HomeMy WebLinkAbout04b. Minutes - 11-27-18 - Regular MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
NOVEMBER 27, 2018
The City Council of the City of Downey held a Regular City Council Meeting on November
27, 2018, at 6:38 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
Vaniah De Rojas, Assistant to the City Manager
Carl Charles, Chief of Police
Mark Gillaspie, Fire Chief
Delfino Consunji, Public Works Director
Pam Passow, Parks and Recreation Director
Aldo Schindler, Community Development Director
Anil Gandhy, Finance Director
Michael Harary, Human Resources Director
Alicia Duarte, CMC, City Clerk
The Invocation was delivered by Mayor Pro Tem Rodriguez. The Pledge of Allegiance was led
by Council Member Pacheco.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Saab welcomed the audience to the meeting. He announced upcoming
events: Downey Christmas Parade, Tree Lighting Ceremony, Swearing-in Ceremony for Chief Dean
Milligan, and Futsal Courts ribbon cutting at Independence Park. He congratulated former Council
Member Vasquez for the outstanding job during his term in office. He requested staff host a public
briefing for members of the community at the Cormack Room to inform patrons of the upcoming
improvements scheduled at the library; and, asked staff to schedule a Homeless Subcommittee
meeting prior to the end of the year.
Council Member Pacheco welcomed the audience to the meeting. She recognized Michael
Calvert and Joanna Peterson in the audience. She reported attending the 5K for 5 King Benefit Run in
honor of Ricky Galvez. She thanked the Downey Police Officers Association and Friends of the
Downey Police Canine Foundation for sponsoring the event, and thanked the Downey Police
Department for everything they do for the community. She announced upcoming events: Apollo Shuttle
Lighting at the Columbia Memorial Space Center, Downey Christmas Parade, Home Decorating
Contest, Tree Lighting Ceremony, and SEACCA Santa Paws Event.
City Council Minutes
Regular Meeting — November 27, 2018
Council Member Vasquez welcomed the audience to the meeting. He recognized former Mayor
Kirk Cartozian, Alex Gaytan, and Josie Estrada in the audience. He reported attending the 1-5 Joint
Powers Authority meeting and announced the Florence Ave. overpass bridge is on schedule to be
completed next year. He announced that the 1-5 expansion project from Downey to East Los Angeles
which was scheduled to be completed in 2026-27 has been extended until 2047, due to the Metro
Transit Authority's commitment to invest in their vision which is focused on public transit, the light rail,
and Downtown Los Angeles rather than South East Los Angeles. He added that the delay will cause
Downey residents to be impacted by an increase in traffic on City streets due to the 1-5 bottleneck
issues in the Downey area.
Mayor Pro Tem Rodriguez thanked the audience for allowing him to serve on the Council. He
reported being a participant in the 5K for 5 King Benefit Run in honor of Ricky Galvez and participated
in Turkey Giveaway at the Southern California Resource Services for Independent Living. He reported
attending Temple Ner Tamid's all denomination service, and the Veteran's Subcommittee meeting. He
recognized L. Ray Gard in the audience and mentioned the American Legion celebrated their 100 years
of service. He announced participating in the Downey Clergy Council conference call at 6:00 a.m. to
pray for the City of Downey. He reported attending the Meet and Great with Senator Elect Bob
Archuleta and meeting with the owners of Studio Movie Grill which is due to open January, 2019. He
announced the creation of the Downey Care Cooperative (DCC), which will help 170 foster children in
the City of Downey celebrate the holidays and receive assistance with afterschool care.
Mayor Ashton welcomed the audience to the meeting. He reported attending the Keep Downey
Beautiful Clean Up event and thanked the volunteers for attending. He also attended the meeting with
the owners of Studio Movie Grill. He announced upcoming events: Keep Downey Beautiful Clean Up
event, Apollo Shuttle Lighting at the Columbia Memorial Space Center, Swearing-in Ceremony for Chief
Dean Milligan, 5K Elf Run; Downey Christmas Parade, Home Decorating Contest, Tree Lighting
Ceremony, and the Futsal Courts ribbon cutting at Independence Park. Mayor Ashton requested staff
inspect the traffic light at Paramount and Quill/Quoit for traffic delays.
