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HomeMy WebLinkAbout01b. Minutes - 05-12-20 - Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING MAY 12, 2020 The City Council of the City of Downey held a Regular City Council Meeting on May 12, 2020, at 6:35 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 (teleconference) Rick Rodriguez Council Member (excused) Alex Saab Council Member (teleconference) ALSO PRESENT: Gilbert Livas, City Manager Yvette M. Abich Garcia, City Attorney Aldo E. Schindler, Community Development Director Delfino Consunji, Public Works Director Alicia Duarte, CIVIC, City Clerk The Invocation was delivered by Mayor Pro Tern Frometa. The Pledge of Allegiance was led by City Manager Livas. CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE/MEETING REPORTS Mayor Pro Tern Frometa welcomed the audience participating in the meeting via various methods of technology. She reported meeting with Linda Salomon-Saldana, Downey Foundation for Educational Opportunities Founder, and was informed that the Downey High School Robotics team has been producing face shields and distributing to local hospitals and assisted living facilities. Face shields will also be distributed to local dental offices. She stated the Governor announced the State of California has forecasted a 54 billion dollar deficit due to COVID-19 that will impact our California Public School System funding by a 18 billion dollars reduction. She stated the City of Downey will continue to be vigilant with its finances as it re-enters the recovery phase of the pandemic. The City will be prudent and fiscally responsible in order to continue providing programs and services to the community. She assured residents that the City Council's number one priority is public safety and the Council will continue to be protective of those services to ensure the safety of the community. She mentioned that extra patrols will be provided in certain areas which require addressing. She requested staff provide additional patrols at Stonewood Mall and Downey Landing to ensure public safety and to discourage street racing. Council Member Saab welcomed members of the public participating in the virtual meeting. He reported participating in the Gangs Out of Downey meeting and acknowledged outgoing President Julie Garcia for doing a great job. He mentioned Gangs Out of Downey is group comprised of volunteers from various segments of the community. He stated that this is the time of year when High School Seniors would be attending senior events and families would be planning graduation celebrations. He has seen yard signs throughout the community recognizing the graduates and asked the community to encourage the graduates during this difficult time. Council Member Ashton requested staff research and return to Council with recommendations to extend the moratorium on residential and commercial rents due to the extension of the Los Angeles County's Stay at Home mandates. He asked staff research street sweeping for opposite sides of the street on alternating days during the COVID-19 pandemic. City Manager Livas stated, at the request of Mayor Pacheco, staff has discussed options regarding the plausibility of providing street sweeping on opposite sides of the street at different hours or days and staff has identified costs associated and the feasibility of the options. He stated staff would continue discussions relating to the matter. Mayor Pacheco welcomed the audience participating in the virtual meeting and thanked the audience for being involved in the community. She wished the audience a Happy Mother's Day. She reported participating in the virtual meetings with Los Angeles County, Dr. Barbara Ferrer, Mayor Garcetti and other public officials regarding options to reopen the City of Downey. She reported there are still many unknowns and she will continue to participate in the meetings to obtain and share new information. She stated she has been in communication with Assembly Members and State Senators to obtain funding for cities with populations of 500,000 or less and correspondence has been sent to Governor Newsom, on behalf of the City, to request funding. She mentioned she will continue to produce weekly videos updating residents of services and activities available while complying with the County's Stay at Home order. Last week's video was to honor nurses during National Nurses week. Today is International Nurses Day and she recognized all nurses including her mother and thanked all nurses for being on the front line working during COVID-19. She encouraged residents to participate in Downey First Christian Church's food collection drive to help Downey families affected by COVID-19. She thanked everyone for abiding by the Stay at Home order and for wearing facial coverings when entering essential businesses. ' 9 ►R§1111104150= PUBLIC HEARINGS 1. FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS GRANTS FY 2020-24 CONSOLIDATED PLAN, FY 2020-21 ANNUAL ACTION PLAN, ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE, AND CITIZEN PARTICIPATION PLAN: Community Development. 