MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JUNE 28, 2022
The City Council of the City of Downey held a Regular City Council Meeting on June 28, 2022, at 6:34 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Pacheco presiding.
PRESENT: Council Members:
Blanca Pacheco
Catherine Alvarez
Claudia M. Frometa
Donald E. La Plante
Mario Trujillo
Mayor
Mayor Pro Tern
Council Member
Council Member
Council Member
ALSO PRESENT: Mark Scott, Interim City Manager
Vaniah de Rojas, Interim Assistant City Manager
Lauren Langer, Interim City Attorney
Leslie Murray, Chief of Police
Dan Hurlock, Fire Chief
Delfino Consunji, Public Works Director
Jason Chacon, Parks & Recreation Director
Anil Gandhy, Director of Finance
Crystal Landavazo, Interim Director of Community Development M. Alicia Duarte, CIVIC, City Clerk
The Invocation was delivered by Council Member Frometa. The Pledge of Allegiance was led by Council Member La Plante.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Trujillo welcomed the audience to the City Council meeting and wished fathers a happy Father's Day. He reported attending the Solar Energy Improvements Project ribbon cutting event, Go Skate Day, and the NALEO Annual Conference. He requested an update on the renovation of Stonewood Mall. He requested staff present options for converting the Sister Cities Association to a City Commission. He requested to expand the Summer Camp program for the next year and requested staff address parking issues on Telegraph Rd. He requested staff address and enforce unpermitted taco stands set up in the evening hours.
Council Member Frometa welcomed the audience to the City Council meeting and acknowledged Ivan Sulic in attendance. She reported attending the Solar Energy Improvements Project ribbon cutting event, the L.A. CADA 50'h Anniversary Celebration, and the NALEO Annual Conference. She thanked Interim Assistant City Manager De Rojas for her work on the Bin It Campaign and requested staff continue to engage property owners regarding maintenance. She requested staff continue speed enforcement and thanked the Police Department for their work. She wished everyone a happy 41h of July holiday and reminded residents regarding enforcement actions for lighting illegal fireworks.
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Chief Murray shared information regarding additional Police patrols, education efforts, and collaboration with the Fire Department to address illegal fireworks.
Council Member La Plante reported attending the Solar Energy Improvements Project ribbon cutting event, the retirement event for City Manager Livas, and a tour of Fire Station No. 1. He requested the installation of the dedication plaques at all Fire Stations and to expedite renovation of Fire Station No. 4. He commented regarding the issue of illegal fireworks and the challenges of enforcement. He wished everyone a happy Fiscal New Year. He commented regarding the passing of City of Duarte Mayor Pro Tern Tzeitel Paras-Caracci.
Mayor Pro Tern Alvarez welcomed the audience to the City Council meeting. She reported attending the NALEO Annual Conference and commented regarding recent Supreme Court action on Roe v. Wade.
Mayor Pacheco thanked the audience for attending the City Council meeting. She acknowledged Christopher Perez in attendance. She reported attending the L.A. CADA 50th Anniversary Celebration, City Manager Livas's retirement dinner, and the NALEO Annual Conference. She invited the public to attend the Downey Chamber of Commerce Installation Luncheon and the Summer Concerts at Furman Park. She requested the installation of speed readers at the intersection of Brock Ave. and Lyndora St.
PRESENTATIONS
1. Mayor Pacheco presented a City Tile to retiring employee with 14 years of service, Gilbert Livas, City Manager.
RECESS/RECONVENE
Mayor Pacheco recessed the City Council meeting at 7:30 p.m. Mayor Pacheco reconvened the City Council meeting at 7:39 p.m. with all Council Members present.
PUBLIC HEARINGS
1. ADJUSTED THE CITY'S UNIFORM SCHEDULE OF FEES: Administration.
ADOPTED RESOLUTION NO. 22-8080, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ADJUSTING THE CITY'S UNIFORM SCHEDULE OF FEES Mayor Pacheco opened the Public Hearing at 7:39 p.m.
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Frometa, seconded by Council Member Trujillo, and carried 5-0, to receive and file the publication.
Interim Assistant City Manager Vaniah De Rojas presented the staff report. She stated fees not set by State regulation that do not currently achieve full cost recovery were increased according to the Consumer Price Index (CPI). She reminded the Council that in 2019 the City Council approved an increase to the User Fee Schedule annually per the CPI as part of the budget process and noted those fees accounted for the majority of the changes to the Schedule of Fees. She shared fee increases were rounded up or down if they were greater or less than $0.50 with the exception of the Community Development Department Building & Safety section where fees were increased by the actual dollar amount. She stated the 100% cost recovery amount was determined by Matrix Consulting Group as part of a 2016 study. She highlighted changes to the fees under the Columbia Memorial Space Center and the Downey Theatre. She shared 22 new fees were added and some fees were removed as the service City Council Minutes
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is no longer being provided. She provided the following corrections to items that would remain at cost recovery, not increased per CPI: The Special Request Fire Flow Test fees, Standby Service Fees, Fire Sprinkler System Fees, High -Piled Storage fees, Hot Work Operations fees, Fire Alarm System fees, Inspection Services fees related to plumbing and building & safety, Release of Impounded Vehicles fees, and, photocopying fees for the Public Works Department.
