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HomeMy WebLinkAbout04b. Minutes - 09-22-20 - Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING SEPTEMBER 22, 2020 The City Council of the City of Downey held a Regular City Council Meeting on September 22, 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 Claudia M. Frometa Mayor Pro Tern Sean Ashton Council Member (teleconference) Rick Rodriguez Council Member (excused) 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 Greg Welch, Downey Police Department Chaplain. The Pledge of Allegiance was led by Michael Calvert, Director, Downey Chamber of Commerce. PRESENTATIONS Mayor Pacheco presented Certificates of Recognition to the Los Angeles County Library; and, the Downey Police and Public Works Departments for their assistance in the Mega Food Drive 2020. 2. Presentation to the City Council regarding an update of the West Santa Ana Branch Transit Corridor Project by the Los Angeles County Metropolitan Transportation Authority. CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE/MEETING REPORTS Council Member Saab welcomed the audience to the meeting. He mentioned his request to staff at the previous City Council Meeting to address the trash receptacles citywide including bus stops. He requested staff address the bus stop bench design and branding to provide consistency citywide. Mayor Pro Tern Frometa welcomed the audience to the meeting. She acknowledged Michael Calvert in the audience. She encouraged the audience to participate in the 2020 Census prior to the September 30 deadline to ensure the community receives the appropriate funding. She encouraged the audience to scan the QR code on the last page of the City Council Meeting Agenda to see the City's 2019-20 Accomplishments including the Measure S Improvement Projects and City's Pavement Management Plan. She stated in 2019-20 the City of Downey repaved over 2.05 million square feet of streets and she thanked Director Consunji and his staff for a job well done in supervising the Pavement Management Plan. She mentioned the City will continue to focus on street improvements, infrastructure, and moving forward with the completion of the Measure S Improvement Projects. She thanked City Manager Livas for his leadership. She thanked Fire Chief Gillaspie and the firefighters deployed to assist in the various fires throughout California. She stated the City was recognized as Tree City USA. Over 3,000 new trees have been planted citywide. She thanked staff and individuals who helped support these efforts. She requested staff enforce street vendors permit requirements. She requested staff address signage posted on buildings at The Promenade and various strip malls citywide. She also requested staff address speeding on Lakewood Blvd. between Imperial Hwy. and Gallatin Rd.; Stewart & Gray Rd. between Woodruff Ave. and Old River School Rd.; Florence Ave. between the 605 Freeway and Paramount Blvd.; and, Downey Ave. and Brookshire Ave. between Florence Ave. and Gallatin Rd. Council Member Ashton welcomed the audience to the meeting. He mentioned his concern about the filming that took place at the original McDonald's and TMZ's reporting of the aftermath related to the filming permit fees. He requested staff review and update the Film Permit Ordinance fees and penalties for non-compliance. Mayor Pacheco welcomed the audience to the meeting. She reported attending the PIH Downey centennial drive-thru parade and thanked Downey Fire and Police Departments for their participation in the event. She mentioned the importance of recognizing all medical professionals for everything they are doing for the community during the pandemic. She encouraged the audience to scan the QR code on the last page of the City Council Meeting Agenda to see the City's 2019-20 Accomplishments and the Pavement Management Plan. She inquired about the start date for the Old River School Rd. Pavement Rehabilitation Project. Director Consunji stated the contract is on the Agenda tonight for City Council consideration and if approved the project will begin early October. She requested staff address illegal dumping on Foster Rd. near the riverbed on the eastern side of the City. PUBLIC HEARINGS: None. NON -AGENDA PUBLIC COMMENT 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. Joshua Semoore, resident, submitted written comments to thank the City Council for their hard work and in opposition of Proposition 16. Beth Pelaez, resident, submitted written comments in opposition of Proposition 16 and discrimination based on race or gender. Wayne Spindler, non-resident, commented regarding supporting local businesses and unpermitted events. Alexandria Contreras, resident, commented regarding the proposed L.A. County Metropolitan Transportation Authority's West Santa Ana Branch Transit Corridor Project. Lucia Cruz, non-resident, commented regarding renter protection and against water rate increases. Armando Herman, resident, commented regarding criminal prosecution and in support of the West