City Council Minutes
Regular Meeting – February 28, 2023 1
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING – OPEN SESSION
FEBRUARY 28, 2023
The City Council of the City of Downey held a Regular City Council Meeting – Open Session on February 28, 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
Timothy Horn Council Member
Hector Sosa Council Member
Vacant Council Member, District 3
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
Edwin Norris, Interim Public Works Director
Jason Chacon, Director of Parks & Recreation
Maria Rivas, Acting Assistant to the City Manager
M. Alicia Duarte, CMC, City Clerk
The Invocation was delivered by Council Member Sosa. 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 to speak regarding parking issues at a future City Council meeting. He shared his experience attending a ride-along with the Police Department.
Mayor Pro Tem Trujillo reported attending the Chamber of Commerce Social event, a Neighborhood Watch meeting, the Southeast District Bar Association State of the Courts event, an orientation for the Clean Power Alliance, the soft opening of Bella Lounge, the swearing-in ceremony for Congressman Garcia, and the La Feria del Empresario event. He commented regarding the 10-20 Club. He requested staff prepare a Request for Proposals to promote City properties for filming and an update regarding electronic plan submittal.
Council Member Sosa thanked the audience for attending the City Council meeting. He reported attending the SELACO Board meeting, the Contract Cities Legislative Tour, the La Feria del Empresario event, and the Ribbon Cutting event for Top Golf. He invited the public to attend the West Downey Little League Opening Day ceremony, the Veteran Peer Access Network Veterans Breakfast, and the Special Needs Resource and Awareness Fair. He requested staff conduct a study on a community garden concept.
Mayor Frometa welcomed the audience to the City Council meeting. She reported attending various events mentioned by the other Council Members. She highlighted the Neighborhood Watch meeting and encouraged the community to contact Neighborhood Watch Coordinator Arroyo if
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interested in forming a Neighborhood Watch group. She announced Mayor Frometa’s 90 Second Roundup would be coming soon to provide short videos announcing upcoming events in the City. She invited the public to attend Coffee with the Mayor. She commented regarding the ability to request bulky item pick-up via the Downey App and reported the City is working with Athens to be more responsive.
She requested staff host an event to etch catalytic converters as a crime deterrent.
CITY MANAGER/STAFF MEMBER COMMENTS
Interim City Manager Scott acknowledged Council Member Horn’s request to discuss parking.
Council Member Horn stated he is not requesting staff to provide a report. Interim City Manager Scott commented regarding the process to implement electronic plan submittal and issues due to the age of the existing system. He suggested a new concept for the Request for Proposals on promoting filming locations and shared staff will follow up with the City Council regarding this matter. He commented regarding following up with the Athens representative regarding the response time for bulky item pick- up. He reported the Manzanar Ave. fence has been designed and the City is in the process of obtaining bids. He thanked all field Departments for their work dealing with the rain in the last few weeks.
Mayor Frometa commended Interim City Manager Scott’s work to address safety concerns on Cecilia St.
PRESENTATIONS
1. Mayor Frometa presented the Mayor’s Legacy Award to Patrick Erlandson.
2. Mayor Frometa presented a Proclamation in honor of Black History Month.
3. Mayor Frometa presented a Certificate of Recognition to Mark Scott, Interim City Manager.
4. Mayor Frometa presented Certificates of Appreciation to Downey Christmas Parade Volunteers.
RECESS/RECONVENE
Mayor Frometa recessed the City Council meeting at 7:29 p.m. Mayor Frometa reconvened the City Council meeting at 7:33 p.m. with all Council Members present.
5. Presentation of the YMCA.
PUBLIC HEARINGS
1. REGULATION OF OVERSIZED VEHICLE PARKING AND CREATION OF A PERMIT PROGRAM FOR THE TEMPORARY PARKING OF RECREATIONAL VEHICLES: Police.
INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE III (“PUBLIC SAFETY”), CHAPTER 1 (“TRAFFIC REGULATIONS”), PART 10 (“STOPPING, STANDING AND PARKING”) OF THE DOWNEY MUNICIPAL CODE
REGULATING THE OVERNIGHT PARKING OF OVERSIZED VEHICLES AND CREATING A
PERMIT PROGRAM FOR PARKING OF RECREATIONAL VEHICLES
Mayor Frometa opened the Public Hearing at 7:44 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, to receive and file the publication.
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City Prosecutor Eckart presented the staff report for Item No. 1. He provided the history of the item, complaints received regarding oversized vehicles, the options presented to address health and safety concerns, and direction from Council to regulate the daytime parking of oversized vehicles, prohibit overnight parking, and provide for a permitting program to allow recreational vehicles to be parked on City streets. He clarified the definition of oversized vehicles per the California Vehicle Code as vehicles 22 feet in length, seven feet in width, or seven feet in height. He stated the Ordinance applies to all recreational vehicles regardless of the size and these vehicles are prohibited from parking during daytime hours of 7 a.m. to 10 p.m. for a period of more than four hours with the exemptions for delivery trucks, plumbers’ trucks, contractors’ vehicles, and other vehicles performing a service at a local location. He shared these vehicles must be parked in a certain location within the same block of the address they are servicing. He added the Ordinance provided for a ban of oversized vehicles during the nighttime hours of 10 p.m. to 7 a.m. with certain exceptions such as temporary parking permits and disabled person parking. He noted the Ordinance would allow for up to 15 permits to be issued per calendar year, valid for a 72-hour period, with a 24-hour gap between the expiration of one permit and the obtaining of another permit. He shared the purpose of the Ordinance to address issues such as oversized vehicles parked on narrow streets and visibility issues from oversized vehicles parked too close to intersections and driveways.
