Charles Gerlach
June 11, 2022
Downey Mayor and City Council
Interim City Attorney
Interim City Manager
City Staff
Downey City HALL
Downey, California, 90240
By Email Thru the City Clerk:
[email protected]
Re: Misuse and Abuse of California Open Meeting Laws
Dear Addressees:
Downey city hall has been operating fast and loose with respect to the spirit and intent of the California Open Meeting Act!
• Section 11120, BAGLEY-KEENE OPEN MEETING ACT sets forth the purpose of the law:
"It is the public policy of this state that public agencies exist to aid in the conduct of the people's business and the proceedings of public agencies be conducted openly so that the public may remain informed.
In enacting this article the Legislature finds and declares that it is the intent of the law that actions of state agencies be taken openly and that their deliberation be conducted openly.
The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.
This article shall be known and may be cited as the Bagley -Keene Open Meeting Act." City officials remain in contempt of the public's right to access and understand the "business of the people" in an arrogant in a cavalier display of repeatedly violating the spirit and intent of the Brown Act and the Bagley Keene Open Meeting Act.
Simply put, as stated by the legislature: "We believe that BAGLEY-KEENE OPEN MEETING ACT was and is intended to nullify the need for guesswork or further inquiry on the part of the interested public."
California open meeting laws requires 10 days notice for a regular meetings without special circumstances. Topics eligible for consideration at a special meeting are clearly delineated in the law. That is, only these 9 topics are available to officials in
Downey City Officials
June 11, 2022
order to call for a special meeting:
1) To consider 'pending litigation' as that term is defined in subdivision (e) of Section 11126.
2) To consider proposed legislation.
3) To consider issuance of a legal opinion.
4) To consider disciplinary action involving a state officer or employee. 5) To consider the purchase, sale, exchange, or lease of real property. 6) To consider license examinations and applications.
7) To consider an action on a loan or grant provided pursuant to Division 31 (commencing with Section 50000) of the Health and Safety Code. consider its response to a confidential final draft audit report as permitted by =Wmillim
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The pattern and practice of this council to apply and utilize a special session exemption to a wide category of unjustified matters is a misuse and abuse of administrative code.
The agendized workman's compensation matters on the June 15, 2022 special meeting agenda are merely matters appropriate for a closed session. Personnel matters do not generally qualify for a special session. PLEASE TELL ME THE APPROPRIATE
CATEGORY FROM THE NINE CHOICES ABOVE TO JUSTIFY THIS SPECIAL SESSION.
1) Personnel Matters.
2) Examination Matters
3) Matters Affecting Individual Privacy
4) Administrative Disciplinary Matters
5) Board of Accountancy Matters
6) Pending Litigation
7) Responses to Confidential Final Draft Audit Report
8) Threat of Criminal or Terrorist Activity
9) Advisory Bodies/Committees May Meet in Closed Session 10) Open Session Otherwise Required
Any competent and honest person must conclude and agree that the special meeting tacked onto the beginning of the June 14, 2022 regular meeting MAY Not be construed as in conformance with the letter of the law. The topics of the two agendized items under
Downey City Officials
June 11, 2022
the heading "special meeting" are more appropriately classified as a "closed session" matters. They do not qualify for a special session. Moreover, It is insufficient, illegal, and simply demonstrates some hidden motive to tack on a special meeting ahead of the regular meeting on the same agenda.
Again, the intent and spirit of the open meetings laws is to facilitate clarity for the public to be informed of the peoples business. The prgLctical distinction between regular and special meetings is time -sensitive action! Time -sensitivity is not the only criteria to be applied under the law - except here in Downey! Moreover, I am confident that ... ..........
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***Note to council -member and esteemed assistant district attorney — Trujillo: A payou) to a non-profit political organization on the weak pronouncement of cultural enrichment to (ostensibly) fund a children's party is NOT a proper topic for a special meeting regardless of any time -sensitive imperative you may wish to concoct! In summary, the overuse of special session meetings indicates incompetence by way of ,,2dministrative malfeasance. Everything is a crisis - in need of immediate attention! Finally, the historical pattern and practice to hold closed session gatherings for refreshments, collegiality, and comradery before EVERY meeting is a bold faced dodge around the Brown Act. You will say, "we never discuss the upcoming public meeting". I will respond, "that fact is unverifiable and beyond credulity, and, I don't believe you!" It's plain, and, it's simple — Conduct closed session meetings after the public meeting if for no other reason than for optics. If you wish to avoid late night sessions, then advance the start times of the meetings.
