HomeMy WebLinkAboutMinutes 10-09-18 Regular MeetingMINUTES OF
COUNCILCITY OF OF DOWNE
REGULAR MEETING
OCTOBERill
The City Council of the City of Downey held a Regular City Council Meeting on October 9, 2018,
at 6:36 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey,
California, Mayor Ashton presiding.
PRESENT: 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
Aldo Schindler, Community Development Director
Anil Gandhy, Finance Director
Michael Harary, Human Resources Director
Pam, Parks and Recreation Director
Alicia Duarte, CMC, City Clerk
The Invocation was delivered by Mayor Pro Tem Rodriguez. The Pledge of Allegiance was led by
Downey Cub Scout Troop 805.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Saab recognized his wife, children, and family members; Michael Calvert, and
Joana Peterson in the audience. He congratulated Michael Calvert for his induction as President of
Kiwanis Los Amigos. He reported attending the Glenn Fest, thanked all involved, and invited the
community to visit the Discover Downey page and attend the non-profit events throughout the City. He
announced upcoming events: Trunk or Treats, Downey Police Department's National Pink Patch
Project fundraiser at Lazy Dog, the Multi -Chamber Mixer at Farmers and Merchants Bank, Downey vs.
Warren football game, Spooky Science Night, and the Downey Symphony concert performance. He
asked staff for an update of his request to research becoming a Tree City; and asked staff to review
and update parking requirements for all new developments to require sufficient parking.
Mayor Ashton congratulated Council Members Saab on the occasion of his birthday.
Council Member Pacheco welcomed the audience to the meeting. She congratulated Council
Member Saab on his birthday. She reported visiting the UCLA campus to speak to female students
interested in politics and government. She reported attending the Downey Unified School District State
of the School's Breakfast; and commented on the decrease enrollment rate in the last several years.
She stated that the enrollment in 2017-2018 was at 21,977 and is expected to drop in 2019-2020 to
21,000. She announced upcoming events: Downey vs. Warren football game, Keep Downey Beautiful
City Council Minutes
Regular Meeting — October 9, 2018
Clean Up event; Warren High School Administration Building dedication to Barbara Samperi; Gangs
11. .a ..d 1"1 ........... 1"f :..l... r+_e. .__ s�_ec T_.....-�.Y _._l _a e --t:_ a e__r_ �_ec Cour__
%Jut VI LJow ey Rickly Galvez VUII I ourn BI ent dl Rio 'Hondo 17011 I�UUI`.iC.
Council Member Vasquez thanked the audience for attending the meeting. He thanked staff for
the briefing on the Downey Library renovation. He wished Council Member Saab a Happy Birthday.
I le announced
... ced a1Le.__I:._� 6L_ 11-5
1_:._i Pl_..._.__ UL11_ax.. _1
I IC. GIIIIVUIILCU AIIGIIUIIII�. IIIC I—J JVIIIL rUWCIS /1U111Ullly �.JVlll:y UI'C:U,:ilUll ICl�jdllUlll(�]. lf1C GUIlSIIUGlIUl1 UI
the 1-5 freeway wherein the main focus was alternative funding options from private sector. He
reported attending the California Contract Cities Association seminar and reported on the session
regarding Homelessness issues and stated that California is home to one-fourth of the entire homeless
population for the entire country.
Mayor Pro Tem Rodriguez thanked the audience for allowing him to serve on the Council. He
recognized Steve Dominguez in the audience. He announced that he was the MC at the Kiwanis
Installation of Division 13, Lieutenant Governor Eric Pierce. He reported attending the SEAACA Board
meeting. He was invited to join the Veteran Partner Area Network (VPAN) Board which assists with
homelessness issues in Los Angeles County. He attended the Downey Clergy Council meeting
wherein they are involved in assisting the homeless, foster children, and keep gangs out of Downey.
Mayor Ashton welcomed the audience to the meeting. He reported attending District 2
Neighborhood Watch meetings and shared their concerns regarding increase in property crimes. He
thanked both the Police and Fire Departments for attending the meetings and providing useful
information. He attended the ribbon cutting at St. Pius X -St. Matthias Academy new football stadium.
