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HomeMy WebLinkAboutMinutes 07-24-18 Regular MeetingMINUTES OF COUNCILCITY OF OF DOWNEY REGULAR MEETING JULY 24, 2018 The City Council of the City of Downey held a Regular City Council Meeting on July 24, 2018, at 6:33 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Ashton presiding. Council Members: Sean Ashton Rick Rodriguez Blanca Pacheco Alex Saab Fernando Vasquez Mayor Mayor Pro Tem Council Member Council Member Council Member ALSO PRESENT: Gilbert Livas, City Manager Yvette M. Abich Garcia, City Attorney John Oskoui, Assistant City Manager Carl Charles, Chief of Police Mark Gillaspie, Fire Chief Delfino Consunji, Public Works Director Pamela Passow, Parks & Recreation Director Anil Gandhy, Finance Director Alicia Duarte, CMC, City Clerk Michael Harary, Human Resource Director The Invocation was delivered by Mark Maciel, Prison Ministries of America. The Pledge of Allegiance was led by Xavier Swenson, Former Army Specialist. COUNCIL• FOR r CONFERENCE/MEETINGREPORTS Council Member Saab acknowledged Michael Calvert and Michael Murray in the audience. He invited everyone to attend the last concert in the park at Furman Park. He announced the upcoming Kaiser Permanente Groundbreaking event to celebrate their expansion on north side of the hospital. Council Member Pacheco welcomed the audience to the meeting. She acknowledged Joanna Peterson and Chad Oberly in the audience. She reported attending the Independence Cities Association Conference and reported on the session regarding drones and the innovative ways Police Departments can utilize drones such as, accident investigations and search and rescue operations. She announced upcoming events: MADE Culmination, Kaiser Permanente's Annual Pediatric Cancer Survivor event, Gangs Out of Downey Backpack Giveaway at Golden Park and National Night Out. Council Member Vasquez acknowledged former Council Member Keith McCarthy in the audience. He provided an update on the 1-5 Joint Powers Authority and stated the Florence Avenue overpass bridge expansion will open two lanes in each direction in August to alleviate traffic congestion. The project is scheduled to be completed by December 2019. He reported attending the Independence Cities Association Conference and acknowledged City Manager Livas for his work in the City despite the dissolution of Redevelopment. He congratulated Council Member Pacheco on being the recipient of an award from the Perez Legal Women Empowerment. Mayor Pro Tem Rodriguez thanked the audience for allowing him to serve on the City Council. He acknowledged Dorothy Pemberton, Courage Forward members and Dr. Anthony Zigarra in the City Council Minutes Regular Meeting — July 24, 2018 audience. He reported attending the Service Provider Area Seven meeting regarding homeless outreach. He reported attending and speaking at the Lions Club Installation event and the Rotary where his topic was creating a corporate college which would involve large employers from within the City to create a trade certificate program pathway to employment for students that would not plan to attend a four year college. He reported attending a special graduation at Columbus High School and the monthly SEACCA Board meeting. He recognized the Police Department for their work and handling the homeless encampments. Mayor Ashton recognized his wife, Tammy Ashton, in the audience. He reported attending the International Cities Association (ICA) Conference and mentioned he was nominated as the Vice President of ICA. He thanked Community Development Director Schindler for his assistance in developing a session regarding the Future of Planning which he moderated. He mentioned a reported on a session regarding government owned networks which is City built, owned, and operated internet provider which would provide a positive cash flow within five years from the start of the project. He requested staff research this issue and return to Council with more information. He announced upcoming events Gangs Out Of Downey Backpack Giveaway, Summer Music and Movie Night at Golden Park and Metro's Scoping meeting for West Santa Ana Branch in Bellflower. He encouraged the audience to attend the Scoping meeting. He announced the upcoming National Night Out event scheduled for August 7 and Smart Gardening Workshop at Wilderness Park. 1. Mayor Ashton presented the Mayor's Downey DNA Award to Ed Hano. 2. Mayor Ashton presented the Mayor's Hero of the Meeting Award to Sanford Jenkins, Jr. 3. Mayor Ashton with the assistance Martha Michael and Dorothy Pemberton presented Certificates of Recognition for National Parents Day. RECESS/RECONVENE Mayor Ashton recessed the City Council meeting at 7:22 p.m. Mayor Ashton reconvened the City Council meeting at 7:34p.m. Mayor Ashton took this item out of order. Council Member Saab is pulled Item Nos. 5 and 12; and, abstaining from Item No. 11. Council Member Pacheco pulled Item No. 14. Mayor Ashton asked if there was anyone present who would like to comment on Consent Calendar items. Armando Herman, resident, commented opposing Item No. 8. Having no one come forward, Mayor Ashton closed public comment. It was moved