City Council Minutes
Special Meeting – December 7, 2021 1
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
SPECIAL MEETING
DECEMBER 7, 2021
The City Council of the City of Downey held a Special City Council Me eting on December 7 2021, at 4:31 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, with Mayor Frometa presiding.
PRESENT: Council Members:
Claudia M. Frometa Mayor
Blanca Pacheco Mayor Pro Tem
Catherine Alvarez Council Member
Sean Ashton Council Member
Mario Trujillo Council Member
ALSO PRESENT: Gilbert Livas, City Manager
Yvette M. Abich Garcia, City Attorney
Alicia Duarte, CMC, City Clerk
APPROVED CLOSED SESSION MINUTES: Special Meeting Minutes of November 16, 2021.
It was moved by Council Member Ashton, seconded by Council Member Trujillo, and carried 5- 0, to approve the Closed Session Minutes of November 16, 2021.
PUBLIC COMMENT ON SPECIAL MEETING AGENDA ITEMS
Mayor Frometa asked City Clerk Duarte if any written comments were received regarding Closed Session Items. City Clerk Duarte confirmed no written Public Comments were received. Mayor Frometa asked if there was anyone present who would like to comment on Closed Session items.
BC, resident, commented regarding misinformation and the effects of the Ordinance on public comment.
Armando Herman, non-resident, commented in opposition to Administrative Report No. 1, censorship, and First Amendment rights.
Rodolfo Cortes Barragan, non-resident, commented in opposition to Administrative Report No. 1, First Amendment rights, the performance of the City Manager, the City Attorney, and the City Clerk, and the time of the Special City Council meeting.
Having no one else, Mayor Frometa closed public comment.
Mayor Frometa commented regarding discussion of amending the City Council meeting rules related to public comment and the process for introduction of the Ordinance.
ADMINISTRATIVE REPORTS
1. INTRODUCED ORDINANCE AMENDING THE CITY COUNCIL MEETING RULES RELATED TO PUBLIC COMMENT: Administration/City Attorney.
1) THAT THE CITY COUNCIL INTRODUCE THE FOLLOWING ORDINANCE:
City Council Minutes
Special Meeting – December 7, 2021 2
INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING AND RESTATING DOWNEY MUNICIPAL CODE ARTICLE II, CHAPTER 1, SECTION 2105 REGULATING THE RULES OF CONDUCT FOR CITY COUNCIL MEETINGS
City Attorney Abich Garcia presented the staff report. She provided a history of the item and advised the Ordinance was revised per Council’s direction.
Mayor Frometa noted that staff surveyed other cities in the area and found that most cities have only one public comment period for agenda, non-agenda, and consent calendar items. She stated that members of the City Council are available by phone, email, or in-person visits. She shared the difficulty that City Council faced in conducting its business and the intent of the Ordinance to conduct City Council meetings more efficiently.
Council Member Alvarez questioned when placards, signs, and posters were prohibited. City Attorney Abich Garcia responded placards, signs, and posters were permitted at the Mayor’s discretion prior to 2019 and the meeting rules were updated in 2019 to prevent disruption of the City Council meeting.
Mayor Frometa provided a list of surrounding cities holding a single public comment period for agenda and non-agenda items. City Attorney Abich Garcia clarified that the list consists of cities in the area polled by staff. In addition, many cities outside of the region hold a single public comment period.
Mayor Frometa emphasized the need to look at regional practices and a list of Southern California cities may be compiled in the future for concerned members of the public.
Council Member Alvarez inquired regarding medical conditions preventing the audience from remaining seated for long periods of time. City Attorney Abich Garcia responded ADA accommodations must be requested in advance and would be addressed on a case by case basis. Council Member Alvarez inquired whether the City has experienced issues with members of the public videotaping from their seats and whether the media is allowed to videotape the meeting. Mayor Frometa responded that issues with videotaping have occurred and the current meeting rules allow videotaping from the back of the Council Chambers. City Manager Livas responded media has attended City Council meetings and typically would videotape from the sides of the Council Chambers. Council Member Alvarez requested to confirm that media is allowed to film in the Council Chambers. City Manager Livas responded affirmatively.
Council Member Ashton asked for clarification regarding how placards, signs, and posters impede the City Council meeting. City Attorney Abich Garcia cited instances in which the audience held signs above their heads and blocked the view of those behind them or waved signs above their heads and created a distraction. She stated that such individuals were asked to hold the signs lower or place them on their laps. Council Member Ashton clarified that the concern with signs is how they are displayed and their size rather than the content. City Attorney Abich Garcia confirmed his statement.
Mayor Frometa requested to discuss a three-minute period for agenda, non-agenda, and consent calendar items to be consistent with the three minutes allotted for comments regarding public hearing items.
Council Member Ashton expressed his concerns regarding imposing too many restrictions and commented in favor of maintaining a four-minute limit per speaker for public comment on agenda, non- agenda, and consent calendar items.
Mayor Frometa commented regarding consistency and commented in support of a four-minute time limit per speaker for public comment on agenda, non-agenda, and consent calendar items.
City Council Minutes
Special Meeting – December 7, 2021 3
Mayor Pro Tem Pacheco commented in support of the four-minute limit per speaker for public comment on agenda, non-agenda, and consent calendar items as speakers are allotted three minutes for each public hearing item. She noted that public comments on agenda, non-agenda, and consent calendar items may cover multiple topics and suggested the Council could revisit the discussion if needed.
It was moved by Council Member Ashton, seconded by Mayor Pro Tem Pacheco, and carried 4- 1, with Council Member Alvarez voting no, to introduce an Ordinance of the City Council of the City of Downey amending and restating Downey Municipal Code Article II, Chapter 1, Section 2105 regulating the Rules of Conduct for City Council Meetings as amended.
RECESSED TO A CLOSED SESSION OF THE CITY COUNCIL UNDER THE FOLLOWING AUTHORITIES:
Mayor Frometa announced the City Council is recessing to Closed Session at 4:57 p.m. to discuss matters under the authority of the following sections of the Government Code:
1. Government Code Section 54957(b)(1) – Public Employee Performance Evaluation – Title: City Manager.
2. Government Code Section 54957(b)(1) – Public Employee Performance Evaluation – Title: City Attorney.
3. Government Code Section 54957(b)(1) – Public Employee Performance Evaluation – Title: City Clerk.
RECONVENED SPECIAL CITY COUNCIL MEETING
Mayor Frometa reconvened the Special City Council meeting at 7:49 p.m. with all Council Members present.
City Attorney Abich Garcia reported the Closed Session report for Item Nos. 1, 2, and 3 as follows: The City Council completed the evaluations of the City Manager, City Attorney and City Clerk.
ADJOURNMENT
Mayor Frometa adjourned the Special City Council Meeting at 7:50 p.m. in memory of the lives lost due to COVID-19.
MARIA ALICIA DUARTE, CMC BLANCA PACHECO
City Clerk Mayor