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HomeMy WebLinkAbout01b. Minutes - 03-26-19 - Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING MARCH 26, 2019 The City Council of the City of Downey held a Regular City Council Meeting on March 26, 2019, at 6:32 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Rodriguez presiding. T:a 16 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 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 Aldo Schindler, Community Development Director James McQueen, Human Resources Director James Fructuoso, Assistant Finance Director Alicia Duarte, CMC, City Clerk The Invocation was delivered by Mayor Rodriguez. The Pledge of Allegiance was led by Gordon Sodetani. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE/MEETING REPORTS Council Member Saab welcomed the audience to the meeting. He recognized former Mayor Meredith Perkins, Martha Sodetani, Youth Commissioners, Commissioner Nolveris Frometa, and Michael Calvert in the audience. He announced upcoming events: Evolution Hair Salon ribbon cutting; ARC Walk for Independence; and, Sister City Annual Iridescent Ball in Long Beach. He stated one of the functions of the Downey Chamber of Commerce is to promote the businesses in the City and the Chamber currently approximately 500 members. He invited new businesses to join the Chamber. He asked staff to address the maintenance of the center medians on Paramount Blvd. south of Imperial Blvd.; and, the overgrown vegetation at the southwest corner of Paramount Blvd. and Firestone Blvd. He requested a review of the City's policy to ensure murals on city businesses are uniform throughout the City. Council Member Frometa welcomed the audience to the meeting. She recognized the Youth Commissioners, Commissioner Nolveris Frometa, Martha Sodetani, former Mayor Meredith Perkins, and Michael Calvert in the audience. She reported attending the Rancho Los Amigos Amistad Gala; and, Keep Downey Beautiful Clean Up. She invited the community to volunteer at the Keep Downey Beautiful Clean Up events every fourth Saturday of the month. She announced upcoming events: ARC Walk for Independence and Coyote Townhall Meeting. She thanked Public Works for replacing the street signs on Florence Blvd. between Brookshire Ave. and Downey Ave. She requested a review City Council Minutes Regular Meeting — March 26, 2019 of the City's policy and enforcement of neon flashing signs in businesses. She requested staff repair potholes in the alleyway behind Gloria's Butcher Shop. Council Member Ashton welcomed the audience to the meeting. He announced upcoming events: ARC Walk for Independence; Coyote Townhall Meeting; Salute to the Armed Services at First Baptist Church; and, STEM events throughout the month of April at the Columbia Memorial Space Center. Mayor Pro Tem Pacheco welcomed the audience to the meeting. She recognized Joanna Peterson and Lucy Perez in the audience. She reported attending the American Legion's 100`" Birthday Celebration, Gangs Out of Downey Annual Luncheon, and Rancho Los Amigos Amistad Gala. She participated in a ride along with Fire Station No. 1. She announced upcoming events: Downey Unified School District's Carnival of Champions at Warren High School; Downey Chamber of Commerce Let's Do Lunch at Buffalo Wild Wings; and, Downey Federal Credit Union's Annual Food Packing at Warren High School. Mayor Rodriguez thanked the audience for allowing him to sit in his seat on the City Council. He announced participation a meeting with Food Finders, an organization that picks up food from local businesses and delivers to food pantries. He reported visiting Williams Elementary to read to the children and Calvary Chapel's 40`h Anniversary Celebration. He mentioned nominating Martha Sodetani to be recognized by State Senator Archuleta as Woman of Distinction representing the 32nd District and congratulated her for the recognition. NON -AGENDA PUBLIC COMMENT Mayor Rodriguez took this item out of order. Margarita Encinas, resident, commented regarding speeding near her residence on Steward and Gray Road. City Manager Livas informed the resident staff would contact her regarding her concerns. Having no one else come forward, Mayor Rodriguez closed public comment. PRESENTATIONS 1. Mayor Rodriguez presented the Mayor's Servant Heart Award to Luz Perez. 2. Mayor Rodriguez with assistance from Director Schindler presented the Downey's Finest Award to Kim Sodetani. 3. Mayor Rodriguez with assistance from Director Passow presented a Proclamation in recognition of Student Government Day to the Downey Youth Commission. 4. Mayor Rodriguez presented a Proclamation in recognition of Red Cross Month to Victoria Vallesteros, Board of Directors of American Red Cross. 5. Council Member Frometa presented a Certificate of Appointment to Daniel Cunningham, Recreation and Community Services Commission District, 4. RECESS/RECONVENE Mayor Rodriguez recessed the City Council meeting at 7:20 p.m. Mayor Rodriguez reconvened the City Council meeting at 7:33 p.m. City Council Minutes Regular Meeting — March 26, 2019 2 PUBLIC HEARING 2. SECOND AMENDMENT TO TIERRA LUNA DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DOWNEY, PCCP IRG DOWNEY, LLC., IRG DOWNEY, LLC., AND US VI DOWNEY, LLC: Community Development. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A SECOND AMENDMENT TO THE TIERRA LUNA DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DOWNEY, PCCP IRG DOWNEY LLC., IRG DOWNEY, LLC., AND US VI DOWNEY, LLC., TO AMEND THE TERM OF THE AGREEMENT. Mayor Rodriguez abstained from Item No. 2 due to close proximity to his rental property, and left the dais. Mayor Pro Tem Pacheco 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 Ashton, and so ordered by the Mayor Pro Tem to receive and file. City Clerk Duarte reported no correspondence was received. Community Development Director Schindler presented the staff report for this item. He provided a brief history of the Tierra Luna Development Agreement, First Amendment, and the Second Amendment's extension to the term for an additional five years to allow sufficient time to develop the site. He stated the main challenge to the project has been financing for the next phase of the development. Council Member Saab requested clarification regarding the extension of the term in the Second Amendment. Director Schindler confirmed the only request is to extend the term of the agreement for an additional five years. Mayor Pro Tem Pacheco asked if there was anyone present who would like to comment on Consent Calendar items. Armando Herman, resident, commented regarding the possibility of the creation of a homeless shelter at the site and reducing the extension of the term to two years instead of five years. Having no one else come forward, Mayor Pro Tem Pacheco closed public comment. Council Member Saab requested further clarification as to how a five year extension is sufficient time to finalize the development of a hotel. Director Schindler responded the magnitude of the scope to develop the 20 acre site will take two to three years to complete the hotel. The design requirements are extremely stringent and add additional layers to the development of the site; and, any changes to the design require approval from the developer, owners, and other outside partners such as Kaiser. He added Kaiser takes time to act on real estate transactions of this magnitude. In addition, the Federal and State tax credits will take additional time to acquire and that is why the five year extension is appropriate. He stated the owners are currently paying rent on the vacant site until the development is finalized. Council Member Ashton asked if the site will be fully built by April 20, 2024. Director Schindler replied although there are challenges, the owners of the site are extremely motived to have the site built by April 20, 2024. City Manager Livas stated that the underlying of this development agreement is specific language which will allow the developer to proceed; the agreement provides controls as an economic City Council Minutes Regular Meeting — March 26, 2019 3 development tool so when the developer goes out to attract tenants they are well aware of all the guardrails of the particular project and it makes it easier to attract them. It was moved by Council Member Ashton, seconded by Council Member Saab, and approved 4- 0-1, with Mayor Rodriguez abstaining to approve a Second Amendment to the Tierra Luna Development Agreement between the City of Downey, PCCP IRG Downey LLC., and US VI Downey, LLC., to amend the term of the agreement. CONSENT CALENDAR Council Member Saab abstained from Item No. 3. Council Member Ashton pulled Item No. 5. Mayor Rodriguez abstained from Item No. 7 due to close proximity to property. Mayor Rodriguez asked if there was anyone present who would like to comment on Consent Calendar items. Armando Herman, resident, commented regarding Item Nos. 4, 6, 9, 14; Americans with Disabilities, and Freedom of Speech. City Attorney Abich Garcia provided an explanation to the audience regarding First Amendment rights and explained why the City Council can only ask a speaker to refrain from using profanity during public comment. She stated the courts have ruled that members of the public are allowed to use profanity in a public meeting; and the member of the public can only be stopped if the use of profanity causes an actual disruption of the meeting and the unruliness causes the City Council meeting from moving forward. Other than that the member of the public can continue to use profanity even if there are children in the audience. While the use of profanity does not go unnoticed if the Mayor were to stop the speaker then the City would be subject to a Federal lawsuit consisting of tax payer's dollars. Paul Martinez, resident, commented regarding public comment speakers and transparency. Having no one else come forward, Mayor Rodriguez closed public comment. Council Member Ashton requested clarification regarding Item Nos. 6 and 9; he asked if both items included ADA improvements. City Manager Livas confirmed the consultants on both projects anticipated inclusion of ADA compliance and improvements. It was moved by Council Member Ashton, seconded by Council Member Saab and carried unanimously to approve the Consent Calendar with Council Member Saab abstaining from Item No. 3; Mayor Rodriguez abstaining from Item No. 7; Council Member Ashton pulling Item No. 5 for separate discussion. 