MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
APRIL 12, 2022
The City Council of the City of Downey held a Regular City Council Meeting on April 12, 2022, at 6:37 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Pacheco presiding.
PRESENT: Council Members:
Blanca Pacheco Mayor
Catherine Alvarez Mayor Pro Tern (excused)
Claudia M. Frometa Council Member
Mario Trujillo Council Member
ALSO PRESENT: Gilbert Livas, City Manager
Yvette M. Abich Garcia, City Attorney
Aldo E. Schindler, Deputy City Manager/Community Development Leslie Murray, 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 Dean Michael, President, Church of Jesus Christ of Latter-day Saints Downey. The Pledge of Allegiance was led by Michael Calvert, Director, Downey Chamber of Commerce.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Trujillo thanked the audience for attending the City Council meeting. He encouraged families to visit the parks while on spring break and reported visiting a park in Chapultepec, Mexico. He announced surveys for the lighting plan update have been rolled out and staff will be determining the cost of installation. He encouraged residents to participate in the Neighborhood Watch program and reported visiting the Warren High School Barristers. He congratulated FatherCon for a successful event and invited the public to attend the Downey Theatre Open House on April 16 and 19.
He commented regarding his visit to the City of Zapopan in Guadalajara, Mexico.
Council Member Frometa welcomed the audience to the City Council meeting. She acknowledged Martha Sodetani, Michael Calvert, Jeannie Wood, and Dorothy Pemberton in attendance. She emphasized the importance of civic engagement. She reported attending City of STEM and welcoming Latin American artist Willy Chirino to the Downey Civic Theatre. She congratulated the Downey Police Department and Chief Murray for participating in the Baker to Vegas Relay Challenge. She invited the public to attend Brunch with the Bunny, the Downey Theatre Open House, Downey One Day of Service, the Arbor Day Celebration, and her Town Hall meeting.
Mayor Pacheco welcomed the audience to the City Council meeting. She acknowledged Jeannie Wood in attendance. She reported attending St. Pius X - St. Matthias Academy Career Day, the Columbus High School Women Empowerment Program, the Independent Cities Conference, the City Council Minutes
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Paramount City Council Reorganization, FatherCon, and the re -opening of Stay Gallery. She requested staff research implementation of the Emergency Triage, Treat and Transport program and the FlashCAM program to address illegal dumping. She invited the public to attend Family Paint Day at Stay Gallery, the Mulch and Shredding event, the Grand Opening of the Downey Veterans Center, and the Downey Police and Fire Luncheon.
PRESENTATIONS
1. Mayor Pacheco with assistance from City Manager Livas presented a Certificate of Recognition to City employee with eight years of service, Aldo E. Schindler, Deputy City Manager/Community Development Director.
2. Mayor Pacheco presented a Proclamation in honor of Autism Awareness Month.
3. Mayor Pacheco presented a Proclamation in honor of Child Abuse Prevention Month.
4. Mayor Pacheco with assistance from Public Works Director Consunji presented a Proclamation in honor of Arbor Day.
5. Mayor Pacheco presented a Proclamation in honor of Fair Housing Month.
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 six written comments was received.
Janice Scott, resident, commented regarding the City Council and the Council District 2 vacancy.
Guillermo Tejada, resident, commented in opposition to Ojos Locos Sports Cantina.
Francisco Morales, resident, commented in opposition to Ojos Locos Sports Cantina.
Brittany Gonzalez commented in favor of Ojos Locos Sports Cantina.
Michelle Andrews, resident, commented regarding the Council District 2 vacancy.
Resident, no name provided, commented in opposition to Item No. 11.
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 regarding the public comment period, First Amendment rights, elected officials, and mask mandates.
Mike Greenspan, non-resident, commented regarding Fair Housing Month, inclusionary housing, Arbor Day, Child Abuse Prevention Month, Lunch with the Bunny, elected officials, and construction of the Downey Library.
Marcella Barba-Olmos, Downey United Against Ojos Locos, commented in opposition to Ojos Locos Sports Cantina.
Carol Daly, resident, commented in opposition to Ojos Locos Sports Cantina, family values, expansion of the dog park, and SEAACA.
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John Lacey, resident, commented regarding changes in the City, stability, City staff, and civic engagement.
