City Council Minutes
Regular Meeting – August 10, 2021 1
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
AUGUST 10, 2021
The City Council of the City of Downey held a Regular City Council Meeting on August 10, 2021, at 6:30 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, with Mayor Pro Tem Pacheco presiding.
PRESENT: Council Members:
Claudia M. Frometa Mayor (excused)
Blanca Pacheco Mayor Pro Tem
Catherine Alvarez Council Member (via teleconference)
Sean Ashton Council Member
Mario Trujillo Council Member
ALSO PRESENT: Gilbert Livas, City Manager
John Oskoui, Assistant City Manager
Yvette M. Abich Garcia, City Attorney
Aldo E. Schindler, Deputy City Manager/Community Development Leslie Murray, Captain
Dan Hurlock, Fire Chief
Delfino Consunji, Public Works Director
Vaniah De Rojas, Assistant to the City Manager
Alicia Duarte, CMC, City Clerk
The Invocation was delivered by Fire Chief Dan Hurlock. The Pledge of Allegiance was led by Girl Scout Troop 17155.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Trujillo welcomed everyone to the meeting. He shared his enthusiasm with the results of the Downey Pride Family Picnic. He mentioned the event was successful and well attended.
He stated he would ask the City to budget for this annual event in the future. He thanked L.A. CADA, the Office of Supervisor Hahn, and City staff for their assistance in coordinating the event and, thanked the sponsors who were present. He requested staff schedule a Ferias Legales event at the Barbara J.
Riley Center for members of the community in need of free legal consultations. He asked staff to implement a mentorship program for Downey students aspiring to be lawyers to meet with attorneys from the community. He requested staff conduct a resident survey to identify the neighborhoods in the City that need more lighting and asked staff to report the results of the survey to the City Council. He requested staff provide information as to which City parks offer free Wi-Fi and which do not. He requested a timeframe for the installation of free Wi-Fi at all City parks. City Manager Livas informed the City Council he is currently working with the Director of Public Works to identify the streets in the City that need additional lighting and said staff will provide a report to the City Council at a future meeting. In regards to free Wi-Fi at City parks, City Manager Livas stated currently the City offers free Wi-Fi at some of the City parks and staff will return to the City Council with a plan to install Wi-Fi at the additional parks. City Manager Livas deferred to Library Director Ben Dickow for current locations where free Wi-Fi is available. Director Dickow stated free Wi-Fi is offered at Discovery Park, Apollo Park, the Civic Center and Furman Park through the virtual library system. He clarified patrons must have a City Library card to access the Wi-Fi network. City Manager Livas shared that the goal is for all residents to have a library card in order to access the Wi-Fi at the City parks, as well as the virtual inventory available at the City Library. Council Member Trujillo suggested all Downey students should apply for library cards in their classrooms and take a field trip to the City Library. Director Dickow stated
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all Downey students can apply for a City Library card and elaborated on the Downey One Card which allows high school and soon middle school students to use their school student I.D. as a Library Card.
Mayor Pro Tem Pacheco asked if there was signage at the City parks informing residents that free Wi-Fi is available and how to access it. City Manager Livas stated Public Works staff is working on installing signage at the parks.
Council Member Ashton commented regarding the Eco-Rapid Transit Board, of which he is a member, and said the Board is currently focused on the West Santa Ana Branch project, a new light rail line currently in the process of being developed. He mentioned Eco-Rapid Transit recently released the environmental studies for the project and is now accepting public comment. He encouraged Downey residents and residents from other cities to submit their comments and concerns to the Board. He announced that due to the pandemic public comment can be submitted via email or at one of the virtual meetings. He directed members of the public to access information by visiting the www.metro.net website. He commented regarding the design of other existing Metro Line Projects and voiced his concerns regarding how those projects were implemented.
Council Member Alvarez echoed Council Member Trujillo’s concerns in regards to the lack of lighting in some neighborhoods. She thanked everyone who participated in the Downey Family Pride Picnic.
Mayor Pro Tem Pacheco welcomed members of the public to the meeting. She acknowledged Michael Calvert, Director of the Downey Chamber of Commerce in the audience. She reported participating in a ride-along with Downey Police and commented regarding her experience of the calls the City’s Police Officers respond to, many of which are related to homelessness issues including mental health issues. She thanked the Police Officer who took her on the ride-along and all the Downey Police Officers for their work and dedication. She encouraged her Council colleagues to participate in a ride-along with Downey Police and Fire to experience firsthand the type of calls Police and Fire respond to. She reported attending The Whole Child Board Installation Ceremony and commented regarding a $1,000,000 donation from Golden Rule Community Development Corporation to The Whole Child for assistance with a homelessness project in the Downey community. She also attended a community barbecue hosted by Legacy Church and the City’s National Night Out event. She reported attending her last League of California Cities L.A. Division Meeting as President. She mentioned the League of California Cities meets to discuss legislation and decides whether to support or oppose upcoming bills which have an impact in Downey and other local cities. She commented regarding a successful Downey Family Pride Picnic and thanked Council Members Trujillo and Alvarez for their involvement in the event. She thanked L.A. CADA, Supervisor Hahn, Council Members from neighboring cities and L.A. County Assessor Prang as well as members of the community for attending the event. She reported attending the Gangs Out of Downey event at Golden Park and commented regarding the success and attendance of the event. She announced upcoming events: Concerts in the Park with the Downey Symphony which will include a mobile vaccine clinic; and, Ribbon Cuttings for Fire Stations No. 2 and 4. She requested staff consider a policy on how items are placed on the City Council Meeting Agenda.