Mayor Frometa expressed concerns regarding vehicles parking for four hours, moving down the street, and continuing to park. She added that she has seen this issue on Stewart and Gray Rd. and Imperial Hwy. Mr. Eckart responded a complete ban was originally proposed and Council Member La Plante requested to remove the permitting requirement during daytime hours. He cited Section 3182.5A(a) which requires vehicles to move to a different location that is not within the same block. He added the vehicles should be parked for the purposes of servicing some type of activity. He acknowledged the enforcement issue and the need to confirm the violation occurred.
Council Member Horn expressed concerns regarding moving vehicles to the City park parking lot. Mr. Eckart responded regarding the intent of the Ordinance to address parking on public streets. He stated other regulation is in place to address parking of recreational vehicles on private property and within the parks. He cited Section 3182.5B which addresses parking at lots or structures owned, controlled, or operated by the City. He indicated regulation regarding nighttime parking would not affect the parks because they are closed at that time. He stated the Ordinance was not designed to address parking at the park but it could be included. Council Member Horn commented regarding vehicles parking at the park and moving the vehicle to the street after the park closes. Mr. Eckart responded oversized vehicles would not be able to park on the street between 10 p.m. and 7 a.m. without a permit.
He noted persons in recreational vehicles may be utilizing the services of the park.
RECESS/RECONVENE
Mayor Frometa recessed the City Council meeting at 7:54 p.m. Mayor Frometa reconvened the City Council meeting at 7:56 p.m. with all Council Members present.
Council Member Horn inquired regarding parking for persons with permanent disability parking placards. Mr. Eckart responded residents may obtain a City permit using their permanent disability placard. Council Member Horn requested to confirm persons with permanent disability parking placards may park on the street all day. Mr. Eckart responded the permanent disability parking placard and City permit must be displayed within the vehicle and if the placard and permit are removed, the vehicle would be subject to all regulations in the Ordinance. Council Member Horn requested to confirm the permit for disabled persons differs from the temporary parking permit. Mr. Eckart clarified the permit for disabled persons is valid for 12 months and can be renewed. He added the law would not go into effect until the City posts the appropriate signage that would be required throughout the City or at entrances into the City. He noted the City Council may set a later effective date to allow for notification of the community. He concluded that otherwise the Ordinance would take effect 30 days after passage.
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Mayor Frometa inquired regarding the start time for no parking during nighttime hours. Mr.
Eckart responded staff chose a 10 p.m. start time based on comments from the previous City Council meeting and clarified the City Council would be able to adjust the start time. He commented regarding policies in other jurisdictions and reiterated the 10 p.m. start time was recommended at the last City Council meeting but can be changed.
Mayor Frometa, at 8:00 p.m., opened this item for public comment. Mayor Frometa asked City Clerk Duarte if there were any written public comments received regarding the Public Hearing item. City Clerk Duarte confirmed no written public comments were received. Mayor Frometa asked if there was anyone present who would like to comment regarding the Public Hearing item.
Armando Herman, non-resident, commented regarding parking placards, traffic regulations, the permit process, and transparency.
BC, resident, commented regarding inclusion of detached trailers in the Ordinance and the permit program.
Rodolfo Cortes Barragan, non-resident, commented regarding the effect on the homeless population, due process, notice to affected individuals, and Council Members.
It was moved by Mayor Frometa, seconded by Mayor Pro Tem Trujillo, and carried 4 -0, to close the Public Hearing at 8:08 p.m.
Mayor Frometa requested to modify the commencement of no parking hours to 9:00 p.m.
Council Member Sosa inquired regarding the timeline for enforcement once the Ordinance is passed. Mr. Eckart responded the City would wait the prerequisite 30 days unless the Council designated a longer period for the Ordinance to go into effect and for installation of the required signage. He stated the timeframe would depend on the time to have the signs prepared and installed in the City. Council Member Sosa requested to extend the timeline to ensure the public is given proper notice. Mr. Eckart responded the effective date was left blank for the Council to designate a longer time for the purposes of enforcement. Interim City Manager Scott added the City would start with notices posted on the streets regarding the effective date and enforcement of the Ordinance. He stated the City typically gives warnings before issuing citations. He commented in favor of taking time to prepare for proper implementation. Chief Murray added the Police Department has an implementation plan in place to ensure residents are aware of any changes in the law. Captain Parino stated the Police Department has developed an implementation plan including an educational campaign through social media platforms and other venues. He shared regarding a public awareness campaign and stated the Police Department has drafted warning notices with information regarding the new law that would be disseminated before issuing any citations. He added the Police Department would allow time for residents to make the necessary adjustments, move vehicles, or contact staff to obtain a permit. He concluded the Police Department would begin its enforcement campaign after notice has been given and warning notices have been issued. He noted the Police Department applies discretion in circumstances such as resident being out of town during the educational campaign.
Mayor Frometa commented regarding the City of Pomona’s policies, commencing nighttime parking hours at 8 p.m., limiting daytime parking to four hours, and prohibiting parking at City lots or parks. Mr. Eckart requested clarification regarding Mayor Frometa’s concerns on parking at City parks.
