City Council Minutes
Regular Meeting – February 14, 2023 1
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING – OPEN SESSION
FEBRUARY 14, 2023
The City Council of the City of Downey held a Regular City Council Meeting – Open Session on February 14, 2023, at 6:38 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
Catherine Alvarez Council Member (absent)
Timothy Horn Council Member
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
Jason Chacon, Director of Parks & Recreation
Art Bashmakian, Interim City Planner
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 Council Member Horn.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Horn requested an agenda item providing an analysis for the time of the Preferred Parking Program.
Mayor Pro Tem Trujillo wished everyone a Happy Valentine’s Day and thanked the audience for attending the City Council meeting. He requested the formation of an ad hoc committee including Kathy Perez, former Mayor Rick Rodriguez, Library Director Dickow, Social Media Coordinator Munoz, and representatives from the Chamber of Commerce, Downey High School, Downtown Downey Improvement Association, and the Parks and Recreation Department to plan the Carpenters 55th Anniversary Celebration in April 2024. He requested an update regarding efforts made to bring a Trader Joe’s to Downey. He requested to discuss funding of the YMCA at the next City Council meeting. He reported attending the Downey Night Market, a visit to Southern California Resource Services for Independent Living, and the Gangs Out of Downey meeting. He commended the Public Works Department for sidewalk repairs and thanked the Council for their support. He asked residents to use the Downey App to report graffiti and highlighted the City’s prevention efforts. He thanked Kathy Perez for joining him in a visit to the Carpenters’ home.
Council Member Sosa wished everyone a Happy Valentine’s Day and thanked the audience for attending the City Council meeting. He reported attending the Contract Cities Legislative meeting, the Neighborhood Watch Block Captains meeting, the SoCalGas H2 Innovation Experience, the League of California Cities New Mayors and Council Members Academy, the Downtown Subcommittee meeting,
City Council Minutes
Regular Meeting – February 14, 2023 2
the Downey Night Market. the SELACO Board meeting, Coffee with DUSD Superintendent Dr. Garcia, the Eco-Rapid Transit Board of Directors meeting, the Gangs Out of Downey meeting, the Father-Con event, the Swearing-In Ceremony for State Senator Bob Archuleta, and a City Hall tour with Congressman Garcia. He commended Interim Director of Public Works Norris and the Public Works Department for being responsive to resident concerns.
Mayor Frometa commented regarding representing residents on various Boards and Commissions throughout the region. She acknowledged Michael Calvert, Jordan Carrillo, Carmen Gonzalez, and Alfred Tovar in attendance. She reported attending a ride-along with the Downey Police Department, the Downey Night Market, the Swearing-In Ceremony for State Senator Bob Archuleta, a Boy Scout event, the Father-Con event, and participating in a visit from Congressman Garcia. She invited the public to attend the Neighborhood Watch meetings, the Keep Downey Beautiful cleanup event, and the Downey 5K for TLC event. She requested staff research bringing Sprouts to Downey.
She acknowledged Roger Bradley in attendance.
CITY MANAGER/STAFF MEMBER COMMENTS
Interim City Manager Scott introduced Roger Bradley in attendance. He acknowledged the Council’s requests for future Agenda items regarding Preferential Parking, the Carpenters celebration, the Trader Joe’s update, Sprout’s, and the YMCA. He commented regarding the Item on the Agenda regarding appointment of the City Manager. He commented regarding installation of fencing for Manzanar Ave. neighborhood. He commented regarding traffic issues occurring on Cecilia St. and complications due to the involvement of two cities.
Mayor Frometa requested to discuss celebration of the 150th anniversary of the City’s founding.
PRESENTATIONS: None.
PUBLIC HEARINGS
1. AMENDMENT TO THE DOWNEY MUNICIPAL CODE – HISTORIC PRESERVATION ORDINANCE: Community Development.
INTRODUCE ORDINANCE NO. 23-______, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING CHAPTER 10 TO ARTICLE IX OF THE DOWNEY
MUNICIPAL CODE ESTABLISHING HISTORIC PRESERVATION STANDARDS IN THE CITY
AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
Mayor Frometa opened the Public Hearing at 7:02 p.m.
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Mayor Frometa, seconded by Mayor Pro Tem Trujillo, and carried 4-0, with Council Member Alvarez absent, to receive and file the publication.
Interim City Planner Bashmakian introduced the item. He provided a brief history of the item.
