MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
AUGUST 23, 2022
The City Council of the City of Downey held a Regular City Council Meeting on August 23, 2022, at 6:33 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, with 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 Dir
Maria Rivas, Interim Assistant to the City Manager
Alicia Duarte, CMC, City Clerk
The Invocation was delivered by Council Member Frometa. The Pledge of Allegiance was led by Michael Calvert, Executive Director, Downey Chamber of Commerce.
PRESENTATIONS
Mayor Pacheco presented a Certificate of Recognition to Downey Resident Jose Guzman on the occasion of his 1 00th Birthday
RECESS/RECONVENE
Mayor Pacheco recessed the City Council meeting at 6:41 p.m. Mayor Pacheco reconvened the City Council meeting at 6:43 p.m. with all Council Members present.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member La Plante reported attending the Rocket Fever event and the Downey Pride Family Picnic. He suggested moving the City Manager/Staff Comments to the beginning of the meeting and managing the time for Council Member announcements. He commented regarding the time allocated for public comment and the need to refocus the City Council meeting on public business.
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Regular Meeting — August 23, 2022
Mayor Pro Tern Alvarez invited the public to attend a fundraising event for the undocumented community. She congratulated the City of Bell Gardens on the adoption of a rent stabilization ordinance and requested to discuss the rent stabilization ordinance in Downey at the next Council meeting.
Council Member Trujillo reported attending the Chamber of Commerce Mixer, an event welcoming the Mayors of the Downey Sister Cities of Mazatlan and Jalisco, and the Business Watch meeting. He commented regarding morning traffic conditions due to the start of the school year. He thanked staff for cleanup of the 710 Freeway and requested to address trash, litter, and landscaping along the 105 Freeway. He encouraged residents to complete the lighting survey and to download the City of Downey app to submit service requests.
Council Member Frometa welcomed the audience to the meeting. She reported attending the Independent Cities Association Summer Seminar and the Business Watch meeting. She requested staff coordinate with the business community to increase attendance at the Business Watch meetings. She invited the public to attend Coffee with a Cop, the Community Emergency Response Team graduation ceremony, the Neighborhood Watch meeting, and a blood drive hosted by the American Red Cross.
Council Member La Plante added that, while appointments are encouraged, walk-ins are accepted at the blood drive event.
Mayor Pacheco commented regarding the scheduling of Business Watch meetings and requested staff reach out the Downey Chamber of Commerce regarding a change in the time, date, or location.
Council Member Trujillo acknowledged Jeremy Clifton in attendance. He invited the public to attend the Rose Float Association Paint and Sip Fundraiser event.
Mayor Pacheco acknowledged Alfred Tovar and Michael Calvert in attendance. She reported attending the Institute for Local Government Board meeting. She invited the public to attend Coffee with a Cop, Summer Concert & Movie Night at Golden Park, and the International Food Festival. She thanked Council Member La Plante for his comments.
PUBLIC HEARINGS
1. RESOLUTIONS ADOPTING THE CITY'S 2020 URBAN WATER MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN: Public Works.
1) ADOPTED RESOLUTION NO. 22-8096, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE CITY OF DOWNEY'S 2020 URBAN WATER MANAGEMENT PLAN; AND,
2) ADOPTED RESOLUTION NO. 22-8097, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE CITY OF DOWNEY'S 2020 WATER SHORTAGE CONTINGENCY PLAN.
Mayor Pacheco opened the Public Hearing at 7:05 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.
Public Works Deputy Director/Utilities Manager Daniel Mueller presented the staff report. He provided an overview of the Urban Water Management Plan and the Water Shortage Contingency Plan, the legal requirements pursuant to the Urban Water Management Planning Act, and the purpose of both City Council Minutes
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plans. He explained the City's method of comparing water consumption with water demand and projecting water demand. He commented regarding expanded use of recycled water and reduced use of potable water. He stated that an element of the Urban Water Management Plan is water conservation through use of recycled water, water use restrictions and prohibitions. He reported that the 2009 Water Conservation Act required Cities to reduce water usage by 20% by 2020 and that Downey met and exceeded that goal. He shared that the Urban Water Management Plan includes a review of past and upcoming projects and programs. He stated that the City is rehabilitating inefficient groundwater wells to ensure that they can meet the City's demands and that the City also has a program where it replaces old and leaky water mains, installs new meters, and seeks opportunities to abandon undersized and redundant water mains, which increases flow and pressure. He shared plans to install two new groundwater wells to decrease reliance on older wells which will eventually be retired and reported plans to design two new groundwater well treatment systems, proactively address anticipated legislation regarding water quality standards for PFOA and PFOS, and implement treatment at all City groundwater wells. He stated that the City has obtained grant funding and is partnering with other agencies to obtain additional funding to limit the impact on public funds and, in years where the City has excess water rights and lower demands, the City is able to lease water rights to fund projects. He stated, if the City's water demands were to exceed water rights in the future, the City may lease water rights and has stored excess water for groundwater storage purposes. He shared that the Water Shortage Contingency Plan is a major element of the Urban Water Management Plan that describes City actions in the event of a water shortage. He stated the actions taken would include an increase in water waste patrols, public information campaigns, working with high water users to retrofit systems to decrease demands on potable water, and reduction of outdoor irrigation. He summarized the elements of the Urban Water Management Plan and adoption process.
