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HomeMy WebLinkAbout05c. Minutes - 06-11-19 - Regular MeetingCity Council Minutes Regular Meeting – June 11, 2019 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JUNE 11, 2019 The City Council of the City of Downey held a Regular City Council Meeting on June 11, 2019, at 6:34 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 Frometa Council Member Alex Saab Council Member ALSO PRESENT: Gilbert Livas, City Manager Yvette M. Abich Garcia, City Attorney 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 James McQueen, Human Resources Director Alicia Duarte, CMC, City Clerk The Invocation was delivered by Mayor Rodriguez. The Pledge of Allegiance was led by Scout Miles. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE/MEETING REPORTS Council Member Saab welcomed the audience to the meeting. He congratulated the teachers in the audience for a successful year. He acknowledged Michael Calvert and Commissioner Nolveris Frometa in the audience. He announced upcoming events: Summer Concerts at Furman Park, Summer Library Show “Mighty Mickey’s Magic” at the Downey Theatre, and Downey Chamber of Commerce Annual Golf Tournament. He commented regarding the various functions of the Downey App and invited the audience to download the App. He requested staff add an option to the Downey App to allow reporting of illegal fireworks. He commented regarding the Central Basin Municipal Water District proposed meter tax and requested staff hold a Special Meeting to direct staff to prepare an opposition letter to the proposed tax. Council Member Frometa welcomed the audience to the meeting. She commented regarding the various Measure S Improvement projects, thanked the voters for approving the Measure S tax, and asked the audience for their patience during the ongoing construction. She reported attending the groundbreaking ceremonies for Fire Station Nos. 1 and 3. She commented regarding her support of calling a Special Meeting to prepare an opposition letter to the Central Basin Municipal Water District proposed meter tax. She thanked the Director Consunji and Director Schindler for their hard work. She requested staff enforce code violations on the tired strip malls on Paramount Boulevard South of Imperial Highway. She also requested enforcement of residential property code violations due to aesthetic issues. City Council Minutes Regular Meeting – June 11, 2019 2 Council Member Ashton welcomed the audience to the meeting. He reported attending a couple of Neighborhood Watch meetings and reported that the main concern of the residents is speeding. He requested staff install permanent speed signs on Cole Street between Paramount Boulevard and Downey Avenue to detour speeding. Mayor Pro Tem Pacheco welcomed the audience to the meeting. She reported attending the groundbreaking events for the Library and Fire Station Nos. 1 and 3. She recognized all the Fire Fighters and first responders in the audience. She announced upcoming events: Go Skate Day and the Downey Chamber of Commerce Installation event. She requested additional police patrol on Ardis Avenue between Imperial Highway and Foster Avenue to enforce the new reduced speed limits. Mayor Rodriguez thanked the audience for allowing him to sit in his seat on the City Council. He reported attending the Convening of Los Angeles County Mayors and reported on the session regarding preparing children ages zero to five for preschool. He also reported attending the groundbreakings for the Library and Fire Station Nos. 1 and 3; Downey Greek Food Festival; Coyotes Out of Downey meeting; and, the U.S. Army Space Command tour of the Columbia Memorial Space Center. He thanked Executive Director Dickow for the great event. He reported speaking at the Rotary Club of Downey. PRESENTATIONS 1. Mayor Rodriguez presented the Mayor’s Servant Heart Award to Kathy Ambruso, Williams Elementary School Teacher. 