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HomeMy WebLinkAboutMinutes 07-10-18 Regular MeetingMINUTES OF CITY COUNCIL OF OF DOWNEY REGULAR MEETING JULY 10, 2018 The City Council of the City of Downey held a Regular City Council Meeting on July 10, 2018, at 6:36 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 Carl Charles, Chief of Police Mark Gillaspie, Fire Chief Delfino Consunji, Public Works Director Pamela Passow, Parks & Recreation Director Anil Gandhy, Finance Director Alicia Duarte, CMC, City Clerk (excused) The Invocation was delivered by Pastor Saul Montiel, Downey United Methodist. The Pledge of Allegiance was led by Boy Scouts Troop #2. COUNCILiUNCEMENTS; REQUESTS FOR CONFERENCEIMEETING REPORTS Council Member Pacheco welcomed the audience to the meeting. She hoped everyone enjoyed a happy 4th of July holiday with their family and friends. She acknowledged Ivan Sulic, Michael Calvert and, members of Courage Forward in the audience. She reported attending the Chamber of Commerce Board Installation and the Downey Symphony 60th Celebration. She announced upcoming events: Summer Concerts in the Park with Suave the Band, Downey Lions Club Installation and Awards Banquet; Citizenship Clinic at the Barbara J. Riley Center; Friends of the Downey Library Fundraiser; and next week's Summer Concert in the Park with the Downey Symphony. Council Member Vasquez announced the Summer Concerts at Park series. He reported attending a healthcare symposium panel in which they discussed the state of healthcare including the shortage of nurses. He commented on the shortages in healthcare careers. He commented on the importance of being involved in the local Chamber of Commerce to keep informed. Mayor Pro Tem Rodriguez acknowledged members of the American Legion in the audience. He commented regarding the illegal fireworks being lighted on the 4th of July and the disturbance they caused. He eluted to a fire incident that occurred on the 4th of July where residents in a convalescent home had to be evacuated. He requested staff research and discuss taking a more aggressive stand on how to address illegal fireworks prior to next year's holiday. City Manager Livas stated he has worked with Police and Fire regarding the issue of illegal fireworks in the past and would like to obtain clear direction from the Council and what they would like to see. In staff's opinion he suggests the only way to address this issue is to ban fireworks completely City Council Minutes Regular Meeting — July 10, 2018 in the City because it is very difficult to determine where illegal and legal fireworks are being lighted. He reminded the Council that banning fireworks would pose an issue to the non -profits who use fireworks sales as revenue. He informed the Council staff will look at alternatives to present to them. Mayor Pro Tem Rodriguez reported attending a meeting in Santa Monica hosted by Los Angeles Mayor Garcetti regarding forced housing being imposed by the State of California. He mentioned the Mayor of Santa Monica boasted about a 50 unit complex that was built with no parking requirements. He mentioned this is a concern being forced by the State onto cities. He reported being a guest speaker at a Los Angeles Church and was excited to announce he was appointed by Supervisor Janice Hahn to serve on the Los Angeles County Oversight Board. He reported attending the third Clergy Council meeting where they discussed sex trafficking and run away issues with Coast to Coast and local churches. They also discussed the idea of adopting a block to assist seniors and residents in need all with the help of volunteers. Lastly, he reported attending the Gangs Our of Downey meeting and reminded the audience that joining Gangs Out of Downey is a great opportunity to volunteer in the community. City Manager Livas announced and introduced the hiring of two new Department Heads, Michael Harary, Director of Human Resources and Delfino Consunji, Director of Public Works. He welcomed the new Directors to the City of Downey. Mayor Ashton announced there are two cooling centers in the City of Downey located at the Library and Barbara J. Riley Center. He asked those in the audience to spread the word for those residents in need of visiting cooling centers. He reported attending the League of California Cities Advanced Leadership and Executive Forum for Mayors and Council Members. He reported on the session regarding youth leadership and commission participation in the City. He also reported on a session regarding finance and the budget. He requested in the future departments identify what Council goal each agenda report meets in the staff report. He commented on his concern with the illegal fireworks and thanked the Mayor Pro Tem for his request regarding different alternatives to address the issue of illegal fireworks. He thanked the Police and Fire Departments for their plan and execution in addressing the illegal fireworks but agrees this issue still needs to be studied and addressed. 