Council Member Frometa thanked Mr. Mueller for his presentation and asked how long groundwater wells are taken offline and the timeline for refurbishment. Mr. Mueller responded that the process can vary, he detailed the steps in the process, and estimated that groundwater wells are typically taken offline for four to five months. Council Member Frometa questioned the cost of each groundwater well. Mr. Mueller responded that groundwater well rehabilitation projects have ranged from $50,000 to $150,000.
Mayor Pacheco requested to confirm that the City would be constructing two new groundwater wells. Mr. Mueller confirmed that the Public Works Department would be constructing two new groundwater wells in anticipation of the retirement of aging wells and the lengthy process to construct and receive approval for groundwater wells. Mayor Pacheco questioned whether the location of both wells has been decided. Mr. Mueller responded in the affirmative.
Mayor Pacheco, at 7:15 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 no written comments were received. Mayor Pacheco asked if there was anyone present who would like to comment on the Public Hearing item.
Lee Squire, resident, commented regarding supply and demand, water rights, water sources, the purpose of water purchased from Central Basin Water Replenishment District, recycled water and recycled water facilities, water revenues, and increases to water rates.
BC, resident, commented regarding the City's management of water, Central Basin Water Replenishment District, Leticia Vasquez -Wilson, and John Oskoui.
Rodolfo Cortes Barragan, non-resident, commented regarding a lawsuit against himself and Leticia Vasquez -Wilson, PEAS and PFOA levels, the City's response, water clean-up, the need for clean and affordable water, and the First Amendment right to express concerns regarding water issues.
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Juan Martinez, resident, commented regarding Public Works staff, water reports, PFOA and PFAS levels, lawsuits, the City's response to water contamination, corruption, and unprofessionalism.
Council Member Frometa commented regarding the prevalence of PFOA and PFAS, changes in legislation, and how the City has been addressing the issue of water contamination.
Armando Herman, non-resident, commented regarding Assistant City Manager Oskoui, the laws regulating water contamination, elected officials, the proposed Urban Water Management Plan, the funds allotted to build groundwater wells, and water infrastructure.
Jeremy Clifton, resident, commented regarding the water safety and the prevalence of water contamination nationally.
Having no one else, Mayor Pacheco closed public comment.
Public Works Director Consunji stated that no Federal or State standards currently exist for PFOA or PFAS. He shared that the State Water Board is anticipated to set public health codes and regulations and staff expects that numbers will be low. He reported that the City is in the process of designing treatment plants and pursuing grants for more treatment plants. He stated that the City meets all State and Federal standards.
Mayor Pacheco asked whether residents should be concerned about water in Downey. Public Works Director Consunji stated that the water in Downey meets all Federal State standards and is designing treatment plants in anticipation of new PFAS standards.
Council Member Frometa asked if there have been any water contamination issues with the Coca Cola Plant in Downey. Public Works Director Consunji stated that he was not aware of any. Council Member Frometa reiterated that the City is moving forward with a plan to address contaminants and that these contaminants have existed since the 1940s.
It was moved by Council Member Frometa, seconded by Council Member Trujillo, and carried 5- 0, to adopt Resolution No. 22-8096, a Resolution of the City Council of the City of Downey adopting the City of Downey's 2020 Urban Water Management Plan; and, adopt Resolution No. 22-8097 a Resolution of the City Council of the City of Downey adopting the City of Downey's 2020 Water Shortage Contingency Plan.
PUBLIC COMMENT ON AGENDA, CONSENT CALENDAR, AND NON -AGENDA ITEMS Mayor Pacheco asked City Clerk Duarte if any written public comments were received regarding Agenda, Consent Calendar and Non -Agenda items. City Clerk Duarte confirmed no written comments were received. Mayor Pacheco asked if there was anyone present who would like to comment regarding Agenda, Consent Calendar and Non -Agenda items.
Armando Herman, non-resident, commented in opposition to Item Nos. 1, 10, 19, and 20, and regarding ethics, elected officials, and free speech.
Alan Halstensgaard, resident, commented regarding international relations concerning Taiwan, Chinese espionage and military forces, abortion, and 180movie.com.
Don Miller, resident, commented regarding regulation of drones and maintenance of the flood control channel.
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Lee Squire, resident, commented regarding hatred against police officers, Central Basin Municipal Water District, and the fiduciary duty of the City Council Members.
BC, resident, commented regarding morals and ethics, the City Council, First Amendment rights, COVID-19, immigration, Downey's Sister City, Mexico en el Corazon, taxes, funding of programs and events, and the recession.
John Lacey, resident, commented regarding arrests made in the shooting of Monterey Park Police Officer Gardiel Solorio, water quality standards, President Biden, the energy crisis, and oil.
Dorothy Pemberton, resident, commented regarding projects funded by the City and the effort to recall Mayor Pro Tern Alvarez.
