HomeMy WebLinkAbout02b. Minutes - 07-14-20 - Regular MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JULY 14, 2020
The City Council of the City of Downey held a Regular City Council Meeting on July 14, 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
Alex Saab Council Member
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 Council Member Rodriguez. The Pledge of Allegiance was led
by Mayor Pro Tern Frometa.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Saab welcomed the audience to the meeting. He reminded the audience to
continue to follow safe health practices to prevent the spread of COVID-19. He reported attending the
reopening of Furman Park and invited the audience to visit the park. He commented on all the park
improvements including the new Rocket art piece and the history of the art piece as it relates to the
park. He thanked Assistant City Manager Oskoui, City Manager Livas and staff for their phenomenal
job. He stated the City Council encouraged and previously voted to allow outdoor dining in the
Downtown area to help the local businesses. He mentioned the outdoor seating areas are now opening
and invited the audience to enjoy the outdoor dining experience. He requested staff research an app to
reserve park facilities.
Mayor Pro Tern Frometa welcomed the audience to the meeting. She acknowledged Dorothy
Pemberton and Michael Calvert in the audience. She stated the City continues to move forward despite
the challenges of COVID-19. She thanked Mayor Pacheco for her weekly videos to keep residents
informed and invited the audience to visit the City's social medial platforms for COVID-19 updates. She
stated the City has been proactive in conducting wellness checks, providing free meals to seniors,
partnering with the County of L.A. and L.A. Food Bank to conduct food distribution events, and
providing personal protective equipment to first responders and frontline employees. She stated despite
the civil unrest the City of Downey continues to be a united community and the residents organized a
parade last week to thank Chief Milligan and Downey Police Officers for their hard work to ensure the
residents' safety. She stated the Council has implemented a rental assistance program for residential
tenants and a Moratorium on evictions for commercial and residential tenants. The City Council also
approved a temporary outdoor dining program to help restaurants reopen their businesses in
compliance with L.A. County Public Health Orders. She requested staff address homeless activity and
debris at the dialysis center located at Florence and Downey Aves. She requested staff research the
closure of Downey Ave. between 2nd and 3rd Sts. to allow for safe pedestrian activity.
Council Member Ashton welcomed the audience to the meeting. He encouraged the audience
to follow safe health practices. He requested staff research the issuance of citations to property owners
whom allow the discharge of illegal fireworks on their property. He also requested staff research the
installation of hydration stations in the Downtown area to encourage the public to be more conscious of
the environment.
Council Member Rodriguez welcomed the audience to the meeting. He reported participating in
the Clergy Council meeting to discuss moving forward with the affordable housing project for Veterans.
He thanked the residents for participating in the community parade honoring the Downey Police
Department. He thanked Chief Milligan and the Downey Police Department and stated that he values
all police officers and how they willingly place their lives in danger every day to protect the community.
He acknowledged Sam Chevanathan in the audience. He shared that on a weekly basis he dines with
community members at a Downey restaurant to support local businesses and invited the audience to
do the same. He mentioned during the week of 4th of July the Council visited homes with patriotic
decorations. He thanked Recreation Manager Chacon and the Parks and Recreation staff for
organizing the 4th of July Home Decorating Contest. He requested staff address the street vendors
along Imperial Hwy. and Paramount Blvd.
Mayor Pacheco welcomed the audience to the meeting. She mentioned the Council recognized
individuals who decorated their homes for 4th of July. She reported participating in the special ceremony
with Courage Forward to honor those who served the Country and allow everyone to have the
freedoms that everyone enjoys. She thanked Kandy Grzebyk of Positively Downey for organizing the
community parade and The Olive for donating food to the Downey Police Department. She thanked
Chief Milligan and Downey Police Officers for their hard work. She stated the number of Covid-19
cases have increased and reminded the audience to continue to follow safe health practices to prevent
the rise in cases. She stated she will continue to post her weekly videos in an effort to keep the public
informed of the resources available in Downey. She requested staff research the closure of Downey
Ave. between 2nd and 3rd Sts. to allow for outdoor dining and pedestrian activity.
