HomeMy WebLinkAbout05b, Minutes - 05-28-19 - Regular MeetingCity Council Minutes
Regular Meeting – May 28, 2019 1
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
MAY 28, 2019
The City Council of the City of Downey held a Regular City Council Meeting on May 28, 2019, at
6:40 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 (excused)
Alex Saab Council Member
ALSO PRESENT: Gilbert Livas, City Manager
Yvette M. Abich Garcia, City Attorney
John Oskoui, Assistant City Manager
Vaniah De Rojas, Assistant to the City Manager
Dean Milligan, Chief of Police
Mark Gillaspie, Fire Chief
Delfino Consunji, Public Works Director
Pam Passow, Parks and Recreation Director
Aldo Schindler, Community Development Director
Anil Gandhy, Finance Director
Alicia Duarte, CMC, City Clerk
The Invocation was delivered by Greg Welch. The Pledge of Allegiance was led by John R.
Peters Jr., U.S. Army Vietnam Resident.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Saab welcomed the audience to the meeting. He acknowledged and thanked
the military service members present in the audience. He acknowledged Michael Calvert, Michael
Chirco, Carrie Uva, Manny Rodriguez and his wife in the audience. He reported attending the California
Contract Cities Association Conference. He reported on the session related to homelessness issues
and mentioned the homeless situation is a challenge and is not isolated to our local region rather it is a
nationwide issue. He announced the upcoming graduations at the three local High Schools and the
Downey Greek Festival. He requested staff review the position of the speed humps at Discovery Park
for additional parking spaces; and, to extend the sale of the old street name signs.
Council Member Ashton welcomed the audience to the meeting. He congratulated the
graduating Class of 2019 and wished them good luck in their future endeavors. He reported attending
the California Contract Cities Association Conference and reported on the session related to
homelessness. He mentioned discussing some preventive efforts that could be implemented to avoid
this issue such as, providing counseling for individuals dealing with domestic abuse, mental illness,
drug abuse, and, additional affordable housing options. He announced upcoming events: Downey
Greek Festival and groundbreaking ceremonies for the City Library and Fire Station Nos. 1 and 3. He
requested staff address the dead trees at Imperial Hwy. and Erickson Ave. by Rancho Los Amigos or
contact the County.
City Council Minutes
Regular Meeting – May 28, 2019 2
Mayor Pro Tem Pacheco welcomed the audience to the meeting. She reported attending the
California Contract Cities Association Conference and reported on the session related to active
shooters. She mentioned learning how to apply a tourniquet in case of injury during this type of situation
and requested staff provide active shooter training for City Council. She attended the Measure S
Groundbreaking events at the parks and requested the public’s patience during the ongoing
improvement projects. She reported attending the Downey Memorial Day Walk from City Hall to the
Downey Cemetery; the Memorial Day Ceremony; and, the 6th Annual Memorial Day Street Festival at
Bastards American Canteen. She announced the upcoming Summer Reading Program Kick- Off event
at the Columbia Memorial Space Center.
Mayor Rodriguez thanked the audience for allowing him to sit in his seat on the Council. He
reported attending the California Contract Cities Association Conference and mentioned Supervisor
Hahn publicly thanked the City of Downey for the City’s efforts towards homeless Veterans. He
acknowledged Marisa Rodriguez; future Army soldiers; Dorothy Pemberton; and, Monica Delgadillo in
the audience. He reported attending the Downey Memorial Day Walk from City Hall to the Downey
Cemetery; AVID Banquet; Coyotes Out of Downey meeting; Coffee with a Cop; and, the Downey Care
Collaborative One Year Anniversary Dinner. He commented on the success of the recent Los Angeles
County Fostering Home event and mentioned 124 people applied to become foster parents. He
announced the retirement of SEACCA’s Executive Director Sally Hazard. He mentioned being
interviewed by KCRW regarding the City’s position on cannabis.
PRESENTATIONS
1. Mayor Rodriguez with assistance from Dorothy Pemberton presented the Downey’s Finest Award to
Kevin Ellis.
2. Mayor Rodriguez with assistance from Monica Ortiz presented a Certificate of Recognition to
Josefina Hernandez, Older American of the Year.
