HomeMy WebLinkAboutMinutes 09-12-17 Regular Meetingmmulllidw
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CITY OF i •
REGULAR MEETING
SEPTEMBER 12, 2017
The City Council of the City of Downey held a Regular City Council Meeting on September 12,
2017, at 6:38 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
John Oskoui, Assistant City Manager
Shannon DeLong, Assistant to the City Manager
Carl Charles, Chief of Police
Mark Gillaspie, Fire Chief
Mohammad Mostahkami, Public Works Director
Pamela Passow, Parks & Recreation Director
Aldo Schindler, Community Development Director
Anil Gandhy, Finance Director
Alicia Duarte, CMC, Interim City Clerk
The Invocation was delivered by Pastor Alex Nino, Church God With Us. The Pledge of
Allegiance was led by Elias Rodriguez.
COUNCIL• FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETINGREPORTS
Council Member Pacheco welcomed the audience to the meeting. She acknowledged members
of the audience Michael Calvert and Michael Chirco. She reported attending the ribbon cutting events
for the Olson Homes and Rock and Brews; Dr. Stauffer's 100th Birthday Celebration at CMSC; and
Havana Nights. She announced upcoming events: Keep Downey Beautiful Clean Up; International
Food & Music Festival; Friends of the Downey Library event; and, Assembly Member Garcia's Career &
Job Fair. She requested staff purchase a table for the Wesley Health Center Benefit Dinner.
Council Member Saab thanked the Police and Fire personnel for their service. He mentioned
participating with Downey PTA, Downey FCU and Soroptomist International by collecting items and
preparing meals for those affected by the recent hurricanes. He requested staff explore providing cyber
security workshops.
Council Member Rodriguez acknowledged his son and retired Sergeant Ron Coller in the
audience. He reported attending the Walk with your Council Member at Furman Park. He invited the
audience to come out and walk with Council Member Pacheco on Saturdays. He reported attending the
Blue Mass at Our Lady of Perpetual Help Church, as well as Neighborhood Watch meetings and
homeless training. He requested staff research establishing a Clergy Council within the City, and
holding a September 11 Remembrance event next year.
City Council Minutes
Regular Meeting — September 12, 2017
Mayor Pro Tem Ashton reported attending the Havana Nights Rooftop Concert and thanked
P. n. and staff for their work with 'the event. He reported attending Green Task Force Meeting and the
Southern California Association of Governments (SCAG) Regional Transportation Committee meeting
where they discussed SBI which provides funding for highways and local streets. He announced the
upcoming Keep Downey Beautiful Clean Up event at the riverbed, a partnership with Heal the Bay. He
invited the audience to the U.S. Service Academy Workshop hosted by Congresswoman Roybal-Allard;
the International Food & Music Festival; Walk with your Council Member at Furman Park, and Coffee
with your Council Member at Vazza Caf6. He requested staff identify other significant areas within the
city where signage can be posted.
Council Member Saab commented regarding the homeless situation and suggested P.D.
presence during the Keep Downey Beautiful Clean event at the riverbed. He acknowledged members
of the audience Karina Madariaga and Lourdes Vargas.
Mayor Vasquez reported attending a Catholic Latino Leaders event. He announced the
ipcoming international Food & Music Festival. He thanked staff for their work at the Havana Night,%
Rooftop Concert. He reported attending a homeless roundtable discussion with Council Member
Rodriguez and commented regarding homelessness issues affecting the community. He commented
on the importance of parents discussing drug addiction issues with their children. He requested staff
provide an update of the 911 Smart System.
Mayor Vasquez with assistance from City Manager Livas presented the Mayor's Healthy Heart
Award to Anil Gandhy, Director of Finance.
2. Council Member Pacheco and Council Member Saab presented the Certificates of Appointment to
Michael Murray, District 1, and Jeff Worthy, District 5, Board of Building Appeals.
3. Proclamation in recognition of National Suicide Prevention Week.
4. Fire Chief Gillaspie introduced the new Downey Firefighters/Paramedics: Christopher Bayley, Jake
Jerzykowski, Kevin Romero, Christian Safina, and Ricky Slayman.
