HomeMy WebLinkAboutMinutes 09-10-19 Regular MeetingILINUTES OF AE
CITY COUNCIL OF THE CITY OF DOWNEI
REGULAR MEETING
SEPTEMBER n
, 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- •UNCEMENTS; REQUESTS FOR FUTURE AGENDA
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
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 2
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 verify 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.
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 1-5 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 3
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 4
•
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.
't if • • i • • • ••
6. AWARDED CONSTRUCTION • -.; • WILLIAMS PIPELINE CONTRACTORS,
THE • OF $54,850 FOR• AND,
AUTHORIZEDDIRECTOR OF PUBLIC WORKS/C11TYTO EXECUTE ANY
CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK DEEMED NECESSARY OR
DESIRABLE UP TO APPROVED PROJECT(MISCELLANEOUS• •<
Public Works.
City Council Minutes
Regular Meeting — September 10, 2019 5
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.
INTRODUCEORDINANCE NO. ORDINANCE OF • OF
THE CITY OF DOWNEY APPROVINGr LEASE AGREEMENT AND
MEMORANDUM OF r PARTNERSHIP DOING
VERIZONAND,
• r •' r
r• I• r -r
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 6
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.
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. -
4AR ALI�ADUAR E, CMC
City Clerk
City Council Minutes
Regular Meeting — September 10, 2019
BLANCA AHECO
Mayor Pro Tem
7