MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
SEPTEMBER 28, 2021
The City Council of the City of Downey held a Regular City Council Meeting on September 28, 2021, at 6:33 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Frometa presiding.
Council Members:
Claudia M. Frometa
Blanca Pacheco
Catherine Alvarez
Sean Ashton
Mario Trujillo
Mayor
Mayor Pro Tern
Council Member
Council Member
Council Member
(left at 10:04 p.m.)
ALSO PRESENT: Gilbert Livas, City Manager
John Oskoui, Assistant City Manager
Yvette M. Abich Garcia, City Attorney
Aldo E. Schindler, Deputy City Manager/Community Development Dean Milligan, Chief of Police
Dan Hurlock, Fire Chief
Delfino Consunji, Public Works Director
Vaniah De Rojas, Assistant to the City Manager
Alicia Duarte, CIVIC, City Clerk
The Invocation was delivered by Father Sam Ward, St. Raymond's Catholic Church. The Pledge of Allegiance was led by Chief of Police Dean Milligan.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Trujillo welcomed the audience to the City Council meeting. He acknowledged Horacio Ortiz Jr. in attendance. He reported attending the League of California Cities Conference. He requested a staff report to discuss options on how the City can assist and engage with the Downey Sister Cities Association and asked for the status of current relationships with Downey's sister cities. He requested an update regarding the Neighborhood Watch Program. He reported attending the Contract Cities Association Conference.
Council Member Ashton acknowledged Jeannie Wood in attendance. He reporting attending the Contract Cities Association Conference. He requested the Police Department collaborate with the L.A.
County Sheriff's HOST Team to discuss their approach to handling homelessness issues. He reported attending the League of California Cities Conference and Downey Fire CERT Graduation Ceremony.
Council Member Alvarez thanked the audience for attending the City Council meeting. She reported attending the League of California Cities Conference and the Contract Cities Association Conference. She announced the L.A. County Board of Supervisors extended the eviction moratorium until January 31, 2022.
Mayor Pro Tern Pacheco welcomed the audience to the City Council meeting. She acknowledged Mario Guerra, Michael Calvert, Henry Ceja, and Ivan Sulic in attendance. She reported attending the League of California Cities Conference and the Contract Cities Association Conference.
She requested the Police Department collaborate with the L.A. County Sheriff's HOST Team to discuss City Council Minutes
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available resources for Downey. She invited the public to attend the Gangs Out of Downey Ricky Galvez Memorial Golf Tournament.
Mayor Frometa acknowledged Mario Guerra, Michael Calvert, Henry Ceja, and Jeannie Wood in attendance. She thanked the audience for attending the City Council meeting. She reported attending the Contract Cities Association Conference and the celebration of life for former Mayor Meredith Perkins. She commented regarding Senate Bill 9 and local control for municipalities. She requested staff coordinate with Caltrans to continue cleaning freeway on- and off -ramps from debris and homeless encampments. She asked staff to research implementing Project Roomkey in Downey and requested staff coordinate with the City of Lakewood to co -host a Mayor's Regional Summit and invite Governor Newsom to discuss homelessness and affordable housing issues. She asked staff to address illegal dumping and vehicles parked on lawns and thanked staff for continued enforcement efforts. She thanked the Police Department for their work on speed enforcement. She invited the public to attend the Gangs Out of Downey Ricky Galvez Memorial Golf Tournament, Havana Nights, the State of the City event, and the Fair Housing Foundation Workshop.
PRESENTATIONS
1. Mayor Frometa with assistance from former Mayor Mario Guerra presented the Posthumous Mayor's Legacy Award to former Mayor Meredith Perkins.
2. Mayor Frometa presented the Mayor's Champion Award to Gurith T. Milian, founder of Ninos Latinos Unidos.
ADMINISTRATIVE REPORTS
13. DISCUSSION REGARDING A "VOTE OF NO CONFIDENCE" IN LOS ANGELES DISTRICT ATTORNEY GEORGE GASCON AND ADOPTION OF A RESOLUTION RELATED THERETO:
Mayor Frometa.
Mayor Frometa took this item out of order.
Mayor Frometa commented regarding elected officials, the role of the City Council, correspondence from the public, votes of no confidence in other cities, and the effect of a Vote of No Confidence in L.A. District Attorney (D.A.) Gascon. She commented regarding the impact of Gascon's directives on the Downey Police Department and referenced a presentation by Captain Murray. She commented regarding current criminal justice reforms and assured the public of the Downey Police Department's continued law enforcement. She stated that residents have been heard and the power lies with the residents, not the City Council, in this matter.
Mayor Frometa, at 7:42 p.m., opened this item for public comment. She asked if there was anyone present who would like to comment on the Item No. 13.