3. Mayor Rodriguez with assistance from Chief Gillaspie and Roy Beard presented Certificates of
Recognition to CERT Spring 2019 Graduates.
4. Mayor Rodriguez presented a Certificate of Recognition to U.S. Army Captain Daniel Conway.
5. Mayor Rodriguez presented a Certificate of Recognition in honor of the U.S. Army 244th Birthday
Celebration.
RECESS/RECONVENE
Mayor Rodriguez recessed the City Council meeting at 7:31 p.m. Mayor Rodriguez reconvened
the City Council meeting at 7:49 p.m. with Council Member Frometa excused.
PUBLIC HEARING: None.
NON-AGENDA PUBLIC COMMENT
Mayor Rodriguez opened non-agenda public comment.
Armando Herman, resident, commented regarding freedom of speech and political figures.
Anthony Jones, resident, commented regarding freedom of speech and offensive language.
Having no one else come forward, Mayor Rodriguez closed public comment.
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Regular Meeting – May 28, 2019 3
CONSENT CALENDAR
Mayor Rodriguez pulled Item No. 16 for separate discussion; and, abstained from Item No. 3,
due to the close proximity to his place of residence.
Mayor Pro Tem Pacheco pulled Item No. 14 for separate discussion.
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, 5, 6, 10, and 11; replacement of
Police Department vehicles; and, Americans with Disabilities.
Vijay Patel, resident, commented regarding freedom of speech and the use of offensive
language.
Lawrence Christen, resident, commented in opposition of Item No. 10; protocol regarding public
participation; and, the closure of the Downey Art Museum.
City Manager Livas addressed the speaker’s comments and stated the Downey Civic Light
Opera and Downey Art Museum independently closed due to legal issues. He confirmed that Lindsey
Yost and Preferred Impressions, Inc. are local artists. He added the Downey Theatre provides grants to
local artists; and, the City is investing a couple of million dollars in order to utilize the second story and
engage local preforming arts.
Lawrence Christen confirmed his awareness of the complex issues behind the closure of the
Downey Civic Light Opera.
Having no one else come forward, Mayor Rodriguez closed public comment.
It was moved by Council Member Ashton, seconded by Council Member Saab and approved
unanimously, with Council Member Frometa excused, to approve the remainder of the Consent
Calendar with Mayor Rodriguez abstaining from Item No. 3 and pulling Item No. 16 for separate
discussion; and, Mayor Pro Tem Pacheco pulling Item No. 14 for separate discussion.
1. APPROVED MINUTES: Regular Meeting Minutes of May 14, 2019: City Clerk.
2. WARRANTS ISSUED: Warrant Nos. 333555 – 333946; Payroll Wire Nos. are 30003871 &
30003875 – 30003879; and, Manual Wire Nos. 1845 – 1849, in the total amount of $3,926,324.78:
Finance.
3. AWARDED CONTRACT IN THE AMOUNT OF $45,815.27 TO J&S STRIPING, INC. FOR
STREET PAVEMENT RESTRIPING SERVICES; AUTHORIZED THE MAYOR TO EXECUTE
CONTRACT AGREEMENT; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR TO
EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK, DEEMED
NECESSARY OR DESIRABLE UP TO THE APPROVED BUDGET AMOUNT (CAPITAL
IMPROVEMENT PROJECT NO. 18-06): Public Works.
4. APPROVED CHANGE ORDER NO. 1 IN THE AMOUNT OF $51,470 FOR THE ELECTRIC
VEHICLE CHARGING STATIONS PROJECT, PHASE 2; AUTHORIZED PROCUREMENT OF
TWO SINGLE-PORT CHARGEPOINT ELECTRIC VEHICLE CHARGING STATIONS AND
RELATED CITY-FURNISHED MATERIALS; APPROVED ADDITIONAL APPROPRIATION IN
THE AMOUNT OF $71,370 IN SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AB
2766 SUBVENTION FUNDS IN ACCOUNT NO. 22-1-6736 TO COVER THE ESTIMATED TOTAL
PROJECT COST SHORTFALL; AND, AUTHORIZED THE DIRECTOR OF PUBLIC WORKS TO
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Regular Meeting – May 28, 2019 4
EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK AS DEEMED
NECESSARY UP TO THE APPROVED BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 19-
15): Public Works.