Mayor Frometa stated she is referring to overnight parking. Mr. Eckart responded overnight parking at the park is prohibited because the parks are closed and confirmed prohibition of parking at lots or structure owned or operated by the City is subject to the overnight parking prohibition. He stated the parks are not covered by the four-hour restriction during the day. Mayor Frometa requested to confirm oversized vehicle parking is prohibited in residential areas during nighttime hours unless the resident has obtained a permit. Mr. Eckart confirmed her statement and added residents are eligible for 15
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permits per year which are valid for 72 hours each. He clarified this applies to vehicles parked on the street and vehicles parked on private property are subject to other regulations under the Zoning Code.
Mayor Frometa requested to change the Ordinance to commence no parking nighttime hours at 8:00 p.m.
Council Member Sosa inquired regarding the proposed 10 p.m. time for no parking hours. Mr.
Eckart responded former Council Member La Plante recommended the 10 p.m. start time.
Mayor Frometa commented regarding feedback from residents regarding trash, public safety, and public health concerns associated with oversized vehicles. She commented regarding daylight savings affecting the nighttime hours and safety.
Council Member Sosa inquired regarding fees associated with the permit. Mr. Eckart responded staff is recommending a no-charge permit but the decision is ultimately up to the City Council.
Council Member Horn expressed concerns regarding blind spots. Mr. Eckart responded blind spots are addressed in the Ordinance and oversized vehicles are prohibited from parking in a place that would pose a safety issue including blocking or hindering a traffic lane, blocking or interfering with critical sight lines for driveways, alleyways, or streets, blocking or hindering visibility of a traffic control device, or being within 100 feet of any intersection. He stated the Ordinance allows for additional locations where the City will prohibit parking even with a permit to prevent oversized vehicles from creating a hazard. Council Member Horn expressed concerns regarding large trucks parked in his neighborhood and commented in favor of a 24-hour prohibition of parking in blind spots.
Mayor Pro Tem Trujillo inquired regarding trucks parking near Patton Rd. and Cleta St. Mr.
Eckart responded the trucks would be allowed to park for 4 hours during the day, would not be allowed to park overnight, and are not eligible for parking permits. He stated permits are only for recreational vehicles and do not apply to other types of oversized vehicles. He stated other oversized vehicles are prohibited from parking overnight. Mayor Pro Tem Trujillo shared regarding complaints received pertaining to noise associated with trucks parked on Patton Rd. and Cleta St.
Mayor Frometa commented regarding parking of commercial vehicles and penalties for violations. Mr. Eckart responded violations would be subject to a parking citation and the Administrative Fine Resolution would need to be submitted to the Council to update the associated fine. He requested clarification regarding the effective date of the Ordinance. Mayor Frometa commented her desire to proceed with the usual 30-day period and the need to address the issue sooner rather than later for areas that are most impacted. She commented in favor of a 30-day implementation and to continue to inform residents.
Mayor Pro Tem Trujillo commented regarding the need for Police Officers to identify unhoused individuals and provide those individuals with resources and information regarding housing as part of the education campaign
Mayor Frometa commented regarding the efforts of the City’s law enforcement officials and the Los Angeles Homeless Services Authority to provide outreach to unhoused individuals.
Council Member Sosa stated Captain Parino’s response regarding the educational campaign answered his question.
It was moved by Mayor Frometa, seconded by Council Member Horn, and carried 4-0, to introduce an Ordinance of the City Council of the City of Downey amending Article III (“Public Safety), Chapter 1 (Traffic Regulations”), Part 10 (Stopping, Standing and Parking” of th e Downey Municipal Code regulating the overnight parking of oversized vehicles and creating a permit program for parking of recreational vehicles as amended to commence overnight parking prohibitions at 8 p.m.
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2. APPROVED THE PROPOSED SUBSTANTIAL AMENDMENT TO THE ANNUAL ACTION PLAN
FOR THE DRAFT HOME INVESTMENT PARTNERSHIPS PROGRAM AMERICAN RESCUE
PLAN ACT (HOME-ARP) ALLOCATION PLAN AND AUTHORIZED THE CITY MANAGER TO SUBMIT THE DOCUMENT AND THE REQUIRED CERTIFICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AND, AUTHORIZED THE CITY MANAGER,
OR HIS DESIGNEE, TO MODIFY AND EXECUTE ANY AND ALL APPROPRIATE
INSTRUMENTS, AGREEMENTS, CONTRACTS, AND IMPLEMENTING DOCUMENTS RELATED
TO THE IMPLEMENTATION AND ADMINISTRATION OF THE PROPOSED SUBSTANTIAL
AMENDMENT TO THE ANNUAL ACTION PLAN FOR THE DRAFT HOME-ARP ALLOCATION
PLAN, INCLUDING SUBRECIPIENT GRANT CONTRACTS AND AGREEMENTS, BASED ON THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S APPROPRIATION TO THE CITY: Community Development.
Mayor Frometa opened the Public Hearing at 8:26 p.m.
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tem Trujillo, seconded by Council Member Sosa, and carried 4-0, to receive and file the publication.