This council deliberates NOTHING of substance in public in favor of wishes and hopes gDly!. Items show up unannounced and undiscussed on the consent calendar - "Move it! -- Five Aye!"
dmp.wl
Linda Thai
From: Rick Huff
Sent: Wednesday, June 15, 2022 9:04 PM
To: Downey City Clerk - Public Comment
Subject: Re: A Possible Commercial Green Waste solution [CAUTION EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Dear City Council Members:
Would it be possible for someone at the City of Downey to contact Cal Met and ask them about the possibility of offering a 4' x 6' green waste trash bin to commercial buildings and apartments that request them, at a reasonable rate or the same price as the trash bin rate of $167 plus tax, for large properties.
Thank you in advance for your time and consideration, Rick Huff Concerned Citizen Sent from my iPhone
> On Jun 15, 2022, at 8:31 PM, Rick Huff > wrote:
> Dear City Council Members :
> In trying to comply to our cities new law of segregating out the green waste from our normal trash bin, we called Cal Met and requested a second 4' x 6' bin for green waste ONLY, at a cost of $167 plus tax a month. We were told all they offer for green waste for a commercial property are the same 65 gal green waste bins that we use for our residential properties in Downey, at a cost of $103 plus tax, per bin commercially. > How are commercial properties that do not have landscaping services that cut remove and haul off all the green waste supposed to comply with only a 65 gal residential size green waste bin? It is not reasonable to think that one residential size 65 gal green waste trash bin is adequate to meet the needs of a large commercial property or apt building, that has beautiful landscaping and that are being serviced by the owners to save costs. > Thank you,
> Rick Huff
> Concerned Citizen
> Sent from my iPhone
Linda Thai
From: Lisa Lang
Sent: Tuesday, June 28, 2022 10:37 AM
To: Downey City Clerk - Public Comment
Subject: Street vending
[CAUTION EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
I have been a Downey Resident for 40 years. My husband opened his own business here and had to do all licensing and code requests to have a reputable business. One where he was held to a standard to protect residents and also to protect our business. Checks and balances are what keep crime from escalating. Soon, people were illegally contracting jobs without the proper licenses thereby undercutting his business and many times I thought we would go under. To keep things safe, and above board we have to have laws and regulations especially to protect the law abiding citizens. If street vending is to be allowed it must be policed, regulations enforced, and codes abided by. If not crime with increase, and we will see the decline of our beautiful city. Please reconsider! Downey resident
Lisa Lang
Sent from my Whone Lisa
Linda Thai
From: J Torres
Sent: Tuesday, June 28, 2022 10:51 AM
To: Downey City Clerk - Public Comment
Subject: Street Vending Waiver
Madam Mayor Pacheco,
Street vending is legal, but fees should not be waived. Street vendors have unfair competition if fees are waived. Downey businesses pay licensing, business licensing fees, insurance, business taxation costs, rent and utility payments". Catherine Alvarez is doing this for political reasons as a recall for her seat is happening. I implore Downey City Council to reject this political ploy.
Very Respectfully,
Jesus Torres
Resident Downey Ca, Address Omitted fearing retaliation from Catherine Alvarez. 1 Linda Thai
From:
The Rivera Family
Sent:
Tuesday, June 28, 2022 12:00 PM
To:
Downey City Clerk - Public Comment
Cc:
The Rivera Family
Subject:
Street vendors/ Catherine Alvarez
[CAUTION EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Madam Mayor Pacheco,
After two years of dealing with Covid, having to reduce their staff, hours of operation to stay afloat, and trying their best to keep their doors open, plus higher gas prices have negatively impacted about 68% of small businesses' recovery efforts. Now we have city councilwoman (MPT) Catherine Alvarez wanting to bring street vendors to our city without having to pay any fees or licensing dues.
Just goes to show you that she has no clue how her proposal is detrimental to brick & mortar businesses that play by the rules. She has no idea how unregulated street vending will bring down the quality of life for everyone. The trash, food waste, crime, street crowds, traffic issues, etc. alone, are a very negative impact. I'm not opposed to street vending, but, it has to be regulated, monitored, and engineered to be integral with the community's needs and wants.
How is this going to impact small businesses that have been around for years and have contributed to the business landscaping of our city and community?
Small business owners have suffered enough!
Respectfully,
Lisette Rivera
Resident Downey Ca, Address omitted fearing retaliation from Catherine Alvarez.