City Manager Livas made a point of clarification regarding the City facilities that have access to Wi-Fi. He stated Discovery Park, Apollo Park, the Civic Center and Barbara J. Riley Center are the facilities that currently offer free Wi-Fi to members of the public and staff is in the process of acquiring Wi-Fi for Furman Park.
Council Member Trujillo thanked Mayor Pro Tem Pacheco for her service with the League of California Cities, Council Member Ashton for his current leadership in the Independent Cities Association and Mayor Frometa for being active in the National Association of Latino Elected Officials and California Contract Cities. He shared with the public that the Council Members take on additional responsibilities for the community and other cities without additional compensation.
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City Manager Livas clarified there were pop-up vaccination clinics at the Gangs Out of Downey event at Golden Park, the Downey Family Pride Picnic event at Furman Park, and at the previous Concerts in the Park events and noted there would be no pop-up vaccination clinic at the next Concerts in the Park event. He stated staff would continue to work with the County and invite them to set up additional pop-up vaccination clinics at future City events.
Council Member Trujillo asked staff to research the possibility of administering vaccines to residents via mobile clinics. He also asked if any member of the public is able to walk into any hospital in Downey and request the vaccine. City Manager Livas stated staff would continue to work with the County on the possibility of door to door vaccines. He added vaccines were distributed to local pharmacies and community members can visit any pharmacy to have the vaccine administered to them for free. He deferred to Assistant to the City Manager De Rojas for additional information. Ms. De Rojas shared that the public can access information regarding walk-up vaccination clinics on the L.A. County Department of Public Health website.
Council Member Trujillo requested staff disseminate information regarding free vaccinations at the local pharmacies to members of the public via the City’s social media sites.
PRESENTATIONS
1. Mayor Pro Tem Pacheco presented a Proclamation to Mike Dale in honor of the U.S. Coast Guard’s 231st Birthday Celebration.
2. Mayor Pro Tem Pacheco presented a Proclamation to The Arc in honor of the 31st Anniversary of the Americans with Disabilities Act.
PUBLIC HEARINGS
Mayor Pro Tem Pacheco announced Public Hearing Item No. 1 is being tabled to the Regular City Council Meeting of August 24, 2021.
1. A SPECIFIC PLAN AMENDMENT TO AMEND THE DOWNTOWN DOWNEY SPECIFIC PLAN TO
CREATE DEVELOPMENT STANDARDS FOR DRIVE-THROUGH FACILITIES AND
ACCESSORY MONUMENT SIGNAGE IN THE FIRESTONE BLVD GATEWAY DISTRICT OF THE DOWNTOWN DOWNEY SPECIFIC PLAN: Community Development.
2. ADOPTION OF ACTIVE TRANSPORTATION PLAN: Public Works.
1) RECEIVED AND FILED PRESENTATION ON THE CITY’S ACTIVE TRANSPORTATION PLAN BY FEHR & PEERS; AND,
2) CONDUCTED A PUBLIC HEARING AND, UPON CONCLUSION OF THE PUBLIC HEARING, ADOPTED THE FOLLOWING RESOLUTION:
ADOPTED RESOLUTION NO. 21-8032, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY FINDING THAT THE ACTIVE TRANSPORTATION PLAN IS
STATUTORILY EXEMPT PER THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN ACCORDANCE WITH SECTION 21080.20 OF THE
CALIFORNIA PUBLIC RESOURCES CODE AND ADOPTING THE CITY OF DOWNEY
ACTIVE TRANSPORTATION PLAN
Mayor Pro Tem Pacheco opened the Public Hearing at 7:29 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Ashton, seconded by Council Member Trujillo and carried 4-0, with Mayor Frometa absent to receive and file the publication.
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Deputy Director of Public Works Ed Norris presented the staff report for Item No. 1. He stated the City received a $300,000 State grant through the Active Transportation program for the development of a Citywide Pedestrian plan, which had been completed and combined with the City’s Bicycle Master Plan to form the City’s Active Transportation Plan. He introduced the consultant and noted that Fehr & Peers developed the Bicycle Master Plan as well as the Activity Transportation Plan.