Resident, no name provided, commented in opposition to Ojos Locos Sports Cantina.
Juan Martinez, resident, commented regarding the public hearing, City staff, First Amendment rights, corruption, and Ojos Locos Sports Cantina.
Lee Squire, resident, thanked the Council for the proclamation in honor of Autism Awareness Month and the wreath at the Vietnam War Memorial, and commented regarding Item Nos. 11 and 13.
BC, resident, commented in opposition to Ojos Locos Sports Cantina, crime, politics, and the effort to recall of L.A. County District Attorney Gascon.
Patricia, resident, commented in opposition to Ojos Locos Sports Cantina.
Barbaro Rodriguez, resident, commented in opposition to Ojos Locos Sports Cantina, the City Council Members, taxpayer funding, City Manager Livas, and street repairs on Florence Ave.
Resident, no name provided, commented in opposition to Ojos Locos Sports Cantina.
Miguel Rojas, resident, commented in opposition to Ojos Locos Sports Cantina.
Don Miller, resident, requested an ordinance regulating drones.
Dorothy Pemberton, resident, commented regarding staff changes, City Council, the Council District 2 vacancy, and Item No. 13.
Rodolfo Cortes Barragan, non-resident, commented regarding corruption, City staff, water rates, public engagement and the upcoming election, and Ojos Locos Sports Cantina.
RECESS/RECONVENE
Mayor Pacheco recessed the City Council meeting at 8:33 p.m. Mayor Pacheco reconvened the City Council meeting at 8:33 p.m. with Mayor Pro Tern Alvarez absent.
Alexandra Vargas, resident, commented in opposition to Ojos Locos Sports Cantina.
Carlos Arvizu, resident, commented regarding hostility in the Council Chambers, ethics leadership, and Ojos Locos Sports Cantina.
Mayor Pacheco thanked the speakers for participating in the meeting and voicing their concerns.
She asked City Manager Livas to explain the City's position in relation to the Ojos Locos Sports Cantina and what the Planning Commission approved.
City Manager Livas clarified the misconception that the City invited the business to the City. He stated the business is allowed by right under the Zoning Code. He shared the Planning Commission's purview was not to allow the business into the City but to permit remodeling and limited entertainment and stated that the City does not have the authority to deny the business. He shared that the City is unable to buy out the lease as the City would need to spend millions of dollars to enter a 20-year lease.
He added the City attempted to place guardrails on the business and prevent operations similar to those in Texas. He commented regarding the City's efforts to bring family -oriented businesses such as Kaiser City Council Minutes
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and PIH to Downey and stated the City has placed different conditions on use of this space with emphasis on security, adopting an ordinance requiring conservative attire, and will enact zero -tolerance enforcement by the Code Enforcement Division and the Police Department for any violations. He noted the City cannot deny the business but does have policing power to ensure compliance with City's ordinances.
Having no one else, Mayor Pacheco closed public comment on Agenda, Consent Calendar and Non -Agenda Items.
PUBLIC HEARINGS
1. ORDINANCE TO ESTABLISH AN INCLUSIONARY HOUSING PROGRAM: Community Development.
INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE I OF THE DOWNEY MUNICIPAL CODE TO ADD CHAPTER 5
INCLUSIONARY HOUSING TO ESTABLISH STANDARDS AND PROCEDURES FOR AN
INCLUSIONARY HOUSING PROGRAM APPLICABLE TO MULTI -FAMILY DEVELOPMENT PROJECTS OF 10 UNITS OR MORE
Mayor Pacheco opened the Public Hearing at 8:48 p.m.
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Frometa, seconded by Council Member Truijllo, and carried 3-0, with Mayor Pro Tern Alvarez absent, to receive and file the proof of publication.
Deputy City Manager Schindler introduced the item and provided an overview of the history of item. He commented regarding the formation of the Affordable Housing Subcommittee in 2019 to develop strategies to meet the City's affordable housing goals and create a balanced strategy to include affordable housing in future housing developments. He shared the Subcommittee's direction to staff to research an inclusionary housing ordinance to require an affordable housing component in all future housing developments. He noted that community workshops were held in December 2021 and January 2022 to gather community input. He stated the Subcommittee met several times to discuss the issue and, in February, directed staff to draft an inclusionary housing ordinance for the City Council's consideration.
