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HomeMy WebLinkAboutMinutes 03-08-16 Regular MeetingMINUTES OF COUNCIL CITY OF OF DOWNEY REGULAR MEETING MARCH 8, r The City Council of the City of Downey held a Regular City Council Meeting on March 8, 2016, at 6 :35 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Saab presiding. PRESENT: Council Members. Alex Saab Fernando Vasquez Sean Ashton Roger C. Brossmer Luis Marquez Mayor Mayor Pro Tern Council Member Council Member Council Member The Invocation was delivered by Mayor Saab. The Flag Salute was led by Downey High School KIWIN'S: Daniel Gonzalez, Patricia Flores, Mikayla Bisson and Jocelyn Martinez. COUNCIL • FOR r CONFERENCE/MEETING REPORTS Council Member Ashton reported attending the Downey Little League Opening Ceremony and the TLC 5K Run. He thanked the community members who attended his Town Hall meeting. He announced upcoming events: Arc Walk Fundraiser; Keep Downey Beautiful Clean Up; and, Brunch with the Bunny. He requested staff draft a resolution asking the State of California to increase the penalty for fatalities caused by street racers. Council Member Marquez welcomed the audience to the City Council Meeting. He provided` an update regarding the Eco -Rapid Transit Project and the release of a Request for Proposals for an Environmental Impact Report as well as funding allocation for the project. Council Member Brossmer welcomed the audience to the City Council Meeting. He reported attending a Theatre Subcommittee meeting and provided an update on the status of the Theatre renovation project. Mayor Pro Tern Vasquez announced the Gangs Out of Downey Luncheon; Dottie Middle School visit to City Hall; and, his participation as a panelist at the University of Southern California for Univision's Financial Fair regarding Small Businesses and Finances. He recognized Michael Murray, former Planning Commissioner; Mrs. Murray; and, Teacher Alex Gaytan, in the audience. He requested staff schedule a Lakewood Boulevard Subcommittee meeting. City Council Minutes Regular Meeting — March 8, 2016 Mayor Saab welcomed the audience to the meeting. He requested an update from the Public Works Department on the Firestone and Lakewood Projects. Director Mostahkami provided an update on the construction on Firestone and Paramount. Paving and grinding of the street starts tonight and will be completed in the next few days. Firestone east construction has started between Lakewood and east City limit. The contractor has begun the installation of the median island irrigation line and paving will begin once the median island work is complete. The Lakewood /Rosemead and Telegraph intersection project began today with Phase One of Four Phases. The contractor will begin with concrete work. Staff has met with the City of Pico Rivera and is working with Edison on the relocation of poles. The anticipated completion time for the project is between June and July of this year. Mayor Saab reported attending a Theatre Subcommittee meeting and provided an update on the renovation. He commented on the use of the Theatre for various events throughout the year. He reported participating in the "Day of the Reader" event at various local schools and the Wesley Health Center. He also attended Downey Unified School District MADE Program Celebration and the convening of Mayors at the Museum of Latin American Art to discuss transportation issues. He announced upcoming events: Gangs Out of Downey Luncheon; Downey Federal Credit Union CARES Cook -Off; PTA HELPS Open House: Brunch with the Bunny; and, Family Game Night at the Columbia Memorial Space Center. PRESENTATIONS 1. Mayor Saab presented the Mayor's Distinguished Citizen Award presented to Alex Gaytan. 2. Council Member Ashton presented a Certificate of Recognition to Chuck Frey, for his service and commitment to the Green Task Force. 3. Presentation to the City by Downey Sister City's Association of paintings by Maureen Gaffney- Wolfson to be donated to the People of Ireland. PUBLIC HEARINGS: None. NON- AGENDA PUBLIC COMMENT Roy Beard, resident, stated there will be a presentation to the Neighborhood Watch Committees on emergency preparedness and announced an upcoming sheltering class and new CERT Class. Resident, no name provided, commented on the American Disability Act Resident, no name provided, commented in regards to speeding issues at the 8100 block of De Palma, between Downey Avenue and Paramount Ave. Business owner, no name provided, commented in regards to excessive car accidents at the intersection of Imperial Highway and Bellflower Avenue. Mr. Ivan, Solplicity, commented regarding his solar panel company and requested to meet with City staff to discuss solar panel installation at a City facility free of cost. CONSENT CALENDAR It was moved by Mayor Pro Tern Vasquez, seconded by Council Member Brossmer, and carried unanimously, with Council Member Ashton pulling Item No. 12, to approve the remainder of the Consent Calendar. City Council Minutes Regular Meeting — March 8; 2016 2 1. APPROVED MINUTES: Special and Regular Meetings of February 23, 2016: City Clerk. 