City Council Minutes
Regular Meeting – November 16, 2021 1
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
NOVEMBER 16, 2021
The City Council of the City of Downey held a Regular City Council Meeting on November 16, 2021, at 6:45 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 (left at 12:02 a.m.)
Sean Ashton Council Member
Mario Trujillo Council Member
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 Pastor Alex Vargas. The Pledge of Allegiance was led by Chief Milligan.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Trujillo requested a report on the status on the refurbishing of Rives Mansion.
He requested staff identify three intersections with the highest rate of accidents and the plan for accident reduction. He asked staff to research providing a community garden.
Council Member Alvarez reported attending the Veterans Day Ceremony. She clarified past statements she made regarding the American Flag. She commented regarding language inclusion for limited English proficiency speakers.
Mayor Pro Tem Pacheco acknowledged Dr. John Garcia, Martha Sodetani, Jose Rodriguez, Michael Calvert, and Jeannie Wood in attendance. She reported attending the grand opening of Stand- Up Comedy Club, the Veterans Day Ceremony, the Sound the Alarm event, and a meeting with DUSD.
She invited the public to attend the City’s 65th Anniversary event, the Groundbreaking Ceremony for the Residential Street Rehabilitation program on 3rd St. and Smallwood Ave., the Groundbreaking Ceremony for the Solar Energy Improvements project, the Measure S Thank You Celebration, the Downey Promenade Tree Lighting Ceremony, the Holiday Parade on Downey Ave., the City’s Tree Lighting Ceremony, and the Downey Holiday Caravan. She asked the public to follow the City’s social media platforms for more information. She wished the public a Happy Thanksgiving.
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Council Member Alvarez requested an update regarding the traffic incident report she requested from staff.
Mayor Frometa acknowledged Jennifer Robbins, Dr. Rani Bertsch, Dr. Wayne Shannon, former Mayor Dr. Roger Brossmer, Henry Ceja, Jeannie Wood, Nolveris Frometa, and former Mayor Rick Trejo in attendance. She commented regarding past events and the cancellation of the November 23 Regular City Council meeting. She wished the public a Happy Thanksgiving. She reported attending the Veterans Day Celebration. She announced the opening of the Downey Veterans Support Center in January 2022. She asked the public to follow the City’s social media platforms. She reported attending a tour of the Downey View Apartments with Congresswoman Roybal-Allard. She requested continuous speed enforcement and code enforcement regarding trash and illegal dumping. She asked staff to research the installation of lighting at Furman Park.
Council Member Trujillo acknowledged Horacio Ortiz and Karen Trejo in attendance. .
PRESENTATIONS
1. Mayor Frometa presented the Mayor’s Legacy Award to Downey Unified Elementary and Middle School Principals.
2. Mayor Frometa presented the Mayor’s Champion Award to Nick Velez, Save the Brave.
3. Mayor Frometa presented the Mayor’s Champion Award to the Downey Arts Coalition.
RECESS/RECONVENE
Mayor Frometa recessed the City Council meeting at 7:44 p.m. Mayor Frometa reconvened the City Council meeting at 7:48 p.m. with all Council Members present.
4. Mayor Frometa, with assistance from City Manager Livas, presented a Certificate of Recognition of Retiring Employee with 28 years of service – Dean Milligan, Chief, Downey Police Department.
PUBLIC HEARINGS
1. DISCUSSED PROPOSED HOMELESS PREVENTION PROGRAM AND STATE OF CALIFORNIA PERMANENT LOCAL HOUSING ALLOCATION FUNDING: Administration.
1) DISCUSSED THE PROPOSED HOMELESS PREVENTION PROGRAM; AND, 2) ADOPTED RESOLUTION NO. 21-8045, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AUTHORIZING THE APPLICATION AND ADOPTING THE PERMANENT
LOCAL HOUSING ALLOCATION PLAN FOR THE PERMANENT STATE OF CALIFORNIA
LOCAL HOUSING ALLOCATION PROGRAM
Mayor Frometa opened the Public Hearing at 8:03 p.m.
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Mayor Frometa, seconded by Mayor Pro Tem Pacheco, and carried 5-0, to receive and file the proof of publication.
City Manager Livas shared that Council Member Trujillo requested staff develop a safety net for residents who would be affected by the expiration of the State’s eviction moratorium.