Project Manager Miguel Nuñez of Fehr & Peers provided an overview of the project and detailed the existing conditions, community feedback, transportation tools, and proposed improvements. He explained the benefits of a pedestrian plan, including improved quality of life, creation of a more walkable environment, and development of a complete pedestrian network. He stated that his analysis included examination of a City-wide pedestrian collision inventory and pedestrian activity levels, field observations, and outreach to the community in-person and online. He reviewed responses regarding reasons to walk more, how often residents walk, reasons that prevent residents from walking, ways to improve walking conditions, areas where improvements were desired, and top destinations in Downey.
He reviewed the toolbox of suggested ways to improve walkability. He stated that the Active Transportation Plan identified more than 15 locations for which improvements were proposed. He noted, due to the grant, there was a focus on south Downey and decreasing collisions in that area. He detailed considerations such as improvements at signalized and unsignalized locations, access to bus stops, visible crossings, access to the Green Line, making intersections less confusing, and opening up potential space. He provided concepts such as additional identifying features, landscaping, signage, curb extensions, small traffic circles, improvements at the Downey Bus Depot, and wayfinding to help residents locate destinations in Downey.
Council Member Ashton thanked Mr. Nuñez for the presentation and proposing the installation of roundabouts on City streets. He asked staff whether the portable scooter program would still move forward in the City and asked Mr. Nuñez if the scooter program would be compatible with the Transportation Plan.
Mr. Nuñez stated that there are tradeoffs with the portable scooter program as they are not intended not to be used on sidewalks. He said that scooters should be utilized on streets in a manner similar to bicycles. He noted that strategies such as the portable scooter program can provide benefits such as increased physical activity, reducing traffic and congestion, reducing parking demand, and increasing accessibility.
Deputy City Manager Schindler responded to Council Member Ashton’s first question and said the portable scooter program was scheduled to launch but was halted due to the pandemic. The City is working with the company to bring them back when the time is appropriate.
Council Member Trujillo inquired if Downey is being marketed as a walkable city. Mr. Nuñez replied that there are many walkable areas but there is room for improvement. Council Member Trujillo encouraged collaboration with realtors to promote the City as a walkable city. He requested staff install an added feature on the City’s website to show a map of walkable places of interest with walking plans.
Mr. Nuñez said a map with areas of interest is included in the report and said the service walkscore.com could assist as well. Council Member Trujillo requested staff research a plan with walkscore.com with reduced advertising. City Manager Livas said staff would look into his request and clarified that there are two different topics here: promoting walking and walkable communities. He said that, with this project, the City’s goal is to increase safe access to a destination and encourage walkability and engagement. City Manager Livas explained that walkability increases in areas where there is high density, such as Downtown Downey.
Mayor Pro Tem Blanca Pacheco thanked Mr. Nunez for the presentation and said she was glad to see how the project would benefit students.
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Mayor Pro Tem Pacheco opened the item for public comment. Mayor Pro Tem Pacheco asked City Clerk Duarte if there were any written comments received regarding the Public Hearing item. City Clerk Duarte confirmed no written comments were received. Mayor Pro Tem Pacheco asked if there was anyone present who would like to comment on the Public Hearing item.
Armando Herman, non-resident, commented regarding the health benefits of walking, safe communities, and access to safe sidewalks and streets.
Mike Greenspan, non-resident, commented regarding installing adequate lighting on walking paths.
Resident, no name provided, commented regarding maintaining the north side of the City sidewalk free.
Juan Martinez, resident, commented regarding the need for maintenance and ADA compliance on City streets. He commented in opposition to inclusion of realtor feedback and in in support of bike lanes.
Barbaro Rodriguez, resident, commented in support of the proposed plan and emphasized the need for parking enforcement.
Rodolfo Cortes Barragan, non-resident, commented in support of installing sidewalks in District 4 and commented regarding the importance of public representation.
Ana Brown, resident, commented in opposition to installing sidewalks in District 4 and commented regarding the need for more lighting for safety purposes but added that this should be the homeowners' responsibility.
Jang Lee, resident, commented in support of adding sidewalks in areas where children are present.
Having no one else, Mayor Pro Tem Pacheco closed the Public Hearing at 8:15 p.m.
It was moved by Council Member Ashton, seconded by Council Member Trujillo and carried 4-0, with Mayor Frometa absent to receive and file the presentation on the City’s Active Transportation Plan by Fehr & Peers.
It was moved by Council Member Ashton, seconded by Council Member Trujillo and carried 4-0, with Mayor Frometa absent to adopt Resolution No. 21-8022, a Resolution of the City Council of the City of Downey finding that the Active Transportation Plan is statutorily exempt per the requirements of the California Environmental Quality Act in accordance with Section 21080.20 of the California Public Resources Code and adopting the City of Downey Active Transportation Plan.
3. APPROVED SOLAR POWER PURCHASE AND ENERGY SERVICES AGREEMENTS WITH
ONYX DEVELOPMENT GROUP, LLC FOR INSTALLATION OF SOLAR PHOTOVOLTAIC AND BATTERY ENERGY STORAGE SYSTEMS AT CITY FACILITIES: Public Works.
