City Council Minutes
Special Meeting – December 8, 2022 1
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
SPECIAL MEETING
DECEMBER 8, 2022
The City Council of the City of Downey held a Special City Council Meeting on December 8, 2022, at 6:39 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Pro Tem Alvarez presiding.
PRESENT: Council Members:
Catherine Alvarez Mayor Pro Tem
Vacant Council Member District 1
Claudia M. Frometa Council Member
Donald E. La Plante Council Member
Mario Trujillo Council Member
ALSO PRESENT: Mark Scott, Interim City Manager
Vaniah De Rojas, Interim Assistant City Manager
Lauren Langer, Interim City Attorney
Brian Baker, Police Captain
Dan Hurlock, Fire Chief
Delfino Consunji, Public Works Director
Jason Chacon, Director of Parks & Recreation
Anil Gandhy, Director of Finance
Crystal Landavazo, Interim Community Development Director Maria Rivas, Interim Assistant to the City Manager
M. Alicia Duarte, CMC, City Clerk
The Invocation was delivered by former Mayor Rick Rodriguez. The Pledge of Allegiance was led by Joshua and Lucas Sosa.
WELCOME
Mayor Pro Tem Alvarez welcomed the audience attending the City Council meeting. She acknowledged former Mayors and Council Members; Commission and Board Members; Representatives from local Legislative Offices, Elected Officials from surrounding cities; and, community members in attendance.
SPECIAL ITEM OF BUSINESS
1. ADOPTED RESOLUTION NO. 22-8120, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW: City Clerk.
It was moved by Council Member La Plante, seconded by Council Member Frometa, and carried 4-0, to adopt Resolution No. 22-8120, a Resolution of the City Council of the City of Downey, California, reciting the fact of the General Municipal Election Consolidated with the Statewide General Election hold on November 8, 2022, declaring the results and such other matters as provided by Law.
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PRESENTATIONS
1. SPECIAL PRESENTATION TO OUTGOING COUNCIL MEMBER LA PLANTE.
Mayor Pro Tem Alvarez thanked Council Member La Plante for his work on the City Council and the experience he brought to the position. She commended his care for residents and dedication to serving the City. She presented a Certificate of Recognition to outgoing Council Member La Plante.
Assembly Member Blanca Pacheco acknowledged Council Member La Plante and presented him a Certificate of Recognition to commemorate his service on the City Council.
Christopher Perez, Office of Congresswoman Roybal-Allard, acknowledged Council Member La Plante and presented a Congressional Recognition to commemorate his service on the City Council.
Ivan Sulic, Office of Supervisor Hahn, acknowledged Council Member La Plante and presented a Congressional Recognition to commemorate his service on the City Council.
Council Member Juanita Martin, City of Santa Fe Springs, acknowledged Council Member La Plante and presented a Certificate of Recognition to commemorate his service on the City Council.
Michael Calvert and Carmen Gonzalez, Downey Chamber of Commerce, acknowledged Council Member La Plante and presented a Certificate of Recognition to commemorate his service on the City Council.
Board Members Sodetani, Swenson, Salomon Saldana, and Perez-Saab, and Superintendent Dr. Garcia, Downey Unified School District, acknowledged Council Member La Plante and presented a Certificate of Recognition to commemorate his service on the City Council.
Council Member La Plante also received certificates of recognition for his service from the cities of Hawaiian Gardens, Whittier, and Paramount.
Council Member La Plante thanked his Council colleagues for their kindness and collegiality. He commented regarding progress as a City and his hopes for the City to continue moving forward. He thanked City staff for their hard work and dedication. He thanked Interim City Manager Scott, Interim Assistant City Manager De Rojas, Acting Assistant to the City Manager Rivas, Executive Secretary to the City Council Delgadillo, City Clerk Duarte, and Interim City Attorney Langer for their help and support. He commented regarding the difference between a “dead end”, “not a through street”, and “no outlet” and the vehicle driven by the Fire Chief. He expressed his appreciation for the opportunity to serve the community.
2. SPECIAL PRESENTATION TO FORMER MAYOR PACHECO.
Mayor Pro Tem Alvarez congratulated former Mayor Pacheco on her election to the State Assembly. She commended her years of service to the City of Downey. She stated Assembly Member Pacheco’s leadership and advocacy for the City in the State Capitol would bring greatness to the City.
