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HomeMy WebLinkAbout01b. Minutes - 05-23-17 - Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING MAY 23, 2017 The City Council of the City of Downey held a Regular City Council Meeting on May 23, 2017, at 6:34 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Vasquez presiding. PRESENT: 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 Yvette M. Abich Garcia, City Attorney Adria M. Jimenez, MMC, City Clerk John Oskoui, Assistant City Manager Shannon DeLong, Assistant to the City Manager Carl Charles, Chief of Police Mohammad Mostahkami, Public Works Director Pamela Passow, Parks & Recreation Director Aldo Schindler, Community Development Director Anil Gandhy, Finance Director Alicia Duarte, CMC, Deputy City Clerk The Invocation was delivered by Pastor Tim Hearron, Calvary Chapel Downey. The Pledge of Allegiance was led by Anna Arambula-Pena and Ailani Bonilla, Mary R. Stauffer Middle School Students. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE/MEETING REPORTS Council Member Saab welcomed the audience to the meeting. He commented regarding recognitions to Dr. Mary Stauffer, Teen Court, Aspire Staff Members, Downey Youth Commissioners and Public Service Employees. He thanked all those that serve the community. He reported attending the ground breaking for the Florence Homes and announced upcoming events: Gangs Out of Downey Scholarship Gala and ALDI ribbon cutting. He asked staff to review the parking at Rio San Gabriel Park and requested an update of the Rancho South Campus Park. He asked staff to review the speed limits by OLPH and St. Mark's Schools. He reported attending the California Contract Cities Association Seminar and participating in the session regarding financial forecasting and modeling/pension reform. He thanked City Clerk Jimenez for her service and congratulated her on her future endeavors. He acknowledged members of the audience Dr. Garcia, Mark Morrison, Martha Sodetani and Laurie Tyler. Council Member Pacheco welcomed the audience to the meeting. She reported participating in a ride along with Fire Station No. 2 personnel and attending the California Contract Cities Association Seminar. She announced upcoming events: Gangs Out of Downey Scholarship Gala, ALDI ribbon cutting, Greek Festival, and the Annual George Whitmore All-Star Baseball Game. Lastly, Council Member Pacheco requested City Staff inspect the intersection at Ardis Ave. and Foster Rd. due to public commentary about traffic incidents at that location. City Council Minutes Regular Meeting — May 23, 2017 Council Member Rodriguez welcomed the audience to the meeting. He reported attending the California Contract Cities Association Seminar and reported on the session related to cannabis laws. He attended a roundtable discussion with Board Members of the Downey Unified School District and U.S. Army officials in preparation for Career Day 2018. He announced upcoming events: U.S. Army Community Involvement Luncheon at the Columbia Memorial Space Center. He mentioned he awarded a Certificate of Appreciation to Marian Curtis for 50 years of community volunteering. Lastly, he mentioned he attended the Girl's Ponytail Softball Closing Ceremony and the Habitat for Humanity Ceremony. Mayor Pro Tem Ashton reported attending the California Contract Cities Seminar and the Eco - Rapid Meeting where they viewed a presentation about the new rail configurations that will be implemented at Union Station. He participated in the Keep Downey Beautiful Clean -Up and Habitat for Humanity Build event. Lastly, he thanked City staff for participating in the Habitat for Humanity Build and announced his upcoming Town Hall Meeting. Mayor Vasquez acknowledged former Mayor Perkins, Michael Calvert, and Downey Youth Commissioners in the audience. He announced attending the California Contract Cities Association Seminar and reported on the session related to water and drought issues. He asked staff to address the issue of abandoned shopping carts and bulky items in residential areas. Lastly, he reported participating in the show "Posible" which is the Spanish version of the show Shark Tank. ;j N*94ZIII li_tll01Z&? 1. Mayor Vasquez presented the Mayor's Healthy Heart Award to Dr. Mary Stauffer. 2. Mayor Vasquez with assistance from Council Members Saab and Pacheco presented Certificates of Recognition to Teen Court Participants. 3. Mohammad Mostahkami, Public Works Director, presented Certificates of Recognition to staff for Public Service Recognition Week, and Certificates of Recognition for National Public Works Week. 4. City Manager Livas presented Certificates of Recognition to City of Downey Employees. 5. Pamela Passow, Parks and Recreation Director and Council Member Rodriguez presented Certificates of Recognition to Aspire Staff Members. 