Olena Les, resident, commented regarding Tacos Don Goyo, and expressed concerns.
David Galloso, resident, commented regarding Tacos Don Goyo, and expressed concerns.
Rodolfo Cortes Barragan, non-resident, commented regarding Council Member La Plante, the public comment period, corruption, Central Basin Municipal Water District, campaign contributions, and the City's social media.
Juan Martinez, resident, commented regarding corruption, City staff, water quality standards, City Manager/Staff Comments and Council Member Announcements, and public comment time.
Ruben Garza, resident, commented regarding Tacos Don Goyo, and expressed concerns.
Lily Gomez, resident, commented regarding Tacos Don Goyo, and expressed concerns.
Jose Ruiz Gomez, resident, commented regarding Tacos Don Goyo, and expressed concerns.
Having no one else, Mayor Pacheco closed public comment.
Interim City Manager Scott commented regarding the continued efforts of staff, on behalf of the City Council, to address the issues at Tacos Don Goyo.
Mayor Pacheco assured residents that the City is addressing their concerns regarding Tacos Don Goyo.
Council Member Frometa commented regarding communications from residents regarding Tacos Don Goyo and assured the City is monitoring the situation Mayor Pacheco encouraged residents to reach out to the City Council and Interim City Manager.
CONSENT CALENDAR
Mayor Pacheco announced revisions to the proposed flag policy in Item No. 12 and clarified the donation in Item No. 17 would be for the Los Amigos Kiwanis Club of Downey.
Council Member Trujillo abstained from Item No. 16 due to owning property in the area.
Mayor Pacheco pulled Item No. 9 for separate discussion.
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It was moved by Council Member Frometa, seconded by Council Member Trujillo and carried 5- 0, to approve the remainder of the Consent Calendar.
2. APPROVED MINUTES: Regular Meeting of August 9, 2022: City Clerk.
3. WARRANTS ISSUED: Warrant Nos. 361389 — 361785; Payroll Wire Numbers 30004250, 30004254 — 30004255 & 30004260 — 30004262; EFT Nos. 11702 — 11748, and, Manual Wire Numbers 2278 — 2282, in the total amount of $13,048,128.04: Finance.
4. ACCEPTED WORK FOR 5T" ST. PAVEMENT REHABILITATION; APPROVED FINAL CONSTRUCTION CONTRACT AMOUNT OF $541,715.79; AND, AUTHORIZED THE PUBLIC
WORKS DIRECTOR/CITY ENGINEER TO FILE THE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 21-06): Public Works.
5. AWARDED CONTRACT TO CEG SOLUTIONS LLC IN THE TOTAL AMOUNT OF $146,057 FOR
VARIOUS SECURITY AND INFRASTRUCTURE IMPROVEMENTS RELATED TO SOLAR ENERGY PROJECT; AND, APPROPRIATED $32,457 FROM GENERAL FUND TO COVER THE SHORTFALL IN FUNDING: Public Works.
6. APPROVED THE ANNUAL DOWNEY CHAMBER OF COMMERCE PROFESSIONAL SERVICES AGREEMENT FOR FISCAL YEAR 2022-23: Community Development.
7. APPROVED A ONE-YEAR AGREEMENT WITH THE DOWNEY UNIFIED SCHOOL DISTRICT (DUSD) FOR OPERATION OF SPORTS FIELDS AT COLUMBUS HIGH SCHOOL: Parks & Recreation.
8. AUTHORIZED THE MAYOR TO EXECUTE THE AMENDMENT TO THE SPECIAL SERVICES
AGREEMENT BETWEEN THE CITY AND THE LAW FIRM OF LIEBERT CASSIDY WHITMORE (LCW): Human Resources.
10. APPOINTMENT TO THE INDEPENDENT CITIZENS' OVERSIGHT COMMITTEE FOR COUNCIL DISTRICT 2: Council Member La Plante.
ADOPTED RESOLUTION NO. 22-8099, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE APPOINTMENT OF BETH GENDREAU TO THE INDEPENDENT CITIZENS' OVERSIGHT COMMITTEE FOR DISTRICT 2
11. APPOINTMENT TO THE GREEN TASK FORCE FOR COUNCIL DISTRICT 2: Council Member La Plante.
ADOPTED RESOLUTION NO. 22-8100, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE APPOINTMENT OF DHARA PATEL TO THE GREEN TASK FORCE FOR COUNCIL DISTRICT 2
12. ADOPTED POLICY REGARDING THE DISPLAY OF FLAGS: City Attorney.
ADOPTED RESOLUTION NO.22-8101, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY ADOPTING A POLICY REGARDING THE DISPLAY OF FLAGS ON
CITY FLAGPOLES
13. ADOPTED ORDINANCE NO. 22-1486, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 2100 OF CHAPTER 1 OF ARTICLE II OF THE DOWNEY City Council Minutes
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MUNICIPAL CODE REGARDING THE TIME OF REGULAR CITY COUNCIL MEETINGS: City Attorney.
