City Council Minutes
Regular Meeting – November 9, 2021 1
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
NOVEMBER 9, 2021
The City Council of the City of Downey held a Regular City Council Meeting on November 9, 2021, at 6:36 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Frometa presiding.
PRESENT: Council Members:
Claudia M. Frometa Mayor
Blanca Pacheco Mayor Pro Tem
Catherine Alvarez Council Member
Sean Ashton Council Member (absent)
Mario Trujillo Council Member (absent)
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
Jason Chacon, Interim Director of Parks & Recreation
Anil Gandhy, Director of Finance
Vaniah De Rojas, Assistant to the City Manager
Alicia Duarte, CMC, City Clerk
The Invocation was delivered by Veronica Lopez, Desert Reign Church. The Pledge of Allegiance was led by Mayor Pro Tem Pacheco.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Alvarez thanked the audience for attending the City Council meeting.
Mayor Pro Tem Pacheco thanked the audience for attending the City Council meeting. She acknowledged Mark D. Morris, Nancy Swenson, and Martha Sodetani, Michael Calvert, Jeannie Wood, and William Craig in attendance She reported attending the Police Department’s Citizen’s Academy Graduation Ceremony, the Dia de los Muertos event, the Annual Halloween Pumpkin Patch, the Employee Service Awards Ceremony, the Downey Fire Department StachetoberFest event, and the Police Department Special Olympics Torch Run. She invited the public to attend the Veterans Day Ceremony and the Fire Department Sound the Alarm event. She reported attending the Public Hearing regarding the County of Los Angeles redistricting process.
Mayor Frometa welcomed the audience to the City Council meeting. She reported attending the Police Department’s Citizen’s Academy Graduation Ceremony, the NALEO Legislative Summit, the Dia de los Muertos event, the Annual Halloween Pumpkin Patch, the Police Department Special Olympics Torch Run, the Downey High School v. Warren High School game, a tour hosted by the Downey Conservancy and Downey Historical Society, the Employee Service Awards Ceremony, and the Downey United Lodge 150th Anniversary Celebration. She commented regarding vaccination rates in Downey. She invited the public to attend the Veterans Day Ceremony, the Our Lady of Perpetual Help blood drive, and the City’s 65th Anniversary Celebration. She requested staff draft a historic
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Regular Meeting – November 9, 2021 2
preservation ordinance. She also asked staff to address issues of trash and debris at the CVS on Florence Ave. and Paramount Blvd. She requested staff monitor encampments and thanked the Downey Police Department for patrolling Apollo Park.
PRESENTATIONS
1. Mayor Frometa presented the Mayor’s Legacy Award to Xotchitl Ortiz, Principal of Columbus High School.
2. Mayor Frometa presented the Mayor’s Champion Award’s to Javier Lizarde.
3. Mayor Frometa presented the Mayor’s Champion Award’s to William Craig.
4. Mayor Frometa presented a Proclamation in Honor of the U.S. Marine Corps 246th Birthday Celebration.
NON-AGEND A PUBLIC COMMENT
Mayor Frometa asked City Clerk Duarte if any written public comments were received regarding Non-Agenda items. City Clerk Duarte confirmed one written comment was received.
Christopher Perez, Field Deputy for Congresswoman Lucille Roybal-Allard, introduced himself and provided his contact information.
Mayor Frometa asked if there was anyone present who would like to comment on Non-Agenda items.
Armando Herman, non-resident, commented regarding Council Members.
Mayor Frometa commented regarding an incident taking place in the City Hall parking lot. Chief Milligan commented regarding the Police Department’s investigation of the incident.
Mike Greenspan, non-resident, commented regarding elected officials.
Speaker, no name provided, commented regarding Council Members.
Mayor Frometa announced limited English language proficiency speakers may receive additional time for language interpretation and reminded speakers regarding respectful conduct at the City Council meeting.
LennJhon Alvarez, resident, commented regarding Council Members and assistance of homeless persons.
