HomeMy WebLinkAboutMinutes 07-23-19 Regular MeetingMINUTES OF
CITY COUNCIL OF OF DOWNE
REGULAR MEETING
JULY 23, 2019 1
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 iUNCEMENTS; REQUESTS FOR
CONFERENCEIMEETING 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
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.
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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.
City Council Minutes
Regular Meeting — July 23, 2019 2
PUBLIC HEARING: None.
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.
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.
City Council Minutes
Regular Meeting — July 23, 2019 3
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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.
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Regular Meeting — July 23, 2019 5
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 6
City Attorney Abich-Garcia confirmed the sidewalk vendors are required to obtain permission
from a private property owner.
Council Member Saab asked 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.
STAFF MEMBER COMMENTS: None.
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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.
ARI AI�ICIA DUAR ,
City Clerk
City Council Minutes
Regular Meeting — July 23, 2019 7
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