She commended Assembly Member Pacheco’s accomplishments and thanked her for her service.
Mayor Pro Tem Alvarez presented former Mayor Pacheco with a gavel plaque in recognition of her six years of service on the Downey City Council.
Christopher Perez, Office of Congresswoman Roybal-Allard, acknowledged former Mayor Pacheco and presented a Congressional Recognition to commemorate her years of service.
Ivan Sulic, Office of Supervisor Hahn, acknowledged former Mayor Pacheco and presented a Congressional Recognition to commemorate her years of service.
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Council Member Juanita Martin, City of Santa Fe Springs, acknowledged former Mayor Pacheco and presented a Certificate of Recognition to commemorate her years of service.
Michael Calvert and Carmen Gonzalez, Downey Chamber of Commerce, acknowledged former Mayor Pacheco and presented a Certificate of Recognition to commemorate her years of service.
Board Members Sodetani, Swenson, Salomon Saldana, and Perez-Saab, and Superintendent Garcia, Downey Unified School District, acknowledged former Mayor Pacheco and presented a Certificate of Recognition to commemorate her years of service.
Former Mayor Pacheco received Certificates of Appreciation in recognition of her six years of service from: Governor Newsom and the cities of Compton, Hawaiian Gardens, Lakewood, Paramount, Norwalk, and Whittier.
Former Mayor Pacheco reminisced regarding her Swearing-In Ceremony in 2016. She expressed her excitement and pride regarding her accomplishments in Downey. She congratulated Council Members Sosa and Frometa for winning their election and re-election and commented regarding their heart, passion, and dedicated service to the City. She thanked Executive Secretary Delgadillo, City Clerk Duarte, Interim Assistant City Manager De Rojas, Director Chacon, Director Dickow, Director Consunji, Acting Assistant City Manager Rivas, Interim City Manager Scott, and Interim City Attorney Langer. She thanked the Downey Police Officers, Downey Fire Department, Chief Murray, and Chief Hurlock for their work. She thanked the Downey residents for the opportunity to serve as Council Member and Mayor. She shared her joy and pleasure in serving the City. She expressed her best wishes to the Council Members as they work together for the betterment of the City.
She commended the City Council for the work they will do and thanked Hector Sosa. She thanked her mother for her support and love. She shared she would be in Downey while serving eight other cities and would represent the City well. She thanked the residents for the opportunity to serve.
3. ADMINISTRATION OF OATH OF OFFICE AND PRESENTATION OF CERTIFICATES OF ELECTION TO NEWLY-ELECTED COUNCIL MEMBERS:
Daisy Sosa administered the Oath of Office to incoming Council Member Sosa, District 2.
Council Member Sosa thanked Council Member La Plante for his stepping up as City Council Member and for his years of service to the Downey School Board. He acknowledged Assembly Member Pacheco and expressed his pride in her representation of the City in Sacramento. He commented regarding the honor of serving as a Council Member for the City he grew up in. He acknowledged his mother in the audience. He congratulated the Downey High School Vikings on two CIF championship wins. He commented regarding his service in the City through youth sports, Kiwanis, and Gangs Out of Downey. He encouraged residents to get involved in local community groups. He commented regarding the campaign process, the support he received, and his desire to serve his District. He shared his initiatives as a Council Member: stability; attracting qualified executive staff; homelessness; rising crime; speeding issues on Stewart and Gray between Downey Ave. and Brookshire Ave., the bike lane on Old River School Rd., equitable access to youth sports; and, building stronger strategic partnership with DUSD to ensure optimal opportunities for youth. He thanked Chief Hurlock and Chief Murray and commended the Downey Fire and Police Departments. He thanked everyone who helped and supported him. He acknowledged Carlos Flores, Andy Palomar, and Rigoberto Palovera who assisted him in the Downey Christmas Parade. He thanked his parents, his siblings, and his wife and two sons for their support. He thanked the District 2 residents for placing their faith in him and commented regarding having a dialogue regarding topics the community may not agree on. He pledged to lead with humility, full transparency, and to put the best interests of the City first. He asked the community to come together.