1) APPROVED THE PROPOSED 5-YEAR CONSOLIDATED PLAN, THE ANNUAL ACTION PLAN, ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE, CITIZEN PARTICIPATION PLAN; 2) AUTHORIZED THE CITY MANAGER TO TRANSMIT ALL FOUR DOCUMENTS AND REQUIRED CERTIFICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND, 3) MODIFIED AND EXECUTED EACH AGREEMENT AND/OR CONTRACT RELATED TO THE IMPLEMENTATION AND ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS GRANT PROGRAMS, INCLUDING THE SUB -RECIPIENT GRANT AGREEMENTS BASED ON THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S APPROPRIATION TO THE CITY. Mayor Pacheco opened the Public Hearing at 6:52 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tern Frometa, seconded by Council Member Ashton, and so ordered by Mayor Pacheco, to receive and file. City Clerk Duarte noted there was no correspondence received. Director Schindler presented the staff report for Item No. 1. He provided an overview regarding the annual entitlement the City receives from the U.S. Department of Housing and Urban Development (HUD). He presented staff recommendations for the City Council to approve the five-year Consolidated Plan, the Annual Action Plan, Analysis of Impediments to Fair Housing Choice, Citizen Participation Plan, and authorize the City Manager to transmit all documents and required certification to HUD; and, City Council Minutes Regular Meeting — May 12, 2020 2 documents related to the implementation and administration of the Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Grant Programs, including the Sub - recipient Grant Agreements based on HUD's appropriation to the City. He stated HUD requires the City to update the Consolidated Plan every five -years to ensure the City is meeting its goals to utilize the grants to help fund neighborhood improvement programs, economic development strategies, and general services for low and moderate income residents. The Consolidated Plan serves as a planning guide for the use of the Federal CDBG and HOME grants. The Analysis of Impediments to Fair Housing Choice requires the City to partner with appropriate housing developers. He provided examples of projects similar to the Habitat for Humanity project and the proposed project with the County of Los Angeles for affordable housing for Veterans. The Citizen Participation Plan's purpose is to ensure community outreach is conducted to allow for community participation; and, to communicate the City's services. The City has complied by updating social media platforms, Americans with Disabilities Act Plan and is providing access to language interpreters at every opportunity. The Annual Action Plan summarizes all the actions and activities recommended by staff to the City Council and the activities for the use of the Federal Block Grant and Home Funds. The Annual Action Plan addresses priority needs and specific goals included in the five-year plan. The most important component is the funds we receive from the Federal Government. This year the City is receiving $1,552,421, an increase from the prior year; in CDBG funds the City is receiving $1,094,600, for an increase of 3% or $30,141 more than the current year; and, in HOME funds the City is receiving $457,821 for an increase of 4% or $17,684 more from the current year. Director Schindler reviewed the recommendations for allocation of funds to service providers whom have exceeded the goals set in previous years; and, if approved by the City Council it will be reflected in the City Budget. Staff's recommendation is to fund the same recipients of the grant program for Fiscal Year 2020-2021 and pass the increase to each of the organizations Mayor Pro Tern Frometa asked if staff has anticipated how the State's shortfall will impact the City's allocation. Director Schindler confirmed the allocation is funded directly from the Federal Government's budget so the State's budget shortfall will not impact the funding the City expects to receive. Mayor Pro Tern Frometa asked if the City plans to host meetings via Zoom during the COVID- 19 pandemic to allow for the public's participation and provide their input. Director Schindler stated COVID-19 will not hinder the outreach during the pandemic and Community Development is partnering with Parks and Recreation who has done a tremendous amount of outreach and follow ups with the seniors and with the service providers. The City currently works with all our service providers via Zoom meetings to ensure a constant line of communication and plans to utilize the Zoom meetings for public participation in the near future. Mayor Pro Tern Frometa inquired how stringent the requirements are to apply for the property improvement program and asked how many families the City assists annually. Director Schindler stated the income eligibility limits as extremely strict and the limits are updated annually. He provided the annual income limits for a family of four this year is $33,800, for an extremely low income; $56,300 for very low income; and, $90,100 for low income. He said the City's annual goal is to assist 20 families and it has been met yearly. Mayor Pacheco, at 7:08 p.m., opened the item for public comment. Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment on the Public Hearing item. Armando Herman, resident, commented regarding the Community Development Block Grant income limits, Americans with Disability Act compliant housing, increases to the senior housing budget and federal stimulus payments. Mayor Pacheco asked if there were any written comments on the Public Hearing item. Having none, Mayor Pacheco closed public comment. City Council Minutes Regular Meeting — May 12, 2020 3 It was moved by Mayor Pro Tern Frometa, seconded by Mayor Pacheco, and so ordered by Mayor Pacheco to close the public hearing at 7:12 p.m. It was moved by Mayor Pro Tern Frometa, seconded by Council Member Saab, and carried 4-0- 1, with Council Member Rodriguez excused to approve the Federal Community Development Block Grant and Home Investment Partnerships grants FY 2020-24 Consolidated Plan, FY 2020-21 Annual Action Plan, Analysis of Impediments to Fair Housing Choice, and the Citizen Participation Plan; approved the proposed 5-Year Consolidated Plan, the Annual Action Plan, Analysis of Impediments to Fair Housing Choice, Citizen Participation Plan; authorized the City Manager to transmit all four documents and required certification to the U.S. Department of Housing and Urban Development; and, modify and execute each agreement and/or contract related to the implementation and administration of the Community Development Block Grant and Home Investment Partnerships Grant Programs, including the Sub -Recipient Grant Agreements based on the U.S. Department of Housing and Urban Development's appropriation to the City. NON -AGENDA PUBLIC COMMENT Mayor Pacheco asked if there was anyone on the teleconference line who would like to comment on the non -agenda items. Mayor Pacheco asked if there were any written comments on the non -agenda items. Armando Herman, resident, commented regarding public officials, stimulus payments, Federal funding for Veterans, homelessness and rental assistance. Margaret Villa, commented regarding in opposition to Item No. 10 and in support of rental assistance during the COVID-19 pandemic. Joey Martinez, resident, commented regarding Central Basin Municipal Water District's Board of Directors and in objection of the City joining the consortium of entities in the litigation against the Central Basin Municipal Water District and the empowerment of women. Leticia Vasquez Wilson, Central Basin Municipal Water District's Board Member, commented regarding the financial conditions, leadership and results of the 2015 State Audit report of the Central Basin Municipal Water District. Dr. Rodolfo Cortes Barragan, non-resident, submitted written comments regarding implementing the City's emergency powers to enact a policy for rents and mortgages forgiveness during the COVID- 19 emergency and to engage the eminent domain proceedings to convert privately owned property for public housing; and, in opposition to Central Basin Municipal Water District's Board of Directors and the City's joining the consortium in the litigation against the Central Basin Municipal Water District. Peggy Lemons, Mayor of the City of Paramount, submitted written comments regarding the 2015 State Auditor report of the Central Basin Municipal Water District. She commented in support of Central Basin Municipal Water District's Board Member Oskoui's work ethics, professionalism, and always having the Water District's best interest in mind. Josephine Garcia, non-resident, submitted written comments regarding privatizing water; number of increased new unemployment filings during the COVID-19 pandemic; and, rent and mortgage forgiveness. Catherine Alvarez, resident, submitted written comments regarding rent and mortgage forgiveness for those affected by COVID-19. Having no one else, Mayor Pacheco closed non -agenda public comment. CONSENT CALENDAR City Council Minutes Regular Meeting — May 12, 2020 4 Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment on Consent Calendar items. Mayor Pacheco asked City Clerk Duarte if there were any written comments received regarding Consent Calendar items. Armando Herman, resident, commented regarding Capital Improvements Projects, the City's infrastructure, rental assistance, and political leaders. Having no one else, Mayor Pacheco closed public comment. Council Member Saab abstained from Item No. 6. Mayor Pro Tern Frometa abstained from Item No. 7, out of the abundance of caution. It was moved by Council Member Saab, seconded by Council Member Ashton and carried 4-0- 1 to approve the Consent Calendar with Council Member Rodriguez excused; Council Member Saab abstaining from Item No.6; and, Mayor Pro Tern Frometa abstaining from Item No. 7. 2. APPROVED MINUTES: Special and Regular Meetings of April 28, 2020: City Clerk. 3. WARRANTS ISSUED: Warrant Nos. 342937 — 343332; Payroll Wire Nos. 30003983, 30003987 — 30003990; and, Manual Wire Nos. 1995 — 2002 in the total amount of $4,383,572.77: Finance. 4. ACCEPTED REJECTED THE BID PROTEST FROM PACIFIC AQUASCAPE INTERNATIONAL, INC.; AWARDED A CONSTRUCTION CONTRACT, IN THE AMOUNT OF $1,425,500 TO NR DEVELOPMENT, INC. FOR THE WILDERNESS PARK POND RESTORATION PROJECT — PONDS AND ELECTRICAL IMPROVEMENTS; AUTHORIZED THE ASSISTANT CITY MANAGER TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK DEEMED NECESSARY OR DESIRABLE UP TO 10% OF THE CONSTRUCTION CONTRACT AMOUNT (CAPITAL IMPROVEMENT PROJECT NO. 15-21 D): Administration. 