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HomeMy WebLinkAbout01b. Minutes - 09-10-19 - Regular MeetingCity Council Minutes Regular Meeting – September 10, 2019 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING SEPTEMBER 10, 2019 The City Council of the City of Downey held a Regular City Council Meeting on September 10, 2019, at 6:37 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 (excused) Blanca Pacheco Mayor Pro Tem Sean Ashton Council Member Claudia Frometa Council Member (excused) Alex Saab Council Member ALSO PRESENT: Gilbert Livas, City Manager 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 Aldo Schindler, Community Development Director Anil Gandhy, Finance Director James McQueen, Human Resources Director Alicia Duarte, CMC, City Clerk The Invocation was delivered by Reverend Lisa Ives. The Pledge of Allegiance was led by Council Member Ashton. COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE/MEETING REPORTS Council Member Saab welcomed the audience to the meeting. He acknowledged Michael Calvert in the audience. He thanked Our Lady of Perpetual Help Church for the Blue Mass in honor of Downey Police Officers and Firefighters. He announced upcoming events: September 11 Remembrance Ceremony; ribbon cutting at Crystal Cave Car Wash; Friends of the Downey Library Fundraiser at Black Bear Diner; and, the International Food & Music Festival. He requested staff review the Downey Municipal Code to implement a scooter pilot program. Council Member Ashton welcomed the audience to the meeting. He reported attending the Metro’s West Santa Ana Light Rail Project presentation. He announced upcoming events: International Food & Music Festival and Keep Downey Beautiful Clean Up event at Rio San Gabriel Park. He requested staff return to Council with an update of the bicycle program. Mayor Pro Tem Pacheco welcomed the audience to the meeting. She acknowledged Gonzalo and Marianna Pacheco in the audience. She reported attending the Downey Chamber of Commerce City Affairs meeting; groundbreaking ceremony at Golden Park; 40th Anniversary of Southern California Resource Service for Independent Living; and, Workforce Development conference as a Policy Board Member of Southeast Los Angeles County. She reported on the Independent Contractors session and the Generations session. She announced upcoming events: Financial Partners Credit Union Economic Forum and the Downey Symphonic Society Afternoon Garden Party. City Council Minutes Regular Meeting – September 10, 2019 2 PRESENTATIONS: None. PUBLIC HEARING 1. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A ZONE CHANGE DESIGNATION FOR PROPERTY LOCATED AT 7224 FLORENCE AVENUE, THEREBY CONVERTING THE SOUTH 46 FEET OF THE PROPERTY FROM P-B (PARKING BUFFER) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL): Community Development. Mayor Pro Tem Pacheco opened the Public Hearing at 6:51 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Council Member Ashton, 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 regarding the P-B (Parking Buffer) zoning for the property located at 7224 Florence Ave. She stated the zone change recommendation to R-3 (Multiple-Family Residential) resulted from a Site Plan Review and Conditional Use Permit application for a proposed construction of a 12 unit multiple-family project. Council Member Saab requested confirmation that the P-B zone is obsolete in the Downey Zoning Map. City Planner Landavazo confirmed the P-B zone designation is obsolete in the Downey Zoning Map. Mayor Pro Tem Pacheco opened this item for public comment at 6:55 p.m. Having no one come forward, Mayor Pro Tem Pacheco closed public comment at 6:55 p.m. It was moved by Council Member Saab, seconded by Council Member Ashton and approved unanimously with Council Member Frometa and Mayor Rodriguez excused to introduce an Ordinance of the City Council of the City of Downey approving a zone change designation for property located at 7224 Florence Avenue, thereby converting the South 46 feet of the property from P-B (Parking Buffer) to R-3 (Multiple-Family Residential). 2. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING VARIOUS SECTIONS OF ARTICLE VI AND ARTICLE IX OF THE MUNICIPAL CODE REGARDING REGULATIONS FOR THE ESTABLISHMENT AND OPERATION OF MASSAGE ESTABLISHMENTS: Community Development. Mayor Pro Tem Pacheco opened the Public Hearing at 6:57 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Council Member Ashton, 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 Municipal Code amendments related to massage establishments since the the adoption of SB 731, also known as the Massage Therapy Act, by the State of California in 2008. She reported on the review process of the Massage Therapy Act; and, new key regulatory features being recommended to amend the City’s Municipal Code relating to massage establishments. Council Member Saab inquired about the background check standards for the establishment owners. City Planner Landavazo stated the background checks are tied to police permits where certain crimes such as prostitution or sex crimes would prohibit staff from approving a permit for the establishment. City Council Minutes Regular Meeting – September 10, 2019 3 Captain Leslie Murray stated that there are additional violations in the Penal Code that would trigger a denial such as drug related convictions and a criterion to provide truthful information on their application. City Planner Landavazo commented on the background check renewal requirement, appeal process when a police permit is denied, operational standard requirements, and the provision for the Police Department or any representative of the City to inspect the property at any time to ensure compliance. Council Member Ashton inquired about the City’s process to ensure the massage establishments hire Certified Massage Therapists. City Planner Landavazo explained the three opportunities the City has to verif y an establishment is compliant is during the initial application process; when the City receives a notification from the California Massage Therapy Council; and/or at the two year recertification cycle. Mayor Pro Tem Pacheco opened this item for public comment at 7:05 p.m. Speaker, no name provided, commented regarding background checks for massage therapists. City Planner Landavazo stated the individual technicians are required to receive background checks from the California Massage Therapy Council and are renewed on a two year cycle. Having no one else come forward, Mayor Pro Tem Pacheco closed public comment at 7:09 p.m. It was moved by Council Member Saab, seconded by Council Member Ashton and approved unanimously with Council Member Frometa and Mayor Rodriguez excused to introduce an Ordinance of the City Council of the City of Downey amending various Sections of Article VI and Article IX of the Municipal Code regarding regulations for the establishment and operation of massage establishments. NON-AGENDA PUBLIC COMMENT Mayor Pro Tem Pacheco opened non-agenda public comment. Joe Serrano, resident, commented regarding the Parks and Recreation programs, preservation of tennis courts at Furman Park, various sporting events at City parks, and Public Records Requests. Chaday Munoz, resident, commented regarding Suicide Prevention Day and mental health awareness. She thanked the City Council for the mental health services the City provides. Council Member Saab announced the YMCA would be hosting a mental health fair in the near future. Anne Walters, resident, commented in opposition to tree planting; and, in support of sidewalk improvements. City Manager Livas provided information regarding the mandates on the City to accept and plant a certain number of trees due to the expansion of the I-5 Freeway. He referenced the City Council’s decision from the previous meeting to postpone the tree planting project until staff has the opportunity to review the locations where trees will be planted. He announced the City Council has spent approximately $15 million dollars in the last year on street repairs and improvements which is more funding spent than the previous 15 years combined. He explained how Measure S approved by the voters will allow the City continue making necessary street repairs and improvements. City Council Minutes Regular Meeting – September 10, 2019 4 Edna Ibarra, resident, commented regarding transparency, public comment period, tennis courts at Furman Park, street improvements, freedom of speech; and, against park closures. Maria, resident, commented regarding the various type of tree species to be planted and the street conditions on Florence Ave. between Brookshire Ave. and Downey Ave. Adrian Alvarez, resident, commented regarding preservation of tennis courts at Furman Park, promoting diversity in sports, and the demographics of the population in Downey. Jackie Cardona, resident, commented regarding neighborhood watch involvement; transients, homeless and public safety issues in the Rio San Gabriel Park area; and, plausibility of preferential parking districts. City Manager Livas provided comments regarding the preferential