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HomeMy WebLinkAboutMinutes 09-08-20 Regular MeetingMINUTES • THE CITY • • THE CITY • r• REGULAR MEETING SEPTEMBER 8, 2020 The City Council of the City of Downey held a Regular City Council Meeting on September 8, 2020, at 6:41 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 (excused) 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 James McQueen, Human Resources Director Jason Chacon, Recreation Manager Alicia Duarte, CIVIC, City Clerk The Invocation was delivered by Nolveris Frometa, Downey Planning Commissioner. The Pledge of Allegiance was led by Michael Calvert, Director, Downey Chamber of Commerce. Mayor Pro Tern Frometa presented Certificates of Recognition to essential workers from Kaiser Permanente, PIH Health Downey Hospital, and Rancho Los Amigos National Rehabilitation Center. 2. Mayor Pro Tern Frometa presented a Certificate of Recognition to PIH for their 100th Anniversary. CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ► • REPORTS Council Member Saab welcomed the audience to the meeting. He mentioned school is now in session and the distance learning transition has gone well. He encouraged the audience to continue to follow safe health practices. He requested staff address the aesthetics and locking mechanisms on the trash receptacles city wide including the bus stops located on the main corridors. He also requested staff address large gatherings and noise at Raising Cane's. Council Member Ashton welcomed the audience to the meeting. He encouraged the audience to continue to follow safe health practices. He requested staff provide a status report on the Park Ranger Program. Mayor Pro Tern Frometa welcomed the audience to the meeting. She acknowledged the healthcare members in the audience and reminded the audience to continue to follow safe health practices. She invited the audience to visit the City's website and social media platforms for updates on Commission's concerns as the negative image along major streets; potential health concerns; Police Officer safety; and, potential fire concerns resulting in a denial of the Zone Code amendment. Staff researched surrounding cities that allow for electrified fencing and found the major common denominator was the manufacturing areas are in a completely separate and isolated area away from in the front setbacks or along a street facing fence. Council Member Saab inquired if the applicant requested the fencing be installed surrounding the entire property. City Planner Landavaso stated the code amendment presented tonight does allow f fencing installed surrounding the entire property. City Planner Landavazo stated staff's recommendation is to uphold the Planning Commission's decision to deny the requested amendment. Council Member Ashton inquired if the Council votes to approve the code amendment, would ihat allow all future applicants to install electrified fencing or would the applications return before the City Council for approval. City Planner Landavazo confirmed the proposed amendment automatically allows for applications for properties in the M-11, M-2 and C-M zones be reviewed and approved by staff no longer requiring Councs approval. She stated the properties on the main thoroughfares. Council Member Rodriguez inquired if the Police Department had concerns regarding an increase in calls in 2020 at the location idened by the applicant, and if the Police Officer's safety is a concern. City Planner Landavazo stated staff's concern is Police Officer's safety and the visibility of the f fencing, including signs. Captain Murray confirmed the Police Department's concern is when a Police Officer responds to a call, especially at night, may have difficulty identifying the electrified security fencing if the size of the signage are not large enough. Council Member Rodriguez inquired about alternative options available in the existing code to secure the property. City Planner Landavazo mentioned the Giant RV site was allowed to install a higher fence in front of the property. She stated another code amendment allows the installation of a second fence with barbed wire behind a decorative fence or block wall. Council Member Saab asked if the applicant applied for an alternative method of fencing. City Planner Landavazo replied the request tonight is unique as the application came from a vendor not the property owner. Council Member Saab inquired if staff would be able to identify alternative fencing and if the code amendment were to be approved whom would be held liable. City Planner Landavazo confirmed staff would appreciate the opportunity to work with the property owner to explore and identify alternative solutions. City Attorney Abich Garcia confirmed the City has several immunities from liability and the City does not consider liability to be an issue. Liability would solely be upon the property owner. Mayor Pro Tern Frometa asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment on the Public Hearing item. Mayor Pro Tern Frometa asked City Clerk Duarte if there were any written comments received on the Public Hearing item. Mayor Pro Tern Frometa asked if there was anyone present who would like to comment on the Public Hearing item. City Attorney Abich Garcia announced this is the time for Council Members to report any pre - hearing discussions with the applicant or any members of the public regarding this matter. There were no Council Member reports. Keith Kaneko, Director, Government Relations, Amarok, provided a brief company history and reasoning for requesting a code amendment. He discussed the challenges the property owners face deterring theft and/or vandalism, aesthetics, product