Council Member Frometa requested to confirm which fees are highlighted in yellow and green.
Ms. De Rojas responded items highlighted in yellow are fees increasing by CPI and items highlighted in green are new fees being added to the Fee Schedule.
Mayor Pacheco, at 7:44 p.m., opened this item for public comment. Mayor Pacheco asked City Clerk Duarte if there were any written public comments received regarding the Public Hearing item. City Clerk Duarte confirmed one written public comment was received.
Wayne Spindler, non-resident, commented in opposition to increases to the Schedule of Fees.
Mayor Pacheco asked if there was anyone present who would like to comment regarding the Public Hearing item.
Armando Herman, non-resident, commented regarding the User Fee Schedule Resolution and in opposition to increased fees.
BC, resident, commented in opposition to increased fees.
Rodolfo Cortes Barragan, non-resident, commented in opposition to increased fees.
Mike Greenspan, non-resident, commented in opposition to increased fees.
Jang Lee, resident, commented regarding the impact of inflation and who would be affected by increased fees.
Having no one else, Mayor Pacheco closed the Public Hearing at 8:00 p.m.
It was moved by Council Member Frometa, seconded by Council Member Trujillo, and carried 5- 0, to adopt Resolution No. 22-8080, a Resolution of the City Council of the City of Downey adjusting the City's Uniform Schedule of Fees.
CONFIRMED LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2022-2023: Public Works.
ADOPTED RESOLUTION NO. 22-8081, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY CONFIRMING THE DIAGRAM AND ASSESSMENT AND ORDERING THE
LEVY AND COLLECTION OF ASSESSMENTS FOR THE CITY OF DOWNEY LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2022-23 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND
HIGHWAYS CODE
Mayor Pacheco opened the Public Hearing at 8:01 p.m.
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Frometa, seconded by Mayor Pro Tern Alvarez, and carried 5-0, to receive and file the publication.
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Director Consunji presented the staff report. He provided the history of the Lighting and Landscaping Assessment District, the purpose of the assessments, the structure of the Assessment Districts, and the process to set the assessment rates for the various zones within the District. He provided the figures for the total operating budget, total revenue, and the anticipated ending fund balance.
He noted assessment rates for all zones are currently at the maximum level and increasing maintenance costs have resulted in negative fund balances. He advised the assessments may need to be increased by a Prop 218 ballot to cover the shortfall in the future.
Council Member Frometa thanked Director Consunji for his presentation and requested the percentage of increase recommended. Director Consunji responded that the only increase would be in Zone 1 where the City has not collected any assessments in the past 20 years and shared the proposed assessment of $21.41 for a single-family household. Council Member Frometa questioned whether staff anticipates an annual increase. Director Consunji responded the Landscaping and Lighting Act requires the item be brought before the City Council every year and a Public Hearing be held annually. He stated the assessment rates are at the maximum level and to increase the rates, the City would need to conduct a Prop 218 ballot measure which requires a 2/3 vote in favor of rate increases.
Mayor Pacheco inquired regarding the previous amount collected for Zone 1.. Director Consunji responded no assessments have been collected in the last 20 years.
Council Member Trujillo inquired regarding the reason no assessments were collected. Director Consunji responded this was the decision of the City Council. Council Member Trujillo questioned regarding the amount assessed for single-family homes. Director Consunji responded the amount is determined by the number of dwelling units and is not based on the property value. He clarified that ad valorem taxes based on the value of the property are separate from the assessment being discussed.
Council Member Trujillo inquired regarding staff's recommendation and why the assessment is being increased. Director Consunji responded the Assessment District has had a negative balance and the General Fund has subsidized the District. He stated if the assessment is approved, it would fund operations in place of the General Fund. Council Member Trujillo inquired which Zone multi -unit properties are located. Director Consunji responded Table 4 of the staff report shows the multi -unit properties in Zone 1. Council Member Trujillo inquired regarding the effect on renters. Director Consunji responded the assessment would be placed on property owners.
Mayor Pacheco, at 8:10 p.m., opened this item for public comment. Mayor Pacheco asked City Clerk Duarte if there were any written public comments received regarding the Public Hearing item. City Clerk Duarte confirmed one written public comment was received.
Wayne Spindler, non-resident, commented in opposition to increased fees.
Mayor Pacheco asked if there was anyone present who would like to comment regarding the Public Hearing item.
Armando Herman, non-resident, commented in opposition to increased fees and regarding transparency and the effect on renters.
area.
Lee Squire, resident, commented regarding use of the General Fund to subsidize one assessment BC, resident, commented in opposition to increased fees.