1) INTRODUCED THE FOLLOWING ORDINANCE:
INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
MAKING FINDINGS FOR ENERGY SERVICES CONTRACTING PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 4217.10 ET SEQ. AND THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AND APPROVING SOLAR POWER PURCHASE AND ENERGY SERVICES AGREEMENTS WITH ONYX DEVELOPMENT GROUP, LLC;
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2) AUTHORIZED THE MAYOR TO EXECUTE THE SOLAR POWER PURCHASE AND ENERGY SERVICES AGREEMENTS; AND,
3) AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENTS.
Mayor Pro Tem Pacheco opened the Public Hearing at 8:16 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Ashton, seconded by Council Member Trujillo, and carried 4-0, with Mayor Frometa absent to receive and file the publication.
City Manager Livas stated that this project has been worked on diligently by staff for over a year and is one of the City Council priorities and Mayor’s goals for 2020. He shared that the City hopes to reduce its carbon footprint and hopes to do so with this project along with other measures.
Director of Public Works Delfino Consunji presented the staff report. He listed energy efficiency upgrade projects at City facilities, awards received by the City, and goals for a Clean Renewal Energy Project. He shared staff’s recommendation to install solar and battery storage systems at City facilities following a feasibility study completed by Willdan Energy. He reviewed the City’s fulfillment of legal requirements for entering into the agreements and the qualifications of the CEG Solutions and Onyx Development Group.
Jonathan Brown of CEG Solutions and Sophie Fallon of Onyx Development Group provided a program overview and presented the proposed solar improvements for City Hall, the Police Department, the Downey Theatre, the Downey Library, Columbia Memorial Space Center, and Barbara J. Riley Senior Center. Director Consunji listed the environmental and fiscal benefits of the proposed program.
Council Member Ashton questioned the proposed location and size of the batteries. Mr. Brown specified the locations of the batteries outside of each facility and estimated the dimensions would be approximately the size of several filing cabinets long and two cabinets wide. He stated the intention to keep the batteries out of sight and that the batteries would produce little noise.
Council Member Ashton questioned the cost for the City to build the project. Director Consunji estimated that the upfront cost would be $9 - 10 million, with additional costs for operations and maintenance. He stated that Onyx Development Group would be responsible for the maintenance for 25 years with an option to extend another five years if the City Council were to move forward with the agreement.
Council Member Ashton asked whether the agreement offered a lease-to-own option. Director Consunji responded that the agreement offers an option in the fifth or six year to purchase the system.
He added that the batteries would be located in the least intrusive locations.
Council Member Alvarez asked about the cost of maintenance. Director Consunji responded that the cost of operation and maintenance are included in the agreement and the City would only pay the cost of the power.
Council Member Ashton asked whether the power generated would cover only the City's needs or if the system would generate enough power to sell. Director Consunji responded the system would offset close to 100% of energy costs and nothing would be sent back to the grid.
Mayor Pro Tem Pacheco opened this item for public comment. Mayor Pro Tem Pacheco asked City Clerk Duarte if there were any written comments received regarding the Public Hearing item. City Clerk Duarte confirmed no written comments were received. Mayor Pro Tem Pacheco asked if there was anyone present who would like to comment on the Public Hearing item.
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Armando Herman, non-resident, commented regarding the cost of the agreements and transparency in solar service contracts.
Juan Martinez, resident, commented regarding building solar panels over bank rivers to reduce water evaporation and requested a report detailing how running its own energy facility would benefit the City.
Mike Greenspan, non-resident, commented regarding the costs to install solar photovoltaic and battery energy storage systems and fiscal management.
Kevin Ezeh, resident, requested to use the cost savings from the project to add more City street lights.
Rodolfo Cortes Barragan, non-resident, commented in favor of the City maintaining its own energy grid.
Resident, no name provided, commented in support of privatizing management of the solar photovoltaic and battery energy storage systems.
Mayor Pro Tem Pacheco closed the Public Hearing at 8:53 p.m.
Council Member Ashton commented regarding the City’s past research into joining their own community choice aggregate program and the choice to join the Clean Power Alliance. He commented regarding the City’s capacity to perform the work needed to institute, operate, and maintain such a program, as well as the associated costs. He commented in support of the option to purchase the system in five years.
City Manager Livas clarified the item on the agenda is not about the City creating a utility company. He commented regarding the initial $10 million outlay, costs for maintenance and the need to hire specialized staff should the City own the system. He commented regarding possible City projects the $10 million could be used towards. He stated that most solar power projects are not owned by the public entity due to the cost and those that are may not break even on costs. He commented regarding the City’s ability to save money, provide a public benefit through the reduction of carbon emissions, and move toward continued sustainability.
It was moved by Council Member Ashton, seconded by Council Member Trujillo and carried 4-0, with Mayor Frometa absent, to introduce an Ordinance of the City Council of the City of Downey making Findings for Energy Services Contracting pursuant to California Government Code Section 4217.10 et seq. and the California Environmental Quality Act and approving Solar Power Purchase and Energy Services Agreements with Onyx Development Group, LLC.