2. WARRANTS ISSUED: Warrant Nos. 301559- 301980; Payroll Wire Nos. 30003434= 30003438 Manual Wire Nos. 1416- 1418; Cashier Check Nos. 79 -81; Voided Check No. 301731 for $2,350.56, in the total amount of is $3,515,252.99: Finance. 3. CASH CONTRACT NO. CC 675 — BLANDOOD ROAD AND TRUE AVENUE SEWER LIFT STATIONS REPLACEMENT PROJECT: REJECTED BIDS, APPROVED PLANS AND SPECIFICATIONS, AND AUTHORIZED SOLICITATION FOR Public Works. 5. APPROVED A SERVICE AGREEMENT WITH MARK 43 FOR DEVELOPMENT OF RECORDS _ AND COMPUTER AIDED DISPATCH (CAD) TO REPLACE THE CURRENT SYSTEMS: Police c• i i • r ;i • • + l • r • r r • r r• r r r r - - - • 7. ADOPTED - • I • 116-76116 A RESOLUTION OF • OF OF DOWNEY AUTHORIZING SUBMITTAL OF APPLICATION TO CALIFORNIA DEPARTMENT OF • AND RECOVERY (CAL RECYCLE) FOR CONTAINER • " • AND RELATED • • N: Public Works. • r r - i • • i • • i • i' •rI • i • 1 - • - ADOPTED RESOLUTION N• f A RESOLUTION OF • OF OF DOWNEY APPOINTING TO THE GREEN TASK FORCE FOR DISTRICT Mayor • Tern Vasquez. City Council Minutes Regular Meeting — March 8, 2016 3 ADOPTED ORDINANCE NO. ORDINANCE OF • OF THE CITY OF DOWNEY AMENDING SECTION OF DOWNEY MUNICIPAL CODE SECTION 9314.04 OF THE DOWNEY MUNICIPAL CODE, TO ALLOW COMMERCIAL RECREATION USES IN THE M-1 (LIGHT MANUFACTURING) AND M-2 (GENERAL MANUFACTURING) ZONES: Community Development. 10. ADOPTED RESOLUTION NO. 16 -7619, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING THE "NO PLACE LIKE HOME" SENATE PROPOSAL ON HOMELESSNESS: Administration. Resident, no name provided, commented on the homeless community and monetary assistance for the homeless. 12. INTRODUCE ORDINANCE NO. 16--, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING DOWNEY MUNICIPAL CODE ARTILE II, CHAPTER 1, SECTION 2105 REGULATING THE RULES OF CONDUCT FOR CITY COUNCIL MEETINGS: City Attorney. Council Member Ashton stated he did not have any issues with the current length of public comment time. As a compromise, he suggested having a three minute non - agenda public comment period and a three minute consent calendar public comment period. Mayor Pro Tern Vasquez asked what other cities practice in regards to public comment. City Attorney Abich Garcia stated most cities allow a three minute time period which complies with State law. Council Member Marquez agreed with keeping the current practice but reducing the time to three minutes. Council Member Ashton said he would also like to have a three minute public comment period for administrative reports. Mayor Saab stated he was not in favor of reducing the public comment time period. He would like to have non - agenda public comment at the beginning of the meeting to avoid having speakers wait. Council Member Ashton stated he would like to have a three minute time period for every part of the agenda instead of the proposed onetime five minute period and would like the non - agenda public comment time period to beheld at a consistent time during the meeting. Council Member Marquez stated he would like a policy changing the public comment time periods to three minutes instead of five minutes, and to have non - agenda public comment time moved to the beginning of the meeting. Council Member Brossmer said he is not in favor of reducing the public comment time and does not want to dictate when the non - agenda public comment period takes place. Council Member Ashton stated his concern was the item being approved had he not pulled it from Consent Calendar. He clarified he did not request this item be placed on the agenda and was not happy with it but was offering the three minute suggestion as a counter proposal to the recommendation but is fine with the way it is now: City Council Minutes Regular Meeting— March 8, 2016 4 City - Attorney Abich Garcia recommended not limiting the time for public comment on public hearing items involving property rights or Planning Commission appeals in order to allow the applicant or appellant to make an argument on a decision or make their case. She stated the current rules are written to allow the Mayor to use his discretion and extend the amount of time for these issues. Mayor Saab opened this item for public comment. Resident, no name provided, commented against any change to the public comment time and referenced the Ralph M. Brown Act. He questioned if Council Member Ashton is against