HomeMy WebLinkAbout01b. Minutes - 08-13-19 - Regular MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
AUGUST 13, 2019
The City Council of the City of Downey held a Regular City Council Meeting on August 13,
2019, at 6:36 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue,
Downey, California, Mayor Rodriguez presiding.
Rick Rodriguez Mayor
Blanca Pacheco Mayor Pro Tem
Sean Ashton Council Member
Claudia Frometa Council Member
Alex Saab Council Member (excused)
ALSO PRESENT: John Oskoui, Assistant 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 Mayor
Pro Tem Pacheco.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Frometa welcomed the audience to the meeting. She acknowledged Michael
Calvert and Greg Welch in the audience. She reported attending the Downey Federal Credit Union
"Bite of Reality" event and the M.A.D.E. culmination. She thanked the community, Mayor Pro Tem
Pacheco, and Assistant to the City Manager De Rojas for the success of the Girls on Fire Summer
Program. She thanked Chief Milligan for his support of the program; and, thanked City Attorney Abich
Garcia for her participation.
Council Member Ashton welcomed the audience to the meeting. He announced upcoming
events: Rocket Fever; Red Cross Blood Drive; and, the groundbreaking ceremony at Independence
Park. He reminded the audience that tomorrow is the first day of school for Downey Unified School
District and asked that they plan accordingly due to the ongoing construction on Paramount Blvd. He
participated in the 1St Cohort University of Southern California Sol Price on Leadership Alliance. He
requested staff provide the Council with a quarterly Budget Expenditure Report; and, asked staff to
provide the Council with an update on the Neighborhood Branding Project.
City Council Minutes
Regular Meeting — August 13, 2019
Mayor Pro Tem Pacheco welcomed the audience to the meeting. She acknowledged Michael
Calvert, Michael Chirco, and Captain Mark McDaniels in the audience. She thanked Mr. Calvert for his
participation in the Girls on Fire Program and for the Downey Chambers Commerce's sponsorship of
the program. She reported attending the M.A.D.E. culmination and commented on her involvement in
the M.A.D.E. program. She commented on her participation in the Girls on Fire Summer Program. She
thanked Assistant to the City Manager De Rojas for her work and thanked Captain Murray, Lieutenant
Mendoza, and all the Officers involved in the program. She also thanked City Attorney Abich Garcia
and Council Member Frometa for their participation. She reported attending the League of California
Cities L.A. Division Installation Dinner and announced she was sworn in as the Vice President of the
League of California Cities L.A. Division; and, mentioned Council Member Juan Garza of the City of
Bellflower was sworn in as the President. She thanked Mayor Rodriguez and Council Member Ashton
for their support at the League's dinner. She reported attending the Gangs Out of Downey Backpack
Give Away; National Night Out; and, the Neighborhood Watch Meeting at Calvary Chapel. She
requested staff address the homeless gathering at Calvary Chapel.
Mayor Rodriguez thanked the audience for allowing him to sit in his seat on the City Council.
He reported attending the League of California Cities L.A. Division Installation Dinner, the Retirement of
Mayor Diane Martinez of the City of Paramount; Downey Chamber of Commerce's Let's Do Lunch;
Annual Pediatric Cancer Survival Carnival at Kaiser; Gangs Out of Downey Backpack Give Away;
National Night Out; Downey Dolphin's Swim meet; Backpack Give Away at Calvary Church and Desert
Reign Church; Movie Night with the Mayor; Clergy Council Meeting; and, Coyotes Out of Downey
(COOD) meeting. He thanked Assistant to the City Manager De Rojas for her work with COOD. He
thanked Chief Milligan and Chief Gillaspie for their work on the National Night Out event. He reported
meeting with the Mayor of the City of Whittier to discuss the creation of a Clergy Council to assist with
the homeless issues. He announced upcoming events: L.A. Department of Mental Health Service Area
7 Employment Opportunity and Wellness Resource Fair and Rocket Fever.
1. Presentation to the City Council by Jeff Klein of Los Angeles County Registrar -Recorder regarding
Voting Solutions for All People (VSAP).
PUBLIC HEARING
1. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING A ZONE CHANGE REZONING PROPERTY LOCATED AT 13034 DOWNEY
AVENUE FROM C-2 (GENERAL COMMERCIAL) AND P -B (PARKING BUFFER) TO C-1
(NEIGHBORHOOD COMMERCIAL): Community Development.