1. Mayor Ashton presented the Mayor's Downey DNA Award to Jeannie Wood. 2. Mayor Ashton presented the Mayor's Hero of the Meeting Award to Sanford Jenkins. 3. Mayor Pro Tem Rodriguez presented a Certificate of Appointment to Dorothy Pemberton, Recreation & Community Services Commission, District 3. 4. Mayor Ashton with assistance from Director Passow presented a Proclamation in honor of "Parks Make Life Better" Month to the Parks & Recreation staff. RECESS/RECONVENE Mayor Ashton recessed the City Council meeting at 7:15 p.m. Mayor Ashton reconvened the City Council meeting at 7:23 p.m. CONSENT CALENDAR Mayor Ashton took this item out of order. Council Member Vasquez pulled Item No. 13 for separate discussion. City Council Minutes Regular Meeting — July 10, 2018 2 Council Member Pacheco pulled Item No. 7 for separate discussion and abstained from Item No. 5 due to the proximity to her residence. Mayor Ashton opened this item for public comment. Having no one come forward, Mayor Ashton closed public comment. It was moved by Mayor Pro Tem Rodriguez, seconded by Council Member Vasquez and carried 4-0-0, with Council Member Saab excused, Council Member Vasquez pulling Item No. 13; and, Council Member Pacheco abstaining from Item No. 5 and pulling Item No. 7, to approve the remainder of the Consent Calendar. 3. APPROVED MINUTES: Special and Regular Meetings of June 26, 2018: City Clerk. 4. WARRANTS ISSUED: Warrant Nos. 324944 — 325299; and, Manual Wire number is 1708 — 1710; in the total amount of $2,404,978.15: Finance. ' r l • • • • • 1 it • • •: r • r 1' r l • •• r i' r • 1 1 • •' r i• i r • r ' • ` • i f a a 1 r 1-191 i •MUNI ' • r • • • • is •• r • r 1 r T S. APPROVED AN OPTION TO LEASE AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES 1, THE CITY OF DOWNEY, FOR THE DESIGN AND CONSTRUCTION • i_ A NEW MULTI-PURPOSE`••TS COMPLEX FACILITY LOCATED AT 7631 AND 7651 GARDENDALE ST. WITHIN THE LOS ANGELES COUNTY• LOS AMIGOS• r AUTHORIZED THE MAYOR TO SIGN THE OPTION TO LEASE AGREEMENT: Community Development. 11. AUTHORIZED THE MAYOR TO EXECUTE AN AGREEMENT WITH GLOBAL TO PROVIDE TRAINING SERVICES FOR • •PROGRAM: Recreation. City Council Minutes Regular Meeting — July 10, 2018 3 14. ADOPTED RESOLUTION NO. 18-7826, A RESOLUTION OF THE CITY COUNCIL OF THE T . OF DOWNEY APPROVING-- r - •- r r; -• s, 00 r AUTHORIZING THE CITY MANAG• EXECUTE PROGRAM•; TH AGENCY -STATE MASTER AGREEMENT FOR VARIOUS STATE -FUNDED PROJECTS: Publ r • I' r • • • • • • • • i i •: • • r • • i r r' i ' • - 16. ADOPTED•' r • ORDINANCE OF i OF THE CI OF DOWNEY APPROVING AN AGREEMENT BETWEEN THE CITY OF DOWNEY AND AL CITY MANAGEMENT SERVICES, INC. FOR • r Police. 17. ADOPTED ORDINANCE NO. 18-1397, AN ORDINANCE OF THE CITY COUNCIL OF THE CI OF DOWNEY ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AMENDING - iUS SECTIONS OF - OF •r r, AMENDING • TO ESTABLISH A NEW BIOMEDICALOVERLAY ZON Community Development. 18. APPROVED • OF • THE SOUTHEAST• - • RC DEVELOPMENT BOARD A • r AS THE CITY OF r• Mayor Pro Tern Rodriguez. ., AUTHORIZED CLOSURE INTERSECTIONOF ., DRIVE r; 3 RD STREET FOR THE CITY OF r•WNEY'S 6 TH ANNUAL NATIONAL NIGHT OUT • TUESDAY, Police. Council Member Pacheco requested additional information regarding the vehicles that will be obtained and the maximum dollar amount. City Manager Livas clarified the dollar amount is the maximum amount and the vehicles being acquired are Ford Explorers. Chief Charles stated the vehicles had been priced out and the amount would be close to or exactly the amount being appropriated. He clarified the price includes all equipment for the vehicles and the computer. City Council Minutes Regular Meeting - July 10, 2018 4 Council Member Vasquez asked if this is the usual amount spent on a purchase of a vehicle. Chief Charles said yes and mentioned this expense is included in the budget. Council Member Vasquez recalled this was discussed during the Budget Subcommittee meeting Mayor Ashton opened this item for public comment. Having no one come forward, Mayor Ashton closed public comment. It was moved by Council Member Pacheco, seconded by Mayor Pro Tem Rodriguez and approved 4-0-0, with Council Member Saab excused to appropriate $514,500 from Measure S Funds to purchase seven (7) replacement police patrol vehicles and authorize procurement of the vehicles through an informal bid process. 