PRESENTATIONS
1. Mayor Ashton presented the Mayor's Downey DNA Award to Alanie Padilla.
2. Mayor Ashton presented the Mayor's Hero of the Meeting Award to James Myers, Navy Veteran,
WWII.
3. Mayor Ashton presented a Certificate of Recognition to Ronnie Fernandez.
4. Mayor Ashton with assistance from Mayor Pro Tem Rodriguez presented Certificates of
Recognition to Downey students for contributions to the Anne Frank Exhibition.
5. Mayor Ashton with assistance from City Manager Livas presented a City Tile in Recognition of
Retiring Employee with 28 Years of Service, Carl D. Charles, Chief of Police, Downey Police
Department.
6. Mayor Ashton presented a Proclamation to Jasmine Hernandez in recognition of National Diabetes
Month.
7. Mayor Ashton presented a Certificate of Appointment to Jeannie Wood, Parks & Recreation and
Community Services Commission, District 2.
City Council Minutes
Regular Meeting — November 27, 2018 2
RECESS/RECONVENE
Mayor Ashton recessed the City Council meeting at 7:26 p.m. Mayor Ashton reconvened the
City Council meeting at 7:40 p.m.
1. MORATORIUM ON SUBDIVIDING LARGE SINGLE-FAMILY RESIDENTIAL LOTS: Community
Development.
1) Received and filed the report on actions taken to alleviate conditions that led to the adoption of
an urgency ordinance; and,
2) Adopted by a 4/5th vote the following titled interim urgency ordinance:
ADOPTED ORDINANCE NO. 18-1404, AN INTERIM URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF DOWNEY EXTENDING INTERIM URGENCY
ORDINANCE NO. 18-1401 FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS
THEREBY CONTINUING TEMPORARY MORATORIUM ON SUBDIVIDING LARGE
PARCELS (20,000 SQUARE FEET AND LARGER) IN THE R-1 ZONE.
Mayor Ashton opened the Public Hearing at 7:40 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 reported no correspondence was
received.
The staff report was presented by David Blumenthal, City Planner. Mr. Blumenthal provided a
brief history regarding the moratorium and an update regarding the Zoning Code pertaining to R-1
Zone, single-family residential uses. The R-1 Zone ranges from 2,043 square feet, up to 5.27 acres;
makes up approximately 51 % of the net acreage and 83% of the total parcels within the City. He shared
with the City Council staffs' concerns regarding the impact that subdividing would impose on the
community.
Council Member Pacheco inquired as to how many applications have been submitted this year
to subdivide large parcels. Mr. Blumenthal replied the City received two or three applications in 2018.
Council Member Saab inquired if two to three applications is routine, and how many properties
are over 20,000 square feet within the City which would be affected by the interim urgency ordinance.
Mr. Blumenthal responded that the amount of applications is standard; and, there are approximately
400 properties over 20,000 square feet within the City.
Mayor Ashton inquired if there were any applications in process. City Planner Blumenthal
confirmed there are no applications in process at this time.
Council Member Saab inquired as to how many residential lots are in the City and if the City
Council would have the option to extend the interim moratorium, if approved. Mr. Blumenthal replied
that there are 18,823 parcels that are zoned R-1 out of 22,000 total parcels in the City and confirmed
that State law does allow for an additional extension of the interim ordinance.
Council Member Pacheco asked if there has been an increase in requests to have lots split.
City Planner Blumenthal confirmed that there has been an increase in requests since 2008.
Council Member Vasquez inquired about an item that was previously presented to the City
Council regarding a zoning moratorium and the direction City Council provided to staff.
City Council Minutes
Regular Meeting — November 27, 2018 3
Community Development Director Schindler replied that the previous moratorium had a wider
scope and included all parcels in the R-1 zone; however, the moratorium presented tonight is lot size
specific to 22,000 square feet or larger.
Mayor Ashton opened this item for public comment.
Armando Herman provided comments in opposition of subdividing parcels.
Resident, no named provided, commented in regards to the affordable housing apartments on
Paramount Boulevard and supports the moratorium.
Having no one else come forward, Mayor Ashton closed public comment.
It was moved by Council Member Saab, seconded by Mayor Ashton and carried unanimously to
adopt Ordinance No. 18-1404, an Interim Urgency Ordinance of the City Council of the City of Downey
extending Interim Urgency Ordinance No. 18-1401 for an Additional 10 Months and 15 Days thereby
continuing temporary Moratorium on Subdividing Large Parcels (20,000 square feet and larger) in the
R-1 Zone.
i•► _ ►B •T1, MA11fig
Alan D. Halstensgaard, resident, commented against abortion.