Consultant Kathe Head of Keyser Marston Associates, Inc. presented the item. She commented regarding the differing needs of each community and balancing the affordable housing need without creating a constraint to housing. She noted the legal standards requiring the City's methods not be confiscatory and not deprive an owner of a fair and reasonable return on their investment. She stated that as a result, the City must consider the real estate market when formulating goals and objectives. She explained the parameters for an Inclusionary Housing Program: the minimum project size that will trigger the requirements; target income and affordability standards; and alternative options to the requirements for on -site production of affordable housing units. She noted that the two most common options are an in -lieu fee option or an off -site production option. She shared that land dedication is a rare occurrence and while the acquisition and substantial rehabilitation of existing rental units is desirable, it is difficult to receive Regional Housing Needs Assessment (RHNA) credit.
City Manager Livas requested Ms. Head elaborate regarding RHNA. She explained the City is conducting its sixth Housing Element Update Cycle in which the State has assigned goals for provision of above moderate, moderate, and low-income housing. She stated that an inclusionary housing program is one means of reaching those goals. She shared that inclusionary housing programs tend to set the affordability levels for ownership units at the moderate -income level because moderate -income households typically have more disposable income to spend on housing related expenses. She stated City Council Minutes
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Assembly Bill 1505 allowed use of inclusionary housing programs for rental units. She commented regarding stricter affordability requirements and the State Department of Housing and Community Development (HCD) evaluation of stringent programs. She stated stricter standards can be applied to an off -site production option. She added the State has legislated density bonuses that provide benefits to developers who fulfil affordability requirements with very low-income units. She shared a prototype for development, demonstrated the affordability gap for developers selling units below market price, and reiterated the need to address affordable housing needs without creating constraints to development.
She advised an inclusionary housing requirement of 10% moderate income for ownership units based on her analysis. She shared affordability gap considerations for rental units and the effect of the density bonus. She advised an 11 % inclusionary housing requirement for rental units and noted that larger developments would be incentivized to fulfill a 15% affordable housing requirement to obtain the density bonus. She listed in -lieu fee payment options and other fulfillment options.
Ms. Head recommended a 10% moderate income requirement for ownership housing development, with the following fulfillment options: pro rata distribution by bedroom type within the market rate project; off -site development of apartment units in close proximity to the market rate project; or an in -lieu fee payment. She recommended either one cumulative 45-year covenant period or to allow the unit to be resold on an unrestricted basis with the City receiving a share of the equity appreciation and explained the latter option would provide funds to the City for an affordable housing project. She recommended an 11 % moderate income requirement for apartment development, with the following fulfillment options: pro rata distribution by bedroom type within the market rate project; off -site development of apartment units in close proximity to the market rate project; or an in -lieu fee payment only in demonstrated cases of extreme economic hardship. She explained her reasoning that apartments serve as the strongest affordable housing product. She recommended the covenant period be for as long as the property is put to a residential use with a minimum 55-year term.
Council Member Frometa asked whether Ms. Head's recommendations are included in the Ordinance. Deputy City Manager Schindler affirmed the recommendations are included in the various sections of the Ordinance. Council Member Frometa commented in support of the proposed Ordinance and thanked Ms. Head and Deputy City Manager Schindler for their hard work.
Mayor Pacheco clarified the in -lieu fees set in the Ordinance.
Mayor Pacheco, at 9:17 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 regarding the Public Hearing item.
Armando Herman, non-resident, commented regarding the City's Housing Element, the Department of Housing and Urban Development, and affordable housing.
Lee Squire, resident, commented in support of inclusionary housing requirements with rental units.
BC, resident, commented regarding affordable housing, single family homes, housing supply and demand, zoning laws, and the free market.
Mike Greenspan, non-resident, commented regarding the density bonus, deregulation, and housing prices.
Rodolfo Cortes Barragan, non-resident, commented in favor of inclusionary housing and affordability.
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RECESS/RECONVENE
Mayor Pacheco recessed the City Council meeting at 9:30 p.m. Mayor Pacheco reconvened the City Council meeting at 9:36 p.m. with Mayor Pro Tem Alvarez absent.
Juan Martinez, resident, commented regarding the need for inclusionary housing.