PRESENTATIONS
1. Mayor Pacheco with assistance from Dorothy Pemberton presented a Proclamation in honor of
"Parks Make Life Better" month.
2. Mayor Pacheco with assistance from Directors McQueen and Consunji received a Certificate of
Recognition for being a Patriotic Employer from the Office of the Secretary of National Defense.
The nomination was submitted by city employee George Dela Torre.
NON -AGENDA PUBLIC COMMENT
Mayor Pacheco took this item out of order.
Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who
would like to comment on Non -Agenda items. Mayor Pacheco asked City Clerk Duarte if any written
public comments were received regarding Non -Agenda items. Mayor Pacheco asked if there was
anyone present who would like to comment on Non -Agenda items.
Sage Calderon, non-resident, commented regarding the language used by the speakers during
public comment.
Armando Herman, resident, commented regarding Brown Lives Matter, housing and financial
assistance for Veterans, Americans with Disabilities and the homeless; and, political figures.
Lee Squire, resident, thanked the City Council for the wreath placed on the Veteran's Memorial.
He commented in support of the Downey Police Department and all local Police agencies; and, against
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Regular Meeting — July 14, 2020 2
the attacks on the Police which include the Military Police. He commented regarding the City Council's
support of the Police Department, First Amendment, and freedom of peaceful protest and assembly.
Having no one else come forward, Mayor Pacheco closed Non -Agenda public comment.
ADMINISTRATIVE REPORTS
18. REVIEW OF MEASURE S PROJECTS: Administration.
Mayor Pacheco took this item out of order.
City Manager Livas reported on the parks and fire stations re -openings, and said all the
construction projects that have been completed atribute to the City Council's leadership. He thanked
Assistant City Manager Oskoui for his management of the projects and the Department Heads for
ensuring the projects are completed.
Assistant City Manager Oskoui presented the staff report for Item No. 18. He provided a brief
history regarding the Measure S Projects process in 2015-16: voters approved Measure S in November
2016; the Bond provisions required a constricted timeline to complete the projects; and, the planning
phase included public surveys. He stated the community's overwhelming approval rate was 80 percent
for City Government and almost a 90 percent approval rate for the Police and Fire Departments.
City Manager Livas stated poll takers consider a community's trust in local government as 50
percent plus one. The City, including the Police and Fire Departments, received an approval rate over
80 percent. City Manager Livas accredits the high rate to the partnership between City Government and
the residents.
Assistant City Manager Oskoui stated despite the constraints caused by COVID-19 the projects
are on schedule to be completed by the end of December 2020. He provided an overview of the
Measure S Projects that have been completed. He stated the City Library, Civic Center, Firefighter
Memorial and shade structure at the library are near completion; and, the construction at Fire Station
Nos. 1 and 3 has begun.
RECESS/RECONVENE
Mayor Pacheco recessed the City Council meeting at 7:28 p.m. Mayor Pacheco reconvened the
City Council meeting at 7:43 p.m. with all Council Members present.
Assistant City Manager Oskoui continued his presentation He presented before and after slides
of the Measure S Projects. He thanked the Mayor, City Council and City Manager Livas for their
support and leadership during the Measure S Projects. He thanked the Members of the Independent
Citizens' Oversight Committee for working to ensure every dollar is maximized.
Council Member Rodriguez mentioned the passing of former Mayor David Gafin and requested
the Measure S plaques recognize the Members of the Independent Citizens' Oversight Committee.
Council Member Saab suggested the plaques be commemorative similar to the plaques at the
parks with the Committee Member's names.
City Manager Livas suggested the City Council create an ad hoc subcommittee to define what
the parameters should be in order to appropriately address the requests of the City Council and provide
staff direction.
Mayor Pro Tern Frometa thanked Assistant City Manager Oskoui for the presentation. She also
thanked the Members of the Independent Citizens' Oversight Committee for volunteering their service.
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Regular Meeting — July 14, 2020 3
Mayor Pacheco inquired as to the availability of the Measure S Projects presentation.
City Manager Livas confirmed the meeting was being recorded and the presentation would be
shared on the City's website.
Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who
would like to comment on Item No. 18. Mayor Pacheco asked City Clerk Duarte if there were any
written comments received on Item No. 18. Mayor Pacheco asked if there was anyone present who
would like to comment on Item No. 18.
