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HomeMy WebLinkAbout02a. Minutes - 04-10-18 - Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING April 10, 2018 The City Council of the City of Downey held a Regular City Council Meeting on April 10, 2018, at 6:34 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 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 Anil Gandhy, Finance Director Alicia Duarte, CMC, City Clerk (excused) The Invocation was delivered by Dr. Paul M. Reinhard, First Baptist Church. The Pledge of Allegiance was led by Jessica, Sarah and Emily Frometa. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE/MEETING REPORTS Council Member Saab welcomed the audience to the meeting. He acknowledged the City Fire Fighters being honored tonight. He acknowledged Gigi Saab and Michael Calvert in the audience. He announced upcoming events: Downey Police and Fire Foundation Annual Luncheon, City of STEM Science Festival, Story Time with the Mayor and City Council at the Downey Library and ribbon cutting events for Elemental Staffing, Solar Lotus Healing Center and Giant RV. He announced the culmination of City of STEM on April 28 and the TLC, Rotary Club and YMCA Gala, St. John Bosco Gala, and Downey Rose Float Association Beauty Pageant. He asked staff to work with the community groups to repaint the light poles throughout the City. He requested staff address maintenance of the median island on Paramount Blvd. and Imperial Hwy. Council Member Pacheco welcomed the audience to the meeting. She reported attending the Downey High School Mentor Breakfast and Coffee with a Cop event. She announced upcoming events: Shredding event at the Downey Civic Center and tree planting at Rio San Gabriel Park. Council Member Vasquez welcomed the audience to the meeting. He acknowledged Claudia Marroquin-Frometa and members of Courage Forward in the audience. He announced upcoming events: Story Time with the Mayor and the City Council at the Library, Downey Police and Fire Foundation Annual Luncheon; and, Library Volunteer Recognition Breakfast. He thanked the volunteers for their work. He reported attending the Lakewood Blvd. Subcommittee meeting and mentioned there will be construction this summer between Telegraph Rd. and Gallatin Rd. that would be completed City Council Minutes Regular Meeting — April 10, 2018 before school starts. He stated notices will be issued to residents and business affected. He asked the audience to plan accordingly for traffic congestion. He thanked Director Mostahkami and Assistant City Manager Oskoui for their work on this project. Mayor Ashton reported attending the Homeless Faith Community Meeting where they discussed available resources to help resolve homelessness issues. He commented regarding the creation of the Clergy Council which will also assist with addressing homelessness issues in the community. He reported attending City of STEM Press Conference and mentioned the importance of getting students prepared for science, technology, engineering and math career opportunities. He commented on meeting Nick the Science Guy. He commented on the Yuri's Kid Event held this past Saturday and informed the audience the list of events for the remainder of the month is located at cityofstem.org . He announced upcoming events: City of STEM Science Festival culmination with guest Magician Jason Latimer; Story Time with the Mayor and the City Council; Mulch Event; and, Giant RV's ribbon cutting. Mayor Ashton requested additional police presence during dismissal time at Alameda Elementary School. PRESENTATIONS Mayor Ashton with assistance from Chief Gillaspie presented the Certificates of Recognition to Downey Fire Department personnel who assisted with the Thomas Fire. 2. Mayor Ashton presented the Mayor's Downey DNA Award to Ricardo Perez. 3. Mayor Ashton presented the Mayor's Hero of the Meeting Award to Moises Hernandez. 4. Mayor Ashton presented a Proclamation in honor of National Library Week to Library Director Dickow. 5. Council Member Saab presented a Certificate of Appointment to Nolveris Frometa, Planning Commission, District 5. RECESS/RECONVENE Mayor Ashton recessed the City Council meeting at 7:21 p.m. Mayor Ashton reconvened the City Council meeting at 7:35 p.m. PUBLIC HEARING 1. RESIDENTIAL PREFERENTIAL PARKING DISTRICT ON THE EAST AND WEST SIDES OF BARLIN AVE. BETWEEN CENTURY BLVD. AND PRICHARD ST.: Public Works. ADOPTED RESOLUTION NO. 18-7794, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A RESIDENTIAL PREFERENTIAL PARKING DISTRICT ON THE EAST AND WEST SIDES OF BARLIN AVENUE BETWEEN CENTURY BOULEVARD AND PRICHARD STREET Mayor Ashton opened the Public Hearing at 7:38 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 noted no correspondence was received. The staff report was provided by Mohammed Mostahkami, Public Works Director. The City received petitions from property owners in favor of preferential parking permits on Barlin Ave. both east and west between Century Blvd. and Prichard St. The