Armando Herman, resident, commented regarding homelessness.
Lars Clutterham, composer, thanked Chief Carl Charles for his 28 years of service to the
Downey Community and wished him the best; and thanked Council Member Vasquez for his eight
years of service to the community. He announced four upcoming events at the Downey Theatre and
invited the City Council to attend.
CONSENT CALENDAR
Mayor Pro Tem Rodriguez abstained from Item Nos. 4 and 15.
Council Member Vasquez abstained from Item Nos. 4 and 15.
Mayor Ashton asked if there was anyone present who would like to comment on Consent
Calendar items.
Armando Herman, resident, provided supportive comments regarding Item Nos. 10 and 14.
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 Council Member Vasquez abstaining from Item
Nos. 4 and 15; and, Mayor Pro Tem Rodriguez abstaining from Item Nos. 4 and 15.
2. APPROVED MINUTES: Special Meeting of November 13, 2018; Regular Meetings of August 22,
2017; and, November 14, 2017: City Clerk.
3. WARRANTS ISSUED: Warrant Nos. 328921 — 329254; Payroll Wire Nos. 30003817 — 30003821;
and, Manual Wire Nos. 1768 — 1775; and, Check No. 329065, dated 11-09-18 was voided and
reissued 11-16-18, in the total amount of $4,399,520.99: Finance.
City Council Minutes
Regular Meeting — November 27, 2018 4
4. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED IMPLEMENTATION OF THE
ELECTRIC VEHICLE CHARGING STATIONS PROJECT, PHASE 2; AUTHORIZED
PROCUREMENT OF SIX DUAL -PORT CHARGEPOINT ELECTRIC VEHICLE CHARGING
STATIONS AND RELATED CITY -FURNISHED MATERIALS; APPROVED THE
APPROPRIATION AMOUNT OF $47,400 IN SOUTH COAST AIR QUALITY MANAGEMENT
DISTRICT AB 2766 SUBVENTION FUNDS IN ACCOUNT NO. 22-1-6736 TO COVER THE
ESTIMATED TOTAL PROJECT COST SHORTFALL; AUTHORIZED CITY MANAGER TO
EXECUTE CONTRACT AGREEMENTS; AND, AUTHORIZED THE DIRECTOR OF PUBLIC
WORKS TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK:
(CAPITAL IMPROVEMENT PROJECT NO. 19-15): Public Works.
5. RATIFIED CONTRACT CHANGE ORDER NO. 1 IN THE AMOUNT OF $78,200 FOR STEWART
AND GRAY RD. VALVE REPAIR PROJECT FROM BELLFLOWER BLVD. TO WOODRUFF
AVE.; AND, AUTHORIZED TRANSFER OF $63,827 FROM WATER FUND CIP ACCOUNT
NUMBER 51-1-8674 TO 51-1-6768 (MISCELLANEOUS PROJECT NO. 331): Public Works.
6. APPROVED AND AUTHORIZED THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH MAINSTREAM UNLIMITED TO DEVELOP PROCEDURES AND
POLICIES WITH REGARD TO THE TRAINING OF PUBLIC SAFETY EMPLOYEES WHICH
OCCURS ON PRIVATELY -OWNED PROPERTY: Finance.
7. AWARDED A CONTRACT TO WILLIAMS PIPELINE CONTRACTORS, INC. IN THE AMOUNT
OF $48,000 FOR DOWNEY AVE. AND MITLA AVE. VALVE REPAIR PROJECT; AUTHORIZED
TRANSFER OF $55,300 FROM ACCOUNT NO. 51-1-8674 TO 51-1-8688; AND, AUTHORIZED
THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL
SCOPE OF WORK: (MISCELLANEOUS PROJECT NO. 334): Public Works.
8. AUTHORIZED THE POLICE DEPARTMENT TO ENTER INTO AN AGREEMENT WITH
"WEBIPLEX" TO PROVIDE SOFTWARE SERVICES FOR THE DEPARTMENT'S COURT
SUBPOENA MANAGEMENT SYSTEM: Police.
