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HomeMy WebLinkAboutMinutes 10-08-19 Regular MeetingMINUTES OF COUNCILCITY OF OF DOWNE REGULAR MEETING OCTOBER The City Council of the City of Downey held a Regular City Council Meeting on October 8, 2019, at 6:30 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Pro Tem Pacheco presiding. Council Members: Rick Rodriguez Blanca Pacheco Sean Ashton Claudia Frometa Alex Saab Mayor Mayor Pro Tem Council Member Council Member 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 (excused) The Invocation was delivered by Joseph Luisi. The Pledge of Allegiance was led by Council Member Frometa. COUNCIL:s • REQUESTS • '' AGENDA ITEMS; CONFERENCE/MEETINGREPORTS Council Member Saab welcomed the audience to the meeting. He acknowledged Nolveris Frometa, Michael Calvert, and Dorothy Pemberton in the audience. He announced upcoming events: Business Watch Quarterly Meeting and ribbon cutting at Azar Event Center. He commented regarding Breast Cancer Awareness month and the Police Department's Pink Patch Project sale. He reported attending the California Contract Cities Association Fall Educational Summit and reported on the session regarding cybersecurity impacts to local governments. He requested an update regarding the City's cybersecurity plan. He announced Governor Newsom signed Assembly Bill 1482 Tenant Protection Act of 2019 into law and provided a brief overview regarding the bill which limits rent increases to a 5%, plus local inflation, in one year not to exceed 10%; the law is retroactive to March 15, 2019; and, applies to multi -family buildings built over 15 years ago. He commented regarding the tennis courts at Furman Park and stated the City based its decision on research and studies conducted; the Parks and Open Space Master Plan; and, meetings with various focus groups. Council Member Frometa welcomed the audience to the meeting. She commented regarding the ongoing Measure S Improvement Projects, provided alternate dog park information, and thanked the residents for their patience during the construction. She invited the audience to attend the Measure S Community Open House at the Barbara J. Riley Community and Senior Center. She reported attending USC Price School Local Leaders Academy; City of Bellflower's State of the City; Downey Kiwanis Club Installation Banquet; and, the Emergency Preparedness Fair. She thanked Emergency Manager Rakdy Khlok and the Fire Department for a successful event. She commented regarding a City Council Minutes Regular Meeting — October 8, 2019 visit from Delegates of Downey's Sister City, Fresnillo, Zacatecas. She mentioned the City's donation of a fire truck in 2018 to Fresnillo; and, fire fighters visiting Fresnillo train their Fire personnel. She reported attending the State of the Schools and announced Downey Unified School District's graduation rate is 94.9%, the highest of the neighboring districts. Council Member Ashton welcomed the audience to the meeting. He reported attending the USC Price School Local Leaders Academy. He announced upcoming events: Measure S Community Open House; Havana Nights Rooftop concert; the Police Department's Pink Patch Project to raise money for Breast Cancer Awareness; Mulch and Shredding events; Keep Downey Beautiful Clean Upt; Spooky Science Night; Downey Symphony Concert and Art Show; and, the Annual Art of Rancho Exhibition. Mayor Pro Tem Pacheco welcomed the audience to the meeting. She acknowledged Gonzalo and Marianna Pacheco, Captain Mc Daniel, Dorothy Pemberton and the youth in the audience. She announced participating as a Judge for the Miss Downey Pageant and congratulated the winners. She reported attending the State of the School and mentioned Downey Unified School District's graduation rate is 94.9%. She attended the Gangs Out of Downey Golf Tournament; California Contract Cities Association Fall Educational Summit and commented on the Generation Gap session where she served as a panelist. She commented on the meeting with the Mayor of Downey's Sister City Fresnillo, Zacatecas and announced the upcoming Downey Rose Float Association Parade of Winners Fundraiser event. • . • •, �, 1 1 1` 1 A THE R-1 ZONE: Community Development. Mayor Pro Tem Pacheco opened the Public Hearing at 7:03 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 Pro Tem to receive and file. City Clerk Duarte reported no correspondence was received. City Planner Crystal Landavaso presented the staff report for this item. She provided an overview of the Interim Urgency Ordinance No. 18-1404 which was adopted on November 27, 2018 prohibiting the City from approving the subdivision of large parcels that are 20,000 