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HomeMy WebLinkAbout04b. Minutes - 06-12-18 - Regular MeetingCity Council Minutes Regular Meeting – June 12, 2018 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JUNE 12, 2018 The City Council of the City of Downey held a Regular City Council Meeting on June 12, 2018, at 6:34 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Ashton presiding. PRESENT: Council Members: Sean Ashton Mayor Rick Rodriguez Mayor Pro Tem Blanca Pacheco Council Member Alex Saab Council Member Fernando Vasquez Council Member ALSO PRESENT: Gilbert Livas, City Manager Yvette M. Abich Garcia, City Attorney 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 Alex Vargas, The Lord’s Grace Church. The Pledge of Allegiance was led by Ethan Melgarejo. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE/MEETING REPORTS Council Member Saab welcomed the audience to the meeting. He acknowledged former Mayor Mario Guerra in the audience and thanked him for his years of service. He acknowledged Martha Sodetani and Ivan Sulic. He encouraged students to visit the Columbia Memorial Space Center, the City Library and City parks to participate in the summer programs. He commented regarding the budget workshop held last week and said the final budget will be approved at the next Council meeting. He thanked City Manager Livas, Assistant City Manager Oskoui, Department Heads and City staff for their work and efforts on the budget. He reported attending two Budget Subcommittee Meetings in the last week and thanked Council Member Vasquez for his participation in the Committee. He attended a Downtown Subcommittee with Mayor Pro Tem Rodriguez and announced new things are coming for the downtown area. He congratulated the owners of BRB for their grand opening. He congratulated the new President of Gangs Out of Downey, Julie Garcia. He announced upcoming events: Downey Police and Fire Foundation Golf Tournament, Downey Chamber of Commerce Annual Golf Tournament, Tacos n’ Miches ribbon cutting, the ARC Installation & Awards Banquet, and upcoming Concerts in the Park at Furman Park beginning June 20. He wished father’s in the audience a Happy Father’s Day. He requested staff address exterior lighting and the marquee at the CMSC. Council Member Pacheco welcomed the audience to the meeting. She acknowledged Michael Calvert in the audience. She reported participating in the Walk with a Council Member at Downey High School. She encouraged those interested to join them on Wednesdays. She reported attending the League of California Cities Housing and Economic Development Policy Committee meeting in Sacramento where and explained the committee votes on proposed legislations. She commented regarding the Committee’s opposition of Senate Bill 831 which deals with accessory dwelling units City Council Minutes Regular Meeting – June 12, 2018 2 which can have serious impacts in the communities. She announced open enrollment for new students to the ASPIRE Program and Concerts in the Park at Furman Park. Council Member Vasquez welcomed the audience to the meeting. He mentioned attending two Budget Subcommittee meetings and acknowledged the work City Manager Livas and all the Department Heads have done to position the budget. He recognized the Downey Youth Commissioners in the audience and said the City will be contacting them to obtain their ideas and input for the redesign of the City parks. He acknowledged members from Courage Forward in the audience and thanked them for their work in the community. He announced construction is starting on Lakewood Blvd. between Gallatin and Telegraph and recommended taking alternative routes to avoid traffic congestion. He mentioned serving on the Lakewood Blvd. Subcommittee with Council Member Pacheco and having the opportunity to oversee the design and esthetics of the project. He commented on the upcoming World Cup event. Mayor Pro Tem Rodriguez acknowledged his granddaughter in the audience. He mentioned being asked by Supervisor Hahn’s office to initiate a meeting with various stakeholders in the community to discuss the idea of helping foster children that live within the City. He said it was an amazing meeting and they discussed solutions to help these foster children. He welcomed the new Gangs Out of Downey President