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HomeMy WebLinkAboutMinutes 09-28-21 Regular MeetingREGULAR MEETING The City Council of the City of Downey held aRegular City Council Meeting on September 28. 2021. at 8:33 9.nn, in the Council Chambers of the Downey City HaU, 11111 Brookshire AVenue, Downey, California, Mayor Frometa presiding. PRESENT: Council Members: Claudia M.Fmmeta Blanca Pacheco Catherine Alvarez Sean Ashton Mario Trujillo Mayor Mayor Pro Tern Council Member Council Member Council Member (left at 10:04p.nn] ALSO PRESENT: Gilbert Livms.City Manager John Oekoui.Assistant City Manager Yvette M. Abioh Gorcia, City Attorney Aldo E. Schind|er, Deputy City Manager/Comm unity Development Dean Milligan, Chief ofPolice [)an Hur|ooh. Fire Chief []e|finoConsu ji.Pub||cVVorkeDinector Vaniah[}eRojas, AeaietonttotheCityN1anager Alicia Duarte, CK8C, City Clerk The Invocation was delivered by Father Senn VVend, St. Raymond's Catholic Church. The ^ � Pledge ofAllegiance was led byChief ofPolice Dean Milligan. CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEM CONFERENCE/MEETING REPORTS I Council Member Trujillo welcomed the audience to the City Council meeting. He acknowledged Honaoim Ortiz Jr. in attendance. He reported attending the League of California Cities Conference. He requested e staff report to discuss options on how the City can assist and engage with the Downey Sister Cities Association and asked for the status of current relationships with Downey's sister cities. He requested an update regarding the Neighborhood Watch Program. He reported attending the Contract Cities Association Conference. Council Member Ashton acknowledged Jeannie Wood in attendance. He reporting attending the Contract Cities Association Conference. He requested the Police Department collaborate with the L.A. County Sheriffs HOST Team to discuss their approach to handling homelessness issues. He reported attending the League of California Cities Conference and Downey Fire CERT Graduation Ceremony. Council Member Alvarez thanked the audience for attending the City Council meeting. She reported attending the League of California Cities Conference and the Contract Cities Association Conference. She announced the L.A. County Board of Supervisors extended the eviction moratorium until January 31.2O22. Mayor Pro Tern Pacheco welcomed the audience to the City Council meeting. She acknowledged Mario Guerra, Michael Calvert, HenryCeio. and Ivan Gu|icinattendance. She reported K attending the League of California Cities Conference and the Contract QUee Association Conference. She requested the Police Department collaborate with the L.A. County Sheriffs HOST Team to discuss City Council Minutes Regular Meeting - September 28.2O21 1 available resources for Downey. She invited the public to attend the Gangs Out of Downey Ricky Galvez Memorial Golf Tournament. Mayor Frometa acknowledged Mario Guerra, Michael Calvert, Henry Ceja, and Jeannie o She repl in attendance. She thanked the audience fod r attening the City Council meeting. � 0 attending the Contract Cities Association Conference and the celebration of life for former May Meredith Perkins. She coed regarding Senate Bill 9 and local control for municipalities. S requested staff coordinate with Caltrans to continue cleaning freeway on- and off -ramps from debr and homeless encampments. She asked staff to research implementing Project Roomkey in Down and requested staff coordinate with the City of Lakewood to co -host a Mayor's Regional Summit a invite Governor Newsom to discuss homelessness and affordable housing issues. She asked staff address illegal dumping and vehicles parked on lawns and thanked staff for continued enforceme efforts. She thanked the Police Department for their work on speed enforcement. She invited the publ to attend the Gangs Out of Downey Ricky GalveHavana z Memorial Golf Tournament, Nights, the Sta - of the City event, and the Fair Housing Foundation Workshop. mment 0 1. Mayor Frometa with assistance from former Mayor Mario Guerra presented the Posthumous Mayor's Legacy Award to former Mayor Meredith Perkins. 