore lighting options.
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Regular Meeting — November 14, 2017 7
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the Civic Center. Assistant to the City Manager DeLong stated that it would be at the discretion of City
Council.
Council Member Rodriguez expressed his concerns regarding safety issues with having an ATM
outside City Hall. Captain Milligan commented regarding potential hazards.
Council Member Rodriguez asked whether the proposed ATM could possibly fit in the Police
Department Lobby. Assistant to the City Manager DeLong stated that it would not. She noted the
specific ATM would dispense cash and accept deposits.
Mayor Vasquez inquired about the cost and installation of the ATM. Assistant to the City
Manager DeLong stated that Credit Union would pay the costs associated with the installation.
Mayor Pro Tem Ashton asked if there was a majority of people who need an ATM in relation to
business with the Police Department. Assistant to the City Manager DeLong stated that the Police
Department does not accept credit cards and only accepts cash or check payments. Captain Milligan
explained currently vehicle lien releases can only be paid with check or cash.
Mayor Vasquez asked City Attorney Garcia to research this area of the law and explore having
a credit card payment machine installed at the Police Department for lien release payments.
Mayor Pro Tem Ashton asked where the closest ATM is located. Assistant to the City Manager
DeLong stated that the closest ATM's are located at Chase Bank on Firestone Boulevard and
Brookshire Avenue, and Downey Federal Credit Union on 3rd Street and New Street.
Mayor Vasquez asked if there was anyone present who would like to comment on this item.
Faraz, resident, expressed his concerns regarding the proposed ATM location. He suggested
the ATM be located somewhere with more lighting.
Having no one else come forward Mayor Vasquez closed public comment.
Mayor Vasquez requested staff work with Financial Partners Credit Union to identify a location
in the Civic Center for an ATM.
Council Member Rodriguez inquired about possibly having an ATM at the Downey City Library.
It was moved by Mayor Vasquez, seconded by Council Member Pacheco and approved 4-0-1,
with Council Member Saab abstaining to have staff identify a location for a Financial Partners ATM site
in the City.
20. DISCUSSED AND PROVIDED POLICY DIRECTION REGARDING THE ECO RAPID TRANSIT
AUTHORITY'S REQUEST FOR A RAIL YARD LOCATION: Mayor Pro Tem Ashton.
Mayor Pro Tem Ashton provided the report for this item. As the Council's representative to the
Eco -Rapid Transit Authority, he has been asked to consult with his Council colleagues a request from
Eco Rapid for a rail yard location in the City of Downey. Currently Eco Rapid is working on a rail line
that will travel from Artesia to Union Station and come through Downey. Eco Rapid is working on
identifying a location for a rail yard along the route.
Council Member Saab asked what other location Eco Rapid is considering. Mayor Ashton said
they considered Bellflower, Cudahy and South Gate. Bellflower was against a rail yard in their City.
City Council Minutes
Regular Meeting — November 14, 2017 8
Conversation ensued amongst the Council about other possible locations for the rail yard;
benefits of having the rail yard in Downey; property tax exemption; potential revenue; potential job
creation; and, shortage of housing.
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Mayor Vasquez asked if there was anyone present who would like to comment on this item.
Resident, no name provided, commented in favor of public transportation.
Faraz, resident, commented regarding the abandoned building at the Rancho Los Amigos south
Having no one come forward, Mayor Vasquez closed public comment.
It was moved by Council Member Saab, second by Council Member Pacheco to receive and file
the report.
ZIGIT44 B '•
City Manager Livas provided the report for Item No. 21. The Council's established priorities of
Fiscal and Efficiency & Adaptability have resulted in the authorization of several recent staff proposals
for energy and cost savings. In 2017 alone, the City will realize a minimum of half a million dollar
savings. He mentioned the various projects that have brought cost savings and energy savings to the
City. Some of these projects include changing light to LED, upgrades to the roof and A/C system at the
theatre and library, and, phone system upgrades. He thanked Director Mostahkami and Assistant City
Manager Oskoui for their efforts.
Mayor Vasquez opened this item for Public Comment.
Having no one come forward Mayor Vasquez closed Public Comment.
It was moved by Council Member Saab, seconded by Council Member Ashton and approved
unanimously receive and file the report.
STAFF MEMBER COMMENTS: None.
Mayor Vasquez adjourned the Regular City Council Meeting at 9:23 p.m.in memory of Jerry
Caliguiri, decades long neighborhood advocate and civic volunteer; Hermelinda Diaz, grandmother of
City employee, Maria Rivas; victims of the terrorist attack in Lower Manhattan, N.Y.; victims of the
shooting Shutherland Springs,Texas; and, victims of today's shooting in Tehama County, California.
4AL ALICIA D ART , CMC SEAN ASHTON
City Clerk Mayor
City Council Minutes
Regular Meeting — November 14, 2017 9