RECESS/RECONVENE
Mayor Vasquez recessed the City Council meeting at 7:25 p.m. Mayor Vasquez reconvened the
City Council meeting at 7:31 p.m.
NON AGENDA PUBLIC COMMENT
Mayor Vasquez took this item out of order.
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Joe Serrano, resident, commented regarding maintenance issues at the tennis courts
Independence and Furman Parks; and, vandalism within the parks. i
City Manager Livas addressed Mr. Serrano's commented and mentioned the Measure S
Subcommittee is discussing funding sources to address maintenance issues at City parks, including
resurfacing of the tennis courts. He mentioned the Park Rangers assigned to the parks will begin to
address crime issues.
Maricela Padilla, resident, suggested transforming the Rives Mansion into a museum.
City Council Minutes
Regular Meeting — September 12, 2017 2
Mayor Vasquez asked Mr. Aldo Schindler for a status on what the City can or cannot due.
Community Development Director Schindler explained that the property is privately owned and
is currently not on the market due to appraisal issues. He further explained there are restricted uses on
that site.
Salvador Lozano, resident, commented in regards to the installation of City street lights on
Dominic Street between Brookshire Avenue and Birdsdale Street. He also expressed his concerns with
the increase in crime within the City.
City Manager Livas referred Mr. Lozano to speak to Public Works Director Mostahkami
regarding the installation of the street lights. He mentioned Measure S was passed in order to increase
the Police force on the streets; and, explained crime rates in California have increased due to AB 109
and Proposition 47 which released several parolees.
Angel Villanueva, invited the Council to attend Montebello Unified School District's College and
Career Readiness Fair on September 30.
Resident, no name provided, raised concerns regarding coyotes in the area and requested
public awareness of the City's Coyote Plan.
City Manager Livas stated the coyote problem is a priority of the City. He mentioned the City
has created a website for residents to report coyote sightings. He informed the resident that Council
Member Rodriguez held community meetings regarding this issue and referred the resident to speak to
Assistant City Manager Oskoui for further information.
Council Member Saab mentioned an informational brochure will be included in the water bill
regarding coyote issues.
Council Member Rodriguez mentioned he along with Assistant City Manager Oskoui visited
different cities in an effort to learn best practices for addressing the coyote issue. He emphasized that
the City is being proactive in tackling this issue. He mentioned he distributed coyote informational
brochures at the Neighborhood Watch Meetings. He assured the resident that the City is doing
everything they can to tackle this issue.
Resident, no name provided, requested information about the Coyote Management Plan. He
suggested a community meeting where the City can update residents on this issue.
City Manager Livas advised the resident that information about the Coyote Management Plan is
available on the City's social media sites.
Resident, no name provided, mentioned the City of Torrance distributed 33,000 coyote
brochures via U.S. mail to their residents.
City Manager Livas stated the City is in the process of mailing informational brochures to
Downey residents.
Jose Salazar, resident, commented regarding incorrect street signs posted on 3rd Street
adjacent to the Olson Homes, which resulted in the impounding of vehicles.
City Manager Livas referred Mr. Salazar to speak to Police Chief Charles and Director
Schindler, regarding the impounding of the vehicles.
John Lacey, resident, requested Council sponsor a foursome for the Rotary Golf Tournament
Fundraiser for the ARC.
City Council Minutes
Regular Meeting - September 12, 2017 3
Mayor • u..- requested City Manageri:• the sponsorship item to the next Council
meeting.
Having no one else come forward, Mayor Vasquez closed non agenda public comment.
Council Member Rodriguez abstained from Item Nos. 11 and 12, due to conflict of interest.
r, Mayor Vasquez asked if there was anyone present who would like to comment on Consea
Calendar iterts.
Having no one come forward, Mavor Vasquez closed public comment.
