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HomeMy WebLinkAboutMinutes - 09-10-13 Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING SEPTEMBER 10, 2013 The City Council of the City of Downey held a Regular Meeting at 7:31 p.m., September 10, 2013, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Guerra presiding. PRESENT: Council Members: Mario A. Guerra Mayor Fernando Vasquez Mayor Pro Tern Luis H. Marquez Alex Saab ALSO PRESENT: Gilbert Livas, City Manager John Oskoui, Assistant City Manager Yvette M. Abich Garcia, City Attorney Adria M. Jimenez, CMC, City Clerk Shannon DeLong, Assistant to the City Manager Carl Charles, Police Chief Mark Gillaspie, Assistant Fire Chief Brian Saeki, Community Development Director Arlene Salazar, Parks & Recreation Director Gladys Chavez, Secretary The Invocation was delivered by Father Mark Warnstedt of Our Lady of Perpetual Help Catholic Church. The Flag Salute was led by Janet Molinaro of the Emergency Preparedness Committee. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE /MEETING REPORTS Mayor Pro Tem Vasquez reported attending the Kiwanis Club of Downey- Rancho Los Amigos Annual Carnival; a Healthy Downey Partner's Meeting; and, the Wendy Doty Middle School unveiling. He requested staff schedule a Subcommittee meeting at the end of October to address the repaving of Lakewood Boulevard and a meeting for staff to review the possibility of solar panels for public buildings and parks. He recognized Emergency Preparedness Committee Member Carbajal who was in the audience. Council Member Marquez welcomed everyone in attendance. Council Member Saab welcomed Chamber of Commerce Board of Directors Paton and Kovach. He reported attending a RED Team meeting that was established by the City to reach out to large business and provide support. He attended a Gangs Out of Downey (G.O.O.D) meeting and invited everyone to the G.O.O.D Annual Luncheon on March 12 featuring guest speaker Katie Sullivan. He invited everyone to the Columbia Memorial Space Center Defying Gravity event co- sponsored by the City and the Downey Art's Coalition. He reported attending a Columbia Memorial Learning Center Subcommittee meeting and stated the committee is looking into various ways of improving the operations. He reminded everyone of his office hours on Fridays 3:00 p.m. to 5:30 p.m. He requested staff review the possibility of a parklette on the northeast corner of Downey Avenue in front of the Stay Gallery; look into solutions for maintaining Furman Park clean and clear of trash; and, explore the possibility of solar panels for City buildings and suggested the location of the staff parking lot at City Hall. City Council Regular Meeting Minutes of September 10, 2013 Council Member Brossmer recognized Downey Unified School District Board Member Corrin and thanked his Emergency Preparedness Committee Members Molinaro and Beard who were in the audience. Mayor Guerra reported attending a Downtown Subcommittee meeting where street improvements to Firestone Boulevard between Brookshire Avenue to Old River School Road were discussed. He mentioned the upcoming Budget Subcommittee Meeting. He reported attending a United States Army Board Meeting where he had the pleasure of meeting Staff Sergeant Ty Carter, Medal of Honor recipient. He stated that on September 12 he will be installed as the new President of the Independent Cities Association at the Columbia Memorial Learning Center. He reported attending the re- dedication of Wendy Doty Middle School. He requested staff provide a follow -up on the Master Parks Plan and requested staff move forward with the implementation of the smaller projects of that Plan. He recognized the passing of his aunt Evangelina Gonzalez. He stated the Healthy Downey Partners are gathering educational information to distribute to residents and our seniors. He stated the Coca -Cola Company awarded the Downey YMCA a grant in the amount of $50,000 for afterschool wellness programs. PRESENTATIONS Mayor Guerra's Healthy Downey weight was 252 pounds. Mayor Guerra and Assistant Fire Chief Gillaspie presented a Proclamation to the Emergency Preparedness Committee and proclaimed September as National Preparedness Month. Mayor Guerra and Assistant Fire Chief Gillaspie presented a Certificate of Recognition to David and Mathew Cristea for their assistance to the Emergency Preparedness Committee. Mayor Guerra presented a Proclamation to the Assistant to the City Manager DeLong and proclaimed March as National Literacy Month. Mayor Guerra and Council Member Saab presented a Certificate of Appreciation to the Downey Lions Club for their service to Downey students. CONSENT CALENDAR ITEMS REMOVED. This item was taken out of order. 