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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. City Council Minutes 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 City Council Minutes 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. City Council Minutes 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. City Council Minutes 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. City Council Minutes 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