It was moved by Council Member Saab, seconded by Mayor Pro Tern Ashton and carriE2
unanimously to approve the Consent Calendar with Council Member Rodriguez abstaining from Ite
Nos. •
2. APPROVED MINUTES: Special Meetings of July 25, 2017 and August 22, 2017: City Clerk.
3. WARRANTS ISSUED: • r Payroll Wire Nos. 30003647-3000365
Manual Wire Nos. 1604-1610; and, Cashier's Check No. 102, in the total amount of $ 6,408,068-841
4. BLANDWOOD -;r AND TRUE AVE. SEWER LIFT STATIONSPROJECT:
ACCEPTED THE PROJECT COMPLETE;APPROVED THE FINAL CONSTRUCTION
CONTRACT AMOUNT OF $1,411,431.36; AND, AUTHORIZED THE PUBLIC WORKS
DIRECTOR • FILE THE NOTICEOF • •N (CASH CONTRACT NO.Public
Works.
• 44-- • • -------
7.
- �• -
APPROVED AN AGREEMENT WITH THE CITY OF •` FOR THE INSTALLATIONOF
LICENSE PLATE READER •BLVD. AND TARGET
INTERSECTION;CENTER AUTHORIZED THE MAYORTO AND,
AUTHORIZED THE CITY MANAGER TO EXECUTE ANY FUTURE AMENDMENTS:Public
8. AUTHORIZED THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SOUTHEAST
AREA ANIMAL CONTROL•- FOR r
CANVASSING SERVICES: Administration.
City Council Minutes
Regular Meeting — September 12, 2017 4
Mayor Vasquez opened the Public Hearing at 8:14 p.m. Interim 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. Interim City Clerk Duarte noted there was
correspondence received from Theresa Donohue in opposition of repealing the current parking district.
The staff report was provided by Director of Public Works Mohammed Mostahkami. In July 2015 the
City received a petition from residents on Shellyfield Rd. between Cecilia St. and Mullet St. and the
north side of Cecilia St. between a point located approximately 183' west of the Shellyfield Rd.
centerline and Chaney Ave. to implement overnight parking prohibition between the hours of 2 a.m. and
6 a.m. and the establishment of a preferential parking district to address neighborhood parking issues.
Staff reviewed the petition which met the criteria for a preferential parking district and a resolution was
adopted to establish the district. Every year staff evaluates the preferential parking zone to find out if
over 50% of the properties have obtained permits. In reviewing the criteria, staff concluded that a total
of 49 permits had been obtained for Shellyfield Rd. and none for Cecilia St. Staff is recommending the
adoption of a repealing the existing residential preferential parking district and establishing a new
residential preferential parking district on both sides of Shellyfield Rd. between Cecilia St. and Muller
St.
Mayor Vasquez inquired how many homes have street addresses on Cecilia St. within the
boundary map. Director Mostahkami stated that there are no street addresses on Cecilia St.
Council Member Saab asked for clarification about what the adoption of the proposed resolution
would entail. He asked if the proposed resolution will allow permit parking in the evenings on Shellyfield
Rd. Director Mostahkami responded permit parking will be available between 2 a.m. and 6 a.m.
Council Member Saab asked Director Mostahkami whether parking will be available on the
north and south side of Cecilia St. in the evening. Director Mostahkami responded yes, residents may
park on the north side anytime.
Council Member Saab stated that the north side of Cecilia is where the issue lies. Director
Mostahkami replied in adopting the resolution street parking by permit will be removed on Cecilia St.
and parking will be available for everyone.
Council Member Saab asked for clarification on whether parking during the day would be
allowed given the safety concerns regarding visibility. Director Mostahkami stated the curbs have been
painted red to address side visibility issues.
City Manager Livas stated the City Council can make any recommendation or changes they
would like. He further stated that under his understanding, on the north side of Cecilia St. there will be
no parking during the day and parking in the evening throughout the south and north side of Cecilia. He
also stated that the restricted day time parking will only be on the north side of Cecilia.
Mayor Vasquez requested further clarification of the current parking situation and what is being
proposed this evening. Director Mostahkami provided a detailed explanation.
Mayor Vasquez opened this item for public comment at 8:28 p.m.
Ronald Kolar, resident, commented in favor of Item No. 1. He commented that he is in favor of
opening up the parking on the north side of Cecilia. He stated that the current parking district has
inconvenienced several renters in the area.