David Munoz, MDG Associates, presented the staff report for Item No. 2. He commented regarding the purpose of the Public Hearing to allocate the HOME Investment Partnerships Program American Rescue Plan grant funds. He provided an overview of the American Rescue Plan and its purpose to assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations. He stated HOME Program Participating Jurisdictions are eligible to receive the one-time HOME ARP grant, which expanded the types of eligible activities and qualifying populations that would be eligible to receive assistance. He shared HUD’s requirement that the City conduct a substantial amendment to the 2021 Annual Action Plan to allocate the additional funds. He added the City was awarded $1,593,133 of HOME-ARP funds. He stated the qualifying populations are homeless, fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking, at-risk of homelessness, and other populations requiring assistance to prevent return to homelessness or at risk of housing instability. He shared the categories of eligible activities: acquisition and development of non-congregate shelter, HOME-ARP affordable rental housing, supportive services, tenant-based rental assistance, nonprofit operating & capacity building assistance, and administration and planning. He provided the proposed allocation of the HOME-ARP funds, which was determined through community engagement and surveys conducted. He shared responses indicated a priority for tenant-based rental assistance, supportive services, nonprofit operating assistance, nonprofit capacity building, and administration and planning. He added a majority of the allocation would be toward tenant-based rental assistance and supportive services and the funding provided for nonprofit operating assistance and nonprofit capacity building would be for service providers implementing the tenant-based rental assistance and supportive services. He outlined the steps completed by staff including conducting a consultation with stakeholder input, needs assessment and gap analysis, preparing the draft allocation plan, and making the draft allocation plan available to stakeholders and to the public for a public comment period and public hearing. He stated next steps would be for staff to receive approval from the City Council to submit the plan to the Department of Housing and Urban Development and submit the substantial amendment to the 2021-2022 Annual Action Plan.
Mayor Frometa inquired regarding eligible administration and planning activities. Mr. Munoz responded administration and planning may include community engagement, survey work, completion of the draft plan, development of a Notice of Funding Available for service providers, issuance and monitoring of contracts, and oversight and coordination to ensure the funds assisted the intended qualifying populations. Mayor Frometa inquired whether the percentage allocated has changed since the previous allocation. Mr. Munoz responded the HOME-ARP program is a one-time allocation with different benchmarks and the statutory limit for the HOME program is 10%. He stated the maximum
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allocation for administration and planning is 15% but the activity does not need to be fully funded.
Mayor Frometa commented regarding allocating to the need.
Council Member Horn inquired whether the grant would need to be repaid. Mr. Munoz responded the City does not need to pay back any funds so long as the grant requirements are followed.
Council Member Sosa inquired regarding the substantial amendment. Mr. Munoz responded the HOME-ARP funds constitute a sufficient change in the original 2021-2022 Annual Action Plan budget that staff is providing a public review period and submitting the plan to HUD. He stated the distinction between the HOME-ARP and HOME funds is that each program has different regulations regarding how the funds may be used and the intended population.
Mayor Frometa, at 8:38 p.m., 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 confirmed no written comments were received.
Rodolfo Cortes Barragan, non-resident, commented regarding the level of grant funding and The Deficit Myth: Modern Monetary Theory and the Birth of the People’s Economy.
BC, resident, commented regarding participation in public hearings, elected officials and public policy, and the public comment period.
Lee Squire, resident, commented regarding compliance with regulation, public records, certificates, and implementation within internal financial statements, emphasis on Veterans and the disabled community, and protection from fraud, waste, and mismanagement.
Armando Herman, non-resident, commented regarding allocations toward eligible activities, the amount of grant funding provided, development and vacant businesses, and housing for Veterans and the disabled community.
It was moved by Mayor Frometa, seconded by Mayor Pro Tem Trujillo, and carried 4-0, to close the Public Hearing at 8:48 p.m.
It was moved by Mayor Frometa, seconded by Mayor Pro Tem Trujillo, and carried 4-0, to approve the proposed substantial amendment to the Annual Action Plan for the Draft HOME Investment Partnerships Program American Rescue Plan (HOME-ARP) Allocation Plan and authorize the City Manager to submit the document and the required certification to the U.S. Department of Housing and Urban Development (HUD); and, authorize the City Manager, or his designee, to modify and execute any and all appropriate instruments, agreements, contracts, and implementing documents related to the implementation and administration of the proposed Substantial Amendment to the Annual Action Plan for the draft HOME-ARP Allocation Plan, including subrecipient grant contracts and agreements, based on the U.S. Department of Housing and Urban Development’s Appropriation to the City.
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 two written public comments were received.
John Lacey, resident, thanked Interim City Manager Scott for his service to the City and wished him well in his new journey.
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Carmen Verdugo commented regarding SEAACA services and pricing.
It was moved by Mayor Frometa, seconded by Mayor Pro Tem Trujillo, and carried 4-0, 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 free speech and Item No. 16.
Alan Halstensgaard, resident, commented regarding abortion.
BC, resident, commented in favor of Item No. 18, in opposition to Item Nos. 14, 15, and 16, and Black History Month.
Irina Brito, resident, commented regarding safety concerns on Cecilia St.
Ron Bourne, resident, commented regarding Council Members, homelessness, and street conditions.
Lee Squire, resident, commented regarding Black History Month and the civil rights movement.
Manuel Ojeda, resident, commented regarding traffic concerns on Cecilia St.
Rodolfo Cortes Barragan, non-resident, commented regarding public comment time, Council Members, division in the City, The Downey Patriot, and elected officials.
Dorothy Pemberton, resident, commented regarding the history of Trader Joe’s.
Having no one else, Mayor Frometa closed public comment.
CONSENT CALENDAR
Council Member Horn abstained from Item No. 3, Regular Meeting Minutes of January 10, 2023, as he was not a Council Member at the time.
Mayor Frometa pulled Item Nos. 8 and 12 for separate discussion.