Mayor Rodriguez opened the Public Hearing at 7:28 p.m. City Clerk Duarte affirmed receipt of
the Proof of Publication. It was moved by Council Member Ashton, seconded by Council Member
Frometa, and so ordered by the Mayor to receive and file. City Clerk Duarte reported no
correspondence was received.
City Planner Crystal Landavazo presented the staff report for this item. She provided a brief
history of the current zoning and the recommended zone change for the property located at 13034
Downey Ave. which resulted from a Site Plan Review and Conditional Use Permit application. She
stated the proposed project is the construction of a 7 -Eleven convenience store and staff's
recommendations is to approve the zone change.
Council Member Ashton requested clarification whether the C-2 zoning would remain on the
proposed property. City Planner Landavazo stated the C-2 zoning is for the adjacent apartment
complex property not the proposed property.
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Regular Meeting — August 13, 2019 2
Mayor Rodriguez opened this item for public comment at 7:33 p.m.
Armando Herman, resident, commented regarding the location of the trash receptacles,
homeless encampments, and public figures.
Having no one else come forward, Mayor Rodriguez closed public comment at 7:38 p.m.
It was moved by Council Member Frometa, seconded by Mayor Pro Tem Pacheco and
approved unanimously with Council Member Saab excused to introduce an Ordinance of the City
Council of the City of Downey approving a zone change rezoning property located at 13034 Downey
Ave. from C-2 (General Commercial) and P -B (Parking Buffer) to C-1 (Neighborhood Commercial).
NON -AGENDA PUBLIC COMMENT
Mayor Rodriguez opened non -agenda public comment.
Joe Serrano, resident, commented regarding the U.S. Tennis Association Net Tennis Camp
held at Furman Park. He thanked Recreation Supervisor Heidi Lockwood and Parks and Recreation
staff for a magnificent job and inquired if Ms. Lockwood can receive recognition for a job well done.
Armando Herman, resident, commented regarding an incident that occurred at a Downtown
Downey Restaurant, Americans with Disabilities Act, and Freedom of Speech.
Assistant to the City Manager De Rojas commented regarding the actions taken on behalf of the
City and announced any further issues at local restaurants would need to be referred to the Department
of Justice.
Having no one else come forward, Mayor Rodriguez closed public comment.
CONSENT CALENDAR
Mayor Rodriguez asked if there was anyone present who would like to comment on Consent
Calendar items.
Armando Herman, resident, commented regarding Item No. 12 and Measure S infrastructure
and facilities improvement projects.
Having no one else come forward, Mayor Rodriguez closed public comment.
Council Member Ashton pulled Item Nos. 10 and 15 for separate discussion.
City Attorney Abich Garcia commented regarding the non -substantive changes made to the
Harry Howard Professional Service Agreement Item No. 12. She stated copies of the revised
agreement were provided to the City Council and copies were placed in the back of the room for the
public.
It was moved by Council Member Frometa, seconded by Council Member Ashton and approved
unanimously with Council Member Saab excused to approve the remainder of the Consent Calendar
with Council Member Ashton pulling Item Nos. 10 and 15 for separate discussion.
2. APPROVED MINUTES: Special Meeting Minutes of July 9, 2019 and Regular Meetings of June 25,
2019; July 9, 2019; and, July 23, 2019: City Clerk.
City Council Minutes
Regular Meeting — August 13, 2019 3
3. WARRANTS ISSUED: Warrant Nos. 335337 — 336001 (Voided Check No. 335766); Payroll Wire
Nos. 30003898 — 30003902 and 30003904 — 30003906; and, Manual Wire Nos. 1871 — 1894 in the
total amount of $22,993,208.63: Finance.
4. ACCEPTED WORK FOR THE PARAMOUNT BLVD. WATER SYSTEM IMPROVEMENTS:
APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $1,054,469; AND,
AUTHORIZED THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE THE NOTICE
OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 18-17): Public Works.
5. ACCEPTED OF WORK FOR THE ELECTRIC VEHICLE CHARGING STATIONS PROJECT —
PHASE 2: APPROVED FINAL CONSTRUCTION CONTRACT AMOUNT OF $130,975.62; AND,
AUTHORIZED THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO FILE THE NOTICE OF
COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 19-15): Public Works.
6. ACCEPTED WORK FOR THE CIVIC CENTER DR. AND HALL RD. WATER SYSTEM
IMPROVEMENTS: APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF
$414,680; AND, AUTHORIZED THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE
THE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 19-18): Public
Works.
7. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH PACRIM ENGINEERING IN
THE AMOUNT OF $193,310 FOR ENVIRONMENTAL AND DESIGN SERVICES FOR THE
LAKEWOOD BLVD. AND FIRESTONE BLVD. INTERSECTION IMPROVEMENTS;
AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT; AND, AUTHORIZED THE CITY
MANAGER TO EXECUTE ANY AND ALL AMENDMENTS (CAPITAL IMPROVEMENT PROJECT
NO. 14-09) : Public Works.
8. APPROVED THE PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR
CONSTRUCTION BIDS FOR THE FIRESTONE BLVD. PAVEMENT REHABILITATION,
(CAPITAL IMPROVEMENT PROJECT NO. 19-09): Public Works.
9. AUTHORIZED THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING
(MOU) WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
PROVIDING $4,060,000 IN MEASURE R GRANT FUNDING FOR THE LAKEWOOD BLVD. AT
IMPERIAL HWY. IMPROVEMENTS; AND, AUTHORIZED THE CITY MANAGER TO MAKE ANY
AMENDMENTS TO THE MOU DEEMED NECESSARY (CAPITAL IMPROVEMENT PROJECT
NO. 19-08): Public Works.
11. APPROVED THE LEXIS ADVANCE SUBSCRIPTION AGREEMENT FOR STATE/LOCAL
GOVERNMENT WITH LEXISNEXIS, AND, AUTHORIZED THE CITY ATTORNEY TO EXECUTE
THE AGREEMENT: City Attorney.
12. APPROVED AN AGREEMENT IN THE AMOUNT OF $240,000 WITH HARRY S. HOWARD TO
PROVIDE CONSTRUCTION SUPERINTENDENT SERVICES AS RELATED TO THE
IMPLEMENTATION OF THE MEASURE S INFRASTRUCTURE AND FACILITIES
IMPROVEMENT PROGRAM; AND, AUTHORIZED THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE THE CONTRACT: Administration.
13. AUTHORIZED THE CITY MANAGER TO APPROVE AN AGREEMENT BETWEEN THE CITY OF
DOWNEY AND THE DOWNEY UNIFIED SCHOOL DISTRICT FOR SCHOOL RESOURCE
OFFICER SERVICES FOR THE POLICE ON CAMPUS PROGRAM: Police.
City Council Minutes
Regular Meeting — August 13, 2019 4
14. RE -INTRODUCED ORDINANCE AMENDING PROVISIONS OF THE DOWNEY MUNICIPAL
CODE ESTABLISHING A SIDEWALK VENDING PROGRAM: Public Works.
INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING PROVISIONS OF THE DOWNEY MUNICIPAL CODE ESTABLISHING A
SIDEWALK VENDING PROGRAM
16. ADOPTED ORDINANCE NO. 19-1414, 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.
17. ADOPTED RESOLUTION NO. 19-7894, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING THE APPOINTMENT OF MARIO TRUJILLO TO THE RECREATION
AND COMMUNITY SERVICES COMMISSION FOR COUNCIL DISTRICT 1: Mayor Pro Tem
Pacheco.
18. ADOPTED RESOLUTION NO. 19-7895, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING THE APPOINTMENT OF LENORA PERRI TO THE URBAN FOREST
MANAGEMENT PLAN WORKGROUP FOR COUNCIL DISTRICT 1: Mayor Pro Tem Pacheco.
19. ADOPTED RESOLUTION NO. 19-7896, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING THE APPOINTMENT OF DON LAMKIN TO THE URBAN FOREST
MANAGEMENT PLAN WORKGROUP FOR COUNCIL DISTRICT 3: Mayor Rodriguez.
20. ADOPTED RESOLUTION NO. 19-7897, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING THE APPOINTMENT OF CATHERINE PANNELL-WATERS TO THE
URBAN FOREST MANAGEMENT PLAN WORKGROUP FOR COUNCIL DISTRICT 4: Council
Member Frometa.
21. ADOPTED RESOLUTION NO. 19-7898, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING THE APPOINTMENT OF GEORGE REDFOX TO THE URBAN
FOREST MANAGEMENT PLAN WORKGROUP FOR COUNCIL DISTRICT 5: Council Member
Saab.
22. ADOPTED THE FISCAL YEAR 2019-20 INVESTMENT POLICY FOR PUBLIC FUNDS OF THE
CITY OF DOWNEY AND ITS RELATED ENTITIES: Finance.