Assistant to the City Manager De Rojas presented the staff report. She p rovided a timeline of tenant eviction protections, obligations of landlords seeking to evict a tenant for failure to pay rental debt due to a COVID-19 related financial hardship, and recent action of the L.A. County Board of
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Supervisors regarding no-fault eviction protection. She provided information regarding three rental assistance programs: the California COVID-19 Rent Relief Program, the Los Angeles County Assistance Program, and the City of Downey Rental Assistance Program. She shared the funding allocation, number of households assisted, and the extensive outreach performed for the Downey Rental Assistance Program. She provided an overview of the City’s homeless prevention services through the allocation of HOME funds, CDBG funds, CARES Act funds, and the hosting of housing fairs. She shared the City’s homeless outreach efforts through the Homeless Action Plan, partnerships with service providers, coordination of clean-ups, and proactive response from City staff. She stated that the Police Department utilizes a Homeless Outreach Team, Mental Evaluation team, homeless encampment clean-ups, mental health services, child services, substance abuse, and E.R. services to assist the homeless population. She shared the number of requests for assistance and the actions taken to assist those individuals. She noted that the service providers partnered with the City have not seen an increase in the requests for service and that partner agencies are monitoring for any increases and would notify the City if such an increase occurs.
Ms. De Rojas shared staff’s proposed Homeless Prevention Program utilizing grant funds from the State’s Permanent Local Housing Allocation (PLHA) Program. She stated that the program would require the City to submit an application to the Department of Housing and Community Development with a 5-Year Plan for the funds. She stated the current plan provides $1 million in funding to nonprofit organizations to continue rapid rehousing, rental assistance, and support case management services for the first two years and $2.1 million in funding to be used toward predevelopment costs in partnership with Supervisor Hahn’s efforts to enhance transitional housing at the Rancho Los Amigos campus.
Mayor Frometa inquired regarding the requests for assistance since November 1 and the number of applications for rental assistance. Ms. De Rojas responded that staff has been monitoring requests since the expiration of the eviction moratorium and has not seen an increase in requests other than the seven requests for assistance through the Housing Division. Deputy City Manager Schindler responded that Community Development staff tracks requests on a weekly basis throughout the life of the Rental Assistance Program and has not noted a spike in requests in the last quarter. City Manager Livas added that the City is working to allocate additional funding for homelessness prevention. He stated the funding serves as a third safety net for those who may not be eligible for State assistance.
He noted staff would analyze the program and return to the City Council for funding re-allocation if the need is determined.
Mayor Frometa questioned whether the application for the PLHA grant requires demonstration of need to be awarded funding. Ms. De Rojas responded the PLHA grant is a noncompetitive grant for the purpose of providing affordable housing stock and homeless prevention services. She stated receipt of grant funding requires submittal of an application and a 5-Year Plan. She added that funding for this grant derives from Senate Bill 2, which creates funding from real estate transactions specifically for affordable housing and homeless prevention.
Council Member Alvarez inquired regarding the number of applications for the Housing is Key Program and expressed concern that residents have applied for the Program instead of the City’s Rental Assistance Program. Ms. De Rojas responded 643 households have been assisted, with an average of $11,191 provided to Downey households and a combined total of $7,196,064 provided.
Council Member Ashton questioned whether the City is required to contribute for residents to qualify for the PLHA grant. Ms. De Rojas responded the City is not required to contribute and funding is provided in full by the State.
Council Member Trujillo thanked staff and commented in favor of proactive homeless prevention. He emphasized the need for residents to be aware of rental assistance through the City.
Mayor Frometa 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
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confirmed no written comments were received. Mayor Frometa asked if there was anyone present who would like to comment on the Public Hearing item.
Mike Greenspan, non-resident, commented in opposition to the item, LAHSA, and PATH.
Armando Herman, non-resident, commented in opposition to the item.
BC, resident, commented in opposition to the item and government assistance.
Juan Martinez, resident, commented in support of the item, promotion of the City’s Rental Assistance Program via social media platforms, and an eviction moratorium.
Rodolfo Cortes Barragan, non-resident, commented in support of the item and housing as a human right.
Having no one else, Mayor Frometa closed the Public Hearing at 8:39 p.m.
It was moved by Mayor Frometa, seconded by Council Member Ashton, and carried 5-0, to adopt Resolution No. 21-8045, a Resolution of the City Council of the City of Downey authorizing the Application and adopting the Permanent Local Housing Allocation Plan for the Permanent State of California Local Housing Allocation Program.
CONSENT CALENDAR
Mayor Pro Tem Pacheco abstained from Item No. 3 due to the proximity to her residence.
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.
Mike Greenspan, non-resident, commented regarding Item No. 3, 5, and 6.
Armando Herman, non-resident, commented regarding Item Nos. 3, 5, and 6.
Juan Martinez, resident, commented in opposition to Item No. 6 and expressed concerns regarding First Amendment rights and community engagement.