Julie Garcia and wished her the best of luck. He announced participating in the Walk with a Council Member event. He reported attending the West Downey LL Closing Ceremony game. He announced the second meeting of the Downey Clergy Council and said a total of 18 churches are now participating and discussing issues related to seniors, PTA Food Helps, Meals on Wheels, homelessness, and foster children. He reported attending an Army Report where they discussed how the business community can support and collaborate with future soldiers in the community. He acknowledged future soldiers present in the audience. Lastly, he acknowledged and congratulated Mayor Ashton for his Prayer Breakfast. Mayor Ashton welcomed the audience to the meeting. He commented on the Mayor’s Prayer Breakfast and mentioned the owner of McGuire car products was the guest speaker. He thanked Mayor Pro Tem Rodriguez for his kind comments. He mentioned the Metro Board met on May 24 and discussed the Eco-Rapid light rail line project from Artesia to Downey and into downtown Los Angeles. He shared they have now narrowed the route to two options. He thanked Michael Calvert and Frank Dean for attending the meeting and providing their input. He said he plans to attend the Walk with a Council Member event scheduled tomorrow at Downey High School. PRESENTATIONS 1. Mayor Ashton presented the Mayor’s Downey DNA Award to Mario Guerra. 2. Mayor Ashton presented the Mayor’s Hero of the Meeting Award to Nelson Martinez. 3. Mayor Ashton with assistance from Director Passow presented Certificates of Recognition to Outgoing Youth Commissioners. The Youth Commissioner presented their year in review to the City Council. 4. Presentation to the City Council by Relay for Life Team. 5. Recognition of U.S. Army 243rd Birthday. Council Member Saab requested staff add the request from Relay for Life to use the Showmobile to the next City Council meeting agenda. Council Member Saab acknowledged former Youth Commissioner Jailene Lemus and the Guerra family in the audience. City Council Minutes Regular Meeting – June 12, 2018 3 RECESS/RECONVENE Mayor Ashton recessed the City Council meeting at 7:42 p.m. Mayor Ashton reconvened the City Council meeting at 8:01 p.m. PUBLIC HEARING: 1. ZONE TEXT AMENDMENT FOR CREATION OF A BIOMEDICAL OVERLAY ZONE: Community Development. Mayor Ashton announced Public Hearing Item No. 1 would be continued to the City Council Meeting of Tuesday, June 26, 2018, at 6:30 p.m. in the City Council Chambers. It was moved by Council Member Saab, seconded by Council Member Vasquez and carried unanimously to continue the Public Hearing for the zone text amendment for creation of a Biomedical Overlay Zone to the next regular scheduled meeting of June 26, 2018. 2. AMENDMENT TO THE MUNICIPAL CODE TO ADOPT LANGUAGE ADDRESSING MINOR COMMERCIAL RECREATION USES: Community Development. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING VARIOUS SECTIONS OF ARTICLE IX OF THE MUNICIPAL CODE REGARDING DEFINITIONS, VARIOUS ZONE USES, AND PARKING REGULATIONS RELATED TO MINOR COMMERCIAL RECREATION USES. Mayor Ashton opened the Public Hearing at 8:02 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 David Blumenthal, Principal Planner. The Zone Text Amendment was initiated by a request by the City Council to explore the viability of allowing Martial Art uses in the Neighborhood Commercial (C-1) zone. The proposed amendment separates individual recreational uses such as martial arts, from the existing Commercial Recreation use classification and establishes a new Minor Commercial Recreation to be permitted in the C-1 zone. The Planning Commission conducted a public hearing and adopted a resolution recommending the City Council approve a Zone Text Amendment to amend various sections of Article IX of the Downey Municipal Code. Currently the definition of Commercial Recreation lists a wide variety of uses that are allowed in the City, but prohibits all recreation uses, including martial arts from occupying locations within the C-1 zone. The proposed language primarily affects the C-1 zone, and is to be prohibited in the manufacturing zones. A new definition will be established for Minor Commercial Recreation, and definitions will be modified for Commercial Recreation and Personal Improvement Services. In