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Daniel Frometa administered the Oath of Office to incoming Council Member Frometa, District
4. Council Member Frometa thanked her family and the audience for attending the City Council meeting. She expressed her delight to serve the community for another four years and her joy in serving for the previous four-year term. She reiterated Council Member Sosa’s comments regarding the strength of the Downey community and the privilege of serving this community. She commended the quality of the Downey School District and the Police Department. She commented regarding the challenges faced by the City and unity as a community. She commended Council Member Sosa and his dedication to serving the community. She commented regarding her representation of District 4 and all of Downey. She shared her background in Downey. She commented regarding the need to move the City forward with vision and serving the interests of the residents of the entire City. She commented regarding the economic stability of the City, prudent fiscal management, and opportunities for economic development. She commented regarding students, teachers, and shaping of the next generation. She shared her commitment to serving the community and the importance of community engagement and unity. She shared her motivation for running for re-election and thanked Council Member Sosa for running for office. She commented regarding State law regarding conduct at City Council meetings.
She encouraged residents to be present and engaged. She commented regarding the election results and stated she looks forward to serving for the next four years. She expressed her appreciation to the former Mayors as the pillars of the community and congratulated Assembly Member Pacheco.
RECESS/RECONVENE
Mayor Pro Tem Alvarez recessed the City Council meeting at 7:57 p.m. Mayor Pro Tem Alvarez reconvened the City Council meeting at 8:38 p.m. with all Council Members present.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Trujillo reported attending the Veterans Day Ceremony, the Shop with a Cop event, the Downey Chamber of Commerce Christmas Parade, and many swearing-in ceremonies. He congratulated former Mayor Pacheco as the first seated legislator from Downey in the State Capitol. He congratulated L.A. County Sheriff Luna, Council Member Frometa, and Council Member Sosa on being elected. He thanked former Council Member La Plante for his service on the City Council. He wished everyone Happy Holidays.
Council Member Frometa reported attending the Downey Tree Lighting Ceremony. She thanked staff for their work and requested staff purchase a Christmas tree for future events. She reported attending the Veterans Day Ceremony and commented regarding services provided through the Military & Veteran Reintegration Center. She wished everyone Happy Holidays. She commented regarding addressing of transient activity and speeding issues. She thanked the City Commissioners, the audience, and Carrie Uva for attending the City Council meeting.
Council Member Sosa reported attending the Shop with a Cop event, the Downey Chamber of Commerce Christmas Parade, and the Downey Tree Lighting Ceremony. He expressed his pleasure in working with the City Council. He congratulated Council Member Frometa on her re-election. He thanked Interim City Manager Scott and Interim City Attorney Langer for welcoming him to the City Council and stated he looks forward to working with the City staff for the betterment of the Downey community.
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CITY MANAGER/STAF F MEMBER COMMENTS
Interim City Manager Scott commented regarding his conversations with potential City Manager candidates and the Oath of Office Ceremony demonstrating what a great community Downey is.
PUBLIC HEARINGS: None.
PUBLIC COMMENT ON AGENDA AND CONSENT CALENDAR ITEMS
Mayor Pro Tem Alvarez asked City Clerk Duarte if there were any written public comments received regarding Agenda and Consent Calendar items. City Clerk Duarte confirmed no written public comments were received. Mayor Pro Tem Alvarez asked if there was anyone present who would like to comment on Agenda and Consent Calendar items.
Armando Herman, non-resident, commented regarding Council Members, a minimum wage for healthcare workers in the City, free speech, water quality, City staff, religion, homosexuality, and City streets and sidewalks.
BC, resident, commented regarding hope and optimism, Council Members, voting in upcoming elections, openness, the Central Basin Municipal Water District, the election results, public input, and public funds.
Lee Squire, resident, commented regarding Public Comment laws, Pearl Harbor, Veterans, the newly-elected Council Members, hatred against Police Officers, and the I Have a Dream speech.
Luz Cruz commented regarding Council Members and Council candidates.
Rodolfo Cortes Barragan, non-resident, commented regarding Council Members and Council candidates.
No name provided commented regarding the election results, installation of solar panels, Council Members, Council candidates, and elected officials.
Joaquin Beltran, resident, commented regarding his background, his campaign for City Council, and Council Members.
Having no one else, Mayor Pro Tem Alvarez closed public comment.