It was moved by Mayor Frometa, seconded by Mayor Pro Tem Trujillo, and carried 4-0, to approve the remainder of the Consent Calendar.
3. APPROVED MINUTES: Regular Meeting of January 10, 2023: City Clerk.
4. WARRANTS ISSUED: Warrant Nos. 365821 – 366182; Payroll Wire Nos. 30004316 – 30004320; EFT Nos. 12218 – 12265; Manual Wire Nos. 2347 – 2351; and, Cashier’s Check Nos. 0158 – 0159, in the total amount of $5,180,738.90: Finance.
5. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS FOR 6TH 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. 23-19): Public Works.
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6. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS FOR STAMPS RD. 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. 23-21): Public Works.
7. APPROVED FIVE YEAR LICENSE AGREEMENTS WITH SOUTHERN CALIFORNIA EDISON
COMPANY (SCE) FOR THE CONTINUED USE OF THEIR RIGHT-OF-WAY FOR PARK PURPOSES AT WILDERNESS PARK AND CRAWFORD PARK; AND, AUTHORIZED THE MAYOR TO EXECUTE THE LICENSE AGREEMENTS; AND, APPROPRIATED $14,441.95
FROM THE GENERAL FUND BALANCE TO COVER THE TOTAL COST OF THE FIVE- YEAR LICENSE AGREEMENT FEES: Public Works.
9. APPROVED AN ACCESS AGREEMENT WITH HALL STEWART AND GRAY ROAD LLC (LICENSEE) FOR INSTALLATION OF A GROUNDWATER MONITORING WELL AT THE CITY
UTILITIES YARD AND FURTHER FINDING THAT THIS PROJECT IS EXEMPT FROM THE
PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTION 15303 CLASS; AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT; AND,
AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY: Public Works.
10. APPROVED PURCHASE AND ACQUISITION OF PERMANENT ROAD EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR PROPERTY LOCATED AT 9026 FLORENCE AVE: Public Works.
1) ADOPTED RESOLUTION NO. 23-8153, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY APPROVING THE PURCHASE AND ACQUISITION OF A
PERMANENT ROAD EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
BETWEEN SMAIL DJOKOVIC AND NAFIJA DJOKOVIC, HUSBAND AND WIFE AS JOINT TENANTS AND THE CITY OF DOWNEY FOR PROPERTY LOCATED AT 9026
FLORENCE AVENUE 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 IN A FORM ACCEPTABLE BY THE CITY ATTORNEY; AND,
3) AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY FOR THE PROJECT.
11. ADOPTED RESOLUTION NO. 23-8154, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING PREPARATION OF THE ENGINEER’S REPORT IN ACCORDANCE WITH ARTICLE 4 OF CHAPTER 1 OF THE “LANDSCAPING AND LIGHTING ACT OF 1972” (STREETS & HIGHWAYS CODE SECTION 22500, ET. SEQ.), BEING DIVISION 15, PART 2 OF
THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA FOR THE
MAINTENANCE, OPERATION AND SERVICING OF STREET AND PUBLIC FACILITY
LANDSCAPING, LIGHTING, TRAFFIC SIGNALS AND APPURTENANT WORK IN THE CITY OF DOWNEY FOR THE FISCAL YEAR COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024:
Public Works.
13. APPROVED AN UPDATE TO THE INTER-GOVERNMENT AGENCIES AND COUNCIL SUBCOMMITTEE APPOINTMENTS FOR 2023: Mayor Frometa.
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14. APPROVED A TABLE SPONSORSHIP FOR THE RANCHO LOS AMIGOS FOUNDATION AMISTAD GALA TAKING PLACE ON SATURDAY, MAY 6, 2023, AT THE WESTIN HOTEL, LONG BEACH: Mayor Frometa.
15. APPROVED A TABLE SPONSORSHIP FOR THE COMMUNITY FAMILY GUIDANCE CENTER CHILDREN’S BENEFIT DINNER TAKING PLACE ON THURSDAY, MAY 11, 2023, AT THE SHERATON HOTEL, CERRITOS: Mayor Pro Tem Trujillo.
OTHER BUSINESS
8. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH DIGITAL PHOTO GRAPHICS (DPG) FOR PHOTOGRAPHY SERVICES IN THE ANNUAL AMOUNT OF $13,800; AND,
AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY: Administration.
Mayor Frometa inquired regarding the item. Interim Assistant City Manager De Rojas responded the agreement is for City photographer services. She advised a Request for Proposals was issued, staff reviewed all submitted proposals, conducted interviews and made a selection based on qualifications and the interview process.
It was moved by Mayor Frometa, seconded by Mayor Pro Tem Trujillo, and carried 4-0, to approve a Professional Services Agreement with Digital Photo Graphics Services for Photography Services in the annual amount of $13,800; and, authorize the City Manager to execute any and all amendments to the agreement as deemed necessary.
12. ADOPT ORDINANCE NO. 23-1504, 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.
Mayor Frometa inquired regarding the reason the City is considering adoption of an Ordinance amending the speed limits for Firestone Blvd. between Old River School Rd. and the west City limit.