Jenna Kachour from GPA Consulting presented the staff report. She provided an overview of the process of drafting the Historic Preservation Ordinance and the components of the Ordinance. She provided the purpose of the Ordinance in implementing the General Plan by requiring a permit to demolish or modify a historic resource and protect known historic resources and those that may be subsequently identified by the City. She provided the definition of a historic resource and shared ways in which historic resources may be formally determined eligible for the National Register of Historic Places or the California Register of Historical Resources. She added properties that meet specified criteria can be designated by resolution of the Planning Commission. She stated projects defined as
City Council Minutes
Regular Meeting – February 14, 2023 3
major, including demotion, significant alteration or additions to the primary elevation would be reviewed by the Planning Commission while minor projects, including removal of non-original exterior features or replacement in kind of original features would be viewed by the City Planner. She def ined demolition as the complete or substantial removal of the property and demolition by neglect as severe deterioration, both willful and unintentional. She discussed the Planning Commission’s authority to review requests for demolition, major projects, appeals of minor projects, and economic hardship waivers. She provided the criteria by which the Planning Commission may designate historic resources by Resolution, including the age; association with persons or events significant in local, State, or national history; and embodiment of distinctive characteristics of a type, style, period of architecture, or method of construction. She provided the minimum maintenance requirements to keep the property watertight and structurally sound to protect the loss of historic resources. She stated requests for major/minor projects, demolition, and economic hardship waivers cannot be granted to properties that don’t meet the minimum maintenance requirements. She provided the findings required to issue a Certificate of Appropriateness for major/minor projects or demolition. She shared the purpose of the economic hardship waiver, application material required to support findings, and required findings for issuance of the waiver. She listed enforcement and remedies imposed for violations of the Ordinance including civil penalties, a temporary development moratorium on the property for up to two years from the violation, or injunctive relief to restrain a violation or cause complete or partial restoration.
Mayor Frometa thanked Ms. Kachour and inquired regarding historic preservation ordinances enacted by other cities and consideration of a dedicated Historic Preservation Commission. She noted the Ordinance gives authority to the Planning Commission and inquired regarding establishing a Historic Preservation Commission as the list of historic properties is developed further. Ms. Kachour confirmed staff reviewed historic preservation ordinances of several neighboring cities including Pasadena, Santa Monica, and Whittier as well as reviewing State guidance. She stated there is flexibility at the local level for the decision making body to be a standalone body often called a Historic Preservation Commission or Historic Review Board or for an existing board to take on that rol e. She shared the Hermosa Beach City Council serves as the city’s Historic Review Board and the San Clemente Planning Commission serves as the Design Review Board and Historic Review Board. She noted the opportunity to tailor the Ordinance to the needs and the resources of Downey such as whether the City has staff resources to serve as staff liaison for an additional board, sufficient individuals in the community willing to serve on the board, and a caseload that necessitates an additional board. She shared the State guidance does not prefer one option over the other but speaks to having a well-rounded board with community members and individuals of different professions represented. She stated inclusion of persons with training and expertise on historic preservation is not always possible.
Mayor Frometa commented regarding the complexity of the Historic Preservation Ordinance and her intent to ensure the City has the option to create a Historic Preservation Commission. Interim City Manager Scott recommended conducting a study session to discuss the topic and stated the Ordinance is a starter Ordinance which may be expanded. He stated the City does not have a full survey of historic properties and can take the opportunity to hear public input. He shared ther e are different ways to assemble a board and the Planning Commission may be too busy to take on the historic preservation caseload. He commented many cities have their Planning Commission or City Council serve as the decision making body. He stated the process is easier with members who have the expertise and noted the difficulty in finding and maintaining such members. He stated professionals working in the City may have multiple conflicts of interest and some cities pay their board member s to serve. He advised the Ordinance was brought to the City Council for introduction as a first step and more work will be done to expand the Ordinance.
Council Member Horn inquired if removal of a structure would disqualify it as a historic property.
Ms. Kachour responded if a historic resource were relocated to a compatible new site without causing damage to the building or its defining features, the building could be removed without being considered demolished. She shared sometimes buildings are moved wholly or partially deconstructed and
City Council Minutes
Regular Meeting – February 14, 2023 4
reconstructed in the new location. Council Member Horn inquired regarding the classification of a historic structure being moved to a new location. Ms. Kachour responded the City would consider why the building is significant, the setting, and whether the building is stable enough to be relocated, and handle the case on a case-by-case basis using the findings for the project based on the Secretary of the Interior’s standards for the treatment of historic properties.
