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HomeMy WebLinkAbout01. Minutes - 05-14-19 - Regular MeetingCity Council Minutes Regular Meeting – May 14, 2019 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING MAY 14, 2019 The City Council of the City of Downey held a Regular City Council Meeting on May 14, 2019, at 6:32 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Rodriguez presiding. PRESENT: Council Members: Rick Rodriguez Mayor Blanca Pacheco Mayor Pro Tem Sean Ashton Council Member Claudia M. Frometa Council Member Alex Saab Council Member ALSO PRESENT: 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 Aldo Schindler, Community Development Director Anil Gandhy, Finance Director Alicia Duarte, CMC, City Clerk The Invocation was delivered by Tina Galvez. The Pledge of Allegiance was led by Ethan Alexander. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE/MEETING REPORTS Council Member Saab welcomed the audience to the meeting. He recognized Commissioner Nolveris Frometa, Michael Calvert, Roy Beard, and Dr. Connie Quintero in the audience. He commented on KTLA’s Gail on the Go report highlighting the Columbia Memorial Space Center’s exhibit of W omen in Apollo; and, thanked Director Dickow and the Council Members that were in attendance. He announced the upcoming event Coffee with a Cop at Starbucks on Imperial Blvd. and Paramount Blvd. and encouraged the audience to attend with their children. He commented regarding the tragedy on the news that occurred last week on Paramount Blvd. and on the best of humanity, how various Police Departments throughout the Southeast Los Angeles County area united to assist. He announced the upcoming Memorial Day event hosted by the Cemetery Trustee Board on Gardendale St. and Lakewood Blvd. He recognized Lupe Rodriguez, First Lady of the City, in the audience. Council Member Frometa welcomed the audience to the meeting. She commented regarding the various Measure S Construction Projects throughout the City. She recognized Lupe Rodriguez, Commissioner Nolveris Frometa, and Roy Beard in the audience. She reported attending the Downey One Day of Service, Ricky Galvez Scholarship Gala, Downey Street Fair, Assistance League of Downey Spring Tea and Fashion Show, Downey Coordinating Council Volunteer Gala. She announced upcoming events: Downey Foundation for Educational Opportunities year end concerts at the Downey Theatre in May; Girls on Fire Summer Program from July 29th thru 31st at the Downey Theatre for girls in 6th through 12th grade. The program is free and will focus on mental health awareness, physical health, and self-esteem. City Council Minutes Regular Meeting – May 14, 2019 2 Council Member Ashton welcomed the audience to the meeting. He reported hosting the Coffee with your Council Member. He thanked Ted Bardacke, Executive Director of Clean Power Alliance, for attending and providing information to Downey residents regarding the new community choice aggregate electrical program. He reported attending Southern California Association of Governments General Assembly’s Regional Council Meeting in Palm Desert and reported on the Traffic Safety Leadership Symposium which discussed ways to improve safety standards; and, identified a few main causes of accidents which are distracted driving and speed. He announced upcoming events: Measure S Groundbreaking ceremony at Apollo Park and Dennis the Menace Park; and, Keep Downey Beautiful Clean Up event at Denny’s restaurant. Council Member Ashton requested staff create a subcommittee to work with the County of Los Angeles to discuss the potential future of the Los Padrinos Juvenille Hall site. Mayor Pro Tem Pacheco welcomed the audience to the meeting. She recognized Mariana Pacheco and Lupe Rodriguez in the audience. She wished all the mothers in the audience a Happy Mother’s Day. She acknowledged the Kiwanians in the audience. She reported attending the Downey One Day of Service and thanked Kiwanis Lieutenant Governor Eric Pierce for attending the event. She reported attending the Ricky Galvez Scholarship Gala and the KTLA’s Gail on the Go news coverage promoting Women of Apollo’s exhibit at the Columbia Memorial Space Center. She invited the audience to attend the opening of the exhibit at the Columbia Memorial Space Center on Saturday, May 18 at 10:30 a.m. to 12:30 p.m. She reported attending the Gangs Out of Downey Kids and Cops event; and, thanked Police Chief Milligan