2. Mayor Rodriguez with assistance from City Manager Livas presented a Proclamation in honor of Public Service Recognition Week to City employees from various departments. 3. Mayor Rodriguez with assistance from Council Member Saab presented Certificates of Recognition to the Downey FC Soccer Club. 4. Mayor Rodriguez with assistance from Director Consunji presented Certificates of Appointment to Urban Forest Management Plan Workgroup. 5. Mayor Rodriguez with assistance from Monica Ortiz presented Certificates of Recognition to outgoing Youth Commissioners. The Youth Commission presented their year in review to the City Council. RECESS/RECONVENE Mayor Rodriguez recessed the City Council meeting at 6:50 p.m. Mayor Rodriguez reconvened the City Council meeting at 7:25 p.m. with all Council Members present. PUBLIC HEARING 1. OPERATING COVENANT AGREEMENT FOR CHAMPION AUTO GROUP, LLC (DBA: DOWNEY MASERATI): Community Development. Mayor Rodriguez announced the scheduled Public Hearing item would be continued to the Regular City Council Meeting of June 25, 2019 at 6:30 p.m. It was moved by Council Member Saab, seconded by Council Member Ashton, and approved unanimously to continue the Public Hearing Item to approve the Operating Covenant Agreement for Champion Auto Group, LLC (Dba: Downey Maserati) to the regularly scheduled City Council Meeting of June 25, 2019, at 6:30 p.m. City Council Minutes Regular Meeting – June 11, 2019 3 NON-AGENDA PUBLIC COMMENT Mayor Rodriguez opened non-agenda public comment. Armando Herman, resident, commented regarding suppression of ideas; First Amendment, Fifth Amendment and Fourteenth Amendment; political figures; and, the Ralph M. Brown Act. Roger Collins, resident, commented regarding code enforcement violations at his father’s residence on Coldbrook Avenue. Michelle Fording, resident, commented in opposition to a proposed residential care facility in her neighborhood. City Manager Livas acknowledged the resident’s concerns. He commented regarding recent State Legislation and suggested the resident write to her local Assembly Member and State Senator. He explained the State regulates residential care facilities. He commented regarding the pending litigation challenging the State’s jurisdiction over local control. He recommended the residents submit a petition to their legislators and directed the resident to speak with the Assistant to the City Manager De Rojas for assistance. Mary Beth Aves, resident, commented in opposition to a proposed residential care facility in her mother’s neighborhood. She questioned why local government was unable to overrule State and Federal laws similar to the Sanctuary Cities ruling against State law. City Attorney Abich Garcia commented regarding the Sanctuary Cities situation wherein local communities united to take a position against State law which resulted in litigation. She explained if the City goes against State law then the City would be inviting unnecessary litigation. She announced the City is cognoscente of pending litigation, currently there are four pending lawsuits in Federal court challenging residential care facilities in residential zones, and the City is awaiting the outcome of those lawsuits to implement regulations. John Lacy, resident, commented regarding the conduct of political figures, equipping the Police Department with proper equipment to combat the opioids situations encountered in the field, and announced the UCLA Women’s Softball Team won the National Championship. Having no one else come forward, Mayor Rodriguez closed public comment. CONSENT CALENDAR Council Member Saab abstained from Item Nos. 4 and 8. Council Member Ashton pulled Item No. 21 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. 6, 16, and 18; Americans with Disabilities; freedom of speech; infrastructure; and, political figures. 