Council Member Horn inquired regarding Section 9970(d)(1) where demolition is defined as the removal of a building. Ms. Kachour responded the definition hinges on whether removal and relocation are considered the same. Interim City Manager Scott added the hope is that the property owner will apply for the permit and allow staff to perform a walkthrough and discuss the opportunities to address the issue. He stated the case would likely be handled on a case-by-case basis because it is difficult to write definitions that describe every scenario. He shared the concern that property owners will act first and ask later, which is the reason staff is advising a process to follow. Council Member Horn provided the example of Harvey’s Broiler, which was being demolished without the proper permits
Mayor Pro Tem Trujillo expressed concerns regarding too much government and declaring a residence a historic home. He commented in favor of conducting surveys and his concerns regarding the impact on residences.
Mayor Frometa responded the City is not attempting government overreach and commented regarding the need for the Ordinance and historic properties that were lost because the Ordinance was not in place.
Council Member Horn inquired regarding Sections 9972-9974 of the Ordinance where authority is given to the Planning Commission following a public hearing and the only recourse would be an appeal or lawsuit. He commented in support of providing City Manager, City Attorney, or City Council authority regarding the final disposition.
Mayor Frometa concurred with Council Horn’s comments and stated while historic preservation would fall under the scope of the Planning Commission, the City Council is the final authority. Interim City Manager Scott responded the City Council would have the authority on appeal. Mayor Frometa concurred with Council Member Horn’s concerns regarding providing authority over historic preservation to the Planning Commission. Ms. Kachour responded the Planning Commission could act by Resolution and that decision could be appealed and brought before the City Council under Downey Municipal Code Section 9806. Council Member Horn expressed concerns regarding avoiding the appeal process. Interim City Attorney Langer clarified the decision would come to the City Council if appealed and a second public hearing would be held before the City Council. Council Member Horn confirmed the appeal would not be brought to an outside agency.
Council Member Sosa stated the Ordinance has been a long time coming and is a good start.
He expressed his desire for a stronger Ordinance. He stated the process would take more time and additional studies.
Mayor Frometa asked City Clerk Duarte if any written public comments were received regarding the Public Hearing item. City Clerk Duarte confirmed one written public comment was received.
Adrian Fine, Los Angeles Conservancy, commented in support of adoption of the Historic Preservation Ordinance and requested an amendment to include the formation of a Historic Preservation Commission and a historic resources survey or historic context statement.
It was moved by Mayor Frometa, seconded by Mayor Pro Tem Trujillo, and carried 4-0, with Council Member Alvarez absent, to receive and file written public comment.
City Council Minutes
Regular Meeting – February 14, 2023 5
Mayor Frometa asked if there was anyone present who would like to comment regarding the Public Hearing item.
Kathy Perez, resident, commented in support of protecting cultural and historic resources and amending the Ordinance to include a Historic Preservation Commission.
Armando Herman, non-resident, commented regarding the renovation of Rives Mansion.
RECESS/RECONVENE
Mayor Frometa recessed the City Council meeting at 7:43 p.m. Mayor Frometa reconvened the City Council meeting at 7:47 p.m. with Council Member Alvarez absent.
Mike Greenspan, non-resident, commented regarding due process, a standalone commission, characteristics of historic buildings, removal of historic properties, and the Eastman Kodak building in Santa Monica.
Resident, no name provided, commented in favor of the Ordinance, establishing a standalone commission, and Rives Mansion.
BC, resident, commented regarding the impact of adopting the Ordinance, land negotiations, the need for additional public hearings, and the Planning Commission.
Rodolfo Cortes Barragan, non-resident, commented regarding protection of offensive speech, Council Member Horn’s questions regarding the staff report, and the Planning Commission.
Having no one else, Mayor Frometa closed public comment at 7:59 p.m.
Mayor Frometa requested to amend the Ordinance to establish an arts, culture, and Historic Preservation Commission and emphasized the need to include individuals with historical knowledge and background. Interim City Attorney Langer responded the item would return to the City Council with additional language regarding creation of the new commission.
Council Member Sosa requested to clarify the motion. Interim City Manager Scott responded staff would return to the City Council with language to create the arts, culture, and Historic Preservation Commission and establish qualifications for members. He stated due to the substantive change, the item would return for first reading.
Mayor Frometa inquired whether the Council could adopt the Ordinance and add the language regarding the commission. Interim City Manager Scott recommended tabling the item with direction to staff to return to the City Council with language regarding the reviewing body.
It was moved by Mayor Frometa, seconded by Mayor Pro Tem Trujillo, and carried 4-0, with Council Member Alvarez absent, to close the public hearing at 8:02 p.m.
It was moved by Mayor Frometa, seconded by Mayor Pro Tem Trujillo, and carried 4-0, with Council Member Alvarez absent, to direct staff to amend the Ordinance with language regarding the creation of an arts, culture, and Historic Preservation Commission.
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 no written public
City Council Minutes
Regular Meeting – February 14, 2023 6
comments were received. 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 City wells, protected speech, and Item No. 19.