square feet or greater within the R-1 Zone. She stated staff's concerns over the City's utility infrastructure which arose after numerous requests to divide large lots; and, how the majority of the City is zoned for Single -Family residences. She presented results from staffs' Moratorium research including potential impacts on the neighborhoods if lots are subdivided. She stated why staff is requesting additional time to conduct a thorough analysis of the issue and requesting Council approve the second extension of the Moratorium as allowed by Government Code §65858. Council Member Ashton inquired whether or not the entire year was required for staff to conclude their analysis. Director Schindler replied that staff has requested a year since the past year had proven to be quite extensive in terms of the amount of work that was required. He mentioned staff would attempt to conclude their analysis prior to the year and return to Council with a report and recommendation. City Council Minutes Regular Meeting — October 8, 2019 2 Council Member Saab asked if any inquiries have been received regarding subdividing large parcels. Director Schindler responded that he has received a couple of inquiries per month from larger developers and realtors. Mayor Pro Tem Pacheco opened this item for public comment at 7:08 p.m. Armando Herman, resident, commented in opposition of extending the Moratorium. Bryan Heyman, resident, commented in support of continuing the Moratorium. Having no one else come forward, Mayor Pro Tem Pacheco closed public comment at 7:17 p.m. It was moved by Council Member Frometa, seconded by Council Member Saab and approved unanimously with Mayor Rodriguez excused to adopt an Interim Urgency Ordinance of the City Council of the City of Downey extending Interim Urgency Ordinance No. 18-1404 for an Additional 12 Months thereby continuing a temporary Moratorium on Subdividing Large Parcels (20,000 square feet and larger) in the R-1 Zone. NON -AGENDA PUBLIC COMMENT Mayor Pro Tem Pacheco opened non -agenda public comment. Catherine Alvarez, resident, commented in support of rent control and affordable housing. Resident, no name provided, commented regarding rent increase and Notice to Vacate. Edna Ibarra, resident, commented in opposition of the ongoing construction projects in the City; in support of rent control; benefits of a diverse community; Freedom of Speech; and, the Council's collaboration with its constituents. Armando Herman, resident, commented regarding poverty in the community; political figures; homelessness; in support of rent control; and, Freedom of Speech. Joseph Serrano, resident, commented regarding Freedom of Speech, First Amendment rights, and Freedom of Assembly; preservation of tennis courts at Furman Park; petition to stop the conversion of the tennis courts; Americans with Disabilities; in support of rent control; and, the hiring of the Measure S public relations consultant firm. Jocelyn Ortega, resident, commented regarding homelessness; in support of rent control; adversities faced by low-income families; and, the value of a good education system. Jessica Ortega, resident, commented in support of rent control; the benefits of an education; and, urged the Council for their support of affordable housing. Maria Gomez, resident, commented in support of rent control. Juan Coria, City of Bell resident, commented regarding parking enforcement issues on Adoree St. intersecting with Whitewood Ave.; and, in support of rent control. Margaret Villa, resident, commented in support of rent control; political leaders; free education and healthcare for all residents. Bryan Heyman, resident, commented in support of Mayor Rodriguez and the Mayor's right to privacy; he thanked the staff and City Council for their ethics and civic engagement. City Council Minutes Regular Meeting — October 8, 2019 3 Edwin Ortiz, resident, commented in support of rent control. Olga Garcia, resident, commented in support of Mayor Rodriguez and his right to privacy. She thanked the City and the TreePeople, Inc. for planting trees in the community; and, shared information about the benefits of trees. Andrea Vera, resident, commented regarding the benefits provided by Downey's educational system; and, in support of rent control. Resident, no name provided, commented in support of rent control; free health coverage and free education. Lawrence Christen, commented regarding use of appropriate language during the public comment period; civic engagement; benefits of being politically connected with the constituents; and, in support of preserving the tennis courts at Furman Park. Resident, no name provided, commented regarding Freedom of