Linda Thai
From: Alvarez, Jennifer
Sent: Tuesday, June 28, 2022 12:45 PM
To: Downey City Clerk - Public Comment
Subject: Street Vendor Council Item 6/28/2022
Dear City Council,
First, I want to be very clear that I am not against street vendors doing business in Downey however, I believe that such vendors need to follow a stringent set of standards and regulations including obtaining a license in order for Downey to maintain control over the street vendors as they do all other businesses that open in Downey. Many people in our beautiful city of Downey have moved here from other cities that had an abundance of unlicensed street vendors roaming the streets all hours of the day and night. Often these vendors begin competing, causing chaos with who has the loudest horns or can visit the most streets. Trash littered the streets since they sell outdoors, and people don't have access to trash cans. Some of these vendors sold drugs. San Francisco just recently instated the requirement that street vendors have permits because stolen goods are being sold by such vendors which can very well happen on our Downey streets without regulating these vendors. Our community children will be interacting with these vendors, and we need to ensure that each vendor that does business with our children licensed and safe.
If Downey is going to allow street vendors, please do so with keeping our public safety and streets in mind. Citizens don't want our quiet streets inundated with constant noise and unregulated vendors. Regulations such as license requirements, noise control, time regulations they can roam the street, and sanitary regulations that require basic health and hygiene safety protocols.
Again, those of us that grew up in areas with unregulated vendors know the chaos that accompanies such free for all vendor practices. It adds noise pollution to our streets and takes away from our quality of life. I personally left a nearby city and sacrificed to move here to Downey because 1 didn't see graffiti, gangs, or street vendors. Downey is a city with high standards that surrounding cities envy and 1 ask that you maintain our high standards by limiting and regulating the street vendor business on our city streets.
Thank you for your time,
Mr. and Mrs. Jose Alvarez
Linda Thai
From: R R >
Sent: Tuesday, June 28, 2022 12:47 PM
To: Downey City Clerk - Public Comment
Subject: Public comment
Good evening Downey City Council,
I am against street vendors coming to our beautiful city of Downey. We need to maintain the integrity of Downey. Have you driven into bell gardens, Huntington park, LA lately? There are taco stands are everywhere, at every corner. Illegal parking and Trash everywhere. I have nothing against our paisanos making a living, but not street vending in Downey. It also not fair for all the business trying to keep afloat. Let's keep the Mexican Beverly Hills immaculate.
That idiot Catherine Alvarez is a disgrace to Downey. She never gives real informative updates, if she does, she only welcomes in 2 to 3 words. What does she really do? She is a mute! HORRIBLE! I am ashamed to be represented by her! She will be recalled! NO to allowing street vendors and recall Catherine Alvarez! Best Regards,
Rick, a concerned district 3 resident.
Sent from my iPhone 13 Pro
1 Linda Thai
From: Angelica Hernandez
Sent: Tuesday, June 28, 2022 1:09 PM
To: Downey City Clerk - Public Comment
Subject: Street vendors
[CAUTION EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Dear City Council, all vendors need to be licensed and pay taxes like everyone else that own's a business and we should have more code enforcement out not 1 or 2 we need more than that now. Let's continue to keep Downey beautiful.
Thank you
Sent from my Whone
Linda Thai
From: wayne spindler
Sent: Tuesday, June 28, 2022 1:09 PM
To: Downey City Clerk - Public Comment
Subject: Item #1..june 28, 2022 from GOAT PUPPET.
oppose this bullshit. Your fucking fees, baaaah, baaaah, are too fucking sky high. Humans need money for gas, so they can help finance more foreign enemy dictators that hate the U.S. Say no to this crap and remand, baahhhh, the item to committee
Linda Thai
From: wayne spindler
Sent: Tuesday, June 28, 2022 1:13 PM
To: Downey City Clerk - Public Comment
Subject: Item#2 June 28, 2022 Goat Puppet
Baaahhh, i oppose this fucking bullshit assessment/ hidden tax. You 5 fucking thieves could use CARES money for this shit. Humans, baaaah, need money for gas so they can pay $7 a gallon because they elect you 5 fucking retarded mutants every chance they get. Say no to item 2 and redo a study on it before a City Commission. You are fucking Downey taxpayers enough.
To: Honrablr Mayor and Members of the Council
From: Sara Morales, City of Downey Resident
RE: Pending approval for United Pacific, Inc.