BC, resident, commented in support of Item No. 6.
Speaker, no name provided, commented in support of Item No. 6.
Lourdes Cotaya, resident, commented in support of Item No. 6.
Rodolfo Cortes Barragan, non-resident, commented in opposition to Item No 6, the constitutionality of the Ordinance, and the distance requirement.
Having no one else, Mayor Frometa closed public comment.
Council Member Alvarez pulled Item No. 6 for separate discussion.
It was moved by Mayor Frometa, seconded by Mayor Pro Tem Pacheco, and carried 5 -0, to approve the remainder of the Consent Calendar, with Mayor Pro Tem Pacheco abstaining from Item No. 3.
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2. WARRANTS ISSUED: Warrant Nos. 355566 – 355754; Payroll Wire Numbers 30004168 & 30004171 – 30004173; EFT Nos. 11027 – 11055 in the total amount of $2,100,111.24: Finance.
3. 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 Works.
4. APPOINTMENT TO THE GREEN TASK FORCE, DISTRICT 5: Council Member Trujillo.
ADOPTED RESOLUTION 21-8046, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING THE APPOINTMENT OF ISAAC COLINDRES TO THE GREEN TASK FORCE FOR COUNCIL DISTRICT 5
5. INTRODUCED ORDINANCE FOR MANDATORY ORGANIC WASTE DISPOSAL REDUCTION:
Public Works.
INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING CHAPTER 10 TO ARTICLE V OF THE DOWNEY MUNICIPAL CODE FOR
MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
Council Member Alvarez inquired whether the organic waste disposal reduction would apply to apartment residents. Director Consunji responded Senate Bill 1383 applies to single-family homes, apartments and multi-family residences, and commercial businesses. Council Member Alvarez questioned what would occur in the case of noncompliance. Director Consunji responded the Ordinance provides inspection, auditing, and monitoring requirements and enforceable provisions. He stated noncompliance would be subject to administrative citations. Mayor Frometa added that Senate Bill 1383 requires cities to adopt ordinances with an enforcement element and issue penalties for noncompliance by January 1, 2024 and emphasize education and compliance prior to enforcement activities by City staff.
Council Member Alvarez thanked Mayor Frometa and shared her intent to clarify the issue for residents who may not understand the new law.
Council Member Ashton inquired regarding the start date for organic waste disposal reduction.
Director Consunji confirmed organic waste disposal reduction would begin January 1, 2022. Council Member Ashton requested to confirm whether CalMet would provide an additional bin for recycled items. Director Consunji responded the City would have a three-container system, with a green bin for green waste and organic waste.
Keep Downey Beautiful and Recycling Coordinator Carol Rowland stated the City is working with CalMet to develop a pilot program involving 300-400 homes in April 2022 and a full program rollout in 2023. She shared the City would have a campaign to educate the community, a website for information on SB 1383, and a report from CalMet with additional information.
Council Member Ashton inquired whether use of the green bin for organic waste would affect rules for disposal of yard waste. Ms. Rowland responded plants such as yucca plants and cacti are not considered yard waste because they cannot be processed in the same manner as yard landscaping and pruning and must be disposed of with regular waste. She confirmed green waste will be combined with organic waste.
Council Member Trujillo inquired regarding the location of the organic waste pilot program. Ms.
Rowland responded CalMet chose to conduct the pilot program with homes within the boundaries of 7th St. and Firestone Blvd. and Paramount Blvd. and Rives Ave.
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OTHER BUSINESS
6. ADOPTED ORDINANCE REGULATING TARGETED RESIDENTIAL PICKETING: Mayor Frometa.
ADOPTED ORDINANCE NO. 21-1472, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING CHAPTER 13 (“TARGETED RESIDENTIAL PICKETING”) OF ARTICLE IV (“PUBLIC WELFARE, MORALS, AND POLICY”) OF THE DOWNEY
MUNICIPAL CODE TO ESTABLISH DISTANCE REQUIREMENTS FOR TARGETED
RESIDENTIAL PICKETING
Council Member Alvarez commented regarding targeted residential picketing occurring in favor of an eviction moratorium, the importance of listening to constituents, and equal treatment of both sides.
Mayor Frometa stated the intent to protect future individuals who may be impacted by targeted residential picketing and shared other cities that have adopted similar measures to balance free speech and the protection of residents. She reiterated that the Ordinance is not a result of the targeted residential picketing advocating for an eviction moratorium.