14. ADOPTED ORDINANCE NO. 22-1487, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ORDINANCE NO. 22-1478 TO FIX A NUMBERING ERROR AND RENUMBER DOWNEY MUNICIPAL CODE ARTICLE IV, CHAPTER 13 (FOOD HANDLERS) AS CHAPTER 14 AND RETAINING EXISTING ARTICLE IV, CHAPTER 13 (TARGETED RESIDENTIAL PICKETING): City Attorney.
15. ACCEPTED THE HAZARD MITIGATION GRANT PROGRAM (HMGP) FUNDS FROM THE CALIFORNIA OFFICE OF EMERGENCY SERVICES (CAL OES) IN THE AMOUNT OF $56,250 AND APPROPRIATED $18,750 TO PAY FOR THE CITY'S 25% COST -SHARE; AND,
AUTHORIZED THE FIRE CHIEF TO EXECUTE ANY AND ALL AMENDMENTS RELATED TO THE GRANT AS DEEMED NECESSARY: Fire.
16. AUTHORIZED STREET CLOSURE OF DOWNEY AVE. FROM 2ND ST. TO 4T" ST., 3RD ST. AT NEW AVE., AND, 3RD ST. TO END OF SOUTH PARKING LOT ENTRANCE OF U.S. BANK FOR THE
CITY OF DOWNEY'S INTERNATIONAL FOOD AND MUSIC FESTIVAL EVENT SCHEDULED FOR SEPTEMBER 10, 2022: Parks & Recreation.
17. APPROVED THE DONATION OF ONE FOURSOME OF GOLF FOR LOS AMIGOS KIWANIS CLUB OF DOWNEY GOLF TOURNAMENT ON SEPTEMBER 19, 2022 AT THE RIO HONDO GOLF COURSE: Council Member Frometa.
OTHER BUSINESS
9. APPROVED PURCHASE AND ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENT FOR PROPERTY LOCATED AT 8806 IMPERIAL HWY.: Public Works. 1) ADOPTED RESOLUTION NO. 22-8098, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY APPROVING THE PURCHASE AND ACQUISITION OF A
TEMPORARY CONSTRUCTION EASEMENT BETWEEN IRENE CANTORAN, TRUSTEE OF THE IRENE CANTORAN REVOCABLE LIVING TRUST DATED MAY 5, 2020, AND THE CITY OF DOWNEY FOR PROPERTY LOCATED AT 8806 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.
Mayor Pacheco questioned the impact of the construction on businesses and the effect on parking.
Public Works Director Consunji responded that staff will work with the property owner and contractor to provide access to businesses at all times. He noted that parking spaces are also available behind the businesses. He stated that staff will help make parking available to the affected businesses.
Mayor Pacheco asked whether businesses would affected for the full six-month construction period.
Public Works Director responded the businesses would be affected only when the curb gutter and sidewalk in front of the businesses are being constructed. He estimated the businesses would be affected for two to three weeks.
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It was moved by Mayor Pacheco, seconded by Council Member Frometa, and carried 5-0, to adopt Resolution No. 22-8098, a Resolution of the City Council of the City of Downey approving the purchase and acquisition of a Temporary Construction Easement between Irene Cantoran, Trustee of the Irene Cantoran Revocable Living Trust dated May 5, 2020, and the City of Downey for property located at 8806 Imperial Highway; authorize the Mayor to execute the Purchase Agreement, and, authorize the City Manager to execute any and all Amendments to the Agreement as deemed necessary for the project.
ADMINISTRATIVE REPORTS
10.ORDINANCE PROHIBITING SPECTATORS AT ILLEGAL SPEED CONTESTS OR EXHIBITIONS OF SPEED: Police/City Prosecutor.
INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING CHAPTER 15 ("SPEED CONTESTS OR EXHIBITIONS OF SPEED") OF ARTICLE IV ("PUBLIC WELFARE, MORALS, AND POLICY") OF THE DOWNEY MUNICIPAL CODE
TO PROHIBIT SPECTATORS AT ILLEGAL SPEED CONTESTS OR EXHIBITIONS OF SPEED
City Prosecutor James Eckart presented the staff report. He provided an overview regarding the issue of speed contests, street takeovers, and exhibitions of speed, and stated the intent of the ordinance is to supplement State law and address spectators at such events. He elaborated on how spectators contribute to the issue by creating obstructions in the rights of way, participating in the event by being part of the communication network to avoid detection and evade the Police, and perpetuating events by providing an audience. He stated that State law does not address spectators and leaves them to local jurisdictions. He stated that the proposed ordinance prohibits spectators at speed contests, street takeovers, and exhibitions of speed, makes it a misdemeanor to spectate at such events, and subjects spectators to administrative citations and fines.
Council Member Frometa questioned the fines proposed in the ordinance. Mr. Eckart responded that the fines are set as $100 for the first offense, $200 for the second offense, and $500 for a third offence per the City's current Administrative Fine Resolution. He advised that the fines could not be addressed as part of the ordinance and would require modification of the Administrative Fine Resolution.
