HomeMy WebLinkAboutMinutes 01-28-20 Regular MeetingMIRITES OF TAE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JANUARY 28, 2020
The City Council of the City of Downey held a Regular City Council Meeting on January
28, 2020, at 6:32 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire
Avenue, Downey, California, with Mayor Pacheco presiding.
PRESENT: Council Members:
Blanca Pacheco Mayor
Claudia M. Frometa Mayor Pro Tern
Sean Ashton Council Member
Rick Rodriguez Council Member
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 E. Schindler, Community Development Director
Anil Gandhy, Finance Director
Delfino Consunji, Public Works Director
Pam Passow, Parks and Recreation Director
James McQueen, Human Resources Director
Alicia Duarte, CIVIC, City Clerk
The Invocation was delivered by Elvin Galindo, Downey Stake Church of Latter Day
Saints. The Pledge of Allegiance was led by Liliana Hernandez, Commissioner, Downey Youth
Commission.
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Council Member Saab welcomed the audience to the meeting. He acknowledged
Michael Calvert, Carrie Uva, Maria Fernandez, Michael Chirco, and Carrie Redfox in the
audience. He thanked the Downey Chamber of Commerce for hosting the State of the City. He
reported attending the Home Field Advantage Sports: 2020 New Year's Fundraiser and thanked
Sacha van der Most van Spijk for founding the organization. He reported attending the
Homeless Count; and, thanked Lisa Fox and the volunteers for ensuring a successful event. He
announced upcoming events: Century 21 Peak's Blood Drive; Astronaut Commemoration;
Mansionization Study Community Meeting on February 10; and, TLC 5K Run/Walk at Apollo
Park.
Mayor Pro Tern Frometa welcomed the audience to the meeting. She reported attending
the Measure S Tour of Fire Station Nos. 1 and 3; Golden and Dennis the Menace Parks;
Downey Sister Cities Winter Party; and, joined the League of California Cities Policy Committee.
She announced upcoming events: Grand Opening of Dennis the Menace Park, North American
Aviation Commemoration and Coyotes Out of Downey. She encouraged the audience to
download the Downey App to report street maintenance or to view Measure S updates.
City Council Minutes
Regular Meeting — January 28, 2020
Council Member Ashton welcomed the audience to the meeting. He reported attending
the Keep Downey Beautiful Clean Up event and thanked Lisa Fox, Carol Rowland, Keep
Downey Beautiful Committee Members and all the volunteers for ensuring a successful event.
He reported attending the League of California Cities Transportation, Communication
Committee Meeting and reported the League of California Cities is focused on Senate Bill 50
and working to oppose the Bill. He announced the upcoming Keep Downey Beautiful Clean Up
event. He requested maintenance of public streets surrounding the post office; and, staff
research installing rounclabouts in residential neighborhoods to discourage speeding. He
suggested the audience contact Senator Bob Archuleta's Office to oppose Senate Bill 50, a high
density housing bill.
Control Authority Commissioner's Choice pet adoption program and encouraged the audience
to assist by adopting pets.
tracks on Woodruff Avenue near Stewart & Gray Road. She announced the upcoming
Center on February 10.
1 . Mayor Pacheco with assistance from Council Member Rodriguez presented Certificates of
Recognition to Downey Fire Department Firefighters.
2. Mayor Pacheco with assistance from Mayor Pro Tern Frometa presented the Mayor's Impact
Award to Carrie Lynn Redfox.
3. Mayor Pacheco with assistance from Mayor Pro Tern Frometa presented a Certificate of
Appointment to Jaime Bray to the Green Task Force, District 4.
4. Mayor Pacheco presented a Proclamation in Recognition of Human Trafficking Prevention
Month to Courage Forward.
City Council Minutes
Regular Meeting — January 28.2O2O 2
RECESS/RECONVENE
Mayor Pacheco recessed the City Council meeting at 7:29 p.m. Mayor Pacheco
reconvened the City Council meeting at 7:42 p.m. with all Council Members present.
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Mayor Pacheco opened the Public Hearing at 7:42 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.
City Planner Crystal Landavazo presented the staff report for this item. She provided an
overview of the zone text amendment related to large family daycare uses in residential
properties. She explained the current Downey Municipal Code as being consistent with prior
State Legislation which categorized family day care into two categories, large family and small
family day care. She explained under the previous law, the State regulated small family daycare
facilities and allowed counties or cities to regulate large family daycare facilities through a
Conditional Use Permit. She reported Senate Bill 234 was approved and came into effect on
January 1, 2020, The State will now be solely responsible for regulating small and large family
daycares and has removed all authority from local jurisdictions. She stated the zone code
amendment will remove all conflicts between the existing municipal code and the new
legislation.