6. Mayor Vasquez and the City Council presented a Certificate of Recognition to City Clerk Jimenez for her years of service. 4. Downey Youth Commissioners presented their Year in Review to the City Council. PUBLIC HEARING: 1. ADOPTED INTERIM URGENCY ORDINANCE NO. 17-1378, AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY EXTENDING A TEMPORARY MORATORIUM ON ESTABLISHING ACCESSORY AND JUNIOR ACCESSORY DWELLING UNITS FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS: Community Development. Mayor Vasquez opened the Public Hearing at 8:15 p.m. Deputy 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. Deputy City Clerk Duarte noted there was no correspondence received. City Council Minutes Regular Meeting — May 23, 2017 2 The staff report was provided by David Blumenthal, Principal Planner. Mr. Blumenthal is requesting an extension of temporary moratorium on establishing accessory and junior accessory dwelling units for an additional 10 months and 15 days in order to allow time to study how to bring existing city zoning regulations into compliance with new state laws. In addition, the extension will allow him to work with Planning Commission to create a new ordinance relating to accessory dwelling units. Upon further study, he will return with a proposal for a public hearing. Council Member Saab asked Mr. Blumenthal whether junior accessory dwellings now are required to have kitchens due to the new state laws. Mr. Blumenthal responded that they do. Mayor Vasquez opened this item for public comment. Armando Herman, resident, commented that he was not in agreement with the new state laws regarding accessory dwelling units. It was moved by Council Member Saab, seconded by Mayor Pro Tem Ashton and carried unanimously to adopt Interim Urgency Ordinance No. 17-1378, an interim urgency ordinance of the City Council of the City of Downey extending a temporary moratorium on establishing accessory and junior accessory dwelling units for an additional 10 months and 15 days. 2. FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP GRANTS FY 2017-18 ANNUAL ACTION PLAN: Community Development. Mayor Vasquez opened the Public Hearing at 8:28 P.M. Deputy 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. Deputy City Clerk Duarte noted there was no correspondence received. The staff report was provided by Aldo Schindler, Director of Community Development. Director Schindler presented to the Council the Annual Community Development Grant (CDBG) allocation approval. He recommends that the City approve the allocation so the funds are incorporated into the City-wide budget. He requested the City continue funding the same service providers because all of them are achieving their objectives and goals. Mayor Vasquez opened this item for public comment. Armando Herman, resident, suggested that the Community Development Block Grant money be invested in other forms. Jason Barnette, Director of Kingdom Cause Bellflower Program, commented in favor of Item No. ptl Mark Morris, Downey Unified School District, thanked the Council and staff for their recommendations on funding programs. Having no one else come forward, Mayor Vasquez closed the Public Hearing. Council Member Saab asked why there was a significant increase for housing rehabilitation. Director Schindler responded CDBG funds and Home Program funds are shared to ensure housing. Staff proposed reducing expenditures in CDBG funds to save money for the Social Security program and it has been allocated to the Rehabilitation Program, which focuses on housing assistance. Mayor Pro Tem Ashton asked if the 3% cut from the budget is confirmed. Director Schindler responded yes. City Council Minutes Regular Meeting — May 23, 2017 3 It was moved by Council Member Saab, unanimously to approve the Federal Community Partnership Grants FY 2017-18 Annual Action Plan. ►•► _ 1 G = •uu► 1 seconded by Mayor Pro Tem Ashton and carried Development Block Grant and Home Investment Alex Soto, resident, commented regarding extending the Library closing time. Armando Herman, resident, inquired about the City's financial reserve. Ralph Tulak, resident, commented on a parking ticket he received for parking on his lawn. He suggested reusing gravel that becomes loose during floods to save taxpayer money. Brian Heyman, resident, requested Council Members remove Item No.12 from the Consent Calendar to discuss the item thoroughly. He commented against funding the Stay Gallery. He suggested reestablishing the gallery at Furman Park. Mark Morris, resident, mentioned an article in L.A. Times referring to the enactment by L. A. County Board of Supervisors for the L.A. Community Electric Authority. City Manager Livas commented City staff is currently looking into studying other opportunities of energy sources and whether they beneficial for the City. Upon