2. Mayor Frometa presented the Mayor's Champion Award to Gurith T. Milian, founder of Nihos Latinos Uniclos. F-11 91 �J I I LN I R] 111 13. DISCUSSION REGARDING A "VOTE OF NO CONFIDENCE" IN LOS ANGELES DISTRICT ATTORNEY GEORGE GASc6N AND ADOPTION OF A RESOLUTION RELATED THERETO: Mayor Frometa. Mayor Frometa commented regarding elected officials, the role of the City Counc correspondence from the public, votes of no confidence in other cities, and the effect of a Vote of .. Confidence in L.A. District Attorney (D.A.) Gascon. She commented regarding the impact of Gascon directives on the Downey Police Department and referenced a presentation by Captain Murray. S commented regarding current criminal justice reforms and assured the public of the Downey Poli Department's continued law enforcement. She stated that residents have been heard and the pow lies with the residents, not the City Council, in this matter. Mayor Frometa, at 7:42 p.m., opened this item for public comment. She asked if there w anyone present who would like to comment on the Item No. 13. Armando Herman, non-resident, commented in opposition to a Vote of No Confidence in L.. County District Attorney Gascon. Ana Brown, resident, thanked the Mayor for placing this item on the agenda and commented favor of a Vote of No Confidence in L.A. County District Attorney Gascon. Jeffrey Phillips commented in favor of a Vote of No Confidence in L.A. County District Attorn Gascon. Bill Adrian, resident, commented in favor of Council Member Trujillo abstaining from the vote and for a Vote of No Confidence in L.A. County District Attorney Gascon. City Council Minutes Regular Meeting - September 28, 2021 2 Lee 8ouire, rmsidert, commented regarding opposing vk*vvs, o conflict Cfinterest with Council Member Trujillo, andinfaxorofaVoteofNoConfidenceinLA.Countv[}iathctAttorneyGaSCon. Juan K8Grtinez, resident, commented in opposition to @Vn0e of No Confidence in L.A. County District Attorney Goaoon. 89eekmr, no name provided. commented in opposition to a Vote of No Confidence in L.A. County District Attorney Gascmn. Ennnne Rivaa, non-reeident, commented in favor nfe Vote of No Confidence in L.A. County District Attorney Geeoon. Donna EetoVeo, non-reeident, commented in favor ofa Vote of No Confidence in L.A. County District Attorney Gasoon. Mike Gneenepan, non-reeident, nornnnenbad regarding the effect of Vote of No Confidenoe, a recall election against District Attorney Gascon, and criminal justice. BC, resident, commented in favor ofa Vote of No Confidence in L.A. County District Attorney Geacon. Moises CesbUo, non-remidert, commented in favor of Vote of No Confidence in L.A. County District Attorney Gaanon. John Lacey, resident, commented in favor of@ Vote of No Confidence in L.A. County District AttorneyGmecon. Barbaro RodriQuez, resident, commented in favor of Vote of No Confidence in L.A. County District Attorney (Sasconand regarding Council Member Trujillo. Bill Wallace, reSident, commented in favor of o Vote of No Confidence in L.A. County District AttorneyGaacon. Mayor Fronneta asked City Clerk Duarte if there were any written nonnnnenta received regarding Item No. 13. City Clerk Duarte confirmed 10vvritten comments were received. George (]meoon. L.A. County District Attorney, commented regarding his policies and performance eoDistrict Attorney. Karen Roeeberry non-reoident, commented infavor ofa Vote of No Confidence in L.A. County District Attorney Gaeoon. Martha Kazirni. resident, commented in favor ofe Vmb* of No Confidence in L.A. County District Atmrnmy(3anoon. Berbera Jaohewn, non-ree|dent, commented in favor ofa Vote of No Confidence in L.A. County District Attorney (]a000n. Lupe Sanchez, resident, commented in favor of Vote of NO Confidence in L.A. County District AtorneyGmanon. Glenn Robinson commented in favor of a Vote of No Confidence in L.A. County District Attorney Gaacon. City Council Minutes Regular Meeting - September 28.2O21 3 Thea Eskey, non-resident, commented in favor of a Vote of No Confidence in L.A. County District Attorney Gascon. Faraz Aqil, resident, commented in opposition to a Vote of No Confidence in L.A. County District Attorney Gascon. Cristina Garcia, State Assemblymember, commented in opposition to a Vote of No Confidence in L.A. County District Attorney Gascon. Everett Allen Greer, resident, commented in favor of a Vote of No Confidence in L.A. County District Attorney Gascon. Council Member Ashton shared he's been contacted by individuals on both sides of the issue. He commented regarding laws co-authored by D.A. Gascon, his policies regarding crime, and his campaign promises. He commented regarding the effect of a Vote of No Confidence and the recal' effort. He expressed his support for the proposed resolution. Council Member Trujillo commented regarding public comments made, bail procedures, the ro - of District Attorneys and judges, District Attorney Gascon's policies, and recidivism rates. commented regarding viewing narcotics offenses through a public health lens and using resources 1. address addiction. He commented regarding motives for the recall effort. He shared that pubi feedback has been heard but the D.A.'s Office is trying a new approach to public safety a rehabilitation. He commented regarding overincarceration and justice system reform. He expressed is opposition to the recall effort and Vote of No Confidence. R111ellE 1,5 IICI H]VILy dIIU UU[II[TIUIIIUU leydIU111y UIU 1'01&-•': •'::f•' to elect District Attorney Gascon. She commented regarding D.A. Gascon's campaign promises and voter education. She