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03. Minutes - 01-10-23 - Regular Meeting

Downey City Council
February 28, 2023

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03. Minutes - 01-10-23 - Regular Meeting
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February 28, 2023
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Downey City Council
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Text extracted from the city's file for reading and search. Open the original on lf.downeyca.org. That file is the official record.

City Council Minutes
Regular Meeting – January 10, 2023 1

MINUTES OF THE

CITY COUNCIL OF THE CITY OF DOWNEY

REGULAR MEETING
JANUARY 10, 2023

The City Council of the City of Downey held a Regular City Council Meeting on January 10, 2023, at 6:37 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
Mario Trujillo Mayor Pro Tem
Vacant Council Member, District 1
Catherine Alvarez Council Member (excused)
Hector Sosa Council Member

ALSO PRESENT: Mark Scott, Interim City Manager
Vaniah De Rojas, Interim Assistant City Manager
Lauren Langer, Interim City Attorney
Leslie Murray, Police Chief
Dan Hurlock, Fire Chief
Ed Norris, Interim Public Works Director
Monica Ortiz, Recreation Manager
Crystal Landavazo, Interim Community Development Director Maria Rivas, Acting Assistant to the City Manager
M. Alicia Duarte, CMC, City Clerk

The Invocation was delivered by Greg Welch, Chaplain for the Downey Police Department. The Pledge of Allegiance was led by Mayor Pro Tem Trujillo.

CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;

CONFERENCE/MEETING REPORTS

Council Member Sosa welcomed the audience to the City Council meeting and wished everyone a Happy New Year. He reported attending the Christmas Caravan, the Retirement event for DUSD School Board Member Martha Sodetani, the Ribbon Cutting events for World Famous Grill and Home Field Advantage, and, the California Contract Cities Association Legislative Tour.

Mayor Pro Tem Trujillo welcomed the audience to the City Council meeting. He reported visiting Washington D.C. and Sacramento and commented regarding resident services. He requested the creation of a Council Subcommittee to campaign for a Trader Joe’s in Downey. He expressed his desire for Downey to become more business-friendly and requested staff provide a timeline to implement electronic submission of plans. He reported attending various Ribbon Cutting events in Downey.

Mayor Frometa welcomed the audience to the City Council meeting. She acknowledged Jeremy Clifton, the Downey Rose Float Association Board Members, the Downey Rose Float Court, Reggie Donahue, Michael Calvert, Alfred Tovar, Horacio Ortiz, Carrie Uva, Jeannie Wood, and Carmen Gonzalez in attendance. She reported attending the California Contract Cities Association Legislative Tour and commented regarding the importance of advocacy. She requested staff address flashing light signs at local businesses and debris at shopping centers. She requested staff ensure local stores have a locking mechanism system in place to deter removal of shopping carts.

City Council Minutes
Regular Meeting – January 10, 2023 2

Council Member Sosa requested staff research entertainment options for teens and young adults.

CITY MANAGER/STAFF MEMBER COMMENTS

Interim City Manager Scott confirmed staff will address the matters from Council Member comments. He announced Item No. 15 would be pulled. He inquired regarding changing the start time of the January 24, 2023 Regular City Council meeting to 5:30 p.m. to accommodate the City Manager applicant interviews and selection process.

Mayor Pro Tem Trujillo inquired whether the City would conduct a Closed Session meeting.

Interim City Attorney Langer stated the City can accommodate a 5:30 p.m. start time and would not hold Closed Session on January 24, 2023. The City Council concurred with a 5:30 p.m. start time.

Interim City Manager Scott stated the January 24, 2023 Council meeting would be conducted as a Special meeting.

Interim City Manager Scott announced $100 million in funding was allocated to Downey for water infrastructure projects. He shared the City Council received copies of the Annual Comprehensive Financial Report for the fiscal year ending June 30, 2022. He noted the City does not have an Audit Committee and inquired whether the City Council would like an Audit Committee to review the Report before it is printed.

PRESENTATIONS

1. Mayor Frometa presented a Certificate of Recognition to the Downey Rose Float Association for winning the Leishman Public Spirit Award at the 134th Tournament of Roses Parade.

RECESS/RECONVENE

Mayor Frometa recessed the City Council meeting at 7:18 p.m. Mayor Frometa reconvened the City Council meeting at 7:26 p.m. with Council Member Alvarez absent.

PUBLIC HEARINGS: None.

PUBLIC COMMENT ON AGENDA, CONSENT CALENDAR AND NON-AGENDA ITEMS

Mayor Frometa asked City Clerk Duarte if any written public comments were received regarding Agenda, Consent Calendar and Non-Agenda items. City Clerk Duarte confirmed one written public comment was received.