It was moved by Council Member Ashton, seconded by Council Member Trujillo and carried 4-0, with Mayor Frometa absent, to authorize the Mayor to execute the Solar Power Purchase and Energy Services Agreements; and, to authorize the City Manager to execute any and all amendments to the Agreements.
Mayor Pro Tem Pacheco informed the public that the City had taken various measures over the year to reduce its carbon footprint, including tree planting, bike lanes, and charging stations. She requested a campaign to inform the public what the City is doing to make the City a more livable City that cares about the environment. City Manager Livas responded that staff would work on the campaign.
NON-AGENDA PUBLIC COMMENT
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Mayor Pro Tem Pacheco asked City Clerk Duarte if any written comments were received regarding Non-Agenda items.
Wayne Spindler submitted written comments to encourage the consumption of fresh fruit and vegetables to combat an obesity epidemic.
Shannon Debing, resident, submitted written comments regarding comments made by staff at a past City Council meeting and requested an investigation.
Mayor Pro Tem Pacheco asked if there was anyone present who would like to comment on Non-Agenda items.
Armando Herman, non-resident, commented regarding a public records request, the Los Angeles Police Department, and elected officials.
Mike Greenspan, non-resident, commented regarding homosexuality, public officials, the Independent Cities Association, and sexual harassment.
Ana Brown, resident, commented regarding her opposition to Los Angeles County District Attorney Gascon.
Leticia Vasquez, non-resident, spoke regarding correspondence she received from the City, the City water supply, and the Central Basin Municipal Water District.
Kevin Ezeh, resident, commented regarding the possibility of extending cost savings from the solar project to residents and businesses.
Lee Squire, resident, commented regarding a pending lawsuit involving Los Angeles County District Attorney Gascon.
Bill Adrian, resident, requested a vote of no confidence in Los Angeles County District Attorney George Gascon.
Patricia, resident, commented regarding her son’s murder and her opposition to Los Angeles County District Attorney George Gascon.
Dorothy Pemberton, resident, commented regarding a community garden, Havana Nights, and Oktoberfest in September.
Kathy Cady, non-resident, commented regarding her opposition to Los Angeles County District Attorney George Gascon.
Resident, no name provided, commented in opposition of sponsorship of multicultural events.
John Lacey, resident, commented regarding his opposition for Los Angeles County District Attorney Gascon.
Jang Lee, resident, commented regarding vaccines and masks, and in opposition to the City endorsing Pride Month.
Barbaro Rodriguez, resident, commented on the public comment time limits, an item on the City Council meeting agenda of May 12, 2020, the Brown Act, the U.S. Constitution, Veterans, protesting, and communism.
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Rodolfo Cortes Barragan, non-resident, commented regarding his opposition to the recall of Los Angeles County District Attorney Gascon.
Juan Martinez, resident, commented regarding Presentation Item No. 4, Los Angeles County District Attorney Gascon, City Attorney Abich Garcia, and Council Member Trujillo.
Having no one else, Mayor Pro Tem Pacheco closed Non-Agenda public comment.
CONSENT CALENDAR
Council Member Trujillo abstained from Item No. 4, Regular Meeting Minutes of July 13, 2021, due to being absent.
Council Member Ashton abstained from Item No. 4, Regular Meeting Minutes of July 13, 2021, due to being absent.
Mayor Pro Tem 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 Tem Pacheco asked if there was anyone present who would like to comment on the Consent Calendar items.
Mike Greenspan, non-resident, commented on Item No. 4.
Juan Martinez, resident, commented in opposition to Item No. 8.
Armando Herman, non-resident, commented regarding Item No. 6 and Item No. 8.
Having no one else, Mayor Pro Tem Pacheco closed public comment.
Council Member Ashton asked Captain Murray to speak regarding Item No. 8.
Captain Murray provided a brief history of the agreement between the City and the Downey Unified School District for School Resource Officers to be present on campuses. She shared that the purpose of the program is to provide security on campus and build relationships with the students.
It was moved by Council Member Ashton, seconded by Council Member Trujillo carried 4-0, with Mayor Frometa absent, to approve the remainder of the Consent Calendar.
4. APPROVED MINUTES: Special Meeting of July 27, 2021; Regular Meeting of July 13, 2021: City Clerk.
5. WARRANTS ISSUED: Warrant Nos. 353137 – 353358; EFT Nos. 10800 – 10821; Manual Wire Nos. 2146 – 2154, total amount of $4,017,532.03: Finance.
6. ACCEPTED WORK FOR OLD RIVER SCHOOL RD. PAVEMENT REHABILITATION PROJECT; APPROVED R.J. NOBLE COMPANY’S FINAL CONSTRUCTION CONTRACT AMOUNT OF $2,161,490.32; ACCEPTED UTILITY COVER ADJUSTMENT WORK FOR OLD RIVER SCHOOL RD. PAVEMENT REHABILITATION PROJECT; APPROVED ALL AMERICAN ASPHALT’S FINAL CONSTRUCTION CONTRACT AMOUNT OF $75,126.58; AND, AUTHORIZED THE
PUBLIC WORKS DIRECTOR/CITY ENGINEER TO FILE NOTICES OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 16-20 & 16-20A): Public Works.
