MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JULY 12, 2022
The City Council of the City of Downey held a Regular City Council Meeting on July 12, 2022, at 6:35 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, Director of Parks & Recreation
Anil Gandhy, Director of Finance
Crystal Landavazo, Interim Community Development
Maria Rivas, Interim Assistant to the City Manager
Alicia Duarte, CMC, City Clerk
The Invocation was delivered by Reverend Tanya Lopez, Senior Pastor, Downey Memorial Christian Church. The Pledge of Allegiance was led by Jason Chacon, Director of Parks & Recreation.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Trujillo welcomed the audience to the City Council Meeting. He requested staff research the addition of a dog park on the South side of the City. He reported attending the Chamber of Commerce Installation event, the Stay Gallery Exhibit Opening, and an event with the Southern California Association of Governments. He directed staff to organize Downey Day at the Dodger Stadium for next season. He invited the public to attend the Summer Concerts at Furman Park. He reported touring the City with Interim City Manager Scott. He congratulated Ferias Legales on the Empower Hour event honoring Judge Rosa Fregoso. He announced renovations at Temple, Crawford, and Rio San Gabriel Parks. He reported attending a Downtown Downey meeting regarding the possibility of building an archway at the intersection of Firestone Blvd. and Downey Ave.
Council Member Frometa thanked the audience joining the meeting. She reported attending the Rancho Los Amigos Foundation Scholarship event and the Stay Gallery Exhibit Opening. She directed staff to draft an ordinance prohibiting overnight RV parking within the City, including residential neighborhoods. She requested that staff coordinate with Los Angeles Homeless Service Authority (LAHSA) and other agencies to clean up encampments along the riverbed and railroad tracks (Pico Vista Rd., Brookshire Ave., and Woodruff Ave.). She requested an update on the historic preservation ordinance and requested to increase efforts for the Bin It campaign. She asked staff to advertise the City Council Minutes
Regular Meeting — July 12, 2022
Solar Panel Improvement Project, $40 million approved for street rehabilitation and improvements, and new composting laws on the City's social media sites. She invited the public to attend the Summer Concerts at Furman Park and to participate in the Girls on Fire Summer Camp. She thanked the Fire Department for keeping the City safe on the Fourth of July and commented regarding illegal fireworks.
Council Member La Plante reported attending the Chamber of Commerce Installation event, the retirement event for Carol Rowland, the Clean Power Alliance Board Meeting, a tour of the City with Interim City Manager Scott, and the Ribbon Cutting Ceremonies at Temple and Crawford Parks.
Mayor Pro Tern Alvarez reported attending the Ribbon Cutting Ceremonies at Temple and Crawford Parks and commented regarding opportunities for additional green spaces in Downey. She shared that she was receiving reports of tenants facing evictions and harassment. She requested a presentation on the Downtown Downey Specific Plan.
Mayor Pacheco welcomed the public to the City Council meeting. She reported attending the Chamber of Commerce Installation event, the Citizens Academy Graduation, and the Ribbon Cutting Ceremonies at Temple and Crawford Parks. She congratulated Carmen Gonzalez, the new Chamber of Commerce President. She invited the public to attend the Rancho Los Amigos Sports Complex Ribbon Cutting Ceremony and announced that spaces were still available for the Girls on Fire Summer Camp.
Council Member Frometa acknowledged members of her family in attendance.
Council Member Trujillo reported that he was unable to attend Sam Sarofeem's Eagle Scout Ceremony but wished to recognize the Youth Commissioner's achievements.
PRESENTATIONS
Mayor Pacheco presented a Proclamation in honor of "Parks Make Life Better" Month to Parks and Recreation Director Chacon.
2. Mayor Pacheco presented Certificates of Recognition to the Artists of the "Ofrendas" Art Exhibit.
PUBLIC HEARING
1. FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP GRANTS FY 2022-23 ANNUAL ACTION PLAN: Community Development. 1) APPROVED THE PROPOSED FY 2022-23 ANNUAL ACTION PLAN; 2) AUTHORIZED THE CITY MANAGER TO SUBMIT THE DOCUMENT AND THE REQUIRED CERTIFICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND,
3) AUTHORIZED THE CITY MANAGER, OR HIS DESIGNEE, TO MODIFY AND EXECUTE
ANY AND ALL APPROPRIATE INSTRUMENTS, AGREEMENTS, CONTRACTS, AND
IMPLEMENTING DOCUMENTS RELATED TO THE IMPLEMENTATION AND ADMINISTRATION OF THE PROPOSED FY 2022-23 ANNUAL ACTION PLAN,
COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT
PARTNERSHIP GRANT PROGRAM, INCLUDING SUBRECIPIENT GRANT CONTRACTS AND AGREEMENTS, BASED ON THE U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S APPROPRIATION TO THE CITY.
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City Clerk Duarte clarified that the item submitted for the City Council's approval is the proposed FY 2022-23 Annual Action Plan.
Mayor Pacheco opened the Public Hearing at 7:12 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.