23. AUTHORIZED STAFF TO SUBMIT A GRANT REQUEST FOR THE 2019 EDWARD BYRNE
MEMORIAL JUSTICE GRANT (JAG) PROGRAM LOCAL SOLICITATION: Police.
24. APPROVED THE DONATION OF ONE GOLF FOURSOME OF GOLF AT THE RIO HONDO
GOLF COURSE IN SUPPORT OF THE DOWNEY KIWANIS CLUB: Council Member Saab.
25. APPROVED A WAIVER OF FEES FOR THE LOS ANGELES COUNTY OFFICE OF EDUCATION
ANNUAL STAFF APPRECIATION EVENT TO BE HELD SEPTEMBER 13, 2019 AT THE RIO
SAN GABRIEL PICNIC SHELTER: Parks & Recreation.
OTHER BUSINESS
15. INTRODUCED AN ORDINANCED OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING DOWNEY MUNICIPAL CODE ARTICLE II, CHAPTER 1, SECTION 2105
REGULATING THE RULES OF CONDUCT FOR CITY COUNCIL MEETINGS: City Attorney.
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Regular Meeting — August 13, 2019 5
City Attorney Abich Garcia presented the staff report. She provided comments regarding
direction the City Council provided staff at the May 14 City Council meeting regarding substantive
changes to the meeting rules by consolidating the public comment periods. She stated the ordinance
before the City Council includes changes to address how the City Council handles the Consent
Calendar items and provided a brief summary of the Consent Calendar's current process related to
public comments. In order to provide efficiency to the meeting, one proposed change is to allow for
public comment on all Consent Calendar items upfront; and, if an item is pulled for future discussion the
Council will no longer be required to take further public comment. If the City Council chooses to allow
additional public comment on the pulled Consent Calendar item language has been added to allow this
flexibility. She commented regarding the proposed language referencing large items brought into the
Council Chambers, if allowed by the Mayor. This was changed to reflect the First Amendment, if the
item causes interference with the meeting or impedes the public's ability to participate in the meeting
then the person can be asked to remove the item from the Council Chambers.
Council Member Ashton inquired if it is at the discretion of the Mayor to allow public comment
on the Consent Council items pulled by a Council Member or would it be at the Council Member's
discretion. City Attorney Abich Garcia confirmed generally it is the Presiding Officer's discretion or three
Council Members are able to make the decision.
Mayor Rodriguez asked if there was anyone present who would like to comment on Item No. 15
Armando Herman, resident, commented regarding the regulations of the rules of conduct and
Freedom of Speech;
Having no one else come forward, Mayor Rodriguez closed public comment.
It was moved by Mayor Pro Tem Pacheco, seconded by Council Member Frometa and carried
unanimously with Council Member Saab excused to introduce an Ordinance of the City Council of the
City of Downey amending Downey Municipal Code Article 11, Chapter 1, Section 2105 regulating the
Rules of Conduct for City Council Meetings.
10. AUTHORIZED THE POLICE DEPARTMENT TO PURCHASE A TACTICAL ARMORED VEHICLE
"BEARCAT" FROM LENCO ARMORED VEHICLES: Police.
Chief Milligan provided the staff report. He provided comments regarding recent active shooter
event where a suspect was shooting at officers in transit and the Department was forced to wait a
substantial amount of time for the tactical armored vehicles to arrive from other jurisdictions to assist.
Council Member Ashton asked how the situation could have been handled if the Downey
Police Department owned a tactical armored vehicle.
Chief Milligan stated had the Police Department owned a tactical armored vehicle, it would
have provided a safer area and a quicker response with a peaceful resolution to that specific situation.
He commented regarding the current vehicles only have bullet proof panels in the doors and does not
provide for protection to the Officers from the roof or glass leaving the Officers exposed to gun fire.
Mayor Rodriguez mentioned the Kaiser active shooter incident and said having a tactical
armored vehicle in this incident would have allowed Officers to extract innocent by standers from the
hostile area.
Council Member Frometa inquired if the purchase of the tactical armored vehicle was included
in the Fiscal Year 2019-20 Budget. She also asked if one vehicle is enough or if additional vehicles are
needed or could upgrades be made to other vehicles.
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Regular Meeting — August 13, 2019 6
Mayor Rodriguez stated recently the City requested federal funding from the Senate for public
safety and the City was denied. He stated the equipment is needed by the Police Department and
hopefully one vehicle will be sufficient.