He announced upcoming events: Downey Police Department's National Pink Patch Project fundraiser
at Lazy Dog, Downey vs. Warren football game, Keep Downey Beautiful Clean Up event, Spooky
Science Night, Downey Symphony Concert at the Downey Theatre, and the Drug Take Back event at
the City Hall.
Mayor Ashton presented the Mayor's Downey DNA Award to Bob Thompson.
2. Mayor Ashton presented the Mayor's Hero Awards to Willie Martinez, World War II Coast
Guard.
3. Mayor Ashton with assistance from Council Member Pacheco presented a Certificate of
Appointment to Melissa Bahmanpour, Green Task Force, District 1.
4. Mayor Ashton with assistance from Rakdy Khlok presented Certificates of Recognition to CERT
Program Fall Graduates.
r ••
Mayor Ashton took this item out of order.
PRESENTATION12. • THE CITY COUNCIL„PROJECTS (FI
STATIONSAdministration.
City Manager Livas provided a brief history of the Measure S tax approved in 2016 by the voters
and the process and preparation of the library and fire stations renovation projects being presented
tonight. He thanked Assistant City Manager Oskoui and staff who are involved in the project and made
it possible to share this with the community.
City Council Minutes
Regular Meeting — October 9, 2018 2
Assistant City Manager Oskoui provided a status update on this project and announced that the
City is about to embark upon the most robust infrastructure improvement and construction program in
the City's history which will be completed in the next two years. The project planning stages started
approximately nine months ago and tonight will be showcasing two of the most prominent construction
projects; the construction and modernization of the fire stations and the library. He extended his thanks
to all involved in diligently working together to accommodate our design team and program manager to
basically complete a 12 month process into six months so that the construction process can get started
in April, 2019.
John A. Coons, Principal, Westgroup Designs, presented the proposed design phase,
modernization, and transformation of the four Fire Stations in the City. He shared that the construction
of all four stations is scheduled to be completed by January, 2020.
Helena L. Jubany, FAIR, and Louise Griffin, Project Manager, NAC Architecture, provided the
presentation and 3-D animated tour of the library's proposed design and modernization. The library's
renovation will consists primarily of interior renovations but include both exterior and interior renovation
of the entrance, lobby, demolition of all interior walls, new finishes and furniture, state of the art
technology and upgrading existing ADA compliance parking which will bring the library into the 21St
century.
Council Member Saab asked how many seats are in the library and if additional seating would
be added. Executive Director Dicklow resplied currently there are 175-200 seats and the exchange
would be one to one.
Mayor Ashton asked if there was anyone present who would like to comment on this item.
Julia Moreno, resident, provided positive comments regarding the VR and New Makers lab.
She asked how it would be managed and if there was a partnership opportunity for a Tech Lab. City
Manager Livas responded that there is a partnership opportunity and the primary partner is the
Columbia Memorial Space Center which will run the Tech Lab.
Having no one else come forward, Mayor Ashton closed public comment.
Council Member Saab inquired about the display for the Friends of the Library and the size of
the Cormack Room as well as flooring material. Ms. Griffin explained that the design area for the
Friends of the Library display is not 100 percent completed and they have presented a tentative design.
Assistant City Manager Oskoui stated that the Cormack Room will be approximately 25 percent larger
and the carpet would be in color tiles to allow for low maintenance and easily replaceable tiles versus
having to replace full sections.
Council Member Vasquez stated that City Manager Livas was extremely instrumental in this
project and recommended an area be identified to dedicate to City Manager Livas.
It was moved by Council Member Saab, seconded by Council Member Vasquez, and carried
unanimously to receive and file.
PUBLIC HEARING: None.
NON AGENDA PUBLIC COMMENT
Mayor Ashton opened non agenda public comment.
Alan D. Halstensgaard, resident, commented in opposition of abortion,
City Council Minutes
Regular Meeting — October 9, 2018 3
Ronnie Norman, Ron's Maintenance Inc., provided comments 4reg�a+rding the formal bidding
process and Contr act approval; and made reference to the Ccity's Ccharter Sectio) is 5 18 al ld Sectio) lI
1211.