He added that misdemeanors are punishable by fines of up to $1,000 and/or six months in jail.
Council Member Frometa commented in favor of modifying the Administrative Fine Resolution to increase the fine amounts.
Mayor Pacheco requested to confirm the process for modifying the Administrative Fine Resolution. Mr. Eckart confirmed that the ordinance would need to be adopted before the Administrative Fine Resolution can be modified.
Mayor Pacheco asked whether the proposed ordinance was modeled after ordinances passed by other cities. Mr. Eckart responded that the proposed ordinance is similar with some differences.
Council Member La Plante commented regarding an article about street takeovers in the L.A.
Times and unintended consequences of deterrents.
Council Member Frometa questioned why the ordinance did not include street racing vehicle operators. Mr. Eckart responded that the Downey Municipal Code would be preempted by State law.
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Council Member Frometa asked about the timeframe for impounding vehicles per the State Vehicle Code. Mr. Eckart confirmed that street racing vehicles are impounded for 30 days per the State Vehicle Code and is not addressed in the proposed ordinance as it is governed by State law.
Council Member Frometa commented in support of the proposed ordinance with the caveat that staff place an item on the agenda to review the Administrative Fine Schedule.
It was moved by Council Member Frometa, seconded by Council Member Trujillo and carried 5- 0, to introduce an Ordinance of the City Council of the City of Downey adding Chapter 15 ("Speed Contests or Exhibitions of Speed") of Article IV ("Public Welfare, Morals, and Policy") of the Downey Municipal Code to prohibit spectators at illegal speed contests or exhibitions of speed.
11. ORDINANCE REGULATING UNMANNED AIRCRAFTS ("DRONES"): Police/City Prosecutor.
INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING CHAPTER 16 ("UNMANNED AIRCRAFT SYSTEMS (DRONES)") OF ARTICLE IV ("PUBLIC WELFARE, MORALS, AND POLICY") OF THE DOWNEY MUNICIPAL CODE TO
REGULATE DRONES
City Prosecutor Jim Eckart presented the staff report. He provided an overview of the growing issue of drones, the increased use of drones, and regulation of drone operation by the Federal Aviation Administration. He commented regarding the limitations of Federal regulations to address local issues such as privacy, land use, zoning, and trespassing. He stated the purpose of the proposed ordinance is to supplement Federal and State law. He added that the proposed ordinance would impose reasonable time, place, and manner regulations to balance the rights of drone users with the rights of the community to privacy and security and the ordinance allows the City to exercise land use regulatory authority. He highlighted certain provisions of the proposed ordinance which limit the hours drones may be operated, require drones to be within a visual line of sight, prohibit operating within 100 feet above City sidewalks, prohibit taking off or landing on a City sidewalk, prohibit operation near schools during school hours, and establish procedure for operators who injure a person or cause damage to personal property. He shared that he received communication from Southern California Gas regarding whether the ordinance would impact drones used to detect gas leaks and for emergency purposes. He noted that the ordinance as written would affect utility companies and proposed modification to the definition of "Unmanned Aircraft Systems" on page 4 of the policy under Section 4999.1 Subsection J. He proposed the addition of language after "City -contracted agent or agency" to include "Downey franchised utility company". He stated it was not the City's intent to include public utility companies operating for the purpose of public safety to be regulated under the proposed ordinance. He stated violations would be subject to misdemeanor prosecution and administrative citations. He addressed the current fines imposed and noted that adjustment of the fines would require amendment of the City's Administrative Fine Resolution.
Council Member Frometa asked how the City would prove violations of the regulations such as invasion of privacy. Mr. Eckart responded that certain provisions, such as Section 2999.3 prohibiting operation over private property without the permission of the property owner, do not require proof of intent. He stated that the ordinance is designed to address issues that State law does not provide for and provided the example of a flyby, which has no legitimate reason. He acknowledged the difficulty of demonstrating intent and stated that the City is able to do so by reviewing the totality of the circumstances such as how the drone is being operated, repetition, and other issues. He added the City may not be using the ordinance as the only grounds for charges and stated that State law has provisions regarding recording, which may also be a violation.
Interim City Manager Scott asked about enforcement when activity ceases upon arrival of law enforcement. Mr. Eckart responded that this issue occurs in similar instances such as noise issues or City Council Minutes
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dog nuisance issues. He stated that Code Enforcement may rely on victims to provide information, provide recordings, help identify the operator of the drone, and participate in enforcement action. He added that victims have their own right of action under State law.
Council Member Frometa commented in support of the ordinance with the caveat that staff bring an item before the City Council to review the Administrative Fine Schedule.
It was moved by Council Member Frometa, seconded by Council Member Trujillo and carried 5- 0, to introduce an Ordinance of the City Council of the City of Downey adding Chapter 16 ("Unmanned Aircraft Systems (Drones)") of Article IV ("Public Welfare, Morals, and Policy") of The Downey Municipal Code to regulate drones.
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Interim City Manager Scott provided a history of the item, the status of permits issued to sidewalk vendors, and regulations from Los Angeles County pertaining to food vending.