Speech; public comment process; civic engagement; poverty; political leaders; gentrification; in support of rent control; and, the limitations of Assembly Bill 1482 Tenant Protection Act of 2019. Cameron Rojas, resident, commented in support of rent control; and, adversities faced by low- income families. Adrian Alvarez, non-resident, commented in support of rent control; political gain; free education and health care for everyone. Resident, no name provided, commented regarding public comment period; in support of Mayor Rodriguez; and, mentioned the Council's efforts to prevent homelessness and their assistance to homeless families. Leslie Hernandez, resident, commented in support of rent control; in support of Mayor Rodriguez and his efforts to prevent homelessness; and, Freedom of Speech. Keith Eugene Ball, resident, commented regarding being a descendant of George Washington. Faraz, resident, wished Mayor Rodriguez a speedy recovery; in support of rent control; preservation of the tennis courts at Furman Park; alternative locations for the multi-purpose court; and, Downey Link's website and accuracy of the live mapping. John Lacy, resident, commented in appreciation of the public engagement; offered his best wishes for the Mayor's quick recovery; and, expressed his appreciation for the City of Downey. Having no one else come forward, Mayor Pro Tem Pacheco closed non -agenda public comment. RECESS/RECONVENE Mayor Pro Tem Pacheco recessed the City Council meeting at 9:04 p.m. Mayor Pro Tem Pacheco reconvened the City Council meeting at 9:15 p.m. with all Council Members present and Mayor Rodriguez excused. Assistant City Manager Oskoui provided a brief overview regarding the Parks and Open Space Master Plan and the challenge of limited green space in the City. He mentioned the deliberate process which took place in 2015-2016 obtaining information through Community Meetings, survey of user groups and various stake holders including the Downey Tennis Club. He stated the purpose in creating City Council Minutes Regular Meeting — October 8, 2019 4 the master plan was to evaluate the current and future needs of the residents through 2035. He mentioned the main recreational activities that were identified and how they are being implemented in the various parks throughout the City. He stated that tennis was not identified as one of the priority sports. He commented regarding the tennis court being converted to a multi-purpose court and explained the surface is not being removed rather it is being restriped. He added, in the future if the need arise to reconvert the multi-purpose court back to a tennis court it can easily be done by simply restriping the surface and changing the location of the posts. He stated the main objective is to utilize every possible square inch of the parks to the maximum capacity of the usage of open space. Mayor Pro Tem Pacheco asked if there was anyone present who would like to comment on Consent Calendar items. Armando Herman, resident, commented regarding Item Nos. 8, 12 and 13; subsidized rent vouchers; and, Measure S Funding. Having no one else come forward, Mayor Pro Tem Pacheco closed public comment. Council Member Saab abstained from Item Nos. 6 and 7, due to the close proximity to his residence and place of business. It was moved by Council Member Saab, seconded by Council Member Frometa and approved unanimously with Mayor Rodriguez excused, and Council Member Saab abstaining from Item Nos. 6 and 7, to approve the Consent Calendar. 2. APPROVED MINUTES: Regular Meeting of September 24, 2019: City Clerk. 3. WARRANTS ISSUED: Warrant Nos. 337260 — 337651; Payroll Wire Nos. 30003916 (dated 9/13/19, posted 9/20/19) and 30003921 — 30003923; and, Manual Wire Nos. 1913 — 1915 in the total amount of $3,488,334.16: Finance. 4. ACCEPTED WORK FOR THE CITYWIDE PAVEMENT RESTRIPING; APPROVED FINAL CONTRACT AMOUNT OF $46,960.27; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO FILE THE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 18-06): Public Works. r •' •- i i r r r i i i `• '• r •' ;r I gill 6. APPROVED rSPECIFICATIONS;AND, AUTHORIZE SOLICITATIONFOR CONSTRUCTION BIDS FOR FY 2019/20 SLURRY SEAL PROJECTr(CAPITAL IMPROVEMENT PROJECT NO. 20-02): Public Works. r •' •-YEN 9 =IZA J, F-11 I Z K*A 9:4Z 611 [*10 aims gals, I City Council Minutes Regular Meeting — October 8, 2019 5 MU -11 NA -11F-11 0 1 • r: • -M A. • - - •: • NOW r• • --• •: - • 11.ACCEPTED $300,000 IN SELECTIVE TRAFFIC ENFORCEMENT• ", r FOR FISCAL YEAR 2019-2020 FROM THE STATE OF CALIFORNIA - OFFICE OF TRAFFIC Police. WOVA61 a r• -'• -, r•,. M-1 13. APPROVED THE STREET CLOSUREAPPLICATION: i BY THE DOWNEY POLICE OFFICERS ASSOCIATION AND FRIENDS OF THE DOWNEY POLICE K9 FOUNDATION FOR • '' ON • cLAKEWOOD BLVD., BELLFLOWERr AND CONGRESSMAN STEVE HORNFOR FOR • i+` OF DOWNEY POLICE OFFICER RICARDO "RICKY" GALVEZ: Administration. • • • MUM •: 15. APPROVED DONATION OF ONE • • OF • - • HONDO GOLF FOR • OF DOWNEY CHARITYi • • " THE Ali TAKING PLACE • • 2019: •Member Saab. 56. APPROVED THE APPOINTMENTOF i THE 2019-20 DOWNEY YOUTJ • • Administration. 