and the Police Officers that attended the event. She announced upcoming events: Girls on Fire Summer Program for all Middle School and High School students that reside in the City of Downey or attend a school in the City of Downey. Mayor Rodriguez thanked the audience for allowing him to sit in his seat on the Council. He reported attending the One Day of Service and announced that over 400 volunteers attended the event. He reported attending the National Day of Prayer and the Los Angeles County Fostering Home event. He stated that 490 adults attended the event and shared interest in adopting or fostering Downey children. He reported starting the Pathway to Success Initiative in High Schools to provide High School Seniors a chance to succeed. He reported hosting the Lunch with the Mayor for Downey Business Owners which included Downey Nissan; Dr. Fierro, CEO of Cerritos College; Cerritos College Foundation; Attorney Dennis Saab; and a group of people to help with internships and donations for scholarships. He recognized Downey Police Chief Milligan and the entire Downey Police Department for a professional job done during the incident last week. He announced that flags would be at half- staff in honor of the fallen police officers in recognition of Law Enforcement Week. PRESENTATIONS 1. Mayor Rodriguez with the assistance from Lt. Governor Eric Pierce presented the Mayor’s Servant Heart Award to Diana Mae Baliscao. 2. Mayor Rodriguez presented the Downey’s Finest Award to Kathleen van Raay. 3. Mayor Rodriguez with assistance from Fire Chief Gillaspie and Rakdy Khlok presented Certificates of Recognition to theTEEN Cert Participants. 4. Mayor Rodriguez presented a Proclamation in honor of Foster Care Awareness Month to Jennifer Lopez, Department of Children and Family Services. 5. Mayor Rodriguez presented a Proclamation in honor of American Public Works Week to Public Works Director Consunji and Deputy Director of Public Works Norris. 6. Mayor Rodriguez presented to City Clerk Duarte a Proclamation in honor of Municipal Clerk’s Week. City Council Minutes Regular Meeting – May 14, 2019 3 7. Presentation to the City Council from Eileen Arencibia on behalf of the Los Angeles County Office of Education GAIN Division. 8. Presentation to Mayor Rodriguez from Retired Master Sergeant Nelson Martinez in recognition of his dedication to the City of Downey, Men and Women in uniform and youth about to make career changes in their way of life by enlisting in the military service. RECESS/RECONVENE Mayor Rodriguez recessed the City Council meeting at 7:43 p.m. Mayor Rodriguez reconvened the City Council meeting at 7:51 p.m. PUBLIC HEARING: 1. FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP GRANTS FY 2019-20 ANNUAL ACTION PLAN: Community Development. 1) AUTHORIZED THE CITY MANAGER TO SUBMIT THE DOCUMENT AND THE REQUIRED CERTIFICATION TO THE U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND, 2) MODIFIED AND EXECUTED EACH AGREEMENT AND/OR CONTRACT RELATED TO THE IMPLEMENTATION AND ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP GRANT PROGRAM, INCLUDING THE SUBRECIPIENT GRANT AGREEMENTS BASED ON THE U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S APPROPRIATION TO THE CITY. Mayor Rodriguez opened the Public Hearing at 7:52 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Council Member Frometa, and so ordered by the Mayor 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 the brief history of the U.S. Department of Housing and Urban Development (HUD) which provides the City with its annual Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) funds. He reported on the public outreach conducted which included two Public Hearings, four community meetings, and the use of social media to encourage the community’s comments. The community’s main requests included assistance to seniors with the application process to reduce prescription drug costs; provide parenting classes to low and moderate income families; and, fund a first-time homebuyer’s program. Community Development Director Schindler reported that the City is required to prepare an Action Plan which serves as the City’s application for the CDBG and HOME grants that the City will receive a total of $1,504,596 in HUD grant funding during the fiscal year 2019-20, $1,064,459 in CDBG, and $440,137 in HOME funds. He provided information regarding the decrease of 0.56 percent or $5,954 funds for the CDBG allocation and