Mayor Vasquez asked Mr. Kolar how many units were in his complex; how many parking
spaces are available in his apartment complex; and, if there are parking fees within the complex for
tenants. Mr. Kolar responded that there are 152 units in his complex, there are 180 -190 parking
spaces available, and there is no fee to tenants.
City Council Minutes
Regular Meeting — September 12, 2017 6
Margie Gutierrez, resident, commented in opposition of Item No. 1.
Mayor Vasquez asked Director Mostahkami if the apartment complex is eligible for parking
permits. Director Mostahkami advised that they are not within the district.
Gale Garland, resident, commented regarding light of sight issues on Cecilia St. and safety of
pedestrians.
James Minor, resident, commented regarding safety, trash and illicit behavior on Cecilia St.
Janet Garcia, resident, commented in opposition of Item No. 1.
Oscar Checca, resident, commented in opposition of Item No. 1.
Resident, no name provided, suggested utilizing the parking lot at Stonewood Mall as additional
parking for residents.
Mayor Vasquez explained the parking lot at Stonewood Mall is privately owned and the City
looked at that option but the owner did not agree.
Jose Sanchez, resident, commented in opposition of Item No. 1.
Jerry Moreno, resident, inquired about permit parking on Clancey and also stated that he has
not seen anything done by the City to alleviate the parking issues.
City Attorney Abich Garcia clarified the question about why the Council is considering opening
up parking on Cecilia St. In addition to staff's indication of no permits being issued on Cecilia St.
another issue is that Mr. Kolar owns the apartment complex and there are some disputes between his
tenants and the preferential parking district and this was a way to come up with a compromise to keep
the district mostly intact and to accommodate some of the issues experienced by the renters of the
apartment complex, this is a compromise for Council's consideration. The Council is free to take
whatever option they wish to.
City Manager Livas stated that parking has become an issue for everyone because of the
household median growing. He stated that some apartments were built in the 1950's and 1960's when
it was one car per household. As times have progressed, he stated, the amount of cars in an average
household has increased. Lastly, he emphasized the importance of trying to come up with a solution
without a legal challenge.
Luisa Leahy, resident, commented against Item No. 1 and suggested lower speed limits on
Cecilia St.
Assistant City Manager Oskoui explained that speeding is regulated by State guidelines and
that every five years the City conducts a speed study. The City collects data on the amount of cars
passing through a particular street and the speed in which they travel. The speed limit is based on the
rate of speed in which 85% of the travelers drive. He offered to work with the Public Works Department
to research the area around Cecilia St.
Mayor Vasquez commented that the State of California mandates how the speed limits are set
and that the City cannot deviate from it or they risk a challenge in court.
Ms. Leahy stated that most Americans go five miles over the speed limit and that using that
logic the speed limit will continue to increase. Mayor Vasquez reiterated that the City has to abide by
California laws.
City Council Minutes
Regular Meeting — September 12, 2017 7
James Minor, resident, asked for clarification regarding the California speed limit law. He also
stated the road between Woodruff Ave. and Lakewood Blvd. does not have any stop signs or speed
bumps.
Assistant City Manager Oskoui explained that the speed limit laws have several factors that are
used to determine speed limits such as accident reports.
Mr. Kolar clarified he does not own Stonewood Village apartments in its entirety but rather that
he is President of the Corporation that owns 1% of the property. He invited Council Members to come
to the apartment complex at 10 p.m. to see the parking situation. He stated that the parking lot will be
full and will not have any empty parking stalls. He also stated that there are no laws that mandate four
parking stalls per unit.
Margie Gutierrez, resident, asked why the City of Downey has restrictions while other cities do
not have parking restrictions.
City Manager Livas, commented that some cities have parking restrictions for specific events.
He also mentioned that some cities have no parking bans across their city and there is no distinction
between renters and home owners.
Mayor Vasquez stated they do not want parking -permit parking throughout the City.
Resident, no name provided, inquired about commercial vehicle parking on Cecilia.
Mayor Vasquez stated commercial vehicles are not allowed.
Oscar Checca, suggested having permit parking on Clancey and Shellyfield.
Greg Yeaheart, resident, commented on the importance of safety.