Economic Development and Housing Manager Jessica Flores presented the staff report. She noted that she made a presentation before the City Council in January during a Public Hearing, which started the Annual Action Plan process. She provided the Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) Program Grant funding amounts and identified the changes from the previous fiscal year. She provided the allocation of the grant funds for FY 2022-23 and stated that three community meetings were held via Zoom and all were announced through local newspapers, the City's website, social media, Facebook groups, the Nextdoor app, and the Community Development Department's email distribution list. She noted the lack of attendees at each community meeting.
Council Member Frometa asked about attendance at previous meetings and how the community meetings were announced. Ms. Flores responded that approximately five people attended in person. She stated that announcements were published in local newspapers, the City's website, social media, Facebook groups, the Nextdoor app, the Community Development Department's email distribution list.
She added that the email distribution list includes more than 500 individuals. She concluded that this public hearing would be the last hearing required, allowing Community Development staff to submit the Action Plan to the U.S. Department of Housing and Urban Development (HUD) for approval.
Council Member Frometa asked how many households the Housing Rehabilitation Program can assist annually, the qualifications for the program, and how many households are on the waitlist. Ms.
Flores responded the goal is to assist 20 households every fiscal year. She stated that there are currently 25 active rehabilitation projects, with 150 households on the waitlist. She detailed the HUD requirements, which include household income levels depending on the household size and single-family owner - occupied homes.
Council Member Frometa questioned the decrease in funding for the Housing Rehabilitation Program. Ms. Flores explained the decreased amount is due to program incomes and rollover funds from the previous year.
Council Member Trujillo questioned the funding allocation to the Code Enforcement Division. Ms.
Flores responded the funding is for staff time when servicing CDBG areas. Council Member Trujillo asked whether Code Enforcement was part of the CDBG budget for the past decade. Ms. Flores confirmed Code Enforcement has been budgeted for more than a decade.
Council Member Frometa asked about channeling additional funds to address the properties on the waitlist. Interim City Manager Scott questioned the targeted goal of 20 households using the allocated Housing Rehabilitation funds. Ms. Flores responded the funding allows for potentially 40 or more households to be assisted with sufficient staffing. Interim City Manager Scott said staff would research providing additional resources to ensure the funding utilization is maximized.
Mayor Pacheco, at 7:23 p.m., opened this item for public comment. Mayor Pacheco asked City Clerk Duarte if there were any written comments received regarding the Public Hearing item. City Clerk Duarte confirmed one written comment was received.
Wayne Spindler, non-resident, commented regarding desired businesses in the development plan and campaign contributions from developers.
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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 importance of helping residents, inflation, insufficient funding amounts, and transparency.
BC, resident, commented regarding the role of local government, inefficient use of funds, and the inefficiency of social media.
Mike Greenspan, non-resident, commented regarding raising of taxes, inefficacy, and diverting funds from other programs and projects toward housing.
Lee Squire, resident, questioned how many rehabilitated homes belonged to senior citizens as opposed to low-income families and the purpose of the Section 108 loans.
Rodolfo Cortes Barragan, non-resident, commented regarding the decrease in grant funding, programs to assist students and nurses, wasteful spending, and corruption.
Having no one else, Mayor Pacheco closed the Public Hearing at 7:39 p.m.
It was moved by Council Member Frometa, seconded by Council Member Trujillo, and carried 5- 0 to approve the proposed FY 2022-23 Annual Action Plan; authorize the City Manager to submit the document and the required Certification to the U.S. Department of Housing and Urban Development; and, authorize the City Manager, or his designee, to modify and execute any and all appropriate instruments, agreements, contracts, and implementing documents related to the implementation and administration of the proposed FY 2022-2023 Annual Action Plan, Community Development Block Grant and Home Investment Partnership Grant Program, including Subrecipient Grant contracts and agreements, based on the U.S. Department of Housing and Urban Development's appropriation to the City.
PUBLIC COMMENT
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 nine written comments were received.
Jill Boyd, resident, commented in opposition to the waiver of fees and in favor of regulation of street vendors
Adena Tessier, Hospital Association of Southern California, urged the City Council to refer the initiative measure to voters and order an economic analysis prior to taking any action.
George Manzanilla, resident, commented in favor of regulation of street vendors, designated areas for street vending, and requirements that street vending occur a specified distance from commercial areas and not in residential neighborhoods
Ivon Garcia, resident, commented regarding the effect of the pandemic on healthcare workers, inflation, and the high cost of living, and urged the City Council to pass the initiative measure as an ordinance.
Santiago Garcia, resident, commented regarding the effect of the pandemic on healthcare workers, inflation, and the high cost of living, and urged the City Council to pass the initiative measure as an ordinance.
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Jesus Raya resident, commented regarding the effect of the pandemic on healthcare workers and urged the City Council to pass the initiative measure as an ordinance.
Edin Enamorado commented in favor of waiving fees for first-time street vending applicants, the challenges faced by street vendors, health and safety, and benefits of street vending.
Fatima Baqi commented regarding the importance of street vendors, in favor of Senate Bill 972, street vendor protections, and in opposition to criminalization of street vending.
Wayne Spindler, non-resident, commented regarding written public comment practices and Mayor Pacheco.
