HomeMy WebLinkAbout01b. Minutes - 02-12-19 - Regular MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
FEBRUARY 12, 2019
The City Council of the City of Downey held a Regular City Council Meeting on February 12,
2019, at 6:39 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue,
Downey, California, Mayor Rodriguez presiding.
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Council Members:
Rick Rodriguez
Blanca Pacheco
Sean Ashton
Claudia Frometa
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
Vaniah De Rojas, Assistant to the City Manager
Dean Milligan, Chief of Police
Mark Gillaspie, Fire Chief
Delfino Consunji, Public Works Director
Pam Passow, Parks and Recreation Director
Anil Gandhy, Finance Director
Michael Harary, Human Resources Director
Alicia Duarte, CMC, City Clerk
The Invocation was delivered by Pastor Alex Vargas, The Lord's Grace Church. The Pledge of
Allegiance was led by Council Member Frometa.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Saab welcomed the audience to the meeting. He recognized Planning
Commissioner Nolveris Frometa, Nancy Swenson, Roy and Barbara Beard, Michael Calvert, and Carrie
Uva in the audience. He announced Mayor Rodriguez would be participating in the KTLA's Gail on the
Run news segment at the Columbia Memorial Space Center and welcomed the audience to attend. He
announced the upcoming TLC Healthy Downey 5K Walk at Apollo Park. He reported attending the
Independent Cities Association's Seminar and reported on the session pertaining to the recent passage
of California law which allows the delivery of cannabis in all cities, including those cities that prohibit
dispensaries. He requested staff research the possibility of opposing cannabis deliveries within the City.
Council Member Frometa welcomed the audience to the meeting. She acknowledged Nolveris
Frometa in the audience. She reported attending the Independent Cities Association's Seminar and
announced Downey won for being the most represented City in attendance which shows the City's
commitment to working hard on behalf of the residents. She reported on the session regarding disaster
preparedness and disaster management initiatives. She stated Downey is fortunate to have an
individual overseeing disaster preparedness. She reported attending the Bike Share Program event
and commented regarding the benefits of the program. She attended the Kiwin's Walk for Water event
which provided awareness of lack of accessible potable water in third world countries; and, the Library
Renovation Community Meeting. She asked members of audience to share information regarding the
City Council Minutes
Regular Meeting — February 12, 2019
Measure S projects with other members of the community. She assured the City will do its best to keep
the community well informed.
Council Member Ashton reported attending the Independent Cities Association Seminar and
mentioned he sits on the Executive Board of the organization. He explained the organization's focus is
on public safety and reported moderating a panel discussion regarding gun violence restraining orders.
He explained the restraining order is a civil court order originated by law enforcement or family
members that are concerned about an individual who may not be emotionally stable to possess a
firearm. The temporary restraining order is issued for 21 days. He reported attending the Library
Renovation Community Meeting and said Library Director Ben Dickow did a great job informing the
community about the timeline of the Library Renovation. He announced the upcoming TLC Healthy
Downey 5K Walk at Apollo Park; and, Keep Downey Beautiful Clean -Up at the Park n' Ride Lot. He
recognized Chad Oberly in the audience.
Mayor Pro Tem Pacheco welcomed the audience to the meeting. She reported attending the
Homeless Count event and thanked Cathy Ballon-Godinez for all she does assisting with the Homeless
Count. She attended the Bike Sharing Program Ribbon Cutting and commented on the various
locations were the bikes are parked throughout the City. She attended the Charming China New Year
Gala at the Downey Theatre, and commented on the great programming scheduled at the Theatre and
encouraged the audience to visit the City's website and look at the list of upcoming events. She
reported attending the Independent Cities Association Seminar and commented regarding the panel
discussion on gun violence restraining orders and the delivery of cannabis within City limits. She
participated in the Kiwin's Walk for Water event and said this brings awareness on the issues occurring
in third world countries. She attended the Warren High School Special Olympics Champion Schools
Banner Ceremony and mentioned Warren High was named as ESPN top unified champion school for
having athletic programs that are inclusionary. Warren High has integrated special needs students with
the general student population in three of their athletic programs which include basketball, track and
field and cheer. She announced the upcoming Downey Rose Float Association Installation event.
Mayor Rodriguez reported attending the Homeless Count and the Independent Cities
Association Seminar. He commented regarding the delivery of cannabis and emergency preparedness
sessions, and said he is proud the City is already addressing these issues; and, proud the City was well
represented at the Seminar. He also attended the Kiwin's Walk for Water event, but he is most happy to
have visited the children at St. Raymond's School to talk about his role as Mayor of the City and about
their future. He participated as guest speaker for the Downey Chamber of Commerce City Affairs
meeting and at Warren High School for the AVID class. He commented on how much he enjoys talking
to the young people about preparing for the future and not waiting until they graduate high school. He
announced upcoming events: Military Service Day at Calvary Chapel; and, Family Resource Fair at
New Seasons L.A. Church.