the decrease of 4.77 percent or $22,065 for the HOME grant allocation. Additionally, staff anticipates program income from the repayment of home improvement loans and funds carrying over from the prior year resulting in a CDBG program year budget of $1,044,244 and HOME program year budget of $1,121,408. Community Development Director Schindler provided a list of proposed 2019-2020 Action Plan programs. Council Member Frometa thanked Community Development Director Schindler. City Council Minutes Regular Meeting – May 14, 2019 4 Mayor Rodriguez opened this item for public comment at 7:58 p.m. Armando Herman, resident, commented regarding the appropriation of funding and in opposition of the distribution of the HOME funding. Having no one else come forward, Mayor Rodriguez closed public comment at 8:04 p.m. It was moved by Council Member Saab, seconded by Council Member Frometa, and approved unanimously to approve the Federal Community Development Block Grant and Home Investment Partnership Grants FY 2019-20 Annual Action Plan. NON-AGENDA PUBLIC COMMENT Mayor Rodriguez opened the non-agenda public comment. Armando Herman, resident, commented regarding law enforcement, Ralph Brown (Act), and, suppression of free speech. Mary Lawry, Scott Rhodes, and Tina Hernandez, Downey High School Football Booster Club, commented on their concerns over the Circus Vargas permit for the same timeframe as their fundraiser; Circus Vargas’ encroachment on their egress route; and, City resources over the holiday weekend. They requested the City Council to continue their commitment to support the local program over an outside entity. Council Member Frometa requested some clarification regarding the evacuation locations and the approval process. Mary Lawry responded regarding the two locations designated for an emergency evacuation and the application was submitted on March 1, and they received approval on May 1, 2019. City Attorney Abich Garcia interjected by stating that the item is currently pending before the Planning Commission, and cautioned the City Council not to comment regarding the issue until the Planning Commission has made a decision. She reminded Council of the Appeal rights and any comments made tonight could disqualify the Council Member from hearing the Appeal. She invited the speakers to attend the Planning Commission meeting scheduled for May 15, 2019 to voice their concerns. Mary Beth Aves, resident, commented against the use of the residential home located at 12213 Gneiss Avenue, Downey as a group home. She stated her concerns regarding the lack of regulations over group homes, overcrowding, constant turnover, increased traffic, parking issues, noise issues, and an increase in crime in the neighborhood. Mayor Rodriguez requested the speaker to meet with Community Development Director Schindler. Anthony Wright, resident, commented regarding unpermitted modifications and construction at the home located at 12213 Gneiss Avenue, Downey. He expressed his concerns over the unwanted activity in his residential area. John Lacy commented regarding freedom of speech, caliber of language being used more stringently than before during the meetings, the exposure of children in the audience to the language, and requested the City use a disclaimer about the language to the audience. Having no one else come forward, Mayor Rodriguez closed public comment. City Council Minutes Regular Meeting – May 14, 2019 5 CONSENT CALENDAR Council Member Saab abstained from the July 10, 2018 minutes; and, Item No.6 due to the close proximity to his place of business. Council Member Frometa abstained from all minutes from 2018. Mayor Rodriguez abstained from the April 10, 2018 minutes; and, Item No. 6 due to the close proximity to his place of residence. Mayor Rodriguez asked if there was anyone present who would like to comment on Consent Calendar items. Armando Herman, resident, commented regarding Item Nos. 5, 6, 7, and 9; the Ralph M. Brown Act; and, Americans with Disabilities. Having no one else come forward, Mayor Rodriguez closed public comment. It was moved by Council Member Saab, seconded by Council Member Ashton and carried unanimously to approve the Consent Calendar with Council Member Saab abstaining from the July 10, 2018 minutes; and, Item No. 6 due to the close proximity to his place of residence; Council Member Frometa abstained from all minutes from 2018; and, Mayor Rodriguez abstained from the April 10, 2018 minutes; and, Item No. 6 due to the close proximity to his place of residence. 