CONSENT CALENDAR
Mayor Pro Tem Alvarez announced Item Nos. 9 and 11 would be continued to a future City Council meeting.
Council Member Sosa abstained from Item No. 2, Special Meeting Minutes of April 27, 2022; Regular Meeting Minutes of November 16, 2021, December 14, 2021, March 22, 2022, June 14, 2022, and October 25, 2022 (Closed Session) as he was not a Council Member at that time.
Council Member Frometa abstained from Item No. 16, due to her employment with an affected integrated health system.
Council Member Trujillo abstained from Item Nos. 4, 5, 6, and 7 due to owning properties in the area.
It was moved by Council Member Frometa, seconded by Council Member Trujillo, and carried 4- 0, to approve the remainder of the Consent Calendar.
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2. APPROVED MINUTES: Special Meeting of April 27, 2022; Regular Meetings of November 16, 2021, December 14, 2021, March 22, 2022, June 14, 2022, and October 25, 2022 (Closed Session): City Clerk.
3. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR
CONSTRUCTION BIDS FOR CITYWIDE BUS SIGNAL PRIORITY AND FURTHER FINDING
THAT THIS PROJECT IS EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTION 15301(C), EXISTING FACILITIES (CAPITAL IMPROVEMENT PROJECT NO. 17-07): Public Works.
4. ACCEPTED WORK FOR ALLEYS NORTH AND SOUTH OF STEWART & GRAY RD.
PAVEMENT REHABILITATION; APPROVED FINAL CONSTRUCTION CONTRACT AMOUNT OF $368,863.06; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO FILE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 22-03): Public Works.
5. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS FOR 3RD ST. WATER SYSTEM IMPROVEMENTS AND FURTHER FINDING THAT THE
PROJECT IS EXEMPT FROM THE REQUIREMENTS CONTAINED IN THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTION 15282(K) (CAPITAL IMPROVEMENT PROJECT NO. 22-13): Public Works.
6. ACCEPTED WORK FOR RESIDENTIAL STREETS PAVEMENT REHABILITATION - AREA 8; APPROVED FINAL CONSTRUCTION CONTRACT AMOUNT OF $3,553,442.44; AND,
AUTHORIZED THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO FILE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 22-17): Public Works.
7. AWARDED CONTRACT IN THE AMOUNT OF $552,252.50 TO GENTRY GENERAL ENGINEERING, INC. FOR CONSTRUCTION OF FY 2022/23 ANNUAL MISCELLANEOUS CONCRETE REPAIRS (COUNCIL DISTRICT 4), ADA AND MISCELLANEOUS IMPROVEMENTS (CITYWIDE) AND LAKEWOOD BLVD. PARKWAY 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. 23-01):
Public Works.
8. APPROVED SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS FOR WELL NO. 24 REHABILITATION AND FURTHER FINDING THAT THE PROJECT IS EXEMPT FROM THE
REQUIREMENTS CONTAINED IN THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTION 15301(D) (CAPITAL IMPROVEMENT PROJECT NO. 23-27): Public Works.
9. APPROVE AN ACCESS AGREEMENT WITH HALL STEWART AND GRAY ROAD LLC FOR
INSTALLATION OF A GROUNDWATER MONITORING WELL AT THE CITY UTILITIES YARD
FURTHER FINDING THAT THIS PROJECT IS EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTION 15301(C), EXISTING FACILITIES; AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT; AND,
AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY: Public Works.
Item No. 9 was continued.
10. AUTHORIZED THE CITY MANAGER TO APPROVE AND EXECUTE A RENEWAL AGREEMENT
WITH CTC TECHNOLOGY AND ENERGY TO CONTINUE TO CONNECT THE DOWNEY CITY LIBRARY TO THE CENIC NETWORK TO MAINTAIN PUBLIC INTERNET ACCESS; AND,
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AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AMENDMENTS TO THE AGREEMENT
OR NEW AGREEMENTS BETWEEN THE CITY OF DOWNEY AND CTC TECHNOLOGY AND ENERGY, CENIC, OR CALIFORNIA STATE LIBRARY REGARDING THE CENIC NETWORK:
Library.
11. ADOPT RESOLUTION NO. 22-______, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A COMPLETE STREETS POLICY: Public Works.