Armando Herman, non-resident, commented in opposition to a Vote of No Confidence in L.A.
County District Attorney Gascon.
Ana Brown, resident, thanked the Mayor for placing this item on the agenda and commented in favor of a Vote of No Confidence in L.A. County District Attorney Gascon.
Jeffrey Phillips commented in favor of a Vote of No Confidence in L.A. County District Attorney Gascon.
Bill Adrian, resident, commented in favor of Council Member Trujillo abstaining from the vote and for a Vote of No Confidence in L.A. County District Attorney Gascon.
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Lee Squire, resident, commented regarding opposing views, a conflict of interest with Council Member Trujillo, and in favor of a Vote of No Confidence in L.A. County District Attorney Gascon.
Juan Martinez, resident, commented in opposition to a Vote of No Confidence in L.A. County District Attorney Gascon.
Speaker, no name provided, commented in opposition to a Vote of No Confidence in L.A.
County District Attorney Gascon.
Emma Rivas, non-resident, commented in favor of a Vote of No Confidence in L.A. County District Attorney Gascon.
Donna Estevez, non-resident, commented in favor of a Vote of No Confidence in L.A. County District Attorney Gascon.
Mike Greenspan, non-resident, commented regarding the effect of a Vote of No Confidence, a recall election against District Attorney Gascon, and criminal justice.
BC, resident, commented in favor of a Vote of No Confidence in L.A. County District Attorney Gascon.
Moises Castillo, non-resident, commented in favor of a Vote of No Confidence in L.A. County District Attorney Gascon.
John Lacey, resident, commented in favor of a Vote of No Confidence in L.A. County District Attorney Gascon.
Barbaro Rodriguez, resident, commented in favor of a Vote of No Confidence in L.A. County District Attorney Gascon and regarding Council Member Trujillo.
Bill Wallace, resident, commented in favor of a Vote of No Confidence in L.A. County District Attorney Gascon.
Mayor Frometa asked City Clerk Duarte if there were any written comments received regarding Item No. 13. City Clerk Duarte confirmed 10 written comments were received.
George Gascon, L.A. County District Attorney, commented regarding his policies and performance as District Attorney.
Karen Roseberry non-resident, commented in favor of a Vote of No Confidence in L.A. County District Attorney Gascon.
Martha Kazimi, resident, commented in favor of a Vote of No Confidence in L.A. County District Attorney Gascon.
Barbara Jackson, non-resident, commented in favor of a Vote of No Confidence in L.A. County District Attorney Gascon.
Lupe Sanchez, resident, commented in favor of a Vote of No Confidence in L.A. County District Attorney Gascon.
Glenn Robinson commented in favor of a Vote of No Confidence in L.A. County District Attorney Gascon.
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Thea Eskey, non-resident, commented in favor of a Vote of No Confidence in L.A. County District Attorney Gascon.
Faraz Aqil, resident, commented in opposition to a Vote of No Confidence in L.A. County District Attorney Gascon.
Cristina Garcia, State Assemblymember, commented in opposition to a Vote of No Confidence in L.A. County District Attorney Gascon.
Everett Allen Greer, resident, commented in favor of a Vote of No Confidence in L.A. County District Attorney Gascon.
Having no one else, Mayor Frometa closed public comment.
Council Member Ashton shared he's been contacted by individuals on both sides of the issue.
He commented regarding laws co-authored by D.A. Gascon, his policies regarding crime, and his campaign promises. He commented regarding the effect of a Vote of No Confidence and the recall effort. He expressed his support for the proposed resolution.
Council Member Trujillo commented regarding public comments made, bail procedures, the role of District Attorneys and judges, District Attorney Gascon's policies, and recidivism rates. He commented regarding viewing narcotics offenses through a public health lens and using resources to address addiction. He commented regarding motives for the recall effort. He shared that public feedback has been heard but the D.A.'s Office is trying a new approach to public safety and rehabilitation. He commented regarding overi nca rce ration and justice system reform. He expressed his opposition to the recall effort and Vote of No Confidence.
Mayor Pro Tern Pacheco thanked those who submitted public comment. She emphasized that public safety and the Police Department is her priority and commented regarding the vote of the people to elect District Attorney Gascon. She commented regarding D.A. Gascon's campaign promises and voter education. She commented regarding the effect of a Vote of No Confidence and asked Chief of Police Milligan who tracks first-time offenses. Chief Milligan responded that the data is tracked by the State and the Police Department is able to access the information. He shared that this data does not affect the arrest and the charges are sent to the D.A.'s Office to make a determination based on prior arrests.