James R. West, PIH Health, urged the City Council to order an economic analysis to determine the impact of the proposed health care worker's minimum wage measure.
It was moved by Council Member Frometa, seconded by Mayor Pro Tern Alvarez, and carried 5- 0 to receive and file written public comment.
Mayor Pacheco asked if there was anyone present who would like to comment regarding Agenda, Consent Calendar and Non -Agenda items.
Elizabeth Tracy, resident, commented in support of healthcare workers and her experience working during the pandemic.
Armando Herman, non-resident, commented regarding developers, Mayor Pacheco, corruption, and First Amendment rights.
Don Miller, resident, requested an ordinance regulating drones and a foul odor emanating from the San Gabriel River flood control channel.
Lee Squire, resident, commented regarding Disability Rights Month and requested a proclamation in honor of Disability Rights Month and a certificate for CurtisCARE.
Speaker, no name provided, commented in opposition to the waiver of fees for street vendors and in favor of the effort to recall Mayor Pro Tern Alvarez.
Naresh, non-resident, commented in opposition to the Transient Occupancy Tax.
Speaker, no name provided, commented regarding Item No. 7 and requested a more gradual increase in the Transient Occupancy Tax.
Adina Tessler, HASC, commented regarding Item No. 8 and asked the Council to bring the ballot measure before the voters and order an impact report.
Debora Legan, PIH Health, commented regarding Item No. 8 and requested that City Council order an impact report.
Denise, L.A. County Business Federation, commented regarding Item No. 8 and requested the Council bring the ballot measure before the voters and order an impact report.
BC, resident, commented regarding the role of the City, the recall of L.A. District Attorney Gascon and the recall of Mayor Pro Tern Alvarez, and Mayor Pacheco.
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Mike Greenspan, non-resident, commented regarding Roe v. Wade and abortion.
Speaker, no name provided, commented in support of Item Nos. 8 and 9, street vendor protections, and Senate Bill 972.
Gabe Montoya commented regarding Item No. 8 and the impact on the healthcare workers.
Tara, Kaiser employee, commented regarding fair compensation for healthcare workers and asked the Council to consider supporting the minimum wage increase.
Eva Amador, resident, commented regarding Item No. 8, incentivizing healthcare workers in the City, inflation, and urged the Council to pass the initiative as an ordinance.
Mary Anne De La Paz, Kaiser employee, commented regarding Item No. 8 and asked Council to consider supporting the minimum wage increase.
Israel Batiste Amador, resident, commented regarding Item No. 8, staff turnover, worker fatigue, and asked Council to consider supporting the minimum wage increase.
Arnetta Thomas, Kaiser employee, commented regarding Item No. 8 and urged Council to pass the initiative as an ordinance.
Rodolfo Cortes Barragan, non-resident, commented in support of Item No. 8, rent control, and hazard pay.
Juan Martinez, resident, commented regarding the time limit for public comment, the City Council, the Kessner Lawsuit, the Landscape and Lighting Assessment District, the healthcare worker's minimum wage, and the law firm of Best Best & Krieger.
Marisa Montanez, Kaiser employee, commented regarding staff shortages, worker fatigue, and asked the Council to consider supporting the minimum wage increase.
Andrew Calisans, Kaiser employee, commented regarding staff shortages, worker fatigue, and asked Council to consider supporting the minimum wage increase.
Dylan Korza, Kaiser employee, asked Council to consider supporting the minimum wage increase.
James Bell commented regarding risks for healthcare workers and their families, low wages, patient care, and asked Council to consider supporting the minimum wage increase.
Omar Guerra, resident, commented in support of passing the healthcare worker's minimum wage increase as an ordinance and regarding improving quality of life and turnover rates.
Sherry Stowell Jackson, Kaiser employee, commented in support of wage increases and livable wages and asked Council to consider supporting the minimum wage increase.
Janice Williams, Kaiser employee, commented regarding Item No. 8 and asked Council to consider supporting the minimum wage increase.
Rocio Chacon, Kaiser employee, commented regarding Item No. 8 and asked Council to consider supporting the minimum wage increase.
Having no one else, Mayor Pacheco closed public comment.
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CONSENT CALENDAR
Council Member Frometa abstained from Item No. 1, Regular Meeting Minutes of May 10, 2022.
It was moved by Council Member Frometa, seconded by Council Member Trujillo and carried 5- 0, to approve the Consent Calendar.
2. APPROVED MINUTES: Regular Meeting of May 10, 2022: City Clerk.
3. WARRANTS ISSUED: Warrant Nos. 360551—360882; Payroll Wire Numbers 30004238, 30004241, 30004245 & 30004247 — 30004249; EFT Nos. 11595 — 11632; Manual Wire Nos. 2254 — 2256, in the total amount of $5,036,374.20: Finance.
4. REJECTED BID BY CEM CONSTRUCTION CORP. IN THE AMOUNT OF $284,648 AS NON - RESPONSIBLE; AWARDED CONTRACT TO WILLIAMS PIPELINE CONTRACTORS, INC. IN THE AMOUNT OF $361,750 FOR THE CONSTRUCTION OF COLE ST. WATER SYSTEM IMPROVEMENTS; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO
EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK FOR THIS PROJECT
DEEMED NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 21-14): Public Works.