addition, Minor Commercial Recreation will now be found in various land use regulation tables and will be subject to a Conditional Use Permit. Lastly, a new parking regulation of 1/250 square feet will be established for Minor Commercial Recreation uses. Council Member Saab asked if a martial arts studio in the proposed zone would be required to apply for a Conditional Use Permit and go before the Planning Commission. Mr. Blumenthal stated yes and the standard process for a Conditional Use Permit is three to four months. Council Member Vasquez asked what the thought process was for this requirement. Director Schindler stated C-1 zones are adjacent to neighborhoods and at times excessive noise can be created from opening multiple doors or people waiting in line to enter the business. This approach is conservative but protects the quality of life of neighborhoods that could be affected. City Council Minutes Regular Meeting – June 12, 2018 4 Council Member Vasquez stated his preference for handling these types of permits at the staff level. He voiced his concern for additional regulatory requirements being imposed. Council Member Saab commented regarding the lengthy process of applying for a Conditional Use Permit and tenants not being able to keep the lease while they wait for approval. He asked if permits for smaller studios could be handled at the staff level. Director Schindler stated they could manage these with a Minor Conditional Use Permit reviewed by the City Planner. Council Member Vasquez asked for the timeframe of a Minor Conditional Use Permit. Mr. Blumenthal stated one to two months. Mr. Blumenthal provided a brief explanation of permit requirements in different zones. The Minor Conditional Use Permit does not require a Public Hearing and there is a smaller noticing requirement conducted by staff. There is also a process in place should an appeal arise. Council Member Vasquez commented being business friendly with the business community. City Manager Livas assured Council’s concerns can be addressed with the Minor Conditional Use Permit. He commented on the parking issues that can result from allowing these types of businesses adjacent to residential areas or to other commercial property owners. Council Member Saab asked what is defined by martial arts. Mr. Blumenthal stated the definition for Minor Commercial Recreation states martial arts shall be specific to any traditional form of self-defense or combat that utilizes physical skill and coordination such as but not limited to karate, aikido, judo, tai chi, kung fu, jiu-jitsu, and krav maga. Council Member Pacheco inquired about Cross Fit establishments. Mr. Blumenthal stated those type of establishments will be kept in Commercial Recreation zones. He explained currently the City is not experiencing any problems due to proper control but there is a concern small uses can expand out to parts of the City that are neighborhood adjacent. City Manager Livas explained in previous years these types of business where not allowed adjacent to residential areas. Mr. Blumenthal added the Minor Conditional Use Permit will still provide conditions of approval and the fee is $500 versus $2,000 for a regular Conditional Use Permit. Mayor Ashton opened for public comment at 8:18 p.m. Armando Herman, resident, commented in opposition of the proposed Zone Text Amendment. Having no one else come forward, Mayor Ashton closed public comment at 8:23 p.m. Council Member Pacheco inquired if dance studios would be permitted in the Minor Commercial Recreation Zone. Mr. Blumenthal stated dance studios are only allowed in Commercial Recreation zones. City Attorney Abich Garcia asked Mr. Blumenthal if any text changes were required to the proposed ordinance based on the direction from City Council. Mr. Blumenthal sated that one minor change can be made to the use table proposed in the ordinance simply by adding a sub note stating it is for Minor Conditional Use Permit and not Conditional Use Permit. City Council Minutes Regular Meeting – June 12, 2018 5 It was moved by Council Member Saab, seconded by Council Member Vasquez and carried unanimously to introduce an Ordinance of the City Council of the City of Downey amending various sections of Article IX of the Municipal Code regarding definitions, various zone uses, and parking regulations related to Minor Commercial Recreation Uses with the proposed change to the use table. 