Armando Herman, resident, commented regarding the completion of the Measure S Projects
and funding; First Amendment Rights; and, opposed additional taxes.
Having no one else come forward, Mayor Pacheco closed public comment.
It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa, and so ordered
by Mayor Pacheco, to receive and file the Measure S Projects review.
PUBLIC HEARINGS
1. REQUEST FOR A ZONE CHANGE TO REZONE A PORTION OF A PROPERTY LOCATED AT
9432 TELEGRAPH ROAD FROM P-B (PARKING BUFFER) TO C-2 (GENERAL COMMERCIAL):
Community Development.
INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING A ZONE CHANGE DESIGNATION (PLN-19-00162) FOR PROPERTY
LOCATED AT 9432 TELEGRAPH ROAD, THEREBY CONVERTING THE NORTH 42 FEET
OF THE PROPERTY FROM P-B (PARKING BUFFER) TO C-2 (GENERAL COMMERCIAL)
Mayor Pacheco opened the Public Hearing at 8:08 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 a brief
overview of the Planning Commission's Public Hearing on May 20, 2020, regarding the property located
at 9432 Telegraph Rd. where the Planning Commission voted unanimously to recommend the City
Council approve the zone change designating the entire property C-2 (General Commercial). She
stated the reason the item is being brought forward tonight is due to the comprehensive update of the
zoning code in 2008 that eliminated the P-B zone to reflect new development standards and
development goals. However, the P-B Zone remained on the Zoning Map and is removed when new
development is proposed on such a property. The proposed Zone Change will be consistent with the
remaining 177.93 feet of the property which is zoned C-2 (General Commercial). The zone change
action would amend the zoning map and make the property consistent with the Zoning Code and the
General Plan, which designates the property to be zoned as entirely commercial. She presented the
new medical office building development being proposed for the site. Staff recommends the City
Council approve a zone change designation (PLN-19-00162) for the property located at 9432
Telegraph Rd., thereby converting the north 42 feet of the property from P-B (Parking Buffer) to C-2
(General Commercial).
Council Member Saab inquired about alternative methods to remove the P-B zone from all the
properties within the City or if it must be brought before the City Council project by project. City Planner
Landavazo confirmed it must be brought before the City Council by project due to the varied notification
requirements.
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Regular Meeting — July 14, 2020 4
Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who
would like to comment on the Public Hearing item. Mayor Pacheco asked City Clerk Duarte if there
were any written comments received on the Public Hearing item. Mayor Pacheco asked if there was
anyone present who would like to comment on the Public Hearing item.
Armando Herman, resident, commented regarding the zone change and designating the
residential zone to commercial zone.
Having no one else come forward, Mayor Pacheco closed the Public Hearing at 8:16 p.m.
It was moved by Council Member Saab, seconded by Council Member Rodriguez, and
approved unanimously to introduce an Ordinance of the City Council of the City of Downey approving a
Zone Change Designation (PLN-19-00162) for property located at 9432 Telegraph Road, thereby
converting the North 42 feet of the property from P-B (Parking Buffer) to C-2 (General Commercial).
CONSENT CALENDAR
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. Mayor Pacheco asked if there
was anyone present who would like to comment on the Consent Calendar items.
Alexander Shirali, non-resident, commented in opposition of Item No. 6.
Armando Herman, resident, commented regarding Item Nos. 6, 7, additional funding for improvements
to the city's infrastructure.
Having no one else come forward, Mayor Pacheco closed public comment.
Mayor Pacheco announced Item No. 6 was being continued to the Regular City Council Meeting
of July 28, 2020.
Council Member Rodriguez abstained from Item No. 7, due to the close proximity to his
residence; and, Item No. 10, due to the close proximity to his rental property.
2020.
Council Member Saab abstained from Item No. 7, due to the close proximity to his residence.
Mayor Pro Tern Frometa abstained from Item No. 2, the Regular Meeting Minutes of May 26,
Mayor Pacheco abstained from Item No. 8, due to the close proximity to her business.