Mike Greenspan, non-resident, commented regarding Item Nos. 8 and 11, the race for Los Angeles Mayor, the State of Florida, and the City of Burbank.
Resident, no name provided, thanked the Downey Fire Department for bringing him back to life 10 years ago and commented in support of Item No. 11, the Police and Fire Departments, and the City Council.
BC, resident, commented regarding Rio San Gabriel Park, rehabilitations of City wells, expansion of the Columbia Memorial Space Center, Police Department equipment, public hearings, and Item No. 20.
Dorothy Pemberton, resident, commented regarding Item No. 18 and in favor of vacating the Board and Commission appointments for Council District 3 and having the Council Members select the Board and Commission Members.
Resident, no name provided, commented regarding Item No. 18, the direction of the City, and the November 2023 Election.
Lee Squire, resident, requested proclamations in honor of National Law Enforcement Appreciation Day, Black History Month, and Jewish Liberation Day,
Jeannie Wood, resident and commissioner, commented regarding her love for Downey, thanked Council Member Sosa for retaining her as Recreation and Community Services Commissioner, and thanked everyone who allows her to serve her city.
Julia Emerson, Southern California Gas Company, commented regarding the first Hydrogen Home and Microgrid in Downey, gas prices, and the California Climate Credit.
Ignacio Gonzalez, Southern California Resource Services for Independent Living, commented regarding the Disability Pride Parade and Festival and the Youth Summit, and thanked the Police Department for coming out and speaking to their youth members.
John Lacey, resident, welcomed Council Member Horn to the dais and commented regarding Item No. 18, representation of Council District 3, Valentine’s Day, Federal and State government overreach, and civic engagement.
Dee Bacus, resident, welcomed Council Member Horn and commented regarding Code Enforcement, keeping the City clean, and her love for Downey.
Rodolfo Cortes Barragan, non-resident, commented regarding social media, Council Members, and elected officials.
Manuel Ojeda, resident, expressed concerns regarding traffic issues on Cecilia St. and Orr and Day Rd.
Victoria Smith, resident, commented regarding Item No. 18 and in favor of removing the existing appointed Board and Commission Members for Council District 3 and replacing them with interim appointments.
City Council Minutes
Regular Meeting – February 14, 2023 7
Having no one else, Mayor Frometa closed public comment.
CONSENT CALENDAR
Mayor Pro Tem Trujillo abstained from Item No. 4 due to owning real property and business/financial interests in the area.
Council Member Horn abstained from Item No. 2, Regular Meeting Minutes of December 13, 2022, as he was not on the Council at the time.
It was moved by Mayor Frometa, seconded by Council Member Sosa, and carried 4-0, with Council Member Alvarez absent, to approve the Consent Calendar.
2. APPROVED MINUTES: Special Meetings of January 26 and February 3, 2023; Regular Meeting of December 13, 2022: City Clerk.
3. WARRANTS ISSUED: Warrant Nos. 365304-365820; Payroll Wire Nos. 30004312-30004315; EFT Nos. 12166 – 12217; and, Manual Wire Nos. 2339-2346 in the total amount of $7,063,495.16:
Finance.
4. ACCEPTANCE OF WORK FOR CATCH BASIN INSERT PROJECT; APPROVED FINAL CONSTRUCTION CONTRACT AMOUNT OF $78,420; AND, AUTHORIZED THE INTERIM
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE THE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 20-33): Public Works.
5. AUTHORIZED THE CITY MANAGER TO APPROVE AN AGREEMENT BETWEEN THE CITY OF
DOWNEY AND DOWNEY UNIFIED SCHOOL DISTRICT AUTHORIZING THE SCHOOL
DISTRICT ACCESS AND USE OF THE CITY OF DOWNEY UHF MUTUAL AID AND ACCESS SYSTEM: Police.
6. AUTHORIZED THE POLICE DEPARTMENT TO AMEND THE ANNUAL TYLER TECHNOLOGIES SERVICE AGREEMENT: Police.
7. APPROVED PURCHASE AND ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENT FOR PROPERTY LOCATED AT 10226 LAKEWOOD BLVD.: Public Works.
1) ADOPTED RESOLUTION 23-8139, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE PURCHASE AND ACQUISITION OF A
TEMPORARY CONSTRUCTION EASEMENT BETWEEN COTTAGE DEVELOPMENT, INC. AND THE CITY OF DOWNEY FOR PROPERTY LOCATED AT 10226
LAKEWOOD BOULEVARD PURSUANT TO THE ADOPTED MITIGATED NEGATIVE
DECLARATION FOR THE FLORENCE AVENUE AT LAKEWOOD BOULEVARD INTERSECTION IMPROVEMENT PROJECT;
2) AUTHORIZED THE MAYOR TO EXECUTE PURCHASE AGREEMENT; AND,
3) AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY FOR THE PROJECT.
