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HomeMy WebLinkAbout02d. Minutes - 07-23-19 - Regular MeetingCity Council Minutes Regular Meeting – July 23, 2019 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JULY 23, 2019 The City Council of the City of Downey held a Regular City Council Meeting on July 23, 2019, at 6:30 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 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 James McQueen, Human Resources Director Alicia Duarte, CMC, City Clerk The Invocation was delivered by John Velasco, Heart of Compassion. The Pledge of Allegiance was led by Dorothy Pemberton. City Manager Livas stated staff continuously searches for additional avenues of revenue to improve the City’s Neighborhoods and Parks. He announced the City will receive $1.5 million from Rivers and Mountains Conservancy for the refurbishment of Wilderness Park to supplement the shortfall from Measure S Funds. He attributed the grant to the efforts of Assistant City Manager Oskoui, Mayor Rodriguez and Supervisor Hahn. He stated after the Conference of Mayors, Mayor Rodriguez challenged staff to become a Better Cities for Pets. He mentioned Mayor Rodriguez started two initiatives, Pets for Vets and the Mayor’s Choice for Adoption, earning the City a Better Cities for Pets designation. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE/MEETING REPORTS Council Member Saab welcomed the audience to the meeting. He extended his gratitude to Mayor Rodriguez for leading the pet cause. He acknowledged Martha Sodetani, Tom Hause, Michael Calvert, and Michael Chirco in the audience. He reported attending the Independent Cities Association Summer Seminar. He commented on the sessions concerning homelessness, community development, and the 2020 Census. He encouraged the audience to participation in the Census and explained how the Census assists in the allocation of funds. He announced this is the last week of the M.A.D.E. Program and mentioned the program allows High School students to partner with local businesses as paid interns. He acknowledged Principal Laura Rivas in the audience. He announced upcoming events: Apollo Retiree Panel “Apollo 11 Returns to Earth at the Columbia Memorial Space City Council Minutes Regular Meeting – July 23, 2019 2 Center and the Downey Chamber of Commerce’s Let’s Do Lunch. He thanked staff, City Manager Livas, Assistant City Manager Oskoui, and Parks and Recreation Director Passow for the installation of lights at the basketball court. He thanked Public Works Director Consunji for addressing the dilapidated cell tower aesthetics at Florence Avenue and Sideview Drive. City Manager Livas stated he is working with Mayor Pro Tem Pacheco and Director Schindler to develop a 2020 Census Outreach Program. Council Member Frometa welcomed the audience to the meeting. She reported attending the Independent Cities Association Summer Seminar She reported on the Economic Development 2.0 session pertaining to consumption, community and communication including digital engagement. She reported attending the Twilight Summer Concert at Furman Park and she requested staff extend the Concerts in the Parks series next year. She also attended the Apollo 11 50th Anniversary Celebration and thanked Director Dickow and staff for their work. She announced upcoming events: Girls on Fire Summer Program; and, 7th Annual National Night Out. Council Member Ashton welcomed the audience to the meeting. He reported attending the Independent Cities Association Summer Seminar where he moderated the session on homelessness. He requested staff partner with surrounding cities to address the homeless issues. He announced the upcoming Golden Music and More at Golden Park event. He mentioned the new Downey Link buses are in service and thanked Parks and Recreation Department for the implementation. Mayor Pro Tem Pacheco welcomed the audience to the meeting. She acknowledged Mariana Pacheco in the audience. She reported attending the Independent Cities Association Summer Seminar and commented regarding the 2020 Census session. She mentioned ideas that cities can do to engage the community and requested the creation of a Council Subcommittee for the 2020 Census. She encouraged the audience to participate in the 2020 Census. She reported attending the Apollo 11 50th Anniversary Celebration and thanked Director Dickow for his representation of the City. She thanked Chief Milligan for the additional patrol to detour speeding on Ardis Ave. She announced the upcoming events: Girls on Fire Summer Program; and, the M.A.D.E. culmination. She commented on her involvement in the M.A.D.E. program. She thanked Chief Gillaspie for updating the