Mayor Rodriguez asked if there was anyone present who would like to comment on Item No. 10.
John Lacey, resident, commented regarding the cost associated with the purchase of the
vehicle. Council Member Ashton provided the breakdown and total cost of $319,843.60 to purchase the
unit.
Armando Herman, resident, commented regarding de-escalation training, opposed the purchase
of the tactical armored vehicle, and political figures.
Having no one else come forward, Mayor Rodriguez closed public comment.
It was moved by Mayor Pro Tem Pacheco, seconded by Council Member Ashton and carried
unanimously with Council Member Saab excused to authorize the Police Department to Purchase a
Tactical Armored Vehicle "Bearcat" from Lenco Armored Vehicles.
ADMINISTRATIVE REPORT
26. ESTABLISHED A 2020 UNITED STATES CENSUS AD HOC SUBCOMMITTEE AND
APPOINTED TWO MEMBERS OF THE CITY COUNCIL TO SERVE ON THE AD HOC
SUBCOMMITTEE AS RELATED TO THE CITY OF DOWNEY'S PARTICIPATION IN THE
2020 UNITED STATES CENSUS: Community Development.
Community Development Director Schindler presented the staff report. He provided a brief
history regarding staff's involvement with the Local Update of Census Address Operation, providing
assistance with residential address corrections and collections; and, reviewing and updating current
City maps to provide accurate address lists.
Council Member Ashton nominated Mayor Pro Tem Pacheco and Council Member Frometa to
serve on the Ad Hoc Subcommittee.
Mayor Rodriguez asked if there was anyone present who would like to comment on this item.
Armando Herman, resident, commented in opposition of the 2020 Census, homeless Veterans,
and political figures.
Having no one else come forward, Mayor Rodriguez closed public comment.
It was moved by Council Member Ashton, seconded by Mayor Rodriguez and carried
unanimously with Council Member Saab excused to establish a 2020 United States Census Ad Hoc
Subcommittee and appoint Mayor Pro Tem Pacheco and Council Member Frometa to serve on the Ad
Hoc Subcommittee as related to the City of Downey's participation in the 2020 United States Census.
27. DESIGNATED VOTING DELEGATE AND ALTERNATE(S) FOR LEAGUE OF CALIFORNIA
CITIES ANNUAL CONFERENCE, OCTOBER 16-18,2019, IN LONG BEACH: Administration.
ADOPTED RESOLUTION NO. 19-7899, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY DESIGNATING A VOTING DELEGATE AND ALTERNATE(S) FOR
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE, OCTOBER 16-18, 2019, IN
LONG BEACH
City Council Minutes
Regular Meeting — August 13, 2019 7
Assistant to the City Manager De Rojas provided the staff report. She provided a brief history
regarding the appointment of a voting delegate and alternate(s) for the League of California Cities
Annual Conference.
Council Member Ashton nominated Mayor Pro Tem Pacheco as the Voting Delegate and
Council Member Frometa as the Alternate.
Mayor Rodriguez amended the motion and nominated Council Member Saab as the 2nd
Alternate.
Mayor Rodriguez asked if there was anyone present who would like to comment on this item.
Armando Herman, resident, commented regarding the League of California Cities, Gateway
Cities, and political figures.
Having no one else come forward, Mayor Rodriguez closed public comment.
It was moved by Council Member Ashton, seconded by Mayor Rodriguez and carried
unanimously with Council Member Saab excused to adopt Resolution No. 19-7899, a Resolution of the
City Council of the City of Downey Designating Mayor Pro Tem Pacheco as Voting Delegate, Council
Member Frometa as 1St Alternate and Council Member Saab as the 2nd Alternate for the League of
California Cities Annual Conference, October 16-18, 2019, in Long Beach.
STAFF MEMBER COMMENTS: None.
ADJOURNMENT
Mayor Rodriguez adjourned the Regular City Council meeting at 8:42 p.m. in memory of Larry
Latimer, Author and Historian; Police Officer Juan Diaz, Los Angeles Police Department; victims of the
shooting in Gilroy, CA; victims of the shooting in EI Paso, TX; victims of the shooting in Dayton, OH;
and, Andre Moye, 34, California Highway Patrol Officer, killed in the line of duty.
MARIA ALICIA DUARTE, CMC RICK RODRIGUEZ
City Clerk Mayor
City Council Minutes
Regular Meeting — August 13, 2019 8