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