Mr. Eckart commented regarding the Los Angeles County health permit for vending of food and beverage. He differentiated the two types of vending categorized by the County, low risk, including pre- packaged food, and high risk, including cooked foods and fresh fruits. He shared that L.A. County Public Health has not issued a Health Permit to a high -risk category vendor due to the inability to meet Health Code requirements. He stated that compliance with the City's laws would require compliance with the County's Health Code.
Council Member Frometa requested to confirm that no vendors in Downey selling high -risk category items have Health Permits. City Prosecutor responded that a vendor may have a permit for low - risk category items and may be selling high -risk category items without permits.
Council Member Frometa questioned how the City is enforcing existing vendors and noted an increase in food street vendors in Downey. Interim Community Development Director Landavazo stated that the City has issued only one permit for sidewalk vending. Mr. Eckart added that the permit issued was for pre -packaged food. Interim City Manager Scott stated that vendors in the City are likely to be operating without a permit and commented regarding enforcement priorities and the intent of the City Council to allow sidewalk vendors to operate legally and affordably. He stated that if the City were to make concessions to make it easier to obtain a permit, the City would need to enforce those without a permit and waiver of the City's portion of the substantial fees was unlikely to incentivize obtaining a permit.
He stated that if the City would like to have a certain number of sidewalk vendors, it would require a strategy to achieve this goal. He added that the City would potentially need to subsidize sidewalk vendors and emphasized the need for staff to understand the Council's objective.
Mayor Pro Tern Alvarez commented that her intent was not to criminalize but to help vendors.
She requested workshops to help sidewalk vendors understand the permit process. She reiterated that street vendors exist in Downey, and will continue to stay in Downey. Mr. Eckart clarified that Senate Bill 946 decriminalized sidewalk vending. He stated that violations are subject to an administrative citation and administrative fine as set by State law but would not constitute a criminal action. He added that food vendors, as differentiated from merchandise vendors, face issues with the Health Code. He shared that merchandise vendors may obtain a Seller's Permit from the California Department of Tax and Fee Administration and come to the City to obtain a Sidewalk Vending Permit and noted the City cannot waive the requirement to comply with the Department of Public Health Code, which exists for health and safety reasons.
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Council Member La Plante questioned the fines set by State law. Interim Assistant City Manager De Rojas responded that the fines for permitted vendors are $100 for the first offense, $200 for the second offense, and $500 for each additional offense while the fines for unpermitted vendors are $250 for the first offense, $500 for the second offense, and $1000 for additional offenses. Mr. Eckart added that vendors who obtain a permit after the citation is issued can have their fines lowered to the amount for permitted vendors and may have that first citation reduced to 20% of the fine if they meet State income requirements.
Council Member La Plante asked about the vendor who obtained a sidewalk vending permit in Downey. Director Landavazo responded that the permit issued is for vending of prepackaged fruit.
Council Member La Plante asked about requirements for vendors who sell flowers. City Prosecutor responded that the vendors would be required to obtain a Seller's Permit and a Sidewalk Vending Permit from the City. He clarified that sidewalk vendors must operate on the sidewalk and that vendors on private property must obtain a permit. He noted that the median of a roadway is not a sidewalk per State law and commented regarding the safety issues associated with vending in a roadway.
Council Member La Plante asked about the requirements for non-food vendors who operate on private property. Mr. Eckart responded that these vendors would need to apply for a Peddler's Permit, undergo a background check, and receive permission from the property owner. He stated the Peddler's Permit would be issued for a temporary period of time. He shared that sidewalk vendors were required to apply for a Peddler's Permit before the change in State law.
Council Member La Plante questioned whether those vendors have obtained Peddler's Permits.
Mr. Eckart responded that it was unlikely that they would have their necessary permits. He added that there are non -sidewalk operations such as food trucks and ice cream vendors who have obtained permits.
He acknowledged that most vendors in Downey, like in other jurisdictions, operate without a permit.
Council Member La Plante questioned whether any permitted high -risk sidewalk vendors exist in Los Angeles County. Mr. Eckart confirmed his statement and added that caterers may have obtained other permits due to access to facilities in which to sanitize and different Health Code requirements.
Council Member La Plante summarized that the City is trying to address an issue with the L.A.
County Health Department. Mr. Eckart confirmed that Downey does not have a Health Department and cannot change L.A. County Health Department regulations. Interim City Manager Scott commented regarding the complexity of the issue. He summarized the City Council's desire to create a mechanism to help train and coach persons who are interested in obtaining a sidewalk vending permit, make it easier to operate legally, and help them earn a living.
Mayor Pro Tern Alvarez affirmed her desire to create a program as described by Interim City Manager Scott.
Council Member La Plante commented in favor of a program that helps comply with the law. City Prosecutor suggested working in conjunction with the Health Department to provide information to interested vendors.
Council Member Frometa commented regarding education programs, use of staff resources, and City Council priorities.
Mayor Pacheco questioned how much staff time the program would utilize. Director Landavazo responded that Code Enforcement will take an application and educate vendors about the application City Council Minutes
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process when responding to a complaint regarding sidewalk vending. She stated that Code Enforcement and Public Works staff educate potential vendors informally as there is no formal program.