5. CASH CONTRACT NO. S.S. 643 - SLURRY SEAL PROJECT AREA "D ": AWARD CASH CONTRACT IN THE AMOUNT OF $233,382.50 TO PAVEMENT COATINGS COMPANY: Public Works. This item was pulled at the request of Mayor Guerra and is listed under Other Business. 8. ADOPT RESOLUTION NO 13- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING THE GATEWAY INTEGRATED REGIONAL WATER MANAGEMENT PLAN: Public Works. This item was pulled at the request of Mayor Guerra and is listed under Other Business. CONSENT CALENDAR. This item was taken out of order. It was moved by Council Member Brossmer, seconded by Mayor Pro Tern Vasquez, and unanimously carried to approve the remainder of the Consent Calendar. 1. APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings of August 27, 2013: City Clerk. 2. APPROVED WARRANTS ISSUED: Warrant Nos. 278943 — 279283; Wire Nos. 30002985 — 30003005, and Manual Wire Nos. 1166 — 1174, in the total amount of $2,549,973.16: Finance. City Council Regular Meeting Minutes of September 10, 2013 2 3. CASH CONTRACT S.S. 596 — PARAMOUNT BOULEVARD PAVEMENT REHABILITATION PROJECT (FLORENCE AVENUE TO LUBEC STREET): ACCEPTED THE IMPROVEMENTS CONSTRUCTED AND APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $728,773.50 AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF COMPLETION: Public Works. 4. CASH CONTRACT S.S. 619 —WOODRUFF AVENUE AT WASHBURN ROAD TRAFFIC SIGNAL UPGRADE: APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $156,697.58 AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF COMPLETION: Public Works. 6. AUTHORIZED THE MAYOR TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH DATASOURCE SOLUTIONS IN ORDER TO PROVIDE I.T. SUPPORT AND MAINTENANCE FOR THE FIRE DEPARTMENT AND JOINT POWERS COMMUNICATION CENTER (JPCC) NETWORKED AGENCIES: Fire. AUTHORIZED THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE DOWNEY FAMILY YMCA (YMCA) FOR THE PURPOSE OF LEASING CITY -OWNED PROPERTY TO THE YMCA FOR A CHRISTMAS TREE LOT: Community Development. 9. ADOPTED ORDINANCE NO. 13-1318, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE II, CHAPTER 7, SECTION 2704, OF THE DOWNEY MUNICIPAL CODE RELATING TO POSITIONS IN THE CLASSIFIED SERVICE: Human Resources. 10. ADOPTED ORDINANCE NO. 13-1319,AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ENTERING INTO A DEVELOPMENT AGREEMENT WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (METRO) TO AGREE ON THE INSTALLATION AND OPERATION OF AN ELECTRONIC BILLBOARD ON PROPERTY LOCATED AT 7878 TELEGRAPH RD, ZONED M -1 (LIGHT MANUFACTURING): Community Development. 11. ACCEPTED $42,000 IN SOBRIETY CHECKPOINT GRANT PROGRAM FUNDS FOR FISCAL YEAR 2013 -2014 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY: Police. 12. APPROPRIATED $31,161 IN EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS FOR FISCAL YEAR 2013 -2014: Police. NON - AGENDA PUBLIC COMMENT Sally Morales Havice, former Assembly Member, thanked the City for their support during her time as Assembly Member. She stated that due to her concerns with the State Legislature she will be running for Senate and would appreciate the City's support. John Paul Drayer, Cerritos College Board of Trustees member for south Downey, expressed support of solar panels and stated the College is working with Mark Logan on this effort and requested the City collaborate with the College. He stated he will support Martha Sodetani and Bertha Valenzuela for the Downey Unified School Board seats and encouraged everyone to vote. Roy Beard, Emergency Preparedness Committee Member reminded everyone that the City will be holding a CERT class in October where the public will be able to learn about fire suppression. City Council Regular Meeting Minutes of September 10, 2013 3 Lilia Gonzales, resident, asked if the City had any plans to incorporate running tracks at City parks or running trails to connect the parks. She invited everyone to attend the next Bicycle