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 to approve the Consent Calendar, with Council Member Ashton pulling Item No. 21 for separate discussion; and, Council Member Saab abstaining from Item Nos. 4 and 8. City Council Minutes Regular Meeting – June 11, 2019 4 2. APPROVED MINUTES: Special Meeting Minutes of May 28, 2019: City Clerk. 3. WARRANTS ISSUED: Warrant Nos. 333947 – 334300; Payroll Wire Nos. are 30003880 – 30003881 & 30003883; Manual Wire Nos. 1850 – 1858; and, Cashier’s Check numbers are 134 – 135, in the total amount of is $3,560,808.49: Finance. 4. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR CONSTRUCTION BIDS FOR PARAMOUNT BLVD. MEDIAN ISLAND IMPROVEMENT PROJECT (PHASE 2) FROM FIRESTONE BLVD. TO FLORENCE AVE. (CAPITAL IMPROVEMENT PROJECT NO. 14-19): Public Works. 5. AWARDED A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,648,493 TO ALL AMERICAN ASPHALT FOR THE FIRESTONE BLVD. MEDIAN ISLAND IMPROVEMENT PROJECT FROM OLD RIVER SCHOOL RD. TO THE WEST CITY LIMIT; AND, AUTHORIZED PUBLIC WORKS DIRECTOR/CITY ENGINEER TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK FOR THIS PROJECT DEEMED NECESSARY UP TO THE APPROVED PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 15-14): Public Works. 6. AWARDED A CONSTRUCTION CONTRACT IN THE AMOUNT OF $845,000 TO UNITED STORM WATER, INC. FOR THE WILDERNESS PARK PONDS – WATER & SLUDGE REMOVAL PROJECT; AND, AUTHORIZED THE ASSISTANT CITY MANAGER TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK FOR THIS PROJECT DEEMED NECESSARY OR DESIRABLE UP TO 10% OF THE CONTRACT AMOUNT (CAPITAL IMPROVEMENT PROJECT NO. 15-21A): Administration. 7. AWARDED A CONTRACT, IN THE AMOUNT OF $70,500 TO UNITED STORM WATER, INC. FOR THE WILDERNESS PARK PONDS – WILDLIFE RELOCATION PROJECT; AND, AUTHORIZED THE ASSISTANT CITY MANAGER TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK FOR THIS PROJECT DEEMED NECESSARY OR DESIRABLE UP TO 10% OF THE CONTRACT AMOUNT (CAPITAL IMPROVEMENT PROJECT NO. 15-21B): Administration. 8. APPROVED CHANGE ORDER NOS. 1 AND 2 IN THE TOTAL AMOUNT OF $161,639.12 AND ADDITIONAL COSTS OF $53,000 FOR CONSTRUCTION MANAGEMENT, INSPECTION, AND MATERIALS TESTING FOR THE PARAMOUNT BLVD. WATER SYSTEM IMPROVEMENT PROJECT; APPROVED ADDITIONAL APPROPRIATION AND AUTHORIZED TRANSFER OF $125,000 FROM CAPITAL IMPROVEMENT PROGRAM WATER FUND ACCOUNT NO. 51-1- 8684 TO CAPITAL IMPROVEMENT PROGRAM WATER FUND ACCOUNT NO. 51-1-8682 TO COVER THE TOTAL PROJECT COST; AND, AUTHORIZED THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK AS DEEMED NECESSARY UP TO THE APPROVED PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 18-17): Public Works. 9. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS FOR THE TELEGRAPH RD. WATER SYSTEM IMPROVEMENT PROJECT (CAPITAL IMPROVEMENT PROJECT NO. 19-02): Public Works. 10. ACCEPTED WORK FOR MAINTENANCE AND REPAIRS OF THE AUDIO SYSTEM IN THE CITY COUNCIL CHAMBERS; APPROVED FINAL CONSTRUCTION CONTRACT AMOUNT OF $78,611.16; AND, AUTHORIZED PUBLIC WORKS DIRECTOR/CITY ENGINEER TO FILE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 19-17): Public Works. 11. APPROVED THE PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR CONSTRUCTION BIDS FOR THE CIVIC THEATRE IMPROVEMENTS PROJECT CONSISTING City Council Minutes Regular Meeting – June 11, 2019 5 OF: THEATRE PLAZA IMPROVEMENTS (CIP NO. 19-22-1); THEATRE COURTYARD IMPROVEMENTS (CIP NO. 19-22-2); LIBRARY OUTLOOK IMPROVEMENTS STRUCTURE (CIP NO. 19-22-3); FIREFIGHTER’S MEMORIAL (CIP NO. 19-22-4); AND, THE DOWNEY POLICE STATION MODERNIZATION PROJECT (CIP NO. 19-38): Administration. 12. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH iSPACE INC. TO PROVIDE AN APPLICATION SPECIALIST CONTRACTOR TO SUPPORT AND MAINTAIN MANY OF THE CITY’S DEPARTMENT CORE APPLICATIONS; AND, AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT: Finance. 13. APPROVED AN AMENDMENT TO THE ARTNET PROFESSIONAL SERVICES AGREEMENT TO ALLOW FOR AN ADDITIONAL INDEPENDENT CONTRACTOR IN THE ROLE OF A JUNIOR NETWORK ADMINISTRATOR TO PROVIDE ADDITIONAL SUPPORT TO THE I.T. DIVISION, AND, AUTHORIZED THE MAYOR TO EXECUTE THE AMENDMENT: Finance. 