Council Member Fnomne[o summarized that vendor education is occurring on o case by case basis. |nt*hrn City Manager Scott suggested organizing training sessions where nnuUUp|e vendors may attend.
Mayor Pacheco stated that no action is needed as street vendor education programs are already being offered informally by City staff.
13. DISCUSSION OF FILMING LOCATION CONTRACT: Administration.
Interim City Manager Scott commented regarding the purpose of filming location contract for revenue generation and support of the film industry. He commented regarding his reservations about the submitted proposal.
Council Member Trujillo provided an overview Of the history Of the item and staff efforts to generate a contract to place on the agenda. He commented regarding use of City facilities to generate revenue and bring film to Downey without inconveniencing residents. He commented regarding the status of his request and staff's efforts to negotiate with a proposed vendor. He requested staff issue a Request for Proposals (RFP)ifneeded tomove the process forward.
Council Member Fnunneto commented regarding support for City revenue and the former film studios in Downey. She stated that this item has not previously COnne before the City Council, and commented regarding the need to place iturna on the agenda for discussion before the public. She expressed concerns regarding the terms ofthe proposed contract, requested additional information, and commented insupport nfissuing anRFP.
Council Member La Plante commented in favor of soliciting pnOpOGG|S, the possibility 0futilizing |OC8| VHDdO[S. and promoting filming opportunities in [}OVVO8y. He CODl08n[Hd regarding the need for @O RFPtocompare rates.
K8GyOr P2Ch8C0 summarized C0unCi|'G direction for staff t0 issue an RFP for 8 filming |OC8UOn COOt[8CL.
Council Member Trujillo asked about the timeline for 8nRFPU]beissued. Interim Scott estimated that the process should take six weeks.
14.DISCUSSED FUNDING FOR THE DOWNEY ROSE FLOAT ASSOCIATION FOR FY 2022-23:
Council Members Frometa and Trujillo.
Interim City Manager Scott commented regarding the City Counci[s support for the Rose Float Association and queried the Council regarding the funding amount.
Council Member Fmmeta commented regarding the cost of $60.000to $85.0OOtobuild ofloat and stated that her proposed figure would be $20,000 to subsidize the cost of the float. She commented regarding the history of the Downey Rose Parade F|oat, benefits to the community, and the need to support volunteers working onthe float.
Council Member Trujillo expressed his support for Council Member FnOrOet@`S statements.
City Council Minutes
Mayor Pacheco questioned whether the proposed amount would be a one-time sum or on an annual basis.
Council Member Frometa clarified that she is requesting to incorporate funding for the Downey Rose Float Association as part of the annual City budget. She commented regarding the need step up in supporting the Downey Rose Float Association.
Council Member Trujillo concurred with Council Member Frometa's statement regarding annual funding of the Downey Rose Float.
Council Member La Plante questioned whether the City may authorize $20,000 in funding and if the City has spoken with the Rose Float Association whether $20,000 would adequately address the issue.
Council Member Frometa commented regarding her desire to remain conscientious of the fact that the budget has already been adopted. She stated that the item could return to the City Council next year to consider the funding amount and commented regarding the varying costs depending on the design of the float.
Council Member La Plante commented regarding the need for more information from the Rose Float Association regarding costs, and requested information regarding line item costs to operate a float and how much funding the Association has raised.
Council Member Frometa stated that she and Council Member Trujillo received the figure of $60,000 to $85,000 from the Rose Float Association President. She noted the increased cost of materials due to inflation and suggested looking at the budget to determine how much the City can currently contribute and assessing next year's contributions at a future City Council meeting.
Interim City Attorney Langer responded that the City Council may provide a funding direction for the current calendar year and direction for future budgets but that funding for future budgets would need to be discussed at a budget session.
Mayor Pacheco questioned practices in other cities with self -funded floats. Interim City Manager Scott confirmed that other cities with self -funded floats did contribute to the cost of building the floats.
Mayor Pro Tern Alvarez commented regarding a proposal submitted by the Arts and Culture Subcommittee. Interim Assistant City Manager De Rojas responded the proposal was specifically for replacement of a chassis but not for the cost of building the float.
Council Member La Plante expressed his concern regarding information provided to certain members of the City Council without being provided to all members of the City Council.
Council Member Frometa responded that the Rose Float Association provided a letter to herself and Council Member Trujillo as they had requested to place the item on the agenda. Interim City Manager Scott responded that he would ensure that all Council Members receive a copy of the letter from the Rose Float Association.
Council Member La Plante commented regarding his support for funding the Rose Float Association with the caveat that he would need to review the proposed figures.
Mayor Pacheco directed staff to return with a more detailed report under the Consent Calendar at the next City Council agenda.