Council Member Ashton commented regarding limiting the time of targeted residential picketing rather than the distance. He expressed concern regarding enforcement of the restrictions. City Attorney Abich Garcia responded that time restrictions were considered but City Prosecutor Eckart opined that they may not be legally defensible and advised the City to move forward with the distance requirement.
It was moved by Mayor Pro Tem Pacheco, seconded by Mayor Frometa, and carried 3-2, with Council Members Alvarez and Ashton voting no, to adopt Ordinance No. 21-1472, an Ordinance of the City Council of the City of Downey adding Chapter 13 (“Targeted Residential Picketing”) of Article IV (“Public Welfare, Morals, and Policy”) of the Downey Municipal Code to establish distance requirements for targeted residential picketing.
ADMINISTRATIVE REPORTS
7. DISCUSSED THE APPOINTMENT OF THE CITY OF DOWNEY’S REPRESENTATIVE TO THE
GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT BOARD OF TRUSTEES TO BEGIN JANUARY 3, 2022 FOR A TWO (2) OR FOUR (4) YEAR TERM: City Clerk.
City Clerk Duarte presented the staff report. She shared that Robert Kiefer has served three two-year terms as the City’s representative to the Greater Los Angeles County Vector Control District.
She advised that the City Council may choose to appoint a new representative or reappoint current Trustee Kiefer to serve a two- or four-year term.
Mayor Frometa requested the recommendation from the Greater Los Angeles County Vector Control District. City Clerk Duarte responded the Greater Los Angeles County Vector Control District submitted an email expressing their support for reappointing Mr. Kiefer as the City’s representative.
Mayor Pro Tem Pacheco questioned whether Mr. Kiefer was interested in continuing as the City’s representative to the Greater Los Angeles County Vector Control District. City Clerk Duarte responded that she reached out and did not receive a response from Mr. Kiefer.
Council Member Trujillo commented in support of opening the position to a new appointee and questioned the number of years Mr. Kiefer has served. Council Member Ashton responded Mr. Kiefer has served six years as the City’s Representative.
Council Member Ashton explained that Council Members are usually appointed to serve in this capacity but Mr. Kiefer was appointed as Trustee as no Council Members were able to serve due to
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conflicting commitments. He commented regarding Mr. Kiefer’s performance as Trustee and emphasized it was up to the Council who may serve in this position.
Mayor Frometa reminded the Council that the appointment is for the full two- or four-year term with no substitutions or changes. She noted the difficulty in appointing a Council Member to the position due to the obligations from other intergovernmental committee appointments.
Council Member Trujillo commented in support of opening the position to other interested residents. He confirmed that no other Council Member was available to serve as Trustee. He emphasized the importance of the position and addressing the issue of mosquitoes in the area. He questioned whether Mr. Kiefer was interested in continuing in the role.
Council Member Alvarez commented in support of opening the position to the public and publicizing the duties of the position.
Mayor Frometa stated the appointment is for the term beginning January 3, 2022 and questioned the time frame to appoint a representative. She suggested returning with additional candidates and making the appointment at the December 14 City Council meeting. City Clerk Duarte responded that the item may be brought back to the City Council on December 14. City Manager Livas commented regarding the December 14 agenda and confirmed the item would be brought back before the Council.
Mayor Frometa asked City Clerk Duarte if there were any written comments received regarding Item No. 7. City Clerk Duarte confirmed no written comments were received. Mayor Frometa asked if there was anyone present who would like to comment on Item No. 7.
Armando Herman, non-resident, commented regarding pest control and in support of opening the position for a new appointment.
BC, resident, commented regarding mosquitoes and requirements for the appointee.
Juan Martinez, resident, commented in support of opening the position for a new appointment and methods for vector control.
Mike Greenspan, non-resident, commented regarding standing water, Anopheles mosquitoes, and prospective appointees to the position.
Rodolfo Cortes Barragan, non-resident, commented regarding maintenance of apartment complexes, public health, and climate change.
Having no one else, Mayor Frometa closed public comment on Item No. 7.
Council Member Ashton questioned whether the City has received any correspondence from the Greater Los Angeles County Vector Control District regarding Mr. Kiefer’s attendance. City Clerk Duarte confirmed no correspondence was received. Council Member Ashton noted Mr. Kiefer attended the October 12 City Council meeting in which the Greater Los Angeles County Vector Control District provided a presentation regarding the West Nile Virus.
It was moved by Council Member Trujillo, seconded by Council Member Alvarez, and carried 5- 0, to reappoint Robert Kiefer for a two-year term as the representative of the City for the Greater Los Angeles County Vector Control District Board of Trustees, pending confirmation of his desire to be reappointed; and, if Mr. Kiefer declines the appointment, authorize the City Clerk to open the position for interested residents to submit a letter of interest.