Santa Ana Branch Transit Corridor Project. Mike Greenspan, non-resident, congratulated Council Member Ashton on his appointment as President -Elect Downey of the Independent Cities Association; and, political figures. City Council Minutes Regular Meeting — September 22, 2020 2 Lee Squire, resident, thanked the City Council for recognizing health care workers at the previous City Council Meeting. He commented regarding the Abraham Accords Peace Agreement amongst the United States and Israel -United Arab Emirates. Catherine Alvarez, resident, read correspondence from Maria Vera regarding her family's loss. Non-resident, no name provided, commented regarding political figures, and in support for Veterans. Rodolfo Cortes Barragan, non-resident, commented regarding housing and rental assistance, eviction protection, political leaders, and Metro Transit Projects. Joey Martinez, resident, commented regarding Central Basin Municipal Water District's Board of Directors, update regarding SB 625, and political figures. Jeannie Wood, resident, thanked the City Council for doing a great job. Brian Heyman, resident, wished Council Member Rodriguez a speedy and full recovery. He commended Assistant City Manager Oskoui for his work at the Central Basin Municipal Water District and for managing the City's Measure S Improvement Projects. He thanked City Management and the City Council for continuing to do a fantastic job. He commented regarding humanity and civil discourse. Having no one else come forward, Mayor Pacheco closed Non -Agenda public comment. 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. Mike Greenspan, non-resident, commented regarding Item Nos. 4, 5, 6, and 7. Armando Herman, resident, commented regarding Item Nos. 3 and 7, Measure S Projects, Measure M Projects, and COVID-19. Rodolfo Cortes Barragan, non-resident, commented regarding Item Nos. 7, 8, and 12, and in support of free public transportation. Non-resident, no name provided, commented regarding Item Nos. 3 and 7. She commended Director Consunji for his attentiveness and responsiveness to residents. Having no one else come forward, Mayor Pacheco closed public comment. Mayor Pro Tern Frometa abstained from Item No. 8, due to her employment; and, pulled Item Nos. 3, 10, and 11 for separate discussion. Mayor Pacheco abstained from Item No. 1, due to her absence from the meeting. It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa and carried 4-0- 1 to approve the remainder of the Consent Calendar with Council Member Rodriguez excused; Mayor Pacheco abstaining from Item No. 1; and, Mayor Pro Tern Frometa abstaining from Item No. 8 and pulling Item Nos. 3, 10, and 11. 1. APPROVED MINUTES: Special and Regular Meetings of September 8, 2020: City Clerk. City Council Minutes Regular Meeting — September 22, 2020 3 2. WARRANTS ISSUED: Warrant Nos. 346110 — 346409; EFT numbers 10125 — 10155; Payroll Wire Nos. 30004027, 30004030 & 30004033 — 30004035; and, Manual Wire numbers 2056 — 2057, total amount of $2,739,621.35: Finance. 4. ACCEPTED WORK FOR TWEEDY LN. PAVEMENT REHABILITATION; APPROVED FINAL CONSTRUCTION CONTRACT AMOUNT OF $353,541.87; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO FILE THE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 18-05): Public Works. 5. ACCEPTED WORK FOR COLDBROOK AVE., CORRIGAN AVE., AND VULTEE AVE. WATER SYSTEM REPAIRS; APPROVED FINAL CONSTRUCTION CONTRACT AMOUNT OF $37,500; AND, AUTHORIZED THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE THE NOTICE OF COMPLETION (MISCELLANEOUS PROJECT NO. 346): Public Works. 6. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH JOHN L. HUNTER AND ASSOCIATES, INC. IN THE TOTAL AMOUNT OF $341,337 FOR MS4 NPDES PROGRAM SERVICES FOR A PERIOD OF THREE YEARS WITH AN OPTION TO RENEW FOR AN ADDITIONAL TWO YEARS; AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY WITHIN THE PROGRAM BUDGET: Public Works. 7. APPROVED A MASTER COOPERATIVE AGREEMENT WITH THE LOS ANGELES METROPOLITAN TRANSPORTATION AUTHORITY FOR THE DESIGN, CONSTRUCTION, OPERATION AND MAINTENANCE OF A PORTION OF THE WEST SANTA ANA BRANCH TRANSIT CORRIDOR PROJECT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE THE AGREEMENT, SUBJECT TO APPROVAL BY THE LOS ANGELES METROPOLITAN TRANSPORTATION AUTHORITY BOARD AT A LATER DATE: Administration. 8. AUTHORIZED STAFF TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP TO PROVIDE OCCUPATIONAL HEALTH AND SAFETY SERVICES FOR THE CITY OF DOWNEY: Human Resources. 9. ADOPTED RESOLUTION NO. 20-7969, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MICHAEL MURRAY TO THE INDEPENDENT CITIZENS OVERSIGHT BOARD FOR COUNCIL DISTRICT 1: Mayor Pacheco. 