12. ADOPTED RESOLUTION NO. 22-8121, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CITY OF DOWNEY CLEAN CALIFORNIA LOCAL GRANT FOR RIO SAN GABRIEL PARK: Parks & Recreation.
13. ADOPTED RESOLUTION NO. 22-8122, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES’ ASSOCIATION – MISCELLANEOUS UNIT (APRIL 1, 2023 – MARCH 31, 2026): Human Resources.
14. ADOPTED RESOLUTION NO. 22-8123, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION (APRIL 1, 2023 – MARCH 31, 2026): Human Resources.
15. ADOPTED RESOLUTION NO. 22-8124, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ADOPTING AN UPDATED COMPREHENSIVE PAY SCHEDULE IN COMPLIANCE WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5.: Human Resources.
16. ADOPTED RESOLUTION NO. 22-8125, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL REFERENDUM ELECTION ON NOVEMBER 5, 2024 FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF DOWNEY, AN ORDINANCE AMENDING THE CITY’S MUNICIPAL CODE TO ESTABLISH A MINIMUM WAGE OF $25.00 PER HOUR FOR QUALIFYING HEALTHCARE WORKERS IN THE CITY OF DOWNEY; REQUESTING THE
COUNTY OF LOS ANGELES TO CONSOLIDATE SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION OF EVEN DATE; AND SETTING RULES AND DEADLINES FOR ARGUMENTS AND REBUTTALS FOR AND AGAINST THE ORDINANCE: City Clerk.
Item No. 11 was continued.
17. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3199.10 OF THE DOWNEY MUNICIPAL CODE RELATING TO THE
SPEED LIMITS FOR FIRESTONE BOULEVARD BETWEEN OLD RIVER SCHOOL ROAD AND THE WEST CITY LIMIT: Public Works.
ADMINISTRATI VE REPORTS
18. APPOINTED THE MAYOR PRO TEM AND MAYOR FOR 2023: City Clerk.
Mayor Pro Tem Alvarez opened nominations for Mayor Pro Tem for 2023.
It was moved by Mayor Pro Tem Alvarez, seconded by Council Member Sosa, and carried 4-0, to appoint Council Member Trujillo as Mayor Pro Tem for 2023.
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It was moved by Council Member Trujillo, seconded by Council Member Sosa, and carried 3-1, with Mayor Pro Tem Alvarez voting no, to appoint Council Member Frometa as Mayor for 2023.
19. DISCUSSED OPTIONS FOR FILLING THE COUNCIL VACANCY FOR DISTRICT 1: City Clerk.
1) ADOPTED RESOLUTIONS CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2023 TO FILL A VACANCY ON THE CITY COUNCIL FOR DISTRICT 1:
A) ADOPTED RESOLUTION NO. 22-8126, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY, CALIFORNIA, CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN CITY ELECTORAL DISTRICT 1 ON TUESDAY, NOVEMBER 7, 2023 TO FILL A VACANCY ON THE CITY COUNCIL
AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER AND THE LAWS OF THE STATE OF CALIFORNIA RELATING TO CHARTER CITIES;
B) ADOPTED RESOLUTION NO. 22-8127, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER FULL SERVICES
TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2023 TO FILL A VACANCY ON THE CITY COUNCIL; AND,
C) ADOPTED RESOLUTION NO. 22-8128, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES
STATEMENTS SUBMITTED TO THE VOTERS AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2023.
2) EITHER:
1) INITIATED THE PROCESS TO TEMPORARILY APPOINT AN ELIGIBLE SUCCESSOR FOR THE TIME PERIOD UNTIL THE NOVEMBER 7, 2023 SPECIAL MUNICIPAL ELECTION TAKES PLACE; OR
2) CHOOSE NOT TO MAKE A TEMPORARY APPOINTMENT AND LEAVE THE SEAT VACANT UNTIL THE NOVEMBER 7, 2023 SPECIAL MUNICIPAL ELECTION TAKES PLACE.