3. LIGHTING AND LANDSCAPING DISTRICT, ASSESSMENT DISTRICT 121, FISCAL YEAR 2018- 2019: Public Works. ADOPT RESOLUTION NO. 18-7810, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2018-2019. Mayor Ashton opened the Public Hearing at 8:26 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 Ed Norris, Interim Director of Public Works. The item before City Council involves the establishment of assessment rates for Fiscal Year 2018-19 to be levied upon property owners within Assessment District 121 for the cost of street lighting and landscaping operations and maintenance. Per the Engineer’s Report the total cost of operating and maintaining the street lighting and landscaping in the District is $1,962,339. The estimated revenue to be generated through the proposed assessment levy is $1,319,343. An estimated additional $744,434 will be levied through property taxes, resulting in total estimated revenue of under $2.1 million. With the adoption of the resolution confirming the assessment rates, staff will coordinated with the County Auditor-Controller to collect the assessment revenue. Mayor Ashton opened for public comment at 8:28 p.m. Armando Herman, resident, commented in regards to increased assessment to property owners. Having no one else come forward, Mayor Ashton closed public comment at 8:33 p.m. Mayor Ashton asked if the City is making a profit from this assessment. Mr. Norris stated no and clarified the assessment rates are adjusted so the City covers the cost of the maintenance and operations of the street lighting system. It was moved by Council Member Saab, seconded by Council Member Vasquez and carried unanimously to Adopt Resolution No. 18-7810, a Resolution of the City Council of the City of Downey confirming Lighting and Landscaping Assessment District 121 for Fiscal Year 2018-2019. NON AGENDA PUBLIC COMMENT Mayor Ashton opened non agenda public comment. Allen Halstensgaard, resident, commented regarding abortion. Armando Herman, resident, commented regarding police authority, mental health issues and homlessness. Winona Spears, resident, commented regarding Kaiser Permanente layoffs and unity between City Council and community members. City Council Minutes Regular Meeting – June 12, 2018 6 Adriana Ariaza, Kaiser Permanente employee, commented regarding Kaiser Permanente layoffs. Mr. Chavez, Kaiser Permanente employee, commented regarding Kaiser Permanente layoffs. Jesse Felix, Kaiser Permanente employee, commented regarding Kaiser Permanente layoffs. Anthony Miles, Kaiser Permanente employee, commented regarding Kaiser Permanente layoffs. Having no one else come forward, Mayor Ashton closed public comment. CONSENT CALENDAR Council Member Saab pulled Item Nos. 6 and 12. Mayor Ashton asked if there was anyone present who would like to comment on Consent Calendar items. Armando Herman, resident, commented regarding Item Nos. 10 and 11. Having no one come forward, Mayor Ashton closed public comment. It was moved by Council Member Saab, seconded by Council Member Vasquez and carried unanimously to approve the Consent Calendar with Council Member Saab pulling Item Nos. 6 and 12. 4. WARRANTS ISSUED: Warrant Nos. 324030 – 324609; Payroll Wire Nos. 30003753 and 30003758 – 30003761; and, Manual Wire numbers are 1698 – 1706; in the total amount of $15,390,398.17: Finance. 5. ACCEPTED THE TRAFFIC SIGNAL UPGRADES AT VARIOUS LOCATIONS, AS COMPLETED; APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $1,867,557.07; AUTHORIZED TRANSFER OF $162,748 FROM MEASURE R LOCAL RETURN FUNDS BUDGETED IN THE FY 2017/18 CAPITAL IMPROVEMENT PROGRAM IN ACCOUNT NO. 56-1- 7828 TO ACCOUNT NOS. 56-1-6704, 56-1-6705, 56-1-6706, 56-1-6707, 56-1-6708, 56-1-6709, AND 56-1-7718 TO COVER THE TOTAL PROJECT COST SHORTFALL; AND, AUTHORIZED THE INTERIM DIRECTOR OF PUBLIC WORKS TO FILE THE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NOS. 14-21 THROUGH 14-26 AND 15-15): Public Works. 7. APPROVED PROFESSIONAL SERVICES AGREEMENT WITH J G BAUTISTA CONSULTING FOR ON-CALL PROFESSIONAL ENGINEERING CONSULTING SERVICES; AUTHORIZEDTHE MAYOR TO EXECUTE THE AGREEMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY: Public Works. 