12. RECEIVED AND FILED THE 2020 LOCAL AGENCY BIENNIAL NOTICE: City Clerk/City Attorney. OTHER BUSINESS 3. AWARDED A CONSTRUCTION CONTRACT IN THE AMOUNT OF $2,245,893 TO THE R.J. NOBLE COMPANY FOR THE OLD RIVER SCHOOL RD. PAVEMENT REHABILITATION PROJECT; 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; AND, AUTHORIZED TRANSFER OF $53,103.50 IN MEASURE R LOCAL RETURN FUNDS FROM ACCOUNT NO. 56-16789 TO ACCOUNT NO. 56-16628 (CAPITAL IMPROVEMENT PROJECT NO. 16-20): Public Works. Mayor Pro Tern Frometa pulled Item No. 3 for separate discussion. She requested staff provide a staff report for the item to address the cost of the project. Director Consunji provided a brief overview of the plans and specifications of the project including the installation of traffic signals and fiber optic cables, pavement reconstruction, implementation of bike lanes, striping and signage. He stated the significant cost increase for this City Council Minutes Regular Meeting — September 22, 2020 4 project consists of a full reconstruction of the pavement which includes concrete improvements and not solely a slurry seal or overlay. He stated R.J. Noble Company is scheduled to begin construction November 2020 and is expected to be complete the work by April 2021. Mayor Pro Tern Frometa inquired if any significant delays are anticipated. Director Consunji confirmed no delays are anticipated however there is always the possibility of unexpected utility delays that cannot be identified until the construction begins. Mayor Pro Tern Frometa asked how the residents are being notified of the upcoming construction project. Director Consunji stated residents are notified via social media posts and written communication sent to residents and businesses that will be directly affected or are within 300 feet from the project. If parking will be impacted signage will be posted 72 hours in advance. Council Member Ashton inquired how the two schools in the area will be notified when they return to session. Director Consunji stated the schools and parents are notified through social media and written communications. Council Member Saab inquired if the fiber optic cabling being installed is solely for the traffic signal communications. Director Consunji confirmed it is currently for traffic signal communications and the conduit being installed will allow for fiber optic cabling to be used for other purposes. It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa and carried 4-0- 1, with Council Member Rodriguez excused to award a construction contract in the amount of $2,245,893 to the R.J. Noble Company for the Old River School Rd. Pavement Rehabilitation Project; authorize 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; and, authorize transfer of $53,103.50 in Measure R Local Return Funds from Account No. 56-16789 to Account No. 56-16628 (Capital Improvement Project No. 16-20). 10. ELECTRIC VEHICLE CHARGING SYSTEMS MUNICIPAL CODE AMENDMENT: Community Development. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 8986 ("ELECTRIC VEHICLE CHARGING SYSTEMS") TO CHAPTER 11 (DOWNEY GREEN BUILDING STANDARDS CODE) OF ARTICLE VI11 ("BUILDING REGULATIONS") OF THE DOWNEY MUNICIPAL CODE Mayor Pro Tern Frometa pulled Item No. 10 for separate discussion. She inquired if Item No. 10 is solely a checklist of requirements or is it to install additional charging stations. Director Schindler stated the item being brought forth tonight is to introduce the topic for a public hearing at the next scheduled City Council Meeting. He stated the State of California passed Assembly Bill 1236 with the goal to expedite the approval process of the installation of any future charging stations. Mayor Pro Tern Frometa asked how long the current approval process takes. Director Schindler stated the approval process time can vary based on the scope of work and could take upto four months. If this item is approved by Council this evening the length of time would be reduced by 50 percent. It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa and carried 4-0- 1, with Council Member Rodriguez excused to introduce an Ordinance of the City Council of the City of Downey adding Section 8986 ("Electric Vehicle Charging Systems") to Chapter 11 (Downey Green Building Standards Code) of Article VIII ("Building Regulations") of the Downey Municipal Code. 11. GRADING REGULATIONS AND MUNICIPAL CODE UPDATES: Community Development. City Council Minutes Regular Meeting — September 22, 2020 INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING IN ITS ENTIRETY SECTION 8730 ("GRADING REGULATIONS") OF ARTICLE VIII ("BUILDING REGULATIONS") OF CHAPTER 8 ("FLOODPLAIN MANAGEMENT, GRADING AND PAVING") BY ADOPTING BY REFERENCE THE 2019 CALIFORNIA BUILDING CODE APPENDIX J WITH LOCAL AMENDMENTS; ADDING SECTION 8999.18 TO ARTICLE VIII ("BUILDING REGULATIONS"), CHAPTER 13 ("DOWNEY RESIDENTIAL CODE") OF THE DOWNEY MUNICIPAL CODE AMENDING SECTION R401.4 OF THE 2019 EDITION OF THE CALIFORNIA RESIDENTIAL CODE; AND ADDING SUBSECTION 8999.44.5 TO SECTION 8999.44 ("VIOLATIONS") OF ARTICLE VIII ("BUILDING REGULATIONS"), CHAPTER 14 ("DOWNEY ADMINISTRATIVE BUILDING AND HOUSING CODE") OF THE DOWNEY MUNICIPAL CODE Mayor Pro Tern Frometa pulled Item No. 11 for separate discussion. She stated the City Council approved the adoption of the 2019 Edition of the California Residential Code earlier this year and requested staff provide