Mayor Pro Tern Pacheco asked if the Police Department follows up with the reason charges are not filed. Chief Milligan responded the filing District Attorney will attach case notes listing reasons why the charge was not filed. Mayor Pro Tern Pacheco asked if the D.A.'s Office has a contact the City may reach out to in order to have a case filed. Chief Milligan responded the Police Department has direct liaisons with the adult and juvenile courts and stated that the liaisons are open to discussing rejected cases and finding consensus. Mayor Pro Tern Pacheco asked whether the Police Department is successful in having those cases filed. Chief Milligan responded some cases may be filed but the final determination ultimately rests with the D.A.'s Office. He shared that the Police Department has a good partnership with the D.A.'s Office and may provide additional information or follow-up for cases not filed. Mayor Pro Tern Pacheco questioned if there were any improvements at the D.A.'s Office through dialogue with the liaisons. Chief Milligan clarified that the Police Department is able to work with the D.A.'s Office on cases rejected for certain reasons but is not able to work with the D.A.'s Office for cases rejected under the special directive.
Mayor Pro Tern Pacheco asked if the Police Department has grown busier as a result of the special directives from the D.A.'s Office. Chief Milligan responded that calls for service have continued to grow independent of the special directives and the Police Department will respond to all calls and enforce the law as codified. He stated that at the time of arrest, the Police Department is not concerned with whether the case will be filed. Mayor Pro Tern Pacheco thanked Chief Milligan and commended City Council Minutes
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the Downey Police Department for keeping the community safe. She shared that both she and Council Member Ashton met with District Attorney Gascon to express concerns regarding the implications of not filing quality of life crimes such as trespassing, petty theft, and robberies. She emphasized the importance of the Neighborhood Watch program.
Mayor Frometa questioned how the current directives would affect the handling of sentencing in the case of the murder of Officer Ricky Galvez and the triple murder that occurred in the City. Chief Milligan responded some of the current directives call for not filing enhancements but do not affect filing of the primary crime. Mayor Frometa asked about the 152 cases rejected per the special directives since November 2020 and how that differed from previous years. Chief Milligan responded that the 152 cases were not filed solely based on the special directives and conceded that some of the cases would not have been filed for other reasons.
Council Member Alvarez asked about the percentage of incarceration of persons with mental illness after the election of District Attorney Gascon. Chief Milligan responded the Police Department does not track mental status and added that the D.A.'s Office may order a mental health evaluation.
Council Member Alvarez expressed her appreciation for those who submitted public comment and the work of the Police Department. She commented regarding the will of the voters who elected District Attorney Gascon and justice system reform.
It was moved by Mayor Frometa, seconded by Council Member Ashton, and carried 3-1-1, with Council Member Alvarez abstaining and Council Member Trujillo voting no, to adopt Resolution No. 21- 8038, a Resolution of the City Council of the City of Downey expressing a Vote of No Confidence in Los Angeles County District Attorney George Gascon.
RECESS/RECONVENE
Mayor Frometa recessed the City Council meeting at 8:35 p.m. Mayor Frometa reconvened the City Council meeting at 8:45 p.m. with all Council Members present.
PUBLIC HEARINGS
Mayor Frometa took this item out of order.
2. PUBLIC HEARING TO RECEIVE INPUT FROM THE COMMUNITY REGARDING THE REDRAWING OF ELECTION DISTRICT BOUNDARIES: Administration. 1) Receive a report from staff on the redistricting process and permissible criteria to be considered to redraw district boundaries, and receive a report on the City's redistricting public outreach program;
2) Appoint a Committee to study and recommend alterations to the City Council district boundaries; and,
3) Conduct a public hearing to receive public input on district boundaries.
It was moved by Mayor Frometa, seconded by Council Member Ashton, and carried 5-0, to continue Item No. 2 to the Council Meeting of October 12, 2021.
Mayor Frometa asked Council Member Trujillo to facilitate a meeting with District Attorney Gascon, Chief Milligan, and City Manager Livas to discuss public safety concerns. She reiterated that District Attorney Gascon's goals are commendable.
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1. GENERAL PLAN AMENDMENT, ZONE TEXT AND MAP AMENDMENT IN CONJUNCTION
WITH A NEW SPECIFIC PLAN FOR THE RANCHO LOS AMIGOS SOUTH CAMPUS AND CERTIFICATION OF FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT: Community Development.
Mayor Frometa opened the Public Hearing at 9:16 p.m.
Council Member Trujillo recused himself due to business relationships with persons potentially involved in the project and left the dais at 9:16 p.m.
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Mayor Frometa, seconded by Council Member Ashton, and carried 4-0-1, with Council Member Trujillo abstaining, to receive and file the publication.