Manuel Ojeda, resident, expressed concerns regarding a curve on Cecilia St. by Orr and Day St from the City of Norwalk.

It was moved by Mayor Pro Tem Trujillo, seconded by Council Member Sosa, and carried 3-0, with Council Member Alvarez absent, to receive and file written public comment.

Mayor Frometa 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 former and current Council Members, former City staff, Item Nos. 5, 9, and 11, and free speech.

Mike Greenspan, non-resident, commented regarding religion, Item Nos. 5, 13, and 15, and elected officials.

City Council Minutes
Regular Meeting – January 10, 2023 3

Lee Squire, resident, commented regarding presentations, proclamations and flags in honor of Law Enforcement Appreciation Day, Martin Luther King Jr. Day, the civil rights movement, and Jewish Liberation Day.

Dorothy Pemberton, resident, commented regarding participation in the Special Recall Election and Council Members.

BC, resident, commented regarding restoring order, funding of the Downey Rose Float Association, the Special Recall Election, and the appointment to fill the Council District 1 vacancy.

Cheryl Van Rensselaer, resident, commented regarding Council Members and the Special Recall Election.

Manuel Ojeda, resident, commented regarding traffic issues occurring on Cecilia St. and speed limits in the surrounding neighborhood. He requested a cul de sac on Cecilia St.

Brandon Sanguily, resident, commented regarding the Special Recall Election and Council Members.

Sam Sarofeem, resident, commented regarding Council Members and requested an extension of outdoor seating for restaurants, and rising COVID-19 cases.

Christopher Rowland, resident, thanked Interim City Manager Scott for the temporary barrier installed on Manzanar Ave. and inquired regarding the timeframe for installation of a wall.

Resident, no name provided, commented regarding the Special Recall Election and Council Members.

Resident, no name provided, commented regarding the Special Recall Election and Council Members.

Rodolfo Cortes Barragan, non-resident, thanked the City Clerk and commented regarding changes to the public comment policy, the Interim City Attorney, City Commissioners, The Downey Patriot, and the direction of the City.

Jose Luis Gomez, resident, thanked Interim City Manager Scott for the temporary barrier installed on Manzanar Ave. and requested a more permanent solution.

Lily Gomez, resident, thanked the City Council for listening to the residents and expressed concerns regarding traffic and parking issues on Manzanar Ave.

Interim City Manager Scott stated staff would follow up regarding the situation on Cecilia St. He thanked residents of Manzanar Ave., and Mel Dar Ave. and explained the process for restricting use of a right of way. He addressed misinformation on social media and clarified the role of the Police Department.

Mayor Pro Tem Trujillo inquired regarding applications for permanent outdoor seating for businesses. Interim City Manager Scott responded restaurant owners may contact him to discuss permanent outdoor seating and shared the concern regarding removing K-rails from the street.

Mayor Frometa commented regarding support of the business community.

Having no one else, Mayor Frometa closed public comment.

CONSENT CALENDAR

City Council Minutes
Regular Meeting – January 10, 2023 4

Mayor Frometa announced Item No. 3 would be pulled and brought back at a future City Council Meeting.

City Clerk Duarte announced Item No. 1, Regular Meeting Minutes of September 13, 2022, would be pulled due to lack of quorum. She noted Resolutions adopted this evening would begin with the number 23 rather than 22 as listed on the posted agenda.

It was moved by Mayor Frometa, seconded by Mayor Pro Tem Trujillo, and carried 3-0, with Council Member Alvarez absent, to approve the remainder of the Consent Calendar.

1. APPROVED MINUTES: Special Meetings of December 8, 2022 and December 12, 2022: City Clerk.

2. WARRANTS ISSUED: Warrant Nos. 364378 – 364944; Payroll Wire Nos. are 30004295 & 30004299 – 30004307; EFT Nos. 12054 – 12121; and, Manual Wire Nos. 2325 – 2335, in the total amount of $7,220,578.58: Finance.

3. AWARD CONTRACT TO WILLIAMS PIPELINE CONTRACTORS, INC. IN THE AMOUNT OF $1,598,700 FOR THE CONSTRUCTION OF 3RD ST. WATER SYSTEM IMPROVEMENTS; AUTHORIZE TRANSFER OF $950,000 FROM WATER FUND CIP ACCOUNT NO. 51-1-8680 TO WATER FUND CIP ACCOUNT NO. 51-1-8676; AND, AUTHORIZE THE INTERIM PUBLIC

WORKS DIRECTOR TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF

WORK FOR THIS PROJECT DEEMED NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 22-13): Public Works.