additional information on the item to the City Council. Director Schindler stated the item being brought forth tonight is to introduce the topic for a public hearing at the next scheduled City Council Meeting. He stated staff conducted review of the current code and identified this item requires an update to include the current technology being used by the industry. Mayor Pro Tern Frometa inquired if Section R401.4 for ADA's and additions to existing single family residences would be impacted. Director Schindler stated the update would expedite the permit process. City Manager Livas stated the update would not have a negative impact on residential zoning. Council Member Saab inquired how the City Prosecutor became involved in this process. Director Schindler stated the particular site contains legal construction without permits and much of the activity relates to grading and the compaction rates in terms as to what the site will be able to support in the future. Staff wants to ensure the calculations are accurate when the Department is notified of projects that occurred without permits. It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa and carried 4-0- 1, with Council Member Rodriguez excused to introduce an Ordinance of the City Council of the City of Downey amending in its entirety Section 8730 ("Grading Regulations") of Article VIII ("Building Regulations") of Chapter 8 ("Floodplain Management, Grading and Paving") by adopting by reference the 2019 California Building Code Appendix J with local amendments; adding Section 8999.18 to Article VIII ("Building Regulations"), Chapter 13 ("Downey Residential Code") of the Downey Municipal Code amending Section R401.4 of the 2019 Edition of the California Residential Code; and adding Subsection 8999.44.5 to Section 8999.44 ("Violations") of Article VIII ("Building Regulations"), Chapter 14 ("Downey Administrative Building and Housing Code") of the Downey Municipal Code. ADMINISTRATIVE REPORTS 13. ADOPTED A VETERANS MEMORIAL POLICY FOR THE LISTING OF VETERAN NAMES ON THE CITY'S VETERANS MEMORIAL OUTSIDE OF CITY HALL: Administration. Assistant to the City Manager De Rojas presented the staff report for Item No. 12. She provided a brief history of the City's commitment to honor Veterans. She stated the City's Veterans Memorial was dedicated November 12, 2012, with the name of a Centenarian World War II Veteran. She stated staff surveyed 10 surrounding cities regarding their Veterans Memorial Policy and learned that none had an official policy in place regarding the placement of names on their Veterans Memorial. Staff found the majority of the cities have a consistent practice and two cities had an application process, the Veteran must be a resident of the City and died in combat while serving in the U.S. Armed Forces. Council Member Ashton inquired if staff contacted other organizations engaged with the City's Veterans affairs. Assistant to the City Manager De Rojas confirmed the City had only contacted City Council Minutes Regular Meeting — September 22, 2020 6 surrounding cities to inquire about Veterans Memorial policies. Council Member Ashton recommended staff engage other local Veteran organizations for their participation and input prior to moving forward with adopting a policy. Council Member Saab asked if there were any fees associated with the application and if the residency requirement of five years is accrued over their lifetime. Assistant to the City Manager De Rojas stated staff identified some cities do charge a fee for the cost of the plaque or bricks in their Veterans Memorial plazas and confirmed staff is not recommending any fees. She stated the five year residency requirement would be accrued. Mayor Pro Tern Frometa inquired of the 10 cities contacted was this the main criteria for their applications. Assistant to the City Manager De Rojas confirmed the main requirements for the 10 cities' process were reviewed and the main criteria was incorporated into the policy brought forth tonight. Mayor Pro Tern Frometa stated she is satisfied with staff's due diligence and that their research is thorough. She moved to approve staff's recommendations. Mayor Pacheco agreed that staff conducted sufficient research to draft the policy to honor Veterans and seconded the motion. She asked staff to identify additional possible locations where Veterans can be honored. Council Member Saab stated Council Member Rodriguez requested this item and he recommended the item be brought back at a future meeting when Council Member Rodriguez is present. City Manager divas confirmed meeting with Council Member Rodriguez regarding the item and said he was in agreement to proceed with the item as it is being presented. He stated one of the challenges staff identified is the memorial does not have a large space. The policies of the other cities also fell in line with not having sufficient space to honor every Veteran therefore we lead to honor the Veterans that died in combat. He stated the policy is essentially the same as the policy for the Fire and Police Memorials honoring the individuals that have passed during active duty. He stated staff has discussed reaching out to the Cemetery to see if requests that do not meet the City's criteria could have a potential alternative location where they can be honored. Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment on Item No. 13. Mayor Pacheco asked City Clerk Duarte if there were any written comments received on Item No. 13. Mayor Pacheco asked if there was anyone present who would like to comment on Item No. 13. Non-resident, no name provided, commented in support of honoring the fallen soldiers. She thanked the City Council and staff for their continued efforts to maintain this beautiful City. Armando Herman, resident, commented regarding additional resources for Veterans to prevent homeless and substance abuse. Mike Greenspan, non-resident, commented regarding Veteran suicide and homeless prevention; and, in support of Item No. 13. Rodolfo Cortes Barragan, non-resident, commented in opposition of Item No. 13, and political figures. He commented regarding the development of affordable housing and programs to address mental health issues for Veterans. Joey Martinez, resident, commented in opposition of Item No. 13, and in support of the providing programs for housing and mental health issues for Veterans. City Council Minutes Regular Meeting — September 22, 2020 Brian Heyman, resident, commented to thank the City Council for their support of Veterans and various local Veteran organizations and in support of Item No. 13. Having no one else come forward, Mayor Pacheco closed public comment. It was moved by Mayor Pro Tern Frometa, seconded by Mayor Pacheco and carried 4-0-1, with Council Member Rodriguez excused to adopt a Veterans Memorial Policy for the listing of Veteran names on the City's Veterans Memorial outside of City Hall. 14. PROVIDED DIRECTION TO STAFF REGARDING THE CLOSURE OF DOWNEY AVE. BETWEEN 2ND AND 3RD ST.: Community Development. Mayor Pacheco abstained from Item No. 14, due to the close proximity to her place of business and left the dais. Director Schindler presented the staff report for Item No. 14. He provided a brief history regarding the implementation of the street closure of Downey Ave. between 2nd and 3rd St. in response to the County of L.A. "Safer at Work and in the Community for Control of COVID-19" order prohibiting indoor dining and the 60 day update report on the Outdoor Dining Program. He presented an overview of the Outdoor Dining Program's requirements and restrictions, the three businesses currently utilizing the program and update regarding the Downey Police Departments 21 calls for service. He said Code Enforcement received three calls and stated staff's is in constant communication with the Downtown Downey Association. Council Member Saab inquired if the 21 Police Department phone calls are typical or were the calls higher than usual during the 60 day timeframe. Director Schindler stated the 21 calls were received roughly within the 60 day timeframe. Chief Milligan confirmed the period was from July 25 through September 20, 2020. He stated the number of calls were slightly lower than the number of calls received in the previous year during the same timeframe. Council Member Saab asked what the subject matter was on the Code Enforcement calls. Director Schindler stated the calls were for outdoor television, a L.A. County Health violation of restaurant/bar not following the COVID-19 provisions, and for speakers posted on a public post. Director Schindler stated the Downtown Downey Association conducted a business survey and reported eight were returned with four supporting the street closure and four opposed. In general, the businesses located on the southside of Downey Ave. were opposed to the closure due to the lack of parking and ability to gain access to the buildings. The businesses to the north of Downey Ave. did not oppose the street closure. He stated the Downtown Downey Association's Board held a meeting in September to discuss at length the street closure; and, the Board motioned to open Downey Ave. and work with City staff on the size of their parklets. They coordinate ingress and egress. He reported the businesses expressed concern regarding the size of parklets, the west side of the street is angled parking, allowing for deeper parklet sizes, versus the east side, which has parallel parking. Staff did research their concerns by either visiting or contacting cities that allow for parklets and found the similarity with regards to the east side parking as a natural layout in most cities. Council Member Saab inquired which cities were visited. Director Schindler stated staff visited San Pedro, Long Beach, Seal Beach and Belmont Shores. Director Schindler stated Council Member Ashton requested staff to research the possibility of the installation of bollards at the July 28, 2020 City Council Meeting. He stated the bollards could provide the ability to open and close Downey Ave. frequently and