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HomeMy WebLinkAbout01c. Minutes - 05-22-18 - Regular MeetingCity Council Minutes Regular Meeting – May 22, 2018 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING MAY 22, 2018 The City Council of the City of Downey held a Regular City Council Meeting on May 22, 2018, at 6:35 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 John Oskoui, Assistant City Manager Shannon DeLong, Assistant to the City Manager 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 Nelson Feliciano, New Season L.A/Downey. The Pledge of Allegiance was led by Diana Baliscao, President of the Downey High Kiwins. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE/MEETING REPORTS Council Member Saab welcomed the audience to the meeting. He mentioned this is an exciting time of year to recognize the hard work of teachers, principals and school administrators. He acknowledged Martha Sodetani, Principal Cid, Ms. Box, and Dr. Estevez in the audience. He welcomed the new Downey Police Officers and wished them a successful and safe career. He acknowledged Michael Calvert, Joanna Peterson, Captain McDaniel, and CERT Members in the audience. He mentioned Cert Members are trained to assist the community in case of a natural disaster. He thanked them for their time and service. He reported attending the California Contract Cities Association Seminar and commented regarding the session related to Public Safety where they discussed the issue of mental health, homelessness and substance abuse. He assured the audience that Downey has already begun to address these types of issues in the community. He asked staff to research the Planning Commission’s authority as it relates to food and alcoholic sales in the downtown businsess area. He reminded the audience that City Hall will be closed Monday in observance of Memorial Day and invited them to participate in the Memorial Day festivities at the Downey Cemetery. He announced upcoming events: Century 21 My Real Estate City Appreciation Day and the Downey Greek Festival. Council Member Pacheco welcomed the audience to the meeting. She acknowledged the Downey Police Officers in the audience. She reported attending Pizza with a Cop, Congresswoman Lucille Roybal-Allard’s Student Art Competition and announced a student from Downey High School received 2nd place in the competition. She attended the Downey Adult School Dental Lab ribbon cutting event, Soroptimist Scholarship Award Celebration Breakfast, grand opening of the Farmer’s City Council Minutes Regular Meeting – May 22, 2018 2 Market at Rancho Los Amigos, and the Coordinating Council Recognition Dinner. She announced upcoming events: Mayor’s Prayer Breakfast and opening of the swimming pool for recreational swimming. Council Member Vasquez welcomed the audience to the meeting. He acknowledged Laurie Tyler in the audience. He thanked Chief Charles and said he is proud of what has been done with the Police Department. He welcomed the new Downey Police Officers. He stated he will be giving a commencement speech at ATC Vocational School. He mentioned the Armed Forces is another career option. He reported attending the California Contract Cities Association Seminar and reported on the session related to public safety where they discussed substance abuse. He commented on the importance of helping family members and friends suffering with this type of issues to receive the help they need. Mayor Pro Tem Rodriguez acknowledged his granddaughter and future U.S. Army Soldiers in the audience. He reported attending the Public Works Appreciation Breakfast and thanked the Public Works Department and Interim Public Works Director Ed Norris for their work. He reporting attending the grand opening of the Farmer’s Market at Rancho Los Amigos and the California Contract Cities Seminar and reported on the session related to public safety where they discussed 30% of men booked into the men’s county jail on a yearly basis suffer from mental health issues. He mentioned the Downey Police Department is fortunate to have a mental health professional ride along with officers three times a week to assist any individual that is contacted and suffers from mental health issues. He said the City is ready to help anyone that is experiencing homelessness. He thanked Chief Charles and the Police Department for their service. Mayor Ashton welcomed the audience to the meeting. He reported attending the California Contract Cities Association Seminar and reported on the session related to public safety where they discussed the current opioid epidemic and preventive services, as well as an Assembly Bill being considered which would allow first responders to transport patients to a recovery centers instead of the emergency room. He reported attending the Warren High School AVID Student Recognition Program and congratulated the graduating Class of 2018. He mentioned a community meeting hosted by Metro which was held at the Downey Council Chambers to discuss the proposed Eco Rapid West Santa Ana Branch line. He mentioned Metro will hold a meeting to decide on possible routes for the West Santa Ana Branch and encouraged those interested to attend the meeting and provide input. He said Supervisor Hahn will be providing transportation to those wishing to attend and anyone interested should contact him directly for more information. Council Member Pacheco acknowledged her parents in the audience. Council Member Saab asked staff to address the repainting of the light poles throughout the City. He acknowledged Teacher Alex Gaytan in the audience. PRESENTATIONS 1. Mayor Ashton presented the Mayor’s Downey DNA Award to Debbie Jimenez. 