It has come to my attention and my community, that you are considering the approval of City wide Tree trimming maintenance from United Pacific Inc. As a lifetime resident of this wonderful city (voter of some of you), I am requesting you reconsider this action and choose another Arborist. One that doesn't have as many dockets in the Los Angeles Superior Court, going back to the 80"s. If you would have done your due diligence as officials, where the CEO/President of United Pacific, Inc., has Faudeulent history. His then alleged tree services name was Allied Tree Services ('Allied'). He borrowed and fraudulenty signd fake invoices, and "Commonwealth" obtained interest in all of Allied's properies;accounts receivable, inventory and equipment, advancing Allied with $536,610.27 in total. Franklin admitted that business identified on the purchase was nonexistent, and the signatures had been forged. https://casetext.com/case/in-re-franklin-3
Other:
Case No.: BC681388 -Other Employment Complaint Case (General Jurisdiction)Employee complaint Wage violations / Preliminary Approval of Class Action Settlement INC/20200113209126
As a community we rely on you to follow Section 304, where you approve or continue contracts to benifit the City of Downey. If you approve this Contract with United Pacific Inc., you will lose the confidence of myself and our community. You will have failed to protect our community and our tax dollars.
Downey Resident,
Sara Morales
Linda Thai
From: wayne spindler
Sent: Tuesday, June 28, 2022 1:48 PM
To: Downey City Clerk - Public Comment
Subject: June 28 2022 GENERAL PUBLIC COMMENT by Goat Puppet You 5 fucking crooks only hold meetings to gouge your own constituents? Baaah. Baaah. 4 fucking minutes max per human speaker with a 30 minute total for the whole meeting means 7 speakers get 4 minutes each max. What about the OTHER 2 MINUTES. Why not 32 minutes max for 8 speakers max? Baaah. Oh, that's right you all illiterate democrat ghetto rats, sorry I forgot. Math not your best subject? If 8 Spanish speakers spoke that would be 60 minutes max (double time for translation.) So why the fucking hard 30 minute cap? That's st000pid.
Good to see Livas go. Thank you for your service. Let us all know when his testimony before the grand jury comes. Baaah. Like to view that in zoom.
I'll yield the rest of my 4 minutes to allow more speakers to "compliment" your "fine work." They really like you guys I hear. Baaah.
Linda Thai
From: Transparency
Sent: Tuesday, June 28, 2022 1:51 PM
To: Downey City Clerk - Public Comment
Subject: Public comment for tonight's council meeting
Please read aloud at tonight's council meeting:
Earlier this month I had the opportunity to support a tenant in Downey who was being forced out of her home by a corrupt and greedy landlord. She has had a challenging life with single parenting two kids, surviving ongoing domestic violence, and enduring financial hardships due to Covid-19.
This case is just one example of countless renters all over the City of Downey, County of Los Angeles, and State of California. I think that it is incredibly shameful that the city council has squandered their opportunity to make significant and lasting changes within the discriminatory and predatory landlord/tenant market. Rent stabilization, down payment assistance, deposit forgiveness, eviction defense, and low-income housing all could have helped to make the City of Downey more affordable and inviting to the type of people who are the backbone of the city: the working class! They are the primary sales tax base and revenue leaders for small business and big - box retailers alike. It makes sense from not only a social justice, humanitarian perspective, but from a capitalistic and financial aspect as well. The city already has the infrastructure, public transportation, parks, shopping, and good schools that will attract working- and middle-class people who are being priced out of higher markets. This all should not be news to any of you. This council is made up primarily of realtors, lawyers. You should know better and want to do something to make Downey a better place to live for everyone! Apart from Catherine Alvarez, I would be hard-pressed to find another council member who could honestly say they have shown through their actions that they care about helping the less fortunate, the homeless, the immigrant, or the working poor. It is an embarrassment that Downey has the homeless population that it does. How do you think it looks to have trash, shopping carts, human feces on public streets, trails, and in front of businesses? That is not very becoming to the image you wish to project for the city. But, instead of helping the homeless get rehoused, you are not only turning your collective back on this population but are doing nothing for the tens of thousands who are on the precipice of homelessness due to corrupt, heartless, and profit hungry landlords, developers, corporations, and realtors.
Linda Thai
From: Kimberly Tinajero
Sent: Tuesday, June 28, 2022 1:54 PM
To: Downey City Clerk - Public Comment
Subject: Public Comment
Dear Mayor,
I am disappointed our beloved city of Downey is ran by narcos. Mr. Trujillo recently stated that I don't live in the city.
You are wrong and are projecting your negative characteristics upon my person. When in fact it is you, that is not a Downey resident. Mr. Narco Trujillo you spend 60% of the year in Mexico and that is the sole cause you are ineligible represent the at large district of Downey. It is you Mr. Narco-procurador that orchestrated the removal of Gilbert Livas.