emergency information on the City’s website. She requested staff extend the Concerts in the Parks series and consider alternative entertainment to be competitive with surrounding cities. Mayor Rodriguez thanked the audience for allowing him to sit in his seat on the City Council. He reported attending Downey Lion’s Club Annual Awards and End of Year Banquet 2019, Metal of Honor Staff Sergeant David G. Bellavia Breakfast, and the Coyotes Out of Downey Volunteer Program. He attributed the adoption of 100 dogs per year to the Mayor’s Choice Award. He thanked Director Dickow for the success of the Columbia Memorial Space Center. He announced the upcoming Employment Opportunity and Wellness Fair at the Columbia Memorial Space Center on August 21. PRESENTATIONS 1. Mayor Rodriguez with assistance from Dorothy Pemberton presented Certificates of Recognition to Parents of the Year. 2. Mayor Rodriguez with assistance from Mariana Pacheco presented Certificates of Recognition to Downey students for their achievements at SkillsUSA. RECESS/RECONVENE Mayor Rodriguez recessed the City Council meeting at 7:18 p.m. Mayor Rodriguez reconvened the City Council meeting at 7:26 p.m. with all Council Members present. PUBLIC HEARING: None. City Council Minutes Regular Meeting – July 23, 2019 3 NON-AGENDA PUBLIC COMMENT Mayor Rodriguez opened non-agenda public comment. Mr. Juan commented regarding the Downey Municipal Code related to smoking in City Parks and the citations process. Armando Herman, resident, commented regarding the legislative process, political figures, Housing and Urban Development, and the First Amendment Rights. Emory Sippos, resident, thanked Mayor Rodriguez and Chief Milligan for their assistance. He commented regarding debris, public urination, and homeless issues on his property. Mayor Rodriguez requested information regarding the speakers concerns forwarded to the new security guard service. Director Schindler stated the new security guard services would start in August and invited the Mr. Sippos to attend the Board Meetings for the Downtown Downey Improvement Association to address these issues. He mentioned sending an invitation to Mr. Sippos and the security company for a meeting to discuss the issues surrounding his property. Ms. Emily commented regarding the Downey Municipal Code and the citation process pertaining to a smoking citation; and, updating technology. Having no one else come forward, Mayor Rodriguez closed public comment. CONSENT CALENDAR Mayor Rodriguez abstained from Item No. 5 due to close proximity to his property. Council Member Frometa pulled Item No. 11 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, 6, 8, 10, and 12. He commended the Police Department for their good work. He commented regarding speeding on Rosecrans Avenue near Gardendale Street. 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 remainder of the Consent Calendar, with Council Member Frometa pulling Item No. 11 for separate discussion and Mayor Rodriguez abstaining from Item No. 5 due to close proximity to his property. 1. WARRANTS ISSUED: Warrant Nos. 335065 – 335336; Payroll Wire Nos. 30003893 – 30003897; and, Manual Wire Nos. 1867 – 1870, in the total amount of $4,790,248.81: Finance. 2. ACCEPTED WORK FOR THE LAKEWOOD BOULEVARD IMPROVEMENT PROJECT, PHASE 3C; APPROVED FINAL CONSTRUCTION CONTRACT AMOUNT OF $3,167,812.52; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO FILE NOTICE OF COMPLETION (CASH CONTRACT NO. 632-3C): Public Works. City Council Minutes Regular Meeting – July 23, 2019 4 3. APPROVED PROFESSIONAL SERVICES AGREEMENT WITH KOA CORPORATION FOR PROFESSIONAL ENGINEERING, PUBLIC RELATIONS AND SAFETY EDUCATION SERVICES FOR THE SOUTH DOWNEY SAFE ROUTES TO SCHOOL PROJECT; APPROPRIATED $28,000 IN TRANSPORTATION DEVELOPMENT ACT ARTICLE III FUNDS AND AN ADDITIONAL $63,000 IN SENATE BILL 1 FUNDS FOR PROJECT; AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS (CAPITAL IMPROVEMENT PROJECT NO. 17-11): Public Works. 4. AWARDED CONTRACT IN THE AMOUNT OF $1,374,625 TO ALL CITIES ENGINEERING, INC. FOR TELEGRAPH ROAD WATER SYSTEM IMPROVEMENTS; AUTHORIZED TRANSFERS OF $750,000 AND $60,000 FROM CIP WATER FUND ACCOUNT NOS. 51-1-8684 AND 51-1-8680 TO CIP WATER FUND ACCOUNT NO. 51-1-8683 TO COVER THE TOTAL PROJECT COST; AUTHORIZED THE MAYOR TO EXECUTE THE 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 (CAPITAL IMPROVEMENT PROJECT 19-02): Public Works. 5. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR CONSTRUCTION BIDS FOR FY 18/19 ANNUAL MISCELLANEOUS CONCRETE REPAIRS (COUNCIL DISTRICT 4) AND ADA IMPROVEMENTS CITYWIDE (CAPITAL IMPROVEMENT PROJECT NO. 19-11): Public Works. 