Coalition Meeting that is held the last Saturday of each month at Furman Park. ADMINISTRATIVE REPORTS 13. CASH CONTRACT S.S. 613 - WOODRUFF AVENUE AND VIAAMORITA PROPOSED TRAFFIC SIGNAL: APPROVED THE INSTALLATION OF A HIGH - INTENSITY PEDESTRIAN ACTIVATED CROSSWALK ( "HAWK ") BEACON IN LIEU OF A TRAFFIC SIGNAL AT THE WOODRUFF AVENUE AT VIA AMORITA INTERSECTION: Public Works. Assistant City Manager Oskoui stated that in 2008 the City received a request from Doty Middle School (formerly known as East Middle School) to evaluate a possible measure to enhance traffic safety at the intersection of Woodruff Avenue and Via Amorita because that intersection accommodates approximately 8,100 vehicles and 700 pedestrians, mainly school -age children, on a daily basis. In response to this, the City had a comprehensive traffic study performed which revealed that the overall traffic safety at that intersection could be enhanced with the installation of a traffic signal. On February 2013 the City Council awarded a contract for the installation of a traffic signal. Asa result of that decision, concerned residents approached the City to express their opposition of a traffic signal. At the direction of the City Council staff did not move forward with the installation until such time that the City Council could hear directly from all interested parties. On July 8, 2013 a Special City Council meeting was held to address concerns from residents and that included a comprehensive study prepared by City staff and a traffic engineering consulting firm. The report included information regarding: field discussions with Doty Middle Schoolteachers; field observation of traffic on Woodruff Avenue and on Via Amorita; field observation of students crossing Woodruff Avenue at Via Amorita; field discussion with parents of students attending Doty Middle School; traffic data collection; number of students for each crossing; total time to cross intersection; time of day for each crossing; and, recommendations. As a result of these findings the following recommendations were made: place a crossing guard at the intersection; install in- pavement lighting; flashing beacon, high visibility crosswalk; raised intersection table; speed rumble strips; have specified drop -off and pick -up zones; install a high intensity activated crosswalk; restrict a left -turn movement from westbound Via Amorita to southbound Woodruff Avenue on school days, during school hours, in order to reduce conflicts between left- turning motorists and pedestrians crossing Woodruff Avenue within the school crosswalk; and /or install a traffic signal at Via Amorita and Woodruff. Thus far, the City has moved forward with assigning a crossing guard at the intersection. The second recommendation from staff is the installation of a High Intensity Activated Crosswalk Beacon in lieu of a traffic signal. He stated the "HAWK' beacon is an effective traffic control device because it provides for safe passage of pedestrians at a crosswalk while allowing for orderly progression of vehicular traffic resulting in reduced traffic congestion. He stated residents have expressed their concerns regarding the HAWK and the City has not moved forward with the installation until the City Attorney provides her opinion about the City's responsibilities and obligations. He stated the City Attorney has concluded that the City's failure to install a traffic control device at the subject intersection, contrary to the recommendations contained in two traffic studies, coupled with the City's knowledge of past accidents at the intersection, creates a liability to the City should a person be injured. Mayor Guerra stated there was also a concern at Woodruff Avenue and Florence Avenue when the crossing guard holds up traffic on the northwest corner in order to safely walk the children across the street which causes a back up of vehicles that can not turn left from Woodruff Avenue. Assistant City Manager Oskoui stated that a possible solution would be to move the crosswalk from one side of Woodruff to the other. He stated this would allow unimpeded movement of vehicles that want to make a left turn from Woodruff Avenue to Florence Avenue. He stated the children would have ample time to cross Woodruff Avenue as they would be crossing with the green light for vehicles