3. APPROVED MINUTES: Special and Regular Meeting Minutes of March 12, 2019: City Clerk. 4. WARRANTS ISSUED: Warrant Nos. 331928 — 332295; Payroll Wire Nos. are 30003855, 30003859 — 30003861; Manual Wire Nos. 1817 — 1822; and, Cashier's Check numbers are 129 — 131, in the total amount of $ 2,600,124.42: Finance. 6. AWARDED A CONSTRUCTION CONTRACT TO C.S. LEGACY CONSTRUCTION, INC. IN THE AMOUNT OF $5,694,775, FOR THE APOLLO AND DENNIS THE MENACE PARKS IMPROVEMENT PROJECTS; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK DEEMED NECESSARY OR City Council Minutes Regular Meeting — March 26, 2019 4 DESIRABLE UP TO 10% OF THE CONSTRUCTION CONTRACT AMOUNT (CAPITAL IMPROVEMENT PROJECT NOS. 19-28 AND 19-29): Administration. 7. APPROVED THE PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION OF BIDS FOR THE ELECTRICAL IMPROVEMENTS RELATED TO THE FIRE STATIONS MODERNIZATION PROJECT - TEMPORARY FIRE STATION FACILITY (CAPITAL IMPROVEMENT PROJECT NO. 19-37): Administration. 8. AWARDED A CONSTRUCTION CONTRACT TO PCN3, INC. IN THE AMOUNT OF $7,958,000, FOR FIRE STATIONS 1 AND 3 MODERNIZATION AND EXPANSION PROJECTS; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK FOR THE PROJECTS DEEMED NECESSARY OR DESIRABLE UP TO 10% OF THE CONSTRUCTION CONTRACT AMOUNT (CIP NO. 19-37-01 AND CIP NO. 19-37-03): Administration. 9. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH FEHR & PEERS FOR SERVICES RELATED TO THE DEVELOPMENT OF THE CITYWIDE PEDESTRIAN PLAN; AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS AS DEEMED NECESSARY FOR THIS PROJECT (CAPITAL IMPROVEMENT PROJECT NO. 17-12): Public Works. 10. AWARDED A PURCHASE ORDER TO THIRKETTLE CORPORATION DBA AQUA METRIC SALES CO. IN THE AMOUNT OF $191,317.50 FOR PURCHASE OF RADIO TRANSMITTERS FOR ADVANCED WATER METERS: Public Works. 11. AUTHORIZED THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH CHAMPION AUTO GROUP, LLC, FOR THE USE OF THEIR EXISTING ALPHA ROMERO/FIAT DEALERSHIP TO SELL MASERATI VEHICLES AT 9715 FIRESTONE BOULEVARD; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT: Community Development. 12. APPROVED PROFESSIONAL SERVICE AGREEMENTS WITH SAGECREST PLANNING+ ENVIRONMENTAL, WILLDAN ENGINEERING, AND JWA URBAN CONSULTANTS, INC., FOR TEMPORARY PROFESSIONAL PLANNING STAFFING SERVICES AND AUTHORIZED THE MAYOR TO EXECUTE SAID AGREEMENTS: Community Development. 13. ADOPTED RESOLUTION NO. 19-7874, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ELECTING TO BE EXEMPT FROM THE CONGESTION MANAGEMENT PROGRAM: Public Works. 14. ADOPTED RESOLUTION NO. 19-7875, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING RATE ADJUSTMENTS FOR SOLID WASTE SERVICES PROVIDED BY CALMET SERVICES, INC. TO RESIDENTIAL AND COMMERCIAL CUSTOMERS: Public Works. 15. ADOPTED RESOLUTION NO. 19-7876, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE HUMAN RESOURCES DEPARTMENT: Human Resources. 16. CREATED OF AN URBAN FOREST MANAGEMENT PLAN WORKGROUP AND APPOINTED MEMBERS FROM THE COMMUNITY: Public Works. ADOPTED RESOLUTION NO. 19-7877, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING MEMBERS TO THE URBAN FOREST MANAGEMENT PLAN WORKGROUP. City Council Minutes Regular Meeting — March 26, 2019 5 17. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3199.10 OF THE DOWNEY MUNICIPAL CODE RELATING TO THE SPEED LIMITS FOR ARDIS AVENUE BETWEEN FOSTER ROAD AND IMPERIAL HIGHWAY: Public Works. 18. APPROVED THE DONATION OF TWO FOURSOMES OF GOLF AT THE RIO HONDO GOLF COURSE IN SUPPORT OF THE DOWNEY KIWANIS CLUB: Mayor Rodriguez. OTHER BUSINESS 5. CITY LIBRARY MODERNIZATION PROJECT - REJECTED BIDS RECEIVED; AND, AUTHORIZED RE -SOLICITATION OF BIDS (CAPITAL IMPROVEMENT PROJECT NO. 19-20): Administration. Council Member Ashton announced he pulled the item for separate discussion to provide the opportunity to ensure the public is aware the City will adhere to the construction timeline of the Library even though the bids are being rejected. City Manager Livas provided an explanation for staffs' decision to reject all bids. He stated in this particular case, the City received a bid protest from the second lowest apparent bidder due to the bid amounts being close. Therefore, rather than waiting for the protest to potentially be settled by the courts which could delay the project indefinitely, the City's best option is to reject all bids. By electing to reject and re -solicit bids the project would most likely remain on the projected completion date. Mayor Rodriguez asked if there was anyone present who would like to comment on Consent Calendar items. Sonia Bautista, resident, commented regarding the closure of the library and the disruption of services. She suggested mobile library services or temporary libraries at City parks. Armando Herman, resident, commented regarding the closure of the Library and the disruption of services. He suggested utilizing Warren High School's Library as a temporary location for public use. Resident, no name provided, commented in opposition