8. ACCEPTANCE OF THE CALIFORNIA DEPARTMENT OF JUSTICE TOBACCO LAW ENFORCEMENT GRANT: Police.
City Council Minutes
Regular Meeting – February 14, 2023 8
1) ADOPTED RESOLUTION NO. 23-8140, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY DESIGNATING AND AUTHORIZING CERTAIN CITY
OFFICIALS TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE
PURPOSES OF ACCEPTING FUNDS FROM THE CALIFORNIA DEPARTMENT OF JUSTICE TOBACCO GRANT PROGRAM;
2) ACCEPTED THE TOBACCO LAW ENFORCEMENT GRANT; AND,
3) APPROVED THE MEMORANDUM OF UNDERSTANDING (MOU) AND DIRECT THE CITY MANAGER AND CHIEF OF POLICE TO EXECUTE THE MOU.
9. APPROVED APPOINTMENT TO THE PUBLIC WORKS COMMITTEE FOR COUNCIL DISTRICT 1: Council Member Horn.
ADOPTED RESOLUTION NO. 23-8141, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE APPOINTMENT OF CESAR ORTIZ TO THE PUBLIC WORKS COMMITTEE FOR COUNCIL DISTRICT 1
10. RESOLUTION AUTHORIZING DESTRUCTION OF CERTAIN OBSOLETE HUMAN RESOURCES DEPARTMENT RECORDS: Human Resources.
ADOPTED RESOLUTION NO. 23-8142, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE
RECORDS OF THE HUMAN RESOURCES DEPARTMENT
11. ADOPTION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY POLICE MANAGEMENT ASSOCIATION: Human Resources.
ADOPTED RESOLUTION 23-8143, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY POLICE MANAGEMENT ASSOCIATION (JULY 1, 2023 – JUNE 30, 2026)
12. ADOPTED RESOLUTION NO. 23-8144, A RESOLUTION OF THE CITY COUNCIL RESCINDING PORTIONS OF RESOLUTION NO. 4852 TO CLARIFY THAT MEMBERS OF THE RECREATION AND COMMUNITY SERVICES COMMISSION DO NOT RECEIVE COMPENSATION:
Administration.
13. RESOLUTION APPROVING APPLICATION OF THE CALIFORNIA DEPARTMENT OF WATER RESOURCES 2022 URBAN COMMUNITY DROUGHT RELIEF GRANT PROGRAM: Public Works.
ADOPTED RESOLUTION NO. 23-8145, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING APPLICATION OF THE CALIFORNIA DEPARTMENT OF WATER RESOURCES 2022 URBAN COMMUNITY DROUGHT RELIEF GRANT PROGRAM
BY THE GATEWAY WATER MANAGEMENT AUTHORITY JOINT POWERS AUTHORITY
14. APPROVED THE STREET CLOSURE APPLICATION SUBMITTED BY THE DOWNEY
CHAMBER OF COMMERCE AND LE COCO ENTERTAINMENT FOR THE CLOSURE OF A CITY OWNED PARKING LOT AND BREEZEWAY FOR “LA FERIA DEL EMPRESARIO” TO BE HELD ON FEBRUARY 26, 2023: Community Development.
City Council Minutes
Regular Meeting – February 14, 2023 9
15. APPROVED A FEE WAIVER REQUEST FROM THE ARC OF LOS ANGELES AND ORANGE COUNTY FOR USE OF THE SHOWMOBILE FOR THE 2023 ARC WALK FOR INDEPENDENCE ON MARCH 25, 2023: Council Member Trujillo.
16. APPROVED A FEE WAIVER REQUEST FROM THE DOWNEY CHAMBER OF COMMERCE FOR USE OF THE SHOWMOBILE FOR THE 2023 “LA FERIA DEL EMPRESARIO” TO BE HELD ON FEBRUARY 26, 2023: Mayor Frometa.
17. APPROVED A FEE WAIVER REQUEST FROM THE DOWNEY CHAMBER OF COMMERCE FOR USE OF THE SHOWMOBILE FOR THE 2023 DOWNEY STREET FAIRE TO BE HELD ON MARCH 18, 2023: Mayor Frometa.
ADMINISTRATIVE REPORTS: None.
Mayor Frometa announced Item No. 19 and 22 would be pulled and continued to a future City Council meeting.