It was moved by Council Member Saab, seconded by Council Member Rodriguez and carried
unanimously to approve the remainder of the Consent Calendar with Item No. 6 being continued to the
City Council Meeting of July 28, 2020; Council Member Rodriguez abstaining from Item No. 7; Council
Member Saab abstaining from Item No. 7; Mayor Pro Tern Frometa abstaining from Item No. 2, the
Regular Meeting Minutes of May 26, 2020; and, Mayor Pacheco abstaining from Item No. 8.
2. APPROVED MINUTES: Special Meetings of June 9 and 23, 2020; Regular Meeting of May 26 and
June 9, 2020: City Clerk.
3. WARRANTS ISSUED: Warrant Nos. 344425 — 344934; A/P EFT numbers 10001 — 10027; Payroll
Wire Nos. 30004005 — 30004009 & 30004011 — 30004013; and, Manual Wire Nos. 2015 — 2019 in
the total amount of $6,544,867.65: Finance.
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Regular Meeting — July 14, 2020 5
4. ACCEPTED WORK FOR WOODRUFF AVE. WATER SYSTEM IMPROVEMENTS; APPROVED
FINAL CONSTRUCTION CONTRACT AMOUNT OF $1,856,616; AND, AUTHORIZED THE
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE THE NOTICE OF COMPLETION
(CAPITAL IMPROVEMENT PROJECT NO. 19-01): Public Works.
5. ACCEPTED THE FIRE STATION 1 AND FIRE STATION 3 MODERNIZATION AND EXPANSION
PROJECT AS COMPLETE; APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT
OF $10,744,504.81 WHICH INCLUDES THE COST OF ALL ISSUED CHANGE ORDERS TO THE
ORIGINAL CONSTRUCTION CONTRACT; AUTHORIZED THE ASSISTANT CITY MANAGER TO
ISSUE AND FILE THE PROJECT'S NOTICE OF COMPLETION; AND, AUTHORIZED
INCREASING THE PREVIOUSLY APPROVED BUDGETS FOR FIRE STATION 1 AND FIRE
STATION 3 MODERNIZATION AND EXPANSION PROJECTS (CAPITAL IMPROVEMENT
PROJECT NOS. 19-37-01 AND 19-37-03): Administration.
6. REJECT BID PROTESTS RECEIVED FROM KLASSIC ENGINEERING AND CONSTRUCTION,
INC. AND R.C. CONSTRUCTION SERVICES, INC.; AWARD A CONSTRUCTION CONTRACT, IN
THE AMOUNT OF $6,002,302.17 TO HOFFMAN MANAGEMENT & CONSTRUCTION
CORPORATION FOR THE FIRE STATIONS 2 AND 4 MODERNIZATION AND EXPANSION;
AUTHORIZE 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 NOS. 19-37-02
AND 19-37-04): Administration.
7. AWARDED CONTRACT IN THE AMOUNT OF $2,018,005.80 TO SIALIC CONTRACTORS
CORPORATION, DBA SHAWNAN, FOR CONSTRUCTION OF FY 2019120 RESIDENTIAL
STREETS PAVEMENT REHABILITATION PROJECT; AND, AUTHORIZED THE PUBLIC
WORKS DIRECTOR/CITY ENGINEER TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL
SCOPE OF WORK DEEMED NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT
BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 20-03): Public Works.
8. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED IMPLEMENTATION OF THE
ART PLAZA AT THE SOUTHWEST CORNER OF DOWNEY AVE. AND 2ND ST.; AUTHORIZED
THE CITY MANAGER TO EXECUTE CONTRACT AGREEMENTS; AND, AUTHORIZED THE
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO EXECUTE ANY CHANGE ORDERS OR
ADDITIONAL SCOPE OF WORK AS DEEMED NECESSARY UP TO THE APPROVED
PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 21-10): Public Works.
9. ACCEPTED WORK FOR MISCELLANEOUS SEWER SPOT REPAIRS AND MANHOLE
REHABILITATION; APPROVED FINAL CONSTRUCTION CONTRACT AMOUNT OF $92,395.42;
AND, AUTHORIZED THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE THE
NOTICE OF COMPLETION (MISCELLANEOUS PROJECT NO. 324): Public Works.