Interim City Manager Scott explained the City cannot post speed limits without conducting a speed survey and the lowest possible posted speed limit is based on a percentage of the prevailing speed determined in the survey. He stated the City will survey parts of the City to evaluate traffic and the survey justified a lower speed limit. Interim Director of Public Works/City Engineer Norris responded the California Vehicle Code requires cities to conduct an engineering and traffic survey on all streets where the speed limit must be posted every seven years. He stated that segment of Firestone Blvd was l ast surveyed seven years ago and the characteristics of the street have changed since the last survey due to the construction of a raised median island and the addition of a third travel lane. He shared reduction of the posted speed limit from 40 to 35 miles per hour was justified through the traffic survey and matches the speed limit as drivers enter South Gate to the west.
Mayor Frometa inquired regarding how the speed limit change will help the City and how the new speed limit will be enforced. Chief Murray responded this change will not affect how the Police Department enforces the speed limit. She added the traffic survey data supports reducing the speed limit. She stated the Police Department will continue to enforce safe speeds in the City and part of this effort will be an educational campaign to inform residents. She shared the Police Department does receive complaints regarding that area of the City.
Council Member Sosa expressed concerns regarding enforcement and the effect on drivers obeying the law. Interim City Manager Scott responded the City has the option to set the speed limit higher if the Council believes 35 miles per hour is too low. He acknowledged the issue of drivers
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speeding regardless of the posted speed limit. Mr. Norris stated the 85th percentile speed is the prevailing limit and serves as the benchmark for which the posted speed is set. Interim City Manager Scott stated the City could leave the speed limit at 40 miles per hour.
Mayor Frometa emphasized the need to educate residents and stated she is not opposed to decreasing speed limits. She acknowledged the issue of speeding in the City. She inquired regarding residents requesting studies of additional segments of the City to lower speed limits. Interim City Manager Scott responded the City studies all streets within the cycle and conducts exhaustive speed surveys. He commented larger areas are typically surveyed and speed limits are typically lowered to reflect the prevailing speeds. Mayor Frometa inquired why a smaller segment was surveyed in this case. Mr. Norris responded the arterial streets are divided into sections when engineering and traffic surveys are conducted and staff has maintained consistency with past methods with which the streets have been studied.
Council Member Horn inquired regarding the timing of the traffic lights. Mr. Norris responded the timing remains the same. Council Member Horn expressed concerns regarding drivers running yellow lights. Mr. Norris responded there is little difference with the change in the speed limit and the timing of the yellow traffic light has more of an effect. Council Member Horn expressed concerns regarding traffic backups. Mr. Norris responded the traffic signal at Old River School Rd. is known as an eight -phase intersection and the timing is more constrained than other intersections with fewer phases. He explained the green light window is lower than other intersections with fewer phases because the Old River School Rd. has left turn arrows on both the north-south approaches and the east-west approaches.
Council Member Sosa requested to clarify staff’s recommendation. Interim City Manager Scott responded the recommendation is to lower the speed from 40 miles per hour to 35 miles per hour.
It was moved by Mayor Frometa, seconded by Council Member Horn, and failed 2-1-1, with Council Member Sosa voting no and Mayor Pro Tem Trujillo abstaining, to adopt 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.
ADMINISTRATIVE REPORTS
16. DISCUSSED FUNDING OF THE YMCA CAPITAL CAMPAIGN PROJECT: Administration.
Interim City Manager Scott commented regarding the presentation by the YMCA and the YMCA as an asset for the community. He commented regarding $3 million in State funding the City is required to administer. He suggested discussion of this matter during the budget process. He added the City is reviewing the budget for the Space Center Expansion Project and staff is recommending a Capital Fundraising Campaign for this project.
Mayor Pro Tem Trujillo inquired whether other cities support their local YMCA. He requested staff prioritize support of the YMCA. He stated the City does not have a youth center, Boys and Girls Club, or a YMCA. He commented regarding the new facility for the Space Center and the critical services offered by the YMCA to seniors and the youth. He reiterated his request for information regarding other cities of a similar size, the amount of financial support offered to the YMCA, and whether financial support is part of the annual budget.
Council Member Sosa commented regarding the YMCA and discussing financial support as part of the budget process.
Mayor Frometa commented regarding the value of the YMCA, consideration of the financial implications and the financial commitment. She commented regarding support of Legacy Groups and
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the need to be thoughtful. She stated she is unwilling to tap into the City’s reserves to support the project. She shared the City Council was elected to be good stewards of the City’s funds and the City has two upcoming Capital projects. She commented regarding funding of the Space Center project and stated the City would be unable to make a significant contribution to the YMCA. She commented in opposition to a donation that would tap into the City’s reserves. She commented regarding the City’s financial standing due to strong and conservative financial practices. She stated the City can consider a financial contribution.
Mayor Pro Tem Trujillo commented regarding the City’s priorities and the services provided by the Shuttle Inspiration. He commented in favor of prioritizing the YMCA and resident services for seniors, youth, and families. He commented regarding the benefit of crime prevention in youths and basic services to the community and residents including repair of City streets. He stated services for constituents should be the primary focus.
Mayor Frometa inquired regarding the number of families subsidized by services provided by the YMCA. She stated before COVID, the YMCA had 15,000 members and 2,400 family of which 50% could receive assistance. She concurred regarding the valuable services offered by the YMCA and commented regarding the City’s legacy projects, the City’s Columbia Memorial Space Center, and STEM program. She shared the importance of expanding collaboration and relationships as a biomed hub and home of the Apollo Space program. She noted the City may request an extension but needs to use the State funding before the deadline. She stated the shortfall the YMCA requested is a significant amount the City cannot contribute. She added the City may contribute $50-100,000 over a period of a few years but a more significant contribution would impact the City’s budget and reserve funds. She commented regarding the precedent of the City supporting nonprofits.