the public's First Amendment rights. Having no one else come forward, Mayor Saab closed public comment Council Member Ashton replied to the comments made by the resident. He clarified he did not place this item on the agenda and said he suggested the three minute time period per agenda section in counter argument of the proposed change of a one -time five minute public comment period per person. He stated wanting more time for the public to speak and had he not pulled the item it would have been passed and there would only have been a five minute public comment period. There was no action taken on item. r •• i ' • • .1 r • • ' • r a"wl E Len r ••,, r r r; i- ACCEPTABLE BY THE CITY ATTORNEY: Administration. The staff report was provided by Director Salazar. As part of the celebration of the City's 60th Anniversary, Council asked staff to provide options for hosting a one -time fireworks show during the Fourth of July weekend. Director Salazar explained there are several options available including costs dependent upon the scale of the desired event, and the date selected by the Council. She advised the City Council Downey High School is the only location available to hold the event. Council Member Brossmer stated his vote was to hold the celebration on July 4. Mayor Saab concurred with July 4. Council Member Ashton stated he was opposed to holding the celebration due to the surveying of a proposed tax increase and said he does not think it is a good idea Unless there is sponsorship. Council Member Marquez said he was in agreement with July 4, Mayor Pro Tern Vasquez agreed with July 4. Council Member Brossmer suggested contracting with Expo Shows based on the lower cost. Mayor Saab said in the past, the cost of this type of event was significantly offset by sponsorships. He mentioned he has already spoken to members of the community about sponsorship and said this would be a community event that could substitute having fireworks at home including illegal fireworks. He prefers the medium option for the celebration and said it is well worth celebrating the City's 6& Anniversary. City Council Minutes Regular Meeting — March 8, 2016 5 Council Member Brossmer stated his agreement with Mayor Saab and commented on the other events held throughout the year which are more costly. He said it is the Council's job to inform the public. He encouraged staff to seek fundraising and donations to offset the cost and said it is a worthwhile event at that level. Mayor Pro Tern Vasquez asked if the full cost of the previous fireworks event was offset through sponsorship. City Manager Livas stated a significant portion was offset. City Council discussed and agreed with selecting Option #4 for the event, which would feature limited carnival games; one stage; open swim at the pool with DJ and pool games; and, the fireworks show. Total event time of 3.5 hours. Council Member Ashton stated he was still hesitant about holding the event without having secured the sponsorship. Mayor Saab explained the event must be scheduled to obtain sponsorship. Mayor Pro Tern Vasquez asked Council Member Ashton what his solution would be and what could be done to gain his support. Council Member Ashton stated he could not support holding the event at this time due to the proposed tax increase issue. City Manager Livas commented on the value of having this community event and the expense to hold other recreational events throughout the year. He commented on the cancelling of the fireworks event in the City years past and the numerous calls from the public to City Hall to complain. He mentioned it was unfortunate to have this celebration tied to a sales tax initiative. Council Member Ashton commented on Council Member Brossmer's concern about having fireworks banned in the City and said he is not in support of having the event at this time. Council Member Brossmer clarified he asked staff to look into banning fireworks not necessarily being in opposition to fireworks. Mayor Saab opened this item for public comment. Resident, no name provided, commented in favor of holding the celebration through donations and fundraising. Having no one else come forward, Mayor Saab closed public comment It was moved by Mayor Pro Tern Vasquez, seconded by Council Member Brossmer and approved 4 -1 -0, with Council Member Ashton voting no, to hold the 60th Anniversary Event on July 4; contracting Expo Shows for a 23 Y2 minute fireworks show, with an additional $2,000 cost; and, off -set costs with sponsorships, donations and fundraisers. City Manager Livas thanked Director Salazar for her assistance with the 60th Anniversary item. He commented on The Promenade grand openings; City Council Minutes Regular Meeting — March 8, 2016 6