Council Member Ashton inquired if the City can require a business license or if there
were any regulations the City could impose. City Planner Landavazo replied the large family
daycare facilities are no longer required to obtain a business license. She stated the facilities
are required to meet the Health and Safety Code requirements by obtaining a State License;
and, large daycares must maintain compliance with facility requirements such as Fire
Department inspections through the County and State Fire Marshall Standards.
Mayor Pacheco opened this item for public comment at 7:46 p.m.
Armando Herman, resident, commented regarding against Senate Bill 234; political
leaders; Health and Safety Code; and, combating homelessness.
Alex Contreras, resident, commented regarding allowing childcare facilities in
commercial zones.
Dr. Rodolfo Cortes Barragan, non-resident, commented regarding maximizing the well-
being of the children attending daycare and reduction of child hunger.
City Council Minutes
Regular Meeting - January 28, 2020 3
It was moved by Council Member Saab, seconded by Council Member Rodriguez to
introduce an Ordinance of the City Council of the City of Downey approving a zone text
amendment (PLN-19-00155), thereby amending various Sections of Article IX of the Municipal
Code related to large family day care uses in residentially zoned properties.
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council
Member Saab, seconded by Council Member Rodriguez, and so ordered by Mayor Pacheco to
receive and file. City Clerk Duarte announced no correspondence was received.
Assistant to the City Manager Vaniah De Rojas presented the staff report for this item.
She provided a brief background regarding the process of the Uniform Schedule of Fees
adopted on June 25, 2019, how the fees relate to the various services provided to residents by
local agencies and the different sources of revenues to support such services. She explained
the 25 proposed amendments to align with the actual cost of service by the Fire Department;
Community Development, Planning Department; Police Department, Public Works, Engineering
and Utilities; and, Recreation Department. She noted a few corrections in the staff report as
Community Development, Planning Department should read Community Development, Building
and Safety;
Council Member Saab inquired why the Recreation Department was eliminating the four
hour minimum fee and implementing a flat fee for picnic shelters in Exhibit A, Section 13.
Director Passow explained currently picnic shelters are only allowed one rental per day and the
Department will streamline the rental process with one daily use fee.
Council Member Saab asked how the Shopping Cart Containment Plan Renewal Fee, 1/2
Cost of Original Fee in Exhibit A, Section 10 was different from the line above. Assistant to the
City Manager De Rojas stated this to be an additional line which should have been corrected to
read: Shopping Cart Containment Plan Appeals Fee.
Council Member Saab inquired if the appeal would consist of the denial of the
submission of a plan for shopping cart containment. Director Schindler confirmed the fee is to
appeal a containment plan after Public Works denies their submission.
Armando Herman, resident, commented regarding park fees, political figures and user
fees based on Consumer Price Index.
City Council Minutes
Regular Meeting - January 28.2O2O 4
Armando Herman, resident, continued comments regarding Freedom of Speech.
Having no one else come forward, Mayor Pacheco closed the Public Hearing at 8:10
NW
It was moved by Council Member Saab, seconded by Council Member Frometa to adopt
Resolution No. 20-7920, a Resolution of the City Council of the City of Downey amending
Resolution No. 19-7886 - Adjusting the City's Uniform Schedule of Fees.
Mayor Pacheco opened non -agenda public comment.
Alan D. Halstensgaard, commented regarding a recent incident involving a Law
Enforcement Office and the protection thereof; and, against abortion.
Armando Herman, resident, commented regarding Freedom of Speech, Second
Amendment Rights, and political leaders.
Dr. Rodolfo Cortes Barragan, non-resident, commented regarding protecting the
Constitution and Freedom of Speech, Ralph M. Brown Act, Bill of Rights; socialism; rent control;
and, electioneering.
Alex Contreras, commented regarding Senate Bill 50, environmental reform and lack of
housing supply.
John Lacey, resident, commented regarding changes in the Juvenile Court System, the
creation of Youth Development Agency, Public Safety and rehabilitation; and, supports reducing
public comment period.
Having no one else come forward, Mayor Pacheco closed non -agenda public comment.
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Mayor Pacheco asked if there was anyone present who would like to comment on
Consent Calendar items.
Armando Herman, resident, commented regarding Item Nos. 3, 6, 7, 13, 14, 15 and 16;
Freedom of Speech; Americans with Disabilities; and, environmental reform.
Dr. Rodolfo Cortes Barragan, non-resident, commented regarding Item Nos. 12 and 13.
Having no one else come forward, Mayor Pacheco closed public comment.
City Attorney Abich Garcia provided a brief history regarding Item No. 12, the Campaign
Finance Ordinance. She announced the introduction of the Campaign Finance Ordinance's
detailed staff report and presentation from the January 14, 2020, meeting can be located on the
City's Website. She stated the Ordinance is on tonight's Consent Calendar because it is before
Council for adoption and the detailed report was previously provided.