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8. DISCUSSION AND INTRODUCTION OF AN ORDINANCE AMENDING THE CITY COUNCIL MEETING RULES: Administration/City Attorney.
1) THAT THE CITY COUNCIL INTRODUCE AN ORDINANCE:
INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING DOWNEY MUNICIPAL CODE ARTICLE II, CHAPTER 1, SECTION 2105 REGULATING THE RULES OF CONDUCT FOR CITY COUNCIL MEETINGS;
OR
2) DIRECT THE CITY ATTORNEY TO MAKE FURTHER REVISIONS TO THE CITY COUNCIL MEETING RULES OF CONDUCT.
City Attorney Abich Garcia presented the staff report. She provided a background on the item and the intent of the item to increase participation and incorporate the requested changes to the City’s Meeting Rules. She stated that changes to the Meeting Rules include provisions for submittal of written public comment and participation via Zoom. She shared an additional proposal to combine the public comment period for Consent Calendar items and Administrative Report items to be heard before action is taken on Consent Calendar items and Administrative Report items. She provided the options before Council: to introduce the Ordinance with no further changes or to direct staff to make further revisions to the Council Meeting Rules of Conduct.
Council Member Ashton inquired whether the Council could both introduce the Ordinance and provide staff with further revisions. City Attorney Abich Garcia responded the Council could introduce the Ordinance and provide direction for a future ordinance.
Council Member Trujillo referenced the County’s public comment policy and requested clarification on the proposed public comment period. City Attorney Abich Garcia responded speakers would have three minutes total to comment on any items on the agenda. Mayor Frometa commented regarding the current procedure and the proposal to consolidate public comment for Consent Calendar items and Administrative Report items.
Council Member Alvarez questioned how the discussion was initiated and requested to clarify the changes to the public comment period.
Council Member Trujillo commented in support of providing one opportunity to submit public comment. He encouraged residents to call, email, or make an appointment to meet in person to discuss issues. He commented regarding balancing the rights of members of the public to free speech and the need for the City Council to conduct the meeting. City Attorney Abich Garcia responded 14 cities in the area provide one public comment period for agenda and non-agenda items that occurs at the beginning of the City Council meeting. She noted the only exception would be for public hearings, which are required to have separate public comment periods.
Mayor Pro Tem Pacheco requested to confirm that the public comment period would include consent calendar, administrative report, and non-agenda items with separate public comment periods for public hearings. City Attorney Abich Garcia confirmed her statement.
Mayor Frometa commented regarding the disruptions, the length of the City Council meetings, and the need for the City Council to conduct City business efficiently. She expressed her opposition to limiting the public to one public comment period and comment ed in favor of combining certain public comment periods.
Council Member Trujillo commented regarding the ability of constituents to contact their Council Members to discuss concerns. He commented in support of freedom of speech and the conduct of the
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City Council meeting. He emphasized the need to take action regarding disruptions during the City Council meeting and reiterated that residents are able to contact the City Council with concerns. He requested a campaign to make residents aware of how to contact their Council Members. He stated that the City Council could follow-up with residents who expressed their concerns within the public comment period. He commented regarding dissent, targeted residential picketing, and the appropriate time and place to be heard. He stated the City Council could revise the Meeting Rules if they felt the public was not being provided an avenue to be heard.
Mayor Frometa concurred with Council Member Trujillo’s statements regarding residents being able to contact Council Members and schedule meetings to discuss issues of concern. She commented regarding the conduct of certain individuals submitting public comment and possible deterrents to inappropriate behavior.
Council Member Alvarez commented regarding the responsiveness of Council Members during the Downey Tenants Union’s advocacy for an eviction moratorium. Mayor Frometa responded regarding the time and place for discussion of the issue.
Mayor Frometa asked City Clerk Duarte if there were any written comments received regarding Item No. 8. City Clerk Duarte confirmed no written comments were received. Mayor Frometa asked if there was anyone present who would like to comment on Item No. 8.
Armando Herman, non-resident, commented in opposition to Item No. 8, transparency, First Amendment rights, and the City Council.
BC, resident, commented regarding the time allotted to persons requesting language interpretation and the number of public comment periods.
Speaker, no name provided, commented regarding attendance at the City Council meeting regarding an eviction moratorium.
Juan Martinez, resident, commented regarding City Council responsiveness, City staff, targeted residential picketing, Mayoral discretion, freedom of speech, and accountability.
Mike Greenspan, non-resident, commented regarding Council Member responsiveness and freedom of speech.