8. AUTHORIZED THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF LOS ANGELES, COMMUNITY DEVELOPMENT COMMISSION, FOR THE POTENTIAL DEVELOPMENT OF 11269 GARFIELD AVENUE DOWNEY, CA (AMERICAN LEGION HOLLYDALE POST #723): Community Development. 9. APPROVAL OF PARCEL MAP NO. 73791 (11434 – 11444 DOWNEY AVENUE): Public Works. ADOPTED RESOLUTION NO. 18-7811, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PARCEL MAP NO. 73791: Public Works. City Council Minutes Regular Meeting – June 12, 2018 7 10. RATIFIED THE DONATION OF ONE FOURSOME OF GOLF AT THE RIO HONDO GOLF COURSE IN SUPPORT OF THE SOROPTOMIST INTERNATIONAL OF DOWNEY FUNDRAISER: Mayor Pro Tem Rodriguez. 11. APPROVED THE DONATION OF ONE FOURSOME OF GOLF AT THE RIO HONDO GOLF CLUB IN SUPPORT OF THE DOWNEY CHAMBER OF COMMERCE ANNUAL FUN ON THE FAIRWAYS GOLF TOURNAMENT TO HELD ON JUNE 20, 2018, AT THE RIO HONDO GOLF CLUB: Council Member Pacheco. OTHER BUSINESS: 6. APPROPRIATED $650,000 FROM MEASURE S FUNDS TO PURCHASE AND UPGRADE DISPATCH RADIO CONSOLES FOR THE POLICE DEPARTMENT VIA A SOLE SOURCE BID PROCESS: Police. Council Member Saab inquired if there was any additional documentation or a proposal that could be presented due to the sole source bid. Chief Charles explained there are only three main players with this type of technology and Motorola is one of them. The Police Department plans transition to ICI Regional Network in August and Motorola provides that infrastructure to ICI while the other two providers are inoperable with Motorola. Council Member Saab asked if the purchase of the radios consoles will be directly with Motorola. Chief Charles stated yes and explained there is only one representative for this area and only one price can be obtained from Motorola. Any of the other two vendors would be required to purchase licensing from Motorola which would result in the same cost. Council Member Saab stated he would like to see more documentation such as an invoice which would include the cost per radio. Council Member Vasquez concurred with Council Member Saab and would like to see more documentation submitted with this agenda report. City Manager Livas stated the item could be brought to the next Council meeting and would include more information and documentation. It was moved by Mayor Ashton, seconded by Council Member Vasquez and carried unanimously to continue the item to the next regular scheduled City Council Meeting. 12. AUTHORIZED THE CITY OF DOWNEY TO HOLD A SEPTEMBER 11TH REMEMBRANCE EVENT AT THE VETERAN’S MEMORIAL AT CITY HALL: Mayor Pro Tem Rodriguez. Council Member Saab inquired how this event is being envisioned and what the cost would be. Director of Parks and Recreation Passow stated this would be a small ceremony with set up consisting of a few chairs, two guest speakers and background music similar to the Veterans’ event. The cost would be $600 and includes part-time staff hours. Council Member Vasquez asked why this item came to Council for approval due to the small expenditure amount. City Manager Livas explained the item was brought for Council approval because it consists of establishing a program on an annual basis. Mayor Vasquez stated the event would need to be marketed properly to attract an audience. Mayor Pro Tem Rodriguez said the event would be held annually depending on its success. City Council Minutes Regular Meeting – June 12, 2018 8 It was moved by Council Member Saab, seconded by Council Member Pacheco and carried unanimously to authorize the City to hold a September 11th Remembrance event at the Veteran’s Memorial at City Hall. STAFF MEMBER COMMENTS: None. ADJOURNMENT Mayor Ashton adjourned the regular City Council meeting at 9:17 p.m. in memory of Staff Sgt. Conrad A. Robinson, 36, of Los Angeles, California while supporting Operation Joint Guardian; Baltimore County Police Department Officer Amy Caprio, 29, who was killed in the line of duty; Dickson County Sheriff's Department Sgt. Daniel Baker, 32, who was killed in the line of duty; Chicago Fire Department firefighter, Juan Bucio, 46, who died in the line of duty; Joseph Quintero, who succumbed to his injuries during an incident in the City of Downey; Milton Blumenthal,102, father of David Blumenthal, Downey City employee; and, Jaelyn Glaz, 8, who was called to heaven this morning MARIA ALICIA DUARTE, CMC SEAN ASHTON City Clerk Mayor