City Manager Livas introduced the item and the consultant presenting the item.
Consultant David Barquist of Kimley-Horn and Associates, Inc. presented the staff report. He provided an overview of the Rancho Los Amigos South Campus location, the background of the plan, and concurrent projects and activities. He explained the purpose of, laws regulating, and the goals of a Specific Plan. He summarized the guiding principles in developing a Specific Plan. He shared the outreach efforts and community input received, which demonstrated interest in sports, transit, and rail.
He stated that this information was used to create a policy document specifying the land use concept, policy program, land use and development standards, and design guidelines. He stated that the land use, which would be incorporated into the Zoning Code, was divided into four categories: Flex Tech/Bio Medical (FTBM), Regional Public Facilities (RPF), Transit Oriented Development Corridor (TODC), and Community Serving Use (CS). He commented regarding the development potential and the anticipated longevity of the development. He shared the intent of the land use regulations to achieve high quality design, specific to each district and based on feedback received. He stated that the design guidelines provide a framework for design, with area -wide guidelines and guidelines by use type. He provided an overview of the CEQA review process and the components of the Environmental Impact Report. (EIR) He shared a list of the comments received in response to the EIR. He identified key environmental impacts, which he noted were not uncommon. He provided an overview of the process following the completion of the EIR and the Public Hearing.
Council Member Alvarez asked how affordable housing is included within the Specific Plan.
Deputy City Manager Schindler responded that the Affordable Housing Subcommittee is developing an Inclusionary Housing Ordinance, which is a city-wide approach to affordable housing, and the Specific Plan focuses on a transit -oriented village design. Council Member Alvarez questioned the percentage of affordable housing that will be included in the area. Deputy City Manager responded the affordable housing will range from 10-20% under the Inclusionary Housing Ordinance. He shared that more information would be provided in the economic feasibility analysis to be presented to the Affordable Housing Subcommittee.
Council Member Alvarez expressed concerns regarding reliance on the Inclusionary Housing Ordinance and that 20% affordable housing is not enough. She referred to the income profile used in the report. City Manager Livas explained that the EIR is a zoning document used to establish land uses and does not include affordability, which is discussed at a later point in the process. He stated that affordability is an aspect negotiated while drafting the Development Agreement. He shared that incorporating affordability into zoning is not standard practice and may limit the City in future negotiations. He assured the Council that they would review future projects and the Specific Plan lays a blueprint for such projects. He clarified that the Inclusionary Housing Ordinance is separate from the Development Agreement. He acknowledged the direction from Council and mandates from the Southern California Association of Governments to increase affordable housing and emphasized the need for a mix of housing units at varying income levels.
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Mayor Frometa commented regarding the need for a strategic and balanced approach to affordable housing.
Council Member Ashton questioned what percent of RHNA numbers must be allocated to affordable housing. City Planner Crystal Landavazo responded that approximately 2,000 of the 6,525 total units should be allocated to affordable housing for the "very low" income group. Council Member Ashton requested to model the mix of affordable housing after the RHNA ratio. Ms. Landavazo responded that the distribution of income levels city-wide is one of the primary goals of the Housing Element process and one of the directives from Department of Housing and Community Development.
Mayor Frometa clarified that RHNA is an acronym for Regional Housing Needs Assessment.
Mayor Pro Tern Pacheco questioned the timeline for the Veteran Commons Housing Project on Gardendale St. Deputy City Manager Schindler responded that the Ordinance would require a second reading, an additional 30-45 days to complete the CEQA process, and L.A. County would require an additional 60-90 days to complete plans for the project.
Mayor Frometa, at 9:48 p.m., opened this item for public comment. Mayor Frometa asked City Clerk Duarte if there were any written comments received regarding the Public Hearing item.
City Clerk Duarte confirmed sixteen written comments were received.
Jessamyn Garner commented in favor of Item No. 1 and the Veteran Commons Housing Project.
Tieira Ryder, resident, commented in favor of Item No. 1 and supportive affordable housing.
Karla Amaya commented in favor of Item No. 1 and housing of homeless veterans.
Audrey Hahn, Abode Communities, commented in favor of Item No. 1.
Alexandria Contreras, resident, commented in favor of Item No. 1 and the Veteran Commons Housing Project.
Martha Camacho Rodriguez, resident, commented in favor of Item No. 1 and the Veteran Commons Housing Project.
Mia Martinez, resident, commented in favor of Item No. 1 and affordable housing.
Denise Smith commented in favor of Item No. 1, open space, road safety, and improved access to transit and opportunity.
Hava Buchanan commented in favor of Item No. 1 and housing for homeless veterans.