13. APPROVED i • iNATIONWI ENVIRONMENTAL SERVICESs, DIVISION OF • D FORMED SUBCOMMITTEE RELATEDCLEANING AND SERVICES • 1 • • :s • COUNCIL:THE CITY Administration. Council Member Vasquez and Council Member Pacheco requested to serve on Street Sweeping and Catch Basin Cleaning Subcommittee. Mayor Ashton opened this item for public comment. Having no one else come forward, Mayor Ashton closed public comment. It was moved by Mayor Pro Tem Rodriguez, seconded by Council Member Vasquez and carried 4-0-0, with Council Member Saab excused to approve a Month -To -Month Service Agreement with Nationwide Environmental Services a Division of Joe's Sweeping, Inc.; and, form a Subcommittee to evaluate the City's Street Sweeping, Catch Basin Cleaning and related services Program and appoint Council Members Vasquez and Pacheco to serve on the Subcommittee. 8. ADOPT RESOLUTIONNO. 18-7828, A RESOLUTIONOF • OF OF DOWNEY DESIGNATING VOTING DELEGATE AND ALTERNATIVE(S) FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE,iLONG BEACH: Aduinistration. Mayor Ashton thanked his Council colleagues for nominating and entrusting him with being the voting delegate at last year's League of California Cities Annual Conference. This year he stated he would like to nominate Council Member Pacheco as the voting delegate and Mayor Pro Tem Rodriguez as the Alternate Delegate. Mayor Ashton opened this item for public comment. Having no one come forward, Mayor Ashton closed public comment. It was moved by Mayor Ashton, seconded by Council Member Vasquez and approved 4-0-0, with Council Member Saab excused to adopt Resolution No. 18-7828, a Resolution of the City Council of the City of Downey designating voting delegate and alternative(s) for League of California Cities Annual Conference. City Council Minutes Regular Meeting — July 10, 2018 5 Mayor Ashton took this item out of order. l• - r - • • • • •r • • • •- r • r r• - r - • • • • • s • • • - • - • Mayor Ashton opened the Public Hearing at 7:31 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Vasquez, seconded by Mayor Pro Tem Rodriguez and so ordered by the Mayor to receive and file. City Clerk Duarte noted no correspondence was received. The staff report was provided by Captain Dean Milligan. The Police Department impounds approximately 13,000 vehicles per year. They are typically impounded due to parking in no stopping zones, expired registration over six months, unpaid parking citations, during driver arrests, or for vehicle involvement in evidence of a crime. In June 20, 2015, the City Council approved the three year agreements with United Towing Services Inc. and Titan Transportation, Inc. which ended June 30, 2018. In May of 2018, the City sent out Requests for Proposals for towing and storage services. Only two companies responded to the Requests for Proposal by the due date, those were United Towing Inc. and Titan Transportation, Inc. Subsequently, the Police Management rated and ranked the proposals submitted. Based on the Police Department's experience with both companies it is known they both have timely responses to traffic collision impound requests; crime scene investigations and towing services for City vehicles. This level of service has been critical to the Police Department's level of effectiveness and is essential to providing a professional level of service to the City of Downey residents. Accordingly, the Police Department recommends the City Council approves the towing and storage services agreements with United Towing, Inc. and Titan Transportation, Inc. Mayor Pro Tem Rodriguez asked why the towing and storing services agreement is split between two companies. Captain Milligan explained it is good to have a back up to fill in. If one company is involved in a specific traffic incident and is not available to respond the other company is readily available to assist. He added the two companies rotate on a weekly basis. Mayor Ashton opened this item for public comment at 7:34 p.m. Fontana St. resident, no name provided, commented regarding a concern with the towing of a vehicle parked on her private street that was not towed by Titan Transportation, Inc. when she called to report it. Chief Charles stated Police will discuss this with the towing company as Fontana St. should be treated like a private parking lot. Having no one else come forward, Mayor Ashton closed public comment at 7:39 p.m. It was moved by Council Member Vasquez, seconded by Council Member Pacheco and carried 4-0-0, with