5. APPROVED PURCHASE OF REAL PROPERTY AND ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENT FOR PROPERTY LOCATED AT 9020 IMPERIAL HWY: Public Works.
1) ADOPTED RESOLUTION NO. 22-8089, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE PURCHASE OF REAL PROPERTY AND THE
ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT BETWEEN FRESH ANOINTING CHURCH OF GOD IN CHRIST, INC., A CALIFORNIA NON-PROFIT CORPORATION AND THE CITY OF DOWNEY FOR PROPERTY LOCATED AT 9020 IMPERIAL HIGHWAY;
2) AUTHORIZED THE MAYOR TO EXECUTE THE PURCHASE AGREEMENT; AND, 3) AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY FOR THE PROJECT.
6. APPOINTMENT TO THE BOARD OF BUILDING APPEALS, DISTRICT 5: Council Member Trujillo.
ADOPTED RESOLUTION NO. 22-8090, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE APPOINTMENT OF MAX MARTINEZ TO THE BOARD OF BUILDING APPEALS FOR COUNCIL DISTRICT 5
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RECESS/RECONVENE
Mayor Pacheco recessed the City Council meeting at 8:43 p.m. Mayor Pacheco reconvened the City Council meeting at 8:54 p.m. with all Council Members present.
ADMINISTRATIVE REPORTS
8. QUALIFICATION OF INITIATIVE MEASURE PROPOSING TO AMEND DOWNEY'S MUNICIPAL CODE SETTING A MINIMUM WAGE OF TWENTY-FIVE ($25.00) PER HOUR FOR QUALIFYING HEALTHCARE WORKERS WORKING IN THE CITY OF DOWNEY: City Clerk.
Mayor Pacheco took this item out of order.
1) RECEIVED, FILED, AND ACCEPTED THE CERTIFICATE OF SUFFICIENCY OF PETITION SIGNATURES AS VALID IN ALL RESPECTS; AND,
2) ADOPTED ORDINANCE NO. 22-1485, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, ADDING CHAPTER 13 TO ARTICLE VI OF THE
DOWNEY MUNICIPAL CODE AS AN INITIATIVE ORDINANCE TO ESTABLISH A MINIMUM WAGE OF $25.00 PER HOUR FOR QUALIFYING HEALTHCARE WORKERS IN
THE CITY OF DOWNEY, PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 9215(a);
Council Member Frometa thanked the healthcare workers in the audience and commented regarding the role of the City Council in establishing policy.
Council Member Frometa recused herself due to her employment with an affected integrated health system and left the dais at 8:56 pm.
City Clerk Duarte presented the staff report for Item No. 8. She provided the background on the item, legal requirements, and the process of qualifying the Initiative Measure proposing to amend the City's Municipal Code to set a minimum wage of $25 per hour for qualifying healthcare workers. She advised the Council regarding acceptance of the Certificate of Sufficiency of the Initiative Petition. She detailed the options before the City Council: 1) adopting the Measure as an ordinance, without alteration, 2) submitting the measure to the voters without alteration at the General Municipal Election scheduled for November 8, 2022, or 3) ordering an impact return to be returned within 30 days and subsequently choosing whether to adopt the ordinance or order an election.
Mayor Pacheco questioned the status of the impact report requested by Council Member Trujillo on June 14. Council Member Trujillo responded that he was informed by staff that the City reached out to consultants and was notified there was not enough time to complete an impact report in the required timeframe.
Interim City Manager Scott confirmed Council Member's Trujillo's statement and commented regarding the process to hire a consultant and the limitations of the 30-day time frame in which to complete the report. He reported that the Los Angeles County Economic Development Corporation (LAEDC) offered to complete a high-level informative report on the impact of a ballot measure of this type and commented regarding the limitations of the report due to the need to collect and confirm information from private employers. He stated that staff would perform the economic analysis to the best of their ability if so requested by the City Council.
Council Member Trujillo asked about the deadline for the City Council to make a decision. City Clerk Duarte responded the deadline is 10 days from the date the certificate of sufficiency is presented to Council City Council Minutes
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to adopt the measure as an ordinance or submit the measure to the voters. She stated that the resolution was prepared if the City Council chose to adopt the resolution to submit the measure to the voters and noted the deadline to transmit the resolution to the Registrar-Recorder/County Clerk is August 12 and the next City Council meeting would take place on August 9.
Council Member Trujillo asked, if the City Council were to order an impact report, when would it need to be presented to the City Council. City Clerk Duarte responded that it would need to be presented at the August 9 City Council meeting. Interim City Manager Scott clarified this would be the deadline to place the measure on the November 8 Election Ballot and commented regarding the option of holding a special election and potential costs to be incurred.
Council Member Trujillo commented regarding the quality of the impact report given the short time frame. Interim City Manager Scott responded that staff would do their best to prepare a detailed report but anticipated that the report would be limited due to the challenges. Council Member Trujillo questioned the cost of the impact report. Interim City Manager Scott responded that there would be minimal additional cost as staff would likely perform the analysis.