Council Member Sosa commented regarding the importance of the Columbia Memorial Space Center expansion project and the desire to assist the YMCA if possible. He commented regarding the need to go through the budgeting process and determine the City’s options. He concurred that the YMCA provided valuable services and emphasized the need to be responsible.
Interim City Manager Scott commented regarding policy discussions and expressing different viewpoints. He stated both projects are community-based projects that will require the support of the community in order to be completed. He commented regarding discussion during the budget process.
Mayor Frometa stated the City is not able to contribute $500,000-$1 million. She stated the City can contribute a more conservative number.
It was moved by Mayor Frometa, seconded by Council Member Horn, and carried 4-0, to return the item to the City Council before the budget season.
17. ADOPTION OF SALARY AND BENEFITS RESOLUTION FOR EXECUTIVE MANAGEMENT, MIDDLE MANAGEMENT AND CONFIDENTIAL/EXEMPT POSITIONS: Administration.
ADOPTED RESOLUTION NO. 23-8155, A RESOLUTION 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
Interim City Manager Scott provided the staff report for Item No. 17. He shared the Memorandums of Understanding for various bargaining units have been brought before the City Council for approval. He stated the Resolution affects the City’s Executive Management, Middle Management and Confidential/Exempt positions. He stated that State law requires a public presentation before changing salaries or benefits for such positions and the item cannot be approved as part of the
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Consent Calendar. He noted a 4% increase effective April 1, 2023; April 1, 2024; and April 1, 2025, a 1% decrease of the City’s employee pension costs for classic employees, a one-time $2,500 lump sum, and continuation of City contribution towards employee medical insurance. He stated the increased personnel costs of $332,774 in Year 1, $242,757 in Year 3, and $215,565 in Year 3.
It was moved by Mayor Frometa, seconded by Mayor Pro Tem Trujillo, and carried 4-0, to adopt Resolution No. 23-8155, a Resolution 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.
18. CONSIDERATION OF DISCOUNTS FOR RECREATIONAL CLASSES FOR FAMILIES WITH MULTIPLE CHILDREN ENROLLED IN CITY RECREATIONAL CLASSES: Parks & Recreation.
Director Chacon provided the staff report for Item No. 18. He shared recreational classes consist of two types of programs. The first type are instructor-led programs that make up 90% of classes and are taught be independent contractors on a 70-30 split of proceeds. He stated the staff-led classes are seasonal day camps and seasonal aquatics programs. He stated both the contractor instructors and City staff must be taken into account when considering discounts for families with multiple children enrolled. He stated the City would need to reimburse contract instructors from a general fund account if a blanket discount were applied to all recreational classes. He shared staff processes paperwork after the fourth week of an eight-week class to pay the instructor by the end of the class and noted subsidizing the payment from the general fund would cause a slight delay in payment to instructors. He shared the majority of requests are for families with multiple children, especially for summer camps and aquatics programs. He noted the high upfront cost for parents with multiple children and stated staff conducted a survey of local cities and found the cities of Paramount, Bell Gardens, Bellflower, Whittier, and Santa Fe Spring offer general scholarship programs that are not specific to families with multiple children. He elaborated Paramount provides general fund monies in the amount of $30,000, Whittier provides general fund monies in the amount of $15,000, and the other cities have grant funded scholarship programs. He noted feedback stating the scholarship program is time consuming in determining who qualifies for scholarships. He shared the City could not base eligibility on the free or reduced lunch because every student currently receives free or reduced lunch.
He stated the next step would be to qualify eligibility based on HUD low-income requirements, which would require submission of tax documents and pay stubs to Recreation staff. He shared the City may need to designate multiple staff to take on the task of qualifying applicants. He stated the cities of La Mirada, Montebello, Norwalk and Pico Rivera don’t offer any discounts. He added the City’s summer camps are $150 per week for residents and staff’s recommendation of a 20% discount of $30 for a total cost of $120 per week. He summarized this would result in less revenue for the City but would not require a general fund line item to supplement the cost. He stated Parks and Recreation is not a money-making business but a service providing business so it would not be detrimental to the bottom line. He stated this provides families more resources to allow children to attend classes. He shared staff’s recommendation of a $13 discount for multiple siblings attending aquatic swim lessons, which would lower the cost from $64 to $51 per session. He clarified the discount would apply to each additional child registered. He explained it would be possible to apply this model to the instructor-led classes but it would take time to implement because of the creation of a general fund account to compensate contract instructors. He reiterated that cities currently offering a scholarship provide a general scholarship rather than a sibling discount. He shared some cities have a maximum cap for each family. He noted feedback that cities with scholarship programs see fewer scholarships due to the amount of paperwork and requirements to apply. He concluded with staff’s recommendation to offer discounts for the City’s seasonal day camp and aquatic swim lessons. He noted the 20% discount is higher than those offered by other agencies. He advised against a 10% discount as it would not sufficiently benefit residents.
Mayor Frometa thanked Director Chacon and acknowledged most requests for discounts were in relation to the seasonal day camp activities and the aquatic swim lessons. She commented in favor
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of the multi-sibling discounts. She inquired whether a 20% discount was sufficient or if the City should offer a 25% discount. She noted families in Downey typically have multiple children.