City Clerk Duarte presented the staff report. She provided staff’s recommendation to adopt Resolutions calling and giving notice of a Special Municipal Election to be held on November 7, 2023 to fill the vacancy in Council District 1, created by former Mayor Pacheco’s resignation due to her election to the State Assembly. She informed the Council of the legal requirements pertaining to the calling of a Special Municipal Election for vacancies occurring one year or more before the next General Municipal Election, State law guiding the date of the Special Election, and the purpose of the proposed Resolutions. She provided the 30-day deadline, method, and a proposed schedule for temporarily appointing an eligible successor to the City Council seat until the Special Election takes place. She shared it is common for the Council to post a Notice of Vacancy and invite applications to fill the vacancy. She stated applicants must be 18 years or older, and reside and be registered to vote in District 1 thirty (30) days immediately preceding the effective date of the vacancy. She noted the City Council may interview applicants and such interviews must be conducted at either a Regular or Special meeting which is noticed and published as a Public Hearing. She shared the appointment must also take place at a public meeting. She provided the following steps should the City Council choose to initiate the process to temporarily appoint an eligible successor. She stated the seat would remain vacant until the November 2023 Special Municipal Election if the City Council were unable to make an
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appointment before February 2, 2023. She noted the City Council may elect not to temporarily fill the vacancy and the seat would remain vacant until the voters in District 1 elect a qualified candidate to fill the seat at the Special Municipal Election on November 7, 2023.
Election Attorney Priest of Best, Best, & Krieger, announced revisions to the proposed Resolutions attached to the Staff Report. He recommended striking Section 4 referring to November 7, 2023 Election being an all mail ballot election in the Resolution calling the Election. He clarified the election will be a standard election with vote by mail ballots as well as vote centers. He recommended correction to references to Council District 5 to Electoral District 1 and removing reference to an all mail ballot election in Section 5 of the same Resolution. He recommended removal of the reference to an all mail ballot in the third recital of the Resolution requesting the County to render full services for the Election. He stated should the Council adopt the Resolutions, the City Clerk may administratively make the corrections to the language.
Council Member Frometa requested to confirm the process to temporarily appoint an eligible successor would be similar to the process for appointment to fill the District 2 vacancy. City Clerk Duarte confirmed her statement.
Council Member Trujillo requested to clarify the start of the 60-day timeline to fill the vacancy.
City Clerk Duarte responded the 60-day period started from the date former Mayor Pacheco submitted her letter of resignation which was December 4. She stated the 60th day would be February 2, 2023.
The City Council took the following action on Item No. 19, part 1:
It was moved by Council Member Frometa, seconded by Council Member Trujillo, and carried 4- 0, to adopt Resolution No. 22-8126, a Resolution of the City Council of the City of Downey, California, calling and giving notice of a Special Municipal Election to be held in City Electoral District 1 on Tuesday, November 7, 2023 to fill a Vacancy on the City Council as required by the Provisions of the City Charter and laws of the State of California relating to Charter Cities as amended; to adopt Resolution No. 22-8127, a Resolution of the City Council of the City of Downey, California, requesting the Board of Supervisors of the County of Los Angeles to render full services to the City relating to the conduct of a Special Municipal Election to be held on Tuesday, November 7, 2023 to fill a Vacancy on the City Council as amended; and, to adopt Resolution No. 22-8128, a Resolution of the City Council of the City of Downey, California, adopting regulations for candidates for elective office pertaining to Candidates Statements submitted to the voters at a Special Municipal Election to be held on Tuesday, November 7, 2023.
The City Council took the following action on Item No. 19, part 2:
It was moved by Council Member Frometa, seconded by Council Member Trujillo, and carried 4- 0, to initiate the process to temporarily appoint an eligible successor for the time period until the November 7, 2023 Special Municipal Election takes place.
OTHER BUSINESS
City Clerk Duarte called upon former Mayor Pacheco to place the Mayor and Mayor Pro Tem pins on newly appointed Mayor Frometa and Mayor Pro Tem Trujillo. Former Mayor Pacheco stated it was an honor to place the pin on incoming Mayor Frometa.
ADJOURNMENT
Mayor Pro Tem Alvarez adjourned the Special City Council Meeting at 9:46 p.m. in memory of Riverside County Sheriff Daniel Jacks Jr. and daughter Hannah Jacks, killed in a vehicle accident; and, the lives lost due to COVID-19.
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MARIA ALICIA DUARTE, CMC CLAUDIA M. FROMETA
City Clerk Mayor