6. AWARDED A CONSTRUCTION CONTRACT IN THE AMOUNT OF $4,124,839.74 TO HOFFMAN MANAGEMENT & CONSTRUCTION CORP. FOR THE CIVIC THEATRE IMPROVEMENTS (CIP 19-22) AND POLICE STATION MODERNIZATION PROJECT (CIP NO. 19-38); ALLOCATED $500,000 FROM THE GENERAL FUND TO THE CITY HALL COMPLEX IMPROVEMENT PROJECT (CIP 19-21) FOR THE CONSTRUCTION OF THE FIREFIGHTERS MEMORIAL AND RELOCATION OF EXISTING MEMORIAL STRUCTURE FROM THE CIVIC THEATRE PLAZA TO THE CIVIC CENTER AREA AND COMPLETE THE REQUIRED WORK AT THE POLICE STATION; AUTHORIZED TRANSFER OF $1,000,000 FROM THE ADA IMPROVEMENT PROJECTS (CIP NO.19- 27) TO THE CIVIC THEATRE IMPROVEMENT PROJECT (CIP NO. 19- 22) TO COMPLETE INSTALLATION OF AN ELEVATOR, RAMP AND OTHER RELATED WORK, AND $500,000 FROM THE OTHER CITY FACILITIES IMPROVEMENT PROJECT (CIP NO. 19- 26) TO THE CIVIC THEATRE IMPROVEMENT PROJECT FOR IMPROVEMENTS IN THE THEATER'S, COURTYARD, AND $500,000 FROM THE OTHER CITY FACILITIES IMPROVEMENT PROJECT (CIP NO. 19-26) TO THE POLICE STATION IMPROVEMENT PROJECT (CIP NO. 19-38); 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 CONSTRUCTION CONTRACT AMOUNT: Administration. 7. AWARDED A CONSTRUCTION CONTRACT IN THE AMOUNT OF $6,485,620 TO ENVIRONMENTAL CONSTRUCTION, INC. FOR THE DISCOVERY PARK IMPROVEMENTS (CIP NO. 19-31) AND FURMAN PARK IMPROVEMENTS (CIP NO. 19-30); 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 CONSTRUCTION CONTRACT AMOUNT: Administration. 8. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR CONSTRUCTION BIDS FOR THE BROOKSHIRE AVENUE AT EVEREST STREET TRAFFIC SAFETY ENHANCEMENTS PROJECT (CAPITAL IMPROVEMENT PROJECT NO. 20-29): Public Works. City Council Minutes Regular Meeting – July 23, 2019 5 9. ADOPTED RESOLUTION NO. 19-7893, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE HUMAN RESOURCES DEPARTMENT: Human Resources. 10. INTRODUCED ORDINANCE NO. 19-______, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3199.10 OF THE DOWNEY MUNICIPAL CODE RELATING TO THE SPEED LIMITS FOR BROOKSHIRE AVENUE BETWEEN CHEROKEE DRIVE AND FLORENCE AVENUE: Public Works. 12. AUTHORIZED A STREET CLOSURE AT THE INTERSECTION OF CIVIC CENTER DR. AND 3RD STREET FOR THE CITY OF DOWNEY’S 7TH ANNUAL NATIONAL NIGHT OUT ON TUESDAY, AUGUST 6, 2019: Police. OTHER BUSINESS 11. ADOPT URGENCY ORDINANCE, ESTABLISHING A SIDEWALK VENDING PROGRAM; AND, INTRODUCE ORDINANCE, ESTABLISHING A SIDEWALK VENDING PROGRAM: Public Works. 1. ADOPTED ORDINANCE NO. 19-1413, AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING PROVISIONS OF THE DOWNEY MUNICIPAL CODE ESTABLISHING A SIDEWALK VENDING PROGRAM; AND, 2. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING PROVISIONS OF THE DOWNEY MUNICIPAL CODE ESTABLISHING A SIDEWALK VENDING PROGRAM. Mayor Rodriguez asked if there was anyone present who would like to comment on Item No. 11. Carlos Galvan, Business Owner, commented regarding street vendors not required to request permission from the business owners to sell on their business property; the hours allowed to conduct street vending; and, enforcement of vendors illegally parked in red curb zones or restricted parking zones. Armando Herman, resident, commented in opposition to sidewalk vendors; and, sidewalk vendors violating the Americans with Disabilities Act. Having no one else come forward, Mayor Rodriguez closed public comment. City Attorney Abich Garcia provided a summary regarding the new Legislative mandate pertaining to sidewalk vendors. She commented regarding the regulations cities are allowed to enact and the regulations deferred to State Law. She stated the City’s current Ordinance with respect to sidewalk vendors has become null and void. The City has taken advantage of all leeway that the State Legislature has allowed in the proposed Ordinance before Council tonight. She referred to Section 6544.9 of the proposed Ordinance, the general sidewalk vendor operating requirements and restrictions pertaining to authorized locations and distance from business’ entrances and emergency exits of any business during the hours of operation. She referenced the listings of distance requirements from intersections, traffic control devices, fire hydrants and the American with Disability Act requirements. She stated under State Law one tool the City has to decline a sidewalk vendor permit is if there is a violation of the American with Disabilities Act. Council Member Saab inquired which department would oversee the process. City Council Minutes Regular Meeting – July 23, 2019 6 City Attorney Abich-Garcia stated the process would be primarily in Public Works with the Police Department and some Community Development involvement as well. Council Member Saab inquired if the Fire Department would be involved in the process. City Attorney Abich-Garcia stated