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Mike Greenspan, non-resident, commented in opposition to increased fees and regarding use of the General Fund to subsidize one assessment area, the effect on renters, and ad valorem property taxes.
Rodolfo Cortes Barragan, non-resident, commented in opposition to increased fees and regarding the fiscal policies of the City Council and representation.
Having no one else, Mayor Pacheco closed the Public Hearing at 8:23 p.m.
Council Member Frometa commented regarding the assessment funds being used for services such as street lighting, landscaping, and tree maintenance. She commented regarding the need to balance the services being provided with the funding required. She commented regarding the necessity of increasing assessments to maintain streets and lighting.
Council Member Trujillo questioned whether it is common for cities to subsidize the assessment.
Interim City Manager Scott responded it is common for cities to have Lighting and Landscape Districts and, while some cities may pay for maintenance from the General Fund, it is not common practice. He commented in support of action ceasing the subsidy. He commented regarding issues that can occur if the Assessment Districts are not updated regularly. He clarified the City may only charge the actual cost, which is provided in the annual report. Council Member Trujillo requested the actual cost for the City to continue to subsidize from the General Fund in the next fiscal year. Interim City Manager Scott requested to clarify what was subsidized. Director Consunji responded Assessment Zones with negative fund balances are subsidized by the General Fund and collection of the proposed assessment would eliminate the subsidy. Interim City Manager Scott shared it is not uncommon for Zones to have negative fund balances and cities typically reduce services in those zones, which can create issues with unequal service. He stated the better practice is to adjust the assessment rate to maintain services. Council Member Trujillo questioned the amount of revenue the City would forego if it did not adopt the Resolution.
Director Consunji stated the amount would be $21.41 from each parcel in Zone 1.
Council Member Frometa referenced the Fiscal Impact section of the staff report. Director Consunji clarified $2,248,322 is the amount collected across all Assessment Zones and $704,000 would be collected from Zone 1. Interim City Manager Scott commented regarding subsidizing one zone but not the rest. Council Member Frometa questioned the $750,00 referenced in the Fiscal Impact Section.
Director Consunji responded this sum is the ad valorem property tax assessment. Interim City Manager Scott clarified this figure is not referring to Zone 1. Consultant Jim McGuire of Willdan Financial Services clarified the Assessment Zone is not subsidized by the General Fund but receives Prop 13 funds restricted to the purposes of landscaping and lighting. He stated Zone 1 previously received sufficient ad valorem revenues that it did not require an assessment and, due to a decrease in ad valorem revenue, staff is recommending an increase in the assessment to the authorized maximum amount to balance the budget. He reiterated that General Funds were not used to subsidize one Zone but the particular Zone had funds restricted to one purpose. Interim City Manager Scott inquired whether the Zone had a fund balance in the past from which they were able to draw. Mr. McGuire confirmed the fund balance was large enough to pay the annual assessment amount.
It was moved by Council Member Frometa, seconded by Mayor Pro Tern Alvarez, and carried 4- 1, with Council Member Trujillo voting no, to adopt Resolution No. 22-8081, a Resolution of the City Council of the City of Downey confirming the Diagram and Assessment and ordering the Levy and Collection of Assessments for the City of Downey Lighting and Landscaping Assessment District 121 for Fiscal Year 2022 pursuant to the Provisions of Part 2 of Division 15 of the California Streets and Highways Code.
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PUBLIC COMMENT ON AGENDA, CONSENT CALENDAR AND NON -AGENDA ITEMS Mayor Pacheco asked City Clerk Duarte if any written public comments were received regarding Agenda, Consent Calendar and Non -Agenda items. City Clerk Duarte confirmed 14 written public comments were received.
It was moved by Council Member Frometa, seconded by Mayor Pro Tern Alvarez, and carried 5- 0, to receive and file written public comment.
Charles Gerlach, resident, commented regarding open meeting laws.
Rick Huff, resident, commented requesting commercial green waste binds for commercial buildings and apartments.
Lisa Lang, resident, commented regarding regulating street vending.
Jesus Torres, resident, commented regarding regulating street vending.
Lisette Rivera, resident, commented regarding regulating street vending.
Jennifer Alvarez, resident, commented regarding regulating street vending.
Rick, resident, commented in opposition to street vending in Downey.
Angelica Hernandez commented regarding regulating street vending.
Sara Morales, resident, commented in opposition to Item No. 8.
Wayne Spindler, non-resident, commented regarding the public comment period and City Manager Livas.
No name provided commented regarding affordable housing and assisting the homeless population.
Kimberly Tinajero, resident, commented regarding Council Members.
Lorraine Roskelley, resident, commented regarding regulating street vending.
Theresa Riley, resident, commented in opposition to the termination of City Manager Livas.
Mayor Pacheco asked if there was anyone present who would like to comment regarding Agenda, Consent Calendar and Non -Agenda items.
Armando Herman, non-resident, commented regarding First Amendment rights, Council Members, and affordable housing.