5. ACCEPTED WORK FOR SAMOLINE AVE. AND MELVA ST. WATER SYSTEM IMPROVEMENTS; APPROVED FINAL CONSTRUCTION CONTRACT AMOUNT OF $788,838; AND, AUTHORIZED THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 19-04): Public Works. 6. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR CONSTRUCTION BIDS FOR THE FY 2019/20 RESIDENTIAL STREETS PAVEMENT REHABILITATION PROJECT (CAPITAL IMPROVEMENT PROJECT NO. 20-03): Public Works. 7. SALE AGREEMENT FOR 8.76 ACRES OF CITY -OWNED LAND AND RELATED THIRD AMENDMENT TO GROUND LEASE: Community Development. 1) ADOPTED RESOLUTION NO. 20-7939, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE SALE AGREEMENT AND ESCROW INSTRUCTIONS BETWEEN THE CITY OF DOWNEY AND HOLDINGS DOWNEY, LLC, A DELAWARE LIMITED LIABILITY AND IRG DOWNEY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY FOR THE SALE OF 8.76 ACRES OF CITY -OWNED LAND; AND, 2) INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE THIRD AMENDMENT TO THE GROUND LEASE BETWEEN THE CITY OF DOWNEY AND HOLDINGS DOWNEY, LLC AND IRG DOWNEY, LLC, THEREBY CHANGING THE SCOPE OF THE PROPERTY SUBJECT TO THE LEASE AND THE RELATED AMOUNT OF BASE RENT, ESTABLISHING A REVISED TERMINATION DATE AND MAKING OTHER CLARIFYING AMENDMENTS City Council Minutes Regular Meeting — May 12, 2020 5 8. ADOPTED ORDINANCE NO. 20-1441, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA APPROVING AN AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITIES OF NORWALK, PICO RIVERA, DOWNEY, BELL GARDENS, MONTEBELLO, PARAMOUNT, SANTA FE SPRINGS, AND SOUTH EL MONTE EXTENDING THE TERM OF THE SOUTHEAST AREA ANIMAL CONTROL AUTHORITY: Administration. 9. ADOPTED ORDINANCE NO. 20-1442, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA APPROVING THE SIXTH AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT AMONG THE CITIES OF ARTESIA, BELLFLOWER, CERRITOS, DOWNEY, HAWAIIAN GARDENS, LAKEWOOD, NORWALK, AND PARAMOUNT FOR WORKFORCE DEVELOPMENT SERVICES: Administration. ADMINISTRATIVE REPORTS 10. CREATED AN AD HOC SUBCOMMITTEE TO STUDY TARGETED RESIDENTIAL PICKETING: City Attorney. City Attorney Abich Garcia presented the staff report for this Item No. 10. She provided a brief overview of picketing activities utilizing sound amplification devices and instruments directed at a particular residence or occupant of a particular residential dwelling having caused disturbances to residential neighborhoods in the City. She stated the proposed formation of the ad hoc subcommittee is to study the particular issue and the current Downey Municipal Code for existing enforcement tools. In addition, the ad hoc subcommittee would review ordinances adopted by several other cities targeting residential picketing which have been upheld by the United States Supreme Court as lawful as the ordinance protects the picketer's First Amendment Rights; and, balances the Right of Privacy of residents in their home to maintain peace and tranquility in residential areas. Upon full review the ad hoc subcommittee would return with recommendations to the City Council to decide if any actions would be taken. Mayor Pacheco stated she requested to be on the ad hoc subcommittee. Council Member Saab asked if the item proposed was at the request of staff or how did the proposed item get placed on the agenda. City Attorney Abich Garcia replied the proposal of an ad hoc subcommittee was due to the amount of legal issues involved with this issue and the need for an in depth study to protect the First Amendment as well as the need to protect the Right to Privacy rather than staff bring a report before the City Council for discussion. Staff felt the work of an ad hoc subcommittee to study the issue; collect input from the Chief of Police, other City staff and the City Prosecutor; and, review City documents and ordinances of other cities would be more appropriate. Council Member Saab asked who requested this item. City Attorney Abich Garcia stated the issue was brought to her attention and that is why the item was brought forth tonight. Mayor Pro Tern Frometa requested to be on the ad hoc subcommittee member. Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment on Item No. 10. Mayor Pacheco asked City Clerk Duarte if there were any written comments on Item No. 10. Armando Herman, resident, commented in opposition of the creation of an ad hoc committee; and, in support of protecting the First Amendment. Joey Martinez, resident, commented in opposition of the creation of an ad hoc committee; and, in support of protecting the First Amendment. City Council Minutes Regular Meeting — May 12, 2020 6 Ian Jameson, non-resident, commented in opposition of the creation of an ad hoc committee; and, in support of protecting the First Amendment. Brian Heyman, resident, submitted written comments in support of a study on the issue by an independent consultant; and, in opposition of the creation of an ad hoc committee comprised of Members of the City Council. Maria Estrada, activist, submitted written comments in opposition of the creation of an ad hoc committee; and, in support of protecting the First Amendment. Dr. Rodolfo Cortes Barragan, submitted