7. ACCEPTED WORK FOR THE TRAFFIC MANAGEMENT CENTER UPGRADES (PHASE 2); APPROVED FINAL CONTRACT AMOUNT OF $334,216; AUTHORIZED THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE THE NOTICE OF COMPLETION; APPROVED
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SOFTWARE MAINTENANCE AGREEMENT WITH MCCAIN, INC. IN THE AMOUNT OF $23,970;
AND, AUTHORIZED THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO EXECUTE SOFTWARE MAINTENANCE AGREEMENT (CAPITAL IMPROVEMENT PROJECT NO. 17-14):
Public Works.
8. AUTHORIZED THE CITY MANAGER TO APPROVE AN AGREEMENT BETWEEN THE CITY OF
DOWNEY AND THE DOWNEY UNIFIED SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER SERVICES FOR THE POLICE ON CAMPUS PROGRAM: Police.
9. APPROVED A 15 MONTH EXTENSION AGREEMENT WITH VENUETECH MANAGEMENT GROUP INC. FOR THE MANAGEMENT AND CONSULTING SERVICES AT THE DOWNEY CIVIC THEATRE; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT: Parks & Recreation.
ADMINISTRATIVE REPORTS
10. REVIEW OF THE COUNCIL MEETING RULES AND DISCUSSED EXPANDING METHODS FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL DURING CITY COUNCIL MEETINGS: Council Members Alvarez, Ashton and Trujillo.
Mayor Pro Tem Pacheco announced the first part of the Administrative Report to review the Council meeting rules was requested by Council Member Trujillo. She deferred to Council Member Trujillo for his comments.
Council Member Trujillo commented regarding the public’s access to the City Council Meetings during the pandemic including calling in for public comment. He shared that he received enquiries from members of the public regarding whether the City will develop rules to continue to allow participation via telephone during meetings. He stated he would like to discuss the current rules in place and whether the City Council would like to continue allowing that form of participation due to abuse from some members of the public.
Mayor Pro Tem Pacheco stated Council Members Alvarez and Ashton had requested to discuss expanding methods for the public to address the City Council during City Council Meetings. She asked the City Council if they would like to hear from City Attorney Abich Garcia regarding the City Council Meeting rules currently in place.
City Attorney Abich Garcia stated she was prepared to provide the City Council with an overview of the City’s current meeting rules including time limits, disruptive speech, and, penalties for breaching the City’s rules. She clarified that the meeting rules are included on the agenda and read before each City Council meeting. She asked the City Council whether they would like to review the meeting rules or discuss methods for the public to address the City Council during City Council meetings.
Council Member Ashton expressed his concerns regarding not continuing to allow members of the public to participate in the meeting by submitting their public comments via email. He added that some members of the public may not be able to attend the meeting in person or call in during late night hours to voice their concerns or complaints. He shared that he became concerned when he heard the City would no longer allow written comments to be submitted and read into the record. He stated he would like to discuss additional methods of participation for those not able to attend physically.
Council Member Trujillo asked City Attorney Abich Garcia what is allowed under the current meeting rules. City Attorney Abich Garcia clarified the meeting rules addressed pre-pandemic conditions and it was assumed the public would attend in person to provide public comment. She stated that one of the Executive Orders issued by the Governor allowed a virtual element that could be incorporated into the City Council meetings. She noted that the City of Downey allowed both telephone
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calls and Zoom participation and when the Chambers reopened for in-person meetings, the question became which of these elements the City Council would like to keep in place or whether the City Council would return to pre-pandemic rules. She added that the City Council could consider continuing to accept emails to be read into the record as the City is still under a local emergency order. She stated that it is not required but the City Council may allow email or phone participation or both options while the City is under an emergency order. She noted that a Municipal Code amendment would be required if the City Council wished to make these participation methods permanent.
Council Member Ashton asked for clarification regarding whether emailed comments would be accepted once the emergency order ended. City Attorney Abich Garcia responded that unless State law changed, the City would revert to the City Council meeting rules per the Downey Municipal Code.
Council Member Ashton asked if members of the public would need to mail their written comments via U.S. Mail to the City once the emergency order was lifted. City Attorney Abich Garcia clarified that members of the public could always email the City Council Members on any issue and stated the question before the City Council is whether those emails should be read into the record at the City Council meetings during Non-Agenda public comment and whether this would continue for the duration of the local emergency order or indefinitely.
Council Member Trujillo asked if the public was allowed to submit emailed public comments to the City Clerk to be read into the record pre-pandemic. City Attorney Abich Garcia responded that, before the pandemic, letters were read into the record for Public Hearing items only. She added that emails were not read for Non-Agenda public comment as the public would participate in person.
Council Member Trujillo asked if the State orders were mandates or options provided to the cities. City Attorney Abich Garcia responded the Executive Orders issued by the Governor required cities to incorporate virtual elements to their City Council meetings for the public to participate due to the shutdown.