NON -AGENDA PUBLIC COMMENT
Mayor Rodriguez took this item out of order.
Faraz, resident, commented in support of cannabis delivery in the City.
Michael Calvert, resident, commented regarding the Kiwin's Walk for Water event.
CONSENT CALENDAR
Mayor Rodriguez abstained from Item Nos. 5 and 8.
Mayor Rodriguez asked if there was anyone present who would like to comment on Consent
Calendar items.
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Regular Meeting — February 12, 2019 2
Having no one come forward Mayor Rodriguez closed public comment.
It was moved by Council Member Saab, seconded by Council Member Frometa and carried
unanimously to approve the Consent Calendar with Mayor Rodriguez abstaining from Item Nos. 5 and
8.
2. APPROVED MINUTES: Special and Regular Meeting Minutes of January 22, 2019: City Clerk.
3. WARRANTS ISSUED: Warrant Nos. 330563 — 331145; Payroll Wire Nos. are 30003836, 30003840
— 30003844 & 30003846 — 30003848; Manual Wire Nos. 1793 — 1800; and, Cashier's Check
numbers are 125 — 128, in the total amount of $5,991,725.04: Finance.
4. ACCEPTED WELL NO. 23 REHABILITATION PROJECT AS COMPLETE; APPROVED THE
FINAL CONTRACT AMOUNT OF $117,575; AND, AUTHORIZED THE DIRECTOR OF PUBLIC
WORKS/CITY ENGINEER TO THE FILE THE NOTICE OF COMPLETION (MISCELLANEOUS
PROJECT NO. 327): Public Works.
5. AUTHORIZED THE CITY MANAGER TO EXECUTE A FUNDING AGREEMENT (FA) WITH THE
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (METRO)
PROVIDING $1,300,000 IN MEASURE R GRANT FUNDING FOR THE LAKEWOOD BLVD. AT
FIRESTONE BLVD. INTERSECTION IMPROVEMENT PROJECT; AND, ANY FUTURE
AMENDMENTS TO THE FA AS NECESSARY (CAPITAL IMPROVEMENT PROJECT NO. 14-09):
Public Works.
6. AWARDED A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,604,650 TO ALL
AMERICAN ASPHALT FOR THE PARAMOUNT BLVD. MEDIAN ISLAND IMPROVEMENT
PROJECT; AUTHORIZED TRANSFER OF $1,050,000 OF MEASURE R LOCAL RETURN
FUNDS FROM ACCOUNT NO. 56-1-6628 TO ACCOUNT NO. 56-1-6701 AND $250,207 OF
MEASURE M LOCAL RETURN FUNDS FROM ACCOUNT NO. 57-1-6628 TO ACCOUNT NO. 57-
1-6701; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO EXECUTE
ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK AS DEEMED NECESSARY:
(CAPITAL IMPROVEMENT PROJECT NO. 14-18): Public Works.
7. ACCEPTED THE SAFETY LIGHTING IMPROVEMENT PROJECT ADJACENT TO THE 1-5
FREEWAY BETWEEN FAIRFORD AVE. AND CECILIA ST. AS COMPLETE; APPROVED THE
FINAL CONSTRUCTION CONTRACT AMOUNT OF $56,538; AND, AUTHORIZED THE PUBLIC
WORKS DIRECTOR/CITY ENGINEER TO FILE THE NOTICE OF COMPLETION (CAPITAL
IMPROVEMENT PROJECT NO. 15-13): Public Works.
8. AUTHORIZED THE CITY MANAGER TO EXECUTE A FUNDING AGREEMENT (FA) WITH THE
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (METRO)
PROVIDING $3,185,000 IN MEASURE R GRANT FUNDING FOR THE PARAMOUNT BLVD. AT
IMPERIAL HWY. INTERSECTION IMPROVEMENT PROJECT; AND, ANY FUTURE
AMENDMENTS TO THE FA AS NECESSARY (CAPITAL IMPROVEMENT PROJECT NO. 19-06):
Public Works.
9. FIRE STATIONS MODERNIZATION PROJECT/TEMPORARY FIRE STATION — AWARDED
CONSTRUCTION CONTRACT (CAPITAL IMPROVEMENT PROJECT NO. 19-37): Administration.
10. FIRE STATIONS MODERNIZATION PROJECT/STATION ALERT SYSTEM — REJECTED
PROPOSALS (CAPITAL IMPROVEMENT PROJECT NO. 19-37): Administration.