that she is unclear if the Fire Department would be involved in the permitting processes. She mentioned there were restrictions regarding flammables, chemicals; and, prohibitions are in place for those issues. The process would be overseen by the Public Works Department and the permit process would be treated similar to an encroachment. Council Member Saab questioned the hours a street vendor would be allowed in residential neighborhood and stated 6:00 a.m. seemed quite early. City Attorney Abich-Garcia stated in speaking with the City Prosecutor it was concluded that those hours are the most reasonable and legally defensible. Discussion ensued amongst City Council regarding the distinction of stationary and roaming sidewalk vendors in residential areas; and, adjusting the hours prohibiting roaming sidewalk vendors in residential areas. Council Member Frometa inquired about setting perimeters in place to restrict the number of vendors within a zone. City Attorney Abich-Garcia confirmed there are regulations in place regarding distances between stationary sidewalk vendors in a location. The roaming vendors do pose some difficulties to regulate and that is a matter of reviewing and approving specific routes. Council Member Frometa asked how the sidewalk vendor permits will be enforced. Chief Milligan stated after the permitting process Police Officers will be proactive to identify sidewalk vendor violators in the field and Code Enforcement will assist the Police Department to respond to calls. He mentioned the sidewalk vendors are required to display appropriate permits on carts or person to ensure compliance. Council Member Frometa inquired if the City is required to approve a minimum number of permits. City Attorney Abich-Garcia confirmed no permit cap on sidewalk vendors has been identified; however, the distance requirement between vendors and the location restrictions will assist in reducing the number of permits issued. Council Member Saab requested the time modified for sidewalk vendors in residential areas. He would prefer no vending between 5:00 p.m. and 9:00 a.m. He stated the fines are too low and suggested increasing the fines to $250 for the first offense. City Attorney Abich-Garcia stated the fines are a function set by legislation and there is a requirement under State Law regarding that requires the City accommodate an inability to pay. Council Member Saab stated this is an egregious shake down by the State and the City should be allowed protect the rights of the business owners. Discussion ensued amongst the City Council regarding the sidewalk vendor permit process, insurance requirements, Los Angeles County Health Department approval and clearance, and street vendors on private property. City Council Minutes Regular Meeting – July 23, 2019 7 City Attorney Abich-Garcia confirmed the sidewalk vendors are required to obtain permission from a private property owner. Council Member Saab ask ed for the cost of the sidewalk vendor permit fee. Deputy Public Works Director Norris confirmed the permit fee is $45 per year for sidewalk vendors. City Attorney Abich-Garcia stated the permit is similar to an encroachment permit and the fees are the same. City Attorney Abich-Garcia read into the record Section 6544.9 subsection (b)(2) the hours would be changed to the following roaming sidewalk vending within residential areas of the city is prohibited between the hours of 5 p.m. to 9 a.m. of the subsequent day. It was moved by Council Member Saab, seconded by Council Member Frometa and carried unanimously to adopt Urgency Ordinance No. 19-1413, an Urgency Ordinance of the City Council of the City of Downey amending provisions of the Downey Municipal Code establishing a Sidewalk Vending Program with the change to Section 6544.9 subsection (b)(2) roaming sidewalk vending within residential areas of the city is prohibited between the hours of 5 p.m. to 9 a.m. of the subsequent day. It was moved by Council Member Saab, seconded by Council Member Frometa and carried unanimously to introduce an Ordinance of the City Council of the City of Downey amending provisions of the Downey Municipal Code establishing a Sidewalk Vending Program with the change to Section 6544.9 subsection (b)(2) roaming sidewalk vending within residential areas of the city is prohibited between the hours of 5 p.m. to 9 a.m. of the subsequent day. ADMINISTRATIVE REPORT: None. STAFF MEMBER COMMENTS: None. ADJOURNMENT Mayor Rodriguez adjourned the Regular City Council meeting at 8:31 p.m. in memory of Michelle Marie Mueller, wife of Dan Mueller, City Employee; and, Dani, K9 for the Downey Police Department, EOW 07-15-19. MARIA ALICIA DUARTE, CMC RICK RODRIGUEZ City Clerk Mayor