traveling on Florence Avenue. City Council Regular Meeting Minutes of September 10, 2013 4 Council Member Saab expressed concern regarding that recommendation because there does not appear to be ample space on the southeast corner of Woodruff Avenue and Florence Avenue to hold the children while they wait for the light to turn green. Mayor Guerra suggested increasing the signal timing or have a three -way traffic signal light for vehicles turning left from Woodruff Avenue onto Florence Avenue. Assistant City Manager Oskoui stated all alternatives will be considered. Council Member Saab asked if there have been vehicle accidents at the intersection of Woodruff Avenue and Via Amorita. Assistant City Manager Oskoui stated there are five documented accidents in the past four years. Of those five four involved injury to a student. He explained that the "HAWK' beacon would be installed on an existing street light at the intersection of Woodruff Avenue and Via Amorita. Mayor Guerra stated the HAWK was new technology that would remain dark until activated by a pedestrian. Council Member Saab asked what warning the HAWK would display once activated. Assistant City Manager Oskoui stated there are two light bulbs on the top and one on the bottom. It is pedestrian activated to alert motorist that a pedestrian is at the crosswalk. Once the HAWK is activated it flashes yellow then red to allow pedestrians to cross. Once the pedestrian is safely on the other side the HAWK goes dark until activated again. Mayor Guerra asked for the time allotted for a pedestrian to cross. Bill Zimmerman, traffic engineer, explained it can be programmed for 30 seconds or 60 seconds. Council Member Saab asked for clarification on the language used in the sign that is mounted next to the HAWK. Assistant City Manager Oskoui stated the language would read, "Stop on Red." Council Member Saab asked for clarification on the location of the HAWK and where would traffic stop. Assistant City Manager Oskoui stated it would be located on the northeast corner of Woodruff Avenue and Via Amorita and would be combined with an existing street light pole. Traffic would stop behind the existing crosswalk and delineation would be added to the opposite side of street. Mayor Guerra invited the public to speak on this item. Mark Gonzalez, resident, stated the HAWK would have a negative affect on the neighborhood because it would be another object on the street that may not alleviate traffic and will encourage drivers to stop regardless of it being activated or not. He stated moving the crosswalk on Florence Avenue and Woodruff would only create more work for the crossing guard. He did agree with a three -way signal at that intersection. He stated school staff should be required to park on campus, loading and unloading of the school bus takes parking spaces away from parents, and finally the school has enacted a secured campus closing off all of the gates and forgot that the only handicap parking space is on campus. Mayor Guerra requested clarification of Mr. Gonzalez's opposition and asked if his concern was geared toward the aesthetics of the HAWK. City Council Regular Meeting Minutes of September 10, 2013 Mr. Gonzalez stated that before speaking on his opposition he would like to know who would have control of the HAWK, would it be the crossing guard and how long would it be on once activated. He stated the neighborhood would like something less intrusive to be installed, for example flashing lights on the pavement or a smaller pole to include only one light. Mayor Guerra stated the timing would be adjusted based on need, the time may vary from 30 -60 seconds and the crossing guard would probably be the person to activate the HAWK. Jennifer Alvarez, resident, stated she is glad that a much needed crossing guard has been placed at the intersection of Woodruff Avenue and Via Amorita. She requested a crosswalk be painted on Via Amorita near Woodruff Avenue. She stated having no knowledge that No Parking Zones would be installed on Woodruff Avenue and was surprised to hear this was voted on during a previous meeting. In addition, she feels the restrictions are only encouraging parents to drop off children at Via Amorita where currently there are no sidewalks for them to walk, increasing the risk of an accident. She requested