Rodolfo Cortes Barragan, non-resident, commented regarding the time allotted for public comment, protesting, and Council Members.
RECESS/RECONVENE
Mayor Frometa recessed the City Council meeting at 10:12 p.m. Mayor Frometa reconvened the City Council meeting at 10:15 p.m. with all Council Members present.
Barbaro Rodriguez, resident, commented regarding Council Member responsiveness and the public comment period.
Speaker, no name provided, commented regarding the public comment period.
Speaker, no name provided, commented in support of Item No. 8 and conduct at the City Council meeting.
Having no one else, Mayor Frometa closed public comment on Item No. 8.
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Mayor Frometa commented in support of combining the public comment period to one period of four minutes for non-agenda and agenda items, except for public hearing items.
Mayor Pro Tem Pacheco commented in support of two public comment periods of three minutes each, one for agenda items and one for non-agenda items.
City Manager Livas stated that there are currently two proposals and advised the Council to vote on the first motion and proceed to the second if the first motion fails.
Mayor Pro Tem Pacheco expressed her concerns regarding abuse of the public comment period and members of the public feeling limited by the single public comment period. City Manager Livas responded members of the public typically did not use the full five-minute period when the public comment period was five minutes and added that the Council Members do have the opportunity to meet with residents to discuss concerns.
It was moved by Mayor Frometa, seconded by Council Member Trujillo, and carried 4-1, with Council Member Alvarez voting no, to draft an ordinance to provide one public comment period with a four minute per speaker limit for non-agenda and agenda items, with the exception of public hearing items.
Council Member Alvarez commented regarding the appropriate time to share opinions, the role of the City Council, and the First Amendment.
It was moved by Council Member Ashton, seconded by Mayor Pro Tem Pacheco, and carried 5- 0, to direct staff to make revisions to the City Council meeting rules allowing the public to access the City Council meetings remotely/virtually and to submit public comments in writing which may be read into the record at the discretion of the Mayor.
9. DISCUSSED THE REQUEST BY THE ARTS AND CULTURE SUBCOMMITTEE REGARDING DISPLAYING THE DIA DE LOS MUERTOS ART EXHIBIT TITLED, “OFRENDAS,” AT DOWNEY CITY HALL FOR THE PERIOD OF NOVEMBER 19, 2021 THROUGH DECEMBER 10, 2021, AND PROVIDE DIRECTION TO STAFF: Administration.
Assistant City Manager Oskoui presented the staff report. He provided an overview of the previous Hispanic Heritage Month Art Installation featured at City Hall, the proposed Dia De Los Muertos Art Exhibit titled “Ofrendas” curated by the Downey Arts Coalition and earlier displayed in the Civic Theatre Plaza, the time frame for the exhibit, and the proposed budget.
Mayor Frometa requested to confirm the fiscal impact would be $4,060. She highlighted the importance of arts and culture in the city. She commented regarding the City’s support of Stay Gallery and collaboration between Stay Gallery and other arts groups within the City. She commented regarding art displays in other cities and the need to set parameters for art exhibits. She requested t he Arts and Culture City Council Subcommittee bring its decisions to the City Council for discussion. She commented in support of the item, drawing interest in Stay Gallery, and driving traffic to Downtown Downey.
Assistant City Manager Oskoui added the item was discussed at the last Arts and Culture Subcommittee meeting and is being brought before the Council under the direction of the Subcommittee Members. He shared the Subcommittee had discussed a holistic approach to expanding arts and culture in Downey, including developing an arts master plan, utilizing the City’s resources, and opening Stay Gallery to hosting events.
Mayor Frometa commented in favor of the Hispanic Heritage Month exhibit and the Dia De Los Muertos event. She commented regarding having a space that Downey groups may access. City Manager Livas responded it would be helpful for staff to have an understanding of the Council’s
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parameters for hosting art displays in the City Hall lobby. He commented regarding the anticipated cost of hosting a display on a monthly basis and potential uses for the funding. He recommended the Arts and Culture Subcommittee develop a schedule for displays at City Hall, the number of events, and the location. He commented regarding driving activity to Stay Gallery and providing access to the public outside of the City’s hours of operation.
Mayor Frometa commented in favor of driving traffic to the Downtown area and local restaurants and enabling Stay Gallery to be open more often.
Council Member Alvarez reported the Arts and Culture Subcommittee is working on a proposal for the next year for a schedule of events and wished to submit the Dia De Los Muertos art exhibit for Council consideration. She expressed support for hosting a small display at City Hall which would direct visitors to Stay Gallery and emphasized the need to collaborate with Stay Gallery. City Manager Livas stated the Arts and Culture Subcommittee may invite organizations for collaboration, discuss the details, and bring the item to the full Council for consideration.