9. APPROVED AGREEMENT WITH JOE'S SWEEPING, INC., DBA NATIONWIDE
ENVIRONMENTAL SERVICES IN THE AMOUNT OF $158,216 FOR CATCH BASIN CLEANING
SERVICES FOR A PERIOD OF THREE YEARS WITH AN OPTION TO RENEW FOR AN
ADDITIONAL TWO YEARS; AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT;
AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO
THE AGREEMENT: Public Works.
10. ADOPTED RESOLUTION NO. 18-7851, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE
POLICE DEPARTMENT: Police.
11. ADOPTED RESOLUTION NO. 18-7852, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF DOWNEY AND THE DOWNEY CITY EMPLOYEES' ASSOCIATION - MISCELLANEOUS
UNIT (APRIL 1, 2018 — MARCH 31, 2021) BY ADOPTING THE SIDE LETTER AGREEMENT:
Human Resources.
12. ADOPTED RESOLUTION NO. 18-7853, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ADOPTING THE SIDE LETTER AGREEMENT TO THE 2017-2019
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE
DOWNEY FIRE MANAGEMENT ASSOCIATION: Human Resources.
City Council Minutes
Regular Meeting — November 27, 2018 5
13. ADOPTED RESOLUTION NO. 18-7854, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY REGARDING THE DECEMBER 31, 2018 CITY HALL HOLIDAY CLOSURE:
Human Resources.
14. ADOPTED RESOLUTION NO. 18-7855, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY AMENDING THE CITY'S CONFLICT OF INTEREST CODE WHICH
INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S
STANDARD MODEL CONFLICT OF INTEREST CODE: City Clerk.
15. APPROVED THE PARADE PERMIT/STREET CLOSURE APPLICATION SUBMITTED BY THE
DOWNEY CHAMBER OF COMMERCE: Administration.
16. APPROVED THE DONATION OF 12 CITY -OWNED SURPLUS PEDESTRIAN LIGHT POLES TO
THE DOWNEY CEMETERY DISTRICT: Public Works.
ADMINISTRATIVE REPORTS:
17. APPROVED THE COMPENSATION ADJUSTMENT FOR CITY MANAGER GILBERT LIVAS IN
ACCORDANCE WITH AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT: Human
Resources.
The staff report was presented by Michael Harary, Human Resources Director. Director Harary
provided a brief update to the City Council regarding the compensation adjustment for City Manager
Livas according to Section 1(B) of City Manager Livas' Employment Agreement.
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. 17.
Having no one else come forward, Mayor Ashton closed public comment.
It was moved by Mayor Ashton, seconded by Council Member Saab, and carried unanimously
to approve the compensation adjustment for City Manager Gilbert Livas in accordance with Amendment
No. 2 to Employment Agreement.
18. APPOINTED THE MAYOR PRO TEM FOR 2019; AND, APPOINT THE MAYOR FOR 2019: City
Clerk.
Mayor Ashton made a motion to appoint Mayor Pro Tem Rodriguez as Mayor for 2019; and,
Council Member Pacheco as Mayor Pro Tem for 2019.
Mayor Ashton asked if there was anyone present who would like to comment on this item.
Having no one come forward, Mayor Ashton closed public comment.
It was moved by Mayor Ashton, seconded by Council Member Saab, and carried unanimously
to appoint Mayor Pro Tem Rodriguez as Mayor for 2019; and, appoint Council Member Pacheco as
Mayor Pro Tem for 2019.
STAFF MEMBER COMMENTS:
City Manager Livas acknowledged Chief Charles, said it has been wonderful working with him.
He thanked Mayor Ashton and said it was a pleasure working with him this year; and said he looks
forward with working with Mayor Pro Tem Rodriguez and Council Member Pacheco in their new roles.
He mentioned there are exciting things happening in Downey and staff is ready to work.
City Council Minutes
Regular Meeting — November 27, 2018 6
ADJOURNMENT: Mayor Ashton adjourned the regular City Council meeting at 8:26 p.m. in memory of
Officer Toshio Hirai, 34, of the Gardena Police Department killed in the line of duty; and, Victims of the
shooting at Mercy Hospital in Chicago, IL.
MARIA ALICIA DUARTE, CMC SEAN ASHTON
City Clerk Mayor
City Council Minutes
Regular Meeting — November 27, 2018 7