Rob commented in favor of Item No. 1, increasing housing, helping the homeless, and the Veteran Commons Housing Project
Thomas Irwin commented in favor of Item No. 1 and the Veteran Commons Housing Project.
Jes McBride, non-resident, commented in favor of Item No. 1 and the Veteran Commons Housing Project.
Alexandria Yellowhair, resident, commented in favor of Item No. 1 and affordable housing.
Anthony Bahamondes, PATH Ventures, commented in favor of Item No. 1 and the Veteran Commons Housing Project.
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Sandra Perez, non-resident, commented in opposition to Item No. 1, traffic congestion, public safety, and permanent housing rather than transitional housing.
Mayor Frometa asked if there was anyone present who would like to comment on the Public Hearing item.
Armando Herman, non-resident, commented in opposition to Item No. 1.
Mike Greenspace, non-resident, commented in opposition to Item No. 1, the project completion time, and affordability.
Zeke Sandoval, People Assisting the Homeless, commented in favor of Item No. 1.
Ivan Sulic, Field Representative for L.A. County Supervisor Janice Hahn, commented in favor of Item No. 1 and thanked staff for working with L.A. County on the project.
Juan Martinez, resident, commented in favor of Item No. 1 and affordable housing requirements.
Cynthia Wong, PATH Ventures, commented in favor of Item No. 1 and affordable housing.
Having no one else, Mayor Frometa closed the Public Hearing at 10:00 p.m.
Mayor Frometa commented regarding her support for Item No. 1 and the opportunity to bring forth an affordable housing mix, attract retail businesses, and utilize transit hubs. She expressed her excitement in breaking ground on the Veterans Housing Project with wraparound services. She emphasized the need for strategic planning and mixed land use.
It was moved by Mayor Frometa, seconded by Mayor Pro Tern Pacheco, and carried 4-0-1, with Council Member Trujillo abstaining, to adopt Resolution No. 21-8036, a Resolution of the City Council of the City of Downey approving the Water Supply Assessment for the Rancho Los Amigos South Campus Specific Plan.
It was moved by Council Member Ashton, seconded by Council Member Alvarez, and carried 4- 0-1, with Council Member Trujillo abstaining, to introduce an Ordinance of the City Council of the City of Downey for the adoption of the Rancho Los Amigos South Campus Specific Plan, Written Findings of Fact and Statement of Overriding Considerations, a Mitigation Monitoring and Reporting Program, a General Plan Amendment to change the Land Use Designation from Commercial Manufacturing to Mixed Use, Amendment of Certain Sections of Chapter 1 — Land Use of the General Plan, a Zone Text/Map Amendment to change the Zoning Designation from R-1 5,000, SP 85-1, and SP 88-1 to Rancho Los Amigos South Campus Specific Plan, Rescind Specific Plans SP 85-1 And SP 88-1, and Certification of the Final Program Environmental Impact Report for the Rancho Los Amigos South Campus Specific Plan.
Mayor Frometa left the City Council meeting at 10:04 p.m.
ADMINISTRATIVE REPORTS
12. DISCUSSED AND PROVIDED DIRECTION TO STAFF REGARDING THE COVID-19 TEMPORARY OUTDOOR DINING PROGRAM: Community Development.
Mayor Pro Tern Pacheco took this item out of order.
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Council Member Trujillo recused himself due to owning commercial properties in the area and left the dais at 10:06 p.m.
Deputy City Manager Schindler presented the staff report for Item No. 12. He shared that Council Member Ashton requested an update on the outdoor dining parklet program. He provided an overview of the history of the program, the intent to assist businesses, State policies, and restaurants participating in the program. He stated that staff conducted a survey and found that 10 of the 37 businesses with outdoor dining had removed or planned to remove the parklets due to operational limitations. He shared the remaining 27 restaurants wished to maintain some components of the outdoor dining program due to uncertainty with COVID-19 variants. He stated that there are nine parklets in the Downtown area. He shared the results of a survey conducted of cities regarding the deadlines to remove their outdoor dining program. He provided a list of recommendations from the Downtown Downey Improvement Association (DDIA). He informed the Council of staff's recommendation to extend the outdoor dining program citywide to December 31, 2022 with an assessment from staff to be provided in June 2022.
Council Member Ashton asked when the outdoor dining program would expire if Council took no action. Deputy City Manager Schindler responded the program is scheduled to expire at the end of 2021, as aligned with the State's order. Council Member Ashton asked about maintaining the program for an additional year. Deputy City Manager Schindler responded that the intent is to help Downey businesses as the future of the pandemic is unclear. He reiterated the desire of restaurants to maintain the outdoor program due to uncertainty.