2. Mayor Ashton presented the Mayor’s Hero of the Meeting Award to Christopher Garrido. 3. Mayor Ashton with assistance from Rakdy Khlok, Emergency Manager, presented Certificates of Recognition to CERT Training Graduates. 4. Mayor Ashton with assistance from Chief Charles introduced new Downey Police Officers to the community. 5. Mayor Ashton with assistance from Mayor Pro Tem Rodriguez recognized future United States Army Soldiers from the City of Downey. City Council Minutes Regular Meeting – May 22, 2018 3 6. Mayor Ashton presented a Proclamation in honor of Teacher Appreciation Week to Dr. John Garcia and Downey Unified School District teachers and administrators. RECESS/RECONVENE Mayor Ashton recessed the City Council meeting at 7:47 p.m. Mayor Ashton reconvened the City Council meeting at 7:56 p.m. PUBLIC HEARING: 1. FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP GRANTS FY 2018-19 ANNUAL ACTION PLAN: Community Development. 1) MODIFY AND TRANSMIT THE DOCUMENT AND THE REQUIRED CERTIFICATION TO MATCH THE APPROPRIATION FROM THE U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND, 2) MODIFY AND EXECUTE EACH AGREEMENT AND/OR CONTRACT RELATED TO THE IMPLEMENTATION AND ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP GRANT PROGRAM, INCLUDING THE SUBRECIPIENT GRANT AGREEMENTS BASED ON THE U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S APPROPRIATION TO THE CITY. Mayor Ashton opened the Public Hearing at 7:57 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 Aldo Schindler, Director of Community Development. The U.S. Department of Housing and Urban Development (HUD) provides the City with its annual Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) funds. These federal grants are available for: affordable housing activities, neighborhood improvement programs, economic development strategies, improvement of public facilities, and support for needed public services for low- and moderate-income households, within eligible census tracts. The City is required to prepare an Action Plan every year. The Action Plan serves as the City’s application for the CDBG and HOME grants. The Action Plan must be submitted to HUD and is a prerequisite for receiving the federal CDBG and HOME grants. In the course of developing this proposed Action Plan, staff scheduled two public hearings and three community meetings. The first hearing was held on February 13, 2018, and the community meetings were held on April 19, 26, and May 5, 2018. These meetings were marketed on the City’s website and social media accounts, as well as in the Downey Patriot, and via flyers distributed through the City’s community centers. This year during the community meetings, there were zero attendees and no public comments received. The City will receive a total of $1,532,615 in HUD grant funding during fiscal year 2018-19, $1,070,413 in CDBG and $462,202 in HOME funds. The CDBG grant allocation increased by just above eight percent or $89,824 and the HOME grant allocation increase by almost 28 percent or $128,277. Additionally, staff anticipates program income from the repayment of home improvement loans and funds carrying over from the prior year resulting on a CDBG program year budget of $1,494,071 and HOME program year budget of $1,009,853. Director Schindler provided a list of proposed 2018-2019 Action Plan programs. Council Member Vasquez inquired if Gangs Out of Downey was included as service providers. Director Schindler responded they were not. City Council Minutes Regular Meeting – May 22, 2018 4 Council Member Saab explained funds are given to staff organizations that provide services. Director Schindler explained funds are provided to organizations that have the capacity of an administrative staff, receive federal funds and provide quarterly reports. Council Member Saab asked Director Schindler if they are seeking approval of funding. Director Schindler answered staff is requesting approval of funding allocation as listed on the staff report. Mayor Ashton opened this item for public comment at 8:04 p.m. Having no one come forward, Mayor Ashton closed public comment at 8:04 p.m. Council Member Saab expressed his concern in regards to the funds being appropriated to assist the program proposed by Courage Forward. Mayor Pro Tem Rodriguez suggested supporting programs such as Whole Child, TLC and 10- 20 Club for these type of funding. Council Member Saab mentioned being pleased with the increase of funds and agrees accepting the proposed distribution of funds. Council Member Vasquez mentioned in the past there was a 70% reduction of federal grants and fortunately the City receives a direct allocation. Council Member Vasquez offered his assistance to Mayor Pro Tem Rodriguez in finding additional funds or organizations to support Courage Forward. It was moved by Council Member Vasquez, seconded by Council Member Saab and carried unanimously to approve the