Having no one come forward, Mayor Vasquez closed public comment at 9:28 p.m.
Mayor Vasquez suggested that City staff speak to property owners and speak with Traffic
Engineers to see if the situation merits a Neighborhood Watch Group which would be able to work
towards a solution outside a City Council Meeting.
Council Member Saab commented regarding this situation going on for two years now and he
doesn't believe the situation will not change because no one will be completely satisfied. He asked City
Attorney Abich Garcia whether the City should host a forum.
City Attorney Abich Garcia stated she has written down some possible options based on the
City's Ordinance. She recommended the City Council allow her the opportunity to work with staff to
explore possible options.
Council Member Saab stated it does not seem like the south side of Cecilia St. is going to
change. He further stated that he believes the issue is the north side of Cecilia St and Clancey Ave.
Mayor Vasquez stated there is a safety issue as you drive on Clancey and Shellyfield onto
Cecilia. If we eliminate or restrict the permits today, the City will have an issue. He expressed that he is
not prepared to make a decision, and would like to give City Attorney Abich Garcia and City staff time to
work with the property owners. Mayor Vasquez asked City Attorney Abich Garcia if there is any case
law on this particular issue. City Attorney Abich Garcia stated there is only a City Attorney General
opinion, which she interprets as the City Attorney General never saying residential parking districts are
illegal. Rather, City Attorney Abich Garcia stated, the opinion is that when a city does establish
City Council Minutes
Regular Meeting — September 12, 2017 8
residential parking within boundaries, you cannot discriminate between renters and property owners
when issuing permits.
Council Member Saab, stated he was in favor of restricting parking during the day and allowing
it at night.
Mayor Vasquez stated his opposition to Council Member Saab's suggestion,
Council Member Pacheco, stated there is a safety issue on that street and is not ready to vote
on this item as it is proposed today. She also stated she would like for City staff to work on any other
recommendations.
Council Member Rodriguez also stated that he is unwilling to vote on this item as proposed and
would like City Attorney Abich Garcia and Staff to work on recommendations.
Mayor Pro Tem Ashton stated his concern with the safety issues and advised the City Council
not to make a decision yet.
Director Mostahkami stated that all property owners were notified and that only two property
owners were opposed.
Ed Norris, Deputy Public Work's Director, stated that the preferential parking district requires the
signatures of 75% of the property owners in order to meet the criteria to establish the preferential
parking district. He stated a petition was circulated 9 to 10 months ago to residents of Clancey.
However, he said that while they did receive the signatures of 75% of the residents, there were not
sufficient signatures of the property owners. A few months ago, he stated, supplementary letters were
sent to property owners and as of today they received two letters from the property owners stating their
support for the establishment of the parking district.
Council Member Saab asked Mr. Norris whether they received any letters from property owners
stating their opposition of the preferential parking district. Mr. Norris responded that they did not receive
any opposition letters.
City Attorney Abich Garcia, advised the audience to speak with Director Mostahkami and Mr.
Norris should they have any questions regarding the process of establishing the residential parking
district on Clancey.
City Manager Livas advised the audience to speak with their neighbors about signing the
petition.
City Attorney Abich Garcia advised the City Council to make a motion to continue this item.
It was moved by Mayor Vasquez, seconded Mayor Pro Tem Ashton and carried unanimously to
continue this Public Hearing to a date uncertain with direction to City staff to come up with options to
resolve this particular residential parking district issue.
Mayor Vasquez closed the public hearing at 9:44 p.m.
ADMINISTRATIVE REPORTS: None.
STAFF MEMBER COMMENTS: None.
City Council Minutes
Regular Meeting — September 12, 2017 9
Mayor Vasquez adjourned the Regular City Council Meeting at 9:45 p.m. in memory of David
Muhoz, Owner of Dave's Barber Shop for 40 years in Downey; Robert "Bob" French, Sacramento
County Sheriff's Deputy killed in the line of duty; Earl Washington, CEO, Financial Partners Credit
Union; victims who perished during recent hurricanes; and, victims of September 11 th.
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City Council Minutes
Regular Meeting — September 12, 2017 10