commented regarding the effect of a Vote of No Confidence and asked Chief of Police Milligan who tracks first-time offenses. Chief Milligan responded that the data is tracked by the State and the Police Department is able to access the information. He shared that this data does not affect the arrest and the charges are sent to the D.A.'s Office to make a determination based on prior arrests. Mayor Pro Tem Pacheco asked if the Police Department follows up with the reason charges a not filed. Chief Milligan responded the filing District Attorney will attach case notes listing reasons w the charge was not filed. Mayor Pro Tern Pacheco asked if the D.A.'s Office has a contact the City m reach out to in order to have a case filed. Chief Milligan responded the Police Department has dire liaisons with the adult and juvenile courts and stated that the liaisons are open to discussing reject cases and finding consensus. Mayor Pro Tern Pacheco asked whether the Police Department successful in having those cases filed. Chief Milligan responded some cases may be filed but the fin a v e t L nIF determination ultimately rests with the D.A.'s Office. He shared that the Police Department has a go partnership with the D.A.'s Office and may provide additional information or follow-up for cases ni, J filed. Mayor Pro Tern Pacheco questioned if there were any improvements at the D.A.'s Office throu dialogue with the liaisons. Chief Milligan clarified that the Police Department is able to is with t D.A.'s Office on cases rejected for certain reasons but is not able to work with the D.A.'s Office f cases rejected under the special directive. Mayor Pro Tern Pacheco asked if the Police Department has grown busier as a result of t special directives from the D.A.'s Office. Chief Milligan responded that calls for service have continu to grow independent of the special directives and the Police Department will respond to all calls a enforce the law as codified. He stated that at the time of arrest, the Police Department is not concern with whether the case will be filed. Mayor Pro Tern Pacheco thanked Chief Milligan and commend]l City Council Minutes Regular Meeting - September 28, 2021 4 the Downey Police Department for keeping the community safe. She shared that both she and Council Member Ashton met with District Attorney Gascon to express concerns regarding the implications of not � filing quo|hv of life crimes such as tnaepnaeing, petty theft, and robberies. She emphasized the importance ofthe Neighborhood Watch program. Mayor Fponneto questioned how the current dim*obwas vvnu|d affect the handling of sentencing in the case of the murder of Officer Ricky Ga|vez and the triple murder that occurred in the City. Chief Milligan responded some ofthe current directives call for not filing enhancements but dnnot affect filing of the primary crime. Mayor Fronna{a asked about the 152 cases rejected per the special directives since November 2O2Oand how that differed from previous years. Chief Milligan responded that the 152 cases were not filed solely based on the special directives and conceded that some of the cases would not have been filed for other reasons. Council Member Alvarez asked about the percentageofincarceration of persons with mental illness after the election of District Attorney Geecon. Chief Milligan responded the Police Department does not track mental status and added that the O.A.'s Office may order mental health evaluation. Council Member Alvarez expressed her appreciation for those who submitted public comment and the work of the Police Department. She commented regarding the will of the voters who elected District Attorney Geeconand justice system reform. It was moved by Mayor Frometa, seconded by Council Member Ashton, and carried 3-1-1, with Council Member Alvarez abstaining and Council Member Trujillo voting no, to adopt Resolution No. 21- 8038, a Resolution of the City Council of the City of Downey expressing a Vote of No Confidence in Los Angeles County District Attorney George Gaecon. Mayor Fronnetarecessed the City Council meeting at8:35p.nn. Mayor Fronnetareconvened the City Council meeting at 8:45 p.m. with all Council Members present. MayorFnomata took this item out oforder. i) Receive o report from staff on the redistricting process and permissible criteria to be considered to redraw district boundorien, and receive a report on the Cit/e redistricting public outreach program; 2> Appoint o Committee to study and recommend alterations to the City Council district boundaries; and 3) Conduct apublic hearing horeceive public input ondistrict boundaries. It was moved by Mayor Fromsta, seconded by Council Member Ashton, and carried 5-0. to continue Item No. 2 to the Council Meeting of October 12, 2021. Mayor Fn}nnSto asked Council Member Trujillo to facilitate e meeting with [)iSth{t