Federal Community Development Block Grant and Home Investment Partnership Grants FY 2018-19 Annual Action Plan. NON AGENDA PUBLIC COMMENT Mayor Ashton opened non agenda public comment. Elizabeth Ritter, resident, commented in regards to coyote sightings in the area of Old River School Rd. and Florence Ave. City Manager Livas commented regarding the City’s Coyote Action Plan. Mayor Pro Tem Rodriguez informed Ms. Ritter of hazing and taking precautionary actions. Having no one else come forward, Mayor Ashton closed public comment. CONSENT CALENDAR Mayor Ashton asked if there was anyone present who would like to comment on Consent Calendar items. Having no one come forward, Mayor Ashton closed public comment. It was moved by Council Member Vasquez, seconded by Council Member Saab and carried unanimously to approve the Consent Calendar. City Council Minutes Regular Meeting – May 22, 2018 5 2. APPROVED MINUTES: Special Meeting of May 8, 2018; Regular Meeting of April 24, 2018: City Clerk. 3. WARRANTS ISSUED: Warrant Nos. 323597 – 324028; Payroll Wire Nos. 30003748, 30003751 – 30003752 and 30003754 – 30003756; and, Manual Wire numbers are 1692 – 1697; in the total amount of $3,640,349.42: Finance. 4. AUTHORIZED THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH SACRAMENTO METROPOLITAN FIRE DISTRICT FOR ADMINISTRATIVE COST RECOVERY THROUGH THE GEMT PROGRAM: Fire. 5. APPROVED PROFESSIONAL SERVICES AGREEMENT WITH EDENCO, INC. FOR MEASURE S PROGRAM AND PROJECT MANAGEMENT SERVICES: Administration. 6. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH JOHN KALINSKI ARCHITECTS (“JKA”) FOR PREPARATION OF A MANSIONIZATION STUDY COUPLED WITH NEW SINGLE-FAMILY RESIDENTIAL DEVELOPMENT STANDARDS, IN AN AMOUNT NOT TO EXCEED $91,366.00; AND, AUTHORIZED THE MAYOR TO SIGN THE AGREEMENT: Community Development. 7. APPROVED THE PROFESSIONAL SERVICES AGREEMENTS WITH EC&AM ASSOCIATES, DBA GK & ASSOCIATES, FARHADI & ASSOCIATES, FCG CONSULTANTS, HR GREEN PACIFIC, KOA CORPORATION AND WILLDAN ENGINEERING FOR ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR A PERIOD OF UP TO THREE YEARS WITH AN OPTION TO EXTEND THE TERM FOR THREE ADDITIONAL ONE- YEAR PERIODS; AUTHORIZED THE MAYOR TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENTS; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS: Public Works. 8. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH NAC ARCHITECTURE FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES OF THE CITY OF DOWNEY LIBRARY: Administration. 9. ADOPTED RESOLUTION NO. 18-7804, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAKING AN ELECTION TO RECEIVE PAYMENTS PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33607.5 (B) FOR THE DOWNEY REDEVELOPMENT PLAN (ALSO KNOWN AS DOWNEY PROJECT NO. 1 AND DOWNEY PROJECT NO. 1/81 ANNEX): Community Development. 10. LIGHTING AND LANDSCAPING DISTRICT, ASSESSMENT DISTRICT 121, FISCAL YEAR 2018- 2019: Public Works. ADOPTED RESOLUTION NO. 18-7805, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE ENGINEER’S REPORT FOR ASSESSMENTS WITHIN THE LIGHTING AND LANDSCAPE DISTRICT, ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2018-2019; and, ADOPTED RESOLUTION NO. 18-7806, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO LEVY AND COLLECT LIGHTING AND LANDSCAPING ASSESSMENTS WITHIN THE LIGHTING AND LANDSCAPING DISTRICT, ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2018-2019; AND SET A PUBLIC HEARING FOR JUNE 12, 2018, ON THE PROPOSED ASSESSMENTS. City Council Minutes Regular Meeting – May 22, 2018 6 11. ADOPTED ORDINANCE NO. 18-1394, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING VARIOUS SECTIONS OF ARTICLE IX OF THE MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS: Community Development. 12. ADOPTED THE CITY-WIDE TITLE VI LANGUAGE ACCESS PLAN IN COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964: Administration. 13. APPROVED THE FORMATION OF A DOWNEY CLERGY COUNCIL: Mayor Pro Tem Rodriguez. ADMINISTRATIVE REPORT: 14. RESOLUTION OF INTENTION TO ESTABLISH THE DOWNTOWN COMMUNITY BENEFIT DISTRICT: Community Development. 1) RECEIVED AND FILED THE DOWNEY COMMUNITY BENEFIT DISTRICT PETITION RESULTS; AND, 2) ADOPTED: ADOPTED RESOLUTION NO. 18-7807, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY STATING ITS INTENTION TO ESTABLISH THE DOWNEY COMMUNITY BENEFIT DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS WITHIN SUCH DISTRICT, PURSUANT TO LOCAL ENABLING ORDINANCE, UNDER SECTION 400 OF THE DOWNEY CITY CHARTER AND ARTICLE 2, CHAPTER 14 OF THE DOWNEY MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF COMMUNITY BENEFIT DISTRICTS, AND APPOINTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. City Manager Livas announced Aldo Schindler, Director of Community Development, would provide the staff report. Council Member Vasquez announced he will be abstaining from Item No. 14 due to the proximity to his business property and left the dais. Director Schindler stated staff has worked on the development of a Community Benefit District, a property-based special benefit assessment district in which the property owners would retain and spend the tax assessment within the district. As provided by Proposition 218, this proposition only directs staff to distribute ballots for a formal vote of action on July 24, 2018. Director