Anita Rivero, resident, commented regarding the theft of catalytic converters in the City.
Council Member La Plante commented regarding the engraving of catalytic converters to assist in recovery efforts. Chief Murray shared two events have been hosted by the City and staff can host additional events. She stated theft of catalytic converters is a regional issue and commented regarding proactive deterrence.
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Speaker, no name provided, commented regarding the theft of catalytic converters in the City.
Gabe Montoya, Kaiser Permanente employee, asked the Council to support a minimum wage increase for healthcare workers in Downey.
Eva Amador, resident and Kaiser Permanente employee, asked the Council to support a minimum wage increase for healthcare workers in Downey.
Resident and healthcare worker, no name provided, asked the Council to support a minimum wage increase for healthcare workers in Downey.
Elvira Murillo, healthcare worker, asked the Council to support a minimum wage increase for healthcare workers in Downey.
Lee Squire, resident, commented regarding the Central Basin Municipal Water District.
Alan Halstensgaard, resident, commented regarding abortion.
John Lacey, resident, welcomed Mr. Scott and commented regarding the departure of City Manager Livas.
Lawrence Christon, commented regarding the Downey Theatre, Council Members, City Manager Livas, and Interim City Manager Scott.
Greg Shorter, healthcare worker, asked the Council to support a minimum wage increase for healthcare workers in Downey.
Mike Greenspan, non-resident, commented regarding elected officials and City staff.
BC, resident, commented regarding the departure of City Manager Livas, the effort to recall L.A.
County District Attorney Gascon, Proposition 47, the Solar Energy Improvements Project, and VenueTech.
Jang Lee, resident, commented regarding street vending, clean streets, the User Fee Schedule, and LGBTQ Picnic and requested the Council hold a picnic for Koreans in the City.
Rodolfo Cortes Barragan, non-resident, commented regarding Interim City Manager Scott, Interim City Attorney Langer, the NALEO Annual Conference, and the Social Security Administration.
Joaquin Beltran, resident, thanked everyone who supported his campaign and commented regarding the COVID-19 pandemic.
Having no one else, Mayor Pacheco closed public comment.
Mayor Pacheco recessed the City Council meeting at 9:32 p.m. Mayor Pacheco reconvened the City Council meeting at 9:41 p.m. with all Council Members present.
CONSENT CALENDAR
Mayor Pacheco announced Item No. 13 would be continued to a future City council meeting.
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Council Member Trujillo abstained from Item No. 3, Special Meeting Minutes of June 14, 2022 as he was not present. Council Member Trujillo pulled Item No. 8 for separate discussion.
Mayor Pacheco pulled Item Nos. 10 and 11 for separate discussion.
It was moved by Council Member Frometa, seconded by Council Member Trujillo, and carried 5- 0, to approve the remainder of the Consent Calendar.
3. APPROVED MINUTES: Special Meetings of May 3, 2022; June 14, 2022; and June 15, 2022: City Clerk.
4. WARRANTS ISSUED: Warrant Nos. 360274 - 360550; Payroll Wire Numbers 30004242 - 30004244; EFT Nos. 11570 - 11594; Manual Wire Nos. 2253, in the total amount of $3,105,029.43:
Finance.
5. ACCEPTED WORK FOR FLORENCE AVE. PAVEMENT REHABILITATION; APPROVED ALL AMERICAN ASPHALT'S FINAL CONSTRUCTION CONTRACT AMOUNT OF $1,482,855.47;
AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO FILE A NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 20-05): Public Works.
6. ACCEPTED WORK FOR RESIDENTIAL STREETS PAVEMENT REHABILITATION - AREA 1; APPROVED HARDY & HARPER, INC.'S FINAL CONSTRUCTION CONTRACT AMOUNT OF $3,095,759.92; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO FILE THE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 22-16): Public Works.
7. AWARDED A CONTRACT TO WILLIAMS PIPELINE CONTRACTORS, INC. IN THE AMOUNT OF $90,000 FOR WELL NO. 30 DISCHARGE PIPE IMPROVEMENTS; AND, AUTHORIZED THE
PUBLIC WORKS DIRECTOR TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE
OF WORK DEEMED NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT BUDGET (MISCELLANEOUS PROJECT NO. 364): Public Works.
9. APPROVED PROFESSIONAL SERVICES AGREEMENT WITH RAFTELIS FINANCIAL CONSULTANTS, INC. (DBA RAFTELIS) IN THE AMOUNT OF $65,574 FOR FINANCIAL SERVICES FOR PREPARATION OF COST OF SERVICE AND WATER RATE STUDY; AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT: Public Works.
12. AUTHORIZED STAFF TO ENTER INTO A THREE (3) YEAR AGREEMENT WITH ADVANCED
PROBLEM SOLVING, LLC, (APS) FOR ACCESS TO AN ONLINE TRAINING PORTAL THAT WILL
HELP FACILITATE MANDATED TRAINING AND ALLOW MEMBERS OF THE FIRE DEPARTMENT TO ENHANCE TRAINING OPPORTUNITIES: Fire.