Mayor Pacheco asked regarding the direction taken by other cities. Interim City Manager Scott reported that the petition initiative in the City of Baldwin Park did not obtain a sufficient number of signatures, the City of Los Angeles adopted the measure as an ordinance, the City of Long Beach requested an impact report from LAEDC, the cities of Culver City and Duarte have not taken action, and the cities of Inglewood and Monterey Park had opted to order an impact report prepared by staff.
Mayor Pacheco inquired about the last day to adopt the measure as an ordinance. Election Attorney Priest of Best Best & Krieger reviewed the options the Council has: 1) adopt the measure as an ordinance at the City Council meeting or at a Special City Council meeting within 10 days; 2) adopt the resolution to place the measure on the November 8, 2022 Election Ballot; or, 3) order an impact report, which would extend the process until the August 9 City Council meeting where the City Council would decide whether to adopt the measure as an ordinance or adopt the resolution to place the measure on the ballot. He advised that, if the City Council would like additional time to consider the measure and its impact, the City Council should proceed with ordering the impact report.
Council Member La Plante asked about the difference between an initiative ordinance and an ordinance. Mr. Priest responded that an initiative ordinance can be proposed directly by the people, and if qualified, mandates that the City Council proceed with the options as discussed, whereas, a standard ordinance is considered and adopted at the discretion of the City Council.
Council Member La Plante asked whether an initiative ordinance carries more legal weight than a standard ordinance. Mr. Priest responded that an initiative ordinance does, as Elections Code Section 9217 states that if the initiative ordinance is adopted without alteration by the City Council or approved by the voters, the ordinance cannot be altered or amended without again going to the voters. He noted that, while the ordinance allows the City Council some discretion to establish administrative processes for investigation and enforcement, if the City Council wishes to amend the substantive terms of the ordinance, it would require a vote of the people. He stated that this differs from a standard ordinance, which may be altered by a future City Council. He reiterated that if the City Council chose to adopt the initiative ordinance without amendment or to adopt the resolution to place the measure on the ballot, the ordinance would be locked from alteration or amendment until it returns to the voters.
Council Member La Plante clarified whether the ordinance would be locked in if adopted by the City Council. Mr. Priest confirmed that, for both options before the City Council, the ordinance would be locked in. Council Member Trujillo requested to clarify the options before the City Council and when the ordinance would become effective. Interim City Attorney Langer responded the language of the ordinance stated it would go into effect as early as allowed by law. Mr. Priest responded that the Elections Code indicates that City Council Minutes
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the ordinance would go into effect within 10 days from adoption if adopted by the Council and the ordinance would likely go into effect in December if approved by the voters in the November 8 election.
Council Member Trujillo thanked Kaiser Hospital and PIH. He shared that he met with representatives from both hospitals and was informed that the ordinance would not hurt those organizations. He affirmed receipt of input from healthcare workers and acknowledged the risks faced in their profession. He mentioned that concerns were raised regarding the impact on smaller clinics, possibly deterring new health facilities from entering the City, and the repercussions of the City's involvement in labor issues. He commented regarding recognizing healthcare workers and in favor of adopting the initiative measure as an ordinance without alteration.
Interim City Attorney Langer advised that the City Council must direct staff regarding the Certificate of Sufficiency of petition signatures and asked the Council to add this item to the motion.
Council Member La Plante referenced the public comment submitted by the Hospital Association and expressed concern regarding the reframing of the matter as an issue of unequal pay. He mentioned that he was a union member and union officer and commented in favor of passing the measure as an ordinance.
Mayor Pacheco questioned the scope of the impact reports ordered by other cities. Interim City Manager Scott responded regarding the limited scope of the impact reports in the time frame provided to perform the analysis.
It was moved by Council Member Trujillo, seconded by Mayor Pro Tern Alvarez and carried 4-0-1, with Council Member Frometa abstaining, to receive, file, and accept the Certificate of Sufficiency of etition signatures as valid in all respects and adopt Ordinance No. 22-1485, an Ordinance of the City Council of the City of Downey, California, adding Chapter 13 to Article VI of the Downey Municipal Code as an Initiative Ordinance to Establish a Minimum Wage of $25.00 per Hour for Qualifying Healthcare Workers in the City of Downey, pursuant to California Elections Code Section 9215(a).
RECESS/RECONVENE
Mayor Pacheco recessed the City Council meeting at 9:22 p.m. Mayor Pacheco reconvened the City Council meeting at 9:25 p.m. with all Council Members present.
7. ADOPTION OF A RESOLUTION TO PLACE ON THE NOVEMBER 8, 2022 BALLOT A MEASURE INCREASING THE MAXIMUM TRANSIENT OCCUPANCY TAX RATE FROM 9% TO 13% AND
MAKING CERTAIN AMENDMENTS TO ADDRESS ONLINE TRAVEL COMPANY AND OTHER THIRD -PARTY BOOKINGS: Administration.