BC, resident, commented regarding government assistance, homelessness, elected officials, affordable housing, and the vaccine and mask mandates.
Juan Martinez, resident, commented regarding City staff, elected officials, and Kaiser healthcare workers.
Irma Zamorano, non-resident, commented regarding Council Members, OMLO, and corruption.
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Regular Meeting – November 9, 2021 3
RECESS/RECONVENE
Mayor Frometa recessed the City Council meeting at 8:02 p.m. Mayor Frometa reconvened the City Council meeting at 8.07 p.m. with Council Members Ashton and Trujillo absent.
Jang Lee, resident, commented regarding COVID-19 restrictions, the vaccine, and conduct at the City Council meeting.
Speaker, no name provided, commented regarding Council Members.
Lee Squire, resident, commented regarding the Marine Corps Birthday Celebration, Veterans, and the U.S. flag.
Resident, no name provided, commented regarding Council Members.
RECESS/RECONVENE
Mayor Frometa recessed the City Council meeting at 8:21 p.m. Mayor Frometa reconvened the City Council meeting at 8:32 p.m. with Council Members Ashton and Trujillo absent.
Mayor Frometa commented regarding the clearing of the Council Chambers. City Attorney Abich Garcia commented regarding disruptions of the City Council meeting and the Brown Act.
Resident, no name provided, commented regarding First Amendment rights, Council Members, and City staff.
Barbaro Rodriguez, resident, commented regarding Council Members, freedom of expression, and City staff compensation.
Rodolfo Cortes Barragan, resident, commented regarding access to City Council, conduct of the City Council meeting, First Amendment rights, and discrimination.
City Attorney Abich Garcia commented regarding the right of the public to submit public comment and the provision of the Brown Act allowing the room to be cleared to proceed with Council business without disruption.
Speaker, no name provided, commented regarding the right to assemble and elected officials.
Having no one else, Mayor Frometa closed Non-Agenda public comment.
RECESS/RECONVENE
Mayor Frometa recessed the City Council meeting at 8:56 p.m. Mayor Frometa reconvened the City Council meeting at 8:58 p.m. with Council Members Ashton and Trujillo absent.
CONSENT CALENDAR
Mayor Frometa announced Item No. 6 would be continued to the November 16, 2021 adjourned City Council meeting. City Attorney Abich Garcia clarified that the City Council would convene on November 16 and the November 23 Regular City Council meeting would be cancelled.
Mayor Frometa 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 Frometa asked if there was anyone present who would like to comment on Consent Calendar items.
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Regular Meeting – November 9, 2021 4
Mike Greenspan, non-resident, commented regarding Item Nos. 3, 7, and 13, and expressed concerns regarding the timeframe and funding allocated to the projects and Committee Member appointments.
Armando Herman, non-resident, commented regarding Item Nos. 3, 9, and 13, and 14.
Lee Squire, resident, commented regarding item No. 13, appointment of and qualifications for Committee Members.
Resident, no name provided, commented regarding Item No. 1 and City expenditures,
Rodolfo Cortes Barragan, non-resident, commented regarding Item No. 13 and qualifications for Committee Members.
Speaker, no name provided, commented regarding Item No. 13 and the Independent Citizens’ Oversight Committee.
Having no one else, Mayor Frometa closed public comment.
Council Member Alvarez requested to table Item Nos. 7 and 8.
Mayor Pro Tem Pacheco asked whether the tabling of Item Nos. 7 and 8 would affect the work of the Public Works Department. Director Consunji responded that postponement of the items would mean staff would be unable to advertise the projects for bidding.
Mayor Frometa questioned the impact on residents. Director Consunji responded the construction of the projects would be delayed and there would be a delay to commence repaving of the streets. Mayor Frometa asked for the reason for tabling Item Nos. 7 and 8.
Council Member Alvarez commented in support of street repaving and expressed her intent to review the project specifications, which were not included in the staff report. Director Consunji explained the plans and specifications are a component of the bid packet and specify quantities, materials, construction methods, and requirements for bidders. He stated that the plans and specifications are boilerplate documents with little difference that would require Council review.