11. POLICE STATION IMPROVEMENT PROJECT/NORTH PARKING LOT RECONSTRUCTION —
AWARDED CONSTRUCTION CONTRACT (CAPITAL IMPROVEMENT PROJECT NO. 19-38):
Administration.
City Council Minutes
Regular Meeting — February 12, 2019 3
12. APPROPRIATED $24,076 IN EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
FUNDS FOR FISCAL YEARS 2018-2020: Police.
13. AWARDED A CONTRACT TO "BTI COMMUNICATIONS" IN THE AMOUNT OF $147,606.11
FOR THE PURCHASE AND INSTALLATION OF THE EQUIPMENT NECESSARY TO REPLACE
THE VIDEO SURVEILLANCE SYSTEM FOR THE POLICE DEPARTMENT, CITY HALL, AND
CITY LIBRARY COMPLEX; AUTHORIZED THE ALLOCATION OF $150,000 FROM THE
GENERAL FUND RESERVES TO FUND THE UPGRADE/REPLACEMENT OF CLOSED
CIRCUIT SURVEILLANCE SYSTEM FOR THE POLICE DEPARTMENT AND CITY HALL
COMPLEX; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE THE AGREEMENT:
Police.
14. APPROVED A SELF -MOVE AGREEMENT FOR THE RELOCATION COSTS OF THE
AMERICAN LEGION HOLLYDALE POST #723 FROM 11269 GARFIELD AVE. DOWNEY, CA;
AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT; AND, AUTHORIZED THE CITY
MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT: Community
Development.
15. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH NICHOLS CONSULTING
ENGINEERS, CHTD., TO UPDATE THE CITY'S PAVEMENT MANAGEMENT INFORMATION
SYSTEM IN THE NOT -TO -EXCEED AMOUNT OF $75,905; AUTHORIZED THE MAYOR TO
EXECUTE THE AGREEMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY
AND ALL AMENDMENTS AS DEEMED NECESSARY: Public Works.
16. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH WITT O'BRIEN'S, LLC. IN THE
AMOUNT OF $149,990 FOR THE REGIONAL MULTI -HAZARD EXERCISE TOOLKIT, TO BE
COMPLETED BY JANUARY 30, 2020; AUTHORIZED THE MAYOR TO EXECUTE THE
AGREEMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL
AMENDMENTS AS DEEMED NECESSARY: Fire.
17. AUTHORIZED THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT
WITH NADG/WAYPOINT DOWNEY, LP, FOR A PORTION OF THE CITY -OWNED RIGHT-OF-
WAY PROPERTY, LOCATED AT THE SOUTHWEST CORNER OF IMPERIAL HWY. AND
LAKEWOOD BLVD. FOR $122,500; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE
ANY AND ALL AMENDMENTS TO THE AGREEMENT: Community Development.
ADOPTED RESOLUTION NO. 19-7866, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN
NADG/WAYPOINT DOWNEY, LP AND THE CITY OF DOWNEY FOR A PORTION OF THE
PROPERTY WITH ASSESSOR PARCEL NUMBER 6263-001-900 DOWNEY, CA
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Mayor Rodriguez took this item out of order.
21. ESTABLISHED AN ECO -RAPID SUBCOMMITTEE AND APPOINTED TWO MEMBERS OF THE
CITY COUNCIL TO SERVE ON THE SUBCOMMITTEE: Administration.
The staff report was provided by City Manager Livas. City Manager Livas stated Eco -Rapid Rail
Line is approaching and METRO is currently working on planning for this project. He would like to
ensure that there is oversight on this project as it moves forward since the City is a participant. He
City Council Minutes
Regular Meeting — February 12, 2019 4
requested two Council Members be appointed to a subcommittee, one being Council Member Ashton
since he serves on the Eco -Rapid Board, and one additional Council Member.
Council Member Saab requested to serve on the subcommittee to provide a fresh outlook on
the subject.
Council Member Pacheco stated she serves as the Alternate on the Board and would like to
participate as the second Council Member of the subcommittee.
Council Member Ashton agreed and recommended both Council Members Saab and Pacheco
serve on the subcommittee.
It was moved by Council Member Aston, seconded by Council Member Frometa and carried
unanimously to appoint Council Members Saab and Pacheco to serve on the Eco -Rapid
Subcommittee.