City Attorney Abich Garcia clarified that the City's Charter Provision 1211 only applies to Public
Works Projects, the construction of improvements of public facilities and public properties. The Charter
Section 1211 expressly exempts maintenance and repair projects and applies to Public Works projects
when the City is improving, or constructing on public property, which is when those bidding
requirements apply.
Having no one else come forward, Mayor Ashton closed public comment.
Mayor Ashton took this item out of order.
City Manager Livas removed and postponed Item No. 8 to a future meeting.
Mayor Pro Tem Rodriguez pulled Item No. 7.
Council Member Saab pulled Item No. 5; and, abstained from Item No. 4.
Mayor Ashton asked if there was anyone present who would like to comment on Consent
Calendar items.
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 approve the Consent Calendar with City Manager Livas removing and postponing Item
No. 8 to a future meeting; Council Member Saab pulling Item No. 5, and abstaining from Item No. 4;
and Mayor Pro Tem Rodriguez pulling Item No. 7.
1. APPROVEDMINUTES: Regular Meetings of June 27, 2017; May 8, 2018; and, September 25,
2018: City Clerk.
2. WARRANTS ISSUED: Warrant Nos. 327528 - 327932; Payroll Wire Nos. 30003800 & 30003805 —
30003807; - Nos.- _Voided
Check • 327598 for $20, in the total amountof i : fFinance.
4. AWARDED A CONTRACT TO MIRAMONTES CONSTRUCTION COMPANY, INC. IN THE
AMOUNT OF $892,830 FOR PARAMOUNT BLVD. WATER SYSTEM IMPROVEMENT PROJECT
FROM • TO FLORENCEAUTHORIZED TRANSFER OF $565,000
FROM "•VEMENT PROGRAM WATER FUND ACCOUNTNO. TO
IMPROVEMENTCAPITAL •GRAM WATER FUND ACCOUNT NO. TO COVER
TOTALTHE • • 1 AUTHORIZED THE PUBLIC WORKSDIRECTOR i
ORDERSEXECUTE ANY CHANGE OR ADDITIONAL SCOPE OF • TO THE
CouncilAPPROVED PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT 18-17): Public Works.
City es
Regular Meeting October • 2018 4
1. AUTHORIZED THE MAYORTO EXECUTE A PROFESSIONAL AGREEMENT
ADMINSURE INC. TO CONTINUE TO PROVIDE THI.,i PARTY ADMINISTRATOR,
SERVICES • • i i • i
CLAIMS: Human a -
8. INTRODUCED • i • ORDINANCE OF • OF
CITY OF DOWNEY APPROVING AN AGREEMENT WITH NATIONWIDE ENVIRONMENTAL
SERVICES A DIVISION OF • FOR
&da 1 - ;l
9. APPROVED THE STREET CLOSURE• ! BY THE DOWNEY
POLICE OFFICERS ASSOCIATION AND FRIENDS OF THE DOWNEY POLICE K9
FOUNDATION FOR LANE CLOSURES ON COLUMBIA WAY, LAKEWOOD BLVD.,
BELLFLOWER BLVD., AND CONGRESSMAN STEVE HORN WAY FOR A "5K FOR 5 KING
RUN," IN HONOR OF FALLEN DOWNEY POLICE OFFICER RICARDO "RICKY" GALVEZ:
Administration.
6
W A
PoeOR • • - - •
SUPPORT11. APPROVED THE DONATION OF ONE FOURSOME OF GOLF AT THE RIO HONDO GOLF
CLUB IN OF THE FRIENDSOF DOWNEY LIBRARY• iMARKETPLACE
MayorAshton.
5. AWARDED • iN CONTRACT IN THE AM•; OF 1 i TO NR
DEVELOPMENT,FOR i i„ENCE PARK IMPROVEMENT PROJECT -
CONSTRUCTION
MANAGER TO EXECUTE ANY CHANGE ORDERS AND ADDITIONAL SCOPEOF WORK
TO THE AMOUNTOF `•; l PROJECT BUDGET• •'
Administration.