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Regular Meeting — August 23, 2022 13
CITY MANAGER/STAFF MEMBER COMMENTS
Finance Director Gandhy commented regarding an improvement in the City's CalPers funded status. He stated that the City issued pension obligation bonds in the amount of $414 million in February 2021 and at the time of issuance the City's pension liability was $211 million and the City's funded ratio was 66% for Safety personnel and 68% for non -Safety personnel. He reported the City received the CalPERS annual plan valuation report and was informed the City's funded ratio is 94% for the period ending June 30, 2021. He shared that the funding target at the time the bonds were issued was 85%. He noted that the contributing factors for the high ratio was a combination of the issuance of the bonds and high interest earnings by CalPERS in 2021. He added that CalPERS had negative returns in 2022 and it is anticipated that the ratio will decrease. He shared staff's expectations that the funded liabilities will reach the City's target of 85%. He stated that the current status will result in lower pension costs for a period of time. He commented that a funding ratio of 85% places the City in a good position.
Interim City Manager Scott commented that the pension funding goal is typically not 100%. He added that the City is in a very good position and will likely remain in good shape after next year's report.
Interim City Manager Scott commented regarding his support for a brief City Manager Comments section before the Consent Calendar portion of the agenda to answer questions and follow-up on issues raised by the Council. He acknowledged the need to clean the freeway ramps and riverbeds and commented regarding Public Works Director Consunji's work with other agencies to address this issue.
He stated that the City has received commitments from Caltrans and L.A. County and indicated that a clean-up was completed in one case. He emphasized the need to stay on top of the issue to ensure that it continues to be addressed. He compared clean-up efforts in other cities and noted a positive response from L.A. County regarding additional clean-up efforts in Downey. He reported the historic preservation ordinance is in final review and staff is working on the RV parking ordinance. He shared that he and Interim Assistant to the City Manager Rivas held a meeting with the newly elected Downey Sister Cities Association Officers regarding collaboration to support the Association.
He commented regarding Mayor Pro Tern Alvarez's request to agendize discussion of a Bell Garden's rent stabilization ordinance. He requested Council's direction on the item.
Mayor Pacheco and Council Member Frometa responded that the issue has been discussed by the City Council at a previous City Council meeting.
Mayor Pro Tern Alvarez stated that the discussion was tabled and she is requesting for the item to return to the City Council for discussion.
Council Member Trujillo questioned whether the item would need a second in order to be placed on the agenda. Interim City Manager Scott responded that he takes direction from the City Council as a whole and cannot take direction from individual Council Members.
Council Member Frometa shared that the topic has been discussed at length and does not have support on the Council.
Mayor Pro Tern Alvarez commented regarding Council support for the item.
Mayor Pacheco asked Interim City Attorney Langer whether the item should be placed on the agenda for discussion. Interim City Attorney Langer clarified Mayor Pro Tern Alvarez's direction is to place an item on the agenda to discuss the City of Bell Garden's rent stabilization ordinance. Interim City City Council Minutes
Regular Meeting — August 23, 2022 14
Manager Scott stated that he is unable to prepare a draft ordinance as he has not received direction from the City Council and commented regarding the need for direction from City Council.
Mayor Pacheco commented that the item has been previously discussed by the City Council.
Mayor Pro Tern Alvarez commented regarding her desire to discuss the matter again and stated that Council Member La Plante was not on the City Council at the time that rent stabilization was discussed.
Interim City Attorney Langer stated that if the majority of the City Council does not wish to discuss the item, Interim City Manager Scott does not have direction to place it on the agenda. Interim City Manager Scott stated that he would provide a copy of the Bell Gardens ordinance to the City Council.
Mayor Pro Tern Alvarez requested to confirm that the rent control item would not be placed on the agenda and reiterated her desire to place a rent stabilization item on the agenda. Interim City Manager Scott responded that he did not receive direction from the City Council to do so.
Mayor Pro Tern Alvarez shared her understanding that Council Members may request items to be placed on the agenda for discussion.
Mayor Pacheco suggested continuing discussion with the Interim City Attorney to determine whether the item may be placed on the agenda.
Interim City Manager Scott commented regarding a policy for placing matters on City Council agendas, which is standard practice in other cities, and clarifying procedures in Downey. He shared that the City Council may create a policy to allow any Council Member to place any matter on the agenda, which is not standard practice in other cities. He stated that other cities may require that the City Council vote on whether to place an item on the agenda. He commented regarding the benefits of such a policy in assisting the City Manager in taking direction from the City Council and suggested the City Council discuss creation of a policy.
Interim City Attorney Langer suggested that she and Interim City Manager Scott research policies in other cities and return to the City Council with a report regarding formalizing a policy for placing matters on City Council agendas.
Mayor Pacheco shared that the City Council had previously discussed this issue and expressed her support for Interim City Attorney Langer's suggestion. She directed to return to Council with a discussion item to discuss a policy regarding placing matters on the agenda.
ADJOURNMENT
Mayor Pacheco adjourned the Regular City Council Meeting at 9:46 p.m. in memory of Sebastian Valencia, son of City employee Sandra Valencia; and, the lives lost due to COVID-19.
MARIA ALICIA DUARTE, CMC
City Clerk
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Regular Meeting — August 23, 2022 15
BLANCA PACHECO
Mayor