permit request was evaluated based on the City Council Minutes Regular Meeting — April 10, 2018 2 criteria established under City Ordinance No.11-1284. Staff presented the item to Public Works Committee on March 15, 2018. The report is complete and staff recommends upon conclusion of the Public Hearing and receiving testimony to adopt a resolution establishing a residential preferential parking district on east and west side of Barlin Ave. between Century Blvd. and Prichard St. Council Member Vasquez asked if the recent amended guidelines were in effect for this proposed resolution. City Attorney Abich Garcia responded the Ordinance has not under gone the review and amendment process but is currently being reviewed. The proposed resolution reflects the Ordinance adopted in 2011. Mayor Ashton opened for public comment at 7:41 p.m. Resident, no name provided, asked what percentage of property owner's signatures is needed on a petition to be considered for a preferential parking district. Director Mostahkami stated 75%. Barlin Ave. resident, no name provided, commented regarding parking conditions on Barlin Ave. and said the residents on that street are in favor of the preferential parking district. Dale Smith, resident, expressed her concerns regarding approving preferential parking on Barlin Ave. and the overflow that would create on Parkcliff St. She also mentioned some homes on Parkcliff St. own more than two vehicles and they need additional parking permits. Council Pacheco asked if Parkcliff St. has a preferential parking district. Mayor Ashton confirmed they did. Tim Horn, Parkcliff St. resident, said residents discussed the permit issue with Public Works and were told there will be distinguished parking permits between Barlin Ave. and Parkcliff St. permits. Lucila Madrigal, resident, thanked the City Council for responding to the request and is in favor of the preferential parking district. She asked how gardeners can avoid being ticketed when they park on the street to work on homes. Director Mostahkami responded and said the guest pass can be used by the gardeners and renewed each year. Council Member Saab asked if residents on Dorian St., Prichard St. and Earnshaw Ave. were properly notified of today's scheduled Public Hearing. Director Mostahkami responded and said the notice of public hearing was legally published and notices were sent to addresses within a 500 ft. radius. Council Member Vasquez asked if Parkcliff St. is the only street in that area that has a preferential parking district. Director Mostahkami responded in the affirmative. Ruben Salazar, resident, thanked the residents who voted in favor of preferential parking on Parkcliff St. and he is in favor of preferential parking on Barlin Ave. Ms. Bertha, Earnshaw Ave. resident, commented regarding parking issues on her street. She requested information on how to request a preferential parking district and is against establishing a preferential parking district on Barlin Ave. because of overflow onto Earnshaw Ave. Mayor Ashton explained each preferential parking district request must go through the initial process and it requires 75% of the property owners to sign the petition. Ms. Esmeralda, Barlin Ave. resident, commented regarding trash left on her street, double parking, and the allowed number of guest parking permits issued. City Council Minutes Regular Meeting — April 10, 2018 3 Director Mostahkami explained there are certain vehicles exempt from the Ordinance for example utility and maintenance vehicles. He invited the resident to review the Ordinance. City Manager Livas suggested residents allow their gardener to park in their driveway to avoid being ticketed. City Manager explained some the homes located in this area were built in the 1960's when households owned one vehicle. He also mentioned 40% of the City's residents are apartment dwellers. He said the City can manage the preferential parking issues present before them but other issues such parking for gardeners and guest parking permits for large families have to be addressed by the residents themselves. Council Member Saab commented no matter what the Council decides tonight there will always be a challenge. The Council is doing the best they can for the community at large. Resident, no name provided, thanked the City Council for approving the preferential parking on Parkcliff St. and mentioned her concerns of blocked fire hydrants and overflow of parking from the condominiums. Council Member Saab explained the condominiums are private property and were built with no visitor parking. Having no one else come forward, Mayor Ashton closed public comment at 8:15 p.m. Council Member Pacheco asked if there would be specific parking permits for each district on Barlin Ave. and Parkcliff St. Director Mostahkami stated the parking permits would be customized for each street for enforcement purposes. Council Member Pacheco asked if it was possible to purchase additional guest parking permits during special occasions. Director