parking district process. He stated the City is nearly 40% renter occupied and commented regarding changes to the demographics of single family dwelling neighborhoods; and, provided information regarding the parking challenges citywide. He stated the City is committed to preventing homelessness and has partnered with local non- profits to invest in homeless prevention. He reaffirmed the City’s continued vigilance to help keep the homeless count down. Maria Berumen, resident, commented regarding public safety issues; homeless; and, combating homelessness. John Ramirez, resident, commented regarding preservation of the tennis courts at Furman and Apollo Parks. Margaret Weiser, resident, commented in opposition of any trees planted on her property. Speaker, no name provided, commented in support of trees planted in public right-a-ways; and, in opposition of a tree being planted in her yard. Rosie McCormick, resident, commented regarding transients in her neighborhood; public safety; street improvements; and, in support of tree planting in her neighborhood. Marcos Cruzado, resident, commented in support of additional tennis courts. Having no one else come forward, Mayor Pro Tem Pacheco closed public comment. Mayor Pro Tem Pacheco commented regarding the City’s objective to improve the streets citywide; and, reminded residents to contact the Downey Police Department regarding homeless issues. City Manager Livas thanked the audience for attending the meeting. He provided an overview of the strategic City Park Master Plan; various methods utilized for public outreach regarding park improvements; the numerous requests from the public for soccer and football fields outweighing the requests for tennis courts; and, the City’s challenges to balance public requests against a limited open green space. He mentioned the County has committed additional funding for new green space at the Rancho South Campus area. He stated the residents’ priority is public safety therefore 65% of the budget has been allocated towards the Police and Fire Departments. He addressed the public safety issues deriving from homelessness and reiterated the City’s commitment towards the prevention of homelessness. He provided a brief overview of the difficulties that the City has incurred in receiving funding from the State for street repairs; and, summarized the process of how streets are selected for rehabilitation. He added the major thoroughfares throughout the City are in the process of being rehabilitated. City Council Minutes Regular Meeting – September 10, 2019 5 CONSENT CALENDAR Mayor Pro Tem Pacheco asked if there was anyone present who would like to comment on Consent Calendar items. Having no one come forward, Mayor Pro Tem Pacheco closed public comment. Council Member Saab abstained from Item No. 6, due to the close proximity to his place of business. It was moved by Council Member Ashton, seconded by Council Member Saab and approved unanimously with Council Member Frometa and Mayor Rodriguez excused; and, Council Member Saab abstaining from Item No. 6 to approve the Consent Calendar. 3. APPROVED MINUTES: Special Meeting Minutes of August 27, 2019: City Clerk. 4. WARRANTS ISSUED: Warrant Nos. 336486 – 336934; Payroll Wire Nos. 30003907 & 30003913 – 30003915; and, Manual Wire Nos. 1902 – 1910 in the total amount of $5,968,542.96: Finance. 5. AWARDED CONSTRUCTION CONTRACT IN THE AMOUNT OF $53,445 TO CALIFORNIA PROFESSIONAL ENGINEERING, INC. FOR THE BROOKSHIRE AVE. AT EVEREST ST. TRAFFIC SAFETY ENHANCEMENTS; AND, AUTHORIZED THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE-OF- WORK DEEMED NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 20-29): Public Works. 6. AWARDED CONSTRUCTION CONTRACT TO WILLIAMS PIPELINE CONTRACTORS, INC. IN THE AMOUNT OF $54,850 FOR THE 4TH PLACE WATER MAIN EXTENSION; AND, AUTHORIZED THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK DEEMED NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT BUDGET (MISCELLANEOUS PROJECT NO. 343): Public Works. 7. AP PROVED THE FUNDING AGREEMENT WITH THE LOS ANGELES METROPOLITAN TRANSPORTATION AUTHORITY (METRO) FOR THE FIRESTONE BLVD. IMPROVEMENT PROJECT (OLD RIVER SCHOOL RD. – WEST CITY LIMIT); AND, AUTHORIZED THE CITY MANAGER TO EXECUTE THE AGREEMENT: Public Works. 8. ADOPTED RESOLUTION NO. 19-7900, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE SIDE LETTER AGREEMENT TO THE 2017-2020 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY POLICE MANAGEMENT ASSOCIATION: Human Resources. 