HomeMy WebLinkAboutMinutes 01-14-20 Regular MeetingMINUTES OF
CITY COUNCIL OF OF DOWNEY
REGULAR MEETING
JANUARY 14, 2020
The City Council of the City of Downey held a Regular City Council Meeting on January 14,
2020, at 6:38 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue,
Downey, California, with Mayor Pacheco presiding.
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Council Members:
Blanca Pacheco
Claudia M. Frometa
Sean Ashton
Rick Rodriguez
Alex Saab
Mayor
Mayor Pro Tern
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 E. Schindler, Community Development Director
Anil Gandhy, Finance Director
James McQueen, Human Resources Director
Alicia Duarte, CIVIC, City Clerk
The Invocation was delivered by Gregory Welch, Risher Mortuary. The Pledge of Allegiance
was led by Viany Campa, Downey Rose Float Association Queen.
MEMBERCOUNCIL •UNCEMENTS; REQUESTS FOR
iREPORTS
Council Member Saab welcomed the audience to the meeting. He acknowledged the youth in the
audience. He announced the new vendor and upgrades to the Rio Hondo Golf Club and invited the
audience to visit the facility for Sunday Brunch. He congratulated the Downey Rose Float Association
winning the Founders Award at the Tournament of Roses Parade. He encouraged the audience to
download the QR Code to upload the Council Meeting Agenda on their electronic devices and utilize
the Downey App to report issues such as graffiti, street repairs, or to retrieve information regarding the
Downey Link routes and time. He mentioned the County Homeless Count reported a decrease in the
Downey homeless population from 180 to 174. He thanked staff for adjusting the speed bumps at
Discovery Park to allow for additional parking. He requested staff review street conditions on
Paramount Boulevard south of Imperial Highway. He announced upcoming events: Downey Symphony
Concert and Art Show; Grand Opening of Gallatin Dental; and, Downey Historical Society Speaker
Series with Gabriel Enamorado of Stay Gallery.
Mayor Pro Tem Frometa welcomed the audience to the meeting and wished everyone a Happy
New Year. She recognized the efforts of the Rose Float Association and volunteers for the amazing
award winning float. She reported attending the 2"d Annual Human Trafficking Event along with
representatives of the Downey Police and Fire Departments; two Neighborhood Watch Meetings in
District 4. She extended a special thank you to the Community Emergency Response Team and Roy
Beard for attending the meetings and providing information to the community as to how to become
involved with the team. She announced upcoming events: Clergy Council Meeting, Downey Symphony
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Regular Meeting - January 14, 2020
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1 . Mayor Pacheco with assistance from Chief Milligan presented the Mayor's Impact Award to t
Downey Police Officer's Association Board.
2. Mayor Pacheco with assistance from Keep Downey Beautiful and Recycling Coordinator Car•
Rowland presented Certificates ot Appreciation to the 681h Annual Downey Christmas Para
Volunteers.
3. Mayor Pacheco with assistance from Michael Calvert presented Certificates of Congratulations to
the 2020 Used Oil Recycle Artwork Winners.
tC Mayor Pacheco with assistance from Mayor Pro Tern Frometa and Jeremy Clifton presented City
Pins to the Downey Rose Float Association 2020 Court.
Mayor Pacheco recessed the City Council meeting at 7:41 p.m. Mayor Pacheco reconvened the
City Council meeting at 7:52 p.m. with all Council Members present.
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Regular Meeting — January 14, 2020 2
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Mayor Pacheco opened the Public Hearing at 7:52 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 Mayor Pacheco to receive and file. City
Clerk Duarte announced no correspondence was received.
Deputy Director of Public Works, Utilities Manager Dan Mueller presented the staff report for
this item. He provided an overview of the California Health and Safety Codes requiring an agency to
prepare a Public Health Goals Report every three years when a water system has more than 10,000
service connections, He provided a summary the City's 2016, 2017, and 2018 Annual Water Quality
Reports.
Council Member Ashton referenced an article in the Los Angeles Times about water
contaminants and PFAS. He inquired about the procedures the City has implemented to address the
issue. Mr. Mueller replied currently the Regulators have not developed any Public Health Goals,
Maximum Contaminant Levels or Optional Regulatory Standard for PFAS or PFOA contaminants. In
the event that Public Health Goals or Maximum Contaminant Levels are set, staff would confirm levels
and if necessary the water from the well would be shut. Staff has been proactive in identifying alternate
options in the event that a well should require shut off. He added, fortunately the City has never had to
treat water.
Mayor Pro Tern Frometa inquired, in regards to the article in the Los Angeles Times, if staff had
taken any measures to inform residents about the City's water being safe and mitigate their concerns.
Mr. Mueller stated residents would be notified when a well is identified having unsafe levels or require
the need to conduct a well shut off. He stated the well water is safe for consumption and no actions
have been taken.
Council Member Saab inquired whether the City has the resources to conduct an immediate
well shut off and asked what the chances of plume entering Downey's water were. Mr. Mueller
confirmed the current water levels are safe for consumption and staff does have the necessary
resources to conduct an immediate shut off of a well. He explained the various sources of plume, how
plume would contaminate the water and identified the contaminated surrounding cities.