Council Member Sosa shared his experience with sibling discounts offered in youth sports and the different in families with young children. He commented in support of having youth participation and assisting low-income families. He inquired regarding financial hardship waivers. Director Chacon responded the City does not currently offer hardship waivers and none of the eight cities surveyed offers this program. He noted the scholarship program is similar and acknowledged many sports programs that are not City-run do offer sibling discounts. He stated the City does not have a fund for low-income families and if the City initiated a program, staff would develop requirements to qualify for the program. Council Member Sosa commented in favor of discounts for families with multiple children enrolled and the positive impact on families.
Council Member Horn inquired regarding whether the discount would apply across classes.
Director Chacon responded siblings would not have to enroll in the same class. He advised the registration would need to occur at the same time to allow application of the discount , which would apply to the lower paying class. He stated families have one account in the City’s registration software and the City would need to be able to measure who registered and when. Council Member Horn inquired if this would allow the instructors higher pay as the cost is spread out over multiple classes.
Director Chacon responded with summer camps and aquatics, no adjustment is required. He added, with instructor-led classes, the discount would hurt contract instructors so the City would need to make up the difference from the general fund.
It was moved by Mayor Frometa, seconded by Council Member Sosa, and carried 4-0, to approve implementation of multi-sibling discounts for season day camps and aquatic programming at 20%.
19. RECEIVED AND FILED AN UPDATE REGARDING TRADER JOE’S: Administration.
Interim Assistant City Manager De Rojas provided the staff report for Item No. 19. She provided a history of the item. She shared the Community Development Department has maintained in contact with the Broker and Vice President of Real Estate for Trader Joe’s for a number of years. She stated the Community Development Director and Economic Development Manager call every 60 days to touch base, and discuss potential locations, update demographics and related data. She stated Trader Joe’s has expressed interest in a new store in Downey if the right site was available on Firestone Blvd. to accommodate their needs for parking and visibility. She stated Community Develop ment staff monitors commercial vacancies on Firestone Blvd and approaches Trader Joe’s to confirm viability of potential sites and connect them with the property management. She shared no locations have accommodated the needs of Trader Joe’s. She listed recent attempts with the former Home Town Buffet location and the current Big Lots property. She stated staff is currently reaching out to Trader Joe’s regarding other possible locations along Firestone Blvd. She added the Community Development Department has reached out to and maintained contact with the Sprouts Director of Real Estate. She shared staff has maintained in contact when new commercial sites become available. She stated Sprouts is interested in a location north of Firestone Blvd. but typically requests tenant improvements to be completed by the property owner or management company so they are move-in ready at the start of their lease. She noted challenges in securing a site with commercial properties that have been made available in the past. She stated staff is currently working with property owners to see what the City can do to ass ist with a potential development.
Mayor Frometa thanked Ms. De Rojas for her report and commented in support of the City’s efforts to provide development or funding to the site Sprouts has expressed interest in.
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Mayor Pro Tem Trujillo thanked staff for the report and emphasized the importance of informing residents that staff hears their feedback and is working toward this goal. He commented regarding putting the public campaign on hold while staff pursues traditional methods.
Council Member Sosa stated Trader Joe’s or Sprouts would do well in Downey.
It was moved by Mayor Frometa, seconded by Mayor Pro Tem Trujillo., and carried 3-0, with Council Member Horn abstaining, to receive and file the update regarding Trader Joe’s.
20. DISCUSSED THE CITY’S PREFERENTIAL PERMIT PARKING PROGRAM: Administration.
Council Member Horn stated the preferential permit parking petition has been provided for the City Council’s review. City Clerk Duarte confirmed copies have been distributed to the Council and copies of the form were made available to members of the public. Council Member Horn explained the form is the third stage of the preferential permit parking petition process after a study has been conducted. He stated a certain percentage of residents must agree to the petition and stated in his experience with the seven preferential permit petitions, residents were not made aware they could change the time, which was set from 2 a.m. He commented regarding setting a standard of 6 p.m. to 6 a.m. so residents don’t have to park on their lawns until 2 a.m. Interim City Manager Scott commented regarding the ability of residents to specify the times of day when the majority of their street is non - residential parking. He added a survey must demonstrate the parking is majority non-residential. He stated residents are entitled to request these times during the petition process and commented regarding parking restriction hours in other cities and the multiple ways to handle the parking issue.
Council Member Horn commented regarding residents parking on their lawn and receiving a ticket.
Interim City Manager Scott commented regarding inclusion of residents on Bellflower Blvd. in preferential permit parking zones. He commented regarding public comment from residents on Bellflower Blvd. following implementation of the zone. He stated the Code needs to be addressed to handle those circumstances. He explained the issuance of a permit zone is to the detriment of whoever was parking on those streets and the need to find a middle ground when evaluating the permit parking policy. He commented regarding challenges for the residents of Bellflower Blvd. and development of a solution for these issues.
Council Member Horn indicated his intent to speak at the next City Council meeting regarding the parking issues in Downey.
It was moved by Mayor Frometa, seconded by Council Member Sosa, and carried 4-0, to return with a report regarding an amendment to the Downey Municipal Code regarding preferential permit parking.
ADJOURNMENT
Mayor Frometa adjourned the Regular City Council meeting at 10:20 p.m. in memory of Orange County Sheriff Brian Haney; victims of the shooting in Michigan State University; Los Angeles Bishop David O’Connell; retired Downey Fire Captain Tom Brown Jr., and, the lives lost due to COVID-19.
MARIA ALICIA DUARTE, CMC CLAUDIA M. FROMETA
City Clerk Mayor