18. ADOPTED RESOLUTIONS CERTIFYING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD IN COUNCIL DISTRICT 3 ON JANUARY 31, 2023, AND CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN COUNCIL DISTRICT 3 ON NOVEMBER 7, 2023 TO FILL THE VACANCY CREATED BY THE RECALL: City Clerk.
A. THAT THE CITY COUNCIL ADOPT THE FOLLOWING RESOLUTIONS ENTITLED:
1) ADOPTED RESOLUTION NO. 23-8146, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL RECALL ELECTION HELD IN COUNCIL DISTRICT 3 ON JANUARY 31, 2023, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW;
2) ADOPTED RESOLUTION NO. 23-8147, 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 COUNCIL DISTRICT 3 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;
3) ADOPTED RESOLUTION NO. 23-8148, 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,
4) ADOPTED RESOLUTION NO. 23-8149, 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.
B. PROVIDED DIRECTION ON THE APPOINTED BOARD AND COMMISSION MEMBERS SERVING TO REPRESENT CITY COUNCIL DISTRICT 3; BY MAKING A MOTION TO:
City Council Minutes
Regular Meeting – February 14, 2023 10
1) REMOVE THE EXISTING APPOINTED BOARD AND COMMISSION MEMBERS SERVING TO REPRESENT CITY COUNCIL DISTRICT 3, THANKING THEM FOR
THE THEIR SERVICE TO THE CITY AND DIRECTING STAFF TO INITIATE
PROCEEDINGS TO FILL THOSE SEATS BY APPOINTMENT OF THE CITY COUNCIL; OR
2) ALLOW THE EXISTING APPOINTED BOARD AND COMMISSION MEMBERS TO
CONTINUE TO SERVE IN THEIR ROLES REPRESENTING CITY COUNCIL DISTRICT 3 UNTIL THOSE SEATS MAY BE FILLED BY APPOINTMENT OF THE CITY COUNCIL; OR
3) ALLOW THE EXISTING APPOINTED BOARD AND COMMISSION MEMBERS TO
CONTINUE TO SERVE IN THEIR ROLES REPRESENTING CITY COUNCIL DISTRICT 3 UNTIL THE CITY COUNCIL SEAT VACANCY IS FILLED FOR DISTRICT 3 AT THE NOVEMBER 2023 SPECIAL MUNICIPAL ELECTION; OR,
4) DIRECT STAFF TO REPORT BACK AT A FUTURE MEETING WITH MORE INFORMATION BEFORE MAKING A DECISION.
Mayor Frometa requested an explanation of why the vacancy cannot be filled sooner than November 7, 2023. Interim City Attorney Langer cited Government Code 36512 which states “If the council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election.” She noted the next available election date is November 7, 2023.
City Clerk Duarte presented the staff report for Item No. 18. She stated local proponents seeking the removal of Council Member Catherine Alvarez from the Downey City Council District 3 seat filed a recall petition with the City Clerk’s Office, signature ve rification was completed by the Los Angeles County Registrar-Recorder/County Clerk’s Office, and the petition was found to be sufficient.
She shared the City Council received and filed the Certificate of Sufficiency of the recall petition results and adopted a Resolution calling for the holding of a Special Municipal Election on January 31, 2023 for the purpose of submitting the question of the recall to the voters of Council District 3. She reported the Special Municipal Recall Election was held on January 31, 2023 and canvass of the results of the Special Municipal Election was completed by the Los Angeles County Registrar-Recorder/County Clerk. The appropriate Resolution was prepared for adoption. She stated a majority of voters voting on the question relating to the recall voted in favor and Ms. Alvarez was recalled from the office of City Council Member District 3. She shared Downey City Charter Section 503, which states a vacancy caused by a recall shall be filled by the voters within the district in which the vacancy occurs and if the officer is recalled, a subsequent election shall be held to elect the officers’ replacement. She provided staff’s recommendation to adopt Resolutions certifying the results of the Special Municipal Election, giving notice of a Special Municipal Election to take place on November 7, 2023, requesting the Board of Supervisors of the County of Los Angeles to render full services related to the November 7, 2023 Special Municipal Election, and adopting regulations for candidates statements. She further provided staff’s recommendation that the City Council discuss and provide direction to staff regarding the current Board and Commission appointments for Council District 3.
Council Member Sosa inquired whether the City Council would vote separately to certify the results of the Special Election held on January 31, 2023, and direct staff regarding the Board and Commission appointments. Mayor Frometa confirmed the Council would take a motion to certify the Election results first and then discuss the Board and Commission appointments.