13. APPROVE PROFESSIONAL SERVICE AGREEMENT WITH VENUETECH MANAGEMENT GROUP, INC. FOR THE MANAGEMENT AND CONSULTING SERVICES OF THE DOWNEY CIVIC THEATRE; AND, AUTHORIZE THE CITY MANAGER TO EXECUTE ALL AMENDMENTS TO THE AGREEMENT: Parks & Recreation.
Item No. 13 was continued to a future meeting.
14. ADOPTION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY FIRE MANAGEMENT ASSOCIATION: Human Resources.
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ADOPTED RESOLUTION NO. 22-8082, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY FIRE MANAGEMENT ASSOCIATION (JANUARY 1, 2023 — DECEMBER 31, 2025)
16. ADOPTED RESOLUTION REGARDING MANDATED FIRE/LIFE SAFETY INSPECTION COMPLIANCE: Fire.
ADOPTED RESOLUTION NO.22-8083, A RESOLUTION OF CITY COUNCIL OF THE CITY OF
DOWNEY ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF THE
DOWNEY FIRE DEPARTMENT REGARDING THE ANNUAL INSPECTIONS OF CERTAIN OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA
HEALTH AND SAFETY CODE
16. APPOINTMENT TO THE PUBLIC WORKS COMMITTEE, DISTRICT 5: Council Member Trujillo.
ADOPTED RESOLUTION NO. 22-8084, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE APPOINTMENT OF ALFRED ELLIOT TOVAR TO THE PUBLIC WORKS COMMITTEE FOR COUNCIL DISTRICT 5
17. ADOPTED RESOLUTIONS PERTAINING TO THE GENERAL MUNICIPAL ELECTION OF TWO (2) COUNCIL MEMBER SEATS ONE FOR DISTRICT 2 AND 4 FOR NOVEMBER 8, 2022: City Clerk.
A) ADOPTED RESOLUTION NO. 22-8085, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY OF DOWNEY CITY CHARTER;
B) ADOPTED RESOLUTION NO. 22-8086, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF LOS ANGELES TO CONSOLIDATE THE CITY'S GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE; AND,
C) ADOPTED RESOLUTION NO. 22-8087, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE
VOTERS AT A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022
18. ADOPTION OF MILITARY EQUIPMENT ORDINANCE (PURSUANT TO AB 481): Police.
ADOPTED ORDINANCE NO. 22-1484, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING CHAPTER 15 ("MILITARY EQUIPMENT POLICY") TO ARTICLE 11 ("ADMINISTRATION") OF THE DOWNEY MUNICIPAL CODE
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OTHER BUSINESS
8. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH UNITED PACIFIC SERVICES, INC. IN THE AMOUNT OF $736,100 ANNUALLY FOR CITYWIDE TREE TRIMMING MAINTENANCE SERVICES; AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT;
AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT: Public Works.
Council Member Trujillo inquired whether the City required the use of energy efficient vehicles when issuing Requests for Proposals (RFP). Director Consunji responded that it was not required in this RFP but CNG vehicles are used for street sweeping and trash collection. Council Member Trujillo inquired regarding CNG vehicles. Director Consunji responded the CNG vehicles use compressed natural gas.
Council Member Trujillo inquired if any other contracts require use of CNG vehicles. Director Consunji responded CNG vehicles are used for street sweeping and trash collection. Council Member Trujillo questioned whether CNG vehicles are considered in the RFP evaluation process. Director Consunji responded it is not currently part of the scoring criteria. Council Member Trujillo inquired regarding concerns about the awarded vendor. Director Consunji responded that he researched the issues of concern and found they were not related to the company's workmanship or operations.
Council Member Frometa requested to confirm which item had been continued. Mayor Pacheco responded Item No. 13 would be continued to a future City Council meeting.
Council Member Trujillo requested staff consider inclusion of CNG vehicles in evaluation of future RFPs.
Council Member La Plante suggested CNG vehicles be part of the scoring matrix and commented regarding use of CNG vehicles by tree trimming companies. Interim City Manager Mark responded staff can return to the City Council with an item to discuss consideration of environmental benefits in the scoring of proposals. He commented regarding the difficulty of imposing requirements on tree trimmers.
It was moved by Council Member Frometa, seconded by Mayor Pro Tern Alvarez, and carried 5- 0, to approve a professional services agreement with United Pacific Services, Inc. in the amount of $735,100 annually for Citywide Tree Trimming Maintenance Services; authorize the Mayor to execute the agreement; and, authorize the City Manager to execute any and all amendments to the agreement.
10. AUTHORIZED STAFF TO ENTER INTO AN AGREEMENT WITH COMMLINE, INC. FOR TWO-
WAY RADIO COMMUNICATION EQUIPMENT (RADIO INFRASTRUCTURE, MOBILE AND
PORTABLE RADIOS) MAINTENANCE, REPAIR AND SUPPORT FOR A CONTRACT PERIOD FROM JULY 1, 2022, TO JUNE 30, 2023: Police.