Council Member Saab inquired if there were any changes to the Futsal Court area and if staff was
able to accommodate two warm up areas. Assistant City Manager confirmed no changes to the Futsal
Court area and added, the softball warm up area was accommodated and identify an additional area as
requested.
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 Vasquez, and carried
unanimously to award a construction contract in the amount of $479,500 to NR Development, Inc. for
Independence Park Improvement Project Construction of Futsal Courts.
APPROVED7. ,THREE YEAR EXTENSIONTO THE EXISTING AGREEMENT
VENUETECH MANAGEMENT a • PROVIDE MANAGEMENT AND CONSULTING
SERVICES FOR •WNEY CIVIC THEATRE: Parks & Recreatio
City Council Minutes
Regular Meeting — October 9, 2018 5
Mayor Pro Tem Rodriguez stated the reason why he pulled this item is because he
believes the theatre is under-utilized. He inquired about additional vendor options available.
Council Member Saab shared it was of the public's impression that the Theatre is only used
seven to eight times a year; however, the Theatre is actually utilized over 250 times a year but the
public doesn't necessarily know of the events being held unless they are involved in the project since
they are private events. He shared that VenueTech has done a good job in managing the Theatre and
in promoting it to be utilized by schools for dances and non-profit organizations for additional programs
to the public. He provided a brief history of the management and City sponsored programs, and
explained much of the disconnect is the marketing portion for the City sponsored programs held at the
Theatre.
Discussion ensued regarding the financial components as to when the City managed the
Theatre; and, the increase in patrons and utilization of the Theatre since VenueTech has taken over
management. They also discussed the management component versus the entertainment component.
and possible marketing aspects and responsibility.
City Manager Livas confirmed from a financial aspect when the City managed the Theatre it was
being subsidized 100 percent which was a burden upon the City; currently the City is subsidizing
approximately 50 percent of the Theatre. He added, most theatres do not make any money and are
managed in a similar concept as parks and recreational facilities.
Amber Vogel, Theatre Manager, VenueTech confirmed since they have managed the Theatre
the rental bookings have doubled since 2011. She said the private based events generally have their
own base to market their events and VenueTech does offer assistance and provides a list of marketing
tools. She shared that they operate the professional full service box office and they are able to capture
the data of every ticket purchased and have begun purchasing targeted lists to be shared.
Discussion ensued regarding increasing the City's marketing budget for the Theatre; and how
the patron's data is being captured to create an active data base.
Council Member Pacheco asked if the marquis is being utilized to market the events at the
Theatre. Theatre Manager Vogel confirmed that all contracted events are being displayed on the
marquis.
City Manager Livas asked Council if their direction is to return with programming and
entertainment component and marketing recommendations.
Council Member Saab recommended the programming and entertainment be referred to the
Theatre Subcommittee. He stated since he has been with the City, the Theatre has undergone some
improvements such as being painted, some upgrades to the outside atrium, new air conditioning
system, restrooms upgrades, new banners, and lobby upgrades. He reminded Council that the theatre
had not had many improvements in over 40 years and the next project is the courtyard.
Mayor Ashton asked if there was anyone present who would like to comment on this item.
Ignacio Gonzalez, resident, recommended the Theatre offer classes such as acting, Opera
singing, film making to make the Theatre the center of the community. He suggested the City consider
fund raising to make it more viable and offered his services.
Steven Dominguez, resident, offered comments in opposition of this item.
Having no one else come forward, Mayor Ashton closed public comment.
Council Member Saab inquired about viable options to utilize non-profit organizations.
City Council Minutes
Regular Meeting — October 9, 2018 6
Council Member Vasquez requested the Council hold this item and refer the matter to the
Theatre Subcommittee to focus on City sponsored programs and entertainment, and marketing options.
Council Member Saab clarified there two separate issues the one before Council is the
management of the theatre and the second is entertainment programs. The contract tonight pertains to
the management aspect not programs.
City Attorney Abich Garcia stated the expiration of the contract is December, 2018 if Council
decides they want to extend the contract then they would need to adopt what is being proposed; or if
they want to postpone the item they need to make a decision before the end of the year within the
period of time where they don't let the contract lapse. If Council decides they don't want to renew the
contract then there is a six month notice requirement to allow for transition.