ADOPTED RESOLUTION NO. 22-8091, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY, CALIFORNIA CALLING FOR THE PLACEMENT OF A GENERAL TAX MEASURE ON THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION BALLOT FOR
THE SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE
AMENDING THE CITY'S TRANSIENT OCCUPANCY (ROOM) TAX CODE BY INCREASING THE MAXIMUM RATE FROM 9% TO 13%, ADDRESSING ONLINE TRAVEL COMPANY AND OTHER THIRD PARTY BOOKINGS AND MAKING OTHER CONFORMING CHANGES;
REQUESTING THE COUNTY OF LOS ANGELES TO CONSOLIDATE SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION OF EVEN DATE; AND SETTING RULES AND
DEADLINES FOR ARGUMENTS AND REBUTTALS FOR AND AGAINST THE MEASURES Interim Assistant City Manager De Rojas presented the staff report. She provided the background on the Transient Occupancy Tax (TOT), legal provisions, and how the tax is assessed. She provided a history of the tax and noted that the tax rate was last increased in 1998. She reported the anticipated revenues if City Council Minutes
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the tax were increased from 9% to 13%. She stated that the amendment would address short-term rental such as Airbnb, which are not currently allowed, and would ensure the TOT would be collected if the Municipal Code were amended.
Council Member La Plante requested to review the history of the Transient Occupancy Tax rate.
Interim Assistant City Manager De Rojas responded that the TOT was first adopted in 1965 through Ordinance No. 255 and last amended in 1988 through Ordinance No. 1057, when it was set at 9%. Council Member La Plante asked what the TOT rate was set at when first adopted in 1965. Interim Assistant City Manager De Rojas responded that she would research this information for the Council.
Council Member La Plante requested to confirm that the ordinance was first adopted by the Council, amended to 9% by voter approval in 1998, and now requires voter approval to increase the tax rate to 13%.
Interim Assistant City Manager De Rojas confirmed that he was correct.
Council Member Frometa questioned the increase to the proposed tax rate of 13%. Interim Assistant City Manager De Rojas responded that staff surveyed other cities and determined that 13% is the average rate.
Council Member Frometa reiterated that the TOT is a tax on visitors staying at local hotels and would not tax residents. She questioned the amount collected for a hotel stay at a rate of $150/night. Interim Assistant City Manager De Rojas responded the tax would be approximately $6.
Council Member La Plante asked Interim City Manager Scott regarding the tax rate in Beverly Hills.
Interim City Manager Scott responded that the TOT is taxed at 12% in Beverly Hills.
It was moved by Council Member Frometa, seconded by Mayor Pro Tern Alvarez and carried 5-0, to adopt Resolution No. 22-8091, a Resolution of the City Council of the City of Downey, California Calling for the Placement of a General Tax Measure on the November 8, 2022 General Municipal Election Ballot for the Submission to the Qualified Voters of a Proposed Ordinance Amending the City's Transient Occupancy (Room) Tax Code by Increasing the Maximum Rate from 9% to 13%, Addressing Online Travel Company and Other Third Party Bookings and Making Other Conforming Changes; Requesting the County of Los Angeles to Consolidate Said Election with the Statewide General Election of Even Date; and Setting Rules and Deadlines for Arguments and Rebuttals For and Against the Measures.
9. PROVIDED STAFF DIRECTION ON THE CITY'S SIDEWALK VENDING PROGRAM: Public Works.
Director of Public Works Delfino Consunji presented the staff report. He provided the history and background of Ordinance No. 19-1415 addressing sidewalk vending and provided an overview of the process and fees for the sidewalk vending program. He stated that one sidewalk vendor has applied for and received a permit since the Ordinance was adopted. He shared that enforcement efforts have focused on ceasing illegal activities and educating vendors on the approval process.
Interim City Manager Mark Scott clarified the process and fees associated with the street vendor permit application, including the Public Works application and encroachment fee, the business license, fingerprinting, the Los Angeles County Department of Public Health Permit, and liability insurance. He commented regarding the oversight issues generating costs in addition to the application fee.
Council Member La Plante questioned whether the L.A. County Department of Public Health permit is required for the sale of non-food items. Director Consunji responded that the L.A. County Department of Public Health is required when the vendor is selling food and a different permit may be required for the sale of merchandise.
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Mayor Pro Tern Alvarez questioned the list of fees for street vendors. Interim City Manager Scott clarified an error in the document provided to the City Council. Chief Murray stated that the information provided regarding background check fee applied to food trucks, not street vending.
Council Member Frometa questioned the cost of Live Scan fingerprinting for street vendors. Chief Murray responded that she is unable to provide the amount as the Live Scan fingerprinting is not handled by the Police Department. Director of Community Development Landavazo replied that the Live Scan fingerprinting is handled by a third -party vendor and the fee is approximately $80.
Mayor Pacheco asked whether the Live Scan fingerprinting is conducted on an annual basis. Director of Community Development Landavazo confirmed that the Live Scan is renewed on an annual basis.