Or is it the narcos, your other sindicate boss former Mayor Fernando Vasquez? Either way you are part of the problem in Downey, I reiterate you don't live here, you live in Mexico. That's why you are eager to desperately foster the sister cities in order to expand your ties to organized crime. As a former special advisor to D.A. Gascon you have used your profesional privilege to form alliances with the drug lords and negotiate back door deal with criminals. Fox News aired one of your many criminal and illegal deals, but only god knows the countless that have gone unseen or unheard. I guess it wasn't enough to defend a criminal guilty of a drive by? You have undermined our justice system to benefit your self and organized crime. Your actions make Trump look like one of the good guys. While you use your power speak on behalf of LGBTQ+, we know you have ties to organized crime and that's a fact that can be verified in your 2020 campaign contributions. With so many members of LGBTQ+ community being targets of organized crime, you should be ashamed you have bad character privately, in your profession, and as en elected official. Now that we have cleared that, tell us which drug cartel you belong to Mr. Trujillo? You take the time to respond to comments, please spare time to also respond to questions Downey residents are most concerned about. Mario Narco Trujillo needs to be recalled because he took drug money from organized crime. He has not disclosed who he really and the public needs to know he's a narco- procurador.
Thank you for your time Madam Mayor and God Bless the servants who want to do good for Downey, but most of all, God Bless America!
The Most Amazing Regards,
Kimberley Tinajero
LONGTIME DOWNEY RESIDENT
Linda Thai
From: Lorraine Roskelley >
Sent: Tuesday, June 28, 2022 2:02 PM
To: Downey City Clerk - Public Comment
Subject: Street Vending
I am against unregulated Street Vending. Please consider the impact of this for Downey.
Lorraine Roskelley
2022 JUN 2 8 PH 1:
Good evening Mayor,
TY OF Wi t. ,
I am writing in to share my disappointment on the unjust release of our fine Cityi It makes me sick to my stomach to think about the people that had the power to make such a drastic decision. I know its been said numerous times but I'm going to say it again... In the past Gilbert has had nothing less a good evaluation and now all of a sudden, we get new Council that have their own agenda and he must go??
Let's see, we have Catherina Alvarez that probably cant even spell termination yet she has the power to terminate some one that is so good for the City ?? Then we have Mario Trujillo that is as shady as they come, he is one of the biggest liars and most corrupt people ever to be on council in the history of Downey. Mario sits up there telling the public how much he doesn't want Ojas Locas to come to Downey when he and his partner Fernando Vasquez are 100% behind it. Mario and Fernando have a personal vendetta against Gilbert and Mario has voiced that to people before he even became a council member. He is a little more dangerous than Catherine because he's educated dirty.. non the less they are both dirty and should not be trusted. Then there is that coward Sean Ashton that added his vote to dismiss Gilbert and bails out like a true coward does. Sean also drank to corrupt Kool-Aid.. his shady actions caught up with him just like they will with the other ones. Blanca, you explain why you voted to let him retire instead of getting fired but you need to learn not to cave, let your yes be yes and your no's be no. you are a nice person and should have done more to persuade the corrupt ones to do the right thing but I also know what bullies they are.
What I do believe is that when Gilbert walks out of here he knows in his heart that he did his best and kept this City stable. He will have a clear conscience and can live the next chapter of his life not waiting for the consequences of his actions to creep up on him like the rest of you (except Claudia). No matter what your beliefs are you all know that no dirty deed goes unpunished whether you call it Karma or reaping what you sow, your actions will be accounted for.
It was said last week by a very intellectual, admirable and MORAL person that "the vote to have Gilbert Livas go is the worst vote in the history of Downey" very true statement.
This majority of the current council is making Downey history in the most embarrassing and horrific way instead of a productive and positive way. If your primary concern is not what's good for the city then get the hell out of office and let people that genuinely care for the City of Downey and its residents takeover after all... you dirty ones got voted in by deceiving and misleading people I just hope those people see you for what you are before you run Downey too far in the ground.
Gilbert Livas is appreciated, respected and cared about by countless people. He will be missed terribly by everyone that had the pleasure to know him and experience his sincerity. Gilbert, I am sorry you didn't go out on the terms that you had planned but remember that God has a bigger plan for you and
often times vvedon't see that plan but itwill berevealed toyou inGods time. HEwill deal with those fools that wronged you.
Theresa Riley,
50 year resident of Downey