Mayor Frometa requested to confirm that certain information would not be available until the bidder is selected. Director Consunji responded unit prices will be provided when the bid is awarded and the award of the contract will be brought to the City Council for review. He shared that the project will return to the City Council when the project is awarded and when the project is completed and the City Council accepts the work as complete. City Manager Livas added that the acceptance of plans and specifications is part of the preliminary process and more information will be provided to the City Council.
Council Member Alvarez questioned the effects of tabling the items. City Manager Livas advised that approval of the items would allow staff to prepare the bid documents and City Council may review the projects again once the bids have been awarded. He noted that tabling of Items Nos. 7 and 8 would cause delays in the start date and completion of the projects. Mayor Frometa added that approval of the plans and specifications is standard procedure for the City Council. Council Member Alvarez noted that tabling of the item would add 10 days to the process. City Manager Livas responded regarding staff’s intent to start projects before the end of the year and avoid possible supply chain issues. He reiterated the Council’s additional opportunities to review the projects.
Council Member Alvarez questioned the tabling of Item No. 6. City Manager Livas responded Item No. 6 was tabled due to a lack of quorum.
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Regular Meeting – November 9, 2021 5
Mayor Frometa requested to confirm that the City Council would proceed with Item Nos. 7 and
8. Council Member Alvarez responded in the affirmative.
It was moved by Mayor Frometa, seconded by Mayor Pro Tem Pacheco, and carried 3-0, with Council Members Ashton and Trujillo absent, to approve the remainder of the Consent Calendar.
1. WARRANTS ISSUED: Warrant Nos. 355222 – 355565; Payroll Wire Numbers 30004165 – 30004167 & 30004169; EFT Nos. 10998 – 11026; Manual Wire No. 2182 – 2189; and, Cashier’s Check numbers are 142 – 143, in the total amount of $4,999,714.23: Finance.
2. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR CONSTRUCTION BIDS FOR FLORENCE AVE. PAVEMENT REHABILITATION (CAPITAL IMPROVEMENT PROJECT NO. NO. 20-05): Public Works.
3. AWARDED CONTRACT IN THE AMOUNT OF $224,000 TO ONYX PAVING COMPANY, INC.
FOR CONSTRUCTION OF 3RD ST. PAVEMENT REHABILITATION; APPROPRIATED $250,000 IN MEASURE M BOND FUNDS IN ACCOUNT NO. 58-1-6835; AND, AUTHORIZED THE PUBLIC
WORKS DIRECTOR/CITY ENGINEER TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL
SCOPE OF WORK FOR THIS PROJECT DEEMED NECESSARY OR DESIRABLE UP TO THE AP PROVED PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 21-05): Public Works.
4. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS FOR 5TH ST. WATER SYSTEM IMPROVEMENTS (CAPITAL IMPROVEMENT PROJECT NO. 21-15):
Public Works.
5. AWARDED CONTRACT IN THE AMOUNT OF $459,970 TO KALBAN, INC. FOR CONSTRUCTION OF THE FY 2021/22 ANNUAL MISCELLANEOUS CONCRETE REPAIRS (COUNCIL DISTRICT 3) AND ADA IMPROVEMENTS (CITYWIDE), LAKEWOOD BLVD.
PARKWAY IMPROVEMENTS AND REGENTVIEW AVE. SIDEWALK IMPROVEMENTS; AUTHORIZED TRANSFER OF $50,000 IN MEASURE M LOCAL RETURN FUNDS FROM ACCOUNT NO. 57-1-6835 TO ACCOUNT NO. 57-1-6782 FOR FY 2021/22 ANNUAL MISCELLANEOUS CONCRETE REPAIRS (COUNCIL DISTRICT 3) AND ADA IMPROVEMENTS (CITYWIDE), LAKEWOOD BLVD. PARKWAY IMPROVEMENTS AND REGENTVIEW AVE.