Mayor Pacheco requested to confirm the fees to be paid by street vending applicants. Director of Community Development Landavazo responded with a breakdown of the costs associated with the street vending permit application: the initial Public Works fee of $63 or $64; the business license fee of approximately $137; the third -party live scan fee of approximately $80; and the cost of insurance, which is estimated to be $300-400 annually.
Mayor Pacheco requested to confirm the number of street vending applications submitted. Director Consunji responded that, while staff had received inquiries, one permit had been issued in March 2022.
Council Member Frometa asked about the number of street vending applications prior to 2022.
Director Consunji responded that one permit had been issued since the Ordinance was adopted in 2019.
Council Member La Plante requested clarification on which fees the City Could would waive in relation to street vending applications. Interim City Manager Scott responded staff could return to the City Council with a report to identify where to help and simplify the process and how to enforce the ordinance in a way that ensures the process is equitable.
Council Member Trujillo expressed concerns regarding the locations where street vendors are setting up. He suggested allocating $1,000 total for 10 vendors and noted the challenges with the strict street vending application process due to safety concerns dealing with food. He emphasized the need to educate vendors and set up a workshop for vendors to understand the process.
Mayor Pro Tern Alvarez commented regarding the need to assist existing unpermitted vendors come into compliance.
Council Member Trujillo commented regarding reaching out to street vendors to ensure that they follow proper practices without being punitive.
Mayor Pacheco concurred with Council Member La Plante's suggestion to request a report regarding the fees associated with the street vending application process.
Council Member Frometa commented regarding balancing support of small businesses and setting parameters for health and safety. She noted the issue of vendors setting up shop in front of brick and mortar businesses. She commented in favor of designating specific areas or specific events where vendors may set up. She noted that she saw vendors in other cities with L.A. County Department of Public Health permits.
She emphasized the need for a process and a background check for vendors setting up outside of schools to protect the health and safety of residents as well as the prosperity of local businesses.
Council Member La Plante commented regarding the types of vendors in the City and emphasized the importance of knowing what vendors exist in the City and what direction the City would like to proceed with street vending.
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Council Member Frometa commented in support of understanding the applicable fees for street vendors.
Interim City Manager Scott requested to scope out what the study would include and return to the City Council for approval.
It was moved by Council Member Frometa, seconded by Mayor Pro Tern Alvarez and carried 5- 0, to conduct a study delineating the fees specifically for street vendors.
10. DISCUSSED CREATING A DOWNEY SISTER CITIES COMMISSION: Council Member Trujillo.
Mayor Pacheco announced this item was requested by Council Member Trujillo.
Council Member Trujillo provided the background of the Sister Cities Association and commented regarding the challenges the Association faced. He shared that he spoke to Council Members in other cities and was informed that the Sister Cities Association is a city commission with the city being more involved.
Council Member Frometa questioned the pros and cons of creating a Downey Sister Cities Commission. She shared that the City Council previously considered the idea. She asked which other cities have a Sister Cities Commission. She stated that it would be a shame to lose the Sister Cities program and commented regarding the impact that Covid-19 had on the Association's membership. She requested staff's recommendation.
Interim City Manager Scott responded that every city he has worked for has had a Sister Cities program. He stated that the City can take steps to revitalize the program and commented regarding the importance of supporting the program. He expressed his concern regarding the creation of a Downey Sister Cities Commission due to the issue of possible Brown Act violations if meetings are not properly noticed. He suggested that he meet with the Sister Cities Association leadership to discuss ways to strengthen the program.
Council Member Trujillo responded that he, along with former City Manager Livas, and Interim Assistant to the City Manager Rivas met with Sister Cities Association leadership and that the City has been promoting Sisters Cities Association meetings on its social media platforms. He commented in support of exploring other options such as forming a City Council subcommittee and returning with a report to the Council. Interim City Manager Scott responded that an ad hoc committee would not be subject to the Brown Act and confirmed that he would meet with the Sister Cities Association leadership to discuss the matter.
Council Member La Plante expressed his concern with the conduct of the audience should the City Council create a Downey Sister Cities Commission.
Interim City Attorney Langer clarified that Council's direction was for the Interim City Manager to hold a meeting, gather information, and bring the item to a future City Council Meeting.
CITY MANAGER/STAFF MEMBER COMMENTS:
1) POLICE CHIEF RESPONSE TO CITY COUNCIL QUESTIONS REGARDING ENFORCEMENT ACTIVITY (ILLEGAL FIREWORKS, GANG STATUS, STREET RACING/TAKEOVERS).
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Interim City Manager Scott commented regarding recent enforcement activity involving illegal fireworks, gang activity, and street racing and street takeovers. He referred to Chief Murray to present her report.
Chief Murray commented regarding questions from the Council and members of the public regarding enforcement activity. She reported an overall reduction of citations for illegal fireworks and a decrease in the number of calls for service in relation to illegal fireworks. She noted citations for illegal fireworks may be difficult to issue as they require that visual observation of the fireworks being lit. She provided the range for citation fees for illegal fireworks. She also reported six fireworks -related fires, limited to trash can fires and shrubbery fires rather than structure fires, on the night of July 4. She noted some structure fires occurred in the days preceding the 4th of July. She shared that the Police Department and Fire Department collaborated to notify residents that illegal fireworks are not allowed in Downey, also working with Public Works to install signs and Administration to post on social media. She stated that these efforts have led to a decrease in the number of calls received related to illegal fireworks.