The City Council discussed and approved Item No. 10 and 11 by one motion.
Mayor Pacheco inquired why the City was entering into a one-year contract for the Police Department and a three-year contract for the Fire Department. Chief Hurlock responded the Fire Department has worked with Commline, Inc for 7-8 years and has an established relationship. He stated the Police Department started working with Commline, Inc. more recently and uses a different radio manufacturer. Chief Murray confirmed Chief Hurlock's comments and stated the Police Department began working with Commline, Inc. in 2018. She stated if the Police Department has successful operation with Commline, Inc., they may consider a multi -year contract.
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11. AUTHORIZED STAFF TO ENTER INTO A THREE (3) YEAR AGREEMENT WITH COMMLINE, INC. FOR 911 COMMUNICATION EQUIPMENT (RADIO INFRASTRUCTURE, MICROWAVE
NETWORK, MOBILE AND PORTABLE RADIOS) MAINTENANCE AND REPAIR SERVICES FOR CONTRACT PERIOD FROM JULY 1, 2022, TO JUNE 30, 2025: Fire.
It was moved by Council Member Frometa, seconded by Council Member Trujillo, and carried 5- 0, to authorize staff to enter into an agreement with Commline, Inc. for two-way radio communication equipment (radio infrastructure, mobile and portable radios) maintenance, repair and support for a contract period from July 1, 2022 to June 30 2023; and, authorize staff to enter into a three (3) year agreement with Commline, Inc. for 911 communication equipment (radio infrastructure, microwave network, mobile and portable radios) maintenance and repair services for contract period from June 7, 2022 to June 30, 2025.
ADMINISTRATIVE REPORTS
19. DESIGNATED VOTING DELEGATE AND ALTERNATE(S) FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE, SEPTEMBER 7-9, 2022 IN LONG BEACH, CA: Administration.
ADOPTED RESOLUTION NO. 22-8088, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY DESIGNATING A VOTING DELEGATE AND ALTERNATE(S) FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE & EXPO, SEPTEMBER 7-9, 2022 IN LONG BEACH, CA.
Interim Assistant City Manager De Rojas presented the staff report. She shared the League of California Cities Conference & Expo is an annual meeting where League membership considers and takes action on resolutions that establish League policy. She advised the City Council must designate a voting delegate and alternates to ensure the City's interests are represented as the League considers its platform and initiatives for the upcoming year.
Interim City Manager Scott noted the time commitment for the designated voting delegate. Mayor Pacheco responded she is aware and usually serves as the delegate. Interim City Manager Scott shared that he has served as an alternate in cases where the Council Member did not realize the time commitment.
Council Member Trujillo suggested appointing Mayor Pacheco as the voting delegate and Council Member La Plante as the alternate.
Council Member La Plante confirmed he would be attending the League of California Cities Annual Conference and would be able to serve as an alternate.
It was moved by Council Member Trujillo, seconded by Mayor Pro Tern Alvarez, and carried 5-0, to adopt Resolution No. '22-8088, a Resolution of the City Council of the City of Downey designating a Voting Delegate and Alternate(s) for the League of California Cities Annual Conference & Expo, September 7-9, 2022 in Long Beach, CA.
20. DISCUSSED THE CITY'S CURRENT CONTRIBUTIONS TO DOWNEY ARTS, HISTORY AND CULTURE, AND THE CREATION OF A DOWNEY ARTS AND CULTURE GRANT PROGRAM:
Administration.
Interim City Manager Scott provided an introduction of the item and previous discussion of arts, history and culture.