14. APPROVED AMENDMENT NO. 1 TO THE TYLER TECHNOLOGIES SOFTWARE AND MAINTENANCE AGREEMENT FOR CAD AND RMS SERVICES TO THE POLICE DEPARTMENT; AND, AUTHORIZED THE POLICE CHIEF TO EXECUTE THE AGREEMENT: Police. 15. APPROVED A PROFESSIONAL SERVICES AGREEMENT TO COMPLETE A NATIONAL ENVIRONMENTAL PROTECTION ACT ANALYSIS OF THE RANCHO LOS AMIGOS SOUTH CAMPUS SPORTS COMPLEX WITH SAPPHOS ENVIRONMENTAL INC.; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT: Community Development. 16. APPROVED AN AMENDMENT TO THE AGREEMENT WITH SUTHERLAND CONSULTING GROUP, INC. TO CONTINUE E-RATE CONSULTING SERVICES FOR THE DOWNEY CITY LIBRARY; AND, AUTHORIZED THE MAYOR TO EXECUTE THE AMENDMENT: Library. 17. AUTHORIZED THE CITY MANAGER TO EXECUTE THE EXTENSION OF THE MEMORANDUM OF UNDERSTANDING AND RELATED DOCUMENTS FOR THE ASPIRE AFTER SCHOOL PROGRAM: Parks and Recreation. 18. ADOPTED RESOLUTION DECLARING CITY COUNCIL’S INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2019-2020 AND SETTING PUBLIC HEARING: Public Works. 1) ADOPTED RESOLUTION NO. 19-7883, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE ENGINEER’S REPORT FOR ASSESSMENTS WITHIN THE LIGHTING AND LANDSCAPE DISTRICT, ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2019-2020; AND, 2) ADOPTED RESOLUTION NO. 19-7884, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO LEVY AND COLLECT LIGHTING AND LANDSCAPING ASSESSMENTS WITHIN THE LIGHTING AND LANDSCAPING DISTRICT, ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2019-2020; AND, SET A PUBLIC HEARING FOR JUNE 25, 2019 ON THE PROPOSED ASSESSMENTS 19. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING A CHAPTER 12 TO ARTICLE IV OF THE DOWNEY MUNICIPAL CODE PROHIBITING THE FEEDING OF WILDLIFE: Administration. 20. RENEWAL OF A GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES: Public Works. City Council Minutes Regular Meeting – June 11, 2019 6 1) ADOPTED ORDINANCE NO. 19-1410, 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) AUTHORIZED THE MAYOR TO EXECUTE THE GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES. 22. APPROVED THE DONATION OF TWO FOURSOMES OF GOLF AT THE RIO HONDO GOLF COURSE IN SUPPORT OF THE ST. PIUS X/ST. MATHIAS ACADEMY SECOND ANNUAL WARRIOR CUP GOLF TOURNAMENT: Mayor Rodriguez. 23. RATIFIED THE DONATION OF ONE FOURSOME OF GOLF AT THE RIO HONDO GOLF COURSE IN SUPPORT OF THE DOWNEY POLICE AND FIRE FOUNDATION: Council Member Saab. OTHER BUSINESS 21. ADOPTED ORDINANCE NO. 19-1411, 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. Council Member Ashton inquired if there were any changes to the ordinance. Director Consunji confirmed no changes were made. Council Member Ashton asked what area the geo fencing encompassed as related to the identified passenger pick up and drop off location for the rideshare app. Director Consunji clarified that the ordinance before the City Council would allow staff to establish app-based rideshare parking zones. He commented regarding the location identified in the staff report to be the most probable potential location in the Downtown area. He stated if the ordinance is approved then staff would notify the rideshare services to inform rideshare drivers and passenger of the identified parking zone. Mayor Rodriguez asked if there was anyone present who would like to comment on Consent Calendar items. Mr. Faraz, resident, commented regarding easier access for rideshare users. Armando Herman, resident, commented regarding public safety and continued parking violators. 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 to adopt Ordinance No. 19-1411, 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. ADMINISTRATIVE REPORT: None. STAFF MEMBER COMMENTS: None. City Council Minutes Regular Meeting – June 11, 2019 7 ADJOURNMENT Mayor Rodriguez adjourned the Regular City Council meeting at 8:21 p.m. in memory of Victims of the shooting in Virginia Beach. MARIA ALICIA DUARTE, CMC RICK RODRIGUEZ City Clerk Mayor