Attorney {3ascon. Chief Milligan, and City Manager Livaahodiscuss public safety concerns. She reiterated that District Attorney Gascon's goals are commendable. City Council Minutes GENERAL PLAN AMENDMENT ' ZONE TEXT AND MAP AMENDMENT IN CONJUNCTION WITH A NEW SPECIFIC PLAN FOR THE RANCHO LOS AMIGOS SOUTH CAMPUS AND CERTIFICATION OF FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT: Community Development. IVA F 02 6 Council Member Trujillo recused himself due to business relationships with persons potentially involved in the project and left the dais at 9:16 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Mayor Frometa, geconded by Council Member Ashton, and carried 4-0-1, with Council Member Trujillo abstaining, tqr -eceive and file the publication. i i 1! 11 i I i i i I T I I I i i 1! 11 i I I i i I F 11 � I I I I I Consultant David Barquist of Kimley-Horn and Associates, Inc. presented the staff report " provided an overview of the Rancho Los Amigos South Campus location, the background of the �Iai and concurrent projects and activities. He explained the purpose of, laws regulating, and the goals of Specific Plan. He summarized the guiding principles in developing a Specific Plan. He shared t outreach efforts and community input received, which demonstrated interest in sports, transit, and ra He stated that this information was used to create a policy document specifying the land use conce policy program, land use and development standards, and design guidelines. He stated that the la use, which would be incorporated into the Zoning Code, was divided into four categories: Flex Tech/B Medical (FTBM), Regional Public Facilities (RPF), Transit Oriented Development Corridor (TODC), a Community Serving Use (CS). He commented regarding the development potential and the anticipat longevity of the development. He shared the intent of the land use regulations to achieve high quali design, specific to each district and based on feedback received. He stated that the design guidelin provide a framework for design, with area -wide guidelines and guidelines by use type. He provided overview of the CEQA review process and the components of the Environmental Impact Report. (El He shared a list of the comments received in response to the EIR. He identified key environment impacts, which he noted were not uncommon. He provided an overview of the process following t completion of the EIR and the Public Hearing. Council Member Alvarez asked how affordable housing is included within the Specific Pla Deputy City Manager Schindler responded that the Affordable Housing Subcommittee is developing Inclusionary Housing Ordinance, which is a city-wide approach to affordable housing, and the Specii Plan focuses on a transit -oriented village design. Council Member Alvarez questioned the percenta of affordable housing that will be included in the area. Deputy City Manager responded the affordab housing will range from 10-20% under the Inclusionary Housing Ordinance. He shared that mo information would be provided in the economic feasibility analysis to be presented to the Affordab Housing Subcommittee. Council Member Alvarez expressed concerns regarding reliance on the Inclusionary Housi Ordinance and that 20% affordable housing is not enough. She referred to the income profile used the report. City Manager Livas explained that the EIR is a zoning document used to establish land us and does not include affordability, which is discussed at a later point in the process. He stated th affordability is an aspect negotiated while drafting the Development Agreement. He shared th incorporating affordability into zoning is not standard practice and may limit the City in futu negotiations. He assured the Council that they would review future projects and the Specific Plan lays blueprint for such projects. He clarified that the Inclusionary Housing Ordinance is separate from t Development Agreement. He acknowledged the direction from Council and mandates from t Southern California Association of Governments to increase affordable housing and emphasized t need for a mix of housing units at varying income levels. City Council Minutes Regular Meeting — September 28, 2021 Mayor Fronmeta commented regarding the need for a strategic and balanced approach to affordable housing. Council Member Ashton questioned what percent of RHNA numbers must be allocated to affordable housing. City Planner Crystal Landavazo responded that approximately 2.000 of the 8.525 total units should be 9||QCatBd to affordable housing for the "very |om/ income group. Council Member Ashton requested to model the mix of affordable housing after the RHNA ratio. K8m. Landovazo responded that the distribution of income levels city-wide is one of the primary goals of the Housing Element process and one of the directives from Department of Housing and