Council Member Saab excused to adopt Resolution No. 18-7823, a Resolution of the City Council of the City of Downey approving a Franchise Agreement for Towing and Storage Services with United Towing Services, Inc. City Council Minutes Regular Meeting — July 10, 2018 6 It was moved by Council Member Vasquez, seconded by Council Member Pacheco and carried 4-0-0, with Council Member Saab excused to adopt Resolution No. 18-7824, a Resolution of the City Council of the City of Downey approving a Franchise Agreement for Towing and Storage Services with Titan Transportation, Inc. r• r r r • r- • -•• • r r i r• . r -.. - ADOPT RESOLUTION NO. 18-7825, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING A GENERAL PLAN AMENDMENTAND ZONE CHANGE, A REQUEST TO AMEND THE GENERAL PLAN LAND USE DESIGNATION TO LOW-MEDIUDENSITY RESIDENTIALAND REZONE TO (TWO-FAMILY RESIDENTIAL) Mayor Ashton opened the Public Hearing at 7:41 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Vasquez, seconded by Mayor Pro Tem Rodriguez and so ordered by the Mayor to receive and file. City Clerk Duarte noted no correspondence was received. David Blumenthal, City Planner provided the staff report. The subject site consists of two parcels that are located on the west side of Downey Ave., south of Florence Ave. The two parcels have a combined total size of 36,000 square feet and are each improved with a single-family residence. While both parcels have a General Plan Land Use Designation of Low Density Residential, the 10221 Downey Ave. is zoned C -P (Professional Office) and 10303 Downey Ave. is zoned R-3 (Multiple -Family Residential). Under the current General Plan Land Use Designation and Zoning, the property owner can maintain the two homes that exist on the properties. The residence that is located on 10303 Downey Ave. could be expanded; however, the residence at 10221 Downey Ave. is non -conforming and would not be permitted to expand. The applicant has requested to change the General Plan Land Use Designation to Low -Medium Density Residential and rezone the properties to R-2 (Two -Family Residential). While no development application has been submitted, the applicant has indicated he intends to merge the two lots and develop the site with a residential development. Based on the allowances set forth in the R-2 zone, the maximum development potential for this site would be fourteen (14) units. The Zoning Code would limit the height to two -stories and would require 2.5 parking spaces per unit. The Planning Commission conducted a duly noticed public hearing on May 2, 2018, to consider the proposed General Plan Amendments and Zone Changes. Although Staff recommended approval of the request, after public comment and deliberation, the Planning Commission voted to recommend denial of the request. At the conclusion of the hearing, the Planning Commission asked staff to bring back a resolution of denial for their consideration. On June 6, 2018, the Commission adopted Resolution No. 18-3056, by a 4-0-1 vote with Chairman Owens being absent, thereby recommending denial of the General Plan Amendments and Zone Changes to the City Council. Council Member Vasquez asked the basis for the Planning Commission denying the request. Mr. Blumenthal explained the Planning Commission did not feel anything has changed since the Comprehensive Update of the General Plan in 2005, in the area to support changing the General Plan to higher density. City staff's recommendation to the Planning Commission was to change the general plan and zoning. Mayor Ashton asked what staff based their recommendation on. Mr. Blumenthal stated City staff felt it was appropriate to increase the density on the property. The area to the south of the property is R3 zoned and staff felt allowing the R2 zone is more consistent with what is in the area. Council Member Vasquez asked if there were any line of sight challenges with what is being proposed. Mr. Blumenthal stated no. City Council Minutes Regular Meeting — July 10, 2018 7 Mayor Pro Tem Rodriguez commented and said the Council wants to progressively move the City along and when staff presents a recommendation to the City Council, he trusts in their recommendation because they are the professionals and have done their due diligence and research. He asked Mr. Blumenthal or City Manager Livas to provide a brief explanation to the audience and the Council Members about the current situation with the State and what the State wants to enforce. City Manager Livas explained cities are feeling the pressure from the State as it relates to increasing housing. He said currently there is a supply