the City look into alternate cost effective measures and not only focus their attention on the HAWK for safety traffic measures. She thanked the City for listening to the concern of the residents. Mayor Guerra stated the agenda of the Special Meeting that was scheduled to address this concern did include the discussion of adding No Parking Zones. He referred Ms. Alvarez to Item No. 3 of that agenda. He stated the sign reads No Parking on school days, 7:00 a.m. to 8:00 a.m. and 12:30 p.m. to 3:00 p.m. and only loading and unloading is allowed. Mr. Shubin, Principle of Doty Middle School clarified that school busses load and unload in red parking zones which does not affect on street parking. In previous years, the school placed a temporary stop sign at the crosswalk on the corner of Woodruff Avenue and Via Amorita as a safety precaution until permanent solutions could be implemented, but it is no longer in use. The crossing guard on Via Amorita and Woodruff Avenue will only cross students north and south on Woodruff Avenue. Lengthening the green light on Woodruff Avenue and Florence Avenue would alleviate traffic congestion. The school has instituted a secured campus which means all perimeter gates are locked during school hours and this was due to two school lock downs from the previous year. On -site school parking is only for faculty and was never intended to be a drop -off zone for children. He stated he is aware of a few faculty members that park off -site on Chaney Avenue. He stated his main concern is the safety of his students and the new crossing guard has made significant improvements but the future of a guard is based on funding; therefore, the HAWK would be a more permanent solution that would enhance the safety of the students when coupled with a crossing guard. He stated since 2003 six students have been hit by a vehicle at the corner of Woodruff Avenue and Via Amorita; therefore, student safety trumps any other concerns regarding the HAWK. Having no further speakers, Mayor Guerra closed the Public Comment. Mayor Guerra invited Mr. Shubin to speak on this issue. Mr. Shubin stated any vehicle entering the on -site parking lot has to first traverse a students walking path. Currently, staff enters but any additional traffic would only create an unsafe condition as they would not only be entering the parking lot but also exiting. City Attorney Abich Garcia stated that in addition to student safety concern the City has a legal liability issue that stems from two items: the City has two traffic studies that have concluded that a traffic control device is warranted at the intersection of Woodruff Avenue and Via Amorita and the City is aware of previous accidents at the intersection. Those two issues expose the City to liability. Anyfuture injuries at the intersection could be used against the City during litigation stating the City ignored the traffic studies and was already aware of previous accidents; therefore, the City should be liable. She stated the traffic studies are public records and any attorney could obtain the study and use them as exhibits in a case against the City. The City could face a large liability. She stated her opinion was to install the HAWK for children and pedestrian safety and to avoid potential City liability. City Council Regular Meeting Minutes of September 10, 2013 6 Council Member Saab asked if the HAWK would comply with the recommendations of the engineer report. City Attorney Abich Garcia stated yes. Mayor Guerra stated in a Special Meeting the Council voted on adding a crossing guard, including a drop -off zone, adding a No Left Turn on Via Amorita to Woodruff, and synchronize the traffic light at Woodruff Avenue and Florence Avenue. He stated the Council would wait to vote on the traffic light until they had the opinion of the City Attorney. He stated that based on tonight's recommendation by the City Attorney he could not risk the safety of the children or City liability. He stated the HAWK is a great compromise because unlike a street light that is on all of the time, the HAWK is only on when activated by a pedestrian. Council Member Saab asked for clarification regarding damage to the parkway by pedestrians waiting to cross the street and the pick -up and drop -off locations. He asked if the parkway could be removed and