of the closure of the Library and the unsuccessful bidding process. Jasmine Chavez, resident, commented regarding the impact on student's due to the closure of the Library. She requested an alternate location for the public to use computers and internet services in the City. Having no one else come forward, Mayor Rodriguez closed public comment. City Manager Livas responded to the residents' concerns by providing a brief explanation of the various phases a large infrastructure project entails. He announced the City is currently undertaking the largest project by renovating the Library and added the City received comments from the public in the past regarding the deteriorated condition of the Library. He explained the process in which the City has to utilize the funding received through Measure S, and said the City only has three years to utilize the funding. The first six months is occupied with bonding of funds, followed by the approval of plans and specifications. He explained the City has done as much public outreach as possible by utilizing social media resources and informational public meetings. He addressed concerns regarding afterschool tutoring and advised the public that the Aspire Program is available to assist students. He stated a temporary library site location was discussed during the planning stages and a cost benefit analysis was conducted and showed that temporary sites are expensive and would reduce the funding available to complete the needed improvements on the permanent renovation project. The solution was to reach City Council Minutes Regular Meeting — March 26, 2019 6 out to local schools to request they provide extended library hours to students. In addition, most of the services will be provided at the Columbia Memorial Space Center, and library staff is currently tagging and sorting library supplies. Lastly, he said the City's website would be updated to provide more information to the public. It was moved by Council Member Saab, seconded by Council Member Pacheco and carried unanimously to approve rejection of all bids and authorized re -solicitation of bids for the City Library Modernization Project. ADMINISTRATIVE REPORT: 19. RECEIVED AND FILED THE FINDINGS OF AN ANNUAL DOWNTOWN PARKING ASSESSMENT BY DIXON RESOURCES UNLIMITED: Community Development. Mayor Pro Tem Pacheco abstained from Item No. 19 due to the close proximity to her business and left the dais. Community Development Director Schindler provided a brief background on the parking challenges the City faces due to growth of both retail and residential projects in the Downtown Downey area. In 2016, the City Council directed staff to conduct a parking assessment over a five year period. Julie Dixon, Dixon Resources Unlimited, provided the presentation regarding the finding for the first year of the five year parking assessment study. The study collected data at various times on Tuesdays and Saturdays regarding car count and identified length of time cars were actually parked on the streets surrounding the Downtown area. This revealed that the need for additional parking or adjustments to parking time limits are not currently required except in the area of the Farmer's Market on Saturdays. Dixon Resources Unlimited recommends enforcing merchants utilize offsite parking to allow sufficient parking for patrons. At this time the City's parking demand has not met the 85% threshold required to make changes throughout the Downtown area. Dixon Resources Unlimited did recommend consideration of additional wayfinding to direct drivers to nearby parking options. City Manager Livas suggested issuing merchants a decal to place on vehicle windows to assist enforcement of merchants parking offsite. He added the City will continue to monitor the parking in the Downtown area and consider making policy changes when necessary. He mentioned the possibility of a ride share parking identification for convenient and safe drop off of passengers in addition to wayfinding to direct drivers to nearby parking options. Council Member Saab mentioned the reason the City requested the study was due to complaints received a few years ago by constituents; however, he has not heard any complaints after the implementation of the initial findings of the study. Council Member Ashton suggested keeping the two hour parking limit in the Downtown area and implementing additional wayfinders to direct drivers to nearby parking. Mayor Rodriguez asked if there was anyone present who would like to comment on Consent Calendar items. Having no one come forward, Mayor Rodriguez closed public comment. It was moved by Council Member Saab, seconded by Council Member Frometa, and approved 4-0-1, with Mayor Pro Tem Pacheco abstaining to receive and file the findings of an Annual Downtown Parking Assessment By Dixon Resources Unlimited. City Council Minutes Regular Meeting — March 26, 2019 7 STAFF MEMBER COMMENTS: None. ADJOURNMENT At 8:55 p.m. in memory of the victims of the terrorist attack in New Zealand; and, Marla Burton, Downey resident. MARIA ALICIA DUARTE, CMC RICK RODRIGUEZ City Clerk Mayor City Council Minutes Regular Meeting — March 26, 2019 8