2. APPROVED MINUTES: Regular Meeting Minutes of April 10, 2018; July 10, 2018; October 23, 2018; November 13, 2018; April 23, 2019: City Clerk. 3. WARRANTS ISSUED: Warrant Nos. 333030 – 333554; Payroll Wire Nos. 30003867 and 30003872 – 30003874; and, Manual Wire Nos. 1836 – 1844, in the total amount of $4,104,243.91: Finance. 4. APPROVED THE PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR CONSTRUCTION BIDS FOR THE CIVIC CENTER DRIVE & 3RD STREET PAVEMENT REHABILITATION PROJECT (CAPITAL IMPROVEMENT PROJECT NO. 14-13): Public Works. 5. APPROVED THE SCOPE OF WORK AND RELATED SPECIFICATIONS AND AUTHORIZED SOLICITATION OF BIDS FOR THE WILDERNESS PARK PONDS RESTORATION PROJECT SPECIALTY CONTRACTS FOR WATER & SLUDGE REMOVAL (CIP NO. 15-21A) AND WILDLIFE RELOCATION (CIP NO. 15-21B): Administration. 6. APPROVED THE PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR CONSTRUCTION BIDS FOR FY 2018/19 SLURRY SEAL PROJECT DISTRICT 3 (CAPITAL IMPROVEMENT PROJECT NO. 19-12): Public Works. 7. REJECTED ALL BIDS RECEIVED FOR THE CITY LIBRARY MODERNIZATION PROJECT; AND, AUTHORIZED RE-SOLICITATION OF BIDS (CAPITAL IMPROVEMENT PROJECT NO. 19- 20): Administration. 8. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED IMPLEMENTATION OF THE MAINTENANCE PAD FOR FIRE TRUCKS PROJECT; AUTHORIZED THE CITY MANAGER TO EXECUTE CONTRACT AGREEMENTS; AND, AUTHORIZED THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK AS DEEMED NECESSARY UP TO THE APPROVED BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 19-37-01A): Public Works. City Council Minutes Regular Meeting – May 14, 2019 6 9. ACCEPTED THE POLICE STATION IMPROVEMENT PROJECT – NORTH PARKING LOT RECONSTRUCTION AS COMPLETED; APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $230,356; AND, AUTHORIZED THE NOTICE OF COMPLETION TO BE FILED WITH THE COUNTY OF LOS ANGELES RECORDER’S OFFICE (CAPITAL IMPROVEMENT PROJECT 19-38): Administration. 10. APPROPRIATED $1,000 FROM THE GENERAL FUND TO HOST A LUNCHEON FOR THE DOWNEY CARES COLLABORATIVE COMMITTEE IN RECOGNITION OF THEIR ONE YEAR ANNIVERSARY: Mayor Rodriguez. 11. APPROVED $60,000 FOR A FOUR YEAR PROJECT ($15,000 PER YEAR) TO UPDATE THE CITY’S EMERGENCY SHELTER SUPPLY BIN; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE PROJECT: Fire. 12. APPROVED THE UPDATED EMERGENCY OPERATIONS PLAN (EOP) WHICH OUTLINES THE CITY’S SUPPORT AND COORDINATION RESPONSE TO AN EMERGENCY, DISASTER OR EVENT; AND, AUTHORIZED THE EMERGENCY PREPAREDNESS PROGRAM MANAGER TO EXECUTE MINOR AMENDMENTS TO THE EMERGENCY OPERATION PLAN: Fire. 13. APPROVED THE DONATION OF ONE FOURSOME OF GOLF AT THE RIO HONDO GOLF COURSE IN SUPPORT OF THE DOWNEY CHAMBER OF COMMERCE: Mayor Rodriguez. 14. RATIFIED THE DONATION OF ONE FOURSOME OF GOLF AT THE RIO HONDO GOLF COURSE IN SUPPORT OF THE SOROPTIMIST INTERNATIONAL OF DOWNEY FUNDRAISER: Mayor Rodriguez. ADMINISTRATIVE REPORT: 15. INTRODUCED ORDINANCE NO. 19-______, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING DOWNEY MUNICIPAL CODE ARTICLE II, CHAPTER 1, SECTION 2105 REGULATING THE RULES OF CONDUCT FOR CITY COUNCIL MEETINGS AS THEY RELATE TO PUBLIC COMMENT: Mayor Rodriguez. City Attorney Abich Garcia presented the staff report for this item. She provided a brief history regarding the public comment period and presented the proposed changes to the ordinance would be to change the agenda format by consolidating the public comment period for the Consent Calendar and Administrative Reports items into one. She reported the recommendation the Non-Agenda public comment period be heard after the Administrative Reports. She stated the five minute time allotted a speaker would remain the same and Public Comments would still be taken during a Public Hearing. She confirmed the ordinance was written to allow the Mayor discretion to reopen public comments. Council Member Saab requested clarification regarding the authority to reopen public comment. City Attorney Abich Garcia confirmed the Mayor has the authority to reopen the public comment period or could be overruled by three Members of the City Council. Discussion ensured regarding the order in which the Non-Agenda Public Comments would appear on the agenda, prevention of negative public perception, and the amount of time the Presentations consume. City Attorney Abich Garcia addressed the City Council’s concerns by confirming the proposed