Community Development. Mayor Frometa clarified that RHNA isonacronym for Regional Housing Needs Assessment. K8evor Pro Tenn Pacheco questioned the timeline for the Veteran Commons Housing Project on Gardendaka S\. Oeouh/ City Manager Schindler responded that the Ordinance would require a second noading, an additional 30-45 days to complete the CE{lA process, and L.A. County would require an additional OD-S0days tocomplete plans for the project. Mayor Fnnnneta. at 9:48 9.nn, opened this item for public comment. Mayor Fronneta asked City Clerk Duarte if there were any written comments received regarding the Public Hearing item. City Clerk Duarte confirmed sixteen written comments were received. Jeaeenlyn Garner commented in favor of |h*nn No. 1 and the Veteran Commons Housing Tkeiny Ryder, resident. commented |nfavor ofItem No. 1 and supportive affordable housing. Karla Amaya commented in favor ofItem No. 1 and housing ofhomeless veterans. Audrey Hahn, Abode Communities, commented in favor of Item No. 1 Alexandria Contnarae, remident, commented in favor of Uenn No. 1 and the Veteran Commons Housing Project. Martha Canlaoho Rodriguez, resident, commented in favor of Item No. 1 and the Veteran Commons Housing Project. K8im K8mrbnez, resident, commented infavor ofItem No. 1 and affordable housing. Denise Smith commented in favor of Item No. 1, open apame, road aofetv, and improved aooeoo to transit and opportunity. Hava Buchanan commented |nfavor ofItem No. 1 and housing for homeless veterans. Rob commented in favor of |harn Mn. 1, increasing houSinQ, helping the h0nl8keSS. and the Veteran Commons Housing Project Thnnnoo Irwin commented infavor ofItem No. 1 and the Veteran Commons Housing Project. Jes McBride, non-rGSident, commented in favor of |bam No. 1 and the Veteran Commons Housing Project. Alexandria YeUovvhair. resident, commented in favor ofItem No. 1 and affordable housing. Anthony BaharnondSS, PATH Vanturee, commented in favor of Item No. 1 and the Veteran Commons Housing Project. City Council Minutes Sandra Perez, non-resident, commented in opposition to Item No. 1, traffic congestion, public safety, and permanent housing rather than transitional housing. Mayor Frometa asked if there was anyone present who would like to comment on the Public Hearing item. 14�; 11 0 go am 11111iiii;iTsoron"o 111iin—m-dark M4 Mike Greenspace, non-resident, commented in opposition to Item No. 1, the project completion time, and affordability. Ivan Sulic, Field Representative for L.A. County Supervisor Janice Hahn, commented in favor Item No. 1 and thanked staff for working with L.A. County on the project. I Juan Martinez, resident, commented in favor of Item No. 1 and affordable housing requirements. [1'1� 1 j" 'IN I i I QAII:&2! 11 � I � 1 1 1 � 1! �!! I A L 0 1:11171"11 11!1111 !!Ili IMMIRIF 119 1 10 111 1 Mayor Frometa commented regarding her support for Item No. 1 and the opportunity to bri forth an affordable housing mix, attract retail businesses, and utilize transit hubs. She expressed h excitement in breaking ground on the Veterans Housing Project with wraparound services. S emphasized the need for strategic planning and mixed land use. I It was moved by Mayor Frometa, seconded by Mayor Pro Tern Pacheco, and carried 4-0-1, with Council Member Trujillo abstaining, to adopt Resolution No. 21-8036, a Resolution of the City Council if the City of Downey approving the Water Supply Assessment for the Rancho Los Amigos South Campus Specific Plan. It was moved by Council Member Ashton, seconded by Council Member Alvarez, and carried 0-1, with Council Member Trujillo abstaining, to introduce an Ordinance of the City Council of the City Downey for the adoption of the Rancho Los Amigos South Campus Specific Plan, Written Findings Fact and Statement of Overriding Considerations, a Mitigation Monitoring and Reporting Program, General Plan Amendment to change the Land Use Designation from Commercial Manufacturing Mixed Use, Amendment of Certain Sections of Chapter 1 — Land Use of the General Plan, a Zo Text/Map Amendment to change the Zoning Designation from R-1 5,000, SP 85-1, and SP 88-1 Rancho Los Amigos South Campus Specific Plan, Rescind Specific Plans SP 85-1 And SP 88-1, al Certification of the Final Program Environmental Impact Report for the Rancho Los Amigos So Campus Specific Plan. I F-11 12. DISCUSSED AND PROVIDED DIRECTION TO STAFF REGARDING THE COVID-19 TEMPORARY OUTDOOR DINING PROGRAM: Community Development. City Council Minutes Regular Meeting — September 28, 2021 8 Council Member Trujillo recused himself due to owning D0rnnnercio| properties in the area and left the dais at 10:08 p.m. Deputy City Manager Schindler presented the staff report for Item No. 12. He shared that Council Member Ashton requested on update on the outdoor dining pad«|et program. He provided an overview of the history