Council Member Saab requested the item be referred to the Theatre Subcommittee.
City Manager Livas agreed with Council Member Saab's suggestion and stated that he does not
want to provide false expectations. He stated the issues brought forth tonight cannot be implemented
in a short time. He mentioned he has visited the La Mirada to request presenting series in Downey and
they refused primarily because the Downey Theatre is small in seating capacity. He added the City has
a judiciary responsibility and it will take at least six months to decide in what direction Council wants to
proceed.
It was moved by Council Member Saab, seconded by Council Member Vasquez, and carried
unanimously to table the item to a future Council meeting.
ADMINISTRATIVE REPORTS: (Continued)
13. INTRODUCED AND ADOPTED ORDINANCE NO.
ORDINANCEOF • OF OF ■•
CommunityTEMPORARY MORATORIUM ON NEW AND EXPANDING EXISTING MASSAGE THERAPY
Development.
Mayor Ashton took this item out of order.
City Planner David Blumenthal provided the staff report and provided a brief update on
the current zoning code which permits massage therapy establishments in most of the
commercial zones provided a Conditional Use Permit is approved by the Planning
Commission, and the exemptions of medical usage and beauty salons. In recent years the
State has passed laws to overrule the City's ability to issue new police permits to massage
therapists. He stated that since the new State laws have changed there has been an increase
from three massage establishments to eleven with three pending applications. The primary
concern is the ties to trafficking which was highlighted in both the State Attorney General's
report issued in 2012 noting that trafficking can occur in a number of places, including
massage therapy establishments, and The Polaris Project issued in 2018, that found trafficking
related to massage therapy establishments is second only to escort services.
Council Member Vasquez inquired what exemptions exist, if the exemptions were State
driven, what the statue is, and is the City able to revoke business licenses. City Planner
Blumenthal explained the exemptions for an Acupuncturist or a Chiropractor which prescribe
massage as part of their therapy do not require a Conditional Use Permit for massage
therapists working in their offices; beauty salons are exempt as well so long as the massage
therapy is less than 25% of their business.
City Council Minutes
Regular Meeting — October 9, 2018 7
City Attorney Abich Garcia confirmed there is a code under the business license
provision to revoke a license once sufficient evidence is gathered; an investigation is complete,
and a public hearing is held; a business license cannot be revoked on mere allegation.
Chief of Police Charles confirmed the process is extremely difficult due to the fact that
not only do arrests have to be made within the establishment and obtain a conviction, but the
Police Department must prove the owner was aware that the therapist was conducting
prostitution within the establishment under Civil action.
Council Member Saab questioned if the ordinance would have any baring on the
existing eleven establishments and what would happen to the three pending applications. City
Planner Blumenthal responded it would not affect the existing establishments and the three
applications would be placed on hold.
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 Vasquez, and carried
unanimously to adopt Ordinance No. 18-1399, an interim urgency ordinance of the City Council of the
City of Downey establishing a temporary moratorium on new and expanding existing massage therapy
establishments.
STAFF MEMBER COMMENTS:
Citv Manaaer I-ivas thankPrf the C=ity rine inril and cfnff fnr Chair affnrfc %Aiifh ranorrlc fn hAm7cs ir® C
and reminded everyone to be prepared for any unforeseen issues that may arise as they tend to in any
construction project. He thanked the City Council for adjourning in memory of his nephew and shared
how honored and what an impact the condolences made upon him and his family.
ADJOURNMENT: Mayor Ashton adjourned the regular City Council meeting at 9:06 p.m. in memory of
Patrolman James White, 35; and Corporal Zack Moak, 31, of Brookhaven Police Department,
Mississippi, killed in the line of duty; Officer Terrence Carraway, Florence Police Department, South
Carolina, killed in the line of duty; and, Victims of the earthquake and tsunami in Indonesia.
kA MLIC�IADU�ART, CMC
City Clerk
City Council Minutes
Regular Meeting — October 9, 2018 8
�S AN ASHTON
Mayor