Council Member Ashton requested to paint the K-Rails and set standards to improve the appearance of the parklets and set safety rules. Deputy City Manager Schindler confirmed the City could set standards and commented regarding the need for balance in maintaining the aesthetic without overburdening restaurants with additional costs. City Manager Livas added the City did consider covering the K-Rails but opted to use the funds to provide grants to businesses. He commented regarding the temporary status of the K-Rails and consideration of more permanent installations. Council Member Ashton asked whether this could be incorporated in the current proposal.
City Manager Livas confirmed the City can work on enhancements if the extension is approved.
Council Member Alvarez concurred with Council Member Ashton's statements regarding painting of the K-rails and expressed her support for closing Downey Ave. permanently. Deputy City Manager Schindler responded that closure of Downey Ave. was considered but businesses did not support the idea. City Manager Livas responded regarding the need to accommodate pedestrian traffic and the lack of support from Downtown businesses.
Council Member Alvarez requested to look into closing Downey Ave. next year.
Mayor Pro Tern Pacheco stated that Downey Ave. between 2nd and 3rd St. was closed the previous year and did not improve traffic flow.
Council Member Ashton suggested closing Downey Ave. on weekends or special occasions and purchasing bollards. He commented in support of re -opening parking spaces and opined that K-Rails are not necessary in that area.
Council Member Alvarez shared that she has spoken with local business owners who have requested to make outdoor dining permanent.
Mayor Pro Tern Pacheco asked about safely reopening parking spaces without endangering parklets. Deputy City Manager Schindler confirmed the Public Works Department was consulted and did not have any objects to reopening parking spaces. Mayor Pro Tern asked about the parklet in front of L.A. Buns. Deputy City Manager Schindler responded that the DDIA has recommended removal of the parklet. Mayor Pro Tern Pacheco asked if the City received input from affected businesses. Deputy City Council Minutes
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City Manager Schindler stated that the DDIA consulted with the affected businesses. Mayor Pro Tern Pacheco commented in favor of continuing the outdoor dining program.
Council Member Alvarez questioned the removal of parklets on 2nd St. Deputy City Manager Schindler confirmed the DDIA recommended removal of the parklets in front of L.A. Buns, Bastards Canteen, and Ola Restobar be removed. Council Member Alvarez asked for staff's recommendation.
Deputy City Manager Schindler stated that the City supports the direction from the DDIA as they meet regularly and speak to property owners. Council Member Alvarez expressed her opposition to the removal of parklets.
Mayor Pro Tern Pacheco requested the President of the Downtown Downey Improvement Association share feedback from the three affected businesses. DDIA President Jorge Villa stated that Bastards Canteen and Ola Restobar have sufficient outdoor dining and only L.A. Buns would lose outdoor seating. Council Member Alvarez shared that she spoke to the owner of L.A. Buns and he expressed a strong desire to maintain the parklet. Mr. Villa confirmed that the DDIA did speak to property owners and the consensus was to remove the parklets. He acknowledged L.A. Buns's opposition to the removal.
Council Member Alvarez inquired regarding the implementation of bollards. City Manager Livas responded regarding use of bollards to close streets and the decision of past Council Members to allow the DDIA to determine when bollards should be installed. Mr. Villa responded the DDIA is in agreement regarding use of bollards to close streets for special events and has researched cost-effective implementation.
Council Member Alvarez questioned support from businesses in the DDIA regarding outdoor dining. Mr. Villa responded that discussion took place during a Zoom meeting with multiple stakeholders and he did not have a tally of responses. He reiterated the overall consensus during the meeting was in favor of eliminating the parklets on 2nd St.
Council Member Ashton asked if there is a certain time that delivery trucks may access 2nd St.
Deputy City Manager Schindler responded that no times were specified but the City was informed that traffic issues were occurring due to lack of access. Council Member Ashton asked if the parklets are located where the trucks would typically unload or generally restricting access. Deputy City Manager Schindler responded the trucks would normally unload in the spots where the parklets are located. Mr.
Villa added that truck deliveries stop traffic and cause vehicles to wait until they finish unloading. He shared that parklets are situated close to sidewalks and may become a pedestrian hazard unless moved further back.
Mayor Pro Tern Pacheco, at 10:32 p.m., opened this item for public comment. Mayor Pro Tern Pacheco asked City Clerk Duarte if there were any written comments received regarding Item No. 12.
City Clerk Duarte confirmed no written comments were received. Mayor Pro Tern Pacheco asked if there was anyone present who would like to comment on Item No. 12.
Armando Herman, non-resident, commented regarding grant funding for businesses, K-Rails, the business corridor between 2nd and 1st Streets, and COVID-19.
Juan Martinez, resident, commented in favor of Item No. 12.