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Interim Assistant City Manager De Rojas presented the staff report. She provided the total of approximately $2.5 million spent on arts, history and culture and noted the total may be higher due to the inability to pull specific figures for certain Library programs. She added $4.7 million was allocated to arts, history and culture from the Art in Public Places Fund and Measure S funding. She shared the City's General Fund contribution of $929,066 toward the Downey Theatre and $2.9 million in improvements were completed at the Theatre. She commented regarding approval of an additional $4 million being allocated to the Columbia Memorial Space Center (CMSC) for the second building expansion and noted the current General Fund contribution to CMSC is $1.3 million. She shared the establishment of the Art in Public Places Fund in 2005 and the $1.8 million expended since inception of the program. She stated the City budgets $40,000 annually for a Downey Civic Theatre Financial Assistance Program in the form of rental credit to Downey -based nonprofit performing arts organizations wishing to present a program at the Downey Theatre. She mentioned the Downey Rose Float Association and Downey Symphony Orchestra regularly apply each year. She shared a 2012 amendment to the Art in Public Places Guidelines allowed use of the Art in Public Places fund to pay for art venues within the boundaries of the Downtown Specific Plan area and the City has an agreement in place to subsidize Stay Arts. She stated that the City has provided Stay Arts with $193,128 in assistance. She shared the City has held a number of popular Citywide events representing arts and culture it the City and total $256,328. She stated the City developed a Power Box Public Art program in 2013 and expanded the program in 2014 to allow members of the public to "adopt" a box with maintenance funded by the Art in Public Places Fund for 10 years. She provided a total of 32 power boxes throughout the City. She mentioned the installation of the Downey Doodle-icious mural on the Porto's Bakery parking structure wall utilizing funds from the Art in Public Places Fund. She commented regarding art sculptures, a historical kiosk marker art piece, and the Dream of Tomorrow art piece installed at Furman Park using Art in Public Places funding. She shared the City is currently exploring vendors for the construction of a Karen Carpenter Statue to be installed in a public location in the City. She commented regarding programming provided by the Downey Library including story time, ongoing programming, classes, workshops, events, exhibits and archives. She stated the Parks and Recreation Department offers a variety of contract classes, camps, and activities pertaining to arts, history, and culture. She added the Police Department partnered with DUSD to implement the Holiday Greeting Artwork Card contest. She highlighted the City's efforts to preserve history buildings such as the NASANultee Building and Bob's Big Boy Restaurant. She shared staff's research regarding arts grant programs in other Cities and determined the budget ranges from $30,000 - $150,00 with applicants receiving a maximum of $3,000 — $10,000 . She added the L.A. County Department of Arts and Culture offers a Community Impact Arts Grant program that Downey organizations or individuals are eligible to apply to and may receive up to $20,000 with the cash match.
She concluded staff can develop a recommended program for Council consideration at an upcoming City Council meeting if the City Council were to approve the creation of an Arts and Culture Grant program.
Interim City Manager Scott added if the Council were to give direction to staff, staff would provide recommendations on operation and funding depending on the scope of the program. He stated funding may need to come from other arts programs or other parts of the budget. He commented regarding the need for structure in discussing the program and the possibility of a study session to facilitate discussion.
Interim Assistant City Manager De Rojas shared the Council approved development of strategic plan and the Arts and Culture Subcommittee has begun work to enlarge the scope. She stated the Council could consider adding this matter to the larger discussion.
Council Member Frometa requested clarification regarding the $2.5 million figure. Ms. De Rojas responded the amount does not include the Art in Public Places funding, Measure S funding, and the additional $4 million in proceeds from a property sale transaction. Council Member Frometa commented regarding the robust funding allocated toward art, history and culture.
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Council Member La Plante thanked Ms. De Rojas for her report and commented in support of holding a study session. He requested to confirm that the Downey Theatre costs the City $1 million to operate. Ms. De Rojas confirmed the figure. Council Member La Plante inquired whether the Art in Public Places program was created by the City on its own or in response to a State mandate. Ms. De Rojas responded the City created the program on its own. He asked for the name the skating banana sculpture.
Ms. De Rojas responded the sculpture is named "On a Roll". Council Member La Plante commented in favor of the Carpenters statue and expressed his desire for Richard Carpenter to be featured.
Council Member Trujillo requested staff reach out to Richard Carpenter and the record company regarding funding the statue. He concurred with Council Member La Plante's statement regarding inclusion of Richard Carpenter and added that a small keyboard should be included in the statue.
Council Member Frometa thanked Ms. De Rojas for her report and requested to table the item for future discussion.
Council Member Trujillo commented in support of the study session proposed by Interim City Manager Scott and requested to confirm the public would be able to attend the study session. Interim City Attorney Langer responded in the affirmative.
It was moved by Council Member Trujillo, seconded by Council Member Frometa, and carried 5- 0, to table the discussion and schedule a Study Session regarding Downey arts, history and culture, and the creation of a Downey Arts and Culture Grant program.
21. DISCUSS RECOGNIZING THE DOWNEY ARTS COALITION AS A LEGACY GROUP IN REGARDS TO THE USE OF THE DOWNEY THEATRE: Parks & Recreation.
Council Member La Plante suggested inclusion of this item in the arts, history and culture study session.
Council Member Trujillo noted the time sensitivity as the Downey Arts Coalition would like to move forward with the Tuesday Museum program in July. He shared the Theatre Subcommittee convened to discuss the item and recommends recognizing the Downey Arts Coalition as a Legacy Group.
Director Chacon presented the staff report. He provided background regarding the Downey Civic Theatre Financial Assistance program, Legacy Groups, and the budget for the Theatre. He shared a non - Legacy Group can apply to have their rental fees waived while a Legacy Group can apply to have the labor, box office, and other associated costs waived in addition to the rental fees. He stated the Downey Theatre Subcommittee convened and approved recognition of the Downey Arts Coalition as a Legacy Group on March 15, 2022. He provided a background regarding the Downey Arts Coalition and the criteria to become a Legacy Group.
Council Member La Plante inquired regarding the funding request from the Downey Arts Coalition.
Director Chacon clarified the organization is not requesting funds but to be considered a Legacy Group.