further research, City Manager Livas informed that the findings will be presented to the Council for their consideration. George Baracas, resident, announced the upcoming Greek Festival. He thanked the Planning Commission for their assistance. Having no one else come forward, Mayor Vasquez closed public comment. CONSENT CALENDAR It was moved by Mayor Pro Tem Ashton, seconded by Council Member Saab and carried unanimously to approve the remainder of the Consent Calendar, with Mayor Vasquez abstaining from Item Nos. 11 and 12 and pulling Item Nos. 7 and 9; Council Member Rodriguez abstaining from Item No. 8; Council Member Pacheco abstaining from Item No. 12; and, Council Member Saab pulling Item No. 12. Mayor Vasquez asked if there was anyone present who would like to comment on Consent Calendar items. Armando Herman, resident, commented against Item No. 11. He also suggested that the Council limit the financial subsidy for the Stay Gallery. Sheryl Vanranslor, resident, commented against Item No. 12. Brian Heyman, resident, requested clarification on Consent Calendar abstentions. He requested Item No. 12 be removed for the Consent Calendar for discussion. City Attorney Abich Garcia responded the Council Members who abstain from particular Consent Calendar Items may still participate and vote on items for which they have no conflict. Jaylene Lemus, resident, commented in favor of Item No. 12. Crystal Cantoran, resident, commented in favor of Item No. 12. City Council Minutes Regular Meeting — May 23, 2017 4 Jonathan Hernandez, resident, commented in favor of Item No. 12. Mark Keller, resident, commented against Item No. 12. Emily Lopez, resident, commented in favor of Item No. 12 Having no one else come forward, Mayor Vasquez closed public comment. 3. APPROVED MINUTES: Special Meeting of May 9, 2017: City Clerk. 4. WARRANTS ISSUED: Warrant Nos. 313605 — 314001; Payroll Wire Nos. 30003604 & 30003609 — 30003613; Manual Wire Nos. 1552 — 1556; Cashier's Check Nos. 97-100 in the total amount of $3,115,630.94: Finance. 5. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH PLANMARKS FOR TEMPORARY PROFESSIONAL PLANNING STAFFING SERVICES; AND, AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT: Community Development. 6. APPROVED AGREEMENT WITH LOS ANGELES CONSERVATION CORPS FOR LITTER ABATEMENT SERVICES; AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT; AND AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AMENDMENTS: Public Works. 8. ADOPTED RESOLUTION NO. 17-7719, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING TRACT MAP NO. 73941, AND AGREEMENT WITH THE DEVELOPER FOR CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENT: Public Works. 10. ADOPT ORDINANCE NO. 17-1379, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REZONING PROPERTY LOCATED AT 10361 FOSTER ROAD FROM SINGLE-FAMILY RESIDENTIAL TO MULTIPLE—FAMILY RESIDENTIAL: Community Development. 11. AUTHORIZE THE CITY MANAGER TO PROCEED WITH RECOMMENDATIONS FROM DIXON RESOURCES UNLIMITED REGARDING THE DOWNTOWN PARKING STUDY: Community Development. OTHER BUSINESS: 7. ADOPTED RESOLUTION NO. 17-7718, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING A VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE, SEPTEMBER 13-15, SACRAMENTO: City Clerk Deputy City Clerk Duarte stated that the current Primary Voting Representative is Council Member Rodriguez and the Alternate Voting Representative is Mayor Pro Tem Ashton. Mayor Pro Tem Ashton volunteered to be Primary Voting Representative. Council Member Pacheco volunteered to be the First Alternate Voting Representative. City Attorney Abich Garcia advised that a Second Alternate Voting Representative be designated as called for by in the Resolution. Council Member Saab volunteered to be the Second Alternate Voting Representative. Mayor Vasquez opened this item for public comment. City Council Minutes Regular Meeting — May 23, 2017 5 Armando Herman, resident, asked what issues voting representatives vote for in the League of California Cities Annual Conference. It was moved by Council Member Saab, seconded by Mayor Pro Tem Ashton and carried unanimously to designate Mayor Pro Tem Ashton as Primary Voting Delegate, Council Member Pacheco as First Alternate Voting Delegate and Council Member Saab as Second Alternate Voting Delegate. 9. INTRODUCED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING DOWNEY MUNICIPAL CODE ARTICLE X, CHAPTER 1, SECTION 10128 TO PROHIBIT SMOKING OF ELECTRONIC CIGARETTES IN CITY PARKS: Parks & Recreation. Mayor Vasquez asked Council Member Rodriguez if he was open to an amendment of the ordinance in order to include banning smoking in all City parks. Council Member Rodriguez responded yes. City Attorney Abich Garcia, recommended Council continue Item No. 9 to the next Council meeting in order to amend the Ordinance. Mayor Vasquez opened for public comment. Armando Herman, resident, inquired about the enforcement measures the City would take for someone who would violate the smoking ordinance. It was moved by Council Member Saab, seconded by Mayor Vasquez and carried unanimously to continue Item No. 9 to amend the Ordinance to include the removal of designated smoking areas in the parks. 