by Council Member Saab, seconded by Mayor Pro Tem Rodriguez and carried unanimously to approve the remainder of the Consent Calendar with Council Member Saab pulling Item Nos. 5 and 12 and abstaining from Item No. 11; and, Council Member Pacheco pulling Item No. 14. City Council Minutes Regular Meeting — July 24, 2018 2 14. CONSIDER A REQUEST FROM THE DOWNEY SISTER CITIES ASSOCIATION FOR THE USE OF MEETING SPACE AND CITY SUPPORT FOR ASSOCIATION ACTIVITIES AND EVENTS: Administration. Mayor Ashton announced he would abstain from this item and left the dais. Council Member Pacheco requested more information about the specifics of the requests being made by the Sister Cities Association. Tammy Ashton, President of Downey Sister Cities Association stated the Association would like to have two formal events in which they invite Downey's Sister Cities to attend; the first event would include a tour of City Hall prior to the June Concerts in the Park, and, the second event would be in December correlated with the Christmas Parade. She stated the Chamber of Commerce has granted the Association approval to participate in the parade. She asked if the City could provide a liaison to attend Association meetings, fee waiver for the use of the Cormack Room and a bus to transport the Sister Cities' delegates to one Concert in the Park. Council Member Saab inquired as to whom would be transported by the bus and cost. President Ashton replied those being transported by bus would be the Sister Cities' delegates attending the events. City Manager Livas stated the cost would be about $300 for the use of two buses. Council Member Saab inquired regarding the request to have a City liaison attend the Sister Cities Association meetings; he discussed the challenges with committing a staff member to attend meetings and suggested having a point of contact in the City that would attend intermittently. Mayor Pro Tem Rodriguez commented regarding Courage Forward and mentioned how the organization prepares and plans their events and will reach out to the City for sub sequential assistance. He commended the Sister Cities Association for their efforts to bring structure to the organization. Council Member Pacheco inquired if the events and assistance would be needed on a yearly basis. President Ashton replied the events would be yearly and they hoped to plan visits in advance and move away from surprise visits. Council Member asked what the Association meant with providing ticket for City sponsored events. President Ashton said Ireland may be visiting in September and they would like to obtain tickets to any scheduled City events happening during the time the delegates are here. Council Member Pacheco said the International Food and Music Festival will be taking place in September and attendance is free. No transportation would be needed for that event. President Ashton and Sister City Representative Denise Juarez provided a brief history of how the organization started and added that for the past 50 years the City has provided assistance with bus services, tour of the City by the Mayor for the delegates and a liaison. City Manager Livas stated they would identify a point person of contact and the City would provide two buses this year. Council Member Pacheco confirmed the need for bus service to be provided in September for the Ireland Delegation and inquired if there were any other dates aside from the June and December City Council Minutes Regular Meeting — July 24, 2018 4 prescheduled dates. President Ashton responded only in September would they require an additional bus. Mayor Pro Tem Rodriguez opened this item for public comment. Armando Herman, resident, commented in opposition of providing bus services. Having no one else come forward, Mayor Pro Tem Rodriguez closed public comment. It was moved by Council Member Saab, seconded by Council Member Pacheco and carried 4- 0-1, with Mayor Ashton abstaining to approve the request from the Downey Sister Cities Association for the use of meeting space and city support for Association activities and events. Council Member Saab inquired whether or not the item would be brought back before the City Council with detailed expenses should the Council approve the projected expenditure tonight. Assistant City Manager Oskoui reported that tonight they were before them to procure light fixtures throughout the facility. He stated that staff has been working with an interior designer for the furniture in the lobby, hackers, executive rooms, and bridal room; as well as, a lighting consultant to select the appropriate lighting fixtures. He added if it is the desire of the City Council staff can bring the item back to the City Council or the Council Subcommittee. City Manager Livas recommended future detail updates be presented to the Council Subcommittee prior to final purchase. Mayor Ashton opened for public comment. Armando Herman, resident, commented against Item No. 12 and spoke in favor of hiring additional police officers. Mayor Ashton closed public comment. It was moved by Council Member Saab, seconded by Council Member Vasquez and carried 4- 0-1 with Mayor Pro Tem Rodriguez abstaining to approve the procurement of material, equipment, and furniture up to $350,000 with the final purchase to be brought before the Subcommittee for final approval. 5. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH ZAGSTER INC. FOR THE IMPLEMENTATION AND MANAGEMENT OF A NEW BICYCLE SHARE AND SAFETY EDUCATION PROGRAM: Community Development. Council Member Saab inquired about any precautions in place to avoid the bikes being abandoned throughout the City. City Manager Livas responded this particular bike system is different than the ones being used in surrounding Cities. The system being proposed is similar to the Long Beach system where the bike has to be returned to a particular location to avoid additional charges. Council Member Saab asked how the three return docking stations were chosen. Director Schindler stated the locations are general center areas of activity near the Downey Transit Center hub and Downtown Downey where people do a lot more walking and utilize the active public space. At the City Council Minutes Regular Meeting — July 24, 2018 5 same time this would promote the areas and bring more people Downtown while utilizing City owned properties to prevent additional agreements. He added the two confirmed are the Downey Transit Center, Columbia Memorial Space Center and a location in Downtown will be determined. Director Schindler stated if the program is successful additional return docking stations can be added throughout the City. Mayor Ashton opened this item for public comment. Resident, commented against Item No. 5 and stated identified potential problems with rental bikes and electric scooters in other cities. Armando Herman, commented against Item No. 5 due to safety issues and potential liabilities to the City. Resident, commented in favor of Item No. 5 but inquired if additional bike lanes will be added throughout the City to keep the bikers from riding on the sidewalk. Having no one else come forward Mayor Ashton closed public comment. Council Member Saab stated the City has a plan in place to implement additional bike paths and utilize alternative modes of transportation with a minimal fiscal impact. Council Member Vasquez asked about liability and indemnifications to ensure the City is not held liable should a person riding a bike become involved in an accident. He also inquired about the maintenance of the bikes. City Attorney Abich Garcia responded by stating she would be working with Director Schindler to ensure the required indemnifications and insurance provisions are in the draft documentations to provide insulation for the City. Director Schindler confirmed that there are required maintenance provisions in the contract. Council Member Pacheco inquired if the City will implement a safety education program. Director Schindler mentioned there would be concise instructions at the each docking station. Council Member Pacheco provided her enthusiasm with regards to the docking stations rather than having random bikes left throughout the City and how the program should help to alleviate traffic congestion and become quite beneficial to the City. It was moved by Council Member Saab, seconded by Council Member Vasquez and carried unanimously to approve a Professional Services Agreement with Zagster Inc. for the Implementation and Management of a New Bicycle Share and Safety Education Program. PUBLIC HEARINGS: Mayor Ashton took this item out of order. Mayor Ashton opened the Public Hearing at 8:34 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. City Council Minutes Regular Meeting — July 24, 2018 6 Director of Community Development Aldo Schindler presented the staff report. Director Schindler stated that the focus of tonight's meeting is the HOME program and its goals are to provide the creation and rehabilitation of housing for low income residents in our community. A subcomponent of the HOME program is the Community Housing Development Organizations program (CHDO). Housing and Urban Development (HUD) requires that 15 percent of the annual allocations are set aside to fund community development organizations that meet the HUD's requirements. Staff reached out to several non-profit organizations and identified National Core to do the rehabilitation improvement project at the Clark Manor site in Downey near the 105 freeway. Council Member Saab inquired how many CHDO's are in the City. Director Schindler responded that there are two; however, only National Core has a current project in our City so the funds will all be allocated to the National Core project or would have to be returned to Federal Government. Mayor Pro Tem Rodriguez stated he has attended a number of tours at the property and mentioned that they do a wonderful job. Council Member Saab asked if National Core will continue managing the project. Director Schindler clarified that National Core owns the property that it was built in 1966. Mayor Ashton opened this item for public comment. Armando Herman, resident, commented about homelessness issue in the community. Having no one else come forward, Mayor Ashton closed public comment. It was moved by Council Member Vasquez, seconded by Council Member Saab and carried unanimously to approve a HOME