of three months of available housing. There are no less than 19 bills at the State level that require the City to reduce parking requirements and streamline multi -family housing approvals without local control at all. At the same time there is a regional housing needs assessment that the City is obligated to perform that shows that the City will meet the State's housing shortage. The City must demonstrate that it will meet a housing shortage at some capacity through its housing element and other documents the Planning Commission and City approves. The City can lose funding if it does not comply with the State's housing rules. The City is in a very difficult predicament. The City would like to keep the density low and make sure people have the ability to park but the pressure from the State says the City must increase their housing stock or it will lose funding for various activities. He commented regarding SB35 which streamlines multi -family housing and removes local control; and, SB31 which requires approval of additional dwelling units in any neighborhood without any additional parking requirements. He clarified it is not that the City wants to increase density but also wants to do it in a responsible manner. He said it is difficult not only for the Planning Commission but also for the City Council. Mayor Ashton opened for public comment at 7:49 p.m. Don Jervis, Developer, thanked the Planning staff for the presentation and the work regarding this item. He commented regarding the current zoning designation of the properties and planned design of the buildings. He asked for Council's support in approving the amendment to the General Plan and rezoning of the property. Resident, no name provided, commented in regards to parking issues on Downey Ave. Daniel Jimenez, resident, commented in opposition of amending the General Plan and rezoning the properties. He also talked about parking and speeding issues in the area. Teresa Pulido, resident, commented in favor of amending the General Plan and rezoning of the properties. Patricia Galasar, resident, commented in opposition of amending the General Plan and rezoning the properties. She also talked about traffic issues and speeding in the area. Anabel Zibala, resident, commented in favor of amending the General Plan and rezoning of the properties. Resident, commented in favor of amending the General Plan and rezoning of the properties. Having no one else come forward, Mayor Ashton closed public comment at 8:07 p.m. Mayor Pro Tem Rodriguez requested Public Works staff research installing a solar power speed indicator on La Reina between Florence Ave. and 4t" St. He requested Chief Charles assign officers to monitor speeding in the area. He commented regarding parking issues due to high density in the area and said the developer is required to provide 2 '/2 parking spaces per unit. He mentioned the school district has had to lay off teachers due to the decrease in student enrollment. Council Member Vasquez thanked the residents who provided their comments. He commented in regards to the decrease in school enrollment not only in Downey but nationwide. He commented City Council Minutes Regular Meeting — July 10, 2018 8 regarding parking issues on La Reina and explained the parking requirements in place now are not the same as they were in the 1950's when the apartments in the proposed are were built. He mentioned it is unfair to base the parking issues in the area on the proposed project and suggested residents contact Sacramento in regards to the requirements forced onto to cities to increase housing. Council Member Pacheco commented in regards to the decrease in school enrollment at Downey High School. She asked for clarification regarding the zoning of the properties in question. City Manager Livas explained one of the properties is zoned R3 and the other is zoned CP. Development is subject to the size of the lot and can be up to three stories high and both of these properties can potentially have line of sight issues. Council Member Pacheco asked what the height allowance for CP zoning. Mr. Blumenthal stated CP zoning allows a 5 story structure which is 75 ft. tall. He clarified the General Plan is a limiting factor on these two properties. Under the current General Plan the R3 property would only be limited to a single story house which is a two story home and the existing house that sits on the CP property would only be allowed to remain. The property at 10303 Downey Ave. would be allowed a two story house built 20 ft. away from the existing properties on La Reina. Council Member Pacheco commented regarding