Having no one else, Mayor Pacheco closed the Public Hearing at 9:38 p.m.
Council Member Frometa requested Ms. Head provide a background regarding inclusionary housing ordinances. Ms. Head stated inclusionary housing ordinances have become more prevalent in the last 20 years due to increased housing needs but there is no obligation to adopt an inclusionary housing ordinance. Council Member Frometa commented regarding cities using additional tools to address the State housing mandate. Ms. Head confirmed the increasing popularity of the inclusionary housing ordinance as a tool to address RHNA requirements.
It was moved by Council Member Frometa, seconded by Council Member Truijllo, and carried 3- 0, with Mayor Pro Tern Alvarez absent, to introduce an Ordinance of the City Council of the City of Downey amending Article I of the Downey Municipal Code to add Chapter 5 Inclusionary Housing to establish standards and procedures for an Inclusionary Housing Program applicable to multi -family development projects of 10 units or more.
Mayor Pacheco thanked Council Members Frometa and Trujillo for serving on the Affordable Housing Subcommittee and Ms. Head and staff for their hard work.
CONSENT CALENDAR
Council Member Frometa pulled Items No. 9 and 11 for separate discussion City Clerk Duarte pulled Item No. 2, Special Meeting Minutes of March 29, 2022 due to lack of quorum.
It was moved by Council Member Frometa, seconded by Council Member Trujillo and carried 3- 0, with Mayor Pro Tern Alvarez absent, to approve the remainder of the Consent Calendar.
2. APPROVED MINUTES: Special Meetings of March 22, 2022: City Clerk.
3. WARRANTS ISSUED: Warrant Nos. 358390 — 358910; Payroll Wire Numbers 30004210, 30004215 — 30004216 & 30004218; EFT Nos. 11347 — 11386; Manual Wire No. 2227 — 2230; Cashier's Check No. 144; in the total amount of $5,069,382.92: Finance.
4. AUTHORIZED THE FIRE CHIEF TO EXECUTE AN AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR THE DISBURSEMENT OF THE 2020 STATE HOMELAND SECURITY (SHSP) GRANT FUNDS; ACCEPTED AND APPROPRIATED $384,186 OF 2020 SHSP FUNDS; AND,
AUTHORIZED THE FIRE CHIEF TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY: Fire.
5. ACCEPTED WORK FOR THE SOUTH DOWNEY SAFE ROUTES TO SCHOOL PROJECT; APPROVED FINAL CONSTRUCTION CONTRACT AMOUNT OF $538,348.37; AND,
AUTHORIZED THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO FILE NOTICE OF COMPLETION (CAPITAL IMPROVEMENTS PROJECT NO. 17-11): Public Works.
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6. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH CRAFTWATER ENGINEERING, INC. IN THE AMOUNT OF $1,025,740 FOR DESIGN OF FURMAN PARK STORMWATER CAPTURE AND INFILTRATION IMPROVEMENTS; AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL
AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY (CAPITAL IMPROVEMENTS PROJECT NO. 22-14): Public Works.
7. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH RKA CONSULTING GROUP, INC. THE AMOUNT OF $118,490 FOR DESIGN OF RESIDENTIAL STREETS PAVEMENT REHABILITATION — AREA 5; APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH W.G. ZIMMERMAN ENGINEERING, INC. IN THE AMOUNT OF $179,509 FOR DESIGN OF RESIDENTIAL STREETS PAVEMENT REHABILITATION — AREA 7; APPROPRIATED $160,000 IN MEASURE M BOND FUNDS IN ACCOUNT NO. 58-1-6876 AND $225,000 IN MEASURE M BOND FUNDS IN ACCOUNT NO. 58-1-6877; AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENTS; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL
AMENDMENTS TO THE AGREEMENTS AS DEEMED NECESSARY FOR THESE PROJECTS (CAPITAL IMPROVEMENTS PROJECT NOS. 22-20 & 22-21): Public Works.
8. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH KABBARA ENGINEERING IN THE AMOUNT OF $196,417 FOR DESIGN OF RESIDENTIAL STREETS PAVEMENT REHABILITATION — AREA 3; APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH RAK DEVELOPMENT, INC. DBA KREUZER CONSULTING GROUP IN THE AMOUNT OF $190,100 FOR DESIGN OF RESIDENTIAL STREETS PAVEMENT REHABILITATION — AREA 6; APPROPRIATED $250,000 IN MEASURE R BOND FUNDS IN ACCOUNT NO. 59-1-6878 AND $240,000 IN MEASURE R BOND FUNDS IN ACCOUNT NO. 59-1-6879; AUTHORIZED THE MAYOR TO EXECUTE AGREEMENTS; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE
ANY AND ALL AMENDMENTS TO THE AGREEMENTS AS DEEMED NECESSARY FOR THESE PROJECTS (CAPITAL IMPROVEMENTS PROJECT NOS. 22-22 & 22-23): Public Works.
10. APPOINTMENT TO THE PUBLIC WORKS COMMITTEE, DISTRICT 3: Mayor Pro Tern Alvarez.
ADOPTED RESOLUTION NO. 22-8063, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE APPOINTMENT OF ARTURO MONTOYA TO THE PUBLIC WORKS COMMITTEE FOR COUNCIL DISTRICT 3
12. ADOPTION OF ORDINANCE ADJUSTING THE BOUNDARIES OF CITY COUNCIL ELECTION DISTRICTS AND SECOND READING THEREOF: Administration.
ADOPTED ORDINANCE NO. 22-1480, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING DOWNEY MUNICIPAL CODE SECTION 2103 REGARDING
BY -DISTRICT ELECTIONS, ADJUSTING THE BOUNDARIES OF CITY COUNCIL ELECTION
DISTRICTS AND CONFIRMING SUCH REVISED COUNCIL DISTRICT BOUNDARIES, AS
REFLECTED IN THE ATTACHED MAP
OTHER BUSINESS
9. APPROVED A MEMORANDUM OF UNDERSTANDING WITH US VI DOWNEY, LLC, TO
FACILITATE THE TRANSFER OF THE NASA/VULTEE BUILDING FROM THE PROPERTY OWNER — US VI DOWNEY, LLC, TO THE CITY OF DOWNEY; AND, AUTHORIZED THE CITY
MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING: Community Development.
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Council Member Frometa requested City Manager Livas and Deputy City Manager Schindler provide an explanation regarding the item and the status of the project.
Mayor Pacheco added that the project had been in discussion for years and such projects may take a long time to complete.
City Manager Livas provided background information regarding the transfer of the NASA/Vultee building to the City. He stated that the developer who acquired the site was unable to move forward with developing the site and he contacted the developer to request the transfer of the site as a tax write-off.
He shared the City is able to pursue tax credits used to preserve the historical nature of the site and add features such as a STEM incubator. He stated staff is working with the Columbia Memorial Space Center to develop STEM resources and DUSD has expressed interest in partnering with the City. He noted that the building is large enough to house multiple uses such as a STEM incubator, conference center, and art museum. He stated the Memorandum of Understanding sets parameters for the discussion and negotiations between the City and the developer regarding how the City would assume the property and sets the framework for the development agreement. He advised it would be a long process and is a huge milestone for the City.
Deputy City Manager Schindler added that the contract is for a six-month term with one six-month extension. He shared the goal of completing the transaction agreement in four to six months and stated staff would engage the property owner immediately following approval of the item.
Council Member Frometa and Mayor Pacheco commented in favor of the item.
It was moved by Council Member Frometa, seconded by Council Member Truijllo, and carried 3- 0, with Mayor Pro Tern Alvarez absent, to approve a Memorandum of Understanding with US VI Downey, LLC, to facilitate the transfer of the NASA/Vultee building from the property owner— US VI Downey, LLC, to the City of Downey; and, authorize the City Manager to execute any and all amendments to the Memorandum of Understanding.
11. APPOINTMENT TO THE PLANNING COMMISSION, DISTRICT 3: Mayor Pro Tern Alvarez.
ADOPT RESOLUTION NO. 22- , A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE APPOINTMENT OF SEAN BERRIOS TO THE PLANNING COMMISSION FOR COUNCIL DISTRICT 3.
Council Member Frometa commented regarding Mr. Berrios's employer and Downey's status as a Character Counts city.
RECESS/RECONVENE
Mayor Pacheco recessed the City Council meeting at 9:53 p.m. Mayor Pacheco reconvened the City Council meeting at 9:54 p.m. with Mayor Pro Tern Alvarez absent.