Mostahkami stated the Ordinance includes one guest parking permit and temporary guest parking permits are free. Ed Norris, Deputy Director of Public Works, stated the preferential parking Ordinance allows temporary parking passes up to seven days and can be issued free of charge to residents for functions and events. Council Member Vasquez asked how many temporary parking passes are allowed. Mr. Norris stated the Ordinance does not specify a limit and Public Works has received up to 10 requests at a time. Council Member Vasquez asked City Attorney Abich Garcia what the time frame of reviewing and amending the preferential parking district Ordinance is. City Attorney Abich Garcia stated within 30 to 45 days. Council Member Vasquez suggested City Attorney Abich Garcia review the City of Cerritos Ordinance which limits guest parking per year per household. Council Member Pacheco inquired if guest parking passes are being tracked. Director Norris stated the residential and guest parking permits are logged but the temporary guest parking permits are not. Council Member Vasquez asked City Attorney Abich Garcia if there is a legal limit in terms of how large a preferential parking district can be. City Attorney Abich Garcia stated not by the Ordinance but by the petition. Council Member Saab asked how the districts are determined. City Attorney explained it is determined by the petition and Public Works make that determination. City Council Minutes Regular Meeting — April 10, 2018 4 Council Member Vasquez suggested including Blodgett Ave., Dorian St., and Prichard St. to be part of this preferential parking district. City Attorney Abich Garcia advised the Ordinance won't allow tagging on additional streets. She suggested next time there is a petition Public Works can examine the geographical area and determine what can be included in the district. Resident, no name provided, asked if the only property owners can sign the petition. Mayor Ashton confirmed property owners have to sign the petition. City Attorney Abich Garcia directed the audience to speak to Director Mostahkami and Mr. Norris for inquiries on formation of districts in the area. Council Member Vasquez asked the City Attorney Abich Garcia if the property owner can sign over legal authority to the tenant to sign the petition. She stated only with a legal document in place. Council Member Pacheco asked if there was a way they can track the number of guest pass to a particular owner. Director Mostahkami confirmed every permit is logged. Mayor Ashton mentioned he is in favor of the proposed preferential parking district based on the information provided in the staff report. Council Member Saab stated he is in favor of staff's recommendation but commented regarding the challenges in other preferential parking districts such as Shellyfield Rd. He reminded his colleagues that they should proceed with caution because cars will eventually need to park on streets. Having no one else come forward, Mayor Ashton closed public comment at 8:15 p.m. It was moved by Council Member Vasquez, seconded by Council Member Saab and approved 4-0-0, with Mayor Pro Tem Rodriguez excused to adopt Resolution No. 18-7794, a Resolution the City Council of the City of Downey establishing a Residential Preferential Parking District on the east and west sides of Barlin Ave. between Century Blvd. and Prichard St. 2. AMENDMENT TO THE MUNICIPAL CODE TO REGULATE SIGNAGE FOR PRIVATE, PRIMARY EDUCATION SCHOOLS (K-12) LOCATED WITHIN RESIDENTIAL ZONES: Community Development. INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 9620.05 TO CHAPTER 6 OF ARTICLE IX OF THE DOWNEY MUNICIPAL CODE REGARDING SIGNAGE FOR PRIVATE, PRIMARY EDUCATION (K-12) SCHOOLS LOCATED WITHIN RESIDENTIAL ZONES Mayor Ashton opened the Public Hearing at 8:16 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 noted no correspondence was received. The staff report was provided by David Blumenthal, City Planner. Mr. Blumenthal discussed the amending of the zoning code to allow signage for private primary education schools. On February 2017 staff was approached by Our Lady of Perpetual Help (OLPH) and St. Piux-Matthias requesting to replace their existing monument sign with a new electronic sign. Both schools are located within residential zones and the zoning code does not allow monument signs. Staff however would like to amend the zoning code to accommodate signage for private schools. The code amendment makes two provisions one is to allow wall signs limited to 32 square ft. and non -illuminated signs. The amendment would allow schools to place monument signs located at front of the school. Signs could either set lettering or electronic changeable message signs. The ordinance would allow 8 ft. tall with a maximum City Council Minutes Regular Meeting — April 10, 2018 5 sign of 70 square ft. which is consistent with the commercial zone. The proposed amendment has several lighting controls to minimize impact which include limited hours of operations (6:30 