5. ACCEPTED WORK FOR THE REPLACEMENT OF CHILLER CONDENSER COILS AT THE
COLUMBIA MEMORIAL SPACE CENTER; APPROVED FINAL CONSTRUCTION CONTRACT
AMOUNT OF $36,157, AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR TO FILE THE
NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 19-16): Public Works.
6. AWARDED A CONSTRUCTION CONTRACT IN THE AMOUNT OF $6,159,330 TO NR
DEVELOPMENT, INC. FOR THE GOLDEN PARK, INDEPENDENCE PARK, AND, WILDERNESS
PARK IMPROVEMENT PROJECTS; AND, AUTHORIZED THE ASSISTANT CITY MANAGER TO
EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK FOR THESE
PROJECTS DEEMED NECESSARY OR DESIRABLE UP TO 10% OF THE CONSTRUCTION
CONTRACT AMOUNT (CAPITAL IMPROVEMENTS PROJECT NOS. 19-32, 19-33, AND, 19-35):
Administration.
7. AWARDED A CONTRACT TO LEGEND PUMP AND WELL SERVICES, INC. IN THE AMOUNT
OF $144,232 FOR WELL NO. 16 REHABILITATION; AND, AUTHORIZED THE PUBLIC WORKS
DIRECTOR TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK
DEEMED NECESSARY OR DESIRABLE UP TO THE APPROVED BUDGET (MISCELLANEOUS
PROJECT NO. 330): Public Works.
8. APPROVED PROFESSIONAL SERVICES AGREEMENTS WITH INTERWEST CONSULTING
GROUP, ONWARD ENGINEERING AND SA ASSOCIATES FOR AS-NEEDED PROGRAM
MANAGEMENT SERVICES FOR A PERIOD OF ONE YEAR WITH AN OPTION TO EXTEND
FOR TWO ADDITIONAL ONE-YEAR PERIODS; AUTHORIZED THE MAYOR TO EXECUTE THE
AGREEMENTS; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL
AMENDMENTS AS DEEMED NECESSARY: Public Works.
9. APPROVED AMENDMENT NO. 1 TO THE AGREEMENT WITH UNITED PACIFIC SERVICES,
INC. FOR TREE MAINTENANCE SERVICES EXTENDING THE TERM OF THE CONTRACT FOR
TWO YEARS AND APPROVING THE NEW SERVICE RATES; AUTHORIZED THE MAYOR TO
EXECUTE AMENDMENT NO. 1; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY
FUTURE AMENDMENTS: Public Works.
10. APPROVED PROFESSIONAL SERVICES AGREEMENTS WITH LINDSAY YOST AND
PREFERRED IMPRESSIONS, INC. TO DESIGN, FABRICATE AND INSTALL PUBLIC ART AT
FURMAN PARK; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL
AMENDMENTS TO THE AGREEMENTS: Community Development.
11. APPROVED AN AGREEMENT WITH SOUTHSTAR ENGINEERING & CONSULTING INC. IN
THE AMOUNT OF $75,100 FOR PROVIDING PUBLIC OUTREACH SERVICES AS RELATED TO
THE MEASURE S INFRASTRUCTURE AND FACILITIES IMPROVEMENT PROGRAM: AND,
AUTHORIZED THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT:
Administration.
12. ADOPTED RESOLUTION NO. 19-7882, A RESOLUTION OF THE COUNCIL OF THE CITY OF
DOWNEY ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF THE
DOWNEY FIRE DEPARTMENT REGARDING THE ANNUAL INSPECTIONS OF CERTAIN
OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA
HEALTH AND SAFETY CODE: Fire.
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Regular Meeting – May 28, 2019 5
13. RENEWAL OF A GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES:
Public Works.
1) INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE RENEWAL OF A GENERAL SERVICES AGREEMENT WITH THE
COUNTY OF LOS ANGELES; AND,
2) AUTHORIZE THE MAYOR TO EXECUTE THE GENERAL SERVICES AGREEMENT
WITH THE COUNTY OF LOS ANGELES.
15. APPROVED AND ADOPTED THE UPDATED CITYWIDE LANGUAGE ACCESS PLAN AND THE
CITY OF DOWNEY TITLE VI PROGRAM-TRANSIT: Administration.