of the proQrann, the intent to ema|et huoinemsme. State po|ioien, and restaurants participating in the program. He stated that staff conducted a survey and found that 10 of the 37 businesses with outdoor dining had removed or planned to remove the park|eta due to operational limitations. He shared the remaining 37 restaurants wished to maintain some components of the outdoor dining program due to uncertainty with C[)V|[}-19 variants. He stated that there are nine parWets in the Downtown area. He shared the results of a survey conducted of cities regarding the deadlines to remove their outdoor dining program. He provided e list ofrecommendations from the Downtown Downey Improvement Association ([}Q|A). He informed the Council of staff'a recommendation to extend the outdoor dining program citywide to December 31. 2022 with on assessment from staff tobeprovided inJune 2D22. Council Member Ashton asked when the outdoor dining program would expire ifCouncil took no action. Deputy City Manager Schindler responded the program is scheduled to expire at the end of 2021. as aligned with the 8tate'o order. Council Member Ashton asked about maintaining the program for on additional year. Deputy City Manager Schindler responded that the intent is to help Downey businesses as the future of the pandemic is unclear. He reiterated the desire of restaurants to maintain the outdoor program due tmuncertainty. Council Member Ashton requested to point the K-Rails and net standards to improve the appearance of the park|etm and set safety rules. Deputy City Manager Schindler confirmed the City could set standards and commented regarding the need for balance in maintaining the aesthetic without overburdening restaurants with additional costs. City Manager Liwos added the City did consider covering the K-Rails but opted to use the funds to provide grants to businesses. He cmnnnnenb*d regarding the temporary status of the K-Rails and consideration of more permanent installations. Council Member Ashton asked whether this could be incorporated in the current proposal. City Manager Livamconfirmed the City can work onenhancements ifthe extension iaapproved. Council Member Alvarez concurred with Council Member AshA7n's statements regarding painting of the h-rails and expressed her support for closing Downey Ave. permanently. Deputy City Manager Schindler responded that closure ofDowney Ave. was considered but businesses did not support the idea. City Manager Livas responded regarding the need to accommodate pedestrian traffic and the lack ofsupport from Downtown businesses. Council Member Alvarez requested tolook into closing Downey Ave. next year. Mayor Pro Tern Pacheco stated that Downey Ave. between 2 nd and 3 rd S8. was closed the previous year and did not improve traffic flow. Council Member Ashton suggested closing Downey Ave. onweekends orspecial 000eaionsgnd purchasing bollards. He commented in support ofre-opening peddnQ spaces and opined that K-Rails are not necessary in that area. Council Member Alvarez shared that she has spoken with local business owners who have requested to make outdoor dining permanent. Mayor Pro Tern Pacheco oohed about safely reopening parking spaces without endangering pmd«|8tS. Deputy City Manager Schindler confirmed the Public Works Department was consulted and did not have any objects 0o reopening parking spaces. Mayor Pro Tenn asked about the p@rk|et in front � ofLA. Buns. Deputy City Manager Schindler responded that the C>[)|A has recommended oannoVa| of the parklet. Mayor Pro Tern Pacheco asked if the City received input from affected businesses. Deputy City Council Minutes Regular Meeting - September 28.2O21 9 City Manager Schindler stated that the DDIA consulted withthe affected businesses. Mayor Pro Tern Pacheco commented in favor of continuing the outdoor dining program. Council Member Alvarez questioned the removal of parklets; on 2 nd St. Deputy City Manager Schindler confirmed the DDIA recommended removal of the parklets in front of L.A. Buns, Bastards Canteen, and Ola Restobar be removed. Council Member Alvarez asked for staffs recommendation. Deputy City Manager Schindler stated that the City supports the direction from the DDIA as they meet regularly and speak to property owners. Council Member Alvarez expressed her opposition to the removal of parklets. Mayor Pro Tern Pacheco requested the President of the Downtown Downey Improvement Association share feedback from the three affected businesses. DDIA President Jorge Villa stated tha� Bastards Canteen and Ola Restobar have sufficient outdoor dining and only L.A. Buns would lose outdoor seating. Council Member Alvarez shared that she spoke to the owner of L.A. Buns and he expressed a strong desire to maintain the parklet. Mr. Villa confirmed that the DDIA did speak to property owners and the consensus was to remove