Investments Partnerships Act Program participation agreement with National Community Renaissance of California for the commitment of $100,087 in Community Housing Development Organization funds for rehabilitation activities at the low-income, affordable housing complex located at 13032 Columbia Way. 2. RESOLUTION OF FORMATION TO ESTABLISH THE DOWNTOWN DOWNEY COMMUNITY BENEFIT DISTRICT: Community Development. • r r AT THE CONCLUSION OF DIRECTED THE CITY CLERK TO BALLOTS;CANVASS THE RECEIVED AND FILED THE COMMUNITYDISTRICT BALLOT 4118 MAJORITY• DOES NOTADOPTED A RESOLUTIONOF FORMATION REFLECTING THE MODIFIED BOUNDARIES AND FORMING DOWNTOWN DOWNEY COMMUNITYDISTRICT. Council Member Vasquez abstained from Item No. 2 due to close proximity to his property and left the dais. City Council Minutes Regular Meeting — July 24, 2018 7 Mayor Ashton opened the Public Hearing at 8:48 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Vasquez, seconded by Mayor Pro Tem Rodriguez and so ordered by the Mayor to receive and file. City Clerk Duarte noted the Notice of Public Hearing and Assessment Ballots for the Downtown Downey Community Benefit District were mailed to 82 property owners in the proposed district boundaries on June 8, 2018. One envelope returned undeliverable was re -mailed to an updated property owner's address; second envelope returned undeliverable was re -mailed and hand delivered to the original property owner's address; however, both envelopes were returned; approximately 34 ballots have been returned at this time. City Clerk Duarte noted written protest was received from Linda Todd property owner at 8151 3rd Street; and Charlene Roche at 11026 Downey Avenue. Director of Community Development Aldo Schindler presented the staff report and advised that tonight would be the final action to confirm whether or not enough support had been received to establishment of the Community Benefit District. He provided a brief background of the Community Benefit District and discussed the various outreaches, meetings and process leading up to tonight's Public Hearing. He mentioned the request for modification of the map of the Downey Community Benefit District to remove the Village Walk due to development timeframe of the housing project; and, the two commercial properties, Bank of America building and Realty World Calpero building as they are non -beneficial to the Community Benefit District. He added, if the modification were to be approved the original budget of $253,589 would be reduced by $21,204. Mayor Ashton opened this item for public comment. Armando Herman, resident, commented regarding opposition of Item No. 2 and provided comments regarding the elderly. Having no one else come forward, Mayor Ashton closed public comment. Mayor Ashton announced if there was anyone present from the affected area that wished to submit a ballot to do so prior to the recess of the public hearing. He then invited the members of the public wishing to observe the ballot tabulation process to join the Community Development staff in the Community Development Conference Room. Mayor Ashton recessed the Public Hearing item at 9:34 p.m.; and continued with the remainder of the agenda. Mayor Ashton opened non -agenda public comment. Armando Herman, resident, commented regarding a conversation with a Los Angeles Police Officer about homelessness. Having no one else come forward, Mayor Ashton closed public comment. 15. RECEIVED AND FILED A REPORTi OUR COMMUNITY"• •f Administration. Administrative Aide Maria Rivas presented the staff report on the objectives of the outreach for the Taking Back Our Community Coalition. Mrs. Rivas provided a brief background on the outreach methods being conducted; changes in California's criminal law relating to AB109, Prop 47 and Prop 57; and provided a presentation on the negative impacts now presented to our community. City Council Minutes Regular Meeting — July 24, 2018 8 Council Member Vasquez congratulated Ms. Rivas on her presentation and requested that she share it with the City Council. Administrative Aide Rivas stated in 2011 when the legislation was passed, the Downey Police Department took a proactive approach to address the negative impacts of AB 109 by creating a nine person tasks force to monitor the parole's release dates. She added that education is paramount, the City Manager's Office and Police Department have collaborated on the best approach to inform the community on how they can help. She advised that staff has taken the following steps to promote this effort by creating an informational brochure in an effort to promote change in the laws, staff has created template letters for residents to advocate and sample letter templates to write to our state legislators to change this legislation and will be made available to the community via informational booths at local events and social media. Mayor Pro Tem Rodriguez mentioned that the collaboration is made up of surrounding cities and communities. Mayor Ashton asked if there was anyone present who would like to comment on this item. Armando Herman, resident, commented in favor of Item No. 15. Chad Oberly of Congresswoman Garcia's office offered their services in educating the community. Having no one else come forward, Mayor Ashton closed public comment. It was moved by Council Member Saab, seconded by Council Member Vasquez and carried unanimously to receive and file a report on the Outreach for the "Taking Back Our Community" Coalition. 