Mike Greenspan, non-resident, commented in favor of Item No. 12.
David Devis, L.A. Buns, commented in opposition to removing the parklets on 2nd Street., traffic issues associated with Porto's Bakery, and accommodation of delivery trucks.
Jang Lee, resident, commented in opposition to Item No. 12.
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Having no one else, Mayor Pro Tern Pacheco closed public comment.
Council Member Alvarez inquired if the DDIA has sufficient funds to pay for the bollards. Mr.
Villa responded bollards are not currently budgeted and the DDIA needs to consider its options before adding it to the budget.
Mayor Pro Tern Pacheco asked about the possibility of keeping the parklet in front of L.A. Buns and removing only the parklets in front of Bastards Canteen and Ola Restobar. Deputy City Manager Schindler responded regarding the segment of 2nd St. being private and the need to consult with the City Attorney and Public Works Director regarding the City's purview.
Council Member Ashton clarified that the parklet in front of Ola Restobar is on City property and the parklets in front of Bastards Canteen and L.A. Buns is on private property. Deputy City Manager Schindler confirmed his statement. He requested to review the pictures of 2nd St. presented. He noted that there were no K-Rails or bollards in front of Bastard's Canteen and L.A. Buns. He requested to review the recommendations from the DDIA and asked the City Council whether they concurred with the recommendations.
Mayor Pacheco and Council Member Alvarez confirmed that they had no issue with the recommendations outside of the removal of the L.A. Buns parklets.
Council Member Ashton and Mayor Pro Tern Pacheco commented in favor of allowing L.A.
Buns to keep its parklets.
Council Member Ashton asked the City Council whether they agreed with removing K-Rails from certain sections of 2nd St. and 31 St. Mayor Pro Tern Pacheco confirmed her agreement as long as doing so is safe. Council Member Alvarez expressed concerns regarding incidents occurring on 2nd St. and asked about ways to address speeding.
Council Member Alvarez mentioned that businesses have contacted her regarding issues with the City parking structure on 2nd St and requested additional security personnel and security cameras.
Deputy City Manager Schindler stated that the City will contact the security company that patrols the parking structure and partner with the Police Department to analyze calls for service and improve security.
Council Member Ashton requested to confirm that Council Member Alvarez was referring to the City's parking structure. Council Member Alvarez confirmed the site as the City -owned parking structure. She reiterated the need for City action to improve security.
Council Member Alvarez questioned whether the City would continue with concrete K-Rails.
Deputy City Manager Schindler noted the issue with limited sizing for concrete K-Rails and difficulty with locating K-Rails with the appropriate size to match the remaining parklets. He stated that staff would endeavor to use concrete K-Rails if possible but would possibly use water -filled K-Rails if necessary. Council Member Alvarez requested that the Arts and Culture Subcommittee be involved in painting of K-Rails.
It was moved by Council Member Ashton, seconded by Mayor Pro Tern Pacheco, and carried 3- 0-1, with Council Member Trujillo abstaining and Mayor Frometa absent, to extend the outdoor dining program citywide to December 31, 2022 through an amendment to Emergency Order No. 1; return to the City Council with an assessment in June 2022; and, accept the nine recommendations from the Downtown Downey Improvement Association, with Recommendation No. 6 amended to carve out and allow K-Rails to remain in front of L.A. Buns to allow for outdoor dining, and address beautification of the K-Rails.
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NON -AGENDA PUBLIC COMMENT
Mayor Pro Tern Pacheco asked City Clerk Duarte if any written public comments were received regarding Non -Agenda items. Mayor Pro Tern Pacheco asked if there was anyone present who would like to comment on Non -Agenda items.
Armando Herman, non-resident, commented regarding free speech, mask mandates, outdoor dining, District Attorney Gascon, Council Member Ashton, and a possible Federal government shutdown.
Mike Greenspan, non-resident, commented regarding the Independent Cities Association and the Pride flag.
Juan Martinez, resident, commented regarding City staff, a Vote of No Confidence in District Attorney Gascon, racial justice, and Council Member Alvarez.
Resident, no name provided, commented regarding a Vote of No Confidence in District Attorney Gascon.
David Devis, L.A. Buns, commented regarding public safety issues at the Downtown City parking structure.
City Manager Livas shared that Council Member Alvarez has brought up the issue with the parking structure, the Public Works Department has come out to the parking structure multiple times, and daily cleanings are conducted. He stated he would speak to the Police Department regarding enforcement. He commented regarding the issue of inebriated business patrons urinating in the parking structure when returning to their vehicles.
Jang Lee, resident, commented regarding the percentage of COVID-19 related deaths and the meaning of the rainbow.