It was moved by Mayor Frometa, seconded by Mayor Pro Tem Trujillo, and carried 4-0, with Council Member Alvarez absent, to:
City Council Minutes
Regular Meeting – February 14, 2023 11
1) ADOPT RESOLUTION NO. 23-8146, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL RECALL ELECTION HELD IN COUNCIL DISTRICT 3 ON JANUARY 31, 2023, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW;
2) ADOPT RESOLUTION NO. 23-8147, 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 COUNCIL DISTRICT 3 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;
3) ADOPT RESOLUTION NO. 23-8148, 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,
4) ADOPT RESOLUTION NO. 23-1849, 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.
Council Member Horn stated he did not want the City Council to consider appointment of Board and Commission Members for Council District 3, and suggested an amendment to Option No. 1 or 2 that the City Council not make the appointments.
Mayor Frometa requested to confirm Council Member Horn is considering Option No. 1 or 2 and the amendment would be that the City Council not appoint to fill the Council District 3 vacancies
Mayor Pro Tem Trujillo inquired regarding the number of Board and Commission Members currently appointed to District 3. City Clerk Duarte responded the Planning Commission in District 3 has a vacancy and there is a total of 13 positions filled. Mayor Pro Tem Trujillo stated the City Council had previously opposed the appointment of Council Member Alvarez’s Commissioner and shared the other Commissioners were previously approved by the City Council. He commented in support of removing the existing appointed Board and Commissioner Members, thank them for their service to the City, and allow them to reapply for the position.
Council Member Sosa commented in support of allowing the Board and Commission Members to reapply if the Council chooses to remove them from their positions. He expressed concerns regarding the effect on quorum for Boards and Commissions if they were removed. City Clerk Duarte responded a quorum would consist of three Members for most commissions and noted the Public Works Committee has 10 Committee Members. Interim Director Norris added that quorum for the Public Works Committee would be six Members. City Clerk Duarte shared the Planning Commission seat for District 3 is currently vacant. City Clerk Duarte stated business can continue if a quorum of the Board or Commission Members attends the meetings.
Mayor Frometa commented regarding the unprecedented nature of this item and the silence of the City Charter regarding this matter. She commented regarding the Charter’s guidance regarding the seat of the recalled Council Member and the role of the residents in filling the seat. She commented
City Council Minutes
Regular Meeting – February 14, 2023 12
regarding the Board and Commission Members serving to represent District Nos. 1, 2, 4, and 5. She commented in support of removing the existing appointed Board and Commission Members and thank them for their service, and leaving the seats vacant until the elected District 3 Council Member appoints new Board and Commission Members. She assured residents of District 3 that the City Council considers the needs of the entire City and they would be represented by the City Council.
Mayor Pro Tem Trujillo expressed his interest in appointing a Planning Commissioner representing Council District 3. He expressed his interest in the names of individuals serving as appointed Board and Commission Members serving Council District 3. Interim City Attorney Langer responded staff does not presently have a list with the names of District 3 Board and Commission Members and could report back with this information. Mayor Trujillo commented regarding removal of certain individuals and the unprecedented nature of the decision. He commented regarding the City Charter and noted the Board and Commission Members serve in an advisory capacity.
Mayor Frometa commented in favor of a fresh start for Council District 3.
Council Member Horn shared his perspective as a Committee Member whose Council Member vacated his position and the issue of not having a Council Member to go to with issues. He suggested directing staff to report back at a future meting with more information before making a decision if the City Council could not agree on an option.
Mayor Frometa commented regarding the time sensitive nature of the matter. She commented regarding certification of the results of the election and in favor of moving forward with the matter of the Board and Commission Members at the same time.
Council Member Horn inquired regarding the Council’s desire to make appointments to fill the vacancy.
Council Member Sosa commented in support of Council Member Horn’s point regarding Board and Commission Members needing a Council Member they can go to. He commented in favor of and selected Option No. 1 to remove the existing appointed Board and Commission Members serving to represent City Council District 3, thanking them for their service to the City and direct staff to initiate proceedings to fill those seats by appointment of the City Council.
It was moved by Mayor Frometa, seconded by Council Member Horn, and carried 4-0, with Council Member Alvarez absent, to remove the existing appointed Board and Commission Members serving to represent Council District 3, thanking them for their service to the City , and leaving the seats vacant until the November 7, 2023 Special Election.
19. CONSIDERATION OF DISCOUNTS FOR RECREATIONAL CLASSES FOR FAMILIES WITH MULTIPLE CHILDREN ENROLLED IN CITY RECREATIONAL CLASSES: Parks & Recreation.
Item No. 19 was not considered.
20. ADOPTED RESOLUTION AUTHORIZING THE ADDITION OF A THIRD POLICE CAPTAIN:
Administration.
