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HomeMy WebLinkAboutMinutes 11-24-20 Regular MeetingMINUTES • THE CITY • • THE CITY • r• REGULAR MEETING • 24, 2020 The City Council of the City of Downey held a Regular City Council 0fleeting on Rovember 24, 2020, at 6:37 • in the • Chamber • 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 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, CMC, City Clerk The Invocation was delivered by Council Member Rodriguez. The Pledge of Allegiance was led by Council Member Saab, 1. Mayor Pacheco with assistance from Chief Milligan presented a Certificate of Congratulations to the Downey Police Department and Downey Unified School District Holiday Greeting Card Contest Winners. 2. Lisa Rapp, Technical Director of American Public Works Association, presented the "2020 Project of the Year' Award for the Furman Park Improvement Project in the category for Recreation and Athletics Facilities to the City of Downey. 3. Mayor Pacheco presented the Mayor's Impact Award to Ellis White, Premier Fitness, 4. Mayor Pacheco with assistance from City Manager Livas presented a City Tile to Retiring Employee with 31 Years of Service, Mark Gillaspie, Fire Chief, City of Downey Fire Department. ADMINISTRATIVE REPORTS 14. RECEIVED AND FILED THE MEASURE S SEMI-ANNUAL REPORT SUBMITTED BY THE MEASURE S INDEPENDENT CITIZENS' OVERSIGHT COMMITTEE: Administration. Al Measure S Independent Citizens' Oversight Committee's Vice Chair Mario Guerra presented the staff report and presentation for Item No. 14. He provided a brief history regarding the voter approved Measure S Project process; the Bond provisions requiring a constricted timeline to complete NMI Council Member Saab thanked former Mayor and Committee's Vice Chair Guerra for the informative presentation as well as the Measure S Independent Citizens' Oversight Committee Members for ensuring every dollar is maximized. He stated the City of Downey has done more for the Community with the Measure S Projects in the past two years than in its entire history. Mayor Pacheco asked City Clerk Duarte if there were any written comments received regardi Item No. 14. Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference Ii who would like to comment on Item No. 14. 1 Lee Squire, resident, submitted written comments regarding funding sources for the Fire Fighters Memorial, Capital Improvement Project Nos. 19-26 and 19-27. Wayne Spindler, non-resident, commented regarding Measure S Project expenditures and the First Amendment. Donald E. LaPlante, Committee Member, thanked the City Council for allowing him to serve the Downey Community. Joey Martinez, resident, commented regarding the Denice the Menace Park projem expenditures and the proposed Los Angeles County Metropolitan Transportation Authority's freewl expansion project. It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa and card unanimously to receive and file the Measure S Semi -Annual Report. I Assistant City Manager Oskoui reported the Fire Fighters Memorial project was funded throu the General Fund and no Measure S funding was used for the project. i CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE/MEETING REPORTS Council Member Saab welcomed members of the public participating in the virtual meeting. He reported attending the City Library tour and mentioned the library project exceeds his expectations. He commented on the anniversary of the death of Officer Ricky Galvez last week. He reported attending a tour of the Police Station with Chief Milligan and mentioned during the tour he observed the tremendous amount of respect Chief Milligan shows to all employees by recognizing and thanking each employee for doing their job. He thanked Chief Milligan for being a great leader and treating the employees with humanity and kindness. He inquired if the basketball and tennis courts at Furman Park have been opened. Recreation Manager Chacon stated the courts have been completed; however, due to the Los Angeles Department of Public Health Officer's Orders the courts remain closed. He thanked staff for the Banana Art Piece in Downtown Downey and he invited the audience to visit the art piece located on Downey Ave. He stated the COVID-19 cases continue rise and he encouraged the community to utilize facial coverings when in public. Mayor Pro Tem Frometa welcomed the audience to t Manager Livas and Assistant City Manager Oskoui for doing an said she is looking forward to the Library's reopening. She Memorial Plaque dedication and thanked Fire Chief Gillaspie attendance. She thanked Fire Chief Gillaspie for his tremendous for his years of service. She reported attending the tour of the virtual meeting. She thanked Cit amazing job on the City Library A n5ported attending the Fire Fighters fir his kind words to the families in leadership, being a peacemaker and Police Department with Police Chief City Council Minutes Regular Meeting — November 24, 2020 Milligan and concurred with Council Member's Saabs remarks regarding Chief Milligan. She thanked Chief Milligan for the enhancements to the Station. She commented regarding the increase of female officers electing to serve the community and she thanked Captain Murray for her