the parklets. He acknowledged L.A. Buns's opposition to the removal. Council Member Alvarez inquired regarding the implementation of bollards. City Manager Livas the DDIA to determine when bollards should be installed. Mr. Villa responded the DDIA is in agreemen i regarding use of bollards to close streets for special events and has researched cost-effective Council Member Alvarez questioned support from businesses in the DDIA regarding outdoor dining. Mr. Villa responded that discussion took place during a Zoom meeting with multiple stakeholders and he did not have a tally of responses. He reiterated the overall consensus during tht meeting was in favor of eliminating the parklets on 2nd St. Council Member Ashton asked if there is a certain time that delivery trucks may access 2 nd St. Deputy City Manager Schindler responded that no times were specified but the City was informed thali traffic issues were occurring due to lack of access. Council Member Ashton asked if the parklets are located where the trucks would typically unload or generally restricting access. Deputy City Manager Schindler responded the trucks would normally unload in the spots where the parklets are located. Mr. Villa added that truck deliveries stop traffic and cause vehicles to wait until they finish unloading. He shared that parklets are situated close to sidewalks and may become a pedestrian hazard unless Iflayor Pro Tern Pacheco, at 10:32 p.m., opened this item for public comment. Mayor Pro Te Pacheco asked City Clerk Duarte if there were any written comments received regarding Item No. 1 City Clerk Duarte confirmed no written comments were received. Mayor Pro Tern Pacheco asked there was anyone present who would like to comment on Item No. 12. 1 Armando Herman, non-resident, commented regarding grant funding for businesses, K-Rails, the business corridor between 2 d and 1 st Streets, and COVI D- 19. David Devis, L.A. Buns, commented in opposition to removing the parklets on 2nd Street., tra issues associated with Porto's Bakery, and accommodation of delivery trucks. I City Council Minutes Having no one else. Mayor Pro Tern Pacheco closed public comment. Council Member Alvarez inquired if the DDIA has sufficient funds to pay for the bollards. IT Villa responded bollards are not currently budgeted and the DDIA needs to consider its options befo adding it to the budget. I Mayor Pro Tern Pacheco asked about the possibility of keeping the perklet in front ofL��. Buns and removing only the 9arKketa infront ofBastards Canteen and O|a Reotmbmr. Deputy City Manager Schindler responded regarding the segment of2n« St. being private and the need to consult with the City Attorney and Public Works Director regarding the City's purview. Council Member Ashton clarified that the parklet in front of Ola Restobar is on City property and the perhheto infront ofBastards Canteen and L.A. Buns is on private property. Deputy City K8anage, Schindler confirmed his ete0ennenL He requested to review the pictures of2"o St. presented. He noted that there were no K-Rails or bollards in front of Bostard'e Canteen and L.A. Buns. He requested to review the recommendations from the QD|A and asked the City Council whether they concurred with the recommendations. K8avmr Pacheco and Council Member Alvarez confirmed that they had no issue with the recommendations outside ofthe removal ofthe LA.Buns peh«|eta. Council Member Ashton and Mayor Pro Tern Pacheco commented in favor of allowing L.A. Buns tokeep its pmrk|ete. Council Member Ashton asked the City Council whether they agreed with removing K-Railsfronl certain sections of2"u SD. and 3rd 8L Mayor Pro Tarn Pacheco confirmed her agreement as long as doing so is safe. Council Member Alvarez expressed concerns regarding incidents occurring on 2"u 8t. and asked about ways tmaddress speeding. Council Member Alvarez mentioned that businesses have contacted her regarding issues with the City parking structure on 2»« Stand requested additional security permonnel and security cameras. Deputy City Manager Schindler stated that the C|b/ will contact the security company that patrols the parking structure and partner with the Police Department to analyze co||a for service and improve security. - Council Member Ashton requested to confirm that Council Member Alvarez was referring to the City'e parking structure. Council Member Alvarez confirmed the site as the City -owned parking structure. She reiterated the need for City action to improve security. Council Member Alvarez questioned whether the City vvnu|d continue with concrete K'Rai|S. Deputy City Manager Schindler noted the issue with limited sizing for concrete K-Rails and difficulty with locating h-Rails with the appropriate size to match the remaining pmrWeta. He stated that staff would endeavor to use concrete N-Rails if possible but would possibly use water -filled M-Rails if necessary. Council Member Alvarez requested that the Arts and Culture Subcommittee be involved in painting ofK-Roi|a. It was moved by Council Member Ashton, seconded by Mayor Pro Tenn Paoheco, and carried 3- 0-1. with Council Member Trujillo abstaining and Mayor FrornS{a abaent, to extend the outdoor dining program citywide to December 31. 