19. RECEIVED AND FILED REPORT ON SENATE BILL 1437 AND CITY ACTIONS: Administration.
The staff report was provided by Assistant to the City Manager De Rojas. She reported on the
City's efforts to proactively oppose the Criminal Justice Reform Legislation changes which began in
2011 with AB 109 and AB 117, Prop 47, Prop 57, and most recently SB 1437. She summarized the
negative impact and how the early release of criminals affects the safety of the community and the
Downey Police Department's ability to ensure safety. She reported the City's action specific to SB
1437 include regular discussions with the City's State Representatives; working with the State Lobbyist
and League of California Cities; coordinating with the California Chief of Police Association to seek
possible reversal or amendments of the Bill; and, developing a resolution in support of the "Reducing
Crime and Keeping California Safe Act of 2020" Ballot Initiative.
Council Member Ashton thanked Assistant to the City Manager De Rojas for the report and the
update to the community.
Council Member Frometa thanked staff for the report and is looking forward to future updates.
Mayor Rodriguez asked if there was anyone present who would like to comment on this item.
Having no one come forward Mayor Rodriguez closed public comment.
It was moved by Council Member Saab, seconded by Council Member Ashton and carried
unanimously to receive and file the report on Senate Bill 1437 and City Actions.
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Council Member Saab stated that he requested this item be placed on the agenda; he provided
a brief history of the juvenile diversion program of the Superior Court of Los Angeles; and comments in
support of the Teen Court Program. He is requesting the City Council's support of the program and the
Mayor write a letter in opposition of the elimination of the program to the Board of Supervisors.
Mayor Rodriguez asked if there was anyone present who would like to comment on this item.
Having no one come forward Mayor Rodriguez closed public comment.
It was moved by Council Member Frometa, seconded by Mayor Pro Tem Pacheco and carried
unanimously to support the program and request the Mayor write a letter in opposition of the elimination
of the program.
City Council Minutes
Regular Meeting — February 12, 2019 5
PRESENTATIONS
Mayor Rodriguez took this item out of order.
1. Mayor Rodriguez presented the Mayor's Servant Heart Award to Cathy Ballon-Godinez.
2. Mayor Rodriguez with assistance from Fire Chief Gillaspie and Rakdy Khlok presented the
Downey's Finest Award to Roy Beard.
3. Mayor Rodriguez presented the Military Banner Presentation to Alexander Foskarino.
4. Council Member Frometa presented a Certificate of Appointment to Carmela "Carrie" Uva,
Independent Citizens' Oversight Committee, District 4.
PUBLIC HEARING:
Mayor Rodriguez took this item out of order.
1. RECEIVED PUBLIC COMMENT ON THE FEDERAL COMMUNITY DEVELOPMENT BLOCK
GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM 2019-2020: Community
Development.
Mayor Rodriguez opened the Public Hearing at 7:39 p.m. City Clerk Duarte affirmed receipt of
the Proof of Publication. It was moved by Council Member Ashton, seconded by Council Member Saab,
and so ordered by the Mayor to receive and file. City Clerk Duarte reported no correspondence was
received.
The staff report and presentation was provided by Economic Development and Housing
Manager Jessica Flores. Ms. Flores summarized the proposed level of Federal HUD Grant funds; the
process to receive the funding; and, the current Community Development Block Grant budget. She
reported on various sources of public outreach; announced upcoming community meetings which will
take place between February and April; and, the Public Hearing scheduled for May.
Council Member Ashton thanked Economic Development and Housing Manager Flores for the
presentation and outreach events.
Mayor Rodriguez asked if there was anyone present who would like to comment on this item.
Having no one come forward Mayor Rodriguez closed public comment.
It was moved by Council Member Saab, seconded by Council Member Ashton and carried
unanimously to receive and file.
STAFF MEMBER COMMENTS
City Manager Livas thanked Executive Director Dickow; Library staff; Assistant City Manager
Oskoui; and, Management Analyst Montenegro for the public outreach event to kick off the Library's
Renovation Project. He thanked the City Council for an efficient meeting.
City Council Minutes
Regular Meeting — February 12, 2019 6
ADJOURNMENT: At 7:51 p.m. in memory of Officer Sean Tuder, 30 of the Mobile Police Department
killed in the line of duty; Staff Sgt. Joshua Z. Beale, 32, of Carrollton, Virginia and Sgt. Cameron A.
Meddock, 26, of Spearman, Texas who were supporting Operation Freedom's Sentinel; Army Chief
Warrant Officer 2 Jonathan R. Farmer, 37, of Boynton Beach, Florida, Navy Chief Cryptologic
Technician Shannon M. Kent, 35, of upstate New York, U.S. Department of Defense civilian Scott A.
Wirtz of St. Louis, Missouri who were supporting Operation Inherent Resolve; Honorable John W.
Bunnett, former judge and longtime Downey resident; and, victims of the plane crash in Yorba Linda.
MARIA ALICIA DUARTE, CMC RICK RODRIGUEZ
City Clerk Mayor
City Council Minutes
Regular Meeting — February 12, 2019 7