written comments in opposition of the creation of an ad hoc committee; and, in support of protecting the First Amendment. Nelson Olvera, resident, submitted written comments in opposition of the creation of an ad hoc committee; and, in support of protecting the First Amendment. Carlos Araninar, resident, submitted written comments in opposition of the creation of an ad hoc committee; and, in support of protecting the First Amendment. Having no one else, Mayor Pacheco closed public comment. Mayor Pacheco stated she expressed her concerns regarding picketers utilizing devices to amplify their voices at her private residence and disturbing her neighbors on several occasions. She is concerned with the content rather the manner which is being utilized by the picketers. Her request was to research options available to protect the Right to Privacy of the individual being targeted while protecting the First Amendment. Mayor Pro Tern Frometa expressed her concerns regarding having her rights infringed upon on several occasions and her family being the target of the picketers. She stated the difference between a peaceable assembly and picketers showing up at all hours with voice amplifying devices in residential areas disturbing her neighbors. She agreed protestors have every right to assemble peaceably and their rights need to be protected as she should expect her right to privacy to be protected. She stated the issues being brought before the City Council regarding privatizing water and the Central Basin Municipal Water District have no bearing on the City Council. Council Member Saab stated he does not support the creation of an ad hoc subcommittee for this purpose and he would not support any item restricting an individual's Constitutional rights. He added, he may not agree with the manner in which they are protesting; however, government should not regulate the manner, speech, time and location to gather. Council Member Ashton concurred with Council Member Saab and he does not support Council Members serving on the ad hoc committee since they are directly affected by the picketing. He stated the optics do not appear proper. He stated he does understand the frustration of his fellow Council Members due to the fact that he was targeted last night. He agrees this is not the preferential way to deal with constituents; however, as an elected official it is something that has come about during the COVID-19 pandemic. He stated he is not comfortable supporting this item at this time. Mayor Pacheco asked City Attorney Abich Garcia if there were cities with approved ordinances regarding the issue. City Attorney Abich Garcia confirmed several cities such as the Cities of Tustin, Newport Beach and San Marino do have ordinances in place regarding targeted residential picketing. She mentioned that some have been litigated and the cities have prevailed but most cities do not have an ordinance in place. Discussion ensued amongst the City Council regarding the importance of protecting First Amendment Rights, the devices being utilized in residential neighbors, the disruption to neighbors, the City Council Minutes Regular Meeting — May 12, 2020 7 ability to utilize the existing noise ordinance rather than instituting a new ordinance, and the possibility of litigation and the courts are preferential to the protection of the First Amendment. Mayor Pacheco stated the noise is the focus of her concern. City Attorney Abich Garcia stated in order to review the existing noise ordinance there is no need to create an ad hoc subcommittee. Mayor Pacheco stated no action would be taken on this item. STAFF MEMBER COMMENTS City Manager Livas stated during the Stay at Home orders the public is unable to attend the City Council meetings in person and presentations are not being conducted. He announced the first week in May is Public Service Recognition week and during the COVID-19 pandemic there has been a large amount of work being conducted by staff. Whether it be the Fire Department transporting residents, the Police Department policing to ensure public safety; or, the Parks and Recreation staff delivering meals, conducting wellness checks, doing food drives and handing out food. He stated staff is continuing to conduct City business by ensuring the quality of drinking water and street lights are operational to the public. These are things that must continue during the pandemic that go unseen. He mentioned Golden Park is a couple of weeks away from re -opening, Furman Park is scheduled to open the first week of June and City projects are still moving forward. He thanked Assistant to the City Manager De Rojas, Management Analyst Montenegro, Management Analyst Rivas and Emergency Manager Khlok and other City staff for ensuring vital information is shared with the public. He thanked the City Council for their support. Mayor Pacheco thanked staff for the amazing job during the COVID-19 pandemic. ADJOURNMENT Mayor Pacheco adjourned the Regular City Council meeting at 8:19 p.m. in memory of Jim Edwards, Cerritos City Council Member; and, the lives affected by COVID-19. MARIA ALICIA DUARTE, CIVIC BLANCA PACHECO City Clerk Mayor City Council Minutes Regular Meeting — May 12, 2020 8