safety, and proposed the draft code amendment language presented tonight. He stated the main purpose is to request the City Council's direction to draft an appropriate code amendment that would meet the City's requirements to allow the installation City Council Minutes Regular Meeting - September 8, 2020 of electrified security fencing. He presented a Power Point presentation highlighting 4,000 installatio across the country which included 1,200 jurisdictions where their product is utilized, the benefits of th products including motion activated video surveillance to dispatch the police department if necessa specific businesses that benefit from the installations, alternate options currently being utilized customers and various aesthetic options. I Council Member Saab stated auto dealerships have their inventory in the public's view a inquired if the dealerships would benefit from the electrified fencing. Mr. Kaneko stated the clealershi were not included due to fencing restrictions on auto dealerships imposed by most Cities. I Mr. Kaneko responded to the comments made about the public health risks of an electrified security fencing. He stated the fencing receives pulsating waves every 1.3 seconds and should not be compared to tasers which operate up towards 40,000 to 50,000 volts of continuous shock per second. He stated the fencing is not designed to debilitate. Having no one else come forward, Mayor Pro Tern closed the Public Hearing at 8:31 p.m. Mayor Pro Tern Frometa reopened the Public Hearing at 8:31 p.m. Council Member Ashton asked if the secondary entry gate doors are electrified how do they open and what prevents someone from cutting through the gates. Mr. Kaneko stated the secondary gate has insulated brackets connected to the front entry gate, when the doors open the gates moves simultaneously and the signage clearly identifies the presences of electrified security fencing. However, if someone is brazen enough to cut through the gate they would encounter the shock and an alarm would be sounded. Mayor Pro Tern closed the Public Hearing at 8:34 p.m. Council Member Saab stated he is empathetic to the business owner. He expressed concerns over the precedence the electrified security fencing would create along the main thoroughfares and the negative image on the community. He stated car dealerships' assets are exposed and they have not requested this method of fencing. He elaborated on the Police Officers' safety, and the issues with the knox master key. He requested staff work with the business to identify alternative methods that would meet their security needs. Council Member Rodriguez stated that car dealerships prefer a more inviting environment so they would not benefit from the security fencing. He agreed with his colleague to have staff work with the business owner to identify alternative methods or products that are more aesthetically pleasing. Council Member Ashton stated he is not opposed to the electrified security fencing with a revision to the Municipal Code requiring a Conditional Use Permit which the Planning Commission and staff review the applications. He agreed with his colleagues to request staff work with the business owner to identify an alternative solution to their issue. Council Member Saab stated he would have a different opinion on the matter if the City had a designated industrial area; however, the electrified security fencings would be allowed on the City's main thoroughfares and would create an uninviting image if the zone amendment was approved. Mayor Pro Tern Frometa thanked staff and Mr. Kaneko for the presentation. She agreed with her colleagues that the image of the community is extremely important and asked staff to work with the business owner. City Manager Livas stated staff will work with the business to identify alternatives. It was moved by Council Member Saab, seconded by Council Member Rodriguez, and carried 4-0-1, with Mayor Pacheco absent to deny a Zone Code Amendment to allow for electrified security fencing in C-M, M-1, and M-2 zoned properties and directed staff to work with the business owner. Mayor Pro Tern Frometa asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment on Non -Agenda items. Mayor Pro Tern Frometa asked City Clerk Duarte if any written public comments were received regarding Non -Agenda items. Mayor Pro Tern Frometa asked if there was anyone present who would like to comment on Non -Agenda items. City Council Minutes Regular Meeting - September 8, 2020 Hava Buchanan, resident, submitted written comments regarding the foul language used during public comments by some individuals. Kevin Ezeh, non-resident, submitted written comments regarding the Hope Housing f Students program being launched at East Los Angeles College for students experiencinj homelessness. He asked the Council to share the program information with the community. Emergency Manager Khlok announced September is National Preparedness Month and t City is conducting a campaign to encourage the community to be prepared for any type of emergenq She asked the audience to visit the City's social media platforms to participate in the weekly contest win first aid kits and emergency blankets. I, Mike Greenspan, non-resident, commented regarding the turnkey project, homelessness, additional funding for low income housing and social distancing. Armando Herman, resident, commented regarding the First Amendment, political leaders, funding for displaced low income families; and, new development for low income housing projects. Having no one else come forward, Mayor Pro Tern Frometa closed Non -Agenda publ comment. I Mayor Pro Tem Frometa asked City Clerk Duarte if there was anyone on the