16. DONEY'S HOMELESS ACTION PLAN: Administration. 'r) ADOPTED RESOLUTION NO. OF • OF THE CITY OF DOWNEY EXPRESSING SUPPORTFOR EVERYONE COALITION OF • WHO EMBRACE THE COMMON GOAL OF r HOMELESSNESS. Management Analyst Juddy Montenegro presented the staff report on the City's Specific Action Plan to combat and prevent homeless in the community. She added, for the past several months City staff has worked closely with representatives from People Assisting The Homeless (PATH) to assist with the development of this plan. The plan is to address the needs of people experiencing homelessness, and, also overcoming the barriers that make it difficult for people to exit homelessness. She introduced the resolution being brought before the City Council. Brigid Kelly and Kimberly Farnham from PATH outlined the action plan in creating a plan to prevent and combat homelessness. They provided a broad overview of the plan presented by City staff and discussed the state of homelessness in the City of Downey. They identified key goals and highlighted three areas of best practices within the action plan. Mayor Ashton asked if there was anyone present who would like to comment on this item. Armando Herman, resident, commented in regards to helping the homeless. City Council Minutes Regular Meeting — July 24, 2018 9 Having no one else come forward, Mayor Ashton closed public comment. It was moved by Council Member Vasquez, seconded by Mayor Pro Tem Rodriguez and carried unanimously to adopt the Downey Homeless Action Plan. Mike Denise introduced the countywide Everyone In Campaign, and spoke on the goals and promises to help combat homelessness by providing short and long term solutions. The campaign has been created with a diverse coalition of community based organizations, non -profits, small businesses, labor and community leaders to deliver on the promise that was made when the 1.5 million voters passed Measure H and Prop HHH to ensure each dollar is spent wisely and provide services and creation of public housing. He identified their main objectives of public education, training and communications, and, supportive housing to ensure developers are including the needs into their plans. It was moved by Council Member Vasquez, seconded by Mayor Pro Tem Rodriguez and carried unanimously to adopt Resolution No. 18-7834, a Resolution of the City Council of the City of Downey Expressing Support for Everyone In, A Coalition of People who Embrace the Common Goal of Ending Homelessness. Council Member Saab thanked everyone involved in combating homelessness. City Manager Livas thanked Director of Community Development Schindler, Downtown Subcommittee, City staff and the consultant for their hard work on the formation of the Downtown Downey Community Benefit District. Council Member Saab thanked everyone involved for their assistance on the Downtown Downey Community Benefit District. PUBLIC HEARINGS: (Continued) 2. RESOLUTION OF FORMATION TO ESTABLISH THE DOWNTOWN DOWNEY COMMUNITY BENEFIT DISTRICT: Community Development. • r r r ,; r r i r i ■ IN VS. il • r - r • r• • r Mayor Ashton reconvened Public Hearing Item No. 2 at 9:48 p.m. City Clerk Duarte reported the Downtown Downey Community Benefit District formation ballots were counted and a majority protest did not exist, and the percentage of ballots cast in favor equaled City Council Minutes Regular Meeting — July 24, 2018 10 57.67%, those in opposition totaled 42.33%. The Council was provided a copy of the Assessment Ballot results and copies for the public were made available in the back of the room. It was moved by Council Member Saab, seconded by Mayor Pro Tem Rodriguez, and carried 4- 0-1 with Council Member Vasquez abstaining to receive and file the Downtown Downey Community Benefit District Ballot Results. It was moved by Council Member Saab, seconded by Mayor Pro Tem Rodriguez and carried 4- 0-1 with Council Member Vasquez abstaining to adopt Resolution No. 18-7829, a Resolution of the City Council of the City of Downey forming the Downtown Downey Community Benefit District and Levying Assessments therewith in Accordance with the Modified Boundaries. ITIVITOUINIL94M Mayor Ashton adjourned the regular City Council meeting at 9:53 p.m. in memory of Staff Sgt. James T. Grotjan, 26, of Waterford, Connecticut who was supporting Operation Inherent Resolve; Sgt. 1st Class Christopher Andrew Celiz, 32, from Summerville, South Carolina, who was supporting Operation Freedom's Sentinel; Firefighter Cory Barr,34, of the Sun Prairie Fire Department killed in the line of duty; Firefighter Braden Varney, 36, of the California Department of Forestry and Fire Protection killed in the line of duty; and, Police Officer Michael Chesna, 42, of the Weymouth, Massachusetts Fire Department killed in the line of duty r A A ALICIA DU MC City Clerk City Council Minutes Regular Meeting — July 24, 2018 11 SEAN ASHTON Mayor