Having no one else, Mayor Pro Tern Pacheco closed Non -Agenda public comment.
Council Member Alvarez clarified that she attended the Contract Cities Association Conference in Indian Wells two weeks prior.
CONSENT CALENDAR
Council Member Trujillo abstained from Item No. 11, due to owning property in the area.
Mayor Pro Tern Pacheco asked City Clerk Duarte if there were any written comments received regarding Consent Calendar items. City Clerk Duarte confirmed no written comments were received.
Mayor Pro Tern Pacheco asked if there was anyone present who would like to comment on the Consent Calendar items.
Mike Greenspan, non-resident, commented regarding Item Nos. 3, 5, 9, and 11.
Armando Herman, non-resident, commented regarding Item Nos. 5, 9, 10 and 11.
Having no one else, Mayor Pro Tern Pacheco closed public comment.
It was moved by Council Member Alvarez, seconded by Council Member Ashton and carried 4- 0, with Mayor Frometa absent and Council Member Trujillo abstaining from Item No. 11, to approve the Consent Calendar.
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3. APPROVED MINUTES: Special Meeting of September 14, 2021: City Clerk.
4. WARRANTS ISSUED: Warrant Nos. 354219 — 354427; Payroll Wire Numbers 30004150 & 30004153 — 30004155; EFT Nos. 10901 — 10930; Manual Wire Nos. 2176 — 2177, total amount of $3,520,604.82: Finance.
5. ACCEPTED WORK FOR FLORENCE AVE. WATER SYSTEM IMPROVEMENTS; APPROVED FINAL CONSTRUCTION CONTRACT AMOUNT OF $2,090,160; AND, AUTHORIZED THE
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE THE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 20-34): Public Works.
6. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR CONSTRUCTION BIDS FOR THE FY 2021/22 ANNUAL MISCELLANEOUS CONCRETE REPAIRS (COUNCIL DISTRICT 3) AND ADA IMPROVEMENTS (CITYWIDE), LAKEWOOD BLVD. PARKWAY IMPROVEMENTS AND REGENTVIEW AVE. SIDEWALK IMPROVEMENTS (CAPITAL IMPROVEMENT PROJECT NO. 22-01): Public Works.
7. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH COMMLINE, INC.; APPROPRIATED $84,072 TO UPGRADE AND IMPROVE THE EXISTING DOWNEY FIRE
COMMUNICATIONS ANALOG UHF AND VHF RADIO SIGNALS TO DIGITAL UHF AND VHF SIGNALS: Fire.
8. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH LPA, INC. IN THE AMOUNT OF $397,000 FOR ARCHITECTURAL DESIGN SERVICES FOR THE SPACE SHUTTLE EXHIBIT AND EDUCATION BUILDING; AUTHORIZED THE MAYOR TO EXECUTE AGREEMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS: Public Works.
9. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH EVAN BROOKS ASSOCIATES, INC., IN THE AMOUNT OF $22,000 TO PROVIDE GRANT WRITING SERVICES;
AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS DEEMED NECESSARY: Administration.
10. ADOPTED RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATIONS FOR MEASURE A FUNDING: Administration.
ADOPTED RESOLUTION NO. 21-8037, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE BLANKET AUTHORITY TO FILE APPLICATIONS
FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN
SPACE DISTRICT FOR MEASURE A FUNDING FOR PROJECTS AND PROGRAMS
11. AUTHORIZED THE STREET CLOSURES OF BROOKSHIRE AVE. AT 2ND ST. AND CIVIC CENTER DR. AT 3RD ST. FOR THE CITY OF DOWNEY'S 8T" ANNUAL DIA DE LOS MUERTOS ART FESTIVAL SCHEDULED FOR SATURDAY, OCTOBER 30, 2021: Parks & Recreation.
STAFF MEMBER COMMENTS
City Manager divas thanked staff for installation of the Art Exhibit in the City Hall lobby and thanked Council Member Alvarez for initiating the project. He thanked the Community Development staff for organizing the Housing Fair.
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Regular Meeting — September 28, 2021 13
ADJOURNMENT
Mayor Frometa adjourned the Regular City Council Meeting at 10:28 p.m. in memory of the Navy Sailors who perished during a helicopter accident in the Pacific Ocean off of San Diego: Hospital Corpsman 3rd Class Bailey Tucker, 21; Hospital Corpsman 2nd Class Sarah Burns, 31; Naval Air Crewman 2nd Class James Buriak, 21; Lt. Paul Fridley, 28; Lt. Bradley Foster, 29; and, the lives lost due to COVID-19.
MARIA ALICIA DUARTE, CIVIC BLANCA PACHECO
City Clerk Mayor
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