Council Member La Plante questioned whether the decrease in calls was due to a decrease in reporting rather than a decrease in the number of incidents. Chief Murray responded that she spoke to staff on duty on July 4 and was informed the fireworks did appear to be quieter than in previous years.
She acknowledged that there may have been other factors such as the holiday occurring on a Monday or residents who opted not to call in. She shared that illegal fireworks are a public safety issue as they create a fire hazard. She reported that they may result in residential fires and that a fire had occurred at an elderly care facility in a previous year. She reiterated staff's efforts to educate the public on the dangers and taking enforcement action where appropriate.
Interim City Manager Scott commented regarding the decreased number of citations and noted the difficulty of citing offences as the Officer must see the fireworks being lit. He noted that some cities have given up on enforcement due to the volume and difficulty and expressed his pleasure to see that Downey has not given up enforcing illegal fireworks violations.
Mayor Pacheco commented regarding her experience with illegal fireworks and noted a decrease since the previous year.
Chief Murray provided an update on gang activity in the City of Downey. She stated that the community, the City Council, the School District, and the Police Department collaborate to send a clear message that gang crime is not tolerable in Downey. She attributed this as the reason Downey experiences a lower level of gang crime and activity. She shared that Downey does not experience the gang -on -gang type of crime or territorial disputes seen in surrounding cities. She said that the Police Department has a proactive Gang Unit that gathers intelligence on gang members in the city and had performed probation searches in the past as part of Assembly Bill 109 efforts. She shared that the Police Department works closely with the School District and holds monthly meetings attended by Gang Investigators. She stated that staff works to identify gang activity at an early stage and partners with Gangs Out of Downey to provide resources to at -risk youth. She credited the Police Department's partnerships as well as its zero -tolerance approach to crime associated with gang activity for low rates of gang activity in the City. She stated that the presence of gang graffiti is an indicator of gang activity and reported only six cases of gang graffiti in 30 reported cases of graffiti. She complimented the Public Works Department's active approach in removing graffiti as soon as it is sighted. She stated the City is committed to minimizing the amount of gang crime in Downey.
Council Member Trujillo commended the Police Department on the low graffiti numbers and the proactive use of resources to prevent gang activity. He thanked the Police and Public Works Departments for their efforts
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Chief Murray commented regarding the street racing and takeovers occurring in the region. She noted that Downey has not experienced takeovers at the same level as in surrounding cities. She stated that street racing had occurred at malls such as Downey Landing, Promenade at Downey, and the Stonewood Center. She commented regarding the importance of the matter, the injuries resulting from the street racing, and efforts taken by the Police Department to address the issue. She stated that enforcement teams are deployed on weekends when the highest number of incidents occur. She added that the enforcement teams receive specialized training by the California Highway Patrol (CHP). She added that the training includes information on Vehicle Code citations such as modifications to vehicles used in street racing or takeovers. She shared that the enforcement teams take a zero -tolerance approach in issuing citations and impounding vehicles, which serves as a financial deterrent. The Police Departments works closely with CHP to monitor groups known to engage in street racing and takeovers and prevent them from coming to Downey.
Interim City Manager Scott asked about the ordinance being drafted by staff to address the issue.
Chief Murray confirmed the Police Department is working with City Prosecutor Jim Eckart to draft an ordinance that would assist in enforcement and includes factors that drive participation such as spectators. She added that the Office of Traffic Safety has approved grant funding, which will support larger scale enforcement operations. She listed upcoming enforcement operations.
Council Member Frometa asked whether parking lot takeovers are included in the draft ordinance.
She emphasized the importance of enforcement of the ordinance, including impounding vehicles and fining spectators. Chef Murray confirmed that the ordinance would be inclusive and utilize tools that other cities have found to be successful. She noted that street racing and takeovers have escalated to other crimes such as shootings and stated that staff is taking a comprehensive look at the growing problem and would present an extensive ordinance to the City Council.
Council Member Frometa questioned the timeline for the draft ordinance. Chief Murray responded Mr. Eckart would be providing a draft to staff for review soon.
Council Member Trujillo commented regarding street racing and takeovers taking place at Downtown parking lots. Chief Murray responded that the Downtown enforcement teams go to all known locations and proactively check areas of activity. She commented regarding the damage to parking lots.
She noted that the enforcement teams proactively go to locations and respond to calls from the public.
Mayor Pacheco thanked the Downey Police Officers and Downey Fire Fighters for their work.
ADJOURNMENT
Mayor Pacheco adjourned the Regular City Council Meeting at 10:24 p.m. in memory of Frank Tripepi, longtime public leader; victims of the mass shooting in Highland Park, Illinois; victims of the Ukraine crisis; and, the lives lost due to COVID-19.
MARIA ALICIA DUARTE, CMC BLANCA PACHECO
City Clerk Mayor
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