Item No. 3 was pulled from the Consent Calendar

4. AWARDED A CONTRACT TO BEST DRILLING AND PUMP, INC. IN THE AMOUNT OF $224,340 FOR WELL NO. 24 REHABILITATION; AND, AUTHORIZED THE INTERIM PUBLIC

WORKS DIRECTOR TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF

WORK DEEMED NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 23-27): Public Works.

5. APPOINTMENT TO THE PLANNING COMMISSION, DISTRICT 2: Council Member Sosa.

ADOPTED RESOLUTION NO. 23-8130, A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF DOWNEY APPROVING THE APPOINTMENT OF MARIO GUERRA TO THE PLANNING COMMISSION FOR COUNCIL DISTRICT 2

6. APPOINTMENT TO THE PUBLIC WORKS COMMITTEE, DISTRICT 4: Mayor Frometa.

ADOPTED RESOLUTION NO. 23-8131, A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF DOWNEY APPROVING THE APPOINTMENT OF DOROTHY PEMBERTON TO THE PUBLIC WORKS COMMITTEE FOR COUNCIL DISTRICT 4

7. APPOINTMENT TO THE PUBLIC WORKS COMMITTEE, DISTRICT 4: Mayor Frometa.

ADOPTED RESOLUTION NO. 23-8132, A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF DOWNEY APPROVING THE APPOINTMENT OF RODOLFO SANDOVAL III TO THE PUBLIC WORKS COMMITTEE FOR COUNCIL DISTRICT 4

8. AUTHORIZED OFFICIALS ORDERING DEPOSITS OR WITHDRAWALS IN THE LOCAL AGENCY INVESTMENT FUND (LAIF): Administration.

City Council Minutes
Regular Meeting – January 10, 2023 5

ADOPTED RESOLUTION NO. 23-8133, A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF DOWNEY AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY

INVESTMENT FUND (LAIF)

9. ADOPTION OF A RESOLUTION AUTHORIZING SALARY AND BENEFIT CONTINUANCE

PROVISIONS FOR REGULAR FULL-TIME EMPLOYEES ACTIVATED AS MEMBERS OF THE ARMED FORCES OF THE UNITED STATES OF AMERICA: Human Resources.

ADOPTED RESOLUTION NO. 23-8134, A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF DOWNEY AUTHORIZING SALARY AND BENEFIT CONTINUANCE PROVISIONS

FOR REGULAR FULL-TIME EMPLOYEES ACTIVATED AS MEMBERS OF THE ARMED

FORCES OF THE UNITED STATES OF AMERICA

10. AUTHORIZED STREET CLOSURES AT QUILL DR. BETWEEN OLD RIVER SCHOOL RD. AND MORNING AVE., ON RICHEON AVE. BETWEEN QUILL DR. AND HONDO ST., AND ON RIVES AVE. BETWEEN HONDO ST. AND LEEDS ST. FOR THE 11TH ANNUAL 5K FOR TLC EVENT ON SATURDAY, FEBRUARY 25, 2023: Parks & Recreation.

11. RECEIVED AND FILED AN UPDATE REGARDING COVID-19: Fire.

ADMINISTRATIVE REPORTS

12. ADOPTED THE 2023 LEGISLATIVE PLATFORM AND AUTHORIZED THE MAYOR (OR MAYOR PRO TEM IN THE MAYOR’S ABSENCE) TO SIGN POLICY AND POSITION LETTERS WITHIN THE GUIDELINES OF THE PLATFORM: Administration.

Interim Assistant City Manager De Rojas presented the staff report. She stated the City routinely participates in State and Federal legislative processes to protect and promote the City’s interests or priority issues, legislation, and regulatory matters. She stated the updates from the 2022 Legislative Platform related to housing, homelessness, and public safety, which were expressed by the City Council as areas of interest. She noted the document emphasizes the Council’s agreement on priority issues and facilitates timely responses during legislative session. She stated it does not preclude the consideration of additional legislative matters arising throughout the year. She listed the guiding principles informing the 2023 legislative platform are preservation of local control, promotion of fiscal stability, support of funding opportunities, and non-interference in matters outside the City’s purview.

She shared City staff and legislative advocates closely monitor and provide updates on important legislative matters upon which the City has an established interest or stated position. She stated the City Manager’s designee would be authorized to prepare a position letter for the Mayor’s signature on behalf of the City and shared its importance due to the need to prepare position letters and inform the State Lobbyist on the City’s position before the matter is presented to the State committee. She added the Mayor would be able to sign position letters so the item does not need to be brought to a City Council meeting. She stated any item not addressed in the adopted legislative platform or any discussion necessary would be brought before the City Council for direction. She noted the City’s success in obtaining State and Federal funding due to the leadership of the City Council and staff working with Federal representatives.