9. ADOPTED RESOLUTION NO. 19-7901, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE APPROVAL OF THE AGREEMENT BETWEEN THE CITY AND THE STATE OF CALIFORNIA RELINQUISHING THE WEST SIDE (SOUTHBOUND DIRECTION) OF LAKEWOOD BOULEVARD (STATE ROUTE 19) BETWEEN GARDENDALE STREET AND CENTURY BOULEVARD TO THE CITY: Public Works. City Council Minutes Regular Meeting – September 10, 2019 6 ADMINISTRATIVE REPORT After discussion Item No. 10 was tabled to a future meeting. 10. LEASE AGREEMENT WITH VERIZON WIRELESS FOR CELL TOWER SITE AT CITY OF DOWNEY PUBLIC WORKS MAINTENANCE YARD: Community Development. 1) INTRODUCE ORDINANCE NO. 19-______, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A LAND LEASE AGREEMENT AND MEMORANDUM OF LEASE WITH SMSA LIMITED PARTNERSHIP DOING BUSINESS AS VERIZON WIRELESS; AND, 2) APPROVE A LEASE AGREEMENT AND MEMORANDUM OF LEASE AGREEMENT WITH LOS ANGELES SMSA LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, DBA VERIZON WIRELESS FOR A CELL TOWER SITE AT THE CITY OF DOWNEY, PUBLIC WORKS DEPARTMENT MAINTENANCE YARD. Director Schindler presented the staff report for this item. He provided a brief history related to the selection of the proposed cell tower site at the Public Works Yard and presented theme options for the tower. Council Member Saab inquired about the proposed aesthetics for the cell tower. Director Schindler confirmed the tower would be designed as a pine tree, referred to as a monopine. Director Schindler explained it has taken Verizon and City staff approximately three years to discuss the terms of the lease. The discussions include monthly rate, yearly increments, extension options for a 30 year total lease, Fire and Police Department access to the tower in the event of an emergency; and, termination options. Discussion ensued amongst the City Council and staff regarding negotiations related to term and payments associated to the lease; emergency access to tower; equipment ownership; maintenance; and, removal of the tower upon termination of the lease. Council Member Ashton inquired about the obstruction of access imposed on Public Works staff during the installation of the cell tower. Supervisor of Maintenance and Facilities Josef Kekula confirmed that access to City staff or City vehicles would not be impeded by the installation of the tower. Council Member Saab inquired regarding Verizon’s policy related to aesthetics and maintenance of the tower; and, if the location and visibility of the tower had any impact on Verizon’s decisions. Michael Farraher, Verizon Wireless, confirmed the aesthetics are individually determined based upon the specific site design and went on to say Verizon aims to maintain the towers in the fashion in which they were intended to be maintained. He stated Verizon’s policy is to maintain each tower in optimal working order and as functional as possible. Council Member Saab voiced his concerns regarding the maintenance of existing towers throughout the City; and, the lack of response from Verizon to remedy the concerns and requests brought forth by City staff. He expressed the need for Verizon to create and implement a maintenance plan for the existing towers in the City and stated he was not in favor of approving the proposed cell tower lease until the City’s concerns were addressed. City Council Minutes Regular Meeting – September 10, 2019 7 Council Member Ashton recommended postponing the item to a future meeting to allow Verizon to return with a maintenance plan for the tower sites in the City. Mayor Pro Tem Pacheco opened this item for public comment. Nelson Olvera, resident, commented against the installation of another cell tower. Marianne Newark, Reliant Land Services, commented regarding the conditions of approval in the proposed lease agreement that occurred during negotiations. Having no one else come forward, Mayor Pro Tem Pacheco closed public comment. It was moved by Council Member Saab, seconded by Council Member Ashton and approved unanimously with Council Member Frometa and Mayor Rodriguez excused, to postpone this item to a future meeting, date uncertain. STAFF MEMBER COMMENTS: None. ADJOURNMENT Mayor Pro Tem Pacheco adjourned the Regular City Council meeting at 8:35 p.m. in memory of Master Sgt.Luis F. DeLeon-Figueroa, 31, of Chicopee, Massachusetts and Master Sgt. Jose J. Gonzalez, 35, of La Puente, California who were supporting Operation Freedom's Sentinel; Marjorie Frisco, longtime Downey resident; Victims of the tragedy off Santa Cruz Island; Victims of September 11; and, Victims of Hurricane Dorian. MARIA ALICIA DUARTE, CMC BLANCA PACHECO City Clerk Mayor Pro Tem