teleconference Iii who would like to comment on Consent Calendar items. Mayor Pro Tern Frometa asked City Cie Duarte if there were any written comments received regarding Consent Calendar items. Mayor Pro Te Frometa asked if there was anyone present who would like to comment on the Consent Calend items. Armando Herman, resident, commented regarding Item Nos. 5 and 6, Measure S Projects, a COVI D-1 9 prevention. I Mike Greenspan, non-resident, commented in opposition to Item Nos. 5 and 6. Having no one else come forward, Mayor Pro Tern Frometa closed public comment. Council Member Saab pulled Item No. 6 for separate discussion. Council Member Ashton pulled Item No. 15 for separate discussion. It was moved by Council Member Saab, seconded by Council Member Ashton and carried 4-0-1 with Mayor Pacheco excused to approve the remainder of the Consent Calendar with Council Member Saab pulled Item No. 6 and Council Member Ashton pulled Item No. 15 for separate discussion. 2. APPROVED MINUTES: Special Meeting of August 25, 2020; Regular Meetings of July 14, 20 and August 25, 2020: City Clerk. I 3. WARRANTS ISSUED: Warrant Nos. 345795-346109; EFT numbers 10100- 10024; Payroll Wirlz Nos. 30004024, 30004028 - 30004029 & 30004031; and, Manual Wire numbers 2053 - 2055, total amount of $3,820,299.49: Finance. City Council Minutes Regular Meeting - September 8, 2020 6. APPROVED AMENDMENT TO THE AGREEMENT WITH DATA TICKET INC. FOR PARKING AND ADMINISTRATIVE CITATION SERVICES; AND, AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT: Police. 474 3 & ME. "Orem 106 a I M —11104 row*^ 2 0 41 o Council Member Saab addressed concerns raised by residents regarding the citation appea process. Captain Murray stated the process is three part, initially the appeal goes before the Poli Department's Traffic Sergeant for review including the body worn camera videos. If the matter is n I resolved thlen t1hey would go throug!"I Data Ticket to request a hearing that 'is held at City Hall. The fin option goes through the Los Angeles Superior Court system. floor. Director Schindler confirmed the administrative hearings are held at City Hall on the seco I Council Member Saab requested the location of the administrative hearings be held within City limits and stipulated in the contract. City Attorney Abich Garcia recommended Council approve the contract and staff would request a Side Letter indicating the second level of review would be held at City Hall. n _171 AA_ C' 0 u 1-1 Cil 11 IRVIlember Saab motioned to approve 'Lille agreement withl Lfata i icket subject to Ll ie modification requiring the in person appeal hearing be held at Downey City Hall. City Attorney Abich Garcia stated the modification of the secondary appeal hearing would be listed as 13.4 of the agreement. it was moved by Council Member Saab, seconded by Council Member Ashton and carried 4-0- 1, with Mayor Pacheco excused to approve the agreement with Data Ticket Inc. for parking and administrative citation services with the modification requiring the secondary process of an in person Administrative Appeal Hearing be held at Downey City Hall. &W-11 Council Member Ashton requested Item No. 15 be pulled for separate discussion. He asked Ci Manager Livas if he recalled any changes to a City plaque format during his time as City Manager. Cii Manager Livas stated in the City's history the standard format has been to list Council Members a staff. Staff had identified instances prior to his tenor where the Parks & Community Servic Commissioners and others- that -were- i nvo Ived- in a specific project -were also included. He stated dun his tenor the plaques have solely included the Council Members and staff names. I Council Member Ashton stated regardless of the good intensions of his colleagues he does not support changing from the standard plaque format used in the past. Council Member Rodriguez stated he requested the item. He mentioned in the City's history there has not been a construction project as large as the Measure S Projects and there may not be WL IJ %,%OLQ Q1 IIQII 111 01 ;W for qluite some time. He would 11i'Ke to recognize and pay tribute to former Mayor David Gafin's unlimited service to the community. He stated the City Council, Independent Citizens' Oversiaht Committee, and the Parks & Community Services Commission need to be recognized for their many hours of service. City Council Minutes Regular Meeting — September 8, 2020 8 Mayor Pro Tern Frometa stated when speaking of a community continually evolving with thM iremenclous milestone projects of Measure S. The projects required dedication to see the projects completion by the Independent Citizens' Oversight Committee, and the Parks & Community Servic Commission. She stated the plaques appropriately represent the City's appreciation for th Council Member Saab inquired if the plaques would be identical on all Measure S Projects. Ci Manager Livas stated the Independent Citizens' Oversight Committee would be on all Measure Projects; however, the Parks & Community Services Commission would only be included on t Measure S Projects related to City Parks. It was moved by Council Member Saab, seconded by Council Member Rodriguez and carried 1-1, with Council Member Ashton voting no and Mayor Pacheco excused to approve the design f Measure S Plaques. STAFF MEMBER COMMENTS City Manager Livas mentioned the new fiscal year started in July and staff is continually monitoring the budget. He thanked the Budget Subcommittee Member and Director Gandhy for their continued efforts. He stated staff is working towards delivering another balanced budget in the upcoming year and will keep Council updated on a regular basis. City Council Minutes