Mayor Frometa commented regarding the legislative platform and advocacy through the League of California Cities and the Contract Cities Association.

Mayor Pro Tem Trujillo requested staff notify the City Council when the Mayor signs policy and position letters.

It was moved by Mayor Frometa, seconded by Mayor Pro Tem Trujillo, and carried 3-0, with Council Member Alvarez absent, to adopt the 2023 Legislative Platform and authorize the Mayor (or

City Council Minutes
Regular Meeting – January 10, 2023 6

Mayor Pro Tem in the Mayor’s absence) to sign policy and position letters within the guidelines of the platform

13. APPROVED THE CITY COUNCIL ASSIGNMENTS TO THE INTER-GOVERNMENT AGENCIES AND SUBCOMMITTEES FOR 2023: Mayor Frometa.

Mayor Frometa commented regarding the opportunity for Council members to serve on City Subcommittees and Inter-Government agencies. She shared the importance of remaining engaged and informed on various issues impacting the City and working with neighboring cities on those issues. She noted Council Member Alvarez indicated she would not make any selections for the 2023 Assignments.

She announced she would not make an appointment to the Theatre Subcommittee as the Council is reviewing a conflict of interest question. She stated the appointment to the Theatre Subcommittee would be brought back at a future meeting.

Interim City Attorney Langer confirmed the City Attorney’s Office is reviewing a conflict of interest issue. She stated the appointment to the Theatre Subcommittee could be brought back at a later.

City Clerk Duarte commented regarding the recommendation in the Agenda Memo regarding the termination of the Website Subcommittee due to the completion of the website remodel in 2019 and termination of the Stay Gallery Subcommittee as discussion of the Stay Gallery would fall under the Arts & Culture Subcommittee.

It was moved by Mayor Pro Tem Trujillo, seconded by Council Member Sosa, and carried 3-0, with Council Member Alvarez absent, to approve the City Council Assignments to the Inter-Government Agencies and Subcommittees for 2023; and, to terminate the W ebsite Subcommittee and Stay Gallery Subcommittee.

14. RESOLUTION AUTHORIZING THE RE-CLASSIFICATION OF A POSITION IN THE CITY MANAGER’S OFFICE: Administration.

ADOPTED RESOLUTION NO. 23-8135, A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF DOWNEY AUTHORIZING THE RE-CLASSIFICATION OF THE SECRETARY POSITION TO EXECUTIVE SECRETARY IN THE CITY MANAGER’S OFFICE

Interim City Manager Scott commented regarding the structure of the City Manager’s Office and the ranking of the Secretary position within the City Manager’s Office compared to the ranking of the Executive Secretary position in other City Departments. He commented regarding his request to reclassify the Secretary position to Executive Secretary and asked for the Council’s support for this item.

Mayor Pro Tem Trujillo commented that most cities have an Executive Secretary for the City Manager and inquired regarding the City Manager’s team. Interim City Manager Scott responded the City’s Manager Office includes the City Manager, Assistant City Manager, Assistant to the City Manager, Management Analyst, and Social Media Coordinator. Interim Assistant City Manager De Rojas added the Secretary position supports the City Manager’s Office, City Attorney’s Office, City Clerk’s Office, and City Council’s Office.

City Council Minutes
Regular Meeting – January 10, 2023 7

It was moved by Mayor Pro Tem Trujillo, seconded by Mayor Frometa, and carried 3-0, with Council Member Alvarez absent, to adopt Resolution No. 23-8135, a Resolution of the City Council of the City of Downey authorizing the re-classification of the Secretary position to Executive Secretary in the City Manager’s Office.

15. AUTHORIZE THE ADDITION OF A THIRD POLICE CAPTAIN: Administration.

ADOPT RESOLUTION NO. 23-______, A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF DOWNEY AUTHORIZING THE ADDITION OF A BUDGETED THIRD POLICE CAPTAIN.

Item No. 15 was not considered.

ADJOURNMENT

Mayor Frometa adjourned the Regular City Council Meeting at 8:31 p.m. in memory of Riverside Sheriff Deputy Isaiah Cordero killed in the line of duty; the Apollo 1 Astronauts; the STS-51-L Challenger Space Shuttle Crew; the STS-107 Columbia Space Shuttle Crew; and, the lives lost due to COVID-19.

MARIA ALICIA DUARTE, CMC CLAUDIA M. FROMETA
City Clerk Mayor

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