17. WAIVED ADMISSION FEES TO THE COLUMBIA•- `, FOR ALL GUESTS ON OCTOBER ! TO CELEBRATE THE SPACE CENTER'S I/; TH 11 18. DISCUSSED AND PROVIDED DIRECTION T• CITY ATTORNEYON • OF BALLOT• - A TRANSIENT • AND, AUTHORIZED THE CITY MANAGER TO ISSUE A REQUEST FOR QUALIFICATIONS FOR COMMUNITY OUTREACH Administration. Assistant to the City Manager Vaniah De Rojas presented the staff report for this item. She provided a brief background regarding the City's Transient Occupancy Tax, which was last amended in 1998. She mentioned the tax would be imposed on transients not City residents. She provided the results of the survey conducted on surrounding cities with similar scope as the City of Downey which is how staff based their recommendations. She provided analysis of possible revenue if the tax is increased from 9% through 14%. She asked the City Council to provide direction to staff to prepare ballot materials for a potential Transient Occupancy Tax increase from 9% to 12%; and, modernize the City Council Minutes Regular Meeting — October 8, 2019 6 language in the ordinance to include air bed and breakfast, and residential rentals for placement on the November 2020 ballot. Council Member Saab thanked Assistant to the City Manager De Rojas for the report. He requested clarification regarding residents paying the transient occupancy tax. Assistant to the City Manager De Rojas confirmed the transient occupancy tax would be imposed on individuals including residents staying at a hotel within the City. Council Member Ashton inquired if the air bed and breakfast locations are currently taxed. City Manager Livas stated the air bed and breakfast locations are not currently taxed and staff will identify how to include those locations in the process. City Attorney Abich Garcia stated the process in developing the ballot measure itself is reviewing the current ordinance and modernizing the language to include air bed and breakfast, and residential rentals. Council Member Ashton inquired if the City has identified a use for the increased tax revenue if the tax increase is approved. He asked why staff did not recommend a 15% increase since the tax is not being directly assessed to the residents. City Manager Livas stated the increased revenue will be allocated by the City Council during the budget process and staff's recommendation was based on the current market in comparable cities. Mayor Pro Tem Pacheco opened this item for public comment. Armando Herman, resident, commented in opposition of the transient occupancy tax increase. Having no one else come forward, Mayor Pro Tem Pacheco closed public comment. Council Member Saab asked Finance Director Gandhy for his recommendation regarding the percentage of the tax increase. Director Gandhy stated the increase is long overdue and he recommends the tax be increased to 13% as it may not be increased for another 25 to 30 years. Council Member Saab recommended an increase of 13% to the Transient Occupancy Tax. Discussion ensued amongst the City Council regarding the amount to recommend for the Transient Occupancy Tax increase. Council Member Saab motioned to increase the Transient Occupancy Tax to 13%. Mayor Pro Tem Pacheco stated the motion is to direct the City Attorney to prepare ballot materials for a Transient Occupancy Tax at 13% and to authorize the City Manager to issue a Request for Qualifications for Community Outreach Services. It was moved by Council Member Saab, seconded by Council Member Ashton and approved unanimously with Mayor Rodriguez excused, to direct the City Attorney to prepare ballot materials for a Transient Occupancy Tax at 13% and to authorize the City Manager to issue a Request for Qualifications for Community Outreach Services. City Manager Livas recognized the Youth Commissioners in the audience, Paula Zepeda and Sade Neri. City Council Minutes Regular Meeting — October 8, 2019 7 Mayor Pro Tern Pacheco thanked the Youth Commissioners for attending the City Council meeting. Mayor Pro Tern Pacheco adjourned the regular City Council meeting at 9:52 p.m. in memory of Houston, Texas Harris County Deputy Sandeep Dhaliwal, killed in the line of duty. �'—AI ALICIA DUA4, CIVIC PACHECO City Clerk Mayor Pro Tern City Council Minutes Regular Meeting — October 8, 2019 8