readily a lot more easily rather than the use of k-rails. Staff received bids for bollards to be installed on Downey Ave at 2nd and 3rd St. The manual bollards were approximately $65 thousand and the automatic bollards, rising and retracting at the touch of a button, were approximately $145 thousand. He stated staff is seeking direction as to how to proceed. He provided options as continuing to leave Downey Ave. closed with k-rails, re -open City Council Minutes Regular Meeting — September 22, 2020 8 Downey Ave. with pre-Covid conditions or re -open Downey Ave. utilizing parklets and run k-rails along the entire street on each side allowing individual parklets for the store fronts. Staff has continued to assess the Covid funding and identified an opportunity to provide assistance in either the reconstruction of the existing parklets or installation of new parklets. Council Member Saab inquired as to the number of vehicles that utilize Downey Ave. daily. Director Consunji stated the average number of vehicles that drive through Downey Ave. pre-Covid are approximately 12,500 which now utilize alternative routes. Council Member Saab inquired if businesses are able to utilize the sidewalks. Director Schindler stated sidewalks are currently being utilized and provide the required 48 inches clearance to maintain the Americans with Disabilities Act compliant. City Manager Livas stated two businesses have enclosed patios on the sidewalk in front of the business. He stated for the cities that have a lot of restaurants in one common location those cities have set up a community outdoor eating area. Mayor Pro Tern Frometa stated the City realizes the difficulty imposed on the businesses to navigate financially while balancing the health aspect to ensure the public's safety. She stated that the pedestrian traffic is higher in the ladder part of the evening and she would prefer option no. 3 to reopen to allow for vehicle traffic with parklets. City Manager Livas stated staff has been conscientious of the needs of the businesses while balancing public health issues. The reason the City has not allowed outdoor television or music is the idea of an outdoor dining experience is to serve food and turn tables so patrons do not linger in a common area. He recommended the option to open Downey Ave. and allow for outdoor dining guarded by k-rails to ensure the public's safety. He mentioned that the businesses that do not have the wherewithal to reopen may apply for financial assistance through the CARES Act. He stated staff will enforce violations of those businesses that did not build their parklets up to code. Council Member Saab inquired how many businesses are in the District. Director Schindler stated there are 58 retail businesses in the District. Council Member Ashton stated ultimately safety is the priority and he asked if Downey Ave. were to be reopened what measures would staff take to ensure patrons' safety. He asked if additional signage can be posted to detour drivers from dropping off passengers. City Manager Livas stated k- rails would be installed along the entire street in front of the parklets to protect the patrons. Mayor Pro Tern Frometa inquired if the Farmer's Market would return to Downey Ave. City Manager Livas stated the Farmer's Market has been successful at its current location and prefers not to return to Downey Ave. Mayor Pro Tern Frometa asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment on Item No. 14. Mayor Pro Tern Frometa asked City Clerk Duarte if there were any written comments received on Item No. 14. Mayor Pro Tern Frometa asked if there was anyone present who would like to comment on Item No. 14. Wayne Spindler, non-resident, commented in opposition to outdoor dining and the street closure. Simon, resident and business owner of Joseph's Bar and Grill, commented in opposition to re- opening Downey Ave. He commented regarding the benefits of the street closure to allow businesses to reopen and employees to return to work. Mario Trujillo, resident, commented in support of reopening Downey Ave. with the installation of bollards on Friday evening and removed Sunday to allow for traffic during the week. City Council Minutes Regular Meeting — September 22, 2020 9 Mike Greenspan, non-resident, commented in support of the installation of manual bollards to allow for evening street closures. Armando Herman, resident, commented regarding COVID-19's impact on businesses and in opposition to the closure of Downey Ave. figures. Rodolfo Cortes Barragan, non-resident, commented regarding conflict of interests and political Joey Martinez, resident, commented regarding funding for local business owners. Having no one else come forward, Mayor Pro Tern Frometa closed public comment. Council Member Ashton inquired should Downey Ave. be reopened and parklets allowed what timeframe would be allowed for businesses to modify the existing parklets. City Manager Livas stated it would be at the Council's discretion, possibly 30 days. Council Member Saab requested