the parking issues throughout the City. She thanked the residents for coming to the meeting to express their concerns and said her take on this item is to deny the applicant's request. Mayor Ashton commented regarding his concern of the parking situation for the proposed project area due to parking requirements in place during the time the apartment buildings were built. He commented regarding the difficult decision Council has to make because of the State's mandate for increased housing and the residents' opposition to higher density. He asked City staff how many parking spaces are being proposed per unit. Mr. Blumenthal stated if approved by Council the developer will need to provide 2 'h parking spaces per unit. Council Member Vasquez asked City Attorney Abich Garcia if this would jeopardize the City's General Plan or Housing update. City Attorney Abich Garcia said this would not jeopardize the updates and she sees no legal issue in that regard. Council Member Vasquez asked City Manager Livas when the City last reviewed their parking requirements. City Manager Livas said they were reviewed the last time there was a General Plan update. He said the current standard requirement is 2'/Z parking spaces per unit and the City is dealing with meeting the goal to create more housing. He reiterated the majority of the homes in the City were built in the 1950's when there was one vehicle per family and families now own three to four vehicles. He said no one wants more housing built in their area no matter where it is within the City. He advised the Council no matter how they decide to vote tonight the parking and housing issues will not go away, even with modifying parking requirements. Council Member Pacheco asked what the legal consequences are if Council denies the request. City Attorney Abich Garcia said if the request is denied the applicant can explore his legal options and challenge the City's decision. Council Member Vasquez asked Director Schindler asked if there are any similar projects that have been denied or approved with similar findings. Director Schindler said not in terms of amending the General Plan and rezoning. He said there are interests in other parts of town where the lots are larger in size and more units can be built. He said they will continue to field those requests as long as there is a demand. City Attorney Abich Garcia clarified the motion will be to approve the General Plan amendment and zone change and direct staff to return with a resolution of approval at the next regular meeting. City Council Minutes Regular Meeting — July 10, 2018 9 It was moved by Council Member Vasquez, seconded by Mayor Ashton and approved 3-1-0 with Council Member Pacheco voting no and Council Member Saab excused to approve the General Plan amendment and zone change and direct staff to return with a resolution of approval at the next regular meeting. Mayor Ashton took this item out of order. Keith Jacobs, resident, commented against illegal fireworks. Mayor Ashton requested a brief report on the Police Departments activity on the 4th of July. Chief Charles reported the department deployed about three-quarters of their force on the 4`h of July; and, issued approximately 54 citations for lighting of illegal fireworks. Edward Fogard, Member of the American Legion Post #723, commented regarding the closure of the American Legion facility. Adam Castillo, Member of the American Legion Post #723, commented regarding the closure of the American Legion facility. Juan Gonzalez, member of American Legion Post, commented regarding the closure of the American Legion facility. Ray Guard, Post Commander #270 for Downey and District #19 Commander, commented regarding the closure of the American Legion facility. He asked the Council to assist Post #723 in keeping their charter. Resident, Courage Forward Member, commented regarding a peaceful resolution with American Legion Post #723. John Lacey, resident, stated he would like to take a moment to acknowledge, honor and thank anyone in the room who has served in the armed services. Mayor Ashton adjourned the regular City Council meeting at 8:45 p.m. in memory of Vincent Paul Abbott, 59, former drummer and co-founder of the heavy metal band Pantera; New York State Trooper, Nicholas Clark, 29, killed in the line of duty; Cpl. Joseph Maciel of South Gate, 20, who was supporting Operation Freedom's Sentinel; and Thai Navy SEAL Sgt. Saman Kunan, 38, who perished while working to rescue boys trapped in a cave in Mae Sai, Thailand. A A ALICIA DUAR E, CMC City Clerk City Council Minutes Regular Meeting — July 10, 2018 10 RACK DRIGUEZ r