OTHER BUSINESS
14. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING PART 11 OF CHAPTER I OF ARTICLE III OF THE DOWNEY MUNICIPAL CODE
RELATED TO ESTABLISHING APP-BASED RIDESHARE PARKING ZONES: Public Works.
Mayor Pro Tem Pacheco commended staff for bringing this item before Council. She inquired
about the process of designating 2nd Street as the passenger pick up and drop off location for the
rideshare app.
Director Consunji stated that the special parking zone on 2nd Street was identified in a
collaborated effort with the Police Department as the location that would best alleviate the current
double parking issues.
Mayor Pro Tem Pacheco expressed concerns regarding continued violation of parking codes
on Downey Avenue rather than utilizing the designated area.
Chief Milligan agreed with Mayor Pro Tem Pacheco about the habitual parking violators. He
confirmed the Police Department will continue to enforce parking violations as they occur and inform
the violators of the designated area for passenger pick up and drop off. He stated the goal is to provide
a safe and routine area for the app-based rideshare services. He confirmed that rideshare services
were consulted during the process of identifying a location regarding where the majority of their rides
are initiated.
Discussion ensued by the City Council regarding identifying additional parking zones for
rideshare users; recommendations were made for the verbiage on the street sign to be clear and
concise regarding the parking restrictions throughout the day and evening hours for the designated
area; and, additional directional signs identifying the designated area for the rideshare drivers and
passengers in the surrounding area.
City Manager Livas confirmed the app-based rideshare services automatically inform the
drivers and passengers of the pickup and drop off locations.
Council Member Ashton made an inquiry about the area encompassed by the geo fencing and
if it included the entire downtown area.
Director Consunji confirmed that currently the geo fencing is restricted to the area south of 2nd
Street.
City Manager Livas stated boundaries will be established for the geo fencing; and, staff will
work with the app-based companies to ensure they are aware of the perimeters.
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Regular Meeting – May 28, 2019 6
Council Member Saab requested staff return at a future meeting with an update on the
progress of reduction of parking violations; and, identify additional special parking zones.
Council Member Ashton inquired if the Downtown Downey District was consulted.
City Manager Livas stated staff is working with a parking consultant on this multifaceted
approach to alleviate the traffic issues in the downtown area and, if approved, staff will return with an
update and alternative recommendations.
Mayor Rodriguez asked if there was anyone present who would like to comment on this item.
Armando Herman, resident, commented regarding his opposition to staff’s recommendation and
alternative transportation.
Having no one else come forward Mayor Rodriguez closed public comment.
It was moved by Council Member Saab, seconded by Council Member Ashton, and approved
unanimously, with Council Member Frometa excused to introduce an ordinance of the City Council of
the City of Downey amending Part 11 of Chapter I of Article III of the Downey Municipal Code related to
establishing app-based rideshare parking zones.
16. RECEIVED AND FILED THE 2018 GENERAL PLAN ANNUAL PROGRESS REPORT:
Community Development.
Mayor Rodriguez commented regarding the technology advances in the business community
over the past ten years and the anticipated future advancements.
Director Schindler provided the staff report for this item. He provided a brief history on the
creation of the General Plan report and the overall land uses for the entire City. He explained the
differences between the General Plan and the Downtown Downey Specific Plan established in 2010.
He summarized the City’s progress in implementing the goals, policies and programs of the Downey
General Plan Vision 2025 and General Plan.
Mayor Rodriguez requested staff review and update the Downtown Downey Specific Plan to
include the advances in technology.
City Manager Livas confirmed a review of the Downtown Downey Specific Plan and continued
monitoring of the plan to ensure it is satisfying the evolving changes in the Downtown area. He said the
item would return at a future date.
Mayor Rodriguez asked if there was anyone present who would like to comment on this item.
Armando Herman, resident, commented regarding public safety, capital improvements, and
housing.
Having no one else come forward Mayor Rodriguez closed public comment.
It was moved by Council Member Ashton, seconded by Council Member Saab, and approved
unanimously, with Council Member Frometa excused, to receive and file the 2018 General Plan Annual
Progress report.