staff return with an update in 60 days. It was moved by Mayor Pro Tern Frometa, seconded by Council Member Ashton, and carried 3- 1-1, with Mayor Pacheco abstaining and Council Member Rodriguez excused to reopen Downey Ave. with parklets, allow three weeks for businesses to modify existing parklets, and request an update from staff in 60 days. City Attorney Abich Garcia stated based on the direction provided she will work with City Manager Livas to repeal the emergency order that ordered the closure of Downey Ave. 15. EXTENSION OF URGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON EVICTIONS OF COMMERCIAL TENANTS IMPACTED BY COVID-19 PANDEMIC AND RENT REPAYMENT PERIOD: City Manager/City Attorney. ADOPTED ORDINANCE NO. 20-1451, AN UNCODIFIED URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 8634 AND DOWNEY CITY CHARTER SECTIONS 511 AND 514 EXTENDING THE TEMPORARY MORATORIUM ON EVICTIONS OF COMMERCIAL TENANTS FOR NONPAYMENT OF RENT RESULTING FROM LOSS OF INCOME DUE TO THE COVID-19 PANDEMIC AND RENT REPAYMENT PERIOD; AND SETTING FORTH THE FACTS CONSTITUTING SUCH URGENCY City Attorney Abich Garcia presented the staff report. She stated the City's current Ordinance which established a temporary moratorium on evictions of commercial tenants; and a rent repayment period is due to expire September 30, 2020. She stated Governor Newsome signed into law Assembly Bill (AB) 3088 which provides some specific protection to residential renters and no protection for commercial tenants. Tonight staff recommends the City Council consider approving an extension until January 31, 2021 to coincide with the residential protection in AB 3088. Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment on Item No. 15. Mayor Pacheco asked City Clerk Duarte if there were any written comments received on Item No. 15. Mayor Pacheco asked if there was anyone present who would like to comment on Item No. 15. Alexandria Contreras, resident, commented in support of Item No. 15. Wayne Spindler, non-resident, commented in support of providing protection for commercial property owners. City Council Minutes Regular Meeting — September 22, 2020 10 Armando Herman, resident, commented in opposition of Item No. 15. He commented regarding rental assistance for residential tenants, programs to eliminate homelessness, surge of homelessness, and political leaders. Rodolfo Cortes Barragan, non-resident, commented in support of Item No. 15, rental assistance and rent cancellation. Joey Martinez, resident, commented in opposition of providing funding for commercial tenants, in support of programs to assist residential tenants and homeowners, and AB 3088. City Attorney Abich Garcia clarified AB 3088 does not provide protection for commercial tenants, the City has an Ordinance in place providing commercial tenant protection which is due to expire. She stated tonight's item is to provide the City Council the option to extend the Ordinance. Council Member Saab inquired if funding to assist commercial tenants is included the ordinance. City Attorney Abich Garcia confirmed no funding is associated with this item, it is merely an extension of the existing ordinance, an eviction moratorium with a repayment provision. 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 carried 4-0- 1 with Council Member Rodriguez excused to adopt Urgency Ordinance No. 20-1451, an Uncodified Urgency Ordinance of the City Council of the City of Downey pursuant to California Government Code Section 8634 and Downey City Charter Sections 511 and 514 extending the temporary Moratorium on evictions of commercial tenants for nonpayment of rent resulting from loss of income due to the COVID -19 Pandemic and rent repayment period; and setting forth the facts constituting such urgency. 16. URGENCY ORDINANCE TO MAKE THE REQUIRED FINDINGS CONSISTENT WITH ASSEMBLY BILL 3088 TO PRESERVE RENT REPAYMENT PERIOD FOR RESIDENTIAL TENANTS IMPACTED BY COVID-19 FINANCIAL IMPACTS: City Manager/City Attorney. ADOPTED ORDINANCE NO. 20-1452, AN UNCODIFIED URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 8634 AND DOWNEY CITY CHARTER SECTIONS 511 AND 514 AMENDING THE RENT REPAYMENT PERIOD SET FORTH IN ORDINANCE NO. 20-1445 BY MAKING THE REQUIRED FINDINGS CONSISTENT WITH ASSEMBLY BILL 3088; AND SETTING FORTH THE FACTS CONSTITUTING SUCH URGENCY City Attorney Abich Garcia presented the staff report. She stated on September 1, 2020 Governor Newsome signed into law Assembly Bill (AB) 3088 and provided a brief summary of the legislation and how it applies to residential tenants. She stated under the new law there are two periods that residential renters must meet to receive eviction protection, the period between March 1, 2020 through April 31, 2020 the tenant needs to submit a hardship declaration signed by the tenant under penalty of perjury that attests that the tenant could not pay rent during that period of time due to Covid- 19 related financial hardship. The other period starts September 1, 2020 through January 31, 2021, during this period the tenant