sidewalk installed if the residents requested. Assistant City Manager Oskoui stated staff would consider residents requests for an alternative to a parkway and the City Council could direct staff to set money aside for such improvements. He stated that regardless of which is best the fact remains that the traffic of students and vehicles will remain unchanged; therefore, the new designated parking restrictions where parents can drop -off and pick -up children will encourage the traffic to flow and eliminate double parking. Mayor Pro Tern Vasquez asked what time frame was analyzed on the engineers report. Mr. Zimmerman stated the peak hours studied were from 6:50 a.m. to 8:00 a.m. and 2:30 p.m. to 3:00 p.m. Mayor Pro Tern Vasquez stated he visited the school site and the first few days were very chaotic; however, as school days have progressed there is more harmony and mobility. He stated that although residents have suggested a flashing beacon, the Public Works Department has stated that itwould not improve mobility. He stated the Council has listened to the residents by providing a venue for dialogue, many of the implementations came in as suggestions from residents during previous meetings such as a No Left Turn from Via Amorita to Woodruff Avenue. He stated that in assuming his fiduciary responsibility he can not expose the City to liability and he can not fail a parent by not addressing the issues. It was moved by Mayor Guerra, seconded by Mayor Pro Tem Vasquez, and unanimously carried to approve staff's recommendation. OTHER BUSINESS. This item was taken out of order. 5. CASH CONTRACT NO. S.S. 643 - SLURRY SEAL PROJECT AREA "D ": AWARDED CASH CONTRACT IN THE AMOUNT OF $233,382.50 TO PAVEMENT COATINGS COMPANY: Public Works. Council Member Saab left the dais during consideration of this item as it is within 500 feet of his place of business. Mayor Guerra stated that in 2008 funds were received and asked why there was a five year delay in utilizing them. City Council Regular Meeting Minutes of September 10, 2013 Assistant City Manager Oskoui stated in 2008 the City received grant funds. Once the City's design process was completed the City experienced a significant delay in having project specifications approved. After the lengthy approval process, the City had to secure a contractor which added to the delays. However, he stated five years is a long time and he will review the process to avoid a future similar delay. It was moved by Council Member Brossmer, seconded by Mayor Pro Tem Vasquez, and carried 4 -0 -1 with Council Member Saab abstaining, to approve staffs recommendations. Council Member Saab returned to the dais at 9:30 p.m. 8. ADOPTED RESOLUTION NO 13 -7443, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING THE GATEWAY INTEGRATED REGIONAL WATER MANAGEMENT PLAN: Public Works. Mayor Guerra stated there was a vetting on the Gateway Integrated Regional Water Management plan and asked for clarification if the City was an active participant. Assistant City Manager Oskoui stated the Gateway Integrated Regional Water Management will afford the City the opportunity to apply for grant funding that is not available at the local level. City Manager Livas stated Assistant City Manager Oskoui has been a leader in this field and it was in the best interest of the City to vote in favor of this item. It was moved by Mayor Guerra, seconded by Mayor Pro Tem Vasquez, and unanimously carried to adopt the Resolution. STAFF MEMBER COMMENTS Mayor Guerra stated that the Council Meeting of September 24, 2013 will begin at 5:30 p.m. for close session and 6:30 p.m. for the regular meeting. ADJOURNED The meeting adjourned at 9:33 p.m. to 5:30 p.m., September 24, 2013, in Memory of Evagelina Gonzalez, Aunt of Mayor Mario A. Guerra; Marianne van Raay, mother in -law of City employee Kathleen van Raay; and, the servicemen who perished this past week during Operation Enduring Freedom: Master Sgt. George Bannar, Jr., 37, Orange, VA; Spc. Kenneth Alvarez, 23, Santa Maria, CA; Pvt. Jonathon Hostetter, 20, Humphreys, MO; 1st Lt. Jason Togi, 24, Pago Pago, American Samoa; Sgt. 1s' Class Richard Young, 34, Rosston, AK; Staff Sgt. Michael 0011111s, 24, Stmt Island, NY. ADRIA M. JIMENEZ, CifIC MARIO A. GUERRA, Mayor City Clerk City Council Regular Meeting Minutes of September 10, 2013