Council Member Alvarez commented regarding her desire to continue to allow the public to submit emails, offer an option for the public to leave a voicemail message to be read into the record, and continue to have the meetings livestreamed via Zoom. She expressed her support for First Amendment rights and providing options for members of the public with disabilities.
Mayor Pro Tem Pacheco asked City Clerk Duarte if there was any written correspondence received regarding Item No. 10. City Clerk Duarte confirmed no written correspondence was received.
Mayor Pro Tem Pacheco asked if there was anyone present who would like to comment regarding Item No. 10.
Mike Greenspan, non-resident, commented regarding his preference to attend the meetings in person, in favor of allowing people to continue to email and participate virtually in the meetings, and censorship.
Juan Martinez, resident, commented in support of continuing virtual meetings and accepting public comments via email and telephone beyond the pandemic. He commented regarding accessibility and the evolution of technology.
Armando Herman, non-resident, commented in support of continuing virtual meetings and allowing public comment via emails and telephone. He commented regarding free speech and the meeting rules.
Having no one else, Mayor Pro Tem Pacheco closed Non-Agenda public comment.
Council Member Ashton addressed comments made by members of the public who mentioned driving hours to attend the Downey City Council meetings. He commented regarding making the City
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Council meetings accessible to Downey residents. He shared his support for allowing members of the public to submit their public comments in letter form or via email, and announcing during the Council meetings how many comments were submitted in support or opposition to a specific agenda item. He recalled seeing the written public comments incorporated into the City Council meeting minutes.
City Attorney Abich Garcia confirmed written correspondence was incorporated into the City Council Meeting Minutes for Public Hearing items pre-pandemic and said letters and emails should be treated the same.
Council Member Ashton questioned whether letters and emails were treated the same before the pandemic. City Attorney Abich Garcia responded letters and emails were treated the same when being incorporated into the administrative record as part of the Public Hearing.
Mayor Pro Tem Pacheco stated Mayor Frometa has been in support of reading emails and has continued to allow the reading of emails during previous City Council meetings.
Council Member Trujillo encouraged residents to email the City Council regarding any questions or concerns that they would like addressed. He assured residents that emails would be addressed and clarified that he would not engage in an email response if he sees another Council colleague has already responded. He reiterated his support for allowing public comment via email and said at this time he is not inclined to accept telephone calls due to the abuse by certain members of the public. He asked any residents listening to the meeting virtually to contact him if they would like to be able to call into the City Council meetings.
Mayor Pro Tem Pacheco asked City Attorney Abich Garcia whether emails and letters have been treated differently in the past. City Attorney Abich Garcia responded both emails and letters are treated as written correspondence.
Council Member Ashton questioned the reliability and difference between YouTube and Zoom and asked whether the City should continue using both platforms to livestream and record the City Council meeting. He expressed his desire to ensure the best option is available to the residents who want to access the City Council meetings virtually. City Manager Livas responded this has been a learning curve and the City has had to upgrade their equipment at a high expense to be able to provide public access to the meetings. He mentioned many cities have not been able to do the same because they do not have the resources. He added there are now two I.T. staff members dedicated to managing the technology at every City Council.
City Manager Livas asked Information Technology Manager Alvin Lam to address the questions regarding the reliability of the YouTube and Zoom platforms. Mr. Lam stated both platforms are reliable, depending on the internet connection. He explained the City has upgraded its internet and both platforms options are viable now that that the internet connection is more stable.
Council Member Alvarez inquired how she would participate in the City Council meetings if Zoom is no longer used and she were unable to attend the meetings in person due to her disability.
City Attorney Abich Garcia noted that the State is still under the Governor’s Executive Order, which relaxed the strict requirements involving teleconferencing under the Brown Act. She explained the Brown Act requirements in place pre-pandemic mandated a Council Member attending via teleconference from a remote location to post the Agenda at the remote location and make the location open and available to members of the public to participate. She stated the Executive Order relaxed those requirements and allowed Council Member Alvarez to participate remotely in the City Council meeting without having to post the agenda at her teleconferencing location and making the location available to members of the public. She noted the relaxed rules would expire on September 30, 2021, and, unless the Governor extends his Order, the City Council would return to the strict Brown Act requirements. She noted that when the Executive Order expires, Council Member Alvarez would be
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able to participate in the City Council meetings remotely as long as she follows the Brown Act requirements.
Council Member Trujillo asked whether the City Council would need to change the rules to allow any Council Member to participate via Zoom in the future. City Attorney Abich Garcia responded that the meeting rules follow Brown Act requirements. She stated there is pending legislation that would make it a requirement to allow Zoom and other virtual participation methods for Council Members or members of the public to participate virtually, however, until that legislation is approved or the Executive Order is extended, the pre-pandemic Brown Act requirements would begin on October 1, 2021.