2022 through an amendment to Emergency Order No. 1; return to the City Council with an assessment in June 2022; and, accept the nine recommendations from the Downtown Downey Improvement Association, with Recommendation No. O amended to SGn/8 out and o||ovv K-Rails to remain in front Of L.A. Buns to a||ovv for outdoor dining, and oddnsao beautification of the K-Rails. City Council Minutes Regular Meeting - September 28.2O21 11 Mayor Pro Tern Pacheco asked City Clerk Duarte if any written public comments were received -egarding Non -Agenda items. Mayor Pro Tern Pacheco asked if there was anyone present who would 'ike to comment on Non -Agenda items. Armando Herman, non-resident, commented regarding free speech, mask mandates, outdoll dining, District Attorney Gascon, Council Member Ashton, and a possible Federal governme shutdown. I Mike Greenspan, non-resident, commented regarding the Independent Cities Association anit' the Pride flag. Juan Martinez, resident, commented regarding City staff, a Vote of No Confidence in DistriO Attorney Gascon, racial justice, and Council Member Alvarez. 'I Resident, no name provided, commented regarding a Vote of No Confidence in District Attornm Gasco-i. U David Devis, L.A. Buns, commented regarding public safety issues at the Downtown Cili parking structure. tZ I It-, to[Q MR Vic. RI&I I Uri 1 0 - I F11 _1111 MON structure when returning to their vehicl6s. Jang Lee, resident, commented regarding the percentage of COVID-19 related deaths and t meaning of the rainbow. I 17 M ffen Z TM in Council Member Alvarez clarified that she attended the Contract Cities Association Conferen,"- in Indian Wells two weeks prior. I Mayor Pro Tern Pacheco asked City Clerk Duarte if there were any written comments received regarding Consent Calendar items. City Clerk Duarte confirmed no written comments were received. Mayor Pro Tern Pacheco asked if there was anyone present who would like to comment on the Consent Calendar items. 1!p 11; 10711111,11NIT I � EEMEM= It was moved by Council Member Alvarez, seconded by Council Member Ashton and carried 4- 1', with Mayor Frometa absent and Council Member Trujillo abstaining from Item No. 11, to approve the Consent Calendar. City Council Minutes Regular Meeting — September 28, 2021 12 • � a- - ri -a- r, 1 4. WARRANTS ISSUED: Warrant Nos. 354219 — 354427; Payroll Wire Numbers 30004150 & 011. 0004o: 10901 19i os. 2176 — 2177, total amountof $3,520,604.82: 5. ACCEPTED WORK FOR FLORENCE AVE. WATER SYSTEM IMPROVEMENTS; APPROVED FINAL CONSTRUCTION CONTRACT AMOUNT OF $2,090,160; AND, AUTHORIZED THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE THE NOTICE OF COMPLETION (CAPITAL .L IMPROVEMENT • PROJECTO• 1 Public :.i Works. 6. APPROVED PLANAND SPECIFICATIONS AND AUTHORIZED SOLICITATION • CONSTRUCTION BIDS FOR THE FY 2021/22 ANNUAL MISCELLANEOUS CONCRETE REPAIRS (COUNCIL DISTRICT 3) AND ADA IMPROVEMENTS (CITYWIDE), LAKEWOOD BLVD. PARKWAY IMPROVEMENTS AND REGENTVIEW AVE. SIDEWALK IMPROVEMENTS (CAPITAL IMPROVEMENT PROJECT NO. 22-01): Public Works. 7. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH COMMLINE, INC.; APPROPRIATED $84,072 TO UPGRADE AND IMPROVE THE EXISTING DOWNEY FIRE COMMUNICATIONS ANA• • VHF .•' • SIGNALS TO DIGITAL UHF AND VHF SIGNALS: Fire. Works. 8. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH LPA, INC. IN THE AMOUIsw OF $397,000 FOR ARCHITECTURAL DESIGN SERVICES FOR THE SPACE SHUTTLE EXHIB AND EDUCATION BUILDING; AUTHORIZED THE MAYOR TO EXECUTE AGREEMENT; AN AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS: Publ 10. ADOPTED RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATIONS FOR MEASURE Administration. •m • i •tIlml • • : - •• 1 • - i ManagerCity `•staff forinstallationof theArt ExhibittheCity Halllobby E thanked Council Member Alvarez for initiating the project. He thanked the Community Developmen! staff for organizing the Housing Fair. City Council Minutes Regular Meeting — September 28, 2021 13 Mayor Frometa adjourned the Regular City Council Meeting at 10:28 p.m. in memory of the Navy Sailors who perished during a helicopter accident in the Pacific Ocean off of San Diego: Hospital Corpsman 31d Class Bailey Tucker, 21; Hospital Corpsman 2nd Class Sarah Burns, 31; Naval Air nd Crewman 2 Class James Buriak, 21; Lt. Paul Fridley, 28; Lt. Bradley Foster, 29; and, the lives lost • ue to COVI D- 1 911�� /MARIA ALICIA DUARTE, CMC -,BLMCAPACHECO City Clerk Mayor City Council Minutes Regular Meeting — September 28, 2021 14