12. APPROVED AN OPERATING AGREEMENT WITH DOWNEY ART VIBE TO OPERATE STAY GALLERY IN AN AMOUNT NOT TO EXCEED $150,000 FOR A TERM OF JUNE 1, 2017 TO MAY 31, 2020; AND, AUTHORIZE THE MAYOR PRO TEM TO EXECUTE THE OPERATING AGREEMENT: Community Development. Mayor Vasquez and Council Member Pacheco abstained from this item and recused themselves from the Council Chambers. Mayor Vasquez abstained from this item because he owns a business in close proximity to the Stay Gallery. Council Member Pacheco abstained from this item due to previously serving on the Stay Gallery Board. City Attorney Abich Garcia addressed a prior comment made by a resident where the resident stated that the appropriation of rent subsidies given by the City amounts to an illegal gift of public funds. City Attorney Abich Garcia clarified that under the rule of law, while gifts of public funds by a local agency are illegal, if the City Council puts on the record or adopts findings of a public purpose then the allocation is legal. Under the Operating Agreement, within the recitals there is a recitation of the City Council where they state that the allocation will serve a public purpose. In addition, she stated that courts give great deference to Council findings of public purpose. Mayor Pro Tem Ashton opened the item for public comment. Brian Heyman, resident, thanked Council Member Saab for pulling Item No. 12, he commented against Item No. 12. Armando Herman, resident, commented against Item No. 12. Lucy Lluncor, Downey resident and Stay Gallery Board Member, commented in favor of Item No. 12 City Council Minutes Regular Meeting — May 23, 2017 6 Valentin Flores, Founder and Board Member of Art Vibe commented in favor of Item No. 12. Mark Morris, resident, commented against Item No. 12. Guillermo De Lira, resident, commented in favor of Item No. 12. Karina Benitez, resident, commented in favor of Item No. 12. Sheryl Vanranslor, resident, commented against Item No. 12. Daniela Rodriguez, resident, commented in favor of Item No. 12. America Lopez, resident, commented in favor of Item No. 12. Brianna Wolfie, resident, commented in favor of Item No. 12. Crystal Cantoran, resident, commented in favor of Item No. 12. Having no one else come forward, Mayor Pro Tem Ashton closed public comment. Mayor Pro Tem Ashton stated he is in support of the Stay Gallery and commented on the Gallery's valuable service to the community. Council Member Rodriguez commented he is in support of the Stay Gallery because through negotiating the contract with Stay Gallery he was able to see their tax forms and how difficult it is for them to make a profit. He mentioned volunteers at the Gallery do not receive compensation for their service. He also mentioned under the terms of the contract, Stay Gallery will be forced to become self- sufficient. Council Member Alex Saab stated the Stay Gallery adds artistic and cultural value to the City's Downtown area and said he is in support of Item No. 12. It was moved by Council Member Saab, seconded by Council Member Rodriguez and carried unanimously with Mayor Vasquez and Council Member Pacheco abstaining, to approve an Operating Agreement with Downey Art Vibe to operate Stay Gallery in an amount not to exceed $150,000 for a term of June 1, 2017 to May 31, 2020, and to authorize the Mayor Pro tem to execute the Operating Agreement. 13. ADOPT THE CITY OF DOWNEY FINANCIAL RESERVE POLICY: Administration. There was no report was given for Item No. 13. Mayor Vasquez opened the item for public comment. Armando Herman, resident, commented the City's reserve funds should be used to fix streets and roads. Council Member Saab thanked Assistant City Manager John Oskoui for his work on the financial reserve policy. It was moved by Council Member Saab, seconded by Mayor Pro Tem Ashton and carried unanimously to adopt the City of Downey Financial Reserve Policy. City Council Minutes Regular Meeting — May 23, 2017 7 STAFF MEMBER COMMENTS: None. ADJOURNMENT Mayor Vasquez adjourned the Regular City Council Meeting at 10:50 p.m. in memory of Senior Chief Special Warfare Operator Kyle Milliken, 38, of Falmouth Maine who died in support of a Somali National Army -led operation with U.S. Africa Command; Adolph Kiefer, 98, America's oldest living Olympic Champion; and, Bert H. Ashton, father of Mayor Pro Tem Sean Ashton. MARIA ALICIA DUARTE, CMC SEAN ASHTON City Clerk Mayor City Council Minutes Regular Meeting — May 23, 2017 8