He added the organization would then fill out the application form for their monthly open house event. He stated staff has worked with the Theatre to determine dates that would not conflict with programming of revenue -generating rentals. He estimated the application would request approximately $25,000 which could possibly be offset by sponsorship opportunities.
Council Member Frometa inquired whether the Downey Arts Coalition would receive $25,000 of the $40,000 allocated to the program. Director Chacon responded the organization would submit an application and the Theatre Subcommittee would make a determination. He shared the Downey Symphony has historically applied for $25,000 while the Downey Rose Float Association has applied for City Council Minutes
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$8,0000 annually. He stated the Downey Arts Coalition would not be able to receive the full request amount unless their costs are offset or the Council decides to increase the amount provided in the Downey Civic Theatre Financial Assistance program.
Mayor Pacheco clarified $7,000 in funding is available. Director Chacon confirmed this based on prior application and noted non -Legacy Groups may also apply for assistance, typically in smaller amounts
Council Member Frometa inquired regarding the amounts requested by non -Legacy Groups.
Director Chacon provided an example in which a church group requested $3,500 to host a Christmas show. He reminded the Council that non -Legacy Groups may only apply for a rental credit and would pay for staffing, box office fees, and equipment rentals. Council Member Frometa inquired regarding a cap for Legacy Group requests and whether this request would impact the funds available to other groups.
Director Chacon responded there is no cap per event and elaborated the $25,000 requested by the DowneySymphony covered three shows that were part of the school program. He commented regarding a potential impact to other groups depending on the Theatre Subcommittee's decision regarding the applications received. Council Member Frometa questioned whether being a Legacy Group would give priority to the Downey Arts Coalition and impact the City's ability to capture revenue from other events.
Director Chacon responded the Downey Arts Coalition's application is ready to submit, pending their Legacy status, and staff has already coordinated with VenueTech regarding dates with the least amount of impact to revenues. Council Member Frometa questioned whether there is a clause regarding competing with rentals. Director Chacon responded the arts organizations understand certain days will not be made available due to the revenue generating events. He shared staff would be willing to discuss available dates if the Theatre does not have any producing shows or rentals occurring in the short term.
He noted Thursday through Sunday dates would not be made available in advance.
Mayor Pacheco added instances where the Downey Rose Float Association has requested certain dates and the Theatre was reserved. She confirmed that the three groups would apply to receive a portion of the $40,000 allotted to the program and historically the Downey Symphony has requested $25,000. Director Chacon clarified more than the three groups may apply and Legacy Groups are eligible for a full waiver of rental costs and staff costs. He stated non -Legacy Groups would receive only a waiver of rental costs.
Council Member La Plante questioned the cost to open the Theatre for a few hours on a monthly basis. Director Chacon responded the Theatre provides a worksheet to break down costs and explained the costs account not only for the day of the event but includes set-up and curation time. Council Member La Plante commented in opposition to the costs associated with the event and anticipated participation.
He commented regarding engagement with the Stay Gallery and reiterated the need for a comprehensive review of art in Downey. He suggested the Downey Arts Coalition event could wait until August or September.
Mayor Pacheco clarified that no dollar amount has been approved. Director Chacon confirmed her statement and shared the Downey Arts Coalition provided a sample proposal at the last Theatre Subcommittee meeting. He noted the organization is still conducting fundraising for the event. Mayor Pacheco inquired whether the Downey Arts Coalition was ever a Legacy Group. Director Chacon stated they were not and shared they have supported events in the past as a third -party nonprofit. He shared the organization's desire to become a Legacy Group and host their own events.
Council Member Trujillo inquired whether the Downey Art League was ever a Legacy Group.
Director Chacon responded that it was not. Council Member Trujillo shared his understanding that the Downey Arts Coalition merged with the Downey Art League. Director Chacon responded he was not familiar with the organization's history. Council Member Trujillo commented there is no fiscal impact to City Council Minutes
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a Legacl GT5TP77#1TMMT-T,-'nacon respon ere is no TISCai impact to approve the Coalition as a Legacy Group.
It was moved by Mayor Pro Tern Alvarez, seconded by Council Member Trujillo, and carried 4-1, with Council Member La Plante voting no, to recognize the Downey Arts Coalition as a Legacy Group in regards to the use of the Downey Theatre.
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Interim City Manager Scott shared his delight in joining Downey, he assured he would do his best to fill City Manager Livas's shoes, and that he looks forward to working with the excellent staff and getting to know the community.
ADJOURNMENT
Mayor Pacheco adjourned the Regular City Council Meeting at 10:26 p.m. in memory of El Monte Police Department Corporal Michael Domingo Paredes and Officer Joseph Anthony Santana killed in the line of duty; Tzeitel Paras Caracci, Mayor Pro Tem of the City of Duarte and 21 year member of the Duarte City Council; the victims of the Ukraine crisis; and, the lives lost due to COVI D-1 9.
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City Clerk Mayor
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