ADOPTED RESOLUTION NO. 23-8150, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AUTHORIZING THE ADDITION OF A BUDGETED THIRD POLICE
CAPTAIN
Interim City Manager Scott provided the staff report for Item No. 20. He shared the request from Chief Murray to authorize a third Police Captain position and noted the Police Department had a third Captain, which was eliminated due to budget constraints. He commented regarding changes since the
City Council Minutes
Regular Meeting – February 14, 2023 13
time the position was eliminated and the importance of having a Captain in charge of each of the three Police Bureaus consisting of Field Operations, Administration, and Investigations. He shared the changes that have affected policing, new laws, and training requirements. He stated this is a priority for Chief Murray and concurred regarding the importance of moving forward with the item. He acknowledged the cost of adding a senior level position and discussed personnel cost savings in the current fiscal year. He commented regarding the ability to finance the position in the future budget without drawing from reserve funds. He shared his support for the item.
Chief Murray commented regarding significant changes in the makeup of the City, the profession of law enforcement and the challenges due to legislative requirements, homelessness, and mental health issues, de-escalation techniques, and training requirements. She stated the third Police Captain position has been part of the Police Department historically and each Bureau has its own Captain traditionally. She shared the vacancy was not filled due to the recession. She stated the Police Department is being taxed and prides itself on providing professional policing services. She stated she did not want service levels to change and the third Police Captain position would set the foundation moving forward. She shared the Police Department took over servicing of Los Angeles County areas at the Rancho Los Amigos property and has seen development of the Kaiser Hospital, the Downey Promenade, and the Downey Landing. She stated the three Police Captains set the foundation for staffing of the Police Department and addition of the position allows each Captain to focus on the unique challenges of their Divisions. She shared the Field Operations Bureau encompasses the Patrol Officers and Dispatch, responding to calls for service, and includes the most personnel. She stated the Detective Bureau handles follow-up investigations, travels outside of City limits and sometimes out of State, oversees arrest and search warrants, and contains Narcotics and Gang Units. She stated the Administration Bureau was hardest hit by the recession and had to reallocate resources. She shared the recent challenges fall on the Administration Division as the recent Assembly bills and Senate bills require more data collection, reporting, and transparency. She stated this requires additional work, oversight, and collaboration with the City Attorney’s Office.
It was moved by Mayor Frometa, seconded by Mayor Pro Tem Trujillo, and carried 4-0, to adopt Resolution No. 23-8150, a Resolution of the City Council of the City of Downey authorizing the addition of a budgeted third Police Captain.
21. APPOINTMENT OF CITY MANAGER AND ADOPTION OF RESOLUTION APPROVING EMPLOYMENT AGREEMENT: Human Resources.
ADOPTED RESOLUTION NO. 23-8151, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPOINTING ROGER BRADLEY AS THE CITY MANAGER AND
APPROVING EMPLOYMENT AGREEMENT
Human Resources Director McQueen presented the staff report for Item No. 21. He stated Senate Bill 1436 requires agencies to report out certain information prior to changing the compensation of benefits of Executive employees. He provided the history of the vacant City Manager position and the recruitment process. He provided Mr. Bradley’s qualifications through his experience working for various government agencies and education. He shared provisions of the employment agreement including the term, salary consistent with that of the prior incumbent, automobile allowance, retirement contribution, and fringe benefits consistent with those provided to Executive staff. He stated sufficient funding is included in the Fiscal Year 2022-2023 Budget.
It was moved by Mayor Pro Tem Trujillo, seconded by Council Member Sosa, and carried 4-0, to adopt Resolution No. 23-8151, a Resolution of the City Council of the City of Downey appointing Roger Bradley as the City Manager and approving the Employment Agreement.
22. ADOPTION OF SALARY AND BENEFITS RESOLUTION FOR EXECUTIVE MANAGEMENT, MIDDLE MANAGEMENT AND CONFIDENTIAL/EXEMPT POSITIONS: Administration.
City Council Minutes
Regular Meeting – February 14, 2023 14
ADOPT RESOLUTION NO. 23-______, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING THE SALARY AND
BENEFITS PAYABLE TO EMPLOYEES IN CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT, MIDDLE MANAGEMENT AND CONFIDENTIAL/EXEMPT; AND REPEALING PRIOR RESOLUTIONS.
Item No. 22 was not considered.
ADJOURNMENT
Mayor Frometa adjourned the Regular City Council Meeting at 9:20 p.m. in memory of the victims of the earthquakes in Turkey and Syria; and, the lives lost due to COVID-19.
MARIA ALICIA DUARTE, CMC CLAUDIA M. FROMETA
City Clerk Mayor