ADMINISTRATIVE REPORT
17. RECEIVE AND FILE AN INFORMATIONAL PRESENTATION REGARDING STAY GALLERY’S
OPERATIONS: Community Development.
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Regular Meeting – May 28, 2019 7
Kirk Cartozian, Chairman, Stay Gallery Board of Directors, introduced Board Member George
Manzanilla and Executive Director Gabriel Enamorado who would be providing the presentation.
Mr. Enamorado briefly described the various exhibits and programs offered at the Stay Gallery
over the past year. He encouraged the audience to visit the Stay Gallery’s website to be apprised of the
workshops at the Gallery. He reported on the past and future workshops designed to encourage the
youth and inspire their creativity. He presented the Stay Gallery’s upcoming calendar of events,
described the benefits of membership, and defined the three programs that drive the Gallery’s mission.
He commented regarding how the Gallery promotes local artists and told the story of one such artist,
John Bell, U.S. Veteran, who was homeless and through encouragement Mr. Bell created inspiring
artwork which was on exhibit at the Gallery. He invited the City Council and the audience to visit the
Stay Gallery.
Council Member Saab recommended the Gallery formulate a plan as to how the City can assist
in promoting the Stay Gallery and communicate the plan to the City. He stated there is a misconception
in the community that the City does not support the arts. He inquired about the City’s funding towards
the Stay Gallery.
Director Schindler responded the City’s funding agreement with the Stay Gallery is $273,000
over seven years with approximately an additional funding of $40,000 for miscellaneous work to
support the Arts.
Discussion ensued by the City Council regarding adding ideas to promote the Stay Gallery and
providing a link on the City’s website and using the City’s social media outlets to disseminate
information; utilizing the City’s Banner program; and, the Gallery hosting meet and greets or luncheons.
Mayor Rodriguez suggested promoting local artists and said he was touched by the story of
Veteran John Bell. He invited the Stay Gallery to return periodically with presentations to the Council to
promote the Gallery.
Council Member Saab asked when the current agreement terminates. He suggested the
Gallery invite the seniors in the community to become actively involved in the Gallery’s workshops.
Director Schindler confirmed the agreement expires in one year.
Mr. Cartozian stated a plan would be developed to sustain the Gallery financially. He
commented regarding engaging City Leaders to assist in promoting fundraising campaigns as well as
partnering with the Downey Unified School District.
Mayor Rodriguez suggested hosting events such as Lunch with the Mayor to introduce Stay
Gallery to the business community. He provided examples of how the business community helps to
support other organizations in the community.
Council Member Saab inquired about their work with non-profit organizations to utilize the
space and create revenue.
Mr. Enamorado elaborated on the expansion of the rental program; local non-profit
organizations utilizing the space at a discounted rate while promoting the Gallery; and, a program that
allows individuals to use the space to promote their business ideas. He stated that they have been
working with the City’s Social Media Intern to expand their social media advertising and collaborating
with other non-profits in the community to create a strong marketing plan to promote the Gallery.
Mr. Cartozian thanked the City Council, the City Manager and the Community Development
Director for their support.
City Council Minutes
Regular Meeting – May 28, 2019 8
Mayor Rodriguez asked if there was anyone present who would like to comment on this item.
Armando Herman, resident, commented in support of the Stay Gallery and promoting the arts.
Lawrence Christen, resident, expressed his admiration for the founders of the Stay Gallery. He
commented on the size of the location and recommended identifying a larger venue.
Having no one else come forward Mayor Rodriguez closed public comment.
It was moved by Council Member Saab, seconded by Council Member Ashton, and approved
unanimously, with Council Member Frometa excused to receive and file the informational presentation
regarding Stay Gallery’s Operations.
STAFF MEMBER COMMENTS: None.
Mayor Rodriguez commented regarding elected officials enduring vulgar comments and
mentioned he was touched by Mr. Enamorado’s story about the homeless Veteran and his art piece.
ADJOURNMENT
Mayor Rodriguez adjourned the Regular City Council meeting at 9:18 p.m. in memory of
Savannah Police Sgt. Kelvin Ansari, 50; and, Pam Albers, Council Member City of Avalon.
MARIA ALICIA DUARTE, CMC RICK RODRIGUEZ
City Clerk Mayor