Mayor Frometa commented regarding being inclusive of all art.
Mayor Pro Tem Pacheco commented in support of displaying art in the lobby of City Hall.
Council Member Trujillo commented regarding the goal to display art in the lobby of City Hall.
He commented regarding the ticket price, bringing the item back to the Subcommittee, better use of Stay Gallery, and providing the Downey Arts Coalition with access to Stay Gallery. He requested staff research and provide grant funding for arts and culture. He commented in favor of the item returning to the Arts and Culture Subcommittee to review the budget and conduct additional research.
Council Member Alvarez questioned Council support for the Item. Mayor Frometa commented regarding the Council’s support for the item and support for future art exhibit events.
Council Member Ashton inquired regarding the time frame for the exhibit and noted limited time to view the art due to the holidays. He questioned whether it would be feasible to move the exhibit to after the holiday season to allow more time to view the art. Alistair Hunter of the Downey Arts Coalition stated the proposal was in response to Council Member Alvarez’s request for a Dia De Los Muertos exhibit. He shared the Coalition worked with staff and developed a new exhibit with different pieces, with 11 walls for featured artists, four walls for student artis ts, one wall for the title, narrative, history, and significance of Dia De Los Muertos, and a sculpture from artist Jorge del Toro. He commented regarding the use of art to inspire hope and heal the community.
Council Member Trujillo commented regarding the cost of the exhibit and postponing the exhibit to allow for a longer installation. Member of Downey Arts Coalition, no name provided, responded the Coalition had no objections to changing the dates of the exhibit and her understanding that the Council wished to hold the exhibit immediately. She commented in support of a longer time frame to display the art.
Council Member Ashton commented regarding increased exposure to the art. Mr. Hunter responded regarding the opportunity to promote the exhibit.
Council Member Alvarez inquired regarding holding the exhibit immediately and extending the time of the display through the end of January. Mayor Frometa responded the space will be utilized for the Mayoral Transition Ceremony so the exhibit would need to be taken down by December 10.
Council Member Alvarez proposed setting up the exhibit the day after the Mayoral Transition Ceremony through the end of January. Mayor Pro Tem Pacheco, Mayor Frometa, and Mr. Hunter expressed concerns regarding slow traffic at City Hall due to the holiday season and commented regarding increased exposure should the exhibit be held in January.
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Council Member Alvarez inquired regarding the number of days City Hall would be closed during the holiday season. City Manager Livas responded the City is closed for four days but the City receives fewer visitors during this time. He recommended holding the exhibit after the New Year.
Council Member Ashton commented regarding the timing of the exhibit and expressed his opposition to the short time frame the exhibit would be held. He commented in support of holding the exhibit in January. Mr. Hunter summarized the Downey Arts Coalition could work with Assistant City Manager Oskoui to develop a plan and schedule to hold the exhibit in January.
Mayor Frometa asked City Clerk Duarte if there were any written comments received regarding Item No. 9. City Clerk Duarte confirmed no written comments were received. Mayor Frometa asked if there was anyone present who would like to comment on Item No. 9.
Speaker, Downey Arts Coalition, commented regarding plans to collaborate with Stay Gallery, expanding use of the Downey Civic Theatre as a gallery, the upcoming Jukebox exhibit, and the cost effectiveness of art installations.
Mike Greenspan, non-resident, commented regarding planning of the Dia De Los Muertos exhibit and promotion of art and culture events.
Armando Herman, non-resident, commented regarding art.
Caesar commented in support of displaying the Dia De Los Muertos exhibit through the end of January and an inclusive definition of art.
Speaker, no name provided, commented regarding Dia De Los Muertos and inclusion of art.
BC, resident, commented in opposition to Item No. 9.
Rodolfo Cortes Barragan, non-resident, commented in support of expanding support for arts and culture in Downey.
Juan Martinez, resident, commented regarding multicultural art.
Having no one else, Mayor Frometa closed public comment on Item No. 9.
It was moved by Mayor Frometa, seconded by Council Member Ashton, carried 5-0, to approve the art exhibit titled “Ofrendas” at Downey City Hall from January 3, 2022 through January 31, 2022, direct staff to return to the Arts and Culture City Council Subcommittee to develop a schedule of exhibits, and return the schedule to the City Council for approval.
10. APPOINTED THE MAYOR PRO TEM AND MAYOR FOR 2022: City Clerk.
Mayor Frometa asked City Clerk Duarte if there were any written comments received regarding Item No. 10. City Clerk Duarte confirmed no written comments were received.