Ordinance does not constrain the order in which Public Comments are placed on the Agenda and is written to allow for flexibility. She clarified that the current Ordinance is written with specific restrictions to the Non-Agenda Public Comments order on the Agenda and must be heard after Public Hearings. City Council Minutes Regular Meeting – May 14, 2019 7 Council Member Ashton commented in support of the consolidation of Consent Calendar and Administrative Reports public comment periods. He requested that the Non-Agenda Public Comments be placed on the Agenda immediately after the Agendized Public Comments to prevent a hardship on the public and negative perception. Council Member Saab expressed his opposition to the proposed ordinance. He provided comments on freedom of speech and the process related to reopen public comment period. Mayor Rodriguez stated the goal in changing the ordinance was to streamline the meeting process and create efficiency by consolidating the public comment periods. He agreed to reopen public comment at the Council’s request. Council Member Saab proposed reducing the amount of presentations and the possibility of limiting the number of presentations to only one meeting a month; and, he made referenced an email received from Bryan Hyman regarding the item. Council Member Ashton eluded to the amount of time that some surrounding City’s end their meetings. He questioned the legality of temporarily implementing the proposed changes in the ordinance. City Attorney Abich Garcia clarified that the public comment rules are specified in the current Ordinance and the Municipal Code does not allow for temporary change. She confirmed that the Ordinance would need to be amended in order to make any changes to the public comments rules. Mayor Rodriguez asked if there was anyone present who would like to comment on this item. Armando Herman, resident, commented in opposition to the item; and, commented in favor of limiting the amount of presentations. John Lacy commented in favor of reducing the amount of presentations, reducing the length of time allotted to a speaker, and suggested all public comments be heard at the beginning of the meeting. Eric Pierce, Editor of The Downey Patriot, commented regarding freedom of speech. He commented in favor of shortening the number of presentations. Having no one else come forward, Mayor Rodriguez closed public comment. City Clerk Duarte reported receipt of correspondence from Brian Heyman in opposition to the proposed ordinance. Discussion continued regarding the public’s opportunity to speak; modification of Council policy due to one person’s conduct; and, suggestions were made regarding the efficiency of the meeting. Assistant City Manager Oskoui suggested that the City Council continue the item so staff may incorporate the options presented by Council and return with specific examples clearly identifying timelines and time limits. Council Member Saab requested staff include the possibility of presentations moved to an earlier time. Council Member Ashton commented in opposition to presentations to an earlier time due to the possibility of time constraints on the recipients. City Council Minutes Regular Meeting – May 14, 2019 8 City Attorney Abich Garcia confirmed the presentations could be added to the Special Meeting Agenda at an earlier time. She clarified the motion to continue the item and return with options. It was moved by Council Member Ashton, seconded by Council Member Saab and carried unanimously to continue the item. STAFF MEMBER COMMENTS: Assistant City Manager Oskoui announced Public Works Employee Gus Andrade is on the path to a full recovery and would return to work soon. He thanked Fire personnel and Library personnel for a smooth transition during the move of the Fire Station Nos. 1 and 3; and, the Library to the temporary facilities. He announced the Groundbreaking ceremonies scheduled for May 15, 2019 at Apollo Park and Denise the Menace Park. He closed by thanking the Mayor and City Council for their support with the projects. ADJOURNMENT Mayor Rodriguez adjourned the Regular City Council meeting at 9:17 p.m. in memory of Lori Gilbert Kaye, victim of the synagogue shooting in Poway; Kendrick Castillo, victim of the shooting at STEM School Highlands Ranch, Colorado; Gurpreet Singh; and, Evangelina Estrella, mother of Ed Estrella, Public Works City Employee. MARIA ALICIA DUARTE, CMC RICK RODRIGUEZ City Clerk Mayor