a.m. to 8:00 p.m.). It would only be allowed to change every 10 seconds with no audio output allowed and must contain light sensors to automatically adjust the light to ambient lighting levels. This item was considered in the Planning Commission meeting of March 7, and based on the Planning Commission's review they concluded to recommended approval by the City Council. Council Member Vasquez inquired if OLPH was informed of the proposed ordinance changes. Mr. Blumenthal confirmed they were. Council Member Vasquez inquired if lighting would be allowed on the monument signage. Mr. Blumenthal explained it would be allowed but without shining the light out to illuminate the property. Council Member Vasquez asked why no lighting was to be allowed on the walls. Mr. Blumenthal explained it would not be allowed on walls because the signs will be located in residential zones. Council Saab asked if the City would have any input on the design of the signs. Mr. Blumenthal stated the design would be determined by the school as long as they met the height and allowances requirements. Mr. Blumenthal clarified the Planning Commission will review the design and approve if it is consistent with the architecture of the building. Council Member Vasquez asked if this would also impact churches and how many schools would be impacted. Mr. Blumenthal stated churches have their own sign code allowances; and, clarified five to six schools would be affected by the change. Council Member Vasquez asked if lighting would be allowed during evening events. Mr. Blumenthal stated there is no concern as long as it is not past 8 p.m. Mayor Ashton opened for public comment at 8:22 p.m. Having no one come forward, Mayor Ashton closed public comment at 8:22 p.m. It was moved by Council Member Saab seconded by Council Member Vasquez and carried 4-0- 0, with Mayor Pro Tem Rodriguez excused to introduce an ordinance of the City Council of the City of Downey adding Section 9620.05 to Chapter 6 of Article IX of the Downey Municipal Code regarding signage for private, primary education (K-12) schools located within residential zones. NON AGENDA PUBLIC COMMENT Mayor Ashton opened non agenda public comment. John Paul Drayer, resident, commented regarding the School Board election at the same time as the presidential primary elections. John Lacey, quoted a poem from Emily Dickinson. Having no one else come forward, Mayor Ashton closed public comment. CONSENT CALENDAR Mayor Ashton abstained from Item No. 6 due to proximity of his residential property. Council Member Saab pulled Item No. 9, for separate discussion. Mayor Ashton asked if there was anyone present who would like to comment on Consent Calendar items. City Council Minutes Regular Meeting — April 10, 2018 6 Having no one come forward, Mayor Ashton closed public comment. It was moved by Council Member Saab seconded by Council Member Vasquez and carried 4-0- 0, with Mayor Pro Tem Rodriguez absent; Mayor Ashton abstaining from Item No. 6; and, Council Member Saab pulling Item No. 9, to approve the remainder of the Consent Calendar. 3. APPROVED MINUTES: Special Meeting and Regular Meeting of March 27, 2018: City Clerk. 4. WARRANTS ISSUED: Warrant Nos. 322461 — 322843; Payroll Wire Nos. 30003729, 30003736 — 30003737 and 30003739 — 30003740; Manual Wire Nos. 1681 — 1684; and, Cashier's Check numbers are 113 — 114 in the total amount of $ 3,498,662.96: Finance. 5. ACCEPTED THE IMPERIAL HWY. TRAFFIC SIGNAL COMMUNICATION SYSTEM, AND UPGRADES PROJECT FROM OLD RIVER SCHOOL RD. TO THE EAST CITY LIMIT AS COMPLETE; APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $490,374.77; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO.14-17): Public Works. 6. AWARDED CONSTRUCTION CONTRACT IN THE AMOUNT OF $228,212.60 TO DOUG MARTIN CONTRACTING COMPANY, INC. FOR THE SLURRY SEAL PROJECT DISTRICT 2; AUTHORIZED THE PUBLIC WORKS DIRECTOR TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK FOR THIS PROJECT DEEMED NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT 18-03): Public Works. 7. ADOPTED RESOLUTION NO. 18-7795, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE LIST OF PROJECTS IN THE PROPOSED FY 18-19 CAPITAL IMPROVEMENT PROGRAM TO BE FUNDED BY SENATE BILL 1 (SB1), THE ROAD REPAIR AND ACCOUNTABILITY ACT: Public Works. 8. ADOPTED RESOLUTION NO. 18-7796, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE CLASSIFICATION SPECIFICATION AND ESTABLISHING COMPENSATION FOR THE POSITION OF ASSOCIATE CIVIL ENGINEER -UTILITIES: Human Resources. 10. REVISED THE CITY COUNCIL INTER -GOVERNMENT COMMITTEE ASSIGNMENTS FOR THE 2018 APPOINTMENTS OF THE LOS ANGELES COMMUNITY CHOICE ENERGY AUTHORITY (LACCE): Mayor Ashton & Council Member Saab. OTHER BUSINESS 9. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A LEASE BETWEEN THE CITY OF DOWNEY AND PLAZA DE LA RAZA CHILD DEVELOPMENT SERVICES, INC.: Community Development. Council Member Saab mentioned he was initially concerned about the 15 year lease and asked the City Attorney for clarification regarding the 30 -day opt out. City Attorney Abich Garcia confirmed either party could opt out of the agreement with a 30 -day notice. Council Member Saab asked what would happen to the playground equipment should there be a 30 -day opt out situation. City Attorney Abich Garcia explained the only option the City would have to keep the playground equipment is if after the 15 year lease agreement the Plaza De La Raza does not renew the agreement, otherwise if the agreement is terminated early they would take the equipment. City Council Minutes Regular Meeting — April 10, 2018 7 Council Member Saab inquired about the value of the playground equipment. Director Schindler explained staff does not have that information because the equipment has not been acquired. He mentioned in speaking to Plaza De La Raza, they do not have the capacity to remove the equipment so it would most likely stay at the end of the lease. Council Member Saab asked where the playground equipment would be located. Director Schindler explained it would be situated in front the offices near the bocce ball court area. Council Member Saab asked if it would impede the access to the bocce ball court. Director Schindler said it will not affect access to the ball court. Council Member Saab asked if the playground equipment would be available to the residents. Director Schindler stated it will be available year round after Plaza de La Raza operating hours which is Monday through Friday after 5:30 p.m. and on the weekends and holidays. Council Member Saab inquired if the fence would be unlocked and would there be lighting. Director Schindler said the fence will be unlocked at all times. Director Passow explained there is no specific lighting for that area and lighting would be affected by the hour of the day. Council Member Pacheco asked if there would be any time period where it would be closed to the public. Director Schindler stated it would only be closed during hours of operation. Director Passow explained there is gate access by opening the fence during non-operating hours and anyone can freely walk through. Council Member Saab asked if the equipment was meant for younger children. Director Passow stated that was correct. Council Member Saab inquired if the playground was ADA compliant. Director Passow stated it would have to meet the same standards as City playgrounds. Mayor Ashton opened this item for public comment. Having no one come forward, Mayor Ashton closed public comment. Council Saab asked if new signage would be posted and where signage is located now. Director Passow stated signage for Plaza de La Raza is located at the door and gates. Don Leibowitz, Project Manager for Plaza De La Raza, explained if the approval of the lease agreement is postponed tonight they will lose federal funding and will not be able to make the improvements. He stated the fence would be altered per City standards and the playground equipment would be left behind if they were to leave. Council Member Saab inquired if there would be additional signage posted. Director Schindler stated there are no plans for additional signage. Council Member Vasquez asked City Attorney Abich Garcia for clarification regarding provision 3.2 of the lease agreement. He asked if the lease agreement is terminated by the City would there be any legal penalties for early termination. City Attorney Abich Garcia stated the agreement allowed the City to terminate the lease with the required short notice as indicated without cause. It was moved by Council Member Saab seconded by Mayor Ashton and carried 4-0-0, With Mayor Pro Tem Rodriguez excused to introduce an Ordinance of the City Council of the City of Downey approving a lease between the City of Downey and Plaza de La Raza Child Development Services, Inc. City Council Minutes Regular Meeting — April 10, 2018 8 ADMINISTRATIVE REPORTS: None. STAFF MEMBER COMMENTS City Manager divas commented regarding the City's ongoing commitment to encourage innovative thinking and mentioned City staff will participate in a yearlong International City Management Webinar training focused on Entrepreneurial Solutions for Government Challenges. He congratulated Cindi Barahona for her promotion within the City Clerk's Office and Monica Ortiz from Parks and Recreation who will be installed as President of District 10 of California Parks and Recreation Society. He said he was proud of Monica's hard work, leadership, and ethical standards. /_1B319111 7111 RT1114i!1 Mayor Ashton adjourned the regular City Council meeting at 8:43 p.m. in memory of York City Fire Department Firefighters Ivan Flanscha and Zachary Anthony who died in the line of duty; New York City Fire Department Firefighter Michael Davidson who died in the line of duty; Jaelynn Willey, 16, victim of the shooting in Great Mills High School in Maryland; and, John Norwood, Retired Fire Engineer for the Downey Fire Department. MARIA ALICIA DUARTE, CMC RICK RODRIGUEZ City Clerk Mayor City Council Minutes Regular Meeting — April 10, 2018 9