must submit the hardship declaration signed under penalty of perjury and will be required to pay 25 percent of the rent due during that period of time by January 31, 2021. Due to the provision in AB 3088 the law prohibits the City from extending the City's current moratorium. The City encourages the residents follow the State's law to continue to have eviction protection and the City's website provides links to frequently asked questions about the new law and links for the County of Los Angeles's legal assistance programs for tenants. She stated for the residential renters' moratorium in place the City must let it expire on September 30, 2020. She stated effective March 1, 2021, AB 3088 includes a provision allowing landlords to initiate small claims in court against tenants that have not paid their rent. However, AB 3088 does have an option for tenants in Cities that already had a repayment ordinance in place prior to March 1, 2021 ending by March 31, 2022 then the city is able to preserve the ordinance and allow tenants an alternative option. She confirmed the City of City Council Minutes Regular Meeting — September 22, 2020 11 Downey does have a repayment period in place that does not conflict with AB 3088. Staff recommends the City Council make the finding required under the new State law so the repayment provision is preserved providing a tenant two months to repay rent for every month of unpaid rent for the period of April 1, 2020 through September 30, 2020. Mayor Pro Tern Frometa inquired how the 25 percent repayment requirement will affect the City's repayment provision in the City's Ordinance. City Attorney Abich Garcia stated the 25 percent starts September 1, 2020 through January 31, 2021, it is prospective. Mayor Pro Tern Frometa acknowledged the information is on the City's website and she requested the information be provided on all social media platforms. Assistant City Manager De Rojas stated staff is working to provide a graphic to explain the timeframe for a visual understanding of the State law and the City's Ordinances to simplify the language. Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment on Item No. 16. Mayor Pacheco asked City Clerk Duarte if there were any written comments received on Item No. 16. Mayor Pacheco asked if there was anyone present who would like to comment on Item No. 16. Wayne Spindler, non-resident, commented regarding residential rental protection and rental repayment assistance. Alex Contreras, resident, commented in support of Item No. 16 and stronger rental protection. Armando Herman, resident, commented regarding rental assistance for residential tenants, extending the repayment period and political leaders. Non-resident, no name provided, commented in support of Item No. 16, political leaders, and the homeless crisis. Rodolfo Cortes Barragan, non-resident, commented in support of Item No. 16, rental assistance for tenants, and rental forgiveness. City Attorney Abich Garcia stated AB 3088 is clear that rents are not to be forgiven and provides a provision that allows landlords to collect past due rent through small claim action. The Bill is clear that there is no intent to forgive rent and for the City to contradict the law would place the City in a legal liability. Only the State can change the law. Joey Martinez, resident, commented regarding political leaders, additional fees to tenants experiencing financial hardship, residential protection and additional time to repay rent. City Attorney Abich Garcia clarified AB 3088 is a State law passed by the Legislature it is not passed by the Downey City Council and the City of Downey must abide by State law. Having no one else, Mayor Pacheco closed public comment. Council Member Ashton asked for clarification regarding staff's recommendation to incorporate the City's rent repayment option into the new law proposed by the State. City Attorney Abich Garcia confirmed the City is trying to preserve the repayment provision adopted by the City Council. It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa and carried 4-0- 1 with Council Member Rodriguez excused to adopt Urgency Ordinance No. 20-1452, an Uncodified Urgency Ordinance of the City Council of the City of Downey pursuant to California Government Code Section 8634 and Downey City Charter Sections 511 and 514 amending the rent repayment period set forth in Ordinance No. 20-1445 by making the required findings consistent with Assembly Bill 3088; and setting forth the facts constituting such urgency. City Council Minutes Regular Meeting — September 22, 2020 12 STAFF MEMBER COMMENTS: None. ADJOURNMENT Mayor Pacheco adjourned the Regular City Council meeting at 11:17 p.m. in memory of Senior Airman Jason Khai Phan, 26, of Anaheim who was supporting Operation Inherent Resolve; Ruth Bader Ginsburg, Associate Justice of the Supreme Court of the United States; and, the lives lost due to COVID-19. MARIA ALICIA DUARTE, CIVIC BLANCA PACHECO City Clerk Mayor City Council Minutes Regular Meeting — September 22, 2020 13