Ana Brown, resident, commented in support of appointing Mayor Frometa as Mayor Pro Tem.
Lissette Rivera, resident, commented in support of appointing Mayor Frometa as Mayor Pro Tem for 2022.
Bonnie Barler-Travers, resident, commented in support of appointing Mayor Frometa as Mayor Pro Tem.
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Mayor Frometa asked if there was anyone present who would like to comment on Item No. 10.
Armando Herman, non-resident, commented regarding ethics, the responsibilities of the Council, and constitutional rights.
Speaker, no name provided, commented regarding the Policy for the Orderly Rotation of Mayor and Mayor Pro Tem and the appointment of Mayor Pro Tem Pacheco as Mayor Pro Tem for 2021.
Mike Greenspan, non-resident, commented in opposition to appointing Mayor Pro Tem Pacheco as Mayor and Council Member Frometa as Mayor Pro Tem, election of the Mayor, and redistricting.
Resident, no name provided, commented in opposition to appointment of Mayor Pro Tem Pacheco as Mayor.
Rodolfo Cortes Barragan, non-resident, commented regarding the Council Members and appointment of Mayor Pro Tem Pacheco as Mayor.
RECESS/RECONVENE
Mayor Pro Tem Pacheco recessed the City Council meeting at 11:42 p.m. Mayor Pro Tem Pacheco reconvened the City Council meeting at 11:46 p.m. with all Council Members present.
Barbaro Rodriguez, resident, commented regarding the Council Members and transparency.
Speaker, no name provided, commented in support of appointing Mayor Pro Tem Pacheco as Mayor.
Council Member Trujillo inquired regarding the removal of a member of the audience causing a disturbance. City Attorney Abich Garcia responded the individual would not be removed unless she commits a crime.
Speaker, no name provided, commented in support of appointing Mayor Pro Tem Pacheco as Mayor and Mayor Frometa as Mayor Pro Tem, leadership, and the Council Members.
Juan Martinez, resident, commented in opposition to appointing Mayor Pro Tem Pacheco as Mayor and Mayor Frometa as Mayor Pro Tem.
Having no one else, Mayor Frometa closed public comment.
Mayor Frometa opened nominations for Mayor for 2022.
It was moved by Council Member Trujillo, seconded by Council Member Ashton, carried 5-0, to appoint Mayor Pro Tem Pacheco as Mayor for 2022.
Council Member Alvarez nominated Council Member Trujillo to be appointed as Mayor Pro Tem for 2022. Council Member Trujillo declined the nomination.
It was moved by Council Member Trujillo, seconded by Council Member Alvarez, carried 5-0, to appoint Council Member Ashton as Mayor Pro Tem for 2022.
Council Member Alvarez left the meeting at 12:02 a.m.
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Regular Meeting – November 16, 2021 14
NON-AGENDA PUBLIC COMMENT
City Attorney Abich stated that once the Council Chambers have been cleared, it is up to the Council’s discretion whether to have the Council Chambers remain cleared or to allow the audience to return upon discussion of a new item. The Council opted for the Council Chambers to remain cleared and allow speakers to enter individually.
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.
Theresa Diaz commented regarding the Brown Act and the Policy for the Orderly Rotation of Mayor and Mayor Pro Tem.
Mayor Frometa asked if there was anyone present who would like to comment on Non-Agenda items.
Armando Herman, non-resident, commented regarding the Council Members, free speech, and corruption.
Mike Greenspan, non-resident, commented regarding religious doctrines.
Resident, no name provided, commented regarding the Council Members and City staff.
Rodolfo Cortes Barragan, non-resident, commented regarding redistricting and the City Council.
Barbaro Rodriguez, resident, commented regarding the Council Members and City staff.
Juan Martinez, resident, commented regarding free speech, protesting, and the public comment period.
City Attorney Abich Garcia corrected her closed session report. She stated the evaluations were not completed and the City Council will convene a future meeting to complete the staff performance evaluations.
Having no one else, Mayor Frometa closed Non-Agenda public comment.
STAFF MEMBER COMMENTS
City Manager Livas commented regarding Chief of Police Milligan’s retirement.
ADJOURNMENT
Mayor Frometa adjourned the Regular City Council Meeting at 12:31 a.m. on November 17, 2021 in memory of Larry Holcombe, father of Downey Fire Captain David Holcombe; and, the lives lost due to COVID-19.
MARIA ALICIA DUARTE, CMC CATHERINE ALVAREZ
City Clerk Mayor Pro Tem