Schindler explained it’s approximately 12 square blocks and the district would be divided into two subzones. A subzone was created as a result of the First Baptist Church not falling within the category such as a restaurant or retail establishment. Consequently, their assessment was reduced from $13,000 to $5,152.91. The First Baptist Church pertains to zone two of the district, due to the location being in the center of the district. Director Schindler explained the state law allows exclusions on property located on the boarders but not within the middle of a district. He assured the Community Benefit District is not city-wide assessment and will not impact any properties outside of the boundaries. The voting of the Community Benefit District is restricted to the properties within the boundaries. A Steering Committee was formed by property owners interested in providing feedback regarding the establishment of the Community Benefit District. They have met on numerous occasions and staff has distributed surveys, emails and letters throughout the past three years. Staff has also met on numerous occasions with the Council Downtown Subcommittee to provide updates. The City Council adopted an enabling ordinance on October 13, 2015 to approve a Resolution of Intention to collect petitions from the property owners within the district. Petitions were distributed to property owners stating the specific amount of assessment they would be responsible for. Tonight Council will consider the Resolution of Intention to move forward with a vote and return on July 24, 2018 to count the ballots. The target is to receive above 30% of the petitions without excluding the 18.9% of which is City owned property. City Council Minutes Regular Meeting – May 22, 2018 7 If approved the total yearly budget would be $253,589 to be distributed in the following areas: sidewalk operations, special events, private security, beautification, public art, public space development and cleaning. In terms of district identity: marketing, website development, maintenance, app development, promotional activities, decorations, street banners, administration costs and contingency. Director explained if the Resolution of Intention is approved tonight, within the next 45 days the formation ballots would be mailed to property owners and organize a presentation and discuss the ballot tabulation results on July 24, 2018. Mayor Ashton inquired who would oversee the Community Benefit District. Council Member Saab explained a corporation would be formed amongst the business owners and they would make that determination. Mayor Ashton stated he would like for the property owners to manage the funds collected in the assessment. Director Schindler stated the property owners will come together and make those decisions. Council Member Saab reiterated the City would not be in control. Council Member Pacheco asked what would be the consequences if a business within the Benefit District does not pay their assessment. Director Schindler stated the assessment will be billed by the Assessor’s Office on the property tax bill and they would incur penalties if not paid. Council Member Saab clarified tonight’s decision is not approving the tax assessment but allowing the business owners to decide amongst themselves if they want the District formed. Council Member Pacheco asked what percentage of votes is required to pass. Director Schindler responded 30% plus. Council Member Saab inquired about the process to dissolve the Community Benefit District. Director Schindler stated it would the same process as the formation process to dissolve the District. It would require the 30% plus vote. Mayor Ashton asked if there was anyone present who would like to comment on this item. Having no one else come forward, Mayor Ashton closed public comment. It was moved by Council Member Saab, seconded by Council Member Pacheco and unanimously with Council Member Vasquez abstaining, to receive and file the Downey Community Benefit District petition results and adopt Resolution No. 18-7807, a Resolution of the City Council of the City of Downey stating its intention to establish the Downey Community Benefit District and to levy and collect assessments within such district, pursuant to local enabling ordinance, under Section 400 of the Downey City Charter and Article 2, Chapter 14 of the Downey Municipal Code, relating to the establishment of Community Benefit Districts, and appointing a time and place for hearing objections thereto. STAFF MEMBER COMMENTS City Manager Livas thanked the Downtown Subcommittee and Community Development staff for their work in the formation of the Downtown Community Benefit District. He thanked Assistant to the City Manager Shannon Delong for her years of dedicated service to the City of Downey. He congratulated her on her new position as Assistant City Manager in the City of Whittier and wished her well in her future endeavors. City Council Minutes Regular Meeting – May 22, 2018 8 ADJOURNMENT Mayor Ashton adjourned the regular City Council meeting at 8:31 p.m. in memory of Spc. Gabriel D. Conde, 22, of Loveland, CO who was supporting Operation Freedom's Sentinel; and, victims of the shooting at Santa Fe High School in Santa Fe, Texas. MARIA ALICIA DUARTE, CMC SEAN ASHTON City Clerk Mayor