City Attorney Abich Garcia stated Item No. 13 is not regulated disorderly conduct rather
the item is regulating shopping cart containment.
City Council Minutes
Regular Meeting — January 28, 2020 5
City Attorney Abich Garcia provided the staff report. She presented a brief histo
regarding the City Council meeting rules related to the public comment time limit and stat
the current Ordinance allows each speaker five minutes for each category: non-agen
items, consent calendar, public hearings and administrative reports. The propos
ordinance would reduce the time period per speaker for each category to three minutes. I
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Council Member Ashton inquired if the public comment period must be restricted to
three minutes for all categories on the agenda or would a specc category, non -agenda
public comment, be allowed five minutes and the other categories limited to the three
minutes period for each speaker. City Attorney Abich Garcia replied it is up to the Council's
discretion.
item, Ifiayor Pacheco asked if there was anyone present who would like to comment on th i
Brian Heyman, resident, congratulated Mayor Pacheco for her diplomacy and condu
during the meeting. He commented in favor of the reduction for public comment period fro
five minutes to three minutes. He recommended additional options, to ensure efficiency
I
the meeting, based on the volume of speakers for a specific topic as to allow the Mayor t
discretion to reduce the speaker's time limit even further from three minutes to one minul
• the option to turn off the microphones.
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Hector Schmidt, resident, commented in support of Item No. 17 and adjustment of time
f. ccording to the amount of speakers on a specific category.
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Council Member Saab stated the topic of reducing the public comment period had been
previously discussed and he was not in support of the reduction. He stated that lowering the
time period would not alter the content of the language being utilized. He expressed he would
not support the reduction to public comment period from five minutes to three minutes. He
stated the Council has to balance the residents' right to free speech with efficiency and he does
not believe limiting time will make an impact in efficiency.
Council Member Ashton concurred with Council Member Saab. He stated he does not
believe that the meeting rules should be altered due to one person's abuse of the system. He
stated that transparency has been mentioned and he does not believe transparency is limited
solely to City Council meetings. He encouraged residents to contact the City Council's office to
discuss their issues and mentioned a resident should not have to wait two weeks to have their
concerns addressed.
City Council Minutes
Regular Meeting — January 28, 2020 8
Mayor Pro Tern Frometa stated her support for Freedom of Speech and mentioned the
Ordinance does allow, at the discretion of the Council, to extend the speaker's time to allow the
speaker to properly express themselves or to discuss an issue in greater depth. She stated her
support to reduce the public comment period from five minutes to three minutes.
Mayor Pacheco stated she believes by adopting the ordinance to reduce the public
comment period would not limit Freedom of Speech. She mentioned surrounding cities limit their
public comment period to three minutes which is sufficient time to thoroughly express an opinion
on a topic. She stated that she appreciates the public's comments and announced if the City
Council believes that a speaker requires additional time they will be allowed additional time to
complete their comments. She mentioned if dialogue requires an in depth conversation she
invited the audience to request a meeting after the City Council meeting to conclude the
discussion and reminded the audience that they do not have to wait the two weeks to express
their concerns. She inquired if the reduction of the public comment period isn't efficient would
the item be able to return to the City Council to consider an adjustment.
City Manager Livas stated the City Council has to balance the public's desire and right to
speak with that of conducting meetings that are open to the public and that the public feels
comfortable to attend and it is a difficult dilemma to be in. He confirmed it is at the Council's
discretion to bring the item back should the Council conclude that the outcome was not what the
Council expected.
It was moved by Mayor Pro Tern Frometa, seconded by Council Member Rodriguez and
approved 3-2-0, with Council Members Ashton and Saab voting no 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.
Mayor Pacheco adjourned the Regular City Council meeting at 9:30 p.m. in memory of
Staff Sgt. Ian P. McLaughlin, 29, of Newport News, VA and Pfc. Miguel A. Villalon, 21, of Joliet,
111. who were conducting operations as part of NATO's Resolute Support Mission; Sgt. Kaila
Sullivan, 43, of Nassau Bay Police killed in the line of duty; Sgt. Christopher Brewster, 32, of the
Houston Police Department killed in the line of duty; Officer Stephen Carr, 27, Fayetteville
Police Department killed in the line of duty; Officers Tiffany Enriquez and Kaulike Kalama,
Honolulu Police Department killed in the line of duty; Neil Peart, drummer for the band Rush;
Ron Irwin, Former Downey Fire Chief; Harold Tseklenis, longtime Downey resident; Ada
Guardarrama; and, Kobe Bryant, 41, Los Angeles Lakers, his daughter Gianna Bryant, 13 and
seven passengers who were also on board the helicopter.
AA0EC6 1A ALICIA DUVUM ARTLC 6'CA PA1:AN
City Clerk Mayor
City Council Minutes
Regular Meeting - January 28, 2020 9