10. ACCEPTED WORK FOR PATTON RD. WATER MAIN IMPROVEMENTS; APPROVED FINAL
CONSTRUCTION CONTRACT AMOUNT OF $178,976; AND, AUTHORIZED THE DIRECTOR OF
PUBLIC WORKS/CITY ENGINEER TO FILE THE NOTICE OF COMPLETION
(MISCELLANEOUS PROJECT NO. 344): Public Works.
11. APPROVED AN OPERATING AGREEMENT BETWEEN THE CITY OF DOWNEY AND THE
DOWNEY ART VIBE TO OPERATE STAY GALLERY, IN AN AMOUNT NOT TO EXCEED
$75,000 FOR A TERM OF AUGUST 1, 2020 TO MAY 31, 2023; AUTHORIZED THE MAYOR TO
EXECUTE THE OPERATING AGREEMENT; AND, AUTHORIZED THE CITY MANAGER TO
EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT: Community Development.
12. APPROVED AGREEMENT WITH THE LOS ANGELES CONSERVATION CORPS IN THE
AMOUNT OF $12,540 FOR LITTER ABATEMENT SERVICES; AUTHORIZED THE MAYOR TO
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Regular Meeting — July 14, 2020 6
EXECUTE THE AGREEMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY
AMENDMENTS TO THE AGREEMENT DEEMED NECESSARY: Public Works.
13. APPROVED A SERVICE AGREEMENT BETWEEN MOTOROLA SOLUTIONS AND THE CITY
OF DOWNEY FOR MAINTENANCE, REPAIR AND SUPPORT OF 911 COMMUNICATION
INFRASTRUCTURE AND EQUIPMENT FROM JULY 1, 2020, TO JUNE 30, 2021: Fire.
14. APPROVED A SERVICE CONTRACT BETWEEN COMMLINE, INC. AND THE CITY OF
DOWNEY FOR MAINTENANCE AND REPAIR OF 911 COMMUNICATION INFRASTRUCTURE
AND EQUIPMENT FROM JULY 1, 2020, TO JUNE 30, 2021: Fire.
15. ADOPTED ORDINANCE NO. 20-1446, AN UNCODIFIED URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DOWNEY PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTIONS 8634 AND DOWNEY CITY CHARTER SECTIONS 511 AND 514 ENACTING A
TEMPORARY EXTENSION OF THE VALIDITY OF PLANNING ENTITLEMENTS AND PERMITS
ISSUED BY THE COMMUNITY DEVELOPMENT DEPARTMENT AND EXTENDING THE TIME
FOR REVIEW AND ACTION ON DEVELOPMENT APPLICATIONS IN RESPONSE TO EFFECTS
OF THE COVID-19 PANDEMIC; AND, SETTING FORTH THE FACTS CONSTITUTING SUCH
URGENCY: Community Development.
16. PLANNING COMMISSION MEETING RULES AND REGULATIONS: Community Development.
APPROVED RESOLUTION NO. 20-3122, A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF DOWNEY UPDATING RULES AND REGULATIONS OF
THE PLANNING COMMISSION IN ACCORDANCE WITH SECTION 904 OF THE DOWNEY
CITY CHARTER.
17. RECEIVED AND FILED THE FINDINGS OF AN ANNUAL DOWNTOWN PARKING
ASSESSMENT BY DIXON RESOURCES UNLIMITED: Community Development.
STAFF MEMBER COMMENTS: None.
ADJOURNMENT
Mayor Pacheco adjourned the Regular City Council meeting at 8:27 p.m. in memory of Spc.
Vincent Sebastian Ibarria, 21, San Antonio, TX who was supporting Operation Freedom's Sentinel;
Spc. Vanessa Guillen, 20, Houston, TX; Police Officer Anthony Dia, 26, Toledo Ohio Police
Department, killed in the line of duty; Beatrice Renteria, Rio Hondo Elementary School Employee;
David Gafin, former Downey Mayor; and, the lives affected by COVID-19.
MARIA ALICIA DUARTE, CMC
City Clerk
BLANCA PACHECO
Mayor
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Regular Meeting — July 14, 2020 7