Mayor Pacheco opened this item for public comment at 8:01 p.m.
Armando Herman, resident, commented regarding water contaminates and treatment plan; and,
political leaders.
Having no one else come forward, Mayor Pacheco closed the Public Hearing at 8:07 p.m.
It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa, and approved
unanimously to adopt Resolution No. 20-7916, a Resolution of the City Council of the City of Downey
approving and adopting the City of Downey Water System 2019 Public Health Goals Report.
Mayor Pacheco announced the scheduled Public Hearing Item Nos. 2 and 3 would not be
considered tonight and are being continued to the Regular City Council Meeting of February 11, 2020,
at 6:30 p.m.
It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa, and approved
unanimously to continue Public Hearing Item Nos. 2 and 3 to the Regular City Council Meeting of
February 11, 2020, at 6:30 p.m.
City Council Minutes
Regular Meeting - January 14, 2020 3
Director Schindler presented the staff report for this item. He provided an overview of the U.
Department of Housing and Urban Development's requirements to receive federal grants and t
specific activities in which the grants can be used. He reviewed the funding received in FY 2019-20 a
reviewed the programs that received allocations from the Community Development Block Grant a
HOME Investment Partnership Program Budgets for FY 2019-20. He reviewed the funding the Ci
expects to receive in FY 2020-21. He stated the •_ is to receive as much community input and
provided the scheduled dates for upcoming Community Development Block Grant and HOM
Investment Partnership Program Community Meetings, marketing strategy and the next Public Hearin
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Armando Herman, resident, commented regarding federal regulations, funding and audits 11
wrevent a deficit; and, political figures.
It was moved • •: Member Saab, seconded • Mayor Pro Tern Frometa, and approvi • to receive and file public comment pertaining to the • Development Block Gra
• • Investment Partnership Grant Programs.
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Armando Aerman, resident, commented regarding elimination of homelessness, Freedom co'
Speech, Second Amendment Rights, political leaders and need for family unity. I
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Mayor Pacheco announced the City submitted correspondence in opposition to Senate Bill
unless amended.
City Manager Livas commented regarding the City's efforts to oppose high density housing a'
mentioned the alternatives being recommended. He stated the City's efforts to retain local jurisdicti
regarding housing issues and acknowledges the housing crisis. I
Mayor Pacheco asked if there was anyone present who would like to comment on ConseM.,
• items. I
and 16. Armando Herman, resident, commented regarding Item Nos. 5, 7, 8, 9, 10, 11, 12, 13, 14, 1 1
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Council Member Rodriguez abstained from Item No. 9, due to owning property within the vicinity
of the project.
City Council Minutes
Regular Meeting - January 14, 2020 6
Council Member Ashton inquired if there were any repercussion if the voluntary expenditure
limits were exceeded. City Attorney Abich Garcia explained the penalty provision in the ordinance
allows for civil penalties and criminal prosecution. She elaborated on the process that had been
conducted in past violations to allow the candidate to remedy the violation.
Council Member Ashton inquired if the State has an expenditure limit and if there is no limit what
would entice a candidate to accept voluntary limits and to self -regulate. City Attorney Abich Garcia
responded the State does not have a cap on expenditures. She explained that reports have been
conducted to show that a candidate may chose the voluntary expenditure limits to appear favorable to
interest groups and voters.
Council Member Saab suggested to remove the Consumer Price Index escalation from
Personal Loans and that the Expenditures Limits be increased for Districts 1 - 4 to $35,000 and District
5 to $60,000.
Discussion ensued amongst Council regarding continuing to include the option of accepting
Voluntary Expenditure Limits in the ordinance; how many candidates accepted the Voluntary
Expenditure Limits in past elections; and, how many elected officials received inquiries from the public
regarding accepting Voluntary Expenditure Limits.
Mayor Pacheco inquired what the Consumer Price Index calculation would be had the
Contribution Limits been factored to the nearest one hundred since 2013. City Attorney Abich Garcia
advised the calculations had not been calculated and provided an example of the amounts for the past
two years showing no change.
Council Member Saab recommended removal of the Consumer Price Index calculation from the
Contribution Limits. City Attorney Abich Garcia confirmed the Consumer Price Index calculation would
be removed and Districts 1 — 4 would remain $1,000 and District 5 would remain $2,000.
Mayor Pro Tern Frometa requested a substantial increase to the Expenditure Limits considering
the rising cost to conduct an effective mailer. She recommended Voluntary Expenditure Limits
increased for Districts 1 - 4 to $38,000 and District 5 to $60,000.
Council Member Saab recommended a higher increase to the Voluntary Expenditure Limits of
$40,000 to Districts 1 - 4 and $65,000 to District 5.