Council Member Frometa commented regarding the Code of Conduct adopted by the City Council to be upheld by commissioners and board members. She expressed concerns regarding Mr. Berrios's employer and the issue with Ojos Locos Sports Cantina. She commented in opposition to the appointment of Mr.
Berrios to the Planning Commission.
Mayor Pacheco questioned Mr. Berrios's role within the organization.
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City Attorney Abich Garcia stated that the resolution must be approved by an affirmative vote of the majority of the total membership of the City Council and would require three votes in favor. She advised the City Council to take a vote for the record.
Council Member Trujillo suggested tabling the item to verify Mr. Berrios's employment.
Council Member Frometa responded Mr. Berrios's employment is listed on his social media account and has been verified by members of the community. She commented in opposition to tabling of the item and to the appointment of Mr. Berrios to the position.
City Attorney Abich Garcia stated the motion would require a majority of the quorum if the City Council chose not to make the appointment.
It was moved by Council Member Frometa, seconded by Mayor Pacheco, and carried 2-0-1, with Council Member Trujillo abstaining and Mayor Pro Tern Alvarez absent, to not make the appointment of Sean Berrios to the Planning Commission for Council District 3.
ADMINISTRATIVE REPORTS
13. REQUIRING FINGERPRINT BACKGROUND CHECKS OF CANDIDATES APPLYING TO FILL VACANCY FOR CITY COUNCIL SEAT — DISTRICT 2: Council Member Frometa.
Council Member Frometa shared comments from residents regarding criminal background checks. She stated that she requested the City Attorney research procedures in other cities and noted cities do not conduct background checks on elected officials. She commented regarding the need to conduct due diligence when making an appointment to fill a vacancy. She shared her intent to ensure the City is protected and requested City Attorney Abich Garcia elaborate on what she concluded from her research.
City Attorney Abich Garcia stated cities are able to access the State's Attorney General database on criminal history for certain purposes that are very narrow, such as employment, certifications, and licensing. She noted the City conducts background checks for employees before hire. She stated the City is not able to use the State database for candidates, election purposes, or applicants to fill a vacancy on the City Council. She provided a sample declaration form that applicants would fill out before the applicant interviews are conducted on April 27, 2022 for the Council District 2 vacancy. She stated the form asks applicants to attest under penalty of perjury that they have not been convicted of any crime that would disqualify them from holding office. She noted the time constraints in the application process and did not recommend any further action. She stated the City Clerk would institute a week deadline to have declarations returned if approved by the City Council.
Council Member Frometa inquired regarding similar actions taken by other cities. City Attorney Abich Garcia responded the City of South Pasadena's application form included a question regarding crimes that would prohibit the applicant from holding elective office and this question was included in Downey's application form to fill the Council District 2 vacancy. Council Member Frometa summarized that another city has asked a similar question in their application process and the City is not able to fingerprint applicants and elected officials. She commented regarding inclusion of the proposed form in future processes to remind applicants and candidates to declare and disclose their background.
Mayor Pacheco questioned the types of crimes that must be disclosed and clarified that misdemeanors would not need to be disclosed. City Attorney Abich Garcia affirmed her statement.
It was moved by Council Member Frometa, seconded by Council Member Truijllo, and carried 3- 0, with Mayor Pro Tern Alvarez absent, to require applicants desiring to fill the vacancy for Council District City Council Minutes
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2 to fill out and submit the Declaration of City Council Applicant Verifying No Prior Disqualifying Convictions form and return the form within one week; and, to require the form for future potential vacancies and for candidates running for elected office.
STAFF MEMBER COMMENTS
City Manager Livas announced the Council Goals and Priorities were distributed to the City Council and staff will continue to monitor the progress of these goals and priorities.
ADJOURNMENT
Mayor Pacheco adjourned the Regular City Council Meeting at 10:12 p.m. on April 12, 2022 in memory of Madeleine Albright, first female U.S. Secretary of State; Bob Earl, Kiwanian and valued resident; the lives lost in the Sacramento shooting; the victims of the Ukraine crisis; and, the lives lost due to COVID-19.
MARIA ALICIA DUARTE, CMC
City Clerk
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BLANCA PACHECO
Mayor