SIDEWALK IMPROVEMENTS: AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR/CITY
ENGINEER TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK FOR
THIS PROJECT DEEMED NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 22-01): Public W orks.
6. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR
CONSTRUCTION BIDS FOR RESIDENTIAL STREETS PAVEMENT REHABILITATION - AREA 10; AND, APPROPRIATED $4,500,000 IN MEASURE R BOND FUNDS IN ACCOUNT NO. 59-1- 6821 (CAPITAL IMPROVEMENT PROJECT NO. 22-02): Public W orks.
7. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR CONSTRUCTION BIDS FOR RESIDENTIAL STREETS PAVEMENT REHABILITATION - AREA 1; AND, APPROPRIATE D $5,000,000 IN MEASURE M BOND FUNDS IN ACCOUNT NO. 58-1-6871 (CAPITAL IMPROVEMENT PROJECT NO. 22-15): Public Works.
8. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR CONSTRUCTION BIDS FOR STOAKES AVE., MELDAR AVE., MANZANAR AVE. AND VISTA DEL ROSA ST. IMPROVEMENTS; AND, APPROPRIATED $1,700,000 IN MEASURE R BOND FUNDS IN ACCOUNT NO. 59-1-6875 (CAPITAL IMPROVEMENT PROJECT NO. CIP NO. 22-19):
Public Works.
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Regular Meeting – November 9, 2021 6
9. APPROVED CHANGE ORDER NO. 2 IN THE AMOUNT OF $43,000 FOR WOODRUFF AVE. AND SMALLWOOD AVE. SEWER SPOT REPAIRS; AND, AUTHORIZED THE PUBLIC WORKS
DIRECTOR/CITY ENGINEER TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE
OF WORK DEEMED NECESSARY OR DESIRABLE UP TO THE AMENDED PROJECT BUDGET (MISCELLANEOUS PROJECT NO. 348): Public Works.
10. APPROVED AN INITIAL DEPOSIT AMOUNT OF $71,579.65 TO PURCHASE PLAYGROUND EQUIPMENT FOR CRAWFORD AND TEMPLE PARKS: Administration.
11. APPROVED AN AGREEMENT BETWEEN THE CITY OF DOWNEY AND CONVERGINT TECHNOLOGIES, LLC. FOR THE PURCHASE AND INSTALLATION OF AN ACCESS CONTROL SYSTEM FOR CITY HALL; AND, AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT:
Administration.
12. APPROVED AGREEMENT WITH CALMET SERVICES, INC. IN THE AMOUNT OF $29,500 FOR ABANDONED BULKY ITEM COLLECTION SERVICES; APPROPRIATED $29,500 FROM THE GENERAL FUND TO COVER THE COST OF THESE SERVICES; AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AMENDMENTS DEEMED NECESSARY: Public Works.
13. APPOINTMENT TO THE INDEPENDENT CITIZENS’ OVERSIGHT BOARD, DISTRICT 3: Council Member Alvarez.
ADOPTED RESOLUTION NO. 21-8044, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE APPOINTMENT OF IGNACIO GONZALEZ TO THE INDEPENDENT CITIZENS’ OVERSIGHT BOARD FOR COUNCIL DISTRICT 3
14. APPROVED THE PARADE PERMIT/STREET CLOSURE APPLICATION SUBMITTED BY THE
DOWNEY CHAMBER OF COMMERCE FOR THE ANNUAL HOLIDAY PARADE ON SUNDAY, DECEMBER 5, 2021: Administration.
15. APPROVED THE APPOINTMENT OF THREE (3) APPLICANTS TO THE 2021-2022 DOWNEY YOUTH COMMISSION TO FILL CURRENT VANCANCIES: Administration.
STAFF MEMBER COMMENTS: None.
ADJOURNMENT
Mayor Frometa adjourned the Regular City Council Meeting at 9:23 p.m. in memory the lives lost due to COVID-19.
MARIA ALICIA DUARTE, CMC BLANCA PACHECO
City Clerk Mayor