City Attorney Abich Garcia confirmed the Voluntary Expenditure Limits would be increased to
$40,000 for Districts 1 - 4 and $65,000 for District 5 and the Consumer Price Index calculation would be
rounded to the nearest one hundred. She confirmed Personal Loans would remain at $15,000 and the
Consumer Price Index escalator would be removed.
City Attorney Abich Garcia read the following amendments to the Ordinance into the record:
Section 2943(b)(1) Campaign Contribution Limitations and Section 2943(b)(2) removed contribution
adjusted annually following the November, 2020 election in accordance with Subsection (b)(3);
Subsection 3 will be deleted in its entirety so that contribution limits will not be increased by the
Consumer Price Index; Subsection 4 will now change to Subsection 3; Section 2944 Loans Subsection
(c) the Consumer Price Index language will be deleted; Subsection (d) will change to Subsection (c);
Section 2945 Voluntary Expenditure Limits for Districts 1 - 4 to $40,000 and District 5 to $65,000. She
asked to make a motion to introduce the first reading of the ordinance as amended after taking public
comment.
Mayor Pacheco asked if there was anyone present who would like to comment on this item.
City Council Minutes
Regular Meeting — January 14, 2020 9
Mayor Pro Tern Frometa expressed her concerns for potential liability to the City, the City not
having a large enough area to have an effective program, and the existing excessive speeding issues
within the Geo fencing area.
Mayor Pacheco inquired how the company monitors the rider meets the age requirement to
operate the scooter. Director Schindler explained a valid California Driver's License is required to be
scanned in order to activate the scooter prior to accepting payment.
Director Schindler explained the steps to implement the pilot program and disbursement
schedule of the scooters. The first 50 scooters will be deployed on February 29 and an additional 50
scooters to be deployed on March 21 and the program would conclude on May 29. He stated should
the pilot program be successful then staff would conduct a review of the program to establish
recommendations for a permanent program to include a larger Geo fencing and determine if fees
should be increased.
Council Member Saab inquired about indemnification. Director Schindler stated that the
Professional Services Agreement had been reviewed by the City's Risk Manager who assured the City
would be indemnified from any liability including any miscellaneous acts or incidents that may occur
while riding the scooters.
City Attorney Abich Garcia stated that there was language included in the indemnification to
cover any Americans with Disability Act claims and should the City receive a claim the liability would
shift to Sun Scooter, Inc.
Council Member Rodriguez inquired where the company is based. Director Schindler confirmed
the company is based out of Los Angeles.
Julio Godino, Representative for Sun Scooter, Inc., introduced Kevin Ellison, one of the
founders, and Mack, IT Developer. He provided an overview of the company's plan to ensure that three
technicians will be in the City 24 hours a day, 7 days a week in real time. He stated the company's goal
is to have a warehouse in the City of Downey should the program become permanent.
Council Member Rodriguez asked how the helmet law applies to scooters. Kevin Ellison
confirmed the helmet regulations are available on their App and currently helmets are not required to
ride on a scooter per California State Law however, helmet rentals are offered in the App and will be
delivered by a team member if requested.
Mayor Pro Tern Frometa requested Chief Milligan provide safety information related to scooter
accidents. Chief Milligan confirmed the Police Department would respond as they would to a bike
accident. He estimated based on bike accident calls that it would be minimal.
Mr. Godino stated in comparison to the City of Long Beach which operates 6,000 scooters the
company decided to be conservative in implementing the program and decided to begin with only 100
scooters. He stated if the program becomes permanent the maximum would be capped at no more
than 200 scooters within the City.
Mr. Godino stated his team has created a rebalancing to utilize control in real time and a rider
will be penalized if they continuously ride outside the approved Geo fence. He stated their technology is
quite effective to reduce theft.
Mayor Pacheco asked if there was anyone present who would like to comment on this item.
Armando Herman, resident, commented regarding the potential for liability on the City of
Downey, Americans with Disability Act compliance and individuals riding on public right -a -ways.
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Regular Meeting - January 14, 2020 11
Armando Herman, resident, commented regarding public welfare and utilization of shopping
carts by the homeless.
It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa, and approved
unanimously to introduce an Ordinance of the City Council of the City of Downey Repealing Sections
4133, 4133.1 and 4133.2 of Chapter 1 ("Disorderly Conduct") of Article IV ("Public Welfare, Morals, and
Policy") of the Downey Municipal Code and add a new Section 4133 to Chapter 1, Article IV regulating
Shopping Cart Containment Citywide.
Mayor Pacheco adjourned the regular City Council meeting at 10:55 p.m. in memory of Apollo 1,
Space Shuttle Columbia, and Space Shuttle Challenger; Rosa Porto, Founder of Porto's Bakery; Susan
Palmer, 61 Year Old School Teacher and Sister of Downey Fire Battalion Chief Whitney; and, Amber
Joy Liest, 41 Year Old L.A. County Sheriff's Detective Killed Off -Duty while Assisting an Elderly Lady
Cross the Street.
AAA ALICIA DUARZ6E, �CMC
City Clerk
---.-.--siA-NCA PACHECO
Mayor
City Council Minutes
Regular Meeting — January 14, 2020
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