Council Member Trujillo asked regarding the posting requirements if he were out of the country and wished to participate in the meeting via teleconference. City Attorney Abich Garcia clarified the Agenda must be posted 72 hours in advance and the meeting location must be accessible to the public.
She provided an example that if a Council Member were on a cruise ship, they could not participate in the meeting remotely since a ship is not accessible to members of the public.
Council Member Ashton asked if the written correspondence received from members of the public for City Council agenda items can be incorporated with the minutes, as is done for Public Hearing items. City Attorney Abich Garcia explained copies of written comments are provided to the City Council at the dais and copies are also placed in the back table in the Chambers for the public to view.
Council Member Ashton inquired if written comments could be posted online after the City Council meeting. City Attorney Abich Garcia said the written comments can be posted online so long as personal information is redacted.
City Attorney Abich Garcia asked the City Council for direction on reading written public comment for agenda and Non-Agenda items during the meeting. She clarified Non-Agenda comments and comments regarding Administrative Reports would be read during the public comment period of the City Council meeting. The Council Members agreed they would like written comments read at the meeting.
Council Member Trujillo agreed but asked for an amendment. He stated he would like it to be at the Mayor's discretion whether he or she would like written comments to be read individually into the record or group written comments and announce how many were received in support and how many were received in opposition of a specific agenda item and, receive and file.
Mayor Pro Tem Pacheco agreed and stressed the importance of receiving emails now and after the pandemic due to the current situation with the virus. She suggested the topic be revisited at a future meeting to allow Mayor Frometa to participate in the discussion.
City Manager Livas asked the City Council to clarify their direction to staff. He asked if the City Council wished to continue receiving, acknowledging and reading written correspondence during and beyond the pandemic at the City Council meetings and, at the Mayor’s discretion either read the written correspondence into the record or receive and file the written correspondence. The Council Members concurred.
City Attorney Abich Garcia requested to confirm that the City Council wished to publish any written correspondence received online with the appropriate redactions to personal information, as requested by Council Member Ashton. The Council Members concurred.
Mayor Pro Tem Pacheco restated Council’s direction to continue to accept written correspondence during and beyond the pandemic and, at the Mayor’s discretion read the written correspondence during the public comment period or acknowledge the written comments, receive and file and publish them on the City’s website.
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Council Member Alvarez added that she would like to continue with Zoom and YouTube.
Council Member Ashton asked staff whether there was a plan to discontinue use of Zoom or YouTube. City Manage Livas responded the two platforms would continue to be used.
Council Member Trujillo asked City Attorney Abich Garcia if the City Council needed to provide direction regarding the continued use of Zoom and YouTube. City Attorney Abich Garcia noted that the City has continued to use the YouTube platform since reopening to the public. She stated if the City Council wanted to continue utilizing the Zoom platform in the City Council Meetings, it should be part of their direction.
Mayor Pro Tem Pacheco commented her support for the YouTube platform alone and said it was up to her colleagues.
Council Member Ashton expressed his desire to allow the public to watch on Zoom without disrupting the City Council meeting.
City Manager Livas suggested YouTube is easier to use because people already have the app installed on their phones and, if they wish to view a recorded meeting, they could find it and view it in the archives.
Council Member Ashton expressed his preference to offer both platforms to members of the public. City Manager Livas asked Mr. Lam if both platforms could be used simultaneously. Mr. Lam answered yes.
Council Member Ashton requested to clarify whether residents could log in to view the meeting via Zoom and requested to make the option available to the public. Mr. Lam responded the City Council meetings were only being broadcasted via YouTube at the time and Council Member Alvarez was the only one participating via Zoom. He stated both platforms can be used simultaneously and the City Clerk would need to post the log in information for Zoom on the Agenda.
City Clerk Duarte clarified that members of the public would only log in via Zoom to view the City Council Meeting but the chat feature would be disabled and public comment would not be permitted via Zoom.
City Attorney Abich Garcia advised the City Council if they wished to extend the directives beyond the Emergency Order they could do so but it must be incorporated into the City’s meeting rules to make the changes permanent.
Council Member Ashton said he would like to have them incorporated in the future.
Council Member Trujillo requested to incorporate the changes now as the topic had already been discussed.
Council Member Trujillo made a motion, seconded by Council Member Ashton and approved 4- 0, with Mayor Frometa absent to change the City Council Meeting Rules to allow Zoom as an additional platform for viewing purposes only, continue using the YouTube platform, continue to accept written correspondence from members of the public and, at the Mayor’s discretion, decide whether to read written comments or receive and file and incorporate those written comments into the record.
City Attorney Abich Garcia stated the changes directed by the City Council would go into effect immediately, and she would return to the City Council with an Ordinance Amendment to change the meeting rules.
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STAFF MEMBER COMMENTS: None.
ADJOURNMENT
Mayor Frometa adjourned the Regular City Council Meeting at 10:46 p.m. in memory the victims of tragedy in Surfside, Florida; and, the lives lost due to COVID-19.
MARIA ALICIA DUARTE, CMC BLANCA PACHECO
City Clerk Mayor