leadership. She requested speed monitoring Blvd., Florence Ave. and Stewart & Gray Rd. She thanked Council Member Rodriguez and Council Member Saab for their leadership, vision and their dedication to serve the community with unparalleled ethics. Council Member Ashton welcomed the audience to the meeting. Council Member Ashton requested staff patrol the parks over the weekend for unpermitted -activities during the pandemic. He requested staff draft an Ordinance for Council consideration that preserves historical structures in the City. He reported attending the Fire Fighters Memorial Plaque dedication and thanked Fire Chief Gillaspie for his diligence on the project and his years of service in the City of Downey. He thanked Council Member Rodriguez and Council Member Saab for the opportunity to have served with two outstanding Council Members. He wished the community a Happy Thanksgiving and announced the New Season Church will host a Thanksgiving lunch for those less fortunate. Council Member Rodriguez welcomed the audience to the meeting. He reported participating in the Paper Pizza's ribbon cutting ceremony. He mentioned the struggles SEAACA is encountering and encouraged the incoming Mayor to stay vigilant to their issues. He announced Calvary Chapel Downey is hosting a drive-thru Thanksgiving giveaway. He asked staff to address vandalism taking place at the art piece on 2nd Street. He thanked Chief Milligan for his excellent leadership and humanity towards his staff. He thanked the Directors for leading by example. He acknowledged Fire Chief Hurlock on his appointment and reminded him of the benefits of being a great leader. Mayor Pacheco welcomed the audience to the meeting. She reported attending the Fire Fighters Memorial Plaque dedication. She thanked Chief Gillaspie for his 31 years of service and invited him return to visit the City. She recognized the rock band Liliac from Downey who performed on America's Got Talent show. She thanked City Manager Livas and Assistant City Manager Oskoui for the great work at the City Library. She reported attending a tour of the Police Department and thanked Chief Milligan for the tour. She noted the respect and admiration Chief Milligan received from his staff. She reported participating in the Paper Pizza's ribbon cutting ceremony. She announced upcoming events: Thanksgiving Drive-Thru feast at New Season's Family Church; and, Santa's Candy Cane Drive-Thru event. She encouraged the public to pre -register for the event. She thanked Council Member Rodriguez for his four years of service and Council Member Saab for his eight years of service. She mentioned how much she has learned from her Council colleagues and she appreciates having the honor of serving with them. She wished the public a Happy Thanksgiving. 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. Robert Sanchez, resident, submitted written comments regarding the results of the November General Municipal Election; and, the cancellation of rent and mortgage payments. Josephine Flores -Garcia, resident, submitted written comment to congratulate Council Member Alvarez. She commented regarding tax payments, cost of living increases, and the need for wage increases. Brandon Klindt, resident, submitted written comments regarding lobbying at the State and Federal levels for rent cancellation. City Council Minutes Regular Meeting — November 24, 2020 Diane Lomeli, resident, submitted written comments regarding rent and mortgage cancellati during pandemic. I Michael Ray, resident, submitted written comments regarding public nuisance at the Hully Gul Bar and his Letter to the Editor to The Downey Patriot. i ,• Squire, resident, submitted written comments regarding the Fire Fighters 11• Plaque dedication and inquired about installation of the pedestal and plaque. He asked if the City is planning ceremonies honoring the Police Officer that lost his life in 1981 and the 10 year anniversary of September 11. Non-resident, no name provided, commented regarding the Ralph M. Brown Act and protecti • the First Amendment. I Gabriel Gabriel, resident, thanked Council Member Rodriguez and Council Member Saab for their dedication and years of service. Joey Martinez, resident, commented regarding political signs and electioneering during til"i November General Municipal Election and protection of Civil Rights. Paula Mejia, Downey Chamber of Commerce, commented regarding the upcoming virtu Downey • Parade. Alex Contreras, resident, commented in opposition of Consent Calendar Item No. 13A, a extend i n,.v_the_r v �Ament weriod for residential and commercial tenants affected b�-A COVID-1 protection for small businesses, and the increase of COVI D-1 9 cases. Armando Herman, resident, commented regarding political figures, non -agenda public commem". and Measure S Projects. I David Gonzalez, resident, commented in regards to • Members Rodriguez and Saab's dedication and commitment to the City of Downey during their tenure. He thanked Council Member Rodriguez for his four years of service and work with Veterans and the Clergy Council. He thanked Council Member Saab for his eight years of service and is looking forward to his continued involvement in the City. Rodolfo • Barragan, non-resident, commented regarding Senate Bill 50, housi• protection during the pandernic and unjust rent increases. He thanked Mayor Pacheco for opposi Senate Bill 50 and he congratulated Mayor Pacheco for reelection to the City Council for a seco term. City Attorney Abich Garcia announced an additional item would need to be added to the Consent Calendar as Item No. 13A. She stated the title of the item is ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING ACTION BY THE COUNTY BOARD OF SUPERVISORS TO REPEAL THE NEW OUTDOOR DINING RESTRICTIONS EFFECTIVE NOVEMBER 25, 2020. She stated under the Ralph M. Brown Act the City can add an item to the Agenda if the item came to the attention of the City Council after the Agenda was posted and if there is a need to take immediate action. She stated the item came to the attention of the City Council today when the Los Angeles County Board of Supervisors upheld the Los Angeles County Department of Public Health's new Health Order regarding restaurants, and the proposed resolution before the City Council should be considered tonight as the new County Health Order takes effect tomorrow and will stay in effect for three weeks. Waiting to take action will detrimentally impact local businesses that are subject to the order. She stated in order to add the subsequent need item to the Consent Calendar a 4/5 vote of the City Council is required and it would be appropriate for the City Council to take action tonight. She asked City Clerk Duarte to take a roll call vote. City Council Minutes Regular Meeting — November 24, 2020 4 It was moved by Mayor Pro Tern Frometa, seconded by Council Member Rodriguez and carried 4-1 with Council Member Ashton voting no to add Item No. 13A to the Consent Calendar, to adopt a Resolution of the City Council of the City of Downey supporting action by the County Board of Supervisors to repeal the new outdoor dining restrictions effective November 25, 2020. Mayor Pacheco asked City Clerk Duarte if there were any written comments received regarding Consent Calendar items. Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment on Consent Calendar items. Lee Squire, resident, submitted written comments regarding the City's Conflict of Interest Code not requiring the Measure S Independent Citizens' Oversight Committee to file a Form 700. City Attorney Abich Garcia stated the Measure S Independent Citizens' Oversight Committee was excluded from the Form 700 filing reporting because they are solely an Oversight Board and it was stated in the voter approved Ordinance. Non-resident, no name provided, commented in support of allowing outdoor dining and the creation of a Downey Health Department. Joey Martinez, resident, commented in opposition of allowing outdoor dining due to the increase of COVI D- 19 cases across the country. Non-resident, no name provided, commented regarding COVID-19 protocols and in support of allowing outdoor dining, and Item Nos. 6, 8, and 13. Guillermina Vazquez, resident, commented regarding the displeasure essential workers are experiencing due to the pandemic, in opposition of allowing outdoor dining, the rise in COVID-1 9 cases, in support of a city-wide shutdown, defunding the Police Department and allocating the funding to local businesses. Rodolfo Cortez Barragan, non-resident, commented in opposition of allowing outdoor dining and appropriation of funds to assist restaurants and other small businesses during the pandemic. Joseph Bartolo, resident, commented in support of allowing outdoor dining to strengthen the economy. Jay Jay Tavares, resident, commented regarding quarantine, tyranny and political leaders. David Bowers, resident, commented in support of outdoor dining and allowing small businesses to continue to stay open to prevent stagflation. Wayne Spindler, non-resident, commented regarding outdoor dining and local businesses. David Sanchez, resident, commented regarding community unity to follow County, State and Federal Health Orders to defeat the COVID-19 virus, cancellation of rents, and allocation of funds to support residents and local small businesses. Having no one else, Mayor Pacheco closed public comment. Council Member Saab abstained from Item No. 6, due to the close proximity to his place of business; and, pulled Item No. 13A for separate discussion. Council Member Rodriguez abstained from Item No. 3, due to the close proximity to his residence; and, abstained from Item No. 9, due to the close proximity to his rental property. Council Member Ashton abstained from Item No. 6, due to the close proximity to his residence City Council Minutes Regular Meeting - November 24, 2020 5 Council Member Saab asked how quickly the changes could be included in the resolution. City Manager Livas stated the changes can be made and voted upon tonight. Council Member Saab asked if the General Services Agreement with the County governs the City being required to abide by health orders such as the one before us tonight. City Attorney Abich Garcia stated the contractual arrangement is that the County's Public Health Department is the City's Health Department for all intended purposes. City Manager Livas stated the resolution is a statement of the City Council's priority and does not change the arrangement with the County's Public Health Order. He stated the resolution states that the City is against the new Health Order that will go into effect on November 25, which allows for restaurant takeout only as written and essentially falls back to the Governor's Executive Order which is 50 percent capacity and limiting the dining time to 90 minutes. City Attorney Abich Garcia stated the City Council can state the modifications and adopt the resolution as amended. Mayor Pacheco stated the modifications should read the resolution defaults to the Governor's Order and applies to restaurants only and not to bars. City Attorney Abich Garcia stated the resolution should include the modifications with Section 1 remaining the same. Section 2 will read the restrictions should default to the Governor's Order and the previous Los Angeles County Health Order in effect before the November 25, 2020 action taken by the Los Angeles Board of Supervisors; and, apply to restaurants only and not bars. The language currently in Section 2 is now Section 3. It was moved by Mayor Pacheco, seconded by approve Resolution No. 20-7980, a Resolution of the Cit action by the County Board of Supervisors to repeal the November 25, 2020 as amended. 15. APPROVED THE COMPENSATION ADJUSTMENT FOR THE CITY MANAGER IN ACCORDANCE WITH AMENDMENT NO. 2 TO THE EMPLOYMENT AGREEMENT: Human Resources. Director McQueen provided the staff report. In accordance with Senate Bill 1436 local agencies must report out certain information before changing the compensation or benefits of their Executives. Under this law, legislative bodies for agencies must orally report a summary of a recommendation for changes in salaries or benefits before voting for the changes. The votes must be taken in open session portions of the meeting. In accordance with Section 1(B) of Amendment No. 2 of the City Manager's Employment Agreement it is the intent of the City to maintain a minimum of five percent total compensation differential between Mr. Livas and the next highest paid employee, the Police Chief. The City Council approved Amendment No. 2 establishing the City Council will take action on January 15t' of each year to maintain the salary differential. In June, 2021 the Police Chief will receive a two percent cost of living increase that will decrease the compensation differential between the two positions below the established standard. This year, the City Manager has agreed to defer the scheduled increase to July 1, 2021to coincide with the start of the next fiscal year. The new proposed monthly salary range will be $23,954.67. City Council Minutes Regular Meeting - November 24, 2020 9 Council Member Saab confirmed the salary adjustment was already approved in Amendmel" No. 2 of the City Manager's Employment Agreement and the City Council is merely complying with t law. He commended City Manager Livas for an incredible job. I Mayor Pro Tern Frometa thanked City Manager Livas for being an excellent leader and doing •• job. I • Pacheco -• City Clerk Duarte if there were any written comments received regarding Item No. 15. Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line • would like to • • Item No. 15. Wayne Spindler, non-resident, commented in support of the salary adjustment. Armando Herman, resident commented in support of the salary adjustment and Freedom of Speech. It was moved • Council Member _.• seconded • Mayor Pro Tern Frometa and carried 5-0 to approve the Compensation Adjustment for the City Manager in accordance with Amendment No. 2 to the City Manager's Employment Agreement. City Manager Livas stated discussions regarding the potential expansion of the 1-5 freeway impacting Dennis the Menace Park have taken place • 30 years. He stated even if the construction would be completed on schedule, which is unlikely due to lack of funding, the expansion would not happen for another 20 years. Staff reviewed the cost benefit analysis at Dennis the Menace Park and concluded it would be well worth moving forward with the improvements. The importance of green space for the community would pay off the investment over time. He added if the construction of a freeway would happen Cal Trans would still have to reimburse the City for the investment made. Therefore, the City did not spend unnecessary funds by investing in the park for the community's benefit. He thanked the Rivers and Mountains Conservancy for providing the City an additional $1.1 million dollars for a total of $4.3 million for the park improvements. He thanked Assemblywoman Christina Garcia for being instrumental in making the funding available. He thanked Assistant City Manager Oskoui for his background in public facilities and spearheading this project. He provided an overview • the process which took place to relocate staff from the City Parks, Library and Fire • in order to begin construction of the Measure S Projects. He thanked the outgoing